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08-09-83 AUGUST 9, 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:02 P.M., Tuesday, August 9, 1983. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Doak S. Campbell Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager William H. Law, Jr. and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. Andrew Hall, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Perry moved for approval of the minutes of the Regular Meeting of July 26, 1983 and the Special Meeting of August 2, 1983, seconded by Mr. Jackel. Said motion passed unanimously. 5.a.1. Irwin Ives, 1120 Mahogany Way, representing a group of citizens who are concerned in improving conditions within the City, requested that Council consider taking action on the following items: (1) The merging of County pockets into the City's jurisdiction; (2) the beautification of Linton Boulevard from Dixie Highway west to Congress Avenue and (3) that Council give better notification to the public when a piece of property is sold or purchased or an easement is granted. 5.a.2. Lenore Banman, N.W. 5th Street, requested that Council help the citizens who live along the canal between Barwick Road and Military Trail with a snake problem they have. Approval has been given for a medical complex to be built there and they have been advised that some of the canal will be filled in with a drainage pipe; this will drive the snakes closer to their homes. They are asking for the City's help in draining the canal. Mrs. Banman also requested that the Code Enforcement be more rigid in enforcing ordinances. Mr. Campbell advised that they are going through a budgetary process at this time and one of the items they are seriously looking at is beefing up the City's Code Enforcement Division. 5.a.3. Margaret Brant, 60 Marine Way, stated that during the past few weeks there has been very heavy rain which has caused her condomin- ium to be flooded. She feels it is very important that something be done as quickly as possible. Mr. Perry stated that yesterday he spoke with the President of the Association and was informed that there are three separate pro- jects being processed through the City Engineer's office. He would expect that within the next few weeks they will see a solution to the problem. 5.b.1. Mr. Campbell stated that a few weeks ago Council passed a resolution urging the County to support them in their efforts to control County pockets. He suggested that they take an initiative in that regard and have the City Attorney draft a proposed agreement between the County and City. Council could then consider that draft and submit it to the County; he feels this would be a more expeditious process. Upon question by Mr. Bird, Mr. McDaniel stated that there is a meeting scheduled for next month to discuss this subject. He is in the process of preparing some papers and they will be making specific proposals to the County which they can consider and, hopefully, act upon. 5.b.2. Mr. Campbell stated he has noticed, from the minutes of meetings, that on several occasions members of the City's boards have turned around and represented a client or item in front of that board. He feels this is undue conflict of interest and would suggest that Council give direction to the boards to refrain from doing so. 5.b.3. Mr. Perry stated he feels the Screening Committee for the City Manager position has taken it upon themselves to determine where, when and for how long the advertising will be placed. He would suggest that Council either ratifies the Committee's action or clarifies what Council's intentions are with regard to the hiring of a new City Man- ager. 5.b.4. Mr. Bird stated he would like to make a modification to the buy back provision of the Pension Fund. Mr. Bird moved that those individuals currently outside, who are looking to come back into the program, be authorized to buy back in for a period of time to end on the last day of September 1984, seconded by Mr. Perry. Mr. Bird stated it might be appropriate to set forth some sort of schedule that it shall be at a rate not less than $1,000 per quarter until paid off. Mr. Bird amended his motion to include that it shall be at a rate not less that $1,000 per quarter, seconded by Mr. Perry. Said motion passed unanimously. 5.b.5. Mayor Young presented Resolution No. 77-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA ENDORSING THE EFFORTS OF THE CITY OF BOCA RATON, FLORIDA, WHO, BY ORDINANCE HAVE PROHIBITED AND DECLARED TO BE A PUBLIC NUISANCE THE BLOWING OR ACTIVATING OF ANY HORN OR WHISTLE FROM A RAILROAD TRAIN AFTER 7:00 P.M. AND BEFORE 7:00 A.M. ON ANY DAY WITHIN THE CITY OF BOCA RATON; PROVIDING FOR FURNISH- ING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 77-83 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 77-83, seconded by Mr. Perry. Mr. Bird suggested they amend the resolution to add a para- graph that, even if they never do away with horns, they could consider adding strobe lights. He feels people could never miss a strobe light, yet, because it is directional in nature it would not be a major impair- ment for the people who live in proximity to the railroad; they could have their safety and peace and quiet. Mr. Jackel amended his motion as suggested by Mr. Bird, Mr. Perry amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 5.c. The City Attorney requested that Item 19 be stricken from the agenda as they do not have the necessary information. This will be rescheduled for the next regular meeting. 5.d. The City Manager requested that Ordinance No. 63-83 and Ordinance No. 64-83 be added to the agenda as Items 38 and 39. - 2 - 8/9/83 6. Mr. Bird moved for approval of the agenda with the addition of Items 38 and 39 and the deletion of Item 19, seconded by Mr. Perry. Said motion passed unanimously. PUBLIC HEARING 7. Leasing Property to Palm Beach County Solid Waste Authority. Council is to consider approving and ratifying prior approval of the lease, contract and amendment to the contract between the City and Palm Beach County Solid Waste Authority. The City Attorney advised that, due to the short time frame, they had this item approved at the last regular meeting. They have now advertised this in the newspaper pursuant to the City's ordinances and this is before Council to have the public hearing and ratify their prior action. 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. Mr. Perry moved to approve and ratify prior approval of the lease, contract and amendment to the contract, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 52-83 - Zoning Ordinance Amendment - Vet- erinary Clinics. Ordinance No. 52-83, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Veterinary Clinics, is before Council 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 City Manager presented Ordinance No. 52-83: 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 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" (C) "CONDITIONAL USES" (21) AND SECTION 30-13 "CBD (CEN- TRAL BUSINESS DISTRICT)" (C) "CONDITIONAL USES" (18) TO ADD THE CONDITION OF "PROVIDING OVERNIGHT ACCOMMODATION OF PATIENTS IS FOR MEDICAL TREATMENT ONLY AND EXCLUDING BOARDING FACILITIES"; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. (Copy of Ordinance No. 52-83 is on file in the official Ordinance Book) The 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. Mr. Perry moved for the adoption of Ordinance No. 52-83 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 53-83 - Zoning Ordinance Amendment - Neighbor- hood Commercial District. Ordinance No. 53-83, amending Chapter 30 "Zoning" of the Code of Ordinances relative to expanding permitted and conditional uses in the Neighborhood Commercial District, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 3 - 8/9/83 The City Manager presented Ordinance No. 53-83: 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 30-9 "NC (NEIGHBORHOOD COMMERCIAL ) DISTRICT" (B) "PERMITTED USES" TO ADD ADDITIONAL PERMIT- TED USES AND SECTION 30-9 "NC (NEIGHBORHOOD COMMERCIAL) DISTRICT" (C) "CONDITIONAL USES" TO ADD ADDITIONAL CON- DITIONAL USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-83 is on file in the official Ordinance Book) The 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. Tore Wallin, member of the Planning and Zoning Board, stated that when this item came before the Board he opposed it. He feels the only reason for this particular ordinance is to put into the City an area which is nothing but commercial; it is not something needed in a neighborhood district. Upon question by Mr. Bird, Mike McDaniel stated that the Board felt if they went to a GC district it would allow certain uses they would not like to see in that area; nor would they like to see in another future neighborhood commercial area if one were created. The area in question is still a neighborhood commercial district in that only limited commercial uses are allowed. The subject property is intended to be a neighborhood commercial center which has limited com- mercial activity and serves the localized neighborhood as opposed to the general commercial districts which serve a much larger area. Mr. Campbell stated that he feels the Board was trying to keep the limitations as strict as possible for a neighborhood center and at the same time being pragmatic by trying to encourage people to come in from the existing County pocket. For that reason he is for this ordinance. Mr. Bird stated that his concern is that a neighborhood commercial category, as it presently exists, is very restrictive for what he feels are valid reasons. Some of the expanded permitted and conditional uses being discussed are excessively liberal. He would prefer liberalizing the uses for neighborhood commercial rather than adding more. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 53-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 54-83 - Amending Code Commercial Activity in the Beach Area. Ordinance No. 54-83, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances relative to commercial activity in the beach area, is before Council 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 sched- uled to be held at this time. - 4 - 8/9/83 The City Manager presented Ordinance No. 54-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 17 "PARKS, BEACHES, AND RECREA- TION''; ARTICLE II, "MUNICIPAL BEACH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 17-22, "SALES", AND ENACTING A NEW SECTION 17-22, "SALES AND RENTAL OF GOODS OR SERVICES", BY PROSCRIBING SALES AND RENTAL OF PROPERTY OR SERVICES ON THE MUNICIPAL BEACH AND STATE ROAD AIA, BY PROVIDING FOR THE FRANCHISING OF ACTIVITIES BY THE CITY COUNCIL, BY PROVIDING CRITERIA FOR THE GRANTING OF MUNICIPAL BEACH FRANCHISES, BY NOT ALLOWING ANY FRANCHISING ON STATE ROAD AIA; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DA TE. (Copy of Ordinance No. 54-83 is on file in the official Ordinance Book) The 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. Mr. Perry moved for the adoption of Ordinance No. 54-83 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird -Yes; Mr. Campbell -Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA Mr. Bird requested that Item 14 be removed from the Consent Agenda and placed as first item on the Regular Agenda. The following items are to be considered by Council as the Consent Agenda: 11. Conditional Use Approval - Barwick Road Baptist Chapel. Council is to consider a request for conditional use for Barwick Road Baptist Chapel, a proposed church, located west of Barwick Road between Lake Ida Road and the L-32 Canal, subject to the following conditions: (1) That a septic tank permit be obtained from the County Health Department before a building permit is issued. (2) That this project be completed in accordance with the approved site plans, i.e.: Barwick Road Baptist Chapel, Delray Beach, Flor- ida, prepared by Betty Nygard, Engineer, 400 South Swinton Avenue, Delray Beach, Florida, Sheet Nos. 1-3, dated 2/8/83 and Sheet Nos. 4-6, dated June, 1983; and prepared by F.A. Lee & Associates, Inc., Professional Land Surveyors & Planners, P.O. Box 5748, Lake Worth, Florida 33461, Sheet No. 7, dated 5/13/83. (3) That the only conditional use to be permitted hereunder is a church and its attendant educa- tional, child care, recreational, and columbarium facilities. (4) That the time limitation of this approval for Phase I be 18 months in accordance with Sec. 30-21 (E) of the zoning code, said time period to commence with the lifting of the water morato- rium. - 5 - 8/9/83 12. Extension of Site and Development Plan Approval - Sabal Pine Village. Council is to consider a request for an 18 month extension of site and development plan approval to February 9, 1985 for Sabal Pine Village, located at the northwest corner of S.W. 29th Street and Con- gress Avenue. This was approved 7-0 by the Planning and Zoning Board. 13. Council Chamber Air Conditioner - City Hall Expansion and Alterations. Council is to consider award of a contract to the low bidder, Hoffman's Air Conditioning, in the amount of $4,450.00 for a 7-% ton air conditioner for Council Chambers. Approval is recommended. 15. Installation of Vertical Blinds - City Hall Expansion and Alterations. Council is to consider award of a contract to the low bidder, Broward Window Shade, Inc., in the amount of $7,919.00 for vertical blinds to be installed in City Hall. Approval is recommended. 16. Nuisance Abatement. Resolution No. 76-83, assessing costs for abating nuisances on seven properties in accordance with Sections 13-12 and 13-13, is before Council for consideration. These are delin- quent accounts and this places a lien on the properties. Approval is recommended. The caption of Resolution No. 76-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 76-83 is on file in the official Resolution Book) Mr. Jackel moved for approval of the Consent Agenda, sec- onded by Mr. Perry. Mr. Bird amended the motion to approve the Consent Agenda with the exception of Item 14, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 14. Automatic Doors - City Hall Expansion and Alterations. Council is to consider award of a contract to the low bidder, Automatic Entrances, Inc., in the amount of $5,109.00 to install an automatic front door at the main entrance to the building. Approval is recom- mended. Mr. Bird questioned whether these doors are mandated by anyone or whether it would be a great deal more expensive to add them at a later date when the City's budgetary limitations were more relaxed. Upon question by Mayor Young, Mr. Church stated the only changes in the construction of the building, if they put in these doors, would be the way they are framed. Mr. Bird stated his concern is whether they have the monies to spend at this time for automatic doors. There will be a receptionist in the lobby and he would hope, if there is someone having difficulty managing the doors, that the City staff would assist. He feels they will get relatively small use from the doors. - 6 - 8/9/83 Mr. Jackel stated he feels they need automatic doors and they will be beneficial to a large group of people. The building will be completely accessible to the handicapped except for the doors. Mr. Bird moved not to approve the contract, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - No; Mr. Perry - No; Mayor Young - Yes. Said motion passed by a 3 to 2 vote. 17. Tent for Automobile Sale. Council is to consider a request by Sherwood Pontiac-GMC Truck, Inc. to erect four 30x30 tents during their automobile sale, August 10-14, 1983. Approval is recommended. Mr. Bird moved to approve the request by Sherwood Pontiac- GMC Truck, Inc. to erect four 30x30 tents, seconded by Mr. Perry. Said motion passed unanimously. 18. Right-of-Way Deed for Future Davis Road Realignment. Council is to consider acceptance of a right-of-way deed from Temple Sinai for future Davis Road Realignment. Approval is recommended. Mr. Bird moved to accept the deed, seconded by Mr. Jackel. Said motion passed unanimously. 20. Final Plat Approval - Temple Sinai. Council is to consider a request for final plat approval for Temple Sinai, an approved syn- agogue located north of West Atlantic Avenue, between N.W. 24th Avenue and High Point Boulevard. The Planning and Zoning Board recommends approval, subject to the following condition: (1) Engineering Division's memorandum of July 25, 1983. Mr. Perry moved to approve the final plat, seconded by Mr. Jackel. Said motion passed unanimously. 21. Appointment - Planning & Zoning Board. Council is to consider appointing a member to the Planning & Zoning Board to a term ending September 28, 1984. Mr. Jackel moved to appoint John Vislocky to the Planning & Zoning Board to a term ending September 28, 1984. Said motion died for lack of a second. Mr. Campbell stated he knows of several people who have also indicated interest in filing their resumes and have not had a chance to. Mr. Campbell moved to delay this item until the next regular meeting, seconded by Mr. Perry. Said motion passed unanimously. 22. Appointment - Internal Audit Committee. Council is to consider the appointment of David Nathanson as a regular member of the IAC to the unexpired term of Nelson Reeves ending April 27, 1984. Approval is recommended. Mr. Perry moved to appoint David Nathanson to the IAC to the unexpired term of Nelson Reeves ending April 27, 1984, seconded by Mr. Campbell. Said motion passed unanimously. Mr. Bird stated that given the work they have imposed on the IAC and the difficulty of maintaining a sizable work force during the summer he would like to request that they agenda on next week's workshop the possibility of expanding the board. 23. Medical Supplies. Council is to consider award of con- tracts for medical supplies for the Fire Department (Rescue Units) and the Parks and Recreation Department (Beach Patrol) in the amount of approximately $24,351.00 to the following low bidders, with funds to come from. the 1983-84 budget: - 7 - 8/9/83 Delray Community Hospital Atlantic Medical Supply Medical Supply Company Emergency Medical Service G.C. Wolf General Medical Mr. Perry moved to award the contracts, seconded by Mr. Bird. The City Attorney advised that this item and items 24 and 25 will be subject to review and approval of the contract documents. Mr. Perry amended his motion as advised by the City Attor- ney, Mr. Bird amended his second. Said motion passed unanimously. 24. Lawn and Turf Products. Council is to consider award of contracts for lawn and turf products for the Delray Beach Country Club and the Parks and Recreation Department in the amount of approximately $34,000.00 to the following low bidders, with funds to come from the 1983-84 budget: Superior Fertilizer Company Southern Mill Creek Products Woodbury Chemicals Asgrow Florida Company Mr. Bird moved to award the contracts, subject to review and approval of the contract documents, seconded by Mr. Jackel. Said motion passed unanimously. 25. Landscaping for City Hall. Council is to consider award of a contract for landscaping City Hall to the low bidder, Delray Nursery and Landscaping, in the amount of $24,868.00, with funds to come from the City Hall Construction Account. Landscaping plans were prepared by the City Horticulturist and approved by the Community Appearance Board. The landscaping has been designed to take advantage of the reflective glass with Alexandre Palms to accent the front of the building. It is anticipated that the planting will be completed by August 31st. Ap- proval is recommended. Mr. Perry moved to award the contract, subject to review and approval of the contract documents, seconded by Mr. Bird. Said motion passed unanimously. 26. Final Payment for Resurfacin~ Project. Council is to consider authorizing final payment for street resurfacing project to Pavex Corporation in the amount of $146,792.06, with funds to come from the 1982-83 budget. Approval is recommended. Mr. Perry moved to approve final payment to Pavex Corpora- tion in the amount of $146,792.06, seconded by Mr. Bird. Said motion passed unanimously. 27. Satellite Dish. Council is to consider continuation of appeal of Denntronics Cable, Inc./Pines of Delay (East) relative to denial of originally requested site plan modification at Pines of Delray (East) for satellite dish. Mr. Campbell stated the reason he had asked this item be postponed until tonight was because he wanted verification that there was some consideration made by the Division of Land Sales and Condo- minium on a pending action. He has now received proof that there has been an application made. Mr. Jackel stated that he feels this is strictly an internal matter which can be decided by the homeowners of the Pines. - 8 - 8/9/83 Mr. Jackel moved that they table this item. Said motion died for lack of a second. Mayor Young stated he feels Mr. Jackel's motion is very much in order in view of the fact that there is litigation presently on hand. If the City enters into it they might jeopardize one side or the other and he concurs with Mr. Jackel's thought. The City Attorney stated it has been their opinion all along, and nothing they have received has changed that opinion, that the review of the site and development plan approval request is an issue on the merits of the location alone; whether or not they have the ability to erect the structure at that location is a separate and distinct question from where that place could be. He feels Council has the option to postpone pending resolution, approve subject to resolution, or still have the option to consider the site and development plan approval request appeal strictly on the merits of Section 30-22 (D) criteria set forth therein and grant or not grant the appeal. Whether or not they can legally erect the dish there, and whether or not some future actions could be taken to cause it to be demolished because of improper matters within the condominium, is not a part and parcel of the site and develop- ment plan review. Whether Council wishes to take it into consideration or not is beyond the scope of what he wants to tell them. He feels they have the legal authority to not consider it if they are just looking at site plan. Mr. Jackel stated that regardless of any action Council takes the final determination will be made according to condominium law. He can not see the point in discussing this item any longer. Mr. Perry stated his understanding is that even if the condominium gets the 75% vote they need and take care of the condominium document situation they would still have to come back to Council for site and development plan approval. He feels they might as well handle the situation now. Upon question by Mr. Jackel, the City Attorney stated that Denntronics Cable, Inc. would have to come back to Council as they still need site and development plan approval for the location of the present site. In order for them to now erect the structure, although already there, but technically not permitted, on the site which it is currently located, they would need to appeal to the Planning and Zoning Board's denial of the site and development plan approval request. This is really a question of whether Council wishes to see this item now or later. Mr. Jackel moved that they do not uphold the Planning and Zoning Board's decision but approve the present site of the satellite dish. Upon question by Mayor Young, the City Attorney stated he still takes the position that, as far as Council is concerned, all they are telling Denntronics is that if they get the proper permissions, this is the site they will allow them to have the dish. Whether or not they can do it is not a concern for Council. Mr. Jackel withdrew his motion. Mr. Perry moved that the satellite dish site plan modifica- tion be denied in support of the Planning and Zoning Board's decision. Said motion died for lack of a second. Mr. Campbell advised that the two attorneys representing the sides are present tonight and perhaps they could allow them the courtesy of a very brief comment to Council. - 9 - 8/9/83 Rod Tennyson, attorney representing the Pines of Delray Condominium Association, stated in terms of the legalities he agrees with the City Attorney; this is a matter of law and policy which Council should not get into. Legally, he does not feel Council has the author- ity to get involved. Internal matters for condominiums are up to the votes of the unit owners and their Board of Directors. The decision for Council tonight is did the Planning and Zoning Board go beyond their authority and does the satellite dish meet all the local codes. If Council feels the satellite dish meets the code requirements it should be approved. Mr. Bernardo stated that if Council acts on this and re- verses the decision of the Planning and Zoning Board they are going to get themselves into a dispute. He feels they should hold off and wait to find out if the homeowners have managed to get the 75% approval needed. If they do not manage to get the 75% and Council approves the dish they would have approved a dish which does not belong there. The City Attorney advised that it is not his recommendation that Council table or postpone their action. Mr. Bird moved to table this item until the next formal meeting for reconsideration at that time, assuming that some action has been taken in the interim by either (a) the condominium in reliance upon the informal request of the Division of Land Sales or (b) a formal request on behalf of the aggrieved parties for the Division of Land Sales to take a formal action, seconded by Mr. Jackel. Mr. Campbell stated that when this first came before the Planning and Zoning Board the applicant needed to justify to the City that they were the property owner or they had given their permission to another agent to make an application. The Florida Statutes state that the Board of Directors of a Condominium Association has the authority to speak on behalf of the association. To date, there is nothing to prove to the City that the Board does not have the authority to speak on behalf of the association. The Division of Land Sales and Condominiums, which is entertaining a complaint, could very well make a ruling or opinion that perhaps the Board did not act properly and therefore did not under Florida Law have the authority to speak for the Association. He feels that when you are dealing with items which pertain solely within the bounds of a particular property you should look at things a little differently. In this instance he can not see that the health, welfare or safety of anyone is threatened nor how the citizenry or adjacent property owners are affected. Therefore, to him this is an internal dispute. He does not feel that the dish location is as damag- ing to individual property owners as some might feel; with additional screening the effects of the dish can be greatly modified. Mr. Campbell moved to overturn the recommendation and action of the Planning and Zoning Board in their denial of the minor site plan request by Denntronics and the Pines of Delray Condominium Association, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Mayor Young declared a recess the time being 8:38 P.M. The meeting was reconvened the time being 8:49 P.M. 28. Planned Parenthood. Resolution No. 74-83, authorizing execution of an agreement with the Florida Department of Community Affairs that the City sponsor the Community Affairs Trust Fund grant to Planned Parenthood in the amount of $36,000.00, is before Council for consideration. - 10 - 8/9/83 The City Manager presented Resolution No. 74-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE 'FLORIDA FINANCIAL ASSIST- ANCE FOR COMMUNITY SERVICES ACT; PROVIDING THAT THE CITY OF DELRAY BEACH WILL BE RESPONSIBLE FOR THE LOCAL MATCH REQUIRED UNDER PROVISIONS OF SAID ACT. (Copy of Resolution No. 74-83 is on file in the official Resolution Book) Mr. Jackel read a letter from Rabbi Samuel Silver, Temple Sinai, recommending that Council continue supporting Planned Parenthood. The City Manager advised that this item is a request that the City serve as a sponsor, with no cost to the City, thereby allowing Planned Parenthood to apply for a grant from the State of Florida. Shirely Mirow, Director of Planned Parenthood, stated the Planned Parenthood Organization she represents has received Community Affairs Trust Fund money sponsored by the City of Delray Beach since 1976. Mrs. Mirow outlined the services which Planned Parenthood offers and urged Council to sponsor the funding for the safety, health and well-being of families in this community. The following persons spoke in opposition of the City spon- soring Planned Parenthood: Charlie O'Brien, Dr. Von Stanley, Marie Schneider, Mary Rodriguez, Gene Montford, Scott McOwen and Louise Stebbens. The following persons spoke in favor of the City sponsoring Planned Parenthood: Dr. Cora Saltarelli, Kay Larsh and Dr. Philip Kiteland. Mr. Jackel moved for the adoption of Resolution No. 74-83, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - No; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 3 to 2 vote. Mayor Young declared a recess the time being 9:25 P.M. The meeting was reconvened the time being 9:28 P.M. 29. Resurface and Drainage Project - Marine Way. Resolution No. 75-83, awarding a contract for resurfacing and drainage on Marine Way to the low bidder, Hardrives, Inc., in the amount of $22,597.00, with funds to come from the Reserve for Renewal and Replacement portion of the 1982-83 Marine budget, is before Council for consideration. The City Manager presented Resolution No. 75-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT TO RESURFACE AND PROVIDE DRAINAGE ON MARINE WAY BETWEEN S.E. 1ST STREET AND S.E. 2ND STREET. Mr. Perry moved for the adoption of Resolution No. 75-83, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Campbell - Yes; Mr. Jackel - No; Mr. Perry - Yes; Mayor Young - No. Said motion failed by a 3 to 2 vote. Before roll call the following discussion was had: James Bowen, 116 Marine Way, stated he feels the road does not need to be resurfaced. There are no potholes and he would rather see the City spend the money on a much more needed improvement. - 11 - 8/9/83 Marie Horenburger, 510 North Swinton Avenue, stated that Marine Way from 1st Street to the Bridge Restaurant is falling into the Intracoastal and feels something should be done to that portion of Marine Way. Mr. Church, Director of Public Works, presented a zelar and explained to Council the work to be done on Marine Way. Mr. Jackel stated he feels this project is a classic example of Delray Beach filling open personnel slots and spending money which does not have to be spent just because it is on hand. Unless they put a halt to needless spending the City is going to end up in trouble. Mr. Perry stated it is his understanding from the people who live there that they have been looking forward to these improvements. He feels they have as much right to the improvements there as people directly across from them. Upon question by Mr. Bird that if they applied strict en- gineering standards for resurfacing and drainage, would this project be on their priority list, Mr. Church replied that it would not. The City Attorney advised this resolution would be subject to approval of the contract documents. Mr. Perry amended his motion as advised by the City Attor- ney, Mr. Bird amended his second. At this point the roll was called to the motion. 30. Ordinance No. 55-83 - Rezoning Request-Certified Auto Re- pair. Ordinance No. 55-83, relative to rezoning to SC (Specialized Commercial) District approval, is before Council for consideration on First Reading. The property is located at the northeast corner of Dixie Highway and Lindell Boulevard. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 55-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, TRACTS E, F AND G, TROPIC PALMS, PLAT NO. 1, AS SAME IS RECORDED IN PLAT BOOK 25 AT PAGES 99-102, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHEAST CORNER OF DIXIE HIGHWAY AND LINDELL BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1983". The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 55-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 31. Ordinance No. 56-83-Changing the City's Land Use Plan Desig- nation. Ordinance No. 56-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located at the northeast corner of Dixie Highway and Lindell Boulevard from RM-10 (Multiple Family Dwelling) to SC (Specialized Commercial) (Cer- tified Auto Repair), is before Council for consideration on First Read- ing. If passed, Public Hearing will be held on September 13th. - 12 - 8/9/83 The City Manager presented Ordinance No. 56-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR TRACTS E, F AND G, TROPIC PALMS PLAT NO. 1, AS SAME IS RECORDED IN PLAT BOOK 25, AT PAGES 99-102, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHEAST CORNER OF DIXIE HIGHWAY AND LINDELL BOULEVARD, FROM MF-10 (MULTIPLE FAMILY) TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 56-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mr. Campbell left the Council Chambers for the duration of items 32 and 33. 32. Ordinance No. 57-83-Chan~in~ the City's Land Use Plan Desig- nation. Ordinance No. 57-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located south of Gulf Stream Boulevard, between Webb Avenue and Dixie Highway from SF (Single Family) to C (Commercial), is before Council for con- sideration on First Reading. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 57-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM SF SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 57-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 33. Ordinance No. 58-83-Chan~in~ the City's Land Use Plan Desig- nation. Ordinance No. 58-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located west of Webb Avenue, between Gulf Stream Boulevard and Atlantic High School from SF (Single Family) to MF-6 (Multiple Family), is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 58-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM SF SINGLE FAMILY TO MF-6 MULTIPLE FAMILY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 58-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. - 13 - 8/9/83 Mr. Campbell returned to the Council Chambers at this time. 34. Ordinance No. 59-83-Chan~in~ the City's Land Use Plan Desig- nation. Ordinance No. 59-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located north of Allen Avenue, between Federal Highway and the Intracoastal Waterway from SF (Single Family) to MF-10 (Multiple Family), is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 59-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM SF SINGLE FAMILY TO MF-10 MULTIPLE FAMILY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 59-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mr. Perry left the meeting the time being 9:55 P.M. 35. Ordinance No. 60-83 - Geores Annexation. Ordinance No. 60-83, relative to annexing a one-acre parcel of land, subject to R-1AA (Single Family Dwelling) District, located north of N.W. 18th Street, if extended west, between N.W. 4th Avenue and Lake Ida Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 60-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, SECOND ADDITION TO HIGH ACRES, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 37, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 60-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 36. Ordinance No. 61-83 - LaScala Annexation. Ordinance No. 61-83, relative to annexing a 0.485-acre parcel of land, subject to R-1AA (Single Family Dwelling) District, located south of N.W. 22nd Street, between N.W. 4th Avenue and N.W. 3rd Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 61-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 16, LAKE SHORE ESTATES, ACCORDING TO THE PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 25, PAGE 26, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. - 14 - 8/9/83 The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 61-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 37. Ordinance No. 62-83 - Delra¥ Shores Professional Plaza - Rezoning, Conditional Use, Site and Development Plan. Ordinance No. 62-83, relative to rezoning to SAD (Special Activities District) and the further conditional use and site and development plan to allow an expan- sion of the permitted office use for an existing professional office project, is before Council for consideration on First Reading. The property is located south of Lake Ida Road, between Congress Avenue and Davis Road. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 62-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 1.44 ACRE PARCEL OF LAND LOCATED SOUTH OF LAKE IDA ROAD, BETWEEN CONGRESS AVENUE AND DAVIS ROAD, SAID LAND BEING IN SEC- TION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CON- DITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 62-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 38. Ordinance No. 63-83 - Posnack and Rosenthal Annexation. Ordinance No. 63-83, relative to annexing all of Blocks 29, 30, 31 and 33, Del-Raton Park, is before Council for consideration on First Read- ing. If passed, Public Hearing will be held on September 13th. The City Manager presented Ordinance No. 63-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH ALL OF BLOCKS 29, 30, 31 AND 33 OF DEL-RATON PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 63-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 39. Ordinance No. 64-83 - Rezoning, Conditional Use, Site and Development Plan. Ordinance No. 64-83, relative to rezoning to SAD (Special Activities District) and the further conditional use and site and development plan approval of Blocks 29, 30, 31 and 33 of Del-Raton Park, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 13th. - 15 - 8/9/83 The City Manager presented Ordinance No. 64-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING RS-RESIDENTIAL SINGLE FAMILY, IN PART, AND CG-GENERAL COMMERCIAL TO A DEPTH OF 150 FEET ON THE WESTERN BOUNDARY, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT) , BEING A 15.39 ACRE PARCEL OF LAND LOCATED NORTH OF AVENUE "L", BETWEEN FLORIDA BOULEVARD AND SOUTH FEDERAL HIGHWAY; SAID LAND BEING ALL OF BLOCKS 29, 30, 31 AND 33 OF DEL-RATON PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLOR- IDA, 1983". The City Attorney read the caption of the ordinance. Ernest Simon, representing the petitioners, requested that a package store be allowed among the permitted uses. Mr. Bird moved that Ordinance No. 64-83 be approved subject to a change in Section 2 which would eliminate package stores from the prohibition, seconded by Mr. Jackel. Mr. Campbell stated that to fully implement and protect all the property owners on the east side of Fredrick Boulevard he would suggest adding, as a requirement, that there be a line of either shade trees or Australian Pines planted along the street which would fully buffer the rear end of the shopping center. Mr. Campbell amended Mr. Bird's motion to approve Ordinance No. 64-83 subject to amending Section 2 and adding a paragraph requiring along the eastern boundary of the property, as it abuts the residential and/or Fredrick Boulevard, a line of shade trees, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Mayor Young declared the meeting adjourned at 10:07 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 Council of August 9, 1983, which minutes were for- mally approved and adopted by the City Council on ~ ,~J./~J. 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 Council. 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 - 8/9/83