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City Commission

November 4, 2024 ·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 📹 Watch video Official record ↗

Agenda — 57 items

  1. 1. ROLL CALL
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG ▶ jump to 0:40
  3. 3. AGENDA APPROVAL approved as amended ▶ jump to 2:41
  4. 3.A. Additions, Deletions, Substitutions
  5. 4. PRESENTATIONS:
  6. 4.A None
  7. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
  8. 5.A. City Manager's response to prior public comments and inquiries
  9. 5.A.1. DISCUSSION REGARDING POTENTIAL ENGAGEMENT WITH CITRIN COOPERMAN ADVISORS, LLC FOR THE PROVISION OF PROCESS AND INTERNAL CONTROL ASSESSMENT SERVICES 24-1420 ▶ jump to 3:03
  10. 5.A.2. CODE ENFORCEMENT DIVISION 24-1422 ▶ jump to 14:27
  11. 5.A.3. OVERVIEW OF GRANT OPPORTUNITIES AND RESPECTIVE PROGRAM ADMINISTRATION 24-1421 ▶ jump to 43:03
  12. 5.B. From the Public ▶ jump to 55:26
  13. 6. CONSENT AGENDA: City Manager Recommends Approval ▶ jump to 73:21
  14. 6.A. CITY COMMISSION MEETING MINUTES 24-1407 approved
  15. 6.B. RESOLUTION 201-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS THE 63RD ANNUAL DELRAY AFFAIR TO BE HELD APRIL 4-6, 2025; AUTHORIZING THE CLOSURE OF ATLANTIC AVENUE AND 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. 24-1338 ▶ jump to 73:40
  16. 6.C. RESOLUTION 202-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS THE 16TH ANNUAL SAVOR THE AVENUE TO BE HELD MARCH 24, 2025; AUTHORIZING THE CLOSURE OF ATLANTIC AVENUE FROM SWINTON AVE TO NE/SE 5TH AVE 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. 24-1339 approved
  17. 6.D. RESOLUTION NO. 231-24 APPROVING LETTER OF ENGAGEMENT WITH CITRIN COOPERMAN ADVISORS, LLC FOR THE PROVISION OF PROCESS AND INTERNAL CONTROL ASSESSMENT SERVICES. 24-1501 ▶ jump to 80:06
  18. 6.E. RESOLUTION NO. 210-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO TIMOTHY L. MCKINNEY SR., FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 240 DIXIE BOULEVARD, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.1(J), TAX EXEMPTION FOR HISTORIC PROPERTIES; AND PROVIDING AN EFFECTIVE DATE. 24-1375 approved
  19. 6.F. RESOLUTION NO. 217-24 APPROVING A GRANT OF $140,205.00 FROM THE U.S. CONSUMER PRODUCT SAFETY COMMISSION FOR ITS POOL SAFELY GRANT PROGRAM 24-1373 approved ▶ jump to 84:22
  20. 6.G. APPROVAL OF APPLICATION TO AND AWARD OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FY 2024-25 OCCUPANT PROTECTION/CHILD PASSENGER SAFETY PROGRAM GRANT 24-1371 approved ▶ jump to 85:06
  21. 6.H. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND DEPARTMENT OF NAVY FOR RENTAL OF TWENTY-THREE (23) NIGHT VISION GOGGLES FOR SWAT TEAM 24-1416 approved
  22. 6.I. APPROVAL OF RESOLUTION NO. 222-24 FOR RETROACTIVE APPROVAL OF A GRANT APPLICATION AND APPROVAL OF THE SAFE STREETS AND ROADS FOR ALL GRANT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION (FHWA) FOR THE PREPARATION OF A VISION ZERO ACTION PLAN IN THE AMOUNT OF $300,000. 24-1435 approved
  23. 6.J. APPROVAL OF A LICENSE AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH TO ALLOW THE CITY TO UTILIZE COUNTY OWNED PARKING FACILITIES AT THE SOUTH COUNTY COURTHOUSE DURING SPECIAL EVENTS 24-1434 approved
  24. 6.K. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 1701 N SWINTON AVE. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 720 NW 3RD AVE. ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 104 SEABREEZE AVE. 24-1394 approved
  25. 6.L. ITEM(S) A1, MAINTENANCE OF TRAFFIC PLAN/ ROAD CLOSURE PLAN FOR ARTIST ALLEY BETWEEN OF NE 3RD ST and NE 4TH ST AND NE 3RD AVE AND THE FEC RAILROAD. 24-1451 approved
  26. 6.M. APPROVAL OF ADDITIONAL SPENDING FOR AGREEMENT P2024-011 WITH TOTAL TRUCK PARTS, INC. FOR THE PURCHASE OF HEAVY EQUIPMENT PARTS AND SERVICES IN THE AMOUNT OF $60,000 FOR A REVISED AGREEMENT TOTAL OF $240,000 24-1418 approved
  27. 6.N. PROCLAMATIONS:
  28. 6.N.1. PICKLEBALL MONTH PROCLAMATION 24-1378 approved
  29. 6.N.2. FAMILY COURT AWARENESS MONTH 24-1413 approved
  30. 6.N.3. OBSERVANCE OF VETERANS DAY PROCLAMATION 24-1409 approved
  31. 6.N.4. NATIONAL HUNGER & HOMELESSNESS AWARENESS WEEK PROCLAMATION 24-1412 approved
  32. 6.N.5. PROCLAMATION TO PROMOTE RECYCLING IN PALM BEACH COUNTY AND TO DECLARE NOVEMBER 15, 2024 AS AMERICA RECYCLES DAY. 24-1411 approved
  33. 6.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
  34. 6.O.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM SEPTEMBER 9, 2024 THROUGH OCTOBER 24, 2024. 24-1282 ▶ jump to 82:04
  35. 6.P. AWARD OF BIDS AND CONTRACTS:
  36. 6.P.1. APPROVAL OF RESOLUTION NO. 205-24 TO AWARD A THREE-YEAR AGREEMENT WITH RSC INSURANCE BROKERAGE, INC., FOR EMPLOYEE BENEFITS AND HEALTHCARE CONSULTING SERVICES PURSUANT TO RFP NO. 2024-024 - $406,000. AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES 24-1396 approved
  37. 6.P.2. APPROVAL OF RESOLUTION NO. 227-24 TO AWARD A ONE YEAR AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC., FOR PROFESSIONAL CONSULTING SERVICES IN AN EXECUTIVE SEARCH FOR AN INTERNAL AUDITOR. 24-1461 approved
  38. 6.P.3. APPROVAL OF RESOLUTION NO. 204-24 TO AWARD AN AGREEMENT WITH EAST COAST MULCH CORP. FOR BLOWN MULCH AND INSTALL SERVICES FOR THE PARKS AND RECREATION DEPARTMENT PURSUANT TO INVITATION TO BID 2024-050 IN THE NOT-TO-EXCEED AMOUNT OF $187,500.00 24-1374 approved
  39. 6.P.4. APPROVAL OF RESOLUTION NO. 203-24 TO AWARD AN AGREEMENT TO IN DEPTH, INC., FOR THE CLEANING AND INSPECTION SERVICES OF CLEARWELL AND FINISHED WATER STORAGE TANKS; UTILIZING THE CITY OF FT. LAUDERDALE, ITB NO. 136, COMMERCIAL DIVING SERVICES FOR A TOTAL NOT TO EXCEED CONTRACT VALUE OF $350,000. 24-1387 approved
  40. 6.P.5. APPROVAL OF RESOLUTION NO. 206-24, TO AWARD AN AGREEMENT WITH HINTERLAND GROUP, INC., FOR SANITARY AND SEWER REHABILITATION, UTILIZING THE VILLAGE OF WELLINGTON ITB NO. 202331, ANNUAL DRAINAGE INFRASTRUCTURE INSPECTION, CLEANING AND REPAIR CONTRACT, IN A TOTAL ESTIMATED NOT TO EXCEED VALUE OF $1,600,000 ($400,000 YEAR) RESPECTIVELY. 24-1395 approved
  41. 7. REGULAR AGENDA:
  42. 7.A. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTION FOR FIFTH AVENUE TOWNHOMES FROM OCTOBER 23, 2024. 24-1498 approved ▶ jump to 87:07
  43. 7.B. NOMINATION FOR AN APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY. THE NOMINATION FOR AN APPOINTMENT FOR ONE (1) REGULAR MEMBER TO SERVE AN UNEXPIRED TERM ENDING MARCH 6, 2025, WILL BE MADE BY COMMISSIONER MARKERT (SEAT #1). 24-1439 approved ▶ jump to 88:43
  44. 7.C. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD. BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR ONE (1) QUALIFIED MEMBER TO SERVE A TERM ENDING AUGUST 31, 2025, WILL BE MADE BY COMMISSIONER BURNS (SEAT #4). 24-1476 approved
  45. 8. PUBLIC HEARINGS/SECOND READINGS:
  46. 8.A. ORDINANCE NO. 20-24: 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 BY AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.9, “OFF-STREET PARKING REGULATIONS” TO AMEND THE REQUIREMENTS FOR PARKING FOR GENERAL COMMERCIAL USES TO INCLUDE LIMITED INDOOR DINING ESTABLISHMENTS AND TO CLARIFY THE PARKING REQUIREMENT FOR RESTAURANTS AND STAND ALONE BARS; AMENDING APPENDIX A, “DEFINITIONS,” TO INCLUDE A DEFINITION FOR LIMITED INDOOR DINING ESTABLISHMENT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) 24-1398 approved ▶ jump to 90:03
  47. 8.B. ORDINANCE NO. 05-24: 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 10, “FLOOD DAMAGE CONTROL DISTRICTS AND COASTAL CONSTRUCTION,” ARTICLE 10.1, “ADMINISTRATION,” SECTION 10.1.2, “APPLICABILITY,” TO REFERENCE THE MOST RECENTLY ADOPTED FLOOD INSURANCE STUDY; AMENDING SECTION 10.1.7, “VARIANCES AND APPEALS,” TO REPLACE REFERENCES TO THE BOARD OF ADJUSTMENT FOR APPEALS TO FLOODPLAIN MANAGEMENT REGULATIONS WITH THE APPROPRIATE REVIEWING BODY FOR CONSISTENCY WITH CHAPTER 2 AND UPDATING THE FLORIDA BUILDING CODE CHAPTER CITATION FOR HISTORIC STRUCTURES; AMENDING ARTICLE 10.2, “DEFINITIONS,” SECTION 10.2.2, “DEFINITIONS,” BY DELETING THE DEFINITIONS FOR “EXISTING MANUFACTURED HOME PARK OR SUBDIVISION,” “EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION,” AND “NEW MANUFACTURED HOME PARK OR SUBDIVISION,” FOR CONSISTENCY WITH STATE FLOODPLAIN REQUIREMENTS FOR ALL MANUFACTURED HOMES, AND BY AMENDING THE DEFINITIONS FOR “COASTAL HIGH HAZARD AREA,” “HISTORIC STRUCTURE,” AND “MARKET VALUE,” TO BE CONSISTENT WITH INDUSTRY STANDARDS; AND AMENDING ARTICLE 10.3, “FLOOD RESISTANT DEVELOPMENT,” SECTION 10.3.4, “MANUFACTURED HOMES,” TO CREATE A UNIFORM ELEVATION FOR ALL MANUFACTURED HOMES IN FLOOD HAZARD AREAS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) 24-1149 approved ▶ jump to 105:35
  48. 8.C. ORDINANCE NO. 28-24: 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 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.16, “LANDSCAPE REGULATIONS,” SUBSECTION (I), “MINIMUM MAINTENANCE REQUIREMENTS,” TO REMOVE EXISTING FERTILIZER USE REGULATIONS AND TO CREATE A NEW SUBSECTION (J), “FERTILIZER MANAGEMENT,” TO ESTABLISH NEW FERTILIZER USE REGULATIONS AND ASSOCIATED DEFINITIONS PURSUANT TO THE REQUIREMENTS OF FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING) 24-1397 approved ▶ jump to 111:58
  49. 9. FIRST READINGS:
  50. 9.A. None
  51. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
  52. A. City Manager
  53. 10.A.1. DISCUSSION REGARDING CONTENT FOR THE NOVEMBER 19TH OPIOID POLICY WORKSHOP MEETING 24-1521 ▶ jump to 120:48
  54. B. City Attorney ▶ jump to 133:49
  55. C. City Commission ▶ jump to 133:52
  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.