12-03-13 Agenda Results Regular City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 3,2013
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: 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,
presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated.
Public comment shall be allowed as follows:
A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial
hearing 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.
B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at
the time these items are heard by the Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission
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. 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
www.mvdeiraybeach.com
1. ROLL CALL.
2. (THIS SPACE INTENTIONALLYLEFT BLANK)
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. ?None
5. PRESENTATIONS:
A. Presentation regarding the City of Delray Beach as a Sports Destination (ADDENDUM)
6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS
FROM THE PUBLIC IMMEDIATELY FOLLOWING PRESENTATIONS:
A. City Manager's response to prior public comments and inquiries
B. From the Public. (Motion to approve the Consent Agenda before moving to Public Hearings.
Approved,5-0)
7. AGENDA APPROVAL. (Motion to place Item 8.L.B., Review of Appealable Land Development
Board Actions/Planning and Zoning Board: Final Subdivision Plat Approval for 1001 Hibiscus Lane
Plat on the next available Regular Meeting, Approved, 5-0. Staff requested that Item 8.L.1./Site Plan
Review and Appearance Board (SPRAB)/Atlantic Crossing be removed from the Consent Agenda.
Approved as amended,5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. RESOLUTION NO. 56-13: ABANDONMENT OF WATER EASEMENT
DEED/DELRAY BUICK/GMC: Approve Resolution No. 56-13; abandonment of
a 6' x 12' portion of a Water Easement, dedicated by the plat of Sherwood Pontiac Plat
No. 1, as recorded in Plat Book 83, Pages 61 and 62, for Delray Buick/GMC,located at
2400 South Federal Highway.
B. RENEWAL OF CONTRACT AWARD/DR. CRAIG B. KUSHINIR: Approve
renewal of a contract award in the amount of$22,000 annually to Dr. Craig B. Kushinir
D.O., for the position of Medical Director for the Fire Rescue Department. Funding is
available from 001-2315-526-31.90 (General Fund: Professional Services/Other
Professional Services).
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C. AMENDMENT TO SUBORDINATION POLICY AND PROCEDURES FOR
NEIGHBORHOOD SERVICES DIVISION: Approve an Amendment to the
Subordination Policy and Procedures to be followed by the Neighborhood Services
Division when homeowners assisted by grant funds request that the City subordinates
its second mortgage position.
D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF
THE GREATER PALM BEACHES: Approve and authorize execution of a Sub-
Recipient Funding Agreement with Fair Housing Center of the Greater Palm Beaches
under the Community Development Block Grant (CDBG) program for FY 2013-2014,
with total funding in the amount of $2,000.00 for the Fair Housing Center of the
Greater Palm Beaches. Funding is available from 118-1966-554-82.12 (Neighborhood
Services:Aid to Private Organizations/Fair Housing Center).
E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES (BEACON CENTER AT VILLAGE
ACADEMY ELEMENTARY SCHOOL): Approve and authorize execution of a
Sub-Recipient Funding Agreement with Achievement Centers for Children and Families
under the Community Development Block Grant (CDBG) program for FY 2013-2014,
with total funding in the amount of $52,000.00 in support of the Beacon Center at
Village Academy Elementary School. Funding is available from 001-4111-572-83.01
(General Fund: Other Grants &Aid).
F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/LEGAL AID SOCIETY OF PALM
BEACH COUNTY, INC. Approve and authorize execution of a Sub-Recipient
Funding Agreement with Legal Aid Society of Palm Beach County, Inc. under the
Community Development Block Grant (CDBG) program for FY 2013-2014,with total
funding in the amount of $4,000.00. Funding is available from 118-1966-554-82.12
(Neighborhood Services:Aid to Private Organizations/Fair Housing Center).
G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR
CHILDREN AND FAMILIES (MAIN FACILITY AND VILLAGE
ACADEMY): Approve and authorize execution of a Sub-Recipient Funding
Agreement with the Achievement Centers for Children and Families (ACCF) under the
Community Development Block Grant (CDBG) program for FY 2013-2014, with total
funding in the amount of$56,033.00 for the Center's main facility and Village Academy.
Funding is available from 118-1966-554-82.09 (Neighborhood Services:Aid to Private
Organizations/Child Care Center).
H. CONSENT TO ASSIGNMENT MUCKY DENT BASEBALL SCHOOL, INC.:
Approve the Consent to Assignment from Bucky Dent Baseball School, Inc. to Elev8
Sports Institute,Inc.
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1. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/ELEV8
SPORTS INSTITUTE, INC.: Approve Amendment No. 1 to the Lease
Agreement with Elev8 Sports Institute, Inc., for the use of Robert P. Miller Park
and Currie Commons Park.
I. LICENSE AGREEMENT/MAE VOLEN SENIOR CENTER, INC.: Approve
a license agreement with Mae Volen Senior Center, Inc. for the use of the building and
the parking lot at the Western Community Center for a term of one (1) year.
J. ANNUAL PERFORMANCE BONUS[JCD SPORTS GROUP, INC.: Approve
FY 2012/2013 bonus payments to JCD Sports Group, Inc. for golf course operations in
the amount of $11,134.80 and for Tennis Center operations in the amount of
$5,583.60. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf
Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course:
Other Contractual Service) and 001-4215-575-34.90 (General Fund: Operating
Expenses-Miscellaneous/Other Contractual Service).
K. PROCLAMATIONS:
1. None
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 18, 2013 through November 27, 2013.
1. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Midrange Support& Service, Inc., in the amount of$44,900
via State Contract #250-000-09-1. Midrange Support & Service, Inc. was the
reseller for the iSeries and has provided continued support. Funding is available
from multiple accounts.
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/KAAB NURSING SCHOOL: Consider a
conditional use request to allow the establishment of a vocational nursing school for
Kaab Nursing School,within the Congress Park Development, located on the west side
of South Congress Avenue, south of West Atlantic Avenue. The proposed use will
occupy a 4,100 sq. ft. tenant space located on the second floor of the existing 3-story
office building at 220 Congress Park Drive within the office park. (Quasi-judicial
Hearing)(Motion to adopt board order as presented;Approved, 5-0)
B. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve a two (2) year term ending July 31, 2015 to the Police Advisory
Board. Based on the rotation system, the appointment will be made by Commissioner
Petrolia (Seat#1). (Appointed John Jackson and approved 5-0)
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C. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Approve an appointment to the Police &
Firefighters Retirement System Board of Trustees. (Appointed Jack Warner and approved
5-0)
10. PUBLIC HEARINGS:
A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT (CAPER). Consider approval of the 2012-2013 Consolidated Annual
Performance and Evaluation Report required by the United States Department of
Housing& Urban Development (HUD) for utilization of federal grant funds. (Motion to
approve;Approved, 5-0)
B. ORDINANCE NO. 31-13: Consider an amendment to Chapter 113, "Alcoholic
Beverages", of the Code of Ordinances by amending Section 113.15, "Hours of Sale
and Consumption; Exemption", to remove the restriction of selling alcoholic beverages
on Sunday morning. (Motion to approve;Approved,5-0)
C. ORDINANCE NO. 32-13: Provide for Charter revisions by amending Section 3.12,
"Procedure", to provide clarification regarding the voting procedure; providing for a
referendum on March 11, 2014. (Motion to approve;Approved, 5-0)
D. ORDINANCE NO. 33-13: Consider an amendment to the Code of Ordinances by
repealing Chapter 119, "Vehicles for Hire", in its entirety and enacting a new Chapter
119 in its place, in order to adopt, by reference, the Palm Beach County provisions
regarding the same. (Motion to approve Ordinance No. 33-13)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 27, 2013
******Meeting adjourned at 8.27p.m.
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