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City Commission

June 3, 2025 ·5:00 PM Final ·Regular Meeting at 5:00 PM

Delray Beach City Hall or Watch on YouTube: https://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/streams

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 57 items

  1. 1. ROLL CALL ▶ jump to 0:30
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG ▶ jump to 0:34
  3. 3. AGENDA APPROVAL ▶ jump to 0:55
  4. 3.A. Additions, Deletions, Substitutions
  5. 4. PRESENTATIONS:
  6. 4.A. PROCLAMATION IN MEMORY OF KERRY B. KOEN, RETIRED FIRE CHIEF 25-665 ▶ jump to 1:11
  7. 4.B. UPDATE FROM MARK DEARMAN REGARDING THE PFAS LITIGATION SETTLEMENT 25-721 ▶ jump to 4:18
  8. 4.C. LEGISLATIVE UPDATE BY SENATOR LORI BERMAN AND REPRESENTATIVE CASELLO 25-653 ▶ jump to 4:27
  9. 4.D. PRESENTATION OF THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) 25-722 ▶ jump to 4:43
  10. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
  11. 5.A. City Manager's response to inquiries and highlights ▶ jump to 30:26
  12. 5.B. From the Public ▶ jump to 32:00
  13. 6. CONSENT AGENDA: City Manager Recommends Approval ▶ jump to 61:09
  14. 6.A. CITY COMMISSION MEETING MINUTES 25-693 approved
  15. 6.B. RESOLUTION 100-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN ANNUAL SPECIAL EVENT PERMIT FOR A SERIES OF IMPACT EVENTS KNOWN AS “ART & JAZZ ON THE AVENUE 2025” TO BE HELD ON JULY 23, 2025, SEPTEMBER 10, 2025 AND OCTOBER 22, 2025; AUTHORIZING THE CLOSURE OF CERTAIN CITY RIGHT OF WAYS AS MORE SPECIFICALLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 25-567 approved
  16. 6.C. RESOLUTION NO. 101-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS THE 37th ANNUAL DOWNTOWN DELRAY BEACH FESTIVAL OF THE ARTS TO BE HELD JANUARY 10-11, 2026; AUTHORIZING THE CLOSURE OF WEST ATLANTIC AVENUE FROM NW 5TH AVENUE TO SWINTON AVENUE AS MORE SPECIFICALLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 25-566 approved
  17. 6.D. RESOLUTION NO. 119-25 AMENDING THE FISCAL YEAR 2024-25 BUDGET ADOPTED BY RESOLUTION NO.175-24 ON SEPTEMBER 16, 2024. 25-723 approved
  18. 6.E. REQUEST TO APPROVE HOST FACILITY AGREEMENT BETWEEN THE UNITED STATES TENNIS ASSOCIATION INC. AND THE CITY OF DELRAY BEACH TO HOST AND SPONSOR THE DAVIS CUP TIE EVENT SEPTEMBER 12-13, 2025 IN A NOT TO EXCEED AMOUNT OF $490,000 (includes in-kind services and waived fees) AT THE DELRAY BEACH TENNIS CENTER. 25-708 approved
  19. 6.F. APPROVAL TO APPLY FOR THE HEALTHY KIDS INITIATIVE PLAYGROUND GRANT 25-724 approved
  20. 6.G. INTERLOCAL AGREEMENT (ILA) BETWEEN THE CITY OF DELRAY BEACH AND PALM BEACH COUNTY (PBC) FOR THE UPCOMING SHORELINE PROTECTION PROJECT, SUPPORTING THE WINTER 2025 / 2026 US ARMY CORPS OF ENGINEERS (USACE) FLOOD CONTROL AND COASTAL EMERGENCY (FCCE) AND BEACH RENOURISHMENT PROJECT (PROJECT NO. 17-081) 25-676 approved
  21. 6.H. APPROVAL FOR ADDITIONAL SPENDING ON SOLE SOURCE NO. SS2024-006 WITH KELLY TRACTOR COMPANY FOR ORIGINAL EQUIPMENT MANUFACTURER (OEM) PARTS AND RELATED SERVICE FOR CATERPILLAR EQUIPMENT IN THE AMOUNT OF $10,000 FOR A REVISED TOTAL VALUE OF $30,000.00 25-685 approved
  22. 6.I. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 15 NE 16th CT. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 202 NE 5TH TER. ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 222 SE 5TH ST. ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 238 SW 2ND AVE. ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 327 SE 3RD AVE. 25-591 approved
  23. 6.J. ITEM A1 - ACCEPTANCE OF A WATER AND SEWER UTILITY EASEMENT FOR 410 ENFIELD TERRACE. 25-595 approved
  24. 6.K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 28, 2025, AND APPROVAL OF THE FY2025/2026 PROPOSED BUDGET. 25-669 approved
  25. 6.L. MOTION TO CORRECT THE SCRIVENER'S ERROR ON RESOLUTION 60-25 ADOPTED AT THE MAY 20,2025 CITY COMMISSION MEETING. 25-749 approved
  26. 6.M. PROCLAMATIONS:
  27. 6.M.1. GUN VIOLENCE AWARENESS DAY PROCLAMATION 25-690 approved
  28. 6.M.2. PROCLAMATION LGBTQ PRIDE MONTH 25-586 approved ▶ jump to 62:34
  29. 6.M.3. PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 2-6, 2025 AS CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK 25-594 approved
  30. 6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
  31. 6.N.1. None
  32. 6.O. AWARD OF BIDS AND CONTRACTS:
  33. 6.O.1. APPROVAL OF RESOLUTION NO. 48-25 TO AUTHORIZE A NEW FIVE-YEAR AGREEMENT WITH EMS TECHNOLOGY SOLUTIONS, LLC FOR THE OPERATIVE IQ PROGRAM, DESIGNATED AS A CITY STANDARD FOR THE DELRAY BEACH FIRE RESCUE DEPARTMENT 25-641 approved
  34. 6.O.2. APPROVAL OF RESOLUTION NO. 63-25 TO AUTHORIZE AN AGREEMENT WITH CINTAS CORPORATION NO. 2 FOR PURCHASE FIRE RESCUE RELATED FACILITY SERVICES AND SUPPLIES. 25-643 approved
  35. 6.O.3. APPROVAL OF RESOLUTION NO. 91-25 TO AWARD AN AGREEMENT WITH GENUINE PARTS COMPANY DBA NAPA AUTO PARTS FOR THE PURCHASE OF AFTERMARKET VEHICLE PARTS AND SUPPLIES UTILIZING SOURCEWELL RFP NO. 100124 IN THE AMOUNT OF $140,000.00 25-679 approved
  36. 6.O.4. APPROVAL OF RESOLUTIONS NO. 97-25, 98-25, AND 99-25 TO AWARD AGREEMENTS TO CJ CONTRACTING, LLC, I.Q. CONSTRUCTION, INC., AND WAYPOINT CONTRACTING, INC. FOR GENERAL CONTRACTOR SERVICES FOR MINOR CONSTRUCTION PROJECTS PURSUANT TO INVITATION TO BID (ITB) 2025-028 IN THE AMOUNT OF $1,000,000.00 25-680 approved
  37. 6.O.5. APPROVAL OF RESOLUTION NO. 104-25 TO AWARD AN AGREEMENT WITH MIDWEST MOTOR SUPPLY CO., DBA KIMBALL MIDWEST FOR THE PURCHASE OF MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, EQUIPMENT, AND RELATED PRODUCTS AND SERVICES UTILIZING REGION 4 ESC/OMNIA PARTNERS REQUEST FOR PROPOSAL (RFP) NO. 24-08 IN THE AMOUNT OF $86,000.00 25-682 approved
  38. 7. REGULAR AGENDA:
  39. 7.A. RESOLUTION NO. 94-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(D)(1)(b)1. b. OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW AN AWNING TO ENCROACH INTO THE FRONT SETBACK 9 FEET 7 INCHES, WHEREAS THE MAXIMUM ALLOWABLE ENCROACHMENT IS 4 FEET, FOR THE PROJECT LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) RESOLUTION NO. 95-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(E)(2)(a)1. OF THE LAND DEVELOPMENT REGULATIONS TO REDUCE THE WIDTH OF THE CURB ZONE TO 0 FEET FOR A PORTION OF THE STREETSCAPE, FOR THE PROJECT LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) 25-639 approved ▶ jump to 64:24
  40. 7.B. RESOLUTION NO. 93-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST TO UTILIZE THE CONTEMPORARY FUNCTIONALISM ARCHITECTURAL STYLE FOR THE PROJECT LOCATED AT 109 SE 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) 25-663 approved as amended Pass ▶ jump to 90:53
  41. 7.C. RESOLUTION NO. 110-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN IN-LIEU OF PARKING FEE REQUEST FOR THE PROJECT LOCATED AT 270 EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT CONSISTENT WITH THE APPROVAL HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING) 25-716 approved Pass ▶ jump to 142:54
  42. 7.D. RESOLUTION 103-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS MUSCLE ON THE BEACH TO BE HELD MARCH 7, 2026 IN AND AROUND THE OLD SCHOOL SQUARE CAMPUS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 25-564 approved ▶ jump to 156:20
  43. 7.E. RESOLUTION 102-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A SPECIAL EVENT SPONSORSHIP IN AN AMOUNT NOT TO EXCEED $8,000.00 FOR THE SPECIAL EVENT KNOWN AS MUSCLE ON THE BEACH TO BE HELD ON MARCH 7, 2026; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. 25-565 approved
  44. 7.F. NOMINATION FOR AN APPOINTMENT TO THE PLANNING AND ZONING BOARD. BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR AN APPOINTMENT FOR ONE (1) QUALIFIED MEMBER TO SERVE A TERM ENDING AUGUST 31, 2027, WILL BE MADE BY VICE-MAYOR LONG (SEAT #2). 25-711 ▶ jump to 160:46
  45. 8. PUBLIC HEARINGS/SECOND READINGS:
  46. 8.A. ORDINANCE NO. 05-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN AMENDMENT BY AMENDING POLICY NDC 1.4.7 OF THE NEIGHBORHOODS, DISTRICTS, AND CORRIDORS ELEMENT OF THE ALWAYS DELRAY COMPREHENSIVE PLAN TO ALLOW FOR THE COMMERCE LAND USE DESIGNATION ALONG CONGRESS AVENUE SOUTH OF WEST ATLANTIC AVENUE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING/QUASI-JUDICIAL) 25-561 approved Pass ▶ jump to 161:47
  47. 8.B. ORDINANCE NO. 06-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” SUBSECTION (AA), “ADULT ENTERTAINMENT ESTABLISHMENTS,” TO PROHIBIT ADULT ENTERTAINMENT ESTABLISHMENTS SOUTH OF ATLANTIC AVENUE; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) 25-562 approved Pass ▶ jump to 163:34
  48. 8.C. ORDINANCE NO. 02-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT REDESIGNATING A PARCEL OF LAND MEASURING APPROXIMATELY 4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CONGRESS AVENUE MIXED USE TO COMMERCE PURSUANT TO THE PROVISIONS OF THE “COMMUNITY PLANNING ACT”, FLORIDA STATUTES SECTION 163.3187; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/ PUBLIC HEARING) 25-656 approved ▶ jump to 163:57
  49. 8.D. ORDINANCE NO. 01-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND MEASURING APPROXIMATELY 4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM MIXED RESIDENTIAL, OFFICE, AND COMMERCIAL TO MIXED INDUSTRIAL AND COMMERCIAL; AMENDING THE “CITY OF DELRAY BEACH, ZONING MAP, JULY 6, 2021”; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/ PUBLIC HEARING) 25-655 approved Pass ▶ jump to 164:23
  50. 9. FIRST READINGS:
  51. 9.A. None
  52. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
  53. A. City Manager ▶ jump to 194:55
  54. B. City Attorney ▶ jump to 196:09
  55. C. City Commission ▶ jump to 205:19
  56. 11. ADJOURNMENT
  57. 57 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the Human Resources Department at (561) 243-7125 at least 24 hours prior to the program or activity for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.