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10-16-89SpMtg OCTOBER 16, 1989 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 Commission Chambers at City Hall at 5:30 P.M., Monday, October 16, 1989. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd 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. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Finalization of Bond Referendum Measures. 1. Mayor Campbell stated that due to the error which was made in the publication of the notice with regard to the Bond, and in order to continue with the holding of the public referendum, they will need an alternate resolution as per the recommendation of staff and their Bond Counsel. The caption of Resolution No. 77-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 70-89 AND RESOLUTION NO. 76-89; PROVIDING HEREIN IN LIEU OF'SUCH RESOLUTIONS FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE (A) ACQUISITION, CON- STRUCTION, RECONSTRUCTION AND EQUIPPING OF CERTAIN FIRE FACILITIES TIN THE PRINCIPAL AMOUNT OF NOT EXCEEDING~ $5,180,000, (B) ACQUISITION, CONSTRUCTION AND RECONSTRUC- TION OF CERTAIN STREET, SIDEWALK, ALLEY, RIGHTS OF WAY, DRAINAGE AND BEAUTIFICATION PROJECTS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $11,207,000, (C) ACQUISITION, CONSTRUCTION AND EQUIPPING OF IMPROVEMENTS TO CERTAIN RECREATIONAL AND CULTURAL FACILITIES IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $4,605,000,' AND (D) THE ACQUISI- TION AND CONSTRUCTION OF VARIOUS NEIGHBORHOOD IMPROVEMENT PROJECTS 'IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $500,000; CALLING FOR A BOND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY OF DELRAY BEACH TO BE HELD ON NOVEMBER 21, 1989, AS TO WHETHER GENERAL OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE ISSUED; AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 77-89 is on file in the official Resolution Book) Mayor Campbell stated they have to make two decisions based upon the blanks contained in this resolution. The first is on Page 3, Section 2, relative to the date Of the referendum. David Nathanson, representing the ExeCutive Committee of Citizens for Excellence, stated that in light of the events of the past week, the Citizens for Excellence PAC wishes to make the following report and recommendations to the Commission. (1) Contrary to some statements in the press, this Committee is not discouraged, but actually encouraged in its efforts to further the passage of the Bond Referendum. They feel that the full momentum has not been lessened and the addition- al time will give the Committee a more frequent opportunitY to meet with the voting public and convince them of the virtues of the Bond Referendum. (2) They urge the Commission to select a new voting date at the earliest possible time in November. The City Attorney advised that any time after the 19th of November would be legally acceptable. Ms. Brainerd moved to reschedule the Bond Referendum for Tuesday, November 21, 1989, seconded by Ms. McCarty. Mayor Campbell suggested, that by consensus, they insert this date in the Resolution and they can then pass the Resolution with that date. Mayor Campbell stated the next blank in the Resolution is on Page 5, Section 9, relative to the publication in a newspaper of general circulation within the City. It had been published in the Delray Beach News and he suggested they publish it again in the same paper. The Commission concurred. Ms. Brainerd moved for the adoption of Resolution No. 77-89, 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. Upon question by Ms. McCarty, the Interim City Manager advised that by Friday they will have a document which not only relates what they will be doing internally, but also externally with regard to the newspaper to make sure they do not have a reoccurrence. Ms. McCarty stated that when that policy is put together, she hopes that in addition to clipping the notice from the paper, they will also check for accuracy. The Interim City Manager advised that he discussed this with Mr. Winke from the Delray Beach News, and the policy will be to deliver the notices on floppy discs. He feels this will eliminate any problems in the future. Upon question by Ms. McCarty with regard to the money allotted for advertising, the Interim City Manager advised the money was allocat- ed for the purpose of doing a flier to be mailed to each registered voter. Ms. McCarty stated she thought it was going to be sent to each taxpayer. The Interim City Manager stated he believes the recommenda- tion of Mudge Rose was that legally they should be addressing it to those who would be making the decision, i.e., the registered voters. Ms. McCarty stated she thought the Commission discussed the possibility of also addressing the taxpayers. The Interim City Manager stated he believes it was discussed; however, it was not the consensus position. Ms. McCarty questioned if they could get a consensus so that when the flier goes out he would have clear direction as to whether it is going to be the registered voters and/or the taxpayers or just the registered voters. Mayor Campbell suggested they should conform to the appropriate democratic standard which is always the electorate. Ms. McCarty stated they did agree that they would print an informational display ad with the three questions and when the vote would be held. The Interim City Manager advised when they have their final tally, they will do this in each of the newspapers of general circula- tion within the community. Ms. McCarty requested that, as soon as they have an idea of the money to be expended, the Commission receive something to notify them of how the $15,000 is being allotted and what it is being used for. Mayor Campbell declared the meeting adjourned at 5:40 P.M. -2- 10/16/89 City C%erk ATTEST: MAYOR 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 October 16, 1989, which minutes were formally approved and adopted by the City Commission on~~F~ 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. -3- 10/16/89