City Commission - Regular Meeting

this meeting of the Steuart City Commission. We will have the roll call. Mary, Mayor Collins here. Vice Mayor Reid here. Commissioner Clark here. Commissioner Gio here. Commissioner Rich here. And the invocation will be with Pastor James Brochious, you are here. And if you would lead us in the pledge afterward. Pastor Good evening, ladies and gentlemen. Good evening.

Let's pray. Father in heaven, again, thank you for this uh beautiful day you've given us today. Thank you for this just delightful area that you've given us to live in. Thank you for these men and women and all that assists them in providing and preparing for us for a city that is truly beautiful. Lord, uh we do pray for wisdom. We pray for understanding and pray for direction uh for them and for our cities. We pray your blessing on our on their on our families here Lord in Steuart in particular that we may uh be people of peace and of love and encouragement uh and of uh of of joy. So Lord again tonight grant wisdom uh grant uh uh your direction in all that is done. We just pray this in the wonderful name of our Lord Jesus. And everybody says,

"Amen." Amen. Amen. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you, pastor. Comments by city commissioners. Commissioner Rich.

Um, okay. So, let's talk about the Florida Legislature as we're well into the session session and things begin to move quite fast and quite furiously. Um, perhaps the most dramatic legislation is the one that passed in the House last week. I'm sorry I don't have the number, but it was the complete elimination of Advil property tax on homesteaded property. Um, that originally was supposed to be phased out over 10 years, 10% a year, and that seemed to engender some interest in the Senate. This was in the house obviously, but then they changed their mind at the last minute and it from day one it's a 100% elimin elimination of that. There seems to be absolutely no interest in the Senate in entertaining that idea. That is just too dramatic uh an impact on the community. So the Florida League of Cities at least doesn't seem to have much concern about that at the minute uh at at the moment. I'll mention another one. Senate Bill 840. This is what's called the glitch bill. This was an attempt to uh rectify the overly inclusive elements of 180. The city is currently involved in a lawsuit with that. Uh there's only a bill on the Senate side. There's no companion bill in the House. But even if this one were to pass, um, we would still be in violation of

state law because they did not eliminate that. It applies retroact retroactively to the 1st of August 2024. If you were listed in the federal disaster declaration for Hurricane Debbie, Hurricane Hela or Hurricane Milton, we were in Hurricane Milton, Martin County, and it includes all the all the municipalities in that county. So no matter what happens, in fact, they don't think there'll be any bill, we will still remain in violation of state law there. This affects us to a degree. This is Florida Senate Bill 1435. It's called the Infill Redevelopment Act and it proposes to mandate that local governments allow the development of certain qualified environmentally impacted parcels, five plus acres at the highest residential density intensity allowed. And this could potentially apply to our brownfield which is over by the sheriff's department there. So too, so we need to continue to pay attention. This one came up recently. Um, it's very odd to me, but it definitely would affect the city of Stewart. It's House Bill 833 and it says, "A private school enrolling 150 or fewer students shall be considered a permitted use in a commercial or mixeduse zoning district within a county or municipality without reszoning or obtaining a special exception or a land use change and without complying with any mitigation requirements, conditions, performance, standards, ordinances, rules, codes or policies. In other words, a a school could pop up in a neighborhood

with 150 children in a car line in the morning and the afternoon and there's nothing we could do about it and that just doesn't make sense. So, there's a lot of concern with the league with this one. Um, it seems to have some traction, so we're going to continue to pay attention to that one. Obviously, we don't like we don't like any laws coming down from the state telling us we can't listen to the residents of our city and have some input on what we think is a good development or a bad one. So, that's my legislative update. Any questions regarding that?

Um, I would just say, you know, good thing we sued over SB80. You know, there was some talk that the legislature was going to fix it and clearly we had to take action into our own hands. So glad we did that. It proves that you have to. And uh with regard to the school, maybe just a little different perspective as a parent of homeschooled four homeschooled kids is within the current climate within education, you have a lot of hybrid schooling with homeschool. So your smaller hybrid groups, 30 kids or so, 20 kids, it can make it almost impossible for them to function uh if they're completely boxed out with zoning. So something uh less like 150 kids in a neighborhood and maybe 20 or 30 kids in a church annex, you know, kind of a thing, it makes it possible. So

no, 150 is a big number. For sure. For sure.

Okay. Okay. And then finally, at the last meeting, you know, I I described a series of events regarding our former city manager, former finance director, um, indicating that I was going to ask for an investigation into what actually took place. I was able to read the room that night and I had initially decided to not pursue that further. However, I cannot ignore um the article in the Steuart News on the 16th of February where he was interviewed and Mr. Boglio stated he said he was asked to take actions that were illegal, immoral and unethical which he refused to do. And despite statements from this dis that he had resigned, he said I didn't want to resign and that he had been volunttoled to step down. And shortly after that, not only did Mr. Boglei resign, but three other members of the finance department resigned. So, something is taking place in the city that suddenly these long-term loyal, incredibly valued employees are leaving us and we need to find out what's happened. So, I do want tonight I am making a motion that we instruct the city attorney to hire an outside firm to conduct an investigation of the veracity of the comments by Mr. Boglioli and to determine if there were any criminal, illegal or violations of the code of conduct by any commissioner or commissioners.

So, I'll spare you the expense of uh the investigation is just before that meeting, I did speak with uh Jolie and I didn't tell him to resign. I let him know that I would be recommending to this board that Raz step in. What I do think is strange is and maybe it was just bad reporting, you know, you never know. But the characterization that he was asked to do anything immoral or illegal and I would be very curious what that was. I'm surprised there was no followup from Keith Burbank on that because I would be just as interested as um the public to know what that was. And it does sound suspiciously like what uh Mr. Mortell said on the way out. Almost identical talking point. So I wonder how real it is because I didn't ask Mike to do anything illegal or unethical either. So I don't know what's going on. Um to the point of the the other people that have left finance, I' I'd like to lean on Roz to maybe give a little context on that where it's appropriate because it is staff. You know, I know it's

Well, I think we first need to determine if there's a second because if there isn't, there's no basis for further discussion. You brought it up. I I'd like to discuss it. I brought up a motion. Sure. Okay. Um I'm happy to wait for a moment and see if we have a second. Motion fails. Roz, do you feel comfortable speaking to that? If not, no pressure. To the finance staff.

Mhm. um our senior accountant who has been with us for 23 years submitted her retirement which we did expect around this time. She did say two years ago that she would offer about two more years. So we're about at that point. She is helping with the transition. We had the assistant finance director resign. Uh she's been part-time but her position had ballooned into really full-time. She's been instrumental in um software implementations and helping transition with Mr. Balioli's resignation. And then the third is a part-time procurement specialist, contract manager. And she she actually worked with us full-time a while back and retired and came back part-time. And she's given notice, no date given. She's going that was the assistant. Okay.

The assistant was remote. um but quite effective in her role. Um do you mind getting us up to where we're at now with new personnel coming into finance? Yes, we have a temporary finance manager who is on board to assist with timekeeping, ADP, uh software implementation, continuing that journey, helping with audits, helping with recons, and then we have uh recruitment underway for the finance director and also for the senior accountant. Mhm. It's underway.

So, for clarification, we've gone from, you know, remote part-time to now being able to sh up and have some people local that are going to be very well qualified. So, I'm thankful for where finance is at and where we're headed. Any other comments? No. Commissioner Gobi, I have no comments.

Fair. Fair enough. Commissioner Clark. I'll wait until you make your comments to do something. But um I just want to say that I have been um meeting with the assistant or acting city manager to um I guess to come to the board and I don't know if I'm going to ask tonight raise our wage but we have a program that comes up every year in May and the League of Cities has been working throughout the state of Florida and supporting this program. It's a emancipation day program that the legislature and the league and the Florida um division of cultural services um works with our communities and our cities especially. So, um, I just wanted to make sure that we have enough time to plan and reserve and do whatever we need to do to get that program going and to also have a small budget to work with that. It's May the 20th. It's called Florida Emancipation Day. And I just wanted to get the board's um approval to allow me to to go ahead on and uh plan for this. I planned for it last year and we had a good program and the school board wants to get involved this year as a part of their whole education program. So, um, and I've talked to them about using a facility at the school board just so that I could start to get some ideas of what could be a possibility to do this year. So, I'd like to get some agreement, a plan on behalf of the city for the 2026 Florida Emancipation Day program in the city of Stewart.

Could you explain to the community when

Okay. Okay. All right. So, so um Florida Emancipation Day is set out in the legislation for the state of Florida and it's May 20th celebrating May 20th, 1865. Uh most people hear about emancipation in the context of the Emancipation Proclamation. some people here 1863 and all the other years that different resolutions have been filed but an official date 1865 and then for persons who were enslaved. Um, a lot of people uh have the major date for emancipation of the enslaved as the last date when people heard about it and that's uh in June 19th in Texas in Galveastston, Texas. But in the state of Florida a month before that really uh Captain Makook came to Tallahassee and brought the news um from I think General Sherman brought the news. they were all just kind of moving south and doing different things at that time during the war. He brought the news or after the war he brought the news and um he stood on the steps of the not building up in Tallahassee which is where they keep their annual celebration up in Tallahassee and he declared that and it actually was put into the circular on the 20th of um May. So, it's put in it's in the history books as the 20th, but it actually was all the 19th and then it's just like when you do something in the courts and you go and you file it, but the filing date may show up the next day depending on when it's um entered into the register. So, that's why we have in

the state of Florida this May 20th as celebration of emancipation for the state of Florida. Junth is the for the last time the last time when the news was heard in the Netherlands of Texas. Uh so um so the state of Florida has been pushing celebration and working on it and um now the legal cities has for the at least for the past six or eight years if you look at places like Tallahassee and Gainesville and Jacksonville and other areas the cities have be become involved with um uh celebrating their cultural history in this regard for the state of Florida. And so for the city of Stewart, we've had it since 2021 and some folks in Martin County had asked us to do celebrations maybe in other parts of the county and people have been encouraged to do that. Uh, one year we did go to Jensen Beach, but most of the activities have been uh within the city of Stewart and um and we are going to be doing something in the East Stewart area this year in 2026 as long as it's okay. There's no really big budget or anything for this event. And in fact, it falls during the the May month when we have historic preservation month and it will be one of the activities from the city of Stewart for the historic preservation month um list of activities.

Is there a motion needed from the das? I will make a motion. So, so, uh, I'm making that motion that we plan and prepare for the emancipation, um, celebration on May 20th in the city of Stewart. Um, I'll second the motion if we have a a financial on what this would cost.

I've asked city manager to try to come up with something. It would um, it hasn't Did you check and see what we used the last time? I think I'd ask you to look, but I really I haven't. It's been just a program at a church and anything that we're going to do. We're probably going to work with the school board to get some charts and a few other things. Uh we had some money for food the last time. We did have some money for refreshments. I am looking for entries related to that in the past. I haven't been able to find anything yet, but we'll keep looking. We'll keep looking. Thank you.

So, we have a motion and a second. Are there is there any comments from the public on this motion? Seeing none, are there comments from commissioners? Seeing none, Mary, would you call the role? Commissioner Rich, yes. Commissioner Gio, yes. Commissioner Clark, yes. Vice Mayor Reid, yes. Mayor Collins, yes. Thank you. Does that conclude your I will go and plan a million dollar event for the city of Stewart. I already put a cap on.

No, no, no. Surely, we've just had it at at the churches and we've had refreshments and the school board when I just broached it to them after the last joint meeting, they were we're going to try to do something with a historic school facility and we're going to be working with them on that. And I'm sure that we could get local vendors to donate food for the event. Yeah. Is that it? Thank you. Thank you, sir. Thank you, Vice Mayor.

Yeah, I have a couple comments. I saw an email come through from Martin Arts about the Steuart High School. I wasn't even familiar with that until I actually got the email. So, I I don't know what's going on with that. I guess I'll wait for it to come in front of our board um before I have an opinion on it. Um I want to talk about the no board this morning. So, Mayor Collins and myself sit on this Metropolitan Planning Organization Board for Martin County where representatives from the city of Stewart, and there was a an agenda item for a project for sidewalks in a community in Jensen Beach, and there were multiple petitions signed from residents that lived in there. And there were still four of your elected officials in the county that voted yes on this agenda item. So, the motion passed. So basically, the residents didn't get what they asked for. I hear it a lot in public comment sometimes, but it hurt to see this stuff. Yes, I had personal ties to it, and I mentioned that during the no. My family lives in there. I have friends that live in there. But now you're going to have non-conforming residential houses that are going to block sidewalks like we see in Port St. Lucy, and you're going to have code enforcement called, and you're not going to utilize your entire driveway. So, that's my comment on that. And then I want to talk about uh another issue that keeps getting brought up or multiple issues. It's it's the backlog of issues that still have not been addressed in the city. Um I'll throw out some examples. I know the Rudges are here. I see Janine out there. Uh Stanovich, uh the Leonard property. And I think there's a long-standing history of issues that predated myself and maybe even some of these fellow board members up here, but I don't know how we resolve them. I I don't know. I don't know if the city manager can come up with a solution for some of these things, but they just need resolved in my opinion. Um, also, I wanted to

mention I'd like to see a resolution come before us for chickens in your backyard as well. I think that's something that should be talked about. I know originally this motion passed before at the time Jeff Croskoff was a elected official and he was the one that rescended his vote, but I think uh the Martin County Realtor Association would probably get behind this because they support property rights and this is a prime example of property rights being taken away from homeowners in the city of Stewart. And that's all I have to say.

So my comments are mostly just housekeeping. I wanted to check uh the letter that we had discussed going to the county with regard to a public meeting per union negotiations. Yes. Yeah. We've got that drafted and we'll have that ready for your signature to go out. You rock. Sure. You are the best, Ross. Thank you. You're welcome.

And then items for the next couple of meetings. We've discussed a lot of this already and some of this is already scheduled but just for transparency for the next meeting a DND with regard to the halfsent sales tax priorities we've already been discussing this but after Ruth gave us you know true legal idea of what is appropriate going through those um part of that in particular is the arts council property discussing that as well um let's see here. I'm sure some of those comments will come up because some of you are here. But for for the public, and this is not an item yet, just just for public uh you know, transparency. The one thing I regret from that meeting was saying make it a park with no other context. Uh so I attended Thank you. I attended the uh school board meeting uh because I became aware that the property where the arts council building is the old high school building. Um there may be some desire to sell that property and so I attended that meeting and offered uh as one of five

was sorry the arts council is in the old courthouse building both. So they're actually in the old high school building as well. Temple, but I'm not talking about the courthouse building, the old high school building. Okay. I see you're talking about the temporary. So

Yep. So as one of five, I didn't I didn't uh certainly go up there and say this is what we're going to do all of us, you know, but I said as one of five there could be interest and we also have the opportunity with the half cent sales tax money potentially and that I would bring it up here. Um, and we will be discussing it hopefully next time uh to potentially buy it depending on if everybody else thought that was a good idea and what the cost might be because they were doing some appraisals on the property from my understanding as well. Arts purposes or that's to be discussed.

So for me, one of us, you know, you know, my sense would not be and again I regret saying make it a park. I think that gave the opportunity for some people to think I I plant, you know, my my vision was to bulldoze that historic building and and just plant trees or something and it is not. So, if I can assuage those fears, um I I I think it would be actually fantastic and the letter that was sent by Arts Council, that type of um proposal where they're talking about renovating that and and putting a lot of money into it, I think it would be incredible for the city to be able to own something like that. So, uh for clarification for anybody who might be um tense, you know, that I said make it a park. Um really my goal is to prevent that long-term from becoming uh something more developed like you know apartments or mixed use or something like this. I want that particular parcel to stay uh municipal owned and be green space you know be be a place where the arts can be uh more than seeing that get developed especially next to a school into something more intensive there. Uh, so

partnerships. Yeah, partnership. Partnerships. Go for it. I think that's a good word to throw out there. Yes, partnerships. Uh, so beyond the halfsent sales tax DND, I also wanted to see if possible on the next agenda

because we've sent out that um or no, forgive me. That's the next item. Bright line, the Bright Line Bright Line parking implications. I've discussed this with you guys at the one-on-one meetings, but I'd like to see staff formally bring back what the requirements are for parking at the courthouse, what our arrangement was, part of that gazebo parcel change. you know, we we waved some of the parking requirements for the courthouse, but ultimately my concern is that with Bright Line getting that entire parking lot there that the courthouse will become grossly deficient for staff parking, which will force courthouse staff to park on the on street. And so part of that conversation is also we've already designated some percentage of that on street parking to projects like the Elizabeth. it was underparked in part because of that um on street parking. So I'd like to look at that holistically to see if what I suspect is true is that we by by having Bright Line happen that very well could be a huge nightmare for parking. It could lead to looping and circling as you know especially next to Steuart Middle School. I think that could create issues there. just a lot of bad confusion corner, you know, traffic and and I'd like to look at that if it please the board and have a DND next time if you guys can make that happen. And then finally for next meeting with the the grant application going out for the FEC bridge I had mentioned I think at the last meeting. Personally I I don't want to pay for FEC leases if we're helping them secure $200 million of taxpayer uh money for their bridge. So, I think part of the negotiation of securing them

that much taxpayer money for their bridge should be relief from um having to pay for underground leases, parking spaces, crossing the tracks. We pay uh cost

a lot of money for that. You know, over $100,000 now a year. So, what I would like to see is a presentation, not a DND as much obviously we can discuss, but a presentation from staff with the numbers up on the wall of what we're paying FEC and and for what what that has looked like, you know, at 5% a year um escalating for Infiniti and the grant. We've sent the application for the grant out, but at some point that's going to come back for final approval. and what that timeline is and what it would look like to have correspondence with FEC so that it's not reactionary and when that comes back for approval we're saying well you know we don't want to get charged we need to be having some kind of correspondence with FEC so what that might look like uh in terms of a timeline and what might need to happen so maybe a joint um presentation between both of you two because there's a lot of overlap there

um Oh, Vice Mayor, forgive me. Can we have a representative from FEC there as well? Good luck. Right. Right. I was told good luck for that. But if we're giving them money and we're paying for 90% of the bridge, taxpayers, meaning not just me, I think there should be a representative from FEC that should be open to questioning by us and then send them more questions ahead of time or

negotiations. I know what we want. And then for the uh 323 meeting, a resolution, not an ordinance, but a resolution uh in front of us requiring and we talked about this in the one-on-one meetings as well, separating the cost of living uh rate, taking that out of just something that we approve overall in the budget and for transparency for the public, for the rationale for what that rate's going to be, that conversation in a presentation, and then ultimately approving that separately and not just sort of buried in the larger budget. So, within that same budget time, abilities of what we would do on the current city hall site. Um, and then if she has other information she wants to present and then potentially also have Jim, I don't know if Jim is Yep, Jim's here. I think you'd be awesome at this personally, but Roz will make the call. He's going through those past plans and that that you have access to in the past and have us start a conversation and hear about what we might want to see happen that um maybe in this present after this presentation is done and some conversation might look like either scheduling a workshop for the public or something like this. I wanted to get that on an agenda uh for 3:23 so we can get that started. And I think that's about it. Oh, and then at some point when staff is ready, I'm I'm I'm in agreement with chickens.

Thanks. Yeah, it may sound funny to some people, you know. No roosters. Rooers, only chickens. No roosters. It it it may sound funny, but I do think u you know, families, you have small families, you have kids. being able to have uh I don't know four hens, I don't think it would destroy the city. But uh those are my comments. City manager, I do have some. Yeah.

Yes. A few things. So, one is I'm requesting support uh to expend some funds for the upcoming environmental stewardship awards banquet. It will be held on Thursday, April 30 at 6 PM at Willoughby um golf club. It's held every other year and it recognizes environmental initiatives throughout the community. Tickets are 185 per person and if the city manager and all commissioners attend, which has happened in the past, total cost would be $1,110 and funds have been allocated in the current budget for this purpose. Stuart is being recognized with several awards um within the CRA. Two awards are being presented. One is for the gateway signage project and another is for the utility box wraps uh both of which enhance community aesthetics. Public works will be recognized for the storm water calendar uh which is an educational effort promoting stewardship. And the city is also being honored for its environmental initiatives related to the vertical oyster gardens.

Yeah. The grassroots effort uh included participation from uh members of public works. Oyster shells were recycled from local restaurants across Florida. The Martin County chapter of the Coastal Conservation Association of Florida constructed the vertical gardens. They were deployed in uh September of 24 and each structure is now supporting 50 to 75 new oysters which contributes to water uh quality and habitat restoration. The employees who are going to be receiving those awards on the part of the city would have their tickets funded by their respective departments which are also budgeted. So really the question is are is anyone available for this Thursday, April 30, 6 p.m. event to attend and if so are we permitted by the commission to purchase those tickets?

I have no problem with that. I don't know how the rest of you feel. I have no problem with that. I won't be attending so I don't need a ticket. Try not to go to events is what I call them, but that's my personal opinion. Yula, I have it on my calendar to you going anyway. I'm going to be a maybe. I'd suggest the Okay, wrap and some other things that they're getting an award for. So, I'd like to make sure that I see what's going on and I'll certainly attend as well if I'm still in the ICMC. Might be filled by then. Commissioner Gio.

Uh I don't know that I if a date is available, I'd love to go. I'd like to see everyone receive awards. I think the city's done a great job. Um when when would we need to let you know by to confirm? How much time do you need for to know? Madam clerk, don't have information on this one. Give us a hard fast date, Ros. I would say by mid-March. I'd say in the next two to three weeks, we should know. So we got to let Roz know if we're going. But I have no problem having us cover that. April 30th. That's a Thursday. Okay. Do we need a a vote for that or anything or what's the protocol?

Consensus, but if you want to get a quick vote for a motion, that's fine. Is there a consensus? Consensus. Is there consensus? I Commissioner Rich. Yes, that's fine. Yes. Okay. No, I I I think we've had many of us there in the, you know, prior time. So, but if you need to give my spot to an employee, um, that's fine. But I think you said you've covered them. Yes. Yes, the employees are covered. And, uh, Okay, good. Wonderful. Comments. I do have a couple more. Is that all right? Absolutely. Okay.

Um, wanted to recognize a few employees. Um, every time we meet with leadership every Tuesday and we open every meeting with what's good. What's good? what's good that's going on in the city and the city employs about 300 uh dedicated souls who are serving the community professionally and with their expertise and when I ask the question what's good directors have come forward with a few uh utilities and engineering we have Devin Payne who is an infrastructure location system specialist and he joined us about six years ago as a utility service worker and has continued to develop and grow in his career and he recently earned his Florida D class A distribution system operator license which is one of the highest levels of certification in the field which is yes demonstrating advanced competency well beyond the baseline. Also in utilities and engineering we have Brad Leveti. Brad joined us in 2022 also as a utility service worker. He moved on to a treatment plant operator trainee now serves as a full-fledged operator which requires a class C license and he just acquired his state class B license goes CBA A is the highest uh which is his ongoing commitment to excellence and desiring to grow in his career. from our HR department. Debbie Smith, one of our HR programs analysts, just earned another professional certification in payroll, uh, which is demonstrate demonstrating her, uh, commitment to maintaining high standards and professional growth in her line of work. And last but not least, we want to point to the city clerk's office. There are three employees in the city clerk's office, and they handle an enormous volume. And in only 32 days of this fiscal year, they received and processed 169 public records requests

in just 32 days with three people. Sorry, it's a lot. So casualty of being controversial up to 20. We're lucky to have such a remarkable staff everywhere throughout all the departments. Roz and I have spoken about this. I thought it would be really nice to do a spotlight on the website. A spotlight spotlighting different employees. A lot of people really don't know in the community what they do, what certifications they need to do their job, and so I think that that's important for the community to know. I agree. They're phenomenal. So, thank you for allowing me to bring these forward and share with you. And every Tuesday, I'll be asking directors what's good. What's good? Thank you all. Mary, do you want to give some kind of speech? We don't have the time to Okay.

Do we need a consensus or vote to do all of these uh DNDs and the items you want on the agenda? Did did if there's if there's a a follow a disagreement to what I said or No, I'm I'm in agreement to those. Okay. So, moving on to approval of the agenda. Do I have a motion to approve the agenda? Approval of the agenda is published. I'll second the motion. Okay. All in favor? I. Comments from the public on non-related items. Three minutes max. Mary, do you have cards? I do have a timer, too. You do have a new timer. Looks good. I have William Rudge.

You're gonna explain the new system, Mr. Mayor. Mary, do you mind giving a little context to the new system? Oh, yes. Okay. We have a new um public comment public comment timer. And so, as you'll see on the corner of the podium, when we start the time at three minutes, it will light up green. At 15 seconds, it'll change to yellow, so you know you can wrap it up. And then at red, it'll go off and there will be a buzzer sound. And then there's a new ejection seat. Just you go another 15 seconds. You're gonna It's just to promote efficiency and keep everybody on track.

Okay, I guess I'm the first one to try this.

Good evening, commissioners. My name is William Raj of 1701 southwest Palm City Road Stewart Florida to address Vice Mayor Reed's comments regarding legacy cases in Stewart. I came here tonight to ask for an upgrade on the investigation I have been calling for since last year. There have been many reports delivered multiple ways at multiple times to this commission of criminal activities allegedly occurring perpetrated by city officials sitting in the official capacity. most notably Michael Motel and Paul Nicollet among others. So I am here tonight to demand this investigation take place. You think by throwing Mike Motel under the bus and firing him, you got rid of him and all this goes away when all you really did was move him up to the trial court administrator in Martin County. Basically, he got a promotion as shameful as that is. And now I really would like to know what's going on with this investigation. And at this point with your apparent apathy and negligence, I believe the investigation should be thirdparty independent one. I do in fact expect an answer soon. Please, as I have been asking about this since last year, if you're not part of the problem, you're part of the solution. Then you pro. Thank you for your service and your time. God bless our city and God bless this commission. Amen.

Next, I have Janine Alexander. I ask for the clock until they find their reference, but I don't have time to

they have them up there. Okay. Some of you all might recall January 26 meeting when when I um presented and I kind of lost my cool a little bit when Lee Baguette went into a 19minute narrative in which he revealed some of my personal health matters as well as disclosed um a couple of police reports that were found to be false um which crossed the line into defamation per se in Florida statute. I'm going to proceed. December 8th, I made public comments in commission meeting to reinforce the termination of Michael Martell. Lee Baguette was directed to with the responsibility to explain the SIRB process and update the commission. On January 26th, 2026, in the agenda item, Lieut proceeded to read a six-page narrative 19 minutes long, where he did not reference any case numbers or complaints, but instead launched into an all-out smear campaign against me. Mr. Beagette cited a suicide attempt noted in Officer Vo's police report. Mr. Beaguette failed to provide medical records to support the claim, and it would it would not have been appropriate if he had. It never is appropriate to do what he did in public. Mr. Beaguette cited two reports of vehicular damage to Gallas's car, which was my former domestic partner, which neither were founded. All total, Gallas reported 12 false police reports, which resulted in a defamation per se claim brought by me and case as case number 2018 1560. All total um there was never any proof of Okonnell's injuries. Joyce Okonnell was also a defendant in the defamation

claim by f photograph or medical report. In contrast, on January 26, you might recall that I brought a package that was emailed to officers Sudolf and Derk Tau in 2017 revealing injuries that I sustained the evening of February 27th, 2015. In stark contrast, there are no such photographs or any evidence of injury to Miss Joyce Okonnell, who is now deceased. Citizens I filed a citizens complaint in 2018 under um attorney leadership Michael Martell, who was eventually promoted to city manager. Um but David Diaz, who was the former chief of police, was promoted in advance of Michael Mortell during a period of time when he was in question for negligence um based on his police officer's negligence. Uh, Miss Roz Johnson was assigned the task of constructing a summary report to which I refer this evening um, which claimed that Steuart police failed to follow policy 27 and 28, evidence, property, and crime scene, which you will find in your packets. Policy 27, pages six and seven, delineate specifically what police officers are supposed to do. I apologize, I'm down to 15 seconds. Due the events of February 22nd, I lost my teacher's license and my ability to provide for myself and my family.

Your time has ended. The only other recourse I have is under 768.28 as a civil litigation, I must give this commission six months to respond. Thank you, Miss Alexander. The time is up. Thank you. Thank you,

Mr. Kim Coffee. Ladies and gentlemen, I am Kim Michael Coffee from West Palm Beach. I am here in regards with Janine Alexander. Let's see. I'm a a Florida resident of Palm Beach counties. I became acquainted with Janine Alexander by the through a f mutual friend and acquaintance from college. I owned and operated a carpentry construction company who primarily focuses on bathrooms and kitchen remodels for 45 years. I'm I'm retired I retired five years ago. Janine and I have uh were investing in properties in store of Vista Pines which were distressed and needed update from either um sorry I'm a terrible speaker rentals for resale. We uh resided in Vista Pines and had a lease purchase option on Y3. Janine and I had outstanding reputation in the community with with the HOA. Due to the events in February 27th 15, we lost our rights to the property as Gallas and Okonnell falsely reported to HOA that our and evicted. I have always believed in Janine's innocence and the event followed by a denial of Gallas's marriage proposal and she not no neighbor Joyce O'Connell until the evening. Stuart police officer Vo was first on the scene. Joyce O'Connell was uh intoxicated, which was concealed

when she didn't obtain a medical treatment for her claim of injuries. They didn't take photos at the crime scene. Yeah. Okay. There was a 55 second video clip which was used to incriminate Janine shows Okonnell drunk um drunken and swaggering with a glass of wine in her hand as she followed Janine out the door and said let get her out. Gallas swore the recording of seven minutes but edited only to the police acquired thought uh through email from Gallas. March 11th, 2015, Janine was supported and arrested without warrant at her residence at 10 10:30 p.m. by four armed Steuart police uh supervised by Matthew Cernado. These events have left a trail of deception, lies, damage, and reputation, and financial loss to Janine and her family. The city of Stewart, headed by former administrator Michael Mortell and David Diaz, appear to have neglected their duty to follow police policies that protect and serve public. Janine is an example of what potential devastated attitude covering up police. Oh goodness, I'm about to be a crash dummy. Thank you all. Thank you.

Gwendalyn Hall Brinkley. Good evening. Um, some of the things that I came up to talk about, you guys have kind of mentioned it, but I just came up because the last city commissioner meeting, you guys had a honey sugar iced tea performance up there. The disrespect that you showed each other, I thought did not represent our city well. And then on top of that, for me to go on my Facebook page and see that our city manager, not our city manager,

mayor,

city mayor had made a video of that sugar honey iced tea event and mocked another commissioner because he he stumbled in reading his prepared speech and compared that to our former vice president Joe Biden was terrible. You should really be ashamed of yourself. And to have my family in another state saying, "What's going on in the city of Stewart?" And I asked them, "Y'all saw that, too? I think it was terrible." Okay? And I want you all to know that that is not a good look for the five people sitting up here that is representing our city. For whatever reason, Mortell was asked to resign or was fired because it all ended up without cause. I think we all have a right to know. So, an investigation maybe should be done. Okay. He wasn't one of my favorite people, but this has just gone too far. It's gone too far. And I think our city deserves a better representation from the people that are supposed to be looking out for us. We're paying you tax. We're paying tax money. Whether we rent, own, we shop, and our tax dollars are taking care of whatever salaries you're getting. And for whatever salary Martell was getting and for whatever lawsuit that's going to be filed, taxpayers dollars are going to pay for it. So give us something better. Represent us in a better way cuz you all did a terrible job at that last meeting.

Karen Hall,

I can't top that. That was so good. I should have gone. Good evening. Karen Hall, 1701 Southwest Palm City Road. I label my thoughts tonight. What can we do for the safety of our community? Or how can we help you help us? Oh, I sent you this email. This was like a couple days after Mortell left and I just said, "Checking in on you. I'm heartbroken about all this, but I know it's best for the city in the moment. I want to encourage you and remind you that you're well loved in this community. Take your licks, say where you aired, and restore your life. Your family loves you. Your community loves you. You are the comeback kid. It ain't over for you. This was to Mike Mortell. Okay, that part where I say, um, say where you aired and restore your life. this guy. I agreed with you. We did not want to air Mike Mortell's dirty deeds done dirt cheap. That was not right. We were polite. You guys were very nice. I didn't agree with letting him go without cause because I knew the cause. There are criminal actions. He did criminal things. Doesn't mean he's not a good guy. He just did a couple bad things. So now he's over as a trial court administrator. Had we investigate him, had we fired him with cause, I think you were trying to protect the city like there might be a lawsuit if we fired him without co I mean with cause. So just like Queen Elizabeth letting Prince Andrew go, this is what we did. We tried to be nice to Mike. We tried and instead of taking any accountability, now he just hopped over there. He is a That was the second thing I gave you. This is the 19th Judicial

Circuit. Chief Judge Schwab, the 19th Judicial Service serves, I'm laughing because laugh or cry serves the Indian River, Martin, St. Lucy, and Okchobee counties. The 19th Judicial Circuit operates under the leadership of Chief Chief Judge Schwab and Michael Mortell. He is the court administrator. So, I think you guys did what you did. How can you help us? Like, how can we And then I put a picture of our chief judge so we could all pray for him because he and Mike are like trying to do the right thing for our community. I don't know how he left here and has that kind of position. It's very scary for people like us. We're defendants in our case. We just want a hearing. And when Mr. Mortell prevents us from having a hearing and now he's the trial court administrator. You couldn't make this up. So I don't know what we can do about this as a community for our community. It's dangerous. He was dangerous here. Now he's going to be worse. Thank you for your service.

Nancy Terrell. Good evening. Nancy Turrell. I've been the longtime executive director of Martin Arts, which is the umbrella for the Martin or for the Arts Foundation for Martin County and the Arts Council. Uh we have a long-standing, very positive relationship with the city of Stewart. We're one of the key cultural organizations that serves this community and brings lots of good things to life here. Um related to Mayor Collins comments to uh earlier and uh over the last week I would like to request opportunity to uh share the vision. I was sort of waiting for us to get to the next step to ask for official time to present what the vision is for that facility, but I think now is the time. Um, and I also want to note that a key piece of our um, negotiations with the Martin County School District, it's not just a lease anymore. It's a lease with an option to purchase and um, the purchase would come with a deed restriction to keep it in public use. So, a lot of the things you said, I think, you know, make a lot of sense and are already the direction that everybody is moving in. So again, I'd be happy to make a full presentation and any time happy to meet with anyone one-on-one to share uh comments and questions and concerns. Thank you.

I have no further public comment. Mayor Okay, moving on to the consent calendar. Is there Mr. Mayor, with regard to the consent calendars, item number one and two, although I think they both need um individual, but um just just a consent calendar to approve the consent for consideration. Second motion. I did. You said second. Is there any public comment on the consent calendar? Seeing none, are there comments from commissioners? Seeing none, Mary, would you call the role? Vice Mayor Reid, yes. Commissioner Gobi, yes. Commissioner Clark, yes.

Commissioner Rich, yes. Mayor Collins, yes.

Now, moving on to item three. Before we do that, I just wanted to uh recuse myself from this particular item. Because of my personal friendship with Mr. Benadetti and professional relationship, I am a tenant of his. So, yes, that doesn't technically uh from my understanding, I'll lean on my attorney, that doesn't technically create a conflict of interest, but out of an abundance of caution to avoid any appearance of evil and propriety, uh I was going to recuse myself and and request that you would read um the applicable

if you have access to it. Sure. Mr. Mayor, he'll file the form. Mr. Lee to file the proper form.

Yes, he's got 15 days from today to file the form. So although he doesn't necessarily meet the statutory definition of a conflict to prevent voting under Florida statute 112.3143, um pursuant to Florida statute 286.012, 012. Uh, if the official decision, ruling, or act occurs in the context of a quasi judicial proceeding, which is what we're about to get into, a member may abstain from voting on such matter if the abstension is to assure a fair proceeding free from potential bias or prejudice. Um, I found a uh ethics commission um opinion and it's uh commission on ethics opinion 20-3 from year 2020 and it had a similar issue come up with a commissioner and it likewise the the commission said that the commissioner would not have a voting conflict under section 112.3143 Florida statute although it is recommended that he abstain from the vote pursuant to the statute that I just cited to 286.012 to avoid any appearance of impropriy. So under that um under that basis from the ethics opinion in uh Florida statutes 286.012 uh the mayor has chosen to avoid any appearance of impropriety by abstaining from voting on the next issue, next agenda item. And if it pleased the board, I was going to stay on and chair this item. But if it did not, I would be happy to recuse myself entirely and go have a snack in the other room if you told me.

No, but just to clarify, when you recuse yourself, you also are recused from engaging in the discussion. Correct. I would recognize you and mayor. Yes, sir. Yeah. I got a qu. This is for for legal. So, this is only for quasi judicial. It's not required. Correct. It's It's not required, but it's recommended by the Commission on Ethics in a similar situation.

Yeah. So, my my gripe with that is is we've had so many other prior elected officials that had personal ties similar to this, and they never recused themselves at all because it's not it's a recommendation. It I don't know. I mean, I I listen, I respect where you're coming from. This is more so for prior elected officials. It's disgraceful then if they didn't take the recommendation. And I think it irks me by sitting up here because I know they had a bunch of personal ties for prior quasi judicial items. It's I mean anybody can recuse themselves on a quasi judicial. I might as well recuse myself from everyone if I felt like it. Um I have personal ties to everybody. I mean and and I'm born and raised in Martin County. I just don't know. And I'm not knocking you by

by uh recusing yourself. This is more prior I guess the standard was set. It's like how do you look at past agenda items then that were quasi judicial that got approved then Lee? I I I I can't answer that question. I know I looked I looked at I looked at this question and the mayor wanted to not have any appearance of impropriy. He disclosed that he's close friends with the applicant and he's person he's also his business his medical practice is a tenant of him in his other building that's not at issue tonight. So with those

those facts he asked me to look into it. I looked into it. I found what I just cited to and I think it's best that he avoid any appearance of impropriy. Yeah. Like I said I respect the both of you. This is more so prior elected officials had personal ties on a lot of stuff. I'm talking cousins, family, financial investments, and I don't think I ever heard any prior elected official over the last 10 years recuse themselves on any quasi judicial hearing in this chamber. That's bad. I have Clark. Thank you. Welcome to Stuart.

Thanks. I I mean, thanks. I'd caution you to still to check that uh though, Mr. um I mean if you're saying 10 years, but I caution you to check that because I know that I've had people uh uh withdraw from things and the key thing the bright line test that they use was the inure if if there's any personal um benefit that inures to them or their family. I know when um when uh Mayor um Mat I think there was something about a house behind some property that he had behind something maybe on Sixth Street over there. There were some other things. I've seen people here recuse. I wouldn't say all the time, but I've seen people recuse. But it would be nice if the clerk or somebody wants to to check it out. But yeah, the main thing that people have used is if there's a benefit that inure and um I've recused myself and it had I there was nothing there but just for the the Bible says flee the very appearance of evil and I just did that just so that it you know nobody would say that there's a potential conflict and I think that's what you're saying mayor

commissioner. Uh yes. Um number one, I agree. I I don't see you benefiting from this, but I understand uh why you're accusing yourself. And I think it might be um Vice Mayor Reed made a good point. Um there have been many occasions, and we all know it, people who did not recuse themselves and had benefit from friends with and whatever. So maybe this is part of a a wave going forward that not only are we transparent as a board. We may not meet everyone's criteria of how we proport ourselves, but we're very transparent and we're going forward doing the right thing. If we feel there's a conflict of interest, then we should state so thank you.

Another question. Hypothetically speaking, Lee, what if you couldn't even have uh a quorum because people recuse themselves off quasi judicial? What would happen then? That's interesting. Then nothing evidence I'm just I'm I'm talking to I wish you would have asked me that before. I got I don't know. I'll have to get back to you on that. And I'm okay with a getting back to me answer, but just hypothetically if I mean it's like you need a quorum. You need a quorum. So, right. You could play the system basically. And that means an applicant doesn't even get in front of the board then basically. Did you have That's weird. No. Did I shut it off? Did you turn it off? Thank you.

Okay, then let's get into it. So Lee, would you read the item? Sure. Ordinance number 2549 2026. an ordinance of the city commission of the city of Stewart, Florida, authorizing I'm I'm sorry, reszoning a 045 acre parcel located at 400 southeast Ocola Street within the community development area special district for property legally described as lots 23, 24, and 25 block one stipman's subdivision from R3 to residential multifamily office zoning designation to commercial plan unit development designation and adding barber shop, beauty salons, and specialty salons as allowable uses, providing for conflict, providing for severability, providing for an effective date and for other purposes. And I wanted to point out that this is the first reading. So, the staff will be looking for a motion to transmit it to the second reading, which we'll have at the next meeting hopefully. And this is a quasi judicial hearing. And I see the mayor's already got the yellow card out if you recommend that you follow along with that. Uh I always like to do a little spiel about a quasi judicial. So in a quasi judicial hearing, the city commission steps outside of its legislative or administrative role and into a judicial capacity. The city commission will be making a determination by applying existing laws, ordinances, and regulations to the facts presented to the board. Everything needs to be officially entered into the record and testimony needs to be under oath. The commissioners are also required to disclose any exparte communications that occurred prior to this hearing. So, will all potential witnesses for the applicant and city staff please stand and raise your right hand and be sworn in on this first or this agenda item number three.

Dr. Benedetti, are you going to be testifying? You affirm that the testimony that you are about to provide in this hearing will be the truth, the whole truth, and nothing but the truth. So help you guide. Yeah. All right. Do the commissioners have any exparte communications to disclose? I have none. I have not. I Okay. I have spoken with the applicants. I've spoken with Jod and I've spoken with uh Raz, the interim city manager in regards to this application and with the development department.

You have any exparte? Any experte? I have none. And I'm here with an open mind. I have none and I'm here with an open mind. Jody, will you uh please provide a brief summary of the agenda item including the location, size of the property, current zoning, zoning requested and list the applicant's request to deviate from the land use development regulations.

Good evening, mayor and city commission. For the record, my name is Jody Cougler, the development director for the city of Stewart. Tonight, I'm presenting agenda item number three. The applicant Oyola Street Holdings LLC is requesting approval of a resoning from the existing R3 office multifamily office to a commercial planned unit development to add barber shops, beauty salons, and specialty salons as a allowable use uses located at 400 Southeast OciOla Street. The property is also located within the community redevelopment area special district. Pursuant to the land development code public notices requirements, the applicant mailed notices to all adjacent property owners within 300 ft of the subject parcel to provide details of the required development and the date and time of tonight's public hearing and additionally has posted one sign on the property that posted the same information. The 0.45 acres outlined in red is located at 400 Oyola Street and is situated at the southeast corner of Oyola Street and Georgia Avenue. The property is currently zoned as a residential multifamily office and the future land use is office residential. These are the proposed allowable uses that the applicant is requesting. These are the definitions out of our code of ordinance uh regarding barber shops, beauty salon, and specialty salon. In your R3 zoning district, um land uses uh the non-compatible future land uses are neighborhood special district, lowdensity residential, commercial, industrial, marine, and public. In your zoning district, these are the allowable uses. Uh the ones that are highlighted in yellow are through a conditional use.

Uh the also in the R3 multif family zoning district the setbacks the applicant does meet the current setbacks um outlined in red and the site has an existing 4100 foot one-story building and the applicant is not proposing any new structures or additions. The parking is existing well adequately support the proposed uses. The city's traffic consultant, Kimley Horn, has reviewed the traffic statement prepared by the traffic and mobility consultants from its existing R3 multifamily R3 zoning designation to a commercial planned unit development. It is anticipated that the proposed trip generation potential for the CPED zoning district is as follows. 68 daily trips and 14 at peak hours and four um entering I'm sorry 10 entering and four exiting and the existing trip potential for the R3 designation as follows 110 daily trips eight uh total eight two entering six exiting AM peak times and 10 10 total seven at peak time at sorry at PM peak time, seven entering and three exiting. The proposed commercial planning development zoning designation shows a minimum increase in peak hour traffic generation compared to the existing R3 zoning destination. As part of the plan, as part of the plan development requirements, uh the applicant is proposing to install uh a landscaping which is three sea grapes, one southern live oak and three sable palms. He will also uh bring up the hedge material which will consist of red tip cocoa plums uh small leaf clusia cro croins and red exoras. On February 3rd, 2026, the community redevelopment board held a public

hearing and voted unanimously to forward a recommendation of approval to the to the city commission subject to the conditions outlined in ordinance number 2549-2026. Staff has reviewed the proposed petition for the reszone to commercial planned unit development and has determined they have conformed to the standards of review outlined in the land development code and is consistent with the comprehensive plan goals, objectives, and policies. Staff requests a city commission transmit ordinance number 2449-2026 to second reading, which will be the adoption hearing. And that concludes staff's presentation. and the applicant is in the audience and and uh if you have any questions, we're happy to answer them.

Mr. Benedetti, did you want to offer anything? This is your time.

Good evening. Uh Michael Benedettia, six periwinkle circle. uh and Steuart. Um so I was I was here probably a little over a year ago and just to refresh everyone's memory going through the CPU here. Um and like Jody said, it's to take my existing business, my existing building, not add any structures and anything to it. Just allow salon services, barber shops, and specialty salon services to operate as a permitted use in the building. Um, and it pretty much conforms with what's around. Um, uh, right across the street is a salon right there. So, I'm not introducing anything new to the area that, you know, is foreign. Um, you know, there's attorneys around me. There's a Quickie Mart. There's a dental lab. There's a wellness center. Uh, there's a chiropractor. Um, there's a clinical pharmaceutical company, which I never knew of. Um, and uh, basically I'm in that R3 block and right next to me is Urban General and I'm kind of stuck in like an antiquated zoning area that's, you know, it's kind of fallen to the wayside because all the development in that area is kind of is going east and it's kind of spreading my direction. It's gone there because I don't think there's any residential in my in the whole block where I'm at even. Um but you know there's medical office and other things too but um um I think we covered everything else. Um you know the the the PUB will you know I'll redo the whole landscaping. It'll be a lot more presentable. Uh getting rid of the uh invasive carrot woods that have taken over in the area and stuff. So um you know have better curb appeal to the property too. But um that's what I got.

Thank you. So I'll take questions from our commissioners for the applicant or for Jody. Vice Mayor. Yes, Jody. Um I know it's R3 zoning now. What zoning would the applicant need in order to meet the qualifications? I understand he's doing a PUD, which makes sense. So, you don't have spot zoning, but what would the zoning requirement be for this development? Uh, Vice Mayor Reed, uh, without, um, looking at the code and, uh, don't quote me, but probably like a commercial B2 general district

and that would open up a lot more obviously than just what the applicant's doing. So, that's why he went the UD route. Correct. That is correct. But the um commercial would not be consistent with the land use that's assigned today on the property. Okay.

Do the commissioners have questions? Yeah. Okay. This is a good and consistent use of uh a PUD for a redevelopment. And I know that it was it seemed very hard and harsh when you came in during the zip zoning, but this is exactly what happens just to get it consistent, right? Sure. Yep. Okay. Do I need light on? Okay.

Um I don't really have any questions for you. I just know that it has been a long road. You'd been advised different ways. uh development department advised you a route to take which supposedly would have been quicker, but at the time you were advised by the previous um city manager to go this route, which was supposed to be a quick and easy route for you, which has now turned into almost a year and a half. Um yes.

So with that, are there any other questions from commissioners? Uh Jody, for clarification, if if this hypothetically does pass and the applicant gets a business tax receipt, if that business closed for 6 months, I believe it is, it would revert back to the R3 zoning then or would the PUD still be current? Uh Vice Mayor Reed, that the zoning runs with the land, not with the applicant or a business. So the the PUD would stay with the applicant. it would stay with the land. It runs with the land.

So if you if if for example um he has a specialty salon and they're closed for 180 days, it it doesn't go into a non-conforming status, it it will be able to open up another uh specialty salon. That is what the PED is allowing him to do. Okay. Any other? Okay. I'd like to make a motion that uh number one we move it to the second reading, but in the interim I'd like to ask the um um the interim city manager to meet with staff to discuss reimbursement of a portion of the fees. Actually, hang tight. Forgive me. Um yeah, let's we're a little bit off. No, I don't have I don't have one.

So, if you don't have anything anything else to offer. All right, then. The presentation of evidence has ended. The hearing is closed. Does any member of the public wish to make a comment? Yes, I do have a public comment. Uh, Paige Benedetti. Okay. Okay.

This is your moment. much. Um, I was just going to say that there was a few things in case we are I've lived here my whole life. I grew up here. My parents have been here since 1970. We we had a small business for years. So, what the idea behind this is to to let people have a small business. The idea is to have four people have separate small businesses um which would be adequate space. It conforms to everything um with parking and everything else. But that's our idea is not to grow into something big or to make this you know um but it's just been a year and a half long process. And there's another person that wants to come in with us that's from East Stewart area, grew up in East Stewart, wants to bring in like an outreach program from the kids of East. So what we want to do really is a positive thing. So if there are questions like we are happy to to answer them and if your concerns about or anything that's thank you. No, I don't have anything. But but basically, and this is for the public as well, so they're aware, the reason that they're doing a PUD, if they would have changed it straight zoning, that would have opened up this parcel to much more things than just this. So, it's a give and a take for the applicant as well as the residents in the city. For example, if we go off of what Jody said with B2, you could do an automotive shop right there on Oyola. So, there are a lot more usages that you could do. Yes, it's a pain on the applicant and I feel you on that for what you had to spend for it and that's where the give and take comes between the applicant and the residents that live here. So, thank you for doing that and you know, thanks

Mary. Are there other I have no further public comment. All right. Okay. So let's the party said shall all pro be provided with equal time. Okay. So let do we have a motion now? Now would be your moment.

Okay. It's my moment now. Thank you. Okay. Uh I'd like to make a motion to move uh 2549 2026 to the second reading. Uh but in that I'd also like to ask um and and before I ask I I should explain we're supposed to be helping small businesses in our community and I think in this case we made it extremely difficult and I understand the vice mayor's um comment about opening it up to other items but this became so delayed and so costly I wanted to ask the interim city manager to meet with staff to discuss a reimbursement of portion of fees that were paid by the applicant. for this project. Um, not all the fees, but just a portion because I think that had they gone the other route, it would have been less costly for them.

Yeah. I mean, I I I hear you and I would love to um I would love to second your motion, but um you know, we went through this with the SE coast. We have all of the conditional uses that have been added to the now uh uh comprehensive plan that we're working with uh for the Creek District and for the East Stewart district. And people have to go through it and where are we going to draw the line and say that this person gets a little bit of reimbursement that person doesn't get a get this reimbursement. We talked about this when we were trying to get the formbbased code and trying to get what is flat zoning or what was the other name that was used? Straight zoning. Straight zoning. And and so that's where the code is. That's where everybody has to go through that evaluation process. And that's what we voted for. And I know and I hear I remember Mr. Bened have been here, but there's going to be several other people coming in and say, "Well, this was made a conditional use when it was normally a straight use and we could have done this, but for the fact that the zoning code was changed at such and such a time, uh, I just I think we're really getting ourselves into something that we we shouldn't get into. And I mean like I I don't I agree with with what staff is recommending, but I do not want to add um any reimbursement and not not even knowing what could potentially be reimbured because we have a second reading coming up. So

but the the motion is not to do the reimbursement. It's to look at what it would be. Can I hear what the side discussion is about, please? I got a comment.

Yes. My comment would be is I understand where you're coming from, Commissioner Goi. Uh, personally, I've actually had to pay for two myself as an applicant when I've been on the other side. One actually, uh, during the for uh, East Stewart urban code changes. I wouldn't had to pay for that currently. It's by right and I wasn't even a part of that. I wasn't an elected official. Also, one I had to pay for, um, I see Duncan there. I actually had to pay Duncan, by the way, to go in front of this board when I was a resident in the city to build a single family residential house. Yeah. So, I had to pay because they wanted minimum twostory, I believe, and I wanted a single family house. Yeah.

So, I had to pay and I understand it's a burden on the applicant. Um, but like what Commissioner Clark said, I think it would just spiral. Who do you pick and choose who to refund based off of circumstances? because mine I feel like were kind of, you know, in a way weird, right? Um, so that's my thoughts on that. So my comment to Lee was that we're really looking to request um that this be transmitted to the second reading. We have a motion

there. There is a motion. I was trying to say to Commissioner Clark that the motion wasn't the motion was to look at what it would be. It wasn't approving the refund. It was just looking at Just move it forward. So, it seems there's no second, Mr. Mayor. Motion fails. There's no second. She didn't second it. She just made a a comment. I'll second your motion if you're willing to amend it to just pass it through to second reading. All right. Is that with the clarification you needed for legal or or just redo the motion because I don't know. Let's redo the motion because you're seconding it. You said you'd second it conditionally upon it just be a motion to transmit it second reading, but that was not her motion. So,

right. I would suggest that she can amend her motion to exclude the reimbursement portion and just trans. So I'll amend my motion for 2549 2026 to move these to the next reading. Second. Okay. All right. So you can have the second as well. Normally I don't second stuff or make motions. I usually listen to the board. Okay. There we go. Motion and a second. Okay. So, did you have another comment? No. Well, sir, good to go. I can never tell. My light look like it's off. Any public comment on the motion? Okay. We do not comment on the motion.

Is there any public comment on the motion? Seeing none. There's no other deliberation. Okay. So, Mary, would you call the role? Vice Mayor Reid? Yes. Mayor Collins. Oh, we leave him out. He abain. No. Abstain. Oh, I'm sorry. I'm sorry. Commissioner Clark, yes. Commissioner Gio, yes. Commissioner Rich, yes. Thank you. Okay. On to item two weeks.

Moving on to item four. Yep. The title is Aan Lea commercial corners east major amendment to the new aan lea pud for parcel D lot 11 ordinance number 2550-2026 an ordinance of the city commission of the city of Steuart Florida providing for the third amendment of the new aan lea planned unit development consisting of 12.40 40 acres zoned residential plan unit development, 16.24 acres zoned commercial plan unit development, and 20.4 4 acres of wetland upland preser preservation zoned residential planned unit development being generally located between northeast Dixie Highway to the south, land on both sides of Green River Parkway on the west, land on both sides of Cardinal Avenue on the east, and the city boundary to the north for property legally described by exhibit A attached. Amending the commercial planned unit development to provide for the approval of the master parcel site plan for the Aan Lea commercial east parcel D lot 11 to be identified as Avan Lea commercial corners east providing for the the approval of the master site off-site infrastructure plan for the entire plan unit development providing for revised and new development conditions for approval for parcel D lot 11 providing for amended and new timetables for development. Declaring the plan to be consistent with the city's comprehensive plan, providing directions to the city clerk, providing for repeal of all ordinances in conflict, providing for severability, providing for an effective date and for other purposes. And I wanted to remind the commission

that this is also a first reading. So the city staff will be looking for a motion to transmit this also to the second reading. Um, will all potential witnesses for the applicant in the cities please stand and raise your right hand and be sworn in? Do you affirm that the testimony that you are about to provide in this hearing will be the truth, the whole truth, and nothing but the truth? So, help you God.

This is not quasi judicial though, correct? It is. It is. I missed I didn't see that on the the item. Okay. So then we're back to the yellow sheet. Do the commissioners have any exparte communications to disclose? I have none regarding this issue. I have none regarding this issue. I have no recent communication. I'm here with an open mind. I've spoke to the applicant multiple times about this. I would say. Right. But yeah,

I spoke to my CRB representative about it. That was it. Okay. So, you've placed them under oath. Good to go. Okay. Jody, will you please provide a brief summary of the agenda item, including the location, size of the property, current zoning, zoning requested, and list the applicant's request to deviate from the land use development regulations? Yes, sir. Uh, good evening again, mayor and city commission. For the record, my name is Jody Cougler. I'm the development director for the city of Stewart. Tonight, I'll presenting agenda item number four, the applicant Aalia Commercial Corners LLC, is requesting approval for a major amendment to the new AIA PUD for parcel D known as lot 11. This is one of the final five undeveloped parcels within the new AIA PED and is to be developed. The property is also located within the community redevelopment area special district. Pursuant to the land development code public notice requirements, the applicant mail notices to all adjacent property owners within 300 ft of the subject parcel to provide details of requested development and a date and time of tonight's public hearing. And additionally, one sign was posted on the property with the same information. The vacant prop property is located at the corner of Northeast Dixie Highway and Cardinal Avenue. The property currently is is zoned commercial planned unit development and the future land use is neighborhood special district. In 20 in 2015, the new Emilia PUD was adopted by the city of Stewart commission. The plan development specifies that each site plan for the individual parcels within the development constitutes a major amendment to the new Evania PUD as a 2015 approval established overall

densities intensities but did not include approval of site plans for the individual parcels. The property the proposed major amendment does not increase the previously approved density or intensity remains consistent with the overall master plan approved in 2015. The 0.9 acre development area was established as designated development area under the master parcel peed plan and must be considered in conduct conjunction with the more than 20 acres of preserve area that has been established, restored and permanently protected as part of the plan development. It is important to note that the development acreage is calculated net of wetland setbacks as mentioned in the conservation easement with south south Florida water management district. the new Emilia PED plat and the land use amendment designating the preserve areas and associated setbacks as conservation. According to the master parcel plan, lot 11 was approved for up to 15,000 square ft of commercial development. The applicant is proposing a 6,827 square ft requesting a reduction of an 8,173 square foot from the original approved entitlement. The site plan proposes the construction of a commercial building on the 0.9 parcel to propose one-story structures designated to accommodate a mix of uses including retail, office, medical, restaurant, and personal service establishments. The applicant has provided the required 35 parking spaces, including one ADA compliant space consistent with the parking requirements for the proposed office, retail, medical, and personal service uses. The plan development requires a minimum of 25% open space and the applicant has met and exceeds the requirement by proposing 50% open space. Access to the site will be from Cardinal Avenue. Driveway 1 is proposed as a right-in only access and driveway 2 is a proposed

as a right in right out and left out access. The city of Stewart's traffic consultant has reviewed the approved and approved the submitted traffic impact study. The the study anticipates the project will generate approximately 156 am peak hour trips, 99 entering and 97 exiting. I'm sorry, 59 entering and 97 exiting. And at peak PM times is 257 trips, 405 entering and 112 exiting. The analysis included chip generation, roadway capacity, elevation and intersection analysis. The applicant has has incorporated the required four architectural elements which includes storefront windows, wood, aluminum columns with brackets and metal canopies. The maximum height of the top of the deck canopy is 23 ft. The project is required to add a public art approved by the se by a separate application by the board. The applicant is proposing wall murals and a fountain. This is looking at the north and south elevations. Uh the landscape plan includes a diverse mix of canopy and ornamental plantings consisting of Japanese blueberry trees, slash pines, live oaks, and bald cypress. In addition, a variety of palm species are proposed including European fan palms, shorthair oldman palms, Alexander palms, royal palms, sable palmettos, and Christmas palms. This on February 3rd, 2026, the Community Redevelopment Board held a public hearing and voted unanimously to forward a recommendation of approval to the city commission subject to the conditions outlined in ordinance number 2550-2026. Staff has reviewed the proposed petition for the major amendment to the new

Avalia PUB and development plan and determined they conform to the standards of review outlined in land development code and are consistent with the comprehensive plans, goals, objectives, and policy. Staff requests the city commission transmit ordinance number 2550 2026 to second reading, which is the adoption hearing. This concludes staff presentation and the applicant is in the audience and has a very brief presentation as well.

Good evening. For the record, George Messimemer with Cotler and Hearing here tonight on behalf of the applicant and I have been sworn in. uh to start while Jody's bringing up a presentation just thanking members of this uh commission for their service and sacrifice to represent our city. It's appreciated and um just like to say thank you. George, are you fine if I ask Jody a question real quick for clarification? I'm fine. Yeah. Um Jody, this PUB amendment is specifically for parcel 11 only. Um Vice Mayor Reed, yes, that is correct. is only for lot 11

and and uh so we're saying lot so if if I'm looking at this it says parcel 11 just on the master site plan I just want to make sure I'm looking at the same thing so it's on Cardinal and Dixie the 707 there that the corner there and then for parcel 10 has that already been approved on the master site plan then or that's no that go ahead

want to make sure I understand the entire so What we're talking about tonight is only lot 11 or parcel 11 site plan. Um, parcels 10, uh, 13, 14, and 15 were part of a different application that is not before you tonight. So, we're only talking about lot 11. Yeah. So, the ones you just mentioned, George, have already been They haven't come before the board. Oh, they haven't? Okay. So, they were submitted. They're going drawings basically then. Is that Yeah. Yeah. Okay. Just so I know, understand. All right, cool. They're still vacant today. They're what? The uh other lots, the other four lots are vacant today, and they would still they would go to the same process as lot 11 is going through, right?

Okay. This was just like preliminary drawings then. That's what I'm I guess maybe I'm confused on that. So they originally submitted the entire package with all five lots and um because of time frames and different uh things that have happened over the years um they went ahead and withdrew the other four lots and moved forward with lot 11. Okay, cool. Good. Good. Yep. Thanks. Awesome.

All right. So, as we mentioned, we're just talking about lot 11 tonight. We had a great uh project team working on the project with decades of experience in all aspects of the project. Uh so we are proposing to construct uh just less than 7,000 square foot commercial building on the roughly 0.9 acre site. Uh it is consistent with the approved PUD. We're meeting all land development regulations. We're consistent with the city's comprehensive plan. uh we were approved unanimously unanimously by the CRB board uh for this project and it's an overall a reduction in intensity from what was previously approved within the PUD. Uh so we'll start um Nick will go through just a quick summary of some of the history of the PUD just to give everybody a little bit of background and where we're at today.

Thanks George. Nick Schro 623 Palm Street, Northwest Palm Street for the record. Um, so this property uh was part of a larger property. It's part of a 50acre plan unit development. Uh, it was originally annexed by Frank Walker back in 1997. Um in 2001 the Aanly Commerce Center condominium was constructed and that was built by Frank and he um developed that into a condominium and sold the units to various owners and that exists uh out there today. Uh in 2005 a portion of the Aanley PUD was purchased by or uh was owned by the high group. Um together with Frank, they proposed the uh 2005 version of this project and it was 411 residential units plus 180 commercial residential units and then a total of 377,000 ft of commercial. Um around about 2012, well I think it was more like 2009 or 10 that fell into foreclosure. It was it was originally financed by Fidelity Federal. Fidelity was acquired by National City. National City was then acquired by PNC, you know, financial crisis round, you know, merrygoround. Um, I didn't get the opportunity I I had the opportunity to proposed to list it, but we didn't get the assignment and um, you know, through getting to know it um, in that process. It just seemed like an awful lot on this property and, you know, particularly considering the wetlands and everything. So in 2014, I put a group together and we purchased the high groupoup portion from PNC Bank. Um we approached Frank in that process and said, "Hey, you know what's the deal? What do you have out here?" Frank owned about half the project. PNC at that time owned about half the project. Frank was owed a bunch of money for wetland restoration that the high group

was supposed to reimburse him for that they never did. And so, um, we tred up Frank on that and proceeded with, um, a new Aanley PUD, which is what we have today. So, we reduced the density in the RPUD, uh, down to 185 units. Um, I think the PUB overall had 325 in this new version. We reduced the commercial down to 282,000 square feet which again was you know much like you're seeing in parcel 11 was kind of setting the upper boundary of the bubble plan. Um so that ordinance was approved in 2015. Um and then um in 2016 we recorded a plat and what that plat allowed uh was the wetland and conservation areas to to truly fall into an ownership that um was conservation in nature. It fell into the the property owners association um ownership. So this is the plan that was approved in 2005. Um it's, you know, kind of cut up differently and, you know, a little bit all over the place, but that's where those densities came from in 2005. Um the Aly Commerce Center condominium is 23,700 ft². There's five live work units. Uh Aanly parcel 1 was approved for 9381 ft, which was 10,000 ft less than the the PUD bubble plan. Uh we developed Aanly parcel 2 with 30 town homes. Uh we developed parcels three through nine are are kind of like individual lots. Um there's SCP Construction's building on lot three. Um there hasn't been any other development on any of those lots. It's a 2,800 foot warehouse that's being built on that right now. Uh parcel 10 was proposed for 80 apartments and that's Mr. Reed, Commissioner Reed, that's what you saw in the um in the the illustration there

that that um I think Jody showed, but that um that application has since been withdrawn. Parcel 11 is both before you today. Um Aly lot 12 was developed with 32 town homes alongside Aly parcel 2. um those, you know, town homes came out really nice in my opinion and they seem to have, you know, sold well and, you know, they're they're occupied and not a detriment to society in my opinion. Um Aly lot 3 was proposed for 185 apartments. Again, part of that previous application that has since been withdrawn that's consistent with the PUB. Um we, my group that owns parcel 11 also owns parcels 14 and 15. We had proposed that um to be interconnected with uh parcel 13 because they have some shared access, some shared utilities. With parcel 13 being put on hold, we've withdrawn that application. Um and then Tim Hernandez, who built the Azul apartments downtown, developed uh parcel 16 with um 69 town homes and cottages. Currently, those are operated as rentals. They are platted, so individual ownership is, you know, possible out there. Um, I'll let George get back to his part of it. If you have any questions for me, I'm happy to answer them. Thank you.

All right. So, the site's pretty small. We're relatively low square footage. We're much much less than what the approved PUD allows, but we're having to come forward you to before you as a major PUD amendment because it was the way that the original approval was conditioned. So, you know, historically a development of this size would never become before the board. It would be approved administratively, but because of that condition of approval on the PUD, we're bringing forward the site plan uh before you. Just recap on the location uh just on the north side of the Roosevelt Bridge uh kind of at the entrance of Rio with any approved Aly PUD. It is the eastern commercial piece uh lot 11 located on the intersection of Dixie and Cardinal under exhibit again showing kind of the approved master plan and the lot layout. Uh we went over the reduction in intensity from the approved plan. Um so now we can look at how the the proposed site plan lays out with the surrounding uses. Um and it it is a consistent use for what was pre previously proposed to provide some of those neighborhood commercial services to the area. Um and it falls within the approved uh zoning for the site and what's allowed within that PUD the commercial PUD portion. So looking at the site plan again going over some of the numbers we're a little bit less than an acre. The total square footage uh of the building it's less than 18% of the site. It is one story um and we have almost half an acre of open space uh which is about 50% of the total site and the green space makes up about 40% of the site. Uh so just the configuration of the site again we're meeting all land development regulations setbacks uh far in excess in landscaping

and lot coverage. Uh so really uh a nice fit for the area uh and a really well-designed site plan. From an access perspective, we do have uh one-way drive, an entrance and an exit. Provides a nice flow of traffic and circulation. Um as well as a perimeter sidewalk which would be built as part of the development of the site. From a traffic perspective, as we talked about, it's much less intense than the uh master plan approved. So uh there is uh no concern in terms of the traffic generation of the site. and it meets all applicable standards for the intersection as well as for the feed itself. In term of parking, we are providing uh the required parking for uh what we're proposing and there is a mixture of uses retail um office and restaurant as potential users for the site is how we've designed it. terms of uh some of the orientation, we are proposing a kind of a pavilion feature on that corner as a statement for the intersection. It's a really nice design architectural enhancement and as well as collo colllocated with our potential art location. We haven't submitted an application for that yet, but we have designed the site to um have that art at the intersection as well as the murals facing that portion of the intersection as well. As we mentioned from a landscape perspective, it's far in excess of what's required. Um, substantial native, primarily native trees from pine trees, the oak trees, gumbo, limbbimbas, there's a a substantial amount of landscape proposed on the site, uh, which is going to make it a very nice development. And then just some renderings of how we envision the the murals. Again, we haven't put this out to an artist, so it's not exactly what the mural is going to be, but the location there at the

corner and another angle. Uh, so you can see how we envision that coming to light. Uh, so we're very proud of this development. Happy to answer any questions that you have. Thank you very much for your time. Do the commissioners have any questions for the applicant? Well, I have a question for Jody as well. Yep. the reading it mentioned that we're extending or a date. Did I miss did I not hear that correctly? That we were extending a date on the either this PUD or the master.

So the master plan um that was uh approved in 2015, the bubble plan um has uh timetable dates and they move along as each development comes through. Uh we move that time frame through. In this particular case, uh we gave just a straight five years. Okay. So, but this extension of a date would only be for parcel 10 uh or parcel 11. Line 11. Parcel 11. Line 11.

Thank you for Jod and for the

city attorney. Um, it's just a couple of things. I don't know if the the the language that you gave us was the same thing that you sent to the CRB board, but it a little bit needs to be updated. That's number one. And number one, I' I'd like and I think I've asked for this before. If we have a LPA, I know that we can look it up ourselves, but if we have an LPA meeting minutes or a CRB, if we don't get the entire report, at least if we can say what happened at the CRB and the or the LPA, that's number one. Number two, um we go back and forth in the report and in our conversation mentioning a major PUB amendment, but Mr. City Attorney, I thought that we always had a place in the top of the ordinance in the title to actually add the word major or minor, and I don't see it anywhere in the title. So, I'd want to make sure that we have something somewhere in the title maybe after it says zone residential PUD somewhere that it says major amendment somewhere there. I think that's a big thing that we've always had in our titles to these um ordinances that says major amendment. You're titled to the you know just on the agenda says major amendment. I don't see the word major in the ordinance that would be adopted. So, I'd like to see that if we go forward and and move this forward and then um talked about the open space and the parking. Do you have a little site plan that shows the parking a little? I mean, I know what we have, but just for the public to pull that up a little bit so

we can look at it a little bit. Let's just see where the actual ingress egress in that corner comes right out of the that's a signalized there at Cardinal and um Dixie Highway and then that you'd call it a northeast entrance that's coming right off of the signal where the you'd be is it a rounded? No, it's just rounded out. Yeah. So the the signalized intersection is at the intersection of Dixie and Cardinal. Um so the entrance to the property is on the north side uh north of the intersection on Cardinal. That's where the access to the site is.

Okay. So you'd make left turn and and or right turn coming in. And then the other one that the lower one um is an exit only. It's an exit only in the yellow. Okay. All right. I see that going back there. Um the parking plan. Do you have that please? Yeah. Are you looking for a closer view? Um because we show the parking on the screen. Just uh you're just saying what? Okay. So there's 35 spaces there provided in the parking lot.

I I guess I I I looked at my thing and I see the landscape around there. I used to have more than enough landscaping. But um the aisle in between there's the when where those parking spaces are they don't yet just I just that's okay. I mean what do you want? I just wanted to see a little bit more detail where the 35 spaces are. He doesn't have another view of the park. Yeah, I know he doesn't have a detail. We can bring up a site plan where you can get I'll look it up in detail. Yeah, I know what I'm saying. It was he I see what we have, but he didn't have that to put up there for the public to see. Okay. Um Yeah.

Yeah, we have it. We have it, but I'm talking about having it there. I've got it on a flash drive. It's okay. That's fine. 50% of the open space side. Yeah. My major thing was um Lee, do you see that? Do you think we need to add it? U I I don't see major amendment in the title. Okay. But we did do it. was a process under section 11.01.10 a major amendment the order. So yeah, I saw it in the in the mention, but like I said, I just wanted to see it in the title. You'll clean that up before the next one, right?

Yeah, I I can go in to the title and and add it or maybe add it in a warehouse clause. So I I will put something in that mentions major amendment. Vice Mayor. Yeah. Uh this is for the applicants. So, there's 35 total parking spaces, five on street. Uh, correct. Yes. And, uh, the sidewalk's 8 foot, correct? Uh, I'd have to confirm. Sounds correct. I'm looking at the site plan just to make sure. The site plan says eight then eight. Yeah. With with any of these PD amendments, do you guys have 10 foot sidewalks anywhere on anything that you've ever done, whether it's Baker Road or Green River?

No. the uh the PUD was approved as the city was transitioning from six foot sidewalks to 8ft sidewalks. So if the new standards 10, you know, this progress, but um no, these are all 8ft sidewalks. So, uh, we built the ones up there on Baker as part of, um, 2 and 12 and then, um, this will have the 8 foot sidewalk.

If we're doing amendments to the PUB, can this be pointed with 10 sidewalks? It can be. Yes. Yeah. Commissioner G, could you speak into the microphone? It's kind of hard. I have Let me pull it back up. Yeah, pull it back up. And you might know, Nick, I know Lee was reading it. How much preservation was there total for this entire master site plan? There was over 20 acres. I believe it was like 20.4 acres. I think it hit about 40.2% of the site that went into preservation. Um,

so a lot of that was kind of started uh by Frank, kind of mucked up by the high group, and then we came in and finished it. Um, we still do some monitoring out there that is, you know, invasive eradication. And that was kind of the premise for a lot of this. Frank Walker told me the story that back before he did his um his restoration work, you could walk from Dixie up to Baker because the um the the invasives were so thick and it was all, you know, jumbled up.

Yeah. This is actually where um I think it's Jensen Jensen Estates up there to the north of the Pop Tilton industrial stuff. This is where that all flows down and eventually these wetlands are kind of the headwaters for the Haney Creek. So that restoration project, you know, kind of helps that water that gets out into the Haney Creek and and you might know more about this. So like when it comes to the wetlands, are these existing wetlands when you bought the property? Because like for example like parcel 10 I remember growing up in Jensen parcel 10 flooded and I remember seeing it pumped out continually. So like was that a wet land at the time and then it got pumped out so it's not a wet land.

Well so I think what probably was happening that's probably before my time. Um I'm not from New York. I'm from Florida. The uh the um

part of Frank's project was restoring these wetlands because it is the eventual drainage for you know Jensen Estates and and Pinerest Lakes and so all of that stuff up there that water flows south through this property. um the wetlands. Frank originally did a mitigation plan through South Florida Water Management and Army Corps and where that kind of fell short or where Frank, you know, kind of limped it through was to finish that wetland restoration. But because like the areas on parcel 10 were never cleared and filled in accordance with that mitigation plan, those air those areas still house a bunch of invasives and it's kind of, you know, degraded wetland area. And so when we are still doing that invasive removal because of that material that's out there, ultimately the mitigation plan was for x number of acres to be preserved and restored and then x number of acres to be, you know, mitigated and filled. And so some of that has happened and some of it has not. There's never been any wetlands on parcel 11. That was kind of a carveout of, you know, it worked around that, you know, wetland structure. I guess to you know digress and answer your question. It was really Frank that established those boundaries of what was and wasn't wetland and what was mitigated and what

so was there ever like a natural wetland on this when I think when Columbus arrived like the whole area was was just wet. Well because like with the wetlands like basically what I'm getting at is were the wetlands created to meet the water flow of this development of the I would say the more accurate way to say that is the wetlands were restored to meet the water flow of that area. So if you go on parcel 10, the reason that

the reason parcel 10 floods is because there's a ditch that was burned and the and over the years the water has crested that ditch and it's just kind of naturally pulled in that in that parcel. But that ditch runs underneath Cardinal. You'll see where where that yellow arrow is is about where the ditch the the there's a pipe that runs there's two pipes that run underneath Cardinal that then outfall into that wetland area there and that so working up river is that still existing then what's that is it still existing like currently like this yeah I mean there's a lot of water that flows through there during the wet season from all those neighborhoods to the north I mean all of the water

in Pinerest Lakes Jensen uh Pop Tilton it flows, you know, there's a there's a an easement, drainage easement from back in the day that all those properties flow down through this and it goes into that wetland and then it's piped over into the the next wetland and then it's piped underneath um Green River Parkway and then it kind of pipes through parcel 16 to go into the Haney Creek wetland where the the the um catwalk and all of that stuff is out there and then it eventually, you know, the city did a big restoration project back there. I think Jeff Kroskoff pioneered it and it was um to kind of create that, you know, this is where saltwater and freshwater meet kind of deal.

And we is that in the agenda packet by chance of all that sheet flow or where I get with you on that, J? It's in the encyclopedia of Bratannica. I'm just curious because like I remember like I said growing up in Jensen like even Nick even like uh what are we in 2026 maybe 2017 2018 I used to see parcel 10 getting pumped with trash pumps like big trash pumps. Uh and and I haven't seen it flood since.

Yeah. I don't know. Um I mean again it it flows underneath that road there and you know it's not um I don't own parcel 10. I never did. Um, but if that ditch clogs up or that ditch gets, you know, messed up, then then that's kind of where it lands is, um, and I do recall, I want to say in like 20 16 or 17, um, we did get a letter for the the property owners association got a letter from Martin County saying that it was causing some issues back up the way, but I just had Frank deal with it because he was parcel 10 at the time. Yeah.

So, yeah. I mean, I I guess when you see, you know, if you're flooding up north of that, then there's probably a problem here. But for the most part, it's all been designed like parcel 10. If that ditch doesn't get clogged with whatever, then it all just, you know, sits in the wetlands and flows south. That's all I have. Does the petitioner wish to offer any additional information before concluding its presentation? All right. Then the presentation of evidence has ended and the hearing is closed. Does any member of the public wish to make a comment? Public comments limited to three minutes.

Public comment. Emily Lanthier.

Good evening, commissioners. My name is Emily Lanthier. I am here today to voice my opposition to proposal development of parcel 11. I am a resident who will be directly impacted by the decisions made here today. I have four primary concerns. Traffic, flooding, environmental impact, and the overdevelopment of our city. This parcel is set junction near Northeast Dixie Highway and Green River Parkway, where the road backs up significantly during morning rush hour, which leads to backups at the following intersections: Northwest Dixie Highway and Northwest Bright Boulevard. As another resident stated, "What good is having such growth if the overall quality of life is impacted? Remind yourself the next time you are idling in traffic two or three cycles. This is already happening at these intersections mentioned. It will only get worse with the new additions. This land currently serves as a natural drainage basin. In Florida, we know that when you pave over our wetlands, the water has to go somewhere and somewhere else is into our yards and existing streets. I am deeply concerned about the loss of permeable land and the potential in or increased runoff into our local waterways into the adjacent roads. These adjacent rows already experience flooding every raining season. WPTV in 2023 even featured that intersection flooding with many residents speaking up about how frustrated they are with this. I know there are still some wetlands and reserves nearby, but it is already has flooding issues now. Further development will only worsen this issue. I am deeply upset with the current state of development within our city. I am seeing project notices everywhere. Martin County is a special is special because we have historically resisted urban sprawl. However, this is the direction we are going. Developing every bit of green space we have left in the city. I do not think we need another shopping plaza. We have a empty mall and so many vacant buildings that we can repurpose. Additionally, we just finished building three different town home complexes. These homes have no green spaces for small families to enjoy. I think this land would be much better suited as a park or playground so these kids have somewhere to play. Lastly, these areas have so many wetlands adjacent to it that supports abundant life and drainage. During development, it will

significantly impact the neighbor neighboring wetlands such as pollution, runoff, increased traffic and noise, as well as the obvious habitat loss. These woods or swamps support many birds such as 14 different species, including bald eagles in the area. I not only speak for myself in this matter, but many other people who do not who could not attend today because they have bills to pay. I urge this commission to stand with the residents. Please deny this development and don't prioritize a developer's profit over the safety and quality of life of people who already call Martin County home. Um, pardon my ignorance. There's a lot of new stuff I learned today. Um, and a lot of new language I have to learn and there's a lot of information I was missing as well. Um, I did not realize that parcel 11 was a smaller development. Um but I do think that we'll end up flooding if there is no change in how where the water goes. Um and then parcel 10 after seeing the plan I have more concern of because that whole area is all wet during the rainy season.

Thank you. I have no further public comment. Mayor I have a legal question. Sure. Maybe yourself or Lee or Jody. I want to I I understand we're on on this quasi judicial sheet. We're on 11 for public comment. And then the next one would be it allows the parties to present with the board closing remarks. That's obviously the applicant and that's us as elected officials for clarification on the public comment. Right. I just want to make sure I'm on the same page. They're allowed to address any issues that are raised during that, but no more evidence. It's just uh closing comments about it. My um be fine if I put my light on them.

No, go ahead. You're good.

My comment would be like I'm looking at the the news article and and this is I guess this is what I was talking about, Nick. Um you can see the flooding on parcel 10. I'm assuming this is on Cardinal facing Dixie. How does this work, Jody or Lee or Nick? I've seen this in the county, right, where PUDs get approved and then they flood the neighbor out. Who is the responsible party for approving PUDS? Not saying that it's going to happen here, but I have seen it happen in the county, and there's more than one, I believe, in the county where it's currently happening. I don't know what the outcome was, but if you build something and you displace the water and flood an adjacent neighbor, who's legally responsible? Was that the municipality, the applicant? And and that might be a very loaded one that could be answered at the next reading, but those are my comments.

Mr. Mayor, are you making a motion to move it to the next reading? It would just be an opportunity to offer you if there was any rebuttal. I I think it was a question toward legal counsel on who's responsible. Um, you've been there, Nick, for some of those,

you know, engineers, engineer stuff. Um, so I I I think at the end of the day, that's, you know, it falls on the engineering. Either the engineering sound or the engineer's fault. Engineering is faulty. And, you know, we haven't, you know, this isn't wetland. it's net of wetland the you know pipe runs under cardinal we're not impacting that um so I you know I think it's question of a constituent to their representatives so I think it's you guys and the application that we filled out and we provided to staff contains that information it has you know there's an engineer on the team we've provided engineering data to the to the city so you know if if I sit here and say something you Yeah. No, really doesn't mean a whole lot.

I was just curious for my own peace of mind, I guess, because you can see the flooding and stuff. And like I said, I'm not saying it's going to happen here, Nick, by any means. And it's not even a parcel that you own, right? 10 isn't even one. Well, again, you know, we provide engineering reports. We, you know, provide all the required documentation to staff that is required of a development application. So, you know, it's staff reviews it, staff sends it out to engineering firms. You know, there's there's, you know, folks that review all this stuff that are, you know, educated in that. So, um, you know,

uh, Vice Mayor Reed, if I may, um, just, uh, try to help you with the, um, question. Yeah. So during development review that we look at conceptual plans and the engineer of record who we use typically it's captech or if if it's it could be Kimley Horn they review the plans they give suggestions but there is guidelines that they have to follow that's through South Florida water management through D. They have to meet all those other requirements too. It's just not the city of Stewart requirement. In our code it does state that you have to maintain all your drainage on site. Um so there is other agencies and if you all if you see in your uh ordinance you'll always see that they have to obtain all the other agencies.

Um in this particular case that would be the same for uh lot 11. Once they start construction they they once they get approval and they start construction they had to submit a site permit which is your all your infrastructures you're moving your drainage around looking at your exotics making sure that you uh relocate the exot uh habitats if it's required. Um, but they also throughout the whole process, um, any revisions that come in for drainage or there's something out there that they need to revise, but at the end of the day, at the end of the project, they have to close out all those environmental permits, including with the city, with the state, and with the other agencies. Um, and then we also asked for a letter from the engineer making sure that he certified and he went out there and certified all that drainage was built exactly what was um, approved. And, you know, it could be it's it's onus on the engineer at that point because they signed and sealed it.

I would just like to point out that lot 10 is undeveloped. So, it has no drainage is what uh, Nick had mentioned. So that's would lead to the flooding if they have a whole flood. Yeah. So drainage system that's been approved by engineers and that's supposed to handle that. But neighborhoods sue each other all the time because of drainage issues. Yeah. My my my personal neighborhood has been involved in. So that would be who's responsible for it. Right. At this point though, if it's an undeveloped property, it's just there's there's no drainage there currently. Yeah. except for a ditch. Mr. Clark.

Okay. So, my comment was similar to the response that uh Miss Kougler, which is, you know, on-site drainage is the uh minimum standard and that's being worked with. I'm trying to figure out if what Commissioner um mayor, vice mayor may be hinting at or saying, and I don't know. I just I'm not going to put words in your mouth, but would it be that you're considering that if this is Aanlay and it's been there in these parcels and there's a drainage problem for right now I call it a regional drainage problem that the the PUD it needs to be dealt with in a regional level so that when each one comes in at least there's a plan to say this is what has is is a planning for it because it's one it used to be one owner, right, Mr. Shaw?

Yeah. Yes, it it did. And um there is the master property owners association which maintains the wetlands and the um the drainage connections between those wetlands. But the drainage which is on parcel 10 and the reason why parcel 10 floods is because parcel 10's heavily impacted by invasives. When those invasives grow out of control without being dealt with, they they clog up canals. And so that ditch that runs through parcel 10 currently in a development plan would be culverted and and piped through the parcel, you know, connecting to whatever drainage infrastructure that parcel proposes and that parcel constructs. And that would resolve the flooding issue because those invasives would be removed and that storm water system would be a constructed system, a maintained system. Right now it's vacant land and it's not maintained

and there's no timetable of development on that parcel 10 uh there there is and um you know I can't really comment with any level of authority on where it stands but uh between you know what the PUD says and emergency orders and all the other such but um you know there was a plan it was you know we were trying to work with the owners of that uh who also own parcel 13 and and that got convoluted so we ended pulling this parcel out of that application to, you know, try to try to do something. Yeah. Because I think as a public interest, we need to, you know, make sure that whatever needs to be done,

you know, not for nothing, when we did the PUD back in 2015, we really didn't know what um exactly, you know, what the exact detail of development would look like. I just, you know, I felt like what had been proposed was too much, and so I bought the property to, you know, make sure that it didn't happen. Um, and what we agreed to with the city back then was that every project or every parcel would require a major, you know, would require this public hearing process. And, you know, we were happy to do that back then. Um, the, you know, that is not typical. If you bought, you know, um if you bought the 25 acres north of or whatever the 15 acres north of, uh Audi and Infinity, you could just build whatever by right. And you know, some stuff I think reaches a threshold of, you know, requiring some public input, but um this parcel, you know, if it was just a oneacre lot in, you know, somewhere along US1, it it wouldn't arise to a major PUD amendment. We we agreed to that condition because we were basically trying to set a framework for, you know, a very large project, 50 acres that the city's code doesn't really contemplate in a, you know,

specific fashion, you know, where when you have all these wetlands and all this upland and, you know, there's kind of a unique deal. So, thank you. Is there a motion? Uh, is there Okay, I'd like to make a motion, Mr. Mayor. Is that appropriate at this time regarding ordinance number 2550-2025 aanlay lot 11 major amend major amendment CPU that this be moved to a second hearing is there any time certain required for just second here within two weeks be a motion a second reading that the next commission meeting

next commission two weeks I've made a motion Second.

Are there comments from the public? I have no comment. Comments from commissioners. My Yeah, my only concern is the flooding. I mean, that's my biggest concern is the flooding, Nick. Um, and I don't know if this is something that can be presented at the next reading is maybe the sheet flow of the drainage system. I don't I don't even know how you would gather that information if the city's going to have that and like you said it might be going back into the archives to get it. Can I just ask a question? That's a flooding on lot 10 you're saying which is not a part of this project right now.

Correct. But it was part of the master site plan. That's the only reason why I discuss it because it's like it does affect it. Yes, I know. That's and that's the only reason why I mention it. I understand it's not even owned by this development group, I believe, but at one point it was. And if parcel 10's going to get developed eventually and it currently floods, where do you displace it? Can you retain that water because it it looks like a pretty close setback and a lot of you know. Yeah, I think it might be good to have Ruth look into it as well. It's nice having an environmental attorney on board before next uh hearing. Thank you. It has been second.

Is there any other discussion? Okay. Mary, would you call the role? Mayor Collins? Yes. Commissioner Rich? Yes. Commissioner Gobi? Yes. Commissioner Clark? Yes. Vice Mayor Reid? Yes. Okay. All right. Seeing no other business, this meeting is adjourned. Thank you.