City Commission - Regular Meeting - Dec 01, 2025

good afternoon evening everyone welcome to the regular commission meeting of the delray beach city commission this december the first if the clerk would please call the roll commissioner marker here vice mayor long here commissioner kazell here deputy vice mayor burns here mayor carney here we have a call thank you if you could all rise please to the pledge of allegiance all right you all have in front of you the agendas we need an agenda approval there are there any subtractions deletions over there that you want to discuss I thank you mayor I just wanted to update you on the appealables which is 6g1 I think we can just remove that the applicant has filed an appeal of the denial that they received and so there's nothing there's no action that needs to be taken because the appeal is going to be heard I believe it's January 20th we'll say we're just going to take that 6g1 out no well no just that that particular item off I think that's the only one on there yeah it is the only one it is okay so there's no action that needs to be taken at this point because they filed a separate appeal it's going through a separate process that's fine okay other than that anything else anybody then I need a motion to approve the agenda second all in favor aye any opposed it is adopted presentations we have a special recognition in honor of the omicron delta zeta chapter of zeta 5 beta sorority deputy vice mayor burns okay thank you um I don't see a representative here but we are commissioners presenting the omicron delta chapter zeta chapter that was charted here in the city of Delray Beach on December 19th in 1990 and for 35 years have have leadership service and advocacy within Delray Beach in the Boca Raton Boynton area and we are presenting them this special recognition for their unwavering commitment to youth through their programs awarding scholarships cultivating leadership and inspiring the next generation within the city of Delray Beach um I have the plaque um you want to take a picture let's let me let me take a picture of the plaque by myself with them thank you very much comments and inquiries on agenda and non-agenda items from the public portion we now we first starting with city managers our responses to inquiries and highlights thank you mr. mayor and good evening once again ladies and gentlemen so in an effort to continue to be as responsive and attentive as we possibly can relative to increase the concerns coming from the public whether they take place at the city commission meeting my individual offices department directors whatever the case may be I've worked closely with the department of public works to offer clarity regarding implementation of roadway resurfacing program this specifically relates to a a commentary that was offered at a city commission meeting regarding the status of streets being improved what the schedule is what the dynamics are really to provide clarity that the direction or recommendations to resurface or reconstruct any roadway activities as a function of earth science or material science and conditions thereof therefore director of public works missy barletto is here this evening to help provide an overview in terms of what that looks like and what applications are in fact appropriate and professional followed by that we also have a brief clarity regarding federal highway and northeast first street because since the aforementioned meeting I just discussed we've had an opportunity to assess conditions not only from an infrastructure jurisdictional standpoint but also law enforcement collaboration as well thus she's accompanied by the chief of police daryl hunter for that particular dialogue so ladies and gentlemen if you all would please be permitted first on the roadway resurfacing program piece for that clarity and background followed by a company a company meant by chief of police daryl hunter missy barletto if you would please good evening mayor and commission missy barletto public works director and tonight I'm going to give you a brief promise road um tutorial on our roadway reconstruction project program if I can get the thing to work okay we'll try it this way old-fashioned way it's definitely user era thank you so um as as the city manager mentioned we had a resident here um several meetings ago who was talking about the city giving um promises to come and redo the roadways in their neighborhood that we came and did some roadways let's see this what I wanted to do okay so right here is the pines of delray neighborhood and if you look on the on the map this is these are all the roadways that we did with the roadway reconstruction program from 2019 through 2023 we had funding for that program for those five years we came out in the the first year we did the area that's in green right here in that neighborhood and as promised we we returned the following year and did all the areas in purple there is only one roadway in that neighborhood that remains to be paved and it's not um not in a condition that requires pavement yet so over the over the five years that we had a roadway reconstruction program in the budget we did about just over 25 miles of roadway so what is the roadway reconstruction um program it we drive throughout the city we rate every single roadway throughout the city and give it an assigned pavement condition index the pci pavement condition index is based sort of like a report card they um the roadways get letters a through f a b c d and f and um the what kind of treatment and maintenance is scheduled for the roadway is based on the actual condition of that roadway not so there it may look as as if we're jumping around as every year when we do the um whatever type of roadway reconstruction we're doing but we're actually going in order of of need in each of the roadways so originally the last time i came and gave this presentation i was talking about the way that we established a pavement condition index was there was a big pickup truck that we would hire every five years to come and drive every single roadway in the city it had cameras hanging off every side of it and i used to to laugh and say that it looked like the clampets driving through town and then i had to explain to some of the younger directors who the clampets are and so i don't bring that up anymore um in the last five years since that time technology has caught up to us now we actually have sensor equipment that's installed on 20 of our vehicles the we have a gps locator that lets us know where all of our vehicles are all the time so we have real-time tracking to know which of our vehicles cover the most ground on a regular basis and we've put these sensors on those 20 vehicles some of them are waste management vehicles some of them are public works vehicles some of them are inspectors vehicles there is a software that goes along with that that continuously takes that continuous feed of of pavement conditions and feeds it into a program and creates a real-time map so at any given time we can tell you exactly what the condition of a roadway within the city is so in a roadway reconstruction program this is not um this is not the program that we create new streets through this is our maintenance program so there are three basic components to that which is pavement preservation mill and resurface which we've done a lot of in the last last several years and then full depth reclamation which is the thing that we want to prevent having to do that means that there's been road base failure and we need to go out there and completely replace road base and everything else we're having to do a significant portion of that on north swinton during that project and that's because that roadway was neglected and not maintained for a number of years so in the five years that we had this program previously the funding was between one and a half million to two and a half million annually and that came from our infrastructure surtax as you know that infrastructure surtax program has sunset and it is not being replaced in the very near future we're looking at some at some point in the next several years maybe doing a transportation surtax that would replace that infrastructure surtax the past year's funding was utilized primarily for mill and resurface and pavement preservation the reason for that is because before i came here there was no roadway maintenance um program and a lot of our roadways were were in the d and f range and therefore we needed to to scrape off the top couple of inches of asphalt and completely replace it so this is a picture of the improved technology um as you can see there are sensors that are are strapped onto the onto the axle of the vehicle so as they're driving down the roadway they're continuously gathering information about all the pavement that's underneath them five of the vehicles actually have dashboard cams that are installed on them so that we can also get photographs of them so that if we're getting a set of data that says that there's a real problem on a particular roadway we can send someone out to take pictures of it of course we're also only four square miles so we can drive out there ourselves so this is our current condition right now our overall pci rating in the city is a 55.6 that's a low c it's an improvement over where we were five years ago which was in the d and f range so right now we have approximately 16.9 miles of roadway that is below the 50 rating which means that of the 154 total miles of roadway within the city about 17 miles of those are making less than a c in class the two million overlay overlay that 17 miles of roadway would cost the city right around 5.1 million we have approximately 3.6 miles of roadway that remains below a 30 anything that is in the below 30 range is going to have to be full fully rest restored all the way down to the base and that cost would be around 3.1 million we have approximately 107 miles that's eligible for pavement preservation and that cost would be around 8.5 million and we're going to talk more about pavement preservation as we go into the to the rest of the of the presentation and then we have about 26.5 miles of roadway that is included in some of our major capital projects the northwest neighborhood project the tropic isle neighborhood project all of our tpa projects old germantown road barwick road north swinton roadway for that reason last year and this year because we have so many miles of roadway that's under construction we did not include the roadway reconstruction program in funding in fiscal year 24 or 25 as we start on zero based budget for the coming year we will be building it back in so right here where you can see the the dashed red line that represents our pay our overall pci and index right now which is 55.6 and about 12 of our roadways fall beneath that line the rest of the roadways fall above that line as you can see in the in the green area of the bell curve the cost for preserving the roadways with pavement preservation techniques is significantly lower pavement preservation will increase the lifespan of a roadway anywhere from 10 to 12 years and it just prolongs the amount of time that it takes us to have to actually do a more in-depth kind of restoration so it's a very good investment in the future of our roadway system the actual dollars that are listed there for mill and overlay and for full restoration are based on current projects so those are real dollars eight hundred and fifty thousand dollars a mile to do a full roadway restoration three hundred thousand a mile to do a mill and overlay overlay so in this this just shows um when we have an excellent road when once we do a mill and mill and over an overlay of a roadway we'll wait maybe a year or two and then we'll come back in and we'll use the pavement present preservation technique um where we seal the roadway in a variety of different ways to increase the lifespan from anywhere from from a 20 year lifespan without the um the pavement preservation technique to a 30 to 35 year lifespan with it so some of those sealers that we use in the in this city actually also are very sustainable they have the ability to bind greenhouse gases as they are produced by the cars that drive over top of them so it also helps us meet our sustainability goals and this is just a deterioration curve because engineers love this stuff and this just shows you when uh depending on the score the grade that your roadway has on the on the left axis what kind of different pavement preservation or mill and resurface or full depth reclamation um what it might what the roadway might actually um require and how close to its lifespan that would have that would happen i promised it would be brief do you have any questions commissioner casale no just commenting that clearly we need to be looking for funding in the future which is scary and second obviously we need to be keeping our roads up so we'll need to be allocating funding for that or it's going to be more costly in the long run thank you for the presentation commissioner burns no no questions thank you for the presentation very informative no questions but thank you missy appreciate as always your diligence great presentation missy thank you you more or less answered all my questions all i'll say is i was you know uh not thrilled that we had to sort of skip this for the last couple years so i'm very excited to hear that you're going to be able to add this you're gonna have the ability to add this back into the budget going forward i think right that's that's really great news um i think we all probably hear about it a lot from our constituents and and so this is i think a critical part of what the city does and i'm glad you're going to have the resources missy to to bring that back back to the forefront i think um perhaps i didn't hit the point hard enough for you but we have so much roadway reconstruction happening now through other methods yeah with the um our well now mpo grants and um and our major neighborhood programs that we felt that this was a year that we could the last two years were actually years that we could set it aside we had caught up with most of the the failing roads that needed to be dealt with up until through 2024 we were kind of caught up so we concentrated on the really big programs for the last uh couple of years and now next year we'll be starting back again building in a regular maintenance program that will be continuously funded excellent so glad to hear that thank you thank you very much i found the the interesting statistic that if your roads are good the cost of maintaining and keeping it good is like fifteen thousand dollars per mile whereas you get further down the scale there because you let it go too long it ends up 350 000 for a mile for the you know so it's early and often is a good motto in terms of road work thank you very much missy my pleasure chief hunter no are you done he's within he's on the next presentation and that's where we're going no no i was moving on to the next one i was thanking missy and now saying you're up thank you well again as uh as the city manager mentioned we're here this evening because of comment and at prior um commission meetings that that um that brought this particular intersection to um to commission attention so in early november there was a crash in front of anthony's coal-fired pizza that received very heavy social media attention there was a lot of speculation in in social media that the accident was caused by a car coming off of northeast first street into federal highway that actually was not accurate the um the crash was caused by um someone making an unsafe unsafe lane change without looking they side swiped the car and flipped it over in front of anthony's the accident actually did not even happen in that intersection it happened between the atlantic avenue traffic light and that intersection and that's just where the cars wound up landing excessive speed was not an issue with it it was simply someone making an unsafe lane change however the discussion that came before commission was that that you directed us to move forward with doing a warrant study for a traffic light in that area we have some data to bring forward to you so you can see what we've done since you provided us that direction so with the data we we've actually we had our traffic unit go out and do a study for about six days with regards to some of the things that were brought forth to the commission in front of tony's that's where the officers were actually set up and it came to find out that speed was actually not a contributing factor with a lot of these accidents uh basically less than one percent of the 48 000 vehicles that was actually compiled in this data they showed that they were only going over the speed limit by a few miles per hour which is posted at 35 and we were basically clocking them around 44 miles an hour within that time frame that we had so out of the the 17 crashes that we've actually had so dot gave us some data from 2022 to 2025 and currently today we sit with about 17 accidents which were a little above you know the previous years but based off some of the data that we received most of the crashes actually except for the one that's serious about our injury it was actually someone with dui that was actually trying to get away from the scene ended up running into somebody else subsequently just trying to to get away from the cops and that's what happened there the crashes that were identified mainly were all calls from improper lane change as missy just talked about illegal turns running stop sign violations and due to heavy traffic and visibility nothing else um basically revealed that speeding was actually an issue uh within the area and this is just more information about the the speeding um actually there there are a large number of vehicles that go through that intersection on a regular basis close to 50 000 so that was an eye-opener for me wow mr burns oh no i was just saying wow so all of the the 17 crashes were at that same location right in front of anthony's pizza they're in that general vicinity not not specifically in front of right because i know that's where we were set up doing uh the analysis we set up in front of there because a lot of the complaints were coming there saying that that's where all of the accidents were actually happening actually most of the accidents was happening a little further south before you actually get there not there i mean obviously we remember the one horrific one we had years ago that was one that was right right in front of there but the rest of them no okay thank you so some of the things i drive that road a lot and i'm telling you there's a lot of near misses i mean so they may not end up as accidents but there are people coming out first cutting across especially four o'clock in the afternoon when the sun is blazing in their eyes and they do not see yeah yeah you know the visibility part yeah but yeah but again my thought which is why i thought about the traffic light was that that would at least arrest that issue so you would have a traffic light people would stop and then they would go when it's green they can see the green light and they you know i'm not saying that somebody's not running the red but more typically the way it is now they're just trying to they're looking carefully and they're scooting across real quickly and so we have that can't be a safe practice yeah as as a team we have noted that there are a number of different site visibility issues in that in that particular um intersection for cars that that come to the stop sign on northeast first street and do not want to head north on us one they have very few choices because there's there's little opportunity to get across the road right there because even if the even if the traffic light is red on atlantic there are cars making right turns and there's very little opportunity to actually get from one side of the road to the other which puts you in a position where you wind up having to gun it to get across in a short window and that is a dangerous situation so other things that we have noticed is that that there are site visibility issues on this particular slide if you look on the bottom left photograph you can see that there is a brand new bus shelter there in front of the atlantic crossings community that is definitely within the site line that needs to be moved to a different location because it blocks your ability to see those those cars coming north on on northeast sixth avenue we actually met with both dot and with palm tran this afternoon to talk about options for moving that for moving that bus shelter to a different location it's going to be dicey there's not a lot of places to put it but we are where we've opened the conversation um and then there's also issues there with with taller vegetation that needs to happen oh sorry i'm going backward okay so next steps we're going to continue to coordinate with palm tran and dot for the relocation of the bus stop we're coordinating with our code enforcement division for removal or reduction of height of the vegetation in order to meet the site line requirements right there and we have started to reach out to conduct a traffic signal warrant analysis as you know the part of the settlement with atlantic crossings was that they gave us a certain amount of money to do that we had chosen to wait until atlantic crossings was at full occupancy before we were going to start on that so we are but we are going to go ahead and do a warrant analysis now and then we'll have that funding available once they are at full occupancy to to if it does not warrant now that's a question doesn't it make sense based on those numbers you're talking 14 accidents two years ago and you're talking 16 it was not it wasn't 17 it was 16 with one in brackets being a serious accident why not then us wait because you're you're not going to get a your analysis is going to say not warranted most likely based just on those statistics why don't we just wait until that second phase is done i know you don't want to wait a year but you're you're going to get a result that is better if you wait i mean i guess you couldn't conduct it again but i don't see just based on that i don't i don't see the justification would you agree missy what are your thoughts if you don't if we had to guess which engineers don't guess no right but if they had to guess if we were holding a gun on them and force them to guess they would suggest that it's probably going to be difficult for us to meet a traffic signal warrant right under current conditions just because the amount of traffic isn't going to be there right um especially the traffic that's coming off of first street but once atlantic crossings is at full occupancy we feel that there's going to be a much greater opportunity for for that warrant to to indicate that a traffic light should be placed that's what i'm thinking there i think i just i'm not i'm i i just say it's a dangerous image change i mean i drive it all the time and i'm darting across all the time so and it's got its challenges late in the afternoon but you know i'm going to follow your advice on this if you're saying it's not really if you're happy to move forward with it with the warrant study if if that that was commission's prior direction what's the cost of that study what is the cost of the study i don't have a cost on me right now we should hold off until we know that there's no if you if you if you just looking at those numbers you don't see an increase in the accidents if they clear up the vegetation and do something with the bus shelter maybe it's an open seat may i offer a suggestion sure thank you and that would be so we have three considerations being made available i'd like to have us follow the first two coordination with palm trend and florida department of transportation for the relocation of the bus stop as well as the to mitigate the vet education excuse me vegetation concern once that's accomplished we'll have a better sense in terms of statistical analysis relative to activity that may make a difference in that regard and we go from there because as stated the cost associated with traffic signal warrant analysis varies depending on the level of traffic the level of activity the level of location a number of factors take that under consideration so if we can proceed with bullets points one and two i think that would be a productive approach to get us to the absolute best place and at that point i like to think that we'll have a much more safe environment or significantly enough more safe environment to get to a better place without necessitating a warrant analysis so that would be another option i think that would be supported would be to work with palm beach county to um to make it so that you can't turn right on red from atlantic on to northbound federal highway right there that will give an opportunity for a break in traffic for people to not feel that same frustration that they have to dash out um in a in a fast manner and i would be i would be supportive of that being part of the mix as well in alignment with one and two i think though though when the red light is when the light is red there's a walk there's people walking there all the time there's an automatic delay because of the people walking so i don't know that that's going to make a difference can i ask a quick question too like the mayor i travel that way all the time because i'm on the path to my house a lot of times a frustration point is ubers and other people pulling over next to hampton social there's a tiny little lane there and forever people were dropping people off it at at hampton social and it it you see the frustration people have to stop and they have to wait and then you got to try to cut in and then you're you've lost time and you're speeding up and there's there is nowhere for them to pull over yet they pull over in this little space that blocks the lane is and i don't know there's anything we can do about it but it goes on all the time i don't know what to do about it yeah we we've cited for that and i've actually seen it myself yeah you know it's all the time there yeah there's just nowhere there is nowhere for them to drop people off i mean i kind of feel for them well there is they could go up seven they could go up seven you're right about that we have yeah we have designated drop-off zones all over downtown there's plenty of places maybe not right exactly in front of where you want to go again i might have to walk more than five minutes you can't have that thank you otherwise ladies and gentlemen i think it would be appropriate for good measure to offer consent relative to the suggestion having just been offered coordination with palm trend fdot the piece missy burlitto just talked about as far as other adjustments in terms of infrastructure as well as the code enforcement removal of vegetation these are administrative in nature so the office of the city manager has the authority to proceed in this regard which is what's being contemplated however the support of the commission to that effect would also be appreciated you have my support any move to start improving the visibility is a good thing thank you so with that miss barletto consensus offered to that effect likewise at this time no direction for a traffic signal warrant analysis all other guidance is appropriate thank you very much don't say that mr mayor please thank you ladies and gentlemen i yield at this time thank you very much um we're now at a portion of the meeting for public comment members of the pub the meeting is now open to the public for public comment from anyone wishing to speak on any topic or agenda item other than a quasi judicial item or a public hearing item which is later in the program the public will have an opportunity to speak on quasi judicial programs and public hearings later and as those agenda items are called for public comment please sign in state your name and zip code for the record you will each have three minutes public comment i thought we're going to get away with no one i don't see mr long here so i don't know um good evening everyone um laura simon with the downtown development authority 33483 um just wanted to um recognize uh our small businesses saturday was shop small saturday uh we kicked off with the downtown development authority in downtown a shopping uh incentive for the month of december all throughout the downtown we have over 40 businesses signed up so you can go to our website download um our shopping um app it's not really an app but it is a platform that you can see all the information that they are offering so we just encourage everybody to shop in stores not online for the holidays and especially in downtown delray um we have over 150 plus small businesses in our little little downtown area so um and then also i'm sure you'll we mentioned this later but the city is hosting its um annual tree lighting uh celebration tomorrow and the tree the road will close at 2 atlantic avenue and second avenue and swenton will close at 2 p.m and the dda is supporting this uh by activating the 300 and 400 block east of the railroad tracks so we'll be out there as well and i'm looking forward to a great event the city's doing a really great job um all departments putting the village together and the migration team just hosting a great event that actually will go to um northwest um first avenue so it's going a little bit farther on the west side so i just want to make sure that everybody's aware of that um we also have a lot of roadway closures for construction so um hopefully we can get through that uh through the season and have a really positive season so just wanted to say thank you and um hopefully have a great december thank you very much any other members of the public wishing to speak seeing none public comment is closed i need a motion to approve the consent agenda do we excuse me forgive me city attorney do we have to pull that um did you say just leave 6g1 no we as amended we we amended as amended that's what i was asking so motion to approve as amended second all in favor aye any opposed it is passed we now move on to agenda item 7a um which is resolution 26 26 uh 2265-25 if the city attorney would kindly read the resolution into the record a resolution of the city commission of the city of delvary beach florida approving a waiver to section 4.4.3 f2a of the land development regulations to allow 34.2 percent law coverage approving a waiver to section 4.4.3 f2b of the land development regulations to allow floor area ratio of 0.42 for the property located at 417 lake drive as more particularly described herein providing an effective date and for other purposes and this is quasi-judicial thank you very much i'm going to read the quasi-judicial rules for the for everyone here um first of all if there's anyone here to speak on item 7a which is this item um is that the only quasi-judicial we have yes mayor yeah if anyone's here to speak on item 7a if you all if you could please stand and be sworn uh by the clerk yes this hearing shall be 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 group of people who are not present but agree not to speak i mean who are present but agree not to speak the city commission and 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 be legally made upon personal views as to whether a project is a good project or not nor may a decision be made 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 if you could please enter the project file into the record good evening anthea geniotis development services director and i'm going to enter uh building permit number two four dash two two one one one two and pz file three three six dash two zero two five thank you very much uh disclosure of any ex parte communications by the city commission commissioner casal yeah i drove by and i spoke to staff as well yeah that's not that's not for me not for me some written correspondence okay i briefly spoke to staff but yeah okay well that's not i don't that's not expert i don't believe right now so my bases that's fine gotcha gotcha presentation sir you're on my name is albert scartabello and i'm not sure you want me to explain first or do you want to speak until you need to speak a little louder okay and you do go first okay all right albert scartabello i just i'll give a brief summary oh your your address please oh sure 720 no zip oh address excuse me address yeah 724 sunshine drive delray beach thank you sir okay so um just a quick summary i received a call that i didn't expect on getting from the building department a couple of weeks ago saying that an internal internal audit was performed on a handful of permits that had been reviewed and approved by the city the issue seems to be the open air areas of the house were not taken into account towards a maximum allowed percentage of lot coverage my permit application was reviewed approximately one year ago by planning and zoning and cleared to move on to the rest of the departments to review the application the permit was reviewed and approved by all departments and issued on january 16th of this year 2025. i was told by the city recently that i need to put in for a waiver to receive my co which i am just about ready to have since 99 of the work is done on the house inspections have all been approved so at this point i'm asking for the city this commission to grant this waiver so i can get my ceo for the home okay so i'll provide a little bit of visual background to this um i i don't debate what mr scartabello has presented to you um the property is located at 417 lake drive um hopefully this is gonna work there we go turning it on helps um it's it's about uh 9 377 square feet the zonings are one double a it's single family and the permit was issued june 10th 2025. so and it had been in review before then um so actually all right so the zoning for lake ida has additional requirements that the other single family districts are not subject to um even though the zoning is r1 double a you have to meet all of the setbacks which the property does and then in addition there's a maximum lot coverage of 40 if it's a one-story building a maximum lot coverage of 30 if it's a two-story building uh if it's a two-story building the second floor can only be 75 of the first floor and then there's a floor area ratio requirement as well um so basically this came to our attention because another property was being reviewed and got flagged and they said but why are you counting those you didn't count them here and that made my blood more cold so we started auditing uh you know lake ida permits and so sure enough um what happened for uh mr scartabello's property is um that the uh covered area here that you're seeing um because it's roofed should have been included in the maximum floor area and it wasn't so for a lot coverage the definition of lot coverage is the lot coverage is the maximum amount of the lot which may be devoted to coverage by struck by a structure or structures so it doesn't matter if it's a shed if it's the main house if it's a gazebo all of those things count towards lot coverage um and ultimately um that in practice includes the full building permit per i mean footprint whether or not it's an open air porch a garage or something else it does not include and i went through two director before me's interpretations like the area under a roof a cantilevered balcony where like the rain could still come under at an angle so in this case the only two um the permit was deemed to be um was passed um but the data table was excluding the covered entry and then this lanai in the back which is open air but the second story actually roofs most of it so it was missed um in that aspect and then then there's floor area ratio which is now it works differently the open air structures don't all count the ones that covered block coverage it's about your ac and then um in practice half of the garage so this is you know it's a different calculation the plan set and these are from um acs's plans calculated all of these things but once we audited and went through that like this balcony area doesn't count towards far so all of these square footages were there they just kind of weren't calculated fully uh by the i think it was an engineer that did these um plans and the city staff that should have been checking it didn't catch any of it so here we are and the building that you're looking at behind you is is really about ready for ceo so this is not the type of thing we like to bring forward of course we would prefer to have these conversations when they were still in plan view and changeable so here's that rear lanai that's an open air lanai and this is just the mix of that occurred between the amount of lock coverage and far so far is a little tricky there's a definition but then there's a section in the code that says well for single family count it this way which is different the way we do some of the larger projects we bring forward which is where you know there there's a little bit of a conflict between these things which is part of why i had to go back and find how previous directors before me were applying the code and we've done this audit i went through 32 permits in lake ida so in practice all of the ac counts for far half of the garage so in this case um the porch and the covered entry should have counted for lot coverage it doesn't count for far the garage 100 of it counts for a lot coverage but only half of it counts for far so you can see how if you're new to building here it can be a little bit weird to get used to ironically this was executed perfectly by a relatively new employee who's how we found the this had not been assessed um appropriately when mr scartabello came through so again the covered lanai counts for lot coverage not for far pools are not counted for a lot of coverage because they haven't been as long as you're meeting the open space and landscape rules so we have picked this apart we know how it works how it's consistently been applied and where this project unfortunately fell short so ultimately the house is 648 square feet over the far limitation it meets all of the setbacks the second story meets the 75 of the first floor it is ready for co um and in order to co it these two waivers have to be considered under the uh the granting the findings that usually use so is it going to adversely affect the neighboring area and i would say the other one that a and d are the two standards that you have to really pay attention to these standards were put in place to sort of maintain the character that was expected for lake ida they are long-standing they've been in the code since 2008 they're not new rules um the second one is if this was coming forward to you in paper then i think it would be a heavy lift to say this wasn't a special privilege however while ultimately the design and the and the adherence to the florida building code and all local ordinances is this a responsibility of the design professionals signing and sealing the plans staff approved it so we are part of this um situation as well um i've taken steps to make sure this doesn't happen again and we can go over that separately with each of you if you would like but we are here and he's ready for a co and the correction if you were not to grant the waivers is to physically adjust the building so i think you know that's a question for you in terms of whether the correction is more harmful than the initial problem is it too much of a special privilege or not um to grant these overages and ultimately the execution of how these have occurred um you know in terms of character and other things and so this is where we are today thank you okay this is a public hearing are there any members of the public wishing to speak on this application please come to the lectern give your name and address for the record you will each have three minutes seeing none to the commission are there any excuse me are there any rebuttals uh to your either one of your testimony anything additional no no miss you notice no okay to the commission mr long right um so it hardly seems feasible to me to um expect the applicant here to adjust this building i imagine that would be very very expensive if even structurally possible um and given that we are unfortunately somewhat culpable in this issue um this creates in my opinion an extenuating circumstance um had we uh had we caught this earlier and again it was a mistake on the part of your engineer however had we caught it that's something that could have been resolved before it you know is something that now really can't be resolved um without a considerable expense so given that this is an extenuating circumstance um that we had a role in i i think we we pretty much have to grant a waiver here i think that we are if we are acknowledging that we are somewhat responsible for this issue um i think that that's to me this is what this is what waivers are for they're for extenuating circumstances so i would be in favor of um a waiver in this case okay mr markert i agree with what mr long said i i do think this is an ex you know it's it's an unfortunate circumstance um this happens once in a while there was a mistake made um you know on each side but i think it would be egregious for us to say no to this and and have you go back and have to spend a lot of money and to rob's point who knows even structurally if you could make the changes so i don't think this grants anything unfair at all and i'm i'm in favor of it commissioner burns um i'm agreeing with my colleagues um you know staff approved it all the calculations were there uh and it's ready for a co um and we've made preparations to not allow this to happen again so i'm in favor great commissioner were the calculations there though i mean the problem i have here and forgive me because i know you're in a horrible situation and i feel compassion for you and i hear what my colleagues are saying these are this is the reason for we have waivers for circumstances i appreciate that you haven't exceeded the uh second story uh percentage and that you're well within the setbacks because that is critically important as well but you it's ultimately completely the responsibility of the architect to provide the accurate information um so it's not the numbers weren't there was something wrong and i get i'm not saying i'm just saying it's a hard thing to i know that we there there was oversight we missed it on our our part and but i i struggle with this and i guess this is that this is where i'm going these after the fact and and this is not you and i don't even know if this is proper conversation we're seeing a lot after the fact oh the wall was two feet too high oh the wall six inches too high oh our sign is too big oh this oh that i is there a compromise where you are giving a retroactive and then you incorporate the fee for the permit so i mean i think and i think that part of what is happening is that all of this so this is actually an area calculation from the plan set yeah and everything that's totaled up isn't totaled up in a way that achieves either measure the far or the lot coverage that's when you know staff should have asked for the data table to be redone to say like well this these are all these areas and and we shouldn't have to manually add in this it should have been a very clear direction put the covered spaces on your log coverage take off the balconies and the cover in the open air parts from your far you know instead sometimes i think um there's an interest in trying to move fast right um however i did i did have to get the bottom of this because this is absolutely the worst situation that some something is coming out of the ground that doesn't meet the rules all right you know the rules are there because the neighborhood has certain expectations of what should be coming up around them to to ensure their their their neighborhood stays with the same character so all of these calculations were there they were never put into the framework of the rules i mean but the drawing was clearly labeled like hey we're right at the 30 percent but if you added up the square footages you would have understood that they had left off the covered entry and the covered lanai right now those are open air features and those are features that make houses more livable and more interesting and all of those things but nonetheless it's it's all it's a little too much so our responsibility i think as staff should have been to have the engineer who drafted the plans reconfigure the data tables what happens is we get pushed back we're constantly taking too long p.s the previous workshop um and so in a rush sometimes there are mistakes at the same time we traced all of the projects that were erroneously dealt with because i hate to tell you there's another one on the eighth um to a single reviewer who no longer works here and we had an entire staff-wide training i basically we went through everything we are also going to be providing a visual like explanation of how to apply these standards for lake ida that we will publish director of communications is going to help me add a web page and we are working with the it department to change the prereq requirements for if you were in lake ida your application data tables need to look like this to head these off and the entire planning and zoning staff whether they review single family or not has been educated on how this needs to work so hopefully moving forward this will not happen again um however this is quasi we're on this particular project at 417 lake drive we have a builder who trusted his pe and trusted the review staff when the permit was issued and now all right here we are with the building understood thank you go ahead um obviously i don't like people who do you know they make the mistake and can beg for forgiveness uh in this particular case i view it very differently uh you and i discussed this at length about ways to kind of having gone through this myself in a number of ways that we could create a situation where it wouldn't happen again where we have a separate table when you have these separate zoning requirements maybe we need a separate table for a lot of coverage which is different than your far and you know but they have to depict them and it has to be part of the check box that you they have to check off to do this was again vague but if we had had two tables requiring one for far one for this would have been avoided so there are some simple fixes if we don't grant the waiver what you're saying is we're going to have to make the guy alter the facade which by the way would make it look right it wouldn't have gotten through sprab but you know i mean it didn't go because of single but i'm just saying it wouldn't have passed the designs by it so i'm certainly not going to i certainly understand why we don't want to do that but i don't think i'm not going to not grant a waiver because that's telling him he's got to go do this right i'm going to understanding that i don't like having forgiveness you know coming back we need to better our process i don't want to not pointing blame the staff not pointing blame to the engineer i think the engineer probably should have been aware of it but if he doesn't do a lot in delray it may not have been so but it's if we created these checkpoints that they had to check off this situation would have been avoided so i'm going to support this this waiver for that for those reasons anyway i need a motion motion to approve resolution number 265-25 second i'll call the roll please commissioner market yes vice mayor long yes commissioner cassell yes deputy vice mayor burns yes mayor carney yes motion passed thank you thank you item 7b the audit disbursement of the oss this is the audit report that our auditor has been working on as related to the uh old school square contract with the downtown development uh agency and you we have your report you are going to make a presentation about your report yes good evening mayor commissioners um city staff guests elena georgiev city internal auditor um thank you for the opportunity to present the results of the audit of the downtown development authorities disbursements related to the management of old school square the audit was performed per your request and um was just concluded and a copy of it was attached as part of the agenda i i'm here looking forward to answer any questions you may have commissioner cassell thank you i'll start thank you for the report um so just to clarify there was no fraud so first of all i would like to say that this was a limited scope audit and as part of the procedures of that limited scope audit we did not identify any any fraud thank you and did you identify uh misuse of taxpayer dollars no thank you and there was no family members of uh employees that got special benefits correct no and then i just would say one thing i i appreciate the report i read it i think um when you and i discussed it the findings were pretty much what you expect you look at the organization you find ways they can approve their policies and procedures and um you provide them in the report and i appreciate your time and i i would just say to the you know there's been a lot of talk about this and a lot of it has been you know negative and disparaging um but i sat up here when this first ila was signed and i would say to you to everybody that's watching one of the reasons that um i recall we we entered into the agreement the way we did and there's a section of it page two that says services or commodities provided by other government agencies other public entities universities and colleges or political subdivisions are specifically exempt from competitive process pursuant to cities purchasing policies and procedures because there was a lot made of contracting without going out and getting um competitive bids and i would say to you as someone who sat up here at the time my clear recollection and that was set signed by mayor shelley petroli on the 27th of february i believe 2023 was that one of the benefits to us having the dda take over was that we could we ourselves would have struggled a little bit with the procurement it would have taken us a lot longer to get bids and we were talking in in consideration and why that was in the contract is my understanding was we were thinking about how are we going to get the crest theater up and running really quickly and within the contract the dda would have the ability through their procedures to get things done more quickly and they wouldn't have to go through the same process so it but it hurt me to watch them get criticized for doing that when really we asked them to go and get this place up and running and operational and we gave them that leeway and then they were being criticized for utilizing the leeway they were given and while i think it's really appropriate to look at policies and procedures for any government organization i think we should start looking at our own because i can assure you we've got probably procurement issues going on i can i know of some p card problems there's a lot that we can do to improve our own city and i'm happy that this report came out the way that it did i appreciate that the dda said that they've already begun working on improving their process and procedures and i'm glad there was no fraud malfeasance misuse of funds family members getting benefits or a lot of the things that were being stated in the public and that was very unfortunate because people's characters were assaulted in this process thank you commissioner burns yes um i've looked over the report and as uh my colleague said there was no uh indication of fraud or misuse of funds and i want to just thank you for the report i know it took a little longer than you anticipated um and thank you for your recommendations for improvement that's that's all thank you commissioner marker yeah hi um i went over the audit two times and and had a chance to meet with elena a couple of times um i've gone through hundreds of these in my lifetime um but you know we do this in the corporate world all the time so um you know i just want to reiterate there was nothing i'll say it again nothing malicious found in this audit nothing uh did we find a couple of areas that we could tighten up and do a little bit better on you betcha and every audit i've gone through in the corporate world we found the same things and we've already got commitment from the dda and from laura to tighten those things up so i'm happy about that um as you all know i was not in favor of this audit based on my own observations i'm really glad it's over um i am sorry there was a lot of disparity that that was put down on the dda on unfairly in my opinion and again i was not in favor of this from the start but i'm glad the audit came out the way it did and elena i thank you for all the time you put in i know this this did take a lot of time and i'm appreciative of the hard work and the effort that you put in and and and you know coming forward with the findings so thank you for that commissioner long uh no questions but thank you for the very thorough job welcome and then thank you very much you're finished yes okay thank you very much for the job it's a very thorough job uh i'm very glad that you were able to identify i mean from the very start and i said this from here i didn't expect any malfeasance i didn't expect any of that i did expect sloppiness and which has been identified and everyone's correcting i mean i'm not it because not having contracts in place or not having credit card policies in place and not having policies and procedure in place when you're dealing with public money is something you need to have in place so i mean and so i'm very happy that you worked very collaboratively with the dda i i like what you wrote i like their their responses and commitments to upgrade the various procedures to get in procedures in place so that you do have so the questions of whether or not something should or should not have occurred are now off the table because you will have a policy and a procedure to to dictate whether something should or should not be done so i appreciate your your efforts here um and um you know i guess you're getting on to other greater things here in the city to look at so we'll can't wait to see those too so anyway me too could i ask what could we does miss simon want to comment at the in the aftermath i don't see why there's a problem she was the subject of a lot of uh comments that were not remarkably positive so if she would like to comment i think we should let her thank you i won't make it long i appreciate um i just wanted to uh thank elena for her work on and working so collaboratively with uh the organization and appreciate um how we were able to identify what we did we all knew it as we went through this that there was obviously always lots of room for improvement as an organization as small and um as we were jumping into something so fast to to make the old school square work so we appreciate it as um commissioner market said there's always room for improvement and we are really um looking forward to providing that but again i just really thank elena for her partnership on this is great she's very professional and we're very lucky to have her that's why she's here thank you very much ms simon do you have any other comments nope i believe um this is um oh i have great thank you thank you very much for all your hard work thank you so all concerned i don't know we're not really approving it we're just it says motion to approve audit that's correct yeah okay yeah so i'll make a motion so move oh i'm sorry i'm saying we don't you don't know it says recommended we don't you don't approve it okay so you can i'm just saying i didn't see it said that but you don't want us to don't normally do that it's up to you should we no okay um nominations for appointment to the affordable housing uh we're in item 7c nomination for appointment to the affordable housing advisory committee based on the rotation system this will be first made the first will be made by vice mayor long and then the second will be made by commissioner casal help me out which ones are reappointments on the list i think the two that that that they're replacing were removed for i think attendance issues these these were at large right they weren't necessary to be qualified correct so it didn't really matter which one was which one right if i'm not mistaken so none of them are incumbents it appears monica brisson ryan holly and car king are all qualified okay um i'm going to appoint monica brisson second all in favor aye aye any opposed nope that's fine perfect next is um um um this is hard there these people i get confused had good applications it was a tough choice i'm going to um appoint ryan holly okay uh all in favor any opposed you don't really need a second on a nomination i'm trying to follow i'm trying to you know upgrade myself here do your thing so um all in favor um all in favor yes any opposed no you should point it perfect 7d nomination for the appointment to the site plan review and appearance board mr marker i'd like to nominate rhett talbot second love it you know third you don't need a second nominee i know we do we're just trying to we're trying to follow the rules anyway all in favor aye any post it's passed great 7e now i'm going to take charge on this one i had thought we had given everybody the idea that they were supposed to come back with their their 15 and i even wrote a letter you you the idea was 20 we were supposed to have 20 20 but but but michelle ferguson change no i didn't michelle ferguson changes she it's 20 total because you already have five right and so you're going to get 15 appointed because that's all the room i thought we were picking 20 and the total was 25 to get 120 that's what we talked about originally but we got um the the we we met with staff and we met with with miss ferguson and the raftels people and they size wise too much you know if it turns out that we're able to accommodate more later then we can do that but at this juncture they were saying let's start with this number because the way they wanted to do the table setup and they're going to be moving people from table to table and things like that she that she felt with the acoustics issues already at the field house yeah she thought that this was a better number may i say i'm not i tried to reach out to a bunch of people uh over the holiday break i know rob you probably want to pick because you're not you're leaving but i need more time they're not ready either i'm just i'm not putting you on the spot i'm not saying you're the only one i'm i'm not ready okay i have about seven how many do we mayor i had a great list but wouldn't you know i left it on the nightstand when it happened i'm telling you well it's not your cat lovers so what are we deferring to the next meeting on this anyway you can do your list that works better here's here's what i here's what i would like to recommend by friday of this week if you could all get your list to the city clerk preferably by thursday to get your list to the city clerk who can then look at the list and see if there's any duplications okay and we can she can get back to the person and let them know that there was a duplication but if you have one and i have one i don't i don't know i don't like that idea i think you got to go and read out everybody do two people so what because if if i have the same list as you then i'm just trying to streamline it for the next meeting on the 8th someone else gets to pick it's like that's not you know usually if you have a duplicate then who's the one who gets it and who gets another pick that's that's i mean let's just do it at the next meeting everybody come with your list i mean i've got here that i've got a couple here that are saying oh if you want to appoint them that's fine and i guess the clerk will call and say you have a duplicate is something you really person you really want to appoint or do you mind if the other person does the appointment mayor i'm just concerned that might create a sunshine issue exactly okay well just involving the clerk in that fashion however you would like to do i think we have to do it in a meeting just at our next meeting everyone should have a few extras just yeah like five i mean we all know the same people that's the problem i got 20 extra right here so how many are we to appoint you're going to be appointing 15 15 and i have another question i would like to appoint miss emelman she is not a resident but she represents over 800 businesses i would like that exception to be made on my behalf i mean that's not the way it's it they have to be a resident there are certainly some another member of the chamber the businesses are such a critically part of the critical part of the city i just think having one person there who represents all the businesses everybody can come up with some of them they can though why not there's no exceptions there should be except but i know but from the beginning i said i thought the non-profits should be involved and people agreed and you and somehow that got taken out i mean we're not fighting so let's get a consensus on it i would like a consensus to add miss emelman that's the whole process okay i'm asking my colleagues for consensus if they don't mind she represents 800 businesses we have to continue making exceptions mary excuse me no offense that's you shouldn't be yelling out from the from the audience if you don't mind okay thank you i'm not in favor i want to i'm in favor mr market mr long miss burns would you mind it's one person and she represents all the businesses in the city it's visioning it's what residents think it's not what the chamber thinks the city should look like it's important to have people this is over 100 people you want don't want one in there who has some sense of what's going on whatever i just i'm i'm adding her to my list if you don't mind residents only i'm not going to disrupt the vision for what we've already discussed on this juncture since i'm not going to be here so i don't think we talked about i think we talked about it being residents as much as i appreciate having this element involved or others i don't think now i thought the non-profit should be what we're going to do here um let's let's let's keep you guys going to change it after i leave go ahead let's just keep it the formula let's just keep the formula that has worked three previous times and it's made you're getting the same at the goal setting you're getting exactly the same thing at the visioning i was at the last one as the goal setting right i just feel like i heard you and i asked for a large sample does one or two really matter right yes it does not really great tom we we i'm really trying to keep this the way it it has worked in the past it's the way you want it i mean it it's if you look at raf tellus they said staff should be involved it's just a matter of opinion i'm not saying yours is wrong listen i'm just saying the woman who represents all these businesses probably has something positive to put into this i'm saying that you you that is not what a visioning process is all about and we've had successful ones in the past and i i'm going to list right my address i'm joking mayor come on calm down this is ridiculous whatever it's just every the whole way along that i would like to choose that represent groups that are not residents that i have not don't have in my life you can find someone from the group but i mean our downtown businesses are so important we just keep it the way we've all agreed to it apparently can we just keep it the way it was set up to do the way that you agree making a last minute change it's not a last minute change i brought this up in the very beginning i brought up having because you don't you've never been in a visioning things and i actually know that's i've read three studies no we did and we got a consensus to add the non-profits and now they're not included we did get a consensus anyway i'm saying residents only it should be that we're going to that's the way it's it's been set up let's do it residents only if stephanie has someone from her board that she wants to come that's on the resident by all means you're free to select them so so then our takeaway here is by thursday we're supposed to know by the next meeting well we're going to choose by the next meeting well that's right we're not going to do it well no i'm i if you're saying that uh might make so yeah the attorney the city attorney believes that that could create a um yeah because she would know that somebody else was going to do the same person technically we would have voted so uh the next meeting you will have your list so 15 appointments and are they meant to be a subset of the list we already have if you go first and you take up three of my names so i gotta have don't make it your former neighbors from out west because that won't be a problem no that'll be a problem but 15 as a subset of the master list that we already have it's not new and incremental people these are new people so these are all new people yeah so they if they some of them may have some of them may have contacted the city some of them may have contacted you directly these are you have 15 people in addition to the five you've already chosen it's all new people okay yeah because the five that you already chose are there okay so essentially by whatever the date is you'll have 20 names from me correct by the next meeting by the next meeting but you're going to have to have other names in case like you you like you rob appoint someone that you like and so you have to scratch it off you have to have an alternate on your list like that's why i said i got this list of okay so we're making this so hard this is not hard i mean i'll be here it's i'm on the i don't know if i can vote or not in the next meeting i gotta figure it out so we need a clarity on that whether he'll be providing a lister down or we're going to pull up short by 20 names all right if commissioner long is determined that he can't vote then i would suggest that we go our list could go from 15 to 19 people you better come with 25 or 30. i'm just saying no no i'm just saying you've got the same 15 that's right you're gonna have to be able to do it we're spending way too much time really i think i think there was a concern i agree with that are you do we have a consensus on spending too much time on this second um in in commissioner long's resignation letter he didn't put a time i mean i could argue that his resignation the same day the clerk did it it's her fault it's right it's really mr moore's fault mr moore's fault so i mean technically it could be considered 11 59 pm on december 8th because he didn't give a time but yeah i think that's what it is i don't i don't want to right he doesn't want to create an issue can i ask a question can he resubmit his resignation with his time specific no no no all right wait can't we just make an exception for him let's all just come with 15 names and four extras no you're talking 20 names if you if you're giving if he's not coming then we all have to provide a couple extra names right right right so there you have it you're not coming no it's going to come and not just i was going to come from the beginning you know say my goodbyes make a speech and then ah right off into the sunset well since you didn't for the time can you bring 15 names and we have the first i'll bring it and you guys can use it as reference oh that's an idea about that that'll work that's an idea we can decide at that meeting whether it's going to be your backup 15 or 19. okay so that's right so everybody's going to come with a sufficient amount of names to fill the slots at the next meeting i'll bring in 25 too fine make sure they're residents oh okay i mean if you'd like to give them to us ahead of time we can vet them for everybody i'm not i i'm probably going to barely make it on time what does that mean means you need to know they're in the city well if they're vetted and they they aren't well i'm just saying it better than just to see if they're from make sure that they're residents oh well we're all going to bring residents because it's presumably you know these right yeah we're going to know these people i'm picking names out of them i'll go through the census and start picking names i should have put this on the agenda for next week all right 70 we're done with 70 right we have consensus yes okay December 8th it is okay 8a public uh this is a second reading on ordinance number 26-25 if the city attorney would kindly read it into the record quickly in the ordinance of the city commission of the city of delvary beach florida amending the code of ordinances of the city of delvary beach title 3 administration chapter 33 police and fire rescue departments to implement provisions of the 2024-2027 collective bargaining agreements between the city and the palm beach county police benevolent association amending sections 33.64 contributions and 33.685 deferred retirement option plan to extend the drop from five years to eight years and require members who participate in the drop in excess of 16 months to contribute 33 to the pension trust fund providing a conflicts cause a severability clause and authority to codify providing an effective date and further purposes and this is second reading public hearing just briefly this is to memorialize the uh terms of the collective bargaining agreement that was approved by the city commission just a few weeks ago okay we had our first reading so this is the second reading um this is a public hearing if there are any members of the public wishing to speak on this item please come to the lectern give your name and address you will each have three minutes seeing none public comment is closed to the commission look you know i don't support the drop but this is just changing the ordinance which isn't necessary so i'll put the fourth the motion to approve ordinance number two four dash two five do i have a second second would you please call the roll two six two five oh thank you thank you that's a bad two five no it says two four no oh i'm sorry i'm already on nine eight i'm moving ahead of you all i apologize two six two five thank you mr long sure second okay uh if the clerk is gonna do without me if you could read the roll what can we do vice mayor long yes commissioner cassell yes deputy vice mayor burns yes mayor carney yes commissioner market yes great okay oh my gosh these are some long first reads wow here we are don't you have the cliff notes version i just say like what it is you ready an entire page okay first reading from item number for resolution 24-25 an ordinance of the city commission of the city of dollar beach florida amending the land development regulations of the city of delray beach code of ordinances chapter 2 administrative provisions article 2.1 reviewing officials and authorities section 2.1.1 administrative officials to include the approval of plats to the responsibilities of the director of development services amending section 2.1.5 the planning and zoning board to remove the certification of plats and include the approval of subdivision plats to the duties and responsibilities of the board amending section 2.1.9 the historic preservation board to remove the certification of plats and include the approval of subdivision plats to the duties and responsibilities of the board amending article 2.2 general procedures section 2.2.2 financial guarantees to require financial guarantee before approval of a major plat and before the issuance of a building permit for a minor plat or certified site plan amending section 2.2.4 certification of actions taken to require financial guarantee before approval for a major plat and before the issuance of a building permit for a minor plat requiring the plot to be recorded by the applicant and adding an expiration for subdivision plots plans it should be plats amending article 2.4 development application requirements section 2.4.8 subdivisions and plats modifying the procedures to review and approve plats to be consistent with Florida statute section 1 points 177.071 amending section 2.4.10 site plan applications level 1 level 2 level 3 and level 4 and master development plans to include subdivision plans and adoptive procedures and require required findings for its approval thereof amending section 2.4.12 certificate of appropriateness to require certificate of appropriateness for subdivision plans for individually designated structures and all properties located within historic districts amending chapter 3 performance standards article 3.2 performance standards section 3.2.3 standards for site plan and or applied actions to remove plats from and add subdivision plans and by amending appendix a definitions to amend the definitions for major subdivision minor subdivision and plat and to add a definition for subdivision plan providing a conflicts cause a severability cause authority to codify providing an effective date this is first reading i feel like we should applaud that you've done such a great job second all in favor aye any opposed as a rule by the way this could have been done in two all we're really saying is we're not going to get involved with the big stuff the little stuff let the staff do it right i think you should be able to put together a summary of when they're long this way so that so we can incorporate by reference the entire reading so that you don't have to go through the whole process the problem is because we have to advertise the caption it's the purpose of it is to put the public on notice as to what the change in the code is going to do so if we incorporate it by reference i don't know if we accomplish that well i mean we're still still going to be in the part of the agenda i'm just saying for purposes right but this goes in the paper for second reading we have to notice it i'm just trying to make it easy for it's probably cheaper your way too she should make you read it yeah that would be the other option less painful that was a lot all right so so we've got that it has been approved 9b ordinance 9b 37-25 i'm also a first reading in ordinance of the city commission of the city of delvary beach florida amending the land development regulations of the city of delvary beach code of ordinances chapter 2 administrative provisions article 2.4 development application requirements section 2.4.11 relief subsection e request for accommodation to require reasonable accommodation requests be submitted in writing to modify the amount of time to request additional information and to make a final determination to require any denial of a reasonable accommodation request to state objective evidence-based reasons for the denial to comport with recent changes to state law providing a conflicts clause a severability clause authority to codify and provide providing an effective date and for other purposes this is this is similar to the last one recent changes to florida statute this one you're going to see next week because our ordinance has to be in place by january 1st gotcha okay motion to approve ordinance number 37-25 second all in favor aye opposed okay last one ordinance number 29-25 an ordinance of the city commission of the city of delvary beach florida amending title ix general regulations chapter 95 emergency management sections 95.07 of the code of ordinances of the city of delvary beach by creating section 95.07 adoption of the national incident management systems nims providing a complex clause a severability clause authority to codify providing an effective date and further purposes this is first reading we don't need the deputy chief to do this so i'll second all in favor i'm sorry did you have something you wanted to say oh no i was about to concur that there's no basis for presentation at this moment all so all in favor so all in favor any opposed fine 9c is adopted there we go go to the second comments and inquiries on non-agenda items mr city manager i yelled at this time thank you good city attorney i have nothing you have nothing city commission mr long would you like to go first sure i only have one quick one and that is to congratulate deputy vice mayor burns on qualifying without an opponent for her second term that never happens in delray beach i guarantee if i was running for a second term i'd have many opponents um it would be a blast thank you uh so very well done that speaks volumes to your leadership and diplomacy up here so thank you well done diplomacy goes a long way yeah also inch congrats i'm proud of you and that's that's awesome and that's it for me commissioner burns yes i wanted to say um thank you for the congratulations but um i wanted to i was invite well we all were invited to the um the firefighter moment movember event and i went and i was um it was as an awareness for um men's cancer and in particular uh cancer for firefighters and it was very eye-opening and um a very great event that i so i want to uh just say congratulations and thank you for inviting me and i learned a lot um i think that's it sorry newly elected there was one there was one other thing but i forgot i didn't write it down all right thank you um i want to thank miss barletto i got a call from a resident on some issue that was pretty involved and it involved the state and it was resolved within 24 hours which was miraculous so thank you missy um the turkey trot was amazing it was especially fun to see the police there but also all the kids from the park and rec department were lined up to hit you know run out first it was fabulous i loved it um thanks to our police department for feeding needy students on thanksgiving you know chief you're just doing a really amazing job at uh engaging in our community and um just showing what it what a great community this is and i really appreciate you every day uh code department also appreciate you you you were giving out turkeys and i think you're going to be giving out hams you know i don't know if other cities do everything that we do but it's amazing and uh i really thank you all um anthea uh had noted during the break some some information about incentives that are provided and projects that have and you know we should probably at some point catch up with that information just because we are doing it and um so thank you and i appreciate you anthea all the time and um oh i asked uh i want to ask i want i want to ask mr moore to just sit down with the non-profits with respect to these funding agreements i'm getting a lot of questions concerns uh about you know length of how long they're lasting when they expire information provided i said to mr moore i'm not in a position to answer these questions i don't know enough but i do know that i think there needs to be a little clarity and i and there's there's a lot of emails back and forth about you know different things happening changes i just want to make sure everybody's comfortable and clear we used to do these agreements for a five-year period of time and we could cancel them at any time i do think we need to really visit the discussion of how we're doing this because even it's like with capital improvement or anything else you can get out at any time so you're not locked in for five years but if you're looking at something for five years people can plan out and we really need to get people around the table and figure out what's going on and and just get this resolved yes so just by way of update i yes can i speak mayor yes um i did update all the funding agreements um i gave them to mr orris before i went on vacation thank you and i did only make them for one year because what my thinking was is that when you've received the applications for their requests they are for that upcoming year so to project them long range number one we don't want to give the appearance that there's you know an appropriation that's guaranteed because it's not it's subject to um review every year and again what they're presenting to you is for that next fiscal year so in my opinion it was better to do them each year it's it's going to be a form agreement essentially the way that it's written whatever the application is that they submit to the city is going to be exhibit a to the agreement once they receive their appropriations through the budgetary process on october 1st they can be on the city commission's agenda for review and approval and it'll be on the consent agenda so i really work with my staff to make this more almost like a form i know the cra i believe they almost had it in their application which i thought was very bright yes renee um but i i think that's just a better way to do it um the one thing we don't want to do is create some type of an impression that there's going to be some no i don't disagree with that and so when when you make them long term like that it almost gives the impression that the city is almost essentially committing itself to some type of a capital improvement project which we really can't do as you know so that was my reason behind it i'm happy to adjust them if that's what the commission wants me to do but after looking at other funding agreements i i actually looked at bocas and i thought they it was a good start i just felt that was a better way to handle it to ensure that everyone's expectations were clear and that whatever they're pitching to you that's what their performance standards are because i know there was some issue with you know the city asking them to come up with their performance measures well we don't have to do that that should be in their application it should be and frankly the way that i view this is because that up that funding agreement is going to be the same as it isn't going to be subject to changes right they can complete that with their application submit everything to the city so that on october 1st everything's ready to go okay i just think the thing is they were i would i was just asking him to sit down and take their input because i don't the the terms in there are really just legal terms that have to be in an agreement public records you verify there's just there's a lot of legal requirements now that come from tallahassee that it made a five-page agreement go to 12 pages because they have to be in there and you know we can't shortchange it so that's what really the brunt of the agreement i think he can explain to you later or another day what the but i just want to be clear they're ready to go understood completed them mr orish just needs to put the name of the organization the address had them executed okay they'll be before you and i did the dda's is complete and that'll be on the december 8th agenda so as commissioner cassell as you and i discussed earlier and as i committed during the november 18th regular city commission meeting these items are to be before city commission via consent agenda authorization consideration for authorization december 8th one week from today and once that is achieved i will endeavor to meet with non-profit organizations both mrs and myself regarding expectations as outlined and i'll be happy to endeavor accordingly so that is committed thank you thank you all i have for the evening um i want to thank the city of delray beach and all this and all the not-for-profits and everybody here that all the work they did to make thanksgiving really meaningful for an awful lot of people you know i noted the fire department the police department the elks the the rotary uh chuck halberg's group and some other you know other groups that really really go the extra mile to make make this holiday meaningful to first people that really don't have much and and i don't it's part of really what we are in delray beach and and i i i had i included a little bit of that in my newsletter and i really meant it that you know we are such a special place and it's it's it's always amazing to me when i just when i see just how much this little four by four mile by four mile city generates in terms of helping others helping each other and and just helping the city and i just wanted to that's all i wanted to say i hope everyone had a great thanksgiving um i look forward to everybody's list next week and we're adjourned except rob tree lighting tomorrow