[Call to Order] [00:00:05] GOOD EVENING. HAPPY NEW YEAR, EVERYONE. I'D LIKE TO CALL THIS MEETING TO ORDER. WOULD YOU PLEASE RISE AND JOIN ME IF YOU'RE ABLE, FOR THE PLEDGE OF ALLEGIANCE. 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. THANK YOU ALL. WOULD THE CITY CLERK PLEASE READ THE ROLL? MAYOR TINSLEY HERE. VICE MAYOR MIDDLETON HERE. COUNCIL MEMBER REED HERE. COUNCIL MEMBER HERE. COUNCILMEMBER KEMP HERE. THANK YOU. DO WE HAVE ANY ADDITIONS, DELETIONS OR MODIFICATIONS? NO, MA'AM. THANK YOU. AND WE DO NOT HAVE ANY PRESENTATIONS THIS EVENING. SO WE'RE GOING TO MOVE ON TO COMMENTS FROM THE PUBLIC FOR ITEMS THAT ARE NOT ON THE AGENDA. [V. COMMENTS FROM THE PUBLIC] AS WE BEGIN THE BUSINESS PORTION OF THE FIRST MEETING OF THE YEAR, I WOULD LIKE TO TAKE A MOMENT TO GENTLY REMIND EVERYONE OF OUR SHARED EXPECTATIONS. PALM BEACH GARDENS HAS A CODE OF CONDUCT THAT WE ASK ALL VISITORS TO FOLLOW, AND IT APPLIES JUST AS MUCH TO THOSE OF US ON THE DAIS. WE AIM TO TREAT ONE ANOTHER WITH RESPECT, LISTEN THOUGHTFULLY, AND SHARE DIFFERING VIEWS IN CALM AND CONSTRUCTIVE WAY. AS A NEW YEAR'S RESOLUTION, LET'S HONOR THIS CODE TOGETHER AND HELP CREATE A SAFE, WELCOMING AND RESPECTFUL PLACE WHERE ALL VOICES CAN BE HEARD. THANK YOU AND AGAIN, HAPPY NEW YEAR! SO FIRST UP WE HAVE JOAN JOAN ATWATER. IF YOU CAN PLEASE COME UP TO THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, JOAN ALT WATER, 9180 CYPRESS HOLLOW DRIVE, PALM BEACH GARDENS, FLORIDA 33418. HAPPY NEW YEAR TO COUNCIL MEMBERS MAYOR. SO RESPONSIBILITY WHICH IS NOT ON THE AGENDA, IS SOMETHING I THINK IT'S IMPORTANT TO BRING TO LIGHT WITH ALL THE EVENTS THAT ARE GOING ON WORLDWIDE. MOST RECENTLY YESTERDAY A COUPLE OF THINGS COME TO MIND WITH RESPONSIBILITY. ONE OF THE THINGS COMES TO MIND IS OUR AGREEMENT WITH ICE. AND WHAT RESPONSIBILITIES HAVE WE DEMANDED OF THEM IN PARTNERING TO DETERMINE WHAT TRAINING THEY'VE HAD? DOES IT MEET THE STANDARDS WHICH WE REQUIRE OF OUR OWN POLICE DEPARTMENT? DOES IT REQUIRE THE TRAINING, THE BACKGROUND, EDUCATION EXPERIENCE, PARTICULARLY IN URBAN SETTINGS? BECAUSE IT SEEMS TO ME BOUNDARIES ARE BEING EXCEEDED. SO THAT'S A QUESTION I HAVE. DO WE DEMAND THE SAME TRAINING OF THOSE PEOPLE? THE OTHER THING HAS TO DO WITH CITY COUNCIL, WE ELECTED MEMBERS TO OUR CITY COUNCIL, AND I THINK IT'S IMPORTANT THAT RESPONSIBILITIES, AS I UNDERSTAND, WE HAVE A MAYORAL SITUATION HERE. SO THE MAYOR, WHEN VITAL DECISIONS REGARDING POLICY ARE TO BE MADE, IT SEEMS TO ME THAT'S SOMETHING THAT COUNCIL SHOULD BE MADE AWARE OF SITUATIONS AND THAT THEY SHOULD HAVE OPPORTUNITY TO DISCUSS IT, PERHAPS BRING IT UP BEFORE THE PUBLIC AND GET PUBLIC INPUT AS TO HOW IT AFFECTS US PERSONALLY. AND SO IN THIS REGARD, I STAND FIRM AND HAVE THAT EXPECTATION. OUR ELECTED COUNCIL MEMBERS THEN GO AHEAD AND ELECT A MAYOR. VICE MAYOR. SO WHAT ARE WE DOING TO VET THAT PROCEDURE? ARE OUR ELECTED REPRESENTATIVES FULFILLING THEIR RESPONSIBILITIES AND WORKING WITH OUTSIDE INTERESTS, WORKING WITH STAFF, WITH THE ADMINISTRATIVE PEOPLE WHO REPORT TO HIRED PERSONNEL WHO ALSO ARE TO BE CONTROLLED AND. UNDERSTOOD AND INFORMED BY STAFF AS TO WHAT'S GOING ON. THIS KIND OF LEADS INTO, I THINK, SOME OF THE NEXT DISCUSSION, WHICH WILL PROBABLY BE ON THE AGENDA REGARDING THE MENORAH. I CAN TELL YOU I WAS DISAPPOINTED BECAUSE WE USED TO HAVE A MUTUAL CELEBRATION. I REMEMBER THAT, AND IT WAS ECONOMY OF SCALE. POLICE WERE THERE ALREADY, SO THEY WERE ALREADY PROTECTING THE PARTICIPANTS. IT SHOULD BE A UNIFIED COMMUNITY. THAT'S WHAT HELPS SELL US ON PALM BEACH GARDENS. [00:05:01] WHEN WE MOVED HERE. THANK YOU. THANK YOU VERY MUCH. AND NEXT WE HAVE HELEN BROWN. WOULD YOU PLEASE COME TO THE PODIUM? AND AFTER THAT WE HAVE RAMONA BEAN. HELLO. MY NAME IS HELEN BROWN. I LIVE AT 10162 PLANT DRIVE, PALM BEACH GARDENS. FIRST, I'D LIKE TO SAY THAT I LIVE ACROSS THE STREET FROM THE ICE RINK. PREVIOUSLY, I WAS TOLD THAT THERE WAS A DUST MONITOR, AND I COMPLAINED ABOUT THE DUST AND THE ARSENIC. I WAS CONCERNED ABOUT THAT. I WAS TOLD THERE WERE TESTS DONE, AND I'D LIKE TO SEE HOW I CAN GET THE RESULTS OF THAT. THANK YOU. I'M HERE TO FORMALLY RAISE SEVERAL ONGOING CONCERNS ABOUT THE CONSTRUCTION TRAFFIC AND THE INFRASTRUCTURE DAMAGE I PREVIOUSLY BROUGHT THE ATTENTION OF TO THE BOARD ABOUT CONSTRUCTION TRUCKS ACCESSING THE SITE. THEIR EXCESSIVELY HEAVY AND THEY POSE A SERIOUS RISK TO OUR NEIGHBORHOODS, ROADWAYS, DRAINAGE SYSTEMS AND UNDERGROUND PLUMBING INFRASTRUCTURE. AT THAT TIME, WE WERE TOLD THAT SEACOAST HAD APPROVED THE ACTIVITY AND THAT NO DAMAGE WOULD OCCUR. HOWEVER, I MUST REITERATE THAT THESE TRUCKS ARE NOT ABLE TO SAFELY NAVIGATE THE TURN INTO THE CONSTRUCTION SITE. AS A RESULT, THEY REPEATEDLY DRIVE BACK AND FORTH ATTEMPTING TO ENTER THE ENTER AND EXIT, CAUSING ADDITIONAL STRAIN ON THE ROADWAY. I HAVE PERSONALLY WITNESSED DRIVERS DRIVING UP ONTO THE RESIDENTIAL GRASS AND ON THE DRAINAGE SYSTEM AND PLUMBING INFRASTRUCTURE. THESE TRUCKS ARE HAULING EXTREMELY HEAVY LOADS, INCLUDING LARGE QUANTITIES OF CEMENT AND STEEL. I AM FORMALLY NOTIFIED YOU AGAIN THAT WHEN IF NOT IF WHEN NOT IF PLUMBING OR DRAINAGE DAMAGE OCCURS, I WOULD FULLY EXPECT THAT PBN OR THE CITY OF PALM BEACH GARDENS TAKE RESPONSIBILITY FOR THE NECESSARY REPAIRS. ADDITIONALLY, THE INTERSECTION OF LILAC AND PLANT DRIVE WAS TORN UP WITHOUT ANY NOTICE TO RESIDENTS. WE WERE TOLD THAT WE WOULD BE NOTIFIED AS WE WANTED TO WORK CLOSELY AS A TEAM. THE ROAD WAS LEFT WITHOUT ASPHALT AND UNCOVERED WITH LOOSE ROCKS. THEY WERE GONE WITHIN HOURS. THIS FORCED RESIDENTS TO DRIVE OVER A HOLE THAT STRETCHED THE ENTIRE ROAD. THIS WENT ON FOR A WEEK. IT JUST WAS REFILLED WITH ROCKS BUT NO ASPHALT. THIS IS A CAUSE FOR UNNECESSARY WEAR AND DAMAGE TO PERSONAL VEHICLES. THESE CONDITIONS ARE UNACCEPTABLE. THE SITE MAINTENANCE AND APPEARANCE. THE CONDITION OF THE SURROUNDING PROPERTY IS EQUALLY CONCERNING. I UNDERSTAND THAT CONSTRUCTION IS UNDERWAY. HOWEVER, THAT DOES NOT EXCUSE THE LACK OF BASIC MAINTENANCE. THE GRASS IS OVERGROWN, DEBRIS IS DISCARDED, BOXES ARE SCATTERED THROUGHOUT THE AREA, AND THE SITE LOOKS NEGLECTED. WHEN THE CITY MAINTAINED THIS PROPERTY. IT WAS KEPT CLEAN AND ORDERLY. THE CURRENT STATE IS FRANKLY UNACCEPTABLE. BLOCK SIDEWALKS DO NOT JUSTIFY LEAVING PILES OF DIRT, LOOSE PAPER, CONSTRUCTION DEBRIS OR COILS OF EXPOSED MATERIAL SPEWED ALL OVER. THERE ARE HOMES. RESIDENTS LIVE HERE. WE PAY HIGH TAXES IN PALM BEACH COUNTY AND WE SHOULDN'T BE SUBJECT TO THESE CONDITIONS. MY LAST ITEM, WHICH I DIDN'T KNOW ANYBODY ELSE WAS BRINGING UP. FINALLY, I'D LIKE AN EXPLANATION AS TO WHY THERE'S A CHRISTMAS TREE YET NO MENORAH. THIS RAISES CONCERNS ABOUT EQUAL REPRESENTATION AND INCLUSIVITY. NOW, MAYBE I JUST DIDN'T SEE IT OR KNOW WHERE IT WAS, BUT I HAVEN'T BEEN AWARE OF ONE. OR A LIGHTING OF A MENORAH. LIKE WE LIGHT THE CHRISTMAS TREE. THANK YOU FOR YOUR TIME, I APPRECIATE IT. THANK YOU SO MUCH, RAMONA BEAN. AND AFTER THAT WILL BE SID DINERSTEIN. GOOD EVENING. RAMONA BEAN 5439 CICADA WAY. GOOD EVENING, MADAM MAYOR AND CITY COUNCIL AND CITY STAFF AND ALL MY FELLOW CITIZENS. I'M JUST COMING UP TODAY ABOUT THE. I GUESS IT'S CALLED PBG NOW APP. I'VE BEEN USING IT NOW, I THINK SINCE MAY OR WHENEVER IT STARTED. AND I JUST WANT TO SAY AGAIN, THANK YOU. WITH ALL THE TRAFFIC STUFF THAT'S BEEN HAPPENING AND UNFORTUNATE ACCIDENTS LATELY, IT DOES HELP BUSY FOLKS LIKE MYSELF AND MOMS THAT ARE JUST TRYING TO GET OUR KIDS TO PLACES SAFELY. AS I'M SURE THE CITY STAFF, WHOEVER'S HANDLING THE APP. AND BY THE WAY, ANYONE WHO'S LISTENING, PLEASE DOWNLOAD THE APP. IF YOU LIVE IN PALM BEACH GARDENS, IT IS HELPFUL IF THERE'S ANY UPDATES COMING UP. AND FORGIVE ME IF YOU HAVE CONSIDERED THIS UPDATE. I KNOW BY LAW WE HAVE TO POST ANYTHING THAT HAPPENS LIKE A CITY HEARING OR PLANNING AND ZONING, OR IF THERE'S GOING TO BE A CHANGE TO ZONING AND IT'S USUALLY POSTED ON A ON A PROPERTY OR IT'S POSTED ON LIKE IN THE PALM BEACH POST. I'LL BE THE FIRST TO ADMIT I DON'T ALWAYS READ THE PAPER OR GET TO IT. I DON'T KNOW IF WE CAN HAVE THAT ON THE APP. I KNOW IT'S NOT REQUIRED BY LAW, BUT I JUST THOUGHT IT MIGHT BE AN IDEA TO HELP CITIZENS STAY MORE INFORMED. AND ESPECIALLY THE MORE TECH SAVVY PEOPLE. THERE'S PEOPLE MUCH MORE SAVVY AT THE TECH, BUT I THINK IT WOULD HELP CITIZENS STAY INFORMED. THAT'S ALL I HAVE TO SAY. THANK YOU SO MUCH FOR YOUR TIME. THANK YOU VERY MUCH. NEXT TO DINERSTEIN AND AFTER THAT WILL BE ERIC. JACQUELINE. THANK YOU MAYOR. MY NAME IS [00:10:04] SID DINERSTEIN. I LIVE AT 15 SAINT GEORGE PLACE. I'M A 35 YEAR RESIDENT OF PALM BEACH GARDENS. I REVIEWED PART OF LAST MONTH'S COUNCIL MEETING. I FOUND THAT THE COUNCIL UNNECESSARILY REMOVED THE MENORAH FROM THE PIANO. OUR CITY ATTORNEY, MAX LOWMAN, DECLARED THE MENORAH A VIOLATION OF CURRENT LEGAL DECISIONS. OUR CITY ATTORNEY IS WRONG, EITHER THROUGH INCOMPETENCE OR MALICE. OUR CITY ATTORNEY THEN USED HIS FAULTY VERSION OF THE APPLICABLE CASE LAW AS A CLUB TO BLUDGEON THE CITY COUNCIL AND END ALL ADULT DISCUSSION. OUR CITY ATTORNEY UNILATERALLY REMOVED ALL FIRST AMENDMENT PROTECTION FROM THE COUNCIL AND THE RESIDENTS. HE THEN TWICE THREATENED BODILY HARM TO ANYONE WHO EXERCISED THEIR FIRST AMENDMENT RIGHTS TO MAKE STATEMENTS THAT HE, THE CITY ATTORNEY, FOUND DISAGREEABLE. PALM BEACH GARDENS IS ALL GROWN UP NOW. WE ARE SECOND IN RATABLES IN PALM BEACH COUNTY AND FIRST IN POPULATION GROWTH. WE ARE HOME TO THOUSANDS OF SUCCESSFUL, ACTIVE AND RETIRED PROFESSIONALS, AND YET OUR CITY COUNCIL FUNCTIONS LIKE A JUNIOR HIGH SCHOOL STUDENT GOVERNMENT. THE BIGGEST BULLY WINS. OUR COUNCIL IS NOT EQUAL TO OUR POPULACE. THERE IS NOT A CITY COUNCIL IN THE COUNTRY THAT WOULD STILL BE EMPLOYING A STAFF MEMBER WHO THREATENED BODILY HARM TO ANYONE. AND YET, HERE WE ARE, ANOTHER COUNCIL MEETING, ANOTHER OPPORTUNITY FOR STAFF TO IMPOSE ITS WILL AND AGENDA ON THE COUNCIL AND THE CITY. AND THE FIVE OF YOU WILL HAVE TO POSTPONE YOUR PERSONAL AGENDAS AS YOU AS YOU SUBORDINATE YOUR LEGAL PREROGATIVES TO STAFFS ASSUMED PREROGATIVES. MY PROPOSAL ON BEHALF OF 62,000 RESIDENTS, I CALL ON OUR FIVE COUNCIL PEOPLE TO FIRE OUR CITY ATTORNEY TONIGHT BEFORE HE TAKES AWAY ANY MORE OF OUR RIGHTS, OR HE FOLLOWS THROUGH ON HIS THREATS TO HARM OUR CITIZENS. WE THE CITIZENS ARE BETTER THAN THAT. YOU, YOU, THE COUNCIL HAVE ACQUIESCED TO THAT UNACCEPTABLE BEHAVIOR FOR YEARS. TAKE BACK YOUR LEGAL POWER. GIVE US BACK OUR LEGAL PROTECTIONS. THANK YOU. THANK YOU. NEXT ERIC JAVELIN. AND AFTER THAT IS LINDA STOCK. GOOD EVENING. MY NAME IS ERIC. JAVELIN, 184 THORNTON DRIVE, PALM BEACH GARDENS, FLORIDA. I LOVE WHAT YOU DID WITH THE PLACE. REALLY NICE. CONGRATULATIONS. AT THE LAST COUNCIL MEETING, I STOOD HERE AND ASKED A SIMPLE QUESTION. WHAT HAPPENED TO THE CITY MENORAH? AND WHY WASN'T IT DISPLAYED ALONG WITH ALL THE OTHER HOLIDAY DECORATIONS? FORMER MAYOR LEVY AND LITT BASICALLY ASKED THE SAME QUESTION. OUR QUESTIONS WERE ANSWERED INITIALLY BY RON, WHO BASICALLY TOLD US THAT BECAUSE SOMEONE COMPLAINED TO THE CITY ABOUT THE MENORAH LAST YEAR AND THREATENED A LAWSUIT IF IT WASN'T REMOVED, THE DECISION WAS MADE BY RON AND MAX TO NO LONGER DISPLAY THE MENORAH INSIDE CITY HALL GOING FORWARD. A COUPLE OF DAYS AFTER THAT COUNCIL MEETING, I MADE A PUBLIC RECORDS REQUEST FOR ANY AND ALL THREATS MADE BY THE CITY, AS REFERENCED BY THE CITY MANAGER AND CITY ATTORNEY AT THE AT THE COUNCIL MEETING. AS OF THIS DATE, I'VE NOT HEARD THE CITY FROM THE CITY REGARDING THOSE ALLEGED THREATS. AT THE END OF THE MEETING, MAX DEFENDED THE CITY'S DECISION BY GIVING AN EXPLANATION AS TO WHY THE MENORAH WAS REMOVED. HE ALSO WENT ON TO DEFEND HIMSELF AGAINST ANY IMPLICATION THAT THE REMOVAL OF THE MENORAH WAS IN ANY WAY ANTI-SEMITIC ON HIS PART, AND WENT SO FAR AS TO THREATEN ANYONE WHO ACCUSED HIM OF BEING ANTI-SEMITIC. THE WORDS HE USED WERE, QUOTE, PACK A LUNCH BECAUSE I WILL NOT FIGHT YOU WITH WORDS. I DO NOT KNOW WHERE ALL THAT CAME FROM, CERTAINLY NOT FROM ME. I'VE ALWAYS BEEN NOTHING BUT RESPECTFUL WHEN IT COMES TO MY DEALINGS WITH THE CITY ATTORNEY AND OR THE CITY MANAGER, AND I WOULD HOPE THAT DESPITE ANY DIFFERENCE OF OPINION WE MAY HAVE, THAT WE MAINTAIN THAT MUTUAL RESPECT. I'VE LIVED IN THIS CITY FOR ALMOST 40 YEARS, AND IN THAT TIME I'VE SERVED ON THE CITY COUNCIL FOR MORE THAN 25 OF THOSE YEARS AS A COUNCILMAN, VICE MAYOR, AND MAYOR. IN THAT TIME, I'VE NEVER BEEN TREATED BY OR SPOKEN TO BY ANY MEMBER OF THIS CITY STAFF THE WAY I WAS THE LAST TIME I WAS HERE. EVERYONE KNOWS MY PERSONAL INTEREST IN THIS ISSUE OF THE MENORAH, AND THAT IS WHY I SPOKE AT THE LAST MEETING WHEN THIS SO-CALLED [00:15:10] THREAT WAS MADE LAST YEAR. THE DECISION WAS MADE UNILATERALLY BY STAFF WITHOUT COUNSEL, INPUT OR FORMAL APPROVAL BY THE CITY COUNCIL TO REMOVE THE MENORAH NOT ONLY FROM CITY HALL, BUT ALSO THE MENORAH FROM BURNS ROAD COMMUNITY CENTER ACROSS THE STREET. THIS CITY, UNDER ITS CHARTER, OPERATES AS A COUNCIL MANAGER FORM OF GOVERNMENT, AND AS SUCH, THE CITY COUNCIL HAS THE DUTY AND AUTHORITY TO SET CITY POLICY. THEY APPROVED THE BUDGET, APPROVED CITY ORDINANCES AND RESOLUTIONS, AND APPOINT THE CITY MANAGER AND CITY ATTORNEY. THE CITY MANAGER'S ROLE IS TO ADMINISTER TO THE BUDGET, TO MANAGE THE CITY'S DEPARTMENTS, TO HIRE AND FIRE STAFF, AND TO CARRY OUT THE COUNCIL'S DIRECTIVES. I SUBMIT THAT THE DECISION WHETHER OR NOT TO DISPLAY A CITY MENORAH, A CHRISTMAS TREE, OR ANY OTHER HOLIDAY DECORATION FALLS WITHIN THE CATEGORY OF CITY'S POLICY AND THEREFORE NEED THE ADVICE AND CONSENT OF THE CITY COUNCIL. I'LL FINISH IN JUST A SECOND. I BELIEVE THAT WHETHER OR NOT TO DEFEND THE CITY AGAINST ANY THREAT OF LEGAL ACTION ALSO FALLS WITHIN THAT VERY SAME POLICY DECISION, AND SHOULD ALSO BE APPROVED BY THE CITY COUNCIL. I'M NOT HERE TO MAKE TROUBLE FOR ANYBODY. I'M HERE AS A CONCERNED RESIDENT WHO HAS A VESTED INTEREST IN THIS ISSUE AND WANTS THE CITY COUNCIL I VOTED FOR FOR TO MAKE THIS DECISION AND NOT AN ADMINISTRATOR. WITH THAT. I THANK YOU FOR LISTENING TO ME. I WISH YOU ALL A HAPPY NEW YEAR. I HAVE A COUPLE OF PICTURES I WANT TO GIVE TO YOU. I'M GOING TO GIVE IT TO THE MAYOR. BASICALLY, IT'S THE INSPIRATION FOR THE MENORAH. IF YOU CAN, PLEASE GIVE IT TO THE CITY CLERK. AND THANK YOU VERY MUCH FOR YOUR COMMENTS. THE INSPIRATION FOR THE MENORAH. JUNO BEACH, 1997. AND IT WAS THERE THIS YEAR AS WELL. THANK YOU. THE NEXT ONE, THE NEXT ONE UP IS LINDA STOCK. THANK YOU. AFTER THAT IS DAMIEN MURRAY. HAPPY NEW YEAR EVERYBODY I'M LINDA STOCK I LIVE IN 104 VINTAGE ALE LANE PALM BEACH GARDENS, AND I'VE BEEN A RESIDENT SINCE 1981. REMOVING THE MENORAH IS NOT JUST A POLICY MISTAKE, IT IS A CLEAR VIOLATION OF SETTLED CONSTITUTIONAL LAW. THE SUPREME COURT HAS SPOKEN DIRECTLY TO THIS ISSUE IN COUNTY OF ALLEGHENY VERSUS ACLU, 1989, THE COURT HELD THAT A MENORAH DISPLAYED ALONGSIDE A CHRISTMAS TREE IS CONSTITUTIONAL BECAUSE THE OVERALL CONTEXT COMMUNICATES A SECULAR, INCLUSIVE HOLIDAY MESSAGE. THE COURT EXPLICITLY APPROVED THE VERY TYPE OF DISPLAY OUR CITY HAS USED FOR YEARS. THIS WAS NOT JUST A CLOSE CALL. FIVE JUSTICES AGREED THAT SUCH A COMBINED DISPLAY SATISFIES THE ESTABLISHMENT CLAUSE, AND THE COURT REAFFIRMED WHAT IT SAID EARLIER IN LYNCH V DONNELLY. 1984 THE CONSTITUTION DOES NOT REQUIRE GOVERNMENT TO STRIP ALL RELIGIOUS SYMBOLS FROM PUBLIC SPACES. IT REQUIRES NEUTRALITY, NOT HOSTILITY AND NOT EXCLUSION. UNDER THESE PRECEDENTS, OUR LONG STANDING DISPLAY WAS FULLY COMPLIANT. THE DECISION TO REMOVE THE MENORAH IS NOT. IF THE COUNCIL WAS TOLD THAT THE MENORAH IS UNCONSTITUTIONAL, THEN YOU WERE GIVEN ADVICE THAT CONFLICTS WITH BINDING SUPREME COURT LAW. THE ESTABLISHMENT CLAUSE HAS NOT CHANGED. THE CITY'S INTERPRETATION HAS, AND IT IS WRONG. I URGE YOU TO CORRECT THIS ERROR, RESTORE THE MENORAH, AND RETURN OUR HOLIDAY DISPLAY TO A POSITION THAT IS INCLUSIVE, CONSTITUTIONAL, AND LEGALLY DEFENSIBLE. THANK YOU FOR YOUR TIME. THANK YOU. NEXT UP, DAMIEN MURRAY. AND AFTER THAT IS HEATHER LEVY. HELLO. MY NAME IS DAMIEN MURRAY. I LIVE AT 10171 SIENNA OAK CIRCLE, EAST PALM BEACH GARDENS. I JUST REALLY WANTED TO MAKE A REAL SHORT STATEMENT ABOUT THE MENORAH. I'M ACTUALLY RUNNING FOR CITY COUNCIL AS WELL. GROUP FIVE IN MARCH, AND IF ELECTED IN MARCH NEXT DECEMBER, I'M GOING TO MAKE SURE THAT THE MENORAH IS BACK ON THAT PIANO. THANK YOU. THANK YOU. NEXT UP, HEATHER DEUTCHMAN. AND AFTER THAT IS DAVID LEVY. GOOD EVENING, HEATHER DEUTCHMAN LEVY, 3111 GARDENS EAST DRIVE, PALM BEACH GARDENS. GOOD EVENING, MAYOR AND COUNCIL MEMBERS. FOR MORE THAN A YEAR AND A HALF NOW, I'VE SPOKEN REGULARLY AT CITY HALL ABOUT TRANSPARENCY AND ACCOUNTABILITY IN OUR CITY, NOT JUST AS A TALKING POINT, BUT AS A FOUNDATIONAL RESPONSIBILITY OF GOVERNMENT. [00:20:03] MANY OF THE COUNCIL KNOW THAT I HAVE EMAILED COUNCIL MEMBERS FREQUENTLY, WITH INFORMATION OBTAINED THROUGH PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT REQUESTS THAT MAY NOT HAVE BEEN OTHERWISE SHARED WITH YOU. LAST MONTH'S MEETING HIGHLIGHTED WHY THIS MATTER IS SO DEEPLY TO ME. AT THAT MEETING, RESIDENTS LEARNED, ALONG WITH COUNCIL MEMBERS, THAT A CITY POLICY HAD BEEN CHANGED OR UPDATED WITHOUT COUNCIL APPROVAL. IT SEEMS THERE WAS NO DISCUSSION AS WELL. IT WAS ALSO STATED THAT THERE WAS A NEWER, UNNAMED LEGAL THREAT CONNECTED TO THAT ISSUE. AGAIN, SOMETHING COUNCIL MEMBERS SEEMED UNAWARE OF. BASED ON FOLLOW UP QUESTIONS, THE SURPRISE EXPRESSED BY COUNCIL WAS STRIKING AND IT RAISED A SERIOUS CONCERN. TRANSPARENCY IS NOT JUST AN ISSUE FOR RESIDENTS, IT IS ALSO AN ISSUE FOR THE COUNCIL. IF A DECISION WAS MADE IN 2023 NOT TO DECORATE CITY HALL WITH RELIGIOUS SYMBOLS, AND THAT DECISION CARRIED LEGAL IMPLICATIONS OR THE RISK OF LITIGATION, THEN THE COUNCIL AT THE TIME SHOULD HAVE BEEN INFORMED. POLICY DECISIONS AND THEIR RISK MUST COME THROUGH THIS BODY. COUNCIL SHOULD NOT BE LEARNING AFTER THE FACT THAT A POLICY CHANGED, OR A NEW LEGAL THREAT EXISTED WITHOUT HAVING BEEN BRIEFED OR GIVEN THE OPPORTUNITY TO WEIGH IN MORE BROADLY, OVER THE PAST FEW MONTHS, I'VE WATCHED COUNCIL MEMBERS ASK FOR THE SAME INFORMATION ABOUT A SPECIFIC PROJECT. DESPITE REPEATED REQUESTS, NO RESPONSE OR UPDATE HAS YET BEEN PROVIDED. PERHAPS TONIGHT IS THE NIGHT, BUT WHEN MULTIPLE COUNCIL MEMBERS MUST REQUEST THE SAME INFORMATION AND RECEIVE NONE, THAT IS NOT A ONE OFF. IT POINTS TO A SYSTEMIC OPERATIONAL PROBLEM WITH HOW INFORMATION IS SHARED. WHEN I ADVOCATE FOR TRANSPARENCY, IT IS NOT ONLY ON BEHALF OF THE RESIDENTS, IT'S ON BEHALF OF COUNCIL MEMBERS. SO THEY HAVE CLEAR, TIMELY AND COMPLETE INFORMATION TO MAKE INFORMED DECISIONS. OPEN COMMUNICATION IS ESSENTIAL FOR EFFECTIVE GOVERNANCE AND WITHOUT IT, ACCOUNTABILITY BREAKS DOWN. THIS IS NOT A NEW ISSUE. IT'S ONE I RECOGNIZED LONG AGO, AND IT'S A PATTERN THAT HAS EXISTED IN THE CITY FOR YEARS. THAT IS WHY IT NEEDS TO BE ADDRESSED AS A SYSTEM PROBLEM, NOT AN INDIVIDUAL ONE. I ABSOLUTELY BELIEVE THAT THOSE RESPONSIBLE FOR POLICY CHANGES BELIEVE THEY WERE ACTING IN THE CITY'S BEST INTEREST. HOWEVER, IT WAS NOT THEIR ROLE TO MAKE THOSE DECISIONS WITHOUT THE COUNCIL'S APPROVAL. THAT RESPONSIBILITY BELONGS TO THIS BODY IN THIS COUNCIL, WHICH IS WHY IT EXISTS. THANK YOU. THANK YOU VERY MUCH. NEXT, DAVID LEVY. FOR THE RECORD, DAVID LEVY. FOUR SEVEN, EIGHT EIGHT HOLLY DRIVE, PALM BEACH GARDENS. I'VE BEEN A RESIDENT SINCE 1989. ON DECEMBER 8TH, I WROTE A LETTER TO THE COUNCIL. THE MANAGER AND TO THE CITY ATTORNEY. IT WAS ABOUT THE MENORAH. AND I ESTABLISHED SOME FACTS IN THIS LETTER, WHICH I'M NOT GOING TO READ THE LETTER, BUT I'M GOING TO READ SOME OF THE FACTS. THE HANUKKAH MENORAH IS ONLY DISPLAYED DURING HANUKKAH. THE HANUKKAH IS A CELEBRATION OF THE ISRAELITE VICTORY OVER THE ASSYRIANS. THE STORY OF HANUKKAH IS FOUND IN MACCABEES ONE AND TWO, WHICH ARE NOT PART OF THE JEWISH BIBLE. IT IS NOT ONE OF THE MOST IMPORTANT RELIGIOUS CEREMONIES. AS A MATTER OF FACT, WE CELEBRATE IT BECAUSE IT'S PART OF THE SEASON. THE GENERAL USE OF HANUKKAH MENORAH HAS BEEN LONG ESTABLISHED AS A SYMBOL OF THE HOLIDAY, NOT THE CHRISTMAS TREE LIKE THE CHRISTMAS TREE. I ALSO DID AN ANALYSIS LOOKING AT SOME SUPREME COURT CASES WHICH HAVE BEEN REFERENCED EARLIER BY OTHER SPEAKERS. ONE WAS THE LEMMON CASE AND THE ANALYSIS OF THE OF THE LEMMON. LAW TO DETERMINE IF THE. DISPLAY WAS A VIOLATION OF THE ESTABLISHMENT CLAUSE OF THE FIRST AMENDMENT. MY ANALYSIS SHOWED THAT, IN FACT WAS NOT A VIOLATION OF THE ESTABLISHMENT CLAUSE. THERE IS ALSO LYNCH VERSUS DONNELLY IN 1984, WHICH THEY RULED THAT A CRECHE WAS ALLOWED AS LONG AS IT WAS A LONG TERM DISPLAY. OUR MENORAH HAS BEEN DISPLAYED SINCE AT LEAST 2003, BECAUSE I REMEMBER SEEING IT THERE. AND THEN THERE IS THE MOST IMPORTANT, WHICH WAS ALLEGHENY COUNTY VERSUS COUNTY VERSUS THE ACLU, WHICH ALSO ESTABLISHED THAT THE HANUKKAH MENORAH COULD BE DISPLAYED AS A SUPREME COURT REFERENCE IN 1989. I ALSO JUST DID A LITTLE BIT OF RESEARCH JUST FOR FUN AND GIGGLES, BECAUSE I KNOW FLORIDA REALLY WELL BECAUSE I'M A GEOLOGIST. I'VE BEEN TO EVERY PART OF FLORIDA. I SURVEYED CITIES FROM THE NORTHEAST PORTION TO THE NORTHWEST PORTION, TO THE CENTRAL NORTH THROUGH CENTRAL FLORIDA, THROUGH SOUTH FLORIDA, THE CITIES OF PENSACOLA, THE CITY OF MILTON, THE CITY OF SANTA ROSA, THE CITY OF MARIANNA, THE CITY OF TALLAHASSEE, THE CITY OF FERNANDINA BEACH, THE CITY OF JACKSONVILLE. THESE ALL HAVE HANUKKAH MENORAHS IN THEIR CITY HALLS. [00:25:02] CITY OF TAMPA. THE CITY OF ORLANDO. THE CITY OF WINTER PARK ALL HAVE HANUKKAH MENORAHS. THE CITY OF SAINT AUGUSTINE HAS A HANUKKAH MENORAH. MIAMI BEACH, CORAL GABLES, EVERY CITY THAT I'VE BEEN ASSOCIATED WITH IN MY LIFE HOLLYWOOD. THEY ALL HAVE HANUKKAH MENORAHS. AND IT KIND OF MAKES ME WONDER, WHY DOESN'T PALM BEACH GARDENS HAVE A HANUKKAH MENORAH? SO ONE LAST THING I'M GOING TO SAY. AND THEN I'M GOING TO SIT DOWN. IF I'M LUCKY ENOUGH TO GET ELECTED TO THIS CITY COUNCIL IN NOVEMBER, I'M GOING TO MAKE A MOTION FOR A RESOLUTION TO PUT THAT HANUKKAH MENORAH BACK ON THAT ON THAT PIANO. AND I'M GOING TO VOTE FOR THAT. THANK YOU. THANK YOU. THANK YOU. THESE ARE SERIOUS, STRONG COMMENTS. DOES ANYONE WANT TO HAVE A DISCUSSION? AND IF SO, NOW OR AT THE END OF THE AGENDA, CAN WE HAVE A DISCUSSION AT THE END OF THE AGENDA, PLEASE? ABSOLUTELY I AGREE. PERFECT. WE WILL DEFINITELY DO THAT. OKAY. NEXT WE HAVE THE CITY MANAGER REPORT. NO REPORT. OKAY. THE CONSENT AGENDA. DOES ANYONE WANT TO REMOVE ANYTHING FROM THE CONSENT AGENDA? [VII. CONSENT AGENDA] ANYBODY WANT TO REMOVE ANYTHING? OKAY THEN CAN I PLEASE HAVE A MOTION AND A SECOND FOR THE CONSENT AGENDA. I'LL MAKE A MOTION FOR THE CONSENT AGENDA TO APPROVE IT. SECOND. WE HAVE A MOTION AND A SECOND FOR THE CONSENT AGENDA. ALL IN FAVOR? AYE, AYE. MOTION CARRIES 5 TO 0. TONIGHT WE ARE HOLDING QUASI JUDICIAL HEARINGS ON THE FOLLOWING CASES. [VIII.a. ORDINANCE 17, 2025 – (2ND READING AND ADOPTION) FUTURE LAND USE AMENDMENT OF APPROXIMATELY 10.47 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A SMALL-SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES, PURSUANT TO APPLICATION NO. CPSS-25-02-0001, IN ORDER TO CHANGE THE LAND-USE DESIGNATION OF ONE (1) PARCEL TOTALING 10.74 ACRES, MORE OR LESS, KNOWN AS COCONUT PALM PLAZA FROM PALM BEACH COUNTY COMMERCIAL LOW WITH UNDERLYING RURAL RESIDENTIAL, ONE (1) UNIT PER 20 ACRES (CL/RR-20), TO PALM BEACH GARDENS COMMERCIAL (C), THE SUBJECT PROPERTY BEING LOCATED SOUTHEAST OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING THAT THE FUTURE LAND USE MAP SHALL BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.] ORDINANCE 18 2025. SECOND READING AND ADOPTION. PLANNED UNIT DEVELOPMENT PUD REZONING FOR APPROXIMATELY 10.47 ACRES. RESOLUTION 81 2025 SITE PLAN APPROVAL AND MAJOR CONDITIONAL USE FOR THE COCONUT PALM PLAZA ORDINANCE ONE 2026 FIRST READING CHANGING THE ZONING DESIGNATION AT 9598 ALTERNATE A1A. THIS MEANS THAT THE CITY COUNCIL IS REQUIRED BY LAW TO BASE ITS DECISION ON THE EVIDENCE CONTAINED IN THE RECORD OF THIS PROCEEDING, WHICH CONSISTS OF THE TESTIMONY AT THE HEARING, THE MATERIALS WHICH ARE IN THE OFFICIAL CITY FILE IN THE APPLICATION, AND ANY DOCUMENTS PRESENTED DURING THIS HEARING. THE COUNCIL IS ALSO REQUIRED BY LAW TO ALLOW CROSS-EXAMINATION OF ANY WITNESSES WHO TESTIFIED TONIGHT. CROSS-EXAMINATION MAY OCCUR AFTER THE STAFF, THE APPLICANT AND THE OTHER PARTICIPANTS HAVE MADE THEIR PRESENTATIONS AND WILL BE PERMITTED IN THE ORDER OF THE WITNESSES APPEARANCES. IT IS NECESSARY THAT ANYONE WHO TESTIFIES AT THE HEARING REMAIN UNTIL THE CONCLUSION OF THE HEARING IN ORDER TO BE ABLE TO TO BE RESPOND TO ANY QUESTIONS. IF YOU PLAN TO TESTIFY THIS EVENING OR WISH TO OFFER WRITTEN COMMENTS, PLEASE FILL OUT A COMMENT CARD AND GIVE IT TO THE CITY CLERK. THE COMMENT CARDS ARE OVER THERE. THE CITY CLERK WILL NOW SWEAR IN ALL PERSONS WHO INTEND TO OFFER TESTIMONY THIS EVENING ON ANY OF THESE CASES. DO YOU SOLEMNLY SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? THANK YOU, PATTY. AND WE WILL START BY ORDINANCE 17, 2025 ORDINANCE 17 2025. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163 FLORIDA STATUTES PURSUANT TO APPLICATION NUMBER CPS 25020001, IN ORDER TO CHANGE THE LAND USE DESIGNATION OF ONE PARCEL TOTALING 10.74 ACRES, MORE OR LESS KNOWN AS COCONUT PALM PLAZA FROM PALM BEACH COUNTY. COMMERCIAL LOW WITH UNDERLYING RURAL RESIDENTIAL ONE UNIT PER 20 ACRES. CARL RR 22 PALM BEACH GARDENS COMMERCIAL SEE THE SUBJECT PROPERTY BEING LOCATED SOUTHEAST OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD, PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163 FLORIDA STATUTES, PROVIDING THAT THE FUTURE LAND USE MAP SHALL BE AMENDED ACCORDINGLY, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THANK YOU PATTI. ORDINANCE 18 2025 AND RESOLUTION 81 2025 WILL BE COMBINED PRESENTATION WITH SEPARATE VOTES TAKEN ON EACH ITEM BEFORE THE COMBINED PRESENTATION. ARE THERE ANY EX PARTE COMMUNICATIONS ON ANY OF THESE ITEMS? I'LL START WITH THIS. YES. SORRY, I NEED TO RECUSE MYSELF BECAUSE I SIT ON THE GOVERNING BOARD FOR THE PALM BEACH GARDENS MEDICAL CENTER. SO. OKAY. AND I'M GUESSING YOU DO, TOO. YEAH, YEAH. ORDINANCE 17, ORDINANCE 18, AND RESOLUTION 81. NEITHER THE VICE MAYOR OR I WILL PARTICIPATING IN THOSE EVENTS. OKAY. [00:30:02] AND LET THE RECORD BE KNOWN. ANY EXPERTISE WITH THE BALANCE OF THE COUNCIL? NO, NONE. OKAY. THANK YOU. I'M GOING TO OPEN THE PUBLIC HEARING AND ASK, HAS ANYTHING CHANGED SINCE THE FIRST READING? NO CHANGES, MADAM MAYOR. AND FOR THE RECORD, SARAH WITH CUTLER AND HEARING AND JUPITER. THANK YOU. DOES STAFF WANT TO REPEAT THAT OR SAY ANYTHING? THERE'S BEEN NO CHANGES SINCE FIRST READING. THANK YOU. OKAY. PERFECT. DOES ANYBODY HAVE ANY QUESTIONS OR WANT TO SEE A PRESENTATION? COUNCILMAN OKAY. SEEING THAT THERE'S NONE I DO HAVE SOME COMMENT CARDS ON THIS ITEM, SO I'M GOING TO CALL UP THESE PEOPLE. IF YOU COULD PLEASE COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS FOR THE RECORD. AND THIS WILL ACCOUNT. SOME OF THEM HAVE 1718 AND RESOLUTION 81. THE COMMENTS CAN REMAIN ON THE RECORD FOR ALL OF THE ITEMS, BUT I'M GOING TO CALL YOU ALL AT THIS TIME. AND THEN PLEASE ALSO STATE WHETHER YOU'VE BEEN SWORN IN WHEN YOU COME TO THE PODIUM. THE FIRST ONE IS JUDY HERMANS, AND THE SECOND ONE WILL BE JOSEPH DELOACH, AND I APOLOGIZE IF I MISPRONOUNCED YOUR NAME. I THANK YOU VERY MUCH. MY NAME IS JESSICA HERMANS. I LIVE AT 122518 NINTH PLACE, NORTH WEST PALM BEACH, FLORIDA. WE HAVE BEEN LIVING IN THE A. HAVE YOU BEEN SWORN IN? YES I WAS. THANK YOU. THANK YOU. WE HAVE BEEN LIVING IN THE ACREAGE FOR OVER 30 YEARS. THE ACREAGE IS A WATER WELL COMMUNITY. WE ARE AGAINST A MULTI PUMP GAS STATION ON THAT PROPOSED LOCATION. THE CITY OF PALM BEACH GARDENS IS GOING TO SUPPLY SEWER AND WATER TO THAT PROPERTY. ANY RUNOFF WILL STAY HERE IN THE ACREAGE. THERE ARE TEN HOMES ON HAMLIN BOULEVARD ON A REGULAR RAINY DAY. THE WATER FLOWS OUT OF THAT PROPERTY AND INTO THE SWELL THAT EMPTIES INTO OUR CANAL SYSTEM. THERE ARE APPROXIMATELY 43 HOMES ADJACENT TO THAT CANAL. DURING STORMS, THE CANAL OVERFLOWS. ALL OF OUR. SORRY, ALL OF US LIVING OUR REGULAR LIVES, AND WE COUNT ON OUR OFFICIALS. THE HEALTH DEPARTMENT HAS GIVEN US PERMITS FOR OUR WATER WELLS. THIS AREA WAS NOT DESIGNATED FOR A GAS STATION. YOU WILL BE MOVING THE GOALPOST IF YOU APPROVE A GAS STATION IN A WATER CATCHMENT AREA, THE CITY OF WEST PALM BEACH AND THE CITY OF PALM BEACH GARDENS WATER CATCHMENT AREA IS GRASSY WATER PRESERVE. ALSO LOCATED ON NORTH LAKE BOULEVARD, JUST WEST OF BEELINE HIGHWAY. YOU CANNOT PUT A 16 PUMP GAS STATION THERE. YES, WE HAVE MOTORS AND ENGINES THAT NEED FUEL. IF YOU ARE LOOKING TO INSTALL A 16 PUMP GAS STATION ON NORTH LAKE BOULEVARD, AND WITH ALL DUE RESPECT, THERE IS A LARGE OPEN LOT NEXT TO THE CEMETERY AND NEXT TO THE FIRE DEPARTMENT THAT CAN SERVICE THE AREA. THE RUNOFF WILL NOT AFFECT WATER WELLS AT THAT LOCATION AND IT WILL NOT AFFECT GRASSY WATER. PRESERVE THE WATER CATCHMENT AREA FOR THE TWO CITIES. WE WASH, WE COOK AND YES, WE DRINK THE WATER. PLEASE TAKE INTO CONSIDERATION ALL THE ACREAGE, PEOPLE AND THEIR WATER WELL SAFETY. THANK YOU. THANK YOU VERY MUCH. I GIVE THIS TO YOU. IS IF YOU CAN GIVE IT TO THE CITY CLERK. THANK YOU. NEXT IS JOSEPH DELOACH. AND THEN AFTER THAT IS LAUREN O'FARRELL. MICROPHONE IS RIGHT HERE. OKAY. CAN YOU. CAN YOU GUYS HEAR ME? YES. OKAY. HI. MY NAME IS STAFF SERGEANT JOSEPH DELOACH. I LIVE AT 12402 HAMLIN BOULEVARD. SO I LIVE RIGHT HERE. [00:35:04] AND I HAVE BEEN SWORN IN. SO I JUST WANTED TO COME OUT AND SPEAK ON THIS BUILDING AS A PART OF ME BEING A BLINDED, DISABLED VETERAN, I WAS A RECIPIENT OF A ADAPTIVE HOME BUILT OUT THERE, AND UPON RECEIVING THIS HOME WHILE OUT THERE, TRAFFIC WAS AT A MINIMUM. IT WAS VERY NICE. AND AS A PART OF MY RECOVERY, I GO ON DAILY WALKS OUT THERE. I GO OUT OF MY DRIVEWAY, ACROSS THE STREET ALONG THE NORTH SIDE OF HAMLIN TRAIL EAST, AND THEN WALK SOUTH ALONG THE EAST SIDE OF 1/20 DOWN TO ORANGE. AND LATELY, DUE TO TRAFFIC INCREASE, THIS HAS DEFINITELY MADE THIS MORE DANGEROUS OF AN OPPORTUNITY FOR ME. I HAVE WALKED INTO SEVERAL VEHICLES. I HAVE BUSTED MY LIP, BUSTED MY NOSE, I HAVE HAD I HAVE FALLEN INTO TRAFFIC BECAUSE OF PEOPLE PARKING ON THE SIDE OF THE ROAD. BECAUSE OF NO DESIGNATED SAFE AREAS FOR PEOPLE TO TRAVEL ON THE SIDE OF THESE ROADS AT THE TIME, THAT WASN'T AN ISSUE BECAUSE AGAIN, TRAFFIC HAS NOT WAS NOT BAD, BUT DUE TO THE INCREASE IN TRAFFIC AND THINGS LIKE THAT, MY SAFETY HAS AND THE OTHER PEOPLE IN THE ACREAGE, OUR SAFETY AND SOME OF THE CHILDREN HAVE ALMOST BEEN HIT UP THERE MULTIPLE TIMES AND PEOPLE SPEEDING. SO I REQUEST THAT I CAN'T CHANGE A LOT. BUT PLEASE, IF YOU GUYS WOULD CONSIDER PLACING A SIDEWALK ALONG THE NORTH SIDE OF HAMLIN BOULEVARD, RUNNING EAST TO 1/20, AND THEN ON THE EAST SIDE OF 1/20, RUNNING NORTH AND SOUTH DOWN TO ORANGE TO AT LEAST GIVE US SOMEWHERE SAFE TO WALK. AND I WOULD ALSO TAKE INTO CONSIDERATION IF YOU GUYS ARE GOING TO BUILD THE STRUCTURES ON THE SOUTHEAST CORNER OF NORTH LAKE AND COCONUT, THAT IF ANY INCIDENT HAPPENS ALONG BLUE BEE LINE, THERE IS NO QUICK WAY TO GET ON THE OTHER SIDE OF THAT. WE HAVE TO GO ALL THE WAY DOWN SOUTH TO OKEECHOBEE, COME ALL THE WAY OVER EAST, UP TO MILITARY TO JUST COME ON TO THE OTHER SIDE OF THOSE TRAIN TRACKS. SO I WOULD TAKE THAT INTO CONSIDERATION WHEN BUILDING THESE NEW AREAS THAT YOU'RE THINKING ABOUT BUILDING. BUT MY MY BIGGEST REQUEST, YOU KNOW, I CARRY A LOT OF DEMONS AND STUFF LIKE THAT. BUT ONE OF THE THINGS THAT BRING ME THE MOST PEACE IS THAT WALK. AND THIS CONSTRUCTION DOES CONCERN ME AND MY SAFETY. SO PLEASE TAKE MY YOU KNOW, FROM THE BOTTOM OF MY HEART, I REQUEST THAT AT LEAST THIS SIDEWALK AND AT ANY TIME FEEL FREE TO JOIN ME ON THIS WALK, BLINDFOLD YOURSELF AND FEEL THE SAFETY THAT I DO NOT FEEL ANYMORE BECAUSE OF THE INCREASE THAT WE ALREADY HAVE. PLEASE COME WALK THIS WITH ME. WALK IN MY BOOTS. WALK IN MY SHOES. COME FEEL THE TERROR AS I WALK THESE STREETS I WISH FOR THIS SIDEWALK AND I WISH FOR THE SAFETY OF ME AND MY FELLOW CITIZENS HERE IN THE ACREAGE. AND I WISH EVERYONE HAPPY HOLIDAYS AND THANK YOU FOR LETTING ME. THANK YOU FOR MY TIME. THANK YOU FOR YOUR COMMENTS AND ALSO THANK YOU FOR YOUR SERVICE. THANK YOU. NEXT WE HAVE LAUREN O'FARRELL. HI, I HAVE BEEN SWORN IN. MY NAME IS LAUREN O'FARRELL. I LIVE AT 12402 HAMLIN BOULEVARD. I AM BLAKE'S WIFE. YOU CAN HAVE A SEAT, BLAKE. THE NEW DEVELOPMENT IS GOING TO BE DIRECTLY ACROSS FROM OUR HOUSE. AND LIKE BLAKE SAID IN 2023, HE WAS GIFTED A HOME THROUGH HOMES FOR OUR TROOPS. AND PART OF THE REASON THAT THAT LOCATION WAS SELECTED WAS BECAUSE IT WAS KIND OF OUTSIDE OF THE THE AREA, YOU KNOW, NOT IN THE CITY. SO THAT WAS A BIG APPEAL. WITH THIS PROPOSED DEVELOPMENT, IT WILL LITERALLY BE RIGHT ACROSS THE STREET. AND THEY'RE PROPOSING THE GAS STATION. AND LIKE JUDY, I HAVE MAJOR CONCERNS ABOUT THE WATER. WELL, WE ARE ON A WELL SYSTEM, SO THAT IS A HUGE CONCERN. IN ADDITION, HAVING AN OFF SITE AIR MEDICAL OFFICES, A GAS STATION AND MORE BUILDINGS. WE'RE GOING TO HAVE AN INCREASE IN TRAFFIC. AND LIKE BLAKE WAS SAYING, PART OF WHAT HE DOES IS TAKE THAT WALK EVERY DAY AND HE DOES THAT BY HIMSELF. HE HAS THE TRAINING TO DO SOMETHING LIKE THAT. AND BEING BLIND, HE CANNOT DRIVE AND GET IN THE CAR AND GO SOMEWHERE OR GO ACROSS THE STREET AND WALK. SO WITH THAT INCREASED TRAFFIC ON COCONUT AND NORTHLAKE AND THEN RIGHT BEHIND DRASTICALLY AND ALSO THE CONSTRUCTION TIME, I MEAN, THAT'S GOING TO BE A COUPLE OF YEARS AND IT'S ALREADY DANGEROUS OUT THERE. AND, YOU KNOW, THOSE ARE JUST SOME OF OUR MAJOR CONCERNS. AND I KNOW ALL OF MY NEIGHBORS ON HAMLIN FEEL THE SAME WAY. IT'S IT'S A HUGE, HUGE CHANGE. AND WE CAN'T JUST UP AND MOVE. NOR WOULD WE WANT TO BECAUSE THAT HOUSE WAS SPECIFICALLY BUILT FOR BLAKE. IT'S ADAPTED TO HIS DISABILITY. SO FOR US TO JUST LEAVE, YOU KNOW, WE'RE NOT GOING TO NEARLY HAVE THAT SAME LUXURY OF WHAT HE HAS NOW. THAT'S BECAUSE OF HIS VISION. HE DOESN'T GO OUT OF THE HOUSE AS MUCH. [00:40:01] SO THAT IS REALLY LIKE AN IMPORTANT PART OF OUR OUR LIFE. AND ESPECIALLY FOR HIM, HE DOES EVERYTHING THERE. SO THIS IS GOING TO DRASTICALLY CHANGE OUR LIVES AND OUR NEIGHBORS. SO THANK YOU. THANK YOU VERY MUCH. THAT IS THE END OF OUR PUBLIC COMMENT PORTION OF THIS PETITION. SO I'M GOING TO CLOSE THE PUBLIC HEARING AND BRING IT BACK FOR DISCUSSION. AND YES, I HAVE A QUESTION. SO TO THE APPLICANT FIRST OR TO OUR STAFF, CAN YOU TELL US ABOUT PEDESTRIAN ACCESS AND SAFETY AROUND THAT AREA? SURE. COUNCILWOMAN REED. SO I, I WOULD ARGUE AND OF COURSE, I FEEL FOR MR. BLAKE AND HIS, HIS WIFE. I CAN'T IMAGINE THAT SITUATION. BUT YOU KNOW, I WOULD ARGUE THAT WE ARE ACTUALLY IMPROVING ACCESS THERE. WE DO HAVE A LAKE THAT'S, YOU KNOW, COMPLETELY PUBLICLY ACCESSIBLE. AND THE PRESERVE AREA THAT WE HAVE ON THE EAST SIDE OF OUR SITE, AND THERE'S NOT AN EXISTING SIDEWALK THERE. IT'S INTERESTING JUST BECAUSE USUALLY WITH MOST APPLICATIONS, YOU'RE TRYING TO KEEP PUBLIC ACCESS OFF OF LOCAL ROADS. SO YOU WOULD HAVE ONE ON COCONUT, YOU WOULD HAVE ON NORTH LAKE. YOU TYPICALLY WOULDN'T HAVE ONE ON A LOCAL ROAD LIKE THAT. BUT WITH THE ADDITION OF THE LAKE AND THE TRAIL AND THE SHADE STRUCTURES THAT WE'RE ADDING, I WOULD ARGUE THAT THE ACCESSIBILITY FOR PEDESTRIAN ACCESS IS ACTUALLY IMPROVED WITH WITH THIS APPLICATION HERE. ONCE YOU GET TO THE SITE. BUT THE ACCESS TO THE SITE IS WHAT. WELL, WE HAVE PEDESTRIAN CONNECTIVITY FROM THE SIDEWALKS ALONG COCONUT AND NORTH LAKE, AND WE'RE ACTUALLY EXPANDING THE SIDEWALK ON COCONUT TO TEN FEET WIDE AS WELL TOO. AND WE DO HAVE SOME MAPS SO WE CAN GET A BETTER UNDERSTANDING. OKAY, SO ON THE WEST SIDE OF OUR SITE HERE, IF YOU CAN SEE MY MOUSE, THERE WE GO. WE'RE EXPANDING THE SIDEWALK ALONG COCONUT TO TEN FEET WIDE. OF COURSE, WE ARE ADDING A MEANDERING SIDEWALK ALONG NORTH LAKE. THAT'S JUST TO BE CONSISTENT WITH THE REST OF THE CORRIDOR. BUT WE DO HAVE A WE DON'T HAVE ANY SHADE STRUCTURES ON THIS PAVER AREA, BUT IT'S A PEDESTRIAN STOPPING POINT. SO YOU DON'T HAVE THESE LONG STRETCHES OF OF SIDEWALK. OF COURSE, EVERY ENTRANCE IS REQUIRED TO BE HAVE PAVERS, BRICK, DECORATIVE PAVERS IN THEM SO YOU CAN ACCESS THE SITE ESSENTIALLY FROM ALL PUBLIC SIDES. I MEAN, YOU DO HAVE THE PRESERVE ON THE EAST WHICH HAVE SOME EXISTING TRAILS BACK THERE. I HAVE BEEN I HAVE BEEN BACK THERE. THEY ARE VERY NICE. BUT WE'RE ADDING TO THAT WITH THE LAKE AND THE TRAIL AROUND, AROUND THE LAKE. AND YOU WOULD ACCESS OUR SITE IF YOU'RE COMING FROM HAMLIN, YOU WOULD GET TO THE INTERSECTION OF HAMLIN AND COCONUT. TRAVEL NORTH AND WALK INTO OUR SITE FROM THERE. AND I'M GUESSING TO CONTINUE WITH THAT CONVERSATION OF PEDESTRIAN ACCESSIBILITY, YOU HAVE MORE QUESTIONS? OKAY, JUST ONE TOPIC OF THE PEDESTRIAN COMPONENT. THE PAVER SYSTEM WOULD ACT AS A CHANGE IN TEXTURE. SO WOULD THAT WOULD THAT IMPROVE OR HELP WITH ACCESSIBILITY TO SHOW THE ACTUAL INGRESS EGRESS FOR SAFETY PURPOSES VERSUS. ABSOLUTELY. AND THAT'S A TRAFFIC CALMING METHOD AS WELL TOO. SO SLOWING VEHICLES DOWN INSIDE OUR SITE IS THEIR ACCESSIBILITY BETWEEN I'M TRYING TO PULL UP HAMLIN ON MY ON MY MAP, ON MY PHONE. I'M SURE WE DON'T HAVE A REALLY GREAT COVERAGE OF THAT, BUT IF WE ARE, DO YOU HAVE ANYTHING THAT COULD SHOW THAT? BETWEEN HAMLIN AND COCONUT OR. YEAH. SO IT LOOKS LIKE IT'S INTERSECTING WITH COCONUT. THIS IS THIS IS THE AREA IT DOES. I'M NOT SURE PRESIDENT WAS DISCUSSING. THERE YOU GO. I DON'T BELIEVE I HAVE A GRAPHIC THAT ZOOMS INTO THAT INTERSECTION. ASIDE FROM OUR SIDE. BUT I GUESS YOU KNOW, I APOLOGIZE FOR THE CONFUSION. SO THE QUESTION IS PEDESTRIAN ACCESS FROM HAMMEL. WE HAVE A RESIDENT WHO HAS A REALLY VALID QUESTION ABOUT SAFETY BECAUSE OF A DEVELOPMENT THAT'S HAPPENING LITERALLY IN THEIR BACKYARD. SO I'M GOING TO FLESH OUT UNTIL I GET ANSWERS ABOUT WHAT WE CAN DO TO HELP OUR RESIDENTS BE SAFER THAT ARE TRYING TO CROSS THE AREA. SO I GUESS WHAT I'M ASKING IS IT MAY NOT BE UNDER YOUR PURVIEW. SO WE'VE GOT I'D LOVE SOME SORT OF A VISUAL. ON WHAT WHERE HAMLET IS INTERSECTING WITH COCONUT, WHAT THE PEDESTRIAN ACTIVITY LOOKS LIKE THERE. ONE OF THE THINGS THE CITY HAS BEEN WORKING ON FOR A LONG TIME IS PEDESTRIAN ACCESS. SO I'M NOT SAYING YOU'RE GOING TO BE THE PERSON TO FIX IT, BUT LET'S GET WHILE WE'RE HERE LOOKING AT IT. THIS IS AN OPPORTUNITY TO SEE WHAT CAN BE DONE BY APPLICANTS OR BY THE CITY, SO THAT WE DON'T HAVE A TRAGIC OPPORTUNITY HERE. RIGHT? SO CAN YOU PULL UP WHAT YOU JUST HAD, WHERE YOU HAD THE THE I ALSO JUST BEFORE, YOU KNOW, [00:45:05] AS WE'RE HAVING THIS DISCUSSION AS WELL, IT IS IMPORTANT TO TALK ABOUT JURISDICTION BECAUSE THE ENTIRE JURISDICTION OF 120TH AND HAMLIN FALLS WITHIN INDIAN TRAIL. SO EVEN IF WE WANTED TO COME UP WITH DESIGN STANDARDS OR SAFETY MEASURES, A LOT OF THE IDEAS THAT WE HAVE PROPOSED SUCH AS CROSSINGS, LIGHTING, SIDEWALKS, OTHER MEASURES THAT REALLY ALL FALLS UNDER ITED INDIAN TRAIL IMPROVEMENT DISTRICT. SO THEY THEY ARE THE ONES THAT ISSUE THE PERMIT. THEY ARE THE ONES THAT WOULD REVIEW ALL THOSE STANDARDS. THEY ARE THE ONES WHO WOULD HAVE TO APPROVE IT. SO THE, THE THE SAFETY IMPROVEMENTS THAT WERE SUBMITTED FOR REVIEW THAT WERE APPLICABLE UNDER THE CITY'S JURISDICTION DID FALL WITHIN COCONUT WHERE THE COUNTY DID REVIEW. THEY PREVIOUSLY HAD A SITE PLAN. SO THEY HAD APPROVED CERTAIN IMPROVEMENTS. THEY DID PROVIDE CONSENT TO WIDEN THAT SIDEWALK TO TEN FEET. AND THEN ALONG NORTH LAKE THE SAME. SO WE WERE ABLE TO UNDER THE AREAS IN WORKING WITH THE COUNTY TO TO GARNER THOSE IMPROVEMENTS. AND THEN OF COURSE, ALL THE IMPROVEMENTS ON THE SITE, YOU KNOW, THE LOVELY WALKING TRAIL AROUND THE LAKE. THOSE ARE ALL WITHIN THE CONTROL OF, OF THE APPLICANT. THANK YOU. THAT WAS WHAT I WAS TRYING TO GET TO. I APPRECIATE THAT YOU COULD ACTUALLY READ MY MIND WHEN MY QUESTIONS WEREN'T COMING OUT THAT WAY. OKAY. SO THAT'S GREAT. SO EVERYTHING THAT THE CITY CAN DO WITHIN THE JURISDICTION OF THE GEOGRAPHY THAT WE HAVE IS ALLOWING FOR SAFE PEDESTRIAN ACCESS. THAT IS CORRECT, MA'AM. OKAY. SO THIS WOULD BE A CONVERSATION THAT WE WOULD HAVE TO HAVE WITH THE INDIAN TRAIL IMPROVEMENT DISTRICT TO REALLY ENCOURAGE THEM. AND THEN MAYBE WE CAN MAKE SURE THAT THE RESIDENT WHO SPOKE HAS THE ABILITY TO GET AHOLD OF THOSE ELECTED OFFICIALS SO THAT THEY, TOO, CAN TRY TO MAKE IT A CONNECTION, AN ACTUAL CONNECTION, AS OPPOSED TO ONE SIDE BEING. AND I'M NOT I'M NOT REALLY SURE YOU KNOW HOW AN INDIAN TRAIL HAS HAD YOU KNOW, PRETTY STRONG OPINIONS ABOUT CONNECTIONS. YOU KNOW, THEY WERE VERY ADAMANT THAT ABSOLUTELY NO VEHICLE CONNECTIONS ARE ALLOWED ON HAMLIN. THERE IS NO CONNECTION WHATSOEVER ON HAMLIN. THEY ARE VERY RELUCTANT OFTENTIMES TO PROVIDE FOR IMPROVEMENTS THAT CAN BE PERCEIVED AS, YOU KNOW, VEHICLE CONNECTIONS, EVEN PEDESTRIAN CONNECTIONS THEY LOOK AT VERY CAREFULLY. SO THOSE DISCUSSIONS WOULD ALL HAVE TO BE HAD WITH THEM. OKAY. GOOD TO KNOW. AND I THINK THAT'S SOMETHING THAT THIS COUNCIL SHOULD DO. AND THEN LET'S TALK ABOUT WATER SAFETY. SO CAN WE TALK ABOUT WELLS. YES, I THINK THE APPLICANT IS DONE HERE TONIGHT. OKAY. WELL I THINK THE APPLICANT MAYBE EXPLAIN CAN EXPLAIN THE, THE PERMITTING THAT THEY ARE REQUIRED TO GO THROUGH THROUGH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR UNDERGROUND PETROLEUM TANKS. I DO WANT TO MAKE THE POINT. THIS IS IMPORTANT, ESPECIALLY THAT THERE WASN'T A PRESENTATION FOR THE BENEFIT OF THE RESIDENTS WHO DID TALK ABOUT THE GAS STATION. JUST TO MAKE IT REALLY CLEAR WHAT IS COMING BEFORE THIS COUNCIL. IT IS A SITE PLAN THAT INCLUDES THE EXACT 16 PUMP GAS STATION THAT WAS ALREADY APPROVED BY PALM BEACH COUNTY. SO THAT IS ACTUALLY SOMETHING THAT'S NOT NEW. SO IF THE APPLICANT TODAY OR TOMORROW WAS INTERESTED IN PULLING A PERMIT FOR THAT 16 PUMP GAS STATION, THEY ARE ENTITLED TO BY, BY THEIR ENTITLEMENTS TODAY. SO THE PLAN BEFORE YOU IS A REVISED PROPOSAL THAT MAINTAINS THAT 16 PUMP GAS STATION. IT MODIFIES THE OTHER IMPROVEMENTS AND PROVIDES FOR THE THE FREESTANDING. SO I WANT TO MAKE THAT CLEAR THAT THAT'S THAT'S NOT NEW. THAT'S NOT A NEW REQUEST THAT WAS ALREADY AUTHORIZED BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS. ALL THE SAME STANDARDS UNDER THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ALL THE OTHER APPLICABLE FEDERAL AND LOCAL STANDARDS THAT HAVE TO BE CAREFULLY SUBSCRIBED TO WILL BE WILL BE ADDRESSED. BUT I THINK, ZACH, IF YOU WANT TO ADDRESS THAT. ABSOLUTELY. THANK YOU. AND MISS CROWLEY, YOU SAID IT PERFECTLY. YOU KNOW, 7-ELEVEN HAS SOME OF THE UTMOST STRICT REQUIREMENTS FOR CONTAMINATION. SO YOU KNOW, DON WENT INTO IT, AND HE'S REALLY MORE PRIVY TO THIS THAN I AM. BUT, OF COURSE, THERE ARE STRICT REGULATIONS, NOT ONLY BY 7-ELEVEN INTERNALLY, BUT ALSO BY THE STATE, THAT PROHIBIT ANY CONTAMINATION WHATSOEVER. SO THERE WILL NOT I CONFIRM THERE WILL NOT BE ANY ISSUE WITH THAT. AND YOU CAN LOOK AT THE TRACK RECORD OF 7-ELEVEN, EVEN THE ONE ON NORTH LAKE THERE YOU KNOW, AND WHAT THEY ABIDE BY IN TERMS OF THEIR INTERNAL REQUIREMENTS FOR THAT. OKAY. I UNDERSTAND AND CAN WE GET AN IDEA OF WHAT CONSTRUCTION TIME WILL LOOK LIKE? WILL THIS TAKE YEARS, AS WE WERE JUST MENTIONED TO BY THE RESIDENT WHO SPOKE? OR HOW LONG WILL THIS ACTUALLY TAKE TO COMPLETION IS ABOUT TWO YEARS. WE'RE LOOKING AT OKAY. ALL RIGHT. THANK YOU. COUNCIL MEMBER KEMP, DO YOU HAVE ANY COMMENTS OR QUESTIONS? I MEAN, THE ONE THING I WAS MENTIONING TO IS WHAT SHE HAD MENTIONED AND I MENTIONED LAST MEETING, THIS BEING THE SECOND READING. BUT CAN WE GO BACK TO THE SLIDE WITH THE APARTMENT BUILDING AND THEN ALSO THE OLD SITE PLAN THAT'S NOW BEEN AS A COUNCIL MEMBER, REED REFERRED TO LAST TIME AS GARDEN IZED BEFORE THE WALKING TRAIL. CAN WE PULL THAT UP ON THE THE SCREEN? IS THAT ON THIS PRESENTATION FOR THE RESIDENTS THAT WEREN'T HERE LAST MEETING? [00:50:19] THAT'S THAT'S PERFECT. SO TO THE RESIDENTS, WE'RE ASKING QUESTIONS ABOUT WHAT'S GOING THERE. AND THIS IS ONE OF THE PREVIOUS APPROVALS OF WHAT WAS GOING SOMETHING GOING TO GO THERE. SO SOMETHING'S ALWAYS BEEN GOING TO GO THERE AS EARLY BACK AS LAST MEETING WHEN I WAS DOING MY RESEARCH ON THIS, I THINK BACK IN 2000 WAS APPROVED FOR A POST OFFICE. CORRECT. SO SOMETHING HAS ALWAYS BEEN BEEN GOING TO GO THERE, AND IT'S LIMITING THE IMPACT IN MY MIND AND CAPTURING TRAFFIC. THIS WOULD HAVE CREATED MORE TRAFFIC COMING INTO THE AREA IN THAT ZONE, AS OPPOSED TO PUTTING MEDICAL OFFICES, WHICH WILL HOPEFULLY CAPTURE LOCAL VEHICLES AND NOT BRING IN MORE. THE GAS STATION, THEY ALSO WENT OVER THE LEAK DETECTION AND DOUBLE WALLED. SO I'M I'M VERY COMFORTABLE WITH THE GAS STATION GOING THERE ALSO AS I LIVE ON A WELL AND I'VE LIVED OUT IN THE AREA ON A WELL FOR A VERY LONG TIME. SO AND LIKE I SAID, THIS IS THIS WAS ALREADY APPROVED BEFORE IT WAS ANNEXED INTO THE CITY. SO WE'RE JUST KIND OF CHANGING THE SITE PLAN IN MY MIND. AND THEY'RE ACTUALLY ADDING FOR THE WALKS THAT WERE MENTIONED. I KNOW THERE'S A WALKING TRAIL ACROSS THE STREET ON COCONUT, BUT ME AND WIFE HAVE USED THAT QUITE OFTEN, BUT THEY'RE ACTUALLY PUTTING IN ANOTHER WALKING TRAIL IN THERE WITH SOME SHADE COVER AND EVERYTHING TO HELP WITH ANY POSSIBLE WALKS. AND I KNOW THERE'S NO SIDEWALKS ON HAMLIN. I DON'T KNOW WHY THAT IS, BECAUSE A LOT OF THE EAST WEST ROADS EVERY FIFTH OUT THERE DO HAVE A SIDEWALK, BUT THAT DOES FALL UNDER OUR PURVIEW, AS SHE HAD MENTIONED, IS THE INDIAN TRAIL. SO BUT THAT'S JUST ALL I HAD. THANK YOU VERY MUCH. OKAY. AND YOU GUYS, IT'S GOOD TO GO LAST BECAUSE YOU ALREADY ASKED THE QUESTIONS THAT I WAS GOING TO ASK, SO I APPRECIATE THAT. WE ALREADY CLOSED THE PUBLIC HEARING. WE HAD OUR DISCUSSION. I'M GOING TO BRING IT BACK FOR A MOTION IN A SECOND. MAY I PLEASE HAVE A MOTION AND A SECOND? A MOTION TO APPROVE ORDINANCE 17 2025. SECOND. WE HAVE A MOTION AND A SECOND TO APPROVE ORDINANCE 17 2025. ALL IN FAVOR? AYE. MOTION CARRIES THREE AND TWO. I HAD TO ABSTAIN, AND I WOULD LIKE TO TAKE THAT WALK, BY THE WAY, WITH THE RESIDENT WHO SPOKE AS WELL AS MAKE SURE THAT WE CONNECT WITH INDIAN TRAIL IMPROVEMENT DISTRICT FOR THE AREA, THAT THIS IS NOT UNDER OUR JURISDICTION TO BE ABLE TO TALK ABOUT THE THE AREA WHERE YOUR HOME IS LOCATED. BUT I'D LOVE TO TAKE THAT WALK WITH YOU AND MAKE SURE THAT WE CONNECT TO THOSE ELECTED OFFICIALS. YOU'RE BRAVER THAN ME. I'M SCARED TO WALK IT IN WITH OR WITHOUT A BLINDFOLD. SO IT'S. YOU'RE BRAVER THAN ME TO WALK THAT ROAD. OKAY, WE'RE MOVING ON TO ORDINANCE 18, 2025. WOULD THE CLERK PLEASE READ THE TITLE ORDINANCE 18 2025 AN ORDINANCE OF THE CITY COUNCIL. [VIII.b. *ORDINANCE 18, 2025 – (2ND READING AND ADOPTION) PLANNED UNIT DEVELOPMENT (PUD) REZONING FOR APPROXIMATELY 10.47 ACRES. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 10.74 ACRES IN SIZE, MORE OR LESS, KNOWN AS COCONUT PALM PLAZA AND LOCATED SOUTHEAST OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM PALM BEACH COUNTY MULTIPLE USE PLANNED DEVELOPMENT (MUPD) TO PALM BEACH GARDENS PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 81, 2025 IS A COMPANION ITEM TO ORDINANCE 17, 2025 AND ORDINANCE 18, 2025 AND WILL REQUIRE COUNCIL ACTION. *RESOLUTION 81, 2025 – SITE PLAN APPROVAL AND MAJOR CONDITIONAL USE FOR COCONUT PALM PLAZA. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN FOR COCONUT PALM PLAZA TO ALLOW A 38,500-SQUARE-FOOT MEDICAL OFFICE BUILDING, A 10,400-SQUARE-FOOT OFF-CAMPUS EMERGENCY DEPARTMENT FACILITY, AND A 3,650-SQUARE-FOOT CONVENIENCE STORE WITH A 1,321-SQUARE FOOT RESTAURANT AND 16 FUELING STATIONS, AS WELL AS MAJOR CONDITIONAL USE APPROVAL FOR THE OFF-CAMPUS EMERGENCY DEPARTMENT USE, THE SUBJECT SITE BEING GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.] THE CITY OF PALM BEACH GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 10.74 ACRES IN SIZE, MORE OR LESS KNOWN AS COCONUT PALM PLAZA, AND LOCATED SOUTHEAST OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD, PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM PALM BEACH COUNTY. MULTIPLE USE PLANNED DEVELOPMENT TO PALM BEACH GARDENS. PLANNED UNIT DEVELOPMENT PUD OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL CG ONE, PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY, PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THANK YOU. I'M I'M GOING TO OPEN THE PUBLIC HEARING, AND WE ALREADY ASKED FOR EXPERTISE. I DO NOT HAVE ANY COMMENT CARD. WE ALREADY WENT THROUGH THE COMMENT CARDS FOR THIS ORDINANCE. AND I WANT TO KNOW, DOES ANYBODY WANT TO A PRESENTATION? WE ALREADY SAID THAT. SO I'M GOING TO CLOSE THE PUBLIC HEARING AND BRING IT BACK FOR DISCUSSION AND OR VOTE. MOTION TO APPROVE ORDINANCE 18 2025. SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. MOTION CARRIES THREE AND TWO ABSTAINED. THE NEXT. MOVING ON TO RESOLUTION 81 2025. WOULD THE CLERK PLEASE READ THE TITLE RESOLUTION 81 2025? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A PLANNED UNIT DEVELOPMENT PUD SITE PLAN FOR COCONUT PALM PLAZA TO ALLOW 38,500 SQUARE FOOT MEDICAL OFFICE BUILDING A 10,400 SQUARE FOOT OFF CAMPUS EMERGENCY DEPARTMENT FACILITY, AND A 3650 SQUARE FOOT CONVENIENCE STORE WITH A 1321 SQUARE FOOT RESTAURANT AND 16 FUELING STATIONS, AS WELL AS MAJOR CONDITIONAL USE APPROVAL FOR THE OFF CAMPUS EMERGENCY DEPARTMENT USE. THE SUBJECT SITE BEING GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF NORTHLAKE BOULEVARD AND COCONUT BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN, [00:55:01] PROVIDING WAIVERS, PROVIDING CONDITIONS OF APPROVAL, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. THANK YOU. PATTY. I'M GOING TO OPEN THE PUBLIC HEARING. WE ALREADY HAD OUR EXPERTISE. WE ALREADY HAD THE DISCUSSION. BUT WE DO HAVE ONE COMMENT CARD, WHICH IS RAMONA BEAN. IF YOU'D LIKE TO COME TO THE PODIUM, STATE YOUR NAME, ADDRESS, AND IF YOU'VE BEEN SWORN IN, RAMONA BEAN AGAIN. 5439 CICADA WAY. AND YES, I'VE BEEN SWORN IN. IT'S REAL SHORT. I GUESS I OVERHEARD THE APPLICANT IS 711 MAYBE, BUT I WAS JUST WONDERING. I KNOW IT'S NOT REQUIRED AND I KNOW YOU CAN'T REQUIRE THEM TO DO SO, BUT AS A RESIDENT ALSO IN PALM BEACH GARDENS AND KNOWING THAT THERE'S I'VE GOT FAMILY MEMBERS THAT HAVE EVS, I DON'T KNOW IF THEY WOULD BE WILLING TO HAVE SOME ELECTRONIC CHARGING STATIONS. MAYBE THAT WAS ALREADY IN THE PLAN. I JUST SAW FUELING STATIONS. SO TO ME I WAS JUST THINKING GASOLINE AND DIESEL. BUT JUST A REQUEST THAT IF THEY'RE GOING TO DO THIS, IT WOULD BE NICE TO HAVE SOME. I DON'T KNOW IF IT'S LEVEL THREE OR WHATEVER IT'S CALLED FOR. THE ALL THE TESLAS AND THE DIFFERENT EVS THAT FOLKS HAVE OUT THERE AND GET STUCK IN TRAFFIC. THANK YOU SO MUCH. THANK YOU. I'M GOING TO CLOSE THE PUBLIC HEARING AND ASK THE QUESTION. IS THERE A CHARGING STATION? BECAUSE I DON'T RECALL. NO, MA'AM. THERE'S THERE'S NO 7-ELEVEN VOLUNTARILY WISHES TO PROVIDE, BUT UNDER STATE LAW, THE CITY CANNOT REQUIRE EVS. THIS WAS A RECENT LAW THAT WAS PASSED BY THE LOCAL STATE LEGISLATURE. AND WE UNFORTUNATELY DO NOT HAVE THE AUTHORITY TO ASK FOR EVS UNDER OUR ORDINANCE. THANK YOU FOR THE CLARIFICATION. DOES ANYBODY ELSE HAVE ANY QUESTIONS? NONE. OKAY. BRING IT BACK FOR A VOTE. MOTION TO APPROVE RESOLUTION 81 2025. SECOND. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. MOTION CARRIES THREE AND TWO ABSTAINED. THANK YOU ALL. THANK YOU. OKAY, NOW WE'RE GOING TO MOVE ON TO ORDINANCE ONE 2026. [VIII.c. *ORDINANCE 1, 2026 – (1ST READING) CHANGING THE ZONING DESIGNATION AT 9598 ALTERNATE A1A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING CERTAIN REAL PROPERTY COMPRISED OF 1.17 ACRES, MORE OR LESS, KNOWN AS 9598 ALTERNATE A1A, AND LOCATED ON THE NORTH SIDE OF ALTERNATE A1A, APPROXIMATELY 500 FEET SOUTH OF LIGHTHOUSE DRIVE; PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM GENERAL COMMERCIAL (CG-1) TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION 1, 2026 IS A COMPANION ITEM TO ORDINANCE 1, 2026 AND WILL REQUIRE COUNCIL ACTION ON SECOND READING. *RESOLUTION 1, 2026 – PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN APPROVAL FOR A MEDICAL OFFICE BUILDING AT 9598 ALTERNATE A1A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN TO ALLOW THE CONSTRUCTION OF A 5,575-SQUARE-FOOT MEDICAL OFFICE BUILDING WITHIN THE 9598 ALTERNATE A1A PLANNED UNIT DEVELOPMENT (PUD) THE SUBJECT SITE BEING GENERALLY LOCATED ON THE NORTH SIDE OF ALTERNATE A1A, APPROXIMATELY 500 FEET SOUTH OF LIGHTHOUSE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ] WOULD THE CLERK PLEASE READ THE TITLE? AND WE'RE WAITING FOR A SECOND FOR OUR COUNCIL MEMBERS TO COME BACK TO THEIR SEAT. AND FOR THE RECORD, WE HAVE VICE MAYOR AND VICE MAYOR MIDDLETON AND COUNCIL MEMBER PRIMROSE. SO BACK ORDINANCE ONE 2026, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA. REZONING CERTAIN REAL PROPERTY COMPRISED OF 1.17 ACRES, MORE OR LESS KNOWN AS 9598 ALTERNATE A-1-A AND LOCATED ON THE NORTH SIDE OF ALTERNATE A-1-A, APPROXIMATELY 500FT SOUTH OF LIGHTHOUSE DRIVE, PROVIDING THAT THIS PARCEL OF REAL PROPERTY, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN, SHALL BE REZONED FROM GENERAL COMMERCIAL CG1 TO A PLANNED UNIT DEVELOPMENT PUD OVERLAY WITH AN UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL CG1, PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE AMENDED ACCORDINGLY, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THANK YOU. I'M GOING TO OPEN THE PUBLIC HEARING AND ASK FOR ANY EX PARTE. I'LL START WITH COUNCIL MEMBER KEMP AND MOVE DOWN THE LINE. NONE. NONE. NO. NONE. AND I DON'T HAVE ANY EITHER. THANK YOU. AND WITH THE PETITIONER, LIKE TO START WITH A PRESENTATION. GOOD EVENING, MADAM MAYOR AND COUNCIL MEMBERS. IF IT PLEASE THE COUNCIL, I'D LIKE TO DO MY PRESENTATION FOR BOTH ORDINANCE ONE, 2026 IN RESOLUTION ONE 2026. THEY'RE KIND OF LOCKED TOGETHER. AND JUST FOR BREVITY'S SAKE THANK YOU VERY MUCH. FOR THE RECORD, I'M BRIAN SACHSE, PRINCIPAL PLANNER AT IPLAN AND DESIGN ADDRESSED AT 823 NORTH OLIVE AVENUE IN WEST PALM BEACH. AND I HAVE BEEN SWORN IN VERY PLEASED TO BE HERE TONIGHT FOR THESE ITEMS. I'M HERE ON BEHALF OF MY CLIENT, DOCTOR DANNY VO A DENTIST WHO HAS A SUCCESSFUL PRACTICE OUT IN WELLINGTON CURRENTLY, AND WHO HAS PURCHASED THE SUBJECT PROPERTY THAT WE'RE TALKING ABOUT TONIGHT TO EXPAND HIS DENTAL OFFICE AND MEDICAL OFFICE PRACTICE TO HERE IN PALM BEACH GARDENS. OUR ENTIRE TEAM OF PROFESSIONALS WHO HAVE WORKED IN THE CITY OF PALM BEACH GARDENS FOR A LONG, LONG TIME. AND ALL OF OUR ENGINEERING MATTERS HAVE BEEN HANDLED BY KIMLEY-HORN AND ASSOCIATES. WE ARE SEEKING YOUR APPROVAL THIS EVENING FOR A REQUEST TO CHANGE THE ZONING DESIGNATION ON A 1.17 ACRE SIZE PROPERTY FROM GENERAL COMMERCIAL. CG ONE TO PLANNED UNIT DEVELOPMENT WITH AN UNDERLYING CG ONE COMMERCIAL ZONING DESIGNATION. OUR SECOND REQUEST, THE RESOLUTION IS FOR A SITE PLAN APPROVAL FOR 5575 SQUARE FOOT MEDICAL OFFICE, AND WE ARE ASKING FOR THE REZONING IN. WE HAVE THREE WAIVERS THAT WE'RE REQUESTING. THEY'RE MINOR IN NATURE. I'LL EXPLAIN THEM FURTHER IN THE PRESENTATION, BUT THEY'RE NECESSARY IN ORDER TO MAKE THIS PROJECT COMPREHENSIVE AND A VERY BENEFICIAL [01:00:07] PROJECT FOR BOTH MY CLIENT AND FOR THE GENERAL PUBLIC. SO WHERE ARE WE LOCATED? WE'RE THE 1.17 ACRE SITE LOCATED AT ADDRESS AS 9598 ALTERNATE A1A ON THE NORTH SIDE OF ALTERNATE A1. A TO OUR IMMEDIATE NORTHWEST IS THE OLD BB AND T SITE. IT WAS APPROVED TWO YEARS AGO UNDER TRUIST BANK. YOU ALL APPROVED A SITE PLAN FOR THAT PROPERTY. TO THE NORTH OF THAT IS CG ONE. IT'S A SMALL STRIP PLAZA. AND ADJACENT TO THAT IS THE PROMENADE SHOPPING PLAZA ACROSS ALTERNATE A1. A AND THE FEC RIGHT OF WAY IS RESIDENTIAL SINGLE FAMILY HOMES. TO OUR SOUTH IS ZIMMERMAN RIVER, AND TO OUR EAST IS A 50 FOOT WIDE C 17 CANAL RIGHT OF WAY, AND THEN THE VILLAGE OF NORTH PALM BEACH. THE SITE HAS NO PREVIOUS ENTITLEMENT HISTORY. IT'S VACANT. ZONING REQUEST. YOUR PLANNING AND ZONING STAFF HAVE DETERMINED THAT THIS REQUESTED PUD OVERLAY IS CONSISTENT WITH YOUR CITY'S ELDERS. AND WITH THE COMPREHENSIVE PLAN, WE HAVE A VERY CHALLENGING SHAPED SITE. IT'S NOT EASY TO WORK WITH, AND SO WE NEEDED A FEW FAVORS IN ORDER TO ACHIEVE DEVELOPING THIS SITE. WE HAD TO CHANGE IT TO A PUD, SO WE WOULD REQUEST CERTAIN WAIVERS FROM YOU ALL TO MAKE THIS PROPERTY WORK. THE SITE HAS BEEN EXPERTLY PROGRAMED TO INCORPORATE A NEW MEDICAL OFFICE USE AT THE FIRST AND ENTRY SITE TO THE CITY. AS YOU TRAVEL NORTH ALONG ALTERNATE A-1-A, WE INCORPORATE BOTH SIGNIFICANT PUBLIC SERVING BENEFITS FOR BOTH THE PATIENTS AND PATRONS TO THE BUILDING, AS WELL AS FOR THE PASSING PUBLIC. ALONG ALTERNATE A-1-A AND OR ALONG LIGHTHOUSE DRIVE. THE FOLLOWING SLIDES THAT I'LL BE PRESENTING TO YOU THIS EVENING WILL SPEAK ABOUT THE SITE'S ACCESS, TRAFFIC, PARKING, LANDSCAPING, BUFFERS, ARCHITECTURE, SIGNAGE, LIGHTING AND ART AND PUBLIC PLACES. AND LASTLY, I'LL ALL DESCRIBE AND EXPLAIN AND JUSTIFY OUR THREE WAIVER REQUESTS. SO TO FLY YOU THROUGH THE SITE, THIS IS WHAT OUR SITE LOOKS LIKE ORIENTED NORTH TO SOUTH. WE HAVE TWO POINTS OF ACCESS FULL ACCESS POINT FROM LIGHTHOUSE DRIVE AND A LIMITED ACCESS DRIVE FROM ALTERNATE A1. A RIGHT IN RIGHT OUT LEFT IN FROM ALTERNATE A1, A. OUR DRIVEWAY IS BEING PROPOSED TO CROSS OUR ADJACENT PROPERTIES OR OUR NEIGHBOR'S PROPERTY TO THE NORTHWEST. WE HAVE BEEN WORKING CLOSELY WITH THEM, AND WE HAVE A CROSS ACCESS AGREEMENT UNDER REVIEW AND CLOSE TO APPROVAL BY THEM TO ALLOW US TO PUT THIS DRIVEWAY AT THIS LOCATION TO OUR SITE TO PROVIDE CROSS CONNECTION CONNECTIVITY FROM OUR SITE TO THEIR SITE IN THE FUTURE, BUT ALSO IN LINE AND IN KEEPING WITH THE APPROVED DRIVEWAY THAT WAS APPROVED FOR TRUIST BANK TWO YEARS AGO. SAME LOCATION, SAME CONFIGURATION. DIDN'T CHANGE ANYTHING. SO WE'RE NOT GOING TO GET OUR OWN DRIVEWAY. WE HAVE TO SHARE. AND OUR GRACIOUS NEIGHBORS ARE WORKING WITH US TO MAKE SURE WE CAN PUT THIS DRIVEWAY IN WITH OUR DEVELOPMENT. NOW, WE WILL ALSO BE MAKING CERTAIN MINOR IMPROVEMENTS IN THE FDOT RIGHT OF WAY WITH THE ISLANDS, ACCESSING THAT A-1-A DRIVEWAY, MAKING SURE THAT CARS CAN'T TURN SOUTH, AND WILL BE EXTENDING THE TURN LANE AT LIGHTHOUSE DRIVE TO ALLOW FOR MORE U-TURNS TO GO SOUTHBOUND. THE FRONTAGES OF OUR PROPERTY VERY MUCH ENHANCED. WE HAVE A 55 FOOT WIDE GREENWAY BUFFER ALONG ALTERNATE A-1-A, AND THE FIRST 78FT OF OUR FRONTAGE ALONG LIGHTHOUSE DRIVE IS GOING TO BE A PLANTED AREA WITH RELOCATED, PRESERVED TREES, AND I'LL SPEAK TO THAT AS PART OF OUR LANDSCAPE PLAN. OUR BUILDING, ORIENTED TOWARDS ALTERNATE A-1-A AND TO OUR COMMERCIAL NEIGHBOR TO THE NORTHWEST. WE ARE WE HAVE TURNED OUR BACKS TO THE FOLKS IN NORTH PALM BEACH WHO ARE ACROSS THAT 50 FOOT L OF C 17 CANAL RIGHT OF WAY THAT SEPARATES US. IT'S 50FT WIDE BETWEEN US AND THE ACTUAL RESIDENTIAL PROPERTIES, AND WE HAVE THE RIVER TO THE SOUTH. SO WE HAVE NO IMPACT ON ANY OF THE RESIDENTIAL COMMUNITY TO OUR EAST. AND WE'RE SURROUNDED BY COMMERCIAL AND RIGHT OF WAY AND FEC RIGHT OF WAY TO OUR WEST. [01:05:08] WE HAVE INCORPORATED NUMEROUS PUBLIC AMENITIES IN AND THROUGH THE SITE, STARTING WITH A CONTINUOUS SIDEWALK THAT GOES FROM LIGHTHOUSE DRIVE ALL THE WAY SOUTH SOUTH TO ALTERNATE A, ONE A, AND TO AN ENHANCED PEDESTRIAN WALKWAY THAT MEANDERS THROUGH THAT ENHANCED LANDSCAPE. AREA ALONG ALTERNATE A-1-A. IT IS BETWEEN 8 AND 12FT WIDE AS IT MOVES FROM SOUTH TO NORTH. SOME OF THE IMPROVEMENTS ARE LOCATED IN THAT SPACE OR AND OR AT THE FRONT OF OUR BUILDING. THEY INCLUDE SUCH THINGS AS CANOPIES, BENCHES AND BIKE RACKS. THIS IS WHAT THEY LOOK LIKE. NOT NOT THE EXACT COLOR, BUT THAT'S IT'S A MODERN FEEL WITH THE MODERN ARCHITECTURE AND VERNACULAR OF THE BUILDING. IN TERMS OF LANDSCAPING, WE'VE INCORPORATED UP TO 60% OF OUR LANDSCAPE AS NATIVE MATERIALS, SHRUBS AND TREES. WE ARE NOT QUITE, BUT WE'RE WELL ABOVE THE MINIMUM POINT REQUIREMENT FOR LANDSCAPING DUE TO THE ENHANCED LANDSCAPING IN THAT 55 FOOT OF GREENWAY BUFFER AREA. WE HAVE WE HAVE TAKEN UP TO 23 NATIVE SABAL PALM TREES AND RELOCATED THEM FROM WITHIN THE BODY OF THE SITE TO THE NORTH END OF THE FLAGPOLE PORTION OF THE SITE AT LIGHTHOUSE DRIVE, TO CREATE SORT OF A STABLE HAMMOCK COMING INTO THE SITE FROM LIGHTHOUSE DRIVE. SOME OF THIS IN THE ENHANCED LANDSCAPING ALONG ALTERNATE A-1-A OR OR JUSTIFICATION FOR THE WAIVERS THAT WE'LL BE DISCUSSING WITH YOU IN A, IN A FEW SLIDES. WE WE WILL ALSO BE LANDSCAPING THE DRIVEWAY COMING IN FROM OUR NEIGHBOR SITE INTO OUR PROJECT. SO THAT WILL BE BEAUTIFIED. IT WILL BE LIT, IT WILL HAVE DRAINAGE DESIGNED FOR FULLY OPERATIONAL DRIVEWAY THAT BENEFITS BOTH US TODAY AND THEM IN THE FUTURE. THIS IS WHAT IT WOULD LOOK LIKE GRAPHICALLY WITH ALL THE LANDSCAPING ENHANCEMENTS MADE. QUICK SLICE THROUGH THE THE SITE. THE FLAGPOLE PORTION LOOKING NORTH. WE HAVE A FULL LANDSCAPE BUFFER ON THE RIGHT HAND SIDE. THAT'S THE RESIDENTIAL SIDE. THE EAST SIDE. TO BLOCK OUR VIEWS FROM THE FOLKS IN NORTH PALM BEACH ON THE EAST SIDE, WE'RE ASKING FOR A WAIVER IN THE WIDTH OF THE LANDSCAPE BUFFER FROM 8FT TO 5FT. WE'RE NOT ASKING FOR ANY REDUCTION IN LANDSCAPE MATERIAL. IT'S MERELY JUST THE WIDTH. AND WE COULD FIT THE SAME MATERIAL IN THAT WIDTH. THAT'S OUR COMMERCIAL NEIGHBOR TO THE NORTHWEST. AND IT'S SORT OF INTERIOR. IT WON'T CAN'T BE SEEN FROM LIGHTHOUSE DRIVE OR FROM ALTERNATE A-1-A. IT'S AN INTERIOR CONDITION BETWEEN US AND OUR COMMERCIAL NEIGHBOR TO THE TO THE NORTHWEST. THE SECOND SLICE IS ACROSS THE FRONT OF OUR SITE. YOU CAN SEE THAT WE HAVE LAYERING OF LANDSCAPING FROM OUR FRONT BUFFER AREA TO ACROSS THE PARKING LOT TO THE FRONT OF OUR BUILDING. A LOT OF OF. YOU KNOW, SCREENING FOR OUR FUTURE COMMERCIAL NEIGHBORS, BUT AT THE SAME TIME, ENHANCEMENTS THAT SOFTEN THE ARCHITECTURE ALONG THE FRONT AND PROVIDE SHADING AND COVERAGE FOR PEOPLE PASSING THROUGH THE SITE. THE LAST VIEW IS A SLICE THROUGH ALTERNATE A-1-A TO THE FACE OF OUR BUILDING. I CAN'T SAY ENOUGH ABOUT IT. THERE'S JUST A LOT OF LANDSCAPING IN THAT 55 FOOT WIDE GREENWAY BUFFER AND THAT IS DIVIDED OR BIFURCATED BY THE PEDESTRIAN MEANDERING PEDESTRIAN PATHWAY THAT RANGES FROM 8 TO 12FT IN WIDTH. WE HAVE CANOPIES OUT THERE, BENCHES AND SIGNIFICANT LANDSCAPING AND FOUNDATION PLANTING AT THE FACE OF THE BUILDING. IN TERMS OF ARCHITECTURE, IT'S A SIMPLE BUILDING. IT'S A ONE STORY BUILDING. THESE FLAT ELEVATIONS DON'T DO IT JUSTICE. THE NEXT SLIDES WITH THE PERSPECTIVES WILL SORT OF GIVE YOU THE THE REAL REED OF IT. THE BUILDING DOES INCLUDE NUMEROUS ARCHITECTURAL ELEMENTS SUCH AS COLORED STONE, FAUX WOOD, GLASS, STUCCO ALUMINUM CANOPIES AND STRUTS. AND THERE'S A LOT OF HORIZONTAL MOVEMENT IN THE BUILDING FACADE. THE TOP ELEVATION IS OUR ELEVATION NORTH FACING OUR COMMERCIAL NEIGHBORS. THAT'S WHERE THE SIGNAGE IS. THERE'S NO OTHER SIGNAGE ON THE BUILDING OTHER THAN ON THAT FACADE WHICH FACES THE PARKING LOT. OUR WEST ELEVATION IS THE BOTTOM ONE, WHICH FACES ALTERNATE A-1-A. [01:10:06] THE REAR ELEVATION IS ON TOP AND OUR EASTERN ELEVATION FACING THE RESIDENTIAL IS ON THE ON THE BOTTOM. BUT WHEN YOU GET TO THE PERSPECTIVES, YOU CAN SEE THE DEPTH OF THE HORIZONTAL OR VARIATION IS WHAT GIVES ITS MOVEMENT IN THAT ROOF LINE AND THE MIX OF MATERIALS AND THE COUNTERBALANCE OF THE VARIOUS MATERIALS ON THE FACADES AND JUST CERTAINLY GIVE IT A LOT OF MOVEMENT AND, AND AND CONTRIBUTE TO THE ARCHITECTURE VERNACULAR. IT'S A MODERN ARCHITECTURAL VERNACULAR THAT WAS BASED ON THE TRUIST BANK SITE THAT WAS APPROVED TWO YEARS AGO. THEY WERE VERY MODERN. WE'RE WE'VE PULLED ELEMENTS FROM THAT VERY MODESTLY SAME VIEW, BUT LOOKING FROM THE EAST, LOOKING OUT TOWARDS ALTERNATE A-1-A. IF YOU'RE COMING DOWN THE FLAGPOLE PORTION AND TURNING INTO THE LOT, THIS IS WHAT YOU WOULD SEE FROM THE BUILDING AND PARKING AREA. AGAIN, WE THINK THERE'S A LOT OF VISUAL INTEREST IN THE RANGE OF MATERIALS AND COLORS AND THE BASIC VERNACULAR THAT'S BEEN PRESENTED? THE RANGE OF MATERIALS FROM THE ARCHITECT APPROVED BY YOUR STAFF IN TERMS OF SIGNAGE. WE ARE REQUESTING TWO MONUMENT SIGNS, ONE ALONG ALTERNATE A-1-A, ONE ALONG LIGHTHOUSE DRIVE. VERY IMPORTANT BECAUSE THEY'RE WAYFINDING BEACONS. THIS IS THE FIRST PROPERTY COMING INTO PALM BEACH GARDENS. WE WANT TO HAVE A SIGN OUT FRONT ENSCONCED IN THAT LANDSCAPING, IN THAT 55 FOOT WIDE BUFFER THAT'S REALLY GOING TO BE LANDSCAPED FORWARD. PEOPLE MAY NOT SEE THE BUILDING RIGHT AWAY. IT'S SET BACK OVER 60FT. SO WE WANT TO MAKE SURE THEY CAPTURE THAT DRIVEWAY. WHAT THAT DOES IS IT BASICALLY HAS THEM AVOID GETTING TO THE INTERSECTION. AND WE TAKE THAT TRAFFIC AWAY FROM THE INTERSECTION AT LIGHTHOUSE DRIVE AND AT ALTERNATE A-1-A. SAME WITH LIGHTHOUSE DRIVE. WE'RE ASKING FOR A MONUMENT SIGN, AND IT'S THE SAME PREMISE. WE'RE SET BACK OVER 300FT BECAUSE OF THE FLAGPOLE CONDITION OF THE SITE, AND WE'RE ALSO MOVING ALL THE LANDSCAPING THOSE TREES TO THE NORTH END TO CREATE THOSE STABLE HAMMOCKS. SO IT JUST, WE THINK A SIGN TO CURB TRAFFIC AWAY FROM THE INTERSECTION MAKES A LOT OF SENSE. THERE IS BUILDING SIGNAGE. ONE BUILDING ID SIGN, THE PLUMERIA PLACE WILL BE CENTRAL, FACING NORTHWEST, AND ONE TENANT SIGN ABOVE EACH OF THE PROPOSED TENANT BAYS. WE HAVE NO SIGNAGE PROPOSED ON THE EAST SIDE FACING NORTH PALM BEACH RESIDENCES, AND OUR SITE LIGHTING IS A COMBINATION OF BOLLARDS AND SPARSE PARKING LOT LIGHTING BACK SHIELDED FROM THE FOLKS TO OUR EAST. BUT ESSENTIALLY THERE WILL BE NO LIGHT SPILLAGE ONCE WE WORK OUT ALL THE ENGINEERING. AND SO LIGHTING SHOULD NOT BE A PROBLEM IN TERMS OF ART AND PUBLIC PLACES. THIS THE CONSTRUCTION VALUE OF THIS PROJECT REALLY DOESN'T WARRANT NEW ART, WHERE THE APPLICANT WILL AGREE TO CASH OUT FOR THAT ELEMENT TO SATISFY THAT REQUIREMENT. SIGNAGE. JUST AGAIN, WE'RE NOT ASKING FOR ANY FAVORS IN THE SIZE OF THE SIGNS, IN THE NUMBER OF SIGNS. WHAT WERE THE WAIVERS THAT WE'RE GOING TO TALK TO ARE REALLY ORIENTED TOWARDS THREE THINGS. THE FIRST WAIVER IS FOR LANDSCAPE BUFFERING. THE ONE THAT I DISCUSSED IN TERMS OF A THREE FOOT REDUCTION IN THAT, IN THAT NORTHWEST BUFFER BETWEEN OUR COMMERCIAL PARTNER NEIGHBOR AND OURSELVES. FROM CODE SECTION 78 319 A, WE ARE NOT PROPOSING TO REDUCE THE LANDSCAPING IN IT. WE JUST NEED THE ROOM TO PROVIDE THAT FIVE FOOT UNINTERRUPTED SIDEWALK FROM LIGHTHOUSE DRIVE ALL THE WAY THROUGH TO ALTERNATE A-1-A. AND IT'S A VERY IMPORTANT FEATURE THAT HELPS OUR PATRONS, OUR PATIENTS, BUT ALSO THE FOLKS WHO MAY BE CUTTING THROUGH OR PASSING ALONG THIS. THIS IS AN ALTERNATIVE FOR THEM NOT HAVING TO GO OUT TO THE INTERSECTION OF ALTERNATE A-1A AND AND LIGHTHOUSE. THE LAST TWO WAIVERS ARE FOR THE SIGNS. THE WAIVERS ARE BECAUSE OF THE WIDTH OF OUR FRONTAGES. WE DON'T HAVE ENOUGH FRONTAGE TO ALLOW FOR A SIGN BY RIGHT. SO WE'VE HAD TO ASK FOR WAIVERS BECAUSE OF OUR REDUCED FRONTAGE. WE HAVE ABOUT 180FT. WE REQUIRE 300 ALONG ALTERNATE A-1A. AND WE NEED 700 LINEAR FEET FOR TWO SIGNS. BUT AS YOU KNOW, WE'VE GOT 180FT IN ABOUT 75FT. BUT BECAUSE OF THE LOGISTICS OF THE SITE, THOSE TWO SIGNS ARE PRETTY IMPORTANT. AND WITH THAT, A SETBACK ON THE ON THE WAYFINDING SIGN MONUMENT SIGN AT LIGHTHOUSE DRIVE IS THE LAST COMPONENT OF THAT THIRD WAIVER. [01:15:01] THIS IS WHERE THEY ARE ENACTED. WAIVER ONE IS ALONG THAT NORTHWEST BUFFER ONLY JUST IN THAT SEGMENT THAT'S HIGHLIGHTED IN GREEN. WAIVERS TWO AND THREE ARE BECAUSE OF THE THE THE JUST THE SHAPE OF THE SITE ESSENTIALLY. YOUR STAFF IS IN SUPPORT OF BOTH WAIVER REQUESTS OF ALL WAIVER REQUESTS AND AGAIN, JUSTIFICATION FOR EACH ENHANCED LANDSCAPING IN THE 55 FOOT WIDE LANDSCAPE BUFFER AND OUR EXTREMELY LONG 300 FOOT SEPARATION DISTANCE FROM LIGHTHOUSE DRIVE. THE PLAN IS CONSISTENT WITH THE CITY'S LDR ENCOURAGING EFFICIENT CREATIVE DEVELOPMENT WITHIN THE PUD OVERLAY DISTRICT. THE PLAN IS CONSISTENT WITH THE COMPREHENSIVE PLAN GOALS ONE, TWO, FOUR, 11 OF THE FLU ELEMENT WHICH IS PROMOTING A SENSE OF STRONG SENSE OF COMMUNITY, CONSISTENT QUALITY OF DESIGN YOUR PLANNING, ZONING AND APPEALS BOARD UNANIMOUSLY RECOMMENDED APPROVAL ON DECEMBER 9TH, 2025, AND WE'RE SEEKING THIS COUNCIL'S APPROVAL FOR ORDINANCE ONE 2026 AND RESOLUTION ONE 2026 THIS EVENING. AND WITH THAT, WE'RE HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU VERY MUCH. DOES STAFF HAVE ANYTHING TO ADD TO THE PRESENTATION? NO, MADAM MAYOR, THANK YOU. AND STAFF DOES RECOMMEND APPROVAL ON FIRST READING. THANK YOU. I DO NOT HAVE ANY COMMENT CARDS ON THIS ITEM, SO I'M GOING TO CLOSE THE PUBLIC HEARING AND ASK FOR ANY QUESTIONS AND OR COMMENTS BEFORE WE BRING IT BACK FOR A VOTE. ANYBODY HAVE ANYTHING TO ASK THE PETITIONER OR STAFF? NO. OKAY THEN MAY I HAVE A MOTION AND A SECOND? I'LL MAKE A MOTION TO APPROVE ORDINANCE ONE 2026. SECOND. OKAY. WE HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. MOTION PASSES 5 TO 0. THANK YOU. WE'RE GOING TO MOVE ON TO ORDINANCE FOUR 2026 WITH THE CLERK. [VIII.d. ORDINANCE 4, 2026 – (1ST READING) AMENDING CHAPTER 14 (ANIMALS) OF THE CITY’S CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. AT ARTICLE II. DOGS AND CATS. BY REPEALING SECTION 14-31. DEFINITIONS. AND READOPTING SAME, AS REVISED; FURTHER AMENDING CHAPTER 14. BY REPEALING SECTION 14-40. ADOPTION OF SHELTER AND RESCUE ANIMALS. AND READOPTING SAME, AS REVISED, IN ORDER TO AMEND THE REGULATION OF SAME; FURTHER AMENDING CHAPTER 14. BY REPEALING SECTION 14-42. PENALTIES – ENFORCEMENT. AND READOPTING SAME, AS REVISED; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ] PLEASE READ THE TITLE ORDINANCE FOR 2026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 14 ANIMALS AND ARTICLE TWO DOGS AND CATS BY REPEALING SECTION 1431 DEFINITIONS AND ADOPTING SAME AS REVISED FURTHER AMENDING CHAPTER 14 BY REPEALING SECTION 1440, ADOPTION OF SHELTER AND RESCUE ANIMALS AND ADOPTING SAME AS REVISED IN ORDER TO AMEND THE REGULATION OF SAME. FURTHER AMENDING CHAPTER 14 BY REPEALING SECTION 1442 PENALTIES ENFORCEMENT AND ADOPTING SAME AS REVISED, PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14 ANIMALS SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED, PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THANK YOU, PATTI, AND I'M GOING TO OPEN THE PUBLIC HEARING AND ASK OUR CITY ATTORNEY FOR A PRESENTATION, I GUESS. THANK YOU, MADAM MAYOR. JUST BRIEFLY SOME OF YOU MAY RECALL BACK IN 2014 WE, THE CITY COUNCIL DECIDED TO DIRECTED ME TO DRAFT AN ORDINANCE THAT WOULD PROHIBIT THE RETAIL SALE OF CATS AND DOGS IN THE CITY FOR A MYRIAD OF REASONS. I WON'T GO INTO ALL THE DETAILS OF WHY THAT WAS, BECAUSE OF THE INHUMANE NATURE OF THE THE KITTEN FACTORIES AND THE PUPPY MILLS AND WHATNOT. AND WE HAD A WE HAD A PROVISION IN HERE IN THE ORDINANCE THAT IT WOULD ALLOW NOT FOR PROFIT AND ANIMAL RESCUE ORGANIZATIONS TO PARTNER WITH A, A PET STORE OR PET STORES WERE NO LONGER ALLOWED TO SELL CATS AND DOGS IN THE CITY, BUT THEY COULD PARTNER WITH THEM TO HOST ADOPTION EVENTS. AND THE INTENT WAS THAT IT WOULD BE AN EVENT NOT HOUSED THERE, THAT THEY WOULD BE THERE, AND THEY'D HAVE AN EVENT AND PEOPLE COULD COME IN AND, AND, AND LOOK AT THE ANIMALS AND PET THE PUPPIES OR KITTENS AND THEN CHOOSE TO TAKE ONE HOME. AND IT HAD COME TO OUR ATTENTION THAT TWO OF THE PET STORES IN THIS IN THE CITY WERE HOUSING ANIMALS IN THE PET STORES OVERNIGHT, EVERY NIGHT, EVERY DAY. AND THEY HAVE THEM FOR ADOPTION. I FROM BASED UPON THE INFORMATION THAT WE HAVE BEEN ABLE TO GLEAN, THEY ARE LEGITIMATE ADOPTION. THEY'RE NOT SELLING THE ANIMALS. BUT I BROUGHT THIS FORWARD FOR YOUR CONSIDERATION. IT'S COMPLETELY UP TO THE COUNCIL TO DETERMINE TO DECIDE WHETHER YOU WANT TO ADOPT IT OR NOT. WHAT WE WERE TRYING TO DO WAS MAKE SURE THAT THERE THAT PEOPLE WEREN'T GETTING AROUND A LOOPHOLE AND POTENTIALLY, AGAIN, HOUSING THE ANIMALS THERE ALL NIGHT AND THEN POTENTIALLY SELLING THEM. WE'VE TRIED TO ADOPT REGULATIONS IN HERE THAT WOULD MAKE THAT IMPOSSIBLE. AND THERE ARE SOME CLEANUP ISSUES ITEMS IN HERE, BUT IT WAS TO REQUIRE THAT IT WOULD LIMIT THE NUMBER OF ADOPTION EVENTS SO THAT THEY WOULDN'T BE HOSTING THEM. WOULDN'T BE HOUSING THEM OVERNIGHT. THEY WOULD HAVE A PERMIT FEE THAT WOULD BE CHARGED FOR THE EVENT. AND WE ALSO PUT A TOP DOLLAR AMOUNT ON HERE IS WHAT THE MAXIMUM AMOUNT OF MONEY THEY COULD CHARGE FOR THE ADOPTION. [01:20:06] BECAUSE USUALLY THE, THE, THE, THE NOT FOR PROFIT ORGANIZATIONS AND THESE ANIMAL RESCUES, THEY DO A GREAT JOB AND THEY, AND THEY PROVIDE A VALUABLE SERVICE AND THEY, THEY WANT TO RECOUP THE COST, LIKE THEY TYPICALLY SPAY AND NEUTER THE ANIMALS. THEY GIVE THEM THEIR VACCINES, THEY TRY TO MAKE SURE THAT THEY'RE HEALTHY. AND TYPICALLY I'VE ADOPTED FOUR. SO I KIND OF HAVE A ROUGH IDEA OF THE PRICES. IT USUALLY RANGES BETWEEN 200 AND $300 THAT THEY WANT TO RECOUP AS AS ADOPTION FEE, IF YOU WILL, JUST SO THEY CAN RECOUP THE COST OF SPAY AND NEUTER AND THE AND THE INITIAL MEDICAL. AND SO WE PUT THAT IN THERE AND WE DEFINED WHAT AN ADOPTION EVENT IS AND THE MAXIMUM DURATION OF ADOPTION EVENT AND THE MAXIMUM NUMBER THAT THEY COULD HAVE. AND AGAIN I JUST OFFER IT FOR YOUR CONSIDERATION. YOU CAN IT'S UP TO YOU. OKAY. I DO NOT HAVE ANY COMMENT CARDS ON THIS ITEM, SO I'M GOING TO CLOSE THE PUBLIC HEARING. AND DOES ANYBODY HAVE ANY QUESTIONS FOR MAX? I DON'T HAVE A QUESTION, BUT. BUT WE HAVE GOTTEN OUR OUR RESCUE KITTIES IN THESE THINGS. AND THE IDEA OF THEM HAVING TO STAY THERE OVERNIGHT AND TRYING TO AVOID DOING THAT. I'M GLAD THAT MAX BROUGHT THIS TO OUR ATTENTION, AND I SEE NO ISSUE WHY WE SHOULDN'T SUPPORT IT. SO THANK YOU. ANYBODY ELSE HAVE ANY QUESTIONS OR COMMENTS? NO, I JUST HAVE ONE QUESTION WHICH IS DID WE HAVE WAS THERE ANY ISSUES THAT WE WERE NOT AWARE OF THAT CAME ABOUT. AND THAT'S WHY WE HAD THIS OR HOW DID THIS JUST COME ABOUT? I'M JUST CURIOUS. AND IT'S MY UNDERSTANDING THAT OUR CODE ENFORCEMENT DEPARTMENT BECAME AWARE OF IT, THAT THERE WERE ANIMALS BEING HOUSED IN THE PET STORES OVERNIGHT. AND AGAIN, OUR CODE REFERRED TO ADOPTION EVENTS, NOT THE HOUSING. IT WAS FOR THE TEMPORARY. IT SAID THAT THEY COULD HAVE THEM. THEY'RE TEMPORARY. AND SO IT APPEARED THAT THERE WAS A LOOPHOLE IN THE CODE THAT WAS BEING. TAKEN ADVANTAGE OF OR BEING EXERCISED. AND SO WE BROUGHT THIS FORWARD TO OFFER IT IS WHETHER YOU WANTED TO CLOSE THE LOOPHOLE. I DON'T AS FAR AS I KNOW, I DON'T KNOW OF ANY ANYONE IF ANYBODY IN THE CODE ENFORCEMENT OR STAFF HAS ANY KNOWLEDGE OF THE ANIMALS THAT ARE BEING HOUSED, THEY'RE BEING MISTREATED OR ANYTHING LIKE THAT. I'M NOT ALLEGING THAT BECAUSE I DON'T HAVE ANY KNOWLEDGE OF THAT. IT'S JUST THAT THAT WAS NOT THE INTENT OF THE ORIGINAL ORDINANCE. AND SO I BROUGHT IT FORWARD FOR YOUR CONSIDERATION. IF IT'S SOMETHING THAT YOU WANTED TO ALLOW, WE CAN CERTAINLY MAKE ADJUSTMENTS TO THIS TO ALLOW IT. IT'S ENTIRELY UP TO YOU, BUT I THOUGHT IT WAS IMPORTANT TO BRING IT FORWARD, BECAUSE IF YOU RECALL, WE HAD TO FIGHT OVER THIS QUITE A BIT. I REMEMBER I WAS THERE AND IT WAS A TOUGH SITUATION, BUT IT WAS THE RIGHT THING TO DO FOR SURE BECAUSE WE HAD A COUPLE OF PET STORES IN THE CITY BACK IN 2014 THAT WERE SELLING THESE THESE POOR LITTLE ANIMALS FOR 1500, $2,500. AND THEY WERE HAVING ALL KINDS OF HEALTH ISSUES. AND IT WAS REALLY VERY BAD. AND AND WE ACTUALLY HAD THE DISTINCTION OF BEING THE FIRST MUNICIPALITY IN, IN, IN THE UNITED STATES TO USE AN ORDINANCE ADOPTED LIKE THIS TO STOP THAT, BECAUSE WE ACTUALLY PREVENTED THEM FROM SELLING THE ANIMALS AFTER THAT. MY LAST QUESTION IS WHY THE $300 TO ME IS AND I'M TOTALLY OKAY WITH A CAP AND I DID WE I KNOW YOU SAID THAT YOU'VE ADOPTED. IS THIS SOMETHING THAT'S STANDARD? THE ONES THAT YOU'VE BEEN TO? I KNOW THAT THERE'S A LOT. IT'S PRETTY NORMAL. THAT USUALLY RANGES BETWEEN 2 AND $300. I'LL DO SOME. I CAN DO SOME ADDITIONAL RESEARCH AND SEE IF IT'S INCREASED, IF WE NEED TO RAISE IT. SO TO MAKE SURE THAT THE ADOPTION ORGANIZATIONS GET. AND THAT'S MY ONLY CONCERN, IS IT SEEMS THAT IF YOU GUYS CHOOSE TO PASS IT ON FIRST READING, I WILL DEFINITELY LOOK INTO THAT AND FIND OUT. THAT'S THE ONLY THING THAT CONCERNS ME IS JUST SO THAT THEY DON'T, YOU KNOW. SURE, I UNDERSTAND. WE WOULDN'T WANT TO LOSE. WOULDN'T WANT TO LOSE. I DON'T WANT THEM TO HURT THEM OR HANDICAP THEM IN ANY WAY FOR DOING THE RIGHT THING. SO I APPRECIATE YOU LOOKING INTO THAT. OKAY. THANK YOU VERY MUCH. WE CLOSE THE PUBLIC HEARING, SO I'M GOING TO BRING BACK FOR A VOTE. WE HAVE A MOTION. I'LL MAKE A MOTION TO APPROVE ORDINANCE FOUR 2026, FIRST READING. SECOND. I HAVE A MOTION AND A SECOND. ALL IN FAVOR? AYE. MOTION CARRIES 5 TO 0. OKAY. WE'RE GOING TO MOVE ON TO ITEMS FOR COUNCIL DISCUSSION. [X. ITEMS FOR COUNCIL ACTION/DISCUSSION AND ITEMS OF INTEREST: ] I RECEIVED A REQUEST BY LISA KATZ WHO'S WITH COMBAT ANTISEMITISM ORGANIZATION TO SIGN A PEER TO PEER LETTER OF SOLIDARITY TO MAYOR WILL NEMESH OF WAVERLY COUNCIL, WHERE THE BONDI BEACH IS LOCATED, IN RESPONSE TO THE ANTI SEMITIC ATTACK ON BONDI BEACH IN SYDNEY, AUSTRALIA. AND ARE YOU ALL IN FAVOR OF SIGNING IT? YEAH, I THINK IT'S A GOOD THING. I SAW IT, I THINK ANYTHING LIKE THIS. I WOULD WELCOME THE OPPORTUNITY COLLECTIVELY FOR ALL OF US TO SIGN THIS. YOU KNOW, IT WAS IT WAS A HORRIBLE, HORRIBLE ATTACK. [01:25:03] AND WE I THINK I CAN I WON'T TALK ON BEHALF OF MY COLLEAGUES, BUT I THINK WE WE WOULD ALL AGREE THAT IT WAS TERRIBLE AND WE WOULD WANT TO BE PART OF COLLECTIVELY BE PART OF SOMETHING LIKE THIS AND, AND HAVE OUR NAMES ASSOCIATED WITH IT. ABSOLUTELY. ANYBODY ELSE? I AGREE WHOLEHEARTEDLY WITH VICE MAYOR THAT THIS IS DEFINITELY SOMETHING THAT I'D AGREE TO SIGNING AND SENDING IT FROM THE COUNCIL. YEAH I AGREE. IT'S UNFORTUNATE THOUGH. WE WE SEEM TO BE DOING A LOT OF THESE IN THE PAST YEAR OR SO, AND I I WOULD HOPE THIS WOULD STOP, BUT WE'LL CONTINUE TO SUPPORT THE WAY WE NEED TO SUPPORT AND CONTINUE TO DO WHAT WE DO HERE IN THE CITY. THANK YOU. ANYBODY ELSE HAVE ANY COMMENTS IN SUPPORT OF ALL OF YOUR SUPPORT ON THIS? AND INDEED, BERT, YOU'RE RIGHT. IT'S A SHAME TO CONTINUE TO HAVE TO DO THIS. AND I APPRECIATE THE CONTINUED ANTI ANTI ANTI ANTI-SEMITISM OF OUR CITY. THANK YOU. AND THANK YOU FOR JOINING ME IN SIGNING THIS LETTER. WE DON'T NEED TO VOTE ON THAT DO WE MAX. WE HAVE CONSENSUS OF THE COUNCIL BY CONSENSUS. YES. THANK YOU. OKAY. OVER THE HOLIDAYS WE HAD A LOT OF COMMENTS AND HAD SOME EMAILS ABOUT THE TOPIC THAT WAS BROUGHT UP AT THE COUNCIL AT THE ITEMS FOR COMMENTS. AND WHO WOULD LIKE TO START THAT DISCUSSION? COUNCIL WANTED TO DISCUSS IT. I WOULD LIKE TO I CAN GO AHEAD. VICE MAYOR STARTED CALLED THE MICROPHONE FIRST. SO WE'LL START WITH YOU. YEAH. NO, I APPRECIATE IT. THANK YOU. FROM COMMENTS OF THE PUBLIC FOR BRINGING THIS TO OUR ATTENTION AGAIN. IT'S SOMETHING THAT I'VE DEFINITELY HAVE THOUGHT ABOUT, AND I'VE BEEN TALKING TO RESIDENTS ABOUT, AND I'VE MET WITH SOME OF YOU AS WELL ABOUT IT. AND I THINK IT'S IMPORTANT FOR US TO ADDRESS IT. AND WHAT I'D LIKE TO PROPOSE TO MY FELLOW COUNCIL, MY MAYOR AND COUNCIL MEMBERS, IS TO POSSIBLY DO SOME KIND OF RESOLUTION TO DISCUSS THE DIFFERENT THINGS THAT WOULD POSSIBLY EXPOSE US TO ANY KIND OF LAWSUITS OR ANYTHING LIKE THAT, BUT NOT ONLY INCLUDE THE MENORAH, BUT THE CRECHE AS WELL, AND ANYTHING ELSE THAT WE MIGHT HAVE TO CONSIDER. SO THAT'S WHAT I'D LIKE TO TALK ABOUT COLLECTIVELY AMONGST OURSELVES, IF WE'D LIKE TO TALK ABOUT DOING A POSSIBLE RESOLUTION FOR THAT TO ADDING THAT AND AGAIN, EXPOSURE OR WHAT DO WE NEED TO COLLECTIVELY CONSIDER MOVING FORWARD WITH, WITH DOING THIS, SUPPORTING THIS. OKAY. ANYBODY ELSE? COUNCIL MEMBER REED WANTED TO. SO. WELL. YEAH. THANK YOU. THAT'S GREAT TO HEAR. THIS IS STUFF WE CAN'T REALLY EVER TALK ABOUT, SO IT'S NICE TO BE ABLE TO HAVE AN OPEN CONVERSATION. I AM DEFINITELY NOT A LAWYER, AND I DON'T WANT TO OPINE ABOUT LEGALITY, WHICH IS WHAT WE HAVE A CITY ATTORNEY FOR. AND EVEN IF YOU HAVE CHATGPT, IT DOESN'T MAKE YOU A LAWYER. FOR SURE. I'M HEARING A LOT OF CHATGPT THESE DAYS. I AM JEWISH, AND OF COURSE, AS A JEW, I WOULD LIKE TO HAVE A MENORAH BESIDE THE TREE LIKE I HAVE IN MY CULTURALLY DIVERSE HOME. THAT SAID, WE HAVE UNTIL DECEMBER 4TH TO FIGURE THIS OUT, AND IT SHOULD NOT BE PART OF A CAMPAIGN PROMISE. IT SHOULD NOT BE POLITICAL POSTURING. MY BUBBE WOULD SAY, SHONDA, ON YOU FOR DOING THAT. THIS IS SOMETHING TO BE CONSIDERED AND CONTINUED SUPPORT OF EVERYBODY. SO LET'S FIND A WAY TO DO IT THROUGH COLLABORATION. LET'S FIND A WAY TO HAVE AN EVENT OR A DISPLAY THAT WILL NOT PUT OUR CITY INTO A SITUATION. AND MAYBE THINGS WILL LOOK DIFFERENT THIS YEAR COMING UP BECAUSE OF IT. BUT THAT IS SOMETHING THAT I HOPE TO ACCOMPLISH WITH YOU GUYS IN THE NEXT FEW MONTHS WHILE I REMAIN ON THIS COUNCIL. AND IF NOT, I KNOW THAT OUR STAFF, OUR CITY MANAGER AND OUR CITY ATTORNEY WILL ALL WORK TOGETHER WITH WHOMEVER IS ON COUNCIL TO FIND A WAY THAT TO MAKE SURE ALL VOICES ARE HEARD. BUT I THINK IT'S TIME TO TO BUCKLE DOWN AND DECIDE WHAT IT WILL LOOK LIKE AND EXPLORE CONSIDERATION OF A CELEBRATION OF CULTURAL DIVERSITY GOING FORWARD. SO YES, I DON'T KNOW IF IT'S A RESOLUTION. IT'S CERTAINLY NOT AN ORDINANCE YET, BUT I DO THINK WE NEED TO FIND OUT WORST CASE SCENARIO AND FIND A WAY AROUND IT. THANK YOU, COUNCIL MEMBER KEMP. OKAY. NO, NO, I WAS GOING TO SAY I AGREE WITH COUNCIL COUNCILWOMAN REED, BUT I THINK WE NEED TO EXPEDITE THIS A LITTLE QUICKER. I MEAN, I WANT TO HAVE THIS DONE IN THE NEXT 1 OR 2 MEETINGS BECAUSE THEN ALL OF A SUDDEN IT'S GOING TO BE SIX MONTHS AND EIGHT MONTHS, AND WE'RE GOING TO BE TWO YEARS BEHIND THE CURVE AGAIN LIKE WE ARE NOW. COUNCILWOMAN REED HAS BEEN HERE A LONG TIME. I THINK WE CAN HAVE SOMETHING IN THE NEXT 30, 60 DAYS WITH HER STILL HERE, VOTING ON IT FOR HER HISTORY AND RELIGION AS WELL, TO MAKE SURE WE DO THE RIGHT THING ON THIS. [01:30:06] LET'S GET IT DONE SOONER THAN LATER AND STOP WAITING. AND AND KEEPING THIS KIND OF SELF-INFLICTED ISSUE IN THE PUBLIC, I THINK WE NEED TO JUST RESOLVE IT AND BE DONE. AND LET'S LET'S GET IT WORKED OUT. IT WAS UP THERE FOR YEARS, NEVER WAS AN ISSUE. AND LET'S GET BACK TO INCLUSIVITY FOR THE WHOLE CITY AND ALL THE PEOPLE THAT LIVE HERE, BECAUSE IT'S WHAT WE DO, YOU KNOW, IT'S A SPECIAL PLACE. AND LET'S GET AN ANSWER. LET'S GET IT DONE SOON. THANK YOU. COUNCIL MEMBER KEMP, I AGREE WITH ALL OF THEM. AND YOU KNOW, IT'S WE HAVE A TOURNEY AND IS SITTING ON A BOARD. WE CAN'T. I DON'T INTERPRET THE LAW. I LOOK TO HIM FOR HIS INTERPRETATION, FOR ME TO FOLLOW AND TO FIND A SOLUTION TO THIS. I THINK THERE'S GOT TO BE A SOLUTION FOR IT. YOU KNOW, THERE WAS EXAMPLES OF OTHER CITIES THAT HAVE MENORAHS AND CRECHES IN THEIR HALLS, SO MAYBE THAT'D BE A GOOD RESOURCE TO REACH OUT TO. AND IF POSSIBLE, YOU KNOW, I'D BE IN SUPPORT OF IT ALSO. COUNCILMAN KEMP, CAN I ASK YOU A QUESTION? DO YOU HAVE MENORAHS IN THE FIRE STATIONS? JUST CURIOUS. NO WE DON'T. YOU DON'T KNOW, TYPICALLY HAVE TREES OR THAT TREES COME DOWN TO. IT'LL BE KIND OF A STATION PRIDE THING. SO SOME GUYS WILL THROW THEM UP, BUT USUALLY IT'S A CONSENSUS AMONGST US. AND WE'LL DO IT IN THE PRIVATE AREA THAT'S, YOU KNOW, THE AREA THAT'S OUR LIVING QUARTERS THAT TYPICALLY THE PUBLIC DOESN'T GO IN. OCCASIONALLY WE'LL PUT A WREATH ON THE FRONT OF A FIRE TRUCK WHEN WE'RE GOING IN A PARADE OR SOMETHING. BUT AS IN MENORAHS OR NATIVITY SCENES OR ANYTHING CHRISTMAS RELATED REALLY, OTHER THAN THE PRIVATE AREA, WE DON'T PUT ANYTHING. OKAY. THANK YOU. I JUST WANT TO KNOW THAT. THANK YOU. I AGREE WITH EVERYTHING THAT WAS SAID HERE TONIGHT. I THINK THIS IS I WAS SHOCKED TODAY. AND THIS IS THE FIRST TIME IN THE HISTORY OF PALM BEACH GARDENS WHERE ERIC SABLAN AND SID DINERSTEIN ARE ACTUALLY FIGHTING FOR THE ON THE SAME SIDE. THAT SHOCKED ME. BUT ANYWAY I HAD SO MANY PEOPLE CALL DURING THE BREAK ABOUT THIS AND DISAPPOINTMENT ABOUT WHAT THEY LEARNED. I APPRECIATE YOU GUYS HAVING A CONVERSATION. IT'S A GOOD THING TO DISCUSS. I'M I WOULD LIKE TO PUT IT TO BED QUICKER. I'D LIKE TO GET A RESOLUTION SO IT'S NOT A CONTINUOUS ISSUE. AND EVERY MONTH WE'RE TALKING ABOUT A HANUKKAH MENORAH, BECAUSE WE HAVE A LOT OF BUSINESS IN OUR CITY TO DEAL WITH. SO I DO WANT TO PUT IT TO BED. I I'VE HAD NUMEROUS LAWYERS SAY WHAT THEY FEEL, AND I'M NOT GOING TO GET INTO ALL OF THOSE COMMENTS. BUT LIKE COUNCIL MEMBER KEMP SAID. THERE SHOULD BE A WAY THAT WE CAN FIND UNITY AND GET THIS GET SOMETHING DONE. AND WE'VE ALWAYS BEEN WE'VE ALWAYS PRIDED OURSELVES TO SHAPING THE FUTURE AND SETTING A STANDARD. AND WHY SHOULD WE NOT DO THAT NOW? SO I'D LIKE TO PERSONALLY I'D LIKE TO SEE THEM BACK ON THE PIANO. I WOULD LIKE TO HAVE SOME SOMETHING. I DON'T KNOW IF IT NEEDS TO BE RESOLUTION. I DO WANT TO THANK YOU. AND I DO APPRECIATE THE DREIDEL THAT WAS PUT AT OUR HANUKKAH TREE LIGHTING CELEBRATION. THAT WAS A NICE ADDITION LAST YEAR, AND I THINK WE COULD DO THAT GOING FORWARD ALONG WITH OTHER THINGS. SO I'M IN AGREEMENT WITH EVERYBODY. THANK YOU VERY MUCH FOR BRINGING THAT UP. BUT YES, I WOULD LIKE TO GET IT DONE SOONER VERSUS LATER SO IT DOESN'T BECOME AN ISSUE CONSTANTLY. YEAH. OKAY, I GUESS THAT'S I JUST WANT TO HAVE. NO, I WANT TO ADDRESS ONE MORE ISSUE TOO WITH WITH REGARDS TO CITY ATTORNEY THAT WAS BROUGHT UP TONIGHT. I THINK IT'S KIND OF TWOFOLD. ONE IS I THINK THE COMMENTS LAST MONTH WERE A LITTLE STRONG. I WENT BACK AND ACTUALLY WATCHED THE VIDEO, AND I GUESS WE'RE SITTING UP HERE JUST KIND OF IN DAYS AS WE'RE WE'RE GOING THROUGH THE WHOLE AGENDA AND THE CITY ATTORNEY'S COMMENTS WERE KIND OF STRONG, AND I AND THERE IS KIND OF A PUBLIC SENTIMENT THAT HE'S WAS A LITTLE OVER HIS SKIS ON THAT. SO MY RECOMMENDATION WOULD BE, I THINK THE CITY ATTORNEY SHOULD JUST PUT TOGETHER AN APOLOGY LETTER ON HIS COMMENTS. THE BODILY HARM ISSUE IS SOMETHING WE SHOULD NOT BE DOING ON THIS SIDE OF THE AISLE. ON THE OTHER SIDE OF THE AISLE, WE HAVE THE POLICE AND OTHER PEOPLE THAT WILL DEAL WITH IT IF WE GET SOMEBODY THAT'S UNRULY. AND I KNOW THE CITY ATTORNEY HAS PASSION ABOUT WHAT HE DOES, BUT I JUST THOUGHT HE WAS A LITTLE OVER HIS SKIS ON THAT. AND I THINK AN APOLOGY LETTER WOULD GO FAR. AND ON THE FLIP SIDE OF THAT, THE ANTI-SEMITISM COMMENTS. WE HAVE TO DEFEND MAX ON THAT BECAUSE WE ARE HIS BOSSES AND I HAVE NEVER SEEN OR ANYBODY. NOBODY'S EVER TOLD ME THAT HE'S THAT WAY. AND WE DID NOT DEFEND HIM LAST MONTH AS WELL. SO I JUST WANT TO PUT THAT OUT THERE AS WELL, THAT MAX, WE IN NO WAY THINK YOU'RE THAT WAY. NO WAY IN HELL. OKAY. AND WE SHOULD HAVE DEFENDED YOU BETTER. AND WE LET YOU GET OUT A LITTLE BIT AHEAD OF YOUR SKIS WITH SOME OF THE COMMENTS, BUT YOU HAD TO VENT OFF THE STEAM, [01:35:01] AND I UNDERSTAND IT. AND I THINK JUST AN APOLOGY LETTER WOULD GO A LONG WAY FOR THE PUBLIC TO UNDERSTAND. YOU'RE PASSIONATE ABOUT YOUR JOB, AND WE SHOULD HAVE PROTECTED YOU. WHEN THOSE COMMENTS WERE MADE FROM WHOMEVER OR WHEREVER THEY CAME FROM, WE NEVER SAW THEM. BUT WE SHOULD HAVE DEFENDED YOU AS WELL. SO THAT'S WHAT I ASKED THIS COUNCIL TONIGHT, IF YOU'RE OKAY WITH THAT. I'M CERTAINLY OKAY WITH IT, AND I AM. I DO REGRET BEING GETTING AS EMOTIONAL AS I DID. [XI. CITY ATTORNEY REPORT] THERE IS AN INDIVIDUAL WHO DID ACCUSE ME OF BEING ANTI-SEMITIC. AS IT RELATES TO REMOVAL OF MENORAH, WHICH I FOUND OBVIOUSLY PARTICULARLY OFFENSIVE. I'VE SERVED THIS CITY COUNCIL FOR QUITE A LONG TIME, AND I SERVED IN THE MILITARY FOR MANY YEARS, AND I'VE SERVED ALONG PEOPLE OF EVERY COLOR, EVERY RACE, EVERY CREED, EVERY RELIGION. AND NO ONE HAD EVER ACCUSED ME OF ANYTHING LIKE THAT BEFORE. AND IT'S INCREDIBLY HURTFUL. AND IT'S NOT FREE SPEECH, IT'S SLANDER AND IT'S DEFAMATION. AND THE PERSON THAT SAID IT SAID THEY KNEW WHEN THEY SAID IT THAT IT WASN'T TRUE, BUT THEY WOULD CONTINUE TO PROFIT, THAT THEY WOULD CONTINUE TO PUBLISH THAT LIE ABOUT ME, IF THAT'S WHAT IT TOOK TO GET THE MENORAH BACK ON THE PIANO. AS IF THAT WAS MY MOTIVATION FOR REMOVING IT, WHICH I BELIEVE I ALSO SAID LAST WEEK. IF IT WERE MY DECISION PERSONALLY, RATHER THAN AS YOUR ATTORNEY I WOULD WANT THEM BOTH ON THERE. AND THAT THE ADVICE THAT I HAVE GIVEN UP TO THIS POINT HAS BEEN AN ATTEMPT TO TAKE THE MOST CONSERVATIVE APPROACH. LIKE I SAID, ONE THAT I, MY PERSONAL BELIEFS I DON'T LIKE, BUT I'M NOT IN A POSITION TO ALLOW MY PERSONAL FEELINGS TO AFFECT THE ADVICE THAT I GIVE YOU. BECAUSE MY CONCERN, FIRST AND FOREMOST, IS TO PREVENT THIS CITY FROM BEING SUED. IT'S NOT JUST ABOUT WINNING THE LITIGATION. IT'S ABOUT TRYING TO KEEP YOU FROM BEING SUED. I DON'T I DO KNOW, AND I BELIEVE THERE IS A WAY TO PUT THEM BOTH UP THERE. I DO, I ALWAYS HAVE I'VE NEVER SAID THAT THEY COULD NOT BE DISPLAYED OR THAT THEY WERE ABSOLUTELY NOT PERMISSIBLE. AS I SAID LAST WEEK, WHAT I SAID WAS THAT THE REASON THAT I HAVE COUNSELED AGAINST IT IS BECAUSE AND IT'S THE REASON THAT THE CITY BACK IN OH SIX ESTABLISHED THE FREE SPEECH ZONE, IS THAT IT CAN GIVE RISE TO OTHER SYMBOLS, PEOPLE DEMANDING FREE OPPORTUNITY TO PUT THEIR SYMBOLS UP THERE. AND WHEN PEOPLE SAY THAT THE CASE LAW IN THIS AREA IS WELL SETTLED, THAT I'M SORRY, THAT'S JUST NOT THE TRUTH. IT'S IT'S BETTER. AND IT KEEPS KIND OF GETTING BETTER. BUT IF YOU LOOK AT THE CASE LAW IN THIS AREA OVER THE LAST 50 TO 60 YEARS, IT'S BEEN LIKE THIS. AND IT VARIES BASED UPON THE MAKEUP OF THE SUPREME COURT. UNFORTUNATELY, THERE HAVE BEEN SOME RECENT DECISIONS. THE ALLEGHENY DECISION IS NOT RECENT, BUT THE ALLEGHENY DECISION TALKED ABOUT THAT. AND IT WAS A SITUATION WHERE YOU HAD A VERY LARGE MALL NEXT TO A CHRISTMAS TREE, AND IT HAD A PATRIOTIC LANGUAGE NEXT TO IT, AND IT WAS OUTSIDE OF THE THE ALLEGHENY COURTHOUSE. AND IT WAS. AND THE CRECHE WAS OR THE MENORAH, RATHER WAS OWNED BY A CHABAD JEWISH ORGANIZATION. AND THEN INSIDE THEY THAT DISPLAY WAS A CRASH. AND IT HAD, YOU KNOW, IT HAD A VERY THERE'S NO WAY YOU COULD LOOK AT THAT CRASH AND READ THE LANGUAGE OVER THE TOP OF IT AND NOT THINK THAT IT WAS, YOU KNOW, IT TALKED ABOUT THE BIRTH OF JESUS CHRIST BEING THE SAVIOR, WHICH WHILE THAT'S SOMETHING OBVIOUSLY CHRISTIANS BELIEVE, THAT'S SOMETHING THAT PEOPLE FROM OTHER RELIGIONS, ANY OTHER RELIGION DOESN'T BELIEVE. AND SO THEY SAID THAT'S DEFINITELY NOT PERMITTED BECAUSE IT WAS IT CLEARLY SEEMED LIKE THE GOVERNMENT WAS ENDORSING IT. SO THERE ARE WAYS TO DO IT, AND I'M HAPPY TO LOOK INTO IT IN MORE DETAIL TO TRY AND COME UP WITH A A. A METHODOLOGY THAT WILL PUT US IN THE MOST DEFENSIBLE POSITION POSSIBLE, IF THAT'S THE DIRECTION THAT THE COUNCIL WANTS TO GO TO DO IT SO THAT HOPEFULLY WE CAN PROHIBIT WE'LL BE ABLE TO AVOID THE POSSIBILITY OF OTHER POTENTIAL SYMBOLS THAT ARE ANTITHETICAL TO THE HOLIDAY THAT HOLIDAY SEASON. I MENTIONED SOME OF THAT AT THE LAST MEETING. I WON'T GO INTO ANY GREATER DETAIL. THAT'S ALSO ONE OF THE REASONS THAT SOME OF THE DISCUSSIONS HAVE NOT BEEN HAD ON THE DAIS. SOME OF YOU MAY RECALL OVER THE YEARS, A LOT OF THESE DISCUSSIONS HAVE BEEN HAD WITH YOU ONE ON ONE INDIVIDUALLY BECAUSE OF WITH THE CITY MANAGER, MYSELF AND DEPARTMENT HEADS, SOMETIMES TO AVOID THE POTENTIAL POLITICIZATION OF IT THE NEWS MEDIA [01:40:02] OF IT AND ALSO INVITING PEOPLE TO SOMETIMES WHEN YOU ATTRACT ATTENTION TO THINGS, THEN PEOPLE COME DO THINGS RIGHT. THEY COME WANT TO SUE YOU, THEY WANT TO COME CAUSE PROBLEMS. AND THAT'S WHAT WE'VE TRIED TO AVOID. BUT YES, I, I HAVE NO PROBLEM. AUTHORING A LETTER TO THE FIVE OF YOU APOLOGIZING FOR MY COMMENTS. I WAS I WAS VERY UPSET, AND I SAID I WAS VERY HURT. MAYBE IN PART BECAUSE I DIDN'T FEEL LIKE ANYBODY SPOKE UP FOR ME. AND ALSO BECAUSE, LIKE I SAID, I'D NEVER BEEN ACCUSED OF THAT BEFORE. AND I SAID JUST IT'S A VERY HURTFUL THING BECAUSE WHEN SOMEBODY ACCUSES YOU OF THAT, WHERE DO YOU GO? AND I MEAN, THAT'S KIND OF THE PROBLEM WITH THE DISCOURSE IN OUR COUNTRY, RIGHT? I MEAN, YOU CALL IT YOU DON'T LIKE THE ARGUMENT, YOU CALL SOMEBODY A RACIST, YOU CALL THEM THIS, OR YOU CALL THEM THAT, THEN WHAT DO YOU HAVE LEFT? YOU KNOW I'M NOT. YOU HAVE TO PROVE A NEGATIVE. AND SO I DO APOLOGIZE FOR THAT. BUT IT WAS I WAS I THINK QUITE OBVIOUSLY YOU GUYS IT WAS NOT LOST ANYBODY OUT DEEPLY WOUNDED. I WAS BECAUSE I DON'T THINK THAT THERE ARE MANY PEOPLE THAT HAVE THE COURAGE TO COME UP AND SAY THAT TO YOUR FACE. ALL RIGHT. WE LOOK FORWARD TO YOU. WE LOOK FORWARD TO YOUR WORK CERTAINLY IN THE NEXT COUPLE OF MONTHS. AND THANK YOU. YEAH. WE'LL PUT SOMETHING TOGETHER AND LET'S LET'S GET MOVING. SO THANK YOU. AND MAX, WAS THAT YOUR CITY ATTORNEY REPORT? YES, MA'AM. WE HAVE THE WE'RE WE'RE JUST BRIEFLY WE ARE PROGRESSING IN THE IN THE DEFENSE OF THE CITY AND THE WITH THE THE GOLF CLUBHOUSE THAT'S MOVING ALONG. AND WE HAVE A FEW THINGS THAT ARE STILL MOVING ALONG AS IT RELATES TO THE MOBILITY CASE. AND AS SOON AS WE GET ANYTHING THAT'S DISPOSITIVE OR REPORTABLE, I WILL SHARE IT WITH ALL OF YOU. BUT THOSE CASES ARE STILL IN THE WORKS, AND WE'RE DILIGENTLY PURSUING THEM. THANK YOU. DOES ANYBODY HAVE ANY QUESTIONS FOR OUR CITY ATTORNEY REGARDING THOSE CASES OR COMMENTS? OKAY. RIGHT THERE. I JUST WANTED TO FINISH ON THE PUBLIC COMMENT. I KNOW MAX KIND OF WENT IN THERE, AND I KIND OF WANTED TO. REEMPHASIZE WHAT BERT HAD SAID. AND I THINK LAST, LAST MEETING, WE LET HIM GET TOO FAR AHEAD OF HIS SKIS. AND I WANTED TO SAY I WAS SITTING NEXT TO MAX, AND I DID NOT KNOW ABOUT THE ANTI-SEMITISM REMARK THAT WAS MADE TO HIM. AND WE I DON'T THINK WE DID DO A GOOD JOB OF STICKING UP FOR HIM WHEN WE KNEW THAT WAS SAID. AND I HOPE IN THE FUTURE WE DO DO A BETTER JOB. MAX. I WORK IN A PROFESSION ALSO THAT WE'RE EXPECTED TO BE ROBOTS. AND YOU SEE IT ON THE NEWS A LOT WITH FIRST RESPONDERS. AND, YOU KNOW, WE GET TRAINING ON HOW TO ACT IN PUBLIC AND PUBLIC DISCOURSE, BUT NOBODY TEACHES YOU HOW TO TAKE THE EMOTION OUT OF THINGS. SO. AND, YOU KNOW, I UNDERSTAND MAX IS NOT A ROBOT. SO I UNDERSTAND HOW HE GOT THERE. BECAUSE SITTING NEXT TO HIM, I WAS WATCHING HIS HAND SHAKES WHILE HE DID RESEARCH ON IT. I WAS FEELING THE ENERGY AND THE EMOTION COME FROM HIM IN A CRACKLING VOICE AS TONIGHT. SO I'M SORRY THAT WE DIDN'T DO A BETTER JOB STICKING UP FOR YOU ALSO, AND I UNDERSTAND THE EMOTION THAT CAME OUT AND YOU KNOW, AS I ALSO WITH BERT, WENT BACK AND WATCHED THE VIDEO MORE THAN ONCE BECAUSE WE ALL RECEIVE PHONE CALLS AND I THOUGHT, PUT MYSELF IN BOTH SIDES. AND, YOU KNOW, I THINK THE APOLOGY WOULD BE GOOD FOR THE RESIDENTS. YOU KNOW, I DON'T THINK NECESSARILY WE NEED IT, BUT THEY MIGHT BECAUSE I THINK OF IF SOMEBODY WAS AT THAT PODIUM AND THREATENED STRONG WORDS TOWARDS US, THERE PROBABLY WOULD HAVE BEEN INTERACTION AND AND REMOVED FROM THE MEETING. SO I THINK WE NEED TO PAY ATTENTION TO AND I THINK IT GOES FOR ALL OF US. I THINK THIS IS A LEARNING LESSON FOR ALL OF US TO I MEAN, ONE OF US MIGHT BE EMOTIONAL ALSO BECAUSE NONE OF US ARE ROBOTS TO KIND OF KEEP EACH OTHER IN CHECK AND AND KEEP THE MEETING CIVIL AT A MINIMUM FROM THIS SIDE. SO I'M SORRY WE DIDN'T STICK UP FOR YOU. AND I APPRECIATE YOU WRITING THAT APOLOGY LETTER, AND THAT WAS ADDRESSING THAT, BUT YOU'VE ALREADY ADDRESSED THAT BACK. I'D ALSO LIKE TO SAY ONE MORE THING IN PUBLIC DISCUSSION AWAY FROM THAT WAS WE HAD SOMETHING ON THE AGENDA. THE AGENDA CHANGED LAST MINUTE REFERENCING A PROCLAMATION FOR OUR, OUR OLD CITY MAYOR AND THE COUNTY PAST MAYOR, NOW CURRENT COMMISSIONER. AND WE HAD TO CHANGE IT BECAUSE SHE'S UNDER THE WEATHER. SO I JUST WANTED TO SAY. I HOPE SHE'S FEELING BETTER AND GET WELL SOON SO WE COULD DO THE PROCLAMATION NEXT MONTH. AND THAT'S ALL I HAD. THANK YOU VERY MUCH, EVERYBODY ELSE, AND THANK YOU FOR THOSE NICE COMMENTS. THANK YOU. AND THANK YOU FOR EVERYBODY ELSE. BUT, MAX, I DO ALSO WANT TO REITERATE THAT NOBODY LIKES TO BE PERSONALLY ATTACKED. AND I AGREE WITH COUNCIL MEMBER KEMP AND ALL EVERYBODY THAT SAID EVERYTHING ON THE ON THE DAIS AND I WOULD BE EMOTIONAL IF SOMEONE ATTACKED ME PERSONALLY AS WELL. AND SO IT GOES BOTH WAYS FROM THE AUDIENCE AND ALSO FROM HERE. SO NONE OF US LIKE TO DO THAT, BUT WE ALL HAVE TO. WE HOPE OUR AUDIENCE WOULD RESPOND PROPERLY AND WE'LL DO THE SAME THING. [01:45:03] SO THANK YOU VERY MUCH. AND THAT'S VERY KIND OF YOU TO DO. ALL RIGHT. WELL, THE MEETING, SINCE MAX ALREADY DID HIS REPORT, THEN THE MEETING IS ADJOURNED. THANK YOU SO MUCH. AND HAPPY NEW YEAR. * This transcript was compiled from uncorrected Closed Captioning.