08-19-97 AUGUST 19, 1997
A Regular Meeting of the City Commission of the City of
Delray Beach, Plorida, was called to order by Mayor Jay A1perin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
August 19, 1997.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
The opening prayer was delivered by Reverend Bernard
Pecaro, St. Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin noted the addition of Item 9.M., Resolu-
tion No. 63-97, to the regular agenda by addendum. He further
suggested that since Item 9.L., Closed Attorney/Client Session,
is not open to the public, it be moved to the last item on the
overall agenda so that the public would not have to wait for the
Commission to reconvene following the closed session to complete
any public business. The rest of the Commission concurred with
this change. The City Attorney clarified that both Item 9.L. and
9.M. should be moved to the end of the agenda for consideration.
Mr. Ellingsworth moved to approve the agenda as amend-
ed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. ~gan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
5. ApDroval of Minutes=
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of August 5, 1997, seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations= None
7. Presentations:
7.A. Perry DonFrancisco - Delray Citizens for Delray Police
Annual Scholarship Presentation to Melissa Schroeder.
Perry DonFrancisco, on behalf of Delray Citizens for
Delray Police, presented the 1997 scholarship award in the amount
of $500.00 to Melissa Schroeder. Miss Schroeder came forward to
accept the award.
8- CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH:
Approve the final subdivision plat for Delray Ocean Estates
North, a proposed five unit single family subdivision to be
located between A1A and Andrews Avenue, along the south side of
Harbor Court.
8.B. REMOVED
8.C. RESOLUTION NO. 59-97: Adopt a resolution assessing
costs for abatement action required to demolish an unsafe struc-
ture at 1012 N.E. 3rd Avenue.
The caption of Resolution No. 59-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(The official copy of Resolution No. 59-97 is on file
in the City Clerk's office.)
8.D. RESOLUTION NO. 60-97: Adopt a resolution assessing
costs for abatement action required to demolish an unsafe build-
ing at 309 S.E. 4th Avenue.
The caption of Resolution No. 60-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
2 08/19/97
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(The official copy of Resolution No. 60-97 is on file
in the City Clerk's office.)
8.E. RESOLUTION NO. 61-97: Adopt a resolution assessing
costs for emergency action required to fill in an abandoned
septic tank at 343 N.W. 4th Avenue.
The caption of Resolution No. 61-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR
UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(The official copy of Resolution No. 61-97 is on file
in the City Clerk's office.)
8.F. RESOLUTION NO. 62-97: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 31
properties throughout the City.
The caption of Resolution No. 62-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CNAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
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ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY 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 INTER-
EST ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 62-97 is on file
in the City Clerk's office.)
8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period August 4 through August 15 1997.
8.H. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Best Real Estate, Inc./Edward Kaplan
for rehabilitation of a City-owned single family
unit at 515 S.W. 5th Avenue under the HOPE 3
program in the amount of $26,769.75, with funding
from 118-1922-554-49.19 for $11,769.75 and $15,000
from 118-1924-554-49.19.
2. Bid awards through the Community Development Block
Grant Program (118-1963-554-49.19) as follows:
$7,344.75 to Craftsman Plus, Inc. for 930 S.W.
llth Terrace; $9,938.25 to Craftsman Plus, Inc.
for 30 S.W. 13th Avenue; and $16,537.50 to Best
Real Estate, Inc./Edward Kaplan for 51 N.W. 9th
Avenue.
3. Purchase award in the amount of $20,331 to Data
Flow Systems, Inc., sole source provider, for
telemetry equipment required for the remote
monitoring and control of the Acquifer Storage and
Recovery Well, with funding from
440-5179-536-69.18.
Mr. Egan moved to approve the Consent Agenda, seconded
by Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5
to 0 vote.
9. REGULAR AGENDA:
o8/19/97
9.A. PROPOSED PEDI-CAB/RICKSHAW SERVICE: Provide direction
concerning a proposal by Mr. Aldo Cirelli to establish a non-mo-
torized pedi-cab and rickshaw operation in Delray Beach.
The City Manager stated that this issue was previously
discussed by the City Commission on February 18, 1997. At that
time the Commission deferred any action until other pending
issues with respect to the downtown had been looked at and
resolved. The valet parking issue remains unresolved. The
traffic study on the one-way pairs and other issues is in the
analysis phase and is expected to be received in a month or so.
The Parking Management Team has scheduled a town meeting for
September 25th to further discuss the various issues related to
the downtown area. Since Mr. Cirelli asked that the City again
consider this proposal, staff is seeking further direction from
the Commission about whether to do anything toward developing an
ordinance to regulate pedi-cabs or continue waiting until the
results of the traffic study and other studies which are underway
are received.
Mr. Egan stated that he felt the pedi-cab proposal is
something the City might want to entertain, but before doing so
he wanted to see the results of the Parking Management Team's
study as well as the one for traffic flow. He felt that an
ordinance would be needed since these types of things will
probably keep coming before the Commission as the City becomes
more and more popular, but that it would be best to wait until
the reports are ready for consideration.
It was the consensus of the Commission to defer action
on the request until the Parking Management Team's study is
complete as well as the traffic study commissioned by the City.
Mr. Egan so moved, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
9.B. RESOLUTION NO. 58-97 AND BID AWARDS FOR SUPPORT SERVIC-
ES: Consider approval of a resolution authorizing a sixth series
of Water and Sewer Revenue Bonds designated as Water and Sewer
Revenue Refunding Bonds, Series 1997 A, in the initial aggregate
principal amount of not exceeding $17,000,000 for the purpose of
advance refunding all or a portion of City's outstanding Water
and Sewer Revenue Bonds, Series 1991 B; and approve bid awards
for support services as recommended by Public Financial Manage-
ment, Inc.
The City Manager presented Resolution No. 58-97:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING
RESOLUTION NO. 39-88, AS AMENDED AND SUPPLE-
MENTED, FOR THE PURPOSE OF AUTHORIZING A
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SIXTH SERIES OF WATER AND SEWER REVENUE BONDS
DESIGNATED AS WATER AND SEWER REVENUE REFUND-
ING BONDS, SERIES 1997 A, IN THE INITIAL
AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
$17,000,000 FOR THE PURPOSE OF ADVANCE
REFUNDING ALL OR A PORTION OF THE CITY'S
OUTSTANDING WATER AND SEWER REVENUE BONDS,
SERIES 1991 B; PROVIDING FOR THE TERMS AND
PAYMENT FOR SAID BONDS; INCORPORATING BY
REFERENCE THE TERMS AND PROVISIONS OF RESOLU-
TION NO. 39-88, AS AMENDED AND SUPPLEMENTED;
PROVIDING FOR THE UNDERTAKING BY THE CITY
REQUIRED BY RULE 15c2-12 OF THE SECURITIES
AND EXCHANGE COMMISSION; PROVIDING FOR THE
RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS
OF SAID BONDS; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; PROVIDING
FOR CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 58-97 is on file
in the City Clerk's office.)
Joseph Safford, Finance Director, explained that the
intent is to refund a portion of a current bond issue (1991B
Water/Sewer Bonds) if and when the market allows the City to
achieve a net five percent (5%) savings. The refunding will only
be done if the net savings accruing to the City are 5% or more
(interest cost savings net of costs and fees). The resolution
authorizes the appropriate City officials to execute documents if
and when the market hits that 5% savings. The City Commission is
also being asked to approve bid awards for support services as
recommended by Public Financial Management, Inc., the City's
financial advisor. The awards are as follows: (1) Paying agent/
registrar/escrow agent services from The Bank of New York (BNY);
(2) financial printing services from Allied Printing; and (3)
verification services from KPMG Peat Marwick.
On question from Mr. Randolph, Mr. Safford stated that
there is no way to predict what course the market will take. It
could be any day or it could take months for the market to reach
the desired net savings. The point is to be ready if and when
the opportunity presents itself.
The City Manager noted that the bonds are outstanding
until 2010 and can only be refunded once. The City would not
want to refund them at a low savings level and miss an opportuni-
ty later to do a refunding. We want to do it when there is
enough of a savings to make it worthwhile because we only have
one opportunity to do it.
Mr. Ellingsworth moved to approve Resolution No. 58-97
subject to a five percent (5%) gain, seconded by Mr. Schmidt.
6 08/19/97
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
Mr. Schmidt moved to approve the bid awards for support
services as recommended by Public Financial Management, Inc.,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed
with a 5 to 0 vote.
9.C. SERVICE AUTHORIZATION ~4/HAZEN AND SAWYER: Consider
approval of Service Authorization #4 in the amount of $25,032 to
Hazen and Sawyer for consulting services related to the first
phase of an Inflow/Infiltration Study for the City's wastewater
system, with funding from 442-5178-536-61.84.
Richard Hasko, Acting Director of Environmental Servic-
es, explained that for the last few years the focus in terms of
leaky sewer systems has been on the barrier island because of the
salt water environment. A great deal of reconstruction and
rehabilitation has taken place on the barrier island over the
past four to five years and the chloride levels for the last year
or so have been pretty much under control. With that, the focus
is now shifting to the west side of the Intracoastal Waterway
because there are still a lot of leaky sewers on the west side
that are causing the City to pay for more treatment at the
treatment facility than needs to be paid. This service author-
ization to Hazen and Sawyer is the first planned effort on the
west side of the waterway and will encompass the older systems in
town from 1-95 to the Intracoastal Waterway and north/south to
the City limits. Hazen and Sawyer will be looking at about 43
lift station basins and will be making determinations as to where
the worst infiltration is and where the priorities need to be
based on severity of leakage for implementation of rehabilita-
tion.
Mr. Egan moved to approve Service Authorization #4 in
the amount of $25,032 to Hazen and Sawyer, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to
0 vote.
9.D. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/SIDEWALK ON
LAKE IDA ROAD: Consider approval of an interlocal agreement
between the City and Palm Beach County for the construction of a
sidewalk on the south side of Lake Ida Road, between Coral Way
and Davis Road. Estimated cost of $13,000 to be split 50%/50%,
with the City's share of $6,500 to be funded from
001-3113-541-63.11.
Robert A. Barcinski, Assistant City Manager, stated
that the interlocal agreement is for the installation of about
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579 feet of sidewalk along the south side of Lake Ida Road, just
west of Davis Road. It is in response to a citizen request that
this 'missing link' be constructed due to safety concerns for
children walking this route to get to Banyan Creek Elementary
School and Carver Middle School. In speaking to County staff
about the project, they indicated it was not on their priority
list but were willing to move forward with the interlocal agree-
ment if the City was willing to split the cost. However, the
interlocal agreement will not go to the County Commission for
approval until October and then will take another 60 to 90 days
to complete the project. In order to expedite installation of
the sidewalk, Mr. Barcinski asked that Commission authorize City
staff to move forward on the project, get the sidewalk installed
and then get reimbursed. He clarified that we would not start
the project until a commitment in writing to reimburse the City
for our share of the cost is received from Palm Beach County.
Mr. Randolph moved to approve the interlocal agreement
between the City and Palm Beach County for construction of
approximately 579 feet of sidewalk along Lake Ida Road and
authorize staff to proceed with the installation in order to
accelerate the project, subject to a commitment in writing from
the County to reimburse the City for its share of the cost,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9.E. AGREEMENTS FOR EMERGENCY/HURRICANE RESPONSE SERVICES:
Consider approval of the list of fourteen (14) firms for emergen-
cy and/or hurricane response services and authorize the execution
of continuing contracts with same.
Robert A. Barcinski, Assistant City Manager, stated
that staff is recommending that the City enter into agreements
with all of the firms listed for emergency and/or hurricane
response services which may require general contractors and/or
tree management services. While we cannot be assured of avail-
ability, agreements with the various vendors would lock in prices
for the services and equipment rental costs. It is anticipated
that next year the City will look into securing a 'turn key'
disaster management contract which would not only guarantee
pricing but also availability since the contractor would pool
resources from other sources outside the disaster area and assure
that the vendors would show up.
Mr. Egan moved to approve the list of fourteen (14)
firms for emergency and/or hurricane response services as listed
in the backup, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes.
Said motion passed with a 5 to 0 vote.
8 08/19/97
The City Attorney stated that the actual agreement
would be brought back to the Commission for approval.
9.F. BID AWARD TO ACRT, INC. ENVIRONMENTAL SPECIALISTS:
Consider the sole bid of ACRT, Inc. Environmental Specialists for
a park and street tree inventory and management plan, in the
amount of $16,050 from 334-4144-572-34.90.
The City Manager stated that the City received a grant
from the State Division of Forestry for the preparation of a tree
inventory and a tree care management plan. The bid was adver-
tised in July, 1997, and Purchasing sent quotation requests
directly to three companies specializing in this type of work.
Only one company, ACRT, Inc., responded with a proposal. In
checking out the firm, staff found that ACRT, Inc. has been a
leader in urban forestry services and has developed software
which will allow much greater information to be provided than the
City has with its current system. In view of this, staff recom-
mends that the Commission award the bid in the amount of
$16,050.00 to ACRT, Inc.
Mr. Schmidt moved to approve the bid award in the
amount of $16,050.00 to ACRT, Inc. for the preparation of a park
and street tree inventory and a tree care management plan,
seconded by by Mr. Egan. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph Yes. Said motion passed
with a 5 to 0 vote.
9.G. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
a member to the Planning and Zoning Board for a two year term
ending August 31, 1999. The appointment will be made by Commis-
sioner Randolph.
Mr. Randolph moved to reappoint Carolyn L. Young to the
Planning and Zoning Board for a two year term ending August 31,
1999, seconded by Mr. Schmidt. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint a member (architect/engineer) to the Site Plan
Review and Appearance Board for a two year term ending August 31,
1999. The appointment will be made by Mayor Alperin.
Mayor Alperin stated that he wished to appoint David
Martin (architect/engineer) to the Site Plan Review and Appear-
ance Board for a two year term ending August 31, 1999. Mr. Egan
so moved, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote°
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9.I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint a member to the Historic Preservation Board for a two
year term ending August 31, 1999. The appointment will be made
by Commissioner Ellingsworth.
Mr. Ellingsworth moved to appoint Tony Keller to the
Historic Preservation Board for a two year term ending August 31,
1999, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said
motion passed with a 5 to 0 vote.
9.J. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one
regular member and one alternate member to the Board of Adjust-
ment for two year terms ending August 31, 1999. The regular
member appointment will be made by Commissioner Randolph and the
alternate member appointment will be made by Commissioner Egan.
Mr. Randolph moved to reappoint Jess Sowards to the
Board of Adjustment as a regular member for a two year term
ending August 31, 1999, seconded by Mr. Schmidt. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
Mr. Egan moved to appoint Michael Goldman to the Board
of Adjustment as an alternate member for a two year term ending
August 31, 1999, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes. Said motion passed with a 5 to 0 vote.
9.K. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint two members to the Board of Construction Appeals for two
year terms ending August 31, 1999, as follows: architect (Mayor
Alperin's appointment) and master plumber (Commissioner Schmidt's
appointment).
Mayor Alperin stated that he wished to appoint Robert
G. Currie (architect) to the Board of Construction Appeals for a
two year term ending August 31, 1999. Mr. Ellingsworth so moved,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed
with a 5 to 0 vote.
Mr. Schmidt moved to appoint Russell A. Warren (master
plumber) to the Board of Construction Appeals for a two year term
ending August 31, 1999, seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
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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 comments made at the last meeting, the
City Manager stated that the City Clerk has scheduled the issue
of yard sales and their control for a future workshop meeting.
Concerning the comments about Boynton Beach's position
opposing House Bill 2121, the City Manager reported that the City
of Boynton Beach has not taken formal action. Their City Commis-
sion did have a workshop on August 4, 1997, at which School Board
member Paulette Burdick gave a status report on the proposed
Boynton Beach High School and the affects of HB 2121. The
potential ramifications of the legislation were discussed and the
Boynton Beach Commissioners and Chamber of Commerce members were
urged to contact the legislative delegation in an effort to have
the bill modified and to encourage a special legislative session
in the fall on schools and school funding. The City Manager
stated that his office has received a copy of HB 2121 and it is
available for anyone who is interested in reviewing it.
On the same subject, since Mayor A1perin had asked
about it in the Commission comments, the City Manager stated that
the Education Board will be reviewing HB 2121 at its September
8th meeting. The Education Board is hoping State Representative
Bill Andrews and Mr. Sello, the new Area I Superintendent, will
be able to attend that meeting to discuss the bill and what
impacts it will have on the City's schools. Depending on the
Board's understanding of the bill, a formal recommendation to the
City Commission will be voted on at that meeting or at their next
meeting on September 15, 1997. In either case, the Commission
should have a formal recommendation from the Education Board by
the September 23rd regular meeting.
11.B. From the Public.
11.B.1. Alice Finst, 707 Place Tavant, addressed the Commission
with respect to the Delray Beach Library's additional $300,000
funding request. Mrs. Finst asked how much the Library's request
would cost the taxpayers of the City if the Commission did plan
to fund the request, either as one lump sum or spread out over
several years? She felt there is a need to assist the Library
and asked if the Commission is entertaining the funding request
either in whole or in part?
Secondly, representing the Board of Directors of the
Homeowner's League of Chatelaine, Mrs. Finst expressed concern
about the condition of the streets in Chatelaine as well as the
general condition of streets and roads throughout the City. She
stated she has been asking for assistance with the roads in
Chatelaine for some eight years and now they are in deplorable
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condition. She asked how many streets in the City need to be
paved just to bring them up to a minimum acceptable standard,
what is the situation with streets that need resurfacing versus
rebuilding, and if there is any kind of account where there is
money available to take care of the City's roads and streets?
She felt the Commission has gone overboard to hold the tax rate
down and now the streets are not being paved in a timely fashion
and are deteriorating. Mrs. Finst asked if there is a list of
streets which need to be repaired and if Chatelaine's roads are
on this list? Further, she asked what it would cost to bring the
neglected streets up to an acceptable standard and how this
additional cost would affect her tax bill?
With respect to Mrs. Finst's comments concerning the
Library funding request, Mayor Alperin stated that the request is
for an additional $300,000 and this would be an annual increase
in their budget, not a one time thing. The City Manager stated
it will increase next year because the $300,000 includes some
positions that are only funded for part of the year, so it would
automatically go up again next year. The City Manager further
stated that the funding request equates to a one-quarter of a
mill increase.
Mrs. Finst then inquired about the schedule for the
budget hearings. The City Manager responded that a budget
workshop is scheduled for September 2nd and public hearings on
the budget are scheduled for September 9th and 23rd.
ll.B.2. Jerry Marshall, resident of Woodlake, endorsed the
Delray Beach Library's additional funding request and stated that
he would not be opposed to paying a 1/4 mill increase in his
taxes if that would help the Library to function at the level it
should be operating. Mr. Marshall felt that the Library is
important to the City not only from a cultural standpoint, but
also to the school children of Delray Beach.
ll.B.3. Samantha Cirelli, 40 Hendricks Isle #6, asked how long
it would take for the pedi-cabs issue to come back before the
Commission? The City Manager stated that it would probably be
within three months or so. Mayor Alperin suggested to Ms.
Cirelli that she stay in touch with the City Manager's office to
monitor this issue.
ll.B.4. Gerald DeFoe, 142 Mockingbird Lane, stated that Pro-
gressive Residents of Delray (PROD) urges the Mayor and City
Commissioners to seriously consider the Delray Beach Library's
additional funding request.
As for the issue of school overcrowding and concurren-
cy, Mr. DeFoe urged the Commission to join with other south
county municipalities to present a solid front in opposition to
House Bill 2121 and its impact on the Palm Beach County School
District.
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ll.B.5. Helen Coopersmith, 1222 South Drive Way, stated that
PROD (Progressive Residents of Delray) will be meeting in the
Commission Chambers at 2:00 p.m. on Thursday, August 21, 1997.
She invited anyone who might be interested to attend the meeting.
12. FIRST READINGS: None
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager updated the Commission on the continu-
ing efforts to make some more money available in the budget to
address some of the funding requests which have been received.
He reported that the City recently received some grant funds in
excess of what had been anticipated. Also, based on the July
1997 revenue reports for EMS transport fees, a higher amount
there can be projected. Combined with additional cuts to the
budget, there is now $340,000 available to the Commission. This
amount could be divided up any number of ways; for example,
$120,000 could go to the Library's additional request, $60,000
for Old School Square, $30,000 for Pineapple Grove, and the
millage could be reduced by five-hundredths (.05) of a mill.
Another example would be to give the Library $250,000 and not
reduce the millage, or any combination in between to address the
various needs and priorities as the Commission sees fit.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Mr. Randolph
On question from Mr. Randolph, the City Manager clari-
fied that Pineapple Grove has requested $30,000. If they do not
get it, they will go out of existence. Old School Square has
asked for a $60,000 increase to offset the interest they are
paying the City as well as lost revenue due to the discounts they
give to numerous non-profits that use their facilities. The
Library has requested a little over $300,000 in additional
funding. The Commission could give them $120,000 which may not
be the full amount requested, but would go a long way towards
developing the kind of library we would like to see in Delray
Beach.
13.C.2. Mr. Schmidt
Mr. Schmidt inquired about the status of the change in
the pick up of yard waste materials by BFI and when this change
would go into effect? The City Manager clarified that the
proposal was to have yard waste still picked up only one day a
week, but it would be a combined collection with a regular trash
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pickup. He stated that this change is supposed to start about
the 1st of September, but he would check with BFI since he had
not seen anything distributed by them about the change.
Mr. Randolph.commented that he has seen the trash pick
up truck in the northwest area for the last two Mondays and felt
that was an encouraging sign.
13.C.3. Mr. Eqan
Mr. Egan asked that the City follow through on enforc-
ing the maintenance of the newsracks. The agreement was that the
newspapers would maintain them. He noted that the newsrack at
northbound Federal Highway and 4th Avenue is peeling and the
paint is gone off the top of it.
Secondly, Mr. Egan complimented the Environmental
Services Department for having a crew respond so promptly to a
call made by his wife regarding a flood at their home. He was
extremely impressed by the efficiency of the line crews and felt
they should be acknowledged for doing an outstanding job.
13.C.4. Mayor Alperin
Mayor Alperin stated that if the Commission has not
already done so, appointments should be made with the City
Manager and the City Attorney to discuss their performance
evaluations. Mayor Alperin requested these items be scheduled
for the September 2nd budget workshop meeting.
With regard to the Community Policinq Exchange, Mayor
Alperin noted that the Police Department's volunteer program
received an entire page of recognition and pointed out that one
in fifty people in Delray Beach volunteer for the Police Depart-
ment.
At this point, the City Manager stated that at the
Roots Festival Prayer Breakfast he received Certificates of
Appreciation from the Roots Cultural Festival Committee for the
City's support. He distributed the Certificates of Appreciation
to those Commission members who were unable to attend.
At this point, the time being 7:00 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 30-97 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending Section 4.4.19, "Mixed Industrial
and Commercial (MIC) District", of the Land Development Regula-
tions to clarify the intended goal of the district and to modify
the allowable principal and conditional uses within the zoning
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district. If passed, a second public hearing will be scheduled
for September 9, 1997.
The City Manager presented Ordinance No. 30-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMER-
CIAL (MIC) DISTRICT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY
AMENDING SUBSECTION 4.4.19(A), "PURPOSE AND
INTENT", TO CLARIFY THE INTENDED GOAL OF THE
DISTRICT; AMENDING SUBSECTION 4.4.19(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED",
AND SUBSECTION 4.4.19(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED", TO MODIFY THE
ALLOWABLE USES WITHIN THE MIXED INDUSTRIAL
AND COMMERCIAL DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 30-97 is on file in the Official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Diane Dominguez, Planning Director, explained that the
item before the Commission is for approval of amendments to those
sections of the Mixed Industrial and Commercial (MIC) zoning
district regulations dealing with permitted and conditional uses.
Ms. Dominguez briefly summarized the main changes of the proposed
amendments. These are as follows:
1. The current regulations limit office uses to 25% of
total floor area. The amendment would delete that limitation
altogether, and broaden the types of office uses allowed.
2. The amendment creates two classes of conditional uses:
those that are permitted throughout the district; and those that
can only be established on properties that do not front on an
arterial road (i.e. Congress Ave., Linton Blvd., Atlantic Ave.).
The intent of this is to relegate those uses that tend to have a
significant outside storage component to less visible locations.
3. Automobile and boat repair are changed from permitted
to conditional uses.
4. Resource recovery facilities such as recycling sta-
tions, transfer stations, etc., will no longer be permitted in
the district.
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At this point, Mayor Alperin opened the floor for
public comment.
John Krane, 217 Beverly Drive, asked for clarification
about how this would affect business in the Traffic Concurrency
Exception Area (TCEA) as far as competing businesses in the
downtown area. He feels that 100% unlimited office space would
create a different traffic flow and although he is not opposed to
seeing 50% office space , he feels that unlimited office space
would not be a good idea.
Helen Coopersmith, 1222 South Drive Way, supports
unlimited office space and feels the proposed ordinance is good
for the City.
Mayor Alperin closed the public hearing.
Discussion by the Commission ensued.
Mr. Ellingsworth asked if dry cleaning is allowed in
the General Commercial (GC) District? In response, Ms. Dominguez
stated this would allow for a dry cleaning plant other than just
a pick up station. Further, Ms. Dominguez stated that the use of
a dry cleaning facility is allowed in the Central Business (CBD)
District and she believes there are some dry cleaning establish-
ments located in the General Commercial (GC) District.
With regard to conditional uses and the structures that
are permitted, Mr. Randolph inquired as to what would happen to
the lumberyard fronting Atlantic Avenue if it were to go up in
flames? In response, Ms. Dominguez stated that continues to be a
conditional use and is allowed throughout the district.
Mr. Schmidt stated that he would disagree with staff's
position that lumberyards are self contained inside. He comment-
ed that he has never seen a lumberyard where the storage is
located inside and not outside. Mr. Schmidt stated he would like
to see this go to non-arterial. Ms. Dominguez stated then the
lumberyard would have to be made non-conforming.
Mayor Alperin asked if there is a minimum size require-
ment for property in the Mixed Industrial and Commercial (MIC)
District. In limiting the properties of certain uses fronting
arterial roadways, is it conceivable that one could subdivide
that property and put a 25 foot strip across the arterial and put
behind it that particular use since it would no longer be front-
ing? In response, Ms. Dominguez stated that there is no minimum
lot size and one would have to have access.
Mayor Alperin suggested that this may be more readily
resolved with a setback for the conditional uses listed on page 4
of the ordinance (Items 2(a), (b), and (c) and l(b) Lumberyard).
He feels one could easily confuse the intent to this by subdivid-
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ing and not utilizing the front property and still end up front-
ing an arterial roadway.
Mayor Alperin stated he would like Items 2(a), 2(b),
2(c), and l(b) of Ordinance No. 30-97 looked over more closely.
Mr. Egan moved to send back Ordinance No. 30-97 to
staff to see if the above referenced items can be resolved,
seconded by Mr. Randolph.
Mr. Ellingsworth inquired as to whether or not someone
could use a facility that is zoned Community Facilities (CF) as a
reuse facility. Ms. Dominguez stated that every facility that is
zoned Community Facilities (CF) is either a public use, a church,
or community center. She stated that she does not know what the
viability would be long term for all the community facility uses,
but it would certainly have to meet a lot of criteria.
After discussion, Mayor Alperin stated that at this
point the appropriate thing to do would be to withdraw Mr.
Randolph's second in motion, and make a new motion to deny
Ordinance No. 30-97.
Mr. Egan moved to deny Ordinance No. 30-97 with direc-
tion to staff to bring back as soon as possible for reconsidera-
tion of Items 2(a), (b), (c) and l(b), seconded by Mr. Elling-
sworth. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes. Said motion to deny passed with a
5 to 0 vote.
10.B. ORDINANCE NO. 31-97 (FIRST READING/FIRST PUBLIC HEAR-
ING): An ordinance amending LDR Section 4.4.20, "Industrial (I)
District", by deleting resource recovery facilities as an allow-
able use; amending Section 4.4.21, "Community Facilities {CF)
District", by adding resource recovery facilities as an allowable
use; and amending Section 4.3.3(Z), "Resource Recovery or Waste
Management Facilities", to provide that such uses shall only be
allowed upon land that is zoned Community Facilities District
with an underlying Future Land Use Map designation of Community
Facilities. If passed, a second public hearing will be scheduled
for September 9, 1997.
The City Manager presented Ordinance No. 31-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT" OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, BY AMENDING SUBSECTION
4.4.20(D), "CONDITIONAL USES AND STRUCTURES
PERMITTED", BY DELETING RESOURCE RECOVERY
FACILITIES AS AN ALLOWABLE USE; AMENDING
SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
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DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL
USES AND STRUCTURES PERMITTED", BY ADDING
RESOURCE RECOVERY FACILITIES AS AN ALLOWABLE
USE; AMENDING SECTION 4.3.3, "SPECIAL RE-
QUIREMENTS FOR SPECIFIC USES", SUBSECTION
4.3.3(Z), "RESOURCE RECOVERY OR WASTE MANAGE-
MENT FACILITIES',, TO PROVIDE THAT SUCH USES
SHALL ONLY BE ALLOWED UPON LAND THAT IS ZONED
COMMUNITY FACILITIES DISTRICT WITH AN UNDER-
LYING FUTURE LAND USE MAP DESIGNATION OF
COMMUNITY FACILITIES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 31-97 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance.
public hearing was held having been legally advertised in compli~
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Diane Dominguez, Planning Director, stated that this
ordinance amends LDR Section 4.4.20, "Industrial (I) District,,,
by deleting resource recovery facilities as an allowable use,
amends Section 4.4.21, "Community Facilities (CF) District',, by
adding resource recovery facilities as an allowable use, and
amends Section 4.3.3(Z), "Resource Recovery or Waste Management
Facilities,,, to provide that such uses shall only be allowed upon
land that is zoned Community Facilities District with an underly-
ing Future Land Use Map designation of Community Facilities.
In 1996, the Palm Beach County Solid Waste Authority
submitted a conditional use application to establish a regional
recycling transfer station on a Mixed Industrial and Commercial
(MIC) - zoned site on Congress Avenue.
The conditional use application was denied in June of
1996, and in a subsequent meeting the Commission directed staff
to again review the allowable uses in the MIC district. One of
the main objectives of the review was to determine whether or not
a resource recovery facility should continue to be permitted in
the MIC district and, if not, to determine in which districts it
would be appropriate. The Planning and Zoning Board considered
the amendments at a public hearing on July 21, 1997 and voted
unanimously to recommend approval. '
Mayor Alperin opened the public hearing. There being
no one who wished to speak on this item, Mayor Alperin closed the
public hearing.
Mr. Ellingsworth moved to approve Ordinance No. 31-97
on First Reading and First Public Hearing, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
08/19/97
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0
vote.
Prior to the vote, Mayor Alperin commented that there
is one piece of land zoned Community Facilities (CF) located on
Military Trail that is now a church but looks to be a large
enough site for a regional recycling transfer station. Ms.
Dominguez stated if Palm Beach County were to find that this is
the ideal location for a transfer station, they would still have
to go through a conditional use process. Potential impacts of a
regional resource recovery facility include noise, odor, heavy
truck traffic, and visual impacts related to the outside storage
of inventory and materials. As a conditional use in either the
MIC or Industrial zoning districts, the City has limited ability
to restrict or deny the establishment of a facility. Ms. Domin-
guez stated this is a major compatibility issue and she does not
see how the County could ever make a finding that would find this
to be compatible. With regard to every Community Facilities (CF)
District, Mayor Alperin asked for confidence from Ms. Dominguez
before the 2nd Reading of this ordinance on September 9th, that
the City is indeed protected.
9.L. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.
286.011(8) re: Tate v. City of Delray Beach and Lake Worth
Drainage District.
Attendees: Mayor Jay Alperin
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner Kevin Egan
Commissioner David Schmidt
City Manager David T. Harden
City Attorney Susan A. Ruby
Assistant City Attorney David Tolces
Bill Doney, Esquire
A certified court reporter
Purpose: Discuss settlement negotiations and
strategy related to litigation
expenditures in the referenced case.
Mayor Alperin stated the following:
"The City has scheduled a closed attorney-client
session pursuant to Florida Statutes Section 286.011(8) in the
case of Stanley Tate vs. the City of Delray Beach and Lake Worth
Drainage District. The estimated length of the closed session
shall be 30 minutes. The following persons will be attending:
Mayor Jay Alperin, Commissioners Ken Ellingsworth, David Ran-
dolph, Kevin Egan, David Schmidt, City Manager David Harden, City
Attorney Susan Ruby, Assistant City Attorney David Tolces, Bill
Doney, lawyer for the City, and a certified court reporter°"
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At this point, the time being 7:30 p.m., the Commission
adjourned for the closed attorney/client session pursuant to F.S.
286.011(8) .
At the end of the closed attorney/client session, the
time being 8:20 p.m., the Commission reconvened and continued
with Item 9.M.
9.M. RESOLUTION NO. 63-97: Consider approval of a resolu-
tion authorizing the filing of eminent domain proceedings as
required by the Final Judgment in the case of Stanley G. Tate,
Trustee, v. City of Delray Beach and the Lake Worth Drainage
District.
The City Manager presented Resolution No. 63-97:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE FILING OF EMINENT DOMAIN PROCEEDINGS AS
REQUIRED BY A FINAL JUDGMENT IN THE CASE
STYLED STANLEY G. TATE, TRUSTEE VS. CITY OF
DELRAY BEACH, FLORIDA, AND THE LAKE WORTH
DRAINAGE DISTRICT; PROVIDING A CONFLICT
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
(Copy of Resolution No. 63-97 is on file in the offi-
cial Resolution Book)
Mr. Egan moved to approve Resolution No. 63-97, second-
ed by Ellingsworth. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:22 P.M.
City Cl~rk
ATTEST:
-20- 08/19/97
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 August 19,
1997, which minutes were formally approved and adopted by the
City Commission on ~,~_./f~ 9i /997
~City Cl~k 7
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.
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