[14. THIS ITEM SET FOR TIME CERTAIN OF 5:15 PM - TENTATIVE MILLAGE FOR FY 2023 (RC): RESOLUTION No. 79-2022; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING THE TENTATIVE MILLAGE RATE FOR FISCAL YEAR 2023; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.]

DAVID, I'M GONNA HAND IT OVER TO YOU. AND YOU CAN YES, SIR. THAT'S UH, THE CITY ATTORNEY TO READ THE RESOLUTION TITLE FOR THE FIRST ITEM ON THE TENTATIVE MILLAGE RESOLUTION 79-20 TO 2.

IS THAT RIGHT? THE SAME PAGE 1ST 1 79 2222? YES. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, ADOPTING THE TENTATIVE MILLET RATE FOR FISCAL YEAR, 2023 PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS THE CITY COMMISSION HAS THIS DATE HELD A PROPERLY ADVERTISED PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF SECTION 200.65 OF THE FLORIDA STATUTES TO ADOPT THE TENTATIVE MILLAGE RATE FOR THE 2022 2023 FISCAL YEAR, AND WE'RE AS THE CITY COMMISSION HAS DISCUSSED THE PERCENTAGE INCREASE IN MILLAGE OVER THE ROLLBACK RATE NECESSARY TO FUND THE BUDGET. IF ANY. AND THE SPECIFIC PURPOSES FOR WHICH ADVIL OR, UM, TAX REVENUES ARE BEING INCREASED. AND WHEREAS THE CITY COMMISSION HAS PROPOSED TO

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MAINTAIN THE MILITARY AND WHEREAS THE PUBLIC HAS BEEN ALLOWED TO SPEAK AND ASK QUESTIONS REGARDING THE TENTATIVE MILITARY PRIOR TO THE ADOPTION, AND THE CITY COMMISSION HAS EXPLAINED THE REASONS FOR THE LOWER ROLLED BACK RATE. AND WHEREAS THE CITY COMMISSION HAS AMENDED THE PROPOSED BUDGET FOR FISCAL YEAR, 2022 TO 2023 RE COMPUTED THE PROPOSED MILITARY AND HAS ANNOUNCED PUBLICLY THE PERCENT, IF ANY, BY WHICH THE RE COMPUTED PROPOSED MILITARY EXCEEDS THE ROLLBACK RATE NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA. THAT SECTION ONE THE TENTATIVE MILLAGE RATE FOR THE 2022 2023 FISCAL YEAR OF THE CITY OF STUART, FLORIDA, SHELBY $5 PER $1000 OF ASSESSED PROPERTY VALUE AS CERTIFIED BY THE MARTIN COUNTY PROPERTY APPRAISER. THIS RATE IS ALSO EXPRESSED AS 5.0 MILLS. THE TENTATIVE MILITARY EXCEEDS THE TENTATIVE ROLLBACK RATE BY 7.5.

THIS IS AN INCREASE IN THE PROPERTY TAX AS TENTATIVELY ADOPTED. SECTION TWO A PUBLIC HEARING TO FINALIZE THE BUDGET AND ADOPT A FINAL MILITARY. SHALL BE HELD SEPTEMBER 26 2022 AT 5 15 PM AT CITY HALL. 121 SOUTHWEST FLAGLER AVENUE. STUART FLORIDA, THE CITY CLERK SHALL PUBLISH THE ADVERTISEMENT, THEREFORE, ACCORDING TO LAW. SECTION THREE. THIS RESOLUTION SHALL TAKE EFFECT ON ADOPTION. MAYOR WOULD BE LOOKING FOR A MOTION HOLD ON. SO I THOUGHT I WAS JUST READING THE TITLE. HE JUST TOLD HALF MY THUNDER. THAT'S OKAY. SORRY THERE'S A TITLE BY FLORIDA LAW TO PUBLIC HEARINGS MUST BE HELD TO ULTIMATELY ADOPT THE FINAL MILITARY AND ANNUAL BUDGET. THE CITY OF STUART, FLORIDA THE PURPOSE OF TONIGHT'S FIRST PUBLIC HEARING OR TENTATIVE IS TO HEAR PUBLIC COMMENTS REGARDING THE PURPOSE. THE PROPOSED MILITARY RATES AND BUDGET AMEND THE BUDGET IF NECESSARY, AND ATTENTIVELY ADOPT THE MILLAGE RATE AND CITY BUDGET FOR FISCAL YEAR. 2023 THE FIRST PUBLIC HEARING HAS BEEN ADVERTISED VIA THE NOTICE OF PROPOSED PROPERTY TAXES MAILED TO THE PROPERTY BY THE PROPERTY APPRAISER'S OFFICE HAD ASKED THAT MR MOGLIA LEE, UM, WELL, HE'S GOT THE PRESENTATION UP, AND SO I WANT TO DO A SHORT PRESENTATION TO YOU AS IT RELATES TO OUR CURRENT BUDGET.

WE DID HAVE TO BUDGET WORKSHOPS . THE FIRST ONE WAS PRIMARILY ON THE CAPITAL IMPROVEMENT PLAN, WHICH FOCUSED ON OUR LARGER PROJECTS, AND THEN WE DID A REGULAR WORKSHOP BUDGET, WHICH AGAIN I HAD APOLOGIZED DURING THAT BUDGET BECAUSE OF OUR NEW SOFTWARE SYSTEM THAT WE'RE GOING TO DIDN'T DIDN'T PRESENT AS WE PRESENTED THE BUDGET IN THE PAST. HOWEVER WE PLAN TO HAVE THAT FIXED WITH OUR BUDGET FOLKS . BUDGET SOFTWARE FOLKS NEXT YEAR THIS PRESENTATION WE HAD PUT TOGETHER SO IT SHOWS A LITTLE BIT BETTER ON WHAT THOSE PUTS AND TAKES ARE OVER THE LAST FISCAL YEAR VERSUS THIS FISCAL YEAR AND WHAT THOSE CHANGES ARE AND WE'LL DISCUSS THOSE IN THIS PRESENTATION. TAKE OVER. THE MILITANT INFORMATION UM, EVENING , EVERYONE, UM LEWIS WOBBLY. OLY FINANCE DIRECTOR FOR THE CITY OF STEWART HERE AGAIN AND COMING UP ON MY 28TH YEAR, PRESENTING THESE TO YOU. SO YEAH, THANK YOU . SO, YEAH. SO NO MATTER WHO'S BEEN IN THE CHAIR I'VE BEEN PRINTING AND DOING THESE BUDGETS SINCE MY FIRST YEAR HERE IN 95. SO YEAH, I'M FAMILIAR WITH IT.

SO WHAT I PREPARED FOR YOU TONIGHT FOR YOU TO LOOK AT FOR THOSE OF YOU HAVE BEEN HEARING THOSE RENEW. UM I JUST WOULD LIKE TO SAY WITH COMMISSIONER ACROSS COUGH IN THE AUDIENCE AND VERY NERVOUS. HE BEAT ME UP FOR YEARS. UM YEAH. UM BASICALLY WHAT THE PROPERTY APPRAISAL WILL ANNOUNCE IN THE NEWSPAPER. WHAT THE INCREASE OVER PROPERTY VALUES ARE AND FOR FINANCE DIRECTORS. THAT'S A BEING OF OUR EXISTENCE BECAUSE BY TRIM LAW WE ARE REQUIRED TO BUDGET BASED ON THE D R 4 20, WHICH IS A PRELIMINARY NUMBER THAT COMES OUT AND THEN LATER, AFTER ALL, THE VALUE ADJUSTMENT BOARD HEARINGS ARE DONE WILL COME UP WITH WHAT WAS THE FINAL ADJUSTED VALUE FOR THE YEAR, WHICH IS THE ER FOR 22. BUT FOR BUDGETING PURPOSES I'M TIRED OF THE D R 4 20. SO WHAT I'M SHOWING YOU HERE IS EACH YEAR WITH THE TAXABLE VALUE WAS OF THE 4 20 THAT WE BASED OUR BUDGETS ON AND GIVING YOU A FIVE YEAR LOOK. AND SO BASICALLY THIS YEAR'S TAXABLE VALUE IS $2.7 BILLION. THE ROLLBACK RATE, WHICH IS CALCULATED BASED ON THE AVALON REVENUES COLLECTED LAST YEAR. BASED ON THAT FINAL CERTIFIED NUMBER, NOT THE NUMBER. WE HAD A BUDGET OFF OF ANOTHER NUMBER THAT NO ONE KNOWS ABOUT UNTIL THE END OF THE YEAR. LESS R C R A PAYMENT, SO WHATEVER WE HAD TO PAY TO THE SIERRA AND TIFF VALUES AS WELL AS A FLORIDA PERSONAL INCOME ADJUSTMENT FACTOR, SO THIS ROLLBACK RATE. I CAN'T DO WITH A CALCULATOR. WE

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HAVE TO WAIT FOR THE STATE TO TELL US AND THEN THIS IS OUR PROPOSED MILLAGE RATE OF FIVE.

AND SO THAT WOULD GENERATE 13,000,007, BUT AGAIN BY TRIM WERE REQUIRED TO BUDGET AT LEAST 95% THAT COVERS FOR THOSE PEOPLE WHO MAY NOT PAY THEIR TAX BILL THIS YEAR MIGHT BE UNCOLLECTIBLE REVENUES. ALSO THERE WERE GAMES IN THE PAST WERE CREATIVE FINANCE DIRECTORS WOULD ONLY BUDGET 80% AND THEN YOU KNOW AND SAYING SO YOU HAVE TO BUDGET AT LEAST 95. SO THAT RESULTS IN THAT 13,000,021 OH, NINE, WHICH IS SHOWN IN THE BUDGET DOCUMENTS THAT YOU HAVE. THAT IS, AS THE MANAGER STATED A 7.5% INCREASE OVER THE ROLLBACK RATE. AND THE CHANGE IN TAXABLE VALUE FOR US FOR BUDGETING PURPOSES WAS A 15% INCREASE FOR BUDGETING PURPOSES. NOW THAT LAST LINE THERE THE LAST TIME THE CITY OF STEWART ITS HIGHEST TAXABLE VALUE WAS IN THE YEAR 2008. AND YOU CAN SEE THERE THAT IN 2019. WE WERE STILL 17% BELOW OUR HIGHEST TAXABLE VALUE. WE WERE STILL 11.8% BELOW IN 20. WE'RE STILL 5.8% BELOW IN 21 LAST YEAR, THE CURRENT YEAR. CURRENT YEAR BUDGET WE FINALLY TOPPED OVER R 2008 VALUE BY 1. SO FOR PEOPLE TO SAY YOU'VE RECOVERED FROM THE RECESSION CITY OF STEWART'S TAXABLE VALUE HAD NOT REACHED ITS 2008 LEVELS UNTIL LAST UNTIL THE CURRENT YEAR. AND NOW THIS YEAR THAT TAXABLE VALUE IS 16% OVER THAT 2008 TAXABLE VALUE NUMBER AND THEN UNDERNEATH IS A SMALL DISPLAY THAT I PUT TOGETHER FOR, YOU KNOW IF WE SHAVED OFF THE MILLS NECESSARY TO REACH ROLLBACK RATE, WHAT THE EFFECT WOULD BE TO THE BUDGET.

UH IF WE TOOK OFF JUST AROUND QUARTER MIL IF WE TOOK OFF THE EVENT, THE AMOUNT TO DO A 1% DECREASE AND THEN ALSO THE INVERSE OF ADDING A QUARTER MIL, ADDING HALF A MILLION, ADDING ONE MIL. AND THEN UNDERNEATH WOULD BE THE MANAGER ASKED ME TO DO SOME WHAT IFS. AND SO LET'S SAY WE WANTED TO CUT $250,000 OUT OF THE BUDGET. THAT'S THE AMOUNT OF MILLS YOU WOULD REDUCE YOUR NEW MILITARY WOULD BE 4.9040. AND THE TAXPAYER WITH A TAXABLE VALUE ON THEIR PROPERTY OF $10,000 WOULD SAVE 96 CENTS. AND THE TAXPAYER WITH A MILLION DOLLAR TAXABLE VALUE WOULD SAY $96. BY DOING THAT CUT TO MILLAGE. ANY QUESTIONS ON THAT SLIDE? OKAY UM, SOME THINGS THAT WE DEALT WITH IN THE REVENUE CATEGORY THIS YEAR THAT AS I WANTED TO SPELL THIS OUT FIRST, THAT IT WAS A 15% INCREASE. BECAUSE THE PROPERTY APPRAISER IN THE IN THE NEWSPAPER WILL ANNOUNCE A DIFFERENT NUMBER. BUT THAT'S NOT WHAT WE ARE REQUIRED TO BUDGET BY. AH I STILL HAVE SOME OF THESE NUMBERS IN THE BUDGET OF MY MODELS BECAUSE SOME ARE NOT PROVIDED TO US. THOSE ARE THERE AND I HAVE MODEST PROJECTIONS OF INCREASES IN UTILITY TAXES AND OTHER GROWTH OTHER THAN PROPANE. PROPANE TAX IS THERE'S A LOT MORE PROPANE USE IN THE CURRENT YEAR'S PROJECTED HIGHER THAN NORMAL. REVENUE GAIN IN THAT, AND THEN THE STATE SHARED REVENUES. HALF CENT SALES TAX, ALCOHOL, BEVERAGE, MUNICIPAL REVENUE SHARING TO BE A FEW WERE INCREASED BASED ON FLORIDA ECONOMY AND STEWART POPULATION, BUT SOME PEOPLE MAY NOT KNOW IS THAT SEVERAL OF THE MAJOR REVENUE SOURCES FOR THE CITY OR BASED ON OUR POPULATION. SALES TAX IS NOT BASED ON WHERE THE ITEM WAS PURCHASED. IT'S NOT IF YOU BUY IT IN BEST BUY, AND STUART STUART DOESN'T GET THAT SALES TAX. HE GOES TO THE STATE, AND IT'S CALLED HALF CENT SALES TAX BECAUSE THE STATE'S TAX RATE IS SIX CENTS. 5.5 STAYS IN TALLAHASSEE. HALF OF IT COMES BACK TO MARTIN COUNTY AND THEN HIS DEPUTY UP BASED ON POPULATION. THE STATE ADVERTISERS WHAT POPULATION NUMBER THEY USED FOR US, WHICH I BELIEVE WAS 17 6 44, WHICH IS NET OF 23 INMATES. I THINK THAT FALLEN THE COUNTY JAIL, WHICH IS IN CITY LIMITS, SO THEY SUBTRACT THE INMATES FROM OUR POPULATION NUMBER. AND SO THAT IS WHERE HAVE SEEN SALES TAX COMES FROM.

OH GOODNESS. THE QUESTION OF THIS 15.8% INCREASE IN BUDGETED TAXABLE VALUE. WHAT PERCENTAGE OF THAT IS DUE TO THE INCREASE IN MY HOME THAT'S BEEN HERE FOR 70 YEARS. AND WHAT 14% OF THAT IS DUE TO THE PRESENCE OF NEW UNITS SUBJECT TO TEXAS. OKAY IN THE BUDGET DOCUMENT ITSELF, WHICH TO THE MANAGER REFERRED THE CITY OF STEWART WILL BE OUR BUDGET THIS YEAR IS GOING TO BE COMPLETELY ONLINE TO GO PAPERLESS IN THAT IS THE ACTUAL DDR 4 20 DOCUMENT. THEY DO PRESENT WHAT IS NEW CONSTRUCTION VERSUS BUT THE NEW CONSTRUCTION NUMBERS EASY BECAUSE THAT'S JUST WHAT'S BEEN ADDED TO THE TAX ROLL. YOUR QUESTION PERSONALLY ABOUT YOUR HOUSE. SO THIS THIS STATEMENT THAT EVERYONE'S TAX WENT UP 7.5. THERE ARE GONNA BE HOMES WHOSE TAXABLE VALUE DIDN'T CHANGE AT ALL. AND SINCE OUR MILITARY DIDN'T CHANGE THOSE INDIVIDUALS WERE RECEIVED NO TAX

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INCREASE. THERE'S SOME INDIVIDUALS WHOSE HOUSES DILAPIDATED PROPERTIES WENT DOWN IN VALUE. WE LEFT OUR TAX RATE THE SAME. THOSE PEOPLE WILL GET A TAX CUT. AND THEN THERE ARE THOSE PEOPLE WHOSE PROPERTY VALUES APPRECIATED IN VALUE AND THUS LEAVING OUR TAX RATE THE SAME. THOSE PEOPLE WILL GET A TAX INCREASE, BUT ACROSS THE WHOLE, THE AVERAGE WAS AN INCREASE, SO WE ALWAYS ADVERTISE THAT THERE'S GOING TO BE A TAX INCREASE TO PEOPLE BUT YOU INDIVIDUALLY. I DON'T KNOW. COMMISSIONER IF YOUR HOME VALUE STAYED THE SAME AS YOUR HOME VALUE WILL DO THAT. THAT'S NOT THE POINT OF MY QUESTION. I'M GETTING TRYING TO GET THE PIECES ON THAT DOCUMENT. I WOULD HAVE TO LOOK UP THE FOCUS. I DIDN'T COME PREPARED WITH THAT NUMBER.

I DON'T WANT TO MISQUOTE IT, BUT I CAN GET TO IT DURING THIS MEETING. IF YOU'D LIKE TO SEE IT WANT TO THINK THAT IS OH, UM, TAKE INTO TAKING CONSIDERATION IN THE HOME VALUES IS ON HOMESTEADED PROPERTY. THE PROPERTY APPRAISER IS LIMITED AS TO HOW MUCH THEY CAN RAISE THE VALUE PER YEAR. UM NOT HOMESTEAD OF PROPERTY IS NOT BAD. AND THEN THERE'S ALSO ON IN GENERAL WHEN HOUSE TRANSFERS FROM ONE OWNER TO ANOTHER. THAT'S WHEN YOU SEE BIG INCREASES AND ASSESSED VALUES. I? WELL I THINK YOU UNDERSTAND MY QUESTION, SIR. AND I WILL. I WILL GET MY GRAB YOU YOU CAN SHOW IT TO ME. IT'S ACTUALLY IT'S LINE THREE OF THE D R 4 20. I BELIEVE IT SAYS NEW CONSTRUCTION VALUE THAT SOMEONE I WON'T REMEMBER THAT WILL FOR YOU, SIR. YEAH I WILL SHOW IT TO YOU. AND JUST AND JUST ON THAT NEW CONSTRUCTION PIECE. ALSO THE PROJECT HAS TO BE CEO. AND THEN IT IS EVALUATE THE FOLLOWING YEAR. SO IT'S NOT SO SOME STUFF HAS COME ONLINE ACTUALLY WON'T BE IN OUR PERCENTAGE INCREASE YET, RIGHT? ABSOLUTELY. THE MANAGER IS CORRECT. BIG NUMBER THAT'S A BIG NUMBER AND ADVIL OR IT'S A I MEAN, I'VE SAID I'VE BEEN HERE ALMOST 28 YEARS I'VE SEEN BIGGER. I'VE SEEN SMALLER BELIEVE ARE SCIARRA HAD HAD THE LARGEST INCREASE EVALUATION. THE CR A VALUE WENT UP HIGHER THAN THE GENERAL FUND VALUE, BUT IT'S SINCE IT'S EXISTENCE. YEAH.

THANK YOU. NO, SIR. AND WE'LL GET TO THAT. HERE IS A BREAKDOWN OF THOSE. VARIANCES IN REVENUES OVER THE CURRENT YEAR BUDGET AMENDED CURRENT YEAR BUDGET TO WHAT WAS RECOMMENDED OR BY THE MANAGER. WHAT THE CHANGES ARE IN THOSE INDIVIDUAL CATEGORIES, AND THEN THAT PERCENT CHANGE THAT SOME OF THE VIEWERS THAT ASKED FOR I SAID, OUR OUR SOFTWARE IS BRAND NEW, AND THEY ONLY HAD ONE YEAR IN IT, SO WE DIDN'T HAVE THE SECOND YEAR OR PRIVATE PRIOR YEAR TO DO THAT VARIANCE CHANGE SO NEXT YEAR. THERE'LL BE MORE INFORMATION TO PERFORM THESE KIND OF ANALYSES FOR YOU. ALSO THERE, YOU CAN SEE THE C R A UM , IT'S CHANGES IN REVENUE SOURCES NOW A LITTLE INFORMATION . THE C R. A S REVENUE DOESN'T COME FROM TAXES. IT COMES FROM AN INTERGOVERNMENTAL TRANSFER FROM MARTIN COUNTY AND IN TRUST FUND TRANSFER FROM GENERAL FUND. SO THAT'S THE TWO LARGE NUMBERS ARE SPLIT UP BETWEEN THE COUNTY AND THE CITY, BUT IT'S NOT RECORDED AS AVALON TAXES TO THE SIERRA. IT IS INTER FUND TRANSFERS. AND THEN WATER SEWER. THERE ARE VARIOUS THINGS THERE.

I HAVE SOME NOTES ABOUT WHAT THE INCREASES ARE OF ANYONE. QUESTIONS ABOUT THAT, AS WELL AS THE SANITATION FUNDING STORMWATER. I DIDN'T PRESENT THE POLICE SPECIAL REVENUE FUND, WHICH IS IN THE BUDGET. IT'S DRIVEN ONLY BY COLLECTIONS OF SEIZURES AND YOU KNOW, PEOPLE PAYING PARKING FINES, THINGS LIKE THAT. AND THE LANDFILL MONITORING FUND IS ALSO IN THE BUDGET. I DIDN'T PRESENT IT HERE IT REMAINED FLAT. AND, UM POLICE PROPERTY FUND, SO. BUT THOSE ARE ALL AVAILABLE FOR INSPECTION UPON YOUR REQUEST. AND THERE'S OTHER SOURCES AND OTHER USES, WHICH YOU'LL SEE ON THE EXPENSE SIDE ARE MADE UP BY THOSE INDIRECT COSTS THOSE TRANSFERS IN AND OUT FROM INTRA FUNDS AND ALSO RESERVES IF WE'RE TAKING FUNDS FROM RESERVES ARE PUTTING FUNDS TO THE RESERVES. YES, SIR. ON THE APPROPRIATION SIDE. SOME THINGS THAT WE HAD TO DEAL WITH.

THERE WAS A MODEST 2% INCREASE IN HEALTH INSURANCE THIS YEAR. UM THE CITY DID NOT PASS THAT ON TO THE EMPLOYEES. WE DECIDED TO TAKE THAT ON OURSELVES AS THE EMPLOYER. AND UM, THAT'S ALL DUE BASICALLY TO OUR WELLNESS PROGRAM. THE EMPLOYEE CLINIC THAT'S THERE THAT ALLOWS THE EMPLOYEES TO ADDRESS THOSE SMALL HEALTH CONCERNS RATHER THAN GOING AND HITTING THE HEALTH INSURANCE PROGRAM. AND ALSO ON THE PROPERTY CASUALTY AND WORKERS COMPENSATION SIDE. THERE WAS A 12% INCREASE, AND I FOLLOWED THE 22% INCREASE WE TOOK LAST YEAR. AND I MADE A SPECIAL NOTE THAT THE MAIN DRIVER, THERE'S CYBERSECURITY. UM THEY ALMOST AREN'T EVEN RENEWING THAT INSURANCE ANYMORE FOR GOVERNMENTS. WE HAD TO MEET HIGHLY STRINGENT SECURITY.

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PROCEDURES HERE AT THE CITY TO EVEN QUALIFY FOR THE INSURANCE QUOTE, SO AND THEN THE FRS. THE FLORIDA RETIREMENT SYSTEM, WHICH THE CITY IS A MEMBER OF, UH THEY HAVE INCREASES WHICH ARE PASSED STATUTORILY TO NOT ONLY FUND THE PROGRAM BUT ALSO THE UN ACCRUED OR THE UNFUNDED, ACCRUED LIABILITY. THE FRS PLAN IS QUITE HEALTHY, THOUGH, AND WELL FUNDED. BUT YES, THIS IS A STATUTORY CHARGE TO THE CITY THAT WE CAN'T NEGOTIATE OR ALTER IN ANY WAY. SO THOSE NUMBERS ROLLED INTO HERE. YOU CAN SEE THE. INCREASES IN THE PERSONAL SERVICES WERE PRETTY MUCH ACROSS THE BOARD IN THE ENTERPRISE FUNDS GENERAL FINDINGS SHOWING A SLIGHTLY LARGER ONE. WE HAD A COUPLE OF NEW POSITIONS THAT THE MANAGER REQUESTED IN THIS BUDGET. AND THOSE HELP PUSH THAT NUMBER UP A LITTLE BIT DOWN. THE PERCENTAGE IS REAL GOOD GOALIE ON THE ON THE HIGHS AND LOWS, 11% IS EQUATES TO PRIMARILY THE PUBLIC SAFETY POSITION INCREASES THAT WE HAD REQUESTED. UM THE 35% DECREASE IN THE OTHER USES IS MAINLY AROUND THE ARPA ALLOCATIONS. WHAT WE'RE EXPENDING FUNDS ALLOCATED THROUGH THE AMERICAN RESCUE PLAN. UM IS LESS THAN IT WAS IN THE PREVIOUS FISCAL YEAR, BUT MORE ON THE SCENE ON THE STORMWATER SIDE. THAT'S WHY THAT'S PIECE DOWN THERE IS LARGER. THROUGH THE COMMUNITY DEVELOPMENT. YOU SEE THAT HUGE 284% INCREASE THAT'S PRIMARILY DUE TO THE UNDERGROUND IN. WE'RE TAKING FUNDS FROM THE RESERVE AND FUNDING THAT PROJECT OUTRIGHT SO THAT WE'RE NOT GOING INTO ANY DEBT SERVICE FOR THAT PROJECT. WE ALSO, UM OVERALL OR SEEING BECAUSE OF THAT AND OVERALL WITHIN THE COMMUNITY DEVELOPMENT AREA 66% INCREASE EVEN THOUGH YOU HAVE SOME NEGATIVE OFF SETTINGS AND THE OTHERS. IT'S A BIG EXPENSE THAT WE'RE HEADING THROUGH THE C R A THIS YEAR. THROUGH WATER AND SEWER. UH UM, YOU'LL SEE, UM, NOT A HUGE INCREASE AT ALL. THERE'S ACTUALLY A DECLINE IN THE OTHER USES, WHICH IS THOSE TRANSFERS OUT AND THEN ALSO THE SANITATION YOU'LL SEE UNDER THE CAPITOL OUTLAY. 108% INCREASE, WHICH IS LOOKS LIKE A BIG NUMBER. THAT'S DUE TO A NEW FRONT END LOADER DUMP TRUCK FOR COMMERCIAL USE PURSES. AS WELL AS A ROLL OFF BED TRUCK PURCHASE . UM THAT'S OCCURRING, AND I BELIEVE THERE'S ANOTHER ONE CHILL IN THE CLAMSHELL TRUCK THAT'S BEING PURCHASED, SO THERE'S SOME SOME EXPENSES THERE ON THE CAPITOL OUTLAY THAT INCREASE THAT SECTION SIGNIFICANTLY AND THEN THE STORM WATER SIDE, YOU'LL 174% WILL JUMP OUT TO YOU IN THE CAPITAL OUTLAY SIDE. THOSE ARE FUNDED THROUGH THE HARPER REVENUE SIDE ON THE REVENUE SIDE OF STORMWATER WHERE WE'RE ALLOCATING FUNDS TO DO SOME STORMWATER DESIGNS AS WELL AS A COUPLE OF STORM WATER PROJECTS THROUGH THE AMERICAN RESCUE PLAN FUNDING, WHICH IS A DIRECT ALLOCATION AND ALLOWABLE UNDER THE FUND. UM AND THE ILLINOIS AVENUE WITH THE INDIAN RIVER LAGOON. I THINK FOR THE LIVING SHORE YES, THEY'RE ALSO BOSS. SO THERE'S MULTIPLE THINGS IN THERE THAT MADE THOSE HIGH INCREASES THAT AREN'T NECESSARILY, UM, OUT OF THE LAUREN RELATED. THEY'RE EITHER THROUGH, UM, GRANTS OR ALLOCATIONS FROM ARBA OR ALLOCATIONS FROM THE STATE OR REVENUES FROM FUND BALANCES FROM THE DIFFERENT FUND SECTIONS.

NORMALLY WE DON'T GO INTO THIS MUCH DETAIL AT THIS STAGE, BUT WITH HAVING TWO NEW COMMISSIONERS ON BOARD, WE FELT IT WAS IMPORTANT TO AND I KNOW THE TWO NEW COMMISSIONERS WHILE RUNNING ATTENDED WORKSHOPS AND SO FORTH, BUT I WANTED TO MAKE SURE WE HAD A, UH, A COMPLETE VISUAL AS MUCH AS WE COULD ON THE BUDGET PRIOR TO, UH GOING INTO THE NEXT MEETING, WHICH WILL BE THE FINAL ADOPTION. IS THERE ANY QUESTIONS AS PRESENTED IS IT POSSIBLE TO CARVE OUT ONE OF THAT IS GRANT VERSUS WHAT ABOUT ITS TAXPAYER AND THE SECTIONS TO GET A BETTER WELL.

IN GENERAL FUND, UH, ANTICIPATING THAT QUESTION DURING THE PREVIOUS PRESENTATION . THERE'S ABOUT $2.1 MILLION IN GENERAL FUND, ADDING UP SOME GRANT OPPORTUNITIES, EVERYTHING FROM THE CSC GRANT TELL FUN RECREATION. SOME STATE GRANTS. UH FOR PUBLIC SAFETY'S AND ADVERTISING ON THE TRAM. AND, UN THERE. SO THERE'S ABOUT 2,000,002 0.1 MILLION IN GENERAL FUND IS BEING FUNDED BY GRANT THAT INCLUDE THE RP FUNDS AT 2.1 MILLION, VERY SMALL PIECE, LIKE THE MANAGER, REALLOCATING MOST OF THOSE FUNDS TO STORMWATER ANOTHER ENTERPRISE FUNDS. AND SO THERE'S NO AVALERE IN TAXES GOING TO ENTERPRISE FUNDS AT ALL. SO WE'RE JUST TALKING GENERAL FUND. I JUST HAVE ONE COMMENT. IN WALKING AROUND AND TALKING TO PEOPLE BY FAR THE MOST. COMMON. COMPLAINT WAS INADEQUATE DRAINAGE AND DEALING WITH FLOODING AND NEIGHBORHOODS.

I JUST WANT TO COMMEND THE CITY HAVING THE FORESIGHT THAT THAT IS A BIG NUMBER. 69% OF THEM.

MONEY IS WELL SPENT. AND WITH THE SEVERITY OF STORMS WE'RE SEEING AROUND THE COUNTRY IN THE

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WORLD. YOU KNOW, IT'S SOMETHING LIKE THAT WOULD HAPPEN IN THE CITY. WELL PREPARED AND THIS COMING, UM, LEGISLATIVE WHERE OUR APPROPRIATIONS ARE GOING TO BE FOCUSED THAT STORM WATER AS WELL, SO WE'LL BE ASKING STATE LEGISLATORS FOR STORMWATER APPROPRIATIONS APPROVED, THEY COMPLETED A STORMWATER MANAGEMENT PLAN FOR THE WHOLE CITY THAT THAT WE'VE BEEN WORKING ON, AND WE'VE BEEN IDENTIFYING AND TRYING TO THE WORST IS SO LONG OF BOTH LARGE AND SMALL PROJECTS. I'VE SEEN THAT AND I THINK WITH THAT BEING, SAID THE CITY OF STUART, FLORIDA ROLLED BACK RATE FOR FISCAL YEAR. 2023 IS 4.6513 MILLS, THE CITY IS PROPOSING A MILLAGE RATE FOR THE FISCAL YEAR 2023, WHICH EXCEEDS THE ROLLBACK RATE BY 7.5% THE CITY IS PROPOSING A MILLAGE RATE OF 5.0 MILLS, WHICH IS THE CURRENT MILITARY FOR THE CURRENT FISCAL YEAR. THE PURPOSE FOR THE INCREASES TO FUND CURRENT OPERATIONS AND ACCOMMODATE NORMAL INCREASES IN THE COST OF THOSE OPERATIONS, MR MAYOR OKAY . OKAY. THANK YOU. DO WE HAVE A WE HAVE ANY MOTION TO APPROVE IT? MOTION TO APPROVE THE MILLAGE RATE AT 5.0% FISCAL YEAR. 2022 IS IT WASN'T RESOLUTION NUMBER SECONDED? YES RESOLUTION. 17 18 1920 22 SHOULD NUMBER 79 2022, WHICH HAS BEEN PUBLISHED WITH THE MILITARY RATE. OKAY WE HAVE A MOTION BY COMMISSIONER CLARK IN SECOND BY COMMISSIONER BRUDER. DO WE HAVE ANY DISCUSSION? DO WE HAVE ANY PUBLIC COMMENT? MARK. SORRY MARK . I DIDN'T SEE YOU WALKING UP. IF YOU AS YOU KNOW, POLICE FOR A LOT OF BILL TWO OH, EIGHT SOUTHEAST AS YOU ON THE STREET. UM MY ONLY QUESTION OR CONCERN.

IS THAT LOOKING AT THE BUDGET? YOU KNOW, WE'VE HAD ALL OF THIS GROWTH THAT SUPPOSEDLY IS COMING ONLINE THAT'S SUPPOSEDLY GOING TO PRODUCE ADDITIONAL TAX REVENUE. THAT'S DOWN THE ROAD. I UNDERSTAND THAT THAT'S GOING TO TAKE AWHILE, BUT MY CONCERN IS THAT WE'RE FUNDING AN AWFUL LOT OF INFRASTRUCTURE PROJECTS WITH CASH INSTEAD OF DEBT AND IN A POTENTIAL RISING INTEREST RATE ENVIRONMENT THAT'S GOING TO COST US A LOT MORE THAN IF WE CAN FIND SOME PERCENTAGE, PARTICULARLY SCIARRA OF THIS WITH THAT, INSTEAD OF FUNDING IT OUT OF POCKET, AND I THINK WE NEED TO LOOK AT THAT BECAUSE WE NEED TO LOOK AT WHETHER OR NOT AN INFRASTRUCTURE PROJECT THAT'S GOING TO LAST 15 OR 20 YEARS. SHOULD BE FUNDED WITH SHORT TERM. MONEY BASICALLY CASH IN HAND RATHER THAN SOME SOME ADDITIONAL BORROWING. IT DOES MAKE SENSE TO BORROW TO FUND SOME OF THOSE TYPE OF THINGS, BECAUSE IN THE LONG RUN, IT'S CHEAPER, PARTICULARLY IF WE'RE LOOKING AT AN INFLATIONARY ENVIRONMENT. SO I THINK THAT YOU KNOW THAT'S ONE OF THE THINGS THE OTHER THING THAT I WAS LOOKING AT IS WHETHER OR NOT I WAS SURPRISED TO FIND OUT THERE'S STILL A NUMBER OF SEPTIC SYSTEMS DOWN COLORADO AND DOWNTOWN. WE SHOULD GET THOSE OUT OF HERE. THERE'S NO REASON THAT YOU KNOW THAT'S GOING TO HAVE A DIRECT IMPACT ON THE RIVER THAT'S CLOSE TO THE RIVERS AS POSSIBLE. AND I'D LIKE TO SEE AT LEAST A BUDGET TAKE INTO CONSIDERATION, CONVERTING SOME OF THOSE SEPTIC SYSTEMS. THANK YOU. ANY OTHER PUBLIC HABIT ADDRESS REAL QUICK, THE SEPTIC SYSTEM ISSUE. I HAVE BEEN TALKING WITH MR VOLCKER ABOUT DOING ANOTHER CITYWIDE SIGN UP AND SAVE. SO WE'RE WORKING ON THE ASPECT OF THAT AND WHAT THAT LOOKS LIKE AND WHAT THAT MEANS FOR THOSE WHO HAD SIGNED UP AND NOT SAVED, SO WE DID HIM AS WE DID BASINS BEFORE, AND SO NOW WE'RE LOOKING AT YOU KNOW, WE'RE DONE WITH ALL THE BASINS. DO WE WANT TO DO A CITYWIDE ONE TIME SHOT, SIGN UP AND SAVE DEAL FOR EVERYONE IN THE CITY. SO WE'RE EVALUATING THAT NOW. GREAT THANK YOU. NO FURTHER PUBLIC COMMENT. WOULD YOU CALL THE ROLL? COMMISSIONER RICH I. COMMISSIONER CLARK YES, COMMISSIONER COLLINS COMMISSIONER BRUNER. YES. MCDONALD? YES. AND CONGRATULATIONS. GUYS COMPLETED

[15. THIS ITEM SET FOR TIME CERTAIN OF 5:15 PM - FIRE ASSESSMENT FOR FY 2023 (RC): RESOLUTION No. 80-2022; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPROVING THE FISCAL YEAR 2022-23 NON-AD VALOREM ASSESSMENT ROLL FOR FIRE PROTECTION SERVICES, FACILITIES AND PROGRAMS; DIRECTING CERTIFICATION OF THE ASSESSMENT ROLL TO THE MARTIN COUNTY TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE.]

YOUR FIRST VOTE. OKAY GOING ONTO THE FIRE ASSESSMENT? UH DAVID ASKED MR MARTEL TO READ THE RESOLUTION TITLE TITLE IN THEIR RESOLUTION NUMBER 80-2020 TO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPROVING THE FISCAL YEAR 2022 TO 2023 9 ADVIL OR, UM, ASSESSMENT ROLE FOR FIRE PROTECTION SERVICES. FACILITIES AND PROGRAMS DIRECTING SORT OF CERTIFICATION OF THE ASSESSMENT ROLL TO THE MARTIN COUNTY TAX COLLECTOR AND PROVIDING AN EFFECTIVE DATE. THE REASON I READ THE WHOLE ONE LAST TIME JUST TO MAKE SURE WE'RE PAST 5 15. OH, MR MAYOR, THERE HAS BEEN THERE'S NO RATE INCREASE AS IT RELATES TO THE FIRE ASSESSMENT.

ANY NEW PROPERTIES THAT CAME ON THERE WILL BE SUBJECT TO THE ASSESSMENT DID HAVE DIRECT LETTER NOTICES MAILED TO THEM. OKAY GREAT. DO WE HAVE A MOTION FOR APPROVAL? APPROVAL. 2ND 2ND . OKAY. WE HAVE MOTION BY COMMISSIONER CLARK, SECOND BY COMMISSIONER BRUNER. DO WE HAVE ANY PUBLIC COMMENT ON THE FIRE ASSESSMENT? BE WE DO MR CROSSED. JEFF CROSS COUGH. THANK YOU.

[01:40:07]

VERY CHRIS COUGH. MULTIPLE TIME MAYOR PRESSING OFF. YOU KNOW SOMETHING? THIS QUESTION JEFF CROSS CUFFS, AND HE WAS STEWART ST LOUIS BOULEVARD. UM WHEN THAT WAS ORIGINALLY ADOPTED. UM IT WAS ADOPTED AT 108 FOR VACANT LAND AND THEN A FIRST ATTENDED DOLLAR FIGURE PER 1000. AS IT HAS GROWN. HAS THERE BEEN AN ANALYSIS OF GOING FROM $5 1000 TO 4 50,000 AS EVERYTHING'S GROWN OR IS THAT JUST KEPT GROWING. OKAY LAST. I REALLY DON'T SPEAK. OKAY YEAH. NO SIR.

THE ORIGINAL FIRE ASSESSMENT WAS SUPPOSED TO RECOUP 30% OF THE FIRE OPERATION OF THE M S. AND THAT'S THE DOLLAR, A WEIGHT AND A DOLLAR 30. FIVE PER $5000 OF TAXABLE GAME. I KNOW IT'S NOT COLLECTING 30% ANYMORE BECAUSE THE COST OF THE FIRE DEPARTMENT IS INCREASED. SO THERE HASN'T BEEN AN ANALYSIS OF AS THE PROPERTY VALUES HAVE RISEN THAT MARKET VALUE OF ON THE PROPERTY ON THE IMPROVEMENT OF THE PROPERTY. UM THERE HASN'T BEEN AN ANALYSIS TO REDUCE THE RATE OR INCREASE THE RATE. WE STILL HAVE. ABOUT A MILLION THREE. SHORT FALL. IF YOU KNOW WHEN ALL SAID, AND DONE BECAUSE WE COLLECT 13 MILLION AND ADVIL, OR, UM, AND PUBLIC SAFETY COST 15,000,009. SO UH, IT HASN'T CHANGED SINCE ITS INCEPTION HAS NOT CHANGED SINCE THE INCEPTION AND NOT ON THE NEW GROWTH. IN THE LAST FIVE YEARS HAS REALLY HIT YET IN THAT WELL, SIR, LIKE I SAID, IT'S ON THAT MARKET IMPROVEMENT VALUES. SO THE TAX THAT THE MONEY GENERATED FROM THE FIRE ASSESSMENT ISN'T GROWING AS QUICKLY AS THE TOTAL AVALERE, UM, TAX BASES. YOU KNOW IF THE FIRE ASSESSMENT WAS GOING FROM A MILLION TO A MILLION A MILLION AND A HALF AND ONE YEAR WE HAVE TO LOOK AT IT, BUT IT'S ONLY GROWN FROM THE ORIGINAL MILLION DOLLARS. TO ABOUT A MILLION THREE NOW, AND IT'S BEEN IN EFFECT FOR SINCE 2015 OKAY. CAN'T MATCH. CAN YOU? CAN I ASK ONE MORE QUESTION ABOUT JUST LETS ME OFF THE CHAIN WHEN HE WANTS TO LOOK FOR THE GO AHEAD FOR HIMSELF. YEARS AGO, WHEN THE STORM WATER MANAGEMENT WAS DONE. WE DIDN'T ASSESSMENT. THAT LOOKED OVER ALL THE IMPERVIOUS HERBACEOUS AREA IN CITY. AND THERE WERE A LOT OF QUOTE UNQUOTE ACCOUNTS RECEIVABLE OR AREAS THAT HAD NOT BEEN IDENTIFIED. THEN SUBSEQUENTLY WOULD HAVE BEEN ADDED INTO THAT STORM WATER TAX. HAS THAT BEEN ASSESSED OR LOOKED AT IN IN THIS BUDGET THERE IS ACTUALLY IN THE STORM WATER IS A RATE STUDY. AND THEIR MAIN GOAL IS TO GO THROUGH FIRST AND ANALYZE THE ER YOU VALUE ASSIGNED TO EACH PROPERTY TO ANALYZE THAT IMPERVIOUS, PERVIOUS CALCULATION TO COME UP WITH WHAT THE FACTOR SHOULD BE THAT THEY WOULD BE CHARGED THE STORMWATER RATE ON I PERSONALLY BELIEVE ONCE THAT ER YOU DATA IS CORRECT FOR TODAY'S DAY AND WHAT THE AMOUNT OF CEMENT ON A PROPERTY VERSUS A VACANT LOT IS CORRECT. I THINK STORMWATER IS REVENUE IS GOING TO RIGHT ITSELF TO THE AMOUNT SHOULD BE THEN WE WOULD ACTUALLY LOOK AT WHAT THE RATE IS BASED ON WHAT OUR DESIRES ARE TO FUND WITH STORM WATER IF IT'S RIVER CLEAN UP OR DRAIN OFF CLEAN UP. SO ONCE THE RU VALUES ARE CORRECTED BY THE CONSULTANT, THEN I THINK WE HAVE AN EXTENSIVE CONVERSATION ABOUT THE STORMWATER RATE. AND YOU EXPECT THAT THIS YEAR? YES, SIR . IT'S IN THIS BUDGET. THANK YOU. APPRECIATE IT VERY MUCH. THANK YOU. OKAY, SEE ANY OTHER FURTHER COMMENT. FROM THE PUBLIC SAYING NONE. MARY WOULD YOU CALL THE ROLL? PLEASE COMMISSIONER CLARK? YES COLLINS? YES COMMISSIONER BRUNER? YES MCDONALD'S COMMISSIONER RICH

[16. THIS ITEM SET FOR TIME CERTAIN OF 5:15 PM - TENTATIVE BUDGET FOR FY 2023 (RC): RESOLUTION No. 81-2022; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA ADOPTING THE TENTATIVE BUDGETS OF THE CITY OF STUART, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.]

YES. ALL RIGHT. THANK YOU. WE'LL MOVE ON TO THE TENTATIVE BUDGET . DAVID, THIS MORTALITY READ THE TITLE, PLEASE. THIS IS RESOLUTION NUMBER 81 DISH 2020 TO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, ADOPTING THE TENTATIVE BUDGETS OF THE CITY OF STUART, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER. 1 2022 ENDING SEPTEMBER 30TH 2023, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. MR MAYOR PRIOR TO CALLING FOR A MOTION ON THIS. I JUST WANT TO ANNOUNCE THAT THE FINAL PUBLIC HEARING TO ADOPT THE FISCAL YEAR 2023 MILITARY AND THE FINAL BUDGET IS SCHEDULED FOR MONDAY. SEPTEMBER 26 2021 AT 5 15. PM HERE AT CITY HALL, 1 21, SOUTH WEST FLAGLER AVENUE IN STORE FLORIDA. OKAY. THANK YOU. DO YOU HAVE A MOTION? SIMPLY PROVEN. OKAY MOTION BY COMMISSIONER BRADY DO IT. YOU HAVE A SECOND. SECOND. OKAY COME ON. THE MOTION BY COMMISSIONER BRUNER SECOND BY COMMISSIONER CLARK, DO WE HAVE ANY PUBLIC

[01:45:01]

COMMENT ON THE BUDGET? I THINK YOU MEANT TODAY. OH, YOU'RE RIGHT, 2022. THANK YOU. SORRY.

THANK YOU. YOU NEED TO FILL OUT A GREEN CARD. THINK SIGNAL. NO COMMENT FROM THE PUBLIC. WOULD YOU CALL THE ROLL? POLICE COMMISSIONER BRUNER. YES MR CLARK? YES MR COLLINS.

COMMISSIONER RICH? YES, MCDONALD. ALL RIGHT. WELL THAT'S A ONE BUDGET HEARING IN THE IN THE BOOKS AND ONE MORE TO GO THIS YEAR. OKAY SO LET'S MOVE ON BACK TO, UH 10. PRETTY TEEN.

[10. BRIEF HISTORY OF THE KANNER LLC APPROVAL PROCESS.]

YEAH. SO WE'RE GONNA GO TO THE PRESENTATION. UH DR PRESENTATIONS, AND THIS ONE WILL BE THE ONE ON THE CANOPY. YOU D UM, MIKE, I BELIEVE YOU'RE TAKING CARE OF THIS. 300 DEDUCTION. UM I'M NOT GOING TO HEAR YOU, MIKE. NO. I DON'T KNOW HOW TO MAKE THE COMPUTER WORK FIXING IT LIKE YES, VERY GOOD SETTING THAT UP. I THE INTENTION IS NOT TO HAVE A LAND USE HEARING TODAY. I'M NOT TRYING TO REHASH THINGS THAT TOOK PLACE, BUT THROUGHOUT THE SUMMER AND FOR THAT MATTER OF THE SPRING, THERE HAVE BEEN LOTS OF QUESTIONS THAT ARISEN AS IT RELATES TO THE STATUS OF THE CANTOR LLC PROJECT, ALSO KNOWN AS THE CASCO PROJECT. UM WELL, COSTCO WAS JUST INTENDED. IT IS ACTUALLY THE CANTOR LLC PROJECT. AH! I PUT TOGETHER A COMPLETELY DIFFERENT PRESENTATION. BUT FOR SOME REASON, IT WOULD NOT OPEN TODAY, SO I HAD TO REDO IT THIS AFTERNOON. IT'S MUCH SHORTER AND EASIER AS FAR AS THE SLIDES ARE CONCERNED. I'M BASICALLY GONNA GO OVER THE HISTORY OF THE PROPERTY, STARTING WITH THE ANNEXATION DISCUSSED THE FUTURE LAND USE AND ZONING. WHAT IT'S WORTH. THE PROPERTY WAS ANNEXED INTO THE CITY IN BOTH 2016 AND 2017 BECAUSE THERE WERE FOUR PARCELS OR BUT IN THE CANTOR PROP PROPERTY, BUT THERE ARE FIVE PARCELS THAT WERE ANNEXED. I PUT THE LAST FOUR DIGITS OF EACH PARCEL. THAT ON HERE FIRST PERSONAL 4408, WHICH IS DIRECTLY ADJACENT OR SOUTH OF LITCHI TREE FARM ON CANTOR HIGHWAYS, 7.7 ACRES. THEY PAID $24,700 IN TAXES FOR THE VACANT LAND. THIS TAXI OR WHATEVER. NOVEMBER TAX BILL. AND THERE'S PERSONAL 463, WHICH IS THE LITTLE TRIANGULAR PARCEL, WHICH IS ON WILLOUGHBY BOULEVARD BUT ALSO ADJACENT TO THE LITCHI TREE FARMS THAT YOU CAN SEE IS 4.2 ACRES, AND THEIR TAX BILL WAS $14,700 AGAIN FOR THE VACANT LAND. AND THERE'S PARCEL FOR 4 TO 6, WHICH EXTENDS ALL THE WAY FROM CANTOR HIGHWAY ALL THE WAY THROUGH TO WILLOUGHBY. IT'S A LONGER PIECE RIGHT IN THE MIDDLE OF THAT 17.2 ACRES. ITS TAX BILL WAS $44,953 . AND THEN THERE WAS A PARCEL 0005, WHICH WAS KNOWN AS THE SOFTWARE WATER MANAGEMENT DISTRICT SURPLUS PARCEL. IT WAS 19.72 ACRES, AND ITS TAX BILL WAS $35,700 LAST YEAR. SO THE OWNER OF THAT PROPERTY, UM WITH NO LAND USE AND NO ZONING WHATSOEVER, PAID $121,000 LAST YEAR IN TAXES FOR THE PRIVILEGE.

THE FINAL PART OF PROPERTY IS KNOWN AS THE BASTIDE PROPERTY, WHICH IS 4.65 ACRES. IT WAS ANNEXED AT THE SAME TIME AS THOSE OTHER PARCELS, BUT IT WAS NOT INCLUDED IN THE CANTOR LLC PROJECT. HOWEVER IT IS 4.65 ACRES, AND IT IS CURRENTLY LISTED FOR SALE ON LOOP NET FOR $3.5 MILLION. AND ITS CURRENT TAX BILL IS $3053. IF YOU TOOK $3 MILLION AT ROUGHLY IN 19.75% TAX RATE, WHICH WOULD BE COUNTY SCHOOL BOARD, EVERYBODY'S TAXES OR THE MILITARY FOR ALL OF THEM PUT TOGETHER. THE TAX RATE AT $3.5 MILLION WOULD BE SOMEWHERE IN THE $60,000 A YEAR RANGE. I DON'T KNOW WHAT IT WILL SELL FOR, BUT I JUST POINT THAT OUT FOR EDIFICATION. AS YOU MIGHT IMAGINE, IF YOU'RE SPENDING 100 $20,000 A YEAR ON PROPERTY TAX, THERE'S A CERTAIN EXPECTATION THAT THAT PROPERTY HAS SOME DEVELOPABLE VALUE. UM THE CANADA PROPERTY IS MADE UP OF FOUR PARCELS JUST UNDER 50 ACRES. IT'S 49 POINT SOME ACRES. IT. UH, THE PROJECT WAS ORIGINALLY REVIEWED BY THE LAND PLANNING BOARD. WITHOUT A PUBLIC HEARING. THEN THERE WAS THE FIRST COMMISSION MEETING, WHICH TOOK PLACE ON MAY 24TH 2021. THAT HEARING LASTED SEVEN HOURS, DURING WHICH ALL THE PUBLIC COMMENT THAT NEEDED TO BE MADE WAS MADE. THE COMMISSION ASKED QUESTIONS. PRESENTATIONS WERE GIVEN AN INTERVENERS PARTICIPATED. THEN THE SECOND COMMISSION MEETING TOOK PLACE ON AUGUST 9TH 2021, BUT IN BETWEEN THE 1ST AND 2ND MEETING BECAUSE

[01:50:06]

THERE WERE MULTIPLE INTERVENERS . WE SAT DOWN AND ACTUALLY PUT TOGETHER A MUCH MORE FORMAL PROCEDURE TO TRY AND LIMIT THE TIME FRAMES AND LIMIT THE EVIDENCE THAT WAS PRESENTED AND WE WERE ABLE TO SHORTEN THE SECOND MEETING TO SEVEN HOURS. AND AT APPROXIMATELY 1:30 A.M.

ON AUGUST 10TH THE NEXT DAY. THE COMMISSION PASSED THE PROJECT. WHAT WAS AT ISSUE IS. TWO THINGS . FIRST, THE FUTURE LAND USE. SECONDLY, ZONING. THE APPLICANT APPLIED FOR BOTH OF THE SAME TIME. THIS MAP DEPICTS RIGHT HERE IS A QUARTER MILE RADIUS. FROM THE PROPERTY. AND IT SHOWS THE CITY OF STEWART'S FUTURE LAND USE. IF YOU SEE RED RED IS MULTI FAMILY, THE ORANGES COLOR.

ORANGES. UH, I'M SORRY. READ HIS COMMERCIAL. ORANGE IS MULTI FAMILY. AND THEN WHEN YOU SEE WHERE YOU SEE THE BLUE, THAT'S AN INSTITUTIONAL OR GOVERNMENT USE. THE CITY COMMISSIONS OBLIGATION AND THE STAFF'S OBLIGATION WAS TO PROVIDE A RECOMMENDATION TO THE CITY COMMISSION OF A COMPATIBLE FUTURE LAND USE. SIMILAR TO ONE OF THOSE SURROUNDING USES. THE CITY OF STUDENTS. 13 FUTURE LAND USES. AS THEY'RE LISTED THERE. THAT'S ALL OF THE FUTURE LAND USES. WHAT WAS ORIGINALLY PROPOSED AS NUMBER 10, WHICH WAS NEIGHBORHOOD SPECIAL DISTRICT.

WHICH ALLOWS FOR UP TO 15 UNITS PER ACRE, BUT SPECIAL NEIGHBORHOOD DISTRICT OR NEIGHBORHOOD SPECIAL DISTRICT IS THE ONLY LAND USE THAT THE CITY HAS. THAT DOESN'T GIVE DEVELOPMENT BY RIGHT SO IF YOU GO BACK TO THE ONE BEFORE, AND YOU LOOK AND YOU SEE LIKE THE ORANGE, WHICH IS THE MULTI FAMILY, A MULTI FAMILY AND LAND USE AUTOMATICALLY IF THEY MEET THE SETBACKS AND THE HEIGHT RESTRICTIONS IN THE PARKING ETCETERA, A PERSON CAN COME IN AND PULL IT PERMIT AND BUILD UP TO 15 UNITS AN ACRE WITHOUT ANY COMMISSION ACTION. AS IT RELATES TO THE RED LAND USES. THE SAME GOES WITH COMMERCIAL. IT'S UP TO 15 UNITS AN ACRE. AS A RESULT, THE ADJACENT LAND USERS WOULD HAVE BEEN MULTI FAMILY AND OR COMMERCIAL, WHICH WOULD HAVE GUARANTEED UP TO 15 YEARS ANCHOR. IF YOU GO HERE TO THE NEIGHBORHOOD SPECIAL DISTRICT WHILE IT ALLOWS UP TO 15 UNITS AN ACRE IT DOESNT ALLOW ANYTHING WITHOUT COMMISSION ACTION. THE OTHER LAND USES THAT ARE SHOWN AROUND THIS PROPERTY THAT MARTIN COUNTY LAND USES. AND THAT'S THE MARTIN COUNTY FUTURE LAND. USE THE SAME CIRCLE, SAME LOCATION. AND YOU CAN SEE THERE'S KIND OF AN ORANGE COLOR OF BLUE COLOR AND A PINK COLOR. THE ORANGE COLOR SHOWN. IS THE MARTIN COUNTY. I THINK WE CALL IT LOW DENSITY SINGLE FAMILY. AND THAT'S UP TO FIVE UNITS AN ACRE THAN THE RED. LITTLE PLACES NEXT TO THE ORANGE IS CALLED THEIR HIGH DENSITY, WHICH IS UP TO 10 UNITS AN ACRE. BLUE IS, I THINK BLUE IS THE MEDIUM AND THAT'S UP TO EIGHT UNITS AN ACRE, AND THAT BLUE IS ALSO THEY HAVE A COMMERCIAL WATERFRONT AND THEN THE PINK, WHICH IS A MOBILE HOME PARK IS UP TO EIGHT UNITS AN ACRE. FOR WHAT IT'S WORTH THE APPROVAL ON THE COSTCO MATTER WAS APPROVED AT 8.1 UNITS PER ACRE. GOING BACK TO THE CITY OF STEWART'S FUTURE LAND USE. OUR LOW DENSITY RESIDENTIAL, WHICH IS SINGLE FAMILY HOMES AND THE NEIGHBORHOODS WE'RE TALKING ABOUT, ALLOWS FOR UP TO 8.7 UNITS PER ACRE. UM. MARTIN COUNTY HAS 23 FUTURE LAND USES, BUT I ONLY INCLUDED THE SIX BECAUSE IF YOU LOOK AT THE MAP, THERE'S ONLY SIX NEAR THIS OR EVEN IN THIS SCREEN. REALLY, THAT WOULD HAVE APPLIED, WHICH IS LOW DENSITY COMMERCIAL WATERFRONT MOBILE HOME GENERAL INSTITUTION, MEDIUM DENSITY AND HIGH DENSITY. AND THE LIGHT BLUE IS THE GENERAL INSTITUTION. THAT'S THE AIRPORT. THE MARTIN COUNTY GOVERNMENT OFFICES, THINGS OF THAT NATURE. UM WHAT WAS. BASICALLY BEING SOUGHT BY THE APPLICANT WAS ORDINANCE NUMBER 24 66. THAT'S 2021. THEY WERE SEEKING A FUTURE LAND USE OF NEIGHBORHOOD SPECIAL DISTRICT. THEY WERE ASKING TO HAVE A SIGNED ZONING OF A CPU DE CONDITIONED UPON THE NEIGHBORHOOD SPECIAL DISTRICT. AND WHEREAS CLAUSES IN THAT ORDINANCE INCLUDED FINDINGS REGARDING THE WETLANDS, INVASIVE SPECIES ON SITE, WHICH WILL BE RELEVANT TO SECOND. UM WHEN THE WHEN THE ORDINANCE PASSED WITHIN 30 DAYS OF THE ORDINANCE, PASSING AN AFFECTED PARTY FILEDS THAT THEY FELT WERE NON COMPLIANT WITH THE CITY'S CUP PLANT. IT'S IMPORTANT THAT WE TALK ABOUT WHAT THAT MEANS, BECAUSE THERE'S A LOT OF MISINFORMATION GOING AROUND THAT THAT IT HAD SOMETHING TO DO WITH FOUR STORY BUILDINGS OR THAT IT HAD TO DO WITH DENSITY OR THAT IT HAD TO DO WITH RETAIL USES OR THAT IT HAD TO DO WITH SETBACKS OR THAT IT HAD TO DO ANYTHING

[01:55:03]

WITH ZONING OR DEVELOPMENT. AND THE REALITY IS ZERO TO DO WITH ZONING AND DEVELOPMENT. IT ONLY HAD TO DO WITH THE LAND USE IS NOT WHETHER THERE WERE 16 UNITS, AN ACRE 27 UNITS PER ACRE OR WHETHER IT WAS THREE STORIES OF FOUR STORIES AND NOT WHETHER IT WAS 10 FT. FROM THE ROAD OR 12 FT FROM THE ROAD AND NOT WHETHER IT WAS A GROCERY STORE OR NOT, WHETHER IT WAS A ROAD GOING DOWN THE MIDDLE OR NOT, HOW MANY PARKING SPACES THEY DID NOT RAISE ANY OF THOSE ISSUES.

HOWEVER, THEY COULD HAVE THAT WAS AN AVAILABLE ISSUE THAT IF SOMEBODY WANTED TO APPEAL IT OR WANTED TO CHALLENGE IT. COULD HAVE BEEN CHALLENGED. I DON'T KNOW WHY THEY DIDN'T CHALLENGE IT ALL THEY CHALLENGED AND ALL THE APPEAL WAS FOR IS THAT THE. DECISION BY THE CITY COMMISSION.

OF ASSIGNING THE FUTURE LAND USE OF NEIGHBORHOOD SPECIAL DISTRICT WAS NOT FAIRLY DEBATABLE, AND WHAT THEY MEAN BY THAT, AND FAIRLY DEBATABLE IN THE CASE LAW IS THAT THE COMMISSION HAS ITSELF THAT REASONABLE PEOPLE COULDN'T HAVE FAIRLY ARGUED. THAT THAT WAS A CHOICE THAT COULD HAVE BEEN MADE, IN OTHER WORDS, THAT IT WAS SO UNBELIEVABLY OUTRAGEOUS OF A DECISION THAT NO ONE COULD ACTUALLY REASONABLY DISCUSSED OR FIND A WAY TO COME TO THAT CONCLUSION. SO THEY DIDN'T ADDRESS PARKING AND THEY DIDN'T ADDRESS DENSITY AND THEY DIDN'T ADDRESS USES OF RETAIL, MULTI FAMILY OR COMMERCIAL. BUT AT THE HEARING THE. PEOPLE TESTIFYING STARTED INSERTING THAT STUFF AND THE CITY OBJECTED AND SAID, WAIT A SECOND. IF WE WERE GOING TO DO THAT, WE WOULD HAVE PREPARED DIFFERENTLY. YOU ONLY SAID IT WAS FUTURE LAND USE, AND THE JUDGE RULED, IN FACT THAT IT SHOULD ONLY BE THE FUTURE LAND USE THAT WAS TALKED ABOUT DURING THE HEARING. AND GREG BRAUN, WHO GAVE A REPORT ON BEHALF OF THE APPLICANT. HIS TWO FINDINGS WERE ONE OF THE CITY'S REGULATIONS REQUIRE THE PROTECTION OF STATE LISTED ENDANGERED AND THREATENED SPECIES APPROVAL OF THE PROPOSED PROJECT WITHOUT CONDITIONS THAT WOULD REQUIRE THAT ENDANGERED AND THREATENED SPECIES BE PROTECTED WOULD BE INCONSISTENT WITH THE CITY'S REGULATIONS.

THAT'S THE LAND USE REGULATIONS THAT GOES TO ZONING AND DEVELOPMENT. THAT DOESN'T HAVE ANYTHING TO DO WITH THE FUTURE LAND USE ASSIGNMENT IN THE COM PLANT. AND THE NEXT ONE IS THE VALUE OF WETLANDS ON THE PROPOSED COSTCO SITE APPEARED TO HAVE BEEN UNDERSTATED AND OR MISREPRESENTED IN THE ENVIRONMENTAL ASSESSMENT REPORT , SO CITY STAFF DECISION MAKERS AND THE PUBLIC WERE UNABLE TO BASE THEIR DECISION MAKING PROCESS ON THOROUGH, ACCURATE AND COMPLETE DATA. AGAIN. THE MITIGATION AND OR IMPACT ON WETLANDS IS SOMETHING THAT TAKES PLACE DURING DEVELOPMENT AND ZONING, NOT DURING FUTURE LAND USE AND AGAIN UNDER FLORIDA STATUTE, 1 66. THEY COULD HAVE FILED A AND ACTION TO CHALLENGE THE DEVELOPMENT SIDE OF IT, BUT THEY LIMITED TO THE FUTURE LAND USE. THE OTHER EXPERT THEY PRESENTED WAS CHARLES CHARTIER, AND HIS REPORT WAS LONG, BUT HE HAD PAGE FOUR OF HIS REPORT TOOK THIS, AND IT WAS A SUMMARY OF HIS OPINIONS. HE SAYS. IT'S MY OPINION THAT THE AMENDMENT TO THE DESIGNATE THE PROPERTY WITH THE NEIGHBORHOOD. SPECIAL DISTRICT. FUTURE LAND USE CATEGORY FAILS TO MEET THE FOLLOWING REQUIREMENTS NUMBER ONE. IT'S NOT SUITABLE FOR THE CHARACTER, THE PROPERTY TO IT WAS INCONSISTENT WITH POLICY FIVE A 5.5 TO PROTECT WETLANDS. THREE WAS INCONSISTENT WITH POLICY. 5.85 POINT EIGHT TO PRESERVE NATIVE VEGETATIVE COMMUNITIES. AND IT'S NOT BASED ON RELEVANT AND APPROPRIATE DATA ANALYSIS, ADDRESSING MAXIMUM DEVELOPMENT POTENTIAL. FOR WHAT IT'S WORTH. THEY HAVE A LOT OF PEOPLE SAID WE SHOULD HAVE DESIGNATED IT. SINGLE FAMILY RESIDENTIAL WELL. WHEN YOU DO A FUTURE LAND USE THE WETLAND PART HAPPENS. THE MITIGATION AND OR ADDRESSING THE WETLANDS HAPPENS AT THE TIME. OF DEVELOPMENT, NOT AT THE TIME OF FUTURE LAND USE.

FOR EXAMPLE, IF WE DID SINGLE FAMILY FUTURE LAND USE. THAT WOULDN'T HAVE HAD IT. IT WOULD HAVE BEEN THE SAME IMPACT IN THE SAME COMMENTS IF THAT WAS HOW IT WORKED BECAUSE YOU COULDN'T PUT ANY FUTURE LAND USE ON IT IF YOU HAD TO ADDRESS THOSE ISSUES BEFORE THE FUTURE LAND USE WAS ASSIGNED. AGAIN BECAUSE YOU DON'T DO THAT UNTIL YOU FIND OUT WHAT'S GOING ON. AND YOU DON'T KNOW THERE'S ANY BUILDINGS WHEN YOU'RE DOING FUTURE LAND USE LAND USES THE VACANT LAND. WHAT IS THE LAND AND BE AN EXAMPLE RIGHT NOW IS JENSEN BEACH HIGH SCHOOL WHEN IT WAS ORIGINALLY PUT IN MARTIN COUNTY, MARTIN COUNTY DIDN'T ADOPT THEIR THEIR COMPLAINT UNTIL 1985 AND AT THE TIME THAT LAND WAS VACANT, AND MARTIN COUNTY IS SIGNED IN A FUTURE LAND USE OF SINGLE FAMILY RESIDENTIAL. THERE'S WETLANDS ALL OVER THE PLACE UP THERE. THEY DIDN'T DELINEATE THE WETLANDS. THEY JUST SAID THIS IS FUTURE LAND USES OF SINGLE FAMILY. ULTIMATELY, JENSEN BEACH HIGH SCHOOL GOT BUILT ON IT. IT HAPPENS TO STILL HAVE A SINGLE FAMILY, RESIDENTIAL FUTURE LAND USE ON IT, BUT THEY GO BACK LATER AND DO THE SETBACKS FROM THE WETLANDS AND THEY GO BACK LATER AND DO WHERE THE ROADS ARE GOING TO GO, AND WHERE THE SETBACKS AGO THAT HAPPENS DURING THE DEVELOPMENT PROCESS. IN ANY EVENT. UM, THIS IS AH, TRASH THAT'S BEEN THAT WAS FOUND

[02:00:06]

BURIED ON THE LOCATION. I DON'T KNOW WHY IT'S OUT OF ORDER LIKE THIS, BUT, UH, THIS SHOULD HAVE BEEN LATER IN THE PRESENTATION. THE CITY DIDN'T HAVE ANY OF THESE PICTURES OR ANYTHING WHEN WE HAD THE HEARING BECAUSE THE PURCHASER HADN'T PURCHASED THE LAND YET, AND IT ONLY HAD INITIAL INSPECTIONS AND HADN'T BEEN ABLE TO GO IN. THIS TRASH WAS FOUND WHEN THEY WERE BUILDING DIGGING THE FENCE. THEY HAVEN'T THEY HAVEN'T EVEN DONE ALL OF THE STUFF. UM AND THEN THIS IS, UH THE PROPERTY. IF YOU LOOK AT THE UH, THIS PICTURE OF THE SEVENTIES. YOU CAN SEE THERE'S A MANMADE TRENCH THROUGH THIS AREA. IT WAS KIND OF A FARM. WHEN I TALKED ABOUT THE PROPERTIES. THIS IS THE LITCHI TREE FARMS. THIS IS THE TRIANGULAR PIECE. THIS IS ONE OF THE PIECES. THIS IS THE OTHER PIECE. AND THEN RIGHT HERE IS THE BOOSTED PROPERTY. THAT HASN'T BEEN, UM, DONE YET. RIGHT HERE. IS WILL IT BE BOULEVARD IN THIS BIG LAKE? RIGHT HERE? THAT IS WILLOUGHBY BOULEVARD. YOU WOULD DRIVE RIGHT THROUGH THAT NOWADAYS THAT IF YOU MOVE TO THE NINETIES, YOU CAN SEE WILLOUGHBY BOULEVARD AND THEN YOU CAN SEE THE WATER THERE. THE TRENCH STILL KIND OF SHOWS THROUGH A LITTLE BIT AND COMES DOWN TO HERE AND THEN THE PRESENT DAY.

THE WILLOUGHBY BOULEVARD IS HERE. IT'S THE LAKE MUST BE AN UNDERNEATH THOSE TREES THAT TRENCHES KIND OF GONE AWAY AND YOU CAN SEE MUCH MORE FARMING AND OTHER ACTIVITIES BEING DONE ON THE LEAKY TREE. AND THEN THE PERSON. THE PARCEL THAT WAS THE SOUTH FLORIDA WATER MANAGEMENT.

THIS BIG POND DOWN AT THE BOTTOM. HERE IS A DRAINAGE POND BUILT BY UH F DOT UM SO. AS IT GOES. WHAT HAPPENED IN THE APPEAL WAS THE JUDGE. UH WHEN THE PROPOSED FINAL JUDGES WERE SUBMITTED. THERE WAS A LOT OF LANGUAGE RELATED TO THE DEVELOPMENT ISSUES AND ZONING ISSUES. AND THE ADMINISTRATIVE LAW JUDGE ADOPTED A LOT OF THOSE FINDINGS, EVEN THOUGH SHE HAD RULED MULTIPLE TIMES THAT THAT WASN'T ADMISSIBLE BECAUSE IT WASN'T FILED THAT WAY AND AGAIN, LOTS OF CASES DO GET FILED THE OTHER WAY, WHERE THEY CHALLENGE THOSE THINGS AND IT'S ALWAYS BEEN MY OPINION THAT SHE JUST PROBABLY THOUGHT THEY HAD ACTUALLY FILED AND ADDRESS THOSE ISSUES BY INCLUDING IT. SO WE FILED EXCEPTIONS TO THAT. AND AS YOU WERE AWARE, WE GOT SCHEDULED TO GO TO THE CABINET. BELIEVE IT OR NOT, IS WHO HEARS EXCEPTIONS , WHICH IS UNBELIEVABLE THOUGHT, BUT WE WENT TO TALLAHASSEE AND THE CABINET HEARD THE EXCEPTIONS OF BOTH SIDES AND ESSENTIALLY FROM THE FLOOR. CLEARLY RULED THAT THEY. I THOUGHT THAT THE ADMINISTRATIVE LAW JUDGE HAD ADDRESSED A LOT OF THE ZONING ISSUES. AND I ACTUALLY THOUGHT THAT I HAD HAD SLIDES IN HERE THAT INCLUDED THE, UM QUOTES FROM OUR I CAN'T PLANT ITSELF. BUT I DON'T SEE IT COMING UP.

AND COPY OVER, BUT SECTION. AH, A 5.585 POINT. 685.7 ALL THREE SAY THAT WHEN YOU'RE DOING, UH WETLAND ADDRESSING THAT THAT SHOULD TAKE PLACE AT THE END WHEN YOU'RE DOING THE ZONING AND DEVELOPMENT AND NOT AT THE FUTURE LAND USE TIME. AND THAT UH UM. THE PURPOSE FOR THAT IS BECAUSE AGAIN. IT COULD BE. THAT ALL. THERE'S NO REASON TO GO IN AND ADDRESS ALL THOSE THINGS IF THERE WAS NEVER GOING TO BE ANY IMPACTS ONE WAY OR THE OTHER UNDER ANY ZONING OR DEVELOPMENT.

AND SO OUR COMPLAINT DIRECTS THAT THE CITY COMMISSION HAS TO ESSENTIALLY WAIT UNTIL THE ZONING TO DO THOSE ISSUES NOW. THERE HAVE BEEN INSTANCES IN THE CITY IN THE PAST WHERE THE CITY COMMISSION AGREED TO DEDICATE PORTIONS OF PROPERTY TO CONSERVATION. AN EXAMPLE OF THAT IS WHEN WINDERMERE WAS DEVELOPED MANY MANY, MANY YEARS AGO. THEY SAID THAT WHEN THE COMMISSION WAS HEARING THE NOT THE FUTURE LAND USE, BUT THE ACTUAL ZONING AND DEVELOPMENT OF IT. THEY SAID OKAY. THEY APPROVED THESE ROADS IN THESE HOUSES, ETCETERA, AND THEN THE IDENTIFIED CERTAIN AREAS OF WETLAND AREA AND PRESERVATION THAT WAS BEING SET ASIDE AS PRESERVATION AND THE COMMISSION IN VOTING TO APPROVE THE ORDINANCE. INCLUDED LANGUAGE THAT SAID. IN THE FUTURE. WE WANT THIS THIS TO BE PLACED INTO CONSERVATION AND IRONICALLY, THE CITY COMMISSION JUST ABOUT SIX MONTHS AGO, ACTUALLY. FULFILLED THAT AND PUT IT IN CONSERVATION . NOT THAT IT MATTERED BECAUSE IT HAD ALL BEEN IN PRESERVATION AND DEDICATED. THERE WAS NEVER ANY TIME THAT WAS GOING TO BE BUILT ON. BUT IN THE CANADA HIGHWAY. THE CANADA LOC. 25% OF THE LAND IS IN FACT PRESERVED AS UPLAND PRESERVATION. THE WETLANDS THAT WERE MITIGATED BY THE D E P I ACTUALLY HAD. I THOUGHT PICTURES OF THOSE WITH US AS WELL THAT I DIDN'T IT MUST NOT HAVE TRANSFERRED OVER THE COMPUTER PROBLEMS. UM THAT THE D E P. UH DID A CHART AND SCHEDULED THAT WAS ALL PART OF

[02:05:04]

THE DEVELOPMENT. AS IT STANDS, THE CABINET HAS RULED THAT. THERE WAS A DEVELOPMENT PORTION THAT WAS OVERREACHED IN THE WAY THE STATUTE READS, AS IT SAYS THAT THE CABINET EITHER HAS A CHOICE TO DIRECTLY REVERSE THE ORDER AND ENTER IN THEIR OWN ORDER. AND THEY COULD ENTER AN ORDER SAYING THAT IT'S VALID AND APPROVED AND IN COMPLIANCE AND MOVE FORWARD AND FIND THAT IN FACT, IT WAS A FAIRLY DEBATABLE STANDARD. OR THEY HAVE THE RIGHE ADMINISTRATIVE LARGE JUDGE AND DIRECT THAT SHE HOLDS A FURTHER HEARING. FOR TO ADDRESS THE ISSUE AND TO REMOVE THE ZONING.

AND DEVELOPMENT ISSUES FROM THE RULING AND TRANSCRIPT. WE DON'T KNOW WHAT THEY'RE GOING TO DO YET, UM THE DAY AFTER THE HEARING TOOK PLACE. I REACHED OUT TO SOMEONE UP UNTIL IN TALLAHASSEE BECAUSE I SAID, WELL, IF IT'S GOING TO GET REMANDED IN THE RECOMMENDATION FOR THE ORDERS TO BE REMANDED, AND WE HAVE TO WAIT UNTIL DECEMBER TO GET THAT RECOMMENDATION. I'LL CALL MR GRASSO, WHO HAS BEEN VERY PROFESSIONAL, BY THE WAY, WORKING WITH ME TO THE ATTORNEY REPRESENTING THE PETITIONER. AND TRY TO WORK A STIPULATION OUT WITH HIM THAT WILL START SCHEDULING WHATEVER REMAND WE HAVE TO DO TO BE ORGANIZED ABOUT IT JUST SO THAT EVERYBODY HAS EXTRA TIME. AND I WAS TOLD TO STAND DOWN AND JUST WAIT A FEW WEEKS AND THAT WE WOULD KNOW. WHAT THE GENERAL COUNSEL FOR THE GOVERNOR'S. PROPOSED DIRECTION IS GOING TO BE IT'S BEEN A COUPLE OF WEEKS AND I DON'T KNOW. BUT THAT DOESN'T CHANGE ANYTHING. EITHER WAY, NO MATTER WHAT IS GOING TO HAPPEN. IT WILL NOT HAPPEN UNTIL DECEMBER BECAUSE WHAT HAPPENS IS EVEN IF THEY WERE GOING TO REMAND IT TO THE LJ OR THEY WERE GOING TO DIRECTLY REVERSE IT. THEY WOULDN'T DO IT UNTIL THEIR NEXT CABINET MEETING, WHICH IS SCHEDULED FOR DECEMBER. THEY HAVE FOUR YEARS WHEN I SAID SCHEDULED FOR DECEMBER THEY COULD CANCEL IT, SO IT MAY NOT EVEN HAPPEN IN DECEMBER. I'LL FIND OUT WHY THOSE OTHER SLIDES DIDN'T MAKE THIS SLIDE SHOW AND PRESENT THEM TO YOU GUYS BY EMAIL LATER. BUT FOR WHATEVER REASON, IT'S NOT THAT RELEVANT. THEY WOULD JUST PICTURES AND STUFF. SO CAN YOU JUST FOR THE PUBLIC? THE DATE WHEN THE ALGAE MADE THE DECISION. MARK WHATEVER THAT DATE WAS, AND THEN THE DATE WHEN THE CABINET JUST MET. YOU REMEMBER THOSE DATES? I SO THE LJ HEARING WAS EARLY. AH I'M SORRY. LATE NOVEMBER IT WAS, UM THE REASON I KNOW THAT IS BECAUSE THE JUDGE ON THE FIRST DAY OF THE HEARING TOOK A BREAK FOR THE THANKSGIVING PARTY THAT WAS IN HER OFFICE IN TALLAHASSEE BECAUSE IT WAS BY ZOOM. AND NORMALLY, THE ADMINISTRATIVE RULES SAY THAT THE LJ JUDGE SHOULD HAVE THEIR PROPOSED ORDER OUT WITHIN 30 DAYS OF THE HEARING, BUT WE ALL AGREED FOR PURPOSES OF MAKING SURE THAT RECORD WAS CLEAR THAT WE WOULD ORDER TRANSCRIPTS FROM THE HEARING AND THE FEEL J JUDGMENT. TRY TO GET THE RULING OUT WITHIN 30. DAYS OF RECEIVING THE CHANCE PROPOSED WE HAD WE HAD 14 DAYS FROM THE DAY WE GET THE TRANSCRIPTS TO SUBMIT OUR PROPOSED ORDERS, AND THEN SHE WAS GOING TO TRY AND GET IT OUT. 30 DAYS FROM THEM. WE GOT THE PROPOSED TRANSCRIPTS. IN, UM EARLY DECEMBER. WE HAD THE BOTH SIDES HAD OUR ORDERS FILED INTO OUR PROPOSED ORDERS FILED IN DECEMBER, AND THEN SHE FILED HER ADMINISTRATIVE MM. PROPOSED ORDER. I BELIEVE IT WAS LATE FEBRUARY MIGHT HAVE BEEN ALMOST MARCH 1ST OR CLOSE APRIL 23RD WAS. IT WASN'T EVEN THAT LATE. IT MAY HAVE BEEN EVEN THAT LATE BECAUSE IT WAS SIGNIFICANTLY LONGER THAN WE EXPECTED. AND THEN WHEN WE RECEIVED IT. UM IT HAD SO MUCH STUFF PERTAINING TO THE DEVELOPMENT. THAT IS A MATTER OF PROCEDURE. I HAD TO OBJECT TO THOSE THINGS THAT WERE IN IT THAT HAD BEEN RULED INADMISSIBLE AND HAVE BEEN SUBMITTED ON THE RECORD AS PROFFERED EVIDENCE. AND SO THE OBJECTIONS WERE FILED BY THE CITY WITHIN I THINK, 10 DAYS OF THAT DATE AND THEN UM THE WAY IT WORKS IS THE YOU CAN BE ON THESE CABINET MEETINGS, BUT THE CABINET MEETINGS ARE ONLY FOUR TIMES A YEAR, SO WE MANAGED TO SQUEAK INTO THE AUGUST CABINET MEETING, AND THEN THE NEXT ONE WOULD BE DECEMBER. AND THEN I THINK, MARCH THE FOLLOWING YEAR AND SO I DON'T KNOW WHICH WHICH ONE WILL BE ON IT OR NOT. AS IT STANDS RIGHT NOW, THE ONLY WORK THAT HAS BEEN ALLOWED DONE ON THIS PROPERTY IS THEY WERE ALLOWED TO PUT A FENCE UP BECAUSE I GUESS THERE'S BEEN A LOT OF TRESPASSING AND THINGS OF THAT NATURE THAT THEY WERE TRYING TO PREVENT. AND THAT WOULD BE ALLOWED. EITHER UNDER MARTIN COUNTY'S RULES OR UNDER

[02:10:02]

THE CITY'S RULES FOR VACANT LAND, REGARDLESS OF WHAT THE LAND USES IN EVERY SINGLE ONE OF MARTIN COUNTY'S LAND USES, AND IN EVERY ONE OF COUNTIES, THE CITIES LAND USES. HOWEVER WE ARE NOT ISSUING ANY DEVELOPMENT OR BUILDING PERMITS AT ALL. THEY CAN'T EVEN BUILD A SINGLE FAMILY HOME ON THE HOUSE UNTIL THE MATTER IS COMPLETELY ADJUDICATED. SO AS WE SIT HERE TODAY, THE LAND WHEN IT ANNEXED INTO THE CITY. ALTHOUGH IT HAD A LAND USE FROM THE COUNTY ARE CODES AND ARCHIVE PLAN. ALTHOUGH THEY'RE SIMILAR, THEY DON'T MATCH UP. WE DON'T HAVE THE SAME NAMES OF OUR LAND USES, AND THEY'RE SIMPLY NOT THE SAME. THING. AND SO YOU COULDN'T GO INTO THE INTO STEWART AND SAY, I WANT TO BUILD A BARN OR A HOUSE AND I WANT YOU TO USE THIS COUNTY'S CODE. TO REVIEW TO SEE IF IT'S MEETS CODE FOR THE PERMIT TO BE ISSUED. YOU CAN ONLY DO CITY CODE. WELL THE CITY PLANNERS COULDN'T EVEN START TO REVIEW IT UNTIL SUCH TIME AS IT HAD A LAND USED TO SIGN TO IT AND THEN ALSO ZONING ASSIGNED TO IT, SO AS THEY STAND BY ON THIS THING. YOU KNOW, AUGUST OF, UM 21. WAS WHEN THEIR FINAL ORDER WAS ENTERED, GIVING THEM A LAND USE. IN AUGUST OF 22 HAS NOW COME AND GONE, AND AS I POINTED OUT AT THE BEGINNING, IT'S A FAIRLY SIGNIFICANT TAX BILL AND MY MENTIONED THE BILL ABOUT THE TAX. BUT THE REASON FOR THAT IS NOT THAT IT MATTERS WHAT THE TAX BILL IS, BUT WE AS A COMMUNITY GET FRUSTRATED WHEN PEOPLE I WANT TO CHANGE, MAKE CHANGE AND DO THINGS IN A LOT OF TIMES WHEN YOU HAVE A LANDOWNER THAT HAS BEEN PAYING $100,000 A YEAR BECAUSE THE PROPERTY APPRAISER FOR MARTIN COUNTY HAS BEEN TAXING THE VALUE OF THEIR LAND AS COMMERCIAL ON ON THE SIDE OF A HIGHWAY AND GIVING IT THAT VALUE. AND THEY'VE BEEN PAYING IT DILIGENTLY AND THEN WHEN THEY COME INTO UM, DO THE DEVELOPMENT OR TO USE THE LAND THAT THEY'VE BEEN PAYING THE COMMENSURATE TAXES ON AND PEOPLE START SAYING, WHOA, WE DON'T THINK YOU SHOULD DO THAT. THAT'S WHERE YOU START GETTING INTO THOSE MISPERCEPTIONS OR MISUNDERSTANDINGS BETWEEN PEOPLE AS TO WHAT THEY THOUGHT THEY WERE ENTITLED TO AND WHAT OTHER PEOPLE THINK THEY'RE ENTITLED TO, AND THE MORAL OF THE STORY.

IF THERE IS ONE IS THAT MOVING FORWARD WE REALLY NEED TO LIKE AND YOU GUYS MENTIONED BOTH OF YOU AND YOUR IN YOUR DISCUSSIONS ARE COMMENTS EARLIER ABOUT HOW SLOW DOWN AND TAKE A BREATH AND DO THAT. AND AS WE DO THAT, WE PROBABLY NEED TO IDENTIFY THOSE AREAS THAT THE CITY YOU'RE GOING TO TELL THE LANDOWNER THAT WE REALLY DON'T THINK THEY'RE ENTITLED TO THE USE THAT'S BEING TAXED. WE SHOULD PROBABLY CHANGED THAT ASSESSMENT EARLY ON SO THAT THEY CAN'T ARGUE BACK.

WELL WAIT A SECOND. I'VE BEEN PAYING THIS AS A COMMERCIAL RADAR AT THE HIGHEST TAX RATE AVAILABLE OR HIGHEST USE AVAILABLE FOR 10 YEARS AND NOBODY SAID A WORD WHEN THEY WERE CASHING THE CHECKS. AND OF COURSE, WE DON'T KNOW THAT UNTIL YOU PULL IT UP BECAUSE WHO WOULD GO LOOK AT EVERYBODY'S TAX BILL? JOLIE MADE BUT ANYWAY, UM. YOU'RE NO EVIL SEE NO EVIL, AND AS IT GOES, THE REAL THING IS THAT I HAVE HEARD THAT, YOU KNOW. WELL, WHY DOES THE CITY KEEP TRYING TO LIMIT THIS TO JUST AN ARGUMENT ABOUT THE LAND USE. AND WHY AREN'T THEY ADDRESSING THE COSTCO OR THE TRAFFIC OR THE ROADS OR THE PARKING OR WHATEVER IT WAS? AND IT'S NOT. IT'S NOT ME. IT'S THE CITY ATTORNEY, AND IT'S NOT THE CITY DOING IT. IT'S THE PETITIONER FILED A VERY LIMITED ADMINISTRATIVE PROCEEDING THAT ONLY ADDRESSED THAT SINGLE ISSUE ABOUT COMPLIANCE WITH THE CAR PLAN WHEN ASSIGNING A FUTURE LAND USE. IF THEY HAD FILED A DECLARATORY ACTION OR CIRCUIT COURT ACTION, CHALLENGING THE DENSITIES OR THE HEIGHTS OR THE SETBACKS OR EVEN THE APPROVAL OF THE MITIGATION OF WETLANDS OR OR ANY OF THAT? THE PREPARATION AND THE RESEARCH AND EVERYTHING ABOUT IT WOULD BE COMPLETELY DIFFERENT. WE WOULDN'T BE ADDRESSING THE LAND USE WOULD BE ADDRESSING THE ZONING SO THE ONLY THING THAT WE'RE ADDRESSING IS THE LAND USE. AND IF YOU SEE A LACK OF DISCUSSION REGARDING THE ZONING OR PRESENTATIONS ABOUT THAT, IT'S NOT BECAUSE OF NEGLECT IT SIMPLY BECAUSE IT'S NOT AN ISSUE. IT'S NOT THE ISSUE AT HAND. AND I HAVE I COULD TALK FOR FIVE HOURS ON IT. SO I TURNED INTO THE SHORT HUMAN HUMAN SHIN DISCUSSIONS SO THERE WON'T BE OTHER THAN YOUR REPORT TODAY AND WAITING ON THE GOVERNOR'S CABINET. THE CABINET TO BE THERE WON'T BE ANY DISCUSSION BY THIS COMMISSION OR NEED TO HAVE ANY DISCUSSION ON THAT UNTIL WE WAIT UNTIL WE HEAR WHAT IRONICALLY, AS A COMMISSION YOU GUYS ACTUALLY DON'T EVEN HAVE ANY JURISDICTION OVER IT RIGHT NOW, ANYWAY. IT'S IN THE

[02:15:03]

HANDS OF THE CABINET. IT'S NOT BEFORE THE CITY COMMISSION. THE RULING IS WHAT IT IS. IT'S ALREADY DONE. THE APPEAL IS BASED UPON THE RECORD THAT TOOK PLACE. IT WOULD BE UNFAIR FOR PEOPLE TO SIT TO ADD NEW INFORMATION TO THAT TO CHANGE THAT ONE WAY OR THE OTHER. AND SO YEAH, THAT'S IT. AND SO YOU WON'T BE HAVING ANY INFLUENCE ON IT UNTIL IT COMES BACK IF IT GETS REMANDED UM, I'M NOT SURE HOW THAT WILL PLAY OUT AS FAR AS THIS BOARD IS CONCERNED, BECAUSE IT WILL STILL BE A REMAND BASED UPON THE TRANSCRIPTS OF THE ORIGINAL 14 HOURS OF HEARINGS, AND IF IT GETS REVERSED BY THE CABINET, IT'LL JUST BE A REVERSE. IT'LL COME BACK AS ALMOST A MANDATE. DOES THE CABINET HAVE TO READ TO RECONVENE OR CAN IT BE PULLED? NO THEY HAVE TO SIT TOGETHER. IT'S JUST LIKE A SUNSHINE BOARD. OKAY, THEY WILL NOT NO MATTER WHAT HAPPENS, NO MATTER WHAT IT WILL NOT GET AN ANSWER UNTIL DECEMBER. I MEAN, IT COULD BE MARCH THE EARLIEST THAT IT WILL BE AS THE NEXT SCHEDULED CABINET MEETING. OKAY IT WAS ACTUALLY KIND OF AMAZING. THEY HAD THEIR LAST ONE ON ELECTION DAY, WHICH PRIMARY ON THE PRIMARY ELECTION DAY, WHICH REALLY KIND OF SURPRISING, BUT THERE WAS A LOT OF COMMENTS ON THAT, TOO. ONE OF THE CABINET MEMBERS FELT LIKE THE OTHER CABINET MEMBERS WERE DOING IT TO HER TO PREVENT HER WONDER WHO THAT WAS, UH, ANYTHING ELSE, MIKE. I'M HAPPY TO ANSWER QUESTIONS, AND I COULD DO MORE INFORMATION PROVIDED. I JUST WANT TO GIVE AN UPDATE TO LET EVERYBODY KNOW WHERE WE'RE AT AND MOVE ON FROM THERE BECAUSE I KNOW THERE'S A LOT OF DISCUSSION ON IT. IT'S NOT THAT INTERESTING TOPIC REALLY. OKAY. THANK YOU. THANK YOU. THANK YOU, MIKE. OKAY WE'RE GONNA MOVE ON

[COMMENTS BY CITY COMMISSIONERS]

TO COMMISSIONER COMMENTS. UM CAMPBELL, DO YOU HAVE ANY MORE COMMENTS SO OTHER THAN YOUR OPENING REMARKS? THANK YOU DID SO I'D LIKE TO GO INTO MORE DETAIL ABOUT WHAT I OFFERED UP INITIALLY IN MY THANK YOU'S WITH A ZONING IN PROGRESS AND HOPEFULLY STIR UP SOME CONVERSATION WITH MY OTHER COMMISSIONERS ABOUT DISCUSSING ABOUT DISCUSSING A ZONING IN PROGRESS. I KNOW WE'RE GONNA BE TIED UP IN THE BUDGET. YOU KNOW THE NEXT COUPLE OF MEETINGS HERE SO MAYBE AT THE END OF OCTOBER, I WOULD LOVE TO DISCUSS, YOU KNOW, HAVE IT ON THE AGENDA TO DISCUSS THE ZONING AND PROGRESS. BUT WHEN I MENTIONED THAT, I GUESS THE CONTEXT WOULD BE YOU KNOW WHAT IS THE ZONING IN PROGRESS? WHY WOULD WE WHAT IS THE POINT OF A ZONING IN PROGRESS? AND WHAT WE'RE SAYING IS AS A CITY WE WANT TO TAKE A BREAK ON NEW APPLICATIONS FOR DEVELOPMENT. WE WANT TO START AND WE CAN HAVE WHATEVER TIMEFRAME YOU KNOW THAT WE WANT TO PUT ON THAT. WE CAN DECIDE IN THAT DISCUSSION. BUT MAYBE FOR SIX MONTHS OR WHATEVER, YOU KNOW . HEY WE WANT TO TAKE A BREAK AND WE WANT TO LOOK AT WHAT THE IMPLICATIONS ARE OF WHAT HAS ALREADY BEEN APPROVED BECAUSE SO MUCH HAS HAPPENED SO FAST. AND WE'RE NOT SAYING A MORATORIUM.

WE'RE NOT SAYING WE'RE NEVER GOING TO BUILD, YOU KNOW HERE, BUT LET'S TAKE A BREAK. LET'S LOOK AT WHAT WE HAVE APPROVED WHAT THE IMPLICATIONS ARE, LIKE. THE CITY ATTORNEY MENTIONED THE CODING AND THINGS THAT WE NEED TO BUTTON UP AND TIGHTEN UP. ALRIGHT IN LIGHT OF THE OVERWHELMING. AND I KNOW YOU GOT TO TRUST ME ON THIS BECAUSE THESE ARE MY CONVERSATIONS WITH RESIDENTS. BUT MY POLLING WHEN I WAS TALKING TO RESIDENTS WHO REALLY WANT TO SEE THINGS SLOW DOWN AND FEEL LIKE THEIR CITY HAS BEEN SLIPPING AWAY. SO I WOULD LOVE TO SEE. THERE'S SOME CLASS RIGHT ON BUT I WOULD LOVE TO. OPEN UP. FOR DISCUSSION WITH SOME OF YOU THE OPPORTUNITY TO DISCUSS MAYBE YOU KNOW, THE LATER OCTOBER MEETING ZONING AND PROGRESS. UM. ACTUALLY YOU KNOW, THAT GOES ALONG WITH A COUPLE OF COMMENTS, SO I'LL ADDRESS THAT WHEN I GET TO MY COVER. BECKY DO YOU HAVE ANY JUST WELCOMED THE NEW COMMISSIONERS? GLAD YOU'RE HERE? YOU WOULDN'T HAVE ANY ADDITIONAL COMMENTS. YES THANKS . THANK YOU. NEW COMMISSIONERS. THANK YOU SO MUCH. AND I THANK EVERYONE. UM I WANT TO THANK OR POLICE DEPARTMENT AND OR IS IT ON A GUARD? YES YES. TODAY IT WAS SO SPECIAL OF FIRE DEPARTMENT. IT WAS JUST SO SPECIAL TO HAVE THEM HERE AND TO HAVE THEM REALLY HELP US IN OUR RESPECTFUL REMEMBRANCE OF 9 11, AND I REALLY, REALLY THANK THEM FOR THEIR PARTICIPATION IN OUR MEETING TODAY AND CHIEF AND CHIEF FELICIANO IF YOU TELL YOUR STAFF. THANK YOU. THANK YOU SO VERY MUCH, UM, IN LIGHT OF THINKING OF OUR COUNTRY, GOD AND COUNTRY ON SEPTEMBER 20TH AT 3:30 P.M. I THINK WE'RE STARTING AT 3 30 TOGETHER. IT MIGHT BE A

[02:20:03]

FOUR. EXACTLY THERE'S A READING OF THE CONSTITUTION AT THE EASTERN STREET RECREATION CENTER . IT'S 30 THURSDAY, SEPTEMBER 20TH. WE HAD A RESOLUTION TODAY FOR CONSTITUTION DAY, WHICH IS SEPTEMBER 17TH. AND WE'RE ASKING YOU TO PLEASE COME OUT. YOU CAN STILL BE A READER OR YOU CAN JUST COME AND PARTICIPATE, OR IF YOU SEE A YOUNG PERSON GOING UP TO READ. YOU CAN GO RIGHT UP THERE ON STAGE AND PARTICIPATE WITH THEM. THIS IS A COMMUNITY FRIENDLY. HOMEGROWN, UM. TYPE OF EVENT, SO PLEASE CONSTITUTION READ INTENSE STREET RECREATION CENTER. GET THERE BEFORE FOUR O'CLOCK, 3:30 P.M. AND MS JESSICA THORPE AT THE REC CENTER TO 885340 WILL ALWAYS WELCOME YOUR PARTICIPATION AND WILL WELCOME YOU THERE. WE'RE GOING TO DO IT RAIN OR SHINE. SO PLEASE COME OUT WHETHER IT'S RAINING. GET INSIDE THE BUILDING AND WE'LL HAVE YOU THERE. WE JUST SAID TO NEW COMMISSIONER SPEAK TONIGHT WHEN THEY WERE BEING, UM, SWORN IN AND I JUST WANTED TO SAY THAT I ALSO WANT TO THANK THE FACT THAT IN THIS SMALL TOWN I HAD AN OPPONENT. MY OPPONENT WAS VERY, UM I DON'T KNOW WHAT YOU'RE SAYING. THESE THESE WELL BEHAVED WHATEVER.

JUST WE HAD A GOOD SOMEBODY MENTIONED SOMETHING WHEN HE WAS TALKING ABOUT MR BRETT REAL WHATEVER THOSE SAME WORDS ARE ECO THEM, UM AS TOWARDS MY OPPONENT, AND I JUST SAY THAT THIS IS OUR SMALL TOWN. THIS IS OUR TOWN. WE CAN LIVE. WE CAN BE HERE WE CAN BREATHE. WE CAN DO WHATEVER WE NEED TO DO TO MAKE SURE THAT WE ARE IN A PLACE WHERE WE ARE HAPPY AND WE'RE ABLE TO MOVE FORWARD. I THOUGHT I SAW MR LAUGHLIN HERE EARLIER ON, BUT I DON'T THINK HE'S HERE NOW, BUT I JUST WANT TO SAY THAT THIS IS SO SPECIAL THAT WE CAN DO THIS AND WE CAN HAVE OPPONENTS AND WE CAN STILL RESPECT EACH OTHER AND WORK WITH EACH OTHER AND NOT SOLELY OR REPUTATIONS, AND IT'S JUST A WONDERFUL, WONDERFUL THING. SO THANK YOU VERY MUCH, MR LAUGHLIN FOR TAKING UP AND STANDING UP. AND WANTED TO PARTICIPATE IN SERVE, AND I REALLY APPRECIATE ALL THOSE WHO SUPPORTED HIM AS WELL AS ALL THOSE WHO SUPPORTED ME. THIS IS WHAT OUR CITY IS ALL ABOUT, IS TRYING TO BE INVOLVED IN TO PARTICIPATE. UM ON THIS THURSDAY, THE 16TH AT 10 A.M. AT THE COURT MAY, AKA CEMETERY. OUT UM, JUST PAST THE FLASHING LIGHT OUT IN INDIAN TOWN WHERE WE HAVE THE ROAD THAT GOES UP TO 7 10, BUT YOU CONTINUE ON CANADA HIGHWAY OUT TO THE CEMETERY.

THAT IS WHERE THE MEMORIAL GRAVES FOR THOSE WHO DIED IN THE 19TH 28 STORM. SOME PEOPLE SAY HURRICANE WE REFER TO IT AS A STORM OF 1928. IT WASN'T EVEN NAMED THEN AND WHEN THOSE GREAT WINDS CAME, LAKE OKEECHOBEE WASHED OVER THE EVERGLADES AND OVER 3000 PEOPLE PERISHED DURING THAT TIME AND IN THE WEEKS TO FOLLOW, SO THEY'RE HAVING THIS MEMORIAL. THE CITY OF PAHO KEY IS IN CHARGE OF THAT. I'M GOING TO TRY TO GET OUT THERE WITH THE PROCLAMATION AND I KNOW THAT WE HAVE ONE THAT THE MAYOR HAS SIGNED. AND IF NOT, I'M GOING TO ASK IF MAYOR IS GOING TO GO OUT THERE. IF HE CAN TAKE IT, I AM STILL WORKING ON MY SCHEDULE. BUT THIS WE'RE GOING TO HAVE MEMBERS FROM OUR RECREATION DEPARTMENT OR SENIORS GO OUT THERE AND WE'RE JUST ASKING ALL OF MARTIN COUNTY TO GET OUT AND PARTICIPATE. IN THIS EVENT. WE STILL HAVE TWO TWIN SISTER. WELL NOT TWO TWIN SISTERS AND ANOTHER LADY. THREE PERSONS WERE SURVIVORS OF THE STORM. THE TWINS WERE THINK WERE TWO YEARS OLD AT THE TIME, AND THE SOUTHERN LADY WAS THREE YEARS OLD AT THE TIME, AND SO THERE'S STILL ALIVE. THEY LIVE IN SOCHI AND ALSO ACTUALLY CANNOT POINT AND UM AND INDIAN TOWN AND USUALLY THEY'RE THERE EVERY YEAR , SO PLEASE GO OUT. IT'S A WONDERFUL, WONDERFUL THING OUT THERE AT THE CEMETERY AT 10 O'CLOCK ON THE 16TH. I THINK THAT'S ABOUT IT. THERE'S SOME OTHER THINGS COMING UP AT 10 STREET. THERE'S A GANG WALK ON THE 19TH OF SEPTEMBER THAT THE RECREATION DEPARTMENT, THE POLICE DEPARTMENT, WE'RE GOING TO BE WALKING, STARTING AT FOUR P.M. AT THE EASTERN STREET RECREATION CENTER, AND WE'RE GOING TO BE WALKING THE NEIGHBORHOOD RIGHT AROUND THE RECREATION CENTER AND TOWARDS THE POLICE SUPPORT MINT AND IN THAT AREA, SO PLEASE COME OUT AND HELP HER YOUNG PEOPLE WHO ARE AT THE CENTER AND THOSE WHO ARE JUST WANTED TO PARTICIPATE IN THE COMMUNITY. PLEASE COME OUT FOR THAT GANG WALK AND FOR GANG AWARENESS ON THAT EVENING ON MONDAY, SEPTEMBER 19TH THANK YOU. GANG WALK AGAIN. WALK SORRY . OKAY. SO WILL BE WALKING AGAINST ANTI GANG WALK. OKAY? I

[02:25:07]

GUESS I'LL DO MY COMMENTS FIRST. I JUST WANT TO WELCOME THE NEW COMMISSIONERS. IT'S UH IT'S VERY EXCITING TO HAVE YOU ALL COLLEAGUES. UM I CAN TELL YOU FROM EXPERIENCE WHEN I FIRST STARTED, IT'S A IT'S A LEARNING EXPERIENCE, BUT IT'S ALSO ONE OF THE MOST REWARDING EXPERIENCES.

THAT YOU CAN HAVE IN YOUR LIFE AND WHAT WELL, AMAZING IS IT'LL YEARS FROM NOW THERE'S THINGS THAT BECAUSE HOW THINK LONG THINGS TAKE UM YOU'LL HAVE WORK ON PROJECTS AND THEN, UM YEARS LATER, YOU'LL SEE THE PROJECT HAPPENING, AND IT'S LIKE, WOW, IT'S LIKE, SEVEN YEARS LATER AND , UH AND I SPENT A SHORT TIME OUT OF OFFICE AND SOME OF THOSE PROJECTS CAME TO FRUITION WHEN I WAS NOT IN OFFICE, AND THAT WAS THAT, REALLY PUT A SMILE ON MY FACE. UH WHEN THOSE CAME ALONG, SO, UM WE ACTUALLY REJUVENATED ME IN A LOT OF WAYS. SO, UM, SO WELCOME WITH COLLEAGUES. UH EXCITED. UH AND, UM, OBVIOUSLY, BECAUSE OF THE SUNSHINE LAWS. WE CAN'T HAVE CONVERSATIONS BUT EXCEPT FOR HERE, BUT UM, YOU KNOW, SPEAK UP. YOU KNOW, THINK ABOUT EVERYTHING. AND I KNOW YOU ALL WILL DO A GREAT JOB. THANK YOU. UM ONE OF THE OTHER THINGS I WANTED TO ADDRESS IS SITTING HERE IN THE MAYOR'S SEAT. AND UH , I THINK PEOPLE MIGHT BE WONDERING WHY I'M SITTING IN THE MIRROR. AND I THOUGHT MR MARTEL TALK ABOUT OKAY. SO DAVE WOULD COVER THAT IN HIS COMMISSION COMMENTS. FINALLY UM, COMMISSIONER COLLINS BROUGHT UP WANTING TO DO SOME MEETINGS AND I THINK THAT'S A GOOD IDEA. WE NEED TO HAVE SOME DISCUSSIONS. UM IT WAS VERY CLEAR THAT, UH, SOME INFORMATION TO ONE THING I LIKE ABOUT ELECTIONS IS WE GET TO HEAR FROM THE PUBLIC WE GET TO HEAR, YOU KNOW, WE GET TO HEAR THINGS ARE AND HOW THINGS CHANGED FROM EVEN TWO YEARS AGO . UM AND IT'S NOT JUST DEVELOPMENT. THERE'S LOTS OF ISSUES AND WE HEAR ABOUT THINGS.

SO HERE'S WHAT I'M GONNA SUGGEST IS THAT WE DO PUT A MEETING WE PUT A I WOULD ACTUALLY SUGGEST A WORKSHOP TO DISCUSS THIS. I WOULD ALSO SUGGEST THAT WE WAIT TO EARLY NOVEMBER AND ONLY REASON I SAY THAT IS WE HAVE A NEW DEVELOPMENT DIRECTOR COMING ONLINE. UM IN THE END OF SEPTEMBER AND LET HER GET HERE AND BE HERE A MONTH. ERIN IS DOING A WONDERFUL JOB AND DEVELOPMENT. BUT SHE'S COMPLETELY. I'M SURE OVERWHELMED WITH THE AMOUNT OF WORK. AND THIS WILL JUST GIVE THE NEW PERSON TO, UM COME ALONG. THAT'S COMING IN TIME TO GET SETTLED IN AND AT LEAST HAVE 30 DAYS HERE BEFORE WE HAVE A MAJOR DISCUSSION ON DEVELOPMENT. UM BECAUSE THERE'S A COUPLE ISSUES I'D LIKE TO BRING UP FORMER FIRST AND FOREMOST THE HALF UNIT ISSUE. I WANT TO DISCUSS THAT THERE'S SOME OTHER ISSUES INVOLVING, UM, PED COMPLIANCE.

IN THE IN ADDITION, STAFF BASED ON UM, COMMISSIONER GOAL STAFF HAS BEEN WORKING ON ONE OF MY COMMISSIONER GOALS IS LOOKING AT DOING AN INVENTORY AND LOOKING AT OUR COMMERCIAL INDUSTRIAL PROPERTIES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT BECAUSE ONE OF THE CONCERNS I'VE HAD IS TAKING COMMERCIAL AND INDUSTRIAL OUT OF THOSE LAND USES AND PUTTING THEM INTO RESIDENTIAL UM BECAUSE WE CAN RESIDENTIAL. YOU CAN PUT ALMOST ANYWHERE YOU CAN'T PUT INDUSTRIAL YOU KNOW, INDUSTRIAL AND COMMERCIAL. SO IF WE LOSE THAT WE LOSE THAT ECONOMIC DEVELOPMENT OPPORTUNITIES. SO, UM BUT IF THAT IS FINE WITH YOU ALL MAYBE GET MAYBE DAVE CAN WORK ON GETTING LIKE TO PUSH BACK AND JUST SAY THAT I THINK THAT GIVES DEVELOPERS A WINDOW TO TRY TO PACK THINGS IN AND THE PEOPLE HAVE CLEARLY SPOKEN TO ME THAT THEY WANT TO BE ON A PAUSE. AND US DISCUSSING. THE CONVERSATION ABOUT WHAT IS EARNING IN PROGRESS LOOKS LIKE IS NOT A COMMITTAL THING. WE'RE I'M ASKING TO AGENDA A DISCUSSION ABOUT IT IN THAT LATE OCTOBER MEETING, YOU KNOW, INCOME, SEE WHERE IT GOES FROM THERE. PROBABLY A BIGGER DISCUSSION THAN THAT. THAT'S THE ONLY REASON I'M SAYING THAT IS THAT AND I'M NOT. I'M TALKING LIKE THE FIRST WEEK OF WITHIN THOSE DISCUSSIONS. I THINK THAT LOOKS MORE LIKE A WORKSHOP. WHAT YOU'RE DESCRIBING OR REHASH OUT WITH THE DETAILS WOULD BE AND GET PUBLIC COMMENT AND BUT WE'RE SAYING WE WANT TO START THAT PROCESS WITH THE ZONING IN PROGRESS AND START THOSE WORKSHOPS VERSUS WORK SHOPPING. TO DISCUSS IMPLEMENTING A ZONING IN PROGRESS. SO OKAY. WHY DON'T WE GO OUT FOR THE I CAN EVEN PUT ON THE FIRST MEETING IN OCTOBER SCHEDULE D AND D TO DISCUSS WHAT IS OWNING IN PROGRESSES AND GET SOME LEGALITY INPUT FROM MR MARTEL DURING THAT MEETING, AND THEN FROM THAT WE CAN SPREAD OUT TO THE WORKSHOP WORKSHOP IN NOVEMBER. 1ST TALKING ABOUT THE FIRST WEEKEND. REMEMBER FOR WHAT IT'S WORTH? OBVIOUSLY THE COMMISSION HAS THE DISCRETION TO VOTE NO ON ANY PROJECTS BEFORE THAT THAT COMES FROM WORD. THAT'S RIGHT. I MEAN, IF WE LOOK

[02:30:05]

AT THE OPIATE, THERE'S NOT MANY DEVELOPMENT HAPPENS. IT'S ACTUALLY THE ECONOMY IS CHANGING . THERE'S BEEN A SORT OF DE FACTO ZONING IN PROGRESS. THE ONE WE HAVE THE ONE ON CENTRAL PARK WAY, BUT YEAH, IT'S A RATHER THAN RATHER THAN ADDRESSING IT AS AN AGENDA ITEM CONVERSATIONAL. TRY TO STOP SOMETHING. THERE'S COMMERCIAL STUFF COMING UP. YEAH, THERE IS SOME COMMERCIAL STUFF COMING UP. UH OKAY, SO WE'LL WE'LL WE CAN PULL INTO THE DND ON CONSENSUS.

YEAH D AND D ON THE WINDOW ON THE FIRST MEETING IN OCTOBER, I THINK. YEAH I DON'T. I DON'T THINK YOUR CALENDARS FULL. THERE'S ENOUGH BREATHING ROOM WITH BUDGET WILL BE DONE. YEAH YOU HAVE TO FOR THEM TO HEAR YOU HAVE TO REALLY KIND OF BREATHING ROOM WITH THE BUDGET FOR THAT WILL BE DONE WITH THE BUDGET BY THE PROGRAM. OKAY SO THERE'S THAT. AND FINALLY, UM, JUST WANTED AGAIN AFTER GOING TO THE 9 11 MEMORIAL LAST NIGHT. THAT WAS IT WAS A VERY MOVING AND THANK YOU FOR OUR FIRST RESPONDERS. AND THAT'S ALL I HAVE. SO WE'RE GOING TO APPROVAL

[COMMENTS BY CITY MANAGER]

OF THE AGENDA WE HAVE. OH NO. MITCH COMMENTS BY THE MANAGER. I'M SORRY. LOT, UM SO ITEM 18.

THE APPLICANT HAS ASKED FOR A CONTINUANCE OF THAT ITEM TO A DATE CERTAIN OF OUR NEXT MEETING, WHICH IS SEPTEMBER 26. THAT WOULD BE THE DOG'S WORLD ITEM. UM AND THEN AS A MAYOR MCDONALD'S POINTING OUT WHY HE'S SITTING IN THE MAYOR SEAT IN THE CHARTER UNDER SECTION 7.9 SUBJECTS AND SEE IT TALKS ABOUT IN THE ABSENCE OR IN THE INABILITY FOR THE MAYOR TO SERVE THAT THE VICE MAYOR WOULD ASSUME THE ROLE OF MAYOR UNTIL OUR NEXT REORGANIZATION. IT IS SILENT ON REPLACEMENT OF THE VICE MAYOR. ACTUALLY, IT IT SAYS THE VICE MAYOR SHALL ACT AS MAYOR DURING THE ABSENCE OR DISABILITY, THE MAYOR AND IF A VACANCY OCCURS OR EXIST IN THE OFFICE OF MAYOR, THE VICE MAYOR SHALL BECOME MAYOR FOR THE COMPLETION OF THE UNEXPIRED MAYORAL TERM IN THE TEMPORARY ABSENCE OF THE MAYOR AND VICE MAYOR, THE REMAINING COMMISSIONERS SHALL SELECT A MAYOR, PRO TEMP. SO IN THE EVENT THAT COMMISSIONER MAYOR MCDONALD IS NOT AT A MEETING AND WE DON'T HAVE A MAYOR OR VICE MAYOR. THOSE PRESENT AT THE MEETING COULD ELECT OR WILL DESIGNATE THE PERSON THAT'S GOING TO OPERATE AS MAYOR FOR THAT MEETING TO RUN THAT MEETING.

THANK YOU DON'T MISS A MEETING. WELL, I WOULD SUGGEST IF YOU IF YOU COMMISSIONER CLARK AS THE IMMEDIATE PAST, UH, MAYOR, I WOULD RECOMMEND THAT IF YOU HAVE TO PASS THE GAVEL, RIGHT? WE GOTTA GO TO THE RESTROOM OR SOMETHING THAT HISTORICALLY THE CITY HAS DONE IT BASED UPON SECURITY LIKE THAT. OKAY OKAY. OKAY AND THEN SO MOVING ON IT RIGHT NOW. MOVING ON I WANT I JUST WANT TO EXPRESS A THANK YOU FROM STAFF, UM, FOR MR MERRITT MATHESON'S TENURE HERE AS A COMMISSIONER, HE WAS A TRUE GENTLEMAN, AND WE ALL APPRECIATED HIS HIS TENURE HERE WITH US, AND WE WILL BE RECOGNIZING HIS MAYORSHIP WITH A TREE AND MAYOR PARK. AS WELL AS THE CEREMONIAL GAVEL THAT WE WILL GET TO HIM AS WELL. UM THERE IS A UTILITY WORKSHOP SCHEDULED FOR THE 14TH AT FIVE P.M. SO THAT'S THIS WEEK WEDNESDAY JUST DISCOVERED THAT THE AGENDA HAS NOT BEEN PUBLISHED. HOWEVER, I KNOW ALL OF YOU HAVE RECEIVED THE ACTUAL PRESENTATION THAT WILL COME OUT AND WE WILL HAVE THAT PUBLISHED OUT FIRST THING IN THE MORNING.

AND AGAIN THAT IS AT FIVE O'CLOCK. UM AS DILIGENT AS MR BAGLEY OLI ALWAYS IS. HE WENT DOWN TO HIS OFFICE AND LOOKED UP THAT NEW CONSTRUCTION OUT OF ALARM THAT YOU WERE TALKING ABOUT COMMISSIONER RICH. AND IT'S $111,505,000. OF NEW CONSTRUCTION VALUATION, WHICH EQUATES TO $557,527. IN ADDITIONAL ADVIL OR IN TAX TO THE CITY OF HIS ROOM AND WENT AND GOT THAT IN. WELL DANIEL. UM YES, AND WITH THE ABSENCES OR OR I SHOULD SAY LEAVING OF THE OTHER TWO COMMISSIONERS. THE BOARD MEMBERSHIP APPOINTMENTS WILL GO AS FOLLOWS. THE AIRPORT NOISE ADVISORY IS STILL COMMISSIONER CLARK, THE ARTS COUNCIL. STILL, COMMISSIONER BRUNER BUSINESS DEVELOPMENT BOARD IS STILL COMMISSIONER MCDONALD. THE MPO OR METROPOLITAN PLANNING ORGANIZATION WILL BE COMMISSIONER COLLINS, WHO WILL TAKE YOU TO BE TAKING THAT SPOT FROM COMMISSIONER MATHESON AND MR SORRY, MAYOR MCDONALD. THE TRAGEDY TOURISM DEVELOPMENT COUNCIL WILL BE COMMISSIONER COLLINS. THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS WOULD BE COMMISSIONER RICH AND THE TREASURE COAST REGIONAL LEAGUE OF CITIES WOULD BE COMMISSIONER RICH WITH THE ALTERNATIVE COMMISSIONER BRUNER AND THE TREASURE COAST REGIONAL PLANNING COUNCIL WOULD BE COMMISSIONER CLARK. AND THEN WE DO HAVE VACANCIES ON OUR INTERNAL BOARDS, SPECIFICALLY, THE L P A. AND THE CRB. I HAD

[02:35:07]

ORIGINALLY INTENDED TO WAIT UNTIL OUR REORGANIZATION BECAUSE THAT IS COMING UP IN DECEMBER, BUT WE HAVE FOUND JUST IN THIS RECENT CRB THAT WE MAY HAVE QUORUM ISSUES WITH LEAVING THOSE VACANT SO I WILL BE ENQUIRING WITH THOSE WHO HAVE VACANT SEATS TO FILL THE VACANCIES. UM WELL, THAT LEAVES A VACANT IF WE DON'T DO, IT LEAVES A VACANCY ON THE C R A LEAVES A VACANCY ON THE CRB AT LEAST A VACANCY ON THE L P A. SO WE DO WANT TO GO AHEAD AND FILL THOSE AND WHICHEVER COMMISSIONERS THOSE SEATS FALL IN LINE WITH, UM YOU HAVE SOME TIME BEFORE YOU HAVE TO PICK BUT PICK SOMEONE, OBVIOUSLY, THAT YOU PROBABLY WANT TO CARRY OVER TO THE NEXT TERM, SO YOU DON'T HAVE TO LET THEM GO IN DECEMBER AFTER ONE MEETING. GOOD JOB, UM AND PROBATION BY FIRE AND MAYOR MCDONALD'S AT YOUR BIRTHDAY TOMORROW. HAPPY BIRTHDAY, SIR. THANK YOU. I WAS TRYING TO HAVE HEARD THAT WELL. IT WAS VERY MUCH. THANK YOU. EVERYONE VACANCY ON THE OPA IS ACTUALLY A VACANCY FOR HIM TO FILL FOR COMMISSIONER CONSTABLE. YES ALTHOUGH IT WAS YOUR C RIGHT.

IT'S NOT IT'S RIGHT, MR COLLINS APPOINTMENT. YEAH OKAY. THANK YOU. APPROVAL OF THE AGENDA. WE

[APPROVAL OF AGENDA]

NEED A MOTION. UH MOVE APPROVAL, GENDER. I'M SECOND. OKAY SO WE HAVE A MOTION BY COMMISSIONER BRUDER, A SECOND BY COMMISSIONER CAMPBELL. RICH RICH. I'M GONNA GET THAT RIGHT AT. IS THAT WHAT PAUL? AN ITEM NUMBER EIGHT. I MEAN, WITH ITEM NUMBER 18 BEING CONTINUED. I THINK WE NEED TO ACTUALLY DO A MOTION FOR CONTINUANCE. OKAY SO WE HAVE A MOTION TO SECONDARY PUBLIC COMMENT ON THE AGENDA. HEARING NONE ALL IN FAVOR. I OPPOSED MOTION CARRIES. OKAY ANY COMMENTS FROM THE PUBLIC? I DON'T HAVE ANY GREEN CARDS. OKAY SAYING NONE WILL GO AHEAD AND

[CONSENT CALENDAR]

MOVE ON CONSENT AGENDA. WE NEED A MOTION FOR THE CONSENT AGENDA APPROVAL. THANK YOU. YEAH. OKAY MOTION BY COMMISSIONER CLARK SECONDED BY COMMISSIONER RICH UM , MAYOR EDDIE. I'M GOING TO GET IT RIGHT. SO ANY ANY PUBLIC COMMENT ON THE CONSENT AGENDA? HEARING NONE OF VERY WOULD YOU CALL THE ROLL, PLEASE? COMMISSIONER RICH. YES COMMISSIONER COLLINS.

COMMISSIONER CLARK. YES MR BRUNER? YES, MR MCDONALD. OKAY COMMISSION ACTION. OKAY, WE'VE

[17. SOUTH FLORIDA PAIN MANAGEMENT, LLC CONDITIONAL USE (RC): RESOLUTION No. 74-2022; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, CONSIDERING CONDITIONAL USE APPROVAL TO SOUTH FLORIDA PAIN MANAGEMENT, LLC (TENANT) FOR THE PROPERTY LOCATED AT 715 SE 5TH STREET, CONSISTING OF APPROXIMATELY 0.28 ACRES; TO ALLOW THE USE OF A PAIN MANAGEMENT CLINIC; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CONDITIONS OF APPROVAL; AND FOR OTHER PURPOSES.]

ALREADY DONE THE BUDGET ITEMS. SO NOW WE NEED TO GO TO AND I'M 17, WHICH IS SOUTH FLORIDA PAIN MANAGEMENT. CONDITIONAL USE. DOES DAVE, ARE YOU DOING THIS LETTER MIKE TITLE AND THEN STAFF WILL DO OKAY. UM THIS IS DOING THIS. IT'S GOING TO PAN RESOLUTION NUMBER 74-20 TO 2 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA. CONSIDERING CONDITIONAL USE APPROVAL TO SOUTH FLORIDA PAIN MANAGEMENT LLC, WHO IS THE TENANT FOR THE PROPERTY LOCATED AT 715, SOUTH EAST FIFTH STREET, CONSISTING OF APPROXIMATELY 7150.2 ACRES TO ALLOW THE USE OF A PAIN MANAGEMENT CLINIC, PROVIDING AN EFFECTIVE DATE, PROVIDING FOR CONDITIONS OF APPROVAL AND FURTHER PURPOSES. OKAY? GOOD EVENING COMMISSIONERS. FIRST OF ALL, I WOULD LIKE TO CONGRATULATE BOTH OF YOU FOR YOUR ELECTION FOR BEING ELECTED AND COMMISSIONER CLARK FOR HER REELECTION. UH I AM JUST FOR THE RECORD. I AM ERIN WILLETT COME THE ACTING DEVELOPMENT DIRECTOR FOR THE NEXT MEETING OR TWO UNTIL OUR NEXT DEVELOPMENT DIRECTOR, UM GET SETTLED, AND THIS IS BONNIE LANDRY WITH BONNIE LANDRY AND ASSOCIATES.

SHE IS OUR CONSULTANT WHO'S BEEN HELPING US WITH SOME PLANNING WORK AND I'M GOING TO TURN THE ITEM OVER TO HER. AND BARNEY IS ALSO A CITY RESIDENT, AND MY BUSINESS IS LOCATED IN THE CITY AS WELL. DOUBLE BONUS DOUBLE DOUBLE LOCAL. UM AS AS ERIN, SAID MAYOR COMMISSIONER CITY MANAGER CITY ATTORNEY FOR THE RECORD MY NAME IS BONNIE LANDRY BCL, A LOCATED IN STUART, FLORIDA, AND I'LL BE PREPARING THE SIGN THEM. SO AS THE AS THE ATTORNEY STATED, THIS IS AN APPLICATION FOR SOUTH FLORIDA. CAN YOU HEAR ME? OK SOUTH FLORIDA PAIN MANAGEMENT CLINIC, WHICH IS LOCATED IN THE CITY OF STORED AT 715, SOUTH EAST FIFTH STREET. AND THIS REQUEST IS TO GRANT A CONDITIONAL USE APPROVAL TO ALLOW THE USE OF PAIN MANAGEMENT CLINIC IN THE R THREE ZONING DISTRICT. THE LOCATION AGAIN, IS IT 715 SOUTH EAST FIFTH STREET IS LOCATED ON 7150.28 ACRES. THE FUTURE LAND USE IS OFFICE RESIDENTIAL. AND THE SITE IS LOCATED IN THE R

[02:40:04]

THREE ZONING DISTRICT, WHICH IS CONSISTENT WITH THE REQUIREMENTS ZONING FOR PAIN MANAGEMENT CLINIC. I WANTED TO POINT OUT, YOU'LL SEE THE TWO DOTS THAT THE STARS WHERE THEY WOULD LIKE TO RELOCATE THE DOT THE CIRCLE IS WHERE THEY ARE CURRENTLY AT 900 EAST OCEAN, SO FOR THE RECORD, THEY ARE AN ESTABLISHED PRACTICE RELOCATING TO A DIFFERENT LOCATION BECAUSE THE UNIT THEY ARE AT CURRENTLY IS BEING SOLD. UM THE APPLICANT HAS PROVIDED THE PUBLIC NOTICE REQUIRED, WHICH IS A NOTIFICATION TO PROPERTY OWNERS WITHIN 300 FT OF THIS FUTURE BUSINESS, FUTURE BUSINESS LOCATION AS WELL AS SIGNAGE ON THE PROPERTY. STAFF HAS REVIEWED THIS APPLICATION BASED ON THE STANDARDS OF REVIEW FOR PAIN MANAGEMENT AS A SUMMARY , UM THEY NEEDED TO PROVIDE THE LICENSOR, WHICH THEY DID PROVIDE THEY NEEDED TO PROVIDE PROVIDE EVIDENCE OF THE DISTANCE SEPARATION BETWEEN OTHER PAIN MANAGEMENT CLINICS, PHARMACIES AND THE DISTANCE FROM US ONE.

ALL OF THOSE ARE COMPLY. THERE WERE OTHER REGULATIONS THAT WERE STATE OR THERE ARE STATED IN THE CODE HOURS OF OPERATION, UM, STANDARDS TO PREVENT ANY LOITERING. UM PARKING HAS TO BE PROVIDED AND A CERTAIN SIGNAGE HAS TO BE PROVIDED. AND ALL OF THOSE AGAIN ARE COMPLIES, SOME OF WHICH ARE SUPPLEMENTED WITH THE CONDITION OF APPROVAL TO STRENGTHEN THAT COMPLIANCE. AND AT THIS POINT IN TIME, I WOULD LIKE TO INTRODUCE DR ANDREA ZUTAUTAS, WHO IS REPRESENTING SOUTH FLORIDA PAIN MANAGEMENT CLINIC, AND SHE'D LIKE TO JUST INTRODUCE YOURSELF AND SAY A FEW WORDS. GOOD EVENING TO THE COMMISSION MEMBERS AND MEMBERS OF THE PUBLIC OF THE CITY OF STEWART. MY NAME IS DR ANDREA SOTO VOCE. AND I'M HERE BEFORE YOU TODAY REQUESTING APPROVAL FOR A CONDITIONAL USE PERMIT TO BE ABLE TO MOVE MY PAIN MANAGEMENT PRACTICE FROM THE 900 SOUTH EAST OCEAN BOULEVARD LOCATION WE'VE BEEN AT FOR NINE YEARS. TO THE 715 SOUTH EAST FIFTH STREET LOCATION. IT'S ABOUT TWO BLOCKS AWAY. UM I'D LIKE TO BRIEFLY TELL YOU A LITTLE BIT ABOUT MYSELF. I'M ORIGINALLY FROM CHICAGO. I HAVE BEEN IN MEDICAL PRACTICE SINCE 1997 AND IN PRACTICE IN FLORIDA SINCE 2003 AND HERE IN STUART SINCE 2013. I'M BOARD CERTIFIED BOTH IN PHYSICAL MEDICINE AND REHABILITATION AND PAIN MEDICINE. MY TRAINING AND EXPERTISE IS IN THE TREATMENT AND PHYSICAL REHABILITATION OF INJURIES OR FUNCTIONAL LOSS FROM A VARIETY OF CAUSES. THESE CAUSES MAYBE NEUROLOGIC, SUCH AS A SPINAL CORD INJURY, MULTIPLE SCLEROSIS, EXACERBATION, STROKE AND MANY OTHERS. ORTHOPEDIC ISSUES SUCH AS TRAUMA, DEGENERATIVE ARTHRITIS OF THE KNEES, HIPS, SHOULDERS OR OTHER JOINTS. CERVICAL OR LUMBAR, OR THORACIC DISCRIMINATIONS AND ANY OTHER CAUSE. OF WEAKNESS, PAIN OR LOSS OF FUNCTION. SUCH CONDITIONS CAN BE DEVASTATING. THEY CAN CAUSE INABILITY TO WORK PERFORMED BASIC SELF CARE HOUSEHOLD TASKS. INABILITY TO SHOP. INABILITY TO ATTEND WORSHIP SERVICES. INABILITY TO MAINTAIN INDEPENDENCE. I WILL BRIEFLY DESCRIBE HOW MY PRACTICE WORKS. INITIAL EVALUATION AND MONITORING OF PATIENTS. WE PERFORM EXTENSIVE SCREENING OF ALL NEW PATIENTS, WHICH INCLUDES OBTAINING PREVIOUS MEDICAL RECORDS OFFICE NOTES FROM PREVIOUS PAIN MANAGEMENT AND OTHER SPECIALTY MEDICAL TREATERS. SUCH AS ORTHOPEDIC PHYSICIANS, NEUROSURGEONS, NEUROLOGISTS, RHEUMATOLOGISTS. OR PRIMARY CARE DOCTORS THAT THE PATIENT MAY HAVE SEEN IN THE PAST. WE OBTAIN RESULTS OF DIAGNOSTIC EVALUATIONS SUCH AS MRI, CT SCAN X RAY BOARDS.

REPORTS OR OPERATIVE REPORTS. PATIENT. MUST PROVIDE DIAGNOSTIC STUDIES WHICH SUBSTANTIATE THEIR PAIN COMPLAINTS. AS WELL AS THIS WILL ENSURE THAT THERE ARE NO UNDERLYING OR UNDIAGNOSED, DANGEROUS MEDICAL CONDITIONS THAT ARE BEING OVERLOOKED. STUDIES MUST BE RECENT WITHIN THE PAST THREE YEARS. THE FORCE OR PRESCRIPTION DATABASE PRONOUNCE. WE OBTAIN A

[02:45:06]

PRESCRIPTION HISTORY FOR ALL CONTROLLED SUBSTANCES ON EACH PATIENT AT THEIR INITIAL VISIT, AND THEN ON EVERY SUBSEQUENT VISIT FROM THE FLORIDA PRESCRIPTION DATABASE. THE PRESCRIPTION DATABASE MONITORING SYSTEM LISTS EVERY CONTROLLED SUBSTANCE THAT THE PATIENT HAS BEEN PRESCRIBED THE DATE IT WAS WRITTEN. THE DATE IT WAS FILLED . IT LISTS THE PRESCRIBING DOCTORS, NAME AND ADDRESS AS WELL AS THE NAME AND ADDRESS OF THE PHARMACY WHERE THE MEDICATION WAS FILLED. BY CHECKING THIS PRONOUNCE AT EACH VISIT. WE ARE ASSURED THAT PATIENTS ARE NOT RECEIVING DUPLICATE OR ADDITIONAL CONTROLLED SUBSTANCES FROM ANY OTHER PROVIDER, WHICH WOULD BE DANGEROUS. ADDITIONALLY, PATIENTS ARE ADVISED THAT THEY MAY NOT RECEIVE ANY PRESCRIPTION MEDICATIONS THAT FALL UNDER THE CONTROLLED SUBSTANCE CATEGORY FROM ANY PROVIDER WHEN THEY ARE ENROLLED IN OUR PAIN MANAGEMENT PLAN. URINE DRUG TESTING EACH PATIENT HAS TESTED UPON THEIR INITIAL VISIT AND RANDOMLY UPON FOLLOWING VISITS TO ENSURE COMPLIANCE WITH PRESCRIBED TREATMENT. AND ENSURE THE ABSENCE OF ANY ILLEGAL OR NON PRESCRIBED MEDICATIONS OR SUBSTANCES. WE PERFORM BACKGROUND CHECKS ON EVERY PERSPECTIVE PATIENT. FULL AND COMPLETE HISTORY AND PHYSICAL EXAMINATION IS DONE ON EVERY PATIENT PATIENTS THAT ARE ACCEPTED INTO THE PRACTICE WILL THEN BE SEEN EVERY MONTH BY ME.

TO ENSURE SAFETY AND PROPER COMPLIANCE WITH THE TREATMENT PROGRAM. BASED ON THEIR CLINICAL COURSE PHYSICAL EXAMINATION FINDINGS AND INDIVIDUAL NEEDS. PATIENTS MAY BE REFERRED FOR PHYSICAL THERAPY AND DIRECT INJECTIONS, SURGERY OR OTHER INTERVENTIONS. I BELIEVE WE PROVIDE A VALUABLE SERVICE TO STEWART AND THE SURROUNDING AREAS TO CARE FOR PATIENTS WITH CHRONIC PAIN CONDITIONS. INDIVIDUALIZED SAFE AND APPROPRIATE CARE, WHICH ALLOWS PATIENTS TO WORK CARE FOR THEMSELVES AND THEIR FAMILIES. I LOOK FORWARD TO CONTINUING TO CARE FOR MY PATIENTS, PROVIDING A REFERRAL OPTION TO MEDICAL PRACTITIONERS IN THE COMMUNITY WHO DO NOT PRESCRIBE CONTROLLED SUBSTANCES FOR THE MANAGEMENT OF PAIN. AND BEING AN ASSET TO THE COMMUNITY. AND I'M THANKFUL TO GOD AND ALL OF YOU HERE FOR THAT OPPORTUNITY. THANK YOU. OKAY BUNNY. ANYTHING ELSE? JUST STAFFING RECOMMENDATION. OKAY WANTED TO STATE FOR THE RECORD.

THAT STAFF FINDS THIS APPLICATION CONSISTENT WITH THE REQUIREMENTS OF THE CONDITIONAL PAIN MANAGEMENT SECTION CODE TWO POINT OH, SIX. 14 OF THE LAND DEVELOPMENT REGULATIONS AND RECOMMENDS THE COMMISSION GRANT APPROVAL OF THIS REQUEST WITH THE CONDITIONS NOTED HERE. THIS IS A SUMMARY BUT A FULL LIST OF CONDITIONS OF APPROVAL OR IN YOUR PACKET. UM, AND IT'S JUST SUMMARIZE. IT'S LIMITING THE BUSINESS HOURS, ACCORDING TO THE CODE. UM THE OPERATIONAL FACTORS THAT THE DOCTOR ALREADY HAS IN HER CURRENT PRACTICE, WHICH IS PREVENT SLAUGHTERING. AND THAT THEY NEED TO MAKE SURE THEY'RE BUILDING PERMITS ARE CONSISTENT WITH CITY CODES AND STATE FIRE COATS AS WELL. THANK YOU FOR THE FOR THE NEW COMMISSIONERS, JUST A LITTLE HISTORY. PROBABLY 8 10 YEARS AGO, THERE WAS A CRISIS AND PAIN MANAGEMENT. NOT NOT QUALITY PAIN MANAGEMENT CLINICS THAT WE'RE OPENING UP, ESPECIALLY IN SOUTH FLORIDA. AND TO PREVENT THAT FROM HAPPENING HERE. WE'VE CREATED A CONDITIONAL USE FOR PAIN MANAGEMENT CLINICS SO THAT WE COULD AVOID SOME OF THE PROBLEMS THAT WERE POPPING UP EVERYWHERE AND IT HAS WORKED. AND YOU'VE BEEN HERE FOR A WHILE. SO ANY DISCUSSION, OR DO WE HAVE A MOTION FOR APPROVAL? I'M SORRY.

GO AHEAD FOR DISCUSSION. OKAY. KIM. UM. ARE THE MAJORITY OF YOUR PATIENTS. RESIDENTS OF MARTIN COUNTY? YES. ARE YOU MOVING TO A BUILDING? THAT'S PROVIDING YOU WITH MORE SPACE WILL BE ABLE TO HAVE YOU RUN INTO CAPACITY ISSUES WITH YOUR CURRENT BUILDING? NO, IT WAS SIMPLY SOLD AND THE NEW OWNER IS MOVING IN HIMSELF. THINK HE'S AN ENDOCRINOLOGIST? MAYBE IT'S WE WOULD HAVE STAYED THERE. BUT SO WHY DO PEOPLE COME TO A PAIN CLINIC RATHER THAN BEING TREATED BY THEIR ABORIGINAL DOCTOR. BY THEIR OWN DOCTOR. WELL, HOW DID YOU START A CURIOSITY? UM THERE'S KIND OF A LOT TO IT. UMR PRINT PRACTITIONERS OTHER THAN YOU KNOW WHAT YOU HEAR. PEOPLE

[02:50:05]

SAY. MEETINGS AND SO FORTH. YOU KNOW, UM, FLORIDA MEDICAL ASSOCIATION. IT'S BURDENSOME AND YOU HAVE TO BE SET UP PROPERLY TO ADEQUATELY, YOU KNOW, MAKE SURE PATIENTS. UH AREN'T ABUSING THESE MEDICINES. I MEAN, AND I THINK IN A BUSY MEDICAL PRACTICE WHERE YOU'RE WORRIED ABOUT YOU KNOW, HEART ATTACKS AND STROKES AND, YOU KNOW OTHER THINGS YOU MAY NOT HAVE. THE STAFF MAY NOT BE QUITE SO. TUNED IN TO WHITNEY. WHAT'S WHAT'S RIGHT AND WHAT'S WRONG. AND THEN YOU KNOW, THERE WAS AN INFRASTRUCTURE. YOU KNOW, YOU'RE YOU'RE TESTING THAT YOU'RE IN. YOU'RE DOING ALL SORTS OF SCREENING TESTS. UM I THINK I THINK IT'S UH DIFFICULT. FOR REGULAR, YOU KNOW, FOR FAMILY PROVIDERS HAS BECOME A REAL AREA OF SPECIALTY. CORRECT I'M BOARD CERTIFIED IN PAIN MEDICINE. IT'S A IT'S A SPECIAL BOARD CERTIFICATION. OKAY THANK YOU. YOU'RE WELCOME. UM YOU DON'T HAVE TO ANSWER THIS, BUT I JUST WANT TO PUT IT OUT THERE. I DON'T KNOW IF THERE'S BEEN ANY STUDIES IN THE A. M A. THAT SHOWING HOW? SINCE WE'VE HAD THIS MORE PAIN MANAGEMENT CLINICS TO DEAL WITH CHRONIC PAIN MANAGEMENT IF THERE'S LESS PEOPLE GOING TO THE EMERGENCY ROOM TO SEEK PAIN MEDICATIONS OR THINGS LIKE THAT. BUT IT'S YOU KNOW, IT'S JUST SOMETHING IN YOUR AREA THAT I DON'T KNOW IF MEMORIAL HAS DONE ANYTHING OR SEEN ANY CHANGES, OR IF YOU KNOW, ANECDOTALLY FOR AREAS CHANGED. MHM ANECDOTALLY. YES THERE IS A MARKET, YOU KNOW, DECREASE IN, UH, THE EMERGENCY ROOM TYPE OF THING AND THEN ABUSE OF PRESCRIPTION MEDICATIONS. YEAH. THANK YOU. SO I STUDIES ARE YOU KNOW I ATTEND THE NATIONAL MEETINGS EVERY YEAR AND LOTS LOTS OF DATA QUESTIONS PROVIDED. I'M SORRY. THANK YOU. DO WE HAVE A NOTHING WRONG, DOCTOR? WE WERE TRYING TO JUST TRYING TO KEEP THE NORMAL. FINE, DOCTOR. UM OKAY. ANYTHING ELSE, DOCTOR? NO THIS NO, NO. OKAY THANK YOU. SO UH, ANY FURTHER DISCUSSION? MY CONCERN IS JUST THERE'S SO MANY OF OUR FAMILY MEMBERS AND FRIENDS AND PEOPLE IN THIS COMMUNITY THAT ARE GETTING RAVAGED BY FENTANYL. AND I KNOW YOU'RE NOT DISTRIBUTING FENTANYL. WELL I KNOW, I KNOW THIS IS NOT DIRECTLY TO YOU. SO THIS IS KIND OF ALMOST A GENERAL COMMENT, SO DON'T PLEASE DON'T TAKE THIS PERSONALLY. IT'S NOT. I KNOW YOUR IT'S YOUR BUSINESS AND YOU'RE TRYING TO FEED YOUR FAMILY AND I HAVE A LOT TO SAY ABOUT FASHION. FAIR ENOUGH, BUT I WORRY THAT AND I KNOW YOU'VE BEEN IN PRACTICE. THIS IS NOT A NEW BUSINESS, BUT CLINICS LIKE. YOURS NOT SPECIFICALLY YOURS, ALL RIGHT? BUT THEY CAN BE THE ENTRY POINT. FOR A LOT OF. YOUNG MEN AND WOMEN INTO THAT CYCLE OF ADDICTION. AND WHAT I'M CURIOUS ABOUT FROM YOU, AND I'M SURE THERE'S AN ANSWER. I'M CURIOUS.

IT'S PROBING MORE THAN TRYING TO ACCUSE YOU IS WHAT STRUCTURES THAT YOU HAVE IN PLACE. WHAT SAFEGUARDS DO YOU HAVE IN PLACE WITHIN HOW YOU PRACTICE TO GUARANTEE THAT THERE'S NOT THAT FALL OFF AFTER YEAH, THE THESE PEOPLE AREN'T CUT OFF OF THEIR PRESCRIPTION THAT YOU GIVE THEM AND NOW THEY'RE LEFT SEARCHING FOR HEROIN OR FENTANYL OR SOME SOLUTION TO THE ADDICTION THAT'S NOT BEEN FED. IT STARTED OUT GENERALLY AS TRYING TO JUST, YOU KNOW, STOP PAYING. I'M CURIOUS.

SURE. YOU KNOW, WE WOULDN'T TAKE ANYONE EVER UNDER THE AGE OF 25. IT. FIRST FIRSTLY, YOU KNOW, SPEAKING TO YOUNG PEOPLE, UM AND YOU KNOW MY PATIENTS, UM YOU KNOW? ARE FOLKS IN THERE, MAYBED SEVENTIES. MAYBE HAVE HAD SEVERAL BACK OPERATIONS, MAYBE HAVE. A FRACTURE BACK THERE THAT CAN'T BE FIXED ANYMORE BECAUSE THERE'S SO MUCH SCARRING AND SO MUCH HARDWARE. UM SO WHEN I SAID THAT WE GET ALL THE MEDICAL RECORDS AND ALL THE HISTORY AND THE DATA AND YOU KNOW, WE I

[02:55:04]

REVIEW THOSE THINGS AND A LOT OF TIMES SPEAK TO THE PEOPLE ON THE PHONE EXHAUSTIVELY BEFORE WE EVEN ACCEPT SOMEBODY INTO THE PRACTICE. UM AS FAR AS FENTANYL GOES. FENTANYL PATCH. I MEAN, THIS IS GOING TO BE AN UNPOPULAR POSSIBLY THING TO SAY, BUT IN A 70 85 YEAR OLD LADY WITH A VERTEBRAL COMPRESSION FRACTURE OF HER SPINE. 12.5 MICROGRAM PER HOUR FENTANYL PATCH THAT YOU CHANGE EVERY THREE DAYS. IT'S TRANSDERMAL. MEDICATION. DOESN'T HAVE TO SWALLOW ANYTHING DOESN'T HAVE TO DO ANYTHING. IT'S AN EVEN AH! DISTRIBUTION OF MEDICATION OVER THREE DAYS IS A WONDERFUL TOOL. THE PROBLEM. THEIR PROBLEMS ARE HUGE. BUT WHEN YOU HEAR ABOUT FENTANYL NOW. THESE ARE THE LACED STREET MEDICATIONS. SO. I TAKE EXCEPTION TO A VERY, VERY GOOD AND SAFE. HMM MEDICATION THAT'S BEING IT'S CONFLATED. TO BE. PUT INTO WHAT I DO, WHICH IS NOTHING LIKE WHAT'S GOING ON, WHICH IS TRAGIC. IT'S NOTHING TO DO WITH THE WAY THAT I OPERATE MY PRACTICE. DOES THAT HELP TO EXPLAIN TO THE OTHER PART OF MY QUESTION. DO YOU HAVE INTERNAL UM, STRUCTURE WITHIN YOUR PRACTICE TO SAFEGUARD FROM. PEOPLE FALLING OFF AND THEN ENTERING INTO THAT CYCLE, WHERE THEY'RE LOOKING FOR ILLICIT FENTANYL IS, IS THERE WITHIN AND I'M UNFAMILIAR WITH PAIN MANAGEMENT AS A PRACTICE. THAT'S SOME SORT OF ASKING. HOW DID YOU PROTECT FROM OUR PEOPLE ENTERING INTO YOUR PRACTICE AND NOT FALLING OFF? AND NOW THEY'RE LOOKING FOR? WELL, THAT'S YEAH. UM. THAT'S KIND OF IMPOSSIBLE. YOU KNOW IF. I MEAN, WE CERTAINLY IF A PERSON HAS TO BE, YOU KNOW. JUST CHARGED FOR SOME REASON. WE CERTAINLY PROVIDE THEM WITH A LIST OF NAMES OF OTHER PAIN MANAGEMENT PROVIDERS IN THE AREA. MORE DILIGENT ABOUT PROVIDING THEM THEIR RECORDS TO MAKE SURE THAT THEY CAN, YOU KNOW, GO SOMEWHERE ELSE. BUT WHEN. SITUATION HAS BECOME SUCH THAT I'M NO LONGER IN CHARGE. IT'S YOU KNOW, I DON'T THINK I CAN. I DON'T THINK I CAN DO THAT MEDICATION. GOLD YOU'RE PUTTING HER OWN TRIAL WELL, JUST WANTING APPROVAL FOR HER BUILDING. SO YOU SAID TWO DIFFERENT THINGS THERE. ARE YOU ASKING IF A PERSON IS A WHAT'S THE QUESTION? MY QUESTION WAS JUST INTERNAL SAFEGUARDS WITHIN YOUR PRACTICE TO PROTECT RESIDENTS GETTING AN INITIAL PRESCRIPTION AND THEN BEING CUT OFF TO WHERE NOW THEY'RE LOOKING FOR HEROIN OR FENTANYL OR SOME OTHER STUFF. WE DON'T WE DON'T DO ANYTHING LIKE THAT. IT'S JUST NOT LIKE THAT. I SPEND LIKE AN HOUR AND A HALF. YOU KNOW THE FIRST TIME WITH SOMEBODY REALLY GET TO KNOW THEM. YOU KNOW, AND IF THERE IF THEY JOINED THE PRACTICE, THEN YOU KNOW THEY KIND OF DO. I DON'T HAVE THAT DOESN'T REALLY COME UP. THANK YOU. YOU'RE WELCOME. OKAY THERE ANY OTHER? THERE'S NO OTHER QUESTIONS. I WANTED TO MOVE. RESOLUTION NUMBER 73 MOTION IN A SECOND. WHETHER THAT ALREADY YEP. SLIPPED BRUNER MOTION AND YOU SECOND AND SO IS THEIR PUBLIC COMMENTS. THAT'S WHAT I WAS GONNA ASK FOR PUBLIC COMMENT NEXT, SO CAN WE HAVE PUBLIC COMMENT NEXT? ANY IF I DON'T HAVE ANY GREEN CARDS. YOU GO HERE. OH, GOLDIE 14TH TERRORISTS . MY COMMENT IS I JUST WANTED TO MENTION THAT PAIN MANAGEMENT.

THAT OFFICE HAS BEEN THERE FOR QUITE SOME TIME. I'M FAMILIAR WITH IT. I CALLED ON IT. THEY WERE A CLIENT OF MINE AT ONE TIME MANY YEARS AGO, AND ONE OF THE THINGS THAT WE NEED TO CONSIDER IS THAT THE STATE HAS A COMPLIANCE BOARD THAT HAS TO GO IN AND REVIEW HER RECORDS FOR LICENSING AND THAT'S DONE ON A REGULAR BASIS. SO I THINK THAT, UM, YOU KNOW, YEAH. THAT ALL OF YOUR ISSUES ARE LOOKED AT BY THE LICENSING SPECIALISTS ECHOES IN TO MAKE SURE THAT SHE IS IN

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COMPLIANCE. THEY REVIEW ALL OF THE RECORDS OF PATIENTS. IT'S A, UM PROCESS WHERE THE RECORDS ARE PULLED. THE DOCTOR IS NOT GIVEN THE NAMES OF THE PATIENTS THAT ARE PULLED THE SPECIALIST, THE LICENSING SPECIALIST GOES AND PULLS RECORDS AT RANDOM. AND REVIEWS THOSE RECORDS SO THERE IS WITH THE STATE OF FLORIDA AND THE LICENSING. THERE IS A PLACE TO GO AND TO CHECK HER RECORDS TO SEE IF SHE HAS BEEN IN COMPLIANCE OR HAS ANY VIOLATIONS OR ANYTHING WHICH I'VE SEEN VERY DOUBTFUL, BECAUSE, AS I SAID, SHE'S BEEN THERE FOR QUITE SOME TIME, AND I DON'T KNOW THAT SHE'S HAD ANY LICENSING ISSUES. BUT I THINK WE NEED TO TRUST THAT THE STATE HAS THE SYSTEM TO GO IN AND CHECK ON THESE ON OPPOSITIONS, ACTUALLY. OKAY, THANK YOU ANY OTHER PUBLIC COMMENT? AND WHEN YOU'RE DONE IF YOU THOUGHT A GREEN CARD. WELL, MY NAME IS SEAN READ MY QUESTIONS WERE FOR THE BACKGROUND CHECK IF THAT WAS THE APPLICANT DOING IT OR IF THAT WAS A STATE REQUIREMENT AND THEN FOR CITY STAFF IF THEY COULD ELABORATE ON THE SHARED PARKING SPACES THAT THEY'RE GRANTING THEM. AND HOW IT MEETS THE CODE. SO THESE ARE PUBLIC COMMENTS AND ITSELF MOVING PUBLIC PRESENTS A QUESTION. IT WOULD BE INCUMBENT UPON THE COMMISSION TO RE ASK IT TO WHOMEVER WE DON'T ANSWER QUESTIONS NORMALLY FROM PUBLIC WHAT? JUST CURIOUS ON THE BACKGROUND CHECK. IS THAT SOMETHING THE APPLICANT REQUIRES . OR IS IT A STATE REQUIREMENT? I DON'T I DON'T THINK WE DID. I THINK THAT'D BE A YOU MIGHT WANT TO JUST ASK HER, UH, FROM THE PARKING COULD BY REQUIRING. IT'S GOING ABOVE AND BEYOND THEM, WHICH WAS AWESOME. YEAH AND THAT SENSE COULD YOU HAVE A SHARED PARKING AGREEMENT, AND THEY MORE THAN MAKE THE REQUIREMENT FOR PARKING OKAY WITH ANOTHER SPACES AND WHO MADE A LOT LESS SO THEY MEET THE PARKING STANDARD. OKAY THE OTHER THING THAT SHE HAD, AND IT IS PART OF A CONDITION OF APPROVAL IS SHE'S STRICTLY ENFORCES HER APPOINTMENT TIMES TO AVOID ANYBODY WAITING IN THEIR CAR OR A SEA OF PARKING PEOPLE WAITING FOR APPOINTMENT. SHE SHE SHE WAS AN ESTABLISHED PRACTICE. THAT IS HER ESTABLISHED WAY OF MANAGING THAT. AS WELL AS ANYONE WAITING IN THE LOBBY. THERE'S JUST NONE OF THAT PEOPLE REMEMBER FROM THE NINETIES TO CLARIFY SHE HAS A SHARED PARKING AGREEMENT WITH ANOTHER BUSINESS. ANOTHER SO SHE MEETS IN THAT AREA. YEAH OKAY, ALSO A CONDITION AND RELEASE THAT SHE HAS TO MEET ALL STATE REQUIREMENTS. IS THAT THE WAY HE MENTIONED AND SHE DID PROVIDE ALL OF HER LICENSES TO STAFF? TO MAKE SURE SHE HAS THE PROPER LICENSES SO THAT THE REVIEW IS BASED ON THAT SHE HAS EVERYTHING THAT SHE HAS TO HAVE. AND SHE DOES. SHE NEEDS THAT. BUT LIKE I SAID, WE REINFORCED IT WITH SOME OF THE CONDITIONS OF APPROVAL JUST TO YOU KNOW, SOLIDIFY THAT . BUT IT IS IN THE CODE. HELP, SEAN. THANKS, GUYS. OKAY, ANY OTHER PUBLIC OF IT? HEARING NONE. MARY, WOULD YOU GO AHEAD AND CALL THE ROLL? MAYOR MCDONALD. YES, COMMISSIONER BRUNER. YES, COLLINS. COMMISSIONER RICH YES, COMMISSIONER CLARK? YES. OKAY

[18. DOGSWORLD URBAN CODE CONDITIONAL USE (QUASI-JUDICIAL)(RC): RESOLUTION No. 73-2022; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, CONSIDERING A MAJOR URBAN CODE CONDITIONAL USE APPROVAL TO JUSTIN PHILLIPS, (CONTRACT PURCHASER) FOR THE PROPERTY LOCATED AT 400 SW 7TH STREET, CONSISTING OF APPROXIMATELY 1.62 ACRES; TO ALLOW THE USE OF KENNELS FOR DOGSWORLD; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR A TIMETABLE OF DEVELOPMENT; PROVIDING FOR CONDITIONS OF APPROVAL; AND FOR OTHER PURPOSES.]

MOTION CARRIES 4 TO 1 WITH COMMISSIONER COLLEGE. DISSENTING. THANK YOU. OKAY SO THE NEXT ITEM IS THE DOG WORLD URBAN CODE CONDITIONAL USE, WHICH IS QUITE TRADITIONAL, BUT WE'RE GOING TO ASK FOR A CONTINUOUS SO IT CAN HAVE A MOTION FOR CONTINUANCE CONTINUE UNTIL 18 26TH SIX. YOU HAVE DOGS , WORLD ITEM NUMBER 18 DOG DOGS WORLD URBAN QUOTE. CONDITIONAL USE OUR JUDICIAL MATTER, WHICH IS PUBLISHED TODAY AS RESOLUTION NUMBER. 73 DUST 2022 TO BE CONTINUED UNTIL SEPTEMBER. 26. WE HAVE A SECOND EXACTLY OKAY. SECOND BY COMMISSIONER CAROLYN'S , UM DO WE HAVE IT ALL IN FAVOR? I OPPOSED MOTION CARRIES. THANK YOU, NICK. THE LAST ITEM OF THE

[19. REPEAL & REESTABLISH CHAPTER 36, ARTICLE V, CODE OF ORDINANCES (RC): ORDINANCE No. 2488-2022; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, REPEALING AND REESTABLISHING CHAPTER 36, ARTICLE V, COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS OF WAY, OF THE CITY OF STUART CODE OF ORDINANCES; PROVIDING INTENT AND PURPOSE, APPLICABILITY AND AUTHORITY TO IMPLEMENT; PROVIDING DEFINITIONS; PROVIDING FOR NOTICE OF TRANSFER, SALE, OR ASSIGNMENT OF ASSETS; PROVIDING FOR REGISTRATION FOR PLACING OR MAINTAINING COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY; PROVIDING THE REQUIREMENT OF A PERMIT; PROVIDING FOR APPLICATION REQUIREMENTS AND REVIEW PROCEDURES; PROVIDING FOR CONSTRUCTION METHODS FOR PLACING OR MAINTAINING FACILITIES IN PUBLIC RIGHTS-OF-WAY; PROVIDING DEVELOPMENT AND OBJECTIVE DESIGN STANDARDS; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING FOR FEES AND TAXES; PROVIDING FOR A RESERVATION OF RIGHTS AND REMEDIES; PROVIDING ENFORCEMENT AUTHORITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITIES; PROVIDING FOR AN EFFECTIVE DATE.]

NIGHT. MY FAVORITE ONE THAT'S BEEN BACK, I THINK, 12 TIMES, REPEAL AND RE STAB LIST SUCH CHAPTER SIX OF THE ARTICLE FIVE CODE OF ORDINANCES. MIKE, COULD YOU YES, AND I JUST WANT TO LET YOU GUYS KNOW THERE IS AN ATTORNEY PRESENT THAT IS KIND OF REPRESENTING A CONGLOMERATE OF PEOPLE INVOLVED OUT. LET HER TELL YOU, EVERYBODY SHE REPRESENTS. WHEN SHE DOESN'T. I TOLD HER THAT BECAUSE OF THE CIRCUMSTANCES THAT I WOULD ASK YOU GUYS TO GIVE HER MORE THAN THREE MINUTES, OBVIOUSLY FOR REBUTTAL IF IT BECAME NECESSARY. IN ANY EVENT, THIS IS ORDINANCE NUMBER, SHAKING THEIR HEAD, MIKE. WHO IS SPEAKING LOTS OF PEOPLE SHAKE THEIR HEAD WHEN I TALKED AND DISCUSSED, I USUALLY DO. UM ORDINANCE NUMBER 24 88 YES, 2022 IN ORDER TO THE CITY

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