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>> EVERYBODY IT'S 7 O'CLOCK.

[1. CALL TO ORDER]

[00:00:10]

IT'S TIME TO CALL THIS MEETING, THE TIME OF JUPITER PLANNING AND ZONING COMMISSION MEETING TO ORDER ON MAY 9TH, 2023.

MADAM SECRETARY, WOULD YOU CALL THE ROLL, PLEASE?

>> COMMISSIONER GROOMS?

>> HERE.

>> COMMISSIONER DUNNING?

>> HERE.

>>COMMISSIONER FORE?

>> HERE.

>> COMMISSIONER GUISINGER?

>> HERE.

>> COMMISSIONER HELD?

>> HERE.

>> COMMISSIONER KERN?

>> HERE.

>> COMMISSIONER PINTEL?

>> HERE.

>> COMMISSIONER KEENAN?

>> HERE.

>> COMMISSIONER BLUM?

>> HERE.

>> THANK YOU. I WILL WELCOME OUR NEW MEMBERS.

WELCOME ABOARD EVERYBODY.

WE HAVE PAUL KEENAN AND CYNTHIA BLUM AS OUR ALTERNATES.

FRANK FORE WAS REAPPOINTED AS OUR AT-LARGE.

THE LAST MEETING WE HAD, DAN GUISINGER WHO JOINED US.

DOES ANYBODY WHO'S NEW WANT TO TAKE A MOMENT TO SAY ANYTHING ABOUT YOUR APPOINTMENTS? YOU DON'T HAVE TO, I JUST OFFER IT.

>> I WILL. I APPRECIATE BEING APPOINTED IN ORDER TO SERVE UP.

I HAVE LIVED IN JUPITER FOR ALMOST 40 YEARS, WORKOUT AT AIR JET ROCK 9 HAS ALWAYS BEEN MY HOME AND I WANT TO DO ALL I CAN DO AND MAKE SURE IT REMAINS COMMUNITY THAT ALL OF US CAN LOVE AND BE A PART OF.

SO I APPRECIATE THE OPPORTUNITY TO SERVE.

>> THANK YOU. ANYBODY ELSE CARE TO? [LAUGHTER]

>> HI, I'M CYNTHIA BLUM, AND I'M RECENTLY RETIRED.

I TAUGHT AT FAU AND SO I DECIDED NEEDED TO CONTINUE TO STIMULATE MY BRAIN AND THIS IS A GOOD WAY TO DO IT.

AFTER READING THROUGH ALL THESE DOCUMENTS AND I'VE LIVED HERE SINCE '94 IN JUPITER.

YES, I FEEL LIKE I'VE BEEN HERE QUITE A LONG TIME, HAVE BEEN INVOLVED IN QUITE A FEW SERVICES, AND LOVED THIS TOWN.

>> WELCOME ABOARD.

>> MY NAME IS PAUL KEENAN [INAUDIBLE]

>> THANK YOU AND I WILL SAY FOR THE BENEFIT OF THE NEW COMMISSIONERS, THAT WHEN YOU SPEAK, MAKE SURE THE MIC IS ON AND THAT YOU SPEAK DIRECTLY INTO THE MICROPHONE BECAUSE THEY'RE RECORDING, IT CAN'T BE HEARD OUT IN THE CHAMBERS WHEN YOU THINK IT CAN.

THE RECORDING, IT'S HARD TO HEAR IF YOU'RE ON PLAYBACK.

AT THIS POINT, I'LL TURN THE MEETING OVER TO

[3. ELECTION OF OFFICERS]

OUR ESTEEMED TOWN ATTORNEY FOR THE ELECTION OF OFFICERS.

>> FIRST WE'RE GOING TO TAKE NOMINATIONS FOR A CHAIR.

THE FLOOR IS OPEN.

>> I'M DOMINIC HEDREEN.

>> THANK YOU.

>> ARE THERE ANY OTHER NOMINATIONS?

>> FOR A CHAIR THAT IS?

>> FOR A CHAIR, IF NOT THEN, MRS. GROOMS RETAINS HER ESTEEMED POSITION OF CHAIR BY ACCLAMATION.

>> THANK YOU. THANKS.

>> THE FLOOR IS NOW OPEN FOR NOMINATIONS FOR A VICE CHAIR.

>> I WOULD LIKE TO NOMINATE KEVIN KIRN FOR VICE CHAIR.

>> ANY OTHER NOMINATIONS? HEARING NONE. MR. KIRN IS VICE CHAIR BY ACCLAMATION.

>> THANK YOU. THAT MOVES US ONTO THE MINUTES

[4. MINUTES]

FROM THE LAST MEETING AND AS WE LEARNED AT THE LAST MEETING, WHETHER YOU ARE HERE OR NOT, YOU DON'T HAVE TO VOTE.

YOU CAN VOTE, NO IF YOU FEEL MORE COMFORTABLE NOT APPROVING MINUTES THAT YOU WERE NOT HERE FOR, BUT YOU DON'T ABSTAIN FROM VOTING BECAUSE YOU WEREN'T HERE.

>> I LEARNED THAT.

[LAUGHTER]

>> I THINK JOHN WEISSMAN DID TOO.

DOES ANYBODY HAVE ANY CHANGES TO THE MINUTES FROM THE LAST MEETING? ON THE DICE? NOPE. SEEING NONE.

I'LL TAKE A MOTION TO APPROVE.

>> I'LL MAKE A MOTION TO APPROVE.

>> SECOND?

>> I SECOND.

>> COMMISSIONER GUISINGER MADE THE MOTION.

COMMISSIONER HELD ON A SECOND. ALL IN FAVOR SAY AYE.

>> AYE.

>> ANY OPPOSED? NOT HEARING THEN.

THE MOTION PASSES UNANIMOUSLY.

WE MOVE ON TO CITIZEN COMMENTS.

THIS IS THE PORTION OF THE MEETING WHERE WE OFFER FOR NON-AGENDA TOPICS FOR ANYBODY WANTING TO SPEAK FOR UP TO THREE MINUTES TO TELL US WHAT'S ON THEIR MIND.

DO WE HAVE ANY COMMENT CARDS FOR CITIZEN COMMENTS?

>> WE DO NOT.

>> THANK YOU. WE WILL MOVE ON TO THE FIRST AGENDA ITEM,

[6.B.1. Cornerstone - Site Plan amendment to revise Condition #8 of Resolution 27-17, to modify the materials and timeframe for completing construction of public docks, for an approved project on a 1.0+ acre property, located at 1 S. Coastal Way. (PZ#5586)]

WHICH IS THE CORNERSTONE SITE AMENDMENT TO REVISE CONDITION 8 OF RESOLUTION 2017.

WE WILL HEAR FROM MS. EMILY O'MATNEY FROM G2HO. I NEVER GET IT RIGHT.

>> 2, PUT THE 2 FIRST.

>> ALL WE HAVE TO DO IS DISCLOSURE.

SORRY. I HAVE TO DO THE SWEARING-IN.

>> WOULD YOU PLEASE STAND AND RAISE YOUR RIGHT HAND IF YOU'RE OFFERING TESTIMONY? DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?

>> YES.

>> YES.

>> THEN I WILL ASK FOR EX-PARTE DISCLOSURES ON THIS ITEM.

[00:05:05]

DID ANYBODY HAVE THIS? DO YOU WANT TO START?

>> NO.

>> COMMISSIONER KIRN.

>> I SPOKE WITH CITY STAFF AND ALSO VISITED THIS SITE AND HARBOR SIDE AS WELL.

>> THANK YOU. COMMISSIONER GUISINGER.

>> NONE.

>> COMMISSIONER PINTEL.

>> I SPOKE WITH COUNCILWOMAN, MELISSA SUNSTROM.

I SPOKE WITH JOHN SACKLER AND I ALSO VISITED STAFF HERE TODAY.

>> COMMISSIONER HELD.

>> I SPOKE WITH COUNSELOR SCHNEIDER AND JUST TOURED IT BY BOAT.

>> COMMISSIONER DUNNING.

>> I ALSO TALK WITH STAFF GARRETT AND JOHN AND ALSO WENT ON BOAT AND WALK THAT ROUTE A LOT SO BRIEFLY LIKE THAT.

>> I HAVE ADDITIONALLY ALSO SPOKE WITH JOHN SACKLER.

>> THANK YOU. COMMISSIONER BLUM.

>> I SPOKE WITH JOHN SACKLER AND I ALSO WENT AND TOURED THE SITE.

>> THANK YOU.

>> [INAUDIBLE]

>> ANYBODY THAT YOU TALKED TO ON THE AGENDA AND TYPICALLY IT'S NOT JUST DISCLOSING WHO YOU TALKED TO, BUT WHAT THE SUBJECT MATTER WAS.

I WILL SAY I HAVE AS A COMMISSIONER, I HAVE NO DISCLOSURES, BUT AS A PRIVATE CITIZEN, I HAVE HAD MULTIPLE CONVERSATIONS WITH MS. O'MATNEY AND I BELIEVE I AM ON THE PUBLIC RECORD WHEN THIS WAS GOING THROUGH ITS APPROVAL PROCESS.

JUST FOR TRANSPARENCY, I WANTED THAT OUT THERE.

TAKE IT AWAY, EMILY.

>> GOOD EVENING ALL. FOR THE RECORD, EMILY O'MATNEY WITH 2GHO AND TERRY REFERS TO BACK IN THE TIME WHEN THIS WAS ORIGINALLY APPROVED.

[LAUGHTER]

>> SEVEN YEARS AGO.

[LAUGHTER]

>> QUITE A WHILE. THERE WE GO.

WE HAVE THE SLIDES UP.

THIS IS A SIMPLE REQUEST TO REVISE THE CONSTRUCTION TIMING AND THE MATERIAL FOR THE PUBLIC DOCK FOR THE CORNERSTONE DEVELOPMENT BY AMENDING CONDITION NUMBER 8 OF RESOLUTION 2717.

THE ORIGINAL APPROVAL WAS 2017.

AT THE END OF THE YEAR, WE WENT THROUGH A SITE PLAN AMENDMENT TO MODIFY SOME ARCHITECTURAL STYLE IN 2020, AND WE ALSO HAD SOME OTHER MINOR MODIFICATIONS LATER IN 2020.

IT IS CURRENTLY UNDER CONSTRUCTION.

IT SITS RIGHT THERE AT THE SOUTHWEST CORNER OF INDIANTOWN ROAD IN US-1.

IT IS THAT BUILDING THAT'S GOING UP RIGHT THERE, BEEN ACTIVELY UNDER CONSTRUCTION.

WE HAVE YOU ALL LOCATED.

THE REQUEST IS FOR THIS DOCK.

THIS DOCK IS UNDER THE JURISDICTION OF THE TOWN, IT'S NOT UNDER THE JURISDICTION OF THE APPLICANT.

IT WAS ORIGINALLY PLACED AS PART OF THE BONUS PROGRAM, WHICH IS NO LONGER IN EFFECT PER SE, BUT IT WAS PART OF THE APPROVAL PROCESS TO PROVIDE A PUBLIC DOCK MEETING THE REQUIREMENTS THAT WERE SET OUT IN THE COMPREHENSIVE RIVERWALK MASTER PLAN.

YOU SEE THERE WERE TWO DIFFERENT OPTIONS IF WE COULDN'T, OPTION 1 WAS TAKING IT UP TO THE PLAZA UNDERNEATH THE BRIDGE.

OPTION 2, WE DON'T THINK WE HAVE TO DO.

WE THINK WE'VE GOT OPTION 1 GOING, AND THAT'S THE ACCESSIBLE.

OPTION 1 WOULD BE THE ACCESSIBLE ROUTE AND THE STAIR ENTRY IS ON THE SOUTH, THEN GOING INTO THE PAVILION THAT EXISTS ON THE RIVERWALK RIGHT NOW.

THE CORNERSTONE PROJECT IS LITERALLY ACROSS COASTAL WAY FROM THIS AREA.

THIS IS THE PERMANENT DRAWING THAT HAS GONE THROUGH DEP.

THIS IS NOT A PERMANENT DRAWING THAT HAS GONE THROUGH THE TOWN AS OF YET.

THE CONSTRUCTION DRAWINGS STILL NEED TO BE DONE ON THIS, BUT IT DOES CALL OUT THINGS.

YOU GUYS CAN SEE MY POINTER? THAT DARKER AREA RIGHT THERE IS KAYAK LAUNCHES SET SPECIFICALLY LOW TO THE GROUND, AND THAT WAS A CONDITION OF APPROVAL WHEN WE GOT IT ORIGINALLY DONE SO THAT THERE WAS MORE USE AVAILABLE FOR IT.

BUT YOU CAN SEE THE PILLARS AND ALSO SOME PARALLEL BOAT PARKING AND THEN AND THEN PILLARS.

THIS ONE, YOU CAN SEE ALL THE SEAGRASSES, THE MANGROVES, ALL OF THAT FORMS THE CONFIGURATION OF THE DOCK.

[00:10:02]

THE CHANGES THAT WE'RE REQUESTING IS THAT BEFORE THE CEO OF THE BUILDING, AND NOW WE'RE ASKING TILL THE END OF THE YEAR, DECEMBER 31ST, DUE TO SOME PARTICULAR FDOT COORDINATION.

THE CONNECTION TO UNDER THE BRIDGE AND THE LEASE THAT THE TOWN HOLDS, THERE HAS BEEN COMPLICATIONS IN THERE.

ALSO, WE'RE LOOKING THE OTHER CHANGE IN THAT CONDITION IS CHANGING WHO WE'RE REFERRING TO FOR BUILDING THE DOCK, WHICH TALKS ABOUT THE MATERIAL.

BY REFERRING TO CONSTRUCTION TECHNOLOGY INK, IT REFERS TO A DOCUMENT THAT CHANGES THE MATERIALS FROM THE ORIGINAL APPROVAL.

THE ORIGINAL APPROVAL HAD CONCRETE FLOATING DOCKS.

THE CURRENT PROPOSAL IS FOR COMPOSITE MATERIAL ALSO FLOATING.

THERE HAS BEEN CHALLENGES WITH FDOT THAT I MENTIONED.

CONCRETE DOCKS, AND OTHERS AGREE WITH THIS, I MEAN, IT'S OUT THERE, BUT THEY'RE MORE SUSCEPTIBLE TO DAMAGE AND CAUSING DAMAGE DURING STORMS BECAUSE THEY'RE HEAVIER.

WHEN THEY BREAK AWAY, THEY OFTEN WILL BREAK PILINGS AND THEN THEY DAMAGE OTHER THINGS.

WE WOULD LIKE THE LIGHTER WEIGHT SYSTEM RATHER THAN THE CONCRETE.

PRICING HAS SUBSTANTIALLY INCREASED ON CONCRETE THOUGH I KNOW THAT IS NOT A CONCERN OF YOURS, AND THE LEAD TIME IS PRETTY LONG.

COMPOSITE MATERIAL, THE CURRENT INDUSTRY STANDARD ARE MARINE.

ENGINEERS SAY THAT IT'S ABOUT 50-50 OUT THERE.

PEOPLE WHO ARE FOR THE CONCRETE AND PEOPLE WHO ARE FOR THE COMPOSITE.

THOUGH, THERE IS MORE OF THE COMPOSITE GOING ON NOW.

THE TOWN WE'LL ASSUME THE RESPONSIBILITY OF LONG-TERM MAINTENANCE OF THE DOCK.

THE COMPOSITE MATERIAL IS BEEN SHOWN, IT'S GOOD ON A LONG TERM.

AS THE TOWN WILL PRESENT THEIRS, AND YOU SAW IT IN THEIR STAFF REPORT, THEY HAVE ISSUE WITH THE COMPOSITE MATERIAL SAYING IT'S TOO HOT.

AT THE END OF THIS, I WILL SUGGEST SOME OTHER THINGS TO BRING US INTO ALIGNMENT.

THE CONDITION AS IT'S WRITTEN IS FINE.

IT'S IN THE STAFF REPORT THAT WE END UP HAVING ISSUES.

NOW BECAUSE WE ARE AFFECTING A PUBLIC BENEFIT BY ASKING FOR AN EXTENSION, WE HAVE PROVIDED UNDER THE SUGGESTION OF THE TOWN ADDITIONAL PUBLIC BENEFIT TO OFFSET OUR REQUESTS FOR A TIME EXTENSION.

THIS FOCUSES ON MARINE RESTORATION AND DOCK ENHANCEMENTS IN THE WATER.

WE AGREED TO DO THIS, WE'VE CONTACTED SOMEONE AND WE SHOULD BE UNDERWAY SOON TO TAKE SOMETHING LIKE THAT ON.

FOR THE MATERIAL, THE STAFF IS CONCERNED AND I'M SURE THEY'LL TELL YOU THAT THE CONDITION READS FINES IN THE STAFF REPORT THAT SAYS SOME SPECIFIC THINGS.

THEY TOLD US IN A MEETING THAT THEY DO NOT WANT TO CONSIDER COMPOSITE MATERIAL AS IT IS TOO HOT, AND THE TOWN'S COMING FROM MAINTENANCE SINCE THEY HAVE TO MAINTAIN IT AND PUBLIC LIABILITY, PARTICULARLY AS IT'S HOT.

THAT'S WHERE THEY'RE COMING FROM.

WE'RE ABSORBING THAT, AND WE THINK THAT THE SOLUTION MAY BE SOMETHING LIKE WHAT IS AT HARBORSIDE, WHICH IS A FLOATING DOCK SYSTEM ON THE PRIVATE DOCKS.

IT IS A CONCRETE SURFACE LIKE A TILE ON TOP OF A MORE LIGHTWEIGHT RATHER THAN THING BEING A SOLID CONCRETE, WHICH IS HEAVIER, BUT IT FUNCTIONS THE SAME WAY.

BUT IT FUNCTIONS MORE AS THE SYSTEM WOULD IF YOU'D PUT COMPOSITE WOOD ON TOP OF IT.

IT'S A LIGHTER-WEIGHT SYSTEM.

BUT YOU CAN SEE THAT THERE IS A GANGWAY.

IT'S AN ALUMINUM STRUCTURE, WHICH IS SIMILAR TO WHAT WE WOULD DO.

BY THE WAY, THAT GANGWAY HAS COMPOSITE ON THE SURFACING.

BUT A LOT OF THOSE CAN BE ALUMINUM.

YOU CAN SEE THE PROFILE IS LOW, CLOSE TO THE WATER, AND HERE YOU CAN SEE THE INDIVIDUAL TILES.

THEY'RE SCREWED DOWN TO THE DECK.

WE WANT YOU TO CONSIDER THAT.

[00:15:03]

BASICALLY GIVING DIRECTION TO THE STAFF TO CONSIDER OTHER ALTERNATIVES AND THEN THE STRICTNESS OF WHAT THEY PUT IN THE STAFF REPORT.

IT'S NOT A CONDITION OF APPROVAL.

THEN THE TIMING OF CONSTRUCTION, WE ASKED FOR DECEMBER 31ST AND THEN THERE WAS A CLAUSE FOR DELAYS AND THAT WE'D HAVE TO PAY DAMAGES.

BUT WE'RE ASKING THAT COULD THE WORDS EXCEPT FOR DELAYS, WHICH ARE ACTS OF GOD, WHICH IS COMMON, CONTRACTUAL AGREEMENTS, BE ADDED TO THAT SO THAT, HEAVEN FORBID, WE HAVE A HURRICANE OR ANYTHING LIKE THAT, THAT THERE WOULD BE CONSIDERATION FOR THAT.

JUST AS A CONCLUSION THE OWNER SEEKS TO MODIFY THE CONSTRUCTION OF THE TIMING AND THE CONSTRUCTION MATERIAL OF THE DOCK, AND WE HAVE NO PROBLEMS WORKING WITH STAFF.

I JUST WANT THE LEEWAY TO DISCUSS ALL TYPES OF CONSTRUCTION AND WE ARE PROVIDING ADDITIONAL MARINE STEWARDSHIP EFFORTS IN AROUND THE POST AND DOWN ON THE GROUND.

WE AGREE TO THE CONDITIONS OF APPROVAL WITH THE EXCEPTION AS NOTED AND CLARIFICATION TO THE STAFF REPORT CONCERNING MATERIAL AND I WOULD JUST LIKE TO ADD THAT THE UNITS ARE BEING SOLD AT CORNERSTONE.

THEY ARE AWARE IN THEIR AGREEMENTS THAT A PUBLIC DOC IS BEING BUILT AND THEY SEE THAT AS A POSITIVE BECAUSE CURRENTLY WHAT ARE THEIR TWO DERELICT BOATS SITTING OUT THERE.

IF A DOCK GETS BUILT THERE CAN BE NO ROARING WITHIN 150 FEET OF THE DOCK, SO THEY SEE THAT AS A POSITIVE.

WITH THAT WE WELCOME ANY QUESTIONS OR CONCERNS WE'RE HERE FOR YOU AND I UNDERSTAND.

GARRETT IS GOING TO COME UP AND SPEAK TO YOU NOW.

>> I JUST FLIPPED BACK REAL QUICK TO JUST A PICTURE OF THE PLAN [NOISE] TO HAVE UP IN CASE THERE'S ANY QUESTIONS ON THAT.

GOOD EVENING COMMISSIONERS.

FOR THE RECORD, GARRETT WATSON, THE PLANNING AND ZONING DEPARTMENT HERE ON BEHALF OF THE STAFF.

THE APPLICANT'S REQUEST AS MS. AMANI NOTED IS TO DEFER THE COMPLETION OF THE DOCK TILL THE END OF THE YEAR AND CHANGE THE MATERIALS OF THE DOCK.

THAT DOCK WAS APPROVED AS PART OF THE CORNERSTONE PROJECT AS PART OF A SPECIFIC PUBLIC BENEFIT WITH A CONDITION THAT WAS VERY CLEAR THAT IT NEEDED TO BE INSTALLED PRIOR TO CERTIFICATE OF OCCUPANCY.

IN EXCHANGE FOR THAT DOCK AND FOR THE PUBLIC DOCK THE APPLICANT RECEIVED ON THEIR APP LENDS SOME DENSITY INCREASE, A HEIGHT INCREASE, AS WELL AS THE SETBACK WAIVER INCREASE UNDER THAT BONUS PROGRAM THAT NO LONGER EXISTS AND THAT'S NOTED IN THE REPORT.

SINCE THAT APPROVAL IN 2017, THE APPLICANT HAS MADE SOME EFFORTS TOWARDS COMPLETING THE DOCK.

THEY'VE PERMITTED THROUGH DEP AND THROUGH THE ARMY CORPS.

THAT PERMITTING THROUGH THE ARMY CORPS ACTUALLY REQUIRED THE TOWN TO SIGN A CONSENT TO EASEMENT BECAUSE OF A SMALL AREA THAT ACTUALLY CROSSES OVER THE INTERCOASTAL WATERWAY LINE, SO THAT WAS QUITE A PROCESS AS WELL.

HOWEVER, THE CRITICAL STEPS OF THE FDOT CONSTRUCTION AGREEMENT AND THE TOWN OF JUPITER BUILDING DEPARTMENT PERMIT ARE STILL OUTSTANDING.

ONCE THOSE PERMANENT REVIEWS ARE COMPLETED AND THESE PERMITS ARE ISSUED, THEY'LL NEED TO ACTUALLY CONSTRUCT DOCKS AND TURN THEM OVER IN ACCORDANCE WITH THE CONDITION AS IT STANDS TODAY PRIOR TO THAT CEO.

THERE EXISTS SOMEWHERE AROUND A 3-4 MONTH GAP BETWEEN WHEN IT'S LIKELY THEY'LL REQUEST A CERTIFICATE OF OCCUPANCY FOR THE BUILDING AND THE END OF THE YEAR.

THAT'S ABOUT THE TIME FRAME THAT YOU-ALL ARE CONSIDERING TONIGHT.

IN ADDITION TO THAT DELAY; THAT 3-4 MONTH DELAY, THE APPLICANT NOTED SOME ALTERNATIVE MATERIALS.

I HAVE MR. THOMAS HERNANDEZ HERE WHO IS THE DIRECTOR OF ENGINEERING AND PUBLIC WORKS WHO MAY BE ABLE TO ANSWER SOME MORE TECHNICAL QUESTIONS YOU HAVE ON THAT MATERIAL AND THE CHOICES THAT WERE NOTED IN THE STAFF REPORT.

HE ALSO MAY BE ABLE TO TO COVER THE ACT OF GOD CLAUSE.

WHAT WE USE IN ORDER TO ESTABLISH THIS LIQUIDATED DAMAGES IS ACTUALLY JUST A STANDARD ENGINEERING AND PUBLIC WORKS POLICY AND THAT'S FOR ALL TOWN PROJECTS THAT WOULD OCCUR LIQUIDATED DAMAGES.

[00:20:03]

I'M NOT SURE IF THERE'S SOME STANDARD LANGUAGE AND THAT POLICY THAT WOULD ADDRESS THAT, BUT PERHAPS MR. HERNANDEZ CAN ANSWER THAT TONIGHT AS WELL.

IT'S NOTED IN THE REPORT THAT WE'RE NOT SUPPORTIVE OF THOSE MATERIALS.

WE'VE RECOMMENDED SOME ALTERNATIVES.

WE COULD INVESTIGATE FURTHER OTHER MATERIALS, BUT AS OF NOW WE'RE GOING WITH WHAT'S IN THE REPORT AS THE OPTION OR REVERTING BACK TO THAT ORIGINAL CONCRETE PROPOSAL.

EITHER ONE OF THOSE IS SOMETHING THAT STAFF IS MORE COMFORTABLE WITH.

BECAUSE THAT DOCK IS GOING TO BE A TOWN ASSET ONCE IT'S COMPLETE AND IT'S TURNED OVER TO US, REALLY THE MOST IMPORTANT THING TO US WITH REGARDS TO THE MATERIAL IS THE LIFESPAN OF THAT AND THE COST OF LONG-TERM MAINTENANCE BECAUSE THAT'LL BE SOMETHING THAT THE TAXPAYERS WOULD BE PAYING FOR IT.

BUT IN ADDITION TO THAT ISSUE OF LONG-TERM MAINTENANCE AND LONGEVITY, WE ALSO NOTED IN THE REPORT AT THE TIME BACK IN 2017 AND IN YOUR REPORTS ON PAGE 2 THAT THERE'S ALSO SOME CONCERNS WITH THE LIABILITY, THE SAFETY AND SECURITY, THE MANAGEMENT OF THE DOCK LONG-TERM.

THOSE THINGS ARE STILL AT PLAY TODAY.

WE STILL HAVE TO ADDRESS THOSE ISSUES WHEN THE DOCK GETS TURNED OVER TO THE TOWN.

SHOULD THE TOWN COUNCIL EXCEPT THE APPLICANT'S REQUEST TO DELAY AS WELL AS TO CHANGE THE MATERIAL TO SOME MUTUALLY AGREED UPON MATERIAL CHOICE BY THE TOWN AND THE APPLICANT, WE HAVE RECOMMENDED SOME CONDITIONS OF APPROVAL THAT ARE WITHIN THE EXHIBIT BEFORE YOU TONIGHT.

IN GENERAL, THOSE CONDITIONS OF APPROVAL ENSURE THAT THE TOWN IS PROTECTED IN THE FORM OF A CASH BOND, THAT WE HAVE SOME ABILITY TO SEEK LIQUIDATED DAMAGES FOR ANY DELAYS AS WE WOULD WITH ANY OTHER TOWN PROJECT AND THAT THERE ARE SOME ENHANCEMENTS TO THE ENVIRONMENT THAT THE APPLICANT IS AMENABLE TO THAT WEREN'T ORIGINALLY PROPOSED WITH THE DOCK.

IF THINGS STAY STATUS QUO, I CAN IMAGINE THAT THOSE WOULDN'T BE PART OF WHAT THEY'D BE MOVING FORWARD WITH.

THAT'S ABOVE AND BEYOND WITHIN THE CONDITIONS OF APPROVAL.

WITH THAT I'LL CONCLUDE AND I'D BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU.

>> THANK YOU.

>> I HAVE SOME QUESTIONS.

>> YOU WANT TO GO FIRST? THAT'S FINE.

>> I'M SORRY TO INTERRUPT.

YOU AND I'VE BEEN TALKING QUITE A BIT ABOUT THIS.

I GUESS THE ORIGINAL APPROVAL THE APPLICANT ACTUALLY SUGGESTED USING CONCRETE AND ALUMINUM BLOCKS.

NOW, THEY'RE CHANGING OVER AND CHANGING OVER BECAUSE THEY'RE CHEAPER, CORRECT?

>> THE APPLICANT MIGHT BE BETTER TO RESPOND TO THAT.

I HAVE TO ASSUME THAT THERE IS A COST DIFFERENCE THERE, BUT I HAVE NOT SEEN ANY NUMBERS AS TO WHAT THAT DIFFERENCE IS.

>> YOU CAN COME UP EMILY IF YOU WANT TO ANSWER.

>> MR. DUNNING HAS A FLOOR.

>> CURRENTLY IN TODAY'S MARKET POST-COVID CONCRETE'S MORE EXPENSIVE, BUT IT'S ALSO GOT A DELAY TIME.

>> WHEN YOU SAID THE LEAD TIME, WE'RE TALKING ABOUT FROM 2017.

THAT'S WHEN YOU GUYS WERE ACTUALLY TALKING ABOUT THIS.

>> YES. THAT'S WHEN THE CONSTRUCTION START.

>> WE HAD TO DO WORKING DRAWINGS, ETC.

>> [BACKGROUND].

>> MORNING, CHAIR. IF THIS CAN'T BE TESTIMONY, IT NEEDS TO BE ON THE RECORD.

NOT SEATED IN THE AUDIENCE.

>> HI, DAVID C. CHAIR.

I'M A CONTRACTOR AT THE CORNERSTONE PROJECT.

WE DID THE DEMOLITION IN MARCH OF 2021, AND STARTED VERTICAL CONSTRUCTION IN JUNE.

ONE OF THE DELAYS, AND WE DIDN'T REALLY DO A WHOLE LOT DURING COVID AND WE WENT AND HAD THE SITE PLAN AMENDMENT DID IN 2020.

THAT'S WHEN WE GOT ROLLING ON IT.

THE DOT WAS TELLING US THAT WE NEEDED TO DO A NEW LEASE OR A LEASE MODIFICATION.

THE TOWN HAD TO AND SO FORTH.

THERE WAS A LOT OF BACK-AND-FORTH WITH DOT AND NO ANSWERS.

I'VE GOT E-MAILS GOING BACK YEARS AND NO RESPONSES AND STUFF LIKE THAT.

WE ARE WHERE WE ARE TODAY AND WE'RE COMMITTED TO BUILDING THE DOCK AND GETTING IT COMPLETED AS SOON AS POSSIBLE.

BUT EVERYTHING ISN'T UP TO US.

WE CAN FINISH THE ENGINEERING PLANS AND SUBMIT THEM AND SO FORTH, BUT WE DON'T CONTROL DOT AND WE DON'T CONTROL THE TOWN APPROVAL PROCESS FOR THAT.

WE CAN WORK DILIGENTLY AND SO FORTH.

BUT WE'VE SEEN THINGS OVER THE LAST COUPLE OF YEARS,

[00:25:02]

HURRICANES, COVID, THINGS LIKE THAT, AND WE DON'T WANT TO GET A PENALTY FOR DELAY.

>> UNDERSTOOD. DOES THAT ANSWER YOUR QUESTION?

>> NO, NOT REALLY.

SORRY. I GUESS I'M NOT UNDERSTANDING.

I MEAN, WE'VE BEEN TALKING ABOUT THIS SINCE 2017.

THE CONDO WOULDN'T COME IN EXISTENCE IF IT HADN'T BEEN FOR THE PEER, THE PERIOD WAS THE DRIVING THING.

IF YOU COULDN'T GET THE PEER DONE, YOU DON'T GET YOUR CERTIFICATE OF OCCUPANCY.

WE'VE KNOWN ABOUT THAT, AND YOU'VE GONE AHEAD, AND YOU'VE BUILT THE CONDOMINIUM, BUT YOU HAVEN'T DONE ANYTHING TO THE PIER WHICH WAS THE DRIVING PART OF THE PROJECT ITSELF; IS THAT CORRECT?

>> IT'S CORRECT THAT WE HAVE NOT GOTTEN ANY APPROVAL FROM DOT.

WE'VE TRIED. WE CAN'T GO DIRECTLY TO DOT, THE TOWN HAS TO DO THAT.

>> MAY I OFFER SOMETHING? I'LL SAY THAT YES, THEY'VE BEEN TALKING SINCE 2017.

THE DOCK WAS APPROVED AS PART OF THEIR DEVELOPMENT AGREEMENT.

HOWEVER, BECAUSE OF COVID AND OTHER FACTORS, THINGS GET PUSHED BACK.

IT'S LIKE A STICKY SITUATION WHERE IT NEEDS TO BE COMPLETED BEFORE THEY GET CERTIFICATE OF OCCUPANCY.

BUT THINGS ARE NOW GETTING PUSHED BACK BECAUSE OF ALL ISSUES.

BUT I'LL JUST OFFER THAT.

>> MADAM CHAIR, THIS NEEDS TO BE PUT INTO CONTEXT.

THE DOCKS WERE A PUBLIC BENEFIT.

THE PUBLIC BENEFIT WAS GIVEN IN EXCHANGE FOR SETBACK WAIVERS, HEIGHT, AND AN INCREASED DENSITY, SO THAT APPLICANT OWNER WHO HAS ALREADY ACHIEVED THOSE BONUSES THAT IT RECEIVED AS A RESULT OF ITS COMMITMENT TO GIVE THE TOWN AND THE DOCKS BEFORE A CO WAS ISSUED.

>> UNDERSTOOD. [OVERLAPPING]

>> YOU'VE BEEN HERE BUT YOU HAVE ALIGNED WITH BOARD MEMBERS.

THERE'S BEEN A LOT OF DISCUSSION IN THE PAST ABOUT BONUSES AND POLICIES BEING ACHIEVED.

THEN THE CLB ISSUED, I'M NOT GOING TO MENTION HARBOR SIDE.

[LAUGHTER] BUT THE DEVELOPER ENJOYING THE BENEFITS OF THE BONUSES AND THE TOWN NOT GETTING IN RETURN WHAT WAS GRANTED IN EXCHANGE FOR THOSE BONUSES.

THAT'S THE CONTEXT THAT THIS PROJECT IS IN.

CERTAINLY WE NEED YOUR DISCRETION TO DECIDE WHETHER OR NOT YOU WANT TO MODIFY THAT CONDITION, AS WELL AS THE CONCRETE VERSUS THE OTHER MATERIAL OF DOCKS.

>> I STILL HAVE SOME MORE QUESTIONS.

>> YES.

>> THANK YOU. I WENT THERE IN MY BOAT, I GOT STUCK BEFORE I EVEN GOT THERE.

HOW ARE YOU GOING TO DO ANY CONSTRUCTION IF YOU CAN'T OR THE DREDGING WITHOUT DREDGING OF SOME TYPE?

>> THAT'S WHY WE HAVE MARINE ENGINEER.

THEY'VE SURVEYED IT, DID KNOW THE DEPTHS, THEY KNOW WHERE THE GRASSES ARE, AND THEY DO IT.

MATT, YOU WANT TO SPEAK SPECIFICALLY? YOU WANT SPECIFIC?

>> I HAVE SEEN SOME OF THE MAPS, BUT I THINK THEY'RE DATED FROM WHAT I SEE.

[OVERLAPPING] I DON'T THINK I CAN TELL YOU BECAUSE I GOT A PONTOON BOAT THAT DRAWS ABOUT TWO FEET OF WATER.

BY THE TIME I WENT AROUND THE DERELICT BOATS AND GOT THERE, I GROUNDED OUT, I HAD TO BACK OUT.

I'M JUST WONDERING HOW YOU'RE GOING TO GET EQUIPMENT BACK TO THE DREDGING.

[LAUGHTER]

>> THE TOPOGRAPHY UNDERWATER IS ON THE MAPS THERE AND EVERYTHING HAS BEEN MAPPED OUT.

MATT BUTLER IS HERE.

DO YOU HAVE ANY ANYTHING TO SAY ON CONSTRUCTION, AT THE MIC?

>> THANK YOU.

[LAUGHTER]

>> GOOD EVENING. I'M MATT BUTLER WITH ISAAC NINGER AND STUBBS ENGINEERING.

I'M THE COASTAL ENGINEER ON THIS PROJECT.

THE WATER DEPTHS HERE ARE SHOWN.

I AM SORRY BECAUSE IT JUST DOESN'T SHOW ALL OF THE PAGE, SO I'M NOT SURE WHAT THE DATUM IS ON THESE CONTOURS.

I'M NOT SURE IF THEY'RE AN AMINE LOW WATER DATUM OR AN NAVD DATUM.

BUT THE BOTTOM CONTOURS ARE SHOWN ON THERE.

CERTAINLY, THEY ARE A FEW YEARS OLD NOW.

BUT I DON'T SUSPECT THAT ANYTHING IN HERE HAS CHANGED.

THIS AREA IS PRETTY STATIC.

IF YOU CAN SEE DOWN ON THE VERY BOTTOM RIGHT IN THE MIDDLE COMING OFF OF THAT MANGROVE ISLAND, IT'S VERY SHALLOW.

[00:30:04]

I'M SORRY, RIGHT IN THERE.

THE SHALLOWER WATER EXTENDS PRETTY FAR ACROSS THE ENTRANCE.

IF YOU'RE COMING FROM THE NORTH FROM UNDERNEATH THE BRIDGE, YOU COULD STAY IN THE DEEPWATER THERE LIKE EMILY'S DRAWING.

YOU MIGHT HAVE TO KNOW THE AREA A LITTLE BIT TO MAINTAIN SUFFICIENT DEPTH.

[OVERLAPPING]

>> A COUPLE OF TIMES AND THEN YOU'D KNOW, RIGHT?

>> YES. ONCE YOU HIT BOTTOM, YOU LEARN NOT TO GO THERE AGAIN.

>> FAIR ENOUGH. I GUESS WHAT I'M ALSO SAYING IS THAT HAVE YOU GOTTEN ALL THE PERMITS THAT YOU NEED IF WE SAID OKAY, GO AHEAD AND CONSTRUCT THE PIER AND ALL THAT? LET'S JUST SAY, HOW LONG WOULD IT BE BEFORE YOU COULD ACTUALLY PUT THE PROPER MATERIAL ON IT?

>> WELL, WE HAVE TWO PERMITS.

WE NEED FDOT FOR THE CONNECTION UNDER THE BRIDGE AND I BELIEVE THAT THAT'S STILL AN UNKNOWN AT THIS TIME.

>> BUT YOU WANT US TO GIVE YOU AN OCCUPANCY AGREEMENT WITHOUT KNOWING WHAT THE END TIME IS GOING TO BE FOR THE COMPLETION OF THE PIER; IS THAT CORRECT?

>> WE'VE PUT A DATE SPECIFIC IN THERE.

>> BUT WE STILL DON'T KNOW ALL THE REQUIREMENTS TO MAKE THE PIER HAPPEN; IS THAT CORRECT?

>> IT'S THE LEGAL AGREEMENT FOR THE LEASE UNDERNEATH, I BELIEVE.

[OVERLAPPING]

>> THAT'S ALL MY QUESTIONS.

>> THANK YOU. COMMISSIONER PINTEL IS ANXIOUS TO SPEAK.

>> THANK YOU. STAFF BROUGHT IN AN EXPERT ON THE DIFFERENT MATERIAL AND I WANTED TO SEE WHAT HIS OPINION IS ON THE CONCRETE DOCKS VERSUS THE COMPOSER MATERIALS FOR THE PUBLIC LIABILITY AND THE MAINTENANCE.

I WANTED TO HEAR WHAT HE HAD TO SAY ABOUT THAT.

>> GOOD EVENING THOMAS HERNANDEZ FOR THE RECORD, DIRECTOR OF ENGINEERING AND PUBLIC WORKS.

JUST MY LIMITED EXPERIENCE OF DEALING WITH THE DOCKS AND JUST DIFFERENT MATERIALS SO I BUILT THE DUNE CROSSOVERS FOR THE TOWN I'VE BEEN DOING THAT FOR THE PAST ROUGHLY FIVE YEARS, WE FINALLY FINISHED OUT THIS YEAR.

INITIALLY WHEN WE HAD STARTED WORKING ON SOME OF THOSE DUNE CROSSOVER STRUCTURES WE REALIZED HOW HOT COMPOSITE MATERIAL COULD ACTUALLY GET AND ON SOME OCCASIONS WE HAD TAKEN UP ONTO THE ROOF AND ACTUALLY SHOT THEM WITH AN INFRARED THERMOMETER AND SPECIFICALLY PAID A LOT OF ATTENTION TO JUST THE TEMPERATURE THAT CAME OFF OF THAT.

NOW I'LL KEEP IN MIND THOSE WERE ON A ROOF SO EVEN DOUBLE-CHECKING TODAY I WENT AND BROUGHT THEM IN DIFFERENT LOCATIONS, THE SAME PROPOSED COMPOSITE PRE-FILL MATERIAL AND CAME UP WITH ROUGHLY SAME RANGE VERSUS ON THE ROOF VERSUS ON THE GROUND ON A SMALL PIECE OF CONCRETE ON THE SIDE OF THE BUILDING.

THAT CAME UP WITH ROUGHLY 140 FOR THAT COMPOSITE MATERIAL ON THE SUN, WHICH IS QUITE WARM AND JUST TO CHECK IT AGAINST SOMETHING ELSE I CHOSE A PIECE OF CONCRETE SIDEWALK WHICH JUST TRYING TO COME UP WITH A SIMILAR MATERIAL AND THAT WAS ROUGHLY ABOUT 115, 110.

SO THERE'S DEFINITELY A DIFFERENCE THERE.

AS FAR AS THE MATERIAL WEAR FOR THE COMPOSITE, THAT IS NOT AS LARGE OF A CONCERN THE FACT IS THAT IF SOMEBODY IS ON A BOAT THEY'RE LIKELY TO BE WITHOUT SHOES, THEY'RE LIKELY TO STEP OFF ONTO A STRUCTURE THAT THEY'RE EXPECTING IS GOING TO BE SOMETHING THAT THEY CAN TAKE THAT AS NOT QUITE AS WARM.

I WOULD NOT WANT SOMEONE TO STEP ON SOMETHING THAT'S GOING TO BE SCALDING.

OF COURSE THE CONCRETE ITSELF, I GUESS IF YOU IF YOU LOOK AT THIS PRE-FILL MATERIAL WHICH IS A COMPOSITE MATERIAL WHICH WAS BEING PROPOSED, THAT IN ITSELF LONG-TERM MAINTENANCE WISE I FEEL IT COULD PROBABLY HANDLE ITS WEIGHT OUT THERE JUST THE HEAT THAT WAS PUT OFF BY THAT AND THE AMOUNT OF HEAT THAT CAN BE ABSORBED BY THE SUN IS CONCERNING TO ME.

CONCRETE ITSELF, I'M A CIVIL ENGINEER I WORK WITH CONCRETE A LOT, I'M COMFORTABLE WITH CONCRETE IT'S A DURABLE MATERIAL.

WE AS THE TOWN OR AT LEAST THE STAFF LIKE TO SEE THINGS THAT CAN STAND THE TEST OF TIME THAT CAN BE OUT THERE FOR AN EXTENDED PERIOD OF TIME AND REQUIRE LITTLE MAINTENANCE, ESPECIALLY FOR FACILITIES SUCH AS THIS WHICH WE'LL HAVE TO FIGURE OUT HOW OPERATIONS WILL

[00:35:07]

GO ON A DAILY BASIS BUT IDEALLY SOMETHING THAT'S NOT GOING TO BE MONITORED ON A REGULAR BASIS, AT LEAST NOT THAT I'M AWARE OF AT THIS POINT.

>> THANK YOU. COMMISSIONER GUISINGER YOU HAVE THE FLOOR, DO YOU HAVE ANY MORE QUESTIONS?

>> WHAT IS THE DIFFERENCE BETWEEN THE LIFESPAN ON THE CONCRETE VERSUS THE COMPOSITE?

>> TYPICALLY IF YOU TAKE THE LIFESPAN OF CONCRETE, LET'S SAY THAT I ASSUME THAT IT'S A SIDEWALK OUT IN THE ROADWAY.

IF IT'S NOT TAKING A LOT OF A BEATING A LOT OF TIMES A SIDEWALK CAN LAST YOU 50 YEARS AND I'M REFERENCING CONCRETE IN PARTICULAR NOT NECESSARILY A CONCRETE DOCK.

THOSE CAN LAST FOR AN EXTENDED PERIOD OF TIME IT JUST DEPENDS ON WHAT IMPACT IT RECEIVES AND WHAT CONSTRUCTION THE MATERIAL IS PLACED UNDER.

TYPICALLY I WOULD FEEL COMFORTABLE THAT A PIECE OF CONCRETE COULD HANDLE THE IMPACT AND LONG-TERM DURABILITY OF IT AS FAR AS THE ACTUAL MATERIAL ITSELF FOR THE [INAUDIBLE], I'LL BE HONEST IT'S A FAIRLY NEW MATERIAL TO ME.

SO I WOULD SAY THAT OVER TIME I'M MORE COMFORTABLE WITH CONCRETE BUT THE INEXACT AMOUNT OF TIME FOR ONE LAST VERSUS THE OTHER I HAVE NOT SEEN A CASE STUDY THAT COMPARES THE TWO.

>> WHAT OTHER MATERIAL WOULD YOU RECOMMEND BESIDES THE CONCRETE FOR THE COMPOSITE?

>> SOME OF THE COMMENTS THAT WERE GIVEN BY STAFF WHICH WERE MY COMMENTS THAT WERE WRITTEN UP INTO THE SOME OF THE STAFF REPORT.

INSTEAD OF A COMPOSITE I WAS RECOMMENDING AN EPA MATERIAL WHICH IS A BRAZILIAN HARDWOOD.

IT HAS THE ABILITY TO LAST FOR A LONGER PERIOD OF TIME.

IT IS A VERY DENSE WOOD, ITSELF TENDS TO LAST LONGER.

IT'S NOT QUITE AS WARM I ACTUALLY WENT OUT TODAY TO THE INLET VILLAGE MARINA AND SOME ARE DOCK OUT THERE AND AGAIN SHOOT IT WITH AN INFRARED THERMOMETER.

MY RECOMMENDATIONS WERE AN EPA IS REALLY IF THERE WERE THE ABILITY TO OR IF IT WAS ALLOWED BY TOWN COUNCIL TO MOVE AWAY FROM THE CONCRETE TO IT WAS SUGGESTED THAT A EPA MATERIAL WOULD BE A SECOND OPTION.

I'M NOT SAYING THAT I WOULDN'T BE OPEN TO REVIEWING OTHER ITEMS BUT AT THIS POINT THOSE ARE THE TWO THAT I'M MOST FAMILIAR WITH.

>> THANK YOU.

>> I DON'T HAVE ANYMORE QUESTIONS AT THIS TIME.

>> THANK YOU, COMMISSIONER HELD?

>> THE ENGINEER.

DO WE HAVE OTHER SLIPS, OTHER DOCKS IN THE TOWN OF JUPITER THAT HAVE UTILIZED THE BRAZILIAN HARDWOOD?

>> YES. UNLESS I'M MISSING ANY OTHERS I'M ONLY AWARE OF TWO THAT WE CURRENTLY OWN.

THERE ARE SOME THAT ARE OTHER PUBLIC DOCKS WHICH I'M NOT AS FAMILIAR WITH, I DON'T HAVE A LOT OF BACKGROUND ON THOSE BUT WE AS THE TOWN WE OWN TWO DOCKS THAT ARE FLOATING DOCKS AND THEY'RE FULL ALUMINUM FLOAT STYLE DOCKS.

ONE IS AT JOHNS CREEK PRESERVE AND THE OTHER AND THAT HAS AN EPA DECKING ON IT AND THEN THERE IS ALSO ONE THAT AS I HAD MENTIONED THE INLET VILLAGE MARINA WHICH ALSO HAS AN EPA DECK ON IT WHICH IS A FULL FLOAT ALUMINUM STYLE DOCK.

>> IN COMPARATIVE CONTRAST BETWEEN THE MAINTENANCE, UPKEEP OF HAVING A CONCRETE SYSTEM AS OPPOSED TO A BRAZILIAN HARDWOOD.

>> TYPICALLY FOR A CONCRETE YOU'RE ONLY GOING TO MAINTAIN IT IF IT HAPPENS TO HAVE CRACKING OR IF IT HAS SPRAWLING WHICH IS A SPRAWLING IS WHEN CONCRETE BREAKS AWAY FROM THE OVERALL CONCRETE STRUCTURE ITSELF.

THE DIFFERENCE BETWEEN GOING OUT AND PATCHING THAT OR FILLING IN CRACKS IN THE CONCRETE, IT TENDS TO BE LESS LIKELY OR MUCH MORE SIMPLE OPERATION THAN ME HAVING TO GO OUT AND MAKE SURE THAT DECKS AREN'T POPPING UP OCCASIONALLY OR THE SCREWS AREN'T COMING OUT OF THE DECK IF THERE ARE CHANGES IN TEMPERATURE.

AN EPA DECK THANKFULLY THAT WOOD ITSELF IT TENDS TO LAST A VERY LONG TIME BECAUSE IT IS SUCH A DENSE MATERIAL.

BUT WITH THE SPECIFIC DECK ITSELF THAT HAS BOARDS IN IT,

[00:40:01]

WE HAVE TO GO OUT THERE AND MAKE SURE THAT NONE OF THEM ARE POPPING UP, NONE OF THEM OR A TRIPPING HAZARD, THERE'S NO SCREWS OR ANYTHING THAT'S POPPING UP OUT OF IT ON A REGULAR BASIS TO MAKE SURE THAT NOBODY IS GOING TO STUB THEIR TOE ON THEM OR IT'S NOT GOING TO CAUSE A TRIPPING HAZARD OR SOMETHING OF THAT NATURE.

>> SO THERE'S MORE OF AN ONGOING GUIDANCE THAT YOU HAVE TO HAVE [OVERLAPPING]

>> CORRECT. NOT TO SAY THAT WE STILL WOULDN'T GO OUT AND STILL REVIEW THE OTHER DOCK ITSELF.

>> THE CONCRETE.

>> THE CONCRETE IDEALLY YOU WOULD JUST GO OUT AND PRESSURE WASH IT FOR ANY MILDEW OR ANYTHING THAT WOULD BE ON TOP OF IT.

>> THEN ALSO, I KNOW THERE WAS A MENTION ABOUT HARBOR-SIDE WITH THEIR FLOATING CONCRETE.

THAT'S A WHOLE DIFFERENT SYSTEM THAN WHAT WE'RE TALKING ABOUT RIGHT NOW, CORRECT?

>> YES, I'VE NOT BEEN OUT TO REVIEW THAT SYSTEM BUT AFTER TONIGHT I LIKELY WILL GO REVIEW THAT SYSTEM.

>> THANK YOU VERY MUCH.

>> CAN I MAKE A COMMENT MATT BUTLER WITH HEZAMINGER AND SUBS AGAIN.

THERE IS SOME ADDITIONAL MAINTENANCE FOR CONCRETE DOCKS.

THERE'S TWO TYPES OF DOCKS JUST SO WE'RE TOTALLY CLEAR.

IT'S BASICALLY A POLY FLOAT, IT'S A PLASTIC FLOAT, ALUMINUM FRAME DOCK WITH SOME DECKING OR IT'S A CONCRETE DOCK THAT'S BASICALLY A HOLLOW CONCRETE SHELL AND THE CONCRETE HAS NO DECKING IT'S JUST CONCRETE.

WHEN YOU GET THE ALUMINUM FRAMED DOCK, YOU GET IT IN PIECES AND YOU ASSEMBLE IT ON SITE, YOU BOLT IT TOGETHER AND THEN YOU PUT YOUR DECKING ON IT SIMILAR TO ANY OTHER DECK OR ANY OTHER STRUCTURE THAT HAS A DECKING SURFACE.

THE CONCRETE IS A LITTLE BIT DIFFERENT.

IT DOES COME IN BIG SECTIONS THAT GET DELIVERED BY 18-WHEELER, BUT THEN YOU CAN'T BOLT CONCRETE SECTIONS TOGETHER.

SO WHAT THEY DO ON THESE CONCRETE DOCKS IS THEY HAVE A WALER SYSTEM.

A BOARD THAT RUNS ON THE OUTSIDES TYPICALLY WOOD BUT IT COULD BE A COMPOSITE MATERIAL.

THEY HAVE EIGHT-FOOT LONG THREADED RODS THAT GO ALL THE WAY THROUGH THE DOCK FROM ONE SIDE TO THE OTHER AND YOU JUST BUTT UP THE SECTIONS TOGETHER AND YOU RUN THE BOLTS ALL THE WAY THROUGH THE WALER SYSTEM ON THE SIDE AND THAT HOLDS THE SECTIONS TOGETHER.

OVER TIME, THOSE BOLTS BECOME LOOSE AND NEED MAINTENANCE.

ASIDE FROM THE POTENTIAL ISSUES THAT THOMAS MENTIONED ABOUT THE CONCRETE, THAT'S A MAIN ISSUE AND AS A COASTAL ENGINEER WHO DEALS WITH MARINAS THAT'S SOMETHING THAT PEOPLE DON'T TAKE CARE OF BECAUSE IT'S JUST UNSEEN BUT THAT'S A MAINTENANCE ISSUE THAT NEEDS TO OCCUR IF CONCRETE FLOOR AND DOCKS ARE DONE. I JUST WANT TO BRING THAT UP.

>> MAY I ADD JUST ONE OTHER THING THAT THE HARBOR-SIDE DOCK IT'S A COMBINATION.

IT IS THE ALUMINUM FRAME FLOATING SYSTEM WITH EQUIVALENT OF CONCRETE TILES ON TOP, SO THE SURFACING IS CONCRETE BUT IT'S NOT THE CONCRETE. THANK YOU.

>> ANY FURTHER QUESTIONS?

>> NO.

>> WELL I MIGHT AS WELL FINISH THIS SIDE OF THE ROOM OFF.

COMMISSIONER BLUM, DO YOU HAVE ANY QUESTIONS?

>> YES, IN A WHOLE ANOTHER DIRECTION I SAW IN HERE ABOUT THE WORKFORCE HOUSING UNITS AND I'M WONDERING WHERE WE'RE AT WITH THOSE IF A CERTIFICATE HAS BEEN ISSUED FOR THOSE YET OR HOW THAT PLAYS INTO ALL THIS?

>> GETTING CLOSE. THEY'RE FINISHING UP NOW.

THEY'LL BE DONE BEFORE THE BUILDING.

IF YOU WANT MORE DETAIL, [INAUDIBLE] WILL COME BACK UP HERE AND GIVE YOU BLOW BY BLOW WHAT'S GOING ON WITH THEM.

>> DID YOU WANT MORE DETAIL?

>> THE OTHER QUESTION I HAVE WHEN YOU'RE TALKING ABOUT THESE DIFFERENT SURFACES, I KNOW HE AND MAINTENANCE AND ALL THAT, BUT WHAT ABOUT SLIPPAGE? BECAUSE THAT TO ME IT WOULD BE A LIABILITY PARTICULARLY SINCE YOU'RE GETTING IN THAT BOATS AND WET SURFACES, HOW THAT PERTAINS TO ANY OF THESE SURFACES?

>> I THINK THEY'RE ALL FINE FOR THAT.

YES.

[OVERLAPPING]

>> I'M JUST GOING TO GO FOR IT.

>> YEAH. I WOULD SAY THAT CONCRETE IS VERY GOOD FOR SLIPPAGE IT'S ROUGH.

IT'S GOT SOME ROUGHNESS TO IT.

THE IPE DECKING HAS GRIPPED TO IT.

IT'S A WOOD BUT WOOD IS NOT TYPICALLY SLIPPERY.

IT'S PRETTY GOOD AS WELL. THEY'RE BOTH GOOD.

I'M LESS FAMILIAR WITH THE COMPOSITE MATERIAL THAT'S BEING FLOATED AS A POTENTIAL.

I'M UNSURE ABOUT THAT, BUT ALL THESE MATERIALS ARE MADE FOR DOCS AND THINGS LIKE THAT.

[00:45:03]

THAT'S ALL BEEN I'M SURE, ENGINEERED INTO THEM.

>> ON THE COMPOSITE IT'S ENGINEERED INTO IT.

>> ABSOLUTELY.

>> WHEN YOU TALKED ABOUT THAT SYSTEM AND HOW THEY'RE PUT TOGETHER AND HOW THAT'S NOT ALWAYS MAINTAINED AS MUCH AS IT SHOULD BE.

HOW OFTEN IS IT RECOMMENDED THAT THAT IS LOOKED AT?

>> UNFORTUNATELY, I DON'T KNOW THAT, BUT I WOULD SAY IT'S PROBABLY MAYBE ANNUALLY.

I MEAN, NO MATTER WHAT YOU BUILD, IT'S GOING TO REQUIRE MAINTENANCE AND THOMAS AND HIS CREW ARE GOING TO HAVE TO MAINTAIN IT.

I SUSPECT THAT PROBABLY ONCE A YEAR SOMEBODY WHO'S GOING TO GO OUT THERE AND MAKE SURE THAT IT LOOKS GOOD UNLESS SOMEBODY CALLS AND SAYS, HEY, THERE'S SOME PROBLEMS WITH, X, Y, Z.

>> MR. HERNANDEZ, DO YOU WANT TO ANSWER THAT SINCE YOU'RE GOING TO BE IN CHARGE OF IT? [LAUGHTER]

>> WE DO REGULARLY GO OUT AND LOOK AT OUR DOCS.

I DON T KNOW THAT OFF THE TOP OF MY HEAD.

HOWEVER, IT'S GOING TO BE MORE THAN ANNUALLY THAT WE TYPICALLY GO OUT TO LOOK AT DOGS.

IF IT WERE A DUNE CROSSOVER STRUCTURE, WE WILL LOOK AT THOSE MONTHLY, BUT I WILL IF WE HAVE A MOMENT, I WANT TO GO BACK AND LOOK AT MY ACTUAL WORK ORDER SYSTEM BECAUSE I HAVE THE ABILITY TO DO THAT FROM HERE AND VERIFY THAT AMOUNT.

BUT ARE THAT FREQUENCY IS A COMMENT FOR THIS SLIP RESISTANCE FOR THE COMPOSITE MATERIAL.

IT DOES HAVE A LITTLE BIT OF GRIT TO IT.

IT'S NOT QUITE AS SLICK AS A TREKS MATERIAL.

HOWEVER, OVER I'VE NOT VIEWED IT OVER A LONG PERIOD OF TIME, BUT IT DOES APPEAR TO HAVE A LITTLE BIT OF A GRIT TO IT. THAT'S ME.

I HAVEN'T ALSO PUT A SLIP RESISTANCE TEST TO IT, WHICH ACTUALLY WITH AN IPE STYLE MATERIAL I HAVE DONE IN THE PAST BECAUSE THERE WAS SOME CONCERN WITH DOING CROSSOVERS IN THE PAST.

I ACTUALLY HAVE RUN FAIRLY.

I HAVE RUN OR HAD SLIP RESISTANCE TESTS DONE ON THOSE.

I AGREE WITH WHAT MATT IN HIM STATING THAT CONCRETE IS TYPICALLY UNLESS YOU FINISH IT VERY FINE.

IT'S NOT TYPICALLY AN ISSUE TO HAVE ISSUES WITH SLIP RESISTANCE.

>> ANY FURTHER QUESTIONS?

>> NO, THAT'S IT. THANK YOU.

>> THANK YOU. COMMISSIONER [INAUDIBLE].

>> A LOT OF MY QUESTIONS ARE ASKED OVER HERE, BUT ON THE IPE MATERIAL YOU SAID JONES PRESERVE, RIGHT NOW IT'S HUGE THERE?

>> JONES CREEK PRESERVED.

IT'S LOCATED AT, I BELIEVE IT'S 1,000 INDIAN TOWN ROAD.

IT'S A SMALL PRESERVED THAT'S ON OFFER MELALEUCA LANE ON THE SOUTH SIDE OF INDIAN TOWN ROAD.

>> HAVE YOU HAD A CHANCE TO MEASURE THE TEMPERATURE OFF DURING THE SUNNY DAY?

>> I DID NOT ACTUALLY MEASURE THAT ONE BECAUSE THAT ONE ACTUALLY HAS MADE MANGROVES GROWING OVER THE TOP OF IT.

BUT I DID MEASURE TODAY WITH THE INLET VILLAGE MARINAS DOCK, AND IT WAS REGISTERING IN THE SUNLIGHT, EXCUSE ME FOR A MOMENT.

ANYWHERE FROM ABOUT 1:21 TO ABOUT 1:30.

>> THAT'S MAYBE 10 DEGREES LESS THAN THE COMPOSITE?

>> CORRECT.

>> THE MAINTENANCE WE'RE MEANT YOU HAD TO PUT ON THIS IPE MATERIAL.

I WAS READING ABOUT SOME OF THE THINGS YOU HAVE TO BE CAREFUL UP TO MAINTAIN IT FOR 50, 60 YEARS IT IS PERIODIC MAINTENANCE CLEANING IN OIL IN IT ONCE A YEAR TO MAINTAIN IT.

>> WE TYPICALLY DO NOT OIL THE MATERIAL.

HOWEVER, IPE HAS IN MANY LOCATIONS A LOT OF TIMES YOU'LL LEAVE THEM LOOK AT DOING CROSSOVERS THAT WE'VE DONE 10 YEARS AGO THAT HAD BEEN FRONTLINE TO THE OCEAN AND THE MATERIAL HAS STOOD THE TEST OF TIME, FOR EXAMPLE THE INLET VILLAGE, MARIE AND I WENT TO LOOK AT THAT TODAY.

THAT PROJECT WAS BUILT IN ROUGHLY 2010.

IT'S BEEN OUT THERE FOR ABOUT 13 YEARS NOW.

WE DON'T AS I'VE MENTIONED, WE DON'T OIL IT.

WE GO AND CHECK THE BOARDS AND MAKE SURE THEY'RE NOT POPPING OR THERE'S ANY ISSUES WHERE THERE MIGHT BE SOMEONE THAT MIGHT STUB THEIR TOE.

BUT WE TYPICALLY DON'T HAVE ANY LARGE ISSUES WITH THE IPE MATERIAL.

>> THANK YOU. HAVE ONE QUESTION FOR THE APPLICANT ON THAT.

PREFER MATERIAL.

HAVE YOU LOOKED AT OTHER COMPOSITES THAT DON'T GET SO HOT? [OVERLAPPING]

>> I KNOW THIS IS A RECENT TOPIC.

I WOULD SUSPECT THAT MOST OF THEM HAVE A HIGH THING.

IT'S JUST ARTIFICIAL TURF IS MUCH HIGHER THAN REGULAR TURF.

WE WOULD LIKE THERE'S ONE OTHER OPTION THAT I NEED TO RESEARCH.

[00:50:01]

THAT IS THAT THEY'VE COME A LONG WAY WITH THERMAL FINISHING A WOOD.

IT HARDENS IT, IT TAKES ALL THE WATER OUT AND BECOMES WATER REPELLENT.

YOU USE A MORE SUSTAINABLE TREE THAT IS FASTER GROWING WHEN YOU DO THIS.

I KNOW ITS APPLICATIONS ON DECKS.

I DON'T KNOW ITS APPLICATION ON DOCS.

BUT WHAT I WOULD LIKE IS THAT OPPORTUNITY TO EXPLORE THE IPE WOOD IT'S NOT SUSTAINABLE.

I MEAN THEY'RE KNOCKING DOWN ARE THE TROPICAL RAIN FORESTS.

[NOISE]

>> BECAUSE WE ARE SPECIFYING THIS MATERIAL.

IT'S GREAT MATERIAL.

>> REASON WHY I ASKED HIM ABOUT THE COMPOSITE BECAUSE I JUST DID A LITTLE RESEARCH AND IT'S THERE'S A COMPANY CALLED CODEC TECHNOLOGIES THAT OFFERS A COOLER DECK MATERIAL COMPOSITE.

I JUST WANT YOU TO CONSIDER IN THAT [OVERLAPPING]

>> WOULD BE.

>> WELL, I WOULD LOVE FOR THE STAFF TO BE OPEN FOR US TO FIND, BUT THANK YOU FOR THAT.

WE'LL LOOK TO IT.

>> I GUESS I HAVE ANOTHER QUESTION.

THIS IS MAINLY FOR THE STAFF ABOUT THE SECURITY BOND FOR THE HAVE WE LOOKED AT THE OTHER EXCEPTIONS THEY WANTED THAT WERE ACTS OF GUARD OR CIRCUMSTANCES OUTSIDE THEIR CONTROL. IS THAT BEEN REVIEWED?

>> WE WEREN'T. THOMAS MIGHT WANT TO ANSWER IN TERMS OF THE LIQUIDATED DAMAGES?

>> YES.

>> AS FAR AS THE EYE WOULD ALSO SHARE SOME OF THEIR CONCERNS IS IF THEY'RE LOCKED INTO A TIME AND THAT THERE'S NO WAY FOR THEM TO BE GIVEN THE APPLICANT BE GIVEN THE ABILITY TO DEAL WITH ANY I GUESS, CONDITIONS OUTSIDE THEIR CONTROL, THERE MIGHT BE SOMETHING THAT WOULD PUT THEM INTO A SITUATION THAT MIGHT BEYOND THEIR CONTROL, MIGHT DELAY THEM BEYOND IT.

WHETHER OR NOT THAT'S SOMETHING THAT CAN BE ALLOWED.

IF I WERE IN THEIR POSITION, I WOULD LIKELY ASK FOR A SIMILAR RELIEF BECAUSE IF THEY HAVE FOR EXAMPLE THIS STATED, A HURRICANE, IT WOULD BE DIFFICULT FOR THEM TO COMPLETE THE OR IF THERE WERE A WORK STRIKE OR SOME MATERIAL SHORTAGE THAT'S BEYOND THEIR CONTROL.

I WOULD LIKELY TREATED THE SAME WAY OR ORDER REQUESTS THAT THE SAME MANNER IF I WERE IN THEIR POSITION.

>> LOOKING STAFF. I MEAN, AS I UNDERSTAND THAT YOU'RE RECOMMENDING A CASH BOND.

CORRECT? I'M ASSUMING THAT YOU'VE DONE THAT WITH OTHER PROJECTS CASHBOX?

>> THAT'S CORRECT.

>> I'M ASSUMING THE CASH BOND IS A FORM? PRETTY MUCH.

A LETTER THAT'S A FOREIGN. PRETTY MUCH?

>> YES.

>> IT'S CASH BOND OR THE LETTER OF CREDIT WHICH WAR? THE SURETY BOND, WHICH WOULD BE THE FROM MY PERSPECTIVE, THE LEASE PREFERENTIAL OF THE THREE WOULD HAVE THE TERMS AND THERE INCLUDING TERMS RECOGNIZING FORCE MAJEURE, WHICH IS COMPROMISED, THEN IT WOULD BE IN THE DOCUMENT, CORRECT?

>> CORRECT. WE ACTUALLY WERE REQUESTING THE TOWN TO HOLD THE FUNDS TO COMPLETE THE DOCK AND NOT HAVE A LETTER OF CREDIT.

>> NOT ASKING FOR A CASH BOND, YOU'RE NOT AT [OVERLAPPING]

>> A CATCHER'S THE INSTRUMENT YOU ARE ASKING FOR ESCROW?

>> YES. THAT WOULD BE A BETTER TERM.

>> OKAY. WELL.

>> [INAUDIBLE].

>> I DON'T WANT TO HAVE THAT DISCUSSION WITH THE BOARD.

I'LL HAVE THAT WITH THE STAFF.

>> UNDERSTOOD. YOU HAVE MORE QUESTIONS?

>> NO MORE QUESTIONS.

>> THANK YOU. COMMISSIONER KIRN.

>> THANKS. A COUPLE OF QUESTIONS FOR THE APPLICANT.

DO WE KNOW WHAT THE EXPECTED CO IS FOR THE CONDOMINIUM UNITS?

>> PRESENTLY THE SCHEDULE SHOWS COMPLETION END OF JULY, EARLY AUGUST, AND I UPDATE MY SCHEDULE EVERY MONTH, AND WHAT'S HAPPENED TO ME IS I GET THROUGH THE MONTH AND WE'VE COMPLETED TWO WEEKS WORTH OF WORK.

WHETHER IT'S WEATHER, MATERIAL DELAYS, LABOR SHORTAGES AND SO FORTH.

RIGHT NOW I'M SHOOTING FOR EARLY AUGUST IT'S LIKELY TO BE BEYOND THAT.

BUT IF I DON'T SET AN AGGRESSIVE SCHEDULE,

[00:55:04]

WE WILL NEVER GET IT DONE.

WE JUST KEEP PUSHING AND WE'RE CONSTANTLY SOLVING PROBLEMS, OVERCOMING OBSTACLES AND PUSHING FORWARD.

IT'S IN OUR BEST INTERESTS TO GET IT DONE BECAUSE, THE CARRYING COST WITH THE MONEY, INSURANCE, SECURITY AT NIGHT, TEMPORARY ELECTRIC, TEMPORARY WATER, ALL THAT STUFF.

IT'S COSTING US A LOT OF MONEY EVERY DAY, SO WE ARE PUSHING TO GET IT DONE.

THAT'S WHERE THE SCHEDULE IS RIGHT NOW.

>> THANK YOU. WHEN YOU ALL TALK ABOUT DELAYS OUT OF YOUR CONTROL, WHAT WOULD BE AN EXAMPLE OF THAT THAT YOU'RE TRYING TO EXCLUDE THE DAILY PENALTY?

>> IT'S A TYPICAL QUESTION, CHAIR.

>> YEAH, AND I'M WONDERING AFTER OUR ATTORNEY SPOKE WHETHER IF IT WERE HANDLED NOT IN THE CONDITION OF APPROVAL.

IF IT WERE NOT IN THE CONDITION OF APPROVAL AND IN THE AGREEMENT FOR THIS BOND MONEY THEN YOU HAVE A PLACE TO TALK.

IF SOMETHING HAPPENS AND IT'S LEFT IN LIKE THIS, AND A HURRICANE COMES AND WE'RE DELAYED, WE HAVE TO COME BACK TO CHANGE THE CONDITION OF APPROVAL.

WE HAVE TO COME BACK TO YOU, AND TO COUNCIL BECAUSE IT'S A CONDITION OF APPROVAL.

>> I WAS THINKING THAT TOM SAID THAT WOULD BE COVERED UNDER FORCE MAJEURE.

BUT I'M THINKING ARE YOU TRYING TO GET AN OUT IN CASE YOU DON'T GET YOUR PERMITS OR IN CASE YOU GOT SUPPLY CHAIN ISSUES OR THINGS LIKE THAT?

>> MY CONCERNS ARE MOSTLY PERMITTING BECAUSE THAT'S WHERE WE'VE HAD THE DIFFICULTY WITH DOT.

THE TOWN RESPONDS, WE CAN TALK TO THEM, WE CAN COME SEE THEM.

BUT DOT, THEY'RE NOT VERY RESPONSIVE.

BUT THE TYPICAL FORCE MAJEURE CLAUSE IS ALL WE'RE ASKING FOR AND NOTHING MORE.

BUT, THINGS OUT OF OUR CONTROL DO INCLUDE DOT.

>> OKAY.

>> THANK YOU.

>> I THOUGHT I SAW ON YOUR NOTES HERE THAT THE BUDGET FOR THE CONCRETE DOCKS IN 2017 WAS AROUND 800,000, DO YOU HAVE A BALLPARK NUMBER FOR WHAT THAT SAME NUMBER WOULD BE TODAY?

>> I DON'T BECAUSE I HAVEN'T BEEN WORKING ON THAT.

SOMEBODY ELSE IN MY OFFICE HAS, AND BEEN IN CONTACT WITH EMILY AND SO FORTH.

I DON'T HAVE THAT INFORMATION RIGHT NOW.

>> THANK YOU.

>> IF YOU HAVE THE CONSTRUCTION TECHNOLOGIES QUOTE IN THE APPLICATION, THEN THE NUMBERS ARE THERE. I JUST HAVE IT.

>> THE TEXT QUOTE [OVERLAPPING]

>> THAT'S FOR THE COMPOSITE.

>> I WAS ASKING FOR A CURRENT PRICE FOR THE CONCRETE DOCK THAT YOU SAID YOU WERE GOING TO BUILD?

>> I DON'T HAVE IT HERE RIGHT NOW.

I HAVE SOMEBODY IN MY OFFICE THAT PROBABLY HAS INFORMATION I CAN GET IT.

>> SURE. I WAS JUST CURIOUS. THANK YOU.

I'M JUST TRYING TO GET A SENSE OF THE VALUE THAT THIS DOCK CREATED IN TERMS OF THE BONUS.

I'M CURIOUS AND I DON'T WANT YOU ALL TO GIVE AWAY ANY TRADE SECRETS HERE, BUT WHAT PERCENTAGE OF THE UNITS HAVE BEEN SOLD AND IS THERE AN AVERAGE COST OR AN AVERAGE PRICE THAT YOU'RE SELLING THESE UNITS FOR? [NOISE]

>> WELL, WE STARTED TO SELL RIGHT AFTER WE GOT THE APPROVAL.

WE PUT A SMALL SIGN ON THE FENCE, THE NEW CONDOS FOR SALE, AND WE PUT THE OWNER'S PHONE NUMBER ON, AND WE HAD ROUGHLY 600 CALLS IN THREE WEEKS.

WE SOLD OUT BEFORE WE WERE EVEN ABLE TO RETURN ALL THE CALLS, WE'RE NOT BROKERS AND STUFF LIKE THAT, WE WERE THE CURIOUS PEOPLE.

BUT WE SOLD OUT BEFORE THE PRICES JUMPED.

WE WOULD TAKE THEM ALL BACK IF WE COULD.

BUT WE HAD A COUPLE OF PEOPLE CANCEL WHEN THEY GOT THE FINAL CONTRACT.

WE HAVE THREE THAT WE'RE STILL HOLDING.

WE DIDN'T WANT PEOPLE SPECULATING AND SO FORTH.

WE WANTED PEOPLE THAT WERE ACTUALLY GOING TO BUY THERE AND LIVE THERE.

IN OUR CONTRACT WE HAVE A TWO-YEAR BUYBACK.

IF THEY GO TO SELL WITHIN TWO YEARS, WE CAN BUY IT BACK.

THE SPECULATORS AND THE FLIPPERS AND STUFF LIKE THAT, WHEN THEY SAW THAT THEY DECLINED THE CONTRACT, SO WE SAID, THANK YOU VERY MUCH, SO WE HAVE THREE UNITS.

>> WHAT ARE THEY PRICED AT?

>> NO, WE'RE NOT EVEN OFFERING, I DON'T EVEN HAVE A PRICE TO QUOTE ANYBODY.

WE'RE JUST GOING TO WAIT UNTIL IT'S DONE AND SEE WHERE THE MARKET IS.

LIKE I SAID, THE ONES WE SOLD EARLY, WE SOLD.

[01:00:02]

>> NINETY-TWO, THE AVERAGE PRICE.

>> NO. THEY'RE LARGE UNITS.

THEY AVERAGE AROUND 3,000 SQUARE FEET, 2,900 AND CHANGE.

DEPENDING ON THE FLOOR YOU'RE ON AND SO FORTH. I DON'T KNOW THAT.

>> I'M JUST TRYING TO GET A BALLPARK.

ARE THEY TWO MILLION UNIT, THREE MILLION UNIT?

>> NO.

[OVERLAPPING]

>> I DON'T KNOW THAT THIS IS PART OF THE QUESTION IN WHAT THEY'RE SELLING THE UNITS FOR.

>> OKAY.

>> I THINK THAT THE TOP NUMBERS ARE UNDER TWO AND A HALF.

THAT WOULD BE PENTHOUSE UNIT, A VERY LARGE UNIT.

>> A QUICK QUESTION FOR STAFF.

DO YOU ALL KNOW HOW LONG HARBORSIDE DOCK HAS BEEN IN USE?

>> HARBORSIDE WAS COMPLETED, I BELIEVE IN 2014.

>> THE REASON I ASK IS I WALKED UP THIS MORNING AND IF YOU LOOKED AT SOME OF THE PHOTOS, THERE'S SOME MISMATCH TILES ALREADY.

IF WE CHOOSE TO GO THAT ROUTE, WE OBVIOUSLY WANT TO HAVE PLENTY OF ALEX STOCK TO REPLACE THOSE SO IT DOESN'T LOOK THE WAY THOSE DO.

SORRY, LAST QUESTION.

IF WE DO GO BACK TO THE CONCRETE DOCK, WHAT KIND OF DELAY DO YOU ANTICIPATE IT WOULD TAKE TO GET THAT? DO YOU HAVE ANY BALLPARK AT ALL? IS THAT A YEAR? IS THAT THREE YEARS?

>> NO. WHAT I'VE HEARD TODAY IT WAS LIKE 6-9 MONTHS ON THAT MATERIAL.

WE WOULDN'T ORDER IT UNTIL WE HAVE AN APPROVAL BECAUSE I DON'T WANT TO HAVE MATERIAL THAT DOESN'T WIND UP PROVED ON A PERMIT.

IT COULD DELAY.

I DON'T KNOW IF IT COULD BE QUICKER.

IT'S JUST WE'VE TALKED TO MARINE CONTRACTOR AND THAT'S THE INFORMATION THAT WE GOT.

>> THANK YOU. THAT'S ALL THE QUESTIONS I HAVE.

>> THANK YOU. COMMISSIONER KEENAN.

>> I JUST HAVE ONE OR TWO QUESTIONS FOR THE [INAUDIBLE] WHEN DID YOU BEGIN TO EXPLORE ALTERNATIVES [INAUDIBLE] FOR THE DOCKS? [LAUGHTER]

>> WE STARTED TO EXPLORE THE ALTERNATIVES WHEN SOME OF THE PEOPLE WERE PUSHING BACK ON IT AND THEN THEY'RE SAYING, HEY, IT'S ONE OF THE PEOPLE WE TALKED TO ABOUT DOING IT MAINTAINS A CONCRETE DOCK I THINK AT LOGGERHEADS MARINA AND HE SAYS THAT HE'S THERE ALL THE TIME.

THEY SPENT A LOT OF MONEY ON MAINTENANCE.

THEN THERE WAS THE HURRICANE ON THE WEST COAST AND WE GOT REPORTS THAT THE CONCRETE FLOATING DOCKS DID MORE DAMAGE AND FAIRED WORSE THAN THE OTHERS.

THERE'S THOSE FACTORS.

>> AT WHAT POINT AT TIME DID YOU REALIZE THAT YOU COULD NOT COMPLETE THE DOCK PRIOR TO THE ADDITIONAL OF COS.

>> PROBABLY ABOUT SIX OR MORE MONTHS AGO WHEN WE WERE HAVING A DIFFICULTY WITH DOT AND THE LEASE AND SO FORTH AND THEN ONE THING THEY SAID, OH, IF YOU'RE GOING TO MODIFY THE LEASE, IT COULD TAKE UP TO A YEAR WITH DOT TO MODIFY THE LEASE.

THEN SOMEBODY ELSE SAYS, OH, YOU DON'T NEED TO MODIFY THE LEASE WE GET CONFLICTING ANSWERS SO I DON'T KNOW.

>> THANK YOU. ANY FURTHER QUESTIONS?

>> NO FURTHER QUESTIONS.

>> THANK YOU. I DON'T HAVE ANY QUESTIONS SO I WILL ASK.

DO WE HAVE ANY PUBLIC COMMENT CARDS FOR THIS ITEM?

>> WE DO NOT.

>> THANK YOU SO WE'LL GO TO DISCUSSION ON THE MATTER. COMMISSIONER DUNNING.

>> WELL, I HAVE A NUMBER OF ISSUES.

WHEN YOU'RE GETTING READY TO DO A PROJECT, YOU HAVE TRIED TO FIND OUT WHERE ALL THE LONG LEAD TIME MATERIALIST YOU DO THAT THE FIRST THING SO I DON'T KNOW WHY SIX OR EIGHT MONTHS AGO, WE'RE JUST FINDING OUT THAT WE'VE GOT SOME PROBLEM WITH CONCRETE WHEN WE'VE BEEN TALKING ABOUT THIS SINCE 2017.

I DON'T QUITE UNDERSTAND THAT.

I AM SENSITIVE TO THE FACT THAT THE TOWN IS GOING TO BE TAKING OVER THIS DOCK AND WE NEED TO DO WHAT'S BEST FOR THE TOWN

[01:05:01]

AND THE CITIZENS OF JUPITER AND THAT WE NEED TO HAVE SOMETHING THAT'S NON SLIP AND THAT'S NOT HOT TO THE FEET AND I DON'T KNOW MAYBE I DON'T KNOW IF STAFF HAS ANY IDEA IS DO WE HAVE A BETTER SOURCE OF CONCRETE BLOCKS THAN THESE FOLKS DO? I DON'T KNOW. BUT I'D LIKE TO FIND OUT, BUT I'M NOT SO MUCH FOR CHANGING THE CONCRETE BLOCKS.

THAT'S WHAT YOU RECOMMENDED AND UNCERTAINLY, A LOT OF THE TECHNOLOGY THAT THEY'VE MENTIONED HERE DOESN'T HAVE A LIFESPAN AND WE DON'T REALLY KNOW WHAT IT'S GOING TO DO AND CERTAINLY WE'RE LOOKING FOR SOMETHING THAT HAS LESS MAINTENANCE ON IT, THEN WE'RE LOOKING FORWARD.

I FEEL LIKE THAT IF WE ALLOW THE PROPOSAL TO GO THROUGH AS THE APPLICANT WANTS, WE HAVE NO LEVERAGE.

THE LEVERAGE WAS SUPPOSED TO BE THE PEER AND THE DOC.

THAT WAS THE LEVERAGE BEFORE WE ALLOW YOU TO EVEN DO THE BUILDING AND NOW THAT LEVERAGE, IT'LL BE GOING DOWN THE DRAIN.

IF WE LET YOU GET A CERTIFICATE OF OCCUPANCY, WE HAVE NO PEER AND WE DON'T KNOW WHEN IT'S GOING TO BE SO THAT'S MY CONCERN.

I JUST DON'T UNDERSTAND THE WHOLE SITUATION TO BE HONEST WITH YOU AND AS FAR AS THE STAFF WAS PROPOSAL ABOUT THE BOND ISSUE WITH LEGAL ISSUES LIKE THAT SCARES ME BECAUSE OF THE POSSIBLE LEGAL EXPENSE THAT WE MIGHT GET OURSELVES INTO AND I THINK WE HAVE THREE CHOICES.

ONE IS TO DO NOTHING.

THE SECOND IS THE STAFF RECOMMENDATION, WHICH IS THE BOND AND THE THIRD IS THE APPLICANTS SUGGESTION AS TO DOING AWAY WITH THE THE NEED TO HAVE THE PEER DONE BEFORE AND GIVING THEM A CERTIFICATE OF OCCUPANCY BEFORE THEY EVEN HAVE THE PEER DONE OR EVEN KNOW WHEN THE PEAR IS GOING TO BE DONE AND RIGHT NOW WE DON'T EVEN KNOW WHEN THEIR PEERS IS GOING TO BE DONE.

THOSE ARE MY CONCERNS.

>> THANK YOU. COMMISSIONER BLUM, DO YOU HAVE ANY DISCUSSION? COMMISSIONER HELD.

>> IN LISTENING TO THIS WHOLE CONVERSATION, I DON'T SEE HOW IT CAN BE DONE BY THE END OF DECEMBER.

IT JUST DOESN'T SOUND LIKE THE MATERIALS FROM ANY SOURCE ARE GOING TO BE ABLE TO COME IN AND DO THAT SO THAT'S WHAT EVERYTHING READS IS END OF DECEMBER.

IT DOESN'T FEEL LIKE THAT'S POSSIBLE.

>> THANK YOU. COMMISSIONER HELD.

>> IT IS AN UNREALISTIC DATE THAT WE'RE TRYING TO TARGET HERE AND THEY WOULD BE BEFORE US AGAIN.

I HAVE DEEP CONCERNS ABOUT WE ARE RESPONSIBLE, THE TOWN IS RESPONSIBLE FOR THIS DOCK AND FOR THE MAINTENANCE OF THIS DOCK.

I THINK WE NEED TO BE VERY CAREFUL IN THESE TYPES OF DECISIONS BECAUSE IT IS A LONG-TERM DECISION THAT IMPACTS OUR BUDGET AND IMPACTS THE CITIZENS OF JUPITER.

>> THANK YOU. COMMISSIONER FRANK FORE.

>> NO I AGREE WITH WHAT THE FELLOW COMMISSIONERS SAYING.

I THINK THE DOCK ISSUE OBVIOUSLY HAS TO BE ADDRESSED.

I JUST HAVE REAL CONCERNS ABOUT THE MATERIAL DIFFERENCE BETWEEN THE CONCRETE AND COMPOSURE.

I THINK THAT THERE'S A LOT OF UNKNOWNS ON THIS PROJECT AND I'M CURIOUS ON WHAT WE'RE GOING TO COME UP WITH AS THE COMMISSIONERS DEBATE THIS, BUT I'M REALLY HESITANT ON TO JUST MOVE FORWARD ON THIS AS IS OR EVEN WITH STAFF RECOMMENDATIONS SO I'LL SEE WHAT MY FELLOW COMMISSIONERS HAVE TO SAY.

>> THANK YOU. COMMISSIONER GUISINGER.

>> I'M LOOKING AT A LITTLE DIFFERENTLY.

I THINK WE NEED TO GET THE JOB DONE.

THE APPLICANT HAS AGREED TO UPFRONT THE BOND, TO COVER EVEN IF THEY DON'T GET IT DONE AND THEN THE TOWN CAN TAKE IT OVER.

I LIKE THE IDEA OF THE COMPOSITE, MAYBE THE TILE, WE OUGHT TO AT LEAST CONSIDER THAT.

I'M NOT IN FAVOR OF THE IPE BECAUSE THIS IS A NATURAL RESOURCE IF WE GO WITH SOME MORE OF A COMPOSITE OR EVEN HAD THE APPLICANT LOOK AT A DIFFERENT COMPOSITE THEN GET SO HARSH.

I THINK THERE'S SOME OPTIONS OUT THERE.

I THINK WE NEED TO MOVE FORWARD WITH IT SO I'M ALMOST THERE.

I JUST LIKE TO HEAR SOME OF THE ALTERNATIVES TO THE FLOOR CONCRETE FLOATING DOCK, SO IT'S ALL.

>> THANK YOU. COMMISSIONER KIRN.

>> YEAH. I'M CONFLICTED ALSO, AS MANY OF Y'ALL SAID ABOUT THE PROVING THIS, BECAUSE IT SEEMS LIKE THEY'VE HAD LITERALLY SIX YEARS TO FIGURE THIS OUT.

I UNDERSTAND SUPPLY CHAIN ISSUES.

I UNDERSTAND ALL THESE THINGS. BUT I ALSO [OVERLAPPING].

>> COVID REALLY THREW A BOMB IN A LOT OF THINGS BUT.

>> YEAH, BELIEVE ME, I UNDERSTAND THAT'S WHAT I DO FOR A LIVING AS DEVELOPMENT AND THERE'S A LOT OF THINGS HAVE BEEN IMPACTED YET THE BUILDING'S DONE SO RIGHT THERE, THEY FOCUS THEIR TIME AND THE RESOURCES ON THE THING THAT IT'S GOING TO MAKE THEM MONEY, WHICH I UNDERSTAND AGAIN, AS A DEVELOPER, THAT'S WHAT YOU DO.

JUST TAKING A STEP BACK,

[01:10:02]

IT SEEMS LIKE ONE OF THE THINGS I WANT TO MAKE SURE WE DON'T LOSE SIGHT OF IS THE BUDGET THEY ESTABLISHED BACK IN 2017 WHEN THEY MADE THE COMMITMENT TO THE CITY IS THAT THEY WERE GOING TO BUILD A CONCRETE DOCK FOR $800,000.

THAT'S PROBABLY A MILLION TODAY IF YOU ESCALATE IT EVEN AT TWO OR THREE PERCENT A YEAR.

I DON'T WANT US TO SAY, OKAY, WE'RE GOING TO ALLOW THE COMPOSITE DOCK AND WE'RE NOT GOING TO CAPTURE THAT MONEY THEY COMMITTED US SIX YEARS AGO BECAUSE WE KNOW WE'RE GOING TO HAVE TO SPEND MONEY ON MAINTENANCE.

I TRUST THE STAFF, THOMAS AND HIS TEAM DO AN AMAZING JOB.

I TRUST THEM TO MAKE THE DECISION ON WHAT THE PROPER MATERIALS SHOULD BE.

IF IT WERE UP TO ME, I WOULD FOCUS ON THE BUDGET, THE CASH ESCROW, AND THEN ESTABLISH A SCHEDULE.

I'M CONCERNED THAT THE 375 IS NOT REALLY GOING TO MOTIVATE THEM TO GET THE PROJECT DONE.

THAT'S WHY I WAS ASKING ABOUT THE PRICE PER UNIT BECAUSE THEY THINK THE STAFF FOCUSED ON THE CONSTRUCTION COST.

WHEREAS IF I'M THINKING ABOUT IT AS A BUSINESS PERSON, I'M THINKING IT'S NOT HOW MUCH THAT COSTS THEM, IT'S WHAT'S THE VALUE THAT THEY RECEIVED IN EXCHANGE FOR THAT PROMISE, WHICH WAS THEY COULD BUILD NINE MORE UNITS, WHICH IS A SIGNIFICANT AMOUNT OF PROFIT SO THAT I DON'T KNOW IF THERE'S ANYTHING I COULD DO ABOUT THAT.

ANYWAY, MY THREE THINGS ARE ESTABLISHING AN APPROPRIATE BUDGET FOR THE ESCROW, ESTABLISHING A SCHEDULE, SEEING IF THERE'S SOMETHING WE CAN DO TO REALLY MOTIVATE THEM TO TRY AND HIT THAT AND I'M CONCERNED ABOUT THIS OUT OF THEIR CONTROL CATCH-ALL BECAUSE AGAIN, REAL ESTATE PEOPLE DEAL WITH THAT KIND OF STUFF ALL THE TIME.

THEY'VE HAD A LOT OF TIME TO WORK THROUGH THIS WITH THE PERMITTING AGENCIES AND THEY'VE GOTTEN THE BUILDING DONE.

AGAIN AND THEN I WOULD TRUST THE STAFF TO CHOOSE THE MATERIALS IN THE END.

IT'S MY THOUGHTS.

>> COMMISSIONER KEENAN.

>> I'M UNCOMFORTABLE WITH A LOT OF THINGS.

ONE OF THE THINGS I'M UNCOMFORTABLE WITH AND I THANK COUNCIL FOR POINTING OUT THE PROBLEMS WITH AN ESCROW ARRANGEMENT, WHETHER IT'S BOND OR ESCROW OR WHATEVER, THERE ARE A LOT OF PROBLEMS. I'M SURE OUR COUNCIL IS FAMILIAR WITH HOW THESE PROBLEMS CAN SURFACE.

I KNOW, I AM. I'M UNCOMFORTABLE WITH THAT ARRANGEMENT IN THIS CONTEXT.

I THINK THERE IS PROBABLY SOME EQUITY B2B TO BE DONE HERE IN THE SENSE THAT WE SHOULD PROBABLY HAVE SOME UNDERSTANDING OF THE PERMITTING DELAYS AND THOSE ISSUES.

HOWEVER, CLEARLY, THEY'VE ACCRUED ALL THE BENEFITS OF THE TOWN BESTOWED UPON THEM, AND THERE'S NO QUID PRO QUO SO I WOULD LIKE TO HAVE US NOODLE A MORE CREATIVE APPROACH.

THAT IS TO SAY, OKAY TO THE APPLICANT.

LETS GIVE YOU YOUR CO.

EXCEPT FOR THE TOP 2 FLOORS.

WE'RE GOING TO HOLD THAT BACK UNTIL THE DOCK IS DONE.

WHEN THE DOCK IS DONE TO OUR SATISFACTION.

WE WILL GIVE YOU THE CO FOR THE REST OF THE BILL? THAT DOES AN EQUITY ARRANGEMENT WHERE IT ALLOWS THE APPLICANT TO MOVE AHEAD WITH THE BUILDING AND GET IT DONE.

BUT REALIZING THAT THEY CAN NEVER GET THEM WHAT THEY REALLY WANT OUT OF IT UNTIL THEY GIVE US WHAT THEY'RE SUPPOSED TO GIVE US.

THE LOGISTICS OF THAT.

I DEFER TO STAFF AND EVERYBODY ELSE BECAUSE I'M JUST NOT FAMILIAR WITH THE MECHANICS.

BUT CONCEPTUALLY THAT I THINK MIGHT BE A GOOD WAY TO GO.

>> GARRETT OR JOHN, DO YOU WANT TO COMMENT ON THAT?

>> IT WOULD BE POSSIBLE FOR THE BUILDING TO BE COMPLETED AND RECEIVE A CERTIFICATE OF COMPLETION AND THEN GIVE CERTIFICATES OF OCCUPANCY TO INDIVIDUAL UNITS THAT WOULD HAVE TO BE SPECIFICALLY LAID OUT IN A CONDITION FOR THE BUILDING OFFICIAL OR THE DIRECTOR OF BUILDING TO WITHHOLD THOSE COS FOR A BUILDING THAT MIGHT OTHERWISE BE COMPLETED.

>> IF YOU CONSIDER THE FACT THAT THE BONUS SYSTEM PROVIDED SETBACK DENSITY AND HEIGHT THAT THEY WOULD NOT OTHERWISE HAVE SO WE'RE SIMPLY HOLDING BACK THAT WHICH THEY WOULDN'T HAVE GOTTEN OTHERWISE, EXCEPT FOR THIS PARTICULAR ARRANGEMENT.

>> I WILL SAY THIS. IN THE CONVERSATION OF PUBLIC BENEFIT THAT HAS GONE ON FOR YEARS THAT I'VE BEEN COMING TO MEETINGS.

A PUBLIC BENEFIT CAN BE ANYTHING YOU WANT IT TO BE. ANYTHING.

IN THE CONVERSATION AROUND THE APPROVAL THE THEN COUNCIL WAS VERY ADAMANT ABOUT PROVIDING PUBLIC DOC SPACE.

AND TO MR. BARRETT IS POINT, WE'VE SEEN THOSE PUBLIC BENEFIT THINGS ERODE.

AND THE EXAMPLE WAS U-TIKI WAS SUPPOSED TO BE PUBLIC ACCESS DOC AND THEY CAME BACK AND PETITIONED TO MAKE IT PRIVATE.

I'VE NEVER BEEN A FAN OF THIS PARTICULAR BONUS POINT CONFIGURATION AND I

[01:15:01]

ALWAYS THOUGHT THERE WAS ANOTHER WAY FOR THEM TO GET WHERE THEY WANT IT TO BE.

IN PARTICULAR, THERE'S A GREEN ROOF THAT'S GOING ON TOP OF THE PARKING GARAGE, WHICH I THOUGHT SHOULD HAVE QUALIFIED FOR BONUS POINTS BUT DIDN'T BECAUSE AT THAT POINT IT WASN'T PART OF THE CONVERSATION.

I'VE NEVER REALLY BEEN A FAN AND ALL THE ISSUES THAT ARE IN HERE AND ALL THE ISSUES THAT GARRETT HAD LAID OUT ABOUT LIABILITY TAKING OVER THE DARK, THE RESPONSIBILITY TO TOWN, THAT'S ALL ON THE TAXPAYERS.

THIS ISN'T A LITTLE HIDDEN COVE WHEN NOBODY ELSE'S AROUND.

THE OTHER DOC THAT MR. HERNANDEZ MENTIONED OVER BY GUAN BONE IS AT THE JUPITER MARINE PARK, HAS A BUSINESS AROUND IT.

IF THINGS ARE GOING A LITTLE NUTS, SO THERE'S SOMEBODY, THE HARBOR SIDE DUCTS, THERE'S A BUSINESS THERE.

IF THINGS ARE GETTING OUT OF CONTROL BECAUSE THAT'S WHAT WE SAW WITH U-TIKI WAS IT WAS A PUBLIC DOC, PEOPLE KNEW IT WAS A PUBLIC DOC AND THEY WANTED TO DO WHATEVER THEY WANTED TO DO ON IT.

JIM TOBY, WHO IS THE OWNER OF U-TIKI AT THAT POINT, SAID, "I CAN'T CONTROL THE DOCS I WANT MY OWN CONTROL OVER IT BECAUSE IF I OWN IT I CAN TELL HIM TO LEAVE.

BUT IF IT'S PUBLIC DOC, I CAN.

NOW THESE 14 SLIPS ARE A LITTLE COVE WHERE NOBODY IS.

THERE'S NO SECURITY, THERE'S NO OVERSIGHT, THERE'S NO BUSINESSES THAT ARE LOOKING OUT FOR IT.

AND THAT'S ALWAYS BEEN MY POSITION OF WHY I DIDN'T LIKE THE STOCK ANYWAY.

I'M OKAY WITH WHAT THE WHAT THE BALANCE OF THE COMMISSION AGREES WITH TONIGHT.

BUT I'VE ALWAYS THOUGHT AND I WOULD BELIEVE THAT THE COUNCIL THAT SITS NOW WOULD BE ABLE TO FIND A WAY AROUND THESE ISSUES AND GET AND MAKE THE DEVELOPMENT IN COMPLIANCE WITH THEIR BONUS POINTS IN A MORE CREATIVE WAY.

THAT'S MY OPINION ON IT. YES, SIR.

>> I HAVE ONE ADDITIONAL POINT.

I'M CONCERNED ABOUT THE PRECEDENCE THAT WE MIGHT SET HERE IF WE ALLOW THIS TO HAPPEN.

AREN'T WE SETTING OURSELVES UP FOR FUTURE RESIDENCES THAT COME ACROSS AND JUST BECAUSE, MY WORD, 2017 AND NOW WHEN WE'RE NOW WE'RE JUST FINDING OUT ABOUT CONCRETE PROBLEM, I JUST DON'T UNDERSTAND THAT.

I WOULD SUGGEST CAN WE HAVE ASK OUR STAFF IF THEY HAVE A SOURCE AND ON WHAT THE CONCRETE BLOCKS.

I'VE NEVER HEARD THAT, BUT I WOULD LIKE TO KNOW THAT FOR MYSELF AND I FEEL LIKE THAT ANYTIME YOU'RE DOING A JOB, YOU FIND OUT THE LONG LEAD TIME MATERIAL FIRST AND THEN THEY DID THE CONDOMINIUM FIRST AND NOT WORRYING ABOUT THE PIER.

AND THAT WAS THE WHOLE PREDICATE OF THE WHOLE PROJECT WAS THE PIER.

AND THAT'S NOW THE LAST THING THAT THEY WANT TO DO BECAUSE THEY'RE NOT MAKING MONEY ON IT, IN MY OPINION.

I'M IN FAVOR OF LEAVING IT AS IS AND AND ASKING STAFF TO FIND OUT IF THERE IS A MATERIAL OTHER THAN CONCRETE THAT MIGHT BE ACCEPTABLE IF CONCRETE IS NOT AVAILABLE, AND THEN WORKING FROM THERE, BUT NO CERTIFICATE OF OCCUPANCY UNTIL WE KNOW WHEN THE PIER IS GOING TO BE DONE AND IT HAS TO BE DONE.

THAT'S MY POSITION ON.

>> I'M ON THE POSITION THAT I WOULD TAKE THE 800,000 AND PUT IT TOWARDS SOME OTHER BENEFIT THAT WOULD BENEFIT THE PUBLIC IN A MORE BENEFICIAL, LIKE YOU SAID, SHALLOW THERE, THERE ARE SEAGRASS THERE, THERE'S ALL ISSUES WITH THIS BEING WERE THERE.

SO I WOULD JUST SAY PAY THE FINE AND PUT IT TO A BETTER USE AND AND CALL IT A DAY.

BUT THAT'S NOT MY CALL, THAT'S COUNCIL'S CALL.

SO I WILL, IF SOMEONE WANTS TO MAKE CRAFT EMOTION AROUND WHAT WE HAVE HERE THEN [LAUGHTER].

>> I THINK I GO WITH MR. DUNNING'S A PROPOSAL OF DO NOTHING, EXCEPT THE STAFF RECOMMENDATION.

>> ON THE TYPE OF MATERIAL THAT IF CONCRETE IS AVAILABLE.

>> I THINK WE'VE THROWN THAT IN AS A WRENCH IN THAT ONE BECAUSE WE INTRODUCED THE OTHER CONSIDERATION THAT MIGHT BE MORE BENEFICIAL.

SO THAT WOULD SAY THAT WE NEED THEM TO GO BACK AND TALK TO STAFF AND THAT'S GOING TO THAT HAS TO GIVE THEM TIME TO DO THAT.

>> SHOULD WE HAVE TWO SEPARATE MOTIONS.

>> MR. BAIRD?

>> I NEED A MOTION ON THE APPLICATION BEFORE YOU.

YOU'VE GOT AN APPLICATION BEFORE YOU TO AMEND THE APPROVAL AND THE APPLICANTS PRESENTED AS CASE FOR WHETHER THEY WHAT THEY BELIEVE IS JUSTIFIABLE REASONS FOR AMENDING APPROVAL.

IF YOU AGREE WITH THOSE,

[01:20:01]

THEN YOU SUPPORT AND RECOMMEND TO THE COUNCIL AMENDING THE APPROVAL.

IF YOU DON'T LIKE COMPOSITE DOGS AND STANDARD CONCRETE AND YOU DON'T LIKE THOSE OTHER ISSUES, THEN YOU MAKE YOUR RECOMMENDATION TO THE COUNCIL ON THAT.

THE BIGGEST ISSUE IS THE CONDITION OF APPROVAL THAT SAYS WE DON'T GET TO SEE HOW INTERNAL DOC IS CONSTRUCTED.

THAT WAS THE EXCHANGE FOR THE HEIGHT INCREASE AND THE UNIT DENSITY.

I HEARD COMMISSIONER CAN SAY NINE UNITS, I DON'T KNOW IF THAT'S THE NUMBER UNITS BUT YOU WOULD THINK THAT THE HEIGHT WAIVER OR INCREASE THAT THERE'S NO UNITS AT THE TOP OF THE BUILDING AND THE AT THE BOTTOM OF THE BUILDING.

THEN I HEARD THAT THE UNITS ARE 2 1/2 UNITS, SO IT'S YOUR JOB TO SORT OUT ALL THOSE FACTS AND COME UP WITH A MOTION.

>> IF THEY'RE SAYING THAT THERE'S QUESTIONS ABOUT WHAT MATERIAL YOU WOULD WANT TO SEE OR IT'D BE APPROVED.

THAT'S GOING TO HAVE TO GARNER THEM TIME.

WE'RE IN ALMOST IN JUNE NOW, SO THAT'S SIX MONTHS.

IT'S STILL GOT HAVE GO TO COUNCIL FOR THEIR APPROVAL ON WHATEVER WE RECOMMEND TO THEM TONIGHT.

LIKE I SAID, [LAUGHTER]

>> I THINK THERE'S A WAY TO GET AROUND ALL THIS, BUT THAT'S UP TO COUNCIL.

>> I'D LIKE TO MAKE A MOTION TO DENY THE APPLICATION. SECOND.

>> ANY CONVERSATION ON THE MOTION TO DENY?

>> WHAT DIRECTION ARE WE GOING TO GIVE STAFF AND THE APPLICANT.

>> THAT DIRECTION, YOU'RE NOT GIVING STAFF DIRECTION AND YOU'RE MAKING A RECOMMENDATION TO THE COUNCIL.

>> RIGHT.

>> THAT RECOMMENDATION YOU'RE MAKING TO THE COUNCIL BASED ON THAT MOTION, IF IT PASSES, IS NOT TO APPROVE THE AMENDMENT THAT'S BEEN PROPOSED TONIGHT.

WITHOUT A RECOMMENDATION FROM THE COMMISSION THOUGH?

>> THAT YES, THE RECOMMENDATION IS THAT WE'RE NOT SUPPORTING THE REQUEST.

THEN WHEN IT WOULD GO TO COUNSEL, THEY WOULD SAY PLANNING AND ZONING DID NOT SUPPORT THE GRANTING THE EXTENSION-.

>> DO WE LIST THE REASONS WHY THEN TO THE COUNCIL, WHY WE DIDN'T?

>> THEY USUALLY LISTEN TO THE MEETING, SO THEY WOULD HAVE HEARD OUR CONVERSATIONS ON IT.

>> OKAY.

>> BECAUSE CERTAIN ASPECTS I LIKE OF IT.

I'M NOT ON BOARD WITH THE COMPOSITE MATERIAL I THINK THAT NEEDS TO BE FURTHER INVESTIGATED.

I DO AGREE WITHHOLDING THE CLO UNTIL THE DOC IS COMPLETED, BUT LIKE FOR THE APPLICANT AND THE STAFF TO GET BACK TOGETHER, SEE IF THERE'S A MORE COMPROMISE YOU MAKE ON THE DOC MATERIAL ITSELF.

>> SO IT WOULD SEND IT BACK TO STAFF.

>> YOU CAN POSTPONE IT IF THAT'S WHAT YOU WANT TO INVESTIGATE BUT I MEAN [OVERLAPPING].

>> BUT THE WHOLE REASON IS EXTENDING THE TIME FRAME.

>> YOU HAD THE POSITIONS ON THE TYPES OF MATERIALS AND YOU HAVE IN THE EXISTING APPROVAL CONCRETE.

THE MOTION IS NOT TO SUPPORT ANY CHANGE IN THE DEVELOPMENT ORDER, THEN IT'S CONCRETE DOCS, AND ITS DOCS BEFORE A CEO.

THOSE ARE THE BIG TICKET ITEMS OF THIS DISCUSSION.

>> CAN I ASK YOU TO WITHDRAW YOUR MOTION?

>> I'M SORRY.

>> WOULD YOU WITHDRAW YOUR MOTION SO I CAN HAVE BECAUSE WE WILL HAVE TO VOTE ON THAT MOTION.

WE CAN VOTE ON IT AND SEE IF IT PASSES OR NOT.

BUT I'D LIKE TO MAKE ANOTHER OPTION.

>> WHAT WOULD YOUR MOTION BE? [LAUGHTER]

>> I WOULD SAY THAT BECAUSE IT SEEMS LIKE THE MAJORITY OF EVERYBODY WOULD LIKE TO SEE A DIFFERENT DECKING MATERIAL.

THE MAJORITY OF THE PEOPLE WOULD NOT LIKE TO SEE THE TIME FRAME ADJUSTED, SO THOSE WOULD BE THE TWO AMENDMENTS THAT I THINK WOULD BE MADE TO THE MOTION.

IF YOU WITHDRAW YOUR MOTION, SOMEBODY CAN MAKE THAT MOTION.

NO, DOES HE HAVE TO, OR DO WE VOTE ON? [OVERLAPPING].

>>SORRY.

>> I MEAN, HE'S MADE A MOTION AND A SECOND.

YOU'RE HAVING DISCUSSION.

NOW YOU'RE ATTEMPTING TO CONVINCE THE MAKER OF THE MOTION THAT HE SHOULD WITHDRAW IT, SO ANOTHER MOTION CAN BE MADE.

I THINK YOU OUGHT TO VOTE ON THE MOTION AND IF IT DOESN'T PASS, THEN SOMEBODY ELSE CAN MAKE A MOTION.

[01:25:02]

>> OKAY. THE MOTION IS TO DENY THE APPLICATION AS IT IS.

ALL IN FAVOR SAY AYE.

>> AYE.

>> AYE.

>> THAT WAS KEENAN, DUNNING, AND PINTEL.

OUR OPPOSED SAY NAY.

>> NAY.

>> NAY.

>> NAY.

>> SO WE HAVE MYSELF, COMMISSIONER HELD, COMMISSIONER GUISINGER, AND COMMISSIONER KIRN DENY, SO THE MOTION FAILS FOR LACK OF CONSENSUS.

>> THE AYE SAID THREE AND THEY; CAN YOU RAISE YOUR HANDS ON IT SO THE RECORDING SECRETARY CAN IDENTIFY WHO VOTED WHAT.

>> COMMISSIONER KIRN, COMMISSIONER PINTEL.

>> NOW, LET'S GO BACK OVER IT.

WHO VOTES AYE ON THE MOTION? RAISE YOUR HAND. THAT'S THREE.

DO YOU HAVE THOSE NAMES?

>> YES.

>> OKAY. WHO VOTES NAY? SO RECORD THOSE NAMES.

NOW YOU CAN ENTERTAIN ANOTHER MOTION.

>> OKAY. I CAN'T MAKE THE MOTION, SO SOMEBODY ELSE HAS TO CRAFT IT.

[NOISE]

>> IT SOUNDS LIKE THE MOTION IS TO TIE THE [INAUDIBLE] TO THE COMPLETION OF THE DOCKS.

OKAY. THAT'S ONE ITEM.

NUMBER 2 IS THE MATERIALS WOULD BE THOSE APPROVED BY THE CITY STAFF.

DO WE WANT TO INCLUDE THIS MARINE STEWARDSHIP PLAN IN HERE AS WELL?

>> YES.

>> WE WANT TO INCLUDE THE MARINE STEWARDSHIP? IS THAT IT?

>> I BELIEVE SO.

>> OKAY.

>> I BELIEVE THERE WAS ALSO ADDITIONAL RECREATIONAL BENEFIT THAT THEY HAD PUT IN WITH THE PUBLIC.

>> I'M SORRY, WE CAN'T HEAR YOU.

>> I BELIEVE THERE WERE SOME ADDITIONAL RECREATIONAL ASPECT TO THE MARINE STEWARDSHIP THAT WAS INCLUDED AS AN EXTRA FOR THE BENEFIT.

>> WAS IT THAT IF THEY GOT THEIR EXPENSES THEY [INAUDIBLE]

>> SORRY, I SAID THAT AGAIN.

>> GARRETT. HOLD ON.

[NOISE]

>> TO CLARIFY THE MOTION AS I HEARD IT.

IT WOULD BE THAT THERE'S NO TIME EXTENSION GRANTED.

WE WOULD HOLD THE CEO UNTIL SUCH TIME AS THE DOCS ARE COMPLETED, THAT YOU WOULD LIKE THE MATERIALS TO BE MUTUALLY APPROVED BY STAFF AND THE APPLICANT TO FIND A MUTUALLY VALUE.

>> JUST BY STAFF.

>> OKAY. JUST BY STAFF. THEN THE ELEMENTS OF THE EXHIBIT THAT TALK ABOUT THE MARINE STEWARDSHIP PLAN WOULD STILL BE AT PLAY HERE.

THAT WOULD BE STAFF RECOMMENDATION WITH THOSE MODIFICATIONS. THAT'S WHAT I HEARD.

>> RIGHT, AND THEN THE CASH?

>> ESCROW 125%

>> WELL, WE'RE NOT EXTENDING THE, YEAH, GO AHEAD. I'M SORRY.

>> THERE WOULD BE NO [BACKGROUND]

>> REASON FOR THE CEO WAS BEING WITHHELD. OKAY.

>> OKAY.

>> ALL RIGHT.

>> AND JUST FOR CLARIFICATION, WE PROVIDED CONDITIONS OF YOU SUPPORTED THE CHANGES, STAFF ARE NOT MAKING A RECOMMENDATION ON THE APPLICATION.

>> RIGHT.

>> OKAY. WELL, WE JUST

>> IT HAS BEEN IT'S BEEN REFERRED TO SEVERAL TIMES BY BOARD MEMBERS AS STAFF'S RECOMMENDATION.

>> OF THE CONDITIONS UNDER [OVERLAPPING].

>> WE PROVIDED THE CONDITIONS SHOULD YOU SUPPORT THE REQUEST FOR YOUR CONSIDERATION?

>> SORRY WE CONSIDER IT THE SAME THING.

I KNOW IT'S NOT RIGHT, SO COMMISSIONER, CORONARY MOTION IS?

>> TO KEEP THE TIMING THE SAME THAT THE CFO WILL NOT BE ISSUED UNTIL THE DOCS ARE COMPLETE.

THAT THE MATERIALS FOR THE DOCS WOULD BE AS APPROVED BY STAFF, AND THAT THE MARINE STEWARDSHIP CONDITION WOULD BE INCLUDED.

>> THANK YOU. DO WE HAVE A SECOND?

>> I'LL SECOND IT.

>> OKAY. MOTION MADE BY COMMISSIONER KIRN SECOND BY COMMISSIONER DUNNING.

ALL IN FAVOR SAY AYE, AND RAISE YOUR HAND.

>> AYE.

>> AYE

>> ALL OPPOSED SAY NAY.

>> NAY.

[NOISE] [LAUGHTER]

>> THERE WE ARE. WE'VE MADE IT THROUGH.

>> BEFORE WE MOVE ON TO THE NEXT ITEM,

[6.B.2. Evaluation and Appraisal Report (EAR) Workshop- Introduction to Comprehensive Planning and the EAR process. (PZ#5589, 5590, & 5591)]

WHICH I WILL BE DEPARTING SINCE IT'S JUST THE WORKSHOP ALREADY ITEM.

THE MEMO THAT I DRAFTED FOR YOU IN ONE PART OF THIS MEMO THAT SHOULD HAVE APPEARED IN IT, THAT MAYBE OF GREAT IMPORTANCE TO YOU IS HOW QUASI-JUDICIAL HEARINGS ARE CONDUCTED.

[01:30:04]

I'LL PULL THAT MATERIAL OUT AND SUBMIT THAT AS I SECOND AND [BACKGROUND]

>> FOR YOUR HOMEWORK ASSIGNMENT AND IF ANYONE HAS ANY QUESTIONS ABOUT ANY OF THE LEGAL REQUIREMENTS THAT YOU ARE REQUIRED TO FOLLOW AS PART OF YOUR SERVICE AS A PLANNING AND ZONING BOARD MEMBERS YOU CERTAINLY MAY CALL ME.

I'LL GIVE YOU MY PHONE NUMBER IF YOU WANT TO WRITE IT DOWN.

IT'S ALSO ON THE WEBSITE 650-8233.

>> 650-8233?

>> THAT IS CORRECT AND YOU WILL IN ALL LIKELIHOOD BE SPEAKING TO MARYLAND.

>> MR. BAIRD IS GOING TO EXIT NOW BECAUSE WE'RE NOT MAKING ANY MOTIONS ON OUR LEGAL DECISIONS ON THIS.

HE GOING TO RETIRE FOR THE EVENING.

[OVERLAPPING]

>> THOUSANDS OF COMPREHENSIVE PLANS LITERALLY, WHEN I WAS A PLANNER.

>> YOU DON'T WANT A REFRESHER TONIGHT TOM?

>> NO.

[LAUGHTER]

>> A BIT OF HISTORY.

I WAS A REGIONAL PLANNER FOR THE TREASURE COAST REGIONAL PLANNING COUNCIL AND MY RESPONSIBILITY WENT UP.

MY RESPONSIBILITIES WAS WHEN THE PLANNING ACT WAS ORIGINALLY PASSED IN 1975, BUT IT DIDN'T MAKE ITS WAY TO THE REGIONAL PLANNING COUNCIL UNTIL YEARS LATER, WE HAD TO REVIEW THE PLANS THAT WERE SUBMITTED BY ALL OF THE LOCAL GOVERNANCE IN PALM BEACH, MARTIN AND ST. LUCIE AND INDIAN RIVER COUNTY FOR COMPLIANCE WITH THE STATUTE.

MY THEN BOSS, SAM SHANNON, WHO USED TO BE THE COMMUNITY DEVELOPMENT DIRECTOR HERE, ASSIGNED ME THAT TASK AND COMPREHENSIVE PLANS WERE FOREVER PART OF MY LIFE.

>> IN 1975 BUT YOU WERE ONLY [OVERLAPPING].

>> NO, IT WAS 1979 WHEN I GOT TO THE PLANNING COUNCIL.

>> I WAS GOING TO SAY YOU'RE NOT THAT OLD.

[LAUGHTER]

>> I'M AFRAID I'M.

[OVERLAPPING]

>> MR. SCHNEIDER, YOU'RE UP.

>> GOOD EVENING CHAIR, MEMBERS OF THE COMMISSION.

FOR THE RECORD, MY NAME IS MARTIN SCHNEIDER.

I'M WITH THE TOWN'S PLANNING AND ZONING DEPARTMENT.

I'M GOING TO GIVE YOU JUST A LITTLE INTRODUCTION TO THE COMPREHENSIVE PLAN, COMPREHENSIVE PLANNING PROCESS AND THE YEAR WHICH IS THE EVALUATION AND APPRAISAL REPORT, AND YOU'LL HEAR ME CALL IT YEAR INTERCHANGEABLY.

I WANTED TO START WITH A LITTLE BIT OF HISTORY LIKE TOM JUST STARTED WITH.

IN RESPONSE TO POPULATION GROWTH AND ENVIRONMENT CONCERNS AS EARLY AS THE 1970S, THE STATE OF FLORIDA BEGAN TO TRY TO MANAGE THE IMPACTS OF GROWTH.

FORMALIZED GROWTH MANAGEMENT AND COMPREHENSIVE PLANNING IN FLORIDA STARTED WITH THE 1985 GROWTH MANAGEMENT ACT.

THE ACT REQUIRED EVERY COUNTY AND MUNICIPALITY IN THE STATE TO ADOPT LOCAL COMPREHENSIVE PLANS CONSISTENT WITH REGIONAL AND STATE PLANS.

THE ACT ESTABLISHED THE PROCESS FOR APPROVING THE PLANS AND FOR AMENDING THE PLANS AND THIS IS THE PROCESS THAT WE'RE GOING THROUGH WITH THIS YEAR PROCESS.

THAT'S WHY WHEN IT COMES BEFORE YOU AT THE NEXT MEETING, YOU'LL BE SITTING AS THE LOCAL PLANNING AGENCY BECAUSE THAT IS THE BODY THAT IS DESIGNATED IN EACH LOCAL GOVERNMENT TO REVIEW COMPREHENSIVE PLANNING ITEMS. IT ALSO SET OUT WHAT REQUIRED ELEMENTS WOULD BE IN THE COMPREHENSIVE PLAN AND IT CREATED RULES FOR ADMINISTRATIVE CHALLENGES AND CITIZEN CHALLENGES.

THAT ACT WAS FURTHER AMENDED THROUGHOUT THE EARLY 2000S AND THEN SINCE THEN OVER TIME, STATEWIDE GROWTH MANAGEMENT REGULATIONS HAVE BEEN CHIPPED AWAY FROM THAT.

MOST NOTABLY IN 2011 BY THE COMMUNITY PLANNING ACT.

THAT ACT CREATED AN EXPEDITED STATE REVIEW PROCESS THAT SHORTENED THE REVIEW PERIOD, THAT THE STATE AND THE REGULATING AGENCIES HAD TO DO THE REVIEW AND PROVIDED A LESS IN-DEPTH STATE REVIEW OF THE LOCAL PLANS THAT CAME BEFORE IT.

THE ACT ELIMINATED THE DEPARTMENT OF COMMUNITY AFFAIRS AND IN ITS PLACE CREATED THE DEPARTMENT OF ECONOMIC OPPORTUNITY, WHICH WE KNOW AS DEO AND THAT'S THE AGENCY THAT OVERSEES THE STATE PLANNING PROCESS AND THE ACT ALSO SIGNIFICANTLY REDUCED STATE AND REGIONAL PLANNING STAFF, SO THERE IS LESS PEOPLE ADMINISTRATING THE PROGRAM.

IN SHORT, THE COMPREHENSIVE PLANNING PROCESS REMAINS IN PLACE AND LOCAL GOVERNMENTS ARE STILL REQUIRED TO FOLLOW

[01:35:01]

IT BUT THE NUMBER OF REQUIREMENTS FROM THE STATE AND THE DEGREE OF STATE OVERSIGHT HAVE BEEN REDUCED.

ON THIS SLIDE, YOU CAN SEE THAT THE COMPREHENSIVE PLANNING ACT IS IN PLACE TO HELP LOCAL COMMUNITIES MANAGE GROWTH, PRIMARILY DEALING WITH LAND USE ISSUES, ALSO WITH PROTECTING YOUR RESOURCES.

ONE OF THE CONCEPTS AT THE HEART OF COMPREHENSIVE PLANNING IS CONCURRENCY, WHICH IS HOW PUBLIC FACILITIES, SUCH AS WATER, SEWAGE, TRANSPORTATION, SCHOOLS, PARK RECREATION, AND EVEN HOUSING HOW THE PUBLIC SERVICES OF FACILITIES ARE PROVIDED TO MEET COMMUNITY NEEDS OVER TIME.

YOU HAVE TO HAVE THE AVAILABLE CAPACITY VERSUS YOUR PROJECTED GROWTH TO PROVIDE ADEQUATE CAPACITY PRIOR TO OR CONCURRENT WITH THE NEED FOR THAT CAPACITY.

THIS DEALS WITH HAVING FUNDING AVAILABLE TO IMPROVE YOUR WATER SYSTEM OR WHATEVER THE DIFFERENT FACILITY IS IN TIME FOR WHEN THE IMPACTS OF THE GROWTH THE ADDED PEOPLE COME ONLINE, YOU HAVE TO BE READY TO SERVE THEM.

THE COMMUNITY INVESTMENT PROGRAM, OR CIP, IS UPDATED ANNUALLY AND THAT'S PART OF YOUR COMPREHENSIVE PLAN.

THIS JUST GIVES AN OVERVIEW OF A GENERAL PLANNING PROCESS SO YOU START WITH WHERE YOU ARE, BASICALLY YOUR DEMOGRAPHICS, WHO'S LIVING HERE, OR WHAT YOUR COMMUNITY SEES, THAT THEY WANT TO DO, WHAT YOUR COMMUNITY PROFILE? THEN YOU WANT TO LOOK INTO THE FUTURE AND SAY, "WELL HOW ARE WE GOING TO GROW? WHAT GROWTH DO WE WANT? HOW MANY PEOPLE DO WE FORESEE IN THE NEXT FEW YEARS? DO WE NOT HAVE ENOUGH ROADS AND THAT TYPE OF BACKGROUND ANALYSIS?" USUALLY EARLY IN THE PROCESS, YOU HAVE A COMMUNITY VISIONING PROCESS AND THAT WAS PROBABLY INVOLVED BACK WHEN THE COMPREHENSIVE PLAN WAS FIRST DONE AND EVERY SO OFTEN COMMUNITIES WILL HAVE A VISIONING PROCESS.

ONE OF THE THINGS THE TOWN DOES NOW IS WE DO AN ANNUAL STRATEGIC PLAN UPDATE.

THIS IS ON THE WEBSITE, VERY VALID GOAL TO GUIDE WHAT THE TOWN'S MAIN PRIORITIES ARE AND THAT CAN ALSO BE FOLDED INTO THE COMPREHENSIVE PLANNING PROCESS.

THEN HOW DO WE GET THERE? COMPREHENSIVE PLAN IS THE DOCUMENT THAT OVERSEES THE GENERAL LARGER PICTURE ISSUES AND THEN THE LAND DEVELOPMENT REGULATIONS AND OTHER RULES AND AMENDMENTS TO THE COMPLEMENT.

THAT'S ALL, HOW DO YOU IMPLEMENT THAT.

THAT'S A BASIC OVERVIEW OF HOW IT WORKS.

THE COMPREHENSIVE PLAN HAS 10 REQUIRED ELEMENTS.

THERE WERE NINE IN 2021, THE STATE ADDED THE PROPERTY RIGHTS ELEMENT, WHICH THE TOWN ADOPTED IN 2022 AND SOME OTHER COMMUNITIES HAVE OPTIONAL ELEMENTS.

THERE'S SOME ELEMENTS THAT SOME COMMUNITIES HAVE WE DO NOT, WE JUST HAVE THE REQUIRED ONES AND EACH ELEMENT HAS A GOAL, WHICH IS THE LONG-TERM OUTCOME THAT YOU WANT TO HAVE.

OBJECTIVES WHICH MEAN HOW ARE YOU GOING TO GET THERE AND THEN SPECIFIC POLICIES, WHICH IS DIFFERENT PROGRAMS THAT WILL GET YOU TO YOUR GOAL.

THE DEVALUATION APPRAISAL REPORT IS REQUIRED TO BE DONE EVERY SEVEN YEARS.

WE DID OUR LAST ONE BACK, I BELIEVE IN 2015 OR 2016 AND NOW WE'RE IN THE MIDDLE OF THIS NEXT ONE.

THE PLAN MUST REFLECT ANY CHANGES IN STATE REQUIREMENTS THAT HAVE HAPPENED DURING THAT SEVEN YEARS.

WHEN WE DID OUR EVALUATION, THE ONLY THING THAT WAS REQUIRED THAT HAD CHANGED WAS THAT YOU HAD TO DO THE PRIVATE PROPERTY ELEMENT, AND WE'VE ALREADY DONE THAT AHEAD OF THIS PROCESS.

WE DON'T HAVE ANY REQUIRED THINGS THAT HAVE TO BE IN THE EAR.

BUT THE EAR IS YOUR OPPORTUNITY TO UPDATE AND BASED ON CURRENT CONDITIONS OR YOUR NEW STRATEGIC PRIORITIES.

ONCE YOU SUBMIT YOUR LETTER TO DEO DEPARTMENT OF ECONOMICS OPPORTUNITY,

[01:40:02]

YOU TELL THEM BASICALLY WHAT AREAS YOU'RE GOING TO BE LOOKING AT AND THEY ACKNOWLEDGE THAT AND FROM THAT ACKNOWLEDGMENT POINT, YOU HAVE A YEAR TO DO YOUR UPDATE.

IF THE LOCAL GOVERNMENT DOES NOT TRANSMIT THE EAR BASED AMENDMENTS BY THEN, THE TOWN IS NOT ABLE TO PROCESS NEW COMPREHENSIVE PLAN AMENDMENTS UNTIL THE EAR BASED AMENDMENTS ARE ADOPTED.

THERE'S NO OTHER PENALTY TO BEING LATE.

THE TOWN DOES NOT HAVE ANY PENDING COMPREHENSIVE PLAN AMENDMENTS AT THIS TIME THAT WOULD NEED TO BE PROCESSED PRIOR TO THE ANTICIPATED DATE OF WHEN WE SEE THE ADOPTION OF THE EAR BASE AMENDMENTS HAPPENING.

AGAIN, THE PURPOSE OF THE EAR IS TO IDENTIFY YOUR MAJOR ISSUES RELATED TO CURRENT AND FUTURE GROWTH IN TOWN.

TO REVIEW HOW SOME OF THE POLICIES WORK IN THE PAST.

SOMETIMES YOU ACTUALLY MET THE GOALS SO YOU CAN ELIMINATE THAT POLICY.

SOMETIMES YOU DIDN'T REACH A GOAL, SO YOU MIGHT CHANGE A DATE OR YOU MIGHT ELIMINATE A POLICY BECAUSE IT'S NO LONGER A PRIORITY.

LIKE I SAID EARLIER, THE COMPREHENSIVE PLAN IS THE BROAD-BASED OVERVIEW OF WHERE YOU WANT TO BE AND HOW YOU WANT TO GET THERE.

THE LAND DEVELOPMENT REGULATIONS, WHICH THE TOWN HAS, HAS TO BE CONSISTENT WITH THAT COMPREHENSIVE PLAN.

THAT'S YOUR TOWN CODE.

YOUR TOWN CODE CAN'T HAVE SOMETHING THAT DOESN'T MEET WHAT YOUR COMPREHENSIVE PLAN SAYS.

BASICALLY THE LAND DEVELOPMENT REGULATIONS SHOULD GIVE YOU MORE SPECIFICS.

FOR INSTANCE, COMP PLAN MIGHT TELL YOU WHAT KIND OF USES YOU CAN DO IN A CERTAIN AREA.

BUT THE LAND DEVELOPMENT REGULATIONS MIGHT TELL YOU WHAT THE SETBACKS ARE, OR WHAT THE HEIGHT IS, WHAT THE LOT COVERAGE IS, HOW MUCH ENVIRONMENTAL AREA YOU HAVE TO PRESERVE ON THE SITE.

ALL OF THOSE DETAILS ARE IN THE LAND DEVELOPMENT REGULATIONS.

FOR THE 2023 PROPOSED EAR AMENDMENTS, THERE'S TWO PARTS.

ONE IS THE FUTURE LAND USE MAP AMENDMENTS AND WE HAVE TWO TOWN OWNED PROPERTIES THAT WE'RE GOING TO ASSIGN LAND USE DESIGNATION TO.

ONE OF THEM IS 500 NORTH DELAWARE, WHICH IS A PROPERTY THAT WAS PURCHASED WITH OPEN SPACE FUNDS, AND IT IS DESIGNATED AS A MEDIUM DENSITY RESIDENTIAL LAND USE, AND IT WILL BE CHANGED TO A RECREATION LAND USE SO IT CAN BE A PARK OR SOMETHING.

THE TOWN COUNCIL HAS NOT DECIDED WHAT THEY WANT TO DO ON THAT PROPERTY YET, BUT THEY KNOW IT'S GOING TO BE SOME PASSIVE TYPE RECREATION OR ENVIRONMENTAL PROTECTION TYPE USE.

THEN THERE'S A SMALL FLORIDA DOT REMNANT PROPERTY AT INDIAN TOWN ACROSS FROM THE TURNPIKE.

IT WAS A PIECE OF RIGHT AWAY AND THEY DID IT TO THE TOWN AND IT'S PART OF THE CURRENT GATEWAY PROJECT THAT'S OUT THERE WHICH IS NICE SIGNAGE AND THE PALM TREES THAT'S OUT WHEN YOU COME OFF THE TURNPIKE.

THIS LITTLE REMNANT HAS BEEN ADDED TO THAT AND IS GOING TO BE DESIGNATED FOR CONSERVATION.

THERE ARE A NUMBER OF PROPOSED EAR BASED AMENDMENTS THAT ARE COMPREHENSIVE TEXT AMENDMENTS.

I'M NOT GOING TO GO INTO THE DETAILS, BUT BASICALLY, WHEN WE COME BACK TO THE NEXT MEETING, THESE WILL BE THE ITEMS WE'LL GO THROUGH THEM.

THESE WILL BE IN A REPORT THAT WE'LL HAVE PROVIDED TO YOU.

LIKE I SAID, SO THERE'S DIFFERENT HOUSEKEEPING ITEMS. SOMETIMES YOU'RE CHANGING DATES OF POLICIES.

SOMETIMES YOU'RE ADDING ADDITIONAL EMPHASIS OR PROTECTION TO SOME USES THAT ARE IN THERE.

THE 10-MINUTE SCHEDULE THAT WE'VE LAID OUT IS TO COME BACK TO YOU AND YOU'LL BE, LIKE I SAID, ACTING AS THE LOCAL PLANNING AGENCY, AND WE'LL COME BACK TO YOU.

WE'RE PLANNING ON COMING JUNE 13TH, AND THEN YOU'LL GIVE YOUR EAR RECOMMENDATION AND TENTATIVELY SCHEDULED FOR JULY 18TH TOWN COUNCIL, IN WHICH THEY'LL TRANSMIT THE DOCUMENT IF THEY APPROVE IT.

THEN IT GOES UP TO THE STATE WHO HAS A 30 DAY REVIEW PERIOD.

THEN DEO WILL SEND BACK ANY COMMENTS OR ISSUES THEN STAFF HAS TIME TO ADDRESS THOSE ISSUES AND THEN IT GOES TO THE TOWN COUNCIL FOR ADOPTION AND IF NO CHALLENGES THAT EVENTUALLY IT WOULD BE APPROVED AND BE PART OF YOUR COMPREHENSIVE PLAN.

THAT'S THE BASIC LAYOUT AND I CAN TAKE ANY QUESTIONS THAT YOU ALL HAVE. THANK YOU

[01:45:02]

>> DOES ANYBODY HAVE ANY QUESTIONS FOR MR. SCHNEIDER? COMMISSIONER KEENAN? COMMISSIONER KIRN?

>> NO.

>> COMMISSIONER GUISINGER?

>> NO QUESTIONS.

>> NO QUESTIONS.

>> NO QUESTIONS.

>> NO QUESTIONS.

>> NO QUESTIONS.

>> I HAVE ONE QUESTION. HOW MANY WILL WE SEE? HOW MUCH IT'S GOING TO BE IN THERE?

>> PRIMARILY, THERE'S A COUPLE LARGE TICKET ITEMS, BUT PRIMARILY THERE ARE A DOZEN OR MORE HOUSEKEEPING ITEMS.

>> WILL THERE BE THE OPPORTUNITY TO SEE IT BEFORE ONE WEEK?

>> WE CAN TRY TO GET OUT EARLY.

>> I JUST MIGHT NEED MORE THAN A WEEK TO WRAP MY BRAIN AROUND IT.

>> YEAH. I DON'T THINK THERE'S ANYTHING TOO IN DEPTH REALLY IN THIS.

THERE WAS ONE ITEM THAT WE HAD TO TALK TO COUNSEL ABOUT WHICH WAS LIKE THESE DIFFERENT HOUSING ISSUES THAT WE CAME UP.

INSTEAD OF FOLDING THAT INTO THE EAR BASED AMENDMENTS, WE'RE GOING TO DO A SEPARATE WORKFORCE HOUSING ROUNDTABLE WITH THEM TO TRY TO GET IT A VISUAL STORY THEY WANT TO GO.

THAT BIG THING ISN'T IN HERE.

THIS IS A LOT OF HOUSEKEEPING, THERE'S NOT TOO MANY COMPLEX ISSUES IN THIS.

>> FANTASTIC SO NOBODY ELSE? THANK YOU.

>> THANK YOU.

>> HAVE A GOOD NIGHT. JOHN DO YOU HAVE ANYTHING FOR US?

>> I DO NOT. THANK YOU.

>> WITH THAT, DOES ANYBODY ELSE HAVE ANYTHING TO SAY BEFORE I ADJOURN?

>> [INAUDIBLE].

>> WELCOME. I WILL ADJOURN THE MEETING AT 8:47. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.