Sep 28, 2026 Regular City Commission Meeting

[00:00:15]

MAYOR OF THE CITY OF STUART. CALLING TO ORDER THE REGULAR MEETING OF THE CITY COMMISSION.

[ ROLL CALL]

YES, COMMISSIONER. READ HERE. COMMISSIONER. RICH. HERE. THANK YOU. TODAY WE HAVE OUR

[ INVOCATION]

I'VE ALWAYS JUST WANT TO REMIND US THAT AN INVOCATION IS NOT TO INVITE YOU TO BE HERE. IT'S TO RECOGNIZE YOUR PRESENCE. AND GOD, WE THANK YOU THAT YOU ARE OMNIPRESENT. THERE IS NOWHERE THAT YOU ARE NOT. AND YOU ARE HERE IN THIS ROOM TONIGHT. AND GOD, YOU COME HERE AS REALLY WHO YOU ARE. WHETHER WE RECOGNIZE IT OR NOT, YOU ARE HOLY. YOU ARE RIGHTEOUS. YOU ARE A GOD OF TRUTH AND JUSTICE, A GOD OF MERCY. NOT GIVING US WHAT WE DESERVE. BUT LORD, YOU'RE ALSO GOD OF GRACE, GIVING US WHAT WE DON'T DESERVE. AND YOU ARE FAITHFUL AND YOU HAVE. YOU ARE WISDOM, AND YOU GRANT THAT WISDOM TO THOSE WHO SEEK IT. AND YOU ARE GOOD. AND SO, LORD, WE RECOGNIZE THAT'S WHO YOU ARE HERE TONIGHT. SOLOMON IN THE BOOK OF PROVERBS WROTE IN PROVERBS CHAPTER THREE, VERSES FIVE AND SIX, THAT WE ARE TO SEEK FIRST YOUR KINGDOM, THAT WE'RE NOT TO LEAN ON OUR OWN UNDERSTANDING, BUT IN ALL OUR WAYS ACKNOWLEDGE YOU, AND YOU WILL DIRECT OUR PATHS. AND JESUS SAID, SEEK FIRST THE KINGDOM OF GOD, AND ALL THESE OTHER THINGS WILL BE ADDED TO YOU. SO THAT'S MY PRAYER TONIGHT, LORD, IN THE DECISIONS THAT ARE MADE IN THE DIRECTION THAT WE GO, THAT, LORD GOD, YOU WOULD GUIDE AND DIRECT WITH ALL THOSE ATTRIBUTES AND MORE THAT I MENTIONED. WE PRAISE YOU ARE HERE AND WE THANK YOU. IN JESUS

[ PLEDGE OF ALLEGIANCE]

[COMMENTS BY CITY COMMISSIONERS ]

WELCOME AGAIN, MR. MORTAL. THANK YOU SO MUCH FOR. BEING HERE TODAY AND WE APPRECIATE THAT. I JUST WANTED TO SAY A COUPLE OF THINGS. I I'VE BEEN HEARING FROM THE COMMUNITY ABOUT VANDALISM OF CITY PROPERTY, AND I'VE TALKED TO THE DEPARTMENT IN CHARGE, AND I'M HOPING THAT WE CAN GET THIS ON THE WORKS. BUT IF YOU SEE SOMETHING, SAY SOMETHING AND PLEASE LET US KNOW IF YOU THINK THAT SOMETHING IS HAPPENING SO THAT WE CAN TRY TO GET STUART POLICE TO GO BY THE AREAS AND CHECK THINGS OUT AND TRY TO AVERT SOME SERIOUS DAMAGE TO PROPERTY OR EVEN HARM TO PERSONS. SO THAT'S IMPORTANT. I JUST WANTED TO SAY THAT THE THE CHURCH THAT I ATTEND SAINT MONICA'S CHURCH FOR MANY YEARS, PROBABLY OVER 35 YEARS, HAS HAD THE SERVICE OF MR. RON CORBIN AS THE ORGANIST, AND HE'S ALSO BEEN THE MUSIC TEACHER AND ORGANIST AND CHOIR AND PIANO TEACHER AT THE MARTIN COUNTY HIGH SCHOOL. HE PASSED AWAY RECENTLY, AND THERE'LL BE A TRIBUTE AND MEMORIAL TO HIM ON ON SUNDAY, OCTOBER 4TH AT THE LYRIC THEATER. AND HE'S REALLY A STALWART PERSON IN OUR COMMUNITY AND TO SO MANY

[00:05:05]

AND I JUST WANT TO SAY THAT STUART AND THE STUDENTS WHO BENEFITED FROM HIM REALLY OWE HIM A DEBT OF GRATITUDE FOR THE LIFE THAT HE LIVED AND THE WORK THAT HE DID WITH THE STUDENTS.

SO I JUST WANT TO SAY THAT ON BEHALF OF THE PASSING OF RON CORBIN. THE ONLY OTHER THING THAT I'D LIKE TO SAY IS THAT THERE'S AN ITEM HERE ON THE AGENDA. AND I THINK BEFORE WE GET UP TO THE COMMISSIONERS, WHEN WE GET TO THE APPROVAL OF THE AGENDA, I WANT TO MAKE SURE THAT WE TRY TO MOVE THIS ITEM UP FROM ITEM NUMBER EIGHT UP, SO WE CAN EITHER DO IT NOW, WE

[COMMENTS BY CITY MANAGER ]

[00:10:03]

THERE WERE RESPONSES TO THE RFP, AND THE CITY ADOPTED A RFP AND AN AGREEMENT WITH STUART MAIN STREET TO BE IN THE FLAGLER CENTER. THAT'S ALSO UNDER LEASE. AND THEN THERE WERE TWO OTHER BUILDINGS THAT WOULD BE CONGRESSMAN MASS OFFICE THAT WAS APPROVED BY THE CITY COMMISSION AND CONGRESSMAN, OR I MEAN STATE REPRESENTATIVE OBRADOR'S OFFICE. HOWEVER, REPRESENTATIVE OFFICE TERM HAS EXPIRED. WE'RE WORKING WITH HIM TO TERMINATE THAT LEASE, EFFECTIVE IMMEDIATELY. AND THE QUESTION I WOULD HAVE AND I CAN PUT IT ON THE FUTURE AGENDA, IS THAT BACK WHEN THOSE HISTORIC BUILDINGS WERE PLACED WHERE THEY ARE IN DOWNTOWN STUART, THAT PARTICULAR COMMISSION HAD VOTED THAT THEY WANTED THOSE TO BE RENTED TO GOVERNMENT OFFICIALS OR CONGRESSMEN OR STATE REPRESENTATIVES AT WHATEVER THE GOVERNMENT RATE IS THAT THEIR BUDGETS COULD ADDRESS. BECAUSE IF WE WENT OUT TO RFP AND LET'S SAY IT WAS RENTED TO A DENTIST'S OFFICE, THE DENTIST WOULD GO IN AND MODIFY THE BUILDING ACCORDINGLY TO MAKE IT A AN OFFICE MORE THAN A HISTORIC HOME. AND IT WOULD THEN BECOME A PRIVATE BUILDING THAT WASN'T OPEN TO THE PUBLIC. SO AT THE TIME, THE COMMISSION SAID, FIND MEMBERS OF GOVERNMENT TO RENT IT TO SO THAT IT COULD REMAIN OPEN TO THE PUBLIC AND THAT THESE BUILDINGS COULD BE ACCESSIBLE, BEING TREATED AS HISTORIC PROPERTIES. I'LL BRING THIS BACK AS A AGENDA ITEM AT SOME POINT IN THE FUTURE, BECAUSE I NEED TO ADDRESS THE REPRESENTATIVE OVERDORF BUILDING, BECAUSE IT IS GOING TO BE VACANT AND OPEN AND AVAILABLE FOR LEASE. AND THAT'S ALL MY COMMENTS. THANK YOU SO MUCH. WE HAVE A PUBLISHED

[APPROVAL OF AGENDA ]

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

I JUST WANT TO THANK HIM FOR MEETING WITH ME TODAY. AND THIS IS THIS IS SOMETHING THAT NEEDS TO BE ADDRESSED. IT'S JUST NOT POPLAR CREEK. IT'S FRAZIER CREEK. HANEY CREEK. HE'S CREEKS NEED TO BE ADDRESSED. YOU KNOW, AGAIN, WITH, YOU KNOW, CERTAIN ASPECTS OF THAT SKATEBOARD PARK.

YOU KNOW HOW I FEEL ABOUT IT. I THINK THE REST OF THE COMMUNITY FEELS THE SAME WAY ABOUT THE SKATEBOARD PARK. THAT MONEY COULD BE UTILIZED IN A LOT OF OTHER DIFFERENT THINGS. WITH THAT BEING SAID, YOU KNOW, OUR WATERWAYS ARE IMPORTANT. YOU KNOW, THE WATER IS ABSOLUTELY DISGUSTING. I JUST HAD SOME TESTS DONE AT PABLO CREEK AND IT'S IT'S NOT GOOD. I MEAN, YOU, YOU KNOW, YOU CAN'T YOU CAN'T EVEN SO MUCH AS TOUCH THE WATER. YOU GOT A CUT IN YOUR HAND.

YOU'LL BE IN THE HOSPITAL THAT NIGHT WITH AN INFECTION. SO IT'S SOMETHING THAT WE REALLY NEED TO FOCUS ON. STOP THE ARGUING AND THE BICKERING AND EVERYTHING ELSE. I'M TIRED OF ARGUING AND HAVING A BAD ATTITUDE ABOUT THINGS. I JUST WANT TO WORK WITH THE COMMISSION AND EVEN MIKE AND JIM, RUTH, WHOEVER ELSE, JUST TO GET THESE CREEKS CLEANED UP.

THANK YOU. THANK YOU, SIR WARREN. SORRY, I'M GOING TO MISPRONOUNCE YOUR LAST NAME. IF YOU COULD JUST SAY IT FOR THE RECORD. DRISCOLL. DRISCOLL. GOOD. GOOD AFTERNOON. I'M HERE ON BEHALF OF THE TOWERS WITH THE ON A ROTATION TO ASK THE BOARD TO BRING BACK AND AMEND THE APPENDIX A FROM LAST BUDGET WORKSHOP MEETING. IF YOU REMEMBER, LAST YEAR, ON

[00:15:05]

IT CHANGED SOME OF THEIR RATES, IN FACT, ALL THE RATES. AND THEY ADDED ELECTRIC CAR STORAGE AND OTHER THINGS. SO JUST LIKE YOU GUYS TO BRING BACK, BRING IT BACK TO CONSENT VOTE AND PUT IT BACK ON THE AGENDA AND BRING IT BACK SO WE CAN HOPEFULLY GET THEM TO BE THE SAME AGAIN AND HAVE IT CONTINUING. OKAY. THANK YOU SIR. JOANNE. SIMON. GOOD EVENING, COMMISSIONERS MAYOR.

SO FOR THE RECORD, MY NAME IS SORRY. FOR THE RECORD, MY NAME IS JOAN SEAMAN. I'VE LIVED AT 836 SOUTH EAST 13TH STREET SINCE 1992. THAT NEIGHBORHOOD OVER THE YEARS HAS MADE A REMARKABLE COMEBACK. WE'VE GOT GREAT PEOPLE IN THERE. WE HAVE A GREAT COMMUNITY. WE ALL LOVE THE DIVERSITY OF THE CITY. THAT'S WHY WE'RE THERE. WE LOVE THE DIVERSITY. THIS WEEKEND THERE WAS AN ISSUE WITH THE PARKS. NOW I'M GOING TO TELL YOU, THANK YOU TO JESSICA THARP.

I'VE BEEN WAY DE-ESCALATED TODAY. SO. THE EVENT AT THE PARK, THE MUSIC AT THE PARK WAS DISGUSTING. I NEVER LEFT MY HOUSE. THE BASE I HAVE IMPACT WINDOWS, IMPACT DOORS AND I HAD A SPLITTING HEADACHE BY A 6:45. WE HAD BEEN CALLING THE POLICE. MY ENTIRE NEIGHBORHOOD HAS BEEN CALLING THE POLICE. I DIDN'T START UNTIL ABOUT 540. I CHECKED MY PHONE, BUT PEOPLE HAVE BEEN CALLING ALL DAY LONG. THE PEOPLE THAT BACK UP TO GUY DAVIS PARK HAD ACTUALLY THE STEWART PD COME OUT. AND THIS IS WHERE MY COMMENT IS. I REMEMBER THE DAYS WHEN STEWART PD WAS SEE NO EVIL, HEAR NO EVIL. I HAD A DOG FIGHTING RING IN MY BACKYARD, MY BACKYARD, BUT RIGHT OVER THE FENCE I HAD A STEWART PD COP, PROBABLY CLOSE TO RETIREMENT AGE, COME TO MY HOUSE, STAND IN MY DRIVEWAY AND TELL ME TO MY FACE. HE DID NOT HEAR THAT DYING DOGS CRY. I DON'T WANT THAT HAPPENING AGAIN. STEWART PD CAME OUT, SAID THAT THEY COULD NOT DO ANYTHING. THEY HAD TO GO TO THE PARK THEMSELVES PERSONALLY TO DO A DECIBEL CHECK. THE PROBLEM WITH THAT IS AS SOON AS A COP WALKS IN, THE MUSIC GOES OFF. WHY COULDN'T THEY DO THE DECIBEL CHECKCK FROM THE PROPERTY LINE AT THE BACK FENCE? NO, I DO NOT WANT. WE HAVE A PROPERTY TAX ISSUE COMING UP. I DO NOT WANT TO GO BACK TO THE DAYS OF SEE NO EVIL, HEAR NO EVIL. WE NEED A POLICE DEPARTMENT THAT'S GOING TO COME OUT AND REALLY ADDRESS. WE HAVE BEEN CALLING. I KNOW FOR LIKE MY WHOLE NEIGHBORHOOD, WE TIMED IT OUT. IT PROBABLY ABOUT FIVE HOURS. I KEPT WAITING FOR THE MUSIC TO STOP. THE BASS WAS HORRIBLE. THE LANGUAGE. I CANNOT EVEN TELL YOU HOW BAD THE LANGUAGE WAS. THE N WORD WAS ALL OVER THE PLACE. THANK YOU, THANK YOU, JOHN. THANK YOU, THANK YOU, THANK YOU. MAYOR. WHERE WAS THIS CONCERT? MAYOR? WAS IT GUY DAVIS I DON'T WAS IT GUY DAVIS I WASN'T I MEAN, THAT'S WHERE SHE SAID THE MUSIC GUY. DAVIS I DON'T KNOW, BUT THERE WAS A PERMANENT OR NOT. BUT I'LL LOOK INTO IT. I KNOW WE HAVE WE HAVE DECIBEL. SO THANK YOU. THANK YOU SO MUCH FOR BRINGING THAT UP. ANY OTHER PUBLIC COMMENTS, ROD PETERSON? GOOD EVENING, BOARD PETERSON, CENTRAL AVENUE. I HAVE TWO CONCERN GREAT CONCERNS ABOUT STEADMAN PROJECT DRAINAGE, WHICH I HAVE THREE DEPARTMENTS WITH DIALOG, WITH DISCUSSION WITH THREE DEPARTMENTS. WITH THAT ONGOING. NOW I NEED TO HAVE THAT ON RECORD. AND ALSO OUR NEIGHBORHOOD OFF IN CENTRAL AVENUE. WE HAVE A A BAD FLOODED AREA THAT NEED TO BE BE, HAVE A, SOME TYPE OF CONCERN ITSELF. SO BEING TEN MONTHS AGO, I PUT IT

[00:20:05]

THANK YOU. THANKS. ALBERT BRINKLEY, MR. BRINKLEY. SAY GOOD EVENING TO YOU ALL AND THANK YOU FOR THIS OPPORTUNITY. ELABORATE MORE ON WHAT MR. PETERSON REFERRING TO. I GREW UP IN THAT AREA, SO MAJORITY OF MY LIFE I'VE BEEN LIVING IN THAT AREA WHERE I AM NOW. I'VE BEEN THERE 30 YEARS AND IT'S A LOW LYING AREA. ALWAYS BEEN THERE. AND LIKE I SAY, I'VE LIVED THERE FROM A CHILDHOOD. THIS IS SERIOUS PROBLEM THAT WE HAVE THERE WITH FLOODING MY HOUSE AND MY NEIGHBOR ACROSS THE STREET. HOUSE IS ELEVATED HIGHER THAN EVERYBODY ELSE.

HOUSE. BUT YET OUR YARD GET FLOODED. SO THAT'S LET YOU KNOW HOW BAD THE SITUATION IS IN THAT AREA. AND LIKE I SAY, I'VE BEEN THERE 30 YEARS. IT'S ALWAYS BEEN AN ISSUE IN THAT AREA. THOSE DRAINAGE CONSTANTLY HAVE WATER AND THOSE DRAINAGE YEAR ROUND. THE WATER DOES NOT FLOW. IF YOU GO OUT THERE RIGHT NOW, EVERY DRAIN ON THAT STREET HAVE WATER IN IT. THE WATER DOES NOT FLOW AND YOU ALL PROPERTY. MAYOR Y'ALL PARKING LOT SLOPES DOWN. IT'S NOT LEVEL.

AND WHEN YOU ALL PARKING LOT GET FLOODED, OUR STREET FLOODED. THE WATER HAS NOWHERE TO FLOW.

THAT IS A DANGEROUS. THE HOUSE NEXT DOOR TO ME SINCE I'VE BEEN LIVING THERE HAVE BEEN FLOODED TWICE. ONE TIME ONE YEAR. WE WALKED UP THE WATER UP TO OUR KNEES ON THAT STREET. MR. LEGGETT COULD ONLY DO SO MUCH. WE NEED TO FIGURE SOMETHING OUT BECAUSE WE DON'T NEED LISTEN TO MR. PETERSON. WE DON'T NEED NO WATER COMING THERE. AND RIGHT NOW, WATER IS NOT FLOWING NOWHERE. WATER IS IN THOSE DRAINAGE YEAR ROUND. AND I CAN TELL YOU RIGHT NOW, YOU GO RIGHT NOW AND LOOK IN FRONT OF MY HOUSE. WHAT IS THERE? WE HAVE A ISSUE THAT ALWAYS BEEN A LOW LYING AREA. THERE ALWAYS BEEN A LOW LYING AREA. SO WE WANT TO FIGURE OUT WHAT'S GOING ON HERE BECAUSE WE DON'T NEED WE HAVEN'T A LATE ROUND THERE. IT SHOULDN'T BE. WE SHOULDN'T HAVE TO LIVE LIKE THAT. I WALKED OUT MY DOOR TO GO PICK MY GRANDDAUGHTER UP. I THINK WHENEVER WE GOT THE RAIN I WAS SHOCKED, BUT THAT WAS A LOT OF WATER CAME DOWN AND WE HAD THAT MUCH WATER. OUR STREET IS FLOODED AND I LIKE TO REITERATE MY NEIGHBOR NEXT DOOR HAVE BEEN FLOODED OUT TWICE. THAT PARTICULAR HOUSE THERE. IT'S AN ISSUE AND IT'S AN ISSUE THAT YOU ALL NEED TO TAKE CARE OF. BECAUSE I REITERATE AGAIN, MR. LEGGETT, GOING TO DO SO MUCH, Y'ALL NEED TO FIGURE SOMETHING OUT BECAUSE IT'S GOING TO COST US. AND ESPECIALLY, LISTEN, MR. PETERSON, IN THIS SITUATION WITH STEADMAN, END UP FLOWING OUR DIRECTION, THAT'S GOING TO CREATE A PROBLEM FOR US. AND WE ALREADY HAVE AN ISSUE WITH WATER. AND THIS IS SERIOUS.

THERE WAS A LOT OF WATER. THAT STREET WAS FLOODED THE OTHER DAY, AND IT'S NOT THE FIRST TIME. LIKE I SAY, I'VE BEEN THERE 30 YEARS AND I GREW UP IN THAT AREA. SO I KNOW THIS HOSE IS HOSE WATER. IT'S A LOW LYING AREA. Y'ALL NEED TO DO SOMETHING TO HELP US OUT THERE.

THANK YOU SIR. MR. LEWIS LEONARD. GOOD AFTERNOON TO EACH AND EVERYONE. MY NAME IS LEWIS LEONARD. I OWN APARTMENT AT 433 SOUTHEAST LAKE STREET. AND WE DO HAVE A PROBLEM. JUST LIKE MY NEIGHBOR JUST GOT TO SPEAKING. I'M SPEAKING ON THE SAME MATTER. WHEN THAT WHEN IT RAINED FOR A FEW HOURS, WE CAN BARELY, BARELY GET OUT OF OUR DOOR. GIVE YOU AN EXAMPLE. ARE YOU TALKING ABOUT PIPING A CONNECTING ACROSS TOWN AND RUN MORE WATER? PERHAPS THOUSANDS

[00:25:06]

ONE OF ITS FIRST ACTIONS WAS TO PASS A VERY BROAD ZONING IN PROGRESS OR ZIP. THIS PROHIBITED THE PUBLIC FROM SUBMITTING ANY NEW APPLICATIONS EXCEPT FOR SINGLE FAMILY HOMES.

AS PROPERTY RIGHTS ADVOCATES, MARTIN COUNTY REALTORS VOICED OUR CONCERNS. WE BELIEVE THOSE CONCERNS WERE JUSTIFIED. 51 DAYS PASSED UNTIL THE FIRST REQUIRED PUBLIC WORKSHOP TOOK PLACE. THE WORKSHOPS WERE SCHEDULED DURING THE DAY, WHICH WE BELIEVE LIMITED PUBLIC ACCESS AND ATTENDANCE. A FORMER MEMBER OF THE COMMISSION IN SUPPORT OF THE ZIP REFERRED TO RECEIVING PUBLIC COMMENTS AS, QUOTE, WASTING TIME, UNQUOTE. WHEN THE PUBLIC DID GET TO COMMENT, THAT MEMBER OFTEN ENGAGED THE PUBLIC COMMENTATOR WITH A CONTRARY POINT OF VIEW FROM THE DAIS, THUS NOT ALLOWING THE PUBLIC COMMENTATOR TO BE FULLY HEARD. THE FORMER COMMISSION MADE CHANGES TO THE CITY'S LAND DEVELOPMENT REGULATIONS THAT WE BELIEVE CONTRADICTED OVER 30 GOALS AND OBJECTIVES OF THE CITY'S COMPREHENSIVE PLAN. WE ARE UNAWARE OF ANY ACTIONS TAKEN TO RECONCILE THOSE CHANGES WITH THE COMPREHENSIVE PLAN. SIMILAR SIGNIFICANT CHANGES WERE WERE PROPOSED FOR EAST STEWART'S DEVELOPMENT CODE. HOME RULE IS WHAT ENABLES LOCAL PEOPLE TO SHAPE LOCAL GOVERNMENT. HOME RULE CAN BE, AND AT TIMES OFTEN IS AT ODDS WITH TALLAHASSEE. WHEN LOCAL GOVERNMENTS RESPECT THE LAW AND RESPECT PRIVATE PROPERTY RIGHTS, TALLAHASSEE CAN'T REALLY DO MUCH. BUT WHEN LOCAL GOVERNMENTS VIOLATE THE LAW AND. AND PRIVATE PROPERTY RIGHTS, TALLAHASSEE IS EAGER TO JUMP IN. THIS IS WHAT WE BELIEVE HAPPENED WITH STATE SENATE BILL 180, WHICH MADE THE FORMER COMMISSION'S CODE CHANGES NOT ONLY IRRELEVANT BUT IN OUR BELIEF, ILLEGAL. THE FORMER COMMISSION RESPONDED BY ENTERING INTO LITIGATION, WHICH WAS THEIR RIGHT TO DO. BUT THIS ACTION DID NOT SEEK INJUNCTIVE RELIEF, NOR WAS SUCH RELIEF GRANTED BY THE COURTS. SO THEREFORE, SIMPLY ENTERING INTO ONGOING LITIGATION LITIGATION DID NOT GRANT THE COMMISSION THE RIGHT TO IGNORE THE LAW, EVEN THOUGH THE CURRENT COMMISSION WAS NOT RESPONSIBLE FOR WHAT OCCURRED. WE'RE ASKING YOU TO CLARIFY THAT IF THE CODE WAS UNLAWFULLY CHANGED, THEN ADMIT IT AND REINSTATE IT. WE BELIEVE IN THE RIGHT OF LOCAL CITIZENS TO PETITION THEIR GOVERNMENT WHEN THEY BELIEVE THEIR GOVERNMENT IS NOT FOLLOWING THE RULE OF LAW. AND IF THE LOCAL GOVERNMENT DISAGREES WITH THE CITIZENS PETITION, THEN THE BURDEN OF PROOF SHOULD FALL ON THE LOCAL GOVERNMENT. RESPECTFULLY, WE ARE ASKING THIS COMMISSION FOR AN INDEPENDENT INVESTIGATION INTO THIS MATTER IN GOOD FAITH AND FOR THE PEACE OF MIND OF ALL CITIZENS. ACCOUNTABILITY TO

[00:30:04]

SO THIS IS WHAT I'M TELLING YOU. YOU DIDN'T LISTEN TO ANYBODY. BUT THIS IS THE KIND OF STUFF.

THIS IS OUR CASE. METZGER AND ROBY, WHO JUST. I MADE A COMPLAINT. IT'S CONFIDENTIAL.

ONCE THEY MAKE A DECISION, THEN I CAN TELL IT IN PUBLIC. BUT I JUST WANT TO FINISH ON. YOU GUYS STARTED. YOU PICKED A FIGHT WITH US. YOU STARTED LITIGATION. AND I JUST WANT TO QUOTE WINSTON CHURCHILL, WE SHALL DEFEND THE CONSTITUTIONAL, CONSTITUTIONAL RIGHTS OF EVERY RESIDENT OF OUR CITY, OUR COUNTY, OUR STATE AND OUR COUNTRY. WHATEVER THE COST MAY BE, WE SHALL FIGHT IN THE 19TH CIRCUIT. WE SHALL FIGHT IN THE FOURTH DCA. WE SHALL FIGHT IN THE FLORIDA SUPREME COURT. WE SHALL FIGHT YOU IN THE UNITED STATES DISTRICT COURT AND THE FEDERAL COURT. WE WILL FIGHT YOU IN THE 11TH CIRCUIT COURT OF APPEALS, AND WE WILL FIGHT YOU IN THE SUPREME COURT OF THE UNITED STATES. WE SHALL NEVER SURRENDER. DEFENDING THE CONSTITUTION AND GETTING ACCOUNTABILITY. LIKE THE NICE GUY THAT WHO JUST SPOKE ACCOUNTABILITY, ACCOUNTABILITY. SO THE CASE THAT YOU STARTED AND YOU HAVE ALLOWED TO GO, THEN, YOU KNOW, THERE WAS JUST A NOTICE OF APPEAL PUT IN. WE'LL JUST KEEP GOING TILL YOU

[00:35:03]

I'M NOT ASKING THE COMMISSION TONIGHT TO FUND THE WHOLE THING OR APPROVE DOZENS OF MURALS. MY MY ASK IS STRAIGHTFORWARD DIRECT THE APPROPRIATE CITY AND CRA STAFF TO SIT DOWN AND DEVELOP A PARTNERSHIP FRAMEWORK. LET'S IDENTIFY WHERE THE CITY CAN ASSIST WITH TRANSPORTATION, PUBLIC SPACE, FUTURE MURAL COORDINATION, HISTORIC PRESERVATION, ART AND CULTURAL PROGRAMING. ANY ELIGIBLE CRA OR CITY RESOURCES. THE YOUTH ARE SIGNING UP, THE ELDERS ARE SIGNING UP. THE CHURCHES ARE ENGAGED. SO I'M JUST ASKING FOR YOU GUYS TO ASSIST WITH THE MOMENTUM THAT WE ALREADY HAVE. THANK YOU. THANK YOU SIR. THANK YOU. ANYONE ELSE? JANINE ALEXANDER. I HAVE SOME HANDOUTS.

IS THE TIME. WHAT ABOUT IT STARTED ALREADY? IT STARTED. YEAH, YOU CAN GO. BUT YOU DIDN'T HAVE THE DOCUMENTS IN YOUR HAND. CAN I START OVER, PLEASE? MAY I BE ALLOWED TO START OVER? OKAY. SHE'S GOING TO RESET. THANK YOU. WHAT YOU ARE IN RECEIPT OF AS A COMMISSION IS A SUBPOENA THAT WAS ISSUED TO MICHAEL MARTEL TO BRING PUBLIC RECORDS TO A HEARING THAT WAS HELD IN MAY OF 2024. AND INSTEAD OF BRINGING WHAT WAS LISTED IN THE SUBPOENA AS A SUBPOENA DUCES TECUM, WAS THIS. A THUMB DRIVE WHICH ALLOWED ME NOT TO ACCESS ANY OF THE EXHIBITS I WOULD HAVE ORDINARILY SUBMITTED INTO COURT, BECAUSE THEY DON'T ACCEPT ANYTHING OTHER THAN PDF FILINGS. MR. MARTEL WAS FULLY AWARE OF THAT, JUST MORE OF HIS ANTICS.

MR. MARTEL RECEIVED SETTLEMENT LETTERS IN REGARDS TO CASE NUMBER 721 IN SEPTEMBER AND OCTOBER OF 2019, WHEREBY I WAS WILLING TO ACCEPT $67,500 IN FULL SETTLEMENT FOR THE DAMAGES THAT OCCURRED TO ME IN A THREE YEAR SPAN. AND THAT WAS ONE YEAR, THE EQUIVALENT OF ONE YEAR SALARY THAT I LOST BEING WRONGFULLY CHARGED WITH BATTERY OF AN ELDER IN A DOMESTIC INCIDENT WHEREBY THE LADY WAS INTOXICATED. SHE WAS NOT DRESSED FOR MEDICAL CONCERNS, INTOXICATION OR OTHER CONCERNS IN COMPLIANCE WITH POLICY. 27 WHEN I SUBMITTED A CITIZEN'S COMPLAINT TO MR. MARTEL IN FEBRUARY OF 2018. THESE ARE EMAILS, COPIOUS EMAILS IN RELATION TO THE COMMUNICATIONS THAT RESULTED FROM BEING INFORMED THAT I CAN FILE A CITIZEN'S COMPLAINT. THERE IS A FEW THAT REFER TO DAVE ROSS, DAVE ROSS DELEGATED OR

[00:40:01]

THANK YOU. ANY MORE PUBLIC COMMENTS? NO. MAYOR. THANK YOU SO MUCH. OKAY, SO WE HAVE THE

[APPROVAL OF CONSENT CALENDAR ]

I'M GOING TO USE YOU HAVE A COMMENT ON ITEM NUMBER ONE. THE REFRESH PLEASE. IS IT ABOUT THE MINUTE? NO, I'M JUST GOING TO ADDRESS WHAT IT TAKES TO GET PLACED ON THE AGENDA BECAUSE

[00:45:03]

COMMISSIONER REED. YES, COMMISSIONER MATHESON. YES. MAYOR CLARK. YES. AND COMMISSIONER RICH. YES. YES, YES. AT THE END OF THE CONSENT AGENDA, WE'RE GOING TO START

[8. POLK STREET HOTELS, INC. (AKA FAIRFIELD INN HOTEL) AMENDMENT TO THE OFFICIAL ZONING ATLAS (REZONE) (QUASI-JUDICIAL) (RC): ORDINANCE No. 2537-2026; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING THE CITY’S OFFICIAL ZONING MAP TO REZONE A 0.33-ACRE PARCEL WHICH IS LOCATED AT 255 SW 6TH STREET FROM THE URBAN WATERFRONT ZONING DESIGNATION TO THE URBAN HIGHWAY ZONING DESIGNATION; PROVIDING DIRECTIONS TO THE CITY CLERK; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. ]

ORDINANCE NUMBER 2537-2026, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AMENDING THE CITY'S OFFICIAL ZONING MAP TO REZONE A 0.33 ACRE PARCEL WHICH IS LOCATED AT 255 SOUTHWEST SIXTH STREET FROM THE URBAN WATERFRONT ZONING DESIGNATION TO THE URBAN HIGHWAY ZONING DESIGNATION. PROVIDING DIRECTIONS TO THE CITY CLERK, PROVIDING FOR REPEAL OF ALL ORDINANCES AND CONFLICT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. I'D LIKE TO GIVE A LITTLE BIT OF A BACKGROUND ON THIS. THE COMMISSION HELD A FIRST READING OF THIS ORDINANCE BACK ON JANUARY 27TH, 2025. THERE WAS A MOTION TO TRANSMIT IT TO THE SECOND READING, WHICH WAS APPROVED. THE SECOND READING TOOK PLACE ON FEBRUARY 10TH AT A REGULARLY SCHEDULED, SCHEDULED CITY COMMISSION MEETING. AT THAT TIME, THEN COMMISSIONER CLARK MADE A MOTION FOR APPROVAL, WHICH DIED BECAUSE THERE WAS NO SECOND. AND INSTEAD OF LEAVING THE ORDINANCE OUT IN LIMBO, YOU CAN'T DO A MOTION TO DENY IT UNDER THE ORDINANCE. SO THEN COMMISSIONER CHRISTOPHER COLLINS DID A MOTION TO DENY THE APPLICATION. AND I JUST WANT TO POINT OUT THIS WAS SECONDED BY COMMISSIONER REED. IT DOES SAY IN OUR RESOLUTION OR I'M SORRY, IN OUR ORDINANCE HERE IN A WHEREAS CLAUSE THAT IT WAS PASSED BY THREE ONE VOTE, I WENT BACK TO THE MINUTES OF THAT MEETING AND IT DOES SAY PASSED BY THREE ONE VOTE. BUT WHEN YOU LOOK AT THE NAMES, IT WAS ACTUALLY THREE, TWO VOTES. SO COMMISSIONER CLARK AND COMMISSIONER RICH BOTH DESCENDED ON THAT. SO THAT'S KIND OF A TYPO THAT WE NEED TO CLARIFY OR FIX UP IN THE FINAL ORDINANCE HERE TODAY. BUT THAT THAT DENIAL WAS NOT IN AN ORDINANCE. IT WAS WE MEMORIALIZED IT IN RESOLUTION 33-2025. IT KIND OF GAVE CLOSURE AND IN A RESOLUTION TO THE APPLICANT SO THAT THE APPLICANT CAN TAKE NEXT STEPS INSTEAD OF HAVING THE ORDINANCE OUT IN LIMBO. THE THE PROPERTY OWNER AND THE APPLICANT FILED A LAWSUIT IN MARTIN COUNTY CHALLENGING THE COMMISSION'S DENIAL OF THE OWNER'S REZONING APPLICATION. AND THEN ON WE HIRED AN OUTSIDE LAWYER. AND IT'S IT'S IT'S IT'S IN THIS LOCAL CIRCUIT COURT, BUT IT'S IN THE APPELLATE DIVISION. SO IT WAS AN ACT. IT WAS ACTUALLY LIKE DOING AN APPEAL, EVEN THOUGH IT IS LOCAL TO THE CIRCUIT COURT. SO CIRCUIT COURT JUDGE EWEN ISSUED AN OPINION ON DECEMBER 19TH, 2025, AND HER OPINION FOUND THAT THE CITY COMMISSION DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW AND REMANDED THE CAUSE BACK TO THE CITY COMMISSION FOR ANOTHER HEARING AND REQUIRED COMPLIANCE WITH SECTION 11.0, 1.09, SUBSECTION J, SUBSECTION SIX OF THE CITY'S LAND DEVELOPMENT CODE. AND I JUST WANT TO POINT OUT, I'M GOING TO READ THAT SECTION OF OUR CODE THAT WE NEED TO MAKE SURE THAT WE COMPLY WITH AND FOLLOW TODAY. AND IT SAYS THE DETERMINATION OF THE CITY COMMISSION SHALL BE TO EITHER FIND THE APPLICATION IN COMPLIANCE. IN THE EVENT OF A DETERMINATION OF NONCOMPLIANCE, THE REZONING SHALL BE DEEMED APPROVED. ANOTHER OPTION WOULD BE IN COMPLIANCE, SUBJECT TO STATED CONDITIONS OR MODIFICATIONS, IN THE EVENT OF A DETERMINATION OF COMPLIANCE, SUBJECT TO STATED CONDITIONS OR MODIFICATIONS, THE APPLICANT MAY SUBMIT A REVISED REZONING APPLICATION WITH SUPPORTING DOCUMENTATION TO THE DEPARTMENT WITHIN 45 WORKING DAYS, WHICH COMPLIES WITH SAID CONDITIONS AND MODIFICATIONS. DEVELOPMENT DIRECTOR SHALL REVIEW THE PLAN FOR REFINING OF COMPLIANCE, OR THE THIRD OPTION WOULD BE NOT IN COMPLIANCE. IN THE EVENT OF A DETERMINATION OF NONCOMPLIANCE, THE APPLICATION SHALL BE REJECTED IN THE SPECIFIC REASONS FOR SUCH DETERMINATION WITH REFERENCE TO THE REQUIREMENTS OF THIS CODE SHALL BE STATED IN THE RESOLUTION. AND SO WE DID DO

[00:50:01]

EVERYTHING NEEDS TO BE OFFICIALLY ENTERED INTO THE RECORD, AND TESTIMONY NEEDS TO BE UNDER OATH, AND THE COMMISSIONERS ARE ALSO REQUIRED TO DISCLOSE ANY EX PARTE COMMUNICATIONS THAT OCCURRED PRIOR TO THIS HEARING. SO, MAYOR, IF YOU'LL FOLLOW ALONG WITH THE YELLOW CARD AND I'LL THANK YOU SO MUCH. TURN IT OVER. THANKS. DO ANY OTHER COMMISSIONERS HAVE ANY EX PARTE COMMUNICATIONS TO DISCLOSE? MAYOR, I'VE SPOKEN TO CITY STAFF ABOUT IT, AND I'M HERE WITH AN OPEN MIND. THANK YOU, COMMISSIONER REED. YEAH, WHATEVER I SAID AT THE LAST HEARING WE HAD. AND THEN WE'VE HAD EMAILS SINCE THEN. AND I MADE A FACEBOOK POST, BUT COMMENTS ARE TURNED OFF. THANK YOU, MADAM MAYOR. I HAVE SPOKEN WITH CITY STAFF ABOUT THIS, AND MR. PATEL AND I SERVE ON THE TOURIST DEVELOPMENT COUNCIL TOGETHER FOR MARTIN COUNTY. BUT OBVIOUSLY THIS HAS NEVER BEEN A TOPIC OF DISCUSSION. THANK YOU.

I I'M HERE WITH AN OPEN MIND. I HAVEN'T HAD ANY DISCUSSIONS SINCE THE LAST MEETING, BUT I MUST SAY THAT I APPRECIATE YOUR RECAP AND POINTING TO THE PROCEDURAL POSTURE OF THIS CASE, AND WHERE THE THE FAILURE OF THE LAW OCCURRED, THE THE NOT FOLLOWING THE ESSENTIAL REQUIREMENTS OF THE LAW, BECAUSE THAT IS IMPORTANT TO HAVE IN THE FINDINGS. SO THAT'S IT. LET ME GO THROUGH WITH DOES ANYBODY ELSE HAVE ANY WITNESS? YOU WANT TO DO THAT NOW. YEAH.

I CAN PLACE PEOPLE UNDER OATH. WE'LL. ALL POTENTIAL WITNESSES FOR THE APPLICANT AND CITY STAFF PLEASE STAND. RAISE YOUR RIGHT HAND AND BE SWORN IN. DO YOU AFFIRM THAT THE TESTIMONY THAT YOU WERE ABOUT TO PROVIDE IN THIS HEARING WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO MAY BE SEATED. THANK YOU. DEVELOPMENT DIRECTOR, WILL YOU PLEASE GIVE A BRIEF SUMMARY AND BRING THE ISSUE TO THE TABLE? YES. YES, MAYOR.

GOOD EVENING, BOARD MEMBERS. FOR THE RECORD, MY NAME IS JODI KUGLER, THE DEVELOPMENT DIRECTOR WITH THE CITY OF STUART. TONIGHT I'M PRESENTING AGENDA ITEM NUMBER EIGHT, WHICH IS NOW THREE, AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE URBAN WATERFRONT TO URBAN HIGHWAY ZONING DESIGNATION AT 255 SOUTHWEST SIXTH STREET. PURSUANT TO THE LAND DEVELOPMENT CODE. PUBLIC NOTICES REQUIREMENT ON THE SEPTEMBER 18TH, 2026, THE CITY STAFF DID MAIL NOTICES TO THE ADJACENT OWNERS WITHIN 300FT OF THE SUBJECT PARCEL TO PROVIDE THE UPDATED DETAILS AND REQUESTED PETITION IN A DATE AND TIME OF TONIGHT'S MEETING.

ALSO, THERE'S THREE SIGNS THAT WERE UPDATED AS WELL ON THE PROPERTY. FOR CONTEXT, THE .33 PARCEL AT 255 SOUTHWEST SIXTH STREET IS CURRENTLY VACANT, AND THE. BOUNDED BY THE CRA. THE SITE IS WITHIN THE URBAN OVERLAY ZONING DISTRICT AND COMMUNITY REDEVELOPMENT AREA.

JUST FOR CONTEXT THAT THE PROPERTY IS. FUTURE LAND USE IS DOWNTOWN REDEVELOPMENT AND AS YOU CAN SEE, THE AREA IS GENERALLY USED AS PROVIDED. PERMITTED INCLUDE LOW DENSITY RESIDENTIAL, MULTIFAMILY, RESIDENTIAL, OFFICE, COMMERCIAL RECREATION, LODGING, PUBLIC FACILITIES AND CONSERVATION MIXED USE PROJECTS. AGAIN, THIS IS THE AREA OUTLINED IN RED JUST SHOWING THE PROPOSED FUTURE LAND USE. I'M SORRY, THE DESIGNATED LAND USE AND THE EXISTING ZONING TODAY IS URBAN WATERFRONT, WHICH REFERS TO SPECIAL WATERFRONT ORIENTED USES INCLUDING MARINAS, RESTAURANTS, ENTERTAINMENT, HOTELS, AND HIGHER DENSITY RESIDENTIAL. EXISTING MARINE INDUSTRY USES ARE CONDITIONALLY APPROVED. AGAIN, THIS JUST

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THE PROPOSED ZONING OCCURS ON BOTH SIDES OF SOUTHEAST FEDERAL HIGHWAY AND AS IT TRAVERSES THE URBAN CODE DISTRICT. THIS AREA ALLOWS LARGE FRONT SETBACKS AND HIGH HIGHWAY ORIENTED COMMERCIAL OR HIGH DENSITY RESIDENTIAL USES, WHICH. GENEROUS PARKING LOTS. AGAIN, THE PROPOSED ZONING IS URBAN HIGHWAY. AGAIN, THIS. THIS PROPERTY OR THIS PETITION DID GO TO. THE LOCAL PLANNING AGENCY HELD A PUBLIC HEARING ON JANUARY 16TH, 2025, AND THE BOARD VOTED UNANIMOUSLY, PASSING A MOTION TO AWARD A RECOMMENDATION OF APPROVAL TO THE CITY OF STUART CITY COMMISSION. AND AGAIN, THIS ALSO WENT TO THE COMMUNITY REDEVELOPMENT BOARD, WHO ALSO HELD A PUBLIC HEARING ON FEBRUARY 4TH, 2025 AND VOTED TO UNANIMOUSLY TO FORWARD A MOTION OF RECOMMENDATION OF APPROVAL TO THE CITY OF STUART CITY COMMISSION. AND AT THIS TIME, STAFF IS STILL RECOMMENDING THIS PETITION CONFORMS TO THE CRITERIA OUTLINED IN SECTION 11.0. 1.09 OF THE LAND AND THE STUART LAND DEVELOPMENT CODE FLORIDA STATUTES, AND IS CONSISTENT WITH THE GOALS, OBJECTIVES AND POLICIES OF THE CITY OF STUART. COMPREHENSIVE PLAN AND STAFF IS STILL RECOMMENDING THAT THE CITY COMMISSION ADOPT ORDINANCE NUMBER 20202537-2026 TO APPROVE THE REZONING. THE SUBJECT PARCEL FROM URBAN WATERFRONT TO URBAN HIGHWAY, AND THIS PRECLUDES STAFF'S PRESENTATION.

I WOULD LIKE TO BRING THE APPLICANT'S REPRESENTATIVE, JARED GAYLORD, WILL NOW PRESENT A BRIEF PRESENTATION. THANK YOU. GOOD EVENING COMMISSIONERS. THANK YOU. MAYOR. CLERK YES, THANK YOU FOR HAVING ME THIS EVENING. SOMEWHAT LIKE GROUNDHOG DAY. I WAS HERE A LITTLE BIT AGO, BUT IT'S TAKEN A WHILE TO GET HERE. NEXT SLIDE PLEASE. I'M HERE ON BEHALF OF POLK STREET HOTELS. MY CLIENT, MR. NIMESH PATEL, IS IN THE OFFICE OR IN THE IN THE GALLERY HERE. THIS IS FOR 505 SOUTHWEST FEDERAL HIGHWAY. YOU CAN SEE THE PROPERTY AND THE SURROUNDING NEIGHBORHOOD IN HIGHLIGHTED IN RED. NEXT SLIDE PLEASE. AND THAT'S JUST A ENHANCED AND ENLARGED PORTION OF THE PROPERTY ALONG FRAZIER CREEK. THE PECULIAR PART ABOUT THIS IS THAT YOU CAN GO. NEXT SLIDE PLEASE. THE PECULIAR PART ABOUT THIS PIECE IS THAT THE PORTION OF THE PROPERTY THAT IS ZONED URBAN WATERFRONT DOESN'T ACTUALLY HAVE ANY FRONTAGE ALONG FRAZIER CREEK. THERE'S REALLY NO VIEW CORRIDOR OF THE WATERFRONT FROM FROM EITHER FEDERAL HIGHWAY OR SIXTH STREET. DUE TO THAT LOCATION AND HOW THE ROADS TRAVERSE. SO IT WOULDN'T REALLY ACCOMPLISH THE GOALS OF URBAN WATERFRONT. BY KEEPING THAT IN THAT ZONING DESIGNATION, YOU CAN GO TO THE NEXT SLIDE, PLEASE. AND YOU CAN SEE IT WOULD BE IN THIS. IT'S IN THE IT'S IN THE CORNER THERE JUST NEAR WHERE THE THERE'S A CREMATORIUM BUILDING BECAUSE IT WAS A FORMER FUNERAL HOME WHERE THE PROPERTY IS ACTUALLY ZONED URBAN WATERFRONT. SO AGAIN, YOU CAN'T REALLY GARNER A VIEW OF FRAZIER CREEK. THERE'S NO REAL OPPORTUNITY FOR A VISTA OR ANYTHING LIKE THAT. YOU CAN GO TO THE NEXT SLIDE, PLEASE. THIS IS JUST A PICTURE OF THE EXISTING CONDITIONS. IT'S ACTUALLY INTERESTING THAT IN YOUR COMPREHENSIVE PLAN, THERE IS A A RECOMMENDATION TO IMPROVE BLIGHTED PROPERTIES. THIS IS CERTAINLY ONE OF THOSE PROPERTIES THAT WE WOULD LIKE TO SEE IMPROVED AND BE USEFUL FOR THE CITY IN TERMS OF TAX REVENUE FOR THE CITY. NEXT SLIDE PLEASE. THIS IS A SURVEY. AGAIN, THE PORTION OF THE PROPERTY TO BE REZONED IS IN THAT LOWER RIGHT CORNER, WHICH IS THE SOUTH EAST CORNER, THAT THE ENTIRE SITE IS ABOUT 1.58 ACRES. BUT WHAT WE'RE REQUESTING TO BE REZONED IS 0.33 ACRES. NEXT SLIDE PLEASE. THIS IS JUST THE EXISTING SITE CONDITIONS AGAIN SHOWING THE CREMATORIUM AND THE EASTERN SIDE OF THE PROPERTY, AND THEN THE FUNERAL HOME ON THE WESTERN SIDE OF THE PROPERTY. CITY STAFF. WHEN MY CLIENT ORIGINALLY PROPOSED THIS REDEVELOPMENT, SUGGESTED AND REQUIRED US TO FILE A UTILITY OF TITLE. THIS IS WHY WE FILED

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NEXT SLIDE. AND SO WE'RE WE'RE ESSENTIALLY REQUESTING THAT THE SITE BE COMPLIANT OR CONSISTENT THROUGHOUT, RIGHT? SO INSTEAD OF HAVING AN URBAN WATERFRONT DESIGNATION, WE'RE GOING TO BE URBAN HIGHWAY ALL THROUGHOUT. I'LL, I'LL SHOW THE DEFINITIONS THAT YOU HAVE IN YOUR LAND DEVELOPMENT CODES. WE HAVE AN URBAN HIGHWAY CURVES ON BOTH SIDES OF SOUTHEAST FEDERAL HIGHWAY AS IT TRAVERSES THE URBAN CODE DISTRICT. THIS ALLOWS LARGE FRONT SETBACKS.

HIGHWAY ORIENTED COMMERCIAL OR HIGH DENSITY RESIDENTIAL USES WITH GENEROUS PARKING LOT.

URBAN WATERFRONT REFERS TO SPECIAL WATERFRONT ORIENTED USES, INCLUDING MARINAS, RESTAURANTS AND HOTELS, AND HIGHER DENSITY RESIDENTIAL. SIMILAR USES BETWEEN THE TWO DESIGNATIONS. RIGHT. SO IT'S NOT NECESSARILY A USE ISSUE. IT'S THE DEVELOPMENT STANDARDS THAT WE HAVE FOR BOTH THAT ARE CONTRADICTORY. RIGHT. NEXT SLIDE PLEASE. THIS IS THE URBAN HIGHWAY DEVELOPMENT STANDARDS. SO WE HAVE THE PARKING AS AN ISSUE RIGHT. ALL PARKING AREAS SHALL BE LOCATED BEHIND THE REAR FACADE OF THE PRINCIPAL BUILDING OR SCREENED FROM PUBLIC RIGHTS OF WAY BY STREET, WALL TRELLIS OR OTHER SCREENING APPROVED BY THE CITY DEVELOPMENT DIRECTOR OR LANDSCAPE BUFFER. THE PARKING SHALL BE SET BACK FROM THE FRONT. PUBLIC RIGHT OF WAY, A MINIMUM DISTANCE OF EQUAL TO 40% OF THE LOT DEPTH. AND THEN AT URBAN HIGHWAY, THE FRONT BUILDING FACADE SHALL BE CONSTRUCTED PARALLEL TO THE STREET ALONG THE FRONT PROPERTY LINE, WITH A MINIMUM SETBACK OF 15FT AND MAXIMUM SETBACK OF 40FT. SO WE'RE PUTTING THE USE ALONG FEDERAL HIGHWAY, WHICH WE WOULD ANYWAYS BECAUSE THAT PORTION OF THE PROPERTY IS ZONED URBAN HIGHWAY. SO AGAIN, THIS IS A LITTLE COMMON SENSE AT LEAST TO ME. NEXT SLIDE PLEASE. ONE OTHER THING THAT I THINK IS WORTH RAISING IS THAT URBAN WATERFRONT DOES HAVE A REQUIREMENT FOR VISTA. VISTA SHALL BE DESIGNATED AREA ALONG THE SIDE OF A PROPERTY THAT PROVIDES AN UNOBSTRUCTED VIEW FROM ANY PUBLIC RIGHT OF WAY TO THE SAINT LUCIE RIVER OR ITS TRIBUTARIES. HAVING THIS VISTA WOULD NOT ACCOMPLISH THAT GOAL BECAUSE IT IS NOT A LONG. FRAZIER CREEK. THE PORTION OF THE PROPERTY THAT IS ZONED URBAN WATERFRONT. YOU WOULD HAVE TO BE LOOKING TO THE PROPERTY TO THE EAST, WHICH IS ALSO ZONED URBAN WATERFRONT TO SEE IT. YOU WOULD ALSO YOU WOULD HAVE TO STOP AT US ONE AND CLEAR CUT NOT ONLY THIS PROPERTY, BUT ALSO THE NEIGHBORS TO THE EAST HAVE ANY VANTAGE POINT FROM US ONE. SO KEEPING THIS AS AN URBAN WATERFRONT FOR TO CREATE A VISTA IS ABSURD. NEXT SLIDE PLEASE. I KNOW THAT MR. BAGGETT RAN THROUGH THE TIMELINE EARLIER. AN APPLICATION FOR THE ZONING MAP CHANGE WAS MADE IN OCTOBER OF 2020 FOR THE LOCAL PLANNING AGENCY MADE A MOTION TO APPROVE UNANIMOUSLY FIVE ZERO. CITY COMMISSION HAD A FIRST READING TO APPROVE FIVE ZERO DEVELOPMENT. REDEVELOPMENT BOARD ALSO HAD A MOTION TO APPROVE FIVE ZERO. AND THEN THE LAST MEETING THAT I HAD BEFORE THIS MISSION, WE WERE MY CLIENTS REQUESTED REZONING WAS DENIED THREE TWO. NEXT SLIDE PLEASE. MY CLIENT THEN DID A PETITION FOR WRIT OF CERTIORARI WITHIN THE CIRCUIT COURT FOR THE 19TH JUDICIAL CIRCUIT HERE, WHICH IS AN APPEAL OF THOSE PROCEEDINGS WHICH ESSENTIALLY STATED THAT. AND THEN IN DECEMBER, AS MR. BAGGETT NOTED, THE COURT GRANTED RELIEF FOR OUR CLIENT. I BELIEVE CITY REQUESTED A MOTION FOR A REHEARING OF THAT APPLICATION, AND THAT WAS QUASHED. SO IT WAS NOT APPROVED BY THE JUDGE. AGAIN, THAT BASIS FOR THE DENIAL WAS ON TWO FACTORS.

RIGHT? ONE WAS IT WAS A DEPARTURE FROM THE CITY'S CODE. RIGHT. WHICH REQUIRES IF YOU'RE GOING TO DENY AN APPLICATION, YOU HAVE TO DO THREE THINGS OR ANY APPLICATION. THERE ARE THREE OPTIONS FOR THE CITY. ONE, APPROVE THE APPLICATION. TWO APPROVE WITH CONDITIONS OR THREE DENY. BUT LIST THE REASONS FOR DENIAL AND AND PROVIDE IN YOUR CODE WHY IT DOES NOT MEET YOUR CODE. AND THE SECOND PORTION WAS THAT THERE WAS NO COMPELLING, SUBSTANTIAL EVIDENCE OR COMPETENT, SUBSTANTIAL EVIDENCE THAT THAT WAS PRESENTED INTO

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THAT'S YOUR DISCRETION. BUT AGAIN, ARE THOSE PART OF YOUR JUSTIFICATION? YES, THAT IS THE JUSTICE. JUST READ THE TITLES OR OR THE THE REFERENCES. SURE. STANDARD A THE EXISTING LAND USE PATTERN. AGAIN, THE EXISTING LAND USE PATTERN HERE DOES KEEP IT AS AN URBAN WATERFRONT DESIGNATION MAKE NO SENSE. IT'S NOT ACCOMPLISHING THE GOAL OF THAT DISTRICT AS IT DOESN'T HAVE ANY FRONTAGE ON THE ON FRAZIER CREEK. WE'RE NOT GOING TO BE PUTTING A MARINA THERE, OBVIOUSLY, BECAUSE IT DOESN'T HAVE ANY FRONTAGE WITH FRAZIER CREEK. AND HAVING A VISTA ACTUALLY WOULD PROBABLY BE BETTER SERVED IF WE USED AN URBAN WATER OR URBAN HIGHWAY, EXCUSE ME DESIGNATION, BECAUSE BY SHIFTING THE STRUCTURE CLOSER TO FEDERAL HIGHWAY, YOU WILL NOT HAVE A BUILDING OBSTRUCTING FRAZIER CREEK, WHICH I WOULD OPINE WOULD BE BETTER FOR THE RESIDENTS OF STEWART CAY AND ALSO THE ONE RESIDENT THAT'S JUST EAST OF THE URBAN WATERFRONT. DESIGNATION MAY BE THE POSSIBLE CREATION OF AN ISOLATED DISTRICT UNRELATED TO ADJACENT AND NEARBY DISTRICTS. WHILE THIS PROPERTY IS IMMEDIATELY ADJACENT TO A WATER AND URBAN WATERFRONT DESIGNATION, THAT PROPERTY ACTUALLY ABUTS FRAZIER CREEK AND HAS FRONTAGE ON FRAZIER CREEK. THIS DOES NOT. SO IT IS DIFFICULT FOR US TO FULFILL THE GOALS AND THE DEFINITIONS OF THE CODE FOR URBAN WATERFRONT WHEN IT DOESN'T HAVE FRONTAGE. FRAZIER CREEK. NEXT SLIDE PLEASE. THE POPULATION DENSITY PATTERN OF THE AREA AND POSSIBLE INCREASE OR OVERTAKING OF THE LOAD ON PUBLIC FACILITIES SUCH AS SCHOOLS, UTILITIES AND STREETS. AGAIN, MOST OF THE USES, OR A LOT OF THE USES IN THE TWO URBAN, WATERFRONT AND URBAN HIGHWAY DISTRICTS ARE SIMILAR, RIGHT? SO A HOTEL IS PERMITTED IN BOTH. RIGHT. AND HOTELS ALSO DON'T PROVIDE PROVIDE ANY POPULATION INCREASE. THEY ARE PEOPLE THAT COME TO THIS TO THIS CITY. RIGHT. THE THE STANDARD D, THE POSSIBLE OVERLOADING OF THE CITY'S SEWAGE COLLECTION, TREATMENT OR DISPOSAL FACILITIES. AGAIN, IF THE USES ARE VERY SIMILAR, WE'RE NOT GOING TO HAVE MORE SEWAGE COLLECTION WITH ONE DISTRICT RATHER THAN THE OTHER. NEXT SLIDE PLEASE. STANDARD E THE POSSIBLE OVERLOADING OF THE CITY'S DRAINAGE SYSTEM. AGAIN, USES ARE VERY SIMILAR HERE. SO YOU CAN'T SAY THAT BECAUSE THIS USE, YOU KNOW, DOES NOT EXIST. AND THE URBAN HIGHWAY OR URBAN WATERFRONT DESIGNATION IS SOMEHOW GOING TO BE DIFFERENT. F THE EXISTING DISTRICT BOUNDARIES IN RELATION TO THE EXISTING CONDITIONS ON THE SITE ARE SUBJECT PROPERTY. AGAIN, THE EXISTING DISTRICT BOUNDARIES FOR THAT 0.33 PROPERTY ARE SOMEWHAT ANOMALOUS, RIGHT? IT DOES NOT HAVE ANY FRONTAGE WITH FRAZIER CREEK. I UNDERSTAND THAT THERE ARE SOME OTHER PROPERTIES IN THE CITY THAT MAY NOT ABUT A, YOU KNOW, A WATERFRONT THAT HAVE THIS DESIGNATION. HOWEVER, MANY OF THOSE ARE LOCATED ON STREETS WHERE YOU CAN ACTUALLY MAYBE GET A VISTA OR A VIEW OF EITHER SAINT LUCIE RIVER OR ANY OF THE TRIBUTARIES THEREOF. THIS IS NOT POSSIBLE WITH THIS THIS SITE, DUE TO THE EXISTING CONDITIONS. G THE EXISTENCE OF CHANGED OR CHANGING CONDITIONS WHICH WILL MAKE THE PASSAGE OF THE PROPOSED REZONING NECESSARY AND APPROPRIATE. IT WOULD MAKE SENSE. THE URBAN CORRIDOR IN THIS AREA IS BECOMING MORE URBAN, AND IT HAS BEEN URBAN FOR A LITTLE BIT OF TIME. IT WOULD MAKE SENSE THAT EVERYTHING WOULD BE CONSISTENT FOR THIS SITE, FOR MY CLIENT. SO THEY DON'T HAVE TWO COMPETING ZONING REGULATIONS.

NEXT SLIDE PLEASE. H THE IMPACT OF PROPOSED REZONING ON LIVING CONDITIONS IN THE ADJACENT NEIGHBORHOOD. AGAIN, THIS IS, YOU KNOW, SOMEWHAT OF A BUSY AREA ON FEDERAL HIGHWAY ON US ONE THERE IS COMMERCIAL IT IS A COMMERCIAL AREA OF. STUART. IT HAS BEEN THAT WAY FOR A WHILE.

IT'S IT'S SOMETHING THAT THE RESIDENTS NEARBY HAVE BEEN USED TO, AGAIN, DOING A URBAN WATERFRONT DESIGNATION FOR THIS SITE WOULD PROBABLY RESULT IN MORE IMPACTS BY SHIFTING THAT STRUCTURE'S LOCATION TOWARDS FRAZIER CREEK, RESULTING IN MORE VISUAL IMPACTS ON SURROUNDING COMMUNITIES. I THE IMPACT OF REZONING ON THE FLOW OF LIGHT AND AIR TO SUBJECT OR TO ADJACENT AREAS. THIS REALLY IS THE MOST IMPORTANT ONE, I THINK, OF THE STANDARDS FOR

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WHEN I SEE WE DO A LOT OF REAL ESTATE TRANSACTIONS, WHEN I SEE CLIENTS PURCHASING SINGLE FAMILY RESIDENTIAL HOMES FOR ABOUT $800,000, AND THEN THEY TELL ME WE'RE GOING TO AIRBNB THIS. I THINK THAT WE PROBABLY NEED A LITTLE BIT MORE HOTELS, AND MAYBE THAT MIGHT HELP A LITTLE BIT WITH THE SINGLE FAMILY HOME AFFORDABILITY CRISIS, BECAUSE THEN WE CAN HAVE SOME ROOMS TO RENT OR NOT RENT, BUT ROOMS FOR PEOPLE TO STAY WHEN THEY COME VISIT THIS AREA. RIGHT. THAT WILL BE HELPFUL FOR THIS CITY TO HELP DRIVE ECONOMIC DEVELOPMENT. I'M HAPPY TO ANSWER ANY QUESTIONS THE COMMISSION MAY HAVE. AND IF YOU HAVE ANY COMMISSION OR QUESTIONS FOR MY CLIENT, I'M ALSO HAPPY TO TURN. THANK YOU, MR. GAYLORD. AND SO, COMMISSIONERS, DO YOU HAVE ANY QUESTIONS FOR STAFF OR FOR THE APPLICANT? YOU CAN EITHER PUT UP YOUR. OKAY, MR. REED, YOUR BUTTON IS ON. YEAH, I GOT A QUESTION. JODY. ON THE BUILDING HEIGHT, IT MENTIONS 45 FOOT. BUT IS THERE ANYTHING THAT STOPS THIS APPLICANT FROM DOING ADMINISTRATIVE VARIANCES TO EXCEED THIS BUILDING HEIGHT? SO COMMISSIONER REED, I'M GOING TO RESPOND. THIS REALLY DOESN'T PERTAIN TO THIS PARTICULAR APPLICATION. THAT'S ONLY FOR THE REASON WE'RE ONLY ASKING FOR THE REZONING AT THIS TIME. THEY WOULD BE BRINGING IN A DEVELOPMENT PLAN THAT WOULD MEET THE REQUIREMENTS. AND ANSWER. THE QUESTION IS, IS ADMINISTRATIVE VARIANCES NOT ALLOW YOU TO MOVE A HIGHER HEIGHT WITHOUT APPROVAL TO THE CITY COMMISSION? IS THERE ANY BUILDING IN THE CITY OF STUART THAT EXCEEDS 45 FOOT? BESIDES THE HOSPITAL CURRENTLY? ONE THAT I'M FAMILIAR WITH, WHICH IS THE. THE ATLANTIC POINT MARINA. THEY DID COME IN AT 60FT AND THAT WAS THROUGH A SPECIAL THAT WAS THROUGH A CONDITIONAL USE WAS APPROVED BY THIS BOARD. OKAY, THANKS. THAT'S ALL MY QUESTIONS FOR NOW.

I CAN TELL YOU THAT STERLING TOWER IS MORE THAN 45FT BECAUSE THE. THE CODE IS 45FT OF HABITABLE OR THE FIRST. THE THE FOURTH FLOOR CAN'T BE TALLER THAN 45FT, BUT THE CODE ALLOWS FOR UP TO 59FT OF AIR CONDITIONING DUCTS OR WHATEVER, THE ATTIC SPACE OR WHATEVER.

BUT IT CAN'T BE HABITABLE, RIGHT? OKAY. ALL RIGHT. THAT'S ALL I HAVE. THANK YOU, COMMISSIONER REED. ANY OTHER COMMISSIONERS WITH COMMENTS? COMMISSIONER RICH, COULD YOU RETURN HERE? SO HOW MUCH SHORELINE DO YOU HAVE ON FRAZIER CREEK? CAN WE GO BACK TO THE SURVEY? AND WE SHOULD BE ABLE TO SEE THAT THERE IS SHORELINE FOR THE REMAINDER OF THE PROPERTY THAT'S ZONED URBAN HIGHWAY, BUT THERE IS NONE FOR THE URBAN WATERFRONT, AS I COULD PROBABLY TRY TO TAKE A LOOK AT THIS. SORRY, IS THERE A WAY TO I CAN I CAN TELL YOU YOU CAN. IS THERE A WAY TO GIVE ME A ROUGH GUESS? ENLARGE THAT PORTION. IT'S A IT'S ABOUT 100FT ON FRAZIER CREEK. OKAY. FOR THAT TRIANGULAR CURVED PORTION. DID YOU SPEAK TO THE RESIDENTS OF THE COMMUNITY ACROSS THE CREEK AT THE LP A MEETING? YES, MANY, MANY YEARS AGO. OKAY. I DID SPEAK TO SOME. AND WHAT IS THEIR PREFERENCE? THEY WOULD LIKE TO SEE THIS HOTEL PUSHED PUSHED AS CLOSE TO US ONE AS POSSIBLE. THAT'S CORRECT. YES. HAVE THEY

[01:15:01]

SO IN THAT APPROXIMATE 100FT, AS YOU KNOW, AND IT CAME UP TODAY, AGAIN, WE'RE TRYING TO CLEAN THESE CREEKS UP. AND I KNOW THE OWNER OF THE HILTON HAS AGREED TO THIS. WOULD YOU AGREE TO BE RESPONSIBLE FOR MAINTENANCE, MAINTENANCE, TRIMMING OF THE MANGROVES ALONG THE CREEK TO AS GREAT A DEGREE AS POSSIBLE ON AN ANNUAL BASIS ALONG OUR PORTION OF. YES, I WOULD THINK THAT MAY BE ACCEPTABLE, BUT I WOULD DEFER TO MY CLIENT. AND AGAIN, THAT'S A SOMEWHAT OF A SITE DEVELOPMENT ISSUE. MAYBE I CAN SEE YOU HAVE YOU HAVE ONE. THE PICTURE WAS TAKEN TWO YEARS AGO. YOU HAVE ONE THAT'S REALLY CREATING A CHOKE POINT THERE ON FRAZIER CREEK. THAT'S NOT. ON THE OTHER SIDE ON THE STEWART CASE. NO, NO, OBVIOUSLY YOU CAN ONLY TRIM THE ONES THAT ARE ON YOUR PROPERTY. RIGHT. SO SO YES, IT SEEMS LIKE ON OUR SIDE OF THE PROPERTY. I MEAN, THERE ARE LIMITATIONS ON HOW MUCH YOU CAN CUT EACH AND EVERY CUT BACK.

YES, THERE ARE RIGHT AND HEIGHT ENVIRONMENTAL REGULATIONS ABOUT HOW MUCH YOU CAN WRITE. YES. SO.

ACTUALLY, I MEAN RICH WOULD THAT. SO THEY'RE AGREEING TO THAT CONDITION. BUT THAT WOULD GO TO THE CONDITION WITH THE WITH THE REDEVELOPMENT OF THE PROPERTY. THAT WOULD PROBABLY COME IN AS A MINOR DEVELOPMENT PLAN. OKAY. SO BUT WE DID HEAR YOUR CONDITION AND I'LL MAKE SURE THAT WE ADHERE TO THAT. OKAY. THANKS, COMMISSIONER MATHESON. THANK YOU. MY BIGGEST CONCERN, HAVING SPOKEN TO A LOT OF THE NEIGHBORS AROUND THERE, IS IS FLOODING. AND ARE THERE DIFFERENCES ON THE STORMWATER BETWEEN THE TWO ZONING ISSUES? I KNOW WE'RE FOCUSED ON ZONING HERE, BUT. JODY, DO YOU KNOW IF THERE'S ANY DIFFERENCES IN THE TWO CURRENT DISTINCTIONS OF HOW STORMWATER IS TREATED? COMMISSIONER MATHESON THEY WOULD BE TREATED THE SAME. THEY WOULD STILL HAVE TO MAINTAIN ALL STORMWATER ON THEIR PROPERTY OR IMPROVE WHATEVER EXISTING CONDITIONS THEY ARE TODAY. OKAY, SO WE'VE BEEN BRINGING ANY FILL IN TO GET THE SITE 18IN ABOVE THE CROWN OF THE ROAD. BOTH ZONING PARCELS WOULD HAVE TO KEEP ALL THE FLOOD, ALL STORMWATER ON THEIR SITE. COMMISSIONER MATHESON THAT IS CORRECT. THEY WOULD HAVE TO ADDRESS IT REGARDLESS IF THEY WERE URBAN WATERFRONT OR URBAN HIGHWAY. OKAY, THAT'S THAT'S MY BIGGEST CONCERN. I KNOW I'VE SPOKEN TO SOME OF THE NEIGHBORS, MR. PATEL, AND THEY ARE SUPPORTIVE OF THE PROJECT, BUT STORMWATER IN THAT AREA, NOT ONLY FOR THE HEALTH OF THE CREEK BUT ALSO FOR THE SURROUNDING PROPERTIES, IS SHOULD ALWAYS REMAIN ONE OF THE TOP PRIORITIES FOR PLANNING. MR. BAGGETT, AND YOU CAN STAY RIGHT THERE, MR. GAYLORD, WE ARE HERE ON THIS PARTICULAR MATTER, AND WE HAD. A RULING THAT SAID THAT THERE WERE WE DID NOT FOLLOW THE ESSENTIAL REQUIREMENTS OF THE LAW. AND WE DO HAVE THE THE BOARD ITEM. AND I JUST WANT TO MAKE SURE THAT IF AND WHEN SOMETHING IS VOTED ON TODAY, THAT WE HAVE CONSIDERED ALL OF THE THINGS THAT NEED TO BE CONSIDERED TO AMEND THIS ZONING MAP AND TO ENSURE THAT WHENEVER THE ZONING FROM WHAT URBAN WATERFRONT TO URBAN HIGHWAY THAT WE'VE MET ALL OF THE REQUIREMENTS. AND I KNOW MISS JODY JUST WENT THROUGH A BUNCH OF STUFF. IS THERE ANYTHING. NO. SO WHEN I GO BACK TO THE CODE WHERE THE JUDGE SAID THAT WE FAILED TO ADHERE TO OUR OWN CODE, AND REMEMBER, THERE ARE THREE OPTIONS AND I PROBABLY NEED TO STATE THAT IT'S MY OPINION THAT IT'S GOING TO BE THE FIRST OR THE THIRD OPTION. IT'S MY OPINION THAT YOU CAN'T DO. YOU CAN'T APPROVE THIS SUBJECT TO CONDITIONS. IT'S EITHER YES OR NO. AND IF IT'S NO, YOU GOT TO GIVE REASONS WHY IT'S NO. IF IT'S YES, THE CODE DOESN'T REQUIRE GIVE REASONS. YES. AND AND I DON'T THINK THE APPLICANT NECESSARILY CARES. THEY JUST IF IT'S. YES, THEY DON'T HAVE THEY DON'T WORRY ABOUT THE REASONS. BUT IF THE BOARD IS INCLINED TO VOTE NO AGAIN OR TO DENY THE REZONE THAT WE DO NEED TO STATE SPECIFIC REASONS FOR SUCH DETERMINATION. AND THEY'VE GOT TO BE COMPETENT, BASED UPON COMPETENT, SUBSTANTIAL EVIDENCE, IS WHAT THE JUDGE SAID. YOU KNOW, IF THEY COME BACK TO REDEVELOP THE PROPERTY, RIGHT NOW WE'RE JUST REZONING. THERE'S THREE PARCELS. THEY COMBINE THREE PARCELS TOGETHER.

THEY OBVIOUSLY WANT TO DEVELOP SOMETHING ON THE THREE PARCELS TOGETHER AND THE BUILDING IN

[01:20:07]

WE'RE NOT DOING A COMPREHENSIVE LAND USE CHANGE, ONLY REZONING ONE OF THE THREE PARCELS TO BE CONSISTENT. YOU KNOW, IF THEY REDEVELOP THE PROPERTY, I MEAN, THEY COULD REZONE THIS AND JUST NEVER REDEVELOP THE PROPERTY. AND THEY JUST HAVE THREE PARCELS. BUT IF THEY REDEVELOP IT, THEY'RE GOING TO HAVE TO SUBMIT AN APPLICATION WITH JODY TO REDEVELOP IT. IF IF IT'S GOING TO IF THEY'RE GOING TO TRY AND GO STRAIGHT ZONING, LET'S SAY HYPOTHETICALLY, YOU GUYS ARE PROVEN. ALL THREE OF THEM ARE URBAN WATERFRONT, I'M SORRY, URBAN HIGHWAY. THEY'RE GOING TO HAVE TO COME BACK IN IF THEY'RE GOING TO TRY AND DO STRAIGHT ZONING, THEY'RE GOING TO HAVE TO COMPLY WITH ALL THE REQUIREMENTS OF URBAN WATERFRONT, URBAN HIGHWAY. I KEEP GETTING IT MIXED UP. SORRY, FOLKS. SO AT THAT POINT IN TIME, IF THEY HAVE TO DEVIATE FROM THE CODE, THEY'D COME BACK FOR A CONDITIONAL USE. AND THAT WOULD BE A TIME WHERE YOU COULD PLACE CONDITIONS LIKE THE STORMWATER AND THE HEIGHT RESTRICTIONS LIKE COMMISSIONER RIDGE WAS BRINGING UP. THAT WOULD BE THE TIME THAT YOU WOULD HAVE, OR IF THEY HAD TO REZONE IT AGAIN TO A PUD, BECAUSE THEY CAN'T DO IT WITHIN STRAIGHT ZONING, THAT WOULD BE THE TIME TO HAVE CONDITIONS AND TO NEGOTIATE. BUT AT THIS POINT, LIKE I SAID, IT'S, IT'S, IT'S PRIMARILY, ARE YOU GOING TO REZONE IT OR NOT? AND IF, IF YOU'RE GOING TO SAY YES, YOU DON'T NEED TO GIVE REASONS. BUT IF YOU SAY NO, YOU GOT TO STATE THE REASONS. THANK YOU. I DON'T HAVE ANY MOTION. SO DO YOU HAVE ANY ADDITIONAL EVIDENCE THAT YOU'D LIKE TO PRESENT PUBLIC COMMENT STAFF? DO WE HAVE ANY ADDITIONAL EVIDENCE? MAYOR, I DO NOT. ALL RIGHT. I AM GOING TO GO TO THE PUBLIC. THE PRESENTATION. YEAH. LET'S ANNOUNCE THAT THE EVIDENCE PART IS CLOSED. HE DIDN'T HAVE ANY. HE DIDN'T HAVE ANY ADDITIONAL PRESENTATIONS. RIGHT. LET'S JUST GO TO STEP TEN IF YOU WOULD. MAYOR. YEAH. STEP TEN. SO OKAY. SO THEN YOU HAVE NO ADDITIONAL PRESENTATION. YOU HAVE NOTHING. SO WE'RE GOING TO CLOSE THIS PART OF THE HEARING AND THEN WE'LL GO TO THE PUBLIC. RYAN STROME. GOOD EVENING, MAYOR CLARK AND COMMISSIONERS.

MY NAME IS RYAN STROM. I'M A BUSINESS OWNER IN THE CITY OF STUART AND ALSO A CITY OF STUART RESIDENT. I WAS A MEMBER OF THE LOCAL PLANNING AGENCY FOR 18 YEARS UNTIL THIS PAST DECEMBER. I KNOW THE APPLICANT. I DON'T HAVE ANY BUSINESS INTERESTS OR FINANCIAL DEALINGS WITH HIM. I WAS ON THE LPA WHEN WE UNANIMOUSLY APPROVED THIS, AND I STILL DON'T UNDERSTAND WHY THE THE RATIONALE FOR THE COMMISSION NOT APPROVING IT AFTER OUR APPROVAL IN THE CRB APPROVAL. I THINK THAT THE ATTEMPT TO RESTRICT THE DEVELOPMENT OF THIS PARCEL BAFFLES ME. COMMON SENSE SENSE SHOULD INDICATE A REZONING FROM UW TO U.H IS NOT ONLY LOGICAL, BUT IT'S APPROPRIATE. IT'S A BLIGHTED PARCEL. LIKE MR. GAYLORD MENTIONED, THIS PROJECT

[01:25:04]

SAY YOUR PIECE. OKAY, SO WE HAVE THE BOARD MEMBERS HERE. WE HAVE OUR COMMISSIONERS. AND AT THIS TIME I'M ASKING FOR A MOTION. MAYOR, I MOVE APPROVAL OF ORDINANCE NUMBER 2537-2026.

AMENDMENT TO THE OFFICIAL ZONING ATLAS FOR OAK STREET HOTELS. THAT'S A MOTION. IS THERE A SECOND? YES, I'LL SECOND, THERE'S BEEN A MOTION IN A SECOND REGARDING ORDINANCE NUMBER 2537-2026. THE ORDINANCE TITLE HAS BEEN READ. I DID ASK FOR COMMENTS FROM THE PUBLIC, BUT WE CAN ALWAYS ASK AGAIN. AND WE CAN ALWAYS DELIBERATE AGAIN. IS THERE ANYTHING THAT NEEDS TO BE DELIBERATED BEFORE WE VOTE, OR DOES ANY MEMBER OF THE PUBLIC. MR. MR. COMMISSIONER RIDGE, SORRY. YES. YOU KNOW, THE CITY IS REALLY UNDER HOTEL AND WHAT HAPPENS WHEN YOU. WEBSTER'S WORD. NO, I IT'S A WORD THAT'S SUFFICIENT. BUT WHAT HAPPENED? IN FACT, I JUST HEARD AN INTERESTING STATISTIC THAT DURING SEASON THE CURRENT HOTELS IN STUART OR MAYBE IT'S EVEN MARTIN COUNTY ARE 90% FULL, WHICH IS VERY HIGH RATE. IT'S MUCH HIGHER THAN THE AVERAGE RATE AROUND THE COUNTRY. AND WHAT HAPPENS WHEN YOU'RE UNDER HOTELS? IT WHAT IT DOES PROMOTE, AS WAS MENTIONED, AIRBNBS AND THESE RENTAL HOMES IN OUR NEIGHBORHOODS, WHICH WE HAVE THANKS TO THE STATE, WE HAVE VERY LITTLE CONTROL OVER. SO IN ORDER FOR US TO GET A HANDLE ON THIS, THIS IS ONE OF THE BEST WAYS TO DO IT. AND TO NOT HAVE THESE HOTEL ROOMS. I KNOW THIS FROM EXPERIENCE AT THE SAILING CENTER, WE WOULD HAVE SO MANY FAMILIES WHO JUST WOULD NOT STAY IN STUART. THEY REFUSED TO STAY IN THOSE HOTELS. THE ONES ON SOME OF THE OTHER ONES. AND SO IT'S A REAL LOSS OF BUSINESS OPPORTUNITY FOR THE CITY. SO I'M GLAD TO SEE THAT THIS OPPORTUNITY HAS COME FORWARD. AND WE SHOULD DEFINITELY TAKE ADVANTAGE OF IT. THANK YOU, COMMISSIONER RICH. I KNOW I SEE NO LIGHTS FROM ANY OF THE COMMISSIONERS. I DON'T HAVE A LIGHT UP HERE, BUT I DO WANT TO BRING THIS UP. ALSO. YOU MENTIONED ABOUT THE I THINK ONE TIME WE HAD SOMETHING LIKE THIS COME UP WITH THE REZONING, AND ONE OF OUR COMMISSIONERS ASKED IF SOMEBODY COULD GET A GET A REFUND FOR ALL THE TIME AND EFFORT THAT THEY SPEND. I'M NOT GOING TO ENCOURAGE ANY ANYBODY TO DO ANY, ANY PARTICULAR THING, BUT I JUST THINK THAT WHENEVER THESE FOLKS COME IN, IF THEY IF, IF, IF THIS THING PASSES AND IF THEY'RE GOING TO BE GOING THROUGH WITH THE DEVELOPMENT THAT WE KNOW WE NEED TO BE, THEY'VE IF THEY'VE GONE THROUGH A YEAR, YEAR MORE, BUT MORE THAN A YEAR, TWO YEARS. AND SO WHATEVER THE RESULT IS TONIGHT, I JUST WANT TO MAKE SURE THAT WE. HONOR. WE WORK WITH THOSE WHO ARE TRYING TO DO SOMETHING TO CREATE BUSINESS IN OUR CITY. SO THERE'S NO OTHER

[01:30:08]

NO. AND MAYOR CLARK. YES. THE MATTER IS CONCLUDED. THERE WAS A THREE ONE VOTE IN FAVOR OF THIS MATTER. THANK YOU. NEXT ITEM IS ITEM NUMBER TWO. AND THIS IS THE THE FOR THE FOR THE

[2. WRF HEADWORKS REHABILITATION PHASE 2 - ITB 2026-105 (RC): RESOLUTION No. 61-2026; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA APPROVING THE AWARD OF ITB 2026-105 (055002), CITY OF STUART WRF HEADWORKS REHAB PHASE 2 PROJECT TO LAWRENCE LEE CONSTRUCTION SERVICES, INC. AS THE LOWEST, MOST RESPONSIVE AND RESPONSIBLE BIDDER WITH A TOTAL UNIT PRICE OF $3,032,000; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ]

2026-105 IN PARENTHESES 055002 IN PARENTHESES. CITY OF STUART WRF HEAD WORKS REHAB PHASE TWO PROJECT TO LAWRENCE LEE CONSTRUCTION SERVICES INC AS THE LOWEST, MOST RESPONSIVE AND RESPONSIBLE BIDDER WITH A TOTAL UNIT PRICE OF $3,032,000 PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THIS SOLICITATION WAS ADVERTISED IN THE PALM BEACH POST ON AUGUST 5TH, 2026 AND RELEASED SIMULTANEOUSLY ON OPEN GOV PROCUREMENT, WHO NOTIFIED 1286 POTENTIAL BIDDERS. 85 POTENTIAL BIDDERS DOWNLOADED THE BID SPECIFICATIONS. TWO BIDS WERE RECEIVED BY THE BID OPENING OF 2 TO 2:00 PM ON SEPTEMBER 4TH, 2026. OUR SPECIFICATIONS TWO BIDS WERE RECEIVED BY THE BID OPENING. SORRY. REREADING THIS, OUR CONSULTING ENGINEER CAROLLO ENGINEERS, INC. THE CITY'S ENGINEER OF RECORD FOR THIS PROJECT, HAS RECOMMENDED AWARD TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR A TOTAL OF 3,032,000. THANK YOU. IS THERE ANY COMMENT BY OUR COMMISSIONERS ON THIS MATTER? HELLO. MADAM MAYOR, I MOVE APPROVAL OF RESOLUTION NUMBER 61-2026. HEADWORKS REHAB HEADWORKS REHABILITATION, PHASE TWO. THERE'S A MOTION. IS THERE A SECOND ON THAT MOTION? SECOND. SECONDED BY COMMISSIONER MATHISON. I'LL GO TO THE PUBLIC AND ASK IF THEY HAVE ANY COMMENT ON THIS MOTION. TO APPROVE RESOLUTION NUMBER 61-2026. ANY COMMENTS FROM THE PUBLIC? MAYOR? I HAVE NONE. ANY COMMISSIONERS? HAVE ANY OTHER COMMENTS? NO. MADAM MAYOR, THIS IS A ROLL CALL. WAIT, JUST OH, YOU HAVE A COMMENT? MR. MARTEL, COULD YOU JUST EXPLAIN HOW NECESSARY THIS IS? BRIEFLY, IT'S A PHASE TWO OF THE HEADWORKS AND AT THE RECLAMATION PLANT, ESSENTIALLY, THE WATER TREATMENT FACILITIES WEAR OUT OVER TIME. AND WHAT THEY'VE DONE IS GONE OUT TO BID.

AND MR. COONAN'S HERE, HE CAN FURTHER COMMENT ON IT. BUT ESSENTIALLY THEY'VE GONE OUT TO BID TO EXTRACT ANY PORTIONS OF THE HEAD WORK PROJECTS THAT THEY CAN KEEP AND REBUILD ANYTHING THAT NEEDS TO BE COMPLETED. AND THAT WAS WHAT THE SPECIFICATIONS WERE THAT WERE PUBLISHED. AND THIS WAS THE LOWEST BIDDER FOR. I THINK THAT COVERS IT, DOESN'T IT? AND SO ESSENTIALLY JUST REBUILDING THE WATER RECLAMATION. YES, ABSOLUTELY. IT'S OPERATION AND MAINTENANCE OF THE WATER PLANT. RIGHT. AND THIS IS IN PARTICULAR THE WATER RECLAMATION. THANK YOU. SUFFICIENT DISCUSSION, MR. COMMISSIONER REED. YES. WAS THIS THE SAME CONTRACTOR THAT DID PHASE ONE? I DON'T KNOW, I DON'T KNOW. MR. PETER UTILITIES, PLEASE COME FORWARD. HEY, PETER. GOOD EVENING, MADAM MAYOR. MEMBERS OF THE COMMISSION, PETER COONAN, FOR THE RECORD. NO, COMMISSIONER. READ THE. IT'S A DIFFERENT CONTRACTOR.

THE CONTRACTOR FOR PHASE ONE WAS RAZORBACK. AND THIS CONTRACTOR IS LAWRENCE LEE. DID RAZORBACK BID AT ALL ON THIS PHASE TWO OR. NO. ARE THERE. NO, THEY DID NOT. OKAY. THAT WAS MY ONLY QUESTION. THAT'S ALL. THANK YOU THANK YOU THANK YOU, COMMISSIONER REED. ANY OTHER QUESTIONS FROM ANY COMMISSIONERS? CLERK, COULD YOU PLEASE CALL THE ROLL

[01:35:04]

[3. INTERIM CITY MANAGER APPOINTMENT AND AIHC INCREASE FOR J CHRULSKI (RC): RESOLUTION No. 71-2026; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA APPOINTING JAMES CHRULSKI, COMMUNITY SERVICES DIRECTOR, AS INTERIM CITY MANAGER; AUTHORIZING AN INCREASE IN COMPENSATION TO THE DEPARTMENT DIRECTOR ACTING IN A HIGHER CAPACITY AS INTERIM CITY MANAGER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ]

AND SO THE RESOLUTION, AS IT'S POSED IN HERE. AUTHORIZES US TO INCREASE HIS SALARY UP, UP TO THE 10% FOR THE 30 A LITTLE OVER 30 DAYS THAT HE WAS ACTING AS THE CITY MANAGER. BUT AGAIN, IF THERE'S ANY QUESTIONS ON THAT ISSUE, HE'S OBVIOUSLY IT'S NO LONGER IT'LL BE FOR BASICALLY, IN ESSENCE, A MONTH BECAUSE HE'S NO LONGER THE ACTING CITY MANAGER. I DON'T KNOW WHAT THE EXACT FIGURES OR NUMBERS WOULD BE, BUT IT WOULD BE AN INCREASE IN 10% OF HIS NORMAL SALARY. THANK YOU FOR THE EXPLANATION, MR. COMMISSIONER REED. YOU HAVE YOUR LIGHT ON. THAT'S AN OLD LIGHT. OH, OKAY. MADAM MAYOR, MOTION TO APPROVE RESOLUTION 71-2026. MOTION BY COMMISSIONER. MATHESON TO APPROVE THE RESOLUTION. IS THERE A SECOND? SECOND. SECONDED BY COMMISSIONER RICH. MANY MEMBERS OF THE PUBLIC HAVE ANY COMMENT ON RESOLUTION NUMBER 71-2026? DO YOU HAVE ANY GREEN CARDS? I HAVE NONE, MAYOR. ANY COMMISSIONERS? HAVE ANY ADDITIONAL COMMENTS? CLERK WOULD YOU PLEASE CALL THE ROLL? MAYOR. CLERK YES, COMMISSIONER REED, IS THAT RICH OR READ? READ, READ. NO. COMMISSIONER MATHESON. YES, COMMISSIONER. RICH. YES. YES. THANK YOU. MOTION PASSES THROUGH ONE. ITEM

[ 4. ROAD CLOSURE FOR THE ANNUAL VNA STUART CHRISTMAS PARADE (RC): RESOLUTION No. 76-2026; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPROVING A ROAD CLOSURE FOR THE ANNUAL VISITING NURSE ASSOCIATION'S STUART CHRISTMAS PARADE ON FRIDAY, DECEMBER 4, 2026, BEGINNING AT THE S.E. MONTEREY ROAD TRAVELING WEST ON S.E. OCEAN BLVD TO GEORGIA AVE INTERSECTION; AUTHORIZING THE CITY MANAGER OF THE CITY OF STUART TO SIGN THE FLORIDA DEPARTMENT OF TRANSPORTATION PERMIT FOR THE TEMPORARY CLOSING OF A STATE ROAD; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ]

[5. PAYMENTUS CONTRACT AMENDMENT (RC): RESOLUTION No. 78-2026; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, APPROVING A CONTRACT AMENDMENT WITH PAYMENTUS CORPORATION FOR ACCEPTING ONLINE PAYMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.]

[01:40:02]

THERE'S NO. MADAM MAYOR. I MOVE APPROVAL OF RESOLUTION 78-2026. THE PAYMENT CONTRACT AMENDMENT FOR THE CITY. SECOND, THERE'S A MOTION AND A SECOND, COMMISSIONER RICH AND COMMISSIONER MATHESON, I HAVE A COMMENT. AND THIS I'M GOING TO. THIS HAS NOTHING. AND COMMISSIONER REED WILL HAVE I. I RECEIVED A LETTER AND THIS WILL PROBABLY COME UP AT SOME OTHER POINT. BUT PEOPLE WERE CONCERNED AND WANTED TO MAKE SURE THAT THEY COULD DO SOME THINGS ONLINE. AND I KNOW THAT PAYMENTUS IS IS ONLINE, BUT I'LL FIND THAT EMAIL AND SEND IT TO THE CITY MANAGER. THERE WERE SOME THINGS THAT THEY WANTED TO DO AND I SAID, WELL, I THOUGHT WE WHATEVER THEY WERE ASKING FOR, I THOUGHT WE WERE DOING IT ALREADY. I DON'T KNOW WHAT THEY'RE ASKING FOR. SO YOU CAN SEND THAT TO ME. I CAN TELL YOU THAT THE ESSENTIALLY PAYMENTUS IS A VENDOR THAT PROVIDES ONLINE PAYMENT SERVICES. WHEN THE CITY WAS HACKED IN 2016, ONE OF THE REASONS THE CITY DIDN'T HAVE ANY EXPOSURE TO LIABILITY WAS BECAUSE BY NOT DOING ONLINE PAYMENTS AND MAINTAINING THOSE RECORDS IN HOUSE, THERE WAS NO CREDIT CARD STATEMENTS OR PERSONAL INFORMATION THAT COULD GET HACKED FROM THE CITY. THAT WOULD ALLOW THE HACKERS TO THEN MAKE FAKE CREDIT CARDS OR USE THEIR FINANCIAL INFORMATION, BECAUSE THE CITY DOESN'T MAINTAIN ANY OF THAT. SO WHEN SOMEONE GOES IN AND PAYS THEIR WATER BILL, WE DON'T RETAIN THEIR CREDIT CARD OR THEIR BANK STATEMENT OR ANY OF THAT INFORMATION ON OUR SERVERS. IT GOES THROUGH A THIRD PARTY ENTITY AND WE DON'T HAVE ANYTHING TO DO WITH IT, WHICH IS ONE OF THE REASONS WE USE THE THIRD PARTY ENTITIES. BUT THAT'S ESSENTIALLY WHAT THIS IS. THANK YOU. SO THERE'S A MOTION. AND SECOND, IS THERE ANY MEMBER OF THE PUBLIC WHO HAS ANY COMMENTS? CLERK, COULD YOU PLEASE CALL THE ROLL? OH, A COUPLE LIGHTS ON. SORRY. SO WHO WAS FIRST COMMISSIONER REED? COMMISSIONER REED, I THINK THE EMAIL YOU'RE REFERENCING IS WHERE WE GOT AN EMAIL WHERE SOMEONE WANTED TO RECEIVE THEIR UTILITY BILLS ONLINE, NOT JUST TO PAY THEM. YEAH, THAT YOU SEE THE WATER CONSUMPTION, BUT I DON'T SUPPORT THIS MOTION. THIS PARTICULAR VENDOR HAS COST THE TAXPAYERS IN THE CITY OF STUART $126,000. I THINK THERE MIGHT BE OTHER VENDORS TO LOOK AT BECAUSE ALL THEY DO IS PROCESS PAYMENTS. THAT'S MY COMMENT. I THINK THAT THAT MONEY WAS GIVEN BACK TO US. IT WASN'T GIVEN BACK. IT WAS I DON'T KNOW WHAT YEAR IT WAS, BUT WHAT HAPPENED WAS IT WAS A NATIONWIDE SCAM.

AND THE PEOPLE I BELIEVE WERE OUT OF GEORGIA AND THEY SCAMMED OVER $1 MILLION. BUT COMMISSIONER IS CORRECT. I BELIEVE IT'S ABOUT $120,000 FROM THE CITY OF STUART. WHEN WE STARTED TO PURSUE IT AGAINST PAYMENTS, THEY WERE ADAMANTLY DEFENDING IT BECAUSE OF THE AMOUNT OF MONEY THAT HAD TAKEN PLACE. AND IT WAS ESSENTIALLY THEY WERE PUTTING IT BACK AND SAYING IT WAS THE CITY'S FAULT FOR ALLOWING THESE THIRD PARTIES TO DO THE THE THE SCAM THAT THEY DID. AND SINCE THEN, SAY, PAYMENTS HAS PUT IN SAFEGUARDS AND DONE ADDITIONAL INFORMATION. BUT WE I DON'T BELIEVE WE GOT THE MONEY BACK FROM THE INSURANCE COMPANY OR ANYBODY. I BELIEVE THAT IT WAS THE PEOPLE WERE ARRESTED AND WENT TO JAIL, BUT THE MONEY WAS GONE TO. TO TOUCH ON IT FURTHER THOUGH, MIKE, WE CAN USE ANY VENDOR TO PROCESS PAYMENTS. IS THERE A PARTICULAR REASON WHY WE USE PAYMENTS? I'D LIKE TO COMMENT, I DON'T KNOW, I MEAN, HONESTLY, I DON'T I WASN'T HERE, RIGHT? YEAH. MR. MORTON WASN'T HERE. SO I KNOW MORE ABOUT IT RECENTLY. SO WE ACTUALLY TERMINATED. WE HAVE TO GIVE A SIX MONTH TERMINATION TO PAYMENT, WHICH WE DID. AND WE HAVE BEEN TRYING TO GET ONLINE PAYMENTS THROUGH OPENGOV. WE HAVE. AND MR. COOLING CAN CAN UP CAN COME UP AND SAY THAT WE ARE JUST NOT THERE YET. WITH OPENGOV, WE TRIED TO AND SO WE HAD TO GO BACK TO PAYMENTS TO KEEP IT GOING AS IT IS AND IN ORDER. WE HAD ALREADY CANCELED IT WITH THEM WITH THE SIX MONTHS NOTICE. BUT IN ORDER TO CONTINUE WITH THEM, I THINK THEY WANTED 3 OR 5 YEARS. BUT WE NEGOTIATED IT DOWN TO TWO YEARS. AND, YOU KNOW, CONTINUATION OF SERVICE. AND AT THIS POINT, FROM WHAT FINANCE IS TELLING ME IS THAT WE ARE HELD OVER A BARREL. WE HAVE TO WE HAVE TO CONTINUE WITH PAYMENTS UNTIL OPENGOV WILL BE ON BOARD. SO UNFORTUNATELY, THE LOWEST AMOUNT WE COULD

[01:45:01]

THAT'S WHAT I GATHERED FROM THE STAFF REPORT. BUDGET PROCUREMENT. YES. WE BUILDING AND ZONING, YOU KNOW, PARKING PERMITS, THINGS LIKE THAT. ALL ON PAYMENT PROCESSOR CALLED STRIPE THROUGH OPENGOV. BUT WE DO NOT HAVE THE UTILITY BILLING PORTION OF OPENGOV. IT IS NOT WE'RE NOT FINISHED TRANSITIONING FROM COMMUNITY PLUS THE LEGACY SOFTWARE TO OPENGOV UTILITY BUILDING, WHERE WE'LL TRANSITION AWAY FROM USING PAYMENTS TO OPENGOV VENDOR CALLED STRIPE. OKAY, MY QUESTION IS ABOUT THE EMAIL TO. IS THERE A WAY RIGHT NOW FOR UTILITY BILLS TO BE SENT VIA EMAIL? BUT I BELIEVE I DIDN'T KNOW THE ANSWER TO THAT EMAIL, WHICH WAS THAT WAS THE DIRECT QUESTION. CAN UTILITY BILLS BE SENT VIA EMAIL? YEAH, I DON'T KNOW THE ANSWER TO THAT, BUT I WILL ADDRESS IT IN THE STAFF MEETING TOMORROW BECAUSE I AGREE WITH YOU. IF THERE'S AN EFFICIENCY IN DOING THE INVOICING BY ELECTRONIC MEANS, IT'LL SAVE US THE POSTAGE, THE PRINTING, THE ENVELOPES, ALL OF IT. AND THEN I'VE HAD SOME CONCERNS FROM RESIDENTS BROADER THAN JUST OPEN GOV OR PAYMENTUS, WHO ARE THE TRADITIONAL WANT TO COME IN AND PAY THEIR BILL THE OLD FASHIONED WAY, OR COME TO A KIOSK AND PAY IT IN PERSON.

THEY'VE EXPRESSED TO ME THAT THAT'S DIFFICULT NOWADAYS. I DON'T KNOW THE STATUS OF THAT.

YOU KNOW, WE STILL HAVE TO. THE WINDOW IS STILL UP AND FUNCTIONING. WALK RIGHT UP.

OKAY. I JUST WANT TO MAKE SURE THERE'S A WINDOW RIGHT THERE. YEAH, I THAT'S HOW I WALK IN AND THERE'S, THERE'S A WINDOW. I DON'T KNOW IF THEY RAN INTO A PROBLEM ON A PARTICULAR DAY AND SOMEBODY MIGHT HAVE BEEN ABSENT OR SOMETHING LIKE THAT, BUT I'LL LOOK INTO IT AS WELL. OKAY.

THANK YOU, THANK YOU. THERE'S A MOTION AND A SECOND ON RESOLUTION NUMBER 78, 2026.

THERE'S BEEN DISCUSSION. WE HAVE NO COMMENT FROM THE PUBLIC. MY LIGHTS ON AGAIN. OH, YOUR LIGHTS ON AGAIN. OKAY. MY HEAD WAS DOWN. SORRY COMMISSIONER REED. YEAH. I COMMISSIONER MADSEN I HAVE TO PAY MY BILL IN PERSON STILL BECAUSE MY WATER BILL STILL MESSED UP. I CAN'T PAY IT ONLINE. BUT ANTHONY, DO YOU KNOW HOW MUCH PAYMENTS RECEIVED LAST FISCAL YEAR FROM THE CITY OF STUART FOR THEIR PAYMENT PROCESSING FEES? TECHNICALLY IT'S NOT TECHNICALLY IT'S NOT FROM THE CITY OF STUART. THEY CHARGE LIKE TWO AND A $2.50 FROM THE CUSTOMER FOR THE CONVENIENCE OF USING CREDIT CARD PAYMENT ONLINE. SO THE THAT WHOLE AMOUNT OF MONEY COMES TO US AND THEN WE TURN AROUND AND GIVE IT BACK TO PAYMENTS. SO IT'S REALLY FROM THE CUSTOMER AND IT'S ABOUT 13000 A MONTH. SO YOU JUST DO THAT, YOU KNOW, TIMES 12 AND THEN YOU GET HOW MUCH PAYMENTS IS GETTING, BUT IT'S FROM THE CUSTOMERS, NOT FROM THE CITY. OKAY. THANKS. THANK YOU. THANKS. SO FOLLOW UP. COULD SORRY, MADAM MAYOR, COULD THEY AVOID THAT BY JUST PAYING A CHECK OR PAYING DIRECTLY? OKAY. YEP. SAME AS THE TAX COLLECTORS OR OTHERS WHERE YOU GET THAT CONVENIENCE FEE. OKAY. THANK YOU. ANY MORE COMMENTS FROM THE BOARD? MADAM CLERK, WOULD YOU PLEASE CALL THE ROLL CLERK? YES, COMMISSIONER. RICH.

YES, COMMISSIONER. REED. NO. COMMISSIONER MATHESON. YES. THANK YOU. ITEM NUMBER SIX. NON

[6. NON-EXCLUSIVE LICENSE & LICENSE AGREEMENT TO THE STUART MAIN STREET ASSOCIATION, INC. (RC): RESOLUTION No. 80-2026; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, AUTHORIZING A NON-EXCLUSIVE LICENSE AND LICENSE AGREEMENT TO THE STUART MAIN STREET ASSOCIATION, INC. A DESIGNATED 501(c) ORGANIZATION, FOR THE OPERATION OF A WEEKLY OUTDOOR MARKET PLACE FOR SALES TO THE GENERAL PUBLIC; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ]

ESSENTIALLY IT'S THE GREEN MARKET IN THE FLAGLER PARK. THE IT USED TO BE IN THE PARKING LOT HERE. IT WAS SHIFTED TO THE PARK TO MAKE SURE THE PARKING SPACES WERE AVAILABLE. THERE WAS A PRIOR ENTITY RUNNING IT, AND THE CITY WANTED TO MAKE SURE IT WAS OPERATED BY A 501 C THREE AND THE CITY COMMISSION AS PART OF THE FLAGLER CENTER AGREEMENT WITH MAIN STREET,

[01:50:03]

STUART MAIN STREET RESPONDED TO A REQUEST FOR PROPOSAL IN 2021 AND WAS INITIALLY GIVEN THIS.

AND THEN IT'S BEEN RENEWED A COUPLE OF TIMES, IT LOOKS LIKE IN 2023, AND THIS ONE IS EXPIRING AT THE END OF THIS MONTH, SEPTEMBER 30TH. I JUST WANT TO POINT OUT THIS IS NOT A LEASE AGREEMENT. IT'S A NON-EXCLUSIVE LICENSE AGREEMENT. AND IT WILL BE FOR THREE YEARS.

IS THERE ANY OTHER COMMENT FROM COMMISSIONER A MOTION TO APPROVE RESOLUTION 80-2026. AND SECOND, THANK YOU. THERE'S A THERE'S A MOTION AND A SECOND TO APPROVE THIS RESOLUTION. ARE THERE ANY COMMENTS FROM THE PUBLIC? MAYOR? I HAVE NONE, NOTHING. OKAY. ANY OTHER COMMENTS FROM THE BOARD? SIR, COULD YOU PLEASE. OH I'M SORRY. OH, SORRY, RICH. SO THEY OWE US 20% OF THE NET REVENUE. AND HOW MUCH WAS THAT LAST YEAR? ARE YOU ASKING? YES, I'M ASKING MR. TROTSKY'S COMING UP. IT'S ALSO $1,500 AS WELL. IN ADDITION TO THE 20%. THAT'S THE 1500 IS ANNUALLY. JIM KOWALSKI, COMMUNITY SERVICES DIRECTOR FOR THE RECORD, THAT AMOUNT IS PAID.

IT'S PAID UP. HOWEVER, WE'RE CALCULATING A MASKING. CANDACE, HOW MUCH THAT ACTUALLY WAS FOR THE 20% SINCE IT WAS JUST PAID. FOR THE RECORD. CANDACE CALLAHAN, EXECUTIVE DIRECTOR FOR STUART MAIN STREET. SO THIS YEAR WE PROJECTED ABOUT $2,600 IN CHANGE, WHICH THE CHECK HAS ALREADY BEEN MAILED. SO THAT SHOULD HAVE BEEN, BUT NOT EVERY YEAR ARE WE DRAWING A 20% PROFIT. AND I WILL REMIND YOU THAT THIS IS A COMMUNITY EVENT THAT ADDS ECONOMIC VITALITY TO THE DOWNTOWN AND TO OUR COMMUNITY. SO I THINK WE GET MORE THAN WHAT WE REALLY ASK FOR HERE. SO WE DO PAY THAT ANNUAL LEASE AGREEMENT OR LICENSE AGREEMENT AS WELL.

THAT'S ALREADY BEEN ALSO PAID FOR FOR THE YEAR. YEAH. ANY OTHER QUESTIONS? HOW MANY HOW MANY VENDORS DO YOU HAVE? SO NUMBERS HAVE DROPPED BECAUSE THERE HAVE BEEN AN INCREASE IN OTHER COMMUNITY MARKETS IN THE AREA. THE COST OF OUR MAKERS AND CREATORS AND FARMERS TO MAKE THEIR PRODUCTS TO SELL HAS INCREASED. SO WE'VE LOST SOME VENDORS TO THAT, BUT ALSO LOST SOME DUE TO FAMILY MEMBERS GETTING ILL. AND, YOU KNOW, LIFE HAPPENS. SO ON AVERAGE, WE HAVE NOW ABOUT 55. WHEN I WHEN WE FIRST TOOK OVER THE MARKET, WE HAD ABOUT 70, ABOUT 70. BUT WE WERE COMING OUT OF COVID AT THAT TIME. SO WE HAD A LOT OF NEW BUSINESSES THAT WERE INSPIRED WHILE WE WERE ALL IN OUR HOMES, RIGHT? WE TOOK ON DIFFERENT ACTIVITIES AND THINGS TO BUY TIME. SO I WOULD SAY THERE'S BEEN SOME FACTORS, BUT WE'RE WE'RE MAINTAINING AT ABOUT 5055 ON AVERAGE. WE HAVE SOME NEW ONES THAT WE'VE JUST WELCOME OR WE WILL BE WELCOMING IN THIS NEXT SEASON. WE ACTUALLY HAVE A NEW PRODUCE VENDOR, WHICH HAS BEEN OUR BIGGEST STRUGGLE AMONGST ALL MARKETS THAT I'VE TALKED TO. AGAIN, THE COST OF BEING A FARMER IS NOT CHEAP, SO WE WELCOME THEM. WE'RE EXCITED TO HAVE THEM. VERY COOL. DID YOU HAVE A QUESTION, MR. MATHESON? DID YOU HAVE YOURS? THAT WAS MOSTLY MY QUESTION. WHAT WHAT'S YOUR MAXIMUM NUMBER OF VENDORS, CANDACE? WELL, 75 AS PART OR YOU'RE ALWAYS GOING TO FIND ROOM IF I WILL MAKE ROOM. HOWEVER, GIVEN SOME OVER THE PAST FEW YEARS, THERE'S BEEN A LOT OF FLOODING AT THE PARK. THE PARK IS NOT LEVELED GROUND EITHER, SO IT'S SOME SPACES HAVE BECOME REALLY CHALLENGING FOR US TO SET UP SOME VENDORS. SHADE IS ALSO AN ISSUE FOR SOME VENDORS, YOU KNOW, BECAUSE PRODUCT DOESN'T DO WELL IN DIRECT SUNLIGHT SOMETIMES. SO WE'VE HAD TO DO A LOT OF SHIFTING AND CREATIVE PLACEMENT, BUT WE DO WHAT WE CAN FOR SURE

[01:55:06]

OUR FOOT TRAFFIC DOESN'T REALLY WARRANT DUPLICATION OF A LOT OF DIFFERENT TYPES OF VENDORS. SO AGAIN, THAT KIND OF HELPS WITH PLACEMENT AND BEING CREATIVE. WELL, IT'S GOOD TO HEAR YOU GOT A PRODUCE VENDOR. I MEAN, I KNOW THAT'S IT'S A STRUGGLE. WE'VE WORKED REALLY HARD AT THAT AND HOPEFULLY THEY'LL STICK AROUND. BUT YOU KNOW, GIVEN SOME FEEDBACK, YOU KNOW, BECAUSE WE'VE, WE SURVEY OUR, OUR, OUR VISITORS. AND THE REASON WE'VE KIND OF BEEN IN THIS ROTATION OF PRODUCE VENDORS IS BECAUSE THE COMMUNITY IS NOT BUYING PRODUCE AND THEY'RE SHOWING ME THEIR NUMBERS AND THEIR SALES. AND IT'S QUITE SHOCKING ACTUALLY, BECAUSE I HEAR THIS DEMAND THAT WE WANT LOCAL PRODUCE, BUT WHEN WE BRING IT, THEY'RE NOT BUYING IT. SO I'LL ENCOURAGE EVERYONE TO SUPPORT YOUR FARMERS AND LOCAL MARKETS, PLEASE. PROBABLY A CHICKEN AND THE EGG THERE BECAUSE I'VE HEARD FROM PEOPLE, THEY DON'T COME BECAUSE THERE'S NO PRODUCE. NOW THAT YOU HAVE A PRODUCE VENDOR, I WILL BE TRYING TO SPREAD THE WORD. BUT YOU KNOW, HOPEFULLY PEOPLE WILL. WE'LL BE DOING SOME SPECIAL PROMOTION ONCE THEY'VE GOTTEN ACCLIMATED FOR SURE. THANK YOU. AND BECAUSE SPEAKING OF THAT PROMOTION, ARE YOU ON THE LINK HERE AT CITY HALL? JIM, DOES SHE HAVE A SPOT WHERE SHE GREEN MARKET SHOWS ON THE WEBSITE OR, OR JUST SOMETIMES THINGS ROLL ON THE ON THE I KNOW THAT THE CALENDAR. YEAH, ABSOLUTELY.

SHE'S ALWAYS ON THE CALENDAR EVERY MONTH. WHEN WE SEND THAT OUT ON THE NEWSLETTER, I SEND THAT DIRECTLY TO YOU ALL EVERY MONTH, USUALLY THE FIRST COUPLE OF DAYS OF EACH MONTH. OKAY.

THANK YOU. THERE'S A MOTION. IS THERE A MOTION AND A SECOND? YES, MAYOR. AND ARE THERE ANY COMMENTS FROM COMMISSIONERS? LET'S GO TO THE PUBLIC. ANY COMMENTS ON THE PUBLIC? MAYOR, I HAVE NONE. NONE. CLERK, WOULD YOU PLEASE CALL THE ROLL? COMMISSIONER. RICH. YES, COMMISSIONER. MATHESON. YES, COMMISSIONER. BREED. YES. AND MAYOR CLARK. YES. THE NEXT ITEM

[7. ESTABLISHMENT OF A COMMITTEE FOR THE PURPOSE OF RANKING ENVIRONMENTAL LANDS FOR ACQUISITION (RC): RESOLUTION No. 82-2026; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA AUTHORIZING THE ESTABLISHMENT OF AN ENVIRONMENTAL LANDS ACQUSITION COMMITTEEE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ]

I, I PRESENTED TO THE CITY COMMISSION, I THINK IT WAS ABOUT SIX, 6 OR 7 MONTHS AGO NOW. AND I PRESENTED THE IDEA THAT JUST MIRRORING WHAT MARTIN COUNTY HAS DONE, AS WELL AS NUMEROUS OTHER LOCAL GOVERNMENTS THAT ALSO HAVE RAISED MONEY TO PURCHASE LANDS THROUGH THE HALF CENT SALES TAX. AND THAT IS THAT WE SHOULD ESTABLISH A A COMMITTEE WITH SCREENING AND EVALUATION CRITERIA THAT COULD MAKE RECOMMENDATIONS TO THE CITY COMMISSION ABOUT LANDS THAT WOULD BE APPROPRIATE UNDER THIS, UNDER STATE LAW AND UNDER THE REFERENDUM. AND THE GOAL WITH THAT IS TO JUSTIFY AND SELECT LANDS OR PROJECTS THAT HAVE THE

[02:00:04]

AND LIKE SOME OF THE OTHER COMMITTEES THAT THE CITY HAS ESTABLISHED, THAT EACH CITY COMMISSIONER WOULD CHOOSE HIS OR HER OWN COMMITTEE MEMBER, THERE WOULD BE TWO AT LARGE COMMITTEE MEMBERS. AND TO GIVE KIND OF A FAIR REPRESENTATION OF OF THE COMMUNITY AND ALSO OF OF STAFF. WE THOUGHT THAT THE PEOPLE PICKING THOSE TWO AT LARGE MEMBERS COULD BE, YOU KNOW, STAFF, INCLUDING THE CITY MANAGER, INCLUDING ME AS YOUR ENVIRONMENTAL ATTORNEY AND ALSO THE DIRECTOR OF LAND DEVELOPMENT, BECAUSE SHE KNOWS QUITE A BIT ABOUT THE INDUSTRY AND THE LANDS AND PEOPLE THAT MIGHT BE APPROPRIATE FOR THE COMMITTEE. THE TWO AT LARGE MEMBERS. WE'RE PROPOSING THAT THERE'D BE ONE AT LARGE MEMBER THAT IS A THAT HAS A BACKGROUND IN ENVIRONMENTAL SCIENCES AND ACADEMIC BACKGROUND IN ENVIRONMENTAL SCIENCES, AND THE OTHER TO BE A CURRENT LICENSED FLORIDA REALTOR. AND THE. THE COMMITTEE. WHAT WE ENVISIONED WAS THAT THE COMMITTEE WOULD SCREEN AND EVALUATE POTENTIAL PROPERTIES FOR ACQUISITION OR PROJECTS FOR ACQUISITION WITHIN CERTAIN CRITERIA. AND THAT CRITERIA IS WAS ATTACHED TO THE RESOLUTION. AND AGAIN, THERE'S THERE'S A LOT THERE. I THINK THERE'S A TOTAL OF. 15 I THINK IF I IF I REMEMBER CORRECTLY, MARTIN COUNTY, FOR EXAMPLE, HAS. SEVEN SEVEN CRITERIA THAT THEY USE AT THIS POINT. SO THESE CRITERIA, THESE THESE. THESE CAN BE DELETED OR YOU CAN ADD TO THEM. BUT AGAIN, THIS IS JUST JUST A RECOMMENDATION. AND I WILL TELL YOU THAT WHEN I, WHEN I FIRST DRAFTED THE, THE, THE 15 I, I TOOK IN NOT JUST MARTIN COUNTY, BUT I TOOK IN OTHER LOCAL GOVERNMENTS THAT HAVE THE SAME PROCEDURE. AND IF I, I THINK THERE WAS PASCO COUNTY, VOLUSIA COUNTY, AND, AND A COUPLE OTHERS THAT ALSO DO THIS. AND SO I JUST KIND OF TOOK THE MOST APPROPRIATE. WHAT I THOUGHT WAS FOR THE CITY OF STUART PUT THEM IN THERE. AND THAT IS FOR YOUR REVIEW AND CONSIDERATION. AND AGAIN, MIRRORING ON THE OTHER COMMITTEES WHAT THEY WHAT THEY WILL DO IS THEY WILL EVALUATE THE PROPERTIES OR THE PROJECTS.

AND THEN WITHIN THE THE CRITERIA IN EACH, EACH PROPERTY OR PROJECT WILL BE RANKED. YOU GIVE THEM A NUMBER. MARTIN COUNTY GIVES MOSTLY TENDS TO EACH CRITERIA WITH SERP, THE COMPREHENSIVE EVERGLADES RESTORATION PROGRAM BENEFITS BEING THE HIGHEST. THE CITY OF STUART DOESN'T NECESSARILY HAVE THAT, BUT YOU CAN. YOU CAN WEIGHT IT HOWEVER YOU CHOOSE TO WEIGHT IT. WE CAN TALK TO THE COMMITTEE MEMBERS AND SEE WHAT THEY WHAT THEY THINK ABOUT IT, BUT THEN ULTIMATELY THOSE RANKINGS WILL GO TO THE CITY COMMISSION FOR YOUR CONSIDERATION TO ENTER, TO ENTER INTO POTENTIAL NEGOTIATIONS WITH THESE PROPERTY OWNERS, WILLING SELLERS, OF COURSE. AND THE LAST THING I KNOW, THIS IS A LOT OF INFORMATION. THE LAST THING IS. THE NAME OF THE COMMITTEE. I KNOW IT SOUNDS KIND OF LIKE THAT'S A NOTHING, BUT IT'S IT'S REALLY, YOU KNOW, IN IN ORDER TO. IN ORDER TO MAKE TO ALLOW THE PUBLIC TO REALLY BECOME ENGAGED AND INVESTED IN THIS. I MEAN, SOMETIMES YOU HAVE TO LET THEM KNOW THIS IS NOT JUST A, YOU KNOW, LIKE A FEDERAL GOVERNMENT ACRONYM WITH THAT DOESN'T REALLY MEAN ANYTHING. AND SO I WILL TELL YOU, YOU HAVE SOME

[02:05:01]

THIS. AND OKAY, MORE THAN JUST THE NAME OF THE COMMITTEE, THE NAME OF THE INITIATIVE. YEAH, THAT THAT IS CORRECT. COMMISSIONER MATHESON. SO, SO PEOPLE KIND OF KNOW THAT THESE ARE THAT THIS IS THE INITIATIVE. THIS IS THE PROGRAM. AND THE COMMITTEE WOULD FALL UNDER THIS.

SO THE, THE TOP THE, THE TOP ONES THAT WE LOOKED AT, I THINK THAT WE CAME UP WITH AROUND A, A DOZEN OR SO AND JUST FLOATED THEM AROUND WITH DIFFERENT STAFF MEMBERS TO SEE WHAT THEY THOUGHT. AND THESE CAME OUT ON TOP. AND THIS IS AGAIN, THIS IS JUST FOR YOUR. FOR YOUR CONSIDERATION. YOU DON'T. YOU CAN CHOOSE TO DELETE BOTH OF THESE AND START OVER AGAIN. IF YOU, IF YOU WANTED TO, THE THESE COMMITTEE NAMES ARE NOT PART OF THE RESOLUTION. WE DIDN'T FEEL LIKE IT NEEDED NECESSARILY TO BE PART OF THE RESOLUTION, BECAUSE THE RESOLUTION IS REALLY THE ESTABLISHMENT OF THE COMMITTEE. SO THIS IS THE PROGRAM NAME, AND WE THOUGHT STUART SALT OR STUART SAVE WERE WERE THAT WERE MADE THE TOP OF THE LIST. AND WITH THAT I'M HAPPY TO TAKE ANY QUESTIONS. I KNOW IT'S A LOT OF INFORMATION AT ONE TIME. AND AGAIN, THESE ARE JUST THESE ARE JUST RECOMMENDATIONS. I WILL TELL YOU JUST SO YOU KNOW, I DID NOT COME UP WITH THESE LOGOS. THIS WAS THIS WAS JORDAN PINKSTON FROM CRA. AND I, SHE'S VERY CREATIVE AND, AND CAME UP WITH THESE LOGOS. SO WE CAN, WE CAN CHANGE THEM. WE CAN BRING THEM, WE CAN BRING SOME OTHER IDEAS BACK TO YOU. WHATEVER YOU THINK. ALL RIGHT. ANYBODY ELSE HAVE ANY QUESTIONS FOR STAFF? I DON'T HAVE ANY QUESTIONS. I'VE BEEN WORKING WITH RUTH A LITTLE BIT ON THIS. AS YOU ALL KNOW. THE INTENT OF THIS PROGRAM IS A MINI MARTIN COUNTY FOREVER.

WHICH LEADS ME TO BRING UP WHY THIS NEEDED A NAME AND THE GOAL WITH MARTIN COUNTY FOREVER AS THE DESIRE WITH CITY OF STUART IS TO LOOK AT EVERY SINGLE UNDEVELOPED PROPERTY IN THE CITY OF STUART AND THEN HAVE A COMMITTEE RANK THEM AND HYPOTHETICALLY SAY THEY RANK 20 PROPERTIES, ALL 20. IF THEY PASSED THE INITIAL CRITERIA OF THE INTENT OF THE ORDINANCE THAT THE VOTERS PASSED, 64% OF RESIDENTS IN MARTIN COUNTY VOTED TO TAX THEMSELVES WITH THE MAIN INTENT OF THAT REFERENDUM TO ACQUIRE CONSERVATION LAND, TO PROTECT OUR WATER QUALITY. AND THAT, IN MY MIND, AND I WANT TO HAVE THE COMMITTEE BE PUSHING THAT.

THAT'S THE NUMBER ONE CRITERIA. WE ACQUIRING CONSERVATION LAND TO PROTECT OUR WATER QUALITY.

AND DOWN BELOW THAT, MISS HOLMES HAS CREATED A LIST OF CRITERIA THAT THE COMMITTEE WILL EVALUATE. BUT THE GOAL IS TO GIVE THE TAXPAYERS THE BEST LEVERAGE POSSIBLE. AND YOU DO THAT BY HAVING OUR CITY STAFF OR IT'S CURRENTLY HAPPENING AT THE COUNTY STAFF TO HAVE A LIST OF MULTIPLE PROPERTIES THAT THEY'RE APPROVED TO NEGOTIATE, TO ACQUIRE FOR MARKET RATE. AND SO PART OF THIS ENTIRE PUSH IS TO STRUCTURE A PROGRAM SIMILAR TO MARTIN COUNTY FOREVER, OR OTHER MUNICIPALITIES AROUND THE STATE THAT WILL ALLOW OUR CITY STAFF TO DO THAT SO THAT THEY CAN GO OUT AND TARGET, YOU KNOW, CLUMPS OF PROPERTIES BECAUSE NOT ALL PROPERTY OWNERS ARE GOING TO BE WILLING TO SELL AT MARKET RATE. NOT ALL PROPERTY OWNERS MIGHT BE WILLING, BUT THERE WILL BE SOME. AND AS THIS PROGRAM CONTINUES WITH LEVERAGE, PEOPLE WILL SAY THINGS LIKE, OH, WELL, THAT'D BE A GREAT PROPERTY FOR THE STEWART SALT INITIATIVE AND CONSERVATION.

AND WHERE WE ARE AT MARTIN COUNTY FOREVER IS NOW THAT OVER 3000 ACRES HAVE BEEN ACQUIRED, THE TALK HAS TRENDED TO. WELL, IF THERE'S GOING TO BE A PARKING LOT AT THESE PROPERTIES, WHAT ARE WE GOING TO DO ABOUT A SIGNAGE AND LOGO? SO PEOPLE KNOW, YOU KNOW WHAT THAT WHAT MONEY ACQUIRED THAT PROPERTY THAT YOUR TAX DOLLARS ACQUIRED IT BECAUSE THE OVERALL GOAL FOR THE MARTIN COUNTY DIFFERENCE IS THAT EIGHT YEARS FROM NOW, THIS MIGHT GO BACK TO THE VOTERS.

AND IF WE DO OUR PART, JUST AS MARTIN COUNTY IS DOING THEIR PART, YOU KNOW, IT WILL BE

[02:10:06]

COMMISSIONER RICH. YEAH. I MEAN, THIS IS SO TIMELY, THIS OPPORTUNITY. I MEAN, WE LIVE IN HISTORIC TIMES HERE, RIGHT? IT'S BEEN 117 YEARS SINCE WE WENT THROUGH A HURRICANE SEASON, AND WE HAVEN'T HAD A HURRICANE IN THE ATLANTIC BASIN. AND I WOULDN'T BE REASSURED BY THAT.

I WAS JUST OUT IN SAN DIEGO, AND THEY'RE VERY WORRIED BY THE FACT THAT, WELL, THERE'S ONE HURRICANE THAT'S BEEN A HURRICANE SINCE THE 20TH. IT WENT UNDERWENT THE MOST RAPID INTENSIFICATION OF ANY HURRICANE EVER. IT WENT FROM A TROPICAL STORM TO A CATEGORY, A MONSTROUS CATEGORY FIVE AND 24 HOURS. BUT THERE'S THREE HURRICANES IN THE PACIFIC BASIN RIGHT NOW AT THE SAME TIME. THAT'S NEVER HAPPENED BEFORE. IF YOU KNOW ANYONE IN THE NORTHEAST, THAT NOR'EASTER IS JUST POUNDING THE COAST OF MASS. IN CONNECTICUT, THEY HAVE FLOODING THEY'VE NEVER SEEN BEFORE. THEY'RE I WAS IN HOLLYWOOD, FLORIDA TWO WEEKS AGO AND OUT ON THE ISLAND AND I SAID, BOY, THIS IS VERY THE WATER IS VERY HIGH HERE. WELL, IN FACT, THE WATER IS ALL OVER NOW THAT. HOLLYWOOD, FLORIDA. SO THE CHALLENGES WE'RE GOING TO FACE WITH STORM WATER MANAGEMENT ARE VERY SIGNIFICANT. AND IF WE DON'T MAKE AN EDUCATED AND COMMITTED. COMMITMENT TO SUSTAINABILITY AND RESILIENCY, WE'RE GOING TO BE CLEANING UP THE MESS. AND SO I JUST I'M GOING TO BE FINDING THE NERDIEST STORMWATER PERSON I CAN TO PUT ON THIS COMMITTEE BECAUSE I THINK, I THINK WE CAN ACCOMPLISH MORE THAN JUST ONE GOAL AND WE CAN LEVERAGE IT, AS YOU SAY. AND I LOOK FORWARD TO US, LOOK FORWARD TO US, YOU KNOW, MAKING SOME SERIOUS HEADWAY IN PROTECTING OUR COMMUNITY FOR WHAT WE KNOW IS COMING. THANK YOU. EITHER JODI OR MR. BAGGETT. FOR THOSE WHO HAVEN'T READ THE RESOLUTION, JUST TELL US ABOUT THAT SEVEN MEMBERSHIP AND THE APPOINTMENT TO THAT COMMITTEE. AND I GUESS THIS COMMITTEE IS GOING TO BE NOT. IS IT GOING TO BE EVERY YEAR TO KEEP CONTINUE UNTIL WE HAVE THE. WHEN WE HAVE THE FUNDS EVERY YEAR FOR. I DON'T KNOW THAT THAT'S BEEN DETERMINED AT THIS POINT. RUTH, DO YOU GUYS HAVE AN INTENT OF IT GOING BEYOND A YEAR? I MEAN, I WELL, SO THE SALES TAX RIGHT NOW FOR THE REFERENDUM IS A TEN YEAR SALES TAX. SO WE'RE IN YEAR TWO OF THAT. SO I MEAN. THE CITY OF STUART IS IS NOT GOING TO GET AS MUCH MONEY AS MARTIN COUNTY. SO OUR WE'RE GOING TO BE LIMITED ON THE THE PROPERTIES THAT WE CAN ACQUIRE.

SO IT, IT, IT PROBABLY WON'T BE A COMMITTEE THAT IS ENGAGED FOR, YOU KNOW, TEN YEARS OUT FROM NOW, BUT I, I WHO KNOWS, BUT IT REALLY WAS INTENDED TO BE SOMETHING OF, OF A SHORTER SHELF LIFE THAN, THAN MOST OTHER COMMITTEES. AND IF WE END UP BONDING IT AND BUYING THE LAND NOW, WE CAN GET IT ALL DONE NOW VERSUS WELL, IT'S ALSO MY UNDERSTANDING IS THAT THE COMMITTEE IS TO IDENTIFY THE LANDS. I MEAN, IN THEORY THAT THE CITY COULD OR THE COMMITTEE COULD IDENTIFY IT, PUT PROJECTS AND IDENTIFY ALL THE PROJECTS, AND THEN THE COMMISSION CAN PRIORITIZE THOSE PROJECTS. AND THEN IT'S JUST A MATTER OF ACQUISITION. SO THE COMMITTEE DOESN'T HAVE TO MEET REGULARLY AFTER THAT BECAUSE YOU GUYS KNOW WHAT YOU WANT, RIGHT? BUT I DON'T ENVISION THIS COMMITTEE GOING MORE THAN HYPOTHETICALLY, LIKE THREE, THREE MEETINGS. YOU KNOW, I ENVISIONED THE PROCESS SIMILAR TO THE COUNTY. CITY STAFF IS GOING TO ANALYZE ALL

[02:15:03]

WE HAVE MOTIONS ON IT. A MOTION TO APPROVE RESOLUTION 82-2026 WITH THE USE OF THE SALT ACRONYM TO DESCRIBE THE PROGRAM STEWARDS SUSTAINABLE ACQUISITIONS OF LANDS FOR TOMORROW. I DON'T LIKE THAT. I WON'T SECOND THAT. I DON'T LIKE SALT. OKAY. OH, WE GOTTA HAVE IT. I MEAN, I'LL SECOND IT. OKAY. I LIKE THE SALT, BUT I MEAN. I ENCOURAGED SOME MARKETING ASPECT OF THIS BECAUSE THAT HAS COME UP AND I AM FRANKLY OVER SAYING STEWART'S MARTIN COUNTY FOREVER. I DID NOT COME UP WITH ANY OF THESE. THIS ARE A HUGE KUDOS TO CITY STAFF, BUT I DO FEEL THAT THERE IS A HUGE VALUE IN MARKETING THIS PROGRAM. AND THIS IS SOMETHING THAT I THINK WHAT'S ALREADY BEEN PROVEN, 64% OF THE COUNTY NOT ONLY SUPPORTED BUT VOTED TO TAX THEMSELVES ON, BUT WE MUST MARKET IT. YES, SOMEHOW. ALL RIGHT. SO I THINK IF SALT SALTING THE EARTH, WHICH JUST MAKES THE SOIL ON, YOU KNOW, INCAPABLE OF AGRICULTURE. SO THAT'S WHAT I, I THINK THAT'S IMMEDIATELY WHAT CAME TO ME WATCHING THE SUNRISE FROM A BOAT. THERE'S A MOTION AND A SECOND. ARE THERE ANY MEMBERS OF THE PUBLIC WHO HAVE COME. OH, COMMISSIONER READ. YEAH, I JUST I WANTED TO SEE IF STAFF COULD ALSO SEND THIS OUT TO ANY ORGANIZATIONS, JUST SO MAYBE THEY COULD, I GUESS, APPLY FOR A COMMITTEE POSITION. OR DO YOU WANT US TO SEEK THEM OUT? I THINK IT SHOULD BE SENT TO SOME ORGANIZATIONS JUST SO THEY'RE AWARE OF IT. MAYBE A SOCIAL MEDIA POST AS WELL. GOOD IDEA.

I AGREE. OKAY. WE CAN WORK WITH MR. ON THAT. ALL RIGHT. ANY OTHER COMMENTS? LET'S GO TO THE PUBLIC. MAYOR, I HAVE NONE. OH, I HAVE I. THANK YOU. OF COURSE IT'S GOOD. I LOVE I, I LOVE THIS, THAT WE'RE I, THAT WE'RE SAVING LAND. I THINK IT'S FABULOUS. I WISH MY LITTLE

[02:20:03]

[9. BACKYARD CHICKENS QUESTIONNAIRE ]

QUESTIONNAIRE. IF STAFF HERE. MR. TROTSKY. VERY PATIENT ADVOCATES LIKE SAVE JIM CROW.

REPRESENTING MISTY ON THIS ITEM. ACTUALLY, MISTY PUT THESE LISTS TOGETHER. SO I WANTED TO REPRESENT IT BY SHARING WITH YOU SOME EXAMPLES OF THE QUESTIONNAIRE. AND THAT'S THE SPANISH ONE. THANK YOU, MR. COLON ON. WE DID DO THEM IN DIFFERENT LANGUAGES. SO BASED UPON YOUR COMMENTS, STAFF PUT TOGETHER A PUBLIC QUESTIONNAIRE FOR YOUR REVIEW. CAN Y'ALL SEE THAT? OKAY, YES, I CAN MAKE IT A LITTLE BIGGER. THERE WE GO. AS IT STATES HERE, THEY'RE AVAILABLE BOTH IN ENGLISH AND SPANISH. THERE WAS A DISTRIBUTION METHODOLOGY WHICH IS A QR CODE, THE UTILITY BILLS AND INFO BITS LINKING TO THE SURVEY ON THE CITY OF STUARTS WEBSITE. MONTHLY BILLS ARE MAILED TO FOUR DISTINCT CYCLES. THE NEXT CYCLE BEGINS THE WEEK OF OCTOBER 5TH. MOST RESULTS COULD BE GATHERED BY THE OCTOBER 19TH, 2026 COMMISSION MEETING. HARD COPY SURVEYS ALSO AVAILABLE AND DISTRIBUTED TO THE UTILITIES CUSTOMER SERVICE AT THE 10TH STREET RECREATION CENTER. RESPONSES WOULD BE HAND ENTERED INTO EXCEL DATABASE, AN

[02:25:06]

COMMISSION. AND BEFORE YOU DISCUSS IT TOO, I WAS TRYING TO FORMULATE HOW STAFF WOULD HANDLE THE SURVEY AND. AND WHAT QUESTIONS MIGHT PERSUADE SOMEONE TO ANSWER YES, OR PERSUADE SOMEONE TO ANSWER NO, OR WHAT IT MIGHT BE, AND TRYING TO KEEP IT AS EVEN AS POSSIBLE.

AND IT OCCURRED TO ME THAT THE CIRCUMSTANCES OF THE ACTUAL ORDINANCE MIGHT AFFECT THE ANSWERS GIVEN BY PEOPLE. FOR EXAMPLE, WHEN WE WERE KIND OF EVALUATING THIS IN THE PAST, ONE OF THE THINGS IS THAT CURRENTLY THE STATE LAW PROHIBITS CODE ENFORCEMENT FROM ENTERING SOMEONE ELSE'S SOMEONE'S BACKYARD WITHOUT A SEARCH WARRANT. SO IF SOMEONE WERE TO AGREE THAT THEY WANTED A CHICKEN COOP AND IT WAS THE COMMISSION'S PREROGATIVE TO DO IT BY CONDITIONAL USE OR TO ZONE IT IN SOME MANNER THAT WE COULD ACTUALLY INSPECT IT. THE PERSON WOULD HAVE TO WAIVE THE REQUIREMENT FOR US TO HAVE A SEARCH WARRANT TO ENTER THEIR BACKYARD, AND RATHER, IN THE CONDITIONAL USE PROCESS, WOULD HAVE TO SIGN SOMETHING ALLOWING CODE ENFORCEMENT TO ENTER THAT YARD OR ADDRESS IT. OR IF THE COMMISSION IS NOT GOING TO INSPECT THE THE THE CHICKEN COOPS BECAUSE THEY DON'T WANT TO GO DOWN THE PATH OF HAVING THE RIGHT TO GO INTO SOMEONE'S BACKYARD, THEN I THINK THE PEOPLE SHOULD KNOW, TOO, THAT THE CITY IS NOT GOING TO INSPECT, BECAUSE THE ONLY WAY THE CITY COULD ENTER THE BACKYARD WOULD BE WITH SOME OTHER MEANS, BECAUSE THE STATE LAW RIGHT NOW PROHIBITS A DRONE, PROHIBITS ANYTHING. I'M NOT SUGGESTING THAT IT MATTERS EITHER WAY. I DON'T EVEN KNOW WHAT THEY INSPECT. BUT I DO THINK THAT IF YOU'RE PREPARING A SURVEY AND YOU ASKED ME IF I WANTED SOMETHING AND IF I SAID YES, THAT MEANT THAT I HAD TO SIGN AWAY CERTAIN RIGHTS OF PRIVACY AND OTHER THINGS, I MIGHT SAY NO. AND, AND SO I JUST THOUGHT YOU GUYS MIGHT DISCUSS A LITTLE BIT ON WHAT YOUR INTENTIONS ARE, WHAT YOU, WHAT YOUR THOUGHTS ARE ON HOW IT WOULD BE IMPLEMENTED OR WHERE IT WOULD GO, OR JUST PUT SOME QUESTIONS OUT THERE WITHOUT THAT. BUT THAT COULD RESULT IN SURPRISE LATER. THERE'S ALSO SOME LOGISTIC ISSUES THAT WE DISCOVERED AS WE WERE GOING THROUGH THE LIST. AND THAT IS YOU CAN PUT DOOR HANGERS UP, BUT THEN YOU GOT TO PICK UP THE DOOR HANGERS BECAUSE IF THEY'RE GOING TO ANSWER THE QUESTIONS, YOU GOT TO GO BACK THERE AND ACTUALLY COLLECT THEM BACK. I DOUBT VERY SERIOUSLY IF SOMEONE'S GOING TO FILL OUT A QUESTIONNAIRE ON A DOOR HANGER. AND THEN, WELL, IF THE DOOR HANGER HAD A QR CODE THAT THEY SCANNED. YEAH. WELL, SO THERE'S THIS SHEET. AND THEN THERE'S ALSO ANOTHER ONE FOR YOUR REVIEW, WHICH IS THE PUBLIC QUESTIONNAIRE, RIGHT.

CONSIDERING. SO I HAD HEARD COMMENTS FROM THE BOARD WHILE YOU GUYS WERE TALKING BEFORE ABOUT IT'S NOT THE INTENTION OF THE BOARD TO ALLOW CHICKENS IN APARTMENT COMPLEXES. AND OBVIOUSLY THAT MAKES SENSE. BUT DOES THAT LIMIT WHO GETS THE QUESTIONNAIRE, OR IS IT JUST THE NEIGHBORHOODS OR SINGLE FAMILY HOUSES OR WHATEVER THE PROPERTIES ARE THAT ARE IDENTIFIED? THEY GET THE QUESTIONNAIRE OR IS THE QUESTIONNAIRE? GO TO MULTIFAMILY AND APARTMENT BUILDINGS AND TOWNHOUSES AS WELL. IT. PROBABLY SHOULD. IT SHOULD GO, IN MY OPINION. I WOULD LIKE TO SEE IT LIMITED TO STEWART RESIDENTS. HOWEVER, WE CAN DO THAT. BUT I THINK THIS IS A CITY WIDE DECISION. I WOULD I WOULD LIKE IT TO GO TO EVERYONE IN THE CITY. IF THERE'S A WAY. THAT WOULD BE THE TARGET AREA. NOW, MAYBE YOU COULD FURTHER DRILL DOWN AND GET DATA THAT COMES BACK IN CERTAIN REGIONS. BUT NO, WE'RE NOT PICKING AND CHOOSING IF WE'RE TRYING TO GET A SURVEY OF STEWART RESIDENTS OPINION TO GOES TO ALL OF THEM. MY CONCERN IS THAT WE'LL HAVE MULTIPLE ANSWERS FROM THE SAME RESIDENT.

SO IF THERE'S A WAY TO PROHIBIT THAT, OR NONRESIDENTS OF STEWART TRYING TO ANSWER. THANK YOU, COMMISSIONER MADISON. COMMISSIONER REED YEAH, I HAD MORE. I WANTED TO COMMENT. IS

[02:30:02]

RIGHT? THERE'S SO MANY WAYS, BUT I LIKE TO GIVE PEOPLE THE BENEFIT OF THE DOUBT. AND THEN AS FAR AS MIKE, WOULD THIS SUFFICE? I KNOW I MENTIONED IF IF THE APPLICANT JUST PROVIDED PHOTOS TO THE DEVELOPMENT DEPARTMENT, THEN WE WOULDN'T HAVE TO ENTER THEIR PROPERTY WITH WOULD THAT SUFFICE? I GUESS THAT'S, THAT'S UP TO YOU GUYS. I THINK THAT THAT WOULD BE SUFFICIENT TO APPROVE IT INITIALLY. AND IN FACT, I DON'T THINK ANYBODY IS EVEN GOING TO HAVE PHOTOGRAPHS BECAUSE THEY CAN'T HAVE A CHICKEN COOP BEFORE YOU APPROVE IT. SO IT'S GOING TO BE AN EMPTY BACKYARD IN THE PICTURE BECAUSE THERE'S NOT GOING TO BE A CHICKEN COOP THERE YET. WHEN THEY COME IN FOR THE APPLICATION. AND THEN THEY WOULD BUILD A CHICKEN COOP LATER. AND YOUR STUFF WAS SPECIFICALLY IF CODE ENFORCEMENT GOT CALLED OUT, THEY WOULDN'T. I HONESTLY, YOU GUYS WERE TALKING LAST WEEK ABOUT HAVING SOMEBODY, YOUR LAST MEETING AT ONE OF THE MEETINGS ABOUT HAVING SOMEONE GO OUT AND MAKE SURE THAT THERE'S NO ROOSTERS AND MAKE SURE THAT THERE'S NOT CLEANED UP AND THAT, YOU KNOW, THAT THERE'S, YOU KNOW, IT'S IN GOOD SHAPE, NOT ATTRACTING VERDANT VERMIN OR SOMETHING LIKE THAT.

SO THEN I'M THINKING TO MYSELF, WELL, WHEN WE GET THERE WAS A PROPERTY THAT WE WERE BLAMED FOR NOT CODE ENFORCING BECAUSE THERE WAS DEBRIS BEHIND A SIX FOOT WOODEN FENCE. AND WHEN WE COULDN'T GO ON THE PROPERTY, I KNOW THE CITY ATTORNEY AND I WERE BLAMED FOR GIVING THIS GUY PREFERENTIAL TREATMENT, BUT THE TRUTH WAS WE WERE PROHIBITED FOR WHAT COULD BE OBSERVED FROM THE PUBLIC RIGHT OF WAY. AND THAT WAS IT. I MEAN, THAT'S LIKE SAYING YOU CAN HAVE CHICKENS NOW THEN. CORRECT. YOU CAN HAVE CHICKENS NOW, IF THE CITY CAN'T INSPECT YOUR BACKYARD, WHAT IS CODE ENFORCEMENT GOING TO DO? I TOLD YOU, MIGHT AS WELL BUILD A CHICKEN COOP. IF YOU HAVE CHICKENS. THERE'S, THERE'S PEOPLE THAT HAVE CHICKENS.

RIGHT. EXACTLY. AND AND YOU JUST TELL CODE ENFORCEMENT, SORRY, YOU'RE NOT WELCOME IN MY BACKYARD. MY CHICKENS DON'T AGREE. THAT WAS MY DOG. I THINK THAT'S KIND OF WHAT'S BEEN HAPPENING. I MEAN, THAT'S BASICALLY WHAT YOU'RE SAYING YOU CAN DO. SO I GUESS IF I MEAN IT, CAN A NEIGHBOR INFORM YOU OF THE PRESENCE OF CHICKEN COOPS AND THEN ABSOLUTELY NOT.

THEN HOW WOULD THAT WORK IN THE OTHER CODE ENFORCEMENT MATTER? WE HAD A NEIGHBOR WALK UP TO THE FENCE AND TAKE PICTURES OF THE STUFF IN THE BACKYARD, AND THEN WE SENT CODE ENFORCEMENT OUT AND THEY COULDN'T SEE THE STUFF, SO THEY DIDN'T GET CODE ENFORCED. SO WHAT'S THE POINT? EVEN DISCUSSING THIS, IF YOU CAN JUST HAVE CHICKENS AND TELL CODE ENFORCEMENT, SORRY, PEOPLE HAVE BEEN DOING I MEAN, THAT'S AN EASY WAY TO GET CHICKENS IN YOUR BACKYARD. AND IT'S A LESS EXPENSIVE. YEAH. IT'S VERY IT'S YEAH, YOU AIN'T PAYING THE CITY NOTHING. IF THIS IS A PERMIT PROCESS OR AN APPLICATION. I JUST I THINK WE SHOULD DO THIS IN GOOD FAITH. IF, IF YOU DO SUPPORT IT AND GIVE THE RESIDENTS THE BENEFIT OF THE DOUBT, I'D LIKE TO THANK MOST HOMEOWNERS BECAUSE THIS IS APPLICABLE TO HOMEOWNERS, I BELIEVE. I KNOW COMMISSIONER MATHESON MENTIONED THAT THEY'RE GOING TO TAKE CARE OF THEIR CHICKENS IF THEY WANT EGGS OR IF THEY WANT POULTRY. OTHERWISE, THEY'RE NOT GOING TO PRODUCE ANYTHING. AND THEN WHAT'S THE PURPOSE OF IT? I JUST YEAH, I MEAN, I, I SEE THE SURVEY. I, MY ONLY QUESTION WAS TO THE BOARD, I THINK LET ME PULL IT UP ON ONE OF THE QUESTIONS, I GUESS. QUESTION ONE, THERE'S FIVE OPTIONS. I DON'T KNOW IF WE SHOULD JUST LIMIT IT DOWN, MAYBE EVEN REMOVE THE WORD STRONGLY SUPPORT. IT'S EITHER SUPPORT NEUTRAL, UNSURE OR JUST OPPOSE. I THINK IT JUST LIMITS THE RESPONSES DOWN BECAUSE THEN SOMEONE MIGHT USE IT AS AN ARGUMENT, SOMEWHAT SUPPORT. I THINK THAT'S WHERE THEY COULD JUST SUPPORT IT AND THEN MAYBE MENTION IN THE CONDITIONS ON NUMBER FOUR, THEY CAN WRITE STUFF IN THERE. I JUST THINK IT MIGHT BE DIFFICULT FOR PEOPLE.

THERE WAS ANOTHER THING IN HERE TOO, AS FAR AS THE SURVEY AND THE DISTRIBUTION METHOD. IT WAS OPTIONAL QR CODE ON THE SOCIAL MEDIA PLATFORM. I JUST THINK IT SHOULD BE A REQUIREMENT TO, LIKE I SAID, LIST A PROPERTY ADDRESS OR UTILITY BILL ACCOUNT NUMBER JUST SO IT CAN BE VERIFIED BY STAFF. AND LIKE I SAID, HOPEFULLY PEOPLE ARE JUST HONEST IN THEIR SURVEYS, BUT IT'S IT'S KIND OF HARD FOR US TO JUST POLICE EVERYTHING. THOSE ARE MY COMMENTS. THANK YOU. OKAY. CAN I MAKE A COMMENT, COMMISSIONER? I DON'T FORGET IT. SO I WAS GOING TO ASK IF WE COULD INCLUDE IT. I THINK WE HAVE LIKE 4 OR 5 QUESTIONS. IF WE COULD INCLUDE A QUESTION

[02:35:05]

I MEAN, I DON'T EVEN KNOW IF THERE'S AN INTEREST. YEAH, BUT I DON'T KNOW IF THEY WOULD FULLY UNDER. I MEAN, I DON'T KNOW, I THINK IT MIGHT CONFUSE PEOPLE, BUT I SUPPORT THE PILOT PROGRAM, BY THE WAY, FROM A CITY PERSPECTIVE, BECAUSE THEN THAT WOULD KIND OF LIMIT THE NAYSAYERS OF SAYING, HEY, THIS IS GOING TO HAPPEN, THIS IS GOING TO HAPPEN. BUT IF IT'S A PILOT PROGRAM, YOU GET TO ADDRESS ALL OF THOSE CONCERNS ONE YEAR AFTER THIS IS ADOPTED, WHETHER OR NOT YOU WANT TO MOVE FORWARD, MOVE FORWARD WITH CONDITIONS, OR JUST NOT EVEN HAVE THE PROGRAM AT ALL. BUT IT'S GIVEN THE RESIDENTS THE OPTION AND HOPEFULLY IN GOOD FAITH, THEY CAN ABIDE BY ALL THIS CRITERIA. OTHERWISE, THEY JUST DO A CHICKEN COOP ANYWAY.

AND DON'T LET CODE ENFORCEMENT IN THEIR BACKYARD. AND IF THE PILOT PROGRAM FAILS, WE GOT A LOT OF CHICKENS TO GET RID OF. YEAH, AND WE COULD EAT. YEAH, YEAH, YEAH. I, I, I SUPPORT NARROWING THE QUESTIONS DOWN OR THE ANSWERS DOWN JUST TO SUPPORT NEUTRAL OR DISAGREE.

REMOVE THE STRONGLY DISAGREE OR STRONGLY SUPPORT STRONGLY OPPOSE. YEAH. BECAUSE IT'S EITHER THEY DO OR THEY DON'T. YEAH. IT'S A YES OR NO OR NEUTRAL. I, I, I UNDERSTAND THE NEUTRAL AND I'M OKAY WITH THE PILOT PROGRAM AS WELL. I, I MEAN, MY WORRY, YOU KNOW, THIS GOES THE WRONG WAY AND EVERYONE'S OPPOSED TO IT, YOU'RE GOING TO HAVE TO GO BACK TO PEOPLE AND TELL THEM THE PROGRAM IS CANCELED. YOU CAN'T HAVE YOUR CHICKENS. THAT'S THAT'S NOT A GOOD SCENARIO. BUT I, I, I, YOU KNOW, WE DID A PILOT PROGRAM WITH THE COMPOST BINS AND IT WORKED AND PROVED SUCCESSFUL AND IT SPREAD THROUGHOUT THE CITY. SO I LIKE THE IDEA OF ADDING THAT QUESTION. OKAY. ANY OTHER COMMENTS ON THE BACKYARD CHICKENS QUESTIONNAIRE? DO WE, MR. RICH? COMMISSIONER. RICH. I'M NOT GOOD. FAITH. HAVE YOU SEEN HOW PEOPLE KEEP DOGS AND CATS YOU EVER LOOKED AT WORKED AT THE HUMANE SOCIETY? SO NO, I'M NOT GOING TO RELY ON THE GOOD FAITH OF PEOPLE TO PROPERLY TAKE CARE OF THEIR CHICKENS. THAT'S JUST NOT NOT IN AN URBAN ENVIRONMENT. YOU KNOW, THESE THESE ARE NOT VACCINATED ANIMALS. THEY CAN BE DISEASE VECTORS. I CERTAINLY WOULD LIKE TO SEE THE QUESTION, SHOULD NEIGHBORING PROPERTY OWNERS HAVE AN OPPORTUNITY TO OBJECT OR TO PROVIDE COMMENTS BEFORE CHICKEN PERMIT IS APPROVED? YOU DON'T WANT THE NEIGHBORS TO BE ABLE TO COMMENT ON WHETHER THEY WANT. THAT'S TRUE. SO THAT SINGLE PERSON HAS ALL THE RIGHTS AND THE NEIGHBORS HAVE NONE. SHOULD NEIGHBORING PROPERTY OWNERS RECEIVE NOTICE BEFORE APPROVAL, I. THAT SEEMS NO DIFFERENT THAN WHAT WE DO WITH ANY OTHER DEVELOPMENT. HOW MANY WITHIN SHOULD KEEPING A CHICKEN REQUIRE A CITY PERMIT OR REGISTRATION? ABSOLUTELY, YES.

THIS IS SPECIFICALLY TO THE SURVEY, RIGHT? ARE YOU ASKING TO PUT THOSE QUESTIONS IN? THIS IS ON THE SURVEY. THIS WAS LIKE, YOU WANT THOSE SPECIFIC QUESTIONS IN THE SURVEY? YES.

YEAH. I DON'T SEE THE HARM IN HAVING THOSE QUESTIONS IN THE SURVEY. I DON'T WANT IT TO GET TOO LONG, BUT I DON'T SEE THE HARM IN HAVING THOSE QUESTIONS. I FEEL LIKE THAT'S MORE APPROPRIATE FOR THE ACTUAL ORDINANCE, BUT THAT'S MY OPINION. WELL, WE CAN ALWAYS

[02:40:04]

EXACTLY. YOU'RE GOING TO GET PEOPLE THAT STRONGLY SUPPORT IT OR STRONGLY OPPOSE IT FOR THEIR OWN REASONS, I GUESS. YEAH. BUT OKAY. DO YOU THINK YOU HAVE SUFFICIENT DIRECTION? ARE WE GOING WITH THIS TWO PHASE IDEA? I'M OKAY WITH A TWO. I MEAN, WHEN IT GETS TOO INTO THE WEEDS, THAT'S OUR JOB. OKAY. BUT RIGHT NOW I FEEL LIKE WE DO NOT HAVE WE HAVE ALMOST NO DATA ON CHICKENS BESIDES OUR OWN INDIVIDUAL CONVERSATIONS OR DOOR KNOCKING. AND, YOU KNOW, FOR ME, KNOWING THAT THERE ARE PEOPLE HERE IN THE CITY CURRENTLY WITH CHICKENS, AND THERE ARE ALSO PEOPLE THAT ADAMANTLY OPPOSE IT. YES. BUT THERE'S A BIG DIFFERENCE WHETHER IT'S A THOUSAND PEOPLE SIGN UP AND SAY, YEAH, I'D GET CHICKENS RIGHT AWAY OR 20.

THAT'S THE DATA I'M TRYING TO GATHER. SO, YOU KNOW. IF WE APPROVE ANYTHING, THEY NEED TO BE NOTICED. PROPERTIES WITH SOME SORT OF AN INSPECTION. YOU KNOW, I KNOW YOU CAN USE PHOTOS FOR PERMITTING INSPECTIONS, BUT THERE NEEDS TO BE A NOTICE OF WHOSE PROPERTY HAS CHICKENS.

JUST LIKE OUR DOG. MY DOG IS LICENSED AS COMMISSIONER, RICH SAID, YOU KNOW, PEOPLE CAN ALWAYS CHOOSE TO BE NOT IN COMPLIANCE, BUT THERE HAS TO BE A SYSTEM IN PLACE TO TO FIGURE IT OUT. I MEAN, WE HAVE THAT WITH OUR PETS. THANK YOU, COMMISSIONER REED. YEAH, I HAD

[02:45:03]

YOU CAN GO. SORRY. I AMBER D'ANGELO, PALM CITY. OKAY, SO A COUPLE THINGS. I THINK THE PILOT PROGRAM, IF YOU GUYS WERE TO GO THAT DIRECTION AND SAY, YOU KNOW, YOU GO TO LOOK AT, OKAY, HOW IS CHICKENS WORKING OUT? I WOULD THINK THAT YOU WOULD WANT TO GO AND LOOK AT JUST THE PEOPLE WHO WERE A PART OF THE PILOT PROGRAM. BECAUSE IF YOU HAVE, SAY, LIKE THE PEOPLE OUTSIDE OF THE PILOT PROGRAM ARE JUST HAVING CHICKENS, I MEAN, THAT'S NOT REALLY FAIR TO THOSE WHO ARE LIKE, I'M GOING TO SIGN UP. YOU CAN SEE HOW I'M DOING. I'M, YOU KNOW, I'M, YOU KNOW, I'M HERE TO DO A GOOD JOB. AND I KNOW I'M BEING LIKE, THIS IS MY, MY PART IN THIS IS, IS IMPORTANT BECAUSE IT'S BEING CONSIDERED FOR FUTURE ORDINANCE TO GO INTO PLAY. JUST TO ECHO THE I WAS LISTENING ONLINE, WE TALKED ABOUT HOW TO MAKE IT ACCESSIBLE TO THOSE WHO DON'T HAVE INTERNET ACCESS. I THINK THAT'S IMPORTANT. I, I TOO WOULD GIVE PEOPLE THE BENEFIT OF THE DOUBT. I DON'T REALLY THINK THAT THERE'S GOING TO BE A LOT OF RESPONSES TO REALLY WORRY ABOUT VOTER FRAUD HERE, WHATEVER. I ALSO THINK THAT WITH, YOU KNOW, REGARDS TO ALL THE QUESTIONS, WE'RE REALLY JUST TRYING TO GET LIKE A FEEL FOR WHAT THE COMMUNITY WANTS. YOU KNOW, WE DO HAVE MORE PEOPLE SHOWING UP HERE IN THESE COMMISSION MEETINGS SAYING THAT THEY ARE IN SUPPORT OF IT. SO I HAVEN'T REALLY SEEN MANY THAT ARE AGAINST IT. SO I THINK THERE'S A LITTLE BIT RIGHT THERE TO SEE THAT PEOPLE WANT IT. AND THEN ALSO IN REGARDS TO TRACKING THE CHICKENS, LIKE REGISTERING THEM, I THINK THAT'S WHAT THIS PROGRAM OR THIS ORDINANCE WOULD DO BY PEOPLE SAYING, HEY, HERE'S SOME MONEY. I'M GOING TO HAVE CHICKENS. YOU CAN HAVE THEM SHOW UP, YOU KNOW, PIECE OF YOUR THEIR SHOW, THEIR PROPERTY. HERE'S A PICTURE OF WHERE I'M GOING TO PUT THE COOP AND SHOW LIKE ON A, MAYBE ON A MAP LIKE THIS IS, YOU KNOW, I'M ADHERING TO THE SETBACKS AND, AND WHATNOT. BUT YEAH, I THINK THAT, YOU KNOW, WE GO THROUGH CHICKENS PROBABLY MORE OFTEN THAN YOU WOULD A DOG. SO YOU CAN'T, YOU KNOW, TRACK EVERY SINGLE CHICKEN. NO, I DON'T THINK ANYONE'S GOING TO MICROCHIP THEIR, THEIR CHICKEN OR ANYTHING LIKE THAT. SO THANK YOU. YEAH. THANKS. THANKS.

CLERK AND ATTORNEY. I'M GOING TO HAND THIS TO COMMISSIONER RICH. I WANT TO BE OUTSIDE THE ROOM FOR JUST A MINUTE. THANK YOU. MISS PUBLIC COMMENT. THERE ARE ADDITIONAL PUBLIC COMMENT.

I AGREE YOU SHOULD SIMPLIFY IT. YES. NO WHATEVER. BUT I, I THINK SOME SOME PEOPLE UP THERE DON'T UNDERSTAND ABOUT BUYING EGGS AND WHAT IT'S LIKE FOR PEOPLE. AND WHY CAN'T WE DO SOMETHING WHERE THE COMMUNITY, LIKE YOU'RE DOING YOUR COMMITTEES AND STUFF, WHY CAN'T

[02:50:03]

SOME OF YOU UP THERE DON'T UNDERSTAND. SOME PEOPLE DON'T HAVE COMPUTERS. THEY THEY CAN USE THESE CHICKENS. THEY HAVE THREE KIDS. THEY CAN'T AFFORD EGGS. SO LET'S REMEMBER THE ENTIRE COMMUNITY, JUST NOT THE WHITE COLLAR, JUST NOT MAIN STREET. NOT JUST ALL THE THE, YOU KNOW, THE CRA, THE PEOPLE WITH THE MONEY. LET'S REMEMBER WHO LIVES HERE. RESIDENTS. AND IT'S NOT GOING TO GET BETTER. PEOPLE NEED TO FEED THEIR CHILDREN. SO LET'S GET THE CHICKENS. BONNIE MOSER. GOOD EVENING, COMMISSIONERS. BONNIE MOSER, 1121 SOUTHEAST 10TH STREET. I JUST WANTED TO GIVE A LITTLE BIT OF BACKGROUND BEFORE I GET INTO THE SURVEY. THE REASON THIS CAME UP AGAIN, IS BECAUSE MY NEXT DOOR NEIGHBORS GOT CITED FOR HAVING CHICKENS IN THEIR BACKYARD. NO, FROM WHAT WE UNDERSTAND, NO ONE COMPLAINED TO THE CITY. WHAT HAPPENED IS WHEN ANOTHER NEIGHBOR WAS HAVING A CONSTRUCTION PROJECT DONE ON THEIR HOME, AN INSPECTOR CAME TO CHECK IT OUT. SOMEHOW THEY HEARD THE CHICKENS OR SAW THE CHICKENS. I DON'T KNOW HOW, BUT THEN THEY HAD TO GET THEM REMOVED. THEY WERE DOING A GREAT JOB KEEPING THEM. ALL THE SURROUNDING NEIGHBORS WERE HAPPY WITH THEM. SO I JUST WANT TO BRING THAT UP BECAUSE IF WE'RE SAYING LIKE, YOU KNOW, WHY ARE WE BRINGING THIS UP? IT'S NOT A PROBLEM BECAUSE PEOPLE ARE ALREADY KEEPING THEM AND IT'S FINE BECAUSE YOU CAN'T GO IN THEIR BACKYARD. THAT DID HAPPEN THIS YEAR. AND ANOTHER POINT I WANT TO BRING UP IS IF YOU'RE A LAW ABIDING CITIZEN AND YOU'RE ACTUALLY PULLING PERMITS, WHEN YOU DO WORK ON YOUR HOUSE, CITY STAFF HAVE TO COME INTO YOUR YARD. AND SO IF YOU ARE KEEPING CHICKENS, THEY'RE GOING TO SEE THEM. SO IT'S NOT AS EASY AS JUST SAYING LIKE, LET'S NOT DO ANYTHING AND LET THOSE PEOPLE KEEP THEM ILLEGALLY BECAUSE WE WANT THOSE PEOPLE TO PULL PERMITS WHEN THEY'RE DOING ELECTRICAL WORK AND THINGS LIKE THAT AT THEIR HOUSE. IN TERMS OF THE SURVEY, I THINK IT LOOKS PRETTY GREAT. I DON'T KNOW IF YOU NEED TO ASK THE QUESTION ABOUT GETTING APPROVAL FROM A NEIGHBOR ON THE SURVEY, BUT I DEFINITELY THINK IT'S A GREAT IDEA. I THINK THAT'S JUST THE NEIGHBORLY THING TO DO, IS TALK TO YOUR NEIGHBORS AND, YOU KNOW, PERSONALLY, YOU KNOW, I HAVE CHICKENS. ALL MY NEIGHBORS LOVE MY CHICKENS. BUT ONE OF THE THINGS THAT I DOWN THE ROAD THAT YOU SHOULD BE THINKING ABOUT IS LIKE, WHAT IS A NEIGHBOR? BECAUSE THE LOT NEXT TO ME IS LIKE A COUPLE ACRE EMPTY LOT THAT'S OWNED BY A CHURCH. THE CHURCH IS, I DON'T KNOW, 1000FT AWAY FROM MY HOUSE. ARE ARE THEY A NEIGHBOR? DO I NEED PERMISSION FROM THEM? SO THAT'S SOMETHING TO CONSIDER DOWN THE ROAD. IF YOU DO CONSIDER PASSING THIS. AND THE LAST THING IS I AM IN SUPPORT OF THE PILOT PROGRAM. I THINK YOU COULD DEFINITELY INCORPORATE EXISTING FAMILIES WHO ALREADY DO HAVE CHICKENS INTO THAT PROGRAM, BECAUSE IF THIS DOESN'T PASS, WE'RE WE'RE GOING TO LOSE OUR CHICKENS.

CITY STAFF'S BEEN IN MY YARD ALL SUMMER. WE'RE DOING LOTS OF PROJECTS. THEY'RE GOING TO SEE MY CHICKENS. SO IF THIS DOESN'T PASS SOON, THEN THEY'RE OUT OF HERE. AND MY TWO YEAR OLD AND SEVEN YEAR OLD ARE GOING TO BE REALLY BUMMED. THANK YOU. THANK YOU. ANY OTHER COMMENTS FROM THE PUBLIC ON THIS DISCUSSION REGARDING THE CHICKEN BACKYARD CHICKENS QUESTIONNAIRE? I HAVE A QUESTION. HOW DO WE PLAN TO IS THIS A MAIL QUESTIONNAIRE? IS THIS A ONLINE THING? SEVERAL

[02:55:04]

A LOT OF DIFFERENT I MEAN, CITY WEBSITE RIGHT HERE. OKAY. ALL RIGHT. THAT'S FINE. I JUST WANT TO MAKE SURE THAT IT'S THERE. AND WE'VE WE'VE DISCUSSED IT AND WE'VE TALKED ABOUT IT. IT'S HERE IN THE, IN THE MEMO AND THE, AND THE INFORMATION THAT'S PROVIDED AND IT'S UP THERE. BUT JUST TO MAKE SURE THAT WE HAVE IT AS A PART OF OUR DISCUSSION. ANYTHING ELSE AFTER THE COMMENTS AND JUST FROM COMMISSIONERS AND, AND PUBLIC, I, I WOULD REALLY LIKE TO HAVE ONE MORE QUESTION OF JUST WOULD YOU WOULD YOU BE IN FAVOR OF PARTICIPATING IN A PILOT PROGRAM IF IT MOVES FORWARD? AND I THINK THAT'S A GREAT, YOU KNOW, WAY TO PEOPLE THAT HAVE BEEN KEEPING CHICKENS CAN COME OUT AND SIGN UP FOR THE PROGRAM IF THEY WANT TO, IF IT IF IT MOVES FORWARD THAT WAY. OTHER THAN THAT, I THINK THE QUESTIONS THEY ARE GOOD EXCEPT FOR COMMISSIONER READS, SIMPLIFYING IT A LITTLE MORE. IF WE MOVE TO THE NEXT STEP AND GET INTO THE WEEDS, PART OF THAT IS OUR JOB. AND WHAT DO WE EXPECT TO BRING THIS BACK? I'D LIKE TO SEE A LOT OF RESULTS. PROBABLY DEFER TO THE CITY MANAGER SINCE IT'S HIS AGENDA.

I MEAN, I TOMORROW WAS THE LAST DAY THAT WE CAN PUT TOGETHER THE SECOND MEETING OF SEPTEMBER.

THAT AGENDA CLOSES. I MEAN, THE FIRST MEETING OF OCTOBER. THAT AGENDA CLOSES AT NOON TOMORROW.

SO THE THE SOONEST I CAN GET IT BACK IS THE SECOND MEETING IN OCTOBER, BUT I I'LL TAKE A SHOT AT THAT. I DON'T THINK THERE'S ANY REASON TO THINK IT WON'T BE THE SECOND MEETING IN OCTOBER, BECAUSE IT'LL JUST BE A MATTER OF PUTTING SOME OF THIS STUFF TOGETHER, PUTTING SOME COSTS AND THINGS LIKE THAT TO MAKE SURE WE CAN DO IT. IDENTIFYING. I NEED TO MEET WITH UTILITIES TO SEE IF WE CAN USE SOME OF THEIR SOFTWARE TO IDENTIFY THE PROPERTY OWNERS AND THINGS LIKE THAT, BUT IT SHOULDN'T BE TOO BAD. AND THAT'S YOU JUST BROUGHT THAT UP BECAUSE THAT WAS ONE OF THE ISSUES THAT IF SOMETHING LIKE THIS WERE IMPLEMENTED, WHAT WOULD IT COST TO HAVE THAT CODE ENFORCEMENT PERSON EITHER GOES OUT ON TO, WE CAN'T HAVE A CODE ENFORCEMENT PERSON GO OUT AFTER THEY HAVE THE CHICKENS, UNLESS THE OWNERS CONSENT TO THE PERSON ENTERING THE BACKYARD. THERE'S PEOPLE COMPLAINING ABOUT SMELLS OR SOMETHING ELSE.

FLORIDA STATUTE 934.50 SAYS WE CAN'T USE A DRONE. ATTORNEY GENERAL OPINION 2022002-27 SAYS THAT YOU CAN'T DO IT WITHOUT A WARRANT. FLORIDA STATUTE 162.06 AND 162.21 SAY THAT WE CAN'T TAKE ANONYMOUS COMPLAINTS. SO I HEAR YOU, WHEN YOU PUT ALL THAT TOGETHER, THERE'S GOING TO HAVE TO BE SOME REGULATION BY THE COMMISSION THAT AUTHORIZES THE CODE ENFORCEMENT PERSON TO ACCESS THE BACKYARD. AND IF YOU DO, THEN IT'S GREAT. WE CAN DO IT. WHAT THIS? I'M MORE INTERESTED IN A LARGER RESPONSE, HOPEFULLY BY THIS SURVEY, BECAUSE THE QUESTION ON CODE ENFORCEMENT MAY BE A MOOT POINT IF NO ONE SIGNS UP, BUT I MEAN THAT WE IT'D BE VERY HELPFUL TO HAVE SOME OF THIS DATA TELL YOU I CAN. SO I'M NOT AS FAR AS RUSHED AND GETTING CONTEMPLATED GOLF CARTS. THERE WAS SOME PEOPLE THAT WERE SAYING THINGS LIKE, I DON'T WANT THE BLOOD OF THE CHILDREN WHO RUN OUT IN FRONT OF THE GOLF CART AND GET KILLED ON MY HANDS, BECAUSE GOLF CARTS ARE GOING TO CAUSE ALL THESE ACCIDENTS. AND STUART. AND THEN ULTIMATELY IT PASSED AND BECAME AN ORDINANCE. AND I THINK THERE WERE 12. I MEAN, LIKE AT THE END OF THE DAY, IT DIDN'T TURN OUT TO BE A HUGE, OVERWHELMING RUSH OF THE GATES WITH GOLF CARTS. YEAH, THERE'S PROBABLY MORE PEOPLE DRIVING AROUND WITHOUT A GOLF CART PERMIT, WHICH, BY THE WAY, THE CITY DOESN'T REMIND US WHEN THE GOLF CART PERMITS EXPIRE. SO IT'S ON THE THE HOMEOWNER ANYWAY. SO IT'S BENEFIT OF THE DOUBT. OKAY. ANY OTHER MATTERS? ANY OTHER COMMENTS? CITY CLERK TIME IS

* This transcript was compiled from uncorrected Closed Captioning.