Court to decide whether Jupiter voters must OK fire-rescue department's creation
JUPITER — Opponents of Jupiter’s decision to start its own fire-rescue department have taken the town to court, hoping to push the issue onto the March ballot.
Circuit Judge Reid Scott will schedule a hearing on a petition that a political action committee filed after the town chose not to put the matter to voters. The Palm Beach County Supervisor of Elections Office has said it needs the question in hand by Dec. 15 to place it on the ballot. No hearing had been scheduled as of late Wednesday.
The ballot question put forth by Jupiter Residents to Keep Palm Beach County Firefighters would amend the town charter to require voters to approve the creation of a fire-rescue department, not merely the Town Council, which voters elect.
Many of the committee’s members also belong to Local 2928 of the International Association of Firefighters, which represents county firefighters. It is not clear how the creation of a town department would affect their employment.
The Town Council last month refused to submit the question to the elections office after Town Attorney Tom Baird determined the proposed ballot question “legally insufficient.”
The council unanimously decided Tuesday to file a “complaint for declaratory relief” against the political action committee so the court can decide the legality of the proposed ballot question.
The move came at a meeting that grew tense at times, with one opponent of a town fire-rescue department asking Mayor Jim Kuretski to look at her while she spoke. It also followed a testy exchange of statements between the town and the committee that were emailed to residents.
Jupiter, PAC argue over whether state law requires March vote
Most municipalities in coastal Palm Beach County, some of them far smaller than Jupiter, already have their own fire-rescue departments, created under the home-rule provisions of the Florida Constitution.
For 40 years, Jupiter has contracted with Palm Beach County Fire Rescue for those services. It and Wellington are the largest communities in the county without their own fire-rescue departments.
Kuretski and council members Malise Sundstrom and Ron Delaney cited rising costs and fears of losing local control as their reasons for voting Aug. 15 to create a fire-rescue department, six weeks ahead of the town's deadline to renew its contract with the county department.
Only one council member, Cameron May, has opposed the creation of a fire-rescue department. May is a county firefighter and paramedic who has said he fears the move is shortsighted and was done without sufficient public comment.
The new department would begin service in 2026, and the town is expected to pay more than $60 million to launch it, that includes money to buy trucks, hire personnel and build at least one fire station.
Opponents of the move gathered more than 9,000 signatures on petitions trying to place the question on the ballot for municipal elections March 19.
The elections office certified 5,560 of the signatures submitted as registered voters who live in Jupiter, which is still more than the 10% requirement of voter signatures to get an item on the ballot. The other signatures were from people who did not live within the town or whose names did not match the signatures that the elections office had on file, according to a spokesperson for the elections office.
Laura Donaldson, a Tampa-based lawyer for the committee, said this week that Jupiter has chosen not to follow the Florida law that gives voters a chance to change their town charters through a petition.
“If a town could just on its own decide that they don’t like a charter amendment that’s been put forth by their citizens and just ignore it, then every city would do that and constituents wouldn’t have the ability to follow the charter amendment statute,” Donaldson said. “The petition speaks for itself.”
Baird wrote in a statement Friday that the charter amendment proposed in the petition is “misleading and confusing” because it didn’t advise voters of its purpose.
He also has said the statute calls for the matter to be put on the next general election ballot, which in Jupiter’s case would be in March 2025. He said a general election is defined as one where town voters elect people to serve as mayor and council members.
“Since the Political Committee has elected to have its Tampa lawyer file a lawsuit against the town which has no merit; and because it is absurd to believe that a municipality could be prohibited from creating its only fire or police department to serve its citizens, I will recommend the filing of an action for declaratory and injunctive relief. This action will conclusively demonstrate the illegality of the proposed amendment of the town’s charter,” Baird’s statement said.
Testy exchange of emails mark dispute between Jupiter, PAC
The town emailed a letter to residents just a few hours before the town council meeting Tuesday about the court action. It followed other emails by the PAC advocating for the measure to be placed on the ballot.
“Members and supporters of the PAC, many of whom are non-residents, are urging the Town Council to include the legally-insufficient question on their petition as a referendum on the March 2024 ballot,” reads the town’s letter.
The letter went on to ask residents to email messages of support for the Jupiter fire-rescue department to council members. One resident criticized this request during Tuesday night’s meeting, asking if the council wanted to hear from residents only when they agree with them.
The political action committee responded in a letter to those subscribed to its email list an hour after the town’s letter was sent out.
A spokesperson for the committee wrote, “Instead of listening to the citizens they work for, this Town Council instead hurls insult-laden emails and over-the-top propaganda pieces to deny our right to a fair, honest, transparent, and Democratic process.”
Council member Andy Fore pleaded with residents during Tuesday night’s meeting, asking for the “underhanded, sideways comments” to stop.
“If you guys don’t like us, vote against us or run yourself instead of badmouthing us or saying we are polluting people,” said Fore, who was appointed to fill a vacant position on the council after the Aug. 15 vote. “That’s craziness.”
County won't sell U.S. 1 fire station, asks Jupiter to reconsider break
The town’s decision to end its relationship with Palm Beach County Fire Rescue has been the subject of fiery comments at nearly every council meeting following the Aug. 15 vote.
Their comments have been met with council members approving the allocation of millions of dollars toward the new department’s engines, ambulances and first hires.
The town displayed the first Jupiter Fire Rescue Department ambulance at their community holiday event on Dec. 1, decorated with Jupiter Fire Rescue branding and wreaths.
The town has three county fire-rescue stations within its borders. The one on Military Trail in Abacoa is expected to stay with Jupiter, leaving it to build two others. Town Manager Frank Kitzerow asked Patrick Kennedy, Palm Beach County Fire Rescue administrator, if the town could lease Station 18 on U.S. 1, near Burt Reynolds Park. Kennedy declined in a letter to the town on Nov. 22.
“The sudden cancellation of the contract and sudden installation of a fire rescue plan inclusive of a rather comprehensive media campaign are both curious and disheartening,” Kennedy’s letter read.
“As we update our deployment plan as impacted by the unfortunate and unwanted separation with the Town of Jupiter, it would be premature and frankly reckless at this point to consider removing station 18 from our resource list. I remain desirous of any discussions, which would lead to a resolution returning the symbiotic relationship between the Town of Jupiter and Palm Beach County Fire Rescue.”
Kuretski said at Tuesday’s meeting that although the town was unsuccessful in its attempt, it has three years to “bring closure” on the issue.
“We would buy the station over on U.S. 1. We can’t imagine (PBCFR) keeping that going, but at this point in time, they are saying no,” Kuretski said. They’re going to keep it going for one call a day.”
Maya Washburn covers northern Palm Beach County for The Palm Beach Post, part of the USA TODAY Florida-Network. Reach her at mwashburn@pbpost.com. Support local journalism: Subscribe today.
This article originally appeared on Palm Beach Post: Must Jupiter voters approve fire-rescue department? Court to decide
