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City Commission

August 19, 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 — 56 items

  1. 1. ROLL CALL ▶ jump to 0:16
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG ▶ jump to 0:35
  3. 3. AGENDA APPROVAL approved as amended Pass ▶ jump to 0:58
  4. 3.A. Additions, Deletions, Substitutions
  5. 4. PRESENTATIONS:
  6. 4.A. UPDATE REGARDING POINT IN TIME HOMELESSNESS IN DELRAY BEACH 24-1138 ▶ jump to 3:32
  7. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: ▶ jump to 15:56
  8. 5.A. City Manager's response to prior public comments and inquiries ▶ jump to 15:58
  9. 5.A.1. PROGRESS UPDATE REGARDING FROG ALLEY HISTORIC DISTRICT DESIGNATION CONSIDERATIONS 24-1136 ▶ jump to 16:37
  10. 5.B. From the Public ▶ jump to 18:08
  11. 6. CONSENT AGENDA: City Manager Recommends Approval approved as amended Pass
  12. 6.A. CITY COMMISSION MEETING MINUTES 24-1058 approved
  13. 6.B. APPROVAL OF A POLICY FOR THE USE OF OPIOID LITIGATION SETTLEMENT FUNDS 24-998 ▶ jump to 48:26
  14. 6.C. APPROVAL OF THE DEFERRED COMPENSATION PLANS COMMITTEE BYLAWS ESTABLISHING POLICIES AND PROCEDURES 24-1063
  15. 6.D. RESOLUTION NO. 152-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO HORIZON GENERAL CONTRACTING & DEVELOPMENT, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-005; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-1033 approved
  16. 6.E. RESOLUTION NO. 153-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO CJ CONTRACTING, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-015; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-1005 approved
  17. 6.F. RESOLUTION NO. 154-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO CJ CONTRACTING, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH COMMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-018; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-1035 approved
  18. 6.G. RESOLUTION NO. 155-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO HORIZON GENERAL CONTRACTING & DEVELOPMENT, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH URBAN DEVELOPMENT ACTION GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-012; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-1014 approved
  19. 6.H. RESOLUTION NO. 156-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ISSUANCE OF A PURCHASE ORDER TO HORIZON GENERAL CONTRACTING & DEVELOPMENT, LLC, FOR HOME REHABILITATION CONSTRUCTION SERVICES FOR THE CITY OF DELRAY BEACH URBAN DEVELOPMENT ACTION GRANT PROGRAM, PURSUANT TO QUICK QUOTE NO. 2024-013; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-1036 approved
  20. 6.I. PURCHASE ASSISTANCE GRANT AWARD TO MS. EBONY OLIVIER 111 STONE HARBOR WAY, UNIT F1 IN THE AMOUNT OF $69,250 24-1037 approved
  21. 6.J. INTERLOCAL AGREEMENT FORMING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM (CONSORTIUM) BY AND BETWEEN PALM BEACH COUNTY (COUNTY) A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND THE CITY OF DELRAY BEACH, THE CITY OF PALM BEACH GARDENS, THE CITY OF SOUTH BAY AND THE CITY OF WEST PALM BEACH FOR THE PURPOSE OF ESTABLISHING AN ISD AND TO IMPLEMENT FEDERAL AND STATE WORKFORCE DEVELOPMENT PROGRAMS AND RELATED ACTIVITIES IN PALM BEACH COUNTY, FLORIDA UNDER THE PROVISIONS OF THE WORKFORCE INNOVATION AND OPPORTUNITY ACT, THE TEMPORARY ASSISTANCE TO NEEDY FAMILIES ACT, THE WAGNER-PEYSER ACT AND THE FLORIDA WORKFORCE INNOVATION ACT OF 2000 ('WORKFORCE PROGRAMS"). 24-1038 approved
  22. 6.K. STATE PLAN OF OPERATIONS AGREEMENT BETWEEN THE STATE OF FLORIDA AND THE DELRAY BEACH POLICE DEPARTMENT 24-1078 approved
  23. 6.L. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 1132 NE 9TH AVE. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 301 NE 7th AVE. 24-1011 approved
  24. 6.M. APPROVAL FOR ADDITIONAL SPENDING TO RFP 2022-038 WITH ONE PARKING, INC., FOR COMPREHENSIVE PARKING MANAGEMENT SERVICES IN THE AMOUNT OF $154,155 FOR A REVISED TOTAL OF $5,499,583 24-1022 approved
  25. 6.N. APPROVAL OF ADDITIONAL SPENDING FOR AGREEMENT P2024-004 WITH AL PACKER, INC., AND SCHUMACHER AUTOMOTIVE DELRAY, LLC. FOR THE PURCHASE OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) AUTOMOTIVE PARTS, SUPPLIES, AND SERVICES IN THE AMOUNT OF $60,000 FOR A REVISED TOTAL OF $220,000.00. 24-1074 approved
  26. 6.O. PROCLAMATIONS:
  27. 6.O.1. OBSERVANCE OF LABOR DAY PROCLAMATION 24-1077 approved
  28. 6.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: approved
  29. 6.P.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM JULY 15, 2024 THROUGH AUGUST 9, 2024. 24-1017 approved
  30. 6.Q. AWARD OF BIDS AND CONTRACTS:
  31. 6.Q.1. APPROVAL OF RESOLUTION NO. 158-24 FOR ISSUANCE OF PURCHASE ORDER FOR THREE (3) 40Kw DIESEL GENERATORS (RESPECTIVELY $58,112 EACH), FROM TRADEWINDS POWER CORPORATION, UTILIZING FLORIDA SHERRIF’S ASSOCIATION (FSA) CONTRACT NO. FSA23-EQU21.0 EQUIPMENT SOLICITATION UNDER THE COOPERATIVE PURCHASING PROGRAM, IN A TOTAL AMOUNT OF $174,336 FOR FISCAL YEAR 23-24. 24-1020 approved
  32. 6.Q.2. APPROVAL OF RESOLUTION NO. 159-24 TO AWARD AN AGREEMENT WITH JF ACQUISITION, LLC DBA JF PETROLEUM GROUP FOR ABOVEGROUND FUEL & FLUID STORAGE WITH RELATED HARDWARE, SOFTWARE AND SERVICES UTILIZING SOURCEWELL CONTRACT NO. 092920-JFA IN THE AMOUNT OF $282,535.75 24-1076
  33. 6.Q.3. APPROVAL OF RESOLUTION NO. 164-24 TO AWARD AN AGREEMENT TO M&M ASPHALT MAINTENANCE, INC. DBA ALL COUNTY PAVING FOR CONSTRUCTION SERVICES FOR THE NORTH SWINTON AVENUE ROADWAY UNDERGROUND UTILITY IMPROVEMENTS PROJECT PURSUANT TO INVITATION TO BID CONSTRUCTION (ITBC) 2024-010 IN THE AMOUNT OF $8,272,797.51 24-1075 approved Pass ▶ jump to 53:53
  34. 6.Q.4. APPROVAL OF RESOLUTION NO. 167-24 TO APPROVE A BID WAIVER AND AWARD AN AGREEMENT WITH PLANNING/DESIGN INC. DBA SANFORD GOLF DESIGN FOR PROFESSIONAL DESIGN AND CONSTRUCTION SUPPORT SERVICES FOR THE DELRAY BEACH MUNICIPAL GOLF COURSE RENOVATION PROJECT IN A NOT-TO-EXCEED AMOUNT OF $2,092,618 IN TWO PHASES OF $1,336,528 FOR COMPLETED DESIGN AND PROJECT MANAGEMENT, AND $756,090 FOR CONSTRUCTION OVERSIGHT SERVICES 24-1116 approved Pass ▶ jump to 56:29
  35. 6.Q.5. RESOLUTION NO. 135-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH CIVICPLUS, LLC., UTILIZING AN APPROVED CITY STANDARD FOR THE CODE OF ORDINANCES WEBSITE HOSTING SERVICES; 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. 24-1129 approved
  36. 6.Q.6. APPROVAL OF RESOLUTION NO. 99-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH C.A.P. GOVERNMENT, INC., FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; 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. APPROVAL OF RESOLUTION NO. 100-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT WITH GFA INTERNATIONAL, INC. DBA UNIVERSAL ENGINEERING SCIENCES FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; 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. APPROVAL RESOLUTION NO. 101-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AN AGREEMENT WITH MT CAUSLEY, INC., FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. APPROVAL RESOLUTION NO. 102-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AN AGREEMENT WITH WILLDAN ENGINEERING, INC. FOR INSPECTION, PLAN REVIEW, AND DEVELOPMENT SERVICES PURSUANT TO ITB 2024-041; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND/OR RENEWALS THERETO AND TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-1135 approved
  37. 7. REGULAR AGENDA:
  38. 7.A. RESOLUTION NO. 162-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONDITIONAL USE TO ALLOW FREE-STANDING MULTIPLE-FAMILY HOUSING IN THE GENERAL COMMERCIAL ZONING DISTRICT; APPROVING A WAIVER REQUEST TO SECTION 4.6.9(D)(6)(d) OF THE LAND DEVELOPMENT REGULATIONS FOR A 22-FOOT WIDE DRIVE AISLE; APPROVING A WAIVER REQUEST TO SECTION 4.3.3(O)(4)(b) OF THE LAND DEVELOPMENT REGULATIONS FOR A TOWNHOUSE-TYPE RESIDENTIAL BUILDING WITH AN OVERALL LENGTH OF 222 FEET, 8 INCHES; APPROVING AN INTERNAL ADJUSTMENT REQUEST FOR A DISTANCE OF 30 FEET BETWEEN RESIDENTIAL BUILDINGS; AND APPROVING A LEVEL 4 SITE PLAN, LANDSCAPE PLAN, AND ARCHITECTURAL ELEVATIONS FOR THE PROJECT KNOWN AS TROPICS OF DELRAY, LOCATED AT 2400 AND 2410 NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.(QUASI-JUDICIAL HEARING) 24-1029 approved Pass ▶ jump to 64:13
  39. 7.B. RESOLUTION NO. 165-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST TO UTILIZE THE MASONRY MODERN ARCHITECTURAL STYLE FOR THE PROPERTIES LOCATED AT 142 AND 152 SE 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-1027 approved Pass ▶ jump to 106:10
  40. 7.C. NOMINATION FOR AN APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD. BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR AN APPOINTMENT FOR ONE (1) REGULAR MEMBER TO SERVE A TERM ENDING AUGUST 31, 2026, WILL BE MADE BY MAYOR CARNEY (SEAT #1). 24-1095 approved Pass ▶ jump to 125:37
  41. 7.D. 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, 2026, WILL BE MADE BY DEPUTY VICE-MAYOR LONG (SEAT #2). 24-1096 approved Pass ▶ jump to 126:16
  42. 7.E. NOMINATION FOR APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD. BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR ONE (1) REGULAR MEMBER TO SERVE A TERM ENDING JULY 31, 2026, WILL BE MADE BY VICE-MAYOR CASALE (SEAT #3). 24-1130 ▶ jump to 126:31
  43. 7.F. RESOLUTION 160-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS THE 13TH ANNUAL WITCHES OF DELRAY CHARITY BIKE RIDE TO BE HELD OCTOBER 26, 2024; 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. 24-980 approved Pass ▶ jump to 127:04
  44. 7.G. APPROVAL OF RESOLUTION NO. 124-24 APPROVING THE OLD SCHOOL SQUARE RE-BRANDING PACKAGE SUBMITTED BY THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY FOR USE IN MARKETING OF THE OLD SCHOOL SQUARE CAMPUS. 24-696 ▶ jump to 127:43
  45. 8. PUBLIC HEARINGS/SECOND READINGS:
  46. 8.A. ORDINANCE NO. 21-24: 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 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.6, “NOTICE REQUIREMENTS,” SECTION 2.6.3, “REQUIRED PUBLIC NOTICE,” BY ENACTING A NEW SUBSECTION (H), “WAIVERS” TO ADD PUBLIC NOTICE REQUIREMENTS FOR WAIVER REQUESTS THAT REQUIRE CITY COMMISSION APPROVAL, PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING) 24-974 approved Pass ▶ jump to 163:03
  47. 8.B. ORDINANCE NO. 23-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH CHAPTER 53, “SANITARY SEWERS,” SECTION 53.004, “ABBREVIATIONS; DEFINITIONS,” TO ADOPT DEFINITIONS FOR HAZARDOUS WASTE PHARMACEUTICALS, HEALTHCARE FACILITY, PHARMACEUTICAL, AND REVERSE DISTRIBUTOR, AND TO CORRECT NUMBERING; AMENDING SECTION 53.051, “PROHIBITED DISCHARGES TO SEWERS,” TO ADD HAZARDOUS WASTE PHARMACEUTICALS TO THE LIST OF SUBSTANCES PROHIBITED FROM BEING INTRODUCED TO THE TREATMENT WORKS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) 24-1100 approved Pass ▶ jump to 165:16
  48. 8.C. ORDINANCE NO. 24-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH CHAPTER 53, “SANITARY SEWERS,” SECTION 53.058, “RESERVED,” TO ENACT A NEW SECTION 53.058, “DENTAL FACILITIES THAT REMOVE OR REPLACE AMALGAM FILLINGS,” PROVIDING FOR LOCAL IMPLEMENTATION OF THE EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR DENTAL CATEGORY ADOPTED BY THE STATE OF FLORIDA; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (SECOND READING) 24-1101 approved Pass ▶ jump to 165:57
  49. 9. FIRST READINGS:
  50. 9.A. None
  51. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
  52. A. City Manager
  53. B. City Attorney
  54. C. City Commission ▶ jump to 167:39
  55. 11. ADJOURNMENT ▶ jump to 188:12
  56. 56 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.