Town Council - Regular Meeting

Good evening.

The time is now 7 p.m.

And I'll call to order the town council meeting of Tuesday, July 21st, going to begin with an invocation, followed by a moment of silence, and then the Pledge of Allegiance. If all those that are able, please join me in standing.

Let us pray. Almighty God, we are grateful to be able to serve this wonderful community. Grant us open minds to hear differing viewpoints, humble hearts to seek common ground, and the wisdom and courage to make decisions that reflect the values and hopes of our community. In all that we do, may grace and peace be with us all. Amen. We'll now pause for a moment of silence.

Please join me in the pledge.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

May we have a roll call, please?

Mayor Koretsky. Here. Vice Mayor Choi. Here. Counselor Delaney.

Here.

Counselor Geisinger.

Here.

Counselor Sundstrom. Here. Town Manager Kitzero.

Here.

Town Attorney Baird.

Here. Okay, we begin tonight we have a trim public hearing and I'll turn it over to the staff. Okay, while we're waiting for that, I just want to recognize Deputy Chief Shaw, our Fire Department Deputy Chief Shaw's son is here earning his merit badge. If he could just stand up and be recognized. Thank you. And Mr. Reynolds, we're on your agenda item.

I do apologize.

That's okay. It doesn't matter. Welcome.

Again, I do apologize. My wife is not feeling very well this evening, but Scott Reynolds, CFO for the town of Jupiter, Okay. Scott Reynolds, the CFO for the town of Jupiter. This evening, I'm here to present the truth and millage, or so-called trim, for the FY27 budget. The property valuations have increased by 6.4% going into FY27. You can see there it's... $1.2 billion increase over FY26. What we like to point out each year is the new construction number. It's less than 1% increase. The town has always heavily relied on the valuation increases each year, so that accounts for 5.64% of the overall valuation increase. One of the highlights is that we're going to be talking about this evening is the millage rate that we're proposing. Also includes the Jupiter Fire Rescue for the first year. You can see we've estimated that there's going to be an approximate $10 million savings to the taxpayer starting in year one, even with the rate that is being proposed. You can see on this slide the general operating millage of 2.3894. The proposed portion of that rate that would fund the fire portion would be 1.1992 for a total proposed millage of 3.5886. But this is very significant. We've been working towards this over the last three years. First year of savings for the Jupiter residents is estimated to be $10 million. The other item that we need to discuss this evening is the rollback rate. This year's rollback rate is 2.2705 with the proposed rate of 3.5886 would bring in approximately $70 million, just over $70 million. The proposed rate over rollback brings in an additional $25.8 million. One of the things I wanted to talk about in relation to that rate is the percentage increase over the rollback, which is 58% increase, which is highly unusual, but it's due to the bringing on of the Jupiter Fire Rescue. The other thing that we show every year, and specifically this year, we wanted to highlight was how this rate is going to impact the residents. We show on this slide a $750,000 home, a $500,000 home and a million dollar commercial piece of property, homesteaded and non homesteaded. One thing that we've added in this slide, I know there's a lot of information here. But we wanted to include the Palm Beach County fire rescue rate, the MSTU of 1.7251. That was assessed in FY 26. So you can see here it's going away, going into 27. So you see that difference in the millage and the increase, which accounts for the Jupiter Fire Rescue of 1.1992. But then going down into the actual tax bill, what that's going to look like, you can see the Palm Beach County Fire Rescue will not be charged next year. That's the highlighted zero amount in FY27. And then the total overall savings of $287 for the homesteaded property at $750,000, and then $182 for the $500,000 home that's homesteaded. The commercial property, you can see at $260,000 at $1 million. When you look at the non-homesteaded property, you can see a little bit smaller of a savings because they're non-homesteaded. You can see at the $750,000 home $135 and then the $500,000 house is just over $60. So what we're asking for this evening is council's authorization of resolution 92-26 which will set the trim millage rate of 3.5886. This is required for reporting to the state of Florida and the property appraiser tax collector and also setting the date of the first public hearing of September 8 of 2026. If authorized, all the property tax owners will be notified via the trim notice that goes out in August. And once authorized for advertising, the proposed rate will go down. And we can and cannot be increased without re advertising to the residents. But you can always go down on the rate going up, we would require re advertising and the whole process over again. Again, I do apologize for being late, Mayor, but are there any questions?

Do we have any public comment?

No, sir.

Okay. Any questions from the council?

I just want to be clear for our residents, even with this proposal that you're coming forward with on the millage rate, we are still going to be less with the fire department included.

Yes, ma'am.

Thank you.

Anything else?

Yes, I have a question. Can I speak briefly about Senate Bill 4S? So we have a millage that we're proposing here, but what will be the vote required to achieve this millage down the line in terms of our budget discussions in September? Can you explain the bill and what's changing this year?

One of the things, the significant changes in the legislation that you're speaking of is that the growth in personal income was taken away, which basically uh keeps the rollback static and that is your maximum millage so the rollback rate we just showed there that would be your maximum millage that you can vote on at a just a major simple majority vote if you go up to 110 percent of that rate i do have that number that's okay i've got it with me but just in theory conceptually

If we go 110% over, we would need how many votes?

That would require four of the five to vote for that. And anything over that would require a unanimous vote of the council. That's always been in play, whether the change in legislation occurred or not, because of the growth in our millage rate, even under the old rules, would have required a unanimous vote of the council.

So can I understand that before it used to be that with a simple majority, it was about the millage rate. We could keep the millage rate the same. What changes this year is that we can keep the dollar numbers the same with a simple majority. But if the dollars go up above 110%, it requires a greater majority. And then beyond that, it needs a unanimous vote.

Unanimous.

Okay. Thank you.

Any questions?

No question but a comment. I appreciate what the town has been able to do as far as keeping the general operating fund, CIP, millage at the 2.3894. I think that's been holding steady for the last two to three years, so that's good news for the town residents. And also, that 1.992 mills for the Jupiter fire rescue, does represent, just so everybody knows, a .5307 millage decrease over what we could potentially be paying Palm Beach County. So that's where we get the $10 million savings. Is that correct?

That is correct, sir.

Okay, thank you. No further questions.

A few questions. I had sent those in earlier today. I don't know, Mr. Reynolds, if you were in to see my email.

I did see it, yes.

Okay. What would be the incremental savings equivalent millage rate to the non-advorm tax fee?

That would be 1.3080. That's the 1.3080.

As opposed to

the 1.1992 for the fire portion.

Okay.

That would increase to a total millage to fund the town plus the fire rescue of 3.6974. 3.6974? Correct.

Okay, so realizing that on the last day we act, we have to have a unanimous decision on the millage rate, I'm gonna just ask my colleagues to consider, if they will, proceeding with a term notice millage rate which would be the 3.6974 in the event we were to reach agreement on not having the non-advalorant fire tax fee in 27 and putting it off until fiscal year 28. To me, that makes a cleaner case and is more consistent with what we had represented to the public because basically the millage rate, even at that millage rate, is going down more than 9% in total to what it was last year. So I'll repeat that if you take last year's millage rate for the town and millage rate for Palm Beach County Fire Rescue, if we were to do a trip notice to the 3.6974, which is the upper bound, we can lower. It's more than a 9% reduction in the tax rate, making it very clear every single property that gets in the town that pays a property tax, it's the same, you know, percent reduction in millage rate across the board. Also on that note, I do believe it is appropriate that the resolution be amended to include the unique set of circumstances that the town finds itself in. It is not included in the resolution. I don't want this to end up somewhere and somebody's trying to take the task, the town, for increasing the millage rate under the historical town millage rate where what we're now doing is in having create our own fire department We're eliminating the MSTU. I know you know all this. I'm kind of emphasizing this for the public. So that MSTU for the county goes away. It's a rate we contracted at. And now I do believe that should be in the resolution, I guess, as a whereas clause or something. So it's very clear. Otherwise, it kind of implies like, you know, we're increasing the weight and we're making no mention of that. Well, we all know it up here. So that's an easy add, regardless of what happens on the millage trim cap. But go into the non-atom form and make sure it's clear to everybody. I am thrilled, delighted that the creation of the Jupiter Fire Rescue Department is leading to the nine plus percent reduction in millage rate, $10 million. I mean, that's almost what the first year of the Save Our Homes Tax Amendment is. So we're doing what we should always be doing without any nudge by the legislators or governor. So I'm supportive of that. And one way or the other, we're going to have to find a way to make sure that we're fully funding that. But I still continue to have an issue with the premium that is the basis of the non-Avalon fire tax. And I've said this every time I've opposed, but I just want to repeat on the record. The town's consultant that we hired to establish the fire tax calculation basis included two items that I don't agree with. Usually, as an elected official, these would be policy decisions that we could have acted upon. In this case, unique to establishing a fire tax, a study was done. The first time we learned how it was going to be calculated, we also learned that it was take it or leave it. We couldn't act on any changes. But as an example, number one is I made the case that once we saw what the rates were, that they were unfair in my view, in a minority perhaps, with the rate being on a per square foot basis that... increases the larger the residence is. So I know this was mentioned I think at the last meeting that we discussed this that gee it makes sense that if you have a thousand square foot home and you have a 40,000 square foot home not that we have many of those in Jupiter but if you were to use that example it's fair that a 40,000 square foot home would pay a higher amount. don't disagree despite the fact that no other municipality does it that way but I'd be fine with that but that would mean that the 40,000 square foot home if we have in fact one in that category I don't know you'd expect 40 times the non-assessment fee and it's 80 times So there's an unfair scale up that affects homes in a much, much more common square foot range, which I've disagreed with. The consultant also chose to establish the single family house fee based on total square footage, including porches, balconies, and garage, whereas on townhomes and condos, they choose to use air conditioned space. And initially there was maybe some confusion that's all that was available. But as I reported in this council before, I looked and there's 15 different neighborhoods that have townhomes or condominiums. that demonstrate the widespread disparities between single-family homes, and I could rattle them off, but I've said them before, so just for brevity, I'm not going to, but widespread areas that because one owns a townhome, they pay a smaller fee because the fee was based on air-conditioned space. Whereas single family home with the same exact square footage pays a premium. The premiums on the cases that I found, which I consider unfair premiums, range from 44% to 67% higher. In good conscience, I'm not just not going, I'm going to continue to oppose this right up to the day. that either I've lost the opportunity to influence or we established a budget and the non-advorm fire tax fee is cast in concrete. I'm just appealing to my colleagues to consider going with the higher trim notice at this point in time. Obviously, if you decide not to, then that eliminates one option to reach a unanimous decision. There is another one I have in mind.

any event.

So I turn it to my colleagues for, do I get any support to go with the, uh, not to act on the non non ad valorem fire tax fee tonight, but to act on the trim notice that goes out because you can't go higher than that. And if we were to get agreement to eliminate the fire tax fee, then the, the, uh, uh, property tax fee being totally ad valorem would need to be higher. So, is there any support for what I was proposing?

I'd like to understand, maybe Director Reynolds can answer this, if we went down that path, what would be the risk to the town? I'm particularly concerned about next year, in 2027 and 20, or 28 and 29, in the event that the homestead exemption does increase to the property owners.

Can I just say, I make it clear, I'm sorry, I know you asked him, but I'd be proposing that we redo the study to be a fair one to consider. But that couldn't be enacted until fiscal year 28, which would be next budget cycle.

So are you saying if we don't add back in the percentage of the non-advalorum into the trim, which would raise it, that if we needed a 5-0 vote, you wouldn't be on board with a 5-0 vote? And if we needed a 5-0 vote, where would we be?

Where would I be on what?

Are you saying that you wouldn't, if we need a unanimous decision to raise the millage rate over a certain percentage, that you wouldn't vote, you wouldn't be part of that majority?

We'll have to work through it. At this point in time, the easier way to get to the majority is to set the trim at the, assuming that we're not having to fire non-advanced fire tax fee.

Director Reynolds, can you tell me what would happen, or this council, what would happen if we didn't, or if we failed to reach a unanimous vote, given the new provision, the Senate bill?

then you would go back to the two-thirds majority vote if that's what you so could receive, or you could go back to the simple majority. But either way, the simple majority, you'd lose $25.8 million. The two-thirds vote, just over $21 million.

Would we be able to fund our fire department? How would we fund the fire department as that is the planned funding for them?

That would have to come from the general fund reserves. And as you know, we've talked about that during the budgetary workshops. We're currently sitting at about 43, just less than $50 million. We could do it, but then we would be bumping up on what I would consider to be a red line below what we should probably have in our reserves going forward to be able to react to if there's a major catastrophe here in town. We talk about it every year. you lose that kind of money in just one year. That could be considered to be, like I said, I would be concerned if there was a major catastrophe in town and be able to react, and then rebuilding the reserves to that level back.

So this is planned recurring revenue to meet a recurring expense with the fire department. So if we were to use reserves, that would be a single year.

That's a one-time event.

And we'd deplete our reserves. And so in year two, there would be more uncertainty.

Especially with what we're facing with the legislation that's hanging out. We all have seen the numbers. We'll be talking more about that this coming Thursday. But you are correct. That's a one-time funding mechanism from the reserves. We need to find ongoing revenues to pay for ongoing expenditures.

Thank you. By the way, I don't think we're at risk of not coming to a majority, a unanimous decision, but it may be one that nobody's happy about because I'm going to support a way to fund a fire rescue department, but I'm going to want to make whole people that are being unfairly assessed. So I see a way that I would imagine a motion in a second on the 18th to adopt a millage rate that I won't support if it includes an assumption of the non-advalorem for our tax fee on good reasons. I just in good conscience can't unfairly tax people. But number two, but what I would do would be passing the gavel to Vice Mayor. I'd be making a motion on a different ad valorem tax rate that would include a significant amount for a fire department that's not at any risk here. Let's make that pretty clear, right? It's not at risk if we don't do the fire assessment or if we somehow make whole the people that are getting charged unfairly. Not at risk. I don't want any doubt about that.

I just, I mean, we're at the finish line here of our, you know, fire department, the work that's gone into it, and, you know. There's no risk of that. There's five votes here. Majority wants a non-advalorum. I understand why you don't. I understand your principles. I partly agree with you a little bit. It's not exactly fair, but from what I've seen, it's the most fair method to get there, and it gives the town flexibility. I just think this is sort of, I don't know. Undo pressure on the council and the staff.

I do want to make the case for the other side because I do think this is settled policy. We have had a number of votes on this for the majority that supported the non-advalorum assessment. And what we understood from that is that there are two options for non-advalorum assessments, both accepted in the state, both tested, both legally accepted as reasonable and fair and for residents. Now, neither one is perfect. We did say that. So whichever one we chose, there would be some issues. And I think that's where we all agree here tonight. But it's twofold, right? One is this is going to be at 15%, a very small number, very small percentage relative to what we could have done. We could have a much larger fee. We wanted this to be debt service only. We could change it down the line. We could do another study. We could pay it off early. We could do a number of things. But we've decided that while not perfect, it does give the town more options and stability in terms of source. There may only be one 40,000 square foot home, but there are a number in Emerald Cove and other communities that have sizable square footage. And there are a number of homes that are renovating that add square footage and relative to other communities in town, we do have a diversity in terms of square footage that leads to this being a reasonable approach. Um, I would say that we, in addition to costs, in addition to diversifying revenue streams, we're also doing it for transparency. The county is having a conversation right now about whether or not the sheriff should have a separate fund. And that's to provide transparency, a line item budget, which they don't have right now. They don't receive a line item budget from the sheriff. And so we have always spoken in starting this fire department that we wanted a certain level or expected a certain level of transparency going forward. Even in our contract negotiations with the county, it wasn't always transparent in some of the line items. Unbudgeted situations, what does this mean? Or stations built outside of town, what kind, where? Discretion there. So we wanted more transparency, and what the NAV does is provide that, not only towards the debt service, but also what it goes to pay for, what the debt's paying for. And so in separating it and adding a little extra sunshine to it, it helps control costs, helps manage how we grow. And I think that's as important as the cost and the diversification as we go forward, especially with Amendment 3 on the ballot. So we did... vote for this multiple times. A majority passed it. It is settled policy. It is hard to plan. We have enough uncertainty externally. You know, we don't necessarily need additional uncertainty internally. And so I would not support the increased knowledge because that assumes more uncertainty going forward on something that I view as settled policy for now because we can change it later. I would say towards the resolution and amending it to mention fire service, absolutely, I would support that. I know legally we're required to include certain language in this, but I would love to add, if we're allowed to, I would support that.

So, Mayor, for clarity, would you repeat your motion?

What was the question?

You're proposing a motion for five Repeat it, please.

Who motioned?

There was no motion.

No motion. Your recommendation, I'm sorry.

And I accept the fact, if in fact that is settled policy, I accept the fact. But then I expect those that prevailed in that settled policy to recognize that that doesn't compel me to agree with millage rate everybody else has, you know, would want to go with. So I may choose to go with a lower number.

That's my prerogative, right?

I agree. And then I want to say, and I want to be careful about this because we work hard, extremely hard to be transparent. I don't want this to be taken out of context because this is just a trim notice. We're not going through the budget discussions, whatever. But if this was a budget workshop or hearing, what was presented on resident impact and commercial impact is not transparent because it doesn't include the non-avalon fire tax fee. so we go forth that settled policy then it needs to be included so it's recognized what that's what to me that's why it was a simpler matter if it was all ad valorem tax rate you could do a nice clean sheet here and everybody gets nine plus percent reduction in ad valorem tax rate except i know majority rules settle policy But then we're going to have to be careful about talking about the resident impact and commercial impacts because it did not include the fee that's been established. Here on out, it needs to be included somehow.

I agree with that.

So I don't know if it is, in fact, settled policy and that's the decision of a majority tonight, then what i was suggesting you wouldn't go with but i was suggesting to go with the higher millage rate that gave us options if the council saw one of them but that's what setting trims about so i would make a motion to set the trim at 3.5886 do i have a second i'll second Does that motion include the changes to the resolution?

Yes. So to adopt a trim of 3.5886 and to amend the resolution to include the establishment of Jupiter Fire Rescue.

And the fact that the net would actually be resulting in a net reduction in millage rate. You read that as it's currently written.

Correct. Yeah, I believe staff have direction for that.

And the seconder agreed to that change. Okay, we have a motion and a second. All in favor signify by saying aye. Aye. Opposed, nay. The motion carries four to one. Didn't need to be unanimous tonight, correct, Mr. Reynolds?

That is correct. This is the preliminary.

Okay. Okay, next, we're delighted. uh to be receiving the presentation uh update on the 20 20 26 legislative outcomes uh by mr jeff atwater welcome mayor and vice mayor council it's good to be here tonight jeff atwater from ballard partners i i do want to say that it is truly an honor

for Ballard Partners and I want to say this myself personally to be advocating for the town of Jupiter before the legislature and the executive branch. Thank you very much. It's an honor. Mr. Mayor, I know that during session I provided both a mid-session report to the council and on late March when the session had ended all but the budget itself, I had provided an end of session report providing that through our town manager and through Councilor Sundstrom, your legislative liaison. And I know that it had been distributed to everyone. So if there are some questions on that tonight, I'd be happy to touch on those. But since that time, there were two events that took place that would not have been included in any previous report. And I wanted to just touch on those briefly and then the outcome specifically regarding the requests of the town before the legislature through the session. Those two items were, number one, that the budget had not been passed at the end of session, the regular session before it went into extension. It has now been passed and signed on June 29th by the governor. And just would like to say a couple things about that. It was about $117 billion, slightly less than the prior year. And if the questions would be natural, where did those reductions come from? They came from some capital expenditures on infrastructure that would be a little less across the state year over year. The Department of Corrections took a reduction, and there was a reduction in what the governor approved for funding, such as requests that municipalities and counties and special taxing districts made to the legislature. So those local requests were also reduced in size. It was a record year for K-12 education, about $740 million in new dollars, over $30 billion now in K-12 education, a good dollar amount for teacher pay, which I think most Floridians would certainly support, more of that directed towards veteran teachers, about $640 million. in Everglades restoration that continuing on that process and getting closer and closer to the commitment that we had made with our federal government. And significant about $450 million towards acquisitions of lands that would be in agricultural lands, environmentally sensitive lands, expanding wildlife corridors. So those would probably be some highlights. Smaller budget again from year over year, still anticipating by the state revenue projections that things might get a little tighter in the couple two to three years on the horizon. But I would like to say, and again, from just listening to this conversation, tremendous congratulations to you and the leadership and the stewardship of the fiscal responsibility and the condition that you have placed in your town's hands. It's really extraordinary to listen to this discussion tonight. Likewise, the state of Florida is in very good shape. I just want to reiterate, AAA credit rating, a very sound retirement system when compared to virtually anybody else. Actually, I should add that in this budget there was, as you may recall or know, in the state retirement system since since July of 11, there is no COLA in retirement calculations, but there was an inclusion this year for those in the retirement system eligible for special risk. So for our firefighters, there will be a minimum of 1.5% inclusion of COLA going forward. But the debt outstanding for the state of Florida, again, by any comparison, very sound on a per capita basis, one of the lowest, if not, really top, bottom 10 in the country for low. Same thing would be on spending on a per capita basis. So very, very sound there. So in a minute, I will then specifically address how that budget played out for the town of Jupiter, which I think most of you are up to speed on. But the second significant legislation that took place was the passage of Amendment 3, which you've touched on, and I know is very important to you and frankly to all Floridians. It will be on the November ballot. It will require a 60% approval by the voters on that date. Just as a matter of context, the state has had this particular constitution since 1968. It has been amended 146 times. The United States has had a constitution for 250 years. It's only been amended 27 times, so There may be particular opinions on that whole process, but it has now been raised to 60%. It was raised to 60% back in 2006 by the will of the voters, but that would be the required approval for passage of a constitutional amendment. Since that time, there's been 75 amendments. 50 have passed, so it's about a 65% passage ratio. There are lawsuits that have been filed that will be considered shortly. None of those lawsuits can take the amendment off the ballot, but what they can require is because the basis of those lawsuits is that the language, the ballot language is not clear as to the consequences of the outcome of the decision, and that maybe, again, the argument made by the petitioners of the lawsuit is that the ballot language is not clear enough, and the title is also not clear enough. And so those will be decided. What the court could require is for the Attorney General to revisit both the title of the amendment and the summary for the voters to read. So that is out there as well. So just now if I might touch on the outcomes. In so doing, I'd like to say that the process that brought us to the final conclusion is always a lengthy one in going through the legislative approval process and the governor's veto scrutiny. It began with you. You all established the priorities. You handed those to your staff. The staff worked on those and developed those. And again, the clarity of what was ultimately provided to us to carry on your behalf was exceptional. The work that was done to help any reader in the legislature understand the consequences of inaction and the partnerships that you have created strategically to see that these things get done and how important it would be was extraordinary. The narrative, the analysis was extraordinary. I just can't express that enough. So we developed sponsors. Senator Harrell carried all eight of our requests. Representative Snyder carried three of the eight. And Representative Peggy Gossett-Seidman carried five of the requests. And I would like to express to you that they hung in there the entire session, were very supportive of the efforts. Those went through all the committee processes all the chairs the one-on-one opportunities that we had to advocate on Your behalf in front of budget chairs in front of the presiding officers the speaker and the president Was always granted and and we had a chance to make the case on behalf of the town was pleased to share with you that when the budget was passed by the legislature ultimately the two sides coming together at the end of May and that all eight of the requests that had been put forth were included within the conference product and the full budget at the full ask of every item. Then, of course, the process went on to the governor's office, the Office of Planning and Budget. They would be scrutinizing every item, and then it would move on to the deputy chiefs of staff or the governors, depending upon their portfolio of natural resources or transportation. public safety, whatever it might be, and we again had the opportunity to advocate on your behalf. And ultimately, when the governor signed the budget on June 29th, just incredibly pleased to have shared with you that six of those eight had been approved, and I just want, again, for those who might be listening and for the benefit of your citizens, again, the extraordinary effort that you all made and the achievement, based on several reasons that I'd like to share in a minute, nothing short of saying the reputation of the town of Jupiter is so strong. in Tallahassee that you have with the agencies that if you are, in fact, dollars are deployed to you for a purpose, you get it done. And that is an incredible reputation that you have earned. We requested A1A beach frontage drainage of $100,000. $100,000 was approved. Almas Place drainage, we requested $169,100. $169,100 was granted. A1A Sawfish Bay outfall requested $125,000 and $125,000 was granted. Seminole Basin water quality, the request for $241,794. I love the specifics to that one. That was granted at full dollar, $241,794. High-speed rail safety fencing, $50,000 requested, $50,000 granted. And the Tony Penn and Central Boulevard intersection, $350,000. requested $350,000 granted. For a total of the six projects, $1,035,894. Last thing I would say before taking your questions, I do think I'm in a unique perspective here, a unique position after 25 years of being in almost every seat that one could see this process from, the Florida House, the Florida Senate, CFO of the state, cabinet member, and the hat that I wear on your behalf today, that This was accomplished based on the people in this room. The reputation that you have created over the years, your strategic direction, the quality of the work of the staff to prepare the documents that we would take forward, never seen anything like it. The follow up, the follow through. If ever I was trying to reach Councilor Sundstrom or Kate Moreto, with a need, the answer was before I got it out of my mouth, check your inbox, we've already sent it. The anticipation for the need and then the collaborative partnerships to think of something like, I think it was the Sawfish Bay outfall where you were able to bring in early the Loxahatchee River Management Coalition, the Jupiter Inlet District, building these coalitions early sent the message to everyone that this was a regional matter not one unique that the town is trying to address. But what you could do together to change the nutritional fall into that watershed mattered, and it mattered to more than just the town of Jupiter. You were taking this on on behalf of all of us in North County and, frankly, everyone enjoying the Loxahatchee River and the wildlife and marine life. Uh, Mr. Mayor, I just, I want you to know that I have never seen anything like this, uh, and the quality, the care, the thoughtfulness, the diligence, the professionalism, uh, was, uh, was what I would think was, um, was a very successful run. So it was just a real privilege to be a part of it. Thank you. I'm happy to answer any questions.

I'll turn to Councillor Sunstrom first as our legislative liaison and allow each one of us as we go down both comments and questions.

I have no questions tonight, Mr. Atwater, but I do want to take a moment to just extend some very well-deserved gratitude and say how grateful we are to have worked with you through this session and to say that while it's very important to understand Tallahassee, and you certainly do, I think what we've found to be even more valuable is that you understand us as a community, our town, and how uniquely Jupiter we are. And you do that because you yourself are a resident of North County. You understand our perspective. You've taken the time to get to know our staff very well, our council. our residents. In fact, many of them are your friends, family, neighbors. So we're just so grateful for that. And your combination, that local perspective with your experience made sure that Jupiter's voice was heard and that it was effective in the session. So I really just want to thank you for that and the time. And you gave us such great feedback. It's helpful to know that it's helpful to have these coalitions early. It's helpful to know that we have a reputation for getting projects done and that that's valued and seen in Tallahassee. And we'll certainly carry that forward for the next session. We're grateful for how much you've taught us about the process. I think in previous years, we didn't learn as much as we learned this year. And certainly a lot has happened this year. But I feel more prepared than ever going into future legislative sessions because of what you've done for us. And so I just want to say thank you. You've done outstanding work. You and your partners have done outstanding work, and we're very grateful.

Thank you. Thank you very much. Very kind.

Well, it's hard to top that. But again, I want to thank you also, Jeff, along with our state representatives, town staff, and particularly Councilor Sundstrom for supporting, leading us from a council standpoint on these efforts, and all the folks involved preparing the documents, supporting them, and securing multiple state probation on the part of the town, on behalf of the town, improving products during this legislative session. So thank you for everybody for what you've done. Thank you. A little tongue-tied there.

Actually, if I could just say one more thing. I agree. We certainly want to thank our staff. And I want to make a point, and can I do this? Let's see if I can do this. I really want to thank Kate Moreto. our assistant town manager, and I see every head nodding here. I see Mr. Outwater's head nodding. She has been instrumental in offering the projects that we should choose and helping to draft all of these well-written letters that we have signed, to draft letters that our community partners have signed. So all of our staff came together. This was absolutely a team effort, but she has really been instrumental in leading staff forward. And if I could just ask her to stand and be recognized for a moment, I think it's deserved. Thank you for letting me do that.

Councillor Delaney.

I agree with everything said here. Councilor Sonson, thank you for being the point person on this whole process. And I agree with Kate for having all the background and the knowledge of the issues that the town is in need of. And Mr. Atwater, who better but you? You're a real local guy. Your experience, all the seats, all the hats you've worn over the years. I know your character because I know who you're kind of live near we have some mutual friends that I know of some personally you're a great guy and I appreciate all the hard work with that went into everything and just the whole staff everybody town manager this is just this is sort of a new process for getting more involved with the Tallahassee issues and great job on that counselor excellent excellent work so thank you but appreciate it thank you vice mayor thank you again I could repeat everything that was said I won't however

Again, the connection with Tallahassee and North Palm Beach County, we could not have asked for a better individual. Our staff and Kate leading it all, the sponsors that you were able to get who aren't sitting in the audience here tonight, they believed in Jupiter and Jupiter is unique and it does have a reputation in Tallahassee. So when Jupiter speaks, they listen, you're guiding force. The process we all learned this year. the homework that was done is just extraordinary. And what's presented is what comes back. And thankfully, the governor saw it, signed the budget. But we do. We thank you. We thank Councilor Sundstrom and our staff. And let's see what next year will bring. I hope you're going to be standing here and telling us some more wonderful things. But I know personally you are a local man. We know your family. We know who you are. We know where to find you. And again, thank you from the bottom of our heart because you did it with a heart. You did it with all your experience, with everything that you've done. We reap the reward, and we thank you very much. Thank you.

Well, I want to just add, first of all, I agree with everything that's been said, so hopefully none of this is redundant. But I do want to share a perspective that, you know, over the years that I've served, many years we didn't have a lobbyist. Then we had a lobbyist, mostly those based in Tallahassee. And this was the most incredible experience. experience we have uh... from the get go uh... i've never bet we've never benefited from the customized legislative reports uh... knowing which important jupiter uh... because in the past we would get this massive legislative reporting we'd have to try to decipher which ones we were impacted by so that customized report helped us I think that this was an extraordinary team effort. I certainly ditto the kudos that you pass out and our legislative liaison here on the dais and Kate and Reto and all the staff and The fact that you mentored us through a process to go ahead and get the support of letters and stuff. So we learned a lot this year that clearly will help us, not only help us this year, but will help us in years to come. And that wouldn't have happened without your mentoring us. So I know you're... the humblest lobbyists we've had, and you deflect any compliments, but thank you. We wouldn't have been successful. When you reach out to me a few times near the end to manage expectations, I had none. No, because with the governor's veto record, everybody should understand here, right? With our governor's line item veto record and expectation on that, to get six out of eight, 75% is staggering. And that's a tribute to the team. I'm a numbers guy, so I can't not say that. It may have been years that we got more money. But under the circumstances, and I'm not, that's not negative about the governor. He's known for that, right? This is his last opportunity. But to get that success is just incredible. And then just with that, and I have a couple of, I'll leave these questions as not to be answered tonight unless you feel compelled, but to get back with us to the degree that you understand um the you know amendment three and whatever and i don't think um any of us well i think we have to wait until what's going on in the courts and what language is adopted and all that but nonetheless I just wanted to ask on three items that I'm kind of curious about and as a minimum if and I know we can ask and we will we are asking our town attorney to give us guidance but you know how it is everybody's going to have an opinion and I'm just curious if you could even get to the opinion of the legislators who voted on this right because when it comes down to it seems to me their opinion on what I'd like to know what they voted on So there's three items in the House of Representative legislation. One was on Article 7, Section 9, Local Taxes. on infrastructure definition. I think the infrastructure definition is implied. I'm hoping there's a broader infrastructure definition, but I ask that because everything related to parks and rec was line item vetoed in Palm Beach County. And that's one of the items that, you know, in this town, we've had three voter referendums on an ad valorem tax assessment that passed. And it was basically for parks, open space, or community center. So I know that this community values that. It appears that the governor didn't, based on his line item. And then does the infrastructure include, for example, what does it include other than this few items mentioned? So any opinions about that? Maybe it's buried somewhere in legislation with regard to the definition of that word, or is it just self-contained? If it's self-contained, it's bothersome. And then that same section, Article 7, Section 9, A2G, talks about local taxes for taxes can be defined by how the local government governing body funds, operations, and expenditures? And does this include scope of services and infrastructure which we have historically funded? And I'm curious about that because one read on this is like there's a lot of stuff that will no longer be fundable by ad valorem taxes. And then the last item is under the constitutional amendment language. And I know it's subject to all change and everything. Um, but, um, what's bothersome, most bothersome to me about that, um, is, um, And I don't know how the language in the ballot amendment can override. I'm not a lawyer, you know, can override the language in the bill. But just concerned about the language that says. the benefit was it was going to require, through general law, a schedule for full elimination. And that's the most troublesome because up to this point in time, some perceive that the amendment deals with increasing the homestead exemption in year one, $150,000, in year two, $250,000. But in that language, and if I have the latest copy, which I believe I do, it really concerns me that because it says exempted homes and properties from taxation exempts the first $250,000. from taxation for all levies other than school districts and requires through general law a schedule for full elimination. I'm concerned that the legislators were empowering themselves to go all the way without coming back to the voters. that quite frankly that may be the most troublesome of anything in here and therefore I'm curious what the intent is for that but I don't see that language in the body of the doc in the legislation but it is in the debt you know so I you know I didn't want to put you on a spot but on the other hand if there's anything you wanted to comment on if not my expectation is you would just get back with us and and thank you Mr. Mayor I I will get back with you but um

And I think what would be good for me to do on our behalf would be to, all correspondence and all debate is documented for the ability to later determine what intent was, if it wasn't actually in the final written document, or the clarity was not in the final written document that would be disputed later. I certainly believe that on at least one and two, actually on all three, I can work with the legislative staff as to is there any other documentation that will be used for the clarification of these points. And as you would have seen in the legislation itself, it would occasionally refer to where in statute this item is particularly defined. And if in fact, if you're reading that and infrastructure has a limited definition, then you're right, then it's going to be left for great interpretation. down the road and much probably debate down the road. But why don't I go back on each one of these and see if I can provide you with any other intent that was there. I do believe on number three, as you recall, the governor's narrative in his conversation in promoting the idea was ultimately to full elimination. And I think the legislature's inclusion of this was a recognition that that might have been where the governor wanted to go But at this point, one and two, steps one and two would be scheduled. A third for a full potential full elimination would be determined by a pathway established by the legislature, which could, then it's prerogative to take its time incrementally if ever work there. But why don't I work to come back to you with something more solid. Thank you. And again, thank you for the very kind comments and again for the honor to serve you. And I do want you to know that Senator Harrell and Representative Snyder and Representative Gossett-Seidman, again, stuck with this the whole way. They were very encouraging and supportive. And this night did not work for them. I would not have wanted to have taken their thunder, deservedly so. Um, as well as I think I'm glad your fellow, uh, counselors, uh, councilor Sundstrom have recognized how closely aligned you were to the guidance that I was being given and how quickly you're responding. And I'm so glad that you recognized the assistant town manager tonight. I think that that is the defining point. Thank you all very much.

Thank you very much. And don't feel compelled to sit out the meeting. Okay, next up is our fire chief for a JFRD update.

Okay. Drag it first.

Drag it first.

Click on it. Control L.

now that we've made it through the technical stuff. Mayor, council members, those attending here in person, and those watching from home, thank you so much for the honor of allowing me to serve here at Jupiter Fire Rescue. Tonight's update is going to focus on four things, first being Division Chief Ramirez and Captain Olson's Venezuela deployment, our new Fire Inspector 2 and Plan Reviewer, our fire and EMS training update, and an update on our temporary fire station. So if I could have Chief Ramirez and Captain Olsen come up. On June 24th, a double earthquake struck northern Venezuela. And on June 26th, a 79-member FEMA urban search and rescue team, known as Florida Task Force 2, was activated as part of the United States Urban Search and Rescue Response, which also included L.A. County, Fairfax, Virginia, and Florida Task Force 1, which is based in Miami-Dade. So the Urban Search and Rescue Task Force is a special team of firefighters, paramedics, doctors, and even specialized dog handlers and they go to disaster areas like collapsed buildings, floods, or storms to find and save trapped people. Along with other members from all across South Florida, two of our Jupiter Fire Rescue members deployed as part of Task Force Two. Division Chief Rob Ramirez and Captain Kenny Olson deployed with this team. They conducted around the clock search and rescue missions of more than 100 collapsed buildings, including a continuous 183-hour rescue with the assistance of the Chilean USAR team to successfully remove Hernan Gil from an eight-story building collapse. And so Sean is going to help us with this short video here, I think.

Right now, we are digging underneath the building collapse, reaching a live victim. Been in here for several days, and we've been working on him for over 48 hours.

We've been assisted by teams from all over, from Chile to Portugal to Mexico, Venezuela, USA, international teams.

We're in a very precarious position. We've got a couple of guys trying to fall. It's a continuous state of falling. We'll try to keep it up as long as possible to keep our members safe and remove the trapped victim. We're reaching the end of day seven for him. And it's very important that we try to get him out as soon as possible. He has been receiving medical care.

All the kids are waiting for you outside.

So, be nice and have a good rest outside of the hospital. Okay. It's okay, brother. It's okay. You've been through a lot. The wife is outside, brother. Hernan. Let's go. Let's go from here, we're almost there.

Let's go!

Let's go!

. . .

And now we are digging underneath the building collapse At the beginning of this video you heard the person interviewing person and the person responding that was division chief Ramirez Chief Ramirez and Captain Olsen spent 12 days in Venezuela digging through rubble, climbing underneath collapsed buildings for 12 days. So our thanks go out to these extremely brave gentlemen for representing the town of Jupiter in this deployment. And I want to turn it over to each of them just to speak a little bit about their experience.

Thank you. Mr. Barlow. Thanks, Chief, and thank you to the council. Thank you to the town leadership, our command staff, and the family supporting us back home. I've been on this task force for 21 years. I've had my share of deployments, international, national, all over the country, Caribbean, Haiti, 2010, and this was up there with the worst of them. The amount of damage that country suffered in a short period of time was amazing. unprecedented, completely. It was like 1,000 surfsides in an area that was no bigger than the beach area down here. And I got the honor of working with a lot of brave men and women who took extraordinary risk to themselves the entire time we were in that country. From the time that we deployed, that we were activated, until we landed in Venezuela. It was a continuous 36-hour effort. Once we got there, we had to fully support ourselves. It's not like we show up there and there's a hotel waiting for us and vehicles waiting to valet us to and from. Once we arrived, we sustained ourselves in country. Wherever we land, we set up our logistics, communication, water, electricity, shelter, and food. And on top of all that, we were able to sustain A very high-level mission. This team is one of the 28 teams in the federal system. We deploy local, federal, international, and the team itself is made up, like the chief mentioned earlier, of firefighter paramedics from across the tri-county area, Dade, Broward, and Palm Beach County. And we're not doing any firefighting at all. We're not even doing paramedicine while we're there. We're completely focused on a different form of rescue that we normally don't have an opportunity to do back home when we're answering 911 calls. That adds and brings back tremendous value to the organization and the people that we're going to be serving come October 1st. They're going to be getting 21 years of international and national deployment history plus Captains Olsen and Chief Shaw and the team as well. And we've all been on the team for a very long time and this was a great effort not just by the two members standing before you, by all 79 from different agencies represented. And I was just privileged and honored to be part of their leadership team. Thank you.

It does mean a lot having support back home. Uh, we couldn't do without support, especially of our families, our wives, um, the village, uh, that makes the world go around. Um, The support was unwavering. I had multiple, multiple guys from my past department and my new home here at Jupiter reach out to see if there was anything I needed. And they even went as far as reaching out to my wife, knowing that she was probably not going to be able to talk to me for the next 10 to 14 days. We were just two lucky guys that happened to be in the right place at the right time and answer our phones and say we were available. And the whole mission took all 79 of us. From the guys building showers to the guys building tents to us moving concrete with our hands. And in that video you can hear Chief Ramirez talking and in the faint background you can hear a little shovel digging moving concrete. That was me digging concrete and I heard him talking behind me. And I thought he was, this is a little lighthearted, I thought he was asking me questions or talking to me because he was in charge of pushing my rocks back as I moved rocks to him. And I looked back and he was doing an interview while we were in the hole. If you know Chief Ramirez, it was spot on. All I did was smile, and then when he got off camera, I said, okay, it's time to start moving my rocks out of my way. Again, it's a pleasure. Right place, right time, and it's a gift to be able to get a phone call to be able to go do that. It's a feeling like no other. Hopefully no one else gets to experience what we had to go do, but if that phone call rings again, I'm sure...

be more than one of us answering our phones to go so thank you guys i just wonder if uh chief romero's learned that little trick from uh deputy chief shaw when he saw a camera uh no listen um as they both said um this was a team effort there were 79 members of that team that went and put themselves in harm's way. People from all over this tri-county area. And each and every one of them deserves our thanks. Each and every one of them. But these two guys are special because they're ours. And so thank you.

Thank you. I'd like everybody to stand and give them applause.

Okay, moving on. So along with assuming fire and EMS services, the town will also be assuming responsibility for fire prevention inspections and new construction plan review. And under the leadership of our fire marshal, Division Chief Drew Arminas, we're finalizing the build out of our fire prevention and community risk reduction division. So council recently approved our fire prevention code ordinance. we're working on an ordinance to help reduce false alarms or unwanted alarms, which we'll be bringing to council in the month ahead. And we're also in the process of hiring our fire inspector one positions, which should be filled in the next few weeks. But, uh, tonight, uh, what's special is most recently, uh, we brought on our new fire inspector to and plan reviewer, Mr. Jason Funk. Uh, he's joined our team and is making a huge impact already. He's a seasoned fire service and code enforcement official with over 25 years of experience. He comes to Jupiter from the Chicagoland area, and he has prior ties to the South Florida Fire Service. Significant experience in life safety enforcement and education. He served as a fire and life safety plan reviewer. He's conducted numerous public education campaigns and programs. He's also a youth fire setter intervention instructor. and has extensive experience in fire investigations. So I'd like to invite Jason up to introduce himself and say a few words.

Chief, Council, I'm excited to be here. I'm looking forward to working with the partners in the community, and most importantly, looking forward to the warm weather and getting out of the cold. So thank you for the warm welcome from the town of Jupiter. Thank you.

So moving on to fire training, our crews are making excellent progress. Phase one is nearing completion. They've been covering the fundamentals of things like PPE or personal protective equipment familiarization, apparatus orientation, and truck checks. This is the groundwork that ensures every firefighter knows their gear and their equipment and their rig inside and out before we ever roll up on a call. And from there, our people have moved into hands-on high-intensity training, including working with saws, ground ladders, advanced forcible entry, search and rescue, hose operations, and timed drills. These are the exact skills that separate a good response from a great one, and our crews are training on them under realistic and demanding conditions. And mind you, the weather's been a little warm out there. What you're seeing in these photos on the screen is our founding class building muscle memory for the moments that matter most, I'm proud of the discipline and worth ethic of this group. They're bringing it every single day and Jupiter is going to be well served by it. I also want to highlight the work our crews are putting into EMS training. Every shift, our people are training towards one goal, delivering the highest level of clinical care to Jupiter's residents. Over the past month, our personnel completed their American Red Cross basic and advanced life support training, along with pediatric and advanced life support, critical certifications that are needed to treat all ages of patients, especially our youngest residents. They've also trained in advanced airway management, cardiac and respiratory emergencies, cardiac monitor operations, and they're working hard every day on operationalizing our EMS treatment protocols. This isn't classroom time, it's hands-on, scenario-based training so our people are ready the moment they walk into a call. I'm proud of this team. They're building the clinical foundation of this department months before we ever answer our first call and our residents are going to feel that difference. An update next, an update on our temporary fire station. So the remaining work on that station is mostly administrative. We're waiting on a few final permit sign-offs physically The station is in great shape. The furnishings and appliances are all installed. The exterior canopy and gear storage shed are up, and our station alerting system is being installed now. We're tentatively targeting a move-in by the end of July or possibly the first week of August, but the bottom line is our personnel, apparatus, and equipment will be ready and in place well ahead of October 1st. So as you can see from tonight's update, this department is moving forward on every front. Our people are already answering the call at the highest level, including halfway around the world, as Chief Ramirez and Captain Olsen have showed us tonight. Our fire prevention program is standing up. Our founding class is deep into fire and EMS training, building the clinical and tactical skills the community deserves, and our stations The temporary and permanent alike are on track to be ready well ahead of October 1st. This photo here says it all. A station built and ready to serve. So my message to you tonight is the same one I'll bring every time I stand before this council. The Jupiter Fire Rescue Department is on time, on budget, and ready to serve. Thank you.

Any questions or comments, Vice Mayor?

No, I think everything has been said. Congratulations. Welcome back, gentlemen. Thank you for everything you do.

Councillor Delaney?

No question. Just keep moving along. You're getting close to the finish line. Great work. 71 days to your count, right?

Councillor Sandstrom?

I really just want to say thank you from the bottom of my heart to Chief Ramirez and Captain Olsen. I was in Haiti shortly after the earthquake. I know that you responded to Haiti as well, Chief Ramirez. So I understand and I've seen just a small glimpse of what you've done. I was surprised by how long you could look for patients and rescue people after. To be there for 12 days, doing what you did, not giving up, it really meant so much to those families, that country. So just thank you.

Councilor Geisker. Thank you.

Yeah, Chief, again, thank you for a very good presentation. I've always got a lot of information you share, and I appreciate the updates you provide to the council. I also want to special thanks both Chief Ramirez and also Captain Olson. Thank you for representing Jupiter with such distinction and for making our residents proud through everything you guys do on a daily basis. So thank you.

Just to close, number one, I... So grateful with how our fire department has been staffed. You know, we're thrilled on council that we have the capabilities we have to participate and that's what we would have wanted but didn't necessarily expect we'd be able to do it. So it says a lot. Thank you for bringing two professionals here tonight so we can thank them and to show us the video of the success. I almost didn't want to have asked that question, so I was delighted that we were able to learn about somebody who had been saved, what was it, eight days in or whatever.

We all wish

the coordinated effort in transition with the county was gonna be better than, and I'm still holding out to that. So I know it's not 71 days till you're ready, as you said, you're ready now if we'd have the opportunity. And I know that there's, it's been arranged, has it not, with Palm Beach Gardens to potentially begin to at least ride along with them, correct?

Yes, sir.

And when is that gonna begin?

We're working that into the training schedule. Now we wanted to get our folks through a few basic things first.

Okay, I'm not trying to put you on the spot, but I'm delighted because we heard from Admiral's Cove is a community. 50% of their calls are responded to by the garden. So we're delighted that maybe we can't do ride alongs with the county, but we can do ride alongs that will wind up being in Jupiter. with the garden, so that's exciting. And then just lastly, The plans reviewer, again, I wish the transition was more practical. I know that the county is holding their response for plan review up until quitting time on that last day. But at that moment, whatever's left on the desk becomes ours. And even more importantly, whatever they wind up approving has to be inspected by our staff. So just about everything being reviewed right now is going to be under construction when it's fully within the town. So I would hope that somehow they're getting from our building department plans so he can be doing it in a parallel view. But I'll just leave it at that. I'll try to put you on the spot.

I just do want to say that this transition is moving forward very, very well, very cooperatively. Chief Rowley, tremendous, incredible job. Incredible guy. Very helpful. Chief Woodside, we've been working closely with them. They're working closely with us. Their fire prevention division, Chief Dorita, again, incredible partnership there. They've shared all of their data with us. They've developed a transition plan that will include working side by side. So I will tell you that everything is on track, on schedule, on budget, but this transition is also working smoothly.

Awesome. That's good to hear. Thank you.

Okay. Thank you.

Okay. Moving on to citizen comments. Do we have any citizen comments?

Yes, sir. We have nine speakers.

We have one?

Nine.

None. Okay. Moving on to minutes count.

Nine. Nine.

Okay. On this, that's for non-agenda items?

Yes, sir.

Okay. This is the... This is the time for non-agenda items and it's limited to three minutes per person. Anyone wishing to speak is asked to state his or her name and address for the record prior to addressing town council. We don't typically discuss the items this evening, but the issues are referred to staff for follow-up and then we get a report and we go from there and citizens are commented with the outcomes. With that, I'll begin calling them up.

Yes, sir. We have nine speakers and two additional speakers who did not wish to speak. As your name is called, if you'll please utilize both podiums that we have. Our first speaker is Mark Watson, followed by Albert Garisa.

Mayor Kerinsky, Ms. Choi. My name is Mark Watson. I live at 1013 Sioux Street. After I got drafted and came out of the Army, I moved from Chicago to Florida. I heard that Jupiter was the most amazing place to live, and it is. I moved here in 1980 with my wife and I. We opened a business and had a successful time. I moved to Jupiter River Estates. And the river that's behind Jupiter River Estates has always been exactly the same. It's got a lot of silt in the bottom of it, always had some overgrowth from the trees and everything. You hired a company, and we are all paying quite a bit of money, taxes, to keep that river clean and the branches and everything. The first trip that they made down the river and everything was pretty extensive. They had to get a lot of branches and everything out of there and everything. But it's clean now. The silt has always been there. The tide goes up and down about four feet there. There's nothing we can do other than, you know, the river has got fresh water coming in, but the silt is the problem. This past year, they had a tree trimming crew come in, and they spent about one week, maybe nine days, trimming the branches out of the river area The problem is that now that they got trimmed, there's not much to trim. They were there for only about nine days. What I pay with my homes, the amount of money that I'm paying paid for the entire crew. to be there for the nine days, okay? You're charging 100 homes or 80 homes the same thing that I'm paying. Where is all that money going, all that extra money going? I think you're concerned about overtaxing the people in Jupiter. I think you're overtaxing us for this service. You're charging us way too much money for what has to be done. It's never gonna change. The boaters who go out, trim the branches so they can get out, except where the Indian Town Road is. That never got cleaned out. But the boaters themselves, in order to get out, they trim it out. I think you're charging us way too much money. I pay $3,000 a year, and I'm retired. I'm a retired Army veteran. I got drafted in 1967, and I can't afford it. And I think you're charging us too much. Please do me a favor. See if you can't sharpen your pencil on that. It needs to be dredged. The trees, don't worry about the trees. They'll get taken care of. That's not the problem. We need to get that dredged out. Okay? Thank you very much. Have a good day.

Our next speaker is Albert Garisa, followed by Linda McDermott and Heath Wentz.

I'm Al Jareesa, 201 Bless Stiles Lane. I have two miniature dachshunds. My wife and I have two miniature dachshunds. We walk them at night at approximately 9.15, 9.30. A few weeks ago, I went out, and there was a pit bull off of leash. And, of course, one dog's 10 pounds. The other one's 13. And thank God, the owner, there was a woman out there, took her back into the house. Saturday, the same thing happened. I took the dogs out, and the same dog was off-leash, pit bull, and of course, we heard horror stories about what goes on, and I'm not labeling the dog as being all nasty, but when I came back in with the dogs, my wife had gone out to take a picture for the HOA, and the owner, a male, came out again walk the dog before we were even done, toward our dogs instead of in the other direction. He was very loud and arrogant. I had to call the police, and the police informed me that you can have the dog off leash if it's under voice control. How the heck are you supposed to know that a dog is under voice control? So I did a little research online, looked up the Jupiter Florida Animal Ordinance dog leash laws, and one of the summaries said, Jupiter requires all dogs on public property to be leashed with a maximum six foot leash under PBC Ordinance 98-22. And then I looked under the muni code, muni code codification and under section 533 says that you can't have it under voice control. So I called code compliance and Dean got back to me today and she said, yes, the county is much more strict. Jupiter can be less strict, but can't be more strict. And the dogs can be off leash according to the Jupiter ordinance that we presently have if it's under voice control. We are not in line with the county code. So I am proposing that before anything drastic happens and we have to call fire and rescue because somebody is seriously injured, please amend our dog leash law so that all dogs have to be leashed when they're walking in Jupiter. I would really appreciate that. Thank you.

Our next speaker is Linda McDermott, followed by Heath Wintz. And next, Please, if you have your name called, approach one of the podiums and be prepared to speak.

Good evening. Linda McDermott, 107 Chadwick Drive. I also wanted to commend the captain and the chief of the fire. It is really remarkable when they go over to Venezuela. It is the best training that they can get. I am so pleased that our fire department has that. Many of you know that I oppose the fire, but I see such greatness in the command staff, and I'm extremely proud of them. And just a reminder that FEMA pays every bit of the dollars that are spent for them to go there, and their training is immeasurable that they give to now our new staff. So I think it's important to have enough budget for training for police and fire to do the same kind of exercises, because if we should have a hurricane, knock on wood, not this year anyway, that's an immeasurable experience. So I'm really pleased. On the other hand, for the state, I'm saying no to the property tax bill because government just cannot stand that big of a reduction, and I believe the state's taken away from the home rule. We are very different than some northern counties are. What we can sustain in reductions, others cannot. It is not fair to say as a whole that the state can make these kind of reductions. All they have to do is go back to rollback. We did it years ago in recession. I was part of that because I worked for government. There are ways to do it. They did not think it through. I urge people to say no. Vote no. Thank you.

Our next speaker is he twins, followed by Nick graffiti and Steve Masano.

Thank you. Heath Wentz 1114 Sioux Street, uh, mayor, vice mayor, council members, Mr. Kitter. I came before the town council on February 17th representing Jones Creek Restoration Group. As council members may be aware, there have been some questions among property owners as to the extent of mangrove trimming, which has been performed over the first biennial trimming event in 2024 and 2026. In February, I noted that as a condition for substantial completion, the general terms and conditions required that final as-built drawings be submitted, certified by a professional land surveyor. While I appreciate the town's willingness to conduct a drone survey to determine the level of completion, the survey baseline did not match up with the project baseline. And as a result, percentage completion could not be determined, as I hoped I could provide to ease the concerns of my neighbors. As part of the project cost, each property owner had a horizontal control point set in our backyards from which the contractor or surveyor could objectively measure and establish the limits of trimming. While we understand the town feels that the work has been done, many note that the creek has not been trimmed to the extent permitted and contracted, for which we are now paying the maintenance through a non-advalorum assessment. We understand that the town's arborist made calls not to trim certain mangrove prop routes and not to fully open the canopy to the 30-foot width prescribed by the contract documents. As a result, some of my neighbors feel they're not getting the value from the project for the tax dollars being paid. So my question was, has town staff relieved the contractor of this contractual obligation? If so, when and by whom? At this point, I'm not sure that it matters. I volunteered to meet with the contractor, engineering, and the town's arborist at least half a dozen times over the last three years. Personally, I was never given a voice in the matter or a seat at the table when judgment calls needed to be made. So I have difficulty in explaining to my neighbors what happened. Based on LRD data, fecal indicator bacteria levels initially showed improvement. However, over the last year, bacteria levels have persisted at 3 to 30 times higher than would trigger a beach closure. Thus, the signs remain posted at the Caloosahatchee Bridge and the footbridge in and out of our neighborhood. So while we are incredibly grateful for the towns assisting in developing and executing this project, I must ask the question, where do we go from here? Is there a way forward in which we can work together to improve the bacterial levels to a point where the poor water quality advisory signs would no longer be required by the health department? Thank you.

Our next speaker is Nick Scafidi, followed by Steve Masano. Thank you.

Good evening, Council. Nick Scafidi, 691 Pawnee Street, also on the Jones Creek topic. I sat here over two years ago voicing my concern that a project like this wouldn't work and that we were taxed really without a say. We've said you have to pay the tax. So here we are. We've paid the tax. The job wasn't done. Simply all I want to say tonight is stop taxing me. Give me my money back. Do something. Let's get this job done and done right. Thank you.

Our next speaker is Steve Masano followed by Rosemary Keller and Eric Ellison.

Good evening council. My name is Steve Masano. I've lived at 1005 Sioux street since 1981 and I've seen a lot of good things and a lot of bad things. Reference the tree trimming. Um, My first questions would be, is Jones Creek a natural waterway or a man-made waterway? Just because somebody digs dirt out of the middle of a creek and makes the level of the land higher so they can build homes, doesn't turn it into a man-made creek. It's still a natural waterway. Back before Jupiter River Estates was developed, it flowed through the land. Indians used to come up with canoes, old-timers tell me. But my concern is, Over the past 45 years, we were mandated to hook up the city sewers because our septic systems were polluting the creek. That cost us 25 grand, and 30 years later, the creek's more polluted now than it was back then. We all know that it's the rotten vegetation on the bed of the creek from millions of mangrove trees dropping billions of leaves and rotting on the bottom. We all know that. My concern is... When this project came up, we were asked to vote, and if they got 60%, they would go on with the project. Well, myself and my six neighbors at the end of Sioux Street, we weren't even afforded to vote. We said, don't worry about it. You're on a natural part of the creek. You're not going to be involved. Well, it wasn't the case when I got my tax bill. The way the people of Jones Creek, the property owners, are taxed is so unfair. I've been maintaining my mangroves per EPA regulations for 45 years. If they're 20 feet or higher, you can't cut them down, but you can make windows. If they're below 20 feet, you can cut them down to six feet above the mud, which is what I've been doing. So when I sit there on my dock and I watch the tree trimmers go by, they wave and they go right by my house and they trim everybody else's stuff. But yet I'm being charged $6,000 over 10 years to trim the mangroves. They haven't touched any of my mangroves, but I'm paying six grand. Come on. The fair way to have done this would have gotten the supervisor from Jupiter and the supervisor from Shamrock Trees to get in their boat, go down the creek, and give each individual property owner an estimate of what it's going to cost to trim the mangroves on their now private property since Jupiter has given us all ownership to the middle of the creek. All the mangroves are on private property now except Jupiter-owned property like Todd Street Preserve. So that's my only concern. Every property owner should get their own bill for trimming their own mangroves on their own private property, not go by 107 feet of creek front that I have in my backyard. I'm being charged because I have 107 feet, but yet I don't need any tree trimming. And I think that's very unfair. So that's all I have to say, and I hope you guys look into it. Thank you.

Our next speaker is Rosemary Keller, followed by Eric Ellison. Hi.

Well, we've lived on the creek since 1977, and when my kids were little, they used to swim in there and have a wonderful time. And it's really sad to see a waterway in Jupiter go downhill the way the creek has gone downhill. It gets a lot of, I mean, from around the creek, but also surrounding areas drain into the creek, and that's a lot of the sediment that's ended up in the creek. And it really doesn't need dredged, but as far as trimming, we had all paid taxes to have the creek trimmed, and it wasn't trimmed the way it was supposed to be trimmed. It was lightly trimmed instead of wet. We were told they would do. And we were told it was signed off on by the town. So I don't know what to say. I just mainly came to give some support. We used to have manatees back there and otters. And when we did have a dredge, there were so many fish back there. I mean, you would just hit them. Every couple minutes, you would hear the fish hitting. And it's just that.

Next speaker is Eric Ellison.

This works. Hello. My name's Eric Ellison. I live at 220 Colony Way on the Jones Creek. I've lived in Jupiter 62 years, and I've lived on Jones Creek for 20. And I'm in agreement with The creek was not trimmed based on the proposal that was made. It just wasn't done. My house, when they came by to do the other trimming, I mean, they just went right by my house again. I got no trimming at all on the second go-around. But more importantly, I think, is Jones Creek. is if you look, I don't have to convince you how bad Jones Creek is. If you look at the Jupiter Inlet District website or the Loxahatchee Environmental Control website, they both state that the problem is the leaf and the muck and everything on the bottom of the creek. When I first moved here, there was portions of Jones Creek that was sand bottom, just like the beach. Now it's a foot and a half of muck. So the only solution is to dredge it. I mean, you can trim back the trees to where they were supposed to be trimmed, but it's still not going to fix the creek. The only thing that's going to fix it is dredging so it can naturally flow in and out. And I just think what's being missed here is the importance of Jones Creek being a major tributary of the Loxahatchee River that's supposedly wild and scenic and our beautiful blue Jupiter Inlet water. I mean, this thing, it's never going to get better. It's just going to get worse, which is going to feed into the Loxahatchee River, which is going to feed into the Jupiter Inlet. And not to mention, it's a tributary for all the fish. When I first moved there 20 years ago, you'd go down to my dock, and there's like thousands of little minnows. And you could tell by looking at them, they're all different species that end up going to the Loxahatchee, then out to the reefs where people catch them. But now you go behind my house and look off a dock, you're lucky to see a few minnows. So it's just a shame, and like I said, I'm not an expert on how to get it done, but somehow, some way, they need to get the funding to dredge Jones Creek. Or it's going to be one of those deals where you pay me now or pay me later, because it's not going to get any better. Thank you.

Mayor, that was our last speaker. We do have three individuals that did not wish to speak. Lynn Burney, Dave and Julie Love, and Elizabeth Tilley, who provided written comment for Jones Creek.

Thank you. And I know what I said about normally we don't discuss it and we're not, but I just want to recognize, I appreciate residents coming out and voicing your concerns. And we will counsel is, and we had been copied on some recent correspondence about this and we, i think all of us were waiting to understand the outcome of that uh those requests that had been passed on so we've heard them tonight um you know staff will be getting back and you know as i had indicated in we'll be responding and then we'll be, report comes to us and we'll be able to have some conversation about it. But just want to say that as a reminder, you know, there was nobody, I thought Loxahatchee River District, I know I myself went to the board asking if they would contribute. Once upon a time, they would have contributed something like this. We made the decision to do the original trailing, using Count of Jupiter funds. We couldn't get anybody else to contribute. I just want to make sure, for the record, everybody remembers that. And the fee that is being charged was to maintain it, if you will. my recollection, but it can be wrong. We're probably at the end of that contract anyway, and it's time to kind of consider, you know, what would be a logical next step on that. So, again, I'm going to just ask that that's something our town manager will have our staff look at, get back to us as a council, and we can discuss it when we're better informed.

Mayor, if I may just quickly, I typically give my comments My response is, if any, to public comment at the end of the evening and council comments because we don't typically comment on this at the time of public comment. But I will say it's biannual just for the benefit of everyone here. It was going to be every year, and it was made biannual, and it really was an organic development of this community. We've been so grateful at how organized the community is, how proactive they've been. They came to us. I remember the vote for it. um wanting to get this done and so we did make it biannual and there is a lot of flexibility and it really is something that we can work with you know at the residence so we hear you and we'll look closely

So thank you. We're going to move on to the regular agenda, and I make sure the residents that came to speak on that topic feel welcome to leave or to continue to stay. Moving on to the minutes, Council, we have before us the minutes of the July 7th meeting. I don't see any revisions on the dais. If there are none, I'll take a motion and a second to approve the minutes as presented.

So moved. Second.

Motion and a second. All in favor signify by saying aye.

Aye.

Motion carries unanimously. Moving on to consent agenda. Was any member of the public that wished to pull a consent agenda item? No, sir. Any member of the dais? Seeing none, there is one quasi-judicial item, number six. Does counsel have any ex parte disclosures? I have none.

I spoke with staff.

I'll take a motion and a second to approve the consent agenda motion and a second all in favor signify by saying aye I'm sorry I need to get the town attorney to read two ordinances for the record

ORDINANCE 2926, AN ORDINANCE OF THE TOWN OF JUPITER, FLORIDA, CREATING ARTICLE 9 OF CHAPTER 24 OF THE TOWN OF JUPITER CODE OF ORDINANCES ENTITLED FIRE RESCUE IMPACT FEE, PROVIDING FOR THE IMPOSITION OF AN IMPACT FEE BEGINNING OCTOBER 1, 2026 on land development in the town of Jupiter to provide for the funding of capital expenditures associated with the construction or improvements of public facilities and fire department and emergency medical services vehicles necessitated by new development. Providing for intent and purposes authorized by Section 163.31.801 Florida Statutes, providing for computation and the amount of fire services impact fees, providing for the payment of fire services impact fee as the prerequisite for issuance of a building permit, providing for the periodic review and adjustment of the impact fee, providing methods for payment of the fee, providing for the placement of revenue collected from fire rescue impact fees into a fire rescue impact fee trust fund established for that purpose. PROVIDING FOR THE LIMITATION OF THE EXPENDITURE OF FUNDS FROM THE FIRE SERVICES TRUST FUNDS TO CERTAIN CAPITAL COSTS, PROVIDING FOR EXEMPTIONS AND CREDITS, PROVIDING FOR REFUND OF UNEXPENDED FIRE RESCUE IMPACT FEES, PROVIDING FOR CODIFICATION, PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE. ORDINANCE NUMBER 3426, AN ORDINANCE OF THE TOWN COUNCIL, THE TOWN OF JUPITER, FLORIDA, approving an amendment to the Bears Club planned unit development, authorizing the conversion of a portion of common area track B to facilitate the widening of Bears Club Drive and the development of a maintenance area, providing for waivers regarding setbacks and providing for an effective date.

We have a motion and a second. All in favor signify by saying aye.

Aye.

Motion carries unanimously. Moving on to the regular agenda, item 12, resolution. 72-26. This is quasi-judicial. I'd ask if there's any declarations of ex parte communications. And with that, I will say in reminder that we're supposed to both indicate who we may have spoken with and the substance of that communication. And I went ahead today and spoke with a Our engineering director, George Asma, C.J. Lann, our traffic engineer, and Doug Kennecke, our town engineer, and the subject had to do with the traffic impacts on this project and the prospective solutions that were being proposed for our consideration. Any other expertise, disclosures? No.

Okay.

Yes, I spoke with planning and zoning staff about the elevations and materials used, about the planning and zoning conditions, and about the traffic solutions and concerns there. I also drove by the site.

And I visited the site, and that was it.

I'd ask for those that, both from staff and the representatives, the applicant, any parties that would be given public testimony to stand and be sworn in by our town clerk.

Please raise your right hand. Do you solemnly swear that the testimony you're about to give in this hearing is the whole truth and nothing but the truth?

Okay, I... Turn it over to the applicant to present its application. Reminder, this is limited to 15 minutes and you can reserve time for closing argument or rebuttal if there's any left.

Thank you. Good evening. Ken Tuma with Urban Design Studio. My address is 610 Clematis Street, West Palm Beach. I've been sworn in this evening here tonight on behalf of Ram, who's the owner of the shops at Jupiter. The item in front of you this evening is a significant change to the center. The center, which was established in late 1978 and stayed pretty much the same through 1991, And many of you may recall who've been around town for a while recognize that where the Bells is today, it actually was a Publix up until 1991. Well, the item in front of you this evening is to convert that Bells back into a grocery store. That grocery store is Whole Foods. Also, as a secondary part of that, we are modifying the architecture for the entire center with the exception of the area within the movie theater and north of that. So I'm going to walk you through a quick presentation. I'm going to tell you a little bit about our client. I have one condition of approval that I'd like to discuss with you afterwards. And I'd also like to reserve time after public comment for any rebuttal. So the subject site is owned by Ram. Ram owns about 14,000 apartments and 10 million square feet across the country. They purchased this center back in the fall. The last time that there's been a major update to the center was 2004, 22 years ago. So this is going to be a good upgrade for the subject site. Ram is located three miles down the road in Palm Beach Gardens and their site, which is called the Borland Center. So the subject site, which you're familiar with, the location is located at the northeast corner of Indiantown Road and US Highway 1. Again, it's been established for many, many years. We did have community outreach with our neighbors to the east, which is Ocean Parks Condominium. We met with their board of directors, and we also held a community outreach meeting with their entire community this past week. I know that you have received a letter of a comment from a resident. I will address that during this presentation. So the items in front of you, there are four, they're on the screen in front of you, but primarily architectural changes, an additional of a 1,244 square feet loading dock, the rearrangement of some parking and some cart corrals, and then also a change from indoor fitness to general retail. The big change is we're actually adding nine whole square feet to the center, which is an enclosure of what is a staple entry. So this is the existing architecture that sits out there today. In fact, in 1991, there was actually a development order amendment to make this arch here from what was at that point flat across the front. So the proposal is to bring it into a little bit more contemporary with some themes here with what is being proposed is the Whole Foods. Starting on the right-hand side of the screen, you will note that these are cover areas over pickup areas for drop-off shopping. And then you'll notice the two-story store glass and this bronze architecture and then these metal coverings. And interesting enough, There's nothing really being changed except this roof line is really going away and these metal awnings and this double story of storefront is being added. So this is just a little more view of the colors being projected. You'll note that there are some stacked stone here along the bottom left-hand side that goes along the frontage. The entire center is getting upgraded with the storefront centers to the movie theater. And so why does it stop at the movie theater? The reason why it stops at the movie theater is because our client, the owner of the movie theater still has lease controls over that. We are currently in continuing to work with the movie theater. Our client can address those specific items. However, we've agreed to a condition of approval that if the movie theater doesn't come in for renovations prior to January 1st, 2029, we will go ahead and paint the rest of the building. At this point in time, though, they do not have control over that to make any changes. Request number two is an addition of a loading dock in the back of what is the Bell Store. It exists today. It's not formalized. It's not hidden. It's out in the open. so this is the proposed loading dock there'll be a covered area this red line indicates a 12 foot high wall that's being constructed to to allow or to not allow the neighbors to be able to see what's being proposed there here on the screen in front of you starting on the right hand side behind the future whole foods this is an additional 12 foot high wall that will block that loading dock area You'll note the addition of landscaping along the base of that wall. We're including trellises with vines along the back of the building. And also importantly, we're having dumpster enclosures added to the entire site. Today there aren't any dumpster enclosures. On the dumpster enclosure for our neighbors, I want to make sure everybody hears this, The dumpster for Whole Foods is in the furthest south part of the site. It is far away from the condominiums it can be, and it is not a dumpster. It is a compactor and a sealed compactor, and that's how Whole Foods handles those situations. So this is the other dumpsters. On the left-hand side of the screen is exactly what's out there today. Luckily, RAM is taking control of this, bringing it up to today's code and also adding dumpster enclosures throughout the site so everything will be enclosed moving through the project. So a couple of quick things that are changing. Request number three, curbside drop-off place here on the south side, on the east side of Whole Foods. We've added cart corrals throughout the site. I'm not sure if I mentioned them. More important still are that Total Wine is coming, which will be replacing the Staples site. And this is the proposed condition for the cart corrals. You'll notice the protocopter is hiding it internally in the site. And then a significant amount of trees around the cart corrals. And then here on the screen in front of you are the curbside pickups, the Alexander Palms, and the existing Palms. We're going to be adding some trails features to create this look along the south side, or excuse me, along Indiantown Road today, which is absolutely bare. We are requesting to modify one use indoor fitness to general retail and a request to enclose a small space here that's about nine additional square feet. There are other improvements happening on the site. So a lot of changes, first thing on the mangroves, they have entered into exotic management plan. They are working on cleaning that mangrove area up. Also from a stormwater standpoint, when Ram purchased the property, And I know many of you have been in that property, note that the drain, the water areas and the parking lots are always full of water. Well, guess why? The lines were clogged up. So Ram has effectually cleaned that area. And then our civil engineer who's in the audience, we are going to be adding a filter. So the water that gets discharged into that mangrove area today, it is just discharged without filtration. We will be adding a filtration system to that. Also identified in red ovals are areas of landscape improvements to keep everything moving. I'm not going to dive in that detail, but the areas and ovals have additional landscaping. Along our back and for our neighbors, if there are neighbors here, this was an important item for them. For those of you who've been to the center, you know that in the rear access of Ocean Park and this facility, there is a wall that separates the two. The driveway on the right-hand side goes to Ocean Park. It's their exit. And then this is the rear, which will be the future Whole Foods. There's an existing wall there today. That wall has no landscaping on it. We are going to be planning on the east side a protocarpus hedge. So meaning that along the Ocean Park driveway, they will have a hedge in there. And then on the left side, we are going to be adding landscaping where we can. You'll note that there's a significant power line here. and that power line obviously limits what we can plant in that area. So identified on the screen here, the area will be adding some Simpson stopper trees and a cocoa plum hedge. And then here's that power line that impacts it. The letter that you received in the email today was about the access of the wall in the back. And for those of you, when you drive out of that site, you will note that there is a wall And there are two stop signs. That stop sign, one stop sign is on one side of the wall and one stop sign is on the other side of the wall. And they're back. And your staff made a good suggestion to us because when you have two stop signs that are behind a wall, you can't look over and see anything. Who is coming the other way? So your staff made a good suggestion and we agreed to it. We are removing approximately 20 to 32 feet of wall depending on the final design of it and that will be removed and that way you'll have a condition where you'll be able to have a safe stop area where you'll be able to see who's coming and who's going on the site. So in conclusion, I do wanna come back and bring one condition of approval up, but your Planning and Zoning Board recommended approval, your staff's recommended approval, and we have met all the criteria. I recognize there is one condition of approval. That condition of approval is number three. During the Planning and Zoning Board, they made a comment One of the board members made a comment, and that comment was, there's not enough coverage for one of the tenant spaces in the internal courtyard area. That comment, and then your staff did exactly what your staff is supposed to do. They added a condition of approval that said we shall install shade covering, trellises, or whatever may occur in that area. And Our position on that is, yes, there is an existing tenant there today. We want the flexibility in that area. We don't want to create a structure that is a permanent structure, but we want to create allow for flexibility in the future. We don't think that condition fits in there because we don't know what that tenant's going to do now or when their lease is up. We want to have that flexibility for the future. And with that, I'll conclude my presentation. We have our whole team assembled, including our transportation engineer. I suspect there may be a few questions. Thank you.

Okay, moving to staff.

Good evening, Council. For the record, Jenna Johnston with Planning and Zoning. As stated, the application for consideration tonight is a site plan amendment for shops at Jupiter to revise their architectural elevations, add an enclosed loading dock, reconfigure a portion of the parking lot and modify their uses. The proposed application requires review through the public hearing process, one due to the significant increase in traffic resulting from the addition of a supermarket use, as well as the change to the architectural elevations. Staff reviewed the applicant's request and determined the proposed is consistent with the comprehensive plan and the town code, subject to the conditions of approval included in Resolution 7226. The subject property was originally approved before the Indian Town Road Overlay Zoning District, which has resulted in existing legal nonconformities. Due to the scale of redevelopment proposed as part of this application, it is eligible for the incentives for redevelopment section of the town code and is not required to bring the entire site up to today's code requirements, but it is required to bring the site closer to conformance, which the applicant has made efforts to do. Staff has included conditions to further bring the property conformance, including revising the landscape plan for additional perimeter plantings, removal of exotic vegetation within the mangrove area, and stormwater improvement. Based on Planning and Zoning Commission recommendations, additional conditions have been included to require monitoring and maintenance of the mangrove area, replacement of existing dead and dying landscaping, and the addition of the covering for one of the outdoor seating areas. As discussed in the staff report, there have been access concerns identified primarily at the southeast entrance into the plaza, which is an access point anticipated to see greater use with the addition of the supermarket. To address this concern, the town's traffic engineer has drafted a sketch concept of an elongated roundabout, which has been included as Attachment D. The elongated roundabout is intended to create safer access to the subject property as well as the plaza to the south. To accommodate this design, staff has included conditions for necessary construction and utilities. The applicant has proposed a financial contribution to support the future completion of this improvement that is based on their volume of traffic. And this monetary contribution has also been included as a condition for town council consideration. With that, I will conclude my presentation. Please let me know if you have any questions. Thank you.

Okay, with that, I turn to council for any questions of staff or the applicant. I'll start at my left, Councilor Geisinger.

Yeah, I have a few questions. The applicant noted that regarding community outreach that you did reach out to Ocean Parks, I assume they're POA. What was the result of that outreach?

Sure, we actually had a good time at the meeting. I had a lot of new friends there. It was interesting. So we spent a lot of time going through the project. Their big focus was, one, the removal of this wall, two, how trash was going to be handled, and three, if there were going to be any light shined within their area. I will tell you the general consensus, as you can see, I don't think there's many people in the audience from there. We did a good job. We answered all their questions, and I thought we left that meeting in a position most very... Now, that meeting was July 7th, so we did not get a letter of approval from them, but we did have a very good meeting with them, and I think if they were here, the majority of the residents would say they were in support of the project. They particularly liked the total wine.

All right. Thank you. Go ahead and stay there. I've got a couple more questions for you. Yes, sir.

Of course.

Regarding the loading dock area. Yes, sir. Would that be a sloped dock going down so the trucks come in level then with the first floor Whole Foods, or?

It does level down. It is a high dock, and it does go down, but I don't know how far it goes down. But it is a high dock.

Okay.

Meaning the truck backs into the dock is approximately this high.

Okay. So the loading area itself is leveled in. You don't have any type of downward grading to get to the... Our civil engineer just confirmed that.

I just wanted to double-check the answers. Yes, it is level.

It is level. Okay. So we have a raised dock at the end that you offload. Will that backside of that low dock also be continuous with that 12-foot wall?

It is. It's 12 feet, but actually where the unloading occurs is enclosed 100% with a roof structure.

Okay. All right. Thank you. Loading dock entry. I assume these are semis coming in for Whole Foods. Will semi-trucks be permitted to enter the plaza via the alleyway? Or would they be required to go all the way around, alternate one way, come east, west on Indian Town Road, then turn right into it?

I understand the question, and I know where this is headed, so I'm going to ask Mr. Kerr to get up, because he could do a much better job at explaining it than I can.

Okay.

Good evening. Adam Kerr with Kimley Horne & Associates. The trucks would come in from the east on Indian Town and then enter that for that back driveway. So make a right turn, make a right turn. Yes.

How's that going to be enforced? Uh, cause we can't enforce people turning left in there right now.

So, right. Usually it's through the, um, through the management, uh, working with the vendors and working with the deliveries to establish that plan with them. Um, there certainly, you know, certainly are still not allowed to make the left turns in there. So they would be restricted to all the rules and regulations as well.

And it is, it is in their lease.

Okay, so right now there is no restriction for a left turn in there. There is a restriction for a U-turn to go back, but not a left turn, because if there was a restriction there, you couldn't get access to the back of the alley, nor could you get access to the Ocean Park condominiums back there. So it will be written into the lease.

It is. It's in the lease.

Okay. And I assume when trucks leave, they'll go all around the perimeter of the, uh, plaza and exit out through us one.

Correct. They could access the traffic signal at us one.

Okay. All right. Thank you. I was concerned. Why reason for my question was a semi sitting there waiting to turn left would be a lot of congestion backing up a lot of traffic there. So, okay.

Um, yeah.

Any more questions? I got a couple of questions of staff now. Thank you. Relative to the $96,000 contribution, how will this contribution from the applicant be, I guess, book kept and earmarked for these improvements? How do we capture that money and where do we fund it or capture the funds?

Stephanie Thurber, Assistant Director, Planning and Zoning. They're earmarked in an escrow account specific to the usage for the project.

Is there any timeline on when that funds have to be used?

If there's a condition of approval to limit the time, yes.

Right now there is no condition as far as limit? Correct.

And we do have, for example, we've collected monies through contributions, through development approvals throughout the years for undergrounding utilities. And we still have that money to do that work at some time in the future when we have a project.

And regarding the conceptual roundabout that was provided in the package that I assume our town engineering did that, do we have a guesstimate what the cost of that roundabout might be? I'm looking at perspective relative to the $96,000.

I'll let engineering answer that question.

Yeah, we worked with, uh, with your traffic engineer on that and the estimate was around $1 million for the $1 million, the construction, and then an additional $200,000 for the design component as well.

All right. Um, and one last question to staff, um, regarding the, uh, My big issue is traffic in that area, and how do we mitigate the access to the plaza off of East Indiantown Road? I read where that the property itself is located within the CRA, and that access concerned off Indiantown Road could be a potential CRA project. During limitations as far as going forward with the CRC are a project for this. It is only look for direction to the CIA Commission.

Yes. So it was the town council sitting at the CRA can provide that direction to staff. We're coming on our budgets on that. So it's based on your priorities and we'll be happy to move forward with whatever our direction is.

Well I would support that the council. take this forward as a CRA project just to get it moving. We can always worry about the cost later on, but I think at this point I would support pursuing this remedy to improve public safety and ease of access to the plaza. And with that, that's all the questions I have. Thank you.

Thank you.

I have a question for the applicant first and then staff on elevations. From the residents' perspective, There's a Whole Foods in Palm Beach Gardens, not far from here, and it has a very distinct look. That shopping center has a look. This is very different from that. Can you go over kind of what your process was for deciding on these elevations and color palettes specifically?

Yeah, so first thing, I'm going to ask Mr. Weber, our architect, to come up and give a little bit more define on the architectural style, Bob. But the short, let me back to some pictures here, though. So the contemporary look and the clean look was the design concept to allow for the double story of storefront and then also for the metal and then the canopy. So the concept was to create a bit more modern look. And I'll let Mr. Weber identify from there.

Bob Weber, MWA Architecture, 1701 West Hillsboro Boulevard, Deerfield Beach. So the intent was to create a more contemporary look to enhance the image of the Whole Foods as a contemporary and modern grocer. and to provide, invigorate the center as far as the existing tenants and carry that theme throughout the rest of the center using metal canopies, a white palette, and a gray and neutral color palette for the balance of the center.

Thank you. And staff, do we have a sample of the materials for this? They're typically provided by the... Could someone just hold that up so we can see it? It's hard on paper. I'm losing my voice, sorry. Thank you. Sorry about that. Thank you. Yeah, maybe we can pass it around. And then one of the questions we saw, and I'm losing my voice in real time here, but was regarding the portion of the wall that would be removed for visibility, which I completely understand for safety. There is a suggestion at one point of lowering the wall, having maybe two feet of height. So it's not the full height, but it kind of creates some separation. I just want to kind of understand the perspective there and if that's an option.

So there are specific engineering criteria. I know the town engineer is here, but typically a line of sight is 36 inches from a vehicle. And if that's acceptable with staff i know it's acceptable with our client i just want to make sure that that is something that we could do i would suggest however that you we do remove a component of it and not cut the whole thing down i don't know what that exact number is but i think you want to back it up some so there's a complete clear line of sight and then maybe cut it down for the other portion of it and we can work with the town engineer on that okay thank you for that um

Okay, and you had mentioned that there was some, you had wanted flexibility regarding the shade, but you are, just to confirm, okay with the restoration plan condition put in place by Planning and Zoning?

Yes, we are in agreement of all conditions except condition number three.

Okay. On traffic, and this might sound a bit out there, but... you know, we recognize that we need to do work on our side and I agree on the CRA project. Um, and that's exactly what I asked staff and discuss with staff earlier today. But, you know, I think there's a lot of, uh, you've made, you've made, you've become a discussion in town. Uh, you've gotten some notice and you've been in the press and I think there's a lot of, um, wondering, you know, what kind of timeline or what to expect with this center as a whole. And, We understand that you're looking, you know, the movie theater may be making changes. You had spoken to that during PNZ. You know, just trying to understand the timeline of, you know, bringing in future tenants, you know, named or unnamed, just to understand what type of traffic impacts, because it doesn't end here, right? There are future changes and what that's going to look like and what we might be able to expect so that we can get our house in order here. Can you speak to that at all?

So our client is in the audience. I'm going to ask him to come up and talk about the future plans. What I can tell you is, as of today, there are no plan changes to the movie theater. There isn't. It's under lease, and it has a long-term left in it. I do know they're negotiating, but at the end of the day, that's still under control of the movie theater group.

And I don't mean to give that impression about the movie theater, in case I did. The conversation during P&Z was just reducing the number of seats as related to shared parking. So, no, the theater is here to stay understood. But just, you know, take a big picture at this and what we can expect over time and what that timeline is. Is it 10 years? Is it three years? So that we can understand the traffic impacts that's going to have on this part of town.

I'm going to ask Mr. Maloney to get up and kind of talk about his vision for the center and what Ram's vision for the future is.

Thank you.

Yep.

I mean, the short response would be total wine is we expect to open late 2027. And there's a couple of small shop tenants that would open at the time they open. And then Whole Foods, we expect to open, call it spring of 2028. And, um, there'll be a few other tenants that, that open smaller tenants, small shop tenants, um, that open between call it mid 27 to, to mid 28. Um, but, but as far as like the, the, uh, those anchor tenants, that's the kind of the timeline. Um, and then I, I, I think we'll work something out with the theater. And I think that that, um, are, intention is to downsize the theater because the, um, they're really, you know, large theater, a little bit oversize have, you know, more, more, uh, seats than they need. And, um, to re tenant the remainder of that box. And that's probably, um, you know, we're not there yet, but that would be probably late 2028. would be, you know, the intensity of user would go down, not up. I mean, based on the parking code.

Thank you for offering that because I think just understanding the uses or some of the vision can help us understand the intensity and number of tenants, timeline, intensity. So thank you for that. Staff, question for staff. So my understanding that because of these traffic impacts that triggered a review, uh, that to remedy them, the applicant has offered a payment and that this has been put together using a methodology by the traffic engineer. Is that correct? It wasn't required. It was offered or what's the mechanism by which, like, how do we look at, um, our businesses in this area contributing to traffic impacts and solutions like the one presented in Attachment D going forward?

In principle, there are some methodology needs to be determined. The most common one is According to the statute, there's a traffic concurrency to determine the so-called fair share price proportion. However, in this case here, the roadway is not failing, even though as of today's traffic conditions, the side street traffic coming from both shopping center has the substantial delay is what we rated level service F. But as the combination of the overall performance in terms of the delay, after you balance out the east and west traffic performance on the Indian town road, the delay measures, the average event measures is actually acceptable. because side street delay, even the delay per vehicle is high, but side street traffic volume is low. So when you combine the delay measurement all together, the intersection is operate at acceptable level service. So the methodology we adopt to assess the price share here is based on the the traffic impact coming from this particular the net traffic impact coming from this particular development divided by the overall the traffic entered into the future the traffic control mitigations. So is the X number of the trip increases due to the whole foot divided by the projected overall entering vehicles, entering traffic into this proposed median mitigations.

Okay. And, um, you know, if the Southern, um, strip mall were to do major renovations, would they contribute in a similar way? And if this center, I mean, these are anchor tenants we're talking about now, but, um, And we did hear that intensity may actually drop, but depending on future changes to this center, would there be additional payments as traffic is added to the center?

Um, if the, if the mitigation was not built, constructed, and there's additional, um, a tenant add into. We can potentially also ask for the contribution based on the similar methodologies and ask for money for the futures construction. Yes, that can be do. And all of this can be additive. All the contribution from the future tenants will be considered additive to the whole part of the the money that can pay towards the future design and the constructions.

Okay. And so we saw a few different remedies proposed. One was the elongated circle that you had an attachment D, which does, can I confirm that doesn't require right of way from the center? Okay. So, but there are two additional options, two different roundabouts. One, the applicant is not okay with, where it would enter their property. I saw a couple of different exits and then another roundabout that would not, but it would push traffic potentially to the southern property. Is the thought that it would make the most sense to start with the elongated and then graduate as traffic grows to a roundabout or what's the traffic solution vision for this area as traffic increases or what plans are being discussed at staff level around that?

Yes, that is excellent questions. So originally we proposed the regular roundabout, actually the dual-lane roundabout. That would, as you can see also from the conceptual plan, the original proposed roundabout was extruding into the property on both the north side and south side, and the north side actually had a reverse impact on their parking lot, and also make the ingress, the outgrace, moving or navigating through that parking lot a little bit more difficult, although it's not, it's not infeasible. So that, that configuration, to be honest with you, it has the best traffic operation performance. However, given the, the sacrifice on the right, Right away, the elimination of the parking lot, it was not considered the most feasible alternative. After the applicant shifted the entire ball down south, one of the deficiencies is you're making the east, westbound traffic at the much more straighter movement and without need to negotiate the accurate entry angle into the roundabout. So you kind of defeat the purpose of the roundabout because of the higher speed of the wastebound traffic is proposed to enter into a roundabout. So it does, it will impede, it will impede the north and south, the traffic. that has already inside the rotary completed their traffic movements through the roundabout. So it not only impedes that but also will impose some kind of traffic safe movement within the roundabout. So that is not due to that deficiency that is not considered the feasible alternative as well. That's why the third option was proposed. I suppose that given the offset of the two driveway that is considered the one of the best configuration for the uh, realigned that the north and south, uh, north and southbound, uh, traffic entered into the, uh, roundabout and then several navigating, navigating through the roundabout area and, and, um, certainly making the northbound left turn and southbound left turn out of the area. However, however, the, uh, the, um, the, the offset from that is it does increase the side street delay. But compared to the current level service F, you need to stop for more than like a couple of minutes. It actually reduces the side street delay down to a minute's range. So unfortunately, The traffic operation efficiency is not comparable to the regular roundabout, but it's a compromise solution between the regular roundabout and current two-way stop control.

Thank you for that detail, because I know that I think PNZ did say that we have to keep looking at this or studying it. We don't know if either one is feasible, so it is helpful to kind of understand that a little there.

And finally, allow me to add one thing. Those proposed the statutory delay close to a minute, that was the worst case scenario. But given you have in a close proximity to the synchronized intersection where the intersection was not in the right of way and your proposed gap for the side street to access into the elongated roundabout is actually that traffic need to be stopped for the signal and the sanction nearby does create a higher number of the gap for the side street traffic to get access to it. So in that situation, if you average out the potential will be less than what has been suggested in the conceptual drawing.

Okay, thank you. And that's all I've got.

I've got some questions, some of which have already been answered. I may just kind of refer to them. You know, this is one of the most complete packages of information. Kudos to the applicant, the applicant's consultants, our staff, because it really had everything there for me to really understand it. and it becomes more of a public hearing is this it becomes more of just to pull out into the public record the points on which I'm really going to ponder and make my decision as one of five up here but I appreciate in particular the estimated COD date for Whole Foods because that's a significant date because that's when the significant traffic impacts happen Again, in this thorough package, it refreshed my memory on a lot of things. A decade ago, I sat up here and we were pondering about what could be done to improve access into and out of this site. We didn't have a solution. Really, that was a good one. And we left it at that. We were going to do something, but we didn't have a good solution. And so I'm kind of delighted that our staff never gave up. Even after the P&Z meeting, came up with a plan that makes, to me, good sense. So I'm grateful for that, never giving up. So I want to ask staff to just come up. And for brevity, I'm going to just say some things and I'm gonna ask this either be CJ or George to confirm that what I've said was correct on the record. So the first thing, which you don't have to comment on, but I'll share that. You know, I learned over two decades ago that a TPS approval from Palm Beach County never considers any ingress, egress to the site. They say that's a site plan issue. When we were doing Publix and Chasewood, They didn't care about stacking distance or anything like that because it was an issue for the local government. And most local government officials don't understand that. They think, gee, the county approved this. So I just want to make sure that I'm emphasizing that. So with that, and going back, and I've gone to this center quite a bit over the years. I'm going to miss Bell's. I appreciate the ongoing improvements that have to be made in today's business environment. So I know well how to get it in and out of that site if you're coming from the West. And you do what's not quite a fully legal left turn or a U-turn. I mean, that's what everybody does.

I'm guilty of it.

um so cj you know look at the traffic numbers excellent job by the applicant and they're there and uh so if we go from the the existing center to the proposed center and yeah it might have had a public's but that was 20 30 you know four years ago so what's been there for the last couple decades is what's existing and what's proposed is from the adp it's an increase of Average daily traffic, it's a 46% increase. I just want to put in perspective what 3,575 means. It's 46% more than existed. AM peak, it's 175 more. It's a 69% increase in peak. And in peak hour, PM, it's 77% increase of what's there now. So that's a significant traffic increase. You know, you look at this and the most significant thing is the change of use. Quite frankly, I just don't want to, you know, you could be kind of lulled into believing there's not much of a change here, but the change of use is driving, you know, the 46% daily and 77% PM peak. which is a level of service F condition, which we can't, I can't agree with and accept as, as a comprehensive plan obligation. And then all of this increased traffic generation by and large is created by whole foods, which is at the Southeast section of the shops at Jupiter center. And so I think the increase in the percentage of traffic to from Indian town road It's really going to be more than it's estimated here. So, you know, I was at the position, and I follow these things when they get to P&Z and whatever. um and how they react and they help in the process and i was at the position that i would never approve this change without solving this much of an increased traffic impact when i really think we have unsafe conditions now so that's why i was you know, delighted to get the engineering solution that I think makes sense. Do you agree with what I said as far as factually with regard to the impact from the change of use?

Yeah, I agree with the increased percentage before and after.

And, you know, there is, you know, when you look about the rules that are on the book on fair share contributions, there really is nothing They're really for roadways. Arguably, what is the purpose of this elongated roundabout? It's for turning movements.

Yes.

It's not for the movement east and west on the road. It's on the turning moments that are either going to the shopping center to the south or the shopping center to the north. So this entire project is entirely attributed to the traffic to those two centers. So, and I don't want to put the applicant on the spot, but, and I don't know how my colleagues stand on this, but, you know, I was, again, I made it pretty clear. I would not support the project at all. if we didn't have a solution for the traffic impacts and I do believe that and so if I'm to support it I'm certainly going to support it knowing that we need to move ahead with the elongated roundabout because I am good conscious both as an elected official and as a professional engineer could not allow, you know, this really to happen without really addressing it. I don't think that, and while I do appreciate the applicant's offer of the $94,000, I don't think it's a fair amount. I'd ask the applicant to consider a higher amount. And, you know, I think it's important that we, if we were to approve this tonight, that we're committed, that we're gonna be coming up to the balance to make this happen. So I wouldn't support it at the 94,000, but I appreciate at least the willingness to consider something, but that was based on kind of ADT. And to me, it's the turning movements, and the impact of the 77% increase in PM peak that really drives us to do something. So thank you, CJ. I don't have any more questions, but on the, so going back to the open items and in my mind to be able to support it, number one, did I hear Councilor Sundstrom asked the questions about the lower wall, and the applicant's rep had indicated you were familiar with the letter we got. Well, the letter we got suggested a lower wall would be satisfactory, and then to the degree that lower wall does not impact site view, then it seems like that would be acceptable, and it sounds like, but I want to put you were acceptable for that um so is that was that not the case what you agreed to yes i mean i what i stated mayor kretzky is that we uh potentially may have to tear a portion of it out for view but the balance of it we could trim down and we will work with your engineering department and i'd fine with it being worked out with engineering to try to accommodate what the resident had asked for yes sir um then um And, you know, the way this can work up here is, first of all, I could be in a minority and it doesn't matter. But, again, I'm not going to be supportive unless I know the solution can be implemented. And that would mean that there's a reasonable, you know, what I think to be a fair contribution on part of the applicant. I don't know how my colleagues feel. There's two ways we have up here to do things. And again, I don't know where they stand. We're going to be deliberating after these questions, but we could put a number in and then you accept it or not, but it's subject to the condition or, you know, if a majority were not to feel comfortable with the 94,000 we would always give option, do you want us to reject it? So I just ask this, is the applicant willing to up their percentage contribution? And if so, how much?

Mayor Koretsky, I'm sure there's some caucusing going on in the back. Can we maybe pivot to some more questions? We give them some time to finish up the conversation. Sure. Thank you.

We could come back to that. I'd appreciate if those conversations are happening.

Yes, sir. Thank you.

Thank you. Then my comments are being addressed. Councilor.

A couple questions for the applicant and some for staff. I'll start with the applicant. The truck ingress, did you state, I was taking some notes, that the trucks will be heading west and then turn into the back of the plaza?

That's correct, but I'm going to get Mr. Kerr to confirm that.

Are they going to come down to Indiantown, make a U-turn, are they going to go down all the way around

from route one or allow adam to come up and address it i know the answer but i'd rather have it come out of the professional engineer's mouth sure no no they would not be making a u-turn on indiantown they would have to access indiantown from from uh a1a from a1a right they would circulate around the long way so they'd have to go through the the uh the inlet district area or come up to the beach and all that that's until the point at which the elongated roundabout allows for the left turns because the left turns are prohibited at that location.

That's how they would have to come in. And then, excuse me, I appreciate the filtration of the stormwater. Does all the stormwater from your parking lot go into the mangrove area?

The answer is yes, but we'll let Mr. Rao come up and confirm that. Okay.

Good evening, Kenneth Rowell, Thomas Engineering Group. Yes, all the water from our parking lot goes through civil inlets and makes its way to the mangrove area through three separate outfalls.

Okay, and you said they've been cleared out or they're clogged currently?

Yes, they were clogged and I believe the majority of the cleaning has taken place and there's still some ongoing cleanup taking part as we review our videos.

Okay, thank you. I appreciate the enclosed loading dock. It's safer, it's better for your products, obviously. And how are you folks set for emergency generators? And can you withstand a hurricane event and for how long?

Great question.

What's your policy with your other stores?

I would have to look at the Whole Foods work letter to see if it calls out the generator. That would be part of their... requirement, but I don't know off the top of my head. And we can kind of dig it up and find out.

So was it a, so you probably wouldn't know if Whole Foods has a policy where if there's a hurricane, they're prepared they have fuel or they're tapped into a natural gas line where they can keep their operation running, bring trucks in when they can to feed the local population. You're not sure about that? I'm just curious.

I'm not sure. I mean, I know they've been operating. All right, go ahead. Yeah, thank you. Okay.

So there's a life safety generator, which handles all the life safety aspects. And then there's capabilities for a roll-up generator where they plug that generator into the electrical system.

Okay.

Like in an event, you know, it's coming, they bring it in if they can. Precisely. Okay. Diesel? I would imagine so. Okay. Yes.

Okay.

Thank you.

I guess staff? Question for staff? Regarding the roundabout, the $94,000, what's the idea of the cost of the roundabout? Any idea?

As I understand it, it was a mutually agreed upon methodology based on the traffic coming in and out of that side street. So there was a percentage applied to it. I believe it was 8% total project cost of 1.2 million design build. That's where the 94 came from.

Okay. And so we, we, the mayor mentioned 10 years ago, but I think it was more like four or five when they did some drainage improvements on that part of Indian Town Road. We looked at this, but it didn't come to fruition.

Well, it was refrigerated in 2016. We were looking at it.

I didn't think it was that long ago. Maybe it was. Time flies. But we never got that done. So you think this would really help the flow of traffic?

Based off of the town traffic engineer, this is an approach to... one not have to use additional right away to make those turning movements much safer.

Definitely make them safer.

No doubt.

Okay.

Um,

It is in regards to parking this is this is going to require much more parking flow or capacity than the bells obviously correct, but they are they they fully parked or they is it all involved in the shared parking or is it it was there a deficit in the whole Plaza is it is constituted now with the whole foods going in with the be a deficit parking or they parked.

They do have shared parking. I believe the reduction is somewhere around 5% overall.

It was 5%.

A lower percentage for how many parking spaces they have on site. Certainly, I'm sure. Whole Foods will generate more practical trap more practical parking than knows does it today? But there's pretty significantly large field there and the percentage as I said being 5% The code allows you all to approve up to 25% So it's a pretty minor income reduction and a lot of uses are changing back and forth So there's some ebb and flow to the parking demand going up in some areas and down and others, right?

Okay Let's see Yeah, I agree with the mayor. I would like to see a higher donation on the roundabout. How much was it? 1.2?

Total project cost is anticipated. That's design and build, so that's 1.2 million in total. 1.2 million, okay.

I would want to see a larger donation on that. Okay, thank you. Appreciate it.

Counselor Dillian, can I piggyback off of something you said? Because I thought you had a good point with truck turning movement. Would this round, maybe staff, likely staff, The round about the long gated round about so it's not just car movement car turning movement, but we're saying that the truck. The truck flying in would be able to use that as well and they wouldn't be going through our inlet village and we're going on a one and they would be able to use the traffic improvement.

Good evening. George Zalman, Director of Engineering at Public Works. I figured I'd take a turn. So this is just a plan, a schematic plan, if you will, a concept plan. So this is subject to engineered design, which will incorporate turning movements for trucks and emergency vehicles.

Sorry to interrupt. Can we pull it up on the screen, actually, while we're talking about it? Is it possible to pull up Attachment D just so we're all looking at the same thing? Sure.

i had a follow-up question related to this too by the way so i don't think it was answered uh fully um to cancer that's good i know i see the mirror with it on the desk and i'm like i don't want to go through the 200 page document well it's in it yeah yeah it's attachment d by the way i print mine i understand i'm trying to navigate quickly was attachment d good it's good for residents to see and throw it up as well agreed yeah but as you're pulling it up you know what this does compared to what we had looked at before um being some years back is we were gonna i was gonna have to drive further down east and then do a u-turn so it was never a practical solution we had this now when you pull it up provides for a U-turn that would enable me to go into the normal entrance as opposed to the back of the center, which is where the only place people can now left turn into the back of the center. But as we're pulling that up, then I question from a, which is Councilor Sundstrom was asking, I question isn't just design of the roundabout because the direction in place that the semis were going was to the back of the center. And the roundabout is really intended to accommodate the regular general public. And even if that roundabout now were designed for a semi, then the semi would be going into the entry further west and then have to maneuver through the shopping center so when that question was answered to counselor Delaney I'm not sure I question whether or not and really should be applicant actually answering that one you can answer it but Because that's within their sight, right? One thing is the roundabout design. You could see where the turn is. But it's really within the sight. Is it going to be accommodated, a semi moving to get to the back? That's why I think they had a right turn in. Yes.

Yeah, and this, like I mentioned, this is a concept design. We would have to, we would go through full engineering for accessibility. Obviously safety is the most important, but we would even look into this area here. Obviously there's access that's required into the rear of the property, as well as the adjacent residential properties. So that would be, you know, there would probably be, I would anticipate a couple alternatives during early phases of design.

But if it was to be presented as it is, then basically the right turn in for semi would be at the western entrance, and then they would have to maneuver through the shopping center. So I'd like to ask the applicants... traffic engineer to comment about that

As presented here, if, if this were exactly how it were, were constructed, the trucks would still have to continue to come in from the east and use the, yeah, I stand corrected on my previous statement. They would still use the east entrance and have to come in from the east as, as it stands here. But again, there could be ways to look at alternatives to allow the trucks in from the left there. So it would be the same, it would be the same circulation as, as, as today.

You know what time you you're sure is your stores you get deliveries from your trucks?

After 7am after 7am.

That's a pretty broad spectrum of time 7am to they're usually early in like nine or 10 or

No, deliveries usually occur in the morning. There are like little smaller trucks that might come throughout the day, but the big trucks usually come early in the morning. Here, I think we've already agreed that it would, I think, 7 a.m. to 10 p.m. are the hours, you know, since there's nearby residents. And so that's why I said 7 a.m. There's some locations where they come at 5 a.m., but not here. Okay. Thank you.

Vice Mayor?

My pretty much comments. I'm hearing a lot of what I have written for notes. But have you given any thought to the traffic that already exists with mall theater in the church and how it could impact traffic going east and west as well. I suspect some of the patrons at the mall or going to church are going to be going in and out of the plaza. Just want to be sure that thoughts have been given to the existing businesses that are patrons that are there now. I can see peak times with the theater could get very dicey. I won't even go through this elongated roundabout because I still, conceptually, I need to see something in the safety realm. I don't see it right now, so I won't go into that. But I do want to be sure that existing businesses, and even across the street, I suspect they're going to start doing some upgrading, which will add more traffic. I want to flip back to other shops Or what else is going into the plaza? You said smaller things. Help me envision that.

Thank you. I love talking about landscape and design. So let me get, oops, we're on a different slideshow. So I'll just walk you through. So basically at the intersection at the northeast corner of the site, which on this slide would be over here on the left-hand side, there'll be significant landscape improvements by the sign area. We'll be removing the trees. We'll be placing new trees, new landscape in that general area. Also along the east side, Today on the Bells where there's absolutely no landscaping, there'll be a landscaping, a foundation landscaping placed in it. And then also on the entry on the northern side along US 1 will also be improving that area with landscaping.

And what I was really referring to is future tenants, small shops.

Oh, well, that part I can't get as excited about. But, yes, I'll ask Brian, the landlord, to come up and talk about that.

I'm thinking about what kind of small shops, what kind of traffic. From a traffic standpoint, yes, and I believe that's what – And did I hear the word restaurant, or did I just –

make that up in my mind you mean are there restaurants there are restaurants on the site anything new coming in with a bigger restaurant i'll defer to brian on that one but i know the answer is no i think bigger but i do know that there potentially could be some restaurant space okay great i'd love to hear that our new restaurant's opening okay hi

Um, I, I think the proposed tenant mix would be similar to other kind of grocery anchored shopping centers you see in, you know, like a Chasewood or you see in Palm Beach gardens or other parts of Palm Beach County. Um, as I think through, um, tenants we're talking to, there's a, a, a coffee shop, uh, a cosmetics retailer, some services, um, you know, typical service tenants you'd find in that kind of shopping center. Um, let me think what else, uh, fitness there's, there was a big fitness operator and I think fitness, whether it's, um, smaller boutique fitness operators or, or, uh, a larger fitness operator in the future. Um, and then other retail, I think retail's harder to, to get these days, you know, you, you have like a gardens mall that sort of ends up being where people go. But I think with, um, I think we'll have some kind of boutique retail, you know, local regional operator type retail.

And you said the total line is 27 with Hopewood's 28. When does construction actually start?

With your approval, we would start the process of permitting, and I think we'd begin by the end of this year on renovations. And then I think I said total wine would be the kind of mid to late 27 would be the first.

All right. And I agree with my colleagues on this donation. I think we need to have further discussion on that as well. And again, back to that whole elongated roundabout, I need to conceptually see a little bit more as time goes on.

Just to wrap up, I believe, on the open questions or follow-up. So as a project manager, I know and would expect on the timeline, which was the question Councilor Sunstrom asked, start with the significant construction. What's Bell's departure date?

Bell's lease expires April of 2027. Okay. Okay.

So unless they move that earlier, that really becomes the date that really the significant construction happens.

Yeah, and that's where the time that was given for the Whole Foods opening was sort of built off of that timeline and why... You said spring 2028, so that leaves it for a year construction time. Yeah.

On the curbside pickup spaces. Again, I know the shopping center pretty well. I know when it's raining where to run to get under the overhang and you're limiting the overhang, which is fine. But I imagine the curbside pickup which is covered the the service from that is from now going to be from the side of the building from except from the front. Is that correct?

There's a, you're talking about how the Whole Foods employee gets the goods to the customer? Yeah, I believe there's a, on the side, but close to the front, there's an entryway there.

Which is under the overhang or whatever, so there's a practical way for that to happen in the rain. Okay. Because from the entrance now, you're eliminating some of the overhang. It sure seems like it.

No, sir. And I'll ask Bob to come up and articulate it even better. Oh, I can't get the drawing up. Bob, come on up and explain.

You talked about the elevation that showed the glass.

Where the roof was and where the roof isn't, there's actually an overhang that comes out along the frontage of that.

Okay, I didn't notice that. It's lower now.

I'm sorry? I think it's lower now.

It's lower, yeah. It's a flat canopy that's between the

the walkway storefront and the clear story above it. So that it's still covered. And there's actually intended to be some outdoor seating area at those locations. Okay.

And then I understand there was caucusing going on on an increased amount of contribution. Any decision made on the part of the applicant?

Lots of caucusing going on. So our transportation engineers had the opportunity to work with the town's engineer this afternoon, and they've come up with a formula for a more fair share. And I'll let Mr. Kerr come up and address that, and then we'll put the number out there, and we'll go from there.

Thank you. Yes, we did add back into the methodology the left turns, the illegal left turns before we had not included those in our methodology, recognizing that they do exist. And when the elongated roundabout is constructed, those are additional left turns that would be coming into the property. So that increases the proportionate share. And then we also looked at the, not just the daily, but the a.m. and the p.m. trips as well and looked at an average there. So that came out to, in working with CJ, that came out to a 12.6% proportion, which is $151,200. Okay, thank you.

CJ's still here? Or George, do you agree with that estimate with the new formula?

It's 12.65%. But the...

$151,000, which is the number he just threw out. Do you agree with that, CJ?

Yes. $150,000. Okay.

All righty. If there's no other questions, do we have any public comment?

No, sir.

Seeing none, I'll... ask this time had been reserved if the applicant wish to make any closing arguments.

Mr. Ray or no, thank you for your time this evening.

Okay. Turning the council for deliberations. Does anybody want to begin?

If I could begin. So I agree with the mayor on the contribution and I accept the proposed contribution and could make it or include it in a part of a motion down the line. I do agree that the number one focus on this project should be traffic. I do think the improvements need to come not after but along at the same time as projects. We've been pretty consistent about that over recent years with Bush Road and other things So I do think that we need to make this a priority on our side and would support the CRA project down the line, as was mentioned earlier. I do look forward to seeing how the design evolves. We did bring up the discussion around accessing the back of the property as well as the condos back there, so that may change this design a bit and recognize that it could evolve. But overall, I am supportive. But I do have a couple of other kind of concerns I want to raise. One is the elevation. So I did ask that you see the materials. And I do just want to raise that, because we just recently looked at a contemporary style building. And it had coquina. It had natural native stone material. It had more neutral, more warm coloring to it. A lot of the buildings that we have in this style have this warmer, more inviting tone, and the one in Palm Beach Gardens has similar color palette as well. I don't want to throw too much at them tonight. I do want to say I do love the window at the entrance, the double window. I do love, and I'm okay with the contemporary style, but I want to ask, and discuss here tonight if we can look at this gray coloring. Because to me, and I use Whole Foods and Garnt, I don't know, I shop for my family at pretty much every grocery store because there's always one ingredient that they have that the other doesn't. So I feel like I'm an expert here as a mom to young children. But it feels very cold. And I don't feel like it's Jupiter, honestly. I think it needs a few accents, like the natural... That's not the color stone we use. Those aren't colors we use. We use pastels or with whites we use like a natural color. We used coquina on another building recently. You see it everywhere. That color, it doesn't have to be that exactly, but that coloring, warmer woods, I saw in the color sample here, a very cold wood with gray coloring. So, and we've got it on display here. So, you know, I don't know if it's possible to add like warmer wood accents, add more planters, just make it more inviting, make it warmer, make it more specifically and uniquely Jupiter if possible. It doesn't have to be a wholesale change, but just accents and color. And that's, I mean, I may be in the minority here, but that's what I see around town. And I really want to make sure that our architecture fits and this council has the right to review elevations. And so I just want to raise that because we do get comments. Like I get comments around the Abacoa Plaza with public black and white is very popular, but warming it up with landscaping, warming it up with accents is really important too. So I'd be curious to what my colleagues would say to that. Um, and if the applicant would be willing to make tweaks to make it more inviting and welcoming in the beginning, um, with planters or greenery or somehow a more natural native coloring.

I'll just weigh in on that. When everybody starts commenting on things they're talking about that'd be part of our action, I start thinking about how we would do that. And I historically have

Never really weighed in much on color, but I know color really is significant to a lot of people.

So I respect that. I think the only practical way to deal with that, if you really feel strongly about it and I would support it, would be that that would be an item that would have to come back because I don't know how you can delegate that feel that you're concerned about. So we could make it a condition of coming back. In the meantime, they would be working with staff, you, and whoever else weighs in up here to come back with something, and then it would be subject to our approval.

Staff, could I get an understanding of what that would involve? I don't want to hold this up tonight, but I do want to see what improvements could be made there for fit.

So if you're talking about changing materials they have material boards modifying those to be warm colors to have more natural colors not more natural stone. That's a pretty simple request. We could also look and and you know address planters, there's already some planters proposed. So we could look at areas where feasible, and we can put those in as a condition where feasible, adding additional planters along the front of, and if you're looking at Whole Foods versus the rest of the plaza, we can look at Whole Foods themselves. But it isn't, you know, if you go back in time, this used to be the indoor mall. So there's a lot of, there's been a lot of modifications and evolutions over the years. Um, and if you're comfortable with staff doing it, we'll be happy to do it. So it doesn't have to come back. Um, we could generate a condition and we could read it to you.

Um, if you'd like, um, that's what I would prefer because I don't want to hold it up. Yeah. And I do just want to make tweaks that could make it more inviting and a good fit. Focus on fit. Yeah. If that's acceptable, I can... Yeah, if I have any support, and I know I may be in the minority on this, but it is something that I'm very sensitive to and that I do pay a lot of attention to and that I do get comments from other moms, from other people that care about just the aesthetic fit across the community and the style of the town, and is it Jupiter, and is it a fit?

So, Counselor, you're okay with the architectural style? Correct. Just looking at the color palette? Correct. Okay, all right. All right.

I think you had two items. Was that it? That's it. Okay. Moving on down, Councilor Geisiger.

Yeah, I agree with your recommendation, Mayor, and the proposal to increase the contribution to 151. Obviously, traffic is my main concern. I support a potential CRA project in the future to make this more accessible and accessible. from an access standpoint and from a public safety standpoint. And so based on that, I'd like to see us accelerate. Whatever that concept is, whether it's elongated, Roundabout, I like to see that accelerate so that design and potential construction is more in line with the eventual given a CO to Whole Foods at the end after all construction. So as far as what the applicant presented, a lot of detail, I appreciate it. I support what you're doing there. I really appreciate the enclosed dock. The sealed containers, I think, is a plus in the added landscaping improvement overall, I support. I do also appreciate the additional landscaping of the cart corrals that you put in the shopping cart corrals and also the efforts taken to improve the drainage and the water quality being dumped into the Loxahatchee River. And I understand that's all going to be on a routine maintenance plan also to ensure that there's no lapse in that maintenance. So I support all that and I commend you for a, I thought a very detailed presentation that you provided. And I thank you for that amount of detail. It made my job a little bit easier. Again, my big concern is the traffic. And I think we've addressed that with an elongated or a near concept of what that roundabout might look like in the future.

I do just quickly want to add a note of praise the car crawls are wonderful. Thank you. There is a the garden whole foods does not have them and people Park and the which should be accessible parking and they do block spaces and they do create traffic issues and blockages. So thank you.

Again I want to just reiterate everything that said I appreciate the detail. I like the fact that you've taken You're landscaping. You're open to adding more. That's very important. The drainage in the Loxahatchee River, I can't even tell you how good it feels going in there when you can just park and not have to worry where you're parking. We've seen that with other parking lots. The contribution, I have to tell you, I was hoping it was going to be a little higher, quite frankly, but I would accept the $151 million.

Can't fight a girl for trying.

I would also agree with Councilor Sundstrom that a little bit more Jupiter feeling, not such a sterile kind of look. Whatever we can come back with with staff, we'll put it in their court. Of course, the traffic and safety is my biggest issue. Again, I'm slow on that elongated roundabout. But I also want you to be cognizant of the mall theater, the church, going to add traffic at different times. And traffic just puts people in crazy moods. We don't want to open it up to anything that could happen. And, of course, I support the CRA effort. Let's get that going. But thank you. It was a great presentation. I think it's going to be a bonus to Jupiter, interested in seeing what else gets in there, and also interested in the longevity of the smaller shops, quite frankly. We see them coming and going, and that's not easy for the... shop person or the residents are always asking why can't something stay so i put that out there and wish everybody good luck as you bring in new tenants yeah i like the um i like the project as a whole and i think that plaza needs definitely needs more traffic because it seems kind of quiet over there would help some of the other

ancillary businesses in there. I mentioned my last comments. I appreciated the stormwater. I have a lot of concerns about the truck ingress. And like tonight, I mean, I don't have a guarantee that trucks heading east on Indian Town Road can drive into the back entrance of the plaza. So I'm not ready to vote for this application. I mean, it you know, I know we've looked at this before. It didn't come to fruition. I can't remember why. And I'm not sure if, you know, I don't think I agree with the contribution from the applicant. I think it's too low. I mean, are we ready to approve this and then spend a million dollars out of the town coffers to make this happen for them? I mean, or was this, like Councilor Geisinger mentioned, was this planned at the CRA? Is this something that's been brewing in the CRA to get this elongated roundabout? That's news to me if it is. It isn't in there now. Yeah. It is not in there now. It's not in there. I can't approve this as proposed right here. I'm looking at the roundabout, and like the mayor mentioned, you'd have to come into the further west entrance to the plaza, which brings you to the front of the plaza. Now the trucks and me are all around. You can't get to the back efficiently, and I'm very uncomfortable with rerouting trucks through the inlet village or along the beach road. So I don't know. I can't.

Let me bring up...

I don't want to hold it up unintentionally.

No, no, but let me just... Regarding that topic, because I was kind of inventorying what we would have to make as conditions... So, yeah, I think all of us are uncomfortable with semi-trucks now, increasing semi-trucks going through the inlet village, you know, and the adverse impacts on that. And I also think the contribution is too low, but I certainly also want to make sure, and people may think this is funny, but I've said this many times in my day job when I was in engineering, that an engineer can do anything, it's only money. Well, I want to make sure that this, as our engineering director said, while this elongated roundabout could be engineered to potentially deal with the trucks, that would result in an increase in cost. All of that cost shouldn't be borne by the town. If it turns out it was driving the cost up, I still think it'd be beneficial to do. But is it practical? Because this could be a condition to limit semi-truck ingress to US-1. And I know this is closed here to the really normal discussion, but that could be a condition that we could do that eliminates the right turn in. realize that to the degree that the normal delivery times is really before it is shopping center business.

Is it feasible to me enter through the parking lot to get into the back safely?

I want to ask the applicant about that because that could be a condition that we could make it and that resolves our concern about the impact from this with the right turn only in. So I think they're kind of conversing about that, but that would be a condition, you know, and we've done conditions like that. I don't remember when, but I think we have. That would address that.

Can that be enforced?

But I wanted to address two ways, because again, it could be removed if, in fact, there was the elongated roundabout provided provisions. It doesn't now, and I wouldn't. But if that happened, then they'd be paying incremental cost.

Yeah, this design will evolve.

Yeah.

I never liked horse trading on the dais like this, but I'm not comfortable with that right now. I can't vote for that.

but I think the issue you brought up is just about the trucks. Yeah. And I'm just asking if there's an alternative condition that would mitigate that. Yeah.

I think what, um, I just want to make sure we're all understanding the same thing. I think what we, regardless of the roundabout or no roundabout, we were already saying that we would agree to a condition that trucks have to come from the east and come in, and we've required that in the leases. And we have the truck pass to show that that works because basically they come in, they make a right turn in coming from the east, and they back in and they drop the goods and then they leave via US-1. But the site geometry in the buildings and the locations of the loading docks don't allow for the trucks to only come in at US-1. We'd have to start...

I totally understand that. Okay, okay, I just want to make sure that... I completely understand it. Yeah. But this facility, you're going to be getting a lot more deliveries than the Bells. You're going to be getting daily deliveries. And probably, I don't know how many, two or three semis, and then you said smaller trucks. It's going to be much busier. So I don't want that traffic going through our inner village. It's a small speed tables, what is it, 20 mile an hour? Pedestrian, it's a walking... Funky fishing village that was designed many years ago. I don't want more 18 willows going down that road.

That's all yeah, okay I know I understand what you're gonna work.

Yeah, yeah, I was you trying to say like it's it's and I think that's a problem I think that's unanimous up here by the way. I would suspect yeah, so we all share that concern Which is why well, I didn't think it was like you could go through the center I was trying to find the only condition that that I could think of that would at least but so that's an open issue then we don't have a resolution for.

Well sorry one clarification that we're talking about Inlet Village is Michael Trimble also with Ram the trucks per the lease documents are actually required to come up from the south so they would not be going to the northern section from Inlet Village. So they'd be coming up from the south on US-1, not crossing the Inland Village, which has a lot of speed tables and doesn't really work for semis.

So you'll have to go down Fred Small and come up the beach road.

They would load the store in Gardens and then go down Donald Ross over to US-1 and drive north. They're in the morning during low traffic times on that road.

Well, yeah, but you still have to go around.

Yeah, I'm confused. I'm going to have to make you think you're going to Carlin. Yeah.

Yeah. Come up. A1A is what the now suggested not down.

Right. Right. If that's the case. Yeah. Is that what you're suggesting?

Correct. They're not coming through in the village, which is to the north, to the north of Indiantown, unless you're talking about also to the south.

Their distribution is in Pompano. And then they have they drop it stores on the way up and then come

But the only way to get into your parking lot safely is coming West going West on Indian town road coming from beach road down there, Jupiter beach resort. How do you get there? Now you're coming up along the beach. You'd have to come down Donald Ross or Fred Small. Correct? Am I right? I've said earlier, I don't want you coming up the beach road or through the inlet village. I don't think it makes sense. I would want this taken care of here.

Can I make a recommendation? Sure. I've seen those issues with not really having a concept for this elongated roundabout yet, and not really understanding how these trucks are going to get there without going through the inlet village. Does that make sense? to have staff and have to go back and look at this and rework it, maybe postpone this item?

It does, but let's try to make sure that we identify all the issues that we would want addressed so that we have clarity. Coming back, it's after a postponement or a continuation if you will that it's limited so i would just suggest and i'm just the one that i try to keep track of these here so first number is on the color chain this that was something that could be a condition, or if this is coming back, they could come back. So that's item one. Item two is the existing wall removal scope change to the height reduction that was agreed upon. There would be a condition about that one. That's item two. Item three is with regard to the applicant contribution to the elongated roundabout. In a sense, I think there may be a majority that that's too low for the applicant to give consideration to that. But if this was continued to give the opportunity, and I'm comfortable, by the way, with the elongated roundabout design as I see it, except for semi-trucks. And I was concerned that if the semi-trucks were to impact the scope of that, that it ought to be to the applicant's cost. So I think the continuation then is that would be to further look at the, with the applicant, the elongated roundabout to see if there was a way to allow for the application semi trucks to enter the back area with a left turn movement as opposed to a right turn, then that would preclude them from having to go down A1A, which isn't desirable to the town. So I'd ask staff and then separately the applicant, what do you think is a reasonable amount of time to come back to address those items? Because if we're going to continue, we'd like to have an idea of the reasonable amount of time to continue it.

Well, I would just like to clarify, once again, George Zama, Director of Engineering and Public Works. I would just like to clarify that town staff proposed this plan, this concept plan and the applicant is amenable to it and they are willing to provide the proportionate share and contribution to develop the plans for this concept. So with that in mind, the town would control the infrastructure project. So it's in the town's control to develop the plan for accessibility. And with that said, if this project were to go forth, the applicant would deposit funds in escrow at the town's discretion for use for infrastructure improvements. We would most likely use that to begin design. We can start that relatively soon utilizing our continuing services consultants. And so we can... move this project forward somewhat concurrently with the applicant's project. And as council, you know, traffic is a priority. Traffic's a priority to council. Traffic's a priority to us. And with that said, you know, we would have to program the project. We could also program it in the CIP for planning purposes as well.

But the condition would then have to be that the truck could make that left turn going east.

Well, and I'm not ready to go there until.

How would that be?

Yeah, I'm not ready. I'm not ready to go that way. Number one, and I appreciate you're explaining it that way. But if the lumps, if the applicant. contribution, no matter what it ends up being, was a lump sum, that I'm concerned about the $1.2 million project going to 1.5 and they're only paying 12.5% or whatever rate or whatever it turns out to be. I do believe that, and we don't know as we're sitting here whether or not you could work up a design to allow semi-trucks to do a left turn back there So I do think it's the first step, whether the town chooses to get a consultant involved, but working with the applicant before you come back to show us. This addresses the concern except for the semi-license. what's been presented, which is a significant concern that I had. The semis have to be addressed, so I think what needs to happen is the applicant can look at work with you and see how, if they can find a way to enable a semi to come in their back entrance the easternmost entrance on Indian Town, but doing a left turn lane. Because then they wouldn't be going up A1A. That's what needs to happen. We'd have to know it's feasible.

We looked at this years ago. We didn't do it. We need to get this right.

Yes, we do.

given us a push to get it right. Obviously it has to be right for the applicant, so.

Well, and maybe we should just, maybe we should just move to postpone and then the applicant staff can get together and try to come up with a solution for this.

Yeah, so under state law, If you do postpone it without a date certain for the continuation of this hearing, then the hearing would have to be renoticed.

Which is why I'm trying to get a continuation date.

Well, it sounds like that's going to be difficult to nail down. So my suggestion would be that you continue it and then re-notice it when the professionals have gotten together and hopefully work something out.

Well, sometimes we do both. So are we okay with just postponing it? Did you say continue?

Postpone, continue. Okay, gotcha.

But they're going to have to re-advertise when it comes back. Right. For those four specific items, the most significant one being the semi-trucks.

It's in your best interest, folks, because if you get denied in Jupiter, you're out two years. So I'm trying to help you. I know it's disappointing, but.

So there's more caucusing going on in the back and they'll come up to me in a second. First thing, council member Sundstrom, thank you for your comments. And we will work on it. We understood the warmer comment. We will do more planters and we'll probably look at a Wayne's code on something particularly on like the water table. Understood your comment. Our architects are thinking of different ideas. in regards to a timeline. I kind of know what it's going to be, but I just want them to decide and come up here and discuss it with me real quick.

But I think it almost doesn't matter. We're going to continue it, postpone it, but then it's going to have to be advertised when it comes back when you're ready.

If we continue date certain to so that the council's kind of decided that they don't need to identify a date certain because there's a lot of moving parts. And so they're going to continue it. And when you all fix the moving parts, it'll be noticed and you'll come back.

I just Yeah, I do think I mean, this is such a major transition for a part of town that hasn't been looked at a long time with a lot of traffic impacts. And so in a re in a way you're kind of going through this because you're first. Um, but we have to get this right because this will impact circulation. Um, this is our beach. This is our inlet village. It's kind of the gateway. I was talking to staff about this as the gateway to the beach in a way. So it's just so important to us as a town to get this right. Your location, it's a very special location. It's a great location. But we really, I think it benefits all of us to get it right here.

I think just to emphasize my comments and other comments you heard, great application. We're excited about the project, but we really have to make sure it's right before we approve it. So we're not... we're only concerned about the items that we've identified, those four items. But other than that, we're hoping a solution is found that can avoid, you know, semi-trucks going along A1A. And it seems like that's something you should be able to resolve, knowing that that's a limitation that we're establishing that you didn't know about, you now know about. So with that...

I have one comment, just for the applicant. When it comes to traffic anxiety from the residents in this town, the spot that you're looking at, the elongated roundabout, that's like number two as opposed to Indian Town down in 95. So it's a real hot spot. You may or may not have known that, but that's what we're dealing with. So like my colleague said, we need to get this right. And I agree, you're a great fit for the plaza. You could use it. But we need to work this out. And you don't want to get denied tonight. Postpone it, work with staff, come back, and we'll look at it.

So with that, I'll take a motion and a second to postpone on the basis of those four items.

I'd like to make a motion to postpone based upon the four items discussed to give both town and applicant an opportunity to go address them.

Second. Motion to second. All in favor signify by saying aye. Aye. Motion carries unanimously.

Thank you.

Moving on to public business item 13, resolution 100-26.

Kate Moreto, assistant town manager for the record. You have before you resolution 100-26. showing opposition to the plan for Palm Beach County to begin charging for parking along our beachfront and beach parking areas. Um, you also have before you as an attachment to the agenda item, a draft cover letter that could go along with that resolution if passed, um, and if transmitted to the county. The resolution outlines some of the parameters of Jupiter's support for its beachfront, ownership of its beachfront, and the makeup of the beachfront, and indicates the longstanding policy decision of the town contained in its comprehensive plan to maintain no paid parking at the beaches. So with that, if there are any questions, I'd be happy to try and answer them.

We had one public comment, but... And I think the fact that the county. Potentially taken some actions on this still has some going forth legs or could have. And I think staff did a tremendous job on it, and I'm grateful for that. Thank you very much. In fact, the only thing that I could add, and I'm not suggesting it needs to be added, but just going to what is uniquely Jupiter, you know, when we did Riverwalk, we made sure we had parking all along Riverwalk for that very reason, that fundamentally the town's track record has always been that we think our residents should be able to brown bag it and enjoy a park without having to pay. And so really that's just reinforcing we've done that with Riverwalk. That's why Harborside has two hours of free parking. um so this is consistent with that so even if the county were to well this is you know it could come back again and this is our opportunity to uh emphasize you know our policy and i'm grateful for referencing the comprehensive plan um so that if this is ever to be considered again then they would hopefully have some conversation with the town but we would be opposed And so with that, I don't know if anybody else wants to comment about it.

I will say that I was watching the Board of County Commissioners meeting, and I did thank Commissioner Marino for her position, reversing it. But the understanding on the commission was that Jupiter residents wanted this. And then when the commissioner received over 2,000 e-mails The course was reversed. So, you know, I think they may not know until we tell them and so I want to make sure we're telling them and I think that it's helpful to share some of this information about How you know a one-size-fits-all approach doesn't necessarily fit in Jupiter and all the unique contributions we've given to beach renourishment our approach to public access to the water in this town and This has come up in the past. I remember DuPois Park discussions. Before I was on council, I remember watching you gentlemen up here. So it could come back again because it's come before. And it's important that they have this context. I think we share it in a spirit of wanting to inform and help them make good decisions on behalf of all of us, especially in District 1 and in Jupiter. But no, this is not something Jupiter wants.

Did you say they thought Jupiter residents wanted parking? Correct. Where in the world would they ever come up with that idea?

The thought was, so if you think about it, like Palm Beach Gardens doesn't have a beach, right? Like a lot of building is happening in Palm Beach Gardens and a lot of visitors are coming to our beaches, not just from Palm Beach Gardens, but other counties, out of state.

You mean to charge visitors?

The thought was a lot, there are a lot of out of, you know, if it's a county parking spot, it has to have, you can give discounts to county residents, but you can't necessarily separate Jupiter and that you can't go, there can't be tiered based on Jupiter and then County and then outside of the County. Um, so the thought was, you know, there's not enough parking because a bunch of people are visiting and taking it and maybe there would be more parking available if it were paid for the benefit of all. Um,

I would say people that visit on vacation, they're going to pay for parking no matter what it is. Jupiter Beach, when I came on council, the whole vibe up here, and I agreed with it, was Jupiter Beaches are open and free. This is open and free. I know there's different levels of maintenance and who controls what beaches. I know that's a county road, but to charge for... Charge anybody to use the beaches, I think, is absurd. We can generate revenue elsewhere.

But if you look at the social media conversation, I could see how there'd be misunderstanding because some people, when they heard that, oh, parking will be free for residents, oh, no issue, we're fine, because then they think that, okay, they're going to be guaranteed a spot and we're not going to have as many non-residents here, but they didn't stop to think about the practicality of How do you even implement that? And so what will happen is people won't know to get a pass or whatever, and you're still going to have that issue. But by and large, I saw people, once they said free for residents, we're going to pursue it non-residents. People stood down and were happy, so that could send the wrong message. We know better that how do you even enforce that? How would you even do that? And even if you could, there's going to be many residents that are then not going to have the pass. Now, they want to go to the beach with their kids or whatever family, and so there is no practical solution.

I can see where the chatter came from, though. On holidays when you can't find parking, so people get a little annoyed, and it could be misrepresented what they've said.

But the enforcement is also big. JPD enforces parking, so that's a lot of, scope increase with or without our permission, with funding associated with it. And there was a lot of talk on the commission about tickets, collecting on those tickets, where does that money go? And it goes to the collecting agency. I think it could go to JPD. That's kind of what I heard on the dais there. And so then there was concern of, okay, well, we need to make sure the sheriff can collect that and reactivate.

It just creates more bureaucracy.

So it's going to be a lot of logistical concerns. And up here in our part, we have all these different jurisdictions, which we've recently learned about. So if you apply a rule, you're applying it to some small percentage of beachfront or parking. And then... 100 feet down the line, you have another jurisdiction.

Regardless of charging for parking or not, during season, the beach is going to be very busy. You've got to drive down to get there early, find a spot, wait for people to leave. Regardless if they're charging or not, it's not going to solve any issues. It's going to cost money to go to the beach. To me, it doesn't make any sense at all. You get to the point, if you're just taxing tourists, you get to the point where you're gouging people too much from out of state to come here. And I bet there's probably a limit to what people are going to put up with. But whatever.

I think that the combination of the resolution and the letter covers everything. But to a degree, they could get separated. I think there's just one condition, one topic I'd like added to the resolution. And that is about this being, there'd be no feasible way to really, you know, allow residents but not others. And I think that point needs to be driven home so it doesn't continue with some life that they think we're going to be satisfied that residents don't have to pay. There's no practical method. And then further, and this doesn't need to be added, but it'll sit in my car like anybody else that was up here. It might have been Councilor Delaney that You know, many years ago, the sheriff, when he didn't get the budget he wanted, he said, I'm not going to patrol parks anymore. And when that happened, I think our town manager was the police chief, we started to patrol county parks and have ever since.

That's correct, Mayor. As a matter of fact, I still remember sitting in my office and getting the call at about 5 or 6 o'clock at night and saying, asking, when is this going to start? And they said, tomorrow. And we didn't even have jurisdiction in those parks at the time. So this is right along the same lines. And I can tell you right now, and I'm not speaking for the chief. We've had these conversations. They don't have, JPD does not have the capacity to go up and down writing tickets today. No, I understand.

And we wouldn't have any motivation to do so. But when I read the RERA's calls that were doing all this without funding... it reminded me just the fact that that was the sheriff's accountability. And to the degree they, he has the privilege, different sheriff, just saying, okay, you don't give me the budget. I'm not going to patrol that anymore. Sad, but that's the way it was. But, you know, but adding any language for that really doesn't serve any purpose other than might make me feel better, but no purpose, leave it out. But I think the resolution should just emphasize about this isn't feasible so that there's no misunderstanding that that's a significant point here. So any thought of continuing to consider it, just, you know, we oppose.

So, Mayor, do you?

Do you want us to bring this back or do you want to prove it and would you have a motion with a I'm hoping to make a direction to add and the point can you remind it so it's 10 for the not being feasible to us to charge residents.

Because it would wind up residents would be adversely impacted that don't have it a ticket or way to demonstrate it or whatever.

Before we go into a motion, I'd like to personally thank the town staff. I thought there was a quick turn on this letter and resolution. It's very professionally written, and I think it captures both the concerns of our residents and the town council's position relative to paid parking at parks. So thank you, Frank and your staff. This was really a quick turn on this, and it's really appreciated.

Excellent job. So we've had a motion. You finished?

Yes.

Motion.

I'll second.

motion a second all in favor signify by saying aye aye motion carries unanimously moving on to reports town attorney i'll be quick because you only have 12 minutes to your curfew

uh we filed the nuisance complaint on the uh cat property on friday service of summons has been arranged we'll be filing a motion for preliminary injunction next week previously distributed to you with some talking points on station 16. you're not compelled to talk with anyone about it but if you choose to talk with any county commissioners about it which was a suggestion made at an earlier meeting, then I hope you find those helpful. If you would like to call and discuss those before you discuss them with anyone else, that's fine, too. I'm always available to you. And I would hope that you would excuse me from Thursday's workshop since I could not determine that there were any particular legal issues involved in that workshop.

Excused. Thank you. Well done. Council Geisiger? Oh, no, excuse me, Town Manager.

Thank you, Mayor. We started off tonight with hearing from some of our neighbors at Jones Creek. Just want to let you know that I had about an hour-long conversation today with Mr. Wentz about the project, and we've gone back and forth on a few things. I'm really not sure in this current condition what we can deliver to the residents that could change what has already been done I did offer an opportunity for him to be involved at the next trimming, which is in about 18 months, to be involved on the front end. But just a couple of points in that conversation. If you remember, this was a trimming project, not a dredging project. If I recall correctly, there were conversations when this was going on about dredging, but it was too costly, and the residents could not bear the cost or didn't want to bear the cost of that And so really the purpose of this project was to address the water quality and the desired outcome was to remove exotics, trim mangroves, clean up debris in the creek. And so... The Loxahatchee River District, as you know, did an assessment based on the drone footage, and they found some remarkable results associated with that, including the fact that they confirmed there's 100% increase in canopy openings. You know, light reach in the creek surface more than doubled. You know, the removal of extensive overgrown and floating vegetation mats improved flushing and water flow. And the area of visible water increased 100% from 1.7 acres to 3.4 acres. There's a whole list. I'll put it in Friday's report. to provide this information to you. And so it just seems to me that based on my conversation, based on reviewing everything that we've done, the LRD is an independent audit and came up with these results. Unless the council wants us to do something different, I think we're meeting the desired outcomes of the plan. And we'll continue to do so in the future with the caveat that we will include Mr. Wentz a little bit more proactively on the front end as we get ready for the next trimming if that's okay. We have a contract now I don't know what the date of the ending is. But I know we have another trimming coming up. So and certainly if the council wants we can cancel the contract or do whatever you want.

I think that just speaking for council, I'd like for you to in total give us some kind of report on it so we can have some dialogue, both perhaps individually or one-on-one. But I think that what I'm hearing from the residents, and I agree with you, it's been a very successful project, but what I'm seeing both from the emails and what I heard tonight is It's a fundamental, the biggest concern, or one of the concerns is the fact that their interpretation of the contract, it was relaxed based on an opinion on the arborist that you didn't have to remove as much or it was harmful. And I remember reading that. Well, if that's the case, if the arborist felt, no, and I'm sure it was also a contract condition that you would do less, then that is part of the disconnect on expectations. And then, quite frankly, if less is being done, then the costs should be lower. So I do think that before we proceed, and we had discussed this with them and we went down this path. We said, look, we're investing whatever it was, a half million dollars, whatever we did to do the initial one. And then we were going to see how the trimming worked. And so I just want to be convinced that I think because that was a part that we've seen in emails. So if you could address that particular issue and get back that is it possible that in one of the conditions, because I read it clearly in one of the responses, the arborist And others said that you trim anymore, you're doing harm. And well, then that may stop potentially, you know, shorter than what they were expecting. We heard that. Well, then if that was the case, is it not possible then that the amount gets reduced if it's less trimming? But that's just one of the things. But, you know, so this isn't an urgent follow up, but it's a follow up. to engage us so we can decide whether or not to proceed with the next round of trimming or not.

I'll get that information to you, Mayor. I'll just put it in the Friday report. You're exactly right. The arborists did play a role in this. And so I'll get that to you in the Friday report, and then I'll go over it in my one-on-ones. Just a couple other quick things for me. Last Thursday, the Tequesta Village Council approved an interlocal agreement for fire and EMS mutual aid with the town of Jupiter, which is another big milestone. This ILA will come before this council in August for approval. I also want to take a moment to congratulate the winners of the town's annual employee of the awards. I know the mayor and vice mayor were there. It was really a great celebration. But I did want to acknowledge real quick the Human Resources Department for winning Team of the Year. Senior Director of Community Development, Roger Held, was named the Town's Leader of the Year. Tyler Alonzo was the first time, who works in Information Systems Department, won the first ever First Light Award for Brand New Employees. And finally, congratulations to Sandy McCready from Community Relations for being named Employee of the Year. So really a great day. It was really just a remarkable ceremony. Reminder, next Wednesday, July 29th, the town will host its next Connect with Council over Coffee event here at Town Hall in the community room at 9 a.m. And then just for information purposes, next week from Monday, July 27th through Wednesday, July 29th, The Jupiter Police Department and Jupiter Fire Rescue Department will be conducting joint active assailant training at Beacon Cove Elementary School. So we do this every year in anticipation of school start. And I think that's my cue. I'm getting a hook. And so that'll be my report, Mayor.

Any significant items anybody wants to bring up? Seeing none, the time is now 1056, and we'll adjourn the meeting.