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 6:00 PM Monday, August 5, 2024 Commission Chambers Delray Beach City Hall City Commission Mayor Thomas F. Carney, Jr. Vice Mayor Juli Casale Deputy Vice Mayor Rob Long Commissioner Tom Markert 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 August 5, 2024 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. AGENDA APPROVAL 3.A. Additions, Deletions, Substitutions 4. PRESENTATIONS: 4.A. PRESENTATION OF THE 2023-24 REPORT AND RECOMMENDATIONS FROM THE PUBLIC ART ADVISORY BOARD Recommendation: The City Commission is asked to receive the presentation and to consider the Public Art Advisory Board's recommendations. Sponsors: City Manager Department Attachments: Agenda Cover Report 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. PROGRESS UPDATE REGARDING LAW ENFORCEMENT CAMERA EXPANSION PROJECT Sponsors: City Manager Department 5.A.2. DISCUSSION OF RESOLUTION NO. 167-24 TO ADDRESSING A BID WAIVER AND FUTURE AWARD OF 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 $1,885,428 IN TWO PHASES OF $1,129,338 FOR COMPLETED DESIGN AND PROJECT MANAGEMENT AND $756,090 FOR CONSTRUCTION OVERSIGHT Recommendation: Discussion of Resolution No. 167-24 to addressing a Bid Waiver and future award of 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 $1,885,428 in two phases of $1,129,338 for completion of 60% design documents and project management and $756,090 for construction oversight services. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report 5.B. From the Public City of Delray Beach Page 3 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 6. CONSENT AGENDA: City Manager Recommends Approval 6.A. CITY COMMISSION MEETING MINUTES Recommendation: Motion to approve meeting minutes as listed below: July 9, 2024 Budget Workshop Meeting Minutes - DRAFT July 9, 2024 Regular Meeting Minutes - DRAFT July 16, 2024 Budget Workshop Meeting Minutes - DRAFT July 16, 2024 Regular Meeting Minutes - DRAFT July 25, 2024 Special Meeting Minutes - DRAFT Sponsors: City Clerk Department Attachments: Agenda Cover Report July 9, 2024 Budget Workshop Meeting Minutes - DRAFT July 9, 2024 Regular Meeting Minutes - DRAFT July 16, 2024 Budget Workshop Meeting Minutes - DRAFT July 16, 2024 Regular Meeting Minutes - DRAFT July 25, 2024 Special Meeting Minutes - DRAFT 6.B. APPROVAL OF PARKING FACILITY EASEMENT AGREEMENT AND PROJECT COVENANT Recommendation: Motion to Approve Parking Facility Easement Agreement and Project Covenant. Sponsors: City Attorney Department Attachments: Agenda Cover Report PX - Delray Parking Facility Agreement Final, signed by SVW, pending Lender Legal Review Approval Sundy Parking Garage 6.C. INVESTMENT POLICY STATEMENT REVIEW Recommendation: Motion to accept the proposed changes in the Investment Policy Statement. Sponsors: Finance Department Attachments: Agenda Cover Report Delray Investment Policy Statement -IPS - EDIT 05.07.2024 City of Delray Beach Page 4 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 6.D. RESOLUTION NO. 157-24 AMENDING THE FISCAL YEAR 2023-24 BUDGET ADOPTED BY RESOLUTION NO.145-23 ON SEPTEMBER 18, 2023. Recommendation: Motion to Approve Resolution No. 157-24 amending the Fiscal Year 2023-24 budget adopted on September 18, 2023. Sponsors: Finance Department Attachments: Agenda Cover Report Resolution 157-24 Budget Amendment FY 2023-24 8.5.24 Exhibit A - Resolution 157-24 Budget Amendment 8.5.24 Legal Review Res 157-24 Budget Amd to FY 23-24 6.E. RESOLUTION NO.163-24: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A FEDERALLY FUNDED SUB-AWARD AND GRANT AGREEMENT WITH THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) TO OBTAIN FEDERAL AND STATE DISASTER RECOVERY FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AMENDMENTS AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Recommendation: Motion to approving Resolution No. 163-24: Approving a Federally Funded Subaward and Grant Agreement with Florida Division of Emergency Management. Sponsors: Finance Department Attachments: Agenda Cover Report Commission Resolution 163-24 - Hurricane Isaias 7.23.24 leg ISAIAS GRANT AGREEMENT - DR 3533 FL-City of Delray Beach-AgreementTemplate-09711D 07.23.24 leg Simple Legal Review Approval Hurricane Isaias Grant Agreement 7.23.24 leg 6.F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN FY2024-2025 Recommendation: Motion to approve and execute the attached Annual Action Plan. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Consolidated Annual Action Plan 24-25 FULL Draft 02 Non-State Certifications City of Delray Beach Page 5 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 6.G. APPROVAL OF AMENDMENT NO. 2 TO THE EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WASTE MANAGEMENT INC. OF FLORIDA FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS. Recommendation: Motion to Approve Amendment No. 2 to the Exclusive Franchise Solid Waste and Recycling Collection Agreement dated February 27, 2023 between the City of Delray Beach and Waste Management Inc. of Florida. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Amendment No. 2 WM Exclusive Franchise Agreement Simple Legal Review Approval Amendment No. 2 WM Franchise Agreement - Waste Management, Inc. of Florida (RFP No. 2022-046 - Exclusive Franchise Agreemen 6.H. APPROVAL OF RESOLUTION NO. 141-24, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING AND ADOPTING CHARGES, RATES, FEES FOR SOLID WASTE COLLECTION SERVICES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Recommendation: Motion to approve Resolution No. 141-24, amending the rates for sanitation services in accordance with the terms and conditions of the City’s exclusive franchise agreement. Sponsors: Neighborhood & Community Services Attachments: Agenda Cover Report Res 141-24 - Adopting Updated Sanitation Rates Legal Review Res 141-24 - Adopting Updated Sanitation Rates Franchise Agreement - Waste Management, Inc. of Florida (RFP No. 2022-046 - Exclusive Franchise Agreemen 6.I. APPROVAL TO APPLY FOR ADDITIONAL FUNDING FROM FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2023/2024 DRONE REPLACEMENT PROGRAM Recommendation: Motion to approve application for additional funding from Florida Department of Law Enforcement FY 2023/2024 Drone Replacement Program. Sponsors: Police Department Attachments: Agenda Cover Report Drone Replacement Program Financial Assistance Agreement - Florida Department of Law Enforcement (FDLE) FY23-24-Drone-Program-Supplemental-Funding-Request.aspx House Amendment Bill No HB5003 - 2024 Legal Review Form_FY23-24 FDLE Drone Program Supplemental Funding Request City of Delray Beach Page 6 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 6.J. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 103 BASIN DR. Recommendation: Consideration of the following items: Item A1 - Motion to approve and accept a Right-of-Way Dedication by the owners of 103 Basin Dr. Sponsors: Public Works Department Attachments: Agenda Cover Report A1a - Right of Way Deed - 103 Basin Dr. - Peter and Staci Hecht A1b - Legal Review Right of Way Deed - 103 Basin Drive - Peter and Staci Hecht 6.K. APPROVAL OF AMENDMENT NO. 5 TO RFP NO. 2019-003 WITH SUNSHINE CLEANING SYSTEMS, LLC. FOR CITYWIDE JANITORIAL SERVICES TO INCREASE THE PRICING SCHEDULE IN THE AMOUNT OF $22,995.72 FOR A REVISED CONTRACT TOTAL OF $2,557,700.34 Recommendation: Motion to approve Amendment No. 5 to RFP No. 2019-003 with Sunshine Cleaning Systems, LLC. for Citywide Janitorial Services to increase the Pricing Schedule in the amount of $22,995.72 for a revised contract total of $2,557,700.34. Sponsors: Public Works Department Attachments: Agenda Cover Report Amendment No. 5 to RFP No. 2019-003 Exhibit A Sunshine Cleaning Legal Review Checklist Sunshine Cleaning Amendment 5 CC Approval Amendment No. 4 to RFP No. 2019-003 Amendment No. 3 to RFP No. 2019-003 Additional Spending Request #1 Amendment No. 2 to RFP No. 2019-003 Amendment No. 1 to RFP No. 2019-003 Agreement RFP No. 2019-003 City of Delray Beach Page 7 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 6.L. APPROVAL FOR ADDITIONAL SPENDING ON SOLE SOURCE NO. SS2023-018 WITH TEN-8 FIRE & SAFETY, LLC FOR ORIGINAL EQUIPMENT MANUFACTURER PARTS AND RELATED SERVICE IN THE AMOUNT OF $20,000 PER YEAR, FOR A REVISED TOTAL VALUE OF $136,000. Recommendation: Motion to approve additional spending on Sole Source No. SS2023-018 with TEN-8 Fire & Safety, LLC for Original Equipment Manufacturer Parts and Related Service in the amount of $20,000 per year, for revised total value of $136,000. Sponsors: Public Works Department Attachments: Agenda Cover Report Agenda Cover Memo - Addt'l Spending #1 3.5.2024 SS 2023-018 6.M. APPROVAL OF ADDITIONAL SPENDING FOR THE AGREEMENT WITH JUSTIN ARCHITECTS, P.A. FOR DESIGN SERVICES FOR POMPEY PARK COMMUNITY CENTER AND CAMPUS PURSUANT TO RFQ NO. 2019-050 IN THE AMOUNT OF $63,220 FOR A REVISED TOTAL OF $2,140,932 Recommendation: Motion to Approve Additional Spending for the Agreement with Justin Architects, P.A., for Design Services for Pompey Park Community Center and Campus Design pursuant to RFQ No. 2019-050 (Public Works Project No. 16-102), in the amount of $63,220 for a revised total of $2,140,932. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Additional Spending Request - Proposal Agreement RFQ No. 2019-050 Assignment & Assumption Agreement - Cartaya & Associates Archite Resolution No. 82-21 6.N. APPROVAL FOR ADDITIONAL SPENDING ON P2019-024 WITH KONE INC. FOR ELEVATOR MAINTENANCE, INSPECTION, AND MODERNIZATION IN THE AMOUNT OF $114,712 FOR A REVISED CONTRACT TOTAL OF $1,362,847 Recommendation: Motion to approve Additional Spending on P2019-024 with Kone, Inc. for Elevator Maintenance, Inspection, and Modernization in the amount of $114,712 for a revised contract total of $1,362,847. Sponsors: Public Works Department and Purchasing Department Attachments: Agenda Cover Report Additional Spending Request #2 2.20.24 Additional Spending Request #1 Amendment No.1 to P2019-024 with KONE Agreement P2019-024 Res No. 49-19 City of Delray Beach Page 8 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 6.O. PROCLAMATIONS: 6.O.1. BACK TO SCHOOL DAY PROCLAMATION Sponsors: City Manager Department Attachments: Agenda Cover Report Back-To School Proclamation 6.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 6.P.1. None 6.Q. AWARD OF BIDS AND CONTRACTS: 6.Q.1. APPROVAL OF RESOLUTION NO. 108-24 TO AWARD AN AGREEMENT WITH HINTERLAND GROUP, INC., FOR LIFT STATION REHABILITATION SERVICES UTILITIZING PALM BEACH COUNTY WATER UTILITIES DEPARTMENT (PBCWUD) LIFT STATION REHABILITATION CONSTRUCTION CONTRACT NO. PBCWD 23-031 IN A TOTAL AMOUNT NOT TO EXCEED $1,020,000. Recommendation: Motion to Approve Resolution No. 108-24 to award an agreement with Hinterland Group, Inc., for lift station rehabilitation services utilizing Palm Beach County Water Utilities Department (PBCWUD) Liftstation Rehabilitation Construction Contract No. PBCWD 23-031 in the amount of $1,020,000 and authorize the City Manager to approve renewal options in the amounts listed below, contingent upon appropriation of funds. Sponsors: Utilities Department and Purchasing Department Attachments: Agenda Cover Report Lift Station legal review.pdf Master Contractor_Services Agreement - HGI Signed.pdf Resolution 108-24 lg rev final Solicitation Document City of Delray Beach Page 9 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 6.Q.2. APPROVAL OF RESOLUTION NO.142-24 TO AWARD AN AGREEMENT WITH MUSCO LIGHTING LLC FOR SPORTS LIGHTING SOLUTIONS WITH RELATED TECHNOLOGY, EQUIPMENT AND SERVICES UTILIZING SOURCEWELL RFP NO. 041123 IN THE AMOUNT OF $924,061 Recommendation: Motion to approve Resolution No. 142-24 to award an agreement with Musco Lighting LLC for Sports Lighting Solutions with Related Technology, Equipment and Services utilizing Sourcewell RFP No. 041123 in the amount of $924,061 for Seacrest Soccer Complex and Hilltopper Stadium. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Reso 142-24.docx P2024-035 Sports Lighting_Musco_MSA_2024.docx Sourcewell Quote 226547_Seacrest_Hilltopper_Lighting 2024.pdf Sourcewell Customer Information Package July 2023_Musco.pdf Original RFP041123_Sourcewell_Musco.pdf 041123-MSL - Price Information_Musco.pdf Legal Review_Musco Sports Lighting.pdf 6.Q.3. APPROVAL OF RESOLUTION NO. 149-24: A RESOLUTION APPROVING AN AGREEMENT WITH BFAV LLC DBA ALL ON STAGE PRODUCTIONS FOR SOUND, STAGE AND LIGHTING SERVICES PURSUANT TO RFP 2024-021 FOR UP TO $338,316.00 ANNUALLY FOR A FIVE YEAR CONTRACT IN THE AMOUNT OF $1,691,580.00 Recommendation: Motion to approve Resolution No. 149-24 to award an agreement to BFAV LLC dba All on Stage Productions for Sound, Stage and Lighting Services pursuant to RFP 2024-021 in the not to exceed amount of $338,316.00 annually, for a Five-Year (5) total of $1,691,580.00; authorizing the City Manager to take all actions necessary to effectuate this agreement; and for other purposes. Sponsors: Parks & Recreation Department and Purchasing Department Attachments: Agenda Cover Report Legal Review_ Agmt with BFAV - sound stage and lighting services - RFP 2024-021.pdf Agreement RFP 2024-021 Sound Stage and Lighting Services.docx Exhibit A_AllonStage_2024.pdf Packet_for_Bid_RFP_2024-021 FINAL_SoundStageLighting.pdf Resolution 149-24 lg rev final 7. REGULAR AGENDA: City of Delray Beach Page 10 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 7.A. OFF-SITE PARKING AGREEMENT FOR 324 NE 3rd AVENUE Recommendation: Consideration of an off-site parking agreement associated with the property located at 324 NE 3rd Avenue. Sponsors: Development Services Department Attachments: Agenda Cover Report Tri-Party Offsite Parking Agreement 2024_325 NE 3rd Ave 324 NE 3rd Avenue - Location Map Legal Review Tri-Party Offsite Parking Agreement - 324 and 325 NE 3rd Avenue - 324 Lofts and DEL PARK LLC 7.B. NOMINATION FOR APPOINTMENT TO THE BOARD OF ADJUSTMENT Recommendation: Motion to approve the nomination for an appointment for two (2) regular members to serve a term ending August 31, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Board of Adjustment Board Member List BOA ATTENDANCE DeLacio, John Ramirez, Aura Ronald, Mark City of Delray Beach Page 11 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 7.C. NOMINATION FOR APPOINTMENT TO THE PLANNING AND ZONING BOARD Recommendation: Motion to approve the nomination for an appointment for three (3) qualified members to serve a term ending August 31, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A Planning & Zoning Member List P&Z Attendance Amani, Sandra Baffer Cohen, Steven Cohn, Damara DeLacio, John Dockerty Dumitrescu Fredericks, Carol Godbout, Christina Katz, Mitch Kapustein King, Cara Kiser, Mereida Morrison Nelson Ronald, Mark Schiff Snyder Sauarez, Lucika Savitch Straghn Vedder, Jim Villanoix, Wensky City of Delray Beach Page 12 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 7.D. NOMINATION FOR APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Recommendation: Motion to approve nomination for an appointment for four (4) members to serve a term ending August 31, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A (07-30-24) Historic Preservation Board Member List HPB Attendance Amani, Sandra Baffer Brown, Sarah Cabezas Cohen, Steven DeLacio Dumitrescu Fredericks, Carol Godbout Jones, Adam Lembovski Mamone Miller, John Perez Schiff Talbot, Rhett Willis City of Delray Beach Page 13 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 7.E. NOMINATION FOR AN APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE BOARD Recommendation: Motion to approve nomination for an appointment for three (3) regular members to serve a term ending August 31, 2026. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A SPRAB SPRAB ATTENDANCE Amani, Sandra Baffer Cohen, Steven DeLacio Dumitrescu Godbout Katz, Mitch Kapustein King, Cara Kiser, Mereida Lewis, Robert Morrison Nelson Perez Posovsky, Stephen Ronald, Mark Talbot, Rhett Villanoix, Wensky Vedder, Jim 2 City of Delray Beach Page 14 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 7.F. NOMINATION FOR APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY BOARD Recommendation: Motion to approve the nomination for one (1) tax-qualified member to serve a term ending July 1, 2027. Sponsors: City Clerk Department Attachments: Agenda Cover Report Exhibit A DDA Board Member List DDA Board Attendance DDA Map Costilo, Alan Dockerty Rose, Daniel 8. PUBLIC HEARINGS/SECOND READINGS: 8.A. ORDINANCE NO. 25-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, “DEPARTMENTS, BOARDS AND COMMISSIONS”, BY AMENDING SECTION 32.26, “COMPOSITION; APPOINTMENT; TERMS” TO REDUCE THE NUMBER OF THE EDUCATION BOARD MEMBERS FROM 13 MEMBERS TO 7 REGULAR MEMBERS; BY AMENDING SECTION 32.28. “QUALIFICATIONS OF MEMBERS” TO UPDATE THE QUALIFICATIONS BY REQUIRING BOARD MEMBERS TO BE EITHER A PARENT OR EDUCATOR FROM EACH OF THE DELRAY BEACH PUBLIC SCHOOLS; BY AMENDING SECTION 32.29, “DUTIES AND RESPONSIBILITIES” TO UPDATE THE PURPOSE OF THE BOARD; PROVIDING A SAVINGS CLAUSE, GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (SECOND READING) Recommendation: Staff recommends approval. Sponsors: City Manager Department Attachments: Agenda Cover Report BIE--Ordinance 25-24 (Education Board)_SIGNED Ordinance Legal Review Form_Ord 25-24 Amending Education Board Composition, Qualifications, and Duties Ord 25-24 Amending Education Board Ordinance 7.1.24 9. FIRST READINGS: City of Delray Beach Page 15 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 9.A. 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. (FIRST READING) Recommendation: Consider Ordinance No. 23-24, a City initiated 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. Sponsors: Utilities Department Attachments: Agenda Cover Report 1-Business Impact Estimate Form -Ord 23-24_SIGNED.pdf Ord 23 -24 Pharmaceutical WMB 2024 06 17 Ord 23-24 Sewer Discharge Pharmaceuticals.pdf City of Delray Beach Page 16 Printed on 8/5/2024 City Commission Regular Commission Meeting August 5, 2024 9.B. 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. (FIRST READING) Recommendation: Consider Ordinance No. 24-24, a City initiated 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, providing a severability clause, authority to codify, and providing an effective date. Sponsors: Utilities Department Attachments: Agenda Cover Report 1-Business Impact Estimate Form -Ord 24-24_SIGNED.pdf Ord 24-24 Sewer Discharge Dental Amalgam Fillings.pdf Ord 24-24 Sewer Discharge for Dental Office WMB 2024 06 17 10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 11. ADJOURNMENT 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. City of Delray Beach Page 17 Printed on 8/5/2024