Loading...
01-07-03JANUARY 7~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 7, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Barbara Garito, City Clerk 2. The opening prayer Baptist Church. was delivered by Pastor Klay Aspinwall with Lakeview The Pledge of Allegiance to the Flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt requested that Item 8.L.5., Bid Award be pulled from the Consent Agenda. In addition, Mayor Schmidt noted the addition of Item 9.H., Proposal for Settlement/Munroe v. City of Delray Beach to the Regular Agenda by addendum. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 3, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 10, 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: 6oAo Martin Luther King, Jr. Day - January 20, 2003 Mayor Schmidt read and presented a proclamation hereby proclaiming January 20, 2003 as Martin Luther King, Jr. Day. Lillian Strainge came forward to accept the proclamation. 6°8° Squads Recognizing and Commending the Delray Rocks Football & Cheerleading Mayor Schmidt read and presented a proclamation hereby proclaiming the Delray Rocks and Cheerleaders to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Ben Leonard, Coach for the Delray Rocks, came forward to accept the proclamation. 6oCo Recognizing and Commending Maurice "Moose" Warnock Mayor Schmidt read and presented a proclamation hereby wishing Maurice "Moose" Warnock a very HAPPY 100th BIRTHDAY and further recognizes and congratulates him on achievements and wishes him the best of health and happiness. Frances Owens came forward to accept the proclamation. ° PRESENTATIONS: 7oAo 2002 City Golf Championship Awards - Sandra Eriksson, Director of Golf Ms. Eriksson recognized the following individuals who are golf champions for 2002 and presented each of them with an award: Men's Champion - Greg Perrin, (150) 76, 74, Delray Beach Women's Champion - Nora Phillips, (147) 73, 74 Palm Beach (defended her title) Men's First Flight - Tim Weldon, (161) 82, 79 Delray Beach Men's Senior Championship Flight - Ron Fisher, (148), 75, 73 Delray Beach Men's Senior First Flight - Pasquale "Gino" Tirillo, (156) 77, 79, Delray Beach Men's Senior Second Flight - Joe Weldon (166) 78, 88, Delray Beach Men's Super Senior Championship Flight - Stephen Fitzgerald, (168) 79, 89, Delray Beach -2- 01/07/03 Men's Super Senior First Flight - Russell Keegan, Jr. (176) 85, 91, Delray Beach Women's First Flight - Nola Pearson, (180), 89, 91, Boca Raton Women's Senior Championship Flight - Joan Stein (178) 86, 92, Delray Beach & Canada Women's Senior First Flight - Ivy Boyk, (215), 102, 113, Delray Beach 7ogo Delra¥ Beach Racquet Club Condominium Association - Chuck Oliver Chuck Oliver, President of the Board for the Delray Beach Racquet Club Condominium Association formerly known as Laver' s, stated their relationship with the City is unique because of the Delray Swim and Tennis Club (which the community surrounds) and the Association was directly involved in the acquisition of by the City. Mr. Oliver stated their property also abuts Miller Park and much of their planning involves interaction with City management and has been mutually beneficial. Mr. Oliver commended the City Manager, Assistant City Manager, Rich Connell, Assistant Director of Parks and Recreation, Tim Simmons, Parks Superintendent, Nancy Davila, City Horticulturist, Randal Krejcarek, City Engineer and Brahm Dubin, President of JCD Sports Group, Inc. At this point, Mayor Schmidt allowed Carolyn Zimmerman to make a statement. On behalf of the residents of Delray Beach, Carolyn Zimmerman congratulated Commissioner Perlman and his new wife Diane Colonna on their marriage and wished them many years of happiness and good health. 7oCo Commander Scott Schley -American Legion Post #65 Commander Scott Schley, stated American Post #65 recently received a $50,000 grant from the Delray Beach Community Redevelopment Agency. Mr. Schley stated he is requesting financial support ($100,000) from the City to help rebuild Post #65. Mayor Schmidt stated once staff analyzes this and can make some recommendations where there may be some money available then this request will be placed on the Agenda for consideration. Furthermore, Mayor Schmidt stated the budget has been set for the year; however, there is an opportunity to make adjustments during mid-year. Secondly, Mr. Schley asked for assistance with regard to the mission style building located on the north side and stated he would like to see if there is a way to keep the building from being demolished. Also, Mr. Schley asked if the Commission has any objections to there being speed humps installed in the alleyways. The City Manager stated the Engineering staff will look into this and if it is needed then the City can install the speed humps. o CONSENT AGENDA: City Manager Recommends Approval. 8oAo RESOLUTION NO. 1-03: Approve Resolution No. 1-03 assessing costs for the -3- 01/07/03 demolition of an unsafe structure located at 1860 Marty Fladell Drive. The caption of Resolution No. 1-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 1-03 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 2-03: Approve Resolution No. 2-03 assessing costs for the demolition of an unsafe structure located at 906 and 908 S.W. 10th Street. The caption of Resolution No. 2-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 2-03 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 3-03: Approve Resolution No. 3-03 assessing costs for the demolition of an unsafe structure located at 68 N.W. 18th Avenue. -4- 01/07/03 The caption of Resolution No. 3-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 3-03 is on file in the City Clerk's office.) 8.D. GRANTING OF EASEMENT DEED/MARINA BAY: Approve an ingress/egress easement granting to the Marina Bay - Marine Way Condominium Association the right to use a 5' by 22' sliver of City owned property for pedestrian and vehicular ingress and egress of the town homes located adjacent to the Marine Way. 8oto ACCEPTANCE OF EASEMENT DEED/SPANISH RIVER RESORT AND BEACH CLUB: Approve and accept an easement deed allowing the City to construct/maintain a water line for general use and fire hydrants along East Atlantic Avenue. 8.F. CHANGE ORDER NO. 4/FINAL PAYMENT/SUBAQUEOUS SERVICES, INC.: Approve Change Order No. 4 in the amount of $38,259.00, and final payment in the amount of $41,356.59 to Subaqueous Services, Inc. for the Tropic Isles Canal Dredging Project. Funding is available from 448-5461-538-63.90 (Storm Water Utility Fund/Other Improvements) and 448-5461-538-65.54 (Tropic Isles Dredging). 8oGo CHANGE ORDER NO. 1/FINAL PAYMENT/ASTALDI CONSTRUCTION CORPORATION: Approve Change Order No. 1 in the amount of a $104,591.50 decrease, and final payment in the amount of $52,633.80 to Astaldi Construction Corporation for the SW Area Improvements Phase III Project. Funding is available from 442-5178-536-65.59 (Water/Sewer Renewal & Replacement Fund/SW Area III) and 448-5470-538-65.59 (Storm Water Utility Fund/SW Area IID. 8.H. REQUEST FOR IN-LIEU PARKING SPACE/NANNY'S ATTIC: Approve a request by Nanny's Attic for the purchase of one (1) in-lieu parking space in the amount of $6,000.00. Nanny's Attic is located at 124 North Swinton Avenue. 8oio REQUEST/ATLANTIC BAR & GRILL: -5- Approve a request from Atlantic Bar 01/07/03 & Grill (32 East) for the elimination of two (2) customer pick-up spaces located on S.E. 1st Avenue. go Jo SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $18,800.00 to allow the applicant to secure new financing. 8oKo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 9, 2002 through January 3, 2003. 8oLo AWARD OF BIDS AND CONTRACTS: ° ° ° ° ° Contract award to Johnson-Davis, Inc. in the amount of $46,100.00 for the Breezy Ridge Utilities Demolition Project. Funding is available from 442- 5178-536-63.50 (Water/Sewer Renewal & Replacement Fund). Contract award to Thomas B. Cushing Demolition in the amount of $22,700.00 for the removal of structure, parking lot, and concrete footers; cleaning lot of all debris and rough grading property known as the Ice House, 335 North Congress Avenue. Funding is available from 448-5470- 538-65.47 (NW 18th Avenue/Marty Fladell). Contract renewal with Commercial Chemical for the purchase of bulk Sodium Hypochlorite at an estimated annual cost of $22,000.00. Funding is available from 441-5123-536-52.21 for $17,600 and 441-5122-536- 52.21 for $4,400 (Water/Sewer Fund/Chemicals). Purchase award to Maroone Chevrolet in the amount of $19,170.00 via the Florida Sheriffs Association and Florida Association of Counties Bid #02- 10-0826 for the purchase of a 2003 Chevrolet Blazer for the Environmental Services Department's GIS/Hansen Data Acquisition Program. Funding is available from 441-5123-536-64.20 (Automotive). Purchase award to McCotter Ford in the amount of $30,948.00 via the Florida Sheriffs Association and Florida Association of Counties Bid #02- 10-0826 for the purchase of a 2003 Ford Excursion for the Police Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Purchase award to Medtec in the amount of $343,000.00 via the Florida Sheriffs Association state-wide bid package for two (2) Rescue Units for the Delray Beach Fire Department. Funding is available from 501-3312- 591-64.20 (Central Garage Fund/Automotive). Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -6- 01/07/03 9. REGULAR AGENDA: 9.A. REQUEST TO REDUCE LIENS/NICHOLAS ARSALI: Consider a request to reduce liens on property acquired by Mr. Nicholas Arsali located at 415 N.W. 2nd Street. The liens currently total $8,848.05; Mr. Arsali is prepared to pay the remaining lien of $4,232.64, which includes the City's out-of-pocket expenses. Staff recommends denial. Lula Butler, Director of Community Improvement, stated the item before the Commission is a request from Mr. Nicholas Arsali to waive administrative fees and interest assessed to code enforcement liens on property he purchased through a Tax Deed sale in the amount of $4,164.92. Ms. Butler stated the City has a total of $8,848.05 in liens assessed on the property for abatement of nuisances between 1993 to today's date. Ms. Butler stated Mr. Arsali did not look to see if there were any other liens attached to the property prior to purchasing and staff recommends denial of the request. Nicholas Arsali, investor, stated he has kept the property clean since he purchased it. Mr. Arsali stated he is willing to pay all the costs and urged the Commission to waive the administrative fee and interest. Mayor Schmidt stated he understands Mr. Arsali is requesting that the administrative fee and interest be waived. However, Mayor Schmidt stated he would consider waiving interest as long as the City was not out-of-pocket any money. Mayor Schmidt asked Mr. Arsali if he would be willing to pay $1,550.97 for the administrative fees as well as the recording charges and the payments to vendors. Mr. Arsali stated he is willing to pay whatever amount the City Commission agrees upon. Mr. Levinson stated it is his understanding that Mr. Arsali's intent is to fix this property up and do something with it. Therefore, Mr. Levinson stated he would like to waive the interest if in fact something is done with the property within a reasonable period of time so that it is not just maintained as it is but that the property is improved. The City Attorney stated that if the Commission wishes to waive any part of this to do so and suggested that if there is ever a citation again on any property owned by Mr. Arsali that it would never be waived again. Ms. McCarthy asked why Mr. Arsali has not yet developed the lot. In response, Mr. Arsali stated he just purchased the property through a Tax Deed sale and does not have a clear title to the property because of the outstanding City liens. Mr. Arsali stated in order to get the financing from the bank to start improvements on the property he needs a clear title. Mr. Arsali stated that there are over 50 properties currently available on the Clerk of the Circuit Court Lands Available List. Ms. McCarthy stated in the past the Commission has addressed these type of situations based on a need and have been trying to get many more homes put in this area for homeownership and that is what the Commission is promoting. Ms. McCarthy asked Mr. Arsali why he purchased the lot. In response, Mr. Arsali stated he purchased the lot for approximately -7- 01/07/03 $20,000 through the Tax Deed auction but because it did not sell it was placed on the Lands Available List and noted no taxes were paid on the property since 1992. Mr. Arsali stated the County charges 18% interest on the tax deeds from the day that they are due. Mr. Levinson supports Mayor Schmidt's suggestion and also suggested that staff create a policy and develop an incentive program for people who are interested in buying these types of properties and that these properties are purchased for the purpose of development only and not for the sake of buying them to just hold on to. Mr. Levinson continued to state traditionally these properties are within areas where there is a need for homeownership development. The City Manager inquired about the process of how these properties eventually come to the City. In response, Ms. Butler stated after the County has gone through the seven year cycle the County sends a Lands Available List to the City of all the properties asking if the City would like to take possession of these properties. Ms. Butler continued to state that the City has been able to obtain many lots for affordable housing this way. Mr. Levinson moved to waive the $3,064.44 of interest of the total $8,848.05 due and that the balance be payable by Mr. Arsali, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oBo INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for the financial contribution regarding the relocation of transmission lines on S.E. and N.E. 2nd Avenue from S.E. 1st Street to N.E. 2nd Street to an area just east of the FEC railroad tracks. Brian Shutt, Assistant City Manager, stated the agreement provides the payment provisions between the City of Delray Beach and the CRA to FPL for the removal and relocation of transmission lines on S.E. and N.E. 2nd Avenue from S.E. 1st Street and N.E. 2nd Street to an area just east of the FEC railroad tracks. Mr. Levinson moved to approve the Interlocal Agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA), 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.B.1. PAYMENT/FLORIDA POWER & LIGHT: Approve the issuance of a check to Florida Power & Light (FPL) in the amount of $44,156.50 for the completion of the Pineapple Grove Way Power Line Relocation Project. Funding is available from 119-4151-572-63.90 (Pineapple Grove FPL Poles). Mr. Levinson moved to approve the payment to Florida Power & Light, 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 -8- 01/07/03 passed with a 5 to 0 vote. 9.C. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE MUNICIPAL ELECTION: Consider authorizing the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 11, 2003 Municipal Election, and represent the City at the requisite Logic and Accuracy tests. Mrs. Archer moved to approve authorization for the Supervisor of Elections to handle and canvass the City' s absentee and provisional ballots for the March 11, 2003 Municipal Election, and represent the City at the requisite Logic and Accuracy tests, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) regular members to the Code Enforcement Board for a three (3) year term ending January 14, 2006, and two (2) alternate members to fulfill unexpired terms ending January 14, 2004 and January 14, 2005. Based upon the rotation system, the regular appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). The alternate appointments will be made by Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2). Mr. Levinson moved to reappoint Andrew Youngross as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to reappoint Anthony Veltri as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2006, 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. Mayor Schmidt stated he wished to appoint Mitchell Leiderman as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2006. Ms. McCarthy so moved, 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. Mr. Perlman moved to appoint David Hawke as an alternate member to fill an unexpired termendingJanuary 14, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -9- 01/07/03 Mrs. Archer moved to appoint Robert Marks as an alternate member to fill an unexpired term ending January 14, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the following members to the Nuisance Abatement Board; three (3) regular members with terms ending March 31, 2005 and one (1) regular member to fill an unexpired term ending March 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5). Mrs. Archer moved to reappoint Robert Gillespie as a regular member to the Nuisance Abatement Board with a term ending March 31, 2005, seconded by Mr. Perlman. 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 reappoint Jose Ramirez as a regular member to the Nuisance Abatement Board with a term ending March 31, 2005, 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. Ms. McCarthy moved to reappoint John Miller, Jr. as a regular member to the Nuisance Abatement Board with a term ending March 31, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated he wished to appoint Donna Russo as a regular member to the Nuisance Abatement Board to fill an unexpired term ending March 31, 2004. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two (2) Citizen at Large representatives to the Parking Management Advisory Board for two (2) year terms ending January 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2). Mr. Perlman moved to reappoint Bernard Dahlem as a citizen-at-large to the Parking Management Advisory Board for a two (2) year term ending January 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion -10- 01/07/03 passed with a 5 to 0 vote. Mrs. Archer moved to appoint Melvin Sacharow as a citizen-at-large to the Parking Management Advisory Board for a two (2) year term ending January 31, 2005, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to appoint Woodrow Lockett as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003, 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. PROPOSAL FOR SETTLEMENT/MUNROE v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of $75,000.00 in Munroe v. City of Delray Beach. Staff recommendation is denial. Mr. Levinson moved to deny the Proposal for Settlement in the amount of $75,000 in Munroe v. City of Delray Beach, 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 to deny passed with a 5 to 0 vote. At this point, the time being 6:50 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. With regard to prior concerns expressed regarding Lake Worth Drainage District (LWDD) plans on the L-30 canal and suggesting that the City of Delray Beach do something similar to what Boca Raton had done with some of their canals, the City Manager stated the City of Delray Beach did investigate what the City of Boca Raton had done. The City of Boca Raton told the LWDD that they needed a permit to remove trees within the city limits and the drainage district said they did not. The City Manager stated that the end result of it all is trees on the non- maintenance side were saved (north side) and commented that this would not really satisfy the homeowners' from Rainberry Lake who are complaining because they live on the south side. Secondly, with regard to a concern expressed about sponsor logos on the banners in the downtown area, the City Manager stated this has not been interpreted as advertising and has been allowed for the last ten years. Major sponsor logos on banners have been hung at intersections on the light poles along Atlantic Avenue for events such as Art & Jazz on the -11- 01/07/03 Avenue as well as the holiday tree and the Garlic Fest. Furthermore, the City Manager stated this is a way to give the primary event sponsors recognition. 11.B. From the Public. ll.B.1. Terry Rothmam (a homeless person)~ stated on Friday, January 3, 2003, he was questioned by Police repeatedly and noted his only trespass was his homelessness. Mr. Rothman stated the questioning continued over a period of over four hours at various locations throughout the City and trespass warnings were issued against the homeless. Mr. Rothman stated in no case had an incident occurred which would have warranted the trespassing warning. Mr. Rothman stated he feels the Police leadership of the City of Delray Beach should be held partially accountable for this conduct because the Police leadership monitors what the Police Officer's do during their active duty. Mr. Rothman stated no one was willing to mediate the problem and a mediation of the conflict through the local legislative body could have possibly defused the problem early. Mr. Rothman suggested for future cases in which conflicts involving civil rights issues between a citizen and/or someone visiting Delray Beach and the Police that a mediator could be called upon to bridge the differences and find a solution to the problem. ll.B.2. Jim Smith~ 1225 South Ocean Boulevard~ Delra¥ Beach~ reported that the Pedestrian Bicycle Task Team is up and running and stated the Organizational Meeting was held last month. Mr. Smith asked that the membership of the Pedestrian Bicycle Task Team be increased from seven to nine members. The prior recommendation that was approved by the City Commission in November asked that to any extent possible that there be a Police representative to serve on the Task Team and one of the reasons for this is because the Police are very close to accidents that involve pedestrians and cyclists because they fill out the accident reports. In addition, Mr. Smith stated the Police have also been instrumental in education programs in schools (i.e., Bicycle Helmet Program, and Walk a Child to School Day). Furthermore, Mr. Smith stated it was also the desire of the Commission to have someone from the Palm Beach Parks and Recreation Department involved mainly because the Committee is looking at greenways. Furthermore, Mr. Smith stated it would be wonderful to have some linkage from Delray Beach to Boynton Beach, to the undeveloped, to the suburbs, to the west and down to Boca Raton to the south. Secondly, Mr. Smith invited everyone to attend the Pedestrian Bicycle Task Team Meetings held on the second Thursday of every month at 6:00 p.m. Mr. Smith stated the Committee is anxious to have citizen participation. At this point, the time being 6:55 p.m., the City Commission took a short break. 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. 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 at the Catherine Strong Center. -12- 01/07/03 Prior to consideration of this item, a public hearing has been scheduled to be heard at this time. The City Attorney stated this is a lease of land to the Boys & Girls Club and currently they lease Area 5 (Catherine Strong Center). The City Attorney stated this is a lease for Lease Area 4 so that they can construct the facility. The lease is for 75 years from the date of receipt of a building permit on Lease Area 4. The City Attorney stated the building permit must be obtained by January 1, 2004 and the building must be completed by January 1, 2005 or the lease as to Lease Area 4 will be null and void and the current lease will remain in effect. Mary O'Connor, President and CEO of the Boys & Girls Clubs of Palm Beach County, stated the lease is needed so that they can go out to bid. Mr. Levinson asked if they need to start by 2004 and not 2005. In response, Ms. O'Connor stated they do have over $1 million raised and have gone back to the architect to see what can be done in terms of phasing in the project and commented that it would be nice to complete the entire project at one time. Mr. Levinson stated the Commission would also like to see the project completed at one time. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the restated lease agreement, the public hearing was closed. Mr. Levinson moved to approve the restated lease agreement between the City of Delray Beach and the Boys & Girls Club of Palm Beach County on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The 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 INCLUDE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; CREATING A NEW SECTION 33.71, "COORDINATION OF RETIREMENT BENEFITS", PROVIDING FOR COORDINATION OF BENEFITS FOR -13- 01/07/03 MEMBERS WHO HAVE PREVIOUS SERVICE AS A GENERAL EMPLOYEE; AMEND1NG 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. 59-02 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. The City Attorney recommends denial of this ordinance due to correspondence received from Patricia Shoemaker with the Bureau of Municipal Police Officers' and Firefighters' Pension Funds that has some issues regarding the flow of monies from the General Employees Pension Plan and combining that with Police Pension contributions. The City Attorney stated there is a Florida State Statute that requires service as a Police Officer and a Firefighter as a requirement for pension in the Police and Fire Pension Plan. Therefore, the City Attorney stated staff has to work out another mechanism for recognition the General Employees pension contribution for those employees who might have been covered and then became a Police Officer or Firefighter. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 59-02, the public hearing was closed. Prior to the vote, Ms. McCarthy asked if any of the actuary reports have been submitted. In response, the City Manager stated the actuary reports have been submitted. Mr. Levinson moved to adopt Ordinance No. 59-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson- No; Ms. McCarthy -No; Mayor Schmidt -No; Mr. Perlman- No; Mrs. Archer- No. Said motion Failed with a 5 to 0 vote. 10.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 58-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING -14- 01/07/03 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated there was some question from the Police and Fire Pension Board as to whether this applied to those employees who are currently employed as well as to those employees that are employed thereafter. The City Attorney continued to state that this does apply to those employees who are currently employed as well thus removing the word "initially" from the ordinance. The City Attorney stated it also applies to military service as well as former police officers and firefighters. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 58-02, the public hearing was closed. Prior to the vote, Mr. Perlman asked for clarification regarding the recruitment tool. Ms. McCarthy asked whether or not this is money that would come out of the City's budget. In response, the City Manager stated if an employee wishes to buy credit for that prior service they have to pay the actuarial cost of it. Mr. Levinson moved to adopt Ordinance No. 58-02 on Second and FINAL Reading, seconded by Mr. Perlman. 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. -15- 01/07/03 10.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 56-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 56-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 57-02 is as follows: -16- 01/07/03 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 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 57-02, the public hearing was closed. The City Manager stated this would cost approximately $100,000 because if an employee is not in the plan the City is putting 9 lA percent into a 457 Plan each year if all nine people participate. Joseph Safford, Finance Director, stated previously certain positions were excluded from the General Employees Pension Plan. These positions included the City Manager, Assistant City Manager, City Attorney, and Assistant City Attorneys. In addition, Mr. Safford stated the Department Heads had an option to either enter the General Employees Pension Plan or receive a 9~A percent contribution to an ICMA 457 Plan. Therefore, Mr. Safford stated this request is to allow all of those nine employees the opportunity to come back into the -17- 01/07/03 General Employees Pension Plan. Mr. Safford stated there may or may not be an actuarial cost depending on how many people participate. Ms. McCarthy asked why these nine positions were excluded from this opportunity. In response, Mr. Safford stated the position of the City Manager, Assistant City Manager, City Attorney, and Assistant City Attorney(s). Mr. Safford explained that the City Manager's is under contract and is hired by the City Commission. The City Manager contracted to have an ICMA Retirement Plan not the General Employees Pension Plan. The City Manager explained that at the time this was set up there was ten year vesting and the chances of a Manager staying in one place for ten years were considered very slim. Mr. Safford reiterated that at that time an option had to be offered in order to retain a Department Head. Ms. McCarthy stated it states that there are 9 lA percent expenses to the City and asked Mr. Safford if he has figured out what the percentage of expense will be for the City under the new plan. In response, Mr. Safford stated at the present time the cost in the General Employees Pension Plan to the City is 2.7 percent of salary. If these people enter the plan it would probably go up to no more than 3 lA percent of salary. Mr. Safford continued to state this is an actuarial calculation that is done each year and a lot of it is based upon investment performance within the plan, turnover of employees, pay raises, and other factors that go into an actuarial determination of cost. Ms. McCarthy asked if all nine employees elected to enter into the General Employees Pension Plan the City would not quite double the percentage of funds that we are paying out. Mr. Safford stated there would be approximately $90,000 in costs to the pension plan. Ms. McCarthy asked if there is a cost for them to electing to do this and does the City incur this cost as well. Mr. Safford stated that each individual employee that wishes to have an actuarial determination of what their costs would be to enter the plan has to pay the cost of the actuarial study plus the past service cost thus it would not be a cost to the City. Mrs. Archer moved to adopt Ordinance No. 57-02 on Second and FINAL 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. 10.F. 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The 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 -18- 01/07/03 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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 60-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 60-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 53-02: An ordinance modifying Ordinance No. 4-99 by amending subsection 4.6.9(E), "Location of Parking Spaces" of the Land Development Regulations to extend the In-Lieu of Parking Fee regulations. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 53-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUB SECTION 4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-02 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. -19- 01/07/03 Mr. Perlman stated he feels these fees should be periodically reviewed. In addition, Mr. Perlman stated he would also like to see the financing reviewed in the CBD. Paul Dorling, Director of Planning and Zoning, stated staff will look into this. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 53-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 53-02 on Second and FINAL Reading, 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. 10.H. ORDINANCE NO. 54-02: An ordinance revising Ordinance No. 51-02 to clarify that Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace Subdivision are included in Ordinance No. 51-02. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 54-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 51-02 BY AMENDING SECTION 1 CLARIFYING THAT THE LOTS REFERRED TO IN PARAGRAPH 5(a) INCLUDE LOT 3; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-02 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 open. There being no one from the public who wished to address the Commission regarding Ordinance No. 54-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 54-02 on Second and FINAL Reading, seconded by Mr. Perlman. 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. 10.I. ORDINANCE NO. 55-02: An ordinance amending Chapter 111, "Advertising" of the City Code of Ordinances by enacting a new Section 111.18, "Distributing Commercial and Non-Commercial Handbills in Public Places". Prior to consideration of passage of this -20- 01/07/03 ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 55-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 111, "ADVERTISING", BY REPEALING SECTION 111.18, "DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS IN PUBLIC PLACES" IN ITS ENTIRETY IN ORDER TO PROVIDE AN UPDATED ORDINANCE REGARDING SAME BY ENACTING A NEW SECTION 111.18, "DISTRIBUTING COMMERCIAL AND NON- COMMERCIAL HANDBILLS IN PUBLIC PLACES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 55-02 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 open. There being no one from the public who wished to address the Commission regarding Ordinance No. 55-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 55-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Schmidt stated that since the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items slightly before 7:00 p.m., at this point if there is someone that did not previously address the Commission that would like to speak on a Non- Agenda item, Mayor Schmidt invited them to step forward at this time. Since no one else came forward to speak at this time, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 12. FIRST READINGS: None. -21- 01/07/03 13.A. City Manager. With regard to a concern expressed by Commissioner Levinson regarding Animal Control, the City Manager stated the City found out that the County had a grant program that had been going to private organizations to do various things (i.e., as like the humane society does). The City Manager stated that the City of Delray Beach recently received notice that we received a grant in the amount of $20,000 and this money will be used to hire a part-time person to supplement the City's animal control efforts. Secondly, the City Manager stated the City had planned for the Legislative Delegation to come to the Workshop Meeting of January 14, 2003 and commented that he and the Mayor discussed this earlier. The City Manager stated today the City received two more calls and Representative Machek said he would be in attendance. The other four members of the Legislative Delegation had said they would send their aids. However, Representative Machek called today and said he is unable to attend and Representative Hasner is taking his aid and therefore his aid will not be able to attend either. The City Manager suggested that this meeting be rescheduled for another time and noted that there are committee meetings going on in Tallahassee on January 14th. Mr. Levinson stated that you can go Online to see what the Committee schedules are. 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 Mr. Perlman stated he received a call from the Alpha Kappa Alpha (AKA) Sorority and was informed they will be holding an anniversary reunion on Sunday, February 2, 2003, at the Marriott Hotel at 6:00 p.m. Secondly, Mr. Perlman stated in the sixteen years he has lived in Delray Beach he feels this holiday season was the best ever. Mr. Perlman stated he received a lot of complimentary comments from people that Delray Beach was the place to be this holiday season. 13.C.2. Commissioner Archer Mrs. Archer congratulated Commissioner Perlman on his marriage. Secondly, Mrs. Archer stated she had the opportunity to attend the Ocean Rescue Meeting on New Year's Day and commented that she was very impressed by the way they prepared themselves before going out on the beach. Mrs. Archer stated the City of Delray Beach -22- 01/07/03 has a lot to be proud of with the Ocean Rescue Team and she feels they represent the City very well. Mrs. Archer stated she has received three requests from people (one from another municipality and two from hotels) to find out where the City got the ice skating rink. Mrs. Archer stated the Drug Task Force has had brief discussion about rather than just concentrate on passing ordinances that would put the problem of the sober houses and how to deal with them off on another municipality it might be worthwhile to have an open discussion with the cities from South Palm Beach County, the County, DCF, and the State legislators to see if there can be some resolution to see how to effectively deal with the issue. Mrs. Archer continued to state they have had conversations with Scott Badesch, President and Chief Professional Officer of United Way of Palm Beach County and are working at trying to get something together at a time when the legislators will be able to attend. Mr. Levinson suggested that Mrs. Archer use the League of Cities as a venue for having the forum. 13.C.3. Commissioner Levinson Mr. Levinson commented about a newspaper article about a woman who had been mauled by a dog and stated Jenude Raymonvil and her fellow classmates with the Delray Beach Youth Enrichment Training Program provided a Christmas to the woman. Mr. Levinson suggested that Ms. Raymonvil and the rest of her classmates be recognized for their efforts with a proclamation. Secondly, Mr. Levinson asked if there is a way to appropriately notice that two or more of the Commissioners may be present at the same particular meeting. Mr. Levinson suggested that a notation be made on the monthly calendar noting the following: "two (2) or more City Commissioners may be in attendance". Mr. Levinson stated lately he has noticed many street lights around town that are out especially along both Northbound and Southbound Federal Highway. Mr. Levinson stated he believes the City has a factor that we apply to the total lumens that we buy for those lights that could be out at any one time and suggested that this percentage be reviewed. In response, the City Manager stated the factor is not the City's but is established through the Public Service Commission and he agrees that this should be looked into. Mr. Levinson suggested that staff write a letter to the Public Service Commission. Mr. Levinson stated a number of years ago there were meetings held regarding the redevelopment of the site where the Publix Shopping Center is located and noted that there are private Brownfield monies available to a developer but the City had to do certain things in identifying that block or those areas in order to allow someone to make these applications. Mr. Levinson suggested that the Commission revisit this item and he feels this may be a way for someone who is not enticed to do something in there to be able to get some grant money. Mr. -23- 01/07/03 Levinson stated he feels the City should be doing whatever possible so that a private owner who applies is eligible to get those grants. Mr. Levinson stated there was a great newspaper article dated December 29, 2002, on the front page of the Sun-Sentinel News about "25 years in America" written by reporter Mr. Leon Fooksman. Mr. Levinson stated that 1-95 particularly with the closure at Atlantic Avenue and soon to be $.W. 10th Street and soon to be Linton Boulevard has become more of a significant issue. Mr. Levinson stated he spoke to Randal Krejcarek, City Engineer and inquired whether or not there is a weekly Florida Department of Transportation meeting. Mr. Levinson stated that Mr. Krejcarek stated there is a weekly meeting held every Thursday afternoon. However, he is not able to attend because he has another weekly meeting at the same time. Therefore, Mr. Levinson stated because of the uniqueness of the meeting times with these closures for the next several months, he asked if staff could find an alternate individual to attend and represent the City at the Florida Department of Transportation (FDOT) update meetings. Mr. Levinson stated he feels this is an important issue and someone should attend every week. Mr. Levinson congratulated Commissioner Perlman on his marriage. Mr. Levinson wished everyone a Happy New Year and congratulated First Night. Furthermore, Mr. Levinson stated he spoke to Bill Wood and commented that First Night may have turned a profit. Lastly, Mr. Levinson announced yesterday he declared his candidacy for re- election. 13.C.4. Commissioner McCarthy Ms. McCarthy publicly thanked Tony Hamden (Stop N Go, Inc.) a local business owner, for providing the money to cover the expense of the ice skating so that some less fortunate children had the opportunity to ice skate. In addition, Ms. McCarthy thanked Delores Rangel, Administrative Assistant and Amanda Solomon, Telecommunications Systems Manager, for taking her idea and making it a reality by providing the children with coupons so that they could have the opportunity to skate. Secondly, Ms. McCarthy stated at the end of last year she spoke to Officer Pun and he asked if she would give a presentation to the Delray Beach Youth Enrichment Training Program on life skills. Ms. McCarthy stated it was a wonderful experience and made the Palm Beach County Black Elected Officials aware that the school is in existence. Ms. McCarthy continued to state that the Palm Beach County Black Elected Officials asked that she fax a list of every member and if they are ever asked to do any public speaking in the City especially for this program, to give them a call and they will be open to the idea. Ms. McCarthy stated over the last four weeks she has received numerous telephone calls from the public regarding the City's web page. Ms. McCarthy stated the most -24- 01/07/03 common question is when they know a City employees name, how can they go on the web page and just find that person without having to know the department or sub-department that the employee works in. Ms. McCarthy suggested that there be an alphabetical access listing available on the website instead of people having to go through page-by-page in order to find out how to get in touch with a particular person in the City. Lastly, Ms. McCarthy wished everyone a fabulous 2003. 13.C.5. Mayor Schmidt Mayor Schmidt announced that he will not be at the Regular City Commission Meeting of January 21, 2003 and will be returning on January 26, 2003. Mayor Schmidt is going to attend "The U.S. Conference of Mayors" in Washington and will also by lobbying while there trying to get some federal funding for the reuse. Mayor Schmidt stated he received a call from Carole Shetler, Area I Superintendent for the School District of Palm Beach County about the School Board Meeting on January 22, 2003 at 6:00 p.m. and commented that they are going to be recognizing the Principal for A Day Program and specifically Janet Meeks, Education Coordinator and Shelly Weil, Chairman of the Education Advisory Board for PENCIL (Principal For A Day). Mayor Schmidt stated he will not be able to attend and suggested that one of the Commissioners attend the meeting. Mayor Schmidt announced that EPOCH (Expanding and Preserving Our Cultural Heritage) is holding their 2nd Annual Commission Roast on February 6, 2003 at the Golf Course. Mayor Schmidt stated with regard to Palm Beach County days in Tallahassee it falls on the first Regular City Commission Meeting of March 4th. Mayor Schmidt suggested that the meeting be rescheduled and that the Commission discuss in further detail at the Workshop Meeting of January 14, 2003. Mayor Schmidt stated in conjunction with congratulations to Commission Perlman and Diane on their marriage and noted that this was a very happy event. However, over the same weekend Mayor Schmidt stated there was also a very sad event with the passing of Chief Schroeder's dad. Mayor Schmidt stated he was personally affected in both instances. Mayor Schmidt continued to state he was very pleased to see all the City employees interacting with each other at both gatherings whether it was to celebrate or give condolences. Furthermore, Mayor Schmidt stated he feels that the City of Delray Beach has a unique group of employees and considers them like an extended second family. at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned -25- 01/07/03 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 7, 2003, which Minutes were formally approved and adopted by the City Commission on January 21, 2003. 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. -26- 01/07/03 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 7, 2003, which Minutes were formally approved and adopted by the City Commission on January 21, 2003. 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. -26- 01/07/03