05-27-88SpMtg ~'AY 27, 1988
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 4:10 P.M., Friday, May 27, 1988.
Roll call showed:
Present - Commissioner Patricia Brainerd
Commissioner Marie Horenburger
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager Walter O. Barry and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced ~hat
this meeting has been called for the purpose of (1) Considering addendum
#2 to the agreement between the City and CH2M Hill for wellfield ass%ss-
ment services totaling $107,500.
1. The City Attorney reported that the City renegotiated the
contract since it was on last Tuesday's agenda so they could go forward
with the things they needed for the remainder of the City's litigation
and proving their case against the defendants. They have culled from
the agreement anything with regard to the ultimate design and construc-
tion of what they perceive will be the air stripping unit so they could
further negotiate the scope of that and the fee. It is now $107,500 and
will take the City to all of what they call the peak cap program through
the time of litigation. Upon question, the City Attorney advised this
is a maximum amount and they will try and do whatever they can to hold
it down as much as they can below that figure.
Ms. Horenburger moved to approve the contract between the City
and CH2M Hill, seconded by Ms. McCarty. Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty
- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote~
Before the meeting was adjourned the following discussion was
had:
Mr. Weatherspoon made reference to a letter received in the
Commission packet from an attorney representing Mr. Pugliese in regard
to property at Linton and Military Trail. The attorney had outlined
some things for the Commission to consider in trying to come to an
agreement without litigation. Mr. Weatherspoon asked for a consensus of
the Commission to revisit this item.
Mayor Campbell commented there could be nothing substantive
decided; this is merely a procedural motion to put it back onto an
agenda for consideration. The Commission cannot substantively vote on
anything without proper notice.
Upon question, the City Attorney advised the Commission can do
a number of things. They could rescind their previous action; however,
this exists as a matter of litigation right now so to that extent it
could be considered to be a settlement matter which would be approved as
a settlement stipulation as opposed to revisiting the issue. He stated
he would recommend that since it is changes to a site plan which would
appear before the Commission it would be appropriate for staff to review
them first, specifically the Planning staff and P&Z Board. The appli-
cant would not have to reapply with the fee, but ought to go back and be
reviewed by staff.
The City Manager commented that as he understands it, the site
plan was not fully considered by either staff or the P&Z Board; rather,
two elements of the site plan were considered, so it has not had P&Z
Board site plan review. The old one went through the process, not the
new one which contains contemplated modifications.
Following discussion, the City Manager stated it would be the
recommendation to advise the applicant to resubmit and have it taken
through the normal channels and they can have their site plan on the
agenda of July 26th.
Mayor Campbell stated that because the Commission gave this a
No vote, in order to rescind that vote and put it back onto the Commis-
sion table he believed there should be a motion for reconsideration and,
in any event, be workshopped.
Ms. Brainerd moved to reconsider this matter, seconded by Mr.
Weatherspoon.
Discussion followed with regard to substantive vs procedural
motions. Upon question by Ms. Horenburger whether a motion to simply
reconsider would possibly negate the necessity of going back to th~ P&Z
Board for review, the City Attorney answered in the affirmative~ It
would replace the issue on the Commission agenda alone. ~
Ms. Horenburger made a substitute motion to send this issue
back to P&Z, then to a workshop of the Commission and then for reconsid-
eration at a regular Commission meeting, seconded by Ms. McCarty. Upon
roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - No. Said motion passed with a 4 to 1 vote.
Mayor Campbell declared the meeting adjourned at 4:25 P.M.
City 'Clerk
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of May 27, 1988, which minutes were formally
approved and adopted by the City Commission on ~ /.~,, /~/.
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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