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01-15-13 Agenda Results Regular MeetingMicrosoft Word - 01-15-13 AGENDA RESULTS Regular Meeting.doc City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, January 15, 2013 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 the City Manager 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 01/15/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor Carney noted there was additional information on the dais for Item 8.K.2., Purchase Award/Fisher Safety Fire and Emergency Services; updated information was on the dais for Item 10.J., 2013 Proposed State Legislative Priorities; Item 10.M., License Agreement/32 East Restaurant, was added to the Regular Agenda as an addendum; Item 10.N., Modification No. 3 to the Neighborhood Stabilization Program-1 (NSP-1) Grant Agreement, was added to the Regular Agenda as an addendum. Approved as amended, 5-0). 5. APPROVAL OF MINUTES: A. December 18, 2012 – Special/Workshop Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing Black History Month – February 2013 7. PRESENTATIONS: A. Government Finance Officers Association Award – Certificate of Achievement for Excellence in Financial Reporting 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. ACCEPTANCE OF A SIDEWALK DEFERRAL /125 N.E. 13TH STREET: Approve acceptance of an agreement to defer installing a sidewalk along N.W. 13th Street for the property located at 125 N.E. 13th Street. B. REQUEST FOR A SIDEWALK DEFERRAL/928 JASMINE DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Jasmine Drive for the property located at 928 Jasmine Drive. C. REQUEST FOR A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT AGREEMENT/1127 VISTA DEL MAR DRIVE S.: Approve a sidewalk easement and sidewalk deferral agreement to allow future construction of a sidewalk, for a proposed single family residence within the North Beach Overlay District for the property located at 1127 Vista Del Mar Drive S. D. ACCEPTANCE OF A RIGHT OF WAY DEED /125 N.E. 13TH STREET: Accept a right-of-way deed for the dedication of 5’ feet on the west side of N.E. 2nd Avenue for the property located at 125 N.E. 13th Street. 01/15/2013 -3 -E. CORRECTION TO ACCOUNT NUMBERS: ROSSO PAVING AND GRADING, INC. /BLOCK 19 AND 20 ALLEY IMPROVEMENTS: Approve a correction to account numbers which were inadvertently referenced for the contract award to Rosso Paving and Grading, Inc., in the amount of $120,000.00 from account number 334-3162-541-68.56 and $17,866.13 from 448-5461-538-68.56 for construction of Block 19 and 20 Alley Improvements. F. AGREEMENT/FAITH-HOPE-LOVE CHARITY, INC.: Approve an agreement with Faith – Hope – Love Charity, Inc. to occupy office space at the Neighborhood Resource Center and provide specific outreach services to Veterans. G. ADDITIONAL SCOPE/COASTAL CONTRACTING & DEVELOPMENT, INC.: Consider approval of additional scope to Coastal Contracting & Development, Inc. in the amount of $12,183.56 associated with connecting electrical panels to the Florida Power and Light (FPL) point of service for the Atlantic Avenue Gateway Art Feature Project. Funding to be paid out of the Contract’s Undefined General Allowance. H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 212 N.W. 14TH AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jesus J. Aguirre-Rueda and Maria N. Gomez for the property located at 212 N.W. 14th Avenue sold for singlefamily homeownership. I. DELRAY BEACH PUBLIC ART BOARD: FLOR500 TEMPORARY ART PROJECT: Approve and authorize funding for the FLOR500 Temporary Art Project to be placed on the front lawn of City Hall which consists of nine (9) concrete planters containing various wildflowers in celebration of Ponce de Leon's discovery of the Florida peninsula. Funding is available from 115-1702-579-52.26 (Special Projects Fund: Operating Supplies/Gardening Supplies) and 115-1702-579-49.90 (Special Projects Funds: Other Current Charges). J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 31, 2012 through January 11, 2013. K. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Devland Site Development, Inc. in the amount of $120, 000.00 for sludge removal and disposal "as needed". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 2. Purchase award to Fisher Safety Fire and Emergency Services in the amount of $582,667.06 for the replacement of the Self-Contained Breathing Apparatus (SCBA) and associated components. Funding is available from 334-2311-522-64.90 (General Construction Fund: Machinery Equipment/Other Machinery/Equipment). 01/15/2013 -4 -3. Purchase award to PVS Technologies, Inc. in the amount of $220,000.00 for purchase and delivery of liquid ferric chloride “as needed”. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING CONSENT AGENDA. A. City Manager's response to prior public comments and inquiries. B. From the Public 10. REGULAR AGENDA: A. WAIVER REQUESTS/BELUGA WINE BAR AND RESTAURANT: Consider approval of three (3) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4)(c)(1), “Lower Levels”, and Section 4.4.13 (F)(4)(c)(2), “Upper Levels”, pertaining to the CBD (Central Business District) building setback requirements for Beluga Wine Bar and Restaurant located at 44 S.E. 2nd Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) B. WAIVER REQUEST/LINTCO DEVELOPMENT: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), “Stacking Distance”, to reduce the stacking distance from the required fifty feet (50’) for parking lots with fifty-one (51) or more spaces to twenty-eight feet nine inches (28’9”) at the northern entrance on S.W. 4th Avenue for Lintco Development. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Denied, 3-2. Commissioner Frankel and Mayor Carney dissenting) C. WAIVER REQUEST/DOWNTOWN BOWLING: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.18 (B)(14)(iv)(2), “Building and Structure Requirements”, to allow a minimum transparency or glass surface area on the ground floor along N.E. 2nd Avenue of 7.28% whereas 75% is required for Downtown Bowling located at 45 N.E. 2nd Avenue.(Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) D. WAIVER OF SURETY BOND REQUIREMENT: SPODAK DENTAL GROUP FACILITY: Consider approval of a waiver of surety bond requirement to Land Development Regulations (LDR) 2.4.10(A), “Financial Guarantees, Surety Bond”, to reduce site bonding requirements for the Spodak Dental Group Facility to 110% of the value of water and sewer infrastructure with the condition that no Certificate of Occupancy be issued in any form for the facility prior to completion and certification of all required site improvements. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) 01/15/2013 -5 -E. SCOPE OF SERVICES/COASTAL PLANNING & ENGINEERING, INC.: HURRICANE SANDY SAND DUNE REPAIR: Consider approval of a Scope of Services with Coastal Planning & Engineering, Inc. in the amount of $37,521.50 for Hurricane Sandy Sand Dune Repair. Funding is available from 332-4164-572-31.30 (Beach Restoration Fund: Professional Services/Engineering/Architectural). (Motion to approve; Approved, 5-0) F. BID AWARD/INNOVATIVE METERING SOLUTIONS, INC. (IMS): Consider a bid award to Innovative Metering Solutions, Inc. (IMS) for Contract 1 of the Meter Replacement and Advanced Metering Infrastructure (AMI) project with the first year cost not to exceed $1,758,082.55. Funding is available from 442-5178-536-64.46 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Automated Meter Reading). (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) G. EMPLOYMENT AGREEMENT/CITY MANAGER: Consider an Employment Agreement between the City of Delray Beach and Mr. Louie Chapman. (Motion to approve; Approved, 3-2. Commissioner Morrison and Commissioner Frankel dissenting) H. REASSIGNMENT OF COMMISSION LIAISON APPOINTMENTS: Reassignment of City Commission Liaison Appointments to various Advisory Boards and outside agencies. (Motion to approve; Approved, 5-0) I. BID PROPOSAL/UNITED STATES TENNIS ASSOCIATION (USTA): FED CUP SEMI-FINALS: Consider approval of a bid proposal to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi-Finals if held in the United States. (Motion to approve; Approved, 5-0) J. 2013 PROPOSED STATE LEGISLATIVE PRIORITIES: Consider approval of the 2013 proposed State Legislative Priorities. (Motion to approve; Approved, 5-0) K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve a three (3) year term ending January 14, 2016. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). (Commissioner Frankel left the dais. Appointed Jason Whiteman and approved 4-0) L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve unexpired terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor Carney (Seat #5) and Commissioner Morrison (Seat #1). (Appointed Sandra Owens and approved 4-0; Appointed Kenya Spear and approved 4-0) M. LICENSE AGREEMENT/32 EAST RESTAURANT: Consider approval of a license agreement with 32 East Restaurant to allow a balcony to extend into the public right of way. (ADDENDUM) (Commissioner Frankel returned to the dais. Motion to approve; Approved, 5-0) 01/15/2013 -6 -N. MODIFICATION NO. 3 TO THE NEIGHBORHOOD STABILIZATION PROGRAM -1 (NSP-1) GRANT AGREEMENT: Consider approval of Modification No. 3 to the Neighborhood Stabilization Program (NSP-1) Grant Agreement to extend the contract ending date to August 15, 2013. (ADDENDUM) (Motion to approve; Approved, 5-0) 11. PUBLIC HEARINGS: A. None 12. FIRST READINGS: A. ORDINANCE NO. 01-13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on February 5, 2013. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JANUARY 11, 2013 ****** Meeting adjourned at 8:34 p.m. ****** 01/15/2013 - 2 - 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor Carney noted there was additional information on the dais for Item 8.K.2., Purchase Award/Fisher Safety Fire and Em ergency Services; updated information was on the dais for Item 10.J., 2013 Proposed St ate Legislative Priorities; Item 10.M., License Agreement/32 East Restaurant, was added to the Regular Agenda as an addendum; Item 10.N., Modification No. 3 to the Neighborhood Stabilization Program-1 (NSP-1) Grant Agreement, was added to the Regular Agenda as an addendum. Approved as amended, 5-0). 5. APPROVAL OF MINUTES: A. December 18, 2012 – Special/Workshop Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing Black History Month – February 2013 7. PRESENTATIONS: A. Government Finance Officers Association Award – Certificate of Achievement for Excellence in Financial Reporting 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. ACCEPTANCE OF A SIDEWALK DEFE RRAL /125 N.E. 13TH STREET: Approve acceptance of an ag reement to defer installing a sidewalk along N.W. 13 th Street for the property located at 125 N.E. 13th Street. B. REQUEST FOR A SIDEWALK DEFERRAL/928 JASMINE DRIVE: Approve an agreement to defer installing a sidewalk al ong the south side of Jasmine Drive for the property located at 928 Jasmine Drive. C. REQUEST FOR A SIDEWALK DEFE RRAL AND SIDEWALK EASEMENT AGREEMENT/1127 VISTA DEL MAR DRIVE S.: Approve a sidewalk easement and sidewalk deferral agreement to allow future construction of a sidewalk, for a proposed single family residence with in the North Beach Overlay District for the property located at 1127 Vista Del Mar Drive S. D. ACCEPTANCE OF A RIGHT OF WAY DEED /125 N.E. 13TH STREET: Accept a right-of-way deed for the dedicati on of 5’ feet on the west side of N.E. 2nd Avenue for the property located at 125 N.E. 13th Street. 01/15/2013 - 3 - E. CORRECTION TO ACCOUNT NUMBERS: ROSSO PAVING AND GRADING, INC. / BLOCK 19 AND 20 ALLEY IMPROVEMENTS: Approve a correction to account numbers which were inadvertently referenced for the contract award to Rosso Paving and Grading, Inc., in the amount of $1 20,000.00 from account number 334-3162-541-68.56 and $17,866.13 fr om 448-5461-538-68.56 for construction of Block 19 and 20 Alley Improvements. F. AGREEMENT/FAITH-HOPE-LOVE CHARITY, INC.: Approve an agreement with Faith – Hope – Love Charity, Inc. to occupy office space at the Neighborhood Resource Center and provide specific outreach services to Veterans. G. ADDITIONAL SCOPE/COASTAL CONTRACTING & DEVELOPMENT, INC.: Consider approval of additional scope to Coastal Contracting & Development, Inc. in the amount of $12,183.56 associa ted with connecting electrical panels to the Florida Power and Light (FPL) point of serv ice for the Atlantic Avenue Gateway Art Feature Project. Funding to be paid out of the Contract’s Undefined General Allowance. H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 212 N.W. 14TH AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Rest rictions with Jesus J. Aguirre-Rueda and Maria N. Gomez for the property located at 212 N.W. 14th Avenue sold for single- family homeownership. I. DELRAY BEACH PUBLIC ART BOARD: FLOR500 TEMPORARY ART PROJECT : Approve and authorize funding for the FLOR500 Temporary Art Project to be placed on the front lawn of City Hall wh ich consists of nine (9) concrete planters containing various wildflowers in celebra tion of Ponce de Leon's discovery of the Florida peninsula. Funding is available from 115-1702-579-52.26 (Special Projects Fund: Operating Supplies/Gardening Supplie s) and 115-1702-579-49.90 (Special Projects Funds: Other Current Charges). J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 31, 2012 through January 11, 2013. K. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Devland Site Development, Inc. in the amount of $120, 000.00 for sludge removal and disposal "as needed". Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 2. Purchase award to Fisher Safety Fire an d Emergency Services in the amount of $582,667.06 for the replacement of the Self-Contained Breathing Apparatus (SCBA) and associated components. Fu nding is available from 334-2311-522- 64.90 (General Construction Fund: Machinery Equipment/Other Machinery/Equipment). 01/15/2013 - 4 - 3. Purchase award to PVS Technologies, Inc. in the amount of $220,000.00 for purchase and delivery of liquid ferri c chloride “as needed”. Funding is available from 441-5122-536-52.21 (W ater and Sewer Fund: Operating Supplies/Chemicals). 9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA. A. City Manager's response to prior public comments and inquiries. B. From the Public 10. REGULAR AGENDA: A. WAIVER REQUESTS/BELUGA WINE BAR AND RESTAURANT: Consider approval of three (3) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4)(c)(1), “Lower Levels”, and Secti on 4.4.13 (F)(4)(c)(2), “Upper Levels”, pertaining to the CBD (Central Business District) building setback requirements for Beluga Wine Bar and Restaurant located at 44 S.E. 2nd Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) B. WAIVER REQUEST/LINTCO DEVELOPMENT: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), “Stacking Distance”, to reduce the stacking di stance from the required fifty feet (50’) for parking lots with fifty-one (51) or more sp aces to twenty-eight feet nine inches (28’9”) at the northern entrance on S.W. 4th Avenue for Lintco Development. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Denied, 3-2. Commissioner Frankel and Mayor Carney dissenting) C. WAIVER REQUEST/DOWNTOWN BOWLING: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.18 (B)(14)(iv)(2), “Building and Structure Requirements”, to allow a minimum transparency or glass surface area on the ground floor along N.E. 2nd Avenue of 7.28% whereas 75% is required for Downtown Bowling located at 45 N.E. 2nd Avenue .(Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) D. WAIVER OF SURETY BOND REQU IREMENT: SPODAK DENTAL GROUP FACILITY: Consider approval of a waiv er of surety bond requirement to Land Development Regulations (LDR) 2.4.10 (A), “Financial Guarantees, Surety Bond”, to reduce site bonding requirements for the Spodak Dental Group Facility to 110% of the value of water and sewer infrastructure with the condition that no Certificate of Occupancy be issued in any form for the fac ility prior to completion and certification of all required site improvements. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) 01/15/2013 - 5 - E. SCOPE OF SERVICES/COASTAL PLANNING & ENGINEERING, INC.: HURRICANE SANDY SAND DUNE REPAIR: Consider approval of a Scope of Services with Coastal Planning & Engineerin g, Inc. in the amount of $37,521.50 for Hurricane Sandy Sand Dune Repair. Fund ing is available fr om 332-4164-572-31.30 (Beach Restoration Fund: Professional Services/Engineering/Architectural). (Motion to approve; Approved, 5-0) F. BID AWARD/INNOVATIVE METERING SOLUTIONS, INC. (IMS): Consider a bid award to Innovative Metering So lutions, Inc. (IMS) for Contract 1 of the Meter Replacement and Advanced Metering In frastructure (AMI) project with the first year cost not to exceed $1,7 58,082.55. Funding is available from 442-5178-536-64.46 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/Automated Meter Reading). (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) G. EMPLOYMENT AGREEMENT/CITY MANAGER: Consider an Employment Agreement between the City of Delr ay Beach and Mr. Louie Chapman. (Motion to approve; Approved, 3-2. Commissioner Morri son and Commissioner Frankel dissenting) H. REASSIGNMENT OF COMMISSION LIAISON APPOINTMENTS: Reassignment of City Commission Liaison Appointments to various Advisory Boards and outside agencies. (Motion to approve; Approved, 5-0) I. BID PROPOSAL/ UNITED STATES TE NNIS ASSOCIATION (USTA): FED CUP SEMI-FINALS: Consider approval of a bid proposal to the United States Tennis Association (USTA) to be the host site for the 2013 FED Cup Semi-Finals if held in the United States. (Motion to approve; Approved, 5-0) J. 2013 PROPOSED STATE LEGISLATIVE PRIORITIES: Consider approval of the 2013 proposed State Legislative Priorities. (Motion to approve; Approved, 5-0) K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcem ent Board to serve a three (3) year term ending January 14, 2016. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). (Commissioner Frankel left the dais. Appointed Jason Whiteman and approved 4-0) L. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve unexpired terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor Carney (Seat #5) and Commissioner Morrison (Seat #1). (Appointed Sandra Owens and approved 4-0; Appointed Kenya Spear and approved 4-0) M. LICENSE AGREEMENT/32 EAST RESTAURANT : Consider approval of a license agreement with 32 East Restaurant to allow a balcony to extend into the public right of way. (ADDENDUM) (Commissioner Frankel returned to the dais. Motion to approve; Approved, 5-0) 01/15/2013 - 6 - N. MODIFICATION NO. 3 TO THE NEIGHBORHOOD STABILIZATION PROGRAM - 1 (NSP-1) GRANT AGREEMENT: Consider approval of Modification No. 3 to the Neighborhood Stabilization Program (NSP-1) Grant Agreement to extend the contract ending date to Au gust 15, 2013. (ADDENDUM) (Motion to approve; Approved, 5-0) 11. PUBLIC HEARINGS: A. None 12. FIRST READINGS: A. ORDINANCE NO. 01-13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Be ach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. If passed, a public hearing will be held on February 5, 2013. (Motion to approve; Approved, 4-1. Commissioner Jacquet dissenting) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JANUARY 11, 2013 ****** Meeting adjourned at 8:34 p.m. ******