good evening everyone we're going to call the meeting of the city commission regular meeting today tuesday january 6th to order roll call please commissioner marker here commissioner cathel here deputy vice mayor burns here we have a quorum thank you stand for the pledge of allegiance thank you you may be seated okay i'm gonna look at the agenda and uh get an agenda approval are there any items to be pulled i think i had one i think not for me okay there i did have one uh 6k i didn't find anything in the backup materials i wanted to just get a discussion on that so item 6k i'd like to pull 7a 7a thank you are there any others i have one addition i'd like to make are we okay um we pulled the discussion around vice mayor deputy vice mayor that was originally on the agenda and i would like us to talk about that i think that that's an important one for us to add if if we could have a discussion on that um is it appropriate for that to be done at commissioner comments uh city attorney or where where would we put that um because it was an item that was pulled i think you can maybe discuss it during commissioner comments and then if there's consensus we can put on the next agenda okay is that okay commission yeah i mean i'd like to do it sooner rather than later i think it's a pretty important topic you know business continuity in the world today is really important and we do have a vacancy and i i think it i think it warrants a discussion sooner rather than later absolutely okay so you why did it get pulled so in speaking with mr moore um my position was that it's at this point in time because there's only four members of the commission it's an unnecessary appointment if you think about it if the mayor and the vice mayor are not present for a meeting there would be no meeting because there would be no quorum with four people that would mean there's only two people at a meeting we wouldn't be able to have a meeting now in the event that we did select the fifth member of the commission to replace commissioner long then the conversation would be poignant because you would have a need to potentially have a meeting if the mayor and the vice mayor were out so my position was legally it wasn't something that needed to be addressed furthermore when you read the charter the charter is very clear that if the vice mayor is absent the deputy vice mayor like we have today assumes a role of the mayor and the vice mayor okay thank you so are you you're still okay with bringing it up at your uh commissioner comments i'll bring it up in comments like you know and i apologize to those in the audience i come out of the corporate world and business continuity is always really important particularly in the world we're in it's a volatile world and making sure that you've you've got governance in place if anything goes wrong at any point is really important for our city so i think this is a topic we we should discuss and uh figure out where we're going to go and i think it can be a very delicate situation it doesn't feel delicate right now because there's nothing burning but if we were to get into a sit well sorry um but if we would if something if something was i can't use on fire now oh my adjectives are out but if there was a if there if there was a situation if there was a situation that was you know potentially volatile for the city we would want to make sure that we have a structure in place to be able to address it right away okay that that wouldn't be one where we want to not be ready okay so so we'll discuss it later and then a senior attorney can weigh in on it as well okay so six k one is seven a a yes well oh one one moment so six k one commissioner um deputy vice mayor is the report of appealable land use is that the one you meant to pull i thought it was um no it's with the ship oh it was before it's the one with the ship it's the technical revision uh to the to the ship the l half right that is okay i'm looking at mine it's because these agendas keep changing literally within hours before the meetings which causes complete chaos six i six so it's six six i instead of six k so six i will be seven eight okay can i get an approval with the so moved need a second second okay um all in favor all right okay thank you let's move on to uh presentations mr moore we have a presentation by miss about are you going to introduce this i'll be happy to initiate that so i'll bring forth education and external opportunities manager jenai bowens the city of derry beach recently instituted the excellence and educators education pace setters award program it's actually a collaboration with via the office of the city manager along with the delray beach police department and we are pretty well attended this evening because a number of young people are being recognized via this effort and parents and family members are here to support the young people's efforts so with that miss bowens if you would please facilitate the presentations and that we'll take care of it thank you good afternoon my name is jenai bowens education and external opportunities manager here to present this quarter's pace setter award in collaboration with the city of delray beach's police department and our chief of police mr daryl hunter the pace setters award is granted to students within delray beach public schools that demonstrate academic excellence leadership and civic responsibility each student winner is nominated by a teacher or school leader the adults who see the hard work attitude and effort up close our student leaders are selected because they consistently show professionalism by treating others with respect accountability by taking responsibility for their actions consistency by doing their absolute best day after day and engagement by showing up ready to learn and participate being a pace setter means our students lead by example they set the pace for their classmates through their choices work ethic and commitment to excellence our students we are incredibly proud of our delray beach pace setters keep setting the standard keep believing in yourself and keep moving forward because others are watching and learning from you congratulations pace setters when i call your name please come to the front for a group photo from atlantic atlantic high school our pace setters of this quarter is janess morales tiana mcgraw and rihanna exantis from carver middle school we have barbara charitable kian han and tijon ellis from village academy we have amaya wriggleman mcgoldie montrose and leila christopher pine grove elementary we have kaylin clarivalis joaquin fontilis and scarlet granados orchard elementary we have whitney premier beelens adams and jonathan joseph from banyan creek elementary we have brixton azatov matthew cert and joaquin dorvalis from sd spady elementary we have frederick newton riley duncan and jaylen franks and last but not least from plumosa school of the arts we have jaciana adams arabella williams and victor mason congratulations case setters for everybody a moment to okay we are waiting for the we missed them oh we should congratulate them um can we add two kids we have uh some some of our students some of our pace setter award winners have just walked in so we want to congratulate them as well did we want to get a picture or we we need to do that okay let's do that what's their name what is their name what are your names oh i don't have the list could you tell her your name and she can announce it what school are you what school are you copper middle bowl okay so we have these two students from carbon middle i think it's kian han and who's the second young man oh just his brother oh family support hey that was great great way to start out the new year okay next on our agenda we have another presentation the sister cities presentation there's more yes ma'am thank you vice mayor so we have with us dr daphne anton on behalf of the sister cities initiative along with pastor tony durant is with us as well so they wish to offer a brief update in terms of opportunities for programming and vision moving forward in that regard so if you all can please come forward to offer the brief presentation to the city commission that would be great and welcome happy new year thank you and happy new year to everyone please excuse my voice oh yes but that's okay i'm still thriving um i just would like to say thank you for opening the stage for us and for me and tony and we have a part of our board and as we are here to truly share the pride that we have for sister cities i have a very long slide but we'll go through it really fast i'd like to take this opportunity to introduce um for those who are not aware of all the wonderful things that sister cities have been doing for the past 49 years um next year 2027 will be 50 years and we're going to be celebrating relation with um more with um japan he has a japan and we're going to be doing some work in collaboration with morikami museum to really spotlight could you pull the mic closer to you oh sorry i'm closer thank you i'm usually louder and to truly spotlight all the wonderful relationship we've created with our four sister cities as you can see up there we have the flag of japan which was our first relation 49 years we have moshi tanzania that we just celebrated 25 years last year we had the honor of um of hosting the ambassador to tanzania here for the safari dinner and for the global alliance breakfast that we held which the mayor and the minister terrence was able um sorry mr moore was able to join us um and then we have haiti and followed by italy but this year's focus is going to be on italy so it's going to be really exciting i'm going to go through the slides really fast this is how i manage it so um just um quick information about sister city and this slide could be made available if anyone would like to go through it more in depth so this is talking about our sister city relations um this is a mission of sister city itself and this information was taken from their website and then we have um about us our sister city which was established in 1977 when the morikami museum was was given to delray beach and that's what inspired for delray to establish the relationship with um with miyazu and in 1999 we added um the partnership with moshi subsequently we ended up adding um haiti and italy and these are the flags of the cities um this i'm not going to really go through it but we the most um active program that we have so far and we plan to add much more which is our ambassador program every two years we send our students from delray beach to miyazu japan with tony um and and we have elma so ashley who is our alumni who now sits on our board who has not only benefited from the program but now she's given back and we have the ambassador program every every two years we get students um in alternate years we get students here from moshi tanzini and this last year we delray i was so proud on how beautifully we welcomed the students into our city and we had the japanese flag flying very high um and because they did the same for us and i think we did proud for delray as the way they welcomed us and tony will be giving you some more information about that and if you'd like to learn more about the program please feel free to contact us these are past photos of students and their visits um the way i got involved with the program is because my daughter got involved with it and now i am now the president so i really encourage people i know she's she's she's moved on and i'm still here but so much with pride and joy um i really believe in the program i'm i'm very big on international mindedness because i really believe when we expose our students our young minds to the world they really deliver big um so it's not to keep them small it's to keep them big that's why with the four cities we have if you look at it we have haiti which is the caribbean we have italy which is europe and we have um moshe tanzini which is africa and then we have japan which is asia delray we've done well we've done really well um hopefully once we have this fully you know um with a lot of programs we'll add some more but for now i'm very proud of all the sister cities we have relations with and um this was our ambassador um trip in 2016 and in japan and mom they have a school that's where their school and on a ship and that's the students who got to go on the ship in order to um experience what their school is like it's a really unique opportunity i'm going to go ahead and pass this on to tony and ashley who's going to speak on the program um the the lady that you see here is landis she is a local artist for um um one of i think it was for i don't remember which anniversary but tony oh this was when the students went as a gift i just send gift to us we send gifts to them and we selected this gift from one of our local artists whose house at arts warehouse and with pride that i always you know um as an organization we try to also spotlight the wonderful things that are in our city including the artists so um we went through arts warehouse myself and nancy king and we selected landis and her piece is hanging up in the um in the city hall and and motion and miyasu japan so we represent well delray so i'm going to go ahead and pass this on to tony and then i'll come back with some more final details thank you everyone for your time well it's all about building bridges bridges bridges between nations and sister cities and the bridges can be made of steel or wood um and in japan amano hashidate is actually a sand spit which is called bridge across the heavens which for which it's famous but for us in sister cities it's about built building bridges that are people and with student ambassador program it's about building bridges with our youth and our young people and just a way to know that it can change the world but also change the lives of some of the people so one particular student phoebe wiener who was one of the students because of her experience with sister cities because of her learning about japan she went on to be hired with nbc today show when they did the coverage of the olympics in japan she was the one person who could understand the language both in english and japanese and could communicate and so that's one person but in japan there's a young man who came to stay with us who went on to work for apple and because of his english that he learned here and allowed him for him to function well in that company as well but i'm gonna let ashley share just for a couple of minutes about what sister cities has been good evening good evening everyone so as tony and daphne had mentioned i was initially a sister cities ambassador program member and then i recently graduated college and i had such a great experience with the ambassadorship program i wanted to come back to the board but the ambassadorship program for me it was beautiful i was able to host my sister my host sister in my home and we showed her around delray showed her um the ave we took her out to our favorite restaurants um i call her my sister my parents call her their daughter so that was a lovely experience and then i was able to go over to miyazu japan and be hosted by my other sister and basically do the same thing that we got to do for my host sister here so i got to explore miyazu first hand go grocery shopping with them go to their after school activities with them um and then also tour kyoto as well it's a beautiful historical city but i've just had a great great experience with um sister cities and with my host families multiple host families and i love the program so much that i wanted to come back and now i'm serving as a board member and daphne and tony and the whole board were very kind and welcomed me with open arms thank you okay um so what i'm gonna do is because um i'm gonna move on to this was when they their last visit that delray did in delray and this is how they welcomed us with the pictures this is when we welcomed our student the japanese students here in delray and oh my god did delray do proud um we really welcomed them in such a beautiful way and thank you mr morio for your office for coordinating this and i don't see mr orris here but um it was a really beautiful experience um and this um this this couple here he was a student ambassador and when he got married he came to delray for his honeymoon so oh he's the one who works yeah and so we gotta keep and this was another gift we sent um tony has always been good to give um to deliver the gifts to the um anyway so we gotta move i know i'm looking at the time um so this is like our sister cities um this was the signing for the um italy and then we had when moshi um had a delegation that came to delray i don't have the year i wanted to put this slide up aside from all the wonderful things that has happened within the japanese um connection um delray may not know of this i went to haiti and i went to akin haiti which is one of our sister city when i went there and i saw that their um operating room had got caught on fire what sister city did is that i called around and i actually got a bed delivered to them in some medical supply on behalf of delray beach sister cities so i wanted you guys to see what it looked like and what it looked like what it looked like before i don't have the after pictures because i had to coordinate for someone to deliver it to them but just know that we made an impact in that hospital and i cried when i heard a woman crying and i knew she was possibly giving birth and knew that was not an operating room so that was very personal these are similar programs we do we had um art exhibit that we do at arts warehouse usually in may for haitian flag day the activity we do with rotary all these pictures are available these are kids who learned how to do um the traditional um tanzanian cloth and they did that for our first do good delray program and this is the beautiful cloth that these kids made and they were students from plamosa i again try to incorporate um organizations in the community because together we stand strong and we make a greater impact and um so this is um our first do good delray so thank you thank you everyone for your time if you'd like to get access to the slides they're more you're more than welcome to it and um i just want to um yeah so this is our youth program just the last one that we did last year and just want to thank everyone who helped made it possible and this year we hope to expand it thank you thank you such a great program uh is there yes yeah thanks um i had the opportunity because tony asked and who can say no to tony when he asks i hosted a student for the first time from japan it was an absolutely amazing experience for my family life altering i would argue when you say sister it truly does feel like you just acquired another child in your family and um we keep in touch weekly and the child uh is um going to flight attendant school because she hopes to come here one day and i hope she does as well and i asked you to come and do this presentation because before before meeting tony i had no idea about this program that we had it in the city what it did but more important not only i want people to understand the that this is quite an amazing program and the value it provides to our students and students from all over the world but also what are the needs what do you need do you need volunteers do you need if you could just talk for a moment about what what you're looking for in the city you know you're here today to reach out and say this is what we need because i i want to help you yes definitely we need more volunteers and we'd like people to once they know about the program to take the same pride that we do in the program and i'd like to develop the youth leadership program um because again it's investing in our youth right um the program was really amazing we were we were fortunate enough to use this space um at old school square and the kids got to experience all four of our sister cities culture and but all the program is rooted in self-image right so it doesn't matter how i deliver it i make sure that it's rooted in self-image because that's what it's about it's building the self-confidence and building the self of the youth because that's how we build a future because they are the future it's to invest in their mind they invest in their being so all the programs that we do in the youth leadership program enhance them and their confidence right and if someone wants to volunteer how do they um contact you to volunteer um they could go on our website um let me see where i don't know so this is from the youth leadership program this is the broader lines there was so much we did last year so much um this was for from our dinner we did up there somewhere um i oh yeah the tanzania ambassador that came yeah it's just so much um i really would invite you guys to um this was the ambassador and we had um yeah that was nambu um and shell who started the program for and those are youth ambassador team program there i'm looking for the website i can make that available um i think i'm going backwards my apologies if not people should be able to just look on the internet sister city's delray beach and locate you yeah and also this image you see here has been on the sister city website promoting their um young artist program and the artist from this came from atlantic high school so delray we make an impact we make an impact that that image right there has been on their website since when that was like since 2016 when when she won that yeah so yeah we're making an impact all right thank you uh commissioner um market did you have something that you wanted to say i just want to say thank you for the great work that you're doing i think it's amazing um i you know when i went to high school back in in syracuse new york a million years ago we had a program that barely scratched the surface compared to what you're doing here and it was really valuable then and i look at the difference that you're making in the community here and i can't thank you enough i mean these are having somebody who's lived over overseas a lot this is great to be exposing these young minds to this and i i applaud you for all the work you do so thank you yeah thank you all right thank you commissioner casale for the invitation as well my pleasure thank you for coming and thank you for your time everyone thank you okay thank you so we are at uh city manager more comments and inquiries on agenda and non-agenda items for the party yes ma'am so in addition to the item that's referenced regarding update and clarity concerning barwick road construction we've offered a commitment during the last city commission meeting of december 8 2025 to provide a summary in terms of why we are where we are however before facilitating that presentation i'd like to offer an opportunity for director of utilities sasan harjamiri to provide a very brief update in terms of the path forward relative to the raw water main break that occurred over the weekend and of course we were extremely busy day is typically involved early saturday morning however more so the case this time around and this is important for city commission to be aware because emergency expenditures have been authorized to proceed in this regard as well as potential claims because this was a function of contractor error so we are proceeding to get this squared away immediately and that matter taken care of so i'll ask hassan harjamiri to please come forward and be here this evening to offer clarity and update as it relates to protocols for any individual property owners that may have questions or concerns regarding the matter enabling the city of dairy beach to be responsive accordingly so mr hajamiri if you would please briefly update the commission and likewise the public in terms of the path forward and i think that will be productive thank you very much uh good evening deputy vice mayor commissioner hassan harjamiri utilities department as mr moore stated on early hours of saturday morning around 4 a.m um or during the drilling for our deep injection well which is part of the new water treatment plant a raw water main was impacted considering that site is very old it's 60 plus years old um so there are a lot of um treasures that are hidden underground and uh so this time even though we we had a pretty good idea of where they were but um unfortunately that happened as a result of that there were some um water flowing out of the uh when when these pipelines 36 inch pipeline can carry close to 20 million gallons per day so when that is uh impacted um millions of gallons of water can come out in in a daytime or so so make a long story short we were able to contain that by um 11 pm as far as the break itself um however in order to make sure that we have enough water for the uh city of the array um i authorized uh utilizing uh utilizing the interconnect that we have with uh palm beach county uh to interconnect with palm beach county one with the del rey and one with the boynton and today we close the point to interconnect so we only utilizing two we currently treating uh about eight to nine million gallons per day at the water plant that is toward the other pipeline that is coming um so with that said the quality of the water was never impacted um i work closely with um miss carter uh on saturday and sunday to make sure that we inform our customers as far as what's going on um and also requesting that uh cut down on the unnecessary use of drinking water for such irrigation or washing driveways or washing cars which uh hopefully they they will obey by that and i'm hoping uh for us to fully recover within a week uh there are also some other uh damages not directly related to this for our raw water main in um catherine strong park that we're working on that also um the contractor was authorized yesterday our emergency contractor that we have on contract with the city of del rey beach johnson davis so we're doing that um there was a leakage also at sherwood uh bulwark but that that that's not related to this project at all and is already been taken care of so there is only one raw water main um you know impacted at uh catherine strong park and also at the treatment plant side we're trying to um replace some of the defective valve that they were there that we discovered after this uh event so hopefully we don't have to deal with this for many many years to come but again i wanted sure that the water quality was not impacted it's the same water as we're drinking before and we went on the free chlorine burn we were supposed to go on free chlorine burn or we call them chlorine maintenance on monday but i had to expedite that on friday because palm beach county was on the chlorine burn and um so work closely with the department of health and they agreed to do that and that's what we are in so if there's any question i'd be more than happy to entertain um i i i was going to ask about the um catherine strong but you covered that so are there any questions that you have no i would say that you know these things unfortunately do happen and uh but i always whenever i get a text from you about an emergency i never worry because i know you have it under control and i always appreciate you mr hashemiri thank you commissioner mar yeah i also i'm not a water expert by any means but it was very it was great for me to see that we have these cooperative agreements with our sister cities um that are that's really smart plant urban planning for for all of us to have a backup if something goes wrong so i was glad that palm beach county and is it boca boca they were willing to cooperate and help us out in our moment of need and i'd like to say that we'll be there if you know turnabout's fair play if they have an issue in the future it is part of running the utilities i mean any utilities as you go you have to have an interconnect because you never know and we still have to maintain the the water for the many different purposes throughout the city it's not only drinking yeah it's for the fire protection is for so it is very very important to make sure that we have enough water with enough pressure throughout the city so we will do everything possible to make sure that that is uh in place that's great now like i said the those cooperative agreements are great it's terrific okay thank you mr hashemiri very well now we will return to missy barletto who by the way we have a an additional brief opportunity we'd like to discuss with the commission at the conclusion of the barwick road presentation should be brief but it's actually a good endeavor miss barletto if you would please good evening missy barletto director of public works i wanted to go over we've had several meetings where we've had residents of um the streets off of barwick road come and complain about turn radii and things that that are not exactly the way that they expected it to be and so i wanted to come in and clarify some of the things that are happening out there that roadway is changing it's different than what it was before um but the the radius and the ability to turn in and out of each of the streets is is still um it's still possible it's still within parameters and it's been designed to the city's current engineering design standards so this project overview just really quickly it is a federally funded grant that is is passed through the palm beach county metropolitan planning organization formerly known as the transportation planning agency and is administered by fdot the focus of this particular project is on pedestrian and bicycle accommodation making those much safer as this is a safe route to schools um area with carver middle school right there on one end of the project boundary um the the project it's in accordance with the city's complete streets pro policy that was adopted in 2016 and the improvements that are happening out there we're milling and resurfacing the existing roadway we're doing a great deal of underground drainage improvements um we're creating a 10-foot shared use use path excuse me on the east side of of the road on the same side as carver middle school there's a six-foot sidewalk on the west side of the road um we are installing mid-block pedestrian crossings where they did not exist before school flat school zone flashing lights and improving the street lighting in the street lighting infrastructure along there including pedestrian level lighting and upgrading the irrigation the construction of this project is set to be complete in the summer of 2026 so so sometime this summer will be complete with this project so keeping in mind that a lot of the people who are coming in to report about inconveniences are reporting about that mid-construction okay so the resident concerns that have been brought forward to us are the curb to curb widths on maurice drive francis drive northwest fifth court the location of stop bars on the side streets changes to turning radii different that make it difficult for larger vehicles with trailers and for um and they're also concerned about intersect intersections that they feel extended to the roadway so these are the engineering design standards they're um on uh on this side of the the page this is the engineering design standard straight out of the design manual that is upgraded every um every couple of years or so these are established to ensure consistency in accordance with best practices and roadway standards that are common throughout the state they um again they incorporate our complete streets policy that um that um that works to promote bicycle and pedestrian safety along with vehicle travel and this this engineering design standard cause for calls for a residential turn radius of 15 feet and a commercial to in debt or industrial radius from 25 to 50 feet in um in this area on maurice drive the turn radius before the project the radius was 29 to 30 feet which would have fallen into the commercial and industrial range um the constructed radius will be at 15 feet the same with with francis drive the prior radius was 28 and 27 feet depending on which corner it also will go to 15 feet and on northwest fifth court which is on the opposite end down by lake idah road those turn radius were 30 and 39 feet on one side so they were they were quite wide and quite long what a very um broad turning radius like that does is it creates a longer crosswalk where people pedestrians are in the roadway for a longer period of time which is why in a residential neighborhood we shorten up that turn radius to make the shorter crosswalk to improve pedestrian safety this is a picture of constructed maurice drive the construction here on the east side of the roadway has been completed the turn radius here is 15 feet um one of the the concerns was the width of the asphalt in the in that area so there's been no narrowing of the roadway just the turn radius is a little bit sharper and that moves the stop bar out closer to barwick road a little bit and it shortens up the distance of that crosswalk because it doesn't go in the middle of the turn radius it goes from the end of the turn radius so it's just across the two lanes of traffic so before construction the width of the asphalt here was 21 feet after construction it's 20.82 feet it's a difference of two inches so you can see on the plan set above if you look here there's a very faint line right here that's what the original turn radius was so instead of stopping to turn out onto barwick road here the way you do now you would have stopped down here so that made for a longer crosswalk across here than this tighter turn radius does on francis drive the east side is completed so far the turn radius is 15 feet the asphalt width before construction was 20 feet after construction it's 18.84 feet that minimum roadway width has not been accepted by the city it is not approved as constructed the design engineer is redrawing plans in that that asphalt width will be widened before the end of this project so on um on this this side on the south side of the street you can see here where the the grass line was and the actual edge of the asphalt is back here so the grass had grown out over the asphalt the contractor originally built the the edge of the valley curb to where the the grass had grown over the asphalt instead of back here where it should be so this will be this will be widened and then this francis drive will have the same same asphalt width that it had pre-construction on northwest fifth court the west side of the street is the one that that has been um commented on the radius here is also 15 feet the asphalt width before construction was 24 feet after construction it's 24 feet and again just the radius that used to go somewhat wider at the end has been tightened up just a little bit and and the stop bar moved closer to barwick road so some of the additional information about um about the project the pavement as you can see in the prior pictures there's a drop between the edge of the valley gutter and the existing pavement by the time that the project has been completed and all of the asphalt has been laid that will be level there won't be there won't be a lip there um stop bar locations are going to be moved forward closer to barwick road to adjust for the shorter turn radius the fire apparatus has been out to the area and is able to navigate all of the turns the project website if you want to go and take a look at project pictures is barwick project.com and then here in this um in the photos on this slide this is um this is maurice pre-condition this is maurice after condition and one of the um public speakers had asked us to go out there and take pictures of cars in the intersection making the turns to see if it was possible for them to do that this bottom picture is is um that delivery on on that request so if you have any questions about about what's going on with the with the project i'm happy to answer them okay thank you um so i'm understanding that adjustments are going to be made prior to the ending in 2020 summer 2026 the lip is going to be removed northwest fifth court is going to have some adjustments francis drive only francis drive is going to have adjustments the other ones are as designed right okay all right thank you um commissioner market you have any questions nothing further no i have no questions because you answered them and in the pictures it does i think when the construction is happening sometimes it's but if you see the pictures the way the road is lining up it's no it's no more narrow than it was uh and i i guess i i feel for the residents who keep coming in and asking questions but please know that our staff is very engaging and we're doing our best and hopefully you can review the items online and when the project is complete we hope that you are very satisfied thank you missy thank you thank you no sir you may not sorry uh you may comment at public comment at the time of public comment all right so mr moore is is that all there's one other brief item and please forgive me for perpetuating suspense when i made the comment that we will offer one additional update a little while ago but it actually relates to the dairy beach municipal golf course renovation program as anyone can now see us progressing quite steadily there's a lot of work underway and there's an opportunity concerning a specific banyan tree we would like to address briefly with the city commission as we continue to engage the project so miss barletto and i had an opportunity to spend a little bit of time today a little bit of time today pardon me and it was decided that we briefly update the city commission in terms of the opportunity being made available so miss barletto once again and this should be very brief so um his son stole my thunder that's not unusual but he started talking about buried treasure which was going to be the theme of this conversation for me i don't very often come to you in the middle of building a project where i have found buried treasure and in this particular case as we were clearing the the golf course we have come across a banyan tree on the golf course that is we knew that there was banyan trees there but once we uncovered the base of the banyan trees we have discovered that it is one single very large banyan tree it takes up about a half an acre it is probably the largest banyan tree in south county there are some that are equal size and approaching maybe a little bit larger in north county but this is probably the largest banyan tree in the south county area so you can see if you look at the bigger picture you see the little kind of blue dot that's in the middle kind of in the middle toward the bottom that is a man who is nearly as tall as commissioner market so so just to give you just to give you uh uh some some perspective on on how large this tree is on the the top um top right corner up there that is an aerial photo of the golf course from 1953 this tree is pictured in that yellow circle so this tree has been here for for longer than i am old which is saying something and there is a problem and that's why i'm bringing our found treasure before a commission tonight so if you look at the bottom right picture where the yellow dot is excuse me that's our our grand banyan tree and you can see that it goes somewhat over the canal we're currently in the process of working with lakeworth drainage district to get all of our our permits for the golf course excuse me i am so sorry and they are asking us to remove this tree yeah so so i'm here to to let the commission know and to get your consensus i can go before the board of the lakeworth drainage district and ask for a variance to this permit it will delay our getting the permit it has the potential to delay the construction of the project a little bit but i feel like we can also make that time up during construction the i will tell you that both the course designer and the contractor are very committed to keeping this tree so i feel like they're going to be very much on board to helping us make up whatever time we might lose from petitioning to save the tree and that's um i have a lot of information oh you're so good to me i have a lot of information about the tree we've had an arborist go out and check it to make sure that it's in good enough health for us to to fight for it it is in good health it is um it has a a robust canopy it is a very pretty tree you can see it from the back windows of the clubhouse it is um it's it's in good shape the arborist that looked at it feels like it may be a candidate for a florida forest service champion tree award and we if we get the opportunity to keep this tree then we we can pursue that designation the um the implications financially for keeping the tree the things that we are going to be required to do by the lakeworth drainage district is that should we have a major storm that knocks the tree over into the canal we have to commit to removing the tree immediately which of course we would do anyway because that's protecting the health and safety of our residents but that will mean that we will probably have to add a codicil to our debris removal contract um which i don't think is going to be a big deal but i wouldn't be be transparent if i didn't tell you all of the potential repercussions from from um time and cost yeah i think they're doable but that's just yeah i'm all for it i just wanted to just make a comment on the timeline of the project oh i thought this was on i apologize um that just of a note the construction crews are working at like an incredible pace right now so like even more so to your point about any delays or stuff that like there there are three crews that started this all at once they made tremendous progress right away here in december so um i'm confident that the the project will roll right along with minimal timing issues as well so i think it's an opportunity okay well you have two um yeah commissioner marker you want to save this tree i have a question how many times has this tree stopped your ball from going into the water sam because there's more i mean i never hit it toward the water mr mark yeah i know i know i've never hit this tree either no but to her comments earlier the interesting part was it didn't appear to be one tree it's crazy with the other foliage and trees in front of it as we cleared away we were all surprised that it wasn't just a row of trees that it was one big big tree yeah so another way to to give you some perspective on exactly how big this tree is if you see the row of parallel laying on the ground things that are in front of the tree those are telephone poles oh wow that's how large this tree is and uh and the roots have gone all up around them there we have some really beautiful pictures of it looks like the the roots are holding the phone poles in their hands it's very uh very save the tree this is a no-brainer yeah and i would say consensus yeah and if i may super quick thank you i fit i was over there and the progress it's unbelievable how quickly they're moving so i agree with you the time i know both it's both of you it's all of you thank you all thank you okay miss moore i got at this time thank you ma'am thank you all right the this meeting is now open to public comment from anyone wishing to speak on any topic or agenda item other than quasi-judicial items and public hearing items 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 and state your name and zip code for the record you'll have three minutes mantra bennett three three four four four thank y'all for saving the tree i thought i was gonna have to go out there and hug the tree um two i want to thank the police department and the fire department uh on behalf of the set neighborhood alliance for our 12 days of christmas events uh the the police chief and the fire chief brought santa claus to the block party and they also allowed the one of the fellow officers to be santa claus at the pajama block party um and speaking of i heard the conversation earlier about the vice mayor and all that type of stuff um two i really believe y'all should appoint miss evon odom to that position i believe she's a fair candidate uh she is not for herself and she is truly for the community and her decisions will be based upon community and not for her self-interest um dang it's dark out there um just do the right thing always don't put your own personal issues ahead of the people because at the end of the day it's always about the people it's not about you it's about what you do for the citizens of dairy beach thank you thank you good evening my name is miguel poveda i'm at francis drive and i'm here as part of the group of the tenants or the tenants the residents of that area about the barwick construction i was here on december 8th and i spoke you may not remember me i had a beard at the time but christmas is over so i shaved i don't work anymore on the 25th uh we're here on a serious note we're really concerned about what's going on now i do appreciate miss barletto uh speaking and saying that there are going to be changes on francis drive both maurice and francis have been restricted with the asset access but francis is really tight and i think that even the videos or the pictures do not show the amount of extreme change to the radius of turning in that intersection i would like to see someone go there in person i spoke to mr moore last month uh thank you very much for your time i appreciate it and the thing is i'm glad i got to commend you i'm glad that you're doing something about it and you're addressing the issue which was my real concern at first that nobody cared and apparently we are in the county not in the city so i feel like the redheaded stepchild all the time when i'm there because we're being ignored but it's taken up uh quite a bit of room for the turning radiance and it's not just an inconvenience it is an inconvenience but it's really a safety issue when i see garbage trucks and i filmed them leaving on a saturday morning making a right turn on from francis onto barwick to head north the garbage truck has to go into the left lane in order to navigate that turn now i'm concerned even about fire department getting there i heard the comment that the vehicles have been going there but i find that very hard to believe because it's incredibly narrow i have an suv it's very small and i have trouble turning those lanes but i'm more concerned about the issues about safety for pedestrians and cyclists bicycles for sure now i do work at carver middle school and i'm happy to be with one of the teachers here that that i've seen there before we do project at the school and i live there and i see the children coming by and children they're adolescents 13 14 years old and maybe a little bit uh with the hormones going they might be a little bit more out of control when they leave school there's no supervision going by there i'm really concerned that the extents of that sidewalk going into and encroaching upon francis drive itself it's making them come up right to the very edge of the road before they cross the crosswalk this to me is a safety issue if they're not paying attention it's problematical they're not standing back far enough because the sidewalk has extended so much so it's not so much that it's it's prohibiting turns coming in or leaving in any way especially from the work vehicles that come in there and we have because all the properties are nearly an acre there's always a lot of work landscaping that's going by so vehicles need room to get and navigate into that street so i want to thank you for addressing it i would like to be contacted see if we get a closer look so we solve the problem the right way and we try to mitigate it by coming in earlier before construction was done so i hope that we can get something for it but i want to thank you for addressing and i like i look forward to hearing from you and hopefully getting good results thank you thank you for your time the ray beach i brought one book two books i would one book that i was doing business development i especially brought it for you to show it to you okay okay i pass it down so you can see how much work it takes to develop a business because i know you do that work am i right sure so i spent 10 years in college to learn that plus 60 years of my life to learn that i have here another book that was written by michael seller a pulitzer prize winner he writes to my good friend michael wind the truth seeker that's how they call me because i'm 100 percent honest in government it's 90 percent bullshit it's all dishonesty especially with the democrats they made it the whole world criminal not just a few people the whole world everything every single aspect of our life is criminal i was born in siberia across the street from a labor camp that my father was captured by soviets it comes from poland first he was captured by germans he escaped and got captured by germans finished the war i came here to take care of my mother she was 90 years old among all the illegal construction of the criminal town this town it's a criminal town i reported it to the city manager he didn't do nothing but it's okay because she's there already there's nothing you can do when a person is dead my mother was everything to me she brought me from siberia where i lived in 50 below zero where i say now i have no idea how i'm still alive to survive all that my mother that never did wrong to anybody never drank she was a decent human being she was a model mother she died in this town in this criminal town low-life town of alcoholics and rehab ha ha that's the town it's not a normal town that's the town the nonsense from these people that's the town it's nothing zero police department what police department have you ever seen police sitting here and listening to these commissioners and see if there's something illegal here they have no idea all right thank you mr win thank you thank you thank you we'll see you next time thank you thank you i come to this time the first thing i stop is the library this library is big mr winn your time is up we have people standing behind you you're just three minutes sir thank you so much came to the library dirty white woman one black woman um so what's the procedure that's why black people what what fall behind right from the start excuse me sir we don't want this to escalate sir we do not want this to escalate please follow the rules follow the rules sir yes thank you so much all right that's okay good evening well mayor acting mayor commissioner yvonne odom i'm coming here with some good news i've got four things that i want to share publicly that happened to me personally because we don't give enough credit to our city workers my husband and i've been in my house for well over 40 years and you know as 40 years go by the water line is rotting anyway the uh everything sank and a crew came out i wasn't there but my daughter videotaped it those guys dug a hole so deep till he was this high all you could see was his hard hat and they fixed it by the time i came home it was like nothing had happened so i want to give kudos i know it was gene taver's crew and they fixed it and everything as well the second thing happened was code enforcement at one of the burning conversations i just happened to mention about a hedge that was going in the stop sign you couldn't see it when i was coming out on my street lo and behold this guy came out and the owner had to cut the head so now we can see the stop sign the third thing was today the water department my neighbor of over 40 years and he's not a very nice person and so i told him look i'll go down to the water department and help you get this straight so we did that we got that done we were very nice they were very cordial because it was one of those situations where his name is not on the bill and you know you have to follow protocol and sometimes our citizens don't understand that so i want to give kudos to those ladies in the water department and my good friend terrence who was like intervening and the last thing i don't know if i should say this though you started say i'ma say it anyway but i was going on my street and i was speeding i didn't know i was speeding oh and a young officer came and he called me by my name and i'm like how you know my name so good he said miss odom you taught me at middle school he was very nice and he reminded me of the speed limit on my small street so close to i don't see mr hutter here but he was very nice and he reminded that i i was one of his former students at middle school so be nice to kids they grow up in b cox thank you so much thank you good evening everybody ed mccall maurice drive and this is a question maybe for miss barletto can address when you go up barwick road north of maurice and francis up further the sidewalk goes straight and right now there's a curb that's angled out into barwick road now maybe that's going to be corrected but it's a weird thing right now you're driving up there and all of a sudden here comes this concrete coming at you in the road so maybe the road's gonna straighten out or something but it's uh right now it's kind of weird the way it sticks out and i agree with the turning radius it is very dangerous trying to get out and you and you're going out into the other lane right now hope that gets corrected and thank you for the update page also francis drive 33445 uh yep with your name again sir up greg page uh the same uh situation just concurred they both had the points that i was going to mention uh we do pull out into the oncoming traffic when we go north out of francis drive it's almost unavoidable it seems like there's a bit of concrete that's in bar in the road itself that doesn't need to be there very simple fix on all of these is just a slight bevel on on the entrance and the exit areas and also he just mentioned that part on and i don't know why they can't do a straight line down barwick road uh how the concrete comes out into the road and then jets back later and then uh straight lines are much easier to navigate i think not a whole lot more than that other than uh remind everybody about the new speed cameras you installed uh some of you don't know that you installed speed cameras who answer the phone about them uh these are going going to be taking effect i've got my warning uh letter already and and and i appreciate it's a warning letter you know because i had no idea that i was doing uh 45 and a 30 which i wasn't which i immediately got back to you guys to let you know there might be some calibration before you go live with this uh that's needed it's almost impossible to 45 where where it happened by trinity but now i'm aware there's at carver and at banyan the same setup uh also there's no posting of time on school so i was told well go about a half hour before half hour after stay at the the lower speed uh don't worry about the flashing light if the light's not flashing still reduce the speed everybody needs to be clear on that because there's going to be a lot of tickets given out so that's the news thank you sir i saw one of this has a time good evening good evening i'd like to wish everyone a happy and i'm sorry shirley johnson uh 33483 um happy new year happy and prosperous new year to one and all a city is known by many things a few are harmony on the legislative body and legislate and leadership in the executive branch you know best the status of each i wish to express my dismay on how the residents were treated during the recent raw water treatment um i'm sorry raw water main break on southwest fourth avenue it's carter uh when were the residents informed full disclosure i am a member of um st matthew's episcopal church which is located at north i'm sorry southwest fourth avenue and third street uh again when were the residents informed i tried to do a timeline but did not have very much success what i had to work with was um did the break occur um when did the break occur saturday at on the third of january at 12 36 p.m messages began um to my phone about water around the church again at southwest fourth avenue and southwest third street number two a resident of a different community actually drove through uh on rather fourth avenue from linton north all the way to third street without any uh encumbrances signs uh banners usually when there's something there's an emergency that's set up and no through uh no through traffic is allowed there was nothing i don't know when it was fixed i don't know when the water went down but anyone who came through that might have been a little taken aback because there's water in the roadway i have videos if anyone would be interested in having them um were the residents on fourth avenue given immediate information about the water because from what i can understand the street was very flooded and i don't know how far it went into their um onto their property when i got my notice from the city and i failed to write the time down it said crisis 24. i did not recognize what that was is have there been 23 others that i missed or is this some kind of new thing that you're working on what is crisis 24. was the water contaminated i hear that it was very odorous and very dark don't know but i did find out that the health department has been contacted about it now for financial responsibility i hope that the city chose a contractor who's experienced in cities that are over 100 years old we don't know what's in the ground anywhere in this city we need to have a thorough and i don't want to say the i'll give sorry thank you thank you and um commissioner uh mr huddenberry gave a presentation you missed it right just before you came in so i i'm gonna ask him to update you on um i i arrived just as he was starting it okay good okay thank you i heard most of it i'm a little surprised that um first of all let me thank the city workers because they need to be compensated thank you albert richwagon 33444 i want to say kudos to missy barletto and her entire team i had a an issue with uh some sidewalks and some cleanup and they were out there within a few days to clean it all up i'd also like to say that i am the delray beach city appointed liaison citizen advisory council for the mpo and that the barrick road improvements meet federal standards and they are specifically designed to protect pedestrians and bicyclists i had a kid evan rimar who was killed on barwick road over 10 years ago he was on my mountain bike team uh so the improvements on barwick road are a long time coming the guardrail is was not a very slightly uh very nice site and the improvements will be nice yes the cur the shorter turns are difficult to navigate but uh it's specifically designed to slow down traffic and to make it safer for pedestrians and bicyclists i'd also like to say happy new year to everyone and my final question is what is going on with subculture coffee i've written emails i got a minuscule response from a few commissioners um no daniel rose is not crazy we deal with the hazard and nuisance every day i've had bad google reviews i've had the police many times come to ask people to leave my parking lot who refused um i understand it's a new business that needs to be needed a new home because it lost its old home and as much as i respect rodney and what he does for delray with its restaurants i can't uh be next to that for very much longer it's been over a year it's uh it's just not sustainable it's uh it's it's just too much i can't i'm not a parking lot police um the police were appointed to make a report and to i was instructed specifically to only text on officer williams which i did for over two months now i would love to see that report and i would love for you all to see it and to just find out what we can do to solve the issue has mr mayo paid his in lieu of and has he re as he abided by all of the requirements for him to have the in lieu of approval which i believe stated he needed an off-site parking lot he had that for he had a year lease on it he paid the rent for one month i know the landowner he didn't pay for 11 months they recently kicked him out and they're towing cars daily so between the towing at his off-site lot his patrons parking in my lot and telling me that i won't use the word it's just not enjoyable anymore my mom has been read read up and down told to mind her own effing business old lady for her asking somebody to not park in our parking lot so it's just not it's not sustainable anymore so um i i sent an email to everyone i'm sure you read it thank you thank you um can we have someone get with mr richwagon later on to talk about this what's the procedure i mean i'm happy to update i i didn't see the email so but i'm i didn't see the email either okay all right we can update at the end okay so mr richwagon we'll have the city attorney get with you to give you an update so thank you hi everybody marjorie waldo from arts garage happy new year to everyone i hope it's full of joy and laughter and love and family i have been incredibly grateful to our city for over 20 years i've lived here since 1999 and worked in the city since 2002 as i have never known a municipality that is as committed and passionate about the people and businesses that make up our community as you all are i feel especially thankful as i make this public public comment for your continued support of arts garage we have executed our funding agreement for 25 26 and we have received our payment along with my team of magical staff dedicated volunteers and passionate board members i am incredibly grateful for your continued support we are committed to provide incredible arts and culture experiences for our community and we take seriously our responsibility as your partner thank you for trusting us to execute delray beach's long-standing vision of a vibrant arts and culture community we promise to work hard at the role we have in delray beach making you proud and happy that you have invested in arts garage as an update to our artist in residence series arts garage has provided more than 200 seniors access to 13 comedy music and theater performances including shows like ann hampton calloway jazz diva divine cc teniel a soul diva divine nestor torres a latin jazz superstar several several professional comedians and multiple theater productions i believe deputy vice mayor burns left me great reviews on google about one of them was it cc teniel yes it was yeah she's amazing anyway one of the participants has said it was a behind the curtain oz experience and another one said it was so intimate and special also through a partnership with palm beach county community services department division of senior and veteran services our senior series has brought the arts to seniors and dementia and alzheimer community members nearly 300 participants in december alone one of the instructors for the classes that we push into these programs said and i quote i'm seeing a different side of myself i honestly would benefit greatly from learning to be even half as patient with myself and i just think it's powerful to make a difference even for just one hour a week thank you all for making so much happen in our community through arts garage i'm incredibly grateful for the support thank you thank you good evening deborah walker 33444 mrs mildred govan livingston will be reaching the golden age of 99 on january 31st 2026 mrs livingston has has been a resident of delray for well over 50 years she is a member of saint paul ame church and was my hairdresser when i was growing up as a child here in delray i am here this afternoon to ask this commission and the mayor to support the fire department and the police department participation in a drive-by birthday celebration mrs livingston lives at 429 southwest 15th avenue and this surprise is being sponsored by the members of my church we know the celebration will be enhanced by involving our police and fire departments your support of this endeavor is what makes delray beach the quote all american city i am also here this afternoon to say that i support mrs yvonne odom being appointed as the fourth commissioner here in delray thank you very much thank you all right reggie cox 33444 so we were passing out books earlier you know so if you want to post them i mean y'all did accept it but don't worry about it it'll be in the media it'll be on social media we from time to time we do props in delray beach so everybody's kind of used to our props but in all seriousness uh and you'll be seeing it in the media on social media in all seriousness uh showing up is half the battle uh and the intent of the charter in the spirit of the oath is in the city's best interest okay you know the history of the yellow shirts although it's not a yellow shirt alert tonight started because of uh mrs odom's request by the community and i mean it was standing room only up to nine years ago and you know we're just hoping that lightning doesn't strike twice um mrs odom's body of work is really more than preserving bricks and mortar it's preserving culture people community um you know this board shows it all it was standing room only as a matter of fact mitch katt said that night you know he was dug in and he said if you don't like it go to the poll you know and we did when we did go to the poll and uh we sent mitch home but i just want to make a couple of notes and this is in line with public trust on november 18th the commission the direction was you know you do what you want you know with this appointment it's up to you all you do what you want on december 8th you all did vote it was 2-2 but it was no discussion it was a motion and for who you wanted and it was just no discussion we do think the people deserve some type of discussion on these in this important appointments it was stated to be 1-6 it's not on the agenda tonight we understand it's on the 20th we'll be back so we think it deserves a discussion we strongly urge you to forget the politics we are here today and we will will be back on the 20th we care we want what is right we want the best leverage for economic development in delray beach we deserve a full commission in all aspects mrs odin didn't take her ball and go home so please open the door and let her in please honor her legacy honor your oath honor the charter and honor delray beach thank you thank you are there any other public comment seeing nine public comment close okay the consent agenda um can i get approval of the consent agenda second all in favor all right okay city commission um meeting minutes deputy vice mayor consent now we're on 7-a-a which was the item that you pulled okay 7-a-a okay so i wanted to pull this i didn't see any um backup on this when i was looking over my notes so i just wanted to get um an explanation of the this revision says technical revision to the policy hello good evening i'm jerry prior i'm the director of neighborhood and community services and i'm going to take this opportunity if you don't mind to introduce to you tavaris parks tavaris parks is the fairly new administrator that's overseeing the neighborhood services programming and all of the cdbg housing ship all the the community grants so i'm going to let mr tavaris parks give you some of the technical um revisions that they've done through the lhap and through the committee when you say who has who has done the revisions nobody has we're requesting we're requesting to do the revision oh okay good afternoon greetings everyone commission um the reason that we brought this up uh was because um with our lhap we wanted to make a revision um in regards to our subordination policy and um originally our subordination policy uh procedure was to go through the commission we wanted to make um well our a hack committee recommended that we go through the city manager to approve it um dealing with the timeline uh because a lot of times when um homeowners are looking for to refinance or looking to get a second mortgage they have a timeliness and sometimes you know bringing that to commission it can take up some time and so um we wanted to go through the city manager so that it could speed up that process so it doesn't cause any delays for that homeowner okay i am always for speeding up processes however you said that this did go through a hack because i'm on that committee and yes ma'am it uh it was originally discussed in march of 2025 and then it was uh put on the agenda october 30th 2025. all right i'll have to check my notes um um i i don't recall however as i said i'm always for um speeding up processes um anybody have any questions about it i agree with you and we those came in front of us and we just passed them relatively easily but i would say i'd like them to go through the city attorney and city manager not just the city manager i think two eyes on that is a good thing and um that would be my suggestion for this i apologize so how the steps that it goes so it does go through my director first then it goes to the uh city city attorney okay i just wanted to make sure that process is in place thank you okay that's good good okay can i get a motion to approve 7a second all in favor all right thank you thank you thank you agenda yes 7a correct resolution 1626 do you want me to read it into the record yes please a resolution of the city commission of the city of zara beach florida allowing jack warner to retain a seat on the firefighter's retirement system board of trustees providing an effective date and for other purposes and um lisa castronovo from the finance department is here to make a presentation okay thank you sorry am i on this mic okay i was requested to be here um because i was told this item uh was going to be could you speak into the microphone i'm sorry thank you i'm sorry uh good evening commissioners happy new year uh thanks excuse my nerves i've never presented before you before um but i was requested to be here um to possibly answer any questions that you might have regarding this item um it did come before you because uh we i i'm the plane administrator for the three the city's three pension plans and uh we were informed uh for the firefighters board of trustees that jack warner one of the appointed my apologies my daughter i'm sorry my daughter does it all the time she hasn't called me all day um so uh mr warner who was appointed uh by mr mayor carney uh about a year and a half ago she probably needs food that's what mine does money um so anyway mr uh warner uh advised the uh the board at their december meeting that he was moving out of delray beach uh to highland beach uh and would continue to like to serve on the board but understands that there is the provision that uh board members must reside and or have a business in the city of dalray beach the board um i believe you uh received possibly an email this morning from chair mahoney um the um desire of the board to keep mr warner serving on our board uh just because of his background the knowledge uh his uh historical knowledge uh from his service with the city thank you okay okay i'll start i i'm um no disrespect because i think mr warner's a lovely gentleman i am i'm not interested in doing this i think we shouldn't be changing our rules the uh that um board you know oversees finances in terms of investing and there are requirements that people who live in the city serve on our boards for a very good reason and i don't think we should change that rule for one person because then we'll be changing it for a lot of people and i do agree that he has the knowledge i won't dispute that but we also have a a lot of very knowledgeable people in the city and i'm sure we'll be able to appoint somebody and i appreciate his service i agree with commissioner casal's comments i feel the same way i mean we have a policy our policy is black and white on an issue like this and i i do think you know if we start to open this up it's gonna it's gonna we're gonna be doing this each and every day for 10 000 committees so no i i think it's a it's a position where they should be a resident and if they choose to leave our our community they should just resign their post and we'll find we'll find a resident to take their spot can i just say one thing yes please so this wasn't lisa's doing we've done this in the past so you've done it once correct we've done it in the past for um tom mcmanis who's on our general employees pension board and so lisa contacted me told me what the board's discussion was and i told her we've done this in the past for mr mcmanis so i don't want you to think that lisa just came up with this out of no no it has nothing to do with lisa it's just it's our policy and so that's why i feel comfortable putting it on consent i understand why you wanted it on regular for this discussion right but to be clear we have done this in the past one time right so we set us president already right and done it before and so and that's what happens when we do that right someone else asks i'm still a no i'm sorry okay um do you want a motion yes a motion to deny resolution number one six dash two six second so do we to get a roll call roll call commissioner margaret yes commissioner casal yes deputy vice mayor burns no motion passed thanks you did a lovely job on your first presentation thank you my apologies for my daughter calling me three times you should bring her into the next meeting we should talk to her and i will let mr warner know to submit um his letter of um a resignation please thank him for his service and i will thank him for um his service on your behalf thank you very much okay item 7b so this is a request um i believe mr scott is here he's coming forward according to the land development regulations if um a an applicant is seeking a postponement of their matter that's going to be heard before the city commission they have to come to the meeting before they are scheduled and make that request mr scott represents um conklin car wash and they are they have appealed the denial of the planning zoning board's recommendation for conditional use and it's currently scheduled for uh your next meeting which is february 20th and he's seeking um sorry i'm just moving along january 20th and so he's seeking a postponement until the next meeting which i believe is february 3rd okay i'm fine with that i'm fine with that as well motion to approve uh consideration of requests to postpone 7b second do we all in favor or do we call the roll all in favor all in favor all right thank you very much thank you thanks lynn you did great thank you my pleasure okay 7c resolution 1326 a resolution of the city commission of the city of delroy beach florida approving an impact event known as the fifth annual delroy beach concourse de elegance 2026 to be held april 17th of the 19 2026 in and around the old schools who are campus and on northeast second avenue and northeast first avenue authorizing the city manager to take any all necessary all actions necessary to effectuate the intent of this resolution providing for an effective date and for other purposes okay you ready for me good evening ali bearman the special events manager um i'm here before you for the approval of an impact event the event is the fifth annual delray beach concourse d' elegance the event will be taking place on the old school square campus from april 17th through 19th um and on the 19th there will be road closures on northeast second and northeast first avenue um there is a financial impact to the city for nine thousand estimated at nine thousand 1131 dollars because concourse foundation is a 501 c3 and by special event policy we do a 50 percent waiver of city soft costs this is just an estimate of cost final costs will be calculated after the event the special event policy defines any event with over 3 500 people in attendance as an impact event this event last year had over 5 000 people and this year they are expecting 9 000 the 2026 event will take place on the old school square campus however it will include part of the front lawn and rooms at their creative art school for the first time many staff hours were spent working on solutions to allow for the use of the front lawn for this event the 2026 event will also feature a saturday evening cocktail party on the show field this party as well as the car show on sunday will include alcohol for the first time as well and here's the map for the event um i'll be happy to answer any questions the applicant is also here if you have any questions for them okay any questions you have uh commissioner margaret no questions commissioner cassell i just have one um and i i coming to me now from discussion and we approved already eight eight thousand correct no this did not ask for a sponsorship this year because they can only get either the sponsorship or the 50 waiver okay so there is no sponsorship for this one for this year so it's just the nine thousand one hundred and but when we when we approved that sponsorship we kept it at eight is that correct yes that is correct beyond the eight and i'm okay with doing that but uh we budgeted for the eight correct yes ma'am so where are you getting the additional funds i mean you're pulling it from your department no i'm just kind of curious i don't it's a thousand dollars it's somewhere but it would be say like when when these things come in front of us after we say we capped at eight we capped at eight and then and i'm okay with the this because i mean max you've worked tirelessly to get us all in the same place but here again we did cap at eight right but that was for the sponsorship no no no i understand but the understanding was right that's pretty when you we were talking at sponsorship but we're talking in general i just i'm i'm gonna approve this but i'm saying for you going forward when we put these caps in place if someone changes how they're going about it that that amount is typically should carry that's kind of where we were thinking yeah and we are working on change doing some changes to the special event policy that can address some of this as well perfect but i'm happy we got to a place where we're all on the same page and moving forward max and uh to all the people that helped you get here so i'm willing to support this um commissioner mark you said that you no issues okay yes um and i'm too happy that uh the solutions were made to you know make this event happen i know a lot of work went into it um so can i get a motion sure motion to approve resolution number 13-26 second okay all in favor all right all right thank you thank you 7d nomination for the appointment of the opioid settlement advisory board and that will be made by commissioner cassell thank you i would like to nominate kenya madison i'll second that okay i'm gonna give it to you anyways all in favor give it to you aye aye all right motion carries kenya madison and moving right along public hearing readings oh yeah comfortable yeah yeah you ready did you get a drink of water before you move here i should take a sip okay ordinance over 24-25 an ordinance of the city commission of the city of oh wait what um oh no i was commissioner cassell just stepped off today so we need to take a little break the public hearing we take a five minute break no she's back right now oh she's back never mind she couldn't read it until you got back in the ordinance of the city commission of the city of delray beach florida amending the land development regulations of the city of delray beach code of ordinances chapter 2 administrative provisions article 2.1 reviewing officials and authorities section 2.1.1 administrative officials to include the approval of plastic responsibilities of the director development services amending section 2.1.5 the planning and zoning board to remove the certification of class and include the approval of subdivision plans 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 plans to the duties and responsibilities of the board amending article 2.2 general procedures section 2.2.2 financial guarantees to require a financial guarantee before approval of a major plat and before the issuance of a building permit for a minor plat certified site plan amending section 2.2.4 certification of actions taken to require a 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 plans amending article 2.4 development application requirements section 2.4.8 subdivisions and plats modifying the procedure to review and approve plats to be consistent with order statute section 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 adopt procedures and required findings for approval thereof amending section 2.4.12 certificate of appropriateness to require certificate of appropriation 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 plot actions to remove plots from and add subdivision plans and amending 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 complex causes severability clause authority to codify and providing an effective date and this is second reading oh that was a lot yes okay so hi anthea geniotis development services director lynn's gonna recover um she actually had me double check the caption because it was so long so okay so the short part of this is that the state changed the rules and then we have to update our ldrs accordingly um we have been um approving we are required to be in compliance with state law so we have um given the plots that were in the process um up until now like the option if they were already far enough along on your um agendas some of you were approving some of them with the old process just because it was easier for them than to erase the mayor's signature and the city clerk's signature off of the mylar's um but um now we've shifted to administrative and um generally i actually think as much as you hear me criticize the uh home rule and you know uh changes this is one where i actually do think it is a more streamlined approach you will remember we regularly would tell you that the plot that's come after a project has been approved is ministerial we're not going to like fight the project that's already approved all over again with the plat that's just demarcating the parcel lines for the ability to sell to other owners um so some of this is good it did afford us an opportunity to go into the code um which i think is really funny when i started here and i read the definition of major subdivision and it was defined as any subdivision that is not a minor subdivision it was like what so so um we did um we took the opportunity to to try to streamline um in coordination with um other departments and you know between the planning and zoning division and the building division with engineering um and we were able to streamline a couple of things including like what are we talking about now generally because our city is growing through redevelopment you see a plot and there's already been a site plan that's approved you're going to take this land and there's going to be three townhomes on it you already know there's going to be three townhomes on it so when the plot comes in it's got three lots on it here's where the easements are etc we do occasionally have a project like the one that is coming up uh that toll brothers is doing over by the old monastery where they actually are creating new single family lots and they're putting new roads in and we don't actually we use the plot as a way to kind of review that development um so if the plot goes in administrative we need to have a plan that captures those rare instances when sherwood's golf course changes to homes or you know those types of things so that we have a a subdivision plan that where you can evaluate the impacts of the number of houses you can evaluate the street design the landscape plans things like that so this is putting that piece into place again we're a built out city this doesn't happen that often it's more building by building or you know infill project by infill project so that is what we needed to have so what the result of the florida legislators action is once the site plan or the master development plan is approved and the plaque comes in whether it's a major or a minor majors being you're making new streets where there weren't streets before you're running new utility lines not just connections but new significant utility lines minors being you have a piece of property that's already on a city street that already has water and sewer in it and you're just moving the property lines around a little that doesn't require as much review um obviously if something needs a waiver it needs a waiver but we did need to add this new subdivision plan in for when it is multiple home sites that are mostly you're dividing up the land pursuant to the base zoning as it exists you're not doing anything different than that so um if uh you know if you don't have um relief you can be approved by planning and zoning board or historic preservation board depending where your property is if you need relief then it would go as a recommendation to commission which is the way waivers work now so um so for quick examples you have a site plan we all agreed this building was going to or these buildings are going to be built here whether or not we love that the doors are recessed or not um so when this comes in and it's three home sites you're not going to see it i'm going to look at it engineering is going to look at it um utilities is going to look at it and the directors will will sign accordingly because this is truly just a technical ministerial document there's you know the commission is going to come in and have a new discussion as to whether three townhomes are allowed here anymore you've already done that with the approval of the site plan and even if you didn't take specific action it would have been on your appealables so again this is um commissioner casal this is uh the one on barwick road that came in um years ago once this master development plan is approved the plat that realizes it again will now be administrative so this one had a master development plan now we're talking about the one that is um latent point which is um next to the golf course and the old monastery building um this doesn't have a master development plan this was a straight zoning subdivision and so this is what that subdivision plan i mean they were nice enough to provide all this but really the review of this development was happening through the plat so what we will do is is review all the details of the plan through a subdivision plan that may require a board action or may not depending on how extensive it is but this part the plat again will just be administrative once it's finished um so we just needed to make that new avenue for um a subdivision plan that has and the distinction is do you have common open space area you're not just doing people's lots do you are you doing new street design um you know things like do you have common amenities um so again these this is all sort of figured out how we would do it um that's the basis of what's in here i've got the details of the different sections the other issue that we had is when a financial guarantee is required this was actually making a little bit of an issue with building permits because the code said that you had to give the financial guarantee at the time that you plotted well if you're taking an existing parcel and it's already on a city street and you're dividing it into three lots there's no risk that the people who buy those lots if the developer disappears aren't going to have access to their street right so that financial guarantee really should be collected at building permit when you're going to break the city sidewalk because you're putting in a driveway you're going to move utility lines around when you're doing a project like this one right and you plat each of these into individual properties and i buy this one and commissioner market buys that one and lynn john buys that one if the developer goes out of business before this road is created and before all the water and sewer lines are made my property is not functional so that is when we've in this ordinance we would collect the financial guarantee at the time of plat so we've made that distinction and and we think that that is going you know to make property make development run we'll we'll collect what we need when we need it and you know it won't be i think it'll just be a smoother process um so anyway i'm here if you have questions i don't i don't have to go over all of these minutia but if you would like to i can um and again this is just a consistency with a comprehensive plan related to um you know different policies that this supports ultimately and again i think it's an improvement but it is an improvement we have to do because of state action so the planning and zoning board did review this in september and they at the time voted five to zero to recommend approval um and again if you have any questions okay thank you um commissioner cassell any question public comment thank you that makes great sense i'm sorry we need to open it up for public comment oh okay sorry um this portion of the meeting is open for public comment regarding this um item are there anyone here for public comment seeing none okay great this makes good sense i mean because you do you're approving the site plan so it's it um but i just do well and i like the financial agreement aspect of it will that go on unappealable just for the heck of it or does it not i mean is that just going to be the end of the line the subdivision plan if if it is take final action is by either administrative or by a board it will be an appealable that's part of why we wanted it was so that there's a way to evaluate the development impact itself outside of the ministerial action of the plat got it i'm in favor okay thank you uh commissioner margaret yeah this is perfectly logical makes good sense i'm totally in favor yeah absolutely it makes a lot of sense uh don't need to approval approval or approval so um motion to approve ordinance number 24-25 second all in favor aye aye okay we are on to 8b ordinance number 29-25 an ordinance of the city commission of the city of delvary beach florida by amending title 9 general regulations chapter 95 emergency management section 95.07 of the code of ordinances of the city of delvary beach by creating 90 section 95.07 adoption of the national incident management systems nims providing a conflicts clause a severability clause authority to codify providing an effective date and further purposes and this to a second reading okay chief martin commissioners for the record ronald martin uh fire rescue chief um this is pretty much just of us codifying and giving us a stronger legal and operational framework by incorporating nims requirements into our city's municipal code um as you guys know from previous trainings uh nims in the incident management system which is the framework for how we respond to all types of incidents um enables interoperability and helps us secure optimal financial grants for preparedness mitigation response and recovery of those costs by codifying this it gives us a stronger legal framework in the city's municipal code of ordinances thank you for your consideration all right thank you any questions this is a public hearing wait i'm sorry public hearing that would just open public hearing sorry sorry okay keep forgetting that are there anyone for for comment on this item okay thank you all right motion to approve ordinance number 29-25 second all in favor aye aye okay thank you all right 8c ordinance number 36-25 an ordinance of the city commission of the city of delvary beach florida amending the code of ordinances by amending title iii administration chapter 35 employee policies and benefits section 35.000 definitions section 35.002 application exclusions and section 35.003 adoption of code of rules and regulations to rename each section and update the city's personnel system providing a severability severability clause authority to codify providing an effective date this is second reading um if you look on the dais um mr deandre left a copy of the city's um personal policies and procedures right really this is just a cleanup ordinance when back in 2017 or 18 2018 um the former city attorney took out all of the personal policies from the code of ordinances put it in a manual the same way that we did the purchasing policies um and this is just cleaning up um uh the code to just make it very clear who the policies apply to and that we do have a personnel system by way of the manual very good okay thank you motion to open it up for public comment oh and and i wrote it down this i put it right here i jumped the floor is open for public comment on this item can somebody please come up where's mr long when you need him i know i know okay seeing none now mr motion to approve ordinance number 36-25 second all in favor aye all right first readings uh ordinance zero five two six so deputy vice mayor 9a and 9b um relate to the same um parcel can we handle them together okay so we this is quasi-judicial correct 9b is yes ma'am all right so um i'll read the rules right now yes please okay all right 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 cases 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 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 requirement of the law the comprehensive plan and the land development regulations okay um do we have to swear um so there's not going to be any applications on this and i actually don't even see the applicant's attorney here so we'll just keep moving forward okay no swearing in um and so uh uh into the project file for the record and so you're gonna it's a first read aren't we just buzzing through these no because this is a quasi-judicial so we have to open it up do you have the project file anthea the a and b are going to get they're gonna we're gonna do them together okay okay so the zoning is the quasi-judicial one the land use does not but i'll enter both um into the record um this is make sure they didn't move i don't see it is it 7a this is 9 9a sorry she went back in time i have it if you don't have it file number pz 172-2025 which is the land use map amendment and pz 174-2025 which is a rezoning okay all right ex parte oh are there any ex parte none none that i'm aware of none that i'm aware of all right so now i'll read both captions ordinance number 05-26 an ordinance of the city commission of the city of w reach florida adopting a small-scale land use map amendment re-designating parcels of land measuring approximately 7.6 acres located at 2855 2875 and 2905 south congress avenue as more particularly described herein from congress avenue mixed use to commerce pursuant to the provisions of the community planning act for statute section 163.3187 providing a conflict clause and a severability clause providing an effective date and further purposes and ordinance number 04-26 an ordinance of the city commission of the city of delvary beach florida rezoning parcels of land measuring approximately 6 7.6 acres located at 2855 2875 and 2905 south congress avenue as more particularly described herein from mixed residential office and commercial to mixed industrial and commercial reminding the city of delvary beach zoning map july 6 2021 providing a conflict clause and a severability clause providing an effective date and for other purposes ordinance 04-26 is quasi-judicial the applicant's not here but we're going to proceed in her absence and when she comes back for second reading she'll put on the record that she waived her her right to be here um so if we can just open this up for public comment and then close it if no one wants to speak we can move forward to move this to second reading okay these items number uh 9a and 9b are open for public comment not everybody rushed up at one time all right um seeing none we can proceed to approve ordinance number zero five dash two six second do we take a vote on this or are we all in favor you can do all in favor all in favor aye motion to approve ordinance number zero four dash two six second all in favor aye aye any opposed okay so we're done with that that's all set yep boom that was quick was i did it these are going to go fast now okay um c and d are the same thing uh deputy vice mayor they're both related to the same item so can i read them both together absolutely ordinance number zero six that's two six an 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 by amending chapter four zoning regulations article 4.4 based zoning districts section 4.4.3 single family residential r1 districts subsection c accessory uses and structures permitted section 4.4.5 low density residential rl district subsection subsection c accessory uses and structures permitted section 4.4.6 medium density residential rn districts subsection c accessory uses and structures permitted section 4.4.7 planned residential development prd district subsection c accessory uses and structures permitted and section 4.4.17 residential office ro district subsection c accessory uses and structures permitted to remove both dock regulations that are not consistent with article 7.9 mooring structures structures and by amending appendix a definitions to update the definitions of boat lift dock and finger pier to adopt a definition for marinas and mooring structures and rename the definition of dolphin as piling providing a complex clause the severability clause authority to codify and providing an effective date ordinance number zero seven dash two six an 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 seven building regulations article 7.9 docks dolphins finger piers and boat lifts by repealing or replacing article 7.9 to provide updated regulations for the use providing a complex clause the severability clause authority to codify and providing an effective date oh okay it's awesome motion to approve ordinance number zero six dash two six second all in favor aye aye any opposed okay uh 9e ordinance 01-26 an ordinance of the city commission of the city of delvary beach florida amending title three administration chapter 33 police and fire rescue departments of the code of ordinances of the city of delvary beach florida by amending section 33.74 definitions to implement pension changes contained in the 2023-2026 collective bargaining agreement between the city and the professional firefighters of delvary beach local 1842 iaff inc providing a conflicts cause the severability clause authority to codify providing an effective date and further purposes okay motion to approve ordinance number zero one two six second all in favor aye aye none opposed 9f ordinance number zero two dash 26 an ordinance of the city commission of the city of delvary beach florida amending title three administration chapter 33 police and fire rescue departments of the code of ordinances of the city of delvary beach florida by amending section 33.60 definitions to implement paint pension changes contained in the 2024-2027 collective bargaining agreement between the city and the palm beach county police benevolent association inc providing a conflicts cause the severability clause authority to codify providing an effective date and further purposes motion to approve ordinance number zero two dash two six second all in favor aye aye none oppose 9g 9g and f are both related to the same thing so if i can just read them absolutely ordinance number zero eight dash twenty six an ordinance of the city commission of the city of delvary beach florida amending chapter 96 fire safety and emergency services of the code of ordinances of the city of delvary beach by repealing section 96.18 automatic external defibrillator and bleeding control kits and readopting same as revised as new section 96.12 automated external defibrillators and bleeding control kits reestablishing the citywide automatic external defibrillator and bleeding control kit program with revisions to provide definitions for automated external defibrillators and bleeding control kits in the ordinance to require all business occupancies exceeding 20 000 square feet provide automated external defibrillators and bleeding control kits and to authorize the fire marshal designee the discretion to make adjustments to the location of automatic automated external defibrillators and bleeding control kits providing for immunity from civil liability pursuant to florida statute 768.1325 providing a conflict clause the severability clause authority to codify providing an effective date and further purposes ordinance number zero nine dash 26 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 appendix a definitions to remove the definitions through automated external defibrillator and bleeding control kit providing conflicts clause a severability clause authority to codify providing an effective date and further purposes okay can i get it one before we do this uh because we're going into the second read city attorney and i were discussing this how uh some of these other cities aren't always doing the same thing and they're not and in some instances uh hotels are being asked to put one on every floor it's a little bit more than maybe we should be asking and uh could you could we ask the city attorney to do some research and see what's going on around us and fashion this to be you know not i love the liability part that you put in but i still think we're asking a lot of our businesses and maybe we should see what others are doing because we don't think they're everyone's doing the same thing around us and fashion something that's a little bit more um business friendly if you will okay thank you is that do we have a consensus for that yeah so can we approve it for second reading and then we'll get you that information do you want to we might just postpone and maybe do a presentation before second reading so that you can decide we already had the presentation back when we decided to go forth with this um but i did not realize some of the things so we already did this whole discussion we did i wasn't totally in favor but here the liability part was my concern and it's in there but i didn't realize then they were going to be asking for all this additional stuff so they did additionally i guess the presentation isn't required at least on that small subject so you think it's too demanding for the businesses that's what yeah that's what i'm hearing yeah okay yeah um so i will do the motion to approve and motion to approve ordinance number zero two dash two six second okay all in favor aye aye motion to approve ordinance number zero eight dash two six second all in favor aye none opposed okay so we are now to um nine nine h we just covered that correct okay we just did that all right so we are on the city manager for um comment and inquiries yes ma'am i actually have one item i'd like to bring to the commission's attention in this regard it pertains to a local bill update of course during the last city commission meeting four weeks ago yesterday december 8th we were joined by our state lobbyist matt forest to talk about a number of items for review and consideration as they pertain to the state legislative process for the upcoming session and one remaining item as it pertains to municipal service taxing unit local bill at the palm beach county legislative delegation level so of course palm county days will occur next week some of you will be attending and participating in that regard i thought it would be appropriate to take a moment to update the city commission in terms of what this looks like so i do have a packet of information that was initially compiled by the palm beach county league of cities two weeks ago and assistant city manager jeff forest was likewise asked to provide a brief summary of the local bill in this regard and again it pertains to municipal service taxing unit why bring this to the attention of the city commission at this time because various municipalities are in fact taking a position regarding this particular matter and i thought you all should be made aware accordingly so with that mrs doris if you would briefly summarize the elected officials to this effect that would be great meanwhile i have information for each of you three along with madam city clerk thank you for the future can you provide us that information before the meetings it's always helpful for me to read this stuff before we get here to have a conversation and if you've had it for weeks it would have been helpful if we had it i usually try to do that and this was a decision over the last day so otherwise i apologize for the inconvenience nevertheless we'll do thank you you're welcome good evening jeff horse assistant city manager we try to make this as painless as possible and as quick as possible as well it's a local bill that that will be filed regarding the provision of fire rescue and emergency medical services in annexed areas of palm beach county the bill under consideration by the legislative delegation actually i understand that they took action on it today unanimously is what i've heard i have not confirmed that yet regarding the provision of services in areas that are annexed into a municipality essentially what it says is if an area is annexed into a city the county needs to continue to provide fire services for a period of eight years now there are some nuances in there of course but it's basically the the city would have to pay the lesser of what the municipal services taxing unit for fire rescue services in the county would have collected or that portion of cost for fire rescue and emergency emergency medical services that would be paid from the ad valorem taxes and other fees collected by the annexing city the other interesting thing and actually it's a little later in this is that the mstu the county mstu essentially the county fire department fire rescue department would retain all jurisdiction over fire services in that area so even though it becomes part of the city the city would have no way in the no say in the way those services can ask a question before you get further on so you're saying we annex in barwick road property that we annexed and they barwick road property then is still paying the taxes even though we've annexed them in and they're getting services but what happens when you have that mutual aid service i mean because we're providing services out there all the time anyway that that department is literally a block away so this doesn't make great sense now we don't have a lot of annexation areas we only have a couple little areas and we it's voluntary so people would apply for it we can say no on this basis but but it how is that working with mutual aid so well it's not that it would work in a mutual aid it would come into play a little bit later when discussing the timeline for and whether the uh the exactly how long the time would be if you give me the leeway i'll probably get there in just another slide or so okay sorry so again it's the lesser of these two amounts that would then be paid to the county for the mstu to provide those services um for a period of eight years now now the idea is that the negotiation negotiation between the county and the city can provide for a different length of time both longer or shorter um provided that the the city can show that the service will not cost more to provide and at least the same level of service will be maintained and then a sufficient level of service can be maintained without duplicative or unnecessary expenditures and duplicative collection of impact or other fees this is where that would come into play having a station so close there would be a discussion about a duplication of efforts and who would be serving in how long it should last and whether we're providing the same level of service or not and certainly that would be part of the negotiation over that annexation uh determining a different to time permits that the the city and the county will basically and uh enter into some negotiation negotiation determine the cost to each entity to provide the annexed area with at least the same level of services prior to the annexation so who's costing more who's costing less is it the same cost and then of course the bottom line is that the level of service has to be um that which is already determined by the national fire protection association nfpa their general operational standards so it has to meet that minimum level of standards but it also says elsewhere it needs to meet the level of of service prior to the annexation so that's of concern now the service will transfer to the city after that eight years or a previously negotiated period of time unless the city and the county agree to keep things the way they are and just continue on with the uh county services through the mst through uh provided through the mstu but paid for by the city um required there's also a requirement in this i'm sorry it's not in the slides that certain data be collected and and maintain to determine where we are whether services are at what level uh costs and operate operational costs and capital costs so that required data analysis shows that the transfer could occur sooner because the level of service is there the level of cost is where it should be and that the city of course can provide at least the same level of service at the same cost as the county that's basically where it is um and that's kind of put it in a real small nutshell it's they will retain jurisdiction over the service and the city will have to pay them for that service based on either what we collect as a portion for fire service from that area or what the mstu would have collected prior to the annexation it doesn't revert uh the service doesn't revert to the city's fire department fire rescue department until such time as the level of service is equal or greater to what the county's providing now and the cost is no more than what it costs the county to provide so if i may the problem is i my computer is i must not have had it plugged in so i have no battery and i can't get on a map here but you guys didn't include the annexation map in here so i can't even tell you oh okay anthea thank you you're genius um there are a couple little pockets 133rd road south there's a pocket there's a pocket i think off lake ida but that's all residential i don't see them annexing in i don't know that we look it's i think it's absurd but i don't know what if we need to fight it there's only one parcel on 133rd tip top tree bills and then can i just quick look at this and then i'll be able to know but they have to do it voluntarily so why would they when the county i just i don't know that i think we need more information because anthea is right it's a very large area but it's already all established and if it's voluntary and we can't make them annex in because they're getting our water then now when you get the city's water you sign an agreement for voluntary annexation at the time you take our water services that when you are adjacent when you there is a property line that adjoins the city right you will voluntarily so this is what we need for information though we need to understand what what are the ramifications because if all of that gray area and extend that would be a problem for us i don't foresee that happening because those are established developments it might be helpful to know that other municipalities are in opposition of this consideration for the reasons you've all stated so for that reason again this is something i began to mull over literally over the last day or two so given the fact that we had a meeting this evening i thought it would be appropriate that we update the city commission in terms of this particular bill consideration because of course we have the ability to work with our lobbyists met forest to advise them as to what the temperature may be but again coming from the palm beach county league of cities this information haven't just been furnished in this regard it looks like it was just compiled two weeks ago by them and it it was delivered to us very very recently so i decided to take this as an opportunity to advise the commission in terms of why this is a consideration and why it is concerning so that we can offer any input that may become applicable as the state legislative process take its course over the next couple months or so we're on the concerns on our part isn't whether we will annex it's that if we do you never know what's going to happen if we do this kind of time no if we do it's a disaster obviously i mean right i think it's just another you know scenario that goes after the cities and doesn't and i mean i i think it's a problem so i would say we should probably encourage him but on the other hand you know i don't know what the ramifications are right now again it's a bill so any feedback opposing the bill palm beach county league of cities is in support of the sentiments haven't been expressed here we should oppose it so on that note that would be our message to state lobbyists matt forest and his team in terms of what the issues and concerns are and that's the basis of dialogue this evening so with that mrs i think we have enough feedback from the commission to advise accordingly and hopefully we can all go from there thank you all right thank you very much any other discussion otherwise i yield at this time ma'am thank you okay uh city attorney um just to address a couple of the public comments um i know somebody mentioned red speed so uh we were supposed to start um the warning period ended and it was supposed to start with enforcement um i think it was today uh we had a really good meeting chief stevenson was there missy barletta was there um we're gonna postpone it a little bit there's a little bit more work that needs to be done um pd has been in public works have really been working over time to ensure that if once we get to the point where we're enforcing this that we're doing it properly the notice is accurate um and we had to replace some of the signs we have been in contact with red speed so at your next meeting we are going to have a short presentation um to advise people when enforcement begins um and what those speed limits are going to be so you'll be seeing that at your next meeting um so may i ask a question so the red speed okay so i took a picture of this this one right here on second and swinton i mean swinton this is when you get lake idam what's that is this when you got the ticket no i didn't get the ticket that was miss that was i didn't get the ticket um i tried to about but this says school days 7 30 a.m to 3 30 so it does have the time so is this the red speed yes so it's going to be enforced um this the speed limit before 30 minutes before and 30 after 30 minutes after that speed limit is going to be 20 miles per hour and so you hang on could i just i was talking to officer ferrari he said when school goes in then there's the period of time when it's regular speed and then so it's 30 minutes before coming in 30 minutes after going it's it's essentially so it's it's seven to three so let's say it's seven to three so it would be 6 30 to 3 30 there's enforcement but the speed limit changes so the speed limit is what's going to change but there's going to be enforcement that entire time period right and 30 minutes before and 30 minutes after 30 minutes before the time that's posted on the sign whatever whatever school starts and this is part of the problem because we had to go back to the schools and confirm when school starts and when school ends because that's when the 30 minutes is triggered yeah and some schools there's privacy sorry i'm just trying to figure out if the sign says school days enforcement 7 30 to 3 30 so that's when it's being enforced 7 30 so the school probably starts at eight and ends it correct and but when it's not flashing it's the regular speed limit but they're still enforcing but there's still there's a window that right there's a you know so that's very confusing if i may 10 miles the police are going to put out a uh i was talking officer ferrari because this there was some news that was not perhaps exactly accurate but they're going to do a informational campaign videos and the like and get it out to the public because like i said they're going to do a presentation at your next meeting there's a lot of confusion and so we need to make sure that everybody's on the same page everybody's informed and then they'll start the actual enforcement we did retain a special magistrate who's going to handle these hearings once a month but there's we're not having hearings until we're ensured that this is functioning so it's indefinite when it officially starts now i think within the next month or so we'll be starting it i think at the next meeting they'll give you an approximate start time and will you still be giving the warnings in this period of time just so people get acclimated thank you yeah there's no tickets being issued at this time okay that's great that's that subculture um i did speak to mr richwagon briefly i didn't see his email um however um you know we are in litigation over some of the violations mr um mr mayo appealed uh the magistrate's finding of guilt and so we're dealing with that in court so staff can't you know we can't reduce the fines to liens we can't take any action because we've lost jurisdiction until the appellate court um renders a ruling and we're still in the very early stages of that um as you know the city does have the right after a certain amount of time that you are able to once the liens are converted once the fines are converted to liens you can you can foreclose on a property this isn't a homestead property you know i i would always come to you for that approval i would never you know initiate that action on my own but that is something that you know if somebody has not paid their fines and they continue to violate the city's code that it is something available to the city commission to direct staff to explore um we did issue um a letter to mr mayo um basically we he's selling he's selling clothing at the coffee shop and so you know you can't have a retail portion to a coffee shop if you go to starbucks you know you can see that they sell mugs and things like that so but that's not on his zcu so he was directed to come to the office and amend his zcu so that we have a clear memorialization of exactly what he's doing at his store and can determine if there's any adverse impacts um one thing that mr richwagon mentioned that's not entirely accurate um when mr mayo initially got his approvals from the city commission he did mention and as part of the conversation he offered that at some of his locations he does enter into off-site parking agreements for his employees so that they're not utilizing the actually the actual parking for the patrons it wasn't a condition of approval but it was certainly something that the commission was presented with that could have presumably led to their approval of his in-lieu parking um that's something that if the commission wants to direct me to look into um you know because it's i think it's accurate that he no longer has the off-site parking agreement i know mr orris had reached out to him and asked for copies of the agreement i don't know if he ever obtained that um but if it's something that was contemplated as part of an approval i think that the commission has the opportunity to come back review it and determine is he in compliance with what he told us you know he said it was going to be a grab and go i don't know if it's a grab and go at this point in time and a grab and go with regard to parking it's a very different scenario because the parking is constantly being turned over if people are staying there and using it as you know a work hub then the parking is going to be limited it's not going to turn over and it's going to create the impacts that you're constantly being made aware of so i'm happy to look into that if we determine that there could be a violation of the approval for the in-lieu parking i would bring that back to you we would have a quasi-judicial proceeding and you can determine you know what how how to best act on that um that was granted before we made our code changes now we have the ability to you know pull these things back but i do think that it's fair to say that if somebody made a certain promise and didn't fulfill that promise and now you're dealing with the nuisance aspect of it i do think it's something that you can consider and potentially either add additional conditions make additional requirements and things like that i would just need your direction if you want me to to explore without a doubt i would say do it i mean because it was definitely how i made my decision okay based on the things that were said okay okay so if it's something that's um warranted i'll work with staff we'll prepare an agenda cover memo present it to you and we'll ask mr mayor to be present okay could i ask one more question when um i understand what you're saying because i mean we don't want to be harassing residents but at this point in time if he's selling goods and he's not supposed to is he getting cited i mean are there still issues going on that are worthy of citing and if so are we citing him because i do think that at this point in time this is this is just out of control so remember the goal of code enforcement i know is is always compliance right so we're not getting a determination that you know we would send a letter and encourage him to come in make the appropriate changes staff would review it and then at that point if he is not in compliance then we'll take whatever action we have to be careful though that these are new violations and we're not working off the old ones understand so that we're trying to be very methodical um i can tell you that mr rose sent me a notice um that he wants the city to seek injunctive relief by declaring this a nuisance i don't believe that this rises to the legal level of a nuisance i think you know our con yes is it annoying absolutely is it creating you know negative impacts on the surrounding community absolutely but a legal nuisance is essentially there's prostitution that's occurring there's drug activity and we have proof of it and we can we can show support for that that's not what's occurring this is it's a parking problem and i do believe that there is some self-help strategies that these private business owners can employ that doesn't necessarily require the city's intervention and the city's resources to mitigate um so i'm going to be sending a response mr rose you will all be copied on it but i did want to let you know that legally i don't think it fits the criteria of a legal nuisance but i do think that as far as the in-loop parking agreement goes and the promises that were made in order to achieve that that agreement with the city i think i think that's worthy of a of a review thank you good idea thank you that's it happy new year good to see everybody that all okay and to the city commission um sure all right um i will acknowledge development services thank you anthea for this information all your accomplishments um share that on facebook and we'll share it we're always proud of you but the residents should know what you're doing and um to gina also your accomplishments at the creative art school we got an email uh very proud of you uh the downtown development uh authority downtown delraybeach.com website is has been um updated people check it out downtown delraybeach.com uh thank you subculture was on my list to ask about the agenda mr moore i really just struggle with the changes in the agenda at the last minute and getting information like this at the last minute i'd rather you scan it and email it even if it's 24 hours in advance for me to look at it before the presentation that helps me um we did have an issue before the holiday tuesday i reached out to mr moore and also chief martin regarding the uh lifeguards on the beach um and i just want to say publicly mr moore uh you know you met with the county regarding discussions of uh could they should the county take over uh our services that's a policy decision and you should have come to us before you have made that meeting you know our highest paid employees leaving the building for a couple of hours and go into a meeting and potentially two meetings i don't know i just saw the one on your schedule but i but there may have been more that should not be happening without you checking with us because i would have told you out of the gate don't do it only because what we're reading about how the city engaged with you know uh services and then the next year their bill went up and they're basically fighting and it just it doesn't seem workable and if anything and i know there's issues because this is a union contract and the like maybe that department needs to be its own standalone department somehow in the city i don't know how that works but um in the future if you're doing something that relates to a policy decision i'd like you to come to us for a consensus before you do it i might have said go and chat with them and bring back the information but i might not have but i would like that opportunity uh if you don't mind thank you for addressing the speed cameras that was on my list uh purchasing i saw the job bulletin went out for the chief procurement officer we've had tons of problems in purchasing for as far back as probably ms alvarez was the best purchasing director we had uh and unfortunately you know we created a scenario where she left but having said that we need that department should be independent i think outside of finance and that department needs a strong director with serious municipal experience um and in looking at your i spoke to duane about this um you know to ask him some questions about the job posting didn't have a date of closing on it but he said it's open it's outside of the city and uh i would just like to make it known that i do believe that this department we need to work on this department we're doing all piggybacking we're doing sourcewell i don't know that we're doing the procurement in the way that we used to and uh i hope we get somebody experienced in there so we can you know get that department back working as it should be and as it was um i have a budget question our department the and no it's for mr moore it's not for henry our department is paying for lunches for all the visioning three times we've paid for the lunches i don't think that should come out of our department our department also paid for a lot of supplies i recall when this began there was a supply list that had to be purchased that all came out of our department i don't think that should come out of our department and also am i mistaken we're we are sponsoring the league of cities luncheon again didn't we just do that that's supposed to be on a rotation where all the cities do it where we shouldn't be doing that over and over again that's an it's a serious expenditure so if you could um get back to me on that because i thought we just did it a year or two ago or maybe in the last year in the last year or so two years ago that was the case so it is we're doing it this year right but how many cities are involved in the league of city it's not three i mean we shouldn't be next in the rotation after two years i believe it's a request on a rotational basis so not more than the year should any city have that opportunity to participate and i don't believe that's the case i will evaluate and follow up with everybody i sat here for three or four years and we never did it now we're doing it twice in a row and i'm wondering who's authorizing that typically when we authorize that that comes in front of us for us to say we want it or we don't want it so if you could figure that out i'd appreciate that i did speak on the creative arts school can we get a date for the run with the chief because i'm trying to work on my mile and i need to know how much time i have i'm gonna i don't want to come in last um okay this is uh food trucks people are asking questions about food trucks because they're parking permanently around the city they're laying out carpets they're parking they're putting up lights and they're operating as a standalone uh business and i don't think that they're permitted to do that and i think if someone could let me know could we look into that because you know a standalone business is required to do certain things to be there in a food truck doesn't have those same requirements but it's benefiting in the same way um oh sugar i can't read my writing i wanted to thank mr hashemiri we already did that speed cameras okay two more things all of these lots around the city that are converting into paid parking are they licensed and do we know that how is that how are we monitoring that um if he has team and code um verified they they have to get a btr got it and so i can't speak to all of them being done but i know but we're working on that that's what i wanted to know thank you very much and then the last thing and this is a little um hard to bring up but i'm bringing it up that's for the i'm passing this down to all of you um banyan group is advertising that they uh are engaged in a project with the city of delray beach on atlantic avenue at the tennis center location it says multi-use office retail hotel residential value stabilizing 570 million project costs 190 million equity 100 million opportunity zone exit 2036 tax-free tennis village is a transformative redevelopment project that will modernize and expand the delray beach tennis center uh into a vibrant multi-use designation in the core of downtown delray beach driven by banyan group and match point usa this project is set to preserve the history legacy of the city's renowned tennis stadium while delivering state-of-the-art facilities uh so and as you can see by this building it's well taller than we typically allow in the city but the gentleman is i wrote to mr michael when i saw this and asked him is this his document he said it's an internal document and i said for what purpose he said investors so the problem i have is the gentleman is implying he's engaged in a p3 with the city to get investor money and he's not and now that we're aware of this i question whether or not we have some kind of concerns or liability i don't know what the solution is maybe the city needs to contact him and tell them that he cannot do that i don't know i know he was submitting something but um i think you have to decline that at this point because he's utilizing this uh document and we need to understand and he needs to understand i don't know that this is uh appropriate if there's consensus um we can draft like a cease and desist letter i think you should do that immediately tomorrow if you are all in agreement mr markert i think so thank you okay i would appreciate that thank you that's all i have for the evening thank you all yeah i got a couple quick things um there's a couple things that are on on my agenda for the future just based on being around town over the holidays um parking keeps coming up we did not get that right of that there is no doubt and so we are going to have to invest some more time in looking at parking it it's coming up over and over and over from all of our residents and i think we owe them another kick at the can to see if we can improve on some of the things that we're we're testing right now and i i'm sure i'm sure we can the other thing that came up for me over the holidays i was at the green market over the weekend and i brought this up with attorney jellin when i met with her this week um the intersection at swinton atlantic is in my mind becoming just so dangerous right now i'm scared of it and i had a discussion with lynn about it i want to meet with missy about it um i i was there a lot this weekend and there were a lot of near misses and i i think we we got to sit down and take a hard look at that intersection i know there's planned improvements down the future but i don't want anybody getting killed on my dime and and so i i will be asking for some meetings this week to um see if we can come up with some some solutions that would help improve the safety at that corner there's also people after the green market doing mid block crosses and horns are blaring i mean we kind of have a problem there we're going to have to deal with so those are on my agenda going forward um the most difficult thing on my agenda um is the following um and it's from my chair sitting here about the downtown development authority um against my personal wishes the city conducted an audit of the dda last month and the month before um i thought and i voiced my opinion from this dais that it was completely uncalled for i thought it was a total waste of valuable time and money um i was proven correct it was a waste of valuable time and money the audit found nothing repeat nothing malicious but of course it highlighted a couple of small improvement areas which you know from my experience of doing hundreds of audits over the years and big corporations you always find some small things and you always take action on those small things um those issues have been discussed with the downtown development authority uh and the board and they're going to be corrected but i mind you they were about that big um this cost real money you can you can sit down and say audits cost nothing because it's people that we have like elena that are on board and we're just diverting their time and their priorities but that ain't the truth the truth is this stuff costs money it diverts our time and resources this is money that we can't spend on other events that you know people complained about not having fireworks or the well we don't have unlimited money for things and when we spend money on audits like we did on this money can't be spent on other things okay so now my blood pressure is going to go up quite a bit then last week i found out that the state of florida is now going to conduct its own audit um on the dda that was driven by an op-ed from our mayor it was not the opinion of the commission it was the opinion of the mayor and this is now driving an audit at the state level i think this is unwarranted it's an unwarranted attack on the dda it's a total waste of money and time and focus so i took time out of my schedule to last week to meet with senator mac bernard who is for lack of a better term potentially the sponsor of this um i had a very good conversation with him lasted an hour and a half he listened um i'm not sure where he's going to take it we we had a good good discussion um but i am going to tell you once and for all here we go we're going to waste money on on something that that is just it's a witch hunt in my view the dda is performing at the highest level and we should be treating them like a valuable partner and we're not and my question that i asked a couple weeks ago still remains unanswered what is the true motivation behind trying to discredit the downtown development authority and i tell you for those of you that know me or don't know me i am a dog with a bone and i will find out because there is something wrong here every antenna i have in my head is going up um and there's something wrong here and as citizens we ought to all be asking that question like what is the motivation that we spent delray beach taxpayer money finding nothing for the dda and now it's been elevated to the friggin state and now we're on the state radar and money from the state is being spent in delray beach how do you think that's going to affect us get ready guys this is this is this is dramatically wrong there's something going on here my antennae are up and i encourage all of you to keep asking the questions because i'm i'm i'm disgusted over this we have a valuable partner who's done nothing but good work for us and there's a witch hunt going on it i'm not going to be a part of it and i will be a dog with a bone on that issue i think i'm done okay thank you all right um um a lot of what everybody has said uh has already been said but i i wanted to congratulate um um anthea on her accomplishments and then the creative art school as well and i continue to hear and very proud of the city that i that i live in um the employees the directors the people with boots on the ground the compliments that miss odom gave and that you constantly hear this throughout the city so you know we have some great people that live in our city and that work for our city and that cares about the city i can't say that they get paid accordingly however they are dedicated and um dedicated to the city and making sure that there's quality work that that goes out so kudos to all of the employees of the city um i'm very proud to be um a member of the city not just like the city the county and now internationally with our sister city i didn't realize that we were like six uh sister cities i thought we were just with the japan one so that was uh interesting to find out as well so internationally delray is on top like just i'm very very proud of it i wanted to uh get also i agree with the um the purchasing uh situation i think that you know we piggyback piggyback piggyback i don't know if those solicitations are going out and that if if it's time to look at separating those departments that we really need to look at that um you know i mentioned it way back and i i think that it's time to look at getting a strong person for that and um i didn't know the previous person that commissioner cassell um mentioned but we do need someone strong in that um in that position and so that we can get this thing going the right way did you sorry not to interrupt but because the organizational chart is within a it's a policy decision of the city commission is there a consensus to have mr moore look at that and bring that back to you yes i would say yes yes okay yes thank you okay and then parking also was on my um agendas uh i mean constant uh consistent requests from our downtown um business owners about the parking so you know i am uh amenable to waiting for our test that we have going on to finish so that we can get the results of that but we do need to take another look at that and also i have one thing in the in the interim in the meantime the parking app is pretty amazing i've used it no i mean really shockingly amazing and in fact i uh was on the news explaining it to people it's brilliant and you can find spots all over if you use it and i've used it and that's that's that's that's saying something big because i'm not a technology person at all but i've used it and i like it um i also wanted to get consensus um mrs uh miss deborah walker mentioned i'm having a drive-by of the uh fire department i think it was for miss livingston uh who is celebrating 99 years i would like to get consensus for for us to have that and then also um we have uh a mrs stubs her daughter carol howard asked me um they would like to get a certificate of recognition they're not going to do a drive-by but they're going to have their own family um celebration and mrs stubs is will be turning 100 years old and she is a one of the pioneers and natives of the first bahamians to move here to the city of delray um so i would like to get consensus that we can we just say like one vehicle from each department is that acceptable i'm not sure what the i think the request was it's one for each department so one from police one for fire to stop by for both events that's something i think is appropriate okay um i know i'm agreeing with the recognition all right thank you for both of those and what else do i have that was it i think i had one more thing mr moore reminded me um that i brought up so my my memory um i wanted to talk about um the open vice mayor position that we have yes you did say that and i'd like to get some opinions from the dais about what people are thinking about that like i said from from my background with business continuity it's probably not something we want to leave open for too very long um you know stuff can go wrong and maybe it'll never will and that'd be great but i think we'd be remiss as a governing body if we didn't if we didn't replace that person well just my personal opinion on it is i i think that the charter talks about how that is supposed to go and i think we should follow that however for me i think that once we replace a commissioner long's seat then we should you know be concerned about that as of right now um i'm not too concerned about it but um i'm hoping i think that we need to have the five members here and i hope that we can come to a consensus so that we can choose someone and then at that time um you know be concerned that that's just my personal opinion about that commissioner no that makes sense it's fine i mean i mean we're looking at you know making a vote on that on next week so you know it's not that we're going to be delaying it that we will be i mean on the 20th the next meeting would you all suggest we we bring this back up at that meeting sure sure that would be appropriate yes you feel okay with that great thank you we can just move the agenda item that was originally created and we'll just put it after the selection and then you can have the conversation okay and that will be published accordingly good okay yeah and i apologize i maybe i'm being over dramatic on it but i just feel in the day and age that we live with you know these business continuity situations happen they come out of the blue and you got to be ready for them and i i think i think we should make sure we do that we're with you okay thank you all right thank you if that is that it all right meeting adjourned