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03-14-90 MARCH 14, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:02 P.M., Wednesday, March 14, 1990. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd (Arrived 7:11 P.M.) Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell 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 John Knighton, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The Interim City Manager requested that Item No. 40 of the Consent Agenda be withdrawn and stated new backup for Item No. 49 has been supplied. Mr. Andrews moved for approval of the agenda as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5. Canvass Ballots for First Nonpartisan and Special Election of March 13, 1990 and Declare the Results. The Acting City Clerk reported that she has presented the certified cumulative total for the regular and absentee ballots from the Supervisor of Elections Office of Palm Beach County, Florida, showing the results of the First Nonpartisan and Special Election held on Tuesday, March 13, 1990. The results were as follows: Mayor Total Michael A. "Mike" Caruso 1914 + 44 Absentee = 1958 Tom Lynch 5361 + 87 Absentee = 5448 Ernest G. "Ernie" Simon 3097 + 69 Absentee = 3166 Ms. McCarty moved to approve the total votes for the office of Mayor, including all the regular and absentee votes as indicated above, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Commission Member - Seat No. 2 Total Jay Alperin 7331 + 133 Absentee = 7464 Patricia "Trish" Brainerd 2832 + 67 Absentee = 2899 Ms. McCarty moved to approve the total votes for Commission Member - Seat No. 2, including all the regular and absentee votes as indicated above, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Commission Member - Seat No. 4 Total Dave Randolph 7600 + 120 Absentee = 7720 Jimmy Weatherspoon 2634 + 81 Absentee = 2715 Ms. Brainerd arrived at this time. Ms. McCarty moved to approve the total votes for Commission Member - Seat No. 4, including all the regular and absentee votes as indicated above, seconded by Mr. Andrews. 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. BALLOT QUESTION AUTHORIZATION OF SALE OF CENTRAL FIRE STATION PROPERTY In 1936, the City acquired the central fire station property located at 101 West Atlantic Avenue. The site is no longer large enough to serve the City's needs. The deeds provide that, if authorized by the voters, the City may sell the property. Proceeds from the sale will be used for the development of a public tennis facility. SHOULD THE CITY HAVE THE AUTHORITY TO SELL PROPERTY LOCATED AT 101 WEST ATLANTIC AVENUE? Total Yes 6244 + 120 Absentee = 6364 No 2710 + 37 Absentee = 2747 Ms. McCarty moved to approve the total votes for the Ballot Question - Authorization of Sale of Central Fire Station Property, including all of the regular and absentee votes as indicated above, 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. Mr. Andrews moved that, based upon the above and foregoing, it is hereby declared that Tom Lynch is elected as Mayor, Jay Alperin is elected as Commission Member - Seat No. 2 and Dave Randolph is elected as Commission Member - Seat No. 4, for a two-year term commencing March 29, 1990, and ending in accordance with the City Charter, and it is also hereby declared that the Ballot Question - Authorization of Sale of Central Fire Station Property was approved, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 6. Ms. Brainerd moved for approval of the minutes of the Regular Meeting of February 27, 1990 and Special Meeting of March 5, 1990, 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. 7. Presentation. Resolution No. 25-90, commending Officer Benja- min Baldwin for his 20 years of dedicated service as a Police Officer with the City of Delray Beach, is before the Commission for considera- tion. The City Manager presented Resolution No. 25-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING OFFICER BENJAMIN F. BALDWIN FOR 20 YEARS OF SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 25-90 is on file in the official Resolution Book) -2- 3/14/90 Ms. Brainerd moved for the adoption of Resolution No. 25-90, 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 8.1. Arthur Jackel, representing United Property Owners, stated he would like to thank the seven candidates in the election of yesterday and the citizens of Delray for their public spirit .in an important election. He requested that the present Commissioners refrain from making decisions important to the future of the City, including the postponement of Board appointments, and allow the new Commission an opportunity to make these decisions for better harmony in the City. 8.2. Ken Ellingsworth, reporting for the City Manager Selection Committee, presented a report to the Commission stating after more than 100 applicants were interviewed, the number has been narrowed to five. He also expressed his thanks to the Committee for doing an excellent job and for their dedication. 8.3. Rosetta Rolle, Chairman of the Delray Beach Housing Authority, stated she is presenting copies of the 1989 Annual Report to the Commis- sion which includes the anticipated improvements to Carver Estates along with changes for the City. She also expressed her pleasure while serving under this Commission. 8.4. Richard Adams, Secretary for Point of Delray Beach Association Condo, stated several months ago they were told if a wastepaper contain- er for recycling was permitted on their property, there would be no charge. They agreed and are now being billed $43.00 per month which he does not understand. Mayor Campbell suggested that he call the City Manager for an explanation. 8.5. Mary Lou Strollo, Executive Director of Old School Square, stated she would like to go on record by announcing that the Grand Opening of the 1913 Building of the Old School Square property will be the weekend of March 16-18, 1990, with public visitation Sunday after- noon, March 18, from 2:00 to 5:00 P.M. 8.6. Marion MacLeod, resident, expressed her thanks to all the Commission for their help in the southern part of Delray Beach, particu- larly in Tropic Bay. 8.7. The following persons spoke in opposition to Ordinance No. 9-90, which restricts the use of skateboards, roller skates and similar devices along Atlantic Avenue from A-1-A on the east to 1-95 on the west: Jerry Marshall, Rhonda Almond and John Goodman. FIRST READINGS 9. Ordinance No. 7-90. Ordinance No. 7-90, amending Chapter 51 of the Code of Ordinances by enacting a new subsection 51.18(f) to provide for issuance of recycling containers to all residents, including condo- miniums and complexes containing 30 or more dwelling units, to provide that participation in the recycling program is mandatory, to provide collection times, handling of unacceptable materials and replacement of lost, stolen or damaged containers, is before the Commission for consid- eration on First Reading. If passed, Public Hearing will be held March 27th. The Interim City Manager presented Ordinance No. 7-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IV, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH" "COLLECTION SERVICES, REQUIREMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.18, "TYPES OF SERVICES FOR PICKING UP GARBAGE AND TRASH", BY ENACT- ING A NEW SUBSECTION 51.18 (F), TO PROVIDE THAT THE CITY SHALL ISSUE RECYCLING CONTAINERS TO ALL RESIDENTS, -3- 3/14/90 INCLUDING CONDOMINIUMS AND COMPLEXES CONTAINING THIRTY (30) OR MORE DWELLING UNITS; TO PROVIDE THAT PARTICIPA- TION IN THE RECYCLING PROGRAM IS MANDATORY WITH FEES TO BE PAID PURSUANT TO SECTION 51.10, TO PROVIDE THE TIMES OF COLLECTION, TO PROVIDE FOR THE HANDLING OF UNACCEPT- ABLE RECYCLING MATERIALS, TO PROVIDE FOR THE REPLACEMENT OF RECYCLING CONTAINERS IN THE EVENT THE CONTAINERS ARE LOST OR STOLEN OR DAMAGED; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 7-90 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion 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: Upon question by Mr. Weatherspoon regarding the fee mentioned earlier by Richard Adams, the Interim City Manager stated he feels the confusion occurred at the time Waste Management, as agent for the City, was talking to people about placement of the containers. They told citizens that they would not be billing for these containers; however, the City does and it is not a "no-charge" service, but a separate fee. At this point the roll was called to the motion. 10. Ordinance No. 8-90. Ordinance No. 8-90, amending Chapter 96 of the Code of Ordinances by enacting a new subsection, 96.05(C) to provide that no object, structure, or planting shall obstruct a fire hydrant, is before the Commission for consideration. If passed, Public Hearing will be held March 27tho The Interim City Manager presented Ordinance No. 8-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIREWORKS", SUBCHAPTER, "GENERAL PROVISIONS", SECTION 96.05, "FIRE HYDRANTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 96.05(C), AND ENACTING A NEW SUBSECTION 96.05(C),TO PROVIDE THAT NO OBJECT, STRUCTURE, OR PLANTING SHALL OBSTRUCT A FIRE HYDRANT, PROVIDING FOR CERTAIN CLEAR DISTANCES TO ENSURE ACCESS TO FIRE HYDRANTS; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 8-90 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion 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. 11. Ordinance No. 9-90. Ordinance No. 9-90, amending the Code of Ordinances to provide for the prohibition of skateboards, roller-skates, or similar devices upon sidewalks along Atlantic Avenue between A-1-A on the east and 1-95 on the west, is before the Commission for consider- ation on First Reading. Additionally, this ordinance contains revisions as discussed at the March 6th Special/Workshop, which provides an exception for bicycles and removes restriction from roadway surfaces. If passed, Public Hearing will be held March 27th. The Interim City Manager presented Ordinance No. 9-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XIII, "GENERAL OFFENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, -4- 3/14/90 FLORIDA; BY AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", BY ENACTING A NEW SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", PROVID- ING FOR RESTRICTIONS IN CERTAIN AREAS; PROVIDING FOR A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 9-90, seconded by Ms. McCarty. 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. Before roll call the following discussion was had: Ms. McCarty stated she would like to make it clear to all in attendance that this is a First Reading; the Second and FINAL Reading will be in two weeks so this is not ~he final passage of this ordinance. She also reminded everyone that this is only along Atlantic Avenue, not along the beach, or in the neighborhoods of the community and not a City-wide prohibition. It originated specifically because merchants were concerned about people going in and out of stores and not being able to see the skateboards approaching. Mr. Weatherspoon commented that upon giving further considera- tion to this ordinance and the way it is drafted, he feels that instead of prohibiting all skateboards in the area, it might be wise to place some responsibility on the users by insisting that they operate their vehicles in a safe manner. At this point the roll was called to the motion. REGULAR AGENDA Mayor Campbell suggested that Items No. 12, 14, 16, 17, 18, 19 and 21 be deferred, as he is cognizant of the fact that there are certain appointments that need to be made and others that this Commis- sion does not need to be accused of dragging the election into the appointment process. He asked that staff look at those seats which might need a quorum and, where the appointments might fall to a respec- tive member of the Commission, he suggested the nominating party might check with some of the new members of the Commission and make sure there is no controversy involved. Ms. McCarty moved to defer Items No. 12, 14, 16, 17, 18, 19 and 21, 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. 12. Appointment of a Regular Member to the Board of Adjustment. Deferred. 13. Reappointment of a Regular Member to the Board of Adjustment. The Commission is to consider the reappointment of Robin Smith as a regular member to the Board of Adjustment to a term ending March 14, 1993. Ms. Brainerd moved to reappoint Robin Smith, 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. 14. Appointment of a Member to the Community Appearance Board. Deferred. 15. Reappointment of Two Alternate Members to the Community Appear- ance Board. The Commission is to consider the reappointment of two -5- 3/14/90 alternate members to the Community Appearance Board to terms ending March 14, 1992. Ms. Brainerd moved for approval of the reappointment of Ann Pearson and Norman Radin, 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. Appointment of a Member to the Board of Construction Appeals. Deferred. 17. Appointment of a Member to the Code Enforcement Board. De- ferred. 18. Appointment of a Member to the Public Employee Relations Commission and Designation of Chairperson. Deferred. 19. Reappointment of a Member to the Public Employee Relations Commission. Deferred. 20. Withdrawn. 21. Appointment of a Member to the Civil Service Board. Deferred. 22. Appointment of a Member to the Education Board. The Commission is to consider the appointment of an eighth, non-voting member from North Boca Raton to the Education Board. Ms. Brainerd moved for approval of Ms. Sandy Medlicott, second- ed 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. 23. Delray Beach Golf Inc. Letter of Credit. The Commission is to consider a revised Letter of Credit submitted by Delray Golf, Inc. Approval is recommended. Mr. Weatherspoon asked if the revised submittal is represent- ative of the discussion of the last meeting with regard to the Line of Credit and subject to any technical modifications by the City Attorney. The City Attorney stated, in his opinion, it is not. He further stated that the two or three technical areas have been addressed in the re-submission; however, it is his position, after having listened to the tape of the meeting in December and having reviewed the excerpt of the minutes about the vote taken at that time, that the submission with the laundry list with a basis of draws on the Letter of Credit, was not what the Commission had voted on. This submittal does not match that and, therefore, did not meet with his approval. That does not say that this precludes the Commission from accepting this; but it has been his position that, in addition to the technical deficiencies which would be corrected by this new submission, the generalized statement the City had requested and, he believes the Commission has approved, is not contained in the re-submission. Mr. Weatherspoon asked if the City Attorney would share with the Commission what he feels is missing. The City Attorney commented that it really is not missing, but that the re-submission contains a laundry list of items numbered 1-8 of grounds for draws against the Letter of Credit. It was his recommendation then, and is now, that the City should not try to get specific because it would not be possible in the future to know what might be left out; rather, he would request what he calls a "clean letter of credit", which says it is a draw by the City whenever the License Agreement has not been complied with. The working in mind is that which is attached to the March 14 memo to the Commission (a redraft of the Letter of Credit the City Attorney's Office retyped and submitted to the Licensee's representative the first week of January). Ms. McCarty asked for confirmation that the Commission had previously agreed to this and now, as she understands it, the lessee is trying to continue the point that they were trying to make when the 6 3/14/90 Commission voted against it. The City Attorney stated that is his understanding. Ms. McCarty then asked, if everything is not thought of that could possibly happen in their request, then the City will be unable to obtain the money to do what needs to be done if there is not enough foresight by the Commission to include everything in their laundry list. The City Attorney advised his position is, if the Commis- sion attempts to itemize things, there is no way of knowing what has been left out until it happens. Ms. McCarty questioned, in order to protect the City from things that could happen that may not be antici- pated at this time, that would be the recommendation of the safest way to go. The City Attorney advised that is his recommendation. Gilbert Goldstein, of Delray Golf, Inc., stated they met with the Commission on December 27th, 1989, he has since seen a resume by Mr. Barcinski, and disagrees with what the City Attorney stated. He further stated they went into great detail on each individual item at that December 27th meeting and they could not give the type of Letter of Credit that the City Attorney is recommending, but would have to revert to a Bond. The technical changes requested by Mr. Barcinski have been made and they feel it complies with both the spirit and the details of the agreement with the City Commission. Ms. McCarty moved to deny the Delray Beach Revised Letter of Credit and to accept the already approved original Letter of Credit, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Andrews asked if Mr. Code House signed the Letter of Credit that the City Attorney is referring to. The City Attorney advised it is one that is even cleaner. Mr. Andrews also asked if it was suspected in the RFP's that anyone bidding on the Golf Course would have to sign one of those letters of credit. The City Attorney stated the specifics said that the City was looking for a clean irrevocable Letter of Credit. Mr. Goldstein stated the discussion at the original meeting indicated that no one knows who is going to be here in the future and if a General Letter of Credit is used, anyone can call anything a default and call on a Letter of Credit and that is why the specifics involved so much time and completely covers the City. Mayor Campbell commented that he has no problem with the applicant's Letter of Credit; however, he would like to add the condi- tion that that it would cover any contingency wherein the City had any monetary potential damages and/or consideration. At this point the roll was called to the motion. Ms. Brainerd moved for approval of the applicant's Letter of Credit with the condition added by Mayor Campbell that the City may make a claim on the Letter of Credit as to any violation of the Contract which would have a monetary damage implication for 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 - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Andrews asked that the City Attorney comment on the last item that was added. The City Attorney stated it is better, but still not his recommendation. He feels the City is at some risk in that other contingencies have not been adequately covered. Upon question by Mr. Andrews as to specific contingencies, the City Attorney stated that he cannot name those and that is what bothers him. At this time the roll was called to the motion. -7- 3/14/90 24. Old School Square - Line of Credit. The Commission is to consider approval of a negotiated method for selection of a financial institution and award bid. Approval is recommended. The City Attorney advised that Item No. 24 relates to Item No. 49 of the Consent Agenda, which is the actual resolution for the Bond Anticipation Notes and contains the details. Once this has been re- solved, there is no need to delete Resolution No. 30-90 from the Consent Agenda. If it is not resolved, it will be necessary to approve the resolution separately. Ms. McCarty left the Commission Chambers at this time. Upon question by Mayor Campbell, David Huddleston, Finance Director, stated the staff and Financial Advisor recommendation is to go with the fixed rate proposal from Sun Bank. Mr. Weatherspoon moved to approve staff recommendation, second- ed by Ms. Brainerd. (Mayor Campbell stated that he will not be voting on this item and Deputy Vice-Mayor Brainerd took the Chair.) Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Weather- spoon - Yes; Deputy Vice-Mayor Brainerd - Yes. Said motion passed with a 3 to 0 vote. The City Attorney advised that the details just now adopted, have been entered into Resolution No. 30-90. 25. Settlement Offer - Procacci. The Commission is to consider a follow up to direction received at the January 23rd Workshop and the Regular Meeting of January 30th, at which the Commission, by consensus, denied the settlement offer of $150,000 and directed the City Attorney's office to submit an offer of judgement in the amount of $60,000. The City Attorney advised that nearly a month ago Mr. Andrews made a motion to postpone this item until the Commission had an opportu- nity to meet with outside counsel and the City Attorney on the issue; that has been done and it is now before the Commission for direction. Ms. McCarty returned to the Commission Chambers at this time. Mayor Campbell suggested that the Commission authorize the City Attorney to make a formal counter offer, report back to the Commission and place it on an upcoming agenda for final consideration. Ms. Brainerd moved to authorize the City Attorney to write a formal offer and record it with the Court, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 26. Settlement Offer. The Commission is to consider a settlement offer from Robert Friedman in the amount of $1,000 to settle litigation stemming from his attempts to acquire a Board Order from the Board of Adjustment granting a variance. Approval is recommended. Ms. Brainerd moved for approval, 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. 27. Stress Management Program. The Commission is to consider authorizing staff to negotiate a contract with Dr. Larry Billion to provide a Stress Management Program for the Police Department staff and their families at a cost of $19,600 and appropriate funds from the Law Enforcement Trust Fund. Ms. Brainerd moved for approval, 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 Camp- bell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: -8- 3/14/90 Upon question by Ms. McCarty for clarification in the backup as to the amount of money involved, the Interim City Manager advised the amount being requested for this year's cost is $19,600 to come from the Law Enforcement Trust Fund. The total program will be approximately $36,000 to go through the three phases, if approved; however, judgement was withheld in anticipation of learning exactly what would be included. This first phase will include Stress Management for the officers, the development of the program and the training of supervisors to recognize stress problems in their subordinates. It also includes Dr. Billion's availability onsight to do both formal and informal counseling with individuals and, as needed, to spend a considerable amount of time during one of the early phases in the development of the program working with the officers. Ms. McCarty stated there were a number of costs in the backup and requested that the Interim City Manager place a memo in the Commis- sion packets this Friday explaining what the City is doing for this year, what is being implied for future years and what the City is getting for that money. Mr. Andrews asked what adjacent cities are doing relative to this program. The Interim City Manager advised Boynton Beach is not, Boca Raton has an abbreviated program which does not involve supervisors and contact time with a clinical psychologist. Mr. Andrews commented he feels one program should be implemented, but he is concerned as to how far a program of this type is carried or the manner in which it is stopped. The Interim City Manager stated he feels the question becomes what is involved in the additional options available and whether or not the City wants to include family programs; this is a decision that can be made at a later date. At this point the roll was called to the motion. 28. Final Payment Request. The Commission is to consider a request from H. Kurt Kettlehut and Associates for final payment in the amount of $23,973.05. Ms. Brainerd moved for denial of the request and to authorize staff to continue negotiations, 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. 29. Vacant City Attorney Position. The Commission is to consider providing direction regarding the selection of a new City Attorney. The Commission concurred to defer this matter and allow the new City Commission to appoint an Interim City Attorney. 30. Cemetery Master Site Plan. The Commission is to consider approval of a Master Site Plan for the Municipal Cemetery located at the northwest corner of S.Wo 10th Street and S.W. 8th Avenue. Approval is recommended. Ms. Brainerd moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 31. Improvements S.D. Spady Elementary School. The Commission is to consider recommendations made by the Education Board regarding realignment of N.W. 10th Avenue and other improvements to be made at S.D. Spady Elementary School. Tom Fleming, Chairman of the Education Board, stated the School Board is proceeding to complete plans for renovations at S.D. Spady Elementary in the amount of $3.1 million, including plans for construc- tion of a new administration and other buildings along with the renova- tion of existing buildings. At this time, those plans do not include acquisition of land north of Spady. Part of that plan involves an orientation of access to S.D. Spady from Lake Ida Road and that entails aligning 10th Avenue to Lake Ida Road, involving right-of-way -9- 3/14/90 acquisition, road construction and expenditure of funds on the part of the City. At this time, Gates Castle, City Engineer, presented a mylar showing the area involved. Mayor Campbell commented that he understands putting an en- trance into the school, but does not know why a street needs to be opened up there. He questioned, if the School Board condemns the property to the north, why a private access cannot be made from Lake Ida Road. Mr. Fleming advised that neither the School Board or the City are prepared to condemn the property. The consensus agreement made by the City and the School Board states that one or the other or both parties are to do that. It also calls for acquisition of that property by the City, the School Board or jointly, to provide frontage ultimately on Lake Ida Road. Mayor Campbell stated he feels if the City does not insist on the frontage on Lake Ida Road, the School Board will put it on 10th Avenue. Mr. Fleming stated it is the intent of the Education Board to continue the acquisition of this property; the question is, who is going to spend the money and where will it come from. Upon question by Mr. Weatherspoon, Mr. Fleming clarified that he is asking the Commission for approval of his recommendation that the City acquire the land in order to put the road through. Ms. Brainerd moved to approve the recommendations, seconded by Mr. Weatherspoon. Mr. Andrews expressed a desire to learn if there were any alternatives that may be pursued because, by voting for approval, he feels the City is giving in. Ms. McCarty commented that she feels the time this discussion should have been made, was at the time the con- sensus document was agreed to, because the School Board is going to say that was what was agreed to in this year's budget. If the City says no, that will be an excuse for the School Board to do nothing; therefore, she feels the City should take what they can get at this time and keep pressuring for the rest of it. Mr. Fleming advised that, prior to achieving the language in the consensus document, the School Board's position was "no"; no land acquisition and no way would anything further be done at Spady Elementa- ry. Even though that was not the entire wish list, it was a compromise that got the City to this point. Mr. Andrews asked if it would be possible to send a message by amending the motion to restrict the City's portion of the $500,000 in the Bond Issue restricted to Spady until such time as the School Board fulfills the item under discussion. Ms. McCarty commented that the City will use only a portion of this money to do that improvement. Ms. Brainerd amended her motion to state that the City is willing to move forward with an appropriate confirmation by the School Board; that they are also willing to move forward with the land acquisi- tion at the appropriate time, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 32. Approval of Project Concepts for Neighborhood Improvement Element - Decade of Excellence Bond Issue. The Commission is to consid- er approval of project concepts for Neighborhood Improvement elements. The City Attorney will provide detailed memorandum prior to the Wednes- day evening meeting. Approval is recommended. The City Attorney stated this item is on the agenda in order to learn if the Commission has any additional information or details that the City Attorney's office could present. The Bond Validation scheduled for March 20th has been changed to the 28th, but they will be before the Court at 12:30 P.M. to validate the GO Bond. One of the aspects of that validation is testimony by staff, the City Manager and the Finance Director about the purposes to be used for the money. One of the small segments is the Neighborhood Improvement monies - the $500,000 amount. -10- 3/14/90 It is felt that, since the time of the adoption of the resolution, if there have been any other thoughts or discussions on the specificity for that money, now is the time to let them know. 33. Use of City Owned Property North of Cason Cottage. The Commis- sion is to consider a request from the Delray Beach Historical Society to move an historic home on City owned property located north of Cason Cottage. Terry Pheil, a Board member of the Historical Society, stated they are requesting that the City lease to the Historical Society the property adjoining the current property at the Cason Cottage, for the purpose of moving onto that sight an Historic residence that is current- ly being threatened. Mayor Campbell asked for confirmation that, at this time, all they are requesting is that the City lease the Historical Society the land for $1 a year and no responsibilities at this point. Ms. Pheil commented they need to know they have a location on which to move the house in order to pursue negotiation with the owner of the house. Ms. McCarty moved to approve the request of a lease for $1 per year and authorize staff to begin the appropriate negotiations before final consummation, seconded by Mr. Weatherspoon. Ms. McCarty stated she could not think of a more appropriate use for that parcel of property and she would conceptually agree to this, contingent upon going through the Historic Preservation Board process, to ensure that the house is of historical significance and exactly how it will be placed on the property. Mayor Campbell asked Ms. Pheil to call the Chairman of the Historic Preservation Board and, upon recommendation by the City Attor- ney, the Commission will ratify the formal document. Ms. McCarty amended her motion to include a provision that this meets the consensus and agreement of the Historic Preservation Board, Mr. Weatherspoon amended his second. 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. 34. Private Easement Regulation in Platting Process. The Commis- sion is to consider requirements of the City in the platting process regarding recognition and implementation of easement rights. Mayor Campbell stated, on several occasions, there have been instances where private easement rights seem to contradict the platting process. He asked what the City's position is, if the City is obligated and recognizes the private easements with regard to plats and can private arrangements nullify plats afterward. The City Attorney advised that the City takes the position, with regard to private easements, the same way it is taken with regard to private deed restrictions, i.e., that they are not in consideration for a building permit, site plan review, etc. In some instances utilities are under consideration because they are public, but private easements are a private enforcement matter. If there is a deed restriction that restricts certain property to single family homes only and the City has the property zoned in a multi-family zoning district, that owner can come in with a plan to show a multi-family structure and the City will issue the building permit. Mayor Campbell asked, if the City's action is limited later by private action, does the City have responsibility either way. The City Attorney stated for enforcement, it is the responsibility of the indivi- dual property owner to initiate some type of litigation, but that is not to say the City has not used private easements in the past for purposes of gaining compliance with the subdivision requirements. Upon question by Mayor Campbell, the City Attorney agreed that, when the City accepts a plat and takes a title certification, an ease- ment is considered in the nature of a lien; but he is not sure that would be shown on any of the plat documents. David Kovacs, Planning -11- 3/14/90 Director, commented he feels Mayor Campbell is referring to an easement required by the P&Z Department. The City Attorney advised that if there was an existing easement, it would not be reflected on the plat. Mr. Kovacs stated the survey required should show all easements that are real in appearance. If the City allows a plat, which in turn, allows a development to occur and it does not allow the use of that previous easement, that is their problem to solve. Mayor Campbell commented he feels the City is exposing itself to liability due to having limited or ignored those easement rights. The City Attorney confirmed Mayor Campbell's question that, should a parcel of property have an easement on the east side, the City plats it and puts a road on the west side not allowing traffic on the east side, the City has limited a general easement. Mayor Campbell then asked if the City is responsible for this. The City Attorney stated he feels the City is not obligated and if there is to be a suit, it would be up to the dominant estate. Mr. Kovacs stated, for example, if a parcel is zoned multiple family and there is a deed restriction stating it can be used only for single family, the City allows single family use in the multiple family district. If the City has a plat that requires access over easements, and a developer puts a restriction on that access, that cannot restrict what the City requires. He also confirmed that, if the City declared it to be available for access as a public easement, the developer cannot put on a restriction to prohibit that. The Commission concurred to place this on an upcoming agenda. 36. Refurbishment of Vacated Spaces - City Hall Expansion. The Commission is to consider a review of drawings, engineering cost esti- mates and authorize staff to proceed with refurbishment of vacated spaces resulting from City Hall expansion. Approval is recommended. The Interim City Manager stated staff is looking for specific authorization because the contractor is now on board and it is felt he should be retained and this made an expansion of the ongoing work. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. Gates Castle stated he has grouped these into individual packages and is looking for direction to proceed or reject. Vice-Mayor McCarty requested that Mr. Castle explain the Contingencies item and the Overhead and Profit item, which totals 25%. Mr. Castle stated the prices on the furniture may not be valid when the order is placed. The carpentry work is an unknown as nothing has been designed. He has attempted to spread the contingencies throughout each item. The Commission concurred as follows: I Move into New Wing Authorized II Renovations to Existing City Hall Authorized Referring to Item III, Vice-Mayor McCarty stated it is her feeling that, until a permanent City Manager and City Attorney are established, this item can be postponed with no difficulty. Mr. Castle stated the existing contractor can do the work, but a response will be needed soon. The renovations to the Public Works Administration Build- ing can be postponed. Digby Bridg.es, Architect, stated that could be one of the last items to be done. The Commission concurred to make this a Change Order. III Relocation of City Attorney C.O. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. IV Records Retention Authorized V Renovations to Commission Chamber and Lobby Area Authorized VI UPS Hookup to Generator Authorized -12- 3/14/90 VII Landscaping of Lake Ida Rd. wastewater yard for storage of abandoned and auction vehicles Omit Ms. McCarty commented she would like staff to supply alterna- tives of where those vehicles could be stored and how much room is needed. The Commission concurred to omit this item until a later date. VIII Modifications to landscaping for City Hall Expansion Project Authorized Upon question by Ms. McCarty regarding Item IX, the Interim City Manager stated, in order to have adequate data transmission, it is necessary to have the Police and Fire Departments hooked in. The majority of the cost is for trenching, jacking and boring under Atlantic Avenue to get to the Police Department; the Fire Department portion is minimal. Mr. Andrews requested a breakdown, along with more information. Dick Zuccaro, Director of M.I.S, stated the fiber optic line itself is expensive; it is a high-speed line and the distance is approximately 3000 feet. Upon question by Mr. Andrews, Mr. Zuccaro confirmed that when the existing Fire Station is moved, the line is saved and a junc- tion box installed, along with needed hardware. IX Fiber Optics from City Hall to Police and Fire Depts. Authorized X Professional Fees Authorized Ms. McCarty moved to approve the refurbishment of the vacant spaces as discussed and the expenditure of the funds as discussed, 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. 35. Request to Expand the Scope.of Architectural Services - City Hall Expansion. The Commission is to consider ratifying a supplemental amendment to the contract for architectural services for the City Hall Expansion project to include the refurbishment of vacated spaces, estimated in the amount of $47,612 for architectural fees and $18,000 for construction manager fees, with funding to come from the 1987 Utility Tax Unallocated Interest Earnings. Approval is recommended. Ms. Brainerd moved for approval, as discussed, 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. 36A. Discussion of Interim City Manager's Contract. The Commission is to consider a readjustment of termination date of Interim City Manager's contract which expires April 30, 1990. The Interim City Manager stated the purpose was to encourage the Commission to move as rapidly as possible in the selection process. The City should be in budget now and, in order to do this effectively, will need the input of the individual who is selected to replace him. He feels by amending his contract appropriately to terminate on March 30, 1990, which would be the earliest date he feels he can complete a few things he is in the midst of at this time, it might be helpful for the new Commission to have a person on board much sooner. Ms. McCarty moved to amend Mr. Bird's contract to have it expire on March 30, 1990, 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: Thomas Lynch, Mayor-elect, stated he would like to recommend that the five persons selected by the Committee are all acceptable -13- 3/14/90 people, from what has been determined, and that they should be invited to Delray and a time set up in order that they might be here within the next two weeks. Mayor Campbell commented that the last time there was a two-fold process with individual interviews scheduled with the Commis- sioners. In addition to this, a general reception was held for all five applicants and all the community leaders were invited to come and meet them. Mayor-elect Lynch expressed the desire that a like reception be repeated and requested that the current Commission proceed with the details. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 37. Ratification of Old School Square Management Agreement. The Commission is to consider ratification of Commission action taken at the March 6th, Special/Workshop meeting regarding Old School Square Manage- ment agreement. Approval is recommended. 37.A. Sale of City-owned Property - Adult Bookstore. The Commission is to consider a request from David and Sheila Turner to have the roof repaired/replaced on City-owned property known as the Adult Bookstore. It is recommended that the City go to closing and escrow 3% of funds against the cost of repairs which are expected to be half as much. 38. Amendment to Interlocal Agreement Between the City and Palm Beach County. The Commission is to consider approval of an amendment to the interlocal agreement between the City and Palm Beach County for 911 service increased costs. This amendment does not require additional City funding as sufficient funding to cover increased program costs exist in the 911 Budget. 39. Final Plat Approval. The Commission is to consider approval of a final plat for Morse Saturn located at the southwest corner of Federal Highway and Tropic Bay Boulevard. Approval is recommended, with a request that Mayor Campbell defer signing the plat document until receipt of appropriate financial guarantee for public improvements is received. 40. Final Plat Approval. Withdrawn. 41. Final Plat Approval. The Commission is to consider approval of a final plat for Costco development located at the southwest corner of S.W. 4th Avenue and Linton Boulevard. Approval is recommended, with a request that Mayor Campbell defer signing the plat document until receipt of appropriate financial guarantee for public improvements is received. 42. Request for Extension of Conditional Use and Site Plan Approv- al. The Commission is to consider a request from the developers of the proposed Gulfstream Motor Lodge located at the southwest corner of S.W. 10th Street and Federal Highway, for an additional 18 month extension of approved conditional use and site plan approval. Approval is recommend- ed. 43. Authorization to Submit Grant Applications. The Commission is to consider authorizing staff to submit grant applications to the Florida Department of H.R.S. Emergency Medical Services Division for matching funds for two emergency rescue vehicles ($70,000) and six Lifepak Ten defibrillators ($27,300). City's match funding will be requested from 1990/91 General Fund. Approval is recommended. 44. 1990 All-American Soap Box Derby. The Commission is to consid- er approval of the use of the Linton Boulevard Bridge on Sunday, June 24th, Saturday, June 30th and, if necessary, Sunday, July 1st (rain date) from 7:00 A.M. to 3:00 P.M. for soap box derby practice and race. Approval is recommended. -14- 3/14/90 45. Resolution No. 26-90. Resolution No. 26-90, assessing costs for abatement action required to remove nuisances on 74 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 26-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 26-90 is on file in the official Resolution Book) 46. Resolution No. 27-90. Resolution No. 27-90, assessing costs for abatement action required to remove nuisances on 33 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 27-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 27-90 is on file in the official Resolution Book) 47. Resolution No. 28-90. Resolution No. 28-90, assessing costs fo~ abatement action required to remove nuisances on 44 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 28-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 28-90 is on file in the official Resolution Book) 48. Resolution No. 29-90. Resolution No. 29-90, assessing costs for abatement action required to remove nuisances on 25 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 29-90 is as follows: -15- 3/14/90 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 29-90 is on file in the official Resolution Book) 50. Award of Bids and Contracts. A. Community Development Block Grant - Housing Rehabilita- tion Program - Preston Construction Company in the amount of $51,000 with funding from Community Development Housing Rehab (Account No. 118-1963-554-60.23) for property located at: 210 N.W. 13th Avenue - $17,000 229 N.W. 4th Avenue - $17,000 605 N.W. 5th Street - $17,000 B. Hurricane Window Covers - Pompey Park and Community Center Gymnasium - Cantway Builders in the amount of $7,545 with funding from 1988-90 Lapsed Funds. Ms. Brainerd moved for approval of the Consent Agenda as amended, 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. 51.A.1. Mr. Weatherspoon stated there is a Sewer Board meeting tomorrow night and questioned the status of the revenue for funds to cover the work that needs to be done. The Interim City Manager advised funds will be in hand at the time and it will probably be recommended to the Commission, depending upon the timing for the actual signing of the contract. The activities for tomorrow should be for approval of the staff at the Sewer Board to enter into the creation of a contract and then bring it back to the Commission at some later date. If it is close to the end of the period for which bids were asked to be held open, which was 120 days, the funding may be in hand. If not, it will neces- sitate that the Commission enter into a letter of credit which will probably never be drawn upon, but will satisfy the statutory requirement to have a funding source in place prior to the signing of a contract. The dollars will not be drawn from it but funding that is available in the Water and Sewer area at that time will be used to bridge the gap for one or two months until the bond proceeds are available. Mayor Campbell declared the meeting adjourned at 8:48 P.M. ~ Cit~y ClerR ~ 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 -16- 3/14/90 of said City Commission of March 14, 1990, which minutes were formally approved and adopted by the City Commission on ~¥~9flP~7_ ~-~'7~ Jq(~O · - - ~itYJClerk- ~ 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. -17- 3/14/90