City Commission - Regular Meeting

Good evening everyone. Welcome to this meeting of the Delray Beach City Commission this Tuesday, February 3rd. If we could call the role. Commissioner Mark here. Commissioner Cassell here. Deputy Vice Mayor Burns here. Mayor Carney here. We have a quorum. Great. If you could all please rise for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.

Great. Thank you all. You may be seated. Okay, this is agenda approval. I'm I'm asking uh that item 6D4 uh because the family is actually here. We're going to I'd like to move item 64, which is a presentation to um former Chief Carrie Con uh to be moved down right after 4D and before right after you make your presentation um to uh Kathleen Stubs and before the presentation of the uh opioid committee. So 4E. So I'd like to make that four DD. What do you make it? E e E whatever you want to do it we we'll call it whatever

whatever works. Okay. Are there any other um matters for the agenda? Any changes? Any this that or rather? Nope. Then I need a motion to approve the agenda as amended. Motion to approve the agenda as amended. Second. All in favor? I. Any opposed? Agenda is adopted. Thank you very much. Okay. Okay. The first presentation uh will be the the Delray Beach public schools leadership presentation. Jana, you somewhere. Miss Bowens, are you around as well? Oh, you're okay. Fine.

Yes, please. First, good evening, Mayor Carney, Deputy Vice Mayor Burns, Commissioner Cassell, and Commissioner Market. Thank you so much for giving us time this evening to share an instructional update on the city of Delray Beach public schools. We really appreciate being a part of your agenda. And I just want to share that I do have members of the regional office here that are supervisors to the Delray City Beach Schools. Miss Stiger, Dr. Sanders, and Dr. Lockhart are all joining us this evening along with all of our City of Delray Beach School principles, our site administrator from Historic Carver, and Mr. Fred Bart, who is in charge of the adult and ed the director of adult and ed community schools. My name is Rachel Capitano and I do serve as the South Regional Superintendent and very proud to represent our Delray public schools. So, we'll start off this evening with a look back into how our schools have been performing. You can see that we are reviewing data all the way back to 2019 and it was very clear that we had some work to do in our public schools. So, if you fast forward from 2019 to 2025, you can see that we did have some increases in our school grades, which I'll take a look at on the next slide in comparison to the school district. Uh we had two of our schools increase to a letter grades, which was Banyan Creek and Pinerove Elementary. And then we also had uh SD Spaty decrease to a C. And what I'll talk about with Spy is that at the time that they were an A in

2024, we barely got that A. We were right on the border of an AB and it was just enough to push us over to an A. And then when we fell, obviously that was um devastating for Spy and it was just right at the top of the sea. We went through um some challenges with teaching staff um leaving positions in the middle of the year and it really took a hit to our fourth grade scores. However, I'm happy to report to the commission that our current projections for this year's school grade do put us back in that upper B, possibly lower A range for Spy. When you take a look at how our Delray schools are performing in comparison to the school district, you'll see back in 2019, we were only 22% A rated and we had 67% C-rated. Fast forward to this past school year, we have doubled our A ratings to 44% and decreased in half our C ratings to 33%. So, we're very proud of the growth that we've had for our Delray schools, and it's in much more alignment with how the district's performing as a whole, and I'm happy to report that we have have not had any DRF schools in the city of Delray Beach, our kindergarten readiness. So, at this time, I want to take you through the trajectory of how our students enter our Delray schools all the way until graduation and post-graduation workforce in the presentation. So, we'll start with kindergarten readiness. So you can see that as a total Delray Beach has coming in about 50% kindergarten ready. The district in the past two years has been right around 45%. So our students are coming in a little higher than the district itself. You can see our two uh biggest concerns are at Orchard View and Pinerove with our next

concern being at Pimosa. And when we really took a look at how those kindergarteners are coming in um in terms of readiness, we see that under half of them are engaging in any type of VPK or preK or Head Start program to help prep them for kindergarten readiness. Kindergarten readiness is determined at the beginning of the school year with a state test that consists of about um 27 items that will take the students anywhere from 10 to 20 minutes. So that's how that score is determined. I am happy to report, however, that Orchard View, their third grade, even though they're coming in at 21% this past year. Their third grade last year was uh scores for reading proficiency was at 50%, Pinerove was at 73% and Pamosa was at 83%. And all three of those schools are A or B rated. So even though we do have some concerns that they're coming in kindergarten ready, these schools are doing a lot of work by the time they get to third grade. So we are preparing to launch our step into kindergarten campaign and this is where we provide all of our parents with a kindergarten readiness kit and that kit consists of about 192 items and it does come with a parent handbook. We do provide videos in multiple languages and any student who registers um in our schools the parents receive the kit to be able to start preparing. This year we did make a change where we increased our grade levels for the kindergarten readiness kit from ages 4 to six. And so we are hopeful that that will only add to our kindergarten readiness especially for those students who are unable to engage in any type of learning um VPK prek prior to entering our schools. Uh

we will start registering kindergarten uh the week of April 6 this year. So anything the city can do to help us um increase and bring awareness to that and increase our registrations would be greatly appreciated. And speaking of enrollment, so we know that enrollment in our Delray schools has been a challenge. Um the district itself has felt a big decrease in enrollment this past year. We've been 6,000 students down. And in the south region, which is from um the Lakew Worth area all the way to Bokeh, we've lost about 2900 students in just one year. Del Rey lost about 500 students last year. So, we know that we've been watching enrollment over the past couple of years in Delray. This isn't anything new that we're talking about, but the district got hit very hard. The state lost about 50,000 students, and our urban school districts such as Miami Dade lost about 13,000. Broward lost about 10,000. projections for enrollment next year still show another decrease, which is why we're taking um efforts to really reach out to our families, re-engage our families. For example, we do have a a committee that the district has formed with principles on it. And one decision the committee made was to um send out a text message to all of our families that are not in our zone schools to find out why. If you're still living in your zone school area, is it because of academics? Is it because of culture? Is it because of safety, student support? We want that feedback from our families. And then if you've moved out of the district, was it because of a job change, affordability, um environment? You know, we want that information back from our individual families so that we can begin to um re-engage those families that are still living in Palm Beach County. We're also increasing our marketing campaigns.

We've um held our showcase of schools and doing work around customer service. This is a very big initiative for the school district. Here's a look at our um English language arts data for the past five years. So, you'll notice that back in 2021, Delray schools were at about 50% proficient in grades 3 to 10. We did have a test change. We saw a dip when uh the state changed the test to the fast assessment and now we're back up to about 54% in grades 3 to 10. The district's at about 57%. Here's a look at our math data. You'll see that we were at about 43% and then surprisingly when the test changed we were able to hold that data at 49% and currently del performing at about 56% in grades 3 to 8 algebra 1 and geometry and the district's performing at around 60%. the two-year trends of our proficiency by school. You'll see that Pamosa School of the Arts has had the largest increase with 23% plus over their um K they have K8 obviously. So that's accounted for um the two years of the ELA data. And then you also see that village has had a double digit increase of 12%. For our math proficiency, Pulmosa again ranks at the top with uh 17%, Orchard has had a double digit increase at 11% and Village also at 10%. You'll see that there's a dip there at Carver. Um Carver has increased their acceleration and access to algebra and geometry and that's accounted for the dip. We still want to keep on holding our expectations high for our students and increasing acceleration, but that's accounted for why you see that 3% dip at Carver.

We are so proud to let the city commission know that over the past four years, we've been working so hard to make sure that each and every student in our middle schools have access to at least one accelerated course. This could be one core course, English, language arts, math, social studies, or science. We are at 100% across all subgroups of at least one accelerated course, although they could have more than one. Here's how the district looks at 93%. Delray schools are at 100% for middle school students. When we take a look at our Delray high schools and their access to college level coursework, this would be accounted for, of course, at Village Academy and Atlantic High Schools, you see across the subgroups, the steady increase that we've made since 2022 all the way up to this past year. Again, we're really proud of those numbers, especially for our black and our Hispanic students. Double-digit increases. Here's a look at our dual enrollment. So from Village and Atlantic, we've had 82 students partner with Palm Beach State College, which has been a tuition savings of around $88,000 and resulted in about $374 courses. We are so proud of our graduation rate. So, Village Academy is once again 100% uh every single graduate graduated and Atlantic had plus 5% graduation rate and our we're so proud that our Delray schools are above and beyond Palm Beach County. Okay. So, I've given you an update on when students start with us from kindergarten readiness all the way through graduation. I wanted you to be able to see um a review of the life of a

student as they're traveling through our schools. But we know how important it is to make sure that um our students are college and career and workforce ready postgraduation. So, now I want to talk through some of the things we're doing to prepare our students. So, we've focused in on four key areas. Career pathway, career advising, industry partnerships, and student and family engagement. So, as we look at our choice programs, we see those at all levels, elementary, middle, and high. And I am so proud to say I was just debriefing our choice program applications for next school year just closed last week and Carver has tripled in the amount of applications for next year and Atlantic is at about 260 across different their different choice programs for next year. And so now we're going through to check eligibility for students to meet those programs. But what is most impressive uh as I was just talking to principal Edwards is that the majority of the applications submitted for Atlantic were in criminal justice and their new biomed CTE program which I'll talk about in just on the next slide. Those applications, the majority of them came from out of boundary Atlantic High School students. So we're very proud of that as well. So here's a look at our CTE pathways. We know that these are specialized programs to help our students become career ready postsecary. Uh, Principal Edwards will speak. We're opening a brand new biomemed engineer program uh next year at Atlantic High School and that uh application pool was higher than our IB pool. So we were very pleased to see that that program's opening and um the the the interest in the applications for the program and again most were out of

boundary historic carver. So we are so blessed to be um home in Delray Beach to our historic Carver program. Mr. Fred Barge along with M Mr. Cortez have done so many awesome things at this program to be able to offer um on the-site licensing uh apprenticeships, mentorships. Uh they've got their HVAC program licensed to chill. They have their electrical program. And I recently toured the facility with the United States Deputy Secretary of Labor, Mr. Keith Saling, who's up there, and the director of workforce, and they were so impressed. Um, I was just debriefing with Mr. Barch and they've already reached out to put him in contact with others in the Department of Labor to be able to replicate what we're doing at Historic Carver and how we're aligning right out of school right into jobs. And so that is critical for not only the United States but Palm Beach County and Delray Beach. and we were so fortunate to have that visit and to be able to take them to historic Carver. We have so many community partnerships in the city of Del Ray Beach. The community wants our schools to succeed. It is evident in the amount and the volume of partnerships that come in and help our students, our principles and our staff and our schools every single day. Um we meet regularly with um organizations like Roots and Wings, Best Foot Forward. Uh Chief Hunter is involved in in our schools monthly and I know that um he's at Carver every Friday. So um we're so blessed to have just a list of so many community partnerships and we those of you who are here this evening that are affiliated with these groups on behalf of the school principles, students and staff and the regional office, we really thank

you for your commitment to our schools. Here's pictures from Chief Hunter. Um they do quarterly pace setter awards with our Delray Beach schools. We transitioned um with the help of Miss Bowens into this for this coming school year. And you can see some of our students and um our principles in these photos and we say thank you so much Chief Hunter. So, I really just want to highlight three areas on this slide for how um the city commission can help us. And we are always looking at our attendance. Um Delray aligns with the school district in absences. We have about 65% of our students miss about five or more days and a roughly 32% of our students miss 10 or more days. So, we're always looking to decrease our absenteeism and our tardiness because we know that students need to be in school to learn. So, that's our first big initiative. Our second initiative is really to be kindergarten ready. Um, I was thinking at some point maybe the mayor or one of the commissioners, you guys could even do a a video with our kindergarten readiness kit to talk about our families um coming to our school to enroll and register. and the kit that we provide um to help us, you know, make sure that we're getting investing early in our children for our Delray schools. And then last, but certainly not least, is really just our access to internships. We want our students to be able to um leave school and be able to go to internships and apprenticeships right here in Delray Beach. We know that we're preparing the next workforce. We know how important that is. And so, um, any support that you can give us with our students in the career pathways always greatly appreciated.

And you are home to principal Shante King of Pinerove. She was the Palm Beach County um, school district principal of the year. Pinerove was an A rating and we did open up Pinerove this year. And then most recently, Principal Sandra Edwards, one of 15 in the state, was just named the Florida Tax Watch principles for her movement uh with our atrisisk students. So, congratulations to both of these ladies. And at this time, I'd like to invite the principles up to come up and give you an update on each of their schools.

Sure. Sure. Yeah.

Probably going to be more efficient for them to speak from the podium. I think that's how we did it last time. If you all want to go ahead and go over there so that way we're not Thank you so much. slide. Yes. Good evening. I am Sandra Edwards. I am the very proud principal of Atlantic High School. And just to share a little bit about Atlantic, we were the first school in Palm Beach County to bring the IB program. And our IB program consists of our middle middle years 9 through 10, Atlanta with our diploma program 11 through 12. And then we have a career related program. Those students enter in our IB program, but they can go they can receive an IB diploma or they can receive a certificate in their career. Atlantic, we have a lot of in-housemies. So, there's a lot for students to choose from. Um, as you can see, we have 14 choice and in-housemies. And like Dr. Capitano shared, our biomed engineering, we're really excited about that. The district is really pushing that for us. So, excited about that. And then, of course, our clubs. There's always something for students to do at Atlantic High School. We offer a lot of clubs there and we do believe in the whole child. Um, they get their academics there, they get their sports there, they get their social there. So, a lot is offered at Atlantic and as the principal of Atlantic, I invite everyone or anyone to come visit Atlantic and just can show you the great things that are happening there. But thank you for allowing me to speak tonight.

Thank you very much for your work. GOOD EVENING. I'M Jerry Ryappel, the proud principal at Banyan Creek Elementary, and it's great to be able to be here and talk with you and talk with you in regards to Banyan Creek. Banyan Creek is an A-rated school. We are a PBIS bronze uh award winner for um our positive behaviors that we have going on. We are servicing about 816 students in preK, VBK, kindergarten through fifth grade. Uh we're diverse school offering different programs whether it's gifted, gened, accelerated math programs, deaf and heart of hearing, augmented communications for our um some of our most needy students, ASD and EBD, emotional behavioral disorder. We have we usually run about two gifted classes per grade level and we also have our accelerated math programs in three through five. And one of the proud things is that with our fifth grade class last year in AMP, they had 100% were level fives for the fast test. So, we're very proud of that. We are also recipients of a $50,000 uh FPNL grant which is going to help build our robotics and STEM programs at the school. We have many different things that we're going to be incorporating in there and we've been able to open up two rob robotics labs on the class on on the campus. So we also offer digital uh toolkit certification for our students. We are a choice program for technology and we also offer many different

extracurricular activities on our campus and Banyan Creek is the best choice for your children. Thank you very much.

I'll hurry up and go before they come and get him. Okay. Elementary. My name is Shannon Grace. I'm the proud principal of Carver Middle School. Um we are the Proud Eagles. We are also the highest rating of PBIS model school. That's our behavior. We have wonderful choice programs. I know they already went over them, but I do want to highlight our criminal justice academy officer Ada, which I would like to say thank you to the city of Del Rey because she is loan to us during the day to be an instructor. She actually spoke at the Lapsson National Conference. That's the law and public safety uh education network. We are the only one in the country along with Atlantic High School that has that pathway from middle school to high school. So that is something definitely to be proud of cuz we're getting a lot of our students ready for a job with the batch, meaning a a career in criminal. Thank you. Thank you. And the Friday he's there, I just want to say it's fun Friday. We have music playing. We have games. We have jump rope. So everyone is invited between 9:00 and 9:30. So please come out. Couple other highlights for Carver Middle School. Yes, we are increasing our enrollment because I know that is something on everyone's mind. Just so you know, this year we took our bus. We picked up every single feeder school fifth grade and even some from Boon Beach and we brought them on campus to see our beautiful campus and to see all the programs we have. We think it's important they experience a day at Carver. And it was interesting cuz the adults and the children were like, "Wow, this is beautiful." because we have a beautiful campus. Um, couple other things. Del Rey, thank you so much for your waste management grants. We have now esports. We also have our maker space and we just purchased drones. We're starting a drone class next year. We also started our premedical academy in line with Atlantic High School. We do align our programs and also we're

stopping our kids from going to Bokeh. They were traveling to Bokeh. Sorry, I know. but they were traveling to Bokeh to go to premedical. So, we're like, "All right, you don't need to travel." So, we're really excited. That just started in January. And so, those are some of the things that we're doing. Um, thank you, Delray Tennis. They come every week. First Tee golf comes every week. We also have our esports, No Place for Hate, National Junior Honor Society, Student Government, um, our afterchool programs, cooking, art. I believe that our kids need to play after school and be exposed to those kind of fun things. Um, just a couple of other things. I already mentioned drones. Our robotics club is actually competing at regionals. We're really hoping to go to state. Actually, the club sponsor already filled out the paperwork. So, I may be coming for donations to send our team to the state competition. So, great things happening at Carver. Please come out and see us. We just refinished our media center and I'd love for you guys to join us. So, thank you.

Good evening. Uh, my name is Joe Cortez. I'm the site administrator for historic Carver Technical Education Center. Uh, we serve the adult learners in the community and we are extremely excited to do so. With that in mind, if I say anything that interests any of you, please come see me after the meeting. Um, but we offer um lots of different programs. We started humbly with uh phabbotomy and home health aid in about two in 2017. Um we've with the uh expansion of our campus in phase one with a new building and renovated building. Uh we now offer pre-apprentice trades. We offer um apprenticeships in electric and air conditioning. Um we offer uh we've expanded into the medical field with medical assisting. Um, we now offer a culinary program. Uh, and so we've partnered with a lot of organizations in the community and in Palm Beach County. Uh, we want to continue to strengthen and expand those programs. So, we're uh, communicating with the local high schools, Atlantic and Village, about ways to partner and possibly uh, offer dual enrollment in the upcoming term. Uh so we really want to provide an opportunity to for students to enter into the workforce whether they're 18 19 year years old um you know looking for kind of their first career opportunity or they're 40 50 looking to retrain um and and learn some new skills or different skills that can help them uh enter into the workforce. Um, so we're really excited to do that. And, um, we operate both in the daytime and the night time. So, we have programs, you know, for everybody. And like that, we're we're exciting about we're excited about continuing to just grow and offer more opportunities to the community um, to help them into the workforce. Thank you.

Thank you very much.

Good evening. My name is Stephanie KTO. I'm the proud principal at Morakami Park Elementary School and thank you very much for inviting me to speak. I'm honored to share what makes Morakami Park such a special place for our students to learn. We're located in Delray Beach. We're an authorized IB World School dedicated to the international balorate primary years program. What does that mean for our kids? It means we don't just teach facts. We foster internationally minded students through our inquiry based learning. Our students explore the world in three languages, English, Spanish, and Mandarin Chinese. Our students challenge themselves through our advanced math pathways. By the time they reach fifth grade, they're tackling real world global issues in a year-long service project called Exhibition. We'd love you to come and and see it. It's at the end of the school year. Um, as a result of our rigorous curriculum, Orai Park is currently ranked in the top 1% of all pub Florida public elementary schools. We're a national blue ribbon school of excellence, a magnet school of distinction, and a PBIS gold level school for our positive uh campus culture. We believe in educating the whole child. That's why we pair our academic rigor with a robust fine arts program, including music, art, and our innovation lab. All supported by a incredibly active parent community. Many of our parents from Delray Beach, and a diverse student body that prepares our children for the real world. Um, we aren't just preparing students for the next grade. We're empowering the next generation of global citizens. And we'd love for you to come take a take a tour of Morakami Park. Thank you very much for allowing us to speak.

Thank you very much. Good evening. I'm the very proud principal of Orchard View, Danielle Garcia. I'm also a Boon Beach resident and my student is at Atlantic High in their amazing criminal justice program. And we love it. We love it. It helps that it's 5 minutes away. Um, at Orchard View, we house preK through grade 5. We also have five units with students that have autism. Uh, we're a bronze school for positive behavior support and for school culture. uh we do a lot of work there. We're trying to provide opportunities for students in school so that when they get out of school, they have some sort of a pathway besides going to middle school and high school. We have an AMP program that starts actually at grade 1. The district starts at grade three. We brought it down to first grade to try to provide those learning opportunities and outside the box thinking prior to third grade AMP so that we can hopefully keep those students in AMP until they get to fifth grade. We also have an outside the view. We try to make sure we we we're so focused on students that have you know learning challenges and they need extra support but we then kind of forget about the kids that are higher that we need to really enrich. So our outside the view program provides that opportunity and gives them learning experiences with math, science, some social studies, financial literacy. Uh and they really are doing a great job with that and we're very very proud of that. Uh that's just at Orchard View. So I like to put that little little thing in there. All of the work that we do at Orchard View is data driven. All of it from the beginning of the school year, really from the ending of last school year to the beginning of the school year and throughout the year, we're making shifts so that we're providing the best learning opportunity for our students as well as the best teachers sitting in front of them. Uh you know, we want to make sure our kids are ready not only for Orchard View. We're working on our kindergarten

readiness. We have two VPKs there to try to get them ready. Unfortunately, not all kids stay at Orchard View. So, we're working on that piece, maybe even trying to get an additional VPK. Um, we work closely with Carver Middle to make sure that we're sending them the very best students. I think we've done a pretty good job the past couple years sending you some really good kids. Um, and they're excited and that experience that they had where they went to go see Carver was eye opening for them as well as our as our teachers. So, we're doing great things at Orchard View. again, please come by and see our school. I don't have any choice programs, but we're doing great things there and we'd love to have you anytime. And thank you very much for letting us looking forward to seeing you in Del Ray Reeds. That's where I always go.

Well, good evening. My name is Rhonda Smith and I am the proud principal of Pamosa School of the Arts, your A-rated premier performing arts school located here in Delray Beach. There I am. All right. So, I'm like, that's not me. All right. So, um a little bit about our school. So, I have uh provided you all with some um information regarding the school. Nice little folder there. But we are the recipients of the ECT award, which is given by the state of Florida, and it is the exceeding expectations award. This is very close to being a blue ribbon um award-winning school where we are in the top 1% of title one schools here in the state of Florida. Uh my team and I were able to go and receive that award over the summer and present on all the best practices that we utilize to be able to achieve our A-rated status. Um in addition to that, we have a robust performing arts program offering eight different disciplines and we also offer a Spanish language immersion program um dual language program. And I have to tell you, of all of the programs, because we offer many at Pomosa, um that one is near and dear to my heart because it really does afford students uh a multitude of opportunities by becoming bilingual and biliterate by the grade um fifth grade. And so that is really amazing. Um something else that we are super proud of and Dr. Capatano actually mentioned it was our 83% proficiency in third grade reading. Um that's a huge feat for us. Um I've been the principal at Pamosa now for four years. Tomorrow is my 4 year anniversary. Thank you. And it has been such an amazing ride. Um I'm most proud of the teachers, the people who pour into students each and every single day. It has not been an easy feat um jumping from a C to an A and then of course maintaining that A. But we are steadfast on making sure that we um provide a multitude of services to

our students um more so not just to make sure that they are academically sound but they're well-rounded by having the artistic um talents cultivated in them each and every single day. In addition to um all of the wonderful things that we're doing on top of our campus or inside of our campus, we also did a promotional um event here in Delray and it was called Fall in Love with Pomosa. And uh we were so excited. It was a week-long experience where we went into your city, our amazing city here. Um and we partnered with the creative arts center, and we facilitated classes for an entire week, offering the community free classes to be able to come in and experience what it would be like to be on our campus on any given day. And it was such an enriching experience for I believe the community, but definitely for my staff and I to be able to pour into our community and really show what it is that we are here to be able to provide. Um, Pomosa is the only school of its kind in Palm Beach County. Being that it is K8, it is a performing arts school. Many of our students do metriculate and go on to schools like Drifus School of the Arts, which you know is one of our renowned schools here in Palm Beach County. And we're really proud of that. Um, and as a principal, I have to say I'm very, very proud to be a principal here in the city of Delray. I've worked in a number of cities and Delray definitely loves on their schools. They love on their principles. Um, the amount of the people sitting inside of this room today that have impacted um, our school and our students in a multitude of ways. Like, we're forever grateful. So, thank you for all of your support. And thank you for your time this evening.

Thank you very much, Manda. Hello everyone. My name is Jasmine Compare. I'm here on behalf of my wonderful principal Shante King who was unable to make it today. I would like to highlight a few things that are happening on our brand new campus. The first thing is safety. Um we were awarded a gold medal for PBIS last school year. We have brand new um automatic door locks on each door. We have a throughout the school a stratious crisis alert system. We have a police officer on campus every day. We also have a access control system throughout our entire campus and we have over 80 live cameras that are in color which is very cool because we get to see everything. Another thing we're working on is instruction. Last year we had our 73% proficiency rate for third grade. Um we continue to focus on providing high quality instruction aligned with the Florida State Standard. We have small group instruction that happens every day for reading and math. We have all hands- on deck approach for all students, which means our principal and assistant principal are pulling small groups to make sure that all students are getting what they need. We have AMP for our advanced learners. And we also have prek, third, and fourth year old classrooms for VPK. And last but not least is our enrichment. We have wonderful um programs on our campus which is Teachers for Tomorrow, Drummers Club, um Battle of the Books, Dolphin Chorus, as well as No Place for Hate for Step and Dance, which were featured in the Delray Beach Christmas Parade. So, thank you. And we love Pine Grove. WOOHOO! DR. Capitano and Miss Stiger, meet the people of my neighborhood. 18 years at Spatty Elementary. I get to live the dream, right? I get to work here, live here, and play here. So, um, this town is everything to me and and the school which I serve. So, everything that everybody has said up till now,

like we're doing the same. So, I'm going to highlight some of the things that you may not have heard from other schools. And one of the things is we started uh age three and we have an application. We are 100% choice. And so far, we have three applications going into next year. So, we're pretty excited about that. We are the proud recipients of the Betty Harmon Warner MMUN Reading and Emerging Leaders Center. That's a mouthful, but it also came with a really nice check of $250,000 over the next five years to get our students reading and learning and they participate in the model Monasuri United Nations program in New York City. So, this grant will fund their trip and all the teachers to get them ready for it. In fact, they leave in two weeks for the maiden voyage and we're very excited to see all the things that they can do. The program had eight kids going originally because of affordability and now we are over 20 and we hope that soon we will be 40 and we will just keep growing over those five years. Um, our chorus is an award-winning chorus that has gone to Carnegie Hall. Our music teacher, Mr. Clark has been servicing Speedy Elementary for 38 years. All right. And Chief Hunter, thank you for the honor of letting us sing the national anthem at your swearing in ceremony. And we are also home to December's Thank a Teacher recipient, Ashton Hines. And we are also the recipient of the best school in Delray Beach at the holiday parade two years in a row. Thank you so much for your time.

Thank you very much. Good evening everyone. I am Latoya Dixon, the proud principal of Village Academy, home of our students from the cradle to college and all the things that everyone else has said. So, um I well I do want to share that Village Academy is one of the most unique schools in Palm Beach County. Um, we are the only public school in Delray Beach serving students from Head Start, which includes VPK, infants and toddlers, three and four year olds, elementary, middle, and high school students. And as you heard earlier that soon our students will have an opportunity not only to go to Palm Beach State College for dual enrollment as we have, but have an opportunity to um possibly explore some opportunities in the career dual enrollment program right next door to the historic college. So excited about hearing about that. So, um, one of the things that I'm most proud of during my time here at Village Academy is being able to, um, sustain a 100% graduation rate. You might ask, why are we able to do that? Thank you. Um, our our structure at Village Academy is to nurture children from the cradle to college. You know, without a high school diploma, it is nearly impossible to be all that you can be in these in these times. So, our school is small enough to know when our students are sneezing, why they're sneezing, and why they might not be sneezing sneezing. So, it is a goal that is um achievable, but it's also done with a lot of heart and love um as the name of our school, Village Academy, because it truly does take a village to raise a child. So on on to our families, I want to say at Village Academy, you can see here that our families have the opportunity of staying with us for 15 years. And at every graduation rate, no matter what the enrollment rate is, nearly 50% or more of our students have been with us from elementary all the way through high

school. Um our focus, um we have a choice focus. Our program is choice, 100% choice. Plus, we um focus on highlighting on the small environmental piece there. Families choose our school because they do like the family structure that we have there. Um a lot of our families are workingclass families and they really entrust the school principal and the leaders to make sure that we are guiding their students around down the right pathway. So, speaking of pathways, college and career pathways at Village Academy, we are an AVID school. We have honors programs. Our students take advantage of accelerated courses, ACE and dual enrollment pieces. And we don't end the day at 2:25 for our middle and high school students or 205 for our elementary students. Our day is extended by our after the bell program. We have a long-standing relationship with the achievement center for um children and families. We have an elementary program, a teen program. Our students also get to have an opportunity to earn um earn money. There's an entrepreneurship program um with the achievement center where the students are reaching back to the younger students and mentoring them through our afterchool program. We are our school is home of a 21st century afterchool program which again extends the day and enables us to kind of um you know capitalize on enrichment or learning experience opportunities that our students may or not get when they leave our campus. Um, additionally, I'd like to add that we are recipients of a new grant um in the amount of 85k plus or minus um with an afterchool program that is being funded by the quantum foundation, theu children's service council and I'm also partnering this year with the coalition of student um student achievement. So, they have been instrumental in making sure that these programs are solid and funded here at village academy. So I do want to say a shout out to um programs such as that

and also the roots and wings program that has been with village academy over some times and they have helped with the growth of our school. So the learning lab which I just mentioned about with the partnership the quantum foundation is really an exciting program that is really taking off with our middle and um our middle and our ninth grade students. And through this program again we're extending the day. We are um reinforcing the importance of school doesn't end when it ends. You have to put in the work if you want to really go above and beyond. Um so that is contributing to the growth that we're having. We have included community partners have come in. We've had over 15 um guest speakers to come in and meet with our children. And I would like to say to deputy vice mayor, get that right um for coming in and being one of our speakers. And I also open that up to um other other members as well to come and um give up a Friday afternoon for us. It's a great time for our middle and high school students. And I end with saying it really does take a village. That is cliche but it is the heart and the pulse of Village Academy. Our school is built on relationships and our community members are not just partners, they are visitors on our campus and we welcome them and our students are role models for each other as well as um our entire staff. Thank you so much.

Uh Miss Dixon, who is your sack chair for the last 10 or so years? Pardon me. Our SAC chair for the last five or more years is um Deputy Vice Mayor Angela Burns. She is absolutely amazing. Thank you. A shameless plug. I I have no shame. Continue. Mayor Carney, we want to say thank you to the yourself and the city commission for affording us this time this evening to be able to present on our schools. Thank you very much for coming. It was a great presentation. I think we all learned a lot.

Thank you. And you're all doing a great job. The next will be a The next will be a presentation by the Honorable Mike Caruso, who's the clerk of the circuit court and controller for Palm Beach County when he finishes politics.

Well, you're up, Mr. Clerk. Well, good evening, uh, Mayor Carney, Vice Mayor Burns, and the city commissioners. Uh, give it up for these principles. They've accomplished so much. And, UH, you know, it's good to be home. I raised 35 I've raised 35 kids over seven years here. Sometimes it felt that way. Um I raised seven children and and 35 years. But it's great to be here back here in Delray Beach as your um clerk of court and comroll of Palm Beach County. Um, you know, and to hear about these schools, you know, my kids went to these schools and and to hear about the graduation 97% over 97% graduation rate, internship programs, vocational training, multilingual uh, studies and 100% accelerated class participations. My gosh, it just shows how when a community focuses on an issue, they can accomplish so much. and uh and with you know I and I know none of this happened without the support of of the commission and uh all members throughout the uh community. So congratulations, mission accomplished. Uh what a great report. Um you know, when I was first appointed clerk of court, I in back in Palm Beach County by the governor in um in uh in August of uh 2025, I laid out five priorities. Uh one was to modernize the vendor payments. They were still doing it all by hand, $10 billion of payments throughout the year and they're processing it all by hand in the county. So, we're we're in process of of changing that. Um, we advocate for a statewide unified searchable database so that no matter where you are in the state, you can look up records um without having to go to each individual county to do a search. uh maintain conservative and sound

investment principles and then to protect citizens our cit our elderly citizens against guardianship fraud and all of our citizens against property deed fraud and other scams and that's that's what brings me here today as Ann Gas from the Palm Beach Post says the season for scamming um throughout Florida people are getting phone calls text we all get it right um every day emails uh from our county clerk's office and from I say the county clerk's office, from the Palm Beach Sheriff's Office, from the Department of Highway and Motor Safety Office, um reaching out trying to scam you out of your hard-earned dollars. Um these messages are they're good. They are really good. And and some of the ones I want to talk tonight have to deal with unpaid traffic tickets, uh citations, jury duty, failing to show up for jury duty, and um and of course uh property deed fraud. And and this is a big deal. You know, the Federal Trade Commission reports that there was 12 uh 12 billion dollars of of scam fraud last year. Well, if you know that 95% of scams don't get reported, we really had about 160 um mill billion dollars of scams throughout the country. And and that's just way too much. So, um and of course, Florida number one always, you know, we're the scam capital of the of the world, I think. Um and no longer are scams as obvious as they used to be. It's not getting the phone call that you've won the lottery from Nigeria and and and all you got to do is pay the tax on the money and we'll wire it right to you. Uh no longer is it the IRS asking you for, you know, calling you up and saying, "Listen, you owe $4,500, otherwise we're going to come and arrest

you. I'll meet you in the parking lot of Home Depot and you can have some gift cards for me." It's no longer than that. No, these these are trained professionals and they even focus group their scripts. Can you imagine? They focus group their scripts to see what is more effective at at getting your hard-earned dollars. Um, and that's that's what brings me here today. I've been working as your clerk. I've been working with Alexi Cox. I've been working with um Sheriff Bradshaw um to to to to stop this and the and and to push it out of Palm Beach County into another state even uh another country. I want it to all go away, but um my priorities Palm Beach County and you as as as our constituents. Um the clerk's office, we're here to help. And part of that help is um through a plan with the state attorney, state attorney's office and the sheriff's office to educate, apprehend, and prosecute. And our part is a clerk's office is to educate. And our teams, we've been visiting communities throughout the county. Uh and I intend to go to I'm going to try to get to every community in the county. I think tomorrow night I'm in Tropic Isle right here in Delray Beach talking to their community about the property fraud uh deed scam that's going on where they're stealing. They don't want they no longer want to steal the stuff in your home. No longer the TVs or the VCR if you remember those days and and uh you know they want to steal your home itself and that's insane. So, we want you to be aware, be smart, and be safe when it comes to to what's going on out there. And when in doubt, don't give your info out. It's as simple as that. You could have this much belief that what is being said is true and accurate and that it is the clerk's office

calling you. You could have that much belief that that's what's happening. But if you have that one pepperc corn seed of doubt, don't give your info out. It's that simple. Um because anything that they're saying this urgency that it's got to be done now and here um it's false. Nothing has to be done like that. Just if and and I give you the general rule. If they're calling you and they eventually get to the point where they're asking you for a credit card, that's a scam. Period. End of story. It's the way it is. Um so let me talk about a couple of them. One, clerk's office calls you. I say the clerk's office, not me, okay? But it's the clerk's office. It's some criminal sitting in a chair having a beer smoking a joint, okay? Who's calling you from a focus group script, okay? And this is organized crime, I promise. And and and what we don't know is when you get a traffic citation, it becomes public record. Everything on your driver's license becomes public record and that the actual traffic citation. So, what they do is they confirm that they have the right person, that they've got my Caruso, and I live it. uh 1830 Lake Drive, Delray Beach, Florida, and I'm 510, got green eyes and whatever. Okay. And they knew I got a traffic citation for failing to come to a complete stop at a red at a stop sign, you know, on on um on Lake Drive, okay? And they know exactly when it is. And they give you options that sound real, okay, to pay it. One of them is you can go to the Palm to Palm Beach Gardens uh courthouse and pay your citation. and you go, "Well, that's legit. That's a real deal." You could you could go to the Delray Beach one, but they know they don't want to tell you that because they know you won't go to the Palm Beach Gardens one. Okay? Or you can mail that citation in with a check to the to the address on the citation, which is which

is our that's legit, too. But it's due in two days, and your license is going to get revoked if it doesn't get here within two days. So, that's legit. or I'll transfer you over to my deputy clerk and they'll be happy to take your credit card. Okay? And and so you go, "Well, I don't want my license to get revoked. They knew everything about me. Who else knows all of that about me other than the clerk of court of Palm Beach County?" So you give them that. Couple things happen. They'll even charge you the 4% fee for your credit card to legitimize it. Okay? That's how good they are. Okay? They're that good. Don't do it. Um, give it out. Another one, jury duty scam. Palm Beach Sheriff's Office calls you up. The Palm Beach Sheriff's Office calls you up and they say, "There's a warrant out for your arrest. You failed to show up for jury duty." And your response was, "What is it everybody? I never got a jury summon." And I just saw you, Commissioner, you got you've got a jury summon right now on you. You showed it to me. Okay. Um, that's a real one. But make make sure you show up. Um but but let me tell you this, Commissioner.

It's a real one. Yeah, you verified it.

Got my name on the top. That's right. Um and and my name Yeah, we were talked about that. But um if you don't show up, Commissioner, I'm not going to put out a warrant for your arrest. Okay. I'm not. Okay. Because I don't. Okay. But they say you failed to show up. There's a warrant out for your arrest. And um here's your options. You can come to the you can come to the courthouse again. Okay, but we've got facial recognition. You'll probably get arrested before you make it to the front door. Okay, that's good. And they go through the things, but then they're going to transfer you to Lieutenant So and so, okay, for payment. And I called I This one was so good. I got this call. This one was so good. It was about a week before I became clerk. Okay. Before I knew all the way things operate, it was so good. I picked up my wife's phone and I called Rick Bradshaw himself and he answered and I tell him, I go, "Rick, I got this these people telling me there's a warrant out for my arrest, blah blah blah." You know, and he says, "Mike, hang up. It's a scam." I said, "Man, it sounds good." I said, "I know the lieutenant that's that's calling, you know, and and he goes, "Mike, if there's a warrant out for your arrest, we're not going to call you up. We're just going to show up at your door and handcuff you, okay? You can't pay off a warrant." So, that's that's one. But those scams will create you'll you'll spend some money. You might lose five grand. You might lose 10 grand. Okay? It's going to ruin your day, maybe your week, maybe a month. But here's the big one. Here's the big one. They want your house and they're stealing your house. And it takes them about an hour to fill out the paperwork, file it to where they're filing a quick claim deed that transfers

the por your property, your home out of your name into their name. Within a week, they've got a loan against the property. And within a month, they've sold the property. And you don't find out until they knock on your door and say, "Who are you?" They're saying to you, "Who are you?" And you go, "I live here." And they say, "I just bought this home. You need to get out." And they're going to call the sheriff. And probably you're going to have to get out. Okay? And so what we've got, we've created a a system of an alert to where you can go onto our website and you can register your property, okay, for property fraud alert that if somebody messes with your deed, okay, anything that happens to your deed, you're immediately going to get an email. And we've all seen it on TV. The service, my service is free, okay? You don't have to give me any of your personal information because I already know it all. Okay? But these things on TV advertising it, you've got to give them all your personal information. Here's the worst one. You have to give them your credit card. Okay? And I don't like that. See, our service, the clerk's office, is free. So, you sign up. What we do is we attach an email address, your email address, or five up to five email addresses. your attorney, your CPA, your your son who's always on the internet, you know, okay, or whoever you want. Well, and five people including yourself. And the moment that something happens to your title, okay, you're going to get notice, okay? And if you act immediately, we can, which includes calling our office, okay, we can tell you and advise you as to how to alleviate the the fraud that's taking place. And but please no delay.

If you wait a week, like I said, they will have a loan on your property. And if you wait a month, they will have sold your property. And it's almost impossible to reverse after all that takes place. So if you get that, please sign up for public uh property fraud alert. It's the the website is my palm beachclerk.comfa as in property fraud alert. That's my palm beachclerker.comfa. And my my goal, my mission, my mission is we have 600,000 properties, parcels in Palm Beach County. My mission, I will not stop until all 600,000 have signed up for Property Fraud Alert and we kick these these criminals, this organized crime, this this scam on our people out of Palm Beach County down the road a long way. So, that's that's what I want to do. Um, it's um it's a big problem. Um, don't fall for these scams. Please don't fall for these scams. Uh, like I said, remember, when in doubt, don't give your info out and sign up for a property fraud alert. Thank you. That's all I have.

Thank you very much. Very, very good information. Can I ask one? I've actually already signed up for it. Thank you, mayor. That's great. You could sleep at night. Yeah. I know that anybody who hasn't signed up is going to be if they don't sign up tonight, they're going to be worried about it. Well, I would I would encourage everybody to sign up. Thank you. Now on your phone.

Thank you. And and if and if mayor, if I could, um if you have any trouble signing up for this property fraud alert, you call you call me, call my office. I'd rather you call me and ask how to sign up for it than not call not sign up and and then call me down the road and go, they stole my house. That's the call I never want to get. So my number is 5617029319. And if you didn't catch it, catch it on the replay. And you do answer and I answer. That's my phone. That's the one my wife Tracy right there calls me on. So I'd rather get that phone call than the other phone call. So please sign up.

Thank you. Yes. Uh Mr. Cruel. So how else are you notifying residents, Palm Beach County residents about this?

Well, we've got some public service announcements on TV uh go that are out playing airing right now. You'll see them through uh the end of February and then you'll see them on the Olympics and I think the March Madness they're going to be playing. So, we're trying to get the word out. My part of the job of the of the trifecta here with the state attorney and the sheriff. My job is education. I am going to if you're part of an association, call my phone number. Uh text me. We would love to I'd love to come with a team of 10 people with their laptops from my office and sign everybody in your community up. Um that sort of thing. So yeah, spread the word. I'm go on the Tropic Aisle tomorrow and hopefully we'll have a hundred, you know, homeowners there and get it signed up. And I know the hundred that didn't show up, okay, will be calling me back to have me come back and finish it.

Okay. I'll be contacting you. Can I also Mike, I did see your advertisement and I didn't mean to sign up. Um, thank you for the reminder. I'm going to Is there a particular demographic affected? I mean, you're going to Tropic Isles, so really this isn't just affecting people who maybe English isn't their first language or they're maybe struggling to understand when someone calls. And what specific information is given out that someone can take the deed to your home? Well, you're you're every all that is public record, right? That's my all public record. Anybody can look it up. I could look up you and all that stuff. How are they transacting that and and who they're targeting is and and and sadly they they target our most vulnerable, right?

Those are your fixed income elderly over 65 that homestead their home. Um and and and um they're the ones they're attacking most and don't have a mortgage. They've paid it off. They're living their golden years, right? They're the ones that are are are number one being attacked. But if they are using AI to look for the elderly, to look for properties that are paid off, to look for properties where the address on the property is not the mailing address. Got it.

And they are targeting them if a vacant lots uh things you don't visit. It's it is it's it's sad. But they are using AI. They are trained professionals. I describe it like this. Um, they are a major league baseball player pitching at 102 miles an hour to a 10-year-old and an 85year-old woman at bat. Yeah, we hardly have a chance and I'm trying the even the playing field with the pro property fraud alert. Right. Maybe through the tax collector's office of mailing or even churches and everything. I mean and I'll spread the word

and I have been just last week I was in Tallahass here. No, I guess two two two two weeks ago. Um today's today's Tuesday, but yeah, two t two Tuesdays ago. Um I was in Tallahassee with my team going from legislator to legislator, from senator to senator talk. We've got legislation up there that'll give me more tools in my toolbox to stop this, to fight this, so that somebody just can't walk in with a a fraudulent deed, a fraudulent signature in a in a notary that doesn't even exist. Right.

Okay. and and file that that change of ownership. So, um hopefully that'll get passed by the House, the Senate in Florida, and signed by the governor and then I'll have more tools in my toolbox. But until then, God knows sign up for PFA. Thank you. Thank you. Have a good evening. Thank you very much.

We now have a presentation of 211 awareness week. So, I have a proclamation here that I need to read. Hello there. Hi. How are you? Good.

Whereas 211 Palm Beach and Treasure Coast has responded to more than 3 million calls to the 211 helpline since inception in 1971 and receives over 120,000 requests for help each year. And whereas 211's highly trained and accredited team continues to serve as frontline responders 24 hours a day, every day of the year, including times of disaster and great uncertainty. And whereas 211 provides free, confidential, and 247 access to life-saving crisis intervention, suicide prevention, emotional support, and community navigation services year round. And whereas the mental health of many in our community is at risk due to challenges with health, addiction, and a lack of basic needs such as housing, utility payments, food, and transportation. 211's team handles every request with compassion and empathy, deescalating crisis situations, and helping people navigate community resources to overcome everyday struggles and life's darkest moments. And whereas 211 also offers specialized advocacy and support programs to groups who face a higher risk of crisis, including seniors, veterans, and first responders, and children with developmental delays and other special needs. And whereas 211 is also a the regional responder for the National 988 Suicide and Crisis Lifeline, the Florida Veterans Support Line, and other special projects designed to help people facing unique crisis situations. Now, therefore, I, Thomas F. Carney Jr., for mayor of Delray Beach on behalf of the city commission to hereby proclaim February 11th through February 17th, 2026 as 211 awareness week in the city of Delray Beach and urge all citizens to be aware that 211 is available by phone, text, email, or online chat 24 hours a day for anyone seeking help with everyday challenges or crisis situations. The 211 team also helps people connected to local resources for mental health counseling, substance abuse disorder,

healthcare, employment, food, housing, daycare, legal services, and so much more. In witness where I have set my hand and sealed and caused this official seal of the city of Delray Beach to be affixed this third day of February, 2026. Thank you so much. First, I'd like to take a photo with you and then share a few more details about 211. Whatever you would like to do. Excellent. It's good to see you. Good to see you. How you doing? Good. Actually, let me put that down. Okay. Nope.

Thank you. Thank you so much. Good evening, commissioners. My name is Elizabeth Burroughs and I am the director of development and community relations for 211 Palm Beach and Treasure Coast. And uh I haven't always worked there. I actually used to work here in Delary Beach. So I'm glad to be back here um in the commission chambers for another meeting. Feels familiar. Um I'm very very grateful to be here to share with you all about 211 Palm Beach and Treasure Coast. So, as you heard in the proclamation, our agency was founded 55 years ago in 1971. So, we're not new to this. We're true to this. And we have served over 3 million people and responded to over 3 million requests for help during that time. In 2025 alone, we responded to uh again over 120,000 requests for help. uh more than 48,000 of those were in Palm Beach County and uh over 30 about 3,700 were in the Delray Beach area. And how do we know that? It's because when people call our line for help, we ask a few voluntary demographic questions. And so if the caller or texter is not in crisis, then uh hopefully they give us some of that information. But part of what this also means is that not every Delray Beach resident that calls 211 is represented in those numbers because if they're dealing with crisis or if they decline to share that information, then they're captured only in our regional numbers. So those numbers that we can share with you always underrepresent the people that we serve in our communities. What we can say is that the work that we do is incredibly important. It is life-saving and it is lifeenriching. uh and we are proud to have such great support and partnership with the city of Delray Beach and the communities and organizations that are here in this community. So we are uh accredited three times over once by the American Association of Suicideology that is for suicide prevention. We are also

accredited by Inform USA for community navigation and crisis intervention services and we are also accredited by nonprofits first for our nonprofit management and fiscal oversight. And what that means is that our organization is committed to quality high service uh and to doing things according to industry standards and best practices. And so we are committed to getting positive outcomes for everyone who calls or texts or emails us for help. We also have partnerships with over 1,600 organizations, many here in Palm Beach County and in Delray Beach, uh who have agreements with us. They give us information and we list their programs and services in our online database so that our specialists who take those calls and requests for help can pull up information and get people connected to the help that is most relevant to them at the moment when it counts. Uh because what we know is that when someone is in crisis and they are feeling overwhelmed or confused, if they are confused about what resources are even legitimate uh and hesitant to be scammed, then they need a trusted resource. And if the only thing that they can remember to do is to call 211, then they've made it to the right place and we will help them find the next best step. So we are extremely uh excited actually have some really good news. So in addition to this being our 55th year, uh we have some really big things happening. So we are next month going to be demolishing the building that we have uh been in for many many years in Lantana where our corporate headquarters are. And while our new corporate headquarters is under construction, we're building a 12,000 ft² facility. We will be temporarily relocating to two different office spaces and one of those spaces is here in Delray Beach. So, we will be bringing a team of about 40 employees to Delray Beach. And I'm sure many of those employees will be patronizing businesses for lunch uh and shopping uh and just

living life uh because they are in the area. I'm very excited to share that. Um, but I also want to share that there are three main ways that the Delray Beach Commission and the Delray Beach community can support us. Uh, you can help share the work, you can fund the work, and you can do the work. And all three of those things are happening in Delray Beach. So, by presenting us with this proclamation and declaring next week as 211 awareness week, you are helping us get visibility for our critical services so that people in need know to call 211 or 988 when they are in crisis and need help. Um, you are also helping to fund the work. So, I don't know if you all know this at the as the commission, but the Delray Beach Police Department's law enforcement trust fund often funds a funding application and gives a grant to our 211 helpline to help ensure that our services remain available 24/7 to anyone in need in Delray Beach. So, Chief Hunter, be on the lookout for our application next month or this month. Uh, thank you so much. Um, and we also, uh, in addition to us moving employees into Delray Beach, we are hiring. Uh, so you can visit our website 211 palm beach.org. Uh, because we are almost always hiring for specialists who are committed to providing help to people in need. Uh, we are always looking for people to take those calls and respond to those text messages and emails for support. Uh and we are um we also are always looking for volunteers uh in particular for our Sunshine Telephone Reassurance program which is one of my favorite programs. It offers free daily check-in calls to any senior that is isolated or homebound in our 5count service area. So, if you know somebody who is age 60 or older, they live alone and they could use a check-in to make sure that they are okay, um that they're taking their medication, um that they have not fallen, uh and are unable

to get help, um please have them call 211 and ask for the sunshine program. One of our staff or volunteers will call them every single day at a scheduled time of their choosing. And if they don't answer their scheduled call, we will initiate a welfare check. We have saved countless lives over the years with that program. Each year we uh we do over 200 interventions because people don't respond to those scheduled calls and many times someone is hurt or in danger. So that is truly a life-saving service and volunteers make those calls. So um we will be doing hosting our volunteer team for that program in Delray Beach as we relocate next month. So very excited for the support and I thank you so much. Thank you very much for this. I'm going to now turn this over to Commissioner Burns for the Centennial Certificate of Recognition for Kathleen Stubs.

Okay. 100 years. Yes. So, we have a very special recognition to this evening. Um, centennial certificate of recognition, Kathleen Stub, 100 years of legacy. Mother Kathleen Stubs was born on the shores of Orange Creek Island uh in the Bahamas. On February 11, 1926. In the early 1950s, she and her late husband Virgil Stuff Senior migrated to the United States, joining a vibrant Bahamian community in Yamato, Yamato.

Yamato. Now we call it Yamada, but they later settled in Delray Beach where they built a loving home and raised 10 children. A familiar and respected presence in the community, Mother Stubs managed, if anybody remembers this, the Eagle and Army Navy store on second on Northeast 2nd Avenue. If you went in there, you saw her. I remember those days. um earning a reputation for kindness, generosity, and integrity. Her commitment to service extended deeply into her faith life as she has been a devoted member of Ebeneza Westland Methodist Church for more than 60 years. And her pastor is standing here and she her life has been anchored in her guiding scripture. I can do all things through Christ who strengthens me. As the matriot of her family, Mother Stubs is the eldest of 10 children born to Abraham and Annie Stewart of Orange Creek, Cat Island.

Cat Island. Uh, Mother Kathleen Stubs life stands as a powerful testament to resilience, compassion, and unwavering faith. Her legacy continues to inspire her family, her church, and the greater Delray Beach community. In honor of her centennial birthday, the city of Delray Beach proudly celebrates Mother Kathleen Stubs for her extraordinary life and lasting contributions. Her steadfast dedication to family, faith, and service has enriched the city for generations. On the occasion of her 100th birthday, we recognize her as an exemplary citizens whose life continues to uplift and inspire all who have the privilege of knowing her. May this certificate of recognition serve as a heartfelt tribute to her enduring legacy and the joy she brings to the city of Delray Beach. Presented this third day of February um 2026 and um Mother Stub's birthday party is on Saturday and I have to wear pink.

YES. Can I get somebody to take a picture? Now y'all know that mother sub mother too. Yes.

Hold on. Hold on. Hold on. Everyone ready? 3 2 1 this next proclamation and I'm so delighted to be presenting this proclamation to Chief Carrie Beone, a man who served the city of Delray with many years with distinction as a as a chief. Um, a man who in his last four or five years of his life I had breakfast with every Friday with a little group and he was always he's a he always was very sage in his in his he would wait to hear what everybody had to say and then he would say something and everybody would pay attention because he measured what everybody said. So let me go ahead and read you are you going to do you want me you want me to read the proclamation or do you want to read the book? I have prepared statements but I will defer to you.

Let me read the proclamation then you can go with your prepared statement. Whereas Carrie B Conn was a devoted public servant whose life and career were marked by a steadfast commitment to the safety, health and well-being of the citizens of the city of Delry Beach. And whereas Chief Conn served the citizens of Delry Beach on two separate occasions as fire chief providing a combined total of 16 years of distinguished leadership and service to the community. And whereas Chief Conn was an integral part of this of the Delray Beach community, actively involved in numerous civic organizations and clubs and consistently demonstrated a deep dedication to public service beyond the fire department. And whereas Chief Conn was instrumental in building and advancing modern fire and emergency medical services within the city of Delry Beach, earning a wellrespected reputation as a forward-thinking leader and innovator in the fire rescue profession. And whereas Chief Conn cared deeply for the men and women of Delray Beach uh fire rescue department and passionately advocating for their safety, well-being, and professional excellence by ensuring that they were well equipped with the best tools, modern apparatus, and resources available. And whereas under Chief Con's leadership, four fire stations were constructed to update and modernize the department's facilities, improving working and living conditions for firefighters and enhancing emergency response capabilities throughout the city. And whereas Carrie Beon's legacy of leadership, compassion, professionalism, and dedication continues to inspire generations of firefighters and public servants even following his passing on April 11th, 2025. And now, therefore, I, Thomas F. Carney Jr., Mayor of the city of Delray Beach on behalf of the city commission to hereby proclaim dedication of the Delray Beach fire station 113 in honor and memory of Chief Kerry Bone in the city of Delray Beach recognizing his lasting contributions to the fire rescue department through the city of Delray Beach and the community he faithfully served. This dedication shall stand as a

permanent tribute to Chief Conn's legacy, ensuring that his name and service remain an enduring symbol of leadership, commitment, and excellence in public safety. And witness whereof, I have set my hand and seal this third day of February, 2026. Great. Do you want to do two? Thank you.

Thank you, Mr. Mayor, honorable commissioner, city manager, city attorney, city clerk. Um, there's not much more to say after reading that beautiful proclamation other than this. Um, I originally assigned Division Chief Shawn Gibson who wanted to be here, but a personal commitment took him away earlier than expected. So, I'm I'm going to try to do justice to a man that as leaders, we always try to define what does leadership look like. M. Cohen, thank you for being here. This man wore many titles. Chief, fire chief, boss, innovator, leader, mentor. But the most important title that you hear throughout the people who knew him was friend. He shaped the fire department. Then he laid a cornerstone and laid the bedrock that the Delray Beach Fire Rescue Department continues to build on today. His fingerprints, his shadow is everywhere through our organization. up to the command staff and the executive staff that I rely on for counsel advice and to help deter determine the path of the Delray Beach Fire Rescue Department. Today, enough can't be said. dedicating our newest fire station, which is built around service, optimizing service, health and safety of our employees, the men and women that 40 to 45 times a day roar out those doors to service our community is a befitting tribute. And I thank you for this momentous dedication of this facility. And Mrs. Cohen, thank you to you and your family for sharing your husband and letting him build something we are all so proud of because

he not only defined what service was, he more importantly defined what service felt like. Thank you. Thank you very much.

Okay. Thank you, Miss Con. Thank you for sharing your husband with us on those breakfasts. Um, we now have a presentation to the city commission about the initial recommendations from the opioid settlement advisory committee. I saw them right here. Oh, there you are. I was looking over here.

Mayor, commissioners, Jeff, assistant city manager. I'm the leazison to the committee. I'm going to try to keep this presentation moving because I know we've been taking a little bit of time so far. Um, the purpose of the opioid settlement advisory committee, as you know, is to prepare recommendations for the commission on how to expend funds from the statewide opioid settlement agreement. Funds from this settlement agreement are designed to uh be spent on harms created by the opioid crisis, including treatment for those who who were involved in it, as well as prevention to prevent those from u in the future from becoming addicted or having issues related to opioids. annual plans are supposed to be submitted to the state each year by July 1st. So what our special I'm sorry not our special event our grant our um settle settlement uh uh policy uh asks the committee to to bring something to you by May 1st so that you all can adopt in June and have submitted our plan for the upcoming year by July 1. We are behind schedule still on some of our plans. If you recall, you all had approved allocations of $158,000 for some things that we brought forward as a city. That left some dollars behind. We have current dollars and we'll also in the near future be bringing a plan for the dollars that will be given to us next year as well. Um the committee has had some uh uh meetings today. They've had six meetings to date. They welcomed all who who showed up to participate. They've reached out to uh other entities including the Delray Beach Drug Task Force and and really listened to the expertise on on that group as well. Um and they looked at the drug tra task force presented some written recommendations. The committee considered those and are moving forward with some of those. The um what we're really looking for is that uh the committee is seeking the direction from the commission as to some of their initial list of priorities to make sure this is the direction you'd like to see them go before they really start putting

a lot of time into it and start assigning dollars to um a recommendation on different areas. So I am going to uh turn it over to Mr. Jeff Leftton of the committee who's going to start you through the initial slides. Jeff Perfect. So um forward

so we did uh in our initial meetings we prioritized four different areas and we're going to talk about all four of them but the committee has uh is making a recommendation that we take the parame medicine um use these initial funds for parame medicine which um looks like a co-responder model where we have fire rescue responding with or shortly before a behavioral health professional. So, um they would um coordinate care for the person that's that is in need. They'll um it's either with a peer or with community resources, treatment centers, those kind of things um in an effort to promote recovery. So with parame medicine, we we looked at two different ways that this could look what this could look like. The first is that the city actually run the program through the fire department. So the fire department would hire somebody to be the co-responder. The second is that the city can seek to uh contract with a provider outside a private uh or a private not for-profit organization. breaking those down. Um the positives of this of the um city doing it through the fire department would be continuity of involvement. So it would be a responder with fire rescue that works for fire rescue. There'll be consistency with information. There'll be continuity of that response. Um they'll be able to immediately respond. So the communication between the employee of the of fire rescue and the um and the first responders will be immediate and

better control of cost. Um we'll talk about cost here but uh the cost of the program and the program design um would be uh better control of those things. The negatives are that the fire rescue would have to hire somebody. somebody would have to hire somebody anyways, but fire rescue would have to hire a qualified professional. Um, and then the funds each year are variable. So, the being that way, the funds would only cover um part of the cost and also only cover part of the people that fire rescue is responding to because of the like Mr. or said the um the funds are specific of who they can cover. So that's with fire rescue doing it. The other option is to hire somebody from an outside agency that would respond with fire rescue. And the negatives are um that uh no additional city employees need to be the positives, I'm sorry, would be no additional city employees would need to be hired. they would be hired by the by the contracting agency. Um, it would be a pre-negotiated price. So, it's fixed cost. So, that's different than if it was the city actually taking on the responsibility. And outside organization can be required to bring additional resources. So, they would need to bring additional resources in order to fully fund this program. The negatives are um the inconsistency of the funds available each year. Again, it's not the fix it's not a fixed amount every year. It varies from year to year. And an additional organization being involved, there's some opportunities for information to fall through the cracks and um just coordinating with another agency outside of the city.

And a real issue is trying to find an agency that would be willing to do this given that the funds are only partially would only partially What's that?

Mhm. Yeah. So finding a partner would be uh difficult. My name is Chuck Ridley and I serve as citizen at large. I also am I serve um with the insight of a recovering addict of um 35 years. My sponsor happens to be sitting here tonight um and he had a hard time with me. Um the there is another way for the commission to do this is to look at if you don't go with the parame medicine program and we strongly encourage you to do that. Um and before I go into that I'm going to speak as a recovering addict who's odded on many occasions. Um, and as a recovering addict, it is not our first inclination um, to have a par professional come in and help us navigate our way. Um, having ODed over 26 times, um, through the grace of God, I didn't die. But the addicts that were in the room with me didn't ask me if I wanted to go get, um, medical services or treatment. Interesting. They wanted to know where I cpped from. Um, they wanted to know how they could find something that would take me that close to death. This program um if you choose to support it is one of the best ways um you can begin a process that save people long term. It's innovative but if you choose not then let's leverage dollars and we believe you can leverage those dollars in three actually

in two categories. One is recovery supports and that'll have a drop down of looking at how to eliminate and barriers to employment affordable housing and then the second third second second category is prevention. If we look at barriers to employment um one of the truths about being a recovering addict is that you live the kind of life that makes it hard. um when you finish that run to become employed and the barriers are all over. It's in your arrest record. It is in the fact that you no longer have the skills. My skills eroded to a place where I was really unemployable. U many would say I'm employable unemployable today, but I certainly was unemployable um in 1990 when I decided um to change my life. Um, was there a community that was accepting of what I was here to do? No. I had to find other ways to hustle. I had to find ways to um take care of my family. And you know, Cynthia um yeah, she's high maintenance. So, I had to um um find a way to be able to take care of my family. I was lucky. Um but the truth is many of those who are are like me in recovery face barriers that they can't get to. Um there are those in this community that can help us work through that. Then the other thing that we want to look at is supportive housing. Um affordable supportive housing as a person um you know your recovery doesn't end when you leave treatment. when you leave treatment, you come into a community. Um, and if you do not have housing, I can almost assure you, um,

supportive housing that you are going to I guess I ran out of time. No, continue.

All right. Um, supportive housing that will, um, make sure that you have the best opportunity to not go back into the same lifestyle. U,, we have organizations here that can help us with that. Um and then the third bucket is prevention. Um as a recovering addict, I am fortunate to be a recovering addict, but the truth would be I would have never wanted to be an addict in the first place and prevention would have brought that for me, especially if it was incorporated at the school site because it makes it easier um to um make that happen. And then if you um do look at prevention, those of us who do come back, there's relapse prevention, there's educations that and opportunities and trainings. And here is what why I say leverage the dollars because particularly after meeting with the drug task force, we are clear that the talent and the desire to help exists in this um community. Um but what we need from you is guidance. We would hope that you would embrace both the innovation of the parame medicine program and to use these dollars to leverage so that Delray can once again be the frontr runner um in this area um as well for those who another vulnerable population that are that would be in need. Oh, back over to you.

Oh, you you did it for me. Okay. Okay. Mayor Commissioners, I'm the leazison. I didn't make any of these decisions on what to bring to you, but what I what I hear the committee asking you for is some direction on whether pure medicine is something you're in because that would pretty much eat up the dollars that we have or whether you want them to look at uh the other items of of supportive, which would probably end up being grants to outside agencies and they've had discussions about how that might look. We would certainly follow the city's outside grant policy if we do that. I would also suggest to you if these are programs you like whichever you like or however you like we can always look at supplementing these with Karen funds. The Karen funds are still there. Your earlier discussions about that it was these sort of things that that we had discussions about and the system is sort of designed that we can put those funding together and move it all forward on whatever direction you want to give the committee. um based on your direction, I will work with them to come forward with solid recommendations with dollar amounts affixed to them on what we we'd like to bring to you next to move forward with and have that in time to submit that plan to the state in a timely manner for next year.

Thank you very much, Mr. Marker. Yeah, thank you guys. That was that was a really great presentation. I I'm in favor of the parame medicine program. I I think what you presented looks very comprehensive and holistic to me and um you know certainly you know you've talked openly about the battles of this and I I think I want I want to put my hand up and be there to help. Yep. Commission Commissioner Burns.

Yes. Um and and definitely in favor of the paramedical pro uh med program also leveraging the dollars. I mean, this this is blood money that belongs to the community and so whatever it takes to support the community in these efforts um for that. So, did I hear you say that it that there's not enough money for the paramedical program? No, the the settlement funds never exceed $100,000 in a year. I think at most we're anticipating 92,000 and in it there's no rhyme or reason as to its fluctuation. at at its uh minimum we'll get 62,000. Its maximum it's about 92,000.

What are we working with now? What do we have left after we gave to the internal? Um right now we have $185,000. There is another 90 we would expect next year. And so with these funds we can't do both of this, the paramedical and the the leveraging. We could probably do the parame medicine for a year or two. Um But that's about it. Then then we'll we'll drain the the opioid funds and it won't support it annually. Right. Okay.

Well, I I support whatever is is for both. I support both, but whatever we can do the recommendations from the committee, you you are the professionals on this. So, whatever those recommendations are, I I'll support.

Thank you, Commissioner Cros. Um, thank you for the presentation and thank you very much for sharing your personal story because it's helpful for us to understand that perspective. Do you mind me asking though at that time it was very different right in terms of different from now recognition of the problem resources and I asked this because if someone right now has a problem on our street the fire department picks them up and they bring them to a hospital and the hospital has care coordinators at the hospital

um that kind of will align find them. And I guess my point what I'm trying to say is I'm going to speculate at your time that probably there weren't resources for you and you kind of

and now there are resources. And so if we are hiring someone on, we're hiring on someone who is just going to take on the resource that we could otherwise push off to another organization. And then I I thought I went and visited Miss Spencer's facility. She came here and she did a presentation. If you were to ask me because I do think there are resources out there for people in that moment and then we would have to hire a coordinator to coordinate care in our fire department and then try and monitor the person's care and help them through recovery. It doesn't seem like one person would be qualified to handle all of those stages cuz coordinating the care right in that moment when that incident occurs. Then maybe placing someone someplace is like another connection you need to have. And then trying to make sure they're going through their recovery is a whole other one. So you'd be looking at one person you're hiring and you'd be asking them to do a bunch of services. they wouldn't necessarily be qualified for all and there are resources out there. So I don't know why in Delray we aren't going to focus 100% on making sure our kids don't get addicted. We have an organization right here, a mom right here in Delray who is an expert in this field. I visited her facility. What they're doing is amazing and the only thing she's not doing is enough of it from my perspective. And she's not just going in and doing a little, you know, co couple little period of time with kids. She's focusing on the full health of the family, which which I think we I as a mom can say that's the most important thing. How do you keep your kids from getting addicted to things,

whether it's drugs or the computer or a whole host of other things, it's a family effort. And and I would love because this is not a lot of money to put this money towards preventing our children from getting on drugs. And I share your concerns and I think what we could do, I mean 211 was just here talking about all their resources. There are agencies doing what you gentlemen are recommending we hire somebody to do. We can connect with them. We can work with them. We can help connect the people we encounter through the fire department with them. But I don't know why we would want to take on that job and hire somebody instead of be going all in on prevention.

Commissioner, do you mind if I respond to Not at all. I would love that. Thank you. So, the first thing I want to respond to is 35 years ago, um, it was a war on drugs. It was a crack epidemic. It was criminalized. That same services could have been there. Um but the demographic who was the face of that um prevented um those kinds of conversation uh treatment um was either you detox yourself. We called it kicking back then or you went to jail, right? That that's just that was your that was

okay. So I think that's more nuanced than than just that during my error it wasn't um there. I also want to share with you though that as a now more than one thing can be true, right?

Cuz I'm a fan of Dr. Spencer. You better believe that and the work she does. Um the other thing that can be true though is that there is no one who knows what is happening in this community better than your fire department cuz they see it right in the moment. when I'm the most vulnerable. And if you hear me asking anything is to consider investing more than what's coming through the um um what's coming through the um settlement

settlement grant that you lead the way as a city of helping folk understand that this is a public health issue. We can recover. Um, but it's going to ask you because it's easy to do the minimum. It It is It is easy and most cities that we looked at are just doing whatever to just do the check mark.

That is not the Delray way. We're asking you to consider that you get a chance not only to meet Cynthia, but you get a chance to meet Dr. Ashley Ridley, who was the the child that helped me change my life. Um, I wanted I wanted to get clean. All right. But there had to be services. And then Cynthia had a couple of more that weren't bad either. Um, but I I speak for those addicts who cuz when I was in the crack house, there were many days I wonder was there anyone in this community that cared for us? Um, and many days there wasn't.

Sorry. uh we need a city that can lead the way and think broader than the dollars that are being brought down um through the opioid grants because we do recover and I can't tell you the amount of people that are sitting in this audience some you know some you don't right that understand the dilemma of this disease thank YOU can I ask a question also um the funds that we allocated for internal. Wasn't all of that um dedicated to prevention? Well, Narcam, Narcan, some of it was for training for police and fire.

Uh there was a little bit of prevention just a uh I think it was about $2,000 to restart the DARE program. Nothing. Um so it really wasn't in prevention and and I don't think at that time staff we were really thinking that. We're just like, okay, what can we do right now? And also knowing that would not be recurring dollars. All right. Can we get um a list of where those dollars are allocated to? Sure.

And could I ask also, Miss Burns, while we're at it, because we are going to probably have to have another discussion on this. Can you tell us right now? I want to know step by step what happens when you drop somebody at the hospital. What resources do they experience there? I I have no problem talking about the paramedic, but I don't want I don't want to duplicate efforts unnecessarily if we can put money in a place where where it'll be effective. So, what happens when someone gets in the ambulance and goes to Delray Medical or Bethesda or whatnot?

So, I can speak for Delray Medical Center. I work at Delray Medical Center. I'm the director of behavioral health there. Um, and I will tell you that um, they will see a they will see a physician and they'll they'll do lifesaving uh, miracles at Delray Medical Center. But what they'll do is if the person wants to leave, they leave and they don't have any resources. And if they want resources,

if they want resources, we will give them resources. But it's not that warm handoff. That's not that um you know if we have a first responder for instance come to Delray Medical Center, we have a first responder program and we will make sure that they leave there in someone else's literal hands to make sure that they um that they don't need to come back. But just the average citizen coming in with fire rescue, they have some um data where we well we have one person that's been at Del Medical Center nine times since since Christmas Day. um you know and back and forth and of course the person's given resources but if this program was in place they would have somebody that would we could hand them off to and make sure like we do at the police department you know Ariana is here she's with the police department and we do have that kind of resource with the police department but not with fire rescue and a different population but it would be a similar process. Thank you.

I do agree, having seen it multiple times, that the paramedics will show up at the scene and deal with the with the immediate crisis of a drug overdose or worse. Um, and so the the the the paramedical portion is makes sense because it's kind of a direct it's a direct intervention. On the other hand, point is is very well made that some of these third parties also have the ability to get grants and these other kinds of stuff because I mean Narcan you probably get most of it for free anyway. I mean, pretty much. But, you know, I guess I'm trying to look for like a the hybrid. Um, because it's clearly a great program and we want to continue it. But there, you know, there are other methods to get money and if it's a city-run program, it'll be very hard to get a grant. If it's if it's just a third party out there, some not for profofit. Um, they do get grants

and they're much better. They they do a lot of the interventions and they do a lot of the preventions and they do things like that. But I'm not I'm not trying to minimize the importance of the parame medicine because that's actually saving lives. I mean that's that's a given. So I guess we're going to come back. I mean my my view is I mean I I I I I overall agree with Commissioner Mark and Commissioner Burns that the parame medicine is probably the the way to go. But I think we need to also explore something along the lines what Commissioner Cassell said regarding getting how do we introduce into what we're trying to do um some of these other aspects which I think will broaden our and I understand there it's always dollars and cents and I always I understand it's always dollars and cents but you know maybe some of the Karen stuff could be I don't I don't know but what I'm saying is it's not just the the problem of the of the addict in the street although that's really important it's preventing the addict from ever heading into the street which you saw you articulated very well you didn't want to be doing that so I mean I want to thank you for your sharing your very emotional story uh uh didn't know that about you by the way um but um so so that's kind of where I am in this so I I mean I think we we have to continue with the with the parame medicine portion but I do think your group needs to explore you know something along how do we introduce some of these others into the into the mix the prevention people things like that which the reality is, you know, those that that level is where you stop people going because they're succumbing to peer pressure, succumbing to all this other kind of stuff. So, they end up down a path which we just don't want.

Could I ask a question if I may? Uh, there's talk of the Karen money. I I thought there were some restrictions on that. Is that not the case? I mean, can we take the Karen money and give it to uh Miss Spencer's organization because they work in schools? I I'd have to bring it back. I think on the prevention side you can honestly because I really feel if we are really want to tackle this problem we need to tackle it at its root prevention before it happens. I I think and if there's money if the care and money can be utilized for that then we can accomplish both and everybody will be very happy.

Yeah. I mean the opioid is clearly one one pool of funds but as I recall the Karen foundation there was a big component of the car of Karen foundation which included prevention right and if that's the buzzword that's going to work then there's some of these other entities out there that you all would know and be able to work with and coordinate with that could give us a more comprehensive response because it's not getting any better. So ladies and gentlemen given the feedback as noted we'll be offering considerations relative to the par medicine program approach as well as clarity regarding the use of Karen monies right

and I do recall the eligibility piece including a prevention aspect in that regard many of us have been familiar with Dr. Spencer's program and other similar initiatives out there so in the coming weeks we'll be offering a path forward given the feedback haven't been offered so Mr. First will likewise continue to work with members of the committee to come back with a more structured approach based on consensus and feedback offered this evening. Great. Thank you all really for Does the city attorney have a comment? An impossible job.

But you're you know, thank you for everything that you're doing. I can't believe we're getting into comments. We're number five on the agenda. We only have 68 pages to go. So, trust me, it's going to be great. Uh, city manager's response to inquiries and highlights. Thank you, Mr. Mayor. Yes. Do you want to take a 5minute break, everybody? You want We I'm going to have a 5m minute recess here. It's now 7:00. We're going to recess until 7:05. Does that work for everybody? Does that work for everybody? 7:05. Thank you. We're in recess for till 7:05. Check him out.

Good evening everyone. We are recommencing the meeting of the Del Beach City Commission. It's about 7:06. Um, next item, well, the first item we have is is is from Mr. Moore, city manager's response to inquiries and highlights. Mr. Moore, thank you, Mr. Mayor. So the items I have listed update and clarity regarding railway improvements as well as such regarding right-of-way landscaping and applicable jurisdiction is in response to comments and concerns having been raised by Mr. David Harden two weeks ago. And interestingly enough, I did have an opportunity to visit with him telephonically 5 days ago with the assistance of leadership from both the Department of Public Works and the Department of Parks and Recreation to offer a fairly thorough response in terms of why we are where we are and what's being executed to get to the best place possible. As part of the practice, when discussion or concerns are raised at a city commission meeting, I do what I can to offer a brief clarification publicly. And likewise, I've asked both director of public works Missy Barletto and director of parks and recreation Sam Mitat to assist this evening's dialogue and update to that effect. This will be fairly brief in that regard, but I think we had a fairly productive visit 5 days ago with Mr. Harden. And likewise, I feel that all is well. Miss Barto, if you would begin, please briefly.

Good evening, mayor and commissioners. Um, this will be very brief. We only have 500 slides. No, actually I move that they're all approved. Thank you. Um the presentation that's up here is not the one we're talking about now.

Um so so Mr. Harden came and he was talking about several of our TPA projects that are ongoing in the in the community. North Swinton, um, Barwick Road, and Lindell Boulevard. So, of of those three, they are all on schedule. North Swinton is a little bit over schedule for phase one, but they are wrapping that up now. The next week you'll see them finishing changes to the roundabout um on 22nd over by Unity School and also doing the final lift of asphalt on the first phase that is from city limit to 16th and we will begin be beginning on the second phase which is from 16th down to Lake Ida road and that is a much simpler phase. There's no storm water in that. It's just sidewalk curb and mill and resurface of the roadway. So that will go much much more quickly. Um on Barwick Road, we're about halfway through. We did a presentation on this for the board not very long ago. They're expected to be complete on that job in in around the um midsummer, around July time frame. And on Lindell Boulevard, we're actually ahead of schedule and expecting to complete that um that project have that project substantially complete in May. So while while his it appears that these projects are are going on a very long time, they are actually on schedule and moving forward in the way that we had anticipated. So, one of the excuse me, one of the other issues that he had brought up was about the pedestrian level lighting and

um whether or not that is incurring additional maintenance costs and expenses for the city. In the days when Mr. Harden was the city manager, Florida Power and Light did not offer decorative lighting. That was not part of their their things that they offered. They do have a number of different decorative lighting options. Now, all of these projects that are basically um a significant part of the funding is with federal highway dollars. They're bicycle and pedestrian improvement projects and they in they require us to provide pedestrian level lighting. So that's why you see the um the shorter decorative lighting alongside all of the new sidewalks to provide for public safety. And those are all being put in with um on our FPL contract. And they are not city-owned lights and light poles like the ones on Atlantic Avenue downtown. So So that was just a matter of of straightening out a misunderstanding.

Thank you very much. Are there any questions? No, but I would say I I do feel that I appreciate Mr. Harden coming out, but I don't think every time one person comes out with questions, we need to do a presentation. It's fine if a group of people like that whole neighborhood came out, but I feel like we're seeing this time and time again. One man man asked a question about a utilities bill and Mr. Hajimary did a very long presentation. If a large group of residents are concerned, I would utilize staff time for presentations. But I think if it's one person and you've addressed it, merely noting that would be sufficient in your comments.

Well, traditionally, the city manager's response would listen to what people were saying and coming. That was that's been the tradition for a long time, right? Um so, um but he addressed him directly just, you know,

well, okay. staff has to spend the time prepping for these. I I I agree and I managed that pretty efficiently and the thinking behind this is because the thinking behind this is I'm sorry I'm not sorry the thinking behind this quite frankly ladies and gentlemen if a matters are brought before the city commission publicly a number of people had an opportunity to witness and hear it time is not it's not a terrible length of time to prepare and respond accordingly we offered a courtesy it's a brief update it's not terribly lengthy but I think it's appropriate for the record to reflect that clarification and response had in fact been offered because it did the experience was here had here at the city commission meeting. We likewise have a obligation I believe professionally to offer clarification publicly the same. So not a much of an inconvenience at all. Not terribly timely, not labor intensive at all. So I'm happy to continue to provide that that that update and do what we can. But again, we will not be wasteful. I assure you.

I I for one like all the updates cuz I I'm sure like the rest of you, we all get these emails from people and I like to be able to write and I do understand that as well. So clarity regarding public rightway landscape landscaping and applicable jurisdiction.

Yes. The the question was mostly about um the landscaping and the medians along Lake Ida. Much of that just happened to be addressed in the next uh routine maintenance schedule that was that following weekend. Um, but I did ask the contractor to pay extra attention to that area and do some further removing of some uh plant plant life that didn't need to be there anymore as it's been decaying a little bit. So, I think we've already made a significant improvement along Lake Ida. And then secondly was some decorative nodes on second going north. Um, and I think uh when we when we visited that they were in need of some attention. So, the staff is preparing um purchasing of some additional landscaping to put in those areas and get them back up to where we expect them to be. Thank you for that update. Are there any any com are we all set up here now with the two sets of comments?

Thank you ladies and gentlemen. Thank you both for the update at this time. Okay, we are now up to that great portion of the meeting where we get to hear from the public. you um if you have if you wish to make a public comment except on item 7 C which have to do with the seaw wall 7D which has to do with the um uh car wash and 8 C which is the Congress Avenue resoning of those three parcel four parcels which would which you if you have comments on those you will address those at the time those are called on the agenda. This is just for general comments, inquiries. You have three minutes. Your name.

Well, I'm asking for six because there are some people here. If you raise your hand, I need without objection. I I is that that's fine. Okay. Any objection? No.

By the way, I'm I'm a staunch um prevention. That's my thing. Mayor commissioners very emotional because what took place at at the last city commission meeting left me in utter disbelief to what I witnessed. It was a blatant disrespect, abuse of power, mind you, this is my opinion, and a virtual slap in the face to me, this community. And most disturbing was a total disregard of the city charter. I can do what I want to do. When one name, only one name, was put forth and the gava came down signaling that the nominations were closed. the person's presence. They were voters, residents, my former principal, my pastor was here, my family, former students, co-workers, other clergy, and many others watching online gave a spontaneous applause because given what just happened, like me, I felt finally. But no commissioner referred to this as some kind of shenanigans. Said something about the mayor having some kind of unlawful act. God only knows. And the most one that was really really got my goat is when I was referred to as you know whose grandmother. I have a name. is Ivonne Bernardet Lee.

Thank you. ODM.

So, here I was. No other name was put in, but you rather vote for a blank chair than the only name. The person who referred to me as you know whose granddaughter did apologize but I told him no I do not accept the apology for there's times there's some things there no apologies for and remember when somebody apologized the person accept it they have to accept it and then there's the other no vote well had a very good meeting what I thought was a protective meeting even uh wrote a personal copy of this book and I quote Ivonne you are so special to dairy we cannot thank you enough maybe I'm not special enough to be a a yes vote so that was puzzling but you know what it reminds me of back in the day when they said don't fall for no smooth talking joker because the intentions was never to have a positive vote. That's what puzzle me. So that's why I'm here to make sure it goes on the records. This has happened more than once and I don't like it. If somebody disagree that's fine, but it's not worth retaliatory degrading sarcasm. I don't like it. So, let me just tell you about me because I have seven grandchildren. Well, three do children. I'll start with

the children. Seven grandchildren and five great grandchildren. So, let's just say about me. My granddaughter was a 1943 graduate of Florida. I mean my grandfather, I'm sorry, 1943. My father 1948 Bthoon Cookman University. My daughter, my father-in-law was a pastor here in Delray. All three were pastors. All three died as pastors of their prospective churches. My husband former major leaguer and has spent his life giving to this community and we've been doing it together. Um my sister-in-law was the very first executive director of the Spy Museum. I have seven veterans, three brothers, my dad, two nephews and ne uncles who served, three police officers retired. 45 years I taught in this school all in Delray and my kids are all over the place and some it's in this hall right now. The colleges and universities, boy oh boy, let me try this out. Florida Memorial University, Bthoon Cookman University, Edward Waters, FAMU, Florida State, University of Florida, West Virginia Westland, South Carolina, Florida Atlantic, Nova University, Georgia State, Dillard University, Warner College, University of Indiana, Case Western Law School, Taliga, Tallaladega, and Tennessee State just to name a few careers, so many teachers teachers, principles. Uh, by the way, my niece, you might have seen her commercial at the Super Bowl last year, maybe this year, too. Uh, law enforcement. Um, it goes on and on. But

needless to say, what do you have to do? And what really got me, one of my former students was sitting there, I didn't realize it, but she was in tears. Her mother called me the next day and she's having me appear at a panel so that these young people can see. 1968, I had a white parent take her kid out of my class when she found out I was a black teacher. And here we are all these years later. And on that day, and I want to make this point, you honored a young girl, 30 years service. But the irony of it, the daughter, I was in school with her daddy as secret, segregated. My husband Carver segregated. They both played linebacker. They both admired each other. And that's why I love Del Ray so much. We have a history of the black and white people admiring and respected. And no, it hasn't been easy. It never will. New people come here. Now we got to re-educate. I'm sorry. I'mma wind it up. But anyway,

not Del Ray. We see what's going on in the state and in this country. Y'all get registered and vote. And please stay active and come to these meetings. If you can't, come watch it online. Thank you very much.

Thank you very much. Thank you very much. If you don't know, now you know. Uh Montre Bennett 33444. I'm here to speak about the spirit and impact of Dair Beaches city charter and land development regulations. Governor documents are not neutral. They shape who benefits, who bears the burden, and whose future is protected. When residents say Dair Beach has racist politics policies, they're not accusing individuals. They are naming outcomes and many of those outcomes are produced directly through how the charter is interpreted and how the LDR is written, applied and amended. The citizens are at the top of the charter. The charter establishes values and power. The LDR translates those values into land use, density, redevelopment, and displacement. And for historically black neighborhoods, those regulations have too often function as barriers rather than bridges. We see it when zoning restricts density in black neighborhoods while allowing flexibility elsewhere. We see it when redevelopment standards invite outside investment but fail to require protections for legacy residents. We see it when revital when revitalization advances faster than affordability and when market growth is prioritized over community continuity. These are not technical oversightes. They are policy decisions. Spiritually and ethically, this city is out of alignment when it rules when rules meant to guide growth instead of facilitating eraser. Progress that displace people is not progress. It is extraction. Racene neutral language in the charter and LDR does not erase racial harm. When historical segregation

shape land ownership, wealth and access, applying the same rules without repair simply locks inequity in place. Equity requires intention. It requires acknowledging that the starting line was not the same and governing accordingly. If Dar Beach is serious about justice, then the charter and the LDRs must be tools for repair, not reinforcement. That means embedding equity analysis into land use decisions. That means zoning that supports density, affordability, and ownership and who historically harmed the neighborhoods. That means requiring redevelopment to serve the people who are already here, not just those who can afford to arrive later. A city's moral compass is revealed in how it governs land because land is legacy. It is memory. It is survival. The commission has the authority and the responsibility to align our governing documents with our stated values. You continue to defend frameworks that produce harm. Or you can choose to amend them with courage. History will remember that choice. and y'all need to force testing out of the schools and find a better way for our kids.

Thank you very much. Good evening all. Alex Burns 33445. Um I would ask that if I go over my three minutes, can I get someone someone else's minutes? Um well, are you representing a group? Yes. Montre, you can't be part of the group. You already spoke. You already spoke. I'm sure I have Oh, I got someone here. There we go. Okay. Okay. Well, you got All right. All right. Okay. Okay. Mr. Mayor, commissioners, attorney, you got six people.

Um, I was recently selected at the dairy vision committee and I attended my first meeting. And actually, this is I've had this around for about 10 years going on now. And I've been carrying this around because for me and it's much what um Miss Odum Montre was actually talking about ironically, citizens are at the top of the city charter, right? Which means that the citizens are supposed to be helping to run and or make and dictate what goes on in our city. We're supposed to then relate that over to the commissioners that we choose, that we elect, and then they figure out a way by way of working with the city staff, a pathway forward. Not a pathway that says no, you can't, but how can we, right? And I wanted to make sure I didn't miss anything because um I recently saw one of the older city commission meetings and it it really stuck stuck with me. And um I stayed up all night because I just couldn't I couldn't believe it. So uh it reads, "I was recently selected at to the Dere Vision Committee and attended my first meeting and lo and behold, I'm starting to see the light. On record, at its fullest capacity, 90 attendees were in the building charting out the city's future. In the building were some dignitaries, dairy fire staff and citizens working together, sharing ideas and wants to help mold what is to come of Del Rey in the future. This process was familiar yet it lacked the participation that I'm accustomed to in the set. With planning of this magnitude, we typically have at least 100 plus. That's on record. A mix of the city's finest citizens along with some dignitaries. Dair Beach Police Department, fire, city staff, etc. But

there are some key differences. Differences that cannot be changed. Differences that should be respected. The difference of white le versus black le. The funny thing is the white le planning meetings with the people of the city is always less than the blackled neighborhood planning meetings. Notice how I said black le meetings are for a neighborhood with a greater mix of the city than the white le meetings for the entire city. Let that sink in. Even when we have more participation for a small part of the city, we still get scrutinized and ultimately told what to do. How is that a small number of white-led meetings garner the support needed to pass the decisions of a small group but when we can't seem to get the same support from this body? Miss me with that BS. In other words, don't tell me anything about qualifications or elected officials are the ones to make the decisions. We have seen what kinds of qualified people you have chosen. Decisions that have been made. Let's see the latest. I appointed a child pornography viewer, a fire chief without a degree who also served as interimm city manager and made out like a fat cat. Overdeveloped parts of downtown without proper parking, the marketplace of disaster, old school square debacle, and I can go on. The point is we are all just citizens of Del Rey. No better, some worse, but citizens the same. I want to take a passage out of my book that I have here because it also screams the same. For example, if you told a slave that he must perform in getting out our crops in parenthesis and he knows the language well, he will know that our crops in parenthesis didn't

mean our crops and the slave system will break down for he would relate on the basis of what our crops really meant. The set community has been here for years dating back to redlinining in 1939 if I am correct and truly longer. And then experienced racism like redlinining that is creeping its ugly face back up. When you have a city mayor wanting to take Atlantic Avenue out of the set feels a lot like red lining all over again. Tell me this, who do you consider the city? Who is the city? I thought it's citizens. Am I wrong? taxpaying citizens or is it like the Willie Lynch letters on how to make a slave? How is this any different? Is this not our city as well? Do our tax dollars not contribute to the city like everyone else's? Now, let's now it's a grave concern about the gateway to the city. Well, let me in let me let you in on a little secret. It's been the gateway to the city since 1939. We've been asking for our tax dollars to be a priority to West Atlantic, but maybe, just maybe, we're not heard because we're not considered citizens of the city. We had the main street plan, Atlantic A, that included, for some reason, Pineapple Grove. They're not in the main street nor a part of the gateway, but somehow made it in the plan. Can you guess how that plan went? The people in the set sees that as a fail, but I'm sure others see it as a success. Pineapple Grove is beautiful. Let's talk about the DDA. At the visions committee planning, you heard how proud everyone is on the work that the DDA has done for their district helping to create over three economic booms. Outstanding. On the outside looking in, you would say

great job. That helps the city and it does. However, the citizens in the set would have a difference of opinion of their performance as it pertains to their entire district. As I wrap up, Del Re's second largest community is on the bottom of the economic totem pole. Yet another failure of the city. As I continue to dive deeper, as I continue to listen to the disgust disgusting entitlement coming from the mouths of our dignitaries, the plan is becoming even so clear. Change policy to kill their businesses, steal their tax dollars so they can't rebuild, cut the resources at Swinton, and wait them out. They need to rob

once they it's coming to an end. Once they are on the brink of total collapse, take the last resource, the gateway, not on our watch. We are going to have to give mutual respect and kill that disgusting spirit that's creeping back in. And with that, I yield. Thank you very much.

Thank you all. Good evening, honorable mayor, members of the city commission, and everyone in their proper protocol. My name is Minister Greta Britt, the founder of United Believers of Delray Beach. I'm speaking to you tonight as a concerned citizen as a and as a minister in Del Rey who believes deeply in the values of integrity, stewardship and faithful service to one another. Scripture reminds us to whom much is given, much is required. and public offers office office carries with it a sacred responsibility to serve the people with transparency, diligence, and fairness. With that in mind, I am concerned and disappointed with that seat two was not filled during the January 20th city commission meeting. An unfilled seat represents an unfilled voice for the community and every voice voice matters especially in a city as diverse and engaged as Delray Beach. The city charter exists to ensure order, fairness, accountability, and transparency. It also reflects the will of the people. The voice of the community has been clear in its expectation that seat 2 be filled in accordance with those guiding principles. When there is a lack of transparency, it burdens the community and weakens confidence in our local governance. When this item came before the commission on December 8, 2025, the commissioners were on board with following the charter, which was evident by making nominations and voting. However, at the January 20th meeting, not so. With that being said, I have a question for the city attorney. Since the city charter, which is our local

constitution, is to fill the vacancy of a commission seat by appointment and two votes taken at the January 20th meeting were based on a personal feeling not to fill the seat by appointment. Would that be consider considered a derelct of duty? I pray for wisdom, unity, and discernment for each of you as you continue to lead this city. May your decisions be guided by a genuine desire to serve all residents with fairness and humility. Thank you for your time, your service, and your commitment to Delray Beach. Thank you very much.

Good afternoon, mayor, commissioners, city manager, and attorney. I have been in Delray. My name is Ernestine Holiday. I live in 3344. I grew up during Jim Crow and during the civil rights. I raised my children during segregation and I have seen the good, the bad, and the ugly. If Mr. Patton had had the support that Mrs. ODM had on the January 20 20th meeting would the results have been the same? Would the uh are we trying to turn back was or are we going forward to move forward? We need answers. And I would very much like to see us move forward instead of reverting back to the Jim Crow days cuz that's the way it's looking right now.

Thank you very much.

Andrea Brutin 33445. Um, two weeks ago, the citizens of Vid Area Beach were treated cheated out of a full commission by intentional delay tactics that prevented a special election mandated by the city charter. I and several other community members were left with questions unanswered. One, seat two was eligible for replacement on November 19th, 2025. So why was the leadership not ready to appoint someone at that time? If these same commissioners were on the campaign trail, do you think they would have have would have answered yes to the question? Would you intentionally violate the city charter? Additionally, what do you think the answer would be to a question about being prepared to conduct city business in a timely manner on a campaign trail? Of course, the answer would be yes. When two of our commissioners had a clear path to put the business of the city over personality over personalities, they flippantly refused. Unfortunately, they failed miserably on January 20th by reversing their earlier willingness to select a nominee. The black community and sole nominee, Miss Ivon Odum, have been subjected to injustice. Our question is, who is the mastermind behind this? Thank you.

Thank you very much. Hi. I'm actually going to borrow some minutes from my um fellow citizen over here. You're going to borrow what? I'm going to use her minutes. She's going to donate her minutes to me. So, I want six. That's really not the way it works. You need six people. You have three minutes. If there are six people that that who have not already spoken and we're not part of six for somebody else, one, two, three, four. Okay. Okay. Well, that's fine. I'll I'll see. I'll hopefully I can get through. I have confidence. Okay. So, the first thing I just want to make a suggestion to the commissioners that we we um prioritize education. You have to introduce yourself, ma'am. Oh, I'm Luc Lucas Suarez. Uh 11th Avenue, Southwest 11th Avenue.

Start her over. Start her over. Go ahead.

Okay. So, I just wanted to make a quick suggestion as far as like trying to elevate our education. It would be really nice to have a dedicated line item for education much like Bokeh and Wellington and some uh Royal Palm to actually dedicate to help um advance some of the things that um was mentioned during the education. So I would love you guys to actually consider that and I can sit down and we can talk about that. So the next thing I want to point as a taxpaying member of Delray Beach, I was secondhand embarrassed about how things had progressed in the last meeting. Um, as an elected leaders, elected leaders by the people and person after person from different neighborhoods, different creeds, different races came up to support Mrs. ODM being in a seat for what less than a couple months. So they came up here and expressed their support and yet that was ignored for whatever reason and what really not I I I can handle disagreement. What I can't handle is the way in which it was. Everybody was celebrating and once that happened all of a sudden it became a problem. If there were issues before then I'm pretty sure you guys have minutes before you come here. It should have been addressed then and not when people were celebrating. That is completely unprofessional and that goes against what leaders are supposed to do. The way that particularly to behave, I wouldn't trust you to lead ducks across the street because that's not how you conduct yourself. Okay? And I'm telling what you to how to do your job because we the people hired you. So if that's if this is a a a job performance review and if it was if you had to come before us and ask for your job back, we probably wouldn't hire you again because of how you conducted yourself. So, I suggest you re-evaluate the type of leader you want to be because I'm pretty sure that's not the hill you want to die on. Okay, so that's the second point. The third point is I heard a couple comments

about the um West Atlanta development. I personally was on a commission and was told to go out and ask the community for what they wanted. A lot of that stuff was a part of the plan. This was I came in unbiased. I didn't know any history or whatever the case may be. I learned afterwards, but I came unbiased and this a lot of the things that were in that that plan were what the community wanted. They didn't know who I was. They didn't know anything and they expressed exactly what was on that paper. So when I hear language already ready to shut it down before they even hear and then we had we paid what uh an agency over $60,000 to come here and actually get the community express exactly what they wanted in its plan. And for me to hear that our mayor is already trying to shut it down got me wired up. So again, we are elected leaders and if this is what the community wants, then that's what the community is expecting. We're not expecting folks to be contankerous and hold up progress because they're personal issues. If you have personal issues, you take that up with God and pray about it. But that's not where you come and and express it and hold up progress because of some something ferous frivously uh attacking another member to hold up progress. So again, as you're elected, as you are elected by the people, you need to do what the people have asked you to do. Otherwise, you don't need to occupy that seat. Go into go to own public sector, start your own business. Okay.

Thank you very much.

George Long 3344. Um, three things very briefly, about a minute or so, two. Um, is anybody going to talk about the town hall meeting coming up at February 5th at 5:00 p.m. 5:30? No, it says 5:00 online. I just looked at 5:30. Okay, you're knows more than he's not at 5:30, too.

Okay. Anyway, it has to do with the noise ordinance, the new ordinance, what you feel about it. And I would encourage people to come to that meeting. No, even if you are have a uh a loud uh venue and uh tell us to go to hell. Uh I'd like to hear it. You know, tell us that we don't care. Or tell us what you're going to do about it, if anything. Or if you're one of the citizens who objects to the noise, let's go over at that meeting. Don't wait till the last minute up here and they have to make the decision to uh pass or not pass it. Go through it. Okay. Secondly, Black History Month. I went to an event Sunday afternoon and I picked up a brochure. There's a lot of good things going on that you need to go to. Um I I saw about three I I would go to for sure more. Also, I want to give you uh credit for some success in one of your programs. I went undercover sort of um and I impersonated a speeder. was very difficult for me to see if that thing worked. And by golly, it did. It's really good. All right. And the uh the And seriously, actually, this is a very good thing because it reminds you to watch out for those signs. You don't always have a yellow blinking light going at you and crossing guards and people all around it. Sometimes you have to actually read the traffic signs and see that it's 8:30 or 7:30. These change all different times. I went through three of them in a less than a about a quarter mile. One was 7:30, one one was 8, one was 7:52. Got it right down to the minute uh about when you're speeding at the school school hours. Thank you very much.

Thank you for adding to our covers. Thank you.

Steve English, 102 Northeast 10th Street. I'm just following up in regards to the January 20th meeting which I think was absolutely a debacle a shame. Delray deserves better and the words matter. The words that are said on this dis especially matter because it goes to the integrity of the democratic process. So when words like mischiefs of foot or allegations of bribery of a public official are not followed up on the citizens deserve better. As was echoed, you work for us. So when we sit there and we talked earlier about economic development, who wants to invest in a town that can't have a functional city commission? It's such a bad look that takes away from the integrity of this community and the brilliance of this community. And when you have a civic icon treated in the manner that Avon was, who wants to come out and get involved in city politics when that is what their their guidepost is? I mean, we have really got to get our blank together and actually value one another, differences, opinions, have them transparently, investigate when there's allegations, and report back. I don't care about the foliage on the side of the street. I care about when someone's saying there's public bribery and then just lands it and walks away. You can't start fires and not put them out. So, learn your lesson and actually do your job.

Thank you very much. Good evening. Deborah Walker 33444. And Mr. Moore, I do want to hear answers to citizens concerns. So, please continue to give us feedback. I am here to make the mayor and the commission aware that I am disappointed in the outcome of the vote to place Ivon ODM on our city commission for the remainder of Rob Long's term. I believe I express the sentiments of a great number of the Delray Beach residents. On a lighter note, I would like to offer a big thank you and shout out to Chief Ronald Martin and the fire department, to Chief Daryl Hunter and the police department and their teams that supported our driveby birthday celebration for Mrs. Mildred Livingston's 99th birthday celebration on this past Saturday, January 31st. Their support and participation helped put the icing on the cake for a very wonderful day. Thank you.

Thank you.

Hi everybody. Marjorie Waldo from Arts Garage 33444. In December 2025, Visit Florida released their tourism impact numbers for all of Florida, specifically designed to show us how we as agencies benefit from their work. In addition, they shared the following metrics. According to Rockport Analytics in 2024, tourism saves Flidians nearly 2,000 per household, $2,000 per household in federal, state, and local tax burdens. Mind you, tourism is not just arts and culture like Arts Garage. the tennis center and the beaches and everything else. Visit Florida reports 143 million visitors to Florida in 2024. Rockport Analytics also reports that tourism has an economic impact of 133.6 billion in Florida. The Cultural Council for Palm Beach County states, "Palm Beach County's cultural organizations are not only artistic anchors, but also employers, educators, and tourism drivers." In addition to economic impacts, the Americans for the Arts in their list of 10 reasons to support the arts um they they report that communities seven in communities, sorry, the arts unify communities. 72% of Americans believe that the arts unify our communities regardless of age, race, and ethnicity. They also state that 81% of the population say that the arts are a positive experience in a troubled world and 69% believe that the arts lift me up beyond everyday experiences. Arts Gar Garage is proud to continue to work to provide everyone in our community all things art and culture. I

hope you will find time to listen to episode 11 of Culture Under Fire with Marjgery Waldo. Making a case for the arts. Kelly Smut's podcast and it's kind of fun and exciting to do one. I've always wanted to. It's a lot of work. Kelly Smallridge, CEO of the Business Development Board of Palm Beach County in episode 11 spent time discussing with me the economic magnetism that arts and culture add to our communities. I also uh repeat my invitation for the Kimmel family series on Wednesday, December 25th at either 10:15 or 12:15. We will host 600 local elementary school students that day for a performance of the Pendle Stiff Circus. As always, I'm incredibly grateful both as a citizen and as the CEO at Arts Garage for your accessibility and passion for our community. Thank you very much.

Hi everyone. Stephanie Emilman, Del Beach Chamber of Commerce. I have a couple of quick things. Um, first on AD, you've got an ordinance on the automated external defibrillators. And I know you're just reassigning the language on this, but I was really happy to see that the commissioners I'm sorry that has to be done during public I mean during the public hearing portion. Oh, do I need to wait? Yes. Okay, I'll wait on that one. All right. Del Beach, the AED ordinance. It's second reading. So, oh, that's right. You have to wait. You have to wait till the second reading. You get the opportunity to

That's fine. Anyway, I think you're doing the right thing on the 20,000 ft, but I'll stop talking. Okay. Uh, the Dar Beach Tabber Candidates Forum is tomorrow night at Arts Garage. The doors open at 5:00 p.m. and it starts promptly at 6 p.m. So, if you want to hear from the uh city commission candidates for seed 2, please come and join us. Also, if you want to hear more from Mike Caruso, you have your chance on Friday, this Friday at 9:00 a.m. We have the Delary Beach First Friday Forum, and he'll be our guest, and you'll have a chance to ask him questions and interact with them, and you can uh join us via Zoom. If you go to delbe.com, you can sign up um and register, and you'll get your Zoom link there. Thanks. Thank you very much.

Good evening, mayor. Good evening, commission. Um good evening, city manager. Uh Dr. Spencer 33445, I just wanted to say that as the city continues its conversations um around the opioid settlement funds, I just thought I'd share a little bit of insight from um a committee that I sit on. It's actually the overdose fatality review committee. And what's interesting is every two months a group of stakeholders from all different parts of the system get together and we review the cases of a fatality. And of course, as you would expect, every individual that we review, they come from unique families. They come from unique traumas. They come from unique life experiences. But do you know the one thing they all have in common? They all went to schools. And I just I continue to encourage you that these funds that the city um has was meant to do two things and that was to respond to what's happening now, but it's also to make choices that the likelihood of the same harm doesn't show up again in the next generation.

Amen. So, thank you for your consideration. Thank you. Thank you very much, Dr. San. Are there any other members of the public wishing to speak? Seeing none, public comment is closed. You need another break? Getting ready for another break? Are you kidding? I'd like to move everything till next week. Anyway, I I need a um a motion to approve the consent agenda. Motion to Motion to approve. Second. All in favor? I. Any opposed?

Good. Consent agenda is approved. Moving right along to our regular agenda. Item number 7A discussion of the Crest Theater in the Where's Missy? Here she is.

Here we go. Okay. Good evening, mayor and commissioners. Missy Barletto, public works director. Um, tonight I'm very pleased to introduce to you our um, auditorium renovation team of architects that have been working to bring you options for how to move forward with the auditorium renovations at the Crest Theater. I have with me Michael Schnoring from Mills and Schnoring Architects, Katherine Fry, and Jody, I am going to butcher your name.

Jodie Kavalik with Julian Results. That is not how I would have said it. So, um, thank you. I appreciate that. I'm going to turn the microphone over to to Michael to do the presentation. And it's going to be longer than 10 minutes, but we're doing our best to keep it short.

Thank you, Missy. We will move things along as quickly as possible. Again, I'm Michael Schnoing with Bills and Schnoring Architects. It's a pleasure to be with you tonight. Um, we are very excited to share with you uh several months of work uh studying the Crest Theater Auditorium and all its attendant spaces within the old school square. Um, this work has maybe the mouse.

We'll use the mouse maybe for There we go. There we go. Okay. Um, we want to talk to you about our our findings, our process, uh, a little bit, and we're going to move very quickly through options, uh, that we have developed over time with Missy and her staff. Um and these options are built to give you uh some uh information to uh move forward with either um in part or in total. Um so uh that is the basis of our discussion. On the screen you're seeing um the Crest Theater in the middle of the old school square. It is the orang-ish um color. Uh on the bottom is Swinton Avenue. Uh and to the left is the north uh side of the building. So those are are things to remember as we go through this. There we go. Okay. So uh we have been engaged in a concept design. Uh and by definition that is a broad brush review of the building uh its conditions the code uh issues around the the use of the building uh and also future uses uh that are potential uh as part of this um uh the bolded text is where we are today. So we've gone through an extensive review of the building. We have a team of engineers, architects, theater consultant. Uh Scheler Shook, Jody is with Scheler Shook as a theater consultant and an audio visual consultant who's been assisting us through this process. Um we've looked at the building, we've gone through design studies, we've studied the code, we've looked at accessibility, and we're here today to show you some options. So we're going to spend a little bit of time on this slide. Um we've developed these three options. They are base

scope. Um so this is a baseline of getting the building open again and useful. Um and the intended use of that would be small events um comedy lectures recital one act plays um minimal performance lighting and AV accommodations. Um this would also include uh fairly significant finish upgrades, seating upgrades, accessibility upgrades to both the auditorium, the stage and the back of house spaces. Um option one uh builds on that. So all of the things in the base option are carried forward into option one. It's a significant upgrade uh to access accessibility in the back of house um uh which adds uh an actual formal elevator to the building uh for back of house accessibility. um and really significant theater system upgrades uh that provide better functionality for musical theater, multi-act plays and cinema uh to name a few. Option two again carries all those things forward, but then there are some basic um upgrades to technology which Jod will detail in a little while. Uh Jody, do you have anything you want to say about those uses? I I think I would emphasize that option one basically in terms of the theatrical systems and the support for performances uh brings it in line with modern standards and equality to where it was before uh it was rendered in its current condition where many of those systems have been rendered inoperable or removed from the building.

Right. Thank you. Thank you. So Katherine will go through our base scope of work in option uh one.

Yes. So the base scope of work includes the base scope of work includes general renovations throughout that area that was highlighted or in orange to begin with. Um, and we're focusing the design changes on the back of house, uh, first floor, uh, access to the stage from the auditorium for patrons needing to access a stage and also renovations to the balcony. And the accessibility focus um, is on getting a first floor dressing room that would be accessible as well as that patron access to the stage. The general renovations um would include uh finish upgrades throughout that area. Uh replacement of the seating with refurbished end standards and then providing some improvements to the uh light and sound control around the stage as well as upgrading the loading dock and railings as you see in the picture there. uh the back of house accessibility. Um in the center, one of the um dressing rooms would be made accessible and also we would be replacing the wheelchair lift that's currently on the loading dock with a new piece of equipment. Um what's back there now is um in very poor condition, but this would provide um accessibility to that first floor back of house. Next, um within the auditorium, we will be looking at providing a ramped access to the stage for um um patrons needing access as well as adding seating uh an additional front

row of seating with four accessible wheelchair positions. Um, also in the back of the auditorium, we would provide some space for a sound and light control in the balcony. Um, currently there are three control rooms across the back of the balcony. Um, we would be removing the two side control rooms which are not needed. Um, to add, uh, two accessible wheelchair platforms in that area and some additional seating and better access to the center control room. In terms of the the base scope and uh the the the systems that make this function as a theater, we would be restoring uh a very basic level of functionality uh and and un undoing some relatively unsafe conditions that currently exist uh as a result of what was done to the space. Um so it would allow for some basic stage curtains and masking. Uh I'm just going to be very overview of this. uh we can get into details if we really want to. Um restoring the basic sort of infrastructure of the theatrical lighting system uh in addition to a basic public address system uh and assisted listening system um which currently doesn't exist. So a lot a lot of this in addition to the other architectural elements is focusing on accessibility accommodations within the space that it currently doesn't have. Um and so so again this is sort of stabilizing the current conditions that some of them may be unsafe and starting to rebuild the infrastructure that uh doesn't exist anymore in order to support performances.

There will also be acoustic improvements made to uh doors and things where there is sound leaking into either from the stage or from the reception area in various areas. Um and then as also electrical, HVAC, plumbing and structural improvements um to support the the renovations. So building on the base option which was all contained within the existing footprint of the building. In option one, um we're looking at expanding um the footprint of the building in two areas. both the rear um where the loading dock is and the side of the building that you see in that image. Um so there will be um and that is all both to provide additional accessibility. Um one would be a new stair and elevator addition at the rear and the other would be to provide access to the stage. So I'll go through this. Um, currently there's a a stair um in the center of the the back of house space. And so this would be moved um out and that would free up some additional area in that crossover hallway for a small green room and a kitchenet. Um, and it would provide elevator access to the second floor of the back house, back of house, as well as an expanded uh loading dock. Um with in the second floor uh there would be an accessible dressing room on the second floor um and an additional wardrobe, a laundry area and small kitchenet. And this is an image of what the the

back of um the rear would look like with that more permanent canopy on the loading dock. uh the elevator and stair tower and then an a vestibule leading into the elevator. So that would provide access um very like a permanent um enhancement over over what you see in the base.

And I I think it's important to state what's what's provided here that's not in the current building is that you will have presumably you would have acts coming to the the building to perform on the stage. This is a real formal entrance for those acts whether they need accessibility or not. Um they're able to now come through the back of the building in an efficient uh and safe way. Can I ask one question before you continue? Why do you need the accessibility for the patrons to get on the stage? You have accessibility for anyone participating in the axe to get in through the rear. Why do you need that ramp to get on the stage?

It's a great question. Um this is frequently um uh one that we answer. Um so if you you do a um let's just say a graduation on stage and you want to have people come up from where you're warding people. Okay. Uh to come up to the stage, you want to have that equal access throughout the building. So um that's they don't have to go out get in the back door. That's the fundamental reason. Okay. Thank you for that answer. I appreciate it.

Yeah. Sure. Um it it also provides the accessible path from the front of house or the lobby area to the backstage. Even though you have to go through the the auditorium, the theater and the stage to get to the back of house area, that is the accessible path without having to go outside. Um additionally, as a uh as what will probably be a non-producing theater, meaning you don't have a theater company resident that's producing shows, uh you're going to be bringing shows in a lot. And so the uh the improvements to the loading dock area are critical for that sort of uh functionality. When shows are coming in, they may have trucks, small trucks loading in equipment. Uh the current conditions are actually kind of difficult to to utilize, we believe.

Thank you. And as an extension of that question or answer, um we have another solution for the accessibility to the stage. Yes. So this is an alternative to the ramp scheme that was shown on the interior in the base option. This would provide a small exterior addition on the side that would include both a wheelchair lift and a stair so that there would be equitable access for those um patrons that needed to access the stage um from the front of house to the back of house. And to Jod's point, it provides another way for front of house staff get to get to the back of house rather than going onto the stage itself, which is what the base scheme uh includes.

Thank you.

And then this is an image of a preliminary concept of what that um exterior addition could look like. Um and we'd be very, you know, sensitive to the existing architecture um with any additions that we uh would propose. Uh in addition to all the other architectural improvements, we would be recommending putting in some new uh what we call front of house lighting positions. Uh currently those were served by uh a fixed pipe over the balcony that is very difficult to access um for for maintenance in particular but also from show to show. Uh lights need to change. Uh so we've developed a scheme of adding a catwalk system uh in the the upper ceiling area of the theater that would allow for very easy access uh and safe access to uh maintain fixtures, lighting fixtures, change them on a per show basis uh and and allow for other potential functionality. If if a show is pushing out into the audience off the stage, they might be able to hang stuff from there and and those sorts of things. Uh so that's that's what the catwalks would allow. Um uh it in just stepping back a second in the base scheme we actually would be proposing a motorized pipe out there that would raise and lower to sort of serve that functionality. Uh the challenges there of course is that you've have motors that you need to maintain. So this is more of a passive passive system. Uh the theater systems in in what's being called option one is actually a restoration of what was there previously. Uh the functionality in terms of what could be done on stage, what could be done in terms of lighting, uh what could be done in terms of audio and video presentation in the space that uh with modern systems that doesn't exist now. um it's sort of

recreating what was there that has been removed but utilizing modern systems. So they will have some additional functionality regardless because it's more advanced uh technology. Um and so this would encompass all of these these different areas. Uh yes. Um Jody maybe mention the AV improvements as well.

Uh yeah. So so this would take it from a little bit more of just a basic sort of public address system. might have a speaker lecture type thing. This is where we're actually putting in more of an audio system that could support uh in-house um you know, if bands come in, they could utilize the in-house system. So, this actually could potentially become a revenue stream for the the space. They could rent the internal equipment to a show that's coming in. Same with lighting actually. Uh it would allow for, you know, musical theater. Um, you know, we saw some photos earlier perhaps or maybe I saw them on my phone actually of some some of the productions done at uh uh Pomosa um School of the Arts. Uh, and so this would actually kind of create a space that had some sim just for scale maybe some similar functionality to kind of the production work that they do there. Uh, allow for that for community groups to come in uh both in terms of lighting, audio, video and all those sorts of different um aspects of theater production. And on to option two,

technical upgrades. Oh, we're into technical upgrades on option two. I thought we were still on option one.

Uh so option two, which we we haven't gotten to the rest of that yet. Um but in terms of the theater spaces, um in place of the catwalk, we would we were proposing uh what would be referred to as a tensionwire grid system. So, this is a large walkable surface of of woven mesh grid uh woven aircraft wire into a grid. Um it allows for a very flexible use of the space in terms of where you're putting lighting, uh how you access it. It's very safe, um lowmaintenance, uh and and just provides a much greater amount of flexibility than the catwalks would for what could be future production use of the space. Again, we're trying to sort of uh do some fortuneelling here of how how that space could be and might be used in the future. Um, yes. And then on the next one, uh, right now, uh, again, this is focusing on sort of safety and access for technicians, not necessarily patrons. Uh, on the sidewalls of the the theater right now are these pipe assemblies that um are difficult to access in terms of lighting. And so we were proposing some potential uh mezzanines that uh a crew member could walk out onto in order to change the lighting uh for the stage in addition to the catwalks or the tension wire grid. Um it becomes a very safe way to do this. You don't have to utilize ladders and fall arrest systems necessarily. Uh, and we would obviously work together to design this in a way that fit within the uh, the aesthetic of the space so that it didn't just look like pipes tacked on the wall, let's just say. Uh, and um, continuing with sort of the option two expansion. This is taking um those sort of systems that we've now restored and expanding them a little bit further to

give you greater flexibility for future usage. Uh again, not necessarily knowing how the space might be used and what types of shows might be coming in. Um it would it would expand the amount of uh rigging on stage. We would improve and and uh expand the uh the lighting package. Um, one of the things that we would add in this particular thing with the the AV system is live streaming. So, this allows for a show that's ongoing to be captured by video streamed live to uh YouTube like this session right now perhaps um or however else you decided to do it. Uh, and and it would continue to sort of upgrade more of that infrastructure of electrical and structural um to support all these different systems that we would be looking at.

I think we're good. So, we're going to show a little slide about cost. And I want to just caution you that this these are conceptual budget numbers. They're based on, as I said in the start of this, conceptual designs, which again are broad brush. So, we're building these these three buckets, a base building, option one, and option two. There are options within those options which can slide around uh between the two. So, um these are not definitive. um they really are based on what the city decides to do uh with any of these options. So again just giving you a little context. Um so the base scope um just as we have described to get the building open to refresh finishes to address accessibility in the auditorium uh really throughout this the building um and to treat it basically the way it's treated now um is about $3 million. Um the graph uh just by explanation, the blue line is the total cost for each of the options. The orange line is are all the contingencies and markups that go along with um the budget estimate. At this time, when we build these estimates, we have to put in a lot of allowances, a lot of contingencies, um general conditions, um all of those things that go into a contract later. We will make uh judgments about those along with our estimator and our engineers to try to build this budget. Option one is a significant upgrade. As you saw, there are plan changes, there are technology changes, there's lots of infrastructure that goes into the building as part of this. So, it is a lot more uh cost to do that option. Option two is a leap above that and as Jod was describing it's mostly technology related u to make the space do lots more uh for the future and again we're we're sort of looking into the future what might be here. Now we've

said that they there are lots of options within these things. A lot of these items can be brought in as alternates. They can be brought in as phased elements for the for the future. Um, so if you decide to do something that is get the building open and add a few enhancements beyond that, you can still be planning for some of these enhancements in the future. And with that, we'll take your questions. Great. Missy, did you have any comments? Did you want to uh say anything? I know you've been working on it for, you know,

I think you've been presented with with a a wide array of options. One of the things that that Michael said that I want you to remember as you talk about moving forward is the um that there are things in each of these option baskets and the baskets can be moved around. So if there are is something that you are really anxious to see available in the auditorium, we can accommodate depending on on exactly how you want those options to go. Obviously our directive was to bring the auditorium back to the functionality that it had previously and that would be option one. That is the base option plus the upgrade. Um for me that is the more attractive option because it doesn't have a big ramp in the auditorium that is going to take up some of the seating. It gives us additional ADA accessibility and all of the building code issues and um and safety issues that exist in the auditorium now are going to be accommodated.

Thank you. Commissioner Marker just had a question. Missy, did the bal did we have the balcony looked at? Is that deemed safe now? Yes, we have a we have a letter from the a signed and sealed letter from the architects that say that the balcony is structurally sound for the purposes that we want to use it for. Yep. And we will be enhancing that safety by changing the railing system across the front. I know that that there are people who were um concerned about the safety of the balcony without having those railings there. Okay. All right. Thank you, Commissioner Burns.

Yes. Um, I just have a question. So, I know Thank you for your presentation. Um, very very very nice and promising looking. Um but you know we recently had a a joint meeting with the DDA and we got I know you this work was done way before that because you couldn't have had this nice presentation ready by that time but we decided we had a consensus to have a feasibility study done. So now can we move forward in part or in whole without the feasibility study?

Yes. Actually the feasibility study that was discussed at the workshop was for the entire campus. It's not just for the auditorium and what kind of shows will be available in the auditorium. It is to look at every piece of the of the campus and to assess how that would go forward. We actually have been talking with with a group out of New York City that has done a number of these in throughout the state of Florida. They've um created they've completed several in the last two years in a number of different cities where they will look at um assessing the market for for the old school square, seeing um seeing what is available there now and what amenities the city might want to add to that across across time in order to enhance the um cultural attractiveness of the of the campus and capitalize on that market availability.

Thank you because I thought we were specifically discussing the theater um and the DDA taking that. So I thought that feasibility study was just for that. So thank you for that clarification. Um I don't have any other questions at this time. Thank you, Commissioner Cassell. Thanks. I I agree with you on that option which gives you the little uh entryway and then an a little mini lift instead of having the large ramp. But that's just my personal opinion. I we have 5 million in our CIP for this current calendar year to utilize 3.5. Oh, right. Because we extracted Well, no, we had five and then

we'll get it next year. That's what I'm thinking because I feel like if we're going to do this, we need to probably look at that third option, option two. Uh, and or look at a phasing in process because the idea is and we did discuss this. This is where money can revenues can be generated and the better way to generate it is to give yourself more options for use. So what I would would would like to see is my opinion is that we look to get to option two but maybe as you say in a staged way maybe we have the brackets up for the mesh but the mesh goes up in another period of time or what have you. I don't know if uh you can outfit it with technology but make it so that you can have the better technology in the following fiscal year. I feel like if we're going to do all this at this point in time when you're looking at what amounts to potentially a million and a half dollars, but you said you can manipulate that number, I feel like we should try and do the best that we can with this and make it so that we have greater options for use.

Yes. Okay. Um

I mean I think that Delray deserves at least to bring it back where it was. So we're that kind of I mean the base thing is fine, but if we're going to be able to do like you know shows with a light in front of you and as your rabbits that's not really theater. So I mean I I do think I mean but from what I'm listening to because I'm trying to get what's the biggest bang for the buck whether it's option one or option two. But in option one, let's say we do option one for the $6 million or five and a half, whatever, $6 million. By what I'm hearing, you're saying it the to upgrade to add additional features between option one and option two is going to be a heck of a lot easier than trying to do them when you're doing your base product, which everything's already kind of done. I mean, you have to redo it with elevator, got to redo it. So, you know, so I think the starting point would be option one. Personally, I'd like to do the maximum flexibility and do option two, but I understand the finances involved. And I would like to see what kind of a timeline we could get to all of those features because, you know, I had a lot of conversation with people on this and it's odd when you talk to people that are in the business. You know, the design is important, right?

But you then you got to deal with the actors and the unions want you to have this, this, this, and this in your facility. And I mean, it's just was an amazing conversation I had. And so for us to be able to do the proper thing, I mean, what I mean, this is not fair to ask you, but what do you think the biggest bang for the buck is? I do think it's option one. That's okay. So, we're we're agreeing on that.

And and some of the things that are in option two um could be designed in for the future. They're a little more difficult, I think. And I think maybe Jody would agree. I don't want to speak for you, but if you go with a catwalk system as opposed to the the woven mesh system, if you do the catwalk system, you're probably not coming back to the back. So that's why some of it can be done, some of it I mean that's as this evolves, we can decide you'll come back, someone will come back saying, "Look, we've looked at this. I mean, we clearly needed at least a catwalk system. I mean that's that's a that's an option, but the mesh system is really what everybody's that's where everybody's going now." I mean, so are you thinking the same thing? we look to get to option two eventually, but you know,

I mean, look, I mean, I wish we had the money to just write the check and do option two right now, but I want to get it started. I don't want to delay anymore. So, one of the one of the things that that I've had in the back of my mind, and this is not fair to my teammates here because I have not discussed it with them, is that we could do option two, but remove the elevator option for the back of house because we actually have accessible dressing rooms on the first floor. Okay.

So, there will be accessible dressing rooms for those for those folks. of people on the second floor. We'll have to put the elevator in at at a future date, but that would get us to option two with more amenities and then but we would need to plan to put that elevator in at some point. You're going to need that elevator in the back of I mean in the back of I just Is there any grant money available? Did I step in it or I think you will need to back the house is is like

in order to get the kind of people that we we like to do these shows. They're not going to want to walk through. I mean, they're going to want a proper theater entrance, you know, stage door entrance and and I I which is what we which is I'm concerned about. I want to make sure that we do whatever we're doing. It's always interesting to say you can do something later, but going back to the well to do something after you've done one is is very problematic. So, we should maybe make the decision we want to do two. Yes.

See how we can design it. And if we wanted to remove things in the processing, it's going to be a little more expensive than we thought. Then we can adjust, you know, some of those amenities, you know, in accordance with because you can design to put those additional lighting features and sound features. You can I mean that Yes, potentially. Yeah. I I I I think as as Michael was suggesting that there are some elements in into that like and one like we're just going to use the catwalk and that tension wire grid system as the example, right? you're you're not going to change those later on down the road. Um, so we we would make decisions uh if we if we know what,

you know, kind of like what our what our budget is, we start to make decisions about what are the infrastructure improvements that are necessary for the space and will give it the most bang for the buck. Um, and then particularly in regards to the theater systems, there's a lot of equipment that is not something that is hard attached to the building, right? And that's where a lot of this cost is. And that's stuff that very very easily we can start to do alternates to say, okay, we're we're going to put in all the infrastructure to make sure that the systems are there to support the flexibility and and the the capabilities of the space in the future. Um, but maybe you only get 48 light fixtures and not 64.

Got it. And so those sort of things are the things that we start to target to try to scale it. And there might there might be other things like the elevator like Missy mentioned that would be a thing that could be an alternate that could come in later and and a few maybe some others that we could identify as we go. But Missy, are there unforeseen structural needs that we're unaware of or HVAC? Are we how are we with the building as a whole? Are we going to be do we have other needs that we may not be considering in this conversation that are going to come up in the next few years? We need to do some roofing repairs, but we're going to be accomplishing that because the HVAC improvements and upgrades are included

in this. Um, we didn't talk a lot about systems because I thought I saw it up there. Boring. Yeah. But, um, we are actually going to make sure that people are comfortable while they're in the auditorium. Right. So, all the theater system stuff is incorporated in this cost. And exterior, you think you you you need a roof.

Yeah. And you know that it will because we're we're adding we're changing the exterior envelope of the building. We will have to go through historic preservation. I just wanted to um to let you know we are already working with them. They have extreme confidence in this team that we're going to bring forward things that that will be um excellent and acceptable. There is a big push in the historic community right now to upgrade theaters like ours to make them more accessible. So, so we're we're confident that that will be a fine thing.

Is there any grant money out there that we could be looking for in terms of helping us with this process? So, in order to get grant money, you first have to raise funds for yourself. All of the the grants that are for the arts for improving buildings and things like this require you to go out and raise your own funds first as a sort of to show that you've made every effort. Is that what we have in RCIP though? That's not considered matching. No, it has to be like actual fundraising activities.

I'm conf I'm actually confident that's something I think we can do. I think there's enough interest in trying to get that done and there's people that are expressing initially really want to see this you know kind of up and running. So I mean my inclination as I say and you know I'd like to do number two happy with number one as long as I can phase into number two or start off with number two and cut some of the stuff back you know but I'm I'm of the this is Maine and Maine I mean this is this is the heart of our city. It it's got to be something that I mean we we we we waited to spend a lot of money on the golf course because we wanted the best. We wanted we you know we're we we're getting an attitude of we want the best. So this is where I think I'd love it to be I'd love you to have come back said well option two is $3 million but that was not going to happen. So

so I will say that the the feasibility study that we're that we're working on um has about a threemonth timeline for that. So, it'll be within three months they're going to be able to give us information about the market analysis and what kinds of of um events, shows, productions the community, this this campus will support which will will help to inform the eventual decision on exactly how much budget we want to put along with this. What do you need from us this evening? I just want it to be what at least what it was. Well, what I'm hearing

is that you've given us consensus to design to option two, correct? And um I'm assuming that the board is in favor. That's what we're saying, but with the understanding that it we may have to like build into it, you know, with that phase into two. Yes. you know with the design the design plans will be built so that so that there are options but we'll design the full plan and with with what we usually call adults additional alterations I think the wire mesh makes more sense than the catwalk but I mean I just think this a

maybe an option one we put in the wire mesh and we don't put in the catwalk so those are the kinds of decisions that that will be made

just a quick question I I don't know the answer to this. So I I hear from uh a lot of the acts that we have at the amphitheater and other places, we don't have a lot of equipment necessarily. So we always wind up in this situation where we have to go out and rent equipment and that's becoming cost prohibitive with with this plan that you're putting in front of us. Is all the basic equipment covered? Like we shouldn't need like a lot of rentals because I've heard loud and clear the past year the these rentals are kind of crushing our budgets and it it's nobody's fault but we just don't have the equipment. So I'm just curious how much equipment is built in here that will save us some money on the rental end. Yes. Love that answer. Good. Thank you.

That's great. Thank you for the succinct answer. So So it'll cover the the basics. AB: Absolutely. Yeah. Yeah. and and and more so if we're talking about the scale of the project that we're talking about here. Um that's that's the intent here is to limit you know what you have to go out and rent uh to stage a production but it also gives you the opportunity to have all that equipment in house to rent to a production. Okay. So we should take that into account when we're budgeting that we are going to get some savings on the back end of this that you know that that currently is costing us a lot of money. Yeah. And additionally, the feasibility study is going to look at the condition of the existing facilities beyond beyond Crest Theater building.

Okay. So, they'll look at Cornell, they'll look at the concession stand and they'll look at the amphitheater and recommend the improvements that we need to make in those facilities and give us cost estimates on what we need to plan for. Okay. So, we we're going to follow what you said, right? Do we have the do we have consensus to follow with you? We're designing to to lead us towards option two understanding we want the option one cost. So we're going to try and manipulate in between and we're trying to do it in a phased way. Right. That's so we're all in agreement. Yes. I think Well, do we need a motion?

No, we don't. We've got consensus. So I mean I just can tell you that there are so many people in this city that are just happy we're getting this done. It's another great Thank you. This is very exciting for us. Thank you very much. Thank you for all your hard work. Listen, I actually let you roll 100 pages. You know, you had you had all that backup. I actually went through it all. So, I spent this afternoon going through it all and I'm saying there's a lot of a lot of work. A lot of work. We went through every gritty space of that. Well, you too. So, well, that's what we wanted. Yeah. Thank you so much. Thank you. Very exciting. Good. Very exciting. Okay. Thanks, Missy. Thank you, Missy. Once again, hit it out of the park.

Okay, we have resolution number 26-26. Resolution of the city commissioner of the city of Dar Beach, Florida, amending its budget for the fiscal year beginning October 1, 2025 by providing for supplemental appropriations in the amounts identified in exhibit A, repealing all resolutions in consistent here with providing an effective date and further purposes.

Mr. Mayor, I'll go ahead and take this one. This is briefly two line item adjustments involving the Department of Neighborhood and Community Services. One general fund. No change is an expense to expense transfer in a general fund. Specific line item in that regard. Followed by a sanitation fund. No change. $79,48 expense to expense transfer and general fund based on level of service approvals that were authorized during the current fiscal year proposed budget process. Otherwise, we have deputy chief financial officer Carmen Alleman along with director of neighborhood and community services Jerry Prior present to address any questions. Otherwise, you know, we don't need to. I think we just if I can get a motion.

Motion to approve resolution number 26-26. This is just money moving. There's no change correct to the budget line item. That is correct. Do I have a second? Second. All in favor? I. Any opposed? Great. Now we have resolution 2926. A resolution of the city commission of the city of Dary Beach, Florida, approving a waiver to table 717D of the land development regulations to allow seaw wall to be constructed above the base flood elevation for the property located at 614 Northwest 8th Avenue is more particularly described herein providing an effective date and further purposes. And mayor, this is quasi judicial. This

is a qua judicial. I'm getting ready to read the instructions. The 7 is a qua judicial hearing. It will be con conducted in accordance with the quazar judicial rules. The applicant in the city shall be allowed 15 minutes each to present their case. The public shall be allowed to speak for 3 minutes each or a maximum of 6 minutes if the person represents an organization or group of people who are present but agreeing not to speak. The city commission and staff and the applicant may be allowed to cross-examine a witness. The city or the applicant will be allowed to offer rebuttal testimony. The decision to approve or deny an application or appeal may not be legally made upon personal views as to whether or not a project is a good project or not or 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 in on the basis of whether the project meets the requirements of law, the comprehensive plan and the land development regulations. Now this is a qua judicial that there's anybody here wishing to to speak on this matter if you could please uh rise and get that

why don't you swear you guys the uh 7D yeah 7D and also if anybody's here to speak on 7D which is the car wash that is also quite judicial and mayor the reasonzoning also that's crazy that's quite judicial yes because it's privately initiated all right the number 8 C which is the reasonzoning of of 2855 2875 52905 South Congress. So, anybody that's going to be offering testimony on those three items, please stand and get sworn by the clerk.

By the authority vested in me, as a notary of the state of Florida, do you swear or affirm that the testimony you're about to give is the truth, the whole truth, and nothing truth? Thank you all very much. If staff could please enter the project file into the record. Good evening. Anthia Ginotus, development services director. For the record, I'll enter file PZ000000347 dash 2025. That's the um waiver file. Okay. Um were there any dis uh dis any exparte communications? None for me. None for me.

If I don't if there's something on the server, but otherwise I had no direct contact with anyone related to the file. to the applicant.

Okay. Thank you. Good evening and thank you for your time in um this presentation will be brief. Um, we have the request for the waiver of the city's uh, land development regulation and code for the seaw wall elevation at this residential property that has 80 ft of waterfront canal in um, in uh, Lake Ida Estates. Sorry. I am the agent representing the owner who's present this evening, Betina Steppen, and as well the developer and general contractor here who's built the home that was fully permitted and approved um construction pending seaw wall improvement in order to complete the necessary um lot uh infrastructure, if you will. So again, an 80 linear foot seaw wall being installed and needing to maintain compliance with the code to offer this waiver um for the relief of the maximum elevation that Del Rice standardized as the base flood elevation. So, as an agent, I represent a lot of marine construction throughout many, many municipalities, and each city sort of has a little bit different language in the code with regards to shoreline stabilization and infrastructure. Some have FEMA's BFE as a maximum in the case of Delray and some have it as a minimum plus freeboard. So, again, I think this is more of a formality and a technicality. This parcel is unique as every residential property is specific to its location. It is on a sloped um piece of property that the elevation at the crown of the road sits much higher than that of the canal on the back side of the property. And based upon the permissibility of the

home improvements, the upland residential property improvements and structure, the necessary elevation for the finished floor is over 18 ft because the crown of the road is pushing almost 17 ft. So here it is located on this waterway canal where the big red arrow points on the image to the left. Lake Idaho being north of it there and several properties in and around this area that have installed similar 12t elevations and those that exceed FEMA's BFEs at this time. Here's the parcel that was um purchased by the property owners with the one-story residence and then fully permitted to construct this single family home. Again, requiring all the various disciplines and review processes prior to permit issuance. And these civil drawings indicate that the seaw wall to um to support the waterfront portion property boundary would need to be at a 12 foot elevation NAVD in order to um work within the civil drainage plan that is incorporated as part of the issued permits as is requested. I have visual pictures here from the front of the property and the rear of the property as they currently exist. The illustration on the right showing that we've got um retention so fencing in place to keep things stabilized until the proper seaw wall can be installed. And then we still will have about a 5 1/2 ft drop in pitch from the rear of the property to the elevated seaw wall at 120 which is then in compliance with the other codes that would otherwise be too steep if it exceeded a 4:1 and things of that

nature. It's really just necessary as a formality. Again, here's a little closer permit issued segments of the drawings for the home improvements as they relate to the engineered civil drainage plans clearly showing the baseline elevation. The pool deck elevation is a little less than that 18 1/2 finished floor. And then we have a slope that is much more graduated still still about 32 feet of distance from rear of property to waterway with a 5 1/2 ft um drop. So um for safety more than anything in addition to the drainage requirements here shows the finished floor as it is related to the 12T structural detail plans are under building permit review. I only put this slide in here because it calls out again the specifications of the existing seaw wall. The new seaw wall that will be built within the code required 18 inches just in front of the current seaw wall and brought up to an elevation that will allow the then developed finished grades of the property to be at a more graduated slope per the civil plans. And then each of the compliance requirements that afford us this opportunity for the resolution to be approved at this um waiver of limitations are in compliance. So I don't know if I need to read all of these. You do you do them often enough, but it is consistent most importantly with that of the Upland approved development and civil engineering plan already issued by all of the authorities and agencies and much of the work complete at this point. Um the crown of the road established elevation for the

finished floor on the improved residence is quite significant. Um where the code does afford finished floor elevations to be tied to the BFE that is on the more typical parcels where the street front to back of the property are much more level lands. This is again more of a hillside from street to waterway and for that reason with necessary drainage to prevent runoff to comply with safety requirements all of those uh boxes getting checked the finished floor with the crown of the road and the freeboard is up over 18 ft. So 9 ft BF compliance on a seaw wall would have it a ski slope and and not safe. Um, so again, important that we not create an unsafe situation. To the contrary, this is to prevent those hazardous drop offs on this parcel and no special privilege being granted. Our um company has certainly built a lot of seaw walls that are above 90 in Palm Beach County and in this area and and some significantly higher than the proposed 12 here um to try to get completely level lands. But um in this case just to be compliant with the safety and the civil drainage of what was already permitted. So just to summarize and and sort of restate the same things again. These elevations grades are adhering to the approved civil engineering plans. There are the unique circumstances on this parcel where the elevation differs between the crown of the roadway. That elevated finished floor elevation and then the waterfront boundary that makes code compliance uh impractical and unsafe. This seaw wall is designed with current coastal resiliency standards, long-term infrastructure durability. We want shoreline stabilization and erosion

control. And it's very typical of modern coastal construction as far as all of the other design elements. Um, this relief eliminates the abrupt drop off in the backyard and um important life safety, avoiding risks of fall hazards and things like that. Let it be known also that all regulatory approvals from the state of Florida FD army corps of engineers are in compliance and um determine that there's there's no adverse impact to any of the surrounding waterways with the process that you described. I'm not sure if it's appropriate for questions or the next presentation but yeah so um

that was all. Thank you.

Thank you very much. Um so Anthia Genotus development services director for the record I think you have a pretty good overview of the request in front of you. There is um a uniqueness to the situation with the yard with the crown of roads. Then it eventually slips you know it slopes not slopes it slopes downward. um even at 12 ft um the seaw wall is only the height of the middle elevation of the yard and the limitation on height is typically meant because it's a balance between resiliency and the protecting neighbors yards across to water things like that. Um, we do, you know, ultimately we don't have a limitation on Phil. So to, you know, bring the house when it was constructed up to the height, you know, a lot of it was accomplished through Phil. Um, we, that's a conversation for another day. But nonetheless, the existing yard is, it really does have a dramatic slope where it moves from, you know, 18.5 where the lowest dip in front of the existing seaw wall goes down to 8.75. So there there really is a uniqueness to the situation that prevents it from being a special privilege. So I'm here if you have questions. I'll forgo the presentation.

Oh, we have to open a public hearing first. Let me let me see if are there any members of the public wishing to speak on this? If so, please come to the lecture and you will each have three minutes. Seeing none, public comment is closed. Is there any rebuttal to the from the city to the to the applicant or to the applicant to the city? No, to the commission. Commissioner Cassav,

thanks. I mean, it's we have to approve this based on what we're seeing, but I do question when you go back to the neighboring property. Do we concern ourselves with any adverse effect of them having their wall so much higher? The elevation of their yard is so much higher. assuming on the adjoining property there's constructed wall to to retain their yard within their yard and obviously we need this the seaw wall but I just we concern ourselves with potential adverse effects to the neighboring properties

and I mean that's that's a good point because we know what happens when the yards are filled and then they put the fence on top and the next thing you know the neighbor's looking at something gigantic but this actual slope is um I'm sorry nothing is on the water um is these um these points are you can see some of the elevation tick marks of the neighbor, right? So the neighbors got 14.33 here, 16.5. So they're relatively consistent. This the the entire kind of piece going that way. My question. Okay, Commissioner Marker. No, I don't have anything further. I we've seen this before. No, I'm good.

Um I'm I'm good as well. Motion to approve resolution number 29-26. Second. All in favor? A judicial note. Call the role, please. Commissioner Margaret, yes. Commissioner Cassell, yes. Deputy Vice Mayor Bars, yes. Mayor Carney, yes. Motion pass. Thank you very much. Thank you so much. We have resolution 10-26.

Resolution of the city commission of the city of Dbury Beach, Florida, reversing the planning and zoning board's recommendation to deny a level four site plan application with architectural elevations, landscape plan, and conditional use request to allow a 4,27 ft car wash at 14145 South Military Trail as more particularly described herein. Approving a conditional use to allow an automatic car wash. Approving a level four site plan with architectural elevations and landscape plan for said property. Providing a confix clause cause and a severability clause. Providing an effective date and further purposes. Great. I'm going to remind everyone here that this is a quaar judicial hearing. Uh if any of you have not been sworn yet, you would now is the time to do it.

Anyone anyone going to comment that that has not already been sworn? We got Mr. Cats in the back. You waved it. By the authority vested in me, as a notary of the state of Florida, do you swear or affirm that the test testimony you're about to give is the truth, the whole truth, and nothing but the truth? Great. Thank you very much. If you if the staff could introduce the file,

uh, good evening at the Aenotus Development Services Director. For the record, I'm going to enter two files. um 2025-110 which is the conditional use and 2025-109 which is the accompanying site plan level 4 application. Okay, great. This is a resolution to reverse the decision of the planning and zoning board. Correct. Yes, mayor. This is an appeal and so um just a reminder this is denovo. You don't have to consider with the planning and zoning board. You can if you want, but you don't have to. They get a fresh new start. They get a fresh start. Perfect. Okay. To the applicant. Uh thank you very much. Uh mayor, commissioners, my name is Matthew Scott. I'm a zoning attorney at Greenspoon Martyr with an address of 2255 Glaze Road.

Excuse me. Were there any exparte communications? Thank you. Yes. For me, yes, I spoke with the applicant and attorney and uh received some um from the legal council of the association, homeowners association. Commissioner Cassell, any expert? Yes, I communicated. Excuse me. I also uh spoke to the applicant and whatever is on the server which is here. I also spoke to the applicants and their attorney and have some leftover paper as well. Uh I spoke with the representative Brad Miller back here. So he's the only one I spoke to. Mayor, I did leave a packet of emails that were on the server. Oh yes. And plus anything any email any email stuff which I have I believe Mr. Scott received those emails emails as well.

That's already public record. So anyway, okay. I'm sorry. Start again.

Sure. Um so again, my name is Matthew Scott. I'm a zoning attorney here on behalf of the applicant uh Fazio Consulting LLC. I'm joined by um our consultants that are get up in a moment, introduce themselves as well, as well as my client. Um as stated, we're seeking approval from the city commission on a conditional use application for a car wash and a level four site plan application. We did receive a uh a recommendation of denial from the planning and zoning board, but under your code, um we have the right to appeal that and it is denovo, meaning um it's a a fresh hearing, so to speak. the proposals for a car wash. But before getting to the details, I just wanted to go over some of the um sort of the standard of review because um there's many people here from the community that we've met with um and there was um lively discussion of putting a zoning board. I think it's always important to provide this this background of the standards. So um in a quas judicial hearing, the decision always has to be based on competent substantial evidence as opposed to sort of feelings or um uh generalized concerns. But with a conditional use application like this, it's really important that I be clear that we bear the burden. The applicant has the initial burden of showing how we meet the criteria in your code. The way conditional uses work is it's a test. The city creates um a bunch of questions on that test and we need to show that we've complied or addressed all of the items on that test. If we meet that burden, then we have an entitlement to an approval for our conditional use. unless someone who is opposing our application has competent substantial evidence that we haven't met the test in some way. And so that's really important to emphasize because this is different than a reasonzoning request. We are not seeking to change what the city has decided for this uh specific parcel. A resoning request alternatively would be asking to for the city to make a policy decision, a legislative matter to to decide that this could be the best thing. It's a little different here with a condition of use application. So, I just wanted to emphasize that um as we go into our presentation.

With that being said, quick background on my client. Um they are a longtime uh car wash operator and equipment manufacturer. Um they have over 75 years of experience operating car washes and making equipment for car washes in South Florida. Um it's still a family-run business. And so we've been working on this application with this family operation that is local for over a year. and we've we believe we passed all the tests that um staff have presented for us. And so we're excited that we've kind of gotten to this final moment and we can pitch our case as to how this will be a um it will meet all requirements in in in your code and be an improvement for this area. And so with that being said, I want to bring up Bradley Miller to talk about some of the specifics of the the property and the plans. Good evening, mayor, vice mayor, commissioners. My name is Bradley Miller. I am a uh land planner with urban design studio at 610 Clatta Street. I'm sorry. Yeah, Clomata Street in West Palm Beach. Uh I've been uh uh uh acting as a a certified planner in Palm Beach County for the last 35 going on 36 years here. So, uh with a lot of it right here in in Delray Beach. I started my own office in Delray uh quite some years ago. Um, I'm I'm going to walk you through a couple of slides here location-wise for this project. This is out on Military Trail, uh, north of Atlantic. It's at the southwest corner of Conkland Drive and Military Trail. The the light blue line shows a designation of where Delray Beach boundary is and where Palm Beach County is. So the the the west side of Conklin Drive, west of our property is is within the unincorporated area of the county. And uh and then the east side as you go north of our property, you can see there's uh there's several different commercial uses uh along there. And this is uh it's not unusual on military trail

with the amount of of uh activity there that uh it is commercial. Um to the south is Sierra Vista which is uh within the city uh town home community and then to the east of the property is is High Point that's also uh within the city. Uh this parcel is zoned general commercial. Uh it was uh annexed into the city in 2006. In 2020 is when it got reszoned to general commercial and then that and nothing ever happened after that at uh reszoning. This zoning district does allow for car washes. It allows us to to make this request and it's subject to the conditional use approval uh now now by you. Our plan uh here on Conklin Drive is um it's a small narrow piece of of property that that you can see. our access is is coming off of Conklin Drive and that's uh there's a reason for that is because the county which controls Military Trail uh in this point won't allow another driveway to Military Trail. So our only choice regardless of what use would go onto this commercial property would come off of Conklin. Uh the the circulation would come in on the driveway on the west side left side of the screen. We have three lanes of of queuing there that total up to over 300 feet. Uh each of those meet the requirement of a minimum of 100 ft of queuing before it comes up to the point of service. At the point of service, there's a a retail lane which is the people that that uh haven't joined as a membership. If you've gone through those uh you know that you you get the the pitch of membership uh when you go to them. So the northernmost the yellow arrow right at the right by the POSOS on the screen

is the retail lane and then there's two member lanes and and that uh helps facilitate the the speed of the the cars and the frequency of the cars uh as they continue through. They go through the the tunnel and then they circle around the east end of the property and then have the option of either leaving or they can use the vacuum spaces that are uh available for for any of the uh the patrons. Um we do have uh buffers all the way around the property uh and and landscaped u uh very well. uh your staff has uh did a good job of uh dragging us through their review process to to get it to this point. Uh from the landscape standpoint to point out here we have uh 8ft walls uh on the south and west property lines which are adjacent to the uh the residential uh pieces. And then we also have walls on the uh east side uh with military trail. It's a 6ft wall there and then a 4ft wall along Conkland Drive. So, it's it's walled in with the exception of the the driveways uh uh with landscaping all around. Um this gives a a good exhibit as to this is looking at a cross-section looking to the east. So, you have the car wash and then uh Sierra Vista is is to the right side of the screen. Um the the nearest residential uh home uh in Sierra Vista is about 90 ft away from the car wash building and there's landscape buffering in between. They have their own hedge there. Uh you can see our our landscape and and our wall there. So, uh we just wanted to show that to give some perspective of to the

the the proximity of uh how we are along that south property line. um and and the um how how that's uh situated uh and then in relation to the the buffering and the wall that we put put on there. I think uh with with that uh quickly the architecture um this is uh the pallet. I'll go through these quickly just to give you a feel of of what it will look like. Again, your staff uh was helpful in in working through this and uh we we think this is an attractive looking building. Uh it does have the cupboard vacuum. Some people have asked about what are the the things the the shade looking things and that's exactly what they are shade features for the for the vacuum spaces. So with that, we'll let uh Matt continue. Thanks. Sorry, we're uh we're going to try to go quickly through the key criteria here because we're pressed for time and uh we understand it's late. Um in meeting with the neighbors uh multiple times in uh in going through the planning and zoning board, we identified that there were three main issues of concern, lighting, noise, and traffic. Um we are seeking no variances whatsoever, no relief, no waiverss. The staff report indicates we meet code in all ways. That being said, the staff report suggests we should consider doing more in the way of lighting even though we meet code.

Is there something we Oh, sorry. Continue, please.

So, the staff report suggests uh we meet code always in lighting. That being said, we should try to do more. And so between planning and zoning board and now, what we've done with our lighting plan is we're proposing a condition of approval that we would um use motion sensors on all of the south and west lighting so that at night time it's off at all times unless someone is on the site. So we're exceeding what your code requires even though we already meet code. With regard to noise, I'd want to call up our noise consultant very quickly. You can come up and introduce yourself. We met code as to noise the first time around. we were under the noise levels between planning and zoning board and now we've worked to make that even lower to reduce the noise and so I want to introduce our noise consultant to speak to that.

Good evening. My name is JT Stevens um with LSA Associates uh Emeryville, California. I've been doing this for a little over 21 years now. Um as um he stated, we've modeled the noise contours for the proposed project. Uh prior to the reducing of blowers, it met the standards, but since then have reduced uh taken out two sources of noise and the blowers that are at the exit of the tunnel, obviously that's on the uh east facing side. Uh so we're reducing that side as well as the noise coming out of the entrance to the west. Uh we've also added, as it's been stated in the walls, that are also noise reducing features in the perimeter walls as well as um silencers on the blowers. So before you go quickly, prior to planning and zoning board, did our project meet code as to noise?

Yes. After planning and zoning board, what did we change to make it even quieter? Uh we reduced uh two additional blowers beyond the original um noise reduction features. Great. I'm going to try to get this in under. Thank you very much. The next biggest issue and most important issue by far is traffic. We get that Military Trail is a busy place. Um I want to call up our traffic engineer. Introduce yourself.

Good evening. Adam Kerr with Kimley Horn and Associates, 477 South Rosemary Avenue in West Palm Beach. I'm a registered professional engineer and have been in practice for over 24 years uh doing traffic engineering here in South Florida. Uh traffic study was uh was submitted and was approved by Palm Beach County, which is the requirement for any uh development within this within Delray Beach uh for the one lane car wash as uh as demonstrated here. We also have looked uh since then we've also looked at the number of trips associated with other uses that would be allowed on this site such as fast food fine dining or drive-in bank. All of which generate much more traffic than this one car wash would fast food almost five times.

And so private planning and zoning board did our project meet code as to traffic? Yes.

Okay. But we heard from staff in the community that we should do more with traffic because it's an issue. So between now and then what did we do? So, we also met with Palm Beach County to discuss uh and finalize any access along Military Trail. Uh there's a full opening, full median opening at Conklin and uh and Military and then of course the signal to the south and the signal to the north and various other median openings. Uh in discussions with Palm Beach County, they uh they confirmed that there would be no modifications required along Military Trail to accommodate this traffic. If they did believe and if we believe that there was uh a significant traffic impact, we would be required to make those uh those those improvements, whether it's lengthening turn lanes, changing the medians, things like that. We would not have been approved without making those changes.

There should be a traffic county approval showing up here. And then another thing that we did, we did do a uh signal warrant analysis to uh to to to analyze the county's criteria for potential for a signal at this location. and the volumes did not warrant uh or the the crashes did not warrant a uh traffic signal at this location. This is a copy of the Palm Beach County traffic approval which states that the the project does meet the traffic performance standards.

Thanks very much. Okay, so just to piggyback off of this, we aren't required by your code to do a warrant study of Conland. It's just not required. You go to the county and say based on the use based on the number of trips, um is this permitted? Is it is it within the traffic performance standards? They gave us that, but we did conduct this warrant study anyway because we heard concerns from the community about Conklin. What the county told us was nothing would be warranted here. Even if it were a fast food restaurant, which is a permitted as of right use, not a conditional use, nothing would be warranted in the way of traffic improvements just based on the volumes. And so, while we expect we're going to hear from the neighbors that traffic is really bad and that certainly may be their lived experience, we can't deny that. From a technical test perspective, under your code, this proposed use does not necessitate any changes to the roadways um and does not just simply does not create enough traffic to um warrant not being permitted. And so, finally, I got 48 seconds. We're going to do get up quickly with our appraiser. You go ahead and introduce yourself.

Yes. My name is Clayton Belier. I run the automotive specialty practice with BPG real estate services 13,000 Srass Village Circle, Paneavidra Beach, Florida. Um, we appraise or do feasibility studies andor need studies on approximately 350 plus car washes per year. And based on our study and analysis of the market, we did determine that there is a need for an additional modern express car wash in the market area. Okay,

I got 16 seconds, so I'm going to make it quick. We meet all all requirements of your code. every single item in your code we meet. If the city wanted to adopt uh specific requirements for car washes in this area, they could have. They chose not to. The city knows this because in other parts of the city they have specific car wash requirements. They chose not to here and so we meet code in all ways. But finally, the real test of our application is the conditional use criteria, which is whether there will be a significantly detrimental effect upon the stability of the neighborhood with in which it will be located. As you heard from our experts, under all quantifiable criteria of your code, there will not be a significantly detrimental effect on the neighborhood. Okay. Under every test.

All right. Thank you very much. To the city. Mayor, before Miss Gotus begins, um I just want to put in the record a copy of the staff report. I'll give it to the clerk. Miss, you've seen the staff report, correct, Mr. Scott? It's the same materials. Correct. So, it was inadvertently omitted. Mr. Scott, have you seen this report? This is the same one that was before the planning and voting board. Can you send it to every to be clear, it adds the warrant analysis that you submitted as well.

And I just want to I just want to disagree with one thing that Mr. um Scott indicated. This is a conditional use. So, it's not a permitted use. It's it's discretionary within the commission to determine if it's going to be allowed. In addition to that, you are permitted to add condition uh you know to mitigate the impacts of the use, which is why that's it second additional consideration. And so I just wanted to say that I do disagree with that. We are getting you a copy of this. Thank you to the city.

Okay. Um so I will give a quick analysis hopefully and um then we'll open it to public comment. So the request before you is a level four site plan for the specific design of the proposed use and then a conditional use to um allow the car wash in this location because it is not a permitted use by right. Um, so, uh, this is the location. I think that, um, you have a a good overview of that. It's at 14145 South Military Trail. The land use is general commercial as is the zoning. It h is surrounded by um, automotive commercial to the north. This is a tire kingdom. Um, and then lowdensity residential to the south. Um, and then RL to the east and the west is currently agricultural residential. It's in the unincorporated Palm Beach County. However, it is in the city's annexation area, which is the agreed upon area to eventually um be brought into the city over time. So, they're future voters, even if they're not voters now. Um so, Sierra Vista is in um and the subject property is a wooded area right now um on um Military Trail. And so, you're going to you may hear people from High Point. There's a Cube Smart. This was intended to be storage at one point and it's there's been different proposals but you know nothing has come to fruition until the car wash. So uh this is the location. Here's the tire kingdom. Here's military. It's um most of the property is on Conklin Drive. This is um was presented the way that circulation will work. So this is what's there is now there now. Um the car wash um so is the military is on this side. Um and then the access would be here. This is the wall. This is actually not a house. The house is set back further. So

to be fair, I don't think that the rendering is exactly accurate. The house is further away. It doesn't directly adjoin. The south property is residential and it does adjoin. So a conditional use is not permitted by right because it is not appropriate in every context. um you have to make two findings as Mr. Scott went over that it is not uh detrimental and it's not going to hinder redevelopment. Uh the other thing I want to put on the record um subject to section 2.4.6b is conditional use approvals can be revoked. So if it turns out that the noise analysis is not consistent with the reality in practice and the noise levels are higher um this could be brought back forward to the city commission for reconsideration on whether or not the use is appropriate there or not. Um so by definition a conditional use is a use that would not be appropriate generally or without restriction throughout the zoning classification. However, if it's controlled through location, design, etc., um it can ensure um you know that it's appropriate. So, again, not a detrimental effect upon the stability of the neighborhood or hinder redevelopment or development um because you're this is overruling the planning and zoning board also approving the site plan. So just um quickly all of the um the conditions um all of the uh design conditions etc are um considered including concurrency. The biggest issue I think that everyone will agree on is traffic. Um the traffic performance standard letter from the county um basically indicates that military trail does not require additional improvements. Um a signal um warrant was done at the time. It seemed to indicate that there was an existing traffic volume about of about 176 vehicles on

Conklin Drive daily. My understanding is that the the car wash will add another 166 which means that effectively traffic along the entry to Conklin will um pretty much double. Um there are multiple comprehensive plan policies about having a complimentary mix of uses um using design characters characteristics and patterns um that make sure the the intensity etc is um managed. Um the western uh neighborhoods to protect and enhance the residential neighborhoods located west of 95. uh we have economic policies um to promote uh job creation and business ownership opportunities. Um so when we look at the circulation for the car wash um the actual um motori you know that you drive through the tunnel you've had a good overview of that um all of these spaces have vacuums as well so I think just in terms of the setback of the building is one thing but there's activity that is anticipated within the parking lot itself if you go to one of these you know um and um There are I think 19 of them. This is the circulation pattern. Um and this is uh I believe from Mr. Kerr's um analysis explaining the total number of vehicles, you know, viewed and anticipated. The noise is probably one of the biggest issues that is concerning with this type of use. The constant hum and drum of um what a car wash could could do to surrounding residential. So the applicant did provide um two noise um studies um both of which were under the

current reg um limit of 60. Um they did take out three blowers between planning board and now and I believe it m it did a very small like a do one decibel. If I have it wrong, I'm sure the applicant will correct me on redirect. But, um, so, uh, I think that the the other thing I'd like to put on the record, as you know, we're in the middle of doing a noise ordinance. Um, the noise the the proposed noise ordinance, which has gone to first reading, the levels that are in front of you would still comply. Um however um they are they are lower and it does establish the nighttime and the active hours and your noise level is not a grandfathered level. So they need to be prepared to meet whatever the standards are as they go. Right now the analysis appears that it will um you know there's no sound coming over onto these people's property. So, I don't understand that completely because there's a 6ft wall here and the sound goes over. So, that might be something we could ask for further clarification on by the applicant. Um, in terms of light intrusion, um, these are parking lots and there's a balance between security and um, you know, glare. Uh, I do think it's important to note that if you were looking at the position of the wall and the position of the landscaping, the wall is not on the property line. they set it into their property to put some of the landscaping on the outside of it as well um in an effort to try to you know pull pull some of that into the site. Um again it appears based on the analysis that by the time and this is where the residential house or us is directly abut um their phototric shows

that it is at zero at that point. Um so let's see. Um there the the property is fairly wooded right now. Obviously when you develop um as much as we don't like to remove trees in the city trees do get removed. They have um a landscape plan that you will also be approving tonight that mitigates that issue um you know in compliance with the code. Um so again this is a 4ft wall. These are eight. This is six. Um, if you are inclined to approve it, um, I would just request that we have, uh, a condition that administratively we can sort of have a final resolution on this design. I mean, it's 6 feet to hear. You know, during off hours, there may be some sort of security. The applicant has discussed security with staff multiple times just in terms of of how to do that. So just if you're inclined to improve it, I would just appreciate a condition that we work to finalize the detail on this. Um and they've been amenable to security. So I I would hope that that's not an issue. Um you're also preving the architectural elevations and aesthetics. I don't think that um I think the planning board even commented that there was not a concern with the actual design of the car wash um in their deliberations. Um but ultimately um this is part of what you are evaluating as well for harmony and aesthetics. Um this is what it looks like but again facing east there's actually a pretty significant landscape BM um along military. So I mean ultimately the considerations are like whether it's compatible with the surrounding uses as dictated by the comprehensive plan. Um and are any potential adverse impacts ameliorated with the design and the landscaping? Um and then ultimately are the soundproofing measures sufficient to mitigate potential noise impacts to

maintain the level below 60? The current operating hours are consistent with the proposed active and quiet hours in the new draft. However, they're right at that threshold. So, you know, if they, you know, when it is measured, they need to make sure that as they're operating, they maintain compliance. whether the six foot masonry wall in front of the building which is intended to mailerate sound and light creates a safety issue that we can probably resolve administratively if you're so inclined to improve it ultimately is doubling the trips on Conklin drive which is a you know a deadend local street um and appropriate for vehicularly oriented use in this location and then I would consider whether or not the use by its nature affects the stability of the surrounding area which is the findings. Um and then planning board devote to deny this is denovo so you can start fresh. Okay.

Great. City's finished. Right. This now this uh is now open for the public. Any members of the public wishing to speak on this item? I'm assuming everybody if you have not been sworn everyone has been sworn. Thank you very much. You will each have three minutes. You got your name and zip code for the no name and address for the record. Good evening, commissioners. I am Lori Vincor, 10626 Lena Road, Delray Beach, Florida 33446. I am president of the Alliance of Delray Residential Associations. You are in receipt of the alliance's letter supporting the planning and zoning board's recommendation for denial of this application. A few things with our standards analysis and findings which which we use which are some of the gold standards used in these quasi judicial meetings. First of all, compatibility with surrounding uses. Of course, it's not compatible with the surrounding use. It is completely incompatible with the adjacent residential communities and the agricultural enclave on the street. It is not a transitional use at all like a professional office would be or a public storage would be which would provide much less intensity and less traffic impact. It is not a transitional use. Second second um the other thing is design does not minimize adverse impact. Of course this does the design coming in on that street. The entrance placed off of a a residential street. It's not conducive to a car wash or a fast food restaurant or anything like that. More like something that is a has a lower traffic volume to comment on the the uh warrant the warranted uh traffic signal at that area that the county has now stated that

it isn't warranted at this time. Though the county uses many different types of uh of criteria for signalization and one of them is the they look at the m amount of fatalities and crashes at a site. There are lots of different criteria they use just at this point it doesn't warrant it but you'll hear from of course residents probably with the amount of traffic and accident that have been there. Third the the other thing is design. One of one of the other criteria that we use in I happen to be on the zoning commission of Palm Beach County. So one of the one of the things we use is design invite has environmental impact and this seriously has environmental impact. We have to understand and I wrote in the letter here that um that we have tropical breezes. Sound carries on breezes and the faster it is, the faster the sign sound carries the it it is it will it will carry and all year round we have breezes and they are mostly in the time of winter and early spring. So even the turnpike walls you see you can't make a wall tall enough to protect these residents. You you you simply can't not from from this type of sound. Even the the turnpikes, you can see how high the walls are, how massive they are, and still people hear the sound. And it's not the people that are even adjacent to the turnpike. The sound goes over the homes and goes and travels. Please do not pass this resolution. Please deny this application.

Thank you very much. Thank you, Mayor. Can you remind everyone that they are subject to crossexamination? Good evening, everybody. What you remind everyone? I just wanted you to remind anybody who's going to speak now that they are subject to cross-examination. I know Mr. Scott, I don't know how you want to do it, but yes, you're anyone testifying is it's subject to a cross-examination. So, just as long as everyone knows that the the applicant will be able to question you all on on whatever conclusions you I have these to hand out to.

Thank you. Continue. Name and address for the record, sir. Uh, my name is Hank Vogle. Um, I live at 1597 Conklin Drive. And I need to have you take a look at this real quick quick. There's a picture in there. Two pictures. Wait, is one of these for each of us? Yes. Okay. And one for our clerk. There's nine there. That was said to bring nine. Thank you.

Um, you uh uh I live at 597 Conklin Drive. Um, in the in there you'll see a picture of my house and the entrance to the car wash where it relates to my house. When I bought that house, my wife and I bought that house 25 years ago. It was not zoned commercial with conditions. This is a quasi judicial appeal. And the question before you is not whether the applicant has now tried to improve the project, but whether the planning and zoning board had competent substantial evidence to deny the application based on what was before them. The agenda itself confirms the board denied the application due to traffic impact, noise, and incompatibility with surrounding residential uses. The applicant submission of new traffic and noise studies after denial actually confirms the board's concerns were valid. Even with these changes, the agenda admits traffic on Conklin Drive will effectively double and that the noise reduction is ne negligible. Most importantly, none of these new materials address the unresolved groundwater and private well risk that remain completely unstudied. I rely on wellwater for everything, cooking, washing, bathing, and a scotching water every now and then. So, I I'm sure he's using eco-friendly chemicals, but what I'm worried about is what is washing off the cars, the oil, gas, heavy metals, etc. My well is 40 yards away. Um, the engineering plans show the xfiltration trench bottom at a 12 1/2 ft while the water table is 14 1/2 ft. This places the trench 2 ft below the water table. No soil borings or seasonal high water table verifications were provided and no groundwater contamination

assessment was submitted. As far as noise, he is at the threshold for noise. His hours are from 7 in the morning till 9:00 at night. 14 hours a day, seven days a week. We get to listen to car wash and vacuums. Was it 19 vacuums seven days a week, 14 hours a day? As far as traffic, he says 166 cars. That is very low for a car wash. Very low. He needs 300. Even at the last planning and zoning meeting, he was asked if he can make money on 166 cars. He was and uh his answer was only if I'm the most expensive car wash around. He wants to double it. I guarantee you once he gets in there, he's going to push for 300 cars to make money. He's putting in $2 million. He's not going to make it on 166 cars. Um, so let me see. So, if the applicant claims changes to lighting or vacuums, those changes do not address a central deficiency, groundwater contamination, risk to private wells, and an unsupported drainage design. And if this is an appeal, those changes are outside the record and should not be considered. Sir, I need you to wrap this up. Everybody has to get at the same time. It's crazy judicial.

For these reasons, I request the city commission. Thank you very much. And that we are not against developing that land. Just make it compatible with our neighborhood. Thank you very much, sir.

Good evening. My name is Mike Caruso. Believe it or not, I parking space for you over the case. Okay. I'm trying to I'm just trying to figure out how to stop this thing and start it real quick. You want to give me a hand here, somebody? How do I How do I pause this? You can bring the arrow down and pause it right there. Yeah. And then pull the blue line back and then push the start when you're ready. Oh, okay. All right. So, I just wanted to point out

what the situation is here on Military Trail outside of what the experts say um uh is is the traffic pattern. So, I've lived on this street for over 25 years and every day it's it's it's a crapshoot if we're going to get out of that intersection in one piece. So, if you look at the gray pickup truck on the left hand side heading north right there, that truck that truck is trying to make either a U-turn or a left turn onto Conklin. Most likely he's trying to make a U-turn because he's leaving the boys market and it's an endless endless amount of cars hour after hour, minute after minute. And the problem is is that that guy can't make that U-turn because the traffic that's coming southbound on Military Trail is endless. The problem is is that when the southbound traffic on military is trying to make a U-turn to go north, now you've got these two cars facing head-to-head and they can't the guy in the in the gray pickup truck can't see what's coming because the car that's trying to make a U-turn to go north on Military Trail is blocking his field of view. Now, you're going to have car after car exiting Conklin Drive out of the car wash. If that guy wants to go north, he's got to wait for all that northbound traffic and all those U-turn people to clear the way.

Conklin cross. That's it. That's Conklin where that blue car is waiting to make that right turn. That's a piece of land that's in question. Correct. Yeah, that's it. Sir, sir, let him.

So, at the end of the day, adding another 150 or 200 cars a day to exit Conklin Drive, which by the way, the exit for the Tire Kingdom is going to be completely headon. So, everybody trying to get in and out of Tire Kingdom and everybody trying to get out of the car wash, they're going to be sitting there forever because it just nonstop. There's no traffic light there. There's no rhyme, no reason to. Just look at all these cars making U-turns and left turns right there. And this is all as a result of the traffic that comes out of the boys. Every single car that leaves the boys that wants to go back south has to do this every single day. Every five minutes there's another car making a U-turn or a left turn, right? One after another. And something that has affected me personally living here is one of my best friends was killed on that corner by a semi that came out of the trucking depot. He overshot the entrance tried to make a U-turn to get back into the trucking depot. And when his tractor was facing north, the trailer was facing east to west. My buddy was on a motorcycle. He jammed on his brakes, slid head first into the landing gear, died on the scene, and the tractor kept on going. It dragged his body 150 yards. He was unrecognizable from the waist down.

Need to wrap up, sir. So, this is a very dangerous intersection, and adding another 200 cars a day to that corner is going to be a nightmare. Thank you very much. Thank you for your time. Thank you. Um, excuse me. Could I just ask you to pass these out to the commissioners? And there's nine copies there. Thank you. Okay, please.

Thank you. Uh, good evening, uh, Mayor Carney and Delray Beach commissioners. My name is Dr. Marcy Weiss. I'm the president of Sierra Vista uh Homeowners Association and I uh submitted um I submitted emails to you from the previous hearing with the uh planning and zoning board so that you could see uh the the concerns of our residents and and the communities around us. I'm speaking on behalf of the residents and regarding this the proposal for the car wash. I've I what you see on the first part uh is long so I've shortened it. Uh are you here representing the association?

Yes. Then you're actually afforded six minutes. Okay. Thank you, sir. Okay. Thank you.

Uh uh our concern is public safety. This project would introduce additional high volume traffic into the area that's already a dangerous and increasingly congested. as we just saw a moment ago. I was it was very uh shocking to see that. It's even worse than we thought. I've uh provided the commission with resident concerns regarding traffic along with photographs of recent crashes in this immediate area. These are not theoretical concerns. They reflect real and ongoing safety risks. The planning and zoning board carefully reviewed this proposal and determined that a car wash is not recommended for this site. That decision considered traffic impact compatibility and community safety safety, excuse me, as well as what we're discussing is noise and lighting. The traffic conditions along Military Trail and Conklin Road have worsened significantly due to the rapid population growth. residents, pedestrians, and cyclists are navigating an already hazardous corridor. We did meet with the applicant and his attorney, uh, Mr. Scott, and other professionals on, uh, a Zoom meeting to explore ways to address community concerns and perhaps mitigate some of our concerns. However, traffic impacts could not be resolved and no solution was identified that would reduce the existing safety risks. Since April 4th, 2025, there have been multiple serious crashes in this immediate area, including the April 4th, 2025 accident where a 53year-old uh man lost his life. Additional major crashes occurred on December 5th and

again on January 8th and January 27th of this year. Uh I uh provided you with photographs of that so you could see the impact and how dangerous these incidents demonstrate a clear and continuing pattern of danger at this intersection. While my research focuses on the recent period, accident history in this area extends well beyond these dates. Traffic studies provide projections, but they cannot fully capture real world driving behavior. Congestion sta uh congestion stacking or dangerous turning patterns that residents witness daily. Adding another high turnover traffic generator at this location would likely intensify an already unsafe situation as has been presented. Residents are not opposed to development. We support development that is compatible with the area and priorities and public safety. For these reasons, we respectfully request that the commission uphold the planning and zoning board's recommendation and deny this application. We feel that good planning does not just prepare for growth, it protects the people who already call this community our home. Thank you for your time and consideration. Uh my as I said the full uh report from the uh planning and zoning listing all of our concerns um is in your packet along with pictures in the back. Thank you for your time and consideration.

Thank you very much Dr. WEISS.

Hi my name is Erin Sullivan 33484. Um I just want to say thank you for listening to all of us. I don't know how you do this all the time. It's a very long meeting. Neither do we, by the way.

Um, so basically, I'm not going to repeat what everybody else said. You know that this is not a good fit for this corner. Um, doubling the traffic. I was just out a week ago and I have submitted this um via email. This is what happened. One week ago on Tuesday, there was a major crash. I was just walking to the post office um to send some things um for my work, for my job, excuse me. And um it was terrible. The the traffic was backed up for an hour each way. Obviously, the side coming toward the southbound side was completely shut down. The northbound side was backed up for over an hour. Um needless to say, when I was trying to cross back over, um I could like I I had to wait like a half hour just to cross there, you I I was trying to take my time. Um, so traffic, environmental impact, as you may know, increase in garbage. I recently noticed there's like a lot of garbage in that area. It's an uptick. There will also be overflow from, I believe, this project as well. Um, the trees, not saving any of the trees, the habitation, um, noise and light pollution. So, I don't know what where they um created that diagram of how the noise does not come into the Sierra Vista side uh for a six-foot wall. I believe that that's incorrect. I believe that that's false and they're creating a false narrative. Um I found a similar study and I submitted it and basically it was like almost the exact structure of the proposed project and it was much much higher in decibb. Um, also I know that there's a new no noise ordinance that is going to be or hopefully will be passed. Um, the prohibited activities to include loosely stated the sound of any horn or motor vehicle for any unnecessary period

of time, operating any loud vehicle without a muffler or any loud vehicle needing repair to create a noise disturbance. This project would attract all of the above, including loud music, etc. So right alone like right there is you know noise in itself. Um or simply to sum up the ordinance section 99.04 letter K a noise disturbance. Um you know I'm sure that you all care about the city. I just recently moved here a year ago and I feel that what makes it so special is the community. Um and it's everything about it and I just don't want to see you know it become a more dangerous place. And um oh just to mention also it could impede on um the current um established businesses that are there such as the boys. There's an orchid orchid market. Um so it could you know impede on those businesses as well. Thank you for your time.

Thank you very much.

Hello. I'm Robert Berkeland 33484 and member of High Point 2. You need your full address. You need your full address, sir, because this is a quazo judicial. Oh. 14396 Canal View Drive, Delray Beach, Florida, 33484. Thank you.

Okay. The I'm not going to take a long time since it's already my bedtime. Um I live in a community. They showed High Point on one of those slides, but that's that side is totally closed off and doesn't go on to military. I'm on the other side of the street, which is on the same side of Sierra, uh same side as Conklin, and we have n we have about 900 homes, and they're all occupied by people supposedly 55 and older, probably more like 65 and older. Now, fortunately, I've been driving 60 years. Knock on wood, I haven't had one accident, but I've started to take diverted routes because the traffic on military is ridiculous. I come out lakefront into the boys and the post office. Now, under any circumstance, the amount of traffic that comes for the boys is ridiculous. Then you add the post office on which is kind of a little snake turnaround. I come out and I go, "Well, I can't go straight across the street to my place because there's too many cars coming." So I hang a right. And I'm one of those guys that go up the Complane and I do the U-turn. It's safer, but it's still really not very safe because the speed limit's 45 miles an hour. There's only two I think somebody mentioned three. There's only two turnarounds above uh the post office. Conklin being one and then the other one into the back end of our high point 3. So everybody's got to do that turn there and then they got to come. People are charging off of Lake Ida coming down that road wanting to get through the traffic. I don't know if you've all been down that way, but it is it is really a nightmare. And you know this will be a negative I suppose to some people. I'm originally from New

York. I know how to dodge traffic. I know how to get around traffic. But at the same time, it's even got me a little worried. And the thought of that getting worse is unbelievable. And somebody mentioned at the last meeting that the city or state is in control of the intersection like at the boys, you know, and I assume also for Conklin and they can't do anything about that. So that means we're kind of trapped and we don't have any I think. So I'm going to wrap it up and because it's been a long night, I'm also hungry. Thank you very much, SIR.

OKAY. Good evening. Good evening, Mayor Carney, commission panel, the remaining attendees.

Name and address for the record, sir. Uh, I'm sorry. My name is David Demo. I live at 568 North Los Sedona Circle in Sierra Vista. And um, I'd like to just address well there's really not much left to say other than what's already been said as far as the traffic the potential traffic nightmare that we could be facing. Um, I do have uh one thing I'd like to uh show in support of all these comments and concerns. I do have a short video clip of the other one, the next one of the recent uh traffic uh traffic accident that happened uh a week ago, 10 days ago. Uh Dr. uh Marcy Weiss submitted uh photos, I believe, but I thought maybe a short video. It's only about 10 seconds long be demonstrative of uh of what we're looking at here on almost on a regular basis these days. There's the parcel in question is right in on in back there. This was a twocar crash and this was just one of multiple car crashes over the past four months that happened along that car.

That's the driving

intersection we were looking at. I got reprimanded for videotaping the uh the accident. But, um, that's really all I I wanted to say as far as the the traffic concerns. And then I have another short video. Um, I wanted to mention or just thought the nice artist's rendering, the architectural presentation of this car wash. Just thought I'd try to bring it to life a little bit. This is a carbon copy of this car wash that's being proposed. And this is what we will be looking at. This uh car wash also has uh 20 vacuum stations. Now, this was taken on uh like a Tuesday afternoon about 2:30. So, not exactly peak uh peak time. I wonder what it's going to look like what it looks like here on the weekends.

Need you to wrap it up, sir. I just wanted to mention that uh within a 3m radius of this of this property, there are seven car washes. Uh three of them are more or less state-of-the-art. That's the newest one that's right up on Atlantic Avenue and Lions Road. Uh there are a couple of others off of Congress. And I need to cut you off judiciary. We got to give everyone the same time. Okay. Um, thank you, sir. And I just wanted to respectfully request that this application be denied. Thank you, sir. Thank you.

Hello everyone. My name is Lynn Holtzman. I live at 5024 North Lasedona Circle in Delry Beach. I am against having a car wash built at this location for the following many reasons. to start the proposed car wash will absolutely have a significantly detrimental effect on the stability of the neighborhood. This type of commercial use is incompatible with the residential neighborhood. This particular type of commercial development will absolutely alter the traffic conditions causing more volume. Automobiles are the car washes business. The more cars the better and that leads to more traffic and more congestion. It is a goal of this business to constantly move cars in and out of their building and therefore they pour onto and out of Conklin Drive. Picture the congestion on Military and Conklin. There is no other exit or entrance to andor from the car wash. They will have to cross Military Trail north and south and interfere with the general traffic and add to it the cars that have no choice but to make a U-turn at that same corner. This isn't the usual type of commercial traffic activity that applies to just any type of commercial development. This type of commercial enterprise belongs in an established commercial area, not in a residential front yard. Our residents would be exposed to the chemicals in the air. If the chemicals are strong enough to clean a car, they are unhealthy to inhale on a regular basis. Studies have proven that regular exposure, including the consistent drift of commercial car wash car wash chemicals, can cause eye and throat irritation, respiratory issues, and chronic diseases such as COPD. Not to mention that the act constant noise from industrial vacuum stations, and constant activity can cause stress and sleep disturbance. This type of commercial use is completely incompatible with the residential neighborhood. We are entitled to a quiet, healthy, and peaceful life.

According to planning and zoning, my home is one of several homes that are 41 ft from the proposed development. That's what I was told. That's a picture I was sent. 41 ft distance. There is no type of landscaping or wall of any height that will contain noise, lighting, or hazardous chemicals from going into the air. Residents are sleeping at 7:00 a.m. and at times before 900 p.m. and the above factors would be very disturbing to the peace and quiet of our residential neighborhood. Please consider every one of you here today would not want to have a car wash 41 ft from your front door, not to mention affecting your home value. Consider trying to sell your house with the car wash in front of it. In closing, I want to state I am not against development of the parcel of land. I am against the development of a car wash. There has to be something more appropriate like an office building, medical building, storage facility, or something that will not generate additional traffic problems and chemical health concerns. I implore the board to take these arguments into consideration and reject the appeal from the developer. On behalf of our 60 residents, I thank you for your consideration. Thank you very very much. Thank you. Hello. Uh, my name is Lauren Richards. I'm at 5028 North Las Sedona. I'm um her neighbor. And um I just wanted to say, you know, again, this is also very, very close to my residence as well. Um, these are not occasional inconveniences that are going to be caused from the car wash, but daily unavoidable conditions that will affect sleep, privacy, the use of my outdoor yard, and my overall well-being. I don't care about the walls, the landscaping, or hours of operations that can't fully mitigate the

mechanical noise at that short of a distance. Not to mention the headlights, brake lights, car horns, anything else that you put into that mix. And from a real estate perspective, this close proximity to high- noise commercial use is a known factor that reduces buyer demand and property value. This is a recognized form of external obsolence. It reduces buyer demand. It increases time on market and it often requires uh different price concessions. And these aren't speculative points. These are how appraisers and buyers actually evaluate a residential property. From a planning standpoint, this type of adjacency to a residence is exactly why zoning buffers and setbacks exist to protect the residential quality of life. And approving this car wash really undermines the intent of that code and shifts the burden entirely on to me, the homeowner. Regardless if this is zoned conditional use commercial, this is an intensive commercial use involving mechanical equipment, multiple vacuums, idling cars, vehicle turnover, and these are fundamentally incompatible with residential living at such a close proximity. This is not a matter of personal preference. This is a land use compatibility issue. And these impacts are continuous. They're unavoidable and they're permanent. and they fall disproportionately on all the nearby residences and specifically my home at just 41 feet away. So, the planning and zoning board's original decision reflected major legitimate concerns raised by residents and neighbors, and I believe they should be upheld. So with all of my neighbors, I respectfully ask you, the city commission, to please deny this application for the safety, traffic, and quality of life of Sierra Vista and surrounding residences. Thank you.

Thank you very much. Good evening, ladies and gentlemen. I don't want to keep your time much longer, but I just want to concur what everybody said before. I'm the one who lives closest just behind the car. You need to give your name and address for the record. Jacqueline Wartman 5098. I got R9 just 10 ft away approximately. Thank you.

My windows are so I would suffer a tremendous change of life. No outdoors, no with sleep deprivation and all that because I leave so immediately behind it. And I just want to concur that that little quiet street would change dramatically. Dead end street. Thank you very much. Thank you very much.

Mitch Cat, 1618 West Classical Boulevard, Delray Beach. Um, first of all, I'm a member of the planning and zoning board that denied this. I'm here speaking on my own behalf. Um, I live one mile from this property and when it came to me on when I saw it on the agenda, I was excited because I actually would like to have a car wash of this caliber nearby me and it makes a lot of sense and and I was like, wow. And I even met with the applicant and I'm like, you know what, it kind of makes sense. And then when we came to the meeting, I started to really examine, especially after listen to the residents, the safety concerns and um and realize and I didn't really kind of put it together at the beginning was that U-turn because everybody goes to the boy. I mean, the boys gets what a gazillion people a day and half of them are going north, half are going south. Everyone that's going south has to make a U-turn there. And I passed almost every day that intersection. And I never really paid attention to it cuz I'm usually going straight. I'm one of those cars whizzing by and I and now I start to look and you saw it in that video he presented and that was actually probably not as bad as it normally is. I actually um since the meeting um member of the Elks lodge and we got a grant for the there's a veterans group that meet at the the horse farm that's right there behind it and we got them a grant and we had a meeting there but I was coming from the north to the meeting and I had to make a left off to Conklin because that's where it is and there were eight cars in front of me to make that left on the Conkland. It took me like 10 extra minutes just to make a left off a military trail to go to the meeting. Um because every single car in front of me, not one was making a left on the Conkland. Everybody was making the U-turn. So, I did one of the thing I brought up, one of the things I brought up at the meeting was maybe a light would help things. And they did a warrant study and showed that a light won't help. So, there is no fix to the safety problem. That's what I thought was maybe a light would could come in. Well, they did a warrant study. In the warrant study, the county and and the cities have to look at facts. Well, the facts of a warrant study, they're only

allowed to look at the ingress, ingress, and conklin. They're not allowed to look at that. But common sense, you as a commissioner for looking at safety, you're allowed to look at that U-turn. But whether or not you could put a light there, you can't do that. So to me, they're they're I'm glad they did the warrant study because the warrant study justifies the decision I made earlier even stronger to deny the application because it shows there's not even a safety fix available to say, "Hey, what if we put a light there to fix the problem?" You're not allowed to put a light there. You can't even consider that to fix the problem because the warranty doesn't allow the light according to the study that I read read online. Again, I would love to have a car wash like this with within a mile from my house. Um, you know, try to get teenage kids to wash your car is not happening. Um, but there's so even on the vid the picture they show the site plan. There's all that commercial just south uh just north. There's so many areas there that would have make more sense, but not next to this neighborhood. I can't imagine those people that have to make that I made that left. The people that live in that HOA making that U-turn every day. That would drive me bananas.

Thank you very much.

Good evening, mayor and commissioners. My name is Leia Kaluso. I live in 33484. Um I'm also a registered nurse who works directly in public health and safety in Delray Beach and Palm Beach County. Um, as a healthcare professional, I'm trained to identify health risks before they become a problem. And I want to focus tonight on wastewater, storm water, and the safety of our private wells. And specifically on the assumptions this project is relying on. The concern for residents is not whether these systems exist. It's that they rely on perfect operation, perfect maintenance, and no failures. As it was assumed by the to be stated by the city engineer, the drainage system meets or exceeds standards, but those standards assume ideal use conditions. Public health planning does not assume perfection. It plans for failure. During the prior meeting, the applicant explained that waste water from the car wash flows through concrete trenches into underground tanks, then into oil water separator and ultimately ties into the sanitary sewer. Storm water runoff, they stated, is handled separately through xfiltration and on-site retention systems. The applicant also stated that these wash b the wash bay is a self-contained building and trans separate from sanitary or storm sewer and that storm water is simply runoff from the hard surface. The separation may exist on paper, but over time systems degrade, overflow, and fail. Separation does not eliminate risk when water is intentionally discharged into the ground. We were told that tanks are serviced regularly through a pump in a tank company. Servicing after the fact is not a fail safe system. Monitoring it is. Car wash operations involve chronic exposure to petroleum residues, surfactants, and metals. Federal EPA guidance recognizes that long-term low-level exposure to these contaminants is associated with increased cancer risk, endocrine disruption, and de developmental harm, especially for children. Homes on Conkland Drive rely on private wellwater. When groundwater is impacted, exposure occurs daily. Their drinking water, cooking, bathing, often after a often for years before health effects are detected. By then, remediation is difficult and sometimes

impossible. In addition, unresolved ris risks to wellwater, increased traffic, as we've discussed, and continuous industrial activity directly affects the use, enjoyment, and marketability of our nearby homes, particularly those reliant on private wells. What is missing here is a fail safe system. There is no independent groundwater study, no baseline well testing, no ongoing monitoring, no clear responsibility if the system fails and does not perform as designed. I respectfully remind the commission that conditional use approval is discretionary. Meeting technical requirements does not mandate approval. Conditional use exists to allow projects that fit a neighborhood and to deny those that pose real world risk to public health and safety. Thank you for your time.

Thank you very much. Is there any other members of the public wish I do cross examination now or? Yeah. Yeah. I'm just kind I need to make sure the public comment is finished. Yeah, we're still going. Huh? Still going. Oh, it's still going. We we we will get you're on the list. We'll get to you. So, I just call people back up. You'll be able to cross-examine people. Correct.

Good evening, mayor, commissioners. My name is Eric Kagno. Uh I live at 5166 Conlin Drive right there. I'm going to get through this as best as I could. Bear with me. I'm not a a polished public speaker, but I'm going to try and uh make my points as best as I can. Um, I serve the community as a firefighter and paramedic captain. Um, and my work focuses every day on public safety and emergency response. Tonight, I want to speak to you about traffic impacts, operational reality, and emergency access, and why those issues play a role in making this decision. The applicants traffic materials focus on average daily trips and peak hour counts. They acknowledge that the traffic would nearly double from 176 as it is now upwards to 330 and above. Um that's pretty significant on a dead end and mostly residential street with one way in, one way out, two lanes only. It uh critically changes how that intersection operates. What the traffic study does not evaluate is the real world behavior of the car wash. It's not uh um people aren't aren't planning this. They're not timing it to all go at um certain scheduled times. Um it's cars back up and they do have a a generous aotment on the property, but what about when the cars go out onto the street? What about when cars are waiting to turn into the car wash? What about when cars are waiting to turn out onto military trail? It's going to create a gridlock right there on Conklin and Military where nobody's going to be able to pass by. Um, more importantly, uh, also what happens is that these are mechanical systems that are in place. The you drive up, you pay, or it scans your car, you go through. What about when there's a delay? What about when something's not working properly? All these are ideally use situations and things are flowing

perfectly, but things aren't always perfect and things do back up. Um, as my job as a firefighter, the emergency ask us is not theoretical. Um, I'm always thinking about how are we getting in, how are we getting out, what's the safest means of e eress and ingress. Um, when this traffic is going to happen, it's backed up onto the road. It's backed up into the neighborhood. How are we going to get down the street when there's an emergency? Where are the cars going to pull off to people's front yard into the swale? It just creates a bigger headache. Additionally, the conditional use approval exists because not every use is permitted and is conditional upon your discretion. So, I'm asking you to take that into consideration tonight uh not to approve this. Thank you.

Thank you very much.

Excuse me. Thank you. Thank you. Thank you. I'll be referencing that from the start. Good evening, Jeff. Over. Just let me pass out. Can I give my name? Oh, wait. Sure. Your name and address for the record, please, sir. I'll wait till it's all passed out like she asked.

There's one from Mr. Mark. All right. Here's another one. Should we leave one for Mr. Martin?

Good evening. Jeff Over Street, 5132 Conklin Drive. Thank you for hearing us. There's a lot to go through, so I apologize for cliffnoting a lot of this. Page one that I've given you is the LDRs, and you'll see that this does not meet 11 individual items of those LDRs. On page two, it highlights other concerns, especially as relates to deficiencies in the developer documentation. Their needs study in particular is deficient. Uh as there are two car washes that are competing by definition of their needs study on page 20 of their needs study. Five out of seven planning and zoning members voted down this proposal for good reason. That's not nimiism. It's about meeting the regulations. It's about life and safety. Too often we think of traffic issues as being an inconvenience. The reality though is that they cause considerable monetary losses and devastating personal losses, injuries, permanent and otherwise, and of course much worse. Something all too many of us are acutely aware of. The exacerbation of traffic problems through an already burned intersection is a primary concern as it should be. I mentioned uh recent accidents there on pages 34 and a side note on page five. Page four shows two collisions, one of which blocked Conklin Drive for at least 20 minutes. As Eric, the firefighter neighbor, mentioned, that would be tragic if somebody needed to have an emergency response to Conklin Drive, as does happen. The analysis shows 166 eastbound traps on Conklin Drive. One thing that drives me bonkers is we keep saying they're talking about doing 166

cars. No, 166 trips is 83 cars. This car wash tunnel has the capacity to do that in 1 hour and 23 minutes. Their stated goal is actually to do see 150 to 200 cars in a day. That would be an additional 300 to 400 trips onto a small residential road and through an already overburdened intersection. Collisions are already happening with alarming frequency. Again, I definitely reference page three, four, and five. But one thing that I will mention is the bicyclist that was hit by a car trying to get across to make a U-turn from the southbound travel lanes. He ended up injured crawling out of the roadway. That southbound U-turn, as someone else mentioned, should not exist. It is blocking the visibility for people headed north trying to make a U-turn or a lefthand turn. and also adding additional crowding to that intersection. Please vote no. This project does not comply with the LDRs. It does not protect or enhance the surrounding neighborhoods. It exist It exacerbates existing traffic problems. Thank you.

Thank you very much.

Good evening. My name is Thomas Gary, 5185 Conkland Drive. I've lived on the street for about seven years. Uh, I do work an office job and I have the I have the the privilege to come back and try to make that U-turn that everyone has been saying during the hours of 3 and 5:00 p.m. during the absolute peak. And uh, it's haunting to hear everyone's story being the same as my own experience. Um, the northbound turning lane, the lefth hand turning lane to turn into Conkland Drive can queue up about six cars if everybody can actually space themselves correctly. And I thought I was very clever cuz I found a way around it. You just jump past them, go to the next U-turn, make a U-turn, and then make a right-hand turn. Um the problem being is during the peak hours as of the current traffic patterns now there's more cars queuing up into that lefth hand turn lane and it's it's spilling back into the three lanes on uh on military going north. It's blocking the lefth hand turn lane and in some cases because people want to get over it's blocking two lanes. So, I'm trying to get uh you can try to get over and bypass this turn to make the next U-turn, but now you're going 45 miles per hour northbound into a dead stopped left lane because everybody's queuing up to get into that lefthand turn lane. Uh it's it's dangerous. I've been in the uh the gridlock that Evan mentioned in Ty Kingdom where people are trying to get out of Tire Kingdom and turn onto uh Atlantic. I'm trying to turn into Conklin, but you're stuck out in uh out in military completely exposed as traffic's barreling down on you. You can't move. So, pulling up into the grass and around the people is the only way to go. This is just the current traffic patterns. If we're talking about adding, you know, 47 extra cars during the peak hours, uh the traffic pattern currently can't clear itself. Again, it's if there's no safety solution now, adding something that's going to add a lot more cars is just going to make the situation worse. My

concern is solely about public safety, my own safety, my family safety. So, I I urge everyone to just deny this and uh again, hope for hope for a business that's more compatible to our neighborhood. That's all. Thank you. Thank you very much. Are there any other members of the public wishing to address the commission on this file? Seeing none, public comment is closed. Now, this is we we're going to be having cross-exam. How how

So, according to the local rules, mayor, cross-examination, it says in here that it's limited to two minutes. I'm assuming it's per person. However, as the mayor, you do have the power to halt cross-examination if you feel it's being repetitive, not relevant, harassing, or things like that. Um, so I would I would say that I would offer a little bit of latitude um because this is quasi judicial and it is an appeal. Um, but again, it's your discretion.

No, I I I agree with you. Um, you are entitled to cross-examine each witness for two minutes. To the extent that you can consolidate those cross-examinations so that we're not here, you know, forever, that would be great. Um, but it is a quasi judicial and it's your call. You're the council. Uh, thank you, Mayor Matthew Scott for the applicant. We're not going to cross-examine any of the neighbors. We just would like an opportunity to respond to um some of the comments that they made. That would be a separate map. That's rebuttal. Oh, sorry. That that's considered rebuttal. So, correct. What's the time they've been on rebuttal? I think it's three minutes.

I think it's three minutes. Maybe I should do some of the cross- examination for that. Well, I'm willing to give you latitude as opposed to having you bring up 10 people for two minutes. Right. That was my thought. So, I appreciate that, mayor. Right. You have the discretion if if you feel that, you know, for purposes of due process. Do you think do you think five minutes would work for you? Yes, we can make it quick. Why don't we just do five minutes so that rather that than you cross-examining everybody?

Great. Me as well, of course. Would not want to. Thank you all for coming. I don't want to cross-examine any of you. Um, we appreciate your feedback. We just like the opportunity to respond to it. As I said at the beginning of my of our presentation that um, this hearing must be based on competent, substantial evidence. Um, rather than cross-examine all all of these people that came here, I think it's important to note that not one neighbor got up and said, "Here is my competency in this space. here is my specific expertise about traffic, about noise, about water retention or any of anything of that nature. And so we want to speak to those items um with competent substantial evidence. I think the first one would be traffic. It's the most important. And so I want to use the bulk of our time. Um we heard from staff that this project would present a doubling of trips, which sounds like a big deal. We heard from a lot of neighbors that it'll be transformative for this area. Um, so I think if you could speak to the meaning of of the doubling of traffic in the overall capacities and then also speak to um the accident information.

Yeah. Again, Adam Kerr with Kimley Horn. Um the the doubling of traffic to the uh you know over 300 trips per day on the roadway. To put that in perspective, the uh the the the capacity of a road we think of as a level of service, the acceptable level of service here would allow up to for a two-lane road in the city, up to 15 a little over excuse me, 15,000 cars a day. Wouldn't expect to see that on a road quite like this, but that's the threshold that we're we're uh we're judged against. So, while it is double lane, it is still a very small amount of the overall traffic that would be allowed um on that road. As far as the uh the turn lanes, the U-turns, and the crash data, uh the the analysis that we did in December, which is is is certainly getting into peak season, uh showed about 94 left left turns and U-turns for that northbound to uh that northbound U-turn that that everyone was talking about. Um, so about one and a half cars a minute there. We did an analysis on that to just to to demonstrate internally for ourselves that there was not a a a queue that would back up and block regularly block military trail. That Q shows that the vast majority of the time that we we were required to analyze 95th percentile that does not back into military trail and that's the standard that we look at. We also look at crash data there too. Um certainly there are a lot of near misses that aren't reported, but the crash data itself was again well below any threshold uh that the county would consider uh you know alternates to um uh alternate uh methods of of dealing with that medium.

Great. Thanks. I just want to call up my client, Mr. Fosio, to speak about the the water concerns. We we want to address that head on.

How you doing? My name is Jeff Fosio, 8300 Northwest 110th Lane, Parkland, Florida. So, I'm a fourth generation car washer. My family started washing cars in 1949 in Boston. We've owned and operated, but we've also manufacture. We manufacture out of Tamarak, uh, company called Sunny's Enterprises. I've participated in 200 car wash projects nationwide. I've owned and operated my own. And as far as the groundwater contamination, um, county and state building codes dictate how we design it, how it gets reviewed, how a building permit gets issued, inspections during the construction process. So, I just car washes wouldn't be allowed to exist if our designs were contradicting best practices, especially when it comes to EPA issues. So, I just want to level set on that. We don't have a say in that. They dictate what we do. And as far as the chemicals, I've been in a car wash since I was 11. So, I've been around all these chemicals. Our industry has made leaps and strides over the last 30 years related to safety on all fronts, including chemical, chemical handling, the dilution ratios. And I'm proud to tell you that my daughter has been in these car washes. I would never allow my own family, let alone others who work for me, being in a dangerous environment. Hydrofluoric acids, sodium biflloride, those are things long gone in our industry. So I I just I just want to add some factual context to the EPA issues.

Great. Thanks. And so we we obviously heard from a lot of neighbors with a lot of concerns. I think it's important to note though that those were generalized concerns not based in competent substantial evidence. Your code has requirements for traffic, for noise, for lighting. We have met all those requirements. And so under the code for a conditional use, uh the question is whether there will be a significantly detrimental impact. Not even a detrimental impact alone. Not even you hate the project and you can deny it in a discretionary way. There needs to be significant impacts. And so from a traffic perspective, the staff report says this project will not create significant impacts. It also says there will not be impacts as to lighting or noise or any of the others. And so with that, we would respectfully request approval of our applications. Thank you. Does staff have any questions?

I do. I saw you I saw you moving around your chair a lot. I thought that probably take a one minute for Mr. Ker. Excuse me. We are going to take break. We are going to take a two-minut break. Do you mind? Thank you. Okay. Two minute break everyone. It's now4 after 10:00. We'll reconvene at 17 or 18 after 10. What are we going to do?

We are reconvening. It's 10:19.

Thank you all the staff. You have 30 seconds. Excellent. Um, so my question actually related to traffic capacity, Mr. Kerr, is Congland Drive is a little bit over a thousand linear feet, correct? Yes. Um, and it's also a dead end road, correct? Yes. Does that mean the traffic can go any other way in or out on the street? If there's a backup at this intersection, to my knowledge, the the only the only way in and out is is of course military trail. Does that affect a 15,000 vehicle per day estimate on what this road can handle?

It it it doesn't affect the the capacity is is what we call generalized. So that's you know all two-lane roads. Again, to put that into perspective though, we're we're looking at uh you know between 3 and 400 versus 15,000. If if in reality if we think that 15,000 which is what's allowed certainly allowed in the comp plan but if that was something less than that it's still going to be substantially more capacity available right um and and that is an estimated trips based on the use category of a car wash not necessarily the capacity of the specific car wash.

So uh the rates are we're required to use the rates when we do the the the traffic studies through Palm Beach County. Those rates are based off of national and local studies. The county approves that. It's based off of the uh number of car wash tunnels. Uh that's the the restrictive point. It's based off of the the car wash tunnels. Um again, to that point, we're required to use that 166 per day, right? If if that doubled, just theoretically, if that doubled and you add that to the the existing trips on Conklin, you're still well under what's the ava the available capacity on on Conklin.

Okay. Thank you. The other um thing that I would like to point out in terms of um LDR section 3.2.3, 2.3 which is the standards for site plan action because you are also approving the site plan. Um the um standards that apply to this request include um standard I which states that development shall not be approved if traffic associated with such development would create a new high accident location or exacerbate an existing situation causing it to become a high accident location without such development taking actions to remedy the accident situation. So the question is ultimately is that there is a warrant study that's been submitted that doesn't signify that a traffic light is warranted is what it just the trips don't require it. Um but based on a vehicularly dominated use I mean that's a vehicular use right um on a dead-end residential street with 300 spaces no other way in or out. I think that's a standard that you may want to consider for the site plan. It's also the only way in or out for the Tire Kingdom and the other businesses that are on the street as well. Um I don't if you have specific questions about the drainage, we could speak to that. So, we'll just wait for you to ask us that, I think. Um and then ultimately, um the issue with hoping I have it up here, the noise I I had the slide of the previous noise. Um this is the latest one. This is the lowest one. Um, and so I think it's important to note that right now the rule is 60 dB for commercial. Um, and the rule for uh active hours of residential will also in the new noise ordinance be 60. It drops for quiet hours after 10 p.m. And that what you have um submitted is that each uh sensor

is sort of keyed to what is anticipated. So this is R5B which is at 58.4. It's by the tennis courts. It's by military trail. Obviously, that's not the source of concern. It's really 9B uh R1 which is at uh you know 52.7 R9 is at uh 53.8. So it's very close to the ultimate limit that is in place. And I just again for the record um want to state that you you don't get the noise level grandfathered in when an ordinance is coming. So before we spend a million dollars, be absolutely sure that the sound is going to meet established standards.

Anthia, was there something Mr. Scott referenced something about um the staff report didn't reference um

so the staff report does acknowledge that the TPS letter from the county and which is what is required that the to I think one of the um residents alluded to it that military trail is not a city road. Um so the county it's not in the TCA. So that we send applications to the county. They provide a traffic performance standard letter to us letting us know um based on the land use model they cook in their I'm sure Mr. Kirk could explain it better than I can in their computers whether or not the new development is anticipated to require an intervention like a deceleration turn lane. Do you need a a signal? Do you need something like that? The staff report acknowledges that the TPS letter from the county, you know, which is only concerned with military, not with the local road in my opinion. Um, that there is no intervention required if this business goes in in this place.

Okay. No, there's no there's nothing left. It's to now it's the commission's turn. Sorry, I didn't I must have missed the opportunity to cross-examine staff. I guess was when you were saying cross-examine, you meant neighbors and staff. I I didn't catch that procedural nuance there. It wasn't a procedural nuance. He could cross-examine anybody and he chose to take five minutes instead for rebuttal. It's just tricky because staff is basically testifying with new new arguments now at the very end about about substantive matters that are are different than than what was in the staff report. So, in fairness, it would make sense to be able to ask up a couple questions about things

pong match. We're going to be here all night. So, I think staff has the ability to have the last word. If you have questions about what staff just testified to, you're more than welcome to ask those questions now. But I just feel like, you know, with this back and forth, it has to come to some closure. Well, what's what what um could we give could we give him five minutes? And he can do Can you take We'll give you five minutes. Yeah, it's less than I'm going to give you five minutes. I'm sorry. Thank you very much. If he misunderstood our rules, I apologize. That was that was five minutes to cross-examine staff.

Thank you very much. Um, so does the staff report say that based on the trip generation provided the project will create an insignificant amount of traffic? Insificant not significant, but we can it's your staff report. So it's only one person who can answer the question. So, I think he's looking because there's a lot of talk about how much traffic is going to be generated. While the staff report says

the staff report says that uh the signal warrant traffic operations analysis indicated that conquently experiences an average cumulative volume of 176 vehicle trips during a 12-hour turning movement count. I believe that's from your study, right? The traffic statement performed by Pender Tropman Consulting dated August 5th, 2025. The TPS letter issued by Palm Beach County uh traffic division states the proposed automatic car wash is anticipated to generate approximately 166 daily trips. Therefore, the projected volume on Conland Drive would effectively double as a result of the proposed development. Regarding internal circulation, the traffic analysis concludes the proposed car wash ensures a continuous flow of traffic and the required queuing of vehicles is maintained on site. the commission should consider whether proposed use would uh increase the level of activity and adversely impact the local street

and so okay so putting aside that the staff report does say that it would create an ins insignificant amount of traffic if the county approves it is there a separate layer where the city reviews traffic with a traffic engineer for example we review it against I'm sorry it's getting late we review it against our our comprehensive plan and our comprehensive plan policies. Um, and so that would be uh the way that we review it. We do not re-evaluate the county's letter to say that no, there's a light needed even though the county said there isn't. Do you know I hope that's right. And so is is the county is is the county's uh finding incorrect?

The county is the authority over military trail. Okay. And so then you spoke about noise and you said we should get this right now because we don't know if We're not sure about the noise components. So, um, in reviewing the noise study, did you see that there was actual data collected from the exact same machinery used proposed for the site? Yes.

And you you provided two and the second one removed, I believe, three blowers from the proposed mechanics to increase uh the threshold between 60, which is the limit, and it dropped at a decibel approximately, give or take. I don't know if your acoustic person's here. Right. So your your commentary was we need to make sure we get this right with the actual data. And so you're saying the data in the study from actual blowers the exact same machinery wouldn't be accurate.

So I think that my concern is that when you look at the study submitted and I I hope your acoustic person is here. This wall is 6 ft and we still see the green and the yellow going beyond the wall in the burm. So this is 66 which is exceeding it. This is 62 which is exceeding it. Um this is a 4ft wall. It's spilling over a little bit here. This is of course the area where we're abudding residential and the sound waves completely stop and drop below 60. I just would like to know why we're so confident that there isn't that flow over. I it would be I think good to speak to that.

You want to speak to that? I would like that's that's not how this works. Mayor respectfully. Okay. And so respectfully, this is this is a quasi judicial proceeding. It's similar to a trial. So we don't just call people up. I'm not doing anything. Thank you very much. We appreciate it. Thanks. We appreciate it. That's all we have. Thank you. Finished. Yes. Any more comments to the commission? Who would like to go first? Don't all raise your hand at once. I'll do it. Commissioner Cassell,

I'll walk the plank. Um, so first of all, thank you everybody for coming and providing your input and staying so long this evening. And I really do appreciate your concerns. It's very hard being in this position because I sat up here once in a very similar position where the people came in and they were adamant against something on the property. It hadn't been developed. And what ended up happening is uh it was denied, but what came next was worse. And the that's the fear I actually have. What is that noise? Sorry. Thank you, sir. For you is that you could potentially be looking at a fast food place, which

I'm sorry, mayor. Can I just make a point of order? You could do I think we need to be very careful and I will. I'm just I I understand what you're saying. Hours of operation. There's other factors. I know we're considering this, but I'm saying to them, honestly, it's a hard decision. I understand, but I I don't want the record to be to reflect something else that's not before you. So today, what's before is a car wash that needs a conditional use and a level foresight plan.

I will say I like Mr. Catz met with the applicants. I live I live right in your in your area around the corner. I'm on military every day since ' 05. And when they put in those partitions, when you come out of the boys, that's where it all got screwed up because well, people couldn't cross the lanes properly, so they had to put them in because there were a ton of accidents. And then they put them in and everybody does go. But at the end of the day, unfortunately, one of the byproducts of being an amazing city that's attracting so many people is traffic. We're seeing it all over. I go to Congress. I experience taking the left turn takes me four turn signals versus it used to be one five years ago. It is a problem. I'm more concerned about when you talk about your quality of life and how is your experience going to be. The staff brings up a good point about this image which is that the line does just break. Now you see the R8, the R seven, the R six, there's a road there, right? So you could argue with an adequate wall and adequate buffering the residence there, but the R9 is very close to the property. Now there's, you read online, there's so much you can do. There's sound boxes, acoustic boxes that protect from sound. Um there's um potentially the lights. you seem to have addressed the lighting issue. I I think there's a lot of factors and it but it's very difficult to know the ramifications until it's done. And that's always the concern is trying to make the best and right decision. And I do I am a little concerned. I think I'm not concerned so much about the lights. I don't I think

the traffic is inevitable and we all have to proceed with caution on military myself included. I'm a little concerned about how uh if there's a way if people are inclined to support this project to really ensure that there is not a flow over of noise into the residential area. And I don't know if that's larger buffers. I don't know if that's higher buffers. I don't know if there's some screening. I know there's sound blankets. I know there's those acoustic boxes. I know there are options, but I want to hear what everybody else has to say because I do think we we do care about the quality of life of the residents and but we also care about supporting property owners and businesses. So, I'd like to hear what everybody else has to say.

Commissioner Burns. Yeah. So, um I would like to uh thank the the applicant as well for going over and above to try to mitigate um all of the the concerns of the residents and for all the residents to come out and all of your comments and your concerns. However, um I I have listened tonight and based on the evidence that I've heard, I do see that the um this project would significantly um pres prevent a dep a def detrimental effect upon the stability of the neighborhood. Um so that's where I am with that.

Okay. Commissioner Marker. Yeah. Uh, thank you to everybody that stayed up this late. Apologies for that. Um, for me, there's just too many red flags here. So, I'm I'm going to be a no. Okay. Um, there were two items as I remember in a conditional use that you have to be able to prove, you have to be able to get. One is which I think they they're fine with. Um, I'm trying to remember what what they

hinder development or redevelopment of nearby. It won't I don't think it'll hinder redevelopment, but I do think detrimental that it it will be certainly detrimental to the guy who lives right across the street from that entrance. It will certainly be I mean I understand look these noise tables are these noise studies are you know good I guess. Uh but the reality is on a cool crisp night like tonight you're going to hear these you know not at 10:00 cuz they'll be closed but the point is noise is noise is an issue. I'm not per I I I know I know everyone wants to make a big thing of the traffic. I think the traffic can be managed. I think the light can be managed. I think and maybe the sound can be managed with with increased buffers. I don't know. But on a site plan react, we're also improving the site plan and and an important ingredient in the site plan is the net effect on it's it's it's a broader standard

than it is with the conditional use. Um, and I think the site plan is what I find problematic with the because I don't think it I don't think the site plan fits with I'm trying to remember there there's a number of things you can do in a site plan. But one of the things is you you get to look at whether you think that the traffic is going to be an impact regardless of a tra I mean you know you have these traffic studies and everything but your site plan approval is got a is a broader thing. So I I don't think I don't think it meets my test for the site plan to to get approved. Okay.

I mean I I mean I understand that the legal analysis for everything done and you say well we've made it to meet these criteria but if I don't think they can honestly say it's not going to be detrimental to the neighborhood when the entire you know the neighborhoods come out right I mean they're it's it's not theoretical. So, so this is remember this is a package. So, you know, you're

well, that's why I said I also on on the site plan portion, right? I think there's an issue as it relates to does the traffic negatively impact the neighborhood. And I think that whether it's 80 cars or 150 cars or whatever it is, they're all going down Conklin and taking a and headed turning into the south, you know, into the south. And when people are coming out, and let me tell you, when people are coming out of there, you you could get because it's only a two-lane road, you you could get stuck behind someone trying to take a left to go north, and you could be there for a while. So, that is kind of where I am on that.

So, the resolution is written in the affirmative. It would be reversing the decision of the planning and zoning board. So, based on the comments that I'm hearing, um, you would actually vote to deny this resolution because that in effect would affirm the decision of the planning and zoning board to deny the application and deny the conditional use. Then I need a motion uh from everybody, anybody. So, it would be a motion to deny resolution 10-26. I'll make a motion to deny resolution 10- 26. 26. Second. Do I have a second? Please call the role. Commissioner Cassell,

I guess I may. Yes. I'm I'm very sorry. I appreciate all your effort in trying to accommodate res. If the motion to deny, motion to deny is is denying the application. I mean, a yes vote denies the vote denies the application. Fine. That denies the appeal. Denies the resolution. Correct. Which would be Yes. Which would be affirming what the lower board did. All right. So, yes. Okay. Deputy Vice Mayor Burns. Yes. Mayor Carney. Yes. Commissioner Mark. Yes. Motion passed.

Time to go home. Yeah. Is it time to go home? That was about two hours ago. So the rules the rules require us to stop at 11 unless you vote to keep going forward. Stop at 11 from 2 hours ago.

We got enough. Are we continuing? Yes. The next few items may the next few ones are I don't know why we that's not what we asked for. I I asked for to financial review board. That's what you asked for. This is a whole different This is a dangerous thing to say. Mayor, do you want me to read the resolution? No, this is essentially auditing the auditor. I think listen, that's what we talked about. I know what I know what I wanted. I understand. Do you want me to read the resolution? Yeah. I'm sorry. Would you like me to read the resolution?

Well, yeah. I just want to start before you even get to the resol resolution. I remember I sat here and talked about and I checked my records when I saw this on the agenda. I went back and I said and I talked about the creation of a financial review like we always had and I believe Commissioner Cassal had said the same thing and I asked for it. I in all fairness what I was asking for was that but I think I was using the word audit because I was thinking they would sit. So, there may have been confusion cuz I'm I asked for it and it and it was just

understood. I know what I want and you know what I want. Here's my problem. I do think we need to pull this. One, it's late in the evening. to I'm like super ticked off at the fact that once again um changes were made to the agenda or tried to be last night at 9:00 having received no consensus from the group and you know multiple times Mr. more. We have discussed that that should not be happening and I expressed to you my concern again that you did not get a consensus and that is a violation of the charter. I don't want to belabor the point tonight. I am

well I don't want to speculate either but but it's here so nothing no please don't don't defend this situation Mr. Mr. I'm not saying anything. I just Thank you. Because he the only one he spoke to last night was you and he already told me that. We've had the conversation. I spoke to him. I spoke to him. I said, "Why is it on the agenda?" I feel as though you should not be He's already acknowledged what transpired and that he did that. So, if you're standing here defending him, it's because you're I'm defending the whether it's a violation of the charter. I think that what you're dealing with it's a city manager's agenda.

No, he last minute. First of all, we all agreed multiple times that he's pulling things because you're asking him to. First of all, okay, that's he acknowledged that. He said he's you're the only one he spoke to. I did not pull anything. That's not exactly how the email came out that it was going to be removed from the agenda. Are we really going to do this? Well, it's on the agenda. So, you're after I complained about it, brought it to the attention of the city attorney, emailed back and forth at 9:00 at night. mayor. Well, we're going to pull this. I think you you've said you want to pull this. I want to pull it.

I'm content pulling it and we can discuss it because what the mayor is saying is is is is accurate in the sense that we're I don't really feel like we're looking for someone to audit the annual auditor or the annual audit reviewing it. Everyone should be doing that in the city who wants to. I also don't um believe that the committee should be selecting the auditing firm necessarily, but more what I was hoping for is people who would um have some insight as to when we bring up potential things to audit and then you begin the process, you're checking in with them and then they're giving you giving you feedback in the process and then you know reviewing the audit at the conclusion. So it's not just us, it's people with respective skills in that field and I think that will be helpful to you and to us and I know what you provided us is just the beginning framework. It's just your idea of what we maybe were looking for. But I I have a sense of what I want and I can share that with you. Um

well the audit re the the the the financial review board that they had before which is what I was talking about and we maybe miscommunicating every different we're not we want the same thing but the I mean that was it where they would look at you know spending they they really would look at documents I mean they would look at it wasn't really auditing the procedures of the auditor. Okay, that's why we need to move this to another time and then come back to the table with what we're specifically looking for this group of individuals to do and also what their criteria is going to be to serve, how many of them are going to serve. I think the conversation is is just beginning and you know

okay that's well that's fine because you know as I said I don't need to have we were too small of a a city really to essentially have an audit committee audit the the procedures of our auditor I agree there that that makes no sense so that's why that was a comment I was the only comment I made last night so I just because I'd read the statute and then I looked at examples of the statute and And then what you uh you know you adopted you can't you you're stuck. You can't. We were just having a conversation tonight. But but I want to circle back to what you were saying. You're you're wrong. Mr. Moore was making a move to remove this without getting a consensus from from a majority. You never said that to me. So I I Well, that's what the email was that came out last night. Did you read your email? No.

It was being pulled from the agenda. I didn't read the email after speaking to you. I apologize. I don't That's not what I was up to. That is not what I was up to. There's no confusing the messages. Those emails were very clear. My conversations were with internal folks last evening until this morning. There was no direction to pull anything. That's while it's still That's not what the email said. The email said it's going to be pulled. Again, oral discussions. I did not pull anything. It's here. I didn't. This is where it gets so I think we've had this discussion before too many five times. be sensitive that when the agenda gets published that we're we're very cautious about making changes of course because it it's leading to high blood pressure

and I thought about that as well and I will endeavor accordingly and I will and I will and I have and I will and on this topic of the audit I I I think we should have that discussion I Ela and I had a very good discussion about it I mean you know I I but I think we should come back to the table with our expectations it's definitional we got to sit down and define and see if it if it Why don't you put it on the next agenda for discussion. You follow me on the second. Mayor, could we just move put it on the next agenda and then we'll have the discussion. Mr. Mayor, I'd like to support that recommendation for the February 24th regular city commission meeting. We'll bring it back as city commission offers expectations and communications. If we can have consent to that effect, that would be great. Thank you for waiting.

All right. Now, we're now we're on the nomination for the appointment. I'm going to move this along. Nomination to the board of trustees for the fire retirement systems board based on the rotation system. The appointment belongs to Mr. to Commissioner Thomas Marker. I would like to appoint Joan Doro. Oh, good choice. Second that even though we don't have to. Oh, his Joan. Oh, I didn't. Bless you. Thank you. Oh, yeah. Okay. She's great. Yeah, I know. She is great. Um Um All in favor? Yes. I Any post? Great nomination. The appointment of the green implementation board here. This commissioner John Edwards. Sorry, John Edwards. Second. Thank you.

All in favor? Any opposed? Done. Okay, we are on 8A. You want to read the whole ordinance? Um, Anthia, were you going to make a request to postpone this? No, I agree because we we had to there's a lot of people that don't know. We have a private application after this with two ordinances. Okay. So, we were going to we're going to postpone this to the Can we do it to a date certain? Mayor, what's the date, sir? Want it? 24th. The 24th or March 9th. So, it' be a motion to postpone ordinance number 10-26

or March 9th, whichever one you do because you there's work we got to do on on and also I don't think the city should be signing these agreements, these three-part agreement on the easement portions on private property. Why are we making work for us? Anyway, we can discuss it if we're going to do it in another. So, maybe we should do Can we do it March 9th? That's March 9th. I would recommend March 9th. March 9th works for me. So, it's a motion to Oh, were you here to speak on this, Mr. Costello? If he speaks today, he's not going to be able to speak at second reading. There are there are applicants waiting for this to get cleaned up as well. So, do you want the 24th? We're at a quarter to 11. So, it'll be at the 24th

and then if it doesn't work out, I'll I'll republic. So if it's it's a motion to postpone ordinance number 10-26 to February 24th, 2024 at 5:00 pm or thereafter. Okay. We need a motion. So moved. Second. All in favor? Any opposed? Okay. So sorry, Mr. Costello. You're pay You're charging your client though, right? I mean, get get So, mayor, I'm sorry. Mayor AB and 8C are related. It's a privately initiated item. I think we should just um if we go past 11 o'clock, the commission has to vote to go past 11. Do you want to just make that motion now? Because this is going to go past 11 o'clock. So moved. Second. All in favor?

I. Any opposed? I'm opposed. I'm opposed. Okay, now it's a tie. So I was kidding. I'll be all in favor. No, this is a this is we we should get this. Should I redo that? No, it's okay. Mayor, can I um read both together? 8B and 8 C. And and it's a it's a HC is the qua is is a no it's a public hearing quasi judicial. It doesn't say it on the agenda. It's a but it is quite judicial. Correct.

So ordinance number 0526 an ordinance of the city commission of the city of Del Beach, Florida adopting a small scale land use map amendment redesating parcels of land measuring approximately 7.6 6 acres located at 8 2855, 2875, and 2905 South Congress Avenue is more particularly described here in from Congress Avenue mixeduse to com to commerce pursuant to the provisions of the community planning act Florida statute section 163.3187 providing a conflict clause and a severability clause providing an effective date and for other purposes. 8C is ordinance number 04-26 an ordinance of the city commission of the city of Del Beach, Florida reszoning parcels of land measuring approximately 7.6 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 amending the city of Del Beach zoning map July 6, 2021 providing a conflict cause a severability cause providing an effective date and further purposes and this is quasi 04-26 is quasi judicial.

You were sworn earlier. Yes sir. So, is there anybody else who wish to speak on this item? Nobody. Was there any exparte communication on this item? Okay. Seeing none. Would you please enter the file into the record? Uh, good evening, Anthony development. I know. I'm sorry it's late for me. Um, okay. uh anthotis development services director and I would like to enter file PZ174-2025 which is the resoning and it is accompanied by land use change which is PZ1722025. Thank you very much to the applicant.

Great uh David Millage 14 Southeast 4th Street Boca Raton uh here on behalf of the applicant. Good evening Mr. Mayor, Vice Mayor, and the commission. Um I'm going to try to go through this application with some expediency, but want to cover it all just in case. So this is the uh subject property. It's approximately 7 acres just north of the C-15 canal on the southern limits of the municipal boundaries of the city of Delaware Beach. Uh it consists of three parcels, five existing office warehouse buildings. Um there are two requests. One request is a land use change which changes it from the uh CMU to the CMR land use designation and then also reszoning from MRock to mix industrial and commerce. Uh, like I mentioned, there are five existing office warehouse buildings for a total of approximately 200, sorry, 102,000 square feet. Um, there is a history with this project. Back in the 80s, it was approved for this office warehouse buildings that were constructed on the overall parcel. Um at that time it did have a commerce land use and was zoned light industrial. But then in 1990 it did uh receive an approval for reszoning from light industrial to the mic zoning district. Then, as you might know, back in 2006 and 2007, the city had itself initiated resoning and land use changes which changed 63 different parcels along the

Congress corridor that changed it from to I guess to the existing CMU land use in the Mrock uh zoning district. You know what the the issue here is that MRock is incompatible with a lot of the existing non-conforming uses at this site. So, there's significant hardships for the owner with attracting new tenants, keeping new tenants um at this facil facility. Um this is within a existing industrial cluster that's on uh Congress and um these are some of the tenants that are currently nonconforming that really deal with um kitchen fabrication installation users um cabinets, countertops, HVAC contractors, um home automation, security systems, and sign manufacturing. So, back in 2023, this the city um uh paid for a market informed development and retail strategies recommendations from CBRE and Street Sense. What this um study, they they analyze this, I think it's around a four mile stretch of the Congress area. Um and they had some some findings that were of note. One was that the vision of the CMU land use has not been fulfilled within this some odd 20 years that it's been around. There remains many office and retail vacancies along the corridor. Um there is limited industrial space within within the city. um and that it's

encouraged for these industrial clusters to be preserved within the city. Um we've reviewed the criteria for uh land use changes and resonings and we do meet those criterias. And just to summarize, uh, this property was originally approved for light industrial uses. And in order to preserve the limited industrial businesses, uh, and uses within the city, we're asking for the approval of this future land use map amendment and resoning um, which allows the businesses to grow, expand, and reinvest in the city. Um the the issue with non-conforming uses is that there are limitations for repairs, expansions, and then also um issues when a tenant leaves, the space has to be reoccupied within 180 days. So, if you take into account um future tenant buildouts, getting necessary approvals, there's many times where now the previous uses that we think that the city wants and to encourage is no longer permissible with, you know, this property in specific. With that, um I don't want to take any more time. Happy to answer any questions and I thank you for this long evening.

Okay. I also don't want to take a a ton of time. Um so uh in this instance what is um we've been grappling with and part of why we engage the street sense folks is that um the vision for Emirrock which is meant to be mixed use line the street you know start to create a corridor very different than the one that's there innately has conflicts with some development that is existing that now contains uses that we have concerns about inadvertently not having enough of. We do have um only 4% of the city is allowed to have industrial uses. Only 2% actively does and it's probably less now that the live local project took the hard grave site offline. So I agree um with um you the applicant's presentation. I did want to point out that this is probably one of the only applications that's been brought to you that has a significant decrease in traffic. So if you have any reservations, maybe that um would would quell them. Um and and in that street sense um analysis um while uh it was interesting because the compatible uses like cabinetry, stores and other um uses like that are um there is a demand for them and they are a little bit more um compatible with um residential and other mixeduse commercial uses. And right now um you know they're they're not allowed to go in there and if the space remains vacant for too long then the non-conforming status is gone and yet the physical building is still built with a loading dock or you know so this is you're aware of this conflict and it is on our our list to address. In this case the applicant um you know wanted to move forward without waiting for a staff initiated amendment. So um I'm here if you have any questions.

to the public. I'm going to do that now. This is a public hearing. Any many any members of the public wishing to address the commission on this agenda item, please come to the lectern and give your name and address for the record. You will each have three minutes. My kind of crowd. Seeing none, public comment is closed. Could I ask a question to rebuttal? Oh, yeah. I was going to say, is there any rebuttal? Let me get the there any rebuttal to any any presentations? Okay. Um, thank you. Super quick question because we flew through these slides, but when you're changing from um MROCK to MIC,

do we have to worry about live local with the industrial component? In other words, as stands now, you can't do live local on this, right? Well, live local uses the MROCK standards. They're the most intense standards in the city. So they could use they could come in and do live local now and if we change to mic they cannot. No, they still can because it's but it's less density but we would be able I want to just understand which one which scenario. No, they're the same because so live local requires that you offer the highest density allowed in the city and the highest height within I think it's a mile radius. Um the highest height and the highest density in the city is Mrock,

right? So, you know, if something something changes, it's Yeah, exactly. It's the same intensity, but the change here now allows the more industrial uses that the building was designed for to maintain, which we are concerned about losing. So, I just that was my question. Thank you. I support this. Okay. Anyone else? I have no comment. Yeah. Economically, when we make this change, he's not going to want to he's not selling that property anyway because it's going to do really well with that with the new zoning. So I mean that risk factor is really not much of a risk. Okay. So uh so I need a motion to approve. Motion to approve ordinance number 05-26. Second.

All in favor. Any opposed? Fine. Now 8 C which is the qua judicial. I need a motion to approve. Motion to approve ordinance number 04-26. Second. Would you please call the role? Commissioner Cassell. Yes. Deputy Vice Mayor Barnes? Yes. Mayor Carney? Yes. Commissioner Marker? Yes. Motion passes. Have a good evening. Thank you very much. Good to see you. Do you want to keep flying through? These will be quick. Well, we got the bleeding control kits, which I think everybody's agreed to. An 8D and 8E. Do we just do an ordinance motion to approve? No. No. I have to read it and it's No, we have to read it into the record though. Okay. Ordinance number and 8 and 8 are the same. Oh, I thought you left, Chief Martin. I was going to say you already take you

ordinance number 08-26 an ordinance of the city commission of the city of Delry Beach Florida amending chapter 96 fire safety and emergency services of the code of ordinances of the city of Delary Beach by repealing section 96.18 automatic external defibrillator and bleeding control kits and readopting same as revised as a new section 96.12 automated external defibrillator and bleeding control kits reestablishing the citywide defibrillator. Oh my god, I can't even read. Reestablishing the citywide automated external defibrillator and bleeding control kit program with provisions to provide definitions for automated external defibrillators and bleeding control kits in the ordinance to require all business occupancies exceeding 20,000 square ft. to provide automated external defibrillators and bleeding control kits and to authorize a fire marshall to designate 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 severability clause authority to codify providing an effective date and for other purposes ordinance number 09-26 an ordinance of the city commission city of Dary Beach Florida amending the land development regulations of the city of Del Each code of ordinances, appendex 8, definitions to remove the definitions for automated external defibrillators and bleeding control kit providing a conflict cause authority to codify providing infective date and further purposes and these are both second reading public hearings.

Okay, this is a um is there any do we need to see the chief's presentation? No. I mean, do you feel strongly about it, chief? I'm sorry, he doesn't. No, I don't. But I do want to ask the city attorney when we last uh talked about this, you were going to change this to you're putting the um mechanism up every other floor. Um do we feel again the question was is this too much for the businesses to comply with. We were going to talk about surrounding areas,

right? If I mean if you want to see the presentation, there are surrounding areas in Broward County predominantly that have adopted this ordinance, have adopted the bleeding control kits ordinance. So after meeting um with Chief Martin about it and speaking um with Chief Mazio, I do feel comfortable that it is consistent and I do think that Palm Beach County if they it's coming around, but I think it was predominantly a Broward um initiative. Commissioner Cass. No, I guess I move.

So, can we get a motion again? No, no, no, no. This is a public hearing. Anybody wishing to speak on this item or this item 8D and or 8E, please come to the lecture and give your name and address for name and zip code for the record. You will each have three minutes. Seeing none, public comment is closed. Motion to approve ordinance number 08-26. Second. All in favor? I. Any opposed? Okay. Um motion to approve ordinance number 09-26. Second. All in favor? I. Any opposed? Okay. Perfect. Thank you.

I didn't want to keep you any longer because you had that breakfast first thing in the morning at 7:30. Oh, he's good. He's he's a Kanian. He's a Quanian. Well, he's a you know, the the the the the Rotary the Rotary is dozing back there while this man's up here working. That's all I'm pointing out. It's a good breakfast. It's a good breakfast. Wait, they're not

sir and commissioners and manager and attorney. Thank you for for for stepping and supporting this initiative. If you go around the world in the medical community, CPR and AED is unequivocally the way people survive in out of hospital cardiac arrest. and to have your leadership all of your leadership up here in the dis and supporting this and having community partners to support this will save lives and I think we've taken a reasonable measure here tonight to ease the burden but it it does result saving lives and that's an undisputed medical fact we appreciate you bringing it forward appreciate both of your hard work we really do

9a 9a first reading of 03-26 an ordinance of the city commission of the city of beach Florida amending chapter Chapter 32 departments boards and commissions section 32.64 qualifications to clarify the criteria for appointment of board members providing a conflict cause a severability cause and authority to codify providing an effective date and further purposes. Okay. Um we're motion to approve ordinance number 0326. First reading. Yes. Second. Yes sir. All in favor.

Any opposed? Okay. First reading is approved on that ordinance 13-26. An ordinance of the city commission of the city of Tal Beach, Florida, amending the code of ordinances of the city of Talbury Beach. Title 3, Administration, Chapter 36, Acquisition of Goods and Services and Disposal of City Property. Section 36.02, Commission approval required to increase the threshold for city commission approval of acquisitions from 65,000 to 100,000 providing a conflict clause, a severability clause, authority to codify, providing an effective date and further purposes. Motion to approve ordinance numbers 13-26. Second. All in favor? Any opposed? Good comments and inquiries on non-aggenda items. Mr. City Manager,

briefly, a friendly reminder, noise ordinance town hall engagement between 5:30 and 7:00 this coming Thursday, February 5th, over at the Vintage Gym at the Old School Square campus. Otherwise, 5:30 to 7 5:30 to roughly 7:00. Yes, sir. Just to be clear, and we'll make sure our communication at some point to reflect that. That's going to be a good one. Yes, sir. Otherwise, I yield to the city attorney. Any comments? Nothing. Good night.

To the city commission. Super quick. Uh, historical society has a paint and sip Friday, February 27th. Looks like a lot of fun. Uh, Lori Durant is having an event at um, Lily Pulitzer on February 28th. That's a Saturday, 3:30 to 6:30. It's a shop to support high school seniors in the Debutants mentorship program. Uh, Gan is not here, but the article in the um, Atlantic A is fabulous. And also, I love my new mug. And Mr. Moore, I don't want to beat a dead horse, but I'm going to. Here's your email. Direction is likewise being offered to the office of this by the office of the city manager to remove the proposed resolution as noted. And my point to you is one, it's it's less than 24 hours away from the item being heard. That's not fair to the residents. Two, you did not get a consensus. And I've brought this up over six or seven times. I will not bring it up again next time. I'm going to demand action from my colleagues. You need to get a consensus from a majority to be doing things like this. Thank you. I appreciate that you will do that in the future. Thank you.

Go ahead. All set. Go ahead. Um, no, I'm good. I I was good. Well, I I sent her an email. So, good. That was it. Well, you know, sometimes you say something and you really don't mean it. Me? do that. Well, no, just um Gina and the uh success of last month being uh the most successful month for the creative art school. It's very impressive and um just, you know, congratulations to her and her team on the the great work that they're doing and um every Commissioner Cassell said some of the other stuff. So, I'm good. Thank you. Okay. I have nothing.

I did have I had I did have something. And I wrote it down, but I'm not going to do it because I want to go home. We all want to go home. My poor wife, we get it twice. She said, "You got to hit the sc." She said, "Anytime soon." And I hadn't looked at the your thing and that was like 30 minutes ago. And I just wrote her back. out. It's a g