03-07-89SpMtg MARCH 7, 1989
A Special Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in
the Commission Chambers at City Hall at 7:44 P.M., Tuesday, March 7,
1989.
Roll call showed:
Present - Commissioner Patricia Brainerd
Commissioner Marie Horenburger
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell (Arrived 8:25 P.M.)
Absent - Commissioner Mary McCarty
Also present were - City Manager Walter O. Barry and
City Attorney Herbert W.A. Thiele.
Vice-Mayor Weatherspoon called the meeting to order and an-
nounced that this .... ~eting has been called for the purpose of considering
the following:
FIRST READING
1. Ordinance No. 9-89 - (Flohr Property). Ordinance No. 9-89,
rezoning property located on the east and west sides of A1A (Ocean
Boulevard) between the Atlantic Ocean and Intracoastal Waterway contigu-
ous to Highland Beach from RM-15 to SAD, is before the Commission for
consideration on First Reading. If passed, Public Hearing will be held
March 28th.
The City Manager presented Ordinance No. 9-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SAD (SPECIAL
ACTIVITIES) DISTRICT FOR THE SOUTH 100 FEET OF THE NORTH
ONE-HALF (N 1/2) OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE
43 EAST, LYING WEST OF THE ATLANTIC OCEAN AND EAST OF THE
EAST RIGHT-OF-WAY LINE OF THE INTRACOASTAL WATERWAY, LESS
THAT PORTION DEDICATED TO STATE ROAD A-l-A, DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED BETWEEN
THE INTRACOASTAL WATERWAY AND THE ATLANTIC OCEAN, APPROX-
IMATELY 2,750 FEET SOUTH OF LINTON BOULEVARD; AND AMEND-
ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVID-
ING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Vice-Mayor Weatherspoon stated there was a recommendation from
staff that the Commission remand this request back to the Planning and
Zoning Board for further consideration.
Ms. Brainerd moved that they remand this back to the Planning
and Zoning Board at the applicant's request, seconded by Ms.
Horenburger.
Mr. Kovacs, Planning Director, stated the issue before the
Commission is that of use. The Commission has, within the last few
months, rejected Code amendments which would have allowed a motel as a
conditional use along the Ocean, with the statement that the Ocean area
should be for permanent residential units only. Because they rejected
those Code amendments, which would have modified the Code to allow this
use, the Planning and Zoning Board took it as a very firm policy direc-
tion that the use was not desired. Therefore, if what they are saying
is that they will entertain a reduction in unit count, are they also
saying that they are basically in support of the use of a hotel on the
east side of A-1-A.
Ms. Brainerd stated she thought the applicant was proposing to
go to the west side of A-1-A and leave the east side status quo. That
would be in the spirit of the use which the Commission directed earlier.
Mr. Weatherspoon stated he felt that the Commission rejected
the proposal as presented by s%aff. Ms. Horenburger added that the
current existing use comes into question.
Mr. Kovacs stated the issue before the Commission was to have
resorts added as a conditional use under the RM-15, there is no question
of densities. It was rejected on the basis that the resorts which are
there can continue as non-conforming uses and if they are destroyed,
they are destroyed and replaced with multiple family housing. If this
is not what the Commission meant to do then they can resurrect the other
issues.
John Campbell, 2220 South Ocean Boulevard, stated the Court of
Delray is next to the lot being referred to here as the west side of
A-1-A. When he bought his property two and a half years ago, he relied
on the fact that it was a residential district and that Mr. Flohr had a
motel across the street which was a non-conforming use. He feels that
he had a right to believe it was going to remain residential and not
become an expansion of a hotel.
Robert Currie, representing the applicant, advised that Mr.
Flohr could not attend the meeting tonight and asked him to request a
postponement.
Bob Chapin stated this is the fourth meeting he has attended on
this item and feels the appropriate action tonight would be to vote
against the ordinance on first reading and not postpone it.
Frank Lahage, Highland Beach, stated he owns the property next
to Mr. Flohr's. He is concerned about security and the traffic.
Elizabeth Matthews, 1024 White Drive, stated that according to
the policy guide for the Comprehensive Land Use Plan the SAD should not
be applied where conventional zoning can be applied.
Ms. Horenburger stated she does not hear from the Commission
that any policy change has been made and, therefore, it should go back
to the P&Z Board.
Mr. Kovacs stated if there is no policy change and the question
is of use, then it was a recommended denial because of use. He would
ask that if the Commission is going to deny this because of use they not
require the applicant to spend additional money and review time.
Ms. Horenburger stated she does not feel it would be appropri-
ate for P&Z to totally disregard this, based on the Commission's policy.
It does not preclude them from discussing other possible options and
avenues and making a recommendation to the Commission.
Ms. Brainerd questioned if the City Attorney could explain the
difference between her existing motion which is to remand this back to
P&Z and a substitute motion, which she may make, to deny the ordinance.
The City Attorney advised that the existing motion would be a
direction for the P&Z Board to consider that which the applicant has
said he wishes to change, i.e., the Commission now wants the P&Z Board
to make a recommendation on a new set of facts. The Commission may or
may not consider that recommendation when it comes back to them. A
motion to approve the ordinance, and then the Commission voting No, ends
the question.
Dan Draper, representing Highland Beach Partners, stated that
in the staff report they recite the fact that the Commission turned down
resort-use types of activities. Also, that there was a consensus that
it was not the Commission's desire to provide a vehicle whereby current,
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non-conforming uses along A-1-A could have an opportunity to apply for
conditional use approval and upgrade their property beyond that provided
under the non-conforming provisions of the Zoning Code. Mr. Draper
stated that by using this vehicle of the SAD, this is exactly what the
petitioners are doing in this particular instance. They are using the
SAD in order to bring it out from the non-conforming use and bring it a
more intense use than is permitted.
Upon question by Ms. Brainerd, the City Attorney advised he
does concur with what was just stated.
Ms. Brainerd made a substitute motion to deny Ordinance No.
9-89. Said motion DIED for lack of a second.
Vice-Mayor Weatherspoon stated he feels the applicant has the
right to make sure that he has explored every avenue. He does not have
a problem with the P&Z Board looking at this as it does not mean they
will recommend SAD.
Ms. Horenburger moved to send this back to the P&Z Board. Said
motion DIED for lack of a second.
Upon question, the City Attorney advised this item is essen-
tially amounting to a motion to table. The item has not been voted
upon, nor has it been removed from the agenda. It would arguably carry
over to the next regular agenda and would need to be brought off the
table by an appropriate motion.
6. March 14th Meeting Cancellation. Ms. Brainerd questioned if
there is a way to move Item 6 up on the agenda to allow the audience to
know when their next regular meeting will be. The City Attorney advised
it would just take a motion to modify the agenda.
Ms. Brainerd moved to modify the agenda to make Item 6, Item
1.A., seconded by Ms. Horenburger. Upon roll call the Commission voted
as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor
Weatherspoon - Yes. Said motion passed with a 3 to 0 vote.
1.A. March 14th Meeting Cancellation.
Vice-Mayor Weatherspoon suggested that they should go ahead and
have the meeting next week as there are so many things going on.
Ms. Horenburger moved to have a regular meeting on March 14th,
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Vice-Mayor
Weatherspoon - Yes. Said motion passed with a 3 to 0 vote.
Vice-Mayor Weatherspoon declared a recess the time being 8:20
P.M. The meeting was reconvened at 8:25 P.M.
Mayor Campbell arrived at this time and took the chair.
2. Ordinance No. 12-89. Ordinance No. 12-89, establishing a $35
fee to repair or replace minor components, is before the Commission for
consideration on First Reading. If passed, Public Hearing will be held
March 28th.
The City Manager presented Ordinance No. 12-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA-
TIONS'', CHAPTER 150, "BUILDING REGULATIONS", "BUILDING
CODE", SECTION 150.016, "AMENDMENTS AND ADDITIONS TO
CODE", SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES",
PARAGRAPH (c), BY ENACTING A NEW SUBPARAGRAPH 107.4
(c)XI, "CHANGE-OUT PERMITS"; AMENDING TITLE XV, "BUILDING
REGULATIONS" , CHAPTER 155 , "ELECTRICITY" , "PERMIT AND
INSPECTIONS", SECTION 155.18, "PERMIT FEES', BY ENACTING
A NEW PARAGRAPH 155.18(D); AMENDING TITLE XV, "BUILDING
,,
REGULATIONS , CHAPTER 157, "GAS CODE", SECTION 157.02,
"AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 113.4,
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"SCHEDULE OF PERMIT FEES", BY ENACTING A NEW PARAGRAPH
113.4 (d); AMENDING TITLE XV, "BUILDING REGULATIONS",
CHAPTER 160, "MECHANICAL CODE" , SECTION 160.02, "AMEND-
MENTS AND ADDITIONS TO CODE", SUBSECTION 106.3, "SCHEDULE
OF PERMIT FEES", BY ENACTING A NEW PARAGRAPH 106.3(C);
AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 161,
"PLUMBING CODE", SECTION 161.02, "AMENDMENTS AND AD-
DITIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT
FEES", BY ENACTING A NEW PARAGRAPH 113.4(d) TO PROVIDE
FOR CHANGE-OUT PERMIT FEES IN THE AFOREMENTIONED CHAP-
TERS; PROVIDING FOR CERTAIN EXEMPTIONS; 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. 12-89
on First Reading, subject to the modifications made at the workshop
meeting (held prior to this meeting), seconded by Ms. Brainerd. Upon
roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 4 to 0 vote.
Before roll call the following discussion was had:
The City Attorney suggested that the caption of the ordinance
be modified to state "to provide for change-out permit fees and certain
fee exemptions"
Upon question by Mayor Campbell, the City Attorney advised
there was a consensus by the Commission at the workshop portion of this
meeting that they wished to adopt the ordinance with this reference.
Between first and second reading, the administration will get a proposal
to provide an exemption from any fee whatsoever, for certain improve-
ments under a certain cost, the amount of which will be determined by
staff.
At this point the roll was called to the motion.
3. Ordinance No. 14-89. Ordinance No. 14-89, rezoning property
located on the east side of S.W. 5th Avenue between W. Atlantic Avenue
and S.W. 1st Street from RM-6 to General Commercial (GC), is before the
Commission for consideration on First Reading. If passed, Public
Hearing will be held March 28th.
The City Manager presented Ordinance No. 14-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN GC (GENERAL
COMMERCIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING
IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY
BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED
ON THE EAST SIDE OF S.W. 5TH AVENUE, APPROXIMATELY 200
FEET SOUTH OF ATLANTIC AVENUE; AND AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1983"; 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. 14-89
on First Reading, seconded by Ms. Horenburger. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
4 to 0 vote.
4. Ordinance No. 15-89. Ordinance No. 15-89, prohibiting circuses
and carnivals within the City, is before the Commission for considera-
tion on First Reading. If passed, Public Hearing will be held March
28th.
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The City Manager presented Ordinance No. 15-89:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULA-
TIONS'', CHAPTER 114, "AMUSEMENTS", BY REPEALING CHAPTER
114, "AMUSEMENTS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 114, "AMUSEMENTS", SECTION 114.01, "PROHIBITION
OF CIRCUSES AND CARNIVALS"; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC-
TIVE DATE.
The City Attorney read the caption of the ordinance.
The City Manager advised this ordinance came at the request of
the Police Department and he asked the City Attorney to prepare it for
discussion and first reading this evening.
Mr. Weatherspoon stated he thought they already had an ordi-
nance on the books which prohibited circuses and carnivals.
The City Attorney advised they did have a prohibition which was
verbatim that which is before the Commission in Ordinance No. 15-89.
There was discussion at the time of the recodification of the Code that,
because they had permitted a number of circuses, there should be some
licensing standards in the Code by which they should be judged. Based
upon that, when the recodification came out, those licensing standards
were substituted for the prohibition. It would no longer come before
the Commission to permit such an activity, unless it were to occur on
City property. If the Commission wants to go back to the methodology
they had before, the enactment of this Ordinance would prohibit circuses
and carnivals in the future and they would be subject to the waiver
provisions of the Code.
Mr. Weatherspoon stated he does not ever recall discussing this
and he feels it should have been a policy decision whether or not they
wanted to change it.
The City Attorney advised there was a summary memo transmitted
in June of 1987 which should have been distributed to the Commissioners.
The summary was done by American Legal Publishing Corporation and
outlined the things which they had done and why they recommended they be
done.
Upon question by Mayor Campbell, the City Attorney advised
under the Code, as it exists now, no permission from the Commission is
necessary. Mayor Campbell stated he feels it should have come to the
Commission and then they could have debated it and determined where they
wanted it to go. The City Attorney stated that would be a different
ordinance than the one before them; this one is a flat prohibition.
Ms. Horenburger moved for the adoption of Ordinance No. 15-89,
seconded by Ms. Brainerd.
Mr. Weatherspoon stated he agrees that they need a process in
which they can have some input into where the carnival should go.
However, he does not feel they need to prohibit them. Mayor Campbell
stated he agrees with Mr. Weatherspoon that he does not want to totally
ban them. He would make them more like a conditional use approval and
if that is acceptable, he is willing to pass this tonight.
The City Attorney advised they could do this; however, his
concern is that there needs to be some objective criteria by which they
approve or deny these kinds of permits.
Ms. Brainerd stated after talking to the organizer of the
carnival she found out that he had gone above and beyond the require-
ments as they exist in their permitting process. This totally turned
around her opinion and she believes, that with proper input that the
Commission defines, it can be a process of staff. Therefore, it would
be an objective criteria and would not have to come back before the
Commission. She will support it either way, whether they go back to the
way it was and it is a conditional use that is reviewed by them, or if
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they set up the guidelines, make the restrictions and let staff enforce
them.
Mayor Campbell suggested they amend the ordinance to make it
unlawful to operate a carnival or circus within the City without approv-
al of the City Commission, according to guidelines formulated by that
body. The City Attorney advised that is acceptable and they can make
the change tonight.
Ms. Horenburger amended her motion as suggested by Mayor
Campbell, Ms. Brainerd amended her second. Upon roll call the Commis-
sion voted as follows; Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote.
Before roll call the following discussion was had:
Phil Douglas, 534 Sandpiper Circle, organizer of the carnival,
stated the ordinance, as it stands now, is a bad ordinance and allows
anyone to set up anything they want. They called in for a fire inspec-
tion, certificate of insurance and ride inspections even though they
were not required.
John Tyson, 614 N.W. 2nd Street, representing the American
Legion, stated they have had carnivals before and hopes that the Commis-
sion consider not banning them.
At this point the roll was called to the motion.
SPECIAL AGENDA
5. Carver Estates Security Request. The Commission is to consider
giving direction following the workshop discussion.
Mayor Campbell stated that he presumes that following their
workshop meeting they came to a consensus.
Mr. Weatherspoon moved to approve the consensus which was
reached at the workshop meeting, seconded by Ms. Brainerd. Upon roll
call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 4 to 0 vote.
Ms. Brainerd stated that before Mayor Campbell arrived they had
suggested some items from the workshop agenda could be removed and
placed on the agenda next week. Those items were 8, 9, 11, 12, 15, 16,
and 17.
Ms. Horenburger moved to amend the workshop agenda to postpone
Items 8, 9, 11, 12, 15, 16 and 17, seconded by Ms. Brainerd.
The City Manager advised that Mr. Kierstein is present tonight
for discussion on Item 12.
Ms. Brainerd made a substitute motion to amend the workshop
agenda to postpone Items 8, 9, 11, 15, 16 and 17, seconded by Ms.
Horenburger. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp-
bell - Yes. Said motion passed with a 5 to 0 vote.
7. Old School Square Construction Design Contract. At the Work-
shop Meeting the City Manager requested that this item be postponed.
8. Setting Date and Time for Meeting to Canvass Returns and
Declare Results of March 14, 1989 Election. The Commission is to
consider setting a date and time to canvass the returns and declare the
results of the March 14, 1989 Election.
Ms. Horenburger moved to set Thursday, March 16, 1989, at 12
Noon, seconded by Mr. Weatherspoon. Upon roll call the Commission voted
as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon
- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
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9. Unisys Settlement Offer. The City Attorney advised he thought
he would have some information tonight; however, it has not material-
ized. Therefore, they should postpone this item.
10. Appointment to Human Relations Commission - Mayor Campbell's
Appointment for term March 15, 1989 to March 15, 1991.
Mayor Campbell advised that Mr. Watsky is doing some interviews
and requested a postponement for one more week.
11. Appointment to Human Relations Commission - Commissioner
Horenburger's Appointment for term March 15, 1989 to March 15, 1990.
Ms. Horenburger moved to appoint Bob Ferrell to the Human
Relations Commission, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
4 to 0 vote.
12. Site Plan Approval R & N Enterprises. The Commission is to
consider approval of site plan for construction of an 18,096 square foot
and a 15,221 square foot office complex on property located on the east
side of Congress Avenue between West Atlantic Avenue and Lake Ida Road,
just north of the Exxon Station.
Mr. Weatherspoon moved for site plan approval for R & N Enter-
prises, subject to Standards A-J of the Site and Development Standards
and subject to Technical Items 1-7 contained within the staff report,
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
12.A. Appointment of a Member to the Delray Beach Housing Authority.
The Commission is to consider the appointment of Richard A. Mildner for
a term ending July 14, 1992.
Ms. Horenburger moved to appoint Richard A. Mildner to the
Delray Beach Housing Authority to a term ending July 14, 1992, seconded
by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 4 to 0 vote.
CONSENT AGENDA
The following items were considered by the Commission as the
Consent Agenda:
13. Affixing a Street Name - Owens Baker Road. The Commission is
to consider affixing a street name to an unnamed dirt road west of Davis
Road and south of the Sudan subdivision.
14. Langton Consulting Contract. The Commission is to consider an
agreement between the City and Langton Consulting for grant writing
services.
15. Settlement Offer, NCNB Foreclosure on Liened Property. The
Commission is to consider a settlement offer in a foreclosure action
against property located within the City, which is subject to Nuisance
Abatement liens imposed in the amount of $5,894.22. The City Attorney's
Office recommends acceptance of the offer in the amount of $1,700.
16. Award of Bids and Contracts:
A. Industrial Pretreatment Program - Final payment to the South
Central Regional Wastewater Treatment and Disposal Board in the
amount of $84,971.88 with funding from Water and Sewer Project
Reserve Account #441-9111-581-90.44 ($30,000) and from Operat-
ing Share Account #441-5142-536-33.36 ($54,971).
Ms. Horenburger moved to approve the Consent Agenda, seconded
by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms.
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Brainerd - Yes; Ms. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 4 to 0 vote.
17.A.1. Mr. Weatherspoon stated, with regard to Item 16, he noticed in
the backup material that the amount was approximately $95,000. However,
in this agenda it is listed as $84,971.88. He questioned if they need a
substitute motion to authorize the transfer of up to $95,000.
The City Manager stated the intent was only to pay the bill for
Camp, Dresser and McKee and there will be additional requests coming in
under separate items.
17.A.2. Ms. Horenburger stated she is still in touch with Haney Frakes
from the County Engineering Office regarding Swinton Avenue. Boynton
Beach is supposed to send a resolution and Delray Beach also needs to
prepare one to send to the County regarding taking back Swinton Avenue.
17.A.3. Ms. Horenburger stated she had hoped to have a report on some
of the Growth Management issues which were discussed at the 1,000
Friends of Florida Conference. She outlined some of the issues and
advised she will get a full typed report prepared.
17.A.4. Ms. Brainerd stated the Commission had a request to speak last
night at a candidates forum which also would have put them in the same
room as an incumbent Commissioner running for re-election. Apparently
there is an Attorney General's opinion which states that this is not
acceptable behavior in light of the Sunshine Law. She would like the
City Attorney to interpret that ruling and give his opinion on how that
affects future invitations.
The City Attorney advised there does exist an Attorney Gener-
al's opinion to that effect with which he disagrees. However, it stands
for the proposition that it constitutes a public meeting for them, as
incumbents, to attend a candidates forum where another incumbent who is
running for re-election speaks about any City business upon which they
may in the future be required to discuss and vote upon. He personally
feels the Attorney General went way overboard on this interpretation.
His own opinion is that the Commission can resolve this by having it
declared a meeting, post a notice and invite the public.
Mayor Campbell suggested, if it is the consensus of the Commis-
sion, that they ask for a new opinion. The Commission concurred.
The City Attorney advised he will draft an opinion request,
circulate it to the Commission to see if there is anything they want to
add to it and if he hears nothing he will send it out in a week.
17.A.5. Mayor Campbell stated that in the Manager's Report he indicated
that it looks as though they can do East Atlantic Avenue this summer.
The City Manager advised that, realistically, they should be in the
ground by July. Mayor Campbell requested that the City Manager give
them a report and keep them informed weekly as to the progress.
17.B. There were no Non-Agenda items by the City Attorney.
17.C. There were no Non-Agenda items by the City Manager.
Mayor Campbell declared the meeting adjourned at 9:06 P.M.
· ~ City ~lerk --
ATTEST:
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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 7, 1989, which minutes were formally
approved and adopted by the City Commission on ~.~ /~/~.
City 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.
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