04-21-87SpMtg APRIL 21, 1987
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
Conference Room at City Hall at 7:00 P.M., Tuesday, April 21, 1987.
Roll call showed:
Present - Commissioner Richard J. Dougherty
Commissioner Marie Horenburger
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon (Arrived 7:11 P.M.)
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager James L. Pennington 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 considering (1) Settle-
ment offer from Arthur Novick in the amount of $9,375.00 (City Attorney
recommends approval); and (2) Approval of Interlocal Agreement between
City and Community Redevelopment Agency for acquisition of Georgia Town
Tavern property.
1. Mayor Campbell clarified that the City will pay $9,375 in
settlement of this case.
Mrs. Horenburger moved to approve the $9,375 settlement,
seconded by Mrs. McCarty. Upon roll call the Commission voted as
follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty -
Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
Before roll call the following discussion was had:
Upon question by Mr. Dougherty, the City Attorney reported the
figure was arrived at based on what they believed the components of the
claim were, i.e., their out-of-pocket cost for medical bills plus damage
to the automobile and some additional costs, including attorney's fees.
The City Attorney stated he believed it is a better deal for the City to
settle the case for this amount at this time; it will resolve two other
cases as well.
The City Manager advised that the figure was a lot higher last
week. This was the figure calculated by staff as a negotiating figure.
The City Attorney advised there is one other aspect of the case
which involves the claim for the automobile usage from repair by the
automobile lessor, yet to be resolved. The person who owned the car is
a corporate entity; they also have a claim against the City for total-
ling of the automobile.
At this point the roll was called to the motion.
2. The City Attorney advised there is a phrase they would like to
insert in the draft which has been furnished the Commission to provide
an outside limitation on when the agency will pay us back the money.
The CRA believes 36 months is more than ample. It would still say it
would be up to the Commission to decide, but they would like to insert
in the contract "but no later than 36 months from the date of the
agreement or upon full payment of the acquisition shared by the Agency".
This phrase would then get inserted in the second to last Whereas clause
and in Section 1 appropriately.
Mrs. Horenburger moved for approval of the Interlocal Agreement
between the City and the Community Redevelopment Agency, as amended,
seconded by Mr. Dougherty. Upon roll call the Commission voted as
follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty -
Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
Mr. Weatherspoon arrived at this time.
Mayor Campbell declared the meeting adjourned at 7:13 P.M.
Clerk
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 April 21, 1987, which minutes were formally
approved and adopted by the City Commission on~~. /~. /F~7.
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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