Jupiter OKs dig at Suni Sands over cries of 'Shame!' from those who want historic site preserved

JUPITER — Before an angry crowd that called for the entire 10-acre Suni Sands site to be protected from development, the Jupiter Town Council voted 3-2 on Tuesday to preserve only a portion of it.

The council approved a certificate to dig in 6 acres of the historically and archaeologically significant property near the Jupiter Inlet known as the first village in Jupiter where the Jeaga and Jobe Native American tribes carved canoes, fished and lived at least 5,000 years ago.

The 23-minute meeting was punctuated with outbursts, applause, boos, whistles and cheers from the audience.

Under the terms of the vote, the 4.07 acre Suni Sands Shell Midden, a 10-foot buffer around it and the 950-foot long and 9.56-foot wide pathway that was the Celestial Railway’s north segment and terminus will be preserved.

Both sites are listed as historic archaeological sites in the Florida Division of Historical Resources master site file, which states both are potentially eligible for the National Register of Historic Places.

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Jupiter vote prompts angry outbursts: 'Shame, shame, shame!'

After the vote, as the three council members who voted to grant the certificate to dig — Mayor Jim Kuretski, and council members Ron Delaney and Malise Sundstrom — quickly exited out the back door, attendees became more vocal.

They erupted into a chant of “Shame, shame, shame!” and shouted,  “How dare you?," “This is not what the locals want,” “This is not over,” and more. One person said the three would never be re-elected.

Prior to the vote, Kuretski said, “The town takes great pride in its history and heritage and recognizes that Florida laws require the council to balance preservation of sites with the rights of property owners to develop their properties.”

Native American activists — including Miccosukee tribal member Betty Osceola and Robert Rosa of the American Indian Movement, who wore feather headdresses and traditional Native American attire — along with local residents and members of groups such as The Jupiter Inlet Foundation packed the council chambers and an overflow room. The more than 130 attendees presented a united front against the council’s decision.

On Wednesday, Rosa said his group is looking into the possibility of filing a lawsuit against the town, which would be based on discrimination against Native Americans.

“We are looking into it. The townspeople, everyone who wants to, could join in. We don’t want them digging at all,” Rosa said. “The land should not be sold.”

Rosa said Native Americans want artifacts and remains to remain untouched and undisturbed, and do not want them removed and locked up in museums.

Council member Cameron May and Vice Mayor Cheryl Schneider stayed in the council chambers and spoke with attendees, who thanked them for their votes against granting the dig certificate.

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Vote allows Suni Sands dig, not approval for hotel, condominiums

Charles Modica, a longtime Hobe Sound resident and developer, purchased the Suni Sands mobile-home park that occupied the site for decades for $17 million in 2013. He planned to build a mixed-use development with condominiums, a restaurant and hotel.

Modica has stated that if development is prohibited on most of the property, then his project becomes economically infeasible. His attorney, Philippe Jeck, declined to comment on the council's vote Wednesday.

In February, after months of testimony from archaeologists and historians, as well as Modica's team, the town’s Historic Resources Board denied the property owners a certificate to dig at the site, which is needed before any development can begin. The developer appealed the decision to the council.

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The HRB said the entire 10 acres is historically and archaeologically significant and that any development there would be harmful. While digs in recent years have uncovered 3,500 ceramic pieces, a tool made using basalt, a stone originating from between Georgia to New York, a knee cap and seven teeth, more artifacts or remains of Native American ancestors could be in the mound and elsewhere on the property, the board said.

Tuesday's vote did not approve any development, although it opened the door to that possibility.

If Modica elects to develop the property, his companies must still go through the normal development application processes, including a review by the town staff, a review of development plans by Jupiter's Planning & Zoning Commission and consideration by the town council.

The issuance of the certificate to dig establishes the following conditions:

• Notification of work that will disturb the site, monitoring of work and stopping work when necessary.

• If human remains are found, pursuant to Florida Statutes, all activities must stop and the town, relevant agencies, the Seminole Tribe of Florida and the State Division of Historical Resources must be notified. They must provide approvals before any work can continue.

• If artifacts are recovered from the property, they must be documented and a copy of the findings must be provided to the town, which can require any artifacts recovered to be donated or loaned to the Loxahatchee River Historical Society or other recognized historical  or archaeological organizations.

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Jupiter council members who voted in favor feared property-rights lawsuit

Prior to the vote, council members gave their reasons for voting for or against the certificate to dig.

Delaney said that agreeing with the HRB to preserve all 10 acres was a risky proposition, and he did not want to take that chance.

“It would likely result in litigation from the taking of private property rights and the town of Jupiter would forever lose control over the destiny and future development of Suni Sands, if any. I’m just not willing to take that risk,” he said.

Delaney, who said he has received and read hundreds of emails about the issue, said that issuance of the certificate to dig does not mean that shovels will break ground tomorrow.

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Sundstrom compared the Suni Sands issue to a recent Palm Beach County Commission decision to allow development at the former Palm Beach International Raceway off the Beeline Highway west of Jupiter.

The racetrack opened in 1964 as Moroso Motorsports Park, and the development plans drew an outcry from racing and drag racing fans. In May a magistrate overturned the commission’s original denial of the plan to develop warehouses there.

“I do not want the same surprise for residents here, which is why we can’t vote for the full denial because it doesn’t have a legal or factual basis and would be overturned,” Sundstrom said.

Sundstrom referred to specific pages in the 1,500 pages of testimony and records and said that the testimony did not support preserving the entire 10 acres.

“It is complicated. We do not own this property,” Sundstrom said. “We are not in complete control.”

Schneider said the hearing was supposed to be limited, focused on whether there was sufficient evidence in the record to support HRB’s decision to designate all 10 acres as archaeologically and historically significant, thereby protecting it from future development.

Schneider criticized the three members who voted for a partial preservation, saying they substituted their own judgment for that of expert opinions such as the HRB and the town’s archaeological consultants.

“I never thought that a majority of this council would take an action that adds yet another stain on the town for the mistreatment of people who once lived and thrived on Suni Sands,” Schneider said.

“For a reason that remains unclear to me, the majority seems to believe that the HRB made an error, because in their view, there is not sufficient evidence in the record to support protecting the 6 acres,” Schneider said. “Why are these acres less worthy than the land surrounding the Celestial Railroad?”

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The 6 acres will be the subject of waivers and special exceptions that will lead to more intense commercial and residential development, Schneider said. She also expressed concerns about the environmentally sensitive estuary filled with seagrass and marine life on the shoreline adjacent to the unprotected property.

The majority of the council showed they have no problem with digging up Native American remains and no regard for where those remains were laid to rest, Schneider said.

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After the meeting, Schneider said the town’s lobbyists in Tallahassee are interested in pursuing grants to buy the property. She also said the town has money in its Open Spaces bond fund and that the Community Redevelopment Agency also has funds of up to $38 million to be spent over the next 10 to 15 years.

“Once you designate the property this way, it changes everything,” Schneider said.

May, who grew up in Jupiter, said that for the most part, the town has been built out well.

“When I look at areas like this, I really want to fight to preserve these areas,” May said. “To me it would be hugely disrespectful of American Native ancestors by trying to dig. In my opinion, it needs to be left alone.

May added: “I hope we have an opportunity to purchase this area and preserve it for educational purposes. I am going with the experts.”

Jupiter Inlet Foundation board member Vivien McLean-Bunce said there is money, such as grants, available for the property to be purchased.

“By doing this, they have opened up the opportunity to develop this particular area more densely,” McLean-Bunce said. "It opened up a whole new can of worms."

This article originally appeared on Palm Beach Post: Jupiter OKs dig at historic Suni Sands Native American burial site