>> GOOD EVENING. LET EVERYBODY BE SEATED. [Call to Order] [00:00:06] THE TIME IS NOW 07:00 PM. AND I CALL TO ORDER THE TOWN COUNCIL MEETING OF FEBRUARY 21ST. LET'S BEGIN WITH AN INVOCATION, FOLLOWED BY A MOMENT OF SILENCE AND THEN THE PLEDGE. >> DEAR GOD, LET OUR HEARTS AND MINDS REFLECT ON WHAT IS GOOD FOR ALL PEOPLE AND HELP KEEP US FOCUSED. AMEN. >> AMEN. >> LET'S HAVE A MOMENT OF SILENCE. >> EVERYBODY JOIN ME IN THE PLEDGE CAN WE HAVE A ROLL CALL, PLEASE? >> MAYOR KURETSKI? >> HERE. >> VICE MAYOR DELANEY? >> HERE. >> COUNCIL MAY. >> HERE. >> COUNCIL SCHNEIDER. >> HERE. >> COUNCIL SUNDSTROM. >> HERE. >> TOWN MANAGER KITZEROW. >> HERE. >> TOWN ATTORNEY BAIRD. >> HERE. >> TONIGHT, WE BEGIN WITH [1. Consideration to name the open space property currently referred to as Fullerton Island.] THE PRESENTATION AND THEN WE WILL FOLLOW WITH CESSATION COMMENTS FOR NON AGENDA ITEMS. I TURN IT OVER TO TOWN MANAGER'S STAFF. >> GOOD EVENING, MAYOR AND COUNCIL. JOHN SICKLER FOR THE RECORD. THE SUBJECT OF THIS PRESENTATION TONIGHT IS TO CONSIDER THE MEANING OF OPEN SPACE PROPERTY CURRENTLY KNOWN AS FULLERTON ISLAND. THIS PROPOSAL ORIGINATED FROM FORMER MAYOR TODD WODRASKA IN ONE OF HIS LAST MEETINGS LAST YEAR WHEN HE THANK THE COUNCIL AND EXPRESSED HIS APPRECIATION FOR HIS PREDECESSOR MAYOR KAREN GOLONKA. HE STATED HE WOULD LIKE TO SEE FULLERTON ISLAND NAMED FOR HER IN RECOGNITION OF HER 28 YEARS OF CONTRIBUTIONS TO THE TOWN. HE SUGGESTED KAREN K, OR KAREN K AS POTENTIAL NAMES. KAREN GOLONKA, IS AN UNASSUMING LEADER WHO SERVED AS TOWN COUNSELOR FROM 1987-1990, AND AS JUPITER'S MAYOR FROM 1990-2016. AS JUPITER GREW, IT WAS THE MAYOR'S GOAL TO ENSURE THAT JUPITER MATURED IN A SUSTAINABLE FASHION. SETTING A FRAMEWORK TO MAINTAIN AND ENHANCE THE QUALITIES THAT MADE JUPITER UNIQUE. PRESERVING MANY OF JUPITER'S SMALL TOWN QUALITIES WHILE ENSURING A VIBRANT COMMUNITY FOR GENERATIONS IN THE FUTURE. SOME OF HER ACCOMPLISHMENTS INCLUDED BEING A VISIONARY LEADER IN CREATING A PLAN FOR THE RIVERWALK, ADVOCATING FOR THE 2004 OPEN SPACE BEHIND IN ENVIRONMENTAL LAND PURCHASES, MOVING SCRIPPS FLORIDA TO JUPITER. THE ABACOA MASTERPLAN AND DEVELOPMENT OF REGIONAL IMPACT, ESTABLISHING THE IN-TOWN ROAD OVERLAY ZONING DISTRICT IN THE US ONE INTERCOASTAL WATERWAY COURT OR ZONING DISTRICT. ESTABLISHING THE TOWN AS A CERTIFIED LOCAL GOVERNMENT TO PROTECT ITS HISTORIC AND ARCHAEOLOGICAL RESOURCES AND LAST BUT NOT LEAST, YEARS OF EFFORTS TO PROTECT AND PRESERVE FULLERTON ISLAND. THE ISLAND IS APPROXIMATELY 12 ACRES AND IT'S A COASTAL ISLAND LOCATED JUST WEST OF BURT REYNOLDS PARK ALONG THE INTERCOASTAL WATERWAY. IN THE 1960S, MARY AND RICHARD FULLERTON OWN THE ISLAND AND BASED ON THE TOWN COUNCIL MINUTES FROM THAT TIME, THERE WERE DISCUSSIONS THAT WERE OCCURRING ABOUT BUILDING A BRIDGE FROM ALTERNATE A1A TO THE ISLAND INTO REZONE THE PROPERTY TO ALLOW FOR DEVELOPMENT. IN 2003, THE FULLERTON SOLD THE ISLAND AND IN 2004 APPLICATIONS WERE SUBMITTED TO AMEND THE TOWN CODE INTO RESEMBLE THE PROPERTY TO ALLOW FOR RESIDENTIAL DEVELOPMENT. IN 2008, THE TOWN ACQUIRED THE LAND WITH MONIES FROM THE 2004 OPEN SPACE BOND. NO FORMAL NAMING OF THE ISLAND OCCURRED. SINCE THEN, THE TOWN AND [00:05:01] PALM BEACH COUNTY ENVIRONMENTAL RESOURCE MANAGEMENT STAFF WORKED IN A PARTNER TO REMOVE EXOTIC VEGETATION THAT INUNDATED THE UPLANDS AND TO CREATE AN ECOLOGICAL ENVIRONMENT THAT WAS CONDUCIVE TO ESTABLISH IN SEAGRASS BEDS IN THE CENTER OF THE ISLAND. TODAY THE ISLAND IS A DESTINATION FOR PADDLING EXPLORERS. THERE ARE TWO INITIAL QUESTIONS FOR THE COUNCIL. DOES THE COUNCIL SUPPORT SELECTING A NAME FOR FULLERTON ISLAND THAT IS REFLECTIVE OF ITS LOCATION, FUNCTION AND OR HISTORICAL REFERENCE AND SECOND, DOES THE TOWN COUNCIL SUPPORT THE SUGGESTION OF FORMER MAYOR TODD WODRASKA TO HONOR MAYOR GOLONKA'S YEARS OF SERVICE BY NAMING THE ISLAND AFTER HER. IF THERE IS A DESIRE TO MOVE FORWARD ON SELECTING THE NAME FOR FULLERTON ISLAND, THE FOLLOWING ACTIONS MAY BE TAKEN. OPTION 1, THE COUNCIL COULD CONSIDER KAREN K OR KAREN K AS SUGGESTED BY MAYOR WODRASKA. OPTION 2, NAME THE ISLAND MAYOR KAREN J. GOLONKA ISLAND, OR ANOTHER VARIANT THAT CLEARLY RECOGNIZES FORMER MAYOR GOLONKA, WHOSE LEADERSHIP AND COMPREHENSIVE PLANNING FOCUS WAS INSTRUMENTAL IN MAINTAINING THE ISLAND AS CONSERVATION OR OPTION 3, TAKE NO ACTION AT THIS TIME ON THIS ITEM AND PROVIDE STAFF WITH DIRECTION. I THANK YOU FOR YOUR CONSIDERATION. IF YOU HAVE ANY QUESTIONS, I'D BE HAPPY TO ENTERTAIN THEM. >> JUST TO ADD MY PERSPECTIVE ON THAT ONE AND I'M SURE ONE THAT SOMEWHAT OUR FORMER MAYOR TODD WODRASKA HAD. I SUPPORT THE RECOMMENDATION TO HONOR OUR FORMER MAYOR KAREN GOLONKA WITH THAT, I THINK IT'S QUITE FITTING. IN FACT, I THINK IT'S THE MOST FITTING ACTION WE COULD TAKE. WHEN I THINK BACK ON THE HISTORY OF FULLERTON ISLAND, AND WHAT COULD HAVE HAPPEN TO JUPITER. I REALLY DO THINK IT SET THE TONE TO NOT HAVE US BE LIKE CITIES TO THE SOUTH. THE FIGHT WENT ON FOR YEARS. I WAS AWARE OF IT SITTING IN THE AUDIENCE HERE BEFORE I GOT ON COUNCIL, IT WAS FITTING THAT THE 2004 BOND REFERENDUM THAT WAS OVERWHELMINGLY SUPPORTED BY THE RESIDENTS FIRST PURCHASE WAS FULLERTON ISLAND I RECOLLECT. WE'VE DONE IN PARTNERSHIP WITH PALM BEACH COUNTY. AS I REFLECT BACK WHEN THE ISLAND WAS SOLD IN 2003, AS MR. SICKLER SAID, I REMEMBER THE ABSURDITY OF GETTING AN APPLICATION. THEY WERE NOT GOING TO BUILD A BRIDGE ANYMORE THAT'S GOING TO BE A BARGE. WHEN YOU HAD TO HAVE A PERFECT WITHOUT LAUGHING, THE PRESENTATION WAS IF A FIRE HAPPENED, THERE'S GOING TO BE A BARGE. THE FIRE TRUCK WAS GOING TO PULL ON THE BARGE [NOISE] CLOSE TO THE ISLAND BUT JUST THINKING ABOUT THE ABSURDITY AND JUST THINK, NOW THAT ISLAND, WE'VE GOT SEAGRASS REJUVENATION AND WHATEVER. REALLY IT'S FITTING. I JUST WANT TO GIVE THAT PERSPECTIVE OF HISTORY. NONE OF THAT WOULD HAVE HAPPENED WITHOUT FORMER MAYOR KAREN GOLONKA'S EFFORTS. I DO THINK IT'S VERY FITTING. I DON'T HAVE ANY STRONG OPINIONS ABOUT THE NAME AND WHAT WE HAVE BEFORE IS WE HAVE AND IT CAN CHANGE. IT'S THE PREROGATIVE OF THE COUNCIL. I JUST WANT TO SUGGEST THAT I DO THINK IT'S APPROPRIATE, SO I'M SUPPORTIVE OF IT. WHICH WAS ONE ITEM WE HAD TO DECIDE AND THEN THE SECOND IS WHAT THE NAME WOULD BE AND I'M OPEN TO THAT. I'D LIKE TO HEAR FROM ANYBODY ELSE WHO WANTS TO SPEAK ON THIS ITEM. >> I WANT TO ASK TWO QUESTIONS QUICKLY. I HAD THE HONOR OF SPEAKING WITH FORMER MAYOR GOLONKA TO GET HER PERSPECTIVE ON THIS AND ONE OF THEM IS HER QUESTION AND LEARNING A LOT ABOUT KAREN, IT WAS VERY TECHNICAL AND SO I JUST WANTED TO ASK ON THE DEFINITION OR TECHNICAL IS THERE ANY DISTINCTION BETWEEN ISLAND KEY OR K? JUST FOR THE RECORD. >> I MEANT TO SEND YOU THE ANSWER TO THAT QUESTION [LAUGHTER] AND I DIDN'T PRINT IT OUT. BUT A KEY OR A K IS AN OUTCROPPING OF A CORAL FORMATION IN A WATERWAY. TECHNICALLY THIS IS A COASTAL ISLAND, IT WAS CREATED FROM PROBABLY A LARGER ISLAND THAT INCLUDED [00:10:03] THE BURT REYNOLDS ISLAND PRIOR TO THE INNER COASTAL WATERWAY BEING DUG ACROSS IT. BUT TECHNICALLY, IT'S NOT A KEY OR A K. >> THAT WAS IMPORTANT TO HER. THE SECOND QUESTION IS, NAME CHANGES CAN BE MORE COMPLICATED THAN PEOPLE REALIZE AND I RECOGNIZE THAT THERE'S NO RESIDENTIAL DEVELOPMENT ON THIS ISLAND. BUT IS THERE A COST ASSOCIATED WITH CHANGING ITS NAME IN TERMS OF THE SIGNAGE? MAP UPDATES, IS THERE ANYTHING THERE THAT WE SHOULD KNOW AHEAD OF TIME? >> THERE WOULD BE SOME COSTS ASSOCIATED WITH UPDATING INFORMATION THAT REFERS TO THE ISLAND IN ON THE ISLAND ITSELF. MOST OF THOSE WOULD BE ADMINISTRATIVE COSTS. PRIMARILY, I WOULD HAVE TO GO BACK AND GET AN ESTIMATE FOR REPLACEMENT SIGNAGE, BUT I WOULD NOT EXPECT THAT TO BE AN EXCESSIVE AMOUNT. >> THANK YOU. JUST AS A COMMENT TO WHEN SPEAKING WITH FORMER AMERICA LANKA, AND IN LIGHT OF OUR RECENT EMAIL THAT COUNCIL RECEIVED FROM FORMER MAYOR WOOD ROSCOE,I WOULD RECOMMEND THE SECOND RECOMMENDATION BY STAFF. BECAUSE IT'S NAMED FULLERTON ISLAND, I THINK IT'S CLEAR TO CONTINUE WITH THE TERM ISLAND VERSUS SOMETHING ELSE. I KNOW THAT FORMER MAYOR WOOD ROSCOE HAD SAID PARK, BUT THE TOWN HAS MANY PARKS AND THAT COULD LEAD TO CONFUSION. THEN MAYOR KAREN J. GOLANKA ROLLS OFF THE TONGUE, WOULD BE PERHAPS MOST APPROPRIATE JUST BECAUSE AS WE KNOW, THERE ARE A NUMBER OF KAREN'S UP HERE, OR ANOTHER KAREN, AT LEAST TWO LOOMS LARGE IN THE IMAGINATION OF NORTHERN PALM BEACH COUNTY. GIVING HER THAT DISTINCT RECOGNITION WITH MAYOR KAREN J. GALATIA, I THINK WOULD BE APPROPRIATE. THAT SAID THERE IS A CERTAIN POETRY TO KAREN'S K OR Q, BUT GIVEN THE TECHNICAL DEFINITION, MAYBE A NICKNAME LATER ON, I'LL KNOW IF WE CAN HELP START THAT. BUT THE OFFICIAL NAME, I WOULD SUPPORT OPTION 2, AND I CERTAINLY WOULD SUPPORT DOING THIS FOR HER BASED ON HER SERVICE TO THIS TOWN FOR SO MANY YEARS. IN SPEAKING WITH HER, SHE WASN'T TOLD ABOUT THIS, SHE LEARNED ABOUT IT UNEXPECTEDLY, AND SHE WAS ALMOST EMBARRASSED BY IT. SHE WAS REALLY A HUMBLE, DEDICATED SERVANT TO THIS TOWN, SO I DO THINK IT'S APPROPRIATE. WITH THAT, I'LL FINISH MY COMMENTS. >> NO, I DEFINITELY SUPPORT THE MAYOR KAREN JACOB ISLAND, KEEPING THE OWED TO THE FACT THAT IT IS AN ISLAND, AND BASED ON THE E-MAIL FROM THE FORMER MAYOR ASKING FOR IT TO BE NAMED MAYOR KAREN J. GOLANKA ISLANDS. THEN, HE HAD SAID MAYBE NICKNAME KAREN'S KEY IN SOME WAY, SOMETHING LIKE THAT. WE CAN WORK ON SOMETHING, BUT I DEFINITELY SUPPORT THE RENAMING TO KAREN J. GOLONKA ISLAND. >> I AGREE. >> WHEN I GET ON COUNCIL, THAT WAS RIGHT AFTER THE LAST TERM OF AMERICA LANKA. OVER THE YEARS I'VE HAD CONVERSATIONS WITH DIFFERENT PEOPLE IN TOWN. HOW ARE WE GOING TO HONOR THE MAYOR FOR HER YEARS OF SERVICE? I'M REALLY GLAD THIS CAME UP, AND I'M ALSO IN FAVOR OF OPTION 2 I THOUGHT KAREN, K OR Q IS A LITTLE TOO VAGUE, SO I THINK IT WAS MORE FORMAL NAME AND THEN A BABY LOCAL KNOWLEDGE PEOPLE JUST CALL IT KAREN Q OR KAREN K. BUT THIS IS LONG OVERDUE AND I REALLY APPRECIATE ALL THE WORK AND EFFORT SHE PUT IT IN FOR WHAT, 28, 29 YEARS WITH THE TOWN AND REALLY HELPED DEVELOP JUPITER TO WHAT IT IS, SO I'M IN FAVOR. >> I THINK WE HAVE A CLEAR CONSENSUS. >> WE DO HAVE A PUBLIC COMMENT. >> WAYNE POSNER? >> HI, WAYNE POSNER, 315 KARINA. GOOD EVENING. COUNCIL, MAYOR, TOWN MANAGER. MORE APPROPRIATE THAN ME TO BE SUPPORTIVE OF THIS. I WAS HER, I GUESS HER COMPETITOR, AND I'M VERY PROUD OF WHAT SHE SERVED, AND THIS IS OUT OF RESPECT FOR ALL OF US THAT SERVE THIS TOWN. AS LONG AS SHE SERVED THIS TOWN, THIS IS THE LEAST WE CAN DO FOR HER. I AM IN TOTAL SUPPORTED THAT. I LIKE THE MAYOR KAREN J. GOLANKA ISLAND WITH A ACHE, ALSO KNOWN AS KAREN'S K, THAT'S WHERE I WOULD LIKE TO SEE IT. I CAN'T BE ANY IN ANY MORE SUPPORT THAN SOMEBODY WHO HAS PRINTED CIVIL SERVICE IN FOR THOSE MANY YEARS, AND BEING ON THAT SIDE OF THE DESK FOR MANY YEARS MYSELF, I THINK IT'S VERY APPROPRIATE. IT'S ALSO APPROPRIATE THAT WE UNDERSTAND THAT WE SHOULD BE HONORING PEOPLE WHILE THEY'RE STILL HERE. THAT'S A VERY IMPORTANT THING. NORMALLY THIS HAPPENS AFTER SOMEBODY GOES. IT'S GOOD THAT THESE PEOPLE GET TO SEE THE APPRECIATION FIRSTHAND. IT'S CALLED APPRECIATION, AND GRATITUDE, [00:15:02] AND COMPASSION, AND I REALLY BELIEVE WE SHOULD DO THIS SOONER THAN LATER. THANK YOU. >> WELL, I THINK WE HAVE A CONSENSUS. IS THERE ANY FORMAL ACTION WE NEED TO TAKE? JOHN MANDARIN AS DIRECTION TO PROCEED. >> WE'RE GOOD, MAYOR, AND WE'LL BRING BACK PROCLAMATION AND GET THE BALL ROLLING. >> THANK YOU. WITH THAT WE MOVED TO CITIZEN COMMENTS. [CITIZEN COMMENTS] THIS IS THE TIME FOR NON-AGENDA ITEMS, ITEMS THAT ARE NOT ON THE AGENDA. ANYONE WISHING TO SPEAK, YOU'RE LIMITED TO THREE MINUTES IN ADDRESSING THE COUNCIL. WHEN YOU COME TO THE PODIUM, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. DO WE HAVE ANY CITIZEN COMMENTS? >> YES. WE HAVE TWO. WAYNE POSNER AND AFTER A WAYNE IS GOING TO BE ANDY WESTON. >> HI AGAIN. WHEN POSNER 315 KARINA, FIRST TIME, I'VE ACTUALLY GOT SIX MINUTES INSTEAD OF THREE. I CAME HERE AGAIN FOR THAT REASON WHAT I JUST SPOKE ABOUT BEFORE, I'M NOT AN ENVIRONMENTALIST. I'M MORE OF A NATURALIST. IT'S A NATURAL SPOT. IT'S NEVER BEEN REALLY CHANGED THAT MUCH UNTIL THEY DUG OUT THE INTERCOASTAL, WHICH WE KNOW HAPPENED MANY YEARS AGO, BUT IT'S A NATURAL SPOT. IT'S NOT MAN-MADE, SO IT'S IMPORTANT TO UNDERSTAND THAT PART OF IT. I ALSO CAME HERE SPEAKING FOR ONE OF OUR CITIZENS, WHICH HAD BEEN HERE MANY TIMES FOR ANDY WESTON. ANDY WESTON IS A CITIZEN, HE'S BEEN PLAYING TAXES FOR 25 YEARS. THE VIETNAM VETERAN, HE'S ALSO STILL HERE WITH US AND AS A CITIZEN, HE NEEDS HIS STREET FIXED. I'VE BEEN HERE MANY TIMES AND OUT OF RESPECT FOR THE TOWN COUNCIL, WHEN I WAS ON THE TOWN COUNCIL, WE VOTED AND AGREED TO PUT IT IN THE BUDGET FOR 2022. IT'S JUST LIKE IF ANY ONE OF YOU PUT SOMETHING IN THE BUDGET, YOU WILL NO LONGER ON THE TOWN COUNCIL. THE NEW TOWN COUNCIL JUST TOOK A SIDE WHAT YOU HAVE WORKED SO DILIGENTLY FOR AN ATLAS FOR THE PEOPLE, I HAVE NO SKIN IN THIS GAME. THIS IS ABOUT ANDY WESTON, ANDY WESTON AND DESERVES HIS STREET FIXED, I WAS TAUGHT TO CAMERON BEING A FIREFIGHTER AND A MEDIC. THEY UNDERSTAND THAT THEY CAN'T GET DOWN THAT STREET AT 16 FEET WIDE. IN 2002, THEY TORE UP THE STREETS PUT THE SEWERS IN AND AT THAT TIME, THEY SHOULD HAVE PUT IN INSTEAD OF 16 FEET TO 20 FOOT WIDE CODE. AS A BUILDER FOR 42 YEARS, I KNOW WHEN YOU DO RENOVATION, OR YOU DO A FIX IN A BUILDING, OR RENOVATE SOMETHING, YOU NEED TO BRING THAT UP TO CODE. YOU JUST CAN'T RENOVATE ONE PIECE OF IT WITHOUT BRINGING THE REST OF IT UP TO CODE. THAT INCLUDES 20% FOR HANDICAPPED PURPOSES AND THINGS OF THAT SORT. THAT IS THE FLORIDA CODE. I DON'T UNDERSTAND HOW THE TOWN OF JUPITER WHEN THEY START WORKING ON THE STREET, THEY CAN'T BRING THE REST OF IT UP TO CODE. IT'S IMPERATIVE. ALL THE TAX DOLLARS THAT THEY SPENT ON THAT STREET SINCE 1964 WHEN THEY GOT DEVELOPED. AND THERE'S A WHOLE LITANY OF OTHER INFORMATION THAT MAYBE THIS COUNCIL SHOULD READ, IT'S OUT THERE. YOU SHOULD READ WHAT IT ACTUALLY STATES AND THE DEVELOPMENT AGREEMENT, YOU'RE GOING TO BE SHOCKED WHEN IT SAYS, WHICH I'M REALLY NOT PRIVY TO SAY AT THIS MINUTE. HOWEVER, I THINK IT'S IMPORTANT THAT WE START A PROGRAM WHERE WE START FIXING THINGS FOR OUR CITIZENS. THANK YOU. >> ANDY WESTON. AFTER ANDY, ITS GOING TO BE WILLIAM DRESBACK. >> ANDY WESTON, 949 DOLPHIN. I'VE BEEN IN JUPITER FOR 25 YEARS, BUT I'M A NATIVE BORN AT CORAL GABLES. WHICH BY THE WAY, JUPITER HAS A BIGGER CITY THAN THE CITY OF CORAL GABLES. I SENT YOU ALL AN EMAIL. LAURA IS TRYING TO HELP ME A LITTLE BIT ON SOME OF THE HISTORY AND REALLY AREN'T ANY RECORDS, WHICH IS A LITTLE DISAPPOINTING. SHE DID SHARE WITH ME A DEVELOPER AGREEMENT WHICH IS WHAT YOU WOULD GET WHEN YOU HAVE LIKE THE CC&RS ON A CONDOMINIUM. I THINK THE PLAT WHEN IT WAS FILED, WAS PROBABLY TRYING TO FIND OUT WHAT THEY WERE SUPPOSED TO DO. THEY FILED THE DEVELOPMENT AGREEMENT. THERE'S NO MENTION IN THAT DEVELOPMENT AGREEMENT ABOUT THE ROAD WHICH LEAD ME TO BELIEVE THAT MAYBE THE TOWN DID THE ROAD AND ALSO THE DEVELOPER ADHERED THE RULES OF THE, "YOU'RE GOING TO PUT A SEPTIC TANK IN," ALL THE DIFFERENT RULES THAT YOU MIGHT HAVE IN A DEVELOPMENT, BUT THERE'S NO MENTION OF THE ROAD. THE ROAD WAS PUT IN. LAURA SENT ME SOME OVERHEADS INTERESTING FROM 1953. THERE'S NOTHING THERE. IN 1964, THEY'D STARTED BOTH THE RIVERSIDE DEVELOPMENT AND RIO VISTA WHERE THEY HAD DUG THE CANALS. [00:20:01] YOU'RE REALLY DISTINCTLY SEEING THAT THE CANALS DUG THROUGH THERE. IT CREATED TREMENDOUS VALUE. THOSE PROPERTIES ARE ALL NOW AT A MARKET VALUE AROUND THOSE CANALS. THEY'RE $200 MILLION. THAT'S THE POP OF MAPS VALUE NOT WITH THE RETAIL IS WHICH MIGHT BE MORE LIKE $400-500 MILLION FOR ALL THOSE PROPERTIES AROUND THERE, THAT'S TREMENDOUS DEVELOPMENT. NOW, DAVID, OVER THE WATER DEPARTMENT SHARED WITH ME WHAT HIS PLANS ARE FOR REPLACING THE WATER PIPE. THAT PIPE IS GOING TO GO THROUGH THE WEST SIDE OF DOLPHIN AND IT'S GOING TO DISRUPT EVERY ONE OF THE DRIVEWAYS OVER THERE. IF YOU'RE DOING THAT, WELL, YOU MIGHT AS WELL DISRUPT THE DRIVEWAYS AND CUT OFF FOUR FEET AND PUT THE ROAD THEN AND JUST CLEAN THAT WHOLE THING UP. REALLY THINK IT'S TIME TO DO THAT. YOU SAY THERE ISN'T ANY MONEY. WELL, YOU SEND IN A LETTER APPLYING FOR THE RIGHT TO HAVE QUIET ZONES AND THERE'S A BUDGET NUMBER ON THERE WITH OVER $500,000. PLEASE DON'T DO QUIET ZONES. I LIVE AT 10TH OF A MILE FROM THE RAILROAD. IF THOSE HORNS SAVE ONE LIFE, PLEASE LET THEM BLOW THE HORNS. A HUNDRED MILE AN HOUR TRAIN IS GOING TO BE ZIPPING THROUGH THERE, YOU'LL NEVER HEAR THEY'RE COMING IF YOU DON'T HAVE A HORN. PLEASE LET'S SPEND SOME MONEY ON DOLPHIN. I WOULD APPRECIATE IT AND GOOD TO SEE YOU ALL AGAIN TONIGHT. THANK YOU. >> WILLIAM. >> WILLIAM DRESBACK, BILL, 1307 WINDLEY KEYWAY, ABACOA. JUST A COUPLE OF POINTS, YEARS AGO, WHEN I MOVED INTO THIS AREA FROM MIAMI, THEY PROMISED AN UPGRADE ON ALL THE TRAFFIC LIGHTS AND TURN SIGNALS AND UNIFY THEM. ONE WAY IS, THEY DON'T ALL TURN THE SAME WAY AND I JUST WONDER WHAT HAPPENED TO IT. IT WAS BEFORE THE PANDEMIC. THE SECOND THING IS, WE NEED SOME MORE ROUNDABOUTS. I THINK ANY CREEK AND GREENWAY, AND MELROSE COULD BE INCORPORATED AND LIMIGATE TWO TRAFFIC LIGHTS, WHICH SAVES THE CITY MONEY EVENTUALLY, AND WOULD SLOW THE TRAFFIC DOWN. I THINK MAYBE SOME MORE AREAS NEEDS TO BE SOME ROUNDABOUTS IN THE CITY. THANK YOU. >> THANK YOU. I JUST NORMALLY COMMENT ON ITEMS THAT ARE ON CITIZEN COMMENTS BECAUSE WE WANT TO GET ON WITH THE AGENDA THAT PEOPLE ARE EXPECTING. BUT ADDRESS FOR THE RECORD, THE COUNTY IS NOT SPENDING HALF MILLION DOLLARS ON QUIET ZONE. THAT'S FUNDING PROVIDED BY OTHER GOVERNMENTAL ENTITIES. WE WERE WATCHING OVER THAT CLOSELY THAT'S WHY IT'S IN OUR PLANS. WE MAKE SURE THAT THAT'S DONE FOR PUBLIC SAFETY. BUT I DIDN'T WANT ANYBODY TO GET THE IDEA THAT THE TOWN WAS SPENDING THAT AMOUNT OF MONEY ON THAT. WITH THAT UP TO COUNCIL. [2. February 7, 2023 Town Council Meeting Minutes.] COUNCIL, WE HAVE BEFORE US THE MINUTES OF THE FEBRUARY 7TH MEETING. WE ALSO HAVE A SMALL CORRECTION ON THE DIOCESE, IF THERE'S ANY OTHER CHANGES, WE'RE GOING TO HAVE A MOTION. >> SOMEONE? >> SECOND. >> MOTION IN A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. [OVERLAPPING] >> AYE. >> MOTION CARRIES UNANIMOUSLY. MOVING ON TO THE CONSENT AGENDA. [CONSENT AGENDA] THIS IS ITEM 3 THROUGH 8, ON THE AGENDA. THESE ITEMS WILL BE VOTED UPON IN ONE MOTION, UNLESS APPROVED BY A MEMBER OF THE PUBLIC OR THE COUNCIL. ANY MEMBER OF THE PUBLIC, PULL IT AND CAN SEND THE AGENDA ITEM? >> NO, MAYOR. >> GOING ACROSS THE DIOCESE TOWN MANAGER? >> NO, MAYOR. >> COUNCIL SCHNEIDER? >> YES. >> I'M GOING TO PULL ITEM NUMBER 5. [NOISE] >> NO. >> NO. WE HAVE ON THE CONSENT END, WE'VE PULLED ITEM NUMBER 5, RESOLUTION 1923. RIVER PLAZA ITEM, IS QUASI JUDICIAL. DOES ANY [NOISE] MEMBER OF THE COUNCIL HAVE ANY QUASI JUDICIAL TO DISCLOSE? >> NO. >> SEEING NONE ON THAT ITEM I'D ASK THE COUNTY ATTORNEY TO READ THE ORDINANCE 423 AND 1322 ON SHORT TITLE. >>> ORDINANCE 423, AND ORDINANCE OF THE TOWN COUNCIL OF TOWN JUPITER, FLORIDA. [00:25:01] IN CHAPTER 13, DETAILS, THE CODE OF ORDINANCES PERTAINING TO RESIDENTIAL BUILDING STANDARDS. PROVIDING FOR AN AMENDMENT TO ARTICLE 10, MAKING ITS PROVISIONS APPLICABLE TO ALL BUILDINGS AND STRUCTURES WITHIN THE TOWN. PROVIDING FOR THE REPEAL OF SECTIONS 1343, 1344, 1345, AND 1346. PROVIDING FOR SEPARABILITY, PROVIDING FOR THEIR APPEAL OF LAWS IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 13-22, AND ORDINANCE TO THE TOWN COUNCILOR TOWN JUPITER, FLORIDA, CREATING A LARGE SCALE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE RIVER PLAZA PLANNED UNIT DEVELOPMENT, LOCATED IN 4.7 ACRES, AT 900 SOUTH US HIGHWAY 1, AND PROVIDING FOR AN EFFECTIVE DATE. >> CAN I HAVE A MOTION? >> SOMEONE HAS AMENDED. >> SECOND. >> MOTION IN A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. >> [OVERLAPPING] AYE. >> MOTION CARRIES UNANIMOUSLY. ON RESOLUTION 923, [5. Resolution 9-23] WHICH IS APPROVING A CONTRACT AWARD FOR PROFESSIONAL ENGINEERING SERVICES. I DON'T NEED A PRESENTATION. I JUST WANT TO STATE FOR THE RECORD THAT I'M NOT IN SUPPORTIVE OF THAT ITEM. THERE WAS ONE BIDDER. IT'S FOR A LUMP SUM CONTRACT OF $2.3 MILLION. DURING THE BUDGET PROCESS, FIRST READING, I WAS CLEAR THAT I WAS UNCOMFORTABLE WITH THE AMOUNT OF SPENDING BY THE WATER UTILITY. I DID SUPPORT THE DEEP WELL INJECTION PROJECT, BUT BELIEVED IT WAS PREMATURE TO PUT ALL THE FUNDING IN THE PROJECT. SECOND READING AGAIN, I FELT COMFORTABLE WITH PROCEEDING WITH DOING THE PRELIMINARY ENGINEERING FOR PERMITTING, BUT NOT FOR THE ENTIRE CONTRACT. WITH THAT, I JUST WANTED TO STATE THE REASON WHY I WON'T BE SUPPORTING THAT ONE TONIGHT. TURNING OVER THE COUNCIL. COUNCIL, FOR A REACTION OR COMMENT? >> MOTION TO APPROVE RESOLUTION 9-23? >> SECOND. >> MOTION IN A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. >> [OVERLAPPING] AYE. >> THE MOTION CARRIES FOR TO ONE WITH MAYOR KURETSKI DISSENTING. MOVING ON TO THE REGULAR AGENDA. [9. Jupiter River Estates Special Assessment] ITEM NUMBER 9, JUPITER RIVER ESTATE SPECIAL ASSESSMENT, WHICH WE HAVE FOUR DIFFERENT RESOLUTIONS. I TURN IT OVER TO STAFF. >> OKAY. [BACKGROUND] >> GOOD EVENING. I'M DAWN CLARK, ASSISTANT FINANCE DIRECTOR FOR THE TOWN OF JUPITER'S. I'M HERE TO PRESENT INFORMATION ON THE JUPITER RIVER ESTATES CANAL VEGETATION TRIMMING, MAINTENANCE, NON-AD VALOREM ASSESSMENT. FOLLOWING A PETITION RECEIVED FROM THE RESIDENTS OF JUPITER RIVER STATES THAT BORDER THE JOHNS CREEK CANALS SEVERAL YEARS AGO REGARDING ADDRESSING ELEVATED BACTERIA LEVELS IN THEIR CANALS. THE STAFF HAS RESPONDED WITH THE RECOMMENDATION TO TRIM THOSE CANALS TO ALLOW SUNLIGHT TO PENETRATE INTO THE WATER AND REDUCE THE BACTERIA LEVELS. RELATIVE TO THESE PRIVATELY OWNED CANALS, THIS PROJECT IS ESSENTIAL TO IMPROVE THE WATER QUALITY WITHIN THE JONES CREEK AND WITHIN THESE SPECIFIC CANALS OF THE BENEFITED PROPERTY OWNERS. THE INITIAL TRIMMING COSTS WAS BUDGETED IN FY2022, AND FUNDED FROM THE STORMWATER UTILITY. AGAIN, AS FOLLOWING THE PETITION BY BENEFITING PROPERTY OWNERS, EXPRESSING A DESIRE TO IMPROVE THE WATER QUALITY WITHIN THOSE CANALS. ONCE THE INITIAL TRIMMING IS COMPLETED, THE OWNERS HAVE EXPRESSED A WILLINGNESS TO FUND THE RECURRING COSTS IN SUPPORT OF THE TOWN'S INITIAL INVESTMENT IN TRIMMING THOSE CANALS. THE CANAL VEGETATIVE TRIMMING PROCESS WOULD OCCUR EVERY TWO YEARS WITH AN ANNUAL ASSESSMENT ON THE 187 BENEFITED [00:30:02] PROPERTY OWNERS OCCURRING OVER A 10-YEAR PERIOD BASED ON THE CANAL LINEAR FRONT FOOTAGE OF THOSE PROPERTY OWNERS. THE ESTIMATED YEAR 1 TRIMMING MAINTENANCE COSTS OF THE ONGOING MAINTENANCE IS PROJECTED AT $89,000. YOU'LL NOTICE THE DISCREPANCY BETWEEN THE ASSESSMENT TABLE AND THE FIRST YEAR THAT THE FIRST BULLET SHOWING 88,000 COMPARED TO THE 89,000. THIS WAS DUE TO A REFINEMENT OF THE ASSESSMENT. LINEAR FOOTAGE OF THOSE CANALS, IT INCREASED SLIGHTLY. THAT YEAR 1 ASSESSMENT COST OF 89,000 INCLUDES 23,000 IN ONETIME ADMINISTRATIVE COSTS FOR ADVERTISING, LEGAL FEES, SURVEY FEES, AND THE CERTIFICATION OF THE INITIAL ASSESSMENT, AS WELL AS A $5,000 CONTINGENCY. YEAR 2 THOSE MAINTENANCE COSTS WOULD DECREASE BASED ON THOSE ONETIME UPFRONT COSTS AND ASSUMES A 5% ANNUAL INCREASE. AS PART OF THE CONTRACT, IT CALLS FOR ANNUAL CPI-U ADJUSTMENTS TO THOSE ANNUAL MAINTENANCE COSTS NOT TO EXCEED 5% ANNUALLY. THE ASSESSMENT TABLE ASSUMES A 5% INCREASE EVERY YEAR AND SHOWS THE AVERAGE COST PER RESIDENTS, STARTING IN YEAR 1 AT $477 AND ENDING IN YEAR 10 AT 538. THEN FOR THE TYPICAL RESIDENT COSTS STARTING AT $406 AND ENDING AT 458. THE NON-AD VALOREM ASSESSMENT PROCESS IS SPECIFICALLY DEFINED IN STATE STATUTE WITH A VERY STRONG FOCUS ON PUBLIC NOTICE, AND ALLOWING RESIDENTS AN OPPORTUNITY TO SPEAK REGARDING THE ASSESSMENT. SO AS WE GO THROUGH THE STEPS OF THE PROCESS, YOU'LL NOTICE A VERY STRONG FOCUS ON THAT NOTICE. PRECEDING THIS PUBLIC HEARING, WE PUBLISH NOTIFICATION FOR FOUR WEEKS IN A ROW OF THIS PUBLIC HEARING, PROVIDING NOTICE OF TOWN COUNCILS INTENT TO USE THE UNIFORM METHOD OF COLLECTION FOR THE PROPOSED NON-AD VALOREM ASSESSMENT. IN ADDITION TO THE PUBLIC HEARING, THE STAFF IS ALSO PRESENTING THREE AGREEMENTS WITH THE PALM BEACH COUNTY PROPERTY APPRAISER, PALM BEACH COUNTY TAX COLLECTOR. PALM BEACH COUNTY INFORMATION TECHNOLOGY SERVICES DEPARTMENT, TO FACILITATE THE COLLECTION OF THE UNIFORM METHOD OF COLLECTION. GOING FORWARD, A RESOLUTION WILL BE BROUGHT FORWARD TO COUNCIL TO DECLARE THE NON-AD VALOREM ASSESSMENT, WHICH PROVIDES THE SPECIFIC DETAILS OF THE ASSESSMENT, THE NATURE OF THE ASSESSMENT, AND THE DETAILS OF EACH IMPACTED PROPERTY INCLUDING THEIR LINEAR FEET AND THE ASSESSMENT AMOUNT. FOLLOWING ADOPTION OF THAT RESOLUTION, IT WOULD BE PUBLISHED FOR TWO WEEKS IN A ROW. SUBSEQUENT TO THAT, A WRITTEN NOTICE WOULD BE MAILED TO EACH PROPERTY OWNER WITH THE SPECIFICS IMPACTING THEIR PROPERTY, INCLUDING THE LINEAR FOOTAGE AND THE ANNUAL ASSESSMENT AMOUNT. FOLLOWING THAT, ANOTHER NOTICE WOULD BE PUBLISHED FOR TWO WEEKS, BUT BEGINNING 30 DAYS PRIOR TO THE PUBLIC HEARING TO ADOPT AND CERTIFY THE FINAL ASSESSMENT ROLE. ASSUMING COUNCIL APPROVES THE ADOPTION AND CERTIFICATION OF THAT FINAL ASSESSMENT ROLE, THE CONTRACT WOULD SIMULTANEOUSLY BE BROUGHT FOR COUNCIL'S APPROVAL FOR THE INITIAL AND ONGOING VEGETATIVE TRIMMING MAINTENANCE. THAT BASICALLY DOCUMENTS THE FORMAL STEPS REQUIRED BY STATUTE OF THE TOWN COUNCIL. SUBSEQUENT TO THAT, IT WOULD BE UP TO STAFF TO WORK WITH PALM BEACH COUNTY, THE PROPERTY APPRAISERS OFFICE IN THEIR INFORMATION TECHNOLOGY DEPARTMENT, TO HAVE THE ASSESSMENT PLACED ON THE TRIM NOTICE TO THE RESIDENTS, AND SUBSEQUENTLY WITH THE PALM BEACH COUNTY PROPERTY APPRAISER TO HAVE IT PLACED ON THE 2023 TAX BILL. AT THIS TIME, STAFF SEEKS APPROVAL OF RESOLUTION 2023, WHICH DECLARES THE TOWN COUNCILS INTENT TO USE THE UNIFORM METHOD OF COLLECTION FOR THE PROPOSED ASSESSMENT, AND AT THE SAME TIME, RESOLUTIONS 11-23, 26-23, 27-23, FOR THE APPROVAL OF THE AGREEMENTS WITH THE PALM BEACH COUNTY PROPERTY APPRAISER, PALM BEACH COUNTY TAX COLLECTOR, AND PALM BEACH COUNTY FOR INFORMATION TECHNOLOGY SERVICES. DOES COUNCIL HAVE ANY QUESTIONS? >> COUNCIL ANY QUESTIONS? >> NO. [00:35:02] >> ANY COMMENTS FROM THE PUBLIC? >> YES. FIRST, WE HAVE ALAIN BERNAY AFTER ALAIN, IT'S GOING TO BRAYDEN WERTZ. >> ALAIN BERNAY, 224 COLONY WAY, WEST SIDE. I'VE LIVED ON THE JOHNS CREEK FOR 25 YEARS, SO I'VE SEEN THE DEMISE COMING. IT USED TO BE A REALLY BEAUTIFUL CREEK AND NOW I WOULDN'T EVEN LET MY GRANDCHILDREN OR MY DOG NEAR THE WATER. I CAN'T KAYAK. THERE'S A SIGN BY THE BRIDGE THAT IT'S TOXIC AND THAT'S BEHIND MY HOUSE IS JUST SAD. I'M ALL FOR IT. THERE'S SOMETHING I THAT I DON'T UNDERSTAND AND THAT'S, IT SEEMS LIKE IT'S CLUMPED TOGETHER THAT THE CLEARING HAPPEN, AND THEN THE FUTURE MAINTENANCE, AND IT SEEMS LIKE THE FUTURE MAINTENANCE ISSUE IS HOLDING IT UP. I'M NOT SURE, BUT THAT'S WHAT IT SEEMS LIKE TO ME. IT SEEMS LIKE THEY SHOULD BE TWO SEPARATE THINGS THAT WE FORGE AHEAD WITH THE CLEARING SO WE CAN GET THE CREEK CLEARED UP. MY PROPERTY VALUE HAS REALLY GONE DOWN FROM THIS TWO. THEN TALK ABOUT THE MAINTENANCE. THAT'S, I THINK ALL I HAD TO SAY THAT I HOPE THAT THEY DO IT AS QUICK AS POSSIBLE BECAUSE IT'S HORRIBLE, DISGUSTING, AND SMELLY. >> BRANDON. AFTER BRANDON, IT'S STEVEN DODSON. STEVEN DODSON, AND THEN AFTER STEVEN IS GOING TO BE HEATH WINTZ. >> HELLO TOWN COUNCIL, STEVE DODSON 1110 SUE STREET. I'VE LIVED ALONG THE CREEK NOW FOR 20 PLUS YEARS. I KNOW A LOT OF YOUR FACES. I'VE MET YOU THROUGH VARIOUS TIMES HERE AT THE TOWN COUNCIL. NEWSPAPER ARTICLES HAVE BEEN WRITTEN. OF COURSE, I'M IN FAVOR OF THIS. WE'VE COME SUCH A LONG WAY. IF YOU KNOW THE HISTORY OF JOHNS CREEK, IF YOU KNOW THE HISTORY OF JUPITER RIVER ESTATES, YOU KNOW IT CAN BE LIKE HERDING CATS BACK THERE. WE HAVE OVER 60% OF THE HOMEOWNERS SIGNING OFF ON SAYING, WE WANT THIS TO GO FORWARD. WE NEED YOU GUYS' HELP. THE CREEK, AS MY OTHER NEIGHBOR JUST DESCRIBED, IT'S OVERGROWN. THERE'S HIGH BACTERIA COUNTS. YOU LOOK AROUND AT ALL THE PICTURES IN FRONT OF THE TOWN COUNCIL ON THE DESK, IT'S BEAUTIFUL WATERS, WILDLIFE THINGS ALONG THOSE LINES. THAT'S WHAT WE WANT TO RETURN IT TO AND WE REALLY DO NEED YOUR HELP. IT'S NOT GOING TO HAPPEN ANY OTHER WAY. EVERYBODY HAS THROWN OUT VARIOUS THINGS ABOUT, IT'S THE TOWN'S RESPONSIBILITY, IT'S THIS PERSON'S RESPONSIBILITY, IT'S ALL OUR RESPONSIBILITIES. WE LOVE THE CREEK, IT IS A GEM BACK THERE. IT NEEDS TO BE MAINTAINED, I JUST ASK FOR YOUR SUPPORT, PLEASE. THANK YOU. >> HEATH WINTZ, AND AFTER HEATH IS ERIC ELLISON. >> COUNCIL MEMBERS, THANK YOU. I'VE BEEN WORKING WITH OUR NEIGHBORHOOD, JUPITER RIVER ESTATES AND THE COLONY OF MAPLE ISLE FOR PROBABLY FOUR OR FIVE YEARS NOW. I'VE LIVED ON SUE STREET FOR ABOUT SIX YEARS. IT WAS AN UNFORTUNATE EVENT THAT LED TO OUR BECOMING AWARE OF THE ELEVATED BACTERIA LEVELS IN THE CREEK. WE REALLY APPRECIATE THE COUNCIL'S SUPPORT, AND BEING ABLE TO UNDERTAKE THIS SIGNIFICANT VEGETATIVE TRIMMING. THE CREEK NEEDS SUNLIGHT. THE ELEVATED BACTERIA LEVELS ARE NOW SOMETHING THAT WE CAN ADDRESS INDEPENDENTLY AS HOMEOWNERS BY EACH TAKING CARE OF THEIR SHORELINE TO THE CENTRAL LINE OF THE CREEK. UNFORTUNATELY, MANY OF MY NEIGHBORS HAVE LIVED THERE A LONG TIME AND ARE NOT IN GOOD ENOUGH PHYSICAL HEALTH TO BE ABLE TO TAKE ON THIS ACTIVITY. I APPRECIATE THE SUPPORT OF THE COUNCIL. THIS IS ALSO A INTRODUCTORY CIVICS LESSON FOR MY SON, BRAYDEN, WHO HAS HELPED US OUT THERE WITH A NUMBER OF THESE CLEANUPS. HE LOOKS FORWARD TO THE TIME WHERE HE'S ABLE TO CONTINUE KAYAKING OR TAKING THE BOAT DOWN TO HIS GRANDFATHERS PLACE IN FISHERMAN'S LANDING. IT'S BEEN LIKE HERDING CATS AS STEVE DESCRIBED. I WANTED TO THANK DAVID BROWN, DAVID ROTAR, UTILITIES, [00:40:02] FOR HELPING US FIGURE OUT A WAY TO NAVIGATE THIS PROCESS WHERE THE COUNCIL IN TOWN COULD HELP US FUND THIS INITIAL TRIM. WHICH AFTER LOOKING AT THE SPREAD ON THAT, THE MAINTENANCE IS DEFINITELY TAKING ON THE LONG-TERM MAINTENANCE OF IT IS A BIG RESPONSIBILITY FOR US, BUT THERE'S REALLY NO OTHER WAY TO DO IT. WE CAN'T MANAGE A WATERSHED LIKE THIS PIECEMEAL. IT'S NOT TO SAY THAT A VEGETATIVE TRIMMING IS GOING TO BE THE SILVER BULLET TO FIX THE WATER QUALITY PROBLEMS. BUT OPENING UP THE CANOPY AND GETTING SOME NATURAL SUNLIGHT WILL GREATLY HELP TO REDUCE SOME OF THOSE BACTERIA LEVELS. I APPRECIATE YOUR TIME AND I APPRECIATE YOUR SUPPORT. THANK YOU. >> ERIC ALLISON. >> HI, COUNCIL. I'LL TRY TO KEEP MINE FAIRLY SHORT. MY FAMILY MOVED HERE IN 1968 TO JUPITER. WE'VE BEEN HERE, I CAN'T EVEN ADD IT ANYMORE, OVER 50 YEARS. I'VE LIVED ON JONES CREEK FOR 18 YEARS. BELIEVE IT OR NOT, I BOUGHT MY HOUSE ON JONES CREEK WHEN THEY WERE TRIMMING THE MANGROVES AND THEY WERE DREDGING. THEY ACTUALLY DREDGED AND TRIMMED. BECAUSE I REMEMBER IT WAS RIGHT AFTER THE 2005 HURRICANE. ANYWAY, AND MY KIDS USED TO GO DOWN TO THE DOCK AND DIP NET HUNDREDS OF DIFFERENT KINDS OF MINNOWS. NOW, THERE ARE STILL MINNOWS. NOWHERE, ANYWHERE NEAR AS WHAT IT USED TO BE. I THINK THAT WE NEED TO CLEAN THIS CREEK UP AND THE TRIMMING AND THE DREDGING WILL DO IT. I'LL ALSO MENTION THAT MY FATHER WAS A VERY GOOD FRIEND OF CARLIN WHITE, EX MAYOR OF JUPITER. I THINK HE DIED A FEW YEARS AGO, 106 YEARS OLD. I WAS TALKING TO CARLIN ONE DAY AND HE TOLD ME THAT JONES CREEK AND PEOPLE THAT KNOW THEY'LL LIVE ON THE CREEK. YOU EVER SEE THE FISH THAT MAKE THE CIRCLE HOLES TO PLAY THE REG? JONES CREEK USED TO BE SOLID BEACH SAND BOTTOM. THERE WAS A WHITE SAND, JUST LIKE THE BEACH, WHEN CARLIN WAS A KID. HE SAID THEY USED TO GO OVER THERE AND PLAY. HE ALSO TOLD ME THAT BACK, THE INDIANS, THE ORIGINAL PEOPLE THAT WERE HERE IN JUPITER, USED TO LIVE AT THE END OF THAT CREEK. THE REASON WHY IS BECAUSE THE WATER WAS FRESH, JUST LIKE UP AT THAT KITCHEN, WATER WAS CALLED UP THERE IN JONATHAN DICKINSON STATE PARK. THE REASON WHY THEY STARTED A HOMESTEAD IT UP THERE IN THE BEGINNING WAS BECAUSE THE WATER WAS FRESH. ANYWAY, IT'S GOT HISTORICAL VALUE AND REALLY NEEDS TO BE CLEANED UP. THAT'S MY TWO CENTS. I'M ALL FOR IT. THANKS. BY THE WAY, I LIVE IN THE COLONY AND I HAVE 11 NEIGHBORS THAT LIVE ON THE COLONY. SOME OF THEM COULDN'T MAKE IT HERE TONIGHT, BUT EVERY ONE OF THEM IS FOR THIS. >> THAT WAS IT. >> THAT'S IT. CAN THE STAFF COME BACK TO THE PODIUM. JUST TO ADDRESS FOR THE PUBLIC, PARTICULARLY MEMBERS THAT CAME OUT ON THIS PARTICULAR ITEM. I JUST WANTED TO MAKE SURE WE GET FACTS ON THE RECORDS SO THEY KNOW. THIS IS A BUDGETED PROJECT. THE FUNDS ARE AVAILABLE THIS YEAR TO DO. [OVERLAPPING] >> THE INITIAL TRIMMING. THAT'S CORRECT. >> OKAY. DOES THE TOWN HAVE ANY SUPPORT ON THAT FUNDING OR THE TOWN IS DOING IT ENTIRELY OURSELVES, I BELIEVE? >> IT'S 100 PERCENT INTERNAL TO THE TOWN. THE STORMWATER FUND IS FUNDING THAT. >> IF YOU'D WAIT THERE, I JUST WANTED TO SHARE WITH THE PUBLIC THAT I APPRECIATE, WE ARE ALL EXCITED FOR THIS TO GO FORWARD. JUST A FEW YEARS AGO, THE LOCK STATUE RIVER DISTRICT WOULD HAVE PARTNERED WITH US 50/50. WE WOULD HAVE GOTTEN SOME GRANT FROM THE STATE. MUNICIPAL PROJECT WAS INITIALLY PUT IN THE PLAN. THAT WAS THE WAY THAT WE WERE HOPING TO GET IT ACCOMPLISHED. THE COUNCIL STEPPED UP, WE RECOGNIZED WE NEED TO FULLY FUND IT, BUT FELT THAT THIS IS THE WAY WE NEEDED TO GO. IT WAS INTERESTING BECAUSE I ALMOST WASN'T GOING TO SAY WHEN I HEARD EVERYBODY 20,25 YEARS. I APPRECIATE THE 18 YEAR RESIDENT ON THE RIVER EXPLAINING THAT IT, BECAUSE I HAD ALWAYS HEARD IT WAS DONE SOME YEARS AGO. YOU GIVE ME A TIMELINE TO KNOW. BUT THEN IT WASN'T MAINTAINED. WE HAD ALWAYS HEARD THAT. WE WANTED TO MAKE SURE IF WE'RE GOING TO INVEST THAT IT WOULD BE MAINTAINED. THIS ACTION WE TAKE TONIGHT WITH THE SUPPORT OF THE RESIDENTS, ENABLES US TO PROCEED AND HANDLE THAT. I JUST WANT TO COMMEND STAFF FOR THE PRESENTATION, IT WAS VERY WELL DONE. >> THANK YOU. [00:45:01] >>WITH THAT, IS ANYBODY ON [OVERLAPPING] >> SEVERAL OR MANY YEARS AGO, MR. DOBSON, SENT ME AN EMAIL INVITING ME TO COME TO HIS HOUSE AND TAKE A RIDE IN HIS BOAT. I OBLIGED AND WE WENT TO HIS HOUSE, GOT TO KNOW EACH OTHER, HAD A DRINK OF WATER, WENT DOWN TO THE BOAT. YOU'RE LITERALLY PROBABLY HAVEN'T BEEN THERE. I'M SURE SOME OF YOU HAVE. YOU HAD TO GRAB TREE LIMBS AND PULL THE BOAT UNDER JUST THE CANOPY OF OVERGROWN VARIETY OF TREES AND VEGETATION. THE WATER IS BLACK, IT'S LIKE COFFEE OR CHOCOLATE MILK AND THERE'S NOTHING IN THERE. WHAT I'M TRYING TO SAY IS THAT THIS HAS BEEN A HEAVY LIFT. IT'S BEEN A LONG TIME COMING. IT'S BEEN ABOUT THREE, FOUR YEARS NOW SINCE WE ALL STARTED THIS UP. I APPRECIATE YOUR WORK OF TRYING TO HOLD THE NEIGHBORHOOD TOGETHER AND GET A SPECIAL TAX, THEN GO IN HERE. WE THOUGHT WE WOULD HAVE SOME MORE FUNDING GOING INTO THIS, BUT WE DON'T, SO WE'RE GOING TO FUND TO KICK IT OFF. LIKE THE MAYOR SAYS, IT'S VERY IMPORTANT FOR YOU GUYS TO KEEP UP YOUR END OF THE BARGAIN THIS TIME AROUND AND KEEP UP WITH THE TAX ASSESSMENTS. LET'S CLEAN UP THAT WATERWAY. BUT I APPRECIATE ALL THE HARD WORK YOU'VE ALL PUT INTO IT. THANK YOU. >> WELL, I'M VERY GLAD THAT WE'RE NOW GETTING AROUND TO THIS PROJECT TO CLEAN UP THIS AREA BECAUSE IT HAS BEEN AN ISSUE FOR A VERY LONG TIME. THANK YOU, EVERYBODY WHO'S WORKED VERY HARD TO PULL THIS TOGETHER. I'M VERY EXCITED TO SEE THIS DONE. >> I WANT TO SAY QUICKLY, I KNOW THIS IS AN IMPORTANT PROJECT FOR COUNCIL MAY, BUT TO SEE THIS NEIGHBORHOOD COME TOGETHER THE WAY IT DID, TO ORGANIZE THE WAY IT DID, THE WORK, THE SUSTAINED EFFORT OVER MANY YEARS IS REALLY A WONDERFUL THING TO SEE. I'M GRATEFUL FOR ALL THAT YOU'VE DONE AND I'M REALLY GLAD TO SUPPORT THIS PROJECT. THANK YOU. >> YEAH, I JUST WANT TO FIRST START OFF BY THANKING, HEATH. I DON'T KNOW HOW MANY HOURS YOU PROBABLY PUT IN, WALKING AND GETTING PETITIONS WITH YOUR NEIGHBORS. THANK YOU FOR ALL YOUR EFFORT AND GETTING THIS DONE. AS SOMEONE WHO GREW UP ACTUALLY BEING ABLE TO SWIM IN THIS CREEK 25 YEARS AGO, IT WAS VERY CLEAR. YOU COULD ADD MANATEES BACK THERE. ALL SORTS OF GREAT WILDLIFE. THANK YOU FOR MAKING THE EFFORT TO GET THIS DONE. THANK YOU TO STAFF FOR ALL YOUR EFFORT AND BRINGING EVERYTHING FORWARD, FROM FINANCIALS AND ALL THE DIFFERENT CONTRACT AWARDS AND THINGS LIKE THAT. I REALLY APPRECIATE IT AND I'M GLAD TO SEE THIS FINALLY COME TO FRUITION. >> ATTORNEY, CAN WE DO ONE MOTION FOR THE FOUR RESOLUTIONS OR WE NEED TO DO INDIVIDUALLY? >> FOUR. >> OKAY. CAN I HAVE A MOTION AND A SECOND ON THE RESOLUTION 10-23? >> MOTION. >> SECOND. >> MOTION AND SECOND. ALL IN FAVOR SIGNIFY BY SAYING, AYE. >> AYE. >> AYE. MOTION CARRIES UNANIMOUSLY. RESOLUTION 11-23, APPROVING THE AGREEMENT WITH PALM BEACH COUNTY PROPERTY APPRAISER. >> MOTION TO APPROVE. >> SECOND. >> MOTION AND SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. >> MOTION CARRIES UNANIMOUSLY. RESOLUTION 26-23, APPROVING A LOCAL AGREEMENT WITH PALM BEACH COUNTY TAX COLLECTOR. >> MOTION TO APPROVE. >> SECOND. >> MOTION AND A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. >> MOTION CARRIES UNANIMOUSLY. LASTLY, RESOLUTION 27-23, AN INNER LOCAL AGREEMENT WITH PALM BEACH COUNTY TO FACILITATE THE USE OF UNIFORM METHOD OF NON AD-VALOREM TAX ASSESSMENT. >> MOTION TO APPROVE. >> SECOND. >> MOTION AND A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. >> MOTION CARRIES UNANIMOUSLY. THANK YOU. [APPLAUSE] GIVE ME A MINUTE TO FILE OUT HERE. [BACKGROUND] OKAY. WE HAVE BEFORE US NEXT ITEM ON THE AGENDA IS RESOLUTION 823, [10. Resolution. 8-23, Mallory Creek at Abacoa] MALLORY CREEK AND ABACOA. THIS ITEM IS A QUASI-JUDICIAL HEARING. COUNCIL, DOES ANYONE HAVE ANY EXPERTISE DISCLOSURES? >> YES. I'VE HAD SEVERAL CORRESPONDENCES WITH THE CHECKOUT AND TRACY FINER REGARDING THE ISSUES SURROUNDING THE NEIGHBORHOOD [00:50:02] AND THE IMPACTS OF THE PROPOSAL ON THE AREA. >> I HAD A NUMBER OF CONVERSATIONS DATING BACK PERHAPS A YEAR WITH DAVE BURR, REGARDING THE HISTORY OF THIS PROJECT, THE PLANNING AND ZONING MEETING AND I'VE MET WITH STAFF AS WELL. >> I'VE RECEIVED SEVERAL EMAILS FROM THE RESIDENTS IN THE AREA. >> REMAINING WITH SOME OF THE PLANNING AND ZONING STAFF, TOWN MANAGER, VARIOUS EMAILS FROM RESIDENTS AND EMAIL FROM MBA. >> YOUR INITIALS IS REQUIRED TO JUDICIALIZE CERTAINLY AS LIKE EVERYBODY ELSE, DID RECEIVE NUMEROUS EMAILS AND VARIOUS RESIDENTS DID APPROACH ME, GIVEN ME THEIR THOUGHTS ON THIS ITEM. MY DAUGHTER IS ALSO A RESIDENT OF MALLORY CREEK AND SHE HAD MY SON-IN-LAW MADE SURE THAT I SAW SOME OPEN SPACE TRACKER. IT LOOKS LIKE WE SAID, THIS IS A QUASI-JUDICIAL HEARING. ANYBODY THAT IS GOING TO GIVE TESTIMONY, STAFF AND THE APPLICANT, IF YOU'D PLEASE STAND AND BE SWORN IN. >> DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IN THIS HEARING IS THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? >> YES. >> WITH THAT, I TURN IT OVER TO THE APPLICANT AND YOU KNOW THE DRILL. >> MR. MAYOR, BEEN A LONG TIME SINCE I'VE BEEN HERE, AND YOU'LL HAVE TO EXCUSE MY VOICE TONIGHT [NOISE] BECAUSE I HAVE SEVERE ALLERGIES FROM THE POLLEN THAT WE'RE EXPERIENCING HERE IN THE TOWN OF JUPITER AS WELL AS OUT WESTERN. MY NAME IS GEORGE GENTEEL, AS MOST OF YOU KNOW, I REPRESENT THE MALLORY CREEK HLA IN THIS APPLICATION WHICH WAS STARTED BACK ABOUT 2000, I THINK IT WAS 2019. WE'RE HERE TONIGHT TO GO OVER A SITE PLAN AMENDMENT, WHICH IS BEING REQUESTED BY THE HOA, AND I'LL GO OVER THAT AS WE SPEAK RIGHT NOW. A SITE AMENDMENT IS TO TRANSFER THE HOA OWNED LAND TO 14 SINGLE-FAMILY HOMEOWNERS. THE SUBJECT REQUEST EXPANDS THE AREAS OF 14 YEARS AND LOTS WHICH ARE LOCATED ON THE WEST SIDE OF THE WYMBERLY DRIVE BETWEEN ISLAMORADA AND SUNSHINE DRIVE IN THE MALLORY CREEK DEVELOPMENT. THIS IS SPIT OF LAND WHICH I'M GOING TO SHOW YOU RIGHT NOW. THIS IS THE ACTUAL LOCATION. ISLAMORADA DRIVE IS AT THE TOP END OF THE LOTS IDENTIFIED, AND SUNSHINE IS AT THE SOUTH END. HERE'S A LITTLE BIT BETTER VIEW OF THAT. THIS IS A PROPERTY IS UNIQUE. IT BACKS UP TO A ONE OF THE APPLICABLE PRESERVE AREAS, WHICH ALREADY HAS A PATH, AND I WILL SHOW YOU IN A FEW MINUTES, AND THEN THERE'S A OPEN SPACE AREA THAT WAS LEFTOVER FROM THE ORIGINAL DEVELOPMENT. IT'S NOT CONSIDERED A COMMON USE AREA BECAUSE IT DOESN'T MEET THE TOWN'S CODE DEFINITION OF COMMUNISTS, WHICH IS A MINIMUM OF 50 FEET WIDE. IT GOES FROM 6-40 FEET WIDE IN THAT AREA. NEVER HAD SIDEWALKS OR ANY KIND OF PATHWAY, AND IT HAD SOME RESTRICTED USES TO GET INTO IT. SOME OF THE EXISTING CONDITIONS AS IN 2007, THERE WERE SOME FENCES THAT WERE PUT UP BY THE HOMEOWNER OR SOME ARE BROUGHT IN FOR PERMITTING AND SOME MORE WERE REQUESTED AND SOME ARE JUST PUT UP. THIS IS THE LOCATION OF THE BACK AREA OF THOSE PROPERTIES, AND THE LARGE PROPERTY TO MY LEFT ON THE SCREEN IS ONE OF THE POCKET PARKS THAT PROVIDES ACCESS THROUGH THE NEIGHBORHOOD OUT TO THE GREENWAY PRESERVE, WHICH IS MANAGED AND OWNED BY THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT. THE SUBJECT AREA, AS YOU CAN SEE THE ARROWS RIGHT HERE. AGAIN, THE HLA [NOISE] HAS BEEN MAINTAINING THIS AREA AND ENSURING THAT WITH REALLY NO ACCESSIBILITY TO IT FOR EITHER EITHER SIDE TO THE NORTH OR SOUTH, AND SOME OF THE PROPERTIES ARE BETWEEN TWO FENCE ARIES, THE FENCE ON THE WATT AND THE FENCE OF THE GREENWAY AREA. YOU CAN SEE SOME OF THE EXISTING FENCES IN THERE. [00:55:03] THIS IS THE SITE PLAN WAS BEING PROPOSED. IT WOULD CONVEY THE AREA THAT YOU CAN SEE IN THIS LOCATION TO THE 14 LOT OWNERS AND THAT PROPERTY WOULD BE REPLOTTED AND PROVIDED THEM AND TAKEN OUT OF THE REQUIREMENTS OF THE PROPERTY OWNERS ASSOCIATION. THE PROPERTY OWNER ASSOCIATION DID APPROVE DOING THIS. THE ABACOA DRI APPROVED HAVING THIS DONE. THE NORTHERN PALM BEACH IMPROVEMENT DISTRICT ALSO SENT A LETTER SAYING THEY HAD NO OBJECTION TO IT BEING DONE. THIS WAS A TYPICAL IF I CAN SAY BUZZ DIVOSTA DOING EVERYTHING IN A STANDARD FORMAT AND THEN ALLOWING FOR JUST OPEN AREA FOR PROPERTY THAT WAS EXCESS. THE MALLORY CREEK AREA, WHICH I THINK YOU ALL ARE FAMILIAR WITH IS LOCATED WEST OF CENTRAL SOUTH DAKOTA. ABACOA DRI WAS ORIGINALLY APPROVED IN 1995, AND MALLORY CREEK RESIDENTIAL NEIGHBORHOOD WAS APPROVED IN SEPTEMBER 2005, IS A SUB-DISTRICT MASTER PLAN, AND AGAIN, THIS IS THE PROPOSED SITE PLAN. THE TOTAL SITE AREA OF MALLORY CREEK IS ABOUT 146 ACRES. THE RANGE DESIGNATION IS MIXED USE, ZONING DESIGNATION IS MIXED USE, A NEIGHBORHOOD DISTRICT, AND THE TOTAL UNITS IS 711. THE AREA THAT WOULD BE PROVIDED. IF YOU APPROVE THAT TODAY, WOULD BE 0.4 PLUS ACRES LAND IN THAT AREA. [NOISE] THE INTERESTING THING IS THAT AGAIN, THIS PROPERTY IS OPEN AREA. IT'S REALLY GRASPED AND LANDSCAPED. THE TOTAL AREA, AS I SAID IS 0.45 ACRES. THE PROJECT INCREASES THE COMMON AREA BY 448 SQUARE FEET. STAFF NOTES THAT THE OPEN SPACE DOES NOT IMPACT TOWN REQUIREMENTS AS APPLICABLE PROVIDED ALL OF THE OPEN SPACE FOR THE PROJECT IN THE DRI IN BOTH THE 60 ACRE CORNER OF MILITARY TRAIL AND DONALD ROSS ROAD, AS WELL AS THE GREENWAY THAT GOES THROUGH THE ENTIRE ADVOCATE DEVELOPMENT, AND AS I SAID EARLIER, THIS WAS NOT A COMMON USE AREA BECAUSE IT DOESN'T MEET THE CODE PROVISION OF MINIMUM 50 FOOT WIDE. THE HOA HAS RECEIVED LETTERS AND NO OBJECTION, AS I SAID, FROM NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT AND WAS APPROVED BY HOA FROM APOA. AGAIN, THERE'S ALSO AN EXISTING PATH THAT IS LOCATED, AS YOU CAN SEE IN THE NEXT SHOT, THAT GOES BEHIND THE PROPERTIES IN THE GREENWAY AREA AND THEN LITTLE POCKET PARKS THAT YOU SEE WITH THE ACCESS POINTS HERE PROVIDE ALL THE RESONANCE IN THE NEIGHBORHOOD. THE ACCESS TO THE GREENWAY PATHWAY AS WELL AS AGREEMENT ITSELF, AND HERE'S A SHOT OF THE THE EDGE GREENWAY THAT WILL REMAIN IN THE GREENWAY PATHWAY THAT'S IN THERE. I THINK IT'S IMPORTANT THAT THE STAFF HAS INDICATED THAT THIS OPEN SPACE TRACK, WHICH IS OST29, PROPOSED TO BE REDUCED, DOES NOT IMPACT THE POCKET PARK CONNECTIONS TO THE GREENWAY IT ALL, TO THE WESTERN THE NEIGHBORHOOD. THE REDUCTION IN OPEN SPACE DOES NOT IMPACT THE REQUIREMENTS AT THE TOWN CODE. SINCE THERE ARE NO MINIMUM REQUIREMENTS FOR URBAN SPACE, THE OPEN SPACE WAS NOT ORIGINALLY DESIGNED TO INCLUDE AN IMPROVED PUBLIC ACCESS PATHWAY AS WAS REQUIRED. ON THE NEIGHBORHOODS EAST SIDE OPEN SPACE TRACT AND THE OPEN SPACE TRACT IS SANDWICHED BETWEEN THE GREENWAY PRESERVED. THE SINGLE-FAMILY LOTS OF OPEN SPACE IS NO WIDER THAN IT ACTUALLY IS 6 FEET TO ABOUT 40 FEET. IN AVERAGES IT'S ABOUT 13 FEET THROUGH THAT ENTIRE AREA THERE, THE HLA, AGAIN, IS WANTING TO PROVIDE THIS TO THE 14 LOTS. IT WILL TAKE IT OUT OF THEIR REQUIREMENTS FOR MAINTENANCE COSTS. THE ENTIRE NEIGHBORHOOD WILL BENEFIT BY NOT HAVING TO CONTRIBUTE TO THE MAINTENANCE COSTS AND THE INSURANCE ASPECTS OF THAT OPEN SPACE, AND MR. MAYOR, I WOULD ASK FOR ANY REBUTTAL TIME THAT I HAVE REMAINING. THANK YOU. [NOISE][BACKGROUND] [01:00:12] >> THANKS. GOOD EVENING FOR THE RECORDS, SCOTT THATCHER WITH THE PLANNING AND ZONING DEPARTMENT. THE RESOLUTION BEFORE YOU TONIGHT IS FOR A SITE PLAN AMENDMENT REQUESTED BY THE MILLER CREEK HOA IN ORDER TO ALLOW FOR RE-PLANNING OF AN OPEN SPACE TRACK IN THE MALLORY CREEK DEVELOPMENT. AS GEORGE MENTIONED, THE APPLICATION WAS ORIGINALLY SUBMITTED IN 2019 AND IS TO ADDRESS ISSUES OF FENCES ENCROACH INTO THE HOA OPEN SPACE LAND. THAT FIRST STARTED OCCURRING IN 2007, WHEN A FENCE WAS INSTALLED ACROSS AN OPEN SPACE TRACK WITHOUT A PERMIT FOR THE PART THAT WAS EXTENDING ACROSS THE OPEN SPACE PERMIT OR CROSS OPEN SPACE. CURRENTLY AN OPEN SPACE TRACK WITH LANGUAGE THAT ENSURES PUBLIC PEDESTRIAN ACCESS. ACCORDING TO THE PLAT, ABUTS 14 LOTS ALONG WYMBERLY DRIVE. A TOTAL OF 11 LOTS HAVE FENCES, AND SEVEN OF THOSE LOTS HAVE FENCES THAT ENCROACH INTO OPEN SPACE TRACT. I WOULD NOTE THAT OF THOSE SEVEN, FOUR OWNERS WERE ISSUED PERMITS TO PLACE THEIR FENCE UP TO THEIR PROPERTY LINE. HOWEVER, OFFENSES WERE CONSTRUCTED ACROSS MALLORY CREAKS OPEN LAND TO THE GREENWAY PRESERVE FENCE. TWO OWNERS WERE ISSUED FENCE PERMITS IN 2013 WITH THE CONDITION THAT THEY PROVIDE A LETTER INDICATING THAT WITHIN SIX MONTHS THEY WOULD GO THROUGH THE REPLOTTING PROCESS AND ACQUIRE THE LAND THROUGH THE REPLOTTING PROCESS. THAT NEVER OCCURRED. ONE OWNER'S PERMIT WAS INITIALLY SIGNED OFF FOR A FENCE PERMIT IN WHICH THE FENCES WERE NOT ALLOWED IN THE HOA OPEN SPACE TRACT AND THERE ARE MARKED OFF THE SURVEY. HOWEVER, A LETTER WAS PROVIDED BY THE HOA APPROVAL LETTER AND PERMIT WAS ISSUED. AS THE APPLICANT MENTIONED ALSO, STAFF REVIEWED THE APPLICANT'S REQUEST AND STATEMENT OF USE, AND WAS SUPPORTIVE THE REQUEST BASED ON THE REQUEST BEING PROVIDED BY THE MAC MILLER CREEK HOA GOVERNING BODY AND ALL 14 ADJACENT HOMEOWNERS WERE SUPPORTIVE OF THE REQUEST. THERE'S NO MINIMUM CODE REQUIREMENTS FOR OPEN SPACE. THE OPEN SPACE TRACT IS SANDWICHED BETWEEN THE GREENWAY PRESERVE FENCE AND SINGLE-FAMILY LOTS OF GRASS PATH AND THE GREENWAY THAT IS DESIGNED FOR ON THE WEST SIDE OF THE FENCE EXIST AND NOT ON THE INFO. IT COULD ACCOMMODATE PEOPLE IF THE EAST SIDE OF THE FENCE IS REMOVED. THE OPEN SPACE TRACK WAS NOT ORIGINALLY DESIGNED TO INCLUDE AN APPROVED PUBLIC PATHWAY. HOWEVER, THAT DOESN'T MEAN THE OPEN SPACE IS NOT IMPORTANT, AND THE OPEN SPACE STILL CAN BE USED AS THE PLOT SAYS, FOR PUBLIC PEDESTRIAN ACCESS. AT THEIR MAY 14, 2019 MEETING, THE PLANNING AND ZONING COMMISSION MADE A MOTION TO APPROVE THE APPLICATION. HOWEVER, THAT MOTION FAILED THREE TO THREE. THE COMMISSION THEN MADE A MOTION TO DENY THE REQUEST. HOWEVER, THAT MOTION FAILED THREE TO THREE. SINCE THE MAJORITY VOTE CANNOT BE REACHED. THE PLANNING ZONING COMMISSION FOR THE APPLICATION TO TOWN COUNCIL WITHOUT A RECOMMENDATION BACK IN 2019. SOME OF THE CONCERNS RAISED BACK THEN WERE ABOUT NOT KNOWING WHAT PERCENTAGE OF THE MALLARD CREEK HOA MEMBERSHIP APPROVED UP THE REQUEST AND SOME COMMISSIONERS WERE NOT SUPPORTIVE OF THE OPEN SPACE LAND BEING SOLD, AND STAFF NOTES THAT LATER IN 2019, AFTER THE BNZ COMMISSION HEARING THE SITE PLAN APPLICATION, DID NOT MOVE FORWARD BECAUSE OF A COURT CASE, FILED ALLEGING THAT THE HOA INCORPORATION WAS IN VIOLATION OF THEIR DECLARATION OF COVENANTS. THAT WAS IN 2019 IN DECEMBER OF 2021, THE COURT CASE WAS DISMISSED. THE TOWN AND 2023 PROVIDE A COURTESY NOTICES TO THE RESIDENTS IN REGARDS TO THE FENCE, INDICATING THAT THESE FENCES NEEDED TO BE REMOVED, AND THIS LETTER WAS JUST CREDIT COURTESY NOTICE. HOWEVER, ONCE THE TOWN FOUND OUT THE CASE WAS APPEALED, THE TOWN DID NOT MOVE FORWARD WITH A FORMAL NOTICE OF VIOLATION. IF THIS REQUEST IS NOT APPROVED, REMOVABLE OFFENSES AND THE OPEN SPACE TRACK WOULD BE THE CORRECTIVE ACTION NEEDED TO TUCKER, AND CONCLUSIONS TO STAFF HAS PROVIDED TWO CONDITIONS OF TOWN COUNCIL SUPPORTIVE OF THE REQUEST. ONE IS IN REGARDS TO LOT 110. THE REQUEST IS TO INCLUDE LAND THAT GOES AROUND THE CORNER [01:05:02] ALONG ISLAMORADA DRIVE AND STAFF IS NOT SUPPORTIVE OF THAT, AND THE PROPERTY YOU WILL NEED TO REPLOTTED. SAPPHIRE CRYSTAL REMAINDER OF THE TIME BE REASONABLE. >> I'LL ASK IF ANYBODY ON THE COUNCIL HAS ANY QUESTIONS TO ASK OF STAFF AND THE APPLICANT. >> QUESTIONS FOR THE APPLICANT. >> WHEN THE ANCIENT WAY, THIS HAS BEEN BUBBLING FOR YEARS, WHEN I FIRST HEARD OF THIS, WHAT, FOUR YEARS AGO OR SO, LOOKS TO ME LIKE A SIMPLE CODE VIOLATION. RIGHT, AND THEN IT SORT OF DISAPPEARED AND CAME BACK AND HERE WE ARE. SO THE THE HOA VOTED IN APPROVAL OF THE REPLANTING OF THE LOTS. HOW MUCH INPUT TO THE AUDIENCE, THE RESONANCE WITH THE WHOLE MALLORY CREEK NEIGHBORHOOD AT WHAT KIND OF INPUT DO THEY HAVE? >> I'M GOING TO HAVE THE HOAS LEGAL COUNSEL TELL YOU HOW THAT PROCESS WAS. I THINK THAT'D BE THE BEST FOR YOU. >> GOOD EVENING. MY NAME IS STEVE BRIGHTON I'M WITH THE LAW FIRM OF ROSENBAUM PLLC AND WHERE CORPORATE COUNSEL FOR MALLORY CREEK HOMEOWNERS ASSOCIATION. THE ACTIONS TAKEN BY THE BOARD OF DIRECTORS AT THE HOMEOWNER'S ASSOCIATION WERE TAKEN AT A DULY NOTICE MEETINGS OF THE BOARD OF DIRECTORS. THE OWNERS WERE PROVIDED NOTICE OF WHAT WAS TAKING PLACE AND HAD THE OPPORTUNITY TO ATTEND THOSE MEETINGS AND COMMENT AT THAT TIME. >> I LIVE IN AN HOA AND WE GET THOSE NUMBERS. THERE'S A LOT OF PEOPLE WITH IT'S FAIRLY LARGE NEIGHBORHOOD. LOT OF PEOPLE MISS THEM AND THEN THEY FIND OUT WHAT HAPPENED AND THEY GET ANGRY BECAUSE I FEEL LIKE PART OF THEIR PUBLIC BENEFIT OF THE PROPERTY LIVE ON IS JUST PRETTY MUCH BEING GIVEN AWAY. I THINK IS A LITTLE OVER THE TOP FOR AN HOA BOARD TO JUST SORT OF ROUND THIS TRUE LIKE THIS BECAUSE I'M GETTING EMAILS FROM A LOT OF RESIDENTS IN THE NEIGHBORHOOD AND THEY ARE VERY UNHAPPY ABOUT THIS AND THEY'RE NOT ON BOARD WITH THIS. I'M UNCOMFORTABLE, IT'S HARD FOR ME TO SIT UP HERE AND SAY, OKAY, THESE SO MANY HOMES CAN JUST TAKE BACK CERTAIN SQUARE FOOTAGE OF LAND BEHIND THEIR HOUSE AND IT'S NOT THERE AS IT BELONGS TO THE WHOLE UNIT, AND WE'RE ALSO SETTING AN AWFUL PRECEDENT WHERE IF WE PASS THIS TONIGHT, YOU MIGHT HAVE HOAS AND PROPERTY. I WAS LINING UP WATCHING THIS TO SEE IF THEY CAN GRAB SOME LAND BEHIND THEIR HOUSE. >> WE NEED TO LIMIT THIS TO QUESTIONS. WE NEED TO LIMIT THIS TO QUESTION AT THIS TIME. >> I NEVER WRITE THAT. THAT'S FINE. THANK YOU COMMISSION >> ONE QUICK QUESTION. FOR THE ATTORNEY. IT'S MY UNDERSTANDING THAT THIS BOARD THAT APPROVED THE TRANSFER OF THE COMMON AREA PROPERTY ALSO INCLUDED ON IT, MEMBERS WHO HAD PROPERTY AT ISSUE? >> THAT IS NOT MY RECOLLECTION. NO, MA'AM. >> WASN'T IT THE CASE THAT SHIT. >> ASK ME THAT QUESTION AGAIN, PLEASE. >> WASN'T THE CASE THAT ONE OF THE MEMBERS ON THE BOARD WHO VOTED TO APPROVE TRANSFERRING THE COMMON AREA PROPERTY TO THE NEUTRAL HOMEOWNERS WAS IN FACT A HOMEOWNER SEEKING THAT LAND? >> I DON'T RECALL IF I MEAN, IT'S FOUR YEARS AGAIN. >> BUT WELL, MAYBE THAT'S I MEAN, I KNOW THAT WAS TAKEN FOUR YEARS AGO. THAT'S ONE ISSUE IN TERMS OF IS IT A FRESH AND I VOTE? >> WELL. >> GO FORWARD. WHAT BUT SECONDLY, I MEAN, I THINK IT'S IMPORTANT TO UNDERSTAND WHETHER THERE WAS A VIOLATION OF 720 IF SOMEBODY HAD A CONFLICT OF INTERESTS WHEN THEY VOTED ON THAT. >> THE DECISION OF THE BOARD WAS DONE BY WRITTEN RESOLUTION. I DON'T HAVE THE MINUTES OF THAT MEETING WITH ME TONIGHT. MY RECOLLECTION IS IF ANYBODY WOULD HAVE HAD A CONFLICT OF INTERESTS AT THAT TIME, THEY WOULD HAVE RECUSED THEMSELVES FROM VOTING BECAUSE ANYBODY WHO SAT ON THE BOARD WOULD HAVE KNOWN THAT. I DON'T BELIEVE THAT'S THE CASE. I'D HAVE TO GO BACK AND CHECK. DAVE BURKE, WHO'S THE CURRENT PRESIDENT, MAY HAVE BETTER INFORMATION ON THAT. BUT TO THE OTHER COMMENT THAT WAS MADE, I DON'T BELIEVE THAT THE ASSOCIATION HAS MADE ANY ATTEMPT WHATSOEVER TO RAMROD THIS THROUGH AS WAS I THINK SUGGESTED. MEMBERS HAVE A RESPONSIBILITY TO ATTEND BOARD MEETINGS WHEN ITEMS ARE NOTICED ON AN AGENDA, WHEN SOMETHING IS GOING TO BE DISCUSSED AND IF THEY HAVE AN INTEREST IN THAT ISSUE THAT THEY NEED TO ATTEND AND EXPRESS THEIR VIEWS. THE REAL QUESTION IS, AND I THINK THE ONE THAT'S THE TOPIC OF DISCUSSION WHICH I DRESSED AT LENGTH AND MANY WRITTEN COMMUNICATIONS MOST RECENTLY TO ALAIN TELEPHOTO IS WHETHER OR NOT THE ASSOCIATION COMPLIED WITH ITS GOVERNING DOCUMENTS IN SUBMITTING THIS APPLICATION TO THE TOWN? YOU RAISED THE QUESTION AT THE TOWN THE ZONING AND PLANNING BOARD AT THAT TIME, [01:10:01] AND THERE WAS AN ISSUE ABOUT COMPLIANCE WITH ARTICLE 16 OF THE DECLARATION, WHICH AT THAT TIME WE DIDN'T BELIEVE WE NEEDED TO DO, BUT SUBSEQUENTLY DID COMPLY WITH. WE'VE PROVIDED EVIDENCE OF COMPLIANCE WITH THAT PROVISION OF THE DOCUMENTS AND I WENT THROUGH A VERY LENGTHY LEGAL ANALYSIS AS TO WHY WE BELIEVE THAT WITH RESPECT TO THIS SPECIFIC PIECE OF LAND, WHICH IS UNIQUE TO MALLORY CREEK, THAT AN OWNER VOTE IS NOT NECESSARY BECAUSE THE LAND WAS NEVER INTENDED TO BE USED. BY THE MEMBERS OF THE ASSOCIATION FOR INGRESS AND EGRESS. THE PORTIONS OF THE COMMUNITY THAT WERE DESIGNED FOR THAT EITHER HAVE SIDEWALK OR THEIR DESIGNATED AS RECREATIONAL PROPERTY. AND TO MY KNOWLEDGE, NO MEMBER HAS TAKEN A STROLL BEHIND THESE LOTS JUST BECAUSE THEY WANT TO TAKE A STROLL. >> WELL, FIRST OF ALL, NO ONE CAN TAKE A SCROLL BEHIND THE LOTS BECAUSE THEY'RE BLOCKED OFF [OVERLAPPING] THIS IS AN AMENITY. THIS IS A WALKING PATH THAT CIRCLES BOTH COMMUNITIES, AND SO IF YOU TRY TO GO DOWN THAT PATH YOU'RE BLOCKED, SO OF COURSE IF YOU'RE NOT GOING TO BE ABLE TO WALK THERE[OVERLAPPING]. >> I'M SORRY. I JUST WANT A MATTER OF DIFFERENT MEMBERS OF THE PUBLIC WERE ON AN ITEM WHERE I'M SECTION OR PROCESS, WE'RE COUNCIL HAS THE OPPORTUNITY TO ASK THE APPLICANT OR STAFF ANY QUESTIONS, AND THEN I'M GOING TO ASK THAT EACH MEMBER ON THE COUNCIL AND ASKS IF YOU FEEL THAT THE RESPONDERS GETTING OFF TRACK ON YOUR ANSWER, THEN PLEASE CALL THEM OUT, HEBREW HER OUT, AND THEN WE DO THIS FOR THE MEMBERS OF THE PUBLIC SO YOU THEN CAN HEAR THE QUESTIONS WE ASK, AND THEN SO WHEN YOU COME UP TO SPEAK IN PUBLIC, THEN YOU CAN RESPOND HOWEVER YOU WISH. LIMITED TO THREE MINUTES. I'M JUST TRYING TO EXPLAIN THE PROCESS TO EVERYBODY HERE. ALSO, COUNSEL SCHNEIDER, YOU HAVE ANY OTHER QUESTIONS? >> THANK YOU. I DO APOLOGIZE. >> ONE QUICK QUESTION FOR STAFF. ISN'T IT THE CASE THAT WE'RE TALKING ABOUT? THERE'S TWO DIFFERENT PEDESTRIAN AMENITIES AT ISSUE HERE. ONE IS WALKING THROUGH THE GREENWAY AND WE'RE TALKING ABOUT WHAT THE AXIS IS. THE OTHER IS THE PEDESTRIAN PATH THAT'S CIRCLES MALLORY CREEK AND WINDSOR PARK. IS THAT CORRECT? >> YES. >> OKAY, THANK YOU. >> COUNCIL, [OVERLAPPING] SEE, NOW I HAVE NO QUESTIONS. BUT I'LL OPEN UP TO THE PUBLIC FOR COMMENTS. YOU'RE LIMITED TO THREE MINUTES. IF SOMEBODY BEFORE YOU BASICALLY SAID THE SAME THING AND YOU COME AND REPEAT THAT, I'LL ASK YOU TO BE BRIEF. BUT I ASK, DO WE HAVE ANY MEMBERS OF THE PUBLIC THAT WISH TO SPEAK? >> YES, MAYOR. FIRST IS SCOTT MOZOFF AND THEN JACK FERGUSON. >> GOOD EVENING. I'M SCOTT MOZOFF. I LIVE AT 1386 ALVAR DRIVE IN MALLORY CREEK. I LIVED THERE SINCE 2009. I BOUGHT THE HOUSE BACK THEN. ACTUALLY, I WOULD LIKE TO THANK STAFF. I CALLED SCOTT HECTOR TWICE AND HE ACTUALLY ANSWERED THE PHONE RIGHT AWAY, AND IT'S VERY HELPFUL. WE'RE LUCKY TO HAVE SUCH GREAT STAFF. THEY'RE ALWAYS VERY HELPFUL AND I DO A STAFF ALL OVER THE STATE AND OUR STAFF ARE MUCH BETTER THAN ALL OVER THE STATE SO, WE'RE LUCKY TO HAVE THAT. MY FIRST COMMENT IS ABOUT TRANSPARENCY. I LIVE THERE WHEN THEY TOOK THE VOTE AND I WAS NOT AWARE OF THE VOTE OF THE BOARD HAD, AND I OBVIOUSLY DIDN'T ATTEND THE MEETING, WHICH IS MY FAULT. I AGREE, BUT I WOULD LIKE THEM TO GO BACK AND TAKE A VOTE AGAIN SO THAT WE ALL KNOW THEY'RE TAKING THE VOTE. IF POSSIBLE, I WOULD LIKE THEM TO HAVE EVERYBODY IN THE COMMUNITY VOTE ON IT. IT'S DUE TO AN ELECTION AND OPEN SPACES FOR EVERYONE. I HAVE THE OPPOSITE SEX IN MY HOUSE, EVERYONE USES IT. MY NEIGHBORS HAVE GIRLS, THEY THROW LACROSSE FOR THE COST OUT THEIR ALL-TIME HIGHS, UNLIKE THROUGH FOOTBALL OUT THERE ALL THE TIME WHEN YOU TOOK BASEBALL. IF I PUT A FENCE AROUND DOUBLE-SPACED, PEOPLE WILL GET UPSET. I DIDN'T DO THAT OBVIOUSLY AND I DIDN'T TRY TO, EVERYONE USES THIS. IT'S FOR EVERYONE TO USE IN THE COMMUNITY AND SO I AGREE, THE STAFF SAID THAT WHAT WE SHOULD DO IS IF YOU VOTE THIS TOWN TONIGHT, THEN THE FENCE SHOULD BE REMOVED, WHICH I THINK IS WHAT REALLY SHOULD HAPPEN. I'M ASKING YOU TO VOTE NO ON THAT AND MY LAST THING IS, WHAT DO WE DO WITH OPEN SPACE? I THINK WE SHOULD PUT A PATTERN, THAT'S JUST PUT A SIDEWALK OR A MULTIPATH SO EVERYONE CAN USE IT. CIRCLES THE LOCAL COMMUNITY. THEN THERE'S A LARGER AREA DOWN BY LOT 117 [01:15:02] THAT THERE'S A LOT OF DOGS IN THE NEIGHBORHOOD AND I THINK WE CAN MAKE A SMALL DOG PARK IN THERE FOR THE SMALL DOGS. THEN THE AREA SOUTH OF THE BOARDWALK IS OUR LARGER AREA WE COULD USE FOR BIGGER DOGS. THAT'S MY SUGGESTION. THANK YOU. >> JACK FERGUSON AND THEN AILEEN HERNANDEZ. >> GOOD EVENING, JACK FERGUSON, 1155, NORTH JAGER DRIVE. I'M RELATIVELY NEW TO THE COMMUNITY. I'VE ONLY BEEN HERE ABOUT THREE YEARS. I WALKED MY DOG WITH MY WIFE EVERY MORNING IN THE COMMUNITY AND THE GREENWAY IS NOT SOMEPLACE WHERE WE CAN WALK OUR DOGS BECAUSE IT'S BLOCKED. BUT THIS PROPERTY BEHIND THESE WE COULD IF IT WAS OPENED BUT THE FENCES, THEY'RE BLOCKED SO WE CAN'T BE THERE. I'D LIKE TO ADDRESS THE LAWYERS WHO PRESENTED THE CASE. I THINK YOU'RE ABSOLUTELY CORRECT. LEGALLY, IT LOOKS TO ME LIKE EVERYTHING WAS DONE CORRECTLY. ONE OF THE THINGS WE DO LOOK FOR IN OUR LEADERS, WHETHER IT'S THE BOARD OR WHETHER IT'S YOU, LADIES AND GENTLEMEN HERE, IS FAIRNESS, EQUITY, AND A REALITY THAT THE LAW IS NOT THE ONLY THING. I PARDON MR. BARRETT'S PRESENCE. I HOPE I DON'T OFFEND. BUT THERE ARE MANY PEOPLE IN THE COMMUNITY WHO ARE NOT HAPPY WITH THE WAY THIS WAS CONDUCTED, WE'RE NOT HAPPY WITH SOME OF THE COMMENTS WE HEARD TONIGHT EITHER. THE PRESIDENT OF THE BOARD AT THE TIME IS ONE OF THOSE PEOPLE WHO LIVES ON THING, ON WAVERLY. I DON'T KNOW IF WHETHER HE RECUSED HIMSELF OR NOT. HE DID? HE RECUSED HIMSELF. AT THIS PRESENT TIME THERE I THINK, TWO MEMBERS ON THE BOARD WHO RECEIVE PROPERTY FROM THAT. THE OTHER THING IS, I THINK THEY'RE GIVING US $7,000. I'M LIKE THE COMMENT THAT WAS MADE, I DON'T BELIEVE THERE ARE 711 HOMEOWNERS THERE, I THINK THERE ARE 551 HOMEOWNERS. IT'S 551 MINUS 14 WILL DIVIDE 7,000 BUCKS IF THAT'S WHAT THE CASE IS. NOW, I UNDERSTAND THERE WERE A LOT OF LEGAL FEES. WITH A LEGAL FEES PAID FOR, WE'RE AT A LOSS FOR THIS TO GO THROUGH. WITH THAT, I'LL RELINQUISH SOURCE MY TIME. THANK YOU VERY MUCH. >> AILEEN HERNANDEZ, AND THEN NICK CREPITUS. >> GOOD EVENING, MAYOR AND COUNSELORS. MY NAME IS AILEEN HERNANDEZ. I LIVE AT 1153 TROPICAL DRIVE. I'M A HOMEOWNER OF MALLORY CREEK AND I'M ALSO THE CURRENT BOARD MEMBER AS WELL. I'M HERE IN MY CAPACITY AS A HOMEOWNER OF MALLORY CREEK. EVERYBODY BUYS THEIR HOMES. WE ALL HAVE SURVEYS. I OBVIOUSLY AGREE THAT WE SHOULD LOOK AT THESE SURVEYS AND MAKE SURE THAT WE ABIDE BY OUR SURVEYS. I DON'T AGREE THAT WE SHOULD JUST PASS OVER ANY OPEN SPACE TRACK. WE HAVE A LOT OF HOMES IN MALLORY CREEK THAT ARE ADJACENT TO OPEN SPACE AREAS, AND IF THIS GOES THROUGH, WE JUST PROBABLY HAVE LINES OF PEOPLE ONE AFTER THE OTHER ASKING FOR THE SAME AS WELL. OBVIOUSLY, THIS WOULD ONLY REALLY BENEFIT THOSE HOMEOWNERS, THAT WOULDN'T BENEFIT THE COMMUNITY AS A WHOLE. I'VE WALKED IN THE PRESERVE AREA ON THE OTHER SIDE OF THE FENCE. IT IS A VERY NARROW PATH. FROM THIS MEETING, I'VE HEARD SIX FEET. I'VE HEARD REALLY MOSTLY IT'S 10 FEET IN WIDTH, WHICH IS VERY SUBSTANTIAL. THE AREA BEHIND THE FENCE IN THE PRESERVE IS VERY NARROW. AS YOU CAN SEE RIGHT THERE, THERE'S JUST TREES LONG IT, THAT ARE NOT REALLY MAINTAINED FOR PEOPLE TO ACTUALLY WALK THROUGH IT WITHOUT BEING HIT BY A BRANCH HERE AND THERE. TO MAINTAIN THIS OPEN SPACE IS CRUCIAL TO THE REST OF THE MEMBERS OF COMMUNITY AND THE BOARD JUST MADE THIS DECISION. THEY DIDN'T HAVE THE REST OF THE COMMUNITY INVOLVED IN A MEMBERSHIP VOTE, WHICH I THINK, ESPECIALLY BY OUR DECLARATIONS, IS NEEDED. THAT WOULD BE AS MANY PEOPLE HAVE STATED THEY WOULD HAVE APPRECIATED. BUT AGAIN, THOSE ARE MY THOUGHTS. THANK YOU. >> NICK CREPITUS AND THEN MICHAEL VINNER. >> GOOD EVENING, MR. MAYOR. LADIES AND GENTLEMEN. MY NAME IS NICK CREPITUS, MY WIFE AND I RESIDE AT 1163 KEY LARGO STREET. WE BOUGHT OUR HOME NEW THERE IN 2010 AND MY INFORMATION FROM A COUPLE OF FRIENDS THAT I HAVE DEVELOPED OVER SEVERAL YEARS IS THAT THE COMMUNITY WAS BEGUN IN 2007. [01:20:01] IT'S 16 YEARS OLD AND COUNTING, AND I HAD A LOT OF QUESTIONS DRIVING UP HERE, SOME OF WHICH HAVE BEEN ANSWERED. VERY FUNDAMENTALLY, I DIDN'T KNOW WHO THE PETITIONER WAS, AND I'VE SINCE DETERMINED IT'S THE HOA. I DIDN'T KNOW THAT UP UNTIL THIS EVENING AND ANOTHER FUNDAMENTAL THOUGHT THAT CAME TO MIND WAS THE OWNERSHIP OF THE OPEN SPACE TRACT. I'VE LEARNED THAT IT'S THE HOA. IF IT'S THE HOA BY EXTENSION, THE 581 HOMEOWNERS HAVE CONTRIBUTED TO PAYING THE TAXATION OVER 16 YEARS. IT WOULD SEEM TO ME AN ISSUE, A PROBLEM TO NOW TAKE LAND THAT BY EXTENSION BELONGS TO EVERYONE, THE 581 HOMEOWNERS, AND TO ALLOCATE IT TO THE 14. THAT SAID DILEMMA. I DON'T HAVE AN ANSWER FOR THAT, BUT CLEARLY IT'S PROBLEMATIC AND YOU SHOULD CONSIDER IT. MR. MAYOR, YOU HELPED US A LONG TIME AGO. I KNOW YOU'LL REMEMBER WITH THE GAS STATION ON THAT WAS PROPOSED ON DAKOTA AND WE FINALLY WERE ABLE TO PREVAIL GIVEN THE FACT THAT IT WOULD HAVE BEEN BUILT WITHIN 500 FEET OF A TWO-FOOT DIAMETER WATER SUPPLY WELL, THAT'S PRODUCING BETWEEN TWO AND THREE MGD. I'M HAPPY ABOUT THAT, OF COURSE, AND WE GOT THAT REPLACED BY BRIGHT HORIZON. THANK YOU FOR YOUR HELP AND YOUR LEADERSHIP ON THAT. I APPRECIATE IT VERY MUCH. THANK YOU, SIR. >> MICHAEL VINER. AFTER MICHAEL, IT'S GOING TO GLENN DECHICO. >> HELLO. I WOULD LIKE TO ADDRESS A COUPLE THINGS. FIRST OF ALL, I NEED TO ADDRESS MR. BRAYDEN HERE ABOUT STATING THAT HE REPRESENTS THE HOA. IT'S PRETTY HARD TO REPRESENT THE HOA WHEN HE GETS UP HERE AND HE SAYS, I DON'T RECALL WHO I REPRESENT. HE SPEAKS WITH THESE PEOPLE ON THE PHONE DAILY, WEEKLY. TWO OF THE BOARD MEMBERS ARE CO-CONFLICTED, HE KNOWS THAT. NOT ONLY HAS MR. BRAYDEN REPRESENTED THE TWO HOMEOWNERS, HE ALSO REPRESENTED THE 14 INDIVIDUALS AGAINST US IN OUR OWN HOA. THE 14 HOMEOWNERS PAID HIM PRIVATELY TO GO AGAINST US, WHICH IS HIGHLY ILLEGAL, AND SO CONFLICTED. IT'S UNBELIEVABLE. THEY'VE BEEN COMMINGLING FUNDS ON AN ON AND ON. THE BOARD NEEDS TO BE REPLACED GREATLY. WE PROBABLY NEED TO FILE CRIMINAL CHARGES AGAINST THE THINGS THEY PULLED. WE'RE ALL PAYING TAXES HERE. MEANWHILE, 14 PEOPLE GET TO ENJOY THE PROPERTY. THAT'S IT BECAUSE MR. BRAYDEN HAS A BELIEF. NOTHING'S BASED ON BELIEF IN THE TOWN. EVERYTHING'S BASED ON CONTRACTS AND THINGS WE CAN PROVE, NOT THINGS THAT DISNEY WORLD, WHICH IS WHERE HE LIVES AT. BECAUSE COMING HERE AND SAYING, I REPRESENT THE HOA, ME AND MY WIFE AND MR. DECHICO AND HIS SPOUSE WERE SUED BY THE HOA BECAUSE WE DON'T WANT TO BE QUIET ABOUT THE LAND BEING STOLEN. OUR HOA DOESN'T EVEN KNOW, HOMEOWNERS DON'T EVEN KNOW IN OUR HOA THAT WE WERE SUED AS FOUR INDIVIDUALS BECAUSE MR. BRAYDEN AND 14 THIEVES THINK THAT THEY SHOULD HAVE IT THEIR WAY. NOT ONLY THAT WHEN THEY WANT TO TALK ABOUT THE SALE OF THE LAND, $7,000 IS A JOKE, BECAUSE WHEN YOU GO THROUGH OUR DOCUMENTS, THEY REMOVED THE 7,000 AND NOW THEY'RE JUST GIVING IT TO THEM THERE AGAIN AT OUR EXPENSE. THEY ALL SEEM TO FORGET THAT JUST LESS THAN THREE YEARS AGO, THE SAME PROPERTY, 18 ALMOST 1,000 SQUARE FEET OF LAND, SOLD IN DAKOTA FOR $1.2 MILLION. IF THESE PEOPLE THINK, I'M GOING TO GIVE MY LAND AWAY FOR FREE, THAT I OWN, I BOUGHT, THEY'RE FOOLING THEMSELVES. THE THIEVERY NEEDS TO COME TO AN END. MR. BRAYDEN'S LIES NEED TO COME TO AN END UP HERE, CLAIMING HE DOESN'T KNOW WHAT HE RECALLS. HE RECALLS AT ALL, WHICH NEED TO FIX THIS AND FIX THIS IMMEDIATELY BECAUSE I'VE BEEN PAYING PROPERTY TAXES JUST LIKE THE 581 MEMBERS AND I'M GOING TO HOLD SOMEONE CIVILLY RESPONSIBLE, IF NEED BE. [01:25:04] I WANT TO SOLVE, I WANT HARMONIOUS LIVING AND THAT'S WHAT I BOUGHT AND PAID FOR, OPEN SPACE. I DON'T CARE IF HE DON'T LIKE IT THAT WE HAVE A PATH GOING THROUGH THEIR BACKYARD. THAT'S TOUGH, IF YOU DON'T LIKE IT MOVE. THAT'S YOUR OPTION HERE. NOT ALL OF US. THEY NEED TO MOVE. >> THANK YOU. NEXT. >> GLENN. AFTER GLENN IT'S CHRISTINE SAXON. >> I'M GOING TO LEAVE THIS AFTER THAT BECAUSE I WANT TO SAY THAT MR. BRAYDEN IS IN VIOLATION OF RULE 4-1.7. HE'S REPRESENTING TWO PARTIES ADVERSELY IN THE SAME SITUATION. CAN'T DO IT. NO. CAN DO. HE SHOULD JUST DISQUALIFY HIMSELF RIGHT HERE, RIGHT NOW. LET'S TALK ABOUT SOME OF THE THINGS THAT MR. DEVELOPER OVER HERE SAID. FIRST OF ALL, YOU GOT IT WRONG. IT'S ACTUALLY 40 FEET. YOU CAN SEE RIGHT HERE, IT'S 40 FEET DEEP EXTRA ADDING 40 FEET DOUBLING THE BACKYARD. LET'S LOOK AT THE WORD FORTH WITH THE LEGAL DEFINITION. WELL, OKAY THE DEVELOPER CAN MAKE CHANGES BEFORE THE TURNOVER AND IF THE DEVELOPMENT ASSOCIATION, IF IT'S ON THE CRUX OF THAT TURNOVER, THE ASSOCIATION SHELL, FORTHWITH, JOIN WITH THAT DEVELOPER FORTHWITH. FORTHWITH WITH JUNE 2014, THE DEFINITION FORTHWITH AS SOON AS POSSIBLE. THAT DIDN'T HAPPEN. NEVER MIND A SIX-MONTH THAT MR. SICKLER PREFERABLY REQUESTED OR WHOEVER DID ON THESE. BY THE WAY, NOT A SINGLE FENCE WAS PERMITTED BY THE HOA OR THE TOWN. THERE WAS A STIPULATION WITHIN FORTHWITH IN WITHIN SIX MONTHS, REPLAN AT MEETING, GET THE ASSOCIATIONS OKAY. THEY NEVER DID BECAUSE IT NEVER WENT TO A VOTE. THE ONLY WAY TO DO IT WITH THE VOTE. MR. MALEFATTO. ALSO IF YOU READ THE ATTACHMENTS, IF YOU READ THE SECOND ROUND, THE SECOND ATTEMPT, THREE-AND-A-HALF YEARS LATER, IF YOU READ THE ATTACHMENTS, YOU WILL FIND A LOT OF DISINGENUOUS. FIRST OF ALL, ALL THE ATTENTION PAID MS. HAGUE ALLUDED TO ARTICLE ABOUT MORTGAGES, THAT'S NOT THE ISSUE. MORTGAGES ARE SECOND IN LINE. OWNERS ARE FIRST IN LINE. LET ME READ YOU THE AMENDMENT. NO AMENDMENT SHALL IMPAIR A PREJUDICE THE RIGHTS OF PRIORITIES OF AN OWNER WITHOUT THAT OWNER'S CONSENT. PERIOD. THAT IS ARTICLE 18. NO MENTION OF THAT. MR. BRAYDEN, YOU EVER READ THE CCNRS? USE OF PROPERTY ENFORCEMENT DECLARATION NOT ENFORCING A DECLARATION IS NO WAIVER. THE TOWN DOES NOT WANT TO BE COMPLICIT ON THIS BECAUSE IN YOUR TOWN CODE, IT SAYS LET'S LOOK AT THAT. SECTION 25-91, SUBMISSION OF RECORD PLAT BECAUSE D SUBSECTION PLAT. PLAT SHALL BE PREPARED IN ACCORDANCE WITH PROVISIONS OF CHAPTER 177, AND SHALL CONFORM WITH YOUR CLIENTS THIS SECTION AND THEREFORE SET 14 AS RESTRICTION, OBSTRUCTION OF EASEMENT. THE PLAT SHALL CONTAIN IN STATEMENT THAT NO STRUCTURE OR BUILDING OF ANY KIND OR LANDSCAPING SHALL BE PLACED ON OR WITH THE EASEMENT WITHOUT THE PRIORITY CONSENT OF ALL EASEMENT BENEFICIARIES. SECTION 27-1078. THIS IS IMPORTANT. ALL THE SPACE REQUIREMENT, OPEN SPACE DEDICATION. THREE. >>I NEED TO WRAP IT UP, PLEASE. >> YOU GET THE IDEA? >> YES. >> SECTION 27-1078. THEN THERE'S ALSO FLORIDA STATUTE 720. BY THE WAY, THE CONFLICT OF INTEREST THAT NEEDS TO BE VOTED ON, IS IT 720, BUT I WANT TO ADD IT'S ALSO 617 NON-FOR-PROFIT. >> THANK YOU. ANY OTHER MEMBERS? >> CHRISTINE AND THEN AFTER CHRISTINE IS GOING TO BE DEBBIE BANKER. >> HI, GOOD EVENING. CHRISTINE SAXON 1387 RAMSEY WAY. I'D LIKE TO EXPRESS MY CONCERN WITH THIS AMENDMENT PASSING. ONE THING THAT I FIND INTERESTING IS IN 2016, I ATTENDED A HOMEOWNERS ASSOCIATION BOARD MEETING, WHERE ON THE AGENDA IT WAS A RESIDENT HAD A REQUEST TO PURCHASE COMMON PROPERTY BEHIND HIS HOME AFTER THE DAKOTA APARTMENTS WERE CONSTRUCTED, AND THE BOARD VOTED THAT DOWN. BUT YET, HERE WE ARE WHERE TWO BOARD MEMBERS WANT TO BE ABLE TO OWN LAND THAT IS COMMON PROPERTY OF THE ASSOCIATION. I FIND THAT A BIT IRONIC THAT ONE OF THOSE BOARD MEMBERS THAT VOTED AGAINST IN 2016 IS NOW ON THE RECEIVING END OF COMMON PROPERTY THAT HE PREVIOUSLY VOTED AGAINST SOMEBODY FOR PURCHASING IT. [01:30:04] EVERYTHING ELSE THAT I WANTED TO SAY, YOU ALL WRAPPED IT UP, MR. DELANEY PERFECTLY. WHEN YOU SAID THAT NEXT THING EVERYBODY IS GOING TO BE STANDING IN LINE LIKE MY NEIGHBOR SCOTT, HE COULD TAKE THE LAND RIGHT NEXT TO HIS HOME. WHAT'S STOPPING PEOPLE FROM MINING UP AND THE ASSOCIATION CAN SAY NO? BUT THEN POSSIBLY WE MIGHT THEN ENTER INTO SOME LITIGATION BECAUSE RESIDENTS ARE GOING TO SAY, WELL, PRECEDENT SHOWS YOU SOLD IT TO THESE OWNERS, SO NOW YOU HAVE TO SELL IT TO ME. THANK YOU. THAT'S ALL I HAVE. >> DEBBIE BANKER AND THEN MICHAEL DEBACH. >> GOOD, EVENING. DEBBIE BANKER, [NOISE] 3256 WIMBERLEY DRIVE AND I RISE IN SUPPORT OF THE PROPOSAL BY THE HOA AND I JUST WANT TO [NOISE] COMMENT THAT THIS WAS DULY APPROVED AT A BOARD MEETING BY THE HOA AND THOSE MEETINGS ARE NOTICED AND EVERYONE HAS AN OPPORTUNITY TO ATTEND AND TO HAVE THEIR VOICE BE HEARD. TO COME AT THE TOWN COUNCIL MEETING AFTER THE MINUTES ARE FILED AND THE MEETING IS CONDUCTED AND IT'S VOTED UPON BY DULY ELECTED MEMBERS OF THE NEIGHBORHOOD, TO CONDUCT BUSINESS ON BEHALF OF THE NEIGHBORHOOD SUBSEQUENTLY TO COME AT THE TOWN COUNCIL MEETING AND SAY, I DIDN'T KNOW, I DIDN'T SHOW UP. THEY'RE NOTICED, THEY HAVE AN OPPORTUNITY TO BE PRESENT, BUSINESS HAS TO BE CONDUCTED AND PEOPLE HAVE TO MOVE FORWARD AFTER THAT POINT IN TIME. ADDITIONALLY, SUBSEQUENT PURCHASERS, I THINK MR. DI CHICO, MR. VINER WERE ALSO SUBSEQUENT PURCHASERS. THOSE INDIVIDUALS HAVE THE OBLIGATION TO LOOK AND SEE WHAT TYPES OF ACTIONS HAVE BEEN TAKEN AND UNDERSTAND WHAT IS GOING ON IN THE NEIGHBORHOOD AT THE TIME THAT THEY PURCHASED, NOT COME BACK AFTER THE FACT AND TRY TO CHANGE SOMETHING THAT IS DULY APPROVED BY THE BOARD. ADDITIONALLY, [NOISE] THE UNDERLYING TRANSACTION WAS APPROVED BY THE BOARD AND I'M NOT CERTAIN THAT THAT'S THE PURVIEW OF THE TOWN COUNCIL. DOES THE TRANSACTION COMPLY WITH THE ZONING REQUIREMENTS IN SECTION 2796 OF THE CODE? AND NOTWITHSTANDING THAT, THE ATTORNEY AND THE BOARD MADE SURE THAT THE TRANSACTION DID COMPLY, NOTIFIED THE MORTGAGEES AND COMPLIED WITH THE GOVERNING DOCUMENTS OF THE HOA. THE TRANSACTION ITSELF SEEMS TO ME THAT THE FOCUS SHOULD BE ON THE TOWN REQUIREMENTS OF THE ZONING CODE AS OPPOSED TO THE UNDERLYING TRANSACTION BUT THAT HAS ALREADY BEEN ESTABLISHED AS BEING IN COMPLIANCE WITH THE GOVERNING DOCUMENTS OF THE HOA. THERE IS A PATH THERE IN THE IMPROVEMENT DISTRICT, A HUGE AREA FOR EVERYONE TO WALK IN TRAILS AND PATHS. THERE ISN'T A NEED FOR THAT 10 FEET SPACE BEHIND MANY OF THE HOUSES. [NOISE] THERE'S A HUGE AREA IN THE PRESERVE FOR PEOPLE TO WALK THEIR DOGS AND PATHS. THERE'S NOTHING BEING TAKEN AWAY AND IT WAS CALLED A PEDESTRIAN WALKWAY BY ONE OF THE COUNCIL MEMBERS BUT IT WAS NEVER INTENDED TO BE A PEDESTRIAN PATH NOR WAS IT MAINTAINED. THAT WOULD REQUIRE ADDITIONAL EXPENDITURE ON THE PART OF THE HOA TO MAKE IT [NOISE] SUCH DEGRADED AND MAINTAIN IT, AN ADDITIONAL COSTS ASSOCIATED WITH THAT. I SUPPORT THE HOA PROPOSAL. THANK YOU. >> MICHAEL DEBACH THEN MELINDA MITCHELL. >> GOOD EVENING, COUNSELS. IT'S GREAT TO SEE ALL OF YOU. A PROCESS THAT BEGAN IN 2007 IS NOW AT THE DESK THAT YOU HAVE 16 YEARS LATER. WHEN YOU LOOK AT THE FACTS, THE FACTS ARE EXTRAORDINARILY SIMPLISTIC. 2007, THERE WAS A LANDOWNER THAT REQUESTED A PERMIT TO CROSS THE OPEN SPACE TRACK AND WAS DENIED BY THE TOWN OF JUPITER. THAT FENCE WAS BUILT. THE NEXT FENCE THAT CAME TO THE TOWN OF JUPITER TO CROSS OPEN SPACE TRACK WAS ACTUALLY PERMITTED BY THE TOWN OF JUPITER TO CROSS THE OPEN SPACE TRACK, WHICH CREATED DISCREPANCY OF PERMITTING PROCESSES THAT THE LANDOWNERS WERE GOING THROUGH. I MOVED TO MALLORY CREEK IN 2011 AND I WAS THE HOMEOWNER THAT APPLIED AT 3244 WYMBERLY DRIVE FOR A FENCE TO CROSS OPEN SPACE TRACK 29, [01:35:02] AND I WAS ISSUED A CONDITIONAL PERMIT TO INITIATE A REPLANT PROCESS TO WHICH WE BEGAN AND $72,000 LATER ARE STILL CONTINUING. THAT REPLANT PROCESS BEGAN WITH HIRING PROFESSIONALS THAT YOU KNOW, SUCH AS GEORGE GENTEEL, PROFESSIONAL SURVEYORS, PROFESSIONAL APPRAISERS, PROFESSIONAL ATTORNEYS TO GUIDE THIS PROCESS. WE DID STAFF WALKED DOWNS WITH YOUR STAFF AND THE DEVELOPER AT THE TIME WHO STILL HAVE CONTROL ALL THE MALLORY CREEK AND BOARD OF DIRECTORS BECAUSE IT WAS UNDER PROPERTY CONTROL OF DEVASTA AND THE CONDITIONS WERE AGREED TO CONTINUE TO WAIT UNTIL THE PROPERTY WAS TRANSFERRED FROM THE DEVELOPER TO THE HOMEOWNER'S ASSOCIATION SO THAT THE VOTE COULD BE TAKEN. THE WHOLE HOMEOWNER ASSOCIATION DID TAKE VOTE. THAT VOTE WAS SUBSEQUENTLY CHALLENGED BY MR. DE SICA IN A COURT OF LAW IN THAT COURT OF LAW RULED IN FAVOR OF THE HOA'S ACTIONS WERE IN FACT [NOISE] IN ACCORDANCE WITH ITS GOVERNING DOCUMENTS. WE CAN ALL DESCRIBE AS PEOPLE THAT SERVE THE PUBLIC, THAT MAYBE THERE SHOULD BE MORE NOTICED PROCESSES, MAYBE THERE SHOULD BE MORE THINGS THAT WE HAVE COLLECTIVELY DO. BUT THE COURT HAS RULED AND YOU'VE SEEN THIS IN YOUR LEGAL OPINION, THAT THE HOA ACTED UNDERNEATH ITS GOVERNANCE REQUIREMENTS AS ESTABLISHED BY LAW. TODAY, WE HAVE THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT'S APPROVAL. WITH SETBACK CONDITIONS, THERE WILL BE NO INFRASTRUCTURE THAT CAN BE BUILT ON OST 29. HOMEOWNERS CAN NOT PUT OTHER PROPERTY ELEMENTS ON IT, SETBACK IMPROVEMENTS CONTINUE TO REMAIN IN EXISTENCE, AND THE PALM BEACH COUNTY IMPROVEMENT DISTRICT HAS SAID THAT THE RE-PLOT OF OST 29, THOSE SETBACK CONDITIONS CAN CONTINUE TO BE MET. THEY HAVE A CORE PROPERTY OWNERS ASSOCIATION HAS VOTED UNANIMOUSLY TO SUPPORT THIS. THE MALLORY CREEK HOA PROCESS, WHILE MAYBE CONDITIONALLY NOT THE APPROPRIATE PROCESS IN SOME PEOPLE'S MIND THAT IT SHOULD HAVE FIVE OR SIX OR SEVEN NOTICES MEETINGS DID VOTE AND CONDUCTED THE APPROPRIATE PROCESS AND MR. MURPHY, WHO WAS THE PRESIDENT OF THE HOA AT THAT TIME, DID EXCUSE HIMSELF FROM THE PROCESS AND DID NOT VOTE ON IT AND YOU CAN SEE THE OFFICIAL MINUTES OF THE HOA. FINALLY, THE PLANNING AND ZONING COMMISSION THAT WE MET HERE IN 2019, COUNSELOR SCHNEIDER, AND YOU WERE AT THE COMMISSION MEETING AT THE TIME, I THINK WE GOT COUNSELOR MAY. YOU MAY HAVE BEEN ON THE PLANNING AND ZONING COMMISSION AT THE TIME. YOU GUYS HAD THE SAME DEBATE. THREE-THREE WAS THE VOTE POSITIVE, THREE-FOUR AND THREE-THREE AGAINST IT PUSHED TO THE TOWN [NOISE] COUNCIL. THE TOWN COUNCIL DECIDED TO WAIT FOR THE COURT PROCESS TO CONCLUDE. THE TOWN ATTORNEY'S PROCESS CONTINUED TO ADVISE THAT IT'S READY TO GO FORWARD. IT IS ABOUT HARMONIOUS [OVERLAPPING] >> I ALREADY ASKED YOU TO WRAP UP. >> YEAH. SO OUR QUESTION FOR OUR HARMONIOUS LIVING IS, LET'S JUST MAKE A DECISION THIS EVENING AND MOVE THE PROCESS EITHER FORWARD OR TO CLOSE. BUT LET'S JUST SUCCESSFULLY CLOSE IT. THANK YOU. >> MELINDA MITCHELL AND THEN CINDY BLOOM. >> GOOD EVENING. MY NAME IS MELINDA MITCHELL, 1426 SOUTH JEAGA DRIVE, I'M A NEW RESIDENT TO THE AREA, AND I HAVE ONE THING TO SAY. I DO NOT THINK ONE INCH OF HOA LANE SHOULD GO TO 14 RESIDENTS. THANK YOU. >> CINDY BLOOM AND THEN MARK POWELL. [NOISE] >> HI. I'M CINDY BLOOM 1413 WINDLEY KEY WAY AND THREE MINUTES, IT'S NOT MUCH TIME SPEAK ON SUCH CONTENTIOUS ISSUE, BUT I WANT TO USE MINE TO SHARE THE FOLLOWING. FIRST, I WANT TO THANK THE TOWN COUNCIL FOR HEARING OUR CONCERNS, LOOKING OUT FOR ALL RESIDENTS OF JUPITER. ALSO I WANT TO ACKNOWLEDGE MALLORY CREEK BOARD OF DIRECTORS, WHOEVER SEES A WONDERFUL COMMUNITY. I DON'T WANT TO PUBLICLY THANK YOU FOR YOUR WORK. THAT BEING SAID, HERE'S WHAT I WANT TO SHARE. I THINK IT'S VERY IMPORTANT TO DISTINGUISH BETWEEN THE BOARD OF DIRECTORS, WHICH IS FIVE MEMBERS, ONE OF WHICH HAS NOT BEEN VOTING BECAUSE THEY'RE BENEFITING MILLION VERSUS THE HOA, WHICH IS 581 RESIDENCES. REPEATEDLY, I KEEP HEARING ABOUT DIFFERENT GROUPS THAT HAVE PROVED IT FOR THE HOA, THE HOA IS NOT, THE BOARD IS THE ONE THAT IS GETTING THE SUPPORT FROM THESE OTHER GROUPS. BUT THEY'RE REPRESENTING THEMSELVES AS THE HOA, AND THEN THE WYMBERLY 14, WHICH IS A GROUP THAT'S AFFECTED BY THIS DECISION AT HAND, AND THEY AGREED TO PAY ALL THE ASSOCIATED COSTS, INCLUDING OUR ATTORNEYS WHO I BELIEVE ARE HERE TODAY. AS I WAS REVIEWING ALL THE MATERIALS THAT I COULD FIND, I NOTE THE AMENDMENTS WERE NOT ATTACHED TO THE AGENDA AND JOHN EXPLAINS ME AND HE WAS WONDERFUL AND PLANNING ZONING, THAT THEY'RE NOT ARA COMPLIANT, AND SO I NOTED MANY OF THE ATTACHMENTS THAT HOA WAS USED AGAIN, AS OPPOSED TO A BOARD OF DIRECTORS MISREPRESENTING WHO IS MAKING THESE REQUESTS. THESE THINGS ARE CUMBERSOME TO READ. I NOTICED THAT PUBLIC ACCESS ON ANY OST IN MALLORY CREEK IS AVAILABLE IN MANY PROPERTIES. THEY'RE NEXT TO TOWNHOUSES, THERE'S A TRIAL OF LAND ON A HOME OF JEAGA. THEY'RE ALL OVER THE PLACE, INCLUDING A BUDDING, [01:40:03] THE PRESERVE OF WYMBERLY AND IF WE GIVE THIS LAND AWAY, WHERE DOES IT END? THE OPEN SPACE, I THINK IS A VERY IMPORTANT TENET OF LIVING IN JUPITER, I THINK YOU WOULD ALL AGREE TO THAT, AND I KNOW THAT WINDSOR PARK IS WAITING IN LINE TO SEE WHAT HAPPENS WITH THIS VOTE. ATTORNEY, I DON'T WANT TO SAY HIS NAME WRONG, MALEFATTO, ATTACHMENT P, HE TALKS ABOUT THAT ARTICLE 16 AND ACCORDING TO OUR ATTORNEYS, THEY SENT THAT OUT. WELL, WHAT THEY DID IS THEY SENT SOMETHING TO THE MORTGAGES, WHICH DOESN'T MAKE SENSE BECAUSE MANY PEOPLE HAVE CHANGED. EITHER THEIR MORTGAGE HAS BEEN SOLD, THEY PAID IT OFF, THEY PAID CASH TO BEGIN WITH. IT REALLY DOESN'T MAKE SENSE, AND THEY DIDN'T GET TWO-THIRDS OF THEM COME FORWARD AND SAY YES, DO THIS, WHICH IS WHAT WAS THE LANGUAGE. THEY DIDN'T HAVE TO VOTE SAY, NO. THAT'S THE DIFFERENCE THAT THEY'RE NOT SHARING WITH YOU. I'VE NOT BEEN AWARE OF ANY VOTES OTHER THAN THE BOARD OF DIRECTORS AND THE WYMBERLY 14. NEVER OF THE HOA MEMBERS. I'VE BEEN AT MEETINGS. I STOPPED GOING BECAUSE OF A VERY CONTENTIOUS, THERE'S A LOT OF YELLING GOING ON, AND I CAN'T FIND ANY MINUTES WHERE THE HOA WAS EVER ASKED TO VOTE. I DO THINK THAT THERE IS A LAWSUIT CURRENTLY UNDER APPEAL, AND WHEN YOU ASK ANYTHING ABOUT IT IN THE MEETINGS I DID GO TO, THEY SAY, WE CAN'T TALK TO YOU BECAUSE THERE'S A LAWSUIT. THIS IDEA, GO TO THE MEETINGS, YOU'LL FIND OUT IT DOESN'T WORK THAT WAY. >> PLEASE, YOU NEED TO WRAP IT UP. >> I WOULD. I'D LIKE TO NOTE THAT ATTORNEY MALEFATTO CONCLUDES THAT THE PROVISIONS OF THE DECLARATION DO NOT GOVERN THE DECISIONS OF THE TOWN, TOWN COUNCIL REMAINS FREE TO DECIDE WHETHER OR NOT TO APPROVE THE PROPOSED SITE PLAN AMENDMENT, AS YOU KNOW, AND I HOPE YOU WILL REPRESENT ALL 581 OF THESE RESIDENTS. THANK YOU. [APPLAUSE] >> MARK POWELL AND THEN BILL DRESBACK. >> I THINK MARK WAS HERE TO SPEAK ON JONES CREEK. >> BILL. >> BILL DRESBACK, 1307 WINDLEY KEY WAY. I'M CONFLICTED AT FIRST, I COULDN'T SEE ANY VALUE IN THE PROPERTY FOR THE TOTAL HOMEOWNERS. IT CHANGED MY MIND A LITTLE BECAUSE IT'S GOING TO SET A PRECEDENT. BUT I JUST REALLY WANTED TO SAY IF THEY GET FAIR VALUE AND THEY PAY THE ATTORNEY FEES, IF THAT'S WHERE IT'S GOING TO GO, AND HOMEOWNERS GET SOME BENEFIT OUT OF IT, TAXES AND WHATEVER. I REALLY WASN'T AGAINST IT. BUT NOW I SEE THERE COULD BE A BIG CONFLICT WITH OTHER HOA PROPERTY OWNERS WANTING TO CLAIM LAND NEXT TO THEIR PROPERTY THAT'S IN A PUBLIC SPACE AND THAT'S ALL I WOULD SAY. GOOD LUCK. >> THAT'S THE LAST ONE. >> LAST ONE? OKAY. I'LL INVITE THE APPLICANT AND THEN STAFF. DO YOU HAVE ANY CLOSING COMMENTS OR BATTLES? >> YES, MR. MAYOR, THANK YOU. I JUST WANT TO REITERATE THAT REPORT FROM YOUR STAFF INDICATED THAT WE ARE CONSISTENT WITH THE COMP PLAN, ALL THE CODE PROVISIONS. THIS SPACE WAS NOT A COMMON USE AREA. IT WAS OPEN SPACE TRACK ONLY. THERE WAS NOT A PATH IN IT, AND THE STAFF HAS RECOMMENDED APPROVAL, AND THIS AREA HAS BEEN LANDSCAPED OFF EVEN BEFORE THE FENCES WHEN MR. DEVOS HAD BUILT THIS PROJECT. ACCESS TO IT WOULD HAVE BEEN LIMITED. ANYWAY, THAT'S ALL I HAD TO SAY. THANK YOU. >> JOHN SICKLER FOR THE RECORD. ONE THING I DID WANT TO CORRECT, THERE WAS A STATEMENT MADE BY AN ATTORNEY BRITAIN THAT THIS PROPERTY WAS NEVER INTENDED FOR INGRESS OR EGRESS. IT WAS DEDICATED ON THE PLAT FOR A PUBLIC ACCESS AND I JUST WANTED TO MAKE SURE THAT WAS CLEAR. THANK YOU. >> OKAY. BACK TO COUNCIL FOR DELIBERATIONS. I'LL TURN IT OVER TO COUNCILOR SCHNEIDER. >> WELL, THIS PROCESS HAS REALLY BEEN QUITE SOMETHING FROM THE PERMITS THAT WERE ISSUED INCORRECTLY TO ALL OF THE QUESTIONS ABOUT WHAT'S GOING ON WITH THE HOA. BUT I THINK REALLY FOR US, WE HAVE TO GO BACK TO LOOK AT THE CRITERIA WE HAVE TO USE TO EVALUATE A SITE PLAN AND THAT'S 27-175 OF THE CODE. FROM LOOKING AT THAT, MY READING IS THAT THIS APPLICATION IS NOT CONSISTENT WITH THAT CODE SECTION AND CANNOT BE APPROVED. [01:45:05] I DISAGREE WITH WHAT MR. GENTEEL SAID THAT THIS APPLICATION IS IN CONSISTENT WITH THE COMPREHENSIVE PLAN. I DON'T THINK THAT'S THE CASE. IF YOU LOOK AT THE FUTURE LAND USE POLICIES, WE'RE SUPPOSED TO EMPHASIZE OPEN SPACE. GRANTING THESE 14 HOMES THE ABILITY TO TAKE THAT LAND ELIMINATES OPEN SPACE, IT ELIMINATES THE WALKING PATH AND WENT AROUND BOTH COMMUNITIES. CONSERVATION ELEMENT IS AIMED AT PROMOTING GREENWAYS AND TO LINK OPEN SPACE AND WILDLIFE CORRIDORS. IF YOU ALLOW THE HOMEOWNERS JUST TAKE THE LAND, IT BREAKS THAT. THERE'S ALSO THE WHOLE QUESTION THAT WE HAVEN'T ADDRESSED IS OF DRAINAGE. IF YOU ALLOW HOMEOWNERS TO GO AND REGRADE THOSE PROPERTIES, WHAT HAPPENS TO THE DRAINAGE PLAN? BECAUSE THIS WHOLE THING WAS CONSTRUCTED IN A WAY TO MAKE SURE THAT THE WATER FLOWS DOWN INTO THE PRESERVE AREA, INTO THE GREENWAY, AND YOU'RE GOING TO CHANGE THE WHOLE GRADING PLAN BY ALLOWING 14 HOMEOWNERS TO FILL IN, REGRADE THE PROPERTY, AND THAT'S NOT CONSISTENT WITH THE COMP PLAN. THE OTHER ISSUE IS THAT UNDER THIS CODE SECTION IS THAT ALLOWING THIS CHANGE WOULD COMPLETELY CHANGE THE CHARACTER OF THE NEIGHBORHOOD. ONE OF THE FEATURES OF ABACOA IS THAT YOU CAN HAVE ALL THESE WALKING PATHS, AND IF YOU DO THIS, YOU WILL ELIMINATE THE PEDESTRIAN WALKWAY AND I KNOW VERY WELL FROM HAVING LIVED IN WINDSOR PARK AND WALK THERE, THAT THERE IS A WALKING PATH THAT GOES AROUND BOTH NEIGHBORHOODS. THE FACT THAT IT WASN'T IMPROVED ON ONE SECTION IS THE FACT THAT THE HOA DECIDED NOT TO DO IT. THE DEVELOPER DIDN'T DO IT. THE HOA DIDN'T GO ON AND IMPROVE IT, BUT THAT DOESN'T MEAN IT'S NOT A WALKING PATH. IT'S STILL IS, AND TO ME, IF YOU GRANT THAT YOU WOULD BE ELIMINATING AN AMENITY. THE OTHER THING THAT HAS BEEN MENTIONED, OF COURSE, THIS WILL SET A HORRIBLE PRECEDENT. WE'LL SET THE STAGE FOR OTHER COMMUNITIES, NOT JUST IN ABACOA, TO GO AHEAD AND TRY TO MAKE CHANGES. I LIVE IN THE SHORES. I'M ON A LAKE. THERE'S FIVE FEET OF PROPERTY THAT'S HOA OWNS IT SURROUNDS THE LAKE. PEOPLE CAN WALK AROUND THE LAKE, GO BACK-AND-FORTH INSTEAD OF GOING ONTO THE STREET. IF WE ALLOW THIS, WHAT'S GOING TO STOP SOMEONE IN THE SHORES FROM SAYING I WANT THE OTHER FIVE FEET BEHIND MY PROPERTY UP TO LAKE AND I'M GOING TO PUT A FENCE UP. IMMEDIATELY THEN, THAT CHANGES THE ENTIRE CHARACTER OF THE NEIGHBORHOOD AND NO ONE CAN WALK AROUND. WHERE WOULD IT END? THIS IS NOT A CASE WHERE A HOMEOWNER PROPERTY AND WE'RE MISTAKEN ABOUT WHERE THEIR PROPERTY ENDED. IT WAS VERY CLEAR ON THE SURVEY. IT'S VERY CLEAR THAT THIS IS A WALKING TRAIL, AND PEOPLE SAY THAT THE GREENWAY IS A SUBSTITUTE, WELL, YOU CAN'T PUT WALK DOGS IN THE GREENWAY. YOU GO ON THE GREENWAY AND THERE'S A SIGN RIGHT THERE THAT SAYS NO DOGS, BUT PEOPLE DO IT ANYWAY. IF YOU TAKE AWAY THIS WALKING PATH, YOU REALLY HAVE REDUCED THE ABILITY OF PEOPLE TO WALK WITH THEIR DOGS. I'VE BEEN AGAINST THIS FROM THE BEGINNING. I THINK IT'S A TERRIBLE IDEA FOR A PRECEDENT, AND I ALSO DON'T THINK IT MEETS THE CRITERIA OF 27-175 AND THEN WE HAVE TO DENY IT. >> OVER THE FIRST. >> I THINK THE LAST ATTACHMENT IS WHAT REALLY STUCK WITH ME. THERE IS THE QUESTION OF, CAN THIS COME BEFORE US? IT'S GONE TO PLANNING AND ZONING. HOW DID IT GET TO PLANNING AND ZONING AND THERE'S A LONG HISTORY HERE CLEARLY. BUT IT SAYS IN THIS LAST ATTACHMENT, AND I AGREE, THAT BEING SAID, THE PROVISIONS OF THE DECLARATION DO NOT GOVERN DECISIONS OF THE TOWN AND THE TOWN COUNCIL REMAINS FREE TO DECIDE WHETHER OR NOT TO APPROVE THE PROPOSED SITE PLAN AMENDMENT. NOW LOOKING AT THE MAP, I SEE LOTS 117 AND 118, AND THERE YOU HAVE A LARGER WIDTH OF 40 FEET. JUST LOOKING AT THAT POCKET PARK AND APPROACHING THE GREENWAY, THERE WOULD BE A LOSS WITH FENCES THERE JUST IN TERMS OF VISUAL SPACE AND LIGHT. THE IDEA THERE WAS A GENTLEMAN THAT CAME AND SPOKE ABOUT A DOG PARK COULD BE THERE, CHILDREN COULD PLAY THERE. IT'S OPEN GREEN SPACE AND IT SEEMS LARGE ENOUGH. MY DAUGHTERS COULD CERTAINLY FIND A USE FOR IT. IF DOGS AREN'T ALLOWED ON THE GREENWAY, I DO THINK THAT THAT WOULD PRESENT AN OPTION JUST TO HAVE THAT OPEN GREEN SPACE THAT'S NOT IN THE GREENWAY WITHOUT THAT RESTRICTION. I DO THINK THERE IS A LOSS HERE. IT'S NOT TYPICALLY AS PART OF A STRATEGIC PRIORITY FOR THIS COUNCIL. WE'VE ALWAYS PRESERVED OUR AGREED SPACE, OUR OPEN SPACE. IT'S PART OF WHAT MAKES JUPITER UNIQUE. WE USE THOSE TERMS ALL THE TIME. I DON'T BELIEVE THE PRECEDENT, NOT JUST FOR ABACOA, BUT FOR THE ENTIRE TOWN WOULD BE SOMETHING THAT WE WOULD WANT TO SET OR SUPPORT. SO WHILE I AM GLAD THAT THIS HAS COME BEFORE US, [01:50:03] I KNOW THERE'S BEEN A LONG TIME BETWEEN THE PLANNING AND ZONING MEETING IN 2019 AND THIS MEETING TODAY. I'M GLAD THAT THERE CAN BE RESOLUTION HERE. I CAN'T SUPPORT IT. >> YEAH. UNFORTUNATELY, THE WORD THAT KEEPS COMING UP IS PRECEDENT AND I'M ALL ABOUT SETTING PRECEDENT AND I DON'T WANT TO SEE THIS MORPHING INTO SOMETHING WHERE OTHER NEIGHBORHOODS AND OTHER HOA'S FEEL THAT THEY CAN JUST GIVE OVER LAND TO OWNERS, WHETHER IT'S THROUGH PURCHASE OR JUST DONATING IT OR WHATEVER IT MAY BE. I DON'T LIKE THE PRECEDENT THAT IT COULD SET, AND OTHER PEOPLE MAY BE EYEING THIS AS AN OPPORTUNITY TO DO SOMETHING OF THE SAME NATURE SO I CAN'T SUPPORT THIS TONIGHT. >> THE ABACOA WAS CONCEIVED AS A DEVELOPER, REGIONAL IMPACT, I THINK IT WAS THE TOWN'S LARGEST OVERALL MASTER PLAN FOR A NEWER NEIGHBORHOOD OR NEIGHBORHOODS. IT CREATED A SUBURBAN, SOMEWHAT URBAN ENVIRONMENT, AND THESE OPEN SPACE PATHWAYS, WALKWAYS, CUT-THROUGHS, ITS VITAL TO THE WHOLE VIBE OF THE NEIGHBORHOOD, AND WHEN YOU BUY INTO THAT NEIGHBORHOOD, THAT AREA, YOU BUY INTO THAT, AND I DON'T THINK PEOPLE SHOULD BE ALLOWED TO CHIP AWAY AT THE OPEN SPACE OR WHATEVER AT THE EXPENSIVE OF THE OTHER LAND OWNERS. I JUST CAN'T SEE THAT HAPPENING. IN REGARDS TO THE BORDER DIRECTORS OF MALLORY CREEK, WHEN YOU'RE ELECTED SOME PUBLIC OFFICER, NOT ELECTED TO RULE OR ELECTED TO REPRESENT AND I'VE HAD ISSUES IN NEIGHBORHOODS I'VE LIVED IN WERE A BOARD MAKES THE DECISION RIGHT OR WRONG, AND THEN THEY GET SOME BACKLASH FROM THE FOLKS. YOU SHOULD GO BACK AND REVISIT IT BECAUSE YOU DON'T WANT TO HAVE THE IMPRESSION THAT YOU JUST RAMMING THINGS THROUGH. SO I THINK THIS SHOULD HAVE BEEN REVISITED. WE'RE GOING TO SETTLE THIS UP TONIGHT AND WITH THE PRECEDENT OR THE WHOLE PRECEDENT ISSUE, EVEN IF THE VOTE WAS 500 TO 1 IN FAVOR, AND THERE WAS ONE VOTE SAYING, NO, I DON'T WANT THIS HAPPEN, I WOULD BE HARD-PRESSED TO VOTE YES, ON THIS IS HOW STRONGLY YOU FEEL ABOUT THIS. I CAN NOT SUPPORT THIS. >> LOOK, PRETTY CLEAR THAT THERE'S FOUR PEOPLE THAT WILL DENY THIS ON COUNSEL REGARDING PRECEDENT. I JUST WANT TO SAY BECAUSE I'M THE ONE NUMBER UP HERE THAT IN FACT HAD APPROVED THE ORIGINAL MALLORY CREEK PUD AND PUT MY COLLEAGUES UP HERE THAT HAVE APPROVED DEVELOPMENT SINCE THEN. LATER THAN THEN, WHEN WE DO WE DO FEEL LIKE WE'RE CONSIDERING THE RESIDENTS THAT ARE EVENTUALLY GOING TO LIVE THERE. I SAT UP HERE WHEN THAT CAME THROUGH AND ACTED AS WE ALL DO TRYING TO REPRESENT RESIDENTS THAT DON'T YET LIVE THERE, AND FAST-FORWARDING, I ALWAYS FEEL, PARTICULARLY WHEN A COMMUNITY GETS OLDER, THAT WE SHOULD LISTEN CAREFULLY TO THE RESIDENTS, AND SO I THINK THE RESIDENTS HAVE SAID PRETTY CLEARLY YOUR OPINION. JUPITER RESIDENTS HAVE ALWAYS VALUED LAND PRESERVATION, OPEN SPACE. ANYTIME WE'VE GONE AS A COUNCIL TO GET SUPPORT FOR BOND REFERENDUM, OVERWHELMING, AND THAT'S WHAT UNIQUELY JUPITER. PROBABLY LIKE MY COLLEAGUES HAVE SAID, I'D BE HARD PRESSED IF THE MAJORITY CAME HERE AND WE'RE FIGHTING, WELL, WE NEED THIS, WE WANT THIS BECAUSE OF THE PRECEDENT WOULD HAVE SAID, BUT QUITE FRANKLY, IT REALLY BOTHERS ME AND WE WANT TO SET THE MESSAGE TO ANYBODY ELSE THAT WAS PAYING ATTENTION. I DON'T CARE. WE'RE NOT BOUND BY HOA RULES. ANYBODY COMING BEFORE US HAD BEST MAKE SURE THAT OWNERS OF COMMON PROPERTY WANT A CHANGE BECAUSE THAT MAY NOT BE ENOUGH. BUT THAT'S AT LEAST, I THINK IS A MINIMUM THAT WE ALL FEEL SO REALLY WANT TO, TO THE DEGREE THAT THERE'LL BE OTHER TIMES PEOPLE MAY THINK ABOUT THIS, I WANT EVERYBODY TO UNDERSTAND. THAT'S THE WAY WE ARE BECAUSE ULTIMATELY WE'RE ACCOUNTABLE TO THE RESIDENTS OF MALLORY CREEK THAT HAVE STAKE IN THIS OPEN SPACE, AND A STAFF INDICATED IT WAS STAFF. IT WAS ON THE PLAT THAT THIS AREA WAS A PUBLIC PEDESTRIAN ACCESS AREA. WITH THAT, I GUESS CLEARLY ON THIS ONE, I GUESS THE MOTION IS APPROPRIATE. THERE'S NOTHING TO BE WITHDRAWN ABOUT IT. I HAVE A MOTION. >> MOTION TO DENY APPLICATION. >> SECOND. >> MOTION AND A SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. [OVERLAPPING]. >> MOTION CARRIES UNANIMOUSLY. [APPLAUSE] [01:55:27] I WAS GOING TO GIVE EVERYBODY TIME IN THE FILE OUT HERE. [BACKGROUND] I'M GOING TO GIVE EVERYBODY TIME TO FILE OUT. >> OKAY. WE'LL MOVE ON TO AGENDA ITEM 11 ON BEARS CLUB. [11. Bear’s Club] THESE ARE QUASI JUDICIAL MATTERS. DOES ANYBODY ON COUNCIL HAVE EXPERTY DISCLOSURES? COUNCIL SCHNEIDER? >> NO. >> COUNCIL DELANEY, [OVERLAPPING] OR VICE MAYOR, EXCUSE ME? >> LET'S SEE [INAUDIBLE], I HAVE EMAIL WITH BOB WESSELMAN, MET WITH IRA FENTON, TUCKER FREDRICKSON SAYING HE MET WITH PMC STAFF. [OVERLAPPING] >> YOU NEED TO SPEAK INTO THE MIC. >> I'M SORRY, PARDON ME. OKAY. AN EMAIL FROM BOB WESSELMAN MET WITH IRA FENTON AND TUCKER FREDRICKSON, MET WITH PMC STAFF AT TOWN MAYOR'S OFFICE. EMAILS FROM REBECCA ZIZZLE AND GARY SELLERS, AND EUGENE STEARNS. >> I SPOKE LAST WEEK WITH BOB WESSELMAN AND WE SPOKE ABOUT PUBLIC BENEFIT, AND I SPOKE BRIEFLY WITH KAREN MARCUS AND WITH STAFF, AND WITH OUR ATTORNEY. >> HE'S HAD A COUPLE OF EMAIL CORRESPONDENCE WITH BOB WESSELMAN. >> I'M SURE ALLAN GABRIEL JUST DID RECEIVE SOME CORRESPONDENCE FROM VARIOUS INTERESTED PARTIES IN THIS MATTER. WITH THAT, I'D ASK STAFF AND MEMBERS OF THE APPLICANT AND PUBLIC THAT WISH TO GIVE TESTIMONY, PLEASE STAND AND BE SWORN IN. >> DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IN THIS HEARING IS THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? >> YES, I DO. >> TURN IT OVER TO THE APPLICANT FOR PRESENTATION. >> YES, SIR. THANK YOU. FOR THE RECORD, MY NAME IS MAURICE CRANIUM, SENIOR PARTNER WITH A CDO AND ASSOCIATES. I AM THE AGENT FOR THE APPLICANT OWNER, WHICH IS THE BEARS CLUB BOUNDING PARTNERS, LLC. I DON'T HAVE A POWERPOINT PRESENTATION. I BELIEVE WE'VE HAD THREE OR FOUR BEFORE YOU GUYS, AND YOU KNOW VERY WELL WHAT WE'RE INTENDING TO. CONSTRUCT ON THE SITE OR APPLICATION HASN'T CHANGED. WE'RE STILL PROPOSING THE SAME PUBLIC BENEFITS. BUT IF YOU RECALL, AT THE LAST MEETING, WE HAD STAFF RECOMMENDATION OF APPROVAL. I WAS IN AGREEMENT WITH STAFF RECOMMENDATION OF APPROVAL EXCEPT FOR ONE CONDITION THAT REQUIRE AUTHORIZATION TO ALLOW THE TOWN TO CHANGE THE LAND USE ON THE 15TH ACRE PALM WOULD PRESERVE AND AS WAS REPRESENTED DURING THAT MEETING, I DO NOT REPRESENT THE BEARS CLUB DEVELOPMENT COMPANY WHO IS THE OWNER OF THAT PALMER PRESERVE PROPERTY. WE DID LEAVE HERE AND I DID TELL YOU THAT WE WILL COME BACK AND MAKE SURE THAT THE PUD WAS IN COMPLIANCE. SINCE THAT TIME, YOU HAVE RECEIVED A LETTER FROM EUGENE STEARNS AND I'M GOING TO DEFORM THE REST OF MY TIME TO HIM SO HE CAN EXPLAIN THE RELATIONSHIP OF THE BEARS CLUB DEVELOPMENT COMPANY AND THE BEARS CLUB FOUNDING PARTNERS, AND WHY IT WASN'T POSSIBLE TO COMPLY WITH THAT REQUEST. >> GOOD EVENING, MR. MAYOR, MEMBERS OF THE COUNCIL. EUGENE STEARNS. MY ADDRESS IS TO 250K FLORIDA DRIVE, BISCAYNE FLORIDA. I LIVE IN A VILLAGE COMMUNITY, ALMOST AS NICE AS YOURS. I HAVE A LIGHTHOUSE THAT I GET TO LOOK AT ALSO, AND AS I'M PROUD OF MY COMMUNITY, AS I'M SURE YOU HAVE A RIGHT TO BE PROUD OF YOURS. IN FACT, I SPENT 12 YEARS OF MY LIFE GOING AROUND DADE AND MONROE COUNTY, CREATING TOWN AND VILLAGE GOVERNMENTS. BECAUSE IT'S THIS PROCESS THAT IS THE FOUNDATION OF DEMOCRATIC SOCIETY WHERE PEOPLE COULD LEARN HOW TO RAISE TAXES, HOW TO PROPERLY SPEND THEM, HOW TO MAKE DECISIONS LIKE YOU'RE ASKED TO DO TODAY. HAVING LISTENED TO THE ARGUMENT THAT PRECEDED, I HAD A NUMBER OF THOUGHTS. ONE OF WHICH, DO YOU GET COMBAT PAY FOR THIS JOB? [LAUGHTER] BECAUSE THERE ARE SOME ELEMENTS OF THIS THAT ARE NOT FUN. BECAUSE YOU'RE HAVING TO LISTEN TO PEOPLE WHO ARE ANGRY AND [02:00:01] WHO ARE BRINGING THEIR ANGER TO YOU. THAT IS PART OF THE TERRITORY, BUT IT IS ULTIMATELY RESOLVING THOSE DISPUTES. THAT IS IMPORTANT TO A COMMUNITY AND SOMEONE HAS TO DO IT AND KNOW BETTER PEOPLE THAN YOU ALL. I ALSO LISTENED TO THE DISCUSSION ABOUT, SHOULD PEOPLE VOTE ON THINGS? I'M BRINGING YOU A CIRCUMSTANCE WHERE THE VOTE WAS TAKEN. THE HOMEOWNER MEMBERS OF THIS COMMUNITY, THE BEARS CLUB, VOTED OVER 73 PERCENT OF THE TOTAL POSSIBLE VOTE. IN COUNTING THE PEOPLE THAT DIDN'T BOTHER TO VOTE, 73 PERCENT SUPPORT THIS APPLICATION. MAYBE YOUR STAFF SUPPORTS THE APPLICATION. YOU HAVE GONE THROUGH A PROCESS AND ITERATIVE PROCESS WHERE THE APPLICATION IS BETTER FOR THE COMMUNITY, BETTER FOR THE TOWN, BETTER FOR THE BEARS CLUB BECAUSE OF THE ITERATIVE PROCESS THAT YOU HAVE REQUIRED THE CLUB TO GO THROUGH. WHAT WE'RE LEFT WITH IS A SINGLE HANGER AND A SINGLE HANGER, WHICH BRINGS ME TO THE LAST POINT I WANT TO MAKE WITH YOU IS THE ISSUE OF PRECEDENT. THERE'S PRECEDENT WHEN YOU HAVE DISCRETION AND YOU'RE QUASI JUDICIAL ROLE, WHERE YOU'RE GOING TO WEIGH AND BALANCE THE ISSUE ALMOST LIKE A JURY, IS MORE LIKELY TRUE THAN NOT. BUT HERE ARE THE PRECEDENT IS YOU HAVE A CODE AND THE CODE IS NOT AMBIGUOUS. IT'S QUITE CLEAR. THE CODE SAYS THAT YOU CAN AND PROBABLY SHOULD DENY AN APPLICATION TO MODIFY A POD IF THE APPLICANT IS THE SAME PERSON, SAME ENTITY, THAT IS IN VIOLATION OF THE POD. IT'S REALLY A VERY BRIGHT LINES SIMPLE ANALYSES, ANALYSIS THAT DEFIES DISCRETION, IS THE PARIS CLUB IN VIOLATION OF THE PUD? THE ANSWER IS UNEQUIVOCAL, IT IS NOT. THE BEARS CLUB, JUST TO BE CLEAR, IS AN ENTITY THAT WAS PURCHASED BY 35 INDIVIDUALS WHO ARE EACH EQUAL OWNERS OF THE BEARS CLUB AND THEY BUILT THAT CLUB AND THAT GOLF COURSE, ACTUALLY A NINE WHOLE COURSE ALSO. IT'S ONE OF THE BEAUTIFUL GOLF COURSE. I MUST SAY, HOWEVER, YOU HAVE MORE GOLF COURSES ON DONALD ROSS ROAD FOR ABOUT THREE MILES THAN WE HAVE IN ALL OF DADE COUNTY, FLORIDA. I ENVY YOU FOR THE QUALITY OF YOUR GOLF CLUBS. THEY ARE JUST SPECTACULAR AND THE BEARS CLUB CERTAINLY IS NEAR THE TOP OF THE LIST, IF NOT THE TOP OF THE LIST. IT'S A BEAUTIFUL FACILITY, EXTRAORDINARILY, WELL-MAINTAINED, AND IT'S BEING SUPPORTED BY A VERY SMALL NUMBER OF HOMEOWNERS. BECAUSE WELL, THE APPROVAL, THE DENSITY THAT COULD HAVE BEEN THERE WAS WHAT? TWO THOUSAND HOMES. YOU'VE GOT 80 HOMES AND ANOTHER 30 TOWNHOUSES AND NOW THAT DISCUSSION IS TO ADD THREE MORE. NOW, YOU HAVE AN ISSUE. I'M NOT GOING TO TELL YOU IT'S NOT A LEGITIMATE ISSUE BECAUSE IT'S A LEGITIMATE ISSUE IF YOU THINK IT IS ABOUT WHETHER THE DEVELOPMENT COMPANY HAS SOME DUTY TO YOU WITH REGARD TO 15 ACRES THAT THE CLUB DOES NOT OWN, DOES NOT CONTROL, HAS NO INVOLVEMENT IN DIRECTLY OR INDIRECTLY. IT'S NOT. IT CAN'T SOLVE THE PROBLEM. MR. WESSELMAN LEFT THE MEETING HERE LAST TIME HE WAS WITH YOU AND SAID, "I WILL GO SOLVE THAT PROBLEM." BUT HE CAN'T BECAUSE HE DOESN'T CONTROL THE ANSWER. BECAUSE THINK OF IT THIS WAY, THERE'S ONE COMMON OWNER WHO HAS AN INTEREST IN THE CLUB AND IS INTERESTED IN THE DEVELOPMENT COMPANY, AND HE'S A VERY FAMOUS GOLFER, VERY RESPECTED GENTLEMAN, GREAT FAMILY. HE SITS ON BOTH SIDES OF THE TABLE. HE OWNS ONE-THIRD PHASE OF THE CLUB, AND HE OWNS A MINORITY OF THE DEVELOPMENT COMPANY, BUT A LARGER PERCENTAGE. HE'S NOT A DEVELOPER IN LEGITIMATE SENSE. HIS NAME IS THERE, HIS MONEY WAS THERE BUT THE THREE GENTLEMEN WHO DEVELOPED IT WERE: BOB WHITLEY, TUCKER FREDRICKSON, AND IRA FENTON. THEY DEVELOPED IT AND TO THE EXTENT THERE'S ANY ECONOMIC VALUE IN THE 15 ACRES, THEY OWN IT, AND JACK NICKLAUS CAN'T GO AND SAY, "I GOT MY CLUB HAT, AND NOW MY CLUB HAD HIS BEST SERVE BECAUSE THE TOWN COUNCIL WANTS ME TO DO SOMETHING." HE CAN'T GO OVER AND TELL THE GENTLEMAN WHO ARE HIS PARTNERS. HE HAS A DUTY TO BOTH AND HE CAN'T FAVOR ONE OVER THE OTHER, AND THEREFORE, WHAT HE CAN SAY IS, WHEN THE TIME COMES FOR THE VARIOUS CLUBS DEVELOPMENT CORPORATION TO ASK YOU TO DO ANYTHING WITH THE 15 ACRES, YOU GET TO SAY YES OR NO. YOU GET TO NEGOTIATE. YOU GET TO SAY YES, BUT OR NO, BUT, YOU GET THAT CHOICE. NOW, YOU HAVE A PROJECT IN FRONT OF YOU, IT'S OVERWHELMINGLY APPROVED BY THE RESONANCE. THAT IS OPPOSED, NOT BY THE WAY. THERE IS A PERSON WHO SPENT A LOT OF TIME FIGHTING WHAT JACK NICKLAUS WANTS TO DO BUT HE [02:05:05] DOESN'T ADDRESS THE MERITS OF WHAT'S WRONG WITH THIS PARTICULAR APPLICATION. HE'S ADDRESSING THE PROCESS. BUT IF YOU LOOK AT THE PROCESS, THE BRIGHT LINE THAT'S IN FRONT OF YOU IS CODE SECTION 27-7. THE CODE SECTION 27-7 SAYS, "IF THE REQUEST OR APPLICATION PERTAINS TO PROPERTY OR DEVELOPMENT OWNED BY THE SAME PROPERTY OWNER, YOU CAN SAY NO." BUT THAT ISN'T THE CASE HERE, AND SO WHAT YOU ARE IN A CIRCUMSTANCE IS YOU WOULD BE ESTABLISHING A PRECEDENT IF YOU VIOLATE YOUR OWN CODE BY IMPOSING A RESTRICTION THAT OTHERWISE LITERALLY DOESN'T EXIST ON THE FACE OF THE CODE AND SO YOU'RE GOING TO GET YOUR CHANCE ON THE 15 ACRES IF IT EVER ARISES HERE. I THINK YOU SAW MR. FENTON'S LETTER AND SAID IT'S SUBJECT TO A CONSERVATION EASEMENT IN FAVOR OF THE COUNTY, NOBODY CAN TOUCH THAT LAND, PERIOD, UNLESS THAT CONSERVATION IS MODEST CHANGE. IF YOU WANT TO HAVE A MEETING LIKE WE JUST OBSERVED AND SAY NO, THE ANSWER IS NO. BUT DON'T HOLD UP AN APPLICATION THAT IS IN THE BEST INTEREST OF THE TOWN, THE BEST INTEREST IN THIS COMMUNITY. NO ONE IS OPPOSED IT ON THE MERITS OF THE APPLICATION AND EVEN THE ARGUMENT THAT'S BEING MADE, THAT THERE'S AN APPEAL PENDING. IF YOU DEFER TO PEOPLE WHO HAVE THE MONEY TO HIRE LAWYERS AND FILE LAWSUITS, WHO FILE MOTIONS FOR A JUNCTION AND LOSE, AND THEN YOU'RE NOT GOING TO ACT ON IT BECAUSE IT'S ON APPEAL, THEN WHAT YOU'RE SAYING IS THAT PEOPLE WITH THE FINANCIAL WHEREWITHAL TO RUN INTO COURT HAVE A BETTER ACCESS TO THE SYSTEM THAN THE PEOPLE THAT DON'T HAVE THAT WHERE WITH ALL, AND THAT'S A TERRIBLE PRECEDENT. ALL I WILL SAY TO YOU IS THIS, IT'S THE BOTTOM LINE AND I WOULD RESERVE MY TIME IF I MAY, IS, THIS APPLICATION ON ITS OWN MAKES SENSE FOR EVERYBODY, AND IT SHOULD BE APPROVED IN THE CONDITION THAT IS BEING IMPOSED OR SUGGESTED BY STAFF, SHOULD BE IMPOSED ON THE DEVELOPER, NOT THE CLUB. THEY CAN'T SOLVE THE PROBLEM. THANK YOU. >> GOOD EVENING, TOWN COUNCIL. FOR THE RECORD, PETER MYERS, SENIOR PLANNER OF STAFF. I'M GOING TO GO OVER SOME HIGHLIGHTS OF THE APPLICATIONS BEFORE YOU. THERE ARE THREE APPLICATIONS UNDER CONSIDERATION BY YOU TONIGHT. FIRST IS ORDINANCE 2-22 TO AMEND THE OVERALL BEARS CLUB PUD TO AMEND THE MASTER PLAN RELATED TO OPPOSE DEVELOPMENT IN PHASE 1B. THE CLUBHOUSE AND COLLEGE SITE TO ONE CHANGE 9,236 SQUARE FEET OF LAND FROM RESIDENTIAL RECREATION TO ALLOW FOR A FREESTANDING CENTER, AND TO REQUEST WAIVERS WITHIN PHASE 1B. TO REDUCE FRED SETBACKS FOR BUILDINGS, PATIOS, POOLS, INCREASED LUCK COVERAGE, REDUCED MINIMUM LOT AREA, ALLOW A SIX-FOOT TALL WALL WITHIN THE FRONT YARD, AND REDUCE THE PARKING RATIO FOR THE EXISTING CLUB USES. STAFF RECOMMENDATION IS SUBJECT TO THE CONDITIONS OF APPROVAL AS CONTINGENT UPON TOWN COUNCIL'S APPROVAL OF THE WAIVERS AND PUBLIC BENEFITS ARE PROPOSED BY THE APPLICANT. IF THE ORDINANCE IS APPROVED. THE SECOND APPLICATION IS A SITE PLAN TO CONSTRUCT A FREESTANDING CLUBHOUSE FITNESS CENTER SUBJECT TO CONDITIONS OF APPROVAL IN RESOLUTION 7-22 AND THE APPROVAL OF THE WAIVERS. THE THIRD APPLICATION IS FOR A SITE PLAN TO CONSTRUCT THREE RESIDENTIAL DUPLEX BUILDINGS WITH A TOTAL OF SIX DWELLING UNITS SUBJECT TO THE CONDITIONS IN 5-22 AND THE APPROVAL OF THE PUD WAIVERS. ON SEPTEMBER 22, TOWN COUNCIL HAD APPROVED THIS APPLICATION ON FIRST READING AND WAS SCHEDULED TO SUBSEQUENT MEETINGS. SOME WERE CONTINUED. I WILL GO THROUGH ALL THE DETAIL OF EACH MEETING. BUT AS INDICATED THAT THE STAFF HAD RECOMMENDED NOT TO TAKE ACTION ON THE ITEMS UNTIL THE PUD IS IN COMPLIANCE WITH CONDITION 3D1, THE EFFICACY. ON THE LAST MEETING BEFORE THE APP HERE TO RISE UP PUBLIC BENEFITS TO PROVIDE $50,000 TOWARDS DESIGN AND DEVELOPMENT OF THE TOWN GREEN. ALSO, THE INCREASE IN NUMBER OF TREE TO BE PLANTED ON FREDERICK'S SMALL ROAD TO 42 TREES. [02:10:02] COUNCIL MEETING IN JANUARY 17 DECIDED WAS CONTINUED TO THIS MEETING. THEN SINCE THAT MEETING, AS YOU'D KNOW THAT THE ITALIANS EAT A LETTER FROM THE ATTORNEY REGARDING THE OWNERSHIP OF THE PARTIES, AND FINALLY, WE RECEIVED A LETTER ON FEBRUARY 20TH WAS EMAILED TO THE COUNCIL FROM SEX, SEX KAPLAN VIA EMAIL TO SAVE YOU MONEY OR TIME FOR REBUTTAL. >> LET ME TURN IT OVER TO COUNCIL. ANY QUESTIONS? >> NO. >> ANY PUBLIC COMMENTS? >> YES, ONE, REBECCA THISTLE. >> GOOD EVENING, REBECCA'S, THISTLE SEX, SEX KAPLAN. TO SUMMARIZE BRIEFLY, THE INFORMATION CONTAINED IN OUR LETTER. WE'RE CONCERNED ABOUT THIS PUD AMENDMENT, WHILE THERE'S AN ACT OF VIOLATION, THE COUNCIL EXPRESS THESE CONCERNS LAST MONTH AND NOTHING HAS CHANGED SINCE THAT MEETING. MR. STERN'S LETTER DIDN'T PROVIDE ANY ADDITIONAL INFORMATION ON OWNERSHIP OR CONTROL PERCENTAGES WHICH WERE OUTSTANDING ISSUES AFTER STAFF'S INITIAL REQUEST, MR. FENTON'S LETTER CONFIRMS THAT DEVCO HAS NO INTEREST IN COMPLYING WITH THE CONDITION OF APPROVAL. THIS CONDITION WAS IMPOSED IN 1998, WHICH WAS FIVE YEARS AFTER THE ORIGINAL CONSERVATION EASEMENT. THERE'S BEEN A LOT OF TALK ABOUT HOW THE CONSERVATION EASEMENT WILL PROTECT THE LAND OR THAT THEY WOULD HAVE TO COME BACK AGAIN TO THE TOWN COUNCIL. I THINK THE CONDITION WAS PLACED THERE EVEN WITH THE EASEMENT. OBVIOUSLY, THE COUNCIL IN 1998 FOUND SOME REASON TO PUT THAT THERE. THE OTHER ISSUE TONIGHT, JUST TO SPEAK BRIEFLY, IS WHEN MR. STERN SPEAKS ABOUT 27/7 AND THAT BEING A BRIGHT LINE AND THAT IT WOULD DEFY DISCRETION TO CONSIDER THESE THE SAME COMPANIES. I'D LIKE TO JUST BRING UP AGAIN THAT THE CLUB WHO'S THE APPLICANT TONIGHT DID ACTUALLY ORIGINALLY HAVE FROM THE NORTHERN PALM BEACH IMPROVEMENT DISTRICT. THEY WERE ONE OF THE RECIPIENTS OF THAT LAND WHEN IT WAS TRANSFERRED BACK IN 2015 AND THEY QUIT CLAIMED IT TO THE TWO DEVCO IN JUST A QUITCLAIM DEED SEEM TO BE PHENOMENAL CONSIDERATION. THIS ISN'T A TOTALLY UNRELATED ENTITY. I DON'T THINK THERE'S ANY LANGUAGE IN 27/7 THAT ESTABLISHES SUCH A BRIGHT LINE OR TO DEFY DISCRETION. NO ONE HAS SAID THAT YOU CAN'T CONSIDER THIS AT THIS POINT. IF YOU'RE CONSIDERING IT, THE APPLICANT HAS DECIDED THEY DON'T WANT TO WAIT TO SEE IF DEVCO WILL COMPLY. I'D ALSO LIKE TO JUST MENTION THAT THIS CHARACTERIZATION THAT IT WOULD BE ON THE CLUB TO FORCE DEVCO TO COMPLY OR AS MR. FENTON PUT IT ALMOST ACTING IT'S A NEW CONDITION THAT THEY WOULD FORCE ON THEM. IT'S REALLY NOT ON THE CLUB TO FORCE ANYONE ELSE TO DO ANYTHING, EVEN THOUGH AN UNRELATED ORDER IN THIS CASE, A RELATED ENTITY ISSUE IS THAT THEY DON'T COMPLY AND THAT THERE ARE OPTIONS THERE ARE TO EITHER DEED IT OVER OR TO COME BACK AND TRY TO AMEND THOSE CONDITIONS OF APPROVAL THAT I NOTICED. THAT'S THE NEXT ITEM ON YOUR AGENDA TONIGHT. I DON'T KNOW THE DETAILS, BUT IT'S SOMEONE ASKING TO AMEND CONDITIONS OF APPROVAL. I THINK THAT EXISTS AND I JUST WANTED TO BRING THOSE POINTS BACK TO YOUR ATTENTION. THIS IS A VERY MURKY SITUATION WITH CORPORATE OWNERSHIP AND TO OWNERS. JUST AS YOU HAVE TO CONSIDER THAT THEY'RE NOT THE SAME, IDENTICAL ENTITY, THEY ARE RELATED. THERE IS A LOT GOING ON THERE WITH COMMON OWNERSHIP AND CONTROL THAT HAS BEEN ADMITTED UNDER OATH. THANK YOU. >> DOES THE APPLICANT HAVE ANY CLOSING COMMENTS, REBUTTAL? >> YES. THANK YOU, MR. MAYOR. FIRST OF ALL, WE HAVE ANSWERED THE QUESTION IN WRITING. I'M AN OFFICER OF THE COURT AND EXPLAIN WHAT THE PERCENTAGE OWNERSHIPS ARE. MR. JACK NICKLAUS IS THE ONLY COMMON OWNER. HE OWNS ONE, THREE-FIFTHS OF THE BEARS CLUB, END OF THE STORY. HE OWNS A MINORITY INTEREST, BUT A SIGNIFICANT MINORITY INTEREST OF THE DEVELOPMENT COMPANY IN THE INDUSTRY PARTNERS THROUGH CORPORATE ENTITIES. THAT'S THE OWNERSHIP RELATIONSHIP. HE DOES NOT HAVE THE ABILITY, IF HE ACTS HONORABLY, TO INSTRUCT PEOPLE ON ONE SIDE TO GIVE UP TO PROVIDE A BENEFIT TO SOMEONE ON THE OTHER. WHATEVER THE MOTIVES, HE HAS A DUTY TO BOTH ENTITIES, AND THEREFORE HE CANNOT DO WHAT IS BEING ASKED OF HIM. WHAT YOU FIND YOURSELF IN TERMS OF PRECEDENT, FOR EXAMPLE, 27-7 IF YOU ESTABLISH A PRECEDENT THAT WITHIN A PUD IF A PROPERTY OWNER COMES TO YOU AND SAYS, [02:15:03] WE HAVE A LEGITIMATE CONCERN FOR CHANGE, IT'S OVERWHELMINGLY SUPPORTED BY THE RESIDENTS. BUT BECAUSE THE DEVELOPER HAS SOME VIOLATION, WHAT PRECEDENT IS THAT? IT'S GOT TO BE SAUCE FOR THE GOOSE AND SAUCE FOR THE GANDER. THE RULE IS CLEAR. IT IS A BRIGHT LINE, 27-7 IS BRIGHT. IT IS CLEAR. IT'S PROPERTY OWNER AND PROPERTY OWNER. IT'S NOT PEOPLE THAT HAVE SOME DISTANT RELATIONSHIP. LET'S BE CLEAR. EVERYBODY IN THE BEARS CLUB ONE WAY OR ANOTHER HAS SOME PART OF THE JACK NICKLAUS NAME. YOU DON'T BUY IN THAT COMMUNITY, AND SURPRISE YOURSELF THAT JACK NICKLAUS IS PART OF THAT COMMUNITY. IT IS THE BEARS CLUB. JACK NICKLAUS IS ALL OVER THAT COMMUNITY. THAT'S WHY PEOPLE CHOSE TO LIVE THERE. BECAUSE OF THAT ASSOCIATION. BUT EUROPE FACED WITH A VERY SIMPLE PROPOSITION THAT SHOULDN'T BE MADE DIFFICULT RESPECTFULLY, BY JUST SIMPLY FOLLOWING THE CONE. THE RESIDENTS WANT THIS CHANGE. THE COMMUNITY WANTS IT, IT'S IN THE BEST INTERESTS OF THIS TOWN. YOU'LL OBVIOUSLY INCREASE YOUR TAX REVENUES AT A TIME WHEN TAX REVENUES ARE NOT UNIMPORTANT. THE BEARS CLUB COMMUNITY WILL HAVE MORE HOMEOWNERS, THREE MORE TO SUPPORT THE PLA WITH A SMALL NUMBER OF MEMBERS THAT THEY HAVE TO SUPPORT IT, THE LEVEL THEY SUPPORT IT, IT'S ALL GOOD. YOU HAVEN'T HEARD A SINGLE WORD, NOT A WORD OF WHAT'S WRONG WITH THE APPLICATION. WHAT'S WRONG WITH IT? THREE UNITS AND A FITNESS CENTER. WHAT'S WRONG WITH IT? NOT A WORD OTHER THAN A PROCEDURAL DIFFICULTY. THAT IS ANSWERED PROCEDURALLY BY SIMPLY READING THE CODE. RESPECTFULLY, THIS HAS GONE A LONG TIME. I'LL ASK WHEN I SAY PEOPLE HAVE PUT DOWN DEPOSITS TO BUY THESE UNITS AND THEY CAN'T WAIT FOREVER. A LOT OF TIME AND MONEY AND ENERGY HAS BEEN PUT INTO THIS, AND THEY'RE YOUR CITIZENS. THEY'RE THE PEOPLE THAT EXPECT THAT REASONABLE INTELLIGENT DECISIONS WILL BE MADE. THE PROJECT CAN MOVE FORWARD. THIS IS OVERWHELMINGLY SUPPORTED BY THE COMMUNITY. THANK YOU. >> STAFF. >> THANK YOU, MAYOR JOHN STICKLER. FOR THE RECORD, I WANTED TO MAKE IT CLEAR THE ISSUE OF 27-7. IT'S REALLY NOT AN ISSUE BECAUSE THE PROCESS HAS NOT BEEN HALTED. THE APPLICATION IS HERE IT'S BEFORE YOU FOR CONSIDERATION. THE PURPOSE OF THAT PRESERVED PROVISION IN THE CODE IS TO NOT ACCEPT OR PROCESS AN APPLICATION. THAT WAS A RECOMMENDATION THAT WAS MADE TEMPORARILY DURING THE PROCESS BACK IN OCTOBER. BUT SUBSEQUENT TWO MORE INFORMATION BEING RECEIVED, WE PUT THAT BACK ON THE AGENDA FOR YOUR CONSIDERATION. I WOULD ALSO LIKE TO MAKE IT CLEAR THE APPLICANT HAS RIGHTS TO DEVELOP THE PROPERTY WHICH IS SUBJECT TO CONSIDERATION. WHERE THE TWO RESOLUTIONS THAT ARE BEFORE YOU TONIGHT. HOWEVER, THEY WANT SOMETHING DIFFERENT THAN WHAT IS ALLOWED PURSUANT TO THE PLANNED UNIT DEVELOPMENT. FOR THOSE REASONS, THE ISSUE THAT THE OVERALL PUD IS NOT IN COMPLIANCE RELATED TO THE PALM WOULD PRESERVE IS WHY THAT ISSUE HAS BEEN BROUGHT UP. THANK YOU. >> COME BACK TO COUNCIL FOR DELIBERATIONS AND I'LL JUST BEGIN THAT. FIRST OF ALL, I THINK COLLECTIVELY, WE HAD DISCUSSED ISSUES WITH THE APPLICATION AND THEY WERE IN THE PROCESS OF BEING RUSHED ALONG BETWEEN THE FIRST HEARING AND THE SUBSEQUENT SLIDE. I DO THINK, WE ALL DID HAVE MAYBE TO DIFFERENT DEGREES ISSUES. >> I'M EXTREMELY BOTHERED BY THE FACT THAT THE DEVELOPER NOT ONLY, I MEAN, WE'VE MADE IT, IT WAS A CLEAR OBLIGATION THAT THE DEVELOPER HAD TO DEDICATE TO THE TOWN OR SUCH GOVERNMENTAL ENTITY AS DESIGNATED BY THE TOWN, ALL PRESERVE AREAS INCLUDING WETLANDS. NORTHERN HAS BEEN AN ENTITY THAT HAS SERVE THAT PURPOSE FOR QUITE SOME TIME. IT'S DISTURBING TO ME THAT THE QUITCLAIM DEED FOR TEN BUCKS, 15 ACRES, I LIVE ON A PERTURBED BY NORTHERN. I'M REALLY TROUBLED BY THAT. BUT FURTHER, WE NOW HAVE THAT SAME AND I APPRECIATE THE APPLICANT CLEARING THINGS UP FOR US WITH REGARD TO WHO'S WHO. [02:20:05] THAT HAS HELPED US TO UNDERSTAND BUT AND I APPRECIATE THE EFFORTS ON THE APPLICANT TO TRY TO GET COMPLIANCE WITH THE DEVELOPMENT ORDER. BUT WE GOT A LETTER FROM THE DEVELOPER. IT SAYS NO, THEY KNOW THEY'VE TAKEN IT, OWNERSHIP OF IT, AND THEY HAVE INTEREST IN DEVELOPING THAT, AND THAT'S WHY THEY'RE PURSUING THAT WILL LET THE VERY REASON WHY THE TOWN AND MADE A CONDITION THAT WAS NOT TO BE HELD BY A DEVELOPER, IT WAS TO BE HELD BY ANOTHER ENTITY OTHER THAN THE COUNTY TO BRING CERTAINTY IN THE TOWN AND ITS RESIDENTS, THAT PRESERVE AREA WAS NOT GOING TO BE DEVELOPED. I'M REALLY TROUBLED BY THAT. I CAN'T SEPARATE THE TWO. I HAVE SOME IDEAS, BUT I BELIEVE THE COUNCIL NOW, KNOWING WHAT WE NOW KNOW, HAVE TO PURSUE SOME TYPE OF ACTION TO BASICALLY MAKE SURE THAT THE INTENT OF THE DEVELOPMENT ORDER THAT THAT IS PERPETUALLY PRESERVED IS DONE. WITH THAT ANYBODY WHO WANTS TO COMMENT NEXT ON THAT. >> I COMPLETELY AGREE WITH YOU MAYOR, AND I WOULD SAY THAT IT'S NOT TRUE THAT WE HAVEN'T DISCUSSED THE MERITS OF THE PROPOSAL AND THERE HAVE BEEN THINGS THAT HAVE COME UP BOTH IN PLANNING AND ZONING, WHICH PASSED ONE ITEM BUT WASN'T ABLE TO PASS THE OTHER. THE DUPLEXES, MY OWN COMMENTS ON THE MASSING OF THE BUILDINGS, ISSUES WITH PRECEDENT, WITH REGARDS TO SET BACKS ALL OF THOSE PART OF THE PUD AMENDMENT PROCESS. THERE ARE A LOT OF CHALLENGES WITH THE PROPOSAL IN THE BEGINNING. BUT THEN BETWEEN THE TWO, THIS CAME TO LIGHT, AND IT IS REALLY HARD TO GET PAST. IT'S BEEN A PART OF THE YEAR COMPREHENSIVE PLAN AMENDMENTS THAT WE'VE BEEN WORKING THROUGH WHERE OUR MAYOR SAID, IT'S THE INTENTION OF THIS COUNCIL TO TRY TO PRESERVE LANDS AND LOOK AT LAND USE FOR CONSERVATION. THAT'S WHAT LED TO THIS COMING TO LIGHT, WAS DISCUSSION OF PUBLIC BENEFIT, AND COULD THIS POTENTIALLY BE INCLUDED AS PUBLIC BENEFIT? TO ME, THE PUD IS NOT IN COMPLIANCE, AND SO IT'S SIMPLE FOR ME. I THINK THE APPLICANT HAS BEEN WORKING FOR SOME TIME TO BRING THIS FORWARD. WE SHOULD, AS A MATTER OF PROCESS, MAYBE LOOK AT ALLOWING THEM TO WITHDRAW THE APPLICATION IF THEY'D LIKE TO. BUT I CERTAINLY WON'T SUPPORT THIS, AND WANT TO CONTINUE TO LOOK AT HOW WE'RE GOING TO BRING ABOUT A CURE. >> I SUGGEST BY THE WAY, ONE OPTION IS TO CONSIDER TABLING IT BECAUSE I DON'T THINK WE WANT TO DENY, BUT HOPING YOU'RE AGREEING WITH INABILITY TO PROCESS IT. >> I AGREE, AND EVEN BETWEEN THE TWO BECAUSE IT WAS CONTINUED A COUPLE OF TIMES. I THINK WE ALL HAD A PUBLIC MEETING. I'M A RESIDENT OUTREACH WITH ADMIRALS CODE FOR WALL HEIGHT CAME UP BY MANY RESIDENTS. THERE ARE A LOT OF THINGS TO LOOK AT. THERE ARE A LOT OF WAIVERS. I THINK ALL OF THE WAIVERS WITH THIS PUD COMBINED WITH THE NONCOMPLIANCE. I MEAN, IT'S REALLY HARD FOR ME TO GET BY. >> I DON'T RECALL THEM ANOTHER APPLICATION GRANTING ALL THESE WAIVERS, BUT I'VE SAID IN THE PAST AND I RECORD THAT THESE GUARDED GATED COMMUNITIES LIKE A LITTLE MORE LEEWAY BECAUSE THEY ARE CONFINED AND IT'S THEIRS AND THEY DO IT USUALLY DO A TASTEFULLY, BUT WITH ALL THE FORTHCOMING INFORMATION FROM THE LAST APPROVAL, THE PROPERTY IS NOT IN COMPLIANCE AND I CAN'T SUPPORT VOTING FOR THIS, BUT I THINK WE NEED TO HONOR THE DECISION OF THE COUNCIL OF 1998 WITH WHAT THEY PASS WITH THAT PRESERVATION AND ALL THAT, WITH ALL INVOLVED IN THAT. I'M JUST NOT COMFORTABLE BEING IN FAVOR OF THIS CURRENT APPLICATION. >> GUESS I HAVE A QUESTION. IT'S LIKE, WELL, HOW DO YOU FIX IT? BECAUSE THE PUD ORIGINALLY IS AWARDED TO ONE ENTITY AND THEN YOU HAVE A DIFFERENT ENTITY ASKING TO DO THE FITNESS CENTER. THE COTTAGES SO WHAT'S THE SOLUTION? HOW DO YOU GET TO PROTECTING THE 15 ACRES AND THEN ALSO ALLOWING BEARS CLUB TO GO FORWARD WITH THE PROJECT THAT THE RESIDENTS SUPPORT? I'M JUST NOT SURE WHAT THE ANSWER IS. >> I THINK IN LIGHT OF THE FACT THAT THE APP DEVELOPER HAS CLEARLY [02:25:01] INDICATED THAT HE TOOK BACK THE 15 ACRES FOR 10 BUCKS WAS AN INTENTION TO DEVELOP IT. WE'RE MOVING THE DOUBLE PROTECTION ON THAT PROPERTY. I THINK WE NEED TO PROCEED WITH LAND USE ZONING CHANGE TO MAKE SURE IT HAS VERY CLEARLY FOR EVERYBODY, INCLUDING THE DEVELOPER TO KNOW IT'S NOW COUNCIL HAS PUT IT IN A PRESERVATION, LAND USE AND ZONING. >> YOU'RE ASSESSING WITH TABLE AT IT UNTIL WE CHANGE THE ZONING? >> THAT BE MY SUGGESTION. >> I THINK WE TABLE AND WHILE WE ATTEMPT TO FIND A WAY TO CARE, I DON'T KNOW. >> WE MAY HAVE MORE DISCURSIVE PART THAT I UNDERSTAND THAT, BUT I'M JUST SUGGESTING THAT'S ONE WAY. >> YEAH. I JUST WANTED TO WOULD WANT TO MAKE SURE THAT THERE WAS LIKE A SOLUTION BECAUSE I WOULDN'T WANT TO TABLE IT AND THEN FIND OUT THERE'S NO WAY TO FIX THE ISSUE, AND THEN YOU HAVE EVERYBODY JUST HANGING THERE WAITING TO FIGURE OUT WHETHER THEY CAN GO FORWARD WITH THEIR PROJECT. IF WE'RE GOING TO TABLE IT, THEN TO ME THERE NEEDS TO BE A PATH FORWARD TO SOLVE THE ISSUE. >> IT WOULDN'T BE FAIR TO PALM BEACH COUNTY IF WE'RE HEARING THERE'S ACTIVE CONVERSATION GOING ON ABOUT TRANSFER OF CONSERVATION EASEMENT. IT WOULDN'T BE FAIR TO PALM BEACH COUNTY TO LET THEM KNOW THAT DON'T COUNT ON THAT BECAUSE THE TOWN HAD SHIFTED ASIDE AS PRESERVE AS PART OF A DEVELOPMENT ORDER AND IT'S OUR INTENTION TO KEEP IT THAT WAY. >> I AGREE. I THINK WE NEED TO NOTIFY THE COUNTY. >> I MEAN, I'VE SAID ALL ALONG I DON'T WANT TO DENY THIS PROJECT BECAUSE I THINK IT'S A GOOD PROJECT FOR YOU GUYS THAT BRINGS IT IN GOOD REVENUES FOR EVERYBODY. BUT JUST HEARING WHAT I'M HEARING NOW IT'S UP TO YOU GUYS WHETHER YOU WANT TO PROCEED AND LET US TABLE IT TO FIGURE THIS OUT AND TRY TO WORK THROUGH IT OR, YOU KNOW. >> MAY I SPEAK. >> YEAH. >> WE WOULD SUPPORT TABLING HAVING HEARD THE DISCUSSION TONIGHT AND THANK YOU FOR YOUR TIME. >> CAN I HAVE A MOTION? >> MOTION TO CONTINUE THE ITEM? >> SECOND. >> ON DISCUSSION, WHAT WAS THE MOTION? >> TO CONTINUE THE ITEM. IF WE MAKE A MOTION THAT WENT I THINK WE DO NEED AN ATTORNEY. DO WE NEED A DATE, CERTAIN NON CONTINUING. >> IT WOULD BE GOOD TO HAVE SOME APPROXIMATE PERIOD OF TIME FOR WHEN YOU WOULD WANT TO HAVE THIS COME BACK. >> ALTERNATIVELY IS IT A ALTERNATIVE MOTION ON A TABLE? THEN THAT LEAVES IT WITH LESS CERTAINTY, BUT WHICH IS THE PREFERRED. >> WELL, YOU COULD MOVE TO TABLE IT. >> THERE'S MOTION ON THE FLOOR IN A SECOND, BUT I'D ASK IF THERE'S A CONSIDERATION. >> I WITHDRAW THE MOTION. I SEE A GENTLEMEN HERE LOOKING TO SPEAK, PERHAPS THEY CAN HELP. >> COULD I SUGGEST TABLING TO A TIME CERTAIN AND ADVERTISING AGAIN TO THAT TOP START, RESOLVING AN ISSUE OF NOTICE TO THE PUBLIC. >> TIMEFRAME. >> WELL, HOW MUCH TIME DO WE THINK? >> WELL, THERE ARE TWO WAYS TO SOLVE THE PROBLEM, IF I MAY. ONE WAY IS TO GET THE DEVELOPER TO DO SOMETHING OR TWO YOU CAN DO SOMETHING, BUT IF YOU'VE TABLE IT TO A TIME CERTAIN THAT THE ISSUE IS ALIVE, PEOPLE CARE ABOUT THIS PROJECT. THIS IS NOT AN ACADEMIC ISSUE, AND SO AT LEAST IT LEAVES TIME FOR PEOPLE TO ADDRESS AND SOLVE THE PROBLEM BECAUSE PEOPLE WOULD LIKE THIS TO GET GOING, AND SO JUST PROCEDURALLY THAT IT SEEMS TO ME A POSTURE THAT ALLOWS THE CONVERSATION TO GO FORWARD TO SOLVE THE PROBLEM, WHICH I THINK IS WHAT SOME OF YOU, IF NOT ALL OF YOU WANT. >> DO YOU HAVE A PREFERRED DATE? >> WELL. >> I'M JUST CURIOUS, WHAT IS IT? >> IF YOU PUT IT OUT TWO MONTHS, FOR EXAMPLE THAT AND UNDERSTAND, WE HEAR YOU LOUD AND CLEAR. WE HEAR YOUR VIEWS AND WE RESPECT OBVIOUSLY YOUR ELECTED OFFICIAL. YOU ARE IN A SENSE WEARING THE ROBES AND SO WE HAVE TO LIVE WITHIN WHAT YOU SAY. BUT IN TERMS OF SOLVING THE PROBLEM TOO MUCH, IT SEEMS TO ME WOULD GIVE US TIME TO SOLVE THE PROBLEM IF IT CAN BE SOLVED. >> THANK YOU. I THINK THAT THE NEXT STEP SO WE NEED A MOTION TO SECOND AND SUPPORT TO TABLING IT TO SOME POINT CERTAIN THAT THE APPLICANT ASK FOR TABLE AS OPPOSED TO A CONTINUED EXPECTING TO HAVE TO ADVERTISE. THAT'S WHAT I HEARD. BUT I THINK WE'RE GOING TO NEED TO GET WITH STAFF. THIS ISN'T THE PLACE TO DO IT. I'LL CONNECT. WE WOULD ASK HER TOWN MANAGER TO GET WITH STAFF AND LET US INDIVIDUALLY KNOW THE TIME PROCESS INVOLVED ON THE PATH THAT WE HAD TALKED ABOUT. [02:30:04] IT DOES FIT THE ITEM WE'VE BEEN TALKING ABOUT ON LAND USE AND WHAT HAVE YOU. THEN WE WOULD SET A DATE NOW, CERTAINLY WITHIN TWO MONTHS, WE WOULD BE MUCH MORE INFORMED MUCH MORE AWARE OF THE TIMING BECAUSE I WOULD EXPECT WE WOULD HOPEFULLY MAKE PROGRESS TOWARDS THAT GOAL. >> SURE. >> CAN I HAVE A MOTION? >> MOTION TO CONTINUE THE ITEM FOR 60 DAYS? >> SECOND. >> ANY DISCUSSION? SEEING NONE ALL IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. [OVERLAPPING] >> MOTION CARRIES 5-0. [NOISE] >> MAYOR, JUST TO GIVE YOU A HEADS-UP. I GOING TO LEAVE IN ABOUT 15 MINUTES TO GET BACK TO THE FIRE STATION SO IF WE'RE NOT DONE IN THAT TIME FRAME, PLEASE EXCUSE ME IF I [OVERLAPPING] HAVE TO LEAVE. >> THANK YOU FOR LETTING US KNOW THAT. WHERE DID I STICK MY AGENDA? [BACKGROUND] >> DO YOU WANT THE AGENDA? >> I HAVE ANOTHER ONE, BUT I HAVE MINE MARKED OUT. [LAUGHTER] [BACKGROUND] MOVING ON [12. Ordinance 3-23, First Reading, Harbourside ] TO AGENDA ITEM 12, ORDINANCE 3-23. THIS ITEM IS A QUASI-JUDICIAL HEARING. DOES ANYBODY ON COUNCIL HAVE ANY QUASI-JUDICIAL DISCLOSURES, EX PARTE DISCLOSURES? THIS IS AN UNUSUAL ONE BECAUSE I'M NOT SURE WHEN THIS BEGINS, BUT JUST FOR AN ABUNDANCE OF CAUTION, I'LL STATE THAT I MET WITH MCMASTER YANNI THE SECOND, AND MR. MCMASTER YANNI THE THIRD, AND TOM BEARD ON OCTOBER 24TH, AT WHICH TIME THEY WERE INTERESTED, AS I UNDERSTOOD, WITH MEETING WITH ME TO UNDERSTAND MY PERSONAL POSSESSION REGARDING THE SERIES SETTLEMENT OFFER. WE WENT THROUGH CONVERSATIONS ABOUT PARKING, EVENT NOISE LIMITS, THE TIFF AGREEMENT. OVERALL, IT WAS DURING THAT MEETING I GOT AN UNDERSTANDING OF THE THINGS THAT THE APPLICANT WAS LOOKING TO ACCOMPLISH IN AN OVERSIGHT PLACE. DUE TO INTENTION IN MY VIEW TO BECOME A MUCH MORE NEIGHBORLY CENTER INCLUDING ELIMINATING PAID PARKING. ANYWAY, THAT WAS THE EXTENT OF IT. WITH THAT, GOING TO THE MEETING I'D ASK REPRESENTATIVES FOR THE APPLICANT AND STAFF WHO ARE GOING TO GIVE EXPERT WITNESS TESTIMONY STAND UP AND BE SWORN IN. >> DO YOU SOLEMNLY SWEAR THAT YOU ARE ABOUT TO TELL THE TRUTH IN THIS HEARING AND THE WHOLE TRUTH AND NOTHING, BUT THE TRUTH? >> YES. >> WAS THAT THE APPLICANT FOR THE PRESENTATION? >> GOOD EVENING. MAYOR, COUNCIL, TOWN MANAGER. EMILY O'MAHONEY WITH TGHO. PLEASED TO BE HERE IN FRONT OF YOU TODAY. I ALSO HAVE MCMASTER YANNI AND NICHOLAS MASTER YANNI, THE SECOND AND THIRD ALSO HERE FOR ANY QUESTIONS THAT YOU MAY HAVE. THIS IS CONCERNING HARBOR SIDE PLACE. JUST TO REMIND EVERYONE, IT'S A MIXED-USE DEVELOPMENT THAT WAS INITIALLY PLANNED IN THE EARLY 2000S AND APPROVED IN 2008. WE WERE DELAYED IN CONSTRUCTION DUE TO THE RECESSION, BUT IT WAS COMPLETED IN 2014. [02:35:02] IT IS WITHIN US1/ICW MIXED-USE DISTRICT, ENTERTAINMENT SUBDISTRICT. THE DEVELOPMENT START OUT SUCCESSFUL, LARGELY FOCUSED ON LIVE ENTERTAINMENT AND RETAIL. BUT THE PANDEMIC AND CONSUMER SHIFTS AND OTHER ELEMENTS HAVE ECONOMICALLY DISTRESSED THE DEVELOPMENT. THE GOALS ARE TO REPOSITION THE CENTER TO MEET THE SHIFTS IN THESE CONSUMER EXPECTATIONS AND THE DEMANDS FOR INCREASED RESTAURANT OVER RETAIL. CAPITALIZE ON THE TREND OF NATIONAL AND LOCAL OFFICE TENANT DEMAND AND PROVIDE MORE OPPORTUNITY FOR EMPLOYMENT. IDENTIFY AN EFFICIENT AND ACCEPTABLE MEANS OF OPERATING AN EVENTS PROGRAM SCHEDULE FOR THE COMMUNITY. PRIMARILY, THERE ARE THREE ASPECTS TO THIS APPLICATION. ONE IS THE CHANGE OF USES IN BUILDING 3A, WHICH WE'LL GO THROUGH. THE OTHER IS THE ELIMINATION OF OUTDOOR VENUE DESIGNATION. THE THIRD IS MODIFY THE PREVIOUSLY APPROVED CONDITIONS OF APPROVAL IN REGARDS TO USES PARKING, SOUND, AND EVENTS TO ALLOW THE ABOVE INCLUDING PERMITTING THE USE OF UP TO 68 OF THE 95 SO PLUS PARKING SPACES IN BUILDING A. THE CHANGES IN BUILDING A TO THE USES. WE'RE TAKING RETAIL TO RESTAURANT, WHICH IS IN BUILDING 3A WHICH IS RIGHT AT THE ENTRANCE TO THE CENTER. IT'S THE FIRST THING YOU COME TO. IT'S NEVER BEEN LEASED. THIS WOULD PUT A, THAT'S A LARGE SPACE RESTAURANT IN THERE, AND IT WOULD HAVE ITS ASSOCIATED OUTDOOR DINING WITH IT SO IT ACTIVATES THE PLACE. TODAY IT LOOKS LIKE THIS. POTENTIALLY IT WOULD HAVE ACTIVITY, IT WOULD BRING LIFE TO US1, AND AS AN INTRODUCTION INTO THE CENTER. THE OTHER THING ON GROUND FLOOR IN 3A IS THE ADDITION OF ADDITIONAL STORAGE FOR THE FUNCTIONING OF THE CENTER FOR STORAGE OF THINGS FOR EVENTS THAT ARE HELD OUT IN THE AMPHITHEATER. THE THIRD, YOU HAVE TO UNDERSTAND THAT THERE'S ACTIVITY AND USES ON THE GROUND FLOOR OF 3A, BUT ABOVE THAT IS A PARKING GARAGE FOR SEVERAL LEVELS GOING UP, EXCEPT FOR THIS ONE SPACE ON THE THIRD LEVEL THAT OVERLOOKS THE AMPHITHEATER. WE'RE REQUESTING TO GO FROM INDOOR RECREATION TO OFFICE USE. WE SEE THE DESIRE FOR THAT AND WE CAN FINALLY GET THAT SPACE BOOKED OUT AND IN USE. REMOVING THE OUTDOOR VENUE. OUTDOOR VENUE APPLIES TO WHAT EVENTS WOULD BE GOING ON OUT THERE. AN OUTDOOR VENUE IS A TOWN CODE ELEMENT. BY REMOVING THAT DESIGNATION, YOU'RE REMOVING THE ABILITY TO HAVE UNLIMITED NUMBER OF AMPLIFIED EVENTS. WE REPLACE THIS WITH AN ANNUAL SUBMISSION OF A SOUND AND EVENT PROGRAMMING SCHEDULE, WHICH WILL STRICTLY LIMIT LIVE AMPLIFIED EVENTS AND ONLY ALLOW 10 OF THEM ANNUALLY. THE ANNUAL EVENTS PROGRAM ADDRESSES A STATEMENT OF USE. WHAT'S THE INTENT? LISTS THE LOCATIONS OF THE ACTIVITIES, DESCRIBE THE EVENTS. IT HAS DETAILED TRAFFIC CIRCULATION DETAILS, AND HOW THAT IS MANAGED, THE TRAFFIC PARKING FOR SPECIAL EVENTS. NOTES THAT EVENTS OF MORE THAN ONE DAY PROHIBITS MULTI-DAY AMPLIFICATION. IN THIS, WE'RE RESTRICTED TO 24 LARGER COMMUNITY EVENTS PERMITTED THROUGH THE SUBMISSION OF AN ANNUAL EVENTS PROGRAM SCHEDULED SUBJECT TO THE TOWN'S LIMITATIONS ON SOUND. OF THOSE 10 OF THEM COULD BE WITH AMPLIFIED MUSIC, WHICH IS 75 DBA AT THE HARBOR SITES PROPERTY LINE, WHICH OVER THE YEARS THAT'S WHAT'S BEEN ESTABLISHED AS NOT AFFECTING THE NEIGHBORS. CONTINUING TO ALLOW ROUTINE OF EVENTS SUCH AS THE WATERFRONT MARKET, YOGA, AND CAR SHOWS OR SIMILAR PER ANNUAL PROGRAM AND ARE CONSISTENT WITH THIS SPECIAL MAGISTRATE ORDER. PARKING CHANGES WE'RE REQUESTING TO ALLOCATE UP TO 68 OF THE 95 SURPLUS PARKING SPACES FOR CHANGES IN USES TO BUILDING 3A. THAT WAS BECAUSE RESTAURANT TAKES MORE PARKING THAN RETAIL [02:40:02] AND OFFICE TAKES MORE THAN INDOOR RECREATION. JUST TO LET YOU KNOW, THIS IS ALL A BALANCING ACT. WE WENT DOWN ON RETAIL, WE WENT UP ON RESTAURANT, WE WENT UP ON OUTDOOR DINING, PARKED AT THE CURRENT CODE FOR THE TOWN OF JUPITER. WE WENT UP ON THE OFFICE WITH THAT THIRD FLOOR SPACE. WE ADDED STORAGE AND INDOOR RECREATION WENT TO ZERO. FOR THE SHARED PARKING TOWN OF JUPITER CHART WORKS OUT FOR THE AMOUNT OF SPACES WE HAVE AND THE USES. THAT IS OUR PRESENTATION. I'D LIKE TO RESERVE THE REMAINDER OF THE TIME FOR REBUTTAL IF NEEDED, BUT THANK YOU. >> FOR THE RECORD, PETER MYERS, SENIOR PLANNER STAFF. THE APPLICATIONS FOR CONSIDERATION TONIGHT IS A FIRST READING OF THE ORDINANCE FOR A PUD AMENDMENT TO MODIFY PREVIOUSLY APPROVED CONDITIONS REGARDS TO PARKING, SOUND AND EVENTS. AT A SECOND READING OF THE ORDINANCE ON MARCH 9TH, THERE'LL BE A SITE PLAN THAT WILL COPY THIS TO MODIFY USES AND ADDRESS PARKING AND OUTDOOR SITTING FOR BUILDING 3A. IN ADDITION, REPEAL AUTHORIZATION TO CREATE AN OUTDOOR VENUE WHICH PERMITS UNLIMITED EVENTS AND REPLACE IT WITH YOU COOPERATE TO SUBMIT AN ANNUAL EVENT SCHEDULED FOR 24 COMMUNITY EVENTS, UP TO 10 OF WHICH CAN BE LIVE AMPLIFIED MUSIC EVENTS. CONTINUE TO PERMIT ROUTINE EVENTS SUCH AS WATERFRONT MARKET, YOGA CAR SHOWS, THAT WE'RE ESTABLISHING A SETTLEMENT AGREEMENT PREVIOUSLY APPROVED BY A TOWN'S COMPLIANCE MAGISTRATE, SOUND WHICH IS A COMPONENT OF ANY OTHER 24 COMMUNITY EVENTS OTHER THAN 10 LIVE EVENTS. [INAUDIBLE] THE TECH SOUND REGULATIONS ESTABLISHED TO DECODE THE 10 LIVE EVENTS CANNOT EXCEED 75 DBA, MEASURED AT A THREE MINUTE LEQ AT THE HARBOR SIDE UP AND PROPERTY LINE, WHICH ALLIANCE WITH THE LEVELS THAT HAVE NOT RESULTED IN COMMUNITY COMPLAINTS. THE APPLICATION ALSO PROPOSES THE FOLLOWING CHANGES TO THE BUILDING, 3A CHANGE 9,595 SQUARE FEET OF RETAIL TO 7,252 SQUARE FEET OF RESTAURANT, AND 2,343 SQUARE FEET OF ACCESSORY STORAGE ON THE GROUND FLOOR. THAT OTHERWISE CHANGED 3,933 SQUARE FEET OF INDOOR RECREATION TO OFFICE ON THE THIRD FLOOR AND FINALLY, ADD 1,215 SQUARE FEET OF OUTDOOR SEATING TO THE PROPOSED RESTAURANT, OF WHICH 490 SQUARE FEET OF THE ACCURACY OF THIS QUANTITY PARKED. THERE ARE NO PHYSICAL SITE CHANGES PROPOSED. IT APPROVED THE APPLICATION WOULD MODIFY CONDITION 15 OF ORDINANCE 14-08, AND WILL MODIFY RESOLUTION 2508 REQUIRES 95 SURPLUS PARKING SPACES WITHIN HARBOR SIDE. THE KITCHEN WOULD BE IN MONETARY TEAM 29 OF 95 SPACES FOR SURPLUS PARKING. ON FEBRUARY 14TH, THE P&Z COMMISSION RECOMMENDED APPROVAL OF THE APPLICATION. STAFF HAS REVIEWED THE PROPOSED AMENDMENTS TO THE PUD AND SITE PLAN AND FINDS THE PROPOSED AMENDMENTS WITH THE CONDITIONS AND THE ORDINANCE ON FIRST READING FOR THE PUD MEET CODE AND BECAUSE THIS WITH A COMPREHENSIVE PLAN, CEPHALIC MEANING RENDER TIME FOR REBUTTAL. >> DOES ANYBODY ON COUNCIL HAVE ANY QUESTIONS? SEEING NONE. ANY MEMBERS OF THE PUBLIC HAVE ANY COMMENTS? >> NO, MAYOR. >> WITH THAT, A LAST CLOSING COMMENTS BY THE APPLICANT. [BACKGROUND] I TURN IT BACK TO COUNCIL, COME BACK TO COUNCIL OR DELIBERATION END OF MOTION. >> I DON'T HAVE ANY DELIBERATION OR ANYTHING. I'M IN SUPPORT OF THIS, SO I DON'T KNOW IF ANYBODY ELSE HAS ANY COMMENTS. I DON'T WANT TO TAKE AWAY FROM THAT BEFORE WE MAKE A MOTION. >> I JUST THINK THIS IS A HEAVY LIFT LONG TIME COMING FOR EVERYBODY INVOLVED. WE SETTLED SOME ISSUES AND ANY OTHER CHANGES REFLECT THE NEW MARKET AND I'M JUST LOOKING FORWARD TO IT, HERBICIDE GETTING UP AND GOING AND THRIVING AND EVERYBODY WANTS TO TALK THEM BACK UP AND GET IN THERE FOR GOOD BACK-AND-FORTH THE RELATIONSHIP WITH THE OWNERSHIP HARBOR SIDE, SO I THINK IT'S A GOOD FRESH START. >> I'M REALLY PLEASED WITH THE OUTCOME AND PLEASE THAT WE'RE SPECIFIC WITH REGARDS TO SOUND, WE SPECIFY 75 DBA WHICH HAS BEEN TESTED. [02:45:06] I'M ALSO PLEASED TO SEE THAT IT'S GONE THROUGH A PUBLIC PROCESS WITH P&Z APPROVING. IT'S PRETTY GOOD OUTCOME ALSO NARROW IN SCOPE, WHICH HAS BEEN REALLY HELPFUL AS WELL. >> I THINK ON BALANCE IT'S A GOOD RESULT I THINK IT WAS A GOOD COMPROMISE, HITTING ON SOME OF THE THINGS THAT WERE IMPORTANT TO EACH OF US. IT'S NOT PERFECT, BUT I THINK ON BALANCE, I THINK IT'S GOOD AND THAT IT DOES WHAT WE NEED TO DO FOR THE TOWN. >> I CERTAINLY SUPPORT US ON FIRST READING COURSE WE HAVE A SITE PLAN IN RESOLUTION COMING BACK WITH CONDITIONS AT THE NEXT MEETING, AND WITH THAT, I'D ASK THE ATTORNEY TO READ OUR NAMES, 323 ON SHORT TITLE. >> ORDINANCES, TOWN COUNCIL, THAT'S ENERGY PER FLORIDA, PROVE IT AN AMENDMENT TO THE HARBOR SIDE PLACE PLANNED UNIT DEVELOPMENT CONSISTING OF THE USES OF RETAIL OFFICES, RESTAURANTS, AND OUTDOOR RECREATION STORAGE. NOW MERIDA, NINE ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER THAT HE HAS HAD ONLY ONE IN INDIAN TOWN ROAD RUNNING FOR THE REPEAL OF THE AUTHORIZATION TO ESTABLISH AN OUTDOOR VENUE, PROVIDING FOR A CONDITION AND REQUIRING THE SUBMISSION OF AN ANNUAL PROGRAM EVENTS SCHEDULED WITH A SPECIFIED NUMBER OF EVENTS, AND LIMITING THE NUMBER OF LIVE MUSIC EVENTS AND THEIR VOLUME. PROVIDING FOR THE AMENDMENT OF A CONDITION THAT REQUIRED THE MAIN ROUTES OF 95 SURPLUS PARKING SPACES AND AUTHORIZATION UP TO 68 OF THOSE PARKING SPACES TO BE ALLOCATED TO THE CHANGE OF USES IN BUILDING 3A. PROVIDING FOR AMENDMENT OF ORDINANCES 1408, 4410, 113, AND 5013 TO THE EXTENT OF CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE. >> I HAVE A MOTION IN A SECOND. >> MOTION TO APPROVE ORDINANCE 323. >> SECOND. >> MOTION A SECOND ALL IN FAVOR SIGNIFY BY SAYING AYE. >> AYE. [OVERLAPPING] >> MOTION CARRIES UNANIMOUSLY. WITH THAT PROBLEM WE MOVE TO REPORT SO 10TH ATTORNEY. [TOWN ATTORNEY] >> I JUST HAVE ONE REPORT MAYOR AND COUNCIL. A COUPLE OF WEEKS AGO, THE FOURTH DISTRICT COURT OF APPEAL ISSUED AN OPINION ON A CASE INVOLVING THE TOWN OF JUPITER ISLAND, IT HAD TO DO WITH A CASE WHERE THE COUNCIL HAD CONTINUED AN ORDINANCE APPROVING DEVELOPMENT PLAN TO A DATE CERTAIN AND A TIME CERTAIN. THE FOURTH DISTRICT COURT OF APPEAL RULED IN FAVOR OF THE PETITIONER IN THAT CASE AND SAID THAT YOU COULD NOT CONTINUE TO A DATE IN TIME CERTAIN THAT YOU HAD TO RE-ADVERTISE THE ITEM. THIS IS SOMETHING THAT WE'RE CURRENTLY BRIEFING AND REQUESTING THE FLORIDA SUPREME COURT TAKE IN CONSIDERATION AN APPEAL OF THAT ISSUE. IT'S A VERY IMPORTANT ISSUE THE FLORIDA ASSOCIATION OF COUNTIES HAS JOINED AT AN AMICUS BRIEF IN THE COURT BELOW, AS WELL AS THE FLORIDA LEAGUE OF CITIES. FOR AS LONG AS I HAVE BEEN PRACTICING AND AS A MUNICIPAL ATTORNEY AND A COUNTY ATTORNEY, WE, LOCAL GOVERNMENT ATTORNEYS HAVE ALWAYS OPERATED UNDER THE LAW THAT YOU CAN CONTINUE AN ITEM TO A DATE CERTAIN. IF YOU HAVE PREVIOUSLY ADVERTISED THAT ITEM FOR A DATE CERTAIN SO IT'S A CASE THAT IS WORTH WATCHING AND IT MAY WELL BE THAT THERE NEEDS TO BE SOME LEGISLATION FORTHCOMING TO ADDRESS THAT ISSUE. THAT LAW, OF COURSE, WAS WRITTEN MANY YEARS AGO IN TODAY'S WORLD OF THE INTERNET AND ALL OTHER WAYS OF COMMUNICATING THE NEWSPAPER IS NOT THE ONLY WAY OF PUBLISHING NOTICES. WE'LL SEE IF THE LEAGUE OF CITIES AND THE ASSOCIATION OF COUNTIES TAKES IT UP TO THE LEGISLATURE. BUT FOR NOW, WE HAVE AN OPINION FROM THE FOURTH UCA, THIS SAYING YOU CAN'T SIMPLY CONTINUE AN ITEM TO A DATE CERTAIN SO I THINK THE PRACTICE GOING FORWARD IS GOING TO HAVE TO BE THAT IF YOU ARE GOING TO CONTINUE AN ITEM, EVEN IF YOU DO CONTINUE AT THAT MEETING A DATE CERTAIN YOU SHOULD RE-ADVERTISE IT. >> I GUESS THAT'S WHY AN APPLICANT TONIGHT WENT AHEAD AND ASKED FOR SOMETHING TO BE TABLES AND HAS TO RE-ADVERTISE. >> MR. STERN'S IS A VERY WELL-KNOWN LOCAL GOVERNMENT LAWYER, DEVELOPMENT LAWYER AND HE MAY HAVE PICKED UP ON THAT OPINION BECAUSE IT'S MADE ITS ROUNDS AROUND THE STATE. >> TOWN MANAGER. [TOWN MANAGER] >> THANK YOU MAYOR JUST A COUPLE OF THINGS. FIRST OF ALL I WANTED TO GIVE A THANK YOU TO THE STAFF ON [02:50:05] THE JOHNS CREEK PROJECT THAT'S BEEN A VERY HEAVY LIFT WITH DAVID BROWN AND SCOTT REYNOLDS AND DAWN CLARK AND ALSO TO THE TOWN ATTORNEY WHO'S PUT A LOT OF TIME AND HONEST WITH US TO GET TO THAT RESOLUTION AND SO IT HAS BEEN A LOT OF WORK ON THE PART OF THESE FOLKS REALLY PROUD OF THEM FOR THAT. JUST AN UPDATE ON THE HRB WE'VE GONE AHEAD AND AWARDED THE CONTRACT FOR THE APPRAISERS AND SO WITH TOWN ATTORNEY AND I ALONG WITH OTHER MEMBERS OF STAFF WILL BE MEETING WITH THEM PROBABLY IN THE COMING WEEK HERE TO GET THE BALL ROLLING ON THAT. I KNOW THIS IS APPROACHING PRETTY FAST SO I WANT TO PUT EVERYBODY'S CALENDAR AGAIN REMINDER THAT THE BRIDGE CLOSING FOR APPROXIMATELY 20 MONTHS IS MARCH 13TH WHICH IS RIGHT AROUND THE CORNER. THERE'S AN IN-PERSON PUBLIC MEETING SCHEDULED FOR TUESDAY THE 28TH, 5:30-7:30 AT THE JUPITER COMMUNITY CENTER AND THEN A ZOOM MEETING SCHEDULED FOR MARCH 1ST AND THEN FINALLY WE'VE HAD OUR INITIAL MEETINGS WITH THE BUSINESS ADVISORY COUNCIL, ROGER HELD HAS DONE A GREAT JOB WITH THAT AND SO WE HAD A NICE TURNOUT AND WE'RE OFTEN RUNNING AND WE'LL BE WORKING CLOSELY WITH OUR BUSINESSES DURING THE CONSTRUCTION PROJECT TO MAKE SURE WE CAN ADDRESS CONCERNS AS THEY COME UP. THAT'S MY REPORT, MR. MAYOR. >> I'VE GOT SOME FEEDBACK FROM MY COLLEAGUES THAT I NEED TO CONTINUE TO MAKE SURE I'M PROPERLY ROTATING SO SOMEONE DOESN'T FEEL [OVERLAPPING] LIKE I'M HOLDING THEM BACK SO COUNCIL SUNDSTROM. [TOWN COUNCIL – LIAISON REPORTS AND COMMENTS] >> NOT TOO MUCH TO REPORT MAYOR JUST I'VE GOT AN INVITATION TO THE AVOCO POA DIRECTORS MEETING AND I'M GOING TO BE ATTENDING IN EARLY MARCH. I ANTICIPATE A LOT OF QUESTIONS ABOUT WASTE MANAGEMENT I'M SURE WE'VE ALL RECEIVED EMAILS ABOUT, I ALSO WANT TO PAY A QUICK COMPLIMENT TO YOU THANK YOU FOR CATCHING THE THREE TOGETHER. A LOT OF WHAT CAME UP BECAUSE I RE-WATCH HIS VIDEOS ARE MORE RELEVANT THAN EVER BETWEEN OUR FIRST AND SECOND READING ON THAT CONTRACT WE REALLY DID DO OUR BEST TO MAKE SURE THAT WE COULD CUSTOMIZE AS MUCH AS POSSIBLE FOR OUR RESIDENTS. THAT SAID IT ISN'T ADJUSTMENT AND THERE ARE A LOT OF QUESTIONS I WANT TO THANK STAFF FOR BEING SO PROACTIVE, THANK YOU FOR SHARING THAT PLAN AND FOR GETTING OUT THERE WITH SOCIAL MEDIA AND EMAILS I'M STARTING TO SEE IT AND I'M SURE THEY ARE AS WELL. I'LL WORK WITH KATE ON PREPARATION FOR THAT MEETING. I ATTEND THESE GOVERNMENT AFFAIRS MEETINGS ON FRIDAYS WITH THE NORTHERN PALM BEACH COUNTY CHAMBER OF COMMERCE AND IT'S BEEN HELPFUL. I RECENTLY RECEIVED AN EMAIL FROM A BUSINESS AND I WAS ABLE TO HELP THEM WITH OUR BUILDING DEPARTMENT SO IT'S BEEN NICE TO HAVE THAT CONNECTION TO THE BUSINESS COMMUNITY. I ANTICIPATE THAT I'M GOING TO TRY TO GO TO THE FEBRUARY 24TH MEETING FOR THOSE BUSINESSES THAT MAY BE IMPACTED BY THE BRIDGE CLOSING I KNOW IT'S A ZOOM BUT I'D LIKE TO JUST GET THAT INPUT AS WELL AS PART OF THAT PROCESS. THEN THE CHAMBER OF COMMERCE IS DOING ITS STRATEGIC PLAN. THEY'VE NEVER DONE A STRATEGIC PLAN BEFORE THEY ONLY HAD THE ONE. THERE'S ONE THEY DID IN 2017, IT'S NOW UP, THERE WAS NO ANNUAL REPORT DONE ON THAT PLAN WHICH IS A BIT STRANGE TO ME BUT THEY'VE NOW STARTED A PROCESS FOR A NEW PLAN. AS PART OF THAT PROCESS THEY MET WITH OUR ASSISTANT TOWN MANAGER, THERE'S A LOT OF INPUT INTO THE PLAN FROM JUPITER BUT I JUST WANT TO MAKE SURE THAT JUPITER'S PERSPECTIVE IS REPRESENTED IN THAT PROCESS AND GIVEN MY LOVE FOR STRATEGIC PLANNING I'VE JOINED A COMMITTEE TO PROVIDE INPUT ON THAT PLAN AND HOPEFULLY AN ANNUAL REPORT WITH IT. THAT'S IT. >> THANKS MAYOR >> JUST I WANT TO DO THE TWO BUT THE TOWN MANAGER SAID ABOUT THE STAFF AND THE JOHNS CREEK PROJECT AND GETTING THAT UP AND RUNNING THAT WAS A HEAVY LIFT IT TOOK YEARS AND KUDOS TO THE RESIDENTS ALSO THEY GOT THAT DONE SO I WAS REALLY EXCITED THAT THAT'S UNDERWAY. [LAUGHTER] THANK YOU. THAT WAS IT. >> COUNCIL SCHNEIDER. >> ON FEBRUARY 13TH THE ENVIRONMENTAL TASK FORCE HAD A MEETING AND IT WAS ACTUALLY A VERY OUTSTANDING MEETING. THEY TALKED ABOUT THE DRAFT RESILIENCY PLAN AND MEGAN HOUSTON RESILIENCE DIRECTOR FOR PALM BEACH COUNTY ALSO GAVE A PRESENTATION AND THERE WAS A LOT OF INFORMATION AND I THINK IT'D BE VERY USEFUL IF THE COUNCIL COULD GET A BRIEFING AT AN UPCOMING MEETING ON WHAT WAS SAID AND A VERSION OF THE PRESENTATION BECAUSE REALLY OUTSTANDING A LOT FOR US TO THINK ABOUT GIVES A GOOD ROADMAP OF HOW TO MOVE [02:55:03] FORWARD WITH SOME OF THESE ENVIRONMENTAL ISSUES. ALSO RELATED TO THAT IS OF COURSE TO NAME DAVID BROWN IS RETIRING AND SO HE HAS BEEN THE LIAISON AND HAS DONE A FABULOUS JOB ON GETTING THE GROUP TO PUT OUT SOME REALLY IMPORTANT OUTPUT FOR THE TOWN. I WOULD LIKE TO ASK IF WE COULD POSSIBLY CONSIDER HAVING STEPHANIE THORBURN STEP IN TO TAKE HIS PLACE BECAUSE SHE HAS WORKED VERY CLOSELY WITH HIM ON A LOT OF THESE ISSUES AND WORKED VERY CLOSELY ALSO ON THAT PLAN AND I THINK IT WOULD BE GOOD FOR HER TO HELP THE COMMITTEE TAKE THOSE LAST FEW STEPS ON IT. THAT'S IT. >> IF YOU CLICK ITEM NUMBER 1 KUDOS TO STAFF ON JOHNS CREEK. I DON'T KNOW IF OUR CURRENT TOWN MANAGER UNDERSTANDS HOW MANY YEARS I'VE ADVOCATED FOR NON AD VALOREM ASSESSMENTS SO WHICH YOU CAN IMAGINE HOW HAPPY I AM ONCE IT CROSSES THE FINISH LINE BECAUSE IT REALLY GIVES US AN OPPORTUNITY TO REALIZE THAT IN SOME CASES THERE'S PARTNERSHIP THERE SO THANK YOU THAT'S A HUGE SUCCESS. JUST TO COUNCIL SUNDSTROM WHO HAS TRIED TO CHAMPION ODEGRA COMING BACK TO HAVE A CAR. SUNDAY I WORE AN ODEGRA JUPITER SHIRT, I WAS GOING TO TAKE A SELFIE BUT I DON'T DO THOSE THINGS SO YOU COULD SEE. BUT IT WAS JUPITER AND I JUST TO THE DEGREE THAT YOU'RE ACTIVE AS YOU ARE WITHOUT GETTING INTO DETAILS I'M SUPPORTIVE OF JUPITER MAKING A COMPETITIVE PROPOSAL I JUST LEAVE IT AT THAT. IT MAY TAKE THAT SO JUST [OVERLAPPING] >> IT MY BUT WE'LL CONTINUE TO EXPLORE. >> RIGHT. I JUST WANT TO MAKE SURE YOU UNDERSTAND THAT I RECOGNIZE THAT WE'RE NOT GOING TO ACCOMPLISH THAT. >> AGREE. >> IF WE DON'T THINK THAT WAY. THIS LASTLY I WANT TO ASK STAFF THEY'VE BEEN DOING AN EXTRAORDINARY JOB ON OUTREACH EFFORTS OR WHATEVER. I THINK IN THE CASE OF WASTE MANAGEMENT WE HAVE TO GO A LITTLE BIT FURTHER THAN WE'VE DONE AND THIS IS NOT A NEGATIVE ANYWAY BUT I'LL JUST SAY A FEW THINGS. NUMBER ONE, WE HAVE SOME COMMUNITIES THAT WARRANTS A HARDSHIP THEY CAN ACCOMMODATE. I'LL TAKE A TOWN HOMES IN MALLORY CREEK, FOR EXAMPLE WHICH MY DAUGHTER LIVES IN. THE BIG CANS CAN FIT IN THE GARAGE. BUT THAT DEVELOPMENT HAD PADS SO PEOPLE WERE DOING IN BOTH PLACES BUT WE HAVE SOME COMMUNITIES THAT CERTAINLY WE'RE HEARING FROM THAT THERE NEVER WAS PROVISIONS OR THE PROVISIONS IS IN A SHED AND WHATEVER. I'D LIKE US TO OUTREACH IN A DIFFERENT WAY TO COMMUNITIES LIKE THAT TO OFFER UP SOLUTIONS WHERE NO ONE IS GIVING ANY. BECAUSE I DON'T THINK EACH ONE OF US ON THE COUNCIL WANT TO DO THAT SO LET'S BRAINSTORM TOGETHER BUT FOR EXAMPLE AMONG MANY THINGS WE DID WE COLLECTIVELY TRIED TO GET AS MUCH AS WE COULD ON FLEXIBILITY SO IT MAY BE IN SOME OF THOSE REALLY SPACE CONSTRAINED NEIGHBORHOODS THAT SAID I DON'T WANT A DUMPSTER AND THEY'RE SMALL AND RETIREES AND DON'T DO MUCH. ONE CAN CONSERVE HALF DOZEN PLUS, THEY MAY NOT BE THINKING ABOUT THAT AND THEY PROBABLY DON'T HAVE A PAD EXISTING RIGHT NOW SO PARTICULARLY THE COMMUNITIES, WE'VE HEARD FROM SOME COMMUNITIES QUITE A BIT SO WE KNOW WHERE SOMEBODY'S ISSUES ARE BUT THAT DOESN'T MEAN THAT THERE'S NOT OTHER STRUGGLING WITH THAT SO WHATEVER WE HAVE TO DO TO TRY TO BRING THE SOLUTIONS SO PEOPLE DON'T JUST FEEL THEY'RE STUCK WITH THE CANS AND SOMEHOW HAVE TO MAKE IT WORSE BECAUSE WE KNEW THIS WAS GOING TO HAPPEN. I'D ASK THAT. THEN ANOTHER ITEM RELATED TO THAT WHICH I CAN ANTICIPATE IS AN ITEM CALLED BULKY WASTE. THE CONTRACT READS THAT WITH THE EXCEPTED SHAPES IN A CHARTER NEIGHBORHOODS BULKY WASTE AND IS A DEFINITION FOR IT ONLY GETS PICKED UP ONCE A WEEK. IT SAYS AT LEAST ONCE A WEEK AND THEN IT SAYS IN CHARTER NEIGHBORS WE PAY A PREMIUM TO BE DONE TWICE. WELL, MOST OF US HAVE GOTTEN ANYTHING WE PUT OUT PICKED UP EVERY TIME. [03:00:01] WELL, THAT'S NOT GOING TO HAPPEN ANYMORE. I SAID TO MY WIFE, I DON'T EVEN KNOW WHAT DAY BULKY WASTE IS PICKED UP AND SHE TOLD ME MAYBE IT WAS IN THE-, I THINK THAT WAS A Q&A I DIDN'T GO ON AND CHECK IT MYSELF THAT IT'S THE FIRST PICK-UP OF THE WEEK. BUT THAT COULD LEAD TO BULKY WASTE SITTING OUT FOR A WHOLE WEEK IN NEIGHBORHOODS TURN IN JUNKIE SO THAT'S WHY OUTREACH JUST IN THE WAY OF EXPLANATION. BECAUSE I'LL CALL BULKY WASTE IS ANYTHING THAT CAN'T FIT IN THE CAN. IT USED TO BE WHEN THEY CAME AROUND AND THEY TOOK EVERYTHING THAT'S OUT OF THE PROPERTY. IT'S NOT GOING TO BE ANYMORE BECAUSE TODAY THEY'RE GOING TO COME JUST WITH THE AUTOMATED THING THEY'RE NOT GOING TO COME BACK MANUALLY. >> THAT'S WHY THEY WANT YOU TO MANAGE YOUR CAN. >> I GET THAT BUT WE WANT TO AVOID THE ADVERSE CONSEQUENCES NOW OF A WHOLE BUNCH OF BULKY WASTE SITTING THERE FOR SEVEN DAYS ON END WHEN RESIDENTS DON'T EVEN KNOW THE DAY TO PUT IT OUT. THE ISSUE OF BULKY WASTE I DO THINK IT'S JUST A LOOK AHEAD THAT I CAN SEE IT BEING A PROBLEM. IT HASN'T BEEN BEFORE BECAUSE WE HAVEN'T HAD ANY ISSUES WITH PICK-UP OF STUFF THEY WERE PICKING IT UP TWICE A WEEK. ANYWAY AND THEN I CERTAINLY WOULD LIKE TO EMPHASIZE TO OUR PLANNING AND ZONING STAFF THAT'S A GREAT JOB THEY DID. WE ALWAYS APPRECIATE WHEN THEY COME BACK GIVEN THE OPPORTUNITY TO MAKE SURE THAT WE MAKE CLEAR THINGS FOR THE RECORD FOR US BEFORE WE DELIBERATE THAT'S EXTREMELY HELPFUL. WITH THAT, TIME IS 10:02, WE ADJOURN THE MEETING. * This transcript was compiled from uncorrected Closed Captioning.