Town Commission Meeting December 6, 2024 (2024-12-06)

TOWN OF JUPITER ISLAND TOWN COMMISSION MEETING FRIDAY, DECEMBER 6, 2024 TIME: Friday, December 6, 2024 – 9:00 AM PLACE: Town Hall Island Room – 2 Bridge Rd., Hobe Sound, FL PRESENT: Present were Mayor Penny Townsend, Vice Mayor Marshall Field VI, and Commissioners Anne Scott, Patricia Warner and Joseph Taddeo. Also present were Town Clerk Kimberly Kogos, Town Attorney Thomas Baird and IT Director Bill Sutton. Mayor Townsend called the meeting to order at 9:00 AM. PLEDGE OF ALLEGIANCE ROLL CALL COMMENTS* Mayor/Commissioner Comments* Mayor Townsend read the Town Vision. Chief Ewing provided comments acknowledged the recent tragedy of the loss of three Palm Beach County motorcycle officers in the line of duty. He called for a moment of silence after recognizing each officer. Mayor Townsend also acknowledged Senator Harrell's bill to protect Jonathan Dickison State Park from development and thanked her for addressing this community concern. a. Town Coffee Update Vice Mayor Field provided a review of the Town Coffee and added topics of interest including the importance of working with the new County Commission, invasive wildlife, septic-to-sewer conversion, law enforcement traffic mitigation, and the vacation rental ordinance. It was noted 16 people attended online and 4-5 in person. b. Commissioner Comments There were none. c. Agenda Approval Mayor Townsend noted the addition of item 4b as well as the workshop minutes added to consent agenda. The shade meeting was also cancelled. MOTION: Commissioner Taddeo/Vice Mayor Field moved to approve the agenda changes. ACTION: Motion passed 4-0. Public Comment (Non-Agenda Related)* There were none.

CONSENT ITEMS 1. Consent Agenda MOTION: Vice Mayor Field/Commissioner Scott moved to approve the consent agenda, as amended. ACTION: Motion passed 4-0. Category A- To be reviewed and approved (as is or as edited) by the Town Commission a. Minutes of the November 6, 2024, Town Commission Meeting Category B- Other Informational Materials (No Action Required) a. Minutes of the September 11, 2024, Pension Board Meeting b. Minutes of the August 15, 2024, Jt. Town/SMRU Defined Contribution Plan Committee Meeting PRIORITY MATTERS & PRESENTATIONS 2. Martin County Commissioner Ed Ciampi * Commissioner Warner arrived at approximately 9:15 AM. Consultant Kelly Layman introduced Martin County Commissioner Ed Ciampi (District 5) and provided some background information pertaining to the recent county election and Commissioner Ciampi's area of responsibility. Commissioner Ciampi greeted the Town Commission and provided comments pertaining to his positive relationship with the current and prior Town Managers and elected officials. He acknowledged the large- community challenges the current Town Commission faces with small-community/limited resources. He noted the first matter residents expect and demand tax dollars spent on is Public Safety, followed by environmental issues. He stated that there has been much discussion regarding elite golf courses and noted that some of these development projects seem to be more beneficial than other types of developments. He referred to "rural lifestyle" in Martin County and discussed the golf course developments in the western portion of the county, highlighting some of the benefits of such developments. He also spoke on the imbalance of the county's tax base, specifically referring to residential vs. commercial properties, and spoke on the benefits of increasing acceptable commercial property within Martin County. Finally, he spoke about housing, specifically "essential housing", and provided real-world examples of individuals who need a different type of housing that is not currently available in Martin County, including single, young adult/ professional, and senior living. Vice Mayor Field asked Commissioner Ciampi about septic-to-sewer matters. Commissioner Ciampi explained how the county is working through the conversion of septic-to-sewer and potential grant funds. Vice Mayor Field noted the new lifeguard station on the public beach will need a new septic system. Commissioner Ciampi referred to the new lifeguard station on the public beach and stated that he supports the Jupiter Island residents pertaining to the architecture of the structure. He referred to the potential traffic

mitigation and stated that he supports the residents in not going forward with projects that would negatively impact the Town. Commissioner Scott asked about Commissioner Ciampi's reputation of being pro-development and changing the comprehensive plan. Commissioner Ciampi responded beginning with the urban service boundary and how it applies to various development projects. He provided examples of projects that are legally permitted based on the Comprehensive Plan and regulations but are not necessarily appropriate for the proposed location. He summarized his position by stating that he is not anti-development rather embraces controlling the type of development and supporting appropriate growth. He explained that he must represent all of his constituents. Commissioner Ciampi expressed a willingness to meet with Commissioners individually. 3. Comprehensive Plan Discussion and Timeline - Kimley Horn Director Catherine Harding introduced Ali Palmer from Kimley Horn to explain the updated timeline for the comprehensive plan review. Ms. Palmer stated that the first citizen workshop is scheduled for January, with the first draft of the plan expected by the end of February and a joint workshop planned for April. The second draft of the plan will be transmitted to the State by June, with adoption anticipated in November. She also noted that one-on-one interviews with Commissioners are scheduled. There was consensus to hold a Comprehensive Plan workshop on January 23 and a Waterfront Setback Line (WFSBL) workshop on January 29. 4. Waterfront Setback Line Workshop & LPA Comments Director Duchock introduced the summary of comments and questions of the public workshop and LPA meeting. Answers to more technical questions will be provided during the January meeting. Commissioner Taddeo noted that the Commission needs to discuss policy decisions, and this matter had been discussed during previous meetings. He suggested potential policy decisions and provided an example of, "no new buildable lots on the Island." Commissioner Scott asked about the process for answering key questions and identifying who would take the lead. She inquired about the policy decisions to be made, the available choices, and suggested surveying the residents. She also questioned what would happen if the ZIP expired before the WFSBL was set. Town Attorney Baird explained that the ZIP could be extended if deemed appropriate. He noted that two ongoing studies are in progress and that reaching a policy decision before finalizing both studies might be premature. However, he emphasized that policy discussions could occur and evolve as the studies progress toward a final decision. Discussion ensued pertaining to scientific findings and policy decisions. Public Comment: Roger Griffin, 45-year resident, stated he is in favor of surveys regarding policy decisions. He noted that election positions will be so noted. Attorney Jesse Panuccio stated that relying on the science is relevant to what is being studied with specific

data/input points. He stated that policy decisions should be made in advance to guide a consultant. Vice Mayor Field responded that there were no issues with the study until it did not meet Attorney Panuccio's outcomes. Attorney Panuccio respectfully disagreed and provided an explanation. Commissioner Scott stated that she felt the letter sent by Attorney Panuccio's firm was refreshing as it suggested considering a position instead of demanding a position associated with a threat. Discussion ensued regarding bringing forward potential policy decisions for the Commission to discuss. Director Duchock stated that staff is able to compile the resident questions and submit potential policy points. Vice Mayor Field suggested that Commissioners should also provide policy decisions to add to the list. Mayor Townsend noted that there are policies already included in the Comprehensive Plan. Staff can collect a list of existing policies and add a list of policy decisions that should be considered based on resident input. Vice Mayor Field emphasized not to be prejudicial in this process. Resident and LPA Member Jim Hauslein, highlighted the importance of addressing the sensitive topic of creating buildable oceanfront lots while preserving the footprint of long-term residents and avoiding non- compliant structures. He stressed the need to consider factors such as property ownership duration and how decisions impact each resident. Vice Mayor Field requested the LPA provide suggested policy decisions for consideration. Attorney Nick Geissler stated that the purpose of the study was to provide info to residents who apply for DEP permits if they will or will not obtain such a permit. He asked if this position has changed. Mayor Townsend stated this question has been asked and will be considered in the upcoming meeting with the other questions. She emphasized that the upcoming workshops is the opportunity for residents to provide feedback. Item 4b - WFSBL Additional Services Director Duchock explained the original proposal and noted changes to the original proposal to include work requested by the Commission, including additional workshops and different map sets than proposed in the original scope of work. Director Duchock stated that staff is seeking approval of the additional services as detailed in the proposal prepared by CC for a lump sum of $46,440.00. Mayor Townsend expressed concern over the total sum of the change order. MOTION: Vice Mayor Field/ Commissioner Scott moved to approve the additional services for $46,440.00. ACTION: Motion passed 4-1, with Mayor Townsend voting in opposition. COMMISSION ACTION ITEMS 5. Ordinance No. 401 - Alternative Development Standards and the Land Development Regulations - 2nd Reading Town Attorney Baird read Ordinance No. 401 by title only: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF JUPITER ISLAND, MARTIN COUNTY, FLORIDA, AMENDING APPENDIX A, OF THE TOWN’S CODE OF ORDINANCES WHICH CONTAINS THE TOWN’S LAND

DEVELOPMENT REGULATIONS; PROVIDING FOR THE AMENDMENT OF ARTICLE I, DIVISION 3, SECTIONS 3.01 AND 3.03 REGARDING THE AUTHORITY OF THE BOARD OF ADJUSTMENT AND TOWN COMMISSION; PROVIDING FOR THE AMENDMENT OF ARTICLE III, DIVISION 2, SECTIONS 2.00 B. AND 2.01 C PERTAINING TO USES IN THE A-80 DISTRICT, SECTIONS 3.00 B AND 3.01 C; DIVISION 4, SECTIONS 4.00 B. AND 4.01 C; DIVISION 5, SECTION 5.01 C; DIVISION 6, SECTION 6.00 D AND 6.01 C; DVISION 7, SECTION 7.00 B AND 7.01 C; DIVISON 8, SECTION 8.00 B AND 8.01 C; DIVISION 9, SECTION 9.01; DIVISION 10, SECTION 10.01; DIVISION 11, SECTION 11.01; PROVDING FOR THE AMENDMENT OF ARTICLE IV, DIVISION 2, SECTION 2.00 TO ADD A SUBSECTION “D” PERTAINING TO VARIANCES FOR THE INITIAL MEASURING POINT OF A BUILDING, ARTICLE IV, DIVISION 3, SECTION 3.01 PERTAINING TO VARIANCES FOR THE PLACEMENT OF MORE THAN THREE FEET OF FILL ON A PROPERTY, SECTION 3.04 PERTAINING TO SETBACK FOR EASEMENTS AND DRIVEWAYS, SECTION 3.05 PERTAINING TO TENNIS COURT DESIGN AND LOCATION, SECTION 3.06 PERTAINING TO WALLS, FENCES, AND BULKHEADS/SEAWALLS, SECTION 3.07 PERTAINING TO DOCKS AND DUNE CROSSOVERS, SECTION 3.10 PERTAINING TO OFF-STREET PARKING AND SECTION 3.12 PERTAINING TO WIRELESS COMMMUNICATIONS TOWERS AND ANTENNAS AND CREATING DIVISION 5, ACCESSORY USES AND ARTICLE 6 REVERSE OSMOSIS PLANTS; PROVIDING FOR AMENDMENTS TO ARTICLE VI, DIVISION 2, PERTAINING TO SIGNS; PROVIDING FOR AMENDMENTS TO ARTICLE IX, DIVISION 2, SECTIONS 2.01 AND 2.02 PERTAINING TO NONCONFORMING STRUCTURES; PROVIDING FOR AMENDMENTS TO ARTICLE IX, DIVISION 4, SECTION 4.00 PERTAING TO NONCONFORMING USES; PROVDING FOR THE REPEAL OF ARTICLE X, DIVISIONS 3 AND 4 IN THEIR ENTIRETY; PROVIDING FOR SEVERABILITY; PROVDING FOR THE REPEAL OF ORDINACES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: Commissioner Taddeo/ Vice Mayor Field moved to approve Ordinance No. 401 on 2nd reading as presented. ACTION: Motion passed 5-0 Public Comment There was no public comment. 6. Ordinance No. 402 - Vacation Rentals - 2nd Reading Town Attorney Baird read Ordinance No 402 by title: AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF JUPITER ISLAND, MARTIN COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE JUPITER ISLAND CODE OF ORDINANCES, ENTITLED “LICENSES AND BUSINESS REGULATIONS” TO CREATE A NEW ARTICLE V ENTITLED “SHORT-TERM AND VACATION RENTALS”; PROVIDING FOR REGULATIONS PERTAINING TO SHORT-TERM OR VACATION RENTALS OPERATING WITHIN THE TOWN; PROVIDING FOR SEVERABILITY;

PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVOIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: Vice Mayor Field/Commissioner Warner moved to approve Ordinance No. 402 on 2nd reading as presented. ACTION: Motion passed 5-0. Public Comment There was no public comment. 7. Lethal Yellowing Contract Renewals Director Stuart Trent provided background information regarding the ongoing lethal yellowing contracts the Town undertakes to treat 12,000 trees three times annually. He stated this is the final renewal of a three-year contract with two one-year options. Staff recommended approval, with new contracts to be reviewed before the next fiscal year. The program is fully funded in the 2025 budget. Commissioner Taddeo asked about white fly solutions. Director Trent said research is limited but effective methods exist, including using Safari to treat trees and rotating chemicals to avoid resistance. King Tree Service does not handle treatments but provides consulting. Public Comment There was no public comment. MOTION: Commissioner Taddeo/ Commissioner Warner moved to approve the one-year contract renewal option. ACTION: Motion passed 5-0. 8. Waste and Recycling Spending Authorization Request Director Stuart Trent provided background information pertaining to the Town's ongoing engagement with Coastal Waste and Recycling and explained the staff's request for $65,000 spending authorization. Public Comment There was no public comment. MOTION: Commissioner Scott/ Commissioner Warner moved to approve the $65,000 spending authorization. ACTION: Motion passed 5-0. 9. Board and Committee Vacancies and Appointments Mayor Townsend announced each appointment and requested Commission affirmation of the following: • Ann Jackson - Scholarship Committee • Deane Blazie - BOA • Kate Nelson - Vice Chair LPA

She also notified the Town Committee of EB Smith’s resignation from the BOA, noting a replacement has verbally agreed. Commissioner Scott expressed concern over affirming a person to the BOA who she does not know. MOTION: Vice Mayor Field/ Commissioner Scott moved to approve the recommendation of Ann Jackson. ACTION: Motion passed 5-0. MOTION: Vice Mayor Field/ Commissioner Scott moved to approve the recommendation of Kate Nelson to Vice Chair. ACTION: Motion passed 5-0. Commissioner Scott reiterated her concern about the last-minute nature of Deane Blazie’s recommendation. MOTION: Vice Mayor Field/ Commissioner Warner moved to approve the recommendation of Deane Blazie. ACTION: Motion passed 4-1, with Commissioner Scott voting in opposition. STANDING REPORTS 10. Town Attorney Report a. Litigation Update* Town Attorney Baird provided two litigation updates. In the Townsend case, discovery deadlines were extended to allow the Town, now a party to the case, sufficient time to prepare, and the trial was moved to next year. Additionally, mediation for pending WFSBL cases will take place next week, with hopes of reaching a global settlement. Town Attorney Baird also requested authorization to schedule a shade meeting in January to discuss the pending litigation. b. Other Items* Mayor Townsend referred to an open house event and asked staff to prepare a special event ordinance to bring back to the January meeting. The Town Commission recessed at approximately 11:43 AM. The Town Commission reconvened at approximately 11:47 AM. Commissioner Warner inquired about gas leaf blowers and requested staff to bring back information on the Vero Beach action. Director Trent agreed. Ms. Layman provided two brief updates. First, she noted the Mayor’s recent attendance at the Treasure Coast Regional League of Cities and the Florida League of Cities’ legislative policy meeting in Orlando, highlighting the significant drive time involved. She reminded the Commission of the annual holiday luncheon on December 18, which will feature the Florida League of Cities president. Second, she updated

on the upcoming Florida Legislative session, which will run from March to May. The House Speaker emphasized avoiding legislation that dictates personal choices, while the Senate President indicated a decline in member projects, encouraging municipalities to seek funding through existing loan and grant programs instead of individual budget line items. 11. Financial Report a. Monthly Financial Report Director Mathew Pazanski reviewed the current finance report. He explained the total revenues at $4.6M and expenditures at $1.3M. He informed the Commission that the recent Martin County half-cent surtax referendum for conservation and preservation of environmentally significant lands passed. The Town will receive approximately $100,000 to $120,000 annually over 10 years, totaling over $1M. The funds are designated for specific purposes outlined in the County ordinance, and staff will seek Commission approval as needs arise. Director Pazanski also summarized the reserve rollover funds. b. Other Items* There were none. 12. Building Department Report Director Catherine Harding provided a brief summary of the monthly Building Department and Code Enforcement reports. a. Building Department Reports Director Harding provided the November 2024 Building Department report covering October 28 to November 21. During this period, 16 building permits were issued totaling $256,878.00 in value, with $32,110 in permit fees collected. Inspectors completed 164 inspections, issued 43 Certificates of Occupancy, and closed 20 old permits. Year-to-date, 180 permits have been issued with a total value of $72,652,756. Kimley-Horn is working on revising the Comprehensive Plan and updating land regulations, currently in the information-gathering stage. One IRC meeting was held, but there were no applications or meetings for the Board of Adjustment. With winter season underway, letters were sent to contractors reminding them to adhere to work regulations to maintain peace and quiet. b. Code Compliance Report Code compliance addressed 33 issues, including seven construction and landscape maintenance cases, four noise complaints, three property maintenance cases, 11 vehicles in the right-of-way, and two land development violations. Commissioner Scott asked if there were more code issues on the north end than the south end. Director Harding explained there is a lot of construction occurring at one time on the north end. c. Other Items* Ordinances 401 and 402 were passed today. 13. Public Safety Chief Ewing provided an update on the monthly public safety activity report. He also noted that the Town

has taken possession of the new marine unit vessel which is on display in the parking lot and should be in service within the upcoming week. a. Police Activity Report Chief Ewing referred to the speed measuring signs as discussed during the Town Coffee. Chief Ewing suggested purchasing a mobile trailer unit to use on North Beach Road as well as other locations. Chief Ewing reported 131 service calls in November, two arrests, and no major crimes. Officers recovered 18 kilos of cocaine, worth nearly $1 million, washed ashore, with patrols continuing for additional packages. Increased offshore immigration activity has been effectively managed by Homeland Security and partner agencies, preventing island landings this year. A man arrested for harassing a chaplain remains in custody on a $25,000 bond. Vice Mayor Field asked if there is equipment that may be helpful to enforce near shore activity. Chief Ewing stated that the Sheriff is utilized as well as night vision. b. Other Items* There were no other items discussed. OTHER ITEMS 14. Meeting Dates - December 12, 2024 – Annual Board/Committee Member & Town Employee Appreciation Luncheon –12PM - January 8, 2025 - Town Coffee with Commissioner Scott – 9AM - January 8, 2025 – SMRU/ Beach Protection District Meetings – 10AM - January 9, 2025 – Town Commission Meeting – 9AM - February 18, 2025 – Town Coffee with Commissioner Taddeo – 9AM - February 18, 2025 – SMRU / Beach Protection District Meeting – 10AM - February 19, 2025 – Town Commission Meeting – 9AM - March 18, 2025 – Municipal Election (3 seats) - March 20, 2025 – Town Coffee with Commissioner Scott – 9AM - March 20, 2025 – Beach Protection District Meetings – 10AM - March 21, 2025 – Town Commission Meeting and Swearing in of newly elected officials Mayor Townsend agreed to host the March Coffee instead of Commissioner Scott. 15. Other Items* Mayor Townsend highlighted the Treasure Coast Regional League’s December 18 luncheon, covering taxes, sovereign immunity, affordable housing, and impact fees, emphasizing collaboration with other municipalities. She also reminded everyone of the Town’s holiday luncheon on December 12. Commissioner Scott noted she would not in be attendance at the holiday luncheon. Mayor Townsend adjourned the meeting at 12:09 PM. Respectfully submitted,

Kimberly Kogos, Town Clerk