City Commission - Regular Meeting

this regular meeting of the Steuart City Commission. Mary, would you call the role? Mayor Collins here. Vice Mayor Reed here. Commissioner Clark here. Commissioner Gio here. Commissioner Rich here. And then Pastor Brochious, will you lead us in prayer or Yeah, there he is. And then the pledge of allegiance, please, sir.

Good evening, ladies and gentlemen. Let's pray. Father in heaven, again, thank you for this beautiful area which we live. Thank you for these ladies and gentlemen that are governing us and encouraging us and challenging us to uh do the things we need to do. And we pray that you would give them wisdom, give them direction, Father, all of us that you would help all of us to work together for the good of this community and uh for for your kingdom. Again, thank you. Thank you for your kindness to us and thank you for this uh this night. And we just pray all of this with gratitude in the name of our Lord Jesus. And everybody says, "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. I have none. Thank you. I do. A little lengthy. Sorry. Okay.

Hi everyone. It's always so great to see the room filled. I love it. Thank you for coming. Um I have a few items to discuss. I usually try not to mention Mr. their not so friendly neighbor and his opinions. But I could not pass up the opportunity to let everyone hear the irony of his statements from three weeks ago on the duties of an elected official. On February 27th, the latest attack on Mayor Collins was in Mr. Not so friendly's opinion piece. The vice mayor and myself were spared his wrath in this particular issue. An attack on the mayor on Mayor Collins and a slight at the city attorney, Mr. Bagot, was sent out to his readers. The actual verbiage from that opinion piece is as followed. Voting is an affirmative duty of a board member. It quite clearly states in the statute that a member must vote except in certain circumstances. One is if a family member, such as a spouse or a parent, has an interest in what is being voted upon. The second reason you're required to abstain from voting is if you receive a financial benefit or loss from that vote. I doubt that either of these apply to Mayor Collins. What I found most interesting that after some research on the voting records of previous commissioners over the course of the last 10 years, 11 city of steward commissioners abstained and in some cases more than once on separate issues, none of which appeared to be regarding close relatives or financial gain or loss. In fact, Mr. not so friendly utilized his right to abstain from a vote twice when he was on the dis in 2017. Both times were regarding an appointment for an interim city manager. Were either of those times due to a spouse or a close relative? Would there have been a financial benefit or loss to Mr. not so friendly neighbor? Just saying. For someone who left the city of Stewart commission in disgrace,

he should be more mindful of the old adage, people in glass houses should not throw stones. But the attacks continue more personal, more vicious, like a rabid dog trapped in a corner. Yesterday's rant on FNN's show cont shows contempt for the city he claims to love. If he cared so much for the city of Stewart, he would not only point out the negative, he would also point out the positives. And there are positives. We're a great city. Try not to encourage city and non- city residents to be divisive. It appears that for some of the not forprofits have now included a negative tone toward the city in their writeups on the not so friendly opinion piece. One individual might want to be more involved in their own notfor-profit organization and promote the positives of their own endeavors instead of the doom and gloom of the naysayers. The city of Stewart deserves better than a bitter tongue individual in their own poisonous agenda. They might have enlightened lessons from other not forprofits who provide pieces in the newsletter but focus on the good that their organizations do for our community. And kudos to the writer who had commended local veterans who has shown leadership and value in our community. And I am pleased that he welcomed our new city manager, a veteran, citing his excellent qualities and he looked forward to his leadership. Thank you. Now, on to a new topic. I noticed in an email recently that the Florida League of Cities is taking application for the 2026 Municipal Achievement Awards Program. The deadline to submit is March 27th. Since this would be too late for the next commission meeting, I would like to get a consensus from my fellow commissioners to have the city of Stewart apply under the following category would be environmental stewardship. The project would be our vertical oyster garden. This could be signed by the mayor and sent out in time for the f Friday

deadline. So, if I could have a consensus of the board to be able to do that and there's a letter that would be available for you to sign Certainly. Oh, thank you, Mr. Commissioner Campbell. Yeah. And u Ruth is could do that. Um our city manager. No, actually I think the letter has already been prepared by Well, city manager. I think it was partnered with Jim Crosky. Yeah, Jim Crosky put that together. Thank you, Jim. Thank you. So, we have a consensus and you'll have a letter on your desk. Thank you so much.

Thanks. Thanks. Thanks, Commissioner Gobi. And um it's Women's History Month, so I just want to say congratulations. It's the end of it, but we're here. We're here. But um uh uh our supervisor of election, Vicky Davis, had put up something on her page about all the women in Martin County who are serving in elected offices. And if we could look at that, that'd be good. Of course, there are women who've served in so many roles, especially here, just limiting that just at the city or city clerks and all that they do. I think they've mostly been women, no male city clerks or maybe a long time in the past in the Yes. And then we've had other people who've been here. In fact, we just had a history of the city of Steuart at the CRA meeting and um a lot of the the other people Joan Jefferson and Carol Waxler and um Mayor Hutcherson, Jean Riiffken and um Becky Bruner and so many others who have been instrumental in the city. So, I just wanted to bring that up. The other thing that I wanted to make sure and confirm because I've been working with the school board is that when I've brought up the um May 20th Emancipation Day and working with Steuart Training School and having that plaque, we're working on the on the wording for the plaque and trying to get some things done. And I wanted to be sure that um that's going forward as as to add that to the the historic places in the city of Stewart just with the plaque, but we know that it has been a historic place. I just wanted to again reconfirm that because we've met with them, Milton and I, and and we've met with them and we're continue with that work. The other thing is there's two things that I had brought up during the CR meeting and um I think we've resolved it in the

CRA meeting, but that was to make sure that we work with um whatever is happening with the downtown survey that we include the confusion corner and the ideas that have been brought up by Miss Moer and others with regard to any future um redesign for confusion. corner probably to take some of the confusion out of it, but at least to make it a safe place to pe for people to drive through and to get from one side of the railroad track to the other. And then the other thing was about the um in the past and we haven't done this in quite a few years but we have either when we've had lots uh in especially in the East Stewart area and I think most of the lots that we had we either sold them or we redeveloped them as homes with the Habitat for Humanity. I was just asking what the status of that is and I know that when we have our new city manager that'll be one of the things that they'll get up to speed on and see because I wanted to make sure if we had any lots or any availability that we'd continue to work to make sure that we continue to um at least build any available housing that can be done on those lots. And it's been a little while since we've looked at that. So, I just wanted to make sure that we do that. And um I think that's about it.

Vice Mayor, I have no comments. Okay. Um my comments were one to thank Jim Churroski for the history. For a really well put together amphitheater grand opening and that too. Yes, that's right. How cool is that? And in our little city of Stewart, we're going to have this lovely amphitheater that How many people can come to? 17. You think at one time, Jim? 1,500 people. We don't know where they're going to park, but

Okay. It depends on the band, I guess, but that we can have such a lovely um, you know, finishing up of this memorial park that's been a long time coming. So, so thank you for hurting all those cats and getting everybody organized and and throwing a good party for that grand opening. Oh, yeah. Milton, thank you.

And again, I I expressed these sentiments at the grand opening, but thank you to anybody and everybody who had any part, you know, whether you're in this room or happen to be watching in getting this whole thing from pen to paper to finally installed. We are all blessed by the work and effort that you all have put into it. So, thank you. Also for my fellow board members, the keep an eye on the school board meeting as I'm confident they're going to be discussing the property that we were discussing potentially purchasing. Uh so see see what they come up with so that we can talk intelligently about it next meeting. And then Michael Gardino's here. We're going to be discussing approving or not your contract tonight, but I'm thankful that you are here, our likely future city manager. And just with you in the flesh, you know, of all the people that we interviewed, you you by far were the most impressive to me. I am much looking forward to your leadership here. Your uh gravity and your focus while still being friendly and warm is quite a unique cocktail. So, I'm very thankful that you're here tonight. So, thank you for traveling here and being here um tonight. And I know you've got a lot going on professionally. So, it means a lot to have you here. So, thank you.

Thank you. Interim manager. I do I do have a few comments tonight. Uh the amphitheater, I'm glad you touched on that. That was an incredible success. Um overwhelming. It was a wonderful day and we inadvertently neglected to name some additional key players in the success of the project and we'd like to name them here very briefly

from Co Pepper Interpreting uh Stefan Matthysse PE and Greg Kuklinsky of Shade Makers from Holtz Consulting Engineers Christine Miranda and also McTig Construction Michael and Jennifer McTe thank you and from the city of Stewart We have Milton Leget and his crews, Mark Rogalino, Jimmy Lane, Kevin McDonald from the utilities and engineering department. So, we inadvertently neglected to mention them at the event, but thank you to you as well for your support and efforts. Yeah. In our latest version of what's good, uh the EPA South Florida grant was successfully submitted by Ruth Holmes and Milton Leget and the goal of that grant is to provide financial assistance for muck removal at one or two city creeks and we look forward to a favorable outcome on that. We hope to hear soon.

Thank you, Ruth. Thank you. Yes. Again, thank you, Ruth. Uh police lieutenant Brian Bosio recently graduated from the prestigious FBI National Academy in Quadico, Virginia. we were able to send one of our own. Bravo to Brian. Uh from Chief Zanelvic, he advised that only about 1% of law enforcement officers are fortunate to be selected to attend that academy. So to have another member of our department sent was really exciting for us. Um and I was asked about bless you

some of the purpose of the academy. The academy provides advanced training in leadership, law, and intelligence gathering. By attending the academy, uh the Steuart Police Department continues to strengthen partnerships with agencies across the nation, around the world, and continue to build relationships with federal partners. So, thank you, Chief Senelvic for sending Lieutenant Bosio to that. Uh this Saturday, Jim Kroski asked if I could just let folks know that Saturday is going to be a busy one. Lots going on. Everything's free. At 10:00 a.m. we've got the annual Egg Stroll at Memorial Park. Don't want to miss that. From noon to 5:00 at the Riverwalk stage, partnering with the Lyric Theater. Their centennial celebration is happening uh this weekend. Lots of bands um and lots going on there. And 6 pm at the Memorial Park Amphitheater. Our next gig is a Led Zeppelin tribute. So, lots going on. And then of course 3 to 7 pm at 10th Street Community Center close to our hearts. The Helen McBride Celebration of Life will be taking place. So we hope you can join us there as well. And then lastly, employee appreciation week is coming up on March 30th. So this is an opportunity to celebrate all of the employees who serve the community and the employees who serve the employees who serve the community. So we uh we hope that the public will get involved. We're going to have boxes throughout the city at various buildings where they can drop kudos, a letter of thanks, a little note. We'll have note cards and pens and employees can do the same for each other. Just drop a little note in there to say bravo. Thanks for helping. Thanks for what you do. So, employee appreciation week, March 30, and we're very excited to to do that. So, that was all I had.

Okay. All right. Do I have an approval of the agenda motion? Move approval of the agenda as published. I'll second the motion. All in favor? I comments from the public on non-aggenda related items limited to three minutes. Do we have comments from the public, Mary? I do. Okay. I have Jim Snedeker. If I have copies, do I give them to Mary?

So, my name is Jim Snedeker and I'm speaking on behalf of Martin County Forever LLC. Uh, by way of background, my profession has been both in risk management and in law enforcement. Thanks, sir.

Our Martin County Forever initiative has two primary goals. The first is to be certain that any funds received by the county from our initiative adhere to the spirit and intent of the referendum and ordinance as they relate to preserving environmentally sensitive lands in four designated areas. To date, I am very pleased to advise that this is being achieved and as chairman of the environmental o lands oversight committee, I'm assuring you that we're sticking to that. The second is to work with the five municipalities to ensure that any funds they receive under the state statutes from the Martin County Forever Initiative will also be used within the spirit and intent of the referendum and ordinance. To that end, in 2024, members of our committee met with all five municipalities, including the city of Stewart, and all were assured that they will be doing everything possible to use the funds for environmental purposes and within the spirit and intent of the Martin County Forever Initiative. Until recently, we have had every reason to believe that we could rely on the five municipalities to use their share of the funds for environmental purposes. However, it is now clear that recent discussions involving the possible purchase of a school building by the city of Stewart using Martin County Forever generated funds is highly problematic since it would constitute a material breach of the understanding reached with the city. And let me repeat that it would be a material breach of the understanding reached with the city. and it would represent an affront to the voters who supported our initiative and indicate both disdain and disrespect for

their wishes. And that was 64% of the electorate supported of what we pulled together. So, it's just a disgrace that someone would be talking about buying a building with those funds and not using them for environmental purposes. Due to this, on behalf of Martin County forever, I encourage you in the strongest terms to use such funds for an environmentally oriented purpose. Thank you. Any questions or nope. Okay. Thank you.

I have Clay Sharer. Good evening, commissioners. Clay Sher, 200 Southeast Forwind Drive, uh Foreign Drive Stewart. Uh I didn't plan this, but uh to stay on that same topic. Um I wasn't able to attend the the meeting a couple of weeks ago, but I did watch uh the tape. So again, thanks to the city staff for making that available to those of us who can't join here every evening. But I I was quite uh keen on the the the discussion around using the funds from the half cent uh sales tax and I'm I'm glad glad that you're thinking about it. it I just got a sense that it was kind of like hey here's suddenly here are these funds now what do we do with it and it was a little bit I didn't feel like the commission did the residents uh any favors by not having a very thorough methodical approach to how to use these funds in the best uh sort of environmental um stewardship manner I'll say it like that and I I would just urge you to um maybe gather a bit of public input or uh lacking that. Maybe expertise in that subject to help do sort of an assessment of properties or or areas in the city that make sense uh for consideration of acquisition or investment to meet the the goals of of the um of the half cent sales tax similar to what we just heard. So, uh, I don't mean any disrespect, but it just watching the tape, I got a sense that it was kind of not well thought out, not like really methodical and analytical as to what to look at. And I think if a list was created of priorities, uh, then you can have that discussion, but you you might want to access expertise in that area to help

identify uh, uses. Uh, I submit that respectfully. Thank you, Janine Alexander.

There's an old adage, the sins of the father are inherited by the son. That's paraphrased. Regrettably, to me, it seems a shame that the new city administrator, new city manager, would inherit the sins of a former city manager, Michael Martell. On October 7th of 2025, I received an e filing notice um from the heads um justice of the Supreme Court of Florida um assigning case number 201800721CA which was filed against the city of Stewart under 768.28 waiver of sovereign immunity. It has been assigned to another jurisdiction. I'm not which I'm going to um not suggest tonight to be heard tomorrow in a hearing. I have six case law supporting my position. My position was that there was a citizens complaint filed in 2018 and it was emailed to Michael Martell and to Nicole King. There was a report that was contrived by Roz Johnson and it was um finalized on April 19th of 2018. In addition to that report, there was another report that was um contrived by officer uh Sergeant Buchanan. And I would suggest that probably Chief Daz, who received my complaint about policy 27 not being followed, was the one that handed down the delegated the responsibility to Buchanan. I want to read from policy D27 tonight. My main contention, there was a seven-minute video filmed in a domestic incident. It was filmed of me in violation of dual consent. I had no idea it was being done the night I was there to accept my ex- fiance's marriage proposal. In retrospect, I'm glad I didn't accept it. 10 years of my life would have been

spent very miserably in a marriage to him. But the end result was I was charged with something that I was not guilty of because a video clip that was obtained by officer Newan Bo, an email to his his city email was taken from a 7 minute segment of video section three from policy 27 paragraph 4. Officers are not authorized to open, edit, alter, or delete any original images captured regardless of image quality. Section B. Only departmental approved digital cameras will be utilized at a crime scene. Two violations in one paragraph. I received this email from Lee Baguette on March 12th. You are correct, Miss Alexander. This case could have been settled years ago. Mr. Mr. Martell in coordination with our insurance carrier offered you a sum of money before lawyer Mr. Gonzalez was retained to defend the city from your multiple lawsuits. At that point in time, there were not multiple. There was one. Today I spoke to the insurance adjuster. She never heard of settlement discussions from Michael Mortell.

Lies and more lies. Do not begget the truth. I would like to settle this matter once and for all so the s new city manager could step into a position of positivity. Candace Callahan.

Hello again friends. Candace Callahan, executive director for Steuart Main Street. I'm just back in front of you to give you an update, a little Main Street minute. Three minutes. Um, happy 100 to our beloved um, Lyric Theater. Um, they were the first major project in the step in the first step. Um, and our main street's revitalization story. Um, we've had two back-to-back art and craft festivals, one being at the end of February, one being just this past weekend, so forgive the bags under my eyes. Um, but they were both very successful. We did have rain on one of those days and had to end early. Um, but overall very successful event and our community is very happy that we still have those. Some long-term businesses are retiring, but um, so we bid them farewell, but don't fret. Um, we already have gotten word that those vacancies should be quickly filled as there is a lot of interest still in businesses being in downtown. So that means our downtown stays healthy. Um, sidebar, I've been given um I've had a lot of questions about how we as Main Street can control the types of businesses that come into our district. Um, but they're owned by property owners, not Main Street. We're not an HOA. We're not a Harbor Bay Plaza. We're not a mall. Those are actually owned by the property owners. Um, and they make those decisions. I wanted to invite everybody to Mornings on Main Street, which is our bimonthly coffee networking event. It is open to everybody who loves their downtown. And if you don't, you can still come. You're my friend. I promise. Have some breakfast on us. Um, but we share concerns. We talk about upcoming um, events and ideas. Um, so it's great community. Um, it's a great community event for everybody. That'll be at Blue Gallery this Saturday or this Thursday at 8 a.m. Um, we have our Earth Day cleanup coming up. Um, that is where we sign up volunteers to help us clean up our downtown and keep it as beautiful as it is because it's not just the city of Stewart's responsibility. It takes all of us. Um, we will be kicking off historic preservation month soon in May.

That's always held at the Stewart feed store, but they are changing their date around, so stay tuned for that. We're also bringing back our very popular Saving Stewart then and now event that we hosted last year and we're actually morphing it into a speaker series to talk about some hot topics. So stay tuned on that. And I did get a little facetime with the historic preservation board recently to update them on all the awesome um work that's being done in our downtown area with preservation efforts. They actually have um shared some interest in partnering with Main Street to host a heritage festival for the county here in our downtown. So, more to come hopefully on that. And congrats to the city for a successful ribbon cutting event. We are happy to be there um to show a little face and talk to our residents about the renovations for the park. And now that Memorial Park has been completed, perhaps we can start discussing some improvements to Flaggler Park. We as the stewards of that park would love to see some improvements. So, thank you for your continued partnership.

Thank you, Candace. We have Frank Mcrist.

Full disclosure, my wife is the principal at Redeemer Lutheran Church and School on East Ocean Boulevard. Three years ago, the congregation finally decided it was time to get a resource officer and raise the funds for that every year. It was a time when there were a lot of school shootings in the news. But even more troubling was the direction the resource officer or the or the people on duty to to guard the kids, the direction they were running when the crap hit the fan. So, I want to thank the chief for making a a policy decision that allows one of his best SWAT agents to remain the U resource officer at our school. There's there's no way I can ever thank you enough really. Um, it seems as though especially during the winter time, our downtown areas turn into total partyville every weekend. And I think we need to uh draw some lines of demarcation as far as what streets are going to get closed and which ones are going to remain open. Twice this winter, something new happened. Georgia Avenue was closed. For an old guy like me, it was disturbing. And then um if you've got foot races and marathons and stuff, I think you need to route them down Oyola instead of East Ocean Boulevard. And uh as far as the environmental money being spent to to tear down a moldy old building on East Ocean Boulevard and replace it with green space. That sounds pretty environmentally friendly to me. Thank you.

I have no further public comment. Okay, moving on to approval of the consent. Do I have a motion, Mr. Mayor? Oh, were you saying something? Or does anybody desire to take anything out for the action item number two? And no, sorry, I'm in just seeing if if you if you somebody wanted to make a motion or if there was a motion for approval of the consent calendar. Second. Okay, Mary, would you call the role? Commissioner Rich, yes. Commissioner Clark, yes. Commissioner Gio, yes. Vice Mayor Reid, yes. Mayor Collins,

yes. Moving on to item four, and this is a quasi judicial. Yes. So, Mayor, if you could pull out the yellow card.

Yes, sir. The title of the item is Lewis Leonard, 433 Southeast Lake Circle Drive, East Stewart, major urban code conditional use permit. It is quasi judicial resolution number 16-2026. A resolution of the city commission of the city of Stewart, Florida, granting an East Stewart major urban code conditional use to the property located at 433 Southeast Lake Circle Drive as described within the attached legal description. Granting approval to allow an outuilding to exceed the maximum size of 700 square feet, to allow the reduction of a rear setback requirement, to allow the maximum of five density units, and to confirm the impervious and pvious requirements, granting approval and allowing the applicant to obtain a revocable right-of-way permit for the use of the city's rightway for the existing paved access for Southeast Lakes. Circle Drive providing for an effective date and for other purposes. And this is quasi judicial and it may seem like it might be an ordinance that there would be a first and second reading, but this is only one reading as it is a resolution. So, I wanted to point that out.

Thank you for clarifying that. Do the commissioners have any exparte communications. I spoke with Mr. Becket at length today regarding this item. I spoke with length with the interim city manager and with Jody Netwick of the development department regarding this matter.

With regard to this matter many months ago, I had a tour of Mr. Leonard's property. I've spoken with Mr. Leonard uh at that time and also with city staff at that time when um before this was put on the agenda. I have a lot. Uh, I spoke with Rod Peterson, I spoke with the applicants, I spoke with Audra, I spoke with the listing agent, Rosie Shepard, I spoke with Lee about it, spoke with Roz about it.

I spoke with Mike Mortell about it. I spoke with Joel Lee about it. Um, I also did a site visit, I believe, twice just to verify there wasn't uh a 30 or a 50 amp breaker for a stove. Um, I think that's it. I I have spoken with staff. Lee, would you place any potential witnesses under oath? Sure.

Paul, that's going to be testifying. Raise your right hand. Do you affirm that the testimony and evidence you're about to provide will be the truth, the whole truth, and nothing but the truth? So, help you God. I do. Okay. You can be seated. Thank you. Will the development department please provide a brief summary of the agenda item, including the loca location size of the property, current zoning, zoning requested, and list the applicant's request to deviate from the land use development regulations if any.

Yes. Uh, good evening, chair and board members. For the record, my name is Jody Cougler, the development director for the city of Stewart. Tonight, I am presenting agenda item number four, the applicant, Lewis Leonard. The pres petitioner is requesting approval of an East Stewart major code conditional use pursuant to section 11.01.0.11 of the city code of the city of Stewart land development code. The property is located at 433 Southeast Lake Circle Drive and is also located within the community redevelopment area special district. Pursuant to the land development code, public notices requirements were mailed out March 6, 2026. The applicant also mailed out uh posted the property and um with one sign to describing tonight's meeting. The 29 acre parcel is outlined in red and is located at 433 Southeast Lake Circle Drive within the East Stewart district. The property is zoned business mixeduse. Uh business mixeduse zoning district encompasses East Stewart traditional business area abuing the south side of Martin Luther King Jr. Boulevard adjacent to central and east avenues. The area is currently characterized by several vacant parcels, a few scattered single family and multif family residents and a small number of businesses. The desired development pattern of the business and office uses were approximately to residential uses promote a vibrant mixeduse neighborhood. The future land use is East Stewart uh per policy 1.87.1.K K of the city of Stewart's land development co comprehensive plan. The East Stewart future land uses designate applies only to land area within the Steuart community redevelopment area.

The designation is specific to those historic African-American districts and adjacent land areas. General uses include lowdensity residential, multifamily residential, office, commercial, recreation, and mixeduse projects. On March 26, 2025, the applicant, Lewis Leonard, owner of the property located at 433 Southeast Lake Circle Drive within the East Stewart neighborhood special district of the city of Stewart, submitted an application regarding the parcel. The subject property is 29 acres in size and is designated the business mixed use. Permitted uses within the BMU zoning designation include single family dwellings, dup duplexes dwellings, multifamily, and accessory dwelling units. Accessory dwelling units may comply with the development standards outlined in section 3.02.04 point F.04 of the East Stewart neighborhood zoning designation within the city of Stewart's land development code. The applicant, Lewis Leonard, is requesting an East Stewart major code conditional use to seek approval of the following deviations from the East Stewart neighborhood code to be considered and approved by the city commission. This just verifies uh the Martin County um did verify the application the address at 433 Southeast Lake Circle. There was some discrepancy as as this property has been moving through the permit chain. Um this is the existing 900 foot building that is um showing the out building that was being proposed and part of the petition's uh application tonight. The current outbuilding floor plan. This is what it was permitted at one point of time or was was submitted. We're showing

three different units and this is showing the conceptual plan to move forward with any type of uh to reduce it down to five units. Um the the recommended conditions approval. Each parcel located each parcel located east 433 East Stewart East Southeast Lake Circle Drive and 437 Southeast Lake must establish all aquable utility counts with the city of Stewart customer service division. Aquable utility services include water, sewer and sanitation and storm water and any construction work including the interior remodeling, exterior structure, modifications to walls and changes to electrical, plumbing, mechanical, utility or fire protection systems require a permit. Most permits required signed and sealed architectural and or engineered drawings. A revocable permit must be obtained for the proposed driveway access through the city of Stewart prior to final certificate of occupancy. Uh at the community redevelopment board meeting, the board did uh recommend approval to the city commission subject to the conditions outlined in resolution 16-2026 and staff has reviewed the proposed partition for the East Stewart Major code conditional use permit and determined they conform to the standards review outlined in the land development code and are consistent with the comprehensive plan goals, objectives, and policies. and staff is recommending approval. Uh I do have the applicant's representative here who will go over the individual different uses that they're asking from deviations from. Good evening, mayor, vice mayor, and commissioners. Thank you so much for your time this evening. I know that we all have things that we need to do, so I appreciate you being here. Additionally,

thank you staff for going through the overall uh facts of this matter and we're going to dig in a little bit further into the specifics. I apologize there will be some repetition, but we we have to do what we have to do. So, please bear with me. As we already know, this is going to be and do I have a clicker? Perfect. Thank you. Um, one further clarification before I begin. Uh, this is an amended uh conditional use approval application. The reason is because the first one was indeed in March of 2025. The second one was an amendment that happened this year, I believe, in 2026. Uh but I can get that confirmed if the commission so wishes, but the we're going to go ahead and jump in now. So, of course, we're here on an East Stewart urban conditional use application for 433 Southeast Lake Circle Drive. That is the property location. We're going to zoom in in a minute, but as talked about, we are Martin Luther King Boulevard right here. We're coming down East Avenue, Lake Street, and then this little right ofway, which I'm sorry I'm shaking, but uh this little right ofway is the actual right ofway that we need the revocable permit for, and that is Southeast Lake Circle Drive. Thank you so much, Jody. Okay, so the particular um building that we are involved with now is the out building. The out building that is circled in orange, that is actually the building involved here. The rest is pre-existing and and generally not a part of this particular conditional use except for that revocable permit for the driveway. As we talked about, the land use is indeed the East Stewart uh CRA. Additionally, uh, as noted up here, the highest available density without a conditional use approval, so without a city approval beyond just buying the property, um, is 17 dwelling units per

acre. That's going to become relevant in just a second. So, as we talked about, we are in the business mixeduse area of East Stewart. So, we can have a mix of uses, including multif family. So, the parcel is 0 29 acres. If you do the math 029* 17, hence why I brought it up, you get 4.93 units, but the city of course is going to round down because you can't live on less than one, right? City allows round down to four units by right. So that means we whatever density we are increasing here is only by one. We have a right to four just as it is. Relevant permitted uses in the BMU zoning include, and this is the relevant ones. There are others, but these are the ones we're going to deal with today. single family dwelling, duplex dwelling, multif family, and accessory dwelling. So, we're going to get into what the East Stewart code actually says. As of right now, the rear setbacks, which is the space in between the rear boundary and a building, is has to be a minimum of 10 ft currently in the code. Additionally, impervious area cannot exceed a maximum of 75% on any given lot. So that means at least 25% has to be pvious, has to be open. Residential density capped at a maximum of 17 units per acre by right. However, if you want more density, you can only go up to 20 units per acre with conditional use approval. In this case, because this site is so small, we can only go up to five units per acre or five dwelling units on this site with conditional use approval from you, the commission. Finally, the out building that we talked about, the building that was circled in orange, that out building cannot exceed per current code more than 700 square f feet. It is currently at about 900. So, what do you, the commission, have to worry about the most as far as a

conditional use approval? What do you have to think about when you are deciding whether to grant one? Well, land development code section 11.01.11 01.11 specifically says that a conditional use shall be granted if the applicant demonstrates that the request is consistent with the East Stewart neighborhood code and the city's comprehensive plan. That the request will further the implementation of the CRA. We know that the CRA is the East Stewart zoning overlay district. The granted request will measurably improve the form and function of the traditional neighborhood and the request if granted has will satisfy the site qualitative design development standards in LDC section 6.0.04. We'll get into those a little later, but first we're going to tackle the first three. Now, as we talked about, this is an amended conditional use approval. This is what my client, the applicant, Lewis Leonard, is asking for. So, we know what the code is. We know what the standard required to make the decision. And now we're talking about what it is the applicant is asking for to allow the one out building, the one circled to be 900 square ft instead of 700. We are also here to confirm since there was a significant question. We are here to confirm and demonstrate and prove that the impervious and pvious requirements are fulfilled on this site by way of a survey. Additionally, we are asking that the commission grant Lewis Leonard the ability to have his existing structure within five feet of that rear boundary. So instead of the 10 ft required under the rear setback, we're asking for the applicant to be allowed and be in compliance with 5T. We are also asking the maximum residential density for the property, which is five units. Like I said, by right is four. We're asking for that last one. And then finally, the ability or the city commission to allow

us to go for a revocable revocable right-of-way permit to allow the applicant to continue using at least for the time being um the city's right of way because currently there is a driveway that does connect and flow through the right of way. This is the survey. I'm going to zoom in in a minute, but as you can see, the particular building we're dealing with is right here. Right now, this survey was done in January of 2026. So, it is very recent. That is the building with the star. Once again, property location. Now, when we zoom in on that particular survey signed and sealed by a Florida U certified mapper, the total lot impervious surface out of a 12,893.86 square foot lot, 6467. So 6,467 square ft is impervious. Therefore, we are well under the 75% maximum. We only have 50% imperous surface area. So that's the lowhanging fruit. That's the stuff that we can easily prove is being fulfilled here. So as discussed by uh Mrs. Cougler, the existing out building is set up as three units. um very linear, having exterior doors with bathrooms that are separate, etc., etc. This is the conceptual floor plan for what the applicant intends to make this out building into when the conditional use is approved. So, this is a one unit. There are four bedrooms. There's one kitchen or kitchenet. There are two bathrooms, but it is all one cohesive unit. It is one housekeeping unit as under the building code that's one of the factors. So it will be one unit when all is said and done. But as uh Mrs.

Cougler suggested we will have to go to a building permit to get that changed. But that is the change that we are going to uh be implementing upon conditional use approval. Now, we talked about those conditions, those things that you need to or the commission needs to think about when we're talking about a conditional use approval. One of them, sorry to be flipping, um, is basically does this conditional use approval, uh, if granted, is it inconsistent with the area, is it inconsistent with the land uses and the uses surrounding it? And I would suggest at this time that it is not. One of the reasons is, as we talked about, this is our lot. We have a single family home on the south and the north side. On the west side, we have a lake. On the east side, we have a duplex. And then we have a business, actually another duplex here, I believe. And then we have a business here. And then a 10 unit residential apartment complex up against Martin Luther King Boulevard. We've got a duplex across the street at the lake. and then some other multif family and church uses down below where the aerial reaches. So we have a mix of uses of varying densities, various intensities. This is BMU, so that makes sense, right? So to add one more dwelling unit to this scenario is not inconsistent and generally is almost not changing anything to be quite honest with you. So that's my breakdown of within 190 feet at the corner we've got multif family apartment building 10 residential units 230 ft northwest we've got a mortuary cemetery and crematorium 210 ft southwest across the lake is a duplex etc etc so density without a conditional use approval like we talked about sorry to beat a dead horse we have four residential units that are available

given the nature of the established densities and intensity densities within the surrounding area. The proposed property having an approved density of five units, one additional unit, does not significantly depart from the established densities and intensities that are already built and entitled. Um, and also does not significantly increase the load on public facilities such as schools, utilities, streets, other public infrastructure. One more family is not going to make or break the system. So going to whether this comports with the comp plan, whether this comports with the East Stewart zoning district and its code, we're going to get into some of the code. Goal statement 1.D of the city of Stewart comprehensive plan. The goal of establishing an East Stewart overlay zoning district, which is what we're talking about, right? Is to address the unique and special land use and related development issues of this neighborhood. It's also mentioned in the housing element of the comp plan. So, what is the objective? What's the goal of the East Stewart zoning district? Well, the comp plan says it. Objective 1D1 to reduce substandard housing conditions, increase affordable housing opportunities, improve infrastructure and safety conditions, and provide for land use regulations that reflect and strengthen the neighborhood character of East Stewart. That includes replacing substandard housing with code compliant housing, create an accessible and safe neighborhood, encourage a mix of housing types, and encourage neighborhood infrastructure such as sidewalks and walkways. We are talking about an outbuilding that is out of compliance. We are here today with this conditional use to get it into compliance or at least the process thereof to allow for a non substandard housing condition that

will be affordable to a family. We go further into the uh comp plan and the east overlay district uh in uh code objective 3. C.1 very similar setup as to what was seen in the prior objective, but slightly worded differently. Promote attainable or affordable housing and economic development in East Stewart. The city shall continue to apply design and development incentives contained in the East Stewart overlay district as well as through effective and ongoing code enforcement activities to strengthen the neighborhood character. So, of course, replacing substandard housing with code compliant housing. Now I'm not saying that this building is substandard. What I am saying is that currently it does not meet the current code. So given all these goals, you know, goal statement 1.D, objective 1.D.1, and then of course objective 3. C.1, the applicant's amended application for conditional use, um, if approved would increase the density to five units. It would change the rear setback. It would allow one larger out building than what's usually required and it would allow a revocable right of use of the right of way allowing access to the building. This is not contrary to the land use nor adverse to the goals or objectives or policies of the city of Stewart. The comprehensive plan and the East Stewart neighborhood district basically agree with what we're asking for here. So once again, we've tackled the first three. A conditional use shall be granted and shall is is somewhat of a must. Shall be granted the applicant if the applicant demonstrates that is consistent with the Steuart neighborhood code and the city's comprehensive plan. It further furthers the CRA redevelopment plan. Uh measur measurably improves the form and function of traditional neighborhood

characteristics. I think all of us can agree that you know not having uh a density that's higher than code would potentially do that, right? And we now get to the final item has satisfied site qualitative design development standards. Now LDC section 6.0.04 um is a relatively long section. It has a lot of qualitative things which means it's focused on quality and what I mean by that is it's very we should do this, this should happen, this should be considered. So with that uh harmonious and effect efficient organization, our out building is right up against uh another single family home, so it's efficient. Uh preservation of natural conditions. We're only using up 50% of the lot. Screening and buffering. Not as much screening and buffering here, but then again, the other lots around it don't have it either. Enhancement of residential privacy. The out building that is discussed is behind a single family home with walls basically between it and the right ofway. So could be increasing privacy. Emergency access. You have ability to access the area by way of the driveway and the sidewalks that are involved. And I'm going to go back to the site. You'll notice that there are indeed a road and then sidewalks and parking all in front of the single family home and the out building. Um, access to public and private ways. Well, by way of Southeast Lake Circle Drive, you have access to Southeast Lake Street, which then has access to Martin Luther King Boulevard. Pedestrian circulation, you've got um ability to walk up and down that roadway and it is paved. Location, design of access drives. I think from that uh aerial, we notice that it's right up against the building and has pretty good access.

location and design of access drives. I think I've seen I've showed it enough that we can identify that those are available. Coordination of on-site and off-site coordination. So, we have that roadway that takes these individuals including my client, but other residents res residential owners on that street off of Southeast Lake Street, thus getting them off of the main one of the main drags. Um, location and design of on-site ways looks pretty good. Drainage and exterior lighting, there have been no complaints or other issues with drainage or exterior lighting to the best of anybody's knowledge. So with that being said, as discussed, the community redevelopment board on March 3rd was unanimous recommendation of approval and we request at this time that the applicant uh be given an approval of his amend amended urban conditional use application. Uh I'm here for any questions if there are any. Thank you.

Do commissioners have any questions for staff for the applicant? I do. I um the five units, how many electrical and water meters are there building? So, that'll be uh dealt with a building permit. Um I honestly haven't been on site. Um but my understanding is they currently have separate electrical meters for the three units. Now, that is my that is what I understand. I have not seen it and Lord knows I am not an electrician so I may be absolutely wrong but that is my understanding at this time. Okay. It will be dealt with a building permit.

This would be for Joey during the permit process. Would that be something that we would be looking at that each unit would have its own billing in a sense for electric and water? Uh yes. So that would be one of the conditions of approval. Um right now the three units are just so you understand there's seven units right now. There's two duplexes in the front and then there's three units in the back which is the out building that we're discussing. Um during permitting those uh they do have three separate meters going running to three different units during the permitting that will be have to be remodified and uh repered and so yes it will have to be addressed during permitting. So for clarification that out building will have one

will have one unit. Yes. Correct. Um there was a lot of mention about affordability. Do we already know? I mean obviously three of them are already occupied. Uh it's my understanding that they are not occupied because they weren't in compliance. So uh they weren't really rentable because of code enforcement issues. Okay. So is there a criteria for meeting the affordable the affordability of the of the different units? Not as far as the East Stewart. Not as far as I know. Um it is simply, you know, I market

market value honestly, but East, you know, East Stewart has had some challenges. So it it may be more affordable than in in other places. Okay. I think he's rented to family. Vice Mayor. Oh, yeah. Were any other board members aware of this during the zoning in progress by the way of this particular development or this? Yeah, this was mentioned by Mr. Mortell quite a few times. Yeah, because it was it was it was so vague like the entire time. But yeah, um in the community

I don't have any issues with his stuff. I I think there's flaws on both sides from the applicant and from the city of Stewart during the process. Um how they're addressed, I guess. We're here now. Um, but I I personally don't have an issue with what they're trying to do. Um, I think, you know, originally the city had wrote a conditional a conditional usage was required regardless, by the way, under the old urban code or the new urban code. and where the ball was dropped, whether that's on the city of Stewart or the applicant. I'm not here to blame anybody, but there's multiple things and moving forward, how do we move forward so we're not knocking a building down or converting it to only one unit? Um, it's kind of like this is part of the backlog of issues that I don't think some of us up here should be dealing with, but this is what we have in front of us. So,

do you have questions for staff? And yeah, no, I I'm I I am confused though why why they have three meters and then they're going to be made to convert it to one meter. um if they had 3 meters originally on a building per you know was it there on the original building permit? This place has been inspected multiple times. I'm not sure Lou is here to really give any kind of information. Lou is of course our our building department director. So I I do have a project history if you'd like to see that. I just showing I would like to hear that. Yes. Where some of the issues lie

if if I may just be aware that the history is not necessarily what you're making the decision on tonight. The decision is made on the code and whether we met our burden as an applicant right to fulfill that code. Just putting that out there. Thank you. And maybe we should save the questions relative to the project history for once we're in a motion and just focus on questions relative to the presentation with the applicant. Right now the applicant would be grateful. I think you asked if there were questions from the commission of staff and commission questions. Okay. Jody. Jody.

Okay. Thank you. So, um, we did do a breakdown of what what the history of this project. Um, as you can see, the original permit was issued in 20 2008 for the addition. Um, as you can go down to different timelines. That permit had expired. Um, and the applicant had uh renewed it several times. Um, it was expired all the way down to 2021. And that permit is where the three different additional units showed up on that permit. So you can just see some of these um it's been going on for quite some time. Um also uh during that review for that particular permit, it did have a note in there from the zoning that they had to get a special conditional use at that time and that was in 2021. Um, also there was an email sent to the um the uh architect at that time outlining all the conditions that was sent from a previous staff member in our in our uh planning department outlining all the different things they needed for a conditional use permit. And that was when it was 20. It would be up to 30 units per acre with a special conditional use. Um, and this shows where the applicant had requested a permit extension uh through the building department on November 28, 2022. Um, he was provided a an extension approval for 90 days by the building official. Um, and that permit again, this is the 20 21 permit, it did expire February 27, 2023. So the applicant had several notices that this um permit had expired

building going on the site during this period.

Yes. So there is some discrepancy um with how the approval happened. I was not during that time here here during that time. However, we did sit down with the applicant and their the uh representatives today to try to figure out how we could get there so Mr. uh Leonard could get moving forward and trying to get this passed. And I think with the conditions that we recommended would help Mr. Leonard get get to um the final goal which is a certificate of occupancy. And that's why we're here really today. But this this is the history that we did provide that we did find within his permit records. But um again, we're here to close out the permit and try to get Mr. Leonard uh where he needs to go.

Commissioner Clark.

Yes. Thank you. So that kind of is the crux of the matter because Mr. when Mr. when Commissioner Reid, Vice Mayor Reid came on and he had he became familiar with Mr. Leonard and the situation and he brought it up. I want to be sure. I know that we had the new code and things had to come in even though the conditional use was there before uh and he's been going through getting building permits. Um this time around and I'm not sure we're in quai judicial. Did we have to send out notices for this? Did Did you declare that in the beginning of this meeting?

Yes, Commissioner Clark. Uh we sent out two sets of notices. The first was for the CRB meeting and we posted for CRB meeting only. And then upon the CRB meeting getting completed on March 3rd, we then sent out a second set of notices for the city commission because we didn't have a city commission date just yet when we put out the first. So, we sent out a second set of notices. um to everyone within 300 feet as required by the returns have been turned in and and the the building was posted for the city commission. We don't do returns under the city. The code only requires us to do you just to prove notice

regular mail and to give a certified list of who we sent it to and then I have to certify it as an attorney um that that was completed.

Okay. So So that was taken care of. I want to be sure that this one particular thing that we're doing now that even though it doesn't cover everything um that we won't have this situation coming up again that all of you see all that red mark that was up there and things that have gone on year after year after year. I just want to be sure that moving forward Mr. Leonard wants to rent the property. He wants people to use it. He wants his family members to use it. We just want to make sure that we don't have this coming up again. And I I don't want to call anybody up here to But you know, if if Mr. Manhattan has anything to say as with regard to how the building department has handled things and what needs to happen. We just need to be transparent and make sure that when somebody else comes up for another permit that something that happened years ago with the sewer that limits something or does something else that we won't have to go back to this again. I just want to make sure that we're going to be clear and that we're moving forward and that if there's any redevelopment or anything that needs to come out when the the new owner if he decides to sell this property that that person is comfortable that this is what's on there whether it's five units, seven units, nine units and that they can get light and power to them and water to them and that's what's on there and we don't have this quagmire going on forever. ever.

I totally understand. Um, go ahead. I'm sorry. Commissioner Clark, if I may answer that question. Um, when when Mr. Lewis, I mean, Mr. Leonard Lewis um came in several different times, we were operating from an old system. We do have a new system in place uh through the computer program, through electronic online submittals. Uh we have SOPs set in place for um zoning reviews and making sure that they're stopped. So when there is a deficiency, the applicant is aware of it and they have to they have to uh meet the deficiencies before moving on to the next process.

If I may, Commissioner, uh the conditional use approval will run with the land. So if it is approved today, it will run with the land. It will be recorded. It will be obvious in any due diligence, in any title search, in anything you do when you purchase property. Um, additionally, it won't just go away. Uh, it will have to be removed by a city commission uh, once it is put in place. There is no expiration date on this conditional use approval. Now, when it comes to building permit, that's a whole another discussion, but Miss uh, Mrs. Cougler and uh Lou of the building department was gave me a call when we first started this and said here's the four things that we see that will need to change on building permit. That transparency I believe will get us to that finish line. Um and I don't foresee that changing uh because they stated it and I'm stating it to you today that that conversation happened. So, um, we know what we have to do. Um, and we're just going to try and execute as best as possible to get everything done as quickly as possible. And as long as we've been being transparent when we had all those expired um permits um I don't think it showed in between and maybe you weren't required to show this that what was approved in between that because if you're working with an expired situation and that you're building and making changes and things the building department is still going out and somebody's approving something. I just want us to be sure that everybody is on one page today and that approving this one little part here that we're doing on the conditional use that we don't go back when something else happens and says, "Well, because we

didn't deal with this, you still have to come and do this or the other." I want us to make sure that whenever we're working with Mr. Leonard that what we're doing is going to benefit him now and in the future. And Mr. Leonard is not going to be around for another 80 years. Okay? He needs to know. He needs to know that he can say, "I've been down to city hall. This has happened and this is what I can depend on." Yes, ma'am. We approve the model.

Yes, ma'am. the conditional use approval will be running with the land and it cannot be removed or changed unless another city commission first of all the applicant has to bring it up uh which he he won't but um an applicant would have to bring it up and another city commission would have to change it as far as the building permit I can't guarantee that it's going to be absolute smooth sailing I know what we have to do I expressed that from the city to the applicant and all we can do is execute And that is one thing that Jod and I have done on multiple occasions. We can execute projects um as long as it follows the code, which it will after hopefully this conditional use approval.

Mr. Mayor, can I ask a question?

Sure. And this this probably has nothing to do with the specific conditional use approval, but we now have an environmental planner and I don't think it was in that list of activities on the property, but I know that there's a nice lake there and things have happened and I wasn't sure if Jody had seen anything in the history of the creation of that lake and if anything needs to be said or done with regard to that and the delineation of that on the property. So, I want to be sure because it's a it's an environmental it's a little water body that's there in the community and I just want to be sure.

Commissioner Clark, um if I may, I can answer that question for you. Um as far as the lake is concerned, u Mr. uh Leonard Lewis will have to maintain all his storm water on site. He'll demonstrate that during his building permit process. So that is a standard uh requirement in general. So um right now we have not had any issues with uh or any complaints that he's had runoff um off the building. I do know that the building sits much higher. I've been on the property many times. Um it does sit much higher and it it has the proper sloping down to so you're not having a quick uh drainage fall right into the lake. So there is some natural flow. Um so he will have to protect that. Um, but that will be through in his building process.

Thank you. Mr. Mayor, can I ask Mr. Lewis a question? I know he stood up as a person who was giving testimony. Mr. Lewis, can I ask you a question? Mr. Leonard, can I just ask Jody one question? Is is is he on city sewer? Yes, he is on city sore and he does have con. So, right now the the first condition is there's 433 Southeast Lake Circle and then there's 437 U that's um he does have to have separate meters for those because at one point in time I do believe that property was all one property at one time. Yes. Um until the city asked me to divide it in order to get this permit and that's what I done.

Other than that, it would have stayed as a whole. But I won't forget when they when I was put trying when I put in my application, they said that uh it would be more money for the city. Which one of the guys said it? I don't know. So, we divided it and they gave me my permit and that's what that's the only reason we divided it. Other than that, we could put it back together today. Wouldn't be no problem. Thanks, Mr. Leonard. My question was about you've done the driveways and you're working with the entrance and and I think you've done you know you've made the area paved to get in there.

Um what is the history on the any flooding or anything in there cuz we know the building set a little bit high above the lake. What is your what just tell us honestly what if you've had any flooding issues or anything. We we we don't have we don't have no issues. No issues. None whatsoever. Everything flows properly. Everything flow proper. Yes. And I'm in construction and we we make sure everything flow proper. That's one of my main issues on my job. What I do is to make sure that the water does not stand. Period.

And you're agreeing with the staff um recommendation today?

Yes, ma'am. Yes. because uh I have invested uh all my income. I have no more money under the mattress. I have put it all in this building. My last savings. So, and uh we also need my property and rental is low income. is actually I would say probably the lowest income you can get a room my place is equal to a room and those apartment and we furnish the water and the garbage and security we have no problem there we are very particular about what we do there very particular so we have no problem and uh we we need somewhere my family members are sleeping on the sidewalk walk in front of the building

and u that doesn't go too well with me. We need somewhere for them to lie. And it's a fact if you come by there at 2 and 3 in the morning at night, Commissioner Reed seen them. He's been there and seen sleeping on the concrete outside the building which they could be inside. Thank you very much. That's all I have to say. Thank you. Thank you, Mr. Mayor. Can I ask another question? Not of Mr. Not of Mr. Leonard of staff and and um attorney Creeach. It's okay. Creeach,

you know me all my laugh, but it's all good. Um with reg this this probably is our first under the new condition the new uh laws or conditional um use approval. Did we get back any responses directly from residents who received the notice? Did we get back any anything?

So yes, we did. Um I got quite a few uh phone calls that were like, "What's happening? What is this?" And you know, I would explain that we're simply coming for conditional use approval and and that it doesn't affect their property. And then they ask, "Why are you having to do this?" And and you know, the normal things. Um I put my letter head on any notices and uh put my contact information. So I expect to get somewhere in the range of 7 to 15 calls on any set of notices. Um, so that I did get that and I believe we also got a few um, uh, letters of support uh, especially from some of the pillars of the community, a couple of the uh, pastors. Um, and if you know that culture, that means a lot. Um, so we did get quite a few support letters. Uh, Mrs. Jody Netwick Cougler,

we're having trouble with names today. what it is. Um, so we officially received a notice from uh Walter E. Odin II in support of the project. Uh, we did receive that. We have not received any objections if that's helpful. Additionally, the CRB did vote a unanimous recommendation of approval.

Right. It's just that this is the time when, you know, we're going through the conditional use approval process. Uh, and this was new with the the East Stewart code and going through it and new for the community and the neighborhood even though it was something that was all, you know, in the code but had never been used per se. So, um, I just wanted to to make sure that we we had that. Jody, if you could please put up the um actual staff recommendation for the the specific on the board again for I'd like to make a motion. Hang tight. Uh huh. Hang tight. Oh, hang tight. Oh, you have other people on the yellow card. You're like, "Follow the card." Were those all your Follow the card.

All of your questions for staff for ahead. Yeah. So, um so the Okay. So, just do it. That's what we That's what we're considering right now. And those are the conditions that if we ever made that. All right. But go on. Okay. Vice Mayor.

Yeah. I just I Jeez. Um, Commissioner Clark, I don't I honestly I don't think this will happen again for new applicants with uh our development director. Jody does an awesome job c that that's why stuff like this gets caught. Um, my comment would be I don't think it should have taken us this long. I know I became aware of this issue probably Q1 of 25, Q2 of 25 during the zoning in progress and I didn't even become aware of it until we actually went over to East Stewart and Mr. Leonard tried to bring it to our attention um and I fully didn't understand it at the time and and even throughout the process over the last 12 months on this things that I've been told from prior staff and current staff even to get to this point is totally different. None of these conditions for approval were even brought up by the way during the zoning in progress. I will say that it was total opposite. Um but yeah, I don't think it will happen again. Um and as far as this revocable rightway permit, is this normal for the city of Stewart? Because we're going to be discussing an agenda item number eight to abandon right of way

and that's on tonight's agenda as well. Also, I was just curious if this is like normal procedure. I don't know if that's a question for Lee. I whoever wants to answer it from staff,

Vice Mayor Reed, I can probably I can help you with that. So, the uh rightaway that they're currently using is the city's rightway. Um if it's a rideway that is uh used for public access um and they're going to improve it uh they have to go through the revocable permit for uh for liability in perpetuity responsibilities and maintenance. Is is this the only revocable rightway permit for access to property or because like if he obviously didn't have it, he wouldn't be able to access his property. So is there are there other lots or parcels in the city of Stewart that have this?

Yes. Uh right behind uh T TK Gutters also has a revocable permit as well that I've been involved with with the city. So it's like normal. It is normal. Well, when it comes to like you you said it was gutters by TK. Is that Yes. Behind there there was a revocable permit that was issued um for uh the access back there as well. But they had access to their property still from Martin Luther King. This was just an additional access.

So one point of time this was all one property including the one in front that they were able to access off the main road. Um, as time went on, the the access happened along that rideway, the public rideway, and they've improved the public rideway, not to city standards. So, yeah. And do you know offhand, Jody, if this is this is the only property to where if he didn't have access, he couldn't access it at all because gutters by TK, that was a second access. I don't know the answer to your question. And I'm not trying to put you on the spot or anything. I was just curious for my own peace of mind because if he didn't have it, he wouldn't be able to use his property at all. Right. Right. He would have to improve it. Yes. Can I add on to this?

So, if you look, if you could bring up the aerial,

please.

Um I guess with the red line. So the red line's covering the driveway, but the rightway goes between Mr. Leonard's property and you'll see there's two or three, maybe four other properties that if if we abandon the rightway, the properties on the right gets 50% of it and Mr. Leonard gets 50% of it, but he's over 100% of it. So he would lose his driveway if we abandoned the right away. And the other people, the vac vacant lots, and there's one on the right, they'd have to pay as well to us for us to abandon everything, just like we're going to go through the procedure in a few moments. Yeah.

Well, a real estate appraisal would have to be done and a value would have to be assessed on the property and Mr. Leonard and all his neighbors would have to pay money to buy it basically and u he's already expressed being strapped. So, I think the best alternative is doing the revocable permit for or maintaining it as it is. It's used for parking, too. And we've had this issue come up many times along Riverside Drive. A lot of people have uh revocable permits so they could park and they they put like a little gravel parking spot on the in the rideway. So, it's something that we do on a regular basis throughout the city. But if we abandon the rightway, he's not going to have access cuz unless he buys gets an easement from his neighbors.

Mhm. Mhm. So, all right. That's all I have to say. I mean, it's unfortunate that we're we had to get here, but we are here now. So, questions. My my questions really were just about that the out parcel and more for just educational opportunity for me. This is the first time I've dealt with um

you have four bedrooms and 900 square feet. So, how does that work? You mentioned housekeeping units or single housekeeping unit or needing to be a family. How does that work with our code? Again, to to Commissioner Clark's point, so that we don't have like a future problem. How do we make sure everything's buttoned up? How does that work?

So, ult mayor, I will answer that question. Um, so ultimately he's going to obtain a building permit, convert it back to the one space, which is a conceptual design that you showed with the four units. Um, he will get a cos four rooms, right? So, it's it's four rooms, but one we consider it one density unit. um he will be issued a certificate occupancy for one unit.

So that follows with the with the property. Um a if you sell it, most people are going to ask for that certificate occupancy. So if the times have changed or if the property appraiser goes out there and does um some some uh inventory and it's changed, uh they typically try to notify the city at this point. We've been working with them on that. Um but right now he would have to demonstrate that through a building permit and then ultimately he'll receive a certificate occupancy that says one unit, one density unit. Okay.

If I may add to that, I asked the same question of staff as a part of getting ready to prep for building permit after this and I was like, well, what makes a dwelling unit? You have some some definitions in your code, but they're not overly illuminating to me. Can you give me more feedback? And uh Lou I believe put a comment in the um this particular application giving me the definition of a unit. And one of the items that was there was a designated kitchen, a designated bathroom. Um and then one other thing that I'm remembering I don't remember it perfectly is one housekeeping unit was a part of that definition. So when I used housekeeping unit that's what I was plugging into. Um, so for example, if you go back to the, if you don't mind, the current floor plan.

Sure. Um, I think maybe this will help. Um, the current floor plan obviously has separating walls, right? The walls don't really have a cross access. There's no door in the middle of any of these walls. So, because they have a separate bathroom and walls, you know, I'm not a building professional, but that's why because they're not really connected to each other. They're somewhat considered more separate housekeeping units.

Um, but that's not the only thing. I am not a building professional, but that's what I understood from the definition I was given. Yeah, sure. On that same level, I have like three questions. So, when it comes to those three units that are the lakefront type units, the newer units, we had gone and visited them and they'll have individual FPL. Um, they'll have their own unit for the FPL. Yeah, they had already answered that question. It means the electrical bill and the water bill. They'll be separated out. Mhm.

They were They're going to be consolidated into one that out, right? It's going to be consolidated into one building. Commissioner Clark, if I'm answer that question for you and I'm going to show you the proposed because but it's still considered unit A, B, and C. Go on. Right. Go on. Thank you. Give me the answer. Go on. So A, B, and C will no longer exist. It's going to be one total unit of 900 square f feet. With that the uh the applicant is going to provide a application a building permit demonstrating that it's one unit which means the new plan. Absolutely. That's the old one. Yeah, that is because that's what she has to see the old one. We have to make sure that it is the new one.

This is a conceptual drawing. I just want to make sure it is conceptual because there might be a couple things that change but not the unit not the density will not change in this unit. Um so typically this will require one meter This is going to require one separate address. We will assign a separate address to this property. Um, just for mail purposes, Census Bureau, local communication taxes, and things like that. So, we get credit for all that. Plus, your 911 database will also respond to that and know that it's unit such and such in a in a rear if they're not looking through the all four units to try to get to someone that's in the in the back.

Within our code, is there per square feet. What's what is allowable? We don't have a maximum or a minimum. We thought we How does that work? So, because you couldn't put like 50 people in in 900 square feet. So, how what is the is is there an accepted tolerance of what's appropriate professionally? That's a I know that's a you question. So when your building official will look at this, there's an occupancy load that's going to be provided on the building code from the Florida building code. Obviously, this meets

and that will have that whenever he's reviewing the plans. You don't see that on this conceptual plan, but he will have an occupancy load that he will have to follow. It's identified in the building code of what that occupancy load will be. Got it. That Okay. Thank you. So, can I ask a question on the whole structure, including the ones to the north of the where the big parking lot is? I don't know if that covers and it and the other house would for future sale of this property would it need to be considered a a full a PUD? No, you're just keep it it would as it is.

So the u if if the urban code conditional use is granted or this the uh e steward the pro this will run with the land. So if Mr. Leonard sells the property, it would still have the special conditional use on the property if it's granted. Yes, it would. It does not go away just because Mr. Leonard sells the property. Yes, ma'am. It runs with the land. So, any successor buyer or purchaser will have the rights that in theory are granted by this all of the property. Like I've seen the advertisement before that Miss Shepard had that had the entire property and this is the entire property and this is what we're we're dealing with.

If the conditions if they're pulled back up, you'll notice that 433 and 437

are addresses that are specifically notated. That is to encompass both of them. 433 Southeast Lake Circle Drive and 437 Southeast Lake Circle Drive must establish all applicable utility accounts with the city of Stewart customer service division. Applicable utility services included water, sewer, sanitation, and storm water. So, while the application was done on 433 because that's where the outbuilding is and almost all of this is uh pertaining to the outbuilding because of that condition, it would apply to both Okay. Vice Mayor.

Yes. Uh, with this conceptual plan, is that something like the building department's going to hold? Like that's what they have to do for a conceptual plan because it looks like they're moving bathrooms then, doesn't it? It's going to come back. It'll be two bathrooms versus come back. I mean, did it did it Vice Mayor Reed? This is conceptional. We asked the applicant to just demonstrate that they could convert this into one unit. um when he does the um when he gets the plans drawn by the architect um how they're going to demo the existing structure or inside the interior and then convert it back to one unit. Um that will be through the building permit and they'll demonstrate that through they were just showing you a conceptual that they could make this one unit

but it's not like a site plan we're holding them too or anything like that. We are not holding them. This is a conceptual and it was it was written like that in the um in the staff report as well as um the resentation tonight. And then whether or not what ultimately gets um whatever the architect comes up with will have to meet a single housekeeping unit definition as per Lou. Correct. He would have to meet the Florida building code and the zoning requirements for a density unit. So we're we're we are conditional upon it being one unit and then ultimately the building apart. Yeah. Okay. And and in your um resolution title, it does state that as well. Got it. That's it. Good.

Okay. Any other questions for staff or the applicant? Does the applicant wish to offer any more information before we conclude your presentation? We appreciate your time and we look forward to hopefully getting all of this done and out of your hair. 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. I do have All right.

I have Roderick Peterson. Good evening, board. Uh, I stand here to speak on behalf of Mr. Leonard, my neighbor, his family, his wife. They're great people and they've been dealing with this quite a while. Um, and I really do appreciate y'all. I really do. I am very, very thankful that y'all considering giving him some type of hope to get this taken care of. I'm full favored for Mr. Leonard and his family. Um, like I said, they're good people. They always trying to make sure the community is is well taken care of, especially on my side of the town. well community. He um just all around the family is good people and um and I truly want to thank the board. Mayor Collins, Vice Mayor Reid, Commissioner Clark,

Joby,

Joby, Commissioner, Commissioner Rich, and um I really I'm asking you in consideration to really help his family out is truly from the heart. Thank you. Next I have Frank Mcrist. A little while back I got bushwacked into being the uh chairperson for the CRB. And uh so going through this uh item, I ran across something that reminded me of the reason I got off the couch and decided to get involved with the city. It uh reminded me of the good old days of the Mike Meyer Merritt Mat commissions. Uh the review of a conditional use shall follow the procedures set forth in the LDC section 1101.11 for major conditional use review. A conditional use shall be granted if the applicant demonstrates that the request and then the four things that have to do with East Stewart CRA traditional neighborhood characteristics and qual quality qualitative design development standards. And then and then I get reminded of the commission whose legacy is paper straws. It says the city commission may impose development conditions and operational requirements including but not limited to. Again, the city commission may

impose development conditions and operational requirements including but not limited to one pedestrian amenities. pedestrian amenities in the form of all of benches, courtyards, shared use paths, pedestrian lighting, or other acceptable forms of amenities located adjacent to a public sidewalk and rideway. Number two, green development. We can impose onsite renewable energy generation, indoor and outdoor water use reduction, or green development as outlined in LDC section 5.09.00. Number three, we may impose improvements to the surrounding neighborhood. The applicant proposes to make improvements such as replacing existing sidewalks with, my favorite, integral colored concrete or pavers on the surrounding neighborhood. Require existing overhead utilities to be placed underground. Nothing wrong with that. Neighborhood open space. Neighborhood open space as provided by as described by LDC in section blah blah blah blah. and historic preservation relo relocation or a monetary contribution is made to the re relocation of historic buildings fund for historic structures as defined within blah blah blah. So the applicant thank the Lord you got a commission that doesn't resemble the commission that reminded me of this. All right. Thank you.

I have no further public comment. Okay. No more comments. No more comments. Does the applicant wish to offer any, you know, final after those public comments?

No. No new evidence, but Yeah. Yes, sir. He's right. You could put a condition. You could put more conditions. You already have three. I would say that this is not the person or the project for that type of condition. They are expensive. They are painful. They take time. I think we've gotten enough blood out of Mr. Leonard. Thank you. Yep. Okay. Now we can Oh, now we can have a motion.

Mute. I make a motion with regard to item number four, resolution number 16, 2026 as read by legal previously that we um approve the recommendation being provided by staff as to this item. on this property. I don't have the property address, but it's it's 433 Southeast Lake Circle Drive. Thank you. 433 Southeast Lake Circuit Drive. Okay. Now, you done? Yes. I second the motion and hopefully could move forward to have Mr. Lennon's family move indoors. Okay. Thank you.

Okay. So, just to clarify the motion, we're we're moving forward with staff's recommendations for approval with no additional conditions. uh just what's uh within staff's recommendation. Correct. Yep. Okay. Is there deliberation from the commission now that we've

like to comment and I agree with the vice mayor that there's obviously been errors on the part of both of the parties to this and it is regrettable that it finds it in front of us and we are we are making the effort to accommodate Mr. Leonard and I do think we should and one reason I'm comfortable voting for it is that he is also having to make some accommodation by not demolishing but I think he's renovating the structure as it currently is. So I think that's a a fair trade for both parties and hopefully the new city manager is paying attention and can develop processes that will avoid this in the future. Vice Mayor.

Yeah. My only thing is can we take a break after this at 10? Absolutely. Some jumping jacks to have comments from other board members.

I I would just like to say that I I appreciate your patience, Mr. Leonard. I appreciate you using your hands in building housing for people in your community. And I'm thankful for the flexibility within our code and our processes that we can find a way to make this come together and work out. So, uh I think this is I think this is an appropriate use of the conditional use process and and I'm thankful that we have again that flexibility and I know it's been a long long uh road to get here from Mr. Leonard and from staff. I appreciate everybody that's worked hard to bring this into compliance and make this happen.

And um you know, I just hope that you continue one way or another to make sure that the community can live there, you know, and our our people can live in that neighborhood and in this community. So, yes, those are my comments. So, with that, seeing no other comments. Okay, Mary, would you call the role? Vice Mayor Reid? Yes. Mayor Collins? Yes. Commissioner Gobi? Yes. Commissioner Clark. Yes. Commissioner Rich. Yes. And now we'll take a five minute break. That's fine. Stretch. Stretch and get back to it.

It's the same thing here. Bring this meeting back to order. Okay. So, moving on to item five, first amendment to the funding arrangement with Martin County, Rehaney Creek.

Resolution number 20-2026, a resolution of the city commission of the city of Steuart, Florida, approving the first amendment to the 2011 funding agreement with Martin County that authorized the purchase of five 51.4 4 acres of real property known as the Haney Creek Watershed Preserve, which will rescend the carveout of the 1.97 acre commercial portion of the property, allowing the 1.97 acres to be used for conservation purposes along with the adjoining Haney Creek wershed preserve, providing for an effective date and for others. We This is my agenda item and um I will like to state that Ruth Holmes helped assist with with some of the amendments to this interlocal agreement and she's also working with me on potential referendum language for for the next step. We've gone through this before. I I mentioned to you a few months ago that what we would need to do is do an amendment to it's called the funding agreement, but it's an interlocal agreement with the county that we had entered into in 2011. And when we entered into that funding interinterlocal agreement initially it was with the Martin County both of us own land and contributed to the project but it was subject to us going out to referendum and and using this two acres to pay for the rest of the used the two acres to develop into commercial purposes so that we could help fund preservation the continued maintenance for the for the rest of the preserve. We have never developed the land. No project has come forward that's been acceptable. And we've been paying for the maintenance for based on other ways uh other income. I think there's a billboard that we get it. And then just from general funds, we've had no issue. It's not a a large cost for maintaining the preserve. And so the board has asked that we just contribute the entire two acres instead of continuing to zone it as commercial

to use it and just incorporate it in with the rest of the preserve. In order to do that, we've got to amend the interlocal agreement with the county. And if they agree to it, then it would be uh subject to the referendum going out in the election. We're trying to get it done. So it'll be going out in the August 18th, 2026 election. The next step would if you guys approve this, we would send it to the county and they would put it on a future agenda for them to to agree to this amendment. And if they approve it, then it would come back to us and then we'd go out to we'd come back before you by a resolution to approve the referendum language and then the next step would go to the election. Mr. Mayor,

yes. I'd like to make a motion to accept resolution 20-26, a resolution of the city commission of the city of Stewart, Florida, approving the first amendment to 2011 funding agreement with Martin County, and as read and explained by the city attorney. Second. Thank you. Okay. Is there any public comment on this item? I have none. Seeing none. Okay.

Comments from commissioners. before you finalize it. Uh I did have small edits that Ruth and I had done after what was published. We put one in front of each of you and you'll see where there's red markings and it's just one of the whereas clauses we whereas both the city and the county desire to abandon. We don't know what the county would do. So Ruth and I um are hopeful but we wanted to remove that because we don't know what the county would do. So that's the only to refine the motion to include that or is it assumed? No, subject to Yeah, subject to the amendments that Mr. Bagot mentioned. Perfect.

Okay. Um I make a motion to accept resolution 20-206, a resolution of the city commissioner of city of Stewart approving the first amendment to the 2011 funding along with the amended resolution 20-26 as explained by the city attorney. agree with the amendment. Amended motion. Okay. Call the role. Vice Mayor Reid. Yes. Commissioner Rich, I think the No, it's fine. Okay. Commissioner Rich, no. He's changed his mind. Once the once the role begins, it has to proceed. Yes. Let's go. Commissioner Rich, no. Commissioner Gobi. Yes.

Commissioner Clark, I Yes. and Mayor Collins. Yes. Okay. So, moving on to item six, appointing a city manager and adopting an employment contract.

Resolution number 21-2026, a resolution of the city commission of the city of Steuart, Florida, confirming the appointment of Michael A. Gordino as city manager and authorizing an employment contract with the city manager and providing for an effective date and for other purposes. Uh previously you guys had approved and uh by resolution to offer Mr. Gordino the city manager position and he gratefully accepted. We had some conversations between himself and and Ros Johnson and myself as far as coming up with an agreement and terms and we have reached uh proposed terms and those terms are incorporated in the city manager employment contract that is attached to this resolution. Both Ra Ro Raz and I are in agreement with the proposed contract as is and Mr. Gardino can speak for himself, but I I believe he is also in agreement with it.

If you have any questions about the agreement, I'm happy to answer any. You have any questions? I have my light on. All right. I It's um It's 10 items in this agreement. Very short agreement. And since that time that you've um proposed this and sent it out in the package with the amount that's in the in the in the agreement, I think it's item number three or four or something like that that has the amount in it. Number two.

Number two. um that there hasn't been anything um new or strange that has occurred that needs to change this this motion this um this proposed contract or agreement with Mr. Jodino. Not that any of us know. Are you asking me? No. And I guess Mr. J is in agreement with it. If we would move a motion to approve this today. No changes. That's why he's here. Waiting. Mr. Mayor, do you have any other comments?

No. Unless you want me to make a motion or would you like to make a motion? I was just wanted to move it along. Make the motion. Okay. With regard to item number six, resolution number 21206 uh for appointing a city manager and approving an employment contract. I make a motion that we approve the um documents and the contracts as provided. Okay. Okay. I'll second the motion. Is there any public comment on the motion?

Yes, I have one. Robin Cartwright. Good evening, commissioners. Welcome. It's very exciting to be hiring a new city manager, and I know speak for many when I say this is very exciting. I'm sure that the commission and staff are working to make this transition as smooth as possible. But not to be a Debbie Downer, but I wouldn't be me otherwise. I would caution what feels like what is happening is a Dave Ross 2.0 know where certain community members are setting this up and even rooting for this to fail including some closely affiliated with the city and including some of our friends and neighbors. Speculation can be made as to why and I would hope that whatever the reason it's not really the case. However, based on comments publicly and privately made I am a little concerned. So let's instead focus on a statement that was made by some on the dis as well as by some of us as part of our public comments and even by some of us in conversations with staff. As alluded to earlier, there are outstanding items that need to be remedied in order for the city and the new city manager to be successful. On 1210, I emailed the former interim city manager after making public comment at the December 8th meeting, and I said, quote, "I would like to request a meeting with you to discuss opportunities to clean up some items that could benefit the city. I alluded to this opportunity at Monday's meeting and would appreciate the chance to sit down with you and present some thoughts and ideas as to how we can accomplish this. I would also be amendable to including Commissioner Reid as he's done considerable research into some of these solutions and could offer some insight included that is not on any code enforcement or permit files. And I met with the former city interimm city manager on December 12th. My questions and topics were many and included how to solve these issues in the hopes of mitigating potential attorneys fees and court costs if possible. Unfortunately, I feel like I was mostly placated in that meeting with reasons why things could not be resolved. I was sincerely looking for an opportunity to remove obstacles specifically to set the stage for a successful transition to our new city

manager. This new hire is a great opportunity for the city to have a fresh start. And I hope the commission will encourage a positive working environment. I'm sure you will um from those internally and externally involved with the transition so that we don't have a redo of what happened previously. I would like to think that we have learned from the past and I trust that we are all working towards the same goal to make him and therefore the city successful. Thank you. Thank you, Miss Cartright. And Miss Cartright, thank you for your role on the um is it called the selection or screening committee? She Thank you. Thank you. Okay, Commissioner Rich. Are we were we done with comments? Yeah. Was there any other

Oh, no other public comments. I thought you looked weak for this call. Um, so comments from commissioners. Yes.

Yes. So, in light of what happened with the previous hire that everyone was very enthusiastic about and which ended up costing the city and the taxpayers quite a bit of money. I would just like to add to item five. Like to make an amendment to the motion that should Mr. Grodano be terminated within 6 months of his initial hire for any reason um that he would only be entitled to two weeks of severance. I do not anticipate this happening, but again, in light of what took place and what a mess that was and what it cost the city taxpayers, I think it's reasonable to protect ourselves.

So, if he's terminated, Yes. For cause. If he's terminated for cause by the city commission. He's saying for any reason. For any reason. No. You wouldn't be entitled to severance if it was terminated for cause. That's right. Be without. That's right. Yeah. So, it would be for any reason. I'm not comfortable with that. Neither am I. Well, then it would obviously need a second. May not be subcontracted or signed or transferred. I'm just looking to see if anything like that is you're saying it's not covered in number five, six or seven except as otherwise it's covered but he would be entitled to he's remember he's starting with he's starting with 80 hours of PTO.

Uhhuh. I see that. So um no he would be entitled to what is it Mr. Bagot? Help me. I see uh 20 weeks. Yes. the 20 weeks.

Don't fire him. Pretty easy. These conversations are familiar. This is what happened with the other one.

Well, you know, we've got to put on our britches and do something at some point in time. And everybody has a part and a responsibility and accountability in this business. So, um, and if it happens, it happens. But we shouldn't, you know, I think we should just try to move forward positively and hope that I was one of the ones and Mr. J probably has watched everything. My priority is Florida. My priority is a previous experience in Florida. I think that's everybody's priority. But we also had um you know leadership and other things and ways to work with our commission, work with staff. We went through a big process. The screening committee went through a big process. We went through a big process adding people, dropping people, going back and forth. And we're here and I think that we need to um live with what we have to live with and and move forward. So, I don't know. You said you needed a second.

And uh is there a second, sir?

I also want to say, you know, it's to compare the caliber of person, as far as I can tell, who Dave Ross was to Mr. Gerardino. This is this is a a different caliber of person. And unfortunately, to Mrs. Cartwright's point, it's your good friend who is a big part of making this entire process ugly. And so I I don't appreciate even that comment from you. We are blessed that we've had him apply and that he you know it seems like every step of the way whether it was hiring Ruth or now Mr. Girardino there has to continuously be a negative cloud from you and Mr. campy, your good friend. And so I I don't appreciate it again when when um Roz moved into the interimm role had to be a negative cloud. You had to disrespect Raz. And now with this gentleman who's come here all the way, you know, under duress with what's going on at LaGuardia today, he's he's here with us. Why go there? Why ha why have to make it ugly? It seems like every every step that this commission tries to take to do something to deliver to the people who live here, it has to be ugly and and um I I just don't appreciate it. I feel like this could have easily been Thank you, you know, thank you for applying, you got the job.

We don't have to put these strange but just these

second. No, but I'm I'm going to let you have it cuz because I just don't appreciate it. It's every single time, you know, and and I was really hoping that this wasn't going to be another one of those that this gentleman could start, you know, with a positive note. And I just hope that he's not subverted as we go forward from you or Mr. Camp Penny or anybody else so that the city's best interest can, you know, move forward, that staff can heal and function properly and the city can get to work serving residents instead of having to have constant behind the-scenes drama about how the city's on fire and everything's terrible for political purposes, purely political purposes. So,

Vice Mayor, I think the mayor summed it up. Uh, I look forward to the news articles. Any other comments from commissioners? Mary, would you call the role? No, we don't have a second on that. Well, we had we had the original original motion. I was going to reread the original motion as quoted. Okay, that's fine. No public. Was there I don't think there was there was no public. His car right was public. Oh, there was Robin. Oh, yeah. Robin, how soon they forget Robin? Mary. Commissioner Gobi? Yes. Commissioner Clark? Yes. Vice Mayor Reid? Yes. Commissioner Rich? Yes. Mayor Collins? Yes. Thank you.

Congratulations. Congratulations. Congratulations, sir. if you wouldn't mind a few comments just to put you on the spot. Thank you, sir. If you feel comfortable just introducing yourself to the community, Michael Jardino, soon to be 3642 Southeast Fol Court, outside the city limits, but within 15 miles of

the city. Thank you so much. Uh to the commission, to uh the interim city manager and city attorney, the process was rigorous. It was fair. I enjoyed every conversation that I had with each and every one of you. I learned something and I'm learning every minute. Um to the citizens, um I'm Mike Jardino. I grew up in upstate New York in Rochester, New York. I joined the Navy. I had a fabulous career. I finished in Key West, Florida. And I always wanted to be a city manager in the state of Florida since I retired. Life has a way of uh taking you in certain routes, and it did. And I've had a great career. But I am grateful to be here. I am proud to be here and I'm ready to work.

Awesome. Thank you. Thank you, Mark.

Moving on to item seven. Resolution number 22-2026. a resolution of the city commission of the city of Steuart, Florida, requiring cost of living increases and merit raises for the city city's non-bargaining unit employees be subject to a separate vote by the city commission providing an effective date and for other purposes. Uh I think previously the commission had requested that we bring forward a resolution to this effect. I I think the title speaks for itself. Again, this is for non-bargaining unit employees of the city. the the bargaining units will obviously bargain separately and that would be se a se separate issue and subject to a contract but this this resolution would be subject to all non-bargaining uh employees and it would require a separate vote when budget time normally in the past it's been incorporated within the budget overall so now there'll be a separate item at budget time just for the raises for the uh non-bargaining unit staff members Okay, we have a motion.

Item number eight. U, Mr. Mayor, I'll make a motion to accept resolution 22-2026, resolution of the city commission of the city of Stewart, Florida, requiring cost of living increases and merit raises for the city's non-bargaining unit employees be subject to a separate vote by the city commission providing an effective date and for other purposes. I'll second it. Okay. Is there any public comment on this motion? I have no public comment. Is there comment from commissioners?

Aren't we effectively currently allowed to do this? Can't we instruct the city manager to say we don't want to see any raises for the employee budget in the employee budget? I mean, do we have a line item in reality at this point? I don't know that we have a line item actually separating them. This actually facilitates that discussion so that it is clear. It always appears in the PowerPoint that is uh presented by the finance director when the budget is presented. Um but a separate line item in the budget. I don't believe it is. So this actually simply requires a separate vote and the unions are

the commission say last year you spent this much money on employees. This year we would like you to hold that steady. Don't we currently have that ability? You do. You do. However, this provides a little more clarity as to the expectation and it also provides clarity to the finance director as well that it has to be a separate discussion. Yes. And it's minimal. It's a it's a nominal thing that can be done. Can it go down to an individual employee? Can the commission say this department deserves a raise but this department does not? No. Across the board it

a cola a GWI is across the board. Mayor it is dependent on the department directors who oversee those staff. So uh that's all aligned with policy in the employee handbook. So the commission would not have the ability to say this particular employee don't want to give it. Thank you. That's all under the city manager and then respectively the directors. Are we trotting I mean because it says you know it says in the the city manager's duties are to be authorized to deal with subordinate officers and employees and to negotiate collective bargaining agreements to be approved by the commission. I mean

approved by the commission. Are we getting into the administrative affairs of the city manager here to to great a degree? Um, I would offer that this is simply ensuring that there is a discussion on that specific item as opposed to getting into the responsibility of the city manager through the work of the directors. I don't see it that way. I understand the question, but it's

it's something we already vote on. We're just parceling it out. So for transparency, we have a clear discussion for the public about it. It's already something that's voted on within our budgets. We're just bringing it out for transparency. It's not a new thing that we're doing here.

I guess I'm I'm sort of seeing the budget like the consent calendar. In other words, if we wanted to, we could say, could we pull the that item out? We could do that now, really, couldn't we? But it formalizes it going forward as a practice with this commission versus just doing it one year, maybe not doing it another. It ensures transparency going forward from the commission on this item. Are there any other questions? Okay. Mary, would you call the role? Mayor Collins? Yes.

Commissioner Rich? Um, I'm just worried about Oh, it's the role has started. Then vote no. Yeah, I'm going to vote no. Okay. Vice Mayor Reid? Yes. Commissioner Gobi? Yes. Commissioner Clark? Yes.

Okay. Moving on to item eight. Resolution number 23-2026, a resolution of the city commission of the city of Steuart, Florida, declaring pursuant to chapter 36 of the code of ordinances of the city of Stewart, Florida, the intention of the city commission to abandon and to set public hearings in the city commission chambers to consider the abandonment abandonment of a 25 foot wide public ride ofway within the city located on the west side of northwest Dixie highway situated between Northwest Poinsetta Street to the north and northwest Oleander Street to the south. More clearly described in exhibit A attached providing an effective date and for other purposes. And before we get started, I just want to say that this I emailed you all and kind of gave you the process, but as a reminder, this is step one and this is a resolution with the intent to move forward. If we go past that, then we would go to step two, which would be an ordinance. So you'd have a first and second reading of an ordinance and uh if you have any questions about the procedure, we can discuss it, but otherwise we can allow Jod to give her presentation on it.

Uh good evening again, mayor and vice mayor and city commissioners. Uh for the record, my name is Jody Cougler, the development director for the city of Stewart. Tonight I presenting agenda item number eight regarding the city's intent to abandon a portion of the rideaway within the Marina Cove at Riverside development. This abandonment will this abandonment would facilitate access to the proposed town homes and single family residents along Northwest Dixie Highway. The development director received a request from Five-Star Developers Incorporated. the res representatives of the proposed development requesting to abandon a portion of the 25- foot public rideway outlined in red. The subject property is located between northwest Oleander Street and northwest Point Siana Street and just west of Northwest Old Dixie Highway. The city's public works department has determined that the use of the public rideaway is no longer in the best interest of the public and does not object to the abandonment of the city's interest. The procedures for an abandonment of a rideway owned by the right owned by the city is governed by section 36-3 of the city code of ordinance, which requires the city commission to first adopt a resolution declaring its intent to abandon the rideway, the vacation, narrowing, or renaming of any street, alley, or road, or any public rideway be accomplished by the ordinance. The city commission may address multiple actions such as renaming vacation or naring narrowing or more than one street, avenue or alley within a single ordinance. However, prior to vacation or narrow any public rideway, the city commission must adopt a resolution formally citing its intention to do so. This this aerial shows the plat of the

original Riverside Plat Park that was platted in 1925 and and recorded the 25- ft rideway as outlined in yellow. It's kind of hard to see here, so I'm just going to kind of point it out. Right here is the uh request that's outlined in yellow. And the adjacent rideways have been the adjacent rideways which is here and here and also here have been already um abandoned by the city. So this essentially is a little enclave that's no longer needed for public uh purpose. Again this this describes uh in chapter 36 how what is required whenever you're abandoning a rideway. Uh when if if this gets approved and moves forward with any moving forward with an abandonment, uh the applicant is required to pay what's called a privilege fee and that it has a um it's uh based on the appraisal report prepared by uh it's the privilege fee is determined and fixed by computing 100% of the value added to the adjacent real property of the petitioner. the value is added and is determined by the appraisal of a qualified registered real estate appraisal who practices in this county and is paid for by the petitioner in addition to the privilege fee. Uh the applicant did provide an appraisal based on that um uh it was dated December 17, 2024. The estimated privilege fee would be paid to the city is 32,600. The application was submitted prior to the adoption of ordinance number. This gives the overall site plan that's being that was approved for the 22 town homes and the uh five uh single family lots along Northwest Dixie. And if you can see the red is the abandonment that they're requesting. Again, this um

application was approved through a minor devel development plan and was submitted prior to the uh zoning in progress uh was in place. Staff is recommending approval of resolution 23-2026 and declaration of interest of abandoned certain rideway within the city limits. This concludes staff's presentation. Commissioner Clark,

just want to confirm just for the public and maybe those who haven't seen the plan in detail that um linear right away in red that you just did at the last the last showing the last slide. That's the same as the the piece in in yellow. Commissioner Clark, that is correct. Just want to make sure that people know. So, you had depicted it in yellow before, but now it's in red, and that's that's what we're talking about.

Yes, ma'am. This just shows a closeup of what the uh applicant is requesting. And this shows what was approved through the minor site plan that was um already submitted and approved by development. And you can see there's 22 town homes and then also five single family homes that will face the north west Dixie Highway. Um if you recall this project um along Dixie Poinsetta and Oleander was uh approved through a CRA grant for road improvements and on street parking. Um that was through a grant through the the state

program. So we uh the access point would not be able to be achievable along the northwest Dixie Highway as we own a portion of that and one of the grants the grant does state that we cannot have driveways along Northwest Dixie Highway. So the only uh access that would be provided would be the alleyway that um is now the city's rightway and that's the one they're asking to abandon. again they it's been abandoned um to the north and to the south as well. More questions.

Everything is positive. The impact is positive for the units and for the there's no nobody I mean it creates more access to them and nobody else is going to be denied of any access because the rightway is being abandoned. Commissioner Clark, that is correct. Okay, Jody, how how much is that privilege fee? Uh around 32,000 almost 33,000. We have not verified the appraisal yet, but they did give us a uh draft appraisal. Are there other questions from commissioners or a motion?

Oh, forgive I just wanted to point out that the applicant owns the land on both sides of the rightway. Whereas with Mr. Leonard, he only owned on one side of the rightway. So they're the only owners of the property on both sides. So in fact, thank you, Mr. Bagot. That is correct. Can you go back to the bigger map? Maybe that's good. What's the other road surrounding that that development again? It's northwest Eleander. Uhhuh. Northwest Dixie Highway and then Northwest Point Sienna Street.

All right. And just like um the the attorney says, that piece there would only be impacting themselves. So like we like I asked before, it's not going to affect the whole um street pattern and configuration because there won't be any right away there when somebody wants to, you know, do something. It's That's correct. Okay. Okay. Further comments for staff or a motion? Is there a motion?

Mayor, I'd like to make a motion to accept resolution 23-2026. Resolution of the city commission of the city of Stewart, Florida, declaring pursuant to chapter 36 of the code of ordinances of the city of Stewart, Florida, the intention of the city commission to abandon and set public hearing in the city commission chambers to consider the abandonment of 20 foot wide public right ofway within the city. Second. You had your coffee tonight, huh? That was great. If this comes back to us again, Lee, yes. This will come back for two public hearings, it'll be a first and second reading. Yes. It'll be be. Is there any public comment on the motion?

Seeing none, comments from commissioners. Okay. Seeing none, Mary, would you call the role? Mayor Collins, yes. Commissioner Clark, yes. Commissioner Rich, yes. Commissioner Gobi, yes. Vice Mayor Reid, no. Moving on to item nine. Resolution. Was that a no? It's Miss Holmes.

No. has permission is is permission to submit a comment letter to the United States Army Corps of Engineers on the notice of intent to prepare an environmental impact statement to support central every's planning project operational plan by the deadline of March 31st, 2026 at 5:00 p.m.

Thank you, commissioners. Um, as of course you know on um March 11th we submitted a comment letter to the Army Corps of Engineers on the C44 reservoir and STA operational plan. I know this gets really technical and your ears start closing up but it's it's really interesting stuff um because this is where you know the devil's in the details and this is it. this is what decides where the water is going to go and when the water's going to go there. Um and how much of course um it's not about it is not about water quality per se. Um so we submitted that first letter and this letter is um with regards to the comprehensive Everglades protection plan phase one operational protocols. But this is really the EAA reservoir. So you've all heard about that. Um the state and the federal government have put a lot of money and energy and resources um into the design of the EA reservoir in STA. And the whole purpose of it uh is purportedly to take water away from the lake that would otherwise go to uh the St. mainly the St. Lucy estuary because the Kousa Hatchee as you know needs water. We don't. Um so this is an important project. However, the core of engineers has put out there that there are three different alternative protocol operational protocols. Um, uh, one of which is not good for us because it assumes that the S80, the S308 which is at the lake and the S80 which is at the river will always be open for disposal of water. And um it's my recommendation that we point out to the core of course that that the core uh should and the state of Florida should not rely on that. Um that there are other alternatives two

and three that work out a lot better and they uh maximize flow to the south uh through the STAs to the Everglades where the water is needed and to the Kusa Hatchee. And that is the structure of our letter. It'll be similar same format as the last one that you saw. Um, and if if it works out for the board, if you know, if you approve, we'll do the same type of letter. It's not going to be as um it's not going to be as long. Uh, it's going to be a lot shorter. Um, but very important because all of these SER and non-surp projects all over, you know, from the south, middle of the state south, they're all related. And unfortunately, a lot of these bigger projects rely on the St. Lucy being a disposal ground for water. Um, and we want to make sure that the city of Stewart is known that we don't need that water. The the river and the estuary don't need fresh water. There's enough freshwater inputs from groundwater seepage and other natural sources. Um, the salinity is fine. I was just talking out um this morning to one of the volunteer citizen scientists from um Florida Oceanographic Society and they do constant uh dissolve oxygen testing, salinity testing, things like that. And um he was he was remarking on the clarity of the water and the high high dissolved oxygen which is good for fish and wildlife and seaggrasses. and he's been doing this for a long time as a as a volunteer for FOS and I said so why do you think that is no discharges that's the bottom line

and so we want to continue with that effort and this is part of it this is not just so you know this is under um the NEPA process the national environmental policy act uh under the um the administrative procedure act this is um usually reserved for technical commenting technical factual and legal commenting. This is not a place where we um talk about our anecdotal u memories of the the great water here in in uh Martin County and what it should be. This is this is a technical document. I just want everybody to understand that. And with that, if you have any other questions, I'm happy to answer them.

Questions for Ruth? I would just say that your reports, what you're coming up with is phenomenal. It really is and it should be required reading for anybody who wants to sit up here and maybe even for our new manager, right? It's just it's just fantastic the tools that you have access to these these these um engineers and it's we're blessed to have you.

We really are. city is really blessed to have you and I appreciate your your constant vigilance. you know, you're just you're incredibly valuable and I'm thankful for you and I hope you continue to be a pitbull and get after it and make sure that no matter what the decision is or the next conference or whoever it is or what's going on that our best interest in this water quality here continues to be advocated for constantly because the squeaky wheel gets the grease, you know. So, I I hope you're going to be at Rivers and you can share this because this is just fantastic. I I love hearing what you're doing. Thank you. Yep.

Okay. Is there a Is this require a motion or just a consensus? Because it just says permission. You want to Is this a resolution? No, it's not. It's not a resolution. It's just a permission for her to send the letter. We have a consensus. Consensus. We got my head nodding. My head's nodding. vote. Everybody agree? No, we don't need to vote. Move forward or is it just consensus? I have no objection. Move forward. There's no res. I have no objection. No, there's no res. We'd like to have a resolution, but if you got a I mean it's a letter, so it's a consensus. Consensus. I think we have everything consensus. Thank you, Ruth. Thank you so much, Ruth. Moving on to

item 10. All right. D and D debate some discussions. Well, I'm not doing this one. Well, did we let our new city manager know about the Rivers Coalition on Thursdays? Not yet. Not yet. It'll probably be up in New York, I would think. Jody, thank you. Um, as you recall at your March 9th meeting, you were Could you speak up a little bit more, please? I'm I'm sorry. Can you hear me now? I apologize. Absolutely.

Um, so if you recall at your March 9th meeting, you requested staff to uh try to find some history on the courthouse and what the Bright Line implementations would be and any potential courthouse parking impacts if they decide to move forward with that location. Um, that's been proposed. So, um, believe it or not, and, uh, I was able to find a site plan from 1987. Fantastic.

That showed the parking requirements, um, that at that time, um, in 1987, the courthouse was built in 1988. So, this was the beginning stage. So, it's it's kind of funny because there's four floors at the courthouse. The fourth floor is not even utilized. It's still a blank building. It's still a blank uh, space at this time. So they were credited that that square footage for that space. So they allocated 84,670 square ft and they were calculating the parking at 200 square ft which would approximately be 424 parking spaces that were required during the construction. However, in 1988 the city commission uh excused them and and decided to change the parking calculations. We were going through some major code changes and um they actually uh went ahead and agreed to recalculate the parking spaces at 1 to 300 and you can see that um was minutes from the August 22nd, 1988 meeting held for the um city commission. Further um with that um if you were to park if you were to calculate at 300 square ft you required to have 283 parking spaces. Uh we further um gave credit to the the courthouse through resolution 33-88 and this was the uh offset that we took as memorial park and gave them credit for 65 parking spaces. So that left a total of 28 28 parking spaces required for the courthouse. Now moving fast forwarding to today, we physically counted and we did try to count the spaces where the judges were um in that private gated area. Um chief did provide me numbers um late this afternoon so I can revise that but it's

it's very minimal. But if you can see the diagram um everything in the um parking spaces are true to accurate except for that approximately 25 parking spaces. If you can see I labeled the area for Bright Line which is the proposed proposal. That space right now has 169 parking spaces. Total everything today there's 334 parking spaces including the Bright Line parking area. However, if you were to give up the Bright Line or if this county was to give up the Bright Line to um or this Martin County was to give up the to the proposed Bright Line, that would leave you a net parking spaces 165. As you can see, that would be a deficiency of 53 parking spaces. So, that would be the total today. If if you were to negotiate any type of parking requirements, the courthouse would be um not including any on-site parking requirements, but it would be approximately 53 parking spaces. So, assuming Bright Line goes through, they would lose 169 spaces for the courthouse by handing that over to Bright Line, which would cause the house to be 53 spaces deficient.

Correct. Correct. So, if you can see the net, if you take that 334 minus the 169, you're at net parking spaces at 165 on site. However, um based off your 1988 parking requirements, you were required to have 218 um and you divide, you know, you sub subtract that 165 leaves you that net amount deficiency. Mhm. You get the researcher of the day award. Fantastic work. Thank you. This was not easy. No,

you put a lot of time into this, but this is this for accuracy ultimately so that the people who live here don't have to suffer for for decisions that were made without the right information. You you save the day. Thank you. Thank you. Thank you, Jody. So just for perspective, you can see the county only. What's that? Just for perspect perspective, you can see how it's laid out. If case vice mayor, did you have a question? Yeah, I just want to say thank you, Jody. Um, I wish information like this, was this presented during any of the bright line discussion agenda items? I don't believe it was

and I know this board and even prior to me getting there this question was consistently asked and I know the direction was not towards you but thank you Jody because I know it's not easy finding that information but it puts it into perspective. This whole thing was I've I've pointed it out on my uh Facebook page as well where city and county staff deliberately withheld information and presented information to the city board and the county board with different or wrong and inaccurate information more than once. And then all of a sudden the next day, county staff had all the answers and they never gave it to the city the night before. So it's amazing the whole Bright Line thing. The more you find out and the more that you realize staff was the one controlling the narrative behind the scenes with elected officials as well. It even happened to me when I first got elected. They tried to bully me in a closed- dooror meeting trying to get the third vote at the city board. by the way. So, thank you, Jody.

You're welcome. So, what we trying to figure out how to navigate I I think we should probably send a letter to county to Bright Line and to anybody that's been a party to that grant application that for them to move forward with this project, they need to be able to adequately park it. So the and we can't tell them how to do that. That's their they can figure that out. But whether it's some kind of shared parking arrangement or a parking garage, some somebody's got to figure something out so that those 53 uh county courthouse employees don't end up on on street parking where, you know, some of that we've already allotted to the Elizabeth or some of these other projects. So that they need to be self-contained. uh with the bright line in the courthouse.

U Commissioner Clark, forgive me. No, I was going to talk about the parking garage, but that's okay. We talked about uh that at the CRA meeting a little bit, but um even if if if Bright Line comes in or if the county I mean they're if it can't come in unless there's a parking garage built to meet the parking it's a matter of a location but I don't think that that's a part of their current plan.

So then you know it probably it it has to meet it has to meet the parking you have to be able to park. So if so we need a parking garage. The other thing is talking about the memorial park and talking about whether or not there's inadequaces now at the at the um courthouse. Um like I said uh earlier in the other meeting, is it time for the city to think about if it's worth it? And I know we've had consultants and other studies done before whether or not it's worth it for what the cost is to build something whether it's on this location on the Wells Fargo location or any location we can think of. We've thought about even doing a part of Kiwanis Park or whatever in the past. There have been lots of parking studies done and potential lo locations for a parking garage, but it has always been will people pay for it and will it pay for itself or will it stop people from they'll curtail maybe their visits downtown especially if it's an expensive thing. Um we know that if there's enough places to generate um people coming downtown, people will still come. So whether you're in a big city like Miami or West Palm Beach or something where they're parking public parking garages and people pay to go to them because they have other business or entertainment within those cities. The question is, is this the time when we say it's going to be important for us to do a parking garage? Whether or not people who might use a Bright Line station, if a Bright Line station is close to or within the city limits, um is this something that we look at for just to have in the city to facilitate

um our downtown um vibrancy. Jody, what do you call it within development when a project is grossly deficient in its parking requirement? How would you characterize that technically? Well, there could be negative impacts to that development. Yeah. There won't be a move they won't be able to move forward, right? It won't happen. They either have to reduce the size of the building or the use, right? Mhm. But it could be offset if you had if the parking is calculated another way if you had public parking if you wanted to which is what you were mentioning about the um

what we're trying to mitigate right I'm making sure it can be properly parked correct mitigating what problems traffic right you would mitigate traffic you would want my thought is right if you have you have that road that is behind the courthouse there you come out onto ution, right? And then you loop back down MLK and you end up you end up doing that circle. I can imagine people trying to drop off, you know, a bright line and and you you have a middle school there,

right? You have cars that could be parked and stuck in front of the middle school, in front of a park. It just seems like a nightmare. You know, the these are the kind of reasons I'm I would be concerned about not adequately being able to park essent. And you have stacking issues. you'd have stacking issues. So,

you know, just just for context within talking about a letter, you know, is um that staff has identified a gross parking deficiency of 53 spots here, you know, if that lot is is used entirely by Bright Line. And um I'm sure you guys behind the scenes can give more of the technical details of why that's important. Uh, forgive me. They have to park it, right? Yes. They have the explicit obligation to park it, right? And right now they're short. They don't. I mean, that's fine. They're going to have to fix it. Commissioner Dobby. Oh, my question is were do we have did the city own any of those space or they all belong to the courthouse?

No. Those areas all belong to Martin County. They belong to the county. Uh, belongs to the county under the They still have to get approval to park it. No, that's why. So the the enforcement would be against the county courthouse, not against Bright Line, right? Because the the county is short if they give Bright Line that parking lot. But remember, the parking lot's still there currently. Yes, that's their not in violation now. Okay. Potentially. What would the city's recourse be if if they did not adequately park it? Be a violation of the original development order if that's a site plan, right? Right. Okay. Yes.

What would the repercussions be that if they violated it? That's our county seat, Mr. Mayor. And I know that I didn't I I know that Mr. reads as he goes through all this research. But I remember when the Cheney building was being built and they were redoing that and trying to keep everything within that square footage of what the old um courthouse is, even though the old courthouse is a cultural center and just to the side of that. Um maybe if they needed more space there for parking at the time, it would have been a part of that city park that we now completely developed. But um it's it's a limited area. They do have a limited area even behind them at Sailfish. Sailfish is ours. The the county is in a con the county seat is within the city in a very constrained area.

Lee, what would be the repercussions of violating that development order? So, I don't know if she found the site plan because it's all so old. We were having trouble finding everything. So I at this point I don't know it they would be violating their development order their original development order it seems to be peacemeal back then right I mean right you describe it that way

yes so they would so t if in in normal cases you would if you're violating your development order you get a code enforcement saying that you have to revise or you have to go through some type of special approval that the city has to approve the city commission will have to approve so technically they would be uh violating their site plan. They would have to come in with a revised site plan demonstrating that they're meeting the parking requirements or where their off-site mitigation is going to happen. They're stacking the traffic. Um they would have to mitigate all that through their revised site plan.

Okay. So then is there is there agreement and consensus from the commission that we should be sending out letters uh letting the various agencies or entities know that we have our staff has identified this parking deficiency? Um should we wait to see if Bright Line even gets approved? Yeah. I'm just wondering why send it out now if Bright Line if if they wind up not getting the grant and deciding to exercise that clause in their contract with Bright Line, then the the deal is null and void.

I think if you wait until it's approved, it could be perceived as reactionary versus trying to preemptively get in front of what could be a serious issue in terms of parking potentially. Even once they're approved, it's years till the plans are even ready. I mean, whatever. I guess it would depend too if you're wording it correctly. It's just a heads up for them, not you know, we're going to, you know, especially now that they're they're in actively in a grant process. If there is a deficiency of parking, it could give the opportunity for them to correct it to amend their grant application to potentially include a parking garage or some way to mitigate that parking deficiency. Now, right?

Versus waiting, you know, for it to be approved without the parking mitigation, right? I I think the more important is how the letter is worded. Of course, I have full faith in Jod and staff and Lee and make it a good letter, Jody. Great. So, I'm shaking my head. Do we have consensus? Okay, Sean. Yes, I'm good. Okay. Say it for the mic. Okay. We don't want to be accused of not having consensus. Uh, other commissioners, I'm sure they're aware of their obligation to legally park it, but if you want to remind them of it, that's fine. Fantastic. Just send them the report that Jody

Yeah. Okay. So, so then for a letter, um, I would ask that it goes to Martin County Board of County Commissioners to the county to Bright Line and then if we can look at their grant application, uh, any parties like if it was US DOT, anybody that's involved in that process is also made aware uh, that our staff is is FC involved identified the parking deficiency. Yes. Yeah. FEC's also FC any any of the parties that are that are a part of this process please. Now the grant has been submitted. Can you Yeah, we could just can provide additional material to a submitted grant. I'd be very careful there. We're not a part of their grant submission. This is separate. Okay. But I'm

I'm sure there's a public comment period too. Yep. This is a separate letter from the city to that county. But I understand it's really the county that would be in violation of their development. I don't I think we should primarily send it to the county. That would be my recommendation. Why not send it to Bright D? I don't think the grant I don't think they care about the parking, right? I mean, if they're actively working through that grant application process, well, the county will work. Not at that level, though. Is the county's responsibility? I looked at some of the documents and you know they they they're very broad on the parking. So I don't know they got

they might want to be made aware that this current application does not could could create a this project could create a parking deficiency. We can CC them all I FEC and the feds Bright Line Martin County uh US DOT FEC and anybody else that's a part of that grant application process. Right. I am not comfortable. Uh you do not get into another municipality's grant application and potentially you do when it's in the city and it's going to create a huge parking efficiency and traffic for residents. It's on county land. It's in the city. I agree. They're going to have to come in front of us for I agree with Mr. Bagot's recommendation to send it to the county. I would not potentially throw a wrench into that grant application.

It's not a wrench. You're making sure they can adequately park the project. They're aware of that obligation. Apparently not. They didn't include No, you don't. No parking in their grant application. Okay. I think you'll send it to the counties enough at this time with surveyor, please. I support you, Mayor Collins. Okay. How about you? I support you, Mayor Collins. Okay. So, then we have consensus. All right. Uh, do we need to make a recorded vote on that, please? Sure. Commissioner Rich, the letter and listing who he wants it sent to to whom he wants it sent.

Bright Line, Martin County, US DOT, FEC, and anybody else that we find that was associated with that grant application. Okay. Clarity. Yes. Thank you. Y Commissioner Rich. Yeah. No. Commissioner Gobi. Yes. Commissioner Clark. Just on the county, so I guess it's a no. Vice Mayor Reid. Absolutely. Mayor Collins. Yes. All right. Seeing no other business, we are ajourned. Sweet market.