06-05-12 Agenda Results Regular MeetingMicrosoft Word - 06-05-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, June 5, 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
06/05/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.E., Contract Closeout (Change Order No. 2/Final) /Randolph
& Dewdney Construction, Inc./Pompey Park Concession Stand was moved to the Regular Agenda as Item 9.A.A. Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. May 1, 2012 – Regular Meeting
(Approved, 5-0) B. May 15, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing Juneteenth – June 16, 2012 7. PRESENTATIONS: A. All-America City Grade-Level Reading
Campaign Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. REQUEST FOR A SIDEWALK DEFERRAL/1110 WATERWAY LANE: Approve an agreement to allow
future construction of a sidewalk, for a proposed new single family residence within the North Beach Overlay District located at 1110 Waterway Lane. B. SERVICE AUTHORIZATION NO. 12-02/MATHEWS
CONSULTING, INC.: Approve Service Authorization No. 12-02 in the amount of $74,956.00 for the design of N.E. 1st Avenue Improvements. Funding is available from 334-3162-541-68.84 (General
Construction Fund: Other Improvement/N.E. 1st Avenue Improvements). C. SERVICE AUTHORIZATION NO. 12-01/CORZO, CASTELLA, CARBALLO, THOMPSON AND SALMAN (C3TS), INC.: Approve Service Authorization
No. 12-01 to Corzo, Castella, Carballo, Thompson and Salman (C3TS), Inc. in the amount of $39,781.58 for the design of Swinton Avenue and Atlantic Avenue Intersection, Project. Funding
is available from 334-3162-541-68.86 (General Construction Fund: Other Improvement/Swinton & Atlantic Intersection).
06/05/2012 -3 -D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/INTERCOUNTY ENGINEERING, INC./LOWSON BOULEVARD FORCE MAIN: Approve Contract Closeout (C.O. No. 1/Final) in the amount of
a $56,497.50 decrease and final payment in the amount of $11,448.88 to Intercounty Engineering, Inc., for completion of the Lowson Boulevard Force Main Project. Funding is available
from 442-5178-536-68.74 (W & S Renewal & Replacement Fund: Improvements Other/Lowson Boulevard Force Main). E. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA) F. CONTRACT CLOSEOUT (CHANGE
ORDER NO. 2/FINAL)/INTERCOUNTY ENGINEERING, INC./RECLAIMED WATER EXPANSION AREA 11B: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $220,982.75 decrease and final payment
in the amount of $36,947.56 to Intercounty Engineering, Inc., for completion of the Reclaimed Water Expansion Area 11B Project. Funding is available from 441-5181-536-65-96 (Water and
Sewer Fund: Other Improvements/Reclaimed Water Transmission), 442-5178-536-63.90 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Other Improvements) and 448-5461-538-63.90
(Storm Water Utility Fund: Improvements Other/Other Improvements). G. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement with the School Board of
Palm Beach County for mutual use of recreational facilities. H. HOLD HARMLESS AGREEMENT/BOEJ, LLC.: Approve a Hold Harmless Agreement with BOEJ, LLC., to place a canopy in the public
right-of-way located at S.E. Second Avenue. I. REVISED WORKFORCE HOUSING COVENANT: SP5 WOOD MIDTOWN DELRAY, LLC.: Approve a revised Workforce Housing Covenant between the City and SP5
Wood Midtown Delray, LLC., formerly known as Bamfour, LLC/DKB Realty Investment, Inc./Mathias Development, developer of Midtown Delray. J. RESOLUTION NO.25-12/BUDGET AMENDMENT: Approval
of Resolution No. 25-12 in order to move certain grant funds from the City's operating budget (Fund 001) to the Capital budget (Fund 334) by amending Resolution 42-11 adopted September
20, 2011which made appropriations for necessary expenditures of the City for the FY 2011-12, by setting forth the anticipated revenues and expenditures for the operating funds of the
City for the fiscal year 2011-12. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 14,
2012 through June 1, 2012.
06/05/2012 -4 -L. AWARD OF BIDS AND CONT RACTS: 1. Bid award to Delray Beach Auto Mall in the annual amount of $25,200.00 for the lease of approximately six (6) undercover vehicles for
the Police Department. Funding is available from 001-2115-521-44.40 (General Fund: Rentals & Leases/Vehicles Rental/Lease). 2. Bid award to Intercounty Engineering, Inc. in the amount
of $406,700.00 for construction of upgrades to Lift Station 100A. Funding is available from 442-5178-536-69.29 (Water and Sewer Renewal & Replacement Fund: Water & Sewer Trans/Storage
Project/LS100A Capacity Upgrade) and 442-5178-536-64.90 (Water and Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 3. Contract award to West Construction,
Inc. in the amount of $58,900.00 for the construction of swales in Delray Beach Heights. Funding is available from 448-5461-538-65.41 (Storm Water Utility Fund: Other Improvements/Swale
Reconstruction). 4. Purchase award to Municipal Lighting Systems in the amount of $13,860.00 for an additional ten (10) LED light fixtures that are Buy America Compliant to install on
the decorative street light poles along West Atlantic Avenue. Funding is available from 101-6352-519-46.95 (ARRA Economic Stimulus Fund: Repair & Maintain Services/West Atlantic Avenue
Street Lights). 9. REGULAR AGENDA: AA. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/RANDOLPH & DEWDNEY CONSTRUCTION, INC. /POMPEY PARK CONCESSION STAND: Approve Contract Closeout (C.O.
No. 2/Final) in the amount of a $5,351.03 decrease and final payment in the amount of $25,013.70 to Randolph & Dewdney Construction, Inc., for the completion of renovations to the Pompey
Concession Stand Project. Funding is available from 334-4127-572-62.10 (General Construction Fund: Repair & Maintenance Service/Building Maintenance). (Motion to approve; Approved, 4-1.
Commissioner Frankel dissenting) A. WAIVER REQUEST/112 N.E. 7TH STREET: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b),“Front Elevation”,
to increase the second story encroachment into the Building Height Plane from 18’ to 24’6” width, whereas a maximum of 18’ is permitted for 112 N.E. 7th Street. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0) B. WAIVER REQUEST/116 N.E. 7TH STREET: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b),
“Front Elevation”, to increase the second story encroachment into the Building Height Plane to 31’6”, whereas a maximum of 18’ is permitted for 116 N.E. 7th Street. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0)
06/05/2012 -5 -C. WAIVER REQUEST/9 N.E. 2ND AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.4.13(F)(4)(c)(1), “Front Setbacks”, to allow
0% frontage along N.E. 2nd Avenue at a maximum setback of 10’ rather than the 70%-90% frontage as required by the Central Business District (CBD) guidelines for Bay #9 located at 9 N.E.
2nd Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) D. REQUEST TO INSTALL BRICK PAVERS IN THE CITY RIGHT-OF-WAY/PRESIDENTIAL AUTO LEASING AND
SALES: Consider a request from Presidential Auto Leasing and Sales (3201 S. Federal Highway) to install 100-feet of pervious brick pavers in a section of City’s right-of-way along the
south side of Avenue L approximately 300-feet east of Federal Highway. (Motion to approve request to install brick pavers in the right-of-way; Denied, 5-0) E. REVISIONS TO THE SPECIAL
EVENT POLICY AND PROCEDURES: Consider approval of proposed revisions to the Special Event Policies and Procedures to be effective for events beginning October 1, 2012. (Motion to approve;
Approved, 5-0) F. SETTLEMENT OFFER IN CRISLER CHACRETON v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $63,500.00 in Crisler Chacreton v. City of Delray
Beach. Staff recommends approval. (Motion to approve; Approved, 5-0) G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired plus
two (2) year term ending August 31, 2014 to the Site Plan Review & Appearance Board. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). (Appointed
Mark Gregory and approved 5-0) H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member and one (1) regular member to serve an unexpired term ending July 31, 2013;
and one (1) regular member to serve an unexpired plus two (2) year term ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made
by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat#3) and Commissioner Gray (Seat #4). (Appointed Rosa Torres-Tumazos and approved 5-0; appointed Alan Weitz and approved 5-0.
Commissioner Gray’s appointment was deferred to the June 19, 2012 Regular Commission Meeting) I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to
the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2016. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5).
(Appointed William Branning and approved 5-0)
06/05/2012 -6 -J. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint three (3) regular members from Zone 3, Zone 5 and Zone 6 to serve an unexpired plus three (3) year term ending
July 31, 2015 and one (1) regular member from Zone 1 to serve an unexpired term ending July 31, 2014. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat
#5), Commissioner Carney (Seat #1), Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Adam Reback and approved 5-0; appointed Mark Behar and approved 5-0.
Commissioner Carney and Mayor McDuffie’s appointments were deferred to the June 19, 2012 Regular Commission Meeting) 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET:
The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. B. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32, “Departments,
Boards and Commission”, of the Code of Ordinances by amending Section 32.09, “Expiration of Terms; Commencement of Terms”, and Section 32.10, “Vacancies”, to clarify that certain appointments
made to fill a vacancy, where there is less than six months of the current term left, will also include the following regular term. (Motion to approve; Approved, 5-0) C. ORDINANCE NO.
17-12: Consider approval of a privately-initiated amendment to Land Development Regulations (LDR) Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection (F), “Development
Standards”, Subsection (G), “Supplemental District Regulations”, and Subsection (H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay
District. (Motion to approve; 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.
06/05/2012 -7 -12. FIRST READINGS: A. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, Section 33.60, “Definitions”, Section 33.61, “Membership
Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65,
“Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, “Direct Transfers of Eligible Rollover Distributions”;
and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply
with a court decision. If passed, a public hearing will be held on June 19, 2012. (Motion to approve with the suggested language changes; Approved, 5-0) B. ORDINANCE NO. 18-12: Consider
a city-initiated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for two parcels of land located on the east side of S.W. 12th Avenue, approximately 106 feet
north of SW 2nd Street for the Neighborhood Resource Center Expansion. If passed, a public hearing will be held on June 19, 2012. (Motion to approve; Approved, 5-0) C. ORDINANCE NO.
20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase
in all business tax fees. If passed, a public hearing will be held on June 19, 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: JUNE 1, 2012 ****** Meeting adjourned at 8:20 p.m. ******
06/05/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.E., Co ntract Closeout (Change Order No.
2/Final) /Randolph & Dewdney Construction, Inc./Pompey Park Concession Stand was moved to the
Regular Agenda as Item 9.A.A. Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. May 1, 2012 – Regular Meeting (Approved, 5-0)
B. May 15, 2012 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Juneteenth – June 16, 2012
7. PRESENTATIONS:
A. All-America City Grade-Level Reading Campaign Presentation
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. REQUEST FOR A SIDEWALK DEFERRAL/1110 WATERWAY
LANE: Approve an agreement to allow futu re construction of a sidewalk, for a
proposed new single family residence within the North Beach Overlay District located
at 1110 Waterway Lane.
B. SERVICE AUTHORIZATION NO. 12-02/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 12-02 in the amount of $74,956.00 for the design of
N.E. 1st Avenue Improvements. Fundin g is available from 334-3162-541-68.84
(General Construction Fund: Other Improvement/N.E. 1st Avenue Improvements).
C. SERVICE AUTHORIZATION NO. 12-0 1/CORZO, CASTELLA, CARBALLO,
THOMPSON AND SALMAN (C3TS), INC.: Approve Service Authorization No.
12-01 to Corzo, Castella, Ca rballo, Thompson and Salman (C3TS), Inc. in the amount
of $39,781.58 for the design of Swinton Avenue and Atlantic Avenue Intersection,
Project. Funding is available from 334-31 62-541-68.86 (General Construction Fund:
Other Improvement/Swinton & Atlantic Intersection).
06/05/2012
- 3 -
D. CONTRACT CLOSEOUT (CHANGE ORDER NO.
1/FINAL)/INTERCOUNTY ENGINEERING, INC./ LOWSON
BOULEVARD FORCE MAIN: Approve Contract Closeout (C.O. No. 1/Final) in
the amount of a $56,497.50 decrease and fina l payment in the amount of $11,448.88 to
Intercounty Engineering, Inc., for completi on of the Lowson Boulevard Force Main
Project. Funding is availabl e from 442-5178-536-68.74 (W & S Renewal & Replacement
Fund: Improvements Other/Lowson Boulevard Force Main).
E. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
F. CONTRACT CLOSEOUT (CHANGE ORDER NO.
2/FINAL)/INTERCOUNTY ENGINEERING, INC./RECLAIMED WATER
EXPANSION AREA 11B: Approve Contract Closeout (C.O. No. 2/Final) in the
amount of a $220,982.75 decrease and fina l payment in the amount of $36,947.56 to
Intercounty Engineering, Inc., for completi on of the Reclaimed Water Expansion Area
11B Project. Funding is available from 441-5181-536-65-96 (Water and Sewer Fund:
Other Improvements/Reclaimed Water Tran smission), 442-5178-536-63.90 (Water &
Sewer Renewal & Replacement Fund: Improvements Other/Other Improvements) and
448-5461-538-63.90 (Storm Water Utili ty Fund: Improvements Other/Other
Improvements).
G. INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY: Approve an Interlocal Agreement with the School Board of Palm Beach
County for mutual use of recreational facilities.
H. HOLD HARMLESS AGREEMENT/BOEJ, LLC.: Approve a Hold Harmless
Agreement with BOEJ, LLC., to place a canop y in the public right-of-way located at
S.E. Second Avenue.
I. REVISED WORKFORCE HOUSING CO VENANT: SP5 WOOD MIDTOWN
DELRAY, LLC.: Approve a revised Workforce Housing Covenant between the City
and SP5 Wood Midtown Delray, LLC., former ly known as Bamfour, LLC/DKB Realty
Investment, Inc./Mathias Developmen t, developer of Midtown Delray.
J. RESOLUTION NO.25-12/BUDGET AMENDMENT: Approval of Resolution
No. 25-12 in order to move certain grant fu nds from the City's operating budget (Fund
001) to the Capital budget (Fund 334) by amending Resolution 42-11 adopted
September 20, 2011which made appropriations for necessary expenditures of the City
for the FY 2011-12, by setting forth the anticipated revenues and expenditures for the
operating funds of the City for the fiscal year 2011-12.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 14, 2012 through June 1, 2012.
06/05/2012
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L. AWARD OF BIDS AND CONT RACTS:
1. Bid award to Delray Beach Auto Mall in the annual amount of $25,200.00 for
the lease of approximately six (6) undercover vehicles for the Police
Department. Funding is available from 001-2115-521-44.40 (General Fund:
Rentals & Leases/Vehicles Rental/ Lease).
2. Bid award to Intercounty Engineering, Inc. in the amount of $406,700.00 for
construction of upgrades to Lift Station 100A. Funding is available from 442-
5178-536-69.29 (Water and Sewer Renewal & Replacement Fund: Water &
Sewer Trans/Storage Project/LS100A Capacity Upgrade) and 442-5178-536-
64.90 (Water and Sewer Renewal & Replacement Fund:
Machinery/Equipment/Other Machinery/Equipment).
3. Contract award to West Construction, Inc. in the amount of $58,900.00 for the
construction of swales in Delray Beach Heights. Funding is available from 448-
5461-538-65.41 (Storm Water Utility Fund: Other Improvements/Swale
Reconstruction).
4. Purchase award to Municipal Lighting Sy stems in the amount of $13,860.00 for
an additional ten (10) LED light fixtures that are Buy America Compliant to
install on the decorative street light poles along West Atlantic Avenue. Funding
is available from 101-6352-519-46.95 (ARRA Economic Stimulus Fund: Repair
& Maintain Services/West Atlantic Avenue Street Lights).
9. REGULAR AGENDA:
AA. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/RANDOLPH
& DEWDNEY CONSTRUCTION, INC. /POMPEY PARK CONCESSION
STAND: Approve Contract Closeout (C.O. No. 2/Final) in the amount of a $5,351.03
decrease and final payment in the amount of $25,013.70 to Randolph & Dewdney
Construction, Inc., for the completion of renovations to the Pompey Concession Stand
Project. Funding is available from 334-41 27-572-62.10 (General Construction Fund:
Repair & Maintenance Service/Building Maintenance). (Motion to approve; Approved, 4-
1. Commissioner Frankel dissenting)
A. WAIVER REQUEST/112 N.E. 7 TH STREET: Consider approval of a waiver
request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b),“Front
Elevation”, to increase the second story en croachment into the Building Height Plane
from 18’ to 24’6” width, whereas a maximu m of 18’ is permitted for 112 N.E. 7th
Street . (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-
0)
B. WAIVER REQUEST/116 N.E. 7 TH STREET: Consider approval of a waiver
request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(b), “Front
Elevation”, to increase the second story en croachment into the Building Height Plane
to 31’6”, whereas a maximum of 18’ is permitted for 116 N.E. 7th Street. (Quasi-
Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
06/05/2012
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C. WAIVER REQUEST/9 N.E. 2 ND AVENUE: Consider approval of a waiver request
to Land Development Regulations (LDR) S ection 4.4.13(F)(4)(c)(1), “Front Setbacks”,
to allow 0% frontage along N.E. 2nd Avenue at a maximum setback of 10’ rather than
the 70%-90% frontage as required by the Ce ntral Business District (CBD) guidelines for
Bay #9 located at 9 N.E. 2nd Avenue. (Quasi-Judicial Hearing) (Motion to adopt
board order as presented; Approved, 5-0)
D. REQUEST TO INSTALL BRICK PAVERS IN THE CITY RIGHT-OF-WAY/
PRESIDENTIAL AUTO LEASING AND SALES: Consider a request from
Presidential Auto Leasing and Sales (3201 S. Federal Highway) to install 100-feet of
pervious brick pavers in a section of City’s ri ght-of-way along the so uth side of Avenue
L approximately 300-feet east of Federal Highway . (Motion to approve request to install
brick pavers in the right-of-way; Denied, 5-0)
E. REVISIONS TO THE SPECIAL EVENT POLICY AND PROCEDURES:
Consider approval of proposed revisions to the Special Event Policies and Procedures
to be effective for events beginning October 1, 2012. (Motion to approve; Approved, 5-0)
F. SETTLEMENT OFFER IN CRISLER CHACRETON v. CITY OF DELRAY
BEACH: Consider a Settlement Offer in the total amount of $63,500.00 in Crisler
Chacreton v. City of Delray Beach. Staff recommends approval. (Motion to approve;
Approved, 5-0)
G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE
BOARD: Appoint one (1) regular member to serve an unexpired plus two (2) year
term ending August 31, 2014 to the Site Pl an Review & Appearance Board. Based upon
the rotation system, the appointment will be made by Commissioner Gray (Seat #4).
(Appointed Mark Gregory and approved 5-0)
H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member and one (1) regular member to serve an unexpired term ending July
31, 2013; and one (1) regular member to serve an unexpired plus two (2) year term
ending July 31, 2014 to the Financial Review Board. Based upon the rotation system,
the appointments will be made by Commi ssioner Jacquet (Seat #2), Commissioner
Frankel (Seat#3) and Commissioner Gray (Seat #4). (Appointed Rosa Torres-Tumazos
and approved 5-0; appointed Alan Weitz and approved 5-0. Commissioner Gray’s appointment
was deferred to the June 19, 2012 Regular Commission Meeting)
I. APPOINTMENT TO THE COMMUNI TY REDEVELOPMENT AGENCY:
Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to
serve a four (4) year term ending July 1, 2016. Based upon the rotation system, the
appointment will be made by Mayor McDuffie (Seat #5). (Appointed William Branning
and approved 5-0)
06/05/2012
- 6 -
J. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint three (3) regular members from Z one 3, Zone 5 and Zone 6 to serve an
unexpired plus three (3) year term ending Ju ly 31, 2015 and one (1) regular member
from Zone 1 to serve an unexpired term ending July 31, 2014. Based on the rotation
system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner
Carney (Seat #1), Commissioner Jacquet (S eat #2) and Commissioner Frankel (Seat
#3). (Appointed Adam Reback and approved 5-0; appointed Mark Behar and approved 5-0.
Commissioner Carney and Mayor McDuffie’s appoi ntments were deferred to the June 19, 2012
Regular Commission Meeting)
10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regardin g the FY 2013 Proposed Budget at this time.
B. ORDINANCE NO. 15-12: Consider an amendment to Chapter 32, “Departments,
Boards and Commission”, of the Code of Ordinances by amending Section 32.09,
“Expiration of Terms; Commencement of Te rms”, and Section 32.10, “Vacancies”, to
clarify that certain appointments made to fill a vacancy, where there is less than six
months of the current term left, will al so include the following regular term. (Motion to
approve; Approved, 5-0)
C. ORDINANCE NO. 17-12: Consider approval of a privately-initiated amendment to
Land Development Regulations (LDR) Section 4.4.11, “NC (Neighborhood
Commercial) District”, Subsection (F), “D evelopment Standards”, Subsection (G),
“Supplemental District Regulations”, and Su bsection (H), “Special Regulations”, to
modify the regulations for properties wi thin the Wallace Drive Overlay District. (Motion
to approve; 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.
06/05/2012
- 7 -
12. FIRST READINGS:
A. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-
Rescue Departments”, Section 33.60, “D efinitions”, Section 33.61, “Membership
Conditions of Eligibility; Applicati on”; Section 33.62, “Benefit Amounts and
Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64,
“Contributions”; Section 33.65, “Administrat ion”; Section 33.66, “Finances and Fund
Management”; Section 33.689, “Retiremen t Benefit Enhancement”; Section 33.70,
“Direct Transfers of Eligible Rollover Di stributions”; and creating Section 33.73,
“Termination of the System”, to implement and comply with Chapter 2009-97, Laws of
Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply with a court
decision. If passed, a public he aring will be held on June 19, 2012. (Motion to approve
with the suggested language changes; Approved, 5-0)
B. ORDINANCE NO. 18-12: Consider a city-initiated rezoning from RM (Medium
Density Residential) to CF (Community Facilit ies) for two parcels of land located on the
east side of S.W. 12 th Avenue, approximately 106 feet north of SW 2 nd Street for the
Neighborhood Resource Center Expansion. If passed, a public hearing will be held on
June 19, 2012 . (Motion to approve; Approved, 5-0)
C. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending Chapter
110, “Local Business Taxes Generally”, Secti on 110.15, “Local Business Tax Schedule”,
to provide for a 5% percent increase in all b usiness tax fees. If passed, a public hearing
will be held on June 19, 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: JUNE 1, 2012
****** Meeting adjourned at 8:20 p.m. ******