RESOLUTION No. 81-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT BY AND BETWEEN THE CITY OF STUART, FLORIDA, AND THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT, FOR THE PURPOSE OF PROVIDING FUNDS TO LOCAL GOVERNMENTS IN ORDER TO FACILITATE THE ONGOING RECOVERY FROM THE COVID-19 PANDEMIC, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

]

AGREEMENT RESOLUTION NUMBER 81 2021, MR MARTEL. RESOLUTION ANYONE DASH 2021 OF RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE THE AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT BY IN BETWEEN THE CITY OF STUART, FLORIDA. AND THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE PURPOSE OF PROVIDING FUNDS TO LOCAL GOVERNMENTS IN ORDER TO FACILITATE THE ONGOING RECOVERY FROM THE COVID 19 PANDEMIC PROVIDING EFFECTIVE DATE AND FOR OTHER PURPOSES. THANK YOU CITY MANAGER. I DO APOLOGIZE IN OUR WORKSHOP I DID A PRESENTATION A POWERPOINT PRESENTATION WITH OUTLINING WHAT THE GENERAL OBJECTIVES WERE FOR THAT. I DON'T HAVE THAT WITH ME, SO I DON'T RECALL OFF THE TOP OF MY HEAD. WHAT? PERCENTAGE OR WHAT AMOUNT IS GOING TO EACH SPECIFIC ITEM.

THE. MAIN THING THAT HAS CHANGED AROUND THIS IS THAT. THE ORIGINAL ALLOCATION THAT WE BELIEVE WE WERE GETTING IN THE TREASURY FIRST PUT OUT THE SPREADSHEET WITH 6.4 MILLION AND SINCE IT'S REACHED TALLAHASSEE AND THE, UH READJUSTMENT THAT'S BEEN DONE THERE THE CITY IS ALLOCATED 8.1 MILLION AND CHANGE. WHICH IS REFLECTED IN THIS, UM IN THIS AGREEMENT. THERE'S A LOT THAT'S COMING OUT ABOUT WHAT THAT'S GOING TO BE SAID IN THE FINAL RULE VERSUS THE TEMPORARY RULE WHICH IS OUT RIGHT NOW, AND SO WE'RE ALL OF THE GOVERNMENT ENTITIES ARE KIND OF. CAUTIOUSLY UM MOVING INTO THE STEPS OF WHAT THEY HAD PLANNED BECAUSE SOME OF THE INFORMATION IS COMING OUT. IS LAYING HEAVIER RESTRICTIONS ESPECIALLY AS IT RELATES AROUND NONPROFITS AND ALLOCATIONS TOWARDS NON PROFITS UM TO DO SPECIFIC THING, SO WE ARE KIND OF ANTICIPATING WHAT THE FINAL RULE IS GOING TO SAY AND. BEING CAUTIOUS AS WE MOVE FORWARD ON ON THE ON THE ACT. THANK YOU COMMISSIONERS. FOR APPROVAL.

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MOTION FOR APPROVAL BY MR MCDONALD. IS THERE A 2ND 2ND 2ND? CAN MY COMMISSIONER MEYER CLERK? COULD YOU PLEASE CALL THE ROLL? MICHENER. MCDONALD YES MR BRUNER YES MAYOR CLARKE YES ICED MAYOR MATHESON. YES MR MEYER? YES, THANK YOU. AT THE END OF OUR CONSENTED CALENDAR.

[5.

LEGISLATIVE PRIORITIES FOR THE 2022 LEGISLATIVE SESSION (RC):

RESOLUTION No. 76-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING THE ADOPTION OF LEGISLATIVE PRIORITIES FOR THE 2022 LEGISLATIVE SESSION.

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HAVE COMMISSION ACTION ITEMS ARE LEGISLATIVE PARTIES FOR 2022. MR KOWALSKI HERE. MR HALL GUARD. TO BE RESOLUTION 76 2021 RESOLUTION THE CITY COMMISSION, THE CITY STUART, FLORIDA AUTHORIZING THE ADOPTION OF LEGISLATIVE PRIORITIES FOR THE 2022 LEGISLATIVE SESSION. GOOD EVENING MAYOR COMMISSIONERS BEN HOGARTH. I DIDN'T HEAR YOU BEN EARLIER WE CAN'T HEAR YOU.

SORRY BRING PULL IT ALL THE WAY DOWN TO YOU MIGHT BE ABLE TO DO IT THIS WAY. CAN YOU HEAR ME A LITTLE BIT BETTER NOW. OKAY. GOOD EVENING. COMMISSIONERS UH BEN HOGARTH. FOR THE RECORD I PUT TOGETHER A HANDFUL OF ITEMS FOR US TO KIND OF CONSIDER AND TALK ABOUT TONIGHT I'M GLAD COMMISSIONER MEYER DID BRING UP THE. LEGISLATIVE CONFERENCE WE DID KNOW THAT THE FLORIDA LEAKS CONFERENCE WAS GOING TO BE COMING UP. UNFORTUNATELY THE TIMING OF THE DELEGATION MEETING DIDN'T MAKE IT EASY FOR US TO BE ABLE TO CONSIDER EVERYTHING. WE KNEW WHAT WAS GOING TO COME OUT OF THOSE MEETINGS. SO CERTAINLY ANY COMMENTS ANY ITEMS THAT YOU WANT TO HAVE ADDED. MY RECOMMENDATION WOULD BE TO ADD THEM AND APPROVE THEM ALL AT ONCE. TONIGHT I CAN MAKE REVISIONS CERTAINLY WITH UM YOU KNOW, APPROVAL OR COMMENTS FROM COMMISSIONERS INDIVIDUALLY WE JUST THAT'S SOMETHING WE WANT TO GET OUT BEFORE THE END OF THE WEEK TO DELEGATION, THAT'S ALL. MAN MAN. JUMP IN MADAM MAYOR. OKAY JUST AS LONG AS IT WILL BRING UP THE THINGS THAT I WANT TO BRING UP OH, OKAY WELL, OKAY. GO ON. UM AND I DO APOLOGIZE I DIDN'T SEND THEM RIGHT AFTER THE MEETING LAST WEEK FOR INCLUSION IN THIS, BUT IT'S PRETTY SIMPLE I THINK FOR OUR PURPOSES, I MEAN, YOU KNOW. MY JOB IS TO TRY TO GET US TO ADOPT THE ENTIRE SLATE OF F L C PRIORITIES I DON'T NECESSARILY THINK THAT'S APPROPRIATE DON'T TELL MY BOSS IS OVER THERE. UM, BUT THERE ARE A COUPLE THAT RING THAT ARE REALLY IN LINE WITH. OUR PLANS AND OUR COME PLAN AND OUR STYLE AND OUR VISION UM SO THERE UH MR GOT ALREADY HAS A SECTION FOR P FAST I WAS ON THE POLICY COMMITTEE AT THE LEAGUE OF CITIES WHERE WE NEEDLED OVER THE LANGUAGE OF THE PFS UH POLICY PRIORITY STATEMENT FOR MONTHS UM AND BASED ON A LOT OF INPUT FROM. UTILITY DIRECTORS AND ALL LAWYERS AND WE CAME UP WITH SOME LANGUAGE. THAT IS GOOD IT ASKS THE STATE IT BASICALLY ASKED THE STATE TO GET ITS ACT TOGETHER TO FINALLY START TO WORK WITH THE EPA TO REGULATE P FAST PROVIDE FOR, UM REMEDIATION PLANS FOR TARGET LEVELS, AND I DON'T KNOW IF IT MAKES SENSE. I'LL JUST QUICKLY READ THE LANGUAGE IF WE WANT TO, MAYBE SEE IF WE CAN EDIT THAT. UM OR PFS, UH, THIS WOULD BE THE CITY OF STEWART SUPPORTS LEGISLATIVE ACTION TO ADDRESS GROWING CONCERNS ABOUT P FAST AND SOIL AND WATER INCLUDING THE ESTABLISHMENT OF SCIENCE BASED CLEANUP TARGET LEVELS IN CONJUNCTION WITH THE EPA. RESOURCES FOR TESTING AND RESEARCH, PUBLIC EDUCATION AND RISK ASSESSMENT GUIDELINES LIABILITY PROTECTION FOR ENTITIES WHO HAVE LEGALLY USED P FAST FOR FIRE SUPPRESSION OR HAVE PASSIVELY RECEIVED PFS. INTO OUR WATER AND SOIL AND THE DEVELOPMENT OF COST EFFECTIVE AND RISKED RISK BASED CORRECTIVE STRATEGIES FOR PFS.

SO IT'S ASKING FOR PROTECTION IT'S ASKING FOR RESOURCES IT'S ASKING FOR FORMAL DETERMINATION IN CONJUNCTION WITH THE P A. I'D ASK THAT. MAYBE THIS I DON'T KNOW TO YOUR POINT AT THIS POINT. THOSE ARE ALL GREAT POINTS I PERSONALLY AGREE WITH THEM. I WILL SAY THIS THERE'S ONLY A CAVEAT. WE DID HAVE A LOT MORE LANGUAGE FOR THAT ONE, AND, ACTUALLY IRONICALLY LANGUAGE THAT WE'VE LOOKED AT IN THE PAST. THE CHALLENGE THAT RAN INTO IS THAT OUR OUR ATTORNEYS AND VERY SENSITIVE TO WHAT WE'RE PUTTING OUT THERE, AND THAT'S WHY THAT SECTION IS VERY, VERY SHORT. OKAY, UM. BUT WE CAN CERTAINLY TALK ABOUT IT AND IF YOU'D LIKE, MAYBE SEND ME THAT LANGUAGE AFTER THIS AND I CAN TALK TO DAVE MR PETERS AND MAYBE WE CAN TALK ONE MORE TIME WITH OUR ATTORNEYS AND SEE IF THERE'S ANYTHING WE CAN EXTRACT OUT OF THAT YEAH, I WANT TO MAKE SURE WE DON'T RUN AFOUL OF OUR LEGAL STANDING RIGHT NOW. IN OUR CASE OKAY SO MAYBE WE'LL PUT THAT ONE ASIDE. THERE'S TWO OTHER ONES THAT ARE IMPORTANT I THINK WE SHOULD ADD ONE IS A TREE PROTECTION THERE'S A BIG PUSH RIGHT NOW FOR IN THE LEAGUE OF CITIES.

AND IN FACT, WE'RE TARGETING SOME LOCAL LEGISLATORS FOR THIS THE UM, POSITION WOULD BE THE CITY OF STEWART SUPPORTS LEGISLATION TO CLOSE LOOPHOLES. AND CREATE STANDARDS AND

[00:45:03]

CURRENT LAW EXEMPTIONS FROM MUNICIPAL TREE ORDINANCES THAT HAVE CAUSED LITIGATION AND ABUSES INCLUDING THE CLEAR CUTTING OF LAND PRE DEVELOPMENT. THE REMOVAL OF HEALTHY TREES THAT PRESENT LITTLE, IF ANY RISK TO PERSONS OR STRUCTURES CURRENT LAW SHOULD BE AMENDED TO APPLY ONLY TO DEVELOPED SINGLE FAMILY RESIDENTIAL PROPERTY. IDENTIFY INDUSTRY APPROPRIATE STANDARDS FOR ASSESSING TREE RISK AND IDENTIFY NECESSARY DOCUMENTATION AND THIS IS A BIG PUSH BECAUSE IN THE LAST SESSION THIS BAD BILL WAS PASSED INTO LAW THAT BASICALLY. LIMITS FREEDOM ALL TREE PROTECTION. ANYBODY CAN GO OUT.

IT'S VERY GRAY ANYBODY CAN GO OUT AND CUT DOWN ANY TREE BECAUSE THEY THEY THINK THAT IT'S A IT'S A DANGER TO PERSONS OR STRUCTURES SO THEY THE LEAGUE THINKS THAT THIS IS A.

THIS IS SOMETHING WE CAN MOVE ON THIS YEAR SO I'D LIKE TO GET THAT IN FRONT OF OUR LEGISLATORS. I'LL GIVE YOU THAT LANGUAGE AND WE CAN ADOPT. THESE HAVE ALREADY BEEN ADOPTED YES. THEY WERE ADOPTED BY THE BY THE, UM THE ENTIRE LEAGUE AND THEN THE FINAL ONE IS TRANSPORTATION FUNDING SUPPORTING LEGISLATION TO, UM TO DIRECT THE D O T TO ESTABLISH A GRANT PROGRAM. PROVIDE FINANCIAL ASSISTANCE FOR THE INSTALLATION OF PUBLICLY AVAILABLE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE ON PUBLIC OR PRIVATE PROPERTY.

PROVIDING TECHNICAL ASSISTANCE FOR THE DEVELOPMENT AND ADOPTION OF LOCAL OR REGIONAL PLANS FOR CHARGING RECORDING IN PROGRESS. ASSOCIATED EQUIPMENT. I GUESS THAT FEELS LISTENING.

AND IDENTIFYING ADDITIONAL TRANSPORTATION REVENUE TO SUPPORT INNOVATIVE INFRASTRUCTURE AND TRANSIT PROJECTS TO MEET THE SURGING TRANSPORTATION DEMANDS DRIVEN BY DRAMATIC GROWTH THROUGHOUT FLORIDA. THIS IS IN LINE WITH OUR. OF SUSTAINABILITY ACTION PLAN AND WORK WE'VE BEEN DOING LEADING THE WAY WITH ELECTRIC VEHICLE CHARGING IN OUR LITTLE CITY, SO. I GUESS MAYBE I WOULD MAKE A MOTION TO APPROVE. INCLUDING. THE TREE PROTECTION ORDINANCE AS I READ JUST NOW UM AND TRANSPORTATION FUNDING IN ADDITION TO THE EXISTING ONES, I'LL SECOND IT, OKAY? SURE HIS SECOND, UM. WE JUST FOUGHT ON THAT NOT TO ADD THAT TO THE LIST STORES IT JUST. YEAH MAYOR IN COMMISSIONERS OF IF YOU VOTE TO AMEND THAT WAY WHAT I CAN DO IS WORK WITH COMMISSIONER MEYER IN THE LANGUAGE OF THE LEAGUE HAS PROVIDED UH PUT THAT IN THERE. I DO HAVE TO GET THAT OUT TO THE DELEGATION BY THE END OF THIS WEEK. I'M SENDING IT TO RIGHT NOW. GREAT. SO IF YOU'RE ALL OKAY WITH THAT I WOULD LIKE TO HAVE A COPY WHEN YOU GET THROUGH BECAUSE MY TALK SO FAST. BUT I WOULD LOVE TO READ IT. IF YOU DON'T MIND ABSOLUTELY I CAN MAKE SURE THAT THE WHOLE COMMISSION CITY MANAGER ATTORNEY BOTH HAVE A COPY AS SOON AS THAT'S DONE, I ACTUALLY NEED TO WRAP MY HEAD AROUND THE TREE ORDINANCE ONE A LITTLE BIT MYSELF, SO THERE'S A THERE'S A BACKGROUND RIGHT BELOW IT THAT WE COULD INCORPORATE AS WELL. TWO THINGS. SO CAN WE JUST GO IN THOSE TWO ITEMS TO ADD THEM TO THE LIST? OH DO YOU WANT TO SEPARATE ON MY MOTION WAS TO JUST TO IMPROVE. THE.

LEGISLATIVE PRIORITIES WITH THOSE TOOLS. WELL, THE PEOPLE WAS, I GUESS. OR I BELIEVE THAT I BELIEVE THE MAYOR HAS SOME ITEMS OF OUR OWN BECAUSE WE'RE NOT READY AND WE'RE DONE. AND THE ENTIRE THING IS, SINCE HE'S MAKING HIS COMMENTS. I JUST WANT TO DO IT. ADAPT AS WE GO, OKAY? FOR CLARIFICATION THIS WOULD BE TO ADDITIONAL PRIORITIES TECHNICALLY I COULD PROBABLY WRAP IN I THINK IT MIGHT ACTUALLY BE BETTER JUST TO SEPARATE THEM. WE ALREADY HAVE ONE THAT'S ABOUT INFRASTRUCTURE GENERALLY AND RAILWAY. THIS ONE. I HEARD WHAT YOU WERE SAYING. AND I GUESS THAT IS MORE TOWARDS UM RENEWABLE ENERGY AND ALSO AH YOU KNOW ELECTRIC VEHICLES WE CAN PROBABLY SEPARATE THAT AGAIN THAT'S OKAY. OR IT CAN BE INCLUDED IN THE AS LONG AS THAT ELECTRIC VEHICLE CHARGING ASK IS IN THE. INFRASTRUCTURE IS IN THE TRANSPORTATION IT'S CERTAINLY THE PLEASURE THE COMMISSION AS FAR AS THE PEOPLE OF LANGUAGE IF OUR ATTORNEYS FIND THAT ACCEPTABLE THAT WE COULD PROBABLY MASSAGE SOME OF THAT LANGUAGE, TOO, OKAY? WE HAVE A CHANGE IN THE POTENTIAL CHANGES. PEOPLE LANGUAGE WE HAVE THE TREES. AND THEN WE HAVE AND THEN WE HAVE THE ELECTRIC. VEHICLE CHARGING INFRASTRUCTURE SUPPORT OF TRANSPORTATION SO I'LL MAKE A MOTION TO ADD THOSE. THOSE TWO AND POTENTIALLY EDIT THE LANGUAGE. REPEAT FAST TO PROVE THE OTHER ONES TOO. WELL YEAH, BUT THE MAYOR HAS SOME TRYING TO OKAY YOU WANTED YOUR QUESTIONS WE CAN EITHER SAY THAT WE'RE GOING TO DO ALL THESE THINGS AT THE END. AND ADD EVERYTHING TOGETHER OR JUST ACCEPT WHAT IS DOING NOW AND THEN WHEN WE DO THE FINAL THINK ONE VOTE FOR ALL JUST LIKE, OKAY OKAY ALL RIGHT. SO THAN ANY OTHER COMMENTS NOPE. ANYBODY ELSE HAS OTHER COMMENTS? EVERYBODY HAS GIVEN THEIR COMMENTS. OKAY, I JUST WANT I JUST HAD A COMMENT. TO ASK YOU, UM ABOUT YOUR KNOWLEDGE OF THE SADOWSKI FUNDS. FOR HOUSING DEVELOPMENT AND IF WE NEEDED TO HAD TO PUSH FOR THAT AGAIN IN THIS LEGISLATIVE UM, SESSION OR DO

[00:50:08]

YOU KNOW IF ANYBODY IN TALLAHASSEE IS THAT SOMETHING THAT'S STILL I THINK COMMISSIONER MAYER WOULD BE BETTER TO ANSWER THAT QUESTION. I SPECIFICALLY DID NOT ASK TO INCLUDE THAT BECAUSE THE ALTHOUGH WE ALWAYS WANT TO FIGHT FOR THE PROPER USE OF THE SADOWSKI TRUST FUND LAST SESSION. BILL WAS SIGNED INTO LAW THAT CHANGED THE WAY THIS HOUSING TRUST FUND WORKED. AND NOW THEY ARE LEGALLY REQUIRED TO SPEND THE MONEY HOWEVER THEY SPLIT IT UP INTO THREE PARTS. NOW THERE'S A THIRD OF WHILE MORE THAN A THIRD LITTLE LESS THAN HALF OF THE MONEY THAT GOES BY DUCK STAMPS GOES TOWARDS AFFORDABLE HOUSING PROJECTS. LIKE BY LAW CAN'T BE SWEPT. AND THEN THERE'S TWO OTHER PARTS THAT THEY'VE CLEAVED OUT OF THAT THAT ARE NOW GOING TOWARDS OTHER THINGS SO THEY'VE GIVEN THEMSELVES THE ABILITY TO SWEEP. HALF OF THE MONEY, BUT NOW THEY'RE PROTECTED SO WE DECIDED NOT REALLY TO MOVE FORWARD WITH AFFORDABLE HOUSING AS WE NORMALLY DO, BECAUSE IT'S ALREADY BEEN INTEREST THIS LAST SESSION. OKAY SO THAT WAS MY ISSUE. UM. SO WE HAVE THE CURRENT, UM. ITEMS I THINK THERE WERE FIVE ITEMS IN THE UM 2020 2022 LEGISLATIVE SESSION RESOLUTION 76 2021 WE'VE HAD THREE ADDITIONAL ITEMS. B 22 ITEMS TWO ITEMS IN A MODIFICATION. OKAY. TWO ITEMS OF THE MODIFICATION FOR THE PEOPLES. OKAY? UM AND IN MANY OTHER QUESTIONS I SHOULD PROBABLY JUST CLARIFY ONE THING ALTHOUGH OUR OUR ONE APPROPRIATION REQUESTS THIS THIS YEAR IS GOING TO BE AGAIN FOR MORE MONEY FOR ALTERNATIVE WATER SUPPLY PROJECT I DID SPEAK WITH MR MARTEL ABOUT. ONE OF OUR POLICY PRIORITIES HAS TO DO WITH THE INFRASTRUCTURE FUNDING OBVIOUSLY, WE'RE WAITING FOR THAT BILL TO BE PASSED ON FEDERAL HILL RIGHT NOW IF THAT IS PASSED THEN THERE COULD BE POTENTIALLY OTHER OPPORTUNITIES FOR US BOTH WITH FEDERAL AND STATE MONEY AT INFRASTRUCTURE. SOMETHING THAT WE THREW AROUND WAS RAILWAY INFRASTRUCTURE SPECIFICALLY, LIKE THE LIKE THE BRIDGE RIGHT HERE. I KNOW THAT'S SOMETHING THAT'S BEEN DISCUSSED IN YEARS PAST, NOT SAYING THAT'S GOING TO BE A SPECIFIC REQUEST BUT WE'RE GOING WE MIGHT BE ABLE TO USE AS AN EXAMPLE. WHEN THAT TIME COMES AS WELL. SO I JUST WANT TO ADD THAT CLARIFICATION. AND HAD TALKED TO COMMISSIONER MCDONALD UP THAT PREVIOUSLY AS WELL. OKAY THERE ARE NO OTHER COMMENTS. CLERK. COULD YOU PLEASE. CALLED THE RULES ON THIS ITEM. WE NEED A MOTION TO APPROVE IT. THAT WE HAD MADE EMOTIONS YOURS PUZZLING MR MEYER AND THEN SECONDED BY COMMISSIONER MCDONALD. OKAY, SURE. MR MCDONALD YES, COMMISSIONER BRUNER YES NICE MAYOR MATHESON. YES COMMISSIONER MEYER? YES. HARE CLARK? YES. THANK YOU. THANK YOU MR THANK YOU. JUST EMAIL IT TO YOU, BOGART AND I APOLOGIZE AGAIN. MAYOR FOR NOT HAVING THAT INCLUDED WITH THE DENVER.

[6.

AUTHORIZATION TO SELL 55 N.W. DIXIE HIGHWAY(RC):

RESOLUTION No. 80-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A VACANT LAND CONTRACT AND/OR ANY ADDENDUMS BETWEEN THE CITY OF STUART, FLORIDA AND MIDDLE ISLAND MANAGEMENT AND/OR ASSIGNS, FOR THE SALE OF THE CITY OWNED PROPERTY LOCATED AT 55 N.W. DIXIE HIGHWAY, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

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THE NEXT ITEM IS THAT AND NUMBER SIX AUTHORIZATION TO SELL 5 55 NORTHWEST DIXIE HIGHWAY RESOLUTION NUMBER 80 20. ANYONE MR MOORE TELL THIS IS A RESOLUTION 80-2021 OF RESOLUTION OF THE CITY COMMISSION OF THE CITY STEWART PHOTO AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXECUTED VACANTLY ON CONTRACT AND OR ANY ADDENDUMS BETWEEN THE CITY OF STUART, FLORIDA. AND MIDDLE ISLAND MANAGEMENT AND OR ASSIGNS FOR THE SALE OF THE CITY ON PROPERTY LOCATED AT 55 NORTHWEST DIXIE HIGHWAY PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. IN SUMMARY THIS WAS AN UNSOLICITED OFFER THAT CAME FOLLOWING UP A PRIOR RFP. THE CITY DID. IT'S TOO, UH THE PROPERTY KNOWN AS THE NORTH POINT AT THE APPRAISED VALUE.

IT AUTHORIZES THE. PURCHASERS TO OBTAIN AN APPRAISAL AND SUBMITTED TO THE CITY MANAGER GIVES THE CITY MANAGER AN OPPORTUNITY TO OBJECT TO THE APPRAISAL IF IT'S NOT AT THE ADEQUATE PRICING. GIVES THE PURCHASERS A LONG DUE DILIGENCE PERIOD SO THEY CAN CONFIRM ANY ISSUES. THEY HAVE TO DEAL WITH ANY LITIGATION OR THREAT OF LITIGATION AND ANY OTHER ISSUES THAT THEY COME UP ON THE PROPERTY. AND THEN IT'S BASICALLY A CASH CLOSING. OKAY? MR MEYER. I JUST HAD ONE QUESTION ABOUT IT SAYS HERE THAT THE SELLER THAT'S US IS RESPONSIBLE FOR AT OUR EXPENSE TITLE INFORMATION IS THAT OUR STANDARD PROCEDURE OR. IT'S NOT YOU CAN SPLIT THAT COST YOU CAN HAVE. THAT WAS THAT'S THE OFFER THEY PRESENTED IT CAN BE THE SELLER CAN PAY TITLE. THE REALITY IS WHEN YOU'RE WHEN YOU'RE SELLING THE PROPERTY A LOT OF TIMES THEY HAVE THE SELLER PAPER PAY THE TITLE BECAUSE YOU'RE REPRESENTING THAT YOU HAVE CLEAR TITLE. BUT SOMETIMES IN OUR CASE WE'VE HAD SOME ALLEGATIONS. I CAN TELL YOU RIGHT NOW. IT'S NOT CLEAR TITLE RIGHT SO I MEAN, JUST IS THERE ANY IS THERE ANY BALLPARK OF WHAT I MEAN? AT WHAT AT OUR EXPENSE WHAT THAT WOULD MEAN GENERALLY BASED UPON A PROMULGATED RADIUS WITH THE TITLE INSURANCES AND IT'S BASED UPON THE PURCHASE PRICE. IT'S GOING TO BE A COUPLE $1000 HOW MUCH YOU THINK IT WOULD BE THE PURCHASE PRICE ROUGHLY DO WE

[00:55:01]

THINK IT OPERATES I'M GUESSING IT WILL PRAISE SOMEWHERE LIKE 150 MILLION. IF IT'S A PROBLEM NO I HONESTLY I HAVE NO IDEA. GET YOU YOUR SIDEWALK UNDER THE BRIDGE REALLY DON'T WANT TO. I DON'T WANT NICE DICEY. TELL A APPRAISER WHAT I THINK IT'S WORTH. PROBABLY IF IT'S LIKE ONE, IF IT'S LIKE 1.25 MILLION THIS IS VERY ROUGH BUT PROBABLY UPWARDS OF $6500 SOMEWHERE AROUND THERE FOR TITLE INSURE TITLE INSURANCE. MAYBE A LITTLE MORE. MAYBE A LITTLE LESS I JUST I DON'T I DON'T KNOW ANYTHING ABOUT IT. I JUST WASN'T SURE IF THAT WAS HER STAY LATER AND PUT IN THAT NUMBER. FOR MR MARTEL I KNOW YOU GUYS CAN INSTRUCT US TO COUNTER FOR 50 SPLIT IT OR TELL THEM TO PAY THEM IT DOESN'T MATTER I'M NOT WILLING TO DIE ON THAT HILL. I'M FINE WITH THAT TO YOUR KNOWLEDGE, AND IT LOOKS LIKE IN THE LANGUAGE. THE.

PROSPECTIVE PURCHASER IS FULLY AWARE. OF THE TITLE HISTORY. THEY ARE AND THEY JUST WANT TO MAKE SURE THAT THEY HAVE AN OPPORTUNITY TO CORRECT IT. AND I BELIEVE THEY WILL BUT YES, AND WHEN I SAY FULLY AWARE OF THE TITLE HISTORY WE ALL THINK THERE'S WHERE THE TITLE HISTORY I DON'T KNOW IF SOMETHING GET RECORDED ON THE PROPERTY TODAY I DON'T THINK SO. BUT THEY'RE AWARE OF THE LITIGATION ISSUE AND THE MEMBERS AT LEAST BEING RECORDED AGAINST THE PROPERTY FOR SURE. AND THEN OF COURSE THERE'S STILL GOING TO WANT TITLE INSURANCE AND BASICALLY WITH THE LANGUAGE SAYS. GIVE CLEAR TITLE ACCEPTING THOSE ISSUES AND I'VE GIVEN HIM A COPY OF THE PRIOR TITLE POLICIES SO THEY'VE SEEN IT AND IN YOUR OPINION. THE CITY HAS EVERY RIGHT TO SELL THIS PROPERTY BASED ON THE REFERENDUM EVEN THOUGH WE HAD ANOTHER OFFER IT DOESN'T REFERENDUM LASTS FOREVER. OKAY? YEAH. THE REFERENDUM WAS THAT THE CITY HAD THE RIGHT TO SELL IT I'LL MAKE A MOTION TO APPROVE MED AMIR. SECOND.

RUSSIAN BY COMMISSIONER MEYER AND SECONDED BY PLACED ME AND MATHESON. APPROVED RESOLUTION NUMBER 80. ASH 2021 REGARDING AUTHORIZATION TO SELL. PROPERTY OWNED BY THE CITY OF STEWART, LOCATED 55. NORTHWEST DIXIE HIGHWAYS. COULD YOU PLEASE CALL THE ROLL? MAYOR CLARKE YES SITES. MAYOR MATHESON YES MISSIONER MCDONALD YES MISSIONER. BRUNER? YES, MR MEYER? YES? THANK YOU. THE NEXT ITEM IS ITEM NUMBER SEVEN AUTHORIZATION TO EXECUTE THE

[7.

AUTHORIZATION TO EXECUTE CONTRACT FOR SALE OF 1.78 ACRES (OSPREY PRESERVE)(RC):

RESOLUTION No. 83-2021; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A VACANT LAND CONTRACT AND/OR ANY ADDENDUMS BETWEEN THE CITY OF STUART, FLORIDA, AND E. CLARK GIBSON, FOR THE SALE OF THE CITY OWNED 1.78 ACRES PARCEL LOCATED SOUTH OF JENSEN BEACH BLVD. AND ADJACENT TO GREEN RIVER PARKWAY, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

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CONTRACT FOR SALE OF. 1.78 ACRES OSPREY PRESERVE. PLEASE READ THE RESOLUTION OF CITY MANAGER COULD GIVE US SOME BACKGROUND I DON'T SEE ANY OTHER STUFF HERE THIS IS RESOLUTION NUMBER 83-2021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXECUTED VACANTLY IN CONTRACT AND OR. ANY ADDENDUMS BETWEEN THE CITY OF STUART, FLORIDA AND E. CLARK GIBSON FOR THE SALE OF THE CITY OWNED 1.78 ACRES PARCEL LOCATED SOUTH OF THE JENSEN BEACH BOULEVARD AND ADJACENT TO GREEN RIVER PARKWAY, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

YES, MA'AM. THIS PROPERTY WAS ORIGINALLY GIVEN TO THE CITY FOR THE PURPOSE OF A POSSIBLE FIRE STATION LOCATION DURING THE DEVELOPMENT PROCEDURES FOR THE OSPREY PRESERVE WHICH IS THAT JENSEN BEACH BOULEVARD IN GREEN RIVER PARKWAY. AS WE'RE EXPANDING NORTH WITH OUR FIRE SERVICES WE'VE EVALUATED THE LOCATION AND SIGHTING OF LOCATIONS AND WE FOUND A BETTER SUITED PROPERTY LOCATION. AND AS A RESULT WE'VE RECEIVED AN UNSOLICITED SOLICITED OFFICE FOR THE PURCHASE OF THIS PROPERTY WE STRUCTURED IT SIMILAR TO YOUR PREVIOUS ITEM WITH THE, UH, REQUIRING AN APPRAISAL AND WITH THE 21 DAY, UM. COLD CASE WE COULD WE WERE NOT SATISFIED WITH THE APPRAISAL, MADAM MAYOR THANK YOU, MR MCDONALD. TWO THINGS ONE IS, UH. WE ADDRESSED ONE WITH THE ISSUE WITH THE CONTRACT FIRST I'M FINDING THE CONTRACT EXCEPT FOR THERE'S ONE CHANGE I'D LIKE TO MAKE MAKE UP AS A SEND IT BACK TO HIM. IS THERE ON THE ASSIGNMENT. AND ON THE ASSIGNMENT. IT SAYS THAT THEY CAN ASSIGN THE CONTRACT AND THEN BE RELEASED FROM LIABILITY UM, THAT'S NOT THE I'M PARAPHRASING AND I WOULD LIKE TO HAVE THE LANGUAGE CHANGED ON THAT. AND I JUST GOT TO FIND IT HERE. SORRY. MY GLASSES ARE FOGGING UP. MAY ASSIGN BUT NOT BE RELEASED FROM LIABILITY UNDER THE CONTRACT.

THE REASON THEY HAVE 90 DAYS FOR DUE DILIGENCE OR SOMETHING THEY GO OUT THERE ON THE PROPERTY YOU UNDER DUE JUNE, SOMETHING HAPPENS THERE'S DAMAGE TO THE PROPERTY EATERS.

YOU DON'T KNOW THEY ASSIGNED IT. AND THEN WE DON'T HAVE OR THEY ASSIGN IT TO SOMEBODY ELSE AND THEN THAT PERSON GOES AND DOES DAMAGE. WE DON'T KNOW WHO THEY ARE. WE DON'T KNOW IF THEY HAVE THE RESOURCES. OR TO DEAL WITH THAT SO THAT'S WHAT I'D LIKE TO DO IS CHANGE THAT. IF THE COMMISSION WOULD APPROVE THAT AND THAT'S BY THE WAY, THIS X SAME LANGUAGE THAT WAS IN THE CONTRACT THAT WE JUST APPROVED PRIOR THE SECOND THING IS THE PROCEEDS FROM THE SALE UH I'D WRITE SINCE THIS LAND WAS, DOESN'T IT TO BE A FIRE STATION I'D LIKE TO BE, UH ANY

[01:00:03]

PROCEEDS FROM THE SALE TO BE DESIGNATED TO PAY FOR EITHER LAND OR. CAPITAL EXPENSE AS FAR AS BUILDING A FIRE STATION NORTH OF THE BRIDGE. MY SECOND UM. ON BOTH AS LONG AS JUST NET PROCEEDS. YEAH, YEAH, YEAH, I GUESS YOU CAN APPROACH MADAM MAYOR. YES, SIR. I WAS AWARE OF COMMISSION MCDONALD'S CONCERNED ABOUT THE ASSIGN ABILITY AND BOTH THE PURCHASER AND HIS ATTORNEY HAVE AGREED TO THE LANGUAGE CHANGE. OKAY, SO I'LL MAKE THAT EMOTION THEN FOR TO APPROVE THE CONTRACT WITH THAT LANGUAGE CHANGE AND TO SET THE NET PROCEEDS UH ASIDE FOR FIRE STATION FOR EITHER FOR PROPERTY OR FOR CAPITAL IMPROVEMENTS FOR A FIRE STATION. THE MOTION WITH AMENDMENTS. IS THERE A SECOND? SECOND UM. COMMISSIONER MATHESON SECONDED COMMISSIONER MIGHT HAVE COMING. YEAH, I DO. THANKS. UH, SO I UNDERSTAND THAT THE IDEA ORIGINALLY WAS THAT THIS COULD BE A USEFUL LOCATION FOR FIRE STATION. UM. BUT I DON'T KNOW IF I WOULD AGREE HOLY THAT IT WAS. ENCUMBERED AS A LOCATION FOR OUR FIRE STATION. MY RECOLLECTION. UM. I KIND OF THOUGHT THAT FOUGHT AGAINST THIS DEVELOPMENT AND THE CRB AND THEN AS THE FIRST DEVELOPMENT REVIEW OF MY TIME ON THE COMMISSION. AND UM, I WAS CONCERNED ABOUT THE IMPACT TO QUALITY QUALITY WETLANDS ON THE URBAN FRINGE AND IN MY TELLING OF THIS, THIS WAS. WAY TO KIND OF MAKE GOOD A LITTLE BIT ON THAT FOR ME. AT LEAST THAT'S WHAT. PUT ME OVER THE EDGE ON THE END. UM, THIS IS A NICELY FOREST. IT'S. PEACE. UM CURRENTLY WITH COMMERCIAL LAND USE AND. UM THE ZONING ON IT AS I DON'T KNOW, LOOKING ON GS RIGHT NOW. I GUESS I. UNDERSTAND THE NEED FOR US TO FUND THE NEW FIRE STATION. WE ARE GETTING SOME MONEY FROM ART BUFFER THAT, UM. I JUST HAVE A LITTLE BIT OF HESITATION ABOUT.

YOU KNOW, I MEAN, THIS IS REALLY AT THE VERY END OF THE IF WE'RE TALKING ABOUT BRAWL IF WE'RE TALKING ABOUT DEVELOPMENT I KNOW IT'S STILL IN THE CITY BUT THIS IS ON THE VERY EDGE OF THE CITY AND IT WAS ORIGINALLY A PIECE OF LAND THAT MADE. AT LEAST ME FEEL A LITTLE BIT BETTER ABOUT ACTUAL WETLAND IMPACTS ACROSS THE STREET. AND IT'S GOT QUALITY PINE AND. UH, SUPPLEMENTAL HABITAT ON IT. I DON'T KNOW. UM ARE YOU? WOULD IT BE YOUR PREFERENCE TO RETAIN IT AND KEEP THE AND DEDICATED TO PRESERVE LAND. OR I WAS THINKING ABOUT THAT I WAS I WAS ACTUALLY NOT NECESSARILY READY TO SELL IT JUST NOW, UM. BUT BECAUSE IT IS A CRIME. I MEAN, IT IS A SORT OF ADJACENT TO PRESERVE LANDS AS PART OF THE WINDOW MIRROR. UM PROJECT. UM BUT AGAIN IT'S SO LONG. I MEAN, IT'S THE BACK PARCEL IT'S NOT FRONTING JENSEN BEACH BOULEVARD IT'S THE BACK PARCEL BEHIND, UM THE PANCREAS LAKES SUBDIVISION. SO I DON'T KNOW. I GUESS I DON'T FEEL COMFORTABLE WITH IT JUST NOW. UM BUT I ALSO IF IT WERE THAT THAT THOSE PROCEEDS OR AT LEAST SOME OF THE PROCEEDS WOULD GO TOWARDS. TREE PROGRAM I DON'T WANT US TO KEEP YOU KNOW WE'RE TALKING ABOUT WANTING TO PLANT TREES THROUGHOUT THE CITY AND URBAN REFORESTATION. WE'VE GOT TO. WE'VE GOT TO START GETTING SERIOUS ABOUT FUNDING THAT EFFORT. UP TO CHANGE MY MOTION TO PUT 25% TOWARDS TREES. WE HAVE MONEY IN OUR TREE FUND. WE HAVE ZERO MONEY AND OUR FIRE FUND. OKAY I'M GONNA GO BACK. I MEAN, I'M TRYING TO WORK OUT, BUT I DO WANT TO GET THE, UH, FIRE STATION FUNDED. WE HAVE TO DO THAT. AGREE WITH THE PRIORITY ON THE FIRE STATION I ALSO I GUESS I THINK I SHARE YOUR THOUGHTS ON MM. BEHIND, TOO. ACTUAL DEDICATED PRESERVING. I MEAN THIS IS RIGHT UP AGAINST PRESERVE LAND.

YOU KNOW, MAY I ASK HOW MUCH MONEY WE NEED? YOU'RE THE FIRE MILLION I THINK WITNESS MONEY NEEDS TO GO TO FOR THE. MILLIONS MILLIONS. OKAY? YEAH. I'D BE A 3 TO $4 MILLION PROJECT AT LEAST. LOVE TO WAIT ON APPRAISAL TO SEE EXACTLY HOW MUCH THIS WOULD YIELD THE OTHER THING IS WHEN YOU TALK ABOUT A FIRE STATION I MEAN, YOU CAN OBVIOUSLY THE SKY WOULD BE THE LIMIT YOU CAN MAKE IT THE BEST FIRE STATION IN THE COUNTRY OR A MINIMUM ONE. EITHER WAY, WE'RE RIGHT NOW. THE BUDGET HAS ZERO. WHAT IS THE CONSERVATION LAND UP AGAINST THEM TO THE NORTH OF IT THAT PROPERTY THE NORTH OF IT, IT'S THE PROPERTY TO THE ON THE OTHER SIDE OF THE STREET SO OKAY THAT'S NOT EVEN SO THIS PROPERTY IS NOT EVEN IN THAT WATERSHED, NOT CONTRIBUTE

[01:05:02]

US. THAT WAS WHERE I HAD THE HARD TIME I LOOKED GOLD MESSAGE IT'S NOT PART OF THE OSPREY PRESERVED PARCEL. IT'S ON THE OTHER SIDE OF GREEN RIVER, RIGHT? WELL, YEAH. IT'S I MEAN, IT'S ALL CONNECTED. OKAY, WELL, JUST MHM. PUTTING MY THOUGHTS OUT THERE. THANK YOU, MR MCDONALD. YOU HAD EMOTIONS. YES, MOTION TO AS A RESTATE MY MOTION TO, UH AUTHORIZED THE CONTRACT WITH THE CHANGES REGARDING THE ASSIGNMENT AND THEN USING THE NET FUNDS ARE BEING DEDICATED TO OUR FIRE STATION. OKAY? YEAH, I THINK COMMISSIONER MESS I'M SORRY.

ELECTORATE IS THEIR EMOTIONS, THEIR CONFIRMED SECOND TO THAT MOTION. A SPICE MAYOR MATHESON.

YES I HAD STILL STANDS I'M SAYING AS LONG AS NO. HE'S REPEATED THIS MOTION I'M TRYING TO SEE IF THE MOTION IS STILL ALIVE. IN CHINA ISN'T ON THE SECOND, SO. YOU WOULD DRAW IN YOUR SECOND, MR MATHESON. DID YOU CHANGE YOUR MOTION MR MR MCDONALD TRUMP 25% NO, I DID NOT KNOW SO. MY SECOND. AWESOME. I UNDERSTAND WHERE WE'RE AT. JUST JUST, UH MY SECOND STILL STAND. HIS EMOTION IN A SECOND BASED ON WHAT CLAIRE, COULD YOU PLEASE READ WHAT MR MCDONALD IS PREFERRED HE STATED ALTER THE CONTRACT USING THE NET FUNDS BEING DEDICATED TO OUR FIRE STATION. YEAH, AND THE ASSIGNMENT CHANGE HIS MOTION WAS TO ALTER THE CONTRACT TO ADD THE LANGUAGE MAKING THE BUYER LIABLE REGARDLESS OF ASSIGNMENT AND TO DEDICATE THE NET PROCEEDS FROM THE SALE TO THE PURCHASE OF A FIRE STATION NORTH OF THE BRIDGE. THANK YOU. THAT'S ALL ANY OTHER DISCUSSION ON THE ON THE MOTION AND THE SECOND.

OKAY. WE HAVE RESOLUTION NUMBER. 83-2020 CLERK. COULD YOU PLEASE CALL THE ROLL? VICE MAYOR MATHESON. YES COMMISSIONER CLARK YES COMMISSIONER BRUNER? YES, COMMISSIONER MEYER YES, COMMISSIONER MCDONALD? YES. THANK YOU. THE NEXT ITEM IS THE SECOND READING OF CHAPTER 16 OF

[8.

CHAPTER 16- EMERGENCY MANAGEMENT (RC):

ORDINANCE No. 2468-2021; AN ORDINANCE OF THE CITY OF STUART AMENDING CHAPTER 16- EMERGENCY MANAGEMENT; PROVIDING FOR A SEVERABILITY CLAUSE AND A CONFLICTS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

]

THE COMPLAINT, AN EMERGENCY MANAGEMENT. AND THAT SET OUT IN ORDER IN SUMMER 24 68-2021.

MISSION. I MEAN, TURNED IMMORTAL ORDINANCE NUMBER 24 68-2021 IN ORDER TO THE CITY OF STEWART AMENDING CHAPTER 16 EMERGENCY MANAGEMENT PROVIDING FOR SEVERABILITY CLAUSE THE CONFLICTS CAUSE PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. MISSION. HEARD THIS, UM TWO MEETINGS AGO, IT WAS. HELD A DAY FOR THE COSTCO MEETING FOR TIME PURPOSES. I DON'T THINK THE AUDIENCE CAN HEAR YOU, MR MORTAL. IT WAS HELD AT BAY. FOR ONE MEETING FOR TIME PURPOSES BECAUSE COSTCO MEETING WAS IN BETWEEN AND THERE WAS A TIME CONSTRAINTS. OTHERWISE THE CHANGES UM, THAT WERE ASKED BY BELIEVE, AH. MISSIONER MY MATHESON HAD ASKED FOR SOME YEAH. PARAGRAPHS TO BE MOVED BACK AND FORTH OF THE ORDER OF THEM. I BELIEVE, AND THEY WERE CHANGED AND THEN. ALSO 16-9 IS UNDERLINED TO THE EXTENT THAT IT DEFINES WHAT A STATE OF LOCAL EMERGENCY IS IN OVERALL. THE PURPOSE FOR THIS WAS THAT THE STATE LEGISLATURE ADOPTED. NEW NEW STATE LAWS IT RELATES TO THE CITY'S ABILITY TO DECLARE AN EMERGENCY HOW MANY EMERGENCIES CAN BE DECLARED. AND THE REQUIREMENTS OF SAME IT BASICALLY JUST BRINGS OUR CODE IN LINE WITH THE STATE STATUTE MOVE FOR APPROVAL SECOND. MOVED AND SECONDED COMMISSIONER MIKE MCDONALD AND COMMISSIONER MEYER. ANY DISCUSSION FROM THE BOARD.

WHERE COULD YOU PLEASE CALL THE ROLL? MADAM MAYOR YOU PUBLIC COMMENT OH, SORRY. WE MISSED THAT IN THE LAST ITEM AS WELL. I MISS THAT. WANT ME TO GO BACK AND GET PUBLIC CARS. WE VOTED NO THAT ALREADY AND APART THE COMMENTS AND ITEM NUMBER EIGHT. TOLD THE GATHERING THE CARDS FOR THAT CLAIRE, COULD YOU PLEASE CALL THE ROLL? MISSIONER MCDONALD YES. MR MEYER? YES, COMMISSIONER BRUNER YES MAYOR CLARKE? YES NICE MAYOR MATHESON. YES, THANK YOU. UM THE NEXT ITEM IS THAT AND NUMBER NINE AND IF THIS ITEM OR ANY OTHER PART OF THE AGENDA

[01:10:02]

GOES ON. I WOULD LIKE TO ANNOUNCE THAT I HAVE A FAMILY OBLIGATION THAT I HAVE TO FULFILL IT ABOUT. EIGHT P.M. SO IF I WILL LEAVE, AND I WILL HAVE MR ICE MAYOR. TAKE CARE IF WE NEED TO. YOU MAY NOT NEED. TO ITEM NUMBER NINE, THE OLD SCHOOL AT ST MARY'S CHURCH

[9.

THE OAKS SCHOOL AT ST. MARY'S CHURCH CONDITIONAL USE (QUASI-JUDICIAL)(RC):

RESOLUTION No. 75-2021: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, GRANTING A MAJOR CONDITIONAL USE APPROVAL TO ALLOW A SCHOOL, PRIVATE, PAROCHIAL, OR TECHNICAL, FOR THE OAKS CLASSICAL CHRISTIAN ACADEMY, INC. AT ST. MARY’S EPISCOPAL CHURCH; WITH SAID LANDS BEING MORE FULLY DESCRIBED IN EXHIBIT “A” ATTACHED; PROVIDING FOR CONDITIONS; PROVIDING FOR REPEAL OF ALL DEVELOPMENT ORDERS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

]

[01:15:01]

THEY'RE EXACTLY SEEKING IN THIS CONDITIONAL USE APPROVAL ON THIS PROPERTY INCLUDING WHOSE PROPERTY IT IS AND WHETHER WE HAVE PERMISSION. FROM THE ORIGINAL PROPERTY OWNERS. MR FREEMAN. THANK YOU, MADAM MAYOR GOOD EVENING COMMISSION THIS APPLICATION IS A CONDITIONAL USE. UM THE SITE IS LOCATED AT ST MURRAY'S CHURCH. 701 SOUTHEAST OCEAN BOULEVARD. IT'S LOCATED WITHIN THE SCIARRA BUT OUTSIDE THE URBAN DISTRICTS WHICH BRINGS IT UNDER THE CONDITIONAL USE FROM A NORMAL ZONING POINT OF VIEW. SO THE REQUEST IS, TOO IS FOR THE GRANTING OF A CONDITIONAL USE TO ALLOW A SCHOOL. IN THE R THREE ZONING DISTRICT. UM. YOU SEE THE LOCATION OF THE PROPERTY IS, UH. SANDWICHED BETWEEN OSCEOLA AND OCEAN BOULEVARD. THE PRESENT ZONING IS ALL THREE. THE FUTURE LAND USES OFFICE RESIDENTIAL. THIS APPLICATION IS LOOKING TO, UH FOR A SCHOOL TO BE OPERATED TWO DAYS A WEEK CURRENTLY AND THE NUMBER OF STUDENTS IS PRESENTLY SAID AT 18. THERE IS A CONDITION ATTACHED. TO THE. ANY APPROVAL THAT STAFFER RECOMMENDING THAT. ANYTHING ABOVE 25 STUDENTS IS, UM.

CONDITIONED AND IT WOULD HAVE TO COME BACK TO THE BORDER. FURTHER APPROVAL. SITE IS SURROUNDED BY ON STREET PARKING AND STAFF HAVE CALCULATED THERE APPROXIMATELY 25 SPACES ON THE STREET AND ACTUALLY OFFSITE. WITHIN THE SITE BOUNDARIES THERE IS PROBABLY MORE THAN 80 SPACES THAT WE COULD COUNT. AND THE USES HAVE BEEN DESIGNED TO, UM. ON TO COEXIST WITH EXISTING CHURCH USES BIBLE STUDY AND SO FORTH AND I'M SURE THE APPLICANT CAN EXPAND ON THAT.

THE. APPLICANTS IS HERE TONIGHT TO, UM PRESENT MORE. THANK YOU. AND I SHOULD SAY THAT THE OWNER OF THE OWNER'S REPRESENTATIVE OF THE CHURCH HAS SIGNED ACKNOWLEDGEMENT THAT THEY'RE OKAY WITH THE SCHOOL PROCEEDING AT THIS LOCATION. THANK YOU. HE ALSO SENT AN EMAIL JUST PRIOR TO THIS MEETING CONFIRMING THAT OKAY, INCLUDING THE RECORD YEAH. OKAY AND MR MORTAL BECAUSE THIS IS BY RESOLUTION THIS CONDITIONAL USES THAT ONE TIME HEARING THAT THAT'S CORRECT. ALL RIGHT. UM SORRY SO BY MY LITTLE THING HERE, MISS ARE YOU COMPLETED WITH YOUR PRESENTATION STAFF YES MA'AM. MAY I JUST STEP ONE QUICK QUESTION. MR FREEMAN IF THIS IS THIS IS APPROVED BECAUSE IT REVOKES ANY PREVIOUS DEVELOPMENT. WAS WAS THE CHURCH ORIGINALLY THE P U D OR IS THAT MINE IT'S A STANDARD ZONING I THINK IN THE PAST IT HAS BEEN USED FOR CERTAIN USES WHETHER OR NOT THOSE WERE IN EXISTENCE WHEN THE ZONING. PROHIBITED SCHOOL USES OR REQUIRED A CONDITIONAL USE FOR THOSE THINGS IT HAS BEEN USED IN CERTAIN TIMES PAST THAT. SO, ADDING SOME PUTTING THIS ON THIS MAJOR CONDITIONAL USE DOES THAT CHANGE THE ZONING? BECAUSE THIS BECOME THE ZONING? YEP. THIS IS A CONDITIONAL USED TO THE R THREE ZONING. THERE ARE THREE ZONING STAYS IN PLACE. OKAY. THANK YOU. AND THERE HAS NEVER BEEN A SCHOOL AT THE SITE. I THINK THERE HAS BEEN UM NURSERY SCHOOLS IN THE PAST AND THERE'S HISTORICAL EVIDENCE TO SHOW THAT, UM. WHETHER OR NOT THOSE WERE IN PLACE PRIOR TO THIS PARTICULAR USE BEING REQUIRED TO BE A CONDITIONAL USE WHEN THE ARTERIES OWN NAME.

I'M NOT CERTAIN HERE. YES, MA'AM. UM. AFTER READING OVER THAT AND, UH THE LOCATION AND THAT THERE'S CHILDREN BEEN THERE BEFORE. THEY'RE ONLY GOING TO BE MEETING TWICE A WEEK OUT OF THAT LETS YOU ALL DISCUSS WHAT YOU WANT, BUT I'LL MOVE FOR APPROVAL. SECOND YEAH.

WE NEED TO HEAR FROM THE APPLICANT TO HEAR FROM THE PETITIONER NEED TO CLOSE TO HEARING UP, OKAY? WE CAN'T WE CAN'T MOVE HAVE, UM, THANK YOU FOR YOUR SENTIMENTS, COMMISSIONER BUT WELL, LET'S PROCEED WITH THE MEETING BEFORE WE HAVE AN EMOTIONS WELL THE PETITIONER, PLEASE, UM, PRESENT THEIR CASE. EVENING THANK YOU, MR FREEMAN AND HIS STAFF I'M KATIE CRUZ I AM THE PRESIDENT OF THE BOARD OF THE OATH. STILL YOUR LAST NAME, PLEASE C R E W S OKAY THANK YOU AS WELL AS THE HEAD OF SCHOOL AND I'M HERE WITH ASHLEY FROING, WHOM I KNOW

[01:20:02]

MANY OF YOU HAVE SPOKEN WITH. SHE'S A PARENT AT THE OAKS AND HAS BEEN HELPING US WITH THIS PROCESS. I'M ALSO A MOTHER OF 43 OF WHOM ARE ENROLLED AT THE OAKS. AS YOU KNOW, THE LAST 18 MONTHS HAS BROUGHT ABOUT MANY CHANGES IN THE EDUCATIONAL LANDSCAPE, AMONG OTHERS. JOKES IS A HYBRID SOLUTION FOR MANY PARENTS WHO WANT TO PLAY AN ACTIVE ROLE IN THEIR CHILD'S EDUCATION BUT ARE LOOKING FOR A SUPPORT COMMUNITY A STRONG ACADEMIC FRAMEWORK AN EXCELLENT CLASSROOM INSTRUCTION. UNTIL NOW LOCAL FAMILIES HAVE NOT HAD AN OPTION AN OPTION JUST LIKE THIS WITH THIS TYPE OF HYBRID MODEL AND SO WE'RE HAPPY TO BE ABLE TO BRING IT TO THE STUART COMMUNITY IN MARTIN COUNTY SO THAT THEY DON'T HAVE TO LOOK ELSEWHERE FOR TRAVEL FARTHER TO GET THAT. I AND MANY OTHERS WHO UM ARE IN THIS COMMUNITY AND SOME OF WHO YOU HEARD FROM TONIGHT BELIEVE THE SCHOOL WILL BE A POSITIVE HAVE A POSITIVE AND LASTING IMPACT ON OUR CHILDREN. OUR FAMILIES. IN OUR COMMUNITIES. AND YET WHEN IT COMES OUR LOGISTICAL IMPACT THE PICTURE COULDN'T BE MORE DIFFERENT OUR TRAFFIC IMPACT IS STUART WE BELIEVE WILL BE EXTREMELY MINIMAL AND MAY EVEN GO UNNOTICED I LIKE TO THINK IT WILL CAUSE LESS TRAFFIC THAN A FRESH MARKET. LOGO OR CHICKEN DEAL. UM THE COMING AND GOING REQUIRED BY OUR FAMILIES WILL BE CONSISTENT WITH SAINT MARY'S CURRENT WEEKDAY PROGRAMMING LIKE SUPPORT GROUPS AND BIBLE STUDIES THAT THEY ALREADY HAVE THEIR. WE'LL BE MAKING NO STRUCTURAL CHANGES TO THE BUILDING. WE HAVE A SMALL BUT ENTHUSIASTIC GROUP OF, UM PARENTS AND FAMILIES. IN TOTAL IT'S JUST NINE CARS AND THAT INCLUDES ARMS ARE 12 CARS UM AND THAT INCLUDES OUR STAFF SO WE'RE VERY SMALL RIGHT NOW. AND LASTLY, I'LL SAY, HOW WONDERFUL THIS SPECIFIC LOCATION WILL BE FOR US, BUT ALSO THE COMMUNITY BECAUSE IT'S SO CENTRAL TO MANY PARTS OF THE CITY IN THE COUNTY. WE ARE MUCH MORE ACCESSIBLE TO MANY RESIDENTS IN DIFFERENT AREAS AND AT ALL INCOME LEVELS, SO WE'RE GRATEFUL THAT SAINT MARY'S HAS AGREED UM TO HAVE US THERE AND THAT THEY'RE WILLING TO HAVE US ON THE BEAUTIFUL CAMPUS WE'RE SORRY THEY COULDN'T BE HERE TONIGHT, BUT I KNOW THE COMMUNITY. MUNICH ATED WITH ALL OF YOU, SO WE'RE ASKING THAT YOU FEEL IN THE LAST PIECE OF THIS PUZZLE AND VOTE TO APPROVE THE RESOLUTION. THANK YOU, MR ROLAND YOU HAVE SOMETHING SAFE SURE THANK YOU SO MUCH FIRST TO STAFF AARON AND KEV, IT'S BEEN A PLEASURE REALLY, TO WORK WITH BOTH OF THEM AND I'M REALLY SPEAKING AS A PARENT I'VE BEEN HOMESCHOOLING FOR THE LAST FEW YEARS. I HAVE FOUR KIDS. NOW I STARTED OUT AND WHEN I HAD ONE KID AND I HAVE BEEN LOOKING FOR A SCHOOL LIKE THIS UM REALLY I MEAN, EVER SINCE I STARTED HOMESCHOOLING AND. YOU KNOW, THE UNIVERSITY MODEL OF HYBRID SCHOOLING WE WILL BE THE SECOND SCHOOL OF THIS MODEL IN THE STATE OF FLORIDA UM AND WE HAVE. SURROUND IN OUR SURROUNDING SOME OF THE SURROUNDING COUNTIES THERE ARE SCHOOLS THAT HAVE A SIMILAR APPROACH AND WE HAVE YOU KNOW, PARENTS IN OUR COUNTY THAT TRAVEL TO THE OTHER COUNTIES UM, SO I THINK THAT THIS WOLF SERVE. OUR LOCAL COMMUNITY WHO ARE LOOKING FOR AN ALTERNATIVE SCHOOLING. AND, UM, I AM THRILLED THAT WE WOULD BE AT SUCH ESSENTIALLY LOCATED AREA AS WELL. I LIVE IN JENSEN BEACH. AND WE HAVE MANY FAMILIES COMING FROM ALL ACROSS THE COUNTY UM SO THE LOCATION REALLY VERY MUCH SERVES US UM AND IT'S BEEN A PLEASURE TO WORK WITH ST MARY'S AS WELL THROUGH THIS PROCESS. ALMOST FOR ALL AND YOU WERE INSTRUMENTAL IN PREPARING THE APPLICATION AND HELPING YES YES I WAS HAPPY TO VOLUNTEER AND HELP UM KATIE AND NORMALLY ARE THE FOUNDERS OF THE SCHOOL AND. I HAVE BEEN IN A HOMESCHOOL CO OP WITH KATIE AND I HEARD YOU KNOW ABOUT THE MODEL OF THE SCHOOL AND SAID, I WANT TO JUMP ON BOARD AND HOW CAN I HELP? SO, UH. YOU GUYS GOT TO INTERFACE WITH ME FOR THE GROUNDWORK. THANK YOU UM WE CAN EITHER ASK YOU SOME QUESTIONS THAT WE CAN ASK IF YOU HAVE ANY WITNESSES THAT YOU WERE GONNA CALL. TO SAY ANYTHING. ARE YOU JUST PRESENTING YOUR CASE? YOU DON'T HAVE ANYBODY ELSE. OKAY, WE'LL JUST WAIT UNTIL THE TIME. OKAY YOU'RE HOME. THANK YOU. DO ANY OF THE COMMISSIONERS HAVE ANY QUESTIONS FOR THE APPLICANT KNOWING THAT WE HAVE TWO PEOPLE HERE MORE REPRESENT IN THE SCHOOL AT THIS TIME? MR BRUNO, YOU HAVE ANY QUESTIONS FOR THEM? NO, I JUST THINK IT BE A GREAT ASSET IN MY CITY AND I'M HAPPY THAT THEY'RE HERE. YES. WISH MCDONALD. MR MEYER. NO QUESTIONS. THANKS FOR SURE. NO NO QUESTIONS UH MAYBE SOME COMMENTS DURING THE DELIBERATION PERIOD. SORRY FOR JUMPING THE GUN ON THE SECOND. OKAY. UM YOU'RE STAYING AT 18 TO 25. IS THAT YOUR LIMIT? YES, WITH THE CURRENT CONDITIONS THAT ARE IN THIS RESOLUTION, 25 WOULD BE OUR LIMIT. OKAY? AND YOU'RE GOING TO USE THE SAME INGRESS AND EGRESS AS THE AS A

[01:25:05]

CHURCH NOW. YES, WE PLAN TO COME OFF OF IT, UM, SOUTHEAST OSCEOLA TURNING ONTO SOUTHEAST AMERIGO. AND THEN WE'VE ASKED OUR PARENTS TO COME TO DETERMINE RIGHT OFF OF SOUTHEAST AMERIGO. THE DROP OFF. IT'S RIGHT THERE IN THE MIDDLE AND THEN WE'VE ALSO ASKED THEM TO TURN RIGHT ONTO SOUTHEAST OCEAN BOULEVARD JUST TO MAKE THINGS THAT MUCH EASIER FOR EVERYONE. AND THEY WILL HAVE A MAP BEFORE THEIR FIRST DAY THAT WE'RE ACTUALLY GETTING OUT TOMORROW STATING ALL OF THAT AND SHOWING THE TRAFFIC FLOW THAT THEY NEED TO TAKE.

AND THERE'S A NICE CROSSWALK THERE ALREADY I GO GET THE BOOKS EVERY WEEK AT THE CHURCH AND YEAH. SET UP FOR CHILDREN. IT COULD BE THANK YOU, UM. THE PETITIONER WISH TO OFFER ANY ADDITIONAL INFORMATION BEFORE CONCLUDING YOUR PRESENTATION. THINK I WOULD JUST LIKE TO PUT SOME EMAILS OF SUPPORT INTO THE RECORD, UM THAT FOR PEOPLE WHO WERE UNABLE TO BE HERE. YEAH.

THANK YOU. RECEIVED A LOT OF EMAILS AND THEY WERE FROM THE PARENTS THE FATHERS THE GRANDPARENTS YOUR GRANDMOTHER GRANDFATHER EVERYONE, EVERYONE A BILLION EVOLVED. ALL RIGHT IF THERE IS NO OTHER PRESENTATION FROM STAFF OF FROM THE APPLICANT WILL BE. CLOSING OR EVIDENCE PORTION AND CLOSE THIS HEARING BEFORE WE CLOSE. I HAVE QUESTION FOR STAFF. OKAY DO YOU HAVE YOU HAVE A QUESTION FOR STAFF? OKAY ALRIGHT THANKS. UM UH CAN YOU CAN SIT IF YOU WANT TO UNTIL WE CALL HIM. THANK YOU. WELL, SO THIS WAS KIND OF FOLLOW UP ON THE QUESTION FROM MR DIES EARLIER, SO THE ONLY TECHNICAL. ISSUE I HAVE IS JUST IN THE LANGUAGE OF THE RESOLUTION IN SECTION. PULL IT UP HERE. I GUESS THIS IS I THOUGHT THIS IS MAYBE WHAT YOU WERE TRYING TO GET THAT SECTION SIX. I'LL DEVELOPMENT ORDERS IN CONFLICT WITH THIS RESOLUTION, OR ANY PART THEREOF IS HEREBY REPEALED TO THE EXTENT OF SUCH CONFLICT. THIS RESOLUTION SHALL PREVAIL IF ANY PROVISION OF THIS RESOLUTION CONFLICTS WITH ANY CONTRACTUAL PROVISIONS BETWEEN THE CITY AND THE PROPERTY OWNERS OR APPLICANTS OF THE SITE, SO THE QUESTION WAS ZONING WOULD STILL PERSIST. I MEAN, THIS LANGUAGE SEEMS PRETTY EXTREME, THOUGH. IS IT? I MEAN, IS IT SATISFACTORY TO YOU, MR MARTEL, THAT. I DON'T I DON'T KNOW WHAT THE WITH THE UNDERLYING. WHEN IT IS ADOPTING MATURE. I'M SORRY I DON'T KNOW WHAT THE UNDERLYING DOCUMENTS ADOPTING THE CHURCH. UM, FOR WHAT IT'S WORTH IT'S A PRETTY BIG CAMPUS AS WELL AND THEY ALSO KNOW THAT LUCIDO AND ASSOCIATES AS AN OFFICE IN THERE AS WELL SO IF THERE'S A CONDITIONAL USE THAT AUTHORIZED THE USE OF THEIR OFFICE, IT MAY ERASE OF THAT. SO WE COULD COME BACK AND AMEND IT LATER IF THAT WAS THE CASE I ALSO DON'T KNOW WHAT THE SHARED PARKING ISRAEL WITH THE LEASES THE PLACIDO AND ASSOCIATES HAVE WITH REGARD TO IT OR WHERE THE LOCATION OF THE CHURCH IS GOING TO BE. ALSO KNOW THAT THERE'S A MEETING THERE. IF PEOPLE DON'T WANT TO DISCLOSE THEIR IDENTITIES BUT TAKES PLACE A COUPLE NIGHTS A WEEK AS WELL AND THEY DON'T KNOW WHAT CONFLICTS THAT MAY OR MAY NOT HAVE WITH IT OR WHETHER THAT WAS APPROVED BY THE MINOR MAJOR OR TRADITIONAL USE AS WELL BECAUSE I MEAN I JUST DON'T KNOW ANYTHING THAT COULD TRAVEL THE PROPERTY OKAY WELL, I MEAN, I FEEL COMFORTABLE WITH THIS IN THAT THERE'S A LIMIT OF THE 25. AND THAT THEY'RE, YOU KNOW, CONTRACTUALLY BY RESOLUTION BOUND BY THE OPERATIONS DOCUMENT AND BY THE PLAN THAT THEY. THEY SUBMITTED THAT ALSO CONFIRMS ON IT THAT THERE WILL BE NO STRUCTURAL ALTERATIONS TO THE BUILDING. UM SO, UH, I GUESS THE ONLY OTHER THING IS THAT UM, JUST THE. IS THAT DO WE DO? WE NEED TO COORDINATE IT ALL WITH THE SCHOOL DISTRICT ON AND I MEAN IS THERE ANY OVERSIGHT FROM THE SCHOOL DISTRICT ON THIS OR IS IT BECAUSE YOU HAVE TO RECOGNIZE THAT THESE STUDENTS ARE ACTUALLY ALREADY ACCOUNTED FOR? BECAUSE THE, UM SCHOOL PARENTS ARE THERE DOCUMENTED ALREADY, ANYWAY? OKAY, SO. THIS MADE HIM TWICE A WEEK IN THE BUILDING RIGHT? UM MM. OKAY GO ON. MR MARTIN, MR MATHESON, AND THEN I HAVE A QUESTION TOO. SO I GUESS, MR MARTEL OR OR MR FREEMAN? MY QUESTION AND I INTERPRETED THE PHRASE THAT COMMISSIONER MEYER BROUGHT UP WAS. I LOOKED AT IT AS THERE WAS A HISTORICAL SCHOOL. THERE AT SOME POINT AND THIS. PREVAILS WITH NEW LANGUAGE THAT WOULD CAP THE STUDENTS AT 25% EVEN IF THE HISTORICAL SCHOOL HAD. 50 OR SO, UM, I MEAN, FUNDAMENTALLY I LOOK AT IT AS THE CHURCH SIGNED THE APPLICATION THEY'RE AWARE OF IT IF THEY WERE HERE OBJECTING WE'D PROBABLY GO IN A DIFFERENT DIRECTION. BUT THEY'RE NOT. UH UM. LET'S HAVE A DAYCARE THERE A LONG TIME. YEAH THEY'VE HAD A DAYCARE THEY HAVE SUNDAY AT

[01:30:08]

SCHOOL. UM, FOR ME. OVER THE PAST TWO YEARS ONE OF THE THINGS WE CAN'T THANK ENOUGH ARE. TEACHERS AND STUDENTS OF WHAT THEY'VE BEEN GOING THROUGH. UM. AND FOR ME IF I EXAMINE SOMETHING THROUGH THE EYES OF A FATHER UM ONE THAT CHOSE TO HOMESCHOOL MY OLDEST DAUGHTER LAST YEAR DURING THE PANDEMIC. AND THAT MAKES ME BIAS IN ANY SORT OF WAY KNOWING AND FULL RIGHT THAT MY DAUGHTER HAS NO AFFILIATION AT ALL WITH THIS SCHOOL OR ANY OF THAT, IT'S JUST THAT THAT'S I'M LOOKING AT THIS, UM I DON'T THINK. THAT'S AN ETHICS VIOLATION MAKES ME BIAS AT ALL. BEING A PARENT UP HERE. UM. BUT FOR YOUR QUESTION COMMISSIONER MY DAUGHTER WAS HOME ALL LAST YEAR BUT ENROLLED IN THE FLORIDA VIRTUAL SCHOOL PROGRAM.

I DON'T KNOW WHAT. PROGRAMS. THESE CHILDREN ARE ENROLLED IN, BUT I WOULD I COME IN? EVERYONE FOR MOVING FORWARD AND. NO SETTING THIS UP IT WAS STRESSFUL ON MY WIFE AND I TO FIGURE OUT WHAT TO DO WITH OUR DAUGHTER AND WE HAD A TUTOR TURNED LAST YEAR, AND WE CHOSE TO GO BACK TO THE PUBLIC SCHOOL SYSTEM THIS YEAR. UM. WITH AN INCREDIBLE AMOUNT OF HESITATION. UM. BUT IT'S A LOT OF WORK THAT THIS IS. CAPPED AT A PROPER LEVEL WHERE IT HAS TO COME BACK TO US. IT'S OUT ON CAMPUS THAT. IS UM DESIGNED TO TAKE LARGE CAPACITY OF PEOPLE THROUGHOUT DIFFERENT TIMES OF THE WEEK. MM. NO AND THE MORE OPTIONS. OUR CHILDREN HAVE. FOR THE BEST EDUCATION THAT THEIR PARENTS FEEL IS SUITABLE FOR THEM IN MY MIND IN THIS COMMUNITY, THE BETTER NO. THANK YOU MR MARTEL CAN I JUST GO TO LINE ONE IN THE RESOLUTION? THINK IT'S ABOUT LYING ONE MAYBE LYING THREE OR SO IT'S ISLAM. WHEN I WAS 23RD THEY CONSIDER THE APPLICATION BY THE OAKS CLASSICAL CHRISTIAN ACADEMY IN THE APPLICANT. AND ST MARY'S EPISCOPAL CHURCH. THE PROPERTY OWNER. THEN WE GO DOWN TO SECTION FIVE. SECTION FIVE, MAYBE FIVE B. SO THAT ADMINISTRATIVE PENALTY. WOULD APPLY TO BOTH OF THESE PARTIES THE APPLICANT AND THE PROPERTY OWNER IF THERE'S ANY VIOLATION OR IS IT JUST TO THE GENERALLY SPEAKING THE WAY OUR CODE WORKS IS THAT THE ADMINISTRATIVE PENALTY GOES TO THE LANDOWNER.

AND THEN AS A TENET OF THE LANDOWNER, THE CHURCH WOULD HAVE TO EXTRACTED FROM THEM SOME WAY. NO, THE LANDOWNERS THE CHURCH I UNDERSTAND SO THE CHURCH WOULD BE WHO GETS THE PENALTY. AND THEN AS AS THE TENANT OF THE CHURCH THE CHURCH WOULD HAVE TO EXTRACT IT FROM THE OAKS. YOU KNOW, WE'RE NOT ANTICIPATING ANY CODE VIOLATION WE'RE ANTICIPATING THAT IF WE APPROVE THIS, THAT THEY'RE GOING TO DO EVERYTHING PROPERLY WELL, HOPEFULLY YEAH. OKAY? RIGHT, UM. BUT THE REMEDY GOES TO THE LANDOWNER. THINK THAT'S CLEAR. AT THE OAKS IS VERY CLEAR ON THIS RESOLUTION. IF THIS BOARD DECIDES TO APPROVE IT. UM. DOES ANY MEMBER OF THE PUBLIC UM DID WE CLOSE THE EVIDENCE YES WE DID. THERE'S ANY MEMBER OF THE DO WE HAVE ANY OTHER QUESTIONS? EVERYTHING DOES ANY MEMBER OF THE PUBLIC WISH TO MAKE A COMMENT AND I HAVE COMMON CARDS HERE I'LL START WITH THOSE THAT HAVE COME IN CARS WITH BUT YOU'RE FREE TO MAKE A COMMENT AND FILL OUT A CARD SO WE CAN RECORD YOUR INFORMATION. OKAY, DO IT. THAT EVENING MADAM MAYOR, AND YES, MEMBERS. CAN YOU GUYS HEAR ME? YES, MA'AM. MY NAME IS KATE. DO IT ADDRESSES 8, 13 KRUGER PARKWAY AND STEWART AND I HAVE BEEN SWORN IN. I'M HERE TO OFFER SUPPORT FOR THE OAKS ACADEMY THE OAKS AS YOU'VE AS YOU'VE HEARD, IS PROPOSING A HYBRID SCHOOLING OPTION THAT WOULD BE A HUGE BLESSING OF THE FAMILIES IN OUR AREA. THE HYBRID SCHOOLING OPTIONS FOSTER MORE PARENT INVOLVEMENT WHILE STILL ENSURING A RIGOROUS ACADEMIC ENVIRONMENT IS PROVIDED. AS A RESULT OF THE FEAR THE EVENTS OF THIS PAST YEAR WE'VE SEEN ALL SORTS OF OPTIONS COME TO THE TABLE FROM IN SCHOOL TO FLORIDA, VIRTUAL TO HOME SCHOOLING. TO EVERYTHING IN BETWEEN SOME KIND OF COMBINATION OF EVERYTHING.

UM AND. AS A MOM OF SCHOOL AGE CHILDREN VERY THANKFUL THAT OPTIONS SUCH AS THIS AND OTHERS HAVE HAVE COME TO FRUITION. DURING THIS TIME. AND THERE'S OTHER PROGRAMS SIMILAR TO THE

[01:35:01]

OAKS AND WHAT THEY'RE PROPOSING. THAT EXISTS TO OUR COUNTIES TO THE SOUTH. IN THE NORTH AND UNFORTUNATELY THERE ARE FAMILIES THAT DO LEAVE THE COUNTY AND UTILIZE THESE PROGRAMS AND IT WOULD BE SO NICE TO BE ABLE TO PROVIDE THOSE SERVICES TO OUR FAMILIES HERE WITHIN OUR CITY LIMITS UM ESPECIALLY IN THIS LOCATION HERE, WHICH IS SO ESSENTIALLY LOCATED. SO I THINK THE OAKS ACADEMY WILL BE AN ASSET TO OUR CITY OUR LOCAL FAMILIES AND I WOULD REQUEST YOUR APPROVAL OF THIS ITEM. THANK YOU VERY MUCH. THANK YOU, MA'AM. EVER IN BUENOS. GOOD EVENING MY NAME IS EVELYN TWIN. YES MY ADDRESS IS 55 03 SOFTWARE UP A LITTLE BIT CORAL TREE LANE AND PALM CITY I CURRENTLY HAVE TWO DAUGHTERS ENROLLED IN THE OAKS. UM I BASICALLY I'M HERE TO ASK THAT YOU VOTE. YES UH I AM BRAND NEW TO THIS HOME SCHOOLING THING I ALSO STARTED BECAUSE OF THE PANDEMIC LAST YEAR. AND I FULLY EXPECTED MY KIDS TO WINE AND TO TELL ME THAT THEY WANTED TO GO BACK AND THEY HATED EVERY SECOND OF IT. AND BECAUSE I JOINED A CO OP WITH THESE LADIES, UM. THEY ABSOLUTELY LOVED IT. AND THEY LEARNED SO MUCH AND I WAS SO IMPRESSED AND SO SHOCKED. REALLY TO HEAR THEM SAY ALL THE POSITIVE THINGS THEY SAID ABOUT IT BECAUSE I'VE ONLY KNOWN THE PUBLIC SCHOOL SYSTEM I HAVE TWO GROWN DAUGHTERS THAT HAVE COMPLETED THE PUBLIC SCHOOL. UM AND. AS MUCH AS I WANTED TO CONTINUE THE HOMESCHOOLING I KNEW THAT I NEEDED HELP, AND I NEEDED MORE STRUCTURE. AND WHEN KATIE MENTIONED THE OAKS AND THAT IT WOULD BE A HYBRID INSTITUTION THAT WOULD OFFER TEACHERS UM AND A CURRICULUM THAT I DIDN'T HAVE TO COME UP WITH. AS WELL AS. UH INVOLVEMENT ON MY PART UM THREE DAYS A WEEK. I BASICALLY CONTINUE TO TEACH IN TWO DAYS A WEEK WE GET A REAL TEACHER WHO GIVES US THE CURRICULUM AND GUIDELINES TO DO IT WITH. UM, I AM. JUST HERE JUST TO SAY THAT I AM BLESSED AND JUST VERY FORTUNATE THAT WE DECIDED TO, UM. BASICALLY START THIS INSTITUTION TOGETHER AS A GROUP. AND, UM JUST ASK YOU TO VOTE YES. THANK YOU, MA'AM. ANY OTHER COMMENTS ON ITEM NUMBER NINE. ANY OTHER COMMENTS AND ITEM NUMBER NINE. WHAT'S THE PLEASURE OF THE BOARD? MOTION. NO, SHE SHOULDN'T AND. I GUESS WE PROBABLY NEED TO PLEASE YEAH, WE NEED TO HAVE A MOTION MOTION CAN WE HAVE REQUESTED EMOTION OH, I'VE MOVED MOTION OF APPROVAL. MR BRUNO HAS MADE A MOTION. IS THERE A SECOND? SECOND BY COMMISSIONER MATHESON. SORRY, MAYOR. THANK YOU. THINK. WOULD ANYBODY LIKE TO REPEAT THE MOTION? SUSIE OR MR MARTEL MOTION FOR APPROVAL. JUST MOTION FOR APPROVAL AS RECOMMENDED BY STAFF. MOTION FOR APPROVAL ATION 75 2021. YEAH. NO FURTHER DELIBERATION. PLEASE CALL THE ROLL CLERK.

THANKS. MAYOR MATHISEN. YES COMMISSIONER BRUNER? YES, MAYOR CLARKE YES, MR MEYER? YES, COMMISSIONER MCDONALD YES. THANK YOU THANK YOU FOR YOUR PARTICIPATION. THE NEXT ITEM IS

[10.

ABANDONMENT OF A PORTION RIGHT-OF-WAY BETWEEN 26 SEMINOLE STREET AND 19 OSCEOLA STREET (RC):

ORDINANCE No. 2470-2021; A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO PROVIDE FOR THE ABANDONMENT OF CERTAIN PUBLIC RIGHT-OF-WAY WITHIN THE CITY BEING THAT PORTION OF A PLATTED 12 FOOT WIDE ALLEY IN BETWEEN 26 S.E. SEMINOLE STREET AND 19 S.E. OSCEOLA STREET (LOTS 5 & 14, BLOCK 3) ACCORDING TO THE AMENDED PLAT OF CHARLES A. PORTER ADDITION, AS RECORDED IN PLAT BOOK 2, PAGE 75 PUBLIC RECORDS OF PALM BEACH(NOW MARTIN) COUNTY, FLORIDA, MORE CLEARLY DESCRIBED AND DEPICTED IN EXHIBITS "A" “B” & "C" ATTACHED HERETO; PROVIDING FOR PAYMENT OF A PRIVILEGE FEE: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

]

ITEM NUMBER 10 ABANDONMENT OF THE RIGHT AWAY BETWEEN 26 SEMINAL STREET AND 19 RC ALL THE STREET RESOLUTION NUMBER 24 70 20. 21 MR MARTEL THIS IS ORDINANCE NUMBER 24 70 DISH 2021 IN ORDER TO THE CITY COMMISSION, THE CITY OF STUART, FLORIDA TO PROVIDE FOR THE ABANDONMENT OF CERTAIN PUBLIC RIGHT OF WAY WITHIN THE CITY BEING THAT PORTION. BE PLANTED 12 FT. WIDE ALLEY IN BETWEEN 26 SOUTHEAST SEMINOLE STREET IN 19 I SEE ALL THE STREET LET'S FIVE AND 14 BLOCK THREE, ACCORDING TO THE AMENDED PLAT OF CHARLES A PORTER EDITION HAS RECORDED IN PLAT BOOK TO PAGE 75 PUBLIC RECORDS OF PALM BEACH NOW MARTIN COUNTY. FLORIDA MORE CLEARLY DESCRIBED AND DEPICTED IN EXHIBIT A B AND C ATTACHED HER TO PROVIDING FOR PAYMENT OF A PRIVILEGED FEED PROVIDING FOR SEVERABILITY PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THANK YOU THE STAFF OF A PRESENTATION YES, MADAM MAYOR. YES, SIR. TOM REED, SENIOR PLANNER FOR THE RECORD. THIS WAS NOTICED AS PER CODE AT OUR, UM MEETING AND LEAVE. JULY AND IT'S BACK TONIGHT AS AS AN ORDINANCE AND IT IS FOR THE FIRST READING. IT IS FOR THE ABANDONMENT OF THE ALLEYWAY AT 26 HE SOUTHEAST SEMINOLE STREET AND 19 SOUTHEAST OSCEOLA

[01:40:03]

STREET. APPLICANTS ARE STEPHEN VITALY AND CHUCK CURIE. SO WE CAN SEE THAT THE SITE IS LOCATED IN BETWEEN SEMINAL ALL THE STREETS. AS MENTIONED EARLIER. THE. PARCEL ON THE NORTH IS OWNED BY STEPHEN VITALY. CHUCK YURI OWNS THE PARCEL TO THE SOUTH. THE AREA OF RIGHT AWAY THAT IS BEING PROPOSED FOR ABANDONMENT IS 12 FT WIDE. AND IT'S LOCATED IN BE BEHIND. THE ENCHANTED COTTAGE. WHICH WAS MOVED TO THE PROPERTY. SOMETIME. LAST YEAR ABOUT A YEAR AND A HALF AGO AND THAT WAS PART OF THE FRESH. FRASURE CREEK TOWN HOMES PROJECT. TO MAKE ROOM FOR THAT. THE CITY'S PUBLIC WORKS DEPARTMENT DOES NOT OBJECT TO THE ABANDONMENT. THE CITY'S INTERESTS. A FAIR MARKET APPRAISAL OF THE PROPERTY HAS BEEN DETERMINED THAT THE MARKET VALUE OF THE PROPERTY IS $2050. STAFF RECOMMENDS PAYMENT OF A PRIVILEGE FEE IN THE AMOUNT OF 100% OF THE MARKET VALUE. FOR 2000 AND $50 INTO THE CITY'S PROPERTY MANAGEMENT FUND WITHIN 90 DAYS OF APPROVAL. STAFF RECOMMENDATION IS MOVE ADOPTION OF ORDINANCE NUMBER 24 70 2021 RIGHT AWAY OF ALLEYWAY ABANDONMENT AT FIRST READING.

CONCLUDES STAFFS PRESENTATION THAT THE MAYOR, I'LL MOVE APPROVAL SECOND. MOTION BY COMMISSIONER MEYER SECONDED BY COMMISSIONER MCDONNELL IS THERE ANY DISCUSSION BY, UM. BOARD OR ANY QUESTIONS FOR STAFF. ANY COMMENTS ON THE PUBLIC. CLAIRE, COULD YOU PLEASE CALL THE ROLL? MAYOR CLARKE. YES, MR BRUNER. YES, THANKS, MAYOR MATHESON YES MR MCDONALD YES, MR MEYER? YES, THANK YOU. THANK YOU, MR VITALI FOR ATTENDING. THE SECOND THE SECOND MOTION THE SECOND. 11TH

[11.

AMENDING CHAPTER 22 FIRE PREVENTION (RC):

ORDINANCE No. 2471-2021; AN ORDINANCE OF THE CITY OF STUART AMENDING CHAPTER 22; FIRE PREVENTION; PROVIDING FOR A SEVERABILITY CLAUSE AND A CONFLICTS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.

]

ITEM ON THE 11TH HOURS SUNDAY. 11TH ARE YET. AMENDING CHAPTER 22 FIRE PREVENTION ORDINANCE NUMBER 24 71 2021 MR MORE TILL THIS IS ORDINANCE NUMBER 24 71-2021 ORDINANCE OF THE CITY STEWART AMENDING CHAPTER 22 FIRE PREVENTION PROVIDING FOR SEVERABILITY CLAUSE AND THE CONFLICTS CLAUSE PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THE CHIEFS EXTREMELY NERVOUS SO IF YOU GUYS COULD BE I SEE HOW THEY'RE TRYING TO HIDE, BUT I WANTED HIM TO COME TO THE STAY IN THE CASE. YOU GUYS HAVE ANY QUESTIONS? YEAH, IT'S LIKE THIS, UH MADAM MAYOR.

THIS CAME BEFORE US AS A REQUEST FROM THE FIRE CHIEF BASICALLY, WE'RE AMENDING THE CODE AND STRIKING THE CITY'S REGULATIONS AND ADOPTING THE STATE FIRE PREVENTION CODE.

I'VE BEEN ASKED TO ME AND THAT MR CHIEF FELICIAN BROUGHT UP TO ME IS THAT I BELIEVE IT'S EVERY THREE YEARS WHEN THE STATE ADOPTS THEIR FIRE CODE THERE'S ACTUALLY REQUIREMENT THAT YOU.

RE ADOPT OR ANALYZE YOUR UM LOCAL ORDINANCES UM AS IT RELATES TO THE FIRE CODE TO MAKE SURE THEY'RE IN LINE WITH WHATEVER THE NEW CODE IS THAT, UM, THE STATE PUTS OUT. AND ALL THIS DOES IS WE DID THIS SIMILAR TO THE BUILDING DEPARTMENT WHERE WERE WE ELIMINATES A LOT OF THE BURBAGE IN OUR IN OUR LOCAL CODE AND REFER TO THE STATE CODE FOR APPROVAL. SECOND. MOTION BY COMMISSION MCDONALD'S SECONDED BY COMMISSION PLACED ME AND MATHESON. UM DO WE HAVE ANY COMMENTS FROM THE COMMISSIONER'S I HAVE ONE QUESTION FOR YOUR CHIEF FOR THAT. THAT ACTUALLY WANT THE COMMISSIONER'S BROUGHT UP, BUT I DON'T THINK THEY WANT TO ASK. I WOULD. WOULD LIKE TO. IF YOU'RE REFERRING TO MY QUESTION YES. GO AHEAD UM CHIEF I'M LOOKING FOR THE LANGUAGE, BUT THE LANGUAGE. UM. PROHIBITING AND OPENED FIRE. IS STRUCK FROM OUR ORDINANCE AND. AS I UNDERSTAND WHERE, UM IN THE KING, THE STATE ORANGE BUT IN THE CITY OF STUART ARE YOU ALLOWED TO HAVE AN OPEN FIRE FROM FIRE PITS? SUCH AS PURCHASE AT HOME DEPOT OR OTHER BIG BOX STORES. YEAH. SO REALLY THE START GENERAL OVERVIEW. THIS WHOLE THING IS. WE HAD ALL OF THIS OLD LANGUAGE AND ORDINANCE REALLY THE FLORIDA FIRE PREVENTION CODE. IT'S CALLED WHICH WAS ADOPTED A STATE LAW RIGHT. YOU'RE NOT YOU'RE NOT THE DUPLICATE OR DUPLICATE WHAT'S IN THE STATE CODE RIGHT WITH A LOCAL. THERE'S NO REASON FOR IT, SO THIS IS REALLY JUST LANGUAGE.

CLEAN UP. YOU KNOW, 99% OF IT. UM, TO ANSWER YOUR QUESTION SPECIFICALLY, ABSOLUTELY YOU

[01:45:05]

CAN. THERE'S PROVISION IN THE STATE CODE THAT. AND AGAIN REALLY THE EASIEST PART FOR US AS A FIRE RESCUE AGENCY IS. TO USE STAYING WITH OUR WHAT OUR INSPECTORS USE OUR CHIEFS.

EVERYBODY IS THAT IS. QUOTE UNQUOTE THE BIBLE IS THE FLORIDA FIRE PREVENTION CODE.

SO IN THEIR LIST, EVERYTHING YOU CAN THINK OF WHICH IS WHY IT DOESN'T NEED TO BE IN THIS, INCLUDING OUTDOOR FIRES IF THERE'S CERTAIN PROVISIONS THAT ARE MET. BUT AT ANY TIME THAT THE YOU KNOW THE FIRE OFFICIAL DEEMS THAT IT'S DANGEROUS DUE TO YOU KNOW, WIND OR CARELESSNESS OR YOU KNOW NOT HAVING THE STEPS FOLLOWED WE HAVE THE RIGHT TO SHUT IT DOWN.

THAT'S WHY YOU'D SEE A NO FIRE FIRE BAN OR SOMETHING IF IT'S BEEN EXTREMELY DRY, OR WOULD DO IT BECAUSE THERE ARE MORE RURAL THAN US, BUT AGAIN, JUST. THAT'S FROM ONE OF THE OLDEST QUESTIONS IS YOU KNOW IF I HAVE A FIRE PIT IN MY BACKYARD ON EARTH? ONE OF OUR TWO COLD NIGHTS A YEAR, YOU KNOW IS A FIRE DEPARTMENT WOULD HAVE COME SHUT ME DOWN WELL, IT DEPENDS IS THE EASIEST RIGHT BECAUSE IF YOU'RE IF YOU HAVE SMOKE BLOWING INTO YOUR NEIGHBOR'S WINDOW IF YOU'RE BURNING YOU'RE ALL DEAD REFRIGERATOR IN YOUR BACKYARD SO YOU KNOW AS LONG AS YOU'RE NOT BECAUSE AGAIN, WE HAVE TO LOOK OUT FOR THE NEIGHBORS IN THE NEIGHBORHOOD AS WELL. SO. IF THEY SAY, WELL, I'M ALLOWED TO HAVE A FIRE PIT. BUT. SMOKES BLOWING IN MY NEIGHBOR'S WINDOW AND THEY HAVE MEDICAL PROBLEMS AND THE ANSWER IS NO. IT'S GOING TO BE SHUT DOWN PERFECT. NO, YOU AND I MEAN IF YOU YEAH, A LOT OF THIS UPSTANDING CITIZEN. HAVE A FIRE PIT OF THE APPROPRIATE TIME. I HAD FIRE PUTS ALL MY LIFE SO OH, OKAY. SO, YEAH, A LOT OF EVERY A LOT OF ANYTHING SMELLING IN IT. THE ITEMS THAT YOU SEE STRUCK DON'T THINK THAT THEY ARE GONE. TOTALLY WE'RE JUST ALREADY REFERRED TO THE STATES. CORRECT. PERFECT. THANK YOU, CHIEF. OKAY. ALL RIGHT. THANK YOU. ANY OTHER COMMENTS ON THIS ORDINANCE. WHAT ARE YOU BURNING IN YOUR, UH OH. NOW THAT'S THE QUESTION. ORDER IN SUMMER 24 7 24 71 2021 COMMISSIONER MCDONALD AND COMMISSIONER MEYER IS THAT CORRECT? MADISON MATTHEWS AND I'M SORRY. DIDN'T LOOK AT COMMISSIONER MATHESON. IT WAS EASIER TO SAVE MEYER. AS WE PROLONG THIS MEETING FOR ONE MORE MINUTE. THE COMMENTS. YOU READY, MA'AM? YES, PUBLIC.