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City Commission

June 18, 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 — 55 items

  1. 1. ROLL CALL
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG ▶ jump to 0:39
  3. 3. AGENDA APPROVAL approved as amended Pass ▶ jump to 0:41
  4. 3.A. Additions, Deletions, Substitutions
  5. 4. PRESENTATIONS:
  6. 4.A. PRESENTATION BY THE INDEPENDENT CPA FIRM OF MARCUM LLP OF THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2023. 24-798 ▶ jump to 2:00
  7. 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: ▶ jump to 20:12
  8. 5.A. City Manager's response to prior public comments and inquiries ▶ jump to 20:30
  9. 5.B. From the Public ▶ jump to 35:10
  10. 6. CONSENT AGENDA: City Manager Recommends Approval approved as amended Pass
  11. 6.A. CITY COMMISSION MEETING MINUTES 24-824 approved
  12. 6.B. RESOLUTION NO. 125-24 AMENDING THE FISCAL YEAR 2023-24 BUDGET ADOPTED BY RESOLUTION NO.145-23 ON SEPTEMBER 18, 2023. 24-794 approved ▶ jump to 45:27
  13. 6.C. RESOLUTION 127-24 TO ALLOW CITY MANAGER TO EXECUTE SHIP AGREEMENTS UNDER LOCAL HOUSING ASSISTANCE PLAN (LHAP) 24-791 approved
  14. 6.D. REQUEST FOR PERMISSION TO APPLY FOR POOL SAFELY GRANT PROGRAM THROUGH THE U.S. CONSUMER PRODUCT SAFETY COMMISSION 24-833 approved
  15. 6.E. GRANT APPLICATION/THE VIRGINA AND HARVEY KIMMEL FAMILY FOUNDATION 24-819 approved
  16. 6.F. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF ALISON GENCO V. CITY OF DELRAY BEACH 24-846 approved
  17. 6.G. PROCLAMATIONS:
  18. 6.G.1. OBSERVANCE OF JUNETEENTH 24-825 approved
  19. 6.G.2. NATIONAL HIV TESTING DAY PROCLAMATION - JUNE 27, 2024 24-826 approved
  20. 6.G.3. PROCLAMATION - NATIONAL CLEAN BEACHES WEEK - JULY 1 - 7, 2024 24-827 approved
  21. 6.G.4. OBSERVANCE OF INDEPENDENCE DAY 24-828 approved
  22. 6.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: approved
  23. 6.H.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM MAY 20, 2024 THROUGH JUNE 7, 2024. 24-720 approved
  24. 6.I. AWARD OF BIDS AND CONTRACTS:
  25. 6.I.1. APPROVAL OF RESOLUTION NO. 73-24 TO AWARD AN AGREEMENT WITH CANON SOLUTIONS AMERICA, INC. FOR REPLACEMENT, MAINTENANCE, AND REPAIRS OF MULTIFUNCTION DEVICES; UTILIZING UNIVERSITY OF CALIFORNIA / OMNIA PARTNERS COOPERATIVE AGREEMENT NO. 202000275 IN THE AMOUNT OF $630,500.00 24-557 approved
  26. 6.I.2. APPROVAL OF RESOLUTION NO. 126-24 TO AWARD AN AGREEMENT WITH FLORIDA ULS OPERATING LLC DBA HAVERLAND AG INNOVATIONS INC FOR BASEBALL FIELD MAINTENANCE AT POMPEY PARK PURSUANT TO INVITATION TO BID NO. 2024-028 IN THE AMOUNT OF $513,371.75 FOR TOTAL CONTRACT TERM OF FIVE YEARS 24-772 approved
  27. 6.I.4. APPROVAL OF RESOLUTION NO. 136-24 RATIFYING THE PURCHASE ORDER ISSUED TO COMMERCIAL ENERGY SPECIALISTS, INC. FOR A TOTAL AMOUNT OF $132,284.79 FOR THE PURCHASE AND INSTALLATION OF NEW SAND FILTERS FOR THE POOL AT POMPEY PARK 24-816 approved Pass ▶ jump to 53:09
  28. 6.I.5. APPROVAL OF RESOLUTION # 119-24 TO AWARD A CITY STANDARD AGREEMENT WITH FLORIDA BULLET, INC. TO PURCHASE AMMUNITION FOR CITY OF DELRAY BEACH POLICE DEPARTMENT IN THE AMOUNT OF $800,000.00 24-820 approved
  29. 6.I.6. APPROVAL OF RESOLUTION NO. 128-24 TO AWARD AN AGREEMENT TO MAINGUY ENVIRONMENTAL CARE, INC. FOR LANDSCAPE MAINTENANCE SERVICES FOR STORMWATER RETENTION AREAS PURSUANT TO INVITATION TO BID (ITB) 2024-026 IN THE AMOUNT OF $536,760 FOR A FIVE YEAR CONTRACT. 24-835 approved
  30. 6.I.7. APPROVAL OF RESOLUTION NO. 129-24 TO ISSUE A PURCHASE ORDER TO FRAZER, LTD. FOR THE PURCHASE OF A NEW FRAZER MEDIUM DUTY RESCUE AMBULANCE UTILIZING BUYBOARD CONTRACT NO. 650-21, IN THE AMOUNT OF $573,183.25. 24-840 approved
  31. 6.I.8. APPROVAL OF RESOLUTION NO. 133-24 TO ISSUE A PURCHASE ORDER TO BERWIN, INC. DBA J.C. ARCHITECTURAL INTERIOR PRODUCTS FOR THE PURCHASE OF OFFICE FURNITURE FOR HUMAN RESOURCES UTILIZING STATE OF FLORIDA ALTERNATE CONTRACT SOURCE (ACS) CONTRACT NO. 56120000-24-NY-ACS, IN THE AMOUNT OF $52,339.65. 24-839 approved
  32. 6.I.9. APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT RFQ NO. 2022-034 OWNERS REPRESENTATIVE SERVICES FOR DESIGN-BUILD CONSTRUCTION PROJECT OF A NEW WATER TREATMENT PLANT (WTP), AND RELATED IMPROVEMENTS TO INCLUDE WORK AUTHORIZATION NO. 2 TOTALING $522,957.08, AND WORK AUTHORIZATION NO. 3, TOTALING $119,989.93, WITH HAZEN & SAWYER, P.C., IN A TOTAL CONTRACT INCREASE VALUE AMOUNT OF $642,947.01. 24-841 approved
  33. 7. REGULAR AGENDA:
  34. 7.A. RESOLUTION NO. 104-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ABANDONMENT OF INTEREST IN A PORTION OF RIGHT-OF-WAY BISECTING 2001 S. FEDERAL HIGHWAY, TOTALING APPROXIMATELY FIVE THOUSAND THREE HUNDRED AND TWO SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-812 approved Pass ▶ jump to 54:04
  35. 7.A.1. REPORT OF AN APPEALABLE DEVELOPMENT APPLICATION ACTION FOR A LEVEL 3 SITE PLAN FOR DELRAY MAZDA, LOCATED AT 2001 SOUTH FEDERAL HIGHWAY. 24-797 approved
  36. 7.A.2. ITEM 1 - ACCEPTANCE OF A GENERAL UTILITY EASEMENT AGREEMENT BY 2001 S FEDERAL HIGHWAY. ITEM 2 - ACCEPTANCE OF A HOLD HARMLESS AGREEMENT BY 2001 S FEDERAL HIGHWAY. ITEM 3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 2001 S FEDERAL HIGHWAY. ITEM 4 - ACCEPTANCE OF A PERPETUAL SIDEWALK EASEMENT BY 2001 S FEDERAL HIGHWAY. 24-817 approved
  37. 7.C. RESOLUTION NO. 137-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.5.1(F)(3) OF THE LAND DEVELOPMENT REGULATIONS TO APPROVE THE DEMOLITION OF STRUCTURES LOCATED AT 19 SE 2ND STREET, 148 SE 1ST AVENUE, AND 130 SE 1ST AVENUE PRIOR TO THE ISSUANCE OF A BUILDING PERMIT IN ACCORDANCE WITH THE CERTIFICATE OF APPROPRIATENESS FOR THE PROJECT KNOWN AS MAGNOLIA PLACE, AS MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE DEMOLITION OF SAID STRUCTURES IN CONJUNCTION WITH THE ISSUANCE OF BUILDING PERMITS FOR THE FOUNDATIONS; PROVIDING A CONFLICTS CLAUSE AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). 24-832 approved Pass ▶ jump to 68:57
  38. 7.D. RESOLUTION 123-24 : 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 1, 2025 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. 24-729 approved Pass ▶ jump to 81:35
  39. 7.E. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD 24-793 approved ▶ jump to 83:50
  40. 7.F. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD 24-751 ▶ jump to 84:35
  41. 8. PUBLIC HEARINGS/SECOND READINGS:
  42. 8.A. ORDINANCE NO. 18-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, “POLICE AND FIRE-RESCUE DEPARTMENTS”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING “POLICE OFFICERS’ RETIREMENT SYSTEM,” SECTION 33.65, “ADMINISTRATION”; AMENDING “FIREFIGHTERS’ RETIREMENT SYSTEM,” AND SECTION 33.79, “ADMINISTRATION” TO PROVIDE FOR STAGGERED TERMS FOR TRUSTEES; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.(SECOND READING) 24-830 approved Pass ▶ jump to 86:12
  43. 8.B. ORDINANCE NO. 01-24: 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 96, “FIRE SAFETY AND EMERGENCY SERVICES,” SECTION 96.08, “HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; RECOVERY OF COST,” BY ADOPTING A NEW TITLE, “RECOVERY OF COSTS,” ADOPTING A NEW DEFINITION FOR FIRE RESCUE RESPONSE, AMENDING THE DEFINITIONS OF COST, HAZARDOUS SUBSTANCE OR HAZARDOUS WASTE, AND PERSON, AND BY ADOPTING REGULATIONS FOR REIMBURSEMENT TO THE CITY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING) 24-605 approved Pass ▶ jump to 89:30
  44. 8.C. ORDINANCE NO. 11-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES,” BY ADDING SECTION 96.18, “AUTOMATED EXTERNAL DEFIBRILLATOR AND BLEEDING CONTROL KITS” TO REQUIRE DEFIBRILLATORS AND BLEEDING CONTROL KITS THROUGHOUT THE CITY FOR SPECIFIC OCCUPANCIES, OUTLINING INSTALLATION AND OPERATION INCLUDING LOCATION REQUIREMENTS, INSPECTION PROCEDURES, MAINTENANCE AND USE REQUIREMENTS, ENFORCEMENT PROCEDURES, AND PROVIDING DEFINITIONS FOR AUTOMATED EXTERNAL DEFIBRILLATORS AND BLEEDING CONTROL KITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND READING) 24-815 approved Pass ▶ jump to 91:41
  45. 9. FIRST READINGS:
  46. 9.A. ORDINANCE NO. 13-24: 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 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” SUBSECTION (H), “SETBACKS,” BY AMENDING SUBSECTION (4), “STRUCTURES ALLOWED IN SETBACKS,” TO MODIFY THE STRUCTURES AND BUILDING FEATURES PERMITTED WITHIN REQUIRED BUILDING SETBACKS; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.15, “SWIMMING POOL, WHIRLPOOLS, AND SPAS,” FOR CONSISTENCY WITH OTHER EDITS; AND AMENDING APPENDIX A, “DEFINITIONS,” TO ADD A DEFINITION FOR “BAY WINDOW;” PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) 24-652 approved on first reading Pass ▶ jump to 99:44
  47. 9.B. ORDINANCE NO. 16-24: 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 0.5021 ACRES LOCATED AT 200 SE 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMUNITY FACILITIES TO LOW DENSITY RESIDENTIAL, 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. (FIRST READING) 24-773 approved on first reading Pass ▶ jump to 100:48
  48. 9.C. ORDINANCE NO. 17-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND MEASURING APPROXIMATELY 0.5021 ACRES LOCATED AT 200 SE 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMUNITY FACILITIES TO SINGLE FAMILY RESIDENTIAL (R-1-AA), AS MORE PARTICULARLY DESCRIBED HEREIN; 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. (FIRST READING/QUASI-JUDICIAL) 24-774 approved on first reading Pass ▶ jump to 101:32
  49. 9.D. ORDINANCE NO. 22-24: 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 35 “EMPLOYEE POLICIES AND BENEFITS”, SUBHEADING “RETIREMENT PLAN”, BY AMENDING SECTION 35.105, “ADMINISTRATION BY RETIREMENT COMMITTEE” TO PROVIDE FOR COMMITTEE MEMBER TERM LIMITS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (FIRST READING) 24-834 approved on first reading Pass ▶ jump to 104:30
  50. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
  51. A. City Manager ▶ jump to 104:59
  52. B. City Attorney ▶ jump to 131:47
  53. C. City Commission ▶ jump to 140:07
  54. 11. ADJOURNMENT
  55. 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.