##VIDEO ID:f-o8-LkHJrY## that's take she never answered when I was asking her she's muted there so I don't know why we're hearing what's going on there because her little thing is M good evening everyone it's 6m I'd like to call the meeting to order it is October 16th 2024 and regular council meeting Lori can I get roll call Mayor Young here vice mayor Sor here council member Brandon she is on Zoom with us council member painter here council member French here thank you and the invocation and Pledge of Allegiance will be led by vice mayor Sor tonight okay uh dear heavenly father as We Gather this evening let us first take a moment of silence and pray each in our own way for the people that lost their lives lives during the past two storms and pray for all the people that lost their homes and their possessions that must now live with only the memories of the places they once called home we thank you for the men and women of our village staff our First Responders our Public Works Crews our utility teams and our administrative staff that work diligently through the past two storms with the objective of keeping our residents safe our property protected and our village operational they left their homes and families and put our needs above theirs and for that we are eternally GR grateful as we discuss the issues before us this evening may we approach any differences as a civil society remember that once we leave this chamber we are so much more the roles than the roles that we served in this evening we are at our core mothers fathers brothers sisters sons and daughters in Matthew 12 you taught us to make the tree good and the fruit good for a tree is known by its fruit out of the abundance of the heart the mouth speaks in your name we pray amen amen please stand I pledge allegiance to the flag the United States of America and to the Republic for which it stands one nation under God indivisible Justice for All hey k a motion to approve tonight's agenda so move second all in favor I moving on to presentation ations item number one we have a proclamation proclaiming October 21st through 27th as Florida city government week and I don't think anyone's here to accept it so we're not going to read it into the record tonight moving on to consent agenda can I get a motion to approve the consent agenda so move SEC second all in favor I I any Communications from citizens tonight I do I have Elizabeth Lawler hi I 104 Del Circle and it has come to our attention that they are thinking of resoning the Villa bagio town homes and I'm just here to begin the process of help we very much oppose it I moved here four years ago as many people in our community did I've in C Del Soul because it's a very residential area we all walk our dogs down the way walk to the par walk go to the school bus and all that and it just would be I think a terrible disservice for the area to Res it and um not to mention it would really do a terrible thing to our property value and on nutshell I just want to be in that process and I know many people like to know more about it and we oppose it I oppose it thank you thank you thank thank you I have no more comment com any other public comment that's not related to an agenda item tonight okay moving on Communications from Council I don't have anything this evening I do have a few items uh an update uh as other of our council members serve on a municipal committee with the floorida league of cities I recently Join one joined one for my first time uh we had our meeting it's the M Municipal operations committee and it deals with uh workers compensation collective bargaining um uh sovereign immunity one of the items will'll be tackling is recreational marijuana uh and how those tax revenues would be distributed throughout the state into whom and a few other items that affect municipalities around the state uh so I believe my background uh in municipal government assisted on the discussions in that meeting and we'll have three of those meetings until the end of the year and then whatever that committee comes up with that believes it's most important of the items uh we'll take those to the state level and continue to speak about them um and I'm sure you had some of the same uh experiences that just went by but that was my first time there and it was really impressive to see all the elected officials throughout the state working together um as one it was really phenomenal bunch and uh we're all learning from each other at a really fast pace so I appreciate that opportunity you um I was only able to attend by Zoom call uh the same meeting that mayor and Council and French went to um and I sit on the natural resources utilities and Public Works um a lot of issues to do with um storm water and things like that will be coming up so our next meeting in November will be more robust we'll have more to report but just know that your village and your council is very well represented at the state level thank you and yeah um I was up in Orlando for the committee meetings as well I'm the vice chair of the finance and Taxation committee which is very self-explanatory what that is um the four things we discussed was uh further erosion of property taxes tangible personal property and local business tax reform and then also a more equitable distribution of the uh tourist development tax and so in November we it's ideally the committee select their priorities and policies to move forward for the session um but it will be interesting in finance and Taxation how the uh amendments three which you brought up in five um depending what happens with those on the November election if those pivot any of our discussions in November and that's all I have on to standing reports philage attorney no report Madam May other than it's nice to see you all this evening all Village manager uh in celebration of government week uh which I think I know we had a proclamation that uh we're going to read into the record or we did read into the record uh October 22nd we'll be hosting a youth event here with in cooperation with um Wendy link and the supervisor of elections and we're going to teach kids about the election process I think I think there's going to be some sample uh ballots and something that Lori thought was a was a would be a great uh opportunity for the kids so looking forward to that um the council chambers will be set up for early voting and early voting will start October 21st through November 3rd from 7:00 a.m. to 7:00 p.m. um the milling and Paving of country club uh has been completed I know that was a very long and uh we'll say tiresome process um the contractor taking care of some minor punch list so there's some minor things need to be done um I think the public work staff will be installing new street signs um and stop signs in November the next phase of the road improvements will be planned uh are going to be planned after January hopefully the weather will hold a little better um and get through the holiday season um and I know marre will probably touch on this but we were able to complete our lead and copper inventory does look like it's connected we'll be able to um we finished our Leen copper inventory and we have no uh no uh certified no copper lines in in our system so that was a good thing for the village because I know there's several things floating around the Nation about about that so um and you know I know that Rick touched a little bit on during his invocation but you know just very proud of our our village staff you know I've been through a couple hurricanes and it just seems like I just impressed with with our staff more and more every time just just the you know the sacrifices that our sta it's Brad hey Brad we can hear you you did I just told her how how'd you hear me talk can you turn the volume off oh okay can hear Lor too a little bit so can you guys hear me in at the yes can you hear us yes okay so they can hear technology okay so just you know uh kind of lost where I was but just very proud proud of our staff I think you know you know being around the group you know I never sees to amaze me you know everybody sees the police in fire you know but you know those sacrifices they make to be away from their family I mean our water plant guys our Public Works I mean there's just a number of staff that people don't even see that are you know sacrificing their time with their family in a time where you know I know like my family very worried about what's going to happen so you know just appreciate those and I you know looking out for our residents so just wanted to highlight you know that one one last time hopefully no more this this year so and then we will be uh submitting reimbursement for staff time costs associated with hurricane Milton um you know I know that the state has declared uh Milton um for FEMA reimbursement or and the feds have as well um have if if if you can have Lori MC Williams call me uh I'll have her call Lori Brandon on the phone on her desk Brad we can hear you in the chambers was he talking to you I don't know I've got to go find more sorry everyone so so we will be submitting a reimbursement I know there's some debate already that about going on whether it was a hurricane or tornado that caused damage and so uh there'll be some discussion at the state level about that reimbursement so if if they they claim as a hurricane we will not I forget the difference but we may not the county may not be eligible for reimbursement because it may not met the $6 million threshold for the hurricane however the tornadoes cost $6 Million worth of damage so there's some language discussion already going on that you know that we'll see how that plays out so either way you know we have those costs so with that you have my report thank you any questions or comments from the manager no no okay right moving on Police Department even mayor vice mayor council vill manager Village attorney clerk I don't know if I should do my report or have Brad do it since he's listening to us don't interrupt me Brad uh you have my report in front of you uh just a couple highlights I wanted we had a couple of rals with a couple of residents a couple of uh car seat installations uh fingerprints as well uh the usual meetings we sent Sergeant Matt M to line supervision and Corporal rir to death investigations Chief if you could hold on one second do we need to take a pause to figure out the technology in the meeting it's a little distracting and I know I can't even hear Chief so we we can pause it's okay the buttons don't work well now we Elevate our music hear chief don't worry we're just not okay you can start over thank you hi I'm Chief Gus M start it again we had a National Night Out uh two fighs going went very well we had our explorers out there who did a phenomenal job they did uh they did awesome very proud of them they're doing a lot of things out there uh we also had Lieutenant Kurt blanc's promotion officially became Lieutenant yesterday we're very proud of Kurt and all the great work and before this meeting I spoke to the manager I'm glad to announce that we just received a $30,000 grant for traffic enforcement and safety initiative through the Florida Department of Transportation that's my thank you any questions comments no no thank you thank you fire department uh good evening mayor vice mayor V Council Village attorney Village Clerk and the manager when he when he comes back uh I thought this report was going to be real easy but obviously lots of things have changed since we wrote this so I'm going to hit the highlights and we're going to move into basically the storm a little bit uh we did get the MDA boot Drive done so shout out to our guys here in the in the audience tonight for basically supporting MDA as you guys do a fantastic job uh of course we uh also had our 911 Rememberance ceremony in the last month and again I appreciate everybody that came attended uh attended that event and um obviously it means a lot to the fire department that we have a good turnout for that uh we did some training and I think you have some pictures of that again I'm going to kind of skip through that today we did a badge pinning for two of our firefighters um our last two that were on probation so those two guys come off that's Mark Fishman and Joseph hovin and that means that really for the first time in a long time the fire department doesn't have anybody that's on probation we do still have some driver training to go and I think we still got a year and a half or so on that uh but the department is in a very strong position Personnel wise and U that's just one of those things I'm happy to announce next week we have a Palm Beach State Fire College coming in they're going to teach command and control to all three shifts and they're that's part one and then in part two they're going to go over that the the following week and all this is leading up to a a live fire training in November uh with Palm Beach County fire our rescue so we continue to kind of progress with our training programs in the way we coordinate with palm be State and way we coordinate with Palm Beach County so again it's another one of those things I feel puts us in a strong position going forward we're training not only our our younger firefighters and our drivers but our officers and we're developing the Future Leaders of of our apartment so I'm going to remind everybody that on November 9th we'll be doing our chili cook off and we want to see everybody in attendance and and uh we have to win not sure who's doing the cooking but we need to win another one um obviously it's a great thing that we do you know a big fundraiser that we do and I think this year has a chance to be maybe bigger than ever so come out and support us now as I alluded to everything kind of changed for us with hurricane Milton um if you if you look at my notes Here we don't we don't even mention it because this was written on September 27th and of course Milton spun up a little late got our attention and as usual as we start to put out these reminders to staff and these bulletins to staff all of our department heads have been through this this before many many times so they jump right in and they do what department heads do they take care of their own hurricane action plans they started getting everything ready to go it really kind of came down to the last couple of days and I'll be honest with you the story changed quite a bit from two days prior to day prior to the day of and I think for us what it looked like was initially a rain event we might have some flooding to eventually well the the rain predictions kep getting reduced kept getting reduced to by the last day they were saying 1 to 3 in we're not going to get rain this is going to be primarily a wind event when looking at the wind event we were still only looking at 40 to 45 50 miles per hour sustained is just a little over you know tropical storm force winds and also just a hair over what we typically use as a go no go for fire rescue so in my mind it was going to be about that last part go noo and also in my mind it was probably never going to be a noo I felt for sure our firefighters were going to be on the street in 40 m hour winds doing what they do down power lines fire alarms fires whatever comes our way so the concern initially really was just for up Staffing we really weren't thinking about EOC last minute I said you know what let's roll with the EOC so that brought in additional staff to do the EOC which is actually relatively fortunate that we did it that way because as everybody here knows this turned out to be a tornado event not so much a tropical storm 40 m hour thing that's what we experienced here but we were very very lucky we were very close the tornado that spun up out in uh Jupiter Farms moved Northeast crossed fairly close to the country club I I'd say a mile estimate and ended up going through JD State Park and up in the Martin County so just a mile and I think it's a completely different different program we're talking about here tonight we'd be talking about multiple homes probably damaged destroyed significant damage we'd be talking about deploying all of our resources to the country club we'd be talking about bringing in strike teams to support us whether those are engines ambulances or usar teams we'd be talking about Staffing the EOC probably still today it would be a different different ball game so we consider ourselves lucky but I do want the council and the and the citizens here tonight I know we were very prepared we did reach out we were talking to Palm Beach County Mar County and Jupiter Jupiter Inland colony and all of our allies that we have out there and we were ready to go and fortunately it didn't happen to us um going forward one thing I have done U since the storm is I reached out to Sally W who is the emergency manager for Martin County and we're going to try to take a team up to their uh their podt and as you guys know we signed off an agreement to potentially operate a pot here in Desta at St Jude's church so we're going to go up and see their operation I'm going to quite frankly steal their IAP and anything else they have on on that so that better serves our staff in the future being able to see the actual operation so we're still working it even though we're no longer in a declaration and that's uh believe that'll be my report un unless there's a question thank you Council any comments or questions thank you chiefting the OC good thank you thank you utilities War C utilities director um and as the manager Allan mentioned we got all of our lead and copper rule revision documents all of our inventory in on time we actually got it in early um thank you for your support at the last council meeting and uh being able to get a little extra help getting the inventory assistance and um we know we were one of the first out of actually the first out of U some of the smaller utilities I'm waiting to hear about uh there are still quite a few utilities that are still working on getting their inventories done um and as you probably know if you don't have your inventories done then you must send out a letter to your residents to let them know that they may have a lead service line and that is something that we did not want to do that was not an option to me um so um just to hit the highlights we have for the vulnerability assessment we have submitted all of the documents to D they are reviewing all of them um there are a few items they are still reviewing we expect to have that done within the next month um and we have submitted for reimbursement for that uh Grant which will be $145,000 um do ditch we are just waiting for the US fish and wildlife um permit and then we will be able to bid that out um water treatment plant projects as I mentioned last time um we have the we got um the srf Grant I mean Grant loan low interest loan and on the agenda today we'll be asking uh we have a resolution asking permission to allow the mayor to sign um for the uh loan documents and um we will recommend that we uh the the the loan itself is not enough to cover the entire uh amount and for that differential to be able to take that amount from the reserves um so the reason I mentioning that is because you have your handy dandy dashboard and this dashboard is at the time of at the end of the year so you can see an entire year and if you look at the revenues you can see that we actually were able to um we made a little bit more than we even projected part of that was due to Martin or SMU uh the interconnect being open um and when it doesn't rain then we tend to S settle the a little bit more water so um we do have we did make a little bit more than we expected to um so um also in the the pictures here we have a new employee uh Edinson and he ALS he already was able to fix one of our um uh generators right before the uh hurricane was coming and um please keep an eye out for some pink hydrants there everybody's I've already noticed a few myself and um we're getting nearer and nearer to completing the uh water main number four so with that do you have any questions thank you Marie I mean Council any comments questions thank you no I see you're first this time though good job I'm sorry you're first up this time in the meeting good job on thank thank you not thank you thank you margorie okay on to the regular agenda under old business item number 12 ordinance number 0 1-24 second reading of our overlay districts and bear with me Madam mayor this is a doozy I think heith left me with so I'll try to read it as quickly as I can for you um but as you said it's ordinance number 01- 24 an ordinance of the Village Council of the village of quest of Florida amending the village code of ordinances at chapter 78 zoning to adopt new overlay zoning that Implement certain recommendations contained in the October 2022 Village at Thea commercial Corridor master plan as prepared by the Treasure Coast Regional planning Council and adopted by The Village Council on November 10 2022 specifically amending the following sections 78-40 space 78-96 discontinuance of non-conforming uses by adding language to explain the continuation of non performing uses in an overlay Zone 78- 176 C1 neighborhood commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 78-77 C2 Community commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 78- 178 C3 General commercial District by adding permitted and special exception use regulations applicable to Overlay zoning section 78-80 mu mixed use District by adding permitted and special exception use regulations applicable to Overlay zoning and resolving any conflict between mu 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 78204 adopting section 78201 to Quest to drive overlay creating 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 78-22 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 wavers resolving any conflict between General regulations and overlay zoning regulations in favor of overlay zoning regulations also adopting section 78- 203 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 78- 204 waivers to provide a process for obtain obtaining excuse me waivers from The Village Council from certain certain overlay District requirements providing for an application and providing criteria for the granting of a waiver providing that each and every other section and subsection of chapter 78 zoning shall remain in full force and effect as previously adopted providing a conflicts Clause a severability clause authority to codify providing an effective data and for other purposes thank you sorry about that thank you right Jay you have a quick presentation tonight hold on uh Jay hup community development director um yeah I really don't have anything to present I think we've kind of discussed this ad nauseum um there is one um thing that I do need to call to your attention um when we were updating the waiver codes um based on your recommendations there was a kind of a cross reference to waivers and the one of the definitions for dwelling unit um when I was updating the code I forgot to strike that so um would advise that if you're going to continue voting the way you voted last time to strike the definition of dwelling unit um from from the proposed ordinance um otherwise that's all I've got uh just for clarity strike the whole definition of dwelling unit or just that last sentence just just the the addition um of the underlining language the the non-underlined language was was existing code so that that should stay so it's page four and five of the ordinance starts on page four and rolls over to page five thank you Jay Council open it for a discussion I had so first question if it's just a definition change that we talking we have to reverse now back to First reading because it's a change or because it's only a definition no you could proceed on second reading tonight because that is a change that's consistent with your previous action that's for to proceed on second reading tonight understand thank you and second question my assumption it is verbatim because is the second reading uh came off my page but payment L of open space that was current in the first from the first reading I just want to confirm that as verbatim y okay okay that's it thank you I don't have like I have a question what was the part of the dwelling unit definition is it just the underline portion the dou yeah because that was tied to that waiver where you could get a half count a half unit um oh okay I got you all right now I'm good I agree I have nothing I have nothing either right any public comment can I get a motion so moves do she want I guess hold on council member Brand's on the phone I was not aware laori you have any comments prior to the vote no sir do we have to make the motion with the reference to the dwelling unit revision or is that the motion should include stri in that that last sentence there on the bottom of page four and top of page five even though the ordinance doesn't change yes so the motion would be to adopt the ordinance on second reading with the strike that's been talked about tonight to the uh last sentence on page four on top of page five for dwelling unit so should there be a motion to approve it would just be with that strike understand uh make motion um real quick I I close public comment I do believe there is one um someone that would like to comment are you guys okay with allowing her up okay we'll make an exception no that if you could come up and state your name and address sure and minor um 478 Dober Road just quick question um to understand that providing for payment in lie of certain open space requirements does that mean things like people can just you know acquire we're allowing more acquisition of formerly park space going forward is that the idea it has nothing to do with uh park space is that your only question and if so then I can have Jay answer that real quick yes okay so if you want to take your seat Jay can answer so the new code when when people are doing um commercial developments they have to provide um public space at their developments in some instances they can um request to make a payment to the village in lie of providing the public space on their property but they're not there's nothing about losing park space within the village okay thank you all right so can we get a motion okay I make a motion to approve ordinance number 0-24 uh with the adjustments mention earlier of the dwelling unit definition Second all in favor I I ior Lori you have your vote I 5 thank you okay J I'm 13 ordinance number0 2-24 second reading which is to update our zoning maps to comply with the overlay zoning ordinance thank you as you said Madame mayor this is ordinance number 0224 an ordinance of the Village Council of The Village at the quest of Florida of creating three new overlay zones within and over the village of Thea's commercial corridors the Desta Drive overlay the US One Highway excuse me the US Highway One overlay and the Village Center overlay providing for the adoption of said overlay zones and their applicability to properties located in the underlying portions of the se1 C2 C3 and mu zoning districts providing that the zoning map of The Village at the quest to be amended to reflect the adoption and applicability of each overlay Zone providing a conflict clause and severability Clause providing an effective dat and for other purposes thank you right Jay do you have anything for this one uh no no nothing further to add so this is just codifying the the uh zoning overlays within our zoning Maps thank you Council any discussion what does it require the same matching motion to the prior striking the definition no doesn't have that in there right any public comment okay can I get a motion so move second all in favor I I was that a yes or no yes yes thank you right on a new business agenda item 14 consider approval of aou with Jupiter Inlet Narrows Conservation Alliance um in partnership with fdp's Coastal partnership in initiative grant program and are is this are we discussing this one tonight I know there's been changes since um we have put this on the agenda no it's it's still moving forward okay um so drup um dup Narrows Conservation Alliance is trying to apply for a D Coastal partnership initiative grant program um however the applicant actually has to be a municipal entity so they would not be able to apply for this grant so they came to the Village you know to be a partner with him on it where we would be the actual co- applicant with him however um midy and I and Keith crafted a memorium of understanding where they're actually going to be providing all of the funding for for the the grant all of the grant writing and all the grant monitoring so essentially we're we're just kind of a partner in name with them and we'll help out when we can but for the most part they're going to be steering the ship on on this Grant and providing all the funding and of course down the road there may be opportunities for the council to to partner with them on other projects or you know chip in on some things but this was kind of a a last minute Grant so we're not asking for any kind of financial contribution or staff contribution for the grant midy and I are happy to answer any questions so the second part of that and I know I've talked to the council a little bit so when they when they do get to the point where they're going to pay for the portion of the grant that the municipality is responsible for they'll come to Council and give a donation to the council as part of our donation policy the council would accept that donation and be earmarked specifically for the cause and then it would turn around be used to fund that Grant the matching part of that Grant so I think we have a good process in place and I think it's obviously it's a good project so great okay council with those clarifications I have no questions no questions I have none I have none either all right any public comment can I get a motion so moved second all in favor I I right thank you Jay agenda item 15 approval of the 2024 2027 v i a collective bargaining agreement okay good evening mayor vice mayor council on behalf of the negotiating team we bring before you this evening the 2024 to 2027 I contract for your approval the I team was led by attorney Mark Floyd and tester rips Jason faucet Andre dad R Ron selli and Zack wicker working with Council the management team included Village manager Allan uh attorney Wayne hsby the finance director Jeff Snider and myself the HR Director I forgot to introduce myself I'm merlen Reed the HR Director and risk manager okay uh you have before you the memo that was uh produced for this we started negotiations back in April 2024 and we reached an agreement and and the member ratification we received it was added to your packet uh this week um uh the Highlight I just want to touch on a few highlights of the pay plan and by the way the manager wants to say a few words afterwards and if the union is here in full force of members of the if so they may want to say a few words as well but the highlights for us um the pay plan there are pay increases of 115 and five meaning that's over the three years 11 first then five then um the 5% there's also a 3% step annually so we're looking at at a total package of 148 and 8 over 3 years the estimated cost is broken down at the bottom of the page you will see we have the current year then 2024 25 25 26 and 26 27 um one of the major things I came here 18 and a half years ago and we had what was called a carrier development plan that was previously linked to Education and Training for advancement within the firefighter the firefighter medic and the lieutenant Lieutenant medic jobs uh that has been disbanded but however uh the chief worked out and it's in the contract a way to ensure that the skills are still maintained the skills that the essential skills that we're looking for that is now written into the contract there were various increases uh or addition to the assignment pay to include water rescue EMS Logistics we had a new dive team coordinator uh narcotics officer and field training off officer added as well um similarly firefighters and uh lieutenants temporarily this is new assigned to work in a higher classification will receive a 5% um after working six will receive 5% after working six or more hours in a higher position incentive pay also increased uh there were two reopener and one is a pension reopener in 2025 26 the final year of the contract not to be open later than April earlier sorry not to be open earlier than April 1 2026 and finally there is uh this article 49 substance abuse policy and testing we have a marijuana reopener should recreational marijuana use become legal in Florida if anybody has any questions the entire team is here and we can answer those questions thank you Jeremy do you want to so so the difference because we didn't really get too much into the weeds with this the difference between this last year's Personnel budget and this years is a $411,000 difference uh we did have a placeholder in the budget but um with this with this agreement we will need to come back with a budget amendment um mid year of $261,000 um and and some of that will be still be worked out but estimated 261,000 but um I think you you know at the end of the day I think you know we have very highly skilled firefighters that uh you know love our community I think this is a great deal for hopefully they believe that too for the village to you know maintain and recruit you know good qualified firefighters so thank you they you right Council any open it for discussion no other than thank you for all your hard work it was a long um long process so thank you to everybody involved hey thank you marene for leading this uh I've been involved in dozens of negotiations and government uh contracts and this was an extremely professional and efficient process from um the union side The Village manager yourself the human resource director uh and Council as well it really was um uh great for me to to see this in my my hometown just the efficiency was was unmatched um and the way everybody treated each other during the entire process um was was phenomenal thank you I agree with everything that's been said so far and and I just want to remind everybody that um in March of 2023 uh there was a charter amendment that said that 96% of our voters in the village of Testa wanted to keep our police and fire independent and part of that and doing that and keeping them happy is making sure that we retain the great talent that we have we continue to train and this contract is just one of those things that it takes and um you know we'll we'll make do and the village will continue to grow and our fire department and all of our First Responders will continue to be the best that we have out there so I'm totally in support of this I just second what everyone else said it's um you guys everyone did a great job and it's a very professional process every contract I've been through has been professional I think this is the best outcome um that you know it works for everyone everyone's happy and so just really thank you for everyone's work thank you um I think um Jason wanted to say a few words as well good evening everybody um yeah I just want to actually going to say a lot of the same things that have already been said um I started you know none of this is fun this process isn't fun um we sit on two separate sides of the table and we you know we want the same thing we want what's best for the village and how do we get there you know so we have what's important is we get there with the relationships that we've you know grown up here the manager moving behind me um and we uh the words I was talking about which have been repeated up here as well is uh we want to recruit the best and retain the best and I can say in my 20 years of working here my Nish years I think as a union president this was a a really a groundbreaking uh contract for us um it got voted in unanimous uh unanimously um and that's because of your hard work our hard work um we appreciate it um I don't know if you know I got my new guys that came and sat through it all and you know uh did it with me but um we just appreciate it and look forward to it in three years I said you know maybe if I'm still doing it but uh but thank you guys and uh we'll see you soon thank you thank and the last thing that I'll add is that we are recommending this takes effect as I know we've always talk about not retro active but we we do recommend this takes effect as of the 11th because in theory we would have u considered this on the 10th of last week but due to Hurricane Mill we cancel the meeting so um everything if if approved we would uh start on at 12:00 a.m. on the 11th if if approved that's what we're recommending does that need to be stated in the motion or I think it'd be good just just for the just for the record okay all right and any public comment all right can I get a motion motion to approve what was the Retro date yeah the 11th uh October 11th motion to approve with the retroactive date of October 11th of 2024 second all in favor I I I hey agenda item 16 ordinance number Co for bulkheads seaw walls and living shorelines thank you madam mayor I'll read this one by title if I may it's as you said ordinance number 0824 in ordinance of the Village Council of the village of the quest of Florida amending chapter 76 Waterway control creating an entirely new article 4 entitled bulkheads and seaw walls and an entirely new article 5 entitled fill permits which new articles are intended to limit the use of bulkheads and seaw walls in favor of promoting living shorelines and regulate the use of Phill waterw of adjacent property lines providing the each and every other section and subsection section of chapter 76 Waterway control shall remain in full force and effect as previously adopted providing a conflix clause a severability clause an authority to codify providing an effective dat and for other purposes thank you Jay Jay H again community development director Jeremy can you pull my power point up please thank you should thank you sir all right so we're here to talk about living shorelines um this is something you guys have actually workshopped before um dating back to May of 2023 with Joe Chason the executive director of the juper Inlet District um at that time and at that Workshop Council directed staff to draft living shorelines code that's to to what the town of Jupiter has adopted a few years ago so um we've actually continued workshopping draft code concepts with the EAC back in December of 2023 um and then also with Council in January of 2024 so I think all of you would have seen a a longer version of this presentation except councilman French apologize you probably missed a few little technical things that were in that one um but since then we've further refined the code we held an additional workshop with EAC in July 2024 then took it to the local planning agency this summer for review and recommendation they gave a 5 recommendation in favor with a few conditions that which you'll see um so talking about living shorelines um they really can benefit in a lot of ways um they proove stability and and reduce erosion um it's a sustainable option of traditional seaw walls if designed properly and if they're actually used and put in front of seaw walls they can extend the life of existing seaw walls quite a bit um they provide habitat for fish and other animals which promote better fishing and ecotourism um improve water Clarity and filter storm water runoff they create feeding areas for waiting birds and encourage better sea grass growth and reduce sediments in water so it's really in line with a lot of the things that we we you know value in the loah hatchee and the inter Coastal so here's kind of an example of some living shorelines the one on the left is is no living shorelines at all it's just a hardened um seaw wall the one in the middle is kind of a partial living Shoreline with rip wraps and mangroves um and then on the right that's a just a full-on living Shoreline with with no seaw wall and and just mangroves with maybe some rip wrap behind it um so our code you know while I was looking at Living shorelines I also um kind of did a deep dive into our code and had some conversations with our building official and um we also noticed that we don't have any regulations regarding bulkheads and seaw walls or the placement of Phil water Ro property lines anywhere in the village um so it's difficult for a building department to regulate construction of bulkheads and seaw walls without defined regulations um here so Wayne I'm sure could give some examples of of some challenges that that that leads to um so we think that'll help help there um as I said earlier in 2015 the town of Jupiter adopted new regulations that required living shorelines to be installed um you know one important thing to remember with the Jupiter code and with the code that we're proposing today it's not requiring anyone to come in and put mangroves in or wrap in on an existing bulkhead or seaw wall it's only needed when you're repairing making a significant repair or replacing an existing seaw wall or constructing a new seaw wall um additionally in 2019 the village of North Palm Beach underwent an extensive rewrite of its bulkhead and seaw wall code with the assistance of a coastal engineer um which is a guy named Alan Garg um that was while I was working there um and I used a lot of the the findings that he did to kind of incorporate it into this and and honestly probably save the village the the need to pay for a coastal engineer to come in and and do all these things he did a really good job in North Palm Beach so uh what we did is we we used the Jupiter's living shorelanes code and North Palm Beach bulkhead and Phil permit code as kind of a inspiration Baseline clean some things up where needed um our code is pretty similar to Jupiter's except that um our code actually says that um you can't convert a natural Shoreline to a bulkhead Shoreline without a zoning variance um we actually are have an existing comprehensive plan provision in place that that says that but it's it's not codified and it's written to be a little ambiguous um at one of the EAC meetings Vice chair Tom Bradford pointed out that that really most things that you're going to see in the draft code is a good example of putting things into a comp plan into the actual code so there's a lot of aspirational things and policies and goals related to this in the comp plan but there's really nothing supporting it in the code so what we've done is Tred to codify it to make it kind of easy to to um put into practice uh so here's you know a picture that shows you know Testa and Jupiter as you see we we really share quite a bit of the same um you the lockah hatchee so you know kind of makes sense to to mirror and and and be similar to what they're doing and in our case we're you know taking it up maybe a notch here's a an old uh 20 from 2013 it's a shoreline assessment it's an estimate of of how much of the village and and the locks is um bulkheaded rock and natural um so still about 30 35% is is rock and natural and about 65% is bulkheaded that we shouldn't be hardening shorelines um so we put this into practice and um in the code at the bottom that says properties with natural Shoreline shall attempt to utilize living shorelines techniques to stabilize the shoreline in Li of armoring the shoreline with a bulkhead or seaw wall so if you have a natural good news on that though is there's special criteria for variances case and a legitimate gripe they they would be able to obtain that zoning variance but they'd have to provide some proof um you know ideally through a coastal engineer that that that kind of demonstrates why or how their property is Disturbed and why they need to harden their Shoreline um issue number two is establishing Seawall and bulkhead setbacks as I said we don't have any right now um so what we did as we said that when sea seaw walls and bulkheads are being repaired where the cost is more than 50% of the replacement cost they shall meet these new standards that's kind of a standard non-conforming um percentage there and in throughout the building construction World um so the new code says that new seaw walls and bulkheads cannot be constructed beyond the rear property line but an existing seaw wall may be reconstructed 18 in water s side of the property and that's because that 18 in because it it it also ensures that people aren't approaching well out into the Waterway um which people will try and do they'll try and extend their property line and make their yard bigger and the next thing you know the canals are more in nrow and people are having a difficult time navigating so it's good to have that in place um and it also says that seaw wall cap shall extend no further than three feet from the wet face of the bulkhead and also kind of a standard provision um and that's good for aesthetic reasons and I think people tend to like to have have the bulkhead I mean the seaw wall cap you know thin out a little bit uh another thing that we that we um added that um we took from the North Palm code was establishing seaw wall and bul head height um in in um the North Palm code they really looked at um future sea level rise and um you know created minimum and maximum um seaw wall and bulkhead Heights um here's a few different comprehensive plan Provisions that that kind of relate to that that say that we should be doing things to increase Community resiliency from impacts of sea level rise and um you know utilize best practices to reduce risk of flooding um so in 2019 as I said North Palm staff they've evaluated King uh king tide level data and sea level rise projections from the southeast Florida climate change compact to establish appropriate minimum and maximum seaw wall Heights so properties that are in the X and X500 flood zones which is really not a true flood zone you're not you don't have to have mandatory flood insurance if you're in those um floods flood zones um those have a minimum seaw wall cap height of 4 feet um but they can go up to 4 and 1/2 ft so um we establish a minimum which will be good to to ensure that they're um appropriately hardened for potential sea level rise um but then 4 and 1/2 ft you don't want it you don't want them to be too tall so that they're you know unsightly however properties in the AE Zone which is an actual special flood Hazard area can have them uh six inches higher so those can be up to 5 feet um and that was kind of based on what the North Palm Coastal engineer wanted to do um and thought was kind of an appropriate um maximum height that would allow people the Harden for um potential sea level rise but not be too too high um issue number four is compatibility between properties um you know Wayne and I both came from North Palm where there's a ton of water and a ton of seaw wall construction going on um so he and I have seen this quite a bit where you have um kind of compatibility issues between properties some them comes in and they build a seaw wall that's you know elevation higher than their the neighboring property and they can have negative impacts on them so um we we took the provision that's in the North Palm code that says that um they should have a a properly finished appearance that's equivalent to or better than concrete stucco we had seen some instances where you know the the water-facing side of the seaw wall cap was beautiful and then the side that the neighbors saw on their property was hideous looking so this ensures that they'll have to put quality material from on the neighbor side of the property too um there's also um in this case they'd also have to provide a drainage plan that demonstrates there will be no you know sheet flow and and erosion issues related um Wayne has dealt with this quite a bit so he would you know essentially look at that just make sure that there aren't any extremely negative impacts happening on the neighbor's property if they're different elevations so the issue number five is how do we create living shorelines so on the the left those are kind of just you know rip wrap in front of a seaw wall on the right you've got you know kind of combination of rip wrap Mangrove and seaw wall so um we've got a few things in our in our Co in our comp plan that you know talks about water quality and um you know best management practices to reduce water pollution and water quality there's four of them there I don't have to go through all of them um you know although one of them is um you know by actively participating in echine wallet water policies throughout lockah hatching Indian River Lagoon so of course if Jupiter has already done this you know it's kind of an interg governmental cooperation to to kind of do what they're doing so how do we create living shorelines and how do Jupiter create or proposed to kind of create new living shorelines so when a new bulk or seaw wall is constructed or when an existing one is replaced 100% of the Buller seaw wall should be faced with rip wrap or mangroves and this excludes a dock or pure portion um that it would extend off the property line however and this is where it's can get a little confusing and complicated so I'll I'll go slow on this one the the E EAC and pzb had a tough time with it only 10% of that has to be a establish mangroves so so you'd have 100% rip wrap but only 10% of it is mangroves um and you know the idea and the goal would be that the 10% would expand and grow over time but but but at the start it's 10% um there obviously has to be kind of established grow time so um two years after that two years after the final inspection of the bulkhead um we would then do uh an inspection of the property um and if less than 10% is comprised of mangr if they didn't meet that 10% threshold then they actually have to plant 20% of it with mangroves so it's kind of a punitive thing like hey if you don't get to 10% you've got to come in and do 20 um we do have uh good good thing that's in the Jupiter code is a shoreline exemption map so if you're in a canal um you're exempt from installing the rip wrapping mangroves they're they're narrow there's not enough room to really do this um and a lot of them have their their um boats are essentially you know anchored parallel to the shore so so you really can't even do that um another provision in the Jupiter code that's good is it says that where're rip wrapper M grow will disturb seagrasses or when another jurisdictional agency like DP Army Corps denies a permit the rip wrapper mangoes are not required so DP and army Corp can kind of supersede us with their jurisdiction we can't really require um things to be put in if if they're denying a permit um here's the proposed Shoreline exemption map so you see we have a few um yellow those are those are our canals that would be exempt from this again too narrow to to Really participate um issue number six is revetment so this is pretty similar to to um the the bulkhead section so if you are um replace you can replace a revetment with a revetment but if you want to harden a revetment and take the revetment to become a bullcat or seaw wall you again have to go to the Planning and Zoning Board to get a zoning variance and meet those criteria that I showed earlier um but uh there you go number seven is the fill permit process this is another thing that was not in our our um our code it was not talked about when I workshopped this with you all before but basically it's an issue that Wayne and I had run into in North Palm Beach as well which is um fill permits um preventing people from from bringing fill to a property and extending their property line we had it in in the urman river in North Palm a few times where people um you can get these things called geotube you can you can um f fill up um they can come and just fill up um dirt from the sea the the the ground and then put the geot tubes on the shoreline and extend the property line and we had a few code enforcement actions there and fortunately we had a fill permit code so we were able to take these people to our our um special magistrate for for code violations but here we don't really have any anything preventing us from um keeping people from putting fill under their property so um we do have a few different comp plan policies that kind of back it but nothing in in the code really um so we do have a fill permit process that's in the straft code it says no fill shall be made deposited or maintained in the locks of hatchee any River canals other tidal waters in such a manner that it shall extend beyond the property line um other than the 18-inch seaw wall um thing we talked about earlier or if it's needed to construct or maintain a living Shoreline like mangroves a rip rra um The Fill permit process it's it's really meant to be difficult um because you can you can um somebody could come in and put Phil on an adjacent property and it could really impact uh the neighbors so it U because of that it goes or it's proposed to go to Village Council that's how it also was in North Palm Beach um there's public notice required you have to send letters to the neighbors we had this in North Palm Beach where um someone was proposed to do one they had to send the public letters out and the neighbors all came out and said we don't want our neighbors to do do this and it got denied um so it's really kind of meant to be a difficult to to bring Phill in and ex extend your property so um onto the LPA the lpa's recommendations were um voting 5 days Z to recommend approval with the following conditions um in section 76 343 modify the one-year monitoring period extension to two six-month extensions so um I mentioned that 10% requirement for mangroves um if they're not established um staff can actually the way it's written can grant a one-year extension the LPA wanted that to be two six-month extensions um the LPA also wanted to clarify what the definition of a disturbed Shoreline is and when a zoning variance is requested when someone's trying to harden a A revetment or a living Shore natural Shoreline they wanted the building official and Community Development director to indicate whether whether or not they agree if the shoreline is Disturbed and you know should should actually be hardened number three um to ensure that the total cost of repairs estimate for bulkheads is based off of linear feet and that the community development director would maintain the cost of a bulkhead repair so as I said when the cost of um repair of a seaw wall is more than 50% of the replacement cost it's cons no longer considered repair you'd have to come in compliance with our living shorelines code and they wanted us to to kind of maintain um an estimate of the cost so that we could kind of truce what people are proposing some people might try and get around doing that um and so yeah we think that's a a good addition um the fourth one is add a provision in the fill permit section allowing for emergency approval of fill to stabilize natural shorelines or mangroves in the event of a storm event um also think that's a good suggestion if there's a hurricane um we wouldn't want someone have to wait for Village Council approval to to stabilize something and um that's my presentation happy to answer any questions Wayne is here as well to answer technical construction questions thank you Jay Council open it for discussion just a quick question that you probably covered and I may have missed it but so this would any existing bulkheads in place that are not um do not have to be replaced or otherwise need work those are grandfathered in essentially until the point where they would have to do any type of work to it at which case this would apply exactly okay and the EAC well I mean while we're talking about that the EAC did have a really good idea to to find a way to actually incentivize people to to do that kind of like our planting trees and RightWay program so I think the EC is going to explore how we can just encourage people to come in and voluntarily do that but um but yeah no I I think this is great and I appreciate all the hard work you guys have done and be interesting to see what our shorelines look like in 10 years we'll see so I uh as you mentioned before I wasn't during the initial meeting so I'm kind of playing catch up an education meeting with the people and uh educating myself as well what was rip wrap you know not a word that i' I've heard before um so it it was good listening to some EAC meetings and being educated there uh I think the idea is great I um hesitant here and if you can clarify for me I like to limit any as much government involvement as possible into Property Owners backyards and it feels a little bit that we're not giving them an option um to produce bulkheads if they choose to um on new property or like you said over 50% and so that caused a little bit of concern for me just on property owner rights and then also with our recent floods um so my initial is that uh I'd be against that part requiring the living Shoreline for those new properties my question is more how can we incentivize people to move towards that because we're not only telling them what to do in their property we're also telling them they have to pay for it um is there a prog program out there what was the eac's incentives um ideas on maybe pushing people in that direction instead of mandating uh you know what type of construction they're going to have to use back there sure yeah I mean their idea was was more of a like I said kind of like the adopt a tree program where where the village would you know have a pot of money yearly I don't know what that number is but we'd have a pot of money and where we would maybe do a 50-50 match or 100% match and where people would um essentially come to the village and say hey I'd like to I'd like to put mangroves in in front of my property um you know let's do a cost share or you know something like that understand okay and is there anything out there grants or you know expedited permitting permit fee waivers anything like that that would be similar and pushing people in that direction not only new construction but just like uh council members uh painter said already having bulkheads there maybe pushing them in that direction because you could have po you know bulkhead rip wrap Mangrove you know you don't have to be necessarily under construction or repairing it sure so that's an idea that we could if if the council wanted to we could craft something like that where they get um you know if they were repairing a seaw wall or putting in a new seaall um the council could give you know a t or a uh a permitting um reduction for the to kind of offset the installation of the mangroves but I don't I don't think Wayne ever likes to give up his permit money so I hate I hate to even toss that out there okay and my last question here so I'm just reviewing my my notes over a a long period of time so your slide 65% is currently bulkhead is there a specific reason while Property Owners choose bulkhead over already just doing you know some do have rip Rip r and and I've seen it or you're boating around U and you see the differences is there a reason someone chooses bulkhead instead or is it is it just cost because the majority super majority right is Bulkhead yeah that's a good question I mean I think unfortunately I didn't have some of my educational documents in here I do have a slide I had a slide in there that showed that that live in shorelines can can be the same or or even less expensive than than a bulkhead or seaw wall um so yeah I think it's I think it's a matter of preference um and I think we we as the State of Florida there's also a slide that shows how much of Florida has been armored by um by seaw walls I mean the number in palach County I think we were at 75% in palmach County it it was a a really high number um but I think that was kind of a matter of pref reference historically but I do think that that there is turning into a movement to to go back to the Natural Shor lines um that they can there's some some data and some stuff out there showing that that living shorelines can they can extend the life of a an existing bullcat or seaw wall but that they can even be more resilient in in the course of a storm they can be more resilient to to a sea level rise or storm event and a a bullcat seaw wall which are you know prone to fail and actually and uh if everyone is is bulkheaded and you can you can basically in a in a storm event it turns into uh it's can speed up the the speed of the Waterway right a refraction swell too like refraction yeah so it leads the refraction SW kind of like when you're iding down towards Gardens yeah just going boom boom boom yeah some places are declared is it is it a flood way I think they're it's called a floodway where there's just a lot of of um seaw walls and bulkheads there and the water has nowhere to go so it just it speeds up in a flood of in understand okay thank you all right thank you for this explanation um real quick if I I just want to make sure I captured I take notes um what I gathered is you were potentially against a variance for hardening of existing living Shoreline you didn't want to restrict those people was that your main concern no I think for new new construction as well um I didn't like I didn't doesn't S the right word I'm hesitant to tell Property Owners what they have to put there if it saying you have to put a living Shoreline not saying okay you have the option for bulkhead or living Shoreline um I I like the process more going down we're going to incentivize you because we want you to get to living sh line but you still have that option for new or existing that answer your question um so for new construction you mean someone that has a current living sheline does not have a bulkhead and is going to put in a wants to put in a bulkhead yes so so then we that would be relieving the variance we have in there meaning they would be allowed to do it and it wouldn't go through a variance process like it's currently written if someone has an existing living right does not have a bulkhead wants to put in a bulkhead which is a very small percentage of our um shoreline what was it 20% or something m rev revetments and natural shorelines was about 35% that was in 2013 also so that I'm sure that's changed a little bit since then so you're you don't want to limit someone that currently doesn't have a bulkhead but wants to put one in correct I didn't think of that scenario going through this thought process and asking those questions but correct okay perfect got it um three questions Jay thank you for the presentation um at the beginning I think your first slide had three had illustrations of you know bulkhead partial living Shoreline and a full living Shoreline um if somebody wants to do under chason's example put in a a partial bulkhead with a living Shoreline in front of it with a revetment and mangroves does are they able to do that that middle section without it being a variance I mean yeah someone could come in and do that right now um You can put mangroves in front of your property and r revetment r rip WP in front of their you just have to go through D or Army Corps um to do that currently but if somebody and I guess this ties into the next question if somebody has a a seaw wall in disrepair they want to repair the seaw wall back but put in you know partial have example number two are they able to do that yeah that I mean I almost said it in the presentation but number two is really what we're we're pretty much proposing right so it's it's it's 100% it's supposed to be lined 100% with rip wrap and mangroves um but only 10% of it has to be mangroves so so you'd have seaw Wall 100% rip wrap and you know 10% mangroves that ideally would grow and expand okay um second question the you mentioned a chart that Community Development will maintain when somebody comes in and where does this chart come from is it recognized by the industry as a chart of accurate costs or we'd have to find one um um it's not uncommon for way do you want to jump in on this one we've had situations where people are trying to build um homes and they always want to undervalue the cost of the home for to lower the price building permit I've dealt with this in every city I've ever been a director in so I would always have some sort of document that would truth it and I would be able to say you know hey this million doll house is not a $200,000 house so we could find some sort of industry standard of construction costs and and you know look at it every update it every you know year or two um but I I don't know of like a uniform document that's out there okay and my last question one of the recommendations from LPA was to have the year one but split year two into two six-month segments what does that create seeing that we have a 65% of our waterways have a bulkhead now is that onerous as far as staff time is split it into two six months is that going to be yeah mismanaged and on the applicant too right so um if someone's if we're graning them the extension if they're getting close to having the 10% mangroves um and we feel comfortable granting the extension that means they're generally you know acting in good faith so um you know I don't I don't see the harm in keeping it as is as is as in as in as the one year so right now staff can get extension making doe two six months it's onerous on them it's more time they've got to reach out to us and just worried about this becomes something that you're spending a lot of time on are we proper staff for that we're not going to have a lot of this honestly um you know it's not going to be extremely frequent so we can we can handle it one way or the other okay thank you council member Brandon she's still on no comment other than I do support livine shorelines okay all right um on the I just want to go through the LPA recommendations so we can establish those um so the first one was what you just brought up is I kind I had the same question you know about is is that going to be too much for staff and also the property owners but um I mean bulkhead unless you have some weird failure I mean they can last for 30 plus year so it's not like we're going to be seeing this a lot so I do think if it becomes an issue down the road we could amend it if it's you know not working out but I mean generally is everyone good with with that recommendation the first one number one I was against the I was against the committee recommendation I was for the keep the onee extension so the committee is recom recommending six-month periods two six month exensions which would still be a year so you just want to keep it one year I'll just keep in one I would agree with that I would agree okay that's fine I'm fine with that um the second one which was clarifying the definition of disturbed Shoreline um when a variant is requested that requires a written recommendation from the billing official and Community Development director indicating if they agree if the shoreline is Disturbed um I I think we should add in that the option for Village staff to use a third party consultant or Coastal engineer because I don't know that we're always the expert at that and if I think if they feel the need to do that it should be written in there um if we do if we keep the variance thing in there is that cost covered by the village of the property owner good question Jay Wayne what would you guys recommend on that I mean the property would likely have a coastal engineer opinion regardless but if we feel like we want to get our own I assume it would have to be on us so as the property owner like would appeal the village staff's opinion then in that case they would have to pay for that third party it would be in in the case where so we would likely ask for a coastal Engineers opinion from them and then Wayne and I building official and Community Development director would would evaluate that and if we weren't comfortable with what was in there if it wasn't clear we would feel the need to get a third party in which case we would the way that our we we typically operate is we would we put that cost on them for the third party I agree with that okay so add that language in if we decide to adopt that one um three the estimate um having a chart of the L I think it's by you're going to do B linear foot of wall um I'm in agreement with that but I would want to make sure it covers the kind of standard types of too much to ask and I mean is that is that something you guys think you can manage and find like industry standards for that yeah and we can manage it and and there's a path to appeal any administrative decision we make so if if Wayne or I were out on in left field with with what our numbers were they could appeal it to councel and um challenge our challenge our rendering on on that mangr in the event of a storm can you kind of clarify what they're asking there so the the Phill permit says that you have that you can't bring Phill into to a property waterward of your property line without Village Council approval through the fill permit process um but I think it was it you and so here it is and so here it is so to your point you could you could craft it and say um the the village here yeah subject to so they don't have to come through us but they would still have to get the required DP in Army Corp because they do have an emergency um process as well they can respond or they can turn it around quick enough they have emergency processes I'm I'm not going to comment on how fast they are but they do and I mean at the end of the day we're not approving anything for anything in this ordinance unless the EPN arm report approve it first so so that's what I think we could discuss um on section 7633 um would you you touched on the 18 in from the property line um with the Sewall C another 21 in past that they'd have to get a zoning variance right yeah yeah they wouldn't be able to do that okay because it says it says they can they can extend it only 18 in water side of of the existing property line so if somebody had a seaw wall that was out past the property line it's not 18 in of your existing seaw wall it's 18 in um from your prop beyond the beyond the property L you don't want to go too far um beyond that and still keeping the Conformity with uh the second paragraph below it so pick up item one Pastor property line do they need to provide an easement agreement like someone owns the water at the end of the day it can be federal state uh you know I've seen like South floor Water Management District can own it Army Corps can own it D so like would they have to get an easement agreement from whoever owns the water and sorry they should be getting one um I think we've talked about yeah we've got the the the water theable water we th DP and our arm report they submerged land and ownership of that that's a different conversation I'll take so yeah and typically it's a submerged land lease so it's the property line extends out the riparian lines extend out but typically like he say it's would have to go through the processes that exist now and get a revision to that lease if they already have one right so on top of like the Army core and D permits that's something that they would have to provide here yes okay and is that clear in this ordinance that they would have to provide those documents do we need to clarify that I think it's the way it is okay because it's part we're telling we have to get a permit part of that permit process I telling them this the requirements that you're going to have to do submit okay so we're going to disclose on the permit application process check and if I may add that that's always language that's in the D permit themselves they refer back to the submer land lease so it's it's covered it'll be in there okay and then on the chart that has the um top of cap elevation the new I know those new F Coosa maps are coming out in December well I think they're technically out already maybe but they're official being enforced in December could that change any of this so the the answer is um no uh we understand that we've got the maps coming out what this is referencing is navd88 and that's the the the vertical uh data that's being used so we're thinking about it from the waterers Edge where the map is refered from the property size and the elevation that you're going to be building from so what we're saying is that we just don't want the water uh you build a seaw wall cap to prevent the water from encroaching onto the property and therefore the way it's written right now is correct okay and then if someone wants to go higher than that um and DP and Army Corps approved is that will they um uh do we have anything written in here or elsewhere it throughout our code about um allowable vibration monitoring levels and and any monitoring requirements because depending on what kind of sheet or panel they're installing it can cause quite a bit of vibration that's that's a very good question um I'd like to bring that back under the uh construction site maintenance and that's probably where it's more applicable because it affects a lot a lot of areas in terms of vibrations and Demolition and so on fun and really um interesting fun and really um interesting I know I was just down south and at the mikasuki Arts and Science Symposium where FIU and their Institute of the environment was presenting and a lot of the communi south of Us wish they were in our position where they still had the ability to revert to some sort of a living Shoreline and um I to miss walk I mean they're gorgeous they absolutely look like you have beach in front of you and you can have your kids walk down to the Waterfront you know we were getting scrapes jumping up and down on seaw walls and so to your point um Mr French I think that the seaw w kind of predate the science like it seemed kind of like the safest solution at the time to protect our homes but we really do know now how valuable mangroves are and my only confusion with seeing some of the presentation pictures is I haven't actually seen a living Shoreline that has bulkhead behind it um I know that that's well intended but when I look up Noah's definition or FD FWC all of them have living Shoreline programs down where their kids can be down playing by the water their animals and then there's Mangrove stabilization so um I think it's something very desirable I've only ever heard people talk about it as increasing property value and more of an actual update to things very much the program that we're helping support with the Jupiter nrow conservation and then wanting to put mangroves back in so I think that this we should be like a leader in this as of our already beautiful and valuable Village so um I think we should be excited about it thank you thank you thank you thank you any other public comment any yes ma'am come up and state your name and address for the record okay oh so much for the town meeting you're fine oh my gosh that's embarrassing okay well Mangrove B okay make sure you're okay first no rush no rush at all um oh thank you how embarrassing um the presentation was that um how how long dated is that in other words does that take into account um you know recent um climate change issues because oh my gosh nope you're fine I'm glad you're okay to answer her question um that the sea level um data was from 2019 but it was projected out through the through 2060 or 2070 through the southeast Florida climate change contacts hey my name is Scott Tedford I'm at 134 chapline in taquesta um I just want to quickly say I've been a a biologist in South Florida for many years with Florida state parks and currently a County local County um I commend The Village staff on the their work I'm trying to promote the living shorelines I just want to quickly mention they're extremely important for storm resilience for juvenile fish habitat um therefore for our community and um I know commissioner French you had some really valid questions um I would just encourage you to uh you know take a little Deep dive into some of the benefits to the living shorelines and um I think you see that there it would be really worthwhile I think for our community to adopt those ordinances thank you thank you appreciate that and I I can U I know there was a presentation done through Joe Jason we can I can share that with you and there's some benefits additional benefits that hasn't maybe hasn't been mentioned tonight I can share that okay thank you please and um you can reach out to Joe the Jupiter Inlet District they'll give you a tour of the living Shor lines that um they've done they've been extremely successful which is one of the reasons we brought it here um because and they they have a huge initiative putting in living shorelines and rebuilding our Mangrove islands and that kind of stuff so thank you yeah they look beautiful don't get me wrong yeah any other public comment okay all right do you have another comment no no I'm sorry okay so um need to have a motion and also outline um um the LPA recommendations which I think Council does not want to adopt one we'll adopt two and between first reading and second reading Jay will clarify language about the village being able to reach out to a third party consultant opinion um adopt three ensuring they take into account the variety of different uh bulkhead types that could be installed and then revise provision four to basically default uh emergency repairs to to EP an army Corp can I just say so moved make a mo for that you have to make a motion because I technically can't but say you can I would like to make that motion with all of that can I get a second a second okay all in favor I I no Lori she she left us right so all that okay where am I now Jason thank you madam may I need to read this one by title as you said it's ordinance number 10-24 an ordinance of the village of the quest of Florida amending the village code of ordinances at chapter 2 Administration by amending section 261 this and uh the main benefit of this is uh Define benefit plans keep people employed in your in your municip ality whereas a defined or or defined contribution plan people move around quite more often they're two very high ranking officers in our police department and they I believe they do a fantastic job um this plan or this um this plan or this this change will have them pay the actual thank you Council thank you Council any comments questions no no question that makes sense I appreciate you catching that I have none I think it's a great retention that I have none I think it's a great retention tool you can wait if if you're all tool you can wait if if you're all voting in favor you you're you're fine um here to renew the bleach contract for the water treatment plant water treatment plant uses renew the bleach contract for the water treatment plant water treatment plant uses or the the water treatment plant uses bleach to treat the water this is the renewal on a piggyback from Maran County um for Bleach for the coming year uh do you have any questions Council no questions thank you NOP any public comment can I get a motion so moveed second all in favor agenda item 19 resolution number 20-24 which is I think authorizing the to sign for the revolving fun loan yes and uh to pled the ability to pledge revenues to repay the loan designate an an authorized representative um and you can read it you probably read the memo um the one question that you may have is um that the I talked about recommending that we take from reserves and how are we going to make up for that fantastic Finance director also was able to earn some interest on some unspent um money in our reserves and we also have um if you may recall water M number one and number four we did not move forward with water M number one and the differential in that is about 161,000 so in deferred projects that makes up about that um difference in cost so that total is is where we would make up that money so if and to anticipate your probable question there great thank you Council any comments or qu questions from marrey no no questions thank you one question on reserves When you mention reserves is that utility reserves or is it General Village reserves it's separate it' be Utility Fund reserves thank you so um um just like um not the general f thank you for um clarifying yeah yes people would be up in arms yeah thank you for clarifying you know where where you found would be attacking me at the podium thank you margerie for clarifying where you found some of that that the extra Pro so thank you very much no questions thank you Marjorie any public comment can I get a motion so moves second all in favor I hi I thank you thank you it's the first time some of you guys have seen this emerging declaration um in conjunction with the mayor myself and the chief um that's how we determine uh a declaration obviously we're looking at the county and and others um so once we do that and declare that emergency the way the ordinance reads is that we have to bring it back to council after the fact for for consent or for uh to memorialize it so that's what you have here um really there's no the action is to you know accept it but there mean you can't undo the emergency um you know if there was comments or something that you'd like us to consider next time you can bring that up but other than that it's it's pretty ministerial Council any comments or questions on the process nothing for me no excuse me no any public comment can I get a motion so move second all in favor I I all right with that any other other matters I do not um staff backup in the uh for the ordinance the first ordinance that we did the second reading of the overlays um discussed what was discussed at the last meeting is that Council agreed to further Workshop the building height allowances for architectural features standards for 8020 and the requirement for the mix in the mix and the waiver language related to the provision of more open space we're going to talk about what would that look like or we going to put that on the next I'd like to see that on the next Workshop or the coming workshops yeah it's on our list is Staff going to be ready for it for November uh let me check but I I mean we'll we'll we'll make it a priority we'll see if we can get to it make sure we don't I know we have it on our list shared shared like mayor says we have it on our list and I mean let us let me just check with staff you know before I before I commit to them thank you good point I don't have anything so can I get a motion to adjourn so moved second all in favor that makes up for a very long one last did you hit it looks dark out all of a sudden yeah problem very hard to push stuff and there's a lag try to dial try to dial it likes your fing it doesn't I mean it's a great yeah I pushing hard I didn't either um maybe we change the one that's in the nice to see you we both hand risk management the one works well that's the button I was looking for D it bet I know right here probably Jeremy right here maybe yeah I was trying to like turn your buttons off