03-20-12 Agenda Results Regular MeetingMicrosoft Word - 03-20-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting City Commission Meeting Tuesday, March 20, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City
Hall RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be
limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items
under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission
under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on
agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the
start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not
able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record
keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time,
please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent
or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again
address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES 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. 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 Smith at 243-7010, 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. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ***AGENDA
RESULTS***
03/20/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted the applicant requested Item 9.A., Appeal of Site Plan Review
and Appearance Board Action: Delray Inn, Inc. be POSTPONED and Item 9.H., Appointments to the Charter Revision Committee was added to the Regular Agenda by addendum. Approved as amended,
5-0) 5. APPROVAL OF MINUTES: A. February 14, 2012 – Workshop Meeting (Approved, 5-0) B. March 6, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Water Conservation Month
– April 2012 B. Fair Housing America Month – April 2012 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. REQUEST FOR SIDEWALK DEFERRAL/1026
POINSETTIA ROAD: Approve a request to defer the installation of a sidewalk for the south side of Poinsettia Road at 1026 Poinsettia Road. B. LANDSCAPE MAINTENANCE AGREEMENT/SW DELRAY
ONE, LLC: Approve a landscape maintenance agreement with SW Delray One, LLC. to allow the future location of landscape materials within the public right-of-way at Saxena White Corporate
Offices located at 111 S.E. 1st Avenue. C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/WEST CONSTRUCTION, INC./WORTHING PARK IMPROVEMENT PROJECT: Approve Contract Closeout (C.O. No.
1/Final) in the amount of a $3,987.15 decrease and final payment in the amount of $9,583.45 to West Construction, Inc., for completion of the Worthing Park Improvement Project. Funding
is available from 117-4133-572-68.19 (Recreation Impact Fee FD: Other Improvement/Worthing Park Improvement).
03/20/2012 -3 -D. AGREEMENTS FOR LAND SURVEYING CONSULTING SERVICES: Approve Agreements with Avirom & Associates, Inc., Dennis J. Leavy & Associates, Inc., Wantman Group, Inc. and Caulfield
& Wheeler, Inc. for land surveying consulting services. E. RESOLUTION NO. 19-12: LOCAL AGENCY PROGRAM (LAP) AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/FEDERAL HIGHWAY BEAUTIFICATION
PROJECT: Approve Resolution No. 19-12 authorizing the execution of a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the construction of
the Federal Highway Beautification project. F. TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL/PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO): Authorize submitting a Transportation
Enhancement Program Grant Proposal to the Palm Beach Metropolitan Planning Organization (MPO) for the construction of bicycle lanes and sidewalks on Homewood Boulevard from Old Germantown
Road to Lowson Boulevard. G. AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH COUNTY: Approve an Agreement between the City and the Legal Aid Society of Palm Beach County to utilize space and
provide services from the Neighborhood Resource Center (NRC). H. AMENDMENT 001 TO THE FOURTH AGREEMENT/DISASTER RECOVERY INITIATIVE (DRI2)/PALM BEACH COUNTY: Approve Amendment 001 to
the Fourth Agreement between the City and Palm Beach County for the Disaster Recovery Initiative Housing Rehabilitation Program (DRI2) Program, correcting the maximum compensation allowed.
I. SPECIAL EVENT REQUEST/OLD SCHOOL BEERFEST: Approve a special event request for the Old School Beerfest to be produced by Old School Square proposed to be held on April 21, 2012 from
4:00 p.m. to 8:00 p.m., on the grounds of Old School Square and Old School Square Park; and to authorize staff support for security, fire inspection services, event signage and reserved
parking in the Old School Square Garage; contingent upon receipt of a Certificate of Liability Insurance, Alcohol Liability Insurance and Hold Harmless Agreement by April 5, 2012. J.
SPECIAL EVENT REQUEST/15TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 15th Annual Downtown Delray Beach Craft Festival sponsored by Howard
Alan Events, Ltd. to be held May 26 -27, 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic
Avenue north to the south side of the entrance to Atlantic Grove townhomes and use of the Tennis Center parking lot and North parking lot at City Hall; and to provide staff support for
traffic control and security, barricading and fire inspection services.
03/20/2012 -4 -K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 5, 2012 through March
16, 2012. L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to multiple vendors in the amount of $292,104.00 for thirteen (13) replacement vehicles; additional awards going to Emergency
Vehicle Supply in the amount of $26,507.00 for the installation of police lighting and equipment in four (4) Police Department vehicles and to Knapheide Equipment in the amount of $18,570.00
for three (3) truck utility bodies and equipment. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN
REVIEW AND APPEARANCE BOARD ACTION: DELRAY INN, INC.: Consider an appeal of the Site Plan Review and Appearance Board’s decision regarding the Class III site plan modification request
and landscape plan for Delray Inn, Inc., located at 297 N.E. 6th Avenue. (Quasi-Judicial Hearing) (Motion to POSTPONE to April 3, 2012 Regular Commission Meeting, Approved, 5-0) B. WAIVER
REQUESTS/22 N.E. 5TH STREET: Consider approval of two (2) waiver requests to Land Development Regulations (LDR) Section 4.5.1(E)(3)(a)1.c., “Fences and Walls”, to permit a fence measuring
6’ in height within the front setback and Land Development Regulations (LDR) Section 4.6.14(B), “Sight Visibility Triangle Measurements”, to reduce the sight visibility triangle at the
intersection of the driveway with the right-of-way to 6’x6’ on the east side and 10’x8’ on the west side where a 10’x10’ sight visibility triangle is required for the property located
at for 22 N.E. 5th Street. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. RESOLUTION NO. 18-12/CHARTER REVISION COMMITTEE: Consider a resolution
to establish a Charter Revision Committee for the sole purpose of reviewing the City's Charter and formulating recommendations to the City Commission. (Motion to approve Resolution No.
18-12; Approved, 5-0) D. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint five (5) regular members to serve terms ending July 31, 2012 and four (4) regular members
to serve terms ending July 31, 2013 to the Affordable Housing Advisory Committee. Based upon the rotation system, Commissioner Alperin (Seat #2), Commissioner Frankel (Seat #3), Commissioner
Gray (Seat #4) and Mayor McDuffie (Seat #5) will each make two (2) appointments; Commissioner Carney (Seat #1) will make one (1) appointment. (Appointed Regina Hands and approved, 5-0;
appointed Mike Williams and approved, 5-0; appointed Carmelita Smith and approved, 5-0; appointed Perry Rohan and approved, 5-0; appointed Evelyn Dobson and approved, 5-0; appointed
Alberta McCarthy and approved, 5-0; appointed Clifford Durden and approved, 5-0; appointed
03/20/2012 -5 -Colson Zulmar and approved, 5-0 and appointed Susan Sims and approved, 5-0) E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone
2 to serve an unexpired term ending July 31, 2014 to the Neighborhood Advisory Council. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Commissioner
Gray’s appointment was DEFERRED to the April 3, 2012 Regular Commission Meeting) F. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory
Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Daniel Bellante and approved,
5-0) G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to the Financial Review Board to serve an unexpired term ending July 31, 2012. Based upon the rotation
system, the appointment will be made by Commissioner Carney (Seat #1). (Appointed Brian Anderson and approved, 5-0) H. APPOINTMENTS TO THE CHARTER REVISION COMMITTEE: Appoint eleven
(11) members to the Charter Revision Committee. Based upon the rotation system, the appointments will begin with Commissioner Carney (Seat #1), Commissioner Alperin (Seat #2), Commissioner
Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5), with the Mayor also appointing a Chairperson. (ADDENDUM) ((Appointed Kimberly Camejo and approved, 5-0; appointed
David Schmidt and approved, 5-0; appointed Gary Eliopoulos and approved, 5-0; appointed Deborah Dowd and approved, 5-0; appointed Scott Porten and approved, 5-0; appointed Brian Cheslack
and approved, 5-0; appointed Alberta McCarthy and approved, 5-0; appointed Brenda Durden and approved, 5-0; appointed Doak Campbell and approved, 5-0 and appointed Mike Malone and approved,
5-0). Mayor McDuffie’s appointment of the Chairperson was DEFERRED to the April 3, 2012 Regular Commission Meeting) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 05-12: Consider a privately-initiated
Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and a Text Amendment of the Comprehensive
Plan modifying the description of the GC (General Commercial) Future Land Use designation to limit the maximum FAR to 0.46 for a 9.95 acre property located on the southeast corner of
Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) known as Delray Place. (Quasi-Judicial Hearing) (Motion to POSTPONE to April 3, 2012; Approved, 4-1; Commissioner
Frankel dissenting) B. ORDINANCE NO. 12-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, “Establishment of Public Arts Program”, Subsection
(B), “Appropriation of Capital Improvement Project (CIP Funds)”, setting forth the right to use funds as appropriated in the City’s budget. (Motion to approve; Approved, 4-1; Commissioner
Frankel dissenting)
03/20/2012 -6 -C. RESOLUTION NO. 16-12/CONTRACT FOR SALE AND PURCHASE/S.W. 10TH AVENUE AND S.W. 11TH STREET: Consider approval of Resolution No. 16-12, and a contract for sale and purchase,
authorizing the City to sell the property located in the area of S.W. 10th Avenue and S.W. 11th Street to West Corner Venture, LLC for the purchase price of $5,175.00. (Motion to approve
Resolution No. 16-12; Approved, 5-0) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public
comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 09-12: Consider a city-initiated amendment to Land Development Regulations (LDR) Appendix “A”, “Definitions”,
to expand the definition of “Restaurant (Bona Fide)”, to clarify required operations and components for restaurant uses. If passed, a public hearing will be held on April 3, 2012. (Motion
to approve; Approved, 4-1; Commissioner Frankel dissenting) B. ORDINANCE NO. 10-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Appendix “A”, “Definitions”,
to provide a definition of “Delicatessen”, Section 4.6.9, “Off-Street Parking Regulations”, and Article 6.3, “Use and Work in the Public Right of Way”, Subsection 6.3.3, “Sidewalk Café”,
to provide a definition, clarify required parking, and to clarify the characteristics of a Delicatessen. If passed, a public hearing will be held on April 3, 2012. (Motion to approve;
Approved, 5-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 16, 2012 ****** Meeting adjourned at 9:18 p.m. ******
03/20/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted the applicant requested Item 9.A., Appeal of Site
Plan Review and Appearance Board Action: Delray Inn, Inc. be POSTPONED and Item 9.H.,
Appointments to the Charter Revision Committee was added to the Regula r Agenda by addendum.
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. February 14, 2012 – Workshop Meeting (Approved, 5-0)
B. March 6, 2012 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Water Conservation Month – April 2012
B. Fair Housing America Month – April 2012
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. REQUEST FOR SIDEWALK DEFERRAL/1026 POINSETTIA ROAD:
Approve a request to defer the installation of a sidewalk for the south side of Poinsettia
Road at 1026 Poinsettia Road.
B. LANDSCAPE MAINTENANCE AGREEM ENT/SW DELRAY ONE, LLC:
Approve a landscape maintenance agreement with SW Delray One, LLC. to allow the
future location of landscape materials within the public right-of-way at Saxena White
Corporate Offices located at 111 S.E. 1st Avenue.
C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/WEST
CONSTRUCTION, INC./WORTHING PARK IMPROVEMENT PROJECT:
Approve Contract Closeout (C.O. No. 1/Final) in the amount of a $3,987.15 decrease
and final payment in the amount of $9,583.45 to West Construction, Inc.,
for completion of the Worthing Park Improv ement Project. Funding is available from
117-4133-572-68.19 (Recreation Impact Fee FD: Other Improvement/Worthing Park
Improvement).
03/20/2012
- 3 -
D. AGREEMENTS FOR LAND SURVEYING CONSULTING
SERVICES: Approve Agreements with Avirom & Associates, Inc., Dennis J. Leavy &
Associates, Inc., Wantman Group, Inc. and Ca ulfield & Wheeler, Inc. for land surveying
consulting services.
E. RESOLUTION NO. 19-12: LOCAL AGENCY PROGRAM (LAP)
AGREEMENT/FLORIDA DEPARTME NT OF TRANSPORTATION
(FDOT)/FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Approve
Resolution No. 19-12 authorizing the ex ecution of a Local Agency Program (LAP)
Agreement with the Florida Department of Transportation (FDOT) for the
construction of the Federal Highway Beautification project.
F. TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL/
PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO):
Authorize submitting a Transportation E nhancement Program Grant Proposal to the
Palm Beach Metropolitan Planning Organiza tion (MPO) for the construction of bicycle
lanes and sidewalks on Homewood Boulevard from Old Germantown Road to Lowson
Boulevard .
G. AGREEMENT/LEGAL AID SOCIET Y OF PALM BEACH COUNTY:
Approve an Agreement between the City an d the Legal Aid Society of Palm Beach
County to utilize space and provide servi ces from the Neighborhood Resource Center
(NRC).
H. AMENDMENT 001 TO THE FOURTH AGREEMENT/DISASTER
RECOVERY INITIATIVE (DRI2)/PALM BEACH COUNTY: Approve
Amendment 001 to the Fourth Agreement between the City and Palm Beach County
for the Disaster Recovery Initiative Housing Rehabilitation Program (DRI2)
Program, correcting the maximum compensation allowed.
I. SPECIAL EVENT REQUEST/OLD SCHOOL BEERFEST: Approve a special
event request for the Old School Beerfest to be produced by Old School Square
proposed to be held on April 21, 2012 from 4:00 p.m. to 8:00 p.m., on the grounds of
Old School Square and Old School Square Park; and to authorize staff support for
security, fire inspection services, event signage and reserved parking in the Old School
Square Garage; contingent upon receipt of a Certificate of Liability Insurance, Alcohol
Liability Insurance and Hold Harmless Agreement by April 5, 2012.
J. SPECIAL EVENT REQUEST/15TH ANNUAL DOWNTOWN DELRAY
BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 15th
Annual Downtown Delray Beach Craft Fest ival sponsored by Howard Alan Events,
Ltd. to be held May 26 - 27 , 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use
permit per LDR Section 2.4.6(F) for the cl osure and use of N.W. 3rd Avenue from
Atlantic Avenue north to the south side of the entrance to Atlantic Grove townhomes
and use of the Tennis Center parking lot an d North parking lot at City Hall; and to
provide staff support for traffic contro l and security, barricading and fire
inspection services.
03/20/2012
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K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 5, 2012 through March 16, 2012.
L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to multiple vendors in the amount of $292,104.00 for thirteen
(13) replacement vehicles; additional awards going to Emergency Vehicle Supply
in the amount of $26,507.00 for the inst allation of police lighting and equipment
in four (4) Police Department vehicles and to Knapheide Equipment in the
amount of $18,570.00 for three (3) truc k utility bodies and equipment. Funding
is available from 501-3312-591-64.20 (Garage Fund: Machinery/ Equipment/
Automotive).
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
DELRAY INN, INC.: Consider an appeal of the Site Plan Review and Appearance
Board’s decision regarding the Class III site plan modification request and landscape
plan for Delray Inn, Inc., located at 297 N.E. 6 th Avenue. (Quasi-Judicial Hearing)
(Motion to POSTPONE to April 3, 2012 Regular Commission Meeting, Approved, 5-0)
B. WAIVER REQUESTS/22 N.E. 5 TH STREET: Consider approval of two (2) waiver
requests to Land Development Regulations (LDR) Section 4.5.1(E)(3)(a)1.c., “Fences
and Walls”, to permit a fence measuring 6’ in height within the front setback and Land
Development Regulations (LDR) Section 4 .6.14(B), “Sight Visibility Triangle
Measurements”, to reduce the sight visibili ty triangle at the intersection of the driveway
with the right-of-way to 6’x6’ on the east side and 10’x8’ on the west side where a
10’x10’ sight visibility triangle is required for the property located at for 22 N.E. 5 th
Street. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-
0)
C. RESOLUTION NO. 18-12/CHARTER REVISION COMMITTEE: Consider a
resolution to establish a Charter Revision Committee for the sole purpose of reviewing
the City's Charter and formulating r ecommendations to the City Commission. (Motion
to approve Resolution No. 18-12; Approved, 5-0)
D. APPOINTMENTS TO THE AFFO RDABLE HOUSING ADVISORY
COMMITTEE: Appoint five (5) regular members to serve terms ending July 31, 2012
and four (4) regular members to serve terms ending July 31, 2013 to the Affordable
Housing Advisory Committee. Based upon the rotation system, Commissioner Alperin
(Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor
McDuffie (Seat #5) will each make two (2) appointments; Commissioner Carney (Seat
#1) will make one (1) appointment. (Appointed Regina Hands and approved, 5-0; appointed
Mike Williams and approved, 5-0; appointed Ca rmelita Smith and approved, 5-0; appointed
Perry Rohan and approved, 5-0; appointed Evelyn Dobson and approved, 5-0; appointed
Alberta McCarthy and approved, 5-0; appointed Clifford Durden and approved, 5-0; appointed
03/20/2012
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Colson Zulmar and approved, 5-0 and appointed Susan Sims and approved, 5-0)
E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member from Zone 2 to serve an unexpired term ending July
31, 2014 to the Neighborhood Advisory Cou ncil. Based on the rotation system, the
appointment will be made by Commissioner Gray (Seat #4). (Commissioner Gray’s
appointment was DEFERRED to the April 3, 2012 Regular Commission Meeting)
F. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve an unexpired term ending
July 31, 2013. Based upon the rotation sy stem, the appointment will be made by
Commissioner Carney (Seat #1 ). (Appointed Daniel Bellante and approved, 5-0)
G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
regular member to the Financial Review Board to serve an unexpired term ending July
31, 2012. Based upon the rotation syst em, the appointment will be made by
Commissioner Carney (Seat #1). (Appointed Brian Anderson and approved, 5-0)
H. APPOINTMENTS TO THE CHAR TER REVISION COMMITTEE : Appoint eleven
(11) members to the Charter Revision Commi ttee. Based upon the rotation system, the
appointments will begin with Commissioner Carney (Seat #1), Commissioner Alperin
(Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and
Mayor McDuffie (Seat #5), with the Mayor also appointing a Chairperson.
(ADDENDUM) ((Appointed Kimberly Camejo and approved, 5-0; appointed David
Schmidt and approved, 5-0; appointed Gary Eliopoulos and approved, 5-0; appointed Deborah
Dowd and approved, 5-0; appointed Scott Porten and approved, 5-0; appointed Brian Cheslack
and approved, 5-0; appointed Alberta McCarthy and approved, 5-0; appointed Brenda Durden
and approved, 5-0; appointed Doak Campbell and approved, 5-0 and appointed Mike Malone
and approved, 5-0). Mayor McDuffie’s appointment of the Chairperson was DEFERRED to
the April 3, 2012 Regular Commission Meeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 05-12: Consider a privately-initiated Future Land Use Map
change from Transitional (TRN) to Gene ral Commercial (GC), rezoning from POC
(Planned Office Center) to PC (Planned Co mmercial), and a Text Amendment of the
Comprehensive Plan modifying the description of the GC (General Commercial) Future
Land Use designation to limit the maximum FAR to 0.46 for a 9.95 acre property
located on the southeast corner of Linton Boulevard and Federal Highway (1801 and
1845 South Federal Highway) known as Delray Place. (Quasi-Judicial Hearing)
(Motion to POSTPONE to April 3, 2012; Approved, 4-1; Commissioner Frankel dissenting)
B. ORDINANCE NO. 12-12: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Section 8 .5.1, “Establishment of Public Arts
Program”, Subsection (B), “Appropriation of Capital Improvement Project (CIP
Funds)”, setting forth the right to use funds as appropriated in the City’s budget.
(Motion to approve; Approved, 4-1; Commissioner Frankel dissenting)
03/20/2012
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C. RESOLUTION NO. 16-12/CONTRACT FOR SALE AND PURCHASE/S.W.
10 TH AVENUE AND S.W. 11 TH STREET: Consider approval of Resolution No. 16-
12, and a contract for sale and purchase, authorizing the City to sell the property located
in the area of S.W. 10 th Avenue and S.W. 11 th Street to West Corner Venture, LLC for
the purchase price of $5,175.00. (Motion to approve Resolution No. 16-12; Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 09-12: Consider a city-initiated amendment to Land
Development Regulations (LDR) Appendix “A”, “Definitions”, to expand the
definition of “Restaurant (Bona Fide)”, to clarify required operations and components
for restaurant uses. If passed, a public hearing will be held on April 3, 2012. (Motion to
approve; Approved, 4-1; Commissioner Frankel dissenting)
B. ORDINANCE NO. 10-12: Consider a city-initiated amendment to the Land
Development Regulations (LDR) Appendix “A”, “Definitions”, to provide a definition
of “Delicatessen”, Section 4.6.9, “Off-St reet Parking Regulations”, and Article 6.3,
“Use and Work in the Public Right of Wa y”, Subsection 6.3.3, “Sid ewalk Café”, to
provide a definition, clarify required parking, and to clarify the ch aracteristics of a
Delicatessen. If passed, a public he aring will be held on April 3, 2012. (Motion to
approve; Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 16, 2012
****** Meeting adjourned at 9:18 p.m. ******