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02-23-88
397 FEBRUARY 23, 1988 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak So Campbell in the Commission Chambers at City Hall at 7:06 P.M., Tuesday, February 23, 1988. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Marie Horenburger Also present were - City Manager Walter O. Barry and Assistant City Attorney Jeffrey Kurtz. 2. The opening prayer was delivered by Reverend Charles Cardin, Grace Fellowship Church. 3. The Pledge of Allegiance to the flag of the United States of ~merica was given. 4. Mayor Campbell presented a proclamat!~:n proclaiming the month of March, 1988, as "Living Well in Delray Be~ch Month". Joe Weldon, Director of Parks and Recreation, came forward to receive the proclama- tion in addition to informing everyone present of the Wellness Program and others offered by their department. They are working closely with Florida Atlantic University and the local hospitals in developing a program to fit each individual need or activity. 5. The City Manager stated he had received a note from Mr. Jackman's attorney requesting that Item No. 18 be deleted from the agenda. Mayor Campbell advised in order for t~at item to be placed on the agenda at a later date, it will be necessar)~ for a unanimous approv- al by the Commission. Mrs. McCarty requested tkat Item No. 9 be removed from the Consent Agenda and placed as the fi£st item on the Regular Agenda. Mr. Dougherty moved to approve the Agenda, deleting Item No. 18 and removing Item No. 9 from the Consent Agenda and placing it as the first item on the Regular Agenda, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - 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: 6. Knights of Columbus Solicitation - "Tootsie Roll Drive" The Commission is to consider a request from the Trinity Council, Knights of Columbus, to conduct a charitable "Tootsie Roll Drive" on March 4th and 5th, 1988, with solicitations to be from patrons of store fronts throughout the City. Approval is recommended. 7. Ratification of SCRWTD Board Approval - Hazen and Sawyer, Engineers - Amendment-to existing Contract. The Commission is to consider ratification of an amendment to an existing engineering serv- ices contract between Hazen and Sawyer, Engineers and the SCRWTD Board. The Boynton Beach City Council approved the amendment at their February 2nd meeting. Approval is recommended. 8. Water Service Agreement - 104 Coconut Road. The Commission is to consider approval of a water service agreement between the City and the owner of the property at 104 Coconut Road. This parcel is located in an enclave that has an existing water main. Approval is recommended. 398 Mr. Dougherty moved to approve the Consent Agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. 'Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 9. Inventory List of Surplus Property. The Commission is to consider approval of an inventory list of surplus property prior to advertising and auction to take place on a Saturday .in late March or early April. Approval is recommended. Mrs. McCarty questioned if some of the City-owned miscellaneous equipment is needed in City Hall, opposed to purchasing new. The City Manager advised that several departments have made requests and these items have been transferred to them. The policy declaring an item as surplus will be refined later in the year by a procedure from the. Purchasing Department, but at this time he feels satisfied the list is appropriate and ready for action. Mrs. McCarty moved to approve the inventory list of surplus property for advertising and auction, seconded bY Mr. Weathersp~on. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Resolution No. 10-88. Resolution No. 10-88, requesting that the State Legislature .utilize certain funds in the State Infrastructure Trust Fund for matching grants to local governments, is before the Commission for consideration. Mayor Campbell stated there is a different format in the agenda, as printed, in that there is no explanation on it. The City Manager has submitted to the Commission a memorandum explaining each item in detail. He suggested the City Manager cot ~-~ each item as it comes before the Commission. The City Manager stated Resc~ution Nc. 1 a resc~ ~ion urging the Florida State Legislature ~o ~tilize thc ~ '~turc~ ~ust Fund for matching grants to local gc;ernments. ~ -~t~ ~,,c~ be used to assist in meeting infrastructure requirer~ ~ ~et ~c_~n~ by State Statute which requires comprehensive development plans and identi- fication of funding for capital improvements in the future. This reso- lution has been adopted in several other communities in the Palm Beach area. The City Manager presented Resolution No. 10-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE STATE LEGISLATURE UTILIZE CERTAIN OF THE FUNDS IN THE STATE INFRASTRUCTURE TRUST FUND FOR MATCHING GRANTS TO LOCAL GOVERNMENTS TO ASSIST IN MEETING THE REQUIREMENTS FOR INFRASTRUCTURE AS SET FORTH IN SECTION 163.3177, FLORIDA STATUTES, RELATIVE TO REQUIRED COMPREHENSIVE DEVELOPMENT PLANS; AUTHORIZING THE CITY CLERK TO FURNISH COPIES OF THIS RESOLUTION TO THE LEGISLATIVE DELEGATION OF PALM BEACH COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, THE MUNICIPALITIES WITHIN PALM BEACH COUNTY, THE GOVERNOR AND CABINET OF THE STATE OF FLORIDA, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 10-88 is on file in the official ~olution Book) Mr. Weatherspoon moved for the adoption of Resolution No. 1~ $, seconded by Mr. Dougherty. Upon roll call the Commission voted a~ ~ollows: Mr. Dougherty - YeS; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: -2- 2/23/88 399 Upon question by Mr. Weatherspoon as to whether or not anyone knows if the legislators will favor this, the City Manager stated he feels this is an initial way to make the public aware there is a gap between the infrastructure needs and the City's ability to fund these needs. It will also draw the attention of the Legislature to the Infrastructure Trust Fund, which is a source of revenue for them. He does not have a feeling as to the outcome, but it is a beginning. Mr. Weatherspoon requested a copy of this resolution be sent to the FLC in the hope their support will be gained and perhaps their lobbyists will work on behalf of the City in regard to this. At this point the roll was called to the motion. 11. Resolution No. 11-88. Resolution No. 11-88, approving an application for a Florida Inland Navigation District (FIND) grant to renovate the 10 finger piers at the Delray Beach Municipal Marina, is before the Commission for consideration. The City Manager stated this is a 50/50 matching grant to fund the renovation of the finger piers at the Delray Beach Marina. An inspection was conducted recently by Coastal Planning and Engineering, Inc., who issued a report in January. The project is expected to cQst a total of $150,000 and the City will be applying for 50/50 matching funds. He stated the cash balance identified in the memorandum was not accurate. He proposes the resolution be approvgd as submitted and in the event it is a success, staff will return to the Commission with another resolution accepting the grant and at that time he will have available a matching source of funds to draw fr~m. The City Manager presented Resolution No. 11-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING GRANT ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT GRANTS TO LOCAL GOVERNMENTS PROGRAM FOR THE RENOVATION OF THE DELRAY BEACH MUNICIPAL MARINA. (Copy of Resolution No. 11-88 is c:~ file in the official Resolution Book) Mr. Dougherty questioned if this wc~21d be a good time to consider raising the rates for rentals at the marina. The City Manager stated that will be one of the options. The rates are designed to cover all the capital and operating expenses and if found that it is necessary to revisit the existing rates to accelerate the pay back period, this is what will be done. Mr. Dougherty moved for the adoption of Resolution No. 11-88, subject to a review of the rates and proper adjustment of the net value of the Trust Fund, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Joe Weldon, Director of Parks and Recreation, stated that with the installation of the new finger piers, the marina has basically been rebuilt with the exception of the building that serves for showers and restrooms. Last year the electrical standards were updated and the new seawall was installed. At this point the roll was called to the motion. 12. Ordinance No. 7-88. Ordinance No. 7-88, amending the Zoning Code by deletion of "posting" requirements for rezonings, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 8, 1988. The City Manager presented Ordinance No. 7-88: -3- 2/23/88 400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-23 "REZONING REQUESTS", BY REPEAL- ING SUBSECTION (B) "PROCEDURES", SUBPARAGRAPH (2) (d) IN ITS ENTIRETY IN ORDER TO DELETE THE POSTING OF NOTICE REQUIREMENT ASSOCIATED WITH THE REZONING OF PROPERTY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 7-88 on First Reading, seconded by Mrs. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - No; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty stated he feels this is a dangerous move and is not in favor of deleting the "posting" requirements. If the annexation process is moved forward properly, everyone has an opportunity to be aware of what is happening. Mr. Weatherspoon concurred and requested an opinion from Staff. The City Manager stated as there are approximately 1700 parcels, involved in the Enclave Act, he feels this might be somewhat cumbersome. David Kovacs, Planning Director, stated a letter is sent to every property owner thirty days prior to a Public Hearing at City Commission level. A letter is sent to every property owner and those within 500 feet of an enclave ten days prior to the First Public Hearing by the P&Z Board on zoning in addition to an advertisement in the newspaper for the P&Z Zoning Hearing. There will be four consecutive ads, with maps, in the legal section before the Commission has its Second and FINAL Reading and a one-quarter page ad to advertise eac~ group that comes before the Commission. The "posting" requires a post with a sign on each individual piece of property. For example, in a subdivision like Delray Shores, 750 posts with signs will need to be installed. Upon question by Mr. Weatherspoon, the City Manager stated the intent is to waive the "posting" requirements only for the parcels involved in the Enclave, not for all parcels. Assistant City Attorney Kurtz advised this can be done by waiving the requirement by policy, rather than by ordinance. Mr. Kovacs stated he would not feel comfort- able with a waiver opposed to an ordinance change due to possible litigation threats or proposals. Mayor Campbell questioned if it would be possible, with regard to subdivisions and/or condominiums, to alter the code by limiting the "posting" to a minimum number of access points. Assistant City Attorney Kurtz advised the "posting" can be limited in any manner, as it is not required by State Statute. The City Manager stated the Staff recommend- ation is that the ordinance be deleted requiring "posting" in order to avoid a situation where it could subsequently be challenged by using a waiver provision. If the Commission is not comfortable with that, he feels the code should be complied with. Upon request by Mrs. McCarty, Mr. Kovacs stated he would be able to provide information relative to other municipalities that have this ordinance. He also stated with regard to a variance, a conditional use and situations unique to the zoning code, "posting" is required; but with rezoning it is totally discretionary. The City Manager stated the intent of the Staff is to do nothing more than facilitate implementation of the Enclave Act. At this point the roll was called to the motion. 13. Ordinance No. 8-88. Ordinance No. 8-88, enacting the annexa- tion and zoning as Specialized Commercial (SC) for the Mazda Dealership -4- 2/23/88 401 and associated property located northwest of the intersection of LaMat and Federal Highway, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 22, 1988. The City Manager presented Ordinance No. 8-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE NORTH SIDE OF LA MAT AVENUE, BETWEEN U.S. HIGHWAY NO. 1 AND OLD DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL) DISTRICT; PROVID- ING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 8-88 on First Reading, seconded by Mrs. McCarty. Upon roll call the Con)mis- sion voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Manager stated this is an ordinance enacting the annexation and zoning as SC for the property k?own as the Mazda Dealer- ship and associated property northwest of La~iat and Federal Highway. This item is not a consideration of the site plan itself. This item was passed at the P&Z Board meeting last evening and Second Reading of the ordinance at a Public Hearing will be scheduled for March 22, 1988, should the Commission act favorable on the First Reading. Upon question by Mrs. McCarty, the City Manager stated the objections of the property owner to the north entailed the loss of right-of-way and the possibility of sharing the improvements of an existing right-of-way between the two propertie~. Mr. Kovacs stated those conditions ~re associated with the Conditional Use request for expansion of the ~azda Dealership in the site plan. Mr. Dougherty questioned why Mr. Saberson requested 'to have this reheard. Mr. Kovacs stated at P&Z level, there is no requirement to advertise or submit a legal description to the newspaper. When the notice appeared in the paper, a short legal description was omitted and Mr. Saberson felt it should be readvertised even though it is not required. Upon question by Mr. Dougherty, Roger Saberson, 110 E. Atlantic Ave., stated the advertisement is required for conditional use, but not for rezoning. The property was described in the newspaper as being a portion of Block 13, when in fact it includes Blocks 13, 14 and Block 2. It was felt, to make the ad accurate, it should be a correct reference to the property. Mr. Dougherty stated, on Page 263 of the Zoning Code, Item (D), STANDARDS FOR EVALUATING REZONING REQUESTS, he sees no particular re- sponse to the 17 questions. The City Manager stated there was extensive Staff work done before the P&Z Board and he did not include the P&Z packet, but those requests were identified specifically in the P&Z Report. Mr. Dougherty objected to the exclusion of that information, as the Commission makes the final decision on these matters. Mrs. McCarty advised that this matter was discussed previously and staff was directed by the Commission to have these items made available to them. Mr. Dougherty questioned, with reference to Question No. 7, if the change will adversely influence living conditions in the neighbor- hood. Mr. Kovacs advised that .it will not. The change involved is destroying substandard dwelling units that have been used for illegal habitations. -5- 2/23/88 402 Mr. Dougherty, referring to Item No. 13, questioned if this change will constitute a grant or special privilege to an individual owner as contrasted with public welfare. He also questioned if the City is conveying property that is now public land. Mr. Kovacs advised it is not a part of the annexation and rezoning action. The alleys have been vacated through previous action by the County, along with Avenue G and the vacating of Dixie Boulevard will be before the Commission when it needs conditional use and site plan approval. The City Manager stated the building of Avenue F is not a sure thing, but this allows an option in the future if the City feels it will be advantageous to do so. This would provide a connector between Dixie Highway and Federal Highway. Mr. Dougherty, referring to Item No. 16, questioned if it is impossible to find other adequate sites in the City for the proposed use in zoning districts allowed for such 'use. Mr. Kovacs stated it is not impossible but highly improbable as it is the City's policy not to rezone to SC. The area that allows the use of areas zoned SC or those that could be allowed, is between the one way pair system of Federal Highway. Mr. Dougherty stated with the public disapproval that has been voiced with regard~to automobile dealerships over the past two year~, he feels this could be better located. Mr. Kovacs explained this is an expansion of an existing dealership, which would involve abandonment and relocation. Mayor Campbell questioned what the county zoning for the property is now and is the zoning being changed or just coming into the City as a compatible zoning. Mr. Kovacs stated it is presently zoned GC in the County, with a previous exemption to allow an automobile dealer- ship and expansion. The only equivalent in the City is SC. Mayor Campbell stated if it is annexed, it must be given a SC zoning. At this point the roll was called to the motion. 14. Congress Avenue Road Widening Project. The Commission is to consider an agreement with Palm Beach County for adjusting utility lines along Congress Avenue from Atlantic Avenue north to the L-30 Canal. Funds are available in the Water and Sewer Renewal Replacement Reserve. The City Manager stated this is in conjunction with the Coun- ty's construction project between the L-30 Canal and Atlantic Avenue. A project such as this involves utility conflicts and in order to expedite the process, agreements are provided where adjustments need to be made. An onsight contractor, under City supervision, can make the adjustments at the rate quoted. This agreement is approximately $99,510, half of which is known conflicts and the other half covers reasonably expected conflicts that may arise. Funding is available in the Water and Sewer Renewal Replacement Account. Mrs. McCarty moved for approval of the agreement, seconded by Mr. Weatherspoon. Mr. Weatherspoon questioned why the County is not required to include this in their cost as an improvement to the area. Gerald Church, Director of Engineering, stated Congress Avenue is a County Road and any County Road where a utility is installed, a permit is required. One of the conditions of that permit is if there is a future conflict, the owner will be responsible for relocation since it is located in their right-of-way. The Assistant City Attorney stated their office is advising that one additional paragraph be added concerning insurance, making it mandatory for the Contractor to name the City of Delray Beach as an additional insurer. Mrs. McCarty amended her motion to include the additional paragraph, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -6- 2/23/88 4O3 Before roll call the following discussion was had: Mr. Dougherty questioned what procedure will be followed if the County is not agreeable. Assistant City Attorney Kurtz advised it would come before the Commission again. The purpose is to avoid being named in a lawsuit if something should happen. Mr. Church stated the County is awarding the contract now, but could conceivably defer getting underway. If there is a problem, it may be that this can be one of the qualifications if it can be incorporated into the Contract. At this point the roll was called to the motion. 15. Cason Cottage - Award of Contract. The Commission is to consider an Award of Contract to First Construction Company, Inc., in the amOunt of $30,915 for renovation of the Cason Cottage, located on the N.E. corner of N.E. 1st Street and Swinton Avenue. The City Manager stated this item involves award of a contract for property owned by the City that has been advertised for two alterna- tive bids. One was for a simple rehabilitation and the other for historic property renovation. Staff is recommending the historic renovation option to First Construction Company, Inc., in the amount of $30,915. Mr. Dougherty moved for approval of award of contract, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 t© 0 vote. Before roll call the following discussion was had: Mr. Dougherty questioned the removal of the concrete ramps into the parking area and the replacement with gravel. Mrs. Lula Butler, Coordinator of Community Development, stated the Historic Board pre- ferred to see the driveway in shellrock to reflect the original design of the structure. Mr. Kovacs advised the Historic Preservation Board has a broad hand of authority to grant variances in cases such as this. Upon question by Mrs. McCarty as to when the renovation will be completed, Mrs. Butler stated the pre-construction conference will be held within the next two weeks and the contract is ready to commence within thirty days. At this time the roll was called to the motion. Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Weatherspoon took the chair. 16. Dock Construction - Request for a Variance by Jeanne Stahl. The Commission is to consider a request for a variance by Jeanne Stahl, 1026 Seasage Drive, to allow an existing non-conforming dock to remain. The City Manager stated this item is a request for which staff is recommending denial of the variance, but that a 60 day extension be granted. A neighbor brought this to the attention of the City, due to a dispute relative to the construction of the dock and subsequently, the location. This seems to be a private matter that should be resolved by the two property owners. Assistant City Attorney Kurtz advised this originally came before the Code Enforcement Board and a stay of 60 days was granted, allowing the applicant to come before the Commission. If the Commission grants the appeal, it is not necessary for it to be reheard before the Code Enforcement Board. The City Manager stated he feels this is a private matter and suggested a delay of 60 days to allow the two parties to resolve the difference. Assistant City Attorney Kurtz advised this item is not a Board of Adjustment matter as this type of variance is called a modification in the City Code and is specifically reserved for the City Commission. The City Manager stated he feels this item should be postponed for two weeks since the applicant has not been properly notified. -7- 2/23/88 4O4 Mrs. McCarty moved to postpone this item for two weeks, second- ed by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 17. Acquisition of. Lot 13, Block 4, Del-Ida Park Subdivision - Development of a Cul-de-sac. The Commission is to consider a proposal for purchase of a parcel in the Del-Ida Park Subdivision for the purpose of allowing the City to develop a cul-de-sac at the corner of Swinton Avenue and Dixie Boulevard. The City Manager stated the City Attorney has negotiated with the owner of the property and an appraisal was made indicating $12,000 was a fair market price. This allows the City to go forward with plans the Commission may want to include in the capital budget for developing a cul-de-sac in that area and maintaining the integrity of the Del-Ida Subdivision. Assistant City Attorney Kurtz advised the terms of the agree- ment have been outlined in the City Attorney's letter dated February 12, 1988, to Mr. Gracey with a purchase price of $12,000, which is the appraised value. The Commission is to authorize the acceptance o~ the contract.' The owner will make an offer to sell to the City. Mr. Dougherty moved to approve the proposal for purchase, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 19. Waiver of processing fees for Conditional Use request for Restoration Unlimited. The Commission is to consider a request for waiver of processing fees of $385 for a conditional use request for Restoration Unlimited. The fee is used to pay direct costs including advertising· and mailing and indirect costs associated with processing the conditional use request. The Planning and Zoning Board Hearing on the Conditional Use will be held March 21, 1988. The City Manager stated that Restoration Unlimited will be a usage in the former Bill Wallace Nissan facility at 10th Street and Federal Highway and is a component of a substance abuse program. Individuals involved in rehabilitation programs will participate in a controlled work environment using newly-acquired mechanical skills to restore vehicles. The P&Z Board determined the vocation activity falls under the similarity of use provision and is allowed as a conditional use. The facility will operate under the auspices of a non-profit, tax exempt agency organized under Charter 501-C-3, a recognized United Fund Agency. The fee involved totals $385, which will be absorbed by the City should the Commission approve this. Mr. Dougherty questioned the order of approving the waiver of fees prior to allowing the conditional use. The City Manager stated the P&Z Board has not acted and the applicant has requested the waiver. The Commission is the only body who can approve this, based on the non- profit status. Mayor Campbell returned to the Commission Chambers at this time. Assistant City Attorney Kurtz stated there will be a Land Use Plan Amendment, Rezoning, a Subdivision Plat and in order to get initial action, fees must be paid upfront. Mr. Weatherspoon moved to approve the grant of waiver of fees in the amount of $385 for Restoration Unlimited, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 20. Currie Schneider Associates - Waiver of Rezoning and Subdivi- sion Fees. The Commission is to consider a request for waiver of processing fees for Rezoning in the amount of $825 and Subdivision Plat -8- 2/23/88 4O5 fee of $880 associated with City Land exchange with Ocean Properties located north of the Holiday Inn along A1A. The City Manager stated this is not a non-profit organization, but involves an exchange of property between the City and a landowner and, as a result, are asking for a share in the cost of the fees. The City, in return for transfer of property owned by the City to the Holiday Inn, and the property located north of the Holiday Inn and east of the Fire Station, will receive a 50 foot strip of land that extends from Andrews Avenue to A1A. This will be used to replace the parking lot presently located north of the property and will be transferred to the Holiday Inn. This transaction will increase the available parking from 24 to 44 spaces. The developer will pay the cost for constructing the parking lot. In order to accomplish this, a Land Use Plan Amend- ment, Rezoning and a Subdivision Plat are necessary. Ocean Properties will pay $1,100 for processing the Land Use Amendment and the Commission is requested to waive the Rezoning and Subdivision Plat fee. Mayor Campbell questioned if this action is solely concerned with the property that is subject to the City's future needs, or is it also going to affect the expansion property for private business. Mr. Kovacs advised it would benefit both. The applicant is providin~ all the legal descriptions and the monies realized from the Land Use Amend- ment Fees will more than cover the City's expenses. Mr. Dougherty moved to approve the request for waiver of fees, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Woodbrooke Condominiums - Request to allow a 10 foot hedge. The Commission is to consider a request for a Variance by Woodbrooke Condominiums, to allow a 10 foot hedge at the rear of the property located at 915-941 S. W. 20th Court. The City Manager stated this is a request from Woodbrooke Condominiums located at Congress Avenue and S.W. 20th Court for a variance to allow a perimeter hedge to extend t© a height of ten feet to act as a buffer to noise and trash pollution. This item came to the Commission from the Code Enforcement Board, who granted Woodbrooke 60 days to either prune the hedge to six feet or obtain a variance. City staff believes the increased height will not have an adverse impact on property in the area. It is adjacent to a heavily traveled thoroughfare which will be widened at some future poin~ and is a modification of the Landscape Ordinance and therefore would not affect the building walls between properties. Approval is recommended based on the specific site location and the specific item. Assistant City Attorney Kurtz stated this is another item that is not heard by the Board of Adjustment, but one the City Commission has the final word on. The criteria for making a decision is that it would not be feasible for them to comply with the requirements of the ordi- nance or it would constitute a hardship. Mrs. McCarty moved to approve the request, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated he feels there are many such violations located at various places in the City and is curious why this one has been singled out. The City Manager stated he was not informed with regard to the background of the citation, but suspects it was a visual violation by Code Enforcement personnel due to an unkempt condition. Based on the location of the property, without intending to/or estab- lishing a precedent, it is a violation of the Landscape Ordinance only and does not violate the Engineering Ordinance with regard to structure. At this point the roll was called to the motion. -9- 2/23/88 4O6 22. Total Prearrangement, Inc. - Agreement to Provide Mausoleum Facilities at Municipal Cemetery. The Commission is to consider approv- al of an agreement between the City and Total Prearrangement, Inc., to provide mausoleum facilities at the Municipal Cemetery. The City Manager stated Mr. Weldon has invited representatives from Total Prearrangement, Inc., to make a presentation. At the Commis- sion meeting on December 22, 1987, approval was given to this company to provide mausoleum facilities. This presentation will allow a view of their approach conceptually and, pending the approval of the Commission, policy, proposals and fees can be developed. Joe Weldon stated a pricing sheet was given to each Commission- er referring to crypts and niches of the mausoleum along with other pricing he would like to discuss after the presentation. The representatives presented an artist's conception of the proposed mausoleum and gave a detailed explanation of the inside and outside crypts. Upon question by Mrs. McCarty, it was .explained the building has a partial roof due~ to the extreme heat. If surrounding municipalities have a mausoleum totally under roof, they will be com- pletely air-conditioned. Mrs. McCarty questioned why the City coul4 not also have an air-conditioned mausoleum. The representative stated there is a definite cost situation and it was his understanding the City desired something the average person could afford. If the building is to be completely enclosed and air-conditioned, the cost would be approxi- mately 20 to 30 percent more to the public. Joe Weldon stated the Commission has a price sheet before them with comparable prices from Boca Raton and Boynton Beach. If the Commission approves the design, this is the price structure the Company will use to commence selling tomorrow. Upon question by Mr. Weather- spoon if staff is comfortable with the design and the proposal, Mr. Weldon stated he has become much more knowledgeable during the past two years and is satisfied with their professional judgement and opinion. He feels it will fit in well with the concept of what, hopefully, in the future will be called Delray Memorial Park. Mr. Weatherspoon questioned the input from surrounding funeral directors who will be using the mausoleum. The representatives assured him they have indeed been contacted and feel comfortable with it. Mayor Campbell stated even though this is not a Public Hearing, it is something that will affect the public for ~ long time to come, and if any citizen would like to come forward he would like them to feel free to do so. Leonard Syrop, a resident of High Point, questioned what the City's financial arrangement is with the project and who handles the future maintenance of the mausoleum. Mr. Weldon stated that the City has a contract and will receive 25% of the sales of crypts and niches and 20% of other goods and services. Total Prearrangement, Inc., must average $500,000 a year in gross sales after the fourth year of the contract or it can be cancelled. With regard to maintenance, there is a minimum amount with the roof being the main item to be replaced and there is a guarantee of twenty years on that. The Parks and Recreation department will maintain the facility. Sam Schwimer, Pines of Delray, questioned what affect the lack of air-conditioning will have on the remains. A representative of the Company advised the crypts and niches are double vented and drained and will give off no odor. The air circulates twice a day through atmos- pheric pressure. Alice Finst, 707 Place Tavant, questioned if the mausoleum has appeared before the Community Appearance Board and stated she does not find the building particularly attractive. If the rendering is accu- rate, she feels it will not be an asset to the cemetery. Mr. Weldon advised the approval tonight is for conceptual approval only and there remains numerous approvals prior to final permitting. -10- 2/23/88 4O7 Mr. Weldon stated he was unable to have the revised rules and regulations available tonight, but will be returning to the Commission soon. It will be taken out of ordinance form and put into rules and regulations form. Assistant City Attorney Kurtz advised the rules and regulations for all other properties that are owned by the City is done by Managerial Policy. The cemetery will be placed back into that framework, in order to be more flexible with pricing and being able to obtain new products for the cemetery. Mr. Weatherspoon moved to approve an agreement with Total Prearrangement, Inc., and the conceptual plan, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23.~ Palm Beach County Cellular Telephone Company - Lease Agree- ment. The Commission is to consider a lease agreement between the City and Palm Beach County Cellular Telephone Company. Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Weatherspoon took the Chair. The City Manager stated this is an agreement that was developed at the request of the Palm Beach County Cellular Telephone Company to install and operate up to five 10 foot high antennas, one microwave dish 10 feet in diameter and a 12x28 foot equipment building at the City Water Plant. The antenna and dish would be mounted on the water tank at the plant. Installation of this equipment wil~ allow improved telephone service by Cellular One and is considered very important by them in their marketing efforts. They~presently have "dead spots" which will be eliminated. While Cellular is very popular, there is a considerable amount of opposition generating from neighborhoods where antennas and structures are placed in residential and commercial areas. In addition to eliminating this opposition, the City will receive benefits including $300 per month rental and several mobile portable telephones to be installed by Cellular One in City vehicles at nc charge. They will also be responsible for water tank maintenance incluiing painting which would have been a substantial expense to the City. Prior to construction, Cellular One must obtain approvals from CAB, t!~ Planning staff and the Building Department. The City Attorney has ap~roved the amended agree- ment and staff is recommending approval of th_ five-year lease agree- ment which has five renewable five-year terms, subject to City Commis- sion approval. Mrs. McCarty moved to approve the lease agreement with Palm Beach County Cellular Telephone Company, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Mayor Campbell returned to the Chambers prior to the vote.) Before roll call the following discussion was had: Mr. Dougherty questioned if the City Attorney is satisfied that if repairs need to be made to the roof structure and the transmission is interfered with by so doing, the City is adequately protected. Mr. Forbes from Cellular One stated it would probably depend on the nature of the breach. Assistant City Attorney Kurtz advised there is a hold harmless provision indicating the City will be held harmless for any claims arising out of the installation use except those caused by the City's negligence. Mayor Campbell returned to the Commission Chambers at this time. Tom Forbes, Communications Consultant for Cellular One, stated they operate on a number of water towers in the State as well as the Country. If given sufficient notice, which is customary when repairs are going to take place, they assure there will be no interruptions by sectoring off the necessary antennas. -11- 2/23/88 408 Mr. Weatherspoon questioned if this agreement is basically the same as those with other utilities. Mr. Forbes stated most of the agreements are based on a dollar amount as opposed to taking on the total responsibility for maintenance. Upon question by Mr. Weatherspoon as to who picks up the cost of the telephones once they are installed in the City cars, the City Manager stated those expenses will be borne by the City. The Assistant City Manager advised that the permanent rate for the seven telephones, as well as any others that may be added later on, is the preferred rate. This is the lowest rate the Company charges. The City Manager question- ed Mr. Forbes if the total number of telephones is finite or could it be expanded by four. Mr. Forbes stated there would be no problem by increasing the number by four for additional car telephones. Mayor Campbell reminded the Commission that the installation of car telephones will be with the understanding that anything other than access and basic charges, as well as any Non-City usage, will be the responsibility of. the individual. At this point the roll was called to the motion. 24. Joint Project Agreements between the City and the Departmeqt of Transportation. The Commission is to consider a joint project agreement between the City and the Department of Transportation for installation of traffic signals at six intersections on Atlantic Avenue. The City Manager stated this item bears an agreement between the City and the Department of Transportation to provide aesthetic mast arms at the intersections extending from S.E. 2nd Avenue to Gleason Street. These two agreements provide for installation of mast arms of a more aesthetic type than those installed at Atlantic Avenue with 2nd and 3rd Avenues and Atlantic Avenue at 1st and 4th Avenues, Venetian Drive and Gleason Street. The payment by the City to DOT is $5,600 per mast arm for a total amount of $33,600 with funding available in the Traffic Operations budget. The City Attorney has approved the terms of the agreement which contains amendments requested b~; the City.- Mr. Dougherty moved to approve the project agreements, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; DeputL' Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. (Mayor Campbell left the Chambers before roll call.) Before roll call the following discussion was had: Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Weatherspoon took the chair. Upon question by Mrs. McCarty, Mr. Church stated he is checking with the County and the DDA to see if there could possibly be any funding available, but there'has been no reply. The City Manager stated if funding should be available through the Downtown Development Authori- ty, that source of funding will be used. If funding should be available through the County, that would be the second source. Upon question, Mr. Church compared the new signals to those in downtown West Palm Beach. Mr. Dougherty questioned if there was not an approved contract with the County to handle all traffic lights in the City. Mr. Church advised that is correct, the City pays $40,000 a year and is attempting to get a refund for the upgraded signals. At this point the roll was called to the motion. 25. Award of Bids and Contracts - Tractors and Mowers, Storm Drains, Rental Rehab Proqram and Concrete Posts. The Commission is to consider award of four bids and contracts. The City Manager stated there are four items recommended for award of bids and contracts under the Purchasing provisions, as follows: a. Two tractors and mowers for Parks & Recreation Department - Tropical Tractor and Turf - $18,286.05 (Bid 88-46). -12- 2/23/88 409 b. Rehabilitation of storm drains on Banyan Drive, Bolender Drive and Spanish Trail - Utility Services, Inc. - $18,839.20 (Bid No. 88-43). c. Rental Rehabilitation Program - Deferred Loan Contract Award - (Bid Nos. 88-29, 88-35 and 88-49) 211 S. Swinton Avenue First Const. of Palm Beach $83,727 342 N.E. 3rd Avenue Henry L. Haywood 20,190 112 N. Swinton Avenue Henry L. Haywood 10,170 236 S.E. 3rd Avenue B & Jr. Construction 30,782 117 S.W. 4th Street Henry L. Haywood 16,000 d. Installation of concrete posts to form decorative barricades in the Florida East Coast Railroad right-of-way in conjunction with the Downtown Beautification Project - R. P. M. Construc- tion Company, Inc. - $23,805 (Bid No. 88-41). ~ The City Manager stated under Item c., the Contractor who was awarded the contract owes the City money and thp City will be placing . liens on those contracts in order to obtain those revenues. Assistant City Attorney Kurtz stated the City is going to attempt to collect liens the Code Enforcement Board has placed on Henry Haywood's personal and other property for various housing code violations in the amount of $9,000. It is the suggestion of the City Attorney's Office that on award of contract, the $9,000 be paid by Mr. Ha>~wood as partial payment. Upon question by Mr. Weatherspoon, Assistant City Attorney Kurtz advised this is legal by negotiation. The City Manager stated that some would say the City should not do. business with someone who owes us money. Our philosophy is, by doing business with someone who does owe the City money, the City knows where that money is and it can be collected easier. Mr. Dougherty questioned if Henry ~{aywood was awarded the contract, as second lowest bidder, in order to obtain the $9,000. Mrs. Butler stated all the jobs are bid competitively and are awarded to the lowest bidder. If Mr. Haywood chooses not to negotiate, the job will be rebid. Mr. Dougherty objected to the procedure, stating he feels the second bidder should be given consideration. The City Manager stated perhaps the approval could be amended to authorize staff to negotiate with the second bidder in the event the negotiation is not successful with Mr. Haywood. Mr.'Dougherty moved to approve the award of bids and contracts, subject to authorizing staff to negotiate with the second low bidder in Item 25.c. in the event the negotiation with Mr. Haywood is unsuccess- ful, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 26. Wendell Robinson vs City of Delray Beach - Settlement of Lawsuit. The Commission is to consider an offer of settlement over a claim filed against the City for false arrest. The City Attorney recommends rejection. Assistant City Attorney Kurtz stated the City Attorney's Office and the Police Department do not believe the City is liable. The plaintiff has offered to settle the matter for $1,259; however, the City Attorney's Office feels the amount of money expended to defend the case would be greater than the settlement, and acceptance of the offer would not be in the best interest of the City. Mr. Dougherty moved to reject the offer of settlement, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to~ 0 vote. -13- 2/23/88 410 PROCEDURAL ITEMS 27.1. George Cannon, resident of Palm Beach County, commented on a recent telephone conversation with Commissioner McCarty relative to the Delray Flea Market. He feels Preston Henn has benefited the City of Delray, the citizens and tourism by having this market for nearly twenty years and it is now a landmark. It has been recommended that Mr. Henn eliminate over 100 vendors. Even though the attack seems to be pointed at Mr. Henn, it is the vendors that will be hurt, as this is their livelihood. 27.2. Alice Finst, 707 Place Tavant, questioned why there was no mention of a new traffic signal at the intersection of Atlantic Avenue and A1A. She feels after the recent beautification that has taken place in and around that particular area, it seems inappropriate to look at this beauty through a maze of wires. The City Manager stated the award made tonight was part of a program DOT was engaged in. It did not include A1A, but when the time comes to upgrade that signal, the more decorative aesthetic arms should be continued both east and west. Upon question by Mrs. Finst if it is really necessary to wait, Mrs. McCarty stated the cost for each signal is $60,000 and for beautification purposes, the money is not available at this time. ~ Mrs. Finst stated the League of Women Voters has been trying to learn about the referendum that was to have been ~roposed for the Historic Restoration District. Assistant City Attorney Kurtz advised it is now a part of the Code of Ordinances, Chapter 31, and does not call for a referendum. 27.3. Andrea McGirr, a licensed merchant a% the Delray Swap Shop, stated at a recent Commission Meeting she was told to contact the Assistant City Manager to set up an open meeting with Mr. Henn and some of the City Officials. For some reason, the meeting was not scheduled. She is again requesting a meeting with Preston Henn, Mayor Campbell or any one of the Commissioners and herself to attempt to work out a positive, resolution. She then read a letter from a resident newly located in Delray objecting to the elimination of 100 vendors of the Swap Shop. 28. Mr. Dougherty moved to approve the ~ninutes of the Regular Meeting of February 9, 1988 and Special Meetin.~ of February 10, 1988, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Deputy Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 29.a.1. Mrs. McCarty stated the Amoco Station on West Atlantic Avenue has been the site of frequent robberies. This station is open on a 24- hour basis. Sometime ago during an approval of a 24-hour carwash, the Commission made a condition that should there be any problems, they would have the option of readdressing the hours of' operation. She questioned if there is any way to force the operator to provide security for his customers or shorten the hours of operation. The City Manager stated that he would like the opportunity to do some background work and staff research before he reported back to the Commission. 29.a.2. Mr. Dougherty requested a status report on the Elementary School Property relative to access availability, the billing, what the present consultant's efforts are, what private contributions are being accumulated and the status of the grants. The City Manager advised the grant is to come before the Appropriations Committee next week. The Consultant's Report has been finished and has been reviewed by the Assistant City Manager. The Assistant City Manager stated the insurance provision of the Consultant's Contract was resolved nearly one and one half weeks ago. He will be meeting with the Consultant on March 2nd to set up a milestone and schedule for work. The City Manager stated the Fund Raiser for the private funding has been scheduled for this fall. The completion of detailed drawings and specifications is scheduled for July. 29.a.3. Mr. Dougherty stated he received a telephone call concerning the meeting last night (by the P&Z Board). He was told anyone who had spoken previously with opposition to the auto ordinance were limited in -14- 2/23/88 411 speaking, while those who were for the project, were allowed to speak. He feels it would be better to limit the number of items, rather than limit the number of persons who would like to voice an opinion. Perhaps an appropriate Commission Workshop prior to these meetings would help establish some policy. 29.a.4. Mr. Dougherty advised he would like to be updated on the current water situation. As handed down in a Supreme Court Ruling, if the City should choose to sue the Company responsible for the contami- nation of the water system, this must be done while the contamination is taking place. The City Manager stated the City will be meeting with officials of the Department of Environmental Regulation next Wednesday. They have agreed to hold the position of the Consent Order until the City has had a chance to review it to make sure there are no concerns that have not been addressed. One of the items in the Consent Order is that off-site clean up occur. With regard to well water, salt water levels are rising and he was contacted by SFWMD today telling the City the draw from the Eastern Well Field will need to be reduced. The tetrachloroethylene level is rising in Well No. 22 and Well No. 25 has been turned off to help protect the Well Field. Upon question by Mr. Dougherty, Assistant City Attorney Kurtz advised that the Consulting Engineer is analyzing the technical aspects of the clean-up provisions within the Consent Order. In other words, they are telling the City what must be addressed in order that the extent of the problem can be assessed and cleaned up. Mr. Dougherty mentioned the process of air-stripping and if the units are available in order to learn if it would be effective in this case. He feels these are things that should ~e done now, particularly since the situation seems to grow more critical as time goes by. The City Manager advised the CH2M Hill Consulting Firm will present to the City a detailed recommendation as to which ~ells and how much air- stripping equipment will be needed. Mr. Weatherspoon questioned if there is a vendor available to supply the units needed, or will it be necesSary to build the units to the City's specifications. Assistant City Attorney Kurtz advised this is something the Consultant is working on with various vendors. 29.a.5. Mr. Dougherty requested the status of the North Federal sewer progress. Assistant City Attorney Kurtz stated the contracts have been signed and work should commence soon. 29.a.6. Deputy Vice-Mayor Weatherspoon stated it has been brought to his attention that the Code Enforcement Board has on occasion made it a requirement for certain buildings to be brought up to code despite the fact that the code reads this is unnecessary unless the structure is being remodeled by 50%, or unless there is a safety or health hazard involved. The City Manager stated the Code is interpreted by Police Officers, Fire Inspectors, Code Enforcement Inspectors, Building Offi- cials and City Managers and an aggressive interpretation may result in an occasional citation that should be dealt with on a case by case basis. If this appears to be repetitive, perhaps~ a check should be initiated to see if there isa pattern due to an overly promiscuous landlord or tenant, an overly rigid inspector, or if it is a bad code. 29.a.7. Deputy Vice-Mayor Weatherspoon requested staff to look into the traffic flow from Linton Boulevard west to Military Trail relative to speeders and the fact it is next to impossible to access Linton Boule- vard to go east during certain hours of the day. The City Manager stated it will be looked into. 29.a.8. Deputy Vice-Mayor Weatherspoon stated the School Board is contemplating making boundary changes that will affect Spady Elementary and the new elementary school and he feels the community should be aware of these proposed changes. He has requested the City Manager to contact Mr. Johnson, the numbers man, to make a presentation to the Commission. 29.a.9. Deputy Vice-Mayor Weatherspoon stated he has received more complaints regarding the loud music coming from automobiles. The City Manager stated this is a 'Disturbing the Peace' violation and will be looked into. -15- 2/23/88 412 29.a.10. Deputy Vice-Mayor Weatherspoon advised, with regard to the Swap Shop, meetings have been held with staff, County members and representa- tives of DOT. He suggested the City Manager set a time for a Special Meeting as requested earlier by the vendors. 29.a.11. Deputy Vice-Mayor Weatherspoon questioned how the modified gasoline tax will affect the City. The City Manager confirmed that the City will have to pay if the vendors do not pay it themselves. 29.b. There were no non-agenda items from the City Attorney. 29.c. The City Manager announced he received notification from the Town of Jupiter, requesting support for Griff Roberts, Town Manager, as a nominee for District 1 of the County-wide Planning Council. Deputy Vice-Mayor Weatherspoon declared the meeting adjourned at 10:05 P.M. ATTEST: MA OR 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 Commis~ of February 23, 1988, which minutes were formal- ly approved and adc_ ~y the City Commission 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. -16- 2/23/88