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City Commission

October 1, 2024 ·6:00 PM Final ·Regular Meeting at 6:00 PM

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

Agenda PDF 📹 Watch video Official record ↗

Agenda — 49 items

  1. 1. ROLL CALL
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG
  3. 3. AGENDA APPROVAL approved as amended Pass ▶ jump to 0:50
  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 ▶ jump to 1:38
  9. 5.B. From the Public ▶ jump to 16:35
  10. 6. CONSENT AGENDA: City Manager Recommends Approval approved Pass ▶ jump to 38:47
  11. 6.A. CITY COMMISSION MEETING MINUTES 24-1313 approved
  12. 6.B. REVIEW AND ADOPTION OF DELRAY BEACH CITY COMMISSION LOCAL RULES OF PROCEDURE AND QUASI-JUDICIAL RULES 24-1327 approved
  13. 6.C. APPROVAL OF AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY 24-1334 approved
  14. 6.D. APPROVAL OF A LETTER OF AGREEMENT (LOA) WITH THE FLORIDA AGENCY FOR HEALTHCARE ADMINISTRATION (AHCA) FOR PARTICIPATION IN THE MANAGED CARE ORGANIZATION (MCO) PORTION OF THE PUBLIC EMERGENCY MEDICAL TRANSPORTATION (PEMT) PROGRAM. 24-1344 approved
  15. 6.E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) 24-1318 approved
  16. 6.F. APPROVAL OF A TRI-PARTY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY FOR SURFACE CROSSING WORK AT CROSSING NUMBER 628159H, ALSO IDENTIFIED AS 10TH STREET, ALONG THE SOUTH FLORIDA RAIL CORRIDOR 24-1314 approved
  17. 6.G. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 603 ANDREWS AVE. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 310 NE 1ST AVE. ITEM(S) B1 - ACCEPTANCE OF AN UNDERGROUND EASEMENT BY CITY OF DELRAY BEACH 24-1289 approved
  18. 6.H. ITEM A1 - ACCEPTANCE OF A SEWER EASEMENT FOR 13029 BARWICK ROAD. 24-1272 approved
  19. 6.I. PROCLAMATIONS:
  20. 6.I.1. PROCLAMATION FOR FLORIDA CLIMATE WEEK 2024 24-1323 approved
  21. 6.I.2. INDIGENOUS PEOPLES DAY - OCTOBER 14, 2024 24-1319 approved
  22. 6.I.3. PEDESTRIAN SAFETY MONTH PROCLAMATION 24-1320 approved
  23. 6.I.4. PROCLAMATION FOR FIRE PREVENTION MONTH 2024 24-1321 approved
  24. 6.I.5. PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS NATIONAL COMMUNITY PLANNING MONTH 24-1322 approved
  25. 6.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
  26. 6.J.1. None
  27. 6.K. AWARD OF BIDS AND CONTRACTS:
  28. 6.K.1. APPROVAL OF RESOLUTION NO. 170-24 TO AWARD AN AGREEMENT TO DEV-LAND DEMOLITION & SITE, INC. FOR LIME SLUDGE REMOVAL AND DISPOSAL IN A TOTAL AMOUNT NOT TO EXCEED $3,003,750 ($600,750 RESPECTIVELY PER YEAR), VALID THROUGH SEPTEMBER 30, 2029. 24-1196 approved
  29. 7. REGULAR AGENDA:
  30. 7.A. RESOLUTION NO. 176-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST TO UTILIZE THE ART DECO ARCHITECTURAL STYLE FOR THE PROJECT LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-1189 approved Pass ▶ jump to 39:40
  31. 7.B. RESOLUTION NO. 177-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(E)(2)(a) OF THE LAND DEVELOPMENT REGULATIONS ALLOWING A STREETSCAPE WIDTH OF 11 FEET 2 INCHES FOR THE PROJECT LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) RESOLUTION NO. 178-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(D)(2)(a)1. OF THE LAND DEVELOPMENT REGULATIONS ALLOWING NO FRONT SETBACK FOR A PORTION OF THE PROJECT LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) RESOLUTION NO. 179-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(G)(1)(b) OF THE LAND DEVELOPMENT REGULATIONS REDUCING THE REQUIRED CIVIC OPEN SPACE FROM 841 SQUARE FEET TO 778 SQUARE FEET FOR THE PROJECT LOCATED AT 306 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-1188
  32. 7.C. RESOLUTION NO. 192-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN APPEAL PURSUANT SECTION 5.3.1(A)(7) OF THE LAND DEVELOPMENT REGULATIONS; GRANTING A REDUCTION IN RIGHT OF WAY WIDTH FOR SE 8TH STREET AND ELIMINATING THE REQUIRED RIGHT-OF-WAY DEDICATION FOR THE PROPERTY LOCATED AT 731 SE 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-1275 approved as amended Pass ▶ jump to 121:28
  33. 7.D. RESOLUTION 194-24: 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 1, 2025; 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 24-1287 approved Pass ▶ jump to 169:51
  34. 7.E. CONSIDERATION OF CITY MANAGER'S MERIT INCREASE PURSUANT TO CONTRACT 24-931 approved Pass ▶ jump to 173:16
  35. 7.F. NOMINATION FOR APPOINTMENT TO THE GENERAL EMPLOYEES' RETIREMENT FUND COMMITTEE. BASED ON THE ROTATION SYSTEM, AN APPOINTMENT TO SERVE A TERM ENDING SEPTEMBER 30, 2028, WILL BE MADE BY DEPUTY VICE-MAYOR LONG (SEAT #2). 24-1337 approved Pass ▶ jump to 178:45
  36. 7.G. NOMINATIONS FOR APPOINTMENTS TO THE BOARD OF TRUSTEES FOR THE POLICE RETIREMENT SYSTEMS BOARD. BASED ON THE ROTATION SYSTEM, APPOINTMENT TO SERVE AN INITIAL TERM OF THREE (3) YEARS ENDING OCTOBER 31, 2027, WILL BE MADE BY COMMISSIONER BURNS (SEAT #4). BASED ON THE ROTATION SYSTEM, APPOINTMENT TO SERVE AN INITIAL TERM OF FOUR (4) YEARS ENDING OCTOBER 31, 2028, WILL BE MADE BY MAYOR CARNEY (SEAT #5). 24-1335 ▶ jump to 179:10
  37. 7.H. NOMINATION FOR APPOINTMENT TO THE BOARD OF TRUSTEES FOR THE FIREFIGHTERS RETIREMENT SYSTEM BOARD. BASED ON THE ROTATION SYSTEM, APPOINTMENT TO SERVE AN INITIAL TERM OF THREE (3) YEARS ENDING OCTOBER 31, 2027, WILL BE MADE BY COMMISSIONER BURNS (SEAT #4). BASED ON THE ROTATION SYSTEM, APPOINTMENT TO SERVE AN INITIAL TERM OF FOUR (4) YEARS ENDING OCTOBER 31, 2028, WILL BE MADE BY MAYOR CARNEY (SEAT #5). 24-1336 ▶ jump to 179:45
  38. 8. PUBLIC HEARINGS/SECOND READINGS:
  39. 8.A. ORDINANCE NO. 26-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, UPDATING THE CAPITAL IMPROVEMENT PLAN SCHEDULE IN THE COMPREHENSIVE PLAN OF THE CITY OF DELRAY BEACH FOR FY 2024-25 TO FY 2028-29 IN ACCORDANCE WITH THE REQUIREMENTS OF POLICIES CIE 1.2.1 AND CIE 1.2.6 OF THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING) 24-1085 approved Pass ▶ jump to 180:19
  40. 8.B. ORDINANCE NO. 02-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE 5, “PUBLIC WORKS,” CHAPTER 52, "WATER". (SECOND READING) 24-1253 ▶ jump to 185:04
  41. 9. FIRST READINGS:
  42. 9.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.(FIRST READING) 24-882 approved on first reading Pass ▶ jump to 185:56
  43. 9.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 WITH THE APPROPRIATE REVIEWING BODY TO BE CONSISTENT WITH CHAPTER 2 OF THE LAND DEVELOPMENT REGULATIONS 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,” TO CREATE A SINGLE CATEGORY FOR 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. (FIRST READING) 24-1148 approved on first reading Pass
  44. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: ▶ jump to 187:24
  45. A. City Manager
  46. B. City Attorney ▶ jump to 193:19
  47. C. City Commission ▶ jump to 193:38
  48. 11. ADJOURNMENT ▶ jump to 212:30
  49. 49 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.