City Commission
Regular MeetingDelray Beach, FL · June 3, 2025
Minutes
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000
www.delraybeachfl.gov
Minutes - Final
Tuesday, June 3, 2025
5:00 PM
Regular Meeting at 5:00 PM
Delray Beach City Hall or Watch on YouTube:
https://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/s
treams
City Commission
Mayor Thomas F. Carney, Jr.
Vice Mayor Rob Long
Deputy Vice Mayor Angela Burns
Commissioner Tom Markert
Commissioner Juli Casale
City Commission Minutes - Final June 3, 2025
1. ROLL CALL
The June 3, 2025 Regular City Commission Meeting was called to order at
5:00 p.m. Alexis Givings, City Clerk, called the roll, and the following were
present:
Terrence Moore, City Manager
Lynn Gelin, City Attorney
Alexis Givings, City Clerk
Present: 5- Commissioner Tom Markert , Mayor Thomas F. Carney Jr., Deputy Vice Mayor
Angela Burns, Commissioner Juli Casale, and Vice-Mayor Rob Long
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
3.A. Additions, Deletions, Substitutions
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve the Consent Agenda.
all were in favor
4. PRESENTATIONS:
4.A. PROCLAMATION IN MEMORY OF KERRY B. KOEN, RETIRED FIRE
CHIEF
Sponsors: Fire Rescue Department
Attachments: Proclamation - Honoring Kerry B. Koen
Mayor Carney read the proclamation into the record and highlighted Mr.
Koen’s contributions to the Fire Department, referring to him as a valued
friend. He then presented the proclamation to Mrs. Koen.
4.B. UPDATE FROM MARK DEARMAN REGARDING THE PFAS LITIGATION
SETTLEMENT
Sponsors: City Attorney Department
Ms. Gelin stated this item was postponed for 2 weeks.
4.C. LEGISLATIVE UPDATE BY SENATOR LORI BERMAN AND
REPRESENTATIVE CASELLO
Sponsors: City Clerk Department
Mr. Moore stated that this item was postponed.
4.D. PRESENTATION OF THE CITY'S FY2024 ANNUAL COMPREHENSIVE
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FINANCIAL REPORT (ACFR)
Sponsors: Finance Department
Attachments: Agenda Cover Report
City of Delray Beach Annual Comprehensive Financial Report FY24
ACFR 2024 - Issued
Moises Ariza and Scott Montgomery, Certified Public Accountants with
CBIZ Consultants, summarized the City of Delray Beach's 2024 Annual
Comprehensive Financial Report (ACFR). Mr. Ariza highlighted specific
sections of the report's findings to the Commission. He stated that pages 4
to 17, titled "Management’s Discussion and Analysis" (MD&A), include the
most critical analysis of the report. He noted that this section emphasizes
the financial metrics from the past 2 fiscal years. He discussed the pension
trust funds and the methodology for reporting them. He pointed out that the
report (pages 151-153) shows the changes in net position for the past 10
fiscal years, which included taxable property values. He concluded that,
following the Florida Auditor General's guidelines, his firm found no decline
in the City's financial condition.
Commissioner Casale noted that, according to the report, the City’s
expenses were out pacing its revenues. Specifically, the City's
expenditures totaled $181 million, while revenues were $175.7 million. This
showed that the City has had to use $5.3 million from its reserves (fund
balance) to balance the budget for the past 3 years. She also discussed
the general pension and the unfunded pensions for the police and fire
departments.
The Commission thanked Mr. Ariza for his comprehensive reporting.
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
5.A. City Manager's response to inquiries and highlights
Mr. Moore addressed Consent Item No. 6.E. regarding the City's
sponsorship of the Davis Cup. He noted that the value and level of
sponsorship primarily consisted of in-kind contributions and that hosting the
Davis Cup aligns with other tennis events.
5.B. From the Public
Nancy Chanin, 200 NE 2nd Avenue, Delray Beach
Expressed her concern that the Police Department has been operating
without a contract since October, resulting in the City losing officers to the
Palm Beach County Sheriff’s Office.
Christina (no last name or address given)
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Spoke on behalf of Donald Lenzi, who resides at 401 West Atlantic
Avenue. She mentioned that 404 Grooves Kitchen and Daiquiri's
Restaurant were operating as nightclubs, not restaurants, as initially
believed. She stated that the club was so loud that it rattled the building
next door until late into the night, at which point they would then engage in
an after-party in the streets. She requested the Commission to look into
this matter as soon as possible.
Kae Jonsons, 100 West Atlantic Avenue, Delray Beach (The Delray Beach
Public Library)
Spoke about 3 significant family events that will be held at the Delray
Beach Public Library starting on Saturday, June 7th, at 10:00 a.m.
Additionally, she mentioned that from Monday - Friday, the library will offer
free lunches for children aged 18 years and under from 11:30 a.m. - 12:30
p.m. through the end of July.
Montre Bennett, 323 NW 2nd Avenue, Delray Beach.
Suggested the Cemetery should hold cremations.
Thanked everyone who voted for him in the cooking competition.
Mentioned that West Atlantic Avenue could hear the music coming from
East Atlantic Avenue, and West Atlantic Avenue would like to have the
same opportunity to play their music.
Requested that any funds the City receives from lawsuits be applied to the
new Water Tower to help offset the increase in residents' water bills.
Thanked the City for the Rock the Block Event.
Marjorie Waldo, Arts Garage
Shared information from the Florida Cultural Alliance and discussed the
House Bills passed during the last legislative session, with a particular
emphasis on tourism.
Laura Simon, Executive Director of the Downtown Development Authority
Discussed their summer campaign titled “Love Delray”.
Recognized the City as winning the Best Beach award for the second time.
Mentioned the Davis Cup will coincide with other City events, helping to
generate funds for the City.
Mrs. Odell, with Changing Lives of Delray, located at 100 East Linton Blvd.
Discussed the numerous programs that the organization offers to help
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individuals experiencing homelessness or who are at risk to achieve
self-sufficiency. The organization also works to support and promote local
businesses.
Paul Cannon, 1021 East Heritage Club, Delray Beach
Requested the City come to an agreement with the Police Department’s
contract.
John Harris, 1000 North Dixie Highway, Boca Raton
Expressed his gratitude to the Commission for their proclamation
recognizing Gun Violence Awareness.
Seeing no one else present, Mayor Carney closed public comments.
Commissioner Casale requested to engage in a public presentation at an
upcoming meeting to address any misinformation the public may have
regarding the Police Department's salary negotiations and the reasons for
the stall.
Mayor Carney supported informing residents about the contract
negotiations. He proposed adding this presentation to the Commission
Workshop next week.
Mr. Moore stated that the agenda for June 10th will be revised to include
this item as the first item on the agenda.
6. CONSENT AGENDA: City Manager Recommends Approval
At this time, Vice Mayor Long requested to pull Consent Item No. 6.M.2. to
allow him to read it into the record. It became Item No. 7.A.A. on the
Regular Agenda.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve the Consent Agenda as amended.
all were in favor
6.A. CITY COMMISSION MEETING MINUTES
Sponsors: City Clerk Department
Attachments: Agenda Cover Report
May 20, 2025 Budget Workshop Meeting Minutes - DRAFT
The Minutes were approved.
6.B. RESOLUTION 100-25: A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN ANNUAL
SPECIAL EVENT PERMIT FOR A SERIES OF IMPACT EVENTS
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KNOWN AS “ART & JAZZ ON THE AVENUE 2025” TO BE HELD ON
JULY 23, 2025, SEPTEMBER 10, 2025 AND OCTOBER 22, 2025;
AUTHORIZING THE CLOSURE OF CERTAIN CITY RIGHT OF WAYS 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.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
REVISED ART AND JAZZ ON THE AVE - 2025 App, Maps
Resolution 100-25
Resolution 100-25 Legal Review
This Resolution was approved.
6.C. RESOLUTION NO. 101-25: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT
EVENT KNOWN AS THE 37th ANNUAL DOWNTOWN DELRAY BEACH
FESTIVAL OF THE ARTS TO BE HELD JANUARY 10-11, 2026;
AUTHORIZING THE CLOSURE OF WEST ATLANTIC AVENUE FROM
NW 5TH AVENUE TO 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.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
dray126permitsigned
dray126map copy
Resolution 101-25 37th Annual festival of the Arts Impact Event
Resolution 101-25 Legal Review
This Resolution was approved.
6.D. RESOLUTION NO. 119-25 AMENDING THE FISCAL YEAR 2024-25
BUDGET ADOPTED BY RESOLUTION NO.175-24 ON SEPTEMBER 16,
2024.
Sponsors: Finance Department
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Attachments: Agenda Cover Report
Resolution 119-25 Budget Amendment FY 2025 (003)
Exhibit A - Resolution 119-25 Budget Amendment 06.03.25
Budget Transfer Railroad Ins - signed
Memo from Human Resources
Simple Legal Review Approval Budget Amendment 119-25
This Resolution was approved.
6.E. REQUEST TO APPROVE HOST FACILITY AGREEMENT BETWEEN
THE UNITED STATES TENNIS ASSOCIATION INC. AND THE CITY OF
DELRAY BEACH TO HOST AND SPONSOR THE DAVIS CUP TIE
EVENT SEPTEMBER 12-13, 2025 IN A NOT TO EXCEED AMOUNT OF
$490,000 (includes in-kind services and waived fees) AT THE DELRAY
BEACH TENNIS CENTER.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Report
Davis Cup Agreement w USTA
Davis Cup Agreement with USTA - Legal Review
This Request was approved.
6.F. APPROVAL TO APPLY FOR THE HEALTHY KIDS INITIATIVE
PLAYGROUND GRANT
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Report
Healthy Kids Grant application 2025
This Request was approved.
6.G. INTERLOCAL AGREEMENT (ILA) BETWEEN THE CITY OF DELRAY
BEACH AND PALM BEACH COUNTY (PBC) FOR THE UPCOMING
SHORELINE PROTECTION PROJECT, SUPPORTING THE WINTER
2025 / 2026 US ARMY CORPS OF ENGINEERS (USACE) FLOOD
CONTROL AND COASTAL EMERGENCY (FCCE) AND BEACH
RENOURISHMENT PROJECT (PROJECT NO. 17-081)
Sponsors: Public Works Department
Attachments: Agenda Cover Report
ILA 5-20-25 Final
Simple Legal Review Approval ILA with PBC for Beach Shoreline
Protection
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This Request was approved.
6.H. APPROVAL FOR ADDITIONAL SPENDING ON SOLE SOURCE NO.
SS2024-006 WITH KELLY TRACTOR COMPANY FOR ORIGINAL
EQUIPMENT MANUFACTURER (OEM) PARTS AND RELATED
SERVICE FOR CATERPILLAR EQUIPMENT IN THE AMOUNT OF
$10,000 FOR A REVISED TOTAL VALUE OF $30,000.00
Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Fully Executed SS2024-006 Kelly Tractor
This Request was approved.
6.I. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 15
NE 16th CT.
ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY
202 NE 5TH TER.
ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY
222 SE 5TH ST.
ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY
238 SW 2ND AVE.
ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY
327 SE 3RD AVE.
Sponsors: Public Works Department
Attachments: Agenda Cover Report
A1a - Right of Way - 15 NE 16th Ct - Ellen Sova Trust
A1b - Legal Review Right of Way - 15 NE 16th Ct - Ellen Sova Trust
A2a - Right of Way - 202 NE 5th Ter - Marc Schliesman and Amy
Davidson
A2b - Legal Review Right of Way - 202 NE 5th Terr - Marc Schliesman
and Amy Davidson
A3a - Right of Way - 222 SE 5th St - KM ONE LLC
A3b - Legal Review Right of Way - 222 SE 5th St - KM ONE LLC
A4a - Right of Way - 238 SW 2nd Ave - Ian Higgins
A4b - Legal Review Right of Way - 238 SW 2nd Ave - Ian and Dana
Higgins
A5a - Right of Way - 327 SE 3rd Ave - David and Mihaela Plaza
A5b - Legal Review Right of Way - 327 SE 3rd Ave - David and
Mihaela Plaza
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This Request was approved.
6.J. ITEM A1 - ACCEPTANCE OF A WATER AND SEWER UTILITY
EASEMENT FOR 410 ENFIELD TERRACE.
Sponsors: Utilities Department
Attachments: Agenda Cover Report
Water Sewer Utility Easement Agreement_410 Enfield Terrace_PCN
12-43-46-08-13-000-020 (002)
410 Enfield Terrace Water and Sewer Utility Easement Agreement LR
This Request was approved.
6.K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 28, 2025,
AND APPROVAL OF THE FY2025/2026 PROPOSED BUDGET.
Sponsors: Utilities Department
Attachments: Agenda Cover Report
FY2026 Delray Beach Ratification rev. kwb
Simple Legal Review Approval Ratification of South Central Regional
2025
This Request was approved.
6.L. MOTION TO CORRECT THE SCRIVENER'S ERROR ON RESOLUTION
60-25 ADOPTED AT THE MAY 20,2025 CITY COMMISSION MEETING.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Res. No. 60-25 (Approved).pdf
Res. No. 64-25 (Corrected).docx
This Resolution was approved.
6.M. PROCLAMATIONS:
6.M.1. GUN VIOLENCE AWARENESS DAY PROCLAMATION
Sponsors: City Clerk Department
Attachments: Agenda Cover Report
GUN VIOLENCE AWARENESS DAY PROCLAMATION 2025
This Proclamation was approved.
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6.M.2. PROCLAMATION LGBTQ PRIDE MONTH
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Report
Pride_proclamation_2025
Vice Mayor Long requested to pull this item from the Consent Agenda to
allow him to read it into the record. It became Item No. 7.A.A. on the
Regular Agenda.
Vice Mayor Long recognized the significance of inclusion, affirmation, and
visibility and subsequently read the proclamation into the record.
A motion was made by Vice Mayor Long, seconded by Deputy Vice Mayor Burns,
to approve this proclamation.
all were in favor
This Proclamation was approved.
6.M.3. PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 2-6, 2025
AS CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK
Sponsors: Neighborhood & Community Services
Attachments: Agenda Cover Report
Code Enforcement Officers' Appreciation Week 2025
This Proclamation was approved.
6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.N.1. None
6.O. AWARD OF BIDS AND CONTRACTS:
6.O.1. APPROVAL OF RESOLUTION NO. 48-25 TO AUTHORIZE A NEW
FIVE-YEAR AGREEMENT WITH EMS TECHNOLOGY SOLUTIONS, LLC
FOR THE OPERATIVE IQ PROGRAM, DESIGNATED AS A CITY
STANDARD FOR THE DELRAY BEACH FIRE RESCUE DEPARTMENT
Sponsors: Fire Rescue Department
Attachments: Agenda Cover Report
CS2025-006 City of Delray Beach_EMS
Tech_Main_Services_Agreement__final
Res 48-25 Opertative IQ software - City Standard_lw rev
Legal Review Checklist_Operative IQ
City Standard Memo
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This Resolution was approved.
6.O.2. APPROVAL OF RESOLUTION NO. 63-25 TO AUTHORIZE AN
AGREEMENT WITH CINTAS CORPORATION NO. 2 FOR PURCHASE
FIRE RESCUE RELATED FACILITY SERVICES AND SUPPLIES.
Sponsors: Fire Rescue Department
Attachments: Agenda Cover Report
Legal Review Checklist_MSA Cintas Corp No 2.pdf
P2025-016 MSA Piggyback (2)
Res 63-25_P2025-009- Cintas_lw rev
Cintas_Nebraska Contract
OMNIA FAS Acceptance Agreement (Nebraska) 2023 (Rev 8.1.23)
RFP_Nebraska original
This Resolution was approved.
6.O.3. APPROVAL OF RESOLUTION NO. 91-25 TO AWARD AN AGREEMENT
WITH GENUINE PARTS COMPANY DBA NAPA AUTO PARTS FOR THE
PURCHASE OF AFTERMARKET VEHICLE PARTS AND SUPPLIES
UTILIZING SOURCEWELL RFP NO. 100124 IN THE AMOUNT OF
$140,000.00
Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Res 91-25 - Napa Auto Parts - Piggyback Sourcewell RFP #100124
MSA - Aftermarket Vehicular Parts and Services - Sourcewll
Piggyback - Genuine Parts Company dba Napa Auto Parts v2 - Clean
Ex A MSA - Aftermarket Vehicular Parts and Services - Sourcewll
Piggyback - Genuine Parts Company dba Napa Auto Parts
Legal Review MSA - Aftermarket Vehicular Parts and Services -
Sourcewll Piggyback - Genuine Parts Company dba Napa Auto Parts
Sourcewell Agreement RFP No. 100124-GPC
Proposal Evaluation RFP No. 100124
Sourcewell RFP and Addendums 100124
This Resolution was approved.
6.O.4. APPROVAL OF RESOLUTIONS NO. 97-25, 98-25, AND 99-25 TO
AWARD AGREEMENTS TO CJ CONTRACTING, LLC, I.Q.
CONSTRUCTION, INC., AND WAYPOINT CONTRACTING, INC. FOR
GENERAL CONTRACTOR SERVICES FOR MINOR CONSTRUCTION
PROJECTS PURSUANT TO INVITATION TO BID (ITB) 2025-028 IN THE
AMOUNT OF $1,000,000.00
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Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Resolution No. 97-25_CJ Contracting rev. kwb 5.7.25
Resolution No. 98-25_I. Q. Contructions, Inc.
Resolution No. 99-25_Waypoint Contracting, Inc.
ITB 2025-028_Agreement_CJ Contracting, LLC_General Contractor
Services for Minor Constructions
ITB 2025-028_Agreement_I.Q. Construction, Inc. General Contractor
Services for Minor Constructions
ITB 2025-028_Agreement_Waypoint Contracting, Inc. General
Contractor Services for Minor Constructions
Legal Review - CJ Contracting
Legal Review - IQ Constructions Inc.
Legal Review - Waypoint Inc
Bid Submittal - CJ Contracting, LLC
Bid Submittal - I.Q. Constructions, Inc.
Bid Submittal - Waypoint Contracting, Inc.
Final Solicitation ITB 2025-028_ General Contractor Services
ITB2025-028 Price Analysis
This Resolution was approved.
6.O.5. APPROVAL OF RESOLUTION NO. 104-25 TO AWARD AN
AGREEMENT WITH MIDWEST MOTOR SUPPLY CO., DBA KIMBALL
MIDWEST FOR THE PURCHASE OF MAINTENANCE, REPAIR AND
OPERATIONS (MRO) SUPPLIES, EQUIPMENT, AND RELATED
PRODUCTS AND SERVICES UTILIZING REGION 4 ESC/OMNIA
PARTNERS REQUEST FOR PROPOSAL (RFP) NO. 24-08 IN THE
AMOUNT OF $86,000.00
Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Resolution No 104-25
P2025-017 - Maintenance, Repair and Operations (MRO) Supplies
and Equipment
Exhibit A to Agreement
Legal Review - MRO_Kimball Midwest
Contract #R240805_Kimball Midwest
Solicitation 24-08
This Resolution was approved.
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7. REGULAR AGENDA:
7.A. RESOLUTION NO. 94-25: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER
TO SECTION 4.4.13(D)(1)(b)1. b. OF THE LAND DEVELOPMENT
REGULATIONS TO ALLOW AN AWNING TO ENCROACH INTO THE
FRONT SETBACK 9 FEET 7 INCHES, WHEREAS THE MAXIMUM
ALLOWABLE ENCROACHMENT IS 4 FEET, FOR THE PROJECT
LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)
RESOLUTION NO. 95-25: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER
TO SECTION 4.4.13(E)(2)(a)1. OF THE LAND DEVELOPMENT
REGULATIONS TO REDUCE THE WIDTH OF THE CURB ZONE TO 0
FEET FOR A PORTION OF THE STREETSCAPE, FOR THE PROJECT
LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES. (QUASI-JUDICIAL HEARING)
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Resolution No. 94-25 Waiver 1 (Awning Encroachment), American
Social - 5.13.25
Resolution No. 95-25 Waiver 2 (Curb Zone), American Social
Waiver Justification (Canopy Design), American Social
Waiver Justification (Streetscape Design), American Social
PZB Staff Report, American Social CBD Waivers
Site Plan and Elevation Set (For Reference Only), American Social
Civil Plan Set (For Reference Only), American Social
Landscape Plan Set (For Reference Only), American Social
PBC TPS Approval Letter, American Social
DDA Recommendation, American Social
Simple Legal Review Approval American Social 94-25
Simple Legal Review Approval American Social 95-25
Mayor Carney read the quasi-judicial rules into the record for Item Nos.
7.A., 7.B., and 7.C.
Ms. Givings swore in those individuals who wished to provide testimony on
any quasi-judicial item.
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Ms. Gelin entered Resolution No. 94-25 and 95-25, and Resolution No.
93-25 into the record.
Mayor Carney asked his colleagues to disclose any ex-parte
communications for Item Nos. 7.A. or 7.B.
Mayor Carney: Spoke with the applicant, the applicant’s representative,
and what was on the server.
Vice Mayor Long: Spoke with the applicant, the applicant’s representative,
and what was on the server.
Deputy Vice Mayor Burns: Spoke with the applicant, the applicant’s
representative, and what was on the server.
Commissioner Markert: Spoke with the applicant, the applicant’s
representative, and what was on the server.
Commissioner Casale: Spoke with the applicant, the applicant’s
representative, and what was on the server.
Anthea Gianniotes, Development Services Director, entered File No.
2025-090 into the record.
Christina Bilenki, attorney representing the applicant, presented a request
for 2 separate waivers for the property located at 220 NE 1st Street, also
known as American Social. These waivers would permit outdoor dining by
omitting the required 4-foot curb zone adjacent to on-street parking, and
grant permission to exceed the maximum awning setback encroachment of
4 feet. She provided the previously approved site plan and showcased the
proposed requests.
Ms. Gianniotes, provided a staff report on this item. She stated that on May
19, 2025, the Planning and Zoning Board approved Waiver No. 1 with a
vote of 4-0 for the awning encroachment and approved Waiver No. 2 with a
vote of 4-0 concerning the curb zone.
Mayor Carney opened the floor to anyone who wished to speak on this
item.
George Long, 46 North Swinton Avenue, Delray Beach
Stated that he approved of this item, and adding a café. He cautioned the
Commission that a Tril Rail Station may be designed for that area in the
near future.
Seeing no one else present, Mayor Carney closed public comments.
There was no cross-examination or rebuttal from either side.
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A discussion ensued amongst the Commission, and everyone expressed
their support for approving both requests, highlighting how this request
would enhance the area.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Resolution No. 94-25. The motion carried by the following vote:
Yes: 5 - Commissioner Markert, Mayor Carney Jr., Deputy Vice Mayor Burns,
Commissioner Casale, and Vice-Mayor Long
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Resolution No. 95-25. The motion carried by the following vote:
Yes: 5 - Commissioner Markert, Mayor Carney Jr., Deputy Vice Mayor Burns,
Commissioner Casale, and Vice-Mayor Long
7.B. RESOLUTION NO. 93-25: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A
REQUEST TO UTILIZE THE CONTEMPORARY FUNCTIONALISM
ARCHITECTURAL STYLE FOR THE PROJECT LOCATED AT 109 SE
5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(QUASI-JUDICIAL HEARING)
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Staff Report
Applicant Style Justification
Proposed Design (for reference)
Resolution 93-25
Legal Review Res 93-25
Mayor Carney asked his colleagues to disclose any ex-parte
communications for Item No. 7.B.
Mayor Carney: Spoke with Mr. Schiller.
Vice Mayor Long: Spoke with Mr. Schiller.
Deputy Vice Mayor Burns: Spoke with Mr. Schiller.
Commissioner Casale: Spoke with Mr. Schiller, the applicant's
representative, and what was on the server.
Commissioner Markert: Spoke with Mr. Schiller.
Ms. Gelin entered Resolution No. 93-25 into the record.
Ms. Gianniotes entered File No. 2024-104 into the record.
Neil Schiller, attorney for the applicant, introduced the developer for this
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project, Mr. Jerry Batoff, 109 5th Avenue, Delray Beach.
Mr. Schiller presented a request to use contemporary functionalism
architectural design for this project. He provided examples of how this
design was being utilized throughout South Florida and how it seamlessly
integrates into the surrounding area.
Ms. Gianniotes provided a staff report for this item. She stated the
applicant does not have sufficient documentation to show that the style is
contextually and historically appropriate for use within Downtown Delray
Beach. She mentioned direction has been given to consider removing
Masonry Modern from the design guidelines. She stated the Planning and
Zoning Board (PZB) recommended approval of this request on April 21,
2025, by a 4-2 vote, and deemed the elevations and landscaping to be
contextually appropriate, contributing positively to the area. She cautioned
the Commission whether the proposed design was a well-executed
example of Contemporary Functionalism as outlined in the report.
Mayor Carney opened the floor to anyone who wished to speak on this
item.
Seeing no one present, Mayor Carney closed public comments.
Mr. Schiller provided a rebuttal, stating that his client had initially wanted to
collaborate with staff to make modifications but was rebuffed. He noted his
client had intentionally not designed a building in the Masonry Modern style
and confirmed that his client was amenable to continue working with staff
on any modifications to refine the definition.
A discussion ensued amongst the Commission about the style of the
building and its conformity.
Rafik Ibrahim, Principal Planner, noted the site plan would be returned to
the Planning and Zoning Board, and changes to the design were
anticipated as both parties worked together.
Ms. Gianniotes emphasized the importance of adhering to the seven
approved architectural designs established by the City in 2015, noting that
disregarding them undermines their intended purpose.
Peggy Fitzgerald, architect for the project, mentioned the various iterations
that this design had previously undergone.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve the Masonry Modern architectural style for the project located
at 109 SE 5th Avenue. The motion carried by the following vote:
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City Commission Minutes - Final June 3, 2025
Yes: 5- Commissioner Markert, Mayor Carney Jr., Deputy Vice Mayor Burns,
Commissioner Casale, and Vice-Mayor Long
7.C. RESOLUTION NO. 110-25: A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN IN-LIEU
OF PARKING FEE REQUEST FOR THE PROJECT LOCATED AT 270
EAST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT CONSISTENT WITH THE APPROVAL HEREIN;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(QUASI-JUDICIAL HEARING)
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Resolution No. 110-25 In-Lieu of Parking Request- Roka Hula
In-Lieu Parking Agreement - 290 East Atlantic LLC (Signed)
Roka Hula - Justification Statement
Roka Hula - Site Plan
Legal Review Res 110-25 In-Lieu of Parking Request- Roka Hula
Legal Review In Lieu Parking Agreement - 290 East Atlantic LLC - 270
E Atlantic Ave
Ms. Gelin entered Resolution No. 110-25 into the record.
Mayor Carney asked his colleagues to disclose any ex-parte
communications for this item.
Mayor Carney: Spoke with the building owner.
Vice Mayor Long: The applicant reached out, but Vice Mayor Long didn’t
connect with him.
Deputy Vice Mayor Burns: Spoke with the applicant.
Commissioner Casale: Spoke with the applicant.
Commissioner Markert: Spoke with the applicant.
Christina Bilenki, attorney representing the applicant, was present to
request the Commission’s approval of an in-lieu parking fee for 4 parking
spaces, totaling $120,000. She stated the in-lieu fee request is intended to
accommodate 2 parking spaces for a new 157sf walk-in cooler and 2
parking spaces for outdoor seating along the breezeway. She mentioned
that approval from the Commission would allow the adaptive reuse of the
building.
Ms. Gianniotes provided a staff report for this item. She stated this request
supported the City’s adaptive reuse or expansion of an existing building,
resulting in a building not more than a total of 2 stories in height. She
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mentioned that the Parking Management Advisory Board (PMAB) on May
27, 2025, was cancelled, and the item had not received a recommendation
from this Board.
Mayor Carney opened the floor to anyone who wished to speak on this
item.
Laura Simon, Executive Director of the Downtown Development Authority
(DDA), stated that they support approving this item.
Seeing no one else present, Mayor Carney closed public comments.
There was no cross-examination or rebuttal from either side.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Resolution No. 110-25. The motion carried by the following
vote:
Yes: 5- Commissioner Markert, Mayor Carney Jr., Deputy Vice Mayor Burns,
Commissioner Casale, and Vice-Mayor Long
7.D. RESOLUTION 103-25: 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 7,
2026 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.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
Muscle on the Beach 2026 App and Map
Impact Event Resolution for Muscle on the Beach 103-25
Resolution 103-25 Legal Review
Ms. Gelin entered Resolution No.103-25 and Resolution No. 102-25 into
the record.
Allison Behrman, Special Events Manager, presented a staff report on this
item. She indicated that the event meets the City’s criteria for a Special
Events Sponsorship. She shared the estimated revenue and budget for the
project in 2026, noting that 100% of the show's profits would be donated to
the Sandoway Discovery Center.
Discussion ensued amongst the Commission regarding the popularity of
the event.
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City Commission Minutes - Final June 3, 2025
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Resolution No.103-25.
all were in favor
This Resolution was approved.
7.E. RESOLUTION 102-25: A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A SPECIAL
EVENT SPONSORSHIP IN AN AMOUNT NOT TO EXCEED $8,000.00
FOR THE SPECIAL EVENT KNOWN AS MUSCLE ON THE BEACH TO
BE HELD ON MARCH 7, 2026; AUTHORIZING THE CITY MANAGER TO
TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
Muscle on the Beach 2026 App and Map
Muscle Sponsorship Packet
Sponsorship Resolution 102-25
Resolution 102-25 Legal Review
Resolution No. 102-25 was entered into the record with Resolution
No.103-25.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Resolution No. 102-25.
all were in favor
This Resolution was approved.
7.F. NOMINATION FOR AN APPOINTMENT TO THE PLANNING AND
ZONING BOARD. BASED ON THE ROTATION SYSTEM, THE
NOMINATION FOR AN APPOINTMENT FOR ONE (1) QUALIFIED
MEMBER TO SERVE A TERM ENDING AUGUST 31, 2027, WILL BE
MADE BY VICE-MAYOR LONG (SEAT #2).
Sponsors: City Clerk Department
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City Commission Minutes - Final June 3, 2025
Attachments: Agenda Cover Report
Exhibit A
P&Z Board Members List
2025 PZB Attendance
Amani, Sandra
Baffer, Benjamin
Calderbank, Chris
Cohen, Steven
Delehanty, Terrence
Fredericks, Carol
Godbout, Christina
Keane, Kevin
King, Cara
Kiselewski, Karen
Kiser, Mereida
Ramirez, Aura
Sauarez, Lucika
A motion was made by Vice Mayor Long, seconded by Deputy Vice Mayor Burns,
to appoint Christina Godbout.
all were in favor
8. PUBLIC HEARINGS/SECOND READINGS:
8.A. ORDINANCE NO. 05-25: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A
COMPREHENSIVE PLAN AMENDMENT BY AMENDING POLICY NDC
1.4.7 OF THE NEIGHBORHOODS, DISTRICTS, AND CORRIDORS
ELEMENT OF THE ALWAYS DELRAY COMPREHENSIVE PLAN TO
ALLOW FOR THE COMMERCE LAND USE DESIGNATION ALONG
CONGRESS AVENUE SOUTH OF WEST ATLANTIC AVENUE;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
(SECOND READING/QUASI-JUDICIAL)
Sponsors: Development Services Department
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City Commission Minutes - Final June 3, 2025
Attachments: Agenda Cover Report
PZB Staff Report, Comprehensive Plan Text Amendment (Commerce
Land Use)
CBRE Congress Avenue Strategies Report
Ordinance No. 05-25, Comprehensive Plan Text Amendment
Exhibit A, Ordinance No. 05-25
Letter of No Objection, FloridaCommerce
Legal Review, Ordinance No. 05-25
Business Impact Estimate, Ordinance No. 05-25
Proof of Legal Advertisement, Ordinance No. 05-25
Ms. Gelin requested to enter into the record Items 8.A. through 8.D.
together, as they were related to the same project.
Mayor Carney asked anyone who wished to speak on this item to be sworn
in by the Clerk.
Mayor Carney asked his colleagues to disclose any ex-parte
communications for Item No. 8.A.
Mayor Carney: What was on the server.
Vice Mayor Long: What was on the server.
Deputy Vice Mayor Burns: What was on the server.
Commissioner Markert: What was on the server.
Commissioner Casale: What was on the server.
Ms. Gianniotes entered File No. 2025-088 into the record.
Ms. Gianniotes presented a staff report regarding this item. She explained
that this is a City-initiated text amendment aligned with the goals of the
Delray Beach Congress Avenue Strategic Plan. She highlighted that
several industrial businesses are interested in relocating to this area, but
are currently hindered by the existing zoning regulations. Additionally, she
informed the Commission that the Planning and Zoning Board voted 6-0 to
recommend approval during their meeting on February 24, 2025. There
was also no objection from the Department of Commerce.
A motion was made by Commissioner Casale, seconded by Commissioner
Markert, to approve Ordinance No. 05-25. The motion carried by the following
vote:
Yes: 5- Commissioner Markert, Mayor Carney Jr., Deputy Vice Mayor Burns,
Commissioner Casale, and Vice-Mayor Long
8.B. ORDINANCE NO. 06-25: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
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City Commission Minutes - Final June 3, 2025
CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,”
ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,”
SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,”
SUBSECTION (AA), “ADULT ENTERTAINMENT ESTABLISHMENTS,”
TO PROHIBIT ADULT ENTERTAINMENT ESTABLISHMENTS SOUTH
OF ATLANTIC AVENUE; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING
AN EFFECTIVE DATE. (SECOND READING/PUBLIC HEARING)
Sponsors: Development Services Department
Attachments: Agenda Cover Report
PZB Staff Report, Adult Entertainment LDR Amendment
Ordinance No. 06-25, Amending LDR Section 4.3.3(AA)
Legal Review, Ordinance No. 06-25
Business Impact Estimate, Ordinance No. 06-25
Proof of Legal Advertisement, Ord. No. 06-25
Ms. Gelin entered Ordinance No. 06-25 into the record.
Ms. Gianniotes entered File No. 2025-052 into the record.
Ms. Giannniotes stated that the City was proposing to change the language
in the Land Development Regulations for this item to include that “No adult
entertainment establishment shall be located on properties with frontage on
an arterial road, located south of Atlantic Avenue, or located east of the
CSX railroad track”. Additionally, she informed the Commission that the
Planning and Zoning Board voted 6-0 to recommend approval during their
meeting on February 24, 2025.
Mayor Carney opened the floor to anyone who wished to speak on Item No.
8.A. or 8.B.
Christina Morrison, 1000 Lowery Street, Delray Beach
Stated that she fully supported approving these two items and asked the
Commission to approve them as well.
Seeing no one else present, Mayor Carney closed public comments for
these two items.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Ordinance No. 06-25. The motion carried by the following vote:
Yes: 5- Commissioner Markert, Mayor Carney Jr., Deputy Vice Mayor Burns,
Commissioner Casale, and Vice-Mayor Long
8.C. ORDINANCE NO. 02-25: AN ORDINANCE OF THE CITY COMMISSION
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City Commission Minutes - Final June 3, 2025
OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A
SMALL-SCALE LAND USE MAP AMENDMENT REDESIGNATING A
PARCEL OF LAND MEASURING APPROXIMATELY 4.27 ACRES
LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM CONGRESS AVENUE
MIXED USE TO COMMERCE 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)
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Ord 02-25 - 955-975 S Congress Ave - LUM
PZB Staff Report
Existing and Proposed Land Use and Zoning
Justification Statement
Traffic Impact Statement
CBRE Congress Avenue Strategies Plan
Legal Review - Ord. No. 02-25 - LUM Amd 955-975 S Congress Ave
BIE Ord. No. 02-25 - LUMA 955-975 S Congress Ave
Proof of Legal Advertisement, Ordinance No. 02-25
Ms. Gelin entered Ordinance No. 02-25 into the record.
Ms. Gianniotes entered File No. 2025-053 into the record.
Mayor Carney asked his colleagues to disclose any ex-parte
communications for this item.
Mayor Carney: None.
Vice Mayor Long: None.
Deputy Vice Mayor Burns: None.
Commissioner Casale: None.
Commissioner Markert: None.
McKenna West, a certified land planner with Cotleur and Hearing, provided
a presentation on behalf of the applicant, for Ordinance No. 02-25 and
Ordinance No. 01-25, who was requesting a privately initiated small-scale
Land Use Map Amendment from Congress Avenue Mixed Use (CMU) to
Commerce Designation (CMR) for the property located at 955-975 South
Congress Avenue, and from Mixed Residential Office and Commercial
(MROC) to Mixed Industrial and Commercial (MIC). She stated that this
request was in line with the characteristics of the surrounding area. She
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addressed the limitations her client faces in securing new tenants and
obtaining permits for maintenance and renovations due to the current
zoning regulations. She concluded by stating that this request concurs with
the Always Delray Comprehensive Plan.
Ms. Gianniotes provided a brief report on the staff's findings, confirming the
information submitted by the applicant. She noted that the Planning and
Zoning Board approved both ordinances with a unanimous vote of 6-0 on
February 24, 2025. Additionally, the Interlocal Plan Amendment Review
Committee (IPARC) raised no objections to this request on December 19,
2024. Ms. Gianniotes noted that approving this item helps implement the
Street Sense advice and lowers the impact of the surrounding area.
Mayor Carney opened the floor to anyone who wished to speak on these
items.
Christina Morrison, 1000 Lowery Street, Delray Beach
Stated that the proposed zoning change was needed to revitalize this area.
Seeing no one else present, Mayor Carney closed public comments.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Ordinance No. 02-25.
all were in favor
This Ordinance was approved.
8.D. ORDINANCE NO. 01-25: AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND
MEASURING APPROXIMATELY 4.27 ACRES LOCATED AT 975
SOUTH CONGRESS AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM MIXED RESIDENTIAL, OFFICE, AND
COMMERCIAL TO MIXED INDUSTRIAL AND COMMERCIAL;
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. (SECOND READING/ PUBLIC HEARING)
Sponsors: Development Services Department
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Attachments: Agenda Cover Report
Ord 01-25 - 955-975 S Congress Ave - Rezoning
PZB Staff Report
Existing and Proposed Land Use and Zoning
Justification Statement
Traffic Impact Statement
CBRE Congress Avenue Strategies Plan
Legal Review - Ord. No. 01-25 - Rezoning 955-975 S Congress Ave
BIE Ord. No. 01-25 - Rezoning 955-975 S Congress Ave
Proof of Legal Advertisement, Ordinance No. 01-25
Ms. Gelin entered Ordinance No. 01-25 into the record.
Ms. Gianniotes entered File No. 2025-052 into the record.
This item was discussed with Ordinance No. 02-25.
A motion was made by Commissioner Casale, seconded by Deputy Vice Mayor
Burns, to approve Ordinance No. 01-25. The motion carried by the following vote:
Yes: 5- Commissioner Markert, Mayor Carney Jr., Deputy Vice Mayor Burns,
Commissioner Casale, and Vice-Mayor Long
9. FIRST READINGS:
9.A. None
10. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS:
A. City Manager
Mentioned that his office, along with staff, is working closely to assess
the need for continuing the Parking Management Advisory Board. He
requested the Commission's support in discussing this matter at the
Regular City Commission Meeting on July 8th and asked to postpone
any discussions about the board until that time.
The Commission unanimously supported this request.
B. City Attorney
None.
C. City Commission
Vice Mayor Long:
Suggested that the Fire Department apply for the Safer Grant. Mr.
Moore acknowledged that there would be a presentation on the grant at
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City Commission Minutes - Final June 3, 2025
the June 17th Commission Meeting. Commissioner Casale asked Mr.
Moore to provide a staffing update during that meeting
Acknowledged the 20th Police Department Gala event and
congratulated the entire Police Department for their dedication.
Recognized Captain Gary Ferreri for winning the Supervisor of the Year
Award.
Read a letter expressing his concern about the staffing shortage of
police officers.
Mentioned that moving forward, the Officer of the Year Award has been
renamed to the Perry Don Francisco Award.
Commissioner Markert:
Discussed the importance of having a strong police department and
expressed hope for a compromise in the negotiations for the officers’
new contract.
Commissioner Casale:
Expressed her gratitude to the City Attorney for her prompt email
response to Mr. Cannon’s public comment earlier regarding the Police
Department.
Requested an update from Mr. Moore on time and attendance
implementation in light of the ACFR.
Asked Mr. Moore about the actions being taken regarding the ongoing
events at Subculture that were not permitted by the City. She inquired if
violations could be issued to Subculture, despite the City Attorney’s
statement, they could not.
Recommended investigating the idea of a hybrid restaurant situation
because of the complaints that have been received.
Inquired about the noise from Grooves Kitchen and Daiquiris
Restaurant located at 404 West Atlantic Avenue, which was mentioned
in public comments.
Deputy Vice Mayor Burns:
Expressed her desire for the City and Police Union to reach a fair and
sustainable solution for everyone.
Requested clarification on the proclamation policy. Ms. Gelin stated that
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City Commission Minutes - Final June 3, 2025
she would email the Commission the formal policy.
Mayor Carney:
Mentioned the recent passing of Mark Sauer and the Bound for College
Foundation that he created.
Stated that employees who drive City vehicles must register their
driver’s licenses to keep track of whether they are active.
Discussed the violations issued to Subculture and stated that he
witnessed an event this the past Friday night. He also mentioned that
they were in default in paying their in-lieu parking fees.
Mentioned the issues with the police salaries and the drop program.
Stated it wasn’t acceptable that the car accident investigation on West
Atlantic Avenue wasn’t completed. Mr. Moore commented that he
hoped to have a complete report from Internal Affairs within the next
couple of weeks.
11. ADJOURNMENT
There being no further business to discuss, Mayor Carney adjourned the
meeting at 8:48 p.m.
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 27 Printed on 7/11/2025
Agenda
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, June 3, 2025
Commission Chambers
Delray Beach City Hall or Watch on YouTube:
https://www.youtube.com/channel/UCc2j0JhnR8Hx0Hj13RhCJag/
City Commission
Mayor Thomas F. Carney, Jr.
Vice Mayor Rob Long
Deputy Vice Mayor Angela Burns
Commissioner Tom Markert
Commissioner Juli Casale
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 June 3, 2025
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. AGENDA APPROVAL
3.A. Additions, Deletions, Substitutions
4. PRESENTATIONS:
4.A. PROCLAMATION IN MEMORY OF KERRY B. KOEN, RETIRED FIRE CHIEF
Sponsors: Fire Rescue Department
Attachments: Proclamation - Honoring Kerry B. Koen
4.B. UPDATE FROM MARK DEARMAN REGARDING THE PFAS LITIGATION
SETTLEMENT
Sponsors: City Attorney Department
4.C. LEGISLATIVE UPDATE BY SENATOR LORI BERMAN AND REPRESENTATIVE
CASELLO
Sponsors: City Clerk Department
4.D. PRESENTATION OF THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT
(ACFR)
Recommendation: No action required. This is just a presentation/informational update on our
FY2024 ACFR by our auditors CBIZ CPAs
Sponsors: Finance Department
Attachments: Agenda Cover Report
City of Delray Beach Annual Comprehensive Financial Report FY24 ACFR 2024 - Issued
5. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PRESENTATIONS:
5.A. City Manager's response to inquiries and highlights
5.B. From the Public
6. CONSENT AGENDA: City Manager Recommends Approval
City of Delray Beach Page 3 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.A. CITY COMMISSION MEETING MINUTES
Recommendation: Motion to approve meeting minutes as listed below:
May 20, 2025 Budget Workshop Meeting Minutes - DRAFT
Sponsors: City Clerk Department
Attachments: Agenda Cover Report
May 20, 2025 Budget Workshop Meeting Minutes - DRAFT
6.B. RESOLUTION 100-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING AN ANNUAL SPECIAL EVENT PERMIT
FOR A SERIES OF IMPACT EVENTS KNOWN AS “ART & JAZZ ON THE AVENUE
2025” TO BE HELD ON JULY 23, 2025, SEPTEMBER 10, 2025 AND OCTOBER 22,
2025; AUTHORIZING THE CLOSURE OF CERTAIN CITY RIGHT OF WAYS 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.
Recommendation: Consider Resolution 100-25 approving an Annual Special Event Permit for
a series of impact events known as Art & Jazz on the Avenue 2025 to be
held on July 23, 2025, September 10, 2025, and October 22, 2025 and
authorizing the closure of certain rights-of-way for the events; and
authorizing the City Manager to take all actions necessary to effectuate the
intent of the resolution.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
REVISED ART AND JAZZ ON THE AVE - 2025 App, Maps
Resolution 100-25
Resolution 100-25 Legal Review
City of Delray Beach Page 4 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.C. RESOLUTION NO. 101-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING AN IMPACT EVENT KNOWN AS THE
37th ANNUAL DOWNTOWN DELRAY BEACH FESTIVAL OF THE ARTS TO BE HELD
JANUARY 10-11, 2026; AUTHORIZING THE CLOSURE OF WEST ATLANTIC AVENUE
FROM NW 5TH AVENUE TO 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.
Recommendation: Review and consider Resolution No 101-25, approving an impact event
known as the 37th Annual Downtown Delray Beach Festival of The Arts
which would include the closure of West Atlantic Avenue from NW 5th
Avenue to Swinton Avenue.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
dray126permitsigned
dray126map copy
Resolution 101-25 37th Annual festival of the Arts Impact Event
Resolution 101-25 Legal Review
6.D. RESOLUTION NO. 119-25 AMENDING THE FISCAL YEAR 2024-25 BUDGET
ADOPTED BY RESOLUTION NO.175-24 ON SEPTEMBER 16, 2024.
Recommendation: Motion to Approve Resolution No.119-25 amending the Fiscal Year
2024-25 budget adopted on September 16, 2024.
Sponsors: Finance Department
Attachments: Agenda Cover Report
Resolution 119-25 Budget Amendment FY 2025 (003)
Exhibit A - Resolution 119-25 Budget Amendment 06.03.25
Budget Transfer Railroad Ins - signed
Memo from Human Resources
Simple Legal Review Approval Budget Amendment 119-25
City of Delray Beach Page 5 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.E. REQUEST TO APPROVE HOST FACILITY AGREEMENT BETWEEN THE UNITED
STATES TENNIS ASSOCIATION INC. AND THE CITY OF DELRAY BEACH TO HOST
AND SPONSOR THE DAVIS CUP TIE EVENT SEPTEMBER 12-13, 2025 IN A NOT TO
EXCEED AMOUNT OF $490,000 (includes in-kind services and waived fees) AT THE
DELRAY BEACH TENNIS CENTER.
Recommendation: Motion to approve the Host Facility Agreement with the United States
Tennis Association, Inc. (USTA) to host and sponsor the Davis Cup Tie
Event September 12-13, 2025.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Report
Davis Cup Agreement w USTA
Davis Cup Agreement with USTA - Legal Review
6.F. APPROVAL TO APPLY FOR THE HEALTHY KIDS INITIATIVE PLAYGROUND GRANT
Recommendation: Motion to approve applying for the Healthy Kids Initiative Playground Grant.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Report
Healthy Kids Grant application 2025
6.G. INTERLOCAL AGREEMENT (ILA) BETWEEN THE CITY OF DELRAY BEACH AND
PALM BEACH COUNTY (PBC) FOR THE UPCOMING SHORELINE PROTECTION
PROJECT, SUPPORTING THE WINTER 2025 / 2026 US ARMY CORPS OF
ENGINEERS (USACE) FLOOD CONTROL AND COASTAL EMERGENCY (FCCE)
AND BEACH RENOURISHMENT PROJECT (PROJECT NO. 17-081)
Recommendation: Approval of an Interlocal Agreement (ILA) between the City of Delray
Beach and Palm Beach County (PBC) for the upcoming Shoreline
Protection project (Project No. 17-081), supporting the Winter 2025 / 2026
US Army Corps of Engineers (USACE) Flood Control and Coastal
Emergency (FCCE) and Beach Renourishment project. This ILA provides
a mechanism for funding the project, and the terms, conditions and
obligations of the City and PBC.
Sponsors: Public Works Department
Attachments: Agenda Cover Report
ILA 5-20-25 Final
Simple Legal Review Approval ILA with PBC for Beach Shoreline Protection
City of Delray Beach Page 6 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.H. APPROVAL FOR ADDITIONAL SPENDING ON SOLE SOURCE NO. SS2024-006
WITH KELLY TRACTOR COMPANY FOR ORIGINAL EQUIPMENT MANUFACTURER
(OEM) PARTS AND RELATED SERVICE FOR CATERPILLAR EQUIPMENT IN THE
AMOUNT OF $10,000 FOR A REVISED TOTAL VALUE OF $30,000.00
Recommendation: Motion to approve additional spending on Sole Source No. SS2024-006
with Kelly Tractor Company for OEM Parts and Related Service for
Caterpillar Construction Equipment in the amount of $10,000 for revised
total value of $30,000.00.
Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Fully Executed SS2024-006 Kelly Tractor
City of Delray Beach Page 7 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.I. ITEM(S) A1 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 15 NE 16th CT.
ITEM(S) A2 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 202 NE 5TH TER.
ITEM(S) A3 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 222 SE 5TH ST.
ITEM(S) A4 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 238 SW 2ND
AVE.
ITEM(S) A5 - ACCEPTANCE OF A RIGHT-OF-WAY DEDICATION BY 327 SE 3RD
AVE.
Recommendation:
Consideration of the following items:
Item A1 - Motion to approve and accept a Right-of-Way Dedication by the
owners of 15 NE 16th CT.
Item A2 - Motion to approve and accept a Right-of-Way Dedication by the
owners of 202 NE 5TH TER.
Item A3 - Motion to approve and accept a Right-of-Way Dedication by the
owners of 222 SE 5TH ST.
Item A4 - Motion to approve and accept a Right-of-Way Dedication by the
owners of 238 SW 2ND AVE.
Item A5 - Motion to approve and accept a Right-of-Way Dedication by the
owners of 327 SE 3RD AVE.
Sponsors: Public Works Department
Attachments: Agenda Cover Report
A1a - Right of Way - 15 NE 16th Ct - Ellen Sova Trust
A1b - Legal Review Right of Way - 15 NE 16th Ct - Ellen Sova Trust
A2a - Right of Way - 202 NE 5th Ter - Marc Schliesman and Amy Davidson
A2b - Legal Review Right of Way - 202 NE 5th Terr - Marc Schliesman and Amy Davidson
A3a - Right of Way - 222 SE 5th St - KM ONE LLC
A3b - Legal Review Right of Way - 222 SE 5th St - KM ONE LLC
A4a - Right of Way - 238 SW 2nd Ave - Ian Higgins
A4b - Legal Review Right of Way - 238 SW 2nd Ave - Ian and Dana Higgins
A5a - Right of Way - 327 SE 3rd Ave - David and Mihaela Plaza
A5b - Legal Review Right of Way - 327 SE 3rd Ave - David and Mihaela Plaza
City of Delray Beach Page 8 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.J. ITEM A1 - ACCEPTANCE OF A WATER AND SEWER UTILITY EASEMENT FOR 410
ENFIELD TERRACE.
Recommendation: Consideration of the following item:
Item A1 - Motion to approve and accept a Water and Sewer Utility
Easement Agreement for sanitary sewer piping dedication by the owner
(s) of 410 Enfield Terrace, to the City of Delray Beach.
Sponsors: Utilities Department
Attachments: Agenda Cover Report
Water Sewer Utility Easement Agreement_410 Enfield Terrace_PCN 12-43-46-08-13-000-020 (002)
410 Enfield Terrace Water and Sewer Utility Easement Agreement LR
6.K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION OF APRIL 28, 2025, AND APPROVAL OF THE
FY2025/2026 PROPOSED BUDGET.
Recommendation: Motion to ratify actions approved by South Central Regional Wastewater
Treatment and Disposal Board (SCRWTDB) at its quarterly meeting held
on Monday, April 28, 2025.
Sponsors: Utilities Department
Attachments: Agenda Cover Report
FY2026 Delray Beach Ratification rev. kwb
Simple Legal Review Approval Ratification of South Central Regional 2025
6.L. MOTION TO CORRECT THE SCRIVENER'S ERROR ON RESOLUTION 60-25
ADOPTED AT THE MAY 20,2025 CITY COMMISSION MEETING.
Recommendation: Amend Resolution No. 60-25, adopted on May 20, 2025, to reflect the
correct Resolution No. 64-25
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Res. No. 60-25 (Approved).pdf
Res. No. 64-25 (Corrected).docx
6.M. PROCLAMATIONS:
6.M.1. GUN VIOLENCE AWARENESS DAY PROCLAMATION
Recommendation: Motion to declare the first Friday in June to be National Gun Violence
Awareness Day in the City of Delray Beach.
Sponsors: City Clerk Department
Attachments: Agenda Cover Report
GUN VIOLENCE AWARENESS DAY PROCLAMATION 2025
City of Delray Beach Page 9 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.M.2. PROCLAMATION LGBTQ PRIDE MONTH
Recommendation: Motion to declare the month of June as LGBTQ Pride Month.
Sponsors: Parks & Recreation Department
Attachments: Agenda Cover Report
Pride_proclamation_2025
6.M.3. PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 2-6, 2025 AS CODE
ENFORCEMENT OFFICERS' APPRECIATION WEEK
Recommendation: Motion to approve June 2-6, 2025 as Code Enforcement Officers'
Appreciation Week
Sponsors: Neighborhood & Community Services
Attachments: Agenda Cover Report
Code Enforcement Officers' Appreciation Week 2025
6.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
6.N.1. None
6.O. AWARD OF BIDS AND CONTRACTS:
6.O.1. APPROVAL OF RESOLUTION NO. 48-25 TO AUTHORIZE A NEW FIVE-YEAR
AGREEMENT WITH EMS TECHNOLOGY SOLUTIONS, LLC FOR THE OPERATIVE IQ
PROGRAM, DESIGNATED AS A CITY STANDARD FOR THE DELRAY BEACH FIRE
RESCUE DEPARTMENT
Recommendation: Motion to approve Resolution No. 48-25, establishing a new five-year
agreement with EMS Technology Solutions, LLC (Operative IQ),
designated as a City Standard, to support the Delray Beach Fire Rescue
Department’s (DBFR) inventory, asset, and facilities management needs.
This action is consistent with Chapter 36 of the City’s Code of Ordinances
and the City’s Purchasing Policies.
Sponsors: Fire Rescue Department
Attachments: Agenda Cover Report
CS2025-006 City of Delray Beach_EMS Tech_Main_Services_Agreement__final
Res 48-25 Opertative IQ software - City Standard_lw rev
Legal Review Checklist_Operative IQ
City Standard Memo
City of Delray Beach Page 10 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.O.2. APPROVAL OF RESOLUTION NO. 63-25 TO AUTHORIZE AN AGREEMENT WITH
CINTAS CORPORATION NO. 2 FOR PURCHASE FIRE RESCUE RELATED FACILITY
SERVICES AND SUPPLIES.
Recommendation: Motion to approve Resolution No. 63-25, authorizing the City Manager to
execute an agreement with Cintas Corporation No. 2 for the provision of
first aid, eye wash, hygiene, and other fire rescue-related products and
services. These services will be procured utilizing competitively bid pricing
available through the University of Nebraska's OMNIA Partners
Cooperative (RFP No. 370222-4618). This procurement is consistent with
Chapter 36 of the City’s Code of Ordinances and the City’s Purchasing
Policies.
Sponsors: Fire Rescue Department
Attachments: Agenda Cover Report
Legal Review Checklist_MSA Cintas Corp No 2.pdf
P2025-016 MSA Piggyback (2)
Res 63-25_P2025-009- Cintas_lw rev
Cintas_Nebraska Contract
OMNIA FAS Acceptance Agreement (Nebraska) 2023 (Rev 8.1.23)
RFP_Nebraska original
6.O.3. APPROVAL OF RESOLUTION NO. 91-25 TO AWARD AN AGREEMENT WITH
GENUINE PARTS COMPANY DBA NAPA AUTO PARTS FOR THE PURCHASE OF
AFTERMARKET VEHICLE PARTS AND SUPPLIES UTILIZING SOURCEWELL RFP
NO. 100124 IN THE AMOUNT OF $140,000.00
Recommendation: Motion to approve of Resolution No. 91-25 to award an agreement
Genuine Parts Company dba Napa Auto Parts for the purchase of
Aftermarket Vehicle Parts and Supplies utilizing Sourcewell RFP No.
100124 in the amount of $140,000.00.
Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Res 91-25 - Napa Auto Parts - Piggyback Sourcewell RFP #100124
MSA - Aftermarket Vehicular Parts and Services - Sourcewll Piggyback - Genuine Parts Company dba Napa Aut
Ex A MSA - Aftermarket Vehicular Parts and Services - Sourcewll Piggyback - Genuine Parts Company dba Nap
Legal Review MSA - Aftermarket Vehicular Parts and Services - Sourcewll Piggyback - Genuine Parts Company
Sourcewell Agreement RFP No. 100124-GPC
Proposal Evaluation RFP No. 100124
Sourcewell RFP and Addendums 100124
City of Delray Beach Page 11 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.O.4. APPROVAL OF RESOLUTIONS NO. 97-25, 98-25, AND 99-25 TO AWARD
AGREEMENTS TO CJ CONTRACTING, LLC, I.Q. CONSTRUCTION, INC., AND
WAYPOINT CONTRACTING, INC. FOR GENERAL CONTRACTOR SERVICES FOR
MINOR CONSTRUCTION PROJECTS PURSUANT TO INVITATION TO BID (ITB)
2025-028 IN THE AMOUNT OF $1,000,000.00
Recommendation: Motion to Approve Resolution No. 97-25, 98-25, and 99-25 to award
Agreements to CJ Contracting, LLC, I.Q. Construction, Inc., and Waypoint
Contracting, Inc. for General Contractor Services for Minor Construction
Projects pursuant to ITB 2025-028 in the amount of $1,000,000.00.
Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Resolution No. 97-25_CJ Contracting rev. kwb 5.7.25
Resolution No. 98-25_I. Q. Contructions, Inc.
Resolution No. 99-25_Waypoint Contracting, Inc.
ITB 2025-028_Agreement_CJ Contracting, LLC_General Contractor Services for Minor Constructions
ITB 2025-028_Agreement_I.Q. Construction, Inc. General Contractor Services for Minor Constructions
ITB 2025-028_Agreement_Waypoint Contracting, Inc. General Contractor Services for Minor Constructions
Legal Review - CJ Contracting
Legal Review - IQ Constructions Inc.
Legal Review - Waypoint Inc
Bid Submittal - CJ Contracting, LLC
Bid Submittal - I.Q. Constructions, Inc.
Bid Submittal - Waypoint Contracting, Inc.
Final Solicitation ITB 2025-028_ General Contractor Services
ITB2025-028 Price Analysis
City of Delray Beach Page 12 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
6.O.5. APPROVAL OF RESOLUTION NO. 104-25 TO AWARD AN AGREEMENT WITH
MIDWEST MOTOR SUPPLY CO., DBA KIMBALL MIDWEST FOR THE PURCHASE OF
MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, EQUIPMENT, AND
RELATED PRODUCTS AND SERVICES UTILIZING REGION 4 ESC/OMNIA
PARTNERS REQUEST FOR PROPOSAL (RFP) NO. 24-08 IN THE AMOUNT OF
$86,000.00
Recommendation: Motion to approve of Resolution No. 104-25 to award an agreement with
Midwest Motor Supply Co., dba Kimball Midwest for the purchase of MRO
Supplies, Equipment, and Related Products and Services utilizing Region
4 ESC/OMNIA Partners RFP No. 24-08 in the amount of $86,000.00.
Sponsors: Public Works Department and Purchasing Department
Attachments: Agenda Cover Report
Resolution No 104-25
P2025-017 - Maintenance, Repair and Operations (MRO) Supplies and Equipment
Exhibit A to Agreement
Legal Review - MRO_Kimball Midwest
Contract #R240805_Kimball Midwest
Solicitation 24-08
7. REGULAR AGENDA:
City of Delray Beach Page 13 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
7.A. RESOLUTION NO. 94-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(D)(1)
(b)1. b. OF THE LAND DEVELOPMENT REGULATIONS TO ALLOW AN AWNING TO
ENCROACH INTO THE FRONT SETBACK 9 FEET 7 INCHES, WHEREAS THE
MAXIMUM ALLOWABLE ENCROACHMENT IS 4 FEET, FOR THE PROJECT
LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(QUASI-JUDICIAL HEARING)
RESOLUTION NO. 95-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING A WAIVER TO SECTION 4.4.13(E)(2)
(a)1. OF THE LAND DEVELOPMENT REGULATIONS TO REDUCE THE WIDTH OF
THE CURB ZONE TO 0 FEET FOR A PORTION OF THE STREETSCAPE, FOR THE
PROJECT LOCATED AT 220 NE 1ST STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES. (QUASI-JUDICIAL HEARING)
Recommendation: Review and consider two separate requests for project located at 220 NE
1st Street, known as American Social: Resolution No. 94-25, a request to
allow an awning to encroach into the front setback 9 feet 7 inches whereas
the allowed maximum encroachment is 4 feet; and Resolution No. 95-24, a
request to reduce the curb zone width from the required minimum of 4 feet
to 0 feet for a portion of the streetscape.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Resolution No. 94-25 Waiver 1 (Awning Encroachment), American Social - 5.13.25
Resolution No. 95-25 Waiver 2 (Curb Zone), American Social
Waiver Justification (Canopy Design), American Social
Waiver Justification (Streetscape Design), American Social
PZB Staff Report, American Social CBD Waivers
Site Plan and Elevation Set (For Reference Only), American Social
Civil Plan Set (For Reference Only), American Social
Landscape Plan Set (For Reference Only), American Social
PBC TPS Approval Letter, American Social
DDA Recommendation, American Social
Simple Legal Review Approval American Social 94-25
Simple Legal Review Approval American Social 95-25
City of Delray Beach Page 14 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
7.B. RESOLUTION NO. 93-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING A REQUEST TO UTILIZE THE
CONTEMPORARY FUNCTIONALISM ARCHITECTURAL STYLE FOR THE PROJECT
LOCATED AT 109 SE 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(QUASI-JUDICIAL HEARING)
Recommendation: Review and consider Resolution No. 93-25, approval of the use of the
Contemporary Functionalism Architectural Style in the Central Business
District for the property located at 109 SE 5th Avenue.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Staff Report
Applicant Style Justification
Proposed Design (for reference)
Resolution 93-25
Legal Review Res 93-25
7.C. RESOLUTION NO. 110-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, GRANTING AN IN-LIEU OF PARKING FEE REQUEST
FOR THE PROJECT LOCATED AT 270 EAST ATLANTIC AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT CONSISTENT WITH THE APPROVAL HEREIN;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (QUASI-JUDICIAL
HEARING)
Recommendation: Review and consider Resolution No. 110-25, an in-lieu of parking fee
request in the amount of $120,000 for 4 of the 46 required parking spaces
associated with the development located at 270 East Atlantic Avenue,
known as Roka Hula.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Resolution No. 110-25 In-Lieu of Parking Request- Roka Hula
In-Lieu Parking Agreement - 290 East Atlantic LLC (Signed)
Roka Hula - Justification Statement
Roka Hula - Site Plan
Legal Review Res 110-25 In-Lieu of Parking Request- Roka Hula
Legal Review In Lieu Parking Agreement - 290 East Atlantic LLC - 270 E Atlantic Ave
City of Delray Beach Page 15 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
7.D. RESOLUTION 103-25: 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 7, 2026 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.
Recommendation: Review and consider Resolution No 103-25. Approving an impact event
known as Muscle on theBeach in and around the Old School Square
campus.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
Muscle on the Beach 2026 App and Map
Impact Event Resolution for Muscle on the Beach 103-25
Resolution 103-25 Legal Review
7.E. RESOLUTION 102-25: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING A SPECIAL EVENT SPONSORSHIP IN AN
AMOUNT NOT TO EXCEED $8,000.00 FOR THE SPECIAL EVENT KNOWN AS
MUSCLE ON THE BEACH TO BE HELD ON MARCH 7, 2026; AUTHORIZING THE CITY
MANAGER TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
Recommendation: Review and consider Resolution 102-25,authorizing a Special Event
Sponsorship in an amount not to exceed $8,000 for the special event
known as Muscle on the Beach to be set up and held on March 7, 2026;
authorizing the City Manager to take all actions necessary to effectuate the
intent and for other purposes.
Sponsors: City Manager Department
Attachments: Agenda Cover Report
Muscle on the Beach 2026 App and Map
Muscle Sponsorship Packet
Sponsorship Resolution 102-25
Resolution 102-25 Legal Review
City of Delray Beach Page 16 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
7.F. NOMINATION FOR AN APPOINTMENT TO THE PLANNING AND ZONING BOARD.
BASED ON THE ROTATION SYSTEM, THE NOMINATION FOR AN APPOINTMENT
FOR ONE (1) QUALIFIED MEMBER TO SERVE A TERM ENDING AUGUST 31, 2027,
WILL BE MADE BY VICE-MAYOR LONG (SEAT #2).
Recommendation: Motion to approve the nomination for an appointment for one (1) qualified
member to serve a term ending August 31, 2027.
Sponsors: City Clerk Department
Attachments: Agenda Cover Report
Exhibit A
P&Z Board Members List
2025 PZB Attendance
Amani, Sandra
Baffer, Benjamin
Calderbank, Chris
Cohen, Steven
Delehanty, Terrence
Fredericks, Carol
Godbout, Christina
Keane, Kevin
King, Cara
Kiselewski, Karen
Kiser, Mereida
Ramirez, Aura
Sauarez, Lucika
8. PUBLIC HEARINGS/SECOND READINGS:
City of Delray Beach Page 17 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
8.A. ORDINANCE NO. 05-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN
AMENDMENT BY AMENDING POLICY NDC 1.4.7 OF THE NEIGHBORHOODS,
DISTRICTS, AND CORRIDORS ELEMENT OF THE ALWAYS DELRAY
COMPREHENSIVE PLAN TO ALLOW FOR THE COMMERCE LAND USE
DESIGNATION ALONG CONGRESS AVENUE SOUTH OF WEST ATLANTIC AVENUE;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES. (SECOND
READING/QUASI-JUDICIAL)
Recommendation: Consider Ordinance No. 05-25, a City initiated amendment to the Always
Delray Comprehensive Plan, by adopting a text amendment to Policy NDC
1.4.7 of the Neighborhoods, Districts, and Corridors Element.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
PZB Staff Report, Comprehensive Plan Text Amendment (Commerce Land Use)
CBRE Congress Avenue Strategies Report
Ordinance No. 05-25, Comprehensive Plan Text Amendment
Exhibit A, Ordinance No. 05-25
Letter of No Objection, FloridaCommerce
Legal Review, Ordinance No. 05-25
Business Impact Estimate, Ordinance No. 05-25
Proof of Legal Advertisement, Ordinance No. 05-25
City of Delray Beach Page 18 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
8.B. ORDINANCE NO. 06-25: 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 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS,
GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR
SPECIFIC USES,” SUBSECTION (AA), “ADULT ENTERTAINMENT
ESTABLISHMENTS,” TO PROHIBIT ADULT ENTERTAINMENT ESTABLISHMENTS
SOUTH OF ATLANTIC AVENUE; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE
DATE. (SECOND READING/PUBLIC HEARING)
Recommendation: Consider Ordinance No. 06-25, a City-initiated amendment to Section
4.3.3, “Special Requirements for Specific Uses,” Subsection (AA), “Adult
Entertainment Establishments” to adopt regulations prohibiting the location
of Adult Entertainment Establishments south of Atlantic Avenue.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
PZB Staff Report, Adult Entertainment LDR Amendment
Ordinance No. 06-25, Amending LDR Section 4.3.3(AA)
Legal Review, Ordinance No. 06-25
Business Impact Estimate, Ordinance No. 06-25
Proof of Legal Advertisement, Ord. No. 06-25
City of Delray Beach Page 19 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
8.C. ORDINANCE NO. 02-25: 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 4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM CONGRESS AVENUE MIXED
USE TO COMMERCE 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. 02-25, a privately initiated request for a
small-scale Land Use Map Amendment from Congress Avenue Mixed Use
(CMU) to Commerce (CMR) for the 4.27 acre property located at 955-975
South Congress Avenue.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Ord 02-25 - 955-975 S Congress Ave - LUM
PZB Staff Report
Existing and Proposed Land Use and Zoning
Justification Statement
Traffic Impact Statement
CBRE Congress Avenue Strategies Plan
Legal Review - Ord. No. 02-25 - LUM Amd 955-975 S Congress Ave
BIE Ord. No. 02-25 - LUMA 955-975 S Congress Ave
Proof of Legal Advertisement, Ordinance No. 02-25
City of Delray Beach Page 20 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
8.D. ORDINANCE NO. 01-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING LAND MEASURING APPROXIMATELY
4.27 ACRES LOCATED AT 975 SOUTH CONGRESS AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM MIXED RESIDENTIAL, OFFICE, AND
COMMERCIAL TO MIXED INDUSTRIAL AND COMMERCIAL; 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. (SECOND READING/ PUBLIC HEARING)
Recommendation: Consider Ordinance No. 01-25, a privately initiated rezoning from Mixed
Industrial and Commercial (MROC) to Mixed Industrial and Commercial
(MIC) for the 4.27 acre property located at 955-975 South Congress
Avenue.
Sponsors: Development Services Department
Attachments: Agenda Cover Report
Ord 01-25 - 955-975 S Congress Ave - Rezoning
PZB Staff Report
Existing and Proposed Land Use and Zoning
Justification Statement
Traffic Impact Statement
CBRE Congress Avenue Strategies Plan
Legal Review - Ord. No. 01-25 - Rezoning 955-975 S Congress Ave
BIE Ord. No. 01-25 - Rezoning 955-975 S Congress Ave
Proof of Legal Advertisement, Ordinance No. 01-25
9. FIRST READINGS:
9.A. None
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 21 Printed on 6/2/2025
City Commission Regular Commission Meeting June 3, 2025
City of Delray Beach Page 22 Printed on 6/2/2025
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