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>> GOOD EVENING. THE TIME IS NOW 6:05 AND

[00:00:04]

OUR CALL TO ORDER TOWN COUNCIL SPECIAL MEETING OF TUESDAY, JULY 25TH.

[Call to Order]

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

>> DEAR GOD, GUIDE US IN WAY OF JUSTICE AND PEACE THAT WE MAY HONOR ONE ANOTHER.

INSERT THE COMMON GOOD. AMEN.

>> AMEN.

>> LET'S HAVE A MOMENT OF SILENCE.

>> JOIN ME IN THE PLEDGE

>> COUNCILOR KURETSKI

>> HERE.

>> COUNCILOR SCHNEIDER.

>>HERE.

>> COUNCILOR DELANEY.

>> HERE.

>> COUNCILOR MAY.

>> HERE.

>> COUNCILOR SUNDSTROM.

>> HERE.

>> ACTING TOWN MANAGER MORETTO.

>> HERE.

>> TOWN ATTORNEY BAIRD.

>> HERE.

>> TALK LITTLE BIT OF A WAY OF EXPLANATION AND WE HAVE UP HERE.

[1. An appeal of the Final Order of the Historic Resources Board’s Denial of a Certificate to Dig for the properties owned by 961 A1A, LLC and 997 A1A, LLC.]

I'M GOING TO ASK EVERYBODY TO PLEASE FOLLOW THAT WHILE THE TOWN COUNCIL IS IN SESSION, THE MEMBERS THEREOF IN THE PUBLIC PRESENT IN THE COUNCIL CHAMBERS SHALL NOT BY CONVERSATION OR OTHERWISE DELAY OR INTERRUPT THE PROCEEDINGS WERE THE PIECE OF THE COUNCIL IS UNLAWFUL FOR ANY PERSON TO DISTURB OR DISRUPT THE MEETING OF THE TOWN COUNCIL, OR REFUSE TO OBEY ORDERS OF THE PRESIDING OFFICER IN THE CONDUCT OF THE MEETING, AND SUCH PERSON SHALL BE SUBJECT TO BEING SIMILARLY EJECTED FROM MEETING.

PLEASE, IF YOU FEEL YOU NEED TO DISCUSS A MATTER, THAT'S WHERE WE HAVE THE MOST PEOPLE WOULD GO TO THE BACK, OUTSIDE THE DOOR AND HAVE YOUR CONVERSATION AND THEN QUIETLY COME BACK IN.

I WOULD BE MOST GRATEFUL IF PEOPLE WOULD ABIDE BY THAT TONIGHT.

THIS IS A SPECIAL MEETING.

IT'S TO CONSIDER AN APPEAL OF THE DECISION OF THE HRB PERTAINING TO AN APPLICATION FOR A CERTIFICATE TO DIG.

IT'S NOT A PUBLIC HEARING WITH PUBLIC COMMENT.

THE REASON THERE WILL BE NO PUBLIC COMMENT IS THAT ALL THE PUBLIC COMMENT WAS TAKEN AT THE HRB PROCEEDINGS AND ON APPEAL.

THE PRESENTATIONS OF THE APPLICANT AND STAFF WERE LIMITED TO REPORTS, RECORDS, AND TESTIMONY THAT WERE PART OF THE RECORD THAT WAS DONE LAST MEETING.

WE ALL WENT THROUGH THOSE 1,500 OR SO PAGES OF RECORD.

THAT WAS WHAT WE WERE LIMITED TO CONSIDER.

AGAIN, THE COUNCIL MAY ONLY CONSIDER THE RECORD BEFORE MAKING ITS DECISION ON THE APPEAL.

IN ORDER TO PRESERVE DUE PROCESS, THERE CANNOT BE ANY NEW ARGUMENTS OR TESTIMONY FROM THE PARTY'S OVER THE PUBLIC REGARDING THE APPLICATION, GIVEN THAT THE APPEAL HERE PROCEEDING, WHICH AGAIN BEGAN LAST MEETING.

SO TONIGHT, WE'RE AGAIN ACTING UPON AN APPEAL OF THE HRB ORDER.

AS SUCH, WITH DUTY-BOUND TO HANDLE THESE MATTERS DIFFERENT FROM THAT WHICH RESIDENTS ARE ACCUSTOMED TO.

THE HISTORY AS SOON AS YOU STAND, PROPERTY DATES BACK 6,000 YEARS.

WE'RE ALL EXCITED ABOUT THAT.

IT'S REALLY IMPORTANT TO OUR TOWN AND TO ALL OF US.

I'M SURE HERE TONIGHT AND THOSE WATCHING AND MAY WATCH THE PROCEEDING AFTERWARDS.

THE TERM TAKES GREAT PRIDE IN ITS HISTORY AND HERITAGE AND RECOGNIZES THAT FLORIDA LAWS REQUIRE THE COUNCIL TO BALANCE PRESERVATION OF SITES WITH THE RIGHTS OF PROPERTY OWNERS TO DEVELOP YOUR PROPERTIES.

TONIGHT'S ACTION DOES NOT APPROVE ANY DEVELOPMENT, RATHER IT'S AN ACTION TO PRESERVE TWO SITES LISTED ON THE FLORIDA MASTER SITE PLAN FILE INTO CONDITIONS TO THE REST OF THE PROPERTY TO PROTECT ANY RESOURCES THAT MIGHT BE UNEARTH IF THE PROPERTY OWNER CHOOSES TO DEVELOP THE PROPERTY IN THE FUTURE.

FIRST LEVEL OF PRODUCTION LIES IN A DECISION TO PROTECT AND PRESERVE THE TWO SITES ON THE PROPERTY THAT ARE LISTED IN THE STATE OF FLORIDA MASTERS FILE.

THAT'S THE ALIGNMENT OF THE CELESTIAL RAILROAD, AND IT'S NORTHERN TERMINUS IN THE 4.09 ACRE MIDDEN SITE IN ITS ENTIRETY.

DIGGING ON THAT PROPERTY IS PROHIBITED.

[00:05:03]

THE SECOND LEVEL OF PROTECTION IS TO ISSUE A CERTIFICATE TO DIG FOR THE REMAINING PORTIONS OF THE PROPERTY, THAT'S AREAS OUTSIDE THOSE TWO SITES.

YOU SEE THIS CERTIFICATE TO DIG, ESTABLISHES CONDITIONS WHICH MUST BE MET BY PROPERTY OWNERS AT SUCH TIME AS THEY ELECT TO PROCEED WITH ANY DEVELOPMENT.

THESE REQUIREMENTS INCLUDE THINGS LIKE NOTIFICATION OF WORK THAT WILL DISTURB THE SITE, MONITORING OF THE WORK, STOPPING OF THE WORK WHEN NECESSARY, AND DOCUMENTATION OF FINDING THESE CONDITIONS WILL APPLY TO ANY CURRENT OR FUTURE OWNERS OF THIS PROPERTY.

IF ANY HUMAN REMAINS ARE FOUND PURSUANT TO FLORIDA STATUTES, ALL ACTIVITIES MUST STOP.

THE TOWN RELEVANT AGENCIES, SIMILAR TRIBE OF FLORIDA AND THE STATE DIVISION OF HISTORICAL RESOURCES MUST BE NOTIFIED, AND THEY MUST PROVIDE APPROVAL BEFORE ANY WORK AND CONTINUE.

IF ARTIFACTS ARE DISCOVERED ON THE PROPERTY, THEY MUST BE DOCUMENTED IN A COPY OF THE DOCUMENT FINDINGS PROVIDED TO THE TOWN.

TO TOWN CAN REQUIRE ARTIFACTS RECOVERED TO BE DONATED OR LOANS AT LOXAHATCHEE RIVER HISTORICAL SOCIETY, OR THEY RECOGNIZE HISTORICAL ARCHAEOLOGICAL ORGANIZATION.

AFTER THIS CERTIFICATE TO DIG IS ISSUED, IF ANY PROPERTY OWNERS ELECT TO DEVELOP THEIR PROPERTIES, THEY MUST STILL GO THROUGH THE NORMAL DEVELOPMENT APPLICATION PROCESSES IN A TOWN IS INCLUDE A REVIEW BY TOWN STAFF, REVIEW BY DEVELOPMENT PLANS BY THE TOWN'S PLANNING AND ZONING COMMISSION, AND THEN CONSIDERATION BY THE TOWN COUNCIL.

WHERE WE LEFT OFF LAST MEETING.

WE HAD HEARD ARGUMENTS MADE BY THE APPLICANT.

WE HEARD FROM OUR STAFF SUMMARIZING THINGS THAT HAD BEEN PROVIDED IN THE HRB MEETING.

WE ALLOW THE APPLICANT TO PROVIDE REBUTTAL ON WHAT STAFF HAD INDICATED.

WE MOVED INTO TOWN COUNCIL DELIBERATION WHERE EACH OF US HAD THE OPPORTUNITY TO VOICE OUR OPINIONS ABOUT THE MATTER BEFORE US.

AFTER THAT, I CALLED FOR A MOTION.

THERE WAS A MOTION AND A SECOND FORMING THE TERMS OF A CERTIFICATE TO DIG THAT A MAJORITY OF THE COUNCIL APPROVED.

WE'RE HERE TONIGHT TO CONSIDER WHETHER OR NOT THE DOCUMENT THAT WAS PRESENTED TO US BEFORE THIS MEETING, I BELIEVE IT'S POSTED ONLINE, WHETHER THAT REPRESENTS THE DECISION OF THE MAJORITY.

WITH THAT, LET ME TURN IT OVER TO MR. BAIRD.

COULD YOU GIVE US SOME GUIDANCE HERE?

>> THANK YOU, MAYOR. PURSUANT TO THE COUNCIL'S DIRECTION, I'VE PREPARED A CERTIFICATE TO DIG.

THE IMPORTANT ASPECTS OF THAT CERTIFICATE IS THAT THE TENURING SITES UNDER THE FLORIDA MASTER ARCHAEOLOGICAL SITE FILE ARE PRESERVED.

NO DISTURBANCES TO THOSE SITES.

THOSE SITES INCLUDE THE FOUR-PLUS ACRE SHELL MIDDEN, THE CELESTIAL RAILROAD, AND THE CELESTIAL RAILROAD'S TERMINUS; THE NORTHERN TERMINUS AT THE INLET.

THE BALANCE OF THE PROPERTY IS PROTECTED BY CONDITIONS TO THE CERTIFICATE TO DIG, AND I DO WANT TO NOTE THAT IN CONDITION 4, INSTEAD OF 10 FEET WIDE, IT SHOULD BE 9.56 FEET WIDE.

OTHER THAN THAT, THERE ARE NO CHANGES TO THE DOCUMENT THAT WAS PRESENTED TO YOU EARLIER TODAY AND ALSO POSTED AND PRESENTED TO THE PUBLIC VIA THE TOWN'S WEBSITE.

AT THIS POINT, IF YOU WOULD LIKE TO ENTERTAIN ANY COMMENTS OR DIRECTION FROM THE COUNCIL IN REGARDS TO THE CERTIFICATE TO DIG THAT HAS BEEN PRESENTED TO YOU, THIS WOULD BE THE TIME.

>> UPON REVIEWING WHAT WAS PRESENTED, IT DOES REFLECT THE DECISION THAT I HAD REACHED AT THE LAST MEETING, SO LET ME GO TO MY TWO COLLEAGUES WHO WERE PART OF THE MAJORITY AND ASK.

>> [OVERLAPPING] CONCEPT WITH THE UPDATED VERSION OF THE MAP ON THE SCREEN, SO EVERYBODY CAN SEE IT. DO WE HAVE THAT? AS YOU CAN SEE THE WHOLE PRESERVE IS THE GREEN,

[00:10:01]

RED, AND I BELIEVE YELLOW, I CAN'T SEE.

IT IS A WHOLE SWATH OF EVERYTHING ENCOMPASSING THE GREEN AND THE 10-FOOT BARRIER.

I DON'T HAVE ANY QUESTIONS, MAYOR.

I HAVE A STATEMENT TO MAKE.

BY APPROVING THE CTD THAT THE TOWN OF JUPITER WILL BE PLACING THE 4.07-ACRE MIDDEN AND CELESTIAL RAILROAD TRACK, AND TO PRESERVE IN ACCORDANCE WITH THE TOWN OF JUPITER'S COMPREHENSIVE PLAN WITH REVERENCE TO THE SEMINOLE AND MICCOSUKEE TRIBE AND ALL THE ANCIENT INHABITANTS OF THE AREA OF THE ENTIRE MIDDEN NEEDED TO BE PRESERVED.

THIS CERTIFICATE TO DIG DOES NOT MEAN SHOVELS BREAK AROUND TOMORROW, TO THE CONTRARY, ANY CURRENT DEVELOPMENT APPLICATION HAS MOVED.

ANY NEW APPLICATION WILL GO THROUGH THE USUAL NORMAL STRINGENT PROCESS OF STAFF, PLANNING AND ZONING, AND THE TOWN COUNCIL.

I READ ALL OF YOUR HUNDREDS OF EMAILS OVER THE PAST FEW WEEKS AND AGREE WITH YOUR SENTIMENT, BUT TAKING ACTION ON THE HRB'S RECOMMENDATION IN PRESERVING ALL 10-PLUS ACRES IS A RISKY PROPOSITION FOR THE TOWN.

IT WOULD LIKELY RESULT IN LITIGATION PERTAINING TO THE TAKING OF PRIVATE PROPERTY RIGHTS AND THE TOWN OF JUPITER WOULD FOREVER LOSE CONTROL OVER THE TESTIMONY AND FUTURE DEVELOPMENT OF SUNI SANDS, IF ANY.

I'M JUST NOT WILLING TO TAKE THAT CHANCE.

THANK YOU. [BACKGROUND]

>> I BELIEVE [OVERLAPPING]

>> NO, PLEASE.

[LAUGHTER]

>> I BELIEVE EVERY ELECTED OFFICIAL HAS AN OBLIGATION TO GO INTO DETAIL ON THE RECORD, WHICH IS WHY I'VE WAITED FOR TONIGHT, GIVEN THAT WE CAN ALL DELIBERATE HERE ON THE RECORD AND WE MUST DELIBERATE ON THE RECORD.

I JUST WANT TO SAY THAT MY REASONING FOR MY VOTE TONIGHT AND THE PREVIOUS NIGHT IS BECAUSE IF I DID ANYTHING ELSE IF I WENT FOR THE HRP DECISION, MY WORRY IS THAT IF I BASE TO VOTE ON PASSION OR PUBLIC OPINION AND NOT WITH A CLEAR LEGAL OR FACTUAL BASIS, THAT VOTE COULD BE OVERTURNED IN THE FUTURE.

I WANT TO THINK ABOUT EXAMPLES THAT I SEE AROUND TOWN OR AROUND THE COUNTY OR STATE.

A RECENT EXAMPLE IN THE COUNTY TO ME AS A RESIDENT WOULD BE MOROSO PARK OR THE RACEWAY.

IN THAT EXAMPLE IN THE COUNTY, I SAW A GROUNDSWELL OF SUPPORT FOR POSITION; THE COUNTY VOTING FOR THAT POSITION AND THE PROMPT REVERSAL BY THE MAGISTRATE, AND I WAS SHOCKED.

I ACTUALLY FELT I HAD WHIPLASH.

THE MAGISTRATE IN HIS 11-PAGE SUMMARY SAID THE DECISION HAD NO SUPPORT IN LAW, AND THAT'S IMPORTANT.

I DO NOT WANT THE SAME SURPRISE FOR RESIDENTS HERE, WHICH IS WHY WE CAN'T VOTE FOR THE FULL DENIAL BECAUSE IT DOESN'T HAVE A LEGAL OR FACTUAL BASIS AND WOULD BE OVERTURNED.

THE DENIAL OF A CERTIFICATE TO DIG DOES NOT HAVE A CLEAR LEGAL BASIS.

CODE SECTION 27-2443 SAYS THAT THE BOARD SHALL ISSUE A CERTIFICATE TO DIG AND THAT'S LEGAL LANGUAGE, MAKING SOMETHING MANDATORY.

I TOOK NOTE IN THE RECORD OF MULTIPLE TIMES THAT THE BOARD'S ATTORNEY AND STAFF MADE THIS POINT TO THE BOARD, SUCH AS ON PAGE NUMBERS 1380, 1340, AND 1185 OF THAT RECORD, AND I'LL KEEP IT AT THAT FOR NOW.

THE DENIAL ALSO HAS NO CLEAR FACTUAL BASIS.

DURING THE STAFF PRESENTATION LAST WEEK, WHICH WAS A 30-MINUTE PRESENTATION, THE FINAL FIVE MINUTES WERE FOR THE JUSTIFICATION THE BOARD PROVIDED FOR ITS DETERMINATION.

IN THAT LAST FEW MINUTES, THE JUSTIFICATION FOR DENIAL IS GIVEN MENTIONING PUBLIC COMMENT GIVEN BY THE SEMINOLE TRIBE, THE AMERICAN INDIAN MOVEMENT, AND EVEN BY FORMER MAYOR, KAREN GOLONKA.

LOOKING BACK AT THE RECORD, I FOUND THAT THE SEMINOLE TRIBE AND AMERICAN INDIAN MOVEMENT COMMENTED ON PRESERVING FOUR ACRES AND WERE SPECIFIC ON PAGES 1,258 AND 1,265 OF THE RECORD, AND NOW ON PAGE 8 OF THE DRAFT CERTIFICATE TO DIG, FORMER MAYOR GOLONKA'S COMMENTS DID NOT SUPPORT THE ENTIRE PROPERTY EITHER, BUT SHE DID TALK ABOUT THE IMPORTANCE OF THE TWO ARCHAEOLOGICAL SITES.

THIS IS ON PAGE NUMBER 1,270.

I DO NOT SEE A FACTUAL BASIS THERE AS IT WAS PRESENTED BY STAFF.

I COULD GO INTO MORE DETAIL, BUT THIS MAY BE THE CLEAREST EXAMPLE.

IT IS COMPLICATED AND WE DO NOT OWN THIS PROPERTY.

WE ARE NOT IN COMPLETE CONTROL AND CHARACTERIZING THE BOARD'S DECISION AS AN OPEN AND SHUT CASE IS NOT ACCURATE AND IS IRRESPONSIBLE.

FOLLOWING OUR PASSIONS WITHOUT CLEAR LEGAL OR FACTUAL SUPPORT DOES NOT SURVIVE LEGAL CHALLENGE, WHICH LEADS TO FEWER OPTIONS AND LESS DESIRABLE OUTCOMES FOR RESIDENTS.

>> [BACKGROUND]

>> PLEASE, ORDER.

>> MR. MAYOR, I'D LIKE TO MAKE A STATEMENT.

THIS WAS SUPPOSED TO BE A LIMITED HEARING FOCUSED ON WHETHER OR

[00:15:03]

NOT THERE WAS SUFFICIENT EVIDENCE IN THE RECORD TO SUPPORT HRB'S DECISION TO DESIGNATE ALL 10 ACRES OF A SUNI SANDS PARCEL AS ARCHAEOLOGICALLY AND HISTORICALLY SIGNIFICANT, THEREBY PROTECTING IT FROM FUTURE DEVELOPMENT.

IT IS UNUSUAL FOR COUNCIL TO HEAR AN APPEAL OF THIS NATURE WITH SUCH A NARROW FOCUS.

FOR REGULAR ITEMS, COUNCIL TYPICALLY HAS A BROAD DISCRETION UNDER THE TOWN CODE TO CONSIDER JUST ABOUT ANY FACTOR A COUNCIL MEMBER DEEMS IMPORTANT.

IN THIS REGARD, COUNCIL IS NOT BOUND BY THE INFORMATION OR OPTIONS PRESENTED TO IT.

FOR WHATEVER REASON, THIS PROCEEDING HAS TURNED FROM A LIMITED APPEAL INTO A DENOVO OF REVIEW, WHERE THE MAJORITY OF THIS COUNCIL HAS SUBSTITUTED ITS OWN JUDGMENT IN SUBSTANTIVE EVALUATION OF THE EVIDENCE FOR THE EXPERT OPINIONS OF HRB AND THE TOWN'S ARCHAEOLOGICAL CONSULTANTS.

IN DOING SO, [APPLAUSE] THE MAJORITY DISREGARDS A MOUNTAIN OF EVIDENCE THAT SUPPORTS PROTECTING THE KNOWN REGISTERED AN UNKNOWN SITES ON SUNI SANDS.

IF THIS HEARING WAS CONDUCTED AS IT WAS ADVERTISED, COUNCIL WOULD'VE CONSIDERED ONLY WHAT IS WITHIN THE SCOPE OF HRB'S AUTHORITY UNDER THE TOWN CODE.

IN OTHER WORDS, IF HRB DID NOT HAVE THE AUTHORITY TO CONSIDER IT IN THE FIRST INSTANCE, THEN COUNCIL SHOULD NOT INTRODUCE IT ON APPEAL AND SHOULD NOT BE RELYING ON IT IN ORDER TO REACH A DETERMINATION IN THIS HEARING.

FOR REASONS THAT REMAIN UNCLEAR TO ME, THE MAJORITY SEEMS TO BELIEVE THAT HRB MADE AN ERROR BECAUSE IN THEIR VIEW, THERE IS NO SUFFICIENT EVIDENCE IN THE RECORD TO SUPPORT PROTECTING THESE SIX ACRES.

THE TOWN ATTORNEY, AFTER GUIDING ALL OF THE HEARINGS, PREPARING THE ORIGINAL HRB ORDER, AND DEEMED IT TO BE LEGALLY SUFFICIENT, WHAT HAS CHANGED? THE MAJORITY WANTS TO PROTECT ONLY THE KNOWN REGISTERED SITES, EVEN THOUGH HRB HAS THE AUTHORITY TO PROTECT PREVIOUSLY UNKNOWN AREAS AS WELL.

THE MAJORITY POSITION ALSO COMPLETELY DISREGARDS THE TESTIMONY OF THE NATIVE AMERICANS EXPLAINING THEIR CULTURAL AND HISTORICAL SIGNIFICANCE OF THESE OTHER ACRES.

WHY ARE THESE ACRES DEEMED LESS WORTHY THAN THE LAND SURROUNDING THE CELESTIAL RAILROAD? [APPLAUSE]

>> ORDER PLEASE.

I'LL HAVE TO HAVE YOU WRAP UP HERE.

>> NO. MAYOR KURETSKI, DO NOT CUT ME OFF AND I WILL MAKE MY COMPLETE STATEMENT.

THE DRAFT ORDER OFFERS NO EXPLANATION AS TO WHY THE HRB'S DECISION, SHOULD BE OVERTURNED.

THERE IS NO ANALYSIS OF EXACTLY HOW HRB MADE SUCH A GLARING REVERSIBLE ERROR.

IT IS NOT CLEAR TO ME IF THE MAJORITY FULLY APPRECIATES THE IMPLICATIONS OF REMOVING THE SIX ACRES FROM A PROTECTION OF THE ARCHAEOLOGICAL AND HISTORIC SIGNIFICANCE DESIGNATION.

BY REMOVING THIS DESIGNATION FROM THIS PORTION OF THE SUNI SANDS PROPERTY, ONE, THESE ACRES WILL BE TREATED AS REGULAR RESIDENTIAL COMMERCIAL PROPERTY THAT IS SUBJECT TO DEVELOPMENT.

TWO, THESE ACRES WILL BE SUBJECT TO THE TOWNS WAIVER AND SPECIAL EXCEPTION PROCESSES, AS WELL AS OTHER RULES WITH A POTENTIAL FOR MORE INTENSE DEVELOPMENT, THAN PERHAPS ORIGINALLY CONTEMPLATED.

THREE, THE SHORELINE.

THE SHORELINE ADJACENT TO THE UNPROTECTED PROPERTY WOULD BE ELIGIBLE FOR DEVELOPMENT ALONE OR IN CONJUNCTION WITH A RECONSTRUCTION OF THE BOAT HOUSE.

SUCH DEVELOPMENT WOULD DO HARM, TO THE SEA GRASS BEDS AND MARINE LIFE LOCATED IN THIS ESTUARY.

[APPLAUSE] THIS WOULD BE CONTRARY TO THE TOWN'S STRATEGIC INITIATIVE TO PROTECT AND FOSTER SEA GRASS GROWTH.

I NEVER THOUGHT THAT A MAJORITY OF THIS COUNCIL WOULD TAKE AN ACTION THAT ADDS YET ANOTHER STAIN ON THE TOWN, FROM THE MISTREATMENT OF PEOPLE WHO ONCE LIVED AND THRIVED AT SUNI SANDS.

THE MAJORITY SEEMED TO HAVE NO ISSUE WITH DIGGING UP NATIVE AMERICAN ANCESTRAL REMAINS AND RELOCATING THEM ADJACENT TO THE INTACT MOUND BY THE EXISTING SUNI SANDS POOL AREA.

THERE IS NO REGARD PAID TO THE CULTURAL SIGNIFICANCE OF WHERE THOSE REMAINS WERE LAID TO REST.

THIS IS AN UNCONSCIONABLE PROPOSAL.

EACH ONE OF THE FIVE OF US RAN FOR OFFICE, MAKING VARIATIONS OF THE SAME PLEDGE THAT WE WOULD FIGHT TO UPHOLD THE RESIDENT'S WELL-KNOWN DESIRE TO KEEP JUPITER JUPITER.

YET WHEN FACED WITH THE PROSPECT OF A LEGAL FIGHT OF ALL BUT ALL AGREE, AS ONE OF THE MOST SIGNIFICANT PARCELS IN THIS TOWN, THE MAJORITY BACKS DOWN.

AT THE END OF THE DAY, I SIT HERE KNOWING THAT I WILL KEEP THE PROMISES I MADE TO THE RESIDENTS OF JUPITER.

ALL THE EVIDENCE NEEDED TO PROTECT THE SIGNIFICANT PROPERTY IS IN THE RECORD.

I SUPPORT THE FINDINGS OF THE HRB AND CAN SAY THAT

[00:20:03]

I AM STANDING BEHIND AND FULFILLING WHAT I SAID I WAS GOING TO DO.

THIS COUNCIL HAS ONE MORE OPPORTUNITY TONIGHT, TO DO WHAT IS RIGHT AND NECESSARY.

TO DO OTHERWISE IS A BREACH OF THE TRUST THE RESIDENTS OF JUPITER PLACED IN THEIR ELECTED REPRESENTATIVES.

[APPLAUSE]

>> COMMISSIONER MAY, I GIVE YOU A FEW MOMENTS.

>> NO, I CAN'T REALLY SAY MUCH MORE THAN WHAT VICE MAYOR SCHNEIDER HAS ALREADY SAID.

SOMEONE WHO GREW UP HERE AND SEEING MY TOWN BUILT OUT THE WAY IT'S BEEN BUILT OUT, THOUGH MOST PART YOU KNOW VERY WELL.

WHEN I LOOK AT AREAS LIKE THIS, I REALLY WANT TO FIGHT TO PRESERVE THESE AREAS.

IT WAS MY PROMISE TO THE VOTERS.

IT'S MY PROMISE TO THE NATIVE AMERICANS WHO WERE HERE WAY BEFORE US.

AND IT WOULD BE TO ME HUGELY DISRESPECTFUL TO DIG ON ANY AREA AROUND WHAT'S ALREADY BEEN DESIGNATED AS HISTORIC.

BECAUSE IF YOU LOOK AT THE FACTS OF HOW THE HRB PRESENTED IT, THEY'RE LOOKING AT IT AS THERE'S DEFINITELY HISTORIC SIGNIFICANCE IN THE AREAS SURROUNDING THIS.

SO, I DON'T WANT TO BE DISRESPECTFUL OF THE NATIVE AMERICAN ANCESTORS BY TRYING TO DIG AND UNEARTH AND FIND ARTIFACTS OR HUMAN REMAINS OR ANYTHING LIKE THAT.

I THINK IT NEEDS TO JUST BE, IN MY OPINION, LEFT ALONE.

WE HAVE AN OPPORTUNITY TO PRESERVE THIS AREA.

I HOPE WE HAVE AN OPPORTUNITY TO PURCHASE THIS AREA.

THERE'S NO REASON TO SAY THAT WE'RE GOING TO CLAIM EMINENT DOMAIN AND NOT ALLOW FOR ANYTHING TO HAPPEN.

I WOULD LIKE TO PROCEED WITH THE OPPORTUNITY TO PURCHASE THE AREA AND PRESERVE IT, SO THAT IT CAN BE USED AS AN EDUCATIONAL PLACE.

[APPLAUSE] VICE MAYOR SCHNEIDER, I THANK YOU FOR YOUR COMMENTS.

THEY WERE VERY WELL-THOUGHT OUT.

I DIDN'T PREPARE A STATEMENT TONIGHT.

I'D LIKE TO SPEAK FROM THE HEART AND LOOKING AT THE FACTS THAT WERE ALREADY PRESENTED FROM THE HRB BOARD, I'M GOING WITH THE EXPERTS ON THIS SITUATION.

[APPLAUSE]

>> RETURNING TO COUNCIL, WE HAVE BEFORE US THE ORDER THAT WE ASKED TO BE WRITTEN UP.

CAN I HAVE A MOTION AND A SECOND ON WHAT WE HAVE BEFORE US?

>> MOTION TO APPROVE.

>> SECOND.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> OPPOSED?

>> NO.

>> MOTION CARRIES 3-2.

>> SHAME ON YOU. [BACKGROUND] THE TIME IS NOW 6:27 AND WE ADJOURN THE MEETING.

[NOISE]

>> THEN YOU TRY TO SILENCE HER? HOW RACIST CAN YOU BE?

* This transcript was compiled from uncorrected Closed Captioning.