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01-08-02JANUARY 8~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 8, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby Assistant City Attorney Brian Shutt City Clerk Barbara Garito For the benefit of the public, Mayor Schmidt announced the Commission is dressed more casual than usual this evening because they are wearing Fire Department shirts in honor of firefighter Peter Firehock who was killed in tragic circumstances over the holidays. Mayor Schmidt stated the Commission wanted to do something to honor his memory. 2_ The opening prayer was delivered by Reverend William Stokes with St. Paul's Episcopal Church. o PLEDGE OF ALLEGIANCE TO THE FLAG. o AGENDA APPROVAL. Mayor Schmidt noted the addition of Item 7.A. to the agenda by addendum and revised Ordinance No. 2-02 (Item 12.A., First Readings). Mr. Perlman moved to approve the agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 4, 2001, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to approve the Minutes of the Special Meeting of December 10, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt noted a correction to the Minutes of the Regular Meeting of December 11, 2001. On page 15 in the fourth paragraph it should read "required a retainer" not "filed a retainer". Ms. McCarthy moved to approve the Minutes of the Regular Meeting of December 11, 2001 as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of December 21, 2001, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote (Commissioner McCarthy was absent at the meeting of December 21, 2001). o PROCLAMATIONS: 6oAo Martin Luther King, Jr. Day - January 21, 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming January 21, 2002 as Martin Luther King, Jr. Day. Mrs. Ridley came forward to accept the proclamation. ° PRESENTATIONS: 7.A. RESOLUTION NO. 7-02: A resolution recognizing and commending R. Howard Wight for ten years of dedicated service to the City of Delray Beach. The caption of the Resolution No. 7-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING R. HOWARD WIGHT FOR TEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. -2- 1/08/02 (The official copy of Resolution No. 7-02 is in the City Clerk's office.) Mayor Schmidt read Resolution No. 7-02 recognizing and commending R. Howard Wight for ten years of dedicated and faithful public service. Mr. Wight came forward to accept the Resolution. Mr. Levinson moved to approve Resolution No. 7-02, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. HOLD HARMLESS AGREEMENT/DELRAY LINCOLN MERCURY: Approve a Hold Harmless Agreement with Southeast Investments of Palm Beach County, Inc. for utility work performed within the state right-of-way under the Florida Department of Transportation permit. 8.B. REVISION TO WEED & SEED LEASE AGREEMENT: Approve a revision to the Weed & Seed Lease Agreement changing the name of the lessee on the Agreement from Weed & Seed Program to The Friends of Weed & Seed, Inc. 8oCo PALM BEACH COUNTY FUNDING AGREEMENT/PINEAPPLE GROVE ROADWAY IMPROVEMENTS: Approve a funding agreement with Palm Beach County for reimbursement to the City of up to $45,000.00 for roadway improvements relating to accent lighting and decorative pedestals along Pineapple Grove Way. 8.D. FDOT/CSX S.W. l0TM STREET CROSSING REIMBURSEMENT AGREEMENT: Approve an agreement with the State of Florida Department of Transportation (FDOT) and CSX Transportation, Inc. to designate maintenance and modification responsibilities upon completion of the expansion of the railroad crossing located at SW l0th Street. The City's annual maintenance costs after completion of the project are estimated at $3,098.00. 8.E. SUBDIVISION PLAT APPROVAL/ESTUARY II: Approve the subdivision plat for Estuary II, which consists of lots for 22 townhouse units located on Royal Palm Boulevard just west of the Estuary development. 8oFo CHANGE ORDER NO. 2 & FINAL PAYMENT/TELCON, INC./VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS: Approve Change Order No. 2 in the net deduct amount of $265,666.80 and final payment in the amount of $138,451.62 to Telcon, Inc. for the Venetian Drive Infrastructure Improvements project. Residual funds to be liquidated from 370-3162-541-65.42 (2000 Bond-Barrier Island) in the amount of $180,779.39, 448-5461-538-65.09 (Storm Water-Venetian) in the amount of $25,000.00, and 442-5178-536-65.09 (W/S R&R Venetian Drive) in the amount of $59,887.41. -3- 1/08/02 8.G. CHANGE ORDER NO. 2/FLORIDA BLACKTOP~ INC./SE/SW AREA INFRASTRUCTURE IMPROVEMENTS: Approve Change Order No. 2 to Florida Blacktop, Inc. in the total amount of $70,390.52 for the SE/SW Area Infrastructure Improvements project. Funding is available from 370-3162-541-65.45 (2000 Road Bond-SE/SW Area). 8.H. RESOLUTION NO. 2-02/ICMA 457 DEFERRED COMPENSATION PLAN: Approve Resolution No. 2-02 adopting the amended and restated Plan and Trust document for the ICMA Retirement Corporation Section 457 Deferred Compensation Plan effective January 1, 2002, which reflects changes in the law as a result of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). The caption of Resolution 2-02 reads as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE AMENDED AND RESTATED PLAN AND TRUST DOCUMENT FOR THE ICMA RETIREMENT CORPORATION SECTION 457 DEFERRED COMPENSATION PLAN EFFECTIVE JANUARY 1, 2002; PROVIDING THAT THE ASSETS OF THE PLAN SHALL BE HELD IN TRUST FOR THE EXCLUSIVE BENEFIT OF PLAN PARTICIPATES AND THEIR BENEFICIARIES; PROVIDING THAT THE PLAN WILL NOT PERMIT LOANS; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 2-02 is on file in the City Clerk's office.) 8oio RESOLUTION NO. 5-02/UTILITY EASEMENT ABANDONMENT: Approve Resolution No. 5-02 to authorize the abandonment of a 6' utility easement within the Plat of Sabal Lakes Phase Three, located east of Barwick Road and north of the L-31 Canal. The caption of Resolution No. 5-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 6' UTILITY EASEMENT WITHIN THE SABAL LAKES PHASE THREE DEVELOPMENT LOCATED EAST OF BARWICK ROAD NORTH OF CANAL L-31, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 5-02 is on file in the City Clerk's office.) 8.J. AUTHORIZTION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION/CANVASS ABSENTEE BALLOTS AND REPRESENT THE CITY AT THE LOGIC AND ACCURACY TESTS FOR THE MUNICIPAL ELECTION: -4- 1/08/02 Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee ballots for the March 12, 2002 Municipal Election, and represent the City at the requisite Logic and Accuracy tests. 8.K. ADDITIONAL FUNDING REQUEST/CHILDREN' S SERVICES COUNCIL: Approve an additional funding request in the amount of $43,433.00 to the Children's Services Council (CSC) due to an increase in salary for the Out of School Director, operating expenses for additional programs required by the CSC, implementation of additional programs requiring parental involvement, and establishment of a new program titled "New Innovations". 8.L. SPECIAL EVENT/CELEBRATE THE SOUL OF DELRAY: Approve a special event request for the second "Celebrate the Soul of Delray" event to be held on Saturday, February 16, 2002, including a temporary use permit for street closure and use of Atlantic Avenue from NW/SW 1st Avenue to NW/SW 5th Avenue, a waiver to allow event signage more than one week in advance, provide staff support, FDOT permit application, obtain power from FPL as needed, and waiver of overtime costs. 8.M. GREEN MARKET EXPANSION REQUEST: Approve a request from the Delray Green Market to allow the market to expand and utilize a portion of SE 2nd Avenue from Atlantic Avenue to just north of the first parking lot entrance. 8oNo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 10, 2001 through January 4, 2002. 8o0o AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to CompServ in the amount of $21,175.00 for the purchase of three servers under State Contract #25004099-1. Funding is available from 001-1811-513-64.11 (Computer Equipment) in the amount of $12,137.00 and 334-6112-519-64.11 (Computer Equipment) in the amount of $9,038.00. 2_ Bid award to Tanner Industries in the amount of $15,680.00 for the purchase of Anhdyrous Ammonia for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Operating Supplies/Chemicals). 3_ Bid award to Accurate Tennis in the amount of $23,900.00 for the resurfacing of six (6) acrylic tennis courts and full fiberglass membrane on the stadium court at the Tennis Center. Funding is available from 334- 4145-572.63.90 (Other Improvements). Mr. Perlman moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -5- 1/08/02 9. REGULAR AGENDA: 9.A. REQUEST FOR MODIFICATION OF STANDARDS GOVERNING FINGER PIERS: Consider modification of standards in Land Development Regulations (LDR) Section 7.9.8 governing Finger Piers, pursuant to Section 7.9.4(A) of the LDR, to allow a 35-foot finger pier to be constructed at 405 SE 7th Avenue. The normal standard is 25-feet of dock length. (Quasi-Judicial Hearing) The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated anyone from the public who wishes to address the Commission regarding the modification, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Lula Butler, Director of Community Improvement, explained this item is before the Commission for approval of modifications to the standards under Section 7.9.8 governing Finger Piers pursuant to Section 7.9.4(A) of the Land Development Regulations. The owner is requesting a variance that would provide a 10-foot waiver to the maximum 25-feet limitation that these docks are allowed to extend from the seawall. The additional 10-feet is required for each dock to allow boats to be moored safely. The applicant has received approval from the Department of Environmental Protection and Department of the Army Corp. of Engineers. Ms. Butler stated this is consistent with what has been done with other properties along the same area and staff recommends approval. Steve Harsnett, owner of 405 S.E. 7th Avenue, stated this has been a long journey with The Army Corp. of Engineers and the Department of Environmental Protection in order to get this approval. Mr. Harsnett asked the Commission to take into consideration that he is actually going to be further into the shoreline than his neighbors to the immediate north and south. There being no one else who wished to address the Commission regarding the modification, the public hearing was closed. Mr. Levinson moved to approve the request for modification, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion -6- 1/08/02 passed with a 5 to 0 vote. 9.B. BID AWARD/U.S. BIOSYSTEMS: Consider a bid award to U.S. Biosystems in the amount of $10,000 for laboratory analysis testing of water and wastewater for the Water Treatment Plant Lab. Funding is available from 441-5124-536-34.90 (Other Contractual Services). Dick Hasko, Director of Environmental Services, stated the annual contract budget is $10,000. Mr. Hasko stated staff is recommending U.S. Biosystems located in Boca Raton because U.S. Biosystems has newer equipment, a larger staff, and the location is much closer. Mr. Hasko stated staff is looking at what is in the best interest of the City. Mr. Perlman commented that this is a $10,000 bid award and asked how much higher are the other bids. In response, Mr. Hasko made reference to page 3, the Tabulation of Bid Sheet and the Schedule of Pricing Bid Form. Mr. Hasko explained Palm Beach County Water Laboratory have bid prices for groups A through G and list one bid price because it is the same for all of the different categories in any individual group. Mr. Perlman moved approval of the bid award to U.S. Biosystems in the amount of $10,000 for laboratory analysis, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oCo REJECTION OF BIDS/LINEN RENTAL FOR DELRAY BEACH GOLF COURSE RESTAURANT: Consider rejection of all bids received for Bid No. 2002-06/Linen Rental for the Delray Beach Golf Course Restaurant due to incorrect bid specifications and authorize staff to re-bid contract. Robert A. Barcinski, Assistant City Manager, stated after the bids were opened some errors were discovered in the bid specifications provided by the golf course staff. Mr. Barcinski stated the Purchasing Department felt it would be best to reject all bids, re-write the specs, and authorize staff to re-bid this contract. Mr. Levinson moved to approve staff' s recommendation to reject all bids and re- bid the contract, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.D. MEMORANDUM OF UNDERSTANDING/HOMELESS CENSUS AND SURVEY OF PALM BEACH COUNTY: Consider approval of a $2,500.00 payment to the Palm Beach County Department of Housing and Community Development as our share for undertaking a Homeless Census and Survey of Palm Beach County. Funds are available from neighborhood grant revenues. The City Manager stated this is before the Commission to consider approval of the agreement. The City will pay $2,500 from Community Development funds to participate in -7- 1/08/02 the census which is being conducted by Palm Beach County. Mr. Levinson commented that Delray Beach will be the first City to sign on for this project. Mr. Levinson moved to approve the contribution in the amount of $2,500.00 and the Memorandum of Understanding between HCD and the City, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 0oEo DIFFERENTIAL PAY FOR EMPLOYEES CALLED UP FOR MILITARY RESERVIST DUTY: Consider an extension of an additional 90-days for differential pay for full-time City employees who are Military Reservists and who have been called to active duty. The City Manager stated the first employee who was called to active duty is approaching the 90-day point. Staff is recommending an additional 90-day extension period where the City would pay the difference between their normal pay and their base military pay. The City Manager stated as indicated in the agenda backup, an additional Police Officer has been called to active duty and this should be handled in a similar way. Brief discussion followed between the City Manager and the Commission. After discussion, Mrs. Archer moved to approve the extension for up to one year for differential pay for full-time City employees who are Military Reservists called to active duty, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one regular member to the Board of Adjustment for an unexpired term ending August 31, 2002. Based on the rotation system, the appointment of the regular member will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint Jillian Woehlkens as a regular member to the Board of Adjustment for an unexpired term ending August 31, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oGo APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Appoint one regular member to the Community Redevelopment Agency Board for an unexpired term ending July 1, 2005. Based on the rotation system, the appointment of the regular member will be made by Commissioner Perlman (Seat #1). Mr. Perlman moved to appoint Charles Ridley as a regular member to the -8- 1/08/02 Community Redevelopment Agency Board for an unexpired term ending July 1, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.H. EMINENT DOMAIN PROCEEDINGS/APPOINTMENT OF OUTSIDE COUNSEL: Consider approval of Resolution No. 6-02 authorizing the commencement of eminent domain proceedings against a parcel located at Parcel A, Norjac Plat, for stormwater retention purposes with a proposed purchase amount of $541,730.00. In addition, staff recommends the appointment of Bill Doney as outside counsel for this matter at a rate of $200.00 per hour. The City Attorney stated this is a request for appointment of outside counsel where the City needs this property for stormwater retention. The City Attorney staff is recommending the appointment of Bill Doney as outside counsel for this matter at a reduced rate from $200.00 to $185.00 an hour. The City Attorney stated the reduced rate was agreed to by the outside counsel. Ms. McCarthy moved to appoint Bill Doney as outside counsel, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 0.I. PROPOSAL FOR SETTLEMENT IN KOLLER v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $50,000.00 in Koller v. City of Delray Beach. Staff recommendation is denial. Mr. Perlman moved to deny the Proposal for Settlement, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion to deny passed with a 5 to 0 vote. 0.J. APPOINTMENT OF OUTSIDE COUNSEL/VISTA DEL MAR V. CITY OF DELRAY BEACH: Consider appointment of Weiss & Handler to act as outside counsel for the case of Vista Del Mar v. City of Delray Beach at a rate of $150.00 per hour. Prior to the vote, Mr. Perlman stated he spoke with the City Attorney about whether or not this could be handled in-house and was informed that it could be. Secondly, Mr. Perlman stated because staff is down by one attorney, he inquired whether or not there is a problem with workload. Mr. Perlman stated his philosophy regarding appointment of outside counsel is if the City can hire them because they give the City an edge or some kind of special skill that the City does not have in-house, this is when outside counsel should be appointed. Mrs. Archer commented because of the zoning issues that are involved she feels it would probably be a good idea to have outside counsel in this case. Mrs. Archer stated she does not necessarily support the use of outside counsel in most instances. However, as in this case, -9- 1/08/02 she feels it is important to do so and would like to see this resolved quickly. Mr. Perlman reiterated that he feels this is right in the City Attorney's area of strength and therefore feels the City does not have to hire outside counsel in this particular instance. Mr. Levinson stated he feels this is a unique situation in that there are diametrically opposed similarities in this case. Mr. Levinson feels it makes sense for the City to hire outside counsel in this particular case because of attorneys and issues that are pretty clear, and also taking into consideration the City Attorney's staff is currently down by one attorney. Mrs. Archer moved to approve appointment of Weiss & Handler to act as outside counsel for the case of Vista Del Mar v. City of Delray Beach, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No. Said motion passed with a 4 to 1 vote. At this point, the time being 6:43, the Commission moved to Item 12, First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 2-02: An ordinance amending the Land Development Regulations Section 4.6.16(D)(2) to add a subsection regarding the substitution of mature, exceptional tree specimens for required parking. If passed, a public hearing will be scheduled for February 5, 2002. The City Manager presented Ordinance No. 2-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING PARAGRAPH 4.6.16(D)(2), "PRESERVATION AND PROMOTION OF EXISTING PLANT COMMUNITIES", BY ENACTING A NEW SUB-PARAGRAPH (d), TO ALLOW FOR THE SUBSTITUTION OF MATURE, EXCEPTIONAL TREE SPECIMENS FOR REQUIRED PARKING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-02 is on file in the City Clerk's office.) Paul Dorling, Planning Director, explained this amendment was generated during the site plan approval process for a restaurant known as "Elizabeth's on the 7th''. A waiver was requested to reduce the number of required parking spaces in order to save a very large, mature -10- 1/08/02 Black Olive tree. At its meeting of April 17, 2001, the Commission reviewed the request and was informed that prior to 1990 the zoning code contained a provision to allow substitution of required parking in order to save specimen trees. The Commission approved the waiver and directed staff to amend the LDR's to reinstate this provision. At its meeting of December 17, 2001, the Planning and Zoning Board voted 7-0 to recommend approval of this amendment. Mr. Levinson moved to approve Ordinance No. 2-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 3-02: An ordinance correcting rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of E. Atlantic Avenue. If passed, a public hearing will be scheduled for February 5, 2002. The City Manager presented Ordinance No. 3-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO CBD (CENTRAL BUS1NESS DISTRICT); SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF BRONSON AVENUE APPROXIMATELY 100' SOUTH OF EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-02 is on file in the City Clerk's office) Paul Dorling, Planning Director, stated this is a corrective rezoning and it is accompanied by a corrective land use amendment which will be brought before the Commission on February 5, 2002. At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request and voted 7-0 to recommend that the request be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1., 3.2.2., and 2.4.5(D)(5), that the previous zoning district was established in error. Mrs. Archer commented about the lot being cut in half and asked if this is normally done with zoning changes. In response, Mr. Dorling stated cutting the lot in half is not -11- 1/08/02 normally done. Mrs. Archer suggested including the entire lot. Mr. Dorling commented that this follows the ownership line and therefore the owner owns half a lot. Mrs. Archer moved to approve Ordinance No. 3-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated he has some further follow-up on the conditions at 906/908 S.W. l0th Street. The property was checked on Saturday, December 15th and Sunday, December 16th. There were four cars parked adjacent to the structure on the east side and one parked on the west side. The City Manager stated on Monday, December 17th the same cars were parked and all cars belong to occupants of the premises which is a duplex. The owner of the property will be cited under the driveway ordinance which requires paved driveways and parking spaces. The landscape inspector has also been directed to cite the location under the non-conforming landscape regulations since it is a duplex. The City Manager reported the resident has cleaned up the yard area considerably. Secondly, with regard to a concern expressed to the lack of sensitivity to providing services for people living east of the Intracoastal and a concern expressed about installing the sidewalk near the Seagate Hotel and Beach Club, the City Manager stated the City does review capital infrastructure improvement requirements on an annual basis and the City has done a great deal east of the Intracoastal in the last few years. Public health and safety priorities addressed include provision of adequate fire protection through numerous water main upgrade projects, reduction of sewage odors, overflow events, and ground water intrusion through the reconstruction and lining of sewer mains and rehabilitation and upgrading of sewage lift stations. Additional public safety needs have included a correction of access and drainage problems through the reconstruction of roadways and drainage systems including rehabilitation of two existing storm water pump stations and construction of five new storm water pump stations to alleviate chronic flooding problems. Other projects have included construction in the Fire Station to serve the barrier island, beautification improvements to Atlantic Avenue between the Intracoastal and A-l-A, and numerous improvements and enhancements to the City Parks and Recreation facilities. Over the past ten years the City's investment in providing enhanced levels of service for public health safety and welfare infrastructure on the barrier island have exceeded $30 million. With regard to the sidewalk in front of the Seagate Club, the City Manager stated the City agrees that the improvement would provide continuity for pedestrian circulation of the area filling the current gap between Casuarina Road and Bucida Road on A-1-A. The City Manager stated the estimated cost is $35,000 and the FDOT Five-Year Transportation Plan indicates that improvements are programmed for 2006. The City Manager stated the sidewalk construction could be included in that project or advanced through programming in the City's capital plan at the direction of the Commission. -12- 1/08/02 With regard to a concern expressed about the public not being able to see presentations, the City Manager stated all applicants have been informed of the requirement to present items either in Power Point format or through the use of overhead transparencies. The City Manager stated this is conveyed to applicants through written notice on the development applications. In addition, applicants will be reminded in the project acceptance letters and in subsequent letters sent to the applicants requesting project revisions. The City Manager stated staff will also remind applicants prior to the scheduled meeting dates. While it is anticipated that most applicants will comply, there may continue to be those who do not or in some cases cannot. With regard to a concern expressed about the fact that the City allows members of the public as well as the development community to initiate text amendments to the LDR' s, the City Manager stated using the approach in which the City uses, there are applications for text amendments whereas the City collects processing fees. The City Manager stated the Commission can consider the amendment and either approve it if it would be in the best interest of the City, or if not, the text amendment is denied. The City Manager noted the LDR's are subject to change and the City needs to have a mechanism for handling these changes. With regard to a concern expressed by Mr. Magazine that he was experiencing a communication problem with the Police Department and the Community Improvement Department. With regard to the Police, the City Manager stated the Captain for that district felt there was no communication problem but that Mr. Magazine had unrealistic expectations of the Police Department. Much of what Mr. Magazine complained about to the Police Department were not criminal matters or quality of life matters that could be impacted by the Police Department. The City Manager stated there is a meeting scheduled for January 17th with Community Improvement, the Police Department, and Mr. Magazine to further address his concerns. In addition, Mr. Magazine stated he made numerous calls to Ms. Butler and she had not responded. The City Manager stated Ms. Butler has reviewed her telephone log back to October 2001 and has found one telephone message from Mr. Magazine. The City Manager stated one of the frustrations that Mr. Magazine had expressed is that Rainberry Woods is the third community the City is supposed to get to with some neighborhood planning and he felt it should have been addressed sooner. The City Manager stated the City should be addressing the neighborhood planning in Rainberry Woods by the end of the year. At this point, the time being 6:55 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Mana;~er. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. -13- 1/08/02 The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson stated he was pleased to see the memo from the Fire Department regarding the clinic being available now to all employees. He feels this may help to mitigate some of the costs of health care by preventative care. Secondly, Mr. Levinson stated he has been in contact with Commissioner Mike Ferguson who is very interested in pursuing a greensway referendum. He is going to the Legislature to find a sponsor and feels this is something that could be put on the table with regard to the Parks and Recreation Master Plan where the Commission could look at the option of the Greensway Program. With regard to the Sewer Board, Mr. Levinson stated the Board has been meeting on the reuse issue. He stated it appears at the next sewer Board Meeting they will recommend moving toward to total reuse on the plant. Mr. Levinson stated for Delray it is great because it allows the City to tap off the outfall line so that some of the distribution through the City can already be provided. Lastly, Mr. Levinson commented that the Leadership Florida Program has a local government's effort that puts on its two 2-day sessions. Mr. Levinson stated this is a great program and stated he will provide an application program brochure to anyone who is interested in the program. 13.C.2. Commissioner McCarthy Commissioner McCarthy had no comments or inquires on non-agenda items. 13.C.3. Commissioner Perlman Mr. Perlman stated the First Night event was very well done and commended the Committee for preserving a good family night. Secondly, with regard to the Downtown Business District Plan, Mr. Perlman stated they are proceeding with the southwest neighborhood plan. Mr. Perlman stated they met with some people today and reviewed twelve of the proposals that came in. Mr. Perlman stated there has been a decision by the Committee with the goal of trying to attract major Foundation Grants and long-term commitment. Mr. Perlman stated there has been some interest from major national foundations in getting behind the effort that is being done in Delray. Mr. Perlman stated he is very excited about this and feels the meeting was very productive. Mr. Perlman stated if -14- 1/08/02 this can be put together quickly, he feels the City may be able to attract funding and become a national model especially with regard to how downtowns interact with nearby neighborhoods. Mr. Perlman stated he came across Lyle Sumek's Report from the joint meeting the Commission had with the CRA and WARC and noticed many of the target dates were missed on follow-up. Mr. Perlman feels the meeting was very worthwhile and was good in building relationships and giving direction both to the CRA and WARC. However, Mr. Perlman stated he would hope the Commission could begin to hit some of those target dates and attack this in the New Year. 13.C.4. Commissioner Archer Mrs. Archer echoed comments expressed by Mr. Perlman regarding WARC. Secondly, Mrs. Archer feels First Night was very successful and commended Frank McKinney, the Chamber of Commerce staff, and the City staff. Mrs. Archer stated she did not have the opportunity the evening of First Night to really make the City participants known. Therefore, Mrs. Archer thanked the following City employees for their hard work by reading their names into the record (attached is a copy hereto and made an official part of the minutes): Jennifer Buce, Recycling Coordinator Sharon Painter and Jeff Dooner with JCD Sports Group Lt. Geoff Williams and Officer Jim Finley and the Police staff Assistant Chief John Tomaszewski and the Fire Department staff Tim Simmons, Superintendent Parks Maintenance and staff Harold Bellinger, Superintendent of Streets & Traffic and staff Jim Schmitz, Superintendent of Building Maintenance and staff Rich Olson, Interim Deputy Director of Public Works Lula Butler, Director of Community Improvement Robert A. Barcinski, Assistant City Manager Mrs. Archer asked if the City gives plaques of appreciation to individuals who serve on City Boards or on various volunteer task forces and if not, she would like the Commission to consider doing this. Mr. Levinson stated there is an annual dinner where these individuals are recognized. Mrs. Archer asked if plaques are given to these individuals at the annual dinner. In response, Mayor Schmidt explained that plaques are given out at the annual dinner. Mrs. Archer asked if members of these Boards have to go to the dinner in order to receive a plaque. In response, Mr. Levinson stated these individuals do not have to attend the dinner in order to receive a plaque. Lastly, Mrs. Archer commented that the Commission may want to schedule a revision meeting so that they may review the various items they want to discuss on Palm Beach County Day in Tallahassee. 13.C.5. Mayor Schmidt -15- 1/08/02 Mayor Schmidt had no comments or inquiries on non-agenda items. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 60-01: An ordinance amending the Future Land Use Map (small-scale) from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low Density Residential 0-5 du/ac) and associated annexation with initial zoning of R-1-AAA (Single Family Residential) for the Mason Property, located on the west side of Barwick Road, approximately 500 feet south of Sabal Lakes Road. 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. (Quasi-Judicial Hearing as to Zoning) The City Manager presented Ordinance No. 60-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 60-01 is on file in the City Clerk's office.) 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 City Attorney stated this item will be conducted as a quasi-judicial hearing as -16- 1/08/02 to zoning, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contracts. No ex parte contacts were noted. The City Attorney stated anyone from the public who wishes to address the Commission regarding this issue, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2002-10 and #2002-11. Mr. Dorling stated this involves a 0.88 acre property that is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area Future Annexation Area and the owner is seeking voluntary annexation at this time. The annexation request was made in conjunction with a request for city water services. At its meeting of November 19, 2001, the Planning and Zoning Board held a public hearing and after discussion voted 5-0 to recommend that the requests be approved, based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave and that services will be provided to the property in a manner similar to other properties within the City. There being no one else who wished to address the Commission regarding Ordinance No. 60-01, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 60-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 61-01: An ordinance amending Land Development Regulations Section 4.4.13(G)(1)(a) regarding residential parking requirements in the CBD (Central Business District). 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. 61-01: AN ORDINANCE OF THE CITY COMMISSION OF THE -17- 1/08/02 CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", PARAGRAPH (1), "PARKING" TO ELIMINATE THE PROVISION ALLOWING CONVERSION OF RESIDENTIAL SPACE TO NON-RESIDENTIAL SPACE WITHOUT PROVIDING ADDITIONAL PARKING WITHIN A PORTION OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 61-01, the public hearing was closed. Mrs. Archer commented that she feels this is a very important ordinance because the Parking Management Board has been very concerned about some of the City's parking regulations and the loopholes that have existed. She stated the Board has been working long and hard to try and resolve some of those issues. Mrs. Archer moved to adopt Ordinance No. 61-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 62-01: An ordinance providing for Charter revisions by repealing Article III, "Legislative", and enacting a new Article III, "Legislative", to the City Charter by repealing Article VIII, "Municipal Courts", and amending remaining Articles I, II, IV, V, VI, and VII to clarify, delete obsolete references, correct grammatical errors, reorganize and to enhance the Charter's "Readability"; providing for a Referendum. 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. 62-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR -18- 1/08/02 CHARTER REVISIONS BY REPEALING ARTICLE III, "LEGISLATIVE", AND ENACTING A NEW ARTICLE III, "LEGISLATIVE", TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE VIII, "MUNICIPAL COURTS", AND AMENDING REMAINING ARTICLES I, II, IV, V, VI, AND VII TO CLARIFY, DELETE OBSOLETE REFERENCES, CORRECT GRAMMATICAL ERRORS, REORGANIZE AND TO ENHANCE THE CHARTER'S "READABILITY"; PROVIDING FOR A REFERENDUM; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 62-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. John Bennett~ President of Progressive Residents of Delra¥ (PROD) and speaking on behalf of the or~anizatiom stated he is pleased to announce that the Board of Directors of PROD unanimously endorses this ordinance and they also look forward to educating the public in what is involved in this Charter revision. There being no one else who wished to address the Commission regarding Ordinance No. 62-01, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 62-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 63-01: An ordinance providing for Charter revisions by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to the Office of Mayor", providing for the length of the Mayor' s term if elected at a Special election; by repealing Section 3.06(d), "Vacancies; Forfeiture of Office; Filling of Vacancies", and enacting a new Section 3.06(d), "Filling a Vacancy in the Office of Mayor" and subsection 3.06(d)(1)(2)(3)(4) and (5); to provide for filling a vacancy in the Office of Mayor; by amending Ordinance No. 62-01 by repealing Sections 3.08(b)(1)(2) and (3) of Ordinance No. 62- 01 and enacting a new Section 3.08, "Filling of Vacancy in the Office of Mayor" and Subsections 3.08(b)(1)(2) and (3), to provide for the filling of vacancy in the Office of Mayor, providing for the length of the Mayor's term if elected at a Special election, providing for the -19- 1/08/02 Vice-Mayor to serve as Mayor until the next election if 60 or more days remain until the next election, or if less than 60 days remain requiring a Special election to fill the vacancy in the Office of Mayor, providing for the qualification of candidates for a Special election to fill a vacancy in the Office of Mayor, the date of assumption of Office of the Mayor elected at the Special election, providing that the term of the Commissioner filling a vacancy created by the Vice-Mayor succeeding as Mayor shall be only until the next election instead of the Mayor's term of office, unless a vacancy is created less than 60 days before the election then the seat shall remain vacant until after a Mayor is elected at the Special election; providing for the filling of vacancies in the Office of Vice-Mayor and Deputy Vice-Mayor; providing for a referendum on March 12, 2002. 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. 63-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO THE OFFICE OF MAYOR", PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION; BY REPEALING SECTION 3.06(d), "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES", AND ENACTING A NEW SECTION 3.06(d), "FILLING A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.06(d)(1)(2)(3)(4) AND (5); TO PROVIDE FOR FILLING A VACANCY IN THE OFFICE OF MAYOR; BY AMENDING ORDINANCE NO. 62-01 BY REPEALING SECTIONS 3.08(b)(1)(2) AND (3) OF ORDINANCE NO. 62-01 AND ENACTING A NEW SECTION 3.08, "FILLING OF A VACANCY IN THE OFFICE OF MAYOR" AND SUBSECTIONS 3.08(b)(1)(2) AND (3), TO PROVIDE FOR THE FILLING OF VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE LENGTH OF THE MAYOR'S TERM IF ELECTED AT A SPECIAL ELECTION, PROVIDING FOR THE VICE-MAYOR TO SERVE AS MAYOR UNTIL THE NEXT ELECTION IF 60 OR MORE DAYS REMAIN UNTIL THE NEXT ELECTION OR IF LESS THAN 60 DAYS REMAIN REQUIRING A SPECIAL ELECTION TO FILL THE VACANCY IN THE OFFICE OF MAYOR, PROVIDING FOR THE QUALIFICATION OF CANDIDATES FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF MAYOR, THE DATE OF ASSUMPTION OF OFFICE OF THE MAYOR ELECTED AT THE SPECIAL ELECTION, PROVIDING THAT THE TERM OF THE COMMISSIONER FILLING A VACANCY CREATED BY THE -20- 1/08/02 VICE-MAYOR SUCCEEDING AS MAYOR SHALL BE ONLY UNTIL THE NEXT ELECTION INSTEAD OF FOR THE MAYOR'S TERM OF OFFICE, UNLESS A VACANCY IS CREATED LESS THAN 60 DAYS BEFORE THE ELECTION THEN THE SEAT SHALL REMAIN VACANT UNTIL AFTER A MAYOR IS ELECTED AT THE SPECIAL ELECTION; PROVIDING FOR THE FILLING OF VACANCIES IN THE OFFICE OF VICE-MAYOR AND DEPUTY VICE-MAYOR; PROVIDING FOR A REFERENDUM ON MARCH 12, 2002; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 63-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. John Bennett~ President of Progressive Residents of Delray (PROD) and speaking on behalf of the organizatiom stated this ordinance is important and PROD unanimously endorses this ordinance as well. There being no one else who wished to address the Commission regarding Ordinance No. 63-01, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 63-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 64-01: An ordinance providing for Charter revisions by amending Article III, "Legislative", Section 3.0.1, "Commission City Manager Form of Government; Term of Office; Number; Office of the Vice-Mayor and Deputy Vice-Mayor; Succession to the Office of the Mayor; Term Limits", by repealing Section 3.01 (c) and enacting new Section 301(c) and by amending Ordinance No. 62-01, Section 3.09, "Term Limits", by amending Subsection (a), to provide that effective 2003 and thereafter a Commissioner and/or Mayor who reaches term limits during an elected term shall be nevertheless permitted to serve out that elected term; providing for a Referendum on March 12, 2002. 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. 64-01: -21- 1/08/02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING FOR CHARTER REVISIONS BY AMENDING THE CHARTER OF THE CITY OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICE OF THE VICE MAYOR AND DEPUTY VICE MAYOR; SUCCESSION TO THE OFFICE OF THE MAYOR; TERM LIMITS", BY REPEALING SECTION 3.01(c) AND ENACTING A NEW SECTION 3.01(c) AND BY AMENDING ORDINANCE NO. 62-01, SECTION 3.09, "TERM LIMITS", BY AMENDING SUBSECTION (a), TO PROVIDE THAT EFFECTIVE 2003 AND THEREAFTER A COMMISSIONER AND/OR THE MAYOR WHO REACHES TERM LIMITS DURING AN ELECTED TERM SHALL BE NEVERTHELESS PERMITTED TO SERVE OUT THAT ELECTED TERM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2002, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 64-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. John Bennett~ President of Progressive Residents of Delray (PROD) and speaking on behalf of the organizatiom stated PROD supports the ordinance. Mr. Bennett inquired about language in the ordinance and asked if the interpretation of the language is meant to mean those elected in March 2003 and thereafter as opposed to being effective the 1st of January. The City Attorney noted a scrivener error and the effective date should actually be March 2003. Mr. Bennett stated that PROD plans to produce a "fact sheet" on all these proposals and also plans to have a forum at some point. There being no one else who wished to address the Commission regarding Ordinance No. 64-01, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 64-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -22- 1/08/02 10.F. ORDINANCE NO. 65-01: An ordinance amending Chapter 34 of the Code of Ordinance, "Elections" heading "General Provisions" by amending Section 34.02, "City Commission to Provide for Elections: Appointment of Inspectors and Clerks"; amending heading "Qualifications for Candidacy", by amending Section 34.15, "Qualifying as Candidate"; Section 34.16, "Filing of Nominating Petition", and Section 34.17, "Procedure After Filing", to provide for qualifying for Mayor in the event a Special election is held to fill a vacancy in the Office of Mayor, to reorganize and correct grammatical errors. 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. 65-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL PROVISIONS" BY AMENDING SECTION 34.02, "CITY COMMISSION TO PROVIDE FOR ELECTIONS: APPOINTMENT OF INSPECTORS AND CLERKS"; AMENDING HEADING "QUALIFICATIONS FOR CANDIDACY", BY AMENDING SECTION 34.15, "QUALIFYING AS CANDIDATE"; SECTION 34.16, "FILING OF NOMINATING PETITION", AND SECTION 34.17, "PROCEDURE AFTER FILING", TO PROVIDE FOR QUALIFYING FOR MAYOR IN THE EVENT A SPECIAL ELECTION IS HELD TO FILL A VACANCY IN THE OFFICE OF MAYOR, TO REORGANIZE AND CORRECT GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 65-01 is on file in the City Clerk's office.) 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. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 65-01, the public hearing was closed. Prior to the vote, Mr. Levinson commented that both the City Attorney and Mr. John Bennett were extraordinary as were the rest of the legal department with regard to the completion of the Charter revision ordinances. Mr. Levinson stated the City Attorney and Mr. Bennett spent many hours re-reading the ordinances to make it work and congratulated them both for their effort. Mr. Perlman moved to adopt Ordinance No. 65-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor -23- 1/08/02 Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 1-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.1 i(B), "Principal Uses and Structures Permitted", to eliminate equipment rental as a principal use, and amending 4.4.1 i(D), "Conditional Uses and Structures Allowed", to allow "equipment rental and display" as a conditional use in the Neighborhood Commercial (NC) zoning district, pursuant to LDR Section 2.4.5(M). If passed, a second public hearing will be scheduled for February 5, 2002. 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. 1-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), PARAGRAPH (2) BY ELIMINATING EQUIPMENT RENTAL AS A PERMITTED USE; AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ENACTING A NEW PARAGRAPH (4) TO ADD EQUIPMENT RENTAL AND DISPLAY AS A CONDITIONAL USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-02 is on file in the City Clerk's office.) 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. Paul Dorling, Planning Director, stated at its meeting of August 7, 2001, the City Commission approved a text amendment to the NC zoning district regulations on second reading. This amendment eliminated the restrictions on the types of business and professional office uses allowed, as well as prohibited outdoor storage of any kind, except as specifically permitted within the NC zoning district. As the amendment was privately initiated staff recommended that the ordinance be approved and that a further LDR amendment be made at a later date to allow equipment rental and display as a conditional use. At its meeting of December 17, 2001, the Planning and Zoning Board held a public hearing regarding this item and after discussion the Board voted 7-0 to recommend approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M). -24- 1/08/02 Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 1-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 1-02 on FIRST READING/FIRST PUBLIC HEARING, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.H. RESOLUTION NO. 3-02/TRANSFER OF PROPERTY: Consider Resolution No. 3-02 which transfers property located at 507 SW 3rd Street to the TED Center to be utilized for affordable housing. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 3-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOT 18, BLOCK 23, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE TED CENTER AND THE DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 3-02 is on file in the City Clerk's office.) 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. Brian Shutt, Assistant City Attorney, stated this is a resolution allowing the transfer of one parcel (507 S.W. 3rd Street) to the TED Center to be used for affordable housing. The City acquired the lots from Palm Beach County Land's Available List. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 3-02, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 3-02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.I. RESOLUTION NO. 4-02/TRANSFER OF PROPERTY: Consider Resolution No. 4-02 which transfers property located at 221 SW 6th Avenue to the Delray Beach Community Development Corporation to be utilized for affordable housing. Prior to -25- 1/08/02 consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 4-02: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DLERAY BEACH, WHICH PROPERTY IS LOCATED AT THE WEST 55 FEET OF LOTS 11 AND 12, BLOCK 23, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE TED CENTER AND THE DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 4-02 is on file in the City Clerk's office.) 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. Brian Shutt, Assistant City Attorney, stated this is a resolution allowing the transfer of one parcel (221 S.W. 6th Avenue) to the Delray Beach Community Development Corporation to be used for affordable housing. The City acquired the lots from the Palm Beach County Land's Available List. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 4-02, the public hearing was closed. Ms. McCarthy moved to approve Resolution No. 4-02, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. ll.B.1. Kenneth Carruthers, 248 W. Coral Trace Circle and a registered architect in the State of Florida, stated Coral Trace borders the north side of the Tate property on which the City is proposing to relocate Atlantic High School. Mr. Carruthers stated he wrote a letter to the Mayor on behalf of the HOA of Coral Trace last October and has not received a response regarding the use of the Tate property. In addition, Mr. Carruthers commented that there has been no disclosure regarding the Special Meeting of December 10, 2001. Speaking as a resident and on behalf of Coral Trace, Mr. Carruthers stated residents are vehemently opposed to the -26- 1/08/02 relocation of Atlantic High School adjacent to the Coral Trace development. Mr. Carruthers commented the site is not central to the high school district although it is central to the City of Delray Beach. Mr. Carruthers stated the site even with the Breezy Ridges Estates added to it is too small for future expansion. Mr. Carruthers stated this site is also too small to provide a reasonable buffer. Furthermore, Mr. Carruthers stated he understands that there is a proposal to cover the E-4 Canal and pointed out that this is a local wildlife refuge and a place where residents in the area visit. Mr. Carruthers stated he had access to a site plan produced for the site which did not include the Breezy Ridges Estates and noted the baseball fields are directly against the fence of the neighborhood. In addition, Mr. Carruthers stated the site plan is showing a service road immediately adjacent to the Coral Trace homes providing the garbage and service access within 50 feet of the neighbors. Mr. Carruthers feels this is not the right location for the high school and stated the residents of Coral Trace will continue their protest. Mayor Schmidt stated he would need to go back to his file to see if he received Mr. Carruthers letter and commented this is not to say he did not receive it. Secondly, Mayor Schmidt commented with regard to the December l0th meeting, it was posted in conformance with State Statute. With regard to the site plans, Mayor Schmidt stated those are strictly conceptual drawings that had been done by the School Board staff to give some ideas of how things could be laid out on the various locations. Mayor Schmidt emphasized that nothing has been approved or submitted and commented. If this moves forward there will be an opportunity to work with the residents to try and minimize any impact. Furthermore, Mayor Schmidt commented that the Palm Beach County School Board has not voted to go forward with this site at this point. Mr. Carruthers stated the site is not big enough to put the school especially if the City wishes to expand in the future. Mr. Carruthers commented he has been an architect and planner for 45 years and has designed schools and universities. Mr. Carruthers urged the Commission to reconsider the decision and emphasized the residents of Coral Trace feel this is the wrong location for this site and feel Atlantic High School should stay where it is currently located. 11.B.2. Yusuf Ahmed~ President of South Florida Rainbow Tennis Associatiom stated last year the first annual South Florida Rainbow Tennis Classic event was held at the Delray Beach Tennis Center. Mr. Ahmed explained that they are a non-profit organization and their mission is to improve and help the inner-City children. Mr. Ahmed stated last year the association paid $2,500 to rent the facility and asked the Commission to approve waiving the cost to help them help the children in the inner-City. Mr. Ahmed stated the Association is bringing people from Georgia, Alabama, Tennessee, along with places within the State of Florida such as northern Florida, Tallahassee, Jacksonville, Gainesville, and Daytona. Mr. Ahmed stated the association hopes to improve and increase the participation of people coming to the City of Delray Beach. Mayor Schmidt stated he will ask the City Manager to take a look at this and maybe something can be done regarding the fee. -27- 1/08/02 ll.B.3. James Scott McOwem 302 N.W. 18th Street~ stated he returned to Delray Beach after serving in the Military in 1969 and graduated from Atlantic High School in 1957. Mr. McOwen stated he has a concern for the community with regard to the relocation of Atlantic High School. He read the following quote written by James B. Conant into the record: "The nature of the community largely determines what goes on in the school. Therefore, to attempt to divorce the school from the community is to engage in unrealistic thinking, which lead to policies that could wreak havoc with the school and the lives of children. The community and the school are inseparable." Mr. McOwen read his following statement into the record: "I believe that when the school is fully recognized as a public enterprise, and when it continuously seeks for truth, enjoys widespread community participation, and maintains clear two-way communication with the people it serves; it will inevitably be sensitive to change." Mr. McOwen stated as a citizen of the City of Delray Beach he is requesting a public forum for the community and Atlantic High School District to discuss the relocation of Atlantic High School. Mr. McOwen explained that Mr. Robert W. Fulton was the First Principal from our area to become Superintendent of our Palm Beach County School System. The Palm Beach County School Board building is named: Fulton-Holland Educational Complex. Mr. McOwen stated Mr. Fulton, Principal of Seacrest High School said to his graduating class of 1957, "You cannot help what others do to you, but you can help what you do to others." Mayor Schmidt stated the City will be scheduling some public meetings regarding this issue in the very near future. ll.B.4. Kevin Warner~ 248 Venetian Drive, stated he agrees with comments expressed by Mr. McOwen. Mr. Warner stated he has attended many more meetings than Mr. McOwen where this school site issue has been discussed and stated although he has been much closer to the formal discussions of the Commission, he too feels just as much in the dark as Mr. McOwen about how the Commission has made certain decisions as to why certain sites have been rejected or why certain sites are preferred. Mr. Warner urged the Commission that the community deserves to know how this is moving forward. Mr. Warner commented that it has been stated by one of the Commissioners at the last Special Meeting that there be a "fact sheet" and as of this date there is none. Mr. Warner urged the Commission to educate the public and commented it appears steps have already occurred that argue for a decision that has already been made (Tate Property). Mr. Warner encouraged the Commission to have public discussion that will help guide the Commission towards what the community would like to see happen. ll.B.5. Jill DeNio~ resident of Coral Trace~ expressed concern over Mr. Perlman's comments from the Special Meeting of December 21, 2002 regarding the alumni. Ms. DeNio stated she does not understand why the City wants to relocate the school to this particular site and explained the citizens of Delray feel they are being left out of the loop. For the benefit of the public, Mayor Schmidt explained that the reconstruction of Atlantic High School is in the Palm Beach County School Board Master Plan and it is supposed to start soon. To change it now, if the Commission ultimately decides to change this, Mayor Schmidt stated the Commission would have to move very quickly. Mayor Schmidt explained -28- 1/08/02 there have been discussions with the Palm Beach County School Board to see if this would be feasible. Mr. Levinson suggested if Ms. DeNio has a question to please call the Commission instead of making false accusations. Mayor Schmidt stated the Commission should be in a position that later on this month they will be able to schedule some meetings in order to start getting the information out to the public. ll.B.6. Laura Tubbs~ Delray Beach resident~ thanked Mr. Levinson for calling her. Secondly, Ms. Tubbs referenced a few comments made by the City Manager from the meeting of December 21, 2001. Ms. Tubbs stated there were 34 people who signed the petition which said they did not want to relocate from their homes for Atlantic High School to be relocated. Ms. Tubbs stated three other people in addition to the 34 refused to sign but the reason for them not signing is unknown. Ms. Tubbs stated she does not know if there was a language barrier or if those three individuals just flat out refused to sign. Ms. Tubbs stated a woman went approximately five times to one other person to sign, but no one was ever home. Ms. Tubbs stated this individual who was not home could have been on vacation or possibly could have moved. Ms. Tubbs feels this is not a majority of Breezy Ridges that disagrees, but is a majority that agrees that they do not want to be relocated. Ms. Tubbs referenced another comment made by Commissioner Perlman from the Special Meeting of December 21st where it states "the new school will be state-of-the-art and alumni from Atlantic High School and the Chamber of Commerce are in favor of what the City supports." Mr. Perlman clarified to Ms. Tubbs she is reading minutes which are not verbatim minutes. Mr. Perlman stated he said he has spoken to alumni and not all of the alumni favor this. He commented not everyone is against it. Mr. Perlman informed Ms. Tubbs that he did make a presentation to the Chamber of Commerce and stated the Commission is doing their best to get the facts out to the public as soon as they can. ll.B.7. Candy Killiam Alumni of Atlantic High School~ stated she carries the banner for keeping the tradition alive and commented when Old School Square used to be Delray Beach High School it was granted the privilege of being saved, she was the one who urged the City of Delray Beach to save the current Seacrest High School. Ms. Killian stated Seacrest High School and Carver High School were destroyed during the age of integration. Ms. Killian stated Atlantic High School was born in the struggle of integration and commented the school is very proud of this and deserves to be left where it is currently located. Secondly, Ms. Killian expressed concern over the safety issue in this area of Congress Avenue and Atlantic Avenue. Ms. Killian stated the traffic on Congress Avenue is horrendous and feels the teenagers will be in danger. Ms. Killian stated if the City does not get the Breezy Ridge property and therefore has to use the Congress Avenue site, two bridges will have to be built. She feels will not only be expensive but will put the kids in danger. Thirdly, Ms. Killian feels the City of Delray Beach is ignoring the residents of Boynton Beach. Ms. Killian stated she loves Delray and urged the Commission to really think this through. -29- 1/08/02 ll.B.8. John Oliver~ resident of Sabal Lakes and also a paramedic~ expressed concern over the safety issue and traffic with regard to the relocation of Atlantic High School. He stated the Arvida site which is the Barwick Road area is going to be considered as one of the possible areas of the relocation of the high school. To the south on Barwick Road, there is Carver Middle School and in the Sabal Lakes development Banyan Creek Elementary School. Mr. Oliver stated these two schools do not necessarily inter-conflict with each other, but at 7:00 a.m. in the morning and at 8:00 a.m. or 9:00 a.m. there is children and traffic. Mr. Oliver feels that ifa high school is put in this area it will generate more traffic and will only cause more problems. Mr. Oliver stated that Mr. Perlman was probably correct that he spoke to the alumni not all the alumni. Mr. Oliver stated he contacted many people who did not have any idea about this issue but feels they probably would have been in attendance if they had known. With regard to Lake Worth High School, Mr. Oliver commented there is no relocation for this particular school and the school was rebuilt onsite. With regard to the new high school in Boynton Beach, Mr. Oliver explained the football stadium is still not in use and the students have to go to another high school to play football. ll.B.9. John Bennett~ 137 Seabreeze Avenue~ wished everyone a prosperous and productive New Year. Mr. Bennett stated in June 2000 in the process of approving a special event "A Walk on the Beach Sidewalk", Ms. McCarthy raised the issue of notification to neighborhood associations of special events. Mr. Bennett stated the issue was deferred until after the vote and then the Mayor asked if there was a consensus on courtesy neighborhood property owners associations. Mr. Bennett explained this then prompted an extensive discussion by several Commissioners leading up to Mr. Schwartz who stated that it was a city-wide issue and the notification should be not just to the people on the beach area. Mr. Bennett stated the Beach Property Owner's Association received one letter and one telephone call after that particular direction and has not received anything since. Mr. Bennett stated although one can read in the agenda backup late Friday or Monday if they want to find out what is on the agenda, Mr. Bennett stated it essentially gives someone only a day to coordinate its organization's position, if any. Secondly, Mr. Bennett stated on August 21, 2001 a member of the public questioned the fact that there are special events written on the agenda with no indication of where the event was going to take place. Mr. Bennett stated the City Manager responded at the following meeting by stating "this was an oversight by the City Clerk's Office and in the future staff will insure that it is included in the agenda caption." Mr. Bennett stated recently the City had a major special event involving road closures and the agenda did not indicate what parts of streets were going to be closed. Lastly, with regard to the September 4, 2001 meeting, the City Manager responded to a public comment by stating "the decals for persons doing vegetative maintenance in public utility companies had not been received." However, the City Manager stated "the decals should be available in the next 2-3 weeks at which time staff will go through the process of notifying all the affected businesses and the City Manager stated the process is expected to be completed by the end of September." Mr. Bennett stated he walks his dog daily past numerous vegetative maintenance personnel in their trucks and the only decals he has seen are Gulf Stream -30- 1/08/02 commercial vehicle decals. Mr. Bennett asked about the status of the decals and how many businesses, if any, have acquired the same. Mr. Bennett stated he hopes everyone has a great year. ll.B.10. Jim Tabeek~ President of the IAFF~ stated on behalf of Peter Firehock and his family and everyone at the Fire Department he appreciates everyone wearing the shirts this evening in honor of Peter. Mr. Tabeek thanked the City Manager and City staff for all the hard work involved with Peter's memorial. Mr. Tabeek commented that the City Manager, Chief Koen, and he were all out of town at the time of the memorial service and extended a special thanks to Mr. Barcinski for attending. Mr. Tabeek stated everyone did a fantastic job pulling it all together and stated it meant so much to the family to have the Mayor, the Commission, and the entire staff at the memorial service. at 8:05 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 8, 2002, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -31- 1/08/02 commercial vehicle decals. Mr. Bennett asked about the status of the decals and how many businesses, if any, have acquired the same. Mr. Bennett stated he hopes everyone has a great year. 11.B.10. Jim Tabeek, President of the IAFF, stated on behalf of Peter Firehock and his family and everyone at the Fire Department he appreciates everyone wearing the shirts this evening in honor of Peter. Mr. Tabeek thanked the City Manager and City staff for all the hard work involved with Peter's memorial. Mr. Tabeek commented that the City Manager, Chief Koen, and he were all out of town at the time of the memorial service and extended a special thanks to Mr. Barcinski for attending. Mr. Tabeek stated everyone did a fantastic job pulling it all together and stated it meant so much to the family to have the Mayor, the Commission, and the entire staff at the memorial service. at 8:05 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 8,  9~2, which minutes were formally approved and adopted by the City Commission on o-. City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -31- 1/08/02 Information for Commissioner Archer City Stuff/First Night Jennifer Buce, Recycling Coordinator - Chairperson Community Involvement Committee - organized and obtained assistance from the Boy Scouts for the campfire, worked on button sales, obtained donations of materials for music makers and other children's activities, assisted in organization of the procession. Sharon Painter and Jeff Dooner - JCD Sports Group - Site Coordinators for the activities at the Tennis Stadium2 Coordinated set up of crane, put up flooring, got tennis center site ready, served on Production Logistics Committee. Lt. Geoff Williams and Officer Jim Finley and police staff- planned and developed security and traffic control plans and provided officers to man critical locations, served on Production Logistics Committee. Assistant Chief John Tomaszewski - Fire Department staff. Assisted in obtaining permit for fireworks and campfire. Provided EMS support for the evening. Served on Production Logistics Committee. Tim Simmons~ Superintendent Parks Maintenance and staff- stage set up, provided trash containers, site cleanup' assistance, assistend in setting up portable lights. Harold Bellinger~ Superintendent of Streets & Traffic and staff- made banners and signs and set up at specified locations, transported puppets to site, obtained road closure permits, barricaded streets, assisted in delivery of various items as needed to event sites. Jim Schmitz, Superintendent Building Maintenance and staff- provided electrical support for event, picked up and delivered and helped set up New Year's Eve ball and signs, assisted in delivery of various items to event site. Rich Olson~ Interim Deputy Director of Public Works - assisted in planning and coordinating all Public Works support for the event and responded to numerous requests from the Assistant City Manger to provide other support to the committee. Lula Butler~ Director Community Improvement - coordinated and provided Youth Council volunteers for various venues and activities. Provided all staff support at Teen Central, served on Production Logistics Committee. Robert Barcinski, Assistant City Manager- Chairperson of Production Logistics Committee - coordinated all city staff support for the event, obtained city staff support for committee for other numerous requests as needed.