I mean, I love her, but man, jeez. Give her another minute. >> Yeah. >> Are you guys all going to be there this week um in Orlando? Thursday and I have to leave Friday night to take their train back. I have to do a presentation.
>> So come back. Excuse me. >> All right. Good evening, everyone. I'd like to call the meeting to order. It is 6:01 p.m. August 12th, 2025, and this is
our regular council meeting. Lori, can I get roll call, please? No problem. >> Okay. Mayor Molly Young >> here. >> Vice Mayor Stori >> here. >> Council member Brandon >> here. >> Council member Painter >> here. >> Council member French >> here.
>> You and the invocation and pledge of allegiance will led by Vice Mayor Story. >> You'll join me in a moment of prayer. Dear heavenly father, thank you. Thank you for this day. Thank you for the opportunity to gather here tonight with residents and people that really really
care about the village of Tqua. Be mindful that everyone here, be it staff, members of the council, residents have worked a full day and they've debated all day long and they've discussed issues. And please give us a clear mind and an open heart as we may
hear different opinions and that's okay. Um, I will give thanks to our first responders. As I've said in prior invocations, they leave their house every day and they leave their family to protect people they may never meet again. And for that, we are always very grateful.
There's a lot going on in the world. Uh please guide, guard, and watch over the people that run the United States. Uh our troops that are here and abroad. and may um the people that are running our country have the same care, compassion,
and conviction that I know the people and the residents and the council members of Toquesta have. Guide guard and watch over us as we finish out this week. In your name we pray. Amen. >> Amen. >> Join me for the pledge. I pledge allegiance to the flag of the
United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Okay. Can I get a motion to approve tonight's agenda? >> So moved. Second.
>> All in favor? >> I. >> Okay. Our first presentation today, agenda item one, presentation by United Way of Palm Beach County for hunger action month and a proclamation declaring September 2025 as hunger action month in the village of Dquesta.
I do not believe anyone from United Way is here. Nope. So, we'll skip the presentation and we will not read the proclamation in for record. Agenda item two is our legislative presentation by our lobbyist, Ken Puit. Ken, I believe you're joining us via
Zoom. >> Can you see me yet? >> Nope. >> I apologize. Um, my video doesn't seem to be working. >> No problem. We can hear you loud and clear though,
so if you want to Okay, the floor is yours. >> Well, thank you and I apologize for not being there in person and appreciate you all being uh accommodating me uh via Zoom. Um I have a brief legislative
update for you. As you know, we've uh the legislature ended on June 16th after 105 days in the legislative session. And uh Lori, do you have that the um are we on slide one? >> Hold on just a second, Ken.
>> Okay, thank you. So they were they were in session for 105 days and which is normally they go through a 60-day legislative session and uh there was uh obviously some differences of opinion uh
particularly between the house and senate but they did uh resolve all those and so we're uh they sided on June 16th. It's gonna it's going to be just a minute if you want to I have to pull it out.
>> So, um just to fill you in, there were 1,959 bills that were filed. Of that 1,959, 269 actually passed and then we had uh 11 vetos by the governor. uh the state
budget overview. Uh just to give you a perspective of it, in the 2004 legislative session, they passed a 116.5 billion budget and the budget that they uh passed and this took effect on July
1st. Had a 1.2% reduction. Uh so the the total budget the state budget's 115.1 billion and then the governor issued 567 million worth of vetos. The reserves are
in the 20 plus billion range which is excellent for the state. Obviously, uh the bond rating, uh just to kind of give you a perspective for every family in Florida, uh the debt, the bond indebtedness to the state, uh for
families is about $400. And when you compare that at the federal level, uh the state of Florida really is doing a great job and keeping its bond indebtedness down to a minimum. We had some key local government bills that
affected the village that we were uh that that we monitored and watched very closely. One of them was House Bill 11. And while it didn't directly affect the village, uh it did it would have indirectly affected us because there was
another bill uh that that did not pass that would have directly affected us. And the reason I bring this up is because it's really important for us that when these bills come up that we number one, we try to kill them. Uh this
one happened to be a food fight between uh Miami Gardens and North Miami. And that bill did pass, but it was vetoed by the governor. That was House Bill 11. And the and I bring that up specifically because there was another bill that
would have really impacted the village and that was Senate Bill 1704 and House Bill 1523. While the House bill did pass, the Senate bill did not. And that one, uh, Jeremy, we're on page four. Thank you. Um, so that one would have
directly affected us. And what was good about the veto was particularly what the governor said about it is that these are issues that need to be resolved at the local level and not done through Tallahassee. So we're what we're hopeful
for is that these bills won't be uh sponsored again in the future knowing that the governor particularly he still has um a couple of sessions left and so where the governor would he would veto those bills anyway. the the one bill
that that we were not supportive of that that did pass was House Bill 683. That's the bill that allows for the synthetic turf installation. Uh that one is going to be going through the Department of Environmental Protection for the rule making process. So, we're going to be
watching that very closely. That one is the one where it obviously for those lawns that are less than one acre uh that that would be applicable to. And again, they had another glitch bill for the live local act. There wasn't um a
great deal added to that that that would affect it that would have that would affect really the village except for a PUB. The uh we know the live local is applicable and industrial and commercial
mixed use and uh it it's also going to be available in the PUD. We're um we don't know uh this has now been the third iteration of the live local act and whether or not there will be glitch bills in the future. It's just important
for us to continue to monitor those uh to make sure that uh nothing um arbitrary will happen to the village in the future. There were a myriad uh I'm on page five, Jeremy, please. Um there
were a myriad of bills that that died and and that's and that's uh what happens in the legislative process. A little bit over 10% of the bills that are filed actually do pass. But if you look at that list, there were a lot of
property tax exemptions. Uh there are homestead property assessments. So, it it really uh has lend itself to the conversation that they're talking about now with property tax reform.
And Jeremy, if you could do the next slide, number six, please. Which leads us into taxation. Uh the the legislature passed a $2 billion tax cut. That is a recurring tax cut. So when you look at
uh when they when they cut that much, 900 million of that was the business rent tax that is completely eliminated in the state of Florida. And if you remember in years gone by, you'd have all those uh uh back to school sales tax
exemptions. They were all non-recurring. And what and what they've done is they've made those permanent in the future. So they're not going to have to go back and pass them every year, but those will be permanent. For instance, if you buy a generator, it's going to be tax exempt all year long. And then we
had some uh some of the local tax issues. The tourist development tax is something uh particularly if it impacts the village, you want to pay real close attention to that for next session. Uh there's some issues that uh that they
did particularly up on uh the West Coast about lifeguards and using the tourist development taxes to pay for those. But what that is is that's really the segue into the property tax reform uh measure that the legislature um is going to be
addressing. Um mayor, I know you're the vice chair of the policy for the legislative policy for the League of City. That's a great position uh for the village to be in uh to where you're going to have a loud voice there. We
have met with both of the co-chairs of the house, Representative Lopez and Representative Overdorf who's from Martin County. We've met with them. We've discussed with them the impacts of not just going in uh and just wholesale
doing the property tax reform uh but more or less if they're going to be doing it. And I I can assure you it appears at this point in time that something is going to be done is to go with a with a scalpel and not so much with the cleaver.
So Jeremy on uh slide number seven. So the legislative session, these are the dates that are going to be the committee weeks are starting in earnest uh October 6th. And with the legislative uh session, it's an early session. Uh in an
election year, uh which is the evening year, they always have the session in January and in the odd year they have it in March. So this one will start on June 13th and the 60 days will end up on March 13th.
the Martin delegation meeting and and there's a reason I'm sharing this one with you although we're the Palm Beach one. The the Martin delegation meeting is tentatively set for October 21st and the Palm Beach delegation meetings are September 30th, October 23rd and the one
that's really important for us is going to be October 13th and you're already there Jeremy. Thank you. So this is why uh the November 13th local bill delegation meeting is
important to us is because if uh the village decides to go ahead and move forward on that and that is to uh take ownership of the Questa Regional Park, the 41.1 acre park uh located in Martin County. Um, so, uh, because of the
village being in Palm Beach County and the land actually being in Martin County, we're going to have to go to both delegation meetings and get support from both the Martin County delegation and also the Palm Beach delegation. And
uh uh we've been working closely uh thanks to to the mayor and the and the village manager that that we've been working closely. Both of our senator and our house member Schneider and Gail Herrell, our senator have agreed to uh sponsor it. Local bills go through the
House only and then they're affirmed in the Senate and and Representative Schneider has agreed uh to go ahead and sponsor that which is huge for us. um as well as uh Senator Harold, both are senior members uh and leadership and so
uh we feel very confident uh that you know having their support will at least get the bill uh moving and uh at least uh to be heard. And then to wrap it up a little bit, we've got the legislative leadership is
uh still going to be Ben Albrittain is the Senate President and then the House Speaker is Daniel Perez. they will remain in their post. It's a two-year term. Uh they've just completed their first year and now they're entering their second year in that legislative
position. And then finally, we've got um some special elections that are going to be happening. Uh the the untimely and unfortunate passing of Representative Joe Cassello. Uh he represents Boon Beach, Ocean Ridge, and Del Rey. um
along with Bla1 Angolia, Senator Engolia uh as you may know is now the chief financial officer for the state of Florida. And uh so there will be a special election and those will take place on September 30th. And of course we have a brand new lieutenant governor. Uh Jay Collins is now the lieutenant
governor of Florida. And so there will be uh a special election that will be held for his Senate seat as well. And with that, we've got uh there's uh there's a lot going on. Uh it's we thought we'd at least be able to catch
our breath over the summer. Uh but that has not been the case. Uh the legislature uh they're going to be hitting the ground running here shortly. The delegation meetings have already been taken place throughout the state and obviously we're going to be having
ours as well here shortly. So with that, um, want to thank you very much for the opportunity to serve and to represent the village, the citizens of the village and to serve you as well. And, uh, appreciate that opportunity and happy to take any comments or questions.
>> Thank you, Ken. Council, I'll open it for any uh, questions or comments for Ken. >> No questions. >> I have one question, one comment. Hi, Ken. Thanks for the presentation, Council Member French. Uh, short-term rentals. Um, we can connect that to home
rule or directly to a short-term rental bill. Uh, it's a big concern of mine for Toquesta, the amount of short-term rentals, uh, specifically Airbnb type rentals that have been popping up in the neighborhood. Do you have any direction or suggestions on where we can go with that? Uh, to
>> Council Member French, I I uh that thank Thank you for bringing that that issue up. um just when you think it's losing steam um it rises from the Phoenix. So we're we are that one makes us very nervous and so we're watching that
closely. It didn't get any legs on it last session. Uh but a lot of times the second year of a term of a presiding officer sometimes they will then make it a priority and and often times what
happens too is that the incoming presiding officers they don't want to deal with the issue. So what they do is they ask the current presiding officer to get it off their plate so they don't have to so they don't have to deal with it. that
this issue causes a lot of concern throughout the state of Florida. And I if if I had to handicap it, I would say that it is one that every year that it is brought up and it continues to lose steam, the better it is for us. But you
got to be diligent and watching because you just never know about these these uh stealth amendments that come up at the 11th and 1 half hour. So I can assure you sir we are we will be watching it closely. >> Thank you for that response. Do you have
any direct info of who's lobbying for these where they where it comes from? >> You know that you know what's interesting about that is that they didn't even Airbnb would when you talk to their lobbyists they were like we we've run out of gas on it. We're not
we're not pushing it. But you know what happens often times is that um is that issues get stirred up. I call them rabbit droppings, but they get stirred up and whether or not they're trying to create business for themselves. But this
is this is one of those issues that we cannot definitively tell you that it's the Airbnb or one of the other companies that's actually pushing it. It's not like it was a few years ago when they were it was all hands on deck. They had hired just about every lobby firm
imaginable to do it. That's just that's just not the case now. So, we just hear about it. Last year particularly, it was one that just they it it kind of they talked about it a little bit and then nothing happened really. But I I just I
always worry about um these these last minute amendments. Uh 60 days is a long time. This year was 105. So that's a long time for issues to be considered and brought up. Um and until they hit
the gavvel and siny die, we just have to be on on alert. But there are there's no single company out there that particularly as you compare to years past that's pushing the issue any longer. >> Thank you, Ken.
>> All right. Thank you. Hey, Ken, just one quick Well, first of all, thank you for all you and and Megan do for us up in Tallahassee. Um, you guys are working hard all the time. I know everyone doesn't see it, but just like you said, you've, you know, met with the House Committee chairs for the
property tax and, you know, you've been working behind the scenes on that local bill. So, thank you for all you guys do. Um on Senate Bill 180, I we spoke about this at our last council workshop and um there is a section in it that talks
about uh restricting or preempting us from doing any land use changes until I believe it's 2027. Um >> since 2027 and then it's also can't go back retroactive to 2024. Yes. >> Right. And that that did impact a huge
project like a almost three-year project that we did with overlay districts here in Dqua. Um and you know we did not get any storm damage here. I mean I think we had a couple trees down but there was not significant damage from Milton in Dquesta. I know there's some other organizations that are already starting
to advocate against that. Um do you know what the temperature is for next session on maybe making some amendments to that? Well, mayor, I I completely uh agree with you is that it it is an issue
that's being discussed broadly with other organizations and um I believe that yes, there will be not only legislation filed uh but there will also be amendments that would be put on every land use bill imaginable. So, um, you
will see that issue come back. Whe whether or not, you know, it's a lot easier to kill a bill or kill an amendment than is to pass one. Um, and so whether or not it would see the light of day, I, you know, I can't I can't predict that. Um, I I believe that
there's going to be such a focus on property taxes, on property tax reform that that's going to be taking the oxygen out of the place. um and all these other issues, the preeemption issues, issues like in 180. I I I just don't know how much attention that
they're going to get. But, you know, you can't just lay idle and just, you know, let it happen by, you know, just hope it's going to happen. You've got to be aggressive about it. So, I I fully appreciate what the Association of Counties, I know the League of Cities is going to be aggressive about it. There's
going to be Thousand Friends of Florida and other organizations doing it as well. So, uh, this is not the last that you're going to see of this issue. >> Okay. I know. I mean, I believe there was consensus at our last meeting that we were in favor of, you know, keeping an ear on that and advocating against
just specifically those land use change preemptions. So, yeah, I mean, Ken, that that's really important to us if you could keep your ear to the ground and let us know what we could do to um, you know, potentially help anything next session to at least get those land use preeemptions um, out of there.
And I believe mayor and I and I appreciate that if you if um if there's some way that um instead of if there's a way to do it instead of wholesale taking out the entire you know both of those provisions if there's a way to do it in a longitude
latitude approach if that's something that we could perhaps discuss in that way because when you try to take it all on I I just believe you're going to have a more difficult time particularly it had very strong sponsors on both sides. And so, uh, you know, it's not going to
go away easily unless you, I believe, come in with some alternative language that doesn't wipe it all out wholesale. >> Agree. Yeah. And I I mean, my thought off the top of my head was, you know, um, cities that did not uh, have any damage from the storm maybe, you know,
would be excluded. But I think maybe that's something we could workshop in the future, some language, Keith. Maybe that's something you could think about with Jay even. Um, so yeah, we'll give that some thought. Maybe we'll workshop that again and we'll we'll uh give you something to work with. >> And mayor, thank you. And you know,
Rebecca O'Hare is at the League of Cities. She's she's the best in the business. So if there's anybody who can come up with it, it'll be Rebecca. >> Yep. Right. Okay. Anything else, council? >> I have nothing. Thank you. >> All right. Thank you, Ken, for your time tonight. We appreciate. >> Thank you all. Take care.
>> All right. Well, thank you. I appreciate it. Bye bye now. Okay, moving on to presentation three, a proclamation recognizing Richard Radcliffe on his 14 years of service to the Palm Beach County League of Cities. He is not here tonight, so we won't read it into the record. Um, he would like to
be here, but he was felt very strongly if he went to one, he had to go to all and he could not possibly make it to all of the coun city council meetings. But, uh, his last meeting is August 27th. So if you guys are available and care to come to his last uh general membership meeting, we would love to see you there.
Okay, our last presentation, agenda item four, is a presentation by our intern Joseph Janosi. Did I say that correctly? Come on up. Hi, I'm Joseph Josce and uh I'll be doing this uh presentation on different
performance indicators across different municipalities in the area. Clicker there if you want to try. >> Okay. >> Isn't it backwards? like forwards is back and back is
>> so these are the uh municipalities that were chosen. They're based on a comparison study during uh done earlier this year. It's uh organized by the population and right
here it's just showing which um services are provided by the different municipalities. So for the scale of population we have we provide a lot of services um compared to
ones around our population. So that's kind of what I gather here. Here we have the average home cost. It's uh number I got was 600,000 uh average home cost. That's towards the uh higher end with the ones that we have
compared here. So it's uh a nice nice area. It's uh I got it from this and uh see here the uh you have the general fund. It's uh general fund and
the general fund per resident. the uh same municipalities with the higher average home cost are also the ones with the higher um general fund per resident. And uh so we're kind of in the same area right here,
which uh it shows we have a lot to provide for the uh the uh the residents here. These are the uh employees per thousand um for each department or for some of
them. Uh we have 16 employees per thousand which is uh it's a it's uh we have a lot to provide for the residents based on this one. So here we have the uh seasonal residents
and this is uh what this shows right here is that certain points during the year we have more people being customers for our departments and we still than than it seems. So it looks
like 6,000. It's actually a little more and that's also the uh just to note the utilities department services 15,000 people. So it's uh it's more than it just seems based on the census.
So here we uh going to go on to part breaking down the different departments. Here we have the uh violent crime rate per thousand residents here in Questa. have had zero over the past three fiscal
years, which is very good. Um, compared to some of the other cities, we're I mean, we're the lowest usually. And uh when you look at some of the previous statistics about the uh home cost and all that stuff and and this it's a nice
place to raise kids. It's safe and all that. And then this is the burglary rate. It's very similar. Uh we're low here too. Uh the lowest. So it's very safe place. Here we go to the fire department. We
have the ALS calls. We uh we're on the higher side here, but that is because we have a a larger population of uh um older people, which is likely the cause for this. Um so
that's explanation then we have the BLS calls and it's a similar case here um and we're yeah we're yeah so in the IT department
we are kind of in the middle range which is good because it's uh there's not many problems with the uh technology and it's uh probably means that we're efficient with everything so That's the IT department.
Parks and recreation uh total park acreage per resident. We have uh a lot of uh park acreage considering our size and everything which is good because it's uh provides people a lot of places to uh
to go outside and safe and interact with the others. So, it's looking good. And then uh total park maintenance per resident uh is pretty low but the um parks are
maintained regardless with that. So we have we have this and then human resources the full-time employee annual turnover rate uh has came down in the past few
years and it uh brought us from higher a lower number which uh good retention. Move on to average cost per hire. This is uh I'm comparing a couple cities but
we're on the lower end. Um so that's that utilities water main breaks per 100 miles of pipe. It's below the national average um for
2023. That was a a study done by Utah University. So we have that good pipes. Um here we have the customer service calls per thousand residents.
And these can be anything from just phone calls, you know, accidental phone calls to the wrong department, paying a bill, just general questions, and we're pretty low here. So, tells me the customers are probably pretty satisfied.
um building permits. We have uh thousand permits per thousand residents and uh uh yeah, it's there's development here more than some other places. Um but it's
that and then uh revenue drive from fees per resident. So we're doing that um about $150 per resident just about there. And then This is the important thing carry forward a lot uh
per year compared to some other municipalities. So it's uh fiscal responsibility right here which is good risk management workers comp workers compensation uh for sworn fires.
you have village of Tquesta has is pretty safe. Um 2022 was high but it came down and uh we're on the lower end of things. Then uh for law enforcement I think uh this
also reflects the crime statistics pretty low um law enforcement uh workers compensation which is good. And then uh here we have the uh total workers compensation and uh
medium range here which is uh good. Here we have the clerk. This is the average time to fulfill records request. Um ours is uh a little over three days which is uh speedy way way below the national um number. So we can get back
to residents quickly. Then public information. Here's our Facebook posts. Uh engaged with the community here. The Facebook reach right here. We have uh spike in 2024 and uh
yeah, we have the engagement right here. In 2022, we uh the village made a push to be more engaged on social media and I I think that shows and then kind of went back level number
then it's a similar story with Instagram where more engaged in some of the peer communities but um yeah and then with the Instagram reach uh I guess a similar story
spiking recently. Yeah, right here. The engagement, right? It's uh kind of difficult to get numbers from the other communities for this, but um again, the 2022 push for social media shown right there.
And then we needed community development. Um Questa there's a lot of uh land applications. Um but yeah, compared to some of the other ones which is a it's a developing city. And
here we have public works. This is the uh village of Tqua has um decent uh like middle public works budget for resident which I think means that we have a fiscal responsibility with that.
And uh then here's the and Well, thank you for that very insightful presentation. Council, do you have any comments or questions? >> I do not. Thank you. >> Um, I hope you enjoyed your time. I heard you got to float through each
department. Um, I think most of our interns get to do that and I love that that our village welcomes interns as a whole. They don't just get stuck in one department. um because I like our youth to be able to go out in the world and be wellrounded and you can be more helpful to as the next generation. Thank you for
some of those numbers. I'm proud of some of those numbers. Um thanks to the clerk's office because I know you guys do a lot of the engagement controlling whether it's pretty much any type of medium, right? And just to share, I mean I remember when government didn't even use social media and I know that was a
big jump many moons ago for government to take that jump. Um, yeah. Thank you. And I really do hope you took something and I hope you got to meet with each one of us at some point. Pick our brains and good luck to your next adventure, whatever it may be.
>> Thank you. >> Thank you, Joseph. Good job. How did you obtain these social media reach from the other municipalities? >> Um, I I asked them. They I I submitted a request. Um, some of them sent them back after a few days, some of them didn't.
um but or they took longer too long but um yeah that's that's how I got them. >> Thank you. Great job. >> Yeah as well. Thank you. The same comments that you've already heard from my colleagues but thank you for the work that you did and um some of the information that you provided us may be very poignant and salient in the coming
months. So thank you very much. >> Yeah. I just a question kind of similar to council member French. Um how did you get most of this data? Was it reached out to the cities? Were you able to utilize AI? like how how would you put all that together? >> Yeah. So, some of it was AI. Um, but
then I would I would go to the uh like the CFR or the uh the budget and see that it's there. Um, but it would it would kind of tell me like, hey, this is where it is on the website. Go look here. Um, and then that was for like the
first half of it, but then the uh more department specific numbers were foyer request and also going into the CFR. That's why some of them were had fewer municipalities on them just because some got back to me, some didn't. So, yeah,
>> that was great. And thank you for choosing to spend your summer here with us and yeah, good luck on your next adventure. >> Thank you. >> Thank you. >> I appreciate it. It was a fun time here. >> Very nice. Thank you. >> Okay, moving on to the consent agenda. Lori, do we have any um comment cards
for the consent agenda? >> No. Any public comment on the consent agenda? >> All right. Can I get a motion? >> So moved. >> Second. >> All in favor? I >> mayor, if I could on that the the Palm Beach Road Runners are here and just want to say thank you for coming. You
know, great news is the item wasn't pulled. Uh but thank you for what you guys do. It's an amazing event for us in the village of Tquesta every year to host to be the hometown of this. So thank you very very much for coming out tonight. Thank you for all that you guys do. >> Wow.
>> Wow. Fantastic. >> Looking forward to it. >> Thank you. >> And on to communications from citizens. Lori, do we have any cards for items that are not on tonight's agenda? >> Yes. >> Okay. Marshia Nielson. >> I wish to address, Forgive my voice. I
My husband says, "Good thing I lost it." I wish to address the discussion at the workshop on August 4th regarding the charitable giving. Historically, many groups came to the village meeting to look for donations. At that time, PowerPoint was a dream and the presentations were verbal and didn't
take that long. However, they varied and were prevalent. From that council's viewpoint, there were two major problems. One did not have time to research each cause to see if the donation was um appropriate and two, it was embarrassing to say no publicly. The
solution was the discretionary fund. This allowed each individual council person to donate as he or she saw fit. There was transparency to a point of course as all records are public but the donations were I might say more thoughtful. After each council person
had a limited amount of money to donate. If you proceed as you seem it seems to be your intention. You will open the door again to various presentations from group seeking funds. You will be in the position of having to say no publicly or support those efforts that perhaps you
would not personally donate to. If the charity ultimately comes under public scrutiny, there will be embarrassment. You will have to earmark certain amounts for public donations and that amount will escalate as more groups approach. The solution, as I say, is quite simple.
Discretionary funds should be restricted to charitable donations. Travel should be separate line in the budget and council members should have to adhere to the village travel policy as all employees do. This is after all only fair and would eliminate eyepopping
expenses. The changes you make today will impact future council. So I respectfully suggest thoughtfulness before adding a budget item for donations. >> Thank you. >> Thank you. Any other cards?
>> Petta. Christina. >> Thank you. If you could state your name and address for the record, please. >> My name is Christina Vander West Husen. My address is 113B Lighthouse Circle to Quest of Florida. Right. I'm here
to address the village on the quiet zone. I remember being here last year and we had a meeting and we spoke about it. I walked away feeling very happy thinking something is going to happen by March of this year. Nothing has
happened. Have we heard anything from the village? No. I'm a firm believer in communications. It took an email from me personally and from the board of Toquesta at toquesta trace to get a response. I'm
extremely angry about it because night after night, day after day, we have physically been thrown out of our homes. We cannot enjoy it because of the noise at the Questa Drive and Old Dixie.
Um I feel that somehow or other the council Questa, the village has really dragged their um legs on this one. Jupiter Palm Beach Gardens. Quiet. I work in Palm Beach Gardens. I
can't believe the silence. Why are we not there yet? Now I got this email saying that we have to wait for the Sorry, I have to look at my notes. The railroad administration for the Federal Railroad Administration. It's more than a year. Why haven't we done it? Right.
And then once we sign that agreement, it can take up to another eight months. That means another year we have to suffer like this. And I'm telling you, we are suffering. Not last night, but the night before I was prepared to go into the back
bathroom and sleep on the floor. So, you know what that's doing to our stress levels. Um, I feel as the residents, we have the right to really appeal to you to move this faster and to keep us updated. We
really need an update. Um this whole thing is harmful to our health, our well-being, our property values. People come there to buy it and then they hear that crazy train going past there. Honk honk honk four times. The fourth time it's like an extra minute, right? So
it's impacting our value property values too. Every night as I said the stress levels is so high and yet my friends in Jupiter and Palm Beach Gardens, they don't hear a train. So please me to
Quest a trace I'm on the board as you know now if you don't know I am on the board we need a clear public timeline uh a firm deadlines we need a commitment that you are actually going to be doing something I know it will might
impact the budget I don't know but again I feel a year has been too long that we've heard nothing I appreciate your time thank you >> thank you >> thank Thank you, ma'am. Um, I know we sent a response to the board today. Jeremy, do you just for public record,
would you like to maybe kind of go over the high points on that? >> Yeah, we got the letter today and we responded um the same day. We uh have got a couple of uh requests for information on that. We typically respond as soon as we get it. Um, just
as a highlevel, I guess recap of this, back in 23 when this first started, about the time Jupiter and and Gardens were applying and going through their process, we met with Treasure Coast and a representative from FRA, the Federal Railroad Administration, did a site
visit. They told us our railroad crossing was uh available to do a quiet zone and we met all the requirements. And then 24 when we actually did a a site visit, they told us that the the requirements had changed and we were going to need to put in double arms on
the other side. So that was going to be a $600,000 hit to the budget. At that point, we reached out to TPA for funding. TPA advised us there was potential funding out there. We had to go through an application process. Um
there's some other key dates in here, but u we have um we have got a commitment from Bright Line to uh to help fund that. We are in negotiations, I'll say, with an agreement to do that um that railroad crossing. There has been some stipulations that they put in
there that we were not in favor of us, meaning we were going to have to take care of that crossing for the life for the rest of it, and we're we're not really in the business of doing that. So, um, we think we're close on the agreement. Once we get that agreement, they will fund that railroad. We won't
have to pay $600,000 out of our out of our general fund budget. Um, and so the the Jupiter and Gardens crossings were much different than ours in that we have one crossing and they they typically score all of your crossings on a on a
scale. And so like Jupiter has six crossings. They they had different point scales and so they they were able to spread that out. they paid, you know, I don't I don't know how much they paid, but they were a able to make those improvements out of the general fund. They did not have a major arms that they
were having to put on their crossings like we have. So, we have some major improvements that are being done. That's why we seek we were seeking funding. Um, and so we're happy to give an update any point, any p you know, anytime. I know we sent an email to them if they they now have Doug's contact and if they any
point they want an update, Doug can give that to them. And so I think that answers the question and gives you guys an update. We are actively pursuing. We have not been non-stop. Um ever, you know, we've had several times where we've talked with council, had decision
points, but you know, at this point, we're we're at the mercy of this agreement trying to get it done and then at that point we'll have the funding to move forward. >> And I know our staff is actively always working on it. I really um empathize with what you all are going through since the Bright Line started. if
council agrees. Um I mean would it be at a minimum too much to ask for staff to send periodic updates to that board so they're informed and >> yeah I mean if as I mean if if there's a significant you know we hope to have that agreement in front of council next
month or the month after um I mean that that but we can send any kind of update that's needed >> is council is you agree sending that that board specific some um periodic updates on status. >> Yeah. >> Okay. So, we'll start doing that. All right. Thank you, Jeremy. Lori, any
other cards? All right. Any other public comment on items that are not on tonight's agenda? >> Okay. Moving on to communications from council. >> I don't have anything this evening. >> Um, nothing grandiose. Just thank you to
public safety for reminding our village as a whole of the season that we just entered into. Yay, back to school. Um, also just note, um, I appreciate first responders always training, especially like fires, always
doing dive training, whatnot throughout the summer for our storm season. I know we're in it and we always pray for nothing, but our former fire chief used to always say, always stuck with me, don't be scared, be prepared. So, I would just appreciate on behalf of the people that we represent. Um, staff,
first responders to just make sure that our village is as best as it can be right now, even utilities, making sure those storm drains are cleared out. And it's not anything on our residents, but sometimes construction workers, they dump stuff in drains, and we have a lot of construction around. So, just making sure we're prepped and ready to go as
best we can. That's all I ask. And that is it. >> No comments. Thank you, mayor. >> Uh, just one. And I don't want to steal the mayor's thunder because I'm sure she'll talk about it, but I want to say congratulations and thank you to Lori McWills, the clerk staff for the Palm Beach County League of Cities lunch that
we hosted. Uh, and congratulations to Mayor Molly, who was also President Molly of the Palm Beach County League of Cities. Did a wonderful job along with the country club. They did a fantastic job. And um, typically when you're the very farthest north municipality like us or the furthest south like Poka or out
west in the Glades, people don't come. But people say they love Toquesta and they never miss it. So congratulations to the village and what you guys did pulled it off for you. So thank you. >> You did steal my thunder. That's okay. Truly, thank you for the amazing job you guys did. I received so many compliments
days after uh it was a great celebration. I know like like vice mayor said, people always look forward to coming to the meeting when it's inquest. Um, and then along the lines of uh what Council Member Brandon said, just thank you to the police department and fire department for the Operation Safe Start.
And really, I want to thank our business community for coming out yet another year for our teacher supply drive. We always have so many business businesses contribute and donate supplies for our teachers here. So, thank you all around. Okay, we're moving on to appointments.
Agenda item 14, consider appointment to fill the EAC environmental advisory committee vacancy. >> We have two applicants, Drew Henriquez and Joyce Rafty. Drew reached out to me and said he is out of the country and is unable to attend the meeting tonight.
I'm not sure if Joyce made it to the meeting. So, both applications are in your agenda packet and this is to fill the vacancy on the environmental advisory. >> Okay. Since neither applicant is here, I usually like to have him come up and
speak to us. Uh, council, any thoughts on filling the seat. >> I'm thinking >> so I can go first. Um, looking at at the application, I do appreciate both residents uh applying for the board. Uh,
it seems Drew has quite the application. Maybe he was more fit for a pension board than EAC looking at his application. Um, but I appreciate both applying and um, we're filling one position. Is that correct?
>> So, I would uh vote that or make the motion that we uh approve Drew. I'm just trying to find his last name. I apologize. Drew Henriquez uh for that position. >> Yeah, I've looked at both of their
applications. It is very helpful when we get to, you know, hear from them. So, this is a little tough, but I would go, you know, just off of uh Mr. Henrique's he based strictly on the amount of time I
think he spent on the application. Um and the background I would agree with council member French. He would be a great addition to the pension board. Um I'm I'm going to go with uh Mr. Henrique. >> I'm excited we had applicants. >> Oh yeah.
>> So thank you guys for applying if you're listening. Um I will second and in agreeance with my fellow council >> I too am in agreement with uh my colleagues. Um it's I think it's important to fill this role to get that back to a complete committee. Uh it's
very important in the the input that they provide to us. It' be great to get just one more person with the input to have a full committee. So I'm in support of Mr. Henry case. >> Um yeah just like I said it's tough without them here. So on paper I I agree with um Drew, but if Drew, if you listen
to this, I really agree with Council Member French. When I first read your resume, I felt pension board, pension board. So in the future, if one of those opens, I wouldn't be against you considering applying for a pension board position. Yeah, because you seem to definitely have the expertise for that.
So I don't Did you I don't think you actually made a motion yet. Did you? >> Can someone make a motion or I'm sorry, let me take public comment. Is there any public comment? Nope. Okay. Now, can I get a motion? >> Uh, I'm Drew, right? >> Yes.
>> I move to approve Drew Enriquez for the EAC committee opening. >> Second. >> All in favor? >> I on to standing reports. Village attorney. >> No report tonight. Mayor. >> Okay. Village manager,
>> can I take your three minutes? Uh yeah, >> just a little update. Uh G View Drive, there was some road damage from FPL trucks. We are aware of that. We are working with them to get that repaired. Uh the United Way um presentation. We
are going to have a drop off location of that at the rec center uh after Labor Day. We'll have two weeks where we help promote that and and and have a drop off location. And then um which most of you guys know by now, but just for public knowledge, after 30 years dating back to
1995, the CWA has been descertified. And um so we um you know, won't change anything on our operations, but um just for everybody's knowledge, that union is no longer uh part of the village. And August 13th, which tomorrow, we have a
special magistrate. Um August 13th, which tomorrow, we have the environmental advisory committee. And then August 18th, we have the council budget workshop. >> Thank you. Any questions for Jeremy? >> No. >> Okay. Next up, police department.
>> Evening, mayor, vice mayor, council, roads attorney, village manager, and clerk. Before you, you have the monthly report. Uh just a couple of highlights I want to bring up. We continue with the civilian firearms safety class. We have another one coming this Saturday. Uh like I said earlier, we continue to fill
them. Uh we did find out that they will be putting another grant in October or November and we'll be applying once again just because it seems there's a lot of interest in in the classes. So we're going to try to continue that if we can. Uh we have two car seat installation since the last time I saw
you. We also trained Sergeant Yieldz. Uh he is our new car seat installer as well. Uh he just because of different timing, he works he's Monday through Friday. Helps us out when they come during the day. And we also have other shifts uh that are covered. Uh the nautical club uh it was a successful uh
eight weeks. Uh it wrapped up last week. Uh kids had a great time and uh we're always happy to do that and looking forward to next year's. As you said, today was a yesterday was the first day of school. Uh we were on we will be on WPTV or we were we already been on at
4:00 and the six o'clock today. Uh we were on WPTV just going over uh the bus stops and uh riding along with the program that we offer. So uh if you don't get a chance to look at it, it came out good. Sergeant Yield took the lead on that. And then I want to thank you all and I know he wants to say thank
you in your consent. You had for the donation of K9 Eric. Uh I just want to give you some of the highlights. Uh Eric was with the village serving seven years. Uh he was part of over 500 kilos of cocaine seized, 25 kilos of fentanyl
seized, over 150 pounds of meth, and over $6 million of cash taken under Eric's watch. So, uh, Detective Looney does a phenomenal job with Eric, uh, as you all know, and I thank you once again for donating him to, uh, to Mike. Uh
it's it's family to Mike and just from our perspective, you know, we're sad to see him uh retire, but we're happy for him. You know, he's worked very hard and uh Scout, just everyone knows, has been doing a phenomenal job and Scout has hit the ground running and as the manager
knows, we are waiting for uh I believe it's $15 million that has been seized from a cryptocurrency case with Detective Looney working on that. So, we uh have put in for uh $15 million. of course village gets hopefully at least 20%. So that'll come back to the police
department. So uh I just want to thank you all for the donation and just seeing the importance of uh K9 Eric. So I know I'll give the rest of my minute to Detective Looney. Hopefully he doesn't get too emotional. >> Well, didn't expect this. Uh thank you. I appreciate it. Starting little raspy.
Um we really uh appreciate your support. It's been Eric had a tough run here and I I appreciate everybody and your support. It was a rough couple years we had together and uh this has been
the most rewarding of my career. Um he's he's loving the retired life now. He's he's fat. He's put on some weight and uh I appreciate it. You guys know what I've been through with uh with everything and it's been it's finally coming to a close. So, I thank you, village manager.
Thank you. Um council, I can't thank you guys enough. Um we worked hard. Um and with everybody's, you know, approvals and I've traveled the world with Eric. I've done amazing things with that dog and he's
so I uh I appreciate you guys. Thank you more. Sorry. It's I didn't expect this. They were They should have told me. Um I wouldn't be in a t-shirt. But uh I really do appreciate everybody. Um we work really hard. Scouts been working
hard and the crypto seizure. Um it's probably one of the most rewarding things of my career. Um and and it made Fox News. So it's been a it's been a roller coaster. And again, thank you. Sorry about my voice. I'm coming down with a little cold. So
Thank you. Thank you so much. >> Just real quick, if I would have told him, he wouldn't have showed up. So that's why you go >> if anyone has any questions. >> Council, any comments or questions? >> No questions. But Eric's the OG and I was, you know, I was a resident here
when he first came and he was kind of like the first Kite for Tquesta. So, we love him. >> I'm a little biased. >> I got you. >> And I do love Scout and I I wouldn't doubt that Scout was hitting the ground running because he is a pointer breed. So, I mean, there is no sitting with
those dogs. So, I'm excited. I'm excited to see what he does in his career. I'm very disappointed every time they don't come in though. I mean, >> he actually had him here today. So, he was here. >> So, anytime. >> Okay. So my request is anytime that they're a part of the conversation, if
they're open to it and it's not too crowded, you know, they need to come and get the recognition >> out of out of fairness to them. So >> got it. >> They don't want to sit in the car. >> Okay. >> Thank you, Chief. >> Thank you. >> Thank you. >> Thank you.
>> All right. Fire department. >> Good evening, mayor, vice mayor, council. Uh pretty busy month. Um, we had our one of our captain's meetings which went very very productively. I also was told it was half the time that it was in the past. No offense to Chief
Troop. So, uh, but the guys enjoyed it. It's all about them and they are all doing a great job. Specifically, Captain Harris, uh, who's been my right hand, who is also been the point person on the ISO evaluation we have coming up tomorrow. Super important for us. Um,
he's done a tremendous amount of work. So has Judy and everybody has pitched in. So please uh say a prayer for us for tomorrow because I'm very nervous. It's my first one. So we had some public outreach stuff. Uh believe me or believe with me freedom
run. We had the bike parade remebrance park uh raising of the flag. That was an awesome event. I was so happy I was able to attend that. U thank you for inviting us to participate. And we did do a water rescue drill. Um I believe it was it was it in your neighborhood? Yeah. Um, we
did reschedule that class. I know you asked about that. The November swiftwater class is happening again. Um, Captain Tub, I hope one day, Lieutenant Dodd at the time is in a Palm Beach County officer development class. Uh, very high speed, very high intensity.
It's two weeks. He's going to get his butt kicked, for lack of a better term, and he'll be done next Friday. Um, we're going to go out for his graduation, and we may go out one day this week uh to see how he's doing, but I know he'll do very well and represent us. uh as best he can. Uh we represented at the funeral
for a line of duty death for St. Lucy, firefighter Hajj. Uh we had an engine company out there and there was three of us that were in attendance. Uh it was a great send off for the young man, unfortunately at 26, uh taken way too early in life. Um we have some new
policies, uh new emergency evacuation plan. We have uh the fire investigation policy and the community risk reduction policy are finally 100% done. just in time for ISO to evaluate them. And our lieutenant promotional process is going
to be run through a third party. It'll be Palm Beach State College. And we're probably going to have five to six candidates. I just want complete transparency and no favoritism of any way, shape, or form. So, they're going to run the entire program for us. And we're in talks right now to get that done. Um, we have some time before we
have any retirements, but I need to get that out and get it moving uh way in advance because I do have a retirement about a year from now in one of the officer ranks. Um, we have about 42 applicants for a vacancy for firefighter paramedic. So, I should have a nice
candidate pull to pick from. And we are still working on two different grants. one for medical equipment and one for turnout gear which is pursuant to the new house bill that Governor DeSantis just passed and hopefully we can acquire at least one of those if not
both. So pretty busy month. Any questions from council? >> Thank you. >> Council ma'am. >> No. Thank you chief. >> Thank you chief. >> Thank you very much. >> Hey utilities department. >> Marjorie Craig utilities department. uh
utilities director and there's a lot here on the page and you'll be so grateful that I'm not going to go through each one of them. Um so I want to hit the highlights a little bit. Um to your point about the being prepared for storms, we are you may may or may
not have noticed but out at uh Cypress Drive, we did hire someone to clean out that excfiltration trench. So you um it's actually kind of slowgoing. Apparently, it hasn't been cleaned out in quite some time time and so there's a lot of mud in there. So, we're we're
getting that cleaned out. Um, and but we do also clean out everything. Um, every time there's a a hurricane, we get notified that a hurricane's fixing to come our direction or even just a major storm, we're always out there, you know,
clean out the catch basins and so forth. Um, we've got um many different projects going on. We almost the entire concentration line relocation is almost completely done with the exception of the sample tap. But if it uh you there's
some pictures in here you can see. We're just we're so glad that that's finally done. Also the county line uh road bridge relocation. We believe that the um uh directional bore that they're going to be start setting up everything's
going to happen kind of uh all at once. are going to start setting up towards the end of August. So, um Chief, we probably want to talk about any I mean, I don't think they're going to close the road, but just in case, we just want to coordinate on anything with that road.
Um we also have uh issued two notice of proceeds. One for Dover Ditch, one for Water Main number one. Uh they've done their videoing and their uh the signs. We've put signs together. We're going to put those up next week. they've done
their um it should be starting within by the end of August if not before. So we're trying to let everyone know particularly about water mane one and that's not the same as what's going on right now there. Doug's got the um he's
doing the um sidewalk work. So but we will be we'll have signs. We're going to put it out in the water bells. We're going to put it on the weekly um notification. Hey, you know, safety and um so and and on the website.
So with that, um you've got the dashboard and it shows that we're still trending up uh collecting revenue which is always a good thing um for these projects especially and your CIP timeline. So what we are looking to do
and we met with the manager just to kind of discuss it. There's a in cleargov there's also a a module called projects and so if you go to projects affecting the village projects around village and to the utilities projects and if you
kind of dig down in there you'll see um there's a page that opens up and it um and I'll bring you some screenshots next time but it'll show the little summary of the project the timeline and updates project updates. So, we're we're kind of
playing with that to see if we can make sure that notifications go out if someone signs up. It's just another way to provide that outreach to make sure people know what's going on. Are there any questions? >> Thank you, Marjorie. Council, any comments or questions? >> Have not. >> Thank you, Marjorie. >> Thank you, Mar.
>> Thank you. >> Okay, on to the regular agenda. Under old business, agenda item 19, ordinance number Oh, we have a visitor. Do you want to >> There he is. >> Especially for Council Member Brandon.
He needs to come in and get his recognition permission to approach. >> Hey, it's a Scout. >> So, this is Scout. He's a German wire hair pointer. >> Oh my gosh. >> He just turned. >> You know, you're not that puppy.
>> I thought we were giving him a seat. >> Did you not want to get a chair? Hey, Scall his. You're doing a good job. just got green. So, he's nice mustache and his beard is done. So, he's >> impressive mustache. He's two and he put on 15 pounds. >> He's a big boy.
>> So, really, really quick, was he a part of that crypto? >> He was. >> Okay. So, good job, Scout. >> Krypto. >> So, now that I'm not on the spot, I can actually scout with you. Super playful. >> So, we got him from Belgium. He flew
over and we went right to K9. >> Yay. Um just because he also is for narcotics and for tracking. So for tracking he can find missing and elderly adults and kids as well with lost school. We can track them by
>> awesome a lot of training with the local. So again, I really appreciate the village you guys supporting us, supporting me and my mission down as well as >> right at home. >> So again, council, thank you. I
appreciive Whoa. >> Oh, he's so cute. >> Good luck, Jay being a tough act to follow. >> Have a dog. >> All right, so we are on agenda item 19, ordinance number 5-25,
second reading of a voluntary annexation of a property off Riverside. >> That's a tough act to follow. I will do my best. Ordinance 0525, an ordinance of the village council, a village of the quest of Florida, providing for the voluntary annexation of additional territory owned by Robert
and Amy Swan, to be included within the village boundaries in accordance with article 8, section 2C of the constitution of the state of Florida. Section 171044 Florida statutes is amended and section 4.02 of the village of the Questa charter redefining boundaries of the village of Questa to include all of said real property.
Directing the village manager to do all things necessary to affectuate this annexation. Directing the village clerk to file a copy of this ordinance with the clerk of the circuit court in Palm Beach County. Chief administrative officer of Palm Beach County and with the department of state within 7 days after adoption providing conflicts clause sever building clause effective
date and further purposes. >> Okay. >> Good evening. Jay Hubs, community development director. Uh so second reading um this past 501 first reading. Um the swans who are voluntarily annexing are not able to make it tonight, but they do really want to come out. So, they will be here at the next council meeting to just kind of
introduce themselves. And uh that's really all I have. Nothing new to add. >> Any comments or questions? No comments since last time. No, I just want to thank the property owner for um voluntarily annexing their their property. And I know that's an effort that council and the village has been
working on well before my time. I think even well before council member Brandon's time. So, it's a it's a big deal for us to have that. Is there any public comment cards? Any public comment? Can I get a motion? >> So moved to second. Second. >> All in favor? I >> I.
>> On to new business. Agenda item 20. Special exception use 01-25 for a uh fast food restaurant with a drive mobile drive-thru. And mayor, if I may, uh, actually this
agenda item number 20 and the the agenda item immediately following agenda item 21 are both quai judicial proceedings. Uh, with your permission, I can take care of the swearing in exparte disclosures and through preliminary comments at this time. Thank you. If you
are going to be um speaking uh to the village council on either agenda item 20 or 21 uh the special exception use and the site plan modification for 150 to Quest to drive. These are both quite judicial proceedings. Your testimony needs to be under oath. So I need to
swear you in. I'll swear everybody in together. If you'll all please stand, raise your right hands. Uh if you're going to be testifying, do each of you swear or affirm under penalties of perjury that your testimony to the village council and these items will be the truth, the whole truth, and nothing but the truth. >> I do. >> Thank you. You can all have a seat. I
need to come back to the council. Uh if any of you have had undertaken any exparte activities, uh including any discussions with staff or applicants or anybody else, done any site visits, consulted with any third party experts or done anything uh like a site visit.
Um, while those activities are permissible, they do need to be disclosed on the record at this time in order to remove any presumption of prejudice uh from having done those activities. >> None. >> Nothing specific other than driving by to CVS and being kind of on the
property. >> None. >> Uh, none. You mentioned discussions. I've had a discussion with the village manager. That's it. Not with the applicant. >> Okay. >> I've had discussions with uh Jay and Jeremy and I've also visited the site. >> Thank you. And then just uh before we uh
begin, I just want to remind the council um as quasi judicial proceedings um your role is to apply the uh evidence that's in the record at tonight's hearing against criteria in our code which are part of
the applications and make a decision as to whether or not the applicant has met um by evidence met their burden uh to establish those criteria. When we get to the point in both agenda items where a motion is going to be
made, I would just ask um if it's a motion to approve, that means that the maker of the motion believes all the criteria have been met by evidence. Um however, if there's a motion to deny, my request would be that the maker of the motion identify the criteria that you
believe has not been met. That way uh the record will be clear and I can prepare the appropriate uh order that memorializes the denial. So with those comments and that procedure under on the record, we can proceed with the agenda items. >> All right, Jay, now the floor is yours.
>> Thank you. >> Uh Jay Hubs, community development director, uh presenting a special exception use and a site plan modification. I've got them in in one presentation. I think the applicant does too, but of course you'll have to make your motion separately. Uh property is located at the southwest
corner of Tquesta Drive in US1. It's in the MU mixu zoning district. It's in our US1 zoning overlay. It's a 6,099 foot former banking facility that was constructed in 2004, but it's been vacant uh since 2022.
So, here's the current site. Has three drive-through lanes, as you can see. Uh has the Mediterranean architecture. Uh here's your proposed elevation. This is looking from the corner of US1 and to Questa Drive. Um, so the drive-thru that's going to be proposed is on the
other side of the building here. So this is a conceptual elevation that was shown to you all in June of 2024. So you can really see how the architecture has evolved. I think the council was not in love with this original architecture. And so uh, you know, we think we we work with the applicant to to make it much
nicer just again for reference. So, so this project needs a special exception because it's considered a fast food restaurant um which are required in the in the MU uh zoning district. Um in recent years, the village council
used to take special exceptions the council before the site plan application. It's kind of a cumbersome process. They'd have to get the special exception and then come back, go through development review process and come back a second time. So, we've done kind of what most other cities have done and and done them together. Um, we also did this
at 358 Cyprus in early 2025. And I've got an example here that this is how it was done in 1996. So, we're just streamlining things and and doing them together. But, uh, of note, the U planning and zoning board does not look at special exceptions. We are going to change that in the code when we do our
code update soon. Um, so they only looked at the site plan here. They did not look at the use of the the property. In terms of the zoning overlay, as as you know, as was talked about the last workshop and tonight, um Senate Bill 180 has rendered um the more restrictive
aspects of the zoning overlay null until October 1, 2027. Um however, that's not really even in play because this application was actually submitted the day that the zoning overlay was adopted. So, it it's vested to what the code was at the time
it was submitted. So, the overlay does not apply um for that reason. and not just from Senate Bill 180. Um the real major implication though if the zoning overlay was in place, the the real implication is that they would they would have had to get a special exception for the formula restaurant
criteria that remember that we created. Um but there's really no other real things that would be impacted. So the civic open space would not be mandatory because in order for people that had to provide civic open space, you have to add 20% of gross floor area to the site.
They're not adding any gross floor area. So, if the overlay was in place, they would not have technically had to provide civic open space. Uh here's here's the site. I know the applicant has a much much better graphic of what the site looks like. Um but as you can see, the fast food um it's a
it's going to be a Chipotle. There's going to be what's called a Chipotle lane on the um southside. And it's kind of a kind of like a walk up drive up. you you pre-order, but it's not like your typical drive-thru where you order at a menu board. Um, you order in
advance on an online app. I know Troy Holloway will will provide more detail on that. In terms of traffic, um, the traffic study they provided, um, has the amount of trips that were originally generated by the old use, which was the the drive-in bank, and then it has the total
total uses of of the new project. So if you look at the bottom line, that's the net new trips generated from this use above what the bank use was. So 774 total daily trips, 375 of those are passed by. Those would be trips that are
just kind of they're going by anyways. It's not new traffic technically created. Um there would be 399 new trips and then there would be 43 a.m. peak hour trips and actually a reduction of 7hour PM peak hour trips. That's because drive-in banks, uh, four to four to
five, four to six is their peak hour. So, um, so that's that kind of explains that, um, the applicant did get a, uh, approval from Palm Beach County's TR transportation department, uh, traffic performance standards approval on March 6. So, that shows that it meets the the
county's concurrency transportation standards. In terms of parking, our by code, they're required to provide 77 spaces. They're providing 79, so two extra spaces. But they did provide a shared parking study that shows that their their actual parking demand should only
be about 62 spaces. And that's because the office use and the fast food use kind of have some synergy, right? Uh the uh medical office is has a 100% parking demand from 9:00 a.m. to 400 p.m. But 10% from 600 p.m. to midnight. And then
of course during lunch hour um when the Chipotle would kind of have some peak use there would also be um probably less less utilization of of the uh medical office that's proposed. U but again not not not necessary because they technically are meeting code but they
did provide that just just to show that the actual parking demand will only be about 62 spaces. So in terms of special exception uh review criteria, there are six different criteria here. Um it's a permitted special exception use. It's located and
operated so that public health, safety, and welfare will be protected. It will not cause substantial injury to the value of other property. It's compatible with adjoining development. There's adequate landscaping and screening. Adequate off- streetet parking and loading. And ingress and egress is designed to cause minimum interference
with traffic on abiding streets. There's an additional uh nine other criteria that that have to be met and uh council has to find that it it meets these before it would approve the project. So compliance with the comp plan again ingress egress off- streetet parking
nuisance utilities screening buffering compatibility and whether it's kind of in scale with the neighborhood. Um that is it for the special exception. Um, I will let Troy do his presentation and if the special exception goes through, I've got some other stuff to to
present on the site plan when he's done. Uh, and Troy Holloway from 2JHL will be presenting pres. >> Uh, good evening. For the record, Troy Holloway with 2GO. Um, I've also got with me here tonight, uh, Will Crowden
with he's also with Chipotle in case any kind of general questions come up regarding Chipotle as well. Um, hopefully, uh, this is the last time you have to see me tonight on this parcel. And then we've been here, I think the last year and a half. I think we first came through with a Waw Wa. We've looked at Trader Joe's, we looked at banks, and
then we ended up with uh, the conceptual about 14 months ago. We came through with the conceptual. So hopefully we've gotten everything worked out. We've worked a lot with your staff uh on the architecture and a lot of the site plan to get to where we are today. Um we're here tonight requesting a site
plan and special exception approval uh for the redevelopment of an of the existing uh and vacant 6,99 foot building that currently has three existing drive-through lanes on a 1.4 acre property which is located there at 150 Tquesta Drive which is the old Bank
of America site. property is currently zoned a mixeduse district uh with within the recently adopted US Highway 1 overlay. Our redevelopment proposal consists of 3,499 square foot medical office use and a 2600 square foot fast
food restaurant with outdoor seating. The tenants do include Chipotle and the H Heartland Dental. Uh obviously you guys know where this site is. southwest corner there to Questa Drive and US Highway 1 surrounded by a lot of miscellaneous commercial
uses. To the east side there, US1, we've got the commercial plaza. To the south, abuing the the property line there, we have the CVS. Uh to the west, we've got Paradise Park. Um an existing and an existing three-story commercial mixeduse building. Uh on the north side of
Toquesta Drive there, we've got a couple of office buildings and one in a three-story office as well as the existing Shell uh gas station on the corner. This is uh the the proposed site plan. Uh the majority of it is an existing
site. We're not doing a whole lot to the to the property itself. Um the yellow there, that's the existing uh drive-through lane. three large uh drive-throughs, look like three cavernous drive-throughs that will be removed from the building. Um there's
currently about four or five existing vehicular um entries and exit points to the property. Those will all remain um and stay as they are today. Um we're going to be adding uh some angled parking on the south side, which we can do with the removal of that uh
drive-thru large structure there. Um and these are the uses within the building. On the north side would be the H Heartland Dental taking the majority of the building and then Chipotle would be located on the south side where we'd have the drive-thru and and the Chipotle lane pickup window as well. Out in front
of Chipotle we'll have some outdoor seating. Um and also we've got the covered arcade on the building which would remain actually I think this gets a little bit larger that'll remain on the building as well. On the corner uh we've got the existing Toquesta monument sign which would remain as it is. Um
here in the back on the west uh property line we've got some some shared uh recipro reciprocal uh shared parking spaces part of a shared parking easement. Those will remain as they are have they been since the last 20 years.
So those will stay as well. As far as landscaping we have proposed a full renovation of all of the understory that'll all be removed. Um it's all very old, at least 20 years old. Um and most of the trees and palms will be removed and replaced. We will keep pretty much a lot of the gumbo limos which are nice
and a lot of the oaks but some of the trees just aren't they're just old and haven't done so well. Um some of the site data that's again it's 1.4 acres. Uh the building area the current building is 6,99 square feet. We're not adding or reducing any square
footage to the building. Um the outdoor seating would consist of 24 seats. Uh we have some tables and umbrellas which would uh add to that. Uh the existing open space is currently 26.5%. We're actually increasing that to 28.7% open
space. Um and 25% is the minimum required by your code. Um as Jay had mentioned, the code parking required is 77 spaces. Uh the shared parking is 62. We're providing 79. So we're we exceed both of those. Um the reduction in
building lot coverage is 23.2%. We are reducing that building lock coverage with the removal of the uh drive the drive-thrus at our PZB meeting at the end. Uh they that was brought up about our freestanding sign. Um in this little
snippet here, this is the front of the property on US Highway One. This is our proposed sign location. Um your code has a minimum setback of 10 feet from the property line. Um and in this particular location, the sidewalk is actually not on the property line. kind of sits about
9 ft off. So with our proposed location there, we're about 19 ft off of the back of walk. Um the existing sign that's out there is about one and a half feet from the property line and so about 10 and a half ft from the from the back of walk. This is the sign that we had previously
gone in with and went to PCB with which is a 16 foot overall height which your code does allow for. Um so we have uh per their request we have dropped the sign 25% uh reduction down to a 12t height. Um so this is what we are
currently proposing. Uh we've added some architectural features of the sign. This on the top we've got the decorative aluminum grill which is a feature on the on the proposed architecture. We've got some stucco wood siding look on the bottom which is also part of the architecture. and the owner just asked
that we could continue to keep the 60 foot square foot sign face which is the maximum allowable by code. Um and here what we've done this is the view standing in the middle of US Highway 1 looking south. Um as you can
see that's the existing uh approximately 7 foot sign that was for the bank. Um and this is the proposed sign. We just wanted to show this to to show that it really is not it doesn't look that large from US one and it kind of needs to be a little larger because there is so much
going on out there today. We've got the Royal Palms which will be replaced but they'll still be there. We got light poles. We got street signage and it's the view coming from the north is actually not any better. You don't really see it until you hit the turnland because you can see those palm trees in the median. So you don't have a whole
lot of time to see the sign even coming from the south as well. Um, I think I'd shown you some of these in the preapp about 14 months ago, but this is some Chipult Lane facts uh on the drive-thru. Um, it does allow for customers to pick up an order without
having to park their vehicle and walk into the restaurant. Uh, the customers cannot place an order at the menu board or pickup window. Um, there is no menu board, so they definitely can't do that. Uh the pickup window is only available to those customers who have placed a prior order via their Chipotle app or
through the Chipotle website. Payment of the order is also made through that app or the website. They can't pay at the window. Um if the order isn't ready when they arrive, they just uh or they arrive early. They're asked to park and the food will be brought out to them. Um they've done some studies on some higher
volume stores. So these last two things I think are probably about double what this store probably would have. On the higher volume stores, uh they had they had shown the average of only two customers in a lane at a time through the in the drive-thru and an average time at the windows about 1 minute 13 seconds. And again, these were some high
volume stores like Columbus, Ohio, I think Los Angeles, and some high volume locations. This is the architecture on the top of course is the building you recognize, the existing building. The bottom is the proposed uh elevation. This is the east
elevation facing US1. Um, the architecture maintains the covered arcade as I mentioned. It removes some of the large the large bulky drive-through structure as you can see those very huge tunnels there on the left. Um, it removes the dated Spanish Mediterranean style and finishes on the
building. Proposes a light airy coastal architectural style. Reduces blank walls and increases window openings. It also utilizes light softer tone colors of silver aberine green and some muted whites. Um, again, this is the the top is the east elevation. The bottom is the rear
elevation facing west. Some of the features are the silver standing seam metal roof. Um, that is the aluminum decorative screening that we've also mimicked onto the freestanding sign. Uh, they got some brackets and exposed rafter tails throughout the building. Some louvered shutters all the way
around the the structure, decorative lighting, um, and also the uh the stuccoed horizontal sighting look which is also all around the building. And we've also mimicked onto the freestanding sign. These are backwards. I apologize. The top is not north. It's actually the
south side. That's the drive-thru side of the building on the top. And the bottom is the north elevation which be facing to Questa Drive. As you can see the amount of windows. So on the south, north and east side is the building is full of windows.
This is the 3D rendering. Again, this is just the east elevation there on the left side and the north elevation on the right. Uh you can see the amount of windows and all the detail. They've really done it. The architects I think did a great job again with your staff's help. I mean it didn't look like this in the beginning. It took a few renditions
and actually a whole new architect to get to this point. Um and the arcade in the front really makes it nice. I I think it looks great. Um in conclusion, the project does adhere to all development regulations of your mixeduse zoning district. Uh the redevelopment of
this existing site uh does strive to meet as many of the proposed US Highway 1 overlay requirements as we could as we could. Uh the redeveloped architectural styles in conformance with the architectural design guidelines of the commercial corridor master plan. We are requesting no variances as the project
does meet all special exception and site plan review criteria and is compliant with all your zoning codes and comp plan requirements. Um, as I'd mentioned that all old overgrown existing landscaping will rem be be removed and completely refurbished um, exceeding your code. And
lastly, this redevelopment will place an active vibrant use in a vacant structure on a main corridor once again revitalizing this prominent gateway parcel within the village and will set a standard for other parcels to follow. >> Thank you. >> Thank you. >> Thank you, Troy.
>> All right. Okay. So, I think um the first item we are going to consider is a special exception agenda item 20. And Jay, can you come up to the podium, please? I just I want to be clear so everyone's
on the same page. We're specifically um approving or denying the fast food use. If there's questions or comments on the mobile drive-through lane, is that to be saved for the site plan application or would that apply to the special exception?
>> That would be part of the use. I mean, if if there were concerns about traffic or impacts on ingress and egress on other properties. I think that's that's more of a use question than a site plan question. 50. >> Okay. I just want to get put that on record because I know now that we have
done them together sometimes we get convoluted what we can talk about on which application. So thank you for um confirming that and council I'll open the floor. >> So can you just repeat so this item we're commenting on what are we not
commenting on >> site plan? Yes. No site plan comments. We're strictly going to address a special exception used for the fast food. And if anyone has comments on the um mobile lane, drive up lane that we could bring it up with this application.
Not okay. >> We don't have to wait for this. >> But as far as if we wanted to comment on the overall aesthetic design of the building is that we're not even going there. >> We'll wait for it 21. >> Fair enough. So this is just the Chipotle lane. >> Okay. >> And the fast food use >> and the fast food use. Okay. So thank
you Troy. Appreciate it. Um, in the past I was vocal about the use and just given the it's the gateway like we addressed. Um, and it's not because I don't like Chipotle. I actually love Chipotle. It's just, you know, it's the whole not in my backyard kind of argument that but um,
you know, the more I've thought about this, you know, I think we all would have loved to have seen, you know, make it maybe a local more unique use here. But the fact is this property sat for three years and nothing's happened. no one's tried to do anything unique with it. Um,
and so, you know, with that thought in mind and the fact that it's not a Waw Wa, um, and I have to point out, it's kind of, it's interesting. We never have council meetings on Tuesday and today's Taco Tuesday. So, just got to point that out
there. Um, but yeah, I, as far as I can tell, all the special exception criteria, um, the review criteria has been met. Um, so I don't have any objections to um the special exception. I I do like I've never been to a
Chipotle that has a Chipotle and I think it's cool. I think there's probably a little bit of misinformation out which happens with residents. They hear drive-thru and they're assuming this like stack drive-thru. That is not what this is. I'm confident of that. Um,
all in all, I I don't really have any objections to it. I'll I'll comment on the the design on the next item, but um again, the review the review criteria has been met as far as I can tell. So, uh I have no objections.
>> Okay, let me keep this organized. Thank you for clarifying that. Yeah, >> because I know we go down this road. All right, sticking to what this item specifically is for. I do have concerns on behalf of some residents. Um I feel like I'm getting
more higher percentage concerns for it than the other um percentage is lower who would want a Chipotle. Now taking out the name Chipotle, part of what we look at when we have these things come to us is does it fit?
And unfortunately, I feel like we have so much Mexican food everywhere and it's so it's just such an easy food to make. I don't know if we need more of it. So, I'm not really saying no to fast food, but I think for me, right this split
second before I hear public comment and my fellow council members thoughts, do we need this type of fast food? There's so many options out there these days, you know? I mean, so many options, right? and so much farm totable and creative things. And I'm not I don't
want to say another company's name because I really don't personally like them, but I know they're popular and I think it'd be more fitting. So, I'm kind of torn between does this even fit into Questa. And once it's here, this use, you know, it's here and
then let's say it doesn't survive and then the next person comes in and let's say it's not even as good as Chipotle. I mean, I have to consider those things for future because it's not always us sitting up here either. and the residents like to stick around. We don't have a ton of movement. People who are selling their houses tend to be retirees
or unfortunately they passed away and the family is selling the house. So I consider residents stick when they move here. They're here and they're dedicated. So I'm going to listen. Um I'm really not fully decided yet. I would like to hear full circle and I'll
pass the torch to Mr. French. >> Thank you. First I need to make correction. Um, I did speak with staff previously on this item and I don't know if we need to go back through or if it's just on record. I did speak with staff so I apologize for that mistake. Um, on the special exemption, I do not believe
it meets the criteria of item number eight uh whether the change is uh in scale with the neighborhood. So, I'm a no on the special exemption for this proposal. Okay. Um, thank you um to for to the
applicant and for coming back again again. Um, a question for for Jay perhaps. Um, this I want to be make sure I'm clear again and in basic terms this special use exception, right? Is this for because it's a fast food or because
there there's it's the pickup lane or is it because under the existing zoning which overlays don't even come into play? Yeah, our definition Yeah, I mean our definition of fast food is is right here. So, um
it's it's generally for for the for the drive-through lane or the the takeaway lane. >> So, it's a permitted use with a special use exception. >> Correct. If if they didn't have the fast food lane, it would be a permitted use. >> It would be. So, all right.
>> So, without So, without that, we wouldn't be having this discussion. So if there was no pickup lane and I think that that definition is out to be debated. The reason I ask is is that is that if if there was no kickup lane would just
be an approval by by right. So we wouldn't be and then what an approval by right. If we deny that approval by right what is the recourse for the applicant and what position is the village potentially put in if we deny an approval by right?
Keith and I are both rereading this. >> I'm looking up the zoning code right now myself. So, good question. >> Yeah. So, this is off the top of my head, but restaurant takeaway is a permitted use in in the MU district. So, that'd be
like like three natives, right? Which is more of you. You go up, there's a preset menu, you take it away. you're generally there are some seats there but you're generally you know taking it to go um I believe it would qualify as that
but the way that this is written >> so the the definitions do not specifically refer to drive-thru through, which is where it gets >> tricky. So, I I might need Keith to apply on this. >> Yeah. And is it semantics, drive-thru, walk up, pick up?
>> Just trying to determine if what what's the purpose of what we're what do we what can we approve or what can we not approve? >> Sure. We're looking at the code. >> Thank you for your patience. >> I should have come prepared for this question. I apologize.
>> It's hearing all the presentations. This is what came to me. It has to have all >> Keith. Are you looking up definitions? >> Yeah. So, the the code For the mixed juice zoning district, a fast food restaurant has to obtain a
special exception. The code has four elements for the drive up window that have to be met plus all the special exception criteria that any special exception use has to meet which uh were gone through in the
presentation. So, it's both. It's >> they both need to be approved. >> The drive the >> the use as a fast food restaurant, >> the drive window has the code has stacking lane requirements, bypass lane
requirements, US1 frontage. I don't think there's any question this has US1 frontage. And then a landscape buffer requirement. So those things have to be met as well as the criteria that were discussed
during the presentation for a general fast food restaurant which is up on the screen right now is the definition for that. >> So it it see I'm confused if we have for the walk up or the drive up or whatever it's called the window there are there are exceptions to be met or conditions
to be met but yet we can't talk about that because isn't that site plan? >> No. So, um, if you don't mind, I So, the way I interpret it when I was reviewing this, you know, over the weekend was this is coming before us because it's fast food. Um, whether it had a
drive-thru or not, it had to come before us because it's listed as fast food. So, that's why I brought up can there is a drive-thru component on this. Is this something that we address on the special exception or site plan? and both parties say special exception and it does have
under that special exception use it has criteria for a drive up window with stacking and how it should be marked in design and whatnot. >> So you're saying fast food triggered the special exception that we're speaking on. >> That's how I'm reading it. >> Fast food restaurant triggers the
special exception in this zoning district. In this case, you also have the drive up window which has four additional criteria in the code that have to be met. Talking talks about stacking the bypass lane,
the US1 frontage and the landscape buffer. >> And Keith, I think >> you sort of have you have both things. >> And I well, I think what Mr. Stori was saying was if the drive-thru wasn't there, would they still need the special exception? still need a special
exception, but the drive-thru criteria would be irrelevant. >> Okay. But in this case, there is a pickup window or a drive-thru and we based on, you know, we had wasn't part of the presentation, I don't think. So those four things we assumably would be
met. Landscape, I think, y would be met. Um, thank you for somewhat clear clarifying that. Um the ingress egress here's my concern and and it falls under number two for of the
review. Is it designed located and proposed to be operated so the public health safety welfare and morals I'm focused more on the safety and perhaps the the welfare. Um next door is the CVS who's got a drive-thru that goes east to
west. This will come around the building. Well, they'll come in off of US1, which can cause some problems if it's going to be a very successful, busy restaurant. We got backing up coming. They're going to be U-turning coming north to either U-turn to get in off of US1, then to or
to turn left, cut in through Italiano, go down Main Street. Um, so we've got CVS going one way. We've got the people going around the building causing what appears to be a little bit of chaos. the pickup window. If it's not ready, they're going to drive around or go park and it's going to be walked out to
somebody, which is not your typical drive-thru. Typically in a drive-thru, it's they just unfortunately most places just back up. Um, and don't forget, we have the Harvey School just to the immediate west of that, which is a
pickup lane. I don't know where the pickup lane comes in, but I can see the convergence of CVS people trying to leave or enter the west the southwest corner of this subject parcel the Harvey school lane either coming at coming east
or going south on the side of the building and just a convergence there. People walking across the to the pickup lane because the I see the they're ang they would drive around the building still not there. They would park at a diagonal facing US1. That's what it looked like. And somebody an employee
would have somebody's have to walk across that to do that. And I know that studies have shown only two people would be stacked up and average weight times a minute and 13. But I have a I have a big concern with the safety under number two um for just that parking. And can Troy,
can you address that or >> uh Yes. Um, actually that's the the traffic flow that's proposed is exactly the way it operates the last 20 years. I mean it it's all one way from west to east on the south side of the building with the three drive-through lanes. We only have the one um plus a pass through
lane. That's the way it is. >> It's exactly that laid out and the crosswalk we're showing is in the same location that it is today. >> Yeah. I don't know if the Harvey School was there when it was an operating bank. So it was there >> when the Harvey school moved to the current location or when they were on drive
>> was um large but it was there. >> Okay. And >> over the years we've extended her floor space. >> Yeah. And I believe they also utilize one of the vacant parcels on Paradise Park as we call it for their green space and their PE. So I have concern about that. So just saying I've got a concern with that. >> Hopefully we'll have less traffic there with only one one
>> number. And then number six on the review criteria, adequate off- streetet parking is nothing ingress and my same comments. The ingress egress um without interference with traffic on abuing streets. I think people U-turning to get in is going to cause a problem. Um this is not a Chick-fil-A, so we're not going
to have cues wrapped around the building. Um but I have concerns. I'm not saying no, but I have huge concerns with two and six. And a comment was made before a prior presentation was waw wa you know and I made the comment then and I'm saying it now welcome to Tqua here's
12 lanes of gasoline this is I think the entrance to our city and I feel that what we're welcome to toqua and as much as we landscape it we still got a Chipotle at the entrance to a city that was founded 1957 and really hasn't thrived on fast food formula
restaurants. Um, so I I'm struggling with this because I the use, the layout, the pickup window, um, and just the overall compatibility and, uh, and public outcry. You know, again, while I've received probably 12, 13 communications via text and of which
I've all put in the public record for the record. Um, that uh, they no one's texted me and saying, "God, I can't think, God, thank God we're getting a fast food restaurant, you know, and I'm elected. I feel my job is listen to my constituents and I have not it's been 14 to zero. That doesn't mean there's not
another 6,100 people that think it's the greatest thing that we're getting that. But I have some concerns. I'm really concerned with the ingress egress and the safety is my biggest hangup at this moment. So, >> um the the ingress egress I mean I've drove around it a couple times myself
understanding it's vacant. Um there were some cars parked in that parking lot which I'm assuming are part of the shared parking agreement maybe from the building um behind them to the west but um I know in the in the um backup we
have in the traffic study there was not FOT approval for US1 and can you explain why F dot because that would maybe bring up some of the concerns you have with U-turns and ingress egress off of that your concern was a US1 entrance >> yeah the first three or four times if
somebody's going to go before they realize they can turn on to Quester Drive, but then they're going to wrap around the other building to get into that and then they're immediately beginning to go in the face of people leaving the CVS. I just have concerns with the traffic flow >> and the fact it's right where it's located within our village.
>> I know the county said it meant their standards, but why does FD do not review it since it's coming off US1 as well? >> Good question. Yeah. So, because it's an existing curb cut and they're not adding a new curb cut, then there's no it doesn't trigger an FOT review.
>> So, even though there's a change of use with the property, they don't care. >> Correct. >> And with 400 additional new trips, net new trips, that doesn't trigger anything. >> Okay. >> Absolutely. And then with the uh special exception
is I understand it's for the fast food restaurant, but does that is that just for the Chipotle or if if it ends up being a different fast food restaurant, can they put anything in because we approved a fast food restaurant or would they have to come back
um for another restaurant if if it were to change? >> So you're approving or denying the use, not the brand. So whether it's Chipotle or any other
fast food restaurant that could use the same configuration that's been presented to you tonight, it doesn't matter. It's again, it's the use, not the brand. So, if you approved the use as presented
with the traffic and the buffering and and everything the the way it's been presented and Chipotle came out and someone else came in under the exact same configuration, that would be permissible >> within we have the 90-day clause, right?
So, they'd have to um come in within 90 days of that um because it's a the non-conformity, >> correct? Yes. >> What? >> So, so if another if another if the same exact use came in within 90 days of who, let's say you approved the fast food
restaurant now, >> if they if the other one opened within 90 days of that one closing, they would they would be vested in and grandfathered in. But if it goes past the 90 days, they'd have to come back in for use by exception. >> And that's part current code, not >> that's current code. That's non-conforming code. That's pretty
standard in most cities, >> right? So that in that example, you would presume that Chipotle comes in, gets approved, opens, operates, closes. Somebody else comes in within the 90
days, they could pick up the ball and run with it. If it's more than that, then uh it would expire and they'd have to come back for another approval for the special exception. Could a condition of approval be added that if it's anything other than a
Chipotle, they have to come back? >> I'm not I don't think you can condition it on again on on the brand. >> Okay. >> It's the use. It's not the brand. >> But what if what if they came in and they wanted to have a drive-thru, but a significantly modified drive-thru that is not.
>> So that would be different. If if it's different and it affects the special exception criteria, which in this case to drive up part of the use has four specific code sections that have to be addressed. So, if there's a change,
>> that would have to be brought back and you would have to make a determination that the change still complies with the code. >> Got it. Thank you. >> Okay. Um, and I know that I'm kind of hung up on the on the mobile the drive-through line because I know
that to me it is you have two lanes of ongoing traffic. There's really not a delineated there's a walkway to the east but you know if cars are parked more you know west of that like I am and people walk up to the window or like you said the staff is walking out I have some
concerns with safety there um I guess and I read the like 100page Chipotle lane whatever report it was but what what's the huge benefit or is there a huge loss if that drive-through mobile pickup lane goes Okay,
>> I think it's >> Can you come to the podium and just state your name? >> Hi, Will Crow, real estate manager for Chipotle Mexican Grill. Thanks for let me letting us be before you tonight and uh appreciate uh the time. So, the uh operationally, it's what our leadership
wants. It's what our guests like to have. um instead of you know uh you know similar to a Starbucks or another uh fast feeder uh you know maybe somebody with a car load of family or you know they just don't have time to come in. So um it's operationally what we would
prefer. I could take it back to our leadership though if it's something that the council has an uh issue with and see if we might be able to uh proceed forward without it here if that's a a big deal for uh the residents, the community and the council.
Okay, thank you for commenting on that. Um because maybe there could be some improvements with the traffic flow if that's gone. I know um because I know with Starbucks they did a landscape buffer to buffer that lane and then also just from aesthetic point to kind of hide it.
>> Sure. >> I when I was talking to Jay, it looks like that's a striped um just like a striped line between the drive aisle lane. >> Yeah. Perhaps a perhaps an actual curb could be added. Again, I'm not a >> but I don't know because I don't know if fire will have the required space they
need. So, there's really nothing to do there with a buffer either >> for safety. Um >> because I think the overall dimension because I think fire needs 20 feet. I can't 20 feet. So, you're we're kind of restricted there with that as well. Um
so, I'd be I'd be more inclined to okay this without the mobile lane. Um just I know we're trying to get away from that. >> Sure. Um, and I know I even since this meeting, we've received some emails of people not in favor of Chipotle. I've talked to a lot of people that are in favor of Chipotle. So, for me, I'm
really split on that aspect. Um, >> well, we appreciate the opportunity nonetheless. And, um, you know, we're we know we may not be for everybody, but um, we really like to embed ourselves in the community. We will probably create about 60 jobs here with this restaurant, and we like to hire from within a
community. and we would be proud to be a part of of uh your town and uh again I appreciate the time and uh like I said uh if we if it came down to the you know it's not my ultimate decision but happy to take it back to my leadership on the
uh Chipotle lane and if that were to be disintegrated uh if we would still proceed. My guess is is probably yes but I can't go on the record officially to say that because it's not my decision. >> Okay. And then if we in my opinion if we were to get rid of that and say Chipley doesn't come in and someone else were to
we kind of mitigate I think that risk of having like a more intense drive-thru down the road. I mean someone could always remodel the building but then again that would come to us versus someone just be able to kind of trying to use what's there. So again maybe a way to mitigate those concerns in the
future too if something else were to go on that space. Um, and then the parking, I don't know if that's supposed is the parking supposed to be addressed with this or I know there's the criteria that you kind of brought up with the parking any ingress egress, but any parking concern should be with the site plan
modification >> should be the site plan. >> Got it. Okay, I will take uh council, any other comments or questions? >> I'll make my final comments after public comment. >> Okay. Is there any public comment cards tonight, Lori? >> Nope. Any public comment?
We don't have any public comment so but I would like to say for the record I know many of us have gotten texts calls emails other forms of communications and again for me it was it's mixed but it for when I measure what I've heard it's heavier percentage on one side after
listening and looking at the map and I am a family um I I like drive-throughs um for obvious reasons I've been in the position where I've had a baby sleeping and it was nice to be able to go through I see I try to look at every angle. I've been in every situation, but again, I'm
looking at our village. And I say village on purpose. Um, even Starbucks has the more modern. Okay. So, I'm looking at your use. The more modern way of these businesses doing is not even a pickup window anymore. So, I almost
after listening don't think you even need that. You could just do the mobile app because you're already really focusing on the mobile app, online orders, have them park. I feel like that is safer than having parking plus pulling up then having them go park because you're not ready yet. Not you,
but the food. I think you should just eliminate that all together and just stick to mobile ordering and having an employee deliver it so you have less people coming and going. I'm also an advocate for if you don't have a baby or it's not downpouring, send your teenager
in there. make them go in there and do some work and pick up their stuff. So, that's where I'm kind of sitting right now is I don't think we need the window or the drive-thru. I think we should just eliminate that. Plus, for me long term, if Chipotle doesn't make it, what
comes in there next? And I think that safeguards the village as a whole. Um, so that's where I'm sitting after listening. And I I want to bring up what council member Painter mentioned when he started off this conver kicked off the conversation. That property has been
sitting banket for a long time and it looks awful. And in my opinion, the next agenda item uh that we're discussing is a beautiful building that they went out of their way to make nice and fit into Questa. We had awa come here which was a
hard no from everyone I believe up here. And then we've had even local businesses, existing local businesses come with conceptuals and they kind of got some negative feedback from some councils. So, you know, I'm always kind of like, well, what's next? You know, we could
approve or deny this and if it gets if it were to get denied, like what's the next best option? So, I feel like you're always at that risk. And there's been several things at the property already. And um everything I've seen on the next agenda agenda item, it's a it could be a beautiful improvement there. Um, I do I
would really like to see that mobile mobile window go away and have no drive-through. I think maybe it could they could rearrange it and it could mitigate some of um the uh circulation concerns and safety concerns there. Is that doing could we could we approve it
with a condition of approval to remove that window? I think that's an excessive condition of approval, but the applic you you could ask the applicant what their position is on revising their plan to do that. But I
I would no, I don't think that you can impose that condition and and force that. You get to approve it as presented or or but that's what's presented at the moment. So >> that's what I was going to ask if if maybe it would help if we you know he
will they take it back to the their you know higherups and they talk about whether the drive-through is definitely needed or not needed would it you know we could postpone it look at that and if they agree to that we could look at the site plan without the drive-thru and bring it back. way. I don't I don't I
mean I sounds like there's kind of mixed use or mixed uh concern with the use itself, but you know, if we could take a look at the plan without the pickup window and bring it back in front of you. >> For me, I would appreciate that, but
there does there's been kind of a mixed bag of um concerns with the use. So, I I I don't want to waste your time doing that. So, should we I don't how would we address that? just poll counsel on if because I guess if do we vote or do we not like how do we address that? So
because like I said I don't want to waste your time if it's going to be no regardless because some you know don't want a chipotle then you know it's >> the building itself is the next item. Well, if the applicant requests the item be postponed to take that step,
then that request could could be formally made and you could um the item could be tabled until they come back. Um, >> including the next agenda item, >> they both >> agenda item 21 is dependent on agenda
item 20 being approved. There's no site plan until the uses is approved. So, uh, they would they would both you'd hit the pause button on both >> if that request is made. >> Mayor, can I make a comment? >> Absolutely.
from living here um since like 2011 and visiting before that just historically when we look at the use those aren't sticking anymore in the village and that's kind of what I was trying to say earlier is I almost would love to see a
revisit of what could be the other half of that building for the use I'm not saying it has to be non-food it could be food but I'd like to I'd like to see if you guys would consider that because Subway left Um, what was the other? Wendy's left. Pizzas are super competitive. Mexican is
very competitive. They come, they go. And that's where I'm kind of sitting with the use is I still don't think it fits the village. And I'm just going historically and factionally, too, based on what's been coming and going. And that's it. >> If it helps the decision at all, I'm going to know either way if it's
drive-thru or not drive-thru. I >> I would I would I would concur. Um, not only do I have concerns with the um, ingress and egress, um, I just don't think it fits and and Councilman French had talked about one of the other criteria and I I don't think it fits.
Um, I really want that building to to be occupied. I just don't think this is the use for it. So, I would imagine I can't imagine in in fairness to the applicant, I can't imagine no walk up window is going to change my opinion on that. So, I just want to I want to be fair to the mayor's comments. No,
>> exactly. Thank you. So, let me add a couple of comments. From a qua judicial hearing standpoint, your your decision needs to be based on the evidence in the record. So
if you believe that regardless of the drive up window, there is still some special exception criteria in one through six that's on the board because if the drive up window
goes away, the other code criteria become irrelevant. based on what's before you tonight. I think that's an acceptable position to take, but it would be inappropriate to
presuppose something based on a future presentation that hasn't been made yet. If if if that if you understand what I'm saying, >> as it stands tonight, two and six, I I am I am convicted in and that two and six would do not meet the meet the requirements. That's
>> regardless and your and I understand that's that's your um that's what you believe based on the evidence, but then that's regardless of whether there's a drive up component or not. >> That's correct. That's I said that. Even if with the drive up, I would say as
presented tonight with a walk up window, I would say I am I'm standing firm with two and six. >> Okay. >> Okay. So, yeah, let's take a vote then. >> Yeah, I I'm I'm sticking with my original comments. I mean, I I get it.
You know, we'd all love this to be some local um business owner that wanted to put in a nice local restaurant without a pickup window, but I have a a lot of fear that if we keep saying no, eventually it's going to be something we really don't want.
>> And I mean I we're being very picky in my opinion. I really do think that and I oppose this. You know, the last design, which I know we're not talking about, I would have never approved it. We'll get to that on the next one. But we all need to understand that if we keep saying no,
eventually something might end up here we really don't want and it might just by right we may not have an opinion. So listen, we all have an opinion. That's fine. Um but I'm sticking with my comment. I can't seem to find I've read one through six at least three times and
I am very other than the ingress egress which is very much dependent on that the pickup window. I can't see anything up there other than the fact that it's a it is a fast food and yes, I get it. We'd all love to have not a fast food there, but consider the alternative is what I'm
saying. So, right now, I'm okay. I'm in favor of it. I think we're going at risk here. >> So, someone should make a motion and then since we do have to justify our votes on the criteria, let's we'll do a roll call after someone makes a motion.
to approve or deny. >> So, we got to make something. So, I'll go ahead and I'll just make a motion to approve just to get that ball rolling. How about that? >> Second. >> To approve. >> I'm sorry. >> You can make a motion to approve. >> No. >> He's making a motion.
>> My motion was to approve strictly because we got to get the vote going here. >> That's where I stand right now. >> I'll let somebody else go. >> Okay. So, there's no second. So, can I get a motion to deny, which I think someone else wants to do?
>> I move to deny the special special exemption. >> And can we get a roll call or I need a second on that? Sorry. >> And again, I would ask the maker the motion to specify criteria that you believe have not been met. >> Okay. I was going to do roll call for that, but you want him to do it now.
>> My request would be to be that it be part of the motion so that >> the record is clear. I make a motion to deny the special exemption based on the criteria 2, six, and eight. >> Does eight apply? >> 2, six, and what was
>> eight? >> Eight of of chart number two >> of the second uh review criteria. >> There's two separate criteria, correct? >> Correct. >> Which one? >> Yeah. So, if I I need clarity, please.
Um there's the review criteria under >> 78 363. >> So two and six under section 78 363 and then 8 under >> it's 64 >> 6 uh 64. Is that correct?
>> You want me to remake the motion? I just want to make sure I'm clear on which I mean there's only one number eight but I need to know which number two and six which code section then. >> Okay. >> Special exception number 26 of 78363 and number 80364.
>> Okay. Thank you. Does everybody understand the motion? >> Yes. >> Sure. Everybody understands what the motion is. Thank you. >> So everyone can agree to that. You don't need us individually saying the criteria that we don't think it meets.
The motion is uh agend uh criteria 2 and six under village code section 78 363 and criteria 8 under village code section 78 364. >> Okay. So we can all just Okay.
All right. Can I get a second? >> I'll second. >> All in favor? I >> I >> I and I will specifically say it's just for a criteria 78364 um for the ingress and egress or no I'm
sorry I think that's 70 360 >> 64 >> yeah for the ingress and egress um just specifically for the mobile lane otherwise I align with what council member Patrick was saying >> council member painter did you did you vote
>> I I'm haven't changed my position. >> You still need to say yay or nay. >> So nay. >> Thank you. >> That was a that was a confusing one. Thank you everyone. >> Um so do we even do we even talk about agenda Jay? We don't even talk about
agenda item 21. I mean does a property owner want any feedback? I mean are they going to come back with another tenant space? I don't know if it's permissible to talk about it and give them any feedback at all. >> That's a bummer. I had feedback.
Uh, no. At this point, I guess he's going to have to just Chipotle is just a tenant. So, the property owner is going to have to take a look at what he's going to do. Um, you know, I know you guys want local local businesses. Problem is local businesses don't have the staying power. They don't have bank
power. They can't pay these these rates for buildings like this. So, it's that's big that's a big problem with trying to get small users. So, he's going to have to evaluate what he want what he's going to do with the property. >> Do you want feedback for the property owner though on the on the next agenda
item if that's permissible or do you not want feedback >> as far as the site plan goes? Yeah. Well, I mean the site plan I guess will change now depending on the whole new user at this point if he can find one. >> So, okay. >> Okay. Thank you. >> All right. Thank you for your time tonight. >> Thank you, Troy.
>> Okay. So, we are skipping agenda item 21. Moving on to agenda item 22, resolution 17-25, adopting our refuse and recycling and yard waste collection rates for next year. >> Good evening, mayor, vice mayor,
council, uh Jeff Snyder. I'm happy to be here. We're looking at uh solid waste rates and uh we have a contract with them. Does this thing work?
No, it's not set for that. Just tell me where you want to go. >> Okay. Um, >> back. >> Back. All right. This for the update on the refues and recycling rates. uh the re
refu and recycling fund has been um using up the reserves that we have and it's time that we want to look at maybe re re visiting the uh cost structure. Um, no ind indirect costs have been
applied to this fund for 23, 24, 24, 25 and um, we don't anticipate being able to keep it in the black without moving. We are in a contract and uh, with Waste Management WM for
automated automated pickup. The agreement has CPI increases uh not to exceed 5.75 for this fiscal year. Their rate will be 4.88 and staff is asking for an additional
3.5% to cover the costs. Remember what happens is it's on our tax bill. It's a nonadvalorum tax nonadalorum uh assessment. Early payers get up to a 4% discount depending on when they pay. So that eats
into our uh herbs. This thing um will be $163 a month or $196 56. Thank you. Thank you very much. Um so that's that's where we are. That's
what we're asking for. And a bittersweet point that I would like to point out is I have my notice from Port St. Lucy. It is also going up $20 uh a year
and we are going to be paying $467.33 for one time a week. So it's very bittersweet to me. It's it's very sweet because uh the manager worked a great deal with our friends in waste management and I get to pay substantially more money is the bitter
part. But that's that's what we're looking at. I have uh projections here to show you that we believe if we go this way that we won't be back for several years. Uh if they go the way if people aren't taking more of the discounts than they have. Historically,
we've been looking about two to 3% uh early pay discounts and so we kept that trend up and we'll be able to go at least um a few more years before we come back but it will have uh annual increases up
to 5.75 depending on CPI. >> Can I just add a couple of points? Uh you can see from our and he mentioned in our slide from our projections we have not created we have not collected indirect costs that we typically do for all of our funds. Uh this is to help
stabilize that fund. Um I know Mr. Jeff Sabin is here. I I I told him you know he it'd be great if he he would come in case there's any questions as far as operations or comparable services that we have. He did provide me some updated
cost. Uh Jupiter's rate is 2442 for similar service. Juno just passed their rate very similar service at 2171. JF JIC is 4353 almost you know double ours. Palm Beach Shores is 2081. Martin County is 26. They have two bids out
that are in the 2627 range. So um our rates at 1956 going up to 1956 is very comparable and and u competitive. >> Thank you. All right. council open up for discussion.
>> I I don't have any questions or comments. I I agree. I think uh our village manager and staff have negotiated as good of a deal as possible here, so I'm good with it. >> You know how I feel about trash. We need it. It's hard to argue. Jeff, I
appreciate you work with our staff all the time and always trying to be open-minded to what we're always asking from you. just please try to keep that, you know, in our relationship. I know the residents will appreciate it. >> Thank you. Jeff, no comments.
>> Yeah. Um, thanks to staff and to WM. We really appreciate it. Um, you know, this is we victim to the collection method. You know, we are losing when people prepay in November. We we're losing and this is really recouping that. Uh, we we stopped doing, as you can see by for the public, you can see we stopped
collecting the indirect costs or, you know, reimbursing for admin. Um, and I just think we have to do this or we're going to be tapping into the reserves that we worked so hard and councils well before I was involved to get us to where we are. So, it hurts. We did it for the water capital improvement charge for the water that we we talk about repeatedly
on how can we get around that or what can we do to to get rid of that. And if it sounds like what I've been told um by our manager is that, you know, next year it hopefully will be less than three and a half% and then you can see here it hopefully goes away in two in years two.
So, um, I'm in support of this. I hate there's any type of increase, but this is an enterprise, you know, this is like an enterprise fund that needs to, it needs to pay for itself. So, I think we really need to do that. And to add the staff to bill it monthly and collect it
ourselves to get that discount back, we're just going to have to hire another person. So, we I don't think we gain anything by doing that. So, I'm in support of this. As much as I hate the fee increase, but I'm in support of it. Yeah, I'm good with the WM portion of
the resolution, of course, but I'm still kind of on the fence with that 3.5% fee um recovery charge or whatever we want to call it for us. Um what is the dollar amount on that slide said 9,000 a year? What what dollar amount is that for this
year and maybe next year and the following year? And you're saying we might be caught up in a third year. >> Recapturing here is $25,000 for this upcoming year and that's to to give us operating money. And if it does
go down, I mean the discounts accepted are more than that, then we'll have some money for some leeway there. I think we're being very conservative at this ask and I don't believe we'll need to be asking next year if we approve it this
year other than the the WM. >> So if you don't have to ask next year and you're saying it's just $25,000. Um it it's just been a hard pill to swallow. Everything's going up, you know, everything's constantly going up every
single year and and it's always justified. But I know, you know, again, we're bringing in more property tax revenue again this year, more than last. And I feel like 25,000 is such a small amount. Um, you know, we're not potentially not based on the last budget
workshop earmarking that 1.3 from reserves for Remembrance Park. I it's such a small amount. I know it's not um typical practice to transfer from the general fund to an enterprise account, but I think this is unique and I just like if there's any way we can provide
relief to the residents and not have to increase yet another fee at such a small dollar amount, I don't and if you're saying 25,000 will do the trick and then we probably wouldn't even have to charge the fee again um not next year but the year after. I don't know. It's something I want to throw out there to see if
council would want to consider. I think you make a valid point for the one year, but I'd still go with Jeff's recommendation on charging the additional for that year and then being done with it instead of making that general fund transfer. I just don't want to get in the habit of making those general fund transfers.
>> I don't I don't mean to bring back up the water fund, but we have roughly roughly 7,000 homes that we that are we're collecting the $10 a month charge on. So that's
$7,000. I'm just trying to is this how far apart is it from something we've already we've already done? Because then, oh, it's just $25,000 here and it's $40,000 there. Well, then let's just absorb the $10 a month hard cost, you know, the $120 a year for the water capital
improvement fund. It's a service that needs to be paid for. I mean, we all pay it. It's it's not a regress I don't look at as a regressive tax. Everybody pays this. Everybody has garbage. They come two times a week. We've got an amazing contract and I think I don't want to go upside down because oh it's only just a
little bit but that argument then it becomes incremental creep and we can see right that the the chart was up there that incremental creep in our in every fund we have then we're then we are supplanting it with our our general fund or our reserves and um you know I don't
want to do this either and I understand where the mayor's coming from and anybody that is was okay with it but I'm just trying to be fiscally conservative and say no we're going to I think we need I don't want to increase it, but I'm going to pay it just like everybody else. It's not like I'm up here saying, "Oh, you you pay it, not me. I'm going to pay it just as everybody else is
going to pay it." I think it's something that I I don't want to see it start dipping and make that, oh, it's just a little bit. It's just a little bit because a little bit times five enterprise funds times the next 10 years. Just have a concern with that. >> Yeah. And I I mean, I was a one-time
suggestion because I I mean, trust me, I've been on the enterprise fund side of the policy committees. not that's not uh best practice. Usually it's looked down upon more from transfer from the enterprise funds to general fund because it means you're collecting too many too
much user fees. Um not as frowned upon going the other way but like I said a onetime thing. It's such a small dollar amount in the big picture with the increased revenue we've continued to receive every year. We've built up reserves and I just I feel like, you know, the people that are paying early
are getting penalized for it now because, you know, like, oh, I'm gonna get a discount, but not really because I'm going to be charged somewhere else for that discount that I took. So, again, I just want to throw out there because um totally in favor of the WM part of this, but I'm not in favor of the the 3.5 increase because I think we
could handle it another way for just this next year. Okay. Is there any public comment cards? >> No. Any public comment? Good evening everyone. Pat Watkins, 167 River Drive. I just wanted to offer that for decades now, Jeff Saven has been a
wonderful partner to the village and has always worked well with us and been over backwards. And one of our um major I think benefits from this is during hurricane time, we're one of the first municipalities that are cleaned up. And
uh even before this automated system, his guys coming by were so courteous and kind. If you're injured, they try to help you with the cans and all this. They bent over backwards. So I would encourage you to support this. Yes, prices are going up everywhere, but there's no reason there shouldn't. If
they if this is what we need to carry on business well for the village and have the trash collection the way we're used to having it, I say support it. Thank you. >> Thank you. >> Any other public comment? >> All right. Can I get a motion?
>> So move. I'll move it. >> Second. >> All in favor? >> I say no. I am in favor of the WM increase, but have to vote no because I'm not in favor of the village 3.5% fee we're tacking on. >> Okay.
>> Okay. Moving on to the next agenda item 23, resolution number 13-24, adopting our storm water utility fees for next fiscal year. Good evening. Mar Marjorie Craig, utilities director, and this is the um a
request to approve the annual um storm water rates for the stormwater enterprise fund. And we do that through a non-advelorum assessment on the annual te tax role. Uh like most of the stormwater utilities in Palm Beach County, um we're recommending the
resolution and revised fee schedule increasing the storm water rates by 5% for fiscal year 2025. That equates to about $4.51 annually for the base residential rate and that equates to about 38 cents per month.
And I realize that that is another increase, but it is something that's sorely needed by our storm water system. We are responsible for the operating and um maintenance of our stormwater system and for the MPDS which is just a um an
acronym for the um uh county permitting storm water permitting and compliance requirements. So there's a lot of things that we are required to do by law to maintain our storm water system. And as you know, I have stood up here and talked about um our storm water system
and the needs that we have. And we have tried everywhere we can to get grants. You're also aware of that. We have a current grant for the Dover Ditch project for improvement. And um we spent over $2.6 million over the last five
years um to work to keep up with the maintenance of our system. And the biggest bang for the buck right now is storm water pipelining uh to get ahead of those failing storm water pipes. Um as a part of your packet um we have a recommended resolution for that rate
increase uh also exhibit A um the proposed storm water rates and then a rate comparison of the village with other storm water utilities in the area. And we fall just a little bit to the right of the middle. Um and
um then our net position and storm water budget. Um uh so that's our current rates and then our what we have planned for the coming year and what our net position is. And then we also included the proof of publication to our um to our residents
and customers. Uh we did send out we posted it on the county website. Um and then also we sent out a letter to everyone. So with that, do you have any questions? >> Thank you, Marjorie. Council, any comments or questions? >> None. Thank you, Marjorie.
>> No, ma'am. >> Thank you. >> Thank you. >> Thank you. >> And I will say unlike the previous agenda item, this one I'm really um pleased. I know we're taking half I think of the water utility tax to fund this year. So again, there we thought, you know, looked outside the box, so we
don't have to charge more than the 5% this year. So I'm very pleased with that. Thank you. Any public comment cards? Yes, we have Michael Thomas. >> Good evening. Thank you, Mayor, Vice Mayor, and uh council. Michael
Tomes, resident of Questa Trace 110D, Lighthouse Circle. I'm a past civil engineer, multiple states, including Florida. Retired, white hair. uh the village council. Uh
I'd like to have the minutes of this section sent to me. Um I received on your July 11th letter on July the 20th which indicated that my personal
increase was going to be of around $97. And then I sent my email into them. I understand section uh village section 74201 bracket 2 uh regarding the cost of
operating the system and I know it has to be done and I'm fully behind that and it's to be allocated in a relationship to the benefits enjoyed and services received there from but the quest of trace and it's 134
units receive no service. We don't connect to the storm water system. We're self-contained. I understand section 74202 definitions
and what ERU means. And under one, the cost system and services which service each individual resident. Once again, this is not the case for Tquesta Trace.
We maintain our own service. We have our own storm system. We have our own roads. It's a small section. Um, we are approximately uh 6% of the population of the village at Trquesta,
but in the uh ERU units, we would make up about 8%. The issue is the association owns and maintains its own storm water system. I informed the
village uh on the 20th when I got the letter and they sent me a second notice back in response uh that they received it on the 21st. And then in the mail, I got a restatement of the letter
of which the rates were different than the first letter quoted to me. And the estimates of the money that you're gathering was different. The estimate was initially written down as 6,26 627,000.
The new revised number on the new letter was $748,488. 27% increase my rate was the whole issue that I was presenting to the board through my email was so that
the person in charge of doing this estimate would actually follow their own advice and rules and acknowledge that there was an error made.
We to Quest of Trace are not in your storm water system. We get our water there. We pay our sewer bills, everything else, but we're not in your system. Why are we being charged? That's 134
units. Myself, my fellow members, I didn't receive an answer. >> Okay, sir. Um, unfortunately, your time's up, but maybe Marjorie can come up. Can you address some of these questions on the spot if you wouldn't mind? Thank you. >> I I'm going to have to get with him because I don't know. This was all
calculated and and put together, you know, through another system. I don't know. I'll have to check into what he's talking about because I'm not >> Could sir, could you be sure to leave um your contact information so we can get in touch with you and address some of these questions after the meeting?
>> Yeah. >> Thank you. >> I'm sorry. Okay. If if if sir if you maybe just leave your email with the clerk just to be sure before you leave tonight that would be great. Okay, you have it. Perfect. Thank you. We will absolutely get back in touch with you. All right. Is there
any other public comment? >> Okay. Can I get a motion? >> So move. Second. >> All in favor? >> I moving on. I don't know. Moving on. We're on agenda item 24,
correct? Yes. Agenda item 24, consider approval of Dvan agreement piggybacking town of Jupiter for utility repairs and improvements. Marjorie Craig, utilities director. And this is a piggyback on the town of Jupiter on their contract. And it's a
sound utilities business to have a contract in place for utility repairs as needed. Um, and so we recommend approval. >> Thank you. Any comments from council? >> No comments. >> No comments. >> Any public cards in this one? Any public
comment? >> Can I get a motion? >> So moved. >> Second. >> All in favor? >> I. >> Thank you. >> Thank you, Marjorie. >> Agenda item 25 or 2025 2026 benefits renewal for health, dental, and group
life insurance. Marlene. Good evening, Madame Mayor, Vice Mayor, Council, Merlin Reid, Director, HR, Risk Management. First of all, I want to thank the committee that works together on this every year. We have Christian Burkstrom
from the Garing Group. We have the PBA rep, Matt Munis, he and Ray Kowski. The IAFF rep, J Jason Faucet, along with Kayla Preston, who helped him out a little bit there. and we had Bo Chesnney who once represented the CWA as the
manager advised um the CWA was descertified today. The management reps remain Brad Gonberg and Jeff Snder and we make our recommendations to the village manager. So I want to thank everyone for that. Okay. This item addresses the 2020 202526 benefits
renewal for health, dental, group life insurance and the employee assistance program. The v the village currently offers fully insured medical, dental, basic life and accidental death and dismemberment insurance coverages along
with the EAP. And at the employees expense, there is also vision, voluntary life, AD and D and voluntary long-term disability. Only health insurance and the EAP opened up this year as all other coverages were uh negotiated for a
minimum of two years. So this year we continued to shop the market due to the fact that we're still experiencing large claims and at our July meeting we reviewed three proposal including our current carriers FMIT United Healthcare
they came back with a 16.7% uh renewal number and then there's another uh company called Curative I understand they're new to the market they came in with 10.9 and then further blue came in with 9.2%.
The committee unanimously agreed to recommend to the village manager that the health insurance plan be moved from FMIT UHC to Florida Blue effective 101 2025. So what are we looking at now? There's a
the budget actually had a 9.2% um in we had put aside 9.2% estimated which is exactly what Florida Blue came in at. So it's important to note here that we are our philosophy with benefits
and compensation is to match the market. But you will see I have a line here because Jeremy and I were talking about the fact that we need to take start taking a look at our current approach to providing health insurance while ensuring it's a delicate balance.
ensuring that we continue to remain competitive and able to attract and retain employees. Um what does that mean specifically? Uh we intend to raise this matter during our union during the union negotiation process and to address in
order to address the escalating costs um being uh that we're experiencing currently. Um if well uh we appendix A if you take a look at appendix A the total the overall breakdown
if you go to the bottom the right extreme right column at the bottom you will see that the overall cost is uh $214,093 which is an overall 8.8% 8% and of that the employer is looking at with the village is looking at 189204
which is 8.9 and the employees their share would be 24889 or a 7.7% increase. So, we are asking tonight um that council considers and approve um the 2025 renewals um for health, dental,
group life insurance, and the EAP. And we are we are Christian and myself are now available to answer any questions that you have. >> Thank you, Merlene. Council, any comments or questions? >> Um thank you. No comments? No. Good job,
>> Lori. Any cards? No. Any public comment? Okay. Can I get a motion? >> So moved. >> Second. >> All in favor? >> I >> I. >> Agenda item 26. Consider approval of property and casualty and ancillary
insurance renewals for 2025 2026. >> Okay. Uh our property and casualty insurance is currently underwritten by Florida Municipal Insurance Trust and this includes property general liability, workers comp, cyber and auto. Um, each year it's important to note
that the village receives a 7% credit with FMIT due to our active enforcement of our safety and drug-free workplace programs. Um, and that's 2 point 2% and 5% respectively. The major changes for
the upcoming fiscal year are as follows. Property premium decreased by 15% which res which um translates to $73,169. I understand Ramy is here um from the Gearing Group as well that it's due to
the current state of the market um and if you wanted more information on that she's happy to provide that but um apparently it's going down property premium. The other lines experienced um
combined increases of $85,035. The most significant increases were general liability which went up 14% and workers comp which went up 22%. Combined together that's se $76,255.
The reason for these increases are mainly impact. It's the impact of um our payroll which if you look at the attachment there you will see that we move from um roughly uh 10 mil to 1164
46823. So um our payroll and our headcount um uh that's the biggest contributing factors that we have there. We are fortunate um one thing we are very happy about if you look at um our experience
mod factor right somewhere in the middle there where uh we were at 0.92 and now we're at 0.80 which is very good. It means that our workers come um we're trending in the right direction and um doing way better than previous years. I
just took a quick look back at the previous years 2023 we were at 1.07 07 and 2022 1.13 which is not good. Uh so that helped to keep the workers comp um numbers down and then the rest cyber
autophysical and auto liability accounted for under 10,000. So in summary FMIT uh for the upcoming year the total increase is 11,867
representing a 1.2% 2% increase over the expiring years. The village also has some other ancillary lines of coverage to include public safety statutory AD and D firefighter cancer storage tank liability and crime policies. And together these policy
premiums total $9,53 up 7% over the expiring year. Um there the agenda was updated this week to reflect a minor decline of $121 in premiums for the statutory AD and D.
So um it the the numbers have changed a little bit. Appendix A outlines it's accurate on appendix A. It outlines a total renewal cost of $970,388 for all lines of insurance now inclusive
of broker's fee. and it's up one overall 1.29%. And as always, I ask for an additional $10,000 to um fund an average of two deductibles. Our deductible payments each year. Um it our policy requires
$5,000 um for deductibles. So there's I'm asking for an additional 10,000. So I've added on. So this accounts for an overall additional 10,000. So you will see 970,388 on the appendix and we're asking for
$980,388. And of course we're recommending that we renew uh with the uh 2025 2026 property and casualty and workers comp with FMIT and the other four anxular policies with the carriers outlined in appendix A. And
we're open for questions. >> Thank you, council. Any comments or questions from Merlene? >> No. >> No. >> Good job. No comments. >> Curious. Um, what is the autophysical damage? I mean, while it it went up percentage- wise, it's 24%, but it's
about 3,500, but what what is >> the physical damage that literally what it um >> for in the event there's a a claim? So that's like comparable Rammy Mitchell Garing Group that's comparable to like your own auto insurance if you get into like a collision or there's a
comprehensive damage like a tree falls on a vehicle that's typically just based on the cost of replacement costs for vehicles nowadays obviously having increased Florida's market terrible with respect to auto insurance um and again that has a lot to do with replacement
costs but also the fact um of the matter is that it's based on the asset schedule. So, however many vehicles are insured, they look at the value that we are insuring those vehicles at and they assess the premium based on that. >> So, a newer vehicle causes your premium to go up or an older vehicle,
>> right? Well, well, both, right? So, replacement cost is, you know, typically trending up. So, if you have and a lot of I know you have a fleet, you have firet trucks, you have police vehicles. Fire trucks are very expensive now. I think the average cost of that is well over a million dollars. So when you
think about replacement costs on those assets certainly that's what contributes to an increase. >> Thank you for clarific cards. No any public comment >> I get a motion. >> Thank you. >> So moved >> second. All in favor.
>> Agenda item 27. Consider approval of increasing the number of authorized positions in the fire department. So, this is an item I can tackle um or at least lead off. This is an item that we brought to council two separate occasions. This will temporarily authorize
uh additional firefighter position for the fire department. This will allow us to fill some holes in staffing. Uh this position will be absorbed through attrition, meaning if we lose somebody to retirement or to take another job or or leave the department, uh that that
authorization will go back to our normal staffing. Um and so we will absorb that that position without further council action taken. Um it will bring uh this will help us bring um people up to speed quicker. It does take a while with the
fire department to to bring somebody up where they can stand on their own two feet. We do have two retirements pending or coming up there in the drop. I think the chief mentioned one that was within the next year. Uh so if nothing else, if we have no other attrition, it'll be a
good transition for the person to stand up, get on their feet, and have that transition. So we are asking for a temporary authorization uh of a firefighter position. So, we have 20 21 authorized positions and we would be
authorizing it temporarily a 22nd position to help fill some of our our staffing needs. >> 20 Sorry, no mean 24 and this would be 25. >> Yep. Forgot I was in still in my seven man shift. So, we're we're in eight man shifts now. Sorry. Yeah, that was two years ago response. Thank you.
>> So, it's it would be it would come up one. It would be 25 total. Yes, sir. >> Council, any comments or questions? No comments. >> Define what is why is it called temporary? >> Because we're only authorized that we're only authorized right now if there 24
firefighters plus the chief in that department. >> This will get us a 25 which will >> 25 temporarily and then you know unless you know if at some point if we're going to if we were going to change the staffing schedule within the department we'd bring that to council. Council would approve that kind of how we went
from seven men to eightman shifts. Um, but this is just temporary. >> Neglected to ask you that question in the review, so I apologize for asking that question. >> Any comment cards? Nope. Any public comment? >> All right. Can I get a motion?
>> So moved. >> Second. >> All in favor? >> I. >> Agenda item 28, resolution 14-25 for council to authorize a fee increase in our EMS transport. >> Okay. Good evening again, council. Um so
just a little historic um what we're going for. We haven't raised EMS fees in almost 5 years. Uh next month will be 5 years. We've fallen to the very bottom of EMS fees and it's not close. It's just us and green acres are at the
bottom. Uh we are actually below Medicare acceptable for ALS2. Um if we proceed this way, we won't be able to cover our cost. So this way we're asking for onetime bulk increase of 15%. And it really it sounds like a lot, but it's
actually only about $100 per category. And it's uh it takes us from the bottom to about the lower end of the median range for EMS transport fees. Um and those all go up. A majority of the departments, there's 13 that transport
within the county. Uh you can see the numbers there. uh most of them are doing this through CPI which I will be back for a an ordinance change in about a month and a half uh to try to go forward with that. If we would have done uh CPI through the past five years I wouldn't
we wouldn't be asking for this one bulk increase because we would be right around where we would need to be and then this wouldn't be happening. We wouldn't have to get here. So as you can see uh right now uh with BLS we are 610 compared to the Palm Beach County average. It's the lower box on that
screen. 670 for ALS1. ALS2 is 745. So we're well below the Palm Beach County average. We are also below Martin County Fire Rescue as well. So this doesn't just impact our residents. This impacts um any call we run even if we are
outside the village. So JIC unincorporated town of Jupiter, Martin County, we keep and collect our own revenue from anything we transport. Um, Medicare is allowable to about 80% and you've seen the numbers as well. We'll go to them in another screen. But since
we've switched to our EMS billing, third party billing agency, uh, there's been a tremendous increase in collect, almost a half a million dollars this year comparatively. So, EMSMC has also requested we do this. um they've asked
for this same increase or more um because it behooves them because the more they collect the more we collect. So it that's part of their billing structure that was done prior to my arrival. Um so this is like I said this is a 15% fee across the board. Uh it's
doesn't make us the top doesn't even make us in the middle. We're at the median end. Um so with that any questions or need any of this any more of this explained to you? I'm I'm more than happy to explain it all. I've got a lot of numbers and I don't want to just throw a bunch of numbers at you. Um, but
this catches us up and then moving forward, we'll go to CPI just like our other fee structure that we voted on last month. And then we won't have this problem to where we're chasing this revenue or even to break even for what we spend on an EMS transport.
>> Thank you, Chief Council. Any comments, questions? I do. So, you said Medicare covers about 80%. >> Yes, ma'am. So a senior citizen could be looking at like $162 left over. >> So if they have a supplemental, which most do, that supplemental will cover another 20% of that. So the bulk of
this, if you think of it as going to an ER and paying a co-pay, even if you have Medicare, you're going to end up paying some type of copay. That's almost what this is going to come out to. So when we have one person that was a part-time firefighter collecting, he's trying to, you know, do this. You know, he's the collection guy. Now we have a
professional agency doing this. They're dealing with the insurance companies. They're not going to be harassing people unless they have no healthcare whatsoever. That's not really the way it works. Because I've I've requested that. I said, "You're not calling my people." They're like, "Unless they're self-pay, we generally don't have to." >> Right. No, I was I lived here when I
remember those conversations from long council. >> Of course. Of course. >> And that's kind of where my mind is going to just historically. I think those numbers were always very delicate because of the fact that sometimes people have to pay out of pocket for them. And there was a lot of discussion and this is before my time on council of
we don't want people to be afraid to call you guys. >> No, absolutely not. >> Because usually, you know, that's a general society thing like don't call them, I can't afford it. And then it's the don't take me to the hospital. I just put me back to my house like leave me alone. And I don't want to go down that road. So,
>> no, we we the bulk of this is going to be covered by Medicare A or B and a supplemental. >> And then I recently about a month ago had a senior citizen call me. Um her there's an issue and she got one of our bills from our department and I sent her in the right direction because obviously
that's not my sure >> department. Um but it made me think and then it's funny you bring this up and so just again I'm just trying to look at be sensitive to the amounts um because medical is a nightmare already. >> I know 100% and we're just trying to cover our cost to be quite honest with you.
>> And so just my my only thing to say is because you guys do so much with our senior citizens and anybody especially even families. I mean, insurance is super expensive. If you guys ever find any kind of tidbits that help, you know, we can always help educate residents
course, like those fillers, >> and those are hard, too. I have to deal with those with my own family, >> like my mom. So, I I totally get where you guys are coming from, and I'm I see the other side, too. >> So, I'm not against it. I'm just always be mindful, please. Um, >> of course, >> that's why I I'm not shooting for the
the I don't want to be number one ever. Everything else I'll be number one, not this one. I don't think the village needs to be number one unless there's like a desperate. >> I don't think we're climbing that ladder like we do on some other ladders in comparison. >> And these do run somewhat in cycles.
Some do CPI, some do it every year, some do it every three years, whatever. They're about half do it via CPI. So the increments don't seem as strong and as heavy-handed as this one does. So that's why I'm I'm moving forward with that. And like I said, in about six weeks, you'll see me again. But that's going to
be an automatic fee increase, basically a review, and then it'll be like a consent agenda type item. >> Interesting. Okay. All right. Well, thank you for putting that together. >> Appreciate it. >> No comment. >> Um I just again um kind of like council
member Brandon said, want to be sensitive with this and it's one of those like why is it completely necessary? And it's a tricky one to wrap your head around because we write we have to do a write off an expenditure every year, right? So it's it's not a a
it's not an easy financial uh projection to look at and kind of understand where the need is. So if we increase these fees, are we expecting I know we're doing better with write off with um reducing the write-off cost because of
the billing company that we're using, but if we're increasing, you know, those fees, is the write- off going to increase too because it costs more? I guess where's the balance and is this going to >> there is a balance there >> off like understand it >> and what so our revenue generated will
definitely go up that's speculative speculative on my behalf I can't really give you it's going to go up $100,000 but it's already increased so much from what EMSMC has done and I know that write offs have definitely gone down because it's a professional billing company that's what they do so we won't
have to worry about it um they'll also capture more of what we have out there. And I think that the write-offs may go up a little bit, but I think the revenue will will outpace that to be honest with you. That's probably the what that's kind of the projection that I get from
EMSC when I talk to them and they do this nationwide. Um because I asked this very similar question to them. I said, "So, how can you collect more?" It's a lot of it is going to come from that supplemental and then that like I described it as a as a co-ay almost. Um,
but I I don't think the writeups, the write offs, excuse me, are going to go up a whole lot more just because of the this third party billing agency. >> Okay. I think that's a hard thing, too. You can't really give us projections because it's so diff it's different every year. >> It's and the numbers are set for
Medicare. There's a whole calculation that they do and it's regional slash by state. So, there's a lot that goes into it. Um, and then there's a factor that they multiply it out. It's kind of it's kind of hard to wrap your head around unless you're an
insurance Medicare expert, but I'm trying to become one as it were. So >> So, but you think the increased revenue will um help cover some of those write-offs then? Like that would outpace the the write-off increase? >> Yeah, 100%. >> Okay. And then on your report, you it
says that we don't accept >> Medicaid, I guess. I mean, the manager told me it's because it costs too much. Can you explain that? And is there ever room down the road to consider it? >> So within uh I've started the ball rolling again. So what happened was it had gone through the process twice prior
to my arrival. Um I believe it was both times with Chief TR. They had some turnover at in with EMSMC and so they stopped the process. You have to run a background check on anybody that's going to be involved in Medicaid. Not similar to Medicare.
That's an automatic. But Medicaid we are less than 1.8% 8% of the village is actually covered by Medicaid. So they become an automatic write off that 1.8% and that's that's through statute. I read that actually this afternoon. So but we did get the ball rolling again
with Medicaid. We're going to go through the process. Uh it's my understanding if you don't have enough call volume in Medicaid that it's very difficult to keep. But I'm still researching that and I'm dealing with EMSC. they've opened a ticket and if it's something worthwhile
for us to do um cost to return then we will do it. If it's not and we're actually going to lose money by accepting Medicaid and having to pay EMSMC more then we will not. Um but it's just because of our population like I said we're less than 1.82 or something
like that. It it that's why I think it died on the vine previous to me. Um but they did open a ticket and we're going to we're going to try it again and see where it goes. >> Okay. Well, thank you for explaining that and thank you for uh looking into it again. >> Okay. Uh Lori, any public comment, Carth? No. Any public comment?
>> Nope. >> I have one more question. >> Yep. Go ahead. >> Referring to the write-offs, have our write-offs, they've gone down from the previous years, like we're still in that projection to keep going down, right? >> Yep. >> What do you feel like
why do you feel like we have so many write-offs? People avoiding it, can't afford it. I think a lot of it has to do with our our method of billing. I don't judge anybody that anything that went on before I got here, but I think that because we weren't a professional billing company,
>> I think that that's why they were we have a part-time firefighter paramedic that was doing our >> bill. So that's he still is for now. He's catching up with the stuff prior to 2024. So we are still going to see some of that those numbers come through, but they've definitely gone down. And and
Mr. Allen, if you can speak on that as well. I think they've gone down since substantially since EMSMC has come on board. >> Okay. >> Um but I think that's the biggest reason uh from an outside perspective coming in late into this one. >> Okay. Thank you.
>> Okay. Can I get a motion? >> So moved. >> Second. >> All in favor? >> I opposed. >> You get that, Lori? Okay. Thank you, Chief. Agenda item 29, consider approval of the
first amendment of agreement for fire rescue services between Dquesta and Jupiter Inlet Colony. >> Thank you, mayor. Um, recently we, the chief and I attended the JIC uh, council meeting where they approved this agreement. As you guys recall, um,
earlier in the year, we brought this maybe even late last year, brought this, uh, agreement to renew this agreement. The original agreement was a 20-year agreement. The original original was a 20-year agreement um which would specified that the first five years they
would freeze the cost. Then it'd be a 4% escalator for the next five years and then the last 10 years would be 6%. When they did that originally in 2002, after 10 years they came back, amended the agreement, extended the terms out
another 20 years, did the same exact terms. We brought the agreement to council. council up said that if we're going to do this and we're going to extend these terms, it needs to be those same terms, which is the first five year, which is what you have in front of you, the first five years of this
agreement. Um there will be no increase to cost. It's frozen at what it is today for five years. And then after that, it's a 4% escalator for the next five years and then the last 10 years will be 6%. The value of this is that it freezes, it locks them in with no out
for 10 years. So the JIC when they sign up for this, they in an agreement with us for 10 years and do not have an out per contract. So that's the value. Obviously everybody, you know, knows the elephant in the room with with Jupiter and them starting on fire. Uh JIC values
our partnership. They don't want to get caught up in that. We don't want to get caught up in that. So this is kind of um puts this, you know, solidifies our our partnership with JIC. and um they had nothing but positive things to say about our fire department. Appreciate the chief going with me um to that meeting
and I know he's been a partner with getting them some information as they were uh contemplating that. But what you have in front of you is is that those terms? >> Thank you, council. >> No comment, nothing. Nothing. >> Thank you just to you two for uh
negotiating the new agreement and I agree they've been a great partner for a very long time and I'm happy to continue that relationship. Any public comment cards? Nope. Any public comment? Make it a motion. >> So moved. >> Second. All in favor?
>> I. Agenda item 30, notification of Dover Ditch uh shoreline FT grant amendment for a time extension. Marjorie Craig, utility director. Um this is a an amendment to our existing grant agreement for Dover Ditch and it's
basically just a time extension because of the delays um due to the Army Corps of Engineers permitting. So they they cost us like an extra year and this is so that we can um keep our grant. >> Any questions? >> Council questions. >> No ma'am. No.
>> Nope. Any comment cards? No. Any public comment? >> I get a motion. >> So moved. >> Second. >> All in favor? >> I. >> Thank you, Marjorie. >> Thank you, Marjorie. >> Right. And the last agenda item. Any other matters? Council, anything else to bring up tonight?
>> No. >> No, mayor. >> No. >> Neither. Can I get a motion to adjurnn? >> So moved. >> Second. All in favor? Hi. Hi.