[ROLL CALL]
[00:00:04]
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 IS 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. JOB HERE. COMMISSIONER REID 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.
LORD, WE KNOW YOU CARE TOO. AND WE'RE ASKING WITH THANKS WITH THANKSGIVING 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.
WE PRAY THIS IN JESUS NAME. EVERYBODY SAYS AMEN, AMEN, AMEN.
ONE NATION 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.
AFTERNOON. IT IS OUR PLEASURE TO EVERY FOUR YEAR OLDS.
ARTIST MOMENT OF THE MONTH OF APRIL FROM THE VP-K 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! I MAY BE BOLD AND BEAUTIFUL.
SEEK OUT THE RAGING BEAT THE HEAT. I AM EXCELLENT.
F F G. I AM GIFTED. THIS KID HAS MAGIC. H. I HOPE YOU SEE MY HANDS UP HIGH. AND CELEBRATE. I AM INCREDIBLE.
A TOOL THAT I CAN BE. TAKE A TYPEKIT. OH, DAMN.
DAMN. L AM NOT CONSISTENT. AND I KNOW. LOOK. ALL HOW ORIGINAL AND POWERFUL YOU ARE RESPECTFUL AND I AM SURE AS TALENTED YOU ARE. SO YOU BE THE GLORY OF YOUR HOUSE AWAY AND THE EX WIFE AND BEAUTIFUL ANOTHER SERVANT. COME SEE WHAT I LOVE.
I KNOW MY ABC. I KNOW MY ABC. LOVE LOVE, LOVE, LOVE.
THE SAME WITH ME. I KNOW MY ABC. I KNOW MY ABC.
COME ON, COME ON, COME ON AND SAY. HEY. TURN IT UP.
MAN, THAT WAS GOOD. HEY, GUYS.
[00:05:08]
THE PLEASURE OF WORKING IN THE COMMUNITY FOR 42 YEARS.YEAH. AND JANE PARKER? YES. HER DAUGHTER WAS IN MY CLASS.
SO I JUST ASK THAT THE CITY OF SEWARD. KEEP UP.
AND DON'T FORGET THESE STORIES. MUSIC. MUSIC IS GOOD.
SINGING. SINGING AND MUSIC. WE DON'T WANT TO BE A PART OF THAT 45%.
THAT'S NOT READY FOR THAT THEY ARE GREEN, BUT WE ARE WORKING DILIGENTLY NOW.
SO THEY THEY ENTER IN OUR WAY BECAUSE WE KNOW ONCE YOU START BEHIND, YOU NEVER CATCH UP.
SO WE WORK HARD EVERY DAY IN EDUCATING YOU. AMEN.
COME ON IN THE PICTURE. COME ON IN THE PICTURE, LADIES.
WHY DON'T YOU TWO LADIES GET ON THE OTHER SIDE? OH. NEVER MIND. SHE'S GOOD.
NO, NO, NO, 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,
[PROCLAMATIONS]
MR. BHAGAT, WILL YOU PLEASE READ TONIGHT'S FIRST PROCLAMATION? ABSOLUTELY. PUBLIC SAFETY TELECOMMUNICATORS WEEK.APRIL 13TH THROUGH THE 19TH, 2025. WHEREAS EMERGENCIES CAN OCCUR AT ANY TIME THAT REQUIRE POLICE, FIRE OR EMERGENCY MEDICAL SERVICES. WHEN AN EMERGENCY OCCURS, THE PROMPT RESPONSE OF POLICE OFFICERS, FIREFIGHTERS AND PARAMEDICS IS CRITICAL TO THE PROTECTION OF LIFE AND PRESERVATION OF PROPERTY AND WHEREAS THE SAFETY OF OUR POLICE OFFICERS AND FIREFIGHTERS IS DEPENDENT UPON THE QUALITY AND ACCURACY OF INFORMATION OBTAINED FROM CITIZENS WHO TELEPHONE THE CITY OF STEWART'S EMERGENCY COMMUNICATIONS CENTER.
AND WHEREAS PUBLIC SAFETY TELECOMMUNICATORS ARE THE FIRST AND MOST CRITICAL CONTACT OUR CITIZENS HAVE WITH EMERGENCY SERVICES, PUBLIC SAFETY, COMMUNICATIONS, TELECOMMUNICATORS ARE THE SINGLE VITAL LINK FOR OUR POLICE OFFICERS AND FIREFIGHTERS BY MONITORING THEIR ACTIVITIES BY RADIO, PROVIDING THEM INFORMATION AND ENSURING THEIR SAFETY.
AND WHEREAS, PUBLIC SAFETY TELECOMMUNICATORS OF THE CITY OF STEWART HAVE CONTRIBUTED SUBSTANTIALLY TO THE APPREHENSION OF CRIMINALS, SUPPRESSION OF FIRES AND TREATMENT OF PATIENTS AND DISPATCHER HAS AND EACH DISPATCHER HAS EXHIBITED COMPASSION, UNDERSTANDING AND PROFESSIONALISM DURING THE PERFORMANCE OF THEIR JOB IN THE PAST YEAR.
NOW, THEREFORE, I. CAMPBELL RICH, MAYOR OF THE CITY OF STUART, FLORIDA, DO HEREBY PROCLAIM THE WEEK OF APRIL 13TH THROUGH 19TH, 2025, IN THE CITY OF STUART, FLORIDA, AS PUBLIC SAFETY TELECOMMUNICATORS WEEK.
HOW MANY CALLS DO YOU GET IN HERE A YEAR? 40,000.
WOW. WOW. THANK YOU. THANK YOU. SO MUCH. ANYBODY YEAH. I'M ONE OF THESE PEOPLE.
SPEECH. PLEASE SAY SOMETHING. BRIAN. YOU DON'T HAVE TO ASK ME TWICE.
LET BOSIO DO IT. THANK YOU, EVERYBODY. AND THANK YOU, EVERYBODY FOR BEING HERE.
IT IS REALLY IMPORTANT THAT WE DO RECOGNIZE OUR TELECOMMUNICATORS.
THEY REALLY ARE THE FIRST RESPONDERS OF THIS AGENCY.
[00:10:01]
AND OFTEN THEY ARE THEY ARE UNSUNG HEROES BECAUSE THEY'RE NEVER REALLY IN THE SPOTLIGHT.SO THANK YOU. THANK YOU. THANK YOU. MR. BAGGETT, WILL YOU PLEASE READ THE NEXT PROCLAMATION? SEXUAL ASSAULT AWARENESS MONTH, APRIL 2025. WHEREAS SEXUAL ASSAULT REMAINS A SERIOUS AND PERVASIVE ISSUE THAT AFFECTS INDIVIDUALS OF ALL AGES, GENDERS, RACES AND BACKGROUNDS. AND WHEREAS RAISING AWARENESS ABOUT THE PREVALENCE OF SEXUAL ASSAULT AND THE NEED FOR PREVENTION IS ESSENTIAL TO FOSTERING A SAFER AND MORE SUPPORTIVE SOCIETY FOR ALL. AND WHEREAS, SEXUAL ASSAULT AWARENESS MONTH SERVES AS AN OPPORTUNITY TO EDUCATE COMMUNITIES ABOUT THE IMPACT OF SEXUAL VIOLENCE, AS WELL AS TO EMPOWER SURVIVORS BY PROVIDING RESOURCES, SUPPORT AND ENCOURAGEMENT FOR HEALING.
AND WHEREAS, IT IS CRUCIAL TO CONTINUE ADVOCATING FOR POLICIES AND PROGRAMS THAT PREVENT SEXUAL ASSAULT, SUPPORT SURVIVORS AND HOLD PERPETRATORS ACCOUNTABLE TO ENSURE THE SAFETY AND DIGNITY OF EVERY INDIVIDUAL.
NOW, THEREFORE, I, CAMPBELL RICH, MAYOR OF THE CITY OF STUART, FLORIDA, DO HEREBY PROCLAIM APRIL 2025, IN THE CITY OF STUART, FLORIDA, AS SEXUAL ASSAULT AWARENESS MONTH.
AND. ACCEPTING THIS PROCLAMATION AND RECOGNITION OF THIS MONTH.
MONTHS. MARSHALL D'S ON THE BOARD OF DIRECTOR OF THE INNER TRUTH PROJECT.
WOULD YOU LIKE TO SAY A FEW WORDS FIRST? OKAY.
ON BEHALF OF THE INNER TRUTH PROJECT, ITS STAFF, BOARD OF DIRECTORS, AND MOST IMPORTANTLY, OUR SURVIVORS, WE ARE HONORED TO RECEIVE THIS PROCLAMATION FROM THE CITY OF STUART. FOUNDED 12 YEARS AGO BY MINDY FETTERMAN.
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.
SO, MAYOR RICH. VICE MAYOR COLLINS. COMMISSIONERS.
MANY THANKS. 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, 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.
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. MOSES.
OKAY. THE CEO PRESIDENT OF HELPING PEOPLE SUCCEED.
[00:15:05]
WOULD YOU LIKE TO MAKE A FEW REMARKS? OKAY. THANK YOU SO MUCH.GOOD AFTERNOON. IS THAT BETTER? THERE YOU GO.
KARA STIMPSON, WHO IS OUR CEO, WASN'T ABLE TO BE HERE TODAY, SO I'M CAROLYN MOSES.
I'M THE PROGRAM MANAGER FOR OUR HEALTHY FAMILIES PROGRAM.
WE'VE BEEN SERVING MARTIN COUNTY SINCE 1999 AND ABOUT 400 PLUS FAMILIES A YEAR IN THAT TIME.
ACCORDING TO THE MOST RECENT STATISTICS WE HAVE IN THE STATE OF FLORIDA FOR CHILD MALTREATMENT.
THE RATE PER 1000 CHILDREN IN MARTIN COUNTY FOR 2320, 2023, 2024 WAS 5.14 PER 1000.
THE STATE RATE IS 4.15. WITHIN OUR HEALTHY FAMILIES PROGRAM, WHICH IS SERVING FAMILIES AT GREATEST RISK DURING THAT SAME TIME PERIOD, OUT OF 682 CHILDREN SERVED AND 138 CHILDREN GRADUATING, THERE WAS ONLY ONE CHILD WITH VERIFIED FINDINGS.
SO WE BELIEVE IN THIS EFFORT. WE KNOW THAT GENERATIONS OF ABUSE CAN BE BROKEN.
IN A LOT OF CASES, IT'S JUST A MATTER OF EDUCATION.
FAMILIES, YOU KNOW, WHEN YOU KNOW BETTER, YOU DO BETTER. AND THAT'S BASICALLY WHAT WE'RE THERE FOR, TO SUPPORT FAMILIES IN THEIR JOURNEY. THIS BEING CHILD ABUSE PREVENTION MONTH, ONE OF THE THINGS THAT WE'RE DOING IS PROMOTING OUR EFFORTS BY PINWHEEL GARDENS THAT YOU MIGHT SEE IN VARIOUS PARTS OF THE COMMUNITY.
SO THE WHOLE REASON FOR THE PINWHEEL IS IT'S MORE REPRESENTATIVE OF HAPPY, HEALTHY CHILDHOODS, AS OPPOSED TO FOCUSING ON CHILDREN THAT HAVE DIED AS A RESULT OF ABUSE.
AND WE APPRECIATE YOUR SUPPORT AND THANK YOU FOR THIS PROCLAMATION TODAY.
I'M MR. BHAGAT. 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, DISTRIBUTING THE DONATIONS TO LOCAL FOOD BANKS.
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.
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. 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 HAS BEEN AT THIS FOR 33 YEARS NOW.
WE ARE THE GRATEFUL AND FORTUNATE RECIPIENT IN MARTIN COUNTY OF THEIR EFFORTS.
[00:20:03]
JUST ON THAT, ONE DAY, WE'LL GENERATE SOMEWHERE AROUND 65 TO 70,000 POUNDS OF FOOD FOR OUR MISSION.THAT REPRESENTS. LAST YEAR, WE DISTRIBUTED ABOUT 1.2 MILLION POUNDS OF FOOD.
ABOUT A HALF A MILLION WAS FRESH PRODUCE. SO THE BALANCE OF THAT, YOU KNOW, 600,000 AND CHANGE ON THAT ONE DAY WE GET ABOUT 10% OF THE FOOD WE NEED TO COMPLETE THE MISSION. SO IT IS A HUGE DAY FOR US.
ACROSS THE COMMUNITY, FOLKS WILL GET THEIR YELLOW BAGS IN THE MAIL.
WE HOPE THEY'LL TAKE THE TIME TO PUT SOME NONPERISHABLE ITEMS IN IT AND SUPPORT US IN OUR GOOD WORK.
WE'RE REACHING ABOUT 8000 PEOPLE RIGHT NOW DIRECT WITH OUR SERVICES.
ABOUT ANOTHER 18,000 EACH MONTH THROUGH OUR FOOD BANK PARTNERS.
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. IT HAS A GREAT RIPPLE EFFECT.
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.
OKAY. ROB. ROB. DOESN'T YOUR FOOD MAKE 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.
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.
OKAY. IT WAS NICE TO END ON THAT NOTE FOR PROCLAMATIONS.
[PRESENTATIONS (Part 1 of 3)]
WE HAVE ONE SERVICE AWARD THIS EVENING, WHICH IS KIND OF UNUSUAL, AND I DON'T BELIEVE HE'S HERE.THANK YOU. MAYOR. YES. I WANTED TO ASK IF WE COULD.
I KNOW WE'RE NOT APPROVING THE AGENDA RIGHT THIS MOMENT, BUT FOR THE LEGISLATIVE UPDATE, I KNOW, AT LEAST FOR MYSELF, I'M GOING TO HAVE WANT TO HAVE A PRETTY BEEFY DISCUSSION ABOUT THAT.
SO I WANTED TO ASK IF WE COULD MOVE, HAVE THAT BE AFTER WE TALK ABOUT THE SOUND ORDINANCE.
JUST. DAD? YEAH. ALSO, OUT OF RESPECT FOR EVERYBODY HERE.
BECAUSE I WANT TO BE ABLE TO TALK AND NOT HAVE THAT PRESSURE AND MAKE EVERYBODY MISS DINNER, IF POSSIBLE. THANK YOU. CAN WE MOVE IT UP ANYWHERE WE WANT? ANY AGENDA WHEN WE GET TO THE AGENDA? ANYWHERE YOU WANT.
IT'S YOUR. IT'S YOUR. MR. VICE MAYOR, COULD WE JUST.
IF WE COULD HAVE THE COMMENTS BY THE CITY COMMISSIONER, CITY MANAGER AND THEN DO THE DAD.
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 DAD THEN TO DO THE APPROVAL OF THE AGENDA, AND THE FIRST WE'LL MAKE THE FIRST THING ON THE AGENDA.
THE DAD. FAIR ENOUGH. OKAY. SO WE WILL, MR. HOGARTH, IF YOU DON'T MIND WAITING.
THANK YOU. THANK YOU. WE'LL GO TO COMMENTS BY CITY COMMISSIONERS.
[COMMENTS BY CITY COMMISSIONERS]
COMMISSIONER REED, DO YOU HAVE ANY COMMENTS THIS EVENING? YEAH, I HAD ONE FOR THE CITY MANAGER.IF THERE WAS AN UPDATE ON THE HAMILTON PROJECT SO WE CAN FINALLY BE DONE WITH THAT.
I DON'T KNOW IF THERE WAS ANY UPDATE OR WHAT ARE WE WAITING ON THE FLORIDA COMMISSION LIKE LIKE THE FLORIDA COMMERCE WAS HERE LAST WEDNESDAY, I BELIEVE IT WAS. AND A STRUCTURAL ENGINEER WAS WITH THEM AND WENT THROUGH THE HOUSE.
WE HAVEN'T RECEIVED THE STRUCTURAL ENGINEER'S REPORT.
WHEN WE DO WE'LL BE ADDRESSING IT. I CAN GO INTO DETAIL.
OBVIOUSLY, WE HAVE A BIG ROOM HERE, BUT I'M HAPPY TO TALK AS MUCH AS YOU WANT. BUT WE CAN AS IT RELATES TO THE HOUSE, THE STRUCTURAL ENGINEER IS WHATEVER HE FINDS THAT'S NOT COMPLIANT WITH CODE.
[00:25:02]
WILL NOW COME BACK TO THE CITY COMMISSION TO SEE IF YOU WANT TO PAY FOR THE REPAIRS.OKAY. AND THEN WE'LL HAVE TO WAIT FOR THAT REPORT.
OKAY. AND I DID WANT TO ADDRESS THE PUBLIC. I LIVE ACROSS THE STREET FROM TARA, FROM ADA, AND I KNOW IT'S BEEN BROUGHT INTO IT FOR THE SOUND AND THE NOISE, BUT IT DOESN'T BOTHER ME.
AND I LIVE ACROSS THE STREET FROM IT, SO I JUST WANTED TO PUT THAT ON THE RECORD.
SO UNLESS SOMEONE KNOWS SOMETHING THAT I DON'T KNOW, I'M CURIOUS WHAT MY FELLOW BOARD MEMBERS KNOW BECAUSE I CAN'T SPEAK TO THEM OUTSIDE OF THE MEETING. AND I'VE HEARD CERTAIN THINGS FROM THE PUBLIC.
SO I'M CURIOUS WHAT WILL HAPPEN. THANK YOU. COMMISSIONER JOE, DO YOU HAVE ANY COMMENTS? YES I DO. OKAY. FIRST, I ALSO WANT TO ADDRESS THE NOISE ORDINANCE, WHICH HAS CREATED AN ENORMOUS NUMBER OF ERRONEOUS RUMORS VIA SOCIAL MEDIA, NEWS MEDIA AND THE NOT SO FRIENDLY NEIGHBOR NEW NEIGHBOR NEWSLETTER, WHICH IS AN OPINION PIECE. THE OPINION PIECE CONTINUES.
CONTINUES TO BORDER ON LIES INSTEAD OF FACTS.
ONE STATEMENT IN PARTICULAR IS THAT I PERSONALLY WENT TO THE AREA IN QUESTION APPROXIMATELY 20 TIMES REGARDING THE NOISE CREATED BY A LOCAL BUSINESS, WHICH WAS NOT, BY THE WAY, WHICH WAS A LOCAL BUSINESS LOCATED IN THE MIDDLE OF PERSONAL RESIDENCES.
I WISH I HAD THE TIME TO MAKE THAT MANY VISITS TO THE COMPANY IN QUESTION, BUT I DO NOT.
THE LARGER ISSUE IS HOW WOULD MR. NOT SO FRIENDLY NEIGHBOR KNOW THAT I EVEN ENTERTAIN THE IDEA OF GOING TO HEAR FOR MYSELF THE COMPLAINTS OF NEIGHBORS TO THIS ESTABLISHMENT, SINCE THERE WERE ONLY A HANDFUL OF INDIVIDUALS WHO KNEW OF MY INTENTIONS.
I COULD GUESS THAT 1 OR 2 OF THOSE INDIVIDUALS PROVIDED THAT INFORMATION TO MR. NOT SO FRIENDLY OR MR. NOT SO FRIENDLY HAS TAKEN TO FOLLOWING ME, WHICH WOULD CONSTITUTE STALKING SINCE I ONLY WENT TO THE PROPERTY TWICE. THAT WOULD MEAN THAT MR.. NOT SO FRIENDLY NEIGHBOR WROTE AN OPINION PIECE BASED ON FALSE OR WAS FED FALSE INFORMATION.
THE SECOND REFERENCE IS IN REGARDS TO TARIFF TARIFF ARMADA AND ITS SUPPORTERS.
THANK YOU FOR DRESSING IN BLUE. IT'S MY FAVORITE COLOR.
I. I DID ATTEMPT TO ANSWER MANY OF THE EMAILS AS POSSIBLE.
RUMORS HAVE A WAY OF TAKING ON A LIFE OF THEIR OWN, AND IN THIS CASE, IT WAS TREMENDOUS FOCUS ON ONE ESTABLISHMENT AND THE FEARS THAT THE COMMISSIONER, THE COMMISSIONERS WOULD OR, AND, OR MYSELF WOULD CLOSE DOWN THE VENUE, CHANGE THE HOURS OF THE ENTERTAINMENT, ALL OF WHICH WERE DONE IN THE ATTEMPT TO ROUSE THE TROOPS.
THE UNINTENDED CONSEQUENCES, OF COURSE, IS THAT ALL THIS MEDIA HYPE HAS CAUSED OTHERS TO LOOK INTO OTHERS TO LOOK INTO HOW WE ARRIVED AT 80DB TODAY AND OTHER INCONSISTENCIES, AND HOW THE ORDINANCE APPEARS TO HAVE BEEN APPLIED TO OTHER ESTABLISHMENTS IN THE CITY WHO ALSO HAVE OUTDOOR MUSIC EVENTS.
ONE LAST THING, WHICH IS A QUESTION TO OUR CITY MANAGER.
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 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.
[00:30:01]
IT OFFERED TO PAY THE PROPERTY OWNER SOMETHING OVER 100 THE LIKE SIX BY SIX PIECE OF PROPERTY THAT THE EQUIPMENT WAS GOING TO BE ON, BUT THEY SAID THEY WOULD PLACE THE MONEY IN ESCROW AND THEY WEREN'T GOING TO NEED TO PURCHASE IT.IF IN FACT THE APPEAL THAT WAS PENDING DID NOT GO FORWARD, SO THEY DIDN'T WANT TO BUY IT.
WHEN THE LIGHT GOT INSTALLED, THE PROPERTY OWNER THEN CAME TO COSTCO AND SAID, WHERE'S MY $125,000? WHERE'S MY MONEY? AND THEY SAID, WE WENT A DIFFERENT DIRECTION.
I'D LIKE IT TO BE WHEN IT'S APPROVED THAT THERE'S NO KICKBACK TO THE CITY OR THE COMMISSIONERS.
I KNOW THAT. I KNOW THAT THE. WELL, YEAH, THAT ISN'T A GOOD WORD.
I'M SORRY, I MEANT THAT THERE'S NO. BUT THE 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 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 HAS 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. COMMISSIONER.
THANK YOU MAYOR. DO YOU HAVE ANY COMMENTS THIS EVENING? NO. NO. ALL RIGHT. THANK YOU. 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 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 TARA 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.
AND THAT'S EXACTLY HOW IT SHOULD BE IN OUR COMMUNITY.
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. MARTEL AND HIS STAFF, THEY GO ALL OUT TO WORK WITH OUR COMMUNITY TO MAKE SURE THAT THINGS HAPPEN TO, 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.
FOR COMING TODAY. MR. VICE MAYOR, DO YOU HAVE ANY COMMENTS THIS EVENING? I DO HAVE A FEW. SO WITH REGARD TO THE SOUND ORDINANCE, I JUST WANTED TO LET THE CAT OUT OF THE BAG.
[00:35:04]
HOW I FEEL ABOUT THIS. THERE HAVE BEEN SOME COMPLAINTS IN THE PAST AND MORE RECENTLY, THE REASON YOU'RE GOING TO SEE THIS ON OUR AGENDA, IT'S UNDER THE DISCUSSION AND DELIBERATION PORTION.FOR ME PERSONALLY, I CAN TELL YOU I HAVE NO INTENTION OF CHANGING THE SOUND ORDINANCE.
INCLUDING MAKING IT LOUDER. TO MY COMMENTS. SO A COUPLE THINGS. 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 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'S A DIVER.
THIS GUY'S A FLORIDA GUY. HE'S HE CARES ABOUT OUR AREA AND OUR WATER QUALITY.
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. IT WOULDN'T JUST BE US.
DOES PODCASTS. HE WILL TEXT AND CALL ALL OF US.
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 BRANCH LEADERSHIP.
AND I CAN GET MORE OF THAT DETAIL TO BEN INCLUDING HIS EMAIL AND EVERYTHING.
THAT EVEN POSSIBLE, BEN? CONSIDERING. BUT IT WOULD HAVE TO BE ASAP.
HE'S IN THE. HE'S IN THE CORPS, WHICH IS A FAIRLY RIGID.
YEAH, I, I WELL, FOR WHAT IT'S WORTH, I DON'T THINK IT'S IMPROPER.
HE IS LOCAL. 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.
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 A MOTION? 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. YEAH. 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 STATED POLICY REGARDING BY RIGHT PROJECTS OVER, I THINK 50,000FT² LIKE THE AUTO VAULT ONE COMING IN FRONT OF US.
I KNOW THAT WAS SOMETHING YOU WERE GOING TO BRING IN FRONT OF US, AND I JUST WANTED TO IT'LL BE IT'LL BE COMING. WE DON'T HAVE ANY ANTICIPATED PROJECTS OF OVER 50,000FT² THAT ARE BY RIGHT ANYWAY, SO IT'LL HAPPEN BEFORE A PROJECT HAPPENS.
OKAY. SO YOU CAN GET THAT IN FRONT OF US SOONER THAN LATER.
[00:40:02]
ALTHOUGH BASED UPON HOUSE BILL 1535, YOU MAY NOT BE EVEN ABLE TO, I HEAR YOU MORE RESTRICTIVE.SO I THINK WE WOULD PASS THAT. CORRECT. OKAY.
THEY DUG ABOUT TEN YEARS BACK TO CREATE CONTENT.
BUT WHAT HAPPENED WAS THERE'S A CRB MEETING THAT DAY, AND THE REPORTER FOR TCPALM CAME TO THE CRB MEETING, AND THEY WERE HAVING KIND OF JUST AN OPEN DISCUSSION OF DIFFERENT IDEAS.
SO 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.
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. 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 MORNING.
NICE TO SEE YOU. YES. WE'LL NEED THE AUDITORIUM.
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. IT WOULDN'T HAVE AN IMPACT ON OUR DEVELOPMENT OF CITY HALL.
YEAH. MAYOR. MAYOR. 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 FROM MOVING TO TO 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.
BUT IF NEITHER OF THEM LEAVE, IT COULD BE TEN YEARS, 5 TO 10 YEARS.
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.
I HAD THE SAME REACTION YOU DID. DOES THAT CONCLUDE YOUR COMMENTS, SIR? 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. I THINK YOU'LL BE EQUALLY CONCERNED WITH WHAT'S GOING ON THERE.
SO, COMMENTS BY THE CITY MANAGER, MR. MARTEL, DO YOU HAVE ANY.
[COMMENTS BY CITY MANAGER]
JUST BRIEFLY. WE HAD EMPLOYEE APPRECIATION LAST WEEK AND IT WENT VERY WELL.AND WE DO APPRECIATE ALL THE EMPLOYEES AT THE CITY.
I WANT TO SAY THAT HE SEEMS TO BE DOING FINE.
I'VE BEEN SPEAKING WITH THE CHIEF ABOUT HIM REGULARLY.
THE CHIEF HAS BEEN GIVING ALL POSITIVE FEEDBACK.
I SPOKE TO THE STATE ATTORNEY'S OFFICE AS IT RELATES TO AN INVESTIGATION, AND I WAS INFORMED THAT EVERYTHING APPEARED TO BE HAVE BEEN DONE BY THE BOOK AND WAS NO ISSUE AT ALL. HOWEVER, THE STATE ATTORNEY'S OFFICE, IN AN ABUNDANCE OF CAUTION, WOULD STILL BE CONVENING A GRAND JURY BECAUSE THEY DON'T WANT THERE TO EVER BE AN ACCUSATION THAT THERE'D BE ANYTHING IN FAVOR OF OR AGAINST ONE SIDE OR ANOTHER.
AND LASTLY, I SPOKE TO THE GENTLEMAN'S MOTHER, AND SHE ACTUALLY EXPRESSED AN APOLOGY TO THE CITY AND TO THE OFFICER FOR THE CIRCUMSTANCES, AND SAID THAT HER SON HAD BEEN UNDER A LOT OF STRESS AND WAS VERY SICK AT THE TIME.
BUT I JUST WANTED TO MAKE THE COMMENT THAT THE OFFICER IS DOING WELL, AND I DON'T CARE WHO YOU ARE IF YOU'RE PUTTING THAT TYPE OF CIRCUMSTANCE, IT'S GOT TO BE A HEAVY BURDEN ON HIM. SO HOPEFULLY EVERYTHING WILL WORK OUT WELL FOR HIM.
[00:45:09]
PROGRESS REGULATIONS. AND I BELIEVE THAT STARTS IS AT 5:00 AT 5:00 AT THE 10TH STREET REC CENTER.EVERYBODY IS INVITED TO ATTEND. AND OTHERWISE, WE'RE WATCHING THE LAST TWO WEEKS OF THE LEGISLATIVE SESSION AND SEEING JUST EXACTLY WHERE WE STAND. OKAY, THAT'S ALL I'VE GOT. THANK YOU.
THANK YOU. OKAY, MR. VICE MAYOR, WOULD YOU LIKE TO MAKE A MOTION FOR THE APPROVAL OF THE AGENDA?
[APPROVAL OF AGENDA]
SO MOVED. SECOND, WITH SOME CHANGES. YES, WITH SOME CHANGES.MOVING 11 UP. FOR THE CONSENT. SEVEN. YEA. FOR THE CONSENT CALENDAR.
I BASICALLY HAVE IT BE. YEAH. 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.
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.
SO IF YOU WANTED TO MAKE A COMMENT ABOUT THE SOUND ORDINANCE, THAT WOULD BE THE TIME.
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 THE 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.
TARA FIRMATA IS ON THE AGENDA. SO IF IT DOESN'T RELATE TO THAT PLEASE COME FORWARD.
MADAM CLERK DO YOU HAVE ANY GREEN CARDS. MAYOR I DID HAVE THREE GREEN CARDS.
SO WOULD WE LIKE TO KNOW WHY 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 PEOPLE. THERE'S NOTHING FOR THE PUBLIC TO COMMENT ON.
[11. DISCUSSION AND DELIBERATION OF SOUND ORDINANCE]
MR. BAGGETT, I KNOW YOU'VE BEEN LOOKING FORWARD TO THIS.WILL YOU MAKE A PRESENTATION, PLEASE? ALL RIGHT.
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.
WE ARE REFERRING TO IT AS SOUND ORDINANCE, I GUESS, TONIGHT AND ELSEWHERE.
THE DECIBEL ORDINANCE. RIGHT. SO JUST JUST SO THE PUBLIC KNOWS, YOU CAN DO A GOOGLE SEARCH OF CITY OF STUART MUNICODE AND IT WILL BRING UP OUR CODE OF ORDINANCES. AND YOU CAN FIND THE 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.
AND BASICALLY, THE STATE OF FLORIDA HAS PREEMPTED THE REGULATION OF NOISE EMANATING FROM VEHICLES.
[00:50:05]
AND IT CITES TO TWO STATUTES OF FLORIDA STATUTES THAT REGULATE IT.AND 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 IN 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.
IT ALSO PUTS IN HERE THAT IF THE 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 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.
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.
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 THEIR 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 COMBUSTION ENGINES, MOTORS, PUMPS, COMPRESSORS OR MACHINERIES WHICH EMIT NOISE IN THE OPERATION.
[00:55:02]
THEY FIRST SHALL BE INSTALLED AND OPERATED WITHIN A PRIMARY OR ACCESSORY BUILDING, OR OUTSIDE OF SUCH BUILDING, AND ENCLOSED WITHIN A SOUND ABSORBING STRUCTURE OR CABINET, WITH THE RESULTING SOUND NOT EXCEEDING THE REQUIREMENTS THAT HAVE ALREADY MENTIONED.THE NEXT SECTION 2153. THIS IS WHERE IT TALKS ABOUT LANDSCAPING AGAIN, BUT IT'S ALSO ADDRESSING OUTDOOR CONSTRUCTION, LANDSCAPE ACTIVITY AND ALSO ACTIVITIES OF LOADING AND UNLOADING.
AS A MEANS OF ASSURING THE UNLAWFUL NOISE IS CURTAILED, THE FOLLOWING SHALL BE FURTHER REGULATED.
AND IT TALKS ABOUT OUTDOOR CONSTRUCTION, DEMOLITION ACTIVITIES, LANDSCAPE ACTIVITIES, MECHANICAL OPERATIONS, AND THE LIKE THAT DEPEND ON THE USE OF MECHANICAL, ELECTRICAL, INTERNAL COMBUSTION OR AIR DRIVEN TOOLS.
EQUIPMENT AND BLOWERS SHALL BE PROHIBITED FROM THE HOURS OF 7 P.M.
TO 7 A.M., EXCEPT ON SUNDAYS AND CITY RECOGNIZED HOLIDAYS.
ALSO, OUTDOOR LOADING AND UNLOADING OF BULK RAW MATERIALS OR FINISHED GOODS IN EXCESS OF ONE HALF CUBIC YARD OR ONE HALF TON SHALL BE PROHIBITED BETWEEN THE HOURS OF 7 P.M. AND 7 A.M., MONDAY THROUGH SATURDAY.
THIS WILL NOT APPLY TO MOVERS OF HOUSEHOLD GOODS AT A DWELLING UNIT, WHICH SHALL BE PROHIBITED FROM STARTING WORK ANY EARLIER THAN THE PERMITTED HEREIN, BUT WHICH MAY CONTINUE BEYOND 7 P.M. UNTIL THE WORK IS CONCLUDED.
OUR NEXT SECTION ALLOWS AN ADMINISTRATIVE VARIANCE FOR CERTAIN EMERGENCIES.
FIRE. FLOOD. STORM EVENT IN CONSTRUCTION SO THEY CAN GET AN ADMINISTRATIVE VARIANCE FROM FROM FROM OUR FROM THE CITY ADMINISTRATION FOR SUCH IN A STORM HITS OR IF THERE'S A BAD EVENT WITH A FIRE OR FLOOD, OBVIOUSLY THEY'RE GOING TO HAVE TO GO AFTER HOURS IF NECESSARY. AND THAT INCLUDE PUMPS, SIRENS AND ALL THAT.
WE'VE ALREADY MENTIONED. CITATIONS IS THE NEXT SECTION 2155 NOTICE TO APPEAR.
IN THE EVENT THAT ANY PERSON IS CITED OR REGULATED BY THIS ARTICLE, REGULATION A CITATION OR DEVELOPMENT ISSUED ORDER ISSUED BY THE CITY ONCE THAT PERSON IS GIVEN SUCH A CITATION OR ORDER, THAT PERSON PERSON HAS TEN DAYS TO IN A WRITTEN FORM TO CHALLENGE AND FILE A REQUEST FOR A HEARING BEFORE OUR CITY MAGISTRATE.
AND JUST SO EVERYBODY KNOWS, THE CITY MAGISTRATE, WE HAVE A MEETING ONCE A MONTH, AND ALL OF OUR CODE VIOLATIONS ARE HEARD BY OUR MAGISTRATE. THE MAGISTRATE ACTS LIKE A JUDGE.
AND AGAIN, THAT'S ONCE A MONTH. WE HAVE ALL OF OUR CODE VIOLATIONS.
AND IT WOULD JUST BE ALONG WITH ALL THE OTHER CODE VIOLATIONS. A HEARING WILL BE HELD.
ALL APPLICANTS SEEKING TO PAY A LOCAL BUSINESS TAX WITHIN THE CITY SHALL ALSO HAVE OR WILL HAVE AMPLIFIED SOUND, AND WILL HAVE SOME SORT OF AMPLIFIED SOUND AT THE BUSINESS.
AMPLIFIED SOUND MEANS, YOU KNOW, A PA SYSTEM, MICS AND SO FORTH.
ANY TYPE OF MECHANISM TO AMPLIFY THE SOUND, I.E.
LIKE A BAND. ONCE ANY PERSON OR OR BUSINESS AS AN APPLICANT SEEKS TO GET A LOCAL BUSINESS TAX WITHIN THE CITY, THEY'RE SUPPOSED TO BE GIVEN A COPY OF THIS ORDINANCE.
WE HAVE A PROGRESSIVE FINES AND PENALTIES. SO ONCE A CITATION, THE CITATIONS ARE KIND OF DONE IN PROGRESSIVE ORDER BASED ON HOW MANY VIOLATIONS, WHETHER IT'S FIRST OFFENSE OR FIFTH OFFENSE OR LATER AT THE FIRST OFFENSE, A WRITTEN WARNING SHALL BE ISSUED.
AND THIS COULD BE ISSUED BY OUR CODE ENFORCEMENT OFFICERS OR A POLICE OFFICER.
IF THE VIOLATION IS A SECOND OFFENSE, THE VIOLATOR SHALL PAY A FINE OF $250.
A THIRD OFFENSE, THERE'S A FINE OF $500 AND A FOURTH OFFENSE.
THE VIOLATOR SHALL PAY A FINE OF $1,000, AND ANY VIOLATION THAT IS A FIFTH OFFENSE OR MORE SHALL BE SUBJECT TO A MANDATORY HEARING BEFORE THE CITY'S CODE ENFORCEMENT MAGISTRATE, AND SHALL BE SUBJECT TO A FINE OF NOT LESS THAN $2,500 OR MORE THAN $5,000.
[01:00:07]
AND IN ADDITION TO ANY OF THOSE FINES, THE MAGISTRATE CAN ALSO LEVY OTHER ADDITIONAL FINES AND COSTS, SUCH AS THE STAFF'S TIME AND GOING FORWARD WITH THE VIOLATIONS AND HAVING THE HEARING.THEY CAN ALSO. THE MAGISTRATE IS ALSO GIVEN THE AUTHORITY TO RESTRICT BUSINESS OPERATIONS OF A VIOLATOR AND RESTRICT THE TYPE, LOCATION AND USE OF THE AMPLIFIED SOUND EQUIPMENT AND ANY PERSON WHO FAILS TO ELIMINATE A NOISE VIOLATION WHEN REQUIRED BY AN OFFICER OR CODE ENFORCEMENT, OR WHO FAILS TO APPEAR WHEN COMPELLED, MAY BE HELD IN CONTEMPT OF THE MAGISTRATE FOLLOWING AN ORDER TO SHOW CAUSE.
AND THAT'S THE CONCLUSION OF THE THE ORDINANCE.
ANY QUESTIONS? ARE THERE ANY QUESTIONS FROM THE COMMISSION? MR. BAGGETT? OKAY. MY QUESTION IS FOR EITHER BAGGETT OR MIKE.
OH, SORRY. SORRY. I THOUGHT YOU WERE SAYING MIKE.
SO MY QUESTION IS EITHER FOR THE CITY MANAGER OR THE ATTORNEY.
I'M NOT SURE. SINCE IF I THOUGHT CORRECTLY, IF WE JUST DISCUSSING AND THERE'S NO VOTE ONE WAY OR THE OTHER, THEN THE WE CANNOT HAVE THE PUBLIC SPEAK. IS THAT.
NO. YOU'RE YOU GUYS ARE WELCOME TO. YOU JUST DON'T HAVE TO.
OKAY. SO THE COMMENT WAS TO TO MAKE EVERYBODY IF YOU GUYS WERE IF EVERYBODY'S IN AGREEMENT, THEY DON'T NEED TO PERSUADE YOU TO DO ANYTHING.
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 ADA. 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. IF 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. SO WHAT? SO ACTUALLY YOU GUYS AS A BOARD, YOU GUYS HAVE I MEAN, YOU CAN TAKE THE PUBLIC COMMENT NO MATTER WHAT.
WHEN YOU TAKE IT FOR THE PUBLIC, YOU CAN DO IT EITHER WAY.
THE QUESTION IS DO YOU THE PUBLIC THE QUESTION IS DO YOU HAVE 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.
JUST LET THEM DO THAT, PLEASE. SO SHOULD WE GET TO OUR.
COMMENTS? LAST QUESTION. YEAH. GO AHEAD. THEY WANT.
EITHER WAY, WHATEVER. OKAY. CAN WE FINISH OUR COMMENTS FIRST AND THEN GO TO PUBLIC COMMENTS? BECAUSE I'M TOTALLY OPEN TO PUBLIC COMMENT IF 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 21, 55, 21, 21, 51. ONE 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.
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. DO WE REQUIRE ACQUIRE ANY OTHER BARS TO PULL A PERMIT TO HAVE AMPLIFIED SOUND EVERY SINGLE.
FIRST OF ALL, WE TALK ABOUT BARS. YOU'RE TALKING ABOUT A LICENSING THAT THE STATE HAS A TWO COPY,
[01:05:02]
A FOUR COPY, OR A DIFFERENT LIQUOR LICENSE. THAT WAS THE MAIN CRITICISM.IS IT IS IT ONE PARTICULAR BAR WAS ALLOWED TO GET AWAY WITH SOMETHING THAT OTHER BORROWERS WERE NOT.
IN 2001, WHEN THE CHARRETTE TOOK PLACE THAT EVERYONE TALKS ABOUT, THE COMMUNITY THAT PARTICIPATED IN CHARRETTE IDENTIFIED COLORADO STARTING AT ABOUT FIFTH STREET, GOING UP DIXIE HIGHWAY AND UP COLORADO TO US ONE, AND KIND OF BACK AND AROUND BY THE POST OFFICE AREA, AS WELL AS THE ARTS AND ENTERTAINMENT DISTRICT THAT THEY WANTED.
AND IT STARTED TO EVOLVE, AND IN SOME TIME IN THE EARLY 2000, TERRA FERMATA OPENED AND THERE WAS A SOME ISSUES, NOT JUST WITH TERRA FIRMA, BUT WITH OTHER RESTAURANTS, INCLUDING THE SAILOR RETURNS AND SOME RESTAURANTS NORTH OF THE BRIDGE THAT WERE HAVING LIVE MUSIC OUTSIDE. AND AS A RESULT, IN 2015, THERE WAS A LENGTHY DISCUSSION REGARDING THE SOUND ORDINANCE THAT RESULTED IN COMMITTEE MEETINGS AND MR. TROTSKY SITTING OVER THERE. WE ACTUALLY SET SPEAKERS UP ON THE FRONT PORCH OF CITY HALL AND SET THE GUN TO MEASURE THE SOUND IN THE STREET ON THE PROPERTY LINE, AND EVERYBODY WALKED OUTSIDE, AND WE DID THE WHOLE THING TO SEE WHAT THE DIFFERENCE WAS BETWEEN THE DIFFERENT DECIBELS.
AND ULTIMATELY, AT THE END OF THAT SERIES OF MEETINGS, WHICH I THINK WAS A TOTAL OF FIVE, THE CITY ADOPTED THE SOUND ORDINANCE THAT WE HAVE NOW, AND THE RECOMMENDATIONS WERE SOMEWHAT DIFFERENT THAN WHAT WAS ADOPTED, BUT NONETHELESS THE CITY ADOPTED THE ONE WE HAVE NOW.
THEN IN 2000, I THINK IT WAS ROUGHLY 18 OR SO.
THE COMMUNITY OVER THERE AGAIN, THAT THE DESCRIPTION OF GEOGRAPHIC DESCRIPTION I'M DESCRIBING OF THE ROUGHLY FIFTH STREET IN COLORADO OVER TO DIXIE AND THEN ALL THE WAY UP TO US ONE.
A GROUP OF THEM GOT TOGETHER AND BEGAN ORGANIZING AND ACTUALLY APPROACHED THE CITY COMMISSION AND ESSENTIALLY PETITIONED THAT THEY WOULD BE NAMED THE CREEK DISTRICT, AND THEY WANTED TO BE FORMALLY DESIGNATED AS AN ARTS AND ENTERTAINMENT DISTRICT.
AND THEY WANTED US TO HAVE A I DON'T KNOW IF IT'S THE FIRST FRIDAY.
YOU HAVE TO FORGIVE ME, BUT IT WAS AN ART WALK AND ENTERTAINMENT ON.
I THINK IT WAS THE FIRST FRIDAY OF EVERY MONTH THAT THE DIFFERENT BUSINESSES IN THAT AREA WOULD NOT NEED A SPECIAL EVENT PERMIT IN ORDER TO SET UP LIKE WE SEE THE SOCCER TENTS OR WHATEVER IT IS TO SET UP IN FRONT OF THEIR BUSINESSES, AND TO HAVE A WALKING KIND OF STREET FAIR THAT WENT ALL THE WAY UP MLK BOULEVARD TO BROODER POND, THAT WENT DOWN BY RAMADA, THAT ALSO INCLUDED THE THE PLAZA THAT'S THERE OFF OF COLORADO ON FRAZIER CREEK. AND AS A RESULT, THE COMMISSION ACTUALLY HAD MEETINGS AND AND GRANTED THAT TO THE CREEK DISTRICT.
AND I BELIEVE THEY STILL HAVE A BOARD AND THEY STILL HAVE MEETINGS REGULARLY.
AND THEY DESIGNATED THAT AREA AS THE ARTS AND ENTERTAINMENT DISTRICT.
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. IF YOU COULD HOLD OFF ON THE STUFF, I GET THIS OUT.
AND SO WHAT'S HAPPENED SINCE THEN? AND DURING THAT TIME, OBVIOUSLY TERRA FIRMA WAS STILL IN EXISTENCE AND THERE WAS NO DISCUSSION THAT TARIFF ARMADA 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 ITS BUSINESS TAX RECEIPT, IT WAS GOING TO HAVE AMPLIFIED SOUND, JUST AS SAILOR RETURN DOES, AND TALK HOUSE AND TIED HOUSE AND THE OTHERS, YOU KNOW, DUFFY'S AND WHATEVER ELSE IS DOWNTOWN.
IN ANY EVENT THE 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 CIRCUMSTANCES IN THE PAST WHERE THE OWNER OF
[01:10:01]
TERRA FIRMA HAS ACTUALLY MADE ARRANGEMENTS ONLINE FOR PEOPLE TO BUY TICKETS LIKE YOU WOULD TO A CONCERT.MY CONCERN WOULD BE THAT IF THAT WAS GOING TO BE USED AS THE GUIDELINE TO TO SAY THAT IT SHOULD OR SHOULDN'T BE REGULATED, THAT WE WOULD WANT TO DEFER THE OTHER WAY, BECAUSE HE COULD HAVE THE CHOICE OF NOT SELLING TICKETS ONLINE, AND KNOW THAT THERE'S A HUGE DEMAND FOR A PARTICULAR BAND AND ALLOW THREE TIMES AS MANY PEOPLE TO CONVERGE ON THE NEIGHBORHOOD AS THE VENUE CAN SUPPORT AND THE TRAFFIC AND THE PROBLEMS THAT THAT WOULD CREATE WOULD BE MUCH WORSE THAN ACTUALLY SAYING TO PEOPLE, SORRY, ALL THE TICKETS ARE AVAILABLE, DON'T EVEN COME OVER ON FRIDAY NIGHT.
THERE ISN'T ANY ROOM FOR YOU. DON'T EVEN TRY TO GET IN.
AND YOU HAD TO PARK ON DIXIE HIGHWAY TO BE IN MANATEE POCKET THIS WEEKEND.
AND SO I DON'T I IT CONCERNS ME AND I'M NOT SUGGESTING THAT WE SHOULD HAVE CONCERTS AND SELL OUT, SELL TICKETS LIKE A CONCERT VENUE. BUT I DO THINK THAT WHEN THOSE TICKETS HAVE BEEN SOLD IN THE PAST, IT WAS TO ACTUALLY REGULATE THE CROWD RATHER THAN INCREASE THE CROWD.
AND I HONESTLY DON'T KNOW THE RIGHT ANSWER. I'M JUST TELLING YOU HOW WE'VE REACTED TO IT.
IN ANY EVENT, IT'S, YOU KNOW, IF YOU GO THERE TONIGHT, IT'S PROBABLY JUST A FEW PEOPLE SITTING OUTSIDE, AND I DON'T EVEN KNOW IF THERE'S MUSIC PLAYING OR NOT. AND SO.
BUT THEY'RE ALL HERE. BUT, BUT BUT THE POINT BEING THAT IT'S A, IT'S, IT'S A VENUE THAT'S LICENSED, NO DIFFERENT THAN ANY OTHER VENUE IN STUART. 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 LIQUOR LICENSE AND TO BE ALLOWED TO HAVE LIVE MUSIC.
AND THAT WAS REALLY ABOUT IT. STOP THAT.
EXCUSE ME MA'AM. EXCUSE ME MA'AM. THE. 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'S 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 AN 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 WERE 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 JUST TO DO RANDOM TESTING.
AND IT TURNED OUT THAT THE AMBIENT SOUND WAS ABOUT 50DB AT ALL TIMES.
[01:15:04]
SO IT WAS IF SOMEBODY WASN'T MAKING NOISE, THE SOUND MEASURER WAS GOING TO COME UP AT 50DB.BUT IF YOU PULLED UP ON, I'M JUST GOING TO RANDOMLY SAY TERRAFORM.
ADA. AND YOU SOMEONE HAD COMPLAINED ABOUT A BAND BEING TOO LOUD, AND THE POLICE CAR PULLED UP ONTO SIXTH STREET AND STARTED TO PULL UP IN FRONT OF TERRA FIRMA ADA. AND SOMEONE ADJUSTED THE VOLUME AND TURNED IT DOWN TO SEVEN.
BY THE TIME THE POLICE OFFICER GOT OUT AND PUT THE GUN UP TO MEASURE THE SOUND AT THE AT THE PROPERTY, IT WOULD BE AMBIENT SOUND AGAIN. AND THEN THE POLICE CAR PULLS AWAY, AND THEN THEY TURN IT BACK UP TO NINE AND LIKE.
THE OTHER THING IS, I MENTIONED SALERNO LAST NIGHT OR SATURDAY NIGHT USED TO BE CALLED TWISTED TUNA, BUT IT'S CALLED TWO GEORGES NOW. AND SO THERE'S THE PEARL AND TWO GEORGES, AND THEY'RE VERY CLOSE TO EACH OTHER.
BOTH HAD LIVE BANDS. SO WHO WAS VIOLATING THE SOUND ORDINANCE? AND SO YOU GET INTO THIS DILEMMA OF THAT. AND THEN WE HAD BACK IN THE 2015, THERE WAS A SITUATION WHERE A GUY CAME UP IN A FANCY SPORTS CAR THAT WAS A CONVERTIBLE AND WAS IN THE PARKING LOT OF A PLACE, AND HE HAD A VERY NICE STEREO SYSTEM, AND IT WAS ABLE TO GENERATE ENOUGH SOUND TO GET A COMPLAINT FROM SOMEBODY.
IT WASN'T IT WASN'T ME. BUT WAS IT HIM WHO'S RESPONSIBLE FOR THE SOUND AND THE VIOLATION? IS IT HIM BECAUSE IT WAS A CAR IN HIS PARKING LOT, OR WAS IT THE GUY DRIVING THE CAR THAT HAS ALREADY LEFT? WHICH THEN LED TO, WELL, IS IT THE BAND THAT'S VIOLATING THE SOUND ORDINANCE, OR IS IT THE OWNER OF THE BUSINESS THAT'S VIOLATING THE SOUND ORDINANCE? AND IT'S AN ONGOING LIKE THERE'S A LOT OF NUANCE TO IT.
AND BACK IN 2015, WHEN THOSE DISCUSSIONS TOOK PLACE, THE FOCUS WAS REALLY TO TRY AND LIKE WORK AT BEING GOOD NEIGHBORS AND HAVING RESPECT FOR YOUR NEIGHBORS AND TRYING NOT TO BE DISRUPTIVE AND KEEP SOME TOOLS ON THE BOOKS SO THAT IF SOMEBODY IS NOT BEING A GOOD NEIGHBOR, THERE IS A REMEDY FOR THE CITY TO INTERVENE BEFORE IT PEOPLE TAKE IT INTO THEIR OWN HANDS BECAUSE WE DON'T WANT THAT EITHER.
AND WHERE THAT BALANCE IS OR WHAT THAT RIGHT NUMBER IS, IS REALLY DIFFICULT.
BUT THERE'S A LOT MORE NUANCE THAN JUST SAYING IT'S NO LONGER 80, NOW IT'S 70.
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 AND HERE WE ARE AND I DON'T I LOOKED 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, 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.
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 FOR TERRA FERMATA THAT NOBODY ELSE YOU KNOW, EVERYBODY ELSE HAS TO DO ONE THING AND TERRA GETS AN OUT. I THINK YOU'VE ADDRESSED THAT. WELL TERRA FAIRMONT IS A LOCAL TREASURE, AND I'M NOT JUST SAYING THAT TO GET CLAPS FROM EVERYBODY.
[01:20:01]
HOW MANY FIGHTS DO YOU HAVE GOING ON AT TERRA FIRMA? NONE. NONE. IT'S GOOD PEOPLE. MAYBE ONE. ONLY IF THEY TALK POLITICS WITH YOU.ONLY. YEAH, ONLY IF WE TALK POLITICS. BUT IT'S GOOD PEOPLE TRYING TO JUST RELAX AND ENJOY EACH OTHER IN LIFE, YOU KNOW. SO. AND THE NICE WEATHER. YEAH. AND THE NICE WEATHER.
AND BEING IN DOWNTOWN STUART, WHICH IS WHAT WE ARE ABLE TO OFFER PEOPLE.
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 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.
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 1000 PEOPLE THERE, THERE'D BE ONE.
BUT THERE'S NO THERE ISN'T. I WAS JUST CURIOUS.
THAT'S IT. COMMISSIONER JOB. I WOULD JUST HONESTLY LIKE THE OTHER SIDE HEARD.
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? WHAT CAN WE JUST CAN WE NOT JUST WE 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 TERRAFORM OR IN OPPOSITION TO IT.
AND FOR CLARITY, I WOULD REQUEST THAT IT BE IN OPPOSITION AND OPPOSITION TO THE SOUND ORDINANCE, NOT PARTICULARLY TERRAFORM OR ANY 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. 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. WAIT WAIT WAIT WAIT.
AND I'M THE GUY WHO WROTE THE LETTER ABOUT ABOUT THE NOISE.
I'M TRYING TO SPEAK UP, IF YOU DON'T MIND. OKAY.
WE HAVE THE MOST LIBERAL SOUND ORDINANCE IN FLORIDA AND ON THE TREASURE COAST.
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.
AMANDA HOLDS A TWO CUP. NOW CHECK THIS OUT. 40 SEAT BAR LICENSE BAR.
BUSINESS TAX LICENSE WITH TWO TOILETS. DOES ANYBODY HERE THINK THAT TERRAFORM ADA HAS 40 SEATS IN THE IN THE FACILITY, OR DOES IT HAVE SEVERAL HUNDRED SEATS? SO LET'S LET HER SPEAK. NOW, AS FAR AS IT RELATES TO THE NOISE ORDINANCE, WHICH YOU'RE NOT GOING TO
[01:25:02]
DO ANYTHING ABOUT. I'D LIKE YOU TO KNOW THAT IT'S NOT THE LOCAL BANDS THAT ARE CAUSING ANY DIFFICULTY ON A BAND.ON A NIGHT WHERE YOU HAVE THE BLUES BAND ON THURSDAY NIGHT, OR IF YOU HAVE THE NOUVEAU HONKIES WHEN THEY HAD A WEDNESDAY NIGHT, NEVER CAUSED ANYBODY ANY ISSUES, NEVER REACHED ANY EXCESSIVE SOUND LEVELS.
IT'S THE CONCERT. IT'S THE CONCERTS THAT THEY'RE HAVING THAT ARE PUMPED INTO A MONSTROUS P.A.
THIS IS A MAJOR CONCERT LEVEL SYSTEM. COULD THIS EXCUSE ME? EXCUSE ME. SIR. SIR, HE HAS THE FLOOR. TERRAFORMING 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 ARMADA.
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 FRAZIER CREEK BREWERY HAVING AN OUTDOOR EVENT FOR A FUNDRAISER.
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 TERRAFORM 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. INSIDE. HEY, I'M SORRY FOLKS.
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, MR. STEINBERG.
THANK YOU, MR. STEINBERG. THANK YOU. ALL RIGHT.
CAN SOMEBODY EXPLAIN TO ME WHY? NO. I'VE YET TO HEAR FROM EITHER MR. MARTELL OR FROM MR. BAGGETT. WHO WILL ANSWER MY QUESTION.
WHY? 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. STEINER.
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. DAWN. THANK YOU, JOHN CALLAGHAN.
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.
BUT THEN I FOUND THE SOUND ORDINANCE AND I THINK I GOT IT.
TELL ME IF I GOT IT RIGHT. IT'S UNDER NOISE AND UNDER THE NOISE.
SECTION. SECTION 2150. IT SAYS NOISE MEANS UNWANTED OR UNWELCOME SOUND THAT CAUSES OR MAY CAUSE AN ADVERSE PSYCHOLOGICAL OR PHYSIOLOGICAL EFFECT ON HUMAN BEINGS.
THERE IT IS. MUSICAL LEGAL INSTRUMENTS RIGHT NEXT TO CONSTRUCTION EQUIPMENT AND COMPRESSORS,
[01:30:02]
AND VOCALIZATION BY DOMESTICATED ANIMALS, DOMESTICATED BIRDS AND NATURAL PERSONS.AND TO ME, IT'S UNDER NOISE. WELL, TELL THAT TO PAVAROTTI OR PAT METHENY.
OR HURRICANE HAWK AND THE INVADERS, OR CAT AND CARLOS AT A LOCAL RESTAURANT.
SO I COULD I COULD SEE THE PROBLEM HERE. AND I HAVE A SOLUTION.
THERE'S ANOTHER SECTION CALLED EXEMPTIONS, WHICH YOUR TOWN MANAGER EXPLAINED.
AND THE TOWN ATTORNEY, THAT'S WHERE LIVE MUSIC BELONGS UNDER EXEMPTIONS, ALONG WITH BURGLAR ALARMS, FIRE ALARMS, AIRCRAFT. AND THE SOLUTION IS TO CHANGE THE NOISE ORDINANCE.
YES, SIR. CHANGE THE NOISE ORDINANCE BY ADDING FOUR WORDS, ONE FOR EACH COMMISSIONER AND THE MAYOR.
LIVE MUSIC IS EXEMPT. THANK YOU.
WALTER LLOYD. EVENING, WALTER LLOYD, 150 CABANA POINT CIRCLE. AND MUCH OF MY COMMENTS PRETTY MUCH ECHO WHAT THAT GENTLEMAN JUST SAID WAS.
IT SEEMS TO ME LIKE THERE SHOULD BE A DISTINCTION BETWEEN NOISE, NOISE, POLLUTION AND MUSIC, WHICH IS ART AND FACILITATES ENTERTAINMENT AND DANCING.
I WOULD THINK THAT WE SHOULD BE A LITTLE MORE HARSH ON THE NOISE POLLUTION ASPECTS AND ALLOW THE ENTERTAINMENT TO HAPPEN AND LET PEOPLE RELEASE THEIR TENSIONS THAT ARE, YOU KNOW, BUILT UP THROUGH THE WEEK AND WORK AND ENJOY THE ENJOY TARIFF OR WHATEVER VENUE THEY HAVE.
I HEARD ABOUT IT NOISE FROM A GUTTER COMPANY, AND I HEARD ABOUT, YOU KNOW, THAT KIND OF NOISE POLLUTION HAPPENING IN OURS THAT MAY NOT BE APPRECIATED BY THE NEIGHBORS. I JUST DON'T UNDERSTAND HOW THIS GOT PROLIFERATED TO THIS POINT FOR TARIFF.
I'D LIKE THAT TO BE EXPLAINED, IF SOMEBODY WOULDN'T MIND, TO HELP US UNDERSTAND HOW THE COMMUNITY HAS BEEN SO AGITATED OVER SOMETHING THAT THEY SHOULDN'T HAVE BEEN. SO IT WAS REQUESTED AT TWO MEETINGS AGO.
REQUESTED BY WHO? THE BOARD TO BRING IT BACK.
AND IT DID MENTION TARIFF. WELL, IT MENTIONED THE LETTER MR. STEINBERG REFERENCED THAT HE WROTE WHICH MENTIONED TARAHUMARA.
YES. OH, OKAY. THANK YOU. I HAVE NO MORE PUBLIC COMMENT.
I HAVE NO MORE PUBLIC COMMENT. MAYOR. OKAY. THANK YOU ALL.
WOULD YOU LIKE TO MAKE A COMMENT, SIR? YES, PLEASE.
COULD YOU STATE YOUR NAME AND ADDRESS, PLEASE? MY NAME IS MICHAEL CAPUTO. I LIVE AT 4777 SOUTHWEST HAMMOCK CREEK DRIVE IN PALM CITY.
I DO A LOT OF BUSINESS HERE IN STUART. I'M A LOCAL REALTOR.
I'M A BIG SUPPORTER OF THE MUSIC INDUSTRY HERE IN STUART.
I FOR THE LAST YEAR UP UNTIL THIS CALENDAR YEAR, I WAS A BIG SUPPORTER OF THE RIVERWALK.
IT COST ME ABOUT FIVE GRAND A YEAR. I WAS HAPPY TO DO IT. I'M LIVING HERE ABOUT 15 YEARS.
AND WHAT I DON'T UNDERSTAND IS IF ONE PERSON WRITES A LETTER TO THE BOARD AND IT COMES UP IN HIS LETTER, GETS DISCUSSED AMONGST YOURSELVES, IS IT NOW THE INTERPRETATION THAT WE NEED TO ACT UPON THE ONE COMPLAINT.
OBVIOUSLY, THERE'S A LOT OF OPPOSITION TO WHAT IS BEING PROPOSED.
I COME FROM OUT OF STATE ORIGINALLY. I'M HERE 15, 14, 15 YEARS, LIKE I SAID.
AND WHAT I CAN SAY IS THE HORDES OF PEOPLE THAT I TAKE CARE OF IN MY BUSINESS LOVE THE FACT THAT THEY CAN COME HERE AND ENJOY THE ARTS, WHETHER IT BE MUSIC, WHETHER IT BE THE ARTWORK ANY NUMBER OF THINGS.
YOU TALK ABOUT TERRAFORM ADA SINGLING OUT TERRAFORM ADA.
BUT DIDN'T YOU HAVE A PLACE ACROSS FROM DUFFY'S THAT WAS HAVING LIVE MUSIC ON THE WEEKENDS AND MAYBE THURSDAY THROUGH SATURDAY OR THURSDAY THROUGH SUNDAY? IT WAS QUITE LOUD AS WELL. ARE WE LOOKING TO LIMIT THEM OR IS IT JUST LOCATED ON THE OTHER SIDE OF THE TRACKS? I DON'T KNOW. SO, YOU KNOW, THAT BEING SAID, YOU KNOW, I DON'T THINK THEY'RE LOOKING FOR YOU TO EXPAND ON THE DECIBEL LEVEL, BUT KEEPING THE DECIBEL LEVEL THE WAY IT IS IS FINE. AND AS FAR AS SEATING WITH TERRAFORM ADA GOES, I'VE BEEN THERE NUMEROUS TIMES. I NEVER COUNTED THE SEATS.
HAVE YOU GUYS ALL BEEN THERE? I HAVE, I WAS THERE FRIDAY.
[01:35:05]
I MEAN, THEY HAVE SOME SOME BENCHES, SOME PICNIC TABLES, THINGS LIKE THAT.I MEAN, WHAT DOES THAT COUNT FOR? DOES THAT COUNT FOR THREE SEATS? DOES IT COUNT FOR TWO? I DON'T REALLY KNOW. BUT AS FAR AS THE DECIBEL LEVEL AND LOOKING TO SINGLE OUT TERRAFORM ADA BECAUSE THEY HAVE TOO MANY, TOO MANY SEATS FOR TOO MANY BUTTS, I DON'T THINK THAT'S A GREAT PROCESS AND A GREAT WAY TO BE DOING THINGS.
IT'S PRETTY MUCH ALL I HAVE TO SAY, AND I WANT TO THANK YOU. WELL, WELL.
SO ACTUALLY, SIR, THIS IS SORT OF HOW GOVERNMENT IS SUPPOSED TO WORK.
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.
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.
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 IS 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, COMMISSIONER REED. YES. THIS IS MORE FOR THE 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 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 OUT THERE.
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.
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 IT DRIVES IT A LOT.
BUT THE FACT IS, THERE ARE BATHROOMS SUFFICIENT TO MEET THE CAPACITY, 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 TAKE A BREAK. WE DID. WE DIDN'T HAVE ANY.
YOU GUYS HERE FOR THE SERVICE AWARDS? GARIN REMEMBER I SAID WE'LL DO IT AFTER WE HAVE THREE CARDS.
COULDN'T REMEMBER. IT WAS A LITTLE MIXED UP. I DID, I SHOULD HAVE LOOKED AT YOU.
DO YOU NEED A RECESS? NO. OKAY. AND WHAT HAPPENED?
[01:40:07]
I WAS TRYING TO SEE IF. YEAH, LET ME SEE IF IT'S.YEAH. THAT'S STILL. GOING TO ASK FOR A BREAK.
IF YOU CAN JUST WAIT FOR COMMISSIONER CLARK TO RETURN, MR. HOGARTH. I ASSUME YOU LEFT THE MEETING EARLIER TO GET AN UPDATE BECAUSE THINGS ARE MOVING THAT FAST. I DID.
GOOD EVENING, COMMISSIONERS. BEN HOGARTH, THE COMMUNITY SERVICES DEPARTMENT. FOR THE RECORD, I DID ACTUALLY UPDATE A COUPLE OF THE SLIDES. I'LL JUST WAIT FOR COMMISSIONER CLARK, PLEASE. OH, SORRY. WOULD YOU LIKE ME TO TELL THEM WHAT YOU LIKE? THAT'S OKAY. DID YOU GET HIM EARLY TONIGHT? IS THIS WOMAN ALL RIGHT? LET'S GO TO THE RESTROOM. WHO IS THIS? OKAY. WE'RE GOING TO TAKE A TEN MINUTE RECESS.
WE WILL RECONVENE 550. COMMISSION BACK INTO ORDER AT 552. MR. HOGARTH. FINALLY. GOOD EVENING. COMMISSIONERS.
[PRESENTATIONS (Part 2 of 3)]
THIRD TIME'S A CHARM. I'M ACTUALLY GLAD THERE'S NOT SUCH A LARGE CROWD, SO I DON'T HAVE TO DEPRESS SO MANY PEOPLE AT THE SAME TIME.I WAS SAYING YOU PROBABLY PREFER A SMALLER CROWD.
THIS IS ACTUALLY PROBABLY A BETTER FORMAT. BUT WITH THAT SAID, I ASSUME A THE CITY MANAGER, MR. MARTEL HAD SENT THE DRAFT OUT, AND I KNOW YOU'VE SEEN IT IN THE THE AGENDA AS WELL AND MENTIONED KIND OF WHAT'S CHANGED.
SO I'M NOT GOING TO BELABOR EVERY POINT THAT'S ON EVERY SLIDE.
WHAT I WANTED TO DO WITH THIS PRESENTATION IS, AS BEST AS I CAN INFORM THE PUBLIC AND THE COMMISSION ABOUT WHAT IS BEING DISCUSSED IN THE LEGISLATURE THIS YEAR. WE'RE TOWARDS THE END OF THE POLICY SIDE OF EVERYTHING.
THE LAST COUPLE OF WEEKS OF THE LEGISLATURE IS PROBABLY GOING TO BE LARGELY DOMINATED BY JUST A BUDGET CONFERENCE. SO OTHER THAN A WEEK OR TWO FROM NOW THESE ARE REALLY THE FINAL TWO WEEKS THAT YOU'LL SEE MOST OF THE BILLS THAT WILL PASS GET PASSED.
SO THIS IS KIND OF LIKE AT THE CRITICAL POINT AND JUNCTURE OF THE 2025 SESSION.
SO I WANT TO ALSO CAVEAT WHAT IS NOT IN THE PRESENTATION IS ANYTHING HAVING TO DO WITH HOMESTEAD EXEMPTION BILLS, THE FUTURE OF AD VALOREM TAXATION IN THE STATE ANY CHANGES TO FEDERAL LAW IMPACTING LOCAL GRANTS AND PROGRAMS AND ANY LEGISLATION THAT KIND OF JUST REALLY HAS NO CHANCE OF PASSAGE. EVERYTHING THAT WE'RE GOING TO TALK ABOUT TODAY HAS BEEN MOVING THROUGH COMMITTEES IS ON THE HOUSE OR SENATE FLOOR OR HAS ALREADY PASSED ONE OF THE CHAMBERS. SO IT'S GOING TO FALL IN ONE OF THOSE CATEGORIES. AND I DO HAVE KIND OF AN UPDATE ON A COUPLE OF THE BILLS THAT ARE IN THE THAT I PUT INTO THE AGENDA ORIGINALLY THAT HAVE BEEN UPDATED EITHER FRIDAY OR AS OF TODAY.
SO I HAVE INFORMATION ON THOSE AS WELL. LOOKS LIKE IT'S NOT.
THERE WE GO. SO THE CITY APPROPRIATION REQUEST.
I DID WANT TO MENTION THIS FIRST. 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.
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 THROUGH ALL OF THAT.
[01:45:06]
ANYWHERE. SINGLE FAMILY RESIDENTIAL IS ALLOWED, AND WE'RE NOT ALLOWED TO DISTINGUISH BETWEEN THOSE TWO.WHAT WHAT ABOUT SETBACKS. AND, YOU KNOW, WOULD THAT BE CONSIDERED PROHIBITING? I HAVEN'T SEEN BASICALLY WHAT THEY'RE DOING IS MAKING IT.
WELL, THE CITY'S CODE, BUT WE HAVE HISTORICALLY HAS ALLOWED ADUS.
BUT THE CODE REQUIRED THAT THE ADUS BE IN THE BACKYARD AND THAT THEY MEET THE SAME SETBACKS, BUT THAT THE ADU BE NO TALLER THAN THE PRIMARY RESIDENCE, AND THAT IT BE NO LARGER THAN 50% OF THE SIZE OF THE PRIMARY RESIDENCE.
SO HOW DO THEY DEFINE AN ADU OR WHAT IS AN ADU? YEAH, MY UNDERSTANDING READING THE LAW IS THAT I DON'T, IN THIS NEW PERSPECTIVE LAW, IS THAT THEY'RE NOT CHANGING THAT DEFINITION.
THAT IT WOULD STILL BE OUR CODE WOULD STILL FUNCTIONALLY BE.
ARE YOU SURE IT'S IN PLACE? WE'RE ALLOWED TO LIMIT IT TO 50% OF THE SIZE OF THE PRIMARY RESIDENCE.
I DON'T KNOW THAT THEY'RE PREEMPTING OUR SETBACKS, BUT I THINK THAT IF THEY PASS IT THE WAY IT READS THAT WE WOULDN'T BE ABLE TO PROHIBIT ADUS. BUT WE DIDN'T ALREADY. SO WE PROHIBITED THE OCCUPANCY.
RIGHT? YEAH. BUT WE WOULD BE SIMPLY FOLLOWING OUR CODE STILL.
SO WE DON'T HAVE A PARKING REQUIREMENT ANYWAY.
SO BEFORE I GET INTO THE BIGGER BILL THE LAST ONE THAT IS BASICALLY ON ITS WAY TO PASSING.
SO THE THREE THREE BILLS THAT I'M TALKING ABOUT RIGHT NOW, THIS IS NUMBER TWO.
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 PLAT 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. MORTEL? 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.
MACAULAY 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.
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 THE TEN DIFFERENT PARCELS.
AND WHAT YOU GET IS WHEN YOU HAVE A PLAT. THE SETBACK.
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.
WHAT 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 INTO 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 THE ROAD IS AN EASEMENT, IT IS.
AND THE LOTS ARE 4356FT SQUARE FEET EACH. SO THEY'RE SMALL TO START OUT WITH IN THIS.
[01:50:07]
I DON'T KNOW HOW IT'S GOING TO WORK. I'M NOT TOO CONCERNED ABOUT IT BECAUSE THERE IS NOT ANYWHERE IN STUART CURRENTLY APPARENTLY THAT IS EGG THAT ISN'T PLATTED. SO THIS ISN'T GOING TO HAVE A HUGE FACTOR ON US.I DON'T KNOW HOW IT WORKS WITH AN AMENDMENT TO A PLAT, BECAUSE THAT'S NOT ADMINISTRATIVE.
THAT'S DIFFERENT BECAUSE YOU'VE ALREADY GOT VESTED PROPERTY RIGHTS. THIS APPLIES TO PLATS AS WELL.
BUT WHAT WOULD BUT WHAT WOULD BE THE BASIS TO REPLAT.
SO IF THEY'RE REPLATTING, AS LONG AS THEY'RE THE TOTAL OWNER OF ALL THE PROPERTIES.
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 IN IN IN THE. OH, SORRY. GO AHEAD.
MY QUESTION IS BOTH TO YOU AND TO THE CITY MANAGER.
WELL, IT'S THE DEVELOPMENT DIRECTOR. IT'S 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. THE DEVELOPMENT DIRECTOR ALREADY HAS THE AUTHORITY TO DO THAT.
YEAH. THE 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 ANYTHING THAT CAN DO ADMINISTRATIVELY FOR YOU AND IT WOULDN'T BE A BAD IDEA.
AND 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 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, IN THIS BEING THE THIRD SESSION AFFORDABLE HOUSING AND LIVE LOCAL HAVE REALLY DOMINATED THIS SPACE. SO WITH THAT SAID, I'M GOING TO GO ON TO THIS BILL, SB 1730, WHICH HAS ALSO PASSED OR IS ON, I SHOULD SAY, THE SENATE CALENDAR RIGHT NOW FOR 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, 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 OR READING OF LIVE LOCAL ACT.
YOU PROBABLY WOULD HAVE INTERPRETED THAT ANYWAY.
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.
NOW 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 MORATORIUM IN ANOTHER BILL.
[01:55:04]
BUT 943 IS THE BIG ONE. THIS. THIS PRESENTS ONE OF THE BIGGEST EXPANSIONS OF THE LIVE LOCAL ACT.I HAVE THREE SLIDES. UNFORTUNATELY FOR THIS ONE, I'M NOT GOING TO NECESSARILY READ THEM ALL, BUT I DO WANT TO MAKE A FEW POINTS ABOUT IT. A LOT OF THE LANGUAGE IS CLARIFYING ON EVERYTHING THAT PASSED IN THE LOCAL ACT.
WE CAN'T DISCRIMINATE BY LIMITING OR PROHIBITING AFFORDABLE HOUSING PROJECTS.
SO AGAIN, THEY'RE THEY'RE ADDING LANGUAGE IN THERE TO KIND OF TIE ANY POTENTIAL LOOPHOLES.
PARKING REQUIREMENTS 20%. YOU SEE THAT 20% NUMBER AGAIN FOR THESE FOR THESE PROJECTS IN THIS BILL.
THAT'S CORRECT. LESS THAN 20,000. OKAY. YEAH, IT WOULD BE.
ONE OF THEM WOULD BE 999FT². WELL, YOU SAID 21, RIGHT? AND THEN THERE'D BE NO PARKING REQUIRED. I JUST WANTED TO CLARIFY. I DID NOT WRITE THESE. SO.
WOW. THAT'S CRAZY. IT IS CRAZY. AND I HAD A QUESTION ABOUT URBANISM.
THAT'S IF THEY'RE IN THERE. YES, MA'AM. YEAH.
MY QUESTION IS, AND MAYBE I'M READING IT WRONG, SPECIFIES THAT MULTIFAMILY OR MIXED RESIDENTIAL, MULTIFAMILY OR MIXED RESIDENTIAL DEVELOPMENTS COVERED BY LIVE LOCAL ACT MAY NOT HAVE ANY MORE PROHIBITIVE REGULATIONS REGARDING DENSITY.
HEIGHT IS MY CONCERN. SO THEY'RE SAYING WE HAVE WE CANNOT USE A HEIGHT RESTRICTION.
WE HAVE OUR OWN OPPOSITE. YEAH WE HAVE. THEY'VE LEFT HEIGHT IN PLACE.
IT'S DENSITY, WHATEVER THE HIGHEST DENSITY WAS FROM JULY 2023 TO THE PRESENT.
AND THE HEIGHT IS WHATEVER THE HIGHEST HEIGHT WAS FROM JULY 2023 TO THE PRESENT.
THE LOWER DENSITY WE JUST CAME UP WITH WOULD NOT BE ALLOWED.
RIGHT, RIGHT. YEAH. SO IN THEORY, COULD YOU MATCH THE HOSPITAL? SO WE HAVE OUR HOSPITAL IN A HOSPITAL DISTRICT AND NOT IN A GENERAL HOUSING HEIGHT DISTRICT.
AND SO THAT IS UNCHALLENGED CURRENTLY. I TOLD SOMEBODY WHEN THE FIRST LIVE LOCAL ACT CAME OUT THAT I WOULD DENY IT, AND THAT I ONLY NEEDED TO DENY IT LONG ENOUGH FOR THE NEXT LEGISLATIVE SESSION, BECAUSE JUPITER ISLAND WOULD HELP ME FIX IT.
AND THEY WENT AWAY. SO I DON'T KNOW THE ANSWER, BUT I WAS NOT GOING WITH THE HEIGHT.
OKAY, SO I'LL GO ON TO THE SECOND SLIDE FOR THIS.
SO IT'S A LITTLE BIT DUPLICATIVE HERE. BUT THE THE FIRST POINT THEY TALK ABOUT ALLOWING IT IN ANY ERA, I SHOULD SAY ALLOWING ADUS IN ANY AREA. THEY'RE ZONED SINGLE FAMILY AND PREEMPTING US FROM UNREASONABLY INCREASING THE COST OF CONSTRUCTION.
SO I KNOW THE STATE HAS AN INTEREST IN STARTING TO TRACK THESE SO THAT IN THE FUTURE THEY CAN.
I DON'T WANT TO SAY THE ONLY THING WE CAN TRACK IS NEW PERMITS, AND THEY CAN ONLY BE BASED ON A PROPERTY OWNER COMING IN AND TELLING US IT'S AN ADU, BECAUSE IF THEY'RE ALREADY BUILT, WE CAN'T TRACK THEM.
WE HAVE NO WAY OF KNOWING. WE YEARS AGO, WE TRIED TO JUST SEE IF WHAT HOUSES WERE RENTED, TO SEE IF TENANTS WERE IN HOUSES OR WHAT THE USES WERE, AND IT FELL FLAT.
WE DID NOT GET ANY COOPERATION FROM THE COMMUNITY AT ALL.
AND IT JUST IT'S IMPOSSIBLE. I MEAN, THIS IS BASICALLY THE AIRBNB BILL.
I'M NOT SAYING IT'S EASY, BUT BECAUSE YOU CAN GO ON AIRBNB AND SEE IF IT'S FOR RENT.
OKAY, BUT IF I BUILT AN ADU AND PUT AN ANNUAL RENTAL IN IT AND PUT AN ANNUAL TENANT IN IT, YOU'RE NOT GOING TO BE ABLE TO TRACK IT. THERE'S NO PARKING REQUIREMENT, THERE'S NO NOTHING. AND IT'S JUST GOING TO, YOU KNOW, IT'S GOING TO BE VERY DIFFICULT. WE CAN TRACK THE NEW ONES THAT GO FORWARD, BUT WE HAVE A LOT OF ACCESSORY DWELLING UNITS IN STUART ALREADY THAT AREN'T
[02:00:08]
TRACKED AND WHERE PEOPLE HAVE CONVERTED THEIR GARAGES INTO, YOU KNOW, GUEST HOUSES AND ALL SORTS OF STUFF THAT WE'LL NEVER BE ABLE TO TRACK.WHAT IT IS SAYING MAY NOT BE LEASED FOR THE TERM OF LESS THAN ONE MONTH, WHICH WOULD NOT.
RIGHT, RIGHT. WELL, THEN THIS IS IN CONFLICT WITH THAT.
THAT'S THAT WOULDN'T BE THE FIRST STATE LAW THAT WOULD IT BE IN CONFLICT WITH ITSELF? THAT'S THE THAT'S THE IRONY. SURE. CLARK, DO YOU HAVE A COMMENT? YES.
SO YOU MENTIONED THE THE ADU AND THE AIRBNB. SO THAT PROBLEM THAT WE HAVE, LIKE THE CASA TERRACE ISSUE WITH THE PERSON SPLITTING THEIR HOME INTO LIKE THREE DIFFERENT UNITS.
SO THAT'S NOT AN ISSUE. THAT'S A DENSITY ISSUE.
OKAY. SO THE DISTINCTION. SO AN ADU DOESN'T COUNT AS A UNIT.
IF I HAVE A SINGLE FAMILY HOME ON A PARCEL AND I PUT AN ADU OUT BEHIND IT, THAT'S STILL ONE UNIT.
IF I HAVE A SINGLE FAMILY HOME AND I CUT IT INTO ONE THIRD, ONE THIRD, ONE THIRD, AND I PUT ADDRESS ONE, TWO, THREE MAIN STREET, APARTMENT A, B, AND C, NOW I'VE GOT THREE UNITS AND THAT'S A DENSITY EQUATION.
AND WE'VE HAD THAT WITH ANOTHER PROPERTY TOO.
OKAY. ALL RIGHT I JUST WANTED TO BRING UP THE DISTINCTION.
SO YOU KNOW THIS THIS BILL IS DUPLICATIVE AS FAR AS THAT POINT.
SO THE NEXT SLIDE IS THE THE MOST IMPORTANT ONE.
NOW I LEFT THIS UP THERE, BUT THANKFULLY I THINK IT WAS THURSDAY LAST WEEK.
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. DO 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 THERE. YES.
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, 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.
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 CONNORS, STAND BY HERE.
[02:05:06]
THERE WAS SOME DISCUSSION. THE BILL HAS ONE MORE COMMITTEE OF REFERENCE, WHICH IS THE STATE AFFAIRS COMMITTEE, AND THE NEXT MEETING IS CURRENTLY SCHEDULED FOR THE 17TH OF APRIL, BUT THERE IS NO PUBLISHED AGENDA.THE HOUSE IS CURRENTLY ON A 24 HOUR MEETING NOTICE.
THE BILL HAS BEEN PLACED ON THE HOUSE SPECIAL ORDER CALENDAR.
ONCE THAT HAPPENS, IT CAN BE HEARD AND AMENDED.
THEN IT GETS ROLLED OVER TO THIRD READING. THIS IS WHEN THE HOUSE VOTES ON THE BILL.
THEN THEY WOULD SUBSTITUTE THE HOUSE BILL WITH THE SENATE BILL AND PASS IT.
AND IT GOES DIRECTLY TO THE GOVERNOR. RIGHT. IF THEY DON'T LIKE THE SENATE VERSION, THEY CAN TAKE THE SENATE BILL AND REMOVE LANGUAGE, ETC., BUT IT'S ALMOST VERBATIM ANYWAY, SO IT'S LIKELY THAT'S WHAT THEY'LL DO.
YEAH. I TRY NOT TO GET INTO BORING EVERYBODY WITH THE PARLIAMENTARY, BUT THE REALITY IS THEY COULD AT ANY TIME WAIVE WHAT THEY CALL THE RULES, WHICH IS THAT THEY HAVE TO GO THROUGH THREE COMMITTEES BEFORE GOING TO THE FLOOR OF ANY CHAMBER, AND THEY COULD JUST BRING IT TO THE FLOOR OF THE CHAMBER. SO THAT'S WHY WE NEVER SAY NEVER. WE'RE ALWAYS WATCHING THESE BILLS BECAUSE THEY COULD POP UP AT ANY POINT.
WITH THAT SAID, 943 HAS A 5050 RIGHT NOW OF PASSING BECAUSE TIME COULD RUN OUT.
SO YOU CAN'T SEE ANY EVEN THOSE ADVISORY BOARDS, THEY WOULD BE NULL AND VOID AS FAR AS THOSE PROJECTS GO, THEY WOULD NOT HAVE A SAY IN THE PROCESS. SO THEY GO TO THE DEO.
WELL, WITH. SO THERE'S ANOTHER BILL I WANT TO TALK ABOUT LATER.
OKAY. AND AND IT'S ACTUALLY ALL DONE ADMINISTRATIVELY, BECAUSE WHEN YOU THINK ABOUT THESE AFFORDABLE HOUSING PROJECTS, THEY HAVE TO BE QUALIFIED AS AN AFFORDABLE HOUSING PROJECT. BUT IT'S THE STATE DEPARTMENT THAT ACTUALLY NOT THE STATE DEPARTMENT, THE FLORIDA HOUSING FINANCE CORPORATION, THAT ACTUALLY WILL DETERMINE THAT.
WELL, THAT'S ACTUALLY 100% ACCURATE. IT'S OUR ADMINISTRATIVE REVIEW, AND IT'S OUR RESPONSIBILITY TO ENTER INTO A LARA, WHICH IS A LAND AGREEMENT THAT WOULD REGULATE THE USE OF THE LAND.
THE STATE ONLY DOES THE ONES THAT ARE QUALIFIED FOR THE 100% TAX EXEMPTION, BECAUSE THEY'RE GOING TO MAINTAIN THEIR RENTS AT THE STATE, SET RENT OF LIKE 1300 A MONTH A MONTH.
IF A LANDLORD IN MARTIN COUNTY WANTS TO HAVE THEIR RENT BE BASED UPON 120% OF THE AVERAGE, THE AMI, WHICH IS $84,000, THE AVERAGE RENT THERE TO MEET THE AFFORDABLE HOUSING IS $2,530 A MONTH, INCLUDING UTILITIES. SO LET'S TAKE 300 BUCKS OFF FOR WASTEWATER, WATER, ELECTRIC, CABLE AND GARBAGE AND STORMWATER. AND THAT LEAVES ABOUT $2,200.
IF THE LANDLORD OR DEVELOPER WANTS TO CHARGE AND WILL AGREE TO SIGN A LORA AGREEMENT, WHICH IS A DEED RESTRICTION FOR 30 YEARS, DOESN'T GO TO THE STATE, WE HAVE TO ADMINISTRATIVELY DO IT HERE AND REGULATING 40% OF THEIR UNITS.
THE BIGGEST PROBLEM WITH THAT IS ONCE THEY SIGN THAT AGREEMENT, HOW DO WE KNOW WHAT THEIR RENTS ARE YEAH, LIKE WE DON'T GET TO SEE THE RENT. SO IT'S WHY IT'S NOT ABOUT AFFORDABLE HOUSING, RIGHT? WELL, MY UNDERSTANDING WAS THAT, I MEAN, WHAT QUALIFIES AS AFFORDABLE HOUSING IS NOT SET BY US.
THAT'S SET BY THE STATE. IT'S 120% OF THE AMI, RIGHT, WHICH IS 2200 BUCKS A MONTH FOR A TWO BEDROOM, TWO BATHROOM APARTMENT. BUT THEN LET'S SAY WE SET IT AT THAT AND LET'S SAY THEY COME IN AND WE SIGN THE ADMINISTRATIVE DEAL AND WE SAY THAT'S WHAT THE RENT'S GOING TO BE, RIGHT? WELL, LET'S SAY HOW DO WE TRACK IT? ADVERTISING FOR 3000 A MONTH.
AND THEY SAY THAT'S NOT ONE OF THE 40%. YEAH.
THEY SAY ALTHOUGH THOSE ARE THERE OTHER ONES THAT'S NOT WITHIN THE 40%.
THOSE ARE OUR 40% ARE ALL FULL. WE'RE JUST ADVERTISING THE 3000.
AND YOU DON'T KNOW. AND AND HOW DO YOU DO THE AUDIT.
BECAUSE THIS IS THEM JUST TRYING TO KEEP 2019 AND 2020 GOING FOREVER.
ESSENTIALLY IT'S IT'S TO KEEP PAVING AND KEEP PRODUCING BUILDINGS.
I MEAN THAT'S THAT'S WHAT THEY'RE DOING. I DIDN'T WANT TO TRY TO.
THIS BILL IS MASSIVE AND THERE ARE A LOT OF POINTS WE COULD GO INTO.
EVEN SO, IT GETS REALLY COMPLICATED. BUT THE BIGGEST POINTS I THINK THAT MATTER THE MOST HERE IS THAT AT THE END OF THE DAY, OOPS, TRY TO GET THE LASER POINTER. LOCAL GOVERNMENTS MUST AUTHORIZE THE
[02:10:06]
INCLUSION OF AN ADJACENT PARCEL OF LAND AS PART OF THE MULTIFAMILY DEVELOPMENT, REGARDLESS OF THE LAND USE DESIGNATION ON THE ADJACENT PARCEL.SO I DIDN'T MENTION THE DEMOLITION PART. 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 OUT OF 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.
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.
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 11, THERE'S ANOTHER ONE.
1135. 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. COME ON, I GOT IT.
NO, NO. THAT'S DIFFERENT. ONE CONCERN THAT I HAVE HERE IS THAT YES, IT DOES START WITH THE PREMISE OF EMERGENCY, AS YOU CAN SEE. BUT THIS IS REALLY ABOUT LAND DEVELOPMENT REGULATIONS AND OUR ABILITY TO ADOPT THEM.
BUT THE COUNTY HAS TO HAVE BEEN DECLARED BY THE FEDERAL GOVERNMENT TO BE IN THE EMERGENCY.
DO YOU HAVE A QUESTION? 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 LIFE.
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 TO COMMISSIONER JOB'S POINT, I WILL SAY THIS.
THIS ONE WENT UNDER THE RADAR ALMOST THE WHOLE SESSION THUS FAR, BECAUSE EARLY ON, WE BELIEVED THAT THE LANGUAGE WAS MORE SUFFICIENTLY TRYING TO TARGET THOSE HOME AND HOMEOWNERS 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 YEARS AND I WILL SAY THREE YEARS UP FRONT, COUNTIES AND CITIES IN THOSE COUNTIES THAT WERE IN A DECLARED
[02:15:04]
EMERGENCY OR NEAR ONE. AND THEY'LL GET TO THAT IN A SECOND, BECAUSE IT HAS TO DO WITH STORM TRACK CANNOT ADOPT, AND THEY CANNOT ADOPT COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS OR DO A MORATORIA, BY THE WAY, AND THAT'S RETROACTIVE TO AUGUST OF LAST YEAR.THAT RETROACTIVE CLAUSE. AND THERE'S REALLY INTERESTING IT FEELS PERSONAL BECAUSE THAT'S WHEN WE STARTED OUR ZIP, RIGHT? AND IT IS PERSONAL NOW. EVERYTHING WE JUST DID WOULD BE VOIDED.
RIGHT NOW I WILL SAY THAT RETROACTIVE CLAUSE I DON'T BELIEVE HAS TO DO WITH US PER SE.
IF WE DON'T FOLLOW THIS. AND THE LAST POINT IS, THE ONE THAT'S EVEN MORE CONCERNING, I THINK, IS THAT PROSPECTIVELY. SO IN THE FUTURE, IF WE HAVE A HURRICANE THAT COMES THROUGH THE STATE OF FLORIDA, THE GOVERNOR SAYS, WELL, I NEED TO DECLARE A STATE OF EMERGENCY FOR 40 SOMETHING COUNTIES, EVEN THOUGH IT MIGHT ONLY HIT A FEW COUNTIES. I DON'T KNOW WHERE IT'S GOING TO LANDFALL AGAIN, THAT, YOU KNOW, IT'S FEDERAL. IT'S NOT THE STATE. OUR DECLARATION OF EMERGENCY DIDN'T HAVE ANY IMPACT ON IT, NEITHER THE FEDS OR THE STATE. AND WHEN I LOOKED UP, MILTON DADE AND BROWARD COUNTY WERE NOT FEDERALLY DECLARED EMERGENCIES.
AS FAR AS MILTON IS CONCERNED, I DIDN'T LOOK UP THE OTHER TWO HURRICANES, HELENE AND THE OTHER ONE, DEBBIE. ONCE I LOOKED UP MILTON AND SAW THAT MARTIN COUNTY WAS IN IT, I DIDN'T SPEND ANY MORE TIME SEARCHING IT.
I IMAGINE IF YOU LOOKED UP ALL THREE HURRICANES, YOU'D COME PRETTY CLOSE TO 67.
AGAIN, I DON'T KNOW HOW YOU ADOPT A COMP PLAN THAT IS NOT MORE RESTRICTIVE TO SOMEONE.
THAT WOULDN'T BE UNTIL OCTOBER 1ST OF 2027. BUT IF WE HAD A HURRICANE COMP PLAN THAT WERE MORE LIBERAL, YOU COULD GO UP. YEAH, YEAH, YEAH. 35 UNITS AN ACRE.
THAT'S TRUE. YEAH. IT SHOULD BE NOTED TOO, THAT THAT PROPERTY OWNERS JUST SO THAT THE SOMEBODY WATCHING THIS MEETING OR WHATEVER, IT DOESN'T PROHIBIT THE LANDOWNER FROM MAKING AN APPLICATION FOR A COMP PLAN AMENDMENT.
JUST THE GOVERNMENT. RIGHT. YEAH. THAT'S TRUE.
SO AGAIN, THE FIRST YEAR WE WOULD BE ABLE TO DO THAT WOULD BE OCTOBER 1ST, 2020.
YEAH, TO THAT POINT. YEAH. IF A LANDOWNER CAME IN AND SAID, I WANT TO REDUCE MY DENSITY.
OH, OKAY. BUT BUT HE WOULDN'T. NO HE WOULDN'T.
BUT 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 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. 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. WHO SPONSORED THIS? SOMEBODY IN SAINT PETERSBURG.
LUCIFER. LUCIFER. OH, MR. HOGARTH, DO YOU KNOW WHO SPONSORED THIS HOUSE? I MEAN, I DON'T KNOW, OFF THE TOP OF MY HEAD. I DON'T KNOW.
LOOK IT UP. YEAH, I DON'T KNOW WHICH. 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 TRYING TO GET AHOLD OF HIM FOR LIKE, TWO MONTHS OR SOMETHING ELSE, I'LL CALL JOHN. 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. OR PAGE 50. JUST TAKE OUT THE ZONING IN PROGRESS LANGUAGE.
SO THE REASON. YEAH. AND I MEAN THAT'S THE WAY TO GO.
ABOUT IT, OF COURSE, IS TO ASK THEM FOR AN AMENDMENT. BUT IT'S IMPORTANT TO TO NOTE THAT WE'RE SEEING THIS MORE AND I HAVEN'T WE'RE 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.
AND 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.
SPEAKING TO JORDAN, THE SENATE VOTED TOTAL OUT OF COMMITTEE ON THE FLOOR.
SO THE SENATE VOTE WASN'T COMMITTEE, IT WAS STRAIGHT VOTE.
[02:20:01]
THIS ONE. YEAH. YES. IT'S OVER IN THE SENATE.IT'S DONE. THEY FINISHED IT. WELL THEY HAVE A MEETING ON WEDNESDAY.
SO THAT'S WHY I WAS TRYING NOT TO DEPRESS EVERYBODY IN THE ROOM OR TO BE DEPRESSING.
SERIOUSLY? YOU'VE DONE A GOOD JOB. BEAT YOU TO IT.
SO THE LAST FEW BILLS ARE GOING TO BE PRETTY QUICK.
THANKFULLY FOR THE CRA BILL IT WAS AMENDED OR AN AMENDMENT WAS FILED, I SHOULD SAY, TODAY.
SO THAT THAT IS SOMETHING THAT WE BELIEVE THIS BILL WILL PASS.
THERE WON'T BE ANY NEW CRAS ALLOWED IN THE STATE.
SO THEY ARE GOING TO BE SUNSET. BUT INSTEAD OF IT JUST STOPPING US FROM DOING ANY NEW PROJECTS WITH ALL THAT TAX REVENUE AFTER OCTOBER 1ST OF THIS YEAR, THEY AMENDED IT TO SAY THOSE PROJECTS CAN CONTINUE AS LONG AS YOU CAN COMPLETE THEM BEFORE THE TERMINATION DATE OF YOUR CRA OR THE, THE BONDEDNESS AND THE AND THE THE DEBT SERVICE ITSELF NEEDS TO BE COMPLETELY CLEARED OUT BEFORE THE TERMINATION OF YOUR CRA.
IT JUST SO HAPPENS THAT WE IT WAS AT 2019, WE RENEWED FOR ANOTHER 30 YEARS.
SO ALMOST EVERY PROJECT THAT WE WOULD BE WORKING ON IN THE NEAR FUTURE.
WE COULD GET COMPLETELY FUNDED COMPLETED LONG BEFORE THAT.
SO THAT WAS THE THE REASON I KEPT THIS ON HERE IS BECAUSE THAT WAS ONLY THE HOUSE BILL THAT HAD THAT AMENDMENT, AND IT WAS THE BILL SPONSOR. SO IT'S PROBABLY GOING TO CHANGE.
MOST PEOPLE UNDERSTOOD THAT THIS IS HOW THE LANGUAGE NEEDED TO BE, THAT THIS COULD HAVE BEEN OBJECTION TO THE CRA COME CAME FROM ONE HOUSE MEMBER OVER A PARADE. THE SOURCE OF IT. MAYBE THEY'LL CHANGE THIS.
THAT'S ESSENTIALLY WHAT THE BILL WOULD HAVE DONE. MR. JOB, DO YOU HAVE A QUESTION? I ACTUALLY 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 PERSON 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.
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 INDIAN TOWN, WHICH IS GROWING WITH SO MANY.
RIGHT. THEIR, 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 THE 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.
RIGHT. AND WHAT'S THE FEE? MR. WE CHARGE IT. IT'S NOT 150.
IT'S OUR BUSINESS. TAXES RANGE FROM $25 $5 TO $100.
I MEAN, 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 GOING TO PASS IF I HAD TO TAKE A GUESS.
IT'S NOT EVEN GOING TO GET OUT OF COMMITTEE. COMPLETELY GOOD NEWS.
[02:25:02]
SO ONE BILL MADE IT, THE SAME THING WITH THE LOCAL OPTIONS TAX.IT WAS AMENDED. WELL, THE AMENDMENT WAS FILED TODAY.
SO IN MY OPINION, BECAUSE IT'S THE BILL SPONSOR, IT'S GOING TO BE APPROVED.
BUT WHAT WE WERE CONCERNED ABOUT IS THAT SURTAX THAT WAS PASSED FOR FOR MARTIN COUNTY RESIDENTS BACK IN NOVEMBER IN THE ELECTION, THAT WAS GOING TO BE A TEN YEAR. WHAT THIS WOULD HAVE WOULD HAVE CUT IT DOWN TO EIGHT YEARS.
THIS BILL STILL REQUIRES ALL FUTURE SUCH TAXES TO ONLY GO EIGHT YEARS MAXIMUM.
HOWEVER, THEY DID PUT IN A GRANDFATHER CLAUSE WITH THAT NEW AMENDMENT, WHICH MEANS BECAUSE WE HAVE THIS NEW TAX ALREADY ON THE BOOKS BEFORE JUNE OF OR THE END OF JUNE THIS YEAR IT'S EXEMPT FROM THAT PROVISION.
SO IT WOULD STILL BE ABLE TO GO TEN YEARS THEN.
ANY ANYONE AFTER THAT WOULD ONLY BE EIGHT YEARS MAX.
HALF CENT SALES TAX THAT WOULD ALSO HAVE BEEN AFFECTED.
SO THIS BILL DOES HAVE A HIGH CHANCE OF PASSING.
BUT THE MOST CONCERNING LANGUAGE, AT LEAST FOR THAT TAX, IS IS OUT RIGHT NOW.
SO AGAIN A LITTLE BIT MORE LIGHT THERE. SO THAT'S JUST GOING TO RESTRUCTURE THE BOND.
THE I MEAN I MEAN I DON'T MIND STUFF SUNSETTING.
THAT DOESN'T BOTHER ME AS LONG AS YOU CAN RENEW IT IF YOU SO SO CHOOSES.
RIGHT. YEAH. OKAY. I THINK THEY WERE CONCERNED ABOUT SOME OF THE, THE LEGAL RAMIFICATIONS OF, OF CONFLICTS WITH BONDS. SO I THINK THAT WAS PART OF WHY THEY DID THAT.
THIS IS SUPER CONCERNING FOR US FINANCIALLY BECAUSE IF YOU LOOK AT THE CHANGES IT'S GOING TO BASICALLY COME OCTOBER ALMOST TRIPLE OR 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.
YEAH, THAT WENT TO 3 MILLION, WHICH WOULD HAVE BEEN TEN TIMES WHAT IT IS TODAY IN FIVE YEARS.
SO SUBSTANTIALLY DIFFERENT. WHAT THIS THIS IS THIS IS ALWAYS A VERY SILLY NAME TO ME.
IT MEANS 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.
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.
YOU KNOW, THE CRA BILL AND THE BUSINESS TAX BILL WOULD BE FINANCIAL HITS RIGHT UP FRONT.
I JUST MY CONCERN WITH A BILL LIKE THIS IS WHILE MIKE IS CORRECT THAT THERE HAVE BEEN LIMITATIONS, INCLUDING THE STATUTE OF LIMITATIONS ACTUALLY BEING REDUCED FROM, I THINK, 3 TO 2 YEARS 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 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.
SO. SO, MR. MARTELL, OUR INSURANCE BILL, IF THIS WERE TO PASS, IT IS PASSING.
OUR INSURANCE BILL WOULD GO UP. CORRECT? IT WILL. YES. AND WE DISCUSSED IT AT TRI-CO.
WHAT? AND WE HAVE DISCUSSED IT AT TRI-CO MEETINGS THAT IT'LL IT'LL CAUSE IT TO GO UP FOR SURE.
[02:30:05]
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 PLAINTIFFS ATTORNEYS TO MAKE IT A BIGGER CLAIM.
RIGHT. SURE. THERE'S THEIR MOTIVATION TO SETTLE BEFORE WAS BETTER BECAUSE THEY, YOU KNOW, IF YOU OFFER THEM 150, 160 GRAND, 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.
THEY CAN LET IT RIP. YEAH. SO OKAY. WELL, THAT'S NOT 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 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 REGULATION ASSISTANCE UNDER THE STATE LAND PLANNING AGENCY TO THE GREATEST EXTENT POSSIBLE. SO FOR THE PUBLIC, WE GET ASSISTANCE IN PLANNING.
A LOT OF THAT CAME FROM, YOU KNOW, BEING A SMALL CITY.
A LOT OF THAT 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 OF CITY GOVERNMENTS AND COUNCILS WITH THE AUTHORITY TO KIND OF DETERMINE HOW THEIR COMMUNITIES LOOK. IT'S JUST SO PIECEMEAL. AND OBVIOUSLY THE, THE BOILING FROG METAPHOR IS USED OFTEN.
AND NOW THEY'RE KIND OF, YOU KNOW, STUFFING IT INTO OTHER PACKAGES AND YOU CAN'T SEE.
YEAH, I GUESS HE 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 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 SYSTEM, AND COMPLETELY DIVORCE THE 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 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, DEVELOPERS, OBVIOUSLY DEVELOPERS POSING AS LOBBYISTS.
[02:35:01]
YEAH, IT DOESN'T NECESSARILY BENEFIT THE RESIDENTS THAT LIVE IN THE STATE OF FLORIDA.YEAH, I DON'T KNOW HOW YOU LOOK AT IT. I MEAN, YEAH, WITHOUT GETTING INTO THE POLITICS OF IT IS, BUT IT'S 2100 A MONTH. EULA. THAT'S. LOBBYISTS.
THE DEVELOPERS ARGUMENTS FOR. 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? SEEING NONE. THANK YOU BEN. THANK YOU ALL. I APPRECIATE IT VERY MUCH.
CAN I GET A MOTION FOR APPROVAL OF THE CONSENT CALENDAR?
[CONSENT CALENDAR]
MOVE. APPROVAL. WE HAVE WE HAVE A MOTION BY COMMISSIONER CLARK AND A SECOND BY COMMISSIONER JOB.IS THERE ANY PUBLIC COMMENT ON THIS ITEM? SEEING NONE.
ROLL CALL. COMMISSIONER. YES, COMMISSIONER. READ.
YES, MAYOR. RICH. YES. VICE MAYOR COLLINS. YES.
AND COMMISSIONER CLARK. YES. MR. BAGGETT, COULD YOU READ ITEM TEN FOR OUR CONSIDERATION, PLEASE?
[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.]
SURE. RESOLUTION NUMBER 43, DASH 2025, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPOINTING THE ADVISORY BOARD MEMBER, PEARLY CLARK, FOR THE VACANT POSITION OF THE STUART HISTORICAL ADVISORY COMMITTEE AND ADOPTING THE MEMBER TERM FOR THE REMAINING 2025 CALENDAR YEAR, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES.WE MAY SIT THROUGH THIS WHOLE MEETING. SHE IS PRESENT IN THE AUDIENCE.
AND, MR. MAYOR, IF THERE'S NO QUESTIONS. RESOLUTION NUMBER 43 2025 I MOVE APPROVAL ON THE BASIS THAT I KNOW MISS CLARK VERY WELL, AND I KNOW THAT SHE'S GOING TO BE A GOOD MEMBER OF THIS EAST STUART HISTORICAL ADVISORY COMMITTEE.
DO WE HAVE ANY PUBLIC COMMENT ON THIS ITEM? SEEING NONE.
ROLL CALL PLEASE. MAYOR. RICH. YES, COMMISSIONER.
YES, COMMISSIONER. CLARK. YES, COMMISSIONER. READ.
YES. AND VICE MAYOR COLLINS. YES. WHOA! CONGRATULATIONS.
DO YOU WANT TO SAY SOMETHING? OH. WE DID THAT EARLY IN THE MEETING WE HAD WE HAD PERSUADED MIKE, YOU SAID IT WAS JUST GOING TO BE MIKE. WELL, IT WAS NON AGENDA ITEM.
WE HAD PUBLIC COMMENT. NO. OH. LET HER TALK. WHY DON'T WE.
WHICH ITEM? MISS MCBRIDE. COMMENTS FROM THE PUBLIC AGENDA.
YES. WE PROVIDED OPPORTUNITY FOR THAT ON THE AGENDA.
OH, DO I HAVE. NO, NO. 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. SHIRLEY WANTS TO SAY SOMETHING.
SURE. AFTER THAT. SORRY. MISS CLARK WANTS TO SAY SOMETHING.
BOARD MEMBER. CLARK. BOARD MEMBER. CLARK. IT'S INDEED A PLEASURE TO BE OKAY.
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 SHE ALSO SERVED ON THE CRB BOARD FOR MANY YEARS.
SO SHE'S BEEN A AN AVID VOLUNTEER FOR THE CITY.
SHE'S A MOTHER OF THE EDITOR OF THE PALM BEACH POST.
WELL, CONGRATULATIONS, MISS CLARK. WE LOOK FORWARD TO YOUR CONTRIBUTION.
[PRESENTATIONS (Part 3 of 3)]
BECAUSE YOU KNOW, MR. MORTAL CAN'T REALLY, FROM MY UNDERSTANDING, EVEN CALL JOHN SNYDER.CORRECT. SO IT HAS TO BE AFTERWARDS. I FEEL LIKE WE'RE ALL PRETTY MUCH ON THE SAME PAGE WITH THESE, BUT I THINK THE BEST COURSE OF ACTION WOULD BE INDEPENDENT RESOLUTIONS.
[02:40:05]
REQUESTING THAT, YOU KNOW, YOU MIGHT HAVE BETTER LANGUAGE FOR THIS, BEN, BUT THAT THEY VOTE NO, THAT WE MAKE SOME CHANGES HERE. BUT I WOULD LIKE TO TO SEE US SEND CORRESPONDENCE, YOU KNOW, WITH A RESOLUTION FOR EACH ONE OF THESE. SB 784, HB 381 ALSO FOR SB 1730, ALSO FOR HB 943, AND LASTLY HB ONE FIVE, I WOULD, I WOULD SAY JUST INDIVIDUALLY FOR, FOR THE BECAUSE OF THE LOCATION OF WHERE THEY'RE AT THE BILLS THAT WE WOULD HAVE THE POTENTIAL OF HAVING AN IMPACT ON BECAUSE THEY'RE NOT ALREADY ON THE FLOOR GETTING VOTED OR HAVE GOTTEN VOTED WOULD BE.943 SO THE ONE THAT WE'RE MOST CONCERNED WITH, 1535 IS ANOTHER ONE STILL IN COMMITTEE.
WE'RE NOT WORRIED ANYMORE ABOUT THE CRA BILL.
SO THE ONLY OTHER ONE THAT WOULD BE THE SOVEREIGN IMMUNITY BILL IS STILL.
WELL, NO, SORRY. 784 SB 784. SO THAT'S ON THE SENATE CALENDAR ALREADY, MEANING IT'S THE ADU BILL PASSED THE SENATE UNANIMOUSLY, AS MIKE SAID. SO THAT'S ON THE HOUSE NOW, THE SENATE THE SENATE IS TAKING THAT UP, I THINK, THIS WEEK FOR THE PLATTING 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 HUNCH.
WOULD YOU PREFER IT IF I, IF I. WELL, BECAUSE THE ISSUE IS, IS TIMING.
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 FOR SURE. BUT THAT'S THAT'S HIS POWERFUL.
IT'S THOSE OF YOU WHO WISH TO DO IT. UNFORTUNATELY, THEY DON'T PICK UP THE PHONE.
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.
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 1535 BILL. THOSE TWO BILLS ARE THE 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 LEAGUES ALL OVER IT AND A LOT OF OTHER AGENCIES.
SO WE THOSE ARE THE TWO THAT WE HAVE THE BIGGEST CITIZENS.
1730 WAS THE 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.
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, I DON'T AGREE TO THAT. YOU DO NOT KNOW.
YOU 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.
YEP. 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.
WHAT? IT'S A GENERAL HOME RULE ISSUE TOO. SO IT'S A PREEMPTION ISSUE.
AND THEN IF WE CAN GET THOSE IN THERE THEIR EMAIL BOXES AS QUICKLY AS HUMANLY POSSIBLE.
YEAH. WEDNESDAY APPARENTLY IS ONE OF THE BIG DAYS THIS WEEK.
[02:45:02]
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 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 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 FORM 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 SUCCINCT.
IT'S NOT IT 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. WELL, 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 IN 1535.
IT HAS A COMPANION IN THE SENATE THAT IS VERY DIFFERENT.
IT'S NOT EVEN CLOSE TO THAT. SO IT'S IT HITS ON OTHER PARTS OF EMERGENCY MANAGEMENT.
AND IT DOESN'T TALK ABOUT ZONING IN PROGRESS. IT DOESN'T I CAN'T SAY THAT EITHER.
THE ONE THAT IS IN THE SENATE SIDE TALKS MORE ABOUT POST-DISASTER FOR SIX MONTHS.
NOT THAT I REMEMBER THAT ONE. NO. THE SENATE BILL I'M TALKING ABOUT FOR THE 1535, HB 1535.
AND FOR THE BETTER OR WORSE FOR US, WE 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 FIVE, THREE FIVE 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.
IS THAT SOMETHING THAT WE CAN SEND TO ALL HOUSE MEMBERS AND ALL SENATE MEMBERS OR JUST OUR 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 THE SPONSOR? WE CAN SEND IT TO YOU.
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.
IT'S, HEY, 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.
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 TO HIDE THEM IN THERE.
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 TO BELABOR IT TOO MUCH.
IT'S JUST YOU YOU GET WHERE THE MAJORITY IS COMING FROM.
[02:50:03]
YES I DO. SO THERE'S. YOU MADE A MOTION, I BELIEVE, DIDN'T YOU? YES. IS THERE A SECOND? SO WE HAVE A MOTION BY THE VICE MAYOR AND A SECOND BY COMMISSIONER.IS THERE A PUBLIC COMMENT? NO, I HAVE NO PUBLIC COMMENT.
NO PUBLIC COMMENT. HE WAS SAYING NO. ARE THERE QUESTIONS OR COMMENTS BY THE COMMISSIONERS? I THINK WE'VE ALREADY TALKED ABOUT THAT. ROLL CALL PLEASE.
COMMISSIONER, WHAT WAS IT? GO AHEAD. COMMISSIONER.
YES, COMMISSIONER. CLARK. I'M TORN. YES. WE'LL SEE WHAT BEN PRESENTS.
OKAY. THANKS. YOU HAVE TO VOTE YES OR NO. THAT'S WHAT I'M SAYING.
BEN IS GOING TO DO THE LETTER. YES. OKAY. MAYOR, SAY THE WORD.
YES. YES. YES, MAYOR. RICH. ME? YES, COMMISSIONER.
COLLINS. SEEMS COMPLICATED. YES. AND COMMISSIONER READ, VICE MAYOR.
YES. OKAY. WE'LL SEE WHAT BEN DOES. THANK YOU, MISTER HOGARTH.
MAYOR. IT'S TOUGH.
* This transcript was compiled from uncorrected Closed Captioning.