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12-10-02DECEMBER 10~ 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, December 10, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - Barbara Garito, City Clerk Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Loretta McGhee, Deputy City Clerk Chevelle Nubin, Executive Assistant o VaDor. The opening prayer was delivered by Rabbi Sam Silver, Congregation L'Dor The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt stated that staff has revised agreements for Item 8.I., Ratification of Amendment, Item 9.C., Tripartite Agreement and Item 9.E., Funding Agreement/Business Recruitment. Also, Mayor Schmidt noted the addition of Item 9.H., Resolution No. 97-02, to the Regular Agenda by addendum. For the benefit of the public, the City Attorney stated there will be a postponement of Item 10.A. Boys and Girls Club Lease Agreement to a date certain of January 7, 2002 because this has already been advertised as a public hearing. Ms. McCarthy moved to approve the Agenda as amended, 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. APPROVAL OF MINUTES: None. 6. PROCLAMATIONS: None. o PRESENTATIONS: 7oAo Fire-Rescue Dive Team Recognitions Kerry Koen, Fire Chief, stated it is his privilege to introduce a group of fine personnel with Fire Rescue who represented the City recently at a renowned competition in Orlando. Michael Wise, Lieutenant/Fire Rescue, gave a brief summary of some of the competition events as well as the outcomes. Mr. Wise presented trophies to the members of the Dive Team who recently competed in the 16th Annual Public Safety Diver's National Conference. The event was sponsored by the Orange County Sheriff' s Department and was held on Lake Convey in Orlando from October 7-11, 2002. The total team metal tally was ten 1st place medals, five 2nd place medals and seven 3rd place medals. Mr. Wise stated that former paramedic Peter Firehock founded the Delray Beach Firehock Dive Team and accepted the challenge by the Delray Beach Police Department in 1997 to compete for the first time in this event. Mr. Wise stated that this was the first year that Peter Firehock was not present to compete due to his death. In memory of Peter the Delray Beach Fire Department asked Orange County to allow the Fire-Rescue Dive Team to present an award in Peter's honor. Mr. Wise stated at the awards ceremony, the Orange County Sheriff's Department and all the teams participating presented Mr. Wise and Lieutenant Tony O'Hare with the Peter L. Firehock Memorial Award. On behalf of the City Commission, Mayor Schmidt stated they appreciate all the hard work and more importantly the residents do. Therefore, in the event they are ever in a situation where the dive team needs to assist, the residents know they have the best at hand. o CONSENT AGENDA: City Manager Recommends Approval. 8oAo FINAL SUBDIVISION PLAT APPROVAL/PINEAPPLE GROVE VILLAGE: Approve the subdivision plat for Pineapple Grove Village, located on the east and west side ofN.E. 3rd Avenue, between N.E. 2nd Street and N.E. 3rd Street. 8ogo DELRAY LAKES HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Delray Lakes Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 8oCo SERVICE AREA BOUNDARY AGREEMENT/PALM BEACH COUNTY: Approve an agreement between the City and Palm Beach County establishing the utility service area boundary for potable water, reclaimed water, and wastewater utility service. -2- 12-10-02 8.D. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/ SAN SEBASTIAN: Authorize the City to act as the utility permit applicant for the installation/construction of a water main extension within the state right-of-way at the southeast corner of N.E. 1st Street and northbound Federal Highway and approve a Hold Harmless Agreement with the developer (Centex Homes, Inc.). 8.E. DESIGNATION OF AUTHORITY/HOLD HARMLESS AGREEMENTS: Approve a request to allow the City Manager to approve, enter into, and execute standard hold harmless agreements on behalf of the City for work to be performed within the public right-of- way. 8.F. SPECIAL EVENT REQUEST/FOTOFUSION 2003: Approve a special event request by Palm Beach Photographic Center for Fotofiasion 2003 to be held January 21 through January 25, 2003; including a waiver of rental fees for use of City facilities, waiving costs associated with constructing/installing event signs and banners (approximate cost $250.00), and staff assistance with constructing/installing signs and banners. 8.G. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for January 23, 2003 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 N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages. 8.H. MEMORANDUM OF AGREEMENT FOR PARTICIPATING AGENCIES: Approve an agreement between the City of Delray Beach and the City of Miami for the reimbursement of salaries of firefighters of participating agencies in the Urban Search and Rescue Response Task Force from the Federal Emergency Management Agency (FEMA). 8.1. RATIFICATION OF AMENDMENT: Accept and ratify the extension to the Contract for Sale and Purchase between the Block 77 Development Group, L.L.C. and the Community Redevelopment Agency (CRA). 8.j. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 2, 2002 through December 6, 2002. 8.K. AWARD OF BIDS AND CONTRACTS: Purchase award to Eimco Process Equipment Company in the amount of $60,000.00 for labor and equipment for the rehabilitation of the mechanical components of Clarifier No. 3 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Other Machinery/Equipment). -3- 12-10-02 Mrs. Archer moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9oAo APPEAL OF PLANNING AND ZONING BOARD DECISION/SABAL LAKES: Consider an appeal of a decision of the Planning and Zoning Board's action regarding the Master Development Plan Modification associated with the Sabal Lakes Phase IV Development. (Quasi-Judicial Hearing) Mayor $chmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed with the exception that Mayor $chmidt stated he had a couple of emails he has forwarded to the City Clerk. Mayor $chmidt stated he has discussed this with the City Attorney and the appeal has been filed by Sabal Lakes III Homeowners' Association and if the Commission is going to allow the appeal to go forward as filed by them, the Commission needs to decide whether or not to give them party status and if they choose to do so Mayor $chmidt stated his recommendation (the City Attorney concurs) would be that we give them party status for this evening but reserve that right to object to that should there be any future litigation. In conjunction with that, Mayor $chmidt stated if party status is granted they would have up to 20 minutes to give a presentation (the Board of Directors on behalf of the unit owners of Sabal Lakes III Homeowners' Association). Mayor $chmidt stated if this is the case he recommends that we not allow any public comment by any Homeowners' that live in Sabal Lakes III because the Board is making a presentation on their behalf. If there are homeowners' from Sabal Lakes I or II that would like to speak then they may speak for three minutes. Mayor Schmidt read a summary of the procedure of how a quasi-judicial hearing is conducted. Chevelle Nubin, Notary representing the City Clerk's office, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-399 and #93-145 into the record. The project involves construction of a 90-unit zero lot line development known as Phase IV of the Sabal Lakes subdivision. The modification involves conversion of the approved 114 multiple family residential units to 90 zero lot line units, addition of a 4.74 acre out parcel, reconfiguration of the existing loop road and requests for internal adjustments to front and side interior setbacks as well as a waiver to right-of-way widths where the proposed streets dead-end. As part of the approval, Mr. Dorling stated there were three internal adjustments that were granted. One involved the reduction in required front yard setback from 20 feet to 15 feet to -4- 12-10-02 accommodate Model 319 on Lots 55-62, 65-69, and 71-86. Mr. Dorling stated there was also a reduction in the required side setback from 15 feet to 10 feet for all units and a reduction in the required right-of-way width from 60 feet to 40 feet on the terminus of the private roadways. The development proposal will also include a modification of the narrative for the overall PRD (Planned Residential Development) for Sabal Lakes. At its meeting of November 18, 2002, the Planning and Zoning Board approved the Master Development Plan modification and the internal adjustments for Phase IV of the Sabal Lakes subdivision. There was extensive public testimony in opposition to the request, the majority from Sabal Lakes Phase III. The Board felt it was appropriate to provide the second connection to Barwick Road as previously approved with the master plan in 1989 and to eliminate the portion of Sabal Lakes Road between the proposed roadway and Banyan Creek Elementary school due to traffic concerns/congestion associated with the school. The Board felt the proper findings relating to the associated internal adjustments, waiver and Master Development Plan modification could be made. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Sowards absent and Krall abstaining) to approve with conditions the Master Development Plan modification based upon positive findings with respect to Sections 3.1.1 (Required Findings), 2.4.5(F)(5)(Master Plan Findings), 3.2.3 (Standards for Site Plan Actions) and 4.4.7(H)(2) (Master Site Plan Findings) of the Land Development Regulations, and with Objective A- 1 of the Comprehensive Plan. At its meeting of November 26, 2002, the Planning and Zoning Board's action was appealed by the Sabal Lakes Phase IH Board of Directors. Mr. Dorling stated that there was some confusion as to what the residents were actually opposed to and commented that this was the only confusion factor involved in their decision. Mr. Dorling reiterated that staff feels it is imperative there is an alternative access as planned in the original Master Development Plan because with one access point if an accident occurs in front of the school there is no way to get out of the neighborhood. Bonnie Miskel~ 222 Lakeview Avenue~ (Attorney representing the Developer)~ stated she does not wish to cross-examine City staff. Robert Burr~ 4040 Sea Grape Circle~ Delray Beach~ (Homeowner and Association Attorney)~ asked Mr. Dorling what would be created by not closing off that portion of Sabal Lakes Road. In response, Mr. Dorling stated with the provision of the alternative access the need for that road section no longer exists and the desire would be to remove the traffic conflict of additional traffic at the connection where it mixes with the school traffic. Bonnie Miskel~ Attorney representing the Developer~ stated in order for the appeal to be granted the Commission must determine that the record does not have adequate findings and noted that the City's record is complete with more information supporting the finding than even needed. Furthermore, Ms. Miskel stated it appears from a letter of appeal that there are a couple of concerns, in particular staff' s concern with regard to the elimination of the portion of the loop that connects back and ends up conflicting with the existing school site opening. -5- 12-10-02 Ms. Miskel called the following two witnesses to provide some testimony as to additional evidence: Mike Covelli, Caulfield & Wheeler, Inc., stated with regard to the issue of traffic there was discussion with regard to the secondary access to Barwick Road. Mr. Covelli stated since the last meeting they have had meetings with the Palm Beach County Transportation personnel. Mr. Covelli stated staff has a copy of a letter that was issued and stated the first step with them is to request a conceptional approval for the access opening and they concurred with the location that Caulfield & Wheeler is showing and have issued a letter as such. Mr. Covelli stated they requested that this be a condition of any development. Furthermore, Mr. Covelli stated they show continued compliance with the different elements that are within this. Kahart Pinder, Pinder Troutman Consulting, 2324 S. Congress Avenue, Suite #l-H, West Palm Beach, FL 33406, stated they were asked to look at the potential impacts of the proposal as it relates to Banyan Creek Elementary School. Mr. Pinder stated there are two elements that need to be addressed when it relates to the school. Mr. Pinder stated one is relocation of what has been referred to as the "loop road" which now provides a four-way intersection in front of the school which is their main entrance and exit to their parking and their student drop-off for parents. The other is the proposal to relocate that road with a direct connection to Barwick Road and the elimination of that driveway making it a "T" intersection for the school parking lot. The other element of the plan is a proposed pedestrian connection. Mr. Pinder stated he has a letter that has been submitted into the record as evidence which talks about the proposal and includes a pathway to the school allowing students of the west end of the development to continue to walk to school and noted that in the letter it states "based on this information the School District's Planning Division has no objection to the proposed roadway change. The change may provide opportunities for traffic flow improvements without negatively impacting the school." Ms. Miskel stated in closing with the additional information as well as the record submitted by staff she believes that they have met the findings requirement and urged the Commission to not grant this appeal and support the decision of the Planning and Zoning Board. The following residents from Sabal Lakes Phase IH came forward to address the Commission: Karen Newman, 3905 Sea Grape Circle, Delra¥ Beach (Vice President for Sabal Lakes II Board of Directors), read two letters of objection into the record and stated the residents of Sabal Lakes III are strongly opposed to the decision to allow the many reductions in the Sabal Lakes Phase IV plan. Mrs. Newman stated in addition to the reductions the primary objection is the closure and abandonment of the north/south section of Sabal Lakes Road. Mrs. Newman feels there was some misinformation at the Planning and Zoning Board Meeting and the maps were incomplete. Mrs. Newman stated with regard to the developer's projected site plan the existing loop as presented this evening was not shown at the Planning and Zoning Board Meeting. Mrs. Newman expressed concern with there being no mention in the Master Plan for Sabal Lakes for the road to be a temporary road. Furthermore, Mrs. Newman expressed concern -6- 12-10-02 for the safety of many children in the area and noted there are several other detrimental decisions that negatively impact the safety and property values of their community. Michele Briganti~ 4192 Sabal Lakes Road~ Delra¥ Beach~ expressed concern over the crosswalk and stated when the residents were presented with the original site plan at the last meeting it showed only one speed hump and noted that the site plan is now showing two speed humps (one by the recreation area). Ms. Briganti stated the second speed hump which goes around the bend on the new road is a blind spot and commented that her driveway is about twenty feet from there. Ms. Briganti expressed concern for the safety of the children and feels that a crosswalk on a speed hump is very dangerous and the residents will not be able to back out of their driveways. Furthermore, Ms. Briganti stated the new crosswalk will be a hardship for the parents who drop off their children (if coming from the outside of the development) and will not wait in line by Sabal Lakes Road to turn but will cut-in the new area and go around the loop to save a little time. Ms. Briganti stated she feels this will generate more traffic not less. Robert Burr~ 4040 Sea Grape Circle~ Delra¥ Beach~ stated by closing the existing portion of Sabal Lakes Road he feels it will create a horrendous situation in the morning for people exiting Sabal Lakes Phase IH and urged the Commission to vote down closing off the existing road. Walter Earle¥~ 3980 Maiestic Palm Wa¥~ Delra¥ Beach~ (President of the Sabal Lakes Phase III Homeowners' Association)~ stated many people who live in Sabal Lakes Phase I, II, and III drive their children to and from school in the morning and the afternoon and explained that someone doing this must come out onto Barwick Road to come back and one would have to turn into where the new proposal is for Sabal Lakes Phase IV. Then you would have to come through Sabal Lakes Phase IV to come back into Sabal Lakes Phase III, II, and I. Mr. Earley stated the same thing would apply in the afternoon. Furthermore, Mr. Earley stated there will be a backup of traffic all the way back to the school for people coming down south and from people who want to go back into the area. Mr. Earley stated if the road remained the same people could turn left and go back into Sabal Lakes Phase III, II, and I. Mr. Earley stated there would be major traffic problems on Barwick Road in the morning and afternoon by closing Sabal Lakes Road will create major traffic problems in the morning and afternoon on Barwick Road. Tim Ochipa~ 4045 Sea Grape Circle~ Delra¥ Beach~ stated the area that is proposed for the building of Sabal Lakes Phase IV is a scrub-type area and noted it has come to his attention that there is special permitting that is needed to remove the tortoise. Mr. Ochipa stated there is at least one tortoise in the area possibly two and asked if this has been addressed. In addition, Mr. Ochipa stated there are also foxes that live in the area and asked if this has been a consideration. Jackie Bronkie~ resident of Sabal Lakes Phase IlL Delra¥ Beach~ expressed concern that nothing in the plans or the area she moved into denoted that there was going to be a road change. Ms. Bronkie stated there is only one roadway and all the residents come around a big circle to come back out. Therefore, she feels that the majority of the people will short-cut through the neighborhood rather than go all the way around. Ms. Bronkie stated that if the road is closed it will have a drastic impact on the community and urged the Commission to readdress -7- 12-10-02 this issue. Karen Newman, 3905 Sea Grape Circle, Delray Beach, stated there was some confusion at the Planning and Zoning Board Meeting and feels the residents of Sabal Lakes Phase III were not listened to fairly. After brief discussion, Mrs. Newman stated residents will have to leave their neighborhood to go within their neighborhood and urged the Commission to support the appeal. At this point, Mayor Schmidt announced that if anyone other than those residents who live in Sabal Lakes Phase III would like to address the Commission regarding this issue, to come forward at this time and limit their comments to three minutes. Jean Legrys, 4142 Satin Leaf Court (Sabal Lakes Phase I), Delray Beach, stated the school bus loop is now used for parent pickup and the edge of the property is where the crosswalk would be. The other parking area is the school bus pickup which was changed several years ago and the bicycle racks removed to be away from the bus drop-off. Mrs. Legrys suggested that the City recommend that the pathway be moved across the street and that the lots be moved down. In addition, Mrs. Legrys stated she would also like to see the City remove one house and smooth the road down. Mrs. Legrys stated that most of the residents from Sabal Lakes Phase II and Phase III that come out of the existing road speed and do not stop at the stop sign. With regard to the traffic on Sabal Lakes Road, Mrs. Legrys stated most of the people travel in excess of the 25-mile speed limit. Mrs. Legrys suggested that a Phase II environmental study be done for the conservation. Furthermore, Mrs. Legrys stated she is opposed to the appeal and reiterated that the road be moved further south (the access) in an effort to avoid the congestion during the two periods of traffic hours. Jillian Woehlkens, Eliopoulos Architecture and a member of the Planning and Zonin~ Board, stated she did visit the site, however, noted that she was unable to go on a day where there was a high traffic volume. Ms. Woehlkens stated she did see the current phases as they are now. With regard to the people who have spoken this evening, Ms. Woehlkens feels some inaccurate information has been given. Ms. Woehlkens stated the Planning and Zoning Board was made fully aware of their concern of the access going out to Barwick Road and interfering with their current situation. Mr. Dorling stated through the review process staff did require an environmental study of the site and there were some areas of vegetation etc. that were identified as an area that was worth saving. Furthermore, Mr. Dorling stated the applicant did modify his site plan and it is his understanding that no foxes were found and although they did find holes no actual turtles were found. Bonnie Miskel, representing the applicant, stated essentially the Commission has received opinions from the neighbors and they have provided no expert testimony to substantiate their claim that this appeal should be granted. Ms. Miskel stated expert testimony has been provided to the Commission and stated this project is supported not only by City staff, developers and their professional consultants, but now they have testimony from Palm Beach County Traffic Engineering that supports and promotes this modification. Ms. Miskel stated as -8- 12-10-02 comprised in the letter from Palm Beach County Traffic Engineering "this is better traffic flow from a safety, health, and welfare condition." In addition, Ms. Miskel stated her client and Mr. Pinder have met with the School Board staff and in their expert opinions this is a better traffic flow as far as the safety of the children. Furthermore, Ms. Miskel stated the Principal of the school also concurs with the modification. Ms. Miskel stated she believes there is no testimony to support a denial and urged the Commission to support the Planning and Zoning Board's decision. Karen Newman, 3905 Sea Grape Circle, Delra¥ Beach, stated she spoke to William Fay, Principal of Banyan Creek Elementary School yesterday morning and claims that he does not concur with the road closure. Mrs. Newman stated she feels the fact remains that the entrance that is just south of the existing entrance is to be moved south by the canal for an alternate access. Furthermore, Mrs. Newman stated she and other residents are the experts because they live in the neighborhood and see this on a daily basis. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Brief discussion followed by the Commission, staff, and Ms. Miskel. At this point, Ross Licata (a member of City staff) was called to address some traffic concerns: Ross Licata (Captain/Police Department), resident of Sabal Lakes and a Board Member of Sabal Lakes Phase II, expressed concern over the road configuration and stated he feels during the morning and afternoon hours when parents are dropping off and picking up their children there are some serious traffic concerns with what is being proposed. Mr. Licata stated with the new entrance that is being proposed on Barwick Road south of the existing entrance, it would require a third crossing guard at that location in addition to the two that are already working at this site. Further discussion continued between Mr. Perlman, Ms. McCarthy, and Mr. Licata. Ms. Miskel asked if she might be permitted to cross-examine Mr. Licata. In response, Mayor Schmidt stated that Mr. Licata is a member of City staff called to address some traffic concerns of the Commission. Ms. Miskel stated she objects to not being permitted to cross-examine Mr. Licata. Mayor Schmidt so noted the objection. Mr. Levinson stated it is intriguing to provide a second access that does not force people who are not taking children to school and commented that not everyone who lives in the Sabal Lakes development has a child to take to school. Therefore, Mr. Levinson asked how much traffic would come particularly of people not taking children to school to relieve the north end of the loop instead that would be coming through the south end of the loop. In response, Mr. Licata stated unless there is another City employee directing traffic at that entrance in the mornings and the afternoons they will not use that entrance to get in and out of the neighborhood because the traffic will be such that people will not be able to get out. Furthermore, Mr. Licata -9- 12-10-02 stated it requires that person to be standing in that intersection to stop north and southbound traffic for cars to exit Sabal Lakes right now. Mr. Levinson commented about what this may do to the current corner and whether or not this would relieve some of the potential left-hand traffic to be able to move further south in addition to whether or not this would relieve some traffic at the existing Sabal Lakes Road making it a better intersection and making Barwick Road a better road. Mr. Levinson stated there is currently quite a backup of traffic that goes out to Sabal Lakes Road because not only are people dropping their children off at school but there are also people who are going to work that are exiting the community. Mrs. Archer commented that she always felt it to be advantageous to have more than one entrance into a community in case of an emergency or a problem. Mr. Licata stated there are some advantages and disadvantages but from a crime prevention standpoint the lease number of access and entryways there are makes it more advantageous. Mrs. Archer stated she feels this to be more advantageous in a gated community. Ms. Miskel stated as an attorney she has heard testimony in every city she has ever been in by the Fire Department that it is always preferred to have two openings because if there were a fire or an accident at the main location to the community then this could potentially create an impossibility for fire rescue or police personnel to get into the community with only one opening. Mr. Levinson moved to approve the appeal, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - No; Mr. Perlman - No; Mrs. Archer - No. Said motion to approve the appeal failed with a 4 to 1 vote. At this point, the time being 7:25 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESTATED LEASE AGREEMENT/BOYS & GIRLS CLUB: Consider approval of a restated lease agreement between the City of Delray Beach and the Boys & Girls Club of Palm Beach County for property in Lease Area Four. Prior to consideration of passage of this item, a public hearing has been scheduled to be held at this time. Ms. McCarthy moved to postpone Item 10.A. to a date certain of January 7, 2003, at 7:00 p.m., 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. At this point, 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. The City Manager had no response to prior public comments and inquiries. -10- 12-10-02 11.B. From the Public. No one from the public spoke on non-agenda items. 9.g. ITEM REMOVED. 9.C. TRIPARTITE AGREEMENT: Consider approval of a tripartite agreement between City of Delray Beach, Community Redevelopment Agency (CRA), and Delray Crate and Freight, Inc. for the retail post office in Pineapple Grove. The City and the Community Redevelopment Agency will each contribute $8,972.00. Brian Shutt, Assistant City Attorney, explained that if the audit shows they made greater revenues then therefore they are not entitled to as much of the $8,972.00 then the City would not pay them that portion of it. The City Attorney made reference to paragraph 3(B) of the agreement. Brief discussion followed between staff, the Commission, and Mr. Glenn Weiss. The City Attorney suggested a clarification in paragraph 3(C) on page four of the agreement that language be changed to state "a one time payment of $8,972.00". Prior to the vote, Ira Jacobson with Delray Crate and Freight, Inc. read a letter into the record from the U.S. Post Office. Mrs. Archer moved to approve the Tripartite Agreement with the additional language in paragraph 3(C) acknowledging that this is a one-time payment of $8972.00 and also including the revision to the end of paragraph 3(B) providing for the payment of audit expenses by Delray Crate and Freight, Inc. if the audit turns up a discrepancy greater than 5%, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion passed with a 3 to 2 vote. 9.D. DESIGNATION OF AUTHORITY/LICENSE AGREEMENTS: Consider approval of a request to allow the City Manager to approve, enter into, and execute standard license agreements on behalf of the City for certain events to be held at the Tennis Center. Brief discussion followed by staff, the Commission, and Brahm Dubin. Mr. Perlman moved to approve the designation of authority that in no event allows the City Manager to approve any of these license agreements if the expenses exceeded $15,000; and, in all cases, the preference is that the City Manager bring the agreement to the Commission and that the City Manager only signs in extraordinary circumstances with review of this policy at the Annual Organizational Meeting, 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. 9.t. FUNDING AGREEMENT/BUSINESS RECRUITMENT: Consider approval -11- 12-10-02 of an agreement between the City of Delray Beach, Community Redevelopment Agency (CRA), and the Greater Delray Beach Chamber of Commerce for funding for an Executive Director of Business Recruitment position commencing January 1, 2003 for a two-year period subject to budget. The City Attorney noted some changes to paragraph 3 on page 2 and stated the City's agreement is to fund a certain funding amount and everything else is the Chamber's responsibility. Mrs. Archer moved to approve the funding agreement, seconded by Mr. Levinson. Prior to the vote, brief discussion followed by the Commission and Bill Wood. After some discussion, the City Attorney suggested that the parties encourage a broad geographic representation. At this point, the motion was amended to read as follows: Mr. Levinson moved to approve the funding agreement subject to the revision of the language as suggested by the City Attorney, 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. 9.F. POLICIES AND PROCEDURES/SPECIAL EVENTS: Consider approval of the policies and procedures for special events in the City of Delray Beach with an effective date of July 1, 2003. Robert A. Barcinski, Assistant City Manager, stated this is before the Commission to consider approval of the policies and procedures for special events in the City of Delray Beach with an effective date of July 1, 2003. The proposal contains some grammatical and organization changes. Other changes include increases in permit fees, changes to submittal date requirements along with a required submittal time for new events, definition of City costs, definition of non-profit/charitable sponsor and private sponsor, deletion of paragraph D Section IV (the review team felt this was redundant), and an additional section covering neighborhood block parties. Mrs. Archer moved to approve the policies and procedures for special events in the City of Delray Beach with an effective date of July 1, 2003, seconded by Mr. Levinson. 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. 9.G. REQUEST TO CHANGE BOARD LIAISON ASSIGNMENT: Consider a request to change the City Commission Board Liaison assignment regarding the Community Redevelopment Agency. Mr. Levinson moved to approve that Ms. McCarthy take over as the primary -12- 12-10-02 liaison for the CRA until the Annual Organizational Meeting, 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. Mr. Levinson moved to approve Mrs. Archer as alternate member (liaison) to the CRA until the Annual Organizational Meeting, 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. 9.H. RESOLUTION NO. 97-02: Consider approval of Resolution No. 97-02 authorizing the initiation of conflict resolution procedures between the City of Delray Beach and the Lake Worth Drainage District regarding the L-30 Canal. The caption of Resolution No. 97-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, STATING THE CITY'S INTENT TO INITIATE THE CONFLICT RESOLUTION PROCEDURES OF CHAPTER 164, FLORIDA STATUTES, REGARDING A CONFLICT WITH THE LAKE WORTH DRAINAGE DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. The City Manager recommends working with the staff of the Lake Worth Drainage District (LWDD) to work out a solution with regard to the L-30 Canal. Mayor Schmidt asked what kind of time frame would there be to go through the initiation of conflict resolution procedures. The City Attorney indicated that the process could be rather lengthy. After brief discussion, it was the consensus of the Commission to work out a solution with the staff of the Lake Worth Drainage District (LWDD) rather than go through the conflict resolution procedures with regard to the L-30 Canal. Mr. Levinson moved to approve to table Resolution No. 97-02, seconded by Ms. McCarthy. 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. At this point, the Commission moved to Item 12, First Readings and Mrs. Archer and Mayor Schmidt left the dais. 12. FIRST READINGS: 12.A. ORDINANCE NO. 60-02: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public hearing will be scheduled for January 7, 2003. -13- 12-10-02 The caption of Ordinance No. 60-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No.60-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 60-02 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Vice Mayor Perlman - Yes. Said motion passed with a 3 to 0 vote. At this point, Mrs. Archer and Mayor Schmidt returned to the dais. 12.B. ORDINANCE NO. 59-02: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code of Ordinances to provide credit for police/firefighters with previous service as a general employee. If passed, a public hearing will be scheduled for January 7, 2003. The caption of Ordinance No. 59-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "CONTINUOUS SERVICE" FOR CERTAIN PURPOSES TO INLCUDE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; CREATING A NEW SECTION 33.71, "COORDINATION OF RETIREMENT BENEFITS", PROVIDING FOR COORDINATION OF BENEFITS FOR MEMBERS WHO HAVE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER CONTRIBUTIONS", TO PROVIDE FOR ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE PURCHASE OF -14- 12-10-02 CONTINUOUS SERVICE; PROVIDING CLAUSE; PROVIDING A VALIDITY PROVIDING AN EFFECTIVE DATE. A REPEALER CLAUSE; AND (The official copy of Ordinance No. 59-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 59-02 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. 12.C. ORDINANCE NO. 58-02: An ordinance amending Chapter 33, "Police and Fire Departments", subheading "Pensions", of the City Code of Ordinances to allow police officers/firefighters credit for prior service as a police officer/firefighter with another employer. If passed, a public hearing will be scheduled for January 7, 2003. The caption of Ordinance No. 58-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "CONTINUOUS SERVICE" TO PERMIT A FIREFIGHTER WITH AT LEAST FIVE YEARS OF CONTINUOUS SERVICE TO PURCHASE UP TO THREE ADDITIONAL YEARS OF SERVICE FOR PRIOR EMPLOYMENT AS A POLICE OFFICER OR FIREFIGHTER; AMENDING SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER CONTRIBUTIONS", TO PROVIDE FOR ROLLOVERS OR TRANSFERS INTO THE FUND FOR THE PURCHASE OF CONTINUOUS SERVICE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Ms. McCarthy moved to approve Ordinance No. 58-02 on FIRST Reading, seconded by Mr. Levinson. 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. -15- 12-10-02 12.D. ORDINANCE NO. 56-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to provide for the purchase of prior government service under the general pension plan. If passed, a public hearing will be scheduled for January 7, 2003. The caption of Ordinance No. 56-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION C, "CREDITED SERVICE", OF SECTION 35.089, "DEFINITIONS", AND CREATING A NEW SECTION 35.0934 TO ALLOW PARTICIPANTS WITH AT LEAST FIVE YEARS OF CREDITED SERVICE TO PURCHASE UP TO THREE YEARS OF CREDITED SERVICE BASED ON PRIOR GOVERNMENTAL SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 56-02 on FIRST Reading, seconded by Ms. McCarthy. 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. 12.E. ORDINANCE NO. 57-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to allow previously excluded employees to participate in the general pension plan. If passed, a public hearing will be scheduled for January 7, 2003. The caption of Ordinance No. 57-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", REVISING THE DEFINITION OF "EMPLOYEE" TO INCLUDE CERTAIN PREVIOUSLY -16- 12-10-02 EXCLUDED POSITIONS; AMENDING SECTION 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN", TO PROVIDE FOR CERTAIN PREVIOUSLY EXCLUDED EMPLOYEES TO PURCHASE CREDITED SERVICE UNDER THE PLAN; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION (L), "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS", TO ALLOW PARTICIPANTS WHO WERE PREVIOUSLY EXCLUDED FROM PARTICIPATION IN THE PLAN TO MAKE A DIRECT TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS TO PURCHASE CREDITED SERVICE UNDER THE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 57-02 on FIRST Reading, 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. 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 had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Perlman Vice Mayor Perlman thanked Loretta McGhee, Deputy City Clerk, for doing a great job this evening. In addition, Mr. Perlman stated he enjoyed the Holiday Employee Appreciation Reception and wished everyone a Happy and Healthy New Year. -17- 12-10-02 13.C.2. Commissioner Archer Mrs. Archer read a brief report regarding the Drug Task Force. Mrs. Archer stated she has a copy of the report along with the By-Laws, which she will forward to the City Clerk for distribution for the Commission. Secondly, Mrs. Archer wished everyone a Happy New Year and Happy Holidays. 13.C.3. Commissioner Levinson Mr. Levinson wished everyone Happy Holidays and stated he feels staff enjoyed the Holiday Employee Appreciation Reception. Secondly, Mr. Levinson congratulated Mr. Perlman on his upcoming wedding. 13.C.4. Commissioner McCarthy Ms. McCarthy thanked Loretta McGhee, Deputy City Clerk and Chevelle Nubin, Executive Assistant/Agenda Coordinator for handling this meeting and commented that they have very big shoes to fill when the City Clerk is not in attendance. Ms. McCarthy stated last week she had expressed Happy Holidays to everyone and said she prays for a very safe, prosperous and healthy 2003 for all. Ms. McCarthy thanked the City Manager, the City Attorney, Department Heads, and staff and stated everyone is very much appreciated. 13.C.5. Mayor Schmidt Mayor Schmidt stated when the Commission had their Goal Setting Session the Commission agreed to go out and try to talk with different organizations and take that message to them. Mayor Schmidt stated he spoke to the Beach Property Owners' Association (BPOA) last week and spoke to the Brandeis Women's Association today and stated that he and Nancy King, Publications Editor, have been working together at revamping the PowerPoint presentation for residents by adding some visuals to it. Mayor Schmidt stated if the Commission gets an opportunity they may want to get with Nancy King to review this presentation. Mr. Levinson suggested that Nancy King either email this presentation or send it to the Commission via disk. Mayor Schmidt wished everyone a Happy and Healthy Holiday. at 8:45 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned -18- 12-10-02 ATTEST: City Clerk 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 December 10, 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 as set forth above. -19- 12-10-02 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 10, 2902, which Minutes were formally approve~d 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 as set forth above. -19- 12-10-02