okay well and if you're busy all I have to do is hit the this and then switch back to that y oh you know what I saw that you're right right they did I saw that call us if we don't respond if it's our turn oh W sometimes I miss that email like did WEA they sent you to lale here oh you're freezing okay let me move it over here no it's what you know my uncle she was in my resid Academy all right here something emailed to us oh all right good evening everyone it's 6:m I'd like to call the meeting to order it is June 13th 2024 it's our regular council meeting Lori can I get roll call please Mayor Young here vice mayor stor here council member Brandon here council member painter here council member Frank here thank you the invocation and Pledge of Allegiance will be led by council member French thank you mayor everyone please uh bow your heads God We Gather here today with grateful Hearts seeking your wisdom compassion and especially your grace as we begin our meeting we ask for your guidance in our discussions that we may approach each topic with open minds in a spirit of understanding God help us to reflect the nature of Jesus us and to make decisions that are fair and just give us the compassion to consider the needs of all members of our community and the ability to work together in harmony even when we Face challenges God help us to remember that our purpose is to serve the people of taquesta and that our actions and words should reflect your love and kindness God we thank you for being strong in our weakness in Jesus name we pray amen amen amen please stand for the Pledge of Allegiance to the flag of the United States of America and to the Republic for it stands one nation under God indivisible with liy and justice for all okay can I get a motion to approve tonight's agenda so moved second all in favor right we do not have any presentations tonight so moving on to the consent agenda I get a motion to approve the consent agenda so moves second all in favor I I just real quick on consent agenda item three I did want to just acknowledge and thank the um the Neils I hope I said that correctly for Their donation to our uh police department wrapping the vehicle it's very kind of them okay Communications from citizens Lori do we have any cards tonight uh yes ma'am we have um Frank damra good evening everybody it's nice to be back in these Chambers um as you all know I have a real passion and a love for Testa I've an equal I've developed an equal passion and love for Martin County where we now live but I did want to come to speak to one item and that was agenda item 15 and unfortunately I have other commitments this evening so um I asked to come up during citizens comments rather than waiting for it to come up um as you all know when you look at the role of uh government whether it's the federal level or state level uh the safety of the country or the safety of the community is probably the number one responsibility of government and without safety communities don't flourish when you have safety they do um to attract and retain the very best people uh that can go out and service the community from a public safety standpoint fire and police obviously is abs abely critical uh is blessed to have I think the finest Public Safety M Municipal Public Safety uh group both fire and police uh uh in this County and that means you've got to like I said attract and retain the very very best people and with inflation the way it's been with the cost of living and the way that impacts the various families um with the increases that other agencies are providing to their employees I just want to commend the council for its wisdom and its courage to continue to promote uh and and make safety the number one issue and make sure that you're again you're going to have the best very very best people out there they're going to meet the citizens needs so I just wanted to thank you all and and and hoping and expecting that item 15 will pass later on this evening I think it's the right thing to do and I just want to commend you hopefully in advance uh for in fact taking that action so thank you very much thank you good to see you Harold Taylor Harold Taylor 13 Chapel Court I'd like to address an issue that I've brought up in the past nothing's happened so far it's the new park we're putting on seabook road still two FPL power PS on that site I don't know whether the village has the responsibility to get FP will take them down or what the contractor does but those polls need to be taken out before any more work is done on that Park the poles are taller than usual they're buried in the ground further than usual because of the height what kind of equipment a contractor or FPL directory would need I don't know but if we do the grading and they have to bring in some heavy equipment we're going to just be doing the grading again your Park contractor is going to probably want an amendment to the to the contract and to be paid for it if we don't get the polls out all we're doing is throwing away taxpayer money that's irresponsible on the part of the village we need to coordinate with the contract or an FPL and have those poles taken out anytime you do a construction job and there's something on the site the first thing you do is remove what's there I've worked construction for 28 years and know all about it it just needs to be done and this Council needs to live up to the responsibility and re and have somebody with authority coordinate the removal of those polls thank you thank you thank you sir thank you Jeremy I believe staff had looked into that in the past I don't know if you have status update but if not could you look into it and email counsel an update yeah we have addressed that uh we'll I'll get you an update to council and we'll also provide an update to Mr Harold he thank you thank you no other comments any other citizen comment okay moving on Communications from Council I don't have anything tonight I'm good mayor I do not have any as well um a few things um was able to attend uh when our mayor was had some U emergency dental surgery um the traffic safety awards and I'm sure Chief Medina will uh do that but I think it's warrants being recognized twice that Corporal hoat uh was recognized for his traffic enforcement um efforts and the things that he has done and just to hear the statistics uh overwhelming and so it was very I was very proud of of our vot um to at that event um I also attended uh a North County Centric meeting of the of discover the Palm Beaches which is the tourism arms for Palm Beach County um and we talked about a lot of different items and and and issues countywide and kind of what they're doing and their six pillars for for growth and attracting people um but we did discuss and discover the Palm Beaches will um assist maybe with the pom North chamber doing something when the bridge opens um to celebrate that you know not only is it a a it's a mechanical Marvel but the things that it's it's it will do for us reopening the bridge you know nine of our 10 North County municipalities US1 runs right through it and it's a great Corridor to that uh so it's exciting to hear that uh on a countywide basis people will be focusing right up here in the North County so I was excited to hear that um I think this was mentioned before um but on a monthly basis um we have League of cities meetings uh that we attend and I think it was mentioned last time but our mayor Molly young is first vice president for the Page County League of cities and uh so I want to say that because that's a amazing responsibility and Molly has done so much work behind the scenes that people don't know to put Testa keep taquesta relevant in the Forefront of County politics so thank you mayor congratulations on that thank you um and I do did have some resident Communications and I expressed it to the manager but I just want to let our residents know that we do hear you um the Testa Bridge uh it's got mold or stains on it or something and it's not a easy lift to to clean that but I know that we looked at it from a budgetary standpoint because it would require some scaffolding perhaps a barge can't just hang over the side and do that but I just want to let our residents know that continue to reach out to me we do hear that and we are looking at that it's just it's not something you just take your Public Works down guys down there and do that so we are looking we're are looking into that and listening so thank you hey I just have uh one very exciting announcement tonight um the governor has approved the budget and the quest of Park funding did not get vetoed so it's a big one it's a big one I want to thank Council for you know all the work that was a couple years in the making um so thank you for the support and hard work as well as staff and um you know our state legislators were a big help our lobbyists with a big help so we'll be sure to thank them as well great job thank you good stuff all right and with that we'll move on to standard reports Village attorney thank you mayor a couple things and you know I get nervous when there's too many mayors in the room tonight I know Abby Brennan's watching Frank damra Liz shower Pat Watkins mly young I'm very intimidated tonight so and you should be I and I'm just want you all to know and please forgive me if I you know chew on my tongue as I'm talking so um in line with your last comment about the park for those of you who are boter uh this year also uh a funding project that got past the vetto pen was the dredging of the channel in front of the sfish marina heading out to the inlet so that got vetoed last year that made it through this year as well um palmm Beach Shores and Lake Park are going to be working on that so that was some additional good news for the boating community um I'm sure by now you're all aware of the injunction that the southern district court um penned a couple days ago on the form six issue so as we sit here tonight um Municipal elected officials uh well the state and the commission on ethics cannot enforce the legis ation that made you form six filers uh until further notice and that's a that was a Statewide order uh injunction uh it's a preliminary injunction which means that there will still be a trial on the merits in the case however one of the elements for a court to Grant a preliminary injunction is that the uh petitioner show a likelihood of success on the merits so the court found that they did that and um so stay tuned that that that will happen but that was um very good news and then um last thing um I taking a page out of the book of no good deed goes unpunished I'm told that they are making me the president of the Florida Municipal attorneys Association for the 2024 2025 year at the Florida League of cities so I don't know what I did to deserve that but um just let you know I did something right at some point so uh that is my report for this evening unless you have any questions thank you Council no thank you all right Village manager um making great progress on the sidewalk on seab Brook uh I'm told we're 70% completed I know there's been some inconveniences there um update on the quiet Zone I know this one that a lot of people are tracking we have to do some mitigation to that Crossing there uh staff is still strong on working on that that part of we have also asked the TPA for some for some funding for some additional safety improvements to that Crossing um the Bureau of Land Management their project is out forbid you know that's been a project they've been talking about for a couple years you can get on their website check it out I think um the jic and taquesta we've we've advocated for that project I know the EAC has talked about it and advocated as well um the planning zoning board meeting is scheduled for June 20th and we have a budget workshop on June 24th with that that's my report thank you Council no questions I think um Jeremy just since you brought up uh the BLM property I think they uh are getting close to opening the connection to the Northern Trail off US1 in our manena boundaries is that correct yeah I'm told that um well I wasn't told I heard from I think Jessica nameth at the EAC she said that they were getting close they were going to open the the the fence there so it's a pedestrian access from from that side so I think um Peter said they're probably plan on doing some kind of ribbing cutting or ceremony one they ready so I don't know if everyone knows that and the public should know that they'll be a good way to add more connectivity to uh the nature trails there I don't think they've set a date for that but if we do I'll make sure I share that yeah okay any other questions or comments no okay next up police department even mayor uh to start with what the vice mayor said uh thank you for attending mayor I knew you couldn't make it that day and thank you it was the 38th annual traffic safety award which is hosted by Safety Council of Palm Beach County like you said Corporal Willam hoat was uh acknowledge that day for his great work that he does on a day in day out basis uh detective dasta was also honored this past month by the Jupiter Masonic Lodge for his commitment in his efforts in the village of taquesta so I'd like to acknowledge Him as well uh we're talking about BLM prop prop uh we're always in contact as you all know with Peter dit they've had a lot of parking issues I'm sure you've gotten emails from different residents just so you know we have been paying close attention just because of all the construction people are starting to park up on the grass areas and we've been enforcing that parking I know for this past month we issued 25 citations uh we put the portable message board that there as well just letting people know not to park there uh so we'll continue to monitor that and stay in contact with uh Mr D uh the last day of school us along with fire uh we had a balloon fight from the kids from seab Brook and Beacon I'm not going to say who won but it wasn't fire so it would be the kids the parents us and then fire fire being last but I'm not saying that uh the guys think ex we have pictures they're not very flattering of the police department hiding uh the officers have been having Explorer meetings as you all know uh last month you all approved the Explorers we moving along with that Lieutenant Blanc Corporal hoys rat also proed that's behind me Jada have been having a lot of meetings put it together they actually had the van uh we got it back what two days ago uh all ready to go with the Vans and with with your approval today uh through the consent agenda we'll be putting the wrap on it Police Explorers uh we're excited about that we also thank Mr uh Chuck and Sandy Neil for uh their generous contribution uh we also I put a flyer up there and contrary to what my wife said says we do not look like a boy band with the exception of J but Maria did a great job with that poster uh but uh we'll be having our first recruitment Drive uh June 18th from 6:00 to 8 and then we'll follow it up with June 20th uh also 6:00 to 8 we'll be providing food and just getting to know the parents and the kids and what's expected of the program so we're excited about that and we're honestly uh looking forward to it I as excited as I am there's no one more excited than offet puit I mean he's literally on the phone with us every other day talking about about volunteers and and people coming forward we already have a list of volunteers that are coming forward so we're very happy about that uh the nautical Club as you all know that kicked off last week I want to commend uh Sergeant Kowski who does a phenomenal job with that it started back in 2017 with then I think ala Pike or Sergeant Pike and I I'm happy to say it is the biggest class that we've ever had we' had 42 kids sign up we don't believe in turning kids down so what we're doing is we're working out everyone schedule also been very flexible to accommodate the parents we've gotten additional volunteers but we never want to turn away any of the kids that want to be involved and having an opportunity to deal with police fire or the village as a whole so uh we have a lot of kids and you know so far it's been great Kurt's been out there himself so uh we're looking forward to a fun season with the nautical club uh June 22nd will be our last Firearms class civilian Firearms class someone in attendance told me she'll be there we're not saying any names LZ uh you'll do great trust me uh I will let you know uh hopefully if everyone shows up to this class it'll be a total of 88 participants that we've had since we received the Grant and put it together at no cost to any of the residents or anyone involved with the program uh we just finished putting in for it last week to reapply for the grant itself uh the funds haven't been released as per FDLE so we're waiting to see if we'll be fortunate enough to get it again so we could run another 10 classes at least and continue TR our community we've gotten some great response and feedback from that uh and then based on that uh just so you all know July 25th uh we'll be having a small ceremony presentation with food and good laughs uh everyone that participated in the first civil Firearms we want to bring them together and kind of just celebrate and go over you know who also appr it and Sergeant yeld this sword who's the best shooter and most improved so uh we'll be putting that together so that's my report and I thank you thank you any questions or comments for the chief I have one question for the chief chief on their reapplication for firearm safety class is that a state or federal Grant State daily for Department law for thank you anything else all right thank you fire department good evening mayor vice mayor Village Council Mr manager Village attorney Village clerk you of course have my report in front of you some of the highlights though over the month of May uh was really our our preparation for hurricane season I know that's a bad word around here but we do need to prepare so we've met with all the senior staff we had multiple meetings individually as a group uh we also did a hurricane exercise hurricane exercise was a week-long week long event which they answered questions based on the approach of a fictitious storm we then met the EOC and actually carried out an after action a review of what actually was going to happen and and how we were going to respond to it so that's uh that's what we did regarding Emergency Management uh one of the highlights of the month though occurred uh at the Palm Beach County Emergency Medical Services Awards Bank of our our very own firefighter Angela schacher received an exceptional service award uh we're all very proud of Angela she's been with us for 25 years uh she's an excellent paramedic and uh she's actually starting to take even more steps into more of a leadership role she handles our EMS Logistics uh you know and resupplies all the trucks and and make sure we have enough stuff to go down the road on and take care of everybody else uh she's also serves as an fto on her shift uh training some of our new paramedics so once again we're very proud of Angela and uh it's a welld deserving were that's her with Lieutenant Dodd there in the picture uh many of you were at our pushin ceremony for the new fire engine so I'm proud to announce that that truck is in service and responding to calls here in Questa so we were very excited to be able to do that um training wise we actually did a couple of different things here in the month of May uh one we had some water rescue drills where our guys are actually able to go out and practice the skills and uh work with uh each other and try to just try to make the team better and the other thing you're actually seeing pictures of uh a class that we brought in from Palm Beach State College uh this is a lad operations class so they worked on ground ladders of course they did work on forceable Entry some roof operations and uh ventor search uh something we do as a hopefully a last resort in order to save somebody so um couple other things that went on during the month and actually into June a little bit we had our badge pinning for three firefighters that got off probation again we're very proud of those guys uh for going through the year that they went that was Terell pal and troner excuse me troner uh we do have our public safety awards banquet coming up with the police department that's on June 29th and we will be hosting two dive rescue classes next month with your approval of course tonight on the consent agenda and I think with that that's going to conclude my report unless there are some questions thank you Council no questions no questions thank you thank you thank you okay and last the utilities department good evening council members Co manager uh my name is David too I'm with utilities I work in the water distribution storm Water Division for those of you that may not know who I am I'm part of the team that works behind the scenes to keep reliable safe drinking water to all the businesses and residents within the village in um Martin County six sectors of Martin County bom Beach County and jup Inland Colony uh for today you have marj's uh monthly report in front of you the two things I'd like to uh point out is uh we got a good test this week with our drainage storm water um all the hard work they have gone through in preparation for the raining season uh paid off I've been driving around the village and we're holding our own lot of rain um so I was very happy to see that I know the portal project the storm water Improvement there it's really doing really good um the do ditch project which is a share project with the town of Jupiter the permitting is ongoing it's an army corpse of engineering permit which could take up to a year um and then the water main replacement along Country Club Drive is going of maybe another month and a half two months left uh they're on the last Street on uh uh leward way and they're already uh installing services to the individual ownes so it's moving along this week obviously was a challenge with all the rain so and that's all I have any questions councel no questions no questions thank you thank you all right thank you have a thank you okay on to the regular agenda under old business item number 11 ordinance number 03 d24 4 which is a second reading uh for a lean process for the water utility department thank you mayor ordinance 0324 ordinance of the Village Council of the village of taquesta Florida amending the code of ordinances at chapter 74 utilities section 7482 lean for unpaid service charges revising the section to provide a process for the village special magistrate to impose delinquent utility service charges against Property Service providing each and every other section and subsection of chapter 74 shall remain in full force in effect as previously adop Ed providing conflicts Clause cability Clause authority to cify effective data and for other purposes this is second reading thank you is there a presentation tonight I don't know no we didn't have a presentation I know Mr tanoko and Mr um Dennis is here that can answer any questions you guys may have we've um talked about this at a workshop and at a previous council meeting Council any discussion on this item I do not have any comments no I think it uh captures everything we talked about at the workshop and looks good okay La any cards on this no any public comment all right can I get a motion so moved second all in favor I agenda item 12 ordinance number 04 d24 which is to update um our code to align with our Charter in regards to vacancies on Council thank you mayor ordinance 0424 ordinance of the Village Council the village of dequest of Florida amending the code of ordinances is a chapter 2 Administration Article 5 elections division 3 candidates by amending sections 2- 273 and 2- 274 to conform these sections with vacancy filling provisions of the recently amended Village Charter providing that each and every other section subsection in Chapter 2 shall remain full force and effect is previously adopted providing conflicts Clause severability Clause authority to cify effective data and for other purposes this is also second reading thank you Council any questions comments on this one no questions or com question all right or any cards oh any public comment can I get a motion so moved second all in favor I I agenda item 13 ordinance number 0524 second reading of adding uh private Museum as a use in the C3 District thank you mayor ordinance 0524 second reading an ordinance of the Village Council Village of the quest of Florida amending the code of ordinances chapter 78 starting article 6 in general section 78-48 museum at article 6 schedule of District regulations at section 78 178 C3 General commercial District to add private Museum as a special exception use and at article 10 off Street and on street parking and loading regulations Section 78705 required number of parking spaces to provide the number of parking spaces required for these establishments for each and every other section subsection of chapter 78 shall remain in full force in effect as previously adopted providing conflicts Clause severability Clause authority to cloudify effective date and for other purposes thank you Jay good evening Jay Hub community development director so this uh came before you last month uh a vote of three to two in favor um I've got nothing further to add tonight um I'm here to answer questions as well as the applicant on hearing okay thank you um just real quick I know at the first reading of this we had Council had discussions of the definition and then uh potentially doing some uh distance requirements with the use uh none were considered it was passed as is I don't know if that was council's intent or not um but if if it was not council's inent and the majority is still in favor I uh would hope that maybe we could consider uh just analyzing the definition a little more for uh to Define uses for like accessory or ancillary use and then and also take a closer look at any potential distance limitations I just wanted to throw that out there I'll open it for discussion understood I'll make the first comment and that it was my original uh error I did not include the 1000 foot setback or distance for an additional private Museum when I made the motion I made it as is that was um already on the agenda so I apologize for that air I still support the private Museum project but I would like to add the th000 foot uh distance so there should be no other private car museums within a th000 ft of this project do we have any and if you don't have it tonight it's fine um but do we have any type of uh graphic depicting a th000 feet so I I did we have a a graphic that shows what 1,000 feet is but 500 feet would actually cover the entire zoning District so you you could lower it to 500 feet okay what slide would that be on J that I can pull that up and show them you know what presentation it's on hear you we can't hear you it I was just asking Jay what what slide it would be on the second one second from the left the other way there we go and then if you go down there's a hidden slide right there so that's th000 ft oops all right way hold on so 500 ft FES this we in what view I think you're you're still are you completely out of the district with 500 feet to it takes you completely out of the district so the southern part of Cyprus is is maybe two 300 feet away and then if you go across Old Dixie it's around 450 so 500 covers it this one as you see it goes It goes well into the mix use District I mean it almost goes to to A1 I mean to US1 and I believe the intent of the discussions was to limit any more on that District so whatever that number may be I believe that evening was the intent of those uh uh discussions so we're adding this use for one property yes yes is that the best uh direction for Council to go I believe it is in this case it specifically identifies this project as a private car museum and not just a museum and that was the difference that was there I believe it the applicant uh went above and beyond and naming a private car museum and offering the language for the distance so there could only be one in that District yeah I mean I'm I'm still in favor of it I mean the the radius isn't uh certainly the th000 foot radius is not that important I mean 500 ft would suffice but I have not changed my my vote and I not changed my vote as well because we had someone previously shortly before this that asked for the same thing and we said no for a specific reason there's no public good and it's for private use and it's favoring it so I'm still in no um I was in favor of it at the last meeting and I'm still in favor of it as well with the th000 foot radius I guess it doesn't even have to be it could be 500 I mean it could be either it's going to be nothing because what we're saying is that we're only allowing this one specific property to do this so um I don't know how that would be defined I just again I would like to urge Council to maybe take the time to look at the definition a little more uh and the distance requirements because I I you know to add something to entire Zone for one specific property I personally don't think that's a best practice um I respect what everyone else is saying but if there's you know any consideration and maybe compromising just taking a closer look at this if we add the that this is the only property that's allow to do this in the C3 how I guess is more maybe more of a question for Keith or Jay what does that look like and then would this come back for a second second reading I would want to bring this back again because I would want to add that language to the title of the ordinance so it's very clear U it's not in the title now and I think it adds a significant substantive um edit to what was approved at first reading so yeah it would be my recommendation to bring this back again for a cons tonight I would consider the first reading with the distance separation and then we would bring it back for another reading which we would consider second reading with with that substantive change and the applicant is okay with coming back for a second second reading if you if you choose to go that route okay yeah any other discussion I don't if it has to be legally that way but I don't believe it's necessary for an additional reading as the intent in that evening I believe was clear I made the error in the language of the motion I don't think the vote in discussion was unclear of what we were trying to accomplish however if it makes Keith feel uh more supportive that it's read again that's fine as well but I don't think it was unclear the intent okay all right any are there any cards Lori no any public comment all right Council someone want to make a motion so moved with the addition that you like yeah if we can be very clear on the motion yeah I'm not going to make this one yeah so let me make sure I have we're going down to 500 ft that's is that correct okay so do I need to get into the fact do I have to as part of the motion do I have to state that it's coming back for so the motion be to approve with the addition of the 500t distance separation uh and if that's the motion that passes then I I would read vertise it and bring it back for second reading with that substantive change in the title and in the body the motion would just be to approve with the 500t distance separation to approve with the 500t lineal feet um requirement so moved second all in favor I I I opposed no okay moving on agenda item 14 consider approval of the brick donation policy for remembrance Park and Village Hall Jeremy my notes Here uh so part of the condition site plan approval was two conditions that was put on that side plan approval one was a brick donation policy and the other one was make sure that we include um an area for uh remembrance bricks that was two conditions that was put on Remembrance Park so this is satisfying uh both we do have an area we did shrink the area I think we're at 400 something Square F feet we're down to I think 200 square ft in that and then also this is the brick policy um council at the April 1st meeting asked staff to go back and look at that area and the recommended costs we are we have continued with the $250 that is a Perpetual maintenance of the brick memorial the engraving the installation um and so we feel like that'll cover the cost for the Perpetual maintenance that will go on for those bricks and so with that I can answer any questions for the brick policy that you may have thank you Council no questions uh mayor wasn't there discussion about opening it up to folks outside of other than Veterans for remembrance for people that were there and do we not land on that so I don't I don't know that we land on that's why I didn't I didn't include that um obviously we didn't take a vote that night you can you know make a make a motion to you know change it any way you want at this point but um at that point we hadn't taken a vote and I didn't know where we landed so that's why I didn't include it one way or another my take away from hearing several conversations was that it's not while the veteran we have a veteran memorial out front with a 9911 and we have available bricks but this is more a remembrance for the people that have given you know huge parts and chunks of their life in their commitment to the village and people they just want to remember family members or friends or something like that and that's why I thought we were going to open it up outside of uh the veteran designation and I I would support that change so the current policy and maybe it's beyond this but so it does include armed forces or in a public servant role but I suppose to your point not everybody that's given to our village was in a public servant role so maybe they're just someone who's a active Community member yeah we ran into it's kind of like splitting hairs but Define a public servant yeah you know no I hear you I would like to see us consider opening it up to those remembrance for if anybody would like to contribute a brick in remembrance of somebody for whatever they believe that person's contribution to the Village I think that's the spirit of what was intended I believe and is that just at remembrance park or at Village Hall as well at remembrance Park specifically remance Park I I I like the idea of that I'm wondering how that how that policy or that language looks to where do you start cutting people out and then how does that how do the public respond to that you know that would be my only concern and I know this conversation's been going on long before I've been up here but I'm guessing we keep hitting that wall of what does that policy and language look like to include those people the definition yeah I would like to take all binders off and if somebody that just feels that you know I my parents lived here lived in Testa forever and they love the village and I want them to be remembered as part of this community so I would say take any and all restrictions off well I know um there's language in here that I guess leaves it at The Village's discretion though to approve or deny and Keith I'd probably lean on your advice I know there's um been you know lawsuits throughout the state with kind of when you get in a situation where a city denies something and you know first amendment all that kind of stuff so is there I mean is there any language that you think we could add that would open it up more but would make sure or from a legal standpoint you know we wouldn't be getting ourselves in a pickle with anything well the so the further you get towards the vice mayor's recommendation the the less of a concern that becomes uh if if where you're going to land is somewhere in between what's written and and that then my recommendation would be to to be more specific and if you're going to say something to the effect of uh in a public servant role or in a volunteer role with the Village um you know I I would caution though not to be too specific so that you don't um but if you wanted to limit it to people who have volunteered for the village in addition to um being a formal public servant you know the policies yours so you you could add language to that effect or just open it up as the vice mayor suggested it's really up up to you I mean we can with your with Direction on what you want we can Wordsmith it and um make sure it says what you want it to say in a correct way and vice mayor are is there a veteran priority of preference and your suggestion and I say that because there's a a a a viable difference difference between you know a military veteran and a public servant and are we separating those two where they would have some type of preference or area or is is it just open I think it's first come first serve is what the policy says the first come first serve I think we haven't filled up outside so I I don't know the rush I see you know and the crush of people to to do that I would like to defer if if I could mayor to some of our historians that were part of this and just asked what their Rec I know we've asked this information before but would I be able to ask Miss neelon or Miss Watkins to sure if one of you can come up to the podium please she has a citizen comic card in on this okay so I stand the council as they did previously regarding the brick program proposed the proposed policy states as you said um I won't go again again we reiterate the last time that the same policy was discussed at the Bri should not be lied brick should be available to everyone who wants to remember a person an event and a life this is a in our opinion keeping with the remembrance in the Park's name and also I would just add that the lighthouse has discontinued their brick program because uh the Bureau of Land Management will not allow U memorials on their property so um and there um that was open to everybody and so you can use you know there but that's a gap that's going to be now could be to our advantage if it's open um I just strongly suggest that we don't the whole thing you can um what we did at BLM was uh or Lighthouse was that there was a small designation on the brick for veterans that they you could opt out for uh one for the Navy one for the Army one and that would be the donator would um you know opt out for that particular um designation but there was no um you know if you try to group people then you have big um areas where there's no bricks and it looks you know nothing inscribed like if you have a veterans and you have maybe 20 over there and then you have all these blank bricks it's just better if you just stack them up and say come in okay thank you thank you and I don't think the site plan's um attached here but can you just refresh my memory are there bricks going in this area regardless so well there now there is because part of the condition of the site plan approval was that we had an area for these These Bricks so there is in the site plan um 200 square ft that we're going to have for bricks which will work out to right around a thousand bricks give or take a little bit okay um so just to make sure I understand there's either going to be just regular old bricks there or there's going to be Memorial or some kind of remembrance bricks it doesn't change it just could def the cost could come down from our side because of this 250 donation and I guess the other benefit is that you know we've learned that in the past these things didn't exactly fly off the shelf so if we open it up to anything that is Remembrance related that could potentially have a benefit there as well um I'm just trying to make sure that we're not by putting this out there and if we don't get many or let's say we get none that this isn't costing the village more money because the bricks wouldn't otherwise be going there and I'm I'm talking about regular bricks at this point yeah is that accurate we're spending those bricks are going they they going to be paid for by residents or by request I think to maybe help solve this issue I think maybe we leave the policy public servant how it's worded for the ones out here in front of the Village Hall over there remember Burns Park as Miss Nils has alluded to that um we leave it open for everybody anybody who thinks and I think that'll help solve the issue perfect compromise I think so Brandon quiet keep it simple you're good okay all right any cards on this any other public comment I talk you come up my name is Liz shower I live at 85 Tew Circle and I would like to um remember some of my past members of my Village Council when I was on the Village Council and there are plenty of people and I would like to donate $250 for each one of those that have passed away and I'm sure Tom Bradford will help me with all of their names especially with Joe Capra and stuff like that who's done a lot for this community thank you thank you thank you thank you may any other public comment Mr Watkins good evening Pat Watkins 167 River Drive I just wanted to offer when the I think it was The Village on the Facebook page first announced about the brick program the first two comments were oh thank you I'd like to have a Breck so I think the public will pick up somewhat on those but I will remind you again we thought we'd have our Fountain out here filled up with names and I don't think we had 10 of them so you're not going to have an onslaught I don't think I hope you do but in any case I don't think it'll be a problem thank you thank you than you any other public comment okay uh can I get a motion with the Amendments that we want to make um mayor make a motion to approve the ordinance is presented with the uh instruction to open up and take off any restriction for the brick purchase for just remembrance park for remembrance Park on and just just for clarification this is an ordinance just uh it's policy a policy just revise the policy to that I'll second that all in favor I I hey on the new business agenda item 15 consider approval of anou for vpba wage article reopener Mar's on here but I don't see her yep um so as you guys know the market for police officers very competitive right now fewer officers out there and pay increasing throughout Palm Beach County to hire and keep qualified officers to the point where request was near the bottom of the 24 agencies we compared to in the past several months we were starting uh we were staring at several departures uh in a credit to our organization we were Swift to address the issue insured sequester remains competitive in pay with a goal to keep good people that Serve and Protect every day this mou calls for the PBA to bypass their increase as as October 1 and effective and ratified will increase the union members pay by 11% this increase will take us from the bottom of the pay scale in Palm Beach County to pretty close to the middle uh this in this increase um will keep us competitive and um hopefully keep us in the middle of that range and so um with that you have you have the agenda item thank you Council any questions or comments I a few comments uh I've been in public safety my entire life my father in public safety his entire life and a a uh middle of a contract wage increase is a very rare thing um so I want to thank uh chief of police to bring it to our attention The Village staff for coming up with a solution to keep the officers that I think as a community as a resident we all love and appreciate uh what they do I I would also ask uh Council and staff to apply the same data points and approach to General employees including firefighters as well uh when it comes to this type of competitive pay especially in this market in this area thank you any other Council comments mayor um I am in support of this um in 2023 we had a charter Amendment question which requires um which suggested that the only way that we could our police and fire could be something other than independent meaning go to the county or go to PBSO would be by a vote of the residents I believe 95 or 96% of the voters in 2023 voted in favor of that to keep our fire and police independent and this is something that comes along with that um you know we lost one uh police officer if we were lose two more we are now at minimum Staffing levels and my job as an elected official is to look out for the health the safety and the well-being of our residents and when we're at a minimum Staffing level safety and well-being that that will keep me up at night so I'm in favor of this it's not an easy decision um I know that this The Village has identified a funding source for that for this year and I appreciate that um so it's not coming out of our general fund uh we have some excess earnings on our investments that we will use for this uh but I think it's a it's a bold move but I think it's something that we need to do because again this is what our residents told us they want to keep our people our fired our police independent and part of that is pay so I'm I'm 100% supportive this thank you can I clarify that that statement it will come out of our general fund we just have investment earnings that are covering those excess cost so just thank you for thear that's what I meant yeah I just want to Echo kind of what uh council member French said is that it's a really you know big deal and big decision to reopen um a contract but you know I think it was um carefully analyzed carefully considered and um you know it's I'm confident definitely the right thing to do so with that any public comment oh can I get a motion so moved second all in favor I I agenda item 16 conceptual presentation oh I'm sorry come up absolutely on behalf of the police Administration I want to thank the council The Village manager and marene Reed that helped put this together uh I know it's a difficult decision obviously especially with so many things going on in the village but when I sit back as as the head of this agency and I get to come before you once a month and tell you about all the great things that the men and women behind me are doing it's because of their hard work so I want to thank you all at a time where it's so hard to recruit and retain quality officers This truly uh helps us a lot so uh behalf of the police Administration thank you I it's not an easy decision but uh I want to thank you on on our behalf and I think uh fing killer the PBA thanks hi good evening I'm Brennan Keeler I'm legal counsel for the Palm Beach County Police benevolent Association um my boss wanted to be here tonight uh but he's on vacation with his family right now but I think what wasn't touched on was the fact that when you lose your veteran officers you SE and officers to other departments and there are a lot here in palach County we bargain for the majority of them uh my labor union but uh you've put a lot of money and investment into your current officers when it comes to training so when you lose them through attrition or to other agencies you're throwing money out the window all those certifications things like that so um just uh I know it's already been approved so really what I say doesn't matter um and um you know I'm a lawyer so I can probably talk nonsense for hours here um but uh I also wanted to extend our gratitude on on behalf of our members um not just the members here in the village uh Village Police Department but on behalf of our close to 5,000 members here in the Palm Beach County uh in Palm Beach County uh and Martin County and St Lucy County uh for you're doing the right thing uh you know unbiased obviously but uh I can tell you as someone who is a lead negotiator for agencies throughout the county uh here and north of here um You You by making this decision you're keeping up with the market um and it's the wise decision to invest in your employees and that goes beyond just the police department so you want to keep your good employees so thanks again thank you appreciate have a nice night thank you bro thank you okay agenda item 16 conceptual presentation by 2 gho for repurpose of the former Bank of America property building y j hup Community Development um so this is conceptual for the old Bank of America building at taquesta and US1 um um you you all are familiar with this property I believe this is the fourth conceptual to come before you in the past year or so um one of them was previously pretty similar it was medical office with a fast food restaurant however the fast food tenant wasn't mentioned this time it's mentioned as Chipotle um if the project does move forward it will need a special exception for that fast food restaurant and that's um what happened whether no matter what happens with the overlay that we're currently working on so as it stands today it would need a special exception um the medical office is an approved use um Troy Holloway from tgh is here to give a presentation and I'm happy to answer any questions after that thank you thank you and mayor with your permission I have my uh standard statement to place in the record for these conceptual presentations um this conceptual presentation is not a quasi judicial proceeding and no action shall be taken by the Village Council Beyond a discussion with the applicant neither the outcome of this conceptual presentation nor any comments made during this conceptual presentation by any Village council member or Village staff is a guarantee or Assurance in any way of the final action that may be taken by the Village Council pursuing to a formal application uh for review under our zoning code thank you Troy hi good evening everyone uh good to see everyone Troy Holloway for the record with 2gh um we were here uh I guess uh last year in the fall we brought for the the W up that wasn't well received um at the time you know we did that with the current property owner uh jbcc development um with Clint Conway who's the owner of the property they were purchasing it then they own it now so we uh we listened uh to what you guys had to say then and I know uh we did listen to also um I guess someone brought a very similar almost identical plan back to you a year ago in July um it's amazing how similar it is we didn't know that um but we did listen to that to that meeting and we have hopefully addressed some of your concern concerns uh maybe not all of them in this presentation okay never get this right hit the arrow side there we go thanks uh this is a Redevelopment of the existing vacant parcel it's about a 6100t uh building currently uh with a three existing drive-thru Lane structure on that building it's on a 1.4 acre property located at 150 taquesta Drive which is on the southwest corner there of Taqua Drive in us one uh the property currently is zoned mixed use um within it is within your proposed US Highway One overlay uh district there uh the Redevelopment proposal consists of a 3799 foot medical office use uh they don't have a user for that so it could be medical office could be professional office uh and then a 2300 foot fast food restaurant which would be the Chipotle with an out outdoor seating area as well and of course that 2300 about 37% of that building so it is actually pretty small percentage of that building uh this is the site as you obviously know in the southwest corner US Highway one and toqua drive at the top US Highway one there to the right hand side uh this is this the site um essentially there proposing to utilize the building as is uh and the site for the most part as is um we are in in the yellow there that is the large three uh drive-thru Lane structure and the plan is to get rid of that structure it's pretty bu bulky and large um we've also proposed some outdoor seating about 24 seats in front of the Chipotle uh and the plan is to keep the covered arcade on the front of that structure as well uh we do propose for I know you're new overlay District uh kind of requires and requests that you do some open Civic spaces and some plazas so we have proposed on the corner possibly a open space uh Plaza with some bricks uh maybe redoing your toest ass signs some lightings and bench seating and so on uh the only change really to the site itself would be to uh to increase this South landscape buffer after taking out the uh the the drive-thru and adding some angled parking uh this would be the chipot lane they call it it's a pickup window only there is no ordering on site there's no Pi there's no order window uh no no menu outside you have to order online or through their app and you just come through pick up your food and you go uh also the plan is to fully uh renovate all the Landscaping on the site it all of the understory there is is old and needs to redone a lot of the palm trees are also old need redone um I'm not sure if Testa has a plan for what they want to do with the Royals if they want to leave those or not they are getting pretty old and Tall you know those could be either replaced with new Royals or shade trees uh So the plan here is to maintain all the existing vehicular access points uh maintain the shared parking uh with the existing commercial building there to the West um expand the South landscape buffer uh we do exceed the parking requirements uh per the code um and we do meet the landscape open space requirements as well U as I mentioned we are providing for an open Civic Plaza here with some seating lighting uh sculpture water feature whatever is desired and uh some new signage for the for the village I kind of went over a lot of that um the existing open space again we uh we we we exceed uh we have increased the open space actually from what is out there today uh parking provided 79 spaces we I'm sorry parking required 71 parking provided is 79 uh We've reduced the the building lock coverage from the 8500 with this plan down to 6550 uh by getting rid of the uh the drive-thru the existing drive-throughs um on the chipot lane just some quick figures on that again this is something chipot Lane does they're doing these a lot a lot of places it's not a it's not an order window this allows the customers to pick up their order without having to park their vehicle and to walk into the restaurant uh they can't place an order on site they can't there's no menu board they can't order from the window um the pickup window is only available to those customers who have placed an order via the app or the website um if they if they get their when they order it tells them how much time they have and so if they get there early they're just told to go park in the uh the pickup waiting uh spaces and then they'll bring the food out to them um typically a restaurant of this size would have two to three pickup spaces U there's not a whole lot um and they've done they've looked there's an extensive report they've done on their on their chipot lanes and the busy stores there's only an average of two customers at a time in these pickup drive-thru Lanes so it's not like you've got eight 10 12 cars sitting in those lanes and the average weight time there is about just a little over one minute uh this is ex the existing structure out there today it's kind of got that Spanish Mediterranean style and you got the large pickup uh drive-thru Lanes there to the left um the owner is definitely willing to go ahead and and do something with the elevations of that building I know taquesta has multiple different styles uh this is just one option um you again we're trying to keep the arcade uh that would be the outdoor seating so it maintains the arcade removes a large bulky drive-thru uh gets rid of the uh the old Spanish Mediterranean finishes uh kind of reduces the blank walls and increases more window openings on the building uh which is u one of the uh requirements in your architectural standards also trying to utilize some soft soft Earth Tone colors and some more natural looking materials this would be the front obviously wouldn't wouldn't say Testa on the building uh these are just some suggested materials in the building some Hardy plank uh possibly using some uh the wood finishes you know tile finishes on the building uh they could also use some manufactured Coral Stone on the bottoms on the bottom of the building which would look very nice as well U and in the elevation here they're showing a barrel tile roof you could easily change that out doing metal standing seam roof as well um on that on that blank wall there you know they could do more windows or you could also possibly do a living wall which would be really nice in the building um in conclusion um the re this is Redevelopment of a vacant 1.4 acre property with medical office and fast food uh it would adhere to all regulation of your M mixed use zoning District uh the Redevelopment of this site would strive to meet as many of the proposed US Highway One overlay requirements that uh that as possible U the redeveloped architectural style would we strive to meet the architectural design guidelines of your commercial Corridor master plan uh as I stated there are several different styles in that in that plan um all the old overgrown Landscaping would be removed um and and refurbished exceeding greatly exceeding your code um this would place a vibrant exist vibrant use in the existing vacant structure so with that I'm happy to take any comments advice direction thank you Troy Council open up for discussion yeah hey Troy how are you good how are you good um so I appreciate your efforts to address many of the comments that you know you heard when this was not the same concept but a similar concept was before us about a year ago and I really do appreciate that and and honestly I don't mind the design itself I think they've actually done a good job with the building based on the the uh the renderings um that said and I I hate to do this to you again because I know last time you here I probably a similar comment but it's still the same site and um like I said last time this is the it's effectively the gateway to our Village um and it's very possible that I'm being way overly optimistic on this one but I I would love to see this site developed into something special unique not to say this isn't but it's you know it's a Chipotle and an urgent care and of course we do have an urgent care right across the street with Helix um something specially unique and and something ideally tined with local businesses um so that's just kind of my my quick take on it if it were anywhere else in the quarter I probably wouldn't have that same feeling it's just such a in my opinion an important site for our village so that's where I am today thank you yeah true I Echo similar what councilman payter said great job with the approach and the renderings uh that is a gateway and I think a fast food restaurant in this case is is not what our residents are looking for can you can we pull up the slide that has the overall layout from a bird ey view not that one aerial yes it's a little slow so my question is is the entrances for customers or visitors only on the east side of the building or do you plan to have multi you know how um sweet frog has two entrances they can come in off of acoss the drive to the north no no I mean physically walking like open a door enter into the building oh into the building it would just be the front under under the arcade okay and where would the parking and this is such a future question but for people who are waiting for their order they would just but they're not numbered basically where like green car sitting out front they would just they would just pull forward and parking so here's what I'm stuck I I still stuck on this isn't much different than the last one we saw and a lot of the logistics are still missing and just not hitting on point um like last time and now I'm starting to look at it too another thing thing to add so welcome back sorry I'm going to add another one to you not all of our residents are very techy so if they don't order they want to park and most likely they want to park out front um like I'm not a fan of Dunkin Donuts park in front cuz you have the cars coming around the building and it's it's not the safest thing so I want to avoid if anything like this comes back I want to avoid that in the front obviously you have to have all your handicaps and this and that you have traffic coming in off a us one it's really close to that intersection so I know even me personally when you need to go to CVS you high tail it into that turn because you have people coming so there's no coasting and then oh I'm going to turn so that makes me concerned if people are having to park and I don't think there's enough parking to cross safely right there the Aesthetics a medium on lukewarm like I I need to see that I wish I would have had that so I could have like soaked it in I don't visualize the bright red right on a corner like that yeah and those yeah I I again red is red is fixable but my concern is because it is um like a corporate formula restaurant they get to like to have their corporate signage so we can't give them I know secondly I would advise not touching the quest assign because we have multiples and they need to match and then that's it for right now okay Troy thank you uh and thank you to your to the applicant and your client for uh you his investment in the village or their investment in the village um wouldn't be my primary choice but you know that's not what we're here to discuss um the I voed my concerns at the last presentation for this U parcel um fact that it's a pickup window and not a drive-thru because you've got CVS that would go West on the property and this coming east you've got the school behind there that might be doing drop off I just see this Confluence there that is a concern um as well as traffic coming south on US1 turning in there um so the fast food concept is wouldn't be my first priority but you know we'll see how it moves forward in that um I I am more favor of a pickup window versus a drive-thru um so that that is an improvement um I like the corner Improvement the Civic open space I like where that is um as Council uh member Brandon talked about the color scheme you know I think that it is what it is and we'll kind of if we get to that point we'll have to deal with that but absolutely we could work through that easily um but not my first choice only because is it's been said by two other members up here kind of is the Gateway and um you know that's why I was adamantly opposed against the Wawa um and when this concept came back before I wasn't very high on it but um again I want to see this partial developed because I don't like the way it looks now we've got dead Palm frons on the ground got number of Resident complaints about that so thank you to your client as well for for cleaning up you you don't know when the Palm frons fall but I'm looking forward to seeing this property and the whole property develop so um not my first choice but you know let's see where it goes okay um I have a a quick question on the parking data because I know in the staff memo it said there's a shared parking agreement and I think you did show it um on the west spaces there yeah the hatch I think there's 12 spaces back there I think is what it is and so is that included in the 79 or is it that's part of it it's included that's yeah those are non exclusive they're not exclusive to the people but they're part of the site okay all right and then um I do appreciate the um that you did not bring because I say this all the time up here white gray or black elevations because I feel like what we always get so I do appreciate you taking some consideration there and thinking of some materials that you know a little more natural looking and isn't that current Trend we're seeing um and you know the intent of the commercial corridor plan is to uh you know not have even if there's you know formula uh businesses that come in you know don't have them look so commercialized you know Starbucks did a great job coming back to us to make their Building look a little more Coastal versus that first plan that you know is are modern just harsh looking didn't fit here so I would want like take that into consideration um with the color scheme and and signage and stuff should this move forward um I did you I thought you said in the presentation that it's it's on here as a medical office but that's still to be determined or is it in fact to be determined we're show right now we're parking it as as office a medical office you kind of worst case scenario but right now he's got no one signed up uh so we're we're just calling it medical at this point worst case Okay and then um and but when you say medical I mean do you have any like you said there is urgent care across the street would it be more of like uh like Spa Medical Services like what or is there he has no users he's open to you know he's had some interest he said from what did you say a survey Dental Dental you had and also a professional correct somebody so it could it could it could go either way at this point there's nobody that's signed okay and I do I really like the landscape improvements I think you know it's a great opportunity to add that after seating and that Civic open space uh I agree with our my fellow council members that is the Gateway so I you know I think if um the applicant would be willing to work with us to really improve that corner and make it special with that Civic open space uh in such a way that it is cohesive with our other you know entries that's a really great opportunity there and um I do believe the plan and intent is to do uh shade trees you know on us one Anda drive so if there's any way that could be considered should this move forward um again you know great opportunity there to just really improve that corner um and then I know uh oh the the drive-thru I think I don't know if this is in our current Cod or if this is in the commercial corridor plan but it does talk about screening the drive-through Lane I know is that a pickup Lane technically I I don't know you know if the South Landscaping would be reust enough to kind of screen it but yeah we could definitely add some more like I said we've widened we've almost doubled the width of that buffer as it currently is and we could definitely pack as much as we could in there if this plan goes forward sure okay and then uh what is the potential timeline I know one of my big concerns when this was originally not the waa but this kind of similar concept was brought to us was the bridge had just closed and so we're really sensitive to um our current business community and you know adding some of those uses at the time seemed very competitive uh when we were worried how our you know business Community was going to do with the bridge closure um you know as of now they are still on track to open one lane each way November 10th which kind of alleviates that concern so what what would be the timing should something happen with this property good question probably s if you would you mind coming up the podium and just stating your name please uh Clint Conway it would be as soon as possible okay good answer very straightforward thank you okay I don't have any I think that's it um like I said I'm I'm glad we're not looking at a wall again put it that way and I think you know if you're uh willing to work with us and make some of these improvements you know there's there's potential there yeah so like I said he's they're very willing to do whatever you need to do on that on the building we all know it needs a lot of help on all the sides we just looked at the front because I know in the last meeting they gave you some freehand sketch we wanted to at least have some something to to show so okay yep um Troy and are there any I know it's it's a it's a question it's probably hard difficult to answer but any existing traffic for chipot lanes for this size of a store like what the traffic count is so we get an idea and if you do come back come back with that data yes said they they actually provided me like 110 page report that they've done they looked at kind of more high high user Chipotle and you know in big cities um but they they've got done a lot of studies on their Tri Lane so yeah there's I think if this comes back that would be very helpful to to have that information abely thanks any other Council comments questions other than red is just that is hot notot not a welcoming color not a problem so Red Roof red lettering red trim no thanks no thanks okay not right there at the entrance the funny thing is too mayor I I listened to your the presentation a year ago and you specifically said no Grays you know no blacks no whites we told the architect the elevations he showed us we're all gray and all black no thank you appreciate that thank you Troy thank you thank you Clint as well thank you so much Lori any cards no any public comment no okay and we're not taking action on this so no motion needed you're Pleasant though but not that Pleasant though moving on agenda item 17 consider approval for a new pump for one of our wells Mr David yep dco utilities department um this is a request for a purchase of a brand new pum for one of our our wells or of nois Wells um uh this is a designed as a soul Source because it is important as a critical piece of equipment and we want to maintain uniformity uh through all all our four RS uh which is why you know we are recommending the purchase of this pump as a sole source to maintain that uniformity the inventorial parts makes it easier because it's such a critical piece of equipment to maintain water you know to the residents we want to have you know a good inventory of parts and interchangeable parts in time as well um so that's what that is for uh one thing that I do want to point out two bumps for budget originally one has already been rebuilt um so there will be some savings on that great and uh this pump that is being recommended to be replaced was evaluated by the pump um distributor and that's their recommendation as okay thank you thank you Council any questions or comments no comments no so just a quick question and I'm sorry you probably said this but so the current pump is operable it's just a matter of making sure we have um uniformity amongst our it needs be replaced it has been evaluated by you know a professional evaluation and are recommending there be replaced okay okay all right wear and tear has been in place since 2007 and I assume it's as you said it's hard to find replacement parts at this point and the reason you want to replace it with the same style that is there right now is because otherwise you had to Retro yeah yeah a lot of the other components that would increase our cost understood okay thank you that's all I got sure laor any cards not for this item any public comment can I get a motion so moved second all in favor I I jna item 18 consider approval of a piggyback agreement with Johnson Davis uh for the final relocation of our R discharge main uh in that one I do want to give one update we've been trying to get the uh Amendment for the extension the final extension of the contract and we actually received it this afternoon so everything is in place now um we are on the time constraint uh from meetings we've had with the bridge uh Builder US1 bridge builder it's going to be a moment's notice that they're going to tell us you have a week to come in now and relocate your concentrate so this is an effort to try to be ready so when we get that call we've been in contact with Johnson Davis to make this happen within that timeline that they're giving us so this is kind of the most important component but everything else behind it it's already in motion and in place so uh this contract will allow us to piggy back the Fage County contract to get this work done and need to that line for the bridge okay thank you Council one question the amendment was for the continuing of construction it wasn't amending any uh dollar amount so dollar amount stays the same exact uh not sure I would have to get back yeah the the what uh the way that I understand it is we are waiting on the signed piggyback agreement from Palm Beach County in order to so typically we would include that as part of your backup um we didn't have that so condition of approval for this was going to be approve it and then once we get that that would be a part of the condition is that we have that signed contract and from what I'm understanding we have that signed contract piggyback contract now so while it's a condition I think we should be all good but the price should stay still be at uh the 191 499 43 okay we're approving the 191 and we're assuming it's going to well it's going to stay that way or we have to amend that portion of the agenda item yeah right at this point you can approve the the agreement with Johnson Davis I'd say you know because we didn't put in the backup have a condition that we have the fully executed piggyback agreement that's your that's your motion if you choose to do that understood the the the the price as is that has not changed to my knowledge and if it did I would bring it back to your or we would go through the proper purchasing process to amend that so but at this point that's not that's not the case it's just the the condition of that we need the signed contract from Palm Beach County if the cost comes back to be slightly above or under will that hurt the contractor the work that's being done by any case I guess my goal here is so we do not delay the work that's going to be done because the piggyback stay so our purchasing policy allows us some amendments to this uh and I I think it's like up to 25% of the cost if if it came about so we do have a little bit of flexibility but to my knowledge I don't think the cost is changing so I think we're going to be okay but I you're right we do need to move quickly on this so that way um as they're doing that project if not they're going to do the project and we're going to be stuck without that relocation we're going to do it ourselves and it's going to be I mean probably five times the cost so um so I think it is important that we move fast and we'll have uh we'll make sure that we don't miss miss the boat understood thank you I don't know if that's a pun or whatever I think it was you've been waiting all night thank you yeah and this will be the last phase so hopefully we'll be done for a while so till the next new bridge thank you not in my lifetime I hope uh any other Council comments or questions none no any cards Lor yes Tom Frankle okay any other any public comment okay can I get a motion so moved second all in favor I thank you okay agenda item 19 ordinance number 1-24 first reading for the commercial overlay districts longest title ever good lucky yeah thank you mayor ordinance 124 an ordinance of the Village Council Village of Thea Florida amending the code of ordinances at chapter 78 zoning to adopt new overlay zoning that implements certain recommendations contained in the October 2022 Village of taquesta commercial Corridor master plan is prepared by the Treasure Coast Regional planning Council and adopted by The Village Council on November 10th 2022 specifically amending the following sections 78-44 formula business formula restaurant overlay District facade transparency and Civic open space section 7896 discontinuance of non-conforming uses by adding language to explain the continuation of non-conforming uses in an overlay Zone section 78 176 C1 neighborhood commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 78177 C2 Community commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 781 178 C3 General commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 78880 mu mixed use District by adding permitted and special exception use regulations applicable to Overlay zoning and resolving any conflict between mixed use zoning and overlay zoning in favor of overlay zoning further creating an entirely new article 6 division 3 entitled overlay districts with new code sections 78-20 through 78- 204 adopting section 78-20 to Quest to drive overlay creating and defining this overlay District providing purpose and intent providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment in lie of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations also adopting section 7820 2 US Highway 1 overlay creating and defining this overlay District providing purpose and intent providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment in lie of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations also adopting section 78203 Village Center overlay creating and defining this overlay District providing purpose and intent providing design setback facade parking formula business and restaurant open space and Landscaping guidelines providing for payment in lie of certain open space requirements providing for waivers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations and adopting section 78204 waivers to provide a process for obtaining waivers from The Village Council from certain overlay District requirements providing for an applic and providing criteria for the granting of a waiver each and every other section subsection of chapter 78 shall remain in full force and effect is previously adopted providing conflict Clause severability Clause authority to cify an effective data and for other purposes thank you Keith yes ma'am Jay Keith you're a hero thank you Jay Hub here to present ordinance 124 I'm not going to go through the full presentation I know you've probably seen it eight times each so I'll do kind of an abbreviated update on where we're at with things um here's the whole long process we've been we've been working on um since 2022 uh a quick recap since the April 11th first reading um so at that meeting some commercial property owners came out and requested that we do more Outreach to the business Community we h a workshop on April 29th we send invites to 350 registered business owners and property owners and additional 60 mailers to the commercial property owners um at that Workshop there was some good feedback from from the business community and uh Village Council recommended U making a few changes um one of them was to change uh what makes a formula business um the number from three to 10 uh we weren't really set on that so I'm going to show you a slide in the next one that kind of backs up that 10 is probably the right number um wanted to create a definition for waiver and extend the um non-conformity um from 90 days to 180 days um also clarified that if a property owner dedicates Civic open space to the village that the village shall assume all liability and respons ibility for the property so I did some research on other places that have formula businesses um you know it kind of varies here anywhere from three in Santa Bel 50 in Chesapeake City Maryland um 10 was kind of the most common number um Stewart is six um also you know there's kind of a mix on on what's considered a formula business um some of them were um any business and then some of them were really focus on just retail and restaurants so it's it's really 50/50 it's there I couldn't really find um you know different differentiator there they're they're pretty similar on on those um and I know I think some some of the business Community is going to come out and ask that you you exclude certain um things from our our definition of formula business so here is the the uh proposed definition of formula business as it's currently written um it's Health Care Medical Dental retail personal service or Real Estate Services um so Healthcare of course is Physicians then as chiropractors personal services would be salons barber shops massage parlors gyms personal trainings and Professional Services um real estate is the only one that was included in this um you know other similar uses would be Insurance um Finance banking um but real estate was the one that was included in that I think at the last Workshop you guys were generally in agreement to pull out Real Estate Services um but I think you wanted to dig in a little bit deeper and and consider whether or not to pull out other things like healthcare Medical Dental um personal services so we didn't we didn't do that when we rewrote the ordinance we figured you could could you know further Workshop it a little bit more tonight um this went back to the LPA on May 16th um so they voted to recommend approval by a vote of three to one with the following conditions um the and I also believe you guys were the council supportive of these three conditions at the previous Workshop um to up update the definition of civic open space um to um to say that it means in outdoor areas maintain is an urban amenity and accessible to the general public during reasonable hours um the LPA doesn't want people to have or business owners to have to have the Civic open space open at two in the morning or you know four in the morning so um that's a good addition there we think um also just to clarify the Planning and Zoning Board does review and make recommendations on waivers The Village Council that's on that's kind of implied but um you know it's we're fine with codifying that um and the the LPA also wants to make sure that the council um does not have to accept dedication or liability of Civic open space so um that's those the the three that I think um the council wasn't you know fully on board with um was to reduce the size of properties that are eligible to request a payment and Civic open space from two acres to one acre um they wanted to make it clear that Civic open space cannot have artificial turf and to establish a criteria when the 8020 uh residential commercial mix can be M District um at this meeting they have two new um recommendations that they added the first one it's it's a pretty lengthy update on our uh the definition of waiver that Keith and I came up with um I have no issues with it it just further um clarifies a few things in the in the waiver um kind of making it clarifying that an applicant has to to Really um explain why the why the waivers are needed and um and kind of uh so the council has to provide kind of a formal opinion on that during the approval process number eight was uh to exclude the Village Center overlay from the adoption of the ordinance and continue working shopping co- changes with the owners of the Paradise Park property so at that LPA meeting the owners of the Paradise Park property came out they said that they're you know generally in agreement with a lot of things in the overlay but there's a few a few things that they have um some heartburn with and that they' like to continue workshopping um with the The Village on they um have stated they could potentially create a much larger Civic open space or park space on their Paradise Park property if if the code could be tailored a little bit more to to what they're looking to do there um I believe they're here tonight so I'm sure you'll hear from them after I'm done with my presentation um but ultimately the LPA did vote three to one to recommend pulling Village Center overlay out of out of the ordinance and workshopping with the um Property Owners of par Department um so here's the process um you know went to LPA then went to Village Council for first reading then the workshop then back to LPA and here we are at first reading again if it passes tonight we'll go forward to Second reading on July 11th um that's all of my uh presentation happy to answer any questions and I believe you're can have a lot of public comment tonight thank you Jay all right uh Council I know we've had a lot of discussion discuss on this one for the past like two and a half years now really um would Council be open to hearing public comment first tonight I would love that yes that would be great okay so we'll take public comment first tom tom Frankle uh thank you everybody and thank you for um letting us have the time thank you for all the time that was put into this process and I know that you've been at this for several years unfortunately we weren't privy to it all those times but but thank you for all the time you've afforded us over the last couple months to dialogue with you on on what's going on so um together Phil perker and I and some other people bought the Paradise Park a little over a year ago um Paradise Park as you all know is a pretty significant piece of property in the village of Testa it's the largest mixed juice undeveloped property and it could really be something special um we realized you put a tremendous amount of time into this Zony overlay and for the most part I think it's great there's so many positive elements that are incorporated into the plan um especially from the design criteria standpoint I think it's you know long overdue and well thought out it's great however as you know we've been here before um there are certain things in the ordinance that we feel have a significant negative impact on the value of our property and to um to rehash them formula businesses by restricting formula businesses it makes it very difficult as a developer to finance a new development because lenders are looking for tenants that can be creditworthy and if you're going to deal with mom and pop businesses it's not going to happen so that hurts the value of our business of our property requiring a set aside for land is a taking at least we've been advised at a taking you're taking land what do we get nothing so that's another concern and we feel it's a devaluation of our property and the third thing is that there the waivers that have been created or proposed have no significant benefit or incentive to a developer to do something that's significant so we've all you know my partner my son they've met with all of you individually we've come up with a lot of dialogue and discussion we've met with Jay and and Jeremy a bunch and they've been tremendously helpful um we want to create something special Paradise Park not just the typical development we want something that puts the Questa something that the residents can use we want to create a significant Civic benefit not 5% larger so the public can use it but we need to be incen to do that we need to work together to make that happen that's what we like to do and we like to continue to work with you the council uh the staff Jeremy and Jay and create something that works a win-win for both of us and that's we are and thank you for your time thank you thank you Caitlyn guren good evening mayor vice mayor council uh my name is Caitlyn Garren I'm an attorney with the gunster law firm uh here on behalf ofnc TOA Village LLC uh they own the property at 221 uh US1 it's the property with uh hog snapper and TBC um it's uh one of the main shopping centers in the proposed US1 uh overlay District uh s SW NC just recently purchased this property and and just recently became aware of this proposed uh ordinance uh to be frank we we just got involved with this yesterday uh engaged this morning and so um trying to do a little bit of catchup here but but I've had a chance to review this ordinance and and have some real concerns about some of the language in this ordinance and uh the inordinate burden and significant impact it'll have to the property uh not just creating these New Uses with the formula business and the formula restaurants um which create you know now have potential tenants going through the special exception you know review criteria and approval process but also the ordinance proposes uh vague and arbitrary uh conditions on these new types of users um where it makes it very difficult to give Property Owners notice and guidance as to what tenants are going to be allowed on their property uh that has a significant impact um on the ability to to lease the space and value to the property so s swc they couldn't be here tonight um they're a new property owner in our community uh they want to be a part of this community they want to be good neighbors they want to work with you guys um and be cooperative and and and coordinate um I say our community intentionally I live here as well I you know I grew up in Jupiter I live in test Country Club with with my husband and our daughter uh so I know how important and special this community is you know I know what an undertaking it is to try to develop these types of uh Land Development regulations to really uh implement the vision for a community like taquesta we're very fortunate to have uh Mr hopes uh come join the village I was glad to see he was on board so I know you all have spent considerable time um you know working on this and um and I can appreciate that um at the same time it's it's incredibly important to balance and consider uh and protect private property rights during this process and you know we have some really significant concerns about the impact to the properties with these new own overlay districts and so tonight we're really just uh requesting to to you know postpone consideration of this ordinance to give us some time uh to review this to meet with you all to meet with your staff and see if we can find you know a resolution that that works for the community you know which also includes you know these private property owners that are within uh these overlay districts and going are going to be impacted by uh by this ordinance so I appreciate your time tonight and and look forward to hopefully working with you guys thank you thank you sorry Rob Steiner excuse Council appreciate your time and all the hard work you do for our Village um I'm a resident for decades I've also commercial real estate broker and uh I've been a commercial land owner we had land on us one and it is very difficult very concerning these formulated businesses and restaurants um I like the town the way it is just like everybody else but I also know my wife doesn't like to drive over the bridge to go to Jupiter so I feel that if a business is allowed to come in because of the current Zone then that should be the case so thank you for your time and hope you that some consideration thank you thank you thank you no other cards for this item any other public comment okay sure yeah please come up and state your name and address uh hello thank you uh my name is Patrick dolal um my residence is 18231 southeast Island Drive to quo Florida um I uh I have an idea as to what's going on in the village here um my wife and three kids are um residents and uh I'm a member of the board of jukera athletic association specifically the the lacrosse uh group for the girls and um I know that um the developers of this project are are trying to improve uh what is currently there today um I've been a developer for two decades in South Florida I'm part of the ownership group of CVS Pharmacy next to the Bank of America and next to this public park um I've negotiated hundreds of leases commercial leases for formula businesses in my two decades of doing this um just in the five minutes that I've saw some of the language up here some of this language is extremely problematic um I think we should heed the advice of the attorney ATT um that was up here previously 180 days to negotiate a lease get a tenant involved and get them into a a space is woefully inadequate um it's actually not even possible in the day and the time that we're living in um I think Mr perco and his Development Group have have a plan have a vision and what they're looking for is um a certain level of relief so that they can execute on that and I think that right now this should be tabled and um further discussion with the council and planning staff um should happen so that the The Village gets what they need and the constituents get what they need as well um I'm happy to help be a part of that in any way um and I think that uh you you all are on the right track with what you're trying to do but it needs to be curved in certain ways um I was the one of the first developers in Miami dat County excuse me in Miami dat County to develop under Miami 21 and the first time we developed under Miami 21 regulation we needed 37 waivers on an acre and a half property so for the interest of the staff and the time and everyone else I would implore you guys to um to think about this again and talk about it in further detail thank you thank you thank you any other public comment yes sir can state your name and address please my name is Rob Hammond I'm U been down here 30 years office is in Jupiter my address is 2367 Edge waler Drive in pal Beach Gardens um spent the first 20 years uh living in Jupiter in this area I represent um large and small business owners um I own SE and Commercial Real Estate um so I represented from WAW to mama pop companies um buying selling management the owners who come in and buy today unfortunately I wish Jupiter was in this place was it was 20 years ago I think it's too big too crowded but it is what it is today problem is when people come in and buy property today because of the expenses insurance taxes they have to make a profit it's whether it's a small profit or just a profit the mom and pop guys who are looking to rent here anymore can't even afford the cam which is the taxes and insurance so it's a happy medium we have to try to you know find for the big developers large property owners and the mom and pop tenants which we need all of those but companies like maybe not Wawa uh chipotes and somebody said that nobody wants wants the chipot here I'd probably do a survey to say a lot of people want a chipot here um and other businesses like that but you have a fine line to try to try to go to um from Big Business to small business um the property that uh in question at the park I would suggest you hold off on that I mean Mr Perko's plan on that with this team um is is it doesn't get any better um that I just wanted to put my comments in as far as the Delta between a small business and a large business um the final line and try to be able to to accommodate both of them so thank you thank you thank you any other public comment uh good evening John it's little 250 toest to drive um good evening council members and staff I'm here again to address the proposed ordinance 1-2 24 I know the time and effort that has gone into this process but I do not believe this ordinance creates the necessary improvements in the village this creates additional regulation for a non-existent problem I urge you not to proceed to adopt this ordinance in its current form the the the the comments from the LPA certainly urge you to at least hold on the village overlay district there are still too many issues with formula businesses as you have heard including many legal issues have already been raised which may result in wasting future uh Village resources if this is passed and most certainly will be challenged in the future your intent is to protect local businesses but the very property owners that are trying to lease these properties such as myself are small businesses as well I managed this property for 20 years 20 years of Sweat Equity before I purchased this property uh you know future restrictions will jeopardize my leasing opportunities which are critical for me to maintain my my loan and that my mortgages uh again I know the amount of time spent on this process but don't consider this a waste if it isn't adopted but a success that the work and research brought you to the correct action for the overall benefit of the village of taquesta thank you thank you any other public comment okay open up for Council discussion um and just uh to really the two issues that I feel like we've been hearing are which are kind of could be addressed separately if we choose to uh is a Formula business and then the incentives potential incentives so um you know when it when it comes to incentives and maybe staff can chime in if I'm wrong but the way I understand it is that incentive don't necessarily need to be tied to an entire overlay or entire entire Zone and so that's something we could potentially Workshop separately strictly just incentives and talk about the different options there I know historically uh during this process the community and previous Council was uh really against even talking about any incentives especially when it comes to height and density but um I do think that's if this Council would want to entertain it that's a process that could happen as a a new item to workshop and I think we have to be really Discerning with it because you know I don't think we need to be careful with what could potentially be offered especially with State preemption implications like the local act that's out there we don't want to allow something and bring something into an area that could have you know impacts larger impacts because of state preemptions so I think that's something to consider um on the incentive route so with that I'll open up for discussion I have a few comments loaded here and thank you to all the speakers who attended tonight uh property owners and businesses have been missing from a lot of these meetings for a long time so I appreciate all the comments I know we've had a lot of the same items hashed out but when one thing changes is a chain reaction for multiple other so U not only do I understand that I do appreciate that you guys are the experts in a lot of this who want to continue to hear those comments um as far as what you were talking about Mar about incentives uh we had waivers um tax abatement and a few others just where I stand on on waivers I do like the idea of Civic benefit so I would like to have those further discussions because I don't think that we can flush out speaking about incentives in general uh if it's tax payment waivers or anything in between just this evening I think that more research and conversations need to be had U previously you had some additional comments that we were going to approve and adopt and I still um I still support those you had a list from the LPA and thank you to the LPA for hashing out a lot of the comments um that we've heard tonight and giving us some suggestions there was some great uh back and forth at the last May LPA meeting so I do appreciate that from everyone who serves on that board those are some uh good recommendations and good conversations the artificial turf regulation uh I wasn't following that 100% but my initial is to reject that from the LPA recommendation The Village Center overlay exception I did support that to have further conversations with the Village Center the land owners Property Owners there and then I did support the number of 10 for chains when we're talking about retail uh restaurants fat food restaurants and Retail I can elaborate on that if needed and those were my first set of comments as we have these discussions thank you anyone else like I have more if no else formulating my response okay um mayor I'll jump in um Jay I guess I have some questions in before I get specific to what we're discussing in the overlays something I've brought up before we have buildings with drive-throughs on them in overlays that restrict drive-throughs what what can we do to make that work I mean we've got the PNC building on sequester dri the old PNC building we've got Mr is is Le's building it's a drive through we've got Bank of America with the drive-thru and where they L sit currently or where they may sit if these overlays go forward what do we what do we do when we've got a building that somebody can't use we're telling them they have to break tear it down right good question yeah I mean I think an easy solution to that is if if you if you don't like that is you can change the so right now drive-throughs are per hit in the Village Center overlay you could say new drive-throughs are prohibited so the existing ones could could remain so I think it's just a simple tweek of putting new in and that would solve that okay thank you um we're on the you know I totally appreciate and understand the we keep talking about this and rehashing it and rehashing it but the more we talk about it the more I learn and I think I think councilman French said it one change or one thought one thought pivot creates a domino effect and there's certain things in in in life in general when you know it's it's something that's Monumental and and it's it's change taking and I think we're right on the edge of being able to do something for this Village that will maintain the Integrity of the village but really make a huge impact and that we really I believe based on what I've heard and talking to people over the last 18 months and an office um still maintains what they want this fabric of taquesta and I want to get it right you know and I I I believe we talk about incentives and waivers um but the languages change so much where one gets confused because we talked about no waivers before now we're talking about we have a whole new definition of waivers and so can you give me an example of what a waiver would be for right now you could get a waiver for reduced uh landscape buer or reduced building setback um they're usually More Design oriented um but right now they're prohibited for you can't increase residential density and you can't increase Building height through the waiver process but generally they're they're for design features throughout the property you we they can't be offered for density and height through the process or our process currently as it's currently written it it it specifically excludes those there there is a easy fix you can change language around if you wanted to be able to Grant those or even be able to Grant Limited waivers right so you could say something like a waiver could be requested for an additional fifth Story or partial fifth Story or you know something of that nature yeah and waiver would be would it be appropriate to have a waiver for the public benefit you know that could be the offset that could be the the balancing of the scale yeah I mean you you could tie it to something specific um I know in I mean that in this instance you know the the owner of Paradise Park has said that they could provide a larger Civic open space so there's a possibility that you could write the incentive to say that if if someone was dedicating 10% 15 20% Civic open space then they're eligible to apply for that waiver right so right now they only have to provide 5% Civic open space so you could set a specific parameter and then if they meet that then they would be they'd be eligible to apply for it but but otherwise they wouldn't be able to apply for it yeah I I a waiver for hey you know I've been asked would you support a waiver for height or density and my initial my answer is no however when a waiver is offered with tremendous public benefit I think that is where the the trade-off comes um you know it's a loaded question when somebody says will you do you support waivers for height and density it's a loaded question because you don't know to to the totality of the situation but but in this case we're not and and I'm trying to separate Mr perco and and their proposal that they that we've all heard about versus the overlay districts I think in this we were we had the ability to perhaps purchase to get in a bidding war maybe with Mr perco you know we had a bond issue in 2023 that failed um you know and part of that was to buy green space and because the public said we want Green Space they just didn't want it under that vehicle purchase it under that vehicle now we're tasked with trying to find green space and in this overlay this Village overlay seems like there we have the ility we're not giving something away they give us a park that doesn't mean project gets approved it still has to you know have that public benefit so waivers with great tremendous public benefit I can be talked into that because I think that's something that provides benefit for the greater public and I think we've heard through this whole process open space Civic space you know public parks green space that's what Questa wants and we have the ability to do that just because a developer offers it to us does not mean we approve the project but it gives us the ability it gives the developer the tools to offer what we're looking for what I think what I've heard that we're looking for so a waiver for height with great with the trade-off being tremendous public benefit I can get comfortable with that if they just want to go to the maximum setback and just build up and get height I want six stories instead of I want to go 75 feet versus 50 feet that code says there's no public benefits so I wouldn't do that but in this case I think allowing us on the the V not to Quest overlay but on Village and as well as us one Corridor if we wanted to take it to that effect because I think we should apply that equally because they they butt up against each other and you run into a very confusing property line you know what is now the mix use will not be the mix use under the current the proposed overlays not the same properties um I also think that we're litigating formula businesses and I don't know if that's necessary I've said this before on the record that I think the P the formula this a lot of this came I was not part of the shet process and and the Treasure Coast plot process but a lot of the aggravation and the heartburn and the public outcry has been more from formula restaurants than formula businesses and if um a very well-known firm that might have 11 locations a firm like a BDO a CPA why would we not want a CPA firm with all that with that intellectual um intelligence that could come in why would we not want a law firm to come in just because they might have more than the number that we arbitrarily put so I think regulating and litigating these formula businesses I I don't know I think we're solving a problem that really hasn't presented itself yet just to be clear I'm sorry to interrupt but the I just want to be clear the dequest to drive overlay is the only one where we're prohibiting formula businesses correct the others are allow via special exception okay I turn I just want that to be clear make sure but from even the fact that we're having the conversation with the formula businesses I don't know if we need to have that I could get comfortable with and and and dig my heels in on formula formula restaurants um because that's not I don't you I hate to say this but I don't want it to look like Indian toown Road but if we're going to have formul restaurants they should be with a special use exception on the US1 Corridor um but I don't I think by going down this road of formula businesses I think we're trying to solve a problem that really hasn't surfaced its way up to me at least so I'd be comfortable getting rid of the formula business dialogue and and the language um and the last thing um I just I want to make sure that I want to get it right you know and if it's passing a few or one or two or or two of the three or all three or none of them um we can still get a victory we can still get a big win here it doesn't have to be tonight or on July 13th or whatever the next reading would be if we can get it right and avoid potential litigation where we take resources that are not in the best interest of of the village to spend that kind of money I'd like to take us a little bit more time and if um I don't know what that looks like but I'd like to see some changes to the formul businesses get rid of that designation um and have a a meaningful conversation on waivers for height um only because of if there's a tremendous public benefit we have to weigh that and that doesn't mean if somebody gives us that that we give them that you if they say oh I'll give you a part that doesn't mean they automatically get the waiver for Hive but it gives somebody the tool to to craft a project and and and uh and a development and a vision that really I think would would align itself with the village and what we're trying to do so just because we make some changes to these guidelines doesn't mean that we're approving any project that comes before us but it gives that developer and that applicant the opportunity and gives them the tools to do what we're looking for so right now it's it's a longwinded that's kind of where I'm at all right want me to go no I got this okay took me took me a few minutes but I got it good um so I'm going to just go straight to the conclusion because a lot that has been said I uh I agree with like the waivers Mr Council Mar stor just spoke about the waivers I agree I mean I think where there's a significant Civic public benefit um for our village perhaps that is something we should consider some type of waiver incentive there um and the formula business so and this is also why I love public comment you know you always learn something new from the public I you know I know what I do every day at work but I certainly don't know I'm not a professional or an expert at what some of the folks that came up and spoke tonight do so I I can appreciate that um and I will preface all this with I I absolutely despise indecision and dead air but um I also agree that we have an opportunity to make this um we have we have an opportunity to make this something that works for everybody um and I want to get it right and I want to work with our property owners I really do so that said I'm not in favor of tabling only the village overlay District because I just think that this should be a cohesive process so looking at the recommendation from the LPA on just tbling the village overlay District I don't like that if we're going to reconsider this whole process I think it should be let's let's just hold off on the ordinance as a whole meet with our stakeholders meet with staff and let's get this right I mean it's it would have would have been great to know some of this months ago but it is what it is we're here it hasn't passed yet and I think we still have that opportunity um to work with everybody so I did not feel that way walking into here tonight I will admit that but after hearing what I heard I I'm in favor of just kind of pumping the brakes a little bit on on this to to speak with all groups um and staff and try to make this a little bit more uh palatable for everybody so that's where I am right now Jay is a grocery store considered a formula restaurant or a formula business it'd be a formula business as a retail operator okay interesting so man we have spent so much time I know we talk about that but we have and we have a group of property owners and I say that because they're Partners who have been super open with trying to work with the village and I greatly appreciate that we by my vibe and opinion we have not come to an agreement on much of anything but I agree the open conversation has been great and I appreciate that unfortunately a lot of those conversations aren't happening in public meetings like this um I know mine I try to hold here at the Village Hall conference room with a staff member in the room and I like to hear what they have to say gives me stuff to think about then I go talk with the public and I try to find where's the happy medium my concern I've been very vocal publicly for years that I'm not a fan of incentives um not saying at all but special waivers variances for me apply to properties individually I don't see them as a a Zone overlay for me it really depends on what it is the size of the property the location and so on and so on so in our backup you know it says that the applicant or the property owner would like to be granted a limited limited waiver for height or density as it would make more feasible for them to create more Civic open space on site I have a hard time thinking that the majority of our residents are going to be okay with that because what I have been shown in the past about year different Park sizes that could be there for civic space I don't know if that is a good tradeoff for our residents would think do they want to go to a park that has no purpose it's not an Amphitheater it's not a playground it's not really it's off a main road is there parking for the park what's there to do there I have concerns of what really is the purpose and use of if we put Civic open space at that property so again here I go talk about that property specifically when we're looking at this as a whole this is an overlay this isn't just an overly over that property so I am going to look at this as a whole for that reason again if anything that these Property Owners come forward with whether it's conceptual design or an application with a design I will absolutely look at that design for that property specifically and then also if I ever get something publicly submitted I would love to share it with the public and say what do you think tell your counsel if that makes sense so sometimes I get asked by even Jupiter people when they're trying to work in their town do you think people would like this or that I don't know give me something on public record and then I can let you knowes that make sense for everyone in the room so that's where I think we should go I think we should look at this as a whole and then if there are concerns from specific properties we go forward with those conversations and see what we can do whether it's a text Amendment amendments in general maybe they do need special waiver if it's a special waiver I need to see what is it for I need to see an actual design submitted to some degree not 15 different designs I don't know what to show the public and get them involved and that's where I'm at tonight thank you um I I agree with what council member brand is about looking as a whole I know we have been focusing in on Paradise Park property at times because they have you know reached out to us a lot during this process and have met with us uh to talk about their property so I think um it really does need to be looked at as a whole and you know we have spent two and a half years a lot of taxpayer dollars and time from the community and you know coun this Council and previous councils have been invested and so so I'm kind of weighing how much longer do we continue to Kick the Can down the road it's a big deal and I very much respect everything we heard tonight and it's really important to get all this feedback but where where do we draw the line where we're continuing to K the can and invest even more taxpayer dollars in time and not you know not accomplish something so you know I keep that in mind and I don't and maybe Keith you could answer this is there I mean if we pass anything tonight Council can always Workshop additional like I said if we want to Workshop different incentives because there's not just public benefit there's the tax incentives potentially there's lots that we could talk about there if this council is in favor about uh discussing incentives so I mean are we if we pass anything tonight we're open to continuing to talk about other things and amending it down the road how does that work well remember tonight's only first reading so it would not go on the books if you voted to approve on first reading you would have to still have second reading um yes you can always workshop and and discuss specific points um these codes are living codes all the time that you can they're always um you're always able to change them tweak them adjust them they living documents um you know if you passed it on first reading and then came back in July um on second reading and you passed it then it would be on the books and that's that is when that's that's a trigger that's pulled and that's an important trigger from the standpoint of um anyone who wanted to challenge the ordinance because there are certain time frames to file certain things so that that's you you're kind of hitting the stop clock when you approve it on second reading that's when um somebody's going to file a lawsuit alleging that the ordinance is uh unreasonable or arbitrary or uh if they're file an action alleging it's inconsistent with the comp plan or filing a Bert J Harris claim or an exaction claim I mean there are a variety of legal remedies out there and they're not mutually exclusive um the same person could file multiple actions seeking different different relief based on the damage they feel that um the ordinance is causing them so but you know if if the council is of a mind to continue to Workshop some element my suggestion would be to go ahead and do that but don't pass the ordinance because passing it and putting it on the books is and with the assurance that you're going to Workshop things is not going to be any kind of a the Assurance of workshopping is not going to be a pause button that's going to that's going to stop the the challenge to the ordinance so if Council feels like there are things that you still want to nuance and work through then my advice would be to not pass the ordinance at this time if you're comfortable with the document then you know go ahead and move on it but if there's things you want to continue to work on uh there's no reason to to to even pass it on first reading because you're one step closer to having that trigger get p and so the I mean there's a lot on these on these orance right it's not just the main two topics we've been talking about which is potentially adding incentives um and then I think formula business seems to be the bigger issue in Formula restaurants from what I feel like we've heard and what council said so I mean is a possibility to just move remove the formula business portion and pass it with like that move if that's the biggest concern and that's what we want to talk about so because there's so much other stuff on here um and so that way we could continue we pass without the formula business continue to talk about formula businesses and then also have a discussion about incentives because incentives aren't on here so that's you know to me that's a whole separate conversation um and you know there there's been comments about a taking and whatnot but I know that you know we know and and Keith has been saying this whole process that this you know ordinance is defensible like with the Civic open space that counts towards their landscape percentage so we're not we're not requesting them to give us more land we're just kind of like shifting things around but we haven't taken away building square footage we haven't uh uh taken you know requireed them to add more square footage for open space it's more shifting things on the site um so I just want to keep that in mind as we have the discussions too so would would something like remove moving the formula businesses approving it without the formula businesses and then continuing those discussions down the road be feasible you you could certainly do that um I mean I will tell you just from what I've heard tonight formula business is one of a couple of issues that were raised so you know again based on what I've heard tonight if the council was to remove formula business from the equation completely and move the ordinance forward you're still going to have the issues that that were raised regarding um the incentives and the waivers and I you know I I don't know if if removing formula business is enough to to uh plate folks who might otherwise challenge the ordinance or not so right but we could do that if we chose to you you that is something you could do okay and then I know um I I believe we talked about last time about allowing Business Services which was establishments such as real estate Insurance accounting and bookkeeping financial institution manag or consulting or other similar uses um I do feel like we did discuss a potentially lay that um being an exception not being counted as formula businesses so I wanted to throw that out there for consideration if Council still um felt like that and then um I'll say actually I talked to the West Marine property owner this morning and and talked about the ordinance and uh you know we kind of talked about the formula businesses and the timeline there and uh I had broached with staff if we have a formula business submitted as a special exception use and say it's for uh a like a like for like and it's or not a like for like but it's going in a tenant space right it's not a new development like the Starbucks or you know what we saw today with the Chipotle um I mean is that something we could do like a 30-day turnaround on and so make sure that those kind of submissions have a faster turnaround time yeah we could create an expedited um approval process through for special exceptions especially when it's a tenant change out like you said we and we can we can do 30 days we can make that work so again that's like something else to consider that could because we we do want to work with the business community and and there's that balance of what the community you know wants and what uh the business Community wants as well the residents and businesses so you know there's a balance there and then I know uh you know reality of the the tenant space size like if you have a very large like say The public's uh that's a really large tenant space the chances of a small local business going in there are slim to none right they can't a they don't need that much space b they don't they probably can't afford that so I think the reality of when those come to us in regards to tennis space size like there's going to be you know that's going to probably shake out the way it should because they're not going to have small local businesses coming to you know lease these huge tenant spaces so I want to keep that in mind and because the goal of this is not to like not allow these businesses it's just to make sure you know there's may be some extra consideration like for example the waa was a really good example of that and I heard up here tonight you know we don't want a chipot day so I just again I just want to throw that out there um I like the new drive-throughs uh are prohibited that was a good thing to add um so I think you know at the end of the at the end of the day my opinion is that like I think it'd be great to pass something if we want to remove formula businesses um and have additional discussions I think that would be a good route so um I'd like to get council's opinion or input on that I'd be okay with moving formula businesses so you had a few comments I was just going to hit them all once um cut I didn't it was a good idea to cut up the ordinance or remove for formula businesses but I don't support cutting it up especially when we're going to go into a talk on incentives I think that's going to be a complex uh workshop and discussion so I don't support separating formula businesses for the ordinance for this evening and then uh you're adding real estate's formula business exception we talked about that I still support that I think it's a great idea and then there a great idea creating the expedited process for special exception 30 days I thought it was interesting the gentan earlier said the 180-day turnaround was not enough on the lease cuz I believe we increased the time um significantly on that turnaround that is something I want to look to um a little bit more as well so in summary I don't support the cutting up the ordinance to vote for part of it this evening and then work on the rest of it I would support tabling it in general okay thank you yeah so I I agree I I think we should just um defensible or not I don't want to see this end with litigation I I don't I think there's a way to do this where that doesn't happen and talk about a you know taxpayer drain I mean I'm an attorney and I I no offense but I dislike attorneys probably more than anybody and I just I have a feeling we're going to be defending lawsuits um if we do this and I don't I don't think that's good for anybody not for not for us not for our uh Property Owners not for our local businesses so I think there's a way to do this where that that doesn't that's not how it ends um and if tabling it if that's what we have to do to get to that point then let's do it I mean we all have other stuff going on but we're up here because we decided to take this role if we have to Workshop it three four five six more times it is what it is B your tongue I know I can't believe I just said that either but I don't I don't I just don't want to see this end in a lawsuit we're going to that's a a money energy time drain and you think we're talking a lot about this just wait till that happens you know so um and again I've completely gone 180 on my decision on this right now and I I fully acknowledge that but I think there's a way to do this where everybody feels just good enough that they're not slinging lawsuits at each other so um that's what I would like to see I'm I know there's been a lot of time we've all addressed that and this has been going for years um for me it's 16 17 months um but I really want to get this right I really do um we can really we can we have something and and I am looking at it I know there's been talk about looking at it uh individual Parcels or individual I'm looking at it from from an overlay because I think that's what we should do I don't think we should try to pick a favorite which within a district and say well I'll give a waiver to this person or you know then I think we do we we get into that when when it's eligible to the entire overlay the waivers or the incentives or whatever you want to call them I think that's we are looking at it from a an overlay perspective not looking at you well because Mr Perko's in front of us if this was ABC company doing this you know Mr per may come to with us if we make these changes he might bring us something like I said that we may not like and he's fully aware that that could happen but we have to give the tools to I think to the developer and the person that's going to do this work to give us what we're looking for and what I believe that the residents are looking for so I am I just I just want to make clear that I am looking at this from a an overlay perspective I'm not looking at it from an individual property owner I think that's that's wrong it could be any applicant but I think if in the US One Corridor or even if Village this were spending a lot of time and energy on Village I think in the village Corridor in the village overlay I think we have more work to do on that because I think we can really make this right and we can do something or have somebody bring us something that can really Define what what the village is you know and and I'm not a favor I'm not I I want mix the two you know agenda items but I'm not a fan of like I said of what was presented tonight in conceptual but we can work around that with great landscaping and things like that you know and if that's if it's going to be an allowable use then it'll be an allowable use but I think we can work to it to have a a gateway to the Village but I think if we pass them as is and we start just trying to Pac mail and add things on and on I don't see the damage or the harm and I can defend this all day long to let's wait 30 days or 60 days or night let's get this thing right instead of going it's going to take the same amount of time to ultimately get to what is being presented to us even though we're talking about overlays we do know what the specific parcel is and we do know what the specific project is to get to there it's going to take the same amount of time anyway so I would hate to see us in the event that it does come down to litigation and I know while we may feel it's defensible it's still it's still it's still cost it's still delay and I would just really like to see us get this right and I'd be in favor of of a of I hate to say delay in it because people date a long time before they get married I mean you know and I'm not we're not dating Mr perco but I'm saying but a lot of people date for a long time because they want to make sure the things are right and they got to fix something before they pull that trigger and I'm in that place right now that I I I'm not ready to to to say we're going to get married to this thing yet I I want to try to figure out the things that keep us keep us both up at night and I think that there's a there's a workaround with a delay and I know with due respect to my fellow council members that have been on this thing a lot longer than the other three gentlemen have um I think we can I think we're that close that we can work and then if it doesn't work then we bring it back and we throw it on the table and we have a vote and how it goes It goes but I don't think we're I'm not comfortable that we're there yet so I agree can I say one last thing M all right this is to my uh business owners and developers who are listening or sitting here in this room if I decide to go along with my fellow council members and continue this conversation yet for another couple months I mean the horse is dead guys um please be honest stop playing games and stop setting legal threats we get legal threats all the time it's old that's not a good conversation for me I like partners that are in the conversation not just saying well if you don't do it our way we're going to do this and we're going to sue you I'm done that's ridiculous that's not a conversation so please be open and stop beating around the bush like tell us what you want and then we can find a Havey medium if you just play games and round and round conversations I can't figure out what it is that you want because we're going to do another Workshop then we already did that we literally just did that and we didn't really get much out of it so what is going to be different this time so please be honest straightforward whether it's good bad or ugly and hopefully we will figure this out okay thank you thank you um I'll just say you know I respectfully disagree with uh postponing this whole thing I so I say respectfully because I respect what everyone says up here um you know I do think it's doing a community disservice to not like even come with some level of compromise like I say remove the things that we think are sticking points and pass the stuff that we're good with and then um continue to Workshop the things that are sticking points so you know I think there's a compromise that could have been made so I'm disappointed that didn't happen uh and I think our community deserves that but um with that being said I don't do we take action if the majority wants to Workshop it what give status there to lay this on the table and uh have further Workshop or staff level level meetings but not to pass it on first reading so I would like some some motion to that effect yeah I make a motion to table the current ordinance to further review this at a workshop uh including incentives second all in favor I opposed no not and then the next um agenda item what are we on the mapin it should it should travel with the text ordinance so that that should be pulled from you can just we can just pull that from the agenda with Council consensus and that just needs to travel with the text ordinance a motion for that yes uh please I'll make a similar motion for the next agenda item should be agenda item number 20 is there a second second second Sor all in favor I I no okay moving on our final agenda item 21 ordinance number 0624 first reading of ordinance to uh remove electric bikes prohibited on sidewalks thank you mayor this is ordinance 06 24 first reading an ordinance of the Village Council Village of the quest of Florida repealing Chapter 46 motor vehicles and traffic Article 1 in general section 46-4 electric bicycles on sidewalks prohibited providing each and every other section subsection of chapter 46 shall remain full force and effect as previously adopted providing conflex Clause severability Clause authority to cify effective data and for f purposes this repeals the ebike regulations as directed by council at a previous Workshop Council any questions comments hey guys can you take it outside please we're not done thank you no no comments from me just one clarification I don't does this defer to State Statute because it didn't list the state statute on here this is this document simply undoes the ordinance that we did by by virtue of not having anything on our books you will default to State okay so it doesn't needly listed there or anything okay perfect question okay uh any cards no any public comment Mr Radford you've been quiet tonight I'll be quick uh Thomas Bradford 44 Chestnut Trail toqua Jason I don't want you to take this wrong but the the motion that you made said made a reference only to incentives but I think waivers and incentives are part of this whole thing I think you just said including did you say I think it said including but if that's the case I'll stop making custom motions and I do appreciate you saying that but I I thought I said including well so the ordinance was tabled I think that your the council is free and clear to Workshop any and every aspect of it you have a I think the way you said it is is to further discussions in comma including incentives but I do appreciate that please continue to do that he he's made he solved the problem for me because he says it's uh any and all things that may come up okay but I want to also mention to you two thing three things incentives waivers and lawsuits Mr Bradford we're talking about ebikes right now what's that we're talking about ebikes right now oh I thought you were I thought you were done with a meeting no oh so you can talk to us after the meeting can I can I can we move on yeah I'm [Music] sorry okay so there's no public come on ebikes I believe so Council can I get a motion so moved nice there you go second all in favor I okay any other matters no no summer I just just to clarify um so council member French is clear because I it came you brought up on the C3 but I want to make sure we're all clear I know the intent was there on C3 but like legally if it wasn't said exactly as a motion like it okay doesn't matter like so that it does seem you know like what we talked about it was obvious but I've learned that you know trial and error myself up here so it and that's correct Keith right like even if we had discussion unless it was actually part of the motion no matter what it's the motion was the motion the motion was the motion so that's that was the formal action taken I appreciate that clarification I apologize for there I've made the same mistake why I didn't make a single motion for like a year no no don't stop just getting in there practice makes perfect all right with that can I get a motion to adjourn I will make a motion to adjourn second all in favor see Jason that's the only one I ever got it