City Commission

City of Delray Beach 100 NW 1st Avenue - Delray Beach, Florida 33444 Phone: (561) 243-7000 www.delraybeachfl.gov Regular Commission Meeting Regular Meeting at 5:00 PM Tuesday, October 10, 2023 Commission Chambers Delray Beach City Hall City Commission Mayor Shelly Petrolia Vice Mayor Ryan Boylston Deputy Vice Mayor Rob Long Commissioner Adam Frankel Commissioner Angela Burns  RULES FOR PUBLIC PARTICIPATION PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. All persons desiring to do a presentation on agenda or non-agenda items that are on a portable flash drive device or a CD/DVD, must provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish to present. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the to speak, please complete the sign-in sheet if you have not already done so. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the lectern and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. City Commission Regular Commission Meeting October 10, 2023 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTATION BY THE PALM BEACH COUNTY MUNICIPAL CLERKS ASSOCIATION TO RECOGNIZE DEPUTY CITY CLERK, ALEXIS GIVINGS, FOR RECEIVING HER CERTIFIED MUNICIPAL CLERK (CMC) DESIGNATION. Sponsors: City Clerk Department Attachments: Agenda Cover Report 4.B. RESOLUTION NO. 195-23 TONYA SMITH 30 YEARS OF SERVICE Recommendation: Motion to Approve Resolution No.195-23 honoring Tonya Smith for 30 years of service. Sponsors: Human Resources Department Attachments: Agenda Cover Report 195-23 Resolution Tonya Smith 30 years of service- 4.C. PRESENTATION BY PALM BEACH COUNTY FACILITIES DEVELOPMENT & OPERATIONS DIVISION REGARDING REDEVELOPMENT OF THE SOUTH COUNTY ADMINISTRATIVE COMPLEX Recommendation: Receive a presentation from the staff of the Palm Beach County Facilities Development & Operations Division regarding redevelopment of the South County Administrative Complex located on 300 block of South Congress Avenue in Delray Beach. Sponsors: City Manager Department Attachments: Agenda Cover Report 4.D. PRESENTATION BY KEEN INDEPENDENT RESEARCH OF PHASE I REPORT OF THE CITY OF DELRAY BEACH DISPARITY STUDY Recommendation: Hear presentation by Keen Independent Research and provide consensus as to whether to proceed with Phase II of the study. Sponsors: City Manager Department Attachments: Agenda Cover Report DelrayBeach_FinalSummaryReport_10022023 DelrayBeach_FinalReport_10022023 Agreement - Keen Independent Research, LLC. (RFP No. 2022-029) City of Delray Beach Page 3 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 4.E. Quarterly Financial Review Through June 30, 2023 and Flash Report Through August 31, 2023 Recommendation: N/A - Presentation item. Sponsors: Finance Department Attachments: Agenda Cover Report rev and exp_all funds detailed_08.31.2023 rev and exp all funds summary_06.30.2023 rev and exp all funds summary_08.31.2023 5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS: 5.A. City Manager's response to prior public comments and inquiries 5.A.1. CLARITY REGARDING THE ROLE AND FUNCTION OF THE EDUCATION BOARD Sponsors: City Manager Department 5.B. From the Public 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: September 5, 2023 - Regular Meeting / 1st Public Budget Hearing September 7, 2023 - Special Meeting (Closed Attorney/Client Session) September 7, 2023 - Workshop Meeting (Arts Warehouse) Sponsors: City Clerk Department Attachments: Agenda Cover Report September 5, 2023 - Regular Meeting - 1st Public Budget Hearing - DRAFT September 7, 2023 - Special Meeting (Closed Atty_Client Session) - DRAFT September 7, 2023 - Workshop Meeting Arts Garage - DRAFT 6.B. RESOLUTION NO. 198-23 AMENDING THE FISCAL YEAR 2023-24 BUDGET ADOPTED BY RESOLUTION NO.145-23 ON SEPTEMBER 18, 2023. Recommendation: Motion to Approve Resolution No. 198-23 amending the budget for Fiscal Year 2023-24 adopted on September 18, 2023. Sponsors: Finance Department Attachments: Agenda Cover Report Exhibit A - Resolution 198-23 Budget Amendment 10.10.2023- Budget Resolution 198-23 Budget Amendment Simple Legal Review Approval Budget Amendment Resolution 198-23 City of Delray Beach Page 4 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 6.C. RESOLUTION NO. 200-23, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A DEFERRED COMPENSATION PLANS COMMITTEE FOR THE CITY OF DELRAY BEACH, CONSISTING OF FIVE MEMBERS, TO EXERCISE DISCRETIONARY AUTHORITY OVER THE CITY OF DELRAY BEACH DEFERRED COMPENSATION PLANS’ ASSETS, INVESTMENT OPTIONS, GENERAL OPERATION, AND GENERAL ADMINISTRATION; ESTABLISHING THE COMMITTEE’S MEETINGS FREQUENCY; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO OVERSEE THE COMMITTEE AND ADOPT ITS ADMINISTRATIVE POLICIES; AUTHORIZING THE CHIEF FINANCIAL OFFICER TO BE THE COORDINATOR FOR THE PLANS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. Recommendation: Motion to approve Resolution No. 200-23, a resolution of the City Commission of the City of Delray Beach, Florida, establishing a 457 Deferred Compensation Plan Committee for the City of Delray Beach. Sponsors: Finance Department Attachments: Agenda Cover Report Legal Review Approval from LGelin for 457 Plan Committee 9-26-23 Resolution 200-23 Establishing 457 Plan Committe 9-26-23 6.D. APPROVAL OF AMENDMENT NO. 1 TO SOLICITATION NO. 2023-002 WITH DECO INTERNATIONAL SECURITY CORPORATION FOR UNARMED SECURITY GUARD SERVICES Recommendation: Motion to approve Amendment No. 1 to Solicitation No. 2023-002 with Deco International Security Corporation for unarmed security guard services; and authorize the City Manager to exercise renewal options, contingent upon appropriation of funds. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report LegalReview_DECO_Amend1_5.9.23 PE_Amend No. 1_Unarmed Sec Guard RFP 2023-002 Unarmed Security Guard Services FINAL EXECUTED RFP 2023-002 Unarmed Security Guard Services FINAL City of Delray Beach Page 5 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 6.E. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 311 SE 3rd ST. ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 502 GARDENIA TER. ITEM(S) B1- ACCEPTANCE OF A GENERAL UTILITY EASEMENT AGREEMENT BY 1001WHITE DR. ITEM(S) C1- ACCEPTANCE OF A HOLD HARMLESS AGREEMENT BY 245 NE 7th AVE. Recommendation: Consideration of the following items: Item A1 - Motion to approve and accept a Right-of-Way Dedication by the owners of 311 SE 3rd St. Item A2 - Motion to approve and accept a Right-of-Way Dedication by the owners of 502 Gardenia Ter. Item B1 - Motion to approve and accept a General Utility Easement Agreement by the owners of 1001 White Dr. Item C1 - Motion to approve and accept a Hold Harmless Agreement by the owners of 245 NE 7th Ave. Sponsors: Public Works Department Attachments: Agenda Cover Report A1a - Right of Way Deed - 311 SE 3rd Street - James and Linda Sandwick A1b - Exhibit A Sketch - 311 SE 3rd Street - James and Linda Sandwick A1c - Legal Review Right of Way Deed 311 SE 3rd Street James and Linda Sandwick A2a - Right of Way Deed - 502 Gardenia Ter - Vernon E Torney and Julie A Phillips A2b - Exhibit A - 502 Gardenia Ter - Vernon E Torney and Julie A Phillips A2c - Legal Review Right of Way Deed 502 Gardenia Terrace - Torney and Phillips B1a - Easement Agreement 1001 White Drive - White Drive Delray 1001 LLC B1b - Exhibit A Sketch 1001 White Drive - White Drive Delray 1001 LLC B1c - Legal Review Corrective Right of Way Deed 1001 White Drive - White Drive Delray 1001 LLC C1a - Hold Harmless Agreement 245 NE 7th Ave. Kathleen Yeakle C1b - Exhibit A Sketch for Wall Hold Harmless 245 NE 7th Ave. Kathleen Yeakle C1c - Exhibit B Site Plan - 245 NE 7th Ave - Kathleen Yeakle C1d - Legal Review Wall Hold Harmless - 245 NE 7th Ave - Kathleen Yeakle City of Delray Beach Page 6 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 6.F. MOTION TO APPROVE ADDITIONAL SPENDING TO THE CONTRACT WITH SYNERGY NDS, INC. IN THE AMOUNT OF $800,000. FOR DESIGN, CONSTRUCTION, AND MANAGEMENT SERVICES RELATED TO THE RECONSTRUCTION OF THE DELRAY BEACH SEABOARD AIR LINE RAILWAY STATION, FOR A REVISED CONTRACT TOTAL OF $2,267,510. Recommendation: Motion to approve additional spending to the contract with Synergy NDS, Inc. in the amount of $800,000, for design, construction, and management services related to the reconstruction of the Delray Beach Seaboard Air Line Railway Station, for a revised contract total of $2,267,510. Sponsors: Public Works Department Attachments: Agenda Cover Report Resolution No. 153-21 - Synergy NDS, Inc. Fully Executed Agreement - Synergy NDS Inc_ 6.G. APPROVAL TO RETROACTIVELY APPROVE AN INCREASE IN CONTRACT VALUE EFFECTIVE 10/1/2023 UNDER RESOLUTION NO. 181-20 WITH LHOIST NORTH AMERICA OF ALABAMA, LLC., FOR THE PURCHASE AND DELIVERY OF QUICKLIME FOR WATER TREATMENT, UTILIZING THE CITY OF TAMARAC COOPERATIVE AGREEMENT BID NO. 20-21B IN THE AMOUNT OF $200,000. Recommendation: Motion to retroactive approve an increase in contract value effective October 1, 2023, under Resolution No. 181-20 with Lhoist North America of Alabama, LLC., for the delivery of quicklime for water treatment, utilizing the City of Tamarac Cooperative Agreement Bid No. 20-21B in the amount of $200,000. Sponsors: Utilities Department Attachments: Agenda Cover Report lhoist-executed-agreement-20-21b.pdf 20-1120_Agreement _P2020-049_ Lhoist North America of Alabama LLC.pdf 6.H. PROCLAMATIONS: 6.H.1. PROCLAMATION FOR FLORIDA CITY GOVERNMENT WEEK - OCTOBER 16-22, 2023 Recommendation: Motion to proclaim October 16-22, 2023 as Florida City Government Week. Sponsors: City Clerk Department Attachments: Agenda Cover Report FLORIDA CITY GOVERNMENT WEEK 2023 City of Delray Beach Page 7 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 6.H.2. PEDESTRIAN SAFETY MONTH PROCLAMATION Sponsors: City Clerk Department Attachments: Agenda Cover Report Pedestrian Saftey Month 6.H.3. PROCLAMATION FOR FIRE PREVENTION MONTH 2023 Recommendation: Motion to proclaim October 2023 as Fire Prevention Month. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report 2023 Fire Prevention Month Proclamation 6.H.4. PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS NATIONAL COMMUNITY PLANNING MONTH Sponsors: Development Services Department Attachments: Agenda Cover Report National Community Planning Month 6.H.5. RECOGNITION OF THE 50TH ANNIVERSARY OF THE KIWANIS CLUB OF DELRAY BEACH Sponsors: City Manager Department Attachments: Agenda Cover Report Kiwanis Club History 6.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.I.1. None 6.J. AWARD OF BIDS AND CONTRACTS: City of Delray Beach Page 8 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 6.J.1. APPROVAL OF RESOLUTION NO. 181-23 TO AWARD AN AGREEMENT TO SALGADO TREE TRIMMING, LLC. FOR TREE AND STUMP REMOVAL SERVICES IN A TOTAL AGREEMENT VALUE OF $292,075 ($58,415 ANNUALLY) FOR FIVE (5) YEAR PERIOD. Recommendation: Motion to Approve Resolution No. 181-23 to award an agreement with Salgado Tree Trimming, LLC, for Tree and Stump Removal Services, in a total agreement value not-to-exceed $292,075 ($58,415 per year), contingent upon appropriation of funds. Sponsors: City Manager Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist ITB 2023-028 Salgado Tree Trimming Packet_for_Bid_ITB_2023-028 Advertised Res 181-23 ITB 2023-028 Tree and Stump Removal Agreement ITB 2023-028 Tree and Stump Removal - Salgado Tree Trimming Amended Exhibit B 6.J.2. APPROVAL OF RESOLUTION NO. 149-23 TO AWARD AN AGREEMENT WITH ODUMS SOD, INC. FOR THE PURCHASE OF SOD UTILIZING THE VILLAGE OF WELLINGTON CONTRACT NO. 202312 IN A NOT TO EXCEED AMOUNT OF $270,000 Recommendation: Motion to approve Resolution No. 149-23 to award an agreement with Odums Sod, Inc. for the purchase of sod utilizing the Village of Wellington Contract No. 202312 for the Parks and Recreation Department in a not to exceed amount of $270,000; authorizing the City Manager to execute any amendments and/or renewals options in the amount listed below, contingent upon the appropriation of funds. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Legal Review Checklist Odums Sod Reso 149-23 SOD lg rev P2023-052_MSA_OdumsSod_2023 P2023-052_Exhibit A_Odums Sod City of Delray Beach Page 9 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 6.J.3. APPROVAL OF RESOLUTION NO. 176-23 TO AWARD AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR DESIGN SERVICES OF THE LINDELL BOULEVARD LOOP CONNECTION TO BRANT BRIDGE (ALONG BLUE JAY TURN, CARL BOLTER DRIVE & AVOCET ROAD) PROJECT PURSUANT TO RFQ NO. 2023-001, IN THE AMOUNT OF $319,889.00 (PUBLIC WORKS PROJECT NUMBER 20-015). Recommendation: Motion to Approve Resolution No. 176-23 to award an Agreement with Kimley-Horn and Associates, Inc. for Design Services of the Lindell Boulevard Loop Connection to Brant Bridge (Along Blue Jay Turn, Carl Bolter Drive & Avocet Road) project pursuant to RFQ No. 2023-001, in the amount of $319,889.00 (Public Works Project No. 20-015). Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Agreement RFQ 2023-001 Exhibit A - Scope of Work Exhibit B - Fee Proposal Res 176-23 RFQ 2023-001 - Kimley Horn - Lindell Blvd Loop Legal Review Checklist Agmt with Kimley Horn for Eng Design Services RFQ 2023-001 RFQ 2023-001 Kimley Horn Proposal 2023-001 Notice of Recommended Ranking 6.J.4. APPROVAL OF RESOLUTION NO. 182-23 TO AWARD AN AGREEMENT WITH THE SHYFT GROUP UPFIT SERVICES, INC. DBA STROBES-R-US FOR THE PURCHASE OF EMERGENCY EQUIPMENT FOR VEHICLES PURSUANT TO BROWARD COUNTY SHERIFF’S OFFICE RLI #23004AP - $1,050,000. Recommendation: Motion to Approve Resolution No. 182-23 to award an Agreement with the Shyft Group Upfit Services, Inc. dba Strobes-R-Us for the purchase of Emergency Equipment for Vehicles pursuant to Broward County Sheriff’s Office RLI #23004AP - $1,050,000. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Vendor Signed Exhibit A 9.6.23 Resolution No. 182-23 Legal Review Checklist Strobes-R-Us RLI #23004AP Bid Packet RLI #23004AP - 1 Bid Packet RLI #2300AP - 2 7. REGULAR AGENDA: City of Delray Beach Page 10 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 7.A. RESOLUTION NO. 136-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.19(H)(3) OF THE LAND DEVELOPMENT REGULATIONS APPROVING OVERHEAD DOORS FACING A PUBLIC RIGHT-OF-WAY FOR THE PROPERTY LOCATED AT 1215 MILFRED STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI JUDICIAL) Recommendation: Review and consider Resolution No. 136-23 approving a waiver to allow overhead doors facing a public right-of-way on the property located at 1215 Milfred Street. Sponsors: Development Services Department Attachments: Agenda Cover Report Res. No. 136-23 Waiver Overhead Doors 1215 Milfred ST 1215 Milfred ST Overhead Door Justification Statement 1215 Milfred ST Architectural Renderings 1215 Milfred ST Site Plan Legal Review Res 136-23 Waiver City of Delray Beach Page 11 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 7.B. RESOLUTION NO. 171-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(D)(2)(a)(1) OF THE LAND DEVELOPMENT REGULATIONS APPROVING A FRONT SETBACK FOR THE FIRST, SECOND, AND THIRD STORIES FACING SE 2ND AVENUE TO RANGE FROM ZERO FEET TO 30 FEET FOR A PROJECT KNOWN AS DELRAY SWAN, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). RESOLUTION NO. 172-23: 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)(3)(a) OF THE LAND DEVELOPMENT REGULATIONS APPROVING A SETBACK OF ZERO FEET TO 20 FEET ABOVE THE THIRD STORY FOR THE PROJECT KNOWN AS DELRAY SWAN, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). RESOLUTION NO. 173-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING A WAIVER REQUEST TO SECTION 4.4.13(D)(2)(a)(6) OF THE LAND DEVELOPMENT REGULATIONS, TO NO LONGER REQUIRE A PEDESTRIAN/BICYCLE PASSAGEWAY FOR THE PROJECT KNOWN AS DELRAY SWAN, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES (QUASI JUDICIAL). Recommendation: Review and consider Resolution Nos. 171-23, 172-23, and 173-23, three waivers associated with the proposed Delray Swan project, a Class V Site Plan for the construction of a +/-304,506 square foot, five-story mixed-use building known as Delray Swan. Sponsors: Development Services Department Attachments: Agenda Cover Report Delray Swan - SPRAB Report Delray Swan - Applicant Justification Statement Resolution No. 171-23 Resolution No. 172-23 Resolution No. 173-23 Delray Swan - Floor Plan and Building Section Delray Swan - Site Plan and Encroachment Diagram Legal Review Resolution No. 171-23 Legal Review Resolution No. 172-23 Legal Review Resolution No. 173-23 City of Delray Beach Page 12 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 7.C. RESOLUTION NO. 185-23: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN UNNAMED, PARTIALLY IMPROVED PUBLIC ALLEY BORDERED BY NE 6TH STREET ON THE NORTH AND NE 1ST STREET ON THE SOUTH, AND LOCATED BETWEEN NE 6TH AVENUE AND NE 7TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS HOFMAN LANE; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. Recommendation: Review and consider Resolution No. 185-23, naming the City-owned, unnamed, partially improved public alley south of NE 6th Street and north of NE 1st Street, east of NE 6th Avenue and west of NE 7th Avenue (“Subject Area”), as Hofman Lane. Sponsors: Development Services Department Attachments: Agenda Cover Report Resolution No. 185-23 PZB Staff Report, Hofman Lane Legal Review, Resolution No. 185-23 7.D. CONSIDERATION OF THE FINAL PLAT, “ASEA 4”, A REPLAT OF LOTS 11 AND 12, Block 115, TOWN OF LINTON, RECORDED IN PLAT BOOK 1, Page 3, TO CREATE FOUR FEE-SIMPLE LOTS ON THE 0.378-ACRE PROPERTY CURRENTLY ADDRESSED AS 142 NE 7th AVENUE. Recommendation: Review and consider the Final Plat, “ASEA 4”, a replat of Lots 11 and 12, Block 115, Town of Linton, recorded in Plat Book 1, Page 3, to create four fee-simple lots on the a 0.378-acre property currently addressed as 142 NE 7th Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Proposed ASEA 4 Plat PZB Staff Report, ASEA 4 Plat 8. PUBLIC HEARINGS/SECOND READINGS: City of Delray Beach Page 13 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 8.A. ORDINANCE NO. 24-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A SMALL-SCALE LAND USE MAP AMENDMENT REDESIGNATING A 1.07 ACRE PORTION OF A PARCEL OF LAND LOCATED AT 3900 SHERWOOD BOULEVARD, SOUTH OF SHERWOOD BOULEVARD AND EAST OF SOUTH MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM LOW DENSITY RESIDENTIAL TO COMMUNITY FACILITIES, 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. (SECOND READING/PUBLIC HEARING) Recommendation: Review and consider Ordinance No. 24-23, a City-initiated request to amend the Land Use Map from Low Density (LD) to Community Facilities (CF) for 1.07 acres of the 10.97-acre parcel located at 3900 Sherwood Boulevard in correction of a mapping error. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 24-23, 3900 Sherwood Corrective LUMA PZB Staff Report, 3900 Sherwood Corrective LUMA Proposed Land Use Map, 3900 Sherwood Legal Review, Ordinance No. 24-23 Proof of Legal Ad 8.B. ORDINANCE NO. 27-23: 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 0.45 ACRES, GENERALLY LOCATED SOUTHWEST OF THE INTERSECTION OF OLD DIXIE HIGHWAY AND NORTHEAST 14TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM LOW DENSITY (LD) TO OPEN SPACE (OS), 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. (SECOND READING / PUBLIC HEARING) Recommendation: Consider Ordinance No. 27-23, a City-initiated Land Use Map Amendment (LUMA) for a parcel located west of Dixie Highway and east of the intersection of NE 3rd Avenue and NE 14th Street from Low Density (LD) to Open Space (OS) land use in correction of a data conversion error. Sponsors: Development Services Department Attachments: Agenda Cover Report Ordinance No. 27-23, NE 14th Street Corrective LUMA PZB Staff Report, NE 14th Street Corrective LUMA Legal Review, Ordinance No. 27-23 Proof of Legal Ad City of Delray Beach Page 14 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 9. FIRST READINGS: 9.A. ORDINANCE NO. 40-23: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER 96, “FIRE SAFETY AND EMERGENCY SERVICES,” SECTION 96.16, “CERTAIN CODES ADOPTED BY REFERENCE,” TO COMPLY WITH CHANGES TO THE FLORIDA FIRE PREVENTION CODE STANDARDS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.(FIRST READING) Recommendation: Staff recommends the approval of this amendment to the existing ordinance that will bring our city ordinance up to date with the updated Florida Fire Prevention Code. Sponsors: Fire Rescue Department Attachments: Agenda Cover Report Legal Review Ord 40-23 amending Fire Code_ Ord 40-23 Amending Ch 96 Fire Safety lg rev 9-26-23 final 9.B. ORDINANCE NO. 41-23: 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 SECTION 33.76, “BENEFIT AMOUNTS AND ELIGIBILITY”, TO PROVIDE FOR COMPLIANCE WITH CHAPTER 2019-21, LAWS OF FLORIDA; AMENDING SECTION 33.88, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS” BY DELETING THE CURRENT LANGUAGE AND REPLACING IT WITH “INTERNAL REVENUE CODE COMPLIANCE”, TO PROVIDE COMPLIANCE WITH THE INTERNAL REVENUE CODE AND THE SECURE 2.0 ACT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE FOR OTHER PURPOSES. (FIRST READING) Recommendation: Motion to approve proposed Ordinance amendment for compliance with State required Cancer provisions and Federal required SECURE 2.0 Act provisions. Sponsors: Finance Department Attachments: Agenda Cover Report Simple Legal Review Approval FF Retirement System Ordinance 9-19-23 FF Cancer Bill-IRC and SECURE 2.0 Ordinance Amendment (26July2023)_lg rev 9-19-23 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney City of Delray Beach Page 15 Printed on 10/3/2023 City Commission Regular Commission Meeting October 10, 2023 C. City Commission 11. ADJOURNMENT City of Delray Beach Page 16 Printed on 10/3/2023