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12-08-87 DECEMBER 8, 1987 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Marie Horenburger in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, December 8, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived at 7:13 P.M.) Absent - None Also present were - Acting City Manager Robert A. Barcinski and Assistant City Attorney Jeffrey Kurtz. 2. The opening prayer was delivered by Commissioner Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 3.a. Marilyn Carr stated she has been asked by the 400 merchants of the Delray Swap Shop to present one dozen red roses to the Commissioners as a good will gesture for bon voyage to the seminar in Las Vegas. Mayor Campbell arrived at this time and took the chair. 4. Presentation - Clubhouse Renovations at Municipal Golf Course (Roy Simon). Joe Weldon, Director of Parks and Recreation, stated the Commission appointed an advisory committee some time ago to look into the renovation of the Clubhouse, the Municipal Golf Course and the relocation of the tennis courts and Mr. Simon will present the plan tonight. Roy Simon, Architect, stated the Advisory Committee reviewed the situation at the Clubhouse and came up with a program the City can be proud of and will accommodate the various needs and facilities. The exterior appearance differs slightly from the initial concept. He presented a site plan, and explained the additions and interior alter- ations to the Clubhouse, including upgrading of electrical, mechanical and plumbing features. Included in the figures submitted to the Commis- sion are the repaving and restriping, along with the rearrangement of the parking area, irrigation, site lighting and landscaping. Mrs. McCarty stated she feels it can be worked out with some of the persons who have leases to contribute to areas they may want com- pleted, since the total cost is more than was originally planned. Mr. Weldon advised the Commission should direct the Committee as to exactly what they want now that the plan has been presented. If the vendors are to remain, he feels it would be prudent for them to contribute, but at the same time, they would probably want to extend their leases and the Committee also needs direction from the Commission in this area. He feels it is a plan that can be phased in over a period of four to six years, if necessary. Mayor Campbell stated he feels this might be one of the pro- jects to be discussed in the City's long term capital outlay and sug- gested this item be placed on an upcoming workshop agenda. The Commis- sion concurred. Mr. Dougherty questioned how this will affect the lease. The entire project originated with regard to improving the golf course and he feels the golf course itself has been pushed into the background. 5. Mayor Campbell presented a proclamation proclaiming the month of January, 1988, as "National Volunteer Blood Donor Month". 6. Mayor Campbell requested Item No. 9 be removed from the Consent Agenda and placed on the Regular Agenda. Mr. Weatherspoon moved to approve the agenda, as modified, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 7. Ordinance No. 95-87 - Sergio Annexation. Ordinance No. 95-87, relative to annexing six feet, subject to R-1AA (Single Family Dwelling District) in the Lake Ida Gardens Subdivision, located south of N.W. llth Street, west of N.W. 4th Avenue and east of N.W. 5th Avenue, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 95-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE NORTH SIX (6) FEET OF LOT ONE (1), BLOCK 4, AMENDED PLAT OF LAKE IDA GARDENS, AS RECORDED IN PLAT BOOK 23, PAGE 192, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED SOUTH OF N.W. llTH STREET, WEST OF N.W. 4TH AVENUE AND EAST OF N.W. 5TH AVENUE; 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 R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 95-87 is on file in the official Ordi- nance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 95-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8. Dodge Ramcharger Utility Trucks - Police Department. The Commission is to consider award of contract to Regency Dodge, Jackson- ville, off the State contract for two Dodge Ramcharger utility trucks for the Patrol Division (K-9 Unit), in the amount of $23,174, with funds to come from the 1987-88 budget. Approval is recommended. 10. Nuisance Abatement. Resolution No. 48-87, assessing costs in the amount of $2,007.50 for abatement action regarding demolition of an unsafe building located at 222 S.W. 3rd Avenue, is before the Commission for consideration. The caption of Resolution No. 48-87 is as follows: -2- 12/8/87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 48-87 is on file in the official Resolution Book) 11. Nuisance Abatement. Resolution No. 49-87, assessing costs in the amount of $1,980.00 for abatement action regarding demolition of an unsafe building located at 15 N.W. 1st Street, is before the Commission for consideration. The caption of Resolution No. 49-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 49-87 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA Public Utilities 9. Dodge Diplomat Pursuit Vehicles - Police Department. The Commission is to consider award of contract to Regency Dodge, Jackson- ville off the State contract for 11 Dodge Diplomat pursuit vehicles in the amount of $118,657, with funds to come from the 1987-88 budget. Approval is recommended. Mayor Campbell questioned if the Commission is required to accept the lowest bid, or could another vendor located closer to the City be approached with a request to match the amount of the lowest bidder and the City could then accept that bid. Assistant City Attorney Kurtz advised the Commission could go to the second lowest bidder, but cannot enter into further bidding processes. Mayor Campbell questioned if it is possible for a bidding party to amend their bid after all bids are received. Assistant City Attorney Kurtz advised that at the time the date for final tendering of bids has passed, the vendor cannot amend a bid. Mayor Campbell questioned the amount of money involved if the Commission should select the local bidder. The Acting City Manager stated the amount is $6,563, or approximately five percent. Mayor Campbell stated he has previously gone on record as saying where there is only a five percent differential in the bid, he does not feel that to -3- 12/8/87 be substantial, prefers to allow the money to remain in the local community and is prepared to decline the request. Mr. Dougherty stated he feels unless there is a substantial reason to award a contract to a second or third higher bidder, the lowest bidder should be granted the contract. Mayor Campbell stated selecting the next lowest bidder has been done in the past and he feels the Commission should make every effort to deal with the local merchants where possible and where there is not a substantial deviation in price. The overriding interests of staying local and keeping the money totally local is, and has been accepted to be, a good practice. There is nothing wrong or illegal with that. Upon question by Mrs. Horenburger as to where the Commission legally stands by taking that position, Assistant City Attorney Kurtz advised this has been done in the past, with the basic reasoning being service is more readily available, thus allowing a larger amount to be paid up front. Mr. Dougherty suggested if the City is going to follow this procedure in the future, he feels that the specifications should state that the City will retain a right to award to a second bidder, providing the second bidder is local and within the five percent difference. Mrs. Horenburger questioned where these vehicles will be serviced if the contract is awarded to the vendor in Jacksonville. Chief Kilgore explained the local dealer will service the vehicles as part of the mileage agreement Chrysler Corporation, Ford Motor Company and General Motors have with their dealers. Mayor Campbell stated he feels there is nothing illegal or inconsistent with a prior attitude and urges the City to give the local businessmen every opportunity possible. Mrs. Horenburger stated she agrees with Mr. Dougherty relative to adding the five percent clause in the bid specifications in fairness to all the bidders. Mr. Weatherspoon moved for approval to award the contract to Regency Dodge for $118,657, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. 12. Engineering Design for Gravity Sewer Along North Federal Highway. The Commission is to consider approval and acceptance of engineering proposal from Olsak & Associates for the design and inspec- tion of the gravity sewer along North Federal Highway in the amount of $50,422, with funds to come from the Water & Sewer Fund Reserve Ac- counts. The Acting City Manager stated in addition the Commission is also waiving the RFP process due to the circumstances involved. Mrs. Horenburger moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, the Acting City Manager stated the county has no control over this. Mr. Dougherty stated it is not clear in the contract whether it includes the resident supervision, general supervision or whether the City does the inspection work. The Acting City Manager stated he has been informed by Mr. Pontek this does include the residency inspection through the completion of the project. -4- 12/8/87 Mayor Campbell stated this is pursuant to a workshop held nearly a month ago and the Staff is comfortable with the engineering firm and the price. The Acting City Manager stated the engineering work is complete and the project will soon be going through formal bid advertising for construction. At this point the roll was called to the motion. Planning, Development and Engineering 13. Rainbow Homes Drainage Project. The Commission is to consider authorizing execution of agreement between the City and R.W. Sheremeta Associates for engineering services for Rainbow Homes drainage project. Mayor Campbell stated he would like to clarify the drainage item with regard to Tropic Isle. The item on the agenda tonight is an engineering presentation. There are a number of residents on Jasmine Drive that are concerned about actual construction, but this is a separate project. It is his understanding the construction contract has been let. Upon question, the City Engineer advised they are awaiting the signing of legal papers and upon completion of this the construction on Jasmine Drive should commence in January. Mayor Campbell questioned when actual construction should begin on the remainder of the projects, should they be approved tonight. Mr. Church advised it will take approximately six months to prepare the documents and, hopefully, by September of 1988 they will be ready to begin construction. Mr. Dougherty questioned if the Jasmine project is a part of the Tropic Isle Contract and when it was approved. Mr. Church advised it is not; it was a local drainage project that was included in the budget requests, because there was a severe flooding problem on Jasmine Drive in two locations. It was originally planned to be a part of this contract, but due to the urgency, it was advanced. Mr. Weatherspoon moved for approval of Rainbow Homes Drainage Project, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. North Swinton Drainage Project. The Commission is to consider authorizing execution of agreement between the City and R. W. Sheremeta Associates for engineering services for North Swinton drainage project. Mrs. Horenburger moved for approval of the North Swinton Drainage Project, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Tropic Isle Drainage Project. The Commission is to consider authorizing execution of agreement between the City and R. W. Sheremeta Associates for engineering services for Tropic Isle drainage project. Assistant City Attorney Ruby requested the Commission add an amendment to include a clause for continuation in the Tropic Isle contract for design and construction management. Mrs. Horenburger moved for approval of the Tropic Isle Drainage Project, subject to an amendment to include a clause for continuation in the contract for design and construction management, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 16. Administrative Relief - Wallace Nissan. The Commission is to consider approval of request for administrative relief for off-site .employee parking for Wallace Nissan, located on the east side of Germantown Road between Linton Boulevard and S. W. 10th Street. Techni- cal Review Committee recommends approval. -5- 12/8/87 David Kovacs, Planning Director, stated the Technical Review Committee has looked at this site, and recommends approval with condi- tions that are identified in the report. Upon question by Mayor Camp- bell if this approval is only for off-site parking or a site plan approval, Mr. Kovacs responded that it is not a site plan approval at this time. A condition has been recommended, as a part of granting administrative relief, that a formal site plan be approved through a minor site plan modification process by Planning & Zoning. This is to provide additional parking for employees. In this situation, even though the code requirements are met, they are not sufficient to meet the practical demand on the business for employee parking. This is scheduled to go before the P&Z Board on December 21st. Mr. Dougherty moved for approval of the recommendations of the Technical Review Board, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. 17. Waiver of Processing Fees - Delray Primitive Baptist Church. The Commission is to consider a request for waiver of fees for process- ing of conditional use ($385) and site plan ($550) for Delray Primitive Baptist Church, located at 1717 N. E. 2nd Avenue. Mr. Dougherty moved for approval, 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. Before roll call the following discussion was had: Upon question by Mr. Dougherty, Assistant' City Attorney Kurtz advised there is no legal impediment to waiving the fees. Mrs. McCarty stated she is very happy to see the private sector attempting to fill the need of an infant day care center and feels this is a small price to pay for this service. Mr. Weatherspoon concurred and stated this service is now provided in the form of a combination of both infant and older children in the City, but none that are exclusive- ly for infants. At this point the roll was called to the motion. Mrs. Horenburger returned to the Commission Chambers at this time. 18. Ordinance No. 85-87 - Crepin Annexation. Ordinance No. 85-87, relative to annexing a 5.13 acre parcel, subject to MOI (Medical, Office and Institutional) District, located east of the County Mental Health Offices on Military Trail, south of Linton Boulevard is before the Commission for consideration on Second and FINAL Reading. The Public Hearing was closed at the November 24th meeting. The Acting City Manager presented Ordinance No. 85-87: 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 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON MILITARY TRAIL SOUTH OF LINTON BOULEVARD AND EAST OF THE COUNTY MENTAL HEALTH OFFICES; 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 MOI (MEDICAL, OFFICE AND INSTITUTIONAL) DISTRICT; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 85-87 is on file in the official Ord- inance Book) -6- 12/8/87 Mayor Campbell stated at the November 24th meeting, the Commis- sion had questions relative to the site plan as to the configuration of the entryway. Although this is procedurally the annexation ordinance, he feels the site plan should be discussed at this time. Robert Currie, Architect, representing the owner, stated the access issue has been reviewed and they feel a southern access will be more feasible and the Center agreed to allow this. A left hand turn is not permissible going south on Military Trail. A portion of the lake must be filled in and retained and some of the trees must be cut down. A 24-foot drive can be provided with a five-foot grassed catchment on each side, as there is 50 feet available in the tightest spot. Chris Hurst, Civil engineer for the project, stated the north- ern access was reviewed at the Technical Review Meeting and there were safety concerns voiced by City Staff between the concrete wall and the row of trees. Upon a traffic study, it was determined only 650 trips daily would be generated. Mr. Dougherty questioned what has been resolved with regard to the difficult entryway the Fire Department objected to at the northern access. Mr. Currie stated a 47-foot radius has been provided which is required by a hook and ladder truck. There was also a proposal made, for the unlikely event there should be a fire, to allow the truck to go directly down the driveway of the parking lot and access the site. There is a 40-foot right-of-way provided on the east side of the pro- perty for a future road. Mayor Campbell stated if a specified time period is placed on this property any prospective purchaser would have to look to the south side as a realistic possibility in the future. Mr. Kovacs stated to clarify the condition of approval on the site plan that addresses this point, platting is required for this project and as a part of the plat, the 40 feet would be dedicated as right-of-way and funding would be provided for the improvement of that 40 feet to half the street. In addition, since this is only for Phase One, for Phase Two the roadway either goes into the east or it would be necessary to build the entry to the south in order to access Phase Two. The Commission concurred on the southern access. Mrs. Horenburger moved for the adoption of Ordinance No. 85-87 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Site Plan Approval - Proposed Delray ACLF (Crepin Annexation Proposal). The Commission is to consider approval of site plan for the proposed ACLF, located south of Linton Boulevard, east of Military Trail. Planning & Zoning Board recommends approval, subject to the following conditions: 1. That the access provide for 30" of curbing along the south side of the existing BocaRay wall; that a minimum of 22' of travelway be provided; that a ficus hedge or tree line be provided between the Mental Health parking area and the entry drive; that shade trees be provided within planting areas in the mental health parking lot; that there be no parking spaces along the north boundary of the mental health property in the area where the traffic of the ACLF crosses through the mental health parking area; the access to the mental health facility and the BocaRay Center be aligned to form a proper (right angle) intersection; and, that the turning radius for the entrance drive shall maintain a clear width and turning radii as determined satisfactory by the Fire Chief. Further, stabilized sod be provided at the northeast corner of the Mental Health facilities to provide emergency access to the ACLF site. 2. That platting is required prior to submission of plans for building or site preparation purposes. Said plat submission is to address the matters discussed in the "platting" portion of this staff report. -7- 12/8/87 3. That this approval is for Phase One development only and that no approval for phase two facilities will be granted until and unless the local collector road proposed for the eastern boundary of the site is constructed and connected to Linton Boulevard. 4. That detailed plans showing the method of providing for ground treatment and adjacent landscaping (including south perimeter landscaping) along the fire (emergency service) lanes as they are proposed from the paved driveway - along the proposed collector street - and along the south boundary shall be submitted to and approved by both the Fire Chief and the City Horticulturist and made a part of the preliminary plat submission. 5. That this approval be valid, pursuant to 30-22-E, for an initial period of eighteen (18) months. Mr. Kovacs stated there are two ways to approve this. One way is to table it and the second and quickest way is to approve the north entry which is presently proposed, with one additional condition that the south entry be used instead. This would necessitate the site plan going back to P&Z and have the new entry coming in as a minor site plan modification. Mrs. Horenburger moved for approval, subject to the additional condition, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. General Administration, Finance and Personnel 20. City Hall Expansion. The Commission is to consider authorizing ~xecution of contract between the City and Digby Bridges, Marsh and Associates for architectural services for City Hall project. Mr. Dougherty moved for approval, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Contract to Clean UP Depot Road. The Commission is to consider ~aiver of insurance requirements in the contract to clean up Depot Road. City Commission awarded the contract to Tire Disposal Services, Inc., in the amount of $19,500 at the October 13th meeting, with funds to come from the Sanitation Fund. Acting City Manager recommends approval. Assistant City Attorney Kurtz advised the contract has been awarded. However, the Contractor, had a problem meeting the City's insurance specifications of $300,000. Mrs. Horenburger moved to approve the contract with a waiver of the insurance requirements to clean up Depot Road, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned how the insurance requirement can be $300,000 when the cost of the job is only $19,500. Assistant City Attorney Kurtz advised that the contractor will get insurance in the amount of $100,000 but technically, without the waiver, the contractor does not meet the bid specification and his bid fails. Upon question by Mrs. Horenburger if this is an area where Waste Management could place carts or dumpsters, the Acting City Manager stated this is old trash. Now the property owner has bermed the proper- ty and new dumping has been greatly reduced. At this point the roll was called to the motion. 22. Joint ~.s.e Agreement for Delray Beach Elementary School. The Commission is to consider review of agreement between the City and -8- 12/8/87 School Board of Palm Beach County relative to Joint Use Agreement for Delray Beach Elementary School. Mrs. Horenburger moved for approval, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Employment Contract - City Manager. The Commission is to consider written employment contract between the City and Walter O. Barry. Assistant City Attorney Kurtz stated the Commissioners should have received a modified version of the contract today. There are two changes, the first being that Mr. Barry requested the salary level be $69,000, not $70,000. The second change was a request that he be given 12 days of vacation and 12 days of sick leave to draw on throughout the year. He will then accumulate additional days throughout the year. Upon question by Mr. Weatherspoon as to how this complies with what the regular employees receive, Assistant City Attorney Kurtz stated they must wait one year for vacation and sick leave is available after the first six months. Mrs. McCarty suggested his salary be the same amount as that of the current City Attorney until he has met the performance standards. Mr. Dougherty stated he feels because of the City Manager's responsibil- ities, his salary should be considerably higher than that of the City Attorney. Personnel allows a basic salary plus incentive. Mayor Campbell advised under this contract the new City Manager will be allowed the cost of living increase. The issue that may arise will be how to handle the retirement fund. Assistant City Attorney Kurtz advised the City pays eight percent for all general employees, including the City Manager and the City Attorney on basic salary. Mrs. Horenburger moved for approval of the contract, subject to the two changes, seconded by Mrs. McCarty. Mr. Dougherty questioned the item relative to allowing the City Manager ten hours per week to teach, counsel or conduct other non-City business for the next two years. He is in favor of omitting this until such time as the City would grant him an extension of his contract. Assistant City Attorney Kurtz stated he feels one of the reasons that it is in the contract is, if he should become involved with some charitable activity as head of a fund-raising campaign, he would be free to devote some time in this area. Mayor Campbell suggested it be entered into the contract that, with the permission of the City Commission, he may spend up to ten hours a week on that type of activity. Assistant City Attorney Kurtz suggest- ed a provision to the effect he could not spend time on a profit-making activity or business venture other than City business. Upon question by Mrs. Horenburger, Assistant City Attorney Kurtz advised an item can be put in the contract stating employees shall not spend time teaching, counseling or conducting non-City connected business without the prior express approval of the City Commission, if that is a consensus. The Commission concurred. Mrs. Horenburger amended her motion to reflect that item in Section 8. Mrs. McCarty amended her second. Mr. Dougherty, stated in setting up moving requirements from Melbourne to Delray Beach, he feels it should be noted that the City will pay for both moves. The first move will be to establish the City Manager in an apartment and the second to move his family and personal belongings permanently to Delray Beach. The Commission concurred. Mrs. Horenburger amended her motion to include the moving requirements, Mrs. McCarty amended her second. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - -9- 12/8/87 Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Ordinance No. 101-87 - Amending Code - Parking Fines. Ordi- nance No. 101-87, amending Chapter 26 "Traffic" of the Code of Ordinanc- es relative to increasing parking fines, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 101-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE II, "STOPPING, STANDING, AND PARKING", DIVISION 4. "VIOLATIONS; ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 26-78, "AMOUNTS OF PENALTIES"; PROVIDING FOR AN INCREASE IN THE AMOUNT OF CIVIL PENALTIES IMPOSED FOR VIOLATION OF PARKING RESTRICTIONS SET FORTH IN THE APPLICABLE SECTIONS OF CHAPTER 26, "TRAFFIC", PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EF- FECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 101-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned the justification of the increase. The Acting City Manager stated in addition to the budgetary ruling last August, it will help cover costs incurred in processing these items. At this time the roll was called to the motion. 25. Ordinance No. 102-87 - Amending Code - Pensions for Police and Firemen. Ordinance No. 102-87, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances providing supplemental retirement income for police officers and firemen who retired prior to October 1, 1987, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 102-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 18-54, PROVID- ING SUPPLEMENTAL RETIREMENT INCOME FOR POLICE OFFICERS AND FIREFIGHTERS WHO RETIRED PRIOR TO OCTOBER 1, 1987; PROVIDING A MINIMUM MONTHLY RETIREMENT BENEFIT FOR SAID RETIREES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 102-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. 26. Ordinance No. 103-87 - Amending Code - Pensions for General Employees. Ordinance No. 103-87, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances providing that death benefits for -10- 12/8/87 general employees shall be payable to a participant's spouse or other designated beneficiary, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 103-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOY- EES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-113(B), "BENEFIT PAYABLE IN THE EVENT OF DEATH ON OR PRIOR TO NORMAL RETIREMENT DATE WHILE IN SERVICE", PROVIDING THAT DEATH BENEFITS SHALL BE PAYABLE TO A PARTICIPANT'S SPOUSE OR OTHER DESIGNATED BENEFICIARY; PROVIDING FOR THE APPOR- TIONMENT OF DEATH BENEFITS PAYABLE TO MULTIPLE BENEFICIA- RIES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 103-87 of First Reading, seconded by Mr. Dougherty. Upon roll call the Commis- 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. 27. Ordinance No. 104-87 - Amending Code - Pension for Police Officers and Firemen. Ordinance No. 104-87, amending Chapter 18 "Pen- sions and Retirement" of the Code of Ordinances to provide that death benefits for police officers and firemen shall be payable to a member's spouse or other designated beneficiary, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. The Acting City Manager presented Ordinance No. 104-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-48(6), "PRERETIRE- MENT DEATH", TO PROVIDE THAT DEATH BENEFITS SHALL BE PAYABLE TO A MEMBER'S SPOUSE OR OTHER DESIGNATED BENEFIC- IARY; PROVIDING FOR THE APPORTIONMENT OF DEATH BENEFITS PAYABLE TO MULTIPLE BENEFICIARIES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance 104-87 on First Reading, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 28. Early Hiring - Police Officers. The Commission is to consider approval to hire four police officers prior to the April 1, 1988, approved budgeted date. Acting City Manager recommends approval. Upon question by Mayor Campbell, the Acting City Manager stated the actual recommendation was to go with the hiring of two at this time, the remaining two at another time and freeze other hires pending the new process for recruitment of minorities. He also stated the early approv- al will not affect the approved budget. Mr. Dougherty moved to approve the action recommended by the City Manager, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -11- 12/8/87 Mrs. Horenburger returned to the Commission Chambers at this time. Leisure Services 29. Mausoleum and Chapel at Municipal Cemetery. The Commission is to consider authorizing execution of an agreement between the City and Total Prearrangement, Inc., for marketing of cemetery goods and services and the construction of a mausoleum and chapel. Mr. Weatherspoon questioned the time frame involved before the City will be able to break even with regard to the maintenance and work performed as provided in the contract. Mr. Weldon stated the company hopes to be able to begin construction within one and one-half to two years. At that time he hopes to experience a positive cash flow. Stormet Norem, a local funeral director, stated the local funeral directors had approached the Commission earlier and requested they postpone action on this. He feels there are two things everyone should be aware of. First of all, the City can either keep the cemetery or sell it. If it is sold, the City has no control over it. There is also a rare possibility that the City may need to take over an abandoned cemetery if they ever want to sell it, due to disappearance of the owner or trust funds that were insufficient to maintain it. The advantages of selling it would be that the City would realize immediate proceeds to the General Fund, elimination of maintenance costs and return the property to the tax rolls to collect ad valorem taxes, which is a perpetual income to the City. If the City keeps the cemetery, the maintenance cost will continue to rise; there is currently an insuffi- cient amount in the Perpetual Care and Maintenance Fund and it will be competing with private enterprise. He feels the City should consider the following: 1. If the City goes into this contract, they should continue to budget maintenance expenses. The contract does not take care of any of this. 2. Place all funds received under this contract into the Perpetual Care and Maintenance Fund. 3. The City should budget an additional amount each year into the Perpetual Care and Maintenance Fund until such time as the Trust Fund builds up sufficiently. 4. He would request the City continue to get local involvement from the City Funeral Directors and others with regard to any contract revisions or changes in rules and regulations. Mr. Norem stated if the City implements all these items, the local funeral directors do not have a problem with the contract. He commended Total Prearrangement for their cooperation. Mr. Weldon stated the maintenance is not going to increase. The entire cemetery is presently being maintained and there will be no change in that. As part of the agreement, the City does agree to maintain a mausoleum, which is nominal. As for the perpetual care fund, it is a policy item for the Commission. Money is presently placed in that fund and the percentage to be placed is set by the City Commission out of the percent received from Total Prearrangement. Mayor Campbell stated the last several contracts the City has entered into with private entrepreneurs, a clause has been included that allows the City to terminate the agreement at will; however, it is merely a right to do that with the understanding if it should be exer- cised, there would be no loss to the vendor. Assistant City Attorney Kurtz stated the Mayor is speaking of a desire to end the relationship, not for specific cause, but for whatever reason. Mayor Campbell stated the City would buy out Total Prearrange- ment if the City feels it is in the best interest of the City and the Community to end the relationship. The Commission concurred. -12- 12/8/87 Mrs. Horenburger moved for approval, subject to the negotiation between Mr. Vocke, Mr. Weldon and Assistant City Attorney Kurtz of a clause allowing termination of the agreement, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mrs. Horenburger left the Commission Chambers at this time. Public Safety 30. Ordinance No. 105-87 - Amending Code - Fire Protection Codes. Ordinance No. 105-87, amending Chapter 11 "Fire Protection and Preven- tion'' of the Code of Ordinances to adopt certain standard fire protec- tion codes, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 22nd. Assistant City Attorney Kurtz stated each Commissioner has been given an amended version of the ordinance. The Acting City Manager presented Ordinance No. 105-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 11, "FIRE PROTECTION AND PREVENTION", ARTICLE II, "FIRE PREVENTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY REPEALING SECTION 11-17, "CODES ADOPTED", BY ENACTING A NEW SECTION 11-17 "CODES ADOPTED", TO PROVIDE FOR THE ADOPTION OF CERTAIN STANDARD FIRE CODES; BY REPEALING SECTION 11-18, "SECTION 14.4 OF CODE AMENDED: AUTOMATIC SPRINKLER SYSTEMS"; BY ENACTING A NEW SECTION 11-18, "AMENDMENTS TO NATIONAL FIRE PROTECTION ASSOCIATION 1, FIRE PREVENTION CODE, 1987 EDITION"; TO PROVIDE FOR LOCAL AMENDMENTS TO ADOPTED NATIONAL FIRE CODES CONCERNING SPRINKLER SYSTEMS AND STANDPIPES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Dougherty moved for the adoption of Ordinance No. 105-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- 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. PROCEDURAL ITEMS 32. Mr. Weatherspoon moved to approve the minutes of the Regular Meeting of November 10, 1987, and Special Meetings of November 17, 1987, and November 24, 1987, 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. Mrs. Horenburger returned to the Commission Chambers at this time and presented a birthday cake to Mrs. McCarty while everyone sang Happy Birthday. 31.1. The following persons spoke in opposition to their definition of police harassment located near the Swap Shop on North Federal High- way: Marilyn Carr, George Cannon, Andrea McGirr, William Murtha, Steve Cepastnik, Maurice Verman and Richard Jordula. 31.2. Ernest Simon, President of the Chamber of Commerce, stated on March 17, 1987, Frank Wheat, then President of the Chamber of Commerce, sent a letter to the Mayor and the City Commission explaining that a number of complaints had been received relative to the traffic hazards that exist at the northern boundary of Delray Beach and the southern boundary of Boynton Beach in addition to unauthorized parking and trespassing. At this time the Chamber of Commerce urged the City to arrange a meeting including the officials from Palm Beach County, the -13- 12/8/87 Department of Transportation and Highway Patrol along with officials from the City of Delray to address this issue and arrive at a possible solution. This City has formerly appointed task forces that have solved problems in other areas of the City. This is obviously another problem that needs to be solved. Mr. Simon requested prior to, or in conjunc- tion with appointing a task force, if the City uses its Staff to review and specify the problem and describe it, the task force will be better able to deal with the problem. The Chamber of Commerce will endorse, and offer its services to assist in pursuing this program. 31.3. Stanley Milosky, a resident living near the Flea Market, stated there is a very serious problem with regard to the parking. He feels the Police Force should be doubled in order to protect the residents. 33.a.1. Mr. Dougherty stated he would like the Mayor's suggestion of adding a policy regarding preferential treatment of five percent to local businesses and contractors on considering award of contracts under competitive bids to be placed on a Workshop Agenda. If the Commission concurs, the Staff should be so instructed to include this clause in all future specifications. Mayor Campbell requested this be placed on a Workshop Agenda. 33.a.2. Mr. Dougherty stated the Acting City Manager received a letter from the City Attorney requiring a policy position on the part of the Commission, relative to the maintenance of right-of-way property. He feels this is another item to be placed on the Workshop Agenda. 33.a.3. Mr. Dougherty stated another policy matter arose with respect to the FEC Railway regarding their annexation. There was a question as to whether this property will be annexed, as the Railroad has voiced the opinion they are not in favor of being annexed into the City. The Commission concurred to annex the FEC Railway along with all the enclave property. 33.a.4. Mr. Dougherty stated the City Attorney raised the question in regard to the printing of additional copies and pamphlets of the Code prior to revising it. Mayor Campbell suggested more information is needed as to the number of copies and the cost factor. Assistant City Attorney Kurtz stated they will supply more information to the Commis- sion. 33.a.5. Mr. Dougherty questioned how the Commission is going to handle the general employees' pension board appointments, namely to replace Mr. Young. Mayor Campbell advised it will be advertised as per Commission policy. The Acting City Manager stated they are working on the replace- ment of vacancies that will be coming up in January and will have the information by the end of the week. 33.a.6. Mr. Dougherty stated the Palm Beach County Legislative delega- tion has submitted their agenda for meetings, including the meeting at City Hall in Delray on December 16th, relative to Bethesda Workshop. He is questioning the position to be taken by the City of Delray Beach. Mayor Campbell stated he feels it would be appropriate to place it on an upcoming workshop; however, from an organizational perspective, the City may want to encourage changes in either the composition structure or the appointment process to the Board. The Commission concurred to place it on an upcoming workshop. Mrs. Horenburger stated that since they are discussing meet- ings, she suggests placing on the same agenda the only South County delegation meeting at FAU on the same night as a Commission meeting. Perhaps the Regular Meeting of January 12th could be rescheduled in order for the Commission to participate. Mayor Campbell suggested the Commission members combine their input and give it to Kathy Daley and let her consolidate the ideas and come up with a proposal with the City Manager of a Legislative package. 33.a.7. Mrs. McCarty stated she had voiced earlier her hope that Staff would take advantage of grants available and a grant has come to her attention from a memo to the Board of Directors of the South County Drug -14- 12/8/87 Abuse Foundation. The Acting City Manager advised it is already being worked on along with another that will possibly involve Knowles Park. 33.a.8. Mrs. McCarty stated she feels the proposal by the Chamber of Commerce concerning the Swap Shop and getting Staff input as to specific agencies that should be involved, problems and violations is very well put and, if the Commission concurs, perhaps information can be cataloged and some attempt initiated to get started on solving this situation. Assistant City Attorney Kurtz advised there is a meeting tentatively scheduled for January 7, with Staff, Palm Beach County, DOT and the City Attorney's Office. 33.a.9. Mrs. Horenburger stated the cuts in the median on North Federal Highway in the area of the Swap Shop are placed for the purpose of primarily making left turns. She feels blocking those turns with cones would further impede the traffic flow and impact the other businesses. She then wished Mrs. McCarty a happy birthday, offered congratulations to the City Attorney on the birth of his son and wished everyone a happy holiday season. 33.a.10. Mr. Weatherspoon stated last Friday he attended a League of Cities Urban Administration Committee Meeting in Orlando. Some of the policy statements passed by the Legislators this last session were deleted. All efforts to date have been given to the service tax issue and if the Commission has any policy they would like promoted through the Urban Administration Committee, he would suggest they be prepared to submit this at the first meeting in January. 33.b.1. Assistant City Attorney Kurtz advised that each Commissioner has a letter and proposed contract between the City and the Delray Beach Housing Authority. The concerns voiced by the Commission were relayed to Mr. Federspiel and he could not supply an absolute legal reason as to why the City could not condition the proceeds of the sale being allocat- ed for Delray Beach. He felt his Auditors might give him some problems in having that notation, and was concerned as to the reaction of the Federal Government as funds are channeled in this direction. He was also concerned as to how the agreement would be enforced and what would happen if the funds are not used for Delray Beach. As a result, instead of putting it into the contract, a motion was passed indicating those funds would be spent in Delray Beach and it was conditioned upon the City making it a policy statement that the City would pay for a feasi- bility study for a Senior citizen project. If the Commission concurs, the agreement can be entered into. 33.b.2. Assistant City Attorney Kurtz announced the new addition to the Thiele family is a son named Brian Albert John Thiele, weighing in at seven pounds fifteen ounces, born at 6:14 A.M. today. 33.c.1. The Acting City Manager stated he needs official authorization from the Commission to process the expense requests now being received from the candidates for the City Manager's position. This includes travel expenses, hotel accommodations and food expenses. The Commission concurred in authorizing payment. 33.c.2. The Acting City Manager stated the Commission needs to offi- cially set the 22nd of December as the date for a Special Meeting. The Commission concurred. Mayor Campbell declared the meeting adjourned at 9:32 P.M. ATTEST: -15- 12/8/87 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 December 8, 1987, whi~_ minutes were formally approved and adopted by the City Commission only. /~?.~/~f/. 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- 12/8/87