Sep 22, 2022 Town Council Special Meeting

[Call to Order]

[00:00:04]

>> THE TIME IS NOW 7:00 PM AND I'M GOING TO CALL TO ORDER THE TOWN COUNCIL MEETING OF THURSDAY, SEPTEMBER 22ND.

WITH THAT, WE'LL BEGIN WITH AN INVOCATION FOLLOWED BY A MOMENT OF SILENCE AND THEN THE PLEDGE, PLEASE STAND.

>> DEAR GOD, PROVIDE US WITH WISDOM AND UNDERSTANDING THAT WE MAY USE THE BEST SKILLS AND JUDGMENT ON THE ITEMS BEFORE US TONIGHT. AMEN.

>> AMEN.

>> LET'S HAVE A MOMENT OF SILENCE.

>> PLEASE JOIN ME IN THE PLEDGE.

TONIGHT IS THE SECOND PUBLIC HEARINGS ON THE BUDGET AND TAX RATE FOR THE UPCOMING YEAR, SO WE BEGIN ON THOSE SPECIAL MEETINGS, WHICH THAT'S THE FIRST TOPIC FOR THEN MOVE ON TO THE MORE TRADITIONAL PUBLIC MEETING WHEN WE BEGAN WITH CITIZEN COMMENTS.

WITH THAT, I GUESS I TURN IT OVER TO STAFF FOR A PRESENTATION UPDATE.

[Items 1, 2 & 3]

>> GOOD EVENING, MAYOR AND COUNCIL, AS YOU JUST INDICATED, WE'RE HERE FOR THE SECOND AND FINAL READING OF THE FY23 BUDGET.

I WANT TO CONGRATULATE THE COUNCIL.

IT'S BEEN A LONG SUMMER, IT'S BEEN A LOT OF GOOD DELIBERATION, LOT OF DISCUSSION, ESPECIALLY WITH SOME OF THE CHALLENGES WE MAY BE FACING GOING INTO NEXT YEAR.

WHO KNOWS WHAT THAT MAY BE, BUT WE PUT TOGETHER A REALLY GOOD FINANCIAL PLAN IN MY ESTIMATION, STILL STAYING CONSERVATIVE, BUT AT THE SAME TIME, BEING OPTIMISTIC AND MEETING THE NEEDS OF THE TOWN AND ITS EMPLOYEES.

WE'VE HAD A LONG SUMMER WHERE WE'VE NEGOTIATED A CBA CONTRACT, WHICH IS ON THE AGENDA THIS EVENING.

WE HAVE ALL THE ITEMS FUNDED THAT HAVE BEEN PART OF THE STRATEGIC PRIORITIES OF THE COUNCIL, AND ALSO MEETING NEW PROJECTS HAS COME INTO THE PROJECT WINDOW OVER IN THE UTILITIES WHILE STAYING AND LOOKING AT THE ENVIRONMENT.

THERE HAS BEEN A NUMBER OF LARGE TOPICS DISCUSSED OVER THE SUMMER, WHICH WE HAVE INCORPORATED WITHIN THE FINANCIAL PLAN.

WITH THAT, CONGRATULATIONS, AND LET'S GET STARTED WITH THE PRESENTATION.

THIS EVENING JUST TO HIGHLIGHT, STARTED BACK IN JUNE WHEN WE HAD OUR FIRST OPERATING BUDGET WORKSHOP, IN JULY, WE SET THE TRIM RATE AND DID OUR FIRST PUBLIC NOTICE OF THE FIRST PUBLIC HEARING.

IN AUGUST, WE HAD OUR CIP AND OPERATION UPDATE WORKSHOP, AND WE HAD OUR FIRST PUBLIC HEARING ON THE BUDGET, AND THEN THAT LEADS US INTO THIS EVENING.

[NOISE] SOME OF THE OBJECTIVES AND THE ASSUMPTIONS THAT WE'VE WORKED ON ALL SUMMER LONG AS WE STRUCTURED THE PROPOSED BUDGET THAT ALLOWS FOR A FLAT MILLAGE RATE, WHICH WILL RESULT IN MODEST INCREASE FOR RESIDENTS AND BUSINESSES [NOISE] BASED ON PROPERTY VALUATION INCREASES.

WE'VE MADE INVESTMENTS IN PUBLIC SAFETY, MAINTENANCE OF INFRASTRUCTURE, AND LANDSCAPING.

AGAIN, WE'VE SUPPORTED THE STRATEGIC PRIORITIES OF THE TOWN COUNCIL AND MAINTAIN OR ENHANCE LEVELS OF SERVICES TO THE CITIZENS.

SOME OF THE ASSUMPTIONS THAT WE'VE HAD WITHIN THE BUDGET WAS THE AD VALOREM TAX REVENUES WHICH WERE HIGHER THAN FY22 DUE TO INCREASES IN PROPERTY VALUES AND NEW CONSTRUCTION.

WE'VE ALSO INCORPORATED SALARY ADJUSTMENTS AND SUBSIDIES FOR TOWN EMPLOYEES TO ASSIST THEM IN FIGHTING INFLATIONARY PRESSURES AND TO STAY COMPETITIVE WITHIN THE AREA OF MARKET TO BE ABLE TO RECRUIT EMPLOYEES.

WE'VE SEEN THIS SLIDE A NUMBER OF TIMES JUST TO SHOW THE HISTORICAL VALUATION AND WE SEE THE FY23 PROPOSED AT 13.11 PERCENT INCREASE.

WE'VE DISCUSSED THAT MANY TIMES THROUGHOUT THE SUMMER ON THE REASON FOR THAT BASED ON THE HOME SALES AND THE INCREASES IN THE VALUES THROUGHOUT THE TOWN.

HOW DOES THAT TRANSLATE? WHEN COMPARING IT TO FY22, YOU CAN SEE THE NEW CONSTRUCTION VALUES IS JUST OVER ONE PERCENT.

THE MAJORITY OF THE VALUATION INCREASED JUST OVER 12 PERCENT, HAS TO DO WITH THE OVERALL VALUES.

WE'VE TALKED ABOUT THIS A NUMBER OF TIMES, THAT GOING FORWARD, THIS SLIDE REALLY SAYS IT ALL GOING FORWARD, THAT IS WHERE THE TOWN IS GOING TO BE.

WE KNOW THAT THE TOWN IS THAT BUILD-OUT, NOT A LOT OF NEW CONSTRUCTION LOOKING INTO THE FUTURE.

[00:05:01]

ONE THING TO POINT OUT IS THAT THE HOMESTEAD PROPERTY, SAVE OUR HOMES, THREE PERCENT CAP.

WHEN YOU SEE THAT 13.11 PERCENT THE MAJORITY OF THE HOMEOWNERS THAT ARE HOMESTEAD, IT WILL ONLY SEE THREE PERCENT INCREASE.

ONE OF THE THINGS WE NEED TO SPEAK ABOUT TONIGHT AND WE'VE TOUCHED ON THIS WITH THE TRIM, AND ALSO AT THE FIRST HEARING WAS THE ROLLBACK RATE.

WHEN WE LOOK AT THE TAXES THAT ARE BEING COLLECTED, THE ROLLBACK RATE FOR FY23 IS 2.2061, AND WHEN YOU COMPARE THAT TO THE PROPOSED RATE OF 2.4633, THE PROPOSED RATE OVER ROLLBACK IS JUST OVER THREE MILLION DOLLARS.

ONE OF THE THINGS THAT WAS ASKED AT LAST OR THE FIRST HEARING WAS ABOUT MILLAGE REDUCTIONS.

THE COUNCIL HAD ASKED TO PROVIDE SOME INFORMATION ON A ONE PERCENT REDUCTION OF THE MILLAGE AND WHAT THAT WOULD MEAN AS FAR AS AN AD VALOREM IMPACT, AND THEN HOW THAT WOULD AFFECT THE RESIDENTS.

YOU CAN SEE HERE ON THIS SLIDE, WITH A ONE PERCENT REDUCTION IN THE PROPOSED MILLAGE, THERE'LL BE $320,000 REDUCTION IN THE OPERATING AND CIP.

THE IMPACT TO THE RESIDENTS WHEN YOU MEASURE IT AGAINST THE $550,000 HOME AND IS ANYWHERE FROM $12.72 ANNUALLY- $15.32 ANNUALLY.

LOOKING AT THE OVERALL BUDGET AND COMPARING IT TO FY22 TO THE FY23 OPERATING BUDGET REPRESENTS A $12.2 MILLION INCREASE OVER FY22, A SEVEN MILLION DOLLAR INCREASE IN GENERAL FUND PRIMARILY DUE TO SALARY INCREASES, INFLATIONARY SUBSIDIES FOR EMPLOYEES, CAPITAL TRANSFERS FOR FURNITURE AND FIXTURES, THE NEW TOWN HALL, AND COST INCREASES THROUGH THE SOLID WASTE CHARGES, WHICH THE COUNCIL APPROVED BACK IN EARLY SUMMER.

ALSO, THERE WAS A $22 MILLION DECREASE IN THE COMMUNITY INVESTMENT PROGRAM, WHICH IS DUE PRIMARILY DUE TO NEW PROJECT FUNDING, OVER $18 MILLION, WHICH WAS THE TOWN HALL BUILDING AND FY22, THAT'S GOING AWAY WITHIN THE WINDOW.

IT'S ALREADY BUDGETED, AND IF YOU LOOK AT BACK, YOU CAN SEE IT'S BEING BUILT.

THE PROPOSED BUDGET INCLUDES FUNDING OF HEALTH INSURANCE BENEFITS FOR ALL VACANT POSITIONS.

IF YOU REMEMBER, WE DISCUSSED THIS DURING OUR WORKSHOP.

PREVIOUSLY, IF WE ADD VACANT POSITIONS, WE DIDN'T BUDGET FOR HEALTH CARE.

WE'RE ACTIVELY RECRUITING TO FILL THOSE VACANCIES, SO WE FELT THAT PRUDENT TO GO AHEAD AND BUDGET FOR THOSE BENEFITS ASSUMPTIONS.

ALSO, THE COUNCIL IS APPROVED LATER THIS SUMMER OR 7.5 PERCENT INCREASE IN WATER RATES AND A SEVEN PERCENT STORMWATER RATE INCREASE THAT'S INCLUDED IN THE BUDGET.

FOR THE GENERAL FUND AGAIN, AD VALOREM REVENUE 13.11 PERCENT INCREASE AND ASSESS VALUES FOR A TOTAL OF JUST OVER THREE MILLION DOLLAR INCREASE IN GENERAL FUND OPERATING.

THERE HAS BEEN A SLIGHT INCREASE IN UTILITY TAX REVENUE.

INTERGOVERNMENTAL REVENUE, JUST SHY OF HALF-A-MILLION DOLLARS, WHICH INCLUDES SALES TAX REVENUE AND STATE SHARED REVENUES.

SOLID WASTE INCREASE, WHICH IS THE ONE OF THE LARGEST INCREASES THAT YOU'LL SEE IN THE GENERAL FUND BUDGET WAS $2.2 MILLION. THAT'S A PASS-THROUGH.

JUST TO REITERATE THAT, YOU SEE THOSE REVENUES COMING IN AND THEN THERE'S AN EXPENSE ON THE GOING OUT TO WASTE MANAGEMENT.

FUND BALANCE USAGE, YOU CAN SEE THAT WE'RE USING SOME OF OUR FUND BALANCE $550 MILLION PRIMARILY, THAT IS FOR THE SALARY INCREASES THAT WAS REQUESTED BY COUNCIL.

THERE WAS A ONE PERCENT INCREASE FOR THE EMPLOYEES ALONG WITH THE SUBSIDY, SO THOSE ARE A ONE-TIME COST.

ONE THING I WANT TO POINT OUT THAT WAS ALSO BROUGHT UP BY COUNCIL THAT I NEGLECTED TO MENTION EARLY ON IN THE PRESENTATION WAS THE COUNCIL HAD INQUIRED ABOUT THE RANGES OF THE EMPLOYEES THAT YOU SEE IN THE BACK OF YOUR BUDGET BOOK.

AS PART OF THIS PROPOSAL FOR SECOND READING, WE INCREASE THAT END RANGE BY FIVE PERCENT.

THE BEGINNING OF THE RANGE STAYED THE SAME.

THE ENDING OF THE RANGE, WE INCREASE FIVE PERCENT.

THERE WERE 25 EMPLOYEES WITHIN THE TOWN THAT WOULD HAVE BEEN KEPT OUT.

WHAT WOULD ESSENTIALLY OCCURRED IS THEY WOULD HAVE RECEIVED TWO PERCENT IN THEIR BASE PAY AND THEN A THREE PERCENT ONE-TIME PAYMENT FOR A TOTAL OF FIVE PERCENT, BUT THIS ALLOWS FOR THE TOTAL OF FIVE PERCENT TO ROLL INTO THEIR BASE SALARY.

ON THE EXPENDITURE SIDE,

[00:10:01]

YOU CAN SEE THE LARGEST ONE IN THE GENERAL FUND IS THE SOLID WASTE INCREASE OF 2.2 MILLION DOLLARS.

THERE'S A NUMBER OF ITEMS THAT ARE IN HERE, THAT ALSO SALARY AND OVERTIME INCREASES JUST SHY OF A MILLION DOLLARS, BENEFIT COSTS OF $656,000.

THE INFLATIONARY SUBSIDY, THAT'S ACROSS ALL FUNDS, NOT JUST THE GENERAL FUND, ABOUT $476,000.

THEN $850,000 HAVE BEEN BUDGETED FOR NEW TOWN HALL FURNITURE AND FIXTURES, WHICH INCLUDES CABLING AND PHONE SYSTEMS AND THOSE TYPE OF THINGS.

THE WATER FUND, AGAIN, EARLIER OR LATER THIS SUMMER, THE COUNCIL APPROVED A 7.5 PERCENT WATER RATE INDEXING INCREASE.

REVENUE NET INCREASE OF 105 PERCENT OVER LAST YEAR DUE TO CUSTOMER DEMAND AND RATE INDEXING FOR INFLATION AND ALSO ASSUMES A ONE PERCENT GROWTH IN CUSTOMERS.

ON THE EXPENSE SIDE, FIVE PERCENT SALARY INCREASES IN THE 2800 INFLATIONARY SUBSIDY FOR THE EMPLOYEES.

THAT'S AGAIN, IT'S CROSS ALL FUNDS, THERE'S A $3.7 MILLION INCREASE IN COST PRIMARILY DUE TO INFLATION AND SUPPLY CHAIN ISSUES.

WE'VE TALKED ABOUT THAT ALL SUMMER.

IN RELATION TO THINGS HAPPENING AT THE PLAN FOR THE CHEMICALS, YOU ALL HAVE APPROVED A NUMBER OF CHANGE ORDERS RELATING TO THAT.

ALSO, THERE'S BEEN AN INCREASE IN UTILITY SERVICES COSTS OF $159,000 PRIMARILY DUE TO A RATE INCREASE AT FP&L.

THEN THE CHEMICAL COSTS AT $1.9 MILLION, 196 PERCENT INCREASE IN CHEMICAL COST.

I KNOW DAVID IS ACTIVELY WORKING THAT ISSUE.

THE STORM WATER FUND, SEVEN PERCENT RATE INCREASE, A ONE PERCENT ASSUMPTION IN GROWTH AND CUSTOMERS.

ON THE EXPENSE SIDE, WE'VE, AGAIN, HAVE THE SALARY INCREASES PLUS THE INFLATIONARY SUBSIDY.

ALSO, THERE'S JUST OVER $96,000 INCREASE DUE TO REPAIRS AND MAINTENANCE COSTS OVER FY22.

THE BUILDING FUND, WE'RE NOT SEEING A SLOWDOWN IN BUILDING PERMITS.

IN FACT, WE'RE SEEING A PROPOSED INCREASE OVER FY22 BY ABOUT $600,000.

BUT THAT'S DUE TO THE ACTIVITY THAT WE'RE SEEING.

WE ARE SHOWING $585,000 COMING FROM RETAINED EARNINGS.

THAT IS PRIMARILY DUE TO ITEMS THAT'LL BE PLACED INTO THE NEW BUILDING, AND ALONG WITH THE SUBSIDIES.

THERE'S THE FIVE PERCENT SALARY INCREASE THAT WE JUST DISCUSSED PLUS THE $2,800 INFLATIONARY SUBSIDY.

THEN DEPARTMENTAL EXPENSES INCREASED BY OVER A MILLION DOLLARS.

FOR THE CIP, YOU'VE DONE A GOOD JOB IN REVIEWING THE CIP AND PLACING ITEMS IN THERE AND HAVING THEM FUNDED OVER THE FIVE-YEAR WINDOW.

LOOKING AT FY23 IS A STAND-ALONE, IT'S OVER $45 MILLION IN ONE YEAR.

TOTAL, $108 MILLION OVER THE FIVE-YEAR WINDOW FROM FY23-FY27.

IN SUMMARY, STAFF IS SEEKING APPROVAL ON SECOND READING OF THE PROPOSED OPERATING MILLAGE RATE OF 2.4633, THE DEBT SERVICE RATE OF 0.1501.

THAT WOULD BE ENACTED THROUGH ORDINANCE 10-22.

STAFF IS ALSO SEEKING APPROVAL ON SECOND READING OF THE PROPOSED COMMUNITY INVESTMENT PROGRAM THROUGH ORDINANCE 9-22 ON SECOND READING, AND THEN RESOLUTION 82-22 TO ADOPT THE TOWNS OPERATING BUDGET AND PAY PLAN FOR FY23.

WITH THAT, ARE THERE ANY QUESTIONS?

>> MAYOR, BEFORE WE HAVE ANY FURTHER DISCUSSION, I'D LIKE TO DO A FORMAL ROLL CALL.

MAYOR KURETSKI.

>> HERE.

>> VICE MAYOR DELANEY.

>> HERE.

>> COUNCILOR MANN.

>> HERE.

>> COUNCILOR SNIDER.

>> HERE.

>> COUNSELOR SUNDSTROM.

>> HERE.

>> TOWN MANAGER, KITZEROW.

>> HERE.

>> TOWN ATTORNEY, BAIRD.

>> HERE.

>> THANK YOU.

>> THANK YOU FOR KEEPING THIS GREAT.

ANYBODY HAVE ANY QUESTIONS? I HAVE JUST A COUPLE.

I DON'T THINK I HEARD EITHER ONE SAID, BUT I ASKED IT TO THE FIRST PUBLIC HEARING ABOUT THE POTENTIAL THAT THE REVENUES FROM FPL CUSTOMER WERE UNDER ESTIMATED OR UNDER FORECASTED, HAVE YOU MADE ANY CONCLUSIONS ABOUT HOW THAT COULD CHANGE?

>> I DID GO BACK AND LOOK AT THAT MAYOR, AND YES, THERE ACTUALLY COULD BE SOME MOVEMENT IN THE REVENUES BASED ON SOME ASSUMPTIONS.

THERE COULD BE AN INCREASE OF APPROXIMATELY $347,000 IS WHAT I'M LOOKING AT IF WE WANTED TO MAKE THAT CHANGE THIS EVENING.

[00:15:03]

>> THEN SECONDLY, I HAD ASKED, BUT JUST TO GET ON THE RECORD, WHAT IS THE TOTAL ALL-IN COST FOR THE SUSTAINABILITY COORDINATOR, AND WHEN I SAY UNCONSCIOUS AND THE PUBLIC KNOWS YOU ASK A NUMBER, IT'S HOW WE USE ONE [OVERLAPPING]

>> SALARY AND BENEFITS JUST OVER $112,000.

>> OKAY. THANK YOU. DO WE HAVE ANY PUBLIC COMMENTS?

>> NO, MAYOR.

>> SEEING NONE, COME BACK TO COUNCIL FOR DISCUSSION. ANY DISCUSSION?

>> SURE. I'VE GOT SOME.

I ACTUALLY WANT TO ASK A COUPLE OF QUESTIONS WITH YOU, SCOTT, IF YOU DON'T MIND, AND JUST CLARIFY A FEW THINGS.

WE RECENTLY GOT NUMBERS IN THE NEWS ABOUT THE INFLATION ON AUGUST NATIONWIDE.

BUT CAN I ASK WHAT OUR REGIONAL INFLATION LEVEL IS?

>> IT'S OVER 13 PERCENT.

>> THIRTEEN PERCENT IS OUR LOCAL RATE OF INFLATION? THAT'S HIGHER THAN I EVEN THOUGHT, I DID NOT KNOW THAT.

WHAT REVENUE, BECAUSE THE TOWN RECEIVES A NUMBER OF DIFFERENT KINDS OF REVENUE, AD VALOREM BEING ONE OF THEM, HAVE ANY REVENUES BEEN REDUCED BECAUSE OF COVID OR ANY OTHER REASON?

>> WE HAVE SEEN REDUCTIONS, WE'VE TALKED ABOUT THIS AS FAR AS THE STATE SHARE AND ALSO THE SALES TAX, AND THOSE ESTIMATES ROLLING FORWARD, LOOKING FORWARD.

I KNOW PREVIOUSLY, THE COUNCIL HAS DONE SOME REDUCTIONS IN THEIR REVENUES RELATED TO BUSINESS TAX RECEIPTS GOING FORWARD.

BUT LOOKING OUT AND FY23, MAINLY THE MAIN INCREASE THAT WE'VE SEEN IS AD VALOREM DECREASES.

WE'VE BEEN LOOKING AT THE BUSINESS TAX THAT GOT REDUCED.

I'M SORRY, I DON'T HAVE ALL THOSE NUMBERS IN FRONT OF ME, BUT YEAH.

>> RECREATION, I BELIEVE WAS ONE WHERE THEY WRITE DOWN.

>> RECREATION WAS ONE BECAUSE OF THE LEVEL OF PARTICIPATION THAT WAS NOT OCCURRING.

BECAUSE A LOT OF THAT WAS DRIVEN BY STAFF, BEING ABLE TO HIRE STAFF TO COME IN.

THERE HAS TO BE SO MANY STAFF MEMBERS FOR THE CHILDREN THAT ARE COMING IN.

THERE'S BEEN A NUMBER OF THOSE TYPE OF THINGS.

>> DURING COVID, PREVIOUS COUNCILS, THEY CUT THE BUSINESS TAX RECEIPTS, THAT WAS $400,000 A YEAR AND THEN MADE IT PERMANENT.

WHICH MEANS IT'S NOT JUST ONE YEAR, BUT EVERY YEAR THAT 400,000 WOULD BE CUT.

IN ADDITION TO THAT, FOR SENIORS, THERE'S THE HOMESTEAD EXEMPTION.

CAN YOU SPEAK TO THAT.

I BELIEVE THE PREVIOUS COUNCIL PUT SOMETHING INTO PLACE FOR SENIORS.

>> FOR THE SENIORS. ACTUALLY, WE HAD A CITIZEN THAT HAD ACTUALLY BROUGHT THAT BEFORE THE TOWN COUNCIL AND ASKED FOR THAT TO BE DONE WHERE THERE IS A SENIOR EXEMPTION BASED ON INCOME.

WE CURRENTLY PROVIDE THAT TO ELDERLY RESIDENTS AS LONG AS THEY MEET A CERTAIN CRITERIA.

>> THAT'S STILL IN EFFECT TODAY?

>> THAT IS STILL IN EFFECT TODAY.

>> NOT JUST THE TIME OF COVID?

>> YES.

>> LET'S SEE. OUR MILLAGE RATE, I'VE SAID BEFORE THAT OUR MILLAGE RATE IS RELATIVELY LOW.

IN THE COUNTY, IT'S REALLY HARD TO SHOW THIS BECAUSE SOMETIMES YOU CAN PLAY WITH NUMBERS.

DOES IT INCLUDE FIRE FOR EXAMPLE, OUR MILLAGE OF 2.4633 DOES NOT INCLUDE THE MSTU, SO IT'S A TECHNICAL THING, BUT I THINK I'D LIKE TO PULL UP A SLIDE, IF POSSIBLE, FROM THE TOWN OF PALM BEACH.

THEY HAD IN THEIR LONG-TERM FINANCIAL PLAN, I THOUGHT, WHAT WAS THE BEST ILLUSTRATION OF MILLAGE BECAUSE IT'S THE TOTAL MILLAGE.

THE TOWN OF JUPITER HAS JUST ONE TAXING AUTHORITY.

A PROPERTY TAX BILL ONLY 14 PERCENT OF IT GOES TO THE TOWN, THE REST GOES TO THE SCHOOL DISTRICT, GOES TO THE COUNTY, GOES TO A NUMBER OF OTHER TAXING AUTHORITIES.

THIS WOULD BE THE TOTAL MILLAGE ACROSS ALL OF THOSE TAXING AUTHORITIES FOR VARIOUS MUNICIPALITIES.

IN PALM BEACH, OF COURSE, WOULD HAVE THIS IN THEIR PLAN BECAUSE THEY'RE THE LOWEST.

BUT YOU'LL SEE THAT JUPITER IS ALSO FAIRLY LOW.

IN BUDGET HEARINGS ACROSS THE COUNTY, WHICH I'VE FOLLOWED, YOU'LL SEE BOCA RATON ACTUALLY HAD A SIMILAR PRESENTATION TALKING ABOUT THEIR RELATIVE MILLAGE.

OUR MILLAGE RATE IS ONE OF THE LOWEST IN THE COUNTY.

IF YOU LOOK AT GULF STREAM, CLOUD LAKE, POPULATION, 400, POPULATION, 885.

[00:20:01]

THOSE ARE, I DON'T KNOW, IF WE'D CALL THEM FULL-SERVICE MUNICIPALITIES AND I'M NOT SURE HOW TO FIND IT OR HOW YOU'D COMPARE IT.

BUT IF YOU LOOK AT BOCA, IF YOU LOOK AT THAT, WE DO HAVE ONE OF THE LOWEST MILLAGE RATES IN THE COUNTY.

IF I REMEMBER, IN OUR SURVEY, THE CITIZEN'S SURVEY, WE ALSO HAD SOME OF THE HIGHEST RESULTS FROM RESIDENTS.

>> NATIONALLY.

>> NATIONALLY. CAN YOU SPEAK TO THAT OR IS THERE A STAFF MEMBER THAT COULD SPEAK TO, I DON'T KNOW IF THEY'RE AVAILABLE, BUT IF NOT, THAT'S FINE.

DON'T WORRY ABOUT IT.

NATIONALLY, WE HAVE DONE VERY WELL RELATIVE TO OTHER CITIES AND TOWNS IN TERMS OF CITIZEN, APPROVAL OF THIS TOWN'S PERFORMANCE.

I JUST ALSO WANT TO SAY, IN ADDITION TO OUR RELATIVE POSITION IN THE COUNTY, CAN I PLEASE SEE THE SLIDE WITH OUR HISTORY OF OUR MILLAGE RATE GOING BACK TO 2004 IF POSSIBLE.

THIS IS THE TOWN OF JUPITER'S MILLAGE RATE FOR WHAT WE CONTROL INCLUDES GENERAL OBLIGATION DEBT SERVICE AND HAS OUR TOTAL TOWN VILLAGE.

WHEN I LOOK AT THIS, I SEE.

WHAT IS THE 2022 TOTAL TOWN MILLAGE? I'LL HAVE TO LOOK AND SEE.

IT'S LOWER THAN THE 2021.

>> THEY WENT DOWN SLIGHTLY BECAUSE THE DEBT SERVICE WENT DOWN.

>> THE DEBT SERVICE IS DOWN. GOING BACK TO 2004, THIS IS THE LOWEST TOTAL MILLAGE WE'VE HAD, WITH THE EXCEPTION OF ONE YEAR, 2008.

WE QUICKLY HAD TO RAISE THE MILLAGE.

YOU'LL SEE THAT WAS ONE OF THE FEW TIMES THAT WE RAISE THE MILLAGE GOING INTO 2009, 2010.

IF IT'S LOWERED, IT WAS QUICKLY RAISED. IS THAT CORRECT?

>> YES.

>> OKAY. WE HAVE ONE OF OUR LOWEST MILLAGE RATES IN SEVERAL YEARS.

WE HAVE A LOW MILLAGE RATE RELATIVE TO OTHERS IN THE COUNTY LOOKING AT TOTAL MILLAGE, IS THAT CORRECT?

>> YES.

>> OKAY. WE HAVE A LEVEL OF INFLATION THAT I THOUGHT WAS 10 PERCENT, BUT I'M HEARING IS 13 PERCENT, WHICH IS REALLY HIGH.

INFLATION IS NOT DISCUSSED WHEN YOU TALK ABOUT AD VALOREM TAXES.

IT DOESN'T ACCOUNT FOR INFLATION AND THE ROLLBACK RATE WOULD BE GOING BACK TO THE SAME NUMBER OF DOLLARS WE HAD LAST YEAR AND IT WOULD NEVER MAKE SENSE BECAUSE WE HAVE SUCH AN ENORMOUS INFLATION THAT IMPACTS ALL OF GOVERNMENT.

WE ALSO HAVE TO PAY FOR GASOLINE FOR TOWN VEHICLES, WE HAVE TO PURCHASE SEVERAL POLICE VEHICLES.

WE TALKED ABOUT THERE, REPLACEMENT COST BEING HIGHER.

ALSO, THE BASKET OF GOODS THAT A LOCAL GOVERNMENT HAS IS VERY DIFFERENT FROM A RESIDENT.

WE DON'T BUY GROCERIES.

THAT'S ONE ITEM THAT WE HAVEN'T SEEN COSTS RISE THEM, BUT WE DO BUY WATER, CHEMICALS, WHICH HAS A 200 PERCENT INCREASE.

SO IT'S NOT JUST INFLATION, IT'S ALSO SUPPLY CHAIN ISSUES.

THERE ARE A NUMBER OF CHALLENGES THAT THE TOWN IS FACING IS MY UNDERSTANDING.

I SEE REVENUE DOWN IN SOME AREAS.

I SEE INFLATION LOCALLY BEING EVEN HIGHER THAN THE NATIONAL AVERAGE.

I SEE OUR RELATIVE MILLAGE LOW IN THIS COUNTY AND TO OUR OWN POSITION.

IF YOU COMPARE US TO OURSELVES GOING BACK TO 2004, I SEE A VERY LOW MILLAGE RATE.

I THINK THIS TOWN IS ALWAYS AS A CULTURE RUN LEAN AND THEN PROUD OF THE RESULTS THAT THEY'VE ACHIEVED BECAUSE OF THAT, WHILE DOING THAT, WHILE RUNNING LEAN.

I ALSO THINK THAT WE REALLY TRY TO LISTEN TO RESIDENTS WE'VE SAID THAT MANY TIMES.

I REMEMBER LAST YEAR, ONE YEAR AGO, ALMOST TO THE DAY THIS CHAMBER WAS FULL.

IT WAS ABSOLUTELY FULL AND IT WAS DIFFICULT MEETING FOR THAT PREVIOUS COUNCIL AND PREVIOUS TOWN MANAGER.

I THINK THE LESSON LEARNED FROM THAT MEETING WAS WE NEED TO TAKE CARE OF PEOPLE.

I THINK WHAT WE'RE DOING NOW IS WITH STAFF, WITH THE SUBSIDY, WITH HEALTH INSURANCE, WITH ALL THAT WE'RE DOING IN THIS BUDGET, WE'RE TAKING CARE OF PEOPLE AND SO I THINK WE'RE LISTENING.

I THINK WE HAVE A STRONG POSITION.

I THINK BECAUSE OF THESE THINGS, I'M SUPPORTIVE OF KEEPING THE MILLAGE RATE FLAT.

I THINK IN THIS TIME IT'S [NOISE] A HARD DECISION AND I DON'T TAKE IT LIGHTLY.

I THINK THIS COUNCIL HAS SPENT DAYS AND NIGHTS THINKING ABOUT THIS.

[00:25:01]

WE ARE UNIQUELY JUPITER.

WE RUN LEAN.

WE HAVE GREAT RESULTS FOR HALLOWEEN.

WE ARE AND I DON'T WANT TO TIP INTO A PLACE GOING INTO A DIFFICULT SEASON.

CERTAINLY, WE CAN THINK THAT NEXT YEAR IS GOING TO HAVE A FEW SURPRISES POTENTIALLY, BUT I DON'T WANT OUR MARGINS TO BE ANY THINNER THAN THEY ARE.

I THINK THE THEME OF THIS YEAR FOR ME IS RESILIENCE.

I WANT OUR BUDGET AND FINANCIAL POSITION TO BE RESILIENT.

I LOOK FORWARD TO FINDING OTHER OPPORTUNITIES TO CUT ALWAYS BUT IN THIS CASE, AT THIS TIME WITH THIS TOWN AND ITS UNIQUE POSITION, I WOULD SUPPORT KEEPING IT FLAT.

I HOLD OPINIONS.

I HOLD STRONG OPINIONS, BUT I HOLD THEM LOOSELY.

IF THERE'S ANY OTHER FACTOR, PIECE OF INFORMATION THAT COMES TO LIGHT, I DO IT WITH AN OPEN MIND.

I LOOK FORWARD TO THE DISCUSSION ON THIS BECAUSE I KNOW IT'S BEEN A SUBJECT OF A LOT OF DISCUSSION LATELY. THANK YOU.

>> I AGREE WITH EVERYTHING THAT YOU SAID.

AS I SAID BEFORE, I'M NOT COMFORTABLE GIVEN THE CURRENT ENVIRONMENT IN GOING AHEAD AND LOWER THE MILLAGE RATE.

I ALSO THINK THAT THE STAFF HAS DONE AN EXCELLENT JOB ADDRESSING ALL THE PRIORITIES IN THE BUDGET.

FOR ME, THE THEME OF THIS BUDGET WAS INVESTING IN PEOPLE AND INFRASTRUCTURE AND ALL THE PROJECTS THAT WERE INVESTED IN BEFORE.

WE HAD A PERIOD OF TIME WHERE WE DIDN'T REALLY DO THAT AND WE SAW WHAT HAPPENED AND IT WASN'T GOOD.

SO FOR ME, IT'S BEEN VERY IMPORTANT IN THIS BUDGET TO GET BACK ON AN EVEN KEEL.

TAKE CARE OF THE PEOPLE WHO WORK HERE, TAKE CARE OF THE PROJECTS THAT WERE SAT ON THE SIDELINES FOR YEARS.

I THINK WE DO THAT RESPONSIBLY IN THIS BUDGET.

I REALLY DON'T SEE ANYTHING THAT WE COULD LOOK AT TO TRIM OTHER THAN IF WE WANT TO TAKE A CLOSER LOOK AT THE TOWN HALL PROJECT AND IF WE WANTED TO TAKE PHASE IN SOME OF THE NEW FURNITURE OR TAKE A SECOND LOOK AT SOME OF THE FINISHES AND FIXTURES.

WE HAVE A $26 MILLION BUILDING AND MAYBE WE CAN SQUEEZE A LITTLE BIT OUT OF THAT $900,000 SET ASIDE FOR RESERVES.

IF WE WANT TO HAVE THINGS BE TIGHTER, THAT'S A PLACE I WOULD THINK WE COULD LOOK.

BUT OTHERWISE, I THINK WE SHOULD STICK WITH WHAT WE HAVE AND I THINK THAT THE FLAT MILLAGE RATE IS THE RESPONSIBLE WAY TO GO.

>> I AGREE WITH BOTH MY COLLEAGUES AND THEIR PREVIOUS COMMENTS AND I THINK TO LOOK AT CUTTING OR TRIPPING [NOISE] THE TOWN BUDGET, I THINK THAT'S SOMETHING WE SHOULD LOOK AT MAYBE NEXT FEBRUARY, MARCH DURING STRATEGIC PLANNING.

WE'VE BEEN CHEWING ON THIS FOR MONTHS AND I WANTED TO LOOK AT THE 1 PERCENT DECREASE IN THE AMOUNT OF WHAT YOU'RE GOING TO PUT IN HOMEOWNER'S POCKET, WHICH IS ABOUT $15 COMPARED TO WHAT WE'RE FACING IN THE FUTURE WITH THE SUPPLY CHAIN ISSUES AND DEFLATION, WHICH I SEE NO END IN SIGHT.

I'M PERSONALLY, I'M IN THE FOOD BUSINESS.

YOU CAN GAUGE ALL THAT BY FUEL AND FOOD AND WHY PRICES AREN'T COMING. I ASK MY SUPPLIERS ALL THE TIME ANYTHING COMING IN, ANY GOOD NEWS. BUT IN TO NO.

WE HAVE A PPA CONTRACT IF IT GETS APPROVED, THAT ADDS 0.5 MILLION A YEAR TO THE BUDGET.

AS COUNSELOR, CENTRUM SAID, WE ELIMINATED THE PTR TAX RELIEF BONUSES FOR THE EMPLOYEES, AND WE REDUCE SOME WATER FEES DURING COVID FOR SOME SELLERS.

>> WE DID.

>> BEING AN ARDENT FISCAL CONSERVATIVE, I ALWAYS WANT TO LOWER THE MILLAGE RATE.

WE HAD FEARS THAT WE HAD COVID, COULDN'T DO IT.

CAME OUT OF COVID, THINGS ARE LOOKING BETTER AND THEN THIS WHOLE STORM HIT US.

I JUST THINK IT WOULD BE PROVEN JUST TO KEEP IT FLAT AND SEE WHERE WE ARE IN THE NEXT YEAR AND WHAT WE'RE GOING TO BE LOOKING AT.

THAT'S PRETTY MUCH AND I REALLY WORKED THIS, CHEWED ON THIS IN TUNE ON IT.

BUT I THINK I'M JUST GOING TO GO WITH KEEPING IT FLAT.

>> WELL, ONE OF THE THINGS TO POINT OUT TOO, THAT WAS IMPORTANT WHEN YOU LOOK BACK IN 2000 AND I BELIEVE IT WAS 2007, JUST HIT ME WHILE I WAS SITTING HERE WATCHING OR LOOKING AT THE CHART.

2004 ACTUALLY, JUST LOOKING AT THE OPERATING MILLAGE, YOU'RE LOOKING AT 2.6195 FOR THE OPERATING MILLAGE, AND WE'RE SITTING HERE AT 2.4633.

WE'RE STILL LOWER THAN WE WERE BACK IN 2004 ON THE MILLAGE ITSELF.

THAT'S AN ACCOMPLISHMENT.

WE DID LOWER, WE DID HAVE TO GO BACK UP DURING A RECESSION.

THERE WERE SOME TOUGH TIMES, I WAS HERE.

THE COUNCIL HAD TO MAKE SOME VERY TOUGH CHOICES RELATED TO CAPITAL AND THEN OPERATING.

[00:30:04]

THERE WERE A LOT OF VERY TOUGH DECISIONS THAT HAD TO BE MADE WITH STAFF.

ALSO REDUCTION IN CAPITAL EXPENDITURES, WHICH AGAIN, THOSE ARE THE THINGS THAT THE RESIDENCY RELATING TO SIDEWALKS AND ROADS AND PLAYGROUNDS.

THEN LOOKING FORWARD AGAIN, WE DID REDUCE AND WE'VE STAYED FLAT SINCE THAT TIME, AND THAT WAS BACK IN 2016 WHEN WE SAW THIS OTHER EXPONENTIAL GROWTH IN THE MILLAGE OF OVER 10 PERCENT.

BUT WE'VE STAYED RELATIVELY FLAT.

WE'VE ALWAYS TAKEN THE CONSERVATIVE ROUTE TO YOUR POINT.

I JUST WANTED TO POINT THAT OUT.

WE'VE ALWAYS BEEN VERY CONSERVATIVE ON LIKE HOW WE BUDGET.

THEN WE HAVE THE CITIZEN'S SURVEY THAT COMES OUT ON HOW WELL THE TOWN IS PERFORMING FOR ITS RESIDENTS.

I JUST WANTED TO TAKE A SECOND AND POINT THAT OUT BASED ON YOUR CONSERVATIVE DISCUSSION.

>> I APPRECIATE THAT. I DON'T WANT THIS COUNCIL TO EVER BE IN A POSITION WHERE WE HAVE TO START CUTTING SERVICES, LAYING OFF EMPLOYEES, OR EVEN RAISING THE MILLAGE RATE.

RAISING THE RATE IS NEVER EVEN IN MY LEXICON.

I DON'T WANT THAT HAPPENING.

I THINK BANG FOR THE BUCK, WHAT WE BRING IN AND THE SERVICES THAT OUR STAFF PROVIDES, I THINK WE SET THE BENCHMARK AND I THINK ANY MUNICIPALITY THAT OUT THERE LOWERING TAXES, THEY'RE PROBABLY GOING THROUGH A GROWTH PHASE WHICH WERE COMING OUT OF, SO WE DON'T HAVE THAT LUXURY ANYMORE.

WE HAVE TO BE VERY CAREFUL.

I'M JUST LOOKING DOWN THE ROAD.

I ALWAYS WANT TO CUT, BUT I DON'T THINK THIS IS NOT THE YEAR TO DO IT. THANK YOU.

>> I HEARD ONCE YOU CAN HIDE AND GROW SOMETIMES.

I THINK WHEN YOU'RE FORCED TO FACE LOW GROWTH RATES BUILD OUT YOUR GOVERNANCE REALLY COMES THROUGH.

WE'VE HAD THAT FOR A WHILE NOW.

WE'VE HAD TO BE THOUGHTFUL ABOUT IT BECAUSE WE ARE MORE MILLAGE-DEPENDENT POTENTIALLY.

IT IS SOMETHING TO THINK ABOUT.

>> THE OTHER THING IS, THE RESIDENTS HAVE SAID OVER AND OVER AGAIN THAT THEY WANT JUPITER TO REMAIN A RESIDENTIAL BEACH TOWN.

WE'RE NOT PALM BEACH GARDENS, WITH ISSUES DEVELOPMENTS COMING IN, BRINGING REVENUE IN THE DOOR.

WE HAVE TO LEARN TO LIVE WITHIN THE MEANS THAT WE HAVE AND THIS IS CLOSE TO THE MILLAGE AND THE REVENUE STREAMS ARE GOING TO GET.

I THINK IT'S IMPORTANT THAT WE RECOGNIZE THAT AND NOT TRY TO CUT OTHER JURISDICTIONS CAN CUT BECAUSE THEY HAVE MORE COMING IN, BUT THAT'S NOT REALLY GOING TO BE US.

>> IT'S COMPARING APPLES TO ORANGES AT SOME POINT, SINCE IT IS A VERY UNIQUE TOWN.

TO BE HONEST WITH YOU, I DON'T REALLY CARE WHAT OTHER MUNICIPALITIES DO, WE'RE RUNNING JUPITER AND WE'RE RUNNING IT LEAN, AND NOT MEAN. [LAUGHTER]

>> EXACTLY.

>> DO YOU HAVE A THING YOU WANT TO SAY?

>> COUNCILOR SUNDSTROM, YOU NAILED IT WITH WHAT YOU BROUGHT UP.

[NOISE] GROWING UP HERE, I WAS AFFORDED SOME OF THE BEST OPPORTUNITIES, PROTECTED BY THE BEST POLICE DEPARTMENT, AND WE [NOISE] HAD ALL THE DIFFERENT AMENITIES AVAILABLE TO US WITH THE PARKS AND THE ATHLETIC FACILITIES AND I REALLY LIKED THAT.

THAT JUST SHOWS HOW WELL THE TOWN OF JUPITER IS RUN.

THAT'S AN OWE TO STAFF FOR YOU GUYS BEING ABLE TO DO THAT ON THE BUDGET THAT YOU'RE GIVEN.

TO ME, MAINTAINING FLAT IS FINANCIALLY THE MOST PRUDENT THING TO DO.

AS MUCH AS I'D LOVE TO BE ABLE TO CUT TAXES AND STUFF, LIKE I SAID ALL ALONG, WE DON'T HAVE A CRYSTAL BALL.

WE DON'T KNOW WHAT NEXT YEAR, THE YEAR AFTER THAT IS GOING TO BRING.

THE LAST THING I WOULD WANT TO DO IS CUT OUR MILLAGE RATE DOWN JUST TO RAISE IT BACK UP, JUST LIKE THIS ALL HAPPENED IN THE 2007 ERA.

I'M ALSO SUPPORTIVE OF MAINTAINING A FLAT MILLAGE RATE.

>> I'M GOING TO END DISCUSSION BUT AGNEW BECAUSE LAST MEETING WE VOTED FOUR TO ONE, ON THIS.

I'M NOT IN SUPPORT OF, I WANT TO MAKE SOME COMMENTS, BUT I'M NOT DEBATING IT.

WE ALL SAID OUR PIECE, SO I'LL TAKE A MOTION IN A SECOND AND I'LL JUST MAKE MY COMMENTS ON THE RECORD AND THEN WE CAN CALL THE VOTE.

CAN I HAVE A MOTION ON THE FLOOR?

>> MOTION TO APPROVE ORDINANCE 10-22?

>> SECOND.

>> I GUESS CAN WE JUST READ IT SO I DON'T FORGET THAT, THE ORDINANCE.

>> ORDINANCE 10-22, THE MUNICIPAL TOWN COUNCIL, TOWN OF JUPITER, FLORIDA ADAPTING THE MILLAGE RATE TO BE LEVIED BY THE TOWN OF [NOISE] JUPITER ON TAXABLE, REAL, AND TANGIBLE PERSONAL PROPERTY WITHIN MEETING THEM FOR THE FISCAL YEAR BEGINNING OF OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, STATING A ROLLBACK MILLAGE RATE, STATING THE PERCENTAGE OF WHICH THE MILLAGE RATE EXCEEDS IF ANY, THE ROLLBACK MILLAGE RATE AND LEVYING AD VALOREM TAXES WHEN ALL TAXABLE, REAL, AND TANGIBLE PERSONAL PROPERTY IN THE TOWN OF JUPITER FOR THIS NET FISCAL YEAR.

>> THANK YOU. JUST A FEW COMMENTS.

AGAIN, I WANT TO PUT MY PERSPECTIVE ON THE RECORD.

COMMUNITIES, GOVERNMENTS THAT HAVE A HIGH TAX BASE OF THESE MILLAGE RATE,

[00:35:05]

BUT THE EQUALIZER IS THE DOLLARS PER RESIDENT, WHICH I BENCHMARKED IN THE PAST.

WE CAN'T PAT OURSELVES ON THE BACK AS MUCH IF WE REALLY LOOK AT DOLLARS PER RESIDENT, SO THAT'S NUMBER 1.

NUMBER 2, THIS IS THE TRACK RECORD THAT WE SHOW WE'VE BEEN ABLE TO DELIVER.

THE MILLAGE HAS GONE DOWN, YES, WE HAVE EXPERIENCED GROWTH.

ALSO VERY RESPONSIBLE, WE HAD FUN BALANCE BOTH SIGNIFICANTLY YEAR AFTER YEAR.

QUITE FRANKLY, WHILE WE WERE DOING THAT, IN MY MIND, I WAS ALWAYS DOING IT, RECOGNIZING THAT THERE'S GOING TO BE SOME EXTREME YEAR YOU MIGHT TAP INTO IT IF YOU CONCLUDE FOR POLICY DECISION, NOW'S THE TIME.

AGAIN, THIS CURRENT COUNCIL RIGHT NOW, THIS YEAR IS IN THE BEST CONDITION THE TOWN'S EVER BEEN IN DUE TO THE CURRENT FISCAL STEWARDSHIPS.

WE WENT THROUGH SOME YEARS WHERE WE WERE ABLE TO HOLD THE LINE BY CUTTING BACK ON DISCRETIONARY CAPITAL SPENDING.

I GUESS WHERE I GREW UP, I LEARNED EARLY ON, THE BEST TIME TO SAVE MONEY IS WHEN YOU'RE SPENDING IT.

OFTENTIMES, THE COUNCIL REALLY CAN DEAL WITH THE FLUCTUATIONS IN HOW MUCH MONEY WE HAVE.

BUT ANYWAY, NONETHELESS, I GUESS IN LAST MEETING, WE SAT HERE AND WE VOTED ON THE BUDGET, WE VOTED ON A TAX RATE.

I QUESTIONED, WE NOW HAVE HEARD THERE ACTUALLY IS PROJECTED MORE REVENUES FROM FPL, FROM STAFF'S PERSPECTIVE.

I THINK IT'S HIGHER THAN THAT, BUT NONETHELESS, THAT'S THE NUMBER.

I'M GOING TO BE ON THE RECORD.

I DON'T SUPPORT AND NEVER HAVE THE SUSTAINABILITY COORDINATOR AT $112,000. IT'S IN THERE NOW.

WE VOTE, WHATEVER, BUT I HOPE EVERYBODY ELSE WAVES IN ON THAT.

I'VE NEVER BEEN ABLE TO UNDERSTAND WHAT THE VALUE THAT AN INDIVIDUAL LIKE THAT'S GOING TO DO TO ME.

THEY'RE GOING TO COME UP WITH ON LIST AND WHERE TO SPEND MONEY.

I'M OPPOSED TO THAT POSITION AND WANT TO BE ON THE RECORD FOR THAT.

THAT'S $460,0000 RIGHT THERE THAT WASN'T ON THE TABLE TO CONSIDER COULD HAVE TRANSLATED POTENTIALLY TO TAX RATE CHANGE.

LESSON LEARNED, I LOVE IT.

SUMMARIZING, TAKING CARE OF PEOPLE.

YOU'RE SO RIGHT. I CERTAINLY HAVE ADVOCATED TO TAKE CARE OF OUR STAFF.

I WOULD HAVE GONE HIGHER.

BUT NONETHELESS, WE DID INCREASE OUR STARTING POINT.

CERTAINLY, I WAS SUPPORTIVE OF THAT.

BUT I FEEL LIKE THESE ARE SUCH INCREDIBLY TRYING TIMES, AND WHATEVER FEEL GOOD ABOUT WHY I'M NOT GOING TO VOTE FOR THE FLAT TAX RATE IS WE'VE DONE NOTHING FOR RESIDENTS.

WE'VE INCREASED THE WATER RATE, WE'VE INCREASED THE STORM WATER RATE, WE'VE INCREASED WASTE MANAGEMENT.

ALL THOSE ARE COSTS THAT WE INCURRED AND WE HAD TO PASS ON.

NOW WE'RE BLESSED WITH A TAX RATE INCREASE OR TAX BASE INCREASE THAT WE'RE GETTING A 13.1 PERCENT INCREASE IN REVENUES.

WE CAN SAY, HOW IS IT COMPARING AND WHATEVER TO OUR RESONANCE ARE FACING THE SAME THING.

WE HAD A STATISTIC THE OTHER DAY WHERE, AND THIS IS NOT JUPITER, THIS IS THE GENERAL PUBLIC.

BUT THE GENERAL PUBLIC OVER THE LAST YEAR HAS INCREASED THEIR CREDIT CARD DEBT 13 PERCENT BECAUSE THERE'S SO MANY PEOPLE OUT THERE THAT ARE IN SUCH HARDSHIP THAT THEY'RE BASICALLY HAVING A HARD TIME GETTING THEIR FAMILY OR WHATEVER.

WE CERTAINLY HAVE SOME OF THOSE IN THE THALAMUS, NOT KID OURSELVES ABOUT THAT.

AGAIN, I'M NOT TRYING TO WE ALL HAVE TO DECIDE, BE RELUCTANT TO DO THAT.

BUT THE NEWS ON THAT IS I REALLY FELT LIKE IF THERE'S ANY TIME THAT I WOULD TAP INTO RESERVE OR WHATEVER, OR DO SOMETHING EXTRAORDINARY THAT'S IN MY AUTHORITY TO DO, I WOULD DO IT.

I DO THINK THE LESSON LEARNED, WE DID TAKE CARE OF OUR VOTE STAFF, WHICH IS VERY IMPORTANT AND I CERTAINLY ADVOCATED THAT AS WELL AS ANYBODY.

BUT BY KEEPING A FLAT TAX RATE, WE'VE DONE NOTHING IN MY MIND TO HELP THE RESIDENTS.

ANYWAY, WITH THAT, [OVERLAPPING].

>> I JUST WANT TO CHIME IN ON THAT.

I DON'T THINK IT'S NECESSARILY ACCURATE TO SAY WE HAVEN'T DONE ANYTHING FOR THE RESIDENTS.

HOLDING FIRM IN A TIME WHEN THE COSTS ARE VERY UNCERTAIN AND INFLATION HERE IS 13 PERCENT AND WE DON'T KNOW WHERE IT'S GOING TO GO, IT'S GOING TO GO HIGHER, HOLDING FIRM IS TO WAIT AND MAKE SURE THAT WE DON'T END UP AT A HOLE LATER.

[00:40:01]

IF THERE WAS A SITUATION WHERE THE ECONOMIC SITUATION WAS BETTER AND COSTS WERE STABLE, THEN, YEAH, I WOULD AGREE WITH YOU.

WE WOULD GO AHEAD AND LOWER THE MILLAGE RATE.

THE PROBLEM IS THAT'S NOT THE SITUATION WE'RE IN AND WE'RE NOT EVEN AT THE TAIL END OF IT IF ANYONE CAN REASONABLY SAY.

FOR THAT REASON, I FEEL IT IS ACTUALLY HELPFUL FOR THE RESIDENTS THAT WE MAINTAIN THINGS AND HOLD FAST WHILE WE SEE WHAT HAPPENS.

AS COUNCILOR, VICE MAYOR DELANEY HAD SAID, NEXT YEAR, IF IT TURNS OUT THE SITUATION IS BETTER, WE CAN LOOK AT MAKING A REDUCTION, BUT I JUST CAN'T WITH ANY CONFIDENCE TODAY, SAY THAT IT IS REALLY IN MY BEST INTERESTS OF OUR RESIDENTS TO CUT THEIR MILLAGE RATE NOW WHEN THINGS ARE SO UNCERTAIN.

>> I UNDERSTAND.

>> RIGHT NOW, THIS IS A SNAPSHOT AND I WEIGHED THE $15 PER RESIDENT AS OPPOSED TO THE DECREASE FOR THE TOWN FUNDING AND NOT KNOWING WHAT'S COMING.

IT WAS UNEVEN, SO I JUST HAVE TO.

>> NO, I UNDERSTAND.

>> ERROR ON THE SIDE OF CAUTION AND I'VE SAID A MILLION TIMES, I'M ALL ABOUT STABILITY UP HERE AND I NEED TO KEEP THINGS SOLVENT AND FISCALLY RESPONSIBLE AND DO WHAT'S RIGHT FOR THE CONSUMER, WHICH IS THE JUPITER TOWN MAYORS.

I UNDERSTAND YOUR POINT ALSO.

>> BUT I ALSO TOOK MY POSITION KNOWING CONFIDENT MARK MY WORD, OUR FREE BALANCE WILL GO UP 2-4 MILLION DOLLARS THIS YEAR.

I CAN POINT OUT WHERE IT WILL COME FROM, BUT WITH THAT, LET'S CALL IT TO A VOTE. CALL AUDIENCE.

>> SORRY, I JUST WANTED TO MAKE A COMMENT AS WELL.

ALSO, IT'S IMPORTANT TO REMEMBER THAT WE DID CUT TAXES LAST YEAR OR THE YEAR BEFORE.

THAT'S THE BUSINESS TAX RECEIPTS FOR BUSINESSES.

WE HAVE TARGETED TAXES THAT WE'VE DONE, BUT WE'VE KEPT THEM.

THESE ARE RECURRING COSTS TO THE LOCAL GOVERNMENT THAT WE TAKE ON AND WE NEED RECURRING REVENUES, NOT ONE-TIME REVENUES TO MATCH THEM.

IN A WAY, IT'S TRYING TO RIGHT-SIZE OUR GOVERNMENT FOR THE FIXED COSTS THAT WE HAVE AND THEN LOOK TO DISCRETIONARY.

THERE ARE A LOT OF THINGS THAT ARE NOT IN OUR CONTROL AND THIS EXTERNAL ENVIRONMENT.

WITH WASTE-MANAGEMENT, WE HAD THREE BIDDERS.

WE PUT IT OUT TO BID, WE HAD THREE BIDDERS, WE HAD TO CHOOSE ONE.

WE CAN'T CONTROL EVERYTHING IN OUR EXTERNAL ENVIRONMENT AND IT'S INCREDIBLY FRUSTRATING.

I THINK I CAN SPEAK FOR EVERYONE HERE WHEN I SAY IT'S BEEN A HELL OF A SUMMER.

I DON'T THINK MANY COUNCILS HAVE AS MANY DIFFERENT FACTORS IN THEIR EXTERNAL ENVIRONMENT WHEN THEY'RE CONSIDERING BUDGETS.

I DON'T THINK ANYONE TAKES THIS LIGHTLY.

IT'S BEEN A REALLY ROUGH RIDE.

WE DO IT IN A VERY SOBER WAY.

WE UNDERSTAND THE PAIN, WE UNDERSTAND WHAT'S GOING ON IN RESIDENTS' LIVES AND IN GOVERNMENT'S LIVES, AND IN OUR SMALL BUSINESS LIVES.

ANOTHER WAY THAT WE MIGHT BE ABLE TO SAVE MONEY GOING FORWARD RELATED TO WATER BECAUSE WE HAD TALKED ABOUT THAT.

I'VE BEEN LOOKING AT INDEXING.

IT'S BEEN A THEME OF THIS YEAR FOR ME.

I DIDN'T KNOW THAT WE WEREN'T INDEXING.

ONE MORE THING I LEARNED, I WAS LOOKING AT CONNECTION FEES.

WE HAVE NOT BEEN INDEXING OUR CONNECTION FEES EITHER.

WE HAVEN'T BEEN DOING THAT SINCE 2009 AND THAT'S WHEN A LOT OF THE DEVELOPMENT WAS OCCURRING WAS BACK THEN, NOW WE'RE CLOSER TO BUILD OUT.

WE MAY BE ABLE TO POTENTIALLY BRING FORWARD A RESOLUTION TO BEGIN INDEXING THE CONNECTION FEES AND BECAUSE THAT WASN'T IN THE MODEL OF THE WATER PLAN, POTENTIALLY THEIR SAVINGS OR SOMETHING WE CAN DO THERE.

I KNOW THE MAYOR HAD TALKED ABOUT CONNECTION FEES BEFORE, SO THAT WAS SOMETHING THAT WAS NEW TO ME AND SOMETHING WE CAN CONSIDER GOING FORWARD.

AGAIN, WE DO THE BEST WE CAN WITH THE INFORMATION WE HAVE AS WE GO AND I THINK WE'VE ALL DONE OUR DUE DILIGENCE I'VE WORKED REALLY HARD IN TRYING TO PUT THIS TOGETHER AND SO I SUPPORT IT.

>> CALL ORDINANCE 10-22 ALL IN FAVOR SIGNIFY BY SAYING, AYE.

>> AYE.

>> MAY THE MOTION CARRY 4-1 WITH JIM K DISSENTING.

I THINK WE'VE FAIRLY WELL ALREADY SPOKE ABOUT THE OPERATING BUDGET AND PAY PLAN CORRECT, SO SAME COMMENTS WOULD APPLY THERE.

CAN I HEAR THE MOTION ON RESOLUTION 82-22?

>> MOTION TO APPROVE RESOLUTION 82-22.

>> SECOND.

>> MOTION AND A SECOND. ALL IN FAVOR SIGNIFY BY SAYING, AYE.

>> AYE.

>> MOTION CARRIES FIVE UNANIMOUSLY.

WE HAVE ORDINANCE 9-22 ON SECOND READING BEFORE US.

[00:45:04]

>> ORDINANCE 9-22, IN ORDINANCE TO THE TOWN COUNCIL, TOWN OF JUPITER, FLORIDA, AMENDING THE TOWN'S COMPREHENSIVE PLAN, TO UPDATE THE FIVE YEAR COMMUNITY INVESTMENT PROGRAM INCLUDED WITHIN THE CAPITAL IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN, PROVIDING FOR THE REPEAL LAWS AND CONFLICT, PROVIDING FOR SEPARABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

>> THANK YOU. I DIDN'T AGREE.

IT DIDN'T VOTE IN SUPPORT OF THIS ON FIRST READING, I'M KNOCKING ON SECOND READING.

I JUST WANT TO RE-EMPHASIZE THAT A FEW OF THE POINTS WHY I FEEL THAT WAY.

AGAIN, THIS GOES TO MY CORE THAT I TALKED ABOUT THAT THE BEST TIME TO SAVE MONEY IS WHEN YOU'RE SPENDING IT.

WE'RE AUTHORIZING SOME PROJECTS THAT TO ME I STILL THINK AND MAYBE WE'LL HAVE OPPORTUNITY TO DEAL WITH THAT GOING ON, BUT I WOULDN'T HAVE BEEN PUT INTO BUDGET.

IT'S INTERESTING WHEN YOU LOOK AT THE FIVE YEAR PLAN THAT WE GOT, IT INCLUDES WHAT THE INCREASE IN DAILY WORD DEMAND IS.

IT'S INTERESTING THAT OVER A 10 YEAR PERIOD FROM 2020-2030, 10 YEARS INCREASE, IT'S GOING TO BE A MILLION GALLONS PER DAY.

KEEP THAT IN PERSPECTIVE AS WE KNEW AND BUILD-OUT.

WHEN I LOOK AT THE NUMBER OF WELLS WE'RE GOING TO BE PUTTING IN WE'RE GOING TO BE SPENDING 9.1 MILLION ON SUFFICIENT AQUIFER WELLS AND 12.9 ON FLIRTING AQUIFER WELLS AND PIPING SYSTEM, SO THERE'S $22 MILLION ON WELLS.

JUST DOESN'T STAND TO REASON TO ME AS A PROFESSIONAL ENGINEER, THAT WE REALLY NEED THAT MANY WELLS AND WE CAN GET INTO REAL HEAVY DISCUSSION ON IT OR NOT BUT I'M JUST GOING TO POINT THAT OUT.

BECAUSE I STILL BELIEVE THAT WE'RE PROCEEDING LIKE WE'RE BUILDING OUT THE WELLS TO MATCH THE PLANT CAPABILITY, WHICH WE ALREADY KNOW AT BUILD-OUT IN 2040, WE'RE STILL GOING TO BE AT ONLY 80 PERCENT OF CAPACITY.

I DO THINK IT'S A LOT OF OPPORTUNITY ON THE CAPITAL SIDE TO DEFER EXPENDITURES, BUT IT HAS ALWAYS BEEN THE CASE THAT COUNCIL JUST GOES AHEAD AND IT NEVER COMES BACK, WHICH IS WHY I WILL NEVER VOTE TO EARMARK SOMETHING THAT'S SIGNIFICANT DOLLARS THAT I QUESTION.

THEN ON THE WATER DEEP WELL INJECTION, [NOISE] PROBABLY WE HAVE A CONSENSUS THAT WE SHOULD REALLY TAKE A CLOSER LOOK AT THAT, THAT'S A 20 PLUS MILLION DOLLAR TICKET ITEM.

WE'VE HEARD LOXAHATCHEE RIVER DISTRICT REPRESENTATIVE COME IN HERE AND SAYING, MAYBE THERE'S A WIN-WIN, WE CAN WORK OR NOT.

MAYBE THEY THINK THERE IS.

I BELIEVE THERE IS TOO, SO I'M GOING TO BE PURSUING THAT.

JUST MY APPROACH WOULD HAVE BEEN PUT IN THE BUDGET FOR ENGINEERING FOR FIRST YEAR, AND I WOULD HOLD OFF PUTTING BUT THAT'S JUST THE DIFFERENCE IN POLICY BEHAVIOR, IF YOU WILL.

THAT'S JUST THE WAY I'M USED TO MANAGING, SO WITH THAT, WE HAD A MOTION.

>> I WANT TO RESPOND TOO TO SOME OF THOSE THINGS.

JUST IN MY EXPERIENCE FROM ALL THE YEARS I SPENT IN THE TELECOM INDUSTRY BACK WHEN AT&T WAS JUST BEING BROKEN UP AND YOU HAVE THE DIFFERENT BELL OPERATING COMPANIES, I HAD A LOT OF CHANCE TO WORK WITH UTILITIES AND SEE WHAT HAPPENS WHEN INVESTMENTS AREN'T MADE PROPERLY IN THEIR NETWORK AND FACILITIES.

IT COMPOUNDS AND IT RELATES TO ISSUES MUCH LATER ON.

I ALSO THINK WHEN YOU LOOK AT RATES FOR UTILITIES AS A FROM THE FEDERAL GOVERNMENT OR PUBLIC SERVICE COMMISSION, WHAT YOU'RE LOOKING AT, IS TRYING TO BALANCE THE TENDENCY OF THE PRIVATE COMPANY TO MANAGE TO WALL STREET RETURN VALUE TO SHAREHOLDERS AND TO SOMETIMES THEY CAN HAVE GOLD PLATE WHAT THEY GIVE THE EMPLOYEES.

BUT THAT DOESN'T HAPPEN HERE BECAUSE THIS IS A NON-PROFIT ENTITY.

WHEN YOU LOOK AT THE RATES, WE'RE LOOKING AT WHAT DO WE NEED TO DO TO MAKE SURE THAT OUR SYSTEM REMAIN SOUND.

I THINK IT'S IMPORTANT THAT WE CONTINUE ON A STEADY PACE TO MAKE SURE MAKE THOSE INVESTMENTS.

WE HAVE SEEN THE WATER SIDE NATIONALLY RECENTLY, FLINT MICHIGAN AND JACKSON MISSISSIPPI, WHERE THEY DIDN'T DO THAT, AND THEN THEY RUN INTO PROBLEMS. ALSO WATER UTILITY IS VERY DIFFERENT FROM A TELECOM UTILITY OR EVEN AN ELECTRIC UTILITY.

A KILOWATT IS A KILOWATT, A DATA PACKET IS A DATA PACKET, BUT WATER ISN'T ALWAYS WATER.

YOU CAN HAVE THE SUPPLY, BUT IT MAY NOT BE USABLE AND YOU HAVE TO MAKE SURE THAT THE QUALITY IS THERE.

TO DO THAT, YOU HAVE TO HAVE THE INVESTMENTS.

ALSO SOMETIMES MUNICIPALITIES LOOK AT THAT MONEY SITTING IN THE R&R AND FINALLY GO, "LOOK AT ALL THIS MONEY, MAYBE WE CAN DO SOMETHING ELSE WITH IT." NOT UNDERSTANDING THAT MONEY NEEDS TO SIT THERE TO DO THE SLOW, STEADY WORK THAT NEEDS TO BE DONE TO MAKE SURE THAT THE NETWORK OR

[00:50:04]

FOR ME, I THINK WHAT WE HAVE SEEN FROM THE WATER UTILITY IS ACTUALLY A SOUND PRACTICE.

IF YOU WANT TO LOOK AT REDUCING COSTS, NO ONE EVER TALKS ABOUT THE TOWN HALL BUILDING.

WE HAVE 3.1 MILLION DOLLARS [OVERLAPPING] TO FINISH IT. [OVERLAPPING]

>> CAN WE STAY ON THE CIP?

>> THAT IS IN THE CIP.

I DON'T THINK WATER UTILITY IS THE PLACE TO LOOK FOR COST SAVINGS IF THAT IS SOMETHING THAT YOU'RE REALLY LOOKING FOR.

I WAS HAPPY WITH THE CIP BUDGET, I THINK THAT WAS A GOOD BALANCE AND GETTING A LOT OF PROJECTS DONE THAT HADN'T BEEN DONE BEFORE AND I DON'T THINK WE SHOULD BE TINKERING WITH THAT AND THAT INCLUDES THE WATER UTILITY.

>> JUST TO ADD TO THAT.

I'M INTERESTED ALSO WITH TALKING ABOUT THE DEEP INJECTION WELL IF WE CAN WORK OUT SOMETHING THAT'S ACTUALLY ON THE WATER THAT THEY WERE BUYING FROM US OR PURCHASING FROM US.

IN REGARDS TO THE WELLS, WELLS DON'T LAST FOREVER SO WE HAVE TO BE, AND SUFFICIENT FLUORINE AQUIFERS.

THEY GET DEPLETED SO TO STAY ON TOP OF THAT RESEARCH, IT TAKES A LONG TIME TO FIND WHERE WE CAN PUT A WELL, IT'S A LOT OF RED TAPE AND I JUST THINK IT'S NECESSARY.

YOU HAVE TO MOVE AROUND WHILE YOU'RE DRAWING YOUR RESOURCE FROM, BECAUSE A WELL DOESN'T LAST FOREVER.

I DON'T HAVE A PROBLEM WITH THE NEW WELLS AND THAT FUNDING.

WE HAVE SOME OF THE BEST WATER IN THE STATE, I REALLY WANT TO KEEP IT THAT WAY, I DON'T WANT TO SKIMP ON THAT.

>> YEAH.

>> THIS IS MUCH AS FAR AS I KNOW ABOUT THE ENGINEERING OF DRILLING WATER OFF THE GROUND. [OVERLAPPING]

>> I'M NOT SUGGESTING SKIMPING.

>> NO, I UNDERSTAND. [OVERLAPPING]

>> I'M SUGGESTING, THE DEMAND IS GOING TO GO ONE MILLION GALLON A DAY AND WE'RE GOING TO PUT IN $22 MILLION WORTH OF WELL SO DOESN'T MAKE SENSE, BUT WE OUGHT TO. [OVERLAPPING]

>> WE ALSO SUPPLY OTHER MUNICIPALITIES WITH THEIR WATER ALSO.

SOME OF THEM ARE GROWING, SO WE MAY BE SELLING THEM WATER ALSO.

>> BUT I'M GOING BY OUR PROJECTIONS.

>> OKAY. I UNDERSTAND.

>> I MAY ALSO ALSO SPOKE TO THE STRATEGY AS WELL AS HAVING MULTIPLE STRAWS.

I'M WORRIED ABOUT OUR RAW WATER QUALITY GOING FORWARD, BECAUSE THAT CAN REALLY IMPACT THINGS FOR THE QUALITY OF OUR WATER.

SPEAKS TO THAT STRATEGY.

>> CAN I HAVE A MOTION ON ORDINANCE 9-22. [OVERLAPPING]

>> A MOTION TO APPROVE ORDINANCE 9-22.

>> SECOND.

>> MOTION AND A SECOND.

DID I HAVE THAT READ ON SHORT TITLE?

>> YEAH, WE READ IT.

>> A MOTION AND A SECOND.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> NAY. THE MOTION PASSES 4-1 WITH JIM K DISSENTING.

THAT ENDS THE PUBLIC HEARINGS ON BUDGET, WE'LL MOVE TO CITIZEN COMMENTS.

[NOISE] DO WE HAVE ANY CITIZEN COMMENTS?

>> NO, MAYOR.

>> OKAY. MOVING ON TO THE MINUTES.

[4. September 6, 2022 Town Council Meeting Minutes.]

>> CORRECT.

>> CAN I GET A MOTION? ANY SECOND?

>> MOTION TO APPROVE IS AMENDED.

>> SECOND.

>> MOTION AND A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> [OVERLAPPING] AYE.

>> MOTION CARRIES UNANIMOUSLY.

MOVING ON TO THE CONSENT AGENDA.

[CONSENT AGENDA]

DOES ANYBODY WANT TO REMOVE THE ONE SINGLE ITEM ON THE CONSENT AGENDA? SEEING NONE, CAN I HAVE A MOTION?

>> MOTION TO APPROVE CONSENT.

>> [OVERLAPPING] SECOND.

>> MOTION AND A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> [OVERLAPPING] AYE.

>> MOTION CARRIES UNANIMOUSLY.

MOVING ONTO THE PUBLIC HEARING ON ORDINANCE II-22.

[6. Ordinance 2-22, First Reading, Bear’s Club - Quasi-judicial - Planned Unit Development (PUD) amendment for the Clubhouse and Cottage Site (Phase 1B) located within a 400.9 ± acre property, south of Frederick Small and west of Palmwood Road, known as the Bear’s Club PUD to add a freestanding Fitness Center Building Site and to request waivers to setbacks, lot coverage, wall height, minimum lot area and parking. (Second Reading – 10/20/22)]

WHAT AN HONOR AND A PRIVILEGE. [BACKGROUND] [NOISE]

>> LET ME INTRODUCE MYSELF.

I GO CAPKO.

>> JUST PRESS THERE A LITTLE BIT.

>> HERE WE GO.

>> FROM THE LAW FIRM OF LEWIS, LONGMAN, & WALKER, PINCH HITTING FOR MR. BARRETT BECAUSE OF A CLAIM OF A CONFLICT ON THIS UPCOMING MATTER.

>>THANK YOU. I JUST WANT TO GET THAT ON THE YOUR RECORD.

THIS IS A QUASI-JUDICIAL HEARING.

DOES ANYBODY ON THE COUNCIL WOULD EX PARTE DISCLOSURES?

>> NOTHING TO DISCLOSE.

>> I DO. I'VE HAD A COUPLE OF EMAILS FROM RESIDENTS,

[00:55:06]

I VISITED THIS SITE YESTERDAY.

I MET WITH BOB WESSELMAN AND WALKED THE GROUNDS OF THE PROPOSED SITE AND THEN THE COTTAGE AREA ADJACENT TO IT.

THEN I HAD A COUPLE OF PHONE CONVERSATION WITH THE TOWN MANAGER AND JOHN SICKLER FROM PLANNING AND ZONING.

>> I HAD A CONVERSATION WITH BOB WESSELMAN AND AS WELL AS GENERAL MANAGER AND WALKED THE GROUNDS.

I HAD A PHONE CALL WITH MB HAGUE AND I ALSO SPOKE WITH STAFF.

>> I JUST HAD A COUPLE OF EMAILS FROM RESIDENTS.

>> I DID RECEIVE AN EMAIL INVITATIONS TO MEET AND CHOSE NOT TO.

I DID HAVE A VERY BRIEF CONVERSATION WITH JOHN SICKLER ASKING ABOUT ANY SUGGESTIONS THAT STAFF MIGHT HAVE ON PUBLIC BENEFITS AND THEN ASKING FOR SOME CLARITY, AND I THINK WE MAY HAVE ALL GOTTEN WHAT THE PRESERVE AREAS WERE WITHIN THERE AND THAT WAS A RESULT OF MY ASK TO UNDERSTAND THAT.

WITH THAT, I THINK WE NEED TO SWEAR IN WHO'S EVER GOING TO GIVE TESTIMONY.

WILL YOU PLEASE STAND.

>> PLEASE RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IN THIS HEARING IS THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

>> YES.

>> WITH THAT, I THINK WE GO FIRST TO THE APPLICANT, CORRECT?

>> GOOD EVENING BOARD MEMBERS, THE MANAGER.

FOR THE RECORD, MY NAME IS MORRIS CRADY.

I'M VERY HAPPY TO BE HERE TONIGHT ON BEHALF OF THE APPLICANT, WHICH IS THE BEAR'S CLUB FAMILY PARTNERS.

I'M SEEING A PARTNER WITH PLACIDO AND ASSOCIATES THAT WERE A LAND PLANNING FIRM IN LANDSCAPE ARCHITECTURE FIRM BASED IN STEWART.

MY PARTNER AND I, THOMAS SITO, HAVE BEEN DOING WORK IN THIS AREA FOR OVER 40 YEARS AND WE'VE BEEN HONORED OR PRIVILEGED ENOUGH TO BE WORKING ON THIS PARTICULAR PROJECT SINCE IT WAS ORIGINALLY APPROVED IN THE YEAR 2001.

I DO HAVE A BRIEF PRESENTATION.

IT STARTS WITH THE GENERAL MANAGER, BOB WESSELMAN.

HE'S GOING TO GO OVER THE OVERALL PROJECT GOALS AND THEN HE'S GOING TO INTRODUCE THE ARCHITECTURE TEAM, WHICH IS PEACOCK AND LEWIS.

WE HAVE LINO IGO HERE WITH C. POLLO TO GO OVER THE ARCHITECTURAL PROGRAMMING AND THE BUILDING'S DESIGN.

THEN I WILL COME BACK TO GIVE YOU A BRIEF HISTORY OF THE PUD MASTER PLAN AND HOW IT'S TRANSPIRED OVER THE PAST 22 YEARS, AND THEN SEND IT BACK TO BOB TO TALK ABOUT PUBLIC BENEFITS THAT I'VE GONE OVER OVER THE YEARS.

BOB, IF YOU WANT TO COME UP THEN JUST GIVE THEM AN OVERVIEW OF THE PROJECT.

>> THANK YOU. MY NAME IS BOB WESSELMAN.

I AM THE GENERAL MANAGER AND CEO OF THE BEAR'S CLUB.

I REPRESENT THE BEAR'S CLUB FOUNDING PARTNERS.

I JUST WANT TO GIVE YOU AN OVERVIEW OF THE PROJECT BEFORE THE TECHNICAL CONVERSATION BEGINS.

BASICALLY, WHAT WE'RE LOOKING AT IS A PIECE OF LAND THAT IS CURRENTLY TWO SINGLE-FAMILY UNITS.

THEY WERE ORIGINALLY DEVELOPED.

THEY WERE GOING TO BE PART OF A 14 UNIT COTTAGE DEVELOPMENT.

THERE WERE FIVE UNITS BUILT OF THE ORIGINAL DEVELOPMENT, UNABLE TO FIND BUYERS FOR ANY ADDITIONAL COTTAGES.

IT WAS SOLD TO AN INDIVIDUAL WHO TURNED THEM INTO TWO SINGLE-FAMILY HOME SITES.

UNABLE TO FIND BUYERS FOR THOSE, THE BEAR'S CLUB FOUNDING PARTNERS STEPPED IN.

WE APPROACHED THEM. WE PURCHASED THE LAND FOR WHAT WE BELIEVE WOULD BE DESIRABLE RESIDENCE FOR OUR MEMBERS.

WE ARE HERE TO ASK FOR APPROVAL TO BUILD ON THE PROPERTY, TWO OR THREE TWO-STORY CONDO, SIX TOTAL LIVING UNITS TO BE DEVELOPED AND SOLD ALONG WITH ADDING A FITNESS CENTER TO THE BEAR'S CLUB AMENITIES.

FITNESS CENTER IS GOING TO BE BEAR'S CLUB.

THE SIX UNITS WILL BE SOLD.

THE RESIDENTIAL COMPONENT OF THIS, THE PROJECT CONCEPT WAS TO DEVELOP A SMALL HOUSING ENCLAVE LOCATED NEXT TO THE CLUB, BUT AWAY FROM OTHER HOMES.

MORE OF A CONVENIENT LIFESTYLE FOR INDIVIDUALS WHO ARE HERE SIX TO EIGHT MONTHS.

>> IF YOU WANT TO GO WITH THE SLIDE JUST TO GO TO THE NEXT SLIDE HERE.

>> HEY, THANK YOU. THERE YOU GO.

THE 1.27 ACRES THAT YOU SEE THERE IS THE SITE JUST NORTH OF THAT WHERE THE FIVE ORIGINAL COTTAGES THAT WERE DEVELOPED,

[01:00:05]

THEN MORRIS WILL GET MORE INVOLVED WITH THE TECHNICAL SIDE OF THAT, BUT WE'RE TAKING THIS AND DEVELOPING THAT INTO WHAT WOULD BE THREE BUILDINGS, SIX CONDOS, AND A FITNESS CENTER.

[NOISE] WE WANT TO DEVELOP THE PROJECT TO APPEAL TO THE CLUB'S MEMBERSHIP.

THE PREVIOUS COTTAGES AND VILLAS THAT WERE DEVELOPED WERE TOO SMALL.

THEY HAD TWO FLOORS AND WERE NOT A DESIRABLE PRODUCT FOR WHAT OUR CURRENT MEMBER IS LOOKING FOR.

WE WERE GOING TO BE FORWARD THINKING KNOWING THAT THIS DAY AND AGE, THE HOME IS ALSO A COMBINATION OFFICE FOR BOTH INDIVIDUALS.

WHEN WE WENT TO DESIGN THE BUILDINGS, WE TOOK OUR PERSPECTIVE BUYERS THOUGHTS AND DESIGNED THEM INTO THE FLOOR PLAN AMENITIES IN THE LIVABLE SPACE.

WE ALSO LOOKED AT WHAT WAS SELLING IN HIGH-END CONDO MARKET IN PALM BEACH COUNTY.

WE PRE-SOLD THE CONDOS TO EXISTING MEMBERS, FOUR OF THEM THAT ACTUALLY LIVE IN THE COMMUNITY.

THEY HELPED DESIGN WHAT WAS DESIRED ACCORDING TO THEIR LIFESTYLE.

TWO CARDS OR TWO OFFICES, TWO CAR GARAGES, NUMBER OF BEDROOMS, BATHROOMS, COMMON SPACE, OFFICES, ETC.

THE IDEA OF A SECLUDED ENCLAVE TUCKED AWAY, SURROUNDED BY THE GOLF COURSE AND THE PRESERVE WITH EASY ACCESS TO THE CLUB WAS VERY WELL RECEIVED BY THEM.

IF YOU LOOK AT THIS HERE, DIRECTLY OVER HERE IS GOLF COURSE, DIRECTLY OVER HERE IS PRESERVE, RIGHT HERE IS THE CLUBHOUSE.

IT'S ITS OWN LITTLE TUCKED AWAY SECTION.

THE COMMUNITY ARB HAD AN INITIAL OPENING MEETING WITH THE HOMEOWNERS, REVIEWING THE OVERALL LOCATION AND DESIGN OF THE FLOOR PLANS, AND IT WAS ALL POSITIVELY RECEIVED.

THE COMMUNITY ALSO WAS FAVORABLE TO OFFERING AN ALTERNATIVE LIVING OPTION FOR THE COMMUNITY.

[NOISE] CURRENTLY WHAT THEY OFFER ARE SINGLE-FAMILY HOMES, THESE PARTICULAR COTTAGES.

DOWN HERE, THESE ARE VILLAS WHICH ARE JUST BASICALLY A LARGER COTTAGE.

IN A VOTE TO CHANGE TO TWO LOTS AND BUILD THE CONDOS AND FITNESS CENTER, THE PLA HOMEOWNERS VOTED OVERWHELMINGLY TO APPROVE THAT.

THIS ENCLAVE THAT WE WANT TO BUILD IS SELF-SUFFICIENT WITHIN THE COMMUNITY, THE POA WILL DO ALL SERVICES AND MAINTENANCE.

THERE WILL BE NO OUTSIDE TRAFFIC COMING AND GOING, NO ADDITIONAL TRAFFIC GENERATED.

THE FITNESS CENTER COMPONENT OF THIS, WHICH WILL SIT ON THE NORTH SIDE UP HERE.

THE ORIGINAL CLUB WAS NOT DESIGNED TO INCLUDE A FITNESS CENTER.

THIS IS THE ORIGINAL CLUB UP HERE.

OVER TIME FITNESS IS NOW GOING TO BECOME AN IMPORTANT PART OF EVERYONE'S LIVES, IT'S ALSO INTEGRAL TO THE GAME OF GOLF.

IT'S AN AMENITY THAT BECAME IMPORTANT TO OUR MEMBERS AND WE NEEDED TO ADDRESS IT.

THE BEAR'S CLUB IS RECOGNIZED AS A WORLD-CLASS FACILITY AND THE MEMBERS DESERVE A FITNESS AMENITY THAT REFLECTS THIS.

OUR CURRENT FITNESS CENTER IS IN A CONVERTED STORAGE AND EMPLOY LOCKER ROOM WITHIN THE BUILDING.

IT DOES NOT MEET THE CURRENT NEEDS OF THE MEMBERSHIP OR REPRESENT THE QUALITY OF THE CURRENT FACILITIES AND AMENITIES OFFERED AT AN EXCLUSIVE GOLF CLUB.

THE CONCEPT FOR THE NEW FITNESS FACILITY WAS TO DEVELOP AN EXTENSION OF THE EXISTING CLUB THAT CREATED AN AMENITY WITH THE SAME WORLD-CLASS DESIGN AND PERSONALIZED SERVICE OFFERED AT THE CLUB.

FITNESS IN TODAY'S WORLD IS GEARED TOWARDS PERSONAL TRAINING, WE CURRENTLY HAVE NO ROOM FOR THAT.

ALTHOUGH MOST MEMBERS HAVE THEIR OWN FITNESS ROOM IN THEIR HOUSE, PERSONAL TRAINING, CORE TRAINING, AND GOLF TRAINING WILL BE A PRIMARY USE OF THE FACILITY ALONG WITH NORMAL WORKOUTS.

THE DESIGN WE'RE PROPOSING IS A TWO-STORY BUILDING.

THE FIRST FLOOR IS FOR INDIVIDUAL WORKOUTS, THE SECOND FLOOR IS FOR PERSONAL TRAINING.

SUPPORT SPACE SUCH AS PHYSICAL THERAPY, PRIVATE WORKOUTS, HOUSEKEEPING, MECHANICAL LOCKER ROOMS ARE ALSO INCLUDED.

AS MENTIONED, WE ELIMINATED STORAGE IN THE BUILDING TO BUILD OUR EXISTING FITNESS CENTER.

WE CURRENTLY LEASE OFF-SITE STORAGE, WHICH CURRENTLY COST US $50,000 A YEAR TO DO.

WE PLAN ON RETURNING THE EXISTING SPACE IN THE BUILDING TO STORAGE.

THE CLUB HAS A CAP ON THE NUMBER OF MEMBERS, THEREFORE THERE ARE NO ADDITIONAL USERS THAT WILL BE GENERATED.

GENERAL OVERVIEW, WHAT I'D LIKE TO DO IS BRING STEVE POLLIO UP, WHO'S THE ARCHITECT FROM PEACOCK & LEWIS, WHO CAN DISCUSS SOME MORE DETAILED DIVISION OF THE CONCEPT AND THE DESIGN AND THE THOUGHTS BEHIND THE COMMUNITY.

>> CAN YOU PAUSE THE TIME FOR A MOMENT? I JUST WANT TO MAKE SURE THE APPLICANT UNDERSTANDS THAT NORMALLY YOU'RE LIMITED TO 15 MINUTES, SO WE GET LOT MORE PEOPLE THEY WERE GOING TO SPEAK, SO I'D WANT TO CAUTION YOU.

[01:05:02]

>> GREAT.

>> I NEED TO SPEAK FAST.

LET ME JUST SEE HERE.

[BACKGROUND] HERE WE GO.

AS MENTIONED, GOOD EVENING, MY NAME IS STEVE POLLIO, WITH PEACOCK & LEWIS ARCHITECTS.

TRIED TO GIVE YOU A LITTLE VISION OF WHERE WE GOT OUR INSPIRATION FROM AND HOW WE CAME TO THE SOLUTION THAT WE'RE REPRESENTING BEFORE YOU THIS EVENING.

THE FIRST SLIDE UP THERE OBVIOUSLY IS SOMETHING FROM A TUSCAN VILLAGE OR ITALIAN VILLAGE.

THE MASSING IS VERY SIMILAR TO WHAT WAS THE INSPIRATION FOR THE MAIN CLUBHOUSE.

WE TRIED TO CARRY THAT SO-CALLED AESTHETIC THROUGH AND DESIGNING THE CONDOS ITSELF.

ONE THING THAT WE THOUGHT WHEN WE CAME UP WITH THE SOLUTION WAS WE UNDERSTOOD THAT WE HAD EXTREME AMOUNT OF BUFFERING MATERIAL BETWEEN THE GOLF COURSE AND THE PRESERVE, THE CLUBHOUSE IN THE DISTANCE, AND THAT WE COULD BE RESPONSIVE IN TRYING TO CREATE THE SO-CALLED ENCLAVE THE BOB ALLUDED TO, AND TO TRY TO CREATE ALMOST A VILLAGE WITHIN ITSELF.

TAKING THESE MOVES AND THESE DIFFERENT ASPIRATIONS, WE TRY TO DEVELOP THE ARCHITECTURE THAT WE CURRENTLY REPRESENT.

AGAIN, THIS IS JUST SITES.

WE CAN SEE HERE.

I THINK SEVERAL OF YOU WERE OUT THERE AT THE SITE, WHICH WE REALLY PROCURE AND NOT REALLY A VISUAL IN THE SIGHT, IS THAT THE CLUBHOUSE STANDS ABOUT 13 FEET TALLER THAN THE SURROUNDING SITE WE WERE PLANNING TO BUILD.

IN ADDITION TO THAT, IF IT WAS WITNESSED OUT THERE THERE'S A ROAD WHERE IT STARTS TO GO AND SLOP DOWN, WHICH MEANS OUR SITE STARTS HIGH AND SLOPES DOWN IN THIS DIRECTION.

ESSENTIALLY AS WE DEVELOP THE BUILDINGS THEY ARE ALL ON THAT LEVEL, THEY'RE ACTUALLY GOING TO STEP DOWN IN VARIANT ELEVATIONS.

FOR INSTANCE, THE FITNESS MAY BE UP AT 13, WHERE BUILDING A, WHICH IS THE LOWER BUILDING, WILL BE DOWN AT 11.

THERE'S A LOT OF DYNAMIC GOING ON WITH THE SITE.

AGAIN, TRYING TO MIMIC THE VILLAGE, TRYING TO GET SOME ARTICULATIONS OF MOVEMENT ALONG THOSE LINES OF THE PROPERTY IN A SITE.

THIS IS ACTUALLY OUR PROJECT BEING PROPOSED AS THE ENCLAVE.

NOW ONE OF THE THINGS THAT I KNEW COMPARED TO SOME OF THE COTTAGES, SOME OF THE MORE RESTRICTIVE THINGS THAT OCCUR TO US IS THAT THE ORIGINAL COTTAGES WAS ONLY REQUIRED FOR THE AMOUNT OF BEDROOMS THAT HAVE ONE CAR GARAGE AND ONE GOLF CART.

IN OUR INSTANCE EACH VILLA HAD TO HAVE, OR EACH CONDO HAD TO HAVE TWO PARKING SPACES.

TO BE ABLE TO COUNT THOSE PARKING SPACES WE HAD TO INCLUDE A STORAGE AREA.

THAT TURNAROUND ALREADY DICTATED A FOOTPRINT OF OUR BUILDING OF TWO CAR GARAGES WITH TWO CARTS AND STORAGE.

THAT'S THE FOOTPRINT.

NOW ADD TO THAT THE PROGRAM THAT WAS ESTABLISHED BY THE RESIDENTS, WE START TO DEVELOP OUR FLOOR PLAN THAT IS REPRESENTATIVE OF OUR BUILDINGS.

AGAIN, ONE OF THE THINGS WE TRIED TO DO KNOWING IN TODAY'S MARKET WHAT'S REAL KEY IS CEILING HEIGHT.

OUR FINISHED FLOORS ARE UP.

ONE IS THAT THE FIRST FLOOR IS AT 14, THE NEXT ONE IS AT 12.

BUT THE REASON FOR THIS ELEVATION IS THAT WE GOT A LOT OF MOVEMENT.

WE DIDN'T WANT TO DESIGN BOXES OBVIOUSLY, AND WE WERE SENSITIVE TO THE FLOW AND THE MOVEMENT OF THE BUILDING ITSELF AND HAVE TO BREAK THE MASSES DOWN.

[BACKGROUND] I'LL JUST FLIP THROUGH THESE AGAIN.

THIS IS THE CONCEPT. THESE ARE THE FOOTPRINTS.

AGAIN, A LARGE PART OF THE GROUND FLOOR TAKES UP SPACE IN THE GARAGE AND STORAGE.

THIS IS THE OVERALL VIEW.

AGAIN, THE RELATIONSHIP.

THIS IS OUR FITNESS BUILDING.

ONE THING I THINK IS MORE IMPORTANT IS THIS LAST SLIDE I'M TRYING TO GET TO HERE.

THAT'S OUR FITNESS.

WE TRY TO DEVELOP THE CONCEPT OF THE NEIGHBORHOOD RELATING TO EACH OTHER.

THAT'S THE VIEW DOWN.

LET ME GET CLOSE.

THIS ONE, THERE'S BEEN CONCERN ABOUT THE MASSING OF OUR BUILDINGS, AND HEIGHT OF OUR BUILDING.

THIS SHOWS OUR BUILDINGS IN RELATIONSHIP TO THE MASSING THAT WAS CREATED WITH THE EXISTING CLUBHOUSE ITSELF.

WITH THE FOREPLAN DICTATED BY THE PROGRAM, THE HEIGHTS DICTATED BY THE FINISHED FLOOR ELEVATIONS AND THE TOP OF BEAM, WE MATCHED THE SLOPES OF THE CLUBHOUSE, AND I GOT TO GO.

[LAUGHTER]

>> I APOLOGIZE, I DIDN'T REALIZE THERE'S A 15-MINUTE TIME CONSTRAINT.

I WANT TO GIVE YOU A REAL QUICK OVERVIEW.

THIS IS THE BEARS CLUB MASTER PLAN.

IT'S 400 ACRES.

WE'RE AT 0.3 UNITS PER ACRE.

WHEN THIS WAS ANNEXED INTO THE TOWN OF JUPITER BACK IN 2000, IT WAS 2,649 UNITS ON THIS PROPERTY.

[01:10:03]

YOU CAN SEE WE'RE AT 78 PERCENT OPEN SPACE.

THIS WOULD NEVER LOOK THIS WAY AND IT WAS THE DRI THAT WAS ENTITLED TO BUILD 3,649 UNITS.

IT'S OBVIOUSLY GREEN AND CONSISTENT WITH I THINK YOUR QUALITY OF LIFE IN THE TOWN OF JUPITER.

AGAIN, THE SITE PLAN, THIS IS THE LOCATION OF WHERE WE'RE TALKING ABOUT.

THE CLUBHOUSE AND COTTAGE SIZE IN THE CENTER OF THE PROJECT.

AS MENTIONED, IT'S SURROUNDED BY PRESERVING GOLF.

THIS IS THE SITE ITSELF.

FROM DAY 1, WE'VE ALWAYS HAD THE SAME TYPE OF COMPACT DEVELOPMENT THAT WE'RE PROPOSING TODAY.

THIS WAS THE PLAN APPROVED IN 2001.

IT HAD ALL THE SAME WAIVERS THAT WE'RE REQUESTING TODAY.

THIS WAS THE PLAN APPROVED IN 2005, IT HAD ALL THE SAME WAIVERS THAT WE'RE REQUESTING TODAY.

THIS WAS THE PLAN THAT WAS APPROVED IN 2011.

UNFORTUNATELY OUR WAIVERS WENT AWAY WHEN WE CHANGED IT TO TWO SINGLE-FAMILY LOT.

WE'RE BACK HERE TODAY REQUESTING THE SAME WAIVERS THAT WE HAD FOR THE LAST 20 YEARS.

AGAIN, THIS IS THE REALIZED PLAN WHICH IS ACTUALLY LESS DENSE THAN WHAT WAS PREVIOUSLY APPROVED OVER THE YEARS.

VERY QUICKLY I JUST WANT TO LEAVE IT WITH THE FACT THAT THESE WAIVERS, AGAIN, ARE THE SAME WAIVERS THAT HAVE BEEN REQUESTED IN THE COTTAGE IN THE SAME WAY AS THEY HAD BEEN REQUESTED FOR THE PAST 22 YEARS.

WHERE IT COMES DOWN TO COVERAGE, WE HAVE PLENTY OF OPEN SPACE.

PARKING, THERE HAS NEVER BEEN A PROBLEM WITH PARKING.

WITH THAT, THE PUBLIC BENEFITS WE'VE GIVEN OVER AND OVER THROUGH THE YEARS THROUGH ALL OF THESE WAIVERS, AND WE'RE BACK HERE TODAY TO TALK ABOUT THE SAME WAIVERS, BUT THE WAIVERS HAVE BEEN CONSISTENT, THEY'VE NEVER CAUSED ANY IMPACTS.

IT'S CONSISTENT WITH OUR ORIGINAL DESIGN INTENT, WHICH IS MAXIMAL OPEN SPACE, VERY LOW DENSITY.

THIS IS A HIGH VALUE [NOISE] LOW IMPACT PROJECT.

THERE'S NO IMPACT TO THE GENERAL PUBLIC OR SURROUNDING USES.

IT'S NOT PRECEDENT-SETTING WHEN IT COMES TO OTHER PROJECTS, BECAUSE THERE'S NO OTHER PROJECT I THINK THAT CAN DUPLICATE WHAT THIS PROJECT HAS DONE OVER THE YEARS AND THE PUBLIC BENEFITS THAT HAS BEEN PROVIDED.

BOB, IF YOU CAN COME REAL QUICK JUST TO TALK ABOUT THE PUBLIC BENEFITS AND WE'RE DONE.

THANK YOU VERY MUCH FOR YOUR PATIENCE.

>> JUST SO YOU KNOW, PUBLIC BENEFITS, WE WERE NOT QUITE SURE WHAT WAS EXPECTED OF THAT.

THE CLUB ITSELF OVER THE YEARS HAS GIVEN $30,000 A YEAR ANNUALLY, $6.5 MILLION OVER THE LAST 10 YEARS AT JUPITER CHILDREN'S HOSPITAL, AS WELL AS NUMEROUS OTHER CHARITIES THAT WE GIVE TO EVERY YEAR.

ANYWAY, WE'RE WILLING TO WORK WITH WHATEVER YOU'RE WANTING US TO DO FROM A BENEFIT STANDPOINT.

I THINK 10 TREES ON DONALD ROSS IS WHAT WAS PROPOSED.

>> THANK YOU.

>> WE ARE IN AGREEMENT WITH STAFF RECOMMENDATIONS OF APPROVAL.

>> STAFF.

>> GOOD EVENING MAYOR AND COUNCIL.

FOR THE RECORD, PETER MEYERS, SENIOR PLANNER WITH STAFF.

STAFF RECOMMENDS APPROVAL OF ORDINANCE 2-22 TO AMEND THE BEARS CLUB PUD TO CHANGE 9,236 SQUARE FEET OF LAND FROM RESIDENTIAL TO [NOISE] RECREATION FOR THEIR FREESTANDING FITNESS CENTER.

ALSO TO REQUEST WAIVERS WITHIN PHASE 1B, THE CLUBHOUSE AND COTTAGE SITE.

TO REDUCE FRONT SETBACKS FOR BUILDINGS, PATIOS AND PULLS.

INCREASE LOT COVERAGE.

REDUCE MINIMUM LOT AREA.

ALLOW A SIX-FOOT TALL WALL WITHIN THE FRONT YARD, AND REDUCE PARKING RATIO FOR THE CLUB USE.

STAFF RECOMMENDATION IS SUBJECT TO THE CONDITIONS OF APPROVAL, AND CONTINGENT UPON TOWN COUNCIL'S APPROVAL OF THE PROPOSED PUBLIC BENEFIT BY THE APPLICANT.

THE APPLICANT HAS SUBMITTED TWO SEPARATE SITE PLAN APPLICATIONS THAT ARE BEING PROCESSED CONCURRENTLY TO CONSTRUCT THE FREESTANDING CLUBHOUSE, FITNESS CENTER, AND A THREE RESIDENTIAL DUPLEX BUILDINGS WITH A TOTAL OF SIX DWELLING UNITS.

AN ABUNDANCE OF DOCUMENTATION HAS BEEN SUBMITTED RELATED TO THE LAWSUIT AND TEMPORARY INJUNCTION SUBMITTED BY A RESIDENT OF THE BEARS CLUB, WHICH HAS BEEN ATTACHED TO A SEPARATE REPORT, ATTACHMENT H. IN LIGHT OF THE REQUEST OF INJUNCTION THE LAWSUITS, AS YOU HAD MENTIONED, IT HAS CONSULTED WITH LUIS, LOGAN, AND WALKER FOR REPRESENTATION.

THIS ITEM HAS GONE TO THE PLANNING AND ZONING COMMISSION IN MARCH.

THAT TIME IT WAS POSTPONED TO ALLOW FOR THE TEMPORARY INJUNCTION TO BE DECIDED.

IT WAS IN SOME MORE FURTHER PRESS COMMENTS BY THE APPLICANT TO ALLOW IT TO HAPPEN.

THE INJUNCTION WAS DENIED.

THE TOWN'S CONSULTING ATTORNEY HAS INDICATED THAT THE TOWN CAMPUS PROCESS THE APPLICATIONS FOR CONSIDERATION BY THE PLANNING AND ZONING COMMISSION AND TOWN COUNCIL.

THE OWNER'S REPRESENTATIVE BOB WESSELMAN, HAS TO PROVIDE A LETTER STATING THAT THEY KNOWLEDGE THAT THEY ARE PROCEEDING AT RISK WITH THE APPLICATION,

[01:15:01]

CONDITIONS HAVE BEEN ADDED TO THE BOTH RESOLUTIONS FOR THE SITE PLANS YOU'LL SEE IN OCTOBER.

THE APPLICANT IS REQUESTING TO REDUCE THE FRONT SETBACK FOR THE BUILDING AND POOL SETBACKS.

IN 2001, TOWN COUNCIL APPROVED WAIVERS FOR THE COTTAGE SITE THAT INCLUDED REDUCTION OF THE REAR AND SIDE SETBACKS TO ZERO FOR BUILDING OVERHANGS, DECKS, AND POOLS.

THERE IS A NEW REQUEST FOR WAVIER AS A SETBACKS.

IT SAYS IT'S A FRONT SETBACK FOR THE BUILDING AND A POOLS TO GO TO ZERO.

AS INDICATED IN A SEPARATE POOL AND TABLE, IT DOES MENTION, THEY DON'T NEED TO GO TO ZERO.

THEY DON'T NEED A FULL SETBACK.

IT'S ACTUALLY THEY ARE ASKING FOR IS ZERO.

IN REGARDS TO ADDITION, THEY ALSO REQUEST A WAIVER TO THE PARKING TO BE CALCULATED BASED ON ONE PER THREE SEATS AND NOT BASED ON ONE PER 300 SQUARE FEET SINCE IT'S THE GREATER OF THE TWO PARKING RATIOS REQUIRED BY CODE.

THE EXISTING CLUBHOUSE WAS APPROVED IN 1999 WITH PARKING RATIO OF ONE SPACE PER THREE SEATS.

CURRENTLY, THERE ARE 222 SEATS LOCATED WITHIN THE CLUBHOUSE WHICH REQUIRES 74 PARKING SPACES.

JUST FOR A DIFFERENT REFERENCE, THE STANDARD PARKING REQUIREMENT FOR TYPICAL COMMERCIAL FITNESS CENTER, THERE'S ONE SPACE FOR 200 SQUARE FEET TOTALING 43 PARKING SPACES.

HOWEVER, THE PROPOSED CLUBHOUSE FITNESS IN THERE BEING ANCILLARY TO THE PRIVATE CLUBHOUSE FACILITY, IS CONSIDERED TO [NOISE] BE ACCOMMODATED BY THE SAME PARKING REQUIREMENT FOR THE CLUBHOUSE, WHICH HAS ACQUIRED ONE PARKING SPACE PER 300 SQUARE FEET OR ONE PER THREE SEATS, WHICHEVER IS GREATER.

IF THE PARKING WAIVER IS APPROVED, ADDITIONAL PARKING FOR THE FITNESS CENTER WOULD NOT BE REQUIRED BECAUSE ADDITIONAL SEAT IS NOT PROPOSED.

THAT THE APPLICANT HAS PROPOSED TO CONSTRUCT 188 PARKING SPACE ON THE SOUTH SIDE OF THE FREE CITY FOR CENTER.

STAFFS HAS RECOMMENDATION APPROVAL AND ORDINANCE TO LIMIT THE MEMBERSHIP TO 325 AND ANY INCREASES TO THAT WOULD REQUIRE A TOWN COUNCIL APPROVAL.

IN REGARDS TO PUBLIC BENEFIT, THE APPLICANT PROPOSE TO PLANT 10 SHADE TREES WITHIN FREDERICK SMALL RIGHT-OF-WAY BETWEEN PALMWOOD AND ALTERNATE A1A.

THEN THAT IS ALSO CONDITION THAT REQUIRES THAT THEY WOULD COORDINATE WITH TOWN STAFF FOR PLACE IN THOSE TREES.

IF FOR SOME REASON THOSE TREES COULD NOT BE PLANTED IN THAT RIGHT WAY THEN THE OWNER RECORDING WITH STAFF AS WELL TO FIND OUT RELOCATION, WHICH ALSO TAKES INTO ACCOUNT THE ASSOCIATED MAINTENANCE COSTS OF THOSE TREES TO TAKE CARE OF THEM.

THAT SAID, THE REMAINDER TIME FOR YOUR REBUTTAL. THANK YOU.

>> WITH THAT, I HAD PRESUMED THAT YOU MAY BE FAMILIAR WITH OUR QUASI-JUDICIAL REGULATIONS AND THERE GUIDELINES.

I WOULD NEED TO ASK MY COLLEAGUES TO GRANT MORE TIME, BUT I WANTED TO JUST ASSERT THAT WITH RECORD.

I'M BOUND TO ENFORCE THE CRITERIA, BUT THEN CAN ASK.

BEFORE US TONIGHT IS ONE OF THE THREE MATTERS.

I JUST WANTED TO PUT THAT IN PERSPECTIVE FOR US UP HERE AND THE AUDIENCE.

ITS FIRST MEETING ON AN ORDINANCE AND THEN TO SITE PLANS WOULD COME BACK NEXT MEETING WITH THE ORDINANCE ON SECOND READING.

I THINK THERE'S SOME UNUSUAL THINGS ABOUT IT, BUT I WANTED TO JUST SAY THAT EVERYONE HAS A LEAD INTO THE QUESTION OF THE PARTIES AND IF I MAY MOVE TO THE QUESTIONS.

QUESTION OF STAFF.

IF THE COUNCIL WERE TO ACT THE SAME WAY THE PLANNING AND ZONING COMMISSION DID, JUST AS AN EXAMPLE, AND APPROVE THE ORDINANCE AND APPROVE THE SITE PLAN FOR THE CENTER BUT NOT THE RESIDENTIAL UNITS.

I'M NOT SURE WHAT THE QUESTION IS, BUT IT REALLY CREATES A DILEMMA THAT I THINK WE ALL NEED TO THINK ABOUT HERE.

BECAUSE WE UP HERE HAVE TO RECOGNIZE THAT THAT WOULD RESULT IN AN OUTCOME AND THE APPLICANT HAS ALREADY SAID THAT IT'S NOT THEIR INTENTION, BUT THERE'S THAT POSSIBILITY.

I REALLY WANTED TO JUST FRAME AN UNDERSTANDING THAT ALSO THERE WAS A COMMON MADE ABOUT PRECEDENT SETTING, AND THE PERCEPTION THAT NO ONE CAN SEE THE IMPACTS IN YOUR COMMUNITY.

[01:20:04]

I WANT TO ASK STAFF QUESTIONS.

SOME MAY THINK THIS IS [NOISE] OUT OF LINE. I LIVE IN SHORES.

I BACK UP TO PRESERVE.

WHAT'S MY SETBACK WHEN I'M BUILDING A POOL?

>> THE STANDARD SETBACK FOR R1 WOULD BE IT GETS 10.5 FEET TO THE REAR OF THE SIDE FOR A POOL.

>> OKAY. THIS IS GOING TO COME BACK AND MY POINT BEING IS, IT HARMS NO ONE AND YET I COULDN'T BUILD TO THE ZERO PROPERTY LINES.

I JUST WANT THE APPLICANT TO UNDERSTAND THAT THERE IS SIGNIFICANT PRECEDENT SETTING HERE AND WE HAVE TO BE CONSISTENT IN TREATING IT THAT WAY.

I COULD GO ON MORE AND MORE, AND I'M REALLY JUST REPRESENTING THE COUNCIL HERE BY HAVING THROWING THAT OUT BECAUSE CERTAINLY, SOME OF US HAVE A TRACK RECORD OF BEING PERCEIVED AS BEING DIFFICULT ON APPLICANTS.

BUT I JUST WANTED TO CREATE THAT UNDERSTANDING THAT, NO, THERE IS PRECEDENT SETTING HERE, I THINK VERY SIGNIFICANT SO.

FOR THAT PRECEDENT SETTING THEN WE'RE OBLIGATED TO LOOK FOR PUBLIC BENEFITS THAT WE THINK IS EQUIVALENT, AND THAT'S FUNDAMENTALLY THE BIGGEST THING WE HAVE TONIGHT TO ACT UPON.

BUT WITH THAT, LET ME JUST TURN IT OVER TO MY COLLEAGUES FOR QUESTIONS. DO YOU HAVE ANY?

>> NO, NOT RIGHT NOW.

>> NOT RIGHT NOW. NO.

>> I JUST HAVE ONE QUESTION WITH THE APPLICANT.

IF I COULD SPEAK TO THE APPLICANT.

HE CAN COME TO THE PODIUM. WHAT IS THE TOTAL MEMBERSHIP?

>> [BACKGROUND].

>> THE TOTAL MEMBERSHIP IS 325.

IT'S BEEN THAT WAY SINCE DAY ONE.

>> HOW MANY GUESTS ARE ALLOWED AS A PART OF THE POLICIES RELATED TO CLUB MEMBERSHIP?

>> AS IT RELATES TO GOLF, GUEST POLICIES ARE DIFFERENT PER DAY OF THE WEEK.

>> ARE GUESTS ALLOWED TO USE THE RESTAURANT AND THE CLUBHOUSE OR THE FITNESS CENTER?

>> GUEST, IF THEY'RE ACCOMPANIED BY A MEMBER, CAN, YES, USE THE RESTAURANT OR THE FITNESS CENTER, OR ANY OF THE FACILITIES.

IF THEY'RE ACCOMPANIED BY A MEMBER, YES.

>> THE POLICIES OF THE CLUB IN DETERMINING THE NUMBER OF GUESTS, THAT'S NOT COVERED HERE, AND THE FACT THAT THE MEMBERSHIP WOULD [NOISE] STAY CONSTANT.

IN THEORY, WHILE THE MEMBERSHIP COULD REMAIN CONSTANT, THE NUMBER OF GUESTS COULD CHANGE, AND THE DISCRETION FOR THAT WOULD BE WITH THE CLUB DETERMINING HOW MANY GUESTS WOULD BE ALLOWED?

>> YES. IF I COULD JUST TALK A LITTLE BIT ABOUT HOW THE CLUB GETS USED.

OUR DINING FACILITY, 90 PERCENT OF THE DINING IS GOLF RELATED.

[NOISE] WELL, DOES ANYBODY DRIVE THERE FOR BREAKFAST OR LUNCH THROUGH THE GATES OR ANYTHING ELSE.

DINNER'S A DIFFERENT BALLGAME BECAUSE THERE'S NOTHING ELSE GOING ON.

FITNESS IS PRIMARILY USED BY THE RESIDENTS AND BY OUR PROFESSIONAL GOLF MEMBERS.

>> THANK YOU.

>> OKAY.

>> THAT'S ALL.

>> JUST A COUPLE OF MORE THEN, I GUESS THE APPLICANT COULD BE STAFF THE LAST APPLICANT.

I WAS LOOKING IN THE PMZ MEETING MINUTES, WHICH IS ALWAYS MY STARTING POINT.

THEY DO GOOD WORK, MAKE IT EASIER ON US UP HERE.

JUST WHAT HAPPENS TO BE WORDED THIS WAY.

IT MAY NOT BE ACCURATE, BUT THE STATEMENT WAS MADE THAT BEARS CLUB GENERAL MANAGER THAT IT'S ALWAYS BEEN PLAN TO BUILD A BETTER FITNESS CENTER AND THE SALE OF THE COTTAGES WOULD PAY FOR THAT.

WAS THE FITNESS CENTER IN THE ORIGINAL PLANS FOR THE PROJECT? [BACKGROUND].

>> YES. PART OF. THAT WAS A PART OF.

>> NO, THERE WAS NEVER A FITNESS CENTER PLANNED.

I GOT THERE IN 2003, FITNESS BECAME IMPORTANT.

IT BECAME SOMETHING OUR MEMBERS ASKED FOR.

WE SWITCHED OUT A EMPLOYEE DINING AND STORAGE AREA AND PUT A FITNESS CENTER IN THERE.

AS IT BECAME MORE AND MORE IMPORTANT, PERSONAL TRAINING BECAME MORE IMPORTANT, WE ALWAYS WANTED AT SOME POINT IN TIME TO FIND A WAY TO BUILD A FITNESS CENTER THAT WAS INDICATIVE OF WHAT THE REST OF THE CLUB REPRESENTED.

>> YOU DIDN'T WRITE THE MINUTE, I JUST WANTED TO ASK THE QUESTION AND GET ON THE RECORD BECAUSE IT SAYS THAT YOU'D ALWAYS PLANNED TO BUILD A BETTER FITNESS CENTER, AND IT'S NOT THE CASE.

I GET IT WHY THAT'S AN INCREASE IN AMENITY WANT, NO ARGUMENT THERE.

BUT THE FACT THAT IT SAYS THE SALE OF THE COTTAGES WOULD PAY FOR THAT.

SO I UNDERSTAND WHAT YOU'RE DOING IS YOU WANT TO HAVE

[01:25:05]

I'M JUST EMPHASIZING TO THE APPROVAL OF THIS I BELIEVE THEREFORE REPRESENTS A SIGNIFICANT BENEFIT TO THE CLUB, AND I'M GOING TO TAKE THAT INTO ACCOUNT WHEN I THINK ABOUT WHAT THE PUBLIC BENEFIT SHOULD BE.

THAT'S ONE ITEM.

I'M TRYING TO FIND MY NOTES HERE.

IS THERE A REASON ON THE WAIVERS WHY YOU'RE GOING TO ZERO WHEN YOU DON'T NEED ZERO? THAT'S UNUSUAL BECAUSE IF YOU'RE REALLY ASKING FOR MORE THEN, WE'RE GOING TO ASSUME YOU'RE GOING TO TRY TO REAP BENEFITS FOR MORE.

AS POINTED OUT BY STAFF, I'M CURIOUS ABOUT THAT.

>> AGAIN, THESE WEREN'T DESIGNED INDIVIDUALLY.

THE ENTIRE PROJECT WAS DESIGNED AS A WHOLE TO THE ARCHITECTURE.

THE SETBACK, EVEN THOUGH IT'S A ZERO SETBACK, IT'S ADJACENT TO LANDSCAPE AREA OR SIDEWALK.

THERE'S NO IMPACT.

IT'S NOT LIKE YOUR EXAMPLE OF THERE BEING ADJACENT TO A PROPERTY LINE BECAUSE THESE AREN'T SINGLE-FAMILY LOTS AND THEY'RE NOT SINGLE-FAMILY HOMES.

IT WAS DESIGNED AS A WHOLE.

STEVE, DO YOU KNOW WHY THEY DID?

>> [BACKGROUND].

>> WELL, FOR EXAMPLE, IT SAYS THAT THE POLE SETBACK, THE PROPOSAL IS 6.6 FEET, BUT YOU'RE ASKING FOR ZERO.

>> THE ONLY THING I COULD EXPLAIN THIS MAYBE BECAUSE THE ZERO WAS SOME OF THE POOLS ARE UP AGAINST THE, WHAT WE HAVE IS THE PRIVACY RULE, AND THE PRIVACY RULE ACTS AS A BACKDROP, AS A FOUNTAIN FOR THE POOL ITSELF.

BUT IN REALITY, JUST THE SIMPLE FACT THAT FOUNDATIONS AND OVERHANGS, WE CAN'T BUILD OUT ZERO TO THE PROPERTY LINE JUST BECAUSE OF FOOTINGS AND OVERHEADS WOULD BE ENCROACHING.

THE ONLY THING I COULD THINK IS THAT THERE WAS FOR THE POOLS THEMSELVES BECAUSE WHEN YOU LOOK THROUGH THE DESIGN, YOU'LL SEE THERE'S SOME POOL AREAS THAT ARE BACKED UP AGAINST THE PRIVACY WALL AND WE ARE USING THE PRIVACY WALLS AS THE BACKDROP.

>> I GUARANTEE THIS. HUNDREDS AND HUNDREDS OF RESIDENTS IN JUPITER WOULD HAVE LOVED TO GO ZERO PROPERTY LINE ON THE POOL THAT NO ONE SEES.

>> THE ONLY THING I WOULD SAY AND SO WHAT WE'RE DOING IN THIS PROPERTY IS CONSISTENT THROUGHOUT THE WHOLE EXISTING PROPERTY.

WHEN YOU GO THROUGH ALL THOSE VILLAS, THEY DO THE EXACT SAME THING WITH THE POOL IS BACKED UP.

IT GIVES THE APPEARANCE THAT WHEN YOU WALK INTO THE PROPERTY, IT ACTUALLY LOOKS LIKE A FOUNTAIN RATHER THAN A FREESTANDING POOL.

WE'RE BEING CONSISTENT WITH WHAT WAS ALREADY APPROACHED.

>> JUST ONE MORE QUESTION FOR THE APPLICANT.

JUST ONE ITEM THAT I CONSIDER JUST A HOUSEKEEPING ITEM.

BUT I'D ASK STAFF FOR WHERE THE PRESERVATION AREAS ARE.

THERE WERE NO PRESERVATION AREAS TO REPRESENT A PUBLIC BENEFIT THAT GO BACK TO THE ORIGINAL PROJECT.

IT HAS BEEN, I BELIEVE, ON COUNCIL'S LIST OF THINGS TO GET DONE WITH OUR STAFF IS TO MAKE SURE THAT CERTAINLY THE LARGER PRESERVATION AREAS WITHIN YOUR PROJECT, AS WELL AS ALL AROUND TOWN ARE GOING TO BE DESIGNATED PRESERVATION.

YOU'RE NOT GOING TO BE ABLE TO COME BACK AND LATER ASK TO CHANGE THAT.

YOU DON'T HAVE ANY PLANS FOR THAT.

IT'S A QUESTION. CAN YOU SAY IT ON THE RECORD WHETHER THAT'S ACCEPTABLE?

>> THAT'S ABSOLUTELY ACCEPTABLE.

THE PRESERVATION AREAS THAT ARE ON THE SITE TODAY ARE INTENDED TO STAY IN PERPETUITY.

>> ONE POINT IN TIME A FEW YEARS AGO, THERE WERE SOME COMMUNITY CONVERSATIONS ABOUT SOMETHING DIFFERENT HAPPENING AND THAT'S WHERE I'M COMING FROM ASKING ABOUT THAT.

THANK YOU. MOVING ON TO THE PUBLIC.

IS THERE ANY PUBLIC COMMENTS?

>> YES, I HAVE ONE. JEREMY DECKER.

>> GOOD EVENING MAYOR, TOWN COUNCIL.

MY NAME IS JEREMY DECKER.

I'M AN ATTORNEY AT SACHS SAX CAPLAN.

WE REPRESENT LONG TIME BEARS CLUB PRESIDENT GARY SELLERS.

WE ASKED THE APPLICATION BE DENIED.

A PROPOSED DEVELOPMENT IS ONLY POSSIBLE WITH THE GRANTING OF NUMEROUS MATERIAL WAIVERS THAT WOULD RESULT IN DUPLEX BUILDINGS THAT ARE NOT COMPATIBLE IN BULK AND MASS WITH THE EXISTING COTTAGES.

EACH PROPOSED DUPLEX BUILDING IS AS LARGE AS THE FIVE EXISTING COTTAGES COMBINED.

[01:30:01]

THIS 50 PERCENT REDUCTION IS PROBLEMATIC THE BEARS CLUB COMMUNITY ALREADY SUFFERS FROM THIS TRAFFIC AND PARKING CONCERNS.

THE GOLF CLUB RECOGNIZED THAT, THEY INSTITUTED A STRICTER RULE LIMITING THE GUESTS OF THE GOLF CLUB MEMBERS.

THE P&Z COMMISSION WAS CLOSELY DIVIDED ON THIS MATTER.

THE VOTE WAS JUST 3-2 ON THE PUD AMENDMENT.

P&Z COMMISSIONER CHAIR GROOMS WAS UNABLE TO ATTEND THE MEETING.

HOWEVER, WE RECEIVED A COPY OF CHAIR GROOMS' E-MAIL SENT TO TOWN COUNCIL THEREAFTER ADVISING THAT SHE DOES NOT SUPPORT THE REQUESTED SPECIAL EXCEPTIONS AND WAIVERS, AND ASK COUNCIL TO CONSIDER THAT THE VOTE WOULD HAVE BEEN A 3-3 TIE HAD SHE BEEN ABLE TO ATTEND THE MEETING.

MOREOVER, THE P&Z COMMISSION VOTED 3-2 AGAINST RECOMMENDING THE APPROVAL OF THE COTTAGES SITE PLAN.

ASIDE FROM THESE CRITICAL CONCERNS, MR. SELLERS AND ANOTHER BEARS CLUB HOMEOWNER HAS SUED THE APPLICANT GOLF CLUB AND THE POA, THE PROPERTY OWNERS ASSOCIATION, RAISING INDIVIDUAL AND DERIVATIVE CLAIMS ON BEHALF OF THE POA.

THE CURRENT GOVERNANCE LAWSUIT CHALLENGES THE GOLF CLUBS PERPETUAL CONTROL OVER THE POA IN VIOLATION OF FLORIDA LAW, THE GOLF CLUB HAS PERMANENT MAJORITY VOTING BLOCK AND ALL POA MATTERS, AND AS HAND SELECTED, EVERY PERSON ON THE POA BOARD OF DIRECTORS.

THE TRIAL JUDGE DETERMINED TWICE THAT THE GOLF CLUB IS A DEVELOPER UNDER THE HOA ACT, DEVELOPER OF THE COMMUNITY.

THEREFORE, THERE HAS NEVER BEEN A SCHEDULING REQUIRED TURNOVER IF CONTROL FROM THE GOLF CLUB TO THE HOMEOWNERS, THAT CASE IS PENDING.

MR. SELLERS ALSO CHALLENGED THE CONDO DEVELOPMENT THAT IS BEFORE YOU WEAR THE RESOLUTION WAS APPROVED BY THE UNLAWFULLY CONSTITUTED POA BOARD OF DIRECTORS WHO ARE STILL CONTROLLED BY THE GOLF CLUB.

WELL, MR. SELLERS HAS APPEALED THE DENIAL THE TEMPORARY INJUNCTION, HIS BRIEF IS DUE NEXT WEEK.

A DECISION IN THIS NON FINAL APPEALS EXPECTED IN A FEW MONTHS AFTER ALL THE BRIEFS ARE FILED.

FINALLY, THE LAWSUIT ALSO SEEKS A PERMANENT INJUNCTION PROHIBITING THE GOLF CLUB PRINT PROCEEDING ON THIS CONDO PROJECT, WHICH HAS NOT YET BEEN RULED ON.

THEREFORE, FOR THESE REASONS, WE ASK AND WE URGE THIS TRIBUNAL TO DENY THE APPLICATION.

THANK YOU FOR YOUR CONSIDERATION.

>> THAT WAS IT.

>> THAT WAS IT. MOVING BACK TO COUNCIL, I'M GOING TO MAKE SURE THAT AFTER THIS MEETING, EVERYBODY ON THE DAIS GETS A COPY OF THE CORES IDEAS OR HEARINGS BECAUSE WHAT I WONDER IS IF WHETHER YOU ALL KNOW WHAT THEY ARE AND I DIDN'T STATE THEM.

NORMALLY NOW, WE WOULD GO TO TOWN STAFF, REBUTTAL AN APPLICANT.

BUT GENERALLY SPEAKING, SOMETIMES OTHER QUESTIONS COME UP.

HISTORICALLY, ALTHOUGH WE'VE ALLOWED THAT, SO I'M GOING TO COME BACK TO YOU AND ASK IF YOU HAVE ANY ADDITIONAL QUESTIONS.

DOES ANYBODY HAVE ANY ADDITIONAL QUESTIONS?

>> HELLO, MAYOR. I'M GRATEFUL FOR YOU ASKING ABOUT THE SETBACKS BECAUSE THAT WAS SOMETHING I WOULD'VE ASKED OTHERWISE.

>> WE CAN TALK ABOUT DISCUSSION HERE AGAIN.

IN OUR QUASI-JUDICIAL, WE WERE NEVER PRECISE WITH IT, AND THEREFORE, I DON'T WANT TO FORCE THAT HERE.

IS THERE ANY DISCUSSION THAT THE COUNCIL ONCE BEFORE I TURN IT OVER TO THE TOWN STAFF AND APPLICANT FOR ANY REBUTTAL? NONE. GO BACK TO STAFF.

IS THERE ANY REBUTTALS THAT STAFF WANTS TO GIVE? OKAY. THE APPLICANT?

>> YES, SIR. AGAIN FOR THE RECORD, MORRIS CRADY. ON THE WAIVER ISSUE, MY UNDERSTANDING IS THAT THE WAIVERS ARE HANDLED ON A CASE-BY-CASE BASIS FOR EACH PROJECT BASED ON ITS OWN CIRCUMSTANCES AND MERIT.

WE DO HAVE SINGLE-FAMILY LOTS OUT THERE [NOISE] THAT COMPLY WITH R_1.

IN THE SINGLE-FAMILY AREA, THEY MEET ALL THE SETBACKS, BUT AGAIN, SINCE DAY ONE, THIS AREA NEXT TO THE CLUBHOUSE HAS ALWAYS PROGRESSED WITH WAIVERS.

THROUGH THE YEARS WE HAVE GENERATED SIGNIFICANT PUBLIC BENEFITS IN REGARD TO THOSE WAIVERS.

I DON'T THINK ANOTHER APPLICANT CAN COME IN HERE AND SAY, WELL THE BEARS CLUB GOT THESE WAIVERS, SO WE SHOULD BE ENTITLED TO THEM TOO, WITHOUT LOOKING AT THE HISTORY AND THE FACTS THAT SURROUND THE REQUEST AND ALSO THE PUBLIC BENEFITS THAT HAS PROVIDED.

THE BEARS CLUB HAS SHOWN OVER THE LAST 22 YEARS THAT THEY SIGNIFICANTLY SUPPORT THE COMMUNITY.

[01:35:03]

THERE HAS NEVER BEEN A PARKING PROBLEM WITH THE CLUBHOUSE.

WE HAVE EXTRA SPACES THROUGHOUT THE SITE THAT CAN ACCOMMODATE OVERFLOW PARKING.

ALL OF THIS WAS DISCUSSED WHEN BEARS CLUB WAS ORIGINALLY APPROVED THROUGH THE YEARS IN 2001.

AGAIN, I UNDERSTAND THAT THERE'S A COMPLAINT BY A RESIDENT, BUT THAT'S ONLY ONE RESIDENT THAT I'M AWARE OF ITS COMPLAINT.

BOB, IF YOU WOULD LIKE TO TALK ABOUT THAT.

>> JUST ON THE PARKING ISSUE, I HAVE BEEN THERE FOR 20 YEARS.

PEOPLE THAT BELONG TO THE CLUB HAS SPENT A LOT OF MONEY TO JOIN THE CLUB.

THEY SPENT A LOT OF MONEY TO COME AND EXPERIENCE THE CLUB.

WHAT WE SELL IS A SPECIAL EXPERIENCE, NOT A PUBLIC EXPERIENCE, NOT SEMI-PRIVATE, A VERY HIGH-END PRIVATE EXPERIENCE, WHICH STARTS WITH PARKING.

IF I HAD A PARKING ISSUE, I WOULD HAVE HAD PEOPLE IN MY OFFICE 20 YEARS AGO.

I'VE NEVER HAD A PARKING ISSUE.

THE INDIVIDUAL THAT HAS GOTTEN UP OR WHO FILED THE COMPLAINT, THEY WERE A MEMBER FOR 15 YEARS, AND NEVER COMPLAINED ABOUT PARKING.

WE HAVE 183 SPOTS.

THERE ARE SECTIONS OF PARKING THAT I'M ALLOWED TO USE THAT I'VE NEVER USED BECAUSE I DON'T HAVE TO.

SEVENTY PERCENT OF THE MEMBERS USE VALET, 20 PERCENT OF THEM BRING THEIR OWN CARD.

NEVER BEEN A PARKING ISSUE, DON'T EVER ANTICIPATE THERE BEING ONE.

THAT'S ALL PART OF US CREATING THE EXPERIENCE THAT PEOPLE HAVE PAID FOR.

>> BACK TO COUNCIL FOR DISCUSSIONS.

>> WHEN I WALKED THE SITE, WE WENT DOWN TO THE OPEN LOT, AND THEN WE TOOK A LOT THAT WENT INTO WHAT THE EXISTING COTTAGES ARE.

IT WAS VERY EUROPEAN.

IT WAS A HILLY STREET WITH A STREET GOING TO A DEAD END AND JUST ALL VILLAS AND NO YARD, SOME LANDSCAPING.

BUT OBVIOUSLY, THAT'S THE LIFESTYLE THAT PEOPLE ARE PURCHASING THAT TIME PERIOD WHEN THEY BOUGHT THOSE FACILITIES.

I UNDERSTAND THE CHANGE THE PEOPLE WANT, THEY WANT ONE STORY LIVING.

WHEN I FIRST MOVED HERE, I NOTICED IN SMALLER HOMES HAVING ELEVATORS GOING TO SECOND FLOORS FOR THE OLDER PEOPLE AND FOR ACCESSIBILITY.

I UNDERSTAND THE CHANGE IN THE MARKET FOR HAVING BASICALLY TWO FLATS ON TOP OF EACH OTHER.

I DO BELIEVE WHEN THEY REPLOTTED ALSO FOR TWO INDIVIDUAL LARGE HOMES, I DON'T THINK THAT WOULD BE AS GOOD A FIT IS WHAT THE CONTINUATION OF THE COLLEGE COMMUNITY TO BE.

BUT I DO UNDERSTAND THE REDESIGNING, IT IS A LITTLE MORE DENSE THAN I WOULD LIKE TO SEE, BUT ALSO THEY DO HAVE A DIFFERENT CLIENTELE.

I DON'T HAVE A BIG HANG OF THAT.

I'M A LITTLE CONCERNED ABOUT THE ROUTING FOR ZERO SETBACK AS OPPOSED IT IS SIX.

WHAT'S THE CONFUSION ON THAT? THAT CAME UP TO ME.

>> I JUST ASKED THAT QUESTION BECAUSE STAFF POINTED IT OUT.

THIS WAS NOT A UNIQUE FIND IN JIM KURETSKI'S MIND, BUT IT WAS IN THE TABLES THAT STAFF HAD POINTED IT OUT AND SAID, WHICH THEY NORMALLY DO IN THE TABLE IS WHAT THE ACTUAL IS PER THE PLANS, AND THEN WHAT THE REQUEST WAS IF I WAS READING THAT CORRECTLY.

>> IS THERE A DEFINITE ON THOSE NUMBERS? I HATE TO VOTE ON SOMETHING THAT'S VAGUE.

>> AGAIN, I'M READING, IN THE PAGE 4, THE STAFF REPORT IS WHERE I WAS LOOKING.

THERE'S A TABLE 4 OR 5, AND IT WAS JUST SHOWING APPLICANT'S PROPOSAL 6.6 FEET.

>> WHAT PAGE?

>> PAGE 4, TABLE 5.

[BACKGROUND].

WE'RE GOING TO GET TO THE SITE PLANS NEXT TIME.

THAT'S WHAT'S ODD ABOUT THIS.

BUT WE REALLY WANT TO UNDERSTAND WHAT'S THE TOTALITY, WHAT THEY'RE ASKING SO WE CAN BEGIN DIALOGUE ABOUT PUBLIC BENEFIT JUST SO IT'S UNDERSTANDABLE.

>> CAN I CLARIFY THE SETBACK? BECAUSE IT IS SPECIFICALLY JUST FOR THE POOL ADJACENT TO THE PRIVACY WALL.

AGAIN, IT'S BECAUSE THEY'VE DESIGNED A FOUNTAIN.

IT'S NOT A WAIVER FROM A BUILDING SETBACK IS JUST THE POOL ADJACENT TO A PRIVACY WALL.

>> I UNDERSTAND.

>> NO DIFFERENT IN MY LIFE.

>> IT'S NOT A POOL ADJACENT TO THE CONSERVATION LAND

[01:40:05]

>> I GOT A TREE LINE BETWEEN THE GOLF COURSE.

>> THE FAIRWAY, I THINK IT IS.

IT ALSO LOOKS SO WHERE THEY'RE REVERTING BACK TO THE OLD, I GUESS YOU'D CALL IT ZONING OF THE ORIGINAL VISION OF THE TWO PARCELS.

BUT IT'S STILL A LITTLE TIGHTER THAN WHAT WAS APPLIED FOR AND APPROVED WITH A COTTAGE ENCLAVE, CORRECT?

>> YEAH. PERSONALLY MY PERCEPTION IS THAT'S BECAUSE THEY'RE PUTTING IN THE FITNESS CENTER THAT WAS CREATING THAT THEN THEY WANT THE LARGER UNITS TO BUY THEM AND THEN THAT PAID FOR THE FITNESS CENTER.

I DO THINK THAT THERE'S A RISK WITH A FITNESS CENTER STAND-ALONE.

IT'S AN EXPANDED SQUARE FOOTAGE USE THAT THE PARKING DEMAND COULD GO UP.

I DON'T KNOW HOW ANYBODY COULD SPECULATE IT'S NOT GOING TO GO UP, PERSONALLY.

BUT THAT'S JUST MY OPINION I'M STATING, SO PARKING.

WELL, IT MAY NOT HAVE BEEN AN ISSUE AND I'M NOT ASKING ANY QUESTIONS AND I'M SORRY BUT WE'RE DELIBERATING UP HERE.

THERE'S SOME THINGS I'M STRUGGLING. UNFORTUNATELY, THIS IS FIRST READING SO WE CAN DELIBERATE THEM, WE CAN GIVE SOME DIRECTION IF WE DECIDE TO ADVANCE IT.

SECOND READING, WE HAVE A LITTLE BIT MORE FREEDOM ON THIS ONE.

>> FOR ME, I THINK THE FITNESS CENTER WAS THE EASIEST THING TO LOOK AT AND TO GET COMFORTABLE WITH.

HAVING WALKED THE PROPERTY AND SEEING THE CURRENT FITNESS CENTER, IT REALLY IS A STORAGE ROOM AND IT WAS A VERY CREATIVE SOLUTION BY THE GENERAL MANAGER.

I UNDERSTAND WHAT THEY'RE TRYING TO DO WITH THAT.

WHAT MY CONCERN WAS AND HAS ALWAYS BEEN IS PRECEDENT.

I THINK THE MAYOR HAS AN EXCELLENT POINT WITH HOW, IN THE MINDS OF RESIDENTS, HOW IT IMPACTS OR COULD IMPACT THEM IN THIS TOWN.

THAT IS THE HARDEST THING TO GET THROUGH.

I THINK EVEN WHEN FIRST SEEING THIS, WHEN YOU SEE THE BUILDINGS, IT'S A GOOD POINT THAT EACH ONE OF THESE BUILDINGS IS LARGER THAN THE OTHER FIVE COTTAGES.

THE MASSING, IT'S JUST IMAGINING WALKING THROUGH IT.

THESE ARE MUCH LARGER BUILDINGS AND THERE'S ALMOST A TUNNELING EFFECT WITH THEIR PROXIMITY.

I GET THE DESIGN OR THE INTENTION OF IT BUT IT ABSOLUTELY IS NOT COMPATIBLE WITH THE COTTAGES NORTH OF IT.

THAT IS WHERE I'M STRUGGLING.

I AGREE WITH PUBLIC BENEFIT.

I ASKED MY REQUEST FOR REVEALING REQUESTS IS THE HISTORY OF PUBLIC BENEFITS, SO THAT WAS MINE.

I JUST WANT TO BE SURE THAT WE, FIRST OF ALL, ARE MAKING SURE THAT WE HAVE IT BECAUSE IN THE PAST SOME HAVE WAIVED IT AND IT WASN'T CONSISTENT AND I WANT TO BE CONSISTENT IN THIS.

IT SHOULD ALSO BE STRATEGIC AND SO I'M INTRIGUED AT WHAT I'M HEARING.

I DON'T QUITE UNDERSTAND IT ALL YET BUT WHATEVER OUR BENEFITS SHOULD BE, I THINK WE SHOULD HAVE IT AND ASK FOR IT, GIVEN THIS PRECEDENT, AND IT SHOULD BE STRATEGIC.

THE QUESTION IS, ARE THE TREES STRATEGIC AMOUNTS? IF I REMEMBER CORRECTLY, THIS IS UP FOR DISCUSSION WITH THIS COUNCIL IN THE FUTURE.

NOT THAT THAT IMPACTS THIS PROJECT BUT TALKING ABOUT HOW TO BE MORE STRATEGIC ABOUT THIS AND CONSISTENT.

>> WELL, I'M LOOKING AT THIS ALL A LITTLE DIFFERENTLY.

I KNOW THAT TECHNICALLY WE ARE ALLOWED TO GO AHEAD AND HEAR THIS APPLICATION THIS EVENING BUT FOR ME I STILL CAN'T GET PAST THE GATING ITEM THAT THERE'S LITIGATION REGARDING WHO HAS THE RIGHT TO BRING THIS APPLICATION FORWARD IN THE FIRST PLACE.

I SPENT FOUR YEARS AS THE PRESIDENT OF HOA, I WENT THROUGH TURNOVER, AND TO ME IT IS A SIGNIFICANT ISSUE THAT THERE'S A QUESTION ABOUT WHETHER THERE WAS A PROPER TURNOVER OR NOT.

I SAID BEFORE, I DON'T THINK THE TOWN SHOULD PUT ITS THUMB ON THE SCALE WHILE THERE'S A LITIGATION IN THIS MAGNITUDE GOING ON.

I THINK WE NEED TO STAY OUT AND LET IT GET RESOLVED.

OFTENTIMES, HOA MATTERS AND RULES RUN IN PARALLEL TO TOWN RULES BUT THERE ARE SOME TIMES THEY HAVE TO INTERSECT.

WHEN THERE IS A SIGNIFICANT ISSUE ABOUT WHETHER THE FUNDAMENTAL TENANTS OF 720 HAD BEEN COMPLIED WITH, I THINK WE HAVE TO STAY OUT OF THE WAY AND LET THAT GET RESOLVED.

IF WE GO AHEAD AND RULE ON THESE APPLICATIONS WE'VE

[01:45:01]

I'M NOT COMMENTING ON THE MERITS OF THE CASE BUT I THINK IT'S A SIGNIFICANT ISSUE THAT NEEDS TO BE RESOLVED ON ITS OWN TIME WITHOUT THE TOWN INTERFERENCE.

FOR ME, I CAN'T SUPPORT THESE ITEMS, I SAID THAT BEFORE.

I'M PLANNING AND ZONING.

I THINK THIS LITIGATION NEEDS TO BE RESOLVED FIRST BEFORE THE TOWN SEES IT.

TO ME, THIS WHOLE THING IS NOT RIPE.

>> CAN WE ASK OUR COUNCIL TO SPEAK TO THAT?

>> AS IT SHOWS IN THE STAFF REPORT, WE WERE ASKED THAT QUESTION AT PLANNING AND ZONING COMMISSION.

WE FEEL [NOISE] THAT THE COUNCIL CERTAINLY HAS THE AUTHORITY TO MOVE AHEAD AND THAT EVERY TIME THAT THERE'S LITIGATION FILED CHALLENGING SOME ACTION THAT THE TOWN MAY BE INVOLVED IN, THAT IN AND OF ITSELF SHOULDN'T CAUSE AN AUTOMATIC PAUSE UNTIL THE LITIGATION IS FINISHED BECAUSE IN THAT CASE PEOPLE CAN STALL AND KILL PROJECTS JUST BY FILING A COMPLAINT IN CIRCUIT COURT.

>> WELL, I THINK THERE'S A BIG DIFFERENCE BETWEEN WHETHER THE TOWN HAS AN ISSUE WITH GOING FORWARD OR NOT AND NO, THERE IS NOTHING THAT PROHIBITS THE TOWN TECHNICALLY FROM HEARING THE MATTER.

IT'S A QUESTION OF WHETHER IT'S WISE.

THE ISSUE HERE IS NOT JUST SOME SIDE ISSUE OR COMPLAINT, IS THE FUNDAMENTAL QUESTION OF WHO'S ON FIRST, WHO GETS THE RIGHT TO FILE THE APPLICATION IN THE FIRST PLACE? THAT'S NOT A SMALL MATTER.

TO ME IT IS SIGNIFICANT.

HAVING BEEN THROUGH TURNOVER AND DEALT WITH 720 I JUST THINK IT'S TOO LARGE OF AN ISSUE TO HAVE US JUST SAY, "OH, WELL, WE'LL JUST GO ON AND PROCEED AS IF IT'S JUST NOISE IN THE BACKGROUND." FOR ME, I CANNOT SUPPORT IT.

>> I HAD THE SAME CONCERNS BUT LISTENING TO THE COUNCIL AND THE REPORT I FEEL LIKE I DON'T KNOW THE ABILITY TO THE LAWSUIT, I'M NOT GOING TO COMMENT ON IT BUT LIKE THE TOWN ATTORNEY SAID, SOMETHING, HE GETS STALLED FOREVER.

I LOOK AT IT AS IF WE MAKE A MOVEMENT ON THIS ISSUE.

THEY'RE AT RISK OF DOWN THE ROAD BEING SHUT DOWN OR I DON'T KNOW BUT I DON'T THINK IT'S FAIR TO JUST HOLD THIS UP IN PERPETUITY BUT I TOTALLY UNDERSTAND YOUR CONCERN ABOUT ITSELF.

I'M NOT COMFORTABLE ACTING OR MOVING ON WITH IT.

>> LET ME SAY THIS, I CERTAINLY WANT TO MAKE SURE I'M SENDING A CLEAR MESSAGE THAT I'M GOING TO CONSIDER EVERYBODY'S OPINION.

I'M GOING TO PONDER HERE TONIGHT ON WHETHER OR NOT AN ACTION ON THE FIRST READING HAS ANY TOTALITY OF SIGNIFICANCE UNTIL THE 2ND ANYWAY, TO MAYBE FOLLOW UP.

I HAPPEN TO BE FAMILIAR WITH A CASE THAT A COWORKER HAD FILED IN MORTON COUNTY MANY YEARS AGO.

VERY SIMILAR OR NOT SIMILAR BUT IT WAS A CASE WHERE THE DEVELOPER WENT AHEAD AND THE JUDGE RULED THAT THE ONLY REASONABLE REMEDY WAS, SINCE IT WAS WRONG, WAS TO TEAR DOWN THE BUILDINGS.

HE DID HAVE TO TEAR DOWN THE BUILDINGS. YOU REMEMBER THAT ONE? [NOISE] THERE ALWAYS IS A RISK IN MITIGATION.

THE RISK LIES ON REALLY THE APPLICANT, IF YOU WILL, WHEN YOU'RE IN LITIGATION BUT DIDN'T WE HEAR THAT, CAN YOU CLARIFY, I KNOW IT'S PROBABLY IN THERE BECAUSE I MUST HAVE READ IT SOMEWHERE, THAT A JUDGE DID RULE ON ANY INJUNCTION OR WHATEVER, DIDN'T THEY?

>> THERE WAS [NOISE] A MOTION FOR TEMPORARY INJUNCTION, WHICH WAS IN PART WHY THE P&Z COMMISSION WENT AHEAD AND ASKED TO DELAY THE CONSIDERATION AND ULTIMATELY THE JUDGE RULED AGAINST GRANTING THE TEMPORARY INJUNCTION.

>> RIGHT.

>> I KNOW THAT MAY IS NOT THE END OF IT HERE, BUT THAT'S A FACTOR THAT AT LEAST AT THIS POINT IN TIME, I SIT HERE WITH BIDEN.

THERE'S STILL TIME IN THE LEGAL PROCESS TO RUN SOME MORE HERE BEFORE THERE WOULD BE ANY BUILDING PERMIT OR ANYTHING LIKE THAT STARTED.

IF CAN JUST GO BACK TO PARKING REQUIREMENTS BECAUSE THIS IS JUST A POINT WHERE WE'RE JUST THROWING OUT THINGS THAT WE'RE INDIVIDUALLY STRUGGLING WITH OR SOLUTIONS.

GRANTED THAT A HIGH-END COMMUNITIES SUCH AS THIS, IF PARKING ISSUES WERE TO SURFACE, THEY WOULD LIKELY CURE THEM, NONETHELESS, THEY COULD PRESENT THEMSELVES WITH

[01:50:03]

IN MY MIND STILL THERE'S IN SO THE ACTION WE TAKE TO ALLOW THE LESSER OF THE TWO, SO TO SPEAK, DOES SAVE FROM A BURDEN OF EXTRA PARKING.

THERE'S SOMETHING I'M GOING TO TAKE INTO ACCOUNT, IF YOU WILL, AS ONE OF THE THINGS THAT THERE SHOULD BE SOME PUBLIC BENEFIT FOR HEALTH.

I ALSO WANT TO EMPHASIZE AGAIN FOR THE APPLICANT, SO THERE'S NO MISUNDERSTANDING.

WE HAVE COMMUNITIES THAT ARE VERY CHARITABLE AND COMMUNITY AND THAT'S COMMENDABLE AND WE'RE GRATEFUL FOR THAT, BUT THAT DOESN'T FALL IN THE REALM OF THE PUBLIC BENEFIT.

YOU MAY NOT THINK OF IT THAT WAY, BUT I LIVE IN A SHORES, WE HAVE 500 HOMEOWNERS THAT BACKUP TO OBSERVE OUR LAKE.

THEY CAN'T GET A POLE TO THE ZERO PROPERTY LINE AND MANY OF THEM INDIVIDUALLY MAY CONTRIBUTE SIGNIFICANTLY CHARITABLY.

THEY MAY THINK, "I'M A GOOD PUBLIC STEWART HERE AND I DON'T GET IT." AGAIN, WE HAVE TO BALANCE THAT.

I JUST WANT YOU TO UNDERSTAND ON THAT BECAUSE IT SEEMS IT'S THE FIRST TIME SOME OF YOU ARE DEALING WITH PUBLIC BENEFIT, BUT THERE'S A DISTINCTION THERE AT LEAST I THINK, NOW WHAT IT BECOMES IS THE WILL OF THE MAJORITY HERE, I'M JUST STEALING MY THOUGHTS ABOUT THAT.

I DRIVE A FABRIC SMALL TWICE A DAY, I'VE DONE THAT FOR 30 YEARS, SO I'M WELL FAMILIAR WITH WHERE THEY'RE TALKING ABOUT PLANTING TREES.

[LAUGHTER] I'VE ALSO OFTEN PONDERED WHAT THAT ABOUT THAT PROPERTY, SOME BETTER USE OF FLORIDA, WHATEVER SO IN ONE REGARD, THE TREES THAT WOULD BE PERPETUALLY MAINTAINED AS I UNDERSTAND IT.

THERE'S SOME BENEFIT. I'M STILL NOT CONVINCED THAT THAT IS APPROPRIATE OR ADEQUATE, BUT I'M PONDERING ABOUT THAT AND THIS IS FIRST READING.

I WANTED TO MAKE SURE THAT WE DO THE HOUSEKEEPING ISSUE ON THE PRESERVE, WHICH THEY SAID HE DIDN'T HAVE ANY ISSUE WITH THAT SO THAT COULD BE A CONDITION THAT WE ADD.

THAT MEANS THAT WHEN WE PROCEED MAKING THAT PRESERVED PROPERTY ZONE, THAT WAY, THERE'S NO DEBATE ABOUT IT BECAUSE THEY'VE AGREED TO THAT, THAT'S A BENEFIT TO TIE UP.

IT'S NOT REALLY A PUBLIC BENEFIT OF JUST HOUSEKEEPING ITEM BECAUSE THAT'S WHAT IT WAS PLANNED FOR AND THEY WERE ACCEPTING THAT AND I'D LIKE TO SEE A CONDITION ON THAT.

[OVERLAPPING]

>> PERMANENT CONSERVATION?

>> YEAH. ONLY BECAUSE WE HAD HEARD ABOUT A CASE SOME YEARS BACK WHEN THERE WAS GOING TO BE MAYBE AN ASK OF, "HEY, CAN WE CHANGE IT TO SOMETHING ELSE?" THE PUBLIC WAS SENSITIVE ABOUT THAT.

WITH THAT, I'M STRUGGLING WITH THE PUBLIC BENEFITS TO ASK WHAT'S APPROPRIATE TO ASK FOR, SO IT'D BE NICE IF THOSE THAT THINK THEY MIGHT SUPPORT SOMETHING CAN WEIGH IN ON WHAT YOU MIGHT THINK.

I DIDN'T GET A CHANCE TO LOOK AT THE WHOLE HISTORY OF THAT, BUT TO ME, THIS IS AN EXTRA ASK, BUT IT DIDN'T GET A CHANCE TO LOOK AT WHAT THAT ROUNDED AROUND US FOR.

>> I JUST WANTED TO QUICKLY SAY, I DON'T NECESSARILY HAVE THE SAME CONCERN ON PARKING.

THIS IS A VERY INSULATED COMMUNITY, VERY UNIQUE MARKET, VERY UNIQUE CLUB, AND JUST THE SQUARE FOOTAGE PER PERSON THAT HAS PART OF THE CULTURE OF THIS FOR A FITNESS CENTER, OTHERWISE, IT CAME ACROSS TO ME.

I ALSO UNDERSTAND THE INCREDIBLE NEED TO MAKE SURE THAT THE MEMBERSHIP IS PLEASED WITH ITS LEVEL OF SERVICE AND I HAVE SOME CONFIDENCE THAT THAT WOULD NEVER LAPSE, BUT WITH PUBLIC BENEFIT, I AGREE.

I LIVE OFF OF FREDERICK SMALL ROAD.

I LIVE ON IN VALENCIA AND ABBA COLA AND I ALSO DRIVE THAT PART.

I TAKE THE LEFT ON ALT A1A AND IT'S THE EDGE OF TOWN.

I DON'T SEE AS MUCH TRAFFIC OR PEDESTRIAN TRAFFIC THERE.

THERE ARE A LOT OF OTHER PLACES IN TOWN, I'D LOVE TO SEE TREES STRATEGICALLY.

I THINK SOME OF THOSE HAVE COME UP IN PINE GARDEN SOUTH LATELY.

AGAIN, I THINK WE NEED TO BE STRATEGIC, I KNOW THERE'S A ROUND-TABLE COMING UP.

I LIKE THE IDEA OF THE CONTRIBUTIONS THAT HAVE GIVEN IN THE PAST, I DON'T KNOW WHAT THE AMOUNT OF THAT CONTRIBUTION WOULD BE.

[01:55:03]

WE HAVE A TOWN GREEN COME COMING UP AND THERE ARE DISCUSSIONS AROUND WHAT THE AMENITIES SHOULD BE FOR THAT, I DON'T KNOW IF THERE'S MORE NEEDED FOR THE QUIET ZONES, BUT JUST THE FLEXIBILITY OF THAT COULD BE USEFUL.

WE'D HAVE TO DEFINE IT AND MAKE SURE IT FITS IN THE STRATEGIC PLAN, THIS IS FIRST READING.

BUT THESE ARE JUST THE THOUGHTS AS WE APPROACH THIS.

>> JUST GIVEN THE PUBLIC BENEFIT, I THINK IT'S A GREAT OPPORTUNITY ACTUALLY FOR THE TREES BECAUSE ON THAT CORNER, WHICH WOULD BE THE SOUTHEAST CORNER, EVEN THOUGH IT'S USED FOR POST-STORM DEBRIS COLLECTION AND STUFF LIKE THAT, IT IS MORE USED FOR CAR CARRIERS TO DROP OFF CARS, AND IT LOOKS TERRIBLE.

I'M TIRED OF SEEING IT, HONESTLY, AND I UNDERSTAND YOU MAY HAVE A LOT OF RESIDENTS SAY HAD THEIR CAR DROPPED OFF THERE, BUT IT'S JUST A DIRT LOT.

IN A TOWN THAT WE'RE STRIVING FOR BETTER AESTHETICS ALONG OUR ROADWAYS, I THINK IT MIGHT BE AN OPPORTUNITY TO PLANT SOME TREES THERE AND THEN KEEP THE CAR CARRIERS FROM DROPPING CARS OFF AND CONTINUALLY SCREWING THAT AREA UP AND MAKING A DIRT, SO I THINK IT MIGHT BE A GOOD OPPORTUNITY THERE TO KEEP THAT FROM HAPPENING.

MAYBE ADD SOME BEAUTIFICATION TO THAT CORNER BECAUSE IF YOU DRIVE BY IT'S JUST DIRT AND WEEDS AND STUFF LIKE THAT.

>> THAT'S TRUE ABOUT THE COORDINATE.

>> WELL, ON THAT, NUMBER 1, I WAS INTRIGUED ABOUT THE THOUGHT OF MONEY GOING TOWARDS THE TOWN GREEN BECAUSE IT'S NICE IF YOU CAN MAKE A CONNECTION BETWEEN A DONATION WITH A PUBLIC BENEFIT RATE, SO I LIKED THAT IDEA.

I'M INTRIGUED AGAIN, I GO BY THERE TO AND FROM WORK FOR 30-SOMETHING YEARS AND PART OF THE CONDITION THERE IS THE FACT THAT WE'VE USED IT AS A DEBRIS REMOVAL SITE AND THE INTENTIONS BECAUSE THAT ALLOWS THE GATED COMMUNITIES AND TAKE THEIR DEBRIS, PUT IT OUT IF YOU ALL DON'T KNOW IN NEW PUBLIC RIGHT-OF-WAY, SO THEN IT CAN BE PICKED UP, SO THIS COMMUNITY BENEFITS FROM THAT.

OTHERWISE, THEY'D HAVE TO DISPOSE OF IT THEMSELVES, BUT THAT LEADS TO THE FACT THAT ONE TIME IT WAS WELL, REASONABLY GRASSED, BUT EVERY TIME IT GETS PUT TO THAT USE, IT DOESN'T GET RESTORED.

>> THAT'S THE THING, WE HAVEN'T HAD A MAJOR STORM AND I'D SAY IT'S 17 WHERE WE ACQUIRED DEBRIS FOR STORAGE AND SO BECAUSE OF THAT, YOU WOULD HAVE THOUGHT THE GRASS WOULD HAVE GROWN BACK BY NOW, BUT IT'S NOT BECAUSE EVERY SIX MONTHS, LARGE CAR CARRIERS PARK THERE TO DROP-OFF CARS FOR ANIMALS OR WHEREVER IT'S GOING TO GO.

I THINK YOU CAN STILL BE DESIGNED IN A WAY AND THE TREES CAN BE PLANTED IN SUCH A WAY THAT WE COULD STILL USE IT AS DEBRIS AREA, BUT THAT WOULD ALSO KEEP CAR CARRIERS FROM BEING ABLE TO PARK THERE.

>> IT'S NOT JUST CAR CARRIERS BY THE WAY, THE LINEUP WAITING TO GET IN WHEN THEY OPEN IN THE MORNING CAN BE PRETTY SIGNIFICANT ON CONTRACTORS AND WHAT HAVE YOU PULLOVER AS WELL, SO THAT'S WHY IT'S ALWAYS GOING TO HAVE THAT AS WELL.

BUT AGAIN, I LIKE THE TREES, I JUST NOT SURE, 10 DOES IT FOR ME.

BUT AGAIN, WE'RE JUST DELIBERATING UP HERE.

>> I'M INTERESTED IN THE RESERVE THOUGHT OF IN A PERMANENT CONCENTRATION.

YOU'RE TALKING ABOUT SIX THAT'S 16 ACRES OF THE WHOLE PROPERTY JUST TO 16 ACRES?

>> PROBABLY FROM A PRACTICAL STANDPOINT, IT'S THE LARGER PIECES, IS PRACTICAL TO PUT IN AND THE WHOLE SLEW TO SMALL ONES.

>> OKAY. I'M OPEN-MINDED TO THE TREES THERE.

>> BUT THAT'S NOT A PUBLIC BENEFIT, THAT'S JUST AN AGREEMENT IN WHAT WE WERE GOING TO DO ANYWAY, SO IT'S GOING TO BE A CONDITION IN THERE. [OVERLAPPING]

>> HOUSEKEEPING.

>> HOUSEKEEPING, YEAH.

>> OKAY.

>> BECAUSE IT'S IN PERPETUITY ALREADY, [OVERLAPPING] SO IT DOESN'T TAKE VERY MUCH TO DO THAT.

>> YEAH.

>> AT COUNCIL MEETING, WE TALKED ABOUT THAT, THE OTHER SIDE OF THE STREET THERE.

I FORGOT, THERE WERE A COUPLE OF SONGS OF THAT DEBRIS FIELD WAS GIGANTIC AND WAS THERE FOR MONTHS AND I JUST WONDER LIKE IF IT'S NOT THERE, WHERE ARE THEY GOING TO PUT IT.

BECAUSE THAT WAS A VERY CONVENIENT PLACE TO PUT DEBRIS AND IT WASN'T OUTSIDE OF THE ANYBODY'S FRONT WINDOW, BUT I'M ALL FOR IT.

I'M SURE THAT WE'LL DO SOMETHING DOWN THERE.

>> BUT THE TOWN RELIES UPON THAT AND IT'S NOT THIS COMMUNITY ALONE THAT PUTS DEBRIS THERE.

I JUST WANT TO EMPHASIZE THAT, BUT NONETHELESS, THEY ARE BENEFICIARY OF IT.

>> THERE'S OTHER AREAS IN THE TOWN THAT WE USE THE EASEMENTS FOR DEBRIS STORAGE ALONG MAPLE WOOD DRIVE JUST NORTH OF INDIAN CREEK.

[02:00:04]

>> DO WE WANT TO BRING THIS TO A CLOSURE FOR SOME ACTION TONIGHT OR CONTINUE IT OR WHAT?

>> CAN I CLARIFY SOMETHING REAL QUICK REGARDING THE PRESERVE AREA?

>> I'M GOING TO ALLOW THIS LAST ONE. GO AHEAD.

>> I JUST WANT TO CLARIFY, THE CLUB DOES NOT OWN A LOT OF THAT PRESERVE AREA.

WE OWN A LOT THAT IS AROUND THE GOLF COURSE, BUT WE DON'T OWN OTHER PRESERVE AREAS WITHIN THAT DEVELOPMENT, SO I JUST WANTED TO CLARIFY.

I DON'T KNOW IF THERE'S AREAS NEXT TO THE GOLF COURSE THAT ARE PRESERVED THAT WE HAVE, THAT WE OWN IS ATTACHED TO THE CLUB ITSELF, BUT THERE ARE SOME OTHER OUTSIDE RESERVE AREAS OWNED BY THE POA AND POTENTIALLY OWNED BY SOMEBODY ELSE TO DEVELOPERS.

I JUST WANT TO CLARIFY THAT WE DON'T OWN ALL THE PRESERVE AREA WITHIN THOSE WALLS.

>> DID YOU GET APPROVAL FROM THE POA TO COME BEFORE HERE TO MAKE THIS APPLICATION?

>> NO, WE WERE MAKING APPLICATION FOR THE LAND THAT WE OWNED.

>> DO WE KNOW WHAT POA HAS POSITION IS ON YOUR APPLICATION?

>> YES, THE POA VOTED AS FAR AS THEIR APPROVAL FOR THOSE TWO LOTS BE TURNED INTO THE SIX CONDOS AND FITNESS CENTER. THEY APPROVED THAT.

>> THANK YOU.

>> CAN WE ASK STAFF TO SPEAK TO THAT?

>> I WAS GOING TO ASK MR. CAPKO IF YOU CAN SPEAK TO THAT, MAYBE IT'S A LEGAL THING.

I WAS LOOKING TO GET A CONDITION THAT BRINGS CERTAINTY THAT THERE'S NO OBJECTION TO OUR INTENTION TO MEMORIALIZE AND DEZONING WHAT WAS ALWAYS AGREED TO IN THE DEVELOPMENT ORDER, HOW WOULD YOU SUGGEST THAT BE DONE?

>> WELL, WITH REGARD TO PROPERTY THAT'S OWNED BY THE APPLICANT HERE, THEN WE COULD CERTAINLY DO THAT AS A CONDITION OF APPROVAL.

NOW, AS FAR AS PROPERTY THAT MAY BE OWNED BY A SEPARATE ENTITY, WE WOULDN'T BE ABLE TO TIE THAT.

>> RIGHT.

>> WE COULD ASK THAT THEY COOPERATE IN HAVING THAT SUCCESSFULLY ACCOMPLISHED, BUT WE WOULDN'T BE ABLE TO FORCE THEIR HAND ON THAT.

>> THAT'S A PRETTY IMPORTANT ONE FOR ME THEN BECAUSE THAT WOULD BE RELYING UPON THEM CERTAINLY BEFORE I JUST PUT ANYTHING ON SECOND READING TO BRING FORTH WHOEVER IT IS RESPONSIBLE TO BRING CLOSURE TO THAT THOUGHT THAT PRESERVE PERPETUAL.

MAYBE MR. SICKLER CAN ANSWER.

I DON'T WANT TO HAVE THE RISK OF SOMEBODY ELSE HAVING SOME IDEA, THEY CAN COME BACK AT LATER DATE AND ASK FOR THAT.

>> YEAH, ACTUALLY I WANTED TO STAND UP AND CLARIFY THE ISSUE OF THE POA PROVIDING AUTHORIZATION AS IT IS OUR UNDERSTANDING THAT THEY DID PROVIDE AUTHORIZATION AND HAD TO PROVIDE AUTHORIZATION FROM THE POA IN ORDER TO AMEND THE OVERALL PUD.

THE APPLICANT SHOULD MAYBE CHECK THEIR RECORDS ON THAT, MAKE SURE WE'RE ALL ON THE SAME PAGE.

>> THE ISSUE WITH THAT IS THE QUESTION LAWSUIT IS WHETHER THAT WAS PROPERLY GIVEN AND WHETHER POA WAS PROPERLY CONSTITUTED, AND WHETHER THEY HAVE THE RIGHT TO GIVE THE APPROVAL IN THE FIRST PLACE.

>> YEAH. I KNOW THAT'S VERY SIGNIFICANT TO RUN THE GROUND, BUT LIKE MR. SICKLER JUST SAID, THEN WE NEED TO MAKE SURE THAT THAT'S CLEAR.

>> WE HAVE REPRESENTED THAT ON PAGE SIX OF THE STAFF REPORTS.

I BELIEVE THAT IS IN OUR RECORDS.

WE DON'T HAVE THEM WITH US AT THE MOMENT.

WE'VE CERTAINLY VERIFIED THAT BEFORE YOU SEE THIS AGAIN.

BUT THE APPLICANT MAY BE ABLE TO-

>> I VERY MUCH APPRECIATE YOUR STANDING UP BECAUSE IT WAS A PRESUMPTION OF MINE AND A PUD AMENDMENT THAT THE APPLICANT HAD THE AUTHORITY TO BE ASKING FOR AN AMENDMENT TO THE PUD, WHICH IS OBVIOUSLY WHAT YOU'VE RELIED UPON, RIGHT?

>> YEAH.

>> THANK YOU. [NOISE] DOES THAT CHANGE ANYTHING FROM YOUR MIND?

>> YEAH. THEY WOULD PROBABLY HAVE THE AUTHORITY TO AGREE TO THAT CONDITION FOR THE APPROVAL.

>> OKAY.

>> HOW WOULD ONE GO ABOUT CONSTRUCTING A MOTION FOR THIS? I'M A BIT CONFUSED ABOUT WHAT TO DO.

>> WELL, IF THE WORK CONDITIONS TO BE ADDED, YOU WOULD INCLUDE AN EMOTION, THE CONDITIONS, SO WE COULD TALK ABOUT THEM HERE AND WHAT CONSENSUS AUDIO FOR CONDITIONS TO BE INCLUDED.

[02:05:01]

IS THAT FAIR OF STAFF? USUALLY, WE'RE NOT HAVING TO WRITE IT UP HERE AND WE'LL SEE IT AGAIN.

I ASK STAFF TO PROPOSE THAT GENERALLY THEY WRITE IT UP NOW AS WE'RE TALKING, COME BACK AND READ IT INTO THE RECORD BEFORE WE WOULD TAKE A FORMAL ACTION.

ANYTHING ELSE ON THE WAY OF CONDITIONS? WELL, CERTAINLY PUBLIC BENEFITS IS INCLUDED IN HERE.

THERE IS A CONDITION ON PAGE 6 OF THE ORDINANCE, NUMBER 6 THAT I HOPE I GET SUPPORT FOR THIS, IS JUST REALLY SHOULD HAVE NO IMPACT, BUT JUST WHERE IT SAYS, TO COMPILE MEMBERSHIP SHALL NOT EXCEED 325 MEMBERS.

ANY INCREASE IN MEMBERSHIP SHALL REQUIRE REVIEW AND APPROVAL OF THE TOWN COUNCIL.

I'D LIKE TO ADD [NOISE] AND ASSOCIATE INCREASED PARKING BECAUSE EVERY THING HE REALLY IS FOUNDED ON THE REPRESENTATION THAT IS THAT MEMBERSHIP AND I DON'T WANT TO HAVE THIS POTENTIAL.

THEY'RE COMING BACK TO ASK FOR US TO IMPROVE TO INCREASE IT TO 400 AND I'D RATHER HAVE THE CONDITION ALREADY SAY THAT IF YOU'RE GOING TO INCREASE- [OVERLAPPING]

>> PARKING.

>> THEN YOU'RE GOING TO HAVE TO DO PARKING AS WELL.

AGAIN, IT WAS JUST A MEETING AT THE END OF THAT SENTENCE AND ASSOCIATED INCREASE PARKING, IMPLYING THAT WOULD COME ALONG WITH IT BECAUSE WE HAVE AGREEMENT ON THAT.

THAT'S THE SECOND CONDITION ADJUSTMENT AND THEN REALLY DO BELIEVE THAT WE HAVE TO AT LEAST HAVE A MAJORITY CONSENSUS, WHICH IS THREE ON THE PUBLIC BENEFIT.

I BELIEVE IT'S GOING TO GO TO THE HEART OF THE MATTER ON.

AGAIN, I JUST USE BY EXAMPLE, IF WE WERE TO GO ALONG WITH THE POSITION OF THE PLANNING AND ZONING COMMISSION IN A FIVE WESTWARD TO VOTE.

THEIR MIND, I'M PRESUMING COULD HAVE BEEN DIFFERENT IF THERE WAS A PUBLIC BENEFIT FOR THAT INCREASED MASSING.

I DON'T KNOW IF THAT'S THE CASE.

>> BECAUSE THAT WOULD BE A HARDER SITUATION TO REPLICATE.

THAT SETS IT APART IN TERMS OF PRECEDENT, LIKE YOU'RE TALKING ABOUT, THE AMOUNT OF PUBLIC BENEFIT THAT THEY COULD PROVIDE IN THAT CASE.

>> NO, I UNDERSTAND. I'M JUST SAYING, PLANNING AND ZONING COMMISSION DOESN'T HAVE THE RIGHT WHERE THEY CAN'T WEIGH IN ON PUBLIC BENEFIT, SO HAD THAT RIGHT THEN THEY MAY HAVE CONDITIONED SOMETHING THAT THEY COULD HAVE SUPPORTED THEM WERE SPECULATING UP HERE.

IT DOESN'T MATTER, IT'S NOW IN OUR COURT, BUT I WAS SYMPATHETIC TO THE CONCERN ABOUT MASSING HENCE I WAS WINNING THAT WAY.

WELL, HOW DO I OVERCOME THAT? I DON'T KNOW WHATEVER BE ELSE'S POSITION IS ON THAT.

I THINK THE FACT THAT THEY'RE BENEFITING FROM THE MASSING BECAUSE FUNDAMENTALLY THAT'S HOW THEY'RE PAYING FOR THE CONSTRUCTION AND FITNESS CENTERS, SO IT SEEMS LIKE IT'S NOT UNREASONABLE TO EXPECT THE PUBLIC BENEFIT TO THE GENERAL PUBLIC.

>> IT'S TOTALLY REASONABLE. I PUT IN A POLL AND I REMEMBER 13 FOOT SETBACK.

I LIVE NEXT TO OUR PARTNER.

>> YEAH.

>> IT'S OUT THERE AND I THINK I EXPLAINED IT ON MR. WESSELMAN ABOUT WHEN WE GIVE AWAY A WAIVER, IT'S AN ASSET OF THE TAXPAYERS THAT WE'RE GIVING TO THEM, SO WE EXPECT SOMETHING IN RETURN.

I'M DOING WELL WITH THAT.

>> PERHAPS A CONTRIBUTION TO THE TOWN GREEN?

>> YEAH.

>> SHOULD WE GO FOR IT?

>> IN ADDITION TO THE 10 TREES.

>> CORRECT. OKAY.

>> I'M JUST TRYING TO BUILD A CONSENSUS HERE BECAUSE I THINK WE ALL SEE SOME BENEFIT FOR THAT, SO THAT WAS PROPOSED THEN MAYBE A MONETARY TOWARDS THE TOWN GREEN.

I THOUGHT IT OUT THERE TO TRY TO.

>> I FEEL LIKE IT SHOULD BE EITHER OR HONESTLY, I DON'T KNOW.

>> WE'VE NEVER REALLY HAD A FULL DISCUSSION ABOUT THE TOWN GREEN.

YOU'RE ASSUMING THAT THE TOWN GREEN, AS IT HAS BEEN SUGGESTED AT ONE POINT IS GO FORWARD AND WE HAVEN'T HAD A REAL CONVERSATION ABOUT THAT, SO I'M NOT REALLY SURE IT'S APPROPRIATE TO USE THAT AS A CONDITION.

>> I WAS NOT BY THE WAY, I DON'T HAVE ANY PRECONCEIVED NOTION ABOUT THE TOWN GREEN OTHER THAN THERE'S GOING TO BE SOME TALENT PUBLIC SPACE AND THE COUNSELORS CAN DECIDE WHAT THAT IS AND THAT TOWN PUBLIC SPACE IS GOING TO COST MONEY, SO WHEN IT WAS SUGGESTED, I WAS THINKING THAT THAT WAY, I'M OPEN.

[02:10:02]

>> IF THEY'RE GOING TO PROVIDE PUBLIC BENEFIT, I THINK THE PUBLIC BENEFIT QUOTATIONS AROUND IT SHOULD BE IN RELATION TO THEIR PROPERTY, WHETHER IT'S FROM THE OUTSIDE MAKING IT MORE AESTHETICALLY PLEASING OR SOMETHING LIKE THAT.

I DON'T THINK WE SHOULD BE TAKING PUBLIC BENEFIT AND MOVING IT TO ANOTHER SIDE OF THE TOWN BASED ON THAT.

I THINK IT SHOULD BE IN RELATION TO THAT PROPERTY.

>> I THINK YOU MAKE AN EXCELLENT CASE FOR THE TREES.

I REALLY APPRECIATED YOUR COMMENTS EARLIER, BUT I DO KNOW THAT IN THE PAST WE HAVE HAD PUBLIC BENEFIT FOR THE TRAINS, THE QUIET ZONES THAT ARE IN ENORMOUS BENEFIT TO RESIDENTS AND I FORGET TO THE GATEWAYS AND OTHER STRATEGIC ITEMS. THAT'LL COME UP IN DISCUSSION IN FUTURE MEETINGS.

MAYBE THE BEST WAY IS TO JUST KEEP IT SIMPLE.

I WAS WONDERING ABOUT HOW STRATEGIC THESE TREES WERE, BUT COUNSELOR MAY DOES AN EXCELLENT CASE FOR THEM.

PERHAPS THAT'S THE SIMPLEST WAY FORWARD IS TO ADD A CONDITION FOR THE PRESERVE AREA, AND TO MOVE FORWARD WITH THE TREES WITH THE STAFF CONDITIONS GIVEN THAT THAT AREA IS USED FOR DEBRIS.

THOUGHTS.

>> I STILL THINK THE AREA COULD STILL BE USED FOR DEBRIS DUMPING EVEN IF TREES ARE THERE.

>> AGREED.

>> BUT IT WOULDN'T BE ABLE TO BE USED AS VEHICLE PARKING AND STUFF LIKE THAT.

I THINK IT'S A WIN-WIN.

>> THE BEARS CLUB BENEFITS FROM IT AS WELL.

IT'S NEAR THEIR PROPERTY.

IT'S A NICE, NEAT SOLUTION.

>> I'M GOOD WITH THAT.

>> I DON'T BELIEVE 10 IS ENOUGH, BUT THERE'S THREE THAT ARE.

I'M JUST GOING TO STATE THAT.

>> WHAT NUMBER DO YOU HAVE?

>> I DON'T KNOW. I'D REALLY HAVE TO THINK ABOUT IT.

IT'S A LONG STRETCH.

>> IT IS A LONG STRETCH.

>> IT'S A LONG STRETCH, I MEAN I DRIVE ALONG THERE SO I DON'T KNOW, TRYING TO IMAGINE.

>> IT'S LIKE A RUNWAY.

>> WE'RE GOING TO HAVE ANOTHER RUN AT THIS NEXT TIME.

BUT I CERTAINLY DON'T WANT TO THINK, 10 IS GOING TO REALLY DO IT.

>> ARE WE STICKING WITH OAKS BECAUSE WE WANT TO MAKE SURE THEY HAVE ENOUGH DISTANCE BETWEEN THEM IF THEY ARE? [LAUGHTER] GIVEN OUR HISTORY AROUND THE COAST AND ON THE SHORES.

>> YEAH, BUT WE'RE TALKING ABOUT BEING OUT IN AN AREA.

THAT THERE ISN'T ANY SIDEWALKS OR WHATEVER [OVERLAPPING].

>> CORRECT.

>> BUT IT'S A LONG STRETCH.

>> I THINK FOR NOW WE START WITH 10 AND SEE WHERE IT GETS US.

THEN IF ANYTHING, WE CAN MAKE IT A STRATEGIC PRIORITY OF OURS FROM THE TOWN STANDPOINT TO ADD MORE AT A LATER DATE.

[OVERLAPPING]

>> YEAH, LET'S HAVE THE DISCUSSION ABOUT PUBLIC BENEFIT, PD AMENDMENTS.

WE HAVE THAT COMING UP SOMEWHERE.

REALTOR MANAGER NODDING, SO LET'S MAYBE KEEP IT SIMPLE UNTIL THEN.

>> THEY'VE AGREED TO 10. I DON'T WANT TO PUSH ANYTHING CRAZY.

LIKE I SAID, SEE WHERE IT GETS US AND THEN AT THE TIME WE COULD USE SOME OF OUR FUNDING TO BEAUTIFY THE AREA.

AS OUR RESIDENTS SO OFTEN ASK US TO DO.

>> DOES REALIZE THAT MR. SICKLER'S STAFF HAVE THE RECOMMENDED LANGUAGE.

[NOISE] DON'T WANT TO BURDEN YOU IF YOU DIDN'T GET IT DONE.

>> I HAVE THE BASIS FOR IT, CERTAINLY, IT'D BE SUBJECT TO THE ACTING ATTORNEY'S REVIEW, WHEN WE RESUBMIT THE ORDINANCE.

BUT THE APPLICANT SHALL REVISE THE STATEMENT OF USE TO INDICATE THAT THEY HAVE NO OBJECTION TO THE TOWN'S INTENT TO MODIFY THE FUTURE LAND USING ZONING OF THE CONSERVATION AREAS FROM RESIDENTIAL TO CONSERVATION WITHIN THE BEARS CLUB WHEN PROPOSED BY THE TOWN.

>> GOOD. THEN THE ORDINANCE THAT'S BEFORE US IT ALREADY HAS IN IT 10 TREES.

DOES IT ALSO HAVE ANY PERPETUAL MAINTENANCE OBLIGATION?

>> IT DOES, BUT IT ALSO HAS AN OPTION IN THERE.

IT'S NOT POSSIBLE FOR THEM TO PLANT THEM IN THAT LOCATION.

THAT THEY WOULD NEED TO INCLUDE ESTIMATES FOR THE LONG-TERM MAINTENANCE OF THOSE TREES IF THEY'RE PLANTED ELSEWHERE AND BECOME THE RESPONSIBILITY OF THE TOWN.

BUT IT IS OUR PRIMARY INTENT TO LOCATE THEM AT THAT LOCATION.

>> NOW, BASICALLY THEY WOULD HAVE TO SEEK PALM BEACH COUNTY?

>> YES.

>> I JUST WANT TO MAKE SURE THAT THE COUNCIL UNDERSTANDS THEY'D HAVE TO SEE PALM BEACH COUNTY'S APPROVAL TO PUT THEM THERE.

I'M CONCERNED IF IN FACT THE COUNTY DIDN'T, THAT WE THEN INHERIT MONEY. I'M NOT SURE.

WAS THE ORDINANCE CLEAR THAT WHATEVER EQUIVALENT MONEY WOULD BE WOULD HAVE TO ALSO BE THE EQUIVALENT PERPETUAL MAINTENANCE?

[02:15:01]

>> WHAT I SUSPECT THEY MAY REQUIRE IS THAT THERE'S A MAINTENANCE AGREEMENT THAT THE TOWN HAS ULTIMATE RESPONSIBILITY FOR.

BUT WE'RE PASSING THAT ALONG THROUGH THIS [OVERLAPPING]

>> NO I UNDERSTAND THAT. BUT I WAS SAYING IN THIS SCENARIO OF JOHN, WHERE THE COUNTY WOULDN'T APPROVE IT THERE AND WE'RE GOING WITH WHAT YOU HAVE AS A SECOND ALTERNATIVE, RIGHT?

>> YES.

>> WOULD IT GIVE US MONEY? MAKING THE CASE THAT YOU MADE VERY WELL IN HERE, YOUR STAFF DID.

THAT'S NOT NEW SIDE OF THE STAFF BURDEN.

NOW IF WE TAKE IT ON IT'S CLEAN IF THE HOA IS DOING IT OR THE POA IS DOING IT.

IT BECOMES MESSY I THINK.

THAT ONE MAYBE BETWEEN FIRST READING AND SECOND READING, IT SHOULD BE WORDED.

WE'RE NOT INHERITING SOMETHING THAT WE'RE GETTING LESS BENEFIT FROM.

THOSE ARE THE ITEMS SO, SOMEONE WANTS TO MAKE A MOTION? YOU'D BE REFERENCING THOSE.

>> [LAUGHTER] TRYING TO KEEP THIS ALL TOGETHER.

MOTION TO APPROVE ON FIRST READING WITH THE ADDED CONDITIONS MENTIONED BY STAFF WITH THE PRESERVE [OVERLAPPING].

>> THEN WE ASSOCIATED INCREASED PARKING AND CONDITION OF SEX.

>> THE ASSOCIATED INCREASED PARKING AGREES WITH THAT.

WHAT WAS THE LAST ONE? WITH THE TREES AND THE MAINTENANCE SO WE'RE ADDING?

>> THAT'S IN THERE. [OVERLAPPING]

>> SORRY I THOUGHT IT WAS BEING MODIFIED, AND THE SECOND.

WITH THOSE TWO CONDITIONS.

MOTION TO APPROVE AT THE TWO CONDITIONS JUST REFERENCED.

>> SECOND.

>> CAN WE READ THE ORDINANCE ON SHORT TITLE?

>> ORDINANCE NUMBER 2-22.

AN ORDINANCE OF THE TOWN COUNCIL, THE TOWN OF JUPITER FLORIDA.

APPROVING AN AMENDMENT TO THE BEARS CLUB, PLANNED UNIT DEVELOPMENT, PROVIDING FOR WAIVERS IN PHASE 1B TO REDUCE SETBACKS, LOT COVERAGE, WALL HEIGHT, MINIMUM LOT COVERAGE, AND REDUCE THE PARKING REQUIREMENTS AND PROVIDING FOR AN EFFECTIVE DATE.

>> I JUST WANT TO COMMENT, IS MOTION IN A SECOND.

I JUST WANT TO GET A COMMENT ON THE RECORD.

I'M NOT GOING TO SUPPORT IT ON FIRST READING.

I WAS EXPECTING MORE PUBLIC BENEFIT.

I'M NOT BEING A STICKLER HERE.

I'LL THINK ABOUT IT BETWEEN FIRST AND SECOND READING BECAUSE THIS MOVES IT ALONG.

BUT I DO THINK THAT ALL INCLUDING THE APPLICANT, SHOULD RECOGNIZE THE FACT THAT WE'RE LIKELY TO HAVE ONLY FOUR PEOPLE VOTE.

THAT MEANS THAT WHEN WE GET TO THE NEXT MEETING WITH ONLY FOUR PEOPLE VOTING, PRESUMING THAT CONTINUES, THERE'S A CHANCE SOME OF US MIGHT CHANGE OUR POSITION AND GO ALONG WITH COUNSELOR SCHNEIDER, BUT IF NOT, THEN WE WILL HAVE ONLY FOUR.

IT COULD COME DOWN TO A TWO TO TWO.

THAT'S ALWAYS WHEN YOU HAVE LESS THAN- [OVERLAPPING]

>>I WOULD STILL BE VOTING.

>> WHAT'S THAT?

>> I'M STILL VOTING.

>> YOU'RE RIGHT, YOU'RE VOTING SO THAT COUNTS.

UNDERSTAND. YOU'VE GOT A MOTION AND A SECOND ON THE FLOOR.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE. [OVERLAPPING]

>> NO.

>> THE MOTION CARRIES THREE TO TWO WITH COMMISSIONER SCHNEIDER AND MAYOR JIM DISSENTING.

MOVING ON TO RESOLUTION 7822.

[7. Resolution 78-22, Chevron Gas Station - Quasi-judicial - Special exception and site plan amendment to construct a car wash facility at an existing gas station and convenience store on a 0.92 ± property, located at 3 N Alternate A1A.]

>> NO.

>> I COULD PROVIDE A PROPERTY THAT'S ABOUT IT.

>> I DROVE BY THE PROPERTY AND SPOKE BRIEFLY WITH STAFF.

>> NO.

>> I HAVE NONE. WITH THAT, I'D ASK MEMBERS OF THE STAFF AND THE APPLICANT AND ANYBODY PREPARED TO GIVE TESTIMONY ON THIS ITEM TO STAND TO BE SWORN IN THE RECORD.

>> DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IN THIS HEARING IS THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? [BACKGROUND] [LAUGHTER]

>> YOU HAVE 15 MINUTES, YOU DON'T HAVE TO TAKE IT ALL.

>>I KNOW, I'M SORRY.

>> PLEASE DON'T. [LAUGHTER]

[02:20:22]

MY NAME IS GABRIEL SHARIA.

I'M THE ARCHITECT OF RECORD OF THE PROJECT THAT WE DISCUSSING TODAY.

THE PROJECT IN QUESTION IT'S EXISTING GAS STATION THAT YOU POSSIBLY KNOW.

IT'S IN INDIAN TOWN ON A1A ULTIMATELY.

I WANT TO SHOW YOU A QUICK PRESENTATION.

IS GOING TO TAKE A FEW MINUTES AND VIDEO ALSO OF WHAT WE HAVE HERE.

THIS PROJECT STARTED ALMOST A YEAR AGO IN DISCUSSION WITH THE STAFF.

THIS PRESENTATION STARTED IN A DIFFERENT BUILDING.

WE'RE TALKING WITH THE STAFF FOR THE ENTIRE YEAR MODIFYING THINGS TO MATCH THE REQUIREMENTS OF THE CITY AND THE PUBLIC BENEFIT THAT THIS COULD HAVE.

THE SCOPE OF HIS WORK, I'M GOING TO SHOW YOU A FEW PICTURES OF THE EXISTING STRUCTURES THAT WE HAVE THERE.

[NOISE] THE EXISTING BUILDING IS CENTRALIZED IN THE CENTER.

THERE'S THE PUMPS IN THE SIDE AND WE ARE ADDING A CAR WASH IN ONE OF THE SIDES.

THIS PICTURE SHOWS EXISTING CONDITIONS AND THIS IS THE LOCATION OF THE NEW STRUCTURE THAT WE ARE ADDING.

THE GAS STATION IS GOING TO REMAIN.

WE ARE ADDING A SECONDARY STRUCTURE THAT IT'S LIKE A TUNNEL.

[NOISE] IT'S GOING TO BE AN AUTOMATIC CAR WASH.

THE BUILDING ITSELF IS NOT CONNECTED WITH EXISTING AND THE MAIN ISSUES HERE THAT WE'VE BEEN DISCUSSING WITH OUR STAFF IS TO ADD THINGS TO PUT UP TO COPE THE EXISTING BUILDING AND WHAT IS THE PUBLIC BENEFIT THAT THIS BUILDING IS GOING TO HAVE.

IN ORDER TO ADD, WE HAVE OUR NEW LANDSCAPE PLANS, SO THE ENTIRE LANDSCAPE IS NEW.

WE ARE NOT REDUCING ANYTHING FROM THE PERCENTAGE THAT THE COAL REQUIRES FOR THE EXISTING AND THE COAL REQUIREMENTS IF WE'RE DOING A NEW ONE.

THE TREES THAT WE BUILD IS A LOT MORE THAN WE HAD BEFORE, WE ARE MODERNIZING THE LANDSCAPE OF THE BUILDING.

NOT ONLY THAT, WE ARE DOING UPGRADES IN THE BUILDING ITSELF TO MATCH THE REQUIREMENTS OF THE ZONING.

LET'S SAY CLOBBER, THE AC UNITS, SIGNAGE IS GOING TO BE IMPROVED.

THERE'S GOING TO BE A LOT OF IMPROVEMENTS INSIDE THE PROPERTY.

IN ADDITION TO THAT, WE ALSO HAVE IMPROVEMENTS IN THE WARD.

IN THE A1A, WE'RE GOING TO REDIRECT THE WALKWAYS ACCORDING TO REQUIREMENTS OF THE ZONING DEPARTMENT.

WE'RE GOING TO IMPROVE THE LANDSCAPE AND THERE'S GOING TO BE ALSO MAINTENANCE ON THE PROPERTY SITE THAT NEEDS TO MAINTAIN THE RIGHT-OF-WAY GREEN.

WE ALSO HAVE THE ELECTRIC VEHICLE CHARGES FOR ELECTRICAL VEHICLES.

THEN WE ARE REMOVING TREES THAT ARE IN CONFLICT WITH THE POWER LINES IN THE BACK.

THERE ARE SEVERAL IMPROVEMENTS THAT WE ARE ADDING.

IN ADDITION TO THAT, THE POWER LINES THAT ARE ALONG THE ENTIRE PROPERTY ARE GOING TO BE PUTTING UNDERGROUND.

THERE IS A CHALLENGE BECAUSE NO OTHER PROPERTIES ARE DOING THAT.

BUT THE STAFF HAS A RULE FOR THAT, THAT WE ARE ALSO ACCOMPLISH AS WELL.

LET ME SHOW YOU A LITTLE BIT MORE OF A PROPERTIES.

THIS IS THE AERIAL VIEW.

IN THE BACK OF THE PROPERTY, IS GOING TO BE THE ADDITIONAL PARKING THAT WE ADD.

THAT IT'S ALSO UP TO COURT, AND WE ALSO ADD VACUUMS THERE FOR THE PEOPLE TO USE.

FONTS ELEVATIONS. BY THE WAY, THE BUILDING IS THIS SMALLER STRUCTURE IS ONLY ONE FLOOR AND YOU SEE THEY'RE COMPARING WITH A SECOND STRUCTURES THAT DOES SO NEXT DOOR IS STRUCTURE IS A LOT BIGGER THAN THE ONE THAT WE ARE DOING AND ALSO FROM THE STRUCTURES IN THE SAME LOT.

THIS IS THE BUILDING ITSELF. LANDSCAPE PLAN.

[02:25:06]

THESE ARE INTERNAL VIEWS OF THE PROPERTY WITH A NEW LANDSCAPE.

I'M GOING TO SHOW YOU THE VIDEO SO YOU CAN HAVE A GOOD SENSE OF WHAT WE'RE DOING.

YOU CAN SEE THERE THE NEW STRUCTURE, IT'S FAR AWAY FROM THE STREETS, SO THE VISUAL IMPACT FROM THE ROWS IT'S PRETTY MUCH ZERO.

IT'S ATTACHED TO THE PROPERTY LINE IN THE BACK.

WE'RE NOT CHANGING ANYTHING REGARDING THE TRAFFIC IN TERMS OF THE ENTRANCE AND THE EXIT OF THE PROPERTY REMAINS THE SAME.

THIS IS A VERY CONVENIENT SERVICE FOR THE AREA ALSO BECAUSE IT'S AN AUTOMATIC CAR WASH VERY QUICK.

AS YOU SEE THERE, THE GAS STATION PRETTY MUCH REMAINS AS IT IS.

THERE'S NO SCOPE INCLUDED IN THAT. THANK YOU.

>> THANK YOU. STEPH, CAN YOU ALSO TURN OFF THE PREVIOUS PRESENTATION KEEPS POPPING UP.

>> THANK YOU. FOR THE RECORD, PETER MEYERS, SENIOR PLANNER STAFF, SEPARATE VISA, PERIPHERAL, THE SPECIAL EXCEPTION AND SITE PLAN AMENDMENT TO ADD A 1653 SQUARE FOOT CAR WASH TO THE NORTH SIDE OF THE CONVENIENCE STORE.

THAT RECOMMENDATION IT'S CONTINGENT UPON THE APPROVAL OF THE CONDITIONS IN RESOLUTION 78-22.

THIS RESOLUTION AS SUPPOSED WILL INCORPORATE SOME CONDITIONS FROM THE OLD RESOLUTION, 45-27 THAT APPROVES THE GAS STATION EXPANSION YEARS AGO.

JUST TO CLEAN THINGS UP AND NOT ALL LOCATIONS ARE CARRIED FAR, BUT THE ONES THAT WERE STILL APPLICABLE AND NOT REQUIRED BY CODE WERE CARRIED FORWARD INTO THIS RESOLUTION.

YOU'LL SEE SOME OF THE OLD DON'T PERTAIN TO A CAR WASH IN THERE.

THAT'S THE REASON WHY.

SOME OF THE IMPROVEMENTS TO THE SITE IS SHIFTING THE EXISTING SIDEWALK ALONG ALTERNATE A1A AWAY FROM THE ROADWAY TO CREATE GREEN SPACE AND PLANTING IN-BETWEEN THE TRAVELING AND THE SIDEWALK TO PROVIDE A BUFFER FOR PEDESTRIANS.

CONSISTENT WITH THE TOWN COUNCIL'S STRATEGIC PRIORITIES OF MOBILITY AND SAFETY TO PROMOTE A SAFE, PEDESTRIAN-FRIENDLY COMMUNITY.

IN ADDITION, THE APPLICANT IS ALSO INCREASINGLY BRAIN SPACE FOR 31 PERCENT BY REDUCING THE WIDTH OF THE DRIVEWAY ON ALTERNATE A1A BY 10 FEET, REMOVING THE EXISTING PAVEMENT IN THE 60 BY 60 CORE TRIANGLE ON THE SOUTHWEST CORNER OF THE SITE, WHICH IS IOZ REQUIREMENT.

THEN THERE'S ALSO SOME ADDITIONAL THINGS THAT THEY'RE DOING IN REGARD TO LANDSCAPING IS THERE ACTUALLY ARE REDUCING YOUR SOD ON THE SITE AND ADDING MORE LANDSCAPE MATERIAL, WHICH IS ALSO A BENEFIT FOR REDUCING THE WATER USAGE.

THERE HAS BEEN A LONG HISTORY OF POOR MAINTENANCE AND COKE APPLIANCES ISSUES ON THE SITE.

SOME ISSUES RESULT FOR THE PROPERTY NOT COMPLYING WITH CONDITIONS OF APPROVAL, LATE TO AZURE STORAGE AND SIGNAGE.

PRACTICE APPLICATION BEING PROCESSED BY A TOWN DEALER WAS REQUIRED TO BRING THEIR PROPERTY INTO COMPLIANCE WITH THE CONDITIONS OF APPROVAL.

ADDITION TO BUILDINGS ARE GENERALLY NOT WELL-MAINTAINED TO ADDRESS THE MAINTENANCE ISSUES THAT ARE ADDRESSED BY CODE.

WE ACTUALLY ADDED A CONDITION OF APPROVAL THAT THE OWNER ROCHELLE, 60 DAYS AT THE RESOLUTION APPROVAL, THE OSHA TAKE ALL NECESSARY REPAIRS TO THE EXISTING BUILDINGS TO REPAINT, REPLACE MISSING ROOF TILES, AND PRESSURE CLEAN THE ROOF TILES.

THAT'S SAVING REMAINDER OF TIME FOR REBUTTAL.

>> QUESTIONS FOR THE PARTIES?

>> I HAD A QUESTION FOR THE STAFF.

>> STAFF?

>> YEAH. HAVE YOU GUYS CALCULATED THE UNDERGROUND UTILITY FEE OR DONATION?

[02:30:05]

>> NO.

>> NO. WHEN DOES THAT HAPPEN? IS THAT ALL TIED TO THE APPLICATION?

>> WE NEED TO DO SOMETHING.

WE CUT IT UP HERE NOW THE UTILITY PROVIDERS TO GET THAT ESTIMATE, SO THEN IT GETS MORE.

CAME OVER THEIR BOARDS FROM THE TOWN ENGINEER, BUT IT'S MORE OF A GUARANTEE ESTIMATE VOTES WERE ACCURATE.

>> THANK YOU.

>> IT'S SO HARD FOR PAST EXAMPLES USED BECAUSE THERE ARE ALWAYS DIFFERENT CIRCUMSTANCES ON EACH SITE.

>> FOLLOW UP QUESTION ON THAT AND YOU MAY NOT KNOW THE ANSWER.

I THINK JOHN WOULD IF YOU DON'T, HOW LONG IS BECAUSE THE APPLICANT STATED THAT NO ONE ELSE IS DOING, I THINK WE'RE DOING THAT PRACTICE FOR PROBABLY 15 YEARS?

>> FOR UNDERGRADUATE?

>> YES.

>> AT LEAST.

>> I JUST WANT TO MAKE SURE SO THE APPLICANT DOESN'T FEEL LIKE NOW WE'RE SINGLING THEM OUT.

THIS HAS BEEN A STANDARD PRACTICE BASED ON A POLICY OF THE COUNCIL THAT DATES BACK TWO DECADES, AND THE PRACTICE IS THAT WE LET THEM FIND OUT WHAT IT WOULD COST TO DO IT GIVEN THE CHOICE TO DO IT SO THEY BENEFIT FROM THE UNDERGROUNDING, BUT THEN WE GAVE ME ALTERNATE PAY, THE FAIR SHARE.

THE TOWN HOLDS ONTO IT, AND THEN WHEN WE GET BUNDLED CONNECTING PIECES, THEN IT CAN BE DONE THEN.

BUT THAT'S WHAT WE'VE BEEN DOING IT FOR TWO DECADES AND I ALWAYS LIKE TO CHANGE THE PERCEPTION LIKE WERE CREATING THESE SPECIAL THINGS.

JUST A QUESTION OF THE APPLICANT I'M JUST CURIOUS, IS THIS STATION INDEPENDENTLY OWNED OR CORPORATELY OWNED?

>> INDEPENDENTLY.

>> THANK YOU. NO OTHER QUESTIONS.

PROBABLY NO STAFF REBUTTAL, NO? APPLICANT REBUTTAL, NO? THE COUNCIL FOR A MOTION OR DISCUSSION AND THEN THE MOTION.

>> I JUST ANYTIME ANY LOCAL GAS STATION DECIDES TO RENOVATE, REMODEL, CLEAN IT UP BECAUSE WE HAVE SOME LACK OF BETTER TERMS AND DUMPY GAS STATIONS AROUND INDIAN TOWN ROAD AND SINCE THEY APPRECIATE AND PUTTING IN THE EFFORT AND SEND THE REPORT THERE WERE SOME CODE COMPLIANCE ISSUES IN THE PAST, I JUST HOPE YOU GUYS MAINTAIN AND KEEP IT LOOKING UP TO PAR WITH WHAT JUPITER EXPECTS SO I'M JUST ADDING A GAS STATION COME ALONG THAT'S BETTER THAN THE OTHER ONES ARE RENOVATED, I'M ALL FOR IT.

>> I'M GRATEFUL TO THAT AS THE APPLICANT IS RESOLVING THE CODE ISSUES AND MAKING AN ENHANCEMENT THERE SO.

>> I THINK THIS GAS STATION, PROBABLY SEES MORE EYEBALLS ARE ON THIS GAS STATION THAN MANY OTHERS AROUND TOWN.

THIS IS A MAJOR INTERSECTION AND IT'S AT A CORNER, AND SO I THINK IT REALLY DOES A GREAT SERVICE AND CLEAN THIS UP AND ADDING LANDSCAPING.

THERE ARE A LOT MORE EYEBALLS THAT ARE ABOUT TO BE ON IT WITH THE BRIDGE AS WELL SO YEAH, JUST A COMMENT AND I'M GRATEFUL FOR THIS APPLICATION.

>> I KNOW THE RESIDENTS FOR QUITE SOME TIME HAVE BEEN TALKING ABOUT HOW INDIAN TOWN ROAD LOOKS AND THEY'RE LOOKING FOR UPGRADES.

I'M ALWAYS GRATEFUL WHEN THE PROPERTY OWNERS COME FORWARD TO MAKE THOSE IMPROVEMENTS THAT BENEFITS EVERYBODY IN THE TOWN SO THANK YOU FOR COMING FORWARD TO DOING THAT, I THINK IT'S GOING TO MAKE A BIG IMPROVEMENT ON THAT CORNER AND I'M SUPPORTIVE OF THE PROJECT.

>> KATE, CAN I GET A MOTION IN A SECOND.

>> MOTION TO APPROVE, SECOND.

>> MOTION IN A SECOND, ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> MOTION CARRIES UNANIMOUSLY.

MOVING ON TO PUBLIC BUSINESS ITEM ON RESOLUTION 9022.

[8. Resolution 90-22, Approving the contract between the Town of Jupiter and the Palm Beach County Police Benevolent Association representing Police Officers and Sergeants effective October 1, 2022 through September 30, 2025.]

[LAUGHTER]

>> GOOD EVENING. NIKKI CARPENITO, SENIOR DIRECTOR.

TRY TO MAKE THIS SHORT AND SWEET.

I'M HERE TO TALK ABOUT THE CONTRACT BETWEEN OUR POLICE DEPARTMENT IN THE TOWN OF JUPITER, GIVE SOME BACKGROUND INFORMATION, SO WE STARTED NEGOTIATING THIS CONTRACT, THIS EMPLOYMENT CONTRACT BACK IN MARCH.

WE'VE HAD A TOTAL OF SEVEN SESSIONS SINCE MARCH.

THE PROPOSED CONTRACT WAS TENTATIVELY AGREED UPON BETWEEN TOWN STAFF AND THE PBA AUGUST 17TH, SO OUR MISSION WHEN WE STARTED THIS NEGOTIATION WAS TO NEGOTIATE A FAIR CONTRACT AND TO ADDRESS THEM IN AN AMBIGUOUS LANGUAGE REGARDING SOME ISSUES, SPECIFICALLY AROUND TRACKING AND PAYMENT FOR OVERTIME.

I THINK WE COMPLETED THAT.

WE'VE NEGOTIATED A FAIR DEAL WHICH REPRESENTS THE BEST DEAL THE TOWN COULD OBTAIN

[02:35:04]

ONCE THIS CONTRACT GETS RATIFIED, WE INTEND TO HAVE A TRAINING, SERGEANT KIMBARK IS WORKING WITH ME AND THE FINANCE TEAM ON TO TRAIN OUR OFFICERS ON SOME OF THE LANGUAGE THAT'S BEEN PUT IN TO HELP US GO THROUGH.

AS MY AGENDA ITEM STATED, SOME SPECIFIC SIGNIFICANT ARTICLES THAT WERE ADDED OR CHANGED.

SPECIFICALLY ARTICLE I, WE CALL OUT SOME REALLY IMPORTANT DEFINITIONS.

DEFINITIONS THAT ARE MOST COMMONLY USED THROUGHOUT OUR CONTRACT NOT ONLY FOR OUR OFFICERS, BUT ALSO FOR OUR TOWN STAFF WHEN PROCESSING THE NEW CONTRACT.

OTHER ARTICLES THAT WERE CHANGED THAT HAD SIGNIFICANT CHANGES AS ATTACHED WITH THE RED LINE, YOU CAN SEE THERE IS A LOT OF CLEAN UP, BUT SOME OTHER SIGNIFICANT ARTICLES, THE HOLIDAY ARTICLE, TO ADD SOME LANGUAGE THAT SPECIFICALLY RELATES TO HOW HOLIDAY IS PAID FOR OUR OFFICERS.

WE ALSO MADE SOME CHANGES TO THE VACATION ARTICLE; ARTICLE XVI.

A BENEFIT THAT WE ADDED FOR OUR OFFICERS IS A PROVISION CALLED VACATION CELL-BACK, AND THIS IS CONSISTENT WITH A BENEFIT THAT WE OFFER OUR TOWN EMPLOYEES AND IT'S SOMETHING THAT WE THOUGHT WOULD BE A GOOD WAY TO ADD TO OUR CONTRACT RIGHT NOW.

WE ALSO INCREASED UNIFORMS AND EQUIPMENT.

THE AMOUNT THAT WE PROVIDE TO OUR OFFICERS DUE TO RISING COSTS AND CLEANING AND FOOD ALLOWANCE WITH LOVELY INFLATION.

THEN THE OTHER ARTICLE THAT RECEIVED A LOT OF CHANGES WAS ARTICLE XXVIII, WHICH WAS OUR WORKWEEK AND OVERTIME ARTICLE.

WE DEFINED WORK PERIODS.

THERE ARE TWO WORK PERIODS NOW FULLY DEFINED FOR MEMBERS THAT ARE ASSIGNED TO THE ROAD PATROL AND THEN MEMBERS THAT ARE NOT ASSIGNED TO THE ROAD PATROL.

WE ALSO CLEARLY DEFINED WHAT THE OVERTIME THRESHOLD WILL BE, SO OFFICERS UNDER THE COLLECTIVE BARGAINING AGREEMENT WITH OFFICERS AND SERGEANTS, THERE IS A DEFINED OVERTIME THRESHOLD OF 161 HOURS.

WHAT THAT MEANS IS ONCE THEY MEET THAT THRESHOLD, THEN THAT OVERTIME KICKS IN.

OFFICERS THAT ARE NOT ASSIGNED TO ROAD PATROL WILL BE WORKING A 41-AND-A-QUARTER WORK PERIOD SO IN THAT 80-AND-A-HALF WITHIN A TWO-WEEK PERIOD, 161 IN THE 28-DAY CYCLE.

THEN LASTLY, THE OTHER BIG ARTICLE WAS COMPENSATION SO WE CONTINUED ON WITH THE STEP PLAN.

THE STEP PLAN THAT WAS ATTACHED IS BARE COMPARABLE TO MARKETS SO, IT IS A 12-STEP, STEP PLAN WITH STEP 12 RECEIVING EVERY YEAR A SIX PERCENT INCREASE.

ONLY STEP 12 AND THEN EACH OTHER STEP IS ABOUT BETWEEN A 4-5 PERCENT INCREASE IN-BETWEEN STEPS.

OFFICERS ARE STAYING ON THEIR STEP INCREASE, THEY'LL RECEIVE IT ON THEIR ANNIVERSARY SO YES, THE CONTRACT GOES INTO EFFECT OCTOBER 1, BUT OFFICERS WILL GO TO THE NEXT STEP ON THEIR ANNIVERSARY DATE.

SAME WITH SERGEANTS AND THE LAST THING TO TALK ABOUT BUDGETARY IMPACT.

I BELIEVE VICE MAYOR DELANEY MENTIONED EARLIER TODAY THAT IT IS ADDING AN ADDITIONAL $500,000 TO WHAT'S CURRENTLY BUDGETED, AND WILL BE ADDED THROUGH A BUDGETARY AMENDMENT ONCE WE HAVE THE BUDGET IMPLEMENTED.

THAT'S MY SHORT AND SWEET. ANY QUESTIONS?

>> JUST MOVE ON. I JUST WANT TO GET IT ONTO THE RECORD.

NUMBER 1, WHAT WAS THE PBA VOTE ON THE CONTRACT? I WANT TO TURN YOUR BACK AND READ IT.

>> THE PBA VOTED 85-385 IN FAVOR.

>> OKAY. THEN I DON'T KNOW THAT I HEARD THIS.

AGAIN, YOU JUST WANT TO GET IT ON THE RECORD SO YOU TALKED ABOUT THOSE AT WHICH STEP 12, GETTING A SIX PERCENT INCREASE EVERY YEAR MIGHT NOT HAVE BEEN AS CLEAR ON THE INCREASE FOR THOSE THAT ARE STILL WITHIN 1-12 RANGE AND I CAN SEE IT IN HERE, THOSE MEMBERS WILL RECEIVE AN INCREASE BETWEEN 10-13 PERCENT. IS THAT CORRECT?

>> YEAR 1, YES.

>> IN YEAR 1?

>> CORRECT.

>> I REALLY WANTED TO GET IT ON THE RECORD.

I WANT TO MAKE SURE THAT IT'S MOON.

[02:40:02]

DON'T CANCEL. HIGHLY VALUES.

IT'S POLICE DEPARTMENT AND EVERY MEMBER IN IT.

>> THEY'RE HERE. [APPLAUSE] [LAUGHTER]

>> ANY OTHER QUESTIONS, SIR?

>> NO QUESTIONS. JUST A COMMENT.

I WANTED TO JUST SECOND WITH THE MANAGER SAID, THE LAST CONTRACT WAS THE FIRST CONTRACT I WAS INVOLVED IN ADVOCATING TO GET THEM ON THE STEP PROGRAM AND THIS IS ANOTHER PROGRESSION TO REALLY GET OUR POLICE OFFICERS UP TO THE MARKET VALUE.

LIKE YOU SAID, ALL THE NONSENSE OF JUPITER DEFUNDING POLICE AND POLICE SAVED ME.

[LAUGHTER] I JUST DECIDED THIS HAPPENED.

THANKS TO THE STAFF AND GETTING THIS DONE IS A HEAVY LIFT AND I KNOW YOU GUYS ARE BUSY SINCE WAS IT MARCH.

>> YES, MARCH.

>> JUST NICE TO GET THIS OUT OF THE WAY AND EVERYBODY'S HAPPY.

JUST BY THE VOTE, 85-385 WITH THE UNION MEMBERS.

THAT'S IMPRESSIVE. NICE JOB.

>> THANK YOU.

>> [OVERLAPPING] THAT'S IT.

VERY EXCITED.

>> VERY SATISFIED WITH THE CONTRACT.

THANK YOU-ALL FOR ALL YOUR HARD WORK.

IT STARTS WITH GREAT BALANCE BETWEEN TAKING CARE OF OUR OFFICERS AND IT'S VERY IMPORTANT TO EVERYONE AND ALSO KEEPING AN EYE ON THE TAXPAYERS WE'RE ABLE TO ACCOMPLISH THAT AND STAY WITHIN THE BUDGET GOALS SO CONGRATULATIONS TO EVERYONE AND I'M VERY PLEASED. THANK YOU.

>> I AM ALSO VERY PLEASED AGAIN, LIKE I SAID, ONE YEAR AGO TODAY, WHAT A DIFFERENCE A YEAR MAKES.

WE HEAR RESIDENTS, WE HEAR PEOPLE AND THEY SAY TAKE CARE OF OUR PEOPLE.

I THINK THAT'S WHAT WE'RE DOING AND REALLY PLEASED. THANK YOU.

>> THANK YOU GUYS VERY MUCH. IN MY LINE OF WORK, I GET THE OPPORTUNITY TO ACTUALLY WORK ALONGSIDE THE POLICE OFFICERS, WHICH I DID THE OTHER DAY AND IT WAS A GREAT EXPERIENCE AND THEY'RE ALL VERY PROFESSIONAL AND I'M GLAD WE'RE TREATING THEM AS SUCH AND PROVIDING FOR THEM. THANK YOU.

>> MAYOR, IF I COULD FOR JUST A SECOND.

I DO WANT TO ACKNOWLEDGE THE PBA AND SERGEANT KIMBARK THAT'S OVER HERE AS WELL.

IRONICALLY, HE'S COME FROM SWAT TRAINING WHO GOT TO FACE PEOPLE WITH GUNS AND ALL STUFF.

IF HE WANTS TO COME UP HERE AND SAY ANYTHING PUBLICLY, THEY'LL TELL YOU NO.

[LAUGHTER] BUT I JUST WANT TO THANK HIM FOR ALL OF HIS HARD WORK AND THE MEMBERS OF THAT TEAM AS WELL BECAUSE IT WAS A PRETTY HEAVY LIFT AND IT WASN'T AN EASY TASK TOO.

PLEASE THINK THAT PBA GUYS FOR ME AS WELL, IF HE WOULD SCOTT.

>> GREAT.

>> CAN I GET A MOTION AND A SECOND?

>> MOTION TO APPROVE TO APPROVE RESOLUTION ID 22?

>> SECOND.

>> SECOND.

>> MOTION AND A SECOND OWN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> MOTION CARRIES UNANIMOUSLY.

UNDER REPORTS TURN ATTORNEY.

>> I HAVE NOTHING TO RECORD.

>> ACCOUNT MANAGER?

[TOWN MANAGER]

>> BUT JUST A COUPLE OF THINGS MAYOR IF YOU WOULD, FIRST OF ALL, I KNOW WE JUST THANK THE TEAM THAT DID THE PBA CONTRACT, BUT I ALSO WANT TO THANK SCOTT IN THE FINANCE DEPARTMENT FOR THE HEAVY LIFT ON THIS BUDGET.

I THINK HE SAID HE STARTED THIS IN MARCH OR WHENEVER IT WAS, BUT HE REALLY STARTED IT IN JANUARY.

HE'S BEEN GOING EVERY DAY AND THE TEAM HAS JUST BEEN RELENTLESS ON THIS.

I DO WANT TO GIVE CREDIT THERE AS WELL.

ALSO ON THE PBA CONTRACT THAT WANTED TO GIVE SOME CREDIT TO OUR ATTORNEY INVOLVED IN THAT, BRETT SCHNEIDER.

HE WAS VERY EXPERIENCED AND HE GAVE A LOT OF GREAT GUIDANCE ON THAT.

A COUPLE OF THINGS THAT I DID.

I WOULD JUST LIKE TO BRING UP MY REPORT.

I'VE GOTTEN SOME INQUIRY IN THE PAST WEEK ABOUT THE ASSIGNMENT OF NEIGHBORHOOD SERVICES TO THE POLICE DEPARTMENT.

I JUST WANTED TO TALK ABOUT THAT REAL QUICK.

I THINK THERE'S A PERCEPTION OUT THERE THAT THAT MAY HAVE BEEN DONE BECAUSE OF SPACE REQUIREMENTS.

IF IT'S NOT, AND IT'S REALLY DONE FOR THREE MAIN REASONS.

CONTINUITY OF OPERATIONS, INTEGRATION OF SERVICES, AND ENHANCED OVERSIGHT.

AS WE MOVE FORWARD FOR THE SERVICE THAT WE'RE PROVIDING TO OUR COMMUNITY.

FIRST OF ALL, NEIGHBORHOODS SERVICES IS JUST REMARKABLE AND I'VE WORKED VERY CLOSELY WITH THEM WHEN I WAS POLICE CHIEF HERE.

I REALLY WANT TO BUILD THEM BACK UP TO WHERE THEY WERE.

THEN THE POLICE DEPARTMENT, THEY'RE OUTREACHES JUST SECOND TO NONE, AND THAT SYNERGY THERE IS VERY, VERY IMPORTANT.

NOW YOU HAVE ROGER HELD IS ON THE THIRD LEG OF THE STOOL WHO'S NOW REACHING OUT AND LIAISON TO THE BUSINESS COMMUNITY.

THE VISION IS THAT ALL THREE OF THESE ENTITIES MOVING IN THE SAME DIRECTION, PROVIDE EVEN GREATER LEVELS OF SERVICE TO THE TOWN.

KUDOS TO THE FOLKS IN NEIGHBORHOODS SERVICES FOR THE WORK THAT THEY'RE DOING AS WELL.

FOLLOWING UP ON A COUPLE OF THINGS.

I KNOW A WHILE AGO WE HAD SOMEONE FROM JTAA COME UP AND

[02:45:02]

I DID MEET WITH THE REGIONAL SUPERINTENDENT TO TALK ABOUT THEIR POLICIES AND THEY ACTUALLY HAVE A FAIRLY NEW BUSINESS MODEL, MY UNDERSTANDING AND IN ORDER TO RENT SPACE WITH THE SCHOOL DISTRICT, THERE'S TWO CATEGORIES.

THOSE THAT HAVE AN INNER LOCAL OR RELATIONSHIP WITH THE MUNICIPALITY.

THOSE THAT ARE A PRIVATE ENTITY, INNER LOCALS GET ONE RATE, PRIVATE ENERGIES GETTING ANOTHER AND THEY KEEP IT VERY SIMPLE BECAUSE AS YOU CAN IMAGINE, THEY GET INVADED BY A LOT OF REQUESTS.

I TOOK ADVANTAGE OF THAT MEANING TO ALSO FOLLOW THROUGH ON SOME CONVERSATIONS THAT WE'VE HAD IN THE PAST REGARDING SOME COLLABORATIVE OPPORTUNITIES, ESPECIALLY IN RELATION TO INDEPENDENCE MIDDLE SCHOOL.

THERE SEEMS TO BE SOME INTERESTS THERE, SO IT WILL BE ARRANGING ANOTHER MEETING AS WELL.

THEN THE REGIONAL SUPERINTENDENT WOULD LIKE THE OPPORTUNITY TO PERIODICALLY COME AND PRESENT TO THE TOWN COUNCIL, AS WE'VE TALKED ABOUT A LITTLE BIT HAVING EACH OF OUR SCHOOL PRINCIPALS COME AND TALK A LITTLE BIT ABOUT SCHOOLS AND THE RELATIONSHIP WITH THE TOWN HAVING JUST WORKED IN THE SCHOOL DISTRICT.

I CAN TELL YOU THERE ARE MICROCOSM OF OUR COMMUNITY AND ARE ALL LINKED TOGETHER AND YOU MIGHT AS WELL HERE WHAT'S GOING ON AND WHAT THEY'RE DOING.

I'M LOOKING FORWARD TO MAKING THAT HAPPEN.

DR. LEE WAS REALLY QUITE REMARKABLE FOR THAT. LET'S SEE.

I DID HAVE MY INITIAL MEETINGS.

NOW THAT WE'VE GOT THESE HEAVY LIFTS ON THE BUDGET DONE AND THE PBA CONTRACT, NOW WE HAVE TO MOVE INTO MSTU.

I HAD MY FIRST FINALIZATION MEETING IN TERMS OF PRESENTATION WITH THE ICMA TEAM, AND WE'LL BE GETTING INFORMATION TO YOU REGARDING THE MSTU AND THE FIRE DEPARTMENT STARTING NEXT WEEK.

I DO WANT TO SAY ON THE RECORD AND AS WE GO FORWARD, OUR FIRE DEPARTMENT IS A GREAT FIRE DEPARTMENT AND YOU WILL NEVER HEAR ME SAY ANYTHING OTHER THAN THAT AND IT'S UNFORTUNATE THAT WE HAVE TO GO THROUGH THIS EXERCISE BASED ON SUCH A VERY LARGE INCREASE IN THE MSTU.

FOR ANY OF OUR FIRE GUYS AND I DON'T SEE THEM HERE TONIGHT EXCEPT FOR KIM [LAUGHTER].

I'M LOOKING RIGHT AT KIM [LAUGHTER].

THEY'RE QUITE REMARKABLE.

LET'S SEE, I DID MEET WITH THE GENTLEMAN WHO CAME I THINK AT THE LAST MEETING FROM THE LOXAHATCHEE RIVER DISTRICT.

UNDER THEIR BOARD MEMBERS WE HAD A MEETING THIS PAST WEEK.

WE HAD OPENED SOME DIALOGUE, TALKED ABOUT FUTURE OPPORTUNITIES.

WE'RE MAKING ARRANGEMENTS FOR A LITTLE COLLABORATIVE MEETING COMING UP BETWEEN THEIR FOLKS AND OURS AND US AND SEE IF WE CAN MOVE SOME THINGS FORWARD.

THEN LAST BUT NOT LEAST AND I KNOW KIM YOU'RE PROBABLY DOING THE SAME THING, THERE'S A LITTLE STORM OUT THERE THAT WE'RE PAYING ATTENTION TO.

>> YEAH, I WAS GOING TO TALK ABOUT THAT.

>> WELL, I WON'T SAY ANYTHING ELSE, BUT YOU'RE GOING TO HEAD TO YOUR COMMENTS BUT THERE'S A STORM OUT THERE THAT HAS THE POTENTIAL OF MOVING INTO THE GOLF AND MAYBE DOING SOME MOVEMENT TOWARDS BECOMING A MAJOR STORM.

THE POLICE CHIEF IS WATCHING OUT FOR US AND I WILL KEEP YOU-ALL UPDATED.

I APOLOGIZE FOR TAKING SO MUCH TIME, BUT THAT'S MY REPORT IN THERE.

>> THAT'S GREAT. THANK YOU. I'M GOING TO GO NEXT WHICH MY IS PREROGATIVE, SOMETHING THAT I ALWAYS START IN THE SAME SPOT.

[TOWN COUNCIL – LIAISON REPORTS AND COMMENTS]

I'VE ALWAYS BEEN FOND OF THAT GROUP.

THEY HAVE PLAYED HISTORICALLY A VERY SIGNIFICANT ROLE.

I HAVEN'T BEEN SATISFIED.

I THINK THEY'RE NOT THE INDIVIDUALS BUT I THINK HOW WE'VE BEEN USING THEM AND STAFFING THEM.

IN HEARING IT MAY NOT ONLY BE JUST WHERE ARE THEY REPORTING, BUT THERE MAY BE AN ISSUE THAT I THINK IT MAYBE REAL ABOUT ACCESSIBILITY FOR THE NEIGHBORHOOD SERVICES PEOPLE BEING INSIDE OF A POLICE BUILDING, SO PLEASE GIVE CONSIDERATION TO THAT.

I KNOW ABOUT THE MISPERCEPTION ABOUT WE DIDN'T HAVE SPACE, SO IT'S FUNNY.

WHEN WE WERE IN THE OTHER BUILDING, THERE WAS TIMES THEY WERE MAYBE THERE BEFORE, BUT IT WAS LESS.

IT WAS A DIFFERENT SITUATION SO PLEASE GIVE THAT SOME THOUGHT AND I'M ANXIOUS FOR US TO FINALLY GET BACK UP TO FULL STAFF IN THAT DEPARTMENT, I KNOW IT WAS ONLY ONE MORE POSITION BUT IT MAKES A BIG DIFFERENCE.

ON THE FIRE DEPARTMENT I JUST WANT TO MAKE SURE I'M GETTING ON THE RECORD BECAUSE I'M WELL FAMILIAR WITH THE MSTU THAT WE HAVE.

WE HAD VERY UNIQUE MSTU BECAUSE WE'RE PAYING ACTUAL COST, AND IT'S MORE EFFICIENT TO DO IN A SUBURBAN AREA THAN IT IS IN RURAL AREA.

[02:50:02]

I JUST WANT TO MAKE SURE WE'RE CLEAR ON THE RECORD, NO MISUNDERSTANDING.

BUT WE'VE HAD AN AGREEMENT AND EVERY YEAR IT GETS ADJUSTED ON ACTUAL COSTS, AND THE REASON WE'RE LOWER IS BECAUSE WE'RE NOT RURAL AREA.

NOW APPARENTLY THE COUNTY ADMINISTRATOR WANTS US TO PAY TO SUBSIDIZE OTHER AREAS OF FIRE RESCUE, SO I'M NOT TRYING TO GET IT INTO DEBATE UP HERE.

I JUST WANT TO BE ON THE RECORD, SO IT'S PERCHED.

THE CHALLENGE WE HAVE AS A TOWN COUNCIL AND MANAGER IS RECOGNIZE IT HAS NOTHING TO DO WITH WHO WE WOULD WANT TO BE OR FIRE RESCUE SERVICE PROVIDER.

IT'S ALL ABOUT MAKING SURE WE'RE GETTING FAIR.

WE'RE ONLY PAYING OUR FAIR SHARE AND MAYBE SOMETHING ABOVE THAT, BUT NOT SUBSIDIZING THE RURAL AREAS. THAT'S NOT FAIR.

FEW MORE JUST QUICK ITEMS. NUMBER 1, AFFORDABLE HOUSING.

COMMISSIONER BERNARD MAC GOT A HOLD OF ME AND WE HAD ARRANGED A ONE HOUR CONFERENCE CALL INVOLVING PROBABLY MOST OF THE MAYORS IN THE COUNTY.

I DIDN'T KNOW ANYTHING ABOUT THAT REFERENDUM, I'VE HEARD ABOUT IT, IT WAS A EXCELLENT PRESENTATION. THERE WAS A LOT OF Q&A.

I'VE BEEN TRYING TO GET THAT, SO AS SOON AS I GET MY HANDS ON THE PRESENTATION WE SAW IT'S GOING TO BE DISTRIBUTED.

I JUST WANTED TO DRAW ATTENTION BECAUSE THAT'S ON THE BALLOT.

I THINK IT'S IMPORTANT FOR ALL OF US TO BECOME FAMILIAR WITH THAT, SO I JUST WANTED TO SAY.

I HAD NO IDEA WHAT IT WAS, I'M NOT SAYING THAT I HAD TAKEN A POSITION BUT I FEEL BETTER ABOUT WHAT THEY'RE PROPOSING NOW THAT I'M AT LEAST UNDERSTANDING IT.

SO ANY EVENT.

SOON AS I CAN GET THE PRESENTATION WHICH I THOUGHT I SHOULD HAVE ADDED READY IT'LL BE ROUTED AROUND THROUGH THE TOWN MANAGER'S OFFICE, AND IF IT TURNS OUT THAT ANYBODY WANTED THE PRESENTATION OR SOMETHING YOU COULD GET BACK THROUGH THE TOWN MANAGER AND THAT COULD BE ARRANGED BECAUSE THAT IS BEING OFFERED.

WE ALL KNOW THAT AS GOVERNMENTS WE HAVE TO BE CAREFUL ON THAT, BUT WE STILL AS INDIVIDUALS SHOULD BE INFORMED ABOUT PARTICULARLY ON AN ITEM OF AFFORDABLE HOUSING THAT SHOULD BE IMPORTANT TO EVERYBODY.

THERE'S A COUPLE OPPORTUNITIES COMING UP AND I SIT HERE NOT KNOWING THE COUNCIL INTERESTS.

THESE ARE THINGS THAT I WOULD BE INVOLVED WITH AS A RESULT OF BEING ON THE TRANSPORTATION PLANNING AGENCY, BUT A NUMBER OF YEARS AGO DOT AND THE TPA HAD FUNDED A US-1 CORRIDOR STUDY FROM BOCA TO INDIANTOWN ROAD, AND THE FOCUS WAS SOMEWHAT AS A TRANSIT CORRIDOR.

WHEN THAT STUDY WAS PARTLY THROUGH THEY MADE A DECISION TO ACTIVATE A PALMTRAN ROUTE, BUT ONLY GOING UP AS FAR AS I WANT TO SAY IT MIGHT'VE BEEN LIKE NORTHLAKE.

TO SOME DEGREE THEN THE FOCUS FOR US UP HERE LOWERED ABOUT IT BECAUSE IT LOOKED LIKE MAYBE UNTIL PALMTRAN COMES BACK, IT WOULDN'T HAVE HAD A LIFE, BUT IT DID HAVE A BIKE ELEMENT TO IT.

I LEARNED IN THE LAST WEEK THAT IN FACT THE FDOT WANTS TO GET WITH THE TOWN AND PRESENT WHAT THIS PRIOR STUDY WAS PROPOSING ALONG US-1 AND IT IS PRIMARILY BIKING IMPROVEMENTS.

ACTUALLY I HAD ALSO TALKED TO THE MAYOR OF JUNO BEACH, IT GOT WITH ME ABOUT THAT BEFORE I WAS ABLE TO FOLLOW UP.

THE BOTTOM LINE IS APPARENTLY THERE'S FUNDING IN YEAR 6.

IT'S SOMEWHAT FAST-TRACKED THAT WE WILL GET THE OPPORTUNITY TO HEAR IT, GIVE INPUT TO IT, AND THEN THEY WOULD NEED A RESOLUTION FROM US.

I THINK ITS IN THE FEBRUARY OR MARCH TIME FRAME IN ORDER FOR THEM TO PUT IT IN THE UPCOMING YEAR 5 YEAR PLAN.

I THINK IF WE LEAVE IT TO WHAT THEIR SCOPE WAS IT'S FULLY FUNDED, SO WHY WOULDN'T WE BE INTERESTED IN THAT? I JUST WANTED TO CREATE THE AWARENESS.

THESE THINGS DON'T NECESSARILY COME TO COUNCIL,

[02:55:01]

>> TO THE ENDS OF INDIANTOWN ROAD?

>> YEAH.

>> IT TURNS OUT [OVERLAPPING].

>> THE PLAN WOULD BE JUNO BEACH JUPITER TO INDIANTOWN ROAD, BUT AT ONE POINT IN TIME WHEN INITIALLY A NUMBER OF YEARS AGO WHEN THE STUDY WAS BEING DONE BY FIVE YEARS AGO, IS THINKING THAT TRANSIENT COULD COME UP TO INDIAN TOWN AND US-1.

I JUST WANT TO MAKE SURE THAT EVERYBODY IS THINKING ABOUT THIS.

WHETHER YOU BELIEVE IT CAN WORK AND CAN'T WORK, IT WAS A STUDY.

IF YOU REALLY HAD A BUS DROP-OFF OR STARTING POINT FOR THE ROUTE THEN SOME AMOUNT OF PUBLIC PARKING IS IMPORTANT WHICH IS BY MAINTENANCE OF PUBLIC PARKING.

WHAT WE HAVE IS IMPORTANT IF YOU HAVE TO GO ALONG WITH IT.

I JUST WANT TO CREATE THAT AWARENESS.

THEY'RE NOT COMING TO US AS A COUNCIL UNLESS WE NEED.

THEY FIRST WOULD WORKSHOP IT OR WHATEVER, SO ARRANGE THAT.

WE'LL MAKE SURE EVERYBODY KNOWS ABOUT IT, BUT AGAIN IT'S EXCITING TO THE FACT THAT IT'S A FUNDED PROJECT.

I WANTED TO MAKE SURE YOU'VE HEARD ABOUT THAT.

THEN AT THE SAME TIME THE DIRECTOR OF THE PALMTRAN GOT WITH ME WANTING TO MEET AND I WOULD NORMALLY JUST COORDINATE WITH STAFF ON THIS BECAUSE THEY'RE SEEING THAT THEY'RE GOING TO HAVE A BUS SHELTER REPLACEMENT OR A NEW BUS SHELTER PROGRAM.

THIS COUNCIL HAS NO HISTORY IN IT, BUT THERE WAS A TIME WHEN CERTAIN COUNCIL MEMBERS; NOT HERE ANYMORE, WE'RE VERY INTERESTED IN THAT AND SO I JUST WANTED TO OFFER THAT UP THAT THIS PROGRAM IS TO BASICALLY REPLACE ONES THAT ARE NO LONGER UP TO SNUFF AND THEN IF THERE'S SOME NEW ONES.

I WANT TO MAKE SURE THAT YOU-ALL FEEL THE OPPORTUNITY TO SUGGEST A WAY AND I GUESS WE'LL JUST START WITH HEARING OFFICIALLY WITH OUR STAFF WHAT IT IS AND THEN YOU COULD GET WITH OUR STAFF FROM THERE.

BUT THE ISSUE ON THE SHELTER IS JUST SO YOU KNOW FROM THE PAST IS CONSISTENT WHEN HE CAME UP WAS WHAT THEY DID YEARS AGO IS AS AN ADVERTISING ELEMENT THAT COUNCILS DON'T LIKE BUT THAT ADVERTISING ELEMENT PAID FOR THE MAINTENANCE.

THEY ARE IN. WE WOULD LIKELY HAVE THE OPTION, YOU DON'T HAVE TO HAVE THE ADVERTISING.

BUT THEN WE TAKE ON THE BURDEN OF MAINTAINING IT.

JUST WANTED TO CREATE THAT AWARENESS.

OTHER MUNICIPALITIES LIKE THE GARDENS, IF YOU EVER NOTICED.

WE HAVE ONE WHERE WE CONSTRUCTED A STANDALONE, WE HAD IT AS A DEVELOPER IN C PRIME, I THINK IS A C PRIME OR NOT WORN ON INDIAN CREEK PARKWAY AND MILITARY THERE'S ONE THERE.

BUT SO GOVERNMENTS HAVE DONE HIGHER-QUALITY ONES, BUT AGAIN, IT'S PROGRAMMED COMING IN.

WE ALL WANT TO WEIGH IN IF YOU WANT TO SEE US, TAKE ADVANTAGE OF THAT.

THEN WHEN I SAY THIS FOR STAFF TO HEAR, I KNOW TOM HAS MEMBERSHIP ON A TPA BOARD AND I'M REALLY PLEASED I HAD SEEN A FIVE-YEAR PLAN UPDATE FROM THE COUNTY ENGINEER, UPON WHICH COUNTY ROADWAY IMPROVEMENTS.

IT WAS DIFFERENT FROM WHAT I HAD KNOWN TO BE IN THERE AND I ASKED A QUESTION AND HE VERY GRACIOUSLY REACHED OUT TO ME AND ASKED ME AND GAVE ME A TIME PERIOD TO GET BACK AND GIVE THEM FEEDBACK ON THE PLAN.

ONE OF THE THINGS WAS THAT THEY DID HAVE IN THE PRIOR YEAR A PLAN FOR CENTRAL BOULEVARD IMPROVEMENT NORTH OF INDIAN TOWN.

I WAS PROBING ABOUT THAT BECAUSE IT WASN'T IN THE PLAN.

WE SAW, OR TOM YOU PROBABLY SAW AN UPDATE WITH THAT WASN'T INCLUDED.

IN ANY EVENT, APPARENTLY, THE COUNTY THEY'D BEEN EXTREMELY MORE TRANSPARENT WITH US THAN EVER BEFORE AND MORE COLLABORATIVE.

JUST WANTED TO SHARE THAT AND MAKE SURE STAFF, BECAUSE THIS IS A STRATEGIC ITEM AND I WANT TO STAFF TO KNOW THAT WE HAVE THE OPPORTUNITY TO INFLUENCE WHAT YOU SAW LAST MEETING.

QUASI-JUDICIAL HEARINGS.

CAN YOU ASK TOM TO REDISTRIBUTE? NORMALLY, THERE'S A GUIDANCE LETTER HE PUTS OUT.

I THINK I HAVE THE LATEST OF THE STANDARD THAT WE SHOULD BE USING.

[03:00:05]

THEN KEEP ME STRAIGHT ON THAT.

I'D LIKE STAFF TO GIVE US AN UPDATE ON THE SUNOCO GAS STATION THAT WE HAD APPROVED.

IS IT GOING FORTH? THE REASON I ASKED THAT IS MY GOSH, EVEN WHEN I HEARD THAT APPLICATION THAT'S LOOKING PRETTY SAD.

IT'S THE ONE ON INDIAN TOWN ROAD.

[OVERLAPPING] YEAH. REALLY BAD.

THE SIGN, IT LOOKS LIKE OH MY GOSH.

I MEAN, I HAVEN'T BROUGHT IT UP BEFORE IF THEY'RE GOING TO BE DOING IT, BUT IF THEY'RE NOT, I MEAN, THAT'S AN EYESORE.

>> IT WASN'T THAT LONG AGO, WAS IT? HOW MANY MONTHS?

>> NO, IT WASN'T MAYBE SIX MONTHS BACK OR SOMETHING AND IT TAKES A WHILE TO GET THROUGH THE PROCESS.

BUT I WANT TO MAKE SURE THAT, MY PATIENCE IS THAT IT'S JUST GOING TO BE DONE OKAY BUT [OVERLAPPING]

>> LET'S JUST SAY [LAUGHTER].

>> IT'S ALMOST LIKE THEY HAVE PAINTED OUT TWO OF THE PRICES AND WHATEVER.

I'VE NEVER SEEN SOMETHING THAT LOOKS SO JUNKIE.

THEN LASTLY, THE OTHER NIGHT I CAME BY AND I WAS GETTING MY MAIL AND I SAW THERE WAS A BROCHURE THAT WAS IN MY PILE, BUT IT HAD TOWN MANAGER'S NAME ON IT AND IT WAS CHRISTMAS DECORATIONS.

I DO SUGGEST THAT AND I WAS LOOKING AT IT, INTRIGUED.

I THINK IT'S SO IMPORTANT THAT TO THE DEGREE THAT WE HAD FUNDED THAT.

I'M GOING TO ASK THAT WHATEVER STAFF WISH TO DECIDE UPON, CAN YOU GET US TO TAKE A LOOK AT IT RIGHT AND AGREE.

BECAUSE FOR EXAMPLE, IF WE WERE GOING TO GET A TREE, MAYBE SOME OF US MIGHT WANT A BIGGER TREE AND SO I DON'T WANT TO END UP WITH AN EIGHT-FOOT CHRISTMAS TREE OR SOMETHING [OVERLAPPING] THAT WAS INTRIGUING [LAUGHTER] FOR SURE HAVE YOU LOOKED AT IT?

>> YEAH MAYOR. WE WERE JUST GOING TO TAKE A FIELD TRIP TO YOUR HOUSE [LAUGHTER] AND JUST MODEL THE TOWNS.

>> BUT THE COUNCIL.

>> MAYBE HE'S GOT A FEW UP IN THE ATTIC.

>> THE COUNCIL APPROVE THIS AND I JUST WANTED TO MAKE SURE THAT THEY GET THE OPPORTUNITY TO WEIGH IN ON THIS SELECTION BECAUSE ONCE YOU BUY IT, IT'S GOING TO BE RE-USED.

>> YEAH, I DEFINITELY WANT, OUR SUBJECT MATTER EXPERT UP HERE IS YOU, MAYOR.

[LAUGHTER]

>> THIS DECISION IS WHERE'S IT GOING TO GO BECAUSE IT HAS TO FIT.

AGAIN, I JUST WANT TO MAKE SURE THE [OVERLAPPING]

>> BUT KRISTEN AND KATE IN THE TEAM HAVE REALLY PUT UP A VERY GOOD PLAN TOGETHER, AND SO WE'RE IN THE FINALIZING THOSE PIECES AND GETTING COSTS.

BELIEVE ME, WHEN I TELL YOU WE'VE BEEN MOVING AHEAD ON THIS.

>> I'M SURE.

>> PRETTY RAPIDLY.

>> YEAH, I DON'T DOUBT.

BUT WHEN I SAW THE BOOK I SAID OH, IS SHE ORDERING FROM HIS CATALOG? WHAT SIZE IS SHE ORDERING? I'M GOING TO START DOWN HERE CAN BE ANYTHING.

>> YEAH. I HAVE GOT JUST A COUPLE OF THINGS REAL QUICK.

I WANT TO REQUEST JUST TO THING TOWARDS THE TOWN MANAGER AND YOU GUYS CAN WEIGH IN IF YOU NEED TO.

IT WAS BROUGHT UP A WHILE BACK WHEN WE FIRST INITIALLY DISCUSSED THE SIZE AND SCOPE OF THE NEW TOWN HALL.

I REMEMBER THE DESIGNER SAYING THAT THEY, IN THEIR PROFESSIONAL OPINION, I THOUGHT IT MIGHT HAVE BEEN A LITTLE TOO SMALL, A LITTLE TOO CONSTRAINED FOR THE SIZE OF THE STAFF, AND NOT REALLY TAKING INTO ACCOUNT POTENTIALLY A STAFF INCREASE AND INCREASING THAT SIZE.

I'D LIKE TO BE ABLE TO DIRECT THE TOWN MANAGER TO REACH OUT TO, I GUESS SOME OF THE ASSOCIATES MAYBE KIMLEY HORN AND GET, GET A BETTER OPINION ABOUT THAT AS TO KNOW HOW MUCH BIGGER THEY RECOMMEND AND THEN TALK WITH VARIOUS MEMBERS OF STAFF AND SEE IF THERE'S A POTENTIAL DOWN THE ROAD THAT WE MIGHT BE EXPANDING OUR STAFF AND MAKING SURE THAT WE HAVE ENOUGH SPACE.

SOMEBODY MAY HAVE MENTIONED COUNCIL MEMBERS HAVING THEIR OWN OFFICE SPACE TO BE ABLE TO HAVE MEETINGS AND STUFF LIKE THAT.

WITH THAT, I THINK WE MAY NEED AN OPPORTUNITY TO ADD TO THE DESIGN.

I THINK TIME IS PERTINENT BECAUSE WE HAVEN'T BROKE GROUND YET TECHNICALLY ON THE BUILDING SO WE MIGHT BE ABLE TO HAVE AN OPPORTUNITY TO INCREASE THE SIZE A LITTLE BIT.

JUST WAIT FOR THAT.

THEN ON TOP OF THAT, WE JUST GOT DONE WITH THE POLICE CONTRACT, WHICH WAS GREAT.

BUT ONE THING AND I'VE SPOKEN TO SCOTT ABOUT THIS AND I ACTUALLY RAN INTO HIM ONE NIGHT AS I WAS EXITING THE CHAMBERS.

AS I EXITING, LIKE 10 COPS WERE WALKING IN WITH DUMMY GUNS AND STUFF LIKE THAT AND THEY WERE UNLIKE WHAT HE IS DOING AND THEY WERE LIKE, WE'RE TRAINING.

TRAINING IN TOWN HALL.

YOU DON'T REALLY HAVE A TRAINING FACILITY.

I WAS LIKE, YEAH, THAT MAKES SENSE. I WORK IN FIRE RESCUE.

WE HAVE THIS PREMIER TRAINING FACILITY THAT WE GO TO TRAIN AT.

I KNOW THAT I THINK POTENTIALLY YOU GUYS SOMETIMES GO DOWN THE GARDENS, TO TRAIN WITH THEM BUT THEIR FACILITY THAT THEY HAVE.

WHAT I'D LIKE TO SEE,

[03:05:02]

I MEAN, THEY PROVIDE A PREMIER SERVICE AND I THINK WE NEED TO PROVIDE THEM WITH A PREMIER LOCATION TO DO THEIR TRAINING.

I'D LIKE TO SEE THAT LOOKED INTO AND PRESENT IT BACK TO US.

SEE HOW MUCH, SOMETHING LIKE THAT WOULD CAUSE THINGS LIKE THAT.

SAID THAT THEY DON'T HAVE TO GO DOWN THE GARDENS TO USE THEIR FACILITY.

WE CAN HAVE THEM RIGHT HERE IN THE TOWN OF JUPITER.

LAST NOT LEAST, BUT THE TOWN MANAGER MENTIONED WE DO HAVE A HURRICANE POTENTIALLY COMING THIS WAY.

I'VE BEEN LOOKING AT ROP MODEL RUNS AND STUFF.

I SENT ON THE COMMAND TEAM AT WORK FOR OUR HURRICANES AND STUFF.

WE ARE WATCHING IT CLOSELY.

IT'S ONE OF THOSE THINGS. IT'S LOOKING LIKE THIS TIME OF YEAR WITH THE COLD FRONT IS BUILDING IT AND EVERYTHING LIKE THAT, IT COULD POTENTIALLY HAVE A SIMILAR IMPACT, A SIMILAR TRACK TOO.

IF YOU GUYS REMEMBER HURRICANE WILMA, A LOT OF THE MODEL RUNS OR SNIFFING AT THAT.

JUST EVERYONE JUST BE PREPARED.

GET YOUR GAS NOW, GET YOUR WATER NOW, MAKES SURE YOUR BATTERIES ARE GOOD.

YOU KNOW ALL THOSE OTHER THINGS TAKE YOUR PREPARATIONS NOW BECAUSE WE COULD BE LOOKING AT BEGINNING TO MIDDLE OF NEXT WEEK OF POTENTIAL IMPACTS TO OUR AREA.

I'D LIKE TO MAKE SURE EVERYBODY IS ON TOP OF THAT AND GETTING IT DONE NOW.

THERE'S NOT LONG LINES AT THE GAS STATION AND THINGS LIKE THAT. THAT'S IT.

>> JUST ON THE TOWN HALL, I HAVE HAD A NUMBER OF CONVERSATIONS WITH RESIDENTS FOR MONTHS ABOUT THE TOWN HALL.

I DON'T KNOW IF THERE'S A CONCERN HOW SERIOUS MAYBE, BUT I DO KNOW THAT WHEN THE DISCUSSIONS WERE ORIGINALLY HAD AROUND THE TOWN HALL, I THINK WE HAD SOMETHING LIKE 100 STAFF.

WE NOW HAVE 108.

THERE WAS A DISCUSSION WITH THE DEVELOPER TALKING ABOUT WANTING CUSHION AND ROOM FOR GROWTH.

I DON'T KNOW WHAT A SOLUTION IS NEEDED AND WHAT IT WOULD LOOK LIKE.

I LEAVE THAT TO YOUR DISCRETION, BUT I WOULD LIKE TO KNOW MORE ABOUT THAT AS WELL.

THEN JUST ONE THING AND I WANT TO SPEAK TO COUNCIL ABOUT THIS AND I ALSO WANT TO SPEAK TO RESIDENTS.

THE BED IS JUST, AS A NEW MEMBER OF COUNCIL, THERE ARE MANY THINGS THAT I'M EXPLORING AND LEARNING, AND ONE OF THEM IS SUNSHINE.

FOR EXAMPLE, ON SOCIAL MEDIA.

SOCIAL MEDIA IS NOT MY FAVORITE.

I'M LEARNING HOW TO USE IT.

I'M TRYING TO FIGURE OUT WHAT THE BEST USE OF MY OWN COUNSEL PAGES AND WHAT TYPES OF MATERIAL OR CONTENT USE RESIDENTS WOULD LIKE TO SEE SPEAKING TO THOSE WHO ARE WATCHING.

BUT I HAVE MADE IT A POINT TO GO INTO DETAIL AND ON THE RECORD ON POSITIONS.

I THINK IT'S EVERY COUNCIL MEMBER'S RESPONSIBILITY TO BE TRANSPARENT ABOUT THEIR VIEWS ON THINGS.

I'VE MADE IT A POINT TO THINK VERY HARD ABOUT ALL OF MY POSITIONS AND TRY TO SPEAK CLEARLY TO THEM.

I WON'T ALWAYS BE IN THE MAJORITY.

BUT I DO THINK THAT TRANSPARENCY MATTERS AND SO I DO.

I LEARNED ON SOCIAL MEDIA AND THIS IS SOMETHING I WANT TO SHARE BECAUSE I DON'T WANT THERE TO BE AN EXPECTATION FROM RESIDENTS THAT I'M GOING TO POST A POSITION ON AN ITEM BEFORE I VOTE BECAUSE I'M NOT ALWAYS ABLE TO BECAUSE OF SUNSHINE.

I DIDN'T QUITE UNDERSTAND IT BEFORE SO IT'S NOT JUST THE SUNSHINE LAW, IT'S ALSO AN ATTORNEY [NOISE] GENERAL OPINION, SO THERE ARE A NUMBER OF OPINIONS THAT WERE ISSUED AND THE ONE THAT'S RELEVANT HERE THAT I CAME ACROSS IN MY RESEARCH AND I'M WORKING WITH THE TOWN ATTORNEY SOMEWHAT TO UNDERSTAND JUST THE PRACTICAL, HOW DOES THIS WORK IN REAL LIFE FOR ALL OF THESE SITUATIONS? THIS LAW WAS WRITTEN A WHILE AGO AND SOCIAL MEDIA IS ONLY THERE AROUND SO LONG AND THEY'RE ALL THESE NUANCES TO IT, BUT ONE THING IT SAID WAS, WHILE THE MERE POSTING OF A POSITION DOES NOT IMPLICATE THE SUNSHINE LAW, IT WOULD APPEAR THAT ANY SUBSEQUENT POSTINGS BY OTHER COUNCIL OR COMMISSION MEMBERS ON THE SUBJECT OF THE INITIAL POSTING COULD BE CONSTRUED AS A RESPONSE, WHICH WOULD BE SUBJECT TO THE STATUTE.

ESSENTIALLY, ONE MEMBER MIGHT BE ABLE TO COMMENT ON AN ISSUE THAT'S COMING UP FOR A VOTE, BUT THEN THE OTHERS WOULD NOT BE ABLE TO BECAUSE THAT WOULD BE AN INTERACTION AND IT WOULD BE SUBJECT TO SUNSHINE.

I'M STILL TRYING TO UNDERSTAND ALL OF THIS AS A NEW MEMBER, I'M STILL TALKING TO OUR TOWN ATTORNEY ABOUT IT, TO UNDERSTAND IT.

BUT FOR RESIDENTS, I WANT YOU TO UNDERSTAND THAT I WANT TO BE TRANSPARENT, I WANT TO SHARE MY THOUGHTS, I WORKED REALLY HARD ON MY RESEARCH AND I THINK IT'S FOR THE BENEFIT AS I TALK NOW TO COUNCIL, I THINK IT'S TO THE BENEFIT OF ALL RESIDENTS TO HAVE JUST THE COMPLETE PERSPECTIVE OF A COUNCIL.

[03:10:04]

THEY'VE DONE, [NOISE] WHICH I'VE BEEN GRATEFUL FOR.

I JUST GOT THE INFLATION WRONG, THE LOCAL INFLATION I THOUGHT IT WAS 10.7, AND THEN LO AND BEHOLD, IT'S 13.

SO I'M GRATEFUL FOR STAFF TO BE ABLE TO PROVIDE THAT INFORMATION HERE FOR RESIDENTS TO THE BENEFIT OF US AS WELL, AND JUST FOR THE COMPLETE PERSPECTIVE.

THIS IS A NEW COUNCIL, THIS IS A NEW EVERYTHING.

I WANTED TO JUST TALK TO MY COLLEAGUES ABOUT THAT AND SEE HOW TO THINK ABOUT THAT AS WE RELATE TO ONE ANOTHER GOING FORWARD AND TO RESIDENTS, AND TO PROVIDE RESIDENTS A COMPLETE PICTURE OF ALL THE ISSUES GOING FORWARD.

I'M CONTINUING TO LEARN AND IF I LEARN MORE ABOUT THIS, I WILL SHARE IT, AND I'LL PROBABLY BE IN A FRIDAY MEMO OR SOMETHING. THANK YOU.

>> SAFE BET IS JUST THOSE THINGS AFTER YOU VOTE FOR IT AND MAKE SURE YOU'RE NEVER GOING TO VOTE ON THAT SUBJECT AGAIN, THAT'S PRETTY MUCH WHAT I'VE GOTTEN FROM TOM AND THAT'S PRETTY MUCH WHAT I DO SO IT'S JUST GREAT.

>> YEAH, I WROTE THAT ON A SOCIAL MEDIA POST AND NO ONE LIKES IT, NO ONE FOLLOWS ME, IF YOU WANT TO FOLLOW ME ON FACEBOOK, I'M TRYING BUT.

>> TELL THEM TO CALL YOU OR EMAIL YOU.

>> MY HANDLE. YEAH, PLEASE, PLEASE CALL, EMAIL ME.

BUT MY FIRST SHOT AT THIS IS; I POSTED ON FLORIDA SUNSHINE IN SOCIAL MEDIA, I QUOTED THE ATTORNEY GENERAL OPINION AND I'M GOING TO SHARE THOUGHTS AFTER VOTES OCCASIONALLY.

SO I DO WANT, SOMETIMES IT'S MORE DIGESTIBLE THAT WAY, AND SO I WANTED TO BE SURE THAT INFORMATION IS OUT THERE IN A NUMBER OF DIFFERENT WAYS, BUT THAT'S ALL, THANKS.

>> I ALSO WANT TO COMMENT ON COUNCIL REMAINS POINT ABOUT THE TOWN HALL AND IS THERE ROOM FOR GROWTH? I THINK WHEN WE DID THE POLICE STATION, WAS THERE LIKE FOR THE SENATE MAYBE SEVEN PERCENT GROWTH THAT THEY COULD EXPAND.

IT WASN'T MUCH, I WAS SURPRISED THAT WAS THAT LOW.

I'D BE INTERESTED TO SEE IF THE PD HAS ISSUES WITH STAFFING OR SPACE RIGHT NOW, BUT THAT'S A GOOD POINT, I'D LIKE TO LOOK AT THAT.

SO OTHER THAN THAT, JUST THANKS TO STAFF OR EVERYTHING YOU'VE DONE IN THE LAST EIGHT MONTHS WITH ALL THESE HEAVY LIFTS, WE ALL APPRECIATE IT, GREAT JOB.

>> BY THE WAY IN [OVERLAPPING]

>> CAN I SPEAK NOW PLEASE? [LAUGHTER] I'VE BEEN WAITING FOR QUITE A LONG TIME FOR MY TURN.

I WANTED TO THANK AGAIN THE TOWN MANAGEMENT STAFF FOR DOING THE HEAVY LIFT ON ALL OF THE BIG ITEMS YOU'VE HAD OVER THE LAST SEVERAL MONTHS.

I THINK NOW THOUGH, IT'S IMPORTANT THAT WE LOOK FORWARD INTO WHAT WE DO NEXT.

I KNOW WE'RE GOING TO BE HAVING A WORKSHOP ON STRATEGIC PLAN AND IT'S REALLY IMPORTANT TO ME THAT WE TRANSFORM THE PROCESS FROM A PRIORITY LIST, A REAL STRATEGIC PLAN, ONE THAT'S A MULTI-YEAR PLAN, AND ONE THAT'S TIED TO THE BUDGET AND NOT DIVORCED FROM IT.

THAT WHEN WE DO THE BUDGET, IT'S IMPLEMENTING YEAR 1 OF THE PLAN AND THAT THERE'S A RELATIONSHIP BETWEEN THE TWO AND THAT'S SOMETHING WE'RE GOING TO BE DOING GOING FORWARD.

I ALSO KNOW THAT I'M GLAD THAT THE TOWN MANAGER IS TAKING STEPS TO LOOK AT AND ASSISTANT TOWN MANAGER, THIS COUNCIL IS VERY, VERY ACTIVE AND THERE'S A LOT THAT GOES ON AND I THINK YOU COULD USE A LITTLE HELP THERE, AND I'M GLAD TO SEE YOU TAKING A LOOK AT THAT.

I ALSO THINK WHILE WE'RE DOING THAT, WE SHOULD ALSO TAKE A LOOK AND RECONSIDER HOW WE OBTAIN LEGAL SERVICES FOR THE TOWN.

RIGHT NOW WE HAVE A RETAINER AGREEMENT AND ALL THE LEGAL SERVICES ARE PROVIDED BY OUTSIDE COUNSEL, AND I THINK IT IS MORE EFFICIENT, LESS EXPENSIVE, AND WOULD PROVIDE BETTER SERVICES IF WE TAKE A LOOK AT SOME OF THE SEVEN ITEMS THAT ARE LISTED THAT ARE NOT NECESSARILY REQUIRED BUT LISTED IN THE CONTRACT, AND SHIFT FIVE OF THOSE TO AN IN-HOUSE COUNSEL POSITION.

THIS WOULD ALLOW BASICALLY ALL THE DAY-TO-DAY WORK AND HAND-HOLDING TO BE DONE BY AN IN-HOUSE PERSON.

YOU DON'T HAVE THE METER RUNNING EVERY TIME, THERE'S NEVER A CONFLICT WHEN SOMEONE HAS TO ATTEND A MEETING, AND THEN THE IN-HOUSE COUNSEL WOULD THEN GO AND MANAGE OR THE OUTSIDE COUNSEL WOULD MANAGE THE SPEND, MAKE SURE IT'S DONE EFFICIENTLY, WOULD HELP SELECT OUTSIDE COUNSEL.

AND WOULD ALSO, THIS POSITION COULD HELP US IN TERMS OF GETTING MORE INFORMATION OF WHAT'S GOING ON WITH THE BOARD OF COUNTY COMMISSIONERS MEETINGS IN PALM BEACH AND MARTIN COUNTIES, HELP KEEP US ABREAST OF WHAT'S GOING ON IN TALLAHASSEE AND EVEN WITH THE EXECUTIVE AND THE GOVERNOR'S OFFICE.

I WOULD LIKE TO SEE IF THE TOWN MANAGER TAKE A LOOK AT PERHAPS TAKING THE SUSTAINABILITY POSITION THAT NO ONE SEEMS TO QUITE KNOW WHAT WE'RE GOING TO DEAL WITH AND TURNING THAT INTO AN IN-HOUSE COUNSEL POSITION.

THE SPEND FOR THAT COMBINED WITH WHAT'S OUTSIDE COUNSEL BUDGET NOW, WE WOULDN'T SPEND A FRACTION OF THAT AND WHAT'S LEFT COULD COULD GO TOWARDS THE OUTSIDE COUNSEL EXPENSES.

[03:15:02]

THE BIG DIFFERENCE BETWEEN AN IN-HOUSE COUNSEL AND AN OUTSIDE COUNSEL IS IN-HOUSE COUNSEL PROVIDES ANSWERS AND OUTSIDE COUNSEL PROVIDES ADVICE.

THAT'S A SIGNIFICANT DIFFERENCE AND I KNOW THAT FOR MY OWN PERSONAL EXPERIENCE.

IF WE HAVE THE MAJORITY IN THE COUNCIL AGREE, I WOULD LIKE TO GO AHEAD DOWN THIS PATH AND EXPLORE AS WE GO FORWARD AND AS WE PUT OUR STAMP ON THINGS AND AS WE TRY TO BE MORE EFFICIENT AS A TOWN, TAKING A LOOK AT CREATING THIS POSITION.

>> I'M NOT READY TO SUPPORT THAT AT THIS TIME.

>> I'D LIKE TO TAKE A LOOK AT THAT, I THINK IT'S A GOOD IDEA.

I WAS SPEAKING TO A COUNTY COMMISSIONER THE OTHER DAY AND THEY DO PROVIDE IN-HOUSE COUNSEL AT THE COUNTY LEVEL, SO I THINK BEING IN CONGRUENT WITH THEM, I THINK IT'D BE AN OPPORTUNITY TO LOOK AT THAT SO, I SUPPORT THAT.

>> I THINK WE BENEFIT FROM THE VARIOUS TALENTS ON THIS COUNCIL, AND WE HAPPEN TO HAVE A LAWYER HERE.

I DON'T KNOW MUCH ABOUT THE SPHERE RIGHT NOW, BUT I'M ALWAYS OPEN TO LOOKING INTO SOMETHING, INTO VARIOUS OPTIONS, AND IF WE DECIDE WHAT WE HAVE IS CURRENTLY THE BEST OPTION, OKAY? BUT THERE MAY BE A MORE COST-EFFECTIVE WAY SO, I'M ABSOLUTELY OPEN TO LOOKING AT THAT AND BE SUPPORTIVE.

>> I'M OPEN TO LOOKING AT THAT.

>> ALWAYS OPEN.

>> THANK YOU. THAT'S FINE.

>> COUNSELOR, IF YOU DON'T MIND, I'LL MEET WITH YOU FURTHER SO THAT I CAN CLEARLY UNDERSTAND SOME OF THE SCOPE OF THIS.

>> SURE.

>> JUST ON THE TOWN BUILDING, YOU ARE DONE, RIGHT?

>> YES.

>> JUST ON THE TOWN BUILDING.

I JUST WANTED TO COMMENT BECAUSE I PROBABLY HAD GOTTEN CONTACTED LIKE EVERYBODY ELSE HAD PROBABLY THE SAME PEOPLE.

I HAD REACHED OUT THROUGH THE TOWN MANAGER AND HAD MIKE FELELA PUT TOGETHER A RESPONSE TRYING TO ADDRESS THE ISSUES THAT AS I HEARD SOME OF THEM, I JUST WANT TO WEIGH IN AT LEAST FROM ONE PERSPECTIVE.

IN THE PRIVATE SECTOR, OFTENTIMES SPACE IS IN INCREASE, BUT THE SIZE OF THE WORKSPACES REDUCE, THAT'S THE WAY TECHNOLOGY HAS BEEN GOING.

IT WAS A POINT OF RECORD, A POINT OF HISTORY WHERE I WORK, IT'S INTERESTING BECAUSE WE'VE OFFICE BUILDINGS THAT WERE BUILT WITH PARKING STANDARDS.

IT'S INCREDIBLE HOW MANY MORE PARKING SPACES HAVE BEEN ADDED OVER TIME, AND WHY IS THAT? BECAUSE THEY'VE PACKED BOARD STAFF IN THE BUILDING.

STILL EFFICIENT, I THINK THAT'S AN ELEMENT WHEN YOU ASKED A QUESTION, IT REALLY IS A LOADED QUESTION ON SPACE.

I GET IT, THEIR DIFFERENT POSITIONS REQUIRE A DIFFERENT SPACE, BUT THERE'S TWO WAYS TO TREAT THAT.

ONE IS MORE EFFICIENT USE OF SPACE AND THE OTHER IS MORE VACANT SPACE YOU CAN ADD ONTO.

SO IT'S REALLY A LOADED QUESTION, I JUST WANTED TO WEIGH IN ON THAT.

>> I AGREE WITH THAT, THAT'S WHY I DON'T KNOW WHAT THE SOLUTION LOOKS LIKE.

I DON'T KNOW IF THERE NEEDS TO BE A SOLUTION, BUT JUST BASED ON COMMENTS THAT WE'VE RECEIVED LOOKING INTO IT.

>> I THINK IT'D BE GOOD TO TAKE A LOOK AT THE SPACE TO MAKE SURE IT'S BEING USED EFFICIENTLY AND THAT THE FLOW WORKS AND THAT THERE IS A WAY FOR THE SPACE TO BE FLEXIBLE SO AS OUR NEEDS CHANGE THAT WE CAN ADAPT.

>> YEAH.

>> YOU DON'T WANT TO BUILD SOMETHING AND HAVE IT OBSOLETE THREE YEARS LATER, SO CREATE IT SUFFICIENTLY.

>> YEAH, THAT'S A LOT OF MONEY.

>> I GUESS WITH THAT THEN, THE TIME IS NOW 10:19 AND WE ADJOURN THE MEETING.

THANK YOU. [NOISE]

* This transcript was compiled from uncorrected Closed Captioning.