Good afternoon. We are going to call the meeting to order. This is the meeting of the regular commission meeting for Tuesday, October 13th. Can we stand for the pledge? Roll call. Stay standing. You got me all excited. Roll call, please. Hold on. Roll call. Deputy Vice Mayor Marker. Here. Commissioner Mollico. Here. Commissioner Casale. Here. Vice Mayor Burns. Here. Can we get a motion to allow the mayor to participate virtually? Motion. So moved. Second. All in favor? Aye. Aye. Thank you. Now. Thank you all, Kelly. Now. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Thank you. I'm sorry, Vice Mayor? Yes. Before we approve the agenda, I think the mayor wanted to just make a very, very short statement. Mayor, can you hear us? Mayor. Can you hear me all right? Yes. Can you hear me? Yes. Okay. Good evening, everyone. Before we begin tonight's meeting and get into the business of the city, I'd like to take a moment to recognize something very important. Now, Vice Mayor Burns, I know you came here tonight expecting a typical commission meeting with our usual agenda discussions and perhaps even a little debate. But tonight, we have a slight change of plans. You see, it's not every day that someone turns 70 years young. Yay! And you're working on a little recognition. So I see you all applauding. Vice Mayor Burns, you've spent a lifetime giving back to this community. From your more than three decades as an educator, to your many years of civic involvement, to your service on this dais, and your commitment to the city and its residents has been extraordinary. You've dedicated so much of your life to celebrating, supporting, and uplifting others. Well, tonight, it's our turn to celebrate you. And judging by the number of people in this room, I think it's safe to say that you've made quite an impression over the years. Now, I have a confession to make. We've been keeping a little secret from you. Many of the people here tonight aren't here because of anything on the agenda. They're here because of you. And they hope to talk to you, to thank you for everything you've done, and to remind you just how much you mean to this community. And because we couldn't possibly let this occasion go without making it official, we have a special proclamation to present to you. So Vice Mayor Burns, on behalf of the City Commission and our city staff, your family, your friends, and this entire community, happy 70th birthday. And tonight, this agenda can wait a few minutes because we're going to celebrate you. First, let's give Vice Mayor Burns a big, well-served round of applause. I think the clerk's got it, but let me read it anyway. Whereas, I love my whereases. Whereas the City of Delray Beach proudly celebrates the 70th birthday of Vice Mayor Angela Burns, a lifelong residence whose deep roots in the community have shaped a lifetime of dedication to education, civic engagement, and public service. And whereas Vice Mayor Burns pursued her passion for education by earning a bachelor's degree from Bethune-Cookman University and a master's degree from Nova Southeastern University, establishing a foundation for a distinguished career devoted to teaching and inspiring others. Let me get through this. Whereas, for more than 34 years, Vice Mayor Burns dedicated herself to the noble profession of education, including 24 years teaching in a very community where she grew up, helping to shape generations of young minds, and leaving a lasting impression on countless students and families. And whereas, beginning in 1978, Vice Mayor Burns became actively involved in civic affairs, serving on numerous city boards, and demonstrating a long-standing commitment to the growth, progress, and the well-being of her hometown. And whereas, continuing her legacy of community involvement, in 2023, Vice Mayor Burns was elected to the Delray Beach City Commission, where she has served for the last three and a half years, bringing decades of experience, institutional knowledge, and a thoughtful perspective of her role in municipal government. And whereas, beyond her professional and civic accomplishments, Vice Mayor Burns is a devoted mother of three, a grandmother of three, who enjoys reading, traveling, and exploring her family's history. And whereas, the guidance around her life by the golden rule, Vice Mayor Burns embraces the belief that others should be treated with kindness, dignity, respect, a philosophy that continues to influence her approach to life and public service. And whereas, Vice Mayor Burns celebrates seven remarkable decades, we recognize not only the milestones she has achieved, but also the countless lives she has touched as an educator, mother, grandmother, neighbor, public service. And whereas, on this joyous occasion, the City of Delray Beach joins her family, friends, colleagues, and community in celebrating her 70th birthday and wishing her continued happiness, good health, laughter, and many, many years of cherished memories and new adventures. Now, therefore, I, Thomas F. Carney, Jr., Mayor of the City of Delray Beach, on behalf of the entire City Commission and the residents of Delray Beach, you recognize and celebrated the 70th birthday of Vice Mayor Angela Burns, honoring seven decades of life, a distinguished legacy of education and public service, and an unwavering commitment to the community she has always called home. We extend our heartfelt congratulations and best wishes for her wonderful birthday and many more years filled with happiness, good health, love, and cherished memories. Happy birthday, Angela Burns. I am truly touched. Tears, you're not getting any tears. But I am truly touched. This is amazing. I'll never forget my 70th birthday. That's true. I'll hold this up for you. Let's go with another bottle. Get him. Is this better now? It's not the woman you're trying. Happy birthday. Let's not pump it up. Let's bring this meeting to order. Wait, wait, listen, look. Look. But no, really. I am truly touched. Thank you so much. This is amazing. Amazing. Thank you. Did not expect this. What did we get? Oh, everybody's in on it. Pastor H.B., the pastor of the historical St. Paul Missionary Baptist Church here in the beautiful city of Derry Beach, Florida. It is with great joy and excitement for my family and the entire St. Paul family to wish our commissioner, Angela Burns, a happy birthday. God bless you. Enjoy your day. Bishop Michael Brennan. I serve as senior pastor at Ebenezer West St. Methodist Church. Today, along with this community, we celebrate your birthday, Vice Mayor Burns. You are no stranger to us at Ebenezer, and we see what you do in this community. And we appreciate what you do in this community. And on this special day, we want to celebrate with you your birthday. Happy birthday. Angela Burns, happy 70th birthday to our wonderful classmate and Vice Mayor. On behalf of the entire class, we want to wish you the happiest of birthdays as you celebrate this incredible 70-year milestone. We could not be prouder to see our classmates serving our city with such dedication, grace, and leadership. To us, you will always be the same bright, inspiring friend we grew up with, and seeing you achieve so much while guiding our community is an absolute honor. Thank you for your tireless service to our city, and for always keeping the spirit of our class alive. May this milestone year bring you abundant joy, good health, and continued success in all that you do. With warmest wishes and deepest admiration, your class president, Deborah Cartwright-Clubb, and the select class of 1974 classmates, happy 70th birthday. Happy birthday! Thank you for recognizing me so that we could recognize you. And thank you, Mayor, for taking the time to do it, even on your trip. Thank you. Okay. Gender approval. I'm going to take a picture of the audience and then a little bit. Are we ready now? Yeah. Thanks again, everybody. This is really, really amazing. Thank you so much. All right. Okay. Let's look at the agenda. I need agenda approval. Are there any changes? One moment, if you don't mind. Yes. Could I make a request? Because there are a lot of people here for the tennis. I think a large majority are here for your birthday, and then there's a group here for the tennis. Can we take? Yeah. 7-F and make it 7-AA, please. 7-F? Correct. 7-F is the resolution 107-26. I'd like to move it up to 7-AA. Okay. Thank you. Any other changes? No. Okay. Can I have a motion? So moved. Second. Excuse me, Vice Mayor. Yes. I believe, Madam City Clerk, you and I discussed earlier the additional proclamation. They expressed an interest in having that. If you can discuss that, please, and maybe consider that opportunity. Please. I'm sorry? No presentation required at this point. Yes? No. Someone is here for the proclamation. Very well. Thank you. E-waste date? E-waste? Mm-hmm. Yeah. There's a young lady here to do. Okay. So those are all the changes? So if it's e-waste, then we have to make 6-H1, 4-D. Got it. 6-H1. It's 4-D. That's the proclamation against state. Wait. What's 4-C? 4-C is the 12-month review of changes. Or you can do 4-BB if you want. What are we doing? Why don't we make it 4-BB? 4-BB? And then it'll be before. Yes. Okay. Thank you. Any other changes? Okay. So I had a first and a second. Are we all in favor? Yes. All in favor? Aye. Any opposed? Mayor, can you hear me? Aye. Aye. No, no. Yes, aye. Aye. Thank you. Okay. Let's see. We are at the presentations. We have a presentation for Ms. Janai Bowens. He's going to be presenting for us. Yes. Happy birthday, Vice Mayor. Thank you. Good afternoon, everyone. Janai Bowens, Assistant Director of Neighborhood, and Community Services. It is my pleasure to recognize today Tavares Parks, our Neighborhood Services Grants Administrator, as this month. I think this is the first of its kind. So let me not say this month. But as the recipient of the City Manager's Recognition Award. Tavares plays a vital role in overseeing the city's housing rehabilitation and financial assistance programs, helping ensure that residents have access to safe, sustainable, and affordable housing opportunities. Tavares has been with us for a little over a year. But in that past year, under Tavares' leadership, the Neighborhood Services Team has successfully completed 32 housing rehabilitation projects, making a meaningful difference in communities where these investments are needed most. Even more impactful is that 81% of program applicants come from extremely low and very low income households, demonstrating his important work in supporting our most vulnerable residents. But what truly sets Tavares apart is not just what he accomplishes, but that he's a gator. I'm just kidding. Approaches his work. Tavares consistently leads with compassion, professionalism, and a genuine commitment to putting our community first. He understands that behind every application, every rehab project, every dollar invested, is a family whose quality of life can be transformed. Tavares, thank you. Your dedication reminds us that public service is more than administering programs, but it is about restoring dignity, creating opportunities, and strengthening communities one household at a time. So on behalf of the City of Delray Beach and the Neighborhood and Community Services Department, congratulations on this well-deserved recognition. We thank you for your leadership, your compassion, and your unwavering commitment to the residents of Delray Beach, and I am incredibly, incredibly proud of you. Thank you. Hi, Mr. Moore. Come on. We'll let Harry make up. About your family? Yeah. You about your family? Yeah, I would love to have my family. Yeah, yeah. Oh. Yeah, you have to have his family. Okay, moving right along, we have a proclamation, United Against Hate, Commissioner Molliker. Thank you. I will read this proclamation. Whereas in 2026, the campaign United Against Hate focuses on moving beyond the concept of tolerance and actively demonstrating what community and inclusion looks like with the theme Belonging in Action. And whereas the City of Delray Beach is a community that respects diversity and affirms our commitment to safety and belonging for all residents. And whereas we reject hate, discrimination, and violence, and aim for a prejudice-free community where everyone belongs by promoting acceptance, respect, and tolerance so residents can live, work, and thrive without fear. And whereas in Palm Beach County, the United Against Hate movement operates as a deeply collaborative ongoing coalition of law enforcement, local government, and prominent civic groups. A multifaceted approach combining federal outreach with highly targeted local task force to address a rise in anti-Semitism, racial hatred, and attacks against the different communities. And whereas the City of Delray Beach supports the United Against Hate movement through progressive local legislation, active civil rights partnership, school-level education, and immediately community mobilization against intolerance. And whereas we call upon all residents, businesses, schools, and organizations to champion inclusivity and encourage open dialogue and respectful conversations to bridge divides and promote unity. And it is signed, our mayor, Tom Carney Jr., this day of October 18th, I'm sorry, it's the 13th, actually, right? 2026. He's in future. Yes, in future. I read it wrong. So that's it. So I thank you very much. So the person is not here. It is. There's not a person. It's a community. Oh, okay. We're all against hate, right? Okay. Thank you. All right. Thank you. So next is item 4C, which is a presentation. I'm sorry, Vice Mayor. I'm sorry? 4BB, the E-waste. 4BB. 4BB. BB. BB. Which is the... Formerly 6, the E-waste one. Okay, so we have Anya. A lovely young lady. Anya is going to come and present that. Hello. I'm going to read this? Okay. Thank you. All right. So this proclamation reads, whereas the City of Delray Beach recognizes the importance of protecting and preserving our natural resources and work to make the world a better place by adopting conscientious living habits that will improve our daily lives and bring about a cleaner, safer, and healthier environment. And whereas the City of Delray Beach has undertaken many positive and successful waste reduction programs that have helped make City of Delray Beach one of Florida's recycling leaders. However, we can further reduce electronic waste, E-waste, and recycle even more electronics. And whereas, although there has been a significant increase in the amount of recycling in the City of Delray Beach today, we must continue to focus on other electronic waste initiatives, such as electronic waste reduction, electronic waste collection events, electronic waste educational materials for our community, the reuse of electronic products and materials, and purchasing recycled or post-consumer electronic products and packaging. And whereas, by encouraging businesses, state agencies, nonprofit organizations, school, and individuals to celebrate City of Delray Beach E-waste Day, we can further promote electronic recycling as an environmentally efficient and economically smart way of life. And whereas, local community leaders can help encourage recycling by informing citizens about the importance of buying recycled electronic products, they can also help foster greater awareness businesses of the need to expand collection programs for recyclable goods and materials by promoting the benefits of recycling investments for businesses. And whereas, it is important that all City of Delray Beach residents become involved in E-waste recycling activities and learn more about the many recycled products and packaging available to them as consumers. It is also fitting for the City of Delray Beach to celebrate National E-waste Day to help ensure a safe and healthy environment and an improved quality of life for present and future generations. Now, therefore, I, Thomas F. Kearney, Jr., Mayor of the City of Delray Beach, Florida, on behalf of the City Commissioners, do hereby recognize October 14th as Delray Beach E-waste Day. In the City of Delray Beach, Florida, do hereby encourage all residents, businesses, and community organizations to support efforts to reduce, reuse, and responsibly recycle electronic waste. By working together to minimize E-waste, we can help protect our natural resources, preserve the beauty of Delray Beach, and foster a cleaner, healthier, and more sustainable community for current and future generations. City of Delray Beach, Florida celebrates National E-waste Day, and witness thereof whereof, I have unto set my hand and and calls the official seal of the City of Delray Beach to be affixed this 14th day of October of 2026, which will be tomorrow. And congratulations. Do we have one second? Do we want to give her a second and have her, does she want to say something? Sign it, Anna. It's signed already. Oh, does she want, do you want to let her speak? Did you want to say something? Sure. Sure. What began as an 11-year-old's mission to start spreading some awareness about such an unknown issue grew into something that I never would have dared to dream could be possible. Hundreds of cities in Florida and counties all over the United States have now proclaimed E-waste day, including the state of Massachusetts, and I would have never dreamed that people would have put the amount of effort that I did into making such an unknown issue into something that we can all be aware of and change our daily habits to accommodate. This began as a Girl Scout Silver Award project where I wanted people to put a bin in their house, kind of how you have like a recycling bin or a trash can, to collect old electronics because not everybody knows what to do with their old iPads and their old phones and their old batteries and it ends up in the landfills and it affects the animals and it affects our communities and now so many more people know about the issue of electronic waste. Through my organization, the E-Waste Revolution, we've been able to keep over 3,000 pounds of electronics out of the landfills and out of the oceans, been able to show people where they can put their batteries instead, where their electronics can go, who to give them to to make sure that they end up in the right place and city council meetings and communities like that of the city of Delray Beach are how we made that happen. So thank you so much. Very exciting. Super exciting. Okay, all righty. Let's see, where are we now? That was... We're on Fort Charlie. Okay, thank you Fort Charlie. Okay, now we're at 4C, which is the presentation for the 12-month review of the Downtown Parking Program. Good evening, Mayor, Vice Mayor, happy birthday to you and commissioners. In honor of your birthday, I'm going to wear vanilla icing for the rest of the evening, so thank you for that. Okay. So this is the long-promised one-year review of changes to the parking program that were initiated last October. Is it doing that? Okay. Here we go. Okay, so for the first year under the new rate structure, parking revenues are up 17% over fiscal year 25 at $9.51 million. We have more than tripled the amount of parking permits that have been sold in the downtown area at $9,377. Our occupancy rate, which is the amount of time that is the percentage of time that a parking area is occupied, right? That differs from the dwell time, which we're going to talk about later in the presentation, which is the amount of time an individual car stays in the downtown area in a parking space. So that is up 0.9% over FY25. So a very slight increase, but more or less held steady. And then the turnover rate, which is the amount of new parkers that you have in a downtown area, which is the goal. The goal is to increase the turnover rate to bring more customers into the downtown area to support our downtown businesses. The actual turnover rate is up 12% over prior year. So the increase, we'll just go over the changes real quick. The downtown side street parking rates increased from $2 an hour to $3 an hour. The downtown garages and parking lots transitioned to hourly pricing. Previously, the surface lots downtown were free with a time limit up to nine hours, and the parking garages were free up until four o'clock in the afternoon. And then we're $5 after that. They're now parking garages are now $1.50 an hour all day and night. And the downtown surface parking lots, instead of having a time limit, are charged a $2 hourly rate. The biggest change in increase in the employee in the parking permit sales was the introduction of an an employee parking permit, which is $10 a month. Anybody who works in the downtown area is eligible to purchase a downtown parking permit. And, and the introduction of that permit prop program increased the, the, the park, the permit sales by nearly 5,200 parking permits. City resident downtown parking permits also went up. That permit is only $12 a year. So if a, if a resident, if a resident is also a downtown employee, it became more advantageous to them to buy the city resident parking permit instead of the downtown employee parking permit because their parking was $12 a year instead of $10 a month. So that increased as well by, um, by right around 500 permits. The, the remainder of our permit, our parking permit programs, we didn't make changes to, and they, they remain pretty steady throughout the year. So the, um, the, um, this shows the increased permit and the increased three times growth in permit sales. That is, as we just discussed, primarily because of the introduction of the downtown employee parking permit and the revenues have increased about $90,000 from permit sales. So the monthly occupancy and turnover by month, the 12 month average of the occupancy is up third, um, is, went from 31.2% in fiscal year 25 to 32.1% in fiscal year, um, 26, which is our current fiscal year that we just ended. And, but the turnover increased by 12% increased by 12%, which is, is, is it went from 5.6 times that someone parked in a parking stall to 6.3 vehicles per, per stall per, per day. So the parking, um, occupancy also increased during the peak season. For the average, the year again was just up just under 1%. For during season from November to April, it rose from 32.6% to 35.4%. And in the off season from May to October, it was slightly down, um, again, just under 1% from 29.8% to 28.7%. Okay. The vehicle turnover per space. This is the, the dwell time, the amount of time that, well, this is the time amount of parkers in an individual space per day. The number of people who came to the downtown area, which is, is up 12%. Um, during season, it was an increase of 23% over last year. And, um, from December to September, it was higher in all 10 months. So what we see is that there's more parking activity in the downtown area. Um, but the length of stay per customer that comes to the downtown area is, um, remaining relatively the same. The, um, the highest number of people who come to the downtown area stay less than an hour. That's about 62% of our downtown visitors. And keeping in mind, the first 20 minutes of parking downtown is free, no matter where you park. So, so a good number of those people are, are here for less than, less than an hour. So at, at the old school square garage specifically, one of the bigger concerns that was expressed was moving to a different rate schedule. Um, the different rate schedule would severely impact the amount of people who are visiting the old school square garage or any of our parking garages. Um, the average actually has gone up 4% from 30% occupancy to 34%. Um, it, as an average of all days on the weekend, on Saturday, it's up 8% at nearly half occupancy. And during the evening peak hours, which are, um, dinner time on the weekends, Friday, Saturday, Thursday night is also a pretty good, a pretty good, um, time. We're actually at 72% occupancy in the old school square garage. So, um, during the months of June, July, and August, we offered a free parking Wednesday promotion. So I wanted to, to go over how that impacted the parking program, which is virtually not at all. It didn't change the occupancy very much. It, it didn't, um, it didn't increase it very much 1.1%. Um, and still the stays same, stayed in the same category of about 63% that are there for less than an hour, where we did see a big change in the occupancy on free parking Wednesdays. Remember, this is just that, that Wednesday where we were not charging is that while the occupancy fell off 4% overall, the turnover, the number of customers that are in the downtown area increased 12.2%. So actually we brought more customers to the downtown area, but the average stay wasn't as long. So, and we saw similar, um, similar at the old school square parking garage, the overall average occupancy decreased by 2%, but the daily turnover of people who parked in the old school square parking garage, um, increased by 22.7%, although the average stay length decreased by 47 minutes. So there are more vehicles per space, but the stays are shorter and we have very slightly lower occupancy. So one of the things that we look at when, when you start, um, you know, start saying that there's not available parking, that we need to increase the amount of parking in our downtown area is we look at how much occupancy is in our parking spaces that, um, at peak hours during the week, because nobody tells us that there's a parking shortage on, on any given morning before noon. And, but during peak hours, then it's very difficult to find a parking place sometimes. So some of the places where we see the highest amount of parking is on Northeast 2nd Avenue. Pineapple Grove has, during peak hours, it has a 95, nearly 95% occupancy rate. The, um, industry standard is that when you exceed 85% occupancy rate, uh, at any, uh, during peak hours, that's when you start looking at adding additional parking, parking opportunities. So I would like to say that the, um, the Community Redevelopment Agency, the CRA is looking at taking their available public parking lot that is on Northeast 3rd Avenue and making that into a parking garage. So, so that is in partnership with the city. They would build the parking garage and then after it's built, they would turn it back over to us to operate for them is what's being discussed currently. There are public meeting opportunities for that tomorrow from 10 until 11 and again from 5 until 6 PM at the arts warehouse to meet with the staff from the CRA and share your perspective on that. Um, beyond that, the side streets and the Roy M. Simon, um, parking lot that used to be known as the railroad lot, but it's the Roy M. Simon lot. These surface lots and side streets still have the highest parking, um, percentages, but they still don't exceed that peak time target that would, would trigger us looking at creating additional parking opportunities in the downtown area. Okay. Now, these next, um, these next few slides are just to, to kind of show you, um, how we come up with this, these numbers and percentages. This shows the parking from midnight to 11 on side streets and surface lots, um, including, including at the beach. So you can see by the lighter colors are the lower percentages of occupancy. The darker the color gets, the more, um, the more, the higher the occupancy grows. Starting by nine and 10 o'clock in the morning, you start to see some of these parking spaces in the downtown and beach area start to get busy. And then from noon to 11 is when the parking spaces fill up and, and are, um, are full. So any of those that are in the dark green number are over 75% occupancy. This is the same map for, for, um, some of the other side streets and, and less populated, um, surface slots. Okay. So revenue comparisons, um, from, from, this is just during the summer months from June to August. F fiscal year 25 versus fiscal year 26. Um, we actually increased the revenue in the downtown area by just under $200,000, but it was very close to the same. This is one of, I think one of the most revealing slides in the presentation is that since the implementation of the downtown employee parking permit, our actual issuance of citations, um, for staying too long in a parking place or parking in the wrong area or, you know, just any kind of, of parking infraction have actually decreased nearly 30%. So now that the employees have a parking permit and they can park legally in places that are, um, convenient to their workspace, our, our number of citations are going down significantly. And, um, with the increased revenue from the different rate structure, our revenues have increased, um, by just over $2 million. So in, in, uh, in conclusion, the revenue grew from 9.5 million in, in, uh, grew to 9.5 million this fiscal year, which is 31.9% above last year. The demand for parking spaces held steady, um, with it, with a busier November to April season and the off season this year was softer. As you've heard many people from the, um, business community tell you, it was a tough summer. Um, spaces turned over, the turnover increased, so there were more customers downtown, but they stayed for a shorter period of time, and there were 30% fewer citations issued during the year. And that is the end of the presentation, and I'm happy to take any kind of questions you may have. Thank you, Missy. Um, Mayor, are there any questions for you? Uh, well, first of all, thank you very much for the presentation. I learned a lot. I'm glad to see the revenues went up. I was fascinated by some of the statistics that you did. Um, explain to me, explain to me, the rent, the resident parking permit that we have, that the people use to park at the beach lots and stuff like that. Are those available for the, for the Roy Simon lot as well? The the downtown resident, um, parking permit and the resident parking permit. There are two different kinds of permits. One is for people who actually live off of Atlantic Avenue, and the other one is for people who are residents of corporate Delray Beach. And yes, the surface slots are available for those, for those permits. Because I mean, I'm thinking, so all, essentially all the residents of the city, I live out, way out west, I can get a resident parking permit, pay the city for the, for the little sticker, and then park on the surface slots downtown, correct? Yes, sir. I think that's a great program. I think that's good for the residents. Um, uh, and I look at, I'm, I'm, I'm, I'm comfortable seeing the turnover of the rates. That's really kind of what we talked about. If we, if we increase it, that we would increase our turnover, which is good for everyone, I think. Um, so I, thank you very much for the report. I learned a lot. Thank you. Um, Commissioner Marker. Yeah, I just have a couple of comments. Um, first of all, I, I think looking hard at that second street parking garage is a really good idea. I think we should, as a city, really think about that as, you know, things continue to blossom for us. I think that's getting ahead of the curve a little bit, which I think would be good. Um, I was really surprised to hear that the old school square garage is basically never full. That's a comment that I hear all the time. And that garage is very central to everything downtown. Um, so I guess I'd encourage all of us as, as residents and to tell our friends and everybody that that lot is almost always full. You may have to walk two blocks, you know, to where you're going. It's almost always empty. Huh? It's almost always empty. Yeah, I said that wrong, didn't I? Yeah, it's all right. So I'll go backwards. So that garage is, is never full. It's almost empty. Um, and that, that is pretty central to everything downtown. And the statistic that, that got me a lot was that 62% of the people that go downtown park for under an hour. And as a former retail executive, that's saying to me, we have a lot of people going downtown doing destination shopping. If you're going for under an hour, you're, you're going where you're going and you're getting back to your car and going home. You're not, you're not perusing. You're not having lunch. You're going downtown for a very, very specific reason. That's a, that's an interesting piece of data to, uh, to have. And I, I've talked to some retailers downtown who, who have said that to me. Uh, I didn't know if I believed it or not, but now we've got evidence that suggests that they're, they're coming for an hour and that's the group. Sometimes the, the, the retailers get concerned about how much those individuals have to pay for an hour of time to do that shopping versus going out to a, a mall where you can basically park for free. So that's something I think we gotta, we gotta keep in mind. Well, and re remember the, the first, the first 20 minutes for those folks that are, that are doing that destination shopping. They're just running in somewhere to pick something up. That first 20 minutes is free. So if they come and go in 20 minutes time, they don't charge for, they don't get charged for parking. Yeah. That's great statistics. It's great to have this data. So thank you. Thank you. Um, Commissioner Cassell. Sure. Thank you. Um, well, first of all, that CRA lot, should we develop it as years out? So that's not a consideration to solve any parking issues in anywhere in the near future, but here's, what's concerning Mr. Moore, based on your presentation, our, um, budget that we just approved should have way more revenue in it for parking. You've got about $400,000 of additional revenue in this current year's, uh, budget coming from parking. And in one category, you're down $566,232, which is confusing because we should be seeing an increase across the board. Does that, uh, reduction in revenue contemplate us considering this free Wednesday going forward? It does not. Okay. So as this current budget sits with this approximately $400,000, I didn't, can't do the math in my head that quickly, $1,000 in additional revenue. How, how does that not contemplate? What is that based on this? Yeah, please. So the revenue numbers that I give, I'm giving you are the revenue numbers that we're taking in at the meter by the time it gets from the meter and processed with, with credit card fees. Okay. That's a big difference then because I'm thinking that's our revenue that we're experiencing. Yes. You're talking about revenue that then we're dividing up. Yes. And that makes it a whole different picture because then why do we want, I was not in favor of monetizing those slots. As you may recall, I was not in favor of monetizing old school square for, um, the support of our small businesses. We're seeing businesses go out of business because they can't afford their overhead and what have you. What can we do to serve and help them bring people to them? How do we do that? Inviting them for free. And as you all may recall, when we talked about the employee parking pass, the original contemplation was for 15 and I, we, I talked it down to 10. I'm glad that's working. But when I'm looking at the amount of revenue we're actually experiencing here in the city, I think we should continue to move on with at least that one free day of parking, parking free Wednesdays throughout the year. And I think we need to start looking at this a little bit differently. This isn't, I'm sorry, Missy, but the amount of revenue isn't, no, no, I'm just saying to you, I'm sorry because you, you put this presentation together and I know the commission is always asking you to find revenue, find revenue. I don't know that this is the way I'd like to find it. If 600,000 of it is going to some company and 400,000 of it is going to the taxpayers, are we helping our downtown businesses? Is that, is it worth it? And I'm just using that number because you said a million dollar increase. You would think at a minimum our revenues would reflect that. I don't know if I'm, if I'm making sense to you. And is that a question you can even answer right now? No, I can't answer it specifically enough. I will say that overall our revenues are up about $2 million over last year. I don't know how, how the fees, if I may, ladies and gentlemen, what's reflected in our budget is our revenue projection. Correct. That's where I was hoping to go. So that's why, so we're projecting our revenue by no, no, let me talk a little bit about the, if I may, Madam Vice Mayor, be recognized, please. Okay, please. Sure. Thank you. It's your birthday. Yesterday. Thank you. Revenue forecasting is based on previous year's trends. It's not based on future year trends. And so budget adjustments would likewise be considered on a revenue side based on the analysis having been offered. So that will be forthcoming. So when it's time to engage the process for fiscal year 27, 28, then that will be a bit of an uptick. So as we engage quarterly budget adjustments for the now current fiscal year 26, 27, we'll be taking that under consideration. But based on previous year's trends, that's where the numbers fall. So it would not be appropriate to take that under consideration at this time. But prospectively, we'll have an opportunity. And so recommendations will be forthcoming as we continue to monitor revenue performance in this regard. That makes sense. Thank you. Thank you. Thank you. So I guess I, what I would be asking my colleagues is, are we moving forward with the free Wednesday every week because free parking Wednesdays? Are we, are we looking at any action on this? Because all I see is presentation here today. It's presentation. So you can direct staff to bring that back to you as an action item. Okay. Thank you. Are you complete with your comments? I am. And I would like to ask for consensus to direct staff to bring that back to us, if I would. All right. Commissioner, I'm not ready to provide consensus yet without more information. No, I'm just giving you time for your comments. Thank you very much. With regard to the $2 million revenue that you indicated that we increased, do we know what amount actually comes back to the city? I can't get it. How can we not know that? No, that will be forthcoming via the processes that I just discussed. So once we have an opportunity to thoroughly calculate what that looks like in terms of budget recommendations, we'll be able to factor that accordingly. So that information is not yet available today. There's an aggregate calculation based on Ms. Barletto's presentation. Excuse me. However, as we continue to move forward, we'll come back with specifics in terms of the revenue sharing outcome for the city of Delray Beach. So not today, but that will be forthcoming and from there we'll be able to go forward. Generally speaking, is there an elevation in revenue as a result of this direction? Yes, there is. We'll be coming back to you with the specifics in terms of what that looks like. The budget contemplates $400,000 approximately. However, given what we just talked about, we anticipate a higher outcome. No idea. I mean, when you see revenue, I'm with you. Commissioner Casale, I kind of assumed, wow, that's revenue for the city, but it's not. Correct. So it's kind of like the tickets. When you see 5,000 tickets times what? It's not. It's what company is getting what? Right. And what is it costing our residents? Exactly. Thank you for understanding. Yeah. It hasn't been all calculated out yet. What's that? It hasn't been calculated out yet. Yeah. Okay. Ladies and gentlemen, if I may buy scenario. Can I interject something real quickly here? Interject. Go ahead. Interject. When we talk about, you know, what it's costing our residents, that's one of the reasons I asked Missy the question I asked her about the resident parking permits, because I think we should be encouraging our residents, you know, to buy these residents parking permits to allow them to park there, because we have an awful lot of non-residents during the season on Wednesdays using these lots. And I'm really trying to encourage, you know, savings to come to the residents, not, you know, and that the non-residents. I think that, you know, when we give away days for free parking, we're giving it away to a lot of people who aren't residents as well. And I think we should be focusing on how do we promote having more residents buying these residents' permits, because I think they're a great revenue source, and we get a much better idea of who's parking there. And so, I mean, I am the one to push for monetizing this stuff, and we're seeing some results. And, you know, I still say that the people who are paying in the parking lots ought to, I mean, using the parking lots ought to be paying for them, which is why I'd like to push the residents' parking permits, as opposed to giving away, you know, free parking days. May I answer that, Ms. Burns? Before you answer that, Missy, the free Wednesdays were for locals. Those were for residents, correct? Anybody who came to the downtown. Okay. Okay. I would be for bringing it back for locals. Right. And to the mayor's point, though, the idea was to help our downtown businesses. This wasn't because we want to just give out free money to visitors. It was because we wanted visitors to come and visit our downtown businesses and spend money in our downtown business. It's economic development, and that was the point of it. All right. So, you asked for consensus on the free Wednesdays? Bringing it back for a discussion. Yes. I would be in favor of free Wednesdays for our locals. Anybody else want to weigh in on this? I don't think we can do it for our locals. It's just for anyone. I'm okay with it for anyone. Thank you. A free day. I'm in favor, but also, I've heard from our downtown merchants, and they feel very positively about that. They think that was a great thing that we did, and it is helping their business. So, I'd be in favor of continuing that. Do you consent? Sure. Okay. So, that's a consensus brought it up. Also, I wanted to just say that, Missy, your data also showed that the $12 parking decal was also went up in purchase, right? Yes, ma'am. Okay. That's one I think we could market better, too, because I mean, whether there's 6,000 out of 70,000 people have taken advantage of that. So, we got a lot of room there just for, and it's $12, but I think we may be, maybe that's something Gina could help us with, just getting the word out a little bit more, but we can do better than 6,000 out of 70,000. And I know that our partners at the Downtown Development Authority are helping us with that. They want that, yeah. Yeah. Okay. All right. Mr. Moore, and then, um, Ms. Mollica. Ms. Mollica, you can go. Oh, all I have to say is I never bought a parking pass ever until they start charging. Then I went and got a parking pass. So, just let you know. I've had one for two years. I love it. Yes. Mr. Moore. Thank you. Just to summarize, with the consensus relative to free Wednesday parking continuation, we'll be before you during the November 2nd, which is your next regular meeting, and we'll have an opportunity to get to that place. Again, to reiterate, the revenue adjustment side will be a feature of budget adjustments during the course of the fiscal year, and that way we'll be able to educate the commission relative to those specific outcomes. It's somewhat fluid depending on the market, depending on the dynamics of shopping, et cetera. Nevertheless, you'll be apprised of that via budget adjustment processes during the course of the fiscal year. Thank you. You're welcome. Okay. So, um, we're going to move on to comments and inquiries on agenda and non-agenda items. Mr. Moore, do you have comments? Yes, ma'am. I actually have a couple of items. If you will, please indulge me. First of all, again, I'd like to use this opportunity to address issues and concerns having been brought to our attention via residents and stakeholders. I'd like to begin by addressing concerns having been brought to one's attention by Derry Beach resident, Mr. Scott Sanfilippo, concerning the showers located along the beach, some observations that were initiated a number of weeks ago, going back even a couple of months or beyond. And frankly, I did offer an attempt to clarify that the city of Derry Beach does, in fact, employ a maintenance program in which numerous steps are executed on a fairly frequent basis to take care of it. The utilization of the VACCON trucks via the Department of Public Works, the Department of Parks and Recreation has a responsibility in this regard, not to mention the drains along the beach are not connected to any type of stormwater drainage because of the edge of the dunes and no existing services to that side of A1A. So for that reason, we have to do what we can to execute maintenance programming to manage the drainage environment in this regard. So this came to one's attention, of course, literally over the last day or two. And several of you all have spoken to me about it individually. And thus, I decided it would be appropriate to offer a commentary about why we are where we are. The most recent significant maintenance activity took place actually last Friday. So there are approximately 30 showers located along the beach. And as of yesterday, six of them out of 30 were experiencing drainage issues for a number of issues in this regard. Much of this is the result of standing water. It's actually potable water that drains off overnight and builds back up during the next day. So that's the topographical environment in this regard. And because of that, we have a couple different strategies to respond accordingly. What's interesting about this particular experience, ladies and gentlemen, is that Mr. Sam Filippo, out of frustration, decided to report the matter to the Department of Health. And of course, we interfaced with a fellow by the name of Edward Kemp, who is the environmental manager for the Florida Department of Health, Palm Beach County, our local offices. And quite frankly, this individual was professional enough to simply give us the opportunity to be aware of the formal complaint coming from Mr. Sam Filippo. And that was simply us doing what we can to continue our maintenance program. So the city of Delray Beach thankfully has built a good working relationship with the Florida Department of Health, the local offices, etc. Thus, all is quite well. So I'm pleased to conclude this presentation by sharing that all showers located along the beach and the promenade are well functioning and well taken care of. And we do have, in fact, the continuous maintenance program. The scheduling to this effect does fluctuate from time to time, depending on the level of inclement weather, high levels of rain, and other conditions that are experienced. Thus, I believe the Florida Department of Health, the local office, will be square with our response in this regard. Therefore, I'm pleased to report as I've just outlined. So from that standpoint, ladies and gentlemen, I offer that background and hopefully that is considered to be beyond satisfactory because I feel professionally that it is. Yes. Okay. Could I speak to that for a moment? I, because as you know, I received the initial complaint back in September. As I did concurrently. And I understand that this is a problem that can can reoccur. But part of the other issue was that the showers were running constantly. So I think if they're running constantly, you're going to find the drains getting more clogged. Whatever our schedule of review is, I think we need to kick it up and make sure that, because truthfully, that was remarkably unattractive, the pictures that the gentleman sent. And he's right. You don't know, I wouldn't want to stand in that water. So whatever we can do to avoid that, and I think that means monitoring it with more frequency and also making sure they're all functioning properly so we don't have excess water and then excess sand clogging the system. Because that's apparently what's happening. We're just getting it clogged. Commissioner, if I may? Sure. I've already offered that direction. Okay, great. Thank you. To both the Department of Public Works in terms of the drainage. That's all I had to say, Mr. Moore. Thank you. I appreciate you. Thank you. Well, I'm on a roll. You are. I see. And it's actually fitting that I offer this update as it relates to the beach because a week from today, we will host a event involving two rehabilitated green sea turtles to be released into the Atlantic Dunes Park Tuesday, a week from today, October 20th at 9 a.m. That was the positive aspect of all of this in addition to the good work being initiated. So the timing is rather impeccable that we offer leadership and guidance in this regard, but bright days are ahead. And likewise, next Tuesday, the total release event, Atlantic Dunes Park. Looking forward to that. And residents and stakeholders who have an interest in that activity are more than welcome to attend. Thank you. That's great. Finally, and this necessitates the help of leadership of both the Department of Neighborhood and Community Services as well as the Delray Beach Police Department. During last week's meeting, I've made a commitment to offer a response concerning subculture. This is not in any way a request on part of the city commission to offer any specific guidance. We are simply responding to the myriad of observations offered by Mr. Daniel Rose and potentially one or two others. Nevertheless, my interest today was to offer a brief update. And this does necessitate brief commentary from the leaders who are before you at the table. So, Chief Hunter, I've been working closely with Deputy Chief Rodney Stevenson the last few days getting this matter squared away from a law enforcement standpoint because one of the questions pertaining to subculture regarded law enforcement presence and the utilization accordingly. In addition, from a code enforcement standpoint, so as I've shared a couple weeks back, Mr. Paul Weber has been appointed Interim Director of Neighborhood and Community Services and he's had his hands quite full in the aggregate world of code enforcement and thus I appreciate his help and guidance. And, of course, working closely with me from the office of the city manager is Jeff Forrest who are all in position to briefly update the commission and as well as anybody in the public interested in this particular concern why we are where we are. So, gentlemen, please begin and I would like to ask you all to be succinct because, of course, we'll take it administratively to the extent that we possibly can. Thank you. Please. Good evening. Jeff Forrest, Assistant City Manager. I'm not going to waste a lot of time on this. We have a quick presentation if we can get it up. To whip through the slides real quick on what the latest is. She's asking which one? Five eggs, subculture. She's got it. She's coming. All right. Just a quick update. The two real – the ongoing issues – not uses, issues. My apologies. Subculture needs to submit to development services for new zoning certificate of use. There are things that are going on in the property that are not according to their current ZCU, one of those things being up some of their pop-up uses. We don't know what's there. Some of those are individual businesses. They may need to have their own BTR. We don't know because we – they haven't told us yet. But that is one of the things they have to do. This is also includes them having a life safety plan that's representative of what they do. Currently, that is not the case. What they're doing on the site is not represented by the current life safety plan that we have on file. They also need to submit to us a list of all anticipated activities so that we can determine which are appropriate and which are not. This is what everybody has called their special events. Some may be. Some may not be. But we need to know what it is they want to do so we can help them make a determination on whether they're allowable or not. Parking continues to be an issue. They're required under their in-lieu-of-parking agreement to have eight parking spaces on site. They still have not obtained a restriping parking permit for their parking lot. The one that they had that we spoke about the last time it was before you has expired. They submitted a new one with basically the same information. With code enforcement, just so you know, it's not that we haven't done anything. There is currently about $100,000 in fines that have been levied against the property for not having a permit for the restriping of their parking lot and for two hosting of events without proper approvals. There's concerns. You see the emails regularly that police department is doing nothing about the illegal parking area. Police department has been out there. They've been actively engaged in offering citations out there. We cannot have a police officer out there 24-7 to get every violator out there, but we are out there and the police department is represented in a regular basis as they should be to cite people who are legally parking on the sidewalk or in spaces that are not demarcated for parking. Just to know also, one of the most consistent complaints we receive about subculture is parking on adjacent property owners. There's nothing the city can do about that. That's a civil matter between those property owners and the owners of the cars. We can't cite them for parking there. Best we can do is tell people not to park there if we see them, but whether they park there or not, it's up to them and the property owner and the possible remedies there. Basically, that's it. Mr. Orricks, can you go back to the first slide, please, for that one. So the new zoning certificate, how long have they needed to submit this? Is this a new ask or is this something that's been ongoing? Mr. So on July 23rd, 2025, this came before the magistrate and at that point in time, they were given 60 days to submit a life safety plan to match their zoning certificate of use. To date, that still has not occurred. So what's the penalty for not doing this in the time allotted? Right now, they're running a $250 daily fine dating back to July 23rd, 2025. And so is there also, there's a number, so they have been given the timeline, but no results? No results. Commissioner Cassell. The timeline, though, that July 25th magistrate, this was going on well before it got to the magistrate. Correct. It went to the magistrate, the magistrate made an order, they appealed the order. Correct. After the order was remanded back to the special magistrate, he upheld the order. Right. Through a finding of fact, conclusion on law, and then reissued the order and made it date back to the date of the original hearing on July 23rd, 2025. Okay. So, and he owes us over $100,000, and he's not complying, and it doesn't seem like we're any closer to getting there. Why don't we just start a lien process immediately? Yes, that's the next step. Why don't we make that step happen? Why are we waiting for, why, what I'm trying to understand, and you don't have to answer this, just understand my frustration. This has been going on for two years. This is not a great way to represent ourselves to others in the community who follow the rules. That's all I have to say. If I were doing your job, I would have already leaned that property. All right. Thank you. Mayor, you have any comments you want to make? Well, it has been going in a long time. I do think that, you know, I get concerned when we are having these liens accruing, you know, on a daily basis where we don't seem to be responding to them because, I mean, look, I'm the first one to say, you know, the whole purpose of code enforcement is to create these things, to have people come into compliance. You know, we're not looking to make money off of these liens, but the reality here is they have made no effort, no effort to come into compliance. So it tests even my patience, especially when part of the issue is they haven't even included a life safety plan. I got to tell you, that becomes a very serious matter to me when they haven't done the life safety plan. You know, I can mess around with someone that they're parking or somebody else's lot of doing this, and I mean, I think it's – but the life safety plan is critical. And, you know, in other areas, if people don't have a – really a good life safety plan in place, they shut them down. Okay. Have you finished your comments? Yes. Thank you. Commissioner Cussell? I mean, I'm sorry. Molliker? I can't – I didn't – oh, I'm sorry. I never heard the magistrate request a zoning certificate of use because that's what you get when you first ask for your business license. These people already had their business license, which necessarily would have meant they already had a life safety plan in order to get their business license in the first place. Now, I know they got in trouble and had some fines to pay, and that – and they, I guess, appealed that. And I listened to the magistrate when he said those fees are due, the fees that were due that they got stayed or whatever the process was. But he never said a zoning certificate – I mean, I didn't hear that – that a zoning certificate of use was outstanding. The life safety plan that is compatible with the zoning certificate of use. That's what they're lacking. They needed to amend it. Excuse me? They needed to amend the zoning certificate of use that they had on file to reflect that they were going to do special events and to reflect the updated life safety plan for those events. So didn't they discontinue those events? They discontinued the concert, but, you know, we've seen photographs of what appears to be events. And candidly, the concern is – I was shown one picture. It was like a flea market or something inside the premises. And the concern is that where people are setting up to sell their goods are in the paths of ingress and egress so that if, God forbid, there's an emergency in there, people aren't going to be able to get out because there's – it's blocked. And that's what the city's concern is. If you're going to host events, number one, you need commission approval, but number two, we need to see what your plan is so that people can get out of the building safely when you host these events. That hasn't been done. So they need a life safety plan for the event – in the event that they do the flea market inside. And they also need a current one because I think that the one that we have on file has a stage on it that allegedly no longer exists, but what we have on file has a stage. Is that accurate? I think it's vice versa. Yeah, I think it's vice versa. But the reality is what they have to do is amend to tell us what they are actually doing. Okay. And that's what we don't have. Okay. Thank you. Also, I think that I remember meeting – I don't know if I was – I don't think I was on the commission, but I remember listening to a meeting where they said you need to get your things re-striped, right? And then the city is going to try to make sure that some of those vehicles that are there 24-7 aren't there any longer. We could do that by means of signs, signage along Federal, but that might be not our road, so we have to get information. And then I think it was – I don't know if Ms. Barletta or if I heard it from somebody else said, well, they can't do signs that they have to do – you know, they have to charge for parking. Meters. Meters. Thank you for that word. It just wasn't there. So meters, but whatever, because there are 64 parking spaces, and there's a ton of parking on Federal – or on 5th and 6th if it's – if people aren't sitting there 24-7. So I just wonder if we – the city has done anything to sort of make those parking spaces more available for the businesses that we hope to attract to that area. That's what I got to say. Thank you. Commissioner Morgan. I have a couple concerns. I've talked to a lot of the neighbors about this, obviously, and I'm growing worried about a potential violence situation over there. I don't use that word lightly, but it's gotten to that point, and I'm nervous about it. It set off my antenna. So we've been dealing with this for a long time, and the neighbors are at a boiling point, I can assure you. And I do worry about violence over there. But I have a few questions, Lynn. I don't know if these are for you or not. What are the penalties for noncompliance? I mean, for noncompliance or noncompliance with the city's code? Noncompliance with city code. Yeah, I mean, it's code enforcement, and we're there. Candidly, you know, the magistrate just recently reissued those orders. And so, yes, the next step is typically to lien those. We usually wait 30 days to give an opportunity to pay, and then they can be liened against the property. At some point, if the commission directs staff, you know, we can institute foreclosure proceedings. But I don't think that this commission would take something like that very lightly. I mean, that's, you know, taking someone's property from them for a code violation. But that's how it would escalate through the code process. I'm very concerned about the life safety issues for events. I think that's super dangerous. And we can't tolerate that. But I don't think that's – we would not be doing our job up here if we took a step on that one. And then, Jeff, the other question, you said if someone from that establishment is parking on a neighbor's lot, we can't touch that. That becomes a civil matter. What's available for them in that area? Like, what can they do? What does the law say they're able to do? Chief Connor, please. Well, we've met with several of those owners of those private lots and explained to them that that would be on them to actually tow those vehicles if they wanted to on several occasions. And, you know, they – some, I guess, have taken action and others really hasn't. Yeah. And in those situations, I can tell you from conversations I've had with the neighbors, those have turned nearly violent on at least two occasions that I've been told. So, again, I'm – my antennas are way up on the violence side of this. So I think time's up here. I think we need to have a meeting with their management team and lay this out once and for all. I don't – I'm afraid something's going to happen here if we continue to wait. Can I just say something? Yes, please. So just for the purposes of the record, there's no lack of effort on the part of the people that are sitting right here and Anthea. Totally agree. So I can tell you that they requested a meeting with staff. They wanted to record it. As a matter of policy, we do not record our meetings. The state of Florida is a two-party state. If I want to have a meeting with Commissioner Burns and I want to record it, I need her permission to do so. And so traditionally, we don't do that. And then the response to that was, then we'll communicate via email because then it's memorialized. There's no question it's in writing. I don't think that opportunity was taken. So, you know, unfortunately, we are limited by code enforcement. That's the extent of what we can do right now. You know, if the commission wanted to pursue other avenues of, you know, future code enforcement proceedings, we can do that. But at some point, you know, there's going to have to be a decision made as to, you know, when those liens and fines continue to accrue to a point where, you know, you're not satisfied that nothing's getting done anymore. You know, from Chief's perspective, you know, unfortunately, we can't have somebody manning the parking situation. Mr. Mayo can do things about it. He had talked about at one point having somebody during peak hours kind of monitoring the situation because at times people just park wherever because they think they're going to run in and out. But there's parking nearby. It's just a matter of not wanting to walk. So that's PD, you know, and that's private property. So PD is not going to manage that. That has to be the property owner's burden. The flip side to that is the neighbors who are complaining, yeah, they can put towways on. I can understand why they wouldn't do that. It takes forever to get there. Right, it becomes combative. They can also put, you know, some people put chains in front of their parking lots when they're not using them so that somebody can't park in there and it's blocked. So there's options that are there. Asking the commission to intervene on every little thing, I don't think it's realistic. I don't think it's realistic for staff to be able to do those things. We're managing a city. And so some of it has to be self-help. People just have to do what they're permitted to do within the bounds of the law. And other things, you know, we're doing, we're managing through the code process. We're doing what we can through the code process. But there's nothing at this point in the record that's going to allow you to revoke their in-lieu parking, revoke, you know, assess additional parking because it hasn't gotten to that level. And staff doesn't see it. It's not that we have people out there that say, okay, you know, in all these days, the parking was out of control. They need more parking. We don't have that in the record. And so that's why we never moved forward with those, with that request, you know, on March 31st. So, you know, I understand that you're getting a lot of emails and I appreciate that. You know, if somebody truly feels that they're going to, you know, be attacked, there's process for that. You can get an injunction. You can go to court. You can call the police. Our police will come and investigate that. But inserting the commission into this all the time, I just don't think that that's the proper venue. It is not. I agree. Thank you, Attorney Jelen, for explaining that. So are we all clear on, like, where we are with this? I understand that the lean is your next step in the process. And, you know, even though it's slow and it's been going on a while, our staff is doing what they're supposed to do. And, like, we're doing it. It's not happening the way we want it to happen, but we're doing it. And that's the basis of this presentation and update to offer clarity in terms of what our capabilities are and the efforts haven't been made because numerous had been offered in terms of gestures, in terms of meetings and that. And, quite frankly, the lack of responsiveness has been a bit overwhelming. Could I ask that we just keep abreast of what's happening, the steps as you go through them, if you could let us know so that, you know, that we would know how to respond to it. All right. Thank you. Thank you. We are on. Yes. Someone. That was it? Okay. We yield at this time, Madam Vice Mayor. Thank you. We are on to public comment. Any member of the public wishing to comment on any topic or agenda item other than a quasi-judicial item or public hearing items should come forward. Members of the public will have an opportunity to speak on quasi-judicial and public hearing items later in the meeting as those agenda items are called. For public comment, please sign in, state your name and zip code for the record, and you will have three minutes to address the commission. This is not a question and answer opportunity, and members of the commission will not be responding to inquiries from speakers. Speakers must address the commission as a whole, not any individual. Insults, personal attacks, and disruptions will not be permitted, and you will be asked to leave if you violate these rules. Please come to the podium and state your name and zip code for the record. Montre Bennett, 33444. Good evening, Vice Mayor, fellow commissioners. Could you check the mic? Information technology, please. Okay. I'm Montre Bennett, 33444. Good evening, Vice Mayor, fellow commissioners, community. First, I want to say, how many people know how to swim? And if you don't, I'm going to say this again because I said it at another meeting. The pool at Palm Bay Park should stay open even after the construction is complete. People still need to swim and learn how to swim, and that small pool would not be sufficient enough for a large crowd of people learning how to swim. One of my sons go there every day. He learned how to swim, and he loved the diving board. We won't have no diving boards if we go the route that we're going, and he crashes out the way. I like the presentation about the maximized using of the land, and it's the set. It ain't West Downtown. I have to say that. The set. We're not West Downtown. I just want to reiterate that again. The set. Seventy. Seventy is Moses appointed 70 elders to help govern and lead Israel. Seventy years for Babylon's exile. Jesus sent out 70 disciples to preach to all nations. The Supreme Court Council of Ancient Israel featured 70 members. Seven is complete. Ten is divine law in totality. From a rattler to a wildcat, Vice Mayor. Keep striking on your 70th birthday. I'm complete. Rawr. My name is Clinton Bembry. 33444. What a lot of fun this commission meeting is. It's like a family. This city of ours is a great, great city. The kind of spirit and the environment that I encountered here in my very first meeting is the kind of environment that I encounter every morning at the Delray Beach Tennis Center under the leadership of Coach Jen Fiedler and Coach Jeff Bingo. I am coming here to advocate for the continuance of the current leadership of the Delray Beach Tennis Center, a place of safety, a place where the employees are happy to come to work. I can name the employees from the maintenance crew to the front desk to the coaches. And I say this because each individual in this particular place has affected my life. I come back after four surgeries in the last three years. A year ago, I could barely walk. I'm out there killing them now. I encourage you to keep the current leadership structure in place because so much of our lives right now is becoming industrialized. Artificial intelligence is encroaching on all of us. And yet, we have a treasure at the Delray Beach Tennis Center. It's like right out of a Norman Rockwell painting. You show up at 8 o'clock in the morning, you're happy to walk on the court, and then you beat the hell out of each other. This current leadership is, you know, the environment that you guys have created, you know, for your employees, the kind of temperature that you administered in this room, it's just happiness. Happy birthday to you. Thank you. You know, I mean, I love this meeting. That's the kind of feeling you get just by showing up because of the leadership that we have in place. Thank you for your time and consideration. Thank you. Good evening, Vice Mayor. Happy birthday to you. May you enjoy many more celebrations. Thank you. Commissioner, City Manager, two very quick things. First of all, I want to give a congratulations to Chief Hunter. Could you introduce yourself and your subcord, Mr. Cannon? I beg your pardon. I beg your pardon, Mr. Mayor. Paul Cannon, 33483. I want to congratulate Chief Hunter on the successful run of his third marathon this year. Thank you. And I find it inspiring that somebody who shows true leadership, by example, is something to admire, and I appreciate you very much. My second point is the slate for the upcoming municipal election is beginning to take shape. And I just wanted to say that I implore those people that are running for office, some in the audience behind me, let's keep the campaign civil. Let's focus on the issues, the things that are important to the voters. Because we're not interested in hearing personnel attacks. We just want to know what you stand for and why I should vote for you and what you're going to do to make my life in the city of Delray Beach that I love more pleasant. Thank you. Thank you. Georgia Ann Goldblum, 33483. I urge you to reconsider the expansion of paid parking throughout the Delray Beach streets and the parking lots. I think these changes both discourage locals from visiting our shops and our restaurants and our studios, and it hurts the business owners who make our city vibrant. As homeowners, we already contribute substantially through property taxes, which you all took up in Delray and did not happen in the other cities around us, even though the values of our homes went up. And we want to simply, we should not have to pay again simply to park and enjoy our own city. Please do not add paid parking to Third Street. If you build a parking lot there where that other parking lot exists, you're going to take out parking for two years for the businesses that are there, and you're going to put them out of business, and you're going to burden us as residents who use it all the time. And even though our mayor says, well, we have shared rides, that doesn't work when you go work out in the morning at 830 and have to get back to home and get changed and go to work. So it's not made for the residents who want to live and work here. It also, and the permit is limited. I don't think it really covers full parking. I don't think it's exactly what we're promoting it to be. I urge you to really look at the final, what are we actually getting in terms of true revenue from this? And this was a test. This was not supposed to be a given and an expansion. So please look at the bottom line of what is really being contributed and do a survey to your business owners and see how this is impacting them because you're going to get less revenue from them and more turnover of stores and businesses if this parking hurts them. And we are not BOCA. We don't have to do what they do. We have to do what's right for us, the village by the sea, that you were all voted for to support. And so that's what I encourage you. And that's it. Thank you. Ricardo Aldana, 33483. Good evening, Major and Commissioners. I'm a del Rey Beach resident, and I'm also a business owner. I understand the challenges that you guys are going through. But as a business owner, I also look into the perspective of both sides. First of all, congratulations. It looks like the Del Rey Beach has become a pretty successful parking business. Revenue is up 17%. I know many businesses are able to say that they are able to make money for a couple of years. They probably even say that they are flat. But you guys are doing a great job. But I have to ask, is that really your job? Isn't the purpose of the city government to serve the residents, protect their quality of life, and make the Red Beach a better place to live? Are you doing that? I understand revenue and expenses. But as a city, this is a city, not a business. It should be measured by not how much money you guys make year after year, but how you actually serve the people that live in it. We're already paying property taxes substantially, and now we have to pay for a permit, for a parking permit that has many restrictions. I asked Sean GPT while you guys were talking about what that's actually covered, and I encouraged the city mayor to actually look into that and understand these restrictions. I think that maybe he doesn't understand that very well. Look at other cities. Get some benchmarking. You have somebody here that presents revenue, but what about the other side of the business, expenses? Where are you guys starting to that? Is there any expert, anybody looking into what are you trying to do? Look at what the Bahamas did. They thought that increasing their fees and expenses was going to attract more voters and bring revenue to their country. Maybe they decide to go elsewhere, and that decreased their businesses by 40%. Is anybody looking into that, doing a cost-benefit analysis of what you're trying to do? Are you guys looking into electric parking permits like other cities do, allow them to park for free? Are you guys trying to kind of evolve into the environmental health and conditions? So, again, I hope that you guys are looking at this, the whole spectrum, those angles of what you're trying to do here with the city. Thank you. Thank you. Good evening. My name is Rick Edick, 33483. My wife and I have lived here since 2000, so we've watched Del Rey grow from this village by the sea to, in my opinion, the most popular destination in South Florida. Maybe Miami has a few pluses, but it's been great. It was an informative presentation. A couple of observations that I had was on the parking, the dark green chart. You know, when you're at 78% and the threshold is 80%, you know, shouldn't we be planning for the future rather than kicking the can down the road, as someone mentioned here? We don't have to worry about that now. You know, I remember parking has been an issue since we've been here, and Jeff Perlman, you know, spearheaded the projects for the parking garages, and I think that, you know, time is to really be looking in the future. Another observation was the revenue increase. You know, it looked like 30%. It was all rate. I don't know when you implemented the rate increase, but, you know, I don't think you have more visitors necessarily coming to Del Rey. I came here because of the, you know, the issue that I heard about expanding the paid parking into the surrounding neighborhoods, and I've watched it go from, okay, it's just going to be Atlantic Avenue, and now it's going to go a block here and two blocks and three. You know, you're going to be up to Boynton if you're not careful, and my feeling, having, you know, exited a couple of businesses successfully and falling into doing turnarounds for 18 years, you know, you can't necessarily cut your way out of a turnaround situation or problems, but, you know, also you can't necessarily just look to little things like revenues to, you know, parking revenues to make the difference. My main concern is not, you know, it's not necessarily in the best interest of the residents and the local businesses to keep expanding, expanding, and raising the rates, raising the rates. I think we need meaningful parking concessions in the city that we live in, we pay taxes, and we support the local businesses. So I really think you need to take a hard look at some of the metrics and the levers that you can tweak to make it, you know, free parking for a period of time. 20 minutes, you know, isn't very good. You can run into Starbucks if the line's not long and grab a coffee, but not much else. So that's my main recommendation. In conclusion, I guess, you know, let's just make sure we don't lose sight of our residents and our local businesses. There's the last speaker who was great. Make it a community, and that's what we are, a community. So I love it here, and happy birthday. Thank you. Hi, Kathy Silk, 33444. First of all, I have a whole new respect for you guys. Every resident should come to one of these meetings, and free parking on Wednesdays, please. Mayor, Vice Mayor, Deputy Mayor, and the Commissioners, thank you for your time this evening. I've been a Delray Beach City resident since 1992. Please don't do the math. My entire family has enjoyed the Delray Beach Tennis Center and laborers for decades. My children took lessons here. It was not until this management company took over that I began to see improvements in the facilities, broken water fountains getting fixed, the nets in the courts in better shape, windscreens repaired, as well as increased programs available at the tennis center. Although the Women's League is part of the tennis center, the current management team works successfully with many different communities within the tennis center. Some of them, for example, the men's group, families whose children participate in their clinics after school in the summer. Mine did. I never heard employees be unhappy. Representatives from large-scale events, I don't see them here complaining about how their events are being run. Or, the many non-profit organizations this management team has worked with, like Special Olympics, encouraging children and adults with intellectual disabilities to play tennis on Atlantic. Building amazing community spirit. It is a great sight to see, and isn't that what we want from our public facilities? I would like to clarify. It's the Delray Beach Tennis Center, not the Delray Beach Women's Tennis Center. Yes, the Women's League is served by the tennis center, but it's a fraction of the many communities they serve. I was disappointed as a long-time Delray Beach resident, city taxpayer, and I was told I'm a high-propensity voter, to see that a decision I thought had already been made could be changed by a person who attended a meeting last month, complained, and is not even a Delray Beach City resident. She lives in Boca. Yes, it matters because Boca has plenty of nice public tennis facilities. That person has also played at four locations in the last four years. Don't misunderstand me. That is not uncommon in ladies' tennis. People move around from facility to facility for a lot of different reasons. I, on the other hand, have played all my team tennis for over 12 years at the Delray Beach Tennis Center, and I love it. I have always liked the feedback from the pros, but if I didn't need their feedback, some of it's not always positive, but if I didn't need their feedback, I would be on the tennis tour, right? I believe the current management team has been grossly misrepresented. I would like to focus on the purpose of our public facilities, to serve many different communities, and we have been served well. Once again, as a resident taxpayer and voter, I would like us to move on from this conversation and address other pressing issues with the city. So, thank you for your time. Thank you. Hello, my name is Deborah Price, 33444. Happy birthday. Thank you. So, I wrote a letter to Mr. Mayor and commissioners. So, I'm just going to give you some takeaways to reflect on, and it's uncanny that the lady who spoke just prior to me echoed some of the same sentiments, and we both moved here in 1992. So, from my perspective, I love tennis, I love Delray Beach, I'm a retired tennis professional. Some of my students, just to give you perspective, that I, I mean, I might bring something different to the table in my analysis of the way the tennis is run. Some of my previous students went on to play for Berkeley, Tulane, University of Pennsylvania. I mean, I gave it my all, and that's what I see from the current group that's running the facility. Moreover, the view from, I live at Lavers. I have investment property at Lavers. Every morning, I'm walking my dog or riding my bike, and I couldn't find a more cordial environment. You know, everybody seems to be in really good spirits, but doing their job. In addition, with my background in tennis, I'm well aware of the reputation that JCD Sports Group has built over the years. And I, I really respect the leadership in a way, not, not just as a stander by or a Delray resident, but as a professional who's saying, wow, I know that's a hard job and you're doing it really well. So, I have the utmost respect for them. I personally think that they've done more for Delray Beach Tennis than any entity over the period of time that they've been here. Having, having a residence at SWIM, I can tell you the positive changes. You know, some people that have, yeah, it would be great to have more funds in the courts, but that's not their job. But over the years, the improvement in the way the facilities are maintained, I think, is very noticeable. And I, like I said, you know, I ran eight facilities. I know this isn't an easy job, but they do it very well. So, I just want to give them credit where credit is due and mention as a resident, a taxpayer, an investor in Delray Beach that I think it's in our mutual best interest to, to maintain our relationship with them. I, I think the world of them. Thank you for your time. Thank you. Hi, good evening. I'm Jen Davis. I was born here in Delray Beach, and I own, and I own second time around consignment that just celebrated 47 years in Delray Beach. So, you'll have to take me out in a casket from my home. Ms. Davis, can you offer your zip code, please? 33444. Thank you, ma'am. Sorry. So, I received this letter about a waiver. A neighbor had, opposite us, had moved into an assisted living facility. Barbara had been in her house for. I'm sorry. Is that for an item that's later on this, on this agenda? I don't know. What is the address for the waiver? The waiver? Is there an address? 1401 Dale Lane. Right. So, unfortunately, you're going to have to wait to have that. That's okay. Okay. Sorry. Thank you. Everyone, Christine Midwall, 33431. I'm a Boca resident, but speaking on behalf of Delray Tennis Center. Thank you for your time. Happy birthday. Thank you. I'm one of the captains for Delray Tennis Center's A2 team. We're called the Sunshine Girls. And I'm here because I care deeply about this tennis center. I want to share my positive experiences that I've had with Jen, Jeff, and their team. I also bring a lot of experience as a former Parents Association president at Pinecrest School, so I admire what you all do. That role has taught me a lot about listening, communication, and coordination it takes to serve a community with different needs and strong opinions. It taught me to take concerns seriously while looking at the full picture. I bring that same perspective to my role as a tennis captain. I live in Boca Raton. I've played at multiple tennis clubs, and Delray has been my best experience. I willingly make the drive and pay a premium as a non-resident because I value what the center offers. Delray has become a place that I call home. One of the reasons I joined was the quality of practices and clinics. They are organized, they're well-run, and they gave us meaningful opportunities to improve. The courts are in great condition, and the positive, welcoming environment makes me look forward to being there. As a captain, I appreciate the work that goes into coordinating practices, communicating with players, and supporting team tennis. Those everyday efforts help us build stronger teams and lasting friendships. Our team has improved competitively. We earned a good sportsmanship award this year, and we are proud to represent Delray, and we enjoy welcoming visiting teams to our home courts. The reason that I'm speaking today is I was pretty upset about the recent article and some of the things being said about the club. The picture being presented does not reflect the place I know or the experience I have personally had. From my perspective, the article gave considerable attention to dissatisfied players and staff while giving too little attention to current players who are happy, involved, and committed to the program. I respect everyone's right to share their experience, but I want our experience as current players and team members to receive that same consideration. If we asked former members of clubs in Boynton Beach or former members of any tennis club to recount every disagreement or reason they laughed, I suspect we could fill a book. People change clubs for many, many reasons, and every club has members whose experiences differ. Those accounts deserve fair consideration, but they need context and balance. They should not define an entire club without hearing from the people who continue to play there and value it. Jen and Jeff deserve a fair assessment that includes the quality of the programs they provide and the community they help maintain. I also want to address a statement that an individual made here at one of the last meetings that more than 70 people left team tennis. Based on my knowledge of the program as a current captain, that number is completely inaccurate. If 70 players left, that would be five full teams leaving. Oh, I'm done. Okay. But we do not have five full teams leaving. Thank you. I'm still here. Thank you. Yvonne Odom, 33445. Happy birthday. I said it once already. I'm going to be addressing something that, two things in particular that I, because if I'm not here, I am watching online, and I encourage all of you to do that. The one is the old school square issue. In 1968 was my very first year teaching here in the city of Delray Beach. And I moved to Pine Grove because the rumor has it that that was going to be demolished. And the school district abandoned the building, not right after that, but shortly. And there were a group of citizens who said no, and that's who saved Old School Square. And it bothers me because I was at the meeting when the motion was made to withdraw the relationship. And that's what bothers me when we do stuff not for the good of the city, but because for some reason you didn't like somebody who didn't vote for you. And that's all it's about, because not enough of us vote. Whoever we vote for, once you get up there, no seats. You represent all of us. And those volunteers who ran that Old School Square, because I spent many years there. Bump Mitchell had his church there. We had plays. We had everything. And now we're paying somebody to come back to tell us what we already did. And I just think that's not very good of this city, because if it were not for the volunteer organizations, because I've done it all my life. I married my high school sweetheart, and I wish I had a dollar for all the volunteer years I have put in of this city. And the volunteers are what make this city work. The second issue was the Roots Customer Festival Parade, who for years we enjoyed it. We had tennis tournaments, basketball tournaments, everything. And then there were some young men and women who wanted to bring that back. And the promise was made that they did not have to pay those exorbitant fees, because it was just, again, volunteers. Politics got in the way again, and now we're sending those volunteers. They can't do any more volunteering until they pay these fines that I personally think are unfair. And we need to take a better look at who is volunteering and who really makes this city work. I've lived here my entire adult life, and if it wasn't for the volunteers, we would not be the city we are. And be careful how you treat your volunteers. The old school square now, you've got a million dollars in your budget. And I was around when the budget was fully funded, or mostly funded by volunteers. So let's take a better look at that. And once again, I say once you're elected there, you don't just represent the people who voted for you, you represent the whole city. And I think you should be a little bit more careful once you take those seats. Thank you. Thank you. Judy Ward, 33487. Good evening, Mayor and members of the City Council. My name is Judy Ward. I've been playing tennis at the Delray Beach Tennis Facilities for eight years. I'm in my fifth year of women's leagues, and this season, I'm a first-time captain. I'm here tonight to strongly support keeping the current JCD management team in place for the next five to ten years. I want to be fair. Everything isn't perfect, and there are areas that need improvement. The technology needs to be modernized. The facilities need investment. New tables, chairs, fencing, and other improvements, particularly at Jaeger Jive. But those are reasons to invest and improve, not reasons to replace a management team with nearly 30 years of experience. What this team has built is a tremendous tennis community with an enormous variety of programming for virtually every level from beginners to highly advanced players. We have drills, match plays, double strategy, camps, leagues, and teams, along with a large group of excellent tennis professionals. I've played at many tennis facilities throughout the Northeast, and I can honestly say I've never seen the variety of tennis programming that Delray Tennis Center offers its patrons. This kind of community doesn't happen overnight. It takes years of experience, relationships, and commitment to build. Nearly 30 years of that experience is valuable and should not be underestimated. I understand there are complaints. In a program this large, with hundreds of players and many different expectations, there will always be differing opinions. Some players will leave, new players will come in, and no program will satisfy everyone all the time. But I believe the Council shall look at the entire picture. This management team knows the facilities, the professionals, the leagues, the teams, and the players. They know what works, what needs improvement, and how to move the program forward. We have something very valuable here. Outstanding tennis opportunities, excellent professionals, a strong tennis community, and a facility capable of hosting the Delray Beach Open. My position is simple. Keep the experience, make the improvements, modernize the facilities and technology, and build on what is already working. As a player, a league member, and now a captain, I believe retaining the current management team provides the continuity and experience needed to make those improvements while preserving what makes Delray Beach tennis special. I strongly encourage the City Council to keep JCD management in place for the next five to ten years. Thank you. Thank you. Patricia Ryan, 33445. Just want to read from you the Coastal Star quote that said, that at their meeting, commissioners decided to invite the five companies that had interviewed for the contract back for another round, this time in front of the commission. The presentations are scheduled for October 20th, officials said. So the reason why you only have one side of the argument here is because most people that read this article think it's a week from tonight. I think that you should not, as a result, should not decide on this this evening because we're not represented. I purchased a property in Delray Beach because I was playing at the City of Delray Beach. So I wanted to get a resident rate to play at Delray Beach. I am one of the people that have left. I am the captain of a team at Boynton Beach. I can give you specific reasons why I left, and you have to consider that this is a ten-year contract. So how have they done over the ten years? And it sounds like they've really pumped it up, knowing that the contract's up for renewal, and that's great for you all that are there now. But those of us that were there and chose to leave, the article was pretty much spot on. But we're not here represented because everybody thinks it's next week. So just keep that in mind when you make this decision later on. And if you want specifics, I can give you specifics, and I know many people, and that number of 70 I don't think is inaccurate. And so just keep in mind that this was a ten-year contract. So what happened in the course of the ten years of the first nine versus the last year? And also, on a separate subject, the showers at the beach, I would suggest posting a number on each shower and some type of hotline that has already 24-7 coverage that people can call in and report an issue on the spot so that you have your crews that can get out there and in a lot more timely manner. It seems to me that, I mean, if a shower starts running on a Saturday morning and you have, you know, no weekend crews, then you've got a lot of issues that could have been resolved a lot quicker. So number them like they do the call boxes on the turnpike or whatever so that people can say, showerhead number 12 is running and it can't turn off or it's clogged, it's disgusting or whatever. And they can report it in a much more timely manner that it can be, not get to the point that it sounds like it got to. Thank you. Thank you. Happy birthday. Thank you. Happy birthday. Thank you. My name is Lynn Levy, 33444, and I'm here to express my support for Jen Fiedler. Five years ago, when my husband and I first arrived in Delray's Snowbirds, we walked into the swim center, knowing absolutely no one, and Jennifer was the first person to welcome us. She made us feel like we belonged and took the time to explain all the opportunities available through both Delray swim and the Atlantic center. Since we were only in Delray for a short, sorry, for a short part of that season, Jen suggested I join a clinic at Atlantic. That one recommendation led us to meeting some of our closest friends in Florida. Jennifer gave me her cell number, and before the following season began, arranged a tryout so she could properly place me on a team when I returned. As a snowbird, that meant so much. Another year, when I arrived late in the season, she found me a place on a Claymates team and added me as a sub on one of her teams so I could play. Every time my husband or I walk by the courts, Jennifer greets us with a huge smile and a warm hello. She seems to know everyone by name, remembering returning members after months away, and is always introducing new players so they feel included. She helped my husband find non-competitive groups that fit around his work schedule, making the club welcoming for both competitive and recreational players. I have played on both the ladies' C and B teams under Jen's leadership and have also taken private doubles lessons with her. Her knowledge of double strategy, her encouragement, and her ability to teach have helped me improve my game every year. I definitely use the skills and strategies she has taught me during league matches. Jennifer knows what is happening on every court at all times. She celebrates players' successes, supports those who are struggling, and makes the difficult decisions that come with organizing competitive teams and leagues. Those decisions are not always easy, but they are made with fairness and with the best interests of the players and the tennis center in mind. To me, Jen is the face of Delray Swim and Tennis Club. She is one of the reasons my husband and I look forward to returning to Delray every winter. Facilities are important, but it is people like Jennifer who create a welcoming community that keep people coming back year after year. Thank you. Thank you. Good evening. My name is Carrie Cohen, 33486. I am not a Delray Beach resident, but I made a conscious decision to leave the Boca Raton tennis program and become part of the Delray Beach Tennis Center community for over five years. I have taken lessons at Delray, participated in summer tennis camps, and worked with both coaches, Jeff Bingo and Jen Fiedler, who both have played an instrumental role in improving my game. Two years ago, I decided to leave Boca and make Delray my tennis home. Today, I am proud to be one of the captains of the A2 team. The other one, the dream team. I didn't leave Boca because it was closer or more convenient. I came to Delray because of the coaching, the programs, the atmosphere, and most importantly, the people. I found a tennis community that was welcoming, competitive, and genuinely invested in helping players improve. That is what makes the current situation so disappointing. What should be a discussion about the future of a successful public tennis center, a tennis facility, has seemingly become a controversy involving personalities, private lives, and negative publicity surrounding individuals who have dedicated years to this community. I find myself asking why has this matter been reopened, what specifically has changed, and why are personal matters becoming part of a discussion that should be centered on the operation and future of the tennis center? I also ask the commission to consider the impact that these decisions have on the players, because it's more than just women's tennis. I respectfully ask that any decisions regarding the tennis center be based on people who are currently members, not disgruntled former employees, and their moms, or whoever it might be. I chose Delray because of what this tennis community had built. My hope is that the commission recognizes the value of that community and ensures the fairness, transparency, and facts guide whatever comes next. Thank you for your time. Well, many people from our side also thought the meeting was next week, but we are here. The same courtesy was not made at the first meeting. So thank you for your time. Thank you. Lucy Casuarez, 33444. I just want to thank City Manager Moore, Vice Mayor Burns, and Janai Bowens. I've been up here advocating for education budget, and they came up with a creative solution that not only addressed my issues, but also will provide a lot of what I wanted for our city school. So I just want to come up here and thank you guys, because I think it's just as important as advocating for people as it is when you guys come through to let the city know that you guys came through. So I just want to thank you guys. And Legend also wanted to say happy birthday. Well, thank you. Say happy birthday. Thank you, Legend. You say happy birthday? No? Okay. He'll say it when we bike away. Say bye. Thank you. Can you say goodnight? Night. Good evening. Neal Schiller with Government Law Group, 137 Northwest First Avenue, here representing FM Tennis, LLC. First, Madam Vice Mayor, happy 70th birthday. Thank you. I'm catching up, but maybe faster after this meeting. I'm here tonight because I can't speak for the agenda item. I just want to give you some bits of information before you make your decision regarding the tennis contract. The last time I was here before you about tennis, there was a decision made that you would hear presentations from the five proposers that submitted on this contract on October 20th, next week. Two weeks ago, Friday, my client, FM Tennis, got an email from Purchasing saying they'd been disqualified because they didn't meet the specific 10-year experience of similar complexity. We have accordingly filed a bid protest, accordingly filed a number of different public records requests, and we've come to find out that that 10-year requirement is actually significantly anti-competitive. I believe everybody of four of the five proposers were disqualified for not having met that same 10-year experience criteria, I believe. Lynn telling me I'm wrong. That being said, it's a significant bar to competitiveness. And so we filed a bid protest. We believe that you should either A, find everybody responsive the way you did the first, the way purchasing staff did when your evaluation committee scored the proposals back in May, and when this body did, when they invited all five proposers to hear presentations. Either let everybody present or cancel the RFP and start over with a five-year requirement and not 10 years. Thank you so much. I'm here to answer any questions. Thank you. Good evening and happy birthday. Laura Simon with the Downtown Development Authority, and I'm here tonight just to address or to have some dialogue on the parking presentation that was presented tonight with the downtown and as our organization continues to hold parking as a huge priority for the success of our downtown, it is really important for us to look at it in totality. And I appreciate the numbers. It's great to see data. However, it really is important to look at it holistically and how the downtown is impacting the downtown because we have to look at the economic data from our businesses as well and what the sales numbers look because it's off. I mean, we had a really slow summer. And when you look at when we put the parking in, it was not about revenue. It was about management. And while, yes, turnover is up by the stats that were shown, it's also shorter time. Our goal, our downtown is a place to stay. It's a destination. We want people to stay there. We want them to come for hours. I do believe by changing and implementing hours on a lot in the center of our downtown as well as in our garages, it has increased that turnover because people are coming in, doing quicker transactions, and leaving. Still, there's a lot to look at. And I would just encourage and we're happy to look at and sit down together to look at the demographics and how things are working and how we can make it better because our downtown is a valuable place for people to invest their businesses. They put a lot of money and time into this. And to hear that it's not helping and people are leaving quickly because their meter's up, we want that not to be the reason people are leaving our downtown. So we encourage to work closely with the city and look at the data and really look at the visitor traffic and how we can make this better and be a better management tool for the downtown versus just a revenue generator for the city. Thank you. Thank you. Good evening. I'm Mavis Benson, 33445, and happy birthday. Thank you. Believe it or not, Laura Simon and I did not discuss this before I came up to speak. I had no idea what she was going to say. She had no idea what I was going to say. What I am saying is I come speaking from the perspective of residents and merchants, and I'd like to talk about the most valuable thing in our downtown. It isn't a parking space. It's time. Every merchant on Atlantic Avenue is really selling one thing. First, a reason to stay. Stay for dessert. Stay to walk into one or more of the shops. Or stay to wander into a gallery or visit the museum. The cell, when people are walking by, when the time goes off of their meter, they're going to the meter. They're not stopping to look at what I have or what my neighbors had. It comes from the person who had time to look. A parking meter is the only thing downtown that tells customers to leave. When people are watching the clock, the check comes faster, and the dessert gets skipped, the second shop doesn't get visited, the museum doesn't get any visitors. You can ask any of the merchants on the avenue, and they'll tell you the same. The summer free parking Wednesdays took the clock out of the play for downtown. Locals came back, and they stayed. And merchants did fill it, and they thank you. I know the city reports count the dollars not collected. I'd ask you to count the minutes, too, because the minutes are where the money is. Longer visits mean more spending, more leased storefronts, and a downtown that stays healthy in the off-season. We invested so much in making people want to linger here. The concerts, the art walks, events taking place at Old School Square, and the beach is just steps away. No city around us has anything like that, so please don't measure us against them. And let's not put a timer on the very thing that makes Delray special. The same is true for the people who work here. The servers, clerks, and staff who make downtown run can't always afford to pay by the hour for an eight-hour shift. Affordable employee parking keeps them working downtown and keeps the best spaces open for our customers. So my request is simple. Please consider keeping free parking Wednesdays. Keep employee parking affordable. Set clear measures and review the results again in a year. And I believe they'll show what every merchant already knows. Thank you. Thank you. The comment close. We'll move on to the consent agenda. Can I get a motion? Motion to approve. Second? Second. All in favor? Aye. Aye. Any opposed? Mayor, did we get an aye? Yes. Your aye. Thank you. Thank you. We move on to our next agenda, which is a, was it 7AA? 7AA. Do you want me to read the caption? I'm sorry, is that 7AA? Yes, ma'am. Okay, yeah, 7AA. Go ahead. I have the resolution. All right, so a resolution of the City Commission of the City of Delray Beach approving an agreement with Dubin and Associates, Inc., doing business as JCD Sports Group for turnkey management services for the Delray Beach Tennis Center and the Delray Swim and Tennis Club, pursuant to request for a proposal number 2026-023 for a five-year amount of $999,600. Just to give you a little bit of background on this agenda item, although you probably know it from all the comments already. This actually originated back in March when the City issued a solicitation for management of our tennis facilities. The current agreement is a five-year agreement, which is expiring in December. So the typical process for a solicitation is that the requesting department reaches out to purchasing, purchasing with their assistance, drafts, and RFP, that gets issued, and we receive bids and proposals. In this case, we received five proposals from various organizations. Florida law requires something that's called a responsibility and a responsiveness analysis, and that's typically done by your purchasing subject matter experts. And what that does is, number one, responsiveness tells you that they've, you know, they've followed, you know, the directions, right? The bid that was submitted met all their minimum requirements, had all the proper forms, everything was executed properly. The other analysis is called responsibility, and responsibility goes more towards if we award the contract to this group, do they have the ability, are they responsible enough to perform under the contract? So that analysis is typically done by purchasing. Our purchasing policies and procedures do afford the city manager, the authority, to review this at any time. So under the responsibility analysis, the policies state that Mr. Moore could evaluate a group for their responsibility either during the solicitation process or even during the performance of a contract. And the reason why is because we want to ensure that the people who are doing work for the city are actually doing what they said they were going to do. And so that's why the law affords him that discretion to make that determination at basically any point during a relationship. And so in this case, the selection committee met. The selection committee was comprised of Mr. Mitot, who's the director of Parks and Rec, his business operations manager, and one of our city engineers. And so they reviewed the proposals. Mr. Schiller is correct that the purchasing department, under their standard language during the technical selection committee meeting, made an announcement that the proposals were found to be responsive and responsible. But like I just said, responsibility can be analyzed at any time. And so at that committee meeting, all five proposals were reviewed. I can tell you that I took the opportunity after the commission determined on August 18th that you wanted to hear all the presentations. In order to not waste people's time and to ensure that our policies and procedures were followed, I reviewed all of the proposals. And upon my review, I could tell that it did not appear that some of the minimum qualifications had been met. And what do I mean by that? Under the RFP, one of the requirements was 10 years of management operational experience. And so that's not, you know, somebody who's a tennis pro. That's somebody who's collecting revenue, scheduling the courts, maintaining the courts, doing everything that our current provider does for the city. And so I scheduled meetings with Mr. Metod and with purchasing. And I asked them, I said, please reach out to the proposers and ask them to substantiate their management operations experience as well as their tournament experience. Those were the two key things in the solicitation that I felt upon my review had not been met. And so purchasing issued an email. At that point, we only had three groups that responded, that wanted to participate on October 20th, Barrel Group, FM, and JCD. And so they reached out to those three groups and asked them to substantiate their experience. And then we met again and reviewed everything because at this point, now the commission is a selection committee, right? So now we have to ensure that the proposals that are given to you comply with this analysis. And upon our review and discussion, I provided Mr. Moore a memorandum, essentially stating that two out of the three remaining did not meet those minimum qualifications. Now, candidly, when you looked at the 2021 RFP for the same services and the current one, the experience was changed. So it went from five years of experience to 10 years of experience. It went from a five-year contract to a 10-year contract. And those are things that Sam's here and he can explain to you if you have any interest in finding out, you know, why were those changes made. I don't agree with Mr. Schiller that it was basically to, you know, make it not competitive. I think when you speak with Mr. Mr. Mitaht, you'll understand that. And so I provided Mr. Moore a memorandum with our analysis. It was sent by our chief procurement officer, Mr. Narcisse, and myself. Mr. Moore reviewed everything. And then he made a determination pursuant to his authority and the purchasing policies and procedures manual to find barrel group and FM group not responsive and not responsible for this solicitation. And so what does that do? That means that at this point, there's only one remaining provider, which is JCD. And so that's why this agenda item is before you today, because we went from five to three to one. And so you're meeting on October 20th. There's no reason for it. Now, I can tell you, you know, despite the fact that I don't think that the proper analysis was done, I still maintain that Mr. Moore could do it at any point in time. So there's no violation of our policies and procedures. He could do that analysis at any point in time. In addition, I think you also have to consider that under the current solicitation, all five proposals were given to staff. So if you said to me, Lynn, what's the big deal, right? All of them went. So it wasn't like anybody was knocked out initially. Anybody didn't have an opportunity to have their proposals considered. And what Mr. Meetot is going to tell you is that when the selection committee met, for lack of a better word, it was a no-brainer. And I think you saw that because when we met on August 18th, if you remember, I was looking at the scoring and I said, you know, in other situations when the scoring has been close, we have recommended to you to do oral presentations before the city commission on these bigger contracts. On that day, I said to you, the point spread was seven points. Sam corrected me and said, Ashley, Lynn, your math is wrong. It was actually over 50 points. I think that's an important consideration for you. So because you're a subject matter expert to review the proposals, they reviewed all five at that point. And at that point, you know, they made a determination that was presented to you. So what are your options today? Today, you can accept staff's recommendation, award to JCD. We would have to award a five-year contract with five one-year renewals. So that we can't change because when we start changing the terms of a solicitation, that creates an unfair environment because then somebody could come back and say, well, you know what? If you had a five-year agreement, I probably would have submitted a proposal. So with that understanding, it's a five-year agreement with one-year renewals, and we do have a termination for convenience clause. So if at some point that you felt they're not performing properly or we're going to do something different with the tennis center because we're going to consider a P3, you always have the option to terminate. So that shouldn't steer you in one direction or another. So you can either award it, which is what's on the agenda tonight, you can, or option B would be to say, you know, under a strict reading, you know, maybe it's just cleanest to cancel the solicitation and, you know, start over. The caveat to that is this agreement does expire in December. We're already in October. And then, you know, it would take some time to, if you wanted to make changes to the solicitation, if you felt that the minimum requirements weren't accurate or fair, we would have to bring that back for you to have a discussion. Can I ask a question? Without changing the requirements in the RFP the way it was issued, if we did it again, would it change anything? Wouldn't it be the same result? Candidly, I don't think it would change anything. Okay. Thank you. Were you finished? I'm sorry. Yes, ma'am. Could I add another question, Ms. Burns? I think the point is, though, if we went out, we could not allow, we already had this process. We completely muddied the water. However, if we go out for a new RFP and everyone knows each other's RFP, then someone who came in at a particular price comes in lower. So even if we modified the RFP, I wouldn't want, I don't think it would be, how do you do that? And then you're getting a different, totally different application. And then the process is completely flawed. I mean, listen, here's the thing. I play at the Delray Tennis Center. And, you know, I'm familiar with the place. I support a fair and transparent, legally sound RFP process. And if there was a procedural error, that's a problem. And we need to figure out why that happened. That's a bad look for us. But I also think, based on all of my discussions with both of you, regardless of what happens, we're going to be at the same place. Same place, yeah. And that's the, and that, and, you know, these processes are not supposed to even include us, to be honest with you. These are administrative decisions that happen. And when they occasionally come to us, it's because it's so close. And it wasn't even remotely close. Okay. Commissioner Maliker, you have? Yes. Didn't you say that it was a 10-year contract? But when you just spoke about it, you talked about a five-year contract. So it's a five-year initial term and then five one-year renewals. Five one-year renewals. So why did we change from 21 having five-year experience to the new RFP having 10-year experience? Mr. Metop. Good evening, Mayor and Commissioners. Hi. Sam Metop, Parks and Recreation Director. Again, looking at the RFP, just working with purchasing, always trying to put out a better RFP each time around that's more thorough and more substantial and really putting out forward what the city's looking for and just looking at what's in the best interest of the city as far as making sure we have quality vendors that are coming in here and applying for these other things. And, you know, similarly, we had just rebuilt the RFP for the golf course management just a few months prior to that, almost a year prior to that now. And it calls for a similar type of terms, so we were trying to be more consistent with that process. And in the golf RFP, was that a 10-year experience? It was 10 years of experience, even 15, depending on some terms of it. For management. And then same thing as we touch on the length of the contract. The golf contract that we did last year, I brought in Bobby Jones Lynx. That is a five-year agreement with an additional five years as well. The thought process there is, this isn't a purchase process where we would RFP the purchase of some big thing. This is an entire operation, and it's management of a big operation like a golf course or two big tennis centers. And trying to do a three-year with renewals and being considerate that you're bringing in, you might be bringing in a whole new staff, a whole new employee clientele, the initial investment to build up an on-ramp to take on an operation like that. And just looking at those terms, like giving a little bit more security in the long-term for both the city and the vendor in those situations. So those were just the considerations with purchasing that we looked at. In the past 30 years, has it been the three-year plus two-year? What has it been? Because we've had the same management company for 30 years. What did the contract look like? I don't know that. Prior to 2021. Sorry? I'm not sure what the agreement said prior to 2021. I see. And what did it say in 2021? That was the five years of experience. That was the five-year with five years or just? Correct. Got it. Five total. Okay. Then why are we here already if it's five-year with five-year? No. It was five years total. Five-year total. It was a three and two-one renewal. It was a three and two. Okay. Understood. And then another question is when those RFPs come in, Commissioner Casal just mentioned the other people can see the other RFPs. Can they? Do we show the RFPs to others? I mean, everybody's present during the selection committee, so it's a public hearing, which is why it was recorded and we have that information available to us. I don't know if it was a sealed bid. If it's sealed, that's a little bit different. I don't know. These are proposals, so I'm not sure. If we go back out, it's public now, and that taints the next round. I mean, I'm talking about now. That's correct. Yeah. Oh, yeah. I'm speaking about now. How is it public? It's public. It's been emailed to all of us. Their public records stands to the question. They are public. They are unknowledged. Absolutely. Everything that's been done to this point is public right now. So I would suggest that there was some mistakes made. Based on what you said, there was a requirement for tenure management experience, but some of the companies that were selected by the committee as runners-up didn't have that, correct? So they got in by accident, maybe? I don't know. I wouldn't call them runners-up, because there was only one recommendation for award. But they weren't booted out. They would have been booted out. They were not booted out. They were considered. So is that a problem? No. I mean, in the sense of fairness, I mean, they still were able to be considered by the selection committee. All the proposals were reviewed, and you received rankings. So, no, I don't think. And, you know, if they had been rejected at the onset, that might be a different story, right? I mean, it should have been, in my opinion. It should have been, yes. But it wasn't. So, I mean, is there, would it say no harm, no foul? I mean, at the end of the day, they were all still considered. They all went before the selection committee. They made their rankings, and here we are today. So, I guess there were five originally, right? Yes, yes. And then two didn't comply because they didn't have the 10 years, yet we still considered them. But then there were two others, and then when we asked for information, they didn't give it to us? Is that accurate? Five initially. Two just dropped out. Well, purchasing staff contacted them to let them know about the October 20th meeting and to let them know the deadlines for their presentations. They didn't respond, so they were just removed from consideration, and then we were left with the three. But two were then? And then two were removed because they did not meet the 10-year qualification. And I'm not sure I understand the 10-year qualification. I know that we're trying to stay consistent with the same thing we did at the golf course, but I would think that five-year gives me the confidence that somebody has responsibility, and maybe, you know, a five-year company is more progressive than somebody that's been doing it for 10 years. I don't know. I mean, there's arguments both ways, in my opinion. But are you complete with your comments? I'm not. I don't know. I'm sort of mauling this over. I reserve the right to come back to this. I'm going to move on. Okay, thank you. Commissioner Mark. I have comments. I'm coming to you. I got a note in front of me. Mayor on the call. You can go ahead if you'd like. Commissioner Mark, please. Thank you. Yes, ma'am. A couple things. You know, I just think that, for me, we issued an RFP that was well thought out, well documented. We had responses. There was only one company that met the full criteria. And frankly, I reviewed the results with the team, and the results weren't close. We only had one submission that met our criteria. This is a big deal for the city. We can't make a mistake here. That tennis center is mission critical to our city. We only had one company that met the criteria. And, you know, Judy, I think my corporate hat on, I think a five-year term is appropriate. And I think the series of one-year renewals is a very prudent way for us to go. But for me, we issued an RFP. It was well thought out. We only had one company that met the criteria side. I'm pretty clear on this from my chair. Okay. Thank you. Yeah, we just need to do a better job of following our own policies. Mayor? Well, I'm going to disagree with several items here. First of all, and I'm just going to say this is a policy matter that this commission needs to address. Because if you go, we put our CRA hats on. When they do an RFP at the CRA, the person who's doing the RFP comes to us and asks us, what do we want to see in it? Because had they come, which I think is a good policy, because we're saying, oh, it's administrative, they make the decisions. No, we make the decisions. And we ought to have a role into what these RFPs say, just like we do at the CRA. And because if they had come to me and said, we want a 10-year experience, any time you have an RFP where the argument could be made that it's tailored, that only one company gets it, and it happens to be the company you've got at the moment, that doesn't look right to me. It just doesn't look right to me. And it would be like saying, we all love Treasure Coast. Okay, we all say, Dana Little leaves Treasure Coast, forms a company the next year, but we say, well, geez, Dana, you know, you don't really have any, you haven't been in business 10 years, so, you know, we're going to have to go with this other company. I'm sorry, experience does count. Companies that have five years' experience count. I think five, we've always, for heaven's sakes, this company that's managed this tennis court didn't have five years' experience when they first got the contract. They had three. So to say that you have to have 10 years' experience to come in and manage a facility when, by the way, the prior contract, the prior time they went out for bid, we only required five years' experience, and all of a sudden you do a 10 and excludes everybody except the current company? That does not sound good to me. Now, we can say, I don't know whether it's anti-competitive or not. I know when you only have one person qualified, that doesn't sound very competitive to me. And, you know, as it relates to the golf course, let's not conflate the issues. The bond company required the extended management team with who is going to manage the golf course because of the bond holders. That was a requirement that they had. So let's not say, oh, we want to make it the same because this is an apples and orange kind of a financing thing because I remember that as part of their package when they were doing the underwriting. So I think five years is, I think we're doing ourselves a disservice by not doing what we said we were going to do and listen to everybody, but then let us decide what we would like to have there as opposed to others deciding for us what we should have there. That's my opinion. Could I? I think we should go back out for a new RFP I think we should go back out for a new RFP and use a five-year experience as a level. I'm agreeing with the five-year term. I think Commissioner Marker is right on that and others. But I do think when you talk about what's in the best interest of the city, what's in the best interest of the city is hearing from more than one person. Okay, before you go on. Sure. I'll see the attorney. So can you just comment on, so the mayor is suggesting that we go in and the commission change the RFP. So if you decided to cancel the current solicitation and direct staff to issue a new solicitation, you know, you can direct us today and say, you know, obviously by consensus or vote, you know, we don't agree with 10 years' experience, lower that to five. You can dictate the terms. So, you know, at that point, I mean, the question becomes, you know, these are drafted based on, you know, the experience of your staff and their expertise. And so if, you know, what Mr. Metod's trying to say is we're trying to make all of our solicitations, at least within his department, consistent so that they're easier to manage. But that would be something that's within your preview. I support the staff recommendation, but Commissioner Casale? Yeah, just, Mayor, I apologize, but I feel like it's important to note that the city attorney, the city manager, and Mr. Metod are shaking their head no about the comment you made that the bond company was the responsible party for the change in that RFP. That was not the case. And I would say to you, while we do participate in RFPs that involve development, large development projects, I don't ever recall a time where we were sitting up here leading the RFPs for management. I wouldn't even know how that should look. And I just think we're stepping into an area of, I appreciate that people are here and they want action. I know these ladies and they're lovely, but we're policies and this is not something that we typically participate in. And I think even if you switch that to five years, just because the mayor's concerned that it's a bad look, if you switched it back to five years, you're still going to get the same scale of scoring because the same people are scoring it. They're not changing their scores based on that five years. Everybody was given the chance. The five years should have eliminated them and it should have only been one applicant if the process had worked correctly. Because the process didn't work correctly, everyone was considered. But because everyone was considered, how does the five years change it? It doesn't. It's an unfortunate situation. It looks really bad for us. We're being put in a really unfortunate situation. But at the end of the day, the same group of people are going to score this and they're going to score it the same way I would imagine. Thank you. Mr. Metak, did you have anything else? I mean, I don't, we don't know, we don't know whether the same group of applicants would be if the people are reading it and it says it's a five year as opposed to a 10 year. Number one, we don't know if there were other applicants out there because they may not have applied. All right. And I'm saying if you really don't think it looks bad, I'm sorry? I said point taken. So I'm just saying if you really don't think, if you really don't think it goes unnoticed that you did an application and the only one person qualified and that's the person you have now, then okay. All right. Thanks. We don't have to go over this. Excuse me. Mr. Metak, do you have anything else that you want to say about this? I don't think I have anything. Okay. Thank you. Do we want to call the question? Anybody want to make a motion on this? Mr. Moore, you had something you wanted to say? I yelled at this time. Thank you. Thank you. Can I get a motion to either cancel, to move forward with it? I move that we cancel the RFP and go out for a new RFP with requiring a five years experience with the management. So they'll see what kind of groups we can have to apply and whatever else the commission would like to add to the RFP. Okay. We have a motion. Is there a second? I would second that. It's been a motion and second to cancel the current RFP. Can I get a roll call? Any more discussion on this before we move forward? Roll call, please. The motion is to cancel. Correct. If you vote yes, you're voting to cancel. Voting to cancel it. Yes. Roll call, please. Deputy Vice Mayor Marker. No. Commissioner Mollica. Yes. Commissioner Cassell. No. Vice Mayor Burns. No. Mayor Carney. Yes. I make a motion to approve resolution number 107-26. Second. Roll call, please. Commissioner Mollica. Yes. Commissioner Cassell. Yes. Vice Mayor Burns. Yes. Mayor Carney. No. Deputy Vice Mayor Marker. Yes. Motion passes. Motion passes. Thank you. We are... We attest to resolution. You said you want to go home? We are... Next item on the agenda is 7A. Let's let everybody leave. Leave quietly, please. Vice Mayor. Yes. Do you want to know which ones are quasi-judicial? We don't have control for the slide. This one is? 7A, 7B. This one. That's it. 7A and 7B. Thank you. All right. We're going to give these people a couple of minutes to clear the... Okay. We are on 7A. This hearing shall be concluded, conducted in accordance with the quasi-judicial rules. The applicant and the city shall be allowed 15 minutes each to present their case. The public shall be allowed to speak for three minutes each or a maximum of six minutes if the person represents an organization or a group of people who are present but agree not to speak. The city commission staff and the applicant may be allowed to cross-examine a witness. The city or the applicant will be allowed to offer rebuttal testimony. The decision to approve or deny an application or appeal may not legally be made upon personal views as to whether a project is a good project or not. Nor may a decision be based on the numbers of citizens who support or oppose a particular project. The law requires that all decisions must be made on the basis of whether the project meets the requirements of law, the comprehensive plan, and the land development regulations. Swearing in the witness, if you are here to speak on this item... Or 7B. Yes. Or 7B. Please stand. And be sworn in. 120 Southwest, 3rd Avenue. I'll take it. I do. I do. Thank you. I apologize. I didn't read the caption. Okay. Go ahead and read the caption. Resolution number 14826, a resolution of the City Commission of the City of Delray Beach, Florida, approving a waiver to Section 443F2A of the Land Development Regulations to allow a 34.9% lot coverage, approving a waiver to Section 443F2B of the Land Development Regulations to allow a floor area ratio of 0.49, and approving a waiver to Section F2C of the Land Development Regulations to allow an upper floor area 88.6% of the first floor for the property, approved at 1401 Dale Lane, as more particularly described herein, providing for an effective date and further purposes. Thank you. Thank you. Any ex parte communication? No. No? Only if there's something on the server. No. Okay. Mayor, for this item 7A, any ex parte? No. Which one is this, 7A? Yes. No. I have no ex parte. No ex parte. Okay. Thank you. Okay. So the applicant shall present first. Can I enter the file into the record quickly? Go ahead. Okay. Anthony, if you notice Development Services, I'd like to enter file 000646-2026 into the record. Thank you. To the applicant. All right. Thank you, Commission, and happy birthday. Thank you. Thank you. Thank you for the time, but we're here to discuss about building a beautiful family home for our client in the beautiful neighborhood of Lake Ida. And I understand why we're here, right? We don't want such an area of Lake Ida to be built as a box and becomes Mac mentions like Miami Beach. We wanted to make sure it fits in with the criteria that we'll go over today, that it fits in with the neighborhood, the surrounding areas. What's existing today? Currently, we have on the property, the lot is 8,250 square feet, and we have a footprint of 2,960 square foot. As you can see, the property is built in, not that you know the date, but it's built in 1956. It's dated, and there's not much landscaping, not much going on. It's a corner lot on the beautiful neighborhood. Our intent here, oh, sorry. Our intent here is to build, and I think this is probably the most important slide of the whole presentation. So the reason that there are waivers in place and the reason we're here speaking to you, because we don't want a free-for-all. And that we understand. But to better represent what we're building, I'd like to show you this slide, right? So the blues, this is basically an overlay of the survey of the lot size with the new property and the existing property. The blue shaded area, that's the existing, the blue and the green is the existing property footprint as it stands. The newer property that we want to build, because the current home sits, well, five feet back then set back, we're going to bring the property a little bit forward so we have a little bit more room in the back. And so the new property footprint would be the yellow and the green together. The green is just the area where they overlap. In essence, due to the calculations how it's done and different municipalities are different. I mean, and we respect Del Rey's calculations. City of Surfside, Talampont Beach, they kind of do a little bit different. With that said, we still think that the mass of the building, we're going from a 2,900-square-foot property and we're reducing a little bit over 500-square-feet to a two-story building instead. And I think that by reducing the footprint and improving on the landscaping, it's definitely going to improve the neighborhood and its surrounding. There's actually a property to, like, right across the way on 14th, there's like two-story beautiful coastal and then many other properties which I'll show example that you see that are coming up in the Lake Otter area. This is just so we could understand, you know, the floor area ratio, it's probably the biggest thing that's going to be of contention. And the main reason I think that's kind of the difficult part, it's because part of the calculations of the FAR, it includes all the AC areas on the first and second floor and only half of the garage. I get it, but our garage is 100% under air. I'm sorry? Oh, okay. Mayor Carney. Mayor, you're not muted. Mute yourself. Thank you, guys. Thank you, thank you. The floor area, the math is the AC area is in half of the garage, but 100% of our garage is AC. So the reason it's .49, I think that if we were to add the reality of what's actually being built, that that number would skew a little bit different. So the garage is under air? Yes, sir. Okay. And that's the intent. Like a lot of new homes now today is just kind of like the convenience factor, right? Yeah. Technically, I think per floor, and I mean, look, I'm a builder. I know how to do this with my eyes closed, but code changes pretty often. And you don't really need a garage to have a home. With that said, you just need a parking area for two cars. But people like to use their garage for a multi-space, especially if you have a family with kids. You know, the whole purpose of this property that we want to build is to raise kids in. You know, our client and myself included, you know, I have three kids. So my wife looks at this property and says, oh, this is perfect for us because I got three kids under 11. We could have a master on the second floor, and then each kid could have a room. I don't want my six-year-old or my 10-year-old being downstairs, and I have to go downstairs. So that doesn't work. You know, I'm Brazilian, and it's very common that when our parents are elders that come live with us, well, they have a place to stay on the first floor. So, therefore, they don't have to go up and down their stairs. Like, I'll do that myself. Excuse me. Can I interrupt my apologies? Yes, of course. I don't think we got your name. My name's Leo. Oh, sorry. Leo with Luxcom Builders. Okay. And address. Huh? Oh, Leo Carnero. C-A-R-N as in Nancy. E-I-R-O. And the address. And address. The business is 4321 Georgia Ave, West Palm Beach, Florida 33405. Thank you. And pardon me. No, thank you. I'm a little nervous. It's okay. After so much partying, I kind of like, you know, now we've got to talk serious business. You're in that party mood, huh? So, on the lot coverage aspect, I understand the only reason it's minimal and I think, I don't know if there'll be much issue with it, but we could have a discussion. Part of the ground floor calculation, it's all roofed areas, covered entries and covered lanais. But there's an exclusion that it includes balconies. And when I show you the floor plan, you see we have balconies throughout, but in order for us to be here to present, we have to include it in that calculation, right? And then the second and the last item we need to discuss is the floor area. Now, floor area, I get it. I understand why we never want to do, we never want to build a box, right? We want to have some depth from the second floor to the first floor. The problem with this calculation, and fully out of respect, is that it doesn't include what we actually see. It only includes the AC area. So, the AC area and the first floor, second floor matches. I should have been on this slide. The second floor, the second floor and the first floor matches. But then, when you stand in front of the house, you still have, you know, 500 square feet of garage that's a real mass that exists, that you're going to see for the property. So, the second floor is sitting way further, like at least 20 feet, or the garage depth, I think is 20 feet. So, the fact that we have a balcony on top of the garage, not a roof, and the house sits back, I don't think you'd meet the criteria. Sorry, I don't think you'd be an issue in terms of like, hey, it's going to be an ugly box thing that you're building. Our ultimate goal here is really to build a family home with an open porch in the front that wraps around, because we want to be outside. And Lake Ida, like in that area, that's why people want to move there, right? Because they see their neighbors, they walk around. But I could understand it's a transition time, where we have a lot of older homes from the 50s, and then we have newer homes being built now. This is the floor plan. I did not know presenting that I didn't have the access to zoom in. But if you really look at the floor plan, you could see that over the garage, the first floor is on the left side, the second floor is on the right side. The script footage on up and down, it's identical in size. It's just that the area above the garage in the second floor, we have an outdoor space. We want people to be out there. On the first floor, we have a balcony also around, because we want to provide more outdoor area. The idea is to make it open as possible. On the first floor, oh, thank you so much. Oh, I have a mouse. Where's a mouse? Nice. Here we go. I'll look at it. I'll look it over here. So, this is your first floor. So, at the entry here, you have a covered porch that goes here, and then it wraps around there. It's a balcony. I mean, on the city, it says that ground coverage excludes balconies. Balconies only exist on the upper level. There's no such thing as a balcony on the first floor. So, for us, we interpret it that way, but we understand how we could have a different number on that. Where's the mouse? Here we go. On the second floor, same thing. We have our master here, and we have a balcony there. We have an open area there. But, I don't think the house, I mean, looking at it, we have an existing footprint of an older home that doesn't do justice to Lake Ida. And all we're doing, we're trying to make a beautiful family home, 500 square feet smaller. That, with more landscaping, that would, I think, would be an addition to the area. This is a site plan, so you could actually see what would the new house look like on the lot. And then, I'll leave it there for just like two more seconds, but let me go back to the first slide. If you look at the picture on the right, you could just see how you have this lot and the existing property just takes so much mass on it. When we go back to the site plan, you could see it's like, wow, and I meet, and we meet all the criteria here. We're all within the existing setbacks. We're all, yeah, we meet every single criteria here. If this happened to be a street over right outside of Lake Ida, we wouldn't have to present. Respectfully, we're here because it's part of the rules, and we want you guys' approval. I don't want to build a house just to build it out of spite. I want to build a house that the whole neighborhood would be proud to have, right, as an addition to the neighborhood. And like the vice mayor spoke earlier, the criteria for approval here is basically those items, right? You have to make a judgment on it. Does it impact, is there an adverse effect on the neighborhood? I believe the house, it isn't adversely affecting the neighborhood. There's no, the second criteria is no, it doesn't diminish public facilities. There's no unsafe conditions that exist, right? And this is not a special privilege. One of the, as of May, when I was doing the research and getting all of this, there's been 32 other waivers that's been granted in some sort in the last two years. Now, in Lake Ida, in the Lake Ida overlay district. So we just, we're thinking and we're just, I don't, that's why we're here, right? It's not, I think we meet all these criteria in order for the town to make that judgment. Just some context, kind of, I've been kind of speaking about this. This is kind of like a neighborhood analysis. This is some properties that we've identified. Look, it's a lot of work for me to get public, what you call it, public access of information. I could pull all the plans and require the city to do that. I don't need to do it for 32 different properties. But as you can see, we're asking for a .49 and you see .44 was given. 1408 Pine Lane is down the street. Actually, all these properties are within the surrounding area of 1401 Dale Lane. As you see here, there's some pictures. And that's not much different than what our house will look like. So the houses in the neighborhood already kind of looks like this. I think we're just going to be in addition to it. You can see, sorry, I'm just a little far away, right? So, and I'm in my 40s now, so my vision is beginning to change. So, 508 Northwest 14th Street, a beautiful house. That was a variance was great to that. 101 Northwest 17th, same idea. You see the garage in the front and then the second floor kind of sits back. On 1408 Pine Lane, you see the outside balcony on it. We're not doing anything different there except that we're going to have a wraparound porch. 1407 Lake, it's a unique property, but that got through also. What I've just, you know, overall I want the commission to find is that, you know, we meet all the standards of building in Delray. It's just we're here because we're in Lake Ida and we want to make sure we build something beautiful that goes along with that neighborhood, right? Now, coincidentally, I, it's my first time presenting in Delray and it's my fault, ignorance. I was told that I needed to have a presentation ready and it was doing the Rosh Hashanah and Yom Kippur and the Jewish holidays. So, our designer, she's really religious and I couldn't get like the right rendering. So, but that's kind of, the color is the same, the roof color is the same, the idea is to have a porch and have it open. It's not, you know, that's why it's a concept drawing that we try to put together for the presentation. But I just don't think this is such a obscene thing that would not fit in the Lake Ida. So, I ask that, you know, for honest comments from the neighbors because we do want to work with you and make it better. And we also ask for the consideration of the council to vote on approving this project. And thank you for your time. Thank you. Thank you guys. If I can just introduce myself, my name is Aaron Fishman, Leo's partner. And I, first of all, Leo, you did a great presentation. Thank you. No, no worries. You don't have nothing to be nervous about. Vice Mayor, happy birthday. I know you heard it 700 times today, but I'm going to say it for the last time or maybe one more time after that. Thank you. I just want to say one thing about this specific house. Yes, that is an AI rendering and I am Jewish and our company has been closed so many times over the past three weeks. Because of the holidays. So, unfortunately, our designer and designing team had not had the chance to make the proper renderings for the presentation. But I will say one thing. This house was designed specifically for families. There's a wraparound porch. The entire house was shifted to the corner. It wraps around the entire corner. So, you have almost like a full C that wraps around the house. We're also keeping the original tree. There's a... A sea grave right there on the corner. That's staying. Okay. Excuse me, Vice Mayor. Sorry. So, I think at this point we're going outside the scope of your purview this evening. You're only considering two waivers this evening. So, I... Oh, three. Yeah. So, I appreciate what you're saying, but it's not relevant. Okay. So, I would ask the commission to disregard what was just stated. Okay. Thank you. So, let's move on to staff and try to... I'm sorry. Do I sit? Do I... You... I'm going to present and then you have a chance to come back up. I understand. Okay. So, hopefully this is loaded because we're going to do arithmetic. So, the Lake Ida Neighborhood Overlay in 2008 adopted a set of guidelines that guide and fill redevelopment within that neighborhood in an effort to ensure compatibility and protect the neighborhood character through measurable criteria. So, this is the property. You've gotten a good overview of the location. And so, you are being asked to grant three waivers, one to lot coverage, one to floor aeration, one to the sides of the second floor. This is the existing house. It is 2,900 square feet. It's a four bedroom, three bath house. This is the proposed house. It's five bedrooms, four and a half feet. It's 3,824 square feet of living space and a 492 square foot garage. Whether it's air conditioned or not, that's where the cars go. So, this is the surrounding area. And you can see that it's a very diverse neighborhood. So, the Lake Ida regulations work together in an effort to regulate scale and mass, right? So, they all kind of build on each other. You have lot coverage, which is how much of the ground can be covered ultimately by roof structures. So, that even applies that if you wanted to bring in a gazebo or a shed or something else later. They're trying to figure out how much of the lot is covered by structures. Floor area ratio is sort of how overall large the house is. However, that is distributed. And then, the third regulation talks about how that's distributed. If it's going to be a two story, then the second floor is to be diminutive. It's sort of to force architectural articulation, things like that. The lot coverage for a one story house is allowed to be greater than the lot coverage for a two story house. So, that's that. So, lot coverage is defined. How much can be covered by structure. Now, pool is a structure, but we don't count a pool. You know, it's on the ground. You're not seeing it. I promise they're calculating stormwater in other ways. But, so ultimately, what you have here is the entire first floor that's roofed. The entire garage is covering the lot. There's a front porch and then this is a rear porch or it's a balcony, but it goes over. So, the total is 2,880 square feet. Okay. The code is saying that it has to be 30% because it's two stories. So, they are asking for a waiver to have 405 square feet more than what the code allows, which takes them to 34.9%. So, for a lot coverage, we've done this before, we can go over that in a minute. It includes what's covered, but some of that isn't really counted towards the FAR of the building because it's open air, right? So, floor area ratio. This is the definition for single family, the enclosed space of the principal structure. It's easy to say the AC space because it's all AC now, right? Exclusive of anything that's terraces. So, as you know, they're going to walk out on top of the roof of the garage. That's great. Doesn't have anything to do the floor area ratio. And then 50% of the garage. So, half the garage counts towards that, whether it's AC or not. So, ultimately, in practice, there's been a couple competing things in the code. We do everything that's interior, half the garage, and we don't count those architectural elements that make houses interesting, the porches and things like that, right? So, again, that counts for lot coverage, but not for FAR. So, when we look at what they have on their proposal, both the first floor and the second floor are 1,912 square feet. Half of the garage is 246. We gave them the discount. Whether they put climate control in there or not, it's still a garage, so we're not going to, you know, do that. But, ultimately, because it's asking for 1,253 square feet more than what the Lake Ida FAR limits the property to. So, instead of a 0.35, it's a 0.49. Okay. Waiver for the second floor. So, the second floor is allowed. The maximum allowed is to be 75% of whatever the floor area of the first floor is. So, again, we do the math and they're asking for under 300 square feet to have the second floor be sort of the same mass as the first floor with the exception of the garage, which is an open terrace. And it results in an 88.6% second floor instead of 75%. But these regulations build on each other. So, when you are granting a larger first floor, you're, in essence, granting a larger second floor, right? So, it just starts growing the houses a little bit bigger. That's something to consider. You know, again, Lake Ida, this was citizen-driven back in 2008. So, the criteria that you have to use to make a decision, there's not, it's still a single-family house. So, there isn't really an impact on public facilities that you have to supply to this family. So, B doesn't really apply. You're going to get a new house, built a Florida building code. So, C doesn't really apply. So, you're really looking at A and D to decide. Now, we all know that I was here a few months ago with buildings that went through permitting that were too big and we did not discover them until after the fact. And under that special circumstance, some of those waivers were granted. This building is a drawing and nothing has been built yet. And I would just raise the concern that everybody wants to build a house for their family. And if that's, if you think that the provisions of the code are too restrictive, they need to be loosened for everyone, not just for this one case. So, I'm here if you have any questions on how this is calculated. Thank you. Now, we'll open up for public comment. Are there any members from the public wishing to speak on this item? Aye. Jen Davis, 33444. I think I have to give you a full address for this one. 502 Northwest 14th Street. So, this 1401 is just opposite our house on the right, the barrel tile. Listening to Leo speak, I was almost sold on that. I'm like, yeah, that's great. You know, it's only a couple of points more. It's, you know, the percentage is only a smidge higher. That's great. I mean, you were selling me. And yes, it's going to be a beautiful house. But then, I'm sorry. And then listening to you, you made a brilliant point that once you allow a larger bottom, then the second floor is larger. And it just does not work. You know, once you say yes, and you've said yes before, it's just too large of a footprint. You mentioned 1,000 extra square feet. When you think of it that way, it's too big of a house. Almost 90% of the second floor, 88.6%, 90% of the first floor. That's a box. That's it. All right. Thank you. That's it. Thank you. Are there any other members of the public wishing to speak on this? Oh, yes. Andrea Sherman, 222 Northwest 15th Street. Can you? Oh, sorry. Please. Thank you. Andrea Sherman, 222 Northwest 15th Street. In 2008, I was part of that Lake Eider overlay guideline. And there was a reason why we did that then. And this is just so counterintuitive to so much time we spent on that in 2008. And I know this lot. I know this house. And this is going to be a massive piece of property on a very small lot. All the discussion and that's, I mean, basically that's all I can say. I mean, it's all been presented and it's, you know, the case is there that it's just, to me, it's just going to be a large house for a very small lot. Thank you. Anyone else for public comment? Okay. Seeing none, public comment close. For a rebuttal. Yeah. First of all, thank you to the neighbors who have expressed concern of the house. We, we, in essence, I'm sorry. What is your name? So how could I address your word? Anthea Geniotis. It's not an easy one. Sorry. So we presented the same data. So it just, do you understand it's perception, right? So the data here is percentage points as you want it. But then when you put in a square footage, it's like, wow. I felt that the house was too big for a second. No, but realistically though, let's look at the facts. The whole reason that this was brought up, it was to reduce the mass. When you look at the building as it's going to be built. And a 2D rendering doesn't do it justice because it's just, it's 2D. It's, you can't see perception depth on that. But when you're out there and you see the garage here, this is the front of the garage and this is the front of the road. And then I have 20 feet back to where my second floor starts. How, how is that a box? I mean, respectfully, I disagree. But, and then those pictures are, they're beautiful homes. I think rightfully so. It is a mixture of architecture in that area. In the same way, we have five pictures shown of homes that are there. I've shown four pictures that are more similar to the house that we're trying to build. And since there's been 32 other waivers there, I could probably go find all of them and bring all 30 pictures. And then therefore, now we're comparing pictures. So, anything we're asking is not any different that it's been there. And, and I appreciate we have this opportunity to have this discussion in order to make the right call. And I do ask that the, that the council really considers for approval for this home for our client. Thank you for your time. Thank you. Vice Mayor, can I just say something? Yes. And I just want to remind everybody that each waiver, each variance that you grant, they always stand on their own. So, I know he keeps mentioning these 32 other waivers. He still has to establish that criteria, and if you want to put that back up, that Anthea presented in order to justify why you should approve it. So, what we did on other properties is, is really irrelevant today. And it's really, has he satisfied all this criteria before you? And just, if I could add a point of clarification. When we discovered the ones that you had to take action on, I think it was right before the holidays last year. Right. But there were several that were too big. We audited a significant number. But we didn't find, you didn't, there wasn't 32. I was going to say. That were brought forward. I think there's four or five. They might have each had one or two, depending on what we discovered with the mistakes. So, we audited multiple properties, but I don't think you granted 32. Could I? Okay. Not at this. Not at this. No. Okay. Discussion by the commission. Mayor Carney. Put it, turn him back on. He's on mute. That's late there. He's tired. Oh, hold on. You have me turn it off. I'm sorry. What? When you said it before, I turned it off. Now I've been talking at it and you're not hearing me. Comments on this. My comments are as follows. So, this is a property, first of all, overlays have, overlays mean something to me. Okay. And there, and this is not a property which, as Theo correctly pointed out, that had self-inflicted wounds earlier. This is something that's brand new. And when, there's nothing special about this piece of property that would say to me, you know, it's either the shape or everything that would say to me that we need to have these kinds of, that this waiver would be appropriate. All right? So, I'm starting with that premise. Number two, the applicant, you know, showed us all these houses out there. Were these houses, did we do an analysis of those houses to see whether or not those exceeded the FAR? Just because they look good. I mean, there was, I don't know whether those houses exceeded the FAR as we, as we, as we proposed it. So, I mean, my, my, my view here is, look, as I said, there's nothing special here about this piece of land that would require them to go outside of the, of the overlay guidelines. I mean, I know, I agree with them. It looks beautiful. That's really, it's not the point. I can, I still think they can make it beautiful. So, that's, that's my opinion. Thank you. I'll turn my mic back off now. What? Thank you. Thank you. Commissioner Molliker. Thank you. I would not be in favor of approving the waivers. Well, I agree it is a beautiful home and I apologize that it just doesn't fit within the overlay of this area. Okay. Commissioner Cazell. Yes, I'm sorry. I'm leaning in that direction as well because it does, when we create these overlays, we get a lot of community input as we move them forward. Now, it begs the question, going forward, since this was 08, do we need to go back out to the neighborhood and revisit? But the people that have spoken here this evening are asking us to just enforce our regulations and I think we should probably do that. Thank you. Commissioner Molliker. I think the overlays are in place for a reason to guide our growth. And I think if we want to go back at some point and revisit the guidelines, I'm okay with that. But as goes this one, I'm sorry. It's outside of the guidelines. Thank you. And I agree with my colleagues. I think that this neighborhood came up with those overlays for a reason to keep their neighborhood a certain way and we need to respect that. And I think it will have an effect on neighboring area and that if we grant this, it would be a special privilege. So, are we ready to make a motion? I will make a motion to deny resolution number 148-26. Second. Can I get a second? Second. Call the roll, please. Commissioner Casale. Yes. Vice Mayor Burns. Vice Mayor Burns. Yes. Mayor Carney. Yes. Deputy Vice Mayor Markert. Yes. Commissioner Molliker. Yes. Motion carries. Thank you. 7B. The gentleman is asking, could he ask a question? Not right now. No. They're in the middle of a proceeding. You can reach out to Ms. Giannotis probably tomorrow. Resolution number 155-26, a resolution of the City Commission of the City of Delivery Beach, Florida, approving a Level 2 State Plan, Architectural Elevations, Landscape Plan, approving a waiver to Section 416-H6 of the Land Development Regulations to reduce the number of required street trees from 5 to 4, and to allow the trees to be located on individual laws for the project located at 120 Southwest 3rd Avenue, as more particularly described herein, providing a conflict clause and a severability clause, providing an effective date and further purposes. Thank you. You've been sworn in? Yes, I have. Yes. Okay. Any ex parte communication? Yes. I spoke with Jordana. Yes. I spoke with Jordana. Yes. I spoke with Ms. Jordana, and I also spoke with staff as well. Okay. And so did I. I spoke with Ms. Jordana. And Mayor? I spoke with Ms. Jordana. Okay. Thank you. Before she gets started, I'd like to turn the file into the record. Yes, please. So I'd like to enter file 2025-116, which is a Level 2 Site Plan. Okay. You're tremendous. Okay. Go ahead, Ms. Jordana. Good evening and happy birthday. Thank you. Tara. I'm here with Government Law Group, and I'm here on behalf of the applicant at VF Realty. Mike Covelli is the planner on this, and both the ownership and Mike are here to answer any questions that you might have. Again, we're seeking a Site Plan Level 2 for five townhomes on Southwest 3rd Avenue. It's also a landscape waiver for the Street Trees location. It was approved unanimously before SPRAB. And just before I go into the specifics of the project, I want to emphasize several things. We meet 23 goals and objectives and policies of the Comprehensive Plan. With the exception of the location of the Street Trees, we meet or exceed all of the LDR requirements for the RM zoning. We meet the required findings for LDR Section 3.1.1 for Site Plan approval. We meet all applicable performance standards for our requested density. We meet the criteria for architectural consistency. And again, apart from the Street Trees requirement, we meet all of the landscaping requirements or exceed. And we meet the criteria for granting of a waiver for the Street Trees location. So in terms of location, it's just three blocks west of Swinton, two blocks south of Atlantic Avenue, just south of the police station and the courthouse. It's mid-block on Southwest 3rd between 1st Street and 2nd Street. You can see it in the highlighted area. It's about half an acre. It's RM zoning and it's a vacant parcel. The most adjacent zoning districts outside of the RM zoning are CF and CBD. It's located in the West Atlantic Southwest neighborhood. We've been asking for redevelopment of this area for decades, dating back even prior to the Southwest Neighborhood Redevelopment Plan in 2003. Again, more lies in the West Atlantic Redevelopment Plan and in the 2020 Comprehensive Plan. There's multiple vacant properties in this area. And as the speaker in the workshop talked about, vacant properties equals a deficit for the city. This area has been asking for redevelopment for some time. And these property owners are seeking to do a significant investment in this area. This is the lot. This is the view to the east, which is the courthouse parking lot. Viewing to the northeast, more parking lot. Directly adjacent to the north. Directly adjacent to the south. Again, to the south. This is the properties to the west on the other side of the unimproved alley. This is the alley to the rear, which is unaccessible. It's not paved. It's not to code. It's not usable. This is a rendering from the front on Southwest Third. This is a close-up of the architecture and the relocated street trees. Another close-up that shows the live oaks, the two live oaks on the south end of the property. And there's two live oaks on the north end with palm clusters in the middle. This is the rear. This is a rendering of the rear, and you'll see almost two backyards. And if there's questions towards the end, I'm happy to answer. But the reason why there's basically two backyards is because there is a required well-filled area, which is the first parcel adjacent to the alley. And then there's the backyards of each individual townhomes. Now, why is that important? The well-field is roughly 4,000 square feet. It contributes to the open space, and you cannot develop it. It's not buildable. You can't have anything of no structures on it. This is a close-up, and this is the area that's adjacent the backyards for the individual townhomes. That's another view of the well-filled area that's roughly 4,000 square feet. So for site plan approval, normally this would be going through staff because it's five units or less. But the findings for site plan approval is 3.1.1, land use map, concurrency, consistency, and compliance with the LDRs. I'm sure you all have read the staff report. I won't repeat it, but basically we meet all of the concurrency findings, and we obviously comply with land use and zoning. In terms of consistency, I mentioned earlier that we meet at least 23 goals, policies, and objectives of the comprehensive plan. Per your staff report, overall, the proposed development advances the city's long-term objectives for infill residential development and neighborhood reinvestment while maintaining the diverse and distinctive character of the southwest neighborhood. In terms of compliance with the LDRs, we meet or exceed all of the LDRs except for the location of the street trees. Some I want to point out, the height, the maximum height is 35 feet. We're at just under 24 feet. It's a two-story townhome, a typology and a type of housing that's lacking in that area. Density. It was mentioned when this item was pulled for appeal that we're at the maximum density. The maximum density for this RM zoning is 12 units per acre as well as 24 if you're going for workforce. We're at 10.71 units per acre, which is five units. Open space, we're double the required open space at 51.1%. And FAR, we're under the maximum FAR. When you're seeking, there's a base density in the RM zoning district of six, but you're allowed to go up to 12 and then again 24 if you're doing the workforce housing. When you're seeking to go above the base density, it gets elevated to SPRAB where we got the approval from. And the board is supposed to look at whether or not we meet the performance standards. For infill development, small residential development, the code recognizes that not all are applicable. Most of them are meant for larger scale multifamily projects. So you'll have a parking garage, you'll have interior drives, connectivity. That's not the case here because it's a much smaller project. These are the required findings for the performance standards. And I go through each one and your staff report goes through each one that are applicable. And we meet the ones that are applicable. In terms of density, again, it was raised that we were seeking the maximum. As I said, we're seeking 10.71. These are all of the recent projects, including one last week, that were approved by SPRAB in the RM zoning district. You can see the density that was approved. We are all well within the range. The one that was approved by SPRAB and not pulled last week is just under 11.9 units per acre, seven units. So, again, we're not seeking the maximum density. I think this is a minor development, a much-needed investment, and nothing out of the ordinary for the RM zoning district. Architecture. These are, again, quotes from your staff report. We meet the consistency. Your staff has very nice things to say about the architecture. I think it's a beautifully designed project. A lot of thought was put into in terms of the architectural style and the consistency with the neighborhood and the harmony with the residential character and appropriateness for the infill redevelopment. Staff says it enhances rather than detracts from the character and attractiveness of the area. The final thing for site plan approval is your landscape plan. We are required to have 17 trees. We provide 25 trees plus two plum clusters. Overall, the landscape design improves the existing condition by adding trees, foundation planting, and perimeter landscaping. Again, this is pulled from your staff report. Why do we need a waiver? This happens often when you have infill development with our existing street system. One code requirement says street trees must be placed within every 40 linear feet of street frontage with a minimum of one tree per property. Another code section says trees shall not be planted within 10 feet of any underground utilities. You cannot meet both in this case. The existing utilities, so it's not possible. As recognized in your staff report, the prescribed tree planting is constrained by an existing 8-inch sewer line. Trees are required to maintain a minimum 10-foot separation from underground utilities. You had a workshop a few weeks ago about ways to improve the development process. To me, this street tree waiver is one of those. You cannot put street trees where there's utilities, so it shouldn't require a public hearing. This is something that you guys could have staff handle because it's going to be approved at the public hearing because no one's going to make you dig up the sewer lines and impact the facilities of the neighborhood. The arrows point to the yellow line, shows the existing sewer line, and it shows the location of where the street trees should be. Obviously, there's a conflict. This is just from a frontage view. This shows, the circles show where we would like to move the trees. There's six along the frontage. Of course, they can't be called street trees because they're lining, they're not lining the street. They're pushed back. But there's two live oaks on the north side, two live oaks on the south side, and two palm clusters in the center. The code findings for a waiver, you just heard it in the last presentation, so I won't repeat it, but shall not adversely affect the neighboring area. If we were to put the street trees in conflict with the utilities, we would adversely affect the neighboring area. Shall not diminish the provision of public facilities. Again, if the street trees were put where they are supposed to be located, they would conflict with the root ball and disrupt the sewage system. Shall not create an unsafe situation. Again, planting the street trees in the required location would create an unsafe situation and would be contrary to another code requirement. And finally, does not result in the granting of a special privilege. As I said, as I mentioned, this occurs throughout the city. I'm going to put up a slide on the next slide that talks about all the street tree waivers, including one that was not pulled last week that was approved by SCRAB as well. Your staff says the proposed design provides substantial canopy coverage, landscaping, and visual enhancement along the southwest 3rd Avenue frontage. The proposed trees provide visual definition along the street frontage while avoiding conflicts with the existing sanitary sewer infrastructure. And this shows the landscape waivers for street trees that have been approved by SCRAB. And with that, I'm happy to answer any questions that you guys have. Thank you. Sarah. Okay. So, first of all, while lots of density is granted and lots of waivers are granted, it's case by case. Every individual property stands on its own, so it doesn't really matter unless it's been the exact same constraints on the exact same property and the exact same circulation and all those things. So, I think our boards, including the commission, weigh each one on their own. So, this is a level two. It's to build five two-story, these simple townhomes with a waiver, I think that's been fairly clearly explained, to reduce both the number of street trees that would have been required and then the location, because once they were taken to a different location, it didn't add up to the same number that would have been required. The way that the RM district works is there is a base density of six units to the acre. If you want to go higher, you have to meet, substantially meet, I think is the phrase, LDR section 4.3.3 BB. SCRAB did vote on four to zero, so it was unanimous for the members that were there, but there was not a full board for the record. This is a subject property. I think you had a good overview of that. And there's a lot of mix of units around. I thought I hit some of these just to go faster. It is in a well zone, in a well field zone, which is different. I don't know how many of those you've seen, but that's going to require additional drainage and things like that. Ultimately, because the applicant has decided to build five townhomes instead of a different typology, the streetscape situation with where the trees could be done in, say, a front yard is actually a little bit further constrained. And so they're being planted in these five foot landscape buffers between the driveways. So, you know, the staff report also notes that there's a vehicular pedestrian conflict created in each one of those driveways, which is something to note. So again, the street trees cannot go in the public right of way. They absolutely cannot go there. If it's too close to the sewer line, that's clear. So they are being shifted into these landscape strips between the driveways. That's, and then I think that's everything. There's different trees, live oak, yellow trumpets, sables, things like that. The other, so the other issue about the well field and the alley is that typically you're seeing townhomes that are rear loaded, right? Which sort of takes the cars into the back. There isn't much of a yard then when that happens. And, but you don't have the pedestrian vehicular conflict point over the sidewalk. And the neighborhood has a lot of that now. I mean, that's absolutely true. It's not a pattern we want to keep reproducing if we can avoid it. But again, the unique sort of situation here is the alley's there by a right of way, but it is not improved. It's not scheduled to be improved. This isn't a corner. So they're, you know, they have to go past other people's property to do it if they were going to try to do it. And then the well field makes that another layer of complication. So ultimately, I think, I'm trying to see. So right, there's dry retention. I'm sorry, it weirdly went to something I would have considered my last slide. So that threw me for a minute. You have to find, there's a lot of good things the project does. It's bringing in a new type into that neighborhood that hasn't, isn't on that street. It's mostly duplex and single family. But again, when you look at 43BB, it's supposed to be a mix of unit types. And it's specifically called out that it should be a mix of three and four bedroom for single family attached and detached. This is all three bedroom. And again, there's, you know, the standards for site plan, all of the things that talk about whether or not you, you are, you know, meeting the vision and the intent. So try to find that on here. So many words. Oh, my goodness. I do think if you looked at the townhouse as diversifying the housing stock in the area as opposed to just on the street, that is a way for a very small infill development like this to be considered meeting the intent of the code. So ultimately, I think the decision is to go from six units to the acre, which would be a freestanding single family house that might have a bigger yard. And there'd be a little bit more gap between the driveways is one thing. But we just had a tax workshop, too. And so five is better than three. Right. And so, you know, I think it's a balance of whether this infill and this location, which is constrained, is a reasonable development. There is another provision of the code that says that small infill development can be exempt from some of the standards. This is not maximizing it. So you're at 10.7. It's not higher, although then you would have gotten workforce housing. It's only two stories in height, which my feeling is that or my thoughts are that the neighborhood would appreciate the two story as opposed to bringing in a three story that we see frequently with townhomes. So these are the balances just to consider moving forward with that. Okay. Thank you. Public comment. Open for public comment. Anyone wishing to? Hi. Hi, Ms. Young. Happy birthday to you. My name is Carolyn Young. I'll give you my address. It's 15112 Tall Oak Avenue, Delray Beach 33446. I am a property owner at 132 to 142 Southwest 3rd Avenue. When I got your notice of this meeting, my first concern was that of density. And I couldn't imagine how five townhomes could be put on that lot that I know very well. But after looking at the rendering that I see, you know, I'm not necessarily objecting because it would be an improvement to the area. However, there is no, there are no two story units on that street, not between 1st and 2nd Street, Southwest 2nd Street. But it's not necessarily that I'm objecting to it. I just wanted to make certain that the density wasn't so great that it would be a negative for the neighborhood. It's a low impact area where there's not a whole lot of traffic that's in there other than city trucks passing through or the people that live there. Otherwise, I guess I would not have any objection. I would be in favor of it. Thank you. Any other persons for public comment? Public comment close. Rebuttal? I appreciate the support. I just want to mention since she raised traffic that the traffic concurrency bound by the county as well as the engineers report that there's a de minimis impact on trips to the area. Can you pull up my presentation? I don't know who's pulling it up. So I just wanted to talk about since it was raised, you know, by Anthea as well as in the staff report about the front loading parking. Yes, street facing garages and parking is discouraged. Parking shall only be allowed in the front yard if there is no dedicated access to the side or rear of the property. That's what the code says. Here you have an unimproved alley. It's a substandard right of way, and it lacks a stabilized base capable of supporting vehicular traffic. More importantly, it's situated in well-filled zone 2, which is required and is unbuildable. So there's no feasible way for a driveway and a garage to be accessible through this well-filled area. To suggest that rather than because of the well-filled and we're constricted because there's no alley and there's a well-filled, to suggest that this property owner should construct a single-family home in lieu of the allowable density under the code, I think is a reach. To impose that on somebody's property rights when the code allows to go up to 24 units an acre, up to 12 units an acre. And it specifically says if it's not accessible, if there's no dedicated access to the side of the property, then of course you could do front loaded. The entire street is front loaded. It's a mix of uses with the police station and the courthouse there. And I just think that to ask the property owner and to have delayed him this long because he's seeking unallowable density that's not even the maximum density because of this existing well-filled protection area, I just think that's something that is a poor precedent to set in insisting on that both at the staff level and then going forward at the public hearing level. So we respectfully disagree. I mean, there could be more density in a different typology that had a single vehicular access point and a larger front yard that, I mean, I'm not saying it has to be single family. You could even do more density, bring workforce housing to the table and access it differently. The only solutions are not just townhouse, just single family. This is a pretty flexible site. It's constrained. You've seen what the applicant wants to build. I think you can weigh the difference between, you know, multiple units in a different, you know, pattern, fewer units in a different pattern with a little more room for trees set around the front yard or determine that the proposal in front of you is an acceptable pattern of infill for this part of the city and approve it. Thank you. Thank you. Thank you. To the commission. Commissioner Cassell. Yeah. And I pulled this. So because, right, and the woman left and I'm glad she came and said that she supported the project because that is important. But if you drive in there, there really aren't two stories. There's not anything like this. And it's, you know, there are issues, lots of issues in the staff report that it references, the front loading parking, the vehicular pedestrian cuts, the trees, the, and the ideas. It does have, it could be other things, right? We could say no. And the person, the applicant could come back with three units, larger yards, more trees. At the end of the day, the one thing that we did learn today from that presentation is more units works better. But we do, and so forgive me for pulling it, but what we constantly hear from residents every single day is there's too much development, too much. So when I pull a project like this, and I did miss the one last week, and it wasn't, you were not pulled selectively. I try and look at these because I'm trying to factor in what the residents are telling me and what they want. Residents want less. And so if you look at this project and you say, it's a beautiful project, but if we were giving the residents what they wanted, we'd probably be asking for less units, more green space, and more trees. And that's the reality of it. So when you're asking why I'm pulling it, that's why. Because I want the presentation, I want the residents to see, I want the neighbors to come in and say they don't object. Because that helps me making a decision. And that's my comment. Thank you. Mayor? I will say the following. First of all, I do agree that we had that presentation earlier, which you can hear me, right? Yes. I'm not talking to myself. Okay. Like I did before. Okay. It's going to add a lot of value to this neighborhood. And let me tell you, yes, I'll acknowledge that there isn't this kind of project in this neighborhood, and I want to add one word to the end of it. Yet. This is across the street from the back parking lot of the building there. So it faces onto a parking lot. Like I said in the other, there are features to this land which do make it different, which do warrant, for example, having to deal with front, having to make deliveries in the front to the back. The staff has acknowledged that there's no real intent in the near future to try to develop this alleyway anyway. And with the well field there, I'm not sure it would add any ability for them to make the deliveries in the back. And let's face it, this is going to add a lot of value to this neighborhood and could start a development trend in this neighborhood, a neighborhood which we have been trying to get developed. So I like this project. I understand the issues that they raised. And, yeah, they could do something different there, but the whole point is we're trying to maximize what we can do there and to create real value there and create real value for the neighborhood. And I am going to be supporting it. Okay. Thank you. Commissioner Walker. I looked at this as well and drove the area. And I think this is a good project. I like the project. I think there are some constraints that have been overcome with, you know, where the utility lines are and moving the trees and all. But I'm in favor of this. Okay. Commissioner Mulliker. Thank you. I'm in favor of the project. I have no problem with the waiver. Okay. Thank you. And I think this is a great project. I think the neighbors in this neighborhood would really appreciate having this here. I think it will do wonders for the neighborhood. So I'm in favor as well. Can I get a motion on this, please? So moved. Do you want me to make a motion to approve resolution 164-26? Okay. I'll second that. Okay. I have a first and second. I'm on the wrong one. Call the roll. That's not the correct resolution. I'm sorry. I turned my page already. Yeah. I'm just going to make a motion to approve resolution 155-26. And I'll second that one. Okay. Are you double checking it? Make sure. It's good. Okay. Thank you. I guarantee it. Roll call, please. Vice Mayor Burns. Yes. Mayor Kearney. Yes. Commissioner Markert. Commissioner Mollico. Yes. Commissioner Cthulhu. Yes. Thank you for the presentation. Thank you. Okay. Moving right along. Thank you. Thank you, Jordan. Okay. Item 7C. 1-6-4-2-6. I'm on. Good evening, Mayor, Commissioners. I almost stepped out the door because Commissioner Mollico is about to approve my item. So before you is a resolution to approve the Sam Camp Economic Development Manager here for the city. Tonight before you is a resolution to approve the inventory list of city-owned property appropriate for use as affordable housing. We're going to run through a brief presentation to give you some visual context for the list and then how staff kind of whittled down the available property. I won't read the whole resolution, but towards the bottom to do the analysis to find parcels suitable for development, staff eliminated those that were undersized or oddly configured, parcels that would be normally rights-of-way or were not recorded as portions of alleyways or medians, those underwater, those lots currently leased to non-profits such as the Boys and Girls Club, as well as those that we use as parks, golf courses, our admin buildings, fire stations, lift stations, detention, retention areas, and parking lots. So with that, we have a list of 20 properties, 13 owned by the city and then 7 owned by the CRA. The statute requires that the list include properties owned by the city as well as any dependent special districts. There were no properties owned by the Housing Authority or by the Downtown Development Authority that were suitable for development based on that criteria. So we're just going to kind of breeze through these 20 properties. For additional context, there are, for most of these properties, one reason or another why they haven't been developed either by us or sold currently off. So each of them has some context towards the bottom of the slide to give you that additional reasoning. So here we have parcels one and two, the first one being on Southbridge Road. There's currently no access to, really to parcels one or two that are accessible. Parcel number three on crosswinds, at one point that was intended to have some use for utilities. I think we're still holding it on for some future use. Northwest 2nd Avenue, we currently use it across the street from us right here. We currently use it for some minimal parking and storage for miscellaneous uses. Five through seven through eight, they all front an unimproved alleyway. So it would require some kind of waiver to get access or are potentially in someone's backyard essentially. Six, seven, eight. Numbers nine through 12, these are mostly vacant. They're currently zoned for community facilities, so they would require some kind of rezoning. One of these is currently the Neighborhood Resource Center. I believe that's number 10. Number 11, the image is a little old. Number 11 used to be one of our other facilities, the community land trust facility. That's now a vacant lot. And then number 12 is just a vacant parking lot that would require rezoning and then redevelopment of the asphalt. Numbers 13 through 19, the ones that we're about to go through, these are the CRA-owned properties. Most of these are either under active redevelopment or the CRA is in the process through RFP or otherwise determining the best use of that. So they're included, but most of them have some kind of active process to be redeveloped. So 106 Northwest, 111 Northwest 11th. They're looking to split that lot into two. The Ida, the Roosevelt Avenue, they purchased that from the church. This one, currently a development RFP is being put together. These two, also a development RFP is being put together by the CRA. Number 19, this one I think has, it's in the RM district compared to some of the other neighbors up and down the block is just residential RM1 or residential one. So they are considering higher use opportunities than just single family housing. And then this last parcel, number 20 is city owned. Back to being city owned. It is a little oddly configured. You can see to the west, it abuts 95. And most of the, you know, if it were to comply with setbacks, you would really only be able to use the front, you know, maybe third of it. And then the rest of it would just be a very odd long backyard. The statute that kind of requires the creation of the list does also towards the end provide some additional recommendations. So municipalities for this list for these properties are encouraged to adopt best practices, including but not limited to establishing eligibility criteria for the receipt or purchase of the property by developers, making the process for requesting the lands publicly available and ensuring the long-term affordability through ground leases, right of first refusal, and or requiring reversion of property if it ends up not being developed. And there we have it. Okay, thank you. Any questions from the commission? Comments? No. Can we get a motion? So moved. Second. All in favor? Aye. Okay. Great presentation. Good. Good job, guys. I know. And you crushed it. Love it. Okay. That makes me feel good. On to item 7D, resolution number 119-25. A resolution of the City Commission of the City of Delray Beach, Florida, redesignating portions of Catherine Drive within the Lucia Delray neighborhood to Jade Accord, Tali, Trace, and Emmeline, as more particularly described herein, and providing for an effective date and for other purposes. I know this is not the latest because I renumbered it. So. Okay. Well, we'll go with it because we're not making a recommendation to you. You guys are actually making the decision. So. Okay. Can I just say one thing, Anthea? Yeah. I have delivered, you know, with the Kiwanis, we deliver turkeys inside this development. Yes. And let me tell you, trying to figure out your way around what Catherine Drive is in this neighborhood is challenging. And I'm being kind. So. Do we need a presentation? Can we just vote on this? So, let me just put a couple things on the record. The first thing to tell you is just that this is neighborhood driven as well. It's been brought to you as a city initiated because there has been so much confusion with public safety. But we did have the representative from the neighborhood here. We sent her away with two cupcakes because she waited so long and she had her 15 year old daughter with her. So I told her that I was pretty confident you would be able to understand the need for the adjustments. Yeah. We have worked in concert with them. They are the ones that chose the new names and we did vet them to make sure that they met the naming criteria in the book. And that is all I will add. Okay. Motion to approve resolution number 119-26. Second. Thank you. All in favor? Aye. Mayor? Aye. I'm going to vote aye and say that the Elks thank you. Okay. Thank you. Okay. Moving right on. We are on 7E. Resolution number 160-96, a resolution of the City Commission of the City of Delray Beach, Florida, amending its budget for the fiscal year beginning October 1, 2020-26, by providing for supplemental appropriations in the amounts identified at Exhibit A of repealing all resolutions inconsistent herewith, providing an effective date and for the purposes. Thank you. You're on again. I'll request Ms. Carmen to start this meeting. Good evening, Mayor, Vice Mayor, Commissioner, City Manager, City Attorney, and City Clerk. Before you is resolution 160-26 proposing amendments to the City's fiscal year 2026-27 adopted budget. This amendment includes two main adjustments. The first recognizes approximately, let me give you the exact amount, $201,670.41 in a settlement proceeds related to contractor damages and these funds are being allocated to the affected funds to cover the associated cost. Let's see if I can show you. I'll show you the last slide. The second adjustment is for $140,000 for the replacement of deceased trees at the Delray Beach Municipal Gulf Coast funded through the City's Tree Trust Fund, which is in the Fund 115 Special Revenue Fund. These amendments ensure that the revenues, transfers, and expenditures are properly reflected in the respective fund budgets. Staff recommends approval of resolution 160-26, and I'm happy to answer questions. Okay, thank you. Nothing? Any commission comment? Can I get a motion? Motion to approve resolution number 160-26. Second. All in favor? Aye. Aye. Mayor? Thank you. I'm in. I said aye. All right, thank you. Okay, and on to item 7F. We're done. We're done. Oh, we're done that. Yeah. We're done that. All right. No public hearings. No first readings. Okay, and we are to city manager comments. One item briefly, and that is given the affirmative outcome relative to the Tenant Center management contract recommendation to cancel next Tuesday's October 20th Special City Commission meeting. I'd like to ask you all to approve that at this time. Yes. So moved. So moved. Second? All in favor. Aye. Aye, aye, aye. Aye. Aye. Thank you, thank you. There he is. There he is. Otherwise they yell at this time. Thank you. Thank you. City Attorney. I feel like I have to say it. Happy birthday, vice mayor. I know. Thank you. I have nothing. You've done it. You've done it. Stitt to the City Commission. Final comment. I would also say happy birthday. Congratulate the chief again. Thank our city attorney for all your hard work getting this party started. Oh my gosh. And also, we all got a letter from Daniel Hartwell today regarding Old School Square and future considerations. You know, I don't know. I know that we – the issue with the DDA, we talked about how, you know, we either have to give them more money and get it going or not. And we've talked about these feasibility studies, and we've also talked about, you know, creating the working group. But I think we should all read this and maybe ask Mr. Moore to meet with him to discuss the potential. Because if you read it, you know, his letter, it's very thoughtful, and it has some good ideas about moving forward in the current state that we're in, which is we still don't have the grasp on the full potential. And so just food for thought. Okay, that's it. Thank you. Okay, thank you. Mayor, do you have comments, final comments? Yes, I do. Three comments. First, Terrence, I want to mention one thing. The report for the traffic, I mean, the parking was not in the backup. I know we had it, and I know the comment was we don't put stuff like that in the backup. But I thought we discussed a year ago that if it's going to be a presentation that we're making, that it needs to be in the backup. So I didn't see it when I went online. And it was in the materials that you provided us, but it was not available to the public to see. So I think that when we are having presentations, the public has a right to see what those presentations are, because they may have questions themselves that they would like to ask. So that's number one. Number two, we've had this conversation a couple times up on the dais related to neighborhood signs. And I would like to be able to, and I've had conversations back with Missy, and I know Palm Trail is very interested in having it. I know we did something last year for Osceola Park. I would like to get consensus from the commission that we asked staff to develop three or four alternative type of signs if neighborhoods want to do different kinds of signs. And with the idea that the neighborhoods would pay for the signs and would pay to get them installed and everything, but the city would take over afterwards for them. And because, I mean, we want neighborhoods to have their own identity. And I would like to be able to see us offer some of these neighborhoods, want to have their own neighborhood signs, and are willing to pay for it to be able to have them. So is that something the commission would agree with, that at least we should have staff look at seeing whether or not we could do this? I don't have a problem with it. I'll support it. I would support that. I would think we need to create some design standards, however. I mean, other than that, we're going to wind up with it. We want them the same throughout the city. I absolutely agree with you. That's my point. I want to have stuff studied by the city because we don't want to have the liability. We don't want to have the liability. Fair enough. So it's got to be done right. Okay. And lastly, I want to bring up the tennis contract that we just approved. First of all, I think that it is when there is a bid, when someone's already having a bid contest and saying that the bid process was wrong, to approve it was incorrect. And I want to go back to something you talked about, about the golf course and the point I was trying to make with the golf course. And the golf course project, in terms of what they discussed with the bondholders, did not have the rigid 10 years operational experience requirement that he said was required. It did not. If you go back and look at the document, they looked at really a holistic kind of thing, where they evaluated the company based on their track record of leadership and capacity to do the deals, et cetera, et cetera. So there was not a 10-year rigid thing at the golf course. So, I mean, unless I'm reading the bond instrument wrong, then I welcome the attorney to double-check what I'm saying, because that is not what was required at the bond thing. They looked at your overall experience. So I'm just going to say that, and I think that that was the way to go. So, and as I said, there's a bid protest going on, and approving something in the middle of a bid protest is, well, I think not true. Anyway, I'm done with my comments. Thank you. Vice Mayor, can I just respond to that? Yes, please. Because I did consider that. But in our policies, our purchasing policies, it specifically says that the city's consideration of a timely written protest shall not necessarily stay the award process. So what we did tonight is within the bounds of our rules, and there's no basis to – because if you think about it, every time somebody was unhappy that they weren't given an award, they would file a bid protest, and the city would be in chaos. We'd never have – so that's why that language is in there. And so that's why I felt comfortable making the recommendations that I did this evening. Ben, and Attorney Jell, and I was not questioning whether or not there's a legal foundation for what you said. I'm just saying that, in my view, when there's a bid protest, number one, and number two, when there's a dichotomy in the standards that you use when you're doing a $30 million golf course and a management company for a tennis thing and to pretend that it's something other than a wholly different viewpoint in terms of what you're trying to do. So the criteria used for the one and the others is a totally different criteria, and I just – well, you know, that's – I've said what I've said. All right. Thank you. Commissioner Marker? No further comments. Thank you. Commissioner? Before I forget about it, I wanted to bring up something that the applicant pointed out earlier, and that is that when we have a conflict in the code – it should be built into the code – that when we have a conflict with the utility and the trees, that the staff should have the authority to administratively do that rather than making a waiver go through the process. I don't know how that works exactly. No, I don't believe that specifically. Not that particular one. You can give consensus – you can provide direction if there's consensus to direct staff to amend that portion of the code. I do think that's fair. You know, waivers cost money and they take time. Yeah. And if it's something that's a legal impossibility because of another portion of the code, I think that would be the right thing to do. Thank you. Then I'm seeking consensus. Absolutely. I think we should expedite whatever we can expedite. And do you want us to stop enforcing, like start the administrative approval now? We can do that before it's formally done through the code. Could I just ask a question? I think if there's a conflict in it, then necessarily we should – Could we just – Judy, would you mind if we just ask staff that there's anything we don't know about that process that may be – Sure. Yeah. Because I do agree with you. I think anything we can do to speed it up, also not have people have to come in front of us, it's a great idea. I just want to make sure there's not something we don't know. Okay. So – That's fine. We'll have a – Yeah. We'll bring in some sort. We can coexist. Okay. All right. So we've got the consensus and you're going to have staff bring something to us. And that is it for me. Got it. Thank you. Thank you. Oh, great. We're done. That was it? Yeah. Okay. Happy birthday. And for me, I just wanted to say thank you so much again for all of that orchestrating that. I mean, that was a big deal and it meant a lot to me. And so thank you so much to the public and everybody that came out for me and all of you, the staff. I mean, everybody had a part in it. Thank you so much. It was mostly me. It was me. And thank you. And a special – And a special – I'm waiting for the after party. I was waiting for the after party. Can I take a cup of my baby? Absolutely. Absolutely. I'm waiting for the after party. I'm waiting for the after party. I said earlier. I'm just waiting. Thank you so much. Meeting adjourned. It's four –