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Agenda Special 03-12-01 CITY COMMISSION CITYOF DELRAY BEACH~ FLORIDA SPECIAL MEETING -MONDAY - MARCH 12, 2001 7:30 A.M. - COMMISSION CHAMBERS 1993 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Mayor David W. Schmidt has instructed me to announce a Special Meeting of the City Commission to be held for the following purpose: (1) (2) CITRUS CANKER IN DELRAY BEACH Commission Comments. Barbara Garito, CMC Acting City Clerk Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MARCH 12, 2001 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt, in the Commission Chambers at 7:30 a.m. on Monday, March 12, 2001. Roll call showed: Present: Mayor David Schmidt Commissioner Jeff Perlman Commissioner Patricia Archer (arrived at 7:40 a.m.) Commissioner Bill Schwartz Absent: Commissioner Alberta McCarthy Also present: City Manager David T. Harden and City Attorney Susan A. Ruby. Mayor Schmidt called the special meeting to order and announced that it had been called for considering: (1) CITRUS CANKER IN DELRAY BEACH. Mayor Schmidt said that the City Commission was to consider whether the City of Delray Beach should file a lawsuit, or possibly intervene, in the pending lawsuit regarding Citrus Canker. The Mayor noted that the City Attorney's Office was going to make a presentation regarding this matter. Mayor Schmidt thanked the City Attorney's Office, and especially Assistant City Attorney, Jay Jambeck, for the tremendous amount of work that he did in such a short time and for presenting the Commission with such good information for today's meeting. City Attorney Susan Ruby stated that she was presenting the City Commission with a potential complaint in this case and a copy of Judge Fleet's Order in a Broward Case, currently on Appeal on the 4th District Court of Appeal. She stated that it was her understanding that the Department of Agriculture and Consumer Services voluntarily stopped the enforcement action in Miami-Dade County after the permanent injunction was entered in Broward County, before Judge Fleet, but that the Department was still proceeding against Palm Beach County. She noted that the 4th District Court of Appeal may issue an order fairly soon or within the next few weeks. Mrs. Ruby pointed out that Assistant City Attomey, Jay Jambeck, had prepared an Amicus Curiae Brief. In an Amicus Curiae Brief, one was not to argue issues that had already been argued before the Court. City Attomey Susan Ruby added that Mr. Jambeck had reviewed all the Briefs that had been filed, therefore, the City was only going to make the additional arguments appropriate to this case. Basically, she was presenting the City of Delray Beach Commission with some pleadings, should the City Commission want to proceed with this case. City Attorney Susan Ruby noted that there are a few fruit trees in Orchard View Park, on public property, which would help with their standing arguments. It was her recommendation that should the Commission decide to go forward with a lawsuit that it should do so on its own behalf. Assistant City Attorney, Jay Jambeck reiterated Ms. Ruby's statement and advised Commission he was available for any questions they might have. Mayor Schmidt noted that he had been to Tallahassee last week, along with Commissioners, Archer, McCarthy and Perlman. During their visit, Representative Ganon arranged a meeting with Deputy Secretary of the Department of Agriculture, Craig Meyer. During that meeting, Mr. Meyer raised the question as to whether the 4th District Court of Appeal's ruling would have any effect on Delray Beach if it did not file a lawsuit since the pending lawsuit if only for Broward County? Jay Jambeck replied that based on his analysis it would have a legal effect as far as the legal issues are involved in Delray Beach, however, the City or persons living within the City would have to move for an injunction to prevent the Department from proceeding in Delray Beach. It would not be something self-execution from the 4th District Court of Appeal. At this point, Mayor Schmidt announced the presence of the staff from the Department of Agriculture. The Mayor noted that Mr. Meyer had already made a presentation regarding the Citrus Canker issue in Tallahassee last week, but encouraged everyone to ask any questions they may have concern eradication. Commissioner Bill Schwartz responded that after reading all the back-up materials and publications on a very controversial issue, he found it very difficult to be supportive of the 1900-foot eradication policy. In concluding, Commissioner Schwartz strongly encouraged the City to move forward with this issue. Mayor David Schmidt noted that the Citrus Canker item was being considered for discussion on Wednesday by the Palm Beach League of Cities Board of Directors. He added that 'the League's Executive Director had invited him to speak on this issue if he so desired. Mayor Schmidt questioned if the City Attorneys had discussed this issue with the City of Boca Raton, in, perhaps, joining,Delray Beach in this lawsuit. Assistant Attorney Jay Jambeck replied that the City of Boca Raton wanted to wait and see how this issue developed in their municipality. Commissioner Pat Archer felt that although a presentation had already been made in Tallahassee, she urged Commission to have a short presentation at the meeting so the public could be equally informed. Consequently, Mayor Schmidt invited representatives from the Department of Agriculture to give a brief overview on citrus canker. Mr. Mark Fagen, Spokesperson for the Citrus Canker Eradication Program, presented some maps to demonstrate how the disease had spread through Miami/Dade into Broward County, and into Palm Beach, in the last 5 years, which he left for City review, along with a copy of Judge Bartow's decision. He explained the first find was near Cormorant Road, and the current find in Delray Shores. Mr. Fagen discussed the importance of Palm Beach -2- Minutes of 03-12-01 County to the citrus growing district. Palm Beach County has over 10,000 acres of citrus production. Although many people question the validity of the science, Mr. Fagen stated that this science had been published in Federal Pathology magazines in the February edition. He also talked about the importance of immediately cutting the exposed trees down. During the three months of not cutting trees in Miami/Dade/Broward quarantined area, 1,500 previously exposed trees are now positive to citrus canker, therefore, making more 1900-foot arcs. What the department has found this past year in Palm Beach County that the spread of canker has been by lawn maintenance or landscapers and not a natural spread. At this time they are not sure how the spread occurred in Delray Shores. The decontamination process is extremely important and they are encouraging everyone to spread that information, and they are willing to do a "Town Hall Meeting" to educate as many people as possible on decontamination. Mayor Schmidt asked Barry Silver, Attomey for the homeowners about filing a Stay in the 4th District Court of Appeal today. He responded that indeed he would be filing an action on behalf of many people in Delray, and he believes the support from the City would be helpful in that regard. The problem is that the Department says they could have a "Town Hall Meeting", by the time the meeting would take place there wouldn't be any trees left in this whole area. The problem is that each person is required to pay $250 in order to have the privilege of appearing before the Department of Agriculture in order to protect their trees. Many of the people do not have the funds available therefore, they are trying to get one hearing for all the people especially since many people have had their trees cut down without any notice. They are not challenging the eradication program, all they want is to have a hearing on this subject since many of them have not had a hearing at all and their trees are already gone. He felt coordination of all efforts would be beneficial. Mr. Jack Haire, questioned the 1900-foot eradication policy and Dr. Gottwald's study. He indicated that a meeting was held with only citrus members, no-one from the public was invited, after 23 months only preliminary data has been provided and the final study is not scheduled to be published until 2002. What Judge Fleet said was his forum was not the best place to address the science, however, what he did say was "all things considered that the plaintiffs case was probably stronger than the Department of Agriculture's". That says a lot as 'the science was discussed in detail. It was also brought up in the court that that canker bacteria cannot be eradicated it can not be stopped. They have also yet to give a cost analysis sturdy on what this eradication is going to cost vs. straying. He believes the quarantine is going to go on forever and eradication is not going to work. Assistant City Attorney, Jay Jambeck, clarified about the standards used by Judge Fleet in determining the validity of the science. He explained that Judge Fleet used the Competent Substantial Evidence standard, but that standard was being challenged by the Broward Plaintiffs on appeal. In addition, Assistant Attorney Jambeck said that the Broward Plaintiffs had some arguments that the standard was improper. In concluding, Mr. Jambeck said that it was not an entirely clear issue. City Manager David Harden commented that he witnessed the freeze in the late 80's, in Central Florida and the impact of the Citrus Industry in that area. Rural counties, that had anywhere from 30% to 50% of their tax roll producing citrus groves, and something happens to -3- Minutes of 03-12-01 wipe that industry and it has a great economical impact. People were concerned about the effect on their homes and losing trees; however, Mr. Harden pointed out that the impact on the communities, which rely on the citrus for a livelihood is much greater. He also feels that litigation has facilitated the spread of the disease. In conclusion he thinks that something needs to be done to help folks in getting trees replanted, at the appropriate time, however, he had strong reservations about the City's involvement in this case. Commissioner Schwartz moved that we file the proposed complaint, seconded by Commissioner Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Prior to the vote, the Commission had the following discussion. ,- Commissioner Pat Archer pointed out that the older community was particularly affected by the removal of the citrus trees. She explained that these neighborhoods could easily be on the borderline situation between properties increases and decreases. The removal of a substantial amount of tree canopy could seriously affect property values, and also affect air conditioning and electrical costs. Mrs. Archer pointed out that this could have a serious impact on older communities and our residents that can ill afford these additional costs. The City of Delray Beach should be looking for ways to secure grants for tree replacements, and have an awareness of what a quarantine period is for replacement of the citrus trees. She further added that it could be done as a twofold approach: one for the immediate replacement of tree canopy; and one, down the road, for replacement of citrus trees. Mrs. Archer expressed her concern of a greater spread if prompt actions were delayed, but that she was also concerned about violating the citizens' rights. She emphasized that time was of the essence in whatever action the City decides to take. Commissioner Perlman suggested that in addition to the complaint, the City of Delray Beach should pursue a countywide ordinance for decontamination efforts. Mr. Perlman further said that should the City not succeed in court, they should look for additional 'compensation. After the vote, Attorney Susan Ruby asked the City Commission for direction as to whether the City of Delray Beach should contact other cities. Mayor Schmidt replied that now that Commission had made a decision, staff should contact the City of Boca Raton. He noted that he would seek support from the Palm Beach County League of Cities. City Attorney Susan Ruby then asked if the City was to file on its own behalf, or if the City was to intervene in the lawsuit of the Delray Shores and the Rainberry's residents to the extent they are permitted to intervene. Due to the time frame involved, Mrs. Ruby suggested that the City file a separate lawsuit, and then seek the support from other municipalities. Later, City Staff could seek the Commission's authorization to ask other cities to join in the petition for the stay. 8:30 a.m. There being no further business, Mayor Schmidt adjourned the Special Meeting at -4- Minutes of 03-12-01 Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the City Commission Special Meeting held on March 12, 2901, which minutes were formally approved and adopted by the City Commission on ~ c~.O~ ,~.00 / . Acting 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. S/city clerk/minutes 2001/01-03-12 Special Meeting -5- Minutes of 03-12-01