Feb 23, 2026 Regular City Commission Meeting

[00:00:06]

I WILL CALL TO ORDER THIS MEETING OF THE STEWART CITY COMMISSION. WE WILL HAVE THE ROLL CALL. MARY. MAYOR COLLINS HERE. VICE MAYOR REED HERE. COMMISSIONER CLARK HERE.

COMMISSIONER. JOB HERE. COMMISSIONER RICH, HERE. AND THE INVOCATION WILL BE WITH PASTOR JAMES BROSIOUS. YOU ARE HERE. AND IF YOU WOULD LEAD US IN THE PLEDGE AFTERWARD. PASTOR.

GOOD EVENING, LADIES AND GENTLEMEN. LET'S PRAY. FATHER IN HEAVEN AGAIN. THANK YOU FOR THIS BEAUTIFUL DAY YOU'VE GIVEN US TODAY. THANK YOU FOR THIS JUST DELIGHTFUL AREA THAT YOU'VE GIVEN US TO LIVE IN. THANK YOU FOR THESE MEN AND WOMEN AND ALL THAT. ASSIST THEM IN PROVIDING AND PREPARING FOR US, FOR A CITY THAT IS TRULY BEAUTIFUL. LORD, WE DO PRAY FOR WISDOM. WE PRAY FOR UNDERSTANDING AND PRAY FOR DIRECTION FOR THEM AND FOR OUR CITIES. WE PRAY YOUR BLESSING ON OUR ON OUR ON OUR FAMILIES HERE, LORD IN STUART IN PARTICULAR, THAT WE MAY BE PEOPLE OF PEACE AND OF LOVE AND ENCOURAGEMENT AND OF OF OF JOY.

SO, LORD, AGAIN TONIGHT, GRANT WISDOM, GRANT YOUR DIRECTION IN ALL THAT IS DONE. WE JUST PRAY THIS IN THE WONDERFUL NAME OF OUR LORD JESUS AND EVERYBODY SAYS AMEN, AMEN, AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU

[COMMENTS BY CITY COMMISSIONERS]

THERE SEEMS TO BE ABSOLUTELY NO INTEREST IN THE SENATE IN ENTERTAINING THAT IDEA. THAT IS JUST TOO DRAMATIC AN IMPACT ON THE COMMUNITY. SO THE FLORIDA LEAGUE OF CITIES AT LEAST DOESN'T SEEM TO HAVE MUCH CONCERN ABOUT THAT AT THE MINUTE. AT AT THE MOMENT, I'LL MENTION ANOTHER ONE, SENATE BILL 840. THIS IS WHAT'S CALLED THE GLITCH BILL. THIS IS AN ATTEMPT TO RECTIFY THE OVERLY INCLUSIVE ELEMENTS OF 180. THE CITY IS CURRENTLY INVOLVED IN A LAWSUIT WITH THAT. THERE'S ONLY A BILL ON THE SENATE SIDE. THERE'S NO COMPANION BILL IN THE HOUSE. BUT EVEN IF THIS ONE WERE TO PASS. WE WOULD STILL BE IN VIOLATION OF STATE LAW BECAUSE THEY DID NOT ELIMINATE THAT. IT APPLIES RETROACTIVELY, RETROACTIVELY TO THE 1ST OF AUGUST 2020, FOR IF YOU WERE LISTED IN THE FEDERAL DISASTER DECLARATION FOR HURRICANE DEBBY, HURRICANE HELENE OR HURRICANE MILTON, WE WERE IN HURRICANE MILTON, MARTIN COUNTY, AND IT INCLUDES ALL THE ALL THE MUNICIPALITIES IN THAT COUNTY. SO NO MATTER WHAT HAPPENS, IN FACT, I DON'T THINK THERE'LL BE ANY BILL. WE WILL STILL REMAIN IN VIOLATION OF STATE LAW THERE.

THIS AFFECTS US TO A DEGREE. THIS IS FLORIDA SENATE BILL 1435. IT'S CALLED THE INFILL REDEVELOPMENT ACT. AND IT PROPOSES TO MANDATE THAT LOCAL GOVERNMENTS ALLOW THE DEVELOPMENT OF CERTAIN QUALIFIED, ENVIRONMENTALLY IMPACTED PARCELS, FIVE PLUS ACRES AT THE HIGHEST RESIDENTIAL DENSITY INTENSITY ALLOWED, AND THIS COULD POTENTIALLY APPLY TO OUR BROWNFIELD, WHICH IS OVER BY THE SHERIFF'S DEPARTMENT THERE.

SO THAT IS NOT SOMETHING WE'RE WE WOULD LIKE TO SEE AT ALL. THE LEAGUE IS VERY MUCH OPPOSED

[00:05:09]

AND THAT JUST DOESN'T MAKE SENSE. SO THERE'S A LOT OF CONCERN WITH THE LEAGUE WITH THIS ONE. IT SEEMS TO HAVE SOME TRACTION. SO WE'RE GOING TO CONTINUE TO PAY ATTENTION TO THAT ONE. OBVIOUSLY WE DON'T LIKE WE DON'T LIKE ANY LAWS COMING DOWN FROM THE STATE TELLING US WE CAN'T LISTEN TO THE RESIDENTS OF OUR CITY AND HAVE SOME INPUT ON WHAT WE THINK IS A GOOD DEVELOPMENT OR A BAD ONE. SO THAT'S MY LEGISLATIVE UPDATE. ANY QUESTIONS REGARDING THAT? I WOULD JUST SAY, YOU KNOW, GOOD THING WE SUED OVER SB 180. YOU KNOW, THERE WAS SOME TALK THAT THE LEGISLATURE WAS GOING TO FIX IT. AND CLEARLY WE HAD TO TAKE ACTION INTO OUR OWN HANDS. SO GLAD WE DID THAT. IT PROVES THAT YOU HAVE TO. AND WITH REGARD TO THE SCHOOL, MAYBE JUST A LITTLE DIFFERENT PERSPECTIVE AS A PARENT OF HOMESCHOOLED FOUR HOMESCHOOLED KIDS IS WITHIN THE CURRENT CLIMATE, WITHIN EDUCATION, YOU HAVE A LOT OF HYBRID SCHOOLING WITH HOMESCHOOL. SO YOUR SMALLER HYBRID GROUPS, 30 KIDS OR SO, 20 KIDS, IT CAN MAKE IT ALMOST IMPOSSIBLE FOR THEM TO FUNCTION IF THEY'RE COMPLETELY BOXED OUT WITH ZONING. SO SOMETHING LESS LIKE 150 KIDS IN A NEIGHBORHOOD, AND MAYBE 20 OR 30 KIDS IN A CHURCH ANNEX, YOU KNOW, KIND OF A THING, IT MAKES IT POSSIBLE. SO 150 IS A BIG NUMBER FOR SURE. FOR SURE. OKAY. AND THEN FINALLY AT THE LAST MEETING, YOU KNOW, I, I DESCRIBED A SERIES OF EVENTS REGARDING OUR FORMER CITY MANAGER, FORMER FINANCE DIRECTOR. INDICATING THAT I WAS GOING TO ASK FOR AN INVESTIGATION INTO WHAT ACTUALLY TOOK PLACE. I WAS ABLE TO READ THE ROOM THAT NIGHT, AND I HAD INITIALLY DECIDED TO NOT PURSUE THAT FURTHER. HOWEVER, I CANNOT IGNORE. THE ARTICLE IN THE STEWART NEWS. ON THE 16TH OF FEBRUARY WHERE HE WAS INTERVIEWED, AND MR. BOGLIO STATED. HE SAID HE WAS ASKED TO TAKE ACTIONS THAT WERE ILLEGAL, IMMORAL AND UNETHICAL, WHICH HE REFUSED TO DO, AND DESPITE STATEMENTS FROM THIS DAIS THAT HE HAD RESIGNED, HE SAID, I DIDN'T WANT TO RESIGN AND THAT HE HAD BEEN VOLUNTOLD TO STEP DOWN, AND SHORTLY AFTER THAT, NOT ONLY DID MR. BOGLIOLI RESIGN, BUT THREE OTHER MEMBERS OF THE FINANCE DEPARTMENT RESIGNED. SO SOMETHING IS TAKING PLACE IN THE CITY THAT SUDDENLY THESE LONG TERM, LOYAL, INCREDIBLY VALUED EMPLOYEES ARE LEAVING US AND WE NEED TO FIND OUT WHAT'S HAPPENED. SO I DO WHAT TONIGHT I AM MAKING A MOTION THAT WE INSTRUCT THE CITY ATTORNEY TO HIRE AN OUTSIDE FIRM TO CONDUCT AN INVESTIGATION OF THE VERACITY OF THE COMMENTS MADE BY MR. BOGLIOLI, AND TO DETERMINE IF THERE WERE ANY CRIMINAL, ILLEGAL, OR VIOLATIONS OF THE CODE OF CONDUCT BY ANY COMMISSIONER OR COMMISSIONERS. SO I'LL SPARE YOU THE EXPENSE OF THE INVESTIGATION IS JUST BEFORE THAT MEETING, I DID SPEAK WITH JOLIE, AND I DIDN'T TELL HIM TO RESIGN. I LET HIM

[00:10:01]

SO I WONDER HOW REAL IT IS, BECAUSE I DIDN'T ASK MIKE TO DO ANYTHING ILLEGAL OR UNETHICAL EITHER. SO I DON'T KNOW WHAT'S GOING ON. TO THE POINT OF THE THE OTHER PEOPLE THAT HAVE LEFT FINANCE. I, I'D LIKE TO LEAN ON ROSS TO MAYBE GIVE A LITTLE CONTEXT ON THAT WHERE IT'S APPROPRIATE BECAUSE IT IS STAFF. YOU KNOW, I KNOW. WELL, I THINK WE FIRST NEED TO DETERMINE IF THERE'S A SECOND, BECAUSE IF THERE ISN'T, THERE'S NO BASIS FOR FURTHER DISCUSSION. YOU BROUGHT IT UP. I'D LIKE TO DISCUSS IT. I BROUGHT UP A MOTION. SURE. OKAY. I'M HAPPY TO WAIT FOR A MOMENT AND SEE IF WE HAVE A SECOND. MOTION FAILS. ROSS, DO YOU FEEL COMFORTABLE SPEAKING TO THAT? IF NOT, NO PRESSURE TO THE FINANCE STAFF. OUR SENIOR ACCOUNTANT, WHO HAS BEEN WITH US FOR 23 YEARS, SUBMITTED HER RETIREMENT, WHICH WE DID EXPECT AROUND THIS TIME.

SHE DID SAY TWO YEARS AGO THAT SHE WOULD OFFER ABOUT TWO MORE YEARS. SO WE'RE ABOUT AT THAT POINT SHE IS HELPING WITH THE TRANSITION. WE HAD THE ASSISTANT FINANCE DIRECTOR RESIGN. SHE'S BEEN PART TIME, BUT HER POSITION HADIT BALLOONED INTO REALLY FULL TIME. SHE'S BEEN INSTRUMENTAL IN SOFTWARE IMPLEMENTATIONS AND HELPING TRANSITION. WITH MR. KELLY'S RESIGNATION. AND THEN THE THIRD IS A PART TIME PROCUREMENT SPECIALIST CONTRACT MANAGER.

AND SHE SHE ACTUALLY WORKED WITH US FULL TIME A WHILE BACK AND RETIRED AND CAME BACK PART TIME. AND SHE'S GIVEN NOTICE, NO DATE GIVEN. SHE'S GOING TO TAKE US THROUGH THE TRANSITION AND THE AUDIT. AND SHE WAS WORKING FROM REMOTELY. CORRECT. THAT WAS THE ASSISTANT OKAY.

THE ASSISTANT WAS REMOTE BUT QUITE EFFECTIVE IN HER ROLE. DO YOU MIND GETTING US UP TO WHERE WE'RE AT NOW WITH NEW PERSONNEL COMING IN TO FINANCE? YES. WE HAVE A TEMPORARY FINANCE MANAGER WHO IS ON BOARD TO ASSIST WITH TIME KEEPING ADP SOFTWARE IMPLEMENTATION, CONTINUING THAT JOURNEY, HELPING WITH AUDITS, HELPING WITH RECONS. AND THEN WE HAVE RECRUITMENT UNDERWAY FOR THE FINANCE DIRECTOR AND ALSO FOR THE SENIOR ACCOUNTANT. IT'S UNDERWAY. SO FOR CLARIFICATION, WE'VE GONE FROM, YOU KNOW, REMOTE PART TIME TO NOW BEING ABLE TO SURE UP AND HAVE SOME PEOPLE LOCAL THAT ARE GOING TO BE VERY WELL QUALIFIED. SO I'M THANKFUL FOR WHERE FINANCE IS AT AND WHERE WE'RE HEADED. ANY OTHER COMMENTS? NO.

COMMISSIONER JOB. I HAVE NO COMMENTS. FAIR ENOUGH. COMMISSIONER CLARK. I'LL WAIT UNTIL YOU MAKE YOUR COMMENTS TO DO SOMETHING. BUT I JUST WANT TO SAY THAT I HAVE BEEN MEETING WITH THE ASSISTANT OR ACTING CITY MANAGER TO. I GUESS, TO COME TO THE BOARD, AND I DON'T KNOW IF I'M GOING TO ASK TONIGHT, ROSS OR WADE, BUT WE HAVE A PROGRAM THAT COMES UP EVERY YEAR IN MAY, AND THE LEAGUE OF CITIES HAS BEEN WORKING THROUGHOUT THE STATE OF FLORIDA AND SUPPORTING THIS PROGRAM. IT'S THE EMANCIPATION DAY PROGRAM THAT THE LEGISLATURE AND THE LEAGUE AND THE FLORIDA DIVISION OF CULTURAL SERVICES WORKS WITH OUR COMMUNITIES AND OUR CITIES ESPECIALLY. SO I JUST WANTED TO MAKE SURE THAT WE HAVE ENOUGH TIME TO PLAN AND RESERVE AND DO WHATEVER WE NEED TO DO TO GET THAT PROGRAM GOING, AND TO ALSO HAVE A SMALL BUDGET TO WORK WITH THAT. IT'S MAY THE 20TH. IT'S CALLED FLORIDA EMANCIPATION DAY, AND I JUST WANTED TO GET THE BOARD'S APPROVAL TO ALLOW ME TO TO GO AHEAD ON AND PLAN FOR THIS. I PLAN FOR IT LAST YEAR, AND WE HAD A GOOD PROGRAM, AND THE SCHOOL BOARD WANTS TO GET INVOLVED THIS YEAR AS A PART OF THEIR WHOLE EDUCATION PROGRAM.

SO AND I'VE TALKED TO THEM ABOUT USING A FACILITY AT THE SCHOOL BOARD JUST SO THAT I

[00:15:04]

DURING THE WAR, HE BROUGHT THE NEWS, OR AFTER THE WAR, HE BROUGHT THE NEWS, AND HE STOOD ON THE STEPS OF THE KNOT BUILDING UP IN TALLAHASSEE, WHICH IS WHERE THEY KEEP THEIR ANNUAL CELEBRATION UP IN TALLAHASSEE. AND HE DECLARED THAT AND IT ACTUALLY WAS PUT INTO THE CIRCULAR ON THE 20TH OF MAY. SO IT'S PUT IN IT'S IN THE HISTORY BOOKS AS THE 20TH, BUT IT ACTUALLY WAS ALL THE 19TH. AND THEN IT'S JUST LIKE WHEN YOU DO SOMETHING IN THE COURTS AND YOU GO AND YOU FILE IT, BUT THE FILING DATE MAY SHOW UP THE NEXT DAY, DEPENDING ON WHEN IT'S ENTERED INTO THE REGISTER. SO THAT'S WHY WE HAVE IN THE STATE OF FLORIDA THIS MAY 20TH AS CELEBRATION OF EMANCIPATION FOR THE STATE OF FLORIDA. JUNETEENTH IS THE, FOR THE LAST TIME, THE LAST TIME WHEN THE NEWS WAS HEARD IN THE NETHERLANDS, OF TEXAS. SO SO THE STATE OF FLORIDA HAS BEEN PUSHING CELEBRATION AND WORKING ON IT. AND NOW THE LEAGUE OF CITIES HAS, FOR THE AT LEAST FOR THE PAST 6 OR 8 YEARS, IF YOU LOOK AT PLACES LIKE TALLAHASSEE AND GAINESVILLE AND JACKSONVILLE AND OTHER AREAS, THE CITIES HAVE BECOME INVOLVED WITH CELEBRATING THEIR CULTURAL HISTORY IN THIS REGARD FOR THE STATE OF FLORIDA. AND SO FOR THE CITY OF STUART, WE'VE HAD IT SINCE 2021. AND SOME FOLKS IN MARTIN COUNTY HAD ASKED US TO DO CELEBRATIONS, MAYBE IN OTHER PARTS OF THE COUNTY, AND PEOPLE HAVE BEEN ENCOURAGED TO DO THAT. ONE YEAR WE DID GO TO JENSEN BEACH, BUT MOST OF THE ACTIVITIES HAVE BEEN WITHIN THE CITY OF STUART. AND AND WE ARE GOING TO BE DOING SOMETHING IN THE STUART AREA THIS YEAR, IN 2026. AS LONG AS IT'S OKAY. THERE'S NO REALLY BIG BUDGET OR ANYTHING FOR THIS EVENT AND IN FACT IT FALLS DURING THE THE MAY MONTH WHEN WE HAVE HISTORIC PRESERVATION MONTH AND IT WILL BE ONE OF THE ACTIVITIES FROM THE CITY OF STUART FOR THE HISTORIC PRESERVATION MONTH.

LIST OF ACTIVITIES. IS THERE A MOTION NEEDED FROM THE DAIS? I WILL MAKE A MOTION. SO. SO I'M MAKING THAT MOTION THAT WE PLAN AND PREPARE FOR THE EMANCIPATION CELEBRATION ON MAY 20TH IN THE CITY OF STUART. I'LL SECOND THE MOTION. IF WE HAVE A A FINANCIAL ON WHAT THIS WOULD COST OF OUR CITY MANAGER TO TRY TO COME UP WITH SOMETHING, IT WOULD. IT HASN'T.

DID YOU CHECK AND SEE WHAT WE USE THE LAST TIME? I THINK I'D ASK YOU TO LOOK, BUT I REALLY, I HAVEN'T. IT'S BEEN JUST A PROGRAM OF THE CHURCH AND ANYTHING THAT WE'RE GOING TO DO, WE'RE PROBABLY GOING TO WORK WITH THE SCHOOL BOARD TO GET SOME CHARTS AND A FEW OTHER THINGS. WE HAD SOME MONEY FOR FOOD THE LAST TIME. WE DID HAVE SOME MONEY FOR REFRESHMENTS. I AM LOOKING FOR ENTRIES RELATED TO THAT. IN THE PAST I HAVEN'T BEEN ABLE TO FIND ANYTHING YET, BUT WE'LL KEEP LOOKING. WE'LL KEEP LOOKING. THANK YOU. SO WE HAVE A MOTION AND A SECOND. ARE

[00:20:01]

SO I DON'T KNOW WHAT'S GOING ON WITH THAT. I GUESS I'LL WAIT FOR IT TO COME IN FRONT OF OUR BOARD BEFORE I HAVE AN OPINION ON IT. I WANT TO TALK ABOUT THE MPO BOARD THIS MORNING, SO MAYOR COLLINS AND MYSELF SIT ON THIS METROPOLITAN PLANNING ORGANIZATION BOARD FOR MARTIN COUNTY. WE'RE REPRESENTATIVES FROM THE CITY OF STUART, AND THERE WAS AN AGENDA ITEM FOR A PROJECT FOR SIDEWALKS AND A COMMUNITY IN JENSEN BEACH. AND THERE WERE MULTIPLE PETITIONS SIGNED FROM RESIDENTS THAT LIVED IN THERE. AND THERE WERE STILL FOUR OF YOUR ELECTED OFFICIALS IN THE COUNTY THAT VOTED YES ON THIS AGENDA ITEM. SO THE MOTION PASSED. SO BASICALLY, THE RESIDENTS DIDN'T GET WHAT THEY ASKED FOR. I HEAR IT A LOT IN PUBLIC COMMENT SOMETIMES, BUT IT HURT TO SEE THIS STUFF. YES, I HAD PERSONAL TIES TO IT. AND I MENTIONED THAT DURING THE MPO MY FAMILY LIVES IN THERE. I HAVE FRIENDS THAT LIVE IN THERE, BUT NOW YOU'RE GOING TO HAVE NON-CONFORMING RESIDENTIAL HOUSES THAT ARE GOING TO BLOCK SIDEWALKS LIKE WE SEE IN PORT SAINT LUCIE, AND YOU'RE GOING TO HAVE CODE ENFORCEMENT CALLED, AND YOU'RE NOT GOING TO UTILIZE YOUR ENTIRE DRIVEWAY. SO THAT'S MY COMMENT ON THAT. AND THEN I WANTED TO TALK ABOUT ANOTHER ISSUE THAT KEEPS GETTING BROUGHT UP OR MULTIPLE ISSUES.

IT'S THE BACKLOG OF ISSUES THAT STILL HAVE NOT BEEN ADDRESSED IN THE CITY. I'LL THROW OUT SOME EXAMPLES. I KNOW THE JUDGES ARE HERE. I SEE JANINE OUT THERE. STANKOVIC, THE LEONARD PROPERTY, AND I THINK THERE'S A LONG STANDING HISTORY OF ISSUES THAT PREDATED MYSELF AND MAYBE EVEN SOME OF THESE FELLOW BOARD MEMBERS UP HERE, BUT I DON'T KNOW HOW WE RESOLVE THEM. I DON'T KNOW, I DON'T KNOW IF THE CITY MANAGER CAN COME UP WITH A SOLUTION FOR SOME OF THESE THINGS, BUT THEY JUST NEED RESOLVED, IN MY OPINION. ALSO, I WANTED TO MENTION I'D LIKE TO SEE A RESOLUTION COME BEFORE US FOR CHICKENS IN YOUR BACKYARD AS WELL. I THINK THAT'S SOMETHING THAT SHOULD BE TALKED ABOUT. I KNOW ORIGINALLY THIS MOTION PASSED BEFORE. AT THE TIME, JEFF KRAUSKOPF WAS AN ELECTED OFFICIAL, AND HE WAS THE ONE THAT RESCINDED HIS VOTE. BUT I THINK THE MARTIN COUNTY REALTOR ASSOCIATION WOULD PROBABLY GET BEHIND THIS BECAUSE THEY SUPPORT PROPERTY RIGHTS. AND THIS IS A PRIME EXAMPLE OF PROPERTY RIGHTS BEING TAKEN AWAY FROM HOMEOWNERS IN THE CITY OF STUART. AND THAT'S ALL I HAVE TO SAY. SO MY COMMENTS ARE MOSTLY JUST HOUSEKEEPING. I WANTED TO CHECK. THE LETTER THAT WE HAD DISCUSSED GOING TO THE COUNTY WITH REGARD TO A PUBLIC MEETING PER UNION NEGOTIATIONS. YES. YEAH, WE'VE GOT THAT DRAFTED AND WE'LL HAVE THAT READY FOR YOUR SIGNATURE TO GO OUT. YOU ROCK. SURE. YOU ARE THE BEST, ROSS. THANK YOU. YOU'RE WELCOME. AND THEN ITEMS FOR THE NEXT COUPLE OF MEETINGS. WE'VE DISCUSSED A LOT OF THIS ALREADY, AND SOME OF THIS IS ALREADY SCHEDULED. BUT JUST FOR TRANSPARENCY FOR THE NEXT MEETING, A, D AND D WITH REGARD TO THE HALF CENT SALES TAX PRIORITIES, WE'VE ALREADY BEEN DISCUSSING THIS. BUT AFTER RUTH GAVE US, YOU KNOW, TRUE LEGAL IDEA OF WHAT IS APPROPRIATE GOING THROUGH THOSE PART OF THAT IN PARTICULAR IS THE ARTS COUNCIL PROPERTY. DISCUSSING THAT. WELL, LET'S SEE HERE. I'M SURE SOME OF THOSE COMMENTS WILL COME UP BECAUSE SOME OF YOU ARE HERE. BUT FOR FOR THE PUBLIC AND THIS IS NOT AN ITEM YET. JUST JUST FOR PUBLIC, YOU KNOW, TRANSPARENCY. THE ONE THING I REGRET FROM THAT MEETING WAS SAYING MAKE IT A PARK WITH NO OTHER CONTEXT. SO I ATTENDED. THANK YOU. I ATTENDED THE SCHOOL BOARD MEETING BECAUSE I BECAME AWARE THAT THE PROPERTY WHERE THE ARTS COUNCIL BUILDING IS, THE OLD HIGH SCHOOL BUILDING, THERE MAY BE SOME DESIRE TO SELL THAT PROPERTY. AND SO I ATTENDED THAT MEETING AND OFFERED AS ONE

[00:25:04]

YEAH, GO FOR IT. I THINK THAT'S A GOOD WORD TO THROW OUT THERE. YES. YEAH. PARTNERSHIPS. SO BEYOND THE HALF CENT SALES TAX D AND D I ALSO WANTED TO SEE IF POSSIBLE ON THE NEXT AGENDA BECAUSE WE'VE SENT OUT THAT I KNOW. FORGIVE ME. THAT'S THE NEXT ITEM. BRIGHT LINE. THE BRIGHT LINE. BRIGHT LINE. PARKING IMPLICATIONS I'VE DISCUSSED THIS WITH YOU GUYS AT THE ONE ON ONE MEETINGS, BUT I'D LIKE TO SEE STAFF FORMALLY BRING BACK WHAT THE REQUIREMENTS ARE FOR PARKING AT THE COURTHOUSE, WHAT? OUR ARRANGEMENT WAS PART OF THAT GAZEBO. PARCEL CHANGE. YOU KNOW, WE WAIVED SOME OF THE PARKING REQUIREMENTS FOR THE COURTHOUSE.

BUT ULTIMATELY, MY CONCERN IS THAT WITH BRIGHT LINE GETTING THAT ENTIRE PARKING LOT THERE, THAT THE COURTHOUSE WILL BECOME GROSSLY DEFICIENT FOR STAFF PARKING, WHICH WILL FORCE COURTHOUSE STAFF TO PARK ON THE ON STREET. AND SO PART OF THAT CONVERSATION IS ALSO WE'VE ALREADY DESIGNATED SOME PERCENTAGE OF THAT ON STREET PARKING TO PROJECTS LIKE THE ELIZABETH IT WAS UNDER PARKED IN PART BECAUSE OF THAT ON STREET PARKING. SO I'D LIKE TO LOOK AT THAT HOLISTICALLY TO SEE IF WHAT I SUSPECT IS TRUE IS THAT WE, BY HAVING BRIGHT LINE HAPPEN, THAT VERY WELL COULD BE A HUGE NIGHTMARE FOR PARKING. IT COULD LEAD TO LOOPING AND CIRCLING, AS YOU KNOW, ESPECIALLY NEXT TO STEWART MIDDLE SCHOOL. I THINK THAT COULD CREATE ISSUES THERE. JUST A LOT OF BAD CONFUSION CORNER, YOU KNOW, TRAFFIC. AND I'D LIKE TO LOOK AT THAT IF IT PLEASE THE BOARD AND HAVE A D AND D NEXT TIME IF YOU GUYS CAN MAKE THAT HAPPEN. AND THEN FINALLY FOR NEXT MEETING WITH THE THE GRANT APPLICATION GOING OUT FOR THE FEC BRIDGE, I HAD MENTIONED, I THINK AT THE LAST MEETING, PERSONALLY, I, I DON'T WANT TO PAY FOR FEC LEASES IF WE'RE HELPING THEM SECURE $200 MILLION OF TAXPAYER MONEY FOR THEIR BRIDGE. SO I THINK PART OF THE NEGOTIATION OF SECURING THEM THAT MUCH TAXPAYER MONEY FOR THEIR BRIDGE SHOULD BE RELIEF FROM. HAVING TO PAY FOR UNDERGROUND LEASES, PARKING SPACES, CROSSING THE TRACKS. WE PAY A LOT OF MONEY FOR THAT, YOU KNOW, OVER $100,000 NOW A YEAR. SO WHAT I WOULD LIKE TO SEE IS A PRESENTATION, NOT A D AND D AS MUCH. OBVIOUSLY WE CAN DISCUSS, BUT A PRESENTATION FROM STAFF WITH THE NUMBERS UP ON THE WALL OF WHAT WE'RE PAYING FEC AND FOR WHAT WHAT THAT HAS LOOKED LIKE, YOU KNOW, AT 5% A YEAR, ESCALATING FOR INFINITY. AND THE GRANT WE'VE SENT THE APPLICATION FOR THE GRANT OUT. BUT AT SOME POINT THAT'S GOING TO COME BACK FOR FINAL APPROVAL. AND WHAT THAT TIMELINE IS AND WHAT IT WOULD

[00:30:01]

WE NEED TO BE HAVING SOME KIND OF CORRESPONDENCE WITH FEC. SO WHAT THAT MIGHT LOOK LIKE IN TERMS OF A TIMELINE AND WHAT MIGHT NEED TO HAPPEN. SO MAYBE A JOINT PRESENTATION BETWEEN BOTH OF YOU TO BECAUSE THERE'S A LOT OF OVERLAP THERE. OH, VICE MAYOR, FORGIVE ME. CAN WE HAVE A REPRESENTATIVE FROM FEC THERE AS WELL? GOOD LUCK. RIGHT, RIGHT. I WAS TOLD GOOD LUCK FOR THAT. BUT IF WE'RE GIVING THEM MONEY, WE'RE PAYING FOR 90% OF THE BRIDGE TAXPAYERS. MEANING NOT JUST ME. I THINK THERE SHOULD BE A REPRESENTATIVE FROM FEC THAT SHOULD BE OPEN TO QUESTIONING BY US. I AND THEN MORE QUESTIONS AHEAD OF TIME OR I KNOW WHAT, I KNOW WHAT WE WANT. AND THEN FOR THE 323 MEETING, A RESOLUTION, NOT AN ORDINANCE, BUT A RESOLUTION OF IN FRONT OF US REQUIRING AND WE TALKED ABOUT THIS IN THE ONE ON ONE MEETINGS AS WELL, SEPARATING THE COST OF LIVING RATE, TAKING THAT OUT OF JUST SOMETHING THAT WE APPROVE OVERALL IN THE BUDGET AND FOR TRANSPARENCY FOR THE PUBLIC, FOR THE RATIONALE FOR WHY, WHAT THAT RATE'S GOING TO BE THAT CONVERSATION AND A PRESENTATION AND ULTIMATELY APPROVING THAT SEPARATELY AND NOT JUST SORT OF BURIED IN THE LARGER BUDGET. SO WITHIN THAT SAME BUDGET TIME, HAVING, YOU KNOW, WHAT THE STAFF RATE INCREASE IS GOING TO BE AND WHY, AND THEN ULTIMATELY APPROVING IT. SO IF WE COULD HAVE A RESOLUTION FOR THAT, AND THEN ON THAT 323 MEETING, I THINK IT WOULD ALSO BE GOOD TO HAVE CANDICE OFFER UP HER POLLING THAT SHE'S DONE ON THE, THE, YOU KNOW, POSSIBILITIES OF WHAT WE WOULD DO ON THE CURRENT CITY HALL SITE. AND THEN IF SHE HAS OTHER INFORMATION SHE WANTS TO PRESENT, AND THEN POTENTIALLY ALSO HAVE. JIM, I DON'T KNOW IF JIM IS JIM'S HERE. I THINK YOU'D BE AWESOME AT THIS PERSONALLY. BUT ROZ WILL MAKE THE CALL IS GOING THROUGH THOSE PAST PLANS AND THAT YOU HAVE ACCESS TO IN THE PAST, AND HAVE US START A CONVERSATION AND HEAR ABOUT WHAT WE MIGHT WANT TO SEE HAPPEN. THAT MAYBE IN THIS PRESENT, AFTER THIS PRESENTATION IS DONE AND SOME CONVERSATION MIGHT LOOK LIKE EITHER SCHEDULING A WORKSHOP FOR THE PUBLIC OR SOMETHING LIKE THIS THAT WANTED TO GET THAT ON AN AGENDA FOR 323 SO WE CAN GET THAT STARTED. I THINK THAT'S ABOUT IT. OH, AND THEN AT SOME POINT WHEN STAFF IS READY, I'M, I'M, I'M IN AGREEMENT WITH CHICKEN. YEAH.

THANKS. YEAH. IT MAY SOUND FUNNY TO SOME PEOPLE, YOU KNOW. NO ROOSTERS, ONLY CHICKENS, NO ROOSTERS. IT IT MAY SOUND FUNNY, BUT I DO THINK, YOU KNOW, FAMILIES, YOU HAVE SMALL FAMILIES, YOU HAVE KIDS BEING ABLE TO HAVE, I DON'T KNOW, FOUR HENS. YOU KNOW, I DON'T THINK IT WOULD DESTROY THE CITY. BUT THOSE ARE MY COMMENTS. CITY MANAGER. I DO HAVE SOME. YEAH.

[COMMENTS BY CITY MANAGER ]

OYSTER SHELLS WERE RECYCLED FROM LOCAL RESTAURANTS ACROSS FLORIDA. THE MARTIN COUNTY CHAPTER OF THE COASTAL CONSERVATION ASSOCIATION OF FLORIDA CONSTRUCTED THE VERTICAL GARDENS. THEY WERE DEPLOYED IN SEPTEMBER OF 24, AND EACH STRUCTURE IS NOW SUPPORTING 50 TO 75 NEW OYSTERS, WHICH CONTRIBUTES TO WATER QUALITY AND HABITAT RESTORATION.

THE EMPLOYEES WHO ARE GOING TO BE RECEIVING THOSE AWARDS ON THE PART OF THE CITY WOULD HAVE THEIR TICKETS FUNDED BY THEIR RESPECTIVE DEPARTMENTS, WHICH ARE ALSO BUDGETED. SO REALLY

[00:35:02]

EMPLOYEES ABOUT 300 DEDICATED SOULS WHO ARE SERVING THE COMMUNITY PROFESSIONALLY AND WITH THEIR EXPERTISE. AND WHEN I ASK THE QUESTION, WHAT'S GOOD? DIRECTORS HAVE COME FORWARD WITH A FEW UTILITIES AND ENGINEERING. WE HAVE DEVIN PAINE, WHO'S AN INFRASTRUCTURE LOCATION SYSTEM SPECIALIST, AND HE JOINED US ABOUT SIX YEARS AGO AS A UTILITY SERVICE WORKER AND HAS CONTINUED TO DEVELOP AND GROW IN HIS CAREER. AND HE RECENTLY EARNED HIS FLORIDA DEP CLASS A DISTRIBUTION SYSTEM OPERATOR LICENSE, WHICH IS ONE OF THE HIGHEST LEVELS OF CERTIFICATION IN THE FIELD, WHICH IS, YES, DEMONSTRATING ADVANCED COMPETENCY WELL BEYOND THE BASELINE. ALSO, IN UTILITIES AND ENGINEERING, WE HAVE BRAD. BRAD JOINED US IN 2022 ALSO AS A UTILITY SERVICE WORKER. HE MOVED ON TO A TREATMENT PLANT OPERATOR TRAINEE, NOW SERVES AS A FULL FLEDGED OPERATOR, WHICH REQUIRES A CLASS C LICENSE. AND HE JUST ACQUIRED HIS STATE CLASS B LICENSE. GO CBA'S A IS THE HIGHEST, WHICH IS THIS ONGOING COMMITMENT TO EXCELLENCE AND DESIRING TO GROW IN HIS CAREER. FROM OUR HR DEPARTMENT, DEBBIE SMITH, ONE OF OUR HR PROGRAMS ANALYST, JUST EARNED ANOTHER PROFESSIONAL CERTIFICATION IN PAYROLL, WHICH IS DEMONSTRATED DEMONSTRATING HER COMMITMENT TO MAINTAINING HIGH STANDARDS AND PROFESSIONAL GROWTH IN HER LINE OF WORK. AND LAST BUT NOT LEAST, WE WANT TO POINT TO THE CITY CLERK'S OFFICE. THERE ARE THREE EMPLOYEES IN THE CITY CLERK'S OFFICE, AND THEY HANDLE AN ENORMOUS VOLUME. AND IN ONLY 32 DAYS OF THIS FISCAL YEAR, THEY RECEIVED AND PROCESSED 169 PUBLIC RECORDS REQUESTS IN JUST 32 DAYS WITH THREE PEOPLE.

SORRY. IT'S A LOT. SO CASUALTY OF BEING CONTROVERSIAL, ACTUALLY 205 AS OF TODAY. 0205 IT GROWS. WE'RE LUCKY TO HAVE SUCH A REMARKABLE STAFF EVERYWHERE THROUGHOUT ALL THE DEPARTMENTS. ROSS AND I HAVE SPOKEN ABOUT THIS. I THOUGHT IT WOULD BE REALLY NICE TO DO A SPOTLIGHT ON THE WEBSITE, A SPOTLIGHT SPOTLIGHTING DIFFERENT EMPLOYEES. A LOT OF PEOPLE REALLY DON'T KNOW IN THE COMMUNITY WHAT THEY DO, WHAT CERTIFICATIONS THEY NEED TO DO THEIR JOB. AND SO I THINK THAT THAT'S IMPORTANT FOR THE COMMUNITY TO KNOW. I AGREE THEY'RE PHENOMENAL. SO THANK YOU FOR ALLOWING ME TO BRING THESE FORWARD AND SHARE WITH YOU. AND EVERY TUESDAY I'LL BE ASKING DIRECTORS WHAT'S GOOD, WHAT'S GOOD. THANK YOU ALL.

MARY, DO YOU WANT TO GIVE SOME KIND OF SPEECH? WE DON'T HAVE THE TIME. OKAY. DO WE NEED A CONSENSUS OR VOTE TO DO ALL OF THESE? DAD'S AND THE ITEMS YOU WANT ON THE AGENDA DID DID IF THERE'S IF THERE'S A FOLLOW UP A DISAGREEMENT. NO. OKAY. WHAT I SAID OR NO I'M I'M IN

[APPROVAL OF AGENDA]

[00:40:05]

[COMMENTS FROM THE PUBLIC (Non-Agenda Related) (3 Minutes Max.)]

AT 15 SECONDS IT WILL CHANGE TO YELLOW. SO YOU KNOW YOU CAN WRAP IT UP. AND THEN AT RED IT'LL GO OFF AND THERE WILL BE A BUZZER SOUND. AND THEN THERE'S A NEW EJECTION SEAT.

JUST SO YOU GO ANOTHER 15 SECONDS. YOU'RE GOING TO IT'S JUST TO PROMOTE EFFICIENCY AND KEEP EVERYBODY ON TRACK OKAY. THE FIRST ONE TO TRY THIS. GOOD EVENING COMMISSIONERS. MY NAME IS WILLIAM ROGER OF 1701 SOUTHWEST PALM CITY ROAD, STUART, FLORIDA, TO ADDRESS VICE MAYOR REED'S COMMENTS REGARDING LEGACY CASES IN STUART. I CAME HERE TONIGHT TO ASK FOR AN UPGRADE ON THE INVESTIGATION I HAVE BEEN CALLING FOR SINCE LAST YEAR.

THERE HAVE BEEN MANY REPORTS DELIVERED MULTIPLE WAYS AT MULTIPLE TIMES TO THIS COMMISSION OF CRIMINAL ACTIVITIES ALLEGEDLY OCCURRING, PERPETRATED BY CITY OFFICIALS, CITY IN AN OFFICIAL CAPACITY, MOST NOTABLY MICHAEL MORTEL AND PAUL NICOLETTI, AMONG OTHERS.

SO I AM HERE TONIGHT TO DEMAND THIS INVESTIGATION TAKE PLACE. DO YOU THINK BY THROWING MIKE MOTEL UNDER THE BUS AND FIRING HIM, YOU GOT RID OF HIM AND ALL THIS GOES AWAY WHEN ALL YOU REALLY DID WAS MOVE HIM UP TO THE TRIAL COURT ADMINISTRATOR IN MARTIN COUNTY. BASICALLY, HE GOT A PROMOTION, AS SHAMEFUL AS THAT IS. AND NOW I REALLY WOULD LIKE TO KNOW WHAT'S GOING ON WITH THIS INVESTIGATION. AND AT THIS POINT, WITH YOUR APPARENT APATHY AND NEGLIGENCE, I BELIEVE THE INVESTIGATION SHOULD BE THIRD PARTY INDEPENDENT. ONE, I DO, IN FACT EXPECT AN ANSWER SOON PLEASE, AS I HAVE BEEN ASKING ABOUT THIS SINCE LAST YEAR. IF YOU'RE NOT PART OF THE PROBLEM, YOU'RE PART OF THE SOLUTION. THEN YOU. THANK YOU FOR YOUR SERVICE AND YOUR TIME. GOD BLESS OUR CITY AND GOD BLESS THIS COMMISSION. AMEN. AMEN. NEXT I HAVE JANINE ALEXANDER. CAN I ASK FOR THE CLOCK CANNOT START UNTIL THEY. ALL 327 I'M GOING TO MAKE REFERENCE TO, BUT I DON'T HAVE TIME TO HAVE THEM UP THERE. OKAY. SOME OF YOU ALL MIGHT RECALL JANUARY 26TH MEETING WHEN I PRESENTED, AND I KIND OF LOST MY COOL A LITTLE BIT WHEN LEE BAGGETT WENT INTO A 19 MINUTE NARRATIVE IN WHICH HE REVEALED SOME OF MY PERSONAL HEALTH MATTERS, AS WELL AS DISCLOSE A COUPLE OF POLICE REPORTS THAT WERE FOUND TO BE FALSE, WHICH CROSSED THE LINE INTO DEFAMATION PER SE. IN FLORIDA STATUTE. I'M GOING TO PROCEED DECEMBER 8TH. I MADE PUBLIC COMMENTS IN COMMISSION MEETING TO REINFORCE THE TERMINATION OF MICHAEL MARTELL. LEE BAGGETT WAS DIRECTED WITH THE RESPONSIBILITY TO EXPLAIN THE CERB PROCESS AND UPDATE THE COMMISSION ON JANUARY 26TH, 2026. IN THE AGENDA ITEM, LEE PROCEEDED TO READ A SIX PAGE NARRATIVE 19 MINUTES LONG, WHERE HE DID NOT REFERENCE ANY CASE NUMBERS OR COMPLAINTS, BUT INSTEAD LAUNCHED INTO AN ALL OUT SMEAR CAMPAIGN AGAINST ME.

MR. BAGGETT CITED A SUICIDE ATTEMPT NOTED IN OFFICER VOSE POLICE REPORT MR. BEGET FAILED TO PROVIDE MEDICAL RECORDS TO SUPPORT THE CLAIM, AND IT WOULD IT WOULD NOT HAVE BEEN APPROPRIATE IF HE HAD. IT NEVER IS APPROPRIATE TO DO WHAT HE DID IN PUBLIC. MR. BAGGETT CITED TWO REPORTS OF VEHICULAR DAMAGE TO GALIZIA'S CAR, WHICH WAS MY FORMER DOMESTIC PARTNER, WHICH NEITHER WERE FOUNDED. ALL TOTALED, GALLUS REPORTED 12 FALSE POLICE REPORTS, WHICH RESULTED IN A DEFAMATION PER SE CLAIM BROUGHT BY ME IN CASE AS CASE NUMBER 2018 1560. ALL TOTALED, THERE WAS NEVER ANY PROOF OF O'CONNELL'S INJURIES. JOYCE O'CONNELL WAS ALSO A DEFENDANT IN THE DEFAMATION CLAIM BY PHOTOGRAPH OR MEDICAL REPORT. IN CONTRAST, ON JANUARY 26TH, YOU MIGHT RECALL THAT I BROUGHT A PACKAGE THAT WAS EMAILED TO OFFICERS SUDHOFF AND

[00:45:04]

IN STARK CONTRAST, THERE ARE NO SUCH PHOTOGRAPHS OR ANY EVIDENCE OF INJURY TO MISS JOYCE O'CONNELL, WHO IS NOW DECEASED. CITIZENS. I FILED A CITIZEN'S COMPLAINT IN 2018 UNDER ATTORNEY LEADERSHIP MICHAEL MARTELL, WHO WAS EVENTUALLY PROMOTED TO CITY MANAGER. BUT DAVID DIAS, WHO IS THE FORMER CHIEF OF POLICE, WAS PROMOTED IN ADVANCE OF MICHAEL MARTELL DURING A PERIOD OF TIME WHEN HE WAS IN QUESTION FOR NEGLIGENCE BASED ON HIS POLICE OFFICER'S NEGLIGENCE, MISS ROSS JOHNSON WAS ASSIGNED THE TASK OF CONSTRUCTING A SUMMARY REPORT TO WHICH I REFER THIS EVENING, WHICH CLAIM THAT STEWART POLICE FAILED TO FOLLOW POLICY 27 AND 28 EVIDENCE, PROPERTY AND CRIME SCENE, WHICH YOU WILL FIND IN YOUR PACKETS.

POLICY 27, PAGES SIX AND SEVEN DIVIDED BY EIGHT. SPECIFICALLY WHAT POLICE OFFICERS ARE SUPPOSED TO DO. I APOLOGIZE, I'M DOWN TO 15 SECONDS. DO THE EVENTS OF FEBRUARY 22ND. I LOST MY TEACHER'S LICENSE AND MY ABILITY TO PROVIDE FOR MYSELF AND MY FAMILY. YOUR TIME HAS ENDED. THE ONLY OTHER RECOURSE I HAVE IS UNDER 768.28. AS A CIVIL LITIGATION, I MUST GIVE THIS COMMISSION SIX MONTHS TO RESPOND TO MY. ALEXANDER, THE TIME IS UP. THANK YOU, THANK YOU. MR. KIM. COFFEE? LADIES AND GENTLEMEN, I AM KIM MICHAEL COFFEE FROM WEST PALM BEACH.

I'M HERE IN REGARD TO JANINE ALEXANDER. SEE, I'M A FLORIDA RESIDENT OF PALM BEACH COUNTY.

I BECAME ACQUAINTED WITH JANINE ALEXANDER BY THE BY THROUGH A MUTUAL FRIEND, AN ACQUAINTANCE FROM COLLEGE. I OWNED AND OPERATED A CARPENTRY CONSTRUCTION COMPANY WHO PRIMARILY FOCUSES ON BATHROOMS AND KITCHEN REMODELS. FOR 45 YEARS. I'M RETIRED. I RETIRED FIVE YEARS AGO. JANINE AND I HAD WERE INVESTING IN PROPERTIES IN STUART AT VISTA PINES, WHICH WERE JUST DISTRESSED AND NEEDED UPDATE FROM EITHER. SORRY, I'M A TERRIBLE SPEAKER. REYNOLDS FOR RESALE. WE RESIDED IN VISTA PINES AND HAD A LEASE PURCHASE OPTION ON Y3. JANINE AND I HAD OUTSTANDING REPUTATION IN THE COMMUNITY WITH WITH THE HOA DUE TO THE EVENTS IN THE FEBRUARY 27TH 15, WE LOST OUR RIGHTS TO THE PROPERTY AS GALLUS AND O'CONNELL FALSELY REPORTED TO HOA THAT OUR AN EVICTED. I HAVE ALWAYS BELIEVED IN JANINE'S INNOCENCE AND THE EVENT FOLLOWED BY A DENIAL OF MARRIAGE PROPOSAL AND SHE NOT KNOW NEIGHBOR JOYCE O'CONNELL UNTIL THE EVENING. STUART POLICE OFFICER VO WAS FIRST ON THE SCENE. JOYCE O'CONNELL WAS INTOXICATED, WHICH WAS CONCEALED WHEN SHE DIDN'T OBTAIN A MEDICAL TREATMENT FOR HER CLAIM OF INJURIES. THEY DIDN'T TAKE PHOTOS AT THE CRIME SCENE AND OKAY, THERE WAS A 55 SECOND VIDEO CLIP WHICH WAS USED TO INCRIMINATE JANINE, SHOWS O'CONNELL DRUNK, DRUNK AND SWAGGERING WITH A GLASS OF WINE IN HER HAND AS SHE FOLLOWED JANINE OUT THE DOOR AND SAID, LET GET HER OUT, GALLUS FOR THE RECORDING OF SEVEN MINUTES, BUT EDITED ONLY TO THE POLICE, ACQUIRED THOUGHT THROUGH EMAIL FROM GALLUS.

MARCH 11TH, 2015. JANINE WAS SUPPORTED AND ARRESTED WITHOUT WARRANT AT HER RESIDENCE AT TEN 10:30 P.M. BY FOUR ARMED STUART POLICE, SUPERVISED BY MATTHEW BERNARDO. THESE EVENTS HAVE LEFT A TRAIL OF DECEPTION, LIES, DAMAGE AND REPUTATION AND FINANCIAL LOSS TO JANINE AND HER FAMILY. THE CITY OF STUART, HEADED BY A FORMER ADMINISTRATOR, MICHAEL MORTEL AND DAVID DIAZ, APPEAR TO HAVE NEGLECTED THEIR DUTY TO FOLLOW POLICE POLICIES THAT PROTECT AND SERVE PUBLIC. JANINE IS AN EXAMPLE OF WHAT POTENTIAL DEVASTATED ATTITUDE COVERING UP

[00:50:02]

GOOD EVENING. SOME OF THE THINGS THAT I CAME TO TALK ABOUT, YOU GUYS HAVE KIND OF MENTIONED IT, BUT I JUST CAME UP BECAUSE THE LAST CITY COMMISSIONER MEETING, YOU GUYS HAD A HONEY SUGAR ICED TEA PERFORMANCE UP THERE. THE DISRESPECT THAT YOU SHOWED EACH OTHER, I THOUGHT DID NOT REPRESENT OUR CITY WELL. AND THEN ON TOP OF THAT, FOR ME TO GO ON MY FACEBOOK PAGE AND SEE THAT OUR CITY MANAGER, NOT OUR CITY MANAGER, MAYOR, CITY MAYOR HAD MADE A VIDEO OF THAT SUGAR HONEY ICED TEA EVENT AND MOCKED ANOTHER COMMISSIONER BECAUSE HE HE STUMBLED IN READING HIS PREPARED SPEECH AND COMPARE THAT TO OUR FORMER VICE PRESIDENT JOE BIDEN WAS TERRIBLE. YOU SHOULD REALLY BE ASHAMED OF YOURSELF. AND TO HAVE MY FAMILY IN ANOTHER STATE SAYING, WHAT'S GOING ON IN THE CITY OF STUART? AND I ASKED THEM, Y'ALL SAW THAT? TWO, I THINK IT WAS TERRIBLE. OKAY. AND I WANT YOU ALL TO KNOW THAT THAT IS NOT A GOOD LOOK FOR THE FIVE PEOPLE SITTING UP HERE THAT IS REPRESENTING OUR CITY.

FOR WHATEVER REASON, MORTELL WAS ASKED TO RESIGN OR WAS FIRED BECAUSE IT ALL ENDED UP WITHOUT CAUSE. I THINK WE ALL HAVE A RIGHT TO KNOW. SO AN INVESTIGATION MAY BE SHOULD BE DONE. OKAY. HE WASN'T ONE OF MY FAVORITE PEOPLE, BUT THIS IS JUST GONE TOO FAR. IT'S GONE TOO FAR. AND I THINK OUR CITY DESERVES A BETTER REPRESENTATION FROM THE PEOPLE THAT ARE SUPPOSED TO BE LOOKING OUT FOR US. WE'RE PAYING YOU TAX. WE'RE PAYING TAX MONEY.

WHETHER WE RENT OR OWN. WE SHOP AND OUR TAX DOLLARS ARE TAKING CARE OF WHATEVER SALARIES YOU'RE GETTING. AND FOR WHATEVER SALARY MARTEL WAS GETTING AND FOR WHATEVER LAWSUIT THAT'S GOING TO BE FILED, TAXPAYERS DOLLARS ARE GOING TO PAY FOR IT. SO GIVE US SOMETHING BETTER REPRESENT US IN A BETTER WAY, BECAUSE YOU ALL DID A TERRIBLE JOB AT THAT LAST MEETING. KAREN HALL. I CAN'T TOP THAT. THAT WAS SO GOOD. I SHOULD HAVE GONE TO HIM.

GOOD EVENING. KAREN HALL, 1701 SOUTHWEST PALM CITY ROAD. I LABEL MY THOUGHTS TONIGHT. WHAT CAN WE DO FOR THE SAFETY OF OUR COMMUNITY, OR HOW CAN WE HELP YOU? HELP US? OH, I SENT YOU THIS EMAIL. THIS WAS LIKE A COUPLE DAYS AFTER MORTEL LEFT AND I JUST SAID, CHECKING IN ON YOU. I'M HEARTBROKEN ABOUT ALL THIS, BUT I KNOW IT'S BEST FOR THE CITY IN THE MOMENT. I WANT TO ENCOURAGE YOU AND REMIND YOU THAT YOUR WELL LOVED IN THIS COMMUNITY. TAKE YOUR LICKS, SAY WHERE YOU AIRED AND RESTORE YOUR LIFE. YOUR FAMILY LOVES YOU. YOUR COMMUNITY LOVES YOU.

YOU ARE THE COMEBACK KID. IT AIN'T OVER FOR YOU. THIS WAS TO MIKE MORTEL. OKAY, THE PART WHERE I SAY SAY WHERE YOU AIRED AND RESTORE YOUR LIFE. THIS GUY, I AGREED WITH YOU. WE DID NOT WANT TO AIR MIKE MORTELS DIRTY DEEDS DONE DIRT CHEAP. THAT WAS NOT RIGHT. WE WERE POLITE. YOU GUYS WERE VERY NICE. I DIDN'T AGREE WITH LETTING HIM GO WITHOUT CAUSE BECAUSE I KNEW THE CAUSE. THERE ARE CRIMINAL ACTIONS. HE DID CRIMINAL THINGS. DOESN'T MEAN HE'S NOT A GOOD GUY. HE JUST DID A COUPLE BAD THINGS. SO NOW HE'S OVER AS A TRIAL COURT ADMINISTRATOR. HAD WE INVESTIGATED HIM? HAD WE FIRED HIM WITH. CAUSE I THINK YOU WERE TRYING TO PROTECT THE CITY. LIKE THERE MIGHT BE A LAWSUIT IF WE FIRED HIM WITHOUT, I MEAN, WITH CAUSE. SO JUST

[00:55:03]

WE JUST WANT A HEARING. AND WHEN MR. MORTEL PREVENTS US FROM HAVING A HEARING AND NOW HE'S THE TRIAL COURT ADMINISTRATOR, YOU COULDN'T MAKE THIS UP. SO I DON'T KNOW WHAT WE CAN DO ABOUT THIS AS A COMMUNITY. FOR OUR COMMUNITY. IT'S DANGEROUS. HE WAS DANGEROUS HERE. NOW HE'S GOING TO BE WORSE. THANK YOU FOR YOUR SERVICE. NANCY TERRELL. GOOD EVENING, NANCY TERRELL. I'VE BEEN THE LONG TIME EXECUTIVE DIRECTOR OF MARTIN ARTS, WHICH IS THE UMBRELLA FOR THE MARTIN OR FOR THE ARTS FOUNDATION FOR MARTIN COUNTY AND THE ARTS COUNCIL. WE HAVE A LONG STANDING, VERY POSITIVE RELATIONSHIP WITH THE CITY OF STUART. WE'RE ONE OF THE KEY CULTURAL ORGANIZATIONS THAT SERVES THIS COMMUNITY AND BRINGS LOTS OF GOOD THINGS TO LIFE HERE. RELATED TO MAYOR COLLINS COMMENTS TO EARLIER AND OVER THE LAST WEEK, I WOULD LIKE TO REQUEST OPPORTUNITY TO SHARE THE VISION. I WAS SORT OF WAITING FOR US TO GET TO THE NEXT STEP, TO ASK FOR AN OFFICIAL TIME TO PRESENT WHAT THE VISION IS FOR THAT FACILITY. BUT I THINK NOW IS THE TIME. AND I ALSO WANT TO NOTE THAT A KEY PIECE OF OUR NEGOTIATIONS WITH THE MARTIN COUNTY SCHOOL DISTRICT, IT'S NOT JUST A LEASE ANYMORE, IT'S A LEASE WITH AN OPTION TO PURCHASE. AND THE PURCHASE WOULD COME WITH A DEED RESTRICTION TO KEEP IT IN PUBLIC USE. SO A LOT OF THE THINGS YOU SAID, I THINK, YOU KNOW, MAKE A LOT OF SENSE AND ARE ALREADY THE DIRECTION THAT EVERYBODY IS MOVING IN. SO AGAIN, I'D BE HAPPY TO MAKE A FULL PRESENTATION AND ANYTIME HAPPY TO MEET WITH ANYONE ONE ON ONE TO SHARE COMMENTS AND QUESTIONS AND CONCERNS. THANK YOU. I HAVE NO FURTHER PUBLIC COMMENT. MAYOR. OKAY. MOVING ON TO THE CONSENT CALENDAR, IS THERE? MR. MAYOR, WITH REGARD

[APPROVAL OF CONSENT CALENDAR]

MOTION. AND SECOND, IS THERE ANY PUBLIC COMMENT ON THE CONSENT CALENDAR SEEING NONE.

ARE THERE COMMENTS FROM COMMISSIONERS? SEEING NONE? MARY, WOULD YOU CALL THE ROLL VICE MAYOR REED. YES, COMMISSIONER. YES, COMMISSIONER. CLERK. YES, COMMISSIONER. RICH.

[3. 400 S.E. OSCEOLA STREET REZONE TO COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) (QUASI-JUDICIAL) (RC): ORDINANCE No. 2549-2026; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, REZONING A +/-0.45 ACRE PARCEL LOCATED AT 400 S.E. OSCEOLA STREET WITHIN THE COMMUNITY REDEVELOPMENT AREA SPECIAL DISTRICT, FOR PROPERTY LEGALLY DESCRIBED AS LOTS 23, 24 AND 25, BLOCK 1, STYPMANN'S SUBDIVISION, FROM R-3 – RESIDENTIAL MULTI FAMILY/OFFICE ZONING DESIGNATION TO COMMERCIAL PLANNED UNIT DEVELOPMENT DESIGNATION AND ADDING BARBERSHOP, BEAUTY SALONS, AND SPECIALTY SALONS AS ALLOWABLE USES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.]

TECHNICALLY, FROM MY UNDERSTANDING, I'LL LEAN ON MY ATTORNEY THAT DOESN'T TECHNICALLY CREATE A CONFLICT OF INTEREST, BUT OUT OF AN ABUNDANCE OF CAUTION TOANY APPEL IMPROPRIETY, I WAS GOING TO RECUSE MYSELF AND AND REQUEST THAT YOU WOULD READ THE APPLICABLE IF YOU HAVE ACCESS TO IT. SURE, MR. MAYOR, HE'LL FILE THE FORM, MR. LEE. PROPER FORM? YES. HE'S GOT 15 DAYS FROM TODAY TO FILE THE FORM. SO ALTHOUGH HE DOESN'T NECESSARILY MEET THE STATUTORY DEFINITION OF A CONFLICT TO PREVENT VOTING UNDER FLORIDA STATUTE 112.3143

[01:00:05]

IT'S NOT REQUIRED. CORRECT. IT'S IT'S NOT REQUIRED, BUT IT'S RECOMMENDED BY THE COMMISSION ON ETHICS AND A SIMILAR SITUATION. YES. SO MY MY GRIPE WITH THAT IS, IS YOU'VE HAD SO MANY OTHER PRIOR ELECTED OFFICIALS THAT HAD PERSONAL TIES SIMILAR TO THIS, AND THEY NEVER RECUSED THEMSELVES AT ALL BECAUSE IT'S NOT A RECOMMENDATION. I DON'T KNOW. I MEAN, I LISTEN, I RESPECT WHERE YOU'RE COMING FROM. THIS IS MORE SO FOR PRIOR ELECTED OFFICIALS. IT'S DISGRACEFUL THAN IF THEY DIDN'T TAKE THE RECOMMENDATION. AND I THINK IT IRKS ME BY SITTING UP HERE BECAUSE I KNOW THEY HAD A BUNCH OF PERSONAL TIES FOR PRIOR QUASI JUDICIAL ITEMS. IT'S I MEAN, ANYBODY CAN RECUSE THEMSELVES ON A QUASI JUDICIAL.

I MIGHT AS WELL RECUSE MYSELF FROM EVERYONE IF I FELT LIKE IT. I HAVE PERSONAL TIES TO EVERYBODY. I MEAN, AND I'M BORN AND RAISED IN MARTIN COUNTY. I JUST DON'T KNOW. AND I'M NOT KNOCKING YOU BY BY RECUSING YOURSELF. THIS IS MORE PRIOR, I GUESS THE STANDARD WAS SET.

IT'S LIKE, HOW DO YOU LOOK AT PAST AGENDA ITEMS THEN THAT WOULD CAUSE I JUDICIAL THAT GOT APPROVED THEN? LEE I CAN'T ANSWER THAT QUESTION. I KNOW, I KNOW, I LOOKED, I LOOKED AT, I LOOKED AT THIS QUESTION. AND THE MAYOR WANTED TO NOT HAVE ANY APPEARANCE OF IMPROPRIETY.

HE DISCLOSED THAT HE'S CLOSE FRIENDS WITH THE APPLICANT AND HE'S PERSONALLY HE'S ALSO HIS BUSINESS. HIS HIS MEDICAL PRACTICE IS A TENANT OF HIM AND HIS OTHER BUILDING. THAT'S NOT AT ISSUE TONIGHT. SO WITH THOSE THOSE FACTS THAT HE ASKED ME TO LOOK INTO IT, I LOOKED INTO IT.

I FOUND WHAT I JUST CITED TO, AND I THINK IT'S BEST THAT HE AVOID ANY APPEARANCE OF IMPROPRIETY. YEAH. SO LIKE I SAID, I RESPECT THE BOTH OF YOU. THIS IS MORE SO. PRIOR ELECTED OFFICIALS HAD PERSONAL TIES ON A LOT OF STUFF. I'M TALKING COUSINS, FAMILY, FINANCIAL INVESTMENTS. AND I DON'T THINK I EVER HEARD ANY PRIOR ELECTED OFFICIAL OVER THE LAST TEN YEARS RECUSE THEMSELVES ON ANY QUASI JUDICIAL HEARING IN THIS CHAMBER, AND THAT'S BAD. OKAY.

THANK YOU. WELCOME TO STUART. THANKS. I MEAN, THANKS I CAUTION YOU TO STILL TO CHECK THAT THOUGH. MR. I MEAN, IF YOU'RE SAYING TEN YEARS, BUT I CAUTION YOU TO CHECK THAT BECAUSE I KNOW THAT I'VE HAD PEOPLE. WITHDRAW FROM THINGS. AND THE KEY THING, THE BRIGHT LINE TEST THAT THEY USE WAS IN YOUR IF THERE'S ANY PERSONAL BENEFIT THAT IN YOURS TO THEM OR THEIR FAMILY. I KNOW WHEN WHEN MAYOR MATHESON, I THINK THERE WAS SOMETHING ABOUT A HOUSE BEHIND SOME PROPERTY THAT HE HAD BEHIND SOMETHING MAYBE ON SIXTH STREET OVER THERE.

THERE WERE SOME OTHER THINGS. I'VE SEEN PEOPLE HERE RECUSE. I WOULDN'T SAY ALL THE TIME, BUT I'VE SEEN PEOPLE RECUSE. BUT IT WOULD BE NICE IF THE CLERK OR SOMEBODY WANTS TO TO CHECK IT OUT. BUT YEAH, THE MAIN THING THAT PEOPLE HAVE USED IS IF THERE'S A BENEFIT THAT IN YOUR AND I'VE RECUSED MYSELF AND IT HAD I, THERE WAS NOTHING THERE. BUT JUST FOR THE THE BIBLE SAYS FLEE THE VERY APPEARANCE OF EVIL. AND I JUST DID THAT JUST SO THAT IT YOU KNOW, NOBODY

[01:05:02]

DID I SHUT IT OFF? YOU TURN IT OFF. THANK YOU. OKAY, THEN LET'S GET INTO IT. SO, LEE, WOULD YOU READ THE ITEM? SURE. ORDINANCE NUMBER 2549 2026. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING. I'M SORRY, REZONING A 0.45 ACRE PARCEL LOCATED AT 400 SOUTHEAST OSCEOLA STREET WITHIN THE COMMUNITY DEVELOPMENT AREA SPECIAL DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS LOTS 23, 24 AND 25. BLOCK ONE SUBDIVISION FROM R3 TO RESIDENTIAL. MULTIFAMILY OFFICE ZONING DESIGNATION TO COMMERCIAL PLANNED UNIT DEVELOPMENT DESIGNATION AND ADDING BARBERSHOP, BEAUTY SALONS AND SPECIALTY SALONS AS ALLOWABLE. USES. PROVIDING FOR CONFLICT. PROVIDING FOR SEVERABILITY. PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. AND I WANTED TO POINT OUT THAT THIS IS THE FIRST READING, SO THE STAFF WILL BE LOOKING FOR A MOTION TO TRANSMIT IT TO THE SECOND READING, WHICH WE'LL HAVE AT THE NEXT MEETING, HOPEFULLY.

AND THIS IS A QUASI JUDICIAL HEARING, AND I SEE THE MAYOR'S ALREADY GOT THE YELLOW CARD OUT.

RECOMMEND THAT YOU FOLLOW ALONG WITH THAT. I ALWAYS LIKE TO DO A LITTLE SPIEL ABOUT A QUASI JUDICIAL. SO IN A QUASI JUDICIAL HEARING, THE CITY COMMISSION STEPS OUTSIDE OF ITS LEGISLATIVE OR ADMINISTRATIVE ROLE AND INTO A JUDICIAL CAPACITY. THE CITY COMMISSION WILL BE MAKING A DETERMINATION BY APPLYING EXISTING LAWS, ORDINANCES AND REGULATIONS TO THE FACTS PRESENTED TO THE BOARD. EVERYTHING NEEDS TO BE OFFICIALLY ENTERED INTO THE RECORD AND TESTIMONY NEEDS TO BE UNDER OATH. THE COMMISSIONERS ARE ALSO REQUIRED TO DISCLOSE ANY EX-PARTE COMMUNICATIONS THAT OCCURRED PRIOR TO THIS HEARING. SO WE'LL ALL POTENTIAL WITNESSES FOR THE APPLICANT AND CITY STAFF, PLEASE STAND AND RAISE YOUR RIGHT HAND AND BE SWORN IN ON THIS FIRST OR THIS AGENDA. ITEM NUMBER THREE. DOCTOR BENEDETTI, ARE YOU GOING TO BE TESTIFYING? YOU AFFIRM THAT THE TESTIMONY THAT YOU ARE ABOUT TO PROVIDE IN THIS HEARING WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YEAH. ALRIGHT. DO THE COMMISSIONERS HAVE ANY EX PARTE COMMUNICATIONS TO DISCLOSE? I HAVE NONE, I HAVE NOT, OKAY. I HAVE SPOKEN WITH THE APPLICANTS, I'VE SPOKEN WITH JODY AND I'VE SPOKEN WITH ROZ, THE INTERIM CITY MANAGER, IN REGARDS TO THIS APPLICATION AND WITH THE DEVELOPMENT DEPARTMENT. YOU HAVE ANY EX PARTE DE EX PARTE DE. I HAVE NONE. AND I'M HERE WITH AN OPEN MIND, I HAVE NONE, AND I'M HERE WITH AN OPEN MIND. JODY, WILL YOU PLEASE PROVIDE A BRIEF SUMMARY OF THE AGENDA ITEM, INCLUDING THE LOCATION, SIZE OF THE PROPERTY, CURRENT ZONING, ZONING REQUESTED, AND LIST THE APPLICANT'S REQUEST TO DEVIATE FROM THE LAND USE DEVELOPMENT REGULATIONS. YES. GOOD EVENING, MAYOR AND CITY COMMISSION. FOR THE RECORD, MY NAME IS JODY COOGLER, THE DEVELOPMENT DIRECTOR FOR THE CITY OF STUART. TONIGHT I'M PRESENTING AGENDA ITEM NUMBER THREE. THE APPLICANT, OSCEOLA STREET HOLDINGS LLC, IS REQUESTING APPROVAL OF A REZONING FROM THE EXISTING R3 OFFICE MULTIFAMILY OFFICE TO A COMMERCIAL PLANNED UNIT DEVELOPMENT TO ADD BARBERSHOPS, BEAUTY SALONS AND SPECIALTY SALONS AS THE ALLOWABLE USE. USES. LOCATED AT 400 SOUTHEAST OSCEOLA STREET, THE PROPERTY IS ALSO LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA SPECIAL DISTRICT. PURSUANT TO

[01:10:03]

THE POINT, FOUR FIVE ACRES OUTLINED IN RED, IS LOCATED AT 400 OSCEOLA STREET AND IS SITUATED AT THE SOUTHEAST CORNER OF OSCEOLA STREET AND GEORGIA AVENUE. THE PROPERTY IS CURRENTLY ZONED AS A RESIDENTIAL MULTIFAMILY OFFICE, AND THE FUTURE LAND USE IS OFFICE RESIDENTIAL. THESE ARE THE PROPOSED ALLOWABLE USES THAT THE APPLICANT IS REQUESTING. THESE ARE THE DEFINITIONS OUT OF OUR CODE OF ORDINANCE REGARDING BARBERSHOPS, BEAUTY SALON AND SPECIALTY SALON. IN YOUR R-3 ZONING DISTRICT. LAND USES. THE NON-COMPATIBLE FUTURE LAND USES ARE NEIGHBORHOOD, SPECIAL DISTRICT. LOW DENSITY RESIDENTIAL, COMMERCIAL, INDUSTRIAL, MARINE, AND PUBLIC IN YOUR ZONING DISTRICT. THESE ARE THE ALLOWABLE USES. THE ONES THAT ARE HIGHLIGHTED IN YELLOW ARE THROUGH A CONDITIONAL USE. THE ALSO AND THE R-3 MULTIFAMILY ZONING DISTRICT. THE SETBACKS. THE APPLICANT DOES MEET THE CURRENT SETBACKS OUTLINED IN RED. AND THE SITE HAS AN EXISTING 4100 SQUARE FOOT, ONE STORY BUILDING, AND THE APPLICANT IS NOT PROPOSING ANY NEW STRUCTURES OR ADDITIONS. THE PARKING IS EXISTING WELL ADEQUATELY SUPPORT THE PROPOSED USES. THE CITY'S TRAFFIC CONSULTANT, KIMLEY-HORN, HAS REVIEWED THE TRAFFIC STATEMENT PREPARED BY THE TRAFFIC AND MOBILITY CONSULTANTS FROM ITS EXISTING R-3 MULTIFAMILY R-3 ZONING DESIGNATION TO A COMMERCIAL PLANNED UNIT. DEVELOPMENT IS ANTICIPATED THAT THE PROPOSED TRIP GENERATION POTENTIAL FOR THE ZONING DISTRICT IS AS FOLLOWS 68 DAILY TRIPS AND 14 AT PEAK HOURS, AND FOUR ENTERING I'M SORRY, TEN ENTERING AND FOUR EXITING AND THE EXISTING TRIP POTENTIAL FOR THE R-3 DESIGNATION AS FOLLOWS 110 DAILY TRIPS EIGHT. TOTAL EIGHT TWO ENTERING SIX EXITING AM PEAK TIMES AND 1010 TOTAL SEVEN. PEAK TIME AT SORRY AT PMT TIME SEVEN. ENTERING IN THREE. EXITING THE PROPOSED COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING DESIGNATION SHOWS A MINIMUM INCREASE IN PEAK HOUR TRAFFIC GENERATION COMPARED TO THE EXISTING R-3 ZONING DESIGNATION. AS PART OF THE PM. AS PART OF THE PLAN DEVELOPMENT REQUIREMENTS, THE APPLICANT IS PROPOSING TO INSTALL LANDSCAPING, WHICH IS THREE SEA GRAPES, ONE SOUTHERN LIVE OAK AND THREE SABAL PALMS. HE WILL ALSO BRING UP THE HEDGE MATERIAL, WHICH WILL CONSIST OF RED TIP, COCO PALMS, SMALL LEAF, CLUSIA CROTONS AND RED AUREUS.

ON FEBRUARY 3RD, 2026, THE COMMUNITY REDEVELOPMENT BOARD HELD A PUBLIC HEARING AND VOTED UNANIMOUSLY TO FORWARD A RECOMMENDATION OF APPROVAL TO THE TO THE CITY COMMISSION, SUBJECT TO THE CONDITIONS OUTLINED IN ORDINANCE NUMBER 2549. DASH 2026. STAFF HAS REVIEWED THE PROPOSED PETITION FOR THE REZONE TO COMMERCIAL PLANNED UNIT DEVELOPMENT AND IS DETERMINED THEY HAVE CONFORMED TO THE STANDARDS OF REVIEW OUTLINED IN THE LAND DEVELOPMENT CODE AND IS CONSISTENT WITH THE COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES. STAFF REQUESTS. THE CITY COMMISSION TRANSMIT ORDINANCE. ORDINANCE NUMBER 2449-20262 SECOND READING, WHICH WILL BE THE ADOPTION HEARING. AND THAT CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS IN THE AUDIENCE. AND AND IF YOU HAVE ANY QUESTIONS, WE'RE HAPPY TO ANSWER THEM. MR. BENEDETTI, DID YOU WANT TO OFFER ANYTHING? THIS IS YOUR TIME. GOOD EVENING, MICHAEL BENEDETTI SIX PERIWINKLE CIRCLE AND STUART.

SO I WAS I WAS HERE PROBABLY A LITTLE OVER A YEAR AGO. AND JUST TO REFRESH EVERYONE'S MEMORY GOING THROUGH THE CPWD HERE AND LIKE JODY SAID, IT'S TO TAKE MY EXISTING BUSINESS, MY EXISTING BUILDING, NOT ADD ANY STRUCTURES, ANYTHING TO IT. JUST ALLOW SALON SERVICES, BARBERSHOPS AND SPECIALTY SALON SERVICES TO OPERATE AS A PERMITTED USE IN THE BUILDING.

AND IT PRETTY MUCH CONFORMS WITH WHAT'S AROUND. RIGHT ACROSS THE STREET IS A SALON RIGHT THERE. SO I'M NOT INTRODUCING ANYTHING NEW TO THE AREA THAT YOU KNOW, IS FOREIGN.

[01:15:06]

I DON'T REALLY HAVE ANY QUESTIONS FOR YOU. I JUST KNOW THAT IT HAS BEEN A LONG ROAD.

YOU'D BEEN ADVISED DIFFERENT WAYS. DEVELOPMENT DEPARTMENT ADVISED YOU A ROUTE TO TAKE, WHICH SUPPOSEDLY WOULD HAVE BEEN A QUICKER. BUT AT THE TIME YOU WERE ADVISED BY THE PREVIOUS. CITY MANAGER TO GO THIS ROUTE, WHICH WAS SUPPOSED TO BE A QUICK AND EASY ROUTE FOR YOU, WHICH IS NOW TURNED INTO ALMOST A YEAR AND A HALF. CORRECT? YES. SO WITH THAT, ARE THERE ANY OTHER QUESTIONS FROM COMMISSIONERS? JODY, FOR CLARIFICATION, IF IF THIS HYPOTHETICALLY DOES PASS AND THE APPLICANT GETS A BUSINESS TAX RECEIPT, IF THAT BUSINESS CLOSED FOR SIX MONTHS, I BELIEVE IT IS, IT WOULD REVERT BACK TO THE R-3 ZONING THEN. OR WOULD THE PUD STILL BE CURRENT VICE MAYOR REED, THAT THE ZONING RUNS WITH THE LAND, NOT WITH THE APPLICANT OR A BUSINESS? SO THE PUD WOULD STAY WITH THE APPLICANT. IT WOULD STAY WITH THE LAND, WITH THE LAND, IT RUNS, WITH THE LAND. SO IF YOU IF IF, FOR EXAMPLE, HE HAS A SPECIALTY SALON AND THEY'RE CLOSED FOR 180 DAYS, IT DOESN'T GO INTO A NON-CONFORMING STATUS. IT IT WILL BE ABLE TO OPEN UP ANOTHER SPECIALTY SALON. THAT IS WHAT THE PD IS ALLOWING HIM TO DO. OKAY. ANY OTHER. OKAY. I'D LIKE TO MAKE A MOTION THAT NUMBER ONE, WE MOVE IT TO THE SECOND READING. BUT IN THE INTERIM, I'D LIKE TO ASK THE THE INTERIM CITY MANAGER TO MEET WITH STAFF TO DISCUSS REIMBURSEMENT OF A PORTION OF THE FEES. ACTUALLY HANG TIGHT. FORGIVE ME. YEAH. LET'S WE'RE A LITTLE BIT OFF. OH, I DON'T HAVE I KNOW I DON'T HAVE ONE. SO IF YOU DON'T HAVE ANYTHING ELSE TO OFFER. ALL RIGHT THEN THE PRESENTATION OF EVIDENCE HAS ENDED. THE HEARING IS CLOSED. DOES ANY MEMBER OF THE PUBLIC WISH TO MAKE A COMMENT? YES, I DO HAVE A PUBLIC COMMENT. PAIGE BENEDETTI OKAY, OKAY. THIS IS YOUR MOMENT.

[01:20:09]

THE IDEA IS TO HAVE FOUR PEOPLE HAVE SEPARATE SMALL BUSINESSES, WHICH WOULD BE ADEQUATE SPACE FROM CONFORMS TO EVERYTHING WITH PARKING AND EVERYTHING ELSE. BUT THAT'S OUR IDEA IS NOT TO GROW INTO SOMETHING BIG OR TO MAKE THIS, YOU KNOW, BUT IT'S JUST BEEN A YEAR AND A HALF LONG PROCESS. AND THERE'S ANOTHER PERSON THAT WANTS TO COME IN WITH US THAT'S FROM EAST STUART AREA, GREW UP IN EAST STUART, WANTS TO BRING IN LIKE AN OUTREACH PROGRAM FROM THE KIDS OF EAST STUART. SO WHAT WE WANT TO DO REALLY IS A POSITIVE THING. SO IF THERE ARE QUESTIONS LIKE WE ARE HAPPY TO TO ANSWER THEM. AND IF YOU'RE CONCERNS ABOUT OR ANYTHING, THAT'S IT. THANK YOU. NO I DON'T HAVE ANYTHING BUT BUT BASICALLY AND THIS IS FOR THE PUBLIC AS WELL. SO THEY'RE AWARE THE REASON THAT THEY'RE DOING A PUD. IF THEY WOULD HAVE CHANGED IT STRAIGHT ZONING, THAT WOULD HAVE OPENED UP THIS PARCEL TO MUCH MORE THINGS THAN JUST THIS. SO IT'S A GIVE AND TAKE FOR THE APPLICANT AS WELL AS THE RESIDENTS AND THE CITY.

FOR EXAMPLE, IF WE GO OFF OF WHAT JODY SAID WITH B2, YOU COULD DO AN AUTOMOTIVE SHOP RIGHT THERE ON OSCEOLA. SO THERE ARE A LOT MORE USAGES THAT YOU COULD DO. YES, IT'S A PAIN ON THE APPLICANT AND I FEEL YOU ON THAT FOR WHAT YOU HAD TO SPEND FOR IT. AND THAT'S WHERE THE GIVE AND TAKE COMES BETWEEN THE APPLICANT AND THE RESIDENTS THAT LIVE HERE. SO THANK YOU FOR DOING THAT. AND, YOU KNOW, THANKS, MARY. ARE THERE OTHER I HAVE NO FURTHER PUBLIC COMMENT. ALL RIGHT. OKAY. SO LET'S THE PARTIES SHALL BE PROVIDED WITH EQUAL TIME. OKAY.

SO LET DO WE HAVE A MOTION. NOW WOULD BE YOUR MOMENT OKAY. IT'S MY MOMENT NOW. THANK YOU. OKAY I'D LIKE TO MAKE A MOTION TO MOVE 2549 2026 TO THE SECOND READING. BUT IN THAT I'D ALSO LIKE TO ASK. AND BEFORE I ASK, I SHOULD EXPLAIN. WE'RE SUPPOSED TO BE HELPING SMALL BUSINESSES IN OUR COMMUNITY, AND I THINK IN THIS CASE WE MADE IT EXTREMELY DIFFICULT.

AND I UNDERSTAND THE VICE MAYOR'S COMMENT ABOUT OPENING IT UP TO OTHER ITEMS. BUT THIS BECAME SO DELAYED AND SO COSTLY, I WANTED TO ASK THE INTERIM CITY MANAGER TO MEET WITH STAFF TO DISCUSS A REIMBURSEMENT OF PORTION OF FEES THAT WERE PAID BY THE APPLICANT FOR THIS PROJECT. NOT ALL THE FEES, BUT JUST A PORTION, BECAUSE I THINK THAT HAD THEY GONE THE OTHER ROUTE, IT WOULD HAVE BEEN LESS COSTLY FOR THEM. YEAH, I MEAN, I, I HEAR YOU AND I WOULD LOVE TO I WOULD LOVE TO SECOND YOUR MOTION. BUT, YOU KNOW, WE WENT THROUGH THIS WITH THE SEACOAST.

WE HAVE ALL OF THE CONDITIONAL USES THAT HAVE BEEN ADDED TO THE NOW COMPREHENSIVE PLAN THAT WE'RE WORKING WITH FOR THE CREEK DISTRICT AND FOR THE EAST DISTRICT, AND PEOPLE HAVE TO GO THROUGH IT. AND WHERE ARE WE GOING TO DRAW THE LINE AND SAY THAT THIS PERSON GETS A LITTLE BIT OF REIMBURSEMENT? THAT PERSON DOESN'T GET A GET THIS REIMBURSEMENT. WE TALKED ABOUT THIS WHEN WE WERE TRYING TO GET THE FORM BASED CODE AND TRYING TO GET WHAT IS FLAT ZONING, OR WHAT WAS THE OTHER NAME THAT WAS USED STRAIGHT ZONING, STRAIGHT ZONING. AND AND SO THAT'S WHERE THE CODE IS. THAT'S WHERE EVERYBODY HAS TO GO THROUGH THAT EVALUATION PROCESS. AND THAT'S WHAT WE VOTED FOR. AND I KNOW AND I HEAR I REMEMBER MR. BENEDETTI BEING HERE, BUT THERE'S GOING TO BE SEVERAL OTHER PEOPLE COMING IN AND SAY, WELL, THIS WAS MADE A CONDITIONAL USE WHEN IT WAS NORMALLY A STRAIGHT USE AND WE COULD HAVE DONE THIS, BUT FOR THE FACT THAT THE ZONING CODE WAS CHANGED AT SUCH AND SUCH A TIME, I JUST I THINK WE'RE REALLY GETTING OURSELVES INTO SOMETHING THAT WE, WE SHOULDN'T GET INTO. AND I MEAN, LIKE, I, I DON'T I AGREE WITH WITH WHAT STAFF IS RECOMMENDING, BUT I DO NOT WANT TO ADD ANY REIMBURSEMENT AND NOT NOT EVEN KNOWING WHAT COULD POTENTIALLY BE REIMBURSED BECAUSE WE HAVE A SECOND READING COMING UP. SO BUT THE MOTION IS NOT TO DO THE REIMBURSEMENT. IT'S TO LOOK AT WHAT IT WOULD BE. THAT'S CAN I HEAR WHAT THE DISCUSSION IS ABOUT? PLEASE COMMENT. YES. MY COMMENT WOULD BE IS I UNDERSTAND WHERE YOU'RE COMING FROM, COMMISSIONER JOB.

[01:25:02]

MOTION AND A SECOND OKAY. SO. DID YOU HAVE ANOTHER COMMENT. NO SIR. GOOD TO GO. I CAN NEVER TELL. MY LIGHT LOOK LIKE YOU'RE OFF. PUBLIC COMMENT ON THE MOTION. OKAY. WE DO NOT COMMENT ON THE MOTION. IS THERE ANY PUBLIC COMMENT ON THE MOTION? SEEING NONE. THERE'S NO OTHER DELIBERATION. OKAY. SO, MARY, WOULD YOU CALL THE ROLL VICE MAYOR REED? YES, MAYOR COLLINS, WE LEAVE HIM OUT. HE ABSTAIN. ABSTAIN? OH. I'M SORRY, I'M SORRY, COMMISSIONER. CLERK. YES, COMMISSIONER. YES, COMMISSIONER. RICH. YES. THANK YOU. OKAY. TWO ITEMS, TWO WEEKS. MOVING ON TO

[4. AVONLEA COMMERCIAL CORNERS EAST MAJOR AMENDMENT TO THE NEW AVONLEA PUD FOR PARCEL D (LOT 11) ORDINANCE No. 2550-2026; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, PROVIDING FOR THE THIRD AMENDMENT OF THE “NEW AVONLEA PLANNED UNIT DEVELOPMENT” CONSISTING OF 12.40 ACRES ZONED RESIDENTIAL PLANNED UNIT DEVELOPMENT, 16.24 ACRES ZONED COMMERCIAL PLANNED UNIT DEVELOPMENT, AND 20.4 ACRES OF WETLAND/UPLAND PRESERVE ZONED RESIDENTIAL PLANNED UNIT DEVELOPMENT, BEING GENERALLY LOCATED BETWEEN NE DIXIE HIGHWAY TO THE SOUTH, LAND ON BOTH SIDES OF GREEN RIVER PARKWAY ON THE WEST,LAND ON BOTH SIDES OF CARDINAL AVENUE ON THE EAST AND THE CITY BOUNDARY TO THE NORTH, FOR PROPERTY LEGALLY DESCRIBED BY EXHIBIT “A” ATTACHED; AMENDING THE COMMERCIAL PLANNED UNIT DEVELOPMENT TO PROVIDE FOR THE APPROVAL OF THE MASTER PARCEL SITE PLAN FOR THE AVONLEA COMMERCIAL EAST PARCEL D (LOT 11) TO BE IDENTIFIED AS AVONLEA COMMERCIAL CORNERS EAST; PROVIDING FOR THE APPROVAL OF THE MASTER SITE OFF-SITE INFRASTRUCTURE PLAN FOR THE ENTIRE PLANNED UNIT DEVELOPMENT; PROVIDING FOR REVISED AND NEW DEVELOPMENT CONDITIONS APPROVAL FOR PARCEL D (LOT 11); PROVIDING FOR AMENDED AND NEW TIMETABLES FOR DEVELOPMENT; DECLARING THE PLAN TO BE CONSISTENT WITH THE CITY’S COMPREHENSIVE PLAN; PROVIDING DIRECTIONS TO THE CITY CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.]

[01:30:05]

CORRECT? IT IS. IT IS. I GUESS I DIDN'T SEE THAT ON THE ON THE ITEM. OKAY. SO THEN WE'RE BACK TO THE YELLOW SHEET. DO THE COMMISSIONERS HAVE ANY EX PARTE COMMUNICATIONS TO DISCLOSE? I HAVE NONE REGARDING THIS ISSUE. I HAVE NONE REGARDING THIS ISSUE. I HAVE NO RECENT COMMUNICATION. I'M HERE WITH AN OPEN MIND. I'VE SPOKEN THE APPLICANT MULTIPLE TIMES ABOUT THIS. I WOULD SAY RIGHT. YEAH. I SPOKE TO MY CRB REPRESENTATIVE ABOUT IT. THAT WAS IT. OKAY. SO. YOU'VE PLACED THEM UNDER OATH. GOOD TO GO. OKAY, JODY, WILL YOU PLEASE PROVIDE A BRIEF SUMMARY OF THE AGENDA ITEM, INCLUDING THE LOCATION, SIZE OF THE PROPERTY, CURRENT ZONING, ZONING REQUESTED, AND LIST THE APPLICANT'S REQUEST TO DEVIATE FROM THE LAND USE DEVELOPMENT REGULATIONS. YES, SIR. GOOD EVENING AGAIN, MAYOR AND CITY COMMISSION. FOR THE RECORD, MY NAME IS JODY COOGLER AND DEVELOPMENT DIRECTOR FOR THE CITY OF STUART. TONIGHT I'LL PRESENT THE AGENDA ITEM NUMBER FOUR. THE APPLICANT, AVONLEA COMMERCIAL CORNERS, LLC, IS REQUESTING APPROVAL FOR A MAJOR AMENDMENT TO THE NEW AVONLEA PUD FOR PARCEL D, KNOWN AS LOT 11. THIS IS ONE OF THE FINAL FIVE UNDEVELOPED PARCELS WITHIN THE NEW AVONLEA PD AND IS TO BE DEVELOPED. THE PROPERTY IS ALSO LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA SPECIAL DISTRICT. PURSUANT TO THE LAND DEVELOPMENT CODE PUBLIC NOTICE REQUIREMENTS, THE APPLICANT MAILED NOTICES TO ALL ADJACENT PROPERTY OWNERS WITHIN 300FT OF THE SUBJECT PARCEL TO PROVIDE DETAILS OF REQUESTED DEVELOPMENT AND A DATE AND TIME OF TONIGHT'S PUBLIC HEARING. AND ADDITIONALLY, ONE SIGN WAS POSTED ON THE PROPERTY WITH THE SAME INFORMATION. THE VACANT PROPERTY PROPERTY IS LOCATED AT THE CORNER OF NORTHEAST DIXIE HIGHWAY AND CARDINAL AVENUE. THE PROPERTY CURRENTLY IS IS ZONED COMMERCIAL PLANNED UNIT DEVELOPMENT AND THE FUTURE LAND USE IS NEIGHBORHOOD SPECIAL DISTRICT. IN 20. IN 2015, THE NEW AVONLEA PUD WAS ADOPTED BY THE CITY OF STUART COMMISSION. THE PLANNED DEVELOPMENT SPECIFIES THAT EACH SITE PLAN FOR THE INDIVIDUAL PARCELS WITHIN THE DEVELOPMENT CONSTITUTES A MAJOR AMENDMENT TO THE NEW AVONLEA PUD, AS A 2015 APPROVAL ESTABLISHED OVERALL DENSITIES INTENSITIES, BUT DID NOT INCLUDE APPROVAL OF SITE PLANS FOR THE INDIVIDUAL PARCELS. THE PROPERTY. THE PROPOSED MAJOR AMENDMENT DOES NOT INCREASE. THE PREVIOUSLY APPROVED DENSITY OR INTENSITY REMAINS CONSISTENT WITH THE OVERALL MASTER PLAN APPROVED IN 2015. THE 0.9 ACRE DEVELOPMENT AREA WAS ESTABLISHED AS DESIGNATED DEVELOPMENT AREA UNDER THE MASTER PARCEL PUD PLAN, AND MUST BE CONSIDERED IN CONJUNCTION WITH THE MORE THAN 20 ACRES OF PRESERVE AREA THAT HAS BEEN ESTABLISHED, RESTORED AND PERMANENTLY PROTECTED AS PART OF THE PLANNED DEVELOPMENT, IT IS IMPORTANT TO NOTE THAT THE DEVELOPMENT ACREAGE IS CALCULATED NET OF WETLAND SETBACKS. AS MENTIONED IN THE CONSERVATION EASEMENT WITH SOUTHPORT SOUTH FLORIDA WATER MANAGEMENT DISTRICT, THE NEW EMILY PD PLAT AND THE LAND USE AMENDMENT DESIGNATING THE PRESERVE AREAS AND ASSOCIATED SETBACKS AS CONSERVATION.

ACCORDING TO THE MASTER PARCEL PLAN, LOT 11 WAS APPROVED FOR UP TO 15,000FT■!S OF COMMERCIAL DEVELOPMENT. THE APPLICANT IS PROPOSING A 6827FT■!S, REQUESTIG A REDUCTION OF AN 8173 SQUARE FOOT FROM THE ORIGINAL APPROVED ENTITLEMENT. THE SITE PLAN PROPOSES THE CONSTRUCTION OF A COMMERCIAL BUILDING ON THE 0.9 PARCEL. THE PROPOSED ONE STORY STRUCTURE IS DESIGNATED TO ACCOMMODATE A MIX OF USES INCLUDING RETAIL, OFFICE, MEDICAL, RESTAURANT AND PERSONAL SERVICE ESTABLISHMENTS. THE APPLICANT HAS PROVIDED THE REQUIRED 35 PARKING SPACES, INCLUDING ONE ADA COMPLIANT SPACE CONSISTENT WITH THE PARKING REQUIREMENTS FOR THE PROPOSED OFFICE. RETAIL, MEDICAL AND PERSONAL SERVICE USES. THE PLAN DEVELOPMENT REQUIRES A MINIMUM OF 25% OPEN SPACE, AND THE APPLICANT HAS MET AND EXCEEDS THE REQUIREMENT BY PROPOSING 50% OPEN SPACE. ACCESS TO THE SITE WILL BE FROM CARDINAL AVENUE. DRIVEWAY ONE IS PROPOSED AS A RIGHT IN ONLY ACCESS, AND DRIVEWAY TWO IS PROPOSED AS A RIGHT IN RIGHT,

[01:35:02]

AWESOME. ALL RIGHT. SO AS WE MENTIONED WE'RE JUST TALKING ABOUT LOT 11 TONIGHT. WE HAD A GREAT PROJECT TEAM WORKING ON THE PROJECT WITH DECADES OF EXPERIENCE IN ALL ASPECTS OF THE PROJECT. SO WE ARE PROPOSING TO CONSTRUCT JUST LESS THAN 7000 SQUARE FOOT

[01:40:05]

AND THEN IN 2016, WE RECORDED A PLAT. AND WHAT THAT PLAT ALLOWED WAS THE WETLAND AND CONSERVATION AREAS TO TO TRULY FALL INTO AN OWNERSHIP THAT WAS CONSERVATION IN NATURE, FELL UNDER THE PROPERTY OWNER'S ASSOCIATION OWNERSHIP. SO THIS IS THE PLAN THAT WAS APPROVED IN 2005. IT'S, YOU KNOW, KIND OF CUT UP DIFFERENTLY. AND, YOU KNOW, A LITTLE BIT ALL OVER THE PLACE. BUT THAT'S WHERE THOSE DENSITIES CAME FROM. IN 2005, THE AVONLEA COMMERCE CENTER CONDOMINIUM IS 23,700FT■!S. THERE'S FIVE LIVE WORK UNITS. AVONLEA. PARCEL ONE WAS APPROVED FOR 9381FT■!S, WHICH WS 10,000FT■!S LESS THAN THE THE TE BUBBLE PLAN. WE DEVELOPED AVONLEA PARCEL TWO WITH 30 TOWNHOMES. WE DEVELOPED PARCELS THREE THROUGH NINE ARE KIND OF LIKE INDIVIDUAL LOTS. THERE'S SCP CONSTRUCTIONS BUILDING ON LOT THREE. THERE HASN'T BEEN ANY OTHER DEVELOPMENT ON ANY OF THOSE LOTS. IT'S A 2800 SQUARE FOOT WAREHOUSE THAT'S BEING BUILT ON THAT RIGHT NOW. PARCEL TEN WAS PROPOSED FOR 80 APARTMENTS, AND THAT'S MR. REED.

COMMISSIONER REED, THAT'S WHAT YOU SAW IN THE IN THE THE ILLUSTRATION THERE THAT THAT I THINK JODY SHOWED. BUT THAT THAT APPLICATION HAS SINCE BEEN WITHDRAWN. PARCEL 11 IS BEFORE YOU TODAY. AVONLEA LOT 12 WAS DEVELOPED WITH 32 TOWNHOMES ALONGSIDE PARCEL TWO. THOSE YOU KNOW, TOWNHOMES CAME OUT REALLY NICE IN MY OPINION. AND THEY SEEM TO HAVE, YOU KNOW, SOLD WELL. AND YOU KNOW, THEY'RE THEY'RE OCCUPIED AND NOT A DETRIMENT TO SOCIETY IN MY

[01:45:01]

AND IT FALLS WITHIN THE APPROVED ZONING FOR THE SITE AND WHAT'S ALLOWED WITHIN THAT PUD. THE COMMERCIAL PUD PORTION. SO LOOKING AT THE SITE PLAN AGAIN, GOING OVER SOME OF THE NUMBERS, WE'RE A LITTLE BIT LESS THAN AN ACRE. THE TOTAL SQUARE FOOTAGE OF THE BUILDING IS LESS THAN 18% OF THE SITE. IT IS ONE STORY, AND WE HAVE ALMOST HALF AN ACRE OF OPEN SPACE, WHICH IS ABOUT 50% OF THE TOTAL SITE. AND THE GREEN SPACE MAKES UP ABOUT 40% OF THE SITE. SO JUST THE CONFIGURATION OF THE SITE, AGAIN, WE'RE MEETING ALL LAND DEVELOPMENT REGULATIONS, SETBACKS, FAR IN EXCESS AND LANDSCAPING AND LOT COVERAGE. SO REALLY A NICE FIT FOR THE AREA AND A REALLY WELL DESIGNED SITE PLAN FROM AN ACCESS PERSPECTIVE. WE DO HAVE ONE WAY DRIVE, AN ENTRANCE AND AN EXIT PROVIDES A NICE FLOW OF TRAFFIC AND CIRCULATION, AS WELL AS PERIMETER SIDEWALK, WHICH WOULD BE BUILT AS PART OF THE DEVELOPMENT OF THE SITE.

FROM A TRAFFIC PERSPECTIVE, AS WE TALKED ABOUT, IT'S MUCH LESS INTENSE THAN THE MASTER PLAN APPROVED. SO THERE IS NO CONCERN IN TERMS OF THE TRAFFIC GENERATION OF THE SITE, AND IT MEETS ALL APPLICABLE STANDARDS FOR THE INTERSECTION AS WELL AS FOR THE PD ITSELF. IN TERMS OF PARKING, WE ARE PROVIDING THE REQUIRED PARKING FOR WHAT WE'RE PROPOSING, AND THERE IS A MIXTURE OF USES RETAIL, OFFICE AND RESTAURANT AS POTENTIAL USES FOR THE SITE. HOW WE'VE DESIGNED IT IN TERMS OF SOME OF THE ORIENTATION, WE ARE PROPOSING A KIND OF A PAVILION FEATURE ON THAT CORNER AS A STATEMENT FOR THE INTERSECTION. IT'S A REALLY NICE DESIGN, ARCHITECTURAL ENHANCEMENT AND AS WELL AS CO-LOCATE CO-LOCATED WITH OUR POTENTIAL ART LOCATION.

WE HAVEN'T SUBMITTED AN APPLICATION FOR THAT YET, BUT WE HAVE DESIGNED THE SITE TO HAVE THAT ART AT THE INTERSECTION, AS WELL AS THE MURALS FACING THAT PORTION OF THE INTERSECTION AS WELL. AS WE MENTIONED, FROM A LANDSCAPE PERSPECTIVE, IT'S FAR IN EXCESS OF WHAT'S REQUIRED. A SUBSTANTIAL NATIVE, PRIMARILY NATIVE TREES FROM PINE TREES, THE OAK TREES, GUMBO LIMBO. THERE'S A SUBSTANTIAL AMOUNT OF LANDSCAPE PROPOSED ON THE SITE, WHICH IS GOING TO MAKE IT A VERY NICE DEVELOPMENT. AND THEN JUST SOME RENDERINGS OF HOW WE ENVISION THE MURALS. AGAIN, WE HAVEN'T PUT THIS OUT TO AN ARTIST, SO IT'S NOT EXACTLY WHAT THE MURAL IS GOING TO BE, BUT THE LOCATION THERE AT THE CORNER AND ANOTHER ANGLE. SO YOU CAN SEE HOW WE ENVISION THAT COMING TO LIGHT. SO WE'RE VERY PROUD OF THIS DEVELOPMENT.

I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE. THANK YOU VERY MUCH FOR YOUR TIME.

[01:50:01]

OKAY. JODY, THE READING IT MENTIONED THAT WE'RE EXTENDING OR A DATE. DID I MISS DID I NOT HEAR THAT CORRECTLY? WE WERE EXTENDING A DATE ON THE EITHER THIS PUD OR THE MASTER. SO THE MASTER PLAN THAT WAS APPROVED IN 2015, THE BUBBLE PLAN HAS TIMETABLE DATES AND THEY MOVE ALONG AS EACH DEVELOPMENT COMES THROUGH. WE MOVE THAT TIMEFRAME THROUGH. AND THIS PARTICULAR CASE, WE GAVE JUST A STRAIGHT FIVE YEARS. OKAY. SO BUT THIS EXTENSION OF A DATE WOULD ONLY BE FOR PARCEL TEN, FOR PARCEL 11 111, PARCEL 1111. THANK YOU FOR JODY AND FOR THE. CITY ATTORNEY. IT'S JUST A COUPLE OF THINGS. I DON'T KNOW IF THE THE THE LANGUAGE THAT YOU GAVE US WAS THE SAME THING THAT YOU SENT TO THE CRB BOARD, BUT IT A LITTLE BIT NEEDS TO BE UPDATED.

THAT'S NUMBER ONE. AND NUMBER ONE, I, I LIKE AND I THINK I'VE ASKED FOR THIS BEFORE. IF WE HAVE A LPA, I KNOW THAT WE CAN LOOK IT UP OURSELVES. BUT IF WE HAVE AN LPA MEETING MINUTES OR A CRB, IF WE DON'T GET THE ENTIRE REPORT, AT LEAST IF WE CAN SAY WHAT HAPPENED AT THE CRB AND THE OR THE LPA, THAT'S NUMBER ONE. NUMBER TWO, WE GO BACK AND FORTH IN THE REPORT AND IN CONVERSATION MENTIONING A MAJOR PUD AMENDMENT. BUT MR. CITY ATTORNEY, I THOUGHT THAT WE ALWAYS HAD A PLACE IN THE TOP OF THE ORDINANCE IN THE TITLE TO ACTUALLY ADD THE WORD MAJOR OR MINOR, AND I DON'T SEE IT ANYWHERE IN THE TITLE. SO I'D WANT TO MAKE SURE THAT WE HAVE SOMETHING SOMEWHERE IN THE TITLE, MAYBE AFTER IT SAYS ZONED RESIDENTIAL PUD SOMEWHERE THAT IT SAYS MAJOR AMENDMENTS SOMEWHERE THERE. I THINK THAT'S A BIG THING THAT WE'VE ALWAYS HAD IN OUR TITLES TO THESE ORDINANCES THAT SAYS MAJOR AMENDMENT, YOUR TITLE TO THE, YOU KNOW, JUST ON THE AGENDA SAYS MAJOR AMENDMENT. I DON'T SEE THE WORD MAJOR IN THE ORDINANCE THAT WOULD BE ADOPTED. SO I'D LIKE TO SEE THAT IF WE GO FORWARD AND AND MOVE THIS FORWARD AND THEN TALKED ABOUT THE OPEN SPACE AND THE PARKING, DO YOU HAVE A LITTLE SITE PLAN THAT SHOWS THE PARKING A LITTLE? I MEAN, I KNOW WHAT WE HAVE, BUT JUST FOR THE PUBLIC TO PULL THAT UP A LITTLE BIT SO WE CAN LOOK AT IT A LITTLE BIT, JUST SEE WHERE THE ACTUAL INGRESS EGRESS IN THAT CORNER COMES RIGHT OUT OF THE. THAT'S A SIGNALIZED THERE AT CARDINAL AND DIXIE HIGHWAY. AND THEN THAT YOU CALL IT A NORTHEAST ENTRANCE THAT'S COMING RIGHT OFF OF THE SIGNAL WHERE THE YOU'D BE. IS IT A ROUNDABOUT? NO. YES, YES. SO THE THE SIGNALIZED INTERSECTION IS AT THE INTERSECTION OF DIXIE AND CARDINAL. SO THE ENTRANCE TO THE PROPERTY IS ON THE NORTH SIDE, NORTH OF THE INTERSECTION ON CARDINAL. THAT'S WHERE THE ACCESS TO THE SITE IS. OKAY. SO YOU'D MAKE LEFT TURN OR RIGHT TURN COMING IN. AND THEN THE OTHER ONE, THE THE LOWER ONE IS AN EXIT ONLY. IT'S AN EXIT ONLY ON THE YELLOW SIDE. OKAY. ALL RIGHT I SEE THAT GOING BACK THERE. THE PARKING PLAN. DO YOU HAVE THAT, PLEASE? YEAH. ARE YOU LOOKING FOR A CLOSER VIEW? YEAH. SHOW THE PARKING ON THE SCREEN. JUST. YOU'RE JUST SAYING WHAT? OKAY, SO THERE'S 35 SPACES THERE PROVIDED IN THE PARKING, AND I, I GUESS I, I, I LOOKED AT MY THING AND I SEE THE LANDSCAPE AROUND THERE. I USED TO HAVE MORE THAN ENOUGH LANDSCAPING, BUT THE AISLE IN BETWEEN, THERE'S THE ONE WHERE THOSE PARKING SPACES ARE JUST.

YEAH, JUST I JUST I THAT'S OKAY. I MEAN, WHAT DO YOU WANT? I JUST WANTED TO SEE A LITTLE BIT MORE DETAIL. 35 SPACES ARE. HE DOESN'T HAVE ANOTHER VIEW OF THE PARKING. YEAH. NO, HE DOESN'T HAVE A DETAIL. I MEAN, WE CAN BRING UP A SITE PLAN WHERE YOU CAN GO. OKAY, I'LL LOOK IT UP IN DETAIL. YEAH, I KNOW WHAT I'M SAYING. IT WAS IT. DID I SEE WHAT WE HAVE? BUT HE DIDN'T HAVE THAT TO PUT UP THERE FOR THE PUBLIC TO SEE. OKAY. YEAH, YEAH, WE HAVE IT, WE HAVE IT. BUT I'M TALKING ABOUT HAVING IT THERE. GOT IT ON A FLASH DRIVE. IT'S OKAY.

THAT'S FINE. 50% OF THE OPEN SPACE. YEAH. MY MAJOR THING WAS. LEE, DO YOU SEE THAT? DO YOU

[01:55:04]

AND THEN THIS WILL HAVE THE EIGHT FOOT CYCLE. OKAY. IF WE'RE DOING AMENDMENTS TO THE PUD MR. TEN SIDEWALKS. SO THAT'S CAN BE. YEAH. COMMISSIONER, COULD YOU SPEAK INTO THE MICROPHONE? IT'S KIND OF HARD. YOU MIC OH, SORRY, I HAVE THANK YOU. LET ME PULL IT BACK UP. YEAH. PULL IT BACK UP. AND YOU MIGHT KNOW NICK, I KNOW LEE WAS READING IT. HOW MUCH PRESERVATION WAS THERE TOTAL FOR THIS ENTIRE MASTER SITE PLAN? THERE WAS OVER 20 ACRES, I BELIEVE. IT WAS LIKE 24 ACRES. I THINK IT HIT ABOUT 40.2% OF THE SITE THAT WENT INTO PRESERVATION. SO A LOT OF THAT WAS KIND OF STARTED BY FRANK, KIND OF MUCKED UP BY THE HIGH GROUP. AND THEN WE CAME IN AND FINISHED IT. WE STILL DO SOME MONITORING OUT THERE THAT IS, YOU KNOW, INVASIVE ERADICATION. AND THAT WAS KIND OF THE PREMISE FOR A LOT OF THIS.

FRANK HAD TOLD ME THE STORY THAT BACK BEFORE HE DID HIS HIS RESTORATION WORK, YOU COULD WALK FROM DIXIE UP TO BAKER BECAUSE THE, THE, THE INVASIVES WERE SO THICK AND IT WAS ALL, YOU KNOW, JUMBLED UP. YEAH. THIS IS ACTUALLY WHERE I THINK IT'S JENSEN JENSEN ESTATES UP THERE TO THE NORTH OF THE POP HILTON INDUSTRIAL STUFF. THIS IS WHERE THAT ALL FLOWS DOWN.

AND EVENTUALLY THESE WETLANDS ARE KIND OF THE HEADWATERS FOR THE HONEY CREEK. SO THAT RESTORATION PROJECT, YOU KNOW, KIND OF HELPS THAT WATER. IT GETS OUT INTO THE CREEK AND YOU MIGHT KNOW MORE ABOUT THIS. SO, LIKE WHEN IT COMES TO THE WETLANDS, ARE THESE EXISTING WETLANDS WHEN YOU BOUGHT THE PROPERTY? BECAUSE LIKE, FOR EXAMPLE, LIKE PARCEL TEN, I REMEMBER GROWING UP IN JENSEN, PARCEL TEN FLOODED AND I REMEMBER SEEING IT PUMPED OUT CONTINUALLY. SO LIKE, WAS THAT A WETLAND AT THE TIME? AND THEN IT GOT PUMPED OUT. SO IT'S NOT A WETLAND. WELL. SO I THINK WHAT PROBABLY WAS HAPPENING THAT'S PROBABLY BEFORE MY TIME.

I'M NOT FROM NEW YORK, I'M FROM FLORIDA. SO THE THE PART OF FRANK'S PROJECT WAS RESTORING THESE WETLANDS BECAUSE IT IS THE EVENTUAL DRAINAGE FOR JENSEN ESTATES AND PINECREST LAKES. AND SO ALL OF THAT STUFF UP THERE, THAT WATER FLOWS SOUTH THROUGH THIS PROPERTY, THE WETLANDS. FRANK ORIGINALLY DID A MITIGATION PLAN THROUGH SOUTH FLORIDA WATER MANAGEMENT AND ARMY CORPS, AND WHERE THAT KIND OF FELL SHORT OR WHERE FRANK, YOU KNOW, KIND OF LIMPED IT THROUGH, WAS TO FINISH THAT WETLAND RESTORATION. BUT BECAUSE LIKE THE AREAS ON PARCEL TEN WERE NEVER CLEARED AND FILLED IN ACCORDANCE WITH THAT MITIGATION PLAN, THOSE THOSE AREAS STILL HOUSE A BUNCH OF INVASIVES. AND IT'S KIND OF, YOU KNOW, DEGRADED WETLAND AREA.

AND SO WHEN WE ARE STILL DOING THAT INVASIVE REMOVAL BECAUSE OF THAT MATERIAL THAT'S OUT THERE, ULTIMATELY THE MITIGATION PLAN WAS FOR X NUMBER OF ACRES TO BE PRESERVED AND RESTORED, AND THEN X NUMBER OF ACRES TO BE MITIGATED AND FILLED. AND SO SOME OF THAT HAS HAPPENED AND SOME OF IT HAS NOT. THERE'S NEVER BEEN ANY WETLANDS ON PARCEL 11. THAT WAS KIND OF A CARVE OUT OF, YOU KNOW, IT WORKED AROUND THAT, YOU KNOW, WETLAND STRUCTURE, I GUESS, TO, YOU KNOW, DIGRESS AND ANSWER YOUR QUESTION. IT WAS REALLY FRANK THAT ESTABLISHED THOSE BOUNDARIES OF WHAT WAS AND WASN'T WETLAND AND WHAT WAS MITIGATED. WHAT WAS THERE EVER LIKE A NATURAL WETLAND ON THIS THING WHEN WHEN COLUMBUS ARRIVED, LIKE THE WHOLE AREA

[02:00:06]

YEAH. I MEAN THERE'S A LOT OF WATER THAT FLOWS THROUGH THERE DURING THE WET SEASON FROM ALL THOSE NEIGHBORHOODS TO THE NORTH. I MEAN, ALL OF THE WATER IN PINECREST LAKES, JENSEN, POP, TILTON, IT FLOWS, YOU KNOW, THERE'S A THERE'S A AN EASEMENT AND DRAINAGE EASEMENT FROM BACK IN THE DAY THAT ALL THOSE PROPERTIES FLOW DOWN THROUGH THIS, AND IT GOES INTO THAT WETLAND, AND THEN IT'S PIPED OVER INTO THE THE WETLAND, AND THEN IT'S PIPED UNDERNEATH GREEN RIVER PARKWAY. AND THEN IT KIND OF PIPES THROUGH PARCEL 16 TO GO INTO THE HANEY CREEK WETLAND, WHERE THE, THE, THE CATWALK AND ALL OF THAT STUFF IS OUT THERE. AND THEN IT EVENTUALLY, YOU KNOW, THE CITY DID A BIG RESTORATION PROJECT BACK THERE. I THINK JEFF KRAUSKOPF PIONEERED IT, AND IT WAS TO KIND OF CREATE THAT, YOU KNOW, THIS IS WHERE SALTWATER AND FRESHWATER MEET, KIND OF. YEAH. WE IS THAT IN THE AGENDA PACKET BY CHANCE OF ALL THAT SHEET FLOW OR WHERE WOULD I GET WITH YOU ON THAT. IT'S IN THE ENCYCLOPEDIA BRITANNICA. I'M JUST CURIOUS BECAUSE LIKE I REMEMBER, LIKE I SAID, GROWING UP IN JENSEN, LIKE EVEN NICK EVEN LIKE, WHAT ARE WE IN 2026, MAYBE 2017, 2018? I USED TO SEE PARCEL TEN GETTING PUMPED WITH TRASH PUMPS LIKE BIG TRASH PUMPS. AND I HAVEN'T SEEN IT FLOOD SINCE. YEAH, I DON'T KNOW.

I MEAN, AGAIN, IT IT FLOWS UNDERNEATH THAT ROAD THERE. AND YOU KNOW IT'S NOT I DON'T OWN PARCEL TEN, I NEVER DID. BUT IF THAT DITCH CLOGS UP OR THAT DITCH GETS, YOU KNOW, MESSED UP, THEN, THEN THAT'S KIND OF WHERE IT LANDS IS. AND I DO RECALL, LET'S SAY IN LIKE 2016 OR 17, WE DID GET A LETTER FROM THE THE PROPERTY OWNERS ASSOCIATION, GOT A LETTER FROM MARTIN COUNTY SAYING THAT IT WAS CAUSING SOME ISSUES BACK UP THE WAY, BUT I JUST HAD FRANK DEAL WITH IT BECAUSE HE WAS PARCEL TEN AT THE TIME. YEAH. SO YEAH, I MEAN, I GUESS WHEN YOU SEE, YOU KNOW, IF YOU'RE FLOODING UP NORTH OF THAT, THEN THERE'S PROBABLY A PROBLEM HERE. YEAH. BUT FOR THE MOST PART IT'S ALL BEEN DESIGNED LIKE PARCEL TEN. IF THAT DITCH DOESN'T GET CLOGGED WITH WHATEVER, THEN IT ALL JUST, YOU KNOW, SITS IN THE WETLANDS AND FLOWS SOUTH. THAT'S ALL I HAVE. DOES THE PETITIONER WISH TO OFFER ANY ADDITIONAL INFORMATION BEFORE CONCLUDING ITS PRESENTATION? ALL RIGHT THEN THE PRESENTATION OF EVIDENCE HAS ENDED AND THE HEARING IS CLOSED. DOES ANY MEMBER OF THE PUBLIC WISH TO MAKE A COMMENT? PUBLIC COMMENTS LIMITED TO THREE MINUTES. PUBLIC COMMENT EMILY LANTHIER. GOOD EVENING COMMISSIONERS. MY NAME IS EMILY LANTHIER. I'M HERE TODAY TO VOICE MY OPPOSITION TO THE PROPOSED DEVELOPMENT OF PARCEL 11. I AM A RESIDENT WHO WILL BE DIRECTLY IMPACTED BY THE DECISIONS MADE HERE TODAY. I HAVE FOUR PRIMARY CONCERNS TRAFFIC, FLOODING, ENVIRONMENTAL IMPACT AND THE OVERDEVELOPMENT OF OUR CITY. THIS PARCEL JUNCTION NEAR NORTHEAST DIXIE HIGHWAY AND GREEN RIVER PARKWAY, WHERE THE ROAD BACKS UP SIGNIFICANTLY DURING MORNING RUSH HOUR, WHICH LEAVES THE BACKUPS AT THE FOLLOWING INTERSECTIONS NORTH WEST DIXIE HIGHWAY AND NORTHWEST BRIGHT BOULEVARD. AS ANOTHER RESIDENT STATED, WHAT GOOD IS HAVING SUCH GROWTH IF THE OVERALL QUALITY OF LIFE IS IMPACTED? REMIND YOURSELF THE NEXT TIME YOU ARE IDLING IN TRAFFIC 2 OR 3 CYCLES. THIS IS ALREADY HAPPENING AT THESE INTERSECTIONS MENTIONED, IT WILL ONLY GET WORSE WITH THE NEW ADDITIONS. THIS LAND CURRENTLY SERVES AS A NATURAL DRAINAGE BASIN IN FLORIDA. WE KNOW THAT WHEN YOU PAVE OVER OUR WETLANDS, THE WATER HAS TO GO SOMEWHERE, AND SOMEWHERE ELSE IS INTO OUR YARDS AND EXISTING STREETS. I AM DEEPLY CONCERNED ABOUT THE LOSS OF PERMEABLE LAND AND THE POTENTIAL FOR INCREASED RUNOFF INTO OUR LOCAL WATERWAYS, INTO THE ADJACENT ROADS. THESE ADJACENT ROADS ALREADY EXPERIENCED FLOODING EVERY RAINING SEASON. WHP-TV IN 2023 EVEN FEATURED THAT INTERSECTION FLOODING, WITH MANY RESIDENTS SPEAKING UP ABOUT HOW FRUSTRATED THEY ARE WITH THIS.

I KNOW THERE ARE STILL SOME WETLANDS AND RESERVES NEARBY, BUT IT ALREADY HAS FLOODING

[02:05:01]

MARTIN COUNTY IS A SPECIAL IS SPECIAL BECAUSE WE HAVE HISTORICALLY RESISTED URBAN SPRAWL. HOWEVER, THIS IS THE DIRECTION WE ARE GOING DEVELOPING EVERY BIT OF GREEN SPACE WE HAVE LEFT IN THE CITY. I DO NOT THINK WE NEED ANOTHER SHOPPING PLAZA. WE HAVE A EMPTY MALL AND SO MANY VACANT BUILDINGS THAT WE CAN REPURPOSE. ADDITIONALLY, WE JUST FINISHED BUILDING THREE DIFFERENT TOWNHOME COMPLEXES. THESE HOMES HAVE NO GREEN SPACES FOR SMALL FAMILIES TO ENJOY. I THINK THIS LAND WOULD BE MUCH BETTER SUITED AS A PARK OR PLAYGROUND, SO THESE KIDS HAVE SOMEWHERE TO PLAY. LASTLY, THESE AREAS HAVE SO MANY WETLANDS ADJACENT TO IT THAT SUPPORTS ABUNDANT LIFE AND DRAINAGE DURING DEVELOPMENT. IT WILL SIGNIFICANTLY IMPACT THE NEIGHBOR. NEIGHBORING WETLANDS SUCH AS POLLUTION, RUNOFF, INCREASED TRAFFIC AND NOISE, AS WELL AS THE OBVIOUS HABITAT LOSS. THESE WOODS OR SWAMPS SUPPORT MANY BIRDS, SUCH AS 14 DIFFERENT SPECIES, INCLUDING BALD EAGLES IN THE AREA. I NOT ONLY SPEAK FOR MYSELF IN THIS MATTER, BUT MANY OTHER PEOPLE WHO DO NOT, WHO COULD NOT ATTEND TODAY BECAUSE THEY HAVE BILLS TO PAY. I URGE THE COMMISSION TO STAND WITH THE RESIDENTS. PLEASE DENY THIS DEVELOPMENT AND DON'T PRIORITIZE DEVELOPERS PROFIT OVER THE SAFETY AND QUALITY OF LIFE OF PEOPLE WHO ALREADY CALL MARTIN COUNTY HOME. PARDON MY IGNORANCE, THERE'S A LOT OF NEW STUFF I LEARNED TODAY AND A LOT OF NEW LANGUAGE I HAVE TO LEARN. AND THERE'S A LOT OF INFORMATION I WAS MISSING AS WELL. I DID NOT REALIZE THAT PARCEL 11 WAS A SMALLER DEVELOPMENT, BUT I DO THINK THAT WE'LL END UP FLOODING IF THERE IS NO CHANGE IN HOW WHERE THE WATER GOES. AND THEN PARCEL TEN. AFTER SEEING THE PLAN, I HAVE MORE CONCERN OF BECAUSE THAT WHOLE AREA IS ALL WET DURING THE RAINY SEASON. THANK YOU. I HAVE NO FURTHER PUBLIC COMMENT. MAYOR. HAVE A LEGAL QUESTION, SIR. MAYBE FOR HERSELF OR LEE OR JODY. I UNDERSTAND WE'RE ON ON THIS QUASI JUDICIAL SHEET. WE'RE ON 11 FOR PUBLIC COMMENT. AND THEN THE NEXT ONE WOULD BE IT ALLOWS THE PARTIES TO PRESENT WITH THE BOARD CLOSING REMARKS. THAT'S OBVIOUSLY THE APPLICANT, AND THAT'S US AS ELECTED OFFICIALS FOR CLARIFICATION ON THE PUBLIC COMMENT. RIGHT. JUST WANT TO MAKE SURE I'M ON THE SAME PAGE. THEY'RE ALLOWED TO ADDRESS ANY ISSUES THAT ARE RAISED DURING THAT. BUT NO MORE EVIDENCE. IT'S JUST CLOSING COMMENTS ABOUT IT. MY. I DON'T KNOW. OH GO AHEAD, YOU'RE GOOD. MY COMMENT WOULD BE LIKE I'M LOOKING AT THE THE NEWS ARTICLE. AND THIS IS I GUESS THIS IS WHAT I WAS TALKING ABOUT. NICK, YOU CAN SEE THE FLOODING ON PARCEL TEN. I'M ASSUMING THIS IS ON CARDINAL FACING DIXIE.

HOW DOES THIS WORK? JODY OR LEE OR NICK? I'VE SEEN THIS IN THE COUNTY. RIGHT WHERE PUDS GET APPROVED, AND THEN THEY FLOOD THE NEIGHBOR OUT. WHO IS THE RESPONSIBLE PARTY FOR APPROVING PUDS? NOT SAYING THAT IT'S GOING TO HAPPEN HERE, BUT I HAVE SEEN IT HAPPEN IN THE COUNTY AND THERE'S MORE THAN ONE, I BELIEVE, IN THE COUNTY WHERE IT'S CURRENTLY HAPPENING.

I DON'T KNOW WHAT THE OUTCOME WAS, BUT IF YOU BUILD SOMETHING AND YOU DISPLACE THE WATER AND FLOOD AN ADJACENT NEIGHBOR WHO'S LEGALLY RESPONSIBLE, IS THAT THE MUNICIPALITY, THE APPLICANT, AND THAT MIGHT BE A VERY LOADED ONE THAT COULD BE ANSWERED AT THE NEXT READING.

BUT THOSE ARE MY COMMENTS. MR. MAYOR, ARE YOU MAKING A MOTION TO MOVE IT TO THE NEXT READING? IT WOULD JUST BE AN OPPORTUNITY TO OFFER YOU IF THERE WAS ANY REBUTTAL. I, I THINK IT WAS A QUESTION TOWARD LEGAL COUNSEL ON WHO'S RESPONSIBLE. BEEN THERE FOR SOME OF US, YOU KNOW, ENGINEERS, ENGINEER STUFF. SO I, I THINK AT THE END OF THE DAY THAT'S, YOU KNOW, IT FALLS ON THE ENGINEERING, EITHER THE ENGINEERING SOUND OR THE ENGINEER'S FAULT. ENGINEERING IS FAULTY. AND, YOU KNOW, WE HAVEN'T YOU KNOW, THIS ISN'T WETLAND, IT'S NET OF WETLAND.

THE, YOU KNOW, PIPE RUNS UNDER CARDINAL. WE'RE NOT IMPACTING THAT. SO I YOU KNOW, I THINK IT'S A QUESTION OF A CONSTITUENT TO THEIR REPRESENTATIVES. SO I THINK IT'S YOU GUYS AND THE APPLICATION THAT WE FILLED OUT AND WE PROVIDED TO STAFF CONTAINS THAT INFORMATION. IT HAS, YOU KNOW, THERE'S AN ENGINEER ON THE TEAM. WE'VE PROVIDED ENGINEERING DATA TO THE TO THE CITY. SO, YOU KNOW, IF I SIT HERE AND SAY SOMETHING, YOU KNOW, YEAH. NO, IT DOESN'T MEAN A WHOLE LOT. IT'S I WAS JUST CURIOUS FOR MY OWN PEACE OF MIND, I GUESS, BECAUSE YOU CAN SEE THE FLOODING AND STUFF. AND LIKE I SAID, I'M NOT SAYING IT'S GOING TO HAPPEN HERE, NICK, BY ANY MEANS. AND IT'S NOT EVEN A PARCEL THAT YOU OWN, RIGHT? TEN ISN'T EVEN ONE. WELL, AGAIN, YOU KNOW, WE PROVIDE ENGINEERING REPORTS. WE, YOU

[02:10:05]

SO DURING DEVELOPMENT REVIEW THAT WE LOOK AT CONCEPTUAL PLANS AND THE ENGINEER OF RECORD WHO WE USE, TYPICALLY IT'S CAP TECH OR IF IT'S IT COULD BE KIMLEY-HORN. THEY REVIEW THE PLANS, THEY GIVE SUGGESTIONS, BUT THERE IS GUIDELINES THAT THEY HAVE TO FOLLOW. THAT'S THROUGH SOUTH FLORIDA WATER MANAGEMENT THROUGH DEP. THEY HAVE TO MEET ALL THOSE OTHER REQUIREMENTS TOO. IT'S JUST NOT THE CITY OF STUART REQUIREMENT IN OUR CODE.

IT DOES STATE THAT YOU HAVE TO MAINTAIN ALL YOUR DRAINAGE ON SITE. SO THERE IS OTHER AGENCIES. AND IF YOU ALL IF YOU SEE IN YOUR ORDINANCE, YOU ALWAYS SEE THAT THEY HAVE TO OBTAIN ALL THE OTHER AGENCIES. IN THIS PARTICULAR CASE, THAT WOULD BE THE SAME FOR LOT OF 11.

ONCE THEY START CONSTRUCTION, THEY THEY ONCE THEY GET APPROVAL AND THEY START CONSTRUCTION, THEY HAVE TO SUBMIT A SITE PERMIT, WHICH IS ALL YOUR INFRASTRUCTURES, YOUR MOVING, YOUR DRAINAGE AROUND, LOOKING AT YOUR EXOTICS, MAKING SURE THAT YOU RELOCATE THE HABITATS IF IT'S REQUIRED. BUT THEY ALSO, THROUGHOUT THE WHOLE PROCESS, ANY REVISIONS THAT COME IN FOR DRAINAGE OR THERE'S SOMETHING OUT THERE THAT THEY NEED TO REVISE. BUT AT THE END OF THE DAY, AT THE END OF THE PROJECT, THEY HAVE TO CLOSE OUT ALL THOSE ENVIRONMENTAL PERMITS, INCLUDING WITH THE CITY, WITH THE STATE, AND WITH THE OTHER AGENCIES. AND THEN WE ALSO ASK FOR A LETTER FROM THE ENGINEER MAKING SURE THAT HE CERTIFIED, AND HE WENT OUT THERE AND CERTIFIED ALL THAT DRAINAGE. IT WAS BUILT EXACTLY WHAT WAS APPROVED. AND, YOU KNOW, IT COULD BE IT'S IT'S ON IT'S ON. THE ENGINEER AT THAT POINT, BECAUSE THEY SIGNED AND SEALED IT. I WOULD JUST LIKE TO POINT OUT THAT LOT TEN IS UNDEVELOPED, SO IT HAS NO DRAINAGE IS WHAT NICK HAD MENTIONED. SO THAT'S WOULD LEAD TO THE FLOODING IF THEY HAVE A WHOLE FLOOD. YEAH.

SO DRAINAGE SYSTEM THAT'S BEEN APPROVED BY ENGINEERS AND THAT'S SUPPOSED TO HANDLE THAT.

BUT NOW NEIGHBORHOOD SUE EACH OTHER ALL THE TIME BECAUSE OF DRAINAGE ISSUES. YEAH. MY, MY, MY PERSONAL NEIGHBORHOOD HAS BEEN INVOLVED IN. SO THAT WOULD BE WHO'S RESPONSIBLE FOR IT RIGHT. AT THIS POINT THOUGH, IF IT'S AN UNDEVELOPED PROPERTY, IT'S JUST THERE'S THERE'S NO DRAINAGE THERE CURRENTLY. YEAH. EXCEPT FOR A DITCH, MR. CLARK. OKAY. SO MY COMMENT WAS SIMILAR TO THE RESPONSE THAT. MISS COOGLER GAVE, WHICH IS, YOU KNOW, ON SITE DRAINAGE IS THE MINIMUM STANDARD. AND THAT'S BEING WORKED WITH. I'M TRYING TO FIGURE OUT IF WHAT COMMISSIONER. MAYOR, VICE MAYOR MAY BE HINTING AT OR SAYING. AND I DON'T KNOW, I JUST I'M NOT GOING TO PUT WORDS IN YOUR MOUTH, BUT WOULD IT BE THAT YOU'RE CONSIDERING THAT IF THIS IS AVONLEA AND IT'S BEEN THERE IN THESE PARCELS AND THERE'S A DRAINAGE PROBLEM FOR RIGHT NOW, CALL IT A REGIONAL DRAINAGE PROBLEM THAT THE THE PUD, IT NEEDS TO BE DEALT WITH IN A REGIONAL LEVEL SO THAT WHEN EACH ONE COMES IN, AT LEAST THERE'S A PLAN TO SAY THIS IS WHAT HAS IS IS A PLAN FOR BECAUSE IT'S WHAT IT USED TO BE. ONE OWNER. RIGHT. MR. SCHROTH.

YEAH, AND YES, IT DID. AND THERE IS THE MASTER PROPERTY OWNERS ASSOCIATION, WHICH MAINTAINS THE WETLANDS AND THE THE DRAINAGE CONNECTIONS BETWEEN THOSE WETLANDS. BUT THE DRAINAGE, WHICH IS ON PARCEL TEN. AND THE REASON WHY PARCEL TEN FLOODS IS BECAUSE PARCEL TEN IS HEAVILY IMPACTED BY INVASIVES. WHEN THOSE INVASIVES GROW OUT OF CONTROL WITHOUT BEING DEALT WITH, THEY THEY CLOG UP CANALS. AND SO THAT DITCH THAT RUNS THROUGH PARCEL TEN, CURRENTLY IN A DEVELOPMENT PLAN, WOULD BE CULVERTED AND AND PIPED THROUGH THE PARCEL, YOU KNOW, CONNECTING TO WHATEVER DRAINAGE INFRASTRUCTURE THAT PARCEL PROPOSES AND THAT PARCEL CONSTRUCTS. AND THAT WOULD RESOLVE THE FLOODING ISSUE BECAUSE THOSE INVASIVES WOULD BE REMOVED AND THAT STORMWATER SYSTEM WOULD BE A CONSTRUCTED SYSTEM AND MAINTAINED SYSTEM. RIGHT NOW IT'S VACANT LAND AND IT'S NOT MAINTAINED, AND THERE'S NO TIMETABLE OF DEVELOPMENT ON THAT PARCEL. TEN THERE THERE IS. AND, YOU KNOW, I CAN'T REALLY COMMENT WITH ANY LEVEL OF AUTHORITY ON WHERE IT STANDS. BUT BETWEEN, YOU KNOW, WHAT THE PUD SAYS AND EMERGENCY ORDERS AND ALL THE OTHER SUCH. BUT, YOU KNOW, THERE WAS A PLAN.

IT WAS, YOU KNOW, WE WERE TRYING TO WORK WITH THE OWNERS OF THAT WHO ALSO OWNED PARCEL 13. AND AND THAT GOT CONVOLUTED. SO WE ENDED UP PULLING THIS PARCEL OUT OF THAT APPLICATION

[02:15:06]

NICK. AND I DON'T KNOW IF THIS IS SOMETHING THAT CAN BE PRESENTED AT THE NEXT READING IS MAYBE THE SHEET FLOW OF THE DRAINAGE SYSTEM. I DON'T I DON'T EVEN KNOW HOW YOU WOULD GATHER THAT INFORMATION IF THE CITY IS GOING TO HAVE THAT. AND LIKE YOU SAID, IT MIGHT BE GOING BACK INTO THE ARCHIVES TO GET IT. CAN I JUST ASK A QUESTION, COMMISSIONER? THAT'S THE FLOODING ON LOT TEN, YOU'RE SAYING, WHICH IS NOT A PART OF THIS PROJECT RIGHT NOW. RIGHT.

BUT IT WAS PART OF THE MASTER SITE PLAN. THAT'S THE ONLY REASON WHY I DISCUSSED IT, BECAUSE IT'S LIKE IT DOES AFFECT IT. YES, I KNOW THAT'S AND THAT'S THE ONLY REASON WHY I MENTION IT. I UNDERSTAND IT'S NOT EVEN OWNED BY THIS DEVELOPMENT GROUP, I BELIEVE.

BUT AT ONE POINT IT WAS. AND IF PARCEL TEN IS GOING TO GET DEVELOPED EVENTUALLY AND IT FLOODS, WHERE DO YOU DISPLACE IT? CAN YOU RETAIN THAT WATER? IS IT. IT LOOKS LIKE A PRETTY CLOSE SETBACK. AND A LOT OF, YOU KNOW. YEAH, I THINK IT MIGHT BE GOOD TO HAVE RUTH LOOK INTO IT AS WELL. IT'S NICE HAVING AN ENVIRONMENTAL ATTORNEY ON BOARD FOR NEXT HEARING. THANK YOU. IT HAS BEEN SECOND. IS THERE ANY OTHER DISCUSSION? OKAY. MARY, WOULD YOU CALL THE ROLL MAYOR COLLINS? YES, COMMISSIONER. RICH. YES, COMMISSIONER. JOB. YES, COMMISSIONER. CLARK. YES. VICE MAYOR. YES. OKAY. ALL RIGHT. SEEING NO OTHER BUSINESS, THIS

* This transcript was compiled from uncorrected Closed Captioning.