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City Commission

May 7, 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 — 63 items

  1. 1. ROLL CALL
  2. 2. PLEDGE OF ALLEGIANCE TO THE FLAG
  3. 3. AGENDA APPROVAL approved as amended Pass
  4. 3.A. Additions, Deletions, Substitutions
  5. 4. PRESENTATIONS:
  6. 4.A. ACCEPTANCE OF 2024 DELRAY BEACH EDUCATION GRANT THE PUBLIC IS ADVISED that two (2) or more members of the Palm Beach County School Board may be in attendance, and may speak, at the Regular Commission Meeting of the City of Delray Beach City Commission on May 7, 2024. The meeting will begin at 5:00 p.m. in the City Hall Commission Chambers located at 100 N.W. 1st Avenue, Delray Beach, FL 33444. 24-638
  7. 4.B. FLORIDA GREEN BUILDING COALITION AWARDS 24-579
  8. 4.C. 2024 HISTORIC PRESERVATION BOARD AWARDS - A PRESENTATION TO THE CITY COMMISSION OF THE 2024 HISTORIC PRESERVATION BOARD AWARDS. 24-618
  9. 4.D. QUARTERLY FINANCIAL REVIEW THROUGH MARCH 31, 2024 24-634
  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 prior public comments and inquiries
  12. 5.B. From the Public
  13. 6. CONSENT AGENDA: City Manager Recommends Approval approved as amended Pass
  14. 6.A. CITY COMMISSION MEETING MINUTES 24-583 approved
  15. 6.B. RESOLUTION NO. 90-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NOTIFY THE OWNERS OF PROPERTY OF THE CITY’S NEED FOR EASEMENTS THEREON, PROVIDE A WRITTEN OFFER OF COMPENSATION IN THE AMOUNT OF $179,500, ENGAGE IN PRESUIT NEGOTIATIONS, AND OTHERWISE COMPLY WITH SECTION 73.015 OF THE FLORIDA STATUTES IN AN EFFORT TO ACQUIRE A PERMANENT EASEMENT AND A TEMPORARY EASEMENT ON PROPERTY HAVING AN ADDRESS OF 142 SEABREEZE AVENUE, DELRAY BEACH, THAT ARE REQUIRED TO CONSTRUCT AND INSTALL A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 91-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE ACQUISITION OF A PERMANENT EASEMENT AND A TEMPORARY EASEMENT, DESIGNATED AS PARCELS 2A AND 2B, NECESSARY FOR THE CONSTRUCTION OF A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE, TO BE FOR A PUBLIC USE AND PURPOSE; AUTHORIZING THE EMPLOYMENT OF APPRAISERS AND OTHER EXPERTS; AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS IN THE EVENT PRESUIT NEGOTIATIONS ARE UNSUCCESSFUL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 92-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NOTIFY THE OWNERS OF PROPERTY OF THE CITY’S NEED FOR EASEMENTS THEREON, PROVIDE A WRITTEN OFFER OF COMPENSATION IN THE AMOUNT OF $139,750, ENGAGE IN PRESUIT NEGOTIATIONS, AND OTHERWISE COMPLY WITH SECTION 73.015 OF THE FLORIDA STATUTES IN AN EFFORT TO ACQUIRE A PERMANENT EASEMENT ON PROPERTY HAVING AN ADDRESS OF 202 SEABREEZE AVENUE, DELRAY BEACH, THAT IS REQUIRED TO CONSTRUCT AND INSTALL A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 93-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE ACQUISITION OF A PERMANENT EASEMENT, DESIGNATED AS PARCEL 1, NECESSARY FOR THE CONSTRUCTION OF A NEW EXPANDED STORMWATER PUMP STATION FACILITY WITHIN THE THOMAS STREET RIGHT-OF-WAY LYING WEST OF SEABREEZE AVENUE, TO BE FOR A PUBLIC USE AND PURPOSE; AUTHORIZING THE EMPLOYMENT OF APPRAISERS AND OTHER EXPERTS; AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS IN THE EVENT PRESUIT NEGOTIATIONS ARE UNSUCCESSFUL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-631 approved
  16. 6.C. RESOLUTION NO. 115-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RENAMING THE “REV. J.W.H. THOMAS, JR.” PARK TO THE “REV. DR. J.W.H. THOMAS, JR.” PARK; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 24-632 approved Pass
  17. 6.D. PROPOSED OFFER OF SETTLEMENT IN THE CASE OF STEPHEN WINFIELD V. THE CITY OF DELRAY BEACH 24-659 approved
  18. 6.E. RESOLUTION NO. 114-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO NANCY MCDONALD, FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 531 N. SWINTON AVENUE, 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. 24-570 approved
  19. 6.F. RESOLUTION NO. 65-24 AMENDING THE FISCAL YEAR 2023-24 BUDGET ADOPTED BY RESOLUTION NO.145-23 ON SEPTEMBER 18, 2023. 24-606 approved Pass
  20. 6.G. APPROVAL OF AMENDMENT NUMBER 5 TO THE LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND PINEAPPLE GROVE HOLDINGS, LLC FOR THE CONTINUED OCCUPANCY OF THE MEDICAL FACILITY LOCATED AT 525 NE 3RD AVENUE, DELRAY BEACH, FLORIDA. 24-555 approved
  21. 6.H. PURCHASE ASSISTANCE GRANT AWARD TO LOURDES VASQUEZ AND FERNANDO BALCARCE 14977 WHATLEY ROAD IN THE AMOUNT OF $75,000 24-621 approved
  22. 6.I. PURCHASE ASSISTANCE GRANT AWARD TO WATSON JOACHIN AND NACHCAR FLEURINAT 102 NW 13TH AVENUE IN AN AMOUNT UP TO $75,000 24-622 approved
  23. 6.J. RESOLUTION 88-24 APPROVING A LEASE AGREEMENT WITH THE PIONEER BOYS ASSOCIATION, INC. FOR THE PROPERTY LOCATED AT 413 LAKE IDA ROAD, INCLUDING THE BUILDING KNOWN AS THE SCOUT HUT, FOR THE PURPOSE OF CONDUCTING SCOUT ACTIVITIES 24-443 approved
  24. 6.K. MOTION TO APPROVE ADDITIONAL SPENDING TO THE CONTRACT WITH BFAV LLC. DBA ALL ON STAGE PRODUCTIONS IN THE AMOUNT OF $34,811 FOR SOUND, STAGE AND LIGHTING FOR A REVISED CONTRACT TOTAL OF $170,640. 24-612 approved
  25. 6.L. MOTION TO AUTHORIZE THE CITY MANAGER TO CREATE AND SUBMIT TO THE OFFICE OF CONGRESSWOMAN LOIS FRANKEL, LETTERS OF SUPPORT FOR EACH OF THREE CITY OF DELRAY BEACH REQUESTS FOR CONGRESSIONAL COMMUNITY PROJECT FUNDING FOR THE FEDERAL FISCAL YEAR 2024-2025 BUDGET. 24-683 approved
  26. 6.M. PROCLAMATIONS:
  27. 6.M.1. PROCLAMATION: KIDS TO PARKS DAY 24-585 approved
  28. 6.M.2. NATIONAL SAFE BOATING WEEK PROCLAMATION 24-587 approved
  29. 6.M.3. PUBLIC WORKS WEEK PROCLAMATION 24-600 approved
  30. 6.M.4. PROCLAMATION TO DESIGNATE THE WEEK OF MAY 19-25, 2024 AS WATER REUSE WEEK 24-558 approved
  31. 6.M.5. NATIONAL BEACH SAFETY WEEK 24-601 approved
  32. 6.M.6. PROCLAMATION DESIGNATING THE MONTH OF MAY AS HISTORIC PRESERVATION MONTH IN DELRAY BEACH 24-568 approved
  33. 6.M.7. MAY 2024 MENTAL HEALTH AWARENESS AND TRAUMA INFORMED CARE MONTH 24-590 approved
  34. 6.M.8. OBSERVANCE OF HAITIAN HERITAGE MONTH 24-593 approved
  35. 6.M.9. ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH 24-594 approved
  36. 6.M.10. HEPATITIS AWARENESS MONTH PROCLAMATION 24-595 approved
  37. 6.M.11. JEWISH AMERICAN HERITAGE MONTH PROCLAMATION 24-597 approved
  38. 6.M.12. NATIONAL STROKE AWARENESS MONTH 24-598 approved
  39. 6.M.13. WE ♥ SMALL BIZ MONTH PROCLAMATION - MAY 2024 24-602 approved
  40. 6.M.14. PROCLAMATION: NATIONAL TENNIS MONTH 24-596 approved
  41. 6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
  42. 6.N.1. REPORT OF APPEALABLE DEVELOPMENT APPLICATION ACTIONS FROM APRIL 1, 2024 THROUGH APRIL 30, 2024. 24-581 approved
  43. 6.O. AWARD OF BIDS AND CONTRACTS:
  44. 6.O.1. APPROVAL OF RESOLUTION NO. 97-24 TO AWARD AN AGREEMENT WITH KEITH AND ASSOCIATES, INC. FOR OWNER’S REPRESENTATIVE SERVICES FOR THE POMPEY PARK RECREATION CENTER PROJECT, PURSUANT TO RFQ NO. 2023-076 (PROJECT NO. 16-102) IN THE AMOUNT OF $2,656,400.00. 24-607 approved Pass
  45. 6.O.2. APPROVAL OF RESOLUTION NO. 112-24 TO AWARD AN AGREEMENT WITH SULLIVAN ELECTRIC & PUMP, INC. FOR THE PURCHASE, INSTALLATION, AND REPAIR OF IRRIGATION PUMP STATIONS AND REPAIRS IN THE AMOUNT OF $240,000 24-611 approved
  46. 6.O.3. APPROVAL OF RESOLUTION NO. 120-24 AND TO AWARD AN AGREEMENT WITH ZAMBELLI FIREWORKS MANUFACTURING CO. FOR FIREWORK DISPLAY SERVICES 24-682 approved
  47. 6.O.4. APPROVAL OF RESOLUTIONS NO. 58-24, 59-24, AND 60-24, TO AWARD AN AGREEMENTS WITH BLUE EDONIS, LLC (PRIMARY), UNLIMITED CLEANING COMPANY, LLC (SECONDARY), and PRO-GLOBAL BY JACKIE PRESSURE CLEANING SERVICES, LLC (TERTIARY); FOR PRESSURE CLEANING SERVICES PURSUANT TO INVITATION TO BID NO. 2023-071 IN THE AMOUNT OF $778,598.80. 24-641 approved
  48. 6.O.5. APPROVAL OF RESOLUTION NO. 107-24 TO AWARD AN AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC.FOR PERMIT FEES UTILIZING CITY OF DAYTONA BEACH CONTRACT NO. RFP 19632 IN THE AMOUNT OF $57,150 24-664 approved
  49. 7. REGULAR AGENDA:
  50. 7.A. RESOLUTION NO. 12-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER REQUEST TO SECTION 4.4.13(I)(3)(B)1. OF THE LAND DEVELOPMENT REGULATIONS APPROVING VEHICULAR ACCESS FROM A PRIMARY STREET, WHEREAS THE ALLEY SHOULD BE THE PRIMARY SOURCE OF VEHICULAR ACCESS TO OFF-STREET PARKING FOR THE PROPERTY LOCATED AT 605 NE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL) 24-582 denied Pass
  51. 7.B. NOMINATION FOR APPOINTMENT TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE 24-616
  52. 7.C. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD 24-649
  53. 8. PUBLIC HEARINGS/SECOND READINGS:
  54. 8.A. None
  55. 9. FIRST READINGS:
  56. 9.A. ORDINANCE NO. 12-24: 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 2.4, “DEVELOPMENT APPLICATION REQUIREMENTS,” SECTION 2.4.6, “REGULATION OF USES,” TO MODIFY TEMPORARY PARKING LOT REGULATIONS TO ALLOW TEMPORARY PARKING LOTS IN GENERAL COMMERCIAL ZONING, LIMITED TO OFF-SITE STORAGE OF AUTOMOTIVE DEALERSHIP VEHICLE INVENTORY; TO RENUMBER TABLE 2.4.3-A TO 2.4.6-A AND DESIGNATE THE DEVELOPMENT SERVICES DIRECTOR TO APPROVE USES UNDER A TENT; TO ELIMINATE CITY ENGINEER APPROVAL FOR GRADING PLANS; TO REQUIRE TECHNICAL ADVISORY COMMITTEE REVIEW OF SITE PLANS; TO REQUIRE COMPLIANCE WITH THE SITE PLAN AND ANY CONDITIONS OF APPROVAL PRIOR TO APPLYING FOR PERMIT RENEWAL, AND TO ELIMINATE THE REQUIREMENT FOR THE PARKING MANAGEMENT ADVISORY BOARD TO REVIEW THE SITE PLAN AND RECOMMEND APPROVAL IN ORDER TO PROCEED TO CITY COMMISSION; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING) 24-470 approved Pass
  57. 9.B. 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. (FIRST READING) 24-609 approved Pass
  58. 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
  59. A. City Manager
  60. B. City Attorney
  61. C. City Commission
  62. 11. ADJOURNMENT
  63. 63 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.