[CALL TO ORDER]
[00:00:09]
TO ORDER. ROLL CALL. VICE CHAIR PETERSON HERE. BOARD MEMBER. GRASSO HERE. BOARD MEMBER OLETTE HERE. BOARD MEMBER. PALMIERI HERE. AND BOARD MEMBER. VOGEL HERE. DO THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG. THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[Additional Item]
OKAY. AND CERSEI HAS ASKED ME TO HAVE US ALL INTRODUCE OURSELVES. MAYBE KIND OF. WE DID A FEW MINUTES WHEN WE WERE SAYING HELLO TO EACH OTHER. BUT HOW LONG YOU'VE LIVED IN THE AREA? WHY DO YOU WANT TO SERVE ON THE BOARD? I'LL START, I GUESS, BECAUSE I'VE GOT THE MICROPHONE. DINA PETERSON, WE'VE BEEN HERE FULL TIME SINCE THE EARLY 2000. MY HUSBAND AND MY SON BOTH WENT TO MARTIN COUNTY HIGH SCHOOL. MY AND MY HUSBAND AND KIDS ALL WENT THROUGH ELEMENTARY AND MIDDLE SCHOOL HERE AS WELL. AND MY DAUGHTER WENT TO SOUTH FORK. SO WE'VE BEEN HERE SINCE THE EARLY 2000, BUT MY HUSBAND'S FAMILY'S BEEN HERE SINCE THE 40S. SO THIS IS HOME AND GLAD TO HELP WHERE I CAN WITH THE CITY. STEWART. KEEP IT A GREAT PLACE.I DON'T KNOW YOU WANT TO PAUL GROSSO I GREW UP HERE, WENT TO PARKER ELEMENTARY IN STEWART, WENT TO STEWART MIDDLE SCHOOL, MARTIN COUNTY HIGH SCHOOL. I AM A PROUD GATOR AFTER THAT. AND THEN I, I DIDN'T THINK I WOULD WIND UP BACK HERE, BUT I CAME BACK AND, YOU KNOW, HAD KIDS AND RUN A BUSINESS AND ALL OF THAT AND HAD SOME CONVERSATIONS WITH SOME PEOPLE ABOUT DOING SOMETHING LIKE THIS LAST YEAR. AND I'M TO THE POINT IN LIFE WHERE I HAVE THE BANDWIDTH TO DO THAT NOW AND, AND SPEND THE TIME. I, I HAD A BACKGROUND WORKING FOR A PUBLIC UTILITY AND, AND DOING ENGINEERING FOR THEM. SO I THOUGHT THIS MIGHT BE A GOOD FIT FOR ME TO START TO BE ABLE TO LOOK AT THINGS. WELCOME, JASON. MY NAME IS CAITLIN. I HAVE A TEENAGE SON AT SOUTH FORK. HE'S 14. WE'VE BEEN IN THIS AREA FOR 14 YEARS AND CITY OF STEWART PROPER THREE YEARS. AND I JUST CARE ABOUT DECISIONS THE CITY'S MAKING AND WANT TO BE OF SERVICE TO FAMILIES LIKE ME AND HOPE TO HAVE A A NICE PLACE FOR MY SON TO TO COME BACK AND RAISE HIS FAMILY TO. THANK YOU. LANCE. LANCE VOGEL LIVED IN THE CITY OF STEWART SINCE 2011, BEEN VACATIONING HERE FOR A WHILE BEFORE THAT. FELL IN LOVE WITH STEWART. FIRST TIME I CAME HERE AND HAVE LIVED OTHER PLACES AND WATCHED LIKE DEVELOPMENT AND GROWTH HAPPEN UNCONTROLLABLY AND JUST WANT TO BE INVOLVED AND HELP, YOU KNOW, MAKE STEWART GROW IN THE RIGHT WAY. THANK YOU CHRISTINA, I'VE LIVED HERE SINCE 2005, AND MY ONE SON GRADUATED FROM MARTIN COUNTY HIGH SCHOOL, AND I HOPE TO HELP STEWART MAINTAIN ITS CHARM. THAT'S WHY I'M HOPING TO SERVE. OKAY. ALRIGHT. THANK YOU. WE HAVE THE ANNUAL BOARD REORGANIZATION. ARE YOU GOING
[1. ADVISORY BOARD MEMBER OATH]
TO HANDLE THAT? SUSIE, WE NEED TO DO THE OATHS FIRST. YEAH. OH. THE OATH. OKAY. ADVISORY BOARD MEMBER OATH. I'LL BE ADMINISTERING THE OATH TO EVERYBODY. SO DOES EVERYBODY HAVE A COPY OF THE OATH? YEAH. NOPE. WE'RE ABOUT. THANK YOU. SO WE'RE GOING TO ORALLY DO THE OATH, AND THEN BEFORE YOU ALL LEAVE TONIGHT, YOU'LL NEED TO SIGN IN FRONT OF DEPUTY CLERK HARRIS, WHO SAY. AND SO SHE CAN SIGN OFF AND NOTARIZE YOUR SIGNATURE. BUT IF EVERYBODY WOULD STAND AND RAISE THEIR RIGHT HAND AND REPEAT AFTER ME. AND YOU CAN USE THE THE WRITTEN FORM IN FRONT OF YOU. SO I STATE YOUR NAME, MIKE CAITLIN PALMIERI AND QUALIFIED UNDER THE CONSTITUTION LAWS OF FLORIDA AND THE CODE OF ORDINANCES FOR THE CITY OF STUART, FLORIDA, AND QUALIFIED UNDER THE CONSTITUTION, LAWS OF FLORIDA AND THE CODE OF ORDINANCES FOR THE CITY OF STUART, FLORIDA. TO SERVE AS A MEMBER OF THE LOCAL PLANNING AGENCY. TO SERVE AS A MEMBER OF THE LOCAL PLANNING AGENCY, AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES, AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF AN ADVISORY BOARD MEMBER ON WHICH I'M ABOUT TO ENTER. SO HELP ME, GOD, OF AN ADVISORY BOARD[00:05:03]
MEMBER ON WHICH I AM ABOUT TO ENTER. SO HELP ME GOD. YOU CAN BE SEATED. THANK YOU. OKAY, NOW[2. ANNUAL BOARD REORGANIZATION - SELECTION OF CHAIR AND VICE CHAIR]
THE ANNUAL BOARD REORGANIZATION, SELECTION OF CHAIR AND VICE CHAIR. ALL RIGHT. I CAN DO THIS AS WELL. SO PER OUR CODE OF ORDINANCES AT THE USUALLY AT THE FIRST MEETING OF THE YEAR, YOU GUYS WILL SELECT A CHAIR AND A VICE CHAIR. WE PREFER THAT YOU DO IT IN TWO SEPARATE MOTIONS. I WOULD RECOMMEND GOING DOWN THE LINE AND SEEING IF ANYBODY WANTS TO VOLUNTEER TO BE EITHER OF THOSE POSITIONS, SO THAT YOU'RE NOT NOMINATING SOMEONE WHO DOESN'T WANT TO DO IT. SO THAT'S WHAT I WOULD RECOMMEND. FIRST, MY CONCERN IS OUR BOARD MEMBERS THAT HAVE NOT BEEN SEATED YET. RIGHT. WELL, AT OUR NEXT COMMISSION MEETING, THEY WILL BE THERE ARE TWO MEMBERS THAT ARE GOING TO BE VOTED ON, BUT I DON'T THINK THERE'S ANY GUARANTEE THAT. SO I WOULD AND I DON'T KNOW THE OUTCOME OF THAT. SO WE HAVE A QUORUM HERE TODAY. AND I THINK WE NEED TO ITS TRADITION, NO MATTER WHAT THE BOARD IS, THAT WE SELECT ONE FROM, FROM THE FROM THE PANEL TODAY AS FAR AS A CHAIR AND VICE CHAIR. OKAY. I MEAN, YOU GUYS OBVIOUSLY HAVE THE OPPORTUNITY TO CHANGE THAT, YOU KNOW, DOWN THE FUTURE AT SOME POINT. BUT WE RECENTLY DID THIS WITH THE CRB BOARD AND SOMEONE WAS NOMINATED WHO DIDN'T WANT TO DO IT. SO INSTEAD OF MAKING THAT PERSON EMBARRASSED, I WOULD AT LEAST JUST GO DOWN THE ROW AND SEE IF ANYBODY IS WANTS TO VOLUNTEER OR DOES WANT TO PERFORM AS A CHAIR OR VICE CHAIR VICE CHAIR.SO, WELL, THE VICE CHAIR JUST FILLS IN, I GUESS. YEAH. SO THE CHAIR, THE CHAIR RUNS THE MEETING AND JUST LIKE WE'RE YOU'RE SEEING HERE TODAY AND AND HE OR SHE WILL CONTROL THE MEETING AND WHO SPEAKS. YOU'LL SEE A LIGHT SWITCH IN FRONT OF YOU. AND IF YOU FLIP IT OVER, YOU'LL SEE THE POWER. THE LIGHT GOES ON AND IT'LL GO TO THE CHAIR. AND THAT. SO YOU WANT IF YOU WANT TO BE RECOGNIZED. SO YOU HAVE TO BE RECOGNIZED BY THE CHAIR TO SPEAK. IT IS A LITTLE BIT MORE COMPLICATED. AND THAT'S PROBABLY WHY IT'S BETTER IF SOMEONE WHO'S BEEN ON THE BOARD FOR A WHILE BE A CHAIR. THE VICE CHAIR IS NOT GOING TO CHAIR A MEETING UNLESS THE CHAIR IS OUT. I CHAIRED A LOT OF MEETINGS, BUT I HAVE NOT BEEN INVOLVED IN THIS, SO I WOULD BE WILLING TO BE VICE CHAIR, BUT NOT CHAIR. OKAY. THAT'S GOOD. SO THAT'S AN EXAMPLE OF SHE'S WILLING TO DO THAT. I WOULD JUST GO DOWN THE LINE TO SEE, JUST SO YOU'RE NOT I. IN THE CRB WE HAD SOMEONE MOTIONING SOMEONE THAT DID NOT WANT TO BE CHAIR AND THEN SHE REJECTED. SO THAT'S WHY I WOULD RECOMMEND DOING IT THAT WAY BEFORE WE DO A MOTION. AND ONCE EVERYBODY IS SPOKEN, EVERYBODY BUT THE CHAIR COULD MAKE A MOTION. AND I MOTION TO NOMINATE SUCH AND SUCH AS THE CHAIR. WE PREFER THAT YOU SPLIT UP THE VICE CHAIR AND CHAIR AND HAVE TWO DIFFERENT MOTIONS. AND ONCE SOMEONE PRESENTS A MOTION ON THE FLOOR, THEN YOU HAVE TO HAVE A SECOND FROM ANOTHER MEMBER OF THE BOARD. ONCE IT'S THERE'S A MOTION IN A SECOND.
THE CHAIR THEN STATES THAT WE HAVE A MOTION TO NOMINATE SUCH AND SUCH AND A SECOND, AND THEN WE VOTE ON IT BASICALLY. AND MAJORITY MAJORITY OF THOSE PRESENT HERE TODAY IS, IS, IS HOW IT'S SELECTED. OKAY. THAT PERSON DOWN THERE, ANYBODY CHAIR, VICE CHAIR, ANYBODY HAVE ANY INTEREST. NOT IN THIS NEW. ARE YOU WILLING TO DO IT. YOU KNOW YOU LAURA ARE YOU WILLING TO DO IT? YOU SEEM LIKE THE LIKELY CANDIDATE. WELL, I WAS THE VICE CHAIR, SO I'VE NEVER LED A MEETING BEFORE. THIS IS MY FIRST LEADING THE MEETING, WHICH I THINK I ALREADY DID ONE THING OUT OF ORDER. SO YOU BELIEVE IN ME? WE'RE HERE TO THANK YOU. WE'RE HERE TO HELP YOU. AND IT'S. YOU KNOW, YOU MAY SCREW UP HERE AND THERE, BUT WE'LL WE'LL CORRECT YOU AND AND PUT ON THE RECORD. I IT HAPPENED WITH THE CRB. THE CHAIR WAS NOT PREPARED TO DO.
LANCE WAS GOING TO STEP IN AND DO IT. SURE I WOULD DO IT I KNOW. WELL LET'S GO DOWN AND SEE IF ANYBODY ELSE WANTS TO DO IT. OKAY. ALL RIGHT. THEY PASSED. SO I GUESS AT LEAST WE HAVE ONE THAT WANTS IS WILLING TO BE THE CHAIR AND ONE THAT'S WILLING TO BE THE VICE CHAIR.
SO WE'LL NEED A MOTION FROM ONE OF THE OTHER MEMBERS. AND I'LL MAKE A MOTION FOR DANA TO BE CHAIR. SO WE'LL NEED A SECOND. I SECOND OKAY. SO PETERSON, YOU'LL NEED TO SAY WE HAVE A MOTION. WE HAVE A MOTION AND A SECOND. AND DO WE DO ALL FAVOR OR ROLL CALL? ALL IN FAVOR? ALL IN FAVOR? SAY AYE. I SAY ANY OPPOSED? ANY OPPOSED? SEEING. NONE. NAY. ARE YOU. NO I SAID NO. NO, I'M NOT OPPOSED I'M NOT OPPOSED. YOU'RE SUPPOSED TO SAY NO IF YOU SAY ANY OPPOSED. YEAH.
YOU GOT A VERBALLY SAY YES OR NO OR I OR NO. YOU KNOW, SO THAT THERE'S A CLEAR RECORD FOR IT. YES. SO NOW WE NEED ANOTHER MOTION. MOTION FOR TO ELECT CHRISTINA TO VICE CHAIR. OKAY.
[00:10:01]
AND WE NEED A SECOND. SECOND. OKAY. SO WE HAVE A MOTION AND A SECOND MOTION. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. SEEING. NONE. NONE. ALL RIGHT. OKAY. SEAT CHANGE. KRISTIN. OH, LANCE, YOU CAN MOVE ME AROUND ALL THE TIME. BE CAREFUL. WHO SAID THE SEAT REALLY LEANS BACK ON YOU? THAT WAY, IF YOU'RE CLOSE ENOUGH. THANK YOU SO MUCH. ALL RIGHT. EVERYONE'S HERE. YOU GET KICKED OUT AGAIN. BACK DOWN. YEAH, I WILL, IT'S JUST IT'S EASIER FOR ME UP HERE THAN SITTING DOWN THERE AND HAVING TO GO UP TO THE LINE. ON MANY BOARDS, IT GETS TO BE SO EASY.A LOT OF TIMES THERE'S NO DOESN'T SHOW UP. SO I'LL BE OKAY. OKAY, SO I GUESS WE'RE
[APPROVAL OF AGENDA]
DONE WITH THAT APPROVAL OF THE AGENDA. MOTION TO APPROVE. SECOND, ALL IN FAVOR SAY AYE.AYE. AND DO I HAVE TO SAY ALL OPPOSED? ANY OPPOSED? ANY OPPOSED. SEEING NONE. SEEING
[APPROVAL OF MINUTES ]
NONE. MOTION CARRIES. MOTION CARRIES. APPROVAL OF THE MINUTES. DO WE HAVE ANYBODY WHO WANTS TO APPROVE THE MINUTES FROM 1113 2025. MOVE TO APPROVE THE MINUTE AND A SECOND. SECOND, WE HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED? ANY OPPOSED? SAY NONE.OKAY. ALL GOOD. OKAY. DO WE HAVE ANY PUBLIC COMMENTS? NON-AGENDA RELATED COMMENTS? CHAIR, I HAVE NONE. YOU HAVE NONE. OKAY. DO WE HAVE ANY COMMENTS BY BOARD MEMBERS? NO.
[4. CODE AMENDMENT ADDING LANGUAGE RELATED TO REASONABLE ACCOMMODATION (RC): ORDINANCE No. 2547-2026; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING SECTION 8.07.07 OF THE CITY'S LAND DEVELOPMENT CODE IN COMPLIANCE WITH RECENTLY ENACTED LEGISLATION, SENATE BILL 954; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. ]
OKAY. TODAY WE HAVE ONE ACTION ITEM. NOW I SHOULD JUST READ IT FOR EVERYBODY. I CAN DO IT. I TYPICALLY DO IT. SO. SO ORDINANCE NUMBER 2547 DASH 2026 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING SECTION 8.07.07 OF THE CITY'S LAND DEVELOPMENT CODE IN COMPLIANCE WITH RECENTLY ENACTED LEGISLATION, LEGISLATION. SENATE BILL 954 PROVIDING FOR CONFLICT. PROVIDING FOR CODIFICATION, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. SO I'M GOING TO HANDLE THIS ONE AS WELL. AS FAR AS GIVING AN INTRODUCTION AND A BACKGROUND TO THIS, ONE OF YOUR DUTIES AS THE AS AS THE LPA, WE IT'S ANOTHER ACRONYM. INSTEAD OF SAYING THE BOARD, WE USE LPA AS AN ACRONYM. SO YOU'LL PROBABLY HEAR THAT FREQUENTLY. SO ONE OF YOUR DUTIES AS A MEMBER OF THE BOARD OF THE LPA IS REVIEWING AND HOLDING A HEARING IN REGARDS TO TEXT AMENDMENTS TO THE LAND DEVELOPMENT CODE. YOU HAVE OTHER JOB DUTIES, BUT THIS IS SOMETHING THAT YOU'RE PROBABLY NOT GOING TO SEE AS OFTEN. THE MOST COMMON THING YOU'RE GOING TO PROBABLY SEE IS A DEVELOPER TRYING TO DO LIKE A REZONING APPLICATION OR A VARIANCE OR SOMETHING TO THAT, THAT EFFECT. SO WHAT HAPPENED IS LAST EFFECTIVE JULY OF LAST YEAR, SENATE BILL 954 WAS ENACTED. THAT WAS ENACTED AND BECAME EFFECTIVE LAST SUMMER. AND IT REQUIRED THAT THE CITY HAVE AND ADOPT AN ORDINANCE AND A PROCEDURE FOR. CERTIFIED RECOVERY RESIDENTS, AND IT AMENDED CERTAIN STATUTES. AND SOME OF ONE OF THE STATUTES APPLIED TO THE CITY HAVING A A REQUEST FOR REASONABLE ACCOMMODATION. IT REQUIRED THAT THE CITY HAVE ONE. THE CITY ALREADY HAD ONE. SO AND THAT'S WHY WE'RE AMENDING IT. SO SINCE THE CITY ALREADY HAD ONE, I REVIEWED BECAUSE THIS WAS SOMETHING THAT I HAD DONE. SO I REVIEWED WHAT THE STATUTE, THIS NEW STATUTE AND BILL REQUIRED AND WHAT WE HAD, AND THERE WERE SOME REQUIREMENTS THAT WE NEEDED TO ADD TO OUR OUR CODE AND UPDATE IT BASICALLY BECAUSE OF THIS NEW LAW. AND I'LL GO OVER SOME OF THOSE THINGS IN A MINUTE. AND WHILE I WAS IN THERE, I WAS I TOOK THE OPPORTUNITY TO CLEAN UP SOME THINGS THAT NEEDED TO BE CLEANED UP THAT I SAW, THAT I THOUGHT NEEDED TO BE SPRUCED UP A LITTLE BIT. AND I'LL GO THROUGH SOME OF THOSE AS WELL.SO THIS IS SOMETHING THAT WE'RE REQUIRED TO DO. AND THEN WHAT WE'RE LOOKING FOR IS ONCE I GO THROUGH THIS IS A MOTION FOR APPROVAL ON A RECOMMENDATION TO THE CITY COMMISSION TO APPROVE THIS. AND THEN IT'S GOING TO GO ON TO THE CITY COMMISSION. AND WHEN IT'S AN ORDINANCE, WE HAVE TO HAVE TWO READINGS, TWO SEPARATE PUBLIC HEARINGS ON IT. BUT WITH YOU GUYS, WE ONLY HAVE TO HAVE ONE HEARING. ALL RIGHT. SO I WANT TO GO THROUGH AND I DON'T KNOW IF YOU GUYS LOOKED AT THE AGENDA BEFORE YOU GOT HERE, BUT THERE IS A RED LINE COPY ATTACHED TO THE AGENDA.
AND SO I'LL GO THROUGH SOME OF THOSE CHANGES AND ADDITIONS THAT I MADE. I MENTIONED THAT I CLEANED UP SOME STUFF AND I HAD TO ADD SOME STUFF REQUIRED UNDER THIS NEW BILL. SOME OF
[00:15:05]
THE FIRST CHANGES I MADE IS WE DIDN'T IN OUR WHOEVER WROTE THE ORDINANCE ORIGINALLY DIDN'T ACTUALLY CITE THE STATUTES. SO THERE'S THE FAIR HOUSING AMENDMENTS ACT, AND THERE'S ALSO THE AMERICANS WITH DISABILITY ACT. I ASSUME MOST OF YOU HAVE HEARD OF SOME OF THESE LAWS. SO I CITED TO THE TO THE ACTUAL ACTS AND GAVE THE ACTUAL CODE CITATIONS. THAT'S SOMETHING WE DO AS LAWYERS. WE ACTUALLY ADDED, YOU KNOW, WHERE THE PROPER LEGAL CITATION, WE DIDN'T HAVE THAT IN THE POLICY OR IN OUR ORDINANCE ORIGINALLY. AND WE HAD GONE RIGHT TO ACRONYMS. SO TYPICALLY WHEN YOU'RE GOING TO USE AN ACRONYM, YOU WANT TO ADD THE STATUTE THAT YOU'RE GOING TO USE AS AN ACRONYM. EVERYBODY KNOWS WHAT THE ADA IS, BUT WE NEEDED TO IDENTIFY WHAT IT WAS. SO I DID THAT IN THE OPENING PARAGRAPH. ONE OF THE THINGS I NOTICED IN THE IN THE CURRENT. CODE ON THIS WAS IT SAID, IF YOU IF PERSON WANTED TO REQUEST A REASONABLE ACCOMMODATION, THEY WERE TO SUBMIT IT TO THE CITY. BUT IT DIDN'T SAY TO WHO. SINCE I'VE BEEN HERE FOR A COUPLE YEARS, THEY ENDED UP SUBMITTING. WE'VE HAD 1 OR 2 AND THEY'VE SUBMITTED IT TO ME, SO I JUST CLEANED IT UP TO ADD THE CITY ATTORNEY'S OFFICE. BASICALLY, THE STATUTE HAD SOME EXTRA STUFF IN HERE THAT WE DIDN'T HAVE WRITTEN IN OUR CODE. WE PROBABLY DID IT AS A MATTER OF PRACTICE, BUT I'M JUST ADDING IT TO THE CODE. ONE OF THE THINGS IS WHEN THEY SUBMIT A REQUEST FOR REASONABLE ACCOMMODATION, IT'S USUALLY FOR CERTIFIED RECOVERY RESIDENTS. I WANT TO GO BACK AND IT'S USUALLY SOMEONE THAT'S IN ACTIVE TREATMENT FOR AN ADDICTION TO ALCOHOL OR DRUGS. IF THEY ARE IN ACTIVE USE IN CONSUMPTION, THEY ARE NOT CONSIDERED DISABLED, BUT IF THEY ARE IN ACTIVE REHAB, THEY ARE CONSIDERED DISABLED. UNDER THE AMERICANS WITH DISABILITIES ACT AND THE FAIR HOUSING ACT.SO THEY'RE ENTITLED. THEY'RE A PROTECTED CLASS. THEY'RE ENTITLED TO BE FREE OF DISCRIMINATION AND ARE IN OUR LAND DEVELOPMENT CODE. DOES THAT MAKE SENSE? SO THEY CAN COME TO US AND REQUEST A REASONABLE ACCOMMODATION FROM OUR CODE SO THAT THEY CAN LIVE SOMEWHERE IN THE CITY? AND SO SOME OF THE THE SENATE BILL SAID THAT THE CITY NEEDS TO STATE STAMP AN APPLICATION WHEN WE RECEIVE. IT WASN'T WRITTEN IN THE CODE. BUT I KNOW THAT THE CLERK'S WHEN WE RECEIVE SOMETHING UP FRONT, THEY USUALLY DUE DATE STAMP IT. BUT I'M JUST ADDING THAT TO THE TO OUR CODE BECAUSE THE STATUTE REQUIRES IT. I ADDED SOME STUFF IN HERE ON WHAT TO DO WHEN WE RECEIVE MEDICAL INFORMATION, BECAUSE WHEN SOMEONE HAS A DISABILITY, THEY HAVE TO PROVE TO US THEY HAVE A DISABILITY. IT MAY BE AND THIS IS OUR OUR ORDINANCE FOR ALL DISABILITIES. SO IT COULD BE ANOTHER TYPE OF DISABILITY THAT WOULD HAVE MEDICAL RECORDS. BUT EVEN IN AN ACTIVE REHAB, THERE'S GOING TO BE MEDICAL RECORDS THAT THEY WOULD PRODUCE AND THAT WOULD BE CONFIDENTIAL INFORMATION. SO I HAVE PUT IN THERE WHAT WHAT DO WE DO WHEN WE HAVE CONFIDENTIAL INFORMATION? BECAUSE SOMETIMES WE CAN GET PUBLIC RECORDS REQUESTS AND WE HAVE TO EXEMPT THIS CONFIDENTIAL INFORMATION. SO I APPLIED SOME LANGUAGE IN THERE ON THAT. IN ADDITION, I PUT IN SOME PROCEDURES. WHAT HAPPENS IF THEY SUBMIT AN APPLICATION AND THE CITY RESPONDS SAYING HEY, WE NEED MORE INFORMATION AND THEN THEY NEVER RESPOND. AND A YEAR GOES BY AND THEY NEVER RESPOND. SO WHAT? WE PUT IN SOME DEADLINES, HEY, YOU GOT TO RESPOND WITHIN SO MANY DAYS. OTHERWISE IT'S IT'S YOUR APPLICATION IS NOW CONCLUDED OR WITHDRAWN. SO I ADDED SOME LANGUAGE ON THAT. THE STATUTE SAYS THAT A FINAL WRITTEN DETERMINATION BY THE CITY ON AN APPLICATION MUST BE WITHIN 60 DAYS. WE HAD 30 DAYS IN OUR ORDINANCE. SO I'M JUST GOING TO BE CONSISTENT WITH THE STATUTE AND PUT 60 DAYS. I ALSO.
I ADDED AN APPEAL PROCESS WE HAD. IT WAS A VERY SIMPLE THAT AN APPEAL DECISION WOULD BE FILED WITH THE CITY WITHIN 30 DAYS. I ACTUALLY ADDED A LOT MORE INFORMATION OF WHAT IS ENTAILED IN APPEALING A DECISION. TYPICALLY, LIKE I WAS SAYING, THE THE APPLICATION WOULD COME TO ME AND I WOULD DO A WRITTEN DETERMINATION, OR IF I NEEDED MORE INFORMATION, I WOULD ASK FOR IT OR DO A FINAL WRITTEN DETERMINATION ON WHETHER OR NOT THEIR APPLICATION MEETS THE QUALIFICATIONS UNDER ORDINANCE, TO HAVE A DECISION OR HAVE AN ACCOMMODATION BE MET. WHETHER I DENY IT, ACCEPT IT OR NEED MORE INFORMATION, THOSE ARE THE OPTIONS. BUT IF I DO DENY IT, THEY CAN APPEAL IT AND I ASK THAT THEY SUBMIT THE APPEAL TO ME. AND THEN WE ALSO SET IT UP AT A MAGISTRATE HEARING. SO OUR MAGISTRATE IS HIRED AND THEY HEAR OUR CODE ENFORCEMENT STUFF AND THEY THEY SIT WHERE YOU ALL DO. AND, AND PEOPLE THAT HAVE, YOU KNOW, CODE ENFORCEMENT AND STUFF HAVE HEARINGS. THEY COME IN THE DIOCESE IN CHAMBERS HERE.
EXCUSE ME. I'M LOSING MY VOICE HERE. AND AND SO THE MAGISTRATE HEARS THOSE ISSUES. SO WE WOULD ADD SOMETHING LIKE THAT TO THE MAGISTRATE. HEARING THE MAGISTRATE, HE OR SHE MEETS
[00:20:05]
ONCE A MONTH AND PEOPLE COME FOR CODE ENFORCEMENT ISSUES AND APPEALS LIKE THIS. SO THERE WOULD BE A PUBLIC HEARING THAT IS OPEN TO THE PUBLIC AND THEY CAN COME. AND THEN I ALSO HAVE AN ADDITIONAL APPEAL. IF IF THEY ARE UNHAPPY WITH THE MAGISTRATE'S DECISION, THEN IT COULD BE APPEALED TO THE CIRCUIT COURT DOWN THE STREET HERE AT MARTIN COUNTY COURTHOUSE. LET'S SEE HERE LOOKING AT SOME OF THESE OTHER THINGS THAT I ADDED. I LOOKED AT. THIS IS NOT NECESSARILY REQUIRED, BUT THE THE NEW SENATE BILL ALLOWS US TO HAVE LIKE A REVOCATION. AND I PUT IN SOME GROUNDS, LIKE THE CITY MANAGER COULD REVOKE AN APPLICATION IF THEY PROVIDED FALSE INFORMATION. OR THAT WE DO GIVE THEM A DEVELOPMENT ORDER THAT THEY CAN DO, THEY CAN LIVE WHERE THEY WANT TO. AND WE USUALLY HAVE SOME CONDITIONS. SO AND IF THEY VIOLATE ANY OF THOSE CONDITIONS, LET'S SAY THEY HAVE WE'RE ALLOWING THEM TO HAVE TEN CARS PARKING THERE AND THEY HAVE 50 EVERY DAY. THAT WOULD BE A VIOLATION OF A CONDITION. WE WOULD GIVE THEM AN OPPORTUNITY TO CORRECT OR CURE THE PROBLEM AND SO FORTH. SO I HAVE A PROCEDURE IN PLACE ON THAT. I ALSO ADDED A CLAUSE IN HERE THAT WAS NOT THERE BEFORE THAT THIS YOU DON'T GET A REASONABLE ACCOMMODATION ORDER AND THEN IT'S INDEFINITE. SO I HAD IN HERE I ADDED THAT IT HAS TO BE RENEWED ON AN ANNUAL BASIS.THAT WAY IT'S NOT AN INDEFINITE ISSUE AND THEY STILL HAVE TO COME BACK AND SAY, HEY, I'M STILL DISABLED. YOU KNOW, LIKE A SOMEONE WHO'S IN IN REHAB AND GETS, YOU KNOW, OUT OF REHAB, YOU KNOW, THAT, THAT THEY MIGHT NOT THEY'RE NOT GOING TO BE IN REHAB FOREVER. DOES THAT MAKE SENSE. SO DEPENDING ON THE SITUATION AND THE HOUSING OR WHATEVER HOW IT'S SET UP, THEY'RE GOING TO HAVE TO COME BACK TO US AND RENEW EVERY YEAR. THERE'S MANY DIFFERENT SITUATIONS. YOU COULD HAVE A DETOX FACILITY, MEDICAL TREATMENT AND PEOPLE LIVING THERE. YOU COULD HAVE LIKE A CONDO WITH PEOPLE LIVING IN IT. THERE'S A LOT OF VARIATIONS AS WHAT COULD HAPPEN UNDER THIS, THIS PARTICULAR LAW. LAST BUT NOT LEAST, I WE WAIVE ANY FEE FOR ANYBODY WHO'S COVERED UNDER THE LAW THAT APPLIES FOR A REASONABLE ACCOMMODATION. AND WE ALSO PUT IN THERE THAT WE'RE NOT RESPONSIBLE FOR THEIR ATTORNEY'S FEES AND WE DON'T PROVIDE THEM WITH A LAWYER. THEY HAVE THE OPTION OF HAVING A LAWYER, AND THEY'RE JUST GONNA HAVE TO PAY OUT OF THEIR OWN POCKETS TO HAVE A LAWYER TO REPRESENT THEM THROUGH THE PROCEDURE. SO THAT'S KIND OF LIKE A SUMMARY OF THE STUFF THAT I ADDED TO IT. WE'RE LOOKING FOR A MOTION TODAY FOR APPROVAL OF THE RECOMMENDATIONS FOR THE TEXT AMENDMENTS TO SECTION 8.0707. AND WE'D LIKE TO GET A MOTION IN A OBVIOUSLY A SECOND AND APPROVAL TO TO GIVE TO THE BOARD AT THE NEXT MEETING TO THE CITY COMMISSION BOARD, AND IS NOW A TIME TO SEE IF THERE WAS ANY COMMENTS FROM THE PUBLIC OR ANY. WELL, I SO WHAT WE WOULD NEED TO DO IS THE BEST THING WOULD BE THERE HAVE TO BE A MOTION FOR APPROVAL. OKAY. AND THEN A SECOND AND THEN YOU SAY THERE'S BEEN A MOTION AND A SECOND ON APPROVAL OF THE TEXT AMENDMENTS. DO I HAVE ANY PUBLIC COMMENT ON THIS ISSUE? DO WE HAVE A MOTION? I MAKE A MOTION TO APPROVE THE ADDITIONAL TEXT TEXT AMENDMENTS, TEXT AMENDMENTS? YES. DO WE HAVE A SECOND? I'LL SECOND.
OKAY. DO WE HAVE ANY PUBLIC COMMENTS ON THIS MOTION CHAIR I HAVE NONE. YOU CAN COME UP AND TALK AND FILL OUT A FORM WHEN YOU'RE DONE. IF YOU WANT TO COME FORWARD. IF YOU COME TO THE PODIUM AND STATE YOUR NAME, PLEASE. MY NAME IS JOSEPH AND JULIE. I GREW UP IN THIS TOWN STARTING IN 1998 AFTER HURRICANE FLOYD, WE MOVED HERE, SO I WENT THROUGH SOMETHING SIMILAR PROCESS IN WEST PALM BEACH. I JUST IMPLORE YOU GUYS TO MAKE SURE THAT THE UNITS ARE KEPT CLEAN, BECAUSE SOMETIMES THEY WILL DIRTY UP THE UNITS. WASTE MANAGEMENT, THEY HAVE HAVE A GOOD WAY OF GETTING TRASH IN AND OUT OF THE BUILDING. OTHERWISE DISEASE WILL SPREAD AND INFESTATIONS WILL START. JUST MAKE SURE THAT THEY HAVE GOOD WASTE MANAGEMENT IN THESE BUILDINGS, BECAUSE SOMETIMES THEY AREN'T CONSCIENTIOUS OF THAT OR USED TO THAT, WHERE THEY'RE FROM, WHERE THEY'RE COMING FROM. THAT'S ALL. THANK YOU. IF YOU GET A GREEN CARD TO FILL OUT BLUE. SORRY. OKAY. CAN I ASK A COUPLE OF QUESTIONS? SURE. OKAY.
[00:25:04]
I GUESS SOME OF LIKE THE ANNUAL RENEWAL, THE DEADLINES, THE APPEALS PROCESS. IS THAT PART OF THE NEW STATUTE THAT WE WERE REQUIRED TO ADD, OR IS THAT SOMETHING YOU'RE ADDING TO JUST CODIFY WHAT WE'RE ALREADY DOING? WE'RE NOT ALREADY DOING IT. I'M I'M ASKING TO UPDATE IT. THE THE THE TIMELINES AND SO FORTH. I'M ADDING THAT'S NOT REQUIRED BY THE NEW LEGISLATION. OKAY.AND THAT'S BASICALLY MY IMPRESSION. I'VE HAD TO DEAL WITH ONE OF THESE SO FAR. AND AND WHEN I WENT THROUGH THE PROCESS I LEARNED I WISH WE HAD THIS. I WISH WE HAD THAT. BUT IT AT THE TIME, IT WASN'T WORTH GOING THROUGH THE WHOLE PROCESS OF AMENDING THE TEXT. I WAS JUST GOING TO DO IT. BUT SINCE THIS NEW LEGISLATION IS REQUIRING US TO UPDATE SOME OF OUR OUR CODE, I'M THROWING IT IN THERE JUST LIKE I, YOU KNOW, PUTTING IN THE AMERICANS WITH DISABILITY ACT. I WOULDN'T HAVE DONE THAT JUST TO DO IT. BUT SINCE WE'RE REQUIRED TO MAKE SOME UPGRADES, I'M ADDING IT INTO THE PROCESS OR THE PROCEDURE. OKAY. SO WHAT WAS ACTUALLY REQUIRED BY THE STATUTE THAT WE WERE NOT DOING? SO IN SECTION C? TWO C ADDRESS OF PROPERTY IN PARCEL IDENTIFICATION NUMBER, THE STATUTE REQUIRES THAT THEY'RE REQUIRED TO GIVE US BOTH THE ADDRESS OF THE PROPERTY AND THE PARCEL IDENTIFICATION NUMBER.
WE ONLY HAVE THE ADDRESS WE DIDN'T HAVE. OKAY. PARCEL IDENTIFICATION NUMBER, NUMBER C THREE. UPON RECEIPT, THE CITY SHALL DATE STAMP THE WRITTEN REQUEST FOR ACCOMMODATION. WE WERE DOING THAT, BUT THE STATUTE REQUIRES WE HAVE IT IN OUR CODE. SO I'M ADDING THAT.
THE THE 30 AND 60 DAYS DIFFERENCE AS FAR AS PROVIDING A FINAL WRITTEN DETERMINATION, THE STATUTE REQUIRES 60 DAYS. SO I'VE CHANGED THAT. THE REVOCATION OF AN APPROVED REASONABLE ACCOMMODATION. IT DIDN'T THE STATUTE DIDN'T MANDATE IT, BUT IT ALLOWED FOR IT. WE DIDN'T HAVE IT. SO I THOUGHT IT'D BE BEST TO PUT IT IN THERE BECAUSE ONE OF THE ONE OF THE ISSUES. LIKE I WAS SAYING, IT'S KIND OF UNLIMITED THAT IF THEY GOT AN ORDER, WHEN DOES IT EXPIRE, YOU KNOW, KIND OF THING. SO AND IF THEY DID PROVIDE FALSE INFORMATION, I, YOU KNOW, THERE WOULD BE GROUNDS TO REVOKE THIS THIS IT'S IT'S IN ESSENCE, A DEVELOPMENT ORDER THEY'RE GOING TO BYPASS. IF SOMEONE WANTS TO MAKE A REQUEST FOR A REASONABLE ACCOMMODATION, THEY'RE BYPASSING THE PUBLIC HEARING PROCESS AND IT HAS TO BE APPROVED ADMINISTRATIVELY. SO I WOULD DO MY BEST TO PRESENT LIKE A DEVELOPMENT ORDER. AND LIKE THE GENTLEMAN WHO STOOD UP AND SPOKE TO BE CLEAN, THAT WOULD BE WE PUT SOME LANGUAGE IN THE DEVELOPMENT ORDER. IT WOULD BE LIKE A TRADITIONAL DEVELOPMENT ORDER, LIKE ON A PLANNED UNIT DEVELOPMENT. ALL THAT STUFF WOULD BE ADDRESSED IN A DEVELOPMENT ORDER. SO BY DOING A REASONABLE REQUEST FOR REASONABLE ACCOMMODATION, THEY'RE BYPASSING THE WHOLE PUBLIC HEARING PROCESS, AND IT'S BEING APPROVED ADMINISTRATIVELY. THAT MAKES SENSE. SO THERE WOULD BE CONDITIONS IN THE DEVELOPMENT ORDER. YOU KNOW, JUST LIKE A REGULAR DEVELOPMENT ORDER JUST WOULD NEVER BE PUBLIC. IT WOULD NEVER BE A PUBLIC HEARING WHERE THE COMMISSION WOULD VOTE ON IT. OKAY. ANYBODY? I HAD A QUESTION. THE THE THE REVOCATION PROVISION STIPULATES. MISLEADING INFORMATION ON THE APPLICATION. I'M WONDERING LOOKING AT THE STATE STATUTE, IT TALKED ABOUT THE CERTIFICATION PROCESS FOR RECOVERY HOMES. THAT'S A SEPARATE THAT DOESN'T. SO THE THE SENATE BILL 954 TALKED ABOUT REQUESTS FOR REASONABLE ACCOMMODATIONS. AND THEN THAT WHAT YOU'RE TALKING ABOUT IS A DIFFERENT STATUTE THAT DEALS WITH THE WHAT HOW WHAT IS A CERTIFIED RECOVERY RESIDENCE THAT DOESN'T APPLY TO US? I UNDERSTAND WHAT I'M WHAT I'M TALKING WHAT I WANTED TO ASK WAS IF THE THE THE STATE ONE TALKED ABOUT HOW IF IF TO BE CERTIFIED, THERE WERE THINGS THAT HAD TO BE MET AND, AND THEY HAD TO HAVE A CERTAIN PERSON THAT WAS HEADING IT UP AND THEY HAD TO BE CERTIFIED. AND IF THEY WERE IN VIOLATION OF SOMETHING, THEY WOULD BE ALMOST LIKE ON PROBATION THE WAY THE LANGUAGE LOOKED TO ME. SO I WONDER IF IF THAT WAS
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HAPPENING WITH SUCH A PLACE, IF IT WOULD BE A GROUNDS FOR THE CITY TO REVOKE THE APPLICATION IF THEY IF THEIR CERTIFICATION WAS IN QUESTION. WELL, IF YOU LOOK AT THE NEXT SO UNDER H ONE LOWERCASE ROMAN NUMERAL THREE, ANY APPLICABLE STATE OR FEDERAL CERTIFICATION HAS EXPIRED, HAS BEEN REVOKED, OR THE APPLICANT HAS FAILED TO MAINTAIN THE CERTIFICATION OR LICENSE LICENSURE AS REQUIRED UNDER CHAPTER 397 FLORIDA STATUTE. SO I THINK THAT PROPOSED LANGUAGE IS COVERING YOUR CONCERN. IT IS. THANK YOU. YEP. ANYBODY ANYBODY ELSE. ANY QUESTIONS CONCERNS.SO DO WE GO FOR AND DO WE NEED A ROLL CALL OR JUST A NO. WE NEED TO DO A ROLL CALL ON IT BECAUSE IT'S AN ORDINANCE. SO OKAY. ALL RIGHT. SO WE HAVE A SECOND FIRST AND A SECOND. SO SUSIE DO YOU WANT TO DO THE ROLL CALL. ABSOLUTELY. CHAIR. PETERSON. YES. BOARD MEMBER VOGEL. YES. VICE CHAIR OULLETTE. YES. MEMBER. BARRASSO. YES. AND BOARD MEMBER PALMIERI. YES.
MOTION PASSES. DO WE HAVE A STAFF UPDATE? ANYTHING? THE DEVELOPMENT STAFF HAS NOT NOT APPEARED. THEY DIDN'T HAVE ANYTHING TODAY. SO. OKAY, SO MEETING ADJOURNED TO EMOTION, I THINK, DON'T WE? SOME PEOPLE DO. BUT IF YOU WANT TO DO IT, IF YOU WANT TO DO A MOTION TO ADJOURN, THAT'S FINE. BUT I THINK YOU CAN JUST ADJOURN
* This transcript was compiled from uncorrected Closed Captioning.