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[Call To Order]

[00:00:08]

CLARK, MAYOR OF THE CITY OF STEWART, CALLING TO ORDER THE REGULAR MEETING OF THE STUART CITY COMMISSION ON JUNE 28 2021. 5:30 P.M. AND THE COMMISSION CHAMBERS LOCATED AT 1, 21, SOUTH WEST FLAGLER AVENUE IN STUART. FLORIDA. WELCOME TO OUR MEETING. CLERK.

[ROLL CALL]

WOULD YOU PLEASE CALL THE ROLL? MAYOR CLARKE. YES VICE MAYOR MATHESON HERE, COMMISSIONER BRUNER. YEAH. COMMISSIONER MCDONALD COMMISSIONER MEYER HERE. WAS IN THE ROOM. PLEASE

[PLEDGE OF ALLEGIANCE]

STAND FOR THE PLEDGE OF ALLEGIANCE. LET US CONSIDER STATE OF OUR COMMUNITY. OF OUR STATE. AND OUR NATION. AS WE ARE LED IN THE PLEDGE OF ALLEGIANCE BY OUR VICE MAYOR, MEMORY, MATHESON. LIKE TO ALLEGIANCE TO THE FLAG. UNITED STATES OF THEM. TO THE REPUBLICAN RICHARD SAYS ONE DAY UNDER. INDIVIDUAL WITH LIBERTY AND JUSTICE PROBLEM. FIRST ITEM

[COMMENTS BY CITY COMMISSIONERS]

IS COMMENT. SPEYER CITY COMMISSIONERS WILL START WITH COMMISSIONER BRUNER HAVE DONE.

THANK YOU. MR MCDONALD. UM YEAH, A COUPLE QUICK THINGS. ONE IS I WANT TO JUST WISH EVERYBODY A HAPPY FOURTH OF DRY COMING UP THIS WEEKEND. UH I'M LOOKING FORWARD TO THE FIREWORKS ACTUALLY WON'T BE HERE FOR THEM. I'M GONNA BE CELEBRATING MY 24TH WEDDING ANNIVERSARY OF MY WIFE. SO BECAUSE WE GOT MARRIED ON INDEPENDENCE DAY. UM. SO BUT ANYWAYS, I JUST WANT TO SAY I WANT TO JUST PASS IT ALONG THAT EVERYBODY HAVE A GOOD HAPPY SAFE. FOURTH OF JULY. THIS COMING WEEK, ALSO ONE OF THE THINGS UM I JUST TOOK NOTE OF IS THAT WHEN WE'RE VOTE, AND WE'RE GOING TO BE DISCUSSING SOME STUFF RIGHT OR, BUT IT'S DIFFERENT DISCUSSION. BUT WHEN WE VOTE NOW, THE VOTING ORDER HAS NOT BEEN COMPLETELY RANDOM.

AND THE MAYOR. ALWAYS VOTES LAST, AND THAT WAS SOMETHING THAT HAD NEVER BEEN THAT WAY.

AM. I REALLY WOULD LIKE TO SEE US IF IT'S UP. YOU KNOW THE COMMISSION THAT WE GO BACK TO A COMPLETELY RANDOM VOTING ORDER. THAT'S RIGHT. I THOUGHT IT WAS RANDOM, BUT IT'S SUPPOSED TO BE RANDOMIZED. YEAH EXCEPT FOR THE MARYLAND GLASS, SO THAT'S NOT RANDOM. NO. WELL WE CAN BLAME THE CLERK THAT'S PRESENT FOR THAT. YEAH, I VOTED FOR SO I DON'T KNOW IF THE BEER GOING LAST WAS A DECISION BY THE. COMMISSION PREVIOUSLY, BUT ROBERT'S RULES ACTUALLY HAS THE CHAIRMAN OF THE BOARD GOING LAST. IN NOVEMBER. WE ADOPTED. CHAPTER TWO AND ONE OF THE THINGS WE ADOPTED IN. IT WAS ROBERT'S RULES SO IT COULD BE AT MARY'S NOT HERE, SO I CAN'T ASK HER, BUT I'M ASSUMING THAT WHEN WE ADOPTED ROBERT'S RULES AS OUR DEFAULT. PROCEDURE THAT MARRIED PROBABLY STARTED BEING THE STRICT LETTER OF ROBERT'S RULES. AND CALLING THE MAYOR LAST. BUT IF THE BOARD SO PLEASE IS THAT IT PROBABLY MAKES SENSE. WE CAN GIVE MARRIED THE INFORMATION AND WE CAN BEGIN AND GO BACK TO THE COMPLETELY RANDOM NATURE OF IT, OR IT SHOULD AT LEAST BE COMPLETELY RANDOM. AND YOU KNOW SHE CAN EITHER GET A RANDOMIZER NEVER UNDER SCREEN, OR SHE CAN LITERALLY PUT THE NAMES IN A HAT AND PULL THEM OUT WHEREVER SHE WANTS. GET OUT OF HERE. THANK YOU, COMMISSIONER. MCDONALD COMMISSIONER MEYER.

THANK YOU, MADAM MAYOR. UM. WOULD JUST LIKE TO SAY. I KNOW, UH MANY OF US OUR THOUGHTS ARE.

WITH THOSE MISSING AND SURFSIDE THAT THROUGH THE BUILDING COLLAPSE THAT GREAT TRAGEDY.

HAS GARNERED INTERNATIONAL ATTENTION. MHM. JUST TERRIBLE. UM. AT THE LAST. UH ONE OF THE LAST MEETINGS. WHEN WE TALKED ABOUT HOUSING, THERE WAS SOME DISCUSSION AROUND IMPACT FEES.

AND I'M GLAD THAT WE DID NOT. DISCUSS REALLY? ELIMINATING IMPACT FEES WERE OFFERING IMPACT THESE UP AS A WAY TO INCENTIVIZE DEVELOPMENT. UM. I DIDN'T ASK FOR IT TO BE PUT ON THE AGENDA, BUT, UH, I DID READ RECENTLY. A GREAT, UM, OP ED BY MAGGIE HER CHALLAH, UH, KIND OF ALERTING THE PUBLIC. GENERALLY WE'VE TALKED ABOUT THIS YEAR. PREVIOUS MEETINGS ABOUT THE.

THE BILL THAT WAS SIGNED, CAPPING IMPACT FEES IN THE STATE. UM MAGGIE. EXPLAIN THAT TO THE PUBLIC AND DESCRIBED THE CHALLENGES WITH NEW DEVELOPMENT AND HOW CAPPING IMPACT FEES WOULD BE, UM. DETRIMENTAL TO SAY THE LEAST. SO I THOUGHT THIS MIGHT BE A GOOD

[00:05:04]

OPPORTUNITY FOR US. IF. IF IT PLEASES THE BOARD FOR US TO HAVE A DISCUSSION ITEM, UM, HAVE STAFF PRESENT TO US. YOU KNOW, WHEN WAS THE LAST TIME WE LOOKED AT IMPACT FEES HERE? WITHOUT WITH OUR CITY. AND ASSESS WHETHER OR NOT THEY MIGHT NEED TO BE UPDATED IN THE LIGHT OF RECENT DEVELOPMENT AND PROJECTED DEVELOPMENT. SURE. AND TRY TO AND IF WE NEED TO START PLANNING INCREASES BECAUSE YOU KNOW NOW THEY'RE CAPPED. SO. JUST I DON'T KNOW IF WE NEED A DND ITEMS THAT ARE NOT JUST FOR YOUR INFORMATION. I HAVE ASKED MR FREEMAN TO, UH, BUDGET THAT FOR ANOTHER STUDY, BECAUSE YOU HAVE TO DO A STUDY FOR THESE IMPACT. THESE. AND YOU HAVE TO DO THEM. THEY HAVE TO BE TIMELY. SO OUR LAST ONE WAS FIVE YEARS AGO, SO WE'D BE DUE FOR ANOTHER ONE IN THE NEXT CYCLE, SO THE STUDY WOULD OCCUR NEXT YEAR NEXT YEAR. ALSO COME OUT ONE OF THE THINGS ABOUT THE IMPACT FEES THAT IS SIGNIFICANT IS THAT. IT'S NOT JUST TO COLLECT THE MONEY AND YOU CAN'T JUST STRIPE ROADS OR WHATEVER YOU ACTUALLY HAVE TO CREATE NEW CAPACITY AND A LOT OF CHEMISTRY. LOOK AT THE CITY LIKE THE CITY IS STUART TO COLLECT ROAD IMPACT THESE YOU HAVE TO THEN GO AROUND AND SAY, OKAY, WHERE ARE WE GOING TO BUILD THESE NEW ROADS? AND SOMETIMES BUILDING NEW ROADS GENERATES CONSTRUCTION ITSELF. JUST BECAUSE THE NEW ROADS HAVE NEW LOCATIONS FOR THE PEOPLE TO BE ON THE SAME THING GOES WITH LIBRARIES. SOMETHING GOES WITH PARK. SAME THING GOES WITH ALL THE STUFF SO THAT. DOING? THE STUDY DOESN'T NECESSARILY MEAN AN INCREASE IN IMPACT. SOMETIMES IT COULD ACTUALLY MEAN A DECREASE IF YOU DON'T HAVE ROADS PROGRAM. THAT'S A GREAT POINT, BUT I WOULD ALSO LIKE TO SING. YOU HAVE TO DO IT STATUTORILY. IT'S LEGAL. YEAH. YEAH BUT I'D ALSO LIKE TO SUGGEST THAT THERE'S SOME MOVEMENT. AND OTHER COMMUNITIES, SOME VERY CLOSE TO US PUSHING TOWARDS MOBILITY FEES IN LIEU OF TRANSPORTATION IMPACT FEES, WHICH HAVE A BROADER AND WE HAVE, UH, SO THAT. YOU KNOW THERE WE CAN. WE CAN GET AROUND. THINGS ARE TRANSPORTATION FEE IS A MULTI MODAL FEE, RIGHT? AS FAR AS CAN BE FOR MULTI USE PATH ISN'T AND BIKE LANES AND IF I HAD, I MEAN, WE DID I REMEMBER WHEN WE DID THAT STUDY BY, I GUESS, 56 YEARS AGO, AND, UH OH, SOME OF THE THINGS WE FOUND WAS THAT PARKS WHERE WE WERE OVER CAPACITY AND PARKS. SO THERE WAS AN ADJUSTMENT. I THINK DOWNWARD ON PARKS. THERE WAS WE CHANGED TO MOBILITY FEES TO TRANSPORTATION FOR MOBILITY, SO WE'D HAVE MORE LATITUDE FOR THE USE OF THOSE. SO, BUT IT IS DEFINITELY A GOOD THING TO DO EVERY EVERY SO OFTEN BECAUSE THE ENVIRONMENT CHANGES RIGHT. SO OKAY, THANKS. MR RICE MAYOR. THANK YOU. THANK YOU, COMMISSIONER MEYER. BEING THAT THE. MEETING BEFORE THE FOURTH OF JULY. UM. JUST WANT TO STRESS AS COMMISSION MCDONALD EVERYONE HAPPY FOURTH OF JULY, AND ESPECIALLY ALL THOSE THROUGHOUT THE CITY. UM. REMEMBER PEACE AND STABILITY WHEN YOU'RE CELEBRATING.

SPECIALLY THOSE IN THE STEWART WILL REPAIR. OVER EXCITEMENT IN THE PAST, UM. REMEMBER, YOUR FRIENDS AND NEIGHBORS ARE THERE AND FIREWORKS. TO BE DAMAGING. REMEMBER TO RESPECT LAW ENFORCEMENT? UM AND. WHILE YOU'RE CELEBRATING, PLEASE OF BAY. THE RULES. WE HAVE A COUPLE BIG. MEETINGS REGARDING LAKE OKEECHOBEE AND ITS MANAGEMENT THE NEXT TWO DAYS.

CURRENTLY THE LAKE IS AT 12.66 FT. TOMORROW. THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT WILL BE HOLDING A WORKSHOP TO DISCUSS MM. AWESOME. AND POTENTIALLY ADVOCATING FOR ONE OF THE SIX PLANS THAT LOW SOMEONE'S ABOUT, UM, THAT'S AT 10. O'CLOCK TOMORROW YOU CAN ATTEND IN PERSON I BELIEVE OR VIRTUALLY IT'S ON THEIR WEBSITE IS THE LINK. UM, THE NEXT DAY, THE 30TH. THE SOUTH PHOTO. I'M SORRY THE ARMY CORPS OF ENGINEERS WILL BE HOLDING A WORKSHOP. DISCUSSING THOSE PLANS. UM ALTHOUGH THEY WON'T BE PICKING AN OFFICIAL PLAN.

AND THAT WILL BE A VIRTUAL MEETING AND YOU CAN ATTEND THROUGH WEBEX ON THEM. THE IF YOU HAVEN'T BEEN IN TUNE TO THE PROCESS. I WOULD RECOMMEND IF YOU HAVE TIME TO TUNE IN FOR THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT WORKSHOP. THEY WORKED. NO IN SYNC WITH THE CORE AND THEIR DECISION. WILL THROW A LOT OF WEIGHT ON PROBABLY WHAT THE COURT DECIDES. UM PRESENTERS ARE. LIEUTENANT JENNIFER REYNOLDS, WHO WAS THE FORMER COMMANDER OF THE JACKSONVILLE DISTRICT AND NOW WORKS FOR THE SOUTH FORT WIRE MANAGEMENT DISTRICT. AND

[00:10:05]

TIM DYSON OF THE ARMY CORPS OF ENGINEERS THERE. PROJECT LEAD FOR LOS UM. LOOKED OVER THE SLIDES. IT'S VERY INFORMATIVE, ESPECIALLY IF YOU HAVEN'T BEEN INVOLVED IN THE WHOLE PROCESS.

UM, TO GET YOU CAUGHT UP TO SPEED. THE DECISION. THAT THE DISTRICT. MAY OR MAY NOT MAKE TOMORROW THEY DON'T AFTER IT. BACKUP PLAN WILL HAVE SIGNIFICANT IMPACT ON HOW LOW SOME IN SHAPE. AND OTHER THAN THAT AGAIN. EVERYONE HAVE A HAPPY FOURTH OF JULY. UM. I KNOW I RECEIVED EMAIL. I THINK WE ALL DID FROM OUR CITY MANAGER ABOUT A WALK FOR PEACE ANY STEWART AND HOPEFULLY EITHER THE MAYOR OF THE CITY MANAGER CAN TELL US A LITTLE MORE ABOUT THAT. I'LL BE OUT OF TOWN, BUT ENCOURAGE THOSE TO PARTICIPATE IF THEY'RE ABLE TO THANK YOU, VICE MAYOR. MM. UM, ON JUNE 24TH. I HAD A MEETING AT THE 10TH STREET REC CENTER BECAUSE RESIDENTS HAD ASKED ABOUT. TRYING TO MAKE SURE THAT THE YOUNG PEOPLE, ESPECIALLY IN THE EAST, YOUR DEAR, WILL HAVE, UM, AN OPPORTUNITY. TO ENJOY FIREWORKS IN THEIR OWN, ESPECIALLY. AND THERE WAS ALSO SOME CONCERN ABOUT HAVING, UM. ACTS THAT COULD ENDANGER THE TRAVELING PUBLIC OR PROPERTY IN THE AREA, AND THAT. HAS LED TO SOME OF THE FOLKS IN THE AND THAT, UM, COMMUNITY AND SURROUNDING AREAS TO COME TOGETHER AND LIKE COMMISSIONER VICE MAYOR JUST SAID. HOPING TO HAVE A LITTLE WALK AROUND THE COMMUNITY TOMORROW AND ALSO TO FIND SOME WAYS TO ENCOURAGE. EVERYONE TO COME OUT TO OUR FIREWORKS ON JULY 4TH THEIR FLYERS OUTSIDE AND ALSO TO BE SAFE IN WHATEVER COMMUNITY OR HOME YOU ARE TO ENJOY YOUR.

YOUR JULY 4TH HOLIDAYS, SO WE APPRECIATE THAT. I JUST WANTED TO THANK MR LIGGETT AND HIS STAFF AND CITY MANAGER. I'D SENT OUT SOME REQUEST ON. MORE CEMETERY, AND THEY RESPONDED PROMPTLY AND THERE'S SOME OTHER WORK THAT THEY'RE DOING ON THE MORE CEMETERY AND I'M LOOKING FORWARD TO THAT. I'M LOOKING FORWARD TO ALSO GET HIM BACK WITH SOME. RESIDENTS IN THE COMMUNITY WHO ARE CONCERNED ABOUT MORE CEMETERIES. SO THERE'LL BE MORE FOR THAT. I HAVE HAD, UM. PEOPLE ASK ME IF THE. WHAT IS GOING ON WITH THE CITY IN TERMS OF WHEN WE HAVE LAWSUITS AGAINST THE CITY OR THE CITY IS INVOLVED IN A LAWSUIT. UM DO WE GET REGULAR REPORTS OR HOW MUCH MONEY ARE WE SPENDING ON LAWSUITS? AND I WAS JUST GOING TO ASK IF THERE'S A WAY THAT WE CAN EITHER DEVELOP A PROTOCOL OR JUST. CALL ON MR MORE TILL TO MAYBE GIVE US TWICE A YEAR OR ONE SUPPORTER. JUST AN IDEA OF WHAT? HOW MANY LAWSUITS WE HAVE ON WHAT TYPE THEY ARE. WITHOUT EVEN DISCLOSING THE NAMES OR ANYTHING JUST TO LET US KNOW IF WE HAVE HAD SEVERAL PROPERTY. UM LAWSUITS WITH INJURY AT LIKE, YOU KNOW, OR PARKS OR SOMETHING LIKE THAT. OR IF THERE'S SOMETHING GOING ON, SO I DON'T KNOW WHAT THE FEELING THE BOARD IS SO THAT WE CAN JUST TRY TO GET A HANDLE. AND OF COURSE, I'D LIKE TO ALSO KNOW HOW MANY OF OUR LAWSUITS. WE'RE SPENDING OUTSIDE STAFF OR ANYTHING ON OF COURSE, WE HAVE TO APPROVE THOSE, BUT IT'S JUST THE IDEA OF MAKING SURE THAT WE'RE KEEPING TABS AND CHECKING ON THINGS SO UM. IF I DON'T KNOW WHAT THE FEELING OF THE BOARD IS OR THE COMMISSIONERS IF YOU'D LIKE TO HAVE A LITTLE REPORT. I DO SO IF WE HAVE LAWSUITS FROM, YOU KNOW, LIKE.

LIABILITY LAWSUITS. SOMEBODY FALLS AND HURTS THEMSELVES. IS THAT USUALLY COVERED BY OUR INSURANCE CARRIER WE HAVE WE HAVE. TRICO IS HAS A LIST OF FILES THAT THEY'RE REPRESENTING, AND I CAN MEET WITH ANYBODY. OFF THE DIETS ANY TIME THEY WANTED TO TALK ABOUT THEM. I. WHEN I MEET WITH THE TROIKA REPRESENTATIVE, WHICH IS ABOUT ONCE A MONTH. HE HAS THE LIST AND WE GO OVER IT, BUT SHE DOESN'T LEAVE A COPY WITH US AND THEY CONSIDER IT VERY CONFIDENTIAL AND THEY DON'T LIKE TO LEAVE IT. IN ANY PUBLIC SETTINGS, AND THEY DON'T BECAUSE IT'S GOT WORK PRODUCT ON AND OTHER STUFF. SO IT'S. PRETTY, UM, SMALL RIGHT NOW. AS FAR AS OUT OUTSIDE EXPENSES. THERE IS ZERO LITIGATION WITH THE EXCEPTION OF THE P F O A CASE IN THE OPIOID CASE, BUT WE'RE EXPENDING FUNDS ON BUT THAT'S CONTINGENCY FEE ONLY SO WE'RE NOT ACTUALLY SPENDING MONEY. AND THEN ANY CASES THAT I'M DEFENDING FOR US IN HOUSE.

[00:15:02]

REALLY THE ONLY IN HOUSE CASE THAT PENDING RIGHT NOW IS I HAVE. TWO OR THREE FORFEITURE CASES THAT COME AND GO VERY QUICKLY WITH THE POLICE DEPARTMENT. AND THEN IT'S THE NORTH POINT CASE THAT NO, I'M NOT. HELPING THEM PURSUE THEIR CLAIMS IN ANY WAY, SO IF I DON'T FIND ANYTHING, AND WE DON'T TALK ABOUT IT PUBLICLY, THEY DON'T DO ANYTHING. WE ALMOST HAD IT DISMISSED FOR LACK OF PROSECUTION ONCE BEFORE, AND THEN THERE WAS AN ARTICLE IN THE NEWSPAPER AND MAKE CLOUDS AND PAPERWORK AGAIN. SO SOMETIMES TAKING THAT STEP UP.

DOES. REMIND PEOPLE TO DO STUFF, BUT I'M HAPPY TO MEET WITH YOU GUYS QUARTERLY, BRINGING ONCE A MONTH FOR A LIKE AIR. IT'S JUST I DON'T KNOW HOW MUCH INFORMATION YOU WANT FOR IT. IF WE MEET WITH YOU INDIVIDUAL, I MEAN, SOME OF THIS STUFF IS THAT THE CASE IS STILL IF THE CITY HAD TO TAKE ACTION. LIKE THE NORTH POINT CASE. I WOULD HAVE TO GET YOUR AUTHORITY. TO DO IT, SO I'D HAVE A SHADE MEETING, BUT I CAN ONLY HAVE A SHADE MEETING FOR A CASE THAT'S IN ACTIVE LITIGATION. I CAN'T HAVE A SHADE MEETING FOR SOMETHING THAT WHERE SOMEONE SENT US A LETTER THAT WE THINK MIGHT GO INTO LITIGATION THAT HAS TO BE A PUBLIC. QUITE FRANKLY, MOST OF TIME. I TRY TO MAKE THEM PUBLIC ANYWAY, BECAUSE. WITH THE EXCEPTION OF A SETTLEMENT NEGOTIATION OR SOMETHING LIKE THAT. WE TAKE THE ACTION ON THE DIET. EVERYBODY IS SATISFIED WITH THAT WAY OF DEALING WITH THINGS IN BUT I'M HAPPY TO BRING LIKE AT THE NEXT MEETING. I COULD BRING BACK SOME NUMBERS FOR YOU. JUST GIVE THEM TO YOU.

OKAY JUST SO WE HAVE AN IDEA. OKAY AND OF COURSE, I WISH EVERYBODY A HAPPY FOURTH. ON THE STATUS IN SHEPHERD'S SPARKING ENOUGH WHEN CITY MANAGER DOES HIS REPORT. TELL US ABOUT WHEN SHEPHERD SPARK WOULD BE FINISHED WITH ALL THOSE CHANGES AND COMMISSIONER MY BUTT UP THERE. HOUSING AND ZONING ISSUES. I KNOW THAT WHEN WE HAD THE INCLUSIONARY ZONING, UM DISCUSSION THE, UH, DISCUSSION ALSO LED TO ACTUAL LAND USE AND ZONING IN THE E.

STEWART AREA. AND I SAW THAT THERE WAS SOME INTEREST AND I'M WONDERING IF STAFF IS PLANNING TO MEET WITH THOSE RESIDENTS AND TRY TO BRING BACK AND BRING AN UNDERSTANDING OF THE. OF THE P. UDI'S OWNING THE SPECIAL DISTRICT LAND USE, WHICH IS CALLED E STEWART. P U D, SO I JUST WANTED TO BRING THAT UP INTO LET MR UM. FREEMAN KNOW THAT HOPEFULLY GIVE US AN IDEA OF WHEN. SOMETHING LIKE THAT MAY GET OUT TO THE PUBLIC AGAIN FOR THEM TO GET A CHANCE TO DISCUSS THAT SINCE IT WAS DISCUSSED AND BROUGHT UP BY ACTUAL RESIDENTS AT THE HOUSING MEDIUM. I HAVE IN MY HAND HERE. D E OLD LETTER. UM WITH REGARD TO THE PEN AMENDMENTS THAT RECENTLY WENT UP AND OF COURSE, THAT INCLUDES COST SCHOOL. AND SO OF COURSE, IF ANY MEMBER OF THE PUBLIC CONCERT HERE WHAT THE DEAL. HAS SENT BACK TO US. THIS IS IT, AND I THINK THAT COSTCO IS SCHEDULED TO COME BACK ON JULY. 26 IS THAT CORRECT? 26 A TENTATIVE DATE.

YES, YES, I THINK SO. OKAY? ALL RIGHT. SO, UM, THERE'S THAT RESPONSE THEN, UM, THE STUART FEED STORE IS GOING TO BE HAVING. 107 YEARS, 100 SOMETHING YEARS THEY'RE GOING TO BE HAVING AN EVENT OVER THERE. AND I'M GOING TO BE PARTICIPATE IN AND PROBABLY WILL PREPARE PROCLAMATION FOR THEM, BUT I JUST WANTED TO CONGRATULATE THEM NOW AND WE'LL BE DOING IT MORE FORMALLY. WITH REGARD TO THE USE AND THE ACTIVITY FOR THE STUART FEED STORE AND HOW THEY HAVE BEEN INSTRUMENTAL IN KEEPING OUR DOWNTOWN VIBRANT IN THEIR IN THEIR OWN WAY. UM ALSO, I WENT TO A GRADUATION FROM THE BUSINESS DEVELOPMENT BOARD. WE JUST HAD OUR FIRST BUDGET WORKSHOP EARLIER ON TODAY AND SOMETIMES IN THE PAST WITH US.

I KNOW THE COMMISSIONER MCDONALD HAS BEEN. TRUE TO THIS ONE IS PRIOR TIME ON THE BOARD.

WHAT HAPPENS WITH THE MONEY THAT WE GIVE TO THE BUSINESS DEVELOPMENT BOARD AND HOW ARE THEIR ASSISTANT? UM, BUSINESSES IN THE COMMUNITY? WELL, I WENT TO A GRADUATION WHERE THEY HAD HAD LIKE ABOUT A SIX WEEK COURSE WITH PERSONS OR I'M GOING TO BE STARTING THEIR BUSINESS, AND THEY ALSO HAVE A PROGRAM COMING UP ON BUSINESS, HUSTLE AND DIFFERENT WAYS TO DO THINGS AND I WAS, UM I JUST WANT TO APPLAUD THE BUSINESS DEVELOPMENT BOARD AND THEY'VE ALSO SENT US. UM, A LETTER TELLING US OF THEIR ACTIVITIES. AND WHAT'S GOING ON, SO I JUST WANTED TO, UM. UH THEY HAVE SOME CONCERNS, OF COURSE ABOUT THINGS HAPPENING IN THE COMMUNITY, BUT I JUST WANTED TO LIKE FOLKS KNOW THAT THE BUSINESS DEVELOPMENT BOARD, UM

[00:20:01]

IS BASICALLY WORK INTO. MEET THEIR PRODUCT. UM, REQUIREMENTS FOR THE FUNDS THAT WERE GIVEN THEM SO I WANTED TO AT LEAST APPLAUD THEM FOR THAT. OTHER THAN THAT, I DON'T THINK I HAVE.

ANYTHING ELSE AND AGAIN A HAPPY FOURTH OF JULY. YOU, EVERYONE. CITY MANAGER. YES, MA'AM. AS

[COMMENTS BY CITY MANAGER]

FAR AS THE SHEPHERDS PARK, IT WILL BE FINISHED IN LATE AUGUST. WE'LL BE LOOKING AT THEIR RIBBON CUTTING IN LATE AUGUST OR EARLY SEPTEMBER, BUT THOSE THAT PROJECT SHOULD BE COMPLETED IN AUGUST, WITH THE LARGER TREES GOING IN SOMETIME IN MID AUGUST. THE EAST STEWART ZONING THAT YOU BROUGHT UP. WE WERE CONTACTED BY REGIONAL PLANNING COUNCIL ABOUT HAVING THEM CONDUCT BE THE LAYERS ON AND CONDUCT THAT PROJECT, SO I KNOW CAB HAS BEEN SPEAKING WITH THEM AND TRYING TO SEE WHAT THAT LOOKS LIKE AND WHAT THAT COST FACTOR WOULD BE FOR HAVING THEM STEP IN AND WORK WITH THE CITY IN EASTERN COMMUNITY TO BRING THAT TO A RESOLUTION. UM WAY OF JUST INFORMATION TO THE COMMISSION. WAS CONTACTED BY NEW URBAN WHO IS DEVELOPING THE HEAVENLY, A 16 PROPERTY AND THERE IS A WAS AN ISSUE THERE BECAUSE THEIR ORIGINAL DRAINAGE WAS WAS NOT APPROVED IN THE HEAVENLY, A PROJECT AS A WHOLE ONE THAT WAS DONE DURING THE MASTER PLANNING. IT STAYED WITH THE GREEN RIVER PARKWAY. UM DRAINAGE SYSTEM. AND SO THERE IS A NEED FOR THEM TO MOVE THE THEIR STORMWATER DRAINAGE AND THEY'RE WILLING TO AND WANT TO.

UH DO A PIECE OF THAT ON CITIES PROPERTY, SO WRAP AROUND THE FRONT OF THEIR PROPERTY AND THEN CONNECTED TO THE CITY'S PROPERTY AND THEN OUT INTO THE, UH, HANEY SHED AND SO THAT I'M JUST WRITING AUTHORIZATION TO MARTIN COUNTY TO LET THEM KNOW THAT WE ARE IN AGREEMENT WITH THAT. AND THAT'S ALL I HAVE. THANK YOU. UM WE HAVE AN AGENDA APPROVAL. SO MOVE IT. THERE'S A

[APPROVAL OF AGENDA]

LOT YOU DON'T DID YOU GET THAT JORDAN. COMMISSIONER MCDONALD AND THEN COMMISSIONER MEYER ALL IN FAVOUR. HI. HI. THANK YOU. ALL RIGHT. WE HAVE COMMENTS FROM THE PUBLIC. THREE MINUTES.

[COMMENTS FROM THE PUBLIC (3 Minutes Max.)]

LET ME SEE IF THERE'S ANY ISLAND. IF YOU DO HAVE IT ON AN AGENDA ITEM, AND YOU WANT IT AFTER THE AGENDA ITEM IS DISCUSSED. YOU CAN DECLINE WHEN I CALL YOUR NAME, BUT I'LL BE GOING THROUGH THESE MR WALTER LLOYD. YEAH. DR LLOYD DO YOU NEED MY ADDRESS AND SITS ON? YES, SIR. YES, WE HAVE IT ON HERE. OKAY YES. THANK YOU FOR HEARING US IN GENERAL. YOU MAY HAVE SEEN ME COME IN WITH THE PREVIOUS MEETING IN THE COSTCO ISSUE. BUT I LEARNED A LOT IN THAT PROCESS. SO IN SITTING THROUGH ALL OF THAT I THINK SOME OF THE THINGS THAT I DID LEARN WHERE THE PROCESSES OF THE ANNEXATION AND. THE INFORMATION THAT FLOWS IN THE REPRESENTATION THAT WE HAVE OR DON'T HAVE. I WANTED TO POINT OUT THAT IN THOSE PROCESSES. AS A COUNTY MEMBER, WHEN WE ARE COMING INTO ANNEXATION. WITH ZONING. UNDERSTOOD OR NOT.

PUTTING OUT A P U D THAT WILL MAKE THAT PLAN. THOSE THINGS. I DON'T SEE HOW THEY ARE REALIZED BY THE COUNTY. WHEN THAT ANNEXATION TAKES PLACE. YOU FOLKS ARE MAKING DECISIONS FOR A WHOLE LOT OF PEOPLE. WHERE YOU'RE ANNEXATION. PROTRUDES INTO OUR ENVIRONMENT. AND I WOULD LIKE TO UNDERSTAND OR HAVE YOU. PLAN FOR US HOW WE CAN KNOW BETTER UP FRONT.

WHAT'S GOING TO HAPPEN. AND THEN HOW WE CAN IMPACT. BECAUSE. SAW A DEVELOPER COME IN WITH ALL THE EXPERTISE AND WHEN WE TRIED. TO COME IN, JUST REPRESENTING OUR COMMUNITIES BECAUSE WE WEREN'T EXPERTS. OUR. TESTIMONY ISN'T WAITED LIKE THERE'S SO HOW COULD WE HAVE KNOWN THAT WE SHOULD HAVE BROUGHT IN EXPERTS. WITHOUT JUST COMMON SENSE. MAYBE I'M GUILTY, MAYBE HAVE NO COMMON SENSE IN THIS PROCESS. I WOULD LIKE TO THINK THAT. OUR IMPACT.

WHAT WE SAY WOULD WAY JUST AS MUCH. AND OR WE SHOULD BE DIRECTED TO BRING EXPERTS THAT WOULD WEIGH JUST AS MUCH AS THESE FOLKS. THEY'RE COMING IN FROM OUT OF TOWN IMPACTING OUR LIVES. I THINK WE SHOULD HAVE THAT RIGHT. U S REPRESENTATION FOR US ARE PRETTY MUCH ACTING AND IMPUNITY WITH IMPUNITY BECAUSE WE DON'T VOTE FOR YOU. WE'RE IN THE COUNTY. BEING

[00:25:06]

IMPACTED BY DECISIONS YOU'RE MAKING. BUT WE CAN'T MAKE CHANGES. IF WE DON'T LIKE THE KIND OF DECISIONS YOU MAKE SO PLEASE. WHEN IT COMES TO THIS DECISION, THESE KIND OF DECISIONS FIGURE OUT A WAY THAT WE CAN UNDERSTAND BETTER. A BLUE SIGN IS GREAT. IT DOESN'T GIVE US MUCH TIME FROM THE TIME THAT BLUE SIGN GOES UP TO THE TIME THINGS ARE STEAMROLLING OVER US. WE NEED YOU. WE NEED YOUR REPRESENTATION AT THE COUNTY LEVEL, OR WE NEED A PROCESS WHERE OUR COUNTY REPRESENTATIVES HAVE A SAY IN THE PROCESS. SO THANKS FOR HERE. THANK YOU, SIR. COREY BRIDGET. AMY SORRY. I KIND OF LIKE IT. GOOD EVENING, EVERYONE. I'D LIKE TO. I WON'T. I'M DIRECTING THIS TO YOU BECAUSE YOU MENTION MAGGIE HORTON L A. AND I HAPPEN TO HAVE READ THAT ARTICLE AS WELL AND AS A FAIRLY NEWCOMER TO MARTIN COUNTY. IT WAS OF GREAT INTEREST TO ME. MARTIN COUNTY IS SUPPOSED TO UPDATE THAT EVERY TWO YEARS, AND I THINK I UNDERSTOOD FROM MR MARTEL THAT THE STUART IT'S EVERY FIVE YEARS. I'M WONDERING WHY THAT DISCREPANCY WITH UPDATING THE IMPACT FEES THAT'S NUMBER ONE AND NUMBER TWO. I ATTENDED THE JOINT MEETING LAST WEEK, AND YOU PERKED MY EARS UP WITH YOUR POSSIBLE RESURRECTION OF SALES TAX TO RESIDENTS TO CONSERVE. ALREADY CONSERVED PROPERTY IN MARTIN COUNTY. DON'T THINK THAT BURDEN SHOULD BE ON THE RESIDENTS. I THINK THE BURDEN SHOULD BE ON THE BUILDERS WHO COME IN. AND TRY TO TAKE OUR LANDS THAT ARE ON WETLANDS THAT ARE IMPACTING WILDLIFE. I DON'T THINK THE RESIDENTS SHOULD PAY TO CONSERVE SPACE THAT'S ALREADY CONSERVED THAT THAT'S JUST A GENERAL COMMENT. AND ONE MORE THING. I WISH EVERYONE A HAPPY JULY 4TH. I'M A REAL ANIMAL ADVOCATE. PLEASE TAKE CARE OF YOUR PETS. DON'T LET THEM OUT DURING FIREWORKS. DON'T LET THEM SUFFER. I HAVE PETS AND THEY SUFFER WITH FIREWORKS. AS MUCH AS I LOVE THEM. THEY DON'T SO KEEP YOUR ANIMALS INSIDE AND SAFE. AND HAPPY FOURTH OF JULY. EVERYONE. THANK YOU. THANK YOU, UM GAIL GOLDIE. GOOD EVENING. I JUST WANT TO SAY THAT I WAS HERE AT THE LAST MEETING FOR THE COSTCO AND I WOULD LIKE TO JUST HIT UPON THE WETLANDS ISSUE FOR THAT PROPERTY. AT THE EARLY AT THE TIME OF THE EUROPEAN SETTLEMENT. IT WAS ESTIMATED THAT OVER 200 MILLION ACRES OF WETLANDS EXISTED IN THE UNITED STATES. 1975 WETLANDS WERE ESTIMATED TO BE 99 MILLION ACRES, SO YOU CAN SEE THE HUGE DECREASE AND THAT WAS 1975. SO YOU CAN IMAGINE HOW MANY MORE HAVE BEEN DESTROYED. IT'S VERY, VERY IMPORTANT. AMY MENTIONED THE WILDLIFE AND A LOT OF THE NATIVE. VEGETATION THAT'S THERE THAT SHOULD BE PROTECTED. I UNDERSTAND THERE'S MITIGATION. I KNOW THAT THESE WILL BE THEY'RE TARGETED TO BE MOVED. UM I, FOR ONE JUST CANNOT UNDERSTAND HOW YOU CAN JUST PICK UP SOME PIECE OF WETLAND AND GO STICK IT SOMEWHERE OUT WEST. ON WHATEVER PIECE OF PROPERTY IS DESIGNATED TO, UH, TAKE THESE WETLANDS. THIS IS VERY, VERY IMPORTANT. WE'RE SEEING THAT THE DEMISE OF A LOT OF OUR, UH, TREASURED PROPERTIES OUT HERE WHERE THERE ARE WETLANDS, AND THERE ARE. ANIMALS AND ALL KINDS OF VEGETATION THAT I DON'T WANT TO SEE DESTROYED. AND, UH, MICHAEL. I SEE THAT YOU HAVE QUITE A GRIN ON YOUR FACE. SO I'M HOPING THAT YOU'RE IN QUITE AGREEMENT WITH THIS. YOU KNOW THIS? THIS IS NOT SOMETHING THAT THE RESIDENTS TAKE LIGHTLY. WE'RE VERY, VERY CONCERNED ABOUT WHAT'S GOING ON. UH THIS APARTMENT COMPLEX ALONG WITH COSTCO IS NOT THE ONLY THING THAT'S ON THE DRAWING BOARD THAT'S COMING UP FOR MORE APPROVALS IN THE FUTURE. WE NEED TO SLOW THIS DESTRUCTION AND THIS INCREASE IN ALL OF THIS GOING ON. THANK YOU VERY MUCH. THANK YOU. THANK YOU. DREW SIMILAR T. MHM. STEWART IS CHANGING. AND I'M AFRAID THAT THE UNIQUE QUALITIES THAT DREW US HERE SLOWLY ERODING. FOR THE FIRST TIME THIS YEAR, TRAFFIC DID NOT

[00:30:01]

NOTICEABLY REDUCE WHEN THE SNOWBIRDS WENT HOME. AND AS I DRIVE DOWN FEDERAL AND CANTOR HIGHWAYS, NEARLY EVERY PIECE OF UNDEVELOPED LAND IS FOR SALE SALE PENDING OR SOLD. SADLY OUR MARKET IS NO LONGER LOCALLY DRIVEN. OUT OF STATE DEVELOPERS HAVE FOUND STUART. AND THEY DON'T NECESSARILY HAVE OUR BEST INTERESTS AT HEART. THE WORST EVIDENCE OF THIS IS THE 398 MULTI FAMILY APARTMENTS RETAIL RESTAURANT COMPLEX PROPOSED FOR DEVELOPMENT BETWEEN CANADA AND WILLOUGHBY. NEAR THE HIGH SCHOOL. WHICH LAST BUT NOT LEAST, INCLUDES 18 GAS PUMPS AND THE ULTIMATE BIG BOX STORES. COSTCO. WHILE BIG BOX STORES ARE GOOD ON PAPER. IN REALITY, THEY GENERATE FAR LESS TAX REVENUE THAN ANTICIPATED. AND THEY CREATE FAR MORE TRAFFIC AND HEADACHES FOR THE LOCAL COMMUNITY. WITH SUCH A GLUT OF VACANT SPACE ALL AROUND US EVERY PLAZA. I BELIEVE IT'S IN STUART'S BEST INTEREST FOR THIS COMMISSION TO CONSIDER A TEMPORARY MORATORIUM ON ALL NEW DEVELOPMENT. IN LIEU OF NEW DEVELOPMENT. MARTIN COUNTY SHOULD PRIORITIZE THE FILLING OF EXISTING SPACES, MUCH OF WHICH WAS CREATED BY THE COVID CRISIS. UTILIZING ECONOMIC RESTRUCTURING. AND CREATIVE, ADAPTIVE REUSE TECHNIQUES. TO THIS END INSTEAD OF BUILDING A NEW COSTCO. COSTCO SHOULD BE ENCOURAGED AND INCENTIVIZED TO RENOVATE AT THE EMPTY SEARS SPACE AT THE TREASURE COAST. SMALL. SUCH A MOVE WOULD KEEP COSTCO AND MARTIN COUNTY. BUT INAPPROPRIATE, NON DETRIMENTAL LOCATION. IT WOULD RESTORE A MUCH NEEDED ANCHOR TO THE MALL GENERATING FOOT TRAFFIC, REVITALIZATION AND MOMENTUM.

EXAMPLE, PARKING. TRAFFIC LIGHTS AND TURNING LANES ARE ALREADY IN PLACE AND ROADS ARE EQUIPPED TO HANDLE HEAVY TRUCK TRAFFIC AS WELL AS HANDLE MULTIPLE DAILY DELIVERIES.

UNLIKE A LOCATION SO CLOSE TO WHERE KIDS WALK TO SCHOOL. YOU KNOW AS WELL AS I DO ALL DEVELOPMENT ISN'T GOOD DEVELOPMENT. AND THE FUTURE OF STEWARDESS IN YOUR HANDS. I TRULY HOPE YOU WILL CONSIDER ENACTING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT. AND INSTEAD PRIORITIZE THE FILLING AND RENOVATION OF EXISTING COMMERCIAL SPACES UNTIL SUCH TIME MARTIN COUNTY IS RESTORED TO ITS PRE COVID STATE. I ALSO HOPE THAT FIRST AND FOREMOST, YOU WILL VALUE THE QUALITY OF LIFE OF EXISTING RESIDENTS OVER THE PLANS AND SCHEMES OF OUT OF TOWN DEVELOPERS. THANK YOU FOR YOUR TIME AND CONSIDERATION. THANK YOU. MS LINDA K.

RICHARDS. GOOD EVENING. SO HERE WE ARE. BACK FROM THE STATE. IT'S BACK DOWN TO THE FIVE OF YOU DECIDING WHAT'S GOING TO HAPPEN TO THIS 50 ACRES OF LAND. NOT AN EXPERT, AND WE KNOW THAT, BUT I KNOW THIS LAND, SO I WANT TO TALK TO YOU ABOUT IT FROM A FIRST HAND PERSPECTIVE. I'VE BEEN ALL OVER THAT LAND BY FOOT ON DIRT BIKES ON GOLF CARTS FROM SWAMP BUDDIES BUGGIES ON FOUR BY FOURS ON FOOT HORSEBACK. ARE LOW AND THEY'RE WET. THE LANDS MANAGED A LOT OF WATER DURING OUR RAINY SEASON. LET THEIR HOME TO GO FOR TORTOISES, LITTLE BLUE HERONS, GREAT EGRESS, RED SHOULDERED HAWKS, WOOD, DUCKS AND COUNTLESS OTHER WILDLIFE. BUT WAIT, WE HAVE AN ENVIRONMENTAL STUDY, YOU SAY BY AN EXPERT. ENVIRONMENTAL CONSULTANT HIRED BY THE APPLICANT PAID FOR BY THE APPLICANT TW CONSULTANTS. I'D LIKE TO REMIND YOU AND INFORM YOU THAT YOU MIGHT NOT KNOW THAT HE D BE CONSULTANTS DID THE ENVIRONMENTAL REPORT FOR BRIDGEVIEW. IT WAS FOUND OUT THAT THEY COMPLETELY DISREGARDED, PROTECTED AND THREATENED WILDLIFE. THE PROJECT HAS ALREADY BEEN APPROVED, SO IT WAS QUITE QUIETLY SWEPT UNDER THE RUG. AS YOU KNOW, FROM MY LETTER TWO WEEKS AGO, WE HAVE FOUND AND DOCUMENTED THREATENED AND PROTECTED PLANT SPECIES IN THE, UH, PLANNED SCRUBS. WE ALSO OBSERVED WAITING BIRDS LIKE THE GREAT EGRET AND LITTLE BLUE HURT PARENT FORAGING IN THE WETLANDS. YOU READ THIS REPORT. IT SAYS THINGS LIKE DISTURBED WETLANDS, AN INVASIVE, NON NATIVE VEGETATION. ABSOLUTELY NOTHING WE'RE SAVING. THIS REPORT MAKES YOU FEEL OKAY TO GIVE IT AN APPROVAL. IT MAKES YOU FEEL OKAY THAT THEY COME IN CLEAR CUT EVERY LAST TREE ON THE PROPERTY. IT MAKES YOU FEEL THIS IMPACTED WHEN EIGHT DISTINCT WETLANDS ARE DESTROYED. IT MAKES YOU FEEL OKAY WITH DISPLACING HUNDREDS OF GO FOR TORTOISES, TAKING AWAY THE FORAGING GROUNDS OF THE LITTLE BLUE HERON, ANOTHER WAITING BIRDS. THE TREES WERE THE RED SHOULDERED HAWKS NEST IN THE MEADOWS, WHERE THEY PICK UP A FIELD MOUSE FOR DINNER. REPORT BY AN EXPERT MAKES YOU FEEL OKAY, BECAUSE IT'S WEBSTER BEARD AND INVASIVE. THIS PIECE OF LAND IS SPECIAL, AND IT'S THE LAST OF ITS KIND, AND

[00:35:03]

STEWART AND I WILL CONTINUE TO REITERATE THIS LAND WAS DESIGNATED LOW DENSITY RESIDENTIAL AND TO TURN AROUND AND APPROVE SOMETHING SO DRASTICALLY. SO MUCH DRASTICALLY MORE IS DOWNRIGHT UNETHICAL. IT'S NOT JUST THE COSTCO OR JUST THE HIGH DENSITY APARTMENT COMPLEX. IT'S THE ENTIRE P U. D THAT BASTARDIZE IS THE INTENT OF THE BEAUTY.

LASTLY AGAIN, I'M NO EXPERT. BUT IF YOU BELIEVE CLEAR, CUTTING 50 ACRES, DESTROYING ALL THE WETLANDS AND COVERING 75% OF IT WITH CONCRETE WILL RESULT IN BETTER STORMWATER MANAGEMENT. WE HAVE TRULY LOST SIGHT OF WHAT MOTHER NATURE INTENDED. THERE'S SO MUCH MORE VALUE IN THIS LAND TO THE CITY THAN WHAT THIS DEVELOPMENT IS OFFERING. NO, THERE'S A STRONG DRIVE TO HAVE COSTCO IN STUART, BUT TO ALLOW THIS DEVELOPER FROM NEW JERSEY TO TAKE SOME OF THE LAST INDIVIDUAL DEVELOPED LANZA STEWART AND PRODUCE SUCH A MANTRA MONSTROSITY OF A DEVELOPMENT JUST FOR THE SAKE OF HAVING A COSTCO IN OUR TOWN. UNETHICAL AND INEXCUSABLE. AND IT WILL BE YOUR LEGACY THAT YOU WILL HAVE TO LIVE WITH. I KNOW THE FACT THAT I WILL KNOW THAT I HAVE DONE EVERYTHING IN BUYING POSSIBILITY TO KEEP STEWART, A QUAINT SEASIDE TOWN.

IT COMES DOWN TO THE FIVE OF YOU. TO MAKE A DECISION THAT'S GOING TO OUTLIVE ALL OF US.

THANK YOU. YEAH. MS SARAH MANKER. THERE. THANK YOU FOR HAVING ME. UM THIS EVENING DIRECTLY INTO THE MICRO PARTICULAR THIS EVENING I WAS GOING TO DELVE INTO DEBUNKING THE WHOLE COSTCO BEING THE. SIGH OF CONSCIENTIOUS CONSUMERISM AND THAT THEIR ETHICAL EMPLOYERS BECAUSE THEY HAVE SPENT 53 A QUARTER MILLION DOLLARS UNEMPLOYMENT RELATED OFFENSES. I DON'T KNOW IF ANY OF YOU HAVE RESEARCH THAT, BUT. THEY HAVE REPEATED OFFENSIVE AND IN LOCAL OFFENSES, ACTUALLY, THEY RECENTLY SPENT $750 SPENT $750,000 TO A WOMAN WHO WORKED 24 YEARS FOR THEM. HER ENDING PAY WAS $20 AN HOUR. WHAT I REALLY WANT TO GET INTO IS THE PLAN BECAUSE I FEEL LIKE THIS WAS NOT LOOKED OVER BY. PEOPLE THAT NEEDED TO LOOK OVER IT.

UM, THE ARCHITECTURE FIRM THAT YOU'RE USING FORM ARCHITECTURE I'M FAMILIAR WITH. I'VE BEEN IN THEIR BUILDINGS BEFORE. IN TALLAHASSEE. THERE ARE THREE PAGES IN THE LEON COUNTY COURT RECORDS. OF LAWSUITS WITH THIS ONE ARCHITECTURE, THIS ONE COMPLEX THAT THEY BUILT. THEY HAVE BEEN SUED MULTIPLE TIMES FOR NEGLIGENCE AND NOT COMPLYING WITH CODES. AND IN LIGHT OF THESE RECENT EVENTS, I THINK THIS IS OF THE UTMOST IMPORTANCE TO BE ACKNOWLEDGING I MYSELF HAVE BEEN HOMELESS TWICE BECAUSE OF ILLEGAL CONSTRUCTION. AND I WENT OVER.

TO IS ONE COMPLEX BECAUSE MY FRIEND NEEDED ME TO REMOVE THEIR STUFF FROM THEIR APARTMENT BECAUSE IT WAS RAINING INSIDE. THEY BUILT IT. THEY MOVED ALL THE STUDENTS IN BEFORE THEY WERE DONE CONSTRUCTING, AND THE ALARM SYSTEM KEPT GOING OFF WITH THE SPRINKLERS. THE STATE OF FLORIDA. AND THE TALLAHASSEE POLICE DEPARTMENT HAD OVER 17 FALSE ALARMS WHERE THEY WENT THERE AND HOW TO USE THEIR RESOURCES. TO DEAL WITH THIS, AND THEY ACTUALLY HAVE BROUGHT FORM. TALLAHASSEE. AS A DEFENDANT IN MULTIPLE CIRCUMSTANCES FOR THIS NEGLIGENCE. SO I REALLY FEEL LIKE YOU HAVE RUSHED THIS.

YOU'RE NOT LOOKING AT THE FULL BIG PICTURE. IT'S THE ENVIRONMENT, SO THE CITIZENS WHO ALREADY EXIST HERE, BUT THINK ABOUT THE NEW PEOPLE WHO ARE COMING IN, UM. THIS IS UPSCALE APARTMENT THAT THEY CHARGE FOR, BUT THEY DESERVE SOUND HOUSING. AND IF YOU'RE GOING TO PUT IN THIS MUCH HOUSING, IT NEEDS TO BE SOUND AND HABITABLE. THAT'S ALL I HAVE TO SAY. I'VE DONE HOURS AND HOURS OF RESEARCH ON THIS, AND I HOPE THAT YOU ALL TAKE MORE INTO CONSIDERATION BECAUSE I DON'T FEEL LIKE THAT'S HAPPENED. THANK YOU SO MUCH.

KAREN HALL. GOOD EVENING. THANK KAREN HALL, 17 ON ONE SOUTH WEST PALM CITY ROAD. THANK YOU FOR YOUR SERVICE. I WASN'T GOING TO SPEAK TONIGHT. IT WAS JUST GOING TO BE A SPECTATOR.

HOWEVER MY FRIEND, OUR CITY ATTORNEY SAID SOMETHING AND IT'S NOT TRUE. SO I HAVE TO CORRECT THAT AND ALSO MAKE A POINT OF THE ADMINISTRATION. WHERE IS THE OVERSIGHT? OKAY, BECAUSE I'VE BEEN DOING THIS FOR OVER 10 YEARS AND WHEN YOU HAVE NO OVERSIGHT OVER THE ADMINISTRATION, THEN YOU HAVE THINGS LIKE THIS HAPPEN. HERE'S THE DEAL. YOU SHOULD HAVE A SPECIAL COMMITTEE MEETING BECAUSE YOU DO HAVE AN OPEN CASE. 16 484 IF YOU GO ON THE DOCKET, SAYS IT'S OPEN. MY FRIEND MIKE WANTS TO PRETEND IT'S NOT AND I DON'T BLAME HIM.

IT IS OPEN. THERE NEEDS TO BE A HEARING SET. THERE'S A ALL KINDS OF EVIDENCE THERE THAT SHOWS THAT, THE DEPUTY CLERK SAID SET THE HEARING. SET THE HEARING FOR OUR SET YOUR MOTION

[00:40:06]

FOR HEARING AND MR MORTAL. HE DOESN'T WANT TO DO IT. HE DOESN'T WANT YOU GUYS TO EVEN KNOW THE CASE IS OPEN. NOW THAT INFURIATES ME. WE ARE PAYING YOU. TO BE HONEST. NOW YOU HAVE AN OPEN CASE, HAVE A BEATING AND SETTLE THIS. TIRED OF IT. CORRUPTION WHITE COLLAR CRIME, NOT IN MY TOWN. THANK YOU. IS THERE ANYONE WHO NEEDS TO SPEAK FOR THREE MINUTES MAXIMUM, WHO HAS NOT PRODUCED A CARD AND WHO WOULD LIKE TO SPEAK ON OPEN TO THE PUBLIC? IS THERE A GREEN CARD OVER THERE? YES, MR BRINKLEY COME FORWARD. MHM. OVERHEARD SOMETHING AND I CAME IN LATE. HEARD. CITY MANAGER. YOU WERE SPEAKING ON THE PROJECT AND E. STEWART THE HOUSING PROJECT. AND YOU SAID THAT, UM. SOMEONE WOULD BE WORKING TOWARDS I'M TRYING TO REMEMBER YOUR EXACT WORDING. NOW I WROTE IT DOWN, BUT I LEFT MY PAPER IN THE BACK. BUT IS THERE COMMITTED IS GOING TO BE WORKING ON THAT DEVELOPMENT PROJECT. OR. HE'S LIKE AN ANSWER THE LAND USE FOR THE CHURCH GROCERY? YES, THAT'S IT. YEAH, SO THEY'RE ONE OF THE PREVIOUS MEETINGS OF THE HOUSING AFFORDABILITY MEETING, THE MAYOR TALKED ABOUT SOME ZONING STUFF. AND YOU, STUART. SO THE TREASURE COAST REGIONAL PLANNING COUNCIL, UM, HAS REACHED OUT TO US, AND WE'VE BEEN TALKING WITH THEM ABOUT THEM, BEGINNING INVOLVED IN BEING THE CATALYST BETWEEN THE COMMUNITY IN THE CITY TO TRY TO MOVE THOSE ITEMS FORWARD SO THEY WOULD BE THE ONES. IF IT TURNS OUT THAT WE GO INTO CONTRACT WITH THEM, THEY WOULD BE THE ONES WHO WOULD COME TO THE COMMUNITY AND TALK TO THEM ABOUT THE HOUSING AND THEY'RE THE ONES WHO DID THE PREVIOUS CHARETTE OVER THERE SEVERAL MANY YEARS AGO. OKAY, SO THEY WILL BE LIKE THE HEAD. IF I UNDERSTAND IT RIGHT? THEY WOULD BE THE. HAD SOME OF THAT ORGANIZATION AND TAKE SORT OF LIKE TAKING CONTROL AND TALKING WITH THE CITIZENS TO DECIDE WHAT'S GOING ON. I JUST NEEDED TO UNDERSTAND THAT BECAUSE, LIKE I SAID, CAME IN ON THE TAIL END OF IT. AND I JUST CAUGHT, YOU KNOW WHEN YOU SAY E. STEWART WOULD BE LIKE MY EARS PERK UP BECAUSE I WANT TO KNOW WHAT'S GOING ON IN MY HOOD. THANK YOU, MA'AM. ANY OTHER COMMENTS? UM UH, AT THIS POINT. THANK YOU. LET'S MOVE ON TO THE. CONSENT CALENDAR MOVE

[CONSENT CALENDAR]

FOR APPROVAL. SECOND. IS A MOTION AND A SECOND FOR APPROVAL OF THE UM, CONSTANT CALENDAR. ALL IN FAVOR. ALL RIGHT. THERE'S MONEY A REAL CALL. THERE'S MONEY. OTHERS WON T THERE. OKAY SORRY, DEAR. I PUBLIC COMMENT. OKAY, SO, UM, LET'S HAVE. YEAH, I WANT TO GET SOME COOKING. YES, OKAY. SO, UM, ANY PUBLIC COMMENTS ON ITEMS 123. FOUR AND FIVE, WHICH ARE LISTED IN THE CONSENT CALENDAR. YOU HAVE CONCERNS AGENDAS AVAILABLE OUTSIDE YOU CAN LOOK AT THOSE ITEMS. CLERK. COMMISSIONER BRUNER YES. COMMISSIONER MCDONALD COMMISSIONER MEYER. YES. VICE MAYOR MATHESON. YES, MAYOR CLARKE. YES, THANK YOU. THE END OF THE CONSENT CALENDAR. UM. WE'RE AT COMMISSION ACTION ITEM NUMBER SIX HAD A MIRROR. I'LL

[6.  

APPOINT VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES (RC)

 

]

MOVE TO A POINT. COMMISSIONER MEYER IS OUR DELEGATES AND THESE ARE REGIONAL LEADERS.

CITIES, UH, APPOINTING SECOND. OKAY. THANK YOU. YOU'RE GOING TO THE, UM ASSUMING YOU'RE GOING TO THE CONFERENCE? YEAH, I'M ON A POLICY COMMITTEE. SO I'M AT ALL OF THE PRE MEETINGS AND THE CONFERENCE AND THE FOLLOW UP CONFERENCE. THANK YOU. YES THERE'S A MOTION BY COMMISSIONER MCDONALD. SECOND BY COMMISSIONER BRUNER. TO APPOINT A COMMISSIONER MEYER TO ATTEND AS A DELEGATE TO THE FLORIDA LEAGUE OF CITIES. ARE THERE ANY PUBLIC COMMENTS ON THIS MATTER? CLERK. WOULD YOU PLEASE CALL THE ROLL? COMMISSIONER MCDONALD COMMISSIONER BRUNER YES. COMMISSIONER MEYER YES, VICE MAYOR MATHESON. YES, MAYOR CLERK. YES. THANK YOU. THANK YOU. THANK YOU. REPRESENT US. THANK YOU FOR. ITEM NUMBER

[7.  

URGING THE U.S. DEPARTMENT OF INTERIOR TO RESTORE THE 'ENDANGERED' STATUS FOR THE WEST INDIAN MANATEE (RC):

 

RESOLUTION No. 65-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, URGING THE UNITED STATES DEPARTMENT OF THE INTERIOR AND THE FISH AND WILDLIFE SERVICE TO RESTORE THE ‘ENDANGERED’ PROTECTION STATUS OF THE WEST INDIAN MANATEE UNDER THE ENDANGERED SPECIES ACT; FURTHER REQUESTING A RULE REVISION TO THE CRITICAL HABITAT FOR THE FLORIDA MANATEE TO INCLUDE THE SAINT LUCIE RIVER AND ESTUARY; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

 

]

SEVEN IS URGING THE UNITED STATES DEPARTMENT OF THE INTERIOR TO RESTORE THE

[00:45:03]

ENDANGERED STATUS FOR THE WEST INDIAN MANATEE RESOLUTION NUMBER 65 2021 CITY ATTORNEY.

RESOLUTION 65 2021 OF RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, URGING THE UNITED STATES DEPARTMENT OF THE INTERIOR AND THE FISH AND WILDLIFE SERVICE TO RESTORE THE ENDANGERED PROTECTION STATUS OF THE WEST INDIAN MANATEE. UNDER THE ENDANGERED SPECIES ACT. OTHER REQUESTING A RULE REVISION TO THE CRITICAL HABITAT FOR THE FLORIDA MANATEE TO INCLUDE THE ST LUCIE RIVER AND ESTUARY, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THANK YOU, SIR. UM. WE HAVE ANY, UH, DISCUSSION FROM STAFF OR ANY WHAT WE HAVE IN HERE. UH I'D LIKE TO THANK MR HOGARTH FOR WORKING WITH ME ON DRAFTING THIS RESOLUTION, YOU KNOW? IN HALF A YEAR. 10% LOSS OF THE POPULATION. SIX.

IT'S JUST VERY SIGNIFICANT WHEN YOU TALK ABOUT THE SPECIES THAT. REPRODUCES AT THE SPEED THAT THE MAN AND HE DOES, UM AND. WE CAN'T STRESS ENOUGH. HOW IMPORTANT IT WOULD BE. HAVE THE FEDERAL GOVERNMENT RECOGNIZED THE ST LUCIE RIVER AS PART OF THEIR CRITICAL HABITAT. I BELIEVE IT IS. ISN'T COMMISSIONER, VICE MAYOR YOU KNOW, WE'VE HAD BOATING ACCIDENTS AND WE'VE HAD INCIDENTS. HUMANITIES HAVE BEEN SCARRED AND HURT. WHAT THIS IS.

I CALLED IT A CLIMATE CHANGE. I CALL IT THE ENVIRONMENTAL CHANGE. IN OUR LAGOON AREA, AND, UM, THIS IS REALLY SOMETHING THAT WE NEED TO GET THE PROPER FUNDED AND INVESTIGATION TO, UM. HELP OUR WILDLIFE. SO I DO AGREE WITH SUCH ANY OTHER COMMENTS FROM OUR COMMISSIONERS. AND THEN. GO ON YOUR COMMENTS OR. WHY DON'T YOU MAKE THE MOTION I'LL MAKE A MOTION TO PROVE RESOLUTION 65-20 SECONDS. HAS BEEN EMOTION AND THE SECOND AND IT COMMENTS FROM THE PUBLIC. AND MAY I JUST SAY THANKS TO VICE MAYOR MATHESON FOR TAKING THE CHARGE ON THIS AND THAT'S IT. FEELS LIKE WE'RE KIND OF AT THE TIP OF THE SPEAR AGAIN. I KNOW. YOU KNOW THE RIVER KIDS HAD, UH, THAT EVENT AND BUT EVER SINCE YOU BROUGHT IT UP AFTER THAT, I'VE JUST BEEN SEEING IT EVERYWHERE IN THE NEWS, AND SO WELL, I KNOW WE'RE TAKING A POSITION. THIS ISN'T HOW. STUFF GETS LISTED ON THE ENDANGERED SPECIES LIST. MORE REALISTIC? UM BUT I MUNICIPALITY OH, SUPPORTING IT OR BEING ON THE TIP OF THE SPEAR AND CAUSING THE ALARM ASKING FOR FURTHER STUDIES, YOU KNOW? CERTAINLY HELPS, AND THAT'S THE INTENT OF THIS RESOLUTION. SO THANK YOU. FOR THE SUPPORT. THE COMMENTS AND OCCURRENCE FROM THE PUBLIC.

COMMISSIONER BRUNER YES, VICE MAYOR MATHESON. YES COMMISSIONER. MCDONALD. YES, COMMISSIONER MEYER? YES MAYOR CLARKE. YES THERE'S THAT RANDOMIZED LIST. UM. THERE'S NO AUDIENCE FOR SECOND READING SAID TONIGHT, BUT WE HAVE SOME MATTERS FOR FIRST READING. WAYS

[8.  

AMENDING QUASI-JUDICIAL PROCEEDINGS (RC):

 

ORDINANCE No. 2467-2021; AN ORDINANCE OF THE CITY OF STUART AMENDING ARTICLE XI; SECTION 11.03.00 - QUASI-JUDICIAL PROCEEDINGS; PROVIDING FOR A SEVERABILITY CLAUSE AND A CONFLICTS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

 

]

I JUDICIAL MATTERS AND ACTUALLY DEALING WITH QUIZ I JUDICIAL MATTERS. SO, UM. AMENDING THAT THE PROCEEDINGS MR MARTEL, COULD YOU PLEASE READ? ORDINANCE TITLE AND THEN FURTHER DISCUSS THIS MATTER UNLESS GROWTH MANAGEMENT JUST GOING TO BE THE ONE. THANK YOU.

I'M HAPPY TO UM THIS IS, UH. ORDINANCE NUMBER 24 67 2021, WHICH IS NORTH INTO THE CITY OF STEWART. AMENDING ARTICLE 11 SECTION 11.3 POINT 00 TITLED QUASI JUDICIAL PROCEEDINGS PROVIDING FOR SEVERABILITY CLAUSE. CONFLICTS CAUSE AND PROVIDING FOR AN EFFECTIVE DATA FOR OTHER PURPOSES. ESSENTIALLY, UM. OUR CODE HAD LANGUAGE AND IT AS IT RELATES TO A QUASI JUDICIAL PROCEEDING. ALL FIVE OF THE COMMISSIONERS AT A MEETING FOLLOWING THE CANTOR HIGHWAY P U D HAD TALKED ABOUT MAKING REVISIONS TO THAT PROCEEDING. AND, UM WE PRESENT TO YOU TODAY, A. LIKE COULD YOU SPEAK IN YOUR MICROPHONE? A LITTLE BIT? UM, THE AMENDED, UH, PROPOSED A MINUTE ORDER. FOR WHATEVER REASON, JUST SO YOU KNOW, AS I'M LOOKING AT IT ON THE AGENDA, I ACTUALLY HAD IT IN RED LINE AND MARKED UP AND IT DIDN'T. TRANSFERRING THE

[00:50:01]

AGENDA. I DON'T KNOW IF YOURS ALL DID OR NOT KNOW I HAD TO PULL UP MUNICH CODE TO SEE WHAT WAS CURRENT, AND I DON'T KNOW WHY THAT'S THE CASE BECAUSE I UPLOADED IT AS LIKE IF I PULL IT UP IN WORD ON MY DESK, IT'S LIKE. RED INK AND LINES THROUGH THE STUFF FAMILIAR IS A SPECIAL WAY YOU GOT TO DO THAT. I'LL SAY OKAY, BECAUSE IT'S NOT. IT DIDN'T TRANSFER L FOUR. SO AS I'M LOOKING AT IT, I MEAN, THERE ARE SOME THAT ARE UNDERLINED IN SOME, THAT'S ADDED, BUT IT'S NOT. ALL THERE I CAN FOR THE SECOND READING. I'LL BE SURE AND HAVE THE.

REDLINED VERSION ADOPTED IN IT. MADAM MAYOR, I'LL MAKE A MOTION TO APPROVE. I HAVE A COUPLE DISCUSSION POINTS BUT WOULD SECOND I HAD SOME EDITS AND PERHAPS. NO, IT'S REARRANGING IT DOESN'T CHANGE THE SUBSTANCE. OKAY. ALL RIGHT. OKAY, SO THERE'S THE MOTION AND SICK AND. I HAVE SOME COMMENTS ENJOY. WAIT UNTIL LAST BECAUSE EVERYBODY MAKES ALL THE GOOD COMMENTS, BUT THAT WAS I'LL LET YOU GO CENSOR. WHAT? NO, NO, ACTUALLY I MEAN, THE IDEA OF INCLUDING ALL THE ITEMS THAT ARE ON THIS SHEET AND AGAIN BECAUSE I DIDN'T SEE THE DETAILED MARK UP WITH THE RED LINE IN ONE OF THE THINGS THAT I WANTED TO DISCUSS WITH OUR BOARD TONIGHT. IS THAT WHEN WE HAVE THE COST SCHOOL HERE IN WHICH LASTED SO LONG WAS BECAUSE EVEN THOUGH UM, I THINK MAYBE PEOPLE'S VIEWS MIGHT BE DIFFERENT. THE INTERVENER AS WELL AS THE PRESENTER. I THINK THEY GOT AMPLE TIME AND MORE THAN AMPLE TIME AND THAT TOOK UP A LOT OF THINGS, AND I THINK I'D LIKE TO SEE A FORMAT. AND I ASKED THE MANAGER TO LOOK AT WHAT WEST PALM BEACH DIDN'T WANT THE BORDER COUNTY COMMISSIONERS DID BECAUSE I THINK THE BOARD OF COUNTY COMMISSIONERS I THINK I'VE READ THIS BEFORE, BUT I HAVEN'T READ IT RECENTLY THAT THEY ACTUALLY GIVE LIKE A 45 MINUTE TIMEFRAME. I THINK ONE OF THE L P A AND AT THE COMMISSION MEETING FOR THE PRESENTER, THE PLAINTIFF AS WELL AS AN INTERVENER TO PRESENT THEIR CASE AND THEN HAVE THEIR REBUTTAL. AND THEN THAT WOULD BRING THE PUBLIC IN. AT AN EARLIER STAGE. I THINK WE WENT ON EXHAUSTIVELY BECAUSE WE HAD THE, UM, DISCUSSION FROM COMMISSIONERS IN BETWEEN SOME OF THE PRESENTATIONS AND I KNOW THAT SOMETIMES WHEN YOU HAVE A DEVELOPER WHOM COMES IN. YOU MAY HAVE A TRAFFIC ENGINEER WHO MAY HAVE SEVERE ENVIRONMENTAL ISSUES THAT NEED TO BE PRESENTED BY SPECIALISTS, ENVIRONMENTAL PERSON OR WATER RESOURCES ISSUES. AND SO ALL OF THOSE SPECIALTIES, MAYBE ASK ON TO DO THEIR OWN PRESENTATION, BUT I STILL THINK THAT THEY CAN GET IT AS. LUCID AND AS BRIEF AS POSSIBLE IN A CERTAIN TIME FRAME, EVEN JUST AN HOUR EACH FOR THEM TO GET THINGS OUT.

THEY'LL HAVE TIME TO REPORT AND THEN THEY'LL HAVE TIME TO COMBAT BUT I THINK IT NEEDS TO BE A REASONABLE TIME WHEN THE PUBLIC CAN BE EXPECTED. THAT THIS IS GOING TO BE PRESENTED, AND THEN THEY'LL HAVE TIME AND NOT WAIT FOR THREE OR FOUR HOURS LATER. SO THAT'S THE ONLY THING THAT I DIDN'T SEE A TIMEFRAME AND HERE, BUT I KNOW THAT OTHER PEOPLE ARE GOING TO HAVE COMMENTS. BUT I THINK THAT THE. THE NEW FORMAT DOES GIVE A GREAT DEAL OF GUIDANCE AND SPECIFICALLY, INCLUDING WHAT WE ACTUALLY DO, UH, IN THERE IS ALSO IMPORTANT BECAUSE I THINK ONE OF OUR SPEAKERS TONIGHT MENTIONED SOMETHING MUST HAVE MR LOI. MR LLOYD MENTIONED SOMETHING ABOUT MAKING SURE THAT WE PEOPLE KNOW HOW TO APPROACH US AND WHAT TO DO AND HOW TO PREPARE, AND THIS IS ONE OF THOSE THINGS THAT WILL GIVE THEM SOME GUIDELINES. BECAUSE THEY'LL KNOW EXACTLY WHAT WE'RE ASKING FOR. OF COURSE, WE HAVE SOME MORE DETAILS IN HERE THAT ABOUT WHAT WE NEED TO DO, AND WE DECLARE WHEN WE HAVE SPOKEN TO PEOPLE, BUT I'M GOING TO LEAVE IT TO ALL THE FOLKS WHO LIKE TO GOING TO VERY DETAIL LIKE COMMISSIONER MEDICINE, SO LETS THE COMMISSIONER MICHAEL FIRST I CAN IF I CAN QUICKLY CHECK COMING ON THE TIME BEING WEAK. WE KIND OF REVIEWED THAT WHEN WE WERE PUTTING THIS TOGETHER AND. GIVE AN EXAMPLE IF SOMEBODY WERE TO COME FORWARD RIGHT NOW, WITH A P U D RELATED TO THE PROPERTY THAT'S ON US ONE THAT USED TO BE THE OLD SPS PROPERTY. DOWN ON SOUTH US ONE. IT HAS NO TREES. IT HAS NO WETLANDS. IT'S ON THE ADJACENT SIDE OF US ONE. IT'S AN ADJACENT TO AN INDUSTRIAL PARK. IT'S NOT ON THE WATER AND THEN TO COMPARE THAT TO SAY THE COSTCO SITE. THAT HAS TREES AND WETLANDS AND STORM WATER AND TO SAY THAT THE APPLICANT FOR A P U D RELATED TO THE SPS SITE SHOULD HAVE THE EXACT SAME AMOUNT OF TIME TO PRESENT THEIR CASE AS THE PERSON RELATED TO THE COUNTER HIGHWAY. IT JUST WOULD BE IMPOSSIBLE AND UNFAIR TO TREAT. EACH THING IS AS THE SAME CONCEPT. AND SO WHAT WE THOUGHT IS IF THE BOARD FELT THE NEED TO APPLY A TIMELINE ON A CASE BY CASE BASIS, THEY'RE FREE TO DO THAT AT THE MEETINGS AS THEY ARISE. IN ADDITION, I

[00:55:07]

WAS ON THE L P A IN 1994. SO I'VE BEEN COMING TO THESE MEETINGS SINCE THE EARLY NINETIES AND. I CAN THINK OF ONE MEETING THAT LASTED PAST MIDNIGHT SINCE 1994 SO WE DIDN'T THINK THAT THE COSTCO MEETING WAS A RECURRING PROBLEM. IT JUST SIMPLY. LOT OF PEOPLE ARE INVOLVED. THERE WAS A LOT OF ISSUES THAT TOOK A LONG TIME AND OUR PERSPECTIVE ON THAT. WAS IF IT'S GOING TO TAKE A LONG, LONG TIME. LET'S JUST SET IT ASIDE AND RATHER THAN GIVING TIMEFRAMES I'D RATHER TELL PEOPLE AT THE BEGINNING OF THE MEETING. LOOK WE PROJECT THIS MEETING TO LAST SEVEN HOURS. WE'RE GOING TO CUT IT OFF TONIGHT AT 10 O'CLOCK.

WE'RE GOING TO PICK IT BACK UP AT THE NEXT AVAILABLE TIME, AND WE MAY NOT GET TO WHATEVER WE GET TWO OR SOMETHING TO THAT NATURE, RATHER THAN RESTRICTING SOMEONE FROM PRESENTING EVIDENCE THAT. THE BOARD MIGHT THINK IS AN INHERENTLY IMPORTANT. THAT'S FINE. I JUST STARTED THE BALL. MR MEYER. THANK YOU, MADAM MAYOR. UM, I TEND TO AGREE. I THINK IF WE WERE TO SET A TIME LIMIT, UM I THINK THAT COULD. I THINK THAT COULD BE ARBITRARY. I THINK THERE ARE CASES LIKE THE CANDIDATE C P U D THAT. REQUIRE I WANT US TO BE ABLE TO HAVE PLENTY OF TIME FOR BOTH THE PETITIONER AND AN INTERVENER TO MAKE A FULL CASE. UM AND DO CROSS EXAMINATION AND ASK EACH OTHER QUESTIONS. I THINK. FROM MY PERSPECTIVE, WHAT CAUSED.

THE THING TO RUN ON AS LONG AS IT DID WAS WE GOT INVOLVED. I KNOW I WAS GUILTY OF THAT AND ASKED MANY QUESTIONS, WHICH SHOULD HAVE BEEN RESERVED FOR DELIBERATION. SO I SEE THIS BEING. THE DELIBERATION IS MUCH MORE CLEARLY DEFINED, AND THAT PUBLIC COMMENT COMES BEFORE DELIBERATION. SO I THINK SETTING A TIME LIMIT IS NOT WISE. I THINK IT MIGHT ACTUALLY HARM THE PROCESS OF US GETTING. OF PETITIONER AN INTERVENER TO BE ABLE TO MAKE THEIR FULL CASE AND FOR US TO UNDERSTAND BEST AND THEN, UM, HAVE THE PUBLIC MAY COMMENT. YOU KNOW, BEFORE WE GET TO START. ASKING QUESTIONS. UM, MY MAIN. NOT CONCERNED, BUT QUESTION IS WE? WE VERY CLEARLY DEFINED INTERVENER IN THIS PROPOSED EDIT. UM AND I KNOW WE HAD DISCUSSED BEFORE, JUST KIND OF AS A MATTER OF POLICY THAT OR TRADITION THAT. PERHAPS IN THE PAST, SOME FOLKS HAVE FILED AS AN INTERVENER. AND WHILE THEY MAY BE TECHNICALLY DIDN'T LEGALLY MEET THE. UH STANDARDS FOR BEING AN INTERVENER. WE STILL ALLOWED THEM TO INTERVENE, AND I WONDER IF THIS IS GOING TO I MEAN THIS TO ME MORE CLEARLY SPELLS OUT. YOU MAY NOT FILE AS AN INTERVENER UNLESS YOU CAN PROVE. STANDING WELL, WHAT? AND YOU'RE ABSOLUTELY RIGHT. AND WHAT WHAT HAPPENED IS I WENT TO THE CASE LAW AND I WENT TO THE OTHER. MATTERS. THE REALITY OF IT IS IN THE EVENT OF A CHALLENGE. YOU STILL WHOEVER THAT INTERVENER IS, WOULD BE REQUIRED FOR THEIR TESTIMONY TO BE RELEVANT. IN THE HEARING WAS WHEN WE RECEIVED AN OBJECTION. FROM THE PETITIONER. IT SAID THEY DIDN'T MEET THE LEGAL STANDARD. AND WE SAID OKAY AND MOVED ON. I STARTED THINKING TO MYSELF WELL, WHAT WOULD HAPPEN IF THIS DID GO UP ON APPEAL? WOULD ALL OF THE TESTIMONY THAT WAS PRESENTED BY THE INTERVENER. BE STRICKEN. OR WOULD IT BE ALLOWED OR WHAT WAS IT AND SO THEN I STARTED THINKING MYSELF. WHAT DO WE HOW DO I RESOLVE THAT? AND I AND HONESTLY I THREW IT IN THERE.

YOU GUYS CAN KEEP IT. MORE OPEN IF YOU SO IF YOU'RE SO INCLINED. THE OTHER SIDE TO AN INTERVENER IS THE INTENTION IS THAT ANYBODY COULD APPEAL ANYWAY, WHETHER YOU WERE IN AN INTERVENER OR NOT. MM. IT'S REALLY A MATTER OF COURSE, THAT DEFINITION CAME FROM LIKE THE CASE LAW ON IT. AND THE OTHER THING THAT I DID ADD WAS. THAT I FEEL LIKE THE COMMISSION SHOULD RULE ON THAT BEFORE WE GET STARTED, AND EVEN IF THEY DENY THAT WE'RE MOVING FORWARD, THAT'S FINE WITH ME. BUT WE SHOULDN'T JUST LEAVE IT KIND OF NOT RESPONDED. TO AND THEN IT WOULD BE THE DISCRETION OF THE PETITIONER TO SAY I WANT TO GO UP ON APPEAL AND RESOLVE THIS BEFORE THE HEARING GOES FORWARD. OR NOT, YOU KNOW, THEY COULD DELAY THE HEARING. IF I'D LIKE TO HEAR WHAT MY COLLEAGUES THINK ABOUT THAT. I MEAN, I TEND TO I THINK WE TO BE CAREFUL. WE PROBABLY SHOULD FOLLOW THE LETTER OF THE LAW. AND MAYBE HAVE MORE STRICT STANDARDS FOR WHAT AN ACTUAL INTERVENER IS HOW THEY ARE DEFINED AND THEN MAYBE LIMIT OTHER, UM, COMMENT TO PUBLIC COMMENT. RIGHT? I MEAN, I ALSO DON'T WANT TO LIMIT PUBLIC PARTICIPATION. YOU KNOW? IN A WAY THAT SEEMS LIKE WE'RE CHANGING THE RULES. YEAH, VICE MAYOR. WELL REGARDING. THE CURRENT TOPIC OF AN INTERVENER. I FEEL LIKE I'M ALWAYS GOING TO.

[01:00:08]

HAVE A SIGNIFICANT AMOUNT OF FLEXIBILITY ON THAT INTERVENER DEFINITION. AS LONG AS THEY LIVE IN STUART OR MARTIN COUNTY. THEY ARE IMPACTED. I'D HAVE TO DO A BIT MORE RESEARCH AND THEN SIT DOWN AND DISCUSS CASE LAW. UM BUT THAT'S THE WAY I TYPICALLY STANDING, YOU KNOW IF RESIDENT. FEELS THAT THEY'RE IMPACTED ENOUGH TO GO THROUGH THE STEPS THAT WE HAVE. UM WANT TO HEAR THEIR CASE. REGARDING TIME LIMITS. I WENT BACK AND FORTH ON THAT. AND YOU KNOW, I WANT TO APOLOGIZE FOR THE QUESTIONS I MAY HAVE ASKED. PRIOR TO DELIBERATION DURING THE COSTCO HEARING, UH, BUT MY THOUGHT WITH TIME LIMITS AS IF WE GIVE. KILL EVERY BEAUTY, A STANDARD SET TIME LIMIT OF AN HOUR OR HALF AN HOUR OR TWO HOURS. BOTH SIDES ARE GOING TO STRESS TO USE THAT AMOUNT OF TIME. EVEN IF IT ONLY TAKES 15 MINUTES TO DO THE PRESENTATION, BECAUSE THE YOU KNOW IT'S SHORTENS HIS SINK. YOU KNOW IF THEY HAVE AN HOUR TO DO THE TIME TO DO THE PRESENTATION. THEY'LL BE STRETCHING IT OUT OR IN THE CASE OF COSTCO. I FEEL LIKE. IT'S BETTER FOR THE PUBLIC TO HAVE BOTH SIDES. I THINK WE CAN DO BETTER IF WE ARE ADDICTING ON NO. WELL, A TIME CONSUMING DISCUSSION. WE HAVE THE MEETING EARLIER IN THE DAY, WHICH I WOULD SUGGEST. WHEN COSTCO DOES COME FOR SECOND READING, AND EVERYONE HAS A SECOND CHANCE TO WEIGH THEIR INPUT. THAT THAT WE CONSIDER, YOU KNOW, STARTING THAT MEETING SIGNIFICANT EARLIER. I MEAN, I CAN LOOK BACK IN THE PAST FEW YEARS. IT WAS COSTCO. IT WAS SELFISH BALL FIELDS. IT WAS THE. DISCUSSION OVER THE PELICAN. WE ALL KNEW THOSE WERE GOING TO BE LONG MEETINGS. BUT I'M AT THIS POINT. KIND OF AGREE WITH THE WAY IT IT'S IS REALLY WRITTEN. I DO HAVE SOME EDITS. I'LL GO OVER. BUT. NO, I DON'T FEEL COMFORTABLE. I FEEL LIKE GIVING EACH PARTY. ROOM. TO HAVE THE FLEXIBILITY TO MAKE THEIR PRESENTATIONS. NO MATTER HOW LONG IT TAKES. UM WE JUST NEED SOME ORGANIZATION AND PERHAPS HOLDING THE MEETING A LITTLE EARLIER. AGREE WITH THE ESSENCE OF WHAT WAS WRITTEN WHERE, YOU KNOW. DELIBERATION HAPPENS AFTER PUBLIC COMMENT, UM EACH SIDE. GETS TO PRESENT THEIR CASE. THEN YOU HEAR PUBLIC COMMENT, AND THEN YOU HEAR A SUMMARY SOME OF THE EDITS. IF WE GO TO THE ORDINANCE. SECTION 11.3 POINT SEVEN ON PAGE FOUR OF THE ORDINANCE. NUMBER 11, WHICH REFERS TO KIND OF THE MAYOR'S CHEAT SHEET, WHICH ANYONE WHO SERVED AS MAYOR CAN REFERENCE UP THERE. IS KIND OF THE CURRENT WAY WHERE IT SAYS IN QUOTES. DOES ANY MEMBER OF THE. PUBLIC WISH TO MAKE A COMMENT ON THE PENDING MOTION. AND AT THAT POINT IN THE. QUASI JUDICIAL HEARING THERE. SHOULD THE NEW EDITS THERE WILL HAVE NOT HAVE BEEN A PENDING MOTION.

SO I WOULD SUGGEST WE. EDIT NUMBER 11 2 DOES ANY MEMBER OF THE PUBLIC WISH TO MAKE A COMMENT? PERIOD. UM. NUMBER 12 WOULD READ THEN. THE MAYOR OFFERS EACH PARTY THE OPPORTUNITY FOR A BRIEF SUMMATION. AND I WOULD HAVE AT THAT POINT IN PARENTHESES. NO NEW EVIDENCE IS PERMITTED. AND THE NEW NUMBER. 13 THE MAYOR REQUESTS THE COMMISSION TO DELIBERATE. AND COME UP WITH EMOTION. ONE MORE EDIT WOULD BE ON PAGE SIX OF THE ORDINANCE.

ITEMS B AND C. NEED TO BE FLIPPED. THAT JUST DESCRIBES IT. AGAIN. WELL, WELL, THE WAY IT IS NOW THE PETITIONERS ARE GRANTED THE. OPPORTUNITY TO PROVIDE A SUMMARY OF THEIR CASE. AFTER DELIBERATION AND EMOTIVE MOTION HAS BEEN MADE AND THAT'S NOT LOGICAL FIRST.

YOU WOULD HAVE. EACH PRESENT THEIR CASE. PUBLIC COMMENT. THEN. THE INTERVIEWER AND THE

[01:05:02]

PETITIONER. COULD SUMMARIZE BRIEFLY THAT WAY THEY COULD, YOU KNOW. ADDRESS SOME COMMENTS MADE IN PUBLIC COMMENT, BUT THEY'RE NOT PRESENTING NEW EVIDENCE. THEN THE COMMISSION WE WOULD DELIBERATE. MAKE A MOTION. I DON'T KNOW THAT I'M HAPPY TO CHANGE THAT. BUT B AND C WEREN'T AN ACTUAL ORDER OF THE PROCEEDING. IT'S MORE JUST STATUTORY LANGUAGE IF YOU READ SEE, IT SAYS. EACH PARTY SHALL BE ENTITLED TO A BRIEF SUMMATION AFTER THE PUBLIC COMMENT PERIOD IN ORDER TO ADDRESS THE ISSUES RAISED SO THAT WOULD TAKE PLACE BEFORE THE MOTION. BUT THAT'S FINE. I'LL FLIP THEM. IT DOESN'T MATTER. I THINK IF ANYONE'S READING IT, THEY'RE GOING TO READ IT. IT'S SIMILAR AND JUST ADJUSTING OUR CHEAT SHEET. SO A YEAR FROM NOW SAKE. I AGREE WITH THAT COMMENT ON THE SHEET HAVE TO BE CHANGED. BUT ON THIS PAGE SIX IT JUST HAPPENED TO BE WHERE IT FELL ON THE ORDINANCE. THE I JUST ADDED, SEE COSBY WAS ALREADY IN EXISTENCE, BUT I'LL BE I'LL FLIP IT. MM. BUT. THOSE ARE ALL ALL MY COMMENTS. I'M COMFORTABLE AT THIS POINT WITH THE WAY THE INTERVENERS DISCUSSED AND I KNOW MYSELF, I WOULD BE IT. THAT'S FLEXIBLE AS POSSIBLE TO ALLOW. SO LET ME JUST GO. LET ME REITERATE THAT BEFORE YOU GUYS MAKE THAT DECISION TO, SO LET'S FAST FORWARD, NOT THE CURRENT CASE BECAUSE ALREADY WOULD HAVE BEEN ADDRESSED ALREADY. BUT NEW CASE SIX MONTHS FROM NOW APPLICANT WALKS IN. SOMEBODY INTERVENES, OUR CODE SAYS. ANYBODY CAN INTERVENE AT ANY TIME. AND THEN THE APPLICANT WALKS IN AND SAYS HERE'S FLORIDA CASE LAW. FLORIDA CASE LAW SAYS THAT AN APPLICANT HAS TO BE HELD TO THIS STANDARD THAT I'VE INCLUDED IN THE CODE HERE AND THEN YOU GUYS AS THAT JUDICIAL BOARD. ARE GOING TO HAVE TO RULE ON THAT DAY. WHETHER THEY HAVE STANDING TO INTERVENE BASED UPON FLORIDA LAW, HOWEVER, THE INTERVENER. IS GOING TO THINK THAT IT'S BASED UPON WHAT STATUTE LANGUAGES IN OUR CODE. THE APP LETS APPLICATOR APPLICANTS NOT GOING TO CARE WHAT LANGUAGES IN OUR CODE. THEY'RE GONNA SAY IT'S WHAT THE STATE OF FLORIDA LAW SAYS. SO MY CONCERN WAS THAT IT'S. LEADING THE INTERVENER ON A LITTLE BIT, AND THEN THEY COULD GET REALLY SURPRISED AT THE HEARING TO FIND OUT THAT, ALTHOUGH THE CITY IS PRETTY OPEN MINDED TO IT, IF SOMEBODY REALLY OBJECTS THERE REALLY IS A STANDARD THAT HAS TO BE FOLLOWED. I MEAN, I READ THIS TO SAY. THAT THIS ISN'T I MEAN BEFORE WE EVEN HAVE THE HEARING. YEAH. AT THE MIKE. YEAH, MIKE WILL HAVE ALREADY RULED ADMINISTRATIVELY ON WHETHER OR NOT SOMEBODY COULD FILE AS AN INTERVENER AND PRESENT THEM. WHAT WILL HAPPEN IS SOMEONE WOULD APPLY. NO MATTER WHO APPLIES. I DON'T HAVE THE AUTHORITY TO RULE. QUASI JUDICIAL DECISION. SO IF SOMEBODY APPLIES FOR INTERVENER WILL ACCEPT THE APPLICATION FEE. AND THEY'LL MOVE FORWARD AND THEY'LL GET HERE ON THE DAY OF THE FIRST READING. AND THEN THE AND THEN THE APPLICANT WILL OBJECT TO THEM BEING AN INTERVENER. AND THE CITY COMMISSION WILL HAVE TO RULE BUT. IT'S SUPPOSED TO BE BASED UPON WHAT THE STATE LAW IS. SO THEN THE QUESTION BECOMES. IF OUR CODE SAYS, HEY, ANYBODY CAN INTERVENE, BUT SOMEBODY'S REALLY ADAMANT ABOUT IT AND SAYS, I'M SORRY THAT THAT'S NOT THE BURDEN THE BURDEN IS, YOU HAVE TO SHOW MORE THAN JUST BEING A NEIGHBOR. YOU HAVE TO SHOW X Y OR Z. DON'T WANT THE APPLE THE INTERVENER TO BE SURPRISED. AND SAY THAT NOW AS STAFF IF WE GET AN APPLICATION WHERE YOU DON'T HAVE THE AUTHORITY TO SAY NO, IT HAS TO PROCESS BUT YOU CAN'T YOU EXPLAIN THAT IN THE INTERVENER APPLICATION PROCESS THAT. THIS IS WHAT'S GOING TO HAPPEN AND THE APPLICANT MIGHT. I FOUND OUT THAT BRIAN DAVID CHEN DIVAN? SURE IT WAS AN INTERVENER IN THIS PARTICULAR CASE TWO WEEKS AFTER. HE HAD PAID THE FEE AND SUBMITTED THE APPLICANT TO THE APPLICATION TO THE CLERK. SO I WASN'T EVEN PRESENT. I DON'T KNOW THAT HE HE SENT IT BY EMAIL AND SENT TO CHECK IN. WELL, THAT'S SOMETHING WE NEED TO. YEAH. I MEAN, SO JUST SO WE'RE CLEAR RIGHT? THERE'S OKAY. THERE'S MORE GOING ON THERE. SO RIGHT, RIGHT. WELL, THAT'S THAT'S SO MAYBE WE ADD SOMETHING HERE IF YOU GUYS HAVE OTHER IDEAS, THAT'S GREAT. WELL. ONE. IF SOMEONE DOES APPLY TO BE AN INTERVENER, WE NEED COMMUNICATION. FULLY AT THE STAFF LEVEL AND TWO IF. IF YOU FIRST SEE THAT THERE'S AN OBJECTION BY THE PETITIONER. HURT ME IF I'M WRONG, BUT STILL, THE BURDEN OF PROOF IS ON THE INTERVENER ACCORDING TO PROVE, AND THEN THE COST, OH CASE. BOB RAINS OBJECTED AT THE BEGINNING OF THE HEARING, AND YOU GUYS DIDN'T RULE ON IT. YOU MOVED ON. WE'LL LOOK FOR WELL AND I SAID COUNCIL, FRANK, THAT'S WHAT I SAID AT THE HEARING. WELL, WE'RE PRETTY LIBERAL ABOUT IT. THAT WAS US. ALLOWING IT. OKAY, BUT WHAT WAS WHAT WAS OUR BASIS FOR ALLOWING IT? DID WE FOLLOW THE STATE LAW? DID WE HAVE A FINDING THAT THEY DID HAVE HIGHER STANDING THAN JUST BEING A NEIGHBOR? BECAUSE WE DIDN'T. WE'LL HAVE TO SPELL IT OUT BETTER NEXT TIME. THE

[01:10:05]

REASONS I MEAN THERE WAS NO EVIDENCE PRESENTED AT ALL. AND THAT'S WHY I ADDED THIS JUST BECAUSE I DON'T KNOW THAT ANYBODY WHAT HAPPENS IS. THE APPLICANT BECAUSE TIME IS MONEY TO THEM DOESN'T WANT TO DELAY TO FIGHT OVER THAT ISSUE. BUT. AS IT BECOMES EASIER AND PEOPLE ARE BEING INTERVENERS MORE FOR WHATEVER REASON, IT MIGHT BE WHETHER THEY'RE MORE ENGAGED OR WHETHER IT'S SIMPLY BECAUSE THERE ARE MORE AWARE OF IT. THE APPLICANTS. FEEL LIKE IT CREATES A YOU KNOW, THE ONE BEFORE THAT, WHERE THERE WAS AN INTERVENER, THERE WAS LITTLE ANIMOSITY BETWEEN THEM AND THERE WAS PUSHED BACK. ONE OF THESE HEARINGS, THE APPLICANTS GONNA SAY NOPE. WE'RE GOING TO WE'RE GONNA WAIT. YOU RULE AND WE'RE GOING TO CONTINUE IT TODAY AND WE'RE GOING TO GET A RULING ON THIS, AND I JUST WANT TO MAKE SURE THAT OUR RECORD.

IS CLEAR ON IT NOW. MAYBE THEY DON'T AND WHEN THEY DON'T THEY WAVE IT. WE CAN MOVE ON AND WE'RE GREAT. BUT IF THEY DO, I DON'T WANT THE INTERVENERS TO LOOK AT US LIKE WE SANDBAGGED, UM AND DIDN'T TELL THEM WHAT THEIR BURDEN WAS. SO OKAY. YEAH I MEAN, I THINK VICE MAYOR YOU'RE ARE YOU. CLEAR ON THAT. OH, YEAH. SO I THINK WE CAN STILL. ALLOW. I MEAN, WE CAN STILL RULE ON WHETHER OR NOT AN INTERVENER MEET STANDING, BUT WE HAVE TO EXPLICITLY SAY THAT, WHEREAS WE DIDN'T DO THAT THIS LAST TIME, AND THE INTERVENER NEEDS TO BE AWARE THAT THAT BURDEN OF PROOF. IS ON THEM, AND THAT MIGHT BE PART OF THE CASE. THEY HAVE TO MAKE WELL AND SO RIGHT AND SO THE CASE, LAW SAYS. THAT. AN INTERVENER IS A PARTY IS NOT ENTITLED TO PARTICIPATE AS AN INTERVENER MERELY BECAUSE IT IS A GENERAL INTEREST IN THE ISSUE BEING DECIDED. INSTEAD, THE PROPOSED INTERVENER MUST SHOW. THAT IT WILL SUFFER AN INJURY. IN FACT, STANDING REQUIRES SHOWING THAT ONE WILL SUFFER SPECIAL DAMAGES THAT DIFFER IN KIND RATHER THAN DEGREE FROM OTHERS IN THE COMMUNITY MERELY BEING IN A BUDDING PROPERTY OWNER OR ONE ENTITLED TO NOTICE OF THE QUASI JUDICIAL PROCEEDING MAY BE A FACTOR. IT GENERALLY CANNOT BE THE SOLE FACTOR. ONE MUST STILL SHOW THAT THEY'RE AFFECTED. INTEREST IS DIFFERENT FROM OTHERS IN THE COMMUNITY AT LARGE, AND THAT'S COMING FROM THE CASE LAW, SO I JUST WANT TO PUT IT IN THERE. KIND OF LIKE, LET HIM KNOW THAT THERE'S A LITTLE MORE TO IT. IF YOU GUYS TURNED WOULD SAY OKAY, GIVE ME YOUR EVIDENCE. MIKE, COULD YOU DESCRIBE THIS THIS CASE LAW OR DOES THE STATUTE DESCRIBED WHAT AN INJURY IS. NO. OKAY. I MEAN, LIKE IT DOESN'T SAY.

ECONOMICALLY YOU CAN YOU KNOW YOU LOSE $1 YOU HAVE AN INJURY, BUT AN EXAMPLE OF THAT WOULD BE IF I LIVED SOUTH OF A OF A FLOWING STREAM AND I RAN A FARM. AND THE WATER WAS GOING TO BE DIVERTED AND I WASN'T GOING TO GET THE WATER FOR MY FARM. I COULD DEMONSTRATE THAT I HAVE A HIGHER INJURY THAN JUST PEOPLE THAT DIDN'T WANT THE DEVELOPMENT. SO IF. THE WAY THE WAY THIS IS WRITTEN, WE WOULD RULE ON SO IF SOMEONE, FOR EXAMPLE, WE WERE HAVING A HEARING ABOUT A PROJECT AND STEWART AND SOMEONE CAME IN FROM HOPE SOUND. UM. THAT JUST DID NOT THAT FOR WHATEVER REASON DOESN'T LIKE THE X Y Z CORPORATION. UH THEN WE WOULD WE WOULD HAVE THE, UH, THE OBLIGATION THE RULE IF THEY WERE A GENUINE INTERVIEWED HER.

RIGHT. BUT EVEN IF SOMEBODY TO MR MARTEL'S POINT, YOU KNOW SOMEBODY. WHO WAS A NEIGHBOR FOUND AS AN INTERVENER. WE COULD STILL WE WOULD STILL HAVE TO RULE, RIGHT? YEAH, IF THE PETITIONER. I CALLED IT. I'M GETTING I'M ANTICIPATING. THAT CANTOR HIGHWAY P U D AS A SECOND INTERVENER THAT HAS APPLIED. I'M TELLING YOU NOW THERE'S GOING TO BE AN OBJECTION TO IT. THIS IS NOT GOING TO APPLY THIS AMENDMENT THAT WE'RE DOING DOESN'T APPLY TO THAT BECAUSE IT'S ALREADY IN AND IT'S ALREADY IN FRONT OF YOU GUYS. SO WHATEVER YOU ADOPT HERE OR NOT, HAS ABSOLUTELY NO BEARING ON THAT AT ALL. BUT THAT'S COMING BUT TO YOUR POINT.

BECAUSE I MEAN, EVEN RIGHT, IT DOESN'T MATTER. THAT CASE IS STILL GOING TO BE. THE ISSUE WILL STILL BE THE ISSUE BECAUSE IT'S THE CASE LAW SO IT HAS NOTHING TO DO WITH OUR ORDINANCE, RIGHT, BUT THAT'S STILL GOING TO HAPPEN. IS WITH THEM. YOU CAN HAVE A QUESTION WHEN WE ASKED FOR THE PUBLIC COMMENT. THANK YOU. UM. WAS THERE. WHAT DID YOU MAKE EMOTIONAL? UM YEAH, WE MEAN THAT EMOTION IN A SECOND, UM MY EDITS WERE JUST. I DON'T HAVE ANY KIND OF, BUT I HEARD COMMENTS. WOULD YOU LIKE TO COME AND MAKE A COMMENT, MISS? UM MR UP MISS HALL. NO, I WAS JUST WANTING WHAT THE CASE LAW. WHAT CASE WAS THAT? AND WHAT COURT THAT'S ALL? THAT'S A GENERAL REFERENCE TO PRECEDENT. IS THAT RIGHT? MR RIGHT? I MEAN, I CAN I CAN PROVIDE. ALL OF THEM. I DON'T HAVE IT IN MY LIFE. I DON'T HAVE IT WITH ME

[01:15:02]

ON THE AGENDA, BUT I CAN PROVIDE IT. THANK YOU. MISS HELEN MCBRIDE, HELEN MCBRIDE FROM MINGO AVENUE. THANK YOU. YEAH. I'M A 48 YEAR RESIDENT OF THE CITY IS STUART. I WAS HERE THAT NIGHT. BRING THAT UP TO YOU, MISS MCBRIDE. I, UH. IT WAS SARAH. I SPOKE AT 10 MINUTES TO TWO. IF YOU REMEMBER THIS LOVELY GAVE THEM AND DID MAKE SURE I GET OUT SAFELY BECAUSE I HAD TO PARK OUT ON THE SIDEWALK. MY SISTER JEAN MYSTERIOUS, SHE SAID, DIDN'T YOU? DON'T YOU REALIZE YOU'RE 85 YEARS OLD? YOU SHOULDN'T BE OUT AT TWO O'CLOCK IN THE MORNING. TELL ME ME FEEL GOOD, SOUND LIKE MY MOTHER. BUT ANYWAY. I THINK, REALLY, YOU'VE GOT TO TIGHTEN UP ON THE INTERVENER. BECAUSE I'VE BEEN TO MANY AND IN THE COMEDY BECAUSE I VOTE FOR THE COUNTY COMMISSION. RESPECT I'D VOTE FOR YOU FIVE COMMISSIONERS. AT THAT NIGHT. I. TOUCHED YOU FIVE COULD DONE A BETTER JOB THAN THE INTERVENER HAD HER WITNESSES. OF COURSE, THEY DIDN'T HAVE THEIR HOMEWORK DONE, BUT THAT ONE WITNESS GET UP AND STARTED THROWING STONES AT OUR COMMISSIONER. AND AS THE CITY RESIDENT. I TOOK OFFENSE BECAUSE IT'S MY VOTE THAT PUT. PEOPLE UP ON THAT PODIUM, NO MATTER WHO OR WHEN I'VE BEEN HERE A LONG TIME, SO I REALLY FEEL THERE. BETTER CONTROL OF THE INTERVENERS. I MEAN, JUST BECAUSE I GOT THE AIRPORT BEHIND ME, AND THAT'S A MARTIN COUNTY AND I DON'T LIKE IT SO I CAN REPAIR FEE AND HAVE ALL MY FRIENDS CAMP. YOU GOT TO TIGHTEN UP IN THE END OF BEING A RECENT TIME. I MEAN, FOR THE MANY YEARS I'VE BEEN HERE AND I'VE BEEN AT THE COMMISSIONER MEETING. YOU RUN A WONDERFUL BUT THAT NIGHT, IT DID GET OUT OF HAND. BARELY REALLY? AND LIKE YOU SAID, IT SHOULD HAVE BEEN MUCH EARLIER WHEN YOU KNOW AND LIKE, IF YOU SAY THERE'S ANOTHER CASE COMING. PUT IT ON THE AGENDA LITTLE BIT EARLIER. SORRY FOR THE ONES WHO ARE AFTER IT. TIGHTEN UP ON THAT, AND THERE'S ANOTHER LITTLE THING THAT'S ALWAYS BOTHERED ME. I VOTE IN THE COUNTY FOR THE COMMISSION THAT BOAT HERE AND THAT NIGHT LIKE THEY WERE COMING UP FROM HOPES THEM AND THEY DIDN'T MIND CASCO. I DON'T KNOW. I WAS AT THE MEMORIAL DAY PARADE. AND WHEN YOU ALL WENT BY AND I WAVED AND SOMEBODY YELLED HI, HELEN. IN THAT, UH, THERE WAS A GROUP OF YOUNG PEOPLE WITH YOUNG CHILDREN, SO LET THEM STAND IN FRONT OF ME TO GET THE CANDY. UH HUH. THEY ALL STOPPED. THEY SAID. DID YOU GO TO THE MEAT? AND HE SAID, YEAH, I KIND OF GO TO ALL THE MEETINGS. AND ALL OF THOSE YOUNG PEOPLE AND THAT THEN MY QUESTION DO YOU LIVED IN THE CITY? AND THEIR OFFER CASCO SO YOU KNOW. IT'S LIKE TONIGHT.

THIS MEETINGS YOU STARTED HERE AT 4 30. THESE YOUNG COUPLES ARE WORKING. THEY'RE PROBABLY BOTH WORKING. THEY HAVE YOUNG CHILDREN. SO WE THE PEOPLE OF THE CITY START AND I HAVEN'T FOUND TOO MANY WHO ARE AGAINST THIS DEVELOPMENT. SO BUT I MEAN, TIGHTEN UP ON THE ENTREPRENEURS. THANK YOU. THANK YOU, MR MCBRIDE. SEE ONE MORE COMMON COMING UP WITH THAT MS LINDA K. MR LLOYD. THANKS AGAIN FOR HEARING ME. IT JUST SEEMED TO ME LIKE THERE WAS SOME SYNERGY BETWEEN WHAT I MENTIONED BEFORE AND THIS PARTICULAR TOPIC, SO I JUST WANTED TO BRING UP THAT. AGAIN, I THINK IF THE INTERVENER. IT WAS VERY APPARENT IN THIS PROCESS THAT TOOK PLACE THAT CITY STAFF WORKED VERY CLOSELY WITH THE DEVELOPER. AND UNDERSTANDING CODE AND WORKING AROUND ISSUES. IF THAT SAME THING WOULD HAPPEN WITH AN INTERVENER WHERE THEY UNDERSTOOD WHAT THE RULES WERE UP FRONT. DON'T THINK A LOT OF PEOPLE WOULD WASTE THEIR TIME COMING UP HERE TO BE TOLD THEY'RE NOT EXPERTS. AND EVEN THOUGH WE ARE EXPERIENCING WHAT'S GOING ON OUT THERE, AND IT SHOULD COUNT FOR SOMETHING, WE WOULD CERTAINLY HAVE PLACED THE EMPHASIS ON MAKING SURE THAT THE EXPERT WAS REPRESENTING US. ENCOUNTER ACTING OR COUNTERBALANCING WHAT YOU'RE HEARING FROM THESE PEOPLE BECAUSE I TOTALLY AGREE. WHAT YOU HEARD FROM THIS. THESE PEOPLE IS A ONE SIDED THING PAID FOR BY THE PERSON OF THAT INTEREST. THIS SIDE IF WE KNEW THAT WE NEEDED TO HAVE THAT YOU WOULD HAVE HEARD THAT FROM THE SAME QUALIFIED PEOPLE THAT THESE PEOPLE BROUGHT. THIS LEADS ME TO SAY, BECAUSE NONE OF THIS IS REALLY UNDERSTOOD. APPARENTLY. SHOULD WE GO FORWARD MAKING DECISIONS WHEN WE STILL CAN BRING EXPERTS? WE COULD STILL BRING YOU EXPERTS.

CAN GIVE YOU VALUABLE INFORMATION BASED ON WHAT WHAT IS EXISTING AND WHAT WE SEE. SO YOU SHOULD DEFINITELY TAKE THAT UNDER CONSIDERATION. TIME LIMITS. I THINK YOU'RE RIGHT ON.

[01:20:05]

YOU NEED TO GIVE THE AMOUNT OF TIME THAT'S NECESSARY. SO YOU GUYS UNDERSTAND ALL THE ISSUES AND ALL THE DETAILS OF ALL THE POINTS THANK YOU. THANK YOU. THANK YOU. WE HAVE ANOTHER COMMENT. THANK YOU. AMY. RIGHT? THE ANSWER TO BOTH NOW FOR ALL I KEEP DOING OH, VERY QUICKLY.

UM, I READ A PIECE FROM I BELIEVE IT WAS MR CAMPENNI, WHO TALKED ABOUT. HOW MANY PEOPLE SPOKE THAT NIGHT? 28 SPOKE AGAINST 12 SPOKE FOR AND 30 PEOPLE WERE NOT EVEN ABLE TO SPEAK. I'M NOT A MATHEMATICIAN, BUT THAT'S 42% OF THE PUBLIC THAT DIDN'T EVEN GET TO SAY ANYTHING. I THINK THAT'S AN IMPORTANT THING TO NOTE. AND ALSO ONE OF THE THINGS YOU MAY NOT BE AWARE OF, AS WE HAVE OVER 1450 SIGNATURES ONLINE AND 200 PAPER SIGNATURES AGAINST THE PROJECT THAT WE HAVEN'T EVEN PRESENTED. SO JUST A LITTLE BIT OF NUMBERS. I THINK 42% OF YOUR PUBLIC NOT BEING ABLE TO SPEAK IS RELEVANT. AND OUT OF THOSE 42. HOW MANY MIGHT HAVE SPOKEN AGAINST AND FOUR DO NOT KNOW THAT. BUT IF YOU GO BY HOW MANY WERE HERE AND SPOKE AGAINST AND FOUR IT WAS OVERWHELMINGLY AGAINST THE PROJECT. THANK YOU. THANK YOU.

ARE THERE ANY OTHER COMMENTS ON ITEM NUMBER EIGHT. MS LINDA K. RICHARDS. ONE BITE AT THE APPLE WILL EVER MOST BAD. UM SO I, YOU KNOW, OBVIOUSLY, I FELT KIND OF LIKE THERE WAS SOME TALKING ABOUT ME AS AN INTERVENER HERE WITH THE COSTCO. UM THING. AND SO JUST AS A CONCERNED CITIZEN WHO HAS BEEN WORKING VERY HARD AND SPENT, UM, A BIG CHUNK OF MY TIME OVER THE PAST FEW YEARS WITH THIS, UM IT ACTUALLY LEADS ME TO FEEL LIKE, WELL, I GUESS THERE GOES MY CHANCE TO BE AN INTERVENER BECAUSE SEEN LOOKING IN THE FUTURE. I SEE MYSELF SITTING UP HERE. AND BASICALLY BEING TOLD, EVEN THOUGH MY BUSINESS ANNOYED PROPERTY AND WHERE I LIVE, ARE ALL WITHIN SPITTING THE SENSE OF THIS THIS PROPERTY THAT. COULD BE DENIED THE CHANCE OF BEING AN INTERVENER. UM AND THAT BEING SAID, I WANT TO SPEAK. ONE OF THE THING ABOUT THIS IS THAT I KNOW THERE WAS DISCUSSION ABOUT ALLOWING PUBLIC COMMENT BEFORE.

UM, PRESENTATIONS OR ALLOWING PUBLIC WHEN YOU'RE EXPECTING A LONG PROCESS LIKE WE DID BEFORE, AND I WOULD LIKE THAT TO STILL BE A CONSIDERATION. FOR THE CANCER CPD IS THAT YOU ALLOW PUBLIC COMMENT BEFORE THE PRESENTATION OF THE APPLICANT AND THE INTERVENER. THE STAFF CAN PRESENT IT. AND THEN TAKE YOUR PUBLIC COMMENT SO THAT WE DON'T HAVE PEOPLE WHO ARE SILENCED BECAUSE, UNFORTUNATELY, I REALLY DISAGREE. THERE ARE PEOPLE WHO THINK COSTCO WOULD BE GREAT, BUT ONCE THEY KNOW THE LOCATION, AND ONCE THEY KNOW THE APARTMENTS IN THE STRIP MALL AND THE FAST FOOD RESTAURANTS ONCE THEY KNOW WHAT IT REALLY IS, IT'S NOT ABOUT JUST THE COSTCO. THEY GO. WHAT? SO. PEOPLE WHO SAY THEY WANT TO COSTCO. THEY ARE NOT INFORMED AS TO WHERE IT IS AND WHAT THE IMPACT IS. SO I WOULD REALLY LIKE TO ASK WHEN YOU'RE SPEAKING TO PEOPLE ABOUT THIS PROJECT JUST TO ASK THEM IF THEY KNOW THE DETAILS, BUT I KNOW THAT'S NOT ABOUT HERE. BUT I DO THINK PUBLIC COMMENT NEEDS TO BE. NEEDS TO BE HEARD, AND WE ACTUALLY SHOULD REQUEST A CONTINUANCE AT THAT MEETING AND SAID TO GO TO ANOTHER DAY, SO THE PUBLIC COULD HAVE BEEN HURT. THANK YOU. THANK YOU AND META MAYORS. IT RELATES TO THE CASE LAW JUST SO I COULD SUMMARIZE IS CAN YOU GIVE ME TWO MINUTES JUST TO READ IT, SO THEY? YES MISS SOME MORTAL. IF YOU COULD CITE THE CITATION SO THEY CAN LOOK, SO I PULLED THIS RIGHT OUT OF THE CONFERENCE I ATTENDED AND I HAD SENT THIS TO LUKE LATHAM, WHO WAS THAT INTERVENER IN THE CASE BEFORE. WE'RE STANDING TO PETITION FOR FIRST TIER SURGERY REVIEW AND WHEN MUST THEY PROVE STANDING STANDING IS AN IMPORTANT, OFTEN OVERLOOKED ISSUE BY PETITIONERS.

THE SUPREME COURT HAS LONG RECOGNIZED THAT A CHALLENGE. THAT TO CHALLENGE A QUASI JUDICIAL LAND USE DECISION THE PETITIONER MUST HAVE AND PROVE STANDING. RENARD VERSUS DADE COUNTY TO 61 SOUTHERN 2ND 8 32, FLORIDA SUPREME COURT. THE ONE COULD DEVOTE AN ENTIRE ARTICLE TO THIS TOPIC. THE CITY ATTORNEY SHOULD PRIMARILY KEEP TWO ISSUES IN MIND CONCERNING STANDING. ESPECIALLY WHEN SOMEONE OTHER THAN THE LANDOWNER APPLICANT PETITIONS FOR CERTAIN REVIEW. FIRST CITY ATTORNEY SHOULD KNOW THE TEST FOR STANDING IN THE LAND USE CONTEXT AND FOR THOSE IN THE AUDIENCE STANDING IS TO BE AN INTERVENER. WHICH IS NOT GOVERNED BY ANY PARTICULAR STATUTE, BUT INSTEAD BY FLORIDA COMMON LAW, THE SUPREME COURT HAS LONG RECOGNIZED THAT STANDING REQUIRES SHOWING THAT ONE WILL SUFFER SPECIAL DAMAGES. THAT DIFFER IN KIND RATHER THAN DEGREE FROM OTHERS IN THE COMMUNITY IT AT PAGE 8 37 MERELY BEING IN A BUDDING PROPERTY OWNER OR ONE ENTITLED TO NOTICE OF THE QUASI JUDICIAL

[01:25:03]

PROCEEDING. MAYBE A FACTOR, BUT IT GENERALLY CANNOT BE THE SOLE FACTOR IT AT 8 38. ONE MUST STILL SHOW HOW THEY'RE AFFECTED. INTEREST IS DIFFERENT FROM OTHERS IN THE COMMUNITY AT LARGE. EACH CASE MUST BE INDEPENDENTLY RESEARCHED, BASED ON THE NATURE OF THE CHALLENGE, FOR EXAMPLE, MERELY ALLEGING THAT THE PROPOSED DEVELOPMENT WILL INCREASE TRAFFIC IS GENERALLY INSUFFICIENT. BECAUSE EVERYONE IN THE COMMUNITY WILL SUFFER THE INCREASED TRAFFIC.

SKAGGS ALBERTSON PROPERTIES VERSUS MITCHELL'S BELLEAIR BLUFFS PHARMACY. 3 32, SOUTHERN 2ND, 1 13, FLORIDA SECOND DC 8 1976. ON THE OTHER HAND, THE LIQUOR BUSINESS AFFECTED BY A ZONING DECISION, ALLOWING A COMPETITOR TO OPEN A NEARBY LIQUOR STORE. WOULD HAVE STANDING BECAUSE OF THE INCREASED COMPETITION, WHICH IS A B C. LIQUOR VERSUS SKAGGS.

ALBERT SENDS A 3 49 6 57, FLORIDA FOR FOURTH D. C. A ALSO RYAN CORPORATION VERSUS BOARD OF COUNTY COMMISSIONERS OF DADE COUNTY. THAT SEEM MITCHELL'S BEL AIR AT 3 32 SOUTHERN SECOND AT 1 16, WHICH SUGGESTING THE LOSS OF BUSINESS DUE TO INCREASED COMPETITION WOULD NOT SUPPORT STANDING. OF COURSE, THE DESPERATE ARGUMENT THAT IF THE PETITIONER LACKS STANDING, NO ONE WOULD HAVE STANDING TO CHALLENGE THE CITY'S DECISION HAS BEEN REPEATEDLY REJECTED.

SEE SOLARIS VERSUS CITY IN MIAMI. 1 66 SOUTHERN 3RD 8 87. FLORIDA THIRD D C A 2015. THE SECOND IMPORTANT ISSUE CITY ATTORNEYS SHOULD KEEP IN MIND IS WHETHER THE APPELLANT RECORD CONTAINS A SUFFICIENT SHOWING OF STANDING. MANY PETITIONERS FORGET TO PRESENT EVIDENCE SHOWING THEIR STANDING DURING THE QUASI JUDICIAL HEARING AND INSTEAD ATTEMPT TO ARGUE STANDING WITH NO EVIDENTIARY SUPPORT TO THE CIRCUIT COURT IN THEIR SEARCH AREA OPPOSITE PETITION. THE CASE WAS CLEAR THAT STANDING MUST BE FIRST PROVEN THROUGH EVIDENCE AT A QUASI JUDICIAL HEARING BEFORE THE MUNICIPAL DECISION MAKERS. SEE CITY OF FORT MYERS VERSUS SPLIT, AS WELL AS BATTALION FRUIT COMPANY VERSUS CITY OF MAITLAND. IT CANNOT BE ARGUED FOR THE FIRST TIME ON APPEAL. THE CIRCUIT COURT CANNOT GO OUTSIDE OF THE APPELLATE RECORD TO TAKE ADDITIONAL EVIDENCE OF STANDING. RATHER IF THERE'S NO EVIDENCE SUPPORTING STANDING THE PETITION FOR SEARCH AREA WILL BE DISMISSED. OKAY? SO WHAT I'M HEARING THERE IS THAT.

IF WE FAIL TO ENFORCE FLORIDA COMMON LAW. WE COULD ACTUALLY AND SOMEBODY WHO IS, UM, CLAIMING STANDING AS AN INTERVENER MAKES A CASE. ON APPEAL. LET'S SAY IT WAS DENIED ON APPEAL BY THE ORIGINAL APPLICANT. BECAUSE STANDING WASN'T PRESENTED. THAT WHOLE THAT WHOLE APPEAL COULD BE SO IT COULD ACTUALLY DISRUPT THE CHANCES FOR THE. INTERVENER TO BE ABLE TO TRULY FILE TO FILE AN APPEAL AND EXACTLY WHAT HAPPEN. SO IT'S NOT JUST ABOUT.

LET'S LET PEOPLE AND I HATE TO SAY IT, BUT WE HAVE PUBLIC COMMENTS. AND THEN TO ALLOW PEOPLE. TO GREASE THE RULES SO PEOPLE CAN. FEEL LIKE AN INTERVENER, BUT WE'RE SORT OF LIKE TURNING A BLIND EYE TO CASE LAW ACTUALLY MAKES IT MORE DIFFICULT. FOR THE. INTERVENER IF THEY WERE TO ACTUALLY TRY TO APPEAL. DECISION AND THAT THAT'S EXACTLY MY CAN TURN. I DON'T WANT THEM TO FEEL LIKE WE SET THEM UP. TO GET KICKED OUT. AT THE CERTAIN LEVEL. TOLD. MY MIND, THOUGH THIS DOES BOIL BACK TO IF SOMEONE APPLIES. THE CITY OF STEWART TO BE AN INTERVENER. THEY'RE COMING FORWARD NEED TO BE PROPERLY NOTIFIED THAT THE BURDEN OF PROOF IS ON THEM. EVEN IF THERE ARE ABUTTING PROPERTY OWNER. THAT MIGHT NOT BE ENOUGH THAT THEY MIGHT HAVE TO SHOW THAT THE IMPACT OF THE NEW BUSINESS IS GOING TO AFFECT. WATER FLOW UNDER THEIR PROPERTY, PER SE OR SOMETHING OF THAT NATURE, OR, YOU KNOW. AND THAT'S WHY I ADDED THAT TO 11 POINT. OH 3.3 B. OKAY. OKAY. ANY OTHER COMMENTS? UM, MADAM MAYOR, I'LL JUST SAY THAT I ACCEPT, UM THE VICE MAYORS. RECOMMENDATIONS TO EDIT. SECTION, THE I WROTE THEM DOWN. YELLOW SHEET. YEAH. THINK THAT WE'RE OKAY AND THE OTHER ONE. FLIPPING B AND C BEING PAGE SIX. UH, FINE. I DIDN'T READ IT IN SEQUENTIAL ORDER, BUT I'M OKAY WITH THAT. THAT'S IT MAKES IT CLEAR TO YOU THAT I'M OKAY WITH THAT. THANK YOU. SURE. OKAY? AND I GUESS THAT THEY BROUGHT THAT UP JUST SO THAT WE COULD HAVE THAT DISCUSSION. YOU KNOW, THAT HAS BEEN DISCUSSED WHETHER OR NOT THERE SHOULD BE ANY TIME LIMITS AND THAT'S THIS IS WHAT WE'RE WORKING. SO THIS IS WHAT WE HAVE. COMMISSION BRUNA, DID YOU HAVE A COMMENT? NO. YEAH. DID

[01:30:02]

WE HAVE ANY OTHER COMMENTS ON THE, UM OR WE HAVE A SYSTEM CLERK TODAY? MISS PINKSTON? DO YOU HAVE THE MOTION? YOU HAVE THE MAKER OF THE MOTION IN THE SECOND? YES. OKAY. WHAT IS THE MOTION THAT YOU HAVE? I HAD TO MAKE IT ANY CHANGE. I HAVE EDITS NUMBER 11 DOES ANY MEMBER OF THE PUBLIC WISH TO MAKE A MOTION EDIT NUMBER? 12 ADD NO NEW EVIDENCE IS PERMITTED. EDIT NUMBER 13 AND THEN EDIT NUMBER SIX OF ORDINANCE BNC HAS FLIPPED. SORRY IT'S MAKE A COMMENT PERIOD. NOT MAKE A MOTION. OKAY COMMENT AND I HAVE THAT I WROTE IT DOWN AS WELL.

SO OKAY. SO YOU THINK YOU HAVE A GOOD IDEA OF. COMMISSIONER MEYER AND I JUST WANTED TO SAY I HAD THOUGHT ABOUT, UM. FLIPPING THE PUBLIC COMMENT TO BE BEFORE THE CASE. UM THE REASON I'M NOT PUSHING FOR THAT IS BECAUSE OFTENTIMES FOLKS WILL HERE WILL ACTUALLY HEAR EXACTLY WHAT'S GOING ON BY THE APPLICANT AND BY THE INTERVENER AND MANY TIMES I FEEL LIKE THEY'LL WANT TO THEY'LL ACTUALLY WANT TO MAKE UP MORE INFORMED COMMENT LATER. SO EVEN THOUGH IT PUSHES IT LATER, I FEEL LIKE. I'VE SEEN FOLKS BEFORE. GET FRUSTRATED WHEN THEY'RE TOLD. NO YOU'VE ALREADY MADE A COMMENT AND THEY HAVE SOMETHING TO SAY. BASED ON THE NEW INFORMATION, SO THAT'S WHY I'M NOT IN FAVOR OF PUTTING COMMENT BEFORE. I AGREE. ALL RIGHT. AND UM, MR MARTEL, WOULD YOU IN THIS SITUATION WITH THE BOYS THAT JUDICIAL UM. THERE WAS AN ISSUE THAT HAS ALSO BEEN BROUGHT TO ME WHETHER THE CHAIR SHOULD COMPLETELY, UM, CONTROL ALL OF THE CONVERSATION WITH THE. STAFF AND WITH THE DEVELOPER AS WELL AS WITH THE INTERVENER, OR SHOULD YOU HAVE A SYSTEM WHERE THE CITY ATTORNEY IS NOW? CALL HIM. ON THESE PEOPLE IN A CERTAIN MANNER IF YOU LOOK AT IT, AND I KNOW THAT I JUST WANTED TO BRING IT OUT. THAT'S ALL SECTION 11.3 POINT FOUR B. SAYS ANY IT'S AS A CITY ATTORNEY SHALL ACT AS ATTORNEY TO THE BOARD AND EMOTIONS OR OBJECTIONS MADE BY A PARTY MAY BE REFERRED TO THE CITY ATTORNEY FOR ADVISORY RULING. PRESIDING OFFICER SHALL ACT ON BEHALF OF THE BOARD AND SHALL RESPOND EMOTIONS AND OTHER MATTERS WITH THE ASSISTANCE OF THE CITY ATTORNEY. THE BOARD SHALL HAVE THE FULL DISCRETION TO DIRECT THE CITY ATTORNEY OR CITY MANAGER TO RULE ON OBJECTIONS AND PROCEDURAL ISSUES DURING THE HEARING, SO I DON'T THINK. 99.9% OF THE TIME THAT YOU GUYS WANT TO DELEGATE ANY OF THAT YOU CAN CROSS SYSTEM AND HANDLE THEM AND DEAL WITH IT. IF IT COMES UP AND YOU GUYS FEEL THE DESIRE TO DO THAT. AT THE DISCRETION OF THE BOARD. YOU HAVE THE AUTHORITY TO BUT. MOST OF THE TIME, IT PROBABLY WON'T BE NECESSARY. OKAY AND THIS IS KIND OF OUTSIDE OF THE ORDINANCE. UM THAT WE'RE DISCUSSING RIGHT NOW. BUT, UM. I NORMALLY DON'T RESPOND DIRECTLY TO WHAT? UM WHEN PEOPLE COME UP, BUT I THINK SOMEONE ONE OF OUR FIRST QUESTIONS WAS WITH REGARD TO UM.

HOW PEOPLE KNOW, UM. HOW TO APPROACH AND I THINK THE IDEA OF DEFINITE DEFINING THE INTERVENER AND WHETHER AN INTERVENERS COMING WITH A TEAM OF PEOPLE THEY NEED TO WORK ON THAT, BUT IS THERE SOMETHING THAT WE CAN DO AS WE AMEND THIS ORDINANCE AND MAYBE COMING OUT OF THIS ORDINANCE? THAT WE HAVE SOMETHING LIKE. CHEAT SHEET FOR THEM SO THAT THEY KNOW WHEN THEY SUBMIT THEIR INTERVENING PACKET THAT THEY'RE GOING TO HAVE TO PROVIDE CERTAIN SPECIFIC THINGS IN THERE, WHETHER IT'S TO HAVE, UM. SPECS THAT SAYS THAT THIS PERSON IS A QUALIFIED PERSON TO DO X Y Z SIMILAR TO WHAT A DEVELOPER WHEN THEY BRING IN SOMEONE THEY KNOW THAT IT HAS TO BE A QUALIFIED TRAFFIC ENGINEER HAS TO BE. THIS HAS TO BE THAT. IS THERE ANYTHING THAT WE COULD OFFER TO THE PUBLIC THAT ARE COMING INTO THESE THINGS ARE NOT WELL VERSED IN IT THAT THEY CAN HAVE A LITTLE FLYER OR BROCHURE THAT SAYS, IF YOU'RE AN INTERVENER ON A LAND USE MATTER. THESE ARE SOME THINGS TO X. AND NOT THAT WE'RE BEING THEIR ATTORNEY EITHER. WELL THAT IS GOING TO SAY WE HAVE TO BE CAREFUL BECAUSE IF WE FORGET SOMETHING, AND THEN THEY DON'T DO IT, AND THEY GET REVERSED AND CIRCUIT COURT BECAUSE IT WASN'T ON OUR SHEET. IT BECAME OUR FAULT AND THEN WE'VE CREATED THE PROBLEM. WE DO TRY TO MEET WITH THEM AND ANSWER ANY QUESTIONS THEY HAVE. BUT UNFORTUNATELY. UNLESS YOU'VE BEEN THROUGH IT. YOU DON'T KNOW WHAT YOUR QUESTIONS ARE. YOU KNOW THE QUESTIONS DON'T HAPPEN IN ADVANCE THEY HAPPENED DURING OR AFTER. AND I DID PROVIDE. THE INTERVENERS IN THIS PARTICULAR CASE. ON THE KEEP REFERRING TO ON COUNTER HIGHWAY IN APRIL, 16TH. AN EIGHT PAGE

[01:35:02]

MEMORANDUM THAT I HAD DONE FOR THE CITY MANAGER REGARDING THE PROCEDURE REQUIREMENTS AFFORDED TO HAVE PARTICIPATED IN THE LEGISLATIVE PROCEEDING, SUCH AS A SUCH AS WHAT WE WERE DOING.

THAT TALKED ABOUT THE DUE PROCESS AND TALKED ABOUT THE BURDEN OF PROOF AND TALKED ABOUT WHAT A QUASI JUDICIAL IS CITED CASE LAW. THE PROBLEM WITH IT IS. IS WHEN I GAVE IT.

I DIDN'T KNOW WHAT THE APPLICANT WAS GOING TO BE SUBMITTING. AND SO AND I COULDN'T REALLY COMMENT ON THAT. IF I DID KNOW, BECAUSE THEN THAT WOULD BE REPRESENTING ONE SIDE OR THE OTHER. SO IT'S REALLY IT'S A IT'S A FINE LINE. TO DRAW THE REASON THE APPLICANT HAS THE MEETINGS WITH THE CITY. ISN'T BECAUSE THE CITY IS GIVING THEM EXTRA TIME.

IT'S BECAUSE THE APPLICANT IS BEEN PAYING A LAWYER TO REPRESENT THEM AN ENGINEER TO REPRESENT THEM AN ARCHITECT TO REPRESENT THEM IN THE LAND USE IN THIS PARTICULAR CASE FOR ALMOST SIX YEARS. SO YOU KNOW, THERE'S NO WAY WE COULD EVER PROVIDE THAT KIND OF INFORMATION TO SOMEONE. IT JUST WOULD BE IMPOSSIBLE. OKAY. I JUST WANTED TO MAKE SURE IT BROUGHT IT UP AND DISCUSSED IT AT THIS TIME. UM. WE HAVE A MOTION. WE HAVE A SECOND WE'VE HAD DISCUSSION WE'VE HAD INPUT FROM THE PUBLIC. WE READY TO HOLD, SIR? HOLD ON ON SECOND.

IF YOU'D LIKE TO COME UP, MR LLOYD. OH, ALLOW YOU BECAUSE WE WANT TO BE FEAR. THEM. DO YOU WANT TO HAVE? OKAY? I JUST WANTED TO ADDRESS WHAT I HEARD. AND SO A SUGGESTION WOULD BE GUIDELINES AS YOU. THINK SUGGESTED. DISCLAIMER. PUT A DISCLAIMER IN THERE THAT THE CITY IS NOT RESPONSIBLE FOR THESE GUIDELINES, BUT WE SUGGEST. IF YOU DON'T WANT TO WASTE EVERYBODY'S TIME. THESE ARE THE PEOPLE YOU REPRESENT. I WANT TO HAVE THEM COME UP HERE AND BE DISAPPOINTED IN YOUR LEADERSHIP BECAUSE YOU'RE NOT LEADING THEM. THESE PEOPLE.

STAFF AND I'M NOT SAYING THIS IN THE DEROGATORY MANNER, BUT THEY WORKED EXTENSIVELY WITH YOUR APPLICANT. WOULDN'T YOU BE ABLE TO GIVE EQUAL TIME TO THE PEOPLE WHO YOU'RE AFFECTING? DISCLAIMER OUT THERE AND PROTECT YOURSELVES. THANK YOU FOR YOUR GOOD SIR. AND FOR WHAT IT'S WORTH. I DID MEET WITH THE APPLICANTS IN ADVANCE ON MULTIPLE OCCASIONS OFFERED TO MEET WITH THEM. I KNOW THE STAFF MET WITH THEM. I ALSO HAVE A SCHEDULED MEETING WITH THEM ON JULY 6TH TO GO OVER IT AGAIN. AND MEET WITH THEM TO TRY AND PUT TOGETHER THE PROCEDURES TO MAKE SURE. AND SIR IF AFTERWARDS IF I GIVE YOU IF YOU GIVE ME YOUR EMAIL, I'LL BE HAPPY TO PROVIDE YOU WITH THE EIGHT PAGE DOCUMENT. I GAVE THEM IN ADVANCE AS WELL. AND I'D LIKE TO SAY THIS THAT WE HAVE FIVE COMMISSIONERS UP HERE. WE REPRESENT THE ENTIRE CITY OF STEWART. THE PLACES THAT WE STILL HAVE A NUMBER. IT'S HIS CALL A SEAT NUMBER.

WHAT WE REPRESENT THE ENTIRE CITY OF STEWART AND OUR BEST TIMES WE ACTUALLY WORK AND WE WORK HARD AT WHAT WE DO AS COMMISSIONERS AND HIS LEADERS. THE BEST TIME IS TO GET US IN A MEETING CALL US WE WILL SIT WITH YOU FOR AN HOUR, TWO HOURS. WHATEVER IT TAKES, WE WILL TALK TO YOU. BUT WHEN YOU COME FOR THE THREE MINUTES. THAT'S NOT THE TIME AND THAT'S NOT THE ONLY TIME TO GET AN ANSWER, AND I KNOW THAT'S PROBABLY BELABOR IN SOMETHING THAT EVERYBODY KNOWS WHAT WE JUST WANT TO REMIND PEOPLE AGAIN. YOU JUST YOU DON'T HAVE TO WAIT TO COME TO CITY HALL AT THE APPOINTED DATE AND HOUR TO SPEAK TO US. WE ARE HERE WE ARE AVAILABLE TO 885312. CALL SET AN APPOINTMENT WILL BE AVAILABLE WILL COME TO YOU, OR YOU COME TO US. WE'RE GOING THE FIELD WILL DO WHATEVER. UM BEAT SOMEWHERE COFFEE. THE ANTE CHAMBERS WERE HERE AVAILABLE, SO THAT'S NOT THE ONLY TIME WE HAVE THIS COURSE. SO, PLEASE REMEMBER THAT. AND USE THAT OPPORTUNITY AND USE IT WISELY THINK THE SAME THING GOES FOR STAFF CITY MANAGER AND THE CITY ATTORNEY, MR. MARK, MR MEYER. SHALL WE CALL THE QUESTION? MADAM MAYOR? YES SIR. I WAS I WAS ABOUT TO CALL THIS FIRST READING. WE HAVE. WE'LL HAVE ANOTHER CHANCE TO TALK MORE IS OUR FIRST READING. UM. CALL THE QUESTION. UM WE'RE GOING TO HAVE, UH. THE CITY CLERK. OKAY, SO WE SEE. THE CLERK HAS CONFIRMED THE MOTION IN THE SECOND, UM I SEE THE CLERK. COMMISSIONER BRUNER. YES, COMMISSIONER MEYER? YES. BY SAMEER MATHESON. YES COMMISSIONER MACDONALD MAYOR CLARKE. YES, THANK YOU. WE'RE NOW AT ITEM NUMBER NINE. WHICH

[9.  

VARIANCE TO REDUCE THE UPLAND BUFFER DISTANCE TO SIGNIFICANT WETLAND RESOURCES (RC):

 

REQUEST FOR A VARIANCE TO THE CITY'S LAND DEVELOPMENT CODE, SECTION 5.03.02.C.1 AND 4, FOR A REDUCED MINIMUM UPLAND BUFFER DISTANCE FROM OUTSTANDING WETLAND RESOURCES, REDUCED AVERAGE UPLAND BUFFER AND REDUCED CONSTRUCTION SETBACK FROM WETLANDS, FOR LOT 5/6 INDIAN GROVES DRIVE.

 

]

IS A VARIANCE TO REDUCE UPLAND BUFFER DISTANCE TO SIGNIFICANT WETLAND RESOURCE IS AND, UM IS THAT STAFF GROWTH MANAGEMENT DEPARTMENT DISCUSS THAT. YES, MA'AM. UM THIS ITEM IS A

[01:40:08]

REQUEST FOR A VARIANCE. IT'S BEFORE THE. CITY COMMISSION TONIGHT BECAUSE THE BOARD OF ADJUSTMENT DOES NOT HAVE THE AUTHORITY TO GRANT VARIANCE FOR, UM UPLAND BUFFER DISTANCES. SO THIS IS A REQUEST TO A VARIANCE TO THE CITY'S LAND DEVELOPMENT CODE. SECTION 5.3 POINT 02 POINT C. 0.1 AND. FOUR FOR A REDUCED MINIMUM UPLAND BUFFER DISTANCE FROM AN OUTSTANDING WETLAND RESOURCES. REDUCED AVERAGE UPLAND BUFFER. REDUCED CONSTRUCTION SET BACK FROM THE WETLANDS FOR A LOT FIVE. SIX ON SOUTHWEST INDIAN GROVE DRIVE IN ORDER TO ACCOMMODATE A SINGLE FAMILY DWELLING. IN GENERAL, AS I SAID, STATED EARLIER. THESE VARIANCES ARE NORMALLY GRANTED BY THE BOARD OF ADJUSTMENT. UM. IN THIS RESPECT, THEY DO NOT HAVE AUTHORITY TO GRANT A SETBACK TO A WETLAND BUFFER. SO THIS IS WHY IT'S BEEN BROUGHT FOR TWO COMMISSION TONIGHT. THERE ARE LIMITATIONS TO GRANTING VARIANCES. UM. SO YOU HAVE TO LOOK AT VARIANCES THAT WILL NOT BE IN CONTRARY TO THE PUBLIC INTEREST WHERE GOING TO SPECIAL CONDITIONS A LITERAL ENFORCEMENT OF THE PROVISIONS OF A CERTAIN PART OF THIS CODE.

WILL IN AN INDIVIDUAL CASE RESULT IN UNNECESSARY HARDSHIP SO THAT THE SPIRIT OF THE CODE SHALL BE OBSERVED PUBLIC SAFETY ON WELFARE SECURED AND SUBSTANTIAL JUSTICE DONE.

NUMBER OF FINDINGS THAT COMMISSION WOULD NEED TO GO THROUGH AND YOU WANT ME TO LIST THOSE AS WE GO OR MOVE ON. I'M OKAY TO MOVE ON. YES. HIM. YEAH. SO WE START WITH THE COMPREHENSIVE PLANNING DISRESPECT. COMMISSION. UM. MAYBE HAVE A RECOLLECTION OF THE APPRAISAL. AND ASSESSMENT REPORT THAT WAS DONE RECENTLY. AND IN PART OF THAT THERE WAS A DISCUSSION REGARDING WETLANDS AND BUFFERS TO WETLANDS IN TERMS OF RESIDENTIAL PROPERTIES THAT WE'RE FRONTING, UM. PARTICULAR CREEKS AND WHETHER OR NOT THAT THEY COULD ACCOMMODATE THE 75 FT THAT WERE. ALLOCATED INTO THE COMPREHENSIVE PLAN. IN TERMS OF THAT DISCUSSION WAS HELD, AND, UM, THE. IN CERTAIN INSTANCES, PRESIDENTIAL PROPERTIES WOULD BE EXEMPT, AND THAT IS A TYPE OF IN THAT CODE. FROM THE MINIMUM AVERAGE, BUT FOR 50 FT AND MINIMUM WIDTH OF 25 FT. THOSE ARE THE PROPERTIES IN QUESTION THAT WERE PLACED IN THE COMPREHENSIVE PLAN AND YOU CAN SEE THAT THEY'RE PRIMARILY RESIDENTIAL PROPERTIES. UM MOST OF THE EXISTING PROPERTIES ARE ALONG THOSE. I DO NOT MEET THE 75 FT SET BACK. THE PROPERTY IN QUESTION. TONIGHT IS LOT 56 INDIAN. GROVE DRIVE. THE REASON FOR THE VARIANCE, EVEN THOUGH THE COMPREHENSIVE PLAN ALLOWS A REDUCTION IN THE BUFFER. IN THE LAND DEVELOPMENT CODE AT. TWO POLICIES. 5.3 POINT 02, C ONE AND 5.3 POINT 02 C FOUR THE IS A REQUIREMENT FOR A. MINIMUM AVERAGE WIDTH OF AN OPULENT BUFFER AROUND AN EXISTING RESOURCE WETLAND SHALL BE 75 FT AND, AT NO POINT BE LESS THAN 50. FT. AND THOSE ARE THE TWO ISSUES THAT WE FACE IN THE. AND DEVELOPMENT REGULATIONS AND THE REASON FOR THE VARIANCE TONIGHT. AND ALSO THE LAND DEVELOPMENT REGULATIONS INCORPORATE A REQUIREMENT FOR CONSTRUCTION SETBACK OF 10 FT FROM THE UPLAND BUFFER. SO THE REQUEST TONIGHT IS FOR A. REDUCTION IN A, UM UPLAND BUFFER. REQUIREMENT OF 75 FT. UM. CONSTRUCTION SETBACK OF REDUCTION TO ZERO FT. AND. THE PROPERTY IS LOCATED LOCATED ADJACENT TO PROPERTY AND CREEK. SO THERE'S A REAL FOR THE LOCATION OF PROPERTY. IT'S ZONED R THREE. AND NOW WE'RE GOING TO GO THROUGH THE.

RESTRICTIONS ON THIS PROPERTY BASED ON THE EXISTING CODE AND COMPRESSIVE PLAN REQUIREMENTS.

[01:45:03]

SO IF WE FIRST OF ALL, ALLOCATE THE SETBACKS TO AN R THREE FOR A SINGLE FAMILY, UM, DWELLING ON THIS, YOU CAN SEE THE FIVE FT SIDE SETBACKS. 15 FT FRONT SETBACK IS CAN BE SET IF THE DWELLING HAS A PORCH. OTHERWISE IT'S A 25 FT FRONT SETBACK. THE REAR SETBACK WOULD NORMALLY BE IN TERMS OF AN R THREE, UM, A MINIMUM 15 FT. HOWEVER WE HAVE WITHIN THE SITE A WETLAND BOUNDARY. AND THE LOCATION OF A 75. FT. WET WILL BUFFER WOULD AND. ALL RESPECTS. TOTALLY, UM.

WE ELIMINATE ANY DEVELOPMENT RIGHT UPON THAT PROPERTY. EVEN THE 50 ROUTES IN THE 50 FT.

WETLAND BUFFER WOULD ONLY ALLOW CERTAIN SMALL SEGMENT OF THAT PROPERTY TO BE BUILT UPON. AND THEN IF WE APPOINT THE 10 FT CONSTRUCTION SET BACK TO THE 50 FT WETLAND BUFFER, THEN THAT AREA REDUCES FURTHER. IF WE APPLY THE COMPREHENSIVE PLAN REQUIREMENT ALLOWANCE TO 25 FT WETLAND BUFFER. AND THE DEVELOPABLE AREA OF THAT LOT BECOMES MORE REASONABLE AND COULD ACCOMMODATE A REASONABLE SIZED SINGLE FAMILY HOUSE. IF WE APPLY THE 10 FT CONSTRUCTION SET BACK, AND OBVIOUSLY THAT IS REDUCED AND MAYBE. A SMALLER, VERY SMALL, SINGLE FAMILY RESIDENCE COULD BE ACCOMMODATED IN AND THERE. UM, BUT IT'S STILL QUITE RESTRICTIVE. SO THE VARIOUS REQUEST IS. FOR REDUCTION TO 25 FT OF THE WETLAND BUFFER. THE ELIMINATION OF A 50 FT AVERAGE WETLAND BUFFER AND THE ELIMINATION OF THE 10 FT CONSTRUCTION SETBACK.

AND THAT'S STAFFS PRESENTATION. THE COMMISSION AFTER WE SHOULD REVIEW THE CRITERIA FOR REVIEWING A VARIANCE. RECEIVED TESTIMONY FROM THE APPLICANT AND THEN RECEIVE PUBLIC COMMENT AND THEN MAKE A DETERMINATION. THANK YOU, CHAIR. MM. BOARD MEMBERS. MARRIED TO HAVE A QUICK QUESTION FOR MR FREEMAN. DO YOU HAVE. THE SQUARE FOOTAGE BREAK DOWN OF THE YELLOW AREA ON THE SLIDE. THAT YELLOW AREA THERE NOW IS APPROXIMATELY 2500 SQUARE FEET. CAN YOU GIVE ME THAT SAME BREAKDOWN IF YOU REMOVE THE 10 FT THAT WOULD REDUCE IT TO AROUND 2000 SQUARE FEET. SO AROUND 2000 SQUARE FEET WITHOUT ENCROACHING ON THE 10 FT CONSTRUCTION SECTOR.

CORRECT. THANK. MHM. THAT'S SOMETHING ANY OTHER COMMENTS SUNDAY. STAFFS PRESENTATION RESORT REGARDING THIS VARIANCE AND THE UH HUH. WETLAND OFFER AREA, MADAM ERA HAVE A KIND OF A PROCEDURAL QUESTION, I GUESS. WITH THE LAST. UHH. APPLICANT ON THE NEIGHBORING PARCEL THEY HAD REQUESTED TO WHILE THEY HAD REQUESTED. I BELIEVE TO CHANGE ZONING. NO, THE THERE ARE THREE DISALLOWED. FLEX RIGHT. THERE WERE SOME THEY THERE WAS AN ALSO A FURTHER REQUEST TO ELIMINATE OR REDUCE THE FRONT SETS OF ACTS AS WELL. WHICH MADE IT AND THIS LIKE IF I GO BACK TO THE AERIAL. YOU'LL SEE THE DIFFERENTIAL BETWEEN THAT LOCATION RIGHT? WHICH IS ADJACENT TO THE LEFT, WHICH IS A FAR LONGER. RECTANGULAR SITE. THIS IS A MORE COMPRESSED SITE, RIGHT? I GUESS I'M JUST CURIOUS AS TO WHY, WITH THE. WITH THE PREVIOUS APPLICATION. WE DID SEE SOME RENDERINGS AND SOME PROPOSED SITE PLAN, ALTHOUGH WASN'T YOU KNOW HARD IN THE WAY THAT YOU WOULD RECEIVE IT FOR DEVELOPMENT PERMIT. MM. IF WE WERE TO GRANT THIS VARIANCE, LET'S JUST SAY WE WERE TO GRANT THIS VARIANCE PER STAFF'S RECOMMENDATION THIS EVENING. UM WE THEN LOSE ANY. THE ABILITY TO HAVE THE PROPERTY OWNER. COME BACK TO US TO LOOK AT WHAT WOULD BE BUILT THERE AT THIS MOMENT. YES THERE'S NO OBLIGATION FOR THE PROPER TUNE IT TO REAPPEAR. UM THERE COULD BE CONDITIONS PLACED ON THIS VARIANTS, TOO. 12 TO A SINGLE FAMILY. HOUSE. I DON'T KNOW IF THE APPLICANT WANTS TO TALK ABOUT THAT. I THINK PART OF WELL FOR ME ANYWAY. PART OF THE REASON WHY I WAS HESITANT TO APPROVE THE VARIANCE IN THE

[01:50:01]

PAST CASE WAS THAT WE WERE LOOKING FOR I WAS REALLY INTERESTED IN THE ACTUAL.

ELEVATIONS THE FLOOR PLAN THE SITE PLAN JUST TO HAVE IT BE A LITTLE BIT MORE. YEP GRACEFUL ON THE. WETLAND AND BUFFER. AND WITH THIS WE DON'T HAVE THAT POTENTIAL INFORMATION. THE APPLICANT DID SUPPLY. UM SOME PLANS EARLY ON, BUT THEY WOULD NOT FIT INTO THE REDUCED AREA, OKAY? UM. THE OTHER CONCERN I HAVE IS THAT YOU KNOW, I MEAN, CERTAINLY. WE HAVE ONE ISSUE HERE, WHICH IS. WE'RE PROTECTING WETLANDS AND BUFFERS IN OUR IN OUR CODE, BUT. WE'RE ALSO I'M THINKING ABOUT, YOU KNOW THE FUTURE OF SEA LEVEL RISE AND FLOODING AND THIS PARTICULAR AREA IS QUITE. ENDANGERED INTO THE FUTURE AND PERHAPS THE NEAR FUTURE. AND SO I'M WONDERING THE WISDOM OF US APPROVING. A VARIANCE TO FOR SOMETHING TO BE BUILT THAT COULD BE FLOODED IN THE NEXT. YOU KNOW REGULARLY WITHIN THE NEXT 20 TO 30 YEARS. ALL RIGHT.

I SEE THAT WE HAVE HERE. WE HAVE A MEMBER OF THE PUBLIC WANTS TO MAKE A COMMENT. IS THE APPLICANT. SEATTLE? YES, YES. NAME IS KAREN JOHNSON. I PURCHASED THE PROBLEM PROPERTY IN 2000 AND FOUR OH, I LIVE IN JENSEN. I MOVED HERE IN MARTIN COUNTY IN 1972. I PURCHASED THIS, YOU KNOW FOR THEM, AND AT THE TIME THERE WAS A 25 OR 20 FLIPS THAT BACK AT THE TIME, SO IT LOOKED VERY, UM BUILDABLE. AFTER ALL THE NEW SETBACKS AND THE BUFFERS IT WAS UNBILLED HERBAL. BUT I DID NOT KNOW THAT UNTIL I CAME TO OTHER GENTLEMEN'S. MEETING. I'M HERE AND SO I HAD AN ARCHITECT. DRAW UP SOMETHING THAT WOULD FIT ON THEIR PROPERTY. SO WE WOULDN'T GET THE 10 FT BUFFER. THE, UM. EAST SIDE OF THE PROPERTY COULD ONLY BE LESS THAN 10 FT. WIDE OR LONG. HOWEVER, YOU WANT TO LOOK AT IT. WELL, SORRY. DUKE MAY SHOW THIS TO YOU. THINK IT'S SIMILAR TO WHAT WE'RE SEEING LEVELS. ALL RIGHT. TO BE HANDED TO US, AND THEN YOU CAN WE CONFESS IT AROUND. SO. MY PROJECTION IS NOT TO PUT A HUGE DUPLEX ON LIKE MR DOUGLAS.

WHATEVER HIS NAME WAS. IT WAS NOT TO DO THAT. IT MAY BE APPROXIMATELY 2500 SQUARE FEET TO THE MIX. ON THE LEFT SIDE OF THE PROPERTY. YOU CAN SEE THAT ABOVE THE GARAGE. I MAY PUT ON THE ONE BEDROOM LIKE AN APARTMENT UP THERE OR A RESIDENT FOR MY DAUGHTER OR SOMEONE YOU KNOW THAT COULD LIVE THERE. BECAUSE I KNOW IT WAS OWNED R THREE. UM SO. I JUST WANT TO LET YOU KNOW THAT I PAID OVER $30,000 IN TAXES IN THE LAST 17 YEARS. I DID HAVE THE DEPARTMENT OF. ENVIRONMENTAL PROTECTION. COME AND LOOK AT THE PROPERTY. IT HAS ONLY RISEN LIKE LESS THAN A HALF OF A FOOT. SO I DO HAVE I DO HAVE THE STUDIES? ON RECORD.

UM. THE ARMY CORPS OF ENGINEERS START YOU GUYS. THIS IS REALLY OUT OF MY WHEELHOUSE. UM, UM THEY ARE DOING THE STUDY AS WE SPEAK. SO THERE WAS THERE WAS ONE LITTLE DISCREPANCY. AND IT WAS UM YEAH. THAT'S THE ONLY DISCREPANCY OF THE SIZE OF PROPERTY THAT I WAS SORRY. THE FOOTPRINT THAT I WAS TRYING TO BUILD. SO, UM. IT'S PRETTY MUCH IT IF NOT, THE LOT IS INVULNERABLE. AND I'M BEGGING AND ASKING FOR YOUTUBE. YOU'RE ASKING FOR THE 10 FT CONSTRUCTION, UM, BUFFER TO BE WAIVED? YES. YOU NEED THE ENTIRE 10 FT. I DO, BECAUSE IF IT'S NOT, IT'S NOT DOUBLE. SELL AND 11 STORY BUILDING YOUR PLAN, AND IT WAS LIKE A 1.5. IT WAS ABOVE THE GARAGE, BECAUSE IF YOU LOOK ON THE PROPERTY, THE WEST SIDE OF THE PROPERTY WHAT IS ABOUT 40? EIGHT FT BUILDABLE. AND SO THAT WAS MY ONLY POTENTIAL TO EVEN TRY TO GO IN FOR A THREE BEDROOM OR TWO GOING UPSTAIRS. KIND OF LIKE A YOUR PLANET LIKE TETRIS, BELIEVE ME LOOKING AT THAT ARE MY ARCHITECTS SAID YOU KNOW, FIGHTER. CHORE GIVE THEM THE GIVE HIM CREDIT FOR CREATIVITY WELL, AND IF I CAN JUST SAY I'M THANK YOU FOR BRINGING THESE RENDERINGS BECAUSE THIS IS SORT OF WHAT I WAS LOOKING FOR SOMETHING TO THIS EFFECT WHERE YOU ARE. YOU ARE. CHANGING THE BUILDING FOOTPRINT TO ACCOMMODATE THE WETLAND BARRIER. AND THEN I JUST WANT TO LET YOU KNOW THAT WHEN BEG DID THEY'RE DREDGING OUT IN ST

[01:55:03]

LUCIE LECONTE? I DON'T KNOW. OF LIKE, WHAT YEAR? BUT WE ALLOWED, UM. MCCARTY ENGINEERS TO USE MY PROPERTY BECAUSE IT WAS THE ONLY ONE THAT DIDN'T HAVE MANGOES. SO I DO I DO ENDED. ALLOW THE CITY TO USE MY PROPERTY FOR A BARGE AND. BELIEVE ME WHEN I DROVE DOWN MY STREET AND SAW A BARGE ON MY PROPERTY. I WASN'T HAPPY, BUT I DID ALLOW THEM TO USE MY PROPERTY FOR A LOT OF THINGS. UM WELL, I DON'T WANT TO. HUNG UP ALL OF THEM. GOING TO GET EVERYBODY A CHANCE TO LOOK AT THIS IF YOU WANT TO SEE THE REST OF IT. I MEAN, THIS IS KIND OF THE NUTS AND BOLTS. STAFF YOU'VE SEEN THESE PLANS? YEAH, THE ONLY COMMENT STUFF WOULD MAKE IS THAT THE FOOTPRINT, ISN'T IT? UM FIT INTO THE. THE AREA THAT IS WITH THE THERE'S A SLIGHT CLIP. ONE OF THE PIECES YES. DRINK WHAT? WE'RE HERE THAT THIS SHOWS WHERE EVERYTHING FITS IT. NO IS THAT A REVISED ONE? THAT'S A REVISED ONE. BUT AT THE VERY LAST THE SECOND LIKE. LEDGE OR EDGE OF THE HOUSE ON THE EAST SIDE. IT HAS TO BE TWEAKED ABOUT. THINK IT SAYS. 15 INCHES, SO I HAVEN'T WRITTEN ON ONE OF THOSE PAPERS THAT I HAD TO. I HAVE TO HAVE THE ARCHITECT ON YOU KNOW? DIMINISH OR, YOU KNOW, MINIMIZED JUST THAT.

CHECK. THAT AMERICAN ASK A QUESTION OF KEVIN. IS THERE ANY DISCUSSION ABOUT POTENTIALLY YEAH. REDUCING THE FRONT SETBACK IN ORDER TO MOVE EVERYTHING A LITTLE BIT FORWARD TO REDUCE THE IMPACT TO OUR BUFFER. WELL, WE DID NOT, UM. WE DID, YOU KNOW, DISCUSS THE FACT THAT THEY COULD COME TO 15 FT WITH A PORCH. WE THOUGHT THAT. ELIMINATE THEM. THE AMOUNT OF, UM. VARIANCES BUT I THINK IF. COMMISSION WERE MORE MINDED TO BRING IT FORWARD. UM.

IT MAY WORK. I MEAN, I WOULD PREFER TO SORT OF YOUR EXPERTISE ON. WHAT WE'RE LOOKING AT ONE OF THE YOU KNOW, ONE OF THE LOOK. CONSIDERATIONS WHEN WE LOOK AT A STREET IS THE YOU KNOW HOW THAT STREET FORM. YOU SHED THE RHYTHM AND THE, UH, THE FRONT SETBACKS ALONG THE HOUSING DOWN THERE, AND IF I IF I GO, IT'S FAIRLY REGULAR. DOWN THE STREET. EXCUSE ME, BUT WHEN THEY PUT THE NEW MPL BUILDING I'M SORRY. THE NEW F PL BLACK LINES IN IT DIMINISHED MY PROPERTY AGAIN. SO IF YOU LOOK ON THE EAST SIDE OF THAT PROPERTY THAT THE LINES HAVE KIND OF. ANGLED RIGHT? I MEAN, FOR BETTER WORDING. I DON'T KNOW, BUT IT'S ANGLED SO IT HAD TAKEN MORE OF MY PROPERTY. WOULD. I MEAN, I GENERALLY WOULD BE I WOULD PREFER TO WITHOUT DISRUPTING THE VIEW SHED IN THE SAFETY OF, YOU KNOW, DRIVING DOWN THE STREET AND HAVING A BUILDING, YOU KNOW, RIGHT UP AGAINST THE SIDEWALK. I'D PREFER FOR US TO MOVE IT FORWARD, IF POSSIBLE TO REDUCE THE IMPACT TO THE WELL AND SET BACK JUST AS A GENERAL PRINCIPLE. I KNOW WE TALKAH. LAT HEARING. AND AH! WE DID PASS. I MEAN, THIS WOULD HAVE TO BE BASED ON THE NEW CODES. THIS COULDN'T BE FILLED RIGHT? THIS WOULD HAVE TO BE STEM WALL OR YEAH. YEAH. UM. EVEN IF WE JUST MOVED IT FORWARD. UM A FOOT OR TWO. JUST TO GET US A LITTLE BIT FURTHER AWAY FROM THE. YOU KNOW, I DON'T KNOW IF THAT WOULD WORK WHAT WE DO, AND THE AFRICANS MENTION BECAUSE I TOLD THEM I'M WORRIED ABOUT BEING SO CLOSE TO THE ROAD. THERE IS, UM, THE APPLICANT MENTIONED IT. THERE'S AN F B NL. OVERHEAD LINE THERE AND. I THINK IT DOESN'T ENCROACH ON THE EASTERN SIDE OF THAT PROPERTY WHERE IT JOGS BACK. WHEN I BOUGHT THE PROPERTY, THE FTL LINES ARE NOT LIKE THAT. THERE ARE SO MANY CHANGES. SEE THE ELECTRIC POLE RIGHT TO THE RIGHT OF IT STANDING STRAIGHT UP. AND THEN THE NEXT POLL IS OVER ON MR DOUGLAS OR DOUGLAS ASIDE, AND IT KIND OF CUTS MY CORNER OFF. SO YOU HAVE TO STAY. THE 15 FT.

ON THE F P. L LINES, SO THAT'S HAVE BEEN RESTRICTED PRETTY TOUGH. WHAT? REALLY BOXING IN, UH WHAT'S THE AFGHAN L EASEMENT? AIR WHEN YOU BOUGHT THE PROPERTY. NO IT WAS NOT. I HAVE THE ORIGINAL. SO SINCE 2000 AND FOUR THEY GOT A NEW EASEMENT ON YOUR PROPERTY RECENTLY, PROBABLY IN THE LAST 5 TO 6 YEARS, THE F PALE LINES CAME IN DIFFERENTLY THAN THEY WERE ON BEFORE. I DO HAVE ALL THE ORIGINAL PAPERWORK THAT I HAD WHEN I BOUGHT IT IN 2000.

HOW MANY? WHAT'S THE SQUARE FOOTAGE OF THE PLAN? CURRENTLY RIGHT NOW IT'S ABOUT 1800

[02:00:05]

SQUARE FEET ON THE BOTTOM FLOOR AND. LIKE A ONE BEDROOM EFFICIENCY ABOUT 18 OR NO.

EIGHT SIZE 600 LESS THAN 600, SO NOT MORE THAN ABOUT 2500. NOT EXCEEDING ANY MORE THAN 2500 SQUARE FEET. KING AND NOTHING ELSE IS ZERO. YEAH UM, THIS I AM ALSO CONCERNED ABOUT, UM. THE IDEA BECAUSE WE HEARD THE SAME THING WITH MR WARNEKE ABOUT THE SETBACKS USED TO BE 20, AND THEY'VE CHANGED AND I WORRY THAT WHEN SOMEBODY SOLD THIS PROPERTY TO THESE. FOLKS THAT THEY WERE TOLD SOMETHING THAT WASN'T TRUE, BECAUSE OUR COM PLANNED. I MEAN, WE DIDN'T RECENTLY CHANGED AND INCREASE OUR SETBACKS TO MY KNOWLEDGE THAT. THE LAST THING THAT WE WENT THROUGH AFTER THE ER WAS TO PROVIDE FOR RELIEF IN THESE, I THINK FROM THERE WAS A PERIOD OF TIME IN THE CITY WHERE INACCURATE ADVICE WAS PROVIDED. RIGHT? THE PRISON IS WHEN THESE PROPERTIES WERE, UM, IN THE 2000 AND FOUR YEAH, BECAUSE THAT WAS THE SAME TIMELINE AS MR BORN EAC AND HE SAID THE SAME THING THAT LETTER THAT WAS SENT. REMEMBER THAT, MR ONE? YEAH. I HAVE THE APPROVAL PLANS THAT WERE APPROVED BY SOMEONE I DON'T KNOW. LIKE I SAID, THIS IS OUT OF MY WHEELS. BUT THESE ARE THE ORIGINAL PLANS SO MR MORTAL. DO YOU HAVE ANY INPUT.

TITLE SEARCH BEFORE I BOUGHT PROPERTY. I WAS THE ONE THAT PUSHED FOR THE INCREASE.

WETLAND BUFFER AND OUR COM PLANNED AND I YOU KNOW? BUT AT THE LAST HEARING REGARDING THE NEIGHBORING POVERTY, I. INTENT WAS NOT TO MAKE THE LOTS. ONE BUILDABLE AND I SUPPORT THE CHANGES WE'VE MADE. I IN MY MIND, I CAN SUPPORT. GOING BACK. TO THE 25 KEEPING THE 10 FT CONSTRUCTION BUFFER. KEEPING THE 10 FT CONSTRUCTION, BUT IN MY MIND, I FEEL LIKE THAT'S STILL A BUILDABLE LOT RIGHT NOW. THE PROPOSAL FOR US IS. 2400 SQUARE FOOT HOUSES. I GUESS I'D BE CURIOUS TO KNOW WHAT THE BUILDABLE SQUARE FOOTAGE IS KEEPING. ABOVE HIM.

FOR BUILDABLE SQUARE FOOTAGE. SEEMS SIGNIFICANT. WITH. KEEPING THE 10 FT CONSTRUCTION, BUT. I GUESS I DON'T WANT TO SET OF PRECEDENTS THAT. CHANGE ONE THING FOR MR BARNEY. THE INTENT WAS NOT TO REMOVE THE BUILDABLE QUALITY OF THE LAW. BUT WHEN MR BARNEY CAME BEFORE US AND STATED FINANCES HE WANTED TO DUPLEX. WITH RENTAL INCOME. I ALL SUPPORT THAT IN SOME AREAS OF THE CITY, BUT THESE PROPERTIES ALL IN YELLOW. INTENT OF. CHANGE WAS TO TRY AND PRESERVE. HIGH QUALITY WETLANDS, THEN RIGHT NEXT TO A RIVER AS MUCH AS POSSIBLE. HAVE A HARD TIME. SEEING THAT YOU COULDN'T REDUCE THE SQUARE FOOTAGE OF THE HOUSE. YEAH. AND NOT SQUARE FOOT. IT'S TRUE LIKE 11 FLOOR WOULD BE ABOUT NOT EVEN 1800. BEING BETWEEN 600 BECAUSE I'M GOING UP ONLY ON ABOVE THE GARAGE. THAT'S YOU KNOW, THAT'S THE ONLY REASON WHY IT WOULD BE A 25 SCHOOL 2500 SQUARE FOOT. IT'S BECAUSE I'M GOING UP, NOT THE FOOTPRINT. IT MAKES SENSE. YES. BUT THERE'S NOTHING PRESENTING PREVENTING YOU FROM GOING UP.

THE SMALLER THE POWER LIVES ARE GOING TO DICTATE THAT BECAUSE I CAN'T DO IT ON THE RIGHT WITH I WOULDN'T BE ABLE TO DO IT ON THE RIGHT SIDE AND STAY WITHIN THEIR 15 FT AND STAYING COMPLIANT WITH THE FBI LINES. WHAT IS I'M LOOKING FOR THE PLANT AGAIN ON THE ON THE RIGHT SIDE. THE NARROW SIDE. YES. YEAH, IT WOULD BE LESS THAN 10. FT YEAH, THAT'S WHAT I WANT TO BE ANYTHING. IF WE WERE TO PRESERVE THE 10 FT. IN ADDITION TO THE 25, YEAH, SO MRS HOUSE WOULD WOULD BE 15. IT WOULD BE LIKE 15 FT. AND THEN YEAH, SO IT WOULD BE LIKE 15 FT. AND THEN, UH, HERE. WOULD ONLY BE A 15 FT. DEEP HOUSE. I MEAN, ON THE SIDE AND ACTUALLY NOT ONLY

[02:05:03]

ON THE SIDE. BUT EVEN IF WE MOVE EVERYTHING FORWARD 10 FT. EVERYTHING GETS REDUCED BECAUSE EVEN IN THE CENTER BECAUSE OF THE PORCH IF YOU LOOK AT THE, UH, CAN HEAR THIS IS 25 ROUGHLY 25 FT. FROM HERE TO HERE. IT'S UH BIT BIGGER THAN THAT. FROM HERE. LOOKS LIKE IT'S 29 FT RIGHT HERE. SO IF YOU TAKE THIS, THIS SECTION OF THE HOUSE WOULD BE JUST CUT DOWN TO ALMOST NOTHING. MR MORTAL. DO WE HAVE ANY LEGAL LIABILITY FOR SETTING PRECEDENT ONE LOT DOWN WELL. YOU NEVER SAID PRESIDENT EVERY SINGLE TIME. YOU GUYS DO IT. YOU FOLLOW THE CODE AND YOU FOLLOW THE LAW. WITHIN THE NEXT 29 DAYS. SOMEONE WERE TO CHALLENGE IT, AND YOU WERE WRONG. AND IT COULD BE REVERSED BASED PLANT A CHALLENGE IF IT DOESN'T GET CHALLENGED ON DAY 31. IT BECOMES BINDING ON THIS PROPERTY, BUT IT DOESN'T YOU'RE NOT PASSING A NEW ORDINANCE.

YEAH THIS IS A VERY THIS APPROVAL BECOMES BINDING ON THIS PROPERTY. PROPERTY IN MIND YOU IF YOU LOOK AT THE PROPERTY, THERE WAS A BUILDING NEXT TO MR BOER NATION AND THE WEST SIDE OF HIS THAT WE'RE TRYING TO FOLLOW THEIR GUIDELINES IS REFINED, TRYING TO PUT. FORTUNE THAT'S RIGHT PLACE. GIVE IT EVERYTHING. WE TRIED TO COMPLY WITH EVERYTHING. AND TO MAKE IT BUILDABLE, AND AT THIS POINT NOT BE BUILT. HOW LONG HAVE YOU SAID YOU WANTED SINCE 2000 AND FOUR? I'VE OWNED IT SINCE 2000. MADAM MAYOR. I'LL JUST SAY I, UH I AGREE WITH YOU. VICE MAYOR. I MEAN, I'M HESITANT TO. EAT INTO OUR THE 10 FT SETBACK. IN ADDITION TO REDUCING THE MINIMUM SET BACK ON A CRITICAL. PIECE OF WETLAND, BUT I ALSO UNDERSTAND IN THIS CASE, YOU KNOW THE EXTREME LIMITATIONS HERE. UM. AS MUCH AS I WOULD LOVE TO SEE, YOU KNOW, A TINY HOME. POPPED RIGHT DOWN. THAT'S. EIGHT FT DEEP BUT I COULD MOVE INTO, UM, PROBABLY STILL COULDN'T AFFORD THAT, UH YOU KNOW? I THINK WE HAVE TO BE REALISTIC ABOUT THE INTENT OF WHAT? WHAT WE CAN DO THROUGH VARIANCE. SO I WOULD BE I WOULD BE UNWILLING TO ENTERTAIN. THE 25 FT AND WAVING THE 10, BUT I WANT. IRONCLAD ASSURANCES IN THERE THAT I MEAN, HOWEVER, WE CAN, TOO. KNOW THAT THIS ISN'T. AND NOT TO SAY THAT YOU WOULD AT ALL, BUT THAT THIS ISN'T JUST GONNA GET FLIPPED, AND WHOEVER WANTS TO DO WHATEVER IS JUST GONNA DO WHATEVER. NEXT DAY, YOU KNOW? THAT WE CAN HAVE SOME ASSURANCES THAT WHAT WE'RE SEEING HERE IS GENERALLY WHAT HE WAS GOING TO HAPPEN WELL ON ON LIKE I WAS HERE FROM MR COORDINATION ARE BORN IS MEETING AND HE NEEDED IT. TO SURVIVE FIRST, YOU KNOW ONE, HIS STICK YOUR SOCIAL SECURITY OR WHATEVER HE NEEDED FOR. I DON'T NEED THAT. THIS IS NOT GOING TO CHANGE MY LIFE ANY IN ANY IOTA. I DON'T KNOW WHAT I WANT TO DO WITH IT. I HAVE TO FIRST GET A BUILDABLE SO AND I THOUGHT IT WAS BUILDABLE OR I WOULDN'T HAVE SPENT. $30,000 IN TAXES, RIGHT? AND THAT'S WHERE I UNDERSTAND. I MEAN, THERE'S ALREADY ALL THESE TAXES PAID UNDER AN ASSUMPTION THAT YOU KNOW IT WAS MORE BUILDABLE THAN IT IS, EVEN THOUGH THE CODE HASN'T CHANGED. ONE LAST THING THAT I'M CURIOUS ABOUT THE PARCEL TO THE EAST. YES, THAT IS A CONSERVATION RIGHT IN PUBLIC CITY OWNED CITY OWNED? YES THERE'S A LITTLE AND BELIEVE ME. I'VE COME OVER THERE FOR NO FOR NO MEDS BEEN BEING BACK THERE AND I'VE TRIED TO KEEP THAT PLACE, YOU KNOW, AND YOU CAN SEE MINE IS THE ONLY ONE THAT HAS BEEN MANICURED EVERY MONTH. THERE IS A SMART I WILL NOT TOUCH ANY OF THE MAIN GIRLS. I HAVE ABOUT 8 TO 10 FT PATH THAT THERE ARE NO MANGOES. THAT'S WHY I CHOSE THAT LIFE. I SAW THE OTHERS, YOU KNOW, AT THE TIME. DIDN'T WANT THAT. I DON'T WANT TO CUT UP, YOU KNOW, MAN GROWS SO MINE HAS AN OPEN SPOT. I'M NOT GOING TO ENDANGER ANYTHING. I BELIEVE SHE'S GOING TO DO THE RIGHT THING, SO I'LL MAKE A MOTION FOR APPROVAL. WHAT DO YOU WANT TO ADD? WE'LL TALK. THE MOTION BY COMMISSIONER BRUNER. SECOND THE MOTION OF WITH HER DISCUSSION AND, YEAH, I JUST WANT TO HEAR. LOOK LET'S LOOK AT SOME OF THE MAKE SURE WE HAVE ALL THE ISSUES COVERED. YEAH, KEV, I MEAN, YOU YOU GUIDE ME, PLEASE. UM, YOU HAD MENTIONED THE REASON I'M. CHEWING ON THIS IS BECAUSE YOU HAD MENTIONED THAT WE COULD MAKE IT A CONDITION IS SO CAN YOU JUST WALK ME THROUGH WHAT ARE POSSIBLE CONDITION COULD BE. I THINK WE COULD BASE IT ON THE FACT THAT THE. THE PROPERTY SHOULD BE DEVELOPED FOR A SINGLE FAMILY ONLY UM. I DON'T KNOW IF WE COULD REFERENCE THAT

[02:10:02]

PLAN TO BE ADJUSTED TO FIT WITHIN THE VARIANCE HAS GRANTED. I DON'T KNOW WHAT'S ALLOWED TO I MEAN VARIANCE VERSUS YOU KNOW, LIKE AN ORDINANCE OF WHICH I'M USED TO ON. YOU KNOW WHAT WE SEE THERE WILL THERE ARE CONDITIONS IN THE VARIANCE ITSELF, OKAY? SO WE CAN ATTACH THAT WE CAN REFERENCE THE PLAN WITH THE CONDITION THAT THE FOOTPRINT. IS ACCOMMODATED WITHIN THAT PARTICULAR, UM. LIMITS OF THE VARIANTS IN THIS SINGLE FAMILY HOME DOESN'T PRECLUDE HER FROM PUTTING THE. I WOULD RECALL THE ACCESSORY DWELLING UNIT ABOVE THE GARAGE.

THAT WOULD BE YEAH, THAT WOULD BE, UH, IT WOULD BE ALLOWED WITHIN THE ZONING, OKAY? WHAT WE ARE SAYING IN THAT CONDITION IS IT WOULD NOT BE USED FOR A DUPLEX OR MULTI FAMILY. UM YOU'RE HAVING A SINGLE FAMILY WITH AN ACCESSORY. YEAH. IF WE CAN MAKE IT SO THAT GENERALLY WHAT WE'RE SEEING THERE IN THESE PROPOSED RENDERINGS IS WHAT WE WILL LIKELY SEE BUILT THERE. I COULD BE WILLING TO SUPPORT IT. I JUST I'M AFRAID OF. WAS CUTTING OFF, YOU KNOW, CHANGING BASICALLY THE BUILD ABILITY OF IT AND THEN JUST LETTING WHATEVER HAPPENED HAPPENED THERE. SO IF THE APPLICANT IS WILLING TO HAVE TO HAVE THOSE CONDITIONS, THEN. I ASKED HIM WHY ANYTHING JUST TO MAKE IT BUILDABLE HAD ASKED THE MOTION MAKER TO INCLUDE THOSE CONDITIONS AS PART OF THE MOTION. AND THEN I COULD SUPPORT IT. YEP. MR BRENNER.

HOPE THAT YOU GET TO MOVE INTO YOUR HOME. THANK YOU. RANA. DID YOU HEAR? YES YES, AND I WONDER, HAVE YOU CONSIDERED SOLAR POUNDS. YOU KNOW, JUST TRYING TO MAKE. IT'S NOT AN ORGANIZATION. I MEAN, YOU KNOW, IT'S BEEN A STRUGGLE, AND I DIDN'T KNOW IT WAS THIS. MUCH WORK. SORRY I WAS. THIS IS NOT MY WHEELHOUSE. ALRIGHT, THANK THANK YOU FOR YOUR THANK YOU FOR YOUR INFORMATION MUCH. MOTION IN THE SECOND. ARE THERE ANY MEMBERS OF THE PUBLIC COMMENTS ON THIS MOTION? HERE IN NONE ANY OTHER COMMISSIONERS HAVE ANY COMMENTS? I JUST WANT TO ASK THE VICE MAYOR. I MEAN, I SEE YOUR. I'M LETTING YOUR EYEBROWS ARE THERE THINGS IN THAT. I MEAN, I JUST DON'T WANT TO STEAM ROLL THIS. ARE YOU? I TORN LIKE A LOT OF DECISIONS.

WE ALL ARE. WELL, I THAT'S ALL I'M THINKING ABOUT. I MEAN, I'M THINKING ALONG YOUR LINES OF.

ASSURANCES THAT I LIKE THE FACT THAT WILL BE A SINGLE FAMILY HOME. YEAH. THERE'S NOT MUCH I DON'T THINK THAT WE HAVE. WORDY TO DO RIGHT. MY INTENT WAS NOT TO MAKE ALL THE LOTS ON BILL.

OKAY? ALL RIGHT. WE'RE READY, OKAY? SURE. VICE MAYOR MATHESON. YES. COMMISSIONER MCDONALD. YES COMMISSIONER MEYER? YES. COMMISSIONER BRUNER YES, MAYOR CLARK? YES. MADAM MAYOR. YES SIR. MR FREEMAN WOULD LIKE TO INTRODUCE SOMEONE. YEAH, I'D LIKE TO INTRODUCE YOU

[DISCUSSION AND DELIBERATION]

TO ERIN WILLETT, CA SHE JOINED US ABOUT TWO WEEKS AGO NOW. SHE'S DONE ABOUT FOUR WEEKS WORK IN TWO WEEKS, SHE GOT STRAIGHT INTO IT REALLY GOOD. SO WE'RE HAPPY, VERY HAPPY TO HAVE IN THE DEVELOPMENT DEPARTMENT. SHE'S THE SENIOR PLANNING AND DEVELOPMENT. GLAD TO HAVE YOU WELCOME TO THE CREW. THANK YOU. FIRE. YEAH. THANK YOU, UM ANY OTHER THINGS FROM THE BOARD. AS YOU'RE THE BOARD. SHALL WE ANNOUNCED ADJOURN? THIS MEETING ADJOURNED MEETING ADJOUR

* This transcript was compiled from uncorrected Closed Captioning.