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>> GOOD EVENING. THE TIME IS NOW 07:00 PM AND I'LL

[Call to Order]

[00:00:04]

CALL TO ORDER THE TOWN COUNCIL MEETING OF TUESDAY, DECEMBER 19TH.

WE'LL BEGIN WITH AN INVOCATION, FOLLOWED BY A MOMENT OF SILENCE AND THEN THE PLEDGE OF ALLEGIANCE, IF YOU PLEASE JOIN ME IN STANDING.

>> DEAR GOD, THANK YOU FOR THE OPPORTUNITY TO GATHER ON THIS DAY.

WE HUMBLY ASK FOR GUIDANCE AND DIRECTION TO CONDUCT A MEETING FILLED WITH WISDOM, PRODUCTIVITY, AND RESPECT.

MOST IMPORTANTLY, HELP US ACCOMPLISH OUR COMMON GOALS.

AMEN. LET'S HAVE A MOMENT OF SILENCE.

>> PLEASE JOIN ME IN THE PLEDGE.

>>

>> MAY WE HAVE A ROLL CALL, PLEASE.

>> MAYOR KURETSKI.

>> HERE.

>> VICE MAYOR DELANEY.

>> HERE.

>> COUNCILOR FORE.

>> HERE

>> COUNCILOR MAY.

>> HERE.

>> COUNCILOR SUNDSTROM.

>> HERE.

>> TOWN MANAGER KITZEROW.

>> HERE.

>> TOWN ATTORNEY BAIRD.

>> HERE.

>> DO WE HAVE CITIZEN COMMENTS?

[CITIZEN COMMENTS]

>> YES, MAYOR. WE HAVE SIX CITIZEN COMMENTS.

FIRST IS GOING TO BE JAMES GUNN.

>> AND I HAVE SOME INFORMATION BEFORE I GET STARTED THAT I TOOK THE LIBERTY OF GETTING THROUGH A PUBLIC RECORDS REQUEST FROM PALM BEACH COUNTY FIRE RESCUE.

SO I TOOK THE LIBERTY OF HAVING IT ALL PRINTED UP FOR YOU, SO ONE CARD EACH FOR EACH OF THE COUNCIL MEMBERS.

FIRST I WANTED TO SAY THE COFFEE MEETING WAS GREAT, 2A MEETING.

I LOVE BEING ABLE TO TALK THAT WAY, IT'S MUCH MORE PRODUCTIVE THAN HERE.

SO I APPRECIATE THAT TIME THAT YOU GAVE ME THERE.

THERE WAS A COMMON THEME, I ACTUALLY TALKED WITH SCOTT QUITE A BIT AS WELL AND MR. DELANEY.

AND THERE WAS A COMMON THEME ABOUT MISSING INFORMATION FROM PALM BEACH COUNTY FIRE RESCUE.

AND I CAN UNDERSTAND YOUR LEVEL OF FRUSTRATION WHEN YOU ASKED FOR INFORMATION AND DON'T GET IT.

I WAS A LITTLE FRUSTRATED AFTER I LEFT THAT DAY TOO, SO I WENT AND I MADE AN APPOINTMENT WITH FIRE RESCUE FINANCE DIRECTOR AND I SAID, WHAT'S UP, HOW COME THEY'RE NOT GETTING THE INFORMATION? THE PERSON I SPOKE WITH WAS JILL GREGORY, A WONDERFUL PERSON.

IF YOU'VE EVER NEVER MET HER, SHE'S A WONDERFUL PERSON TO TALK TO AND THE FINANCE DIRECTOR, WHICH IS NOT MIKE MARTZ, IT'S A NEW PERSON, SO YOU SAID YOU WERE TRYING TO GET A HOLD OF SOMEBODY.

SO I'VE GIVEN OUR CARDS FOR EVERYBODY SO YOU CAN ALL GET THE SAME INFORMATION FROM THOSE PEOPLE.

BUT THAT BEING SAID, SHE PRINTED UP WHAT SHE SENT TO SCOTT AND I GUESS IT GOT INTO HIS EMAIL AND MAYBE IT GOT LOST OR SOMETHING BECAUSE I SEE IT WAS SENT TO YOU ON JULY 19 OF 2023.

AND IN THERE, IT COVERED ALL THE THINGS IN YOUR REPORT FROM AUGUST THAT YOU SAID WERE TO BE DETERMINED, DIDN'T KNOW YOU HAD CONCERNS ABOUT.

SO IT'S RIGHT IN THIS REPORT AND SHE POINTED OUT TO ME WHERE IT WAS.

SO I CAN ANSWER THEM FOR YOU REAL QUICK, BUT IT'S GOING TO BE IN YOUR REPORT.

THE ONE NON BUDGETED SITUATIONS, THE NUMBER IS ACTUALLY ZERO.

THE NEXT ONE WAS NEW STATION COST ON FISCAL YEAR '24, THAT NUMBER IS ZERO.

THE MOVE UP COSTS IS ACTUALLY INCLUDED IN THAT ON THAT PAGE, TWO OR THREE, WHATEVER IT IS, IT'S INCLUDED IN THAT 63.26 PERCENTILE.

IT'S ACTUALLY IN THAT NUMBER ALREADY.

THERE'S NOT AN ADDITIONAL COST FOR THE MOVE UP BECAUSE THEY'VE INCLUDED IT IN THAT NUMBER.

AND THEN NUMBER FOUR, THE REVENUE FROM EMS TRANSPORT WAS ACTUALLY 1,086,451, WHICH BRINGS THE TOTAL COST WAY DOWN TO 26,000,903.

THOSE SEEM TO BE THE NUMBERS YOU ARE LOOKING FOR, I'M NOT SURE WHY YOU DIDN'T GET THEM, THEY WERE EMAILED.

AND I SEE IN THE EMAIL CHAIN IT DID GO TO SCOTT, BUT AGAIN, MAYBE IT WENT TO HIS JUNK MAIL OR SOMETHING LIKE THAT, AND NOW YOU HAVE A COPY FOR YOURSELF.

IF THERE'S ANY OTHER INFORMATION YOU WANT, THEY SAID THAT THEY'RE WILLING TO GIVE YOU ANY INFORMATION YOU ASKED FOR.

I GAVE YOU BUSINESS CARDS FOR EVERYBODY SO YOU CAN CALL THEM DIRECTLY AND GET THE INFORMATION DIRECTLY FROM THEM.

WONDERFUL PEOPLE.

I ENJOYED SPEAKING WITH THEM.

NOW THE REASON I WANTED TO TALK TONIGHT WAS I WANT TO ADDRESS

[00:05:01]

THAT 80 PERCENTILE MUNICIPALITIES HAVING THEIR OWN FIRE DEPARTMENTS.

WHILE THAT'S A PARTIAL TRUTH, THE ACTUAL TRUTH, YOU'VE GOT TO KNOW THE HISTORY OF THE FIRE DEPARTMENTS IN PALM BEACH COUNTY.

IF YOU GO BACK TO THE 1980S AND BEFORE, IT WAS ACTUALLY 100%.

[NOISE] I'LL TRY IT ON THE NEXT ONE.

I'LL BE ABLE TO ADDRESS THAT FOR YOU. THANK YOU. [APPLAUSE]

>> NEXT WE HAVE LINDA MCDERMOTT FOLLOWED BY CINDY LOW.

>> GOOD EVENING. LINDA MCDERMOTT, CHADWICK DRIVE.

WELL, FROM THE 1980S BECAUSE MUNICIPALITIES, THAT IS WHAT THEIR FUNCTION WAS TO PROVIDE PUBLIC SAFETY AND SUCH LIKE THAT.

SO ANYWAY, AND I KNOW AND I RESPECT EVERY ONE OF YOUR POSITIONS.

AND THIS MAY OR MAY NOT BE THE LAST TIME I SPEAK ON FIRE RESCUE BECAUSE I THINK JUST ABOUT ALL THE EFFECTS HAVE BEEN BROUGHT OUT ON BOTH SIDES.

LOT OF YOU HAVE TO SOMETIMES HAVE DISAGREEMENTS TO AGREE.

BUT THERE'S ONE THING THAT DISTURBS ME A LITTLE BIT IS THAT ON JULY 11TH, THE AGREEMENT WAS ACCEPTED BY THE COUNTY.

ON JULY 18TH, THE FIRST HEARING WAS ON CONSENT, WHICH IS ROUTINE AND WAS EXPECTED TO BE APPROVED.

I PERSONALLY THOUGHT IT WAS GOING TO GET APPROVED.

IT WASN'T UNTIL AUGUST THAT ALL THE OUTCRY BECAME APPARENT.

I HAPPENED TO BE OUT OF TOWN, OTHERWISE I WOULD HAVE BEEN AT THAT MEETING.

SO IT ISN'T UNTIL JULY IS TRULY IF YOU NOTICE WHEN ALL THE OUTCRY HAS BEEN.

AND IT'S BECAUSE WE FEEL LIKE WE'VE BEEN BETRAYED OR THAT THERE'S INFORMATION THAT MAYBE YOU WERE PRIVY TO THAT WE WERE NOT PRIVY TO.

TRANSPARENCY, WE WANTED EITHER A SURVEY OR A VOTE MAYBE, BUT WE WEREN'T EVEN AWARE OF WHAT WE NEEDED UNTIL AFTER JULY.

SO I KNOW YOU MAY SAY YOU HAD NINE MEETINGS, YOU HAD INFORMATIONAL SESSION, YES.

TOWN MANAGER AND STAFF WORKED VERY HARD TO AGREE AND DISAGREE WITH THE COUNTY.

I KNOW MAYOR KURETSKI WHO WANTED A ONE-YEAR PULLOUT CLAUSE.

IT'S A THREE-YEAR PULL OUT CLAUSE THAT WAS AGREED ON.

ALL OF THOSE THINGS THAT YOU WENT BACK-AND-FORTH WERE AGREED ON, AND THAT'S WHY JULY 18TH SHOULD HAVE BEEN AN AGREEMENT.

YOU STILL COULD HAVE THE THREE-YEAR CLAUSE IF YOU WENT TO A VOTE IN MARCH, ALL YOU WOULD HAVE DONE THIS DELAYED ONE YEAR.

YOU STILL COULD HAVE HAD A THREE-YEAR PULL OUT CLAUSE, THAT ONE YEAR WOULD HAVE SAVED ALL OF THIS.

YOUR PUBLIC SPACE WILL BE REGAINED.

AGAIN, IT'S NOT AN EASY POSITION THAT ANY OF YOU HAVE.

AND I KNOW YOU TOOK THAT BECAUSE YOU CARE.

I CARE AND THAT'S WHY I'M HERE.

THERE IS STILL A CHANCE TO GET THE PUBLIC INPUT.

BUT IT APPEARS THAT THIS DECISION WAS MADE LONG BEFORE JULY. [APPLAUSE]

>> CHELSEA GASS.

>> HELLO. MY NAME IS CHELSEA GASS.

I LIVE IN BRENTWOOD NORTH.

BEFORE I SAY MY SPEECH, I DEFINITELY WANT TO SAY THANK YOU SO MUCH FOR BRINGING ME UP FOR THE LAST MEETING FROM MY NEIGHBORHOOD.

THE POLICE HAVE BEEN IN AND HELPING US OUT WITH ALL THE PEOPLE WHO ARE SPEEDING. THANK YOU SO MUCH.

I'M WORKING WITH THE TOWN AND THEN WE'RE GOING TO TRY TO DO THE CALMING SPEED TESTS. THANK YOU.

[NOISE] I WAS UP HERE IN JUNE AND MADE A SPEECH ABOUT OUR PARKS.

IT WAS ACTUALLY THE SAME NIGHT YOU GUYS GAVE AN AWARD TO THE PARKS OF OUR CREATION.

I WOULD LIKE TO READ A LITTLE BIT OF THAT SPEECH.

I AM SO PROUD TO BE A JUPITER RESIDENT, AND TO BE RAISING OUR BOYS IN OUR LITTLE SLICE OF PARADISE.

PEOPLE ARE FLOCKING HERE YEAR AFTER YEAR DUE TO THE BEAUTY AND THE UNIQUENESS OF JUPITER.

I'M A STAY HOME MOM OF THREE YOUNG BOYS.

WE ARE ALWAYS LOOKING FOR FUN PARKS, SPLASH PADS, AND A PLACE TO GO EXPLORE.

I'M UP HERE SPEAKING ON BEHALF OF PARENTS WITH CHILDREN.

OUR LOCAL PARKS ARE EMBARRASSING AND SAD.

OUR PARKS NEED TO BE A PRIORITY.

IT'S WARM YEAR ROUND, EXCEPT FOR OBVIOUSLY THIS WEEK.

THE PLAYGROUND EQUIPMENT GETS SO HOT THAT OUR CHILDREN GETS BURNED GOING DOWN THE SLIDES.

THE PLAYGROUND EQUIPMENT IS NOT MAINTAINED PROPERLY, AND IS UNSAFE.

OUR PARKS NEEDS SUN SHADES AND EQUIPMENT THAT IS SAFE FOR CHILDREN.

WE NEED SPLASH PADS AND WATER PARKS FOR ALL AGES TO APPRECIATE.

WE NEED TO INVEST TIME AND MONEY INTO THE PEOPLE THAT LIVE HERE LOCALLY YEAR-ROUND.

WHY IS IT THAT I HAVE TO DRIVE NORTH OR SOUTH TO THE NEXT TOWN TO FIND PARKS THAT ARE WELL-MAINTAINED WITH SOME SHADES, KID SPLASH PADS, AND EVEN WATER PARKS? NOW YOU'RE TELLING US YOU WANT TO TAKE AWAY

[00:10:03]

PARKLAND AND PUT AN UNNEEDED FIRE STATION ON IT.

WHY? THAT LAND IS PERFECT FOR A SPLASH PAD OR A WATER PARK.

SOMETHING THE TOWN TRULY NEEDS FOR THE CHILDREN THAT ARE LIVING HERE AND GROWING UP HERE THAT CAN ENJOY.

WE NEED SHADES OVER OUR PARKS WE NEED PLAYGROUNDS THAT CAPTIVATE OUR CHILDREN.

WE NEED WATER PARKS AND SPLASH PADS THAT FAMILIES CAN GO AND HAVE FUN TOGETHER.

ALL THIS MONEY YOU'RE SPENDING [NOISE] COULD BE IMPROVING OUR TOWN FOR THE RESIDENTS THAT LIVE HERE AND THE PEOPLE THAT VACATION HERE.

OUR CURRENT PUBLIC SAFETY IS UNBEATABLE AND YOU'RE DOING A DISSERVICE TO THE PEOPLE THAT LIVE HERE BY TRYING TO CREATE A SMALL TOWN DEPARTMENT THAT WILL NOT BEAT THE LEVEL OF SERVICE, THE QUICK RESPONSE TIME, AND THE EXPERIENCE THAT PALM BEACH COUNTY FIRE RESCUE ALREADY PROVIDES US.

THANK YOU. [APPLAUSE]

>> NEXT WE HAVE KRISTEN HENRY, FOLLOWED BY KAREN VINSON.

>> GOOD EVENING, COUNCIL. KRISTEN HENRY, 109 MAJORCA WAY.

I, LIKE EVERYBODY ELSE, WANTED TO START OFF BY SAYING THAT I DO RESPECT AND APPRECIATE EVERY ONE OF YOU UP HERE, MANAGEMENT, COUNCILORS, CLERK, JUST EVERYBODY INVOLVED IN STAFF AND WHAT YOU GUYS DO.

I KNOW SO MUCH GOES ON OUTSIDE OF JUST THE SUBJECT MATTER THAT BRINGS PEOPLE OUT TO THESE MEETINGS.

YOU HAVE TO CAREFULLY HANDLE SO MUCH OF THE DAY-TO-DAY BUSINESS THAT CAN'T BE LEFT TO THE PUBLIC.

I REALIZE IT IS A TOUGH JOB.

HOWEVER, WITH THAT BEING SAID, I FEEL WE'VE STILL BEEN LEFT WITHOUT ANSWERS BESIDES DEADLINES AS TO WHY A TOPIC WITH SO MUCH RESIDENT CONCERN HAS BEEN MET WITH SO MUCH PUSH BACK FROM THOSE THAT HAVE MADE UP THEIR MINDS.

IN THE RECENT CRA MEETING, IT WAS MENTIONED THAT THE PLANS THAT CAME UP IN THE MEETING NEEDED TO BE PRESENTED AND STILL NEEDED TO GO BACK TO THE PUBLIC FOR INPUT FOR APPROVALS.

WHY IS THERE SO MUCH HIGHER REGARD FOR PUBLIC INPUT FOR RIVERWALK THAN LIFESAVING SERVICES? ANOTHER THING IS OFTEN BROUGHT UP IS THE MUNICIPALITIES THAT HAVE THEIR OWN DEPARTMENTS.

AGAIN, WHY IS IT THAT BOTH HIGHLAND BEACH AND TEQUESTA FELT IT WAS IMPORTANT TO ADD THE QUESTION TO THEIR BALLOT, BUT JUPITER REFUSES TO? I KNOW WE CANNOT PUT EVERYTHING ON THE BALLOT, BUT IN THIS CASE, WHY ADD ANY QUESTIONS AT ALL? WHAT DETERMINES WHICH ISSUES SHOULD BE ON THE BALLOT, IF NOT ONE THAT BRINGS SO MUCH FEEDBACK TO THE COUNCIL? FROM MY UNDERSTANDING JUPITER HAS ADDED THIS QUESTION IN THE PAST, SO WHY REFUSE NOW? ALSO, I'VE BEEN TRYING TO RESEARCH THE CHARTER AS BEST I CAN, SO I MIGHT NOT BE CORRECT IN THIS, BUT COUNCILOR SUNDSTROM, I THINK IT WAS OCTOBER OR NOVEMBER MEETING, YOU SAID THAT THERE WERE MANY LANGUAGE CHANGES MADE TO THE RESIDENT CHARTER COMMITTEE IN 2019.

THAT OUR JUPITER RESIDENT COMMITTEE GAVE THE COUNCIL AUTHORITY TO ESTABLISH DEPARTMENTS BY CHANGING THE LANGUAGE.

THAT TO ME SAYS THAT BEFORE THAT THE COUNCIL DID NOT HAVE SOLE AUTHORITY TO DO SO.

I'M CONFUSED AS TO WHY THE TOWN ATTORNEY FEELS THAT ADDING A REFERENDUM TO AMEND THE CHARTER, REMOVING SOLE AUTHORITY OF THE COUNCIL WITHOUT A RESIDENT VOTE ISN'T A LEGAL QUESTION.

IF RESIDENTS GAVE THE AUTHORITY, WHY CAN'T WE TAKE IT BACK? THANK YOU. [APPLAUSE]

>> KAREN VINSON, 1003 SIOUX STREET.

I DO APPRECIATE EVERYTHING YOU GUYS DO AND I KNOW THAT YOUR JOB DOES SUCK, BECAUSE ALL YOU HEAR IS COMPLAINTS.

THAT'S WHAT HAPPENS.

NOBODY SAYS ANYTHING WHEN IT'S NICE.

BUT YOU ARE APPRECIATED WE JUST DON'T ALWAYS SAY THAT.

THAT BEING SAID, HERE I GO.

INDIAN CREEK PARK'S 11 ACRES HAS BASKETBALL COURTS, VOLLEYBALL COURTS, HAS PUBLIC PICNIC AREAS, PLAYGROUND, HAS A LAKE, HAS A BRIDGE.

PEOPLE GO FISHING, PEOPLE FEED THE DUCKS, THEY HAVE FITNESS STATIONS, THEY HAVE A GREAT FITNESS TRAIL FOR JOGGING OR WALKING.

IT'S A GREAT FAMILY PARK.

LET'S GO BUILD A BUILDING ON IT.

DOESN'T MAKE SENSE. WHY WOULD YOU TAKE THAT AWAY? WHY ARE YOU ALWAYS TAKING FROM THE RESIDENTS? LET'S TAKE AWAY THE PARKS FROM THE PEOPLE WHO NEED THEM.

WHY WOULD YOU EVEN CONSIDER THAT AS AN OPTION? I DON'T UNDERSTAND IT.

AGAIN, IT'S NOT VERY WELL THOUGHT OUT, AND THE RESIDENTS ARE THE ONES WHO ARE GOING TO SUFFER.

IT SEEMS TO BE THE NEW THEME.

OR REALLY MAYBE IT'S NOT ALL THAT NEW.

LAST YEAR YOU FORCED ME TO HAVE A $600 HIKE ON MY TAXES TO TRIM MANGROVES THAT I DON'T EVEN KNOW.

BUT THE TOWN DECIDED TO SAY THAT I ALL OF A SUDDEN OWN THEM, EVEN THOUGH THEY'RE ON THE NATURAL PART OF THE CREEK.

AGAIN, I WAS TOLD THAT THERE WAS A LOT OF WORK THAT HAD GONE INTO FROM THE TOWN PEOPLE, SO I HAD NO OPINION ABOUT IT. I'VE GOT MY TAX BILL.

I WAS APPRECIATIVE OF THE $800 RAISE I GOT BECAUSE IT WAS $200 ON

[00:15:02]

MY TAXES HERE AND $600 THAT WAS ASSESSED FOR THEM TO CUT THE MANGROVES, WHICH THEY'RE CURRENTLY CUTTING AND THEY'RE NOT DOING A VERY GOOD JOB.

YOU ARE THE GUYS WHO ALLOWED THE MAJOR CONTRIBUTION TO THE POLLUTION, THEREBY ALLOWING ALL THE SUBDIVISIONS TO DRAIN INTO THERE.

I'D LOVE TO BE ABLE TO GET A MAP AND A DIAGRAM OF WHERE ALL THE WATERWAYS ARE THAT GO INTO THERE.

I'VE ASKED, I HAVEN'T GOT IT YET.

I'VE TRIED. I CALL PEOPLE, NOBODY KNOWS.

LET EVERYBODY BUILD, THIS IS WHY JUPITER IS BUILT OUT.

THE ONLY THING YOU'RE CONCERNED ABOUT IS MONEY FROM YOUR TAXES.

IT'S THE ONLY THING THAT YOU'RE LOOKING FOR.

YOU DON'T CARE WHAT THE RESIDENTS WANT OR WHAT'S BEST FOR THEM.

YOU'RE GOING TO GET A FIRE TRUCK THAT'S GOING TO SIT HERE FOR THE NEXT THREE YEARS DEPRECIATING AND A LACK OF UPKEEP UNTIL IT'S GOING TO BE UNFIT TO BE USED.

THEN, YOU'RE GOING TO NEED TO REPAIR IT BEFORE YOU CAN EVER PUT IT IN SERVICE BECAUSE THIS IS SO PHYSICALLY RESPONSIBLE FOR SURE.

WHERE ARE YOU GOING TO HOUSE IT? YOUR NEW POSSESSION.

YOU'RE GOING TO PUT IT IN THE FLEET WHERE THE POLICE STATION STORES THEIR EQUIPMENT AND PULL THEIR EQUIPMENT OUT AND SEE IF THEY CAN GET MORE DAMAGED.

THERE'S NOT A FIRE HOUSE TO HOUSE IT.

IT'S A HUGE PIECE IT'S LIKE YOU CAN PUT A TARP OVER IT.

I'M VERY THRILLED WITH THE PHYSICAL RESPONSIBILITY THAT THE COUNCIL HAS HERE AND THAT THEY SHOW.

NOW TOWN'S GOING TO START SUING ANYBODY WHO OPPOSES THEM.

FREEDOM OF SPEECH FOR SURE.

I JUST WANT TO VOTE FOR THE FIRE DEPARTMENT.

[NOISE] IF THE PEOPLE SAY YES, THEN SO BE IT.

I WILL GLADLY SUPPORT IT. BUT I WANTED TO VOTE.

I FEEL THAT THIS WAS DONE POORLY ON YOUR PART AND A LOT OF BIAS ON YOUR PART.

ARE YOU REALLY THAT AFRAID OF THE PEOPLE TO MILE THEM TO VOTE? IT ALL SOUNDS MORE LIKE A DICTATORSHIP TO ME.

I'M REALLY DISGUSTED THAT YOU HAVE THE GALL TO SUE GROUP OF RESIDENTS.

THEY'RE TRYING TO ORGANIZE A GROUP IN ORDER TO HAVE THEIR VOICE HEARD.

YOU'RE GOING TO SUE ME NEXT BECAUSE I COME UP HERE AND I SPEAK MY MIND. GOOD LUCK.

I DON'T HAVE ANY MONEY BECAUSE IT ALL WENT TO THE PHYSICALLY RESPONSIBLE TOWN OF JUPITER TO PAY THE MANGROVE TRIMMING AND A FIRE TRUCK TO BE A PROP FOR THREE YEARS.

[APPLAUSE]

>> [INAUDIBLE]

>> HI, MY NAME IS CINDY LAW.

I HAD EMAILED YOU A COUPLE OF MONTHS AGO WITH RESPECTS TO AN ARREST THAT OCCURRED ON MAY 24TH.

I HAD A SPEECH AND I LEFT AT HOME, I'M A LITTLE NERVOUS, NOT A PUBLIC SPEAKER.

WHAT I WOULD HAVE LIKED TO HAVE HAD DASH CAMS ON THAT CAR THE NIGHT THAT I GOT ARRESTED, I WAS NOT PERMITTED TO PULL INTO A SAFE AREA.

MY DAUGHTER WAS LEFT HOME ALONE AFTER HAVING A STROKE, MASSIVE STROKE.

SHE HAD A SEIZURE A WEEK BEFORE.

I ASKED SEVERAL TIMES FOR SOMEONE TO CHECK ON HER AND NOBODY DID.

BUT HAD THERE BEEN DASH CAMS THAT WOULD HAVE SHOWN THAT I DID NOTHING WRONG.

I ENDED UP HAVING TO PAY FINANCIAL CONSEQUENCES BY HIRING AN ATTORNEY, WHICH WAS MONEY TAKEN FROM MY DAUGHTER, SOME RECOVERY, I HAD TO MAKE A DECISION TO DO A DIVERSION PROGRAM, ALTHOUGH I DID NOTHING WRONG, FOR A FINANCIAL REASON, SO THAT I COULD PAY MY DAUGHTER'S MEDICAL EXPENSES.

HAD THERE BEEN DASH CAMS ON THAT CAR, YOU WOULD HAVE SEEN THAT I WAS NOT SPEEDING, THAT I WAS NOT FLEEING, THAT I WAS LOOKING FOR THE BEST INTERESTS OF THAT POLICE OFFICER THAT WAS BEHIND ME AT 9:00 AT NIGHT ON INDIAN TOWN ROAD, BETWEEN THE TRAFFIC LIGHT AND GOING WEST TO TO JUPITER FARMS. I STILL SUFFER FROM THAT NIGHT.

I STILL SUFFER FROM FROM THE TRAUMA OF THAT NIGHT.

I AM LITERALLY A WOMAN THAT DOES NOTHING WRONG.

HAVE FOUR CHILDREN, TWO COLLEGE GRADUATES, ONE'S IN COLLEGE.

SHE'S DOING A FOUR YEARS ROTC, SEVEN YEARS MARINES.

I'M REALLY SPEAKING, SO THEY HAVE A MOMENT TO HEAL FROM WHAT HAPPENED TO ME THAT NIGHT BECAUSE I AM TERRIFIED OF POLICE OFFICERS, AND I SHOULDN'T BE.

MY DAD WAS A COP.

I GREW UP RESPECTING COPS.

NOW IT'S LIKE, WITHOUT THOSE DASH CAMS, IT'S THEIR WORD AGAINST MINE.

I NEED TO STAND UP FOR MY OWN CHILDREN AND KNOW WHAT TO DO FOR MY CHILDREN, TELL MY CHILDREN WHAT THEY'RE SUPPOSED TO DO WHEN THEY'RE BEING PULLED OVER BY A POLICE OFFICER.

BECAUSE WITH QUALIFIED IMMUNITY, THERE ARE NO CIVIL RIGHTS, THERE IS NO JUSTICE AND PROTECTING THE CITIZENS.

I'D SPENT THE TIME TALKING TO THE JUPITER POLICE.

[00:20:03]

I REALLY DID LIKE THE CAPTAIN, BUT I FEEL THAT THE END RESULT WAS SAYING FIRST I WAS ARRESTED, THAT WAS TRAUMATIZING, THEN I SAW THE BODY CAMS. THAT WAS HORRIFYING, AND THEN I GOT THE LETTER IS BEING ASSAULTED AGAIN AND AGAIN.

I'LL KEEP COMING BACK TO TELL MY STORY UNTIL SOMEBODY ACTUALLY HEARS ME AND HOW THIS HAS AFFECTED ME.

I'M JUST ASKING FOR DASH CAMS, SO IT PROTECTS THE CITIZENS AS WELL AS THE OFFICERS.

I THINK I'M DONE. THANK YOU.

>> THAT WAS THE LAST ONE.

>> THIS IS FOR THE RESIDENTS THAT SPOKE, WE SOMETIMES FOLLOW UP ON ITEMS. TO THE LAST WOMAN THAT SPOKE, WE HAD ASKED ABOUT THAT AND HADN'T GOTTEN AN UPDATE, BUT I'M SURE OUR TOWN MANAGER WILL FOLLOW UP.

BUT IN ANY EVENT, MOVING ON TO

[1. December 5, 2023 Town Council Meeting Minutes]

THE MINUTES WE HAVE BEFORE US DIMINISHED OF THE DECEMBER 5TH MEETING, AND WE ALSO HAVE SOME CORRECTIONS ON THE DIOCESE FEES.

NO OTHER CORRECTIONS.

CAN I HAVE A MOTION?

>> SO MOVED.

>> SECOND.

>> MOTION AND A SECOND.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

>> [OVERLAPPING] AYE.

>> MOTION CARRIES UNANIMOUSLY.

MOVING ON TO THE CONSENT AGENDA.

[CONSENT AGENDA]

THIS IS ITEMS 2 THROUGH 11 ON THE AGENDA.

IS THERE ANY MEMBER OF THE PUBLIC THAT WISH TO PULL A CONSENT AGENDA ITEM?

>> YES, MAYOR, WE HAVE SEVERAL MEMBERS OF THE PUBLIC THAT WOULD LIKE TO PULL ITEMS. ITEM 2, 7, AND 11 HAVE ALL BEEN PULLED.

>> COUNSELOR FORE?

>> I'M 4 PLEASE, AND ALSO 11.

>> 4. [OVERLAPPING].

>> 11.

>> 11.

>> 11.

>> WE WILL AMEND THE CONSENT AGENDA TO MOVE ITEMS 2,4,7 AND 11 TO REGULAR AGENDA.

FIRST UP, I'LL TAKE A MOTION ON THE AMENDED AGENDA.

>> MOTION TO APPROVE.

>> SECOND.

>> MOTION AND A SECOND.

FIRST OF ALL, WE HAVE SOME QUASI-JUDICIAL THAT REMAINS ON CONSENT NUMBER 5 AND NUMBER 6.

I HAVE NO QUASI-JUDICIAL ON THOSE.

DOES ANYBODY HAVE ANY EX-PARTE DISCLOSURES?

>> NO, MAYOR.

>> NO.

>> NO.

>> SEEING NONE.

THE [INAUDIBLE] NUMBER OF ORDINANCES.

I'D ASKED THE TOWN ATTORNEY TO READ THE ORDINANCES ON 3 AND 5 ON SHORT TITLE?

>> TWENTY-THREE. IN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF JUPITER, FLORIDA, AMENDING ORDINANCE NUMBER 57-89, IN THE COMPANY'S PLAN IN TOWN OF JUPITER.

PROVIDING FOR AN AMENDMENT OF THE FUTURE LAND USE DESIGNATION OF ATTAINING PROPERTY OF APPROXIMATELY 7.6 ACRES LOCATED AT 500 NORTH DELAWARE BOULEVARD FROM MEDIUM DENSITY RESIDENTIAL TO CONSERVATION, RUNNING FOR THE ASSIGNMENT IN THE FUTURE LAND USE DESIGNATION OF ATTAINING PROPERTY OF CONSERVATION TO APPROXIMATELY 0.3 OF AN ACRE, LOCATED ON THE SOUTH SIDE OF INDIAN TOWN ROAD ACROSS FROM THE ENTRANCE TO THE FLORIDA TURN PIPE, PROVIDING FOR SEVERABILITY, PROVIDING FOR [INAUDIBLE] AND PROVIDING FOR AN EFFECTIVE DATE. VOTE ON THAT ONE OR?

>> I THINK WE DID A MOTION. [OVERLAPPING]

>> ON CONSENT ITEM.

>> YEAH.

>> WHAT'S THE NEXT NUMBER OF ORDINANCE?

>> ORDINANCE 11-23.

>> ORDINANCE 11-23 AN ORDINANCE OF TOWN COUNCIL, TOWN OF JUPITER, FLORIDA, AND THEN IN THE TOWN'S OFFICIAL ZONING MAP TO REZONE APPROXIMATELY 7.6 ACRES

[00:25:02]

OF PROPERTY LOCATED AT 500 NORTH DELAWARE BOULEVARD FROM UNWILLING RESIDENTIAL, SINGLE-FAMILY, THE CONSERVATION PRESERVATION PROVIDING FOR THE ASSIGNMENT AND THE CONSERVATION PRESERVATION ZONING DISTRICT TO APPROXIMATE 0.3-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF INDIAN TOWN ROAD.

THE COMMANDS FROM THE INTERESTS OF THE FLORIDA TURNPIKE FOR SEPARABILITY AND PROVIDING FOR THEIR ACCOUNT WAS IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.

>> ORDINANCE 20-23 AND THEN 21-23.

>> ORDINANCE 20-23 AN ORDINANCE OF THE TOWN COUNCIL, TOWN OF JUPITER, FLORIDA AMENDING ORDINANCE NUMBER 57-89.

THE COMPANIES ARE PLANNING THE TOWN OF JUPITER.

PROVIDING FOR AN AMENDMENT TO THE FUTURE VALENCE DESIGNATION AND FEATURE LAYER IS MADE UP OF APPROXIMATELY 15.78 ACRES OF TAILORING PROPERTY LOCATED APPROXIMATELY 300 FEET SOUTH OF EAST FREDERIC SMALL ROAD AND ITS INTERSECTION WITH PALMWOOD ROAD, WITHIN THE PARIS CLUB PLANNED UNIT DEVELOPMENT FROM LOW-DENSITY RESIDENTIAL TO CONSERVATION, PROVIDING FOR SEPARABILITY, PROVIDING FOR THE REPEAL OF LAWS AND CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE 21-23 AN ORDINANCE IN THE TOWN COUNCIL, TOWN OF JUPITER, FLORIDA, AND THEN INTENSE OFFICIAL ZONING MAP TO WISDOM, APPROXIMATELY 15.78 ACRES OF PROPERTY LOCATED APPROXIMATELY 300 FEET SOUTH EAST FREDERIC SMALL ROAD AND PALMWOOD ROAD INTERSECTION WITHIN THE BEARS CLUB PLANNED UNIT DEVELOPMENT FROM RESIDENTIAL SINGLE-FAMILY TO CONSERVATION PRESERVATION.

PROVIDING FOR SEPARABILITY, PROVIDING FOR THE REPEAL OF LAWS AND CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE.

>> THANK YOU. WE HAD A MOTION AND A SECOND ON AN AMENDED CONSENT AGENDA, INCLUDING AGENDA ITEMS 3, 5, 6, 8, 9, AND 10.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> MOTION CARRIES UNANIMOUSLY.

MOVING ON TO THE FIRST ITEM PULLED, AND I'M GOING TO ASK SINCE I THINK THESE WERE PULLED BY THE PUBLIC AND SOME BY COUNCIL, THAT PLEASE LIMIT ANY COMMENTS TO THE SPECIFIC AGENDA ITEM.

THE FIRST ITEM IS ORDINANCE 7-23,

[2. Ordinance 7-23, Second Reading Evaluation and Appraisal Report (EAR) based Comprehensive Plan Text Amendments – To modify eight comprehensive plan elements related to incorporating statutorily required changes and additional revisions to reflect changes in local conditions and the Town’s strategic priorities.]

PULLED BY A MEMBER OF THE PUBLIC.

>> KAREN BENSON.

>> HI. KAREN BENSON 1003 SIOUX STREET. THIS IS REAL SHORT.

MY QUESTION IS, THE ITEM SAYS THAT IT'S CHANGING THE MEMBER VOTE, AND CHANGING LAND USE TO FOUR MEMBERS.

WHAT WAS THE ORIGINAL?

>> MAJORITY THREE.

>> IT WAS THREE? THAT'S A IS WHAT I WANTED TO KNOW AND B IS, CAN IT BE CONSIDERED THAT IT NEEDS TO BE A MAJORITY SINCE YOU'RE LOOKING AT CONSERVATION LAND JUST TO CONSIDER MAKING IT A FULL COUNCIL? THAT'S IT. IT'S ON BOTH OF THEM BECAUSE IT'S LISTED IN THERE TWICE ON DIFFERENT ONES.

>> ANYBODY ELSE FROM THE PUBLIC?

>> NO MAYOR.

>> ANYBODY ON COUNCIL HAVE ANY QUESTIONS ON THAT ONE? CAN STAFF JUST EXPLAIN THE OBJECTIVE OF THAT CHANGING?

>> YEAH. JUST BRIEFLY.

IT MAKES IT SO IT'S MORE THAN A MAJORITY TO CHANGE FROM CONSERVATION AND RECREATION TO SOME OTHER USE, USUALLY MORE INTENSE USE SO IT MAKES IT MORE DIFFICULT.

I DON'T KNOW IF THAT ADDRESSES YOUR CONCERN.

>> I DIDN'T KNOW HOW MANY IT WAS ORIGINALLY.

>> ORIGINALLY WOULD HAVE BEEN THREE OUT OF FIVE AND NOW IT REQUIRES FOUR OUT OF FIVE.

>> THANK YOU.

>> THAT'S ORDINANCE 7-23.

HAVING NO FURTHER QUESTIONS FROM COUNCIL, I'LL ASK THE TOWN ATTORNEY TO READ ORDINANCE 7-23 ON SHORT TITLE.

>> ORDINANCE 7-23 AN ORDINANCE OF TOWN COUNCIL, TOWN OF JUPITER, FLORIDA AMENDING ORDINANCE 57-89, THE COMPREHENSIVE LEARNED TOWN OF JUPITER PROVIDING FOR THE AMENDMENT TO THE TEXT OF VARIOUS ELEMENTS OF THE COMPANY'S PLAN RESULTING FROM THE DIRECTORS OF THE TOWN COUNCIL AFTER THE COMPLETION OF THE EVALUATION AND APPRAISAL REVIEW, PROVIDING FOR THE REPEAL OF LAWS AND CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE.

>> WE HAD A MOTION. DO WE HAVE A MOTION?

>> NO.

>> A MOTION TO APPROVE ORDINANCE 7-23.

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

>> AYE.

>> AYE. MOTION CARRIES UNANIMOUSLY.

MOVING ON TO ORDINANCE 18-23 PULLED BY A MEMBER OF THE PUBLIC.

[4. Ordinance 18-23, Second Reading – Approval of Local Building Code Amendment to the Florida Building Code 8th Edition.]

[00:30:02]

>> YES, WE HAVE JAMES GUNN AND KRISTEN HENRY.

>> THIS IS APPROVAL OF LOCAL BUILDING CODE AMENDMENTS.

>> NO, I WAS PUT ON NUMBER 7.

>> NUMBER 7. SORRY.

>>I THINK COUNCILOR FORE PULLED NUMBER 4.

>> I DID.

>> IS THERE ANYBODY ELSE FROM THE PUBLIC?

>> NO MAYOR.

>> OKAY.

>> I JUST WANTED TO SAY A LITTLE BIT ABOUT THE FLORIDA BUILDING CODE.

I'M A STRUCTURAL ENGINEER, MECHANICAL ENGINEER, PE CONTRACTOR IN A BUILDING INSPECTOR.

I JUST WANTED TO REASSURE THE PUBLIC THAT THE FLORIDA BUILDING CODE IS PERHAPS THE PREMIER CODE IN THE STATE OF FLORIDA AND OUR AMENDMENTS ARE NOT ALLOWED TO IN ANY WAY WEAKEN THE FLORIDA BUILDING CODE, BUT THEY CAN MAKE IT STRONGER.

THAT'S ONE OF THE CHARTERS OF THE FLORIDA BUILDING CODE.

AGAIN, IT'S ONE OF THE BEST CODES IN THE UNITED STATES AND WE'RE VERY LUCKY AS A STATE, A COUNTY, AND THE CITY THAT WE HAVE SUCH A CODE.

>> CAN I HAVE A MOTION ON ORDINANCE AND A SECOND ON ORDINANCE 18-23 ON SECOND READING?

>> MOVE TO APPROVE.

>> SECOND.

>> MOTION AND A SECOND, I'LL ASK THE TOWN ATTORNEY TO READ ORDINANCE 18-23 ON SHORT TITLE.

>> ORDINANCE 18-23.

THE ORDINANCE OF THE TOWN COUNCIL, TOWN OF JUPITER, FLORIDA AMENDING ORDINANCE 19-20.

IN CHAPTER 21 OF THE JUPITER CODE OF ORDINANCES, ENTITLED BUILDINGS AND BUILDING REGULATIONS FOR LANDING FOR THE MOVEMENT OF SECTION 21-87 REGARDING LOCAL AMENDMENTS PERTAINING TO THE ADMINISTRATION OF THE EIGHTH EDITION 2023 OF THE FLORIDA BUILDING CODE AS SET FORTH IN EXHIBIT A, PROVIDING FOR THE ENFORCEMENT OF VIOLATIONS, PROVIDING THAT IN THE EVENT OF CONFLICT, THE MORE STRINGENT PROVISIONS SHALL PREVAIL, PROVIDING FOR CLARIFICATION, PROVIDING FOR SEPARABILITY, PROVIDING FOR THE LAWS AND CONFLICT, PROVIDING FOR INCLUSION IN THE CODE BY REFERENCE ONLY PROVIDING FOR AN EFFECTIVE DATE.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> AYE. MOTION CARRIES UNANIMOUSLY.

MOVING ON TO ITEM AGENDA ITEM 7,

[7. Ordinance 15-23, Second Reading, Consenting to continue the inclusion of Jupiter in the Jupiter-Municipal Service Taxing Unit (MSTU) to finance the provision of fire-rescue services by Palm Beach County Fire/Rescue.]

ORDINANCE 15-23 ON SECOND READING, WHICH IS CONSENTING TO CONTINUE INCLUSION OF JUPITER AND THE JUPITER MUNICIPAL SERVICE TAXING UNIT, TO FINANCE THE PROVISION OF FIRE RESCUE SERVICES BY PALM BEACH COUNTY FIRE RESCUE.

THAT'S AN ANNUAL CONSENT PULLED BY A MEMBER OF THE PUBLIC.

>> YES, JAMES GUNN FOLLOWED BY KRISTEN HENRY.

>> THE REASON YOU SHOULD NOT ONLY APPROVE IT, BUT STAY IN IT AND GET RID OF THIS BARE BONES FIRE DEPARTMENT YOU'RE TALKING ABOUT IS ONE OF YOUR FUNDING MECHANISMS THAT YOU'RE TALKING ABOUT FOR YOUR NEW FIRE DEPARTMENT IS NON-AD VALOREM TAX.

FOR THOSE PEOPLE THAT DON'T KNOW, NON-AD VALOREM TAX OR A FLAT TAX IS ACTUALLY A TAX ON POOR PEOPLE.

IT SHIFTS THE TAX BURDEN FROM RICH PEOPLE TO POOR PEOPLE.

WE CAN ILLUSTRATE THAT BY, AND PEOPLE CAN LOOK AT THEIR OWN TAX BILL, WHEN YOU LOOK AT THE SOLID WASTE AUTHORITY LINE ON YOUR NON-AD VALOREM PORTION OF YOUR TAX BILL.

I PULLED IT UP. THERE'S A LITTLE HOUSE ON FIRN STREET, ABOUT 800 SQUARE FEET, PAYS $188 A YEAR TO SOLID WASTE AUTHORITY.

I PULLED UP A HOUSE IN BEAR'S CLUB ABOUT 30-40,000 SQUARE FEET, PAYS $188 TO SOUTH FLORIDA SOLID WASTE AUTHORITY FOR GARBAGE SERVICE.

BEAR'S CLUB GUY CAN PRODUCE 10 TIMES THE AMOUNT OF GARBAGE THAT GUY DOES ON FIRN STREET, BUT THE GUY ON FIRN STREET IS GOING TO PAY THE SAME DOLLAR AMOUNT OF MONEY AS A FLAT TAX TO SOLID WASTE AUTHORITY.

>> THIS HAS NOTHING TO DO WITH THE-.

>> IT DOES. THIS IS WHY YOU SHOULD STAY WITH THE MSTU NOW, AND BEYOND.

>> YOU HAVE ANY OTHER COMMENTS PERTINENT TO THAT?

>> NO. IT'S JUST SIMPLY THAT I THINK THAT YOU SHOULD STAY AND THAT'S MY ILLUSTRATION OF WHY YOU SHOULD STAY WITH THE JUPITER MSTU NOW, AND INTO THE FUTURE.

BECAUSE WHAT YOU'RE PLANNING ON DOING WITH YOUR NEW FIRE DEPARTMENT IS PASSING THE TAX ONTO POOR PEOPLE.

ANYBODY THAT'S HOMESTEADED, ANYBODY THAT'S BEEN IN THEIR HOUSE FOR A VERY LONG TIME AND ENJOYS THE FLORIDA HOMESTEAD PROTECTION AND SAVE OUR HOMES IS GOING TO PROBABLY SEE A HUGE TAX INCREASE.

WHILE THE WEALTHY PEOPLE IN OUR TOWN ARE GOING TO SUFFER, ARE ACTUALLY GOING TO GET THE BENEFIT OF THE POOR PEOPLE PAYING FOR YOUR NEW FIRE DEPARTMENT.

PALM BEACH COUNTY ACTUALLY FUNDS THROUGH MSTU 100%.

I WOULD SUGGEST IF YOU'RE GOING TO START A NEW FIRE DEPARTMENT, YOU FUND THE WHOLE THING THROUGH A MSTU AND NO AD VALOREM SO THAT THE TAX CAN BE SHARED FAIRLY BY EVERYBODY AND THE PEOPLE

[00:35:04]

THAT ARE GOING TO SUFFER THE MOST AT THE BOTTOM ARE GOING TO PAY A SHARE AND THE PEOPLE THAT GET THE MOST SERVICE ARE GOING TO PAY THE MOST OUT OF IT.

THANK YOU SO MUCH. [APPLAUSE]

>> NONE OF THAT IS ON THIS AGENDA TOPIC. BUT GO AHEAD.

>> MINE IS A LITTLE BIT MORE MAYBE OFF OF THAT TOPIC AS WELL.

I THINK I MIGHT SAVE MINE FOR JANUARY WHEN THIS TOPIC MAYBE COMES INTO PLAY, SO I WILL NOT COMMENT.

>> THOSE WERE ALL THE COMMENTS.

>> ANYBODY ON THE COUNCIL HAVE ANY COMMENTS ABOUT THAT? NO ONE? SEEING NONE.

I'LL TAKE A MOTION AND A SECOND ON ORDINANCE 15-23 ON SECOND READING.

>> MOTION TO APPROVE.

>> SECOND.

>> I'LL ASK THE TOWN ATTORNEY TO READ ORDINANCE 15-23 ON SHORT TITLE.

>> ORDINANCE 15-23 AN ORDINANCE OF THE TOWN COUNCIL OF TOWN OF JUPITER, FLORIDA CONSENTING TO THE TERMS CONTINUED PARTICIPATION IN THE PALM BEACH COUNTY OF JUPITER IN THE MSTU FOR FIRE RESCUE, EMERGENCY MEDICAL, AND OTHER RELATED SERVICES FOR 2024 AND PROVIDING FOR AN EFFECTIVE DATE.

>> WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> [OVERLAPPING] AYE.

>> THE MOTION CARRIES UNANIMOUSLY.

MOVING ON TO AGENDA ITEM NUMBER 11.

[11. Approving contract renewal with Jones Foster, P.A.]

THIS ONE WAS PULLED BY MEMBERS OF THE PUBLIC AND THE COUNCIL. FIRST DAY.

>> WE HAVE KAREN BENSON, FOLLOWED BY KRISTIN HENRY.

>> HI, KAREN BENSON, 1003 SIOUX STREET.

THE ONLY THING I HAVE TO SAY ON THIS IS THAT I'D LIKE TO KNOW WHAT THE CURRENT COST OF THE ATTORNEY FEES ARE NOW PER HOUR.

IT SAYS IN THE AGENDA THING THAT IT'S GOING TO RAISE UP TO $404.50 FOR LITIGATION.

I'M CURIOUS, WHAT RAISE IS THAT? DOESN'T STATE IT.

I LOOKED IT UP. DO YOU HAVE AN ANSWER? YOU INTERRUPTED HIM WHEN HE WAS TALKING, SO I'M JUST ASKING A QUESTION.

IF YOU DON'T, THEN THAT'S FINE.

YOU CAN ANSWER AT THE END.

HOW MUCH OF A JUMP IS THIS GOING TO BE IS MY QUESTION, AND WOULDN'T THERE BE A CONFLICT OF INTERESTS WITH THE DIFFERENT MUNICIPALITIES THAT OUR CURRENT ATTORNEY WORKS WITH.

HE CURRENTLY REPRESENTS MULTIPLE DIFFERENT MUNICIPALITIES.

BUT YOU QUESTION OTHERS ETHICS AND STUFF, BUT HOW CAN YOU REPRESENT ONE TOWN IF YOU'RE REPRESENTING A BUNCH OF OTHER? HOW CAN THE PARALEGALS HOURLY FEES BE SUCH AS ESTABLISHED BY THE FIRM? YOU BROUGHT THAT UP AT UNKNOWN FEES WITH PALM BEACH COUNTY FIRE RESCUE.

WHY IS IT OKAY HERE AND IT WASN'T THERE? YOU HAVE DOUBLE STANDARDS.

YOU GUYS ARE GIVING HIM A RAISE SO THAT HE CAN SEE THE LITTLE PEOPLE OF JUPITER FOR SPEAKING UP AND WANTING THEIR VOICE TO BE HEARD.

YOUR INTERRUPTION TO HIM WHEN HE WAS TALKING SAYING THAT WASN'T AN AGENDA.

THANKS, SINCE YOU SAID IT PUBLIC I'M GOING TO SAY, WAS PUBLICLY RUDE.

HE WAS TRYING TO SET AN EXAMPLE ABOUT MSTU AND NOT WANT AN AD VALOREM TAXES.

THAT'S ALL I HAVE TO SAY. [APPLAUSE]

>> I WANTED TO START THIS OFF BY SAYING, THIS IS NOT A CHARACTER ASSASSINATION OR DISRESPECT FOR ANYONE OR RENDERED SERVICES.

I'M ALWAYS TRYING TO SPEAK FROM A RESPECTFUL PLACE.

I TRIED TO DO AS MUCH RESEARCH BEFORE I GET UP HERE TO SPEAK ON THINGS.

MY COMMENT IS BASICALLY FOR REFERENCE TO THE PUBLIC AND THE THIRD AMENDMENT READING, THE TOWN AND JONES AND FOSTER AGREEMENT, IT STATES THAT, ''THE TOWN ATTORNEYS LAW FIRM HAS REVISED THE HOURLY RATES CHARGED BY ITS ATTORNEYS TO MUNICIPAL CLIENTS.'' IT GOES ON TO SAY, ''THE INCREASE RATE FOR THE FIRM IS CONSISTENT WITH THE AVERAGE HOURLY RATE CHARGED BY A MAJORITY OF THE LAW FIRMS IN SOUTHEAST FLORIDA.

IN APPRECIATION OF THE LONG-TERM RELATIONSHIP WITH THE TOWN, THE FIRM HAS MAINTAINED AN HOURLY-RATE WHICH IS SUBSTANTIALLY LESS THAN IT CHARGES IT'S PRIVATE SECTION CLIENTS.'' I DID NOT FIND THE CURRENT RATE, BUT I DID PULL UP AN ARTICLE THAT IRONICALLY HIGHLIGHTS CONCERNS FOR CONFLICT OF INTERESTS BACK WHEN THE SAME LAW FIRM REPRESENTED BOTH THE SALE AND PURCHASE OF WHAT I BELIEVE IS A NEW TOWN HALL PROPERTY.

QUESTIONING IF THE TOWN RECEIVED THE BEST PURCHASE PRICE.

I DIGRESS ONLY TO POINT OUT THAT DURING THIS TIME, COUNCIL PROCEEDED TO APPROVE THE MOTION AFTER THE TOWN ATTORNEY ASSURED COUNCIL THAT HIS LAW FIRM WAS NOT ACTING IN CONFLICT OF INTERESTS.

YET COUNSELOR MAY HAVE SAT IN THE DIOCESE ACCUSED OF NOT RECUSING HIMSELF AFTER INTENTIONALLY WRITING THE BOARD OF ETHICS REGARDING A TOPIC THAT DOES NOT AFFECT HIS FINANCIAL GAIN OR STATUS LIKE THAT AT A LAW FIRM.

[00:40:01]

IN THE ARTICLE, IT DOES SAY THAT IN 2017 THE RATE WAS $250 AN HOUR.

THIS MEANS THAT IN SEVEN YEARS HAD THE NEW $400 PER HOUR RATE, IT HAS INCREASED 60%, 80% IF IT'S LITIGATION, WHICH IS A BROAD TERM IN THE CONTRACT.

PALM BEACH COUNTY FIRE RESCUE SEVEN-YEAR PLAN IF AN INCREASE AT 5% PER YEAR FOR ALL THE ADDITIONAL SERVICES MUNICIPAL DEPARTMENTS DO NOT PROVIDE IS ONLY 35%.

I WOULD LIKE TO KNOW WHAT ADDITIONAL SERVICES WILL AND HAS JONES AND FOSTER PROVIDED TO THE TOWN OF JUPITER TO ACCOUNT FOR THIS RAPID SEVEN-YEAR INCREASE, WHICH IS CHARGED TO THE JUPITER TAXPAYERS? SINCE MR. BAIRD ALSO REPRESENTS HUBERT ISLAND AND TOWN OF PALM BEACH, ARE THEY GETTING THE SAME BREAK OR ARE THE WEALTHY RESIDENTS SUBSIDIZING THE BREAK GIVEN TO THE TOWN OF JUPITER.

IF NOT, DOES THIS MEAN THE PRIVATE SECTORS ARE SUBSIDIZING? LASTLY, IS REGARDING THE REASON FOR INCREASE IS TO BE CONSISTENT WITH THE NEIGHBORING FIRM RATES CHARGED TO MUNICIPALITIES.

WE ASK THE COUNTY WHY WE COULDN'T RENEW A SIMILAR RATE AFTER A 10-YEAR CONTRACT EVEN THOUGH A SUBSTANTIAL INCREASE IN INFLATION, CALL-VOLUME, EMPLOYEE COMPENSATION BENEFITS, AND OTHER EXPENSES HAVE GONE UP.

WHY NOT ASK THE SAME OF THE LAW FIRM? WILL WE LOOK FOR ARE CHEAPER FIRM IF THEY WON'T RENEW THE SAME RATE? WHAT IS THE DOLLAR AMOUNT OF SUBSTANTIAL SAVINGS CLAIMED TO BE GIVEN TO THE TOWN THAT IS NOT GIVEN TO OTHERS? ACCORDING TO THE EMAIL SENT TO ALL OF YOU BY THE PREVIOUS COUNSELOR SCHNEIDER, SHE STATES, ''DEEP CONCERN FOR LACK OF REVIEW FOR ATTORNEY BAIRD HOURS, AS WELL AS SUGGESTION FOR A FLAT RATE FOR TOWN COUNCIL MEETINGS.'' THEN I QUESTION, ARE THE BAIRD HOURS ITEMIZED AND POSTED FOR THE PUBLIC VIEWING? THANK YOU. [APPLAUSE] [NOISE]

>> THERE ARE NO MORE COMMENTS.

>> TURNING TO THE DAIS, EACH ITEM WAS PULLED BY SEVERAL MEMBERS OF THE COUNCIL.

I'LL START AT THE END. COUNSELOR 4?

>> YES, I'VE BEEN WARNED TO TURN THIS MICROPHONE ON, SO I'M DOING IT THIS TIME FINALLY, SORRY FOR PAST MEETINGS.

I WANTED TO SPEAK IN FAVOR OF MR. BAIRD.

I'VE WORKED FOR FIVE YEARS NOW, ON PLANNING AND ZONING AND NOW ON THE COUNCIL.

THAT'S A LONG TIME TO GET TO KNOW SOMEBODY.

STRICTLY PROFESSIONAL, NEVER DONE ANYTHING PERSONAL OR OUTSIDE THE FACILITY.

BUT HE'S CONSISTENTLY BEEN ON SPOT WITH THE ISSUES THAT HAVE BEEN IN FRONT OF US.

HE'S ALWAYS HAD THE ANSWERS FOR US.

I'VE GROWN TO RECOGNIZE HIS PERSONAL INTEGRITY AND PREPAREDNESS AS IMPORTANT TO THE TOWN AND I DO WORK AS A FORENSIC ENGINEER PARTLY.

I'VE WORKED WITH QUITE A FEW LAW FIRMS, I HAVE PROBABLY WORKED WITH 200 OR 300 LAW FIRMS IN CENTRAL AND SOUTH FLORIDA.

THAT HOURLY RATE IS BELOW ALL OF THEM FOR PRIVATE INDIVIDUALS.

CLEARLY, THERE'S A DIFFERENT RATE FOR OTHER MUNICIPALITIES, BUT IT'S SIGNIFICANTLY, MAYBE 25% LESS THAN PRIVATE BILLING FOR CUSTOMERS.

I DON'T KNOW THE ANSWER TO HOW BIG A RAISE THIS IS, AND THAT'S A VALID QUESTION.

THE PERIOD THAT WE'RE TALKING ABOUT BEFORE, IT'S A PRETTY LONG SPAN.

BUT I THINK IT IS A VALID QUESTION TO SEE WHAT THE CURRENT RATE IS.

BUT I BELIEVE THE RATE HE'S ASKING FOR IS FAIR.

I THINK IT'S WORTHWHILE FOR THE TOWN.

>> JUST TO ADD SOME TO THE CONVERSATION.

MR. REYNOLDS, CAN YOU COME AND ADDRESS SOME OF THESE ISSUES THESE FOLKS HAD?

>> EXCUSE ME. THANK YOU FOR ASKING.

I DID SEE THE EMAIL THAT WAS REFERENCED.

I WILL TELL YOU AS FAR AS AN INTERNAL REVIEW GOES, NOT ONLY MR. BAIRD'S INVOICES BUT ANY INVOICES THAT COME THROUGH THE TOWN GOES THROUGH MULTIPLE REVIEWS BY THE DEPARTMENTS THAT ARE INITIATING IT.

IN THIS CASE IT'S THE TOWN MANAGER'S OFFICE WHICH IF YOU LOOK AT MR. BAIRD'S BILL, PROBABLY 90% OF HIS BILL HAS TO DO WITH DEALING WITH THE TOWN MANAGER, HIS STAFF DIRECTLY, AND THEN WITHIN THE FINANCE DEPARTMENT AS WELL.

ALSO IT'S INDEPENDENTLY AUDITED EVERY YEAR, SO THERE ARE MULTIPLE CHECKS AND BALANCES.

I'VE ALSO SEEN A CORRESPONDENCE FROM MR. BAIRD ABOUT THE CHECKS AND BALANCES WITHIN HIS OFFICE WHICH SEEMS LEGITIMATE AND MEETS THE REQUIREMENTS OF INTERNAL CONTROLS, SO I FEEL VERY CONFIDENT WITH THE BILLS THAT ARE COMING ACROSS.

IF THERE ARE ANY ADDITIONAL CHARGES THAT ARE COMING ACROSS, MR. BAIRD IN THE TIME THAT I'VE SERVED WITH THE TOWN, IF THERE'S A COURT REPORTER OR ABIDIATION OR SOMETHING ALONG THOSE LINES THAT THERE MAY BE AN ADDITIONAL COST FOR, MR. BAIRD HAS ALWAYS REACHED OUT TO EITHER MYSELF OR THE TOWN MANAGER'S OFFICE TO EXPLAIN THAT THOSE COSTS MAY BE COMING.

[00:45:04]

HE MAY HAVE EVEN WORKED OUT A DEAL WHERE THE OTHER PARTY MAY PAY HALF OF THAT COST AND TO MAKE SURE THAT WE'RE AWARE OF THOSE INVOICES THAT WOULD BE COMING.

SO IT'S NO SURPRISE, I DO SEE OTHER INVOICES COME FROM OTHER ATTORNEYS THAT MR. BAIRD CONSULTS WITH AS OUTSIDE EXPERTS.

WE CURRENTLY HAVE THEM ON STAFF, WE HAVE CURRENT CONTRACTS WITH THEM.

IF THERE'S EVER A QUESTION OF ANYTHING ON THE BILL, I PERSONALLY HAVE PICKED UP THE PHONE, I'VE CALLED MR. BAIRD IF I HAD A QUESTION, I'VE CALLED SOME OF THE OUTSIDE LEGAL FIRMS IF I SAW SOMETHING OR MY STAFF, MY STAFF ALSO REVIEWS IT AS WELL.

I'VE ALSO IN ADDITION WITH MR. BAIRD'S CONTRACT COMING UP FOR RENEWAL THIS EVENING, I DID SOME BENCHMARKING TO OTHER MUNICIPALS BECAUSE WE SHOULD JUST DO THAT OUT OF FAIRNESS.

I COMPARED IT BASED ON BUDGET TO ACTUAL.

BASICALLY WHAT THEY'VE BEEN SPENDING, THEIR HOURLY RATES, COMPARED IT ON A PER CAPITA BASIS AND THEN THE ACTUAL EXPENDITURES.

I'VE DONE THAT AND THE RATE THAT MR. BAIRD IS CURRENTLY ASKING FOR HIS FIRM, I SHOULD'VE SAID THIS MR. BAIRD, HIS FIRM IS FAIR COMPARED TO OTHER SURROUNDING MUNICIPALITIES BASED ON BUDGET TO ACTUAL AND THEN ALSO THE RATE THAT'S BEING REQUESTED BASED ON A PER CAPITA BASIS.

SO I WANTED TO SHARE THAT WITH YOU THIS EVENING AS WELL.

>> THANK YOU.

>> YOU'RE WELCOME.

>> JUST WANT TO ADD. IN MY YEARS HERE, I'VE GOTTEN TO KNOW MR. BAIRD AND, HE'S ALWAYS HELPED GUIDE THE COUNCIL AND ALL HIS ADVICE AND COUNSEL HAS BEEN JUST RIGHT ON THE MONEY.

I'VE NEVER SEEN HIM CONTRADICT HIMSELF, HE'S JUST EXTREMELY PROFESSIONAL.

WHAT I'VE LEARNED OVER THE YEARS IS HE'S BEEN A JUPITER RESIDENT FOR 20 YEARS, HE SERVED AS OUR TOWN ATTORNEY FOR 32 YEARS, HE HELPED NAVIGATE THE TOWN TO THE DEVELOPMENT OF ABACOA AND RIVERWALK.

SETTLED IN ONE, THE HARBOURSIDE LITIGATION LAST YEAR.

HE WAS HEAVILY INVOLVED IN BRINGING SCRIPTS TO TOWN WITHIN LOCAL AGREEMENTS WITH FIVE DIFFERENT TOWNS.

WHAT I'VE ALSO LEARNED, HE LIVES IN TOWN, HE TAKES A LOT OF PRIDE IN HIS WORK.

I DON'T THINK THERE'S ANYBODY I WOULD TRUST MORE TO HAVE REPRESENT THE TOWN THAN MR. BAIRD.

HIS REPUTATIONS IS IMPECCABLE AND HE'S A VERY INTELLIGENT, SOPHISTICATED ATTORNEY, AND HE COMES FROM A LAW FIRM OF 40-PLUS ATTORNEYS AND THEY CARRY A LOT OF CLOUT IN THE AREA AND I THINK WE'RE JUST PRIVILEGED TO HAVE HIM ON BOARD.

WE'VE BEEN GETTING A HOMETOWN DISCOUNT FOR A WHILE I THINK, I THINK $400 AN HOUR IS PRETTY MUCH THE MEDIAN RATE FOR TOWN ATTORNEYS IN OUR AREA.

SO I'M IN FAVOR OF THE CONTRACT.

>> COUNCIL MAY?

>> I AGREE WITH EVERYTHING THAT WAS SAID, I JUST HAVE A CONCERN ABOUT MORE OR LESS SECTION 4A WHICH SAID PARALEGAL FEES SHALL BE BUILT AT HOURLY RATES OF SALVAGE BY THE FIRM.

I JUST WOULD LIKE TO HAVE SEEN A MORE CONCRETE BRICK BEING ESTABLISHED THERE.

I JUST WOULD LIKE TO KNOW AT LEAST WHAT THE RANGES OR RATHER SEE A SET FEE IN THAT BECAUSE IT'S JUST OPEN-ENDED IN MY OPINION.

>> ARE THEY BASED ON CPI, THOSE RATES?

>> NO. PARALEGAL RATES IN THE FIRM ARE BASED ON THE TYPE OF WORK THAT THE PARALEGAL DOES.

FOR EXAMPLE, WE HAVE A LARGE ESTATE PLANNING SECTION, PARALEGALS WORKING IN ESTATE PLANNING.

THE PARALEGAL THAT I USE THE MOST IS A REAL ESTATE PARALEGAL, PER HOURLY RATE I BELIEVE WAS INCREASED FOR THE UPCOMING YEAR TO 220 AN HOUR WHICH SHOWS OR ILLUSTRATES THE DISPARITY BETWEEN ATTORNEYS AND PARALEGALS AND THE PREFERENTIAL RATE THAT HAS ALWAYS BEEN GIVEN TO THE TOWN.

WHERE I'M AT, THE CURRENT RATE IS 275 AN HOUR FOR WHAT I'LL CALL ADMINISTRATIVE WORK.

THE RATE FOR LITIGATION IS CURRENTLY 350.

LITIGATION AS YOU PROBABLY KNOW, INCLUDING CURRENT LITIGATION THAT WE'RE INVOLVED IN INVOLVES A LOT MORE WORK BY THE ATTORNEYS IN TERMS OF THE PREPARATION AND DISCOVERY AND ALL OF THAT, IT'S A VERY INTENSIVE AREA.

THOSE ARE THE RATES AND THE $400 AN HOUR IS

[00:50:05]

THE AVERAGE FOR LAW FIRMS IN SOUTHEAST FLORIDA, IT'S ALSO THE MEDIAN FOR LAW FIRMS IN SOUTHEAST FLORIDA.

THE MEDIAN MEANS THAT HALF OF THE FIRMS GET MORE THAN $400 AN HOUR AND HALF OF THE FIRMS GET LESS THAN $400.

I WOULD SUGGEST TO HEAR THAT THAT BREAKING POINT BETWEEN MORE THAN 400 AND LESS THAN 400 INVOLVES TWO FACTORS.

ONE IS THE SIZE OF THE FIRM AND TWO IS THE QUALITY OF THE FIRM.

>> THANK YOU.

>> THAT'S ALL I GOT.

>> COUNCIL, SUNDSTROM?.

>> I TOOK A DIFFERENT APPROACH WITH THIS.

WHILE I CURRENTLY ENJOY WORKING WITH OUR TOWN ATTORNEY, WE HAVE VERY LIVELY AND HONEST CONVERSATION AROUND NUMBER OF ITEMS. I WOULD SAY THAT, I UNDERSTAND THAT THIS IS A CONTRACT AND THIS IS A VENDOR FOR A CONTRACT, AND THAT'S HOW I WENT ABOUT IT.

I LOOKED AT HOW WE APPROACH ALL CONTRACTS.

DON'T NECESSARILY WANT TO HOLD THIS ANY DIFFERENTLY.

I TALKED EARLIER, WHEN WE SPOKE ABOUT POTENTIALLY DOING AN IN-HOUSE ATTORNEY STRUCTURE THAT WAS BROUGHT BY COUNSELOR SCHNEIDER WHEN SHE WAS ON COUNCIL.

THERE WAS A DISCUSSION ABOUT THE COST INVOLVED, AND IT WAS QUICKLY UNDERSTOOD THAT THAT WAS A MUCH MORE COSTLY ALTERNATIVE.

TALKING TO OTHER PARTNERS, TALKING TO OTHER MUNICIPALITIES, THEY ACTUALLY WOULD CONTRACT OUT TO FIND BETTER QUALITY AT LOWER COST.

THAT CAME TO BEAR.

IN THAT DISCUSSION THOUGH, WHAT I WOULD SEE IN SOME OF THE CONVERSATION HERE, WHAT I WAS TYPICALLY LEARNING WHEN I WAS LEARNING ABOUT THE FIRM AND LEGAL SERVICES IN PALM BEACH COUNTY BECAUSE I'M FRESH EYES ON THIS COUNCIL LEARNING ABOUT LEGAL SERVICES IN PALM BEACH COUNTY, I DIDN'T KNOW MUCH ABOUT IT, AND WHAT I WAS LEARNING ABOUT IT WAS COMING FROM OUR TOWN ATTORNEY.

WHAT I WANTED TO DO IS INDEPENDENTLY VERIFY WHAT I WAS HEARING TO UNDERSTAND BOTH PERFORMANCE AND VALUE.

WHEN I LOOK AT PERFORMANCE, WHAT I SEE IS IN RECENT MEMORY, AND OVER THE YEARS, IS OUR TOWN ATTORNEY HAS SERVED US.

IN SPEAKING WITH HIM AND WITH OTHERS I'VE LEARNED THAT HE HAS SOMETHING LIKE 43 FOLDERS FOR ITEMS THAT HAVE COME BEFORE THE TOWN OR OTHER LEGAL MATTERS.

HE'S ONLY LOST THREE TIMES.

[LAUGHTER] HE DOES AN ENORMOUS SERVICE FOR THIS TOWN.

HE IS VERY SUCCESSFUL IN LITIGATION, THAT'S REALLY IMPORTANT TO THE TOWNS THAT MOVES FORWARD DEFENDING ITS INTERESTS.

ABSOLUTELY SPEAKS TO SERVICE AND QUALITY.

IN TERMS OF COST, I DID INDEPENDENTLY VERIFY COSTS.

I ACTUALLY PULLED LEGAL SERVICES CONTRACTS FROM OTHER MUNICIPALITIES.

I LOOKED AT HOW THEY WERE STRUCTURED.

I LOOKED AT THEIR HOURLY RATES, I LOOKED AT THEIR PER CAPITA RATES.

SO SOME OF WHAT OUR FINANCE DIRECTOR WAS SPEAKING TO, HE AND I HAVE BEEN WORKING ON THAT FOR THE LAST WEEK.

I CAN SAY THAT, I DON'T WANT TO NECESSARILY JUST TAKE THE WORD FROM SOMEONE WITH WHOM WE HAVE A CONTRACT, I WANT TO INDEPENDENTLY VERIFY BOTH COST AND PERFORMANCE.

SINCE I AM ABLE TO DO THAT, I FEEL CONFIDENT MOVING FORWARD, ESPECIALLY NOW BECAUSE OF WHAT WE HAVE GOING ON IN THE TOWN THIS YEAR, I WOULD FEEL UNCOMFORTABLE MAKING ANY KIND OF CHANGE GIVEN ALL THAT'S GOING ON IN THE TOWN, GIVEN THAT JONES FOSTER IS BASED IN JUPITER, KNOWS JUPITER, THE EXPERIENCE.

JONES FOSTER KNOWS OUR STAFF, THEY KNOW HOW TO WORK WITH EACH OTHER. THE CULTURE.

I WOULDN'T WANT ANY KIND OF LEARNING CURVE LIKE THAT, ESPECIALLY WITH SOME OF THE REALLY IMPORTANT ITEMS BEFORE OUR TOWN.

I THINK THAT THE RELATIONSHIP AND THE EXPERIENCE THAT HAVE BEEN FORMED OVER YEARS IS BENEFICIAL TO EVERYONE IN THIS ROOM.

AND FOR THAT REASON, I FULLY SUPPORT OUR TOWN ATTORNEY AND THIS CONTRACT.

>> OKAY. I AGREE WITH ALL THAT'S BEEN SAID BY MY COLLEAGUES.

I THINK WE'VE BEEN WELL-SERVED BY TOWN ATTORNEY BAIRD, AND JUST THE FACT THAT HE HAS SERVED US FOR SO LONG, IT'S VERY EFFICIENT IN GETTING AN ANSWER.

IF ANYONE WERE TO CONSIDER CHANGING, THEN WE GO ASK FOR AN OPINION.

IT WOULD TAKE MANY TIMES, MORE HOURS TO GET TO THAT ANSWER.

THERE'S AN EFFICIENCY FACTOR WHEN YOU HAVE THE CONSISTENCY OF SOMEBODY THAT UNDERSTANDS THE TOWN, THE ISSUES BEFORE IT, THE CODE, THE COMP PLAN, ET CETERA.

[00:55:01]

WITH THAT, I'LL TAKE A MOTION AND A SECOND ON HERE. [OVERLAPPING]

>> MAYOR, WE DID HAVE A CITIZEN WHO TURNED IN A COMMENT CARD WHILE YOU GUYS WERE SPEAKING?

>> OKAY.

>> LINDA MCDERMOTT? [NOISE]

>> HELLO, LINDA MCDERMOTT, CHADWICK DRIVE.

THIS IS ONE THING THAT I DO AGREE WITH ALL OF THEM, MR. BAIRD HAS BEEN HERE A LONG TIME.

I'VE DONE DIFFERENT THINGS WITH THE TOWN.

I DO WORK FOR A MUNICIPALITY, AND IT IS COSTLY TO PAY YOUR ATTORNEYS.

ONE THING THAT'S VERY IMPORTANT IS HISTORICAL KNOWLEDGE AND THE TIME TO KNOW JUPITER. IT MEANS A LOT.

IT'S JUST LIKE YOUR POLICE OFFICERS OR YOUR ACCOUNT MANAGER OR ANYBODY ELSE.

YOU SAVE A LOT OF TIME BECAUSE THEY ALREADY HAVE KNOWLEDGE OF AN ISSUE.

IT MAY OR MAY NOT BE TO THE PUBLIC'S BENEFIT AT WORK OR WHAT SOMEONE APPEARS TO BE, BUT I DO HAVE TO SAY, NO MATTER WHAT DISAGREEMENTS, ISSUES ARE AT HAND, I BELIEVE THAT IS VERY BENEFICIAL TO STAY WITH MR. BAIRD.

I THINK HE HAS SERVED THE CITIZENS WELL, AND THE PRICE IS THE GOING PRICE.

BUT THE HISTORICAL KNOWLEDGE, IT IS WORTH KEEPING SOMEBODY BECAUSE YOU DO SAVE TIME AND EFFORT AND KNOWLEDGE.

I'VE BEEN A 34-YEAR GOVERNMENT PERSON, AND I AM PROUD TO SAY THAT I HAVE SAVED MY CITY A LOT OF TIME BECAUSE OF MY HISTORICAL KNOWLEDGE. I THANK YOU.

>> COUNCIL, TAKE A MOTION AND A SECOND ON AGENDA ITEM 11 PROVEN THE CONTRACT RENEWAL WITH JONES FOSTER.

>> MOTION TO APPROVE.

>> SECOND.

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

>> [OVERLAPPING] AYE.

>> MOTION CARRIES UNANIMOUSLY.

MOVING ON TO PUBLIC HEARING RESOLUTION 61-23 ON SEA GLASS.

[12. Resolution 61-23, - Quasi-Judicial - Seaglass - Approval of a Small Scale Planned Unit Development and Site plan application to construct 23 multi-family residential units.]

FIRST OF ALL, THIS IS QUASI-JUDICIAL.

DOES COUNCIL HAVE ANY EX PARTE DISCLOSURES?

>> NONE.

>> I DO. I HAD A PHONE CONVERSATION WITH MR. HEARING LAST SATURDAY AND I MET WITH MR. HEARING AND THE APPLICANT, MR. HEARING'S OFFICE THIS MORNING.

>> I HAD A MEETING WITH THE APPLICANT A FEW MONTHS AGO, AS WELL AS A MEETING WITH MR. HEARING AND THE APPLICANT MORE RECENTLY.

>> NONE.

>> THIS BEING A QUASI-JUDICIAL HEARING, I ASK THOSE THAT EXPECT THAT THEY MAY GIVE TESTIMONY DURING THE HEARING TO STAND AND BE SWORN IN.

>> DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE HIM HIS HEARING IS THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

>> I DO.

>> I'LL TURN IT OVER TO THE APPLICANT FOR ITS PRESENTATION.

>> GOOD EVENING, MR. MAYOR, COUNCIL MEMBERS.

FIRST, MERRY CHRISTMAS.

IT'S A GREAT TIME OF YEAR.

FOR THE RECORD DONALDSON HEARING, AND I'M HERE TONIGHT ON BEHALF OF RICHBUILT OF JUPITER LLC.

MILES RICH, AS WELL AS HIS FATHER, BOTH HERE IN THE AUDIENCE TODAY.

I'M REALLY EXCITED TO SHARE WITH YOU SOME OF THE UPDATES TO THE PROJECT.

I'M GOING TO FOCUS PREDOMINANTLY ON THE REQUESTS THAT WERE MADE TO THE COUNCIL ON AUGUST 7TH WHEN THIS ITEM WAS LAST BEFORE YOU.

I GOT INVOLVED IN THIS PROJECT BECAUSE IT'S SOMETHING I REALLY BELIEVE IN.

I WORKED WITH MANY, MANY DIFFERENT ORGANIZATIONS TO TRY TO IMPROVE THE QUALITY OF LIFE AND BRING QUALITY HOUSING TO PALM BEACH COUNTY.

THIS IS A PROJECT THAT I REALLY BELIEVE IN AND I THINK YOUR STAFF BELIEVES IN IT.

I THINK IT'S A GOOD DEVELOPMENT AT THE RIGHT LOCATION.

I'LL BE BRIEF JUST TO PROVIDE AN OVERVIEW FOR THOSE WHO MIGHT BE IN THE AUDIENCE AND ARE NOT FAMILIAR.

THE SITE, WHICH IS ON THE SCREEN IS A 2.93 ACRE SITE LOCATED ON THE WEST SIDE OF BUSH ROAD, JUST SOUTH OF TONEY PENNA RIGHT HERE IN THE TOWN OF JUPITER.

ON THE ARIEL, YOU CAN SEE WHERE THE SITE IS.

IT'S LOCATED RIGHT HERE WHERE THE CURSOR IS.

JUST ON THE SOUTH-SIDE OF INDIAN TOWN ROAD THERE AS YOU APPROACH TONEY PENNA.

IT'S SURROUNDED IN AN AREA THAT'S RELATIVELY HIGH DENSITY.

WHAT WE'RE PROPOSING, WHAT THE APPLICANT IS PROPOSING IS ACTUALLY LOWER DENSITY THAN EVERYTHING THAT SURROUNDS IT.

BUT I THINK ONE OF THE MOST IMPORTANT PIECES, I THINK YOU CAN SEE THAT IT FITS SEAMLESSLY INTO THE CONTEXT OF THE NEIGHBORHOOD.

BUT ONE OF THE MOST IMPORTANT FACTORS IS ALSO, IT'S LOCATED IN SUCH A GREAT LOCATION.

IT'S LOCATED IN CLOSE PROXIMITY TO SIX SCHOOLS.

[01:00:02]

FROM EMPLOYMENT, IT'S LOCATED IN CLOSE PROXIMITY TO MAJOR EMPLOYERS BOTH IN THE PARK OF COMMERCE AND THE PENNOCK INDUSTRIAL CENTER, AS WELL AS SOME OF OUR RETAIL CENTERS.

THE APPLICANT IS PROPOSING 23 TOWN HOME UNITS AS A PLANNED UNIT DEVELOPMENT.

THERE ARE THREE BEDROOMS, TWO-AND-A-HALF BATHS AND ABOUT 1,465 SQUARE FEET.

THEY ALL HAVE A TWO CAR GARAGE.

FOR THIS TYPE OF A PRODUCT IN THIS LOCATION, WE THINK IT'S A GOOD MIX.

THE APPLICANT HAS WORKED DILIGENTLY WITH YOUR STAFF TO BRING FORTH A PROJECT THAT, IN MANY WAYS, EXCEEDS A LOT OF WHAT WE TYPICALLY WOULD SEE.

THERE'S 44% GREEN SPACE.

WE TALK SO MUCH ABOUT GREEN SPACE.

THEY'VE DONE A LOT TO PRESERVE AND WORK WITH THE EXISTING TREES THAT ARE ON-SITE.

THEY'VE CREATED A BIOSWALE TO BE ENVIRONMENTALLY FRIENDLY, AND THEY HAVE ACTUALLY FIVE TIMES THE REQUIRED GUEST PARKING.

SO THERE'S 25 GUESTS PARKING SPACES AND ONLY FIVE ARE REQUIRED BY THE CODE.

LET ME GO TO THE LARGER VIEW HERE.

THE ACCESS TO THE SITE IS WELL LAID OUT.

IT'S IMMEDIATELY OPPOSITE THE TIMBER WALK TOWN HOME PROJECT, WHICH WAS BUILT BY SYNTAX MANY YEARS AGO.

THERE'S A SINGLE ACCESS INTO THE SITE.

IT'S NOT GATED. NICE ACCESS.

IT GOES AROUND THE PROPERTY FOR CONSISTENCY.

WE ARE PROPOSING 18 UNITS UNDER THE BASE DENSITY 2.93 * 6, AND WE ARE REQUESTING A PLANNED UNIT DEVELOPMENT.

THIS COUNCIL HAS ASKED FOR US TO CONSIDER ADDITIONAL PUBLIC BENEFIT, WHICH I'LL TALK TO.

BUT IT'S ALSO IMPORTANT TO UNDERSTAND THE BENEFIT OF A PLANNED UNIT DEVELOPMENT ITSELF IN ORDER TO HAVE A PROJECT THAT'S PLANNED WITH INNOVATIVE PLANNING SOLUTIONS, COMES UP WITH A BETTER DESIGN, BETTER ARCHITECTURE.

I THINK THAT YOU SEE THAT WITHIN THE PROJECT THAT'S BEFORE YOU.

WHAT ARE THE CHANGES? THE FIRST IS WORKFORCE HOUSING.

WE'VE HEARD THIS COUNCIL STATE HOW IMPORTANT WORKFORCE HOUSING IS AS AN INITIATIVE.

I KNOW IT'S BEEN A DIFFICULT ISSUE OFTEN TO DELIVER UNDER THE STANDARD CODE, WHICH WOULD REQUIRE 6% OF THE DWELLING UNITS TO BE WORKFORCE HOUSING.

THE APPLICANT WOULD BE REQUIRED ONE DWELLING UNIT.

TONIGHT, WHEN THIS CAME BEFORE YOU ON AUGUST 7TH, THERE WAS ONE WORKFORCE HOUSING UNIT.

WE'RE PROPOSING A SECOND WORKFORCE HOUSING UNIT.

WE RECOGNIZE THAT THE REQUEST IS TO PAY INTO THE PUBLIC HOUSING TRUST FUND.

AS YOU ARE AWARE, THIS PROJECT WHEN IT WENT TO PLANNING AND ZONING INTO THE COUNCIL MANY MONTHS AGO, LAST FEBRUARY, HAD FIVE WORKFORCE HOUSING UNITS AND THERE WERE SOME CONCERNS BY THE PUBLIC ABOUT THAT NUMBER OF WORKFORCE HOUSING UNITS.

WE'VE PROPOSED NOW THE TWO.

ONE REQUIRED BY CODE, AND ONE ADDITIONAL; ADDITIONAL BENEFIT.

WE'RE PROPOSING TO PAY INTO THE TRUST FUND BECAUSE OF THE FACT THAT WE'VE HEARD FROM THE COUNCIL, MANY OF YOU STATING THAT ONE UNIT HERE, TWO UNITS THERE, WOULD BE A BURDEN.

THAT IS THE REASON IF THERE'S A QUESTION WHY WE'RE PAYING INTO THE FUND? IT'S BECAUSE WE'VE HEARD WHAT YOU SAID.

WE'VE TRIED TO LISTEN TO WHAT YOU SAID.

THE SECOND THING THAT WE'RE DOING AND I'LL TALK ABOUT IT A LITTLE BIT MORE IN DETAIL, IS THAT WE HAVE REALLY UPPED OUR GAME IN TERMS OF THE PROPOSED FLORIDA GREEN BUILDING COALITION INITIATIVE THAT WAS PROPOSED.

CERTAINLY HAD HEARD THE CONVERSATION, AND I KNOW THAT MANY FEEL THAT AFFORDED GREEN BUILDING IS JUST A STANDARD PART OF EVERY CODE TODAY.

SOME COMPONENTS OF IT ARE, BUT WE'VE UPDATED FROM SILVER STANDARD TO GOLD STANDARD.

TO THAT, WE'RE ACTUALLY PROPOSING TO ACHIEVE 184 POINTS.

PLATINUM STANDARD IS 191.

WE'RE AT 184 POINTS AND I'LL WALK THROUGH SOME OF WHAT THOSE PIECES ARE AND WHAT SOME OF THOSE BENEFITS ARE AS A PART OF THAT.

ONE OF THE FIRST THINGS, IT DOES INCREASE THE AFFORDABILITY AND OPERATION OF A HOUSING UNIT.

YOU'LL SEE WHEN I SHOW YOU SOME OF THE METRICS THAT WE HAVE.

IT INCREASES INDOOR AIR QUALITY.

SO THE HVAC SYSTEMS THAT ARE PROPOSED AS A PART OF THIS DEVELOPMENT ACTUALLY HAVE A FRESH AIR INTAKE.

I JUST BUILT A BRAND NEW HOUSE.

I DON'T HAVE A FRESH AIR INTAKE.

IT ADDS ADDITIONAL BENEFIT IN TERMS OF AIR QUALITY, DURABILITY AND SUSTAINABILITY, AS WELL AS WATER CONSERVATION.

[01:05:02]

I'LL WALK YOU THROUGH SOME OF THOSE DIFFERENT COMPONENTS BECAUSE I DIDN'T UNDERSTAND.

WE ASKED OUR CONSULTANT AND I ASKED HIM A HUNDRED TIMES, HELP ME UNDERSTAND SO THAT WE CAN QUANTIFY TO A COUNCIL LIKE YOURSELVES WHAT SOME OF THOSE BENEFITS WOULD BE.

HERE'S THE 184 POINTS.

FIRST OF ALL, WE HAVE 100% LED LIGHTING THAT WILL BE UTILIZED THROUGHOUT THE ENTIRE PROJECT.

THE SECOND PIECE, WHICH I THINK IS ONE OF THE ONES THAT'S MOST COMPELLING TO ME AND PERHAPS TO COMMISSIONER 4 IS 100% OF EVERY SINGLE GARAGE THAT WE'RE HAVING WILL HAVE ITS OWN ELECTRICAL CHARGING STATION BUILT INTO IT.

ALL THE 220 WOULD BE BUILT INTO EVERY SINGLE GARAGE.

ALL YOU HAVE TO DO IS LITERALLY PLUG INTO THAT UNIT WHEN YOU'RE THERE.

WE'RE PROPOSING LOW USE FAUCETS AND WATER FEATURES.

I'LL SHOW YOU SOME OF THOSE PROVISIONS.

VERY HIGH INSULATION FABRICS INTO THE SYSTEM, AS WELL AS WINDOW SYSTEMS THAT HAVE VERY LOW UV INTO THE WINDOWS SYSTEMS THEMSELVES.

JUST AS A STANDARD FOR YOU, A TYPICAL WINDOW WOULD HAVE WHAT THEY CALL A SOLAR HEAT GAIN COEFFICIENT, [INAUDIBLE] MIGHT BE AWARE OF THIS, OF A 0.25.

WHAT WE'RE PROPOSING IS A 1.25.

SO THE HEAT GAIN THROUGH THE WINDOW, AND I PUT IN A TRADITIONAL WINDOW, IS 75% BETTER IN WHAT IS PROPOSED BY THE APPLICANT AS A PART OF THE FLORIDA GREEN BUILDING GOLD THAN WHAT A TRADITIONAL HOME.

IN FRONT OF ONE OF THESE WINDOWS, IF YOU WERE TO STAND AND THE SUN IS SHINING IN, YOU PROBABLY WOULDN'T FEEL THE HEAT OR THE RAY OF THE SUN COMING THROUGH THE WINDOW.

THAT'S BECAUSE OF THE GASES AND THE VARIOUS FILMS THAT ARE PUT ONTO THE WINDOWS.

IN A TRADITIONAL WINDOW AT A 0.25, YOU CAN FEEL THAT SUN JUST FINE.

WHAT DOES THAT LEAD TO? A REDUCTION IN ENERGY COSTS.

YOUR AIR CONDITIONING SYSTEM, WHICH IS ALREADY A HIGH SER, WHICH A LOT OF PEOPLE DO ANYWAY, WILL HAVE TO RUN SIGNIFICANTLY LESS.

IT WORKS OUT TO BE ABOUT A 40% REDUCTION IN WATER SAVINGS OVERALL.

A BATHROOM FAUCET WOULD USE ONE GALLON PER MINUTE VERSUS TWO GALLONS PER MINUTE.

WHEN I WAS GROWING UP, OUR DAUGHTERS DIDN'T DO VERY GOOD TURNING OFF THAT WATER.

THOSE NUMBERS ADD UP PRETTY QUICK.

SHOWERS ARE LESS, TOILETS ARE LESS.

THERE'S A SIGNIFICANT BENEFIT THERE AND IT'S ABOUT 40%, 75% IN THE WINDOWS.

THE THERMAL INSULATION IS AN R FACTOR OF 5.1.

SO AN R FACTOR OF 5.1, THE INDUSTRY STANDARD IS GENERALLY ABOUT AN R FACTOR OF 2.5 OR 3.

THAT RESULTS IN ABOUT A 50% IMPROVEMENT.

ALL OF THIS JUST LEADS TO BETTER SUSTAINABILITY.

IN ADDITION, THERE ARE OTHER ELEMENTS SUCH AS THE LIGHT ROOFS AND THE NATIVE LANDSCAPING, THE LOW IMPACT LANDSCAPE, WHICH REQUIRES LESS WATER, PRESERVATION OF TREES.

ALL OF THAT ADDS UP TO A BIGGER PICTURE TO PROVIDE A BENEFIT OF WHAT WE THINK JUPITER STANDS FOR.

WE'VE GONE TO GOLD WITH OTHER SUSTAINABLE IMPROVEMENTS TO THE SITE PLAN.

IF YOU'VE HAD AN OPPORTUNITY TO REVIEW THE SITE PLAN, WE'RE PROPOSING A MEANDERING SIDEWALK ALONG BUSH ROAD.

WE'RE GOING TO REMOVE THE EXISTING SIDEWALK INTO A NICE WIDE, MEANDERING SIDEWALK SEPARATED FROM THE CODE WITH LANDSCAPING ON EITHER SIDE OF IT.

BICYCLE STATIONS.

IF I WAS RIDING MY BIKE AND I NEED TO PUT AIR IN MY TIRE, I COULD PUT AIR IN MY TIRE. SEATING AREAS.

JUST SOMETHING TO REINFORCE THE WALKABILITY AND TO IMPROVE THE OVERALL NEIGHBORHOOD.

YOU ASKED US TO COME BACK WITH ADDITIONAL BENEFIT.

I THINK THAT WE'VE DONE THAT.

WITH THE UPGRADE AND WHAT WE'RE PROPOSING FROM A GREEN STANDARD AS WELL AS THE ADDITIONAL WORKFORCE HOUSING UNIT THAT WE'RE PROPOSING, AS WELL AS THE SITE PLAN IMPROVEMENTS.

THE SITE PLAN IMPROVEMENTS TECHNICALLY ARE NOT SUBSTANTIAL PUBLIC BENEFIT, BUT THEY ARE A PART OF THAT PUD PACKAGE.

WE'RE HOPEFUL THAT THIS IS SOMETHING THAT YOU CAN SUPPORT TONIGHT.

I THINK THAT THIS IS AN EXCEPTIONAL PROJECT, AND I THINK IT'S IN THE RIGHT LOCATION.

CLOSE TO SCHOOLS, EMPLOYMENT CENTERS.

THE LACK OF HOUSING SUPPLY THAT'S IN THE TOWN TODAY IS LEADING TO INCREASED COSTS, AND IT DOES IMPACT OUR AREA EMPLOYERS THAT WORK HARD TO EMPLOY AND RECRUIT AND RETAIN PEOPLE MOVING INTO THE AREA.

[01:10:03]

HAVING THAT, AND THIS IS AT THE RIGHT LOCATION.

WE THINK THAT IT WILL ACTUALLY BENEFIT THE OVERALL COMMUNITY.

I THINK I'VE TOLD SOME OF YOU.

DON'T APPROVE THIS FOR THE DEVELOPER.

I THINK HE'S DONE A GOOD JOB.

MAYBE HE MADE A FEW MISTAKES ALONG THE WAY, BUT I THINK HE'S DONE A VERY GOOD JOB.

APPROVE THIS FOR ALL THE EMPLOYERS IN TOWN, APPROVE THIS FOR THE TOWN OF JUPITER.

THIS IS RIGHT LOCATION, AND WE TRIED TO ACTIVELY LISTEN TO WHAT YOU ASKED FOR, AND I HOPE YOU'RE PLEASED THAT WE BOUGHT BACK THAT ADDITIONAL BENEFIT, AND THAT THE PROJECT MEETS YOUR STANDARD FOR APPROVAL.

WITH THAT I'LL RETAIN THE REMAINING TWO MINUTES AND 25 SECONDS, AND HAPPY TO ANSWER ANY QUESTIONS AS WELL AS MR. RICHARDS HERE, HE'S HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE AS WELL.

[BACKGROUND]

>> GOOD EVENING COUNCIL, PETER MYER, FOR THE RECORD, SENIOR PLANNER AND STAFF.

I'LL KEEP IT A LITTLE BRIEF AS DON DID A GOOD JOB OF PRESENTING ALL OF THESE IDEAS AND CHANGES.

BUT ON AUGUST 3RD, TOWN COUNCIL CONSIDERED A SMALL-SCALE PUD AND SITE PLAN APPLICATION FOR THE 23 RENTAL TOWNHOUSE UNITS.

[INAUDIBLE] THE ITEM WAS POSTPONED TO ALLOW THE APPLICANT THE ABILITY TO ADDRESS CONCERNS RAISED WITH PUBLIC BENEFIT NOT BEING SUBSTANTIAL.

SINCE THEN, THE TOWN COUNCIL MEETING AND THE APPLICANT HAS EITHER PROPOSED, PUBLIC BENEFITS TO PROVIDE TWO OF THE SIX DEFINED PUBLIC BENEFITS LISTED IN SECTION 27-1709B BY ADDING A WORKFORCE HOUSING PUBLIC BENEFIT, ADDITION TO UPGRADE AND AGREE AND BUILDING DESIGNED FOR PUBLIC BENEFIT FROM SILVER TO GOLD.

I WON'T GO INTO DETAIL OF WHAT WAS CHANGED, BUT ONE OF THE THINGS THAT DON HAD MENTIONED WAS, IN THE RESOLUTION YOU'VE SEEN BEFORE, THERE WAS A CONDITION FORESEE THAT THE STAFF RECOMMENDED SOME ITEMS TO BE ADDED TO THE CHECKLISTS FOR THE GREEN BUILDING, THAT THE APPLICANT DIDN'T INCORPORATE INTO THE REVISED CHECKLIST THAT WERE FOCUSING ON ENHANCING GREEN SPACE.

I WILL SIT IN A MINUTE AND GIVE TIME FOR REBUTTAL. THANK YOU.

>> COULD YOU TURN THE SCREEN OFF? THANK YOU.

WITH THAT, I GO TO COUNCIL FOR ANY QUESTIONS.

I HAVE A COUPLE FOR STAFF AND IT'S GOING TO RELATE TO THE CODE AND THE COMP PLAN.

I'LL JUST PREFACE THIS, IT'S A VERY NICE PROJECT.

I DON'T HAVE ANY ISSUES WITH THE PROJECT AND THE QUALITY OF IT.

IT'S PROVIDING RENTAL UNITS, THE QUALITY.

I SEE A LOT OF THE QUALITY WILL RESULT AND PROBABLY LEAD TO HIGHER RENT DEMANDS.

THAT'S WHAT YOU SPEND THE MARKET IS GOING TO, AND WE'VE TALKING ABOUT WORKFORCE HOUSING UNITS AND WE REALLY HAVE A SIGNIFICANT SHORTFALL.

THAT'S WHERE MY LINE OF QUESTIONS, JUST TO CONFIRM FROM THAT CODE.

FIRST OF ALL, IN THE STAFF DID REFERENCE THE CODE SECTION 27-1713(3), WHICH TALKS ABOUT RESIDENTIAL DENSITY BONUSES.

FIRST OF ALL, THAT SECTION, AND I HAVE A COPY IN FRONT OF ME HERE HOPEFULLY IS THE LATEST.

''RESIDENTIAL DENSITY BONUSES MAY BE APPROVED BY THE TOWN COUNCIL PROVIDED WE DETERMINED THAT IT WILL RECEIVE A SUBSTANTIAL PUBLIC BENEFIT INCREASE.'' IS THAT CORRECT? THEN, UNDER B, IN IT TALKS ABOUT, ''APPLICANTS FOR SMALL SCALE PLANNED UNIT DEVELOPMENT DISTRICT SHALL DEMONSTRATE THAT DEVELOPMENT PROVIDES PUBLIC BENEFITS BY MEETING ONE OR MORE OF THE FOLLOWING.'' AND UNDER 3, IT SAYS, ''PROVIDE WORKFORCE HOUSING UNITS WHICH EXCEED THE NUMBER OF UNITS REQUIRED TO IMPLEMENT POLICY 1.2.11 OF THE HOUSING ELEMENT OF COMPLAINT, CORRECT? I'M JUST WALKING. THEN, WHEN I GO TO THE COMP PLAN, HOUSING ELEMENT, POLICY 1.2.11 UNDER DENSITY BONUS INCENTIVES, ITEM 1, THAT'S A1, I DON'T KNOW, DO YOU HAVE THAT?

[01:15:10]

THE HOUSING ELEMENT POLICY, 1.2.11, WHICH WAS WHAT WAS REFERENCED IN THE CODE. WE HAVE THAT?

>> YES.

>> A1, DENSITY BONUS INCENTIVES.

IT SAYS, "A DENSITY BONUS OF 30% OF THE BASE DENSITY REAL RESIDENTIAL LAND USE CATEGORIES PROVIDED 40% OF THE DENSITY BONUS UNITS ARE DEVELOPED AS WORKFORCE HOUSING." DOES THAT MEAN THAT 40% OF THE FIVE BONUS UNITS SHOULD BE WORKFORCE HOUSING?

>> NO. I'M SORRY, JOHN STICKLER FOR THE RECORD, DIRECTOR OF PLANNING AND ZONING.

THAT'S THE INCENTIVE PROGRAM THAT'S IN THE COMPREHENSIVE PLAN AND REFERENCED IN THE CODE AND THE WORKFORCE HOUSING PROGRAM, THAT THEY'VE CAME IN WITH THEIR FIRST APPLICATION, WHICH WAS DENIED.

>> BUT IT IS REFERENCED UNDER THE SMALL-SCALE PLANNED UNIT DEVELOPMENT SECTION AS THE PUBLIC BENEFITS FOR PROVIDING INCREASED DENSITY.

>> [INAUDIBLE]

>> I UNDERSTAND, BY THE WAY, WE COULD CHOOSE TO TAKE ONE OR EACH HAS ONE OR MORE.

BUT I'M PRETTY FOCUSED ON IF WE'RE GOING TO GIVE BONUS UNITS, SHOULD WE OUGHT TO BE GETTING WORKFORCE HOUSING OUT OF IT.

BUT TELL ME WHY THAT ISN'T.

IT SEEMS TO BE REFERENCED WHEN I WALKED IT TO THE CODE. THE CODE FOR JOHN, FOR SMALL-SCALE PLAN UNIT DEVELOPMENTS LEADS ME TO THIS SECTION, THIS POLICY.

>> YOU'RE REFERRING TO PARAGRAPH 3 OF SECTION 27-1713?

>> 27-173B AND THEN NUMBER 3 BELOW IT.

>> WAIT, 3B I DON'T.

>> 3B TALKS ABOUT SPECIFIC TO SMALL SCALE UNIT DEVELOPMENT.

>> [NOISE] I DON'T SEE A B. THE CODE FOR 27-1713 HAS FOUR SUB-PARAGRAPHS, 1, 2, 3 AND 4, AND THERE'S NO PARAGRAPHS BEYOND THAT.

>> WHAT I HAPPEN TO HAVE XEROX OF THE PAGE, SO I'M ASSUMING THEY WERE IN A ROW WHEN I MADE THE XEROX COPY.

>> IF YOU ARE REFERRING TO PARAGRAPH 3 IT SAYS, WELL FIRST OF ALL, LET'S START WITH PARAGRAPH 1 OF THAT SECTION, AND IT SAYS THAT THE TOWN COUNCIL MAY ALLOW A DENSITY BONUS UP TO TWO UNITS PER ACRE ABOVE THE DENSITY PERMITTED IN THE ZONING AND THE RESIDENTIAL OR MIXED-USE ZONING DISTRICTS CONSISTENT WITH THE COMPREHENSIVE PLAN.

IF AN APPLICANT PROPOSES A DENSITY BONUS THROUGH THIS SUB-SECTION, THEY SHALL NOT BE ELIGIBLE TO RECEIVE THE DENSITY INCREASES SPECIFIED IN SUB-SECTION D BELOW.

THAT LOOKS LIKE ANOTHER CODIFICATION ISSUE FROM THE UNICODE, BUT THAT'S THE SECTION THEY'RE FALLING UNDER, IS THE TWO ADDITIONAL UNITS AS PART OF A PUD.

PARAGRAPH 3 RELATES TO ADDITIONAL DENSITY BONUSES, MAYBE A PROOF OR SMALL-SCALE PUD.

RESIDENTIAL OR MIXED USE ZONING DISTRICTS AND THEN WITHIN THEIR OWN VILLAGE IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN.

SPECIFICALLY POLICIES 1.2.11 AND 13, AND THE LAND DEVELOPMENT REGULATIONS PROVIDED THE TOTAL DENSITY DOES NOT EXCEED 15 UNITS PER ACRE.

IS THAT THE LANGUAGE THAT YOU'RE REFERRING TO?

>> CAN YOU REPEAT THAT?

>> PARAGRAPH 3 SAYS ADDITIONAL DENSITY, RESIDENTIAL DENSITY MAY BE APPROVED FOR A SMALL-SCALE PUD IN RESIDENTIAL OR MIXED USE ZONING DISTRICTS.

[OVERLAPPING]

>> BECAUSE I HAVE A XEROX SO THEN SUBSECTION B UNDER THAT, AS APPLICANTS FOR SMALL-SCALE DEVELOPMENTS, SHALL DEMONSTRATE THAT THE DEVELOPMENT PROVIDES PUBLIC BENEFITS BY MEETING ONE OR MORE OF THE FOLLOWING.

>> MAY I ASK A CLARIFYING QUESTION? SORRY. BECAUSE I'M TRYING TO FOLLOW IT AS WELL. THE FIVE UNITS.

WE'VE BEEN TALKING ABOUT THIS SINCE JANUARY, THE FIRST APPLICATION THAT WAS DENIED DID PROPOSE FIVE BUILT WORKFORCE HOUSING UNITS.

THIS APPLICATION PROVIDES FOR FIVE BONUS UNITS.

ARE WE CONFUSING THEM?

>> PERHAPS.

>> IS THAT A QUESTION?

>> NO, I UNDERSTAND THEY SCALED BACK.

>> OKAY.

[01:20:01]

>> BUT SMALL-SCALE DEVELOPMENT IS SOMETHING THAT'S DISCRETIONARY TO COUNCIL.

WE MAY, DEPENDING UPON THE PUBLIC BENEFITS, AND WE ALL MAY HAVE DIFFERENT OPINIONS ABOUT WHAT THOSE PUBLIC BENEFITS SHOULD BE.

I STATED WHEN IT CAME BEFORE US AND WANTED TO BE CONSISTENT UPON THAT.

WE HAVE AN ISSUE WITH WORKFORCE HOUSING.

APPLICANT STATES WOW THIS PROJECT IS REALLY GOING TO HELP THEM WORK FORCE.

I KNOW IT'S GOING TO BE HIGH RENT UNITS.

IT'S GOOD-QUALITY UNITS DON'T GET ME WRONG, BUT IT'S REALLY NOT PROVIDING WORKFORCE HOUSING UNITS.

FOR ME TO GO IN FORTH, I'M GOING TO BE PRETTY HARD LINE ABOUT, I'M GOING TO EXPECT IF WE'RE GOING TO GIVE EXTRA BONUS UNITS, WHETHER IT'D BE THE FIRST TWO UNITS AN ACRE, OR ANYTHING BEYOND THAT, THAT THE PUBLIC BENEFITS GOT TO BE WORKFORCE HOUSING.

I WAS SEEING A CONNECTION HERE REFERENCED THAT DREW ME DIRECTLY TO THE COMP PLAN BECAUSE IT WAS UNDER THIS SECTION THAT I'M READING HERE THAT SAYS, OF THE BENEFITS, THAT SAYS ONE OR MORE.

BUT I WAS READING THREE WHICH SAYS DRAWS MANY WORKFORCE CHALLENGES, WHICH EXCEED THE NUMBER OF UNITS REQUIRED TO IMPLEMENT POLICY 1.2.11.

THEN, WHEN IT GO THERE, IT TALKS ABOUT, FIRST OF ALL, A DENSITY BONUS OF 30% OF THE BASE DENSITY, AND THEN 40% OF THE DENSITY BONUS.

I'M JUST REFERRING TO THE TWO UNITS IN ACRE OR A BONUS FROM THE PEAK SMALL-SCALE PUD.

TO ME, WE ALL CAN HAVE DIFFERENT OPINIONS ABOUT WHAT THAT SAYS, BUT IT STILL HAS MY DISCRETIONARY RIGHT AS A COUNCIL MEMBER TO SUGGEST THAT TO ME, THAT'S THE PUBLIC BENEFIT I'M LOOKING FOR BEFORE I'M GOING TO GRANT MORE DENSITY.

BECAUSE WHEN WE EVER GOING TO TRY TO TURN THE NEEDLE AND START CATCHING UP? THEY ARE ENTITLED TO THE 18 UNITS BUT TO GIVE A DENSITY BONUS OF FIVE AND GET ONE ISN'T MAKING ENOUGH GAIN.

I WAS JUST TRYING TO DISCUSS IT WITH STAFF AND MAKE SURE IN DOING SO, BOTH THE PUBLIC AND MY COLLEAGUES UNDERSTAND, WHAT I'M REFERENCING BECAUSE THIS IS GOING TO BE CONSISTENT WITH ANY ASK I GET FOR DENSITY BONUS.

WE'RE SO FAR BEHIND IN WORKFORCE HOUSING.

THEN, IT'S A POLICY ISSUE WHETHER WE TAKE THE MONEY OR ASKS THE UNITS EARLIER WHEN IT WAS THE BIGGER PROJECT.

I APPRECIATE IT WITH SCALED BACK BECAUSE WE DIDN'T AGREE TO IT.

BUT WHEN IT WAS A BIGGER PROJECT, THE UNITS I THINK WERE GOING TO BE RENTAL UNITS AND PROVIDED, AND THAT'S A POLICY DECISION.

WHETHER WE PREFER THE RENTAL UNITS TO BE PROVIDED THAT OR WE TAKE THE MONEY THAT WE DON'T KNOW WHAT WE'RE GOING TO DO WITH SO I'D RATHER SEE REAL UNITS AVAILABLE.

>> THIS HAS BEEN A VERY DIFFICULT ITEM FOR ME.

WE'VE BEEN DISCUSSING IT IN ONE FORM OR ANOTHER SINCE JANUARY.

WE'RE NOW FINISHING THE YEAR WITH A DIFFERENT ITERATION OF IT, AND THAT LEADS TO A POLICY DISCUSSION THAT WE'LL HAVE NEXT YEAR.

[NOISE] THERE ARE TWO APPLICATIONS.

THE FIRST ONE WAS DENIED.

IT'S IMPORTANT TO UNDERSTAND THE HISTORY AND CONTEXT FOR THE APPLICATIONS.

THE FIRST APPLICATION WAS 35 UNITS.

IT DID HAVE FIVE BUILT WORKFORCE HOUSING UNITS AS PART OF THAT APPLICATION.

THE UNITS WERE SMALLER, AND THERE WAS A DISCUSSION ABOUT WORKFORCE HOUSING THERE, WHERE IT WAS UNDERSTOOD OR EXPLAINED THAT YOU NEEDED SOMETHING LIKE 1.75 MARKET RATE UNITS TO HELP PAY FOR ONE WORKFORCE UNIT BECAUSE OTHERWISE IT DOESN'T BECOME A FEASIBLE PROJECT.

JOHN, COULD YOU SPEAK TO JUST THE TRADE-OFF OR CAN PLANNING AND ZONING HELP THE PUBLIC UNDERSTAND WHAT WORKFORCE HOUSING IS? HOW A PROJECT NEEDS SOME TYPE OF SUBSIDY OR SOMETHING TO MAKE IT FEASIBLE.

CAN YOU EXPLAIN THIS TO US?

>> WE HAVE A WORKFORCE HOUSING MANDATORY REQUIREMENT FOR ANY PROPERTIES THAT DEVELOP WITH RESIDENTIAL WITH TEN UNITS OR MORE, THEY'RE SUBJECT TO PROVIDING 6% OF THE UNITS SO THEY PROPOSE AS WORKFORCE HOUSING.

THAT'S WHERE THE ONE WORKFORCE HOUSING THAT'S REQUIRED FOR THIS DEVELOPMENT COMES FROM.

>> THE BASE.

>> THE BASE.

>> THERE'S A BUYOUT OR PAYOUT OPTION, PAY A FEE IN LIEU THAT CAN BE PAID, AND [NOISE] THAT'S THE $150,000.

THAT 6% WAS WAS TAKEN FROM AND FOLLOWED BY PALM BEACH COUNTY'S EXAMPLE.

[01:25:07]

THAT GOES BACK PROBABLY 10 YEARS OR SO.

THAT WAS DEBATED, NEGOTIATED, AND DETERMINED TO BE AN ACCEPTABLE AMOUNT THAT THE HOME BUILDERS COULD LIVE WITH, SUBSIDIZING WHEN THEY BUILD RESIDENTIAL PROJECTS WITHIN THE COUNTY.

THAT WAS HIGHLY VETTED BY A VERY ACTIVE HOME BUILDERS ORGANIZATION IN THE COUNTY, WHICH HAS MUCH MORE VACANT LAND THAN THE TOWN.

WE DIDN'T DRAW AS MUCH ATTENTION WHEN WE DID OUR WORKFORCE HOUSING PROGRAM BECAUSE THERE WASN'T AS MUCH AT STAKE FOR THE HOME BUILDERS.

THAT WAS A RECOGNITION THAT WE HAD DURING THE TIME OF THAT PROCESS.

BUT WE FOLLOWED THEIR EXAMPLE AND THE HARD WORK THEY DID COMING UP WITH THAT PERCENTAGE.

ANYTHING BEYOND THAT IS SUBJECT TO AN INCENTIVE PROGRAM.

THE WAY THAT INCENTIVE PROGRAM WAS DESIGNED AND WE HAD ONE FOR MANY YEARS, PROBABLY 20 YEARS OR SO, THAT WAS NEVER USED.

BECAUSE ESSENTIALLY THE INCENTIVE WASN'T STRONG ENOUGH TO INCENTIVIZE A BUILDER TO GO FOR THE ADDITIONAL DENSITY TO PROVIDE A LIMITED PERCENTAGE OF THAT ADDITIONAL DENSITY AS WORKFORCE HOUSING.

YOU CAN SEE YOUR POINT IN REFERENCING THE 1.75 AND I CAN'T STAND HERE AND SAY THAT'S THE MOST ACCURATE NUMBER AT THIS POINT IN TIME.

BUT IT TAKES A NUMBER OF MARKET RATE UNITS TO BE ABLE TO SUBSIDIZE THE WORKFORCE HOUSING UNITS THAT ARE PROPOSED ON A PROJECT WHEN THERE ISN'T ANY GOVERNMENT SUBSIDY BEING GIVEN TO THE PROJECT.

IT TAKES MARKET RATE UNITS TO SUPPORT THE SUBSIDY THAT A LANDOWNER IS GOING TO HAVE TO PROVIDE, OR A DEVELOPMENT OF RENTAL HOUSING IS GOING TO HAVE TO PROVIDE, TO BALANCE THE COST THAT THEY'RE INCURRING TO PAY DOWN THE RENT TO MEET THE WORKFORCE HOUSING LEVELS.

THAT'S WHY YOU SEE IN THE COMP PLAN THOSE PERCENTAGES, IF YOU CAN GET A DENSITY BONUS OF 30% OF THE BASE DENSITY.

IF YOU PROVIDE 40% OF THOSE BONUS UNITS AS WORKFORCE HOUSING, AND THEN IT GOES UP HIGHER, UP TO 100% INCREASE IN THE DENSITY BONUS IF YOU PROVIDE AT LEAST 50% OF THAT BONUS UNITS AS WORKFORCE HOUSING SO IT'S TWO-TO-ONE IN THAT CASE.

THEN, THERE'S OTHER CRITERIA AND THE COMP PLAN RELATED TO LOCATIONAL CRITERIA THAT IT'S IN CONTEXT WITH HIGHER DENSITY, RESIDENTIAL, NOT NECESSARILY THE SAME AMOUNT OF DENSITY, BUT SOME LEVEL OF COMPATIBILITY.

THEN IT ALSO BE WITHIN LOCATIONS WHERE ACTUALLY THERE'S ONE OR MORE OF THESE CRITERIA HAVE TO BE MET.

YOU HAVE TO DO AT LEAST 50% OF THE BONUS UNITS.

YOU HAVE TO HAVE A DESIGNATION FOR A MAXIMUM DENSITY OF SIX UNITS PER ACRE ON THE PROPERTY, OR YOU HAVE TO BE LOCATED WITHIN A HALF-MILE OF A DESIGNATED TRY RAIL STATION OR YOU HAVE TO BE IN A AREA DESIGNATED IT AS A REDEVELOPMENT OVERLAY AREA.

>> OKAY. THANK YOU.

THE FIRST APPLICATION FAILED BECAUSE OF THE LOCATION OF BUSH ROAD AND THE TRAFFIC, A LOT OF THROUGH TRAFFIC GOES THERE FROM TONEY PENNA UP, IT'S BEHIND WALMART.

EVERYONE KNOWS IT, EVERYONE USES IT IF THEY CAN TO AVOID INDIAN TOWN ROAD, I SEE A LOT OF NODDING HEADS.

GIVEN THAT TRAFFIC, GIVEN ITS CONTEXT, GIVEN THE LOCATION AND GIVEN THE DENSITY OF 35 UNITS, THAT WAS A LOT OF UNITS FOR THAT AREA.

RESIDENTS WERE NOT COMFORTABLE AND CAME TO THE MEETING AND SPOKE TO THE DENSITY AND THE TRAFFIC, AND IT FAILED.

THIS SECOND DIFFERENT APPLICATION THAT WE'RE LOOKING AT THE MERITS OF IS GREATLY REDUCED IN SCALE.

IT'S GONE FROM 35-23 UNITS.

IN ORDER TO REDUCE THE NUMBER OF UNITS, BECAUSE DENSITY AND TRAFFIC, EACH UNIT GENERATES A CERTAIN AMOUNT OF TRAFFIC.

BECAUSE THAT WAS THE CONCERN IN THAT LOCATION AND BECAUSE COUNCIL HAD SAID OR SOME OF COUNCIL HAD SAID ONE HERE, TWO THERE, IS NOT HELPFUL TO US.

OUR STAFF HAVE TO MANAGE WORKFORCE HOUSING PROGRAMS. EVERY TIME YOU HAVE A UNIT AND A DEVELOPMENT, THAT'S A DIFFERENT PROPERTY OWNER IN A DIFFERENT DEVELOPMENT, YOU HAVE TO MANAGE WITH AND THAT CAN BURDEN OUR STAFF.

WE'RE LEARNING THAT ON OTHER PROJECTS.

THE LESSONS I'M LEARNING FROM THIS ARE, THEY ARE LISTENING.

I SAW THE APPLICANT HAD ZOOM MEETINGS WITH RESIDENTS.

THAT'S UNUSUAL.

THAT'S NOT SOMETHING WE SEE EVERY DAY.

HIS WORK TO TRY TO SPEAK WITH RESIDENTS THAT REDUCING THE DENSITY BY SO MUCH FOR THAT CONTEXT,

[01:30:05]

THAT LOCATION TO BE THE SECOND LOWEST DENSITY DEVELOPMENT IN THE AREA, I THINK IS APPRECIATED.

THE QUESTION IS, DOES IT PROVIDE ENOUGH PUBLIC BENEFIT? I THINK THE QUESTION THAT I HEAR FROM THE MAYOR IS, ARE WE GETTING A GOOD DEAL ON WORKFORCE HOUSING? BECAUSE THAT'S REALLY IMPORTANT.

HERE THE WORKFORCE HOUSING BENEFIT HAS TO BE A PAYMENT INTO THE HOUSING TRUST FUND.

OTHERWISE, YOU'RE HAVING MARKET RATE UNITS SUBSIDIZE THE WORKFORCE HOUSING UNITS ADDING TO DENSITY THAT RESIDENTS AND COUNSEL HAVE EXPRESSED THAT THEY DON'T WANT THERE.

IT'S THE ONLY OPTION.

PERFECT ISN'T ON THE MENU.

WE'RE TRYING TO COME UP WITH THE BEST, HIGHEST QUALITY ANSWER FOR THIS CONTEXT THAT WE CAN AND ADDRESS WORKFORCE HOUSING.

WE DO HAVE A ROUNDTABLE COMING UP ON WORKFORCE HOUSING AND WHAT TO DO WITH IT.

I'M ENCOURAGED BY THE FACT THAT THE APPLICANT DOUBLED THE WORKFORCE HOUSING CONTRIBUTION.

THAT'S NOT NECESSARILY RIGHT.

IT WAS 150,000 FOR THE REQUIREMENT SO 150,000 WAS REQUIRED.

THEN, THEY WENT FOR A SECOND BONUS ITEM BECAUSE YOU ONLY HAVE SIX OPTIONS IF YOU WANT A BONUS ON A SMALL-SCALE PUD.

>> THERE ARE SIX DEFINED PUBLIC BENEFITS, BUT IT'S NOT A LARGE-SCALE PUD.

>> IT'S NOT LIKE YOU HAVE ALL THE OPTIONS IN THE WORLD FOR PUBLIC BENEFITS, AND AS CREATIVE AS THE LARGE-SCALE PUD.

FOR SMALL-SCALE, YOU HAVE A MENU OF SIX OPTIONS.

IF YOU PROVIDE PUBLIC BENEFIT ON THIS MENU OF SIX OPTIONS, AND IF IT'S ENOUGH, IF IT'S SUBSTANTIAL THAN, COUNCIL MAY BE SUPPORTIVE.

THE PREVIOUS APPLICATION, WE SAW THIS LAST IN AUGUST, WE CONTINUED IT, HAD SILVER FOR GREEN BUILDING.

NOW THEY'RE GOING FOR GOLD.

WE LEARNED A LOT ABOUT THAT.

NOW WORKFORCE HOUSING IS A SECOND.

SOME OF THE FEEDBACK THAT CAME BACK IN THAT AUGUST MEETING WAS WE WANT TO SEE PUBLIC BENEFIT IN MORE THAN ONE AREA.

THAT TO US STRIKES THIS AS THE BARE MINIMUM.

CAN WE DO MORE THAN ONE ITEM ON THE SIX? BECAUSE IT SAYS A MINIMUM OF ONE.

CAN WE DO SOMETHING FOR WORKFORCE HOUSING? I SEE EVIDENCE OF LISTENING THERE AND CONTRIBUTING FOR A BONUS FOR WORKFORCE HOUSING.

>> DO YOU HAVE QUESTIONS?

>> NO.

>> I'M SORRY.

>> OH SORRY. I DIDN'T KNOW IT WAS A QUESTION I APOLOGIZE.

I THOUGHT IT WAS DELIBERATION.

I DID FOR PLANNING AND ZONING, SO I'LL HOLD UNTIL DELIBERATION.

>> ANYBODY ELSE HAVE ANY QUESTIONS?

>> I HAVE SOME QUESTIONS. I GUESS FOR STAFF, HOW MUCH MONEY IS IN THE WORKFORCE HOUSING TRUST FUND? OR FUND?

>> IT'S IN THE RANGE OF 2-3 MILLION DOLLARS.

>> IT'S LESS EFFICIENT TO HAVE TO POLICE HOUSING UNITS THAT ARE TWO HERE, ONE HERE SCATTERED AROUND TOWN.

>> THERE'S A LOT THAT GOES INTO THE REPORTING AND THE MONITORING, ADMINISTRATION OF A PROGRAM.

>> IS THOMAS HERE? WHEN ARE THE BUSH ROAD, TONEY PENNA IMPROVEMENTS GOING TO TAKE PLACE.

DOES ANYBODY KNOW? THERE HE IS.

COMING OUT THE BACK HE IS.

[LAUGHTER]

>> THOMAS HERNANDEZ, DIRECTOR OF ENGINEERING AND PUBLIC WORKS.

I APOLOGIZE. I DID NOT MAKE IT OUT OF MY CHAIR FAST ENOUGH TO SWEAR IN.

>> DID YOU GET THAT QUESTION? I'M SORRY.

>> YES. DO YOU SOLEMNLY SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IN THIS HEARING IS THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

>> YES. AGAIN, I APOLOGIZE.

I WAS NOT QUICK ENOUGH TO COME OUT OF MY DESK WHEN THE SWEARING IN TOOK OFF.

BASICALLY, CJ THE TRAFFIC ENGINEER HAS BEEN WORKING WITH OUR CONSULTANT TO GET THE FINAL SCOPE OF WORK FOR THE DESIGN.

ROUGHLY, ONCE WE GET THE SCOPE OF WORK COMPLETED, WE'RE LOOKING THAT IT'S GOING TO TAKE ROUGHLY EIGHT MONTHS.

CJ JUST GAVE COMMENTS BACK ON THE OVERALL DESIGN FOR THE PROJECT ITSELF.

HOPING THAT BY THE END OF THE YEAR WE WOULD HAVE A COMPLETED DESIGN SO WE COULD START WORKING TOWARDS THE CONSTRUCTION IN 2025.

>> JUST FOR PUBLIC RECORD, WHAT WERE HIS COMMENTS ON THE INCREASED TRAFFIC DAILY TRIPS FROM THIS DEVELOPMENT.

>> AS FAR AS FOR THIS DEVELOPMENT, IN PARTICULAR, I WAS NOT INVOLVED WITH HIS ACTUAL COMMENTS FOR THOSE.

I'M SORRY, I DON'T HAVE THE SPECIFIC, BUT OVER FOR TONEY PENNA AND BUSH ROAD, THAT PROJECT ITSELF WOULD END UP COMING IN AT THAT POINT.

>> EIGHT MONTHS OR SO?

>> YES. ROUGHLY TOWARDS THE END OF THIS FISCAL YEAR?

[01:35:04]

>> THANK YOU.

>> I'VE GOT A QUESTION. THE WORKFORCE HOUSING FUNDING, THAT I THINK YOU SAID OVER $2 MILLION?

>> YES.

>> IS THERE ANY PLANNED USE FOR THAT? IS THERE ANY STRUCTURED USE FOR THAT OR IS IT JUST A FUND NOW WAITING FOR A PLAN?

>> WE HAVE COME UP WITH SOME OPTIONS IN THE PAST, BUT THEY'VE NOT BEEN IMPLEMENTED.

THAT'S ONE OF THE REASONS WHY WE'RE HAVING THE ROUND TABLE LATER THIS YEAR, I THINK IT'S IN THE NEXT QUARTER POTENTIALLY.

>> BUT AS OF NOW, THERE'S NO REAL STRUCTURED PLAN FOR IT?

>> NO. WE HAD ACTUALLY BEEN LOOKING AT USING SOME TAILORING PROPERTY TO DEVELOP WORKFORCE HOUSING, BUT THEN IT WAS NO LONGER AVAILABLE WHERE IT WOULD REQUIRE LAND USE CHANGES NOW.

>> ONE OF THE PLANNED USES WAS [INAUDIBLE] CONSTRUCT OUR OWN WORKFORCE HOUSING?

>> COULD YOU USE YOUR MIC, PLEASE.

>> YES. SORRY. ONE OF OUR PLANS IT SOUNDS LIKE, WAS TO USE THE MONEY TO CREATE OUR OWN WORKFORCE HOUSING?

>> OR TO OFFER UP LAND AND MAYBE DO AN RFP, A REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPERS TO MAKE PROPOSALS TO BUILD WORKFORCE HOUSING.

OUR INTENT IN THE PAST HAS BEEN TO TRY TO PLUG INTO OR USE THE COUNTY'S COMMUNITY LAND TRUST, WHICH ENDS UP BEING THE FEE HOLDER FOR THE LAND OR THE ACTUAL FEE SAMPLE OWNER OF THE LAND.

THEN THEY SELL THE IMPROVEMENTS, SO THEY CAN BE SOLD AT A MORE AFFORDABLE RATE, AND THEN IT CONTINUES TO PERPETUATE.

THOSE ARE THE THINGS WE'LL TALK ABOUT WITH WORKFORCE HOUSING PROGRAM IN FUTURE.

>> THANK YOU.

>> ANY OTHER QUESTIONS? I JUST HAVE ONE FOR THE APPLICANT.

I THINK THIS WAS PUBLIC RECORD.

I THOUGHT I HAD IT, BUT I CAN'T FIND IT.

WHAT DID THE APPLICANT PAY FOR THE PROPERTY? I THINK IT IS ON THE PROPERTY APPRAISER SITE.

>> AS YOU'VE SEEN, I'VE BEEN SWORN IN, $2.5 MILLION.

WHILE I'M AT THE STAND, I JUST DO WANT TO SAY THANK YOU SO MUCH FOR HAVING ME HERE TONIGHT AND SUCH FAMILIAR FACES.

WE'VE BEEN THROUGH THIS FOR OVER A YEAR AND I APPRECIATE IT. THANK YOU.

>> THANK YOU. IS THERE ANY PUBLIC COMMENTS?

>> NO.

>> SEEING NONE RETURN TO THE COUNCIL FOR DELIBERATIONS?

>> YES.

I APPLAUD THE ENERGY CONSERVATION ISSUES.

MR. HEARING WAS CORRECT THAT THAT WOULD BE ONE THAT WOULD APPEAL TO ME.

A LITTLE MORE HISTORY ON THIS.

SEVERAL OF US SAW THIS ISSUE COME UP ON PLANNING AND ZONING.

I PREVIOUSLY VOTED ON THIS AND I'M ON THE RECORD SAYING I WAS VERY MUCH HEDGED BY IT.

IT'S A DIFFICULT DECISION.

IT WAS THEN AT 35 UNITS, BUT I WAS GOING TO SUPPORT IT AND DID SUPPORT IT BECAUSE OF THE SPECIFIC WORKFORCE HOUSING UNITS THAT THEY WERE GOING TO PROVIDE.

THIS TIME AROUND, LET'S MAKE NO MISTAKE.

THERE IS NO WORKFORCE HOUSING BEING SUPPLIED BY THIS.

IT'S GOING INTO A FUND THAT AS OF YET WE DON'T FULLY KNOW WHAT WE'RE GOING TO DO WITH.

BUT THERE ARE NO WORKFORCE HOUSING UNITS ON THIS PLAN FOR US.

THAT'S NOT REALLY A BENEFIT.

IT'S MORE OF A PAIN TO GET AROUND A ZONING ISSUE.

THE BIGGEST PROBLEM, I THINK OF COURSE, IS THE TRAFFIC THERE.

NOW 35-23 IS SIGNIFICANT AND NOW THE DENSITY IS LESS THAN SOME OF THE SURROUNDING DENSITIES, WHICH I THINK IS IMPORTANT.

SOMETHING IS GOING TO BE BUILT THERE OBVIOUSLY AND DESERVES TO BE.

THERE ARE A LOT OF NEGATIVE PUBLIC COMMENTS THAT WERE AT THE PLANNING AND ZONING MEETING.

I'M SURPRISED TONIGHT, I HAVE RECEIVED A FEW EMAILS THOUGH, CAUTIONING US ABOUT THE TRAFFIC PROBLEM.

THE ENERGY BENEFITS ARE GOOD, THE GOLD IS GOOD.

I THINK IT IS A FAIRLY GOOD FIT FOR THE NEIGHBORHOOD, BUT FOR THE TRAFFIC PROBLEMS. BUSH ROAD IS BEYOND ITS LIMIT NOW.

I TRY TO DRIVE THROUGH THERE OFTEN JUST TO SEE HOW BAD IT IS, AND IT'S BAD ALL THE TIME.

IT'S BAD GOING BOTH DIRECTIONS.

I THINK THE ADDITION OF ANYTHING, RATHER, IS GOING TO MAKE IT MORE CROWDED.

BUT NOW WE'RE BEING ASKED TO APPROVE MORE UNITS THAN ITS ZONE FOR, BASICALLY, WHAT I SEE AS AN ENERGY BENEFIT, WHICH IS A GOOD BENEFIT.

DON'T GET ME WRONG. THE ENERGY SAVINGS THAT I JUST SAW FROM THE VARIOUS BUILDING COMPONENTS WILL PROBABLY OFFSET ANY EV CHARGING.

[01:40:06]

THAT WILL ALMOST BE A WASH.

IT'LL BE AS THOUGH THE CHARGING IS FOR FREE.

THERE'S A LOT OF GOOD PLUSES TO THAT.

BUT IT'S HARD TO GET AROUND THE TRAFFIC PROBLEM.

BUT I ALSO WANT TO ADDRESS THE TWO-YEAR RULE.

THIS HAS BEEN CAST AS A NEW APPLICATION, SO THE TWO-YEAR-OLD IS NOT APPLICABLE.

I'VE READ IT AND IT SEEMS TO ME THAT THE INTENT OF THAT RULE WAS TO DISSUADE OR PROHIBIT SOMEBODY FROM SEEKING AN EXCEPTION ON THE PROPERTY WITHIN A TWO-YEAR PERIOD.

I DON'T THINK THEY SHOULD BE PROHIBITED FROM GOING ON AND SUBMITTING AN APPLICATION THAT MEETS ALL EXISTING CODES, BUT THAT ASKING FOR AN EXCEPTION WITHIN TWO YEARS, I THINK DOES GO AGAINST THE GRAIN OF THE INTENT TO YOUR EXCLUSIONARY CLAUSE.

AGAIN, NOW I'M SERIOUSLY CONFLICTED.

I TRUST MR. SACKLER, WHEN HE SAYS IT, WE'LL COME UP WITH A GOOD IDEA FOR THAT MONEY.

IT SOUNDS LIKE POSSIBLY BUILDING OUR OWN WORKFORCE HOUSING MIGHT BE THE THING TO DO.

IT WOULD BE NICE TO HAVE THEM ALL GROUPED TOGETHER BECAUSE OF THE REPORTING REQUIREMENTS.

IT IS A BURDEN AND TROUBLESOME PROCESS TO GO THROUGH.

PROBABLY WOULD BE BENEFICIAL TO HAVE THEM ALL TOGETHER.

IF WE COULD BUILD THEM, WE COULD POSSIBLY DO IT CHEAPER BECAUSE WE'LL TAKE THE CONTRACTOR PROFIT OUT OF IT.

WE'LL STILL HAVE TO HIRE A VERY QUALIFIED CONTRACTOR TO DO IT.

PERHAPS WE COULD TRADE SOME CONTRACTING FOR SOME WORKFORCE HOUSING CREDITS.

WE'LL HAVE A SLASH FUND AND WE GET A CONTRACTOR THAT MIGHT BE WILLING TO HELP US BUILD THESE WORKFORCE HOUSING UNITS TO GET THEIR EXCEPTION THROUGH.

RIGHT NOW, I'M STILL ON THE HEDGE AND I'M NOT AGAINST IT YET, BUT I'M NOT FULLY SUPPORTIVE.

I WANT TO HEAR WHAT THE REST OF YOU HAVE TO SAY, BUT I THINK FOR TWO REASONS, I'M NOT PARTICULARLY INCLINED TO, BUT FOR SEVERAL REASONS I AM INCLINED TO, SO STILL CONFLICTED.

>> A COMMON [INAUDIBLE] TO, SINCE I PROBABLY BROUGHT UP THE CONVERSATION WAS BY QUESTIONING ABOUT WORKFORCE HOUSING.

REASON I ASKED FOR THE PROPERTY VALUES IS, THINK ABOUT THIS.

TWO-AND-A-HALF MILLION DOLLARS WERE SPENT FOR A PROPERTY THAT'S ENTITLED TO 18 UNITS, THAT WORKS OUT TO BE $140,000 OF PROPERTY PER UNIT.

PROPERTY IS SO HIGH IN JUPITER, GETTING WORKFORCE HOUSING IS IMPOSSIBLE BECAUSE JUST THE PRICE OF PROPERTY IS NOT WORKFORCE HOUSING.

BUT IT IS WHAT IT IS.

THIS PROJECT THEY JUST WANT TO EMPHASIZE, I THINK IT'S A REALLY NICE PROJECT.

I DON'T HAVE ANY ISSUES WITH THE PROJECT.

JUST FROM A TRAFFIC STANDPOINT AND FOR THE PUBLIC, THIS PROPERTY OWNER IS ENTITLED TO 18 UNITS.

THERE'S NO DEBATE ABOUT THAT.

THAT IS AN ENTITLEMENT, EVERYBODY HAS A REASONABLE ENTITLEMENTS ON THEIR PROPERTY.

THE TRAFFIC FROM 18 UNITS, WE HEARD FROM STAFF, THIS INTERSECTION IMPROVEMENT THAT SHOULD HELP THINGS.

THE ONLY DISCUSSION IS FIVE MORE UNITS.

FIVE, WOULD PUT THAT IN PERSPECTIVE HERE.

I'M JUST USING THIS ONE NOT TO PUNISH THE APPLICANT BECAUSE IT'S A NICE PROJECT BUT IT'S A WELL OF PROJECTS, SO I SEE MOST OF THE PUBLIC BENEFITS WILL DERIVE HIGHER RENTAL VALUES.

I WOULD SUBMIT ON THE WINDOWS AND WHATEVER A LOT OF DISCUSSION.

I'M REPLACING WINDOWS.

EVERYBODY IS GOING WITH THAT.

WITH THE BETTER QUALITY WINDOWS AND WATER, IF YOU GET IF YOU GET HURRICANE WINDOWS AND WHATEVER.

BUT IT'S A STANDARD TO ME AND I'VE REALLY THOUGHT ABOUT THIS FOR A LONG TIME.

IF IT'S ONLY ENTITLEMENT, IT'S $140,000 PER UNIT THAT HE WAS ENTITLED TO BUILD, THEN GIVING THEM A BONUS OF FIVE UNITS ON A SMALL-SCALE PUD ALLOWS THEM TO BUILD FIVE MORE UNITS, WHICH EFFECTIVELY THE LAND TO DO THAT WOULD HAVE BEEN $900,000.

I MISSED THE MATH.

I'M SIMPLISTICALLY THINKING THROUGH.

IT'S THE ONLY YOU CAN LOOK AT IT, I BELIEVE.

WHICH IS WHY I'M REALIZING THAT'S THE CASE,

[01:45:01]

IS THAT THE BONUS UNITS ARE ENABLING A PROPERTY OWNER TO PUT MORE UNITS.

IT'S NOT GOING TO MAKE A DIFFERENCE ON THE PRICE OF THE UNIT, WHETHER IT'S $15,000, OR $21,000 ON THIS, $20,000 ON THE SITE, $18,000 OR $23,000.

TO ME, THAT'S WHERE I CAME FROM WHERE, GETTING $150,000 FEE IN LIEU WHEN THEY COULD BUILD FIVE MORE UNITS.

WHEN LAND WOULD HAVE BEEN BASED ON BASE DENSITY $900,000, IT'S NOT ENOUGH GAIN THERE.

THE APPLICANT HAS WORKED HARD.

HE'S COME BACK, MAYBE HE'S RESPONDING TO THE POINTS YOU EACH INDIVIDUALLY MIGHT HAVE DONE.

THIS ISN'T A DEBATE UP HERE.

BUT THIS IS, I ALWAYS TRY TO GIVE CONSISTENT POLICY BASIS FOR MY DECISIONS.

I THINK IT'S A NICE PROJECT, BUT I DO THINK WE'RE AT THE POINT, I'M NOT GOING TO APPROVE IT'S BONUS WHETHER IT'S A SMALL-SCALE PUD BONUS OR A DENSITY BONUS BEYOND THAT.

THERE HAS TO BE A BETTER RETURN ON WORKFORCE HOUSING.

THEN BASICALLY, I CALL IT A PARTIAL UNIT, BECAUSE $150,000 IS ONE UNIT OF FIVE.

IT'S ONLY PARTIAL BECAUSE WE CAN'T BUILD ONE FOR THAT.

I DON'T SEE THAT, SO I'LL CALL IT 10%-15% OF BONUS UNITS.

THAT'S NOT HIGH ENOUGH FOR ME, WHICH IS WHY WE ARE GOING THROUGH THE CODE AND IT WAS LAYING OUT WHAT THE INTENTIONS WERE AT SOME POINT IN TIME.

WHETHER OR NOT FINANCIALLY FEASIBLE OR NOT IS A DIFFERENT MATTER.

AT SOME POINT IN TIME, THE PUBLIC IS TELLING US, LOOK, WE BUILT ALL THESE UNITS, WHERE IS THE WORKFORCE HOUSING UNITS? I'M NOT GOING TO MISS THE OPPORTUNITY MYSELF, TO NOT STATE POLICY WISE GOING FORTH, WE HAVE TO HAVE A HIGHER PERCENT OF WORKFORCE HOUSING UNITS ON BONUS UNITS.

I WAS MORE JUST EXPLAINING MY LOGIC.

I WAS ASKING THE QUESTIONS SO YOU ALL COULD UNDERSTAND WHAT'S IN THE CODE AND THE COMP PLAN.

WE HAVE THE DISCRETION TO APPROVE THIS PROJECT.

WE THINK IT'S NICE ENOUGH IF A MAJORITY WAS TO SUPPORT IT, FOR THE OTHER REASONS AND WHATEVER.

BUT MESSAGING ANYBODY THAT WANTS TO COME BACK FOR, BE IT A PUD OR ANY DENSITY BONUS WE HAVE TO GET MORE, YOU HAVE TO GET A HIGHER PERCENTAGE.

WITH THAT, I'VE STAYED IN MY CASE WE'RE ON DELIBERATIONS.

DOES ANYBODY ELSE WANT TO SHARE ANYTHING BEFORE WE GO?

>> WE'VE BEEN DOWN THIS ROAD BEFORE MANY TIMES, WE'VE BEEN HERE.

THE WORKFORCE HOUSING PROGRAM IN THE TOWN, IT ENCOURAGES DENSITY FOR WORKFORCE HOUSING, BUT THEN IT'S TOO INTENSE AND ITS TRAFFIC ISSUES AND EVERYBODY JUST WRITES A CHECK TO THE TO THE TRUST FUND FOR THE WORKFORCE HOUSING.

IT'S A VICIOUS CYCLE.

I THINK ON THE FACE, THIS IS A GOOD PROJECT.

I APPRECIATE ALL THE ENVIRONMENTAL STANDARDS AND ALL THAT.

I WASN'T HERE ON AUGUST 3RD.

Y'ALL WERE HERE. I WAS ON VACATION.

DID THEY ANSWER ALL YOUR PUBLIC BENEFIT REQUESTS?

>> I THINK SO. I THINK THEY'RE TRYING THE BEST THEY CAN.

THEY DID TRY TO BUILD THE UNITS BUT THEN THE DENSITY BECAME A PROBLEM ON THE ANGULAR APPLICATION.

THE PROCESS IS A QUESTION.

IT'S ONE THAT'S STILL BOTHERS ME, BUT THAT'S GOING TO BE DISCUSSED AT A LATER DATE IS MY UNDERSTANDING, AND IT DID COME FORWARD WE ARE A COUNCIL MANAGER FORM OF GOVERNMENT.

THEY DID PAY NEW APPLICATION FEES.

I UNDERSTAND WE'RE DISCUSSING THIS ON THE MERITS.

THERE'S AFFORDABILITY.

ANY HOUSING HELPS WITH THE COST OF HOUSING.

>> THERE'S NO INVENTORY BUILT ON JUPITER, AT THIS PRICE RANGE.

IF THEY'RE AROUND $2,200 A MONTH, WHICH THE MAYOR IS CORRECT THAT THEY COULD INCREASE.

IT'S ALL MARKET-DRIVEN, BUT EVEN JUST, MID-RANGE, LOW-RANGE HOMES, THEY'RE NOT OUT THERE.

>> RIGHT. AT 35, THEY WERE SMALLER UNITS AND THEY WERE MORE PACKED IN, AND THAT WASN'T DESIRABLE AND THERE WERE MORE TRIPS AND MORE TRAFFIC.

IF THEY GO TO BASE, THEN WILL THE UNITS GET EVEN LARGER AND WILL THAT LEAD TO EVEN LESS AFFORDABLE UNITS? THERE'S A BALANCE.

THERE'S NO PERFECT ANSWER.

IT'S A BALANCE. HOW MUCH OF ONE OR THE OTHER.

WE'VE GOT THREE OR FOUR DIFFERENT VARIABLES HERE THAT WE'RE TRYING TO

[01:50:02]

PUT IN BALANCE FOR A CONTEXT.

THE CONCERN FOR THAT CONTEXT IS TRAFFIC.

IT ABSOLUTELY IS.

DENSITY IS A CONCERN.

I'M PLEASED TO SEE THAT THE FIRST ONE FAILED AND I UNDERSTAND THIS PROJECT A LOT BETTER NOW, LISTENING AND OVER TIME.

COUNSELOR 4 YOU'RE VERY HELPFUL WITH YOUR DESCRIPTION OF THINGS THAT REALLY HELPS SOLIDIFY HOW I THINK ABOUT IT AS WELL.

I WORRY ABOUT IF YOU TAKE SOMETHING AWAY, WELL THEN WHATEVER UNITS REMAIN IN A FUTURE PROJECT WOULD BE EVEN LESS AFFORDABLE.

I THINK ON THE WHOLE, IT'S A GOOD BALANCE FOR THIS AREA WITH ALL THE FACTORS CONSIDERED.

IT'S A DIFFICULT DECISION, DIFFICULT PROJECT.

I THINK THE THRESHOLD NEEDS TO BE HIGHER FOR PROJECTS TO COME BACK.

THAT WILL BE DISCUSSED NEXT YEAR.

BUT ON THE WHOLE THIS PROJECT, LOOKING AT THE MERITS OF THIS PARTICULAR PROJECT, IT IS ONE OF THE LOWEST DENSITY PROJECTS, CONTRIBUTES MUCH LESS TO TRAFFIC.

IT'S VERY GREEN, 44% GREEN SPACE.

IN TODAY'S ENVIRONMENT WITH THE SCARCITY OF LAND IS SOMETHING TO ME.

I THINK I'M OKAY WITH IT.

>> JUST TO ADD THAT, IT'S TOUGH TO WALK AWAY WITHOUT GETTING A UNIT OR TWO OF WORKFORCE OUT OF THIS PROJECT.

BUT, IS IT FEASIBLE FOR THE DEVELOPER TO DO THAT? IF WE DENY IT OR WE PUNISHING THE DEVELOPER FOR OUR SYSTEM? I WON'T SAY IT'S BROKEN BUT IT DOESN'T SEEM TO WORK CORRECTLY.

>> I DON'T THINK IT WORKS ANYWHERE.

WE'RE STRUGGLING, BUT SO IS EVERYBODY ELSE. OTHER [OVERLAPPING]

>> WE'RE GOING TO TALK ABOUT IT AGAIN, AND WE'VE BEEN DOING THAT SINCE I'VE BEEN HERE.

IT'S A LAND ISSUE, IT'S A VALUE ISSUE. IT'S DIFFICULT.

>> I THINK WE NEED TO UPDATE THE AMOUNTS GIVEN INFLATION, GIVEN EVERYTHING ELSE, I THINK WE NEED TO LOOK AT WHERE THE MONEY GOES.

WE NEED TO GET OUR HOUSE IN ORDER.

BUT THAT WILL COME WITH WHAT'S ON THE BOOKS AND WITH WHAT WE'RE ADDRESSING, ARE WE FINDING A GOOD BALANCE FOR THE CONTEXT? IT'S A DIFFICULT PROJECT.

IT'S NOT SOUND PERFECT.

BUT DOES IT FIND A GOOD BALANCE FOR THE COMMUNITY?

>> LET'S LOOKING AT IT WITH THE CURRENT HOUSING MARKET, WHICH I DON'T SEE IT LETTING UP ANYTIME SOON FOR TEACHERS, FIREMEN, POLICE, OR WHOEVER JUST TO COME UP WITH THE FIRST-TIME BUYERS TO JUST LIVE IN JUPITER THAT WANT TO WORK IN JUPITER.

IT'S NOT THERE. THE SUPPLIES, SOME OF THAT, THE RATES MAY CHANGE, BUT I'M LIKE COUNSELOR FORE, I'M TORN ON IT TOO.

I HATE TO WALK AWAY WITHOUT WORKFORCE, BUT I THINK I'M PRETTY GOOD WITH IT.

I DON'T KNOW. COUNSELOR MAY, YOU'RE UP.

>> I'M STILL A LITTLE UPSET ABOUT THE FACT THAT WE'RE SEEING THIS PROJECT AGAIN.

IT'S POLICY FOR ME.

IT WAS A FISHERMAN'S WHARF CAME IN AND THEY PROPOSED THIS APARTMENT COMPLEX AND ALL THAT STUFF.

THEN THEY GOT DENIED, AND THEN THEY DIDN'T COME BACK FOR TWO YEARS.

THEN WHEN THEY CAME BACK TWO YEARS LATER, THEY PROPOSED A COMMERCIAL PROJECT.

THAT WAS BECAUSE OF THE ZONING CHANGE AND EVERYTHING LIKE THAT, BUT STILL, THAT WAS A COMPLETELY DIFFERENT PROJECT FROM WHAT WAS ORIGINALLY PROPOSED.

THEY WAITED TWO YEARS AND EVERYTHING, AND NOW WE GET ANOTHER PROJECT THAT COMES IN. IT GETS DENIED.

THEY CHANGE A COUPLE OF THINGS HERE AND THERE, BUT IT'S THE SAME PROJECT.

I WAS STILL UPSET ABOUT THAT AND THAT'S MORE ON US.

I KNOW WE'RE WORKING ON FIXING THAT.

THERE'S THAT ISSUE FOR ME WHERE I THINK WE'RE APPROVING A PROJECT OR IF WE'RE LOOKING TO APPROVE YOUR PROJECT WHERE YOU ALMOST SETTING A PRECEDENT.

IT JUST GIVES ME PAUSE ON THAT ASPECT BECAUSE IT'S INCONSISTENT WITH WHAT WE'VE DONE IN THE PAST.

I'M NERVOUS FROM THAT FRONT BECAUSE I DON'T KNOW WHAT THAT SETS IN MOTION GOING FORWARD.

IF WE HAVE OTHER PROJECTS THAT GET DENIED AND THEY COME BACK WHEN THEY CHANGE A COUPLE OF THINGS.

I KNOW WE'RE WORKING ON THAT, THAT'S HOUSEKEEPING ON OUR PART AND STUFF.

I DO LIKE THE PROJECT THAT DOES LOOK VERY NICE.

THERE'S NO QUESTION THERE WITH THE GREEN BUILDING APPLICATION AND THE GOING FOR THE GOLD STANDARD AND STUFF.

I AGREE WITH ALL THAT.

IT'S JUST I'M JUST NERVOUS ABOUT APPROVING A PROJECT THAT WAS INITIALLY DENIED AND IT DIDN'T GO THROUGH THE WHOLE TWO-YEAR WAIT PROCESS AS ORIGINALLY HAS BEEN DONE IN THE PAST.

>> I THINK WE REALIZED THOUGH IN THAT, IN FAIRNESS TO THE APPLICANT THAT WE'VE DISCUSSED THAT

[01:55:01]

AND WE NOW REALIZE WE DIDN'T HAVE CLARITY.

THEY NOW HAVE THE CLARITY, BUT THIS ONE WAS ALREADY PARTY TO PROCESS.

FOR THAT REASON, WE KNEW IT WAS COMING BACK TO US AND WE HAD TO MAKE A DECISION.

>> I THINK I'VE SAID IN THE LAST MEETING, I DIDN'T WANT TO PUNISH THE APPLICANT FOR SOMETHING THAT WAS MORE OR LESS OUR FAULT.

I JUST WANT TO MAKE SURE THAT I'M CLEAR ON THE RECORD THAT THIS SHALL NOT BE A PRECEDENT-SETTING PROJECT WITH THE PROCESS THAT THEY'VE BEEN THROUGH.

BUT OTHER THAN THAT, THE REDUCTION OF UNITS, I UNDERSTAND IT'S, AS MUCH AS THEY PROBABLY WOULD WANT TO ADD TO PROVIDE WORKFORCE HOUSING UNITS IT JUST DOESN'T QUITE WORK WITH THE AMOUNT OF UNITS THAT THEY'RE REDUCING IT TO.

I'M DEFINITELY EAGER TO SEE WHAT WE'RE GOING TO DO WITH THIS TRUST FUND AND HOW WE CAN APPLY IT TO DO SOMETHING WITHIN THE TOWN TO GIVE PEOPLE AN AFFORDABLE PLACE TO LIVE WITHIN THE TOWN BOUNDARIES.

BECAUSE WITH EVERYBODY THAT'S IN THE ACTUAL WORKFORCE, THEY CAN'T LIVE HERE.

[LAUGHTER] A LOT OF PEOPLE THAT HAVE LIVED HERE, HAVE LIVED HERE FOR A LONG TIME.

I KNEW COMING OUT OF SCHOOLS, STUFF LIKE THAT THERE THEY CAN'T.

UNLESS THEY'RE LIVING WITH THEIR PARENTS OR SOMETHING, THIS IS NOT GOING TO HAPPEN.

I APPRECIATE EVERYTHING THAT EVERYBODY ELSE HAS SAID.

I HOPE WE CAN DO SOMETHING WITH THAT TRUST FUND SOON.

THAT'LL ACTUALLY MAKE A DENT IN OUR WORKFORCE HOUSING CRISIS WITHIN THE TOWN.

>> THAT MUCH MONEY IS NOT GOING TO MAKE ANY DENT.

>> NO, JUST THE TRUST FUND IN GENERAL.

>> I UNDERSTAND. THAT'S UP TO THE COUNCIL TO MAKE A POLICY DECISION, BUT IT'S CERTAINLY NOT GOING TO MAKE A DENT.

AGAIN, IT'S CLEAR, PROPERTY COSTS ARE SO HIGH WHICH IS WHY, THEREFORE, KNOWING THAT GIVEN DENSITY BONUSES, HOWEVER, YOU GET THEM, YOU HAVE TO LEVERAGE IT FOR MORE THAN BASICALLY 10% OR WHATEVER.

BY THE WAY, I WAS WALKING DOWN.

I DON'T KNOW HOW THIS WOULD GO OVER, BUT I WAS WALKING THROUGH WITH THE CODE.

HE WAS GIVEN A 40%, WHICH MEANS, OKAY, IT'S ONE MORE UNIT.

JUST TO THROW THAT OUT, IF YOU WILL, WHICH IS WHY WE'RE JUST MAKING THE CASE.

I'M STILL EVEN THINKING ABOUT THAT, BECAUSE IT SAYS MINIMUM.

BUT I WAS JUST DOING THE WALK BECAUSE THIS IS THE WAY I LOOK AT IT.

IF THE PROPERTY COSTS THAT MUCH AND IT DOES, SO I UNDERSTAND THE CHALLENGES TO DELIVER HERE.

THAT'S THE WAY PROPERTY VALUES ARE.

BUT, FIVE MORE UNITS IS THE EQUIVALENT OF THEM, WOULDN'T HAVE THEM SPENDING ANOTHER $900,000 OF PROPERTY AT THE ENTITLED SIX UNITS AN ACRE.

YEARS BACK WHEN PROPERTY WAS GIVEN HIGHER DENSITY, IT TRULY DEVELOPED WORKFORCE PRICING BECAUSE IN MORE RECENT TIMES, NO MATTER HOW MANY UNITS YOU PACK ON A SITE, THEY ARE ALL EXPENSIVE.

BUT IF YOU LOOK BACK IN THE HISTORY OF SOUTH FLORIDA, SOMETHING THAT WAS A RESIDENTIAL HIGH, SIX UNITS WOULD HAVE BEEN.

I'M TALKING ABOUT YEARS AGO NOW, THERE'S A LOT OF PLACES FOR THAT.

BUT IT IS WHAT IT IS.

FOR ME, I'D HAVE TO GET FOR THOSE FIVE UNITS BECAUSE AGAIN, I'M TRYING TO FORMULATE A CONSISTENT POLICY.

YOU TALKED ABOUT PRECEDENT-SETTING.

THERE WILL BE PRECEDENT-SETTING TO SEND THAT IF THE APPLICANT WERE WILLING TO GO AHEAD AND GIVE ONE MORE PAYMENT IN LIEU.

HE'S UPPING IT TO THREE, ONE ON THE BASE HE'S OBLIGATED TO DO.

THEN FOR THE FIVE UNITS DUE TWO, PAYMENT IN LIEU, THAT WOULD GET US ONE UNIT WE COULD BUILD AGAIN.

BUT I'LL LEAVE IT AT THAT.

WE'VE HAD DELIBERATIONS.

IF SOMEONE WANTS TO MAKE A MOTION.

>> IS IT, DO YOU WANT TO RUN THAT BY THE APPLICANT?

>> WOULD THE APPLICANT CONSIDER UPPING THE PAYMENT IN LIEU TO INCLUDE A THIRD UNIT?

>> I THINK WE'D CONSIDER SOMETHING, BUT IT ALL CONTINUES TO JUST RAISE THE PRICE AND THE COST OF EVERYTHING ELSE.

EVERYTHING IS EXPENSIVE, SO ADDING ANOTHER $150,000 TO THE BUDGET IS ANOTHER $7,500 IN COST THAT HAS TO BE OBTAINED FROM EVERY OTHER UNIT THAT'S IN THERE.

IT DOES MAKE IT MAKE IT CHALLENGING. ANY THOUGHTS? MILES? I THINK OUR PREFERENCE WOULD BE TO NOT HAVE TO.

[02:00:05]

WE CERTAINLY DON'T WANT TO BE DENIED.

WE DID TRY TO COME IN AND PUT OUR BEST FOOT FORWARD.

AS COUNSELOR FORE, CAN TELL YOU, THERE'S A LOT OF COST THAT GOES INTO THE FLORIDA GREEN BUILDING.

>> THIS IS JUST A TOUGH FINANCIAL DECISION.

LISTENING TO THIS, IT'S A LITTLE BIT OF A ROLLER COASTER FOR ME AS THE APPLICANT TO BE LISTENING TO THIS.

I UNDERSTAND THAT THE CITY IS TRYING TO WORK WITH ME AND I REALLY DO APPRECIATE THESE DELIBERATIONS.

I WOULD BE WILLING TO WORK WITH THE TOWN ON SOMETHING.

WE CAME HERE WITH ONE UNIT AND WE BUMPED IT UP TO TWO UNITS.

BUT I WILL SAY TO BE FRANK ABOUT THIS IS IF I CONTRIBUTE ANOTHER FULL UNIT, $150,000 TO THIS FUND, IT WILL ONLY MAKE IT LESS AFFORDABLE FOR THE END-USER.

MY SUGGESTION IS THAT NOT JUST COUNCIL AND NOT JUST THE VILLAGE, BUT WE SHOULD ALL WORK TOGETHER TO TRY TO FIND THESE ROUND TABLE DISCUSSIONS.

THE TOWN NEEDS TO FIND A WAY TO DEAL WITH THE FIRST $2 MILLION THAT YOU GUYS HAVE.

I BUMPED IT UP TO A SECOND UNIT AND LIKE I SAID, A THIRD UNIT, ANOTHER FULL UNIT.

IT'S VERY DIFFICULT TO MAKE THAT DECISION RIGHT NOW.

MAYBE A HALF-UNIT I WOULD BE WILLING TO DO.

BUT STILL THEN AGAIN, THAT WILL BEAR THE COST ON THE END-USER FOR THAT.

BUT I'M WILLING TO COMPROMISE AT THAT IF THAT IS WHAT THE TOWN WANTS TO DO.

>> OKAY. WHEN WE ASKED A QUESTION, WE'RE NOT NEGOTIATING UP HERE BECAUSE WE HAVE A DECISION BEFORE US TO.

>> WE'LL COMMIT TO THE HALF-UNIT.

WE CAN DEFINITELY COMMIT TO THAT.

>> BACK TO COUNCIL. I WON'T BE SUPPORTIVE ON THAT.

AGAIN, I'M TRYING TO BE CONSISTENT.

WE'VE GOT TO WORK TOWARDS, IF WE'RE GOING TO GIVE DENSITY UNITS, GETTING BETTER THAN WE'VE BEEN GETTING ON WORKFORCE HOUSING.

AGAIN, I UNDERSTAND IT'S A GOOD IT'S A GOOD PROJECT.

BUT THAT'S MY POLICY POSITION ON THAT.

WE ALL HAVE TO HAVE A POLICY POSITION INDIVIDUALLY, AND COLLECTIVELY, THE MAJORITY DECIDES.

IF THERE'S ANY SUPPORT FOR WHAT THE APPLICANT HAS AMENDED THEIR COMMITMENT, I WOULD EXPECT THAT PERSON OR PERSONS TO MAKE A MOTION FORWARD.

OTHERWISE, WE'RE SENDING A MESSAGE THAT WE DIDN'T ACCEPT.

>> A MOTION TO APPROVE AS AMENDED.

>> FOR CLARIFICATION, THAT'S FOR THE TWO-AND-A-HALF.

>> TWO-AND-HALF, SECOND.

>> MOTION AND A SECOND. ANY DISCUSSION?

>> I WANT TO POINT OUT THE ENERGY BENEFITS AREN'T REALLY A JUPITER BENEFIT.

IT'S A BIT OF IT TO AMERICA.

AMERICA HAS A BIG ENERGY PROBLEM RIGHT NOW, AND ENERGY INDEPENDENCE, I THINK IS CRITICAL.

MR. HEARING KNOWS I'VE GOT AN ELECTRIC CAR, SO HE POINTED OUT THE EV'S CHARGING STATIONS IN THERE.

I DO THAT BECAUSE FPL GETS 100% OF THEIR FUEL DOMESTICALLY.

WE'RE NOT BUYING ANY FUEL FROM OUR ENEMIES WHEN WE HELP PEOPLE WITH ELECTRIC CARS.

I DON'T THINK WE SHOULD FORCE PEOPLE TO GET ELECTRIC CARS.

THAT SHOULD BE A TOTAL PERSONAL CHOICE.

BUT ANYTHING WE CAN DO TO ENCOURAGE IT WITHOUT FORCING PEOPLE THROUGH COST TO GET AN ELECTRIC CAR, I THINK IS A GOOD THING.

I THINK IT HELPS THE STATE OF FLORIDA.

I DON'T SEE THESE REALLY AS A BENEFIT TO JUPITER.

WE'RE HERE TO REPRESENT JUPITER CITIZENS.

I'VE GOT A TOUGH TIME WITH THAT STILL.

I'M A PROUD AMERICAN, LOVE BEING A FLORIDIAN.

IT'S GREAT TO LIVE IN PALM BEACH COUNTY AND I'M A VERY PROUD JUPITER RESIDENT.

[02:05:03]

IT'S NOT REALLY A BENEFIT TO JUPITER.

WE NEED WORKFORCE HOUSING BADLY, BUT I DON'T SEE HOW WE'RE GOING TO GET THAT SOLVED THROUGH THIS PARTICULAR PROJECT.

IT IS A GREAT PROJECT. IT REALLY IS.

YOU'VE DONE A LOT TO MAKE IT MORE PALATABLE TO US.

THIRTY FIVE, I WAS ON THE EDGE WITH 35 AND NOW WE'RE AT 23.

THAT'S A GREAT REDUCTION.

I THINK IT'S GOING TO MAKE THE RESONANCE ALONG THIS ROAD.

IT'S NOT GOING TO MAKE THEM HAPPY.

BUT IT MIGHT MAKE IT, THIS BITTER PILL A LITTLE EASIER TO SWALLOW.

IT'S BEEN BASICALLY AN EMPTY LOT.

IT'S GOT A PLACE OF WORSHIP ON IT THAT I DON'T THINK IT'S BEEN USED FOR A WHILE.

A SINGLE HOUSE ON THERE IS GOING TO INCREASE TRAFFIC FROM MY RESIDENCE STANDPOINT.

WHAT WE'RE TALKING ABOUT REALLY IS THE FIVE ADDITIONAL UNITS AND HOW MUCH TRAFFIC THAT'S GOING TO PRODUCE VERSUS THE 18 WHAT WAS PERMISSIBLE.

FIVE MORE TRIPS A DAY, I DON'T THINK IT'S GOING TO MAKE OR BREAK THE TRAFFIC PROBLEM OVER THERE.

I THINK THE TRAFFIC PROBLEMS IS GOING TO BE RELIEVED.

IT SOUNDS LIKE TOWARDS THE END OF THE YEAR WE'RE GOING TO HAVE CONCEPTUAL IDEAS, SOME DESIGN WORK BEING DONE.

WE'RE GETTING CLOSE TO POSSIBLY SOLVING SOME OF BUSH ROAD'S TRAFFIC PROBLEMS. THAT'S GOING TO SOLVE MORE TRAFFIC PROBLEMS FOR BUSH ROAD THAN THESE FIVE UNITS ARE GOING TO CAUSE.

I THINK THAT'S GOING TO BE MITIGATED IN SOME RESPECT.

>> ANYWAY, JUST FOR THE PUBLIC.

I KNOW YOU DIDN'T MEAN IT THAT WAY, BUT IT'S NOT ONE TRIP A DAY PER UNIT, IT'S LIKE, 10 BECAUSE SO ROUND TRIPS WHATEVER, SO THE PUBLIC UNDERSTANDS.

>> ONE LESS TO GO GET GAS.

>> UNDERSTAND. WE HAVE A MOTION IN A SECOND.

I JUST WANT TO PAUSE FOR A MOMENT BECAUSE PUBLIC THINKS WE KNOW WHAT WE'RE GOING TO DO UP HERE.

I HAVE NO CLUE HOW TWO ARE GOING TO VOTE ON THIS.

I KNOW HOW I AM, SO I KNOW WAS A MOTION AND A SECOND THAT'S IN FAVOR.

I'M OPPOSED, AND I JUST WANTED TO PAUSE HERE BECAUSE BEFORE WE VOTE.

I GUESS A VOTE THEN IF IT TURNED OUT IT WAS NOT SUPPORTED, THEN IT'S A DENIAL.

IS THAT NOT THE CASE MR. BAIRD?

>> THE MOTION TO APPROVE.

IF THE MOTION FAILS, THEN THAT MOTION FAILS IF COUNCIL WANTS TO MAKE A MOTION TO DENY THE PROJECT.

>> [OVERLAPPING] OKAY SO WOULDN'T BE IN DENIAL.

IT WOULD BE JUST THAT ONE DIDN'T PASS.

OKAY. THERE'S A MOTION AND A SECOND ON THE FLOOR.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

>> [OVERLAPPING] AYE.

>> OPPOSED, NAY. MOTION CARRIES 4-1 WITH MAYOR KURETSKI DISSENTING. OKAY.

>> MR. MAYOR, COUNCIL MEMBERS, MERRY CHRISTMAS.

THANK YOU FOR ALL THE TIME THAT YOU SPENT.

REALLY APPRECIATE ALL THE ALL THE THOUGHTS. GOD BLESS YOU.

>> MERRY CHRISTMAS.

>> TAKE CARE OF YOUR NEIGHBORS WITH THE TRAFFIC PROBLEM DURING CONSTRUCTION.

>> JUST, THANK YOU SO MUCH.

>> DID YOU HEAR WHAT I SAID? TAKE CARE OF YOUR NEIGHBORS DURING CONSTRUCTION.

>> YES, OF COURSE. ALL ENVIRONMENTAL MEASURES.

>> THAT'LL BE SURE TO GET BACK TO THE TOWN.

>> THANK YOU.

>> DO IT WELL OVER THERE.

>> THANK YOU.

>> OKAY. MOVING ON TO THE NEXT AGENDA ITEM,

[13. Resolution 103-23, - Quasi-Judicial - K2 Motorsports - Special Exception for a warehouse use over 10,000 square feet and Site Plan Amendment.]

RESOLUTION 103-23, WHICH IS QUASI-JUDICIAL.

DOES ANYBODY ON THE COUNCIL HAVE ANY EX-PARTE? I HAVE NONE.

>> NONE.

>> NONE.

>> NONE.

>> I WILL HAVE TO ASK THE VICE-MAYOR WHEN IT COMES BACK IN.

IF THOSE PREPARED TO GIVE TESTIMONY, PLANNED OR POSSIBLE.

CAN YOU PLEASE STAND UP AND BE SWORN IN?

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

>> I DO.

>> WITH THAT, THE APPLICANT PRESENTATION.

>> THANK YOU. JUST PULL THIS UP REAL QUICK.

GOOD EVENING, MR. MAYOR. COUNCIL MEMBERS.

MR. BAIRD, GOOD TO SEE YOU.

HOPE ALL IS WELL.

I KNOW IT'S BEEN A LONG EVENING, SO I WILL TRY TO KEEP IT FAIRLY BRIEF, BUT DO WANT TO GET ACROSS OUR PRESENTATION.

WE DID RECEIVE UNANIMOUS APPROVAL AT THE PLANNING AND ZONING BOARD.

WE'RE HERE BEFORE YOU THIS EVENING IN HOPES TO APPROVE THIS REQUEST.

DO I NEED TO WAIT FOR COUNCILMAN DELANEY OR NO?

>> NO. GO AHEAD.

>> GO AHEAD. OKAY. THIS IS THE K2 MOTORCARS.

THIS IS RESOLUTION 103-23.

I'LL START OFF WITH A QUICK AERIAL SITE LOCATION.

THIS IS IN THE JUPITER PARKER COMMERCE.

[02:10:01]

THIS IS THE FIRST BUILDING AS YOU GET BACK INTO THE PARK WHERE ALL THE INDUSTRIAL BUILDINGS START.

AS YOU CAN SEE, IT'S ABOUT 5.5 ACRES, ABOUT 70,000 SQUARE FEET IN TOTAL.

K2 MOTORCARS, IF YOU HAVEN'T BEEN BY IT OR BEEN INSIDE.

THEIR MISSION STATEMENT IS BASICALLY "TO STAND ALONE AS SOUTH FLORIDA'S PREMIERE FULL-SERVICE AUTOMOTIVE CONCIERGE FACILITY." BASICALLY, TO SAY, THEY ARE STORING CARS FOR CLIENTS THAT HAVE A COLLECTION OF CARS, THEY MAY HAVE TWO OR THREE CARS.

THEY DON'T HAVE ROOM AT THEIR HOMES.

THEY STORE THESE VEHICLES AS A BUSINESS.

YOU'RE STARTING TO SEE THESE ACROSS PALM BEACH COUNTY IN SOUTH FLORIDA.

THERE'S ABOUT 150 CARS IN THERE CURRENTLY.

BASICALLY, TURNKEY STORAGE AND IN-SERVICE MODEL FOR LUXURY CAR COLLECTORS.

IT'S ALL CLIMATE CONTROLLED IN A DUST FREE ENVIRONMENT.

THEY DO WORK WITH DEALERSHIPS THROUGHOUT THE AREA TO SCHEDULE ALL THE MAINTENANCE AND THINGS.

AGAIN, SOMEONE DROPS HER CAR OFF.

IT DOESN'T NEED TO BE ON A TRICKLE CHARGER.

IT DOESN'T NEED TO HAVE OIL SERVICE AND OTHER THINGS LIKE THAT.

THEY DO SCHEDULE THAT WITH THE LOCAL DEALERSHIPS.

NONE OF THAT MAINTENANCE IS DONE ON-SITE.

WE DO HAVE CURRENTLY AN INTERNET SALES LIMITED TO 10 VEHICLES AT ANY ONE GIVEN TIME.

I'LL TALK A LITTLE BIT MORE ABOUT THAT.

BUT THIS IS BY NO MEANS A RETAIL FACILITY.

THIS IS ALL ONLINE OR BY APPOINTMENT ONLY.

THERE'S ONLY 10 VEHICLES ALLOWED AND WE DO HAVE A CONDITION OF APPROVAL TO LIMIT THE SALE OF THE VEHICLES ONLINE.

WE ARE GOING TO DO MONITORING AS PART OF THAT CONDITION, BUT I'LL TALK ABOUT THAT A LITTLE LATER.

AS I MENTIONED, K2 DOES OWN THE ENTIRE BUILDING.

FLORIDA PNEUMATIC WAS A TENANT IN THE BUILDING.

THEY'VE SINCE LEFT.

K2 HAS BEEN OPERATING IN THIS FACILITY FOR JUST UNDER FOUR YEARS AT THIS POINT.

THEY GOT THEIR ORIGINAL APPROVALS RIGHT BEFORE THEY MOVED IN THROUGH AN ADMINISTRATIVE AMENDMENT.

AGAIN, THE NORTHERN PORTION OF THE BUILDING IS WHAT WE'RE TALKING ABOUT AND THE REQUEST IS FOR A SPECIAL EXCEPTION USE APPROVAL, AND THAT'S FOR ANYTHING OVER 10,000 SQUARE FEET FOR A CHANGE IN USE.

THAT NORTHERN PORTION WAS FLORIDA PNEUMATIC.

THEY HAD A MIX OF USES.

IT WAS OFFICE, MANUFACTURING AND PROCESSING, AND A LITTLE BIT OF STORAGE AS WELL.

THE BALANCE OF THE BUILDING, AS YOU CAN SEE, IS THE CURRENT 30,000 SQUARE FOOT K2 MOTORCARS.

AGAIN, THE MAX 10 VEHICLES.

I THINK ONE OF THE BIG ITEMS ON THIS REQUEST WAS GOING THROUGH THE INCREASE TO NON-PRIMARY INDUSTRIAL USES.

WHILE THE ANALYSIS SHOWS ABOUT 40,000 SQUARE FEET WAS TO BE INCREASED, WHICH REPRESENTS ABOUT A 1.3% OVERALL FOR THE TOWN.

WHAT I WANTED TO POINT TO IS THAT ACTUALLY THE APPROVALS SHOW 20,500 SQUARE FEET.

ABOUT HALF OF THAT WAS ACTUALLY MANUFACTURING AND PROCESSING THAT WE'RE PROPOSING TO SWITCH.

THE OTHER WAS ALREADY WAREHOUSE AND OFFICE THAT WERE ALREADY NON-PRIMARY INDUSTRIAL USES.

WHAT THAT REPRESENTS IS JUST BELOW 1% INCREASE, SO 0.7%.

JUST SHOWING YOU THAT THIS WAS THE APPROVED SITE PLAN THAT HAS THOSE EXISTING USES AND JUST A BLOW UP OF THE SITE PLAN TABULAR.

THERE'S THE MANUFACTURING, IT'S PART OF THE PARKING CALCULATION, BUT IT'S ABOUT 20,500 SQUARE FEET.

THAT IS THE PORTION THAT'S BEING CHANGED AS PART OF THIS.

I HEARD LOT ON THE LAST PROJECT ABOUT PUBLIC BENEFIT.

THIS WAS PRESENTED TO US THROUGHOUT THE PROCESS AND WE WERE VERY AMICABLE TO MAKING THIS HAPPEN.

WE WANT TO WORK WITH THE TOWN.

WE WANT TO MAKE SURE YOU CAN DO WHAT YOU NEED TO DO TO DEVELOP THESE OTHER PARCELS BACK HERE.

ONE OF THOSE THINGS WAS A MAJOR ROUNDABOUT THAT WOULD HAVE SOME IMPACT TO THE SUBJECT SITE.

WE SAID, WE'RE HAPPY TO WORK WITH YOU.

THEY PROVIDED US SOME DESIGN.

I THINK THERE WERE 50, MAYBE 60% DESIGNS AT THE TIME, WE'RE WILLING TO DO THAT EASEMENT AND DEDICATION ULTIMATELY TO ALLOW FOR THAT ROUNDABOUTS.

YOU CAN SEE THAT RED AREA.

THAT WOULD BE THE AREA THAT DOES COME INTO THE SITE AND IT WOULD BE RECONSTRUCTED TO ACCOMMODATE.

AGAIN, THIS IS WHAT IT WOULD LOOK LIKE ON THE SITE PLAN, SO IT DOES DISRUPT A LITTLE BIT OF THE EXISTING DETENTION AND THEN ALSO THE DRIVEWAY AREA.

BUT AGAIN, WILLING TO DO THAT AS PART OF THIS EFFORT.

GOING BACK TO THE ONLINE SALES.

I KNOW THERE WAS SOME ISSUES WHEN THEY WERE FIRST STARTING OUT, THIS WAS IN 2020 THAT RAN INTO MAYBE MID 2022.

THERE WERE STILL KIND OF A LINGERING OF SEVERAL PEOPLE JUST FRANTICALLY BUYING CARS, BUYING EVERYTHING AT THE TIME.

THEY DID HAVE MORE THAN THE 10 CARS ON THERE AT A FEW GIVEN TIMES.

THEY'VE SINCE, FOR ABOUT A YEAR NOW, HAVE REALLY TAPERED THAT BACK.

THERE'S ONLY A COUPLE OF CARS ON THERE THAT ARE FOR SALE.

[02:15:02]

I KNOW IT WAS AN ISSUE THAT STAFF HAD BROUGHT UP THAT THEY WERE GOING ABOVE THAT 10.

THAT'S NOT THEIR PRIMARY BUSINESS, SO THEY'VE TAPERED THAT BACK.

THERE'S NOT THIS FRENZY ANYMORE AND THEY WILL NOT DO THAT ANYMORE MOVING FORWARD.

BASED ON DOING THAT, WE COMMITTED TO THIS QUARTERLY REPORTING.

WE DIDN'T WANT TO PUT IT ON STAFF TO HAVE TO REPORT OR BE MONITORING THEIR WEBSITE TO FIND THIS OUT.

WE'RE TAKING THAT UPON OURSELVES.

QUARTERLY, WE'LL BE PROVIDING THAT REPORT TO THE PLANNING DIVISION TO MAKE SURE THAT THERE ARE NO MORE THAN THE 10 VEHICLES ON THERE.

I WON'T GO THROUGH ALL OF THESE STANDARDS, BUT I BELIEVE STAFF IS IN AGREEMENT WITH THE STANDARDS BEING MET FOR THE SITE PLAN REVIEW.

SORRY, THAT'S ONE THROUGH 12.

AS WELL AS THE CRITERIA FOR THE SPECIAL EXCEPTION.

AGAIN, I WON'T GO THROUGH ALL THOSE, BUT WE HAVE MET ALL THOSE PER STAFF REVIEW AND WE DID HAVE, WITH THESE WIND EVENTS, WE'VE HAD SOME TROUBLE WITH THE SIGN STAYING UP.

WE HAD THIS ON HERE FROM THE PAST P AND Z BECAUSE WE DID HAVE TO REPOST.

BUT WE DID MAKE SURE THAT WE'VE HAD THEM UP THERE.

ONE CAME DOWN, I BELIEVE, OVER THE WEEKEND AND WE HAD IT RE-POSTED RIGHT AWAY ON MONDAY.

WE'VE HAD CONSISTENT POSTING THROUGH THROUGHOUT THE PROCESS.

JUST WANTED TO MAKE SURE THAT WAS UP THERE BECAUSE IT DID COME UP AT THE PREVIOUS HEARING.

ONE THING I JUST WANTED TO MENTION, WILL MCGREEVY'S WITH ME TODAY.

HE'S ONE OF THE PARTNERS OF K2 MOTORCARS, AND HE HAS AN ACTIVE BOARD MEMBER OF THE JUPITER POLICE FOUNDATION.

THEY ALSO GIVE BACK A LOT TO THE COMMUNITY.

THIS ISN'T A BUSINESS THAT'S TRYING TO COME INTO THE COMMUNITY. THEY'RE ALREADY HERE.

THEY'RE DOING A LOT OF GOOD WORK.

THEY'RE DOING A LOT OF GOOD BUSINESS HERE.

THEY WANTED TO EXPAND.

AGAIN, THEY ALREADY OWN THE BUILDING, SO THEY'RE JUST EXPANDING INTO THEIR EXISTING.

THIS WOULD PROBABLY INCREASE THE EMPLOYEES TO ABOUT 10-12, FROM ABOUT 5-6.

IT'S ACTUALLY A DECREASE IN TRAFFIC.

I KNOW THAT CAME UP ON ANOTHER PROJECT.

THERE'S ACTUALLY A DECREASE FROM WHAT IS ALLOWED FOR THE EXISTING APPROVALS.

WITH THAT, HAPPY TO ANSWER ANY QUESTIONS. REALLY APPRECIATE THE TIME.

>> OKAY. THANK YOU. STEPH?

>> GOOD EVENING, MAYOR AND COUNCIL AND STEPHEN MAYER FOR THE RECORD, I HAVEN'T SWORN IN.

JUST A FEW UPDATES OR CLARIFICATIONS.

THE PLANNING AND ZONING COMMISSION DID VOTE, SORRY ABOUT THAT, UNANIMOUSLY.

TO RECOMMEND APPROVAL FOR THIS SPECIAL EXCEPTION.

THEY DID ADD EMOTION TO ADD A CONDITION OF APPROVAL FOR STAFF TO ADDRESS THE SELF-POLICING ISSUE THAT THE APPLICANT JUST MENTIONED.

STAFF DID ADDRESS THAT BY ADDING A CONDITION NUMBER 9, WHICH IS QUARTERLY REPORTING, WHICH WOULD MEAN THAT THE OWNER OF THE USE WOULD HAVE TO GIVE US DOCUMENTATION SHOWING THAT THEY ARE IN COMPLIANCE WITH THE CONDITIONS OF APPROVAL SPECIFIC TO THIS USE.

PLANNING AND ZONING ALSO WANTED TO SHARE WITH YOU THEIR CONCERNS RELATED TO THE APPLICANTS REQUESTED INTERPRETATION OF THE COMPREHENSIVE PLAN POLICY, OTHER FUTURE LAND-USE ELEMENT, WHICH I WILL GET TO IN JUST A SECOND.

BUT THEY ULTIMATELY DO DEFER TO YOUR DECISION ON BOTH OF THE TOWN POLICY DETERMINATIONS THAT ARE IN THE STAFF REPORT.

GOING TO THAT IMMEDIATELY.

ACTUALLY, I WANTED TO ADDRESS ONE CLARIFICATION THAT THE APPLICANT DID PROVIDE IN THEIR PRESENTATION.

THE 40,000 SQUARE FEET THAT WE USED IN THE JUSTIFICATION OF THE INTERPRETATION OF THE PREDOMINANCE.

WE USE THAT BECAUSE IT'S CHANGING FROM MANUFACTURING, 20,000 SQUARE FEET OF MANUFACTURING WITH ANCILLARY OFFICE TO THAT PREDOMINANT INDUSTRIAL USE.

ALL OF THAT IS CHANGING TO A WAREHOUSE USED, WHICH IS ALTHOUGH IT WILL HAVE ANCILLARY OFFICE WITH THE WAREHOUSE USE, THERE WOULD NOT BE ANY MANUFACTURING USE LEFT IN THAT BUILDING.

WE ERRED ON THE SIDE OF THE CAUTION AND USED ALL 40,000 SQUARE FEET IN THE ANALYSIS.

WHAT THE APPLICANT DID PRESENT IS FACTUALLY ACCURATE, BUT IN OUR ANALYSIS AND THE DEFENDANT, WE USED ALL 40,000, SO THERE WOULD BE NO QUESTION AS TO WHAT WE DID.

IN REGARDS TO THIS SPECIFIC POLICY, IT'S POLICY 1.3.13.

IT STATES THAT ADDITIONAL COMPATIBLE USES, INCLUDING OFFICE AND WAREHOUSE, MAY BE PERMITTED IN LAND DEVELOPMENT REGULATIONS PROVIDED THAT A PREDOMINANCE OF THE ABOVE INDUSTRIAL USE USES ARE MAINTAINED.

THOSE USES INCLUDE BIO-SCIENCE, BUT IN TECHNOLOGY RESEARCH,

[02:20:02]

MEDICAL LABORATORIES, WHOLESALE TRADE, AND REPAIR AND CONSTRUCTION OF SERVICES.

BECAUSE WAREHOUSING IS CONSIDERED COMPATIBLE BUT NOT A PREDOMINANT USE, THE APPLICANT DOES NOT MEET THE FULL INTENT OF THE FUTURE LAND-USE POLICY.

BECAUSE THEY ARE NOT, THEY ARE ASKING FOR AN INTERPRETATION.

THE TOWN COUNCIL HAS USED THIS INTERPRETATION BEFORE FOR SIMILAR JUSTIFICATIONS.

EVEN WITH AUTO STORAGE.

FOR EXAMPLE, GRAY MOTOR SPORTS, WHICH I BELIEVE WAS IN 2022.

THAT WAS A SPECIAL EXCEPTIONS WELL OVER 10,000 AND THEY USE THAT INTERPRETATION TO EITHER USE THE ENTIRE PARK OF COMMERCE TO SEE IF THAT WOULD BRING THE PREDOMINANCE OF THE ENTIRE PARK OF COMMERCE BELOW 50%, AND ALSO TOWN WHY? IT WAS ALSO USED FOR CROSSFIT PSI AS WELL AS ORION.

WE DID DO THE ANALYSIS AS THE TABLE SHOWS.

IN BOTH CASES, IN BOTH TYPES OF TESTS.

THE PRIMARY INDUSTRIAL USE DOES NOT GO BELOW 50% IN NEITHER CASE.

ONLY REDUCING THE PRIMARY USES BY 3.8 IN THE PARKER COMMERCE FROM 76 TO 72%.

THEN FOR TOWN-WIDE, 1.3% FROM 53 TO 52% ROUNDING.

IT SHOULD BE NOTED THAT THE FLORIDA STATE LEGISLATURE HAS ADOPTED A LEVEL LOCAL ACT IN 2023, WHICH MAY BE USED TO ALLOW RESIDENTIAL USES ON INDUSTRIAL PROPERTIES THROUGH AN ADMINISTRATIVE SITE PLAN APPLICATION AND NOT REQUIRE A LAND USE CHANGE TO DEVELOP THE PROPERTY AS RESIDENTIAL, PROVIDED THAT THEY DO HAVE THEM MEET THE MINIMUMS OF AFFORDABLE HOUSING.

AS AN UNINTENDED CONSEQUENCE, THIS MAY ALSO DEPLETE THE EXISTING FUTURE INDUSTRIAL USES DUE TO DEPLETION OF THE INDUSTRIAL GLANDS THAT WE HAVE BEING USED OR UTILIZED OR UTILIZING THIS [NOISE], AND THAT IS ONE OF THE ISSUES THAT THE PLANNING AND ZONING COMMISSION WANTED TO MAKE SURE WAS ADDRESSED OR SPOKEN ABOUT.

NOW, THE OTHER ISSUE REGARDS THE USE ITSELF, THE ZONING CODE DOES NOT PERMIT AUTO SALES IN INDUSTRIAL ZONING DISTRICTS.

HOWEVER, STAFF DID FORMALIZE AN ADMINISTRATIVE POLICY IN 2005, WHICH WAS REVISED IN 2007 AND AGAIN IN 2020.

IT LIMITS THE MAXIMUM OF TWO CAR SALES PER ANY GIVEN TIME.

HOWEVER, STAFF IN 2020 APPROVED THE SITE PLAN AMENDMENT AND A ZONING DETERMINATION LETTER, WHICH APPROVED THE USE OF CAR STORAGE WAREHOUSE AT THIS SITE, ALONG WITH THE ACCESSORY WHOLESALE MOTOR VEHICLE WITH A LIMITED ONLINE SALES, AND WE LIMIT IT TO 10 VEHICLES AT ANY GIVEN TIME.

THAT WAS BASED ON A PERCENTAGE OF WHAT IS THE TOTAL NUMBER OF CARS STORED, WHICH WE WERE GIVEN A 100 CARS STORED AT 10% WOULD BE THAT ACCESSORY USE, AND SO THAT'S WHY WE DEVELOPED THE 10 CARS AT ANY GIVEN TIME.

STAFF DOES NOTE THAT WE HAVE DOCUMENTED MULTIPLE VIOLATIONS OF THAT RESTRICTION BETWEEN 2020 AND NOW.

THERE WERE 20 INSTANCES OF THOSE TYPES OF VIOLATIONS THAT WE NOTICED.

I WOULD ADD THAT THE BAN IN 2021, THE WORST-CASE WAS IN 2021, AND THAT WAS 22 AUTO SALES AT A GIVEN TIME.

IN 2022, THE WORST-CASE WAS 11, SO ONLY ONE OVER.

IN 2023, WE DID NOT NOTICE A VIOLATION AND WE HAD BEEN CHECKING SINCE THIS APPLICATION HAS COME IN AND IT HAS NOT GONE OVER 10 THIS YEAR.

TO THAT END, THE APPLICANT [NOISE] DID VOLUNTEER TO USE A QUARTERLY REPORT OR A SELF-POLICING AND HAS BEEN COMMITTED TO DO THAT.

THERE WAS A MENTION OF THE EASEMENT THAT IS A CONDITION OF APPROVAL TO DEDICATE A RIGHT-OF-WAY EASEMENT BASED ON 60% PLANS THAT TOWN HAS RIGHT NOW FOR THE ISLAND WAY, RIGHT AWAY, THE ROUNDABOUT, THAT 60% IS ON THE SITE PLAN AND WILL BE DEDICATED EASEMENT.

[02:25:06]

WE WILL PROVIDE THE APPLICANT A 90% PLAN WHEN WE DO HAVE THAT AND IF ANY CHANGES ARE NEEDED, THEY COULD BE AMENDED ADMINISTRATIVELY TO ADJUST FOR ANY NECESSARY CHANGES BASED ON THE 60% TO 90%.

I WOULD LIKE TO END STAFF'S PRESENTATION AT THIS TIME.

THE REMAINDER OF THE TIME I'D LIKE TO.

>> OKAY.

>> RESERVE THAT.

>> MOVING ON THE COUNCIL QUESTIONS, AND I'LL START ONLY BECAUSE WHAT'S UNIQUE HERE, AND I APPRECIATE THE WAY STAFF FRAMED IT.

YOU SPOKE OF IT, BUT ALSO FROM MY COLLEAGUES AT SUN EXECUTIVE SUMMARY, SECOND PAGE, FIRST SENTENCE IN THE SECOND PARAGRAPH FIRST IN THE THIRD OF THE POWER COUNCIL POLICY QUESTIONS OR DECISIONS WE HAD TO MAKE.

I DON'T REMEMBER IT BEING FRAMED THIS WAY BEFORE, SO ON ANYTHING SO IT CAUGHT MY ATTENTION CERTAINLY AS MAYOR HERE TO LOCATE WE'VE GOT TO MAKE THESE TWO POLICY DETERMINATIONS SO I'LL START WITH THE SECOND ONE FIRST.

[NOISE] FIRST OF ALL, YOU'VE GIVEN US THE RIGHT TO QUESTION OR TO CHANGE THE ADMINISTRATIVE POLICY, THANK YOU.

BUT IT HAS BEEN THE PRACTICE WHAT YOU WERE PRESENTED.

BUT THEN YOU SHARED THAT THERE HAS BEEN HISTORY OF VIOLATIONS THAT WAS ON THIS PROJECT.

>> CORRECT.

>> I APPRECIATE THE APPLICANT COMMITTING, BUT WE'D LIKE TO MAKE SURE THAT WHEN WE APPROVE SOMETHING THAT WE'RE NOT AND I APPRECIATE THE REPORTS BEING ADDED, BUT WE DON'T WANT TO HAVE APPROVED SOMETHING THAT'S DESTINED TO BE A HEADACHE WHEN ENFORCEMENT SO I GUESS THE PERSON ASKED APPLICANT ON THAT ONE SO NOW YOU'RE GETTING DOUBLE, YOU'RE GETTING MORE SPACE, SEEMS LIKE YOU HAVE MORE OPPORTUNITIES TO BE IN VIOLATION.

HOW DID YOU NOT COMPLY AND HOW ARE YOU NOW GOING TO MAKE SURE YOU NO LONGER ARE IN VIOLATION? CAN YOU GIVE US THAT CONFIDENCE?

>> YEAH, SO AGAIN, I THINK IT STEMS BACK, THEY HAD JUST GOTTEN INTO THE LOCATION.

THE TWO MAIN HOLDERS OF VEHICLES THAT WERE IN THE STORAGE FACILITY WERE ACTUALLY TWO OF THE PARTNERS, AND SO WHEN THEY FIRST GOT IN THERE, I THINK THEY HAD COLLECTED A LOT OF CARS AND IT WAS A BIG TIME.

LET'S SELL A LOT OF THESE, LET'S GET THEM OUT OF HERE WE WANT TO MAKE ROOM FOR OTHER FOLKS THAT ARE WANTING TO STORE THEIR VEHICLES.

AGAIN, DURING COVID, THERE WAS A MAD RUSH.

THERE IS BRING YOUR TRAILER, PEOPLE WERE BUYING, I MEAN, BASEBALL CARDS, VEHICLES, EVERYTHING, PEOPLE WERE JUST COLLECTING THINGS BECAUSE THEY HAD NOTHING ELSE TO DO.

I THINK THAT WAS A LOT OF IT.

BASICALLY, IT WAS BAD ON THEIR PART.

THEY DIDN'T REALIZE THE GRAVITY OF IT SO I THINK ONCE WE WERE ABLE TO REIN THAT IN, THOSE VEHICLES WERE MOVED ON.

WHEN WE WERE PROPOSING THIS ADDITIONAL AREA, I ASKED THEM, I SAID DO YOU WANT TO ASK FOR MORE VEHICLES TO HAVE ONLINE? THEY SAID, NO.

WE KNOW WE'RE DOUBLING THE AREA WE DO NOT WANT TO ASK FOR ANYMORE, WE DON'T NEED IT, WE DON'T WANT IT.

THAT'S NOT OUR MAIN BUSINESS MODEL, WE HAVE NO INTEREST IN GOING ABOVE 10.

RIGHT NOW, I THINK THERE'S TWO ON THERE.

I THINK THERE'S TWO OR THREE ON THERE AND THEY DON'T NEED IT.

I WOULD SAY ESPECIALLY AFTER GOING THROUGH THIS PROCESS, UNDERSTANDING FROM P AND Z, UNDERSTANDING YOUR CONCERNS, THIS WILL NOT HAPPEN AGAIN, AND THAT'S WHY WE'RE ALSO COMMITTING TO REPORTING ON IT.

THEY APOLOGIZED, THEY UNDERSTAND, AND THEY JUST WANT TO STORE CARS NOT SELLING.

>> OKAY, THANK YOU.

>> THANK YOU.

>> BACK TO STAFF ON THE FIRST POLICY ITEM.

EFFECTIVELY, DID YOU NOT SAY IN YOUR PRESENTATION THAT EFFECTIVELY WE HAVE MADE THAT DETERMINATION IN THE PAST? SHOULD WE BE CONSISTENT IF WE MAKE THE DETERMINATION AGAIN?

>> WE HAVE MADE THAT DETERMINATION IN THE PAST, THOSE APPLICATIONS I MENTIONED GREY MOTORSPORTS.

>> YEAH AND THAT'S OKAY YOU DON'T HAVE TO GO THROUGH THEM AGAIN YOU SAID, I JUST WANT TO CONFIRM HERE BECAUSE THEN WE'RE JUST USING THE SAME POLICY, IF YOU WILL, THAT WE HAD USED IN THE PAST AND I APPRECIATE YOU'RE FRAMING IT TO US BECAUSE EACH AND EVERY ONE WE SHOULD LOOK AT.

BUT AS IN THE STAFF REPORT AND IN YOUR REPORT HERE, YOU REPRESENTED THAT OVERALL AND IN THE COMMERCE PARK THAT WE'RE STILL FAIRLY CONSISTENT SO THIS IS JUST ONE LOCATION AND I'M MAKING LIGHT

[02:30:02]

OF IT SO THE FACT IS WE'RE CONSISTENT, SO I JUST WANTED TO MAKE SURE WE APPEAR NEW, PARTICULARLY NEWER MEMBERS OR EVEN SOMEONE WHO'S BEEN HERE A LONG TIME, REFRESH YOUR MEMORY WE'VE MADE THIS DECISION, SO WE'RE BEING CONSISTENT.

AGAIN, JUST THE WAY THIS WAS FRAMED NOW, JUST A LITTLE BIT NERVOUS.

ALWAYS WANT TO BE CONSISTENT WITH THE COMP PLANS SO YOU MADE IT A LITTLE BIT EASIER BY SAYING NO, WE'VE DONE THIS BEFORE, IT IS CONSISTENT.

NOW WITH THAT, I TURN OVER MY COLLEAGUES IF YOU HAVE ANY QUESTIONS, BUT THAT WE HAD TO ASK AND DECIDE COLLECTIVELY SO DOES ANYBODY HAVE ANY QUESTIONS ON THIS ONE?

>> I DO. IS THERE ANY ALLOWANCE FOR CARS TO BE STORED OUTSIDE EITHER FROM A V&V STANDPOINT OR THE APPLICANT'S STANDPOINT?

>> WE HAVE A CONDITION THAT THEY SHOULD NOT BE DISPLAYED FOR SALE OUTSIDE.

>> BUT THEY CAN STORE THEM OUTSIDE?

>> THAT'S CORRECT.

>> HOW MANY ARE THEY ALLOWED TO STORE OUTSIDE?

>> YOU'RE NOT ALLOWED TO DO [INAUDIBLE] [BACKGROUND].

I DON'T THINK THESE ARE CREDIT CARDS, YOU TAKE OUTSIDE.

I NEED TO CORRECT MY PREVIOUS STATEMENT.

IN THE CONDITION 3A UNDER PERMITTED USES, NO VEHICLE SHALL BE STORED OUTSIDE THE PRINCIPAL STRUCTURE IN ASSOCIATION EITHER WITH THE WAREHOUSE OR THE ISLAND SALES OF VEHICLES.

>> EXCELLENT. OKAY. ANOTHER QUESTION IS IN REGARDS TO THE ROUNDABOUT, THAT'S GOOD THAT THEY'RE GOING TO DONATE THAT MUCH NEEDED PROPERTY.

I SEE IT AFFECTS THEIR RETENTION POND?

>> YES.

>> HOW IS THAT GOING TO BE RESOLVED?

>> BASED ON ENGINEERING, IF LET'S SAY THAT AT THE LATER POINT THAT WE WERE GOING TO ACTUALLY NEED TO USE THAT LAND AND UTILIZE THAT LAND FOR THE PURPOSES OF THE ACTUAL ROUND ABOUT IN FUTURE PROJECTS ITSELF, IT'S LIKELY IT WOULD BE BEST FOR THEM TO GO AHEAD AND MAKE PROVISIONS TO MAKE SOME MODIFICATIONS FOR THE FUTURE SO THEY WOULDN'T HAVE TO MAKE ANY CHANGES AT THE LATER TIME.

LET'S SAY THAT THE ROUNDABOUT COMES IN, AND NONE OF THOSE CHANGES WERE MADE, THERE WOULD NEED TO BE MODIFICATIONS ON THEIR SIDE.

IT'S MORE THAN LIKELY THAT AS THE PACKAGE WOULD COME THROUGH FROM ENGINEERING WISE, WE WOULD EXPECT THERE TO BE SOME SORT OF MODIFICATION OF THEIR ENGINEERING.

WHEN IT COMES TO THE STORMWATER ITEMS, TYPICALLY UTILITIES WOULD BE THE ONES THAT WE'LL BE REVIEWING THAT, BUT ENGINEERING WOULD STILL LOOK AT THAT PACKAGE AS WELL.

AS FAR AS THE OVERALL ROUNDABOUT ITSELF THERE, WE WOULD SEE IT ONCE THE 90 PERCENT PLANS CAME IN EXACTLY HOW EVERYTHING WOULD BE LAID OUT, WHAT AMOUNT OF HARMONIZATION OR RIGHT-OF-WAY THAT WOULD BE NECESSARY TO FINALIZE EVERYTHING.

>> THAT'S NOT A DEFINITE YET, SO YOU DON'T HAVE THE SPECIFIC NUMBERS.

ARE THERE ENOUGH EXCESS PARKING SPOTS ON THAT PROPERTY NOW TO ACCOMMODATE SEVERAL OF THEM BEING USED FOR POSSIBLE RETENTION IN THE FUTURE?

>> YES. THERE'S EXCESS PARKING ON THE SITE, AND IN PARTICULAR WITH THE USE BEING LOWERED, THEY ACTUALLY HAVE QUITE A BIT OF EXCESS PARKING.

>> ALL RIGHT, THAT'S WHAT I HAD. THANK YOU

>> I HAVE NO QUESTIONS.

>> NO QUESTIONS, ONLY COMMENTS.

>> OKAY, ANY PUBLIC COMMENT?

>> NO, MAYOR.

>> ANY FINAL DELIBERATIONS AND A MOTION?

>> YES. A CAUTIONARY WORD TO THE IDEA THAT THERE'LL BE NO POINT IN THE FUTURE WHERE THIS FRENZY HAPPENS AGAIN.

WHO COULD HAVE PREDICTED THIS LAST FRENZY? YOU MENTIONED PEOPLE HAVING A LOT OF SPARE TIME.

I THINK THERE MIGHT HAVE BEEN A LOT OF PPP MONEY FLOATING AROUND FOR USES THAT IT SHOULDN'T HAVE BEEN USED FOR, BUT THERE CERTAINLY IS THE POTENTIAL, SO I'M GLAD YOU GUYS ARE STEPPING UP FOR SELF-POLICING.

I THINK THAT'S A GREAT IDEA.

THE ELIMINATION OF MANUFACTURING THRILLS ME.

I COME FROM A MANUFACTURING BACKGROUND AT PRATT & WHITNEY.

MANUFACTURING EMPLOYS BAD FLUIDS.

THERE SHOULD BE NO MANUFACTURING ANYWHERE NEAR THE HEADWATERS OF THE LOXAHATCHEE RIVER.

SO GETTING RID OF THIS MANUFACTURING AND REPLACING IT WITH A WAREHOUSE WHERE CARS WILL NOT BE SERVICED, I THINK IS A WIN.

I REALLY LIKE THAT IDEA.

I DON'T SEE A NEGATIVE TO IT.

FOR ME IT'S SOMEWHAT A LOT EASIER THAN THE LAST ISSUE.

THIS IS MORE OF AN EASIER THING TO ADJUST TO.

[02:35:07]

>> I JUST WANTED TO SAY I REMEMBER A FEW YEARS AGO LOOKING AT A PROJECT ON TONEY PENNA AND HAVING THE SAME ANALYSIS DONE, AND WE HAVE LOOKED IN USE THIS ANALYSIS IN THE PAST.

I THINK GOING FORWARD, THE COMP PLAN DOES SAY PREDOMINANCE OF THE ABOVE INDUSTRIAL USES IS MAINTAINED.

NOT FOR THE PROPERTY THAT, THAT TERMINOLOGY ISN'T USED, BUT IT CAN BE MORE BROADLY UNDERSTOOD TO MEAN THE COMMERCE PARK OR THE TOWN.

I'M ACTUALLY PLEASED TO SEE THE PERCENTAGE OF PRIMARY INDUSTRIAL USE AND JUPITER PARK OF COMMERCE, TONEY PENNA, LAST TIME WHEN I WAS LOOKING AT A PROJECT YEARS AGO, WAS SOMETHING LIKE 60%.

TO SEE THIS SO HIGH IS ENCOURAGING.

I THINK WHEN I LOOK AT A PROJECT LIKE THIS IN INDUSTRIAL AREAS, I WOULD LOOK AT BOTH TESTS AND WANT TO HAVE BOTH TESTS PASS.

I ACTUALLY DIDN'T SUPPORT A PROJECT A FEW YEARS AGO ON TONEY PENNA, BECAUSE THE TONEY PENNA PERCENTAGE FOR THAT INDUSTRIAL SECTION ACTUALLY FELL BELOW 50 PERCENT.

THE TOWNS STAYED ABOVE 50 PERCENT, BUT THE TONEY PENNA AREA FELL BELOW.

I WOULD WANT TO GIVE DIRECTION OR JUST STATE MY POLICY THAT IT'S NOT JUPITER PARK OF COMMERCE IF IT DOESN'T HAVE A PRIMARY USE OF THAT, AND THE TOWN OBVIOUSLY HAS THIS PRIORITY FOR THE INDUSTRIAL ZONING.

IT PASSES BOTH TESTS, PASS PLANNING AND ZONING, SO IT IS EASIER. I AGREE.

>> NO COMMENTS. I'LL TAKE A MOTION AND A SECOND.

>> MOTION TO APPROVE.

>> SECOND.

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

>> [OVERLAPPING] AYE.

>> MOTION CARRIES UNANIMOUSLY.

>> THANK YOU SO MUCH. MERRY CHRISTMAS.

>> MOVING ON TO PUBLIC VISITORS.

[14. Art Selection for the New Town Hall.]

ART SELECTIONS FOR THE NEW TOWN HALL.

THIS IS EXCITING. THIS IS EXCITING.

>> GOOD EVENING. WE ARE SO EXCITED AND THANK YOU FOR SAVING THE BEST FOR LAST.

WE ARE SO EXCITED.

I AM SATU OKSANEN AND I'M THE LIAISON WITH THE ART COMMITTEE.

WE ARE HERE TO SEEK APPROVAL FOR THE 52 SELECTED PIECES OF ART THAT THE ART COMMITTEE IS RECOMMENDING.

I HAVE WITH ME, BRENDA NICKOLAUS AND ELIZABETH DASHIELL, AND ELIZABETH IS GOING TO WALK US THROUGH OUR PRESENTATION AND WE WILL NOT TAKE A VERY LONG TIME.

BUT WE HAVE WAITED FOR THIS FOR A LONG TIME, SO I THINK WE CAN GIVE A FEW MINUTES TO CELEBRATE THE ARTS HERE IN THE TOWN.

>> THANK YOU SATU, AND THANK YOU FOR ALL YOUR WORK ON THIS, AND THANK YOU ALL FOR WAITING SO PATIENTLY.

AS SATU MENTIONED, WE PUT OUT A CALL TO ARTISTS, TO LOCAL ARTISTS BACK IN OCTOBER, AND WE REQUESTED THAT TWO-DIMENSIONAL WORKS BE GIVEN TO US FOR CONSIDERATION, AND THEY RESPONDED IN DROVES.

THE CALL TO ARTISTS HAD ENDED NOVEMBER 15TH.

BY THAT TIME, WE HAD 71 ARTISTS WHO HAD SUBMITTED THEIR WORKS.

WE MET NUMEROUS TIMES TO GO OVER EVERYTHING AND TO DISCUSS IT AND ENSURE THAT EACH AND EVERY WORK MET ALL OF THE PARAMETERS.

OUT OF THAT, WE HAD A TOTAL OF 52 WORKS SELECTED.

WE'RE ASKING FOR APPROVAL OF THOSE WORKS WITH THE UNDERSTANDING THAT NOT ALL 52 WILL ACTUALLY BE HUNG IN THE TOWN HALL.

BUT WE WANTED TO HAVE THE BLANKET ACCEPTANCE OF THESE WORKS IN ORDER FOR US TO LOOK AT SIZES, DIMENSIONS, AND SPACE ONCE IT WAS COMPLETED.

I THINK YOU WILL BE EQUALLY IMPRESSED ONCE YOU SEE.

WHILE WE SAY 52, ACTUALLY IT IS 51 BECAUSE THIS ONE IS NON-NEGOTIABLE.

THAT'S A JOKE FOR EVERYONE WHO IS READING THIS LATER.

THIS ONE, OF COURSE HAD A PERFECT SCORE.

WHAT YOU'RE LOOKING AT IS NOT A PHOTO, IT IS IN FACT A PAINTING.

AS I GO THROUGH EACH OF THE WORKS HERE, YOU WILL SEE WE HAVE A BEAUTIFUL MIX OF NOT ONLY PHOTOGRAPHY, BUT AGAIN, PAINTINGS IN DIFFERENT STYLES THAT ALL REFLECT ALL OF

[02:40:03]

THE ASPECTS OF WHAT MAKES OUR BEAUTIFUL TOWN UNIQUELY JUPITER.

WE HAVE A BEAUTIFUL MIX OF COMMUNITY, AS WELL AS A CELEBRATION OF OUR NATURAL ENVIRONMENT, OUR LOCAL WOMB LIFE, AS WELL AS HISTORIC IMAGES.

HERE YOU CAN SEE IT'S PHOTOGRAPHY AND PAINTINGS AS WELL, BUT EACH ONE OF THEM CAPTURE SOMETHING SPECIAL AND DIFFERENT WITHIN THE TOWN.

WE HAVE OUR DOG BEACH WE'RE SO FAMOUS FOR AND SOMEONE SO BEAUTIFULLY CAPTURED IT HERE.

WE HAVE THE LISTING OF THE NAMES OF THE ARTISTS AND THE WORKS, OF COURSE, INCLUDED ON YOUR AGENDA.

WE HAVE OUR DIFFERENT SCORING RANKINGS, SO YOU ARE SEEING THESE IN RANKING ORDER RIGHT NOW.

I AM SURE YOU, AS WELL AS THE REST OF US, ARE JUST COMPLETELY BLOWN AWAY, NOT ONLY BY THE QUALITY, BUT ALSO BY THE DIVERSITY OF THE OFFERINGS WE RECEIVED.

CLICK. NOT JUST HER LIGHTHOUSE, BUT WE ALSO HAVE ONE ARTIST WHO CAPTURED OUR OWN COMMUNITY CENTER.

OF COURSE, I WAS VERY EXCITED ABOUT THAT.

TODAY, UNLESS YOU HAVE ANY OBJECTIONS TO ANY OF THE IMAGES SHOWN, WE WOULD LOVE TO HEAR A UNANIMOUS APPROVAL OF WHAT THE COMMITTEE RECOMMENDS FOR THE NEW TOWN HALL. YES, SIR.

>> I GET THE PRIVILEGE OF GOING FIRST BEFORE ANYBODY ELSE SPOKE.

WE'RE ALL DELIGHTED.

FIRST OF ALL, THAT STAFF AND THE ART COMMITTEE APPROACHED IT THIS WAY.

I HAD NO IDEA UNTIL I GOT MY PACKAGE.

THANK YOU. IT REALLY IS WONDERFUL.

IT'S EXTRAORDINARY THAT WE'RE GOING TO BE GOING INTO THE NEW TOWN HALL FACILITY, AND IT'S BEEN SO PLANNED TO MAKE SURE THAT THERE'S AT LEAST SOME ART TO GET STARTED.

I LOVE IT. THANK YOU.

WHOEVER CAME UP WITH THE PROCESS, I'M SURE IT WAS STAFF AND THE WHOLE COMMITTEE.

YOU MUST HAVE BEEN ENTHUSED GOING THROUGH THIS.

>> ABSOLUTELY.

>> IT WAS EXCITING.

>> THE ONLY QUESTION I HAVE IS, SO I CAN'T IMAGINE THEY'RE ALL GOING TO BE ON THERE WHEN WE GO IN.

ARE THEY? OR I GUESS OVER THE COURSE OF TIME, CAN YOU JUST TELL US A SET EXPECTATIONS HERE.

WHEN WE GO IN THERE, WHEN WE'LL START SEEING THIS STUFF ON THE WALL.

>> WE WANT TO HAVE IT UP WHEN Y'ALL OPEN, THE [OVERLAPPING] 16TH, SO WE'RE HOPING TO GET THE ARTWORK IN AND SEEING IT, WHERE WE'RE GOING TO PUT IT.

WE'RE HOPING THAT THEY GET IT UP PRETTY SOON.

WE'RE GOING TO CALL THE ARTISTS.

>> CORRECT. WE ARE NEXT.

FIRST OFF, THANK YOU FOR WHAT YOU WERE SAYING WITH REGARDS TO THE PROCESS.

IT GIVES ME A CHANCE TO THANK ANOTHER COMMITTEE MEMBER, ARTIST AND MEMBER, SCOTT KLIMEK.

SHE WORKED WITH US ON PUTTING TOGETHER THE OUTLINE OF HOW WE WOULD APPROACH THE STIPEND, THE SPACE.

WE ALL DID NUMEROUS TOURS OF THE NEW TOWN HALL AND WE RECEIVED, OF COURSE, THE DIMENSIONS AS WELL AS COLOR PALETTES, EVERYTHING.

SCOTT WORKED ON THE BREAKDOWN OF HOW WE WOULD SUBMIT THE CALL TO ARTISTS.

I, OF COURSE, HAVE WORKED WITH OTHER MUNICIPALITIES AND WAS ABLE TO GET THE LANGUAGE TOGETHER FOR IT, AND WE, AS A COMMITTEE, CAME TOGETHER AND FINE-TUNED IT TO FIT OUR SPECIFIC LOCATION WHEN WE PUT IT ALL TOGETHER.

IT WAS A GROUP EFFORT WITH SCOTT DEFINITELY BEING ONE OF THE KEY PLAYERS ON THE COMMITTEE WITH GETTING THE ENGINE GOING FOR IT.

WITH OUR NUMEROUS GALLERY EXHIBITIONS THAT WE HOLD THROUGHOUT THE YEAR.

WE OF COURSE, HAVE FINE-TUNED THE CALL TO ARTISTS PROCESS FOR AN EXHIBITION.

THIS WAS JUST GOING THROUGH LOOKING AT OTHER MUNICIPALITIES AND ART AND PUBLIC PLACES PROJECTS THAT SOME OF US HAVE WORKED ON ALREADY.

THANK YOU. WE ARE REQUESTING THAT THE ARTISTS BRING THEIR WORK FOR US TO SEE ON JANUARY 11TH,

[02:45:04]

AND THEN, FOR US TO BE ABLE TO TAKE THE COMPLETED PIECES AS MANY AS POSSIBLE TO HAVE OPEN AND READY FOR THAT RIBBON CUTTING ON THE 16TH. THAT'S OUR TIMELINE.

>> IN ASKING THAT QUESTION, I IMAGINED SOME ARE NOT GOING TO BE THERE, WHICH IS OKAY, [LAUGHTER] SO AGAIN, THANK YOU VERY MUCH.

BUT I WANTED TO GIVE YOU THE OPPORTUNITY TO SAY THAT FOR THE PUBLIC THAT MAY BE WATCHING.

BUT AGAIN, IT'S EXCITING, SO THANK YOU FOR ALL THE EFFORT.

MAYBE MY COLLEAGUES WANT TO SAY ANYTHING?

>> VERY COOL. WELL DONE.

>> WE HAVE A LOT OF TALENTED ARTISTS HERE, AND IT'S AMAZING TO BE ABLE TO SUPPORT THEM IN THIS WAY.

>> INCREDIBLE ARTISTS IN OUR AREA AND THIS IS SUCH A WONDERFUL OPPORTUNITY FOR THE COMMITTEE AND THE TOWN TO CELEBRATE THEM AND APPRECIATE THEM.

WE HAVE SOME BIG NAMES IN THERE TOO, IN THE ART WORLD.

>> IT'S A BEAUTIFUL FACILITY, BUT ART TRANSCENDS.

IT'S A CALMING FORCE.

PEOPLE MIGHT COME IN, THEY'RE A LITTLE IRATE AT ONE THING OR ANOTHER AND YOU SIT IN FRONT OF THEM, ONE OF THESE, WHILE YOU WAIT AND YOU CAN JUST ZONE OUT A LITTLE BIT.

ART IS MAGICAL IN A LOT OF WAYS.

VERY COOL. THAT'S FROM AN ENGINEER.

>> [OVERLAPPING] ENGINEERING IS AN ARTIST AS WELL.

SCOTT HIMSELF IS AN ARCHITECT.

>> TWO DAUGHTERS WENT TO THE [INAUDIBLE] AND TOLD ME OTHERWISE.

[LAUGHTER] VERY COOL. THANK YOU FOR YOUR WORK.

>> I WAS JUST GOING TO SAY GREAT JOB.

I WAS ABLE TO GO THROUGH AND LOOK THROUGH THEM, THEY ALL LOOK AMAZING, SO THANK YOU.

>> [OVERLAPPING] THANK YOU FOR YOUR SUPPORT.

>> THANK YOU.

>> ABSOLUTELY.

>> HOW MANY PIECES WERE SUBMITTED IN TOTAL?

>> HUNDREDS.

>> WE HAVE 72 ARTISTS.

THEN EACH ARTIST COULD SUBMIT AT LEAST MAYBE ONE TO THREE.

>> OKAY.

>> IT WAS VERY HARD.

>> IT WAS FOR THE MOST PART THREE.

EXTRAPOLATING.

THAT WOULD BE ABOUT 200 PLUS, AND WE NARROWED IT DOWN TO THE 52, THE 51 OF WHICH YOU'LL APPROVE.

>> SOME BEAUTIFUL PIECES IN THERE.

SOME REALLY CAPTURED THE ESSENCE OF THE TOWN.

IT'S VERY EXCITING, SO EXCITED TO SEE WHAT THE FINAL OUTCOME WAS GOING TO LOOK LIKE AND GET INTO THAT NEW TOWN HALLS. YOU GUYS MUST BE THRILLED.

>> BEYOND.

>> THAT'S GREAT.

>> WE'RE VERY EXCITED.

>> EXTREMELY EXCITED.

THIS HAS BEEN A LOT OF TIME, A LOT OF MEETINGS, COUNTLESS HOURS, BUT A JOY.

>> IT WON'T BE THANKLESS. THAT'S FOR SURE.

>> I REMEMBER WHEN I WENT TO ONE OF YOUR MEETINGS, I WAS EXPLORING ALL THE DIFFERENT COMMITTEES AND THE ENERGY ON THE ART COMMITTEE.

I THINK YOU REALLY HAVE TO SEE IT TO BELIEVE IT, SO I'M GLAD WE HAD A PROJECT UP TO THE TASK.

[LAUGHTER] IT'S A VERY LARGE PROJECT, HUNDREDS OF PIECES.

I CAN'T IMAGINE THE WORK THAT WENT INTO IT AND JUST THE COORDINATION, THE TEAMWORK THAT WENT INTO THAT, TO MANAGE IT ALL.

I'M REALLY GRATEFUL AND WE REALLY APPRECIATE YOU AND I'M REALLY GLAD THAT WE HAD A PROJECT FOR YOU THAT WAS WORTHY OF THE ENERGY AND PASSION YOU DO HAVE FOR ART.

IT'S A REALLY WONDERFUL FIT ALL AROUND.

>> THIS IS ONE OF MANY PROJECTS THAT WE HOPE FOR THE FUTURE, BUT WE'RE JUST SO GRATEFUL TO HAVE HAD THIS TO WORK ON TOO.

GIVE A BIGGER LIGHT TO OUR LOCAL ART COMMUNITY. SOMETHING CUTE.

>> I DO WANT TO JUST ADD THAT PHOTO IN THE TOP RIGHT.

MY WIFE AND I HAVE OUR ENGAGEMENT PHOTOS TAKEN AT THAT EXACT SPOT, SO THAT'S PRETTY COOL.

I LIKE THAT. [LAUGHTER]

>> I WAS SAYING I REMEMBER THAT NIGHT, THAT PARTICULAR SUNSET.

IT WAS A RARE PURPLE SUNSET. IT WAS REALLY BEAUTIFUL.

>> THE PELICAN, THAT'S KILLER.

THAT'S MY FAVORITE BIRD.

>> THIS IS COMING FROM A PAINTER.

EVEN SHE SAID, ''WOW.''.

>> THAT IS A WOW.

>> IT IS.

>> THAT'S AMAZING. I CAN'T WAIT TO SEE IT LIKE IN-PERSON.

>> ME TOO. THAT ONE IS.

JUST IN CASE.

OR THE SIZES ON THIS ONE.

>> WE'RE GOING TO NEED TO TAKE THIS. WE'VE GOT A LOT OF WALLS TO GO AROUND.

>> 40 BY 30.

>> NICE.

>> YES.

>> THAT'S COOL.

>> MANY OF THESE ARE OF SUBSTANTIAL SIZE, WHICH IS WHY WE REALIZE NOT ALL ARE GOING TO FIT EVERYWHERE.

>> YOU CAN ALWAYS GET IN TOUCH WITH THE ARTISTS.

>> YOU CAN ALWAYS GET IN TOUCH. THE ARTIST IS THERE.

[02:50:02]

BUT WE DO KNOW THAT WITH THIS APPROVAL, IT MEANS POTENTIALLY WHAT PIECES AREN'T ABLE TO GO IN THE TOWN HALL.

IT'S SOMETHING THAT CAN BE CONSIDERED FOR MAYBE OTHER MUNICIPAL BUILDINGS. LIKE WISE.

>> [INAUDIBLE] ACCESS IN PRIVATE OFFICES?

>> THERE IS ALSO A BUDGET.

WE ARE WORKING IN A BUDGET AS WELL.

>> THAT PREVAILS UNFORTUNATELY.

>> YES.

>> ALL RIGHT. THANK YOU AGAIN.

>> [OVERLAPPING] THANK YOU.

>> DOES THAT NEED A MOTION FOR THE APPROVAL OR NO?

>> NO.

>> COOL.

>> [BACKGROUND] UNDER REPORTS, TOWN ATTORNEY.

[TOWN ATTORNEY]

>> I DID WANT TO ADDRESS, BECAUSE I DIDN'T REALLY HAVE AN OPPORTUNITY TO ADDRESS THE AGREEMENT THAT YOU AMENDED WITH JONES FOSTER.

WE THANK YOU FOR THAT.

BUT THERE WERE SEVERAL REMARKS [NOISE] MADE DURING THAT PRESENTATION THAT MIGHT LEAD COUNCIL TO BELIEVE THAT SOME THINGS WERE DONE INCORRECTLY OR THERE IS AN ALLEGATION ABOUT ETHICS, SO A COUPLE OF THINGS.

I JUST WANT TO RUN THROUGH THE LIST SO THE RECORD IS CLEAR.

FIRST OF ALL, MS. [NOISE] VINCENT SUGGESTED THAT WE WERE, WE THE FIRM, WERE SUING THE LOCAL PEOPLE OF JUPITER.

COUNCIL AUTHORIZED THAT LAWSUIT AND WE'RE NOT SERVING THE LOCAL PEOPLE OF JUPITER.

WE'RE SUING A POLITICAL COMMITTEE THAT IS RAISING MONEY TO OPPOSE A DECISION MADE BY THE COUNCIL WHEN THE CAMPAIGN FINANCE REPORTS COME OUT, AND PERHAPS, WHEN WE TAKE A FEW DEPOSITIONS, WE'LL FIND OUT EXACTLY WHO THE SO-CALLED LOCAL PEOPLE OF JUPITER ARE IN THAT REGARD? THERE WAS REFERENCE TO OUR FIRM REPRESENTING BUYER AND SELLER ON THE SAME SIDE OF THE PURCHASE OF THE NEW TOWN HALL PROPERTY.

THE FLORIDA BAR RULES AND ETHICS PERMIT LAW FIRMS TO REPRESENT TWO PARTIES WHO MAY BE ON OPPOSITE SIDES.

IF BOTH PARTIES OBTAIN A WAIVER, IF THE LAW FIRM OF TEAMS AND WAIVER FROM BOTH PARTIES.

PRIOR TO THAT TRANSACTION, WE DID OBTAIN A WAIVER FROM BOTH PARTIES.

I WOULD NOTE THAT IT'S NOT UNCOMMON IN REAL ESTATE TRANSACTIONS, ESPECIALLY FOR A LARGER FIRM TO HAVE TWO INDIVIDUALS FROM THE FIRM THAT ARE REPRESENTING BUYER AND SELLER.

CONFLICT WITH OTHER CITIES.

THERE AREN'T ANY CONFLICTS WITH OTHER CITIES.

IN FACT, OUR REPRESENTATION OF MULTIPLE CITIES IS A BENEFIT TO THE TOWN.

THERE HAVE BEEN SEVERAL INSTANCES OVER THE YEARS WHERE I'VE PARTICIPATED AS LEAD OR CO-LEAD COUNSEL ON SOME ACTIONS THAT THE MUNICIPAL LEAGUE, [INAUDIBLE] COUNTY MUNICIPAL LEAGUE HAS TAKEN.

ONE EXAMPLE WOULD BE, MORE THAN SEVERAL YEARS AGO NOW, WHERE 17 CITIES BANDED TOGETHER TO SUE THE COUNTY OVER THE INSPECTOR GENERAL FUNDING.

MYSELF AND THE CITY ATTORNEY OF WEST PALM, THE CITY ATTORNEY OF BOCA WERE THE PRINCIPAL AUTHORS OF THAT LAWSUIT AND PROSECUTING THAT LAWSUIT, WHICH WAS SUCCESSFUL.

I'M GOING TO RESPECTFULLY SUGGEST TO COUNCILOR SUNDSTROM THAT I DISAGREE WITH BEING LABELED A VENDOR.

I AM A CHARTER OFFICER OF THE TOWN.

LIKE THE TOWN MANAGER, WE ARE BOTH CHARTER OFFICERS.

WE DO NOT BID FOR CONTRACTS.

WE ARE SELECTED BY THE COUNCIL THROUGH AN APPLICATION PROCESS.

I DID NOT LOSE THREE TIMES.

[LAUGHTER] I LOST TWO TIMES.

THE TWO TIMES THAT I LOST, THE FIRM THAT BEAT ME WAS JONES FOSTER, [LAUGHTER] SO I FOLLOWED THE THEORY OF IF YOU CAN'T BEAT THEM, JOIN THEM.

I JUST WANT YOU TO KNOW ABOUT THE FIRMS YEARS OF SERVICE TO THE VARIOUS MUNICIPALITIES THAT WE'VE REPRESENTED AND I THINK IT SPEAKS WELL FOR THE QUALITY OF OUR REPRESENTATION.

[NOISE] GOLF STREAMING WE REPRESENTED FOR 45 YEARS.

THEY EVENTUALLY SELECTED AN ATTORNEY THAT HAD STARTED WITH OUR FIRM AS AN INTERN.

[02:55:07]

[NOISE] IT'S A VERY SMALL TOWN, HE WENT PART-TIME WITH THEM AS THEIR TOWN ATTORNEY, [NOISE] TOWN OF PALM BEACH FOR 43 YEARS.

MR. RANDOLPH, WHO REPRESENTED BOTH OF THOSE CITIES, JUST RETIRED IN JOINING [INAUDIBLE], NOW THE TOWN ATTORNEY OF PALM BEACH.

IT'S 43 IN [INAUDIBLE].

JUPITER, 32 YEARS, JUPITER ISLAND, 27 YEARS, AND LAKE PARK, 21 YEARS.

I WOULD SUGGEST TO YOU THAT THOSE MUNICIPALITIES WOULD NOT KEEP OUR LAW FIRM REPRESENTING THEM IF THEY DID NOT THINK WE WERE DOING GOOD WORK FOR THEM.

I JUST WANTED TO POINT THAT OUT.

TWO BUSINESS ITEMS. SERVICE WAS RETURNED IN THE LAWSUIT AGAINST THE POLITICAL COMMITTEE.

SECONDLY, I'VE BEEN HAVING SOME CONVERSATIONS WITH OUR MEDIATOR IN SUNI SANDS MANOR.

WE ARE GOING TO RECONVENE THE MEDIATION ON JANUARY 11TH.

WE TRIED TO RECONVENE AT THE OF DECEMBER, BUT AS WE ALL KNOW, THIS JUST GETS TO BE A VERY COMPLICATED TERMS OF GETTING SCHEDULES TOGETHER.

I'M GOING TO UPDATE YOU BETWEEN NOW AND JANUARY 11 ABOUT SOME OF THE THINGS THAT WE'VE BEEN ACTIVELY TALKING ABOUT IN TERMS OF THE ATTORNEYS INVOLVED WITH THE MEDIATOR.

IT'S BEEN A VERY GOOD DIALOGUE.

IT'S BEEN A VERY PRODUCTIVE DIALOGUE.

I'M VERY ENCOURAGED BY THE PROCESS THAT WE'RE IN.

I THINK IN THIS CASE, WE HAVE AN AUTOMATED PROPERTY OWNER.

I THINK WE HAVE AN ATTORNEY THAT REPRESENTS SAID PROPERTY OWNER WHO KNOWS.

BUT THIS IS NOT COMBAT, BUT THIS IS IN NEGOTIATION AND I'M VERY GRATEFUL THAT THAT'S THE APPROACH THAT HAS BEEN TAKEN BY MR. [INAUDIBLE] AND HIS ATTORNEY IN THIS.

THEN I WOULD SAY, MERRY CHRISTMAS, HAPPY NEW YEAR AND THANKS AGAIN FOR YOUR SUPPORT.

>> TWO THINGS. NUMBER 1, THANK YOU FOR THE REPORT.

BUT COULD YOU JUST FOR THE RECORD BECAUSE PEOPLE DO, OR ARE PROBABLY STILL WATCHING AND WATCHING ON LATER.

IT REALLY BOTHERS ME THAT THE PUBLIC IS SUGGESTING THAT WE'RE SUING ANYBODY, AND I KNOW THAT'S THE WAY THE LAW WORKS.

[INAUDIBLE] CAN YOU EXPLAIN THE FACT THAT WE'RE SEEKING DECLARATORY JUDGMENTS WHICH SERVE BASICALLY ALL PARTIES?

>> YES. DURING THE COURSE OF OUR RESEARCH, WE ANTICIPATED THAT THERE WAS GOING TO BE [INAUDIBLE] ACTION BROUGHT AGAINST THE TOWN TO TRY AND COMPEL THE ELECTION IN MARCH 2024.

AS WE WENT THROUGH OUR RESEARCH, WHAT WE LEARNED IS THAT IT'S NOT UNCOMMON FOR [NOISE] [INAUDIBLE] ACTIONS TO BE BROUGHT.

THERE IS SOME DISCUSSION BY THE FOURTH DISTRICT COURT OF APPEAL, AND ONE SUCH CASE WHERE THE COURT STRONGLY INDICATED THAT THE CITY IN THAT CASE HAD TAKEN A POSITION LIKE POTATOES.

TAKE A LOOK AT THAT QUESTION WAS [INAUDIBLE] OR UNFAIR IN TERMS OF WHAT WAS BEING ASKED TO THE VOTERS.

THE COURT SAID, WELL, LOOK, WE CAN DECIDE THIS [INAUDIBLE] QUESTION PROPERLY FOR THE CITY TO BE ABLE TO ARGUE THAT IT'S AN ILLEGAL QUESTION, THEY SHOULD HAVE FILED A COMPLAINT FOR DECLARATORY INJUNCTIVE RELIEF.

WE HAD A CLEAR SIGNAL FROM THE COURT AS TO HOW THE COURT WANTS TO RESOLVE THE QUESTION THAT WE ARE NOW GOING TO HAVE RESOLVED.

THAT'S WHY WE ASK YOU TO AUTHORIZE US TO FILE A COMPLAINT FOR DECLARATORY RELIEF.

A COMPLAINT FOR DECLARATORY RELIEF ASKS THE COURT TO DECIDE A DISPUTE BETWEEN TWO PARTIES WHERE THE TWO PARTIES ARE UNSURE OF WHETHER THE PARTICULAR QUESTION IS SOMETHING THAT IS CORRECT IN TERMS OF THE ONE PARTY'S POSITION, AND THE OTHER PARTY'S POSITION.

I KNOW THAT SOUNDS LIKE ALMOST ANY LAWSUIT, BUT DECLARATORY ACTIONS ALSO HELP FOR A MORE SPEEDY TRIAL, IF YOU WILL.

THE SCHEDULING ORDER HAS PUT IT ON A SPEEDY TRIAL.

[03:00:04]

I HAVE TO TELL YOU AND GIVEN THE COURT SYSTEM THAT WE HAVE, WHAT A SPEEDY TRIAL IS, IS PERHAPS, A YEAR FROM NOW, IF IT GOES ALL THE WAY TO A TRIAL, WE WOULD HAVE A TRIAL.

IT'S MORE LIKELY THAT QUESTION WILL BE DECIDED ON SUMMARY JUDGMENT.

>> IS THAT A JURY JOB OR BENCH?

>> BENCH.

>> DO WE HAVE A JUDGE?

>> WE DID NOT ASK FOR A JURY TRIAL.

>> IS THERE A JUDGE? I GUESS THERE'S A JUDGE ASSIGNED.

>> YES.

>> WHO IS IT?

>> REED.

>> OKAY.

>> I CAN'T GET FIRST NAME BECAUSE THE LAST NAME SOUNDS LIKE THE FIRST NAME AND FIRST NAME SOUNDS LIKE THE LAST NAME.

I JUST CALL HIM JUDGE REED.

>> THANK YOU FOR THAT UPDATE.

THIS IS CHRISTMAS. WE'RE BREAKING, AND NORMALLY YOU HAVE A MUSICAL TIE. DID YOU FORGET?

>> OH, NO.

[MUSIC] [LAUGHTER]

>> [NOISE] TOWN MANAGER, REPORT.

[TOWN MANAGER]

>> MAYOR, I'M NOT REALLY SURE HOW I CAN FOLLOW UP THIS TOWN ATTORNEY'S TIE.

JUST A COUPLE OF THINGS FOR ME.

FIRST OF ALL, AND I KNOW THE ART COMMITTEE HAS PROBABLY GONE, BUT I REALLY WANT TO THANK THEM SET TO AND THAT COMMITTEE FOR ALL OF THEIR WORK.

THAT WAS PROBABLY ONE OF THE FEW, ESPECIALLY I'M GLAD THAT PICTURE IS STILL ON THE SCREEN, THAT YOU LOOK AT THE PRESENTATION AND THE ONLY THING YOU CAN SAY IS "WOW".

THAT THERE'S SO MANY PIECES IN THERE THAT ARE JUST REMARKABLE, SO THAT WAS NOT AN EASY LIFT ON THEIR PART AND SO KUDOS TO THEM, AND I'M REALLY EXCITED ABOUT WHAT THAT'S GONNA LOOK LIKE IN THE NEW TOWN HOME.

I WAS OVER THERE TODAY AND, YOU KNOW, KATE AND SEAN AND EVERYBODY BEING SO EFFICIENT THAT WHEN YOU WALK DOWN THE HALLS THERE, THEY'VE GOT SMALLER VERSIONS OF WHAT PICTURES ARE GOING WHERE, AND THEY'VE GOT THEM TACKED TO THE WALL SO YOU CAN GET AN IDEA IN A FEEL FOR WHAT IT'S LIKE.

BUT REALLY I JUST CAN'T SAY ENOUGH GOOD THINGS ABOUT THE THE ART COMMITTEE, THEY REALLY STEPPED UP TO THE PLATE.

COUPLE OF THINGS FOR ME, AND I'M QUIET THROUGH THE WHOLE THING BUT I ALSO WANT TO TAKE THE OPPORTUNITY TO ACKNOWLEDGE THE WORK OF THE TOWN ATTORNEY, BUT I DON'T KNOW, PROBABLY I GET TO WORK WITH TOM PROBABLY MORE THAN ANYBODY ELSE AND WE HAVE HAD WE HAVE HIT THE GROUND RUNNING.. OVER THE LAST TWO YEARS, I DON'T THINK WE'VE HAD A BREAK ON THE CALIBER OF CASES OR ISSUES THAT WE'VE HAD TO WORK TOGETHER ON.

IF YOU REMEMBER, IT ALL STARTED WASTE-MANAGEMENT, THE PBA CONTRACT, ALL THOSE THINGS WERE STILL HANGING OUT THERE AND SO I JUST WANT TO ACKNOWLEDGE TOM'S WORK.

HE'S VERY DEPENDABLE, RELIABLE, THERE'S NEVER A TIME THAT I CAN'T REACH HIM.

WE DON'T ALWAYS HOLD HANDS AND SING "KUMBAYA" TOGETHER, BUT THE REALITY OF IT IS THAT WE GET THE JOB DONE AND TRULY I TRUST HIS DECISIONS AND VALUE THE ADVICE AND DIRECTION THAT HE GIVES AND WE'RE FORTUNATE TO HAVE HIM, SO THANK YOU TOM.

I ALSO WANT TO TAKE, AS WE'RE CLOSING THE END OF THE YEAR HERE, TAKE AN OPPORTUNITY TO THANK THE STAFF.

AS YOU GO COME INTO MY OFFICE, YOU SEE THAT BIG BOARD? WELL, THE CHECKMARKS AND ALL THOSE THINGS THAT WE DO, THAT TO-DO LIST, WE CAN'T GET THERE WITHOUT OUR STAFF.

THEY ARE TRULY AMAZING PEOPLE WHO EVERY TIME YOU THINK YOU'VE GOTTEN THEM TO THE TOP OF THEIR GAME, THEY GO 2, 3, AND 4 MORE STEPS, SO I'D REALLY LIKED TO TAKE THE OPPORTUNITY TO THANK ALL OF THEM.

THEN GOOD NEWS FOR YOU, AS IS TRADITION WHERE WE'RE CANCELING THE JANUARY [INAUDIBLE] MEETING AND ENLARGE PART BECAUSE OF ALL THE SCHEDULES, AND I KNOW MAYOR, YOU'RE GOING TO SAY SOMETHING ABOUT THIS BEING THE LAST MEETING AND SO I JUST WANT TO TELL YOU AS I'M SITTING HERE, I'M THINKING ABOUT, AND I'M SURE ALL YOU ARE DOING THE SAME, FOR 15 YEARS, I'VE BEEN COMING IN AND OUT OF THIS CHAMBER AND IT'S GOING TO SEEM STRANGE NOT NOT BEING IN HERE.

BUT I WANT TO THANK YOU FOR THE OPPORTUNITY.

FINALLY, MERRY CHRISTMAS, HAPPY HOLIDAYS.

I HOPE YOU ALL HAVE A HAPPY AND PROSPEROUS NEW YEAR AND I

[03:05:03]

LOOK FORWARD TO WORKING WITH YOU IN 2024 AND THAT'S MY REPORT, MAYOR, AND THANK YOU.

>> THANK YOU. COUNCIL MAY

[TOWN COUNCIL – LIAISON REPORTS AND COMMENTS]

>> YEAH, THANKS. STAFF, YOU GUYS HAVE DONE A GREAT JOB YEAR OVER YEAR SO AS WE CLOSE THIS YEAR, I JUST WANT TO ALSO THANK STAFF AND EVERYBODY.

I WANTED TO JUST TAKE A MOMENT REAL QUICK FOR THE PUBLIC THAT'S EITHER STILL WATCHING OR GOING TO WATCH TOMORROW.

PLEASE SLOW DOWN AND DRIVE CAREFULLY.

I HAVE RAN MORE CAR ACCIDENTS LATELY IN THIS TOWN, THIS TIME OF YEAR, EVERYONE IS RUSHING AROUND LIKE CRAZY.

WE'VE HAD A BUNCH AND WE'VE HAD SOME PRETTY SEVERE ONES.

I'VE BEEN MEANING TO TALK TO THE TOWN MANAGER ABOUT IT BECAUSE THE LIGHT AT TONEY PENNA AND ALTERNATE A1A, I REALLY LIKE TO GET WITH ENGINEERING AND PROBABLY COUNTY ENGINEERING AND MAKE THAT A PERMANENT LEFT ON GREEN ONLY TURN BECAUSE WE HAD A VERY SEVERE ACCIDENT THE OTHER DAY WHERE A FOUR-YEAR-OLD WAS SEVERELY INJURED AND THANKFULLY, HE'S GOING TO MAKE IT HE'S GONNA BE FINE.

BUT HE GOT TRANSFERRED DOWN TO ST. MARY'S BUT IT WAS JUST A BAD ACCIDENT.

WE'VE HAD FOUR, I THINK.

WHAT WE FOUND OUT THIS YEAR THAT RESULTED IN EITHER SEVERE BODILY HARM OR FATALITY SO I'D LIKE TO GET THAT INTERSECTION CHANGED UP.

I KNOW YOU'VE HAD A LOT GOING ON AND HAVE BEEN BUSY AND STUFF AND I HAD BEEN TOO SO I HAVEN'T BEEN ABLE TO SPEAK TO YOU ABOUT IT.

BUT WHILE I WAS THINKING ABOUT IT, I JUST WANTED TO GET THAT ALL. JUST REMINDING YOU OF THE. [OVERLAPPING]

>> THE TOWN ENGINEER RIGHT AWAY.

>> YEAH. JUST PLEASE SLOW DOWN WHEN YOU GUYS ARE DOING YOUR HOLIDAY SHOPPING AND EVERYTHING LIKE THAT AND JUST MERRY CHRISTMAS AND A HAPPY HOLIDAYS, EVERYBODY.

>> COUNCIL SUNDSTROM.

>> IT'S PAST MY BEDTIME, SO I HOPE I STILL MAKE SENSE.

BUT TOWN ATTORNEY, THANK YOU SO MUCH FOR YOUR CORRECTION.

I WAS TRYING TO GIVE YOU A COMPLIMENT BUT IT'S EVEN MORE OF A COMPLIMENT, SO IT'S WONDERFUL.

[INAUDIBLE] I LOVED THAT ACTUALLY, SO THANK YOU FOR EVERYTHING.

I REALLY AM VERY GRATEFUL FOR YOUR ADVICE, YOUR COUNCIL, YOUR MENTORSHIP IN SOME WAYS.

I'M VERY GRATEFUL SO THANK YOU.

I'M ALSO VERY GRATEFUL TO STAFF.

IT HAS BEEN A YEAR, HASN'T IT? SO JUST THANK YOU.

IT'S SENTIMENTAL WITH THE LAST MEETING.

I SEE SOMEONE'S STILL IN THE AUDIENCE, SO I DO MY QUICK THING, I'M GOING TO MAKE IT VERY QUICK TONIGHT, BUT I AM GOING TO ANSWER A COUPLE OF QUESTIONS ON FIRE AND ONE IS NEW STATION ZERO AND BUDGETED SITUATION ZERO, YES.

BUT THOSE ARE NEW CATEGORIES OF EXPENSE ADDED TO THE CONTRACT SO THERE WOULD BE THE EXPECTATION THAT IF YOU'RE GOING TO ADD A CATEGORY OF EXPENSE, THAT THERE WOULD BE EXPENSES IN THE FUTURE.

TO THE PARK, WE'VE BEEN MEETING AND I CAN'T ANSWER EVERY QUESTION THAT'S POSED BECAUSE I'M ONE AND STAFF.

I'M GRATEFUL FOR ALL THE NEIGHBORHOOD MEETINGS WE HAVE BECAUSE WHEN WE HAVE A NEIGHBORHOOD MEETING, STAFF CAN SPEAK AS WELL AND THEY'RE VERY HELPFUL AND WE WERE ABLE TO SPEAK WITH INDIAN CREEK AND I WAS REALLY GRATEFUL TO DO THAT AND WE'LL BE DOING THAT AGAIN IN THE FUTURE.

WE DID MAKE A POINT TO DO THAT AMONG ALL OF OUR NEIGHBORHOOD MEETINGS AND THE RECEPTION THERE WAS WAS POSITIVE.

I KNOW IT'S VERY PRELIMINARY.

WE DO NOT HAVE A REPORT, I DON'T HAVE, WE ALL HAVE THE SAME INFORMATION.

MORE INFORMATION WILL BE MADE AVAILABLE IN JANUARY.

BUT THE DEDICATION OF THIS COUNCIL AND STAFF TO PARKS AND TO GREEN SPACE, I THINK IS VERY WELL KNOWN, HAS BEEN DOCUMENTED OVER THE YEARS AND THE INVESTMENT GOING INTO ALL OF OUR PARKS RIGHT NOW, WE'RE UPDATING ALL OF OUR PLAYGROUNDS.

WE HAVE A PARK MASTER PLANNING EFFORT UNDERWAY.

THERE'S GOING TO BE PUBLIC INPUT IN JANUARY, AT LEAST.

THAT MAY HAVE BEEN CHANGED BUT THAT WAS THE LAST I HEARD WHEN I MET WITH THE CONSULTANT THAT'S COMING IN TO LOOK AT ALL OF OUR PARKS AND RECREATION AND LEVELS OF SERVICE.

THERE IS AN ENORMOUS EFFORT UNDERWAY TO LOOK AT RECREATION AND TO INVEST IN IT AND I WANT TO MAKE SURE THAT PEOPLE ARE AWARE OF THAT SO WE'RE ALL IN AGREEMENT THAT RECREATION IS IMPORTANT, AND THERE'S A LOT BACKING THAT UP.

I THINK I'LL STOP THERE, THAT'S ALL I'VE GOT.

>> VICE MAYOR.

>> I AGREE WITH EVERYTHING SO FAR COUNCILOR MAY.

I'M ON THE ROAD ALL DAY AND FIRST RESPONDERS ARE FROM WEST PALM UP TO HERE, STUART; THEIR AMBULATORY SERVICE FLYING ALL OVER THE PLACE.

EVERYBODY, IN YOU'RE RIGHT, SLOW DOWN.

I'VE SEEN SOME ACCIDENTS, AND IT'S JUST EVERY INTERSECTION IS JAMMED.

PEOPLE ARE GETTING IMPATIENT, BUT IT'S THAT TIME OF YEAR, BUT HOPEFULLY, EVERYBODY CALMS DOWN A LITTLE BIT.

COUNCILOR SUNDSTROM, I AGREE WITH ALL YOUR POINTS REFERRING TO THE IMAGINATION STATION PARK.

I THINK IT'S A GREAT PLACE FOR A STATION; IT'S A GOOD INTEGRATION OF FIRST RESPONDERS AND KIDS.

[03:10:02]

THERE'S SOME ANXIETY ABOUT NOISE AND THINGS, BUT I THINK THAT CAN BE TAKEN CARE OF.

MOST OF ALL, I JUST WANTED TO THANK STAFF.

IT'S BEEN A LONG YEAR. IT'S BEEN ONE OF THE BUSIEST YEAR SINCE I'VE BEEN HERE.

BIT OF A TOUGH YEAR, BUT ALSO, WE'VE DONE SOME GREAT THINGS ALSO.

I WANT TO THANK FRANK, OBVIOUSLY, AND TOM.

GLAD YOU'RE STAYING ON BOARD, AND YOU DESERVE WHAT YOU'RE GETTING.

I REALLY WANT TO THANK MY COLLEAGUES.

WE DON'T ALWAYS AGREE; WE HAVE IT OUT ONCE IN A WHILE, BUT THERE IS ALL MUTUAL RESPECT, AND I'M PROUD TO WORK WITH ALL YOU FOLKS.

ANYWAY, MERRY CHRISTMAS, HAPPY NEW YEAR, AND WE'LL SEE YOU NEXT YEAR IN THE NEW BUILDING.

>> COUNSELOR FORE?

>> YES, VERY NICE SO FAR.

IT IS REALLY NICE WORKING WITH ALL OF YOU. IT'S VERY NICE.

ALL OF YOU. I WANT TO START WITH TOM.

I SAID BRIEFLY BACK DURING THE PREVIOUS DISCUSSION, AS A FORENSIC ENGINEER, I'VE WORKED WITH, I THINK IT'S CLOSER TO 300 LAW FIRMS NOW.

BUT A LOT OF THE LITIGATION IS REDUNDANT; THERE'S NOT MANY NEW ISSUES.

MR. BAIRD'S FOR US WITH SOMETHING NEW EVERY TIME; THERE'S NO REAL PARADIGM TO LOOK AT HOW TO SOLVE THIS PROBLEM.

AND HE'S DOING IT WITH WHAT APPEARS TO BE EASE.

I THINK THAT'S PROBABLY YOUR PERSONALITY THAT MAKES IT LOOK LIKE IT, BUT YOU'RE DOING A TON OF WORK AND BEHIND THE SCENES. BUT YOU'RE ALWAYS THERE.

THAT'S REALLY BENEFICIAL TO ME, AND I THINK THE STAFF.

I DON'T SEE HOW HE COULD POSSIBLY DO BETTER.

QUITE FRANKLY, I THINK THE RATES A LITTLE LOWER THAN WHAT IT PROBABLY SHOULD BE.

MY EXPERIENCE WITH OTHER ATTORNEYS, WITH TOWN ATTORNEYS A DIFFERENT THING BECAUSE OF THE FIDUCIARY NATURE OF TOWNS I GUESS, BUT YOUR WELL-WORTH THE MONEY, I THINK, IN MY OPINION.

DEFINITELY. SECOND, I REALLY WANT TO SAY, THANK YOU, MR. TOWN MANAGER. THANK YOU VERY MUCH.

AMAZING. I REALLY THINK THE TOWN IS IN A SUBSTANTIALLY BETTER POSITION NOW THAN IT WAS BEFORE YOUR ARRIVAL AS TOWN MANAGER.

OF COURSE, YOU WERE EXCEPTIONAL AS OUR CHIEF, AND NOW WE'VE GOT ANOTHER EXCEPTIONAL CHIEF IN THE BACKGROUND HOVERING.

BUT I REALLY WANT TO THANK YOU AND APPLAUD YOU FOR YOUR WORK AS TOWN MANAGER.

THANK YOU VERY MUCH. THE STAFF, DID YOU SUGGEST THEY PUT SMALL PICTURES UP IN THE PLACE OF WHAT WAS THAT IMPROMPTU?

>> NO, I DIDN'T, AND THAT'S WHAT I SAY ABOUT THESE FOLKS, THEY ARE ALWAYS TWO, THREE, FOUR STEPS AHEAD.

I WISH I COULD TAKE CREDIT FOR THAT BECAUSE I THINK IT'S A GREAT IDEA, BUT NO, THAT WAS THESE FOLKS.

>> MORE OF WHAT RONALD REAGAN SAID, ''IF YOU HIRE THE BEST PEOPLE YOU CAN POSSIBLY HIRE AND DELEGATE THE COMPLETE AUTHORITY.

YOU HIRE THE RIGHT PEOPLE AND THEY DO THE SMALL DETAILS IN A GREAT WAY.'' EXCEPTIONALLY GOOD TEAM AND IT MAKES A DIFFERENCE.

OUR TOWN IS SIGNIFICANTLY BETTER BECAUSE OF OUR STAFF.

BEFORE, I THINK SOME OF US WERE ACCUSED OF HIGH-FIVING EACH OTHER.

I WANT TO REITERATE, I'M VERY PROUD TO WORK WITH ALL OF YOU, BUT I REALLY LOVE WORKING WITH OUR STAFF.

JUPITER HAS NO IDEA HOW LUCKY THEY ARE TO HAVE THIS STAFF.

SO THANK YOU ALL VERY MUCH. TRULY MEAN THAT.

ONE MORE SERIOUS NOTE, THERE WAS AN ISSUE ABOUT THE PARKS BEING USED FOR A FIRE STATION.

AND WHEN I FIRST HEARD THAT, I WINCED.

I WENT, "WE'RE USING A PARK TO DO THAT.'' BUT IF YOU LOOK AT THE AERIAL OR THE RENDERING OF HOW THEY'RE ACHIEVING THIS, THEY'RE GETTING THE PUBLIC PARK IN OFFICE CENTRAL, WHICH IS A VERY DANGEROUS ROAD TO EXIT FROM, PUTTING OUT AROUND THE CORNER WITH A MUCH SAFER ENTRANCE.

THEY ARE USING A SMALL PORTION OF THE PARK; IT'S TRUE.

BUT THEY'RE GREATLY IMPROVING THE PARK.

A MUCH BETTER JOGGING TRAIL AND OTHER FEATURES THAT I THINK WILL MAKE THE TOWN HAPPY AND MAKE THE PARK THAT SHE WAS HOPING WE WOULD HAVE AND KEEP HAVING.

I THINK IT'S GOING TO BE A BETTER PARK THAN IT IS NOW.

I HAVE FULL FAITH THAT'S GOING TO BE PULLED OFF PROPERLY.

AND AS A BONUS, WE'RE GOING TO HAVE A FIRE STATION RIGHT NEXT DOOR TO A PARK, WHERE THAT'S WHERE I WANT THEM TO BE.

NEXT TO WHERE KIDS MIGHT GET HURT.

IT'S A GREAT IDEA THAT SOMEBODY IS GOING TO BE RIGHT THERE ON THE SPOT.

I'M VERY HAPPY ABOUT THAT.

TO THE ACCIDENTS.

I'M A FORENSIC ENGINEER.

THAT'S WHAT I DO WITH ATTORNEYS A LOT IS TESTIFYING.

I'M AN ACCIDENT RECONSTRUCTIONIST.

YOU RUSH TO THE SCENE AND HELP THEM AND I APPLAUD YOU FOR THAT.

I TRIED TO FIGURE OUT WHAT WENT WRONG.

WHAT WAS THE CAUSATION OF THAT? AND I WANT TO GIVE EVERYBODY A TIDBIT THAT I GIVE ALL MY FRIENDS AND FAMILY.

WHEN YOUR LIGHT TURNS GREEN, THAT MEANS NOTHING, BASICALLY.

THAT MEANS YOU HAVE THE LEGAL RIGHT AWAY.

THAT DOESN'T MEAN YOU REALLY SHOULD GO.

THERE'S A TWO-SECOND ALL-RED.

THE ALL WHITES ARE RED AT THE SAME TIME.

WHEN YOU SEE YOUR GREEN LIGHT, LOOK TO THE LEFT AND GO 1,001, LOOK TO THE RIGHT AND GO 1,002.

TAKE TWO FULL SECONDS TO DO THAT,

[03:15:02]

BECAUSE THE MAJORITY OF COLLISIONS I DO ARE IN INTERSECTIONS, AND THE MAJORITY OF THOSE ARE WITHIN THE FIRST TWO SECONDS OF THE LIGHT CHANGE.

SO EVERYBODY TAKE TWO SECONDS.

LET THE LIGHT CHANGE, TAKE A BREATH.

LOOK AROUND REALLY CAREFULLY, AND KEEP YOUR MIND ON DRIVING UNTIL YOU GET TO YOUR HOUSE.

IT'S NOT A FALLACY OR MILK THAT MOST ACCIDENTS OCCUR WITHIN TWO MILES OF YOUR HOUSE.

IT'S A FACT BECAUSE NOW YOU'RE ON AUTOPILOT AND YOU'RE STARTING TO DO THE TASK YOU'RE GOING DO AT HOME.

DON'T SHOP WHILE YOU'RE STILL DRIVING.

GET YOUR MIND INTO DRIVING, AND LET'S REDUCE THESE FATALITIES.

AGAIN, IT'S BEEN A VERY BIG PLEASURE OF MINE AND HONORED TO WORK WITH ALL OF YOU.

I LOOK FORWARD TO NEXT YEAR.

MERRY CHRISTMAS, HAPPY HOLIDAYS TO EVERYBODY. THANK YOU.

>> IN CLOSING, FIRST OF ALL, I WANTED TO JUST IN A TRADITION THAT MANY MAYBE HAVEN'T KNOWN IS, MR. BAIRD AND I HAVE A TIE CONTEST IN DECEMBER.

I ALWAYS LET HIM WIN THE MUSICAL ONE.

I DON'T HAVE A MUSICAL TIE, BUT I WOULD SUGGEST, WHO'S GOT THE FUNNER TIE? [LAUGHTER] CHEERFUL.

>> DON'T YOU SING?

>> CHEERFUL. [LAUGHTER] NO, SERIOUSLY.

THIS IS A REALLY SPECIAL EVENING TONIGHT.

TONIGHT'S TOWN COUNCIL MEETING IS ONE TO REMEMBER AND FEATURES OUR LAST TOWN COUNCIL MEETING IN THIS BUILDING.

AS OUR NEXT TOWN COUNCIL MEETING ON JANUARY 16TH IS GOING TO BE HELD IN NEW TOWN COUNCIL CHAMBERS IN OUR NEW TOWN HALL BUILDING.

THIS BUILDING OPENED IN 1981.

AND THESE TOWN COUNCIL CHAMBERS HAVE BEEN THE HOME OF TOWN STAFF, TOWN COUNCIL, AND MEETINGS FOR 42 YEARS.

NOW WE LOOK FORWARD TO THE FUTURE AS THE TOWN MOVES INTO A NEW BUILDING THAT WILL SERVE US FOR MANY DECADES TO COME.

I'M SO EXCITED ABOUT THE NEW BUILDING BECAUSE I DO BELIEVE IT'S A MUCH BETTER FIT FOR TOWN STAFF.

AND THE WAY IT'S SET UP IS IT'S MUCH BETTER FOR SERVING THE PUBLIC.

WE CLOSE TONIGHT'S MEETING.

I WOULD LIKE TO TAKE A MOMENT TO THANK ALL TOWN COUNCIL MEMBERS WHO HAVE SERVED ON THIS DAIS, AS WELL AS THE VARIOUS COMMISSIONS WE HAVE.

THOUGH NOT EVERYONE HAS AGREED WITH THE DECISIONS THAT HAVE BEEN MADE OVER THE YEARS, I'M CONFIDENT THAT EVERYONE WHO SAT ON THESE SEATS DID SO WITH THE BEST OF INTENTIONS.

I WOULD ALSO LIKE TO THANK THE COUNTLESS NUMBER OF TOWN STAFF MEMBERS WHO HAVE SERVED OUR RESIDENTS, VISITORS, AND BUSINESSES SO FAITHFULLY WITHIN THESE WALLS.

TO OUR CONE STAFF, I KNOW YOU WILL CONTINUE TO SERVICE THEM EVEN BETTER IN OUR NEW TOWN HALL COMPLEX.

WITH THAT, I OFFICIALLY ADJOURN THIS MEETING, HAPPY HOLIDAYS AND HAPPY NEW YEAR TO EVERYONE.

[NOISE] [APPLAUSE]

* This transcript was compiled from uncorrected Closed Captioning.