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02-27-90 FEBRUARY 27, 1990 A Regular Meeting of the City Commission of'the City of Delray Beach, Florida, was called to Order by Vice-Mayor Mary McCarty in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, February 27, 1990. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived '7:10 P.M.) Absent - None Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A~ Thiele. 2. The opening prayer was delivered by Reverend Michael Castronis, Associate Pastor of The First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Vice-Mayor McCarty requested item 23 be pulled from the consent agenda and added to the end of the regular agenda. Ms. Brainerd moved to approve the agenda as modified, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 5. Ms. Brainerd moved to' approve the Regular Meeting minutes of February 13, 1990r seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 .vote. 6. Proclamations: A. Vice-Mayor McCarty read and presented a proclamation proclaiming March - 1990 as "Red Cross Month" and asked the residents of the City of Delray Beach to donate their time and resources to support the Red Cross activities. 7. Presentation. A. Presenta%ion by the City's Legislative Consultant, Kathy Daley, re. 1990 Legislative Agenda. Kathy Dale¥ stated that on Page 1 of the agenda the date of June 1 is tentative pending completion of the work in 60 days. 1. Beach Renourishment Project. This project has been done for the last 'sixteen (16) years, and this year they will be asking for $2,000,000 which is just State funding. Federal funding comes to $3.4 million dollars and local funding comes to $900,000. Mr. Weatherspoon asked when the City is due for another Renourishment Project. Ms. Daley stated the City is due this year and will hopefully get it done pending Federal money. The City is eventually looking at doing it every eight (8) years instead of every five (5) years. 2. Historic Preservation/Old School Square. If they can obtain the $400,00 grant which has been recommended by the Secretary of State, this will be the final year they can go back to this source. According to the State we can only go to this special category grant 1/3 of the total project. The next grant of $200,000 comes from cultural facilities which is also from the Secretary of State's Office. 3. General Bills. A~. State Mandates. They ·will continue to support legis- lation to prohibit unfunded mandates on local government. B. Taxation. One of their main issues will be a local option sales tax approved by the County Commission, super majority, rather than through a referendum. They would like to do the same thing with the gas tax to be used for needed transportation improvements. C. Occupational License Tax. They would like State authority to restructure our occupational license tax to have it done the way the City would like it. D. The Local Option Interim Proprietary and General Services Fee Act. At the time a Certificate of Occupancy is issued, the City can provide police and fire protection until the property appears on the tax roll for Ad Valorum tax. This is optional and can be done by Ordinance. E. Criminal Justice. This is to monitor and support House Bill 293 by'"Representative Kelly which will allow Code Enforcement Agents to go under the same auspices as police officers. If there is a violent offense against them, then penalties will be the same as for attacking a police officer. Under Beach Renourishment there was a task force put together by the Governor this year in which they tried to come up with a dedi- cated funding source strictly for beach renourishment. Mayor Campbell is on that Task Force. Their recommendation is an increase in the documentary stamp tax to do beach renourishment and beach acquisition. They would like the Legislature to be informed that they would like to endorse any kind of a beach funding source for the future. At this time it comes out of the General Revenue, but they are trying to get one fee set up just for beaches. They would also like to support legislation which would provide increased State research funding to improve local waste disposal and recycling technology. F. Home Rule. They would like. to support-Legislation which exempts municipal facilities, activities and programs from State child care which will exempt the City from HRS licensing so the City can continue our after school program and not come under their guidelines. They 'also oppose any. legislation that intrudes' on the ability of municipalities to manage local affairs in accordance with the wishes of their citizens. This prevents ahy legislation from mandating local government from doing anything which is not in accordance with what their citizens want. · G. Community Development. This is House Bill 233 by Representative .Logan which creates the Florida Urban Development Loan Act. This act provides for funding so local governments with private enterprise can go into the State, ask for a loan and redevelop their community. It is for urban areas only and the amount is to be deter- mined. H. Support, in Concept, the 199..0 Legislative Platform of the Florida League of Cities. This was adopted at the beginning of February when everyone was in attendance in Tallahassee. Ms. Daley stated she received a letter from the Interim City Manager on behalf of Chief Koen and the Fire Department regarding the State opting from the program of labeling trains or trucks transporting hazardous waste. The Fire Department and Fire Chiefs Association have gotten together to try to force the State to label again and also get Federal funding to educate our fire fighters as to how to deal with hazardous waste. Representative Hanson of Boca Raton is going to investigate why the State opted out of the program and is going to draw -2- 2/27/90 up legislation. When the legislation is received, Ms. Daley will forward it to the Commission so they can review the contents and make their decision. 'The Interim City Manager stated, for clarification, this is material that moves through the City not on the Interstate Highway, but in trains, rail cars and barge traffic. At this time Mayor Campbell arrived and took the chair. B. Community Appearance Board's Certificate of Excellence in Design, Historic Preservation Category, to Cason Cottage. Joann Peart, President of the Delray Beach Historical Society accepted the award on behalf of The Society, and Kim' Tiernan and Gay Tews, Restoration Chairs. Ms. Peart thanked the Mayor and the Commis- sion for the support that made C%son Cottage possible. Ms. Peart stated they have also received a State Restoration Award from the State of Florida, three critically acclaimed exhibits, wonderful reviews from the Palm Beach Post, the Sun Sentinel, and Beth Dunlap of the Miami Herald. An invitation was extended by Ms. Peart for everyone to attend the Society's Legend Exhibit brunch, opening April 1st at the Old Colony Hotel. C. Resolution No. 24-90: A Resolution commending James Melvin Pendergrass for his 18 1/2 years of dedicated service as an employee with the City of Delray Beach, is before the Commission for considera- tion. The City Manager presented Resolution No. 24-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JAMES MELVIN PENDERGRASS FOR 18 1/2 YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 24-90 is on file in the official Resolution Book) Carol Pendergrass came forward to accept the Resolution on behalf of her father. Mayor Campbell stated there would be a deviation from the agenda and he recognized the City Attorney. The City Attorney stated he has recently been offered the position of the new Leon County Attorney in Tallahassee and would like to say, both formally and on the record, that he has accepted the position. His last day with the City of Delray Beach will be April 27, 1990,' and he will assume his new position on April 30, 1990. He thanked everyone for the support he has been shown and wished everyone well. PUBLIC HEARINGS 8. Ordinance No.3-90: Ordinance No. 3-90, amending the Code of Ordinances by enacting a new subchapter "Sidewalk Cafes" which provides the criteria for application, permitting procedures and fees for side- walk cafes in the Central Business District (CBD), is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 3-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, GENERAL REGULATIONS", CHAPTER 102, "STREETS AND SIDEWALKS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBCHAPTER, "SIDEWALK CAFES" AND ENACTING A NEW SECTION 102.60, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS; BY ENACTING A NEW SECTION 102.61, "PERMIT REQUIRED", TO PROVIDE FOR PERMITTING OF SIDEWALK CAFES; -3- 2/27/90 BY ENACTING A NEW SECTION 102.62, "PERMIT FEES", TO PROVIDE ~FOR A PERMIT FEE OF FIFTY ($50) DOLLARS PER YEAR TO BE PAID CONCURRENT WITH THE RENEWAL OF AN OCCUPATIONAL LICENSE; BY ENACTING SECTION 102.63, "PERMIT SUBMISSION REQUIREMENTS", TO PROVIDE FOR SUBMISSION OF PROOF OF AN .OCCUPATIONAL LICENSE, CERTAIN SITE PLAN REQUIREMENTS, PROOF OF INSURANCE AND HOLD-HARMLESS AGREEMENTS AT THE TIME OF APPLICATION FOR A PERMIT; BY ENACTING SECTION 102.64, "PROCESSING OF APPLICATION", TO PROVIDE FOR REVIEW BY THE CITY ENGINEER AND TECHNICAL ADVISORY COMMITTEE AND THE IMPOSITION OF RESTRICTIONS AND CONDI- TIONS; BY ENACTING SECTIQN 102.65, "GEOGRAPHIC LIMITA- TION'', TO PROVIDE THAT PERMITS SHALL BE ISSUED IN THE CENTRAL BUSINESS DISTRICT (CBD) ONLY; BY ENACTING SECTION 102.66, "REGULATIONS GOVERNING THE USE, DESIGN AND MAINTENANCE OF SIDEWALK CAFES", TO PROVIDE FOR LOCATIONAL REQUIREMENTS, SIGNAGE, THE SERVING OF ALCOHOLIC BE~ERAG- ES, HOURS OF OPERATION, APPEARANCE, AND SAFETY .RESTRIC- TIONS", BY ENACTING SECTION 102.67, "LIABILITY AND INSURANCE", TO PROVIDE SPECIFICS ON INSURANCE, HOLD HARMLESS AND INDEMNIFICATION REQUIREMENTS; BY ENACTING SECTION 102.68., "DENIAL, REVOCATION OR SUSPENSION OF PERMIT; REMOVAL AND STORAGE FEES; CONCURRENT JURISDICTION OF CODE ENFORCEMENT BOARD", TO PROVIDE FOR SUSPENSION, DENIAL, OR REVOCATION OF A PERMIT BY THE CITY MANAGER OR HIS/HER DESIGNEE UPON NOTICE IN NON-EMERGENCY SITUATIONS; TO PROVIDE FOR REMOVAL AND STORAGE FEES IF THE PERMITEE FAILS TO REMOVE THE VESTIGES OF THE SIDEWALK CAFE, TO PROVIDE THAT APPEALS OF THE ORDER OF THE CITY MANAGER ARE TO THE CITY COMMISSION, TO PROVIDE THE CODE ENFORCEMENT BOARD WITH CONCURRENT JURISDICTION BUT ONLY TO MAKE FINDINGS OF GUILT AND TO ASSESS FINES FOR~NONCOMPLIANCE; BY ENACTING SECTION 102.69, "APPEALS", TO PROVIDE THAT APPEALS OF. AN ORDER OF THE CITY MANAGER OR HIS/HER DESIGNEE SHALL BE TO THE CITY COMMISSION AND APPEALS FROM THE CODE ENFORCEMENT BOARD SHALL BE TO THE CIRCUIT COURT, TO PROVIDE FOR NOTICE AND TIME FOR THE APPEAL, TO PROVIDE THAT FILING AN APPEAL SHALL NOT STAY THE ORDER OF THE CITY MANAGER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING _AN EFFECTIVE DATE. (Copy of Ordinance No. 3-90 is on file in the official Ordin- ance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Ro~ Simon, Chairman of the Downtown Development Authority, stated there was a grammatical error in one of the paragraphs. In 102.61, the next to last sentence reads "No permit shall issue until"; it should read "No permits shall be issued".~ Mr. Simon stated he appreciated the changes made to the ordinance and recommended approval. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 3-90 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 4-90. Ordinance No. 4-90, an ordinance prohibit- ing the consumption of alcoholic beverages in public places, is before the Commission for consideration on Second and Final Reading. 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 Interim City Manager presented Ordinance No. 4-90: -4- 2/27/90 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 11, "BUSINESS REGULATIONS, CHAPTER 113, "ALCOHOLIC BEVERAGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 113.02, "CONSUMPTION PROHIBITED IN PUBLIC PLAC- ES'', BY ENACTING A NEW SECTION 113.02, "PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES; PROVIDING THAT IT SHOULD BE ILLEGAL TO CONSUME ALCOHOL IN PUBLIC PLACES; PROVIDING EXCEPTIONS THERETO; PROVIDING THAT THE CITY MANAGER MAY GRANT WAIVERS THERETO AND PROVIDING AN APPEAL TO THE CITY COMMISSION OF THE CITY MANAGER'S DENIAL OF A WAIVER REQUEST; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVID- ING AN EFFECTIVE DATE. (Copy of Ordinance No. 4-90 is on file in the official 'Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 4-90 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. M¢Carty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed~with a 4 to 1 vote. 10. Ordinance No. 5-90. Ordinance No. 5-90, correcting the Zoning Map to show appropriate zoning of GC (General Commercial) District instead of RM-10 (Multiple Family Dwelling) District for property commonly known as the 8th Street Market located at the northeast corner of N.E. 8th Avenue and N.E. 8th Street, is before the Commission for consideration on Second and Final Reading. 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 Interim City Manager presented Ordinance No. 5-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LYING AND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND IS LOCATED AT THE NORTH- EAST CORNER OF N.E. 8TH STREET AND N.E. 8TH AVENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 5-90 is on file in the official Ordin- ance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Sam Fisher, owner of 8th Street Market, stated that in the ordinance the location of the property is incorrectly noted as being at the northeast corner of N.E. 8th Street and N.E. 8th Avenue; the correct location is the northeast corner of N.E. 8th Street and N.E. 9th Avenue. The City Attorney stated that the caption of the ordinance had been advertised with N.E. 8th Avenue and that it would have to be readvertised for second reading. He recommended that the ordinance be adopted on first reading with the amended caption to reflect the loca- tion as the northeast corner of N.E. 8th Street and N.E. 9th Avenue. The public hearing was closed. -5- 2/27/90 Ms. 'Brainerd moved for the adoption of Ordinance No. 5-90 on First Reading'as amended, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell requested Mr. Kovacs, Planning Director, to report back whether it might not be equally as permissive with regard to the use of the applicant to have an LC or NC District. He felt a GC on 8th Street would permit gas stations and fast food stores which is not what we would like to see on 8th Street. The City Attorney said that would be fine; 'however it would have to be treated as a complete rezoning because their position is that the property is currently zoned GC. There was a scrivener's error in the actual making up of the map to show what the property's designations were. If the Commission would like to go to LC or NC it will need to be instituted as a rezoning request because it has not been advertised as a rezoning. Mayor Campbell suggested waiting until next Tuesday's workshop to receive the memo back from the Planning Department to see which direction the City might want to go. At this point the roll was called to the motion. 11. Ordinance No. 6-90. Ordinance No. 6-90, amending the City Code to provide for expansion of the scope of equity investments that the Police and Firefighters Pension Board can make, is before the Commission for consideration on Second and Final Reading. 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 Interim City Manager presented Ordinance No. 6-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAy BEACH, FLORIDA, BY AMENDING SECTION 33.66, "FI- NANCES AND FUND MANAGEMENT", SUBSECTION (E) (2), DELETING SUBPARAGRAPHS (b) AND (c), DELETING THE PROVISION THAT A CORPORATION IN WHICH PENSION FUND ASSETS ARE INVESTED MUST HAVE PAID CASH DIVIDENDS FOR A PERIOD OF SEVEN FISCAL YEARS PRECEDING THE DATE OF ACQUISITION; DELETING PROVISIONS CONCERNING THE ANNUAL EARNINGS OF SUCH CORPOR- ATIONS; DELETING THE PROHIBITION ON INVESTMENTS IN WHICH ANY INTEREST OBLIGATIONS ARE OR HAVE BEEN IN DEFAULT DURING THE PRECEDING FIVE YEARS; AND RENUMBERING SUBPARA- GRAPH (d) AS.SUBPARAGRAPH (b), AND AMENDING SAID SUBPARA-~ GRAPH TO PROVIDE THAT THE AGGREGATE INVESTMENT IN COMMON OR CAPITAL STOCK IN ANY ONE COMPANY SHALL NOT EXCEED 5% OF THE OUTSTANDING COMMON OR CAPITAL STOCK OF THAT COMPANY; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 6-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance 6-90 on Second and Final Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENTS -6- 2/27/90 12.1. Elizabeth Matthews,. 1024 White Drive, spoke regarding water sprinkling regulations. Some time ago, one of the three water lines which serviced the area east of the Intracoastal became inoperable and was not repaired because the supply of water was adequate. At the present, because of the regulations, the water pressure drops very sharply between the hours of 4:00 A.M. and 8.:00 A.M. and doesn't allow coverage for sprinklers or the pop-ups, She is requesting the Commis- sion to consider expanding the hours of sprinkling allowed. Mayor Campbell directed the Interim City Manager to look into the matter and get back to the Commission. 12.2. Richard Eckerle, resident of Woodlake, spoke regarding an article which appeared on Saturday in the Business section of the Delray News. He implied that the Chamber of Commerce is trying, through DELPAC, gifts, and paid advertisements, to back a slate of candiates for the City Commission. He tried to reach Wayne Edsel, Editor of the newspaper, but Mr. Edsel would not return the call. He strongly feels the time has come for the Delray Beach Chamber of Commerce and the Delray News to stay out of politics and serve the functions that they have organized. 12.3. Virginia Schmidt, resident of High Point of Delray, commented on the City's impending loss of Herb Thiele as City Attorney. She wished to congratulate Herb Thiele on his new position and offered her condo- lences to the City, staff, and residents of Delray Beach. Ms. Schmidt stated the County serves 200,000 residents and the seven County Commis- sioners unanimously selected Herb Thiele to do precisely that which he has done for Delray Beach; namely to develop for the County an in-home legal service. She feels it is a shame that our City attorney has to go elsewhere for his work to be recognized and appreciated. REGULAR AGENDA 13. Landscape Plan for North Federal Highway. The Commission is to consider approving proposed landscape plan for North Federal Highway (between N.E. 8th Street and Gulfstream Boulevard} in an approximate amount of $140,000 with funding from 1987 Utility Tax Federal Highway Linton to North End (Account No. 333-4141-572-61.27). Approval is recommended. Ms. Brainerd moved to approve the landscape plan for North Federal Highway, seconded by Ms. McCarty. UPon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Nancy Davila, Horticulturist/Special Projects Coordinator, gave a slide presentation for the area that is proposed to be improved.' At this point the roll was called to the motion. 14. Change Order No. 1 Linton/I-95 Landscaping. The Commission is to consider approving Change Order No. I increasing the contract amount by $11,219.50 to replace Black Olive trees which died in the freeze and for additional sod covering. Funding is available in 1987 Utility Tax Beautification Surplus Fund (Account No. 119-0000-301-19.00). Approval is recommended° Ms. Brainerd moved to approve Change Order No. 1, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Andrews asked Ms. Davila why this decision was established in the winter as opposed to the spring or summer. Ms. Davila stated trying to schedule a project for a specific month or date does not happen; there is too much to be approved. -7- 2/27/90 At this point the roll was called to the motion. 15. Change Order No. 2 - West Atlantic Avenue/I-95 Interchange. The Commission is to consider approving Change Order No. 2 in the amount of $16,925 for the replacement and change out of freeze damaged plant materials. Replacement materials include: 18 Nerium Oleander Standards ($1,620); 33 Black Olive Trees ($4,290); 1,105 Myrsine guianensis ($8,840); five Pink Tabebuia ($675); and two Jacaranda Trees ($300). Funding is available in 1987 Utility Tax Federal Highway Linton to North End (Account No. 333-4141-572-61.27). Approval is recommended. Ms. Brainerd moved to approve Change Order No. 2, seconded by' Ms. McCarty, Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Renewal of the City's Group Health Plan. The Commission is to consider renewing the City's Group Health Plan with American General Group Insurance Company with new rates as recommended by staff. Approv- al is recommended. Ms. McCarty moved to approve the renewal of the City's Health Plan; seconded~ by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty questioned whether or not this matter is for employee negotiation, or a benefit package that is being affected, and how it will be paid. She also asked what source the City's share will come from. The Interim City Manager stated that with regard to the employ- ees, the cost will be paid' by the City and the employees' dependent payments will be by payroll deduction. The source of funds will come from the General Revenue. He stated they are self-insured and the new plan is the most cost effective way to go. The increases were antici- pated during the budget process. Ms. McCarty stated she would like to approve the renewal of the health plan, but would like to have a more complete analysis of the options available to them. At this point the roll was called to the motion. 17. Extension of Contract. The Commission is to consider a 'request from. David and Sheila Turner .for an extension until March 30, 1990 for closing on the Adult Bookstore property. Approval is recommended. Mr. Weatherspoon moved to the approve ~he~extension of contract on the adult bookstore; seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; ~Mayor Campbell - Yes. Said · motion passed with a 5 to 0 vote. 18. Selection of Bond Counsel for Public Utilities Revenue Bond Issue. The Commission is to consider reviewing proposals received and select bond counsel for the Public Utilities Revenue Bond Issue. Ms. Brainerd moved to retain the firm of Mudge, Rose, Guthrie, Alexander & Ferdon, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned to what extent, if any, a chosen bond counsel would affect the rating that the City obtains and what effect there would be if the City changed to another bond counsel. -8- 2/27/90 The City Attorney stated that a firm not involved in public finance would not necessarily hurt the City; however, a firm that has had a long track record of involvement in public finance would not necessarily be a benefit to the City's rating. Mayor Campbell opened discussion to the public. Howard Weiss, representing the law firm of Weiss and Handl'er spoke on behalf of the Greenberg, Trauig firm whose senior partner, Mr. Howard Wittaker, had submitted an application for bond counsel. Weiss and Handler proposed to serve as co-bond counsel with that firm. Mr.-. Howard Wittaker was not advised of the meeting this evening, nor was he interviewed in any capacity. Mr. Weiss felt it was incumbent upon the Commission, and in the best interest of Delray, to interview, as the selection of bond counsel has a tremendous impact on the City's rating. Mike Caruso, resident of Delray Beach, stated he feels the decision making that has been done has been very political as opposed to the best interest of the City. He feels competitive bidding should be brought to the selection process, not only the bond house, but the bond counsel, and would like to see more of that done in the City Commission. For the record, Mr. Weatherspoon Commented the key issue is to support City business by local vendors as opposed to going out of the County, City or State. The Interim City Manager commented that the recommendation of Mr. Huddleston and the financial advisor strongly supports the City Attorney's conclusion. No further discussion being presented, Mayor Campbell c. losed discussion to the public. At this point the roll was called to the motion. 19. Waiver of Definition of Family. The Commission is to consider two requests for waiver of Chapter 173, Section 173.001, Section 2 regarding definition of family. Lula Butler, Director, Community Improvement, stated the violation in Case No. 1 is by one person who is a minor and a student at Atlantic High School. As the head of the household is out of town, Staff does not have a problem if the Commission would like to waive this request. Ms. Brainerd asked Ms. Butler why the appeal is coming from the student and what the status of the other sister is. Ms. Butler responded by saying the issue moved there in order to attend Atlantic High School, the other sister is a family member who has resided there for some time. Mr. Wea.therspoon moved to approve the waiver of definition of family, Case No. 1. Said motion failed for lack of a second. Ms~ Butler stated the second case consists of three (3) adult members and the family has~ requested sympathy because of financial hardship. Ms. Brainerd moved denial of the request, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 20. Request from Community Redevelopment Agency to Hire Planner. The Commission is to consider a proposal that the City hire a planner to revise the current Community Redevelopment Plan (CRP) with the CRA paying for salary and compensation costs. Ms. Brainerd moved to approve the CRA to hire a planner to be housed, managed and funded by the CRA, not the City, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Before roll call the following discussion was had: -9- 2/27/90 Mr. Andrews stated the Comprehensive Plan addresses a working relationship between the CRA and the City Commission. Mr. Weatherspoon stated the CRA is an autonomous body. They have their own source of revenue funding but that has nothing to do with our relationship to work together. The Commission does not want to carry the burden of hirinq a planner for the CRA to supervise. Mr. Andrews stated funds should be monitored no matter what the account, but in this case the CRA is being forced to pay approximately three (3) times the value of the service that could be afforded through the hiring and better working relationship of the City. Ms. McCarty stated the assumption is that it was the CRA's intention to pay for the employee. The person that would be hired would answer to our Planning Director and be supervised by him, with the actual salary and benefits coming f~om the CRA. She feels that would help coordinate issues and keep the lines of communication open. Ms. Brainerd stated her motion was based on a potentially, extremely murky line management situation. At this point the roll was called to the motion. Mayor Campbell felt the motion should be reiterated. The Interim City Manager clarified the motion was for the CRA to hire the planner, not the City. Ms. McCarty made an alternate motion for the City to coordinate efforts with the CRA to hire a planner who would work in the City Planning Department, but be paid for by the CRA, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mr. Weatherspoon - No;' Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: The Interim City Manager 'stated that in several instances the Commission is self-insured; he questioned, if 'there be a catastrophic health problem in the case of the CRA employee, dQ we backcharge the CRA for the entire amount or do we charge them $181 which is the monthly charge for employees. Upon question by the Interim City Manager, Mayor Campbell advised this person will be an employee of the City and, ultimately, the Commission must approve any of the changes. It is the City's Comp Plan that is being talked about, the CRA in that capacity is a recommending body to us and, therefore, this person should be our planner. The Interim City Manager stated it is his understanding that it is a CRA plan which is a separate document. Mayor Campbell stated it is ultimately going to be our plan and must be approved by this City. He stated the CRA can adopt a plan, but it has to mesh with the City's plan which is the whole purpose of hiring the planner. Ms. Brainerd asked what happens to this person when he finishes rewriting the CRA plan. Does the City then have an employee that we didn't really need and wasn't a City Manager's addition? Does this person get hired with a defined sunset date? Ms. McCarty asked how long the CRA is willing to fund the employment of the CRA individual and who picks up the tab when they are done? If we are going to pick up the tab, why are we bypassing the Risk Manager and the City Manager's opinions as to whether or not we should hire this person directly? At this point the rolled was called to the alternate motion. -10- 2/27/90 21. Naming of ~ini Park. The Commission is to consider naming the proposed mini-park located on the Mount Olive Missionary Baptist Church property located at the corner of.N.W. 5th Avenue and N.W. 1st Street. Historic Preservation Board is 'recommending "B.F. James and Francis J. Bright Park". Ms. Brainerd moved to approve the designation of naming of the mini park, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Denial of Settlement Offer. The Commission is to consider denial of a $15,000 settlement offer from Mr. McCracken. Approval is recommended. Ms. Brainerd moved to approve denial of settlement offer, seconded by Mr. Andrews, Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Request for Temporary Tent Permit. The Commission is to approve a request from Ames Department Store for a temDorary tent permit to erect a 25' X 80' tent in their parking lot from February 28th through March 19th for a promotional furniture sale. Approval is recommended. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. Ms. Brainerd moved to deny the tent permit, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Vice-Mayor McCarty questioned why this item was put on the consent agenda. The Interim· City Manager.advised it was historically for the same reason .approval was given for tents in the auto dealer area. The tradition was followed. Vice-Mayor McCarty stated in that tradition this Commission has a prohibition to the Code that strictly prohibits merchandise being sold, except for seasonal'items, and also to cover people in an event on a temporary basis. The Code specifically prohibits the sale of merchan- diSe a'n~d they do not allow tents for merchandise anymore. At this point .the roll was c~lled to the motion. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 24. Resolution No. 17-90. Resolution No. 17-90, assessing costs for abatement action required to demolish an unsafe structure at 239 N.W. 8th Avenue, is before the Commission for consideration. The caption of Resolution No. 17-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE -11- 2/27/90 SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF THE NOTICE. (Copy of Resolution No. 17-90 is on file in the official Resolution Book) 25. Resolution No. 18-90. Resolution No. 18-90, assessing costs for abatement action required~ to demolish an unsafe structure at 20 S.W. 6th Avenue, is before the Commission for consideration. The caption of Resolution No. 18-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 18-90 is on file in the official Resolution Book) 26. Resolution No. 19-90. Resolution No. 19-90, assessing costs for abatement action required to demolish an unsafe structure at 129 S.W. 5th Avenue, is before the Commission for consideration. The caption of Resolution No. 19-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND' DECLARING SAID. LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 19-90 is on file in the official Resolution Book) 27. Resolution No. 20-90. Resolution No. 20-90, assessing costs' for abatement action required to demolish an unsafe structure at' 429 West Atlantic Avenue, is before the Commission for consideration. The caption of Resolution No. 20-90 is as follows: A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 20-90 is on file in the official Resolution Book) -12- 2/27/90 28. Resolution No. 21-90. Resolution 21-90, assessing costs for abatement action required to board up a pool area at 227 N.E. 7th Avenue, is before the Commission for consideration. The caption of Resolution No. 21-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 21-90 is on file in the official Resolution Book) 29. Resolution No. 22-90. Resolution No. 22-90, assessing costs for abatement action required to board up a pool area at 602 S.W. 9th Court, is before the Commission for consideration. The caption of Resolution No. 22-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 22-90 is on file in the official Resolution Book) 30.- Resolution No. 23-90. Resolution No. 23-90, amending Resolu- tion No. 54-89 %o provide for an eighth, nonvoting member from North Boca Raton, on the Education Board, is before the Commission for consid- eration. The caption of Resolution No. 23-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF 'THE~CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 54-89 WHICH ESTABLISHED THE EDUCATION BOARD OF THE CITY OF DELRAY BEACH AS AN AD-HOC ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 2 OF RESOLUTION NO. 54-89 WHICH PROVIDES THAT THE EDUCATION~BOARD SHALL CONSIST OF SEVEN (7) MEMBERS APPOINTED BY THE CITY COMMISSION, BY ADDING AN EIGHTH (8TH), NON-VOTING MEMBER FROM NORTH BOCA RATON TO THE EDUCATION BOARD; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 23-90 is on file in the official Resolution Book) 31. AWARD OF BIDS AND CONTRACTS. A. Tropic Isle Drainage Phase II - Engineering - Hardrives of Delray Inc., in the amount to $67,273.75 with funding from 1987 Utility Tax Bond Issue (Account No. 333-3161-541-61.11). Ms. Brainerd moved for approval of the Consent Agenda, -13- 2/27/90 seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows~ Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 32. Comments.and Inquiries on Non-Agenda Items. 'Ms. Brainerd moved to declare an emergency to amend the agenda for a citizen comment, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. Ms. Brainerd moved to amehd the agenda to add public comments limited to one gentlemen as 32.A.A., seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-MayOr McCarty - Yes. Said motion passed with a 4 to 0 vote. 32.A.A. Reverend Orr of Delray, representing the Community Churches United, stated he participated in Afro-American History Observance in Vero Beach and Fort Lauderdale, but this is one of the first times he has seen such participation in the Martin Luther King celebration and the celebration for African-American History. He thanked the Community for that and reminded the people that the commemoration of Black history is American history. Richard Allen, founder of the church that Reverend Orr pastors, helped stop the fever of the epidemic in 1795. Daniel Williams pioneered in open heart surgery and many lives are being saved today. George Washington Carver saved the Southern industry with peanuts and soybean. Charles Drew worked in blood plasma and helped to save many lives. They thank everyone for their support and want th~m to know that this is a united City which they want to help move forward. Reverend Orr gave thank~ for the opportunity to speak. 32.A.1 Mr. Andrews commented that he was distraught at some of'the comments he read in the paper which .may have been directed from a staff member to a candidate for Commission. He is very concerned about the innuendos and requested that the Interim City Manager review the article and come back to the Commission with his comments. 32.A.2. Ms. McCarty requested that they get the Code Enforcement minutes done in a more timely fashion so they can react to them if necessary. The Interim City Manager advised it is being worked on. 32.A.3. Ms. McCarty stated the Code Enforcement.Board has seven members and seven alternates, .but very rarely has a full complement of seven members. She feels some of the alternates have yet to serve, and if they are not available to serve then they should consider getting, some new alternates, or it may be that they are not being called. 32.A.4. Ms~ McCarty stated she would 'like to know the status of the liquor license regarding' the golf course. Her understanding is that this is temporary and is issued to a company that is not the company that the vendor has a sub-contract with. The Interim City Manager responded by stating the license is in a different corporate name but the parties involved are the same. There is an appointment set for next week for th~ permanent license which will be in the name of the new corporation. Ms. McCarty questioned how that affects them as far as insur- ance and liability. The Interim City Manager stated the insurance would be in full coverage during the temporary period. Ms. McCarty stated she would like to have a letter from the insurance carrier stating such. 32.A.5. Ms. McCarty asked the City Attorney about the letter of credit. To date they have not received it, but they are not in default. She would like to see this issue on the March 14th agenda so a vote can be taken. Mayor Campbell returned to the Commission Chambers at this time. -14- 2/27/90 32.A.6. Mayor Campbell requested a special meeting prior to next Tuesday's workshop with regard to discussing the Michael Langton con- tract on lobbying for programs and grants. It was the consensus of the Commission to have this issue as a special meeting item so it can be voted on at the next regular meeting. 32.B.1 The City Attorney advised with regard to the Venetian/Miramar property that was for sale, the time for receiving the contract has expired, and it puts the City in the position of the contract being concluded. He stated he has received two addendums, both of which request an extension on the mortgage commitment and the closing date from it's current projected time which was to be March 15, until April 13. He stated he also received a copy of an offer from Mr. William Bradley which indicates he is willing to resubmit with the terms and the conditions to remain the same. Mayor Campbell requested they place this item on next week's agenda. It was the consensus of the Commission to put this item on the next agenda. Mayor Campbell declared the meeting adjourned at 8:57 P.M. Ciffy~ Clerk ~ ATTE S T: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City. Commission of February 27, 1990, which minutes were formal- ly approved and adopted by the City Commission on ~£~ /~ /~ -- ~Cit~ Clerk- NOTE'TO READER: If the minutes that you .have received are not ~completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -15- 2/27/90 MARCH 5, 1990 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Mahogany Room at the Community Center at 5:45 P.M., Tuesday, March 6, 1990. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner William Andrews Commissioner Mary McCarty Also present were - Interim City Manager Malcolm T. Bird and Assistant City Attorneys Jeffrey Kurtz and Susan Ruby. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Commission Direction Regarding FY 90/91 Budget Preparation and Philosophy. The Interim City Manager stated the purpose of the meeting is to discuss budgetary philosophy for the upcoming year and for the establishment of those items that the Commission might want to investi- gate as the budget process goes along. He does not want something being preempted in the month of August that the Commission might have wanted done because of a lack of time to get it into the budget. Mayor Campbell commented that it is unfortunate that Commis- sioners Andrews and McCarty are not here tonight, as he feels it impor- tant that they be present and suggested that the meeting be rescheduled. He apologized to the staff who stayed overtime, realizing it is a very important function to try to answer some of those questions up front in order that much time and effort can be saved. Mr. Weatherspoon suggested that perhaps a date can be scheduled at the workshop meeting tomorrow night. Mayor Campbell declared the meeting adjourned at 5:47 P.M. ~Ci~y Clerk J ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 5, 1990, which minutes were formally approved and adopted by the City Commission on ~Cit~ Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above.