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01-05-99 JANUARY 5, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay'Alperin in the Commission Chambers at City Hall at 6:05 p.m. on Tuesday, January 5, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the amendment to Item 9.E., Special Event Request/Lupus Foundation Health Walk, changing the date of the event from March 6, 1999 to May 1, 1999. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes; Mr. Randolph moved to approve the Minutes of the Regular Meeting of December 1, 1998, and the Minutes of the Regular Minutes of December 8, 1998, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Martin Luther King, Jr. Day - January 18, 1999. Mayor Alperin read and presented a proclamation in recognition of Martin Luther King, Jr. Day which will be observed on January 18, 1999, and urging all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Ameri- cans. Mrs. Lillie M. Strainge, Chairperson, Board of Direc- tors for the Dr. Martin Luther King, Jr. National Holiday Cele- bration in Delray Beach, came forward to accept the proclamation. 7. Presentations: 7.A. City Employees Choice Awards - Delray Art Leaque Gallery at City Hall. Mayor Alperin presented the following awards: Honorable Mention Jane Gould - "Buchart Gardens" Phyllis Eckert - "Dreamy" Lynn Holland - "Midnight Beauty" Carol Belmer - "Iris" George Parella - "Pond Fishing" Donna Steger Fuller - "English Roses" Third Place Sylvia Resnick - "The Beach" Second Place Phyllis Eckert - "Small Boy with Blue Eyes" First Place Louis Blumenthal - "A Walk on the Beach" At the conclusion of the awards, Mayor Alperin ex- pressed his appreciation to all of the contributing artists for display of their works at City Hall. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ I.A.F.F.: Approve and ratify the collective bargaining agreement between the City and the Professional Fire Fighters and Paramed- ics of Delray Beach, Local 1842, I.A.F.F., for the period October 1, 1997 through September 30, 1999. 8.B. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Supervisor of Elections to handle and canvass absentee ballots for the March 9, 1999, municipal election, and represent the City at the requisite logic and accuracy tests. 2 /05/99 8.C. INITIATION OF CORRECTIVE REZONING/ST. VINCENT FERRER CHURCH/SCHOOL: Initiate a corrective rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) District for the southern half of the St. Vincent Ferrer Church/School property (Lots 4-8 of Martha's Vineyard Plat), located at the southwest corner of George Bush Boulevard and Palm Trail. 8.D. AUTHORIZATION TO PROCEED/SIX YEAR PERFORMANCE MONITOR- ING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning and Engineering, Inc. to proceed with the Six Year Performance Monitoring Study of the beach nourishment project at a cost not to exceed $33,487; with funding from the Beach Resto- ration Fund (332-4164-572-31.30). The majority of the cost will be reimbursed from federal, state and county appropriations. 8.E. RESOLUTION NO. 1-99 (AUTHORIZING ACQUISITION AND ACCEPTANCE OF ASSIGNMENT AGREEMENT/PATTERSON PROPERTY): Approve a resolution authorizing the acquisition of the Patterson property located on N.E. 3rd Avenue adjacent to the F.E.C. Railroad between N.E. 15th and 16th Streets, and accept the assignment agreement from the Community Redevelopment Agency to purchase the property for $30,000, with funding from 448-5411-538-61.10 (Stormwater Utility - Land Acquisition Costs). The caption of Resolution No. 1-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED ON N.E. 3RD AVENUE ADJACENT TO THE F.E.C. RAILROAD BETWEEN N.E. 15TH STREET AND N.E. 16TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCOR- PORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AND AUTHORIZING THE CITY TO EXECUTE AN ASSIGNMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF DELRAY BEACH FOR SAID PROPERTY; PROVIDING AN EFFEC- TIVE DATE. (The official copy of Resolution No. 1-99 is on file in the City Clerk's office.) 8.F. RESOLUTION NO. 70-98 (ABANDONMENT OF A PORTION OF QUEENS AVENUE AND ACCEPTANCE OF EASEMENT DEED}: Approve a resolution vacating and abandoning a portion of the right-of-way for Queens Avenue lying on the east side of Wallace Drive, north of Linton Boulevard, based upon positive findings, and accept an easement deed for existing utilities° 3 1/05/99 The caption of Resolution No. 70-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS SHOWN ON THE PLAT OF SANDS O'SEA, RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, REMAINING AFTER THE PARTIAL ABANDON- MENT IN CITY OF DELRAY BEACH RESOLUTION NO. 42-93, RECORDED IN OFFICIAL RECORDS BOOK 8173 AT PAGE 659, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DE- SCRIBED HEREIN; SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC UTILITIES. (The official copy of Resolution No. 70-98 is on file in the City Clerk's office.) 8.G. RESOLUTION NO. 2-99 (SUPPORT FOR RESTUDY OF CENTRAL AND SOUTHERN FLORIDA PROJECT): Approve a resolution supporting the restudy of the water management system in Central and Southern Florida, and requesting that the State of Florida approve a Preservation 2000 successor program to provide funds to purchase land for restudy projects. The caption of Resolution No. 2-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE RESTUDY OF THE WATER MANAGEMENT SYSTEM IN CENTRAL AND SOUTHERN FLORIDA, AND REQUESTING THAT THE STATE OF FLORIDA APPROVE A PRESERVA- TION 2000 SUCCESSOR PROGRAM TO PROVIDE FUNDS TO PURCHASE LAND FOR RESTUDY PROJECTS. (The official copy of Resolution No. 2-99 is on file in the City Clerk's office.) 8.H. RESOLUTION NO. 3-99: Approval a resolution authorizing the Community Redevelopment Agency to acquire by gift, purchase or eminent domain certain real property described as Lot 9, Revised Plat of Block 36 (Rolle property). The caption of Resolution No. 3-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. --4-- 1/05/99 (The official copy of Resolution No. 3-99 is on file in the City Clerk's office.) 8.I. RESOLUTION NO. 4-99: Approve a resolution assessing costs for abatement action required to remove nuisances on fourteen (14) properties throughout the City. The caption of Resolution No. 4-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 4-99 is on file in the City Clerk's office.) 8.J. SERVICE AUTHORIZATION #4/SLATTERY & ROOT ARCHITECTS (PARKS MAINTENANCE COMPOUND EXPANSION): Approve Service Author- ization #4 in the amount of $21,150.00 with Slattery & Root Architects for the development of a master plan and contract documents for the building expansion and site improvements at the Parks Maintenance compound, with funding from 334-4131-572-62.10 (General Construction Fund - Parks & Recreation/Buildings). 8.K. ACCEPTANCE OF EASEMENT DEED & RIGHT OF ENTRY ~ LICENSE AGREEMENT WIT~ FEITKEN-~AUER (W~ITE DRIVE): Accept an easement deed for a ten foot drainage easement and approve a right of entry and license agreement with Thomas and Evy Feitken- hauer, 1024 White Drive, to facilitate completion of the Rhodes Villa Avenue and White Drive drainage improvements project. 8.L. ACCEPTANCE OF EASEMENT DEED & RIGHT OF ENTRY AND LICENSE AGREEMENT WITH MURRAY (R~ODES VILLA AVEICUE): Accept an easement deed for a ten foot drainage easement and approve a right of entry and license agreement with Christine Murray, 1015 Rhodes Villa Avenue, to facilitate completion of the Rhodes Villa Avenue and White Drive drainage improvements project. -5- 1/05/99 8.M. LICENSE AGREEMENT FOR USE OF POMPEY PARK BY DELRAY BEACH ACADEMY, INC.: Approve a license agreement with Delray Beach Academy, Inc. for the use of facilities at Pompey Park to accommodate a charter school for at-risk youth, for the term January 15, 1999 through June 15, 1999. 8.N. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT/ BOYS & GIRLS CLUBS: Authorize the execution of a subrecipient funding agreement with the Boys & Girls Clubs of Palm Beach County, Inc. under the Community Development Block Grant {CDBG) program for FY 1999, with funding in the amount of $50,000 from various accounts within the CDBG fund. 8.0. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT/ HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.: Authorize the execution of a subrecipient funding agreement with Housing Opportunities Project for Excellence (HOPE), Inc. under the Community Development Block Grant (CDBG) program for FY 1999, with total funding in the amount of $2,000 from various accounts within the CDBG fund. 8.P. AMENDMENT #3 TO CENTER BASED CHILD CARE AGREEMENT WITH SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve Amendment #3 to the Center Based Child Care Agreement with the School District of Palm Beach County which adds Pine Grove School of the Arts as the fourth after care provider site for the 1998/99 school year. 8.Q. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $43,850.00 for three (3) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). 8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 7th through December 31, 1998. 8.S. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the total amount of $62,937.00 to Government Technologies Services, Inc., via GSA contract, for the purchase of twenty-seven (27) Panasonic CF-25 laptop computers for the Police Department, with funding from 001-2111-521-64.90 (Problem Solving Grant 96~Project #97-59). 2. Grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $21,857.21 to Dakota Construction, Inc. for the rehabilitation of an owner occupied single family housing unit at 216 S.E. 1st Avenue, with funding from 118-1924-554-49.19 (SHIP/Housing Rehabilita- tion). -6- 1/05/99 3. Bid award in the amount of $190,425.00 to B&B Properties, Inc. for construction of the N.E. 7th Avenue Water Main Improvements project, with funding from 442-5178-536-63.50 (W/S Renewal & Replacement - Water Line Upgrades). This is portion of the East 7th Avenue water main improve- ments called for in the 1992 Water Distribution System Master Plan. 4. Bid award in the amount of $48,010.00 to Gilmore Electric Co., Inc. for the construction of new lighting for the parking lot located behind Hand's and south of N.E. 1st Street, with funding from 334-3162-541-63.15 (General Construction Fund - Downtown Parking Lots). Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/MIL-ATLAnTIC A.L.F.: Consider a request for conditional use approval to allow the establishment of an Assisted Living Facility (ALF) and an Adult Day Care for a project known as Mil-Atlantic A.L.F. The subject property in- volves two parcels of land that are separated by the L-34 Canal, located on the west side of Military Trail, approximately 650 feet south of West Atlantic Avenue and immediately south of Pines West Plaza. It is zoned RM-8 (Medium Density Residential - 8 units per acre). QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that this proposal involves two parcels of land that were annexed into the City at separate times, but now they are being combined as one development. The Lake Worth Drainage District Canal L-34 sepa- rates the two parcels and they will be connected internally by a bridge over that canal. The proposed use is a facility that provides several different living arrangements for people of varying levels of dependency and also will include an adult day care center. The Planning and Zoning Board considered the proposal at a public hearing on December 21, 1998, and voted -7- 1/05/99 unanimously to recommend approval subject to the following conditions: (1) That the ALF be limited to 230 beds and the Adult Day Care to 70 patients; (2) That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan, except where modified along the south and west borders to preserve existing trees; (3) That a 24 ft. wide road easement that does not contain any back-out parking be provided along the north property line; and (4) That a wall be provided along the north, south and west property lines where it abuts the single family subdivi- sions, and that the applicant work with staff to provide appro- priate landscaping along the wall. Ms. Dominguez further stated staff is recommending at this time that condition (3) pertaining to the provision of a 24 ft. wide road easement that does not contain any back-out parking along the north property line be amended to require a thirty foot (30') easement as it is felt this will work better and the applicant have agreed to this change. She stated that the reason for the easement is to provide access to the neighborhood that is immediately to the west of the subject property. It is in a County pocket right now with their only access off of West Atlantic Avenue through the shopping center. It is a bad situa- tion which will be helped somewhat by the easement dedicated through the Mil-Atlantic A.L.F. project. Michael Corelli, Caulfield & Wheeler, representinq the applicant, stated that all of the comments and conditions have been discussed with staff and the applicant concurs with and agrees to these stipulations, including the change to 30 feet for the road easement. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mayor Alperin requested clarification that the existing billboards on the property will be removed and will not be replaced. For the record, Mr. Covelli stipulated that the bill- boards will be removed from the site when construction begins on the project. Mr. Schmidt moved to approve the Conditional Use request to establish an ALF and Adult Day Care for Mil-Atlantic ALF based upon positive findings with respect to Chapter 3 8 1/05/99 (Performance Standards), Section 2.4.5(E) (5) of the Land Develop- ment Regulations, and the policies of the Comprehensive Plan, and subject to the conditions recommended by the Planning and Zoning Board, with condition (3) modified to require a thirty foot (30') wide road easement instead of a 24 ft. wide road easement. The motion was seconded bY Mrs. Archer. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR TENT PERMIT/FIRST PRESBYTERIAN CHURCH: Consider a request from the First Presbyterian Church for a temporary use permit to erect a tent on the church parking lot at 33 Gleason Street from January 22nd through February 16, 1999, for the purpose of holding a rummage sale. Regie E. Moorcroft, Chairman of the Church Improvement Committee, explained that the rummage sale itself will only be held on two days, February 12-13, 1999, from 9:00 a.m. to 3:00 p.m. The sale is a big fund raiser for the church and is normal- ly held in the Fellowship Hall. This year, however, the Fellow- ship Hall is being renovated and cannot be used, so this is a one-time request. The tent would be located on a lot that is on the west side of Bronson Street which is surrounded by three properties that are owned by the church and can barely be seen from Atlantic Avenue. Ms. Moorcroft stated the initial request was to allow the tent to be set up for three weeks to allow enough time to prepare for the sale. However, in speaking with her workers, they felt the work could probably be done in a two week period if the three weeks is a concern. If two weeks is approved, the Church would like to have the tent set up during the period from Monday, February 1st to Monday, February 15, 1999. After discussion, Mr. Randolph moved to approve the request for a temporary use permit to erect a tent at the First Presbyterian Church for a period not to exceed two (2) weeks as a one time only approval for the specified purpose in view of the extenuating circumstances. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR WAIVER AND TEMPORARY USE PERMIT/TRINITY LUTHERAN CHURCH: Consider a request from Trinity Lutheran Church to waive LDR Section 2.4.6(H) (1) and authorize a temporary use permit to allow six camping trailers to be placed on the church's property for approximately five to six months. Bob Miller, representative for Trinity Lutheran Church, presented an overview of the request to allow six camping trail- ers to be parked on the church's property for about five to six months. During this time they will be occupied by Laborers for 9 1/05/99 Christ, a volunteer organization which will assist in building Emmanuel Lutheran Church for the Haitian community. He noted that the proposed location on the campus is interior to the site abutting vacant land to the north and is screened from view by very large trees and other undergrowth plant materials. Further, they will be far enough into the interior of the site so as to be barely visible from Lake Ida Road. In response to a question from Mrs. Archer as to sanitary connections, Mr. Miller stated that sanitary sewer service will be from an aboveground septic tank that will be pumped weekly. The tank will be located in the same general location on the church campus as the trailers. Pastor Scott ~ress, Trinity Lutheran Church, stated that the church congregation supports this request to allow the Laborers for Christ trailers to park on the church property while construction is ongoing for the Emmanuel Lutheran Church. Pastor Edward Jean, Emmanuel Lutheran Church, expressed his thanks and appreciation to the City Commission for all of their past support and asked that the current request be favor- ably considered to help make the church become a reality. Mr. Ellingsworth moved to approve the request to waive LDR Section 2.4.6(H) (1) and authorize a temporary use permit for Trinity Lutheran Church to allow six camping trailers to be placed on the church's property for approximately five to six months. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request from the Joint Venture for special event approval for the January 28, 1999, Art & Jazz, including tempo- rary use permits for street closures, staff support, use of City equipment, specified overtime costs, and use of pedi-cabs during the event. Robert A. Barcinski, Assistant City Manager, presented a brief overview of the request. In addition to the usual activities associated with Art & Jazz, since it is scheduled during Super Bowl week, Mr. Barcinski stated there is a good chance there will be a parade with this event, starting at 6:00 p.m. at The Marriott and coming west to Swinton Avenue. It is hoped that retired football players such as Jim Kiick, Paul Warfield and Mercury Morris will participate, and there are also plans for some side street 'throw the football' contests. He noted that this has not been firmed up and so was not included in the formal request. However, Mr. Barcinski was comfortable that it can be dealt with if it does occur. -10- 1/05/99 Mr. Schmidt moved to approve the special event request for the January 28, 1999, Art & Jazz on the Avenue, subject to the staff recommendations. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST/LUPUS FOUNDATION HEALTH WALK: Consider a request from the Lupus Foundation of America Southeast Florida Chapter for special event approval to hold a health walk on May 1, 1999, including temporary use permit, staff support, parking fee waiver and 50/50 split of overtime costs. Robert A. Barcinski, Assistant City Manager, noted that the Lupus Foundation called yesterday and requested a date change for the health walk from March 6th to May 1, 1999. The 5K walk route will be the certified route used by Parks and Recreation for the annual Turkey Trot. Set-up will be at Anchor Park with the walk proceeding south on Gleason Street to Casuarina Road, east to A1A, north to George Bush Boulevard and then back to Anchor Park. While the event will use the sidewalk along A1A for a good portion of the route, some barricading and traffic control will be needed. The maximum estimated overtime is $2,000.00. Inasmuch as this event is a fundraiser for the Lupus Foundation, Mr. Barcinski stated staff recommends approval of the request, including the temporary use permit, staff support, the parking fee waiver at Anchor Park and splitting the overtime costs, provided that liability insurance and a hold harmless agreement acceptable to the City Attorney are provided. Mrs. Archer moved to approve the special event request for the Lupus Foundation Health Walk as recommended by staff. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. SETTLEMENT/WILMA HUNT V. OFFICER CAGNINA: Consider settlement of the referenced matter as recommended by the City Attorney. The City Attorney stated this is a lawsuit arising out of an event that occurred in January, 1998, regarding a noise disturbance. There was an arrest made and a suit was filed against the City in State Court alleging a constitutional viola- tion. If the Plaintiff were to prevail, the City would have to pay Plaintiff's damages and attorney's fees. There is now a negotiated settlement offer in the amount of $10,000 which the City Attorney recommended be accepted. Mr. Schmidt moved to approve the settlement as recom- mended in the amount of $10,000.00. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: -11- 1/05/99 Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1999. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to appoint Elaine H. Morris to the Planning and Zoning Board to fill an unexpired term ending August 31, 1999. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point, the time not yet being 7:00 p.m., the City Commission moved to Item 11 on the agenda. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings: 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated there were no prior public comments or inquiries requiring responses. 11.B. From the Public. 11.B.1. Mary Alford, 31 N.W. 14th Avenue, stated she is not receiving the trash collection service from BFI that she feels she deserves. While her household trash is being picked up according to the weekly schedule, she has had problems with vegetative waste and tree trimming collection with trash piles sometimes sitting out for weeks at a time. She stated she has called in to complain about the service in her area, but so far nothing seems to have helped with the problem. 11.B.2. Gerald DeFoe, 142 Mockingbird Lane (Country Manors), stated that the County Commission will be addressing the Agricul- tural Reserve issue on Thursday, January 7th. The Progressive Residents of Delray (PROD) request that the City Commission ask the County Commission to table this matter and ask for some type of a compromise to the proposals they now have before them to see if some form of referendum might be submitted to the citizens for the public's approval or disapproval. With respect to the issue of school concurrency, Mr. DeFoe stated there is currently under consideration a new plan (which is actually nothing more than an old plan rehashed) for school concurrency. Except for eleven smaller municipalities that do not have any direct impact on student stations, this plan requires that all other municipalities within the county must -12- 1/05/99 approve of any plan on school concurrency that is proposed. Mr. DeFoe continued that the members of PROD have reviewed and endorsed the Education Board's recommendation to the School Board, which the City Commission has also endorsed. PROD also encourages the City Commission to go along with the present school concurrency. It is not perfect, but it is a start and will be of great assistance in holding up development until a school can be in place. Mr. DeFoe encouraged the Commission's adoption of this school plan, noting that negativity on the part of municipalities has been a stumbling block to approval of any school concurrency in the past. ll.B.3. Rose Jackson, 318 N.W. 12th Avenue, expressed concern about a driveway reconstruction project that was supposed to take place in her neighborhood. When the contractor came on site, she was advised that the work would only involve the swales even though she had been told that her driveway would also be done. Ms. Jackson stated she discussed the situation with Lula Butler on several occasions, but Ms. Butler determined that the driveway reconstruction was not necessary and so only the swale was done. Ms. Jackson felt that staff had been most uncooperative and non-communicative about the situation. She had received only one call back from the City Manager since the beginning of the problem in October, 1998, although the City Manager also came out to take a look. She stated he told her he would get back with her in one week and it is not yet one week; however, she would like some answers. In response, the City Manager stated that his secretary had left a message with Ms. Jackson advising her that staff was looking for pictures that were taken at the beginning of the project. He did see a note from Mrs. Butler last week that she had been unable to find the pictures, and apologized to Ms. Jackson for not having gotten back with her sooner. Nonetheless, the City Manager stated that without any pictures he had no basis for overriding Mrs. Butler's and Mr. Sanzone's decision in the matter. Ms. Jackson responded that it is not her fault the pictures were lost. She stated she was approved for having her driveway reconstructed as part of the project and asked that the situation be reevaluated and reconsidered. ll.B.4. Josh Smith, Jr., 3616 Avenue De Gien, read the follow- ing statement: "For the third time within the last four months I made a written request to address the full Commission as an agenda item and for the third time I was denied the opportunity to do so. As usual, I was told that I could speak on the sub- jects under public comments on non-agenda items as if there is not a difference in being limited to three minutes and no re- sponse from the full Commission. One of the agenda items that I wanted to speak on concerned a contingent of individuals consist- ing of our honorable Mayor, our honorable City Manager, the head of the Chamber of Commerce and the head of Mad Dads proceeding to -13- 1/05/99 the home office of The Sun Sentinel in Fort Lauderdale for the express purpose of lodging a complaint against a black news reporter and demanding that the reporter be removed from his position of reporting City news because someone did not like the way he was reporting the news. I assumed that since two of these individuals sit exactly where you all are sitting at every Commission meeting, that this action was taken with the knowledge and consent of the full Commission. Therefore, I felt it was appropriate if I requested a response from the full Commission on the reason that this was happening. Obviously that was an inaccurate assumption on my part. If it was inaccurate, then it appears that these individuals are using the influence of their positions to do harm to another person. I simply wanted to know if inaccurate information had been reported by this news reporter and, if so, what was the inaccurate information? I felt this would have been a simple request to the Commission unless the Commission or the contingent of individuals involved had some- thing to hide. The Mayor and City Manager have a right to not like what I or anyone else may relate to them, but they don't have the right to stifle our First Amendment rights and try to deny our right to say it. With no malice intended, I get the impression that ours is more of a dictator-type of government with the Mayor and City Manager dictating what one may say to the Commission and dictating the circumstances under which one may relate concerns to the full Commission. This does not appear to be a government of the people, by the people and for the people. It seems, more or less, a government of the Mayor, by the Mayor and for the Mayor. If you want to exempt us from paying taxes, we'll gladly bow out and express no more concerns. But as long as you mandate that we pay taxes, we won't be going away anytime soon. And as long as we feel that there are injustices, inequi- ties and disparities, we'll continue to speak out on those issues." Dr. Smith continued, "My second request was that the full Commission no longer contribute taxpayers dollars to the Mad Dads Inc., a supposed non-profit organization, because those taxpayer dollars are being spent in an irresponsible manner when one considers what the organization states as its objectives, which is geared toward community programs. I requested and received their audit reports for the last two fiscal years and this is what the last audit report reflected. From January 1998 through February 1999, the amount of funds ...". At this point, the three minute timer sounded. Mayor Alperin asked Dr. Smith to sum up and conclude his statement. Dr. Smith asked that a copy of his prepared statement with respect to Mad Dads be distributed to each member of the City Commission. A copy of said statement is attached hereto and made a part of these minutes. There being no one else who wished to address the City Commission, the public comments portion of the agenda was closed. 1/05/99 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-99: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge applicable to Medicare services and fee schedules. If passed, a public hearing will be scheduled for January 19, 1999. The City Manager presented Ordinance No. 1-99: 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 ANNUAL INFLATION INDEX CHARGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt moved to approve Ordinance No. 1-99 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 2-99: An ordinance rezoning a parcel of land located on the north side of Southridge Road, between South Swinton Avenue and S.W. 4th Avenue, from RO (Residential Office) District, in part, and R-1-A (Single Family Residential) Dis- trict, in part, to CF (Community Facilities) District. If passed, a quasi-judicial public hearing will be scheduled for January 19, 1999. The City Manager presented Ordinance No. 2-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (RESIDEN- TIAL SINGLE FAMILY) DISTRICT, IN PART, AND RO (RESIDENTIAL OFFICE) DISTRICT, IN PART, IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF SOUTHRIDGE ROAD BETWEEN SOUTH SWINTON AVENUE AND S.W. 4TH AVENUE, AS MORE PARTICULARLY -15- 1/05/99 DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance° Mr. Randolph moved to approve Ordinance No. 2-99 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-agenda Items: 13.A. City Attorney. The City Attorney had no comments or inquiries. 13.B. City Manager. In response to Commissioner Schmidt's previous inquiry about Military Trail median landscaping, the City Manager report- ed that at the last Mayors and Managers meeting held by County Commissioner McCarty, she indicated that $1,000,000 was being set aside in her district for beautification of County roads. There is a funding source for this purpose, and the City Manager felt that the City could probably join with some of the associations along Military Trail and request that Commissioner McCarty and Commissioner Aronson work together to get some landscaping done in the Military Trail median. The City Manager further stated that he had received a letter on December 31st from the Community Redevelopment Agency and asked for direction from the Commission on it. Dharma Holdings proposes to construct a temporary parking lot on the properties at S.W. 1st Avenue and 1st Street owned by the CRA and Palm Beach County. The lot would support the parking needs of two projects in the area, The Rectory and The Sundy House, and as a public service increase the public parking supply, especially for tennis center, Chamber of Commerce and other cultural events. What the CRA needs the City to do is to approach the County about a short term lease on the part of the property owned by the County. The City Manager asked if there was any objection from the City Commission on staff starting to work on this? The City Commission had no problem with the proposal. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. -16- 1/05/99 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 49-98: An ordinance annexing Lot 61, Second Addition to Country Club Acres, located on the north side of Jefferson Road approximately 100 feet east of Military Trail and 600 feet south of Atlantic Avenue; providing for a small scale Future Land Use Map amendment from County MR-5 (Medium Density Residential 5 dwelling units/acre) to City General Commercial; and establishing initial zoning of GC (General Commercial) District for Boca Delray Animal Hospital. Prior to consideration of passage of this ordinance on Second and FINAL hearing, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING (AS TO ZONING) 10.A.1. CONDITIONAL USE REQUEST/EXPANSION OF BOCA DELRAY ANIMAL HOSPITAL: Consider a request for conditional use approval to allow the expansion of a veterinary clinic for Boca Delray Animal Hospital, located at the northeast corner of Military Trail and Jefferson Road. QUASI-JUDICIAL PROCEEDING The City Manager presented Ordinance No. 49-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 61, SECOND ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO THE PLAT THEREOF, LOCATED ON THE NORTH SIDE OF JEFFERSON ROAD, APPROXIMATELY 100 FEET EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DE- SCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated that consideration of Items 10.A. and 10.A.1. will be conducted as a quasi-judicial proceeding which allows for presen- tations by all involved parties, the admission of documents into the record and public testimony. -17- 1/05/99 The City Clerk swore in those individuals who wished to give testimony on Items 10.Ao and 10.A.1. A quasi-judicial 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 Alperin declared the public hearing open. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the proposal involves the expansion of an existing veterinary clinic (Boca Delray Animal Hospital) which has been at this location for many years and has co-existed quite well with the nearby residen- tial neighborhood. The Planning and Zoning Board considered the request for annexation, small scale Future Land Use Map amendment and initial zoning of GC (General Commercial) at a public hearing on November 16, 1998, and voted unanimously to recommend approval based upon positive findings with respect to Chapter 3 (Perfor- mance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. At the same meeting, the Planning and Zoning Board also considered the request for conditional use approval and voted unanimously to recommend approval, based upon positive findings and subject to the following conditions: (1) That a site plan be processed that is in general conformance with the sketch plan, with the exception of dumpster and parking issues which are to be resolved at time of site plan approval; (2) That the hours of operation remain 7:30 a.m. to 6:00 p.m., Monday through Saturday; (3) That a six foot (6') high CBS wall be provided along the east property line along with the required landscaping for buffering purposes, and if the wall and landscaping cannot be placed in the easement, that they be located west of the ease- ment; (4) That trees twenty-five feet (25') on center to form a solid tree line be provided along the south property line; (5) That documentation is provided verifying the easement holder and that the proposed improvements within the easement are acceptable; (6) That the boarding aspects of the business not be expanded; and (7) That a floor plan be provided verifying the existing square footage of the kennel area, and that the kennels be located to the north side of the building to help mitigate any impacts of noise on the adjacent single family home. -18- · 1/05/99 In conclusion, Ms. Dominguez placed into the record three (3) letters just received from the applicant from residents on Jefferson Road in support of the proposed applications. Beril Kruqer, agent for the property owner, asked for consideration to leave the existing door on the east side of the building. Beyond that, he stated the applicant does not have any problems with the recommended conditions of approval. Ira Gottlieb, 4956 Jefferson Road, stated he supports the proposed expansion of the animal hospital. The facility has always been a good neighbor and the property is maintained very nicely. Mr. Gottlieb inquired as to who has maintenance respon- sibility for that part of Jefferson Road in front of the veteri- nary clinic? The rest of Jefferson Road is under County mainte- nance and periodically has potholes filled in, but the piece in front of the animal hospital is not maintained at all. Mr. Gottlieb stated he had called the City about taking care of this part of the road, but was told that the road is still in the County and not maintained by the City. In response, the City Manager stated that the City never annexed the right-of-way which is still in the County; however, to be sure, he would doublecheck it. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 49-98 on Second and FINAL Reading, based upon the findings and recommenda- tion of the Planning and Zoning Board. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve the conditional use request to expand the veterinary clinic for Boca Delray Animal Hospital based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) of the Land Develop- ment Regulations and the policies of the Comprehensive Plan, and subject to the recommended conditions of approval. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 50-98: An ordinance amending LDR Section 4.6.16, "Landscape Regulations", regarding the types of plant materials that can be located within utility easements. 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. -19- /05/99 The City Manager presented Ordinance No. 50-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16, "LANDSCAPE REGULATIONS", SUBSECTION 4.6.16(A), "PURPOSE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR PROPER TREE SELECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS; AMENDING SUBSECTION 4.6.16 (D) , "SITE DESIGN REQUIREMENTS" , BY ENACTING SUBPARAGRAPH 4.6.16(D) (4), "TREE SELECTION ADJACENT TO OR WITHIN UTILITY EASEMENTS", TO PROVIDE FOR RESTRICTIONS ON TREES PLANTED ADJACENT TO OR WITHIN UTILITY EASEMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-98 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to speak on the ordinance, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 50-98 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 51-98: An ordinance amending Chapter 39, Returned Check Service Charge", of the City Code by making changes to the City's returned check policies. Prior to consid- eration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 51-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 39, "RETURNED CHECK SERVICE CHARGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 39.01, "SERVICE CHARGE FOR RETURNED CHECKS" TO SET THE FEE FOR RETURNED CHECKS AT TWENTY DOLLARS OR FIVE PERCENT OF THE FACE VALUE OF THE CHECK, WHICHEVER IS GREATER, AND TO PROVIDE FOR DISCRETIONARY LANGUAGE ALLOWING FOR -20- 1/05/99 EXTENUATING CIRCUMSTANCES TO BE CONSIDERED REGARDING RETURNED CHECKS; REPEALING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.02, "SERVICE CHARGE FOR RETURNED CHECKS ON UTILITY BILL FOR WATER AND SEWER SERVICE", AND CHAPTER 51, "GARBAGE AND TRASH", SECTION 51.76, "COLLECTION CHARGE FOR RETURNED CHECKS", AS BEING UNNECESSARILY DUPLICATIVE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 51-98 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to speak on this ordinance, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 51-98 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 52-98: An ordinance amending Chapter 52, "Water", Section 52.39(H), "Fee for Maintenance of Improvements within Right-of-Way", of the City Code to provide for an in- creased fee to cover the actual cost of water consumption. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 52-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", SECTION 52.39, "OTHER FEES", SUBSECTION 52.39(H) "FEE FOR MAINTE- NANCE OF IMPROVEMENTS WITHIN RIGHT-OF-WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASED FEE TO COVER THE ACTUAL COST OF WATER CONSUMP- TION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-98 is on file in the City Clerk's office.) -21- 1/05/99 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to speak on this ordinance, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 52-98 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth Yes; Mr. Randolph No; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 1 vote. At this point, the Commission returned to Item 13.C. on the agenda. 13. Comments and Inquiries on Non-Aqenda Items. 13.C. City Commission. 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Ellinqsworth had no comments or inquiries. 13.C.4. Commissioner RandolDh had no comments or inquiries. 13.C.5. Mayor Alperin stated that the City Manager responded by letter to Dr. Smith's request concerning the issues brought up again this evening by Dr. Smith. The Mayor stated he felt the response was explicit and satisfactory. He agreed with it and felt it unnecessary to make any further comments at this point. At this point, since the matter of school concurrency had been discussed earlier in the meeting, the City Manager stated that he and the Mayor are supposed to meet with Mr. Noble at noon on Friday, January 8th, on this issue. The City Manager commented it will probably be scheduled for a work session in the near future to go over the whole plan. Prior to adjournment, Mayor Alperin asked if there were any additional comments from the public from anyone who may not have been present at the meeting prior to 7:00 p.m.? There were no additional comments from the public. There being no further business, Mayor Alperin declared the meeting adjourned at 7:15 p.m. JCity-Cl~rk r -22- 1/05/99 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of January 5, 1999, which minutes were formally approved and adopted by the City Commission - - City C~rk NOTE TO RE~ER: If the minutes you have received are not com- pleted 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. -23- 1/05/99 SUBMITTED BY JOS? IMITH, JR., ED.D., AT THE .~UARY 5, ..1999, REGULAR CITY COMMISSION MEETING MY 2ND REQUEST WAS THAT THE FULL COMMISSION NO LONGER CONTRIBUTE TAXPAYERS DOLLARS TO MAD DADS INC. (A SUPPOSED NON-PROFIT ORGANIZATION), BECAUSE THOSE TAXPAYERS' DOLLARS ARE BEING SPENT IN AN IRRESPONSIBLE MANNER, WHEN ONE CONSIDERS WHAT THE ORGANIZATION STATES AS ITS OBJECTIVES, WHICH IS GEARED TOWARD COMMUNITY PROGRAMS. I REQUESTED AND RECEIVED THEIR AUDIT REPORTS FOR THE LAST TWO FISCAL YEARS AND THIS IS WHAT THE LAST AUDIT REPORT REFLECTED: FROM JANUARY 1998 THROUGH FEBRUARY 1999, THE AMOUNT OF FUNDS (TAXPAYERS' DOLLARS) CONTRIBUTED TO MAD DADS WERE $73,776.00. OF THIS AMOUNT, ~53,250 WERE USED FOR SALARIES OF TWO FULL TIME POSITIONS. THAT'S 72% OF TAXPAYERS' MONEY. ~Hi,126 WERE USED FOR COMMUNITY PROGRAMS WHICH IS USTED AS THEIR PRIMARY OBJECTIVE. THAT'S ONLY 8.3% OF THE FUNDS DELRAY CONTRIBUTES. THIS MEANS THAT ALMOST 800% MORE OF TAXPAYERS DOLLARS ARE BEING USED FOR SALARIES OF TWO INDIVIDUALS THAN FOR COMMUNITY PROGRAMS. THE ORGANIZATION IS .NON-P..ROFIT IN NAME ONLY, BUT ITS EXTREMELY PROFITABLE FOR TWO INDIVIDUALS. IF THE CITY WANTS TO PAY THESE INDIVIDUALS THESE EXORBITANT SALARIES, I SUGGEST THAT THE CITY EMPLOY THEM AND LET THEM EARN THEIR MONEY UKE MOST OTHER CITIZENS, RATHER THAN SIMPLY GIVE IT TO THEM UNDER THE FACADE OF BEING A NON-PROFIT ORGANIZATION. .THIS COULD GIVE THE IMPRESSION THAT THE CITY IS SIMPLY PAYING MAD DADS FOR ITS COOPERATION IN ENHANCING THE PERCEPTION OF RACIAL UNITY. THEY DO 2-3 MARCHES A .YF~.R AND SING AT 2-3 AFFAIRS,.BUT THEY DON't COME REMOTELY CLOSE TO AT'rAINING WHAT THEY PROPOSE AS THEIR PRIMARY OBJECTIVE. THERE'S AS MUCH DRUG ACTIVITY OCCURRING ONE OR TWO BLOCKS WEST OF THEIR OFFICE AS ANYWHERE ELSE IN THE CITY. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, THE AMOUNT OF FUNDS CONTRIBUTED TO MAD DADS FROM ALL SOURCES WERE $281,579. OF THIS AMOUNT, $161,319 WERE USED FOR SALARIES OF MAD DADS MEMBERS. THAT'S 57% OF THE TOTAL CONTRIBUTIONS. t~40,O00 WERE USED FOR PROFESSIONAL FEES (WHATEVER THOSE MAY BE). THAT'S 14.45% OF THE TOTAL CONTRIBUTIONS. THEY FINALLY GOT AROUND TO $24,295 WHICH WERE USED FOR COMMUNITY PROGRAMS. AGAIN, THIS IS USTED AS THEIR PRIMARY OBJECTIVE. THAT'S ONLY 8.6% IF THESE ARENq' CLASSIC EXAMPLES OF IRRESPONSIBLE SPENDING OF TAXPAYERS' DOLLARS, THEN I DON't KNOW WHAT POSSIBLY COULD BE, AND THE PUBLIC HAS A RIGHT TO KNOW HOW THEIR TAXES ARE BEING SPENT, AND I DON"r THINK PEOPLE WOULD BE FOND OF THIS. THIS WAS THE BASIS UPON WHICH I WANTED TO MAKE THE REQUEST TO THE FULL COMMISSION, FOR WHICH I WAS DENIED. I WILL IMMEDIATELY MAKE THIS REQUEST AGAIN FOR THE NEXT COMMISSION MEETING, AND IF ITS REJECTED AGAIN, I WOULD HOPE THAT ITS THE CONSENSUS OF THE FULL COMMISSION INSTEAD OF JUST THE MAYOR AND CITY MANAGER.