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05-21-02MAY 21, 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, May 21, 2002. At this point, Mayor Schmidt welcomed Cub Scouts from Troop #308 who are observing the City Commission Meeting this evening. In addition, Mayor Schmidt welcomed Loretta McGhee who will start employment with the City on Monday, June 3, 2002 as Deputy City Clerk. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Jeff Perlman Mayor David W. Schmidt Absent - Commissioner Alberta McCarthy Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby City Clerk Barbara Garito South. The opening prayer was delivered by Reverend Richard Evans with Abbey Delray o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt stated that Item 8.D., Chan~e Order No. 1/Final Payment/Florida Blacktop, Inc., and Item 8.E., Change Order No. 3/Final Payment/Florida Blacktop, Inc. be pulled from the Consent Agenda. For the benefit of the public, Mayor Schmidt announced that Item 10.A. Ordinance No. 13-02 (Fontaine Fox House) will be postponed due to a problem with the advertising. Mayor Schmidt stated there are two additional contracts for Item 9.E., Purchase of Breezy Ridge Properties of the Regular Agenda. Mrs. Archer 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; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 7, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to approve the Minutes of the Special Meeting of May 14, 2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o PROCLAMATIONS: None. o PRESENTATIONS: 7oAo Glory Awards Presentation - Edith Thompson Ms. Thompson did not attend the meeting this evening. o CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS: Ratify the list of appointees to the Old School Square Board of Directors as of May 1, 2002. 8.B. AMENDMENT TO NPDES INTERLOCAL AGREEMENT: Approve amendment to the National Pollutant Discharge Elimination System (NPDES) agreement for the extension of the term from September 30, 2002 until September 30, 2004. 8.C. AUTHORIZATION TO INCREASE CONTRACT: Authorize and approve an increase to the current 4th Beach Renourishment contract in the amount of $22,536.40 for beach tilling purposes. 8.D. CHANGE ORDER NO. 1/FINAL PAYMENT/FLORIDA BLACKTOP~ INC.: Approve Change Order No. 1 in the amount of $25,106.17 and final payment in the amount of $73,313.37 to Florida Blacktop, Inc. for completion of NE/NW Area Infrastructure Improvements Project. Funding is available from 370-3162-541-65.44 (2000 Roadway Bond NE/NW Area). This item has been pulled from the Consent Agenda. -2- 5/21/02 8.E. CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP, INC.: Approve Change Order No. 3 in the amount of a $46,281.36 decrease, and final payment in the amount of $25,729.52 to Florida Blacktop, Inc. for completion of SE/SW Area Infrastructure Improvements Project. Funding is available from 370-3162-541-65.45 (2000 Roadway Bond SE/SW Area). This item has been pulled from the Consent Agenda. 8oFo CHANGE ORDER NO. 1/FINAL PAYMENT/REPUBLIC CONSTRUCTION AND DEVELOPMENT CORPORATION, INC.: Approve Change Order No. 1 in the amount of a $3,754.51 reduction, and final payment in the amount of $7,530.59 to Republic Construction and Development Corporation, Inc. for completion of the Merritt Park Restroom Facility project. Funding is available from 118-1965-554-63.40 (Recreation Improvements). 8.G. CONTRACT ADDITION/COLONNA CONSTRUCTION CO., INC.: Approve a Contract Addition (C.O. #1) to the Community Improvement Sidewalks Project in the amount of $98,925.00 to Colonna Construction Co., Inc. for the construction of sidewalks, concrete driveway aprons, and sodded swales to add sidewalks in Delray Shores and handicapped ramps on A-1-A. Funding is available from 334-3162-541-63.11 for $6,450.00 (General Construction Fund/Bike paths and Sidewalks) and from 334-6111-519-63.89 for $92,475.00 (General Construction Fund/Neighborhood Enhancements). 8.H. SPECIAL EVENT REQUEST/13th ANNUAL HARVEST FEST: Approve a special event request to hold the 13th Annual Harvest Fest on November 16th and 17th, 2002 from 10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park, waiver of the 2-hour parking limits at various parking lots, staff support for security, traffic control and event signage. 8.I. RESOLUTION NO. 42-02: Consider approval of Resolution No. 42-02 authorizing the City to purchase property for first time home buyers located along the east side of th na S.W. 5 Avenue just north of S.W. 2 Street and Contract for Sale and Purchase between the City and the Estate of Isadora Brady in the amount of $4,700.00. The caption of Resolution No. 42-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS TOWN OF DELRAY EAST lA OF LOT 7, BLOCK 30 LOCATED ALONG THE EAST SIDE OF S.W. 5TM AVENUE JUST NORTH OF S.W. 2ND STREET AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE 5/21/02 -3- AND PURCHASE BETWEEN THE ESTATE OF ISADORA BRADY AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 42-02 is on file in the City Clerk's office.) 8.J. RESOLUTION NO. 43-02: Consider approval of Resolution No. 43-02 authorizing the City to purchase property for first time home buyers located along the south side nd of S.W. 2 Terrace and between S.W. 7th and S.W. 8th Avenue and Contract for Sale and Purchase between the City and James M. Clark in the amount of $9,500.00. The caption of Resolution No. 43-02 is as follows: A RESOLUTION OF THE CITY COMMISISON OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS LOT 23, CARVER SQUARE LOCATED ALONG THE SOUTH SIDE OF S.W. 2ND TERRACE BETWEEN S.W. 7THAND S.W. 8TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN JAMES M. CLARK AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 43-02 is on file in the City Clerk's office.) 8K. RESOLUTION NO. 45-02: Approve Resolution No. 45-02 assessing costs for action necessary to remove junked and/or abandoned vehicles from five (5) properties within the City. The caption of Resolution No. 45-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A 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 5/21/02 -4- 8oLo ASSESSMENTS; PROVIDING FOR THE MAIL1NG OF NOTICE OF LIEN. (The official copy of Resolution No. 45-02 is on file in the City Clerk's office.) THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.K. 8omo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 6, 2002 through May 19, 2002. 8.N. ACCEPTANCE OF EASEMENT DEED/BROOKFIELD COMPANY: Approve and accept an easement deed granting to the City the means to maintain a sidewalk and utilities along Fisher Lane that will be constructed by the developer. 8oOo AWARD OF BIDS AND CONTRACTS: ° ° Bid award to multiple vendors for the purchase of road construction materials for the City, via the Palm Beach County Co-op Bid #2002-09 at an estimated annual cost of $93,206.12. Funding is available from streets division and construction division operating budget and capital project accounts. Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm Beach County Bid #01-078/CC for an annual cost of $21,961.00. Funding is available from various departments' operating expense budgets. Purchase award to Kilpatrick Turf Equipment for the purchase of one (1) Jacobsen F1 2500 Fairway Mower via the Palm Beach County Bid #01- 087/VMG in the total amount of $30,128.00. Funding is available from 445-4761-572-64.90 (Other Machinery/Equipment). Mr. Perlman moved to approve the Consent Agenda as amended, 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. o REGULAR AGENDA: 9.A. EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/ COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider approval of an extension of a conditional use to expand the existing Community Primitive Baptist Church, which is located north of West Atlantic Avenue, between N.W. l0th Avenue and N.W. 11th Avenue. (Quasi- Judicial Hearing) -5- 5/21/02 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. The City Attorney asked the Commission to disclose any ex parte contacts for the record. No ex parte contacts were noted. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2001-023 into the record. Mr. Dorling stated this is a request for an extension of Conditional Use approval which involves a 2,123 square foot addition to the church, reconfiguration of the existing parking area on the south side of the church, and construction of a 28-space parking lot on the east side of the site. At its meeting of January 10, 2001 the City Commission approved a conditional use request to allow the expansion of the Community Primitive Baptist Church and the applicant has subsequently filed a site plan modification associated with the conditional use which was recently approved on March 13, 2002. Mr. Dorling stated given the fact that the associated site plan has just been approved the applicant is requesting an extension for 18 months so they can start building the project. Staff recommends approval of the Conditional Use extension request for Community Primitive Baptist Church as described herein, based upon positive findings with respect to Chapter 3 (Performance Standards), Land Development Regulations Sections 2.4.5(E) and upon a finding of consistency with the Comprehensive Plan for an additional 18 months (expiring November 21, 2003) subject to the conditions as listed in the Planning and Zoning Report. There being no one else who wished to give testimony regarding this item, the public hearing was closed. Mrs. Archer moved to approve the extension request for Conditional Use for Community Primitive Baptist Church based upon positive findings with respect to Chapter 3 (Performance Standards), Land Development Regulations Sections 2.4.5(E)(5) and upon a finding of consistency with the Comprehensive Plan for an additional 18 months (expiring November 21, 2003) subject to the three conditions as listed in the Planning and Zoning Staff Report, 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. 9.B. SPECIAL EVENT/JAZZ AND BREW FESTIVAL: Consider a request for special event approval for the Jazz and Brew Festival to be held on March 22, 2003, including temporary use permit, staff support, use of City equipment, and consideration of waiving overtime costs. 5/21/02 -6- Robert A. Barcinski, Assistant City Manager, stated this is a request from the Imagination Foundation, Inc. to consider endorsing a Jazz and Brew Festival to be held on March 22, 2003 from 12:00 p.m. to 11:00 p.m. and on March 23, 2003 from 12:00 p.m. to 6:00 p.m. on the grounds of Old School Square and a portion of the CRA lot as indicated on the site map. The request also includes to grant a temporary use permit for the closure of a portion of N.E. 1st Avenue between the grass area of Old School Square and the loading dock area, to provide staff support for security, traffic control and EMS service and to consider waiving overtime costs. Mr. Barcinski stated the Imagination Foundation, Inc. is a non-profit corporation formed to generate scholarship funds for Palm Beach County High School students in pursuit of careers in art, music, and drama. Mr. Barcinski stated he concurs with the City Manager's recommendation that if the Commission does authorize the event that the City not require EMS service or off-site police. The City Manager stated he did discuss the off-site police issue further with Police Chief Schroeder who expressed concern that with alcohol being served at the event, the City should have two or three police officers in the area. Brief discussion by the Commission followed. Mr. Levinson stated he is less interested in doing that if it were to include all of Palm Beach County High School students as opposed to Delray students. Lois Niesen, Director of Meet Me Downtown in Boca Raton, stated they have generated approximately a million dollars for public schools and she would like to start this foundation to specifically gear this program towards art, music, and drama students. Mr. Levinson stated he feels if the City were to support, that the objective be that the scholarship funds be limited to Delray residents. Mr. Perlman stated he concurs with comments expressed by Mr. Levinson and supports the request if this were limited to Delray residents only. Mr. Levinson moved to approve supporting the special event request with no EMS overtime, scale back police which would be covered by the event sponsor and the scholarship funds be limited to Delray Beach residents, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.Co REQUEST TO EXTEND PALM BEACH COUNTY RESIDENT RATE CATEGORY/MUNICIPAL GOLF COURSE: Consider a request to extend the rate category at the Municipal Golf Course for Palm Beach County Residents. Robert A. Barcinski, Assistant City Manager, stated on October 16, 2001 the City Commission approved a recommendation by the golf course staff to establish a County resident rate at the Municipal Golf Course contingent upon review within six (6) months. -7- 5/21/02 Mrs. Archer moved to approve the request to extend the rate category at the Municipal Golf Course for Palm Beach County Residents, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.D. PARICIPATION IN NEW COURTHOUSE PARKING STRUCTURE: Consider a request to pay additional costs in the amount of $334,000 to allow for future additional parking at the Courthouse/Library parking garage. The City Manager stated he has presented the Commission with the comparison of cost for building a parking structure that would allow for future expansion versus not accommodating future expansion. The additional cost is $334,000. The City Manager stated he spoke to Diane Dominguez, CRA Director, who reacted favorably to the idea of the CRA paying this off over a period of years in the future. The City Manager recommended that the City pay the additional cost necessary to keep open the option of adding additional parking to the Courthouse/Library parking garage at a later date. Mr. Levinson stated he likes the idea because he feels it provides a staging area and potentially gives some construction space for the library. Robert Currie, architect with Robert G. Currie Partnership, stated this would help but feels the critical thing is to decide whether or not the Commission supports. Mr. Currie suggested they could go ahead with a single level structure. However, the County does not want the City to build after the fact if it is indeed completed this way. Mr. Perlman stated it is important to plan for success and feels this is a good move for the City. Furthermore, Mr. Perlman stated he spoke to a few of the CRA Commissioners and they had an anticipation that they would be participating. Mr. Currie commented that the architectural engineering fee the firm is charging at 4% totals $13,360. Therefore, Mr. Currie stated the cost to the City would be $347,360 and not $334,000. Mrs. Archer stated she concurs that this is something the City needs to do because of the redevelopment along West Atlantic Avenue and there will be a great need for additional parking. Mayor Schmidt concurred with comments expressed regarding the need for additional parking. Mrs. Archer moved to approve the request for the City to pay additional costs in the amount of $334,000 to allow for future additional parking at the Courthouse/Library parking garage and the architectural/engineering fee of $13,360, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.E. PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of contract for the purchase of one (1) Breezy Ridge property. -8- 5/21/02 The City Attorney stated this has been modified to include two additional properties and therefore making this a total of three properties. Mr. Perlman moved to approve the contracts for purchase of three Breezy Ridge Properties, 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. 9.F. PROPOSAL FOR SETTLEMENT/PRATT v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the Pratt v. City of Delray Beach case. Staff recommends acceptance. Mr. Perlman moved to approve the proposal for settlement subject to the receipt of appropriate releases in the Pratt v. City of Delray Beach, seconded by Mrs. Archer. 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. 9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fill an unexpired term ending January 14, 2003. Based upon the rotation system, the appointment will be made by Mayor Schmidt (Seat ~5). Mayor Schmidt moved to appoint Andrew Youngross as a regular member to the Code Enforcement Board to fill an unexpired term ending January 14, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Prior to the vote, Mr. Levinson commented that Russell Jennings has moved out of the City which now creates two vacancies for alternate members. 9.H. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) member to the Historic Preservation Board for an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat ~2). Mrs. Archer moved to appoint William Branning as a member to the Historic Preservation Board for an unexpired term ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 0.I. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION: Appoint one (1) regular member and one (1) alternate member to the Public Employees Relations Commission (PERC) for a term ending June 30, 2006. Based upon the rotation system, the regular appointment will be made by Commissioner McCarthy (Seat #4)) and the alternate appointment will be made by Mayor Schmidt (Seat #5). -9- 5/21/02 Mayor Schmidt stated due to the absence of Commissioner McCarthy, she requested that the Commission make the appointment of Dinah Stephenson. Mr. Levinson moved to appoint Dinah Stephenson as a regular member to the Public Employees Relations Commission (PERC) for a term ending June 30, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mayor Schmidt moved to appoint Edward Desmond as an alternate member to the Public Employees Relations Commission (PERC) for a term ending June 30, 2006, 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. 0.J. APPOINTMENTS TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and Firefighters Retirement System Board of Trustees to fill a two (2) year term ending June 30, 2004. Based on the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Mayor Schmidt stated due to the absence of Commissioner McCarthy, she requested that the Commission make the appointment of Harry Hamilton. Mrs. Archer moved to appoint Harry Hamilton as a member to the Police and Firefighters Retirement System Board of Trustees to fill a two-year term ending June 30, 2004, 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. 9.K. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval and endorse the Art & Jazz on the Avenue scheduled for June 27, 2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, the south side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to NE 1st Street, NE 2nd Avenue from Atlantic Avenue to NE 2nd Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set- up and removal, trash removal and clean up, and use/set-up of City stages. The City Manager stated the Joint Venture had requested that the City be responsible for all the overtime costs and staff recommends that overtime be capped at $6,500. Mrs. Archer moved to approve the special event approval for the Art & Jazz on the Avenue scheduled for June 27, 2002 from 6:00 p.m. to 10:00 p.m., and for the City to cap overtime costs at $6,500, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Said motion passed with a 4 to 0 vote. -10- 5/21/02 Readings. At this point, the time being 6:25 p.m. the Commission moved to Item 12, First 12. FIRST READINGS: 12.A. ORDINANCE NO. 15-02: An ordinance amending Chapter 51 of the Code of Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement between BFI and the City of Delray Beach and state laws. The caption of Ordinance No. 15-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.01, "DEFINITIONS", TO CLARIFY CERTAIN DEFINITIONS; BY AMENDING SECTION 51.15, "GARBAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN CITY OR ITS CONTRACTORS", TO PROVIDE ROLL-OFF COLLECTION IS ALSO EXCLUSIVE TO THE CITY'S CONTRACTOR; BY AMENDING SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP GARBAGE AND TRASH", SUBSECTION (B), "REAR- DOOR/SIDE-DOOR SERVICE", TO SPECIFY THE DAY FOR VEGETATION COLLECTION; BY DELETING SECTION 51.21, "COMMERCIAL LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH COLLECTION"; BY AMENDING SECTION 51.22, "VEGETATIVE WASTE", TO SPECIFY A COLLECTION DAY AND PROVIDE THAT VEGETATIVE WASTE MAY NOT BE CO-MINGLED; BY AMENDING SECTION 51.45, "CONSTRUCTION AND DEMOLITION SITES", TO PROVIDE FOR THE ADDITION OF ROLL-OFF CONTAINERS INTO THE CITY'S FRANCHISE AGREEMENT; BY AMENDING SECTION 51.70, "REGULAR CHARGE S LEVIED", SUB SECTION (C), "COMMERCIAL", TO CLARIFY THE SERVICES AND RATES CHARGED; BY AMENDING SECTION 51.71, "PAYMENT AND BILLING", TO CLARIFY THE BILLING FOR MULTI-FAMILY; BY AMENDING SECTION 51.72, "METHOD OF BILLING FOR CHARGES", TO CLARIFY THE BILLING FOR MULTI-FAMILY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -11- 5/21/02 Mr. Perlman moved to approve Ordinance No. 15-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 17-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs between the City and participants in the International Conference of Firemen and Oilers Bargaining Unit as provided in their Collective Bargaining Agreement with the City. The caption of Ordinance No. 17-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT' S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBUTIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 17-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:30 p.m. the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. In response to a prior concern regarding a City sign located underneath the Atlantic Avenue Bridge, the City Manager stated staff could not find anything underneath the bridge. However, staff did find an old sign in the grass in the general vicinity of the bridge which was removed. The City Manager stated staff presumed that this is the sign Ms. Speech was referring to. Secondly, in response to a prior concern expressed by Ms. Rolle who requested that a "Children Playing" sign be installed on N.W. 3rd Avenue between 3rd Street and Lake Ida -12- 5/21/02 Road, the City Manager stated the Public Works Department follows the Institute of Transportation Engineers guidelines for the placement of traffic control devices. The City Manager stated the Institute of Transportation Engineers opposed the installation of this type of sign. Studies conducted in the cities where such signs were widely posted in residential areas show no evidence of having reduced pedestrian accidents, vehicle speed, or legal liability. In fact, the City Manager stated many types of signs which were installed to warrant of normal conditions in residential areas failed to achieve the desired safety benefits. Furthermore, the City Manager stated if signs encourage parents with children to believe they have an added degree of protection which the signs cannot provide, a great disservice results. The City Manager stated the "Children Playing" sign is a direct and open suggestion that it is acceptable to do so. The City Manager continued to state that Federal standards discourage the use of "Children at Play" signs. The Public Works Department stopped installing "Children Playing" signs a number of years ago and removed all existing signs that were up at that time. With regard to a concern expressed by Ms. Wood about lights that may affect the sea turtles, the City Manager stated Code Enforcement and the City's turtle monitoring contractor regularly survey the coast to insure compliance with the City's sea turtle lighting ordinance. When lighting is observed, the Code Enforcement Officer visits the owner of the property and compliance is usually achieved. The Code Enforcement Officer has been in contact with the owner just south of Casuarina Road (601 South Ocean Boulevard) and the lights will be turned off in the evening. With regard to the barges traveling on the Intracoastal during the hours of 1:00- 2:00 a.m. and the noise they are creating, the City Manager stated the Coast Guard has been contacted and they have advised the City that there are no rules prohibiting travel on the Intracoastal Waterway. The City Manager stated the Coast Guard would be the primary agency to control that kind of traffic. In response to a previous concern expressed about pollution from gas powered blowers, the City Manager stated the landscape inspector stated he previously owned and operated a lawn maintenance landscaping business for over ten years prior to employment with the City. The electric blowers are not practical in a commercial lawn maintenance operation. There is a need for electric outlets and you can only go as far as the length of cord; with most homes and all businesses this just does not work. The battery operated blowers are equally troublesome. A lawn maintenance company runs this equipment for many hours per day and no battery blower will go for that period of time without charging. These types of blowers were developed for the typical homeowner that maintains the yard once or twice a week not for eight hours per day. All other lawn equipment designed for commercial use is gas operated (mowers, hedge clippers, edgers, weed whackers, and so on). With regard to a concern expressed on behalf of the Beach Property Owner's Association regarding outdoor dining at the Old Calypso restaurant, the City Manager stated Code Enforcement visited the Old Calypso restaurant last year to determine if they were allowing patrons to dine outside. At the time of their visit they did not observe dining, however, they did discuss the outdoor dining issue with the manager of the restaurant and subsequently were in contact with the owner. The City Manager stated they will pursue the issue through 5/21/02 -13- appropriate City channels. On April 13th, the Old Calypso restaurant was inspected in conjunction with the Fire Department and at the time of the inspection there were no outdoor diners. The City Manager stated the City will schedule additional random inspections to determine whether or not the Old Calypso restaurant is again conducting outdoor dining. With regard to sidewalk cafes, the City Manager stated they were inspected at night two weeks ago. Two restaurants were in violation and were cited for obstructing the sidewalk. The City Manager stated the violations will be scheduled for the Code Enforcement Board after re-inspection is made. The City Manager stated the observation of Code Enforcement is that the sidewalk clearance problem is volume related and on heavy pedestrian volume nights restaurants are more apt to begin encroaching on the five foot clearance area. The City Manager stated staff will continue to monitor the sidewalk cafes periodically and take appropriate action as required. With regard to a concern regarding the Lane Subdivision, the City Manager stated the Community Improvement Department is researching other cities to see what their Code provisions are regarding the handling of this kind of issue. Once the research is finished, the Community Improvement Department will report their findings. 11.B. From the Public. ll.B.1. Charlotte Wright~ 802 N.W. 2I'a Street~ stated two weeks ago she came before the Commission and expressed concern over a mentally handicapped boy who was mistreated and announced that his mother is present this evening. The City Manager stated this situation was looked into and determined that it was the Palm Beach County Sheriff's Office who were responsible and they have been asked for a report but as of this date have not produced any report. The City Manager explained that this was a "drug sting" operation that the Sheriff' s Department ran in the City of Delray Beach and emphasized that these officers were not officers of the City of Delray Beach Police Department. Furthermore, the City Manager suggested that the mother of the boy contact the Palm Beach County Sheriff' s office. Mr. Levinson stated that a public records request can be made for documents. Betty Colemam 139 N.W. 12th Avenue (mother of the boy)~ commented that the Chief of Police was supposed to contact her two weeks ago with the names of the officers who were involved in the incident but as of this date has not heard any response. Mayor Schmidt stated he will write a letter to the Palm Beach County Sheriff on behalf of the boy's mother and see if he can get an answer regarding this situation. In addition, Mayor Schmidt stated he will contact Palm Beach County Commissioner Mary McCarty and make her aware of the situation. ll.B.2. Jennifer Wood~ 917 Bucida Road~ commended the Commission on the redevelopment of West Atlantic Avenue and stated it is coming along nicely. Ms. Wood stated 5/21/02 -14- about a year ago heading east on Atlantic Avenue from 1-95, the City once had a welcome sign and asked if this area is going to be put back into shape. Ms. Wood stated at one time in this area there were flowers and a "Welcome to Delray Beach" sign and she feels this would be a wonderful situation to tie both the west and the east together. Secondly, Ms. Wood stated during this time of thinking about building parking structures, etc. and doing all of this work up and down Atlantic Avenue, she feels this is an ideal time to think of the situation with all the cars traveling up and down especially in the evenings. Ms. Wood suggested that the City think about getting an electric shuttle bus to help alleviate some of the traffic up and down Atlantic Avenue. ll.B.3. Kevin Warner~ 248 Venetian Drive~ stated he knows how Commissioner Perlman feels about Atlantic Grove, the house prices, and the feelings of the CRA. Mr. Warner asked the other Commission members how they feel regarding Atlantic Grove. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager stated he had no comments or inquiries on Non-Agenda Items. 13.B. City Attorney. The City Attorney stated she had a great vacation. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer stated when she was traveling on N.E. 2nd Street approaching 2nd Avenue she saw an enormous Coca-Cola truck making a delivery blocking the lane. Mrs. Archer continued to state that she went around the truck and around the round-a-bout and stopped by the next building on the other side of the corner and witnessed the truck navigate the corner. Mrs. Archer stated the truck road over the top of the curb and chipped a big piece out of it. Mrs. Archer inquired whether or not anything can be done to get smaller delivery trucks. The City Manager suggested that the City post signs indicating that trucks are prohibited from going through this area because this area is not built for trucks of that size. Mrs. Archer gave direction to the City Manager to contact Coca-Cola and inform them that these trucks are too large. -15- 5/21/02 Secondly, Mrs. Archer stated she received a request from JoAnne Peart who wants to know when the traffic calming islands at Seacrest and DeMda are going to be planted. Mayor Schmidt stated these are being planted today. Mrs. Archer Commerce on the occasion were approximately sixteen that new leaders are coming stated she had the opportunity to speak before the Chamber of of the graduation for Leadership Delray. Mrs. Archer stated there or seventeen people at the graduation and she feels it is nice to see out. Mrs. Archer commented about the Historic Trolley Tour and stated while riding on this particular tour she had a whole new perspective of Delray Beach. Mrs. Archer stated she has never had the opportunity to take a trolley tour in her own community and commented that she is truly impressed with the City of Delray Beach. 13.C.2. Commissioner Perlman Mr. Perlman commended Janet Meeks, Education Coordinator, for the report she is producing for the Atlantic High School progress. Mr. Perlman stated the report is really comprehensive and feels all the information is great. Secondly, with regard to the graduation of the Resident's Academy, Mr. Perlman stated the comments were very positive. Mr. Perlman stated he had the opportunity to meet with the Planning Director for the City of Stuart who is also their CRA Director and she is doing a doctoral dissertation. Mr. Perlman stated she surveyed 100 CRA's in the State of Florida and chose five CRA's to focus on one of them being Delray Beach. Mr. Perlman stated she also stated that when surveying people throughout the state, they kept speaking about the success of Delray Beach and wanting to model what was happening in Delray. Mr. Perlman commented that Stuart is a very good city and he feels this is very gratifying. With regard to the Neighborhood Summit, Mr. Perlman stated he is not so sure this is a good time of year and asking people to commit to a whole day on a Saturday is tough. Mr. Perlman suggested that the sessions be consolidated to a maximum of 20-25 minutes. Mr. Perlman stated he feels there needs to be some more active recruitment to get more people there because he feels the idea is great. Mr. Perlman stated that he noticed K-Kove was demolished and commented that there was an inquiry at the PROD Meeting today about the status of Pathways on Barwick Road. Mr. Perlman suggested that the City may want to gain some control over that parcel and stated he has heard that the owner is moving his operations to Broward because he no longer has a place to house people with K-Kove being gone. Mr. Perlman stated the presentation regarding West Atlantic Avenue was made by the CRA and the Engineering Department last week at the Metropolitan Planning Organization (MPO) and they came in fourth out of fourteen applicants which means that they will probably 5/21/02 -16- receive a half million dollars for the continuation of West Atlantic Avenue. Mr. Perlman congratulated both the CRA and the Engineering Department. Mr. Perlman stated there was an article in the newspaper about what the City of Boca is doing in terms of "sober houses". Mr. Perlman stated the City of Boca would like to limit these to three areas near health care facilities and there are also two other areas that they want to limit these. Mr. Perlman suggested that the City of Delray Beach look at what the City of Boca is doing. Mr. Perlman continued to state that at the Citizens' Summit, the Neighborhood Summit, and the Community Management Team Meetings he has been attending regarding the Southwest Plan, that this is an issue in certain neighborhoods (i.e. Woods of Southridge). Mrs. Archer stated she spoke to the City Attorney with regard to this issue and stated the Drug Task Force is reviewing this and will come back to the Commission with some recommendations for what they believe would be appropriate actions to be taken. 13.C.3. Mayor Schmidt Mayor Schmidt stated within the last week he has received numerous calls regarding Adelphia Cable and the cable service complaints. Mayor Schmidt stated he did receive one compliment from a man who informed him the only time he gets his cable fixed is when he calls the City Attorney's office. Mayor Schmidt inquired if there are any penalty provisions built into the agreement. Mayor Schmidt asked the City Attorney to take a look at this and suggested that if the City can (within the bounds of Federal law) build penalty provisions into the next franchise agreement. The City Attorney stated the City Attorney's Office is currently reviewing a draft ordinance. The City Attorney stated she will review this to see if there is penalty provision and get some advice on whether or not this is appropriate. 13.C.4. Commissioner Levinson Mr. Levinson stated with regard to Adelphia Cable they have met with a consultant and there are some things the City can do in terms of performance requirements. Secondly, Mr. Levinson commented about Historic Preservation Week and stated on Saturday approximately thirty people took the bus tour. Mr. Levinson stated Mary Swinford, Delray Beach Historical Society, symbolically buried a time capsule and noted that the time capsule could not actually be buried because there is still construction being done on the site and they were worried that someone would dig it up accidentally. Mr. Levinson stated he concurs with comments expressed by Mr. Perlman about the Neighborhood Summit being great but agrees that it could be improved. Mr. Levinson stated there was a newspaper article on the airport noise panel and apparently they are trying to get this off the ground. In addition, Mr. Levinson stated there was an article in the paper that the Boca Airport is undergoing a test with a firm with regard to a 5/21/02 -17- tracking system. Mr. Levinson stated it will be terrific for the City of Delray to use when someone calls or for people from the community because it will be accessible from the Boca Airport site. Mr. Levinson stated hopefully this will help to focus on those airplanes that are in violation (flying too low, etc.). Mr. Levinson stated he was happy to see after he called and spoke to Major McCollom from the Police Department one of the two electronic traffic boards as well as the speed control device was moved to Lindell Boulevard. Mr. Levinson stated he talked to Mary Lou Ciambriello (721 Lindell Boulevard) who came before the Commission regarding the speeding on Lindell Boulevard and was very thankful that the City is making progress in this regard. Mr. Levinson stated he suggested to Ms. Ciambriello that we need to get her the application for traffic calming for her neighborhood and also suggested that she needs to act with her association. Mr. Levinson stated there is a traffic sign board on the northbound Federal side near the boat ramp and suggested that these traffic sign boards be moved around the City on a regular basis to a new location when they are not being used for some directional signage for parking (as like Lindell Boulevard and Northbound Federal Highway). Mr. Levinson stated this would at least alert people that the Police Department is enforcing the speed limit in an effort to slow people down. At this point, the time being 7:00 p.m. the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-02: An ordinance amending the historic designation adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House" historic site located on the east and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean Boulevard). 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) The City Manager presented Ordinance No. 13-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-02 is on file in the City Clerk's office.) This item has been postponed due to a problem with the advertising. 10.B. ORDINANCE NO. 14-02: An ordinance amending Chapter 71 of the City Code of Ordinances by enacting Section 71.092 "Immobilization of vehicles by the City to collect outstanding parking fines". 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. 5/21/02 -18- The City Manager presented Ordinance No. 14-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", BY ENACTING SECTION 71.092, "IMMOBILIZATION OF VEHICLES BY THE CITY TO COLLECT OUTSTANDING PARKING FINES", TO PROVIDE PROCEDURES FOR THE IMMOBILIZATION OF VEHICLES THAT HAVE A CERTAIN NUMBER OF UNPAID PARKING TICKETS OUTSTANDING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-02 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. Mayor Schmidt declared the public hearing opened. There being no one from the public who wished to address the Commission on this issue, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 14-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved back to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.B.4. Alice Finst~ 707 Place Tavant~ thanked the Commission for holding the Neighborhood Summit on Saturday and commented that she did attend and concurs with comments expressed by Commissioner Perlman. Mrs. Finst stated she made it a point to talk to people from different associations who she had not met previously to find out what their concerns were about their community. Mrs. Finst stated the three major concerns are 1) Code Enforcement, 2) Cars on lawns/grass, 3) the indication that there are a lot of people living in houses that probably are not all related or in excess of what a house normally would hold and they are concerned about the appearance of their property. Mrs. Finst stated although these concerns have been discussed before, Mrs. Finst asked the Commission if they could discuss this again and come up with some plans so that when someone drives down a street they do not see nine or ten cars parked on lawns. Furthermore, Mrs. Finst stated she feels this situation is causing "eye pollution". Secondly, Mrs. Finst commented about citrus trees west of Boca and stated she understands that the City of Delray's participation is limited to assistance by the City Attorney's 5/21/02 -19- office, but the reality is that if the injunction is not granted on Friday, the Department of Agriculture will be cutting down trees here. If the injunction is granted (because Delray Beach is not participating), the Department of Agriculture will be cutting trees here. Mrs. Finst stated as she understands it, the City of Delray Beach is not participating in a way to protect the trees and asked what the City is going to do to protect Delray. The City Attorney stated there was a motion for a preliminary injunction and there is a decision to be rendered on Friday and it does cover the Boca Raton area. The City Attorney stated to her knowledge she is not aware of there being anything in the City of Delray Beach at this current time. Mayor Schmidt asked if there are any trees within our City limits that are scheduled to be cut. In response, the City Manager stated there is nothing scheduled that he is aware of for cutting down trees within the City of Delray Beach and commented that in the past they have met with staff in advance and notified the City if there were areas of infection that would lead to trees being cut. Mr. Levinson stated he would encourage any private property owner to join the suit if they have a citrus tree that is in danger of being cut. The City Attorney noted to Mrs. Finst that the motion she saw included individual property owners moving to intervene that had trees that were under threat of being cut. Mr. Levinson stated he feels the Commission has agreed to participate in a way that makes it appropriate for the residents, which is to utilize the resources of the City where appropriate. Mr. Levinson stated he does not want to see the City spend thousands of dollars in taxpayer's money and have it get thrown out because the City may not have any standing or any recourse. Mayor Schmidt stated he concurs with comments expressed by Mr. Levinson. Mr. Perlman commented that the Commission is not precluding reconsidering the issue. ll.B.5. John Bennett~ 137 Seabreeze Avenue~ read into the record a poem entitled "In Flanders Fields" written by John McCrae. Mr. Bennett stated he has been asked by the Commander of Post 65 of the American Legion to remind the Commission and the public of the Memorial Day Commemorations at 9:30 a.m. at the Delray Beach Municipal Cemetery and at 11:00 a.m. at Veteran's Park. Speaking personally, Mr. Bennett stated he hopes everyone will be there and read the following names (Delray's fallen) into the record: · Milton · Myers · Fish · Oiler · Riley · Jones · Jetton 5/21/02 -20- · Lamb · McNeil · Priest · Vreeland · Jupinico · Sprott ll.B.6. Ruth Silverman, 905 N.W. 22nd Avenue, stated she wrote a letter a couple of months ago asking the City of Delray Beach to participate in the lawsuit that allows the Department of Agriculture personnel to come into yards without a search warrant and violate the 4th Amendment protection. Mrs. Silverman stated she does not understand why the Commission does not want to take an active stand and commented that citizens' rights are being violated. Mr. Levinson suggested that Ms. Silverman contact Representative William Andrews since he enacted the law that is allowing the Department of Agriculture to cut down the trees and ask him what he will do about this. at 7:15 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 May 21, 2002, which Minutes were formally approved and adopted by the City Commission on City Clerk -21- 5/21/02 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 to the Minutes as set forth above. -22- 5/21/02 · Lamb · McNeil · Priest · Vreeland · Jupinico · Sprott ll.B.6. Ruth Silverman~ 905 N.W. 22nd Avenue~ stated she wrote a letter a couple of months ago asking the City of Delray Beach to participate in the lawsuit that allows the Department of Agriculture personnel to come into yards without a search warrant and violate the 4th Amendment protection. Mrs. Silverman stated she does not understand why the Commission does not want to take an active stand and commented that citizens' rights are being violated. Mr. Levinson suggested that Ms. Silverman contact Representative William Andrews since he enacted the law that is allowing the Department of Agriculture to cut down the trees and ask him what he will do about this. at 7:15 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 May 21, 2002, formally approved and adopted by the City Commission on whic~ Minutes were City Clerk -21- 5/21/02 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 to the Minutes as set forth above. -22- 5~1~2