Apr 14, 2025 Regular City Commission Meeting

[ROLL CALL]

[00:00:09]

GOOD EVENING. I'M CALLING TO ORDER THIS REGULAR MEETING OF THE STUART CITY COMMISSION. THE 14TH OF APRIL, 2025. THANK YOU ALL FOR COMING. THE CITY OF STUART'S VERY LUCKY THAT SO MANY PEOPLE CARE SO MUCH ABOUT WHAT HAPPENS. SO. ROLL CALL PLEASE, MADAM CLERK. MAYOR RICH HERE, VICE MAYOR COLLINS HERE. COMMISSIONER CLARK HERE. COMMISSIONER GIOVI HERE. AND COMMISSIONER READ HERE. TONIGHT'S INVOCATION WILL BE PROVIDED BY PASTOR JIM BROSIUS OF THE STUART ALLIANCE CHURCH. AND PASTOR BROSIUS, WILL YOU THEN LEAD US IN THE PLEDGE OF ALLEGIANCE? HAS HE BEEN ABLE TO MAKE HIS WAY OKAY? SURE. PLEASE STAND. GOOD EVENING. LET'S LET'S BOW IN PRAYER. FATHER, AGAIN, THANK YOU AGAIN FOR YOUR GRACE AND MERCY THAT YOU GIVE TO EACH OF US. AGAIN, AS WE SAID ALREADY, THANK YOU FOR EACH ONE OF THESE THAT ARE HERE BECAUSE WE CARE AND FOR WHAT HAPPENS HERE. LORD, WE KNOW YOU CARE TOO. AND WE'RE ASKING WITH THANKS WITH THANKSGIVING WITH FOR THESE MEN AND WOMEN AND THEIR SERVICE TO OUR OUR CITY HERE AND ALL THOSE THAT ASSIST THEM. LORD, GIVE THEM WISDOM AND ENCOURAGEMENT. GIVE THEM DIRECTION. JUST MOMENT BY MOMENT, LORD, MAY THEY WORK TOGETHER TO BRING GREAT GOOD TO OUR AREA AGAIN. JUST PRAY FOR YOUR ENCOURAGEMENT AND YOUR BLESSING UPON THEM AND UPON THEIR FAMILIES AND UPON OUR CITIES. WE PRAY THIS IN JESUS NAME. EVERYBODY SAYS AMEN, AMEN, AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

PERHAPS WE SHOULD HAVE HAD LET THE CHILDREN LEAD US. SO OUR ARTS MOMENT THIS EVENING WILL BE PROVIDED BY THE CHILDREN OF THE GERTRUDE WALDEN CHILD CARE CENTER, SINGING A SONG FOR US.

THIS.

IT IS OUR PLEASURE TO THREE FOUR YEAR OLDS OUR MOMENT OF THE MONTH OF APRIL FROM THE VPK CLASSES AT GERTRUDE WALDEN CHILD CARE CENTER. MOST OF YOU KNOW THE TRADITIONAL ABCS, BUT TODAY WE HAVE A NEW VERSION FOR YOU TO ENJOY. BOYS AND GIRLS, ARE YOU READY? YES. ONE. TWO. THREE.

SING! ME SEE. OF THE REAGAN BEACH. THE. REASON I LOVE BE EXCELLENT. AND GEE, I GIVE THIS.

THIS KID HAS MAGIC AND ALL OF THIS, YOU SEE MY HEAD I. AM SO GOOD I AM INCREDIBLE. DID A GOOD JOB. AND I CAN BE A CAPTAIN. OH, YES. ALL OF THE WORLD. AND. NO RESISTANCE. AND I KNOW ALL YOU LOVE ME. I LOVE YOU FROM THE ARE RESPECTFUL. YES, I AM KING. AND I TELL YOU LEAVE. WE LOVE YOU.

I'M THE WAY AND THE X, Y AND YOU BLOW ME UNTIL COMPANY. WHAT I LOVE, I KNOW WHAT YOU SEE I KNOW MY A-B-CS. WHAT I LOVE IS I KNOW MY. ABC, I KNOW MY ABC. COME ON. SAFER AND SAFER. YAY! YEAH, THAT WAS GOOD.

[00:05:14]

YES. HER DAUGHTER WAS IN MY CLASS. AND I JUST ASK THAT THE STORY. KEEP UP AND DON'T FORGET, IN STUART MUSIC, MUSIC IS GOOD. SINGING AND SINGING AND MUSIC. WE JUST WANT TO BE A PART OF THAT 45%. THAT'S NOT READ FOR THAT THIRD GRADE. BUT WE ARE WORKING DILIGENTLY NOW. SO THEY ENTER KINDERGARTEN. THEY'RE BECAUSE. YOU KNOW, ONCE YOU START BEHIND YOU CAN SHOW ME. SO WE WORK HARD EVERY DAY AND EVERYTHING. WE PRAISE GOD. AMEN. AMEN IN THE PICTURE. COME ON IN THE PICTURE, LADIES. WHY DON'T YOU TWO LADIES GET ON THE OTHER SIDE? SHE'S GOOD. NO, NO, NOT. MISS EULA DOESN'T HAVE TO BE IN THE PICTURE. I'M GOOD. ALL RIGHT. THANK YOU DARLING.

THANK YOU CHILDREN. WELL, THAT WAS EXCITING. WOW. MR. BHAGAT, MR. BHAGAT, WILL YOU

[PROCLAMATIONS]

THANK YOU, THANK YOU. SPEECH. I WANTED TO SPEAK. PLEASE SAY SOMETHING. BRIAN. OKAY. YOU DON'T HAVE TO ASK ME TWICE, BUT YOU DO IT. THANK YOU EVERYBODY. AND THANK YOU EVERYBODY FOR BEING HERE. IT IS REALLY IMPORTANT THAT WE DO RECOGNIZE OUR TELECOMMUNICATORS. THEY

[00:10:03]

SINCE OUR INCEPTION, WE HAVE PROVIDED COUNSELING AND OTHER SERVICES TO HUNDREDS OF SURVIVORS, HELPING THEM EMBARK ON THEIR JOURNEY TO RECLAIM THEIR POWER. AS A FORMER LAW ENFORCEMENT OFFICER, I HAVE WITNESSED FIRSTHAND THE DEVASTATING EFFECTS EXPERIENCED BY SURVIVORS, AND I AM PRIVILEGED TO BE PART OF SUCH A TRANSFORMATIVE ORGANIZATION. THE RECOGNITION OF THE INNER TRUTH PROJECT'S EFFORTS THROUGH THIS PROCLAMATION BRINGS MUCH NEEDED AWARENESS TO AN OFTEN UNSPOKEN AND UNDERREPORTED ISSUE. SO, MAYOR RICH, VICE MAYOR COLLINS, COMMISSIONERS, THANK YOU, THANK YOU.

THANKS. FOR THE NEXT PROCLAMATION, PLEASE. CHILD ABUSE PREVENTION MONTH, APRIL 2025. WHEREAS 3.1 MILLION REPORTS WERE MADE TO CHILD PROTECTIVE SERVICES, CHILD ABUSE AND NEGLECT IS A SERIOUS PROBLEM AFFECTING EVERY SEGMENT OF OUR COMMUNITY. OUR CHILDREN ARE OUR MOST VALUABLE RESOURCES AND WILL SHAPE THE FUTURE. AND WHEREAS CHILD ABUSE CAN HAVE LONG TERM PSYCHOLOGICAL, EMOTIONAL AND PHYSICAL EFFECTS THAT HAVE LASTING CONSEQUENCES FOR VICTIMS OF ABUSE, EFFECTIVE CHILD ABUSE PREVENTION ACTIVITIES SUCCEED BECAUSE OF THE PARTNERSHIPS CREATED BETWEEN VARIOUS ORGANIZATIONS AND FAMILIES. AND WHEREAS, COMMUNITIES MUST MAKE EVERY EFFORT TO PROMOTE PROGRAMS AND ACTIVITIES THAT CREATE STRONG AND THRIVING CHILDREN AND FAMILIES, HEALTHY FAMILIES, AND ABUSIVE AND ABUSE PREVENTION PROGRAM OF HELPING PEOPLE SUCCEED. SERVING APPROXIMATELY 400 FAMILIES IN MARTIN COUNTY IS AN EVIDENCE BASED, VOLUNTARY FAMILY SUPPORT AND COACHING PROGRAM PROVEN TO HELP PARENTS PROVIDE THE SAFE AND STABLE ENVIRONMENTS CHILDREN NEED FOR HEALTHY GROWTH AND DEVELOPMENT. AND WHEREAS HELPING PEOPLE SUCCEED HAS BEEN PROVIDING SERVICES TO THE COMMUNITY FOR OVER SIX DECADES, WE ACKNOWLEDGE THAT WE MUST WORK TOGETHER AS A COMMUNITY TO INCREASE AWARENESS ABOUT CHILD ABUSE. NOW, THEREFORE, I, CAMPBELL RICH, MAYOR OF THE CITY OF STUART, DO HEREBY PROCLAIM APRIL 2025, IN THE CITY OF STUART, FLORIDA, AS CHILD ABUSE PREVENTION MONTH. AND ACCEPTING THIS PROCLAMATION IN RECOGNITION OF THIS MONTH IS, I BELIEVE KARA STIMPSON IS KARA. HOW DO YOU SAY YOUR NAME? WHAT? CAROLYN. OH, OKAY. CEO PRESIDENT OF HELPING PEOPLE SUCCEED. WOULD YOU LIKE TO MAKE A FEW REMARKS?

[00:15:11]

THANKS. I, MR. BAGGETT, TONIGHT'S LAST PROCLAMATION. PLEASE STAMP OUT HUNGER DAY, MAY 10TH, 2025. WHEREAS EVERY YEAR ON THE SECOND SATURDAY IN MAY, LETTER CARRIERS ACROSS THE COUNTRY COLLECT NONPERISHABLE FOOD AS PART OF THE NATION'S LARGEST ONE DAY FOOD DRIVE DISTRIBUTE, DISTRIBUTING THE DONATIONS TO LOCAL FOOD BANKS. AND WHEREAS THE LETTER CARRIERS STAMP OUT FOOD HUNGER DRIVE IS JUST ONE EXAMPLE OF HOW LETTER CARRIERS WORK TO MAKE A DIFFERENCE IN THE LIVES OF THOSE THEY SERVE. SINCE THE PILOT DRIVE WAS HELD IN 1991, MORE THAN 1 BILLION POUNDS OF FOOD HAVE BEEN COLLECTED. AND WHEREAS FOOD COLLECTED DURING THE STAMP OUT HUNGER FOOD DRIVE PROVIDES A CRITICAL SUPPLY FOR HOUSE OF HOPE AND PARTNERING LOCAL AGENCIES WHO STRIVE TO EMPOWER MARTIN COUNTY RESIDENTS TO OVERCOME HUNGER AND HARDSHIP, COLLECTED FOOD ITEMS SUPPLY THE FOUR CLIENT CHOICE PANTRY SERVICES IN MARTIN COUNTY AND EXPANDING NUTRITION INITIATIVES DESIGNED TO COMBAT THE RISING LEVELS OF OBESITY RELATED ILLNESSES IN LOWER INCOME HOUSEHOLDS. AND WHEREAS, WE WOULD LIKE TO RECOGNIZE ALL LETTER CARRIERS FOR THEIR HARD WORK AND THEIR COMMITMENT TO THEIR COMMUNITIES, ALL FOOD COLLECTED IN OUR COMMUNITY STAYS IN OUR COMMUNITY, AND WE SUPPORT LETTER CARRIERS EFFORTS TO HELP THOSE IN NEED OF IN OUR COMMUNITY. NOW, THEREFORE, I, CAMPBELL RICH, MAYOR OF THE CITY OF STUART, FLORIDA, DO HEREBY PROCLAIM MAY 10TH, 2025, IN THE CITY OF STUART, FLORIDA, AS STAMP OUT HUNGER DAY. AND IN RECOGNITION OF STAMP OUT HUNGER DAY. I CANNOT THINK OF A MORE APPROPRIATE INDIVIDUAL THAN ROBIN AREA, CEO, CEO OF HOUSE OF HOPE AND IS DEIRDRE HERE? NO.

OKAY. IT'S JUST ROB YOU'RE SUFFICIENT. HE JUST DOES. THOSE OF YOU WHO ARE NOT FAMILIAR WITH IT, HE JUST DOES AN AMAZING JOB THERE. AND ROB, THANK YOU SO MUCH. THANK YOU, MR. MAYOR.

THANK YOU COMMISSIONERS. SO THE PROCLAMATION REALLY GAVE YOU A LOT OF THE DETAILS. THE NATIONAL ASSOCIATION OF LETTER CARRIERS HAVE BEEN AT THIS FOR 33 YEARS NOW. WHERE ARE THE GRATEFUL AND

[00:20:04]

AND THOSE NUMBERS ARE GOING UP AS CHALLENGES CONTINUE TO EMERGE ACROSS THE COMMUNITY. FOOD KEEPS PEOPLE HEALTHY, KEEPS PEOPLE SAFE. THE DOLLARS THAT THEY DON'T HAVE TO SPEND IN A GROCERY STORE, THEY CAN KEEP IN THEIR HOUSEHOLD BUDGETS, FILL PRESCRIPTIONS, HAVE RELIABLE TRANSPORTATION, ALL KINDS OF THINGS. THAT HAS A GREAT RIPPLE EFFECT. SO THAT DAY HAS A DRASTIC IMPACT ON POVERTY AND CERTAINLY ON THE SUCCESS OF THE HOUSEHOLDS THAT WE'RE SERVING.

WE APPRECIATE THE ACKNOWLEDGMENT. HOPEFULLY THE COMMUNITY WILL COME OUT BIG FOR US IN THAT DAY. WE CERTAINLY COULD USE THE ASSISTANCE AND THE SUPPORT. LOTS OF WORK TO BE DONE. AND THANK YOU TO THE CITY FOR RECOGNIZING IT. ROB. ROB, DOESN'T YOUR FOOD BANK SUPPLY ONE OF THE LARGEST PERCENTAGES OF FRESH PRODUCE OF FOOD BANKS ACROSS THE STATE OF FLORIDA? YEAH, SO WE'RE OVER 40% FRESH, WHICH IS A HUGE NUMBER. AND THAT'S A BIG PART OF WHAT WE TRY TO DO IS FRESH AND HEALTHY TO REALLY IMPACT THE HEALTH OF THE HOUSEHOLDS. BUT THE NON-PERISHABLES CAN'T BE OVERLOOKED, ESPECIALLY AS WE HIT THE SUMMER MONTHS WHERE HURRICANES LOOM AND, YOU KNOW, KIDS ARE OUT OF SCHOOL SO THEY MISS THE FREE AND REDUCED LUNCHES, YOU KNOW, SEASONAL UNEMPLOYMENT, ALL KINDS OF THINGS. SO SUMMER WE SPIKE. AND THIS IS AN IMPORTANT DAY. THANK YOU ROB.

[PRESENTATIONS (Part 1 of 3)]

YOU'RE MR. VICE MAYOR. COULD WE JUST. IF WE COULD HAVE A COMMENT BY THE CITY COMMISSIONER, CITY MANAGER AND THEN DO THE D AND D? SO YOU WANT TO SAY, MR. HOGARTH TILL THE END, IS THAT WHAT YOU'RE SAYING? OKAY, SO IF YOU WANTED TO MOVE UP THE D AND D, THEN TO DO THE APPROVAL OF THE AGENDA AND THE FIRST WILL MAKE THE FIRST THING ON THE AGENDA, THE D AND D. FAIR ENOUGH. OKAY.

SO WE WILL, MR. HOGARTH, IF YOU DON'T MIND WAITING. THANK YOU. THANK YOU, COMMISSIONER, TO

[COMMENTS BY CITY COMMISSIONERS]

[00:25:06]

COSTCO IS COMING READY TO DO THIS PARTICULAR DEVELOPMENT HAS CAUSED A LOT OF CONTROVERSY IN OUR CITY, AND I DON'T KNOW WHAT IT'S CALLED HERE. AND I APOLOGIZE FOR NOT KNOWING THE CORRECT TERMINOLOGY, BUT NORMALLY BEFORE A ENTITY LIKE THIS IS ALLOWED TO EVEN OPEN, THERE'S LIKE A C OF O THAT IS APPROVED OR WHATEVER. SO I'D LIKE TO KNOW THAT WE WILL HAVE ALL OUR T'S CROSSED AND OUR I'S DOTTED, SO THAT IT DOESN'T COME BACK TO AN EMBARRASSMENT TO THIS COMMISSION AND THE CITY, THAT SOMETHING WAS MISSED AND IT WAS APPROVED TO OPEN, AND IT MIGHT HAVE HAD TO MAKE SOME CORRECTIONS BEFORE DOING SO. I ARE YOU ASKING THAT OR JUST STAYING AS A I MEAN, YES, THEY WOULD HAVE TO HAVE A CERTIFICATE OF OCCUPANCY BEFORE OPENING. I KNOW THAT IT'S BEEN INSPECTED AND THE INSPECTIONS HAVE GONE FORWARD AND BUILT A CODE IF THAT'S THE ISSUE. I KNOW THERE'S BEEN SOME RECENT ISSUES RELATED TO THE LOCATION OF A TREE THAT WAS IN THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND THAT WAS CORRECTED, I UNDERSTAND. YES, RIGHT OF WAY, BUT AS FAR AS I'M AWARE RIGHT NOW, EVERYTHING IS IN IN ORDER AND WILL BE BEFORE THEY OPEN. I BELIEVE THE OPENING IS SCHEDULED FOR APRIL 24TH OR 25TH. YEAH, 24TH. THIS WAS IN RELATION TO A LIGHT THAT WAS SUPPOSED TO BE APPROVED. WAS A TRAFFIC LIGHT, A TRAFFIC LIGHT.

THE TRAFFIC WAS NOT IN THE ORIGINAL PLANS, WHICH IS WHY I'M ASKING. THAT WAS ON SOCIAL MEDIA. IT SAYS IT WASN'T IN THE ORIGINAL PLANS, BUT COMMISSIONER, IT WAS IN THERE.

OKAY. IT WAS IN THERE. SO WHY CAN'T TALK TO THE OTHER COMMISSIONER? SO. BUT IT WAS EXCEPT TO ASK YOU THE ONLY WAY THAT THAT THE ONLY THE WHAT HAPPENED WAS FOR CLARIFICATION.

COSTCO ORIGINALLY APPROACHED THE OWNER OF THAT PROPERTY AND NEEDED TO LOCATE SOME EQUIPMENT

[00:30:04]

AS I STATED, THERE WAS JUST SO MUCH CONTROVERSY WITH THAT PROJECT. I'D LIKE IT TO BE WHEN IT'S APPROVED THAT THERE'S NO KICKBACK TO THE CITY OR THE COMMISSIONERS. AND I KNOW THAT THE I KNOW THAT THE. WELL, YEAH, THAT ISN'T A GOOD WORD. I'M SORRY, I MEANT THAT THERE'S NO FOR THE PROJECT, MAYOR. BUT JUST TO BE CLEAR, THE LIGHT IS ON FDOT RIGHT OF WAY AND THAT'S IN THE COUNTY THAT'S NOT IN THE CITY. BUT BUT MORE IMPORTANTLY, THE PROJECT HAS ALREADY BEEN APPROVED. IT HAS BEEN APPEALED AND ADDRESSED. THE ONLY THING LEFT IS FOR IT TO BE BUILT PURSUANT TO THE DOCUMENTS, AND THAT GOES UNDER THE FLORIDA BUILDING CODE AND IS REVIEWED BY THE BUILDING OFFICIAL. TO BE HONEST WITH YOU, HE MAY HAVE ALREADY ISSUED A CERTIFICATE OF OCCUPANCY BECAUSE IT'S MY UNDERSTANDING THAT THEY HAVE EMPLOYEES THERE AND THEY'RE LOADING THINGS INTO THE BUILDING. I'LL CHECK TOMORROW TO VERIFY IT, BUT I HAVE NO REASON TO BELIEVE THAT THEY'D BE ALLOWING EMPLOYEES TO BE IN THERE IF THE CERTIFICATE OF OCCUPANCY HADN'T ALREADY BEEN ISSUED, SO I ASSUME THAT'S ALREADY HAPPENED. THE GRAND OPENING IS AN EVENT THAT THE BUSINESS IS DECIDING ON FOR THE DAY THAT THEY WANT TO DECIDE, BUT I BELIEVE THE CEO WAS ALREADY ISSUED WEEKS AGO WHEN THEY STARTED THE AIR CONDITIONING AND STARTED HAVING EMPLOYEES APPEAR FOR WORK AND LOADING THE SHELVES. OKAY, OF COURSE, HAVING USED KICKBACK IS THE WRONG WORD. WHAT I REALLY MEANT I DIDN'T WANT ANYTHING COMING BACK TO THE CITY SAYING WE DID SOMETHING WRONG. WE APPROVED THINGS GOING FORWARD AND THEY SHOULDN'T HAVE BEEN. SO I JUST WANT US TO ALL BE ON THE SAME PAGE WHEN THIS PROJECT OPENS. THANK YOU. THANK YOU COMMISSIONER. JOB COMMISSIONER. THANK YOU. MAYOR, DO YOU HAVE ANY COMMENTS THIS EVENING? NO, NO. THANK YOU. LOOK, I JUST WANTED TO THANK OUR POLICE DEPARTMENT AND ALL OF OUR STAFF FOR COMMUNITY SERVICES STAFF AND THOSE WHO WORK WITH US ON THIS COMMUNITY PROJECT. THIS WEEKEND WE HAD A WALK IN THE COMMUNITY, A PRAYER WALK, AND IT JUST SHOWS COMMUNITY UNITY AND IT SHOWS SOME OF THE NEEDS IN OUR COMMUNITY. AND IT WAS REALLY A GREAT EVENT FOR OUR COMMUNITY. WITH REGARD TO THE SOUND ORDINANCE OR OR NOISE, I WAS HERE WHEN WE APPROVED THE IDEA FOR OUTDOOR PERFORMANCES OR OR MUSIC AT TERRA ARMADA AND OTHER PLACES. I THINK THEY SET THE TREND. WE'VE HAD LOTS OF STUDIES WITH REGARD TO DECIBELS FOR INDOOR OUTDOOR AMPLIFIERS AND ALL KINDS OF THINGS, BUT STEWART HAS A VERY GOOD CHARACTER FOR THE THINGS THAT WE PRESENT TO PEOPLE AND THOSE WHO COME AND ENJOY CERTAIN THINGS IN OUR COMMUNITY. AND I KNOW TO SOME PEOPLE, SOME WE HAVE A LIMIT AT THE TIME, AND WE ALSO HAVE CERTAIN OTHER THINGS. SO I THINK THAT SOME OF THOSE THINGS ARE POSITIVE. NOT EVERYTHING WILL HELP WILL BE A GOOD THING FOR SOME PEOPLE. BUT AND I APPRECIATE ALL THE LETTERS AND COMMUNICATION THAT I'VE HAD. SOME PEOPLE HAVE HAD A CHANCE TO RESPOND TO, BUT PEOPLE ARE REALLY VERY KEEN IN WHATEVER WAY THEY FEEL ABOUT CERTAIN THINGS, AND THAT'S EXACTLY HOW IT SHOULD BE IN OUR COMMUNITY, AND I'M LOOKING FORWARD TO HEARING FROM YOU WHEN YOU GET A CHANCE TO TALK TO US. AS WE DELIBERATE ON THAT MATTER TODAY. I THINK THAT'S THAT'S ALL I HAVE TO SAY.

I JUST LIKE I SAID, I JUST WANT TO REALLY THANK STAFF. MR. MORTELL AND HIS STAFF, THEY GO ALL OUT TO WORK WITH OUR COMMUNITY TO MAKE SURE THAT THINGS HAPPEN TO GET PEOPLE INVOLVED AND KEEP OUR COMMUNITY SPIRIT. AND I REALLY APPRECIATE THAT. WE DON'T SEE WHAT STAFF DOES IN THE BACKGROUND, BUT THEY'RE THEY'RE HELPING US KEEP TRAFFIC GOING, KEEP OTHER THINGS GOING. SO I APPRECIATE IT. THANK YOU COMMISSIONER. TODAY. THANK YOU, MR. VICE MAYOR, DO YOU HAVE

[00:35:02]

ONE, WITH REGARD TO. DISCHARGES, WE'RE ALL FAMILIAR THAT THOSE HAVE STOPPED. THE RECOVERY OPERATIONS ARE STILL IN EFFECT FOR THE WEST COAST, BUT THEY STOPPED FOR US WITH THE HOPE THAT OVER THE NEXT 3 TO 5 YEARS, THE SUBMERGED AQUATIC VEGETATION CAN GROW WHILE THE LAKE LEVEL INCREASES AND IT HAS BEEN SET UP FOR SUCCESS. BUT BUT HERE'S THE BAD SIDE. HERE'S MY CONCERN, MAJOR BELL. MAJOR COREY BELL, WHO IS OUR DISTRICT COMMANDER FOR THIS AREA, HE'S INTERACTS WITH, YOU KNOW, BEN AND ALL OF US. WE ALL HAVE ACCESS TO MAJOR BELL. HE IS SET TO MATRICULATE OUT WITHIN A YEAR. IN MY CONVERSATIONS WITH HIM, ONE OF THE THINGS THAT WE DISCUSSED WAS HE'S PUT IN FOR AN EXTENSION, WHICH IS UNUSUAL FOR HIS POSITION, BUT HE IS A FLORIDA GUY. YOU KNOW, OFTEN WITH THESE DISTRICT COMMANDERS, YOU CAN GET SOMEBODY FROM MINNESOTA OR WHO KNOWS WHERE THAT HAS NO INTENTION ON RETIRING HERE OR IS NOT VESTED IN THIS AREA. MAJOR BELL IS A DIVER. THIS GUY'S A FLORIDA GUY. HE'S HE CARES ABOUT OUR AREA AND OUR WATER QUALITY.

I WANTED TO ASK IF YOU ALL WOULD BE UP FOR IT, ALONG WITH THE THERE'S A FEW OTHER GROUPS WHO ARE WHO ARE DOING THIS ALREADY. WRITING A LETTER TO IT WOULD BE HIS BRANCH LEADERSHIP.

LIEUTENANT COLONEL HAMMOND, IF WE COULD WRITE A LETTER SUPPORTING HIS REQUEST FOR AN EXTENSION SO THAT THE PEOPLE WHO ARE IN CHARGE OF MAKING THAT DECISION CAN LOOK AT IT? I THINK I THINK FRIENDS OF THE EVERGLADES MIGHT BE DOING THIS AS WELL. THERE'S IT WOULDN'T JUST BE US. BUT I DO BELIEVE HAVING THIS GUY THAT WE HAVE RELATIONSHIPS WITH, HE'S BEEN INCREDIBLY COMMUNICATIVE, DOES PODCASTS. HE WILL TEXT AND CALL ALL OF US. WE ARE IN A VERY UNIQUE RELATIONSHIP WITH THIS GUY WHO MAKES HIMSELF AVAILABLE ON BEHALF OF THE CORPS. AND SO IF IT WOULD BE OKAY WITH YOU, I WOULD LIKE TO REQUEST IF, IF, IF WE COULD WRITE A LETTER OF SUPPORT FROM THE COMMISSION, FROM THE COMMISSION TO LIEUTENANT COLONEL HAMMOND, WHO'S HIS BRANCH LEADERSHIP, AND I CAN GET MORE OF THAT DETAIL TO BEN, INCLUDING HIS EMAIL AND EVERYTHING. IS THAT EVEN POSSIBLE, BEN? CONSIDERING. BUT IT WOULD HAVE TO BE ASAP. HE'S IN THE ARMY. HE'S IN THE CORPS, WHICH IS A FAIRLY RIGID. YEAH, I WELL, FOR WHAT IT'S WORTH, I, I DON'T THINK IT'S IMPROPER. HE'S OBVIOUSLY TYPICALLY FOR ANYONE WHO'S WONDERING IT'S TYPICALLY A THREE YEAR STATION AT THAT POST. HE IS LOCAL. I, I CAN'T SPEAK AS MUCH AS YOU KNOW, AS THE COMMISSION TALKS HIGHLY OF HIM AT A STAFF LEVEL. I CAN'T PRAISE HIM ENOUGH. HIS QUALITY IS VERY WELL KNOWN IN OUR AREA, SO I I'M NOT OPPOSED TO DRAFTING SOMETHING LIKE THAT FOR THE COMMISSION IF THAT'S THE DIRECTION FOR STAFF. AND I DON'T THINK THERE'S ANYTHING IMPROPER FROM A COMMAND LEVEL. YEAH, IT WOULD HAVE TO BE QUICK BECAUSE I THINK THAT THAT'S GOING TO HAPPEN SOON. SO YOU'RE GOING TO BE BUSY, WHICH I BELIEVE YOU CAN TOTALLY MAKE THAT HAPPEN. WE CAN MAKE THAT HAPPEN VERY QUICK THIS WEEK EVEN. MIKE, WOULD YOU NEED HEAD NODS FROM US OR EMOTION? I GET TO THE CONSENSUS. IS THERE ANY OBJECTION FROM THE NO. I WAS GOING TO ASK IF IT WAS EMOTION.

I'M. I'M. I DON'T THINK WE NEED A MOTION I'M SUPPORTING. OKAY. SO YOU HAVE YOU HAVE OKAY.

CONSENSUS. ALL RIGHT. SO MOVING ON. SO THAT WOULD BE ONE THING. THANK YOU VICE PRESIDENT. IN TERMS OF HOUSEKEEPING I ALSO WANTED TO CHECK MIKE WHEN ARE WE GOING TO SEE THE UPDATED POLICY REGARDING BI-RITE PROJECTS OVER I THINK 50,000FT■!S, LIKE THE AO VAULT ONE COMING IN FRONT OF US.

I KNOW THAT WAS SOMETHING YOU WERE GOING TO BRING IN FRONT OF US. I JUST WANTED TO BE. IT'LL BE COMING. WE DON'T HAVE ANY ANTICIPATED PROJECTS OF OVER 50,000FT■!S THAT ARE BY RIGHT

[00:40:02]

AND I, I THINK IT WAS MARK BRECHBILL AND THE REPORTER WALKED OUTSIDE, BUT I HAD NO IDEA WHERE THAT CAME FROM. SO HERE WOULD BE THE SILVER LINING TO THIS IS I DO THINK THAT WE SHOULD DECIDE WHAT WE'RE GOING TO DO WITH THAT WITH THIS PHYSICAL LOCATION, ASSUMING WE ALL MOVE TO WELLS. RIGHT. AND SO WE HAVE SEVERAL DIFFERENT PLANS, BUT I WOULD LIKE TO FORMALIZE WHAT WE'RE GOING TO DO. SO THAT KIND OF SPECULATION ISN'T BREWING. I PERSONALLY WOULD LIKE IT TO BE A PARK AND THEN HAVE THE PARKING CONTINUE VERSUS LIKE A HOTEL OR SOMETHING THAT I THINK IS WAY TOO INTENSIVE. WE NEED TO HAVE A COMMUNITY WORKSHOP. I WOULD LIKE TO HAVE A DAD INITIALLY TO START WHERE WE CAN KIND OF HAVE SOME IDEAS, MAYBE REVIEW THE HISTORY OF WHAT HAS BEEN DISCUSSED AND GET SOME CONSENSUS, AND THEN MAYBE MOVE IN THE NEXT DIRECTION OF A COMMUNITY, YOU KNOW, WORKSHOP. YEAH. BUT I WANT US TO GO AHEAD AND, AND HAVE THAT BE IRONED OUT SO THAT THERE'S NOT ALL THIS, YOU KNOW, WE'LL HAVE THIS MANY PEOPLE. GOOD, GOOD. ONE MORE INPUT. YES. WELL, I THINK IT'S A LITTLE PREMATURE FOR A DAD. I THINK AT LEAST WE NEED TO GET ON THE OTHER SIDE OF THE LEGISLATIVE SESSION, BECAUSE THAT COULD HAVE QUITE DRAMATIC.

WELL, IT'S NOT NOT IT WOULDN'T HAVE AN IMPACT ON OUR DEVELOPMENT OF CITY HALL. RIGHT.

BUT I WOULDN'T BE ABLE TO GET IT BEFORE APRIL 28TH ANYWAY BECAUSE THE AGENDA IS DUE TOMORROW.

YEAH. MAYOR, MAYOR JUNE. BUT THIS THAT'S A HUGE TOPIC THAT WE NEED TO TACKLE. THAT'S WHAT WE ARE HERE TO DO. THAT'S OUR JOB. ALL RIGHT. SO WITH THAT THOSE WERE MY I KNOW AND I HAVE FULL FAITH IN THIS COMMISSION. WE'LL MAKE SOME GOOD DECISIONS. MOVING TO THE NEW CITY HALL MIKE. WELL IT AT EARLIEST. IT DEPENDS. WITHIN THREE YEARS, NO. WELLS FARGO WAS AT THE TIME DISCUSSING LEAVING AT THE END OF THE FIVE YEAR LEASE. THEY RENEWED THAT LEASE. OKAY. AND THEY HAVE ANOTHER FIVE YEAR OPTION ON TOP OF THAT. AND THE CANCER CLINIC ALSO HAS TWO FIVE YEAR OPTIONS.

SO IF ONE OR THE OTHER LEAVES, WE COULD TAKE THAT SPACE ALTERNATIVELY. BUT IF NEITHER OF THEM LEAVE IT COULD BE TEN YEARS 5 TO 10 YEARS. OKAY, SO I'M NOT SAYING IT'S NOT A TOPIC WE SHOULD ADDRESS. I AGREE WITH YOU, MR. VICE MAYOR, BUT THERE'S ABSOLUTELY NO SENSE OF URGENCY HERE. BUT YEAH, AT SOME POINT WE SHOULD. ABSOLUTELY. BUT YOU COULD ALSO GET IT TO ADDRESS THE I MEAN, JUST TO STOP THOSE RUMORS, I HAVE NO IDEA WHERE THAT STORY. YEAH, I HAD THE SAME REACTION YOU DID. DOES THAT CONCLUDE YOUR COMMENTS? THOSE ARE THOSE ARE MY COMMENTS. THANK YOU SIR. THANK YOU. I HAVE NO COMMENTS THIS EVENING. I WAS UP IN TALLAHASSEE QUITE RECENTLY AND I'M STILL SHELL SHOCKED FROM WHAT WAS BEING TALKED ABOUT AND WHAT COULD POSSIBLY OCCUR AND HOW THREATENING THAT IS TO OUR ABILITY TO MAKE DECISIONS REGARDING TO THE LOOK AND FEEL OF OUR CITY. SO I'M STILL TRYING TO DIGEST THAT. AND FOR THOSE OF YOU WHO STAND, WAIT AROUND TO HEAR FROM MR. HOGARTH, YOU'LL I THINK YOU'LL BE EQUALLY CONCERNED WITH WHAT'S GOING ON

[COMMENTS BY CITY MANAGER]

[00:45:02]

[APPROVAL OF AGENDA]

CORRECT. JUST ABOVE THE CONSENT. TAKE IT. SO COMMENTS FROM THE PUBLIC. MR. MAYOR ARE WE EXCHANGING ITEM NUMBER SEVEN FOR ITEM NUMBER. WHAT IS IT 13 I DON'T THINK WE SHOULD MAKE 11.

WAIT TILL THE END. I THINK WE COULD TAKE THEM AFTER ITEM 11. OKAY. OKAY THEN IF THAT'S OKAY WITH THE BOARD. WITH THE COMMISSION? YES. OKAY. YES. OKAY. THANK YOU. DO YOU WANT TO MOVE IT BEFORE COMMENTS FROM THE PUBLIC, OR DO YOU WANT TO HAVE COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS? FIRST? I THINK WE SHOULD DO THAT. COMMENTS FIRST FROM THE PUBLIC ON AGENDA AGENDA ITEMS. YES, BECAUSE THERE'S NO COMMENTS IN THE D AND D. SO THAT WOULD BE YEAH OKAY.

SO THE AGENDA WILL NOW BE COMMENTS FROM THE PUBLIC ON NON AGENDA RELATED ITEMS. ITEM 11.

ITEM SEVEN CONSENT CALENDAR AND THEN COMMISSION ACTION. CORRECT. MR. VICE MAYOR CORRECT. YES. IS THERE A SECOND FOR THAT. I WILL SECOND THAT MOTION. ALL IN FAVOR. AYE. OKAY. SO. ARE THERE ANY COMMENTS FROM THE PUBLIC ON NON AGENDA RELATED ITEMS. AND FOR CLARIFICATION THIS WOULD BE IN ITEM 11. THE WAY THAT IT'S FORMATTED THERE WOULD NOT BE PUBLIC COMMENT IN A, D AND D BECAUSE WE DON'T HAVE A MOTION. SO IF YOU WANTED TO MAKE A COMMENT ABOUT THE SOUND ORDINANCE, THAT WOULD BE THE TIME. WELL, WELL, STRICTLY SPEAKING, I WAS GOING TO SUGGEST THAT RATHER THAN CALL RATHER THAN HAVE RATHER THAN HAVE EVERYBODY PROVIDE PUBLIC COMMENT, IT MIGHT BE WORTH HEARING THE PRESENTATION FROM THE CITY ATTORNEY. AND THEN IN THE EVENT THAT THERE IS NO MOTION BY ANY OF A CITY COMMISSIONER TO ALTER THE SOUND ORDINANCE IN ANY WAY, IT MAY INFER THAT IT'S INCONSISTENT, IT'S ALREADY CONSISTENT, AND THEREFORE THERE'S NO NEED TO HAVE AN HOUR AND A HALF OF PUBLIC COMMENT BECAUSE EVERYBODY'S ON THE SAME PAGE. THAT'S RIGHT. SO TO REITERATE, IF YOU HAVE A COMMENT ON A NON ENGINEERING NON AGENDA AGENDA RELATED ITEM AND. TERRA FERMATA IS ON THE AGENDA. SO IF IT DOESN'T RELATE TO THAT PLEASE COME FORWARD. MADAM CLERK DO YOU HAVE ANY GREEN CARDS? MAYOR RICH I DID HAVE THREE GREEN CARDS. THEY WERE FOR ITEM NUMBER 11. ONE HAS JUST CHANGED IT TO MAKE IT INTO PUBLIC COMMENT NON AGENDA ITEM. SO WOULD WE LIKE TO KNOW THE OTHER TWO. AS WE STATED, IF THERE'S NO MOTION AND NO SECOND AND WE'RE NOT CHANGING ANYTHING, THERE'S NO REASON FOR

[11. DISCUSSION AND DELIBERATION OF SOUND ORDINANCE]

SO I'VE BEEN TASKED TO GO THROUGH THE CURRENT NOISE ORDINANCE THAT WE HAVE ON THE BOOKS. AND JUST SO THE PUBLIC KNOWS, IS IT A NOISE ORDINANCE, MR. BAGGETT, OR IS IT A SOUND ORDINANCE? IT'S TITLED NOISE ORDINANCE. OKAY. YOU'RE REFERRING TO IT AS SOUND ORDINANCE, I GUESS, TONIGHT AND ELSEWHERE. RIGHT? SO JUST JUST SO THE PUBLIC KNOWS, YOU CAN DO A GOOGLE SEARCH OF CITY OF STUART MUNICODE AND IT'LL BRING UP OUR CODE OF ORDINANCES. AND YOU CAN FIND THE NOISE ORDINANCE THERE. AND IT'S FREE AND AVAILABLE TO THE PUBLIC ON, ON YOUR PHONE, ON YOUR COMPUTER. IT'S VERY EASY TO FIND, BUT UNDER OUR CODE, IT'S CHAPTER 20 OF OUR CODE OF ORDINANCES. AND IT'S ARTICLE SIX AND IT'S TITLED NOISE. AND I WANT TO GO THROUGH THE REGULATION PART OF IT IN SECTION 20 151. AND THE FIRST SUBSECTION IS TITLED VEHICLES.

[00:50:03]

AND SO SUBSECTION B IS ALL OTHER NOISES OR SOURCES OF NOISES. IT GIVES IT GIVES A DECIBEL LIMIT AND A TIME FRAME. SO FOR ALL NOISE EXCEPT VEHICLE NOISE, THE MAXIMUM PERMISSIBLE SOUND LEVELS COMING FROM THE PROPERTY LINE FROM WHICH THE SOUND ORIGINATES SHALL BE 80DB OR LOWER. FROM 8 A.M. UNTIL 10 P.M. IT LOWERS FROM 80DB TO 60DB. WHEN YOU GET FROM 10 P.M. UNTIL 8 A.M, AND THIS IS AT ALL TIMES AND ALL DAYS THROUGHOUT THE CITY. THE NEXT SUBSECTION TALKS ABOUT MEASUREMENT OF THE SOUND AND WHAT EQUIPMENT CAN BE USED. OUR POLICE OFFICERS HAVE THE EQUIPMENT TO MEASURE SOUND. THIS. THIS GIVES SOME GUIDANCE TO OUR CITY MAGISTRATE OR A JUDGE. IT ALLOWS IT TO BE A LITTLE BIT MORE LAX ON GETTING EVIDENCE IN FROM OUR SOUND EQUIPMENT. AS SOME OF US LAWYERS CAN DO, WE CAN CHALLENGE WHETHER THE EQUIPMENT IS BEEN AUTHENTICATED OR CAN BE USED, OR THERE COULD BE. BASICALLY NOT ADMISSIBLE. BUT OUR CODE KIND OF GIVES IT A LAX STANDARD OF BEING ABLE TO GET THAT EVIDENCE IN AT THE MAGISTRATE HEARING OR AT A COURT HEARING. IT ALSO PUTS IN HERE THAT IF THE SOUND THAT'S AT ISSUE IS ONLY THREE A-WEIGHTED DECIBELS HIGHER THAN THE BACKGROUND NORMAL SOUND, THE SOURCE LEVEL CANNOT BE DERIVED AS A VIOLATION. SO IT KIND OF GIVES THAT. SO IF THERE'S A LOT OF OTHER NOISE IN ADDITION TO THIS NOISE, IT WOULD NOT BE A VIOLATION AS LONG AS IT'S WITHIN THREE A-WEIGHTED DECIBELS. WHEN MEASURING THE NEXT SUBSECTION TALKS ABOUT WHEN MEASURING, WHERE DO YOU STAND. SO FOR AGAIN FOR NON VEHICULAR NOISE ORIGINATING FROM PRIVATE PROPERTY, THE SOUND WILL BE MEASURED AT THE PROPERTY LINE OF THE PROPERTY WHERE THE NOISE ORIGINATES. IF IT'S IF IT'S SOUND ORIGINATING IN ONE OF OUR PUBLIC PROPERTIES OR IN A PUBLIC RIGHT OF WAY, THE MEASUREMENT NEEDS TO BE AT A DISTANCE OF 50FT FROM THE SOURCE OF THE NOISE. OUR NEXT SUBSECTION GIVES EXEMPTIONS FROM OUR SOUND AND NOISE REGULATIONS, AND I'M GOING TO LIST THEM BRIEFLY HERE. SO WE'VE GOT LAW ENFORCEMENT, FIRE SUPPRESSION, AMBULANCE HOLIDAY FIREWORKS APPROVED, SANCTIONED OR SPONSORED BY A GOVERNMENT AGENCY. JUST SO YOU KNOW, I THINK THE STATE HAS ALSO PREEMPTED THAT THEY HAVE A STATE STATUTE ON FIREWORKS ON CERTAIN DAYS OF THE YEAR THAT YOU CAN USE THEM. SO THAT MIGHT BE ALSO PREEMPTED BY THE STATE WARNING DEVICES AT RAILROADS, AIRPORTS, ROADWAY INTERSECTIONS, AND UPON HAZARD USE STRUCTURES, BURGLAR ALARMS, FIRE ALARMS. AND I'M STILL CONTINUING DOWN EXEMPTIONS FROM OUR CODE AIRCRAFT AND DRONES AND LAWFUL GROUND OR AERIAL OPERATIONS, BOATS AND OTHER WATERCRAFT AND LAWFUL OPERATIONS CHIMES OR BELLS USED IN PERMITTED CLOCK TOWERS, SCHOOLS OR PLACES OF WORSHIP OR ASSEMBLY, AND AMPLIFIED SOUND ASSOCIATED WITH SPECIAL EVENTS PERMITTED BY THE CITY. PORTABLE EMERGENCY POWER GENERATORS.

PORTABLE PUMPS. PORTABLE COMPRESSORS, AND SUCH EQUIPMENT SHALL NOT EMIT MORE THAN 85DB SOUND PRESSURE, SO THEY HAVE AN ACTUAL HIGHER LEVEL FOR THAT TYPE OF EQUIPMENT. IN OUR CODE, OUR SANITATION OPERATIONS, INCLUDING THE UNLOADING AND EMPTYING OR COLLECTION OF WASTE OR RECYCLABLES, AND THOSE OPERATIONS ARE ONLY PERMITTED BETWEEN THE HOURS OF 7 A.M. AND 7 P.M. LANDSCAPE POWER WASHING, LAWN MAINTENANCE. THEY ALSO INCREASE IT TO 85DB. THERE'S ALSO WE'LL GET TO IT IN A MINUTE, BUT THERE'S ALSO ANOTHER SECTION IN OUR CODE THAT ADDRESSES THE LANDSCAPE. WE'LL GET THERE IN A MINUTE. AND THAT CONCLUDES OUR EXEMPTIONS FROM THE SOUND ORDINANCE. BUT WE DO HAVE SOME ADDITIONAL RULES ON CERTAIN ACTIVITIES AND THE RELATED NOISES. THE FIRST ONE IS IN SECTION 2122. IT'S TITLED ENCLOSURE OF CERTAIN MACHINERY AND IT'S ADDRESSING HEATING, VENTILATION, AIR CONDITIONING EQUIPMENT, REFRIGERATION EQUIPMENT, SWIMMING POOL PUMPS, IRRIGATION PUMPS, GENERATORS OR OTHER ELECTRICAL OR INTERNAL

[00:55:01]

[01:00:02]

NO. YOU'RE YOU GUYS ARE WELCOME TO. YOU JUST DON'T HAVE TO OKAY. SO THE COMMENT WAS TO MAKE EVERYBODY IF YOU GUYS WERE IF EVERYBODY'S IN AGREEMENT, THEY DON'T NEED TO PERSUADE YOU TO DO ANYTHING. OKAY? RIGHT. WELL, YOU KNOW, THE ONE THING ABOUT LOCAL GOVERNMENT, WHICH I THINK IS GREAT, IS THAT WE ALL LIVE IN THE CITY. WE ALL DON'T AGREE ON EVERYTHING. AND THIS IS AN ISSUE WHERE I'M ACTUALLY REPRESENTING THE PEOPLE WHO DON'T DISLIKE MUSIC, DON'T DISLIKE PTEROSTIGMATA, THEY JUST WOULD LIKE TO SEE THE DECIBELS COME DOWN A BIT. AND THAT I THOUGHT WAS OPEN FOR DISCUSSION. I'M GATHERING. MOST OF THE COMMISSIONERS ARE NOT IN FAVOR, BUT I THINK THAT THE RESIDENTS WHO WOULD LIKE TO SEE THAT SHOULD HAVE THE OPPORTUNITY TO VOICE THEIR OPINION AND WHAT THEY HEAR AND HOW THEY FEEL ABOUT IT. AND SO I'D LIKE TO BE ABLE TO DO THAT. WELL, THEN YOU CAN MAKE A MOTION. OKAY. THEN YOU GET A SECOND, THEN. OKAY.

I'D LIKE TO MAKE A MOTION THAT INDIVIDUALS, WHETHER PRO OR CON, CAN VOICE THEIR STATEMENT ON THIS ITEM REGARDING NOT NOT THE RIGHT WORD. SO WHAT. SO ACTUALLY YOU GUYS AS A BOARD YOU GUYS HAVE I MEAN YOU CAN TAKE THE PUBLIC COMMENT NO MATTER WHAT. AND YOU TAKE IT FOR THE PUBLIC THAT YOU CAN DO IT EITHER WAY. THE QUESTION IS DO YOU THE PUBLIC THE QUESTION IS DO YOU WRITE A MOTION ON THE ORDINANCE, ON THE ORDINANCE ITEM FOR THE PUBLIC? BUT WE DON'T HAVE TO HAVE A MOTION TO HAVE PUBLIC COMMENT. IT IS UP TO US. IT IS AT OUR AT OUR DISCRETION TO ALLOW THE PUBLIC TO SPEAK. LET THEM DO THAT, PLEASE. SO SHOULD WE GET TO OUR COMMENTS? QUESTION. YEAH. WE HAVE THEY WANT. WELL, I THINK IN COMMISSIONER JOB BELIEVES THAT THERE ARE PEOPLE HERE THAT ARE GOING TO SPEAK IN FAVOR OF CHANGING THE SOUND ORDINANCE, EITHER WAY, WHATEVER. OKAY. CAN WE FINISH OUR COMMENTS FIRST AND THEN GO, BECAUSE I'M I'M TOTALLY OPEN TO PUBLIC COMMENT IF SOMEBODY WANTS TO TALK ABOUT IT. THAT'S WHY WE'RE HERE TONIGHT.

SO LEE, WITH REGARD TO SECTION 2151, THE CONCERNS THAT I HEARD THAT, YOU KNOW, HAVE BEEN BOUNCING AROUND WERE WITH REGARD NOT TO THE DECIBELS. IT HAD MORE TO DO WITH THIS SECTION EIGHT WITHIN 2151 AND 2155 ONE 2151 OKAY. SECTION EIGHT AND THEN 2155, SECTION C. SO SECTION EIGHT SAYS AMPLIFIED SOUND ASSOCIATED WITH SPECIAL EVENTS PERMITTED BY THE CITY, INCLUDING BUT NOT LIMITED TO. AND I'LL JUST SKIP TO WHAT WOULD BE RELEVANT HERE. CONCERTS OR SHOWS THAT HAVE BEEN PERMITTED, APPROVED, SANCTIONED OR SPONSORED BY THE CITY. SO THAT WOULD REQUIRE. A. AND THIS THIS IS NOT MY POSITION. I'M JUST TRYING TO, FOR DISCUSSION PURPOSES, ECHO THE CRITICISM I'VE HEARD SO THAT WE CAN TALK ABOUT IT. THAT IT WOULD TRIGGER IN SECTION 2155, ALL APPLICANTS SEEKING TO PAY THE LOCAL BUSINESS TAX WITHIN THE CITY SHALL INDICATE IF THEY HAVE, OR WILL HAVE AMPLIFIED SOUND AT THE BUSINESS. SO MAYBE THIS IS A MIC QUESTION, BUT DO WE REQUIRE ANY OTHER BARS TO PULL A PERMIT TO HAVE AMPLIFIED SOUND? EVERY

[01:05:02]

AND THEY DESIGNATED THAT AREA AS THE ARTS AND ENTERTAINMENT DISTRICT. THE REASON I MENTION IT IS BECAUSE PHILOSOPHICALLY. STAFF AND OBVIOUSLY WE GET PEOPLE THAT HAVE DIFFERENT OPPOSING VIEWS ON ISSUES. BUT OVERALL, THE DIRECTION THAT THE CITY HAS HAD IS THAT THIS AREA WAS IN FACT INTENDED TO BE AN ARTS AND ENTERTAINMENT DISTRICT, WHETHER IT WAS OR WASN'T. AND IT WOULD PREVENT. IF YOU COULD HOLD OFF ON THE STUFF. I GET THIS OUT. AND SO I TOLD OTHERS THAT IF THE COMMISSION REALIGNS THAT OR ADJUSTS IT, WE'LL ACT ACCORDINGLY AS WELL. AND SO WHAT'S HAPPENED SINCE THEN? AND DURING THAT TIME, OBVIOUSLY TERRA FIRMA WAS STILL IN EXISTENCE AND THERE WAS NO DISCUSSION THAT TARIF RAMADA WAS ANYTHING OTHER THAN A OUTDOOR PATIO RESTAURANT THAT HAD LIVE MUSIC, NOT RESTAURANT, BECAUSE THEY DON'T SERVE FOOD, BECAUSE THEY HAVE A FOOD TRUCK FOR FOOD. SO IT'S, I BELIEVE, A TWO COPY LICENSE, BUT IT'S LICENSED BY THE STATE, AND IT'S WHEN IT CAME IN TO GET A BUSINESS TAX RECEIPT, IT WAS GOING TO HAVE AMPLIFIED SOUND, JUST AS SAILOR RETURNED DOES, AND TALK HOUSE AND TIED HOUSE. AND THE OTHERS DONE. YOU KNOW, DUFFY'S AND WHATEVER ELSE IS DOWNTOWN. IN ANY EVENT, THE ISSUE THEN BECOMES WELL. WHEN, WHEN DOES IT BECOME SOMETHING THAT'S MORE THAN WHAT THE BUSINESS THAT IS OPERATING IS. AND THAT'S A VERY COMPLICATED SITUATION, BECAUSE I KNOW THAT THERE HAVE BEEN

[01:10:03]

THAT IS THE CITY DOESN'T REGULATE LIQUOR LICENSES. THE STATE DOES. WE REGULATE OCCUPANCY. AND A LETTER WAS GIVEN BY THE CITY TO THE STATE THAT SAID THAT THAT ADDRESS WAS PROPERLY ZONED FOR A TWO COPY LIQUOR LICENSE AND TO BE ALLOWED TO HAVE LIVE MUSIC. AND THAT WAS REALLY ABOUT IT. STOP THAT. EXCUSE ME, MA'AM. EXCUSE ME. SO, FOR WHAT IT'S WORTH, THE LICENSING TAKES PLACE IN MANY DIFFERENT FORMS AND FASHIONS. ONE OF THE THINGS THAT YOU RUN INTO IS THAT IF I HAVE A 2000 SQUARE FOOT OFFICE, THE SIZE AND SHAPE OF THAT OFFICE HAS A CAPACITY BUILT INTO IT BASED UPON THE FLORIDA BUILDING CODE. BUT IF YOU HAVE AN OUTDOOR VENUE, THE CAPACITY CHANGES SIGNIFICANTLY BECAUSE THE RISK OF FIRE AND OTHER THINGS DIMINISHES SIGNIFICANTLY. AND AS A RESULT, THE FIRE, THE FLORIDA FIRE CODE AND BUILDING CODES ALLOW IT TO BE A LARGER AUDIENCE. AND THE CITY'S PARKING CODE ISN'T DOESN'T REGULATE PEOPLE STANDING. IT'S BASED UPON THE NUMBER OF SEATS OR PEOPLE DINING OR THINGS OF THAT NATURE.

SO WHEN YOU GET INTO A THING LIKE A OUTDOOR VENUE WHERE YOU MIGHT ONLY HAVE 20 CHAIRS, BUT YOU MIGHT HAVE 300 PEOPLE STANDING, YOU GET INTO AN IMBALANCE ON HOW YOU WOULD REGULATE THE PARKING OR NOT. BUT IN THIS PARTICULAR INSTANCE, THE PARKING APPLICATION AND WHATEVER THE ISSUE WAS, WAS ADDRESSED BACK IN LIKE, I DON'T EVEN KNOW WHAT THE DATE WAS, BUT 2009 OR 10 OR WHENEVER IT WAS THAT IT OPENED, I DON'T EVEN KNOW THE DATE. AND AS A RESULT, IT IT HAS A CERTIFICATE OF OCCUPANCY AND THEY HAVE A BUSINESS TAX RECEIPT TO OPERATE AS THIS TYPE OF BUSINESS THE CITY DOESN'T HAVE. I DON'T HAVE THE TOOLS TO SAY, YOU CAN'T DO THIS WITHOUT DIRECTION FROM THE COMMISSION TO CHANGE SOME REGULATION AS IT RELATES TO THE SOUND CODE ITSELF. WHAT WE REALLY LEARNED IN 2015 IS THAT MEASURING 65DB OR 75DB OR 80DB, IS ALMOST IMPOSSIBLE. FIRST, WHEN IT WAS PLAINLY AUDIBLE, THE POLICE OFFICER THAT COULD COME UP COULD HEAR THE SOUND COMING UP AND COULD SWEAR TO AN AFFIDAVIT THAT IT WAS PLAINLY AUDIBLE, AND THAT WAS IT. AND THERE WAS SOME ISSUES AS TO WHETHER THAT WAS SUBJECTIVE OR NOT. BUT REGARDLESS, THE COMMISSION WANTED IT CHANGED TO THIS SOUND ORDINANCE. THE PROBLEM YOU RUN INTO NOW IS IF THE SOUND ORDINANCE WAS 50DB WHEN THE POLICE WERE DISPATCHED TO THE AREA THAT COMMISSIONER GIOBBI SPOKE TO EARLIER, 16 TIMES, NOT BECAUSE THERE WAS VIOLATIONS

[01:15:02]

AND 70 TO 80 IS REALLY LIKE TEN TIMES LOUDER THAN 70 WOULD BE. AND SO IT'S A LOT OF MATH THERE.

THAT'S VERY COMPLICATED. AND I ALSO KNOW THAT WHEN IT'S INTERFERING WITH A NEIGHBOR IT'S LIKE A DRIPPING SINK. JUST THAT DROP IN THE BATHROOM CAN END UP BEING SO LOUD YOU CAN'T SLEEP.

SO IF YOU'VE GOT AN ADJACENT NEIGHBOR THAT HAS SOUND VIOLATIONS OR THAT'S DISRUPTING YOUR PERSONAL LIFE, IT BECOMES VERY SERIOUS. SO WE TRY TO BALANCE IT OUT AND WE'VE, YOU KNOW, TRIED TO ADDRESS IT. AND HERE WE ARE AND I DON'T I LOOK BACK TO SEE IF WE HAD A LOT OF COMPLAINTS OVER THE LAST FEW YEARS. AND WE DON'T. BUT IN SPEAKING TO SOME OF THE PEOPLE THAT WEREN'T HAPPY WITH THE SOUND ORDINANCE, THE REASON WE DON'T IS BECAUSE THEY CLAIM THAT IT'S NOT WORTH COMPLAINING BECAUSE THE SOUND ORDINANCE IS SO HIGH THAT THERE'S NO WAY FOR PEOPLE TO BE IN VIOLATION OF IT ANYWAY. AND I MENTIONED THAT FOR YOUR EDIFICATION, BUT LEADS US BACK TO FULL CIRCLE, RIGHT BACK WHERE WE STARTED. I, I APPRECIATE YOU GOING OVER THAT HISTORY. AND I THINK IT'S IMPORTANT FOR US TO BE ABLE TO HEAR GRIEVANCES AND HEAR COMPLAINTS SO EVERYBODY CAN BE HEARD. FOUR WAY INTERSECTIONS, 90DB. YEP. SO FOR ME IT'S A BAR, RIGHT? AND IT HAS LIVE MUSIC. IT'S DOWNTOWN. IF YOU LIVE DOWNTOWN, YOU SHOULD EXPECT THAT THERE'S GOING TO BE IT'S GOING TO BE LOUDER. RIGHT. WE'RE NOT LIVING OUT IN. IN GENERAL, I FEEL LIKE YOU HAVE ADDRESSED THAT COMPLAINT THAT, YOU KNOW, THIS IS NOT SPECIAL TREATMENT FOR TERRA FERMATA, THAT NOBODY ELSE, YOU KNOW, EVERYBODY ELSE HAS TO DO ONE THING, INTERROGATES AN OUT. I THINK YOU'VE ADDRESSED THAT WELL. TARA FREMONT IS A LOCAL TREASURE. AND I'M NOT JUST SAYING THAT TO GET CLAPS FROM EVERYBODY. I, I TALKED TO CHIEF, YOU KNOW,

[01:20:04]

RIGHT. 10:10 P.M. EXCUSE ME, SIR. SO, YOU KNOW, FOR THE MOST PART THE NEIGHBORHOOD BACK THERE, AS FAR AS I UNDERSTAND, FOR THE MOST PART HAS NOT HAD AN ISSUE AS OF RECENTLY. YOU KNOW, IT'S A COUPLE OF PARTICULAR VOICES. SO AGAIN, I SAID THIS ALREADY, BUT AT THIS TIME I'M NOT INTERESTED IN TRYING TO AUGMENT THE SOUND ORDINANCE TO TAKE DECIBELS DOWN OR CHANGE TIMES OR ANYTHING. SO WITH THAT, THOSE ARE MY COMMENTS. THANK YOU, MR. VICE MAYOR.

ANY OTHER QUESTIONS OR COMMENTS OF STAFF BY THE COMMISSION? I DID, I HAD A QUESTION. SO THEY'RE THEY'RE BASICALLY REGULATED BY THE NF FIRE CODE THEN MIKE BECAUSE IT IS OUTDOOR.

IS THAT WHAT YOU WERE SAYING FOR OCCUPANCY IS REGULATED BY THE FIRE CODE. OCCUPANCY IS ALSO REGULATED BY THE NUMBER OF TOILETS. BELIEVE IT OR NOT, IT'S 40 PEOPLE PER TOILET. SO WHAT IS THEIR OCCUPANCY? DO THEY HAVE AN OCCUPANCY. THERE'S NOT. THERE IS, THERE'S NOT. I MEAN IF THERE WERE A THOUSAND PEOPLE THERE, THERE'D BE ONE. BUT THERE'S SO THERE ISN'T. I WAS JUST CURIOUS.

THAT'S IT. COMMISSIONER JOB. I WOULD JUST HONESTLY LIKE THE OTHER SIDE HEARD. I KNOW THAT VICE MAYOR HAS STATED THERE HAVE NOT BEEN MANY, BUT THERE HAVE BEEN PEOPLE WHO HAVE AN ISSUE. I UNDERSTAND, AND I WOULD BE ALL FOR PEOPLE BEING ALLOWED TO MAKE COMMENTS. OKAY. IS THERE ANY IS THERE ANY MOTION WITH REGARD TO THIS ORDINANCE FROM THE COMMISSION AT THIS TIME? CAN WE JUST CAN WE NOT JUST JUST GIVE ME A CHANCE HERE, OKAY, OKAY. SEEING NONE. OKAY. WE ARE DONE WITH THIS ITEM. SO IS THERE IS THERE NO PUBLIC COMMENT? SO AT THIS GIVE ME A CHANCE. AT THIS TIME, THIS COMMISSION HAS DECIDED TO TAKE NO ACTION WITH REGARD TO THIS ORDINANCE, HOWEVER. LISTENING TO THE COMMISSION, I THINK THEY DO. SOME OF YOU ARE HERE PROBABLY TO SPEAK WITH CONCERN TO OR IN OPPOSITION TO IT, AND WITHOUT OBJECTION, FROM THE COMMISSION.

I WOULD NOW LIKE TO PROVIDE THOSE INDIVIDUALS AN OPPORTUNITY TO SPEAK. AND FOR CLARITY, I WOULD REQUEST THAT IT BE IN OPPOSITION OPPOSITION TO THE SOUND ORDINANCE, NOT PARTICULARLY TERRIBLE OR PARTICULAR. THANK YOU FOR THAT CLARIFICATION. SO YOU PROBABLY DON'T HAVE A GREEN CARD IN, BUT IF YOU WOULD LIKE TO COME FORWARD SPEAK, YOU'RE THEN GOING TO HAVE TO. CAN WE MAKE THEM AVAILABLE TO AS A OKAY, SO JUST INTRODUCE YOUR NAME AND ADDRESS PLEASE. AN OBJECTION AN OBJECTION TO MAYOR. YES I HAVE CARDS ALREADY. OKAY OKAY. LET'S CALL THE NAMES. CALL THEM PLEASE. MADAM CLERK ROBERT STEINBERG. THANK YOU. GOOD EVENING, MR. STEINBERG. THANK YOU. GOOD EVENING, MR. STEINBERG. COMMISSIONERS, IT'S BEEN A LONG TIME SINCE I'VE BEEN HERE. I'D LIKE TO LET ME JUST TELL EVERYBODY HERE THAT I'M THE GUY WHO'S CAUSING THIS. I'M THE GUY WHO WROTE THE LETTER, AND I'M THE GUY WHO WROTE THE LETTER ABOUT ABOUT THE NOISE A LITTLE BIT. I'M TRYING TO SPEAK UP, IF YOU DON'T MIND. OKAY? I'M THE GUY WHO WROTE THE LETTER ABOUT THE NOISE ORDINANCE TO SEE IF THE COMMISSION WANTED TO ADDRESS THE NOISE ORDINANCE. WE HAVE THE MOST LIBERAL SOUND ORDINANCE IN FLORIDA AND ON THE TREASURE COAST. OTHER COMMUNITIES LIKE JENSEN BEACH HAVE A VERY LIVELY DOWNTOWN MUSIC SCENE, WITH THE COUNTY'S 65 DB LIMIT. SO THE ACTUAL DB LEVEL IS NOT THE LARGEST CONCERN. IT CAN BE A LIVELY SCENE AT 65DB. IT CAN BE A LIVELY SCENE IN DOWNTOWN CLEMATIS STREET AT 90DB TARIFF.

AMANDA HOLDS A TWO COP. NOW CHECK THIS OUT. 40FT BAR LICENS. BUSINESS TAX LICENSE WITH TWO TOILETS. DOES ANYBODY HERE THINK THAT TERRA AMATA HAS 40 SEATS IN THE IN THE FACILITY, OR DOES IT HAVE SEVERAL HUNDRED SEATS? THAT'S THE. LET HIM SPEAK. NOW, AS FAR AS IT RELATES TO THE

[01:25:06]

IT'S THE CONCERTS THAT THEY'RE HAVING THAT ARE PUMPED INTO A MONSTROUS P.A. SYSTEM, WHICH PUMPS OUT A LOT MORE AIR MIC THAN A LITTLE BOSE PA SYSTEM THAT YOU PUT ON THE STEPS OF THE COURTHOUSE OF CITY HALL. THIS IS A MAJOR CONCERT LEVEL SYSTEM. COULD THIS EXCUSE ME? EXCUSE ME.

SIR? SIR. TERRAFIRMA IS THE TREASURE COAST PREMIERE OUTDOOR CONCERT VENUE. THAT'S RIGHT, THAT'S RIGHT. THE REASON FOR THAT IS THAT A CONCERT VENUE, AN OUTDOOR CONCERT VENUE, IS NOT ALLOWED ANYWHERE ELSE ON THE TREASURE COAST. SHOW ME ANYWHERE ON THE TREASURE COAST THAT HAS THE SAME KIND OF SETUP AS TERRA MATER. CAN I MAY I GO ON? YOU CAN. YOU CAN GO A LITTLE MORE. I HAVE A FEW MORE. EXCUSE ME, MA'AM, THERE IS NO BUSINESS DESIGNATION IN THE CITY OF STUART FOR AN OUTDOOR CONCERT VENUE. HE HAS A TWO COP BAR LICENSE WITH 40 SEATS. ACCORDING TO HIS BUSINESS TAX RECEIPT. ANY OTHER? SIMILARLY SITUATED BUSINESS? FOR EXAMPLE. MIKE GAVE ME THE EXAMPLE OF THE FRASER CREEK BREWERY HAVING AN OUTDOOR EVENT FOR A FUNDRAISER. THEY PULLED A SPECIAL EVENTS PERMIT. TERRAFORM HAS NOT BEEN REQUIRED TO PULL ANY SPECIAL EVENT PERMITS FOR ANY CONCERTS. CONCERTS ARE CONTROLLED ONLY IN OUR CODE BY THE SPECIAL EVENTS ORDINANCE. THE SPECIAL EVENTS ORDINANCE IS APPLICABLE TO EVERY BAR. SO MY QUESTION IS WHY IS TERRA FORMATA EXEMPT? WHY DON'T THEY HAVE TO PULL A SPECIAL EVENTS PERMIT JUST LIKE ANY OTHER SIMILARLY SITUATED TWO COP 40 SEAT BAR, WHETHER IT'S INDOOR OR OUTDOOR? AND AS LONG AS WE'RE TALKING ABOUT. CODE ITSELF, SHOULDN'T THERE BE A DIFFERENCE BETWEEN A BAR THAT'S INSIDE THAT WHERE YOU CAN HAVE MUSIC AS LOUD AS YOU LIKE? ROCK AND ROLL IS AN INDOOR ACTIVITY FOR THE MOST PART. WHEN YOU TAKE IT, WHEN YOU TAKE IT. HEY, I'M SORRY. EXCUSE ME. COULD WE SHOW A LITTLE RESPECT FOR THE PERSON SPEAKING? I GREW UP IN NEW YORK CITY AND MY CONCERT EXPERIENCE STARTED AT THE FILLMORE EAST. OKAY. AND YET I'M HERE. THANK YOU, MISTER STEINBERG. THANK YOU, MISTER STEINBERG. THANK YOU. ALL RIGHT. CAN SOMEBODY EXPLAIN TO ME WHY? NO, I'VE YET TO HEAR FROM EITHER MR. MORTEL OR FROM MR. BAGGETT, WHO WILL ANSWER MY QUESTION. WH? OR IF TERRA AMATA IS EXEMPT FROM THE SPECIAL EVENTS PROGRAM, WE WILL ASK THAT THEY PROVIDE AN ANSWER TO YOU, MR. STEINBERG.

ALL RIGHT. THANK YOU, MR. STEINBERG. MADAM CLERK. SHARON MASON. I'M SPEAKING IN FAVOR.

AND I BELIEVE, TO USE A MUSIC METAPHOR, I'M SPEAKING TO THE CHOIR. SHE'S SPEAKING IN FAVOR.

NEXT ONE, MADAM CLERK, JOHN CALLAHAN. ON. THANK YOU. JOHN CALLAHAN, 24, GRAND BAY CIRCLE, JUNO BEACH, FLORIDA. MAYOR. RICH. VICE MAYOR COLLINS, I'M SPEAKING TODAY ON BEHALF OF THE THOUSANDS OF LIVE MUSIC FANS THAT VISIT OUR LOCAL MUSIC FINDER.COM WEBSITE EACH WEEK.

LOOKING FOR LIVE MUSIC. SO UPON HEARING THIS, I WENT AND DID SOME RESEARCH LOOKING FOR WHERE IN YOUR CODE IT TALKS ABOUT LIVE MUSIC AND I HAD TROUBLE FINDING IT. BUT THEN I FOUND THE SOUND ORDINANCE AND I THINK I GOT IT. YOU TELL ME IF I GOT IT RIGHT, IT'S UNDER NOISE AND UNDER THE NOISE. SECTION. SECTION 2150. IT SAYS NOISE MEANS UNWANTED OR WELCOME UNWELCOME SOUND THAT CAUSES OR MAY CAUSE AN ADVERSE PSYCHOLOGICAL OR PHYSIOLOGICAL EFFECT ON HUMAN BEINGS. THERE IT

[01:30:01]

[01:35:02]

THAT'S WHY WE PUT IT ON FOR DISCUSSION AND DELIBERATION FOR EXACTLY THIS REASON. BECAUSE PEOPLE WRITE EMAILS, THEY CALL US, THEY SHOW UP AND THEY SAY WE'RE HAPPY WITH THE WAY IT IS, AND THAT'S OUR RESPONSIBILITY. THERE'S NOTHING WRONG WITH THIS COMMISSION REVIEWING ON A PERIODIC BASIS ANY OF OUR ORDINANCES IF THEY'RE IMPACTING OUR COMMUNITY. SO I'M VERY HAPPY TO SEE THIS TURN OUT. AND I AND I'M, I'M CONFIDENT THE COMMISSION TOOK THE PROPER WHICH WAS WE TOOK NO ACTION. RATHER WE LISTENED TO. SIR. MA'AM. I'M KNOWN FOR BEING VERBOSE, BUT I WILL BE QUICK. MY NAME IS PRISCILLA SPIKER. I'M GOOD FRIENDS WITH THE SOUND MAN AT TERRA FIRMA, AND I'M GOOD FRIENDS WITH THE OWNER. AND THE SOUND MAN IS AWARE OF THIS, AND HE'S COMMITTED TO REALLY PAYING CLOSER ATTENTION. SO I THINK THAT ALLEVIATES SOME CONCERN.

THE GENTLEMAN LEFT WITHOUT LISTENING TO OUR SIDE. HE SAID HIS PIECE AND NOTICE HE'S NOT IN THE ROOM ANYMORE. WE REALLY HAVE LOOKED AT THIS, ALL OF US THAT GO TO TERRA. AND OBVIOUSLY, LIKE YOU SAID, IT AFFECTS EVERYBODY. AT THE END OF THE DAY. YOU MADE A GREAT POINT. IF YOU LIVE DOWNTOWN, YOU GET A LOT OF BENEFITS. ONE OF THE LITTLE CONSEQUENCES IS YOU MIGHT HEAR A FESTIVAL OR A CONCERT NOW AND THEN, AND THAT'S ALL PART OF LIVING IN A VIBRANT, THRIVING TOWN. SO IT HAS TO BE TOLERATED. IT JUST IT'S PART OF THE DEAL. AND THERE'S ALSO MAYBE SOME THINGS THEY CAN DO WITH THE ANGLES OF SPEAKERS AND SUCH. SO THERE IS AN EFFORT BEING MADE AT TERRA AMATA, AND I'M SURE THE OTHER PLACES WOULD BE WILLING TO WORK WITH THE CITY IF THEY'RE GIVEN THE OPPORTUNITY AND SOME GUIDELINES. THANK YOU SO MUCH. THANK YOU, THANK YOU. OKAY.

SEEING NONE NO OTHER COMMENTS. WE WILL MOVE ON TO A QUESTION. EXCUSE ME, MR. REED. YES, THIS IS MORE FOR THE FIRE CODE. SO I UNDERSTAND WHEN THERE'S TWO, THREE, FOUR, 500 PEOPLE THERE, DO THEY GET PORTA POTTIES THEN OR IT'S JUST BECAUSE IF YOU'RE STANDING OUTSIDE THERE IS LITERALLY ZERO. THEY HAVEN'T NOT HAD PORTA POTTIES THERE SINCE 2014. SO WHENEVER WHOEVER WAS YELLED OUT THAT WHEN MR. STEINBERG SAID THEY ONLY HAVE TWO BATHROOMS, THAT'S NOT TRUE.

THERE'S BEEN PORTA POTTIES THERE SINCE 2014. YEAH, THERE'S ONE PERMANENTLY. THERE'S MORE THAN ONE. IT'S LIKE A THERE'S GOT THE WALK IN BATHROOM. THEY'RE SAYING THREE AND THEY'VE BEEN THERE LITERALLY FOR TEN YEARS, SO THEY DON'T LEAVE. IT'S JUST THAT THERE'S A THERE WAS STRUCTURE WITH BATHROOMS IN IT IN THE BUILDING AND THEN NEXT TO THE BUILDING. AND IN ADDITION TO THAT, THEY ADDED THE PORTA POTTIES. AND WHAT MR. STEINBERG WAS SAYING IS THAT WHEN IT FIRST APPLIED FOR ITS BUSINESS TAX, IT HAD TWO BATHROOMS. AND THAT WAS TRUE. BUT WHEN PEOPLE STARTED GOING TO THE BUSINESS, THE CITY WENT IN AND SAID, BECAUSE OF THE CAPACITY AND FIRE CODES, YOU HAVE TO HAVE MORE BATHROOMS. TURNS OUT CAPITALISM IS A BIG DRIVER AS WELL. PEOPLE WILL NOT STAY AND LISTEN TO THE MUSIC IF THEY CAN'T GO TO THE BATHROOM. I WAS JUST CURIOUS, RIGHT? SO IT DRIVES THE IT DRIVES IT A LOT, BUT THE FACT IS THERE ARE BATHROOMS SUFFICIENT TO MEET THE CAPACITY. ALL RIGHT. YES. OKAY. WE'RE MOVING ON FROM THIS ITEM. THANK YOU ALL FOR SHOWING UP.

THANK YOU. YEAH. AND, MR. HOGARTH, I WAS NOT DISAPPOINTED TO DELAY YOUR PRESENTATION. SO IF WE CAN RETRIEVE MR. HOGARTH FROM WHEREVER HE IS. CAN WE TAKE GENERAL PUBLIC COMMENT? WE DIDN'T. WE DID, WE DID. WE DIDN'T HAVE ANY. YOU GUYS HERE FOR THE SERVICE AWARD IS. KAREN SAYS WE'LL DO IT AFTER. I CAN'T REMEMBER. IT WAS A LITTLE. YOU DID. I SHOULD HAVE LOOKED AT

[01:40:03]

FOR THE RECORD, I DID ACTUALLY UPDATE A COUPLE OF THE SLIDES. PROBABLY WAIT FOR COMMISSIONER CLARK, PLEASE. OH, SORRY. YEAH. WOULD YOU LIKE TO TELL HIM? OKAY. I THINK THAT TONIGHT. IS THIS WOMAN. ALL RIGHT, LET'S GO. WHO IS? YES. OKAY. WE'RE WE'RE GOING TO TAKE A TEN MINUTE RECESS. WE WILL RECONVENE.

[PRESENTATIONS (Part 2 of 3)]

RIGHT NOW WE'RE IN A GOOD BUDGET POSITION EITHER ON THE SENATE OR THE HOUSE SIDE, EITHER 500,000 OR 250,000. THE BUDGET CONFERENCE WILL OBVIOUSLY DETERMINE WHAT WE GET FROM THAT.

AND OF COURSE, WE WANT TO HOPE THAT OUR PROJECT AND OTHERS LIKE IT DON'T GET VETOED. SO BUT THIS IS ABOUT AS GOOD AS YOU CAN GET FOR THE ASK WHERE WE ARE IN BOTH BUDGETS. SO WE'VE GOT A GOOD CHANCE OF THE GUY DAVIS PROJECT GETTING KIND OF THAT PHASE TWO FINAL FUNDING FROM THE STATE, WHICH WOULD EITHER TOTAL 1 MILLION OR 750,000 TOTAL BETWEEN THE FIRST YEAR AND THIS YEAR.

HOUSING DEVELOPMENT BILLS. THIS IS GOING TO LARGELY TAKE UP MOST OF MY PRESENTATION. EVERYTHING THAT YOU'VE SEEN IN THE SLIDES AHEAD OF TODAY IS STILL ON THE RECORD. THERE'S ONLY BEEN A COUPLE OF CHANGES. WITH THAT SAID, THIS ADU BILL HAS PRETTY MUCH ALREADY PASSED, I THINK. I THINK IT PASSED UNANIMOUSLY IN THE SENATE. IT REQUIRES LOCAL GOVERNMENTS TO ADOPT AN ORDINANCE. SO THIS IS SOMETHING IN THE FUTURE WE'RE GOING TO HAVE TO LOOK AT FOR ADUS, AND THEY'RE GOING TO HAVE TO GO ANYWHERE WHERE THERE'S SINGLE FAMILY. RESIDENTIAL IS ALLOWED.

THAT'S FOR FUTURE. SO IT'S PROSPECTIVE ORDINANCE. WE MAY NOT PROHIBIT THE OWNER OF AN ADU FROM RENTING THE UNITS. SO THAT'S SOMETHING ELSE THAT'S GOING TO BE A PART OF THAT THAT CODE REQUIREMENT. SO AGAIN WE'RE SPEAKING TO EVERYTHING THAT IS HOME RULE BASED, AN ATTACK ON HOME RULE 88. ADU OWNERS MAY NOT BE DENIED A HOMESTEAD EXEMPTION FOR PORTIONS OF THE PROPERTY THAT THE OWNER MAINTAINS PERMANENT RESIDENCE. SO WHAT YOU WOULD HAVE SEEN THROUGHOUT THE WHOLE LEGISLATURE IS A LOT OF CONVERSATION ABOUT HOW TO ADDRESS ADU CONCERNS WITH, YOU KNOW, IF I HAVE A GARAGE OVER OR, SORRY, AN APARTMENT OVER A GARAGE THAT I'M RENTING, BUT I STILL LIVE IN A RESIDENCE, IS THAT EXEMPT? IS THE WHOLE BUILDING EXEMPT? SO THEY WORK

[01:45:05]

THEY'RE ALL PASSING AT LEAST OR HAVE PASSED ONE CHAMBER PLATTING. THIS IS BASICALLY TO SIMPLIFY. IT IS NOW INSTEAD OF IT GOING IN FRONT OF A GOVERNING BOARD OF A LOCAL GOVERNMENT, ADMINISTRATIVELY IT HAS TO BE APPROVED, WHICH IS, IF YOU REMEMBER, THE 102 BILL FROM 2 OR 3 YEARS AGO, THE LIVE LOCAL ACT, EVERYTHING WAS BEING ADMINISTRATIVELY APPROVED FOR AFFORDABLE HOUSING DEVELOPMENTS THAT MET THAT CRITERIA. THIS IS IN THE SAME VEIN. IT'S NOW THEY WANT LOCAL GOVERNMENTS TO CREATE A WHOLE ADMINISTRATIVE PROCEDURE WHERE WHETHER IT'S THE CITY ATTORNEY, THE CITY MANAGER, SOME DESIGNEE IS THE ONE THAT HAS THIS AUTHORITY TO AUTHORIZE THE PLAQUE, INCLUDING WHEN THEY HAVE TO WORK WITH MARTIN COUNTY OR WITH WITH THE OTHER GOVERNMENT TO DO SO. SO THERE HAS TO BE SOME KIND OF ADMINISTRATIVE PROCEDURE. WHAT'S THE DANGER HERE, MR. MORTON? WELL, THERE'S A BOOK, AND I CAN'T THINK OF THE NAME OF IT, BUT IT TALKS ABOUT THE FAMILY THAT PLATTED PORT SAINT LUCIE, MCCAULEY BROTHERS. AND ESSENTIALLY WHAT THEY DID IS THEY CAME IN AND THEY PLATTED THE 640 ACRES AT A TIME, WHICH IS A SQUARE MILE, BUT THEY JUST PLATTED THEM AS 50 BY 100 LOTS, AND THEY HAD NO UTILITIES, NO ROADS, NO PARKS, NO NOTHING, AND THEN STARTED SELLING THEM OUT. YEAH, WE HAD A PLAT HERE IN THE CITY A FEW YEARS AGO ON SAINT LUCIE BOULEVARD, WHERE TEN SINGLE FAMILY LOTS WERE PLATTED, AND INSTEAD OF HAVING A ROAD, THEY PUT AN EASEMENT OVER THE PLATS TO PROVIDE ACCESS TO THE TEN DIFFERENT PARCELS. AND WHAT YOU GET IS WHEN YOU HAVE A PLAT, THE ST LUCIE BOULEVARD. NO. WHAT'S ON SAINT LUCIE BOULEVARD? IT'S CALLED TIDEWATER. IT'S RIGHT THERE BEHIND KINGSWOOD. ANYWAY, WHEN YOU HAVE A PLAT OR A PROPERTY, YOUR PARCEL, YOUR SETBACK IS 25FT FROM THE PROPERTY LINE. BUT IF YOU HAVE A 20 FOOT ROAD, THAT IS AN EASEMENT OVER THE PROPERTY, YOUR SETBACK ENDS UP BEING FIVE FEET FROM THE ROAD BECAUSE THE ROAD IS ON TOP OF YOUR LAND. SO IT MAKES THE THAT THIS TIDEWATER, OUR GARBAGE TRUCKS CAN'T GO INTO THE PROPERTY, SO THEY HAVE TO PUT THEIR GARBAGE CANS OUT ON SAINT LUCIE BOULEVARD ONCE THESE HOUSES START OPENING, BECAUSE WE CAN'T PULL IN AND OUT OF THE BUILDING OF THE PROPERTY AND IT'S GOING TO BE GATED, I ASSUME. BUT IF AN IF AN AMAZON TRUCK GOES TO DELIVER TO HOUSE NUMBER TWO, THEY'RE GOING TO HAVE TO DRIVE ALL THE WAY IN TO HOUSE NUMBER SEVEN'S DRIVEWAY AND THEN PULL INTO THE DRIVEWAY AND BACK OUT AND PULL BACK OUT BECAUSE THEY CAN'T TURN AROUND, BECAUSE AGAIN, THE WAY THE ROAD IS AN EASEMENT, IT IS IN THE

[01:50:06]

THAT'S DIFFERENT BECAUSE YOU'VE ALREADY GOT VESTED PROPERTY RIGHTS. THIS APPLIES TO RE PLATS AS WELL. BUT WHAT WOULD SO BUT WHAT WOULD BE THE BASIS TO REPLAT. SO IF THEY'RE REPLANTIN, AS LONG AS THEY'RE THE TOTAL OWNER OF ALL THE PROPERTIES. SO IF SOMEBODY HAD A 50 ACRE PARCEL, WHICH WE DON'T HAVE A LOT OF, BUT LET'S SAY ONE OF THOSE 20 ACRE PARCELS IN SOUTH STUART, IF THEY CAME IN AND WANTED TO CHOP IT UP INTO 6000 SQUARE FOOT PARCELS AND THEY PUT ACCESS ROADS AND UTILITIES IN IT, HONESTLY, WHEN WE PRESENT THE PLATS TO THE BOARD FOR APPROVAL NOW IT'S PERFUNCTORY. IT'S GENERALLY FOLLOWING A SITE PLAN APPROVAL THAT HAS ALREADY TAKEN PLACE ANYWAY, SO I DON'T HAVE ANY PROBLEM WITH THAT BEING ADMINISTRATIVE. WHAT I HAVE THE PROBLEM WITH BEING ADMINISTRATIVE IS THE IDEA THAT SOMEONE COULD COME IN AND PLAT, AND THEN THEY INSTEAD OF A PUD, THEY SAY, WELL, THIS IS A PLATTED DEVELOPMENT, AND THEY CIRCUMVENT THE 25% UPLAND PRESERVATION. THEY CIRCUMVENT THE LANDSCAPE REQUIREMENTS OF ADDING TREES AND THEN JUST START BUILDING SINGLE FAMILY, YOU KNOW, THE SINGLE HOMES ON IT, WITHOUT TAKING INTO CONSIDERATION THE RELATIONSHIP TO THE OTHERS AND THE TRANSPORTATION NETWORK, THE PUD, MR. MAYOR, AND IN IN THE. OH, SORRY. GO AHEAD. MY QUESTION IS BOTH TO YOU AND TO THE CITY MANAGER. MY CONCERN TOO IS, IS THE REQUIREMENT TO HAVE A DEDICATED PERSON OR DEPARTMENT FOR ADMINISTRATING THIS. WELL, IT'S THE DEVELOPMENT DIRECTOR.

IT'S THAT THEY ALL HAVE THAT. SO WE IT WOULD BE THE DEVELOPMENT DIRECTOR. WE ALREADY HAVE IT.

TECHNICALLY IT DOESN'T HAVE TO BE A SEPARATE PERSON. NO. OH OKAY. AND SHE ALREADY HAS IT, RIGHT. YEAH. THE DEVELOPMENT DIRECTOR ALREADY HAS THE AUTHORITY TO DO THAT. YEAH. THE POINT IN THEM SAYING THAT IS THEY DON'T WANT YOU TO BE ABLE TO GO TO A TOWN. AND THEN EVERYONE SAYS, WELL, WE DON'T HAVE ANY THAT CAN DO IT ADMINISTRATIVELY FOR YOU.

WOULDN'T BE A BAD IDEA REALLY. ALTHOUGH BILLS LIKE THIS DON'T BEING SO DEVELOPED THAT WE ARE ALREADY AS A COMMUNITY, A BILL LIKE THIS DOESN'T INHERENTLY BRING WITH IT CERTAIN DANGERS.

IT'S MORE OF I WANT TO BE ABLE TO SHOW THE WHOLE PICTURE AND HOW CONSISTENT YOU'RE SEEING THIS OVER AND OVER AGAIN, THESE ADMINISTRATIVE APPROVALS THROUGHOUT THE PROCESS. AND I HAVE A COUPLE MORE EXAMPLES IN THE IN THE PRESENTATION. AND SO IT DIDN'T START PER SE WITH THE LIVE LOCAL ACT, BUT THAT WAS REALLY WHAT GENERATED THIS. AND FOR THE LAST THREE YEARS, AND THIS BEING THE THIRD SESSION, AFFORDABLE HOUSING AND LIVE LOCAL HAVE REALLY DOMINATED THIS SPACE. SO WITH THAT SAID, I'M GONNA GO ON TO THIS BILL, SB 1730, WHICH HAS ALSO PASSED OR IS ON, I SHOULD SAY, THE SENATE CALENDAR RIGHT NOW FOR PASSING. SO IT'S PASSED ALL THE ALL THE COMMITTEE PROCESS NOW IT'S ON THE FLOOR HAS A HIGH CHANCE OF PASSING. IT'S BEEN AMENDED. WHAT IT DOES RIGHT NOW IS IT DOES ADD CLARIFYING LANGUAGE TO WHAT DID PASS WITH THE LIVE LOCAL ACT.

ONE SUCH CLARITY OF LANGUAGE IS THAT FIRST POINT WHERE WE TALK ABOUT AUTHORIZING MULTIFAMILY AND MIXED USE RESIDENTIAL AS ALLOWABLE IN PORTIONS OF FLEXIBLY, FLEXIBLY ZONED AREAS AND REALLY IN ORIGINAL, ORIGINAL INITIAL MEETING READING OF LIVE LOCAL ACT. YOU PROBABLY WOULD HAVE INTERPRETED THAT ANYWAY. THEY'RE JUST TRYING TO CLOSE ANY POTENTIAL LOOPHOLE FOR LOCAL GOVERNMENTS AND HOME RULE TO GET AROUND THAT THROUGH PUD. SO THE SECOND POINT SPOKE TO WHAT MAYOR RICH SAID ABOUT THE PARKING. SO WE HAVE TO REDUCE PARKING BY 20% FOR ANY OF THE AFFORDABLE HOUSING DEVELOPMENTS THAT ARE UNDER LIVE LOCAL, THAT THAT WOULD BE A NEW REQUIREMENT THAT WASN'T THERE TWO YEARS AGO. WE ALSO THIS IS THE INTERESTING ONE, BECAUSE WE RECENTLY WENT THROUGH A SIX MONTH PROCESS WITH THE ZIP AND A MORATORIUM ESSENTIALLY ON DEVELOPMENT. NOW THEY'RE THEY'RE MAXING AND CAPPING IT AT THREE MONTHS. SO 90 DAYS. AND PRIOR TO DOING A MORATORIUM, YOU WOULD ACTUALLY HAVE TO HAVE A WHOLE NEEDS ASSESSMENT ON YOUR AFFORDABLE HOUSING IN YOUR COMMUNITY BEFORE EACH TIME YOU DO IT. SO AND SO. YOU CAN ONLY DO IT ONCE EVERY THREE YEARS. YOU CAN ONLY DO IT FOR 90 DAYS, WHICH IS NOW CUT IN HALF FROM THE MAX BEFORE. AND YOU HAVE TO HAVE THIS NEEDS ASSESSMENT, WHICH IN OUR SMALL CITY AND TOWNS MEANS WE HAVE TO PAY SOMEONE, USUALLY TO DO A NEEDS ASSESSMENT FOR US BEFORE WE DO THAT. AND THE ONLY EXCEPTION THAT THEY'VE ADDED TO THIS RULE IS IF IT HAS TO DO WITH THE UNAVAILABILITY OF PUBLIC FACILITIES OR SERVICES. IF YOU'RE DOING A MORATORIUM BECAUSE YOU'VE RUN OUT OF SERVICES AND THERE'S A LOT OF NATIONAL, EVEN NATIONAL CASE LAW THAT GOES INTO THAT. SO THEY THEY PUT IN A SPECIAL EXCEPTION FOR THOSE I CAN SEE IN THE FUTURE, YOU KNOW, POTENTIAL CLASHES AND PEOPLE MAKING THAT ARGUMENT. BUT NONETHELESS, WE'RE GOING TO SEE MORE ABOUT THIS

[01:55:04]

[02:00:04]

YOU KNOW THIS THIS BILL IS DUPLICATIVE AS FAR AS THAT POINT. WE'RE REQUIRING THIS REPORT. THERE'S ALSO GOING TO BE A REQUIREMENT. YOU'LL SEE FOR ALL OF THE LIVE LOCAL ACT DEVELOPMENTS THAT THAT WE CONTINUE THE REPORT ON THOSE EVERY YEAR. AND THAT INCLUDES ANY LITIGATION AGAINST US. SO THE STATE'S REALLY GOING TO BE TRACKING EVERY KIND OF ACTIVITY THAT INVOLVES THESE. SO WHAT THEY'RE TRYING TO DO IS BE ABLE TO SAY WHETHER OR NOT SOMEBODY IS INDIRECTLY OR DIRECTLY AFFECTING AFFORDABLE HOUSING DEVELOPMENTS BY DISCRIMINATION.

SO THAT'S THAT'S SOMETHING THAT WE HAVE TO BE MINDFUL OF IN THE FUTURE, THAT THEY'RE REALLY TYING THE HANDS OF LOCAL GOVERNMENTS AND THEIR DECISION PROCESS. SO THE NEXT SLIDE IS THE MOST IMPORTANT ONE. NOW I LEFT THIS UP THERE. BUT THANKFULLY I THINK IT WAS THURSDAY LAST WEEK. THE MOST CONCERNING LANGUAGE IN MY MIND IN THIS BILL WAS FINALLY REMOVED IN THE MOST RECENT AMENDMENT RIGHT BEFORE IT'S GOING TO THE FLOOR OF THE CHAMBER THERE, AND THAT WAS TO HAVE ALL URBAN INFILL DEVELOPMENT ANYWHERE BE ADMINISTRATIVELY APPROVED NO MATTER WHAT IT IS. AND IT'S A WIDE NET AS FAR AS WHAT QUALIFIED FOR URBAN DEVELOPMENT IN THIS BILL. IT DIDN'T REALLY REDEFINE IT OR WASN'T VERY SPECIFIC THERE. SO IT HAS BEEN REMOVED SINCE. BUT I LEFT IT IN THIS SLIDE ON PURPOSE, BECAUSE I WANT TO MAKE THE POINT OF THE DIRECTION THAT WE'RE SEEING THEM GO WITH THESE BILLS AND WHAT TO EXPECT IN THE FUTURE. YOU HAVE A QUESTION. SO OUR WE'RE IN A ZONING IN PROGRESS NOW. AND THE IDEA OF HAVING THE CERTAIN USES BE UNDER THE CONDITIONAL USE, THAT WOULD BE WHAT JUST GOT REMOVED HERE. YES. IF THAT HAD BECOME LAW, THAT WOULD NO LONGER THAT IT WOULD JUST VOID OUT ANY LOCAL ORDINANCE THAT HAS THAT AS A CONDITION. AND THE WORST PART ABOUT IT, OTHER THAN, YOU KNOW, CHANGING THE RESTRICTIONS, IS THAT YOU WOULDN'T HEAR IT. THERE WOULD BE NO TRANSPARENCY, THERE WOULD BE NO PUBLIC HEARINGS.

THERE'D BE NO OPPORTUNITY FOR PUBLIC COMMENT. IT WOULD LITERALLY JUST BE THERE. RIGHT.

AS LONG AS THEY MEET, YOU KNOW, THE BASIC CONDITIONS, PARKING, ALL THAT DENSITY, YOU WOULDN'T HEAR, IT WOULDN'T COME IN FRONT OF YOU. AND IF IT UPSET ANYONE IN THE PUBLIC, THEY'D WANT TO HAVE A FORMAL HEARING ON IT. YOU WOULDN'T BE ABLE TO DO SO. SO THAT'S SOMETHING THAT GOT REMOVED. CHANCES ARE THERE WAS A LOT OF COMPLAINTS ABOUT IT. MY CONCERN IS THIS IS NOT THE ONLY BILL THIS YEAR THAT THAT LANGUAGE ESSENTIALLY IN THERE WAS EARLY ON IN THE LEGISLATURE.

AND IT'S NOT ON MY LIST HERE BECAUSE THANKFULLY IT WENT DORMANT, BUT 1209 AND I'M TRYING TO THINK OF THE OTHER THE OTHER BILL NUMBER FOR THE SENATE SIDE, THEY WERE KIND OF COMPANION BILLS WITH EACH OTHER THAT WERE RUNNING WITH LANGUAGE THAT THAT WAS INCLUDED. NOW THEY WERE A LITTLE BIT MORE SPECIFIC ABOUT WHAT INFILL DEVELOPMENT WAS DEFINED AS. BUT NEVERTHELESS, THE FACT THAT WE'RE SEEING MULTIPLE BILLS WITH THIS LANGUAGE IN THERE TELLS ME THAT SOMEBODY BEHIND THE SCENES IS REALLY PUSHING THIS AS A PRIORITY, AND WE'RE GOING TO SEE IT AGAIN. AND, YOU KNOW, THERE WERE MANY YEARS THAT SOMEBODY TOLD ME THAT THE SOVEREIGN IMMUNITY BILL WASN'T GOING TO PASS. IT WASN'T GOING TO PASS THAT PROBABLY SPEND SEVEN, EIGHT YEARS IN A ROW. WELL, WHEN YOU SEE ONE OF MY LAST SLIDES, IT'S PASSING PROBABLY THIS YEAR. SO NEVER SAY NEVER. THEY JUST, YOU KNOW, PUSH IT A LITTLE BIT MORE, CHANGE IT EVERY YEAR. YEAH. MR. I HAVEN'T LOOKED AT THE, THE BILLS TO SEE THE VOTING THAT'S GOING ON NOW IS ARE OUR LOCAL REPRESENTATIVES SUPPORTING ANY OF THIS OR THE BILL THAT I SENT THE EMAIL ON FRIDAY EVENING HAS ALREADY PASSED THE SENATE AT 37 TO 0. SO NOBODY VOTED AGAINST IT. AND ACCORDING TO JORDAN

[02:05:08]

[02:10:03]

I'LL GET INTO THAT TOO. EVERYTHING THAT IS BEING TRANSFORMED OVER TO ADMINISTRATIVE PROCEDURE, THEY'RE ALSO TYING THE HANDS OF WHOEVER IS ADMINISTRATING, YOU KNOW, STAFF BASICALLY IN THESE CITIES AND COUNTIES RIGHT NOW, WE'RE NOT ALLOWED TO SAY, OH, THAT'S NOT A ZONING, IT'S INDUSTRIAL OR THAT'S OUT OF ZONING. THAT'S FOR SINGLE FAMILY. YOU CAN'T USE THAT FOR MULTIFAMILY. IF IT'S AN ADJACENT PARCEL, IT'S ADJACENT. AND AS LONG AS THEY QUALIFY UNDER LIVE LOCAL, THEY CAN THEY CAN INCLUDE THAT. SO IF A DEVELOPER BOUGHT TWO PARCELS, ONE ADJACENT TO THE OTHER, BUT ONE OF THE ONES THAT IS ADJACENT TO THE DEVELOPED PROPERTY IS ALSO ADJACENT TO SINGLE FAMILY. THERE'S WHERE THAT, YOU KNOW, MULTI STOREY BUILDING CAN GO. WHERE IS THIS ONE SITTING. THIS IS RIGHT NOW IN ITS FINAL COMMITTEE. LIKE JORDAN WAS SAYING. THEN IT'LL GO A LOT OF THE COMMITTEES ARE MEETING I THINK ON WEDNESDAY THIS WEEK. SO WE'LL BE KEEPING AN EYE ON 17TH. NO THIS IS THE THIS IS THE BUT THIS IS THE TRUE LIVE LOCAL ACT AMENDMENT. RIGHT. RIGHT. AND THERE HAVE BEEN A COUPLE OTHERS THAT WERE FILED THIS YEAR THAT THIS IS THE ONE THAT HAS BEEN AMENDED, I THINK, TEN TIMES NOW THAT THERE'S AT LEAST TEN AMENDMENTS THAT WERE FILED. SO IT'S GONE THROUGH A SUBSTANTIAL REVISION PROCESS LIKE THAT INFILL SECTION GETTING DELETED, WHICH WAS THE MOST IMPORTANT FOR US. AND IT HAS A SENATE MIRROR. SO. WELL, WITHOUT GETTING INTO THE POLITIC OF IT, WHAT I HAVE HEARD IS THAT SOME OF THESE BILLS ARE SO RADICAL BECAUSE THAT HOUSE MEMBER AND IT'S USUALLY COMING FROM THE HOUSE, THAT HOUSE MEMBER WANTS SOMETHING ON THE FINANCIAL SIDE IN THE BUDGET CONFERENCE. SO THEY'RE TAKING THESE RADICAL POLICY MEASURES AND SAYING, OKAY, WELL, I'LL AMEND THIS. IF YOU GIVE ME X. AND IT'S THAT HORSE TRADING THEY ALWAYS TALK ABOUT. SO OUR BEST HOPE RIGHT NOW IS THAT THERE'S A TRADE AND A LOT OF THIS DISAPPEARS AND IT BECOMES A NOTHING PIECE OF LEGISLATION. AND THAT PERSON GETS WHATEVER PROJECT THEY WERE HOPING TO GET FUNDED. SO BUT I THINK THAT'S KIND OF HOPEFUL CONSIDERING HOW MUCH IS LOADED IN HERE. SO THAT'S THAT'S 943.

THE NEXT ONE, WHICH THERE'S AN 1111 3511 OH, WAIT, THERE'S MORE. RIGHT. SO YEAH, AND I'M NOT TRYING TO BELABOR ALL THESE POINTS, BUT THIS ONE STUCK OUT TO ME BECAUSE IF I COULD GET THE PROJECTOR TO WORK TODAY. IT'S LIKE THE BATTERY MIGHT BE DYING ON ME. YEAH, I GOT IT. KICK IT.

THERE WE GO. SO. NORMALLY WHEN I SEE A BILL CALLED EMERGENCIES, I THINK THEY'RE ABOUT EMERGENCIES.

NO, NO. THAT'S DIFFERENT. ONE CONCERN THAT I HAVE HERE IS THAT YES, IT DOES START WITH THE PREMISE OF AN EMERGENCY, AS YOU CAN SEE. BUT THIS IS REALLY ABOUT LAND DEVELOPMENT REGULATIONS AND OUR ABILITY TO ADOPT THEM. THIS BILL WOULD PROHIBIT LOCAL GOVERNMENT IN ANY COUNTY AFFECTED BY THOSE THREE HURRICANES LAST YEAR FROM ADOPTING AND FORCING US, RIGHT? YES, WE WERE AFFECTED BY MILTON. SO YOU HAVE TO WHEN THE EMAIL I SENT YOU INCLUDED THE LINK TO THE FEDERAL PAGE. BUT THE COUNTY HAS TO HAVE BEEN DECLARED BY THE FEDERAL GOVERNMENT TO BE IN THE EMERGENCY. AND IF YOU LOOK UNDER THE MILTON ON THE LINK THAT I GAVE YOU, SAINT LUCIE AND MARTIN COUNTIES BOTH QUALIFY UNDER MILTON. SO WE DO QUALIFY UNDER THIS BILL. GOOD JOB. THOUGH IN MOST I THINK IT'S IMPORTANT TO SAY THAT MOST COUNTIES IN MOST YEARS. DO YOU HAVE A QUESTION OF I DO HAVE A QUESTION BECAUSE I READ I WENT TO AND READ THE ACTUAL BILL, AND THE WAY IT READS IS I'M NOT AN ATTORNEY AND I'M CERTAINLY NOT SOMEONE IN LEGISLATION, BUT IT READS THAT IT'S ONLY TWO YEARS. NO. WELL, IT HAS A LIGHT. IT SETS IN 27. I THINK OCTOBER 27TH IS THE LAST TIME YOU CAN REGULATE, BECAUSE JANUARY OF 28 IS WHEN IT SUNSETS. THE WAY IT READS IS THAT WE CAN'T DO ANY RESTRICTIONS TO HOMES THAT WERE DEVASTATED OR NEED FIXING UNDER A HURRICANE. IT DOESN'T SAY THE WHOLE COUNTY. SO IT SAYS IN THE COUNTY WHERE HOMES WERE DEVASTATED, YOU CAN'T. FOR EXAMPLE, WHAT COMP PLAN AMENDMENT COULD YOU MAKE THAT WOULDN'T AFFECT ALL HOMES? RIGHT. WELL, WHAT I'M SAYING IS SO WHEN IT SAYS YOU CAN'T MAKE A COMP PLAN AMENDMENT, IF YOU MADE A COMP PLAN AMENDMENT RELATED TO JUST THE HOMES THAT WERE AFFECTED BY THE HURRICANE, IT WOULD BE ILLEGAL AND BE VOID. SO YOU CAN'T DO THAT. A COMP PLAN AMENDMENT IS A GLOBAL THING AND IT SAYS COMP PLAN AMENDMENT. SO IT SHOWS THAT THE LEGISLATIVE INTENT IS CLEARLY TO NOT JUST BE LIMITED TO THAT. AND THAT'S A COMMISSIONER JOB'S POINT. I WILL SAY THIS. THIS ONE WENT UNDER THE RADAR ALMOST THE WHOLE SESSION THUS FAR, BECAUSE EARLY ON, WE BELIEVE THAT THE LANGUAGE WAS MORE SUFFICIENTLY TRYING TO TARGET THOSE HOME AND HOME OWNERS THAT WERE INJURED UNDER EMERGENCY. BUT SUDDENLY THIS LANGUAGE APPEARED AS AN AMENDMENT, OF COURSE, GOT APPROVED AND ALL THAT, THAT BASICALLY COMPLETE FOR THREE

[02:15:04]

RIGHT. YEAH. THAT'S TRUE. SO AGAIN, THE FIRST YEAR WE WOULD BE ABLE TO DO THAT WOULD BE OCTOBER 1ST, 2020. GRANTED. YEAH. TO THAT POINT, YEAH. IF A LANDOWNER CAME IN AND SAID, I WANT TO REDUCE MY DENSITY, OKAY. BUT BUT HE WOULDN'T. NO HE WOULDN'T IF A LANDOWNER CAME IN AND SAID I WANTED TO CHANGE MY COMPREHENSIVE, MY FUTURE LAND USE FROM AG TO MULTIFAMILY, OR I WANT TO CHANGE MY FUTURE LAND USE FROM INDUSTRIAL TO COMMERCIAL OR SOMETHING OF THAT NATURE. THE, THE GOVERNMENT HAS THE ABILITY TO CONSIDER THAT KIND OF COMPREHENSIVE LAND USE AMENDMENT IF IT WAS APPLIED FOR JUST AS IF A LANDOWNER CAME IN AND CHANGED, LIKE USING A STEWART, BECAUSE IT'S ON OUR MINDS. AND SOMEBODY CAME IN AND SAID, I WANT TO CHANGE MY APPLICATION FROM SFD TO MAKE MY PROPERTY FROM SINGLE FAMILY DUPLEX, TO MAKE IT BMI OR BMI.

YOU, THE COMMISSION COULD CONTEMPLATE THAT BECAUSE THE APPLICANT CAME IN AND ASKED FOR IT, BUT THE CITY COMMISSION CAN'T SAY WE'RE GOING TO CHANGE THAT. LAND USE OR ZONING TO THI.

THEN SOMEBODY IN SAINT PETERSBURG. LUCIFER WHO? LUCIFER. OH, MISTER HOGARTH, DO YOU KNOW WHO SPONSORED THIS? I CAN THE HOUSE. I MEAN, I DON'T KNOW, OFF THE TOP OF MY HEAD, I DON'T KNOW, I CAN LOOK IT UP. YEAH, I DON'T KNOW WHICH ONE. THIS IS THE ONE THAT'S SITTING IN THE AFFAIRS STATE AFFAIRS COMMITTEE RIGHT THERE. AND JOHN SNYDER IS ON THAT COMMITTEE.

YEAH, IT'S IN THE FINAL COMMITTEE. SO IF HE PICKS UP ANY OF THE PHONE, THE PHONE FOR ANY OF YOU GUYS ARE TRYING TO GET A HOLD OF HIM FOR LIKE TWO MONTHS OR SOMETHING ELSE, I'LL CALL IT.

HE'S HE'S ON THAT COMMITTEE. SO IT'S IMPORTANT TO REMEMBER, THOUGH, THAT THIS BILL DOES A LOT MORE THAN THIS. THIS IS A VERY, VERY SMALL SECTION. YEAH. THIS IS PAGE 57. SECTION 30.

RIGHT. PAGE 50. JUST TAKE OUT THE ZONING PROGRESS LANGUAGE. SO THE REASON. YEAH. AND I MEAN THAT'S THE WAY TO GO ABOUT IT TN AMENDMENT. BUT IT'S IMPORTANT TO NOTE THAT WE'RE SEEING THIS MORE. AND I HAVE ANOTHER BILL. I'M GOING TO GIVE YOU AN EXAMPLE WHERE THEY WHERE FOUR YEARS AGO IT WAS A SINGLE ITSELF, BILL. IT WAS EXCLUSIVE BY ITSELF. AND NOW IT'S BEEN PUT IN A BILL THAT DOESN'T EVEN HAVE ANYTHING TO DO WITH. THAT'S THE LAST ONE. BUT GAYLE HARRELL ALREADY VOTED ON THIS. SO 37 ZERO. I DON'T KNOW IF SHE VOTED OR NOT. I JUST KNOW THAT THE OUTCOME WAS 32. TO BE FAIR TO THE LEGISLATORS, FOR TRACKING PURPOSES, YES, THERE IS A VOTE HISTORY. WE TYPICALLY, AT LEAST IN THE STATE OF FLORIDA, DON'T ACCOUNT FOR THE COMMITTEE VOTES BECAUSE. SO IT'S JUST SO OFTEN THE COMMITTEE SAY, YOU KNOW, I MAY NOT AGREE OR I AGREE, I'M JUST VOTING TO MOVE

[02:20:01]

USE UP THAT MONEY AND GET IT. MOST PEOPLE UNDERSTOOD THAT THIS IS HOW THE LANGUAGE NEEDED TO BE, THAT YEAH, THIS COULD HAVE BEEN OBJECTION TO THE CRA COME CAME FROM ONE HOUSE MEMBER OVER A PARADE. MAYBE THEY'LL CHANGE THIS. VERY WELL. COULD HAVE BEEN A HORSE TRADE TOO, AT THE END OF THE DAY. SO EXACTLY. I'M NOT GOING TO SPEAK ANY MORE ABOUT IT. THAT'S ESSENTIALLY WHAT THE BILL WOULD HAVE DONE YOUR JOB. DO YOU HAVE A QUESTION? ACTUALLY, I JUST WANT TO GO BACK. HB 1535 WAS SPONSORED BY REPRESENTATIVE FIONA MCFARLAND. OKAY. DON'T KNOW HER. SO IT WASN'T LUCIFER. SORRY. IT WASN'T PERSONAL CO-SPONSORS. YEAH. IT COULD BE CO-SPONSORED BY LUCIFER. IT'S AN ODD SLIDE. I KNOW I'M HAVING A HECK OF A TIME WITH THIS. SO IMPACT FEES. I'M NOT GOING TO SPEND TIME ON THIS EITHER. BASICALLY, THEY JUST WANT TO ESTABLISH A NEW PLAN BASED METHODOLOGY. WHENEVER WE MAKE INCREASING IMPACT FEES IN THE FUTURE. I DON'T THINK IT'S A I DON'T THINK IT'S GOING TO IMPACT US TOO MUCH. I JUST KEPT IT ON HERE BECAUSE, AGAIN, I SUSPECT WITH IMPACT FEES, WE'RE GOING TO SEE MORE CHANGES IN THE FUTURE THAT THAT ARE WORSE THAN THIS. THEY'RE THEY'RE JUST STARTING THE PROCESS. SO THIS IS LIKE A LOOKOUT IN THE FUTURE.

AND IF I CAN GET THIS TO WORK. SAME THING WITH THIS BILL. IT DID HAVE LEGS EARLY. AND IN THE LAST COUPLE OF WEEKS IT SORT OF HAS COMPLETELY DIED OUT. SO I THINK THE PROBABILITY OF THIS ACTUALLY PASSING IS NOW GOING TO BE LESS THAN 50%. BUT I KEPT IT ON HERE BECAUSE WE'RE WE'RE REALLY SEEING THE REVENUE GENERATIONS FOR LOCAL GOVERNMENTS BE KIND OF STRANGLED IN DIFFERENT WAYS BY THE STATE, WHICH IS PRETTY HARMFUL TO US WHEN WE ALREADY ARE SO LIMITED.

AND SO FOR LOCAL BUSINESS TAXES, WHAT THEY WANTED TO DO WAS THE CRAZIEST BILL. IT MADE NO SENSE.

IF YOU THINK OF LIKE COMMUNITY, LIKE INDIANTOWN, WHICH IS GROWING WITH SO MANY RIGHT THERE, THEIR THEIR TOTAL REVENUE WOULD BE FROZEN AT THAT. EXACTLY. AND SO THIS ISN'T THE FIRST TIME THAT PART OF THE LANGUAGE HAS BEEN IN A BILL. WE'VE SEEN THIS THE LAST COUPLE OF YEARS. AND AGAIN YOU'RE PROBABLY GOING TO SEE IT AGAIN I DON'T KNOW. IT'S DIFFERENT LEGISLATORS PUSHING THIS TOO. SO IT'S NOT FROM ONE PLACE COMPETITION TO SHOW WHO CAN DO THE MOST SAVINGS TO THE TAXPAYER WITHOUT TAKING INTO CONSIDERATION THE RESPONSIBILITY TO PROVIDE SERVICES. EXACTLY RIGHT. AND WHAT'S THE FEE THAT WE CHARGE? IT'S NOT 150. IT'S OUR BUSINESS. TAXES RANGE FROM $25 TO $100. IT'S SO NOMINAL. SO YOUR BUSINESS CAN'T AFFORD THAT.

YOU KNOW, YOU PROBABLY SHOULDN'T BE IN BUSINESS. THE ONLY BUSINESSES LIKE COSTCO WITH THE LARGE RETAIL ORGANIZATIONS ARE THE ONES THAT ARE THE MOST AFFECTED, BECAUSE ENORMOUS AMOUNT OF MONEY, BECAUSE OF THE GROSS RECEIPTS FOR THEIR SALES, WHICH IRONICALLY ENOUGH, AT THE BOTTOM OF THIS, YOU'LL SEE THAT THEY, THEY SAY, EXEMPTS BUSINESS TAXES THAT ARE IMPOSED ON MERCHANTS THAT ARE MEASURED BY GROSS RECEIPTS. SO THAT WOULD STILL BE IN EFFECT. IT WAS JUST BUT IT'S ALSO THE ONLY WAY THE CITY CAN KEEP TRACK OF THE BUSINESSES THAT ARE IN THE CITY THAT, AS MR. MARTELL SAYS, WE HAVE A RESPONSIBILITY FOR. WELL, IT'S ALSO INSPECTIONS AND ALSO ALL OF THAT. YEAH, IT'S LIKE SO IT'S CRAZY. SO THAT BILL IS PROBABLY NOT BASS. IF I HAD TO

[02:25:04]

THE I MEAN I MEAN I DON'T MIND STUFF SUNSETTING. THAT DOESN'T BOTHER ME. YEAH. AS LONG AS YOU CAN RENEW IT. IF YOU. SO CHOOSES RIGHT. YEAH. OKAY. I THINK THEY WERE CONCERNED ABOUT SOME OF THE, THE LEGAL RAMIFICATIONS OF, OF CONFLICTS WITH BOND. SO I THINK THAT WAS PART OF WHY THEY DID THAT. AND THEN THE LAST TWO BILLS, IF I CAN GET IT TO GO THE BIG THE BIG ONES, THE SOVEREIGN IMMUNITY BILL, THIS IS SUPER CONCERNING FOR US FINANCIALLY BECAUSE IF YOU LOOK AT THE CHANGES, IT'S GOING TO BASICALLY COME OCTOBER, ALMOST TRIPLE WHILE TRIPLE IF YOU CONSIDER MULTIPLE CLAIMS, BUT THE POTENTIAL EXPOSURE IS GOING TO GO UP. WE DON'T KNOW. AND I'VE TALKED TO JOLIE MANY TIMES ABOUT IT ALREADY. CUT IT WAY DOWN. SO WE'RE GOING FROM 200,000 FOR ANY TORTIOUS CLAIM FOR ONE PERSON, OR 300,000 FOR MULTIPLE CLAIMS ARISING OUT OF THE SAME INCIDENT. SO STARTING OCTOBER OF EVEN THIS YEAR, 200 JUMPS TO 500, THE 300,000 JUMPS TO 1 MILLION. ORIGINALLY, WHEN THIS BILL WAS DRAFTED, IT WAS EVEN WORSE ONCE THE FIVE YEARS WENT BY. YEAH, THAT WENT TO 3 MILLION, WHICH WOULD HAVE BEEN TEN TIMES WHAT IT IS TODAY IN FIVE YEARS. SO SUBSTANTIALLY DIFFERENT WITH THIS. THIS IS THIS IS ALWAYS A VERY SILLY NAME TO ME. IT MEANS IT DOESN'T DOESN'T MEAN IMMUNITY AT ALL. BUT, YOU KNOW, THERE'S SOME SMALLER MUNICIPALITIES BECAUSE THE, THE SECOND PHASE, LIKE THE 200, 300, IF THERE'S FOUR PEOPLE IN A CAR ACCIDENT, IT'S A CAP OF $300,000 TOTAL FOR THOSE FOUR PEOPLE. AND I KNOW THAT, LIKE, PERSONALLY, I CARRY $1 MILLION UMBRELLA TO MAKE SURE THAT. AND SO THE CITY OF STUART ONLY HAD TO HAVE A $200,000 POLICY. ESSENTIALLY, WE ALWAYS HAD $1 MILLION POLICY. BUT WHILE I DON'T LIKE THE NUMBER GOING UP BECAUSE IT EXPOSES US TO MORE LIABILITY, AND IT ALSO IT COSTS MORE FOR US. OBVIOUSLY, THE TRUTH OF IT IS, IS THAT IT HASN'T GONE UP SIGNIFICANTLY IN THE LAST. WE HAD ONE INCREASE A FEW YEARS AGO, 100 TO 200. RIGHT. BUT THE OTHER SIDE TO IT IS, IS THAT LAST YEAR THEY HAD EXTENSIVE TORT REFORM AND THEY REDUCED THE STATUTE OF LIMITATIONS TO TWO YEARS. AND THEY CHANGED THE BURDEN OF PROOF AND, AND ALL SORTS OF OTHER STUFF THAT COULD REDUCE EXPOSURE AND REDUCE CLAIMS OVER THE LONG RUN. SO IT'LL HAVE TO BALANCE OUT. I DON'T I'M MORE CONCERNED ABOUT THE OTHER BILLS PERSONALLY THAN THIS ONE. YOU KNOW, THE CRA BILL AND THE BUSINESS TAX BILL. RIGHT. BE FINANCIAL HITS RIGHT UP FRONT. AND THEN THE YOU KNOW, WHEN YOU GET THESE ADMINISTRATIVE ZONING BILLS WHERE YOU JUST NOBODY KNOWS WHAT'S HAPPENING AND EVERYTHING'S JUST COMING FORWARD IS THAT'S A DISASTER. I JUST MY CONCERN WITH A BILL LIKE THIS IS WELL MIKE IS CORRECT THAT THERE HAVE BEEN LIMITATIONS, INCLUDING THE STATUTE OF LIMITATIONS ACTUALLY BEING REDUCED FROM, I THINK, 3 TO 2 YEARS. AND IN SOME INSTANCES, WE'RE ALSO SEEING IN SOME OF THESE DEVELOPMENT BILLS EXPOSURES BEING PURPOSELY INCREASED IN DIFFERENT WAYS SO THAT THESE WOULD APPLY, I MEAN, AT THE END AND FOR THE PUBLIC THAT THAT MIGHT NOT BE AWARE WHAT SOVEREIGN IMMUNITY IS. THIS IS WHERE THE GOVERNMENT DEFINES THE CONDITIONS IN WHICH IT ALLOWS SOMEONE WHO HAS BEEN, WHO HAS A GRIEVANCE AGAINST THE GOVERNMENT TO SUE THAT GOVERNMENT. SO WE'RE ALLOWING OURSELVES TO BE SUED, BUT WE DON'T. THE STATE LEGISLATURE DEFINES THE TERMS IN WHICH WE'RE ALLOWED TO BE SUED UNDER GENERAL LAWS OR SPECIAL LAWS. SO. SO, MR. MITCHELL, OUR INSURANCE BILL, IF THIS WERE TO PASS IT IS

[02:30:04]

WHAT. AND WE HAVE DISCUSSED IT AT TRICO MEETINGS. IT'LL IT'LL CAUSE IT TO GO UP FOR SURE. I THINK IT'LL INCREASE CLAIMS FOR SURE. INDIVIDUAL CLAIMS WILL GO UP. SURE. THERE'S A DISINCENTIVE TO HAVE A LARGE CLAIM WITH A $200,000 CAP. WITH PLAINTIFFS ATTORNEYS, YOU MOVE IT TO 500 AND A MILLION. THERE'S GOING TO BE AN INCENTIVE FOR PLAINTIFF'S ATTORNEYS TO MAKE IT A BIGGER CLAIM. SURE, THERE'S MOTIVATION TO SETTLE BEFORE YEAH, WAS BETTER BECAUSE THEY YOU KNOW, IF YOU OFFER THEM 150, 160 GRAND, WELL, IT'S NOT WORTH GOING TO TRIAL. BUT IF IT'S A $350,000 CLAIM, THEY'RE NOT GOING TO TAKE 175 ANYMORE. THEY'RE GOING TO TAKE THE TAKE THE RISK, GO THE DISTANCE. AND PLAINTIFFS DOCTORS THAT DO IT ON A CONTINGENCY BASIS AS WELL, WILL KEEP THEIR BILLS DOWN AT 200 VERSUS 500,000. THEY CAN LET IT RIP. YEAH. SO OKAY WELL THAT'S THAT GOOD NEWS. SO MUCH FOR THE LIGHTER NEWS ON THAT ON THAT SIDE. BUT THE LAST ONE IS THE ONE THAT I WANTED TO MENTION. I DON'T KNOW IF IT'S GOING TO PASS, BUT WHAT WAS MOST CONCERNING OTHER THAN THE FACT THAT SORRY, I'M TRYING TO GET BACK TO THE SLIDE THAT THAT THEY'RE TRYING TO ELIMINATE REGIONAL PLANNING COUNCILS WAS THE FACT THAT THAT'S NOT WHAT THE BILL IS ACTUALLY CALLED. IT HAS TO DO WITH RURAL AND URBAN BUSINESS ENTERPRISE. AND THAT DOES MAKE UP A LOT OF THE BILL. BUT THIS MAKES UP A SUBSTANTIAL PORTION TOO. AND THEY ADDED THIS IN HERE. BUT FOUR YEARS AGO IN 2021 THIS WAS A STANDALONE BILL. TODAY IT GETS KIND OF PUT INTO THIS LARGER BILL THAT ACTUALLY HAS TO DO WITH STATE AGENCY REFORMS. AND, YOU KNOW, I MEAN, I FORGET HOW BIG THE BILL IS. IT'S MASSIVE COMPARATIVE TO THE OTHERS. AND ALL OF A SUDDEN OUT OF NOWHERE, REGIONAL PLANNING COUNCIL IS ELIMINATED. BUT LOCAL GOVERNMENTS CAN CREATE THEIR OWN AND THEY WILL CENTRALIZE LAND DEVELOPMENT REGULATIONS, ASSISTANCE UNDER THE STATE LAND PLANNING AGENCY TO THE GREATEST EXTENT POSSIBLE. SO FOR THE PUBLIC, WE GET ASSISTANCE IN PLANNING. WHEN WE DID THE RECENT CODE CHANGE, NOT NOT THROUGH THE ZIPP, BUT LAST YEAR WE APPROVED THE FORM BASED CODE. A LOT OF THAT CAME FROM, YOU KNOW, BEING A SMALL CITY, A LOT OF THE ASSISTANCE COMES FROM THE REGIONAL PLANNING COUNCIL AND THEIR TECHNICAL EXPERTISE. SO EFFECTIVELY, REGIONAL PLANNING COUNCILS ASSIST SMALLER GOVERNMENTS WITH BEING ABLE TO, TO HELP MANAGE THEIR THEIR DEVELOPMENT REGULATIONS. WELL, IF THEY DON'T EXIST, THEN IT'S REALLY UP TO THE CITY. AND I GUESS THE STATE IN THOSE OTHER DEVELOPMENTS WAS SAYING, WELL, THOSE OTHER BILLS WAS SAYING, WELL, THEY'RE GOING TO DO A LOT OF THE REGULATIONS UP AT THE STATE. SO I GUESS WHAT DO WE NEED ASSISTANCE WITH? SO IT KIND OF GOES HAND IN HAND WHERE YOU'RE SEEING THIS WHOLE THEMATICALLY STRIPPING OF CITY GOVERNMENTS AND COUNCILS WITH THE AUTHORITY TO KIND OF DETERMINE HOW THEIR COMMUNITIES LOOK. IT'S JUST SO PIECEMEALED AND OBVIOUSLY THE BOILING FROG METAPHOR IS USED OFTEN. BUT WHAT WE'VE SEEN OVER THE LAST THREE YEARS IN PARTICULAR, BUT THE LAST SEVERAL YEARS, IS THAT STRIPPING AWAY OF LOCAL HOME RULE. AND SO I THINK THAT BILL WAS JUST REALLY REMINISCENT OF WHAT USED TO BE NORMAL, WHICH IS A SINGULAR ISSUE BILL THAT TALKS ABOUT THE SINGLE ISSUE. AND NOW THEY'RE KIND OF, YOU KNOW, STUFFING IT INTO OTHER PACKAGES AND YOU CAN'T SEE. YEAH, I GUESS YOU KIND OF BROUGHT IT UP, BUT I WAS WONDERING WHO WAS WHERE WAS THE MONEY GOING TO COME FROM TO CREATE THESE ENTITIES. AND YOU KNOW, WHO'S GOING TO FUND IT? PRIMARILY RIGHT NOW, REGIONAL PLANNING COUNCILS ARE FUNDED BY, YOU KNOW, FEDERAL GRANTS. IT'S FUNDED BY STATE AND LOCAL GOVERNMENTS AS WELL. THERE'S ASSISTANCE, I THINK I THINK IF ANYTHING, THIS IS THE STATE PUTTING THE ENTIRE ONUS ON LOCAL GOVERNMENTS TO GET THEMSELVES TOGETHER, CREATE THEIR OWN REGIONS, CREATE THEIR OWN SYSTE, AND COMPLETELY, YEAH, DIVORCE THE STATE FROM THAT PROCESS BECAUSE THE WAY THE STATE IS GOING TO SEE IT IN THE FUTURE IS THEIR THEIR LAND PLANNING AGENCY ARE THE EXPERTS ARE THE ONES REVIEWING. WHAT DO WE NEED THIS MIDDLEMAN FOR. SO INTERESTING COMMISSIONER JOB QUESTION. HAS IT BEEN OR WILL IT BE. WILL THIS BE PRESENTED TO THE CRA, THE CRB, THE LOCAL PLANNING ADVISORY? NONE OF OUR ADVISORY BOARDS? IS THERE A WAY TO AT LEAST NOTIFY THEM TO WATCH THIS SO THAT THEY COULD SEE THEY'RE WATCHING IT? I MEAN, I MEAN, THIS IS A THIS IS AN ANNUAL THING WE GO THROUGH. AND ONCE THE ONCE THE BILLS ARE ADOPTED, ANY CHANGES WILL BE PRESENTED TO THEM, OBVIOUSLY. BUT QUITE FRANKLY, IF THE IF THE TWO BILLS GET ADOPTED, THERE WON'T BE A LOT OF LPA MEETINGS, RIGHT? THERE MAY NOT BE MANY COMMISSIONERS NEEDED EITHER. AND THAT AGAIN, WHAT I WANTED TO GET ACROSS WITH THIS PRESENTATION IS, REGARDLESS OF WHICH ONE OF THESE BILLS PASSED, THE DIRECTION THAT WE'RE SEEING, THE AIMS THAT THEY HAVE IN THE LEGISLATURE RIGHT NOW IN TALLAHASSEE ARE VERY CLEAR, AND IT'S IMPORTANT TO KIND OF KEEP THAT IN MIND WHEN YOU'RE HAVING OUTSIDE DISCUSSIONS WITH OUR LEGISLATORS AND OTHERS IN OTHER JURISDICTIONS ABOUT THE PRESSURE THEY'RE UNDER TO GO THAT DIRECTION. AND THAT'S IT. THAT'S IT FOR MY PRESENTATION FOR TODAY. WHERE DOES THE PRESSURE COME FROM? LOBBYISTS,

[02:35:04]

THAT'S. LOBBYISTS. MY MORTGAGE IS LESS THAN THAT. YEAH. YOU GET MORE THAN THE SCALE OF THE ECONOMY OF SCALE WILL GO DOWN. THE DEVELOPERS ARGUMENTS FOR WHAT IT'S WORTH, I'M NOT TRYING TO PLAY DEVIL'S ADVOCATE FOR THEM. IT'S JUST THEIR ARGUMENT IS ESSENTIALLY WHEN WE GO TO CITY X, THEY TELL US ONE THING. WHEN WE GO TO THE NEXT TOWN OVER, THEY TELL US ANOTHER THING, AND WE HAVE TO CONSTANTLY ADAPT OURSELVES. WHY CAN'T WE JUST HAVE A UNIFORM SYSTEM IN THE WHOLE STATE? AND THAT'S WHAT THEY KEEP. I UNDERSTAND WHERE THEY'RE COMING FROM, BUT THAT'S WHAT MAKES THE CITY UNIQUE, RIGHT? SMALL TOWN. RIGHT. SO ANY OTHER QUESTIONS OF MR. HOGARTH?

[CONSENT CALENDAR]

RICH. YES. VICE MAYOR. COLLINS. YES. AND. COMMISSIONER. CLARK. YES. MR. BHAGAT, COULD YOU READ

[10. RATIFICATION OF EAST STUART HISTORICAL ADVISORY COMMITTEE MEMBER (RC): RESOLUTION No. 43-2025; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPOINTING THE ADVISORY BOARD MEMBER, PEARLIE CLARK, FOR THE VACANT POSITION OF THE EAST STUART HISTORICAL ADVISORY COMMITTEE AND ADOPTING THE MEMBER TERM FOR THE REMAINING 2025 CALENDAR YEAR; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.]

GOBI. YES, COMMISSIONER. CLARK. YES, COMMISSIONER. READ. YES. AND VICE MAYOR COLLINS. YES.

CONGRATULATIONS. DO YOU WANT TO SAY SOMETHING? WE DID THAT EARLY IN THE MEETING. WE HAD. WE HAD APPOINTED MIKE. WELL, IT WAS NOT AN AGENDA ITEM. WE HAD PUBLIC COMMENT. NO. OH. OH, LET HER TALK. WHY DON'T WE? WHICH ITEM? MISS MCBRIDE? PUBLIC NOT AGENDA RELATED. YES, WE PROVIDED OPPORTUNITY FOR THAT TALK ON THE AGENDA. OH, NO, I HAVE NOTHING. OKAY. THANK YOU. AND I ENJOY SO MUCH. ENJOY SPENDING TIME WITH THE FOUR OF YOU THAT I'LL SEE YOU ALL ON WEDNESDAY. CAN I? BEFORE WE DISMISS, I WANTED TO ASK. CURLY WANTS TO SAY SOMETHING. SURE. OKAY. AFTER THAT. SORRY. MISS CLARK WANTS TO SAY SOMETHING. BOARD MEMBER. CLARK. BOARD MEMBER. CLARK. IT'S INDEED A PLEASURE TO BE. OKAY. THERE YOU GO. THERE YOU GO. THANK YOU. MISS CLARK. IT IS INDEED A PLEASURE TO BE APPOINTED TO THIS COMMISSION. AND I'VE BEEN WITH THE CITY FOR A WHILE. ATTORNEY MARTEL. AND SO I'LL DO MY BEST TO DO WHATEVER'S NECESSARY AND WHATEVER IS FOR ME TO QUALIFY TO DO THIS JOB. AND FOR BACKGROUND PURPOSES, MISS CLARK HAS SERVED AS OUR DESIGNEE FOR THE STEWART HOUSING AUTHORITY FOR MANY YEARS, AND SHE ALSO SERVED ON THE SERB BOARD FOR MANY YEARS. SO SHE'S BEEN A AN AVID VOLUNTEER FOR THE CITY. SHE'S THE MOTHER OF THE EDITOR OF THE PALM BEACH POST. WELL, CONGRATULATIONS, MISS CLARK. WE LOOK FORWARD TO YOUR

[PRESENTATIONS (Part 3 of 3)]

[02:40:06]

NOW THE SENATE THE SENATE IS TAKING THAT UP, I THINK, THIS WEEK FOR THE PLANNING BILL. 784.

OKAY. I DON'T KNOW IF WE CAN DO ANYTHING SO IN TIME FOR THOSE BILLS, BUT AT LEAST IF WE HAD A FORMAL RESOLVE WITH THE FIVE OF US OR THE MAJORITY OF US, I THINK THAT WOULD GIVE A LITTLE MORE PUNCH. IF, YOU KNOW, WE'RE TALKING TO JORDAN CONNORS OR MIKE'S TALKING TO JOHN, IT DOES CREATE A UNIFIED FRONT GOING INTO THAT VOTE. WOULD YOU PREFER IT IF I, IF I WELL, BECAUSE THE ISSUE IS, IS TIMING AND SO I, I DRAFT LANGUAGE AND THEN YOU ALL DON'T SEE THE LANGUAGE I DRAFT OR MIKE DRAFTS OR EARLY DRAFTS. AND THEN WE TRY TO WE TRY TO SEND SOMETHING. I MEAN, I THINK THAT WE AUTHORIZE US TO SEND THE NOTICE AND HAVE THE MAYOR SIGN THE RESOLUTIONS AND UPON APPROVAL OF THE CITY ATTORNEY, WITHOUT COMING BACK TO THE BOARD FOR APPROVAL. OR YOU CAN JUST CALL THE LEGISLATURE YOURSELF. THAT'S WHAT I'M SAYING, FOR SURE. BUT THAT'S THAT'S HIS ROLE. IT'S THOSE OF YOU WHO WISH TO DO IT. FORTUNATELY, THEY DON'T PICK UP THE PHONE. BUT I WILL SAY, AS A CITY, I WOULD LIKE US TO IN A UNIFIED, IF YOU CALL JOHN SNYDER, HE WON'T TALK TO YOU. THEY DON'T PICK THESE GUYS. DON'T PICK UP THE PHONE. I TRIED FOR TWO MONTHS. WOW. OKAY.

FOR WHAT IT'S WORTH, THE RESOLUTIONS HAVE ALWAYS BEEN MORE OF LIKE A LIKE A PUBLIC STATEMENT. AND. AND THEY SHOW WHERE YOU WERE THAT YOU, AS A COMMISSION HAVE AS A POSITION ON A PARTICULAR PIECE OF LEGISLATION. I MY ONLY THING, MY ONLY THOUGHT PROCESS IS THAT A COUPLE OF THESE BILLS HAVE ALREADY GOTTEN SO FAR. WE COULD STILL I MEAN, DON'T GET ME WRONG, WE COULD STILL SAY IT BY RESOLUTION, BUT THE MOST IMPORTANT ONE THAT WE STILL HAVE TIME TO AFFECT ARE THE 943 AND THE IN THE 1535 BILL. THOSE TWO BILLS ARE THE BIG THE ONES WE'RE MOST CONCERNED WITH. BUT ALSO 1730 IS HOW FAR WAS 1730. THAT'S THAT'S GETTING VOTED ON ON THE FLOOR. SO IT'S NOT EVEN IN THE COMMITTEE TO GET CHANGED. SO IT'S THOSE ARE ONES THAT HAVE ALREADY BEEN KIND OF DECIDED ON 943 HAS BEEN AMENDED SO MUCH. THERE'S A POTENTIAL THAT THAT COULD STILL GRIND TO A HALT. AND THERE'S BEEN A LOT OF PUSHBACK ON THAT. ONE 1535 WAS ONE THAT JUST BLEW UP OUT OF NOWHERE, AND NOW THE LEAGUE'S ALL OVER IT AND A LOT OF OTHER AGENCIES. SO WE THOSE ARE THE TWO THAT WE HAVE THE BIGGEST. 1730 WAS THE LIVE LOCAL. IT'S A SMALL LIVE LOCAL BILL COMPARED TO 940 VERY TINY BECAUSE WHAT IT WAS DEALING WITH WAS THE MORATORIUM LIMITING MORATORIUMS IN THE FUTURE. THAT WAS LIKE THE PRIMARY CHANGE IN THAT BILL. AND A LITTLE BIT OF CLARIFYING LANGUAGE IN THE LIVE LOCAL. BUT IT WAS NOT NEARLY AS CONCERNING AS IS. 943. SO MY ASK WOULD BE, IF EVERYBODY'S ON THE SAME PAGE, 1535 943, BUT ALSO 1730, IF YOU GUYS COULD BANG THOSE OUT WITHOUT US HAVING TO COME BACK. 943. 1730. YEAH. OKAY. I DON'T AGREE TO THAT. YOU DO NOT HAVE TO VOTE. NO, I THINK WE SHOULD JUST. I DON'T AGREE TO THAT. LET IT GO THROUGH. SO. SO THEN I'D LIKE TO MAKE. DO YOU WOULD YOU LIKE A MOTION OR CONSENSUS TO HAVE A MOTION? YOU CAN MAKE A MOTION. MAYOR, I'D LIKE TO MAKE A MOTION THAT WE DRAFT THOSE LETTERS IN THE FORM OF A RESOLUTION AS WELL. FOR HB 1535, HB 943, AND SB 1730. AND YOU GUYS CAN GET THAT OUT WITHOUT OUR. AND YOU WANT ALL THREE OF THEM TO BE SEPARATE, SEPARATE RESOLUTIONS. OKAY. I'LL SECOND THAT FOR YOU TOO. THANK YOU SIR. IS THAT SAYING THAT WE'RE AGAINST THE. YES. THE WAY THAT THINGS ARE, WE'RE WE'RE TRYING TO PROTECT CITY OF STUART. YUP, YUP. THAT'S WHY I SIT UP HERE. YEP. AND THAT'S WHY I SIT HERE TOO. AND IT'S A PRETTY GENERAL IN TERMS OF THE PREEMPTION, BUT IT'S A GENERAL HOME RULE ISSUE TOO. SO IT'S A PREEMPTION ISSUE. AND THEN IF WE

[02:45:01]

WEDNESDAY APPARENTLY IS ONE OF THE BIG DAYS THIS WEEK. SO IT'S YEAH, I KNOW I'M GIVING YOU A LOT TO DO IT. THAT'S FAIR. YOU'RE JUST SPEAKING AGAINST THESE BILLS GENERALLY. NOT SPECIFICALLY. SO THAT'S PART OF THE ISSUE WITH THE LANGUAGE IS AS LONG AS THE COMMISSION IS OKAY WITH, YOU KNOW, STAFF BASICALLY DRAFTING THAT LANGUAGE, WE CAN KEEP IT AS VANILLA AS POSSIBLE. I MEAN, PRETTY PRETTY SIMPLE. BUT AS LONG AS THE COMMISSION IS OKAY WITH IT IN HOME RULE TERMS. YEAH, YEAH. AND YOU YOU YOU APPRECIATE HOW AT LEAST THE MAJORITY OF THIS COMMISSION IS POSTURED TOWARDS THESE KINDS OF ISSUES. I THINK YOU CAN REFLECT THAT IN YOUR LANGUAGE WITHOUT BEING TOO INCENDIARY. STRONGER THAN JUST VANILLA. YEAH. IT'S WE'RE NOT POLITICALLY WE HAVE FORMED RESOLUTIONS USED IN THE PAST BOTH IN FAVOR OF AND OPPOSING LEGISLATION. SO WE WILL USE ONE OF THOSE AND WE CAN KEEP THEM VERY SHORT TOO SO THAT IT'S A SAINT. IT'S NOT DOESN'T GO OVER. SO WE COULD DO THAT PRETTY QUICKLY. BUT AGAIN MY RECOMMENDATION WOULD WOULD NOT BE TO WORRY ABOUT THOSE OTHER ONES BECAUSE IT'S SO FAR IN THE PROCESS. THERE'S NOT MUCH WE COULD CHANGE ANYWAY WITH THOSE THREE. AND IF THEY HAVE A COMPANION HOUSE BILL AS WELL, OR SENATE BILL. SO LIKE SB 1730, WHATEVER, IT'S COMPANION BILL IN THE HOUSE. SO 943 HAS NO COMPANION. 1730 I BELIEVE DID. AND 1535 IT HAS A COMPANION IN THE SENATE THAT IS VERY DIFFERENT. OKAY. SO I DON'T KNOW IF I WOULD INCLUDE THAT IN THE RESOLUTION PER SE, BECAUSE HAVE YOU LOOKED AT IT? YES. IT'S THAT LANGUAGE THAT WE TALKED ABOUT TODAY. IT'S NOT EVEN CLOSE TO THAT. SO IT'S IT HITS ON OTHER PARTS OF EMERGENCY MANAGEMENT.

AND IT'S TALK ABOUT ZONING IN PROGRESS. IT DOESN'T I CAN'T SAY THAT EITHER. IT DID A LITTLE BIT. BUT IT THAT BILL RIGHT THERE JUST COMPLETELY ELIMINATES ANYTHING THAT WE CAN DO IN THE NEXT THREE YEARS. THE ONE THAT THAT IS IN THE SENATE SIDE TALKS MORE ABOUT POST-DISASTER FOR SIX MONTHS. YOU CAN'T DO X ON THE PROPERTY OWNERS. AND IT'S NOT ANYWHERE CLOSE TO TALK ABOUT RETROACTIVELY GOING BACK TO AUGUST 24TH. NOT THAT I REMEMBER THAT ONE. NO. THE SENATE BILL I'M TALKING ABOUT FOR THE 1535 HB 1535. YEAH. SO I CAN INCLUDE IT ANYWAY, BECAUSE IT COULD THE PROBLEM WITH THESE PARLIAMENTARY PROCESSES IS THAT LANGUAGE COULD SUDDENLY CHANGE IN THAT BILL TOMORROW. AND FOR THE BETTER OR WORSE FOR US, WE STAYED A FORMAL POSITION. AND THEN AND THEN SUDDENLY THE BILL CHANGES TO SOMETHING WE LIKE OR IT GETS WORSE. AND WE DIDN'T ADD IT.

WELL, WITH, WITH I THINK WITHOUT GETTING TOO DEEP IN THE WEEDS WITH SPECIFICALLY HB ONE 535 WOULD BE RETROACTIVELY GOING BACK TO AUGUST OF 2024. I'D LIKE YOU TO INCLUDE THAT IN THERE.

ABSOLUTELY. AND THEN. HANDCUFFING US FROM BEING ABLE TO IMPLEMENT THE CHANGES WE MADE IN THAT ZIP, YOU KNOW, FOR THE NEXT THREE YEARS, THREE YEARS AT A MINIMUM, BECAUSE IF IN THREE YEARS WE HAVE ANOTHER HURRICANE THAT YEAR, COINCIDENTALLY, IT'S GOING TO NEVER END. SO. RIGHT.

THAT IS. WELL, AND IF THAT LANGUAGE IS IN THE SENATE BILL COMPANION, PLEASE, PLEASE SEND THAT TO THE SENATE AS WELL. ABSOLUTELY. WE CAN DO THAT. SO THOSE THREE BILLS AND THEN THEIR COMPANIONS, WE COULD DO THAT FOR YOU. IS THAT SOMETHING THAT WE CAN SEND TO ALL HOUSE MEMBERS AND ALL SENATE MEMBERS OR JUST A REPRESENTATIVES? HOW DOES THAT WORK? YOU CAN SEND IT TO ALL OF THEM. BUT I CAN TELL YOU THE GUY THAT LIVES IN JACKSONVILLE DOESN'T REALLY CARE HOW YOU FEEL, FOR SURE, BUT AT LEAST WE'VE SAID IT AND WE'VE YOU KNOW, HE KNOWS YOU'RE NOT VOTING FOR HIM, RIGHT? CAN WE AT LEAST SEND IT TO THE PERSON? MCFARLAND. WHO WAS THE PERSON? THE SPONSOR? WE CAN SPONSOR SAID. YEAH, YOU CERTAINLY YOUR LOCAL LEGISLATORS. BUT THEN THE CHAIR AND THE VICE CHAIR OF THE COMMITTEES THAT CAN YOU MENTIONED THAT THE LEAGUE WAS ON TOP OF IT. WHAT IS THE LEAGUE'S POSITION ON THAT SB 1535. SO FLAIR EMAILS. I CAN'T RECALL THE EXACT LANGUAGE. FLAIR EMAILS STARTED GOING OUT LATE LAST WEEK LIKE OVER THE WEEKEND. AND THOSE EMAILS WERE SAYING A LOT OF WHAT WE TALKED ABOUT ALREADY HERE, WHICH IS THIS IS KIND OF THE I CALL IT THE TROJAN HORSE. IT'S A WE'RE COMING IN, WE'RE GOING TO DO THIS UNDER THE GUISE OF EMERGENCY MANAGEMENT. BUT AT THE SAME TIME, BEHIND THE SCENES CONTROL. BUT IT HAS SOME GOOD BENEFITS AND IT HAS SOME BAD BENEFITS. WELL, THE PROBLEM IS, AGAIN, THEY'RE HIDING THESE SORTS OF CHANGES IN LARGER BILLS THAT DEAL WITH WHOLLY DIFFERENT ISSUES. AND THAT GETS INTO THIS SINGLE, THIS ILLEGAL QUESTION OF SINGLE ISSUE CONTEXT. AND THAT'S IT COULD BE PRETTY BROAD FOR THESE LEGISLATORS. SO I DON'T THINK ANYONE'S GOING TO CHALLENGE THAT. BUT THE PROBLEM IS, IS THAT IT'S A PARLIAMENTARY KIND OF TACTIC TO HIDE THEM IN THERE. SO THE EMERGENCY BILL PER SE, MAYBE THE COMMISSION DOESN'T HAVE A PROBLEM WITH, BUT IT'S SPECIFICALLY THIS LANGUAGE. AND WE CAN DRAFT THOSE RESOLUTIONS TO BE VERY SPECIFIC TO THIS LANGUAGE, WHICH IS IMPORTANT BECAUSE THOSE BILL SPONSORS WANT THEIR BILL TO PASS. AND MAYBE THEY'RE NOT MARRIED TO THAT LANGUAGE. MAYBE THAT WAS SOMEBODY ELSE THAT THAT BROUGHT THAT IN. SO ANYWAY, I DON'T WANT

[02:50:05]

COMMISSIONER COLLINS. IT'S COMPLICATED. YES. AND COMMISSIONER READ. VICE MAYOR.

YES. OKAY, WE'LL SEE WHAT BEN DOES. THANK YOU, MISTER HOGARTH. THANK YOU SO MUCH. THANK YOU

* This transcript was compiled from uncorrected Closed Captioning.