##VIDEO ID:SQPdw-P0TfI## City commissions 23 September uh just before we get going um if you wish to make public comment you you may not come up to the Das or come up to the platform the speaker's plat without being called so you can't come up and then hand in your green cards so you have quite you have quite a bit of time here to get your green cards in and then if you're called by the clerk you may approach and make public comment on any issue you wish thank you so Madame clerk roll call please mayor Rich yes present commissioner Clark present commissioner Collins here commissioner goobi here commissioner Reed here and she just handed that me the sheet the invocation this evening will be provided by Bor diart there it is do next time and then will you please lead us in the Pledge of Allegiance after will thank you let's take a posture of prayer father thank you for this evening and the uh opportunity to be here in this place this evening to discuss plans and future of our community Lord we thank you God that you care about our community we thank you that you are here in this room and so we invoke not only your presence but we invoke this evening your guidance and your direction I pray Jesus that as the Prince of Peace you would be that this evening as discussion is made and as Hearts share those things that are important to them we just ask you to guide and direct be with our commission be with each commissioner their families uh watch over and protect them Lord and give them wisdom and strength and health and again we thank you for them and we just ask your blessing upon them and upon this evening in Jesus name I pray amen I pledge allegiance to the flag of the United States of America to the Republic for it stands one nation under God indivisible with liberty and justice oh yeah I have a sens comments by City commissioners commissioner Reed sure I'd like to motion for agenda item 12 to be presented first and then agenda item 13 presented after that just so they can come in and leave after they present I'd also like to see agenda item 10 be rescinded for now and just wait until we do board reorganization in December I think it'd be more appropriate at that time and I'm also open to amending my motion as well okay when we get to the approval of the agenda we'll take those items up thank you um commissioner go do you have any comments this evening no comments commissioner Collin yes I had a few um um I also agree about pulling agenda item 10 um and then also I wanted to ask that we could pull four from the consent calendar for discussion uh Beyond kind of homework um Crossing feys do eyes assuming that we approve the the budget tonight we're going to have that environmental attorney budgeted so what I wanted to ask is that we could and then very near future for our new commission have uh Max Stucky come in do a d and and have Max Stucky present to give uh his insight and more context on how that environmental attorney would function and so we can have some debate I know we weren't all necessarily on the same page about that so I wanted to ask that if there was some consensus that we could again have Matt come in and have a d and because I see it as a process it's going to take some time time we shouldn't be in a rush and potentially we would have a panel same kind of a thing when we hired Mr bagot uh so I wanted to make sure that we LED that off by having Max Stucky present um beyond that I wanted to you know last meeting there was apparently some confusion I had talked about you know having bright line pay for half of the station and uh based on the 2018 settlement agree agreement and Beyond and there was some confusion from M mayor also from Blake font in the paper so I wanted to take a minute and even though we're going to be talking about bright line later while I'm still fresh go into why I say bright line should pay half and that that was and should be the deal going forward um if I start sort of using Blake Mon's article opinion Stewart's riffs over bright line and growth will heal only if people see the truth one of the things that was brought up is Blake said Collins seemed to be referring to the 2018 settlement agreement that settled a lawsuit between bright line and Martin County the city of Stewart wasn't a party to that agreement but even if it was Collins is making an incorrect assumption about what the settlement agreement actually says and ref ref to me saying that bright line should pay for half of that station so I brought with me tonight those various agreements so we could timeline through this without any confusion because there appears to be a lot so for transparency sake you'll have to take my word on it but I'm reading from the right now the 2018 settlement agreement on page eight of that agreement section six bright Line Station in the Treasure Coast that settlement agreement says that within 5 years bright line agrees to build at least one train station on the Treasure Coast following completion of that station at least two Northbound and two southbound bright line trains will stop at the station each day which I think a lot of people don't necessarily know that that the agreement that we were about to enter into only has two stops um for residents so if you're planning on getting on an evening train after you're hanging out in Miami you're going to be in a hotel so for me we'll talk about this later when we get into these discussions but that would be one of those things I want to see updated in a future agreement but construction of the station this is bright line saying construction of the station is subject to the payment of 50% of the Station construction cost by the county Andor municipality in which the station is located if such payment is requested by bright line so right off the bat bright line agrees to build this station right as long as the county or municipality that it's in agrees to paying half presumably bright Line's paying the other half and if there's confusion there we'll move down to the next segment in the event the applicable County or municipality or bright line elects to seek federal state or other grant money to defay the cost of construction of such station under this paragraph the other party shall coordinate in good faith with such effort likewise if a party is successful in obtaining grant money for any construction the cost of which is to be shared on an equal basis their payment obligation shall be reduced on an equal basis so again bright line and Martin County are the two parties in this agreement and they are saying hey if one of us gets grant money because we're splitting the cost of this station we'll also split the grant money again bright line saying they're going to pay half so this particular agreement just so we're on the timeline is November 25th of 2018 so let's Zoom ahead here to December 12th of 2023 and I am looking at the interlocal agreement regarding the joint proposal to Bright line trains LLC so this is between the city of Stewart right and Martin County with regard to Bright line again within the whereas clause on the first page it references that previous agreement so we're still continuing with the same theme of paying half whereas in November 25th 2018 the county entered into a settlement agreement with bright line where in the county was subject to the potential payment of 50% of the construction costs okay and on the next page and I know that this this was a contentious point is is there were some who said and I'll I'll use the phrase as soon as the city got involved that 2018 settlement agreement was out the window well this agreement is between the city this is involving the city and within this agreement uh section B subsection 6 the county and City agree to cooperate in applying for federal state or other grants to offset the cost of the project if the city Andor County are successful in obtaining Grant funds for the project the funds will be distributed as follows as to the train station the cost of which as to the train station the cost of which is to be shared between the county and bright line on an equal basis so within the city's own agreement with the county there's an understanding that the Station cost will be shared between Bri line in the county let's fast forward to December 20th of the same year so we went from December 12th to the 20th and what I'm looking at is our RFP response this is what the Treasure Coast Regional planning put together to send a bright line to say please pick us and in this RFP response there's a little graph right so we have submitted this with the county to Bright line saying pick us and there's a little chart in here that makes this painfully obvious even for me a mere chiropractor trying to understand all of this right who pays for what and it says train station and track work bright line County city we got three little columns here and I encourage you to go back and look at this train station and track work up to 50% bright line bright is going to pay up to 50% of the train station and track work the county up to 50% City NA a not applicable because we're not on the hook for that that's an agreement between those guys that has been consistent over 5 years this has we have matriculated through this and this is still the deal parking garage streets the parking that's necessary for this the city is on the hook for that 100% of it the costest esates in here are based on bokeh so not really relevant to get into because nobody knows what it's going to cost so those different estimates of could be 15 million could be you know so what happened how did we go from the county and bright line splitting the cost of the station and the city being on the hook for the parking to a radically different deal that in my opinion and we may not all agree in this room tonight but that needed to be resented and relooked at not completely canceled and removed forever but renegotiated so that it's a good deal fast forward to March 4th 2024 so we go from December 20th to March 4th bright line sends a letter to us and says congratulations we pick you City County congratulations and in that letter from brightline they said we pick you and your proposal but we'd like to change some things in the final deal so for five years we've been going a certain direction we've had a deal and at the 11th Hour we'd like you to tweak a few things that in my opinion were fundamentally it's a fundamentally different deal so within the bullet points of things that they wanted to change I'll read this one off agreement by Martin County to modify the 2018 settlement agreement key terms that would need to be modified include but are not limited to remove the obligation of brightline to pay 50% of the cost of the station to be developed on the Treasure Coast that's a big deal that's not a little thing that's a big deal also in the bullet point just above that and let me make a point here here one of the in Blake's articles Blake's article he said you know contractual language is specific if bright line was on the hook for it that would be very very clearly articulated well brightland thought they were on the hook for it up until March 4th 2024 that's why they asked it to be changed Blake so bullet point just above that city of Stewart commitment right fund shall be used on the design and development of the parking garage to be developed on the land right that's that's been the deal for 5 years and or here's the change train station so now it's not just that we're going to be on the hook for the parking garage or the parking we also want you to be able to use your money for the train station right because if bright Line's not paying for it somebody has to and who's it going to be the city all right so those some other interesting requests in there the right to develop that triangle parcel that to Transit oriented development this is what has people nervous Beyond just the station that there may be more to this and I'll sort of translate that into normal speak uh to is four-story mixed use Apartments um right there next to your ball fields and a couple bullet points down where it gets interesting as well and this is relevant because it's actually part of what's on our agenda tonight with the Ashley Capital um item in the event that the city of Stewart remediates the city-owned land located south of Monteray Road this is our former dump the city would agree to lease to Bright line approximately 3 acres of land at the same terms of the lease why does bright line want three acres from our old dump that's nowhere near the station right and what are the terms of the land over here for the train station that they want that three acres at a dollar a year for 80 years they want city-owned land more of it that's not related to the train station for a dollar a year for 80 years I can't tell you exactly why all I can presume is that they would hope to relocate ernston produce in the lumber yard so they could buy that and build more to apartments and mixed use at four stories over there sounds like a great deal for the city of Stewart you get to pay right you're already a Martin County resident so you're on the hook for 15 million since we live in Martin County but now you get to pay the other half of the station and deal with the parking garage in the future you get to give up for a dollar a year for 80 years that remediated land so that bright line can rent it to whoever and then they can build on that land apartments in mixed use so that was my major issue with the deal is effectively bright line in this public private partnership bright line was off the hook bright line pays nothing now in the deal that we were about to enter into if I move forward one more round to August of 2024 this sort of caps it off on the third page I'll just zoom down to uh number five the funds here that we've been talking about the county would be paying uh 15 million up to for the cost of the station the city shall commit up to 30 million and the fund should be used on the design and development of the train station with relation to the city and county we're both would be on the hook up to 15 million for the cost of the station but now the county is capped County's not paying any more than 15 million so if that station costs more right right then the 30 million that were both on the hook for now in section five the the city is committing to paying an additional up to 15 million on top of its 30 okay so just to recap this in this deal that we almost entered into I know everybody wants a station but please hear me it is about this deal the county would be on the hook for 15 million the city would be on the hook for 45 this little city would be on the hook for 45 and then in the future potentially be looking at a garage does that sound like a good deal for the city my issue is not with this station my issue was with this deal so to bring it all the way back to my original comments last time that is the context for why I said we need a new deal I am happy and I'll we'll probably go into more detail with all of our various comments at the end when we talk about bright line I'm happy to entertain a station with a deal that looks more like the deal we were moving into for 5 years until the 11th Hour when everything [Applause] changed thank you commissioner Clark oh thanks um I just wanted to say I'm glad to be back I wanted to I don't know um how the city manager I knew when when I came on the board what happened but I'm not sure what the what the role what the motus upper unda is now but I wanted to um I'm pretty sure that all the Commissioners know about the the code of conduct I think that we started that after several events uh at the city so I wanted to make sure that everybody has that and the other thing that I thought that would be good for all of our commissioners as well as our new Commissioners is um the Florida League of cities has uh several courses to help us get involved with the the statutes on growth Management on ethics there's a a mandatory ethics thing but there's a lot of other things that the leue of cities does and help to make us be um better uh government officials and um to be able to car our duties better and so I want I think that there's one coming up in October 3rd and 4th in Tampa and I hope that city manager will share that with um the the way the league of cities does it you have to at least be um new to the commission or haven't served one term yet um to get priority in signing up I think they'll take other people but they're usually having so much um so many people coming on in different communities all over Florida so they give priority and of course it costs for hotel and for registration and so on but I think it'll be good um to let for the city clerk and city manager to provide information so that our new Commissioners get as much um you know help as possible especially from the state that's always passing new legislation and always having lots of things to do that we get to learn as much as possible with our peers and to try to understand better the the the circumstances with that we're working with in our decision making um situations that we face as Commissioners um and I want again to I I I probably didn't say it clearly in the first meeting that we had for the CRA um it was alluded to but there have been so many issues going on with the CR and I just want to to thank staff especially Miss Gandy Savas for the work work that she's doing and for the for hopefully the city manager and all of our staff responding to the public on the questions that they have and I I just really want to commend them for for working and responding uh to those issues that's it okay I just have a brief comment regarding how we conduct these meetings and um it's an opportunity for all of us to learn how it uh how we go forward in a decorous Manner and so there was an issue last week and this is our weekly Robert's Rules of Order lesson regarding emotion and a second in order to have discussion and that is in fact the rule um no discussion without emotion in a second and that's for the sake of efficiency if there's no is there if there's insufficient IND uh interest from the commission to even come up with that then why proceed and why waste everybody's time but the most important reason for that really is we can't have public comment on an issue unless we have a motion in a second and so and one of the most important things we do up here is listen to you so if we put an item on the agenda and the public looks at it and wants to comment on the value of of for example involvement with FEMA in dealing with uh potential hurricane damage the least we can do as Commissioners is provide a motion and a second and allow the public to give us their thoughts on the value of that item it does not mean you're going to vote in favor it it simply means that the item is worthy of discussion and so let's all Ree going forward that that's how we should proceed and then this is just just happened today this is the charm of a small City story I got they're installing north of the bridge on Dixie Highway we're doing some improvements which we've been talking about for a long time and I got a call from a business owner this morning going they're tearing up the sidewalk and I don't know anything about it no one's spoken to me and so I call Milton we you know we haven't had a good Milton story in a while I call up Milton and he goes oh I'll drive right up there and Milton in five minutes he's standing there talking to the business owner explaining to them what is going on and um you know what they can expect and they they actually were not tearing up the sidewalk at that time but uh you know that just couldn't happen in in in most municipalities and I believe uh panal spoke with them too to clarify but it's that's a cute story but it reveals a problem we have because they said no effort had been made to contact us or inform us of you know this project and that's just not the case we' had meetings with the public up there we've done a number of mailings we had signs the electronic signs indicating that this uh project was beginning and it is such a challenge we have uh to keep keep uh the residents informed of what we're doing and um but all you have to do is call and you're going to get a response and someone um to listen to your concerns that's all my comments so I'm not going to overlook this comments by city manager this evening uh I was on September 9th the city of Stewart received a letter uh regarding Detectives pety and Jacobson for hard work that they had done in helping a uh store owner in town recover a $6,000 loss that a person had essentially stolen from him and he uh wrote a fullpage letter accommodating the efforts they went to to track this person all the way back to Michigan where they were and recover his money so I would go you know I need to recognize their hard work and thank them for that um also on Wednesday October 2nd speaking of the police um this is not my title this is theirs but it's coffee with a cop if you would like to have coffee with the cop on Wednesday October 2nd Lan in downtown Stewart will be hosting and several of the city of Stewart police officers will be there having coffee and happy to answer your questions um the last thing I was going to mention to uh tonight is also um I was going to bring up um the I guess it's called emo um from the league of cities and it's a uh program that the Florida League of cities does for uh firsttime Commissioners and it's second essentially a um a conversation or a meeting that lasts for two days it's October 3rd and 4th or 4th and 5th I can't remember which one but it's the institute for elected Municipal officer officials and um the subject matter is the municipal landscape in Florida public official liability effective Council techniques budgeting and accounting taxes and other sources of revenue and parliamentary procedures and it's a two-day program uh again it's October 4th and 5th if any of the board members are interested in attending that um please contact me sometime uh this week because obviously it's coming up and we'd need to get you registered to go I think they have it again in the spring and I can check into that if you can't make it in October but I would recommend going um it's beneficial and everybody that attends it seems to think it's a really good program um and uh that's all I have thank you so approval of the agenda so who approval with well we have some modifications here so okay bring up item number uh 12 and 13 and uh are you saying taable in item 10 correct and then pulling agenda item four for discussion yes so so we're moving 12 and 13 in front of eight nine and is that correct yes okay and we're pulling four from the consent calendar correct and then tabling uh agenda item 10 why wouldn't we pull 112 and bring all all three of those up in front then for the the family [Music] rabo I mean whatever the will of the board is that's fine I don't expect them to take too long so we're going to move 11 12 13 to be the in that order where are they being moved to in front of 8 n and 10 is that correct correct yes okay and then well we'll deal with the consent calendar when we get there um any other changes to the agenda before we have approval there was the item 10 yes and then yeah item 10 was going to be pulled so basically it was going to be 11 12 13 in that order pulling item 10 and then pulling agenda pinging 10 and um pulling agenda item four for discussion I believe deal with the consent calendar when we get to it good job okay so we have approval of the with was that commissioner Collins uh mayor I said good jobor I have just one question yes okay so just going back so there's no confusion that when we vote they must be voted in the order of 11 12 and 13 correct okay thank you considered and voted on in that order and I'll I'll second if nobody else seconded I did second second so commissioner Collins I'm you made the motion seconded by I thought it was Sean yeah I made the motion Comm read okay commissioner read by commissioner Clark it can we do all in favor on this one you can yes all in favor I I okay comments from the public on non-agenda items Madam clerk do you have any green cards yes I do I have Suzanne and Arthur maviro can they come together good evening I'm Suzanne mavo um I'm here today to request an exception to the zoning and progress regulations for active small businesses my name is Suzanne and my husband Arthur we are um owners of Remy Floren home we own the building and the business for the past three years Ry has been locally owned and operated for 40 over 40 years in Stuart and we employ we currently employ 12 people we're seeking to reduce the footprint and the cost to operate our retail store since acquiring Ry in 20 in 2021 we've experienced a decline in in sales like most businesses have recently by selling the building and downsizing the business we know Ry can become stronger and more sustainable for the future the building is 15,000 square ft and we have a buyer interested in purchasing the building and leasing back to us 6,000 square ft the remaining 9,000 square ft will be utilized solely for one individual's personal storage use we are seeking approval to install a rollup door and a small driveway in the back of the building for Access next to Ry is Publix as their trucks exit the Publix Plaza they're current currently driving over what what what what once was grass on our property but now it has become dirt due to the frequent traffic um and now nothing can and and nothing can grow there we believe adding a small amount of pavers to the area would be beneficial for everyone we also understand the reasoning behind this ruling but we believe it is not intended to apply to current small business owners we the permit we are seeking will help reduce the impact on Stewart we ask ask if you can consider a motion to review new permits for active businesses thank you for your time thank you thank you Linda K Richards good evening Linda K Richards Commander Point Circle congratulations and welcome Welcome to our new Commissioners it's my first time making public comments since you've been here I firmly believe that you were put in the position of the vot put in your position by the voters of the city of Stewart because they're fed up with the Reckless development of the previous commission I support your actions of getting a better deal with bright line and I support your zoning in progress I only wish you were sitting here when we heard Hilton true in Costco I'm here to give a quick update on the 50 acre caner cpud an Abomination is what my brother likes to call it we've been overly assured that it's all going to be fine when it is all done I truly hope it is but I'm here to make our our concerns known Miss nck nit Wick I think I pronounced that correct the head of your development office has been very responsive to me letting me know that again everything will be fine I still have not received the copy of the plans that I asked for last week and were promised of the elevation and the Landscapes along our borders um again we're going to continue to uh concerns of our concerns over the drainage and flooding of our property because it's continuing to happen I hope that in 5 years when it's all done we don't have these problems but we are continuing to have these these problems it's been very clear that clear cutting 50 acres of land and filling 10 acres of wetlands has caught headaches for this developer there's a lot of water over there and we look at them as they're making decisions on the fly but everything's going to be okay in five years we do have a baffle box anyways those are my concerns for what's going on there finally I know you pulled the item but I believe everyone has the right to public Lish a blog or pretend to be a new source as long as they do no harm however I don't believe a public representative on a City Board should be able to publish degrading comments about City commissioners I could go on for many minutes about the lies and untruths and bullying that this particular representative has published against me and others but I refuse to give the but the bully any more air time I really hope you do fine to remove this member as a representative of the city boards why anyone thinks a semi-retired developer from Connecticut is the right person to make development decision for our cities I cannot comprehend and if my Ser my memory serves me right he was once forced resigned during his tenure as a commissioner thank you for listening to my public comment and thank you for your time and service thank you Frank mccristal here I don't see Mr mistal there is [Music] iska the full armor of God um real quick you're right it's not just the training station itself Transit oriented development is a planning strategy that builds dense communities around Transportation hubs it promotes dense compact Urban form and public transport use another all another some more happy talk called 15 minute cities an urban planning conet where work shopping Education Health Care and Leisure can be reached by a 15minute walk bike ride or public transit ride from anywhere in the city some good examples of these 15minute cities in the United States that are given are Portland San Francisco and Minneapolis towns where those who can't afford a car congregate and defecate on the sidewalks how walkable does that sound to you this walkability thing it's got to be laughed at once and for all we're never going to be Carmel California we're never going to be Newport Rhode Island we live in the tropics no one wants to walk anywhere 10 and a half months out of the year so please stop to the new commissioners thank you and I apologize for the county and your city Compadres that seem to treat you as ignorant Rubes that need to be educated you're Pioneers in the fact that you do this you represent you went out and talked to us and you represent the people of Stewart okay not just the finest of people who had been running the show before then so thank you carry on my friends thank [Applause] you I have Lucy Maguire good evening Commissioners thank you for having us here tonight um and listening to us unfortunately I do have to leave in a few minutes and I will be watching online as soon as um my next commitment is over but I would like clarification on what has been spent in regards to what you had mentioned um commissioner Collins what has been spent on the rail construction um as to what the proper rail needed to be put in place for the bright line in order to come through this area so in clarification of what you said we were responsible for 50% of station and rail construction costs but what money has actually been spent to bring up our rail to the point that it needed to be for bright line to come through which is already coming through our area I feel like that's a very important thing it was missed out I appreciate your comments on clarifying what your stance was and that you do want a station but I think we need clarification on what's already been spent and was that split by the city or Andor the county I I would like clarification on that um hold on yeah uh so I would like and then I would also like to know what discussions have been made in the past two weeks to renegotiate this deal um I feel like that is an important thing what has been done in the past two weeks in order to move forward with this deal and find a better solution for us I feel like those are questions that need to be answered and um I wanted to make sure that I had an opportunity to say that so thank you again for being here and for answering our concerns thank you thank you thank you I have no more comments mayor okay so moving on to the consent calendar Mr Mayor I'd like to make a motion that we approve the consent agenda pull in item number four correct okay that's it we have a motion by commissioner Clark pulling item four and a second anyone I'll second motion second by commissioner giobi all in favor roll call and public comment commissioner Reed this is to pull for discussion correct no this is one two this is one two three five everything but four you're yes I'm sorry we need request I'm sorry do we have public comment on this we need public comment no we don't have you need to ask for public comment is there any public comment on the consent agenda pulling item four we have one in the back one there's one that's um not for consent calendar was it for a particular item I'm saying I'm submitted a green card for a comment but I wasn't called on I there are other people too we still have several up here according to depending on the agenda item that you put it under which item did you want to address right L okay so that's the number 12 the 14 I think right that's that's the last oh they're going to call me yes we haven't gotten to those items yet yeah stay tuned good luck so see none roll call please commissioner Reed yes commissioner Collins yes commissioner Clark yes commissioner goobie yes mayor Rich yes so Mr bagot will you read item four for our consideration please of course Mr Mayor resolution number 96202 a resolution of the city Commission of the city of Stewart Florida extending the due diligence period at the old city of Stewart landfill from September 30th 2024 to March 31st 2025 providing an effective date and for other purposes do we have a motion a move approval of the resolution number 96 d202 we have a mo motion by commissioner Clark do we have a second okay motion fails for lack of a [Music] second what was it pulled is is there is there something I don't really you pulled it but you I asked for yeah I pulled so this was um can't discuss it unless there's a second second right I'll second it okay thank you sorry I was reading something at the same time okay is there any public comment on this item do you want to do a do you want us to have any presentation there is absolutely Representatives here I see right there you like to please step up to the microphone sh good evening Commissioners thank you very much for having us this evening we appreciate the opportunity we realize you have a very busy agenda but we do appreciate your time um I want to start off by first acknowledging a couple of my team members that are here today uh Ryan Bloss is our director of Leasing and Mark Quimby is our development manager for all of Ashley capital and leads all of our Brown field development um we also have Morton who is our principal and founder of Ashley Capital here with us this evening we put together a brief presentation um if it is okay with you we'd appreciate the opportunity to collectively uh give you an update on what we've been doing and um then we can answer any questions that you may have I also want to just thank staff thanks to Mike and Lee and your team they've been really really kind and generous as we've worked through this project for the last year and to everyone that's here I just want to thank you in advance for your patience while we um just do this brief presentation as we've been working on this project for a year so with that um I think the presentation's going on the screen okay and that's not me's now I don't know what's your [Music] presentation we are yes thank you very much so I'd like to start off by um giving you a little introduction to our company um we have some slides and I'm just going to turn a little bit because it's a little easier so I can follow along with you all um our company has been around for 40 years was founded in 1984 by two principles as I shared uh Rick Morton is here today he is one of our founding principles we are one of the largest uh privately held real estate Industrial Development firms in the nation um our main goal and what we do is we acquire underperforming Assets in real estate um to develop for a tius and best use there's two types of properties that we acquire uh we acquire what's called Greenfield sites and we acquire what's called Brownfield sites So Greenfield sites are sites that we identify with a vision um land that is uh underutilized and we see a vision for long-term development we also acquire properties that may have some entitlements that have never come to fruition or Antiquated subdivisions that can be um transitioned to a highest and best use and then we also uh develop Brownfield sites we remediate we reuse our company over its lifetime has uh built millions of square feet and uh hundreds of Acres of Brownfield sites and Mark will talk about that a little bit when he comes up our current real estate portfolio is across Six States we have over um 60 buildings as you see with 40 properties and 32 million square ft and we are nationally recognized year over-year as a top 20 owner operator developer and Property Management so what's different and sets us um apart with maybe the standard development is that we own and operate our properties we we don't share and and we don't sell um when we invest in a community and we invest in a a property we're we're all in we're there for the Long Haul we acquire and we enti and we uh site plan and develop we lease and we property manage so when we make an investment we are 120% committed to what we're doing in our Partnerships in a community so next slide about the old city of Stewart landfill I just want to for the folks at home are here today that may not be familiar with the landfill um there is a a visual there the landfill is uh 50 acres it sits on Montery and Montery Road Extension behind the crematorium next to the jail and behind the fire station it is centrally located [Music] in they're all going to blow up like shall I continue what is it an amber alert so Weber alert on phones oh although last week um so it's Cent located in in the city um what's wonderful about this site as you can see the the purple line is is the Morty bus route it's centrally located between different points between the Morty and it's also a one M bike ride to 10th Street so it has great opportunity for employment opportunities so I'm going to stop and I'm going to ask my colleague more Quimby to come up here um and go through the city of Stewart landfill some of the due diligence and his expertise and and then we'll finish off thank you Jill and thank you for your time uh my name is Mark Quimby as she said I'm a development manager with Ashley capital I have a long history of developing contaminated land and that's what my focus is at Ashley Capital can you speak up sir yes sorry um so briefly the the landfill what's important here is that Martin County relinquished control the landfill in 1962 uh to the city in 1980 it ceased operations and it's closed to further dumping and disposal in 1987 since 1987 the property essentially has been vacant Stuart uses a portion of it at the moment for a yard transfer station or location uh it's only on a small piece of it but what's really important here is that the city is liable for the closure of the landfill they're considered the liable Party by the department uh and environmental work is ongoing and that is completely at the city's expense so what we wanted to do ising briefly go over the due diligence timeline because I think it's a reasonable question to ask us that if we're asking for an extension what have we been doing right um this is the second extension so the first extension was or the first letter of intent was approved in October of 2023 the purpose of which was to give us the time to to basically build a team and figure out what the kind of timeline was going to look like to figure out the the nature of the landfill there hasn't really been a lot of study of the landfill environmentally speaking there's been very little testing done uh inside the the bulk of the landfill except for small pieces of it related to minor issues but it hasn't really been fully characterized and one of the largest challenges when you're trying to redevelop a landfill yes there's the environmental concerns but there's also the structural concerns right like how do you build on a dump and there are tried andrue ways to do that but you need a substantial amount of study to understand what to do and what it will cost so our goal and what we've been planning and working on since we started on this project was building a team and one of the things that happened as well as we worked with the Treasure Coast Regional planning and they agreed to support the project with the grant so they helped us with some of the environmental study costs while we then worked on uh funding all of the civil engineering costs the environmental attorneys the geotechnical engineer and the survey work then in April once we kind of got a handle on what we needed to do we asked for another extension request that brought us to where we are now and the goal of that extension request was to get us through the due diligence like actual physical testing of the property which we've been working on throughout the summer now the reason why the request took us to now is because the goal was to get a handle on how much time we would then need to analyze all that information and then you know come up with an actual plan and cost estimate which is why we're here now today so we completed the phase 2 study we completed the geotechnical study those reports are not finished yet but they're being finished as we speak we thought they would be done this month it looks like it's going to bleed into the first of next month which is why we're asking for this uh request for extension um what I wanted to do was just kind of show you some context so what this is showing you is what this is all the work that we did over the summer so we did 45 borings we did 20 test pits 16 groundwater Wells 27 Vapor Wells two surface samples the point that I'm trying to make is that it's a complicated site and the only way to know what to do with this site is to collect a lot of information and collect the right information and that has been our focus and that's what we've been working on and so going through this this takes us to this next slide which is so what's next right so we're asking for an extension of this uh due diligence period through March of 2025 because it's important to understand is what this agreement is giving us basically exclusive rights to the property but we haven't actually come to the final agreement with the city in terms of the purchase of this land right this is just giving us the Assurance is that we have enough time in sole rights of the property so that we can make these Investments figure out what the plan is figure out how could we develop it and what would it cost and that's why we're asking for this time because if we don't have that we're not obviously like we can't it doesn't make sense for us to spend all this money and then you know we don't even have any rights to it um we also agreed in all of our agreements that we're going to share all this information with the city so they're going to get copies of all these reports as well um and what our plan is to take these next roughly six months is to evaluate all this data determine what the best approaches are because there's going to be multiple choices we're going to have to make how what is the best most cost- effective way to support these buildings that we want to build that's a detailed analysis we have to do some pros and cons we have to analyze that information and come up with a strategy and figure out what the ultimate cost is going to be so that we can then figure out what the remediation Redevelopment of the property is going to look like at this time we've also been uh we've already engaged with d but but we're going to have to continue to negotiate with them on what the Redevelopment framework is going to look like we're also going to have to continue to understand the city closure requirements and how that would interact with our development and negotiate the actual purchase agreement with the city all these things still have to happen but what we're asking for as extension is just to allow us to continue this process so but by the end of this period our hope is that we can have all these issues resolved and get into a purchase agreement with the city so that's what our plan is and why we're asking for it and then a couple we only have a few extra slides here and the main thing is like well why develop the landfill right right now it's vacant there's no jobs no tax revenue no no economic impact you have an unclosed landfill that's adjacent to Residential Properties and the city's responsible for the closure of that landfill and they recently met with DP we were invited to that meeting because we've been kind of like working hand inand with the city and trying to understand what the status is and the main message from the D is the city's not as close as they would have hoped to close this landfill this Redevelopment that we're hoping to achieve is going to bring jobs new taxes Revenue environmental impact and it's also going to help get environmental closure because the city can leverage the data that we've collected and they'll also eventually be able to leverage the development as part of the landfill cap for the closure so what we're really looking for here is a win-win we're not trying to uh do anything but sort of like make the property useful um and really at the city's benefit and work with them and partner with them on the whole development process um so I think Jill you wanted to come back up and uh briefly talk about you know what we're were planning on doing thank you Mar so just um a little bit more information to close this out um I'm a resident of Martin County for over 22 years I served as your Economic Development Le on for eight years while I was at the business development board I'm a founding creator of the business accelerator program that helped many of your city businesses um in tough times and and Bill West I think is still here um who was also involved castronova chocolates got their second chocolate mixing from that program and so I've been involved with the city for a long time I know it's market and I believe in it and and I believe that we have a great project here and a great Pro uh partnership um just some landfill reuse market demand numbers for you to take with you today um currently if you go on Coast St a loop net there is zero space in the city of Stewart for um size range of 5 to ,000 square ft you can see a conceptual rendering these are smaller buildings that would fit a mid product size small to Mid product and that is what we envision it goes to the market demand of your average lease size of 7300 square feet in the two zip codes surrounding the city of Stewart and neighboring Stewart you currently have a vacancy rate of 3% that hovers um but 3% is low there's uh there's no inventory uh to help businesses grow and expand in the community here uh provide modern space options I'm sure you drive around your community often you know that your buildings are aged um 1970s to 1990s is a lot of the building footprint it gives an opportunity for modernized facilities in your community and it gives opportunity for others that may be starting out startups and entrepreneurs to take a space that is little older and doesn't have as high demand and also just to note 97% of the businesses in Martin County and that also goes for the city of Stewart there's very little differential have less than 20 employees and so there's a demand and there's always been a demand for our flourishing entrepreneurial market so the community benefits these are usually the most important right um you know as an economic developer a former economic developer we think it's really important to to raise the community up um currently the city of steart has a 13% poverty rate quality jobs and diversified jobs will reduce your poverty rate unemployment rate hovers at 3% seasonally it goes higher everyone knows that um we know it with Diversified quality jobs we can reduce that number as well out commute 70% of your labor force outc commutes for work each and every day you have a very talented Community but they're out commuting because there's not enough div diversification in the jobs that are here another statistic is your medium individual income is $39,000 it's less than $19 an hour and so this is another way where you bring in employment and Industrial uh industry diversification to raise that median household income for Quality families and then lastly you have a lot of uh Talent pipeline development going on in this city and in Stewart you've got the new Boys and Girls Club in East Stewart you've got the project lift um facility coming on board you have the Reach Center at the airport all of these tie in nicely to what we're looking to do um for Partnerships between industry and talent pipeline development of your residents and then lastly why us it's a complicated site there isn't anyone in this region that can do what we do and I stand behind that I'm not uh able to say that I've been part of the the history of Ashley capital for 40 years um but I've been part of the company for 2 and a half years they have been selected by uh the GM trust to revitalize uh projects Mark is overseeing the revitalization of 300 acres in Michigan the form of Buick City we're the partner that you want to take this underutilized 50-year-old contaminated site and bring it into the highest and best use and so we ask for your consideration for the extension today um and we look forward to working with you and being part Partners in the long run on this project so thank you for your time um I'm pretty sure we have some questions for you okay commissioner Collins uh less questions from me and just more statements but um for me I would I appreciate the unsolicited offer for you guys to want to investigate this and and make it highest and best use but for me I would personally like to not go f deeper into this direction and is because that land for us saves us hundreds of thousands of dollars every year um most people don't realize but whenever we come by and collect your yard waste that has to go somewhere we don't just take that truck and drive it out to okachobee that yard waste goes to this location and dries out before It ultimately gets transported and that weight difference is amounts to hundreds of thousands of dollars every year also that land uh potentially could be used to store garbage trucks right that's without offending anybody because of what's currently there so instead of going any deeper into this direction and having you guys incur any more expense um for me personally I would you when we vote I'm going to be voting not to renew this um to um not go any deeper into this um because I don't want to sell this land I don't want to give up any of this County property that today may be underutilized but as things evolve again it saves us a lot of money each year but we may find over time that we might be able to utilize this more so those that's really for discussion so are there any questions of the applicants from any of the Commissioners no commissioner Rich mayor Rich yes commissioner re uh basically it's just it's an extension for them to do their due diligence though whether or not we're negotiating to sell it though it's mainly the applicant just looking for an extension for due diligence so we're not negotiating this or that or keeping some of it for the city or potentially selling it all it's just due diligence too to know what's you know contaminated on the site if you don't have a specific question that's really discussion so I do have I do have one then um did Ashley capital or any of the Consultants with Ashley Capital have any discussion with bright line about the potential three acres that they were asking for at this site I I can tell you that the day after we received the letter on March 4th I contacted bright line and told them that that was not available so that's never been on the table correct but prior discussions before that letter were there any where bright line had reached out or you guys had reached out to Bright line we've never talked to Bright line um I did have people ask me about um Ernest erneston um but we've never talked with them either you know people have just talked about it chatter wise because obviously it's in the city and what will happen there but we've never had those conversations okay and we do not develop residential we do not develop office we do not develop multifam we are industrial developers we have no interest in taking a formal landfill and having anything to do with any multif family project that's not something that we would engage in a discussion and were there any ties with Ashley Capital as far as any Equity Partners in the company that may or may not have donated uh donation money to any elected officials that were running in the city or the county in this uh primary election in Martin County I I'm not understanding question was any donation money given to campaigns for candidates that were running in the city of Stewart or Martin County and August 20th 202 before election this year yes I believe my boss made a a single contribution but I don't have a I don't have a log so I apologize I can't ask answer that in its entirety okay thank you you're welcome uh commissioner go yes hi thank you and when we met you um alluded to the fact that this extension would also you thought would lead to the renegotiation or purchase of the property okay so I just wanted to make that clear that their intention is certainly to purchase the property it's a lease we we don't have a um we don't have any letter of intent for purchase or lease right now we have a a due diligence letter of intent um yes it would it would be our long-term objective that we would acquire the property and develop it that would be our end goal did you read it commiss CL than you no no comments so just to be clear been with this a long time and I've talked to them extensively we'll get discussion just look at the I sent you it is not your plan to create multif family housing here and in fact that really would not be no said that possible nobody said that no we would not do that right okay it's for industrial if I remember correctly it's just industrial correct do you have some idea of what taxes the city could generate from the site if it were developed so the county millage is um a little over I think the city millage is about 18 and change in total and so basically that's $18 per th000 valuation um you know I don't know the numbers today because we're not building anything so I don't want to be quoted but you got to think that um spec development at this point is anywhere from $60 to $80 a square foot we think that we can get about 400,000 square feet on this property and four or five building so it's quite expansive the amount of tax revenue and then second to that is when you have um industrial businesses and Commercial businesses that occupy space they also have tangible personal property so industrial properties do not get Homestead so there's no Homestead valuation to that there's no cap and then tangible personal property is also taxed um at the full rate of real property and there's no cap on that as well other than the first $25,000 exemption so we feel like you know the revenue would be substantial that would probably offset your tree debris yeah that we could help maybe move somewhere but that's just our opinion okay so thank you um is there any public comment sorry one more time you have a question of them or okay yes actually forgive me okay um is your intent to you acquire Brownfield and Green Field sites is the intent to acquire this site yes purchase yes Absolut right because there was some confusion whether you might lease or not you want to purchase this property that would that's been the goal from day one is we would have an interest in acquiring this property so can I make one comment just one quick little oh we'll go to discussion fine if you're thank you thank you thank you so there's no public comment on this so discussion so if the intent is to purchase this property unless we are looking to sell this property to Ashley Capital we are causing them to incur more expense and be more invested into this so unless we don't want to unless we want to sell it we should not extend this further and commit them deeper into this that' be my comment any other comments no M CL you have any questions or comments no there's a motion and a second yeah there is a motion on the table and the motion was to extend it so who made the motion do you have a comment I do mayor Rich okay um I'd like to see what the motion who who made the motion you uh commissioner Clark commissioner Clark if maybe you were willing to uh amend your motion to include any campaign contribution canceled checks to add to your motion and who they were paid to the motion was actually just to discuss there was no official motion okay than to discuss well it's a motion for approval no it's a motion for yeah cor it's a motion approve this correct and I was just saying discussion the the resolution 96 2024 as uh presented and as as um the staff has published their uh so he's asking recommendation he's asking if he can amender I don't see the no I don't I don't I don't think I don't think I need to why why does that why do we need to I think it's something that I'd like on the record just so it's there in order for me to support this for the due diligence process that's all I'm asking for well it's on the record already there are campaign contribution reports that you can see and you can know if anybody has received a a contribution I know that in the past years uh I probably received something from Asher capital and and a lot of other different people I don't know about why um the August 2024 why it would make a difference um I just I I I mean if if it if you're saying that it should Mr help me please Mr bagot how do we attach this to the staff report Mr Mayor what may I well I'm sorry I was talking we we normally don't actually have um any campaign conversations on at all sir so this is kind of a um gray area for us at best I mean it could always be brought up it could always be brought up on commissioner comments if you feel it's your main to to this decision um mayor Rich may I yes it just makes my job easier if I have it in one central location instead of me having to go look through reports for candidates to just find it if it was just in one email that's all I was asking for thank you I'm happy to have staff um pull it to just Martin County is what you're looking for like all of the campaigns in Martin County city of Stewart Martin County right well I was going to do Schoolboard Martin County like yeah okay I can get that for you and that would be separate from this motion to extend the time are we still doing comments do we have a second on the motion have a and has the resolution title been fully read yes thank you commission goob do you have comments well I I just wanted to say I think it's unfair to have a Capital go forward if we have no intention of selling the property I mean just from a financial and a moral sense why have them go forward expand their monies when we have no intention of selling them the property right and I would assume if they're doing all of that they're certainly not going to give us the reports if we're not selling them the property this Mr Mayor yes commission this is something that started some time ago and they've been doing the studies they've had two two bites at the Apple already they're just asking for additional time and that was with the intent of the city you having this landfill that has been sitting there a long time except for the fact that the county had taken a portion uh for the sheriff department uh and I don't think that they took a portion for the um for the for the swim swimming era because I think that that was already clear but this part for the city has been there as the quote unquote old landfill and this was a an intent on the the commission that had originally started this discussion with Ashley Capital that they were going to be working and if they can find a good legitimate use for it after doing all the Environmental Studies they had agreed that they were going to put the time and effort and money into it and hopefully we would also not turn coat on them and let at the last minute say no we're not gonna let anybody use this property and deal with this brown field dealing with brown Fields is a big issue throughout the United States and to have somebody wanting to do something with it and to do light industrial and something that's not going to um create any additional negative impacts in the future and go to tell us what is happening with the land I you know I there is a way to do things and to work and to compromise and to move forward without thinking that the whole world and the sky is going to fall in and I really think that we owe it to if we've started to work with them in this manner and they're doing their best efforts to find an answer and we're going to con we should continue to work with them find the answer and work with them Mr Collins so just just business here just dollars and cents there I cannot see how this property in terms of ADV valorum right is going to produce more than the hundreds of thousands of dollars that it currently saves Us by having that uh yard material uh break down there uh that that material is going to have to go somewhere and right now it doesn't offend anybody it just sits there it's not close to somebody's backyard it it goes there it dries out and then we take it to okobe there's a potential that that could be if we get industrious we could have it be compost material for people with Gardens and things that I'm saying that selfishly because that's what I'm into but it's going to cost us more and we're going to lose the land and any future potential as well from a business standpoint it does not make sense to sell this property because it's going to cost more in terms of having to store that somewhere else or take it directly out there it saves us again hundreds of thousands of dollars by having that material dry out before we take it to oobe thank you Mr CLS Mr Mayor C can is is it possible that Mr um bagot Mr Mortel and miss morasa and Mr um Mr M I can't think of what Mr Ash the capital's last name is but um uh is it possible that when they come in with their if they we do allow them to to get the this analysis done that they also include an analysis of what um what either cost savings or expenses it would be if the city doesn't use it for any purposes that the city May or could use it for um that they they kind of include that so that we can make that a part of any future discussion if we need to is that what you're saying Mr you're you're I don't think we should cut it off already we know what that property saves us we don't need an analysis for that we know how much and that anal our guys know what that we don't you you haven't made the calculation of what taxation we would realize so all you're showing is the debit you're not showing the credit it could well exceed that but you haven't bothered to make that calculation so that seems on 100 what's what's adorm sure you can come up with a couple hundred thousand what's that what8 million project at that level it would have to like a78 million project can speak thank you Mr hi thank you Rick Morton um these are Ballpark numbers just as commissioner your your estimate on the the way savings is but a140 a foot for the real estate taxes on$ 400,000 ft that's $560,000 typically you'd have equipment that's taxed equally again just not promising anything but if you want a bigger than a bread box kind of number um so you're looking at something over a million dollars are you willing can I ask question you may ask would you be willing to carve out of this parcel enough room for us to have space for that hurricane debris the hurricane sure that that we we could try and figure that out to be able to store that's what this is effectively it's hurricane debris for yard storage and a lot it is so that waste has to go somewhere Am I Wrong has put the hurricane debris there anytime there's been a hurricane in the past right I'm no expert of it has to go somewhere agreed Martin County takes it out to 714 to 995 it's further away from um homes you mentioned it's not close that's not quite true I mean they're homes right on the the east side right if you have a fire but they came after that dump was already there that's you understand don't disagree but the city you know part of part of what I from my perspective you're overlooking is the city's still liable in furing the chain of title period and I agree with you I'm sure it saves some money but going out to I 95 and 714 is not that much further that's where the Martin County is doing uh the weight more than the drive and the gas it's the weight of the material before it's dried out that's the cost savings is by the time we take it out there it's dried out the idea that's the difference in the cost savings but my point being that sir it's not that much further to take those extra five miles to 714 95 which is where the the county does it but the the other thing that you should not Overlook is the city is in the chain they're liable at this point if something happens the neighbors get sick you know that that's that's kind of what we do we're not perfect we don't have all the solutions we don't have a magic wand but we know how to deal with these things we know how to cap it and turn it into something productive so I understand your point there's a perhaps some extra cost although I would argue that an extra five miles it's not going to change that much um and it gets you out of the liability chain it gets you away from the the debris Catching Fire smoking whatever that's you know that's happening in Port St Lucy as I'm sure you're aware so anyway I I don't mean to promise those numbers because it is what it is and it may the size of the project may be reduced particularly if you want some space for a hurricane mhm debris that's you don't know anybody more reasonable than me I'm just a redneck from Alabama kind of made good and and I made good quite frankly by being reasonable I'm not as smart as anybody on that panel but I'm a reasonable guy and I can work things through thank you commissioner goobi yeah I have one question U when I met with Joe morasa any of you could answer it when we met you said even after the sale the city would still be liable for any contamination underneath on that property that was my understanding um I'll answer that it it it it's complicated right so like the the way it would work would be as part of the negotiation of the sale we would have to work out with the city the terms right now all things being equal um it's joint and several that's Florida law so like we if once we become owners we essentially also become liable and then so and but you're still there too and so then it's a question of who's standing in front of who and that's all part of the negotiation and the one point I'll make is that if if if it was truly the commission's like hard and fast desire they never ever want to sell this property I I would want you to vote no because that like what would why are we doing this right but to your point about being you know being kind with our money which we appreciate right is the idea that we've already spent most of the money most of the money was on the study side all of this field work that we did the amount of money that we need to spend between now and what we're really talking about the thinking side and the it's it's it's a much smaller percentage of the overall funds and we want to know what the city's concerns are right we want to know about the transfer needs and how much acreage you would need to make how much are you actually using how much would you need is there viable Alternatives or not those are all things that we want to work with you and be reasonable and try to figure out a deal and we may come to the end of that and there may be no deal but that's different than saying there's never going to be a deal and that conversation is dead now and that's and that's that's really our position is we know that we're going to spend money between now and March but the amount of money that we're going to spend is a small percentage of the money we've already spent so we're sort of like we're already in it to win it and so why that's why we're asking for this extension because we understand the city's going to have concerns we haven't even negotiated a price yet right or the terms of the liability there's things we have to work out with d this is a very complicated site but regardless of what you do with us and what you do now you still have a closure obligation with d that is unmet and there's information that has not been collected that will need to be collected there's things about the cap that need to be like resolved that aren't resolved so there's a lot of things that need to be worked out that's why we're asking for this time and we would obviously work with you and try to figure something out because yes we do want to buy the property or portions of the property or whatever but we can't even figure out that deal if we don't have this extension mayor commissioner Collins so we're asking from natam March for the extension I feel a lot more comfortable with Mr Morton saying he's willing to carve out potentially I know we're not negotiating exact details of a deal but that we could potentially carve out land for that debris um from one of your lips if we get to March and we're not happy we can't seem to come to a deal or whatever are you are you considering us more exposed by taking this next layer and um do you mean like did we of extension if we get to if we get to March and say in terms of liability yes no your liability is the same now as it is then just from your lips right all the information we've collected is going to be public you are more invested into this if we get to March and we're like we can't we don't want to do it we don't want to sell it yeah liability is all ours right now stop well I mean it I mean he's saying is factually true right like you guys are liable if you're talking about the environmental contamination yes you are you're putting more money into this property is what I'm saying in terms of testing so sure sure we've put we we don't anticipate doing a lot more ground testing between now and March it's mostly on the Consulting the estimating side the engineering side really trying to process that information which is why I'm saying I appreciate that right like I don't want to waste money but like we're we're at the point that we don't think that we feel like at the end of this period we would be able to pres to present what we want to do and negotiate terms with you okay I feel comfortable with that thank you thank you okay I need to I need to men something that said one of the things about doing these is the cost are $10 a foot $20 a foot higher so to your point in terms of the economic trade-offs at least short run it may be very close maybe even a slight negative because we will need some degree of Tiff or some some something to make this happen it is extraordinarily expensive to do these kind of things so I when I'm tossing out numbers as to what it could be that's a long run number to be fair it's not U doing these things doesn't come without a cost whether you're doing it or we're doing it it cost can cost millions of dollars to close these things so I I don't want to I don't want to fool anybody that the money starts flowing in the day we construct it it doesn't doesn't work that way it we we would need help U some sort of something to to get it built so just didn't didn't want to leave you with a erroneous impression thank you okay um you know so this has sat vacant for 37 years producing no income for the city not being built on so that jobs and businesses can be created I think we've been and I've had discussions with the city manager I think we've been negligent and we owe the citizens of Stewart the obligation to get a comprehensive knowledge of what is there and what environmental hazards may or may not exist legally we have we are fully liable for any problems that may result from this so the the ability that to partner with this very experienced group and understand what challenges there are is a unique opportunity and this is the second group that actually has has has taken a look at this Brownfield the first one I was not happy with at all and they backed out they're obviously very conscientious they're doing a very good job and all we're agreeing to do right now is learn about this site and what what is there um if in the future we want to do anything we would have to we basically have to go back and start from zero again with somebody else um otherwise we would be unable to uh develop it because we have to gain knowledge of what's in there and uh we're very close here you're only asking for March correct um the majority of they've incurred the majority of the expenses I just I to not let this get to uh come to a conclusion I it to me would be negligent on our part and uh I hope we can I hope we can come to an agreement with them this evening so see no further comments will you call the role please commissioner Reed was the motion amended to include no no there was no need to staff bring it back I'm gonna have to vote no then mayor Rich yes commissioner Clark yes commissioner goobi yes commissioner Collins yes thank you the motion is approved 4 to one so Mr Mayor will you be calling item number I will be asking Mr Bag to yes just going to say whether we end up in agreement or not all the information we have will be given to the city thank you sir thank you will you read item number 11 for our consideration Mr bagot you sir ordinance number 25 5 34-22 an ordinance of the city Commission of the city of Stewart Florida to provide for the abandonment of certain public RightWay uh within the city being that certain 50 foot RightWay as set forth on the plat of El Dorado Heights as recorded in plat book one page five of Martin County Florida public records as described in exhibit a attached here to and depicted an exhibit B attached here to and requesting the the $99,000 privilege fee for abandoning public property to be waved in its entirety providing for conflicts providing for severability providing an effective date and for other purposes Mr Mayor if there is no change from staff on since the first reading I don't know if um I forgotten your name Mr Bru uh Michelle sorry Michelle Michelle um if there's no change since the the first reading and this is the second reading of this I'd like to make a motion that we approve item number 25 34-22 unless there's been some major changes or any mailing changes or legal description changes or anything has there been any changes no uh we received we received a um approval from the adjacent property owner the applicant neighbor uh stating that they are for the approval of the right of way abandonment and the privilege fee issue is that a new issue or that was in they requesting the $199,000 in the privilege fee uh commissioner Clark that's the same from the first same time okay okay we have a motion is there a second second and just for clarification we're waving that fee correct that is correct yeah a w of the we have a motion by commissioner Clark and a second by commissioner Collins is there public a comment on this issue seeing none is there comments or discussion by the Commissioners I have N I just like to say that this area Miss Williamson and Mr Brit I've seen them comeing here and just for them trying to do something decent in the neighborhood I think it's a good thing and I really appreciate their efforts yeah I I I drove by it today it's it's actually it's it's not a tiny piece of property by any means but yeah I appreciate the effort that they've made and it certainly makes sense so any other comments or questions seeing none roll call please commissioner Clark yes commissioner Collins yes mayor Rich yes commissioner Reed yes commissioner giobi yes Mr baggot uh passes uh un will you read number item 12 for our consideration please sure uh Mr may I just wanted to remind you that the um this is a quas Judicial so feel bre get the yellow the yellow get out your yellow sheets you do and it's resolution number 87- 20124 a resolution of the city Commission of the city of Stewart Florida granting a major Urban code conditional use approval for ful minia LLC located at 55 Southeast Oola Street as described within the attached legal description granting relief to deviate from certain code requirements including required parking payment in lie of parking uh also known as pileup um sidewalks building setbacks pool location driveway width uh fence height and Architectural standards for the professional office building and proposed single family dwelling requiring specific policies to be considered including parking requirements uh payment and Le of parking program and various designed standards providing an effective date providing for conditions of approval and for other purposes so um Mr bagot for the benefit of our new Commissioners could you explain what an expart dat communication is before I ask them to sure it would be um any Communications that you had prior to this meeting with uh um the applicant or anybody else as far as Communications regarding this project coming before you now I it's my opinion it excludes staff but anybody else you would need to disclose whether it was uh email or they called you either one or something any type of communication like that so any communication with anyone regarding this specific item yes okay so commissioner Reed do you have any expire dat communication I do I actually had a meeting with the appli the applicant's representative and I'm here with an open mind okay commissioner go yes I did have a with the applicant and his attorney and I'm with an open mind I've thought briefly with the applicant I know the applicants representatives and I'm here with an open mind okay this is not the Starbucks right you realize that yeah this is my UI right yeah yeah I know joh and I don't have any sorry I'm surprised wrong client this is the home on right this is the home yeah John yeah I know commission JY do you wish to correct your statement then no oh okay no I met with them yes okay commissioner Collins um yes I spoke with the applicant and I spoke with my crb appointe who considered this item um regarding their deliberations so is uh um will the development department please provide a brief summary of the agenda item uh let me just let me I'm sorry yes we need to put the potential Witnesses under oath yeah will all potential Witnesses for the applicant um and staff please uh stand and raise your right hand uh do you affirm the testimony that you are about to provide in this hearing will be the truth the whole truth and nothing but the truth so help you God I do uh now the development department will you please make a presentation regarding this item good evening mayor Commissioners for the record my name is Chris mccraine principal planner with the development department uh tonight I'm presenting agenda item number 12 submitted by flaminia LLC for a major Urban code conditional use petition for the existing professional office building and a proposed single family dwelling uh the uh 6 acre parcel is located at 55 Southeast Oola Street uh and is designated by the urban center zoning District dist the downtown future land use and it is situated within the city of Stewarts uh community redevelopment area in accordance with public notice requirements outlined under Section 11.02.19 we're missing two you still have quum do the St votes aren't that easy do the St report we'll just wait a few minutes see if they can return to listen to your as a courtesy to the applicant and if they take too long I'll send the sheriff out to apprehend them oh here he comes thank you m they not talking to each other she'll be back in just a moment should do break or something [Music] okay okay well let's let's what's his name Morris C oh Mr mccraine is that oh that is Morris Mr mccre yeah why don't we go ahead you ready yeah four 405 we'll go ahead all righty in accordance with public notice requirements outlined in section 11025 of the Land Development code on August 19th 2024 the applicant mailed notices to 56 adjacent Property Owners located within 300 ft of the subject parcel uh the notice was to provide details of the requested major Urban code conditional use petitions and the date and time of both the community redevelopment board public hearing which was held on September 3rd 2024 and tonight's City commission public hearing uh in addition the applicant has also posted two public notice signs on the subject parcel one fronting Southeast seminal Street and the second Fring Southeast Oola street so the subject parcel and the parcels to the southeast and the West are designated by the urban center zoning district and the properties to the north are designated by the urban Waterfront zoning District uh and as I mentioned previously the uh properties including the subject partiel are all designated by the downtown future land use so on February 29th 2024 the development department received applications for a minor development plan and a major Urban code conditional use which was submitted by Leo and ass Associates on behalf of flaminia LLC uh to subdivide the subject partiel and construct a single family dwelling within a portion of the site for the existing professional office building also known as The Forum building the proposed subdivision and Amendment to the existing professional office building um for required parking um and the subsequent development of the single family dwelling require review and administrative approval by the development director following review by the community community redevelopment board and approval by the city commission for the requested major Urban code conditional use um as a condition of the minor development plan approval and before a site permit or building permit may be issued uh for the single family dwelling the applicant will be required to receive final uh plat approval from the city commission to subdivide the subject parcel according to Land Development code section code um major Urban code conditional use approval may be requested for relief from the following code requirements um including density permitted uses setbacks parking requirements uh location of building and structures U number of stories Building height and Architectural requirements the prior to administrative approval of the minor development plan uh to subdivide this the 6 acre parcel and construct the single family dwelling both the existing professional office building and the proposed single family dwelling require authorization to uh deviate from certain uh Urban code requirements including parking requirements for the existing building office or office building uh to wave the payment in Li of parking fees for the professional office building to increase the maximum building width for the single family dwelling to uh deviate from the required front and sidey yard setback for the single family dwelling balcony requirements for the single family dwelling um sidewalk requirements the maximum height of a fence in a front yard and the location of a pool within the front yard of a single family dwelling so the proposed site here located in uh outline in red um located on um Southeast seminal Street to the north Southeast Denver to the East and Southeast Oola Street to the [Music] South um the .44 acre lot fronting Southeast seminal Street and Southeast Denver Avenue will include the existing uh 10,895 s foot professional Office Building 25 of the 41 parking spaces and the existing um trash collection and Landscaping the proposed .16 acre lot fronting Southeast seminal and Southeast Denver will be developed with a two-story uh 5570 ft detached single family dwelling uh uh attached twocc car garage accessory Pool and Patio and Associated Landscaping I'm just going to run through some of the conditional uses and what the code requires and what the deviation request is um the first conditional use petition is for a request to reduce the number of required parking spaces for the existing professional office building by a total of six uh total of parking spaces according to the city of Stewart's requirement for calculating parking uh as outlined under section 60110 of the Land Development code the gross floor area shall be used when calculating the required number of parking spaces relating to floor area whereas the applicant is requesting to utilize the least floor area to calculate the site's parking requirements uh according to section 3.01 03 of the city's Urban code one parking stall is required for every 350 ft of gross floor area for professional office uses so this request would result in a deviation of the six parking spaces um again this is the section in the code that talks about um parking for uh calculating parking and um talks about the gross floor area is used for the computation or the calculation of required parking spaces uh applicant is also requesting the city commission to wave the payment in lie of uh parking requirements and Fe fees for up to three required spaces uh which would be paid into the uh steuart payment and Li of parking trust fund uh according to Land Development code section 3.01 3 subsection F and section 6.01 one9 instead of providing up to three parking spaces required for any use located within the CRA a developer May pay into the steart payment and Li of parking trust fund a sum of money that is the product of the number of parking spaces required but not provided and the current cost to provide a single parking space in the CRA um according to the applicants submitted pyop uh calculations uh 8,723 would be required for the property owner to be paid into the steart pyop trust fund for a single required parking space um the cost to provide a single parking space in the CRA is uh based on the Public Works director uh estimated cost per parking space which is based on a 7200 ft 22 space parking lot uh and the it includes the cost of Paving car stops Drive aisles drainage Landscaping signage s uh lighting and the value of the land the applicant is requesting to allow a 13.5 wide driveway apron on Southwest uh Southeast seminal Street and up to a 22t wide Drive AIS on site according to the urban code standards uh for the urban center zoning District a 10-ft wide driveway may be allowed if no access Alleyway access is available to the rear or side of the lot um although no Alleyway access is available the proposed future corner lot does front um Southeast seminal Street and Southeast Denver Avenue uh the applicant is requesting to utilize the balconies to overlook the proposed single family dwelling patio and pool Courtyard um whereas that the Land Development code requires the balconies to face um the public rights of way on Southeast seminal Street and Southeast Denver Avenue so here on the uh depiction it just depicts where the uh the balconies would be proposed overlooking the um the pool pool Courtyard and Patio the applicant is also proposing to allow minimum 7.34 ft front yard setback as measured from from the proposed 5ft tall privacy wall uh a 10.22 front yard setback as measured from the northeast corner of the proposed single family dwelling and an approximate 33t yard setback uh as measured from the north northwest corner of the proposed attached garage um so according to the Land Development code um the front building facade is required to be constructed parallel to the street along the front property line with a required build two line uh of zero ft whereas the proposed design would allow for a minimum 7.34 ft uh front yard setback as measured from the the 5- foot privacy fence um a 10t 10.22 front yard setback is measured from the northeast corner of the proposed single family dwelling and an approximate 33 foot yard setback is measured from the attached garage um I would like to mention that the uh the front and side yard setbacks are inclusive of the two foot wide pedestrian easement for the future sidewalk expansion on the um adjacent lot fronting Southeast Denver and Southeast seminal street according to the urban code standards outlined under Section 3.0 104 when a permit for new construction or renovation is issued the owner shall be responsible for the instulation of a minimum 6t wide continuous sidewalk along the entire length of partiel Frontage that AB public Street the applicant is requesting to wave the requirements to construct a 6ot wide sidewalk and is is requesting to provide the twoot wide easement for pedestrian access and also for sidewalk to be constructed by the city at a later date um a 4 foot wide sidewalk currently exists adjacent to the subject parcel and the applicant would be required to construct the twoot wide section to complete that six foot wide sidewalk section um the city's CRA is currently working to improve the street scapes on Southwest seminal Street however there are no plans or designs at this time to improve the streetcape on Southeast seminal Street therefore staff does not support the code deviation and would request that the applicant be responsible for constructing That Sidewalk um the applicant is also requesting to allow a decorative wall and columns between four to 5 feet in height to be constructed adjacent to Southwest seminal street I'm sorry Southeast seminal Street um according to section 3.1 3.01 point0 4 subsection P fences located in the front yard shall have a maximum height of 4 feet along the front and side property lines to the front facade of the principal building and along the side property lines behind the front facade um it can be increased up to 6 feet um the applicant is proposing to construct a concrete wall and columns to Shield The Pool and Patio located in the front yard and a decorative metal gate adjacent to the proposed single family dwelling driveway the final petition request is to allow an accessory structure to be permitted within the front yard setback and also allow the structure to be located between the front building facade and the front property boundary according to Land Development code requirements for accessory structures no accessory structure may be permitted between the front facade of the principal building and the front property line and shall only be constructed in the side and rear yards subject to a 5T side and rear yard setback U on Corner Lots the side yard setback shall be 10 ft so on September 3rd 2024 the community redevelopment board held a public hearing and voted 31 in favor of allowing the proposed detached um single family dwelling to deviate from the following code requirements uh to allow a 13 and a2t wide driveway apron on Southeast seminal Street and up to a 22t wide driveway on site to allow the balconies to overlook the proposed single family dwelling Pool and Patio Courtyard instead of the street facades on Southeast seal and Southeast Denver uh to allow a minimum 7.34 front yard setback as measured from the proposed 5 foot tall privacy wall a 10.22 front yard setback as measured from the northeast corner of the proposed single family dwelling and an approximate 33t front yard setback is measured from the northwest corner of the proposed attached garage um to wave the requirements to construct a 6-ft wide sidewalk and instead require the prop property owner to dedicate a 2ft wide easement along the future corner lot fronting Southeast seminal Street and Southeast Denver Avenue to allow a decorative wall and columns between four to 5 feet in height within the front yard along Southeast seminal Street to allow a pool to be constructed between the front facade of the principal building within the interior Courtyard of the proposed single family dwelling and also the major Urban code conditional use uh requests to allow the existing professional office building to reduce the total number of required parking spaces by six for a total of 25 parking stalls for the existing 10,895 ft structure and that the property owner be responsible for the fees for up to three parking spaces to be paid into the steart payment in Lea parking trust fund um upon review of the major Urban code conditional use the development department recommends the applicant be required to pay the fee for up to three required Park spaces into the steuart payment and Le of parking trust fund so the city of Stewart May construct additional parking spaces in the CRA and that the owner also be required to construct a 6 foot wide sidewalk a continuous sidewalk adjacent to the Future lot fronting Southeast seminal Street and Southeast Denver Avenue and to also dedicate a twot wide uh sidewalk easement for access to the city of Stewart um this concludes staff's presentation the applicant does have a uh a presentation as well and then the uh staff and the applicant will be able to answer any questions the board may have the petitioner please yes Mr gravy yeah I think it's up there good evening for the record my name is Morris Kady I'm senior partner with Leo and Associates and also a 35-year member of the American Institute of certified planners and um this is the first time in my I've been doing land planning in Martin County for 43 years this is the first time I've ever been before government body asking for one single family home and actually the first time I've ever been before government body asking for increased setback so we can provide more Landscaping um so with that um let me just get right into it we're you know it is an existing office building and I'm sure you guys are all familiar with it um uh the proposed side area is a vacant parking lot in the back that's that doesn't it's not in use this was a arbitrary picture taking uh and and you can see that there's no parking back there and it's it's uh at one point John did allow that that area to be used um for overflow parking for events and things of that nature but since then since the last few years it's gotten out of hand he's had to put up no parking signs on there and he's not interested in uh making that a a paid parking area for other other projects and um you know John is not my typical client either you know John is a fixture in downtown Stewart um he he he works in downtown Stewart he plays in downtown Stewart and his goal is to live in downtown Stewart this is this is a home for him to live in um he currently works in the Forum building you can see he he recently renovated the building uh painted it and rid the landscaping around it and uh I want to give you a little bit of background though the the the uh property is on existing platted lots that were planted originally when the city was planted and in 1983 um you can see there was a single family home on the property that we're looking to build and sometime between 1983 in 1986 uh the the office building was was built and you can see the 4ot wide sidewalk was constructed and the parking was built and John's family purchased the property in 1989 so three years after it was and about the same time I think that you know the the building was probably bought after Water and Sewer was or constructed after the water and sewer was brought into the city [Music] um so again the the proposed Site Area is in the back we're adjacent to an existing single family home this is the garage of the adjacent single family home this is the 4 foot sidewalk um and currently there's a 12T access drive into the parking lot at this location and another access drive into the parking lot at this location this is what we like to do on this property well going the wrong way this is this is uh again the side area a little closer you can see the the access and the adjacent garage of the adjacent unit is exactly where we want to put our garage as well and this is where the property is to be split uh we are retaining this landscape strip as a as a landscape buffer between the parking lot of the office building and the proposed single family home and actually adding to that buffer as well um but you know John doesn't want you know this conditional use stuff the major conditional use you know is really designed for someone that wants to do mixed juuse and you know John's not interested in in putting retail on the first floor or building a restaurant or and putting apartments above that type he's looking just to build a single family home to go back to the original um plan for the city of Stewart this is the the parking lot in the back um standing on the corner of uh Denver looking back towards simol again this is the existing residence and this is another picture looking uh from SEO or yeah from SEO Street to the back of the building these are the the parking lot or the eight unit or eight spaces that are underneath the parking or the the second floor of the of the office building and you can see again this is the garage and the driveway next door to us this is a uh a trans FPL Transformer or some type of box but we'll be putting our our um driveway in this location on the other side of that and leaving this 4ot landscape area and actually um adding to that landscape area this is the two-story building across from Simo Street uh that will be looking at our uh front which um I'll show you in in a moment this is the corner of of Denver and SEO looking back towards the the uh the office building this is a carrotwood tree it's exotic invasive EV it will have to be removed as part of the site development plan you can see the 4 foot sidewalk we'll we'll you know we are we are going to have to close off this access and and restore the sidewalk on both sides so there will we are agreeing to repair and restore the 4-foot sidewalk but you can see the whole Road here is damaged and you just can't build 2 feet onto a sidewalk it really needs to be done in conjunction with the road construction because there's there's probably utilities there and other elements that will need to be addressed it's not so easy as adding two feet of sidewalk we are but we are going to donate the two feet of sidewalk easement so that work can be done in the future so again this is the site uh know why that happened that was the site okay all right all right let me get back that's what we would like it to look like and this is a little closer view of it um so again this is our our driveway which will be adjacent to the existing driveway it is 13 ft at the at the frontage these are over 10t too it appears but we're about the same width but it will be uh 22 feet because it is a two twoo uh two-car garage so we are this is a these are decorative Gates uh again this is these are decorative wall feature along here that ties into columns that will match the architecture of the building there's no wall or fence on this on this side this will all be landscape area um we are proposing uh from this corner all the way around a decorative um vertical rail fence that will tie into colums here and also into uh decorative gates at the uh at the garage um think of a black rod iron fence or something along that line and you and and again we're we're looking to under the code we can build all the way up to the to the sidewalk or to the property line um on all of our corners but that's not the intent here what we'd like to do is is set back a little bit um put some Landscaping in there uh the pool is is it is in the front yard is a waiver but again this is not going to be something that the public can see it's going to be behind a decorative wall with Landscaping um and um again on all the other sides it just doesn't make sense to build up to the property line and he doesn't want to do that it would make better sense to have some Landscaping so this is um what the architecture would look like this is the front yard that would be facing seol Street this is the garage with the with the decorative Gates that I was talking about these are the columns The Columns are 5T but you know the bottom of the wall is at 4 feet and that's what the code requires um and you can see that um this is this above here is a second floor Terrace uh that that um is open to the air um and you can see that the the elements it's a classic Mediterranean Meisner type architecture okay moving on again all right well it all sped up quickly sorry about that I going to get you all the uh all of the views this is the view uh from Denver Avenue on the um on the East side this is the view from behind the building facing the office so this is the this is the rear of the property looking towards the office building and then this is the this is the uh garage and the driveway to the garage which will be adjacent to the existing single family home on SE on on seol street and you can see that you know the balconies will be visible from the street but they're not overhanging the sidewalk they're they're basically designed to complement the uh the pool Courtyard uh so the staff recommendation is is really based on the three parking spaces the payment in lie of um providing the parking in the six foot sidewalk and and when I when I first met with John you know I I advised him that there's probably going to be concerns about eliminating parking and so one of the first things I had him do was uh let's look at the parking during the peak hour during the peak season and I and he went out twice uh once in the morning between like 10: and 11: and once in the afternoon in the early afternoon during uh December through March we had 18 different data points um to determine how this parking um is affect Ed and and what one of the benefits is that the the building is 100% occupied it's been 100% occupied for most of the time that that John has been in the office building you can see the the range of of um of uses we have a law firm we have uh John is the tenant of the second floor he's the attorney uh property owner we have a plumbing hbac um company in there uh CPAs optometrist and addition law fir so the total leasable area is only 8,910 ft² there's a lot of common area built into this this building so these are the data points and again I had them go out um you know during uh January through March not December and look at the well actually it did start in December this is the second so we had 18 data points from December through March and and in every case you know I had them look at the 25 parking spaces total uh whether they were in the back parking space or on the front and to determine how many were occupied and and you know you can see the numbers 14 out of 25 were occupied 10 out of 25 10 out of 25 in most cases uh the results of the study showed that of the 25 parking spaces uh at any one time only 47% were occupied so out of the 25 parking spaces there were always 10 or 12 available through this period and John has been the tenant out there for 35 years more so it's consistent with what he's observed over time as well so if you look at the the parking rate based on our leasable area we meet the code um if you look at the parking rate on the gross leasable area that's where the 31 spaces come in um but we we are willing to to to add a note on the plan that that um that that locked in the building square footage so that no leasable area could be increased in order to lock in that parking rate um so these are this is the actual data on the site plan first floor second floor looking at the total that's where the 31 spaces come that's the code requirement um if you look at the net leasable area um we're we're within that range so the note that we added on onto the uh site plan was that the proposed parking rate for the existing office building is supported by an affidavit uh by John um and we would be willing to record that so that it remains in full force in effect for the life of the building uh because we don't believe there's any need for additional parking so the staff recommendation is to uh uh again provide that that that the fee instead of the parking and that was what the crb agreed to um and the construction of the six foot sidewalk we feel would be better deferred until uh the road improvements are done at the same time but we will dedicate the twoot easement sidewalk to the city and and and since this was done you know we did take a look um at the request of staff and and one of our meetings with the Commissioners at how we could increase the number of spaces on the property and these are there's are currently eight spaces here and nine spaces here and they're all just over 10t wide so we did we did take a look at what we could do to get close closer to um gosh do it all right here we go all right so so we we just by restriping these spaces and not increasing the amount of imperious area we can add one space here so that would go up to uh nine spaces instead of eight and again by restriping these spaces we could we could get another space here so that would go from 9 to 10 so we would have 27 spaces to serve uh the office office building um in the in the after condition and again the study showed that 12 to 14 was the Mac 14 was the maximum on any one day during the peak season so we feel we have plenty of parking to support um the existing office building and and and uh we don't feel like additional parking is necessary um but I'm GNA have John speak to that a little bit he's he's the owner and he's this his desire to build his home here so John if you can explain your goals thank you Morris again I'm John mauchi I'm the owner of the Forum building good evening Commissioners I will be brief I'd just like to take you back a little bit into the history of the Forum building it was purchased by my father in 1989 but it's existed at that location since the mid 1980s since we took it over in 1989 and after his passing in 1996 I took it over we've tried to be a good neighbor we paid substantial taxes to the city we have also allowed people to park in the parking lot starting with my father and then I we opened up the whole parking lot to the city people could come in park in our parking lot go downtown frequent the local businesses and we did that for almost 40 years until a couple of years ago where it just became unsustainable and as moris said I had to put up uh um no parking signs that back parking lot has been vacant since we bought the building nobody ever uses it and I would like to build a house there to live in it it is for my use I would like to live there even if you give me permission to build this house and I occupy that back parking area the parking lot that remains here especially with the two additional parking stalls we located through through restriping will be more than adequate The Forum doesn't need any on street parking in fact in the future we will continue to have City parking coming on and using our parking lot because I simply cannot monitor it 247 I can't hire someone to stand out there so the point I'm trying to make in a roundabout way is we've never needed your parking we don't need your parking now and in the future we won't need your parking none of our people will park on the streets they don't need to and we will continue to absorb some of your access and that's why I've asked not to have to pay into that um I believe you call it a pelop fund is that correct um in terms of the style of the home we have tried to stay with a historic home that was built in Palm Beach in the late 1920s early 1930s it's a Meisner style home and we've tried to do something that was appropriate for the area a comment was made somewhere along the line well you could have a tenant in the future that might need some parking spaces in the 35 years we've had it we've had every possible kind of tenant anyone could possibly have we've had attorneys we've had CPAs we've had Communications companies we've had doctors we've had lawyers we've had medical Rehabilitation Facilities I can't think of a kind of tenant we haven't had at one point or another and we've always had excess parking a final note moris suggested go talk to your neighbors so I knocked down a few doors and I made a few phone calls and everybody's elated that I'm building this home one person said to me on the phone you are going to enhance our neighborhood and that's almost a direct quote so I would ask that you approve this I don't want to pay into the poop and regarding the sidewalk I know Morris went over it I'm not a land planner I'm not an engineer but for me to build a six foot sidewalk that funnels into a 4 foot sidewalk on either end just doesn't seem practical or necessary so thank you do any of the Comm Commissioners have questions for the applicant Mr Mr um commissioner Clark Mr Mayor um with regard to this property at 55 South East Oola Street I just wanted to for our City attorney or for yourself to just explain to the the public or even those who are who are at home or those who are here that under this conditional use and the Quasi judicial that it is set under the second reading but it's um it's because it's a one andone with the conditional use and I just wanted people to be aware of that that uh it it's it's not like we've seen all of the details before it's just that it's it this is the way that it's coming to us um isn't that correct Mr um that is correct okay and so uh I John sorry I've known Mr mauchi from mauchi Fields Wilkinson riffkin uh I go back Mr Cady I cannot say how long I've known you uh we worked together years ago many years ago at the Martin County Board of County Commissioners so um the Italian aspect and the idea of the very careful details on the five or six reasons for the um it's probably like more like seven reasons for the for the uh conditional use approval and the the tastefulness in which this is going to happen um in order to accommodate some things and of course to accommodate the entire single family use um and then with the pool and the landscaping and the um the various set backs away from the the the front yard and and the streetcape as well as the building Lines within the property um I I I just think that it's it's it's genius and it's good and it's a good way for redevelopment to happen and for something new to happen and it's not like it's extreme density it's just that it's it's it's it's something good that's going to happen in a in another space or part of a space I just I couldn't decide from looking I don't know if I maybe it was there but I can't remember and my computer is down so I can't remember what I read but in the um this whole thing the twostory form building was never a PUD it was a straight zoning originally way back when commissioner Clark the property is uh located within the C's Urban sub District so it's it's never been a PUD I would imagine that it was Prior straight zoning a long time ago okay yeah that's fine I just want to make sure that these distinctions are put out there uh uh so that we know what we're talking about when we're voed on but I think that it's a it's a great thing I I I I don't know if there's any other discussion or maybe just have it up for discussion if I could say with regard to resolution number 908 87- 202 before that um I would uh request that the the board uh accept the staff recommendation and approve the project as presented and as requested for the detail um changes uh and requests regarding the conditional use commissioner K we already have a motion okay we did okay all right I'm just detailing it I'm sorry I thought you were asking if she was making a motion that oh okay I didn't have a prior move okay well let's let's go through the let's we need to go through the steps in the hearing yeah I'm sorry um do do any of the other Commissioners have questions for the applicant or staff I do not mayor Rich M re yes uh I'm familiar with the um the setback requirements I actually had to do it for my own personal resident in 2018 to not have a zero foot setback um does staff know what the original parking requirements were when this originally was built it's going way back no I do not have that figure off the top of my head [Music] and as far as the site plan it has a fence around the pool right it doesn't count for the gate the driveway gate it's already enclosed permanently I guess the pool yes so the the pool uh patio and Courtyard would be enclosed uh to the west by the staircase that leads to the second floor and is attached to the garage and then to the front you would have the the four to 5 foot um decorative fence and then it would be bounded by the single family home to the East and and South so it it would be entirely enclosed which would be a requirement of the Florida building code as well so um and then as far as the the twoot sideway extension that would be on the city that would add that at a later date if we went through there because they're just giving us the RightWay correct um if yeah if it was how it is so I mean staff's recommendation was to construct it and to provide the the M um but it would be up to the board to make that determination and the applicant was willing to give the easement just not do the 6 sidewalk on seminal Street at this time I I think there needs to be a distinction between an easement under under which Mr mauchi would remain liable for anybody that may have getting hurt on the property versus a dedication of right of way which would place the property in the name of the city I don't really care as long as he knows the easement makes him part of the claim yeah there really is a reason why we wouldn't dedicate the right away so I think if I think we will we'll agree with that okay yeah no we're going we're going to dedicate right away instead of an EAS okay right and in and as a condition of it in doing so we can just like the commission did on the US One Corridor give him the original setbacks or whatever his building is from where it is now anyway not that he's going to knock the building down anyway but from the standpoint we can credit it accordingly yeah well you know because easement with an easement you get the right you get with the RightWay the property line changes to the shorter the two feet shorter with an easement it's 2 feet wider but you get the liability side right for the record again Morris Kady um yeah we're fine with that I mean the setback zero so that that issue is really not even applicable but uh we will we will if we can keep the site plan the way it is instead of a twoot easement it will be a twoot RightWay dedication and not yeah not to interrupt but just on that point you're talking about giving that um committing that ride of way just for the site area it would be seol Street and Denver for the for the single family home area yeah so this this would be a condition I would like to see is if potentially we're not going to have you pay to build the sidewalk there so that it can be continuous uh how because you were able to do this because you own the entire entire property to donate that two feet from seminal to Oola so that when it comes time to redo when we're going to redo those sidewalks that we can do it continuously and not have to revisit it yeah yeah as long as there I don't think there's any impact to the building um but that that would be conditioned on on not impacting the building it doesn't of course yeah okay that's any other questions from the for the applicant or staff yeah I was going to say I appreciate you carving out those additional parking spaces you know and so one last question then if we if we provide the two extra parking spaces and we add the easement in front of the office building on on uh Denver then we do not need to record the affidavit um that we were agreeing to record is that is that okay with you guys I don't know what the I mean we're going to record an affidavit just to fix the the square foot the leasable area in the building but if we don't need to do that we would rather not do that I don't I don't think it would it'd be up to the development staff but I think the what I'm hearing is that you would dedicate a two foot right of way all along Denver right yeah and and SE seminal and Denver well you we're already doing semal but now you're going long and you're going to restripe two spaces did you say yes yes and restripe two spaces a whole lot to come up with two spaces and then so Mr miuchi was suggesting that in lie of the payment in lie of parking and in lie of the affidavit that's my understanding correct that's the pleasure of the board can you explain to me the affidavit in more detail what he was going to say is because he's like for example right now he doesn't use even a third of the parking in the parking lot he was going to sign an affidavit that he would never have tenants in it for the life of the building that would would need the extra parking spaces a call center right like like right he's not chiropractor right right but the reality of it is is that if dedicating the the right of way and building the two spaces I I don't even know that it matters I mean that's really Mr michi's office is in the office building too right yes so obviously you're not going to be commuting from your house credit for that now he doesn't have to I remember that coming up in the crb so I just want to point that out so that's probably a couple spots right there but it's plenty wide enough yeah it's plenty wide enough I forgive me actually interrupted commissioner Reed you're good uh it's a great project I was actually at the crb so you went and restriped it just add those two spaces too didn't you wow thank you that's all mayor Rich does the petitioner wish to offer any additional information okay all the all the evidence has been presented and the hearing is closed does any member of the public wish to make a comment regarding this project Madam clerk do we have anyone I do have one Frank mccristal [Music] not yet second I was the one no vote on this at the crb and it just seemed like uh and I told the applicant afterward us it seems like the opening Salvo in a negotiation where he got everything he wanted and um at the time we lost six parking spaces so I guess that's been reduced to three is that how it happened and then U I have just believe it or not in the last 15 minutes talked to two Property Owners on that street is my it was my personal opinion that the house is way out of scale with the rest of the residential houses on the street and uh but the residen is there have have no problem with it that's all I have thank you thank you thank you um do you wish to make a closing presentation okay so now we need a motion motion for resolution number [Music] 887-2241 the staff recommendation was how was to pay the payment in Lee of parking and to not have the right of way and to not restrip can you help her so well I don't know if the mo the discussion on the table was that in lie of the staff recommendation Mr mioi was going to dedicate a two- foot rideway on seminal and Denver Street and reach stripe to create two additional spaces in his parking lot um in exchange for the city waving the payment in Lee of parking and the requirement to file the affidavit okay I'll keep my motion and make it um subject to addition and qualifying as iterated by the um city manager that's my motion is there a second I can change it to whatever I want yes I'll second I'll second that we have a motion by commissioner Clark and a second by commissioner Collins so for the record Mr bagg it says we should re reread it suppose we should think can reer okay just the motion okay don't need to repeat so is there a discussion excuse me thank you m clerk madam clerk do you need to have it read clearly no I have it you have it Madam clerk so all of us having heard the motion and with the changes is there any discussion I have is it a Mr mayi I this is a a nice project it's nice to see people moving downtown downtown downtown all the time um and you and your family have been around here a long time and you know I appreciate your commitment to the city and its ability to prosper um I think I think we can go for a vote Yes Comm commissioner commissioner Collins yes commissioner Clark yes mayor Rich yes commissioner go yes commissioner Reed yes thank you yes beautiful okay Mr baggot will you read item number 13 for our consideration absolutely resolution number 97224 a resolution of the city Commission of the city of Stewart Florida granting a major conditional use petition for the Starbucks at OST ocean East Mall located at 23000 Southeast Ocean Boulevard as described descried within the attached legal description granting relief to deviate from required building setbacks minimum lot coverage location of parking and Landscaping requirements for the South Southeast Ocean Boulevard overlay Zone standards outlined under Land Development code section 3.3.0 requiring certain design standards to be considered providing an effective date providing for conditions of approval and other purpos is and Mr may just want to remind you this is also a quasi judicial the yellow sheet remains out yes do the Commissioners have any expert day communications to disclose regarding this item I do I actually met with the applicant the applicant's representative and I'm here with an open mind yes I met with the applicant and his um attorney and I also received as I thought most Commissioners did an email from uh a member of the LPA commissioner colls I believe I spoke with Mr Reigns early on while ago yes yeah Robert I we're probably required to wait for commissioner Clark to disclose her expar yeah you have Forum to continue but before she participates she would disclose she would need to disclose I I think we need toit I think the rule let at least do the disclosure at the hearing so that the applicant has a chance to respond so unless the applicant wants to wait for commissioner Clark we can continue no I'll just goes I met with the applicant and Mr R twice once quite a long time ago and then just I think last week we'll just need to make sure when commissioner Clark comes back in'll some point she discloses it before this hearing she is can you place any oh it's actually partake disclosure M I have talked to Mr Reign and his client have no um I'm here with an open mind Mr baget can you place any potential Witnesses under oath please yes will all potential w is for the applicant and the city staff Lee stand raise your right hand be sworn in do you affirm that the testimony that you were about to provide in this hearing will be the truth the whole truth and nothing but the truth so help you God I do staff will you go ahead and make your presentation regarding this please mayor Commissioners uh for the record again my name is Chris mccraine principal planner with the development department uh tonight I'm presenting agenda item number number 13 submitted by Kim Le horn and Associates on behalf of the property owner um ocean East Capital Partners LLC uh for a major conditional use petition for the project to be known as Starbucks at Ocean East Mall uh before I begin I did want to just mention for the record there is a Minor error in the resolution that was attached to the agenda um it did state in the first wear as Clause um that the LPA public hearing held on September 12th 3034 should be 2024 um so just wanted to mention that for the record um so the 11.29 acre subject parcel is located at 2300 Southeast Ocean Boulevard and it fronts uh Southeast Ocean Boulevard to the north the Martin County Commission or Martin County Administration Building and the public library to the west and south and a Mobile gas station Redeemer Lutheran Church Barn Theater and the e ocean Gardens condominium to the east uh the site was developed in the 70s as a commercial shopping plaza and currently includes approximately um8 18,000 square fet of building area with approximately 522 assoc or 520 Associated parking cells and Landscaping uh pursuant to public notice requirements outlined under Section 11.02 5 of The Land Development code on August 27th the applicant mailed notices to Property Owners located within 300 ft of the subject parcel to provide detail of the requested conditional use petition and the date and time of both the local planning agency public hearing which was held on September 12th 2024 and tonight's City commission public hearing Additionally the applicant posted a public notice sign on the property fronting uh Southeast Ocean Boulevard so the subject partial and the property is located on the north side of Southeast Ocean Boulevard are design by the B1 or business limited zoning District properties to the east and west include a mix of B1 business limited and B2 business General and the properties to the south and east are designated by the R3 or residential multif family office zoning District properties the subject parcel and the properties to the north east and west are designated by the commercial future land use and the properties to the South and West are designated by the public uh properties to the are designated by institutional so on April 29th 2024 the development department received applications for a minor development plan and a plat submitted by kimley horn Associates on behalf of the property owner uh approval by the development director for a major development plan application is required according to section 11103 uh for a non-residential development under 50,000 sare fet in building area the monitor development plan and plat applications are concurrently under review by staff and our pending final determination of tonight's major major conditional use request pursuing to Land Development code section 11.01 5 the issuance of a site permit or V vertical building permits for the proposed development will be contingent upon the city commission's approval of a plat conforming to the minor development plan granted by the development director uh on April 10th 2000 the city commission adopted ordinance number 17 171 19-2000 and amended the Land Development code to establish development standards for the Southeast Ocean Boulevard overlay Zone under section 3.3.0 of the Land Development code on December 20th 2024 or 2004 the city commission adopted ordinance number 2009-04 and amended the uh Ocean Boulevard overlay to provide a conditional use exception process uh which is required to be considered and approved by the city Commission so the South Southeast Ocean Boulevard overlay is divided into two sections the professional office section and the commercial and multif family section uh the professional office section is situated on the north and south side of Ocean Boulevard and is bounded between SouthEast Georgia Avenue to the west and Southeast oral Avenue to the east uh since its adoption in 2000 uh approximately three developments have been constructed Within in the professional office section of the Ocean Boulevard overlay Zone um I would like to State during for the record that during my presentation for this agenda item on September 12th 2024 uh before the local planning agency I mentioned that there was only one project uh which was Dr sea Freed's off office at 1052 Southeast Ocean um but is actually there's been three projects um there's also been a couple residential developments um over by Hospital pond um which are not subject to the professional office section those were built in about 2018 and 2019 uh so in 2003 the first project was constructed under the ocean uh East Ocean Boulevard overlay at 903 Southeast Ocean Boulevard the vacant site was developed as a 5,600 ft one-story professional office building with Associated on-site parking adjacent to the office building and Southeast Oola Street um this this depicts the uh the site layout it's bounded by Oola Street uh to the north and Ocean Boulevard to the south in 2016 at 604 Southeast Ocean Boulevard on the site of the former Atlantic Court Apartments the city commission approved the pineapple Place rpoud via ordinance 23252 2016 for a 4,500 ft one-story professional office building and five town home units on the Southeast corner of Ocean Boulevard and High School Avenue um the one-story professional office building fronts Southeast Ocean Boulevard and includes 17 on-site parking spaces between the the five twostory town home units fronting Southeast High School Avenue and East East Fifth Street in 20122 the development director granted a minor development plan for Dr C Freed's medical office at 1052 Southeast Ocean Boulevard the administrative approval granted a 5,000 ft on- story professional office building on the corner of Southeast Ocean Boulevard and Southeast Alamanda way with 23 on-site parking spaces refuges collection and Associated Landscaping so the subject partiel is denoted in red and is located within the commercial and multif family section of the Southeast Ocean overlay Zone which is situated uh on the north and south side of Southeast Ocean Boulevard and located between Southeast Madison Avenue to the west and the City of Stewart's boundary to the east which is located at approximately at the foot of the the bridge leading to Hutchinson Island uh staff did not identify any prior developments approved under the southeast overlay Zone uh commercial and multif family section so on uh the two 11.29 Acre Site uh also known as ocean East Mall was constructed in the 70s as a shopping plaza and as a state before it currently includes approximately 118,000 ft of building area for General commercial uses including but not limited to grocery retail shopping and uh shipping and postage hair and beauty office and medical uh upon subdivision of the 11.29 Acres site the remaining 10.59 Acres parcel retain the existing building area and 492 off off street parking spaces as is required by the property owners legal agreement with the the current Plaza tenants uh the remaining 7 acre parcel will be developed for a proposed 2767 ft Starbucks coffee restaurant with drive through drive-through Services uh a covered outdoor seating area and Associated parking refuse collection and on-site L landscape improvements the 7 Acres site will allow for the roughly 2,700 ft drive-through restaurant uh with an inclusive 500 ft covered outdoor seating area landscape buffering pedestrian connections to the adjacent rideway Associated off street parking refuse collection and a dedicated fire and vehicular pass by Lane so buildings within the commercial and multif family section of the southeast overlay zone are required to be constructed adjacent to the uh Street along Southeast Ocean Boulevard property um property boundary with a setback of not less than 10 ft and also the width of the principal building shall not be less than 50 ft of the lot width so the applicant is requesting to construct the principal building with a 642 foot front yard setback from the front property boundary adjacent to Southeast Ocean Boulevard this will allow the proposed building withd uh to be approximately 27% of the parcel width as opposed to the required um minimum of 50% the owner purchased the property in 2022 and has stated that there is no intent to redevelop the ocean East Mall at this time um and has instead decided to revitalize the site by updating the existing building facades um adding architectural treatments and retrofitting the signage um so due to the existing building placements on um Oola or I'm sorry East Ocean mall and the adjacent Church gas station Office Buildings and the retail Plaza staff is supporting the applicant's request to increase the building set back uh from Southeast Ocean and allow the building width to be 27% of the partial width uh due to the code requirements for drive-thru queuing and vehicular patterns within the boundary of the out parcel the applicant is unable to meet the building placement requirements for this overlay Zone um and combining these with the the site constraints um and the existing building placement on the adjacent properties staff requests the or is in um agreeance with the uh request requested code devation so due to the proposed building placement the applicant is also requesting an exception to the parking location requirements um Land Development code requires that no more than 25% of the parking area or one row of parking may be located between the front building facade and the front property line and that all of the parking may be located around the side or rear building of the facade and the code also requires that uh all parking areas be screened by Landscaping buffers so 25% of the parking area or one row of parking may be located between the front building facade and the front property boundary um all other parking must be located at the rear or side so with this they're proposing to to locate eight parking stalls um adjacent to Southeast Ocean Boulevard uh with the other uh remaining parking stalls along the side of the property um this would be approximately 42% of the um the parking and then 57% of it would be along the side of the building um the applicant has stated that you based on their their setback requirements um and the overlay Zone dictates your required Landscaping is based on your building setbacks um so with with the decision of the board they have decid has they have mentioned mention that they will be able to meet Landscaping requirements based on whatever setbacks we approve tonight um so if if you do approve the setbacks that they're requesting they would be required to uh plant 25% flowering trees 25% palms and 50% shade trees but the the landscape plan I I just want to mention any landscape plans that have to be revised would be done under the minor development plan application so any revisions would come after this meeting submitted administratively but to to the development department and then reviewed and approved under the minor development plan uh the Land Development code section 3.0 3.04 uh requires that no more than 65% of the building site may be covered by impervious surface coverage uh upon buildout the 7 Acres site will include approximately 9.1 uh building area 70.2 impervious area and 20.6 perious area or open space um this is demonstrating that there's a DI Minimus change in the um the development for this because existing today there is approximately 79% impervious coverage on the site uh with 211% uh perious um after the meeting um on September 12th uh the applicant has agreed uh to work with staff in installing impervious um or permeable pavement within the site to meet the 65% requirement uh so this deviation request would not be a request from the applicant they would be working with staff uh under the minor development plan and site permitting to meet the requirement for U impervious coverage so just to recap the September 12th 20124 local planning agency um the board voted four to one in favor of forwarding a recommendation of approval with the following commissions to the city commission with the following conditions to the city commission uh to allow the front building facade to be constructed adjacent to Southeast Ocean Boulevard with a 64t uh setback and to allow the width of the principal building to be 27% of the lot width to allow 42% of the parking area located between the building facade and the front property boundary um the applicant would be required to install permeable pavement to comply with the 65% minimum impervious surface coverage requirements and they would also be required to revise the landscape plan to comply with 25% flowering trees 25% palms and 50% shade trees uh the applicant has also agreed to install um additional landscape plantings along the entire boundary of the 11.29 acre parcel to be consistent with this future out parcel uh so any existing Landscaping along the frontage of this entire parcel would be consistent throughout uh so the city of steuart development department has reviewed the major conditional use uh for the Southeast Ocean Boulevard over overlay Zone and recommends the city commission Grant approval of resolution 97202416655 [Music] Mr R stand and swear uh I'm an attorney I can't swear to truth t tell truth not bound no I'm an advocate not a witness so so I mean Mr B you agree technically an officer cour I just want everybody B the lawyers yes thank you specially good evening for the record my name is Bob Reigns and I'm a land use attorney with the gunster law firm and here this evening on behalf of the applicant also I'd like to thank you all for moving us up and giv us some consideration this evening um I have also with me this evening uh Christina belt who's with kimley horn and in just a moment I'm going to have her come up and make a short presentation also we have our traffic engineer Stephanie Guerrera here uh and so she's available to answer any questions that you might have and also the owner Alan esino is here um so uh we've got our entire team here and willing to answer any questions you might have uh as Mr mcra stated you know this is shopping center we're all I think very familiar with it it's been here since 19 I think circuit in 1972 um and I think we can all agree over the last few years it has kind of fallen into a state of disrepair uh and there's been a lot of vacancies occurring in the building and as a matter of fact the applicant uh purchased the property out of foreclosure um you know I remember at one point there was even going to be for instance a jersey miks there we all kept waiting for and I was personally disappointed when that didn't occur U since I can walk to this location but uh again the the owner previous owner was not able to do the required improvements that would have brought to Jersey Mike's here so I've looked at the applicant and kind of considered him and told uh folks when we have discussed this project you know he's he's kind of been the night on the White Horse coming in here I think and you can already see some of the improvements that have been done and and Christina will cover some of those areas um I would also like to just finish my part of the presentation by just pointing out I thought your staff did an excellent job and they've been very helpful in working us through this process you know if you look at page seven of the staff report that's the major conditional uh use and the standards of review for Land Development code section 11.11 I'm not going to read through those uh but I think when you look at that you can see the staff did a good strong analysis of this project and what these changes would mean and how they you know comply with the code so with that let me turn it over to miss belt and uh if you'll just kind of state not only your name for the record that you've been sworn in but also your educational background and work experience please yes hi good evening my name's Christina Bel with kimley horn um I've been working with kimley horns right out of school for 11 and a half years and primarily my focus has been on drivethru design and construction so this is this project is I'm very familiar with and I'm excited to talk to you about it today um before I get started I did just notice Chris that that's I don't think the latest and they I brought a USB drive so it should be on the desktop sorry that's all right there we go all right so this is for the proposed starbox and it's located at 2300 Southeast Ocean Boulevard it is within the existing shopping center as you can see on the aerial here and it is located um in this yellow Court um location with is a underused portion of the parking lot as you can see just within the aerial here um that most of the vehicles vehicles park over here as there's a shared parking agreement with this this office um we are consistent with the zoning district dist straight zoning district and the overlay um that we that staff has mentioned we are within so um to just touch on some of the facade improvements that the owner has made to this to this existing shopping center I wanted to show some of the the renderings and elevations um as it was an older Shopping Center in from 1970 and he's really come in and given a a a refresh and made it clean modern design um and some of these images will show that so the top is the existing and the bottom is um some of the proposed renderings within the shopping center he's also um Incorporated some new will will be incorporating new lighting and signage as staff mentioned again just some renderings to kind of show the updates that are going to be made to this existing shopping center to really refresh it and I wanted to show those because I this brings us to why we're here for the proposed Starbucks the proposed Starbucks um not only did we take into account the design of the location of the proposed Starbucks and the configuration of the drive-thru but also how it would be compatible with the existing shopping center because it is imperative that um there's consistency between the two so the proposed this is a a image of the proposed architectural renderings that show um the pickup window this is where um customers will pick up their food and this is where customers will enter the drive-thru and go around the building to then exit in relation with this project we'll also be um proposing a pedestrian connection to Southeast Ocean Boulevard for ada8 Access and also an outdoor seating hours of operation are 5:30 to 9 and this were anticipated to hire 25 employees here are some more proposed renderings of of the proposed Starbucks and this shows one from each side and again this is this is where the customers would pick up their their food whenever they order this is where they enter the drive-thru and then they circle around and then they would leave this image down here shows the outdoor covered patio which will be a nice area for customers to drink their coffee or get some work done as they um visit this store and this is another view of the outdoor patio this is the this faces the shopping center all right so here's the proposed site plan which you all have seen briefly um there's four main topics that we're waivers that we're requesting but really they all kind of hinge upon this building placement and that's really in regards to this being a drive-through use to have the building placement be up against oops sorry about that to meet the building setback requirements it would need to be um no less than 10 ft which would mean the building would need to be up along this location and it also would need to be within the 50% lot width um the building would need to be essentially in this shape parallel to Southeast Ocean Boulevard which really isn't conducive or works with the proposed drive-thru as customers need to be able to enter the drive-thru um on their driver's side and then exit and I'll touch I'll show that in a second with the an aerial I'm frozen there we go so the existing shopping center has flow one-way Drive flow patterns that go up and then down and then up and then down so we wanted to stay consistent with that to ensure that customers whenever they're going to get their coffee there's no confusion they could easily get in and get out and not have to make a um East to an east to west movement here they would be able to continue to enter this way and then leave to Oceans East Boulevard or oceans Boulevard sorry the next waiver um as staff pre um touched on is the perviousness to be less than 65% of the impervious cover we have worked with staff and we will continue to work with staff to have the permeable pavement as we do want to ensure that we meet those requirements and this this image does show the existing pervious and then what would be proposed to show that it is a dominous effect and then again this isn't the the third waiver request for the location of the proposed parking which is along Southeast Ocean but again it hinders on um the setback and the building placement for the drive-thru these parking spaces along here um assist with meeting our parking requirements and we do the owner of the shopping center does have um not only are we meeting the city's parking requirements he has obligations to his existing tenants as well to meet for meet a parking ratio for those tenants so we needed those parking spaces to meet our parking requirement and also to provide enough spaces for the customers that want to um sit and enjoy their coffee inside the Starbucks and then the last waiver is for the proposed landscape and as as it was mentioned we are going to propose a buffer along here with proposed additional um new plantings and and also increase this existing here as well to be consistent and part of our discussions um with the the LPA board and prior to the LPA board we also agreed to plant all the way along Southeast Ocean Boulevard to really have a consistent look for the overall Shopping Center in the Starbucks since it is um very cohesive between the two and this image shows the existing kind of corner this is Southeast Ocean Boulevard and this is the internal drive into the shopping center and we are going to plant some flowering trees and the crep myrtles um potentially crep myrtles holes things of that nature that would continue not only on this corner but all the way down the entire shopping center the way down to the the way down to the driveway all the way down to here to driveway oh okay yeah and with that um I again want to thank staff they did a very thorough presentation as well so I try to keep it brief but I'm here for any questions that you may have thank you do the Commissioners have any questions for the applicant thank you by the way clerk it's it's it's for the traffic person and I've talked to Mr Reigns about this um just walk us through those entrance and exit and going around the building and the impact on East Ocean Boulevard okay I'm sorry can you repeat it one more time the entrance and exit into the D for where that sits in the parking lot okay so um this is the existing lighted intersection at Southeast Ocean Boulevard customers can come down into this existing internal drive and make it right here east side of the on the east side exactly and then they can Circle they would Circle the drivethru this is also the fire lane width so this is a a large very large Drive aisle larger than we normally would have for fire apparatuses to be able to get around they would then ENT Circle the site it's typical of a of a drive-thru to have a one-way circulation just to help with the flow around the building they would enter and then they would order their food here and then they pick up their window pick up their food here you have two covered windows there's only one covered um one window here for them to pick it up and I don't believe it's covered i' have to go back on I think it's a small awning I'd have to go back and look at the render let me look at the rendering yes here I say that's typical I'm sorry in here yeah just for the sake of my own understanding those images do not represent the plantings that you're going to do they no okay do you have that something rendering of that I don't have a rendering um we have the landscape plan okay here how wide is that which that the corridor for the landscape in is that within a 15t right here how wide is that is this right here in the front on Southeast Ocean on the side oh right here yeah um I can tell you pull up the landscape land I just can't see and do you have an idea of the number of trees that you'll be planting total what happened I lost it look like quite a few I didn't want to count them I thought you would know I have the landscape landcape plan up yeah can you pull the the whole landscape plan up please thank you that's my major concern as well while we're waiting is the Landscaping I'd like to see some I think there's an opportunity to have some nice mature shade trees right there like especially on that West Side for the parking that's where everybody's going to want to park and it's kind of a desert out there now it's pretty bleak so I agree a real opportunity it really is it's like something like So currently the this existing Drive aisle stops about here so we are extending it down much further which will provide additional trees there um let's look at the qual shade trees yeah what what are we looking at the I see is you're looking at the d h h how big of a tree is that going to be which match what's going to also be along the front we were trying to to keep the how tall I'm not sure well not sure they're underst story trees I know we could we were trying to keep consistent with the trees along Southeast Ocean Boulevard the trees along Southeast Ocean Boulevard can't be large oak trees because there's existing FPL overhead power poles there and it would block your signage we got to see the Starbucks um but more so because of the power poles we wouldn't be able we have to have right tree in the right place for of on that east and west side especially uh the west side where that parking is going to be the drive-thru might be nice to be shaded but really that some big like oak or Royal Point Siana something big that'll really throw out some shade along that west side for me on um sorry the West the West Side yes okay that would be the East so over you're saying over here on this side yes exactly between the two okay all those spots there are story mm they're under understory yeah so if those are understory right there what does that mean 8 feet 10 feet you know yeah 10 so having those be taller trees where there's a little more shade for that drive-thru but especially on that West Side from basically top to bottom of your footprint should be nice big beefy shade trees that you can park under commissioner Collins the uh the landscape plan does denote uh the Hol would be approximately 12 ft at height right here on the plan what's on so the on the west side we have uh where we at trying to find so we have cr and SM West Indian mahogany so that big looking thing on that west side is not a tree that's where I'm getting confused those clouds are not trees no okay so for me not to hog all the air time but I would want to see along that line big shade trees for everybody to park under through there Park yeah mayor my name is alen I'm a partner with ocean East Capital Partners I just want to yes sir we're doing the entire Shopping Center in terms of landscaping yep I'm all about landscaping and whether you approve it or not we're doing the entire shopping center just to beautify the entire place so you're worried about just the west side I'm worried about the whole shopping center and we are about to spend six figures in landscaping the H shopping center and I am beyond thankful that you're doing that instead of wanting to just build Apartments thank you so much for investing in making this nice that was just my only concern was I'd like to see some big shade trees there apprciate yes sir so I believe we can work with staff to update the landscape plan to show some of the larger trees just they just can't be along Southeast Ocean but we can on the side and by granting you that setback we're actually increasing a requirement for shade trees is that for um under story trees we can't still meet the along Southeast Ocean we still can't meet the um shade tree the shade Tre because of the overhead power poles Chris do you feel like you got direction for that west side I do yes any other I don't have any I don't have any questions for the applicant I first want to say Mr esin I thank you the the shopping center is coming along beautifully you've done a good job of restoring it I do have some major concerns um the East Ocean overlay was there to protect Southeast Ocean Boulevard from becoming us one and my concern is with this drive-thru Starbucks that we've set a precedent then and I don't want to wind up seeing Southeast Ocean Boulevard become US1 my other concern is traffic and the flow of that traffic I'm familiar with this um this shopping center most people exiting this shopping center go to where the Starbucks would be in the the um gas station because there's a light there and unless you're going toward Hutchinson Island if you're leaving the the um the shopping center if you want to make a right it's almost impossible to make a left so everyone's going to be going I Envision now people coming in trying to get out all through that one Road between you the Starbucks and the um gas station so I see a lot of congestion there I mean I just have those concerns I don't want to set a precedent for Southeast Ocean B for for Southeast Ocean Boulevard becoming us one um I just want to add that there are six access points in the shopping there are six access points to get in this has got great access in terms of getting in and out of the shopping center right but only if you're making a right if you're coming out by by Fresh Market at the back end you have to make a right you know so again you'd have to get to a light come around get to the signal and you have the full full access to make a left at the signal right I just want to add one more thing in terms of what your code allows what we're asking for your code wants us to turn the building you gave three examples earlier of what your code wanted to push the building up front which is allowed But ultimately that wouldn't work for a drive-thru so that's just the differentiation that we're talking about right no no I understand I'm just saying that for me I just feel that that um Southeast overlay is to protect Southeast Ocean Boulevard and I would not like it to become something else and while I think that everything looks great the trees look great you know you're doing a great job I I appreciate that you've refurbished and you're obviously going to rent to other people I just have an issue with what this brings and then I have even listened to the traffic report as Mr Reigns knows my most favorite thing the traffic report good evening Commissioners my name is Stephanie Gara I'm a transportation engineer with kimley horn Associates I've been practicing for 11 and a half years uh and my specialization has been in traffic impact studies uh as part of the the process we did go through a traffic study process which was reviewed by the city's traffic consultant as well as fdot um fdot does maintain Ocean Boulevard as well as Monteray Road and as part of that we found that the project traffic that we're proposing is less than 2% of the capacity of those roads and I understand the concern is of maybe existing traffic and accumulation we did find that based on the latest traffic data that was collected in 2023 on those roads both of those roadways operate at level of service C during the peak hours okay did you say commissioner if I could just go back on one other thing and I understand your concern about setting president stuff in that area yeah 100% but I think take into consideration this is the most unique piece of property along the East Ocean overlay because it's by far the largest site and it's an existing site and you know the the sites for instance Mr mccraine showed were you know small Redevelopment sites were completely vacant lots and whatnot so I I don't think we'll be setting a precedent cuz nobody body else can really come in and make the same claim with respect to the issues or concerns that they have also and I just wanted to reiterate what we had spoken to with too and uh that we won't be doing any additional because I know you had a concern that there would be other out Parcels going along that way and that just is not going to be practical because of the parking that we talked about previously that not only for the city parking requirements we couldn't lose that parking but Mr asazi also has parking requirements with his tenants so U this will be the only out paral that is planned for it so I understand understand but at some point Mr asosi might decide to do another quadrant in the park and it it's a huge parking space so there's a possibility in the future that that might could that be a condition um I'm asking the the attorney or the city manager if that could be a condition of an approval is what the fact that the applicant is saying that he doesn't plan to use any other parts or in the shopping center for something similar to say yeah we again he can't do it because of the parking requir there a parking rest restriction the parking restrictions for both the city and the tenants would not make it feasible for him to be able to do any out partials along that way so that was Point go ahead and we're willing to add that in a declaration if that would solve an issue from a legal standpoint no problem okay commissioner Reed do you have any all my questions have been asked by my fellow board members thank you um any questions of staff from the commission no I do not have any questions uh does the petitioner wish to offer any additional information before we close no I think we're good thank you thank you um so the presentation of evidence has ended and the hearing is closed does any member of the public wish to make a comment seeing none um do you wish to make a final statement Mr Reigns or okay Mr Mayor make may I make a motion you certainly may commissioner cl to item number 97224 move approval are we adding an element sighting those shade trees and oh yeah you want the shade on the West Side yes sorry yes with those caveats the shade trees the um and the lpas the Landscaping along the entire partial Frontage and then the uh setback deviation the percentage of parking as stated in the resolution the pervious pervious parking that's that's been agreed to and then commissioner Go's do we have we have a motion do we have a second do did did commissioner Clark adopt that motion yes yes she okay so I whatever Mr um mccraine says and whatever miss the city clerk has written down as additions I don't know that she has much written down I have with shade trees and setback deviation pre uh pervious parking and then there was a declaration that the uh applicant is willing to put into the um motion of have no additional out Parcels right no additional I think we have Clarity we have Clarity second okay second by commissioner Collins um are we all clear on what the motion is yes we're clear okay is there any discussion amongst the Commissioners on I have none again I just want to Echo thank you for not trying to build apartments in mixed use here thank you for investing into this um Plaza and making it beautiful CU I live basically across the street and I'm sure Dan Bonino is really looking forward to getting well that the Starbucks his cappuccinos in the morning before he he goes on and Chris man thank you in these last two presentations I appreciate your thoroughness and being such a stickler you probably made these guys crazy but you did a great job so thank you thank you sir yeah I just like to say this is exact ly what the city likes to do we like to share these resources we're not Paving anything over additionally in fact he's improve this is a a vastly overp parked space 520 currently uh this is a great little business to add I don't know how you did it because that and I'm dating myself here Mr rsos say that Burger King that old Burger King has sat empty for decades and there wasn't and they were it was a Starbucks and uh you were able to get this business there it's very attractive and I think it'll hold a great deal of appeal for people as a place to meet each other so if you know anybody at Whole Foods just saying you know be nice fresh market in there it's not really competition right Fresh Market yes they are they expanding space see no comments the roll call please commissioner Reed yes commissioner Collins yes commissioner Clark yes commissioner goob yes mayor Rich yes than you very yes sir thank you have a good night so and Mr askanazi if you rent all those spaces you'll be using all those parking spaces talk about it after Mr bagot there you go Mr baggot will you read item number eight for consideration please sure resolution number 982027-001 interlocal agreement regarding the decorative wraps around the um boxes um throughout the city um and the interlocal agreement amended interlocal agreement as drafted by the county was that they were not responsible for damages uh to the wraps on the boxes in question uh you wanted uh you guys a majority of you voted that we wanted us to go back to the county and insist that they cover the cost for any damages that they caused and they said no I know no we're back to the original could try AR the argument you said if you guys want to put the wraps on it you're going to be responsible if we have an emergency situation we don't want to be responsible if something happens and and then what if somebody else damaged it we don't want to be in a fighting match with the city basically it would be on the honor System if they were fixing something in damage that I'd expect them to say so but okay are you done Mr B with your presentation do we have a motion mayor I'd like to move approval of resolution number 982 24 second we have a motion by commissioner Collins and a second by commissioner Clark on resolution 98-2002 4 is there any public comment on this issue see none Madam clerk none no none see none uh questions or comments by any of the Commissioners no comments none seeing none roll call please mayor Rich yes commissioner Clark yes commissioner Reed yes commissioner Collins yes commissioner giobi yes Mr B will you read item number nine for our consideration please absolutely resolution number 13-22 a resolution of the city Commission of the city of Stewart Florida finding applicant owner Robert stankovich is failure to comply with certain required conditions set forth in resolution number 69-20 24 providing City staff with further Direction providing an effect effective date and for other purposes Mr Martell or Mr bagot do you wish to provide some information regarding this item I'm happy to uh refresh your recollection the commission uh recently had a uh request by the applicant to um to uh lift a Unity of title on the property that the um matter had been pending for um some time uh the Unity of title was conditioned upon Mr stankovich um completing four items that were listed in the uh resolution uh by I believe September 12th as of um the time of this agenda item he hadn't done them um a 22nd okay whatever the date was um and on top of that um he claimed that he had in fact done the the lot split but he hadn't actually gotten or made application for a second address which we went ahead and did for him um that that has been done now um so where it says 12 1251 Southwest Norton's Lane at the top that's the primary residence that he's living in the new address is 1231 Norton's Lane because that's the property that's I believe it's 12:31 is the new address of the house that's under construction however essentially um uh the building inspector provided the document that's handed out to you that had a list of everything and it's my understanding that Mr stankovich came in the day before the deadline um so as it stands in order to properly fulfill the terms of the um resolution if the commission were to order a the city to foreclose on the lean or foreclose on the house essentially it would require the City attorney to uh have a code enforcement hearing to adjudicate the fine that's been running for the last year on top of the other fines that have been running since 2018 and then once that's adjudicated the state statute requires there to be a 90day period during which the homeowner can bring the matter or resolve the matter before the municipality can even file the Foreclosure so you would accent a essentially by granting tonight's resolution be giving him a 90-day extension to um complete it because if in fact he were to get the items and complete the stuff and get the permit and get the property under construction pursuant to the terms of the resolution before the res before the Foreclosure was filed there'd be absolutely no reason to file the Foreclosure um but uh basically the problem ran that the resolution was very clear it had a requirement that certain criteria take place the criteria didn't take place and as staff we don't have the authority or discretion to wave it it was the commission's direction Mr stankovich was aware of it in fact before we scheduled it for hearing um he was emailing people saying that the city was holding him up and so I emailed him and I said Mr stankovich don't come forward before the commission until you're ready to move forward because when when you do the commission is going to put a deadline on the resolution and you're going to need the resol and you're going to need to meet the terms of that deadline so we didn't bring It Forward it was Mr stankovich his request for us to have the resolution to lift the unity of title and the terms that were in the resolution he was standing here just as he is now were negotiated between the board and um him with an attorney and he actually did have an attorney representing him that night um a had represented him through the application process so it's the pleasure of the board as to um how you want to handle it or where you want to go from here but staff did not have the discretion to continue to ignore it uh at this point Mr stankoven uh only if Commissioners have specific questions of you will you need to provide additional information so I'm sorry to say that again I say only if Commissioners have specific questions of you will you need to provide information does does any commissioner wish to yes speak your pece okay okay I have a question so um Mr stankovich if we um give you additional time will you be able to meet the requirements and and Mr Mortel can it go beyond on the 90 days or does he just we can only give him another 90 days and even within that time we still have to look at I mean you can give him forever it's just that it's been seven years could could I just say something so just hold on you can answer specific questions Mr you have a question for yeah so so just want to know if if he if if he can if he can do this within 90 days if he can absolutely I'm bringing you a $25,000 check because I went into the office and I asked how to get a a bond you know because it has to be a city acceptable Bond I went to the building dep department and they said well I don't know I said well and I said we would wave the bond until the permit was issued so he could complete all the other items first and made sure the bond was not holding it [Music] up commissioner Collins do you have any questions for Mr S I just want him to be able to speak and kind of say his piece without having to be directed by us it's his house man so go ahead and speak I really appreciate that on 86 I had knee replacement surgery previous to that uh I think it was July I I don't remember it was about a month before that I was having a problem with my email because I get about a 100 emails a day so I sent out an email to Mr mortell and um the building official to use my secondary email address address also so when I was in the hospital on 86 he sent out the the email on 88 to my first email but not he didn't do the second email which goes to my phone the other one goes to my computer which I was in the hospital so I didn't actually find out about that email till it might have been a day before but I think I thought it was two days before it doesn't matter it doesn't what email I'm just so I'm clear what email I'm sorry what email are you talking about the email from um the building official so the resolution is what told you what to do when you were here in front of the board you applied for a resolution where the board voted to lift a Unity of title on a property that had been unified because of the density of the property next door and when you bought it it was one lot with a Unity of title on it and you asked the city commission to separate that into two lots and as a condition of that in the resolution there was a list of things you had to do there was no email to come with it that was it right well there's it was very simple from the Commissioners um one of the things was to apply by the 22nd for a standardized building permit so 14 days before the 22nd the building official asked me to ser certify my roof trusses which from the original manufacturer so I tried calling the original manufacturer no response just leave message and message they have an answering service there so there's no way that I could have had within 14 days certified my roof trusses and that's the whole point that's why I was here that's that was raised at the meeting by commissioner Ridge specifically the certif ification of the trusses yes sir that wasn't part of the it wasn't the email right we talked about it before right we did talk about it because when the building official and Bruce Duncan was out at the the the job site you know we went over the roof trusses so and um is it is it Lou is it Lou Hatton MH Lou men men that like one or two of the trusts he had questions about so um he said to you know possibly you know have them looked at so but it wasn't until that email on 88 that it was you know in writing that I needed to get them recertified they never no one ever said that I need to actually in fact get them recertified and in fact you know my own engineer who's here you know he wrote off he signed off on all the roof trusses previous to that so and my my and that's another thing too is you know why is Lou specifically asking for the manufacturer because the manufacturer doesn't have your engineer can sign off on those roof trusses that's what we told you he's a cert he's a licensed engineer all he has to do is certify him and that's sufficient but on the email it says that he's specifically asking for Coast Trust that's been email on 88 specifically saying um it says um I will require you to be asking for Coach trust to give you a letter of recertification of the roof trusses that was on 88 I didn't get you know like I said I was in a hospital I didn't see that until a few days before the 22nd when that was do you know I put in the rest of the application but there is no way that I could have had the roof Trust cied can I ask you a question sure do you feel like if we gave you 60 days before we roll into this process that you could sort this out yeah there's yeah the roof trust absolutely there's a second thing which Mr Mortel me was about too which I would like to be a little bit more specified because there's a community next door that has a drainage problem MH and it drains you know across my driveway and then across between these my neighbor and my property and it's supposed to go down into the creek yes but you know there's a low H it's Robert Long's house and um when I originally applied for my building permit you know they signed off on my my um site plan so but as a part of this lot split that's what we asked you to do can you do it can oh yeah so for what it's worth the unity of title back when that property next door was developed the storm water plan for that property was to free flow across this open grass area into the mangroves and into the water when Mr stankovich came in 2015 and didn't do the lot split that he told the board of adjustment he was going to do he filled in the Swale and redirected the water to go toward Mr Long's house at the hearing where you guys were entering the lifting of the unity of title so that he' have two properties he was told that he had to get a storm water plan and a survey of the property so that he could show that this water that was always designed to free flow across the driveway and into the canal could either be done by a grate in front of his driveway and piped into the canal or whatever possible engineering design that his engineer wanted him to do the problem is no one ever did any flood plane survey nobody did any storm water design nobody even submitted a theoretical drawing of what would happen to the flood water so as we stand here today nothing has changed correct can you get that done in 60 days will you do yeah absolutely you know there's no way that you know Jody called me up and said you know in one week we're going to talk about demolishing your house can you just do it absolutely absolutely when did we pass the resolution that was July 22nd so 60 days ago and nothing's happened right please yes ma'am Mr Mayor so m i I'm on the same lines as Mr um Mr Collins but I want to ask Mr mortell going back to the unity of title you said that's seven years ago I'm just asking questions now that's one thing the other thing is I'm looking at this letter with um Tyson Waters who he apparently retained to help you at some point and he's referring to a July 22nd of 2025 and I wonder if that's just a typo or if that's something that's yet to come or if that's an outside date I don't know if it even means anything cuz it's not anything that's in a resolution or anything and then the other thing is to go to Mr to where Mr Collins is is what now what what does he have to do and can he do it and if he does it is there still repercussions from the past where he has to pay all these fines for something that he didn't do before what are his risks that he still stands to either still losing his his house or or or the the title to the what what is it Mr Mortel can you just go again there's unrelated matters okay in 2015 Mr stankovich came before the board of adjustment and under oath told the board that he was going to do a lot split the following month he never did it it never happened he did pull a permit on his home address and started construction 2016 2017 2018 2019 it didn't get finished in roughly 2019 the building inspector gave him deadlines to finish the construction and multiple times he was caught putting windows in without permits doing things that were inappropriate but he never did it the permit expired and that's when the the building inspector realized that he'd never gotten the lot split anyway so the only way to get the permit reissued was to to get a lot split so 2020 2021 2022 2023 the house has sat in an issue of disrepair however randomly the neighbors would call and say that he was doing work in the house that the electricity in the house that he was storing things in the house and we would have to go out and have multiple code enforcement hearings as a result there's about five code enforcement leans recorded against the property ultimately Tyson Waters started representing him and came in in front of this this board and asked for you to lift the unity of title that had been put on the property when the uh development next door I think it was 25 like town houses were built this was part of it and this was the end that was like the where the water ran off into poppleton Creek for that property they commission granted that resolution in July and I'm actually trying to find it and I don't know was a a resolution but it was an order um separating or removing the unity of title from the two Parcels so that he could have two separate Lots so that he could then go get a permit at that hearing in July he told the board that 60 days was plenty of time to take care of all of the stuff unfortunately for the city staff weekly we have neighbors come in and ask us what the status is and they're very frustrated with us because we aren't enforcing it according to them so when the deadline ran we've set it before the board because there isn't really much more we can do it's it's a commission resolution if the commission wants to extend it that's fine if the commission wants to extend it with direction to staff not to come back so that you extend it and then the City attorney has the right to seek the Foreclosure of the leans if he doesn't complete um that's fine too but it's the pleasure of the board but the leans regardless of what you do whether you extend it don't extend it or whether he magically fixes it tonight would still be in existence until such time as he schedules on his own another hearing to come before this board and describe for you why you should wave the lean or reduce the lean or do whatever and the board would have to agree to do that any yeah that's the end of what he was saying is I just wanted to say from the very beginning when Steven mayor or Meyer was work working into the I guess he was in the building I don't the development department you know I filled out a a paper he assign me an address of 1255 Southwest Norton's Lane so that's that's pretty much the big thing that was I disagree with M mortell about but it it doesn't matter how many times have you P taxes on the second parcel I always pay taxes on on one parcel you never paid taxes on two Parcels it's one parcel So when you say you had two addresses for the last seven years you only had one tax bill well I agree I agree because it it never got done that was a problem and we you know there's no way I could go back to step mayor to say what what's going on because he was no longer with the town so but it's been a long rough road I did I was looking at the original resolution it was 69 2024 would it mention in the original resolution back in July of this year where mayor Rich put the stipulation on for the trusses to be certified it it it was a discussion that was had okay so it's not in the actual which the resolution number what was it uh 692024 okay um it was just an inquiry so we what was discussed is that he had to he had to submit a complete building application that includes meeting with the building inspector who out of his own I guess concern two weeks before the deadline ran since he hadn't heard anything for 45 days from Mr stankov not true he reached out to him and said Hey where's your stuff you're going to need to certify those trusses that sat out in the rain for two years that's not true either and and by the way I we don't have to get into the debate of what we're not under Ro one or the other neighbors said that you painted them rather than them being regular wood people have said they were outside he was just asking your engineer to certify him it doesn't bother me at all as far as I'm concerned if your if your engineer will certify him we've told you this 100 times we'll accept it that's great so it doesn't matter if they've been left outside okay so it doesn't have to be Coast Trust then to be certified by an engineer okay because that was my big problem that's what made me you know I don't recall getting that email any returns Mr sovic that was it Mr do do you have any questions it's well I guess my question is obviously 2023 was not a good year for you you had health issues or whatever but what about the six years before you've obviously had time to do a lot of this you keep asking for extensions and then they're not completed so what would lead this board to believe that you would now say in 60 days that you would have it completed well I wouldn't have the house completed if that's what you're asking the letter that commissioner Clark was referring to section one of the resolution stated this resolution is conditioned upon the owner applicant Mr stankovich performance of the following a completing the process of separating the property into two separate parcels and creating a new legal lot separate from the owner applicant's Homestead with its own parcel ID number prior to August 30th B submitting a complete application for building permit for the single family home under construction on the property prior to August 22nd 2024 C completing construction of the exterior of the single family home described in the permit including landscaping and address and addressing storm water issues to the satisfaction of the city building official prior to July 22nd 2025 2025 posting a bond acceptable to the city in the amount of $25,000 to cover the cost of demolition of the home if it needs to be done but he can't get the building permit issued without providing a survey and a flood plane elevation and the storm water plan with it so he doesn't have to build the storm water plan in one night all he had to do in that 60 days was submit the plan help me trying to I'm Adam Hart I'm the engineer for the project is taken over okay before you comment because we're talking about the storm water plan so I got a call from one of your neighbors and you went to him at the end of last week and you asked him for the name of an engineer who could do the storm water plane you did not even attempt to address this issue no no one here is our Engineers I have a high respect for everyone here there is an engineering plan that was done by milore group back in 2016 that was approved by the city that plan still applies no proposed changes are proposed to that plan on that plan it assumed that both flots were being split what was submitted into the building permit application was that plan again milore group F in the but that plan was submitted and not signed by the the group and it was submitted by like different pages of it were done if I remember correctly it wasn't actually submitted and signed by and certified as a as a plan and in fact I know it wasn't submitted because he hasn't doesn't have an active permit no it was uh so so the so Melissa did who used to own milore sold milor to a new company in town that company has all their records we're engaging we have been engaging them take over the work they don't do Residential anymore they do all commercial work but getting a hold of them as as uh Robert has said has been very difficult the last and after 2016 the D changed and the City of Stewart commission adopted different regulations for residential storm water so his permit has to be compliant with current code so that 2016 plan wouldn't have met the code that was adopted in 2018 understand a brand new survey was was uh um retained this year uh brand new survey the elevation certificate was uh dated I believe last year and all this is we had a survey we had that in 20123 a new permit application was submitted again because of the uh 2000 because of the 2016 U permit being uh expired 2023 a permit was applied for again with a brand new survey and a flood a flood uh elevation certificate by a new surveyor since bloomster is no longer around so that since the codes changed again in January everything was the survey was redone again for this August 22 submission we have a new survey we have the same elevation certificate blood didn't change all that as of August 22nd all the the permit application was put in we received comments by August 29th September 17 we replied to the building official and provided all the additional information into the electronic system but on September 13th the building official put a stop hold in the system where the the permit will not move forward because the The City Is At This Moment In Time refuses to to allow the process to continue impermanent so when you ask the question are all the documents impermanent today yes is the is the is the flood management plan that was approved that Cotler Herring and mil core did is that the same plan from 2016 yes we are getting that updated but as the attorney said in July's meeting that's one of those items that because of everyone's availability we don't know if we can meet a 30-day requirement on that that was actually brought up during that meeting but there but if I remember cor ly those documents weren't submitted as if they were 2016 documents they were submitted like their current there's no code reference on that document stamp it's stamped in 2016 by milor but there's no code reference to the 2023 Flo building codes on those plans so so what we're trying to do is so was it representing that it meets code we all we're doing is submitting the previously approved flood management plan that's all we were doing we can't we can't submit a brand new flood management plan we can't recertify that until either Melissa comes back into the civil engineering World she's local that was the concern that the staff had when they got this document that was basically not applicable that was almost eight years old that she didn't that they didn't even think that she knew that she was resubmitting plans that she'd be liable for well and that would meeting the same plan sheev signed and sealed and as Engineers we're still liable for those documents stamped signed and sealed 10 years ago so so what we don't know right now is whether or not milore group is no longer the company that bought milc group we we we are we are in conversation with them and trying to see if they can take over the plan and sir just for clarity there would be a statute of limitations that could run if in fact that Engineering Group submitted plans but by resubmitting them in 20 24 they now have a new statute limitations that they're now exposed to for liability based upon those plans and I don't know what it is but if they're representing to the world that they've now made engineering certificates in 2024 and they're submitted in a public record as a part of an application for a building permit that firm and their partners are on the hook for any lawsuits that arise out of a faulty plan and even though they may have been written in 2016 somebody has now resubmitted them and re-up the ante on them unless they had permission to do so so what we're so what we're trying what we're trying to say is the attorney uh uh Tyson Waters had mentioned at the July meeting that the civil engineer was the one piece of the puzzle not barring the recertification of the trusts because that wasn't a requirement out of that meeting on in writing but the he mentioned that civil engineering is the one item in that package that we would have a hard time getting done within 30 days so we were resubmitting the still electronically signed and sealed 2016 plan I did contact Melissa I left her a message uh two years ago or last year in 2023 we reached out to Melissa when she was still at milore and you know she was aware of it in 2023 we resubmitted the same plan but we understand that that plan has to be recertified so all we're doing is resubmitting that plan as part of the already approved flood management plan that was part of the uh historic permit record on this project we got it you keep you keep saying the same thing we got it we have every single piece of the puzzle that you've asked for last in July 22nd was submitted by September 17th in the system waiting to proceed to move forward that plan is not legal Mr hold on Mr Mr C let Mr Mortel include his comments very difficult for the city staff to be accountable and have to say that they received a complete application when the plan you submitted you know that you can't even get a hold of the person whose signatures on it for two years now I mean that's that that's kind of disingenuous the building inspector sitting here in the back of the room for him to be accountable to that and to be held that he accepted something like that and let somebody have a permit with that you know I think he'd probably lose his license I mean I don't even know what would happen but I can't imagine somebody like doing it let alone thinking that that's complete but again I guess it is and what does he need to do clar is next I'm next Mr Collins need to subm a okay thank you so um Mr um Mortel and and our commission board I'm going to ask uh maybe I should make a motion can we is it is it in the best interest if we can table this ask staff to meet with this person who's trying to do a home apparently they've had issues I'm I'm I don't look at this commission as some type of a um HOA that's going to punish somebody because they have a flag or they don't have a flag I know that this is more important than that but at the same time it will look as if if we simply just say that he's not comping and he's not going to it's going to look like it's down the road something is going to happen and you're not going to be able to get all your permits I think that if we need to table it let staff and the the the um homeowner and his engineer come up with everything that they need to do to meet the requirements and how they're going to do it I know that you said it's been done already that's what we didn't do I just let's try to get it let's try to get it again and so that we don't have to do this maybe come back to the next city council meeting and said these are the things cuz apparently there's some there's some gaps here that and I I don't want this this to be where we're we're at the point where he's not able to have a home and to finish his home he has a home well I mean to to complete this thing he has a full house he lives in next door to it maybe let Jody speak to it Jody would you like to make any comments regarding this situation or the building department Jody is a represent the building building inspector behind will do has already seen him so and one question though what Campbell rich said did you said I called somebody a week somewhere I don't know what you're did you just repeat that that I got a call from one of his neighbors you had approached them and said you need to get the uh drainage a drainage plan and and you it was only last week that you were apparently making that effort I know that's not true first of all we've been trying to get a hold of we've been trying to get a hold of the people involved in the project previously we understand that we got it 2016 plan you haven't been able to get him for two years Mr mortell has explained you how that's an unacceptable situation I I just want to say that's not true because I have no idea who you're talking about fine so we we would like to know no no we'd like to hear from our building inspector please okay Jody good evening my name is Jody kouo for the record I'm the development director um I've been speaking with Mr stovich and um been going through this process I've been here two years almost in in October of this year and uh Mr stovich is file ends up on my desk every six weeks so last year when Mr stovich was required to come in for a building permit he came in filled out a building permit submitted it with nothing attached so that was voided in 2023 when the board asked him to do something at the code board that was the stipulation that was required he didn't he failed to do that this year we gave him till July 22nd on July 22nd and we asked them by August 22nd to submit a full set of plans the building official sent him a list on August 8th because we have not heard from Mr stankovich and want to let him know hey here's your list this is what we're looking for it was just a courtesy to Mr stankovich Mr stovich came in at 4 submitted his application at 458 or 4 on 8:22 the building official reviewed it went off his list that he provided him there's a lot of things that are missing other than just plans so um and we did provide him that list it was in his portal um and when I reached out to him again talked to him about going to this board that's when some of the action started happening this is the normal routine that we receive and then we won't hear anything for a while that has just been the past I'm hoping that moving forward that we can get some resolution from from Mr stankovich Lou Hatton bilding official as she Jody stated I did it as a courtesy because we hadn't heard a thing so 88 I took my typical checklist which says only completed applications will be accepted he comes down on the 21st he's got a tape on his knee all right that's great it wasn't until the 22nd at 2 o'l or 250 something that the the application begins to have some activity and he didn't get done till maybe five something or or well after five on on this point so I told my girls in the office that I would do the intake so as they did I took the checklist went down item for item what wasn't submitted what wasn't submitted what had I had had some issues with and this and that I did at the end just make the statement that to protect him as well as the public if if he happened to sell the house that I wanted the trust is certified I know he has a PE and and that's great but I think the manufacturer of the trust who knows the gusset plates and knows what they're supposed to do and fabricates them would have the prime attention that I want to see whether they would even accept it at a time I've got pictures right now that are dated 217 of 2021 leaning against the house the sheathing wasn't inspected till 810 of 2021 five months later plus the condition of the discoloring of the trusses if I may yeah yeah thank you Lou's two thank you Lou don't they come certified and we all have seen projects even on East Ocean where uh P homes did a six Flex multi-unit twostory they could build that and have the trusses the floor system and the Roof System done in two weeks m this is five months the deterioration I went there Tuesday before he had his Hearing in July me Bruce Duncan and vle Lorenzo took a drone flew on top walked inside to inspect multiple trusses were had damaged or busted busted webs the the tie downs and everything had not been completed the paper on top had was exposed for six seven who knows five years six years manufacturers on those may be gave you 60 days six months um when I worked down to courts Lucy I would get on the turnpike from from pump City go say there was one house that I observed for a year exposed the 30 lb fell 30 lb fell by the time he came back into the building department to get that thing permitted and get it back going inch and a half of the top of the trust cords was rotted wow he had to get a specific engineer to reconstruct them in place before he can go any further the condition of these trust is I do want them certified I'm not protecting him I'm protecting him and the public and on July 19th Mr stankovich wrote an email to Mr Hatton Lou it was nice meeting you on Tuesday I want to touch base with you and Bruce about findings from Tuesday when we were talking Bruce asked me about the plan to move forward I wish my engineer was still there when we were talking that what I did after our meeting was I went over with the engineer all the concerns that were brought up when you and Bruce were there I think the main topic of importance was the two roof trusses that needed to be corrected and engineered he said that it's not a problem to do this and also agrees that this must be done correctly there was some plywood that needed to be changed the fascia needed to be finished replace some of the missing peel and stick and then tar paper the entire roof before final shingles the finishing of the strapping should also be done at this time with the double and triple beam strap upgrades everything listed above is for the completion of the outside of the house I do realize that the second floor plywood needs to be corrected and recovered for the engineer while the roof is being finished the windows can start to be installed the height of the opening is oversized for common window sizes and will need to be bottom filled and sealed and windows installed the garage doors can also be installed at this time the stucco can be started immediately all the block will need to be specially primed since it already has a light coat of paint so the stule will adhere once the lower windows installed then the stucco can be continued up the short area of the driveway approximately 20 ft from the overhead garage doors to the already existing pavers will need to be poured once the Stu goes done the entire outside of the house we painted and completed at this point Landscaping can be done I checked current pricing as compared to 2023 when I put in for the plan review with the city and it didn't go up much I have the funds in the bank to complete the house inside and out my plan is to complete the entire house and get the CO ASAP I will electronically submit the building plans immediately after the board releases the unity of title the day I get the plans accepted and stamped the very next day I can start to work on the house again I will be using my engineer Adam Hart to be the licensed private provider to perform Building Inspections since he will be on site very often until the house is complete we will submit the required electronic documents to do this when we when submitting the plans the drainage issues have been addressed and everything appears to be working I did speak with Rob long who's the owner of the house next to me and he agreed I did everything possible to address the water issues I have a letter from meline the neighbor up there up front that there are no problems she added sod and gutters to keep rainwater away from Ro Rob Long's property there is also drain piping running the length of Rob's house to keep the water away please let me know if I've covered all the topics of discussion needed for the board hearing on Monday July 22nd in an email from my attorney Tyson Waters to Mike mortell I did agree to have the outside of the house completed from one year of the building permit being approved the other concern was rainwater and damage that has also been addressed it's very clear that before we ever came before this board that rainwater damage and storm water has been the primary issue on this property since 2019 now the reality of it is is it's the board's discretion and for staff we it's fine with us if you give the extension that's great it makes it so that when the Neighbors come and yell at us we can say we've done everything we we wanted and that's why I put it on the agenda because I know that these guys are getting tired of getting yelled at okay so let's we we there's been no motion yet correct Mary right so let's get a motion in a second because there is public comment correct Mary i' like yes I was I'm sorry I don't is there public comment on making a motion but I don't know if that was I think Mr Mr um he was going to make a motion with 60 days I would like to still keep it to 90 days but that's up to Mr I don't if Mr Collins made a commotion or whatever we'll see so I'd like to make a motion that we do 60 days and then roll into this process the 90 days that Mr mortell is talking about is once that process is initiated so I'm saying 60 days of grace you you're shaking your head you feel like that's confident but uh that basically it's going to automatically roll into this process and we're not going to be having to hear this again so you're you're giving me this like I just okay let's just's motion second second there's a motion and a second okay clity the motion is sep no to extend the deadline set forth in the resolution until nove till November 22nd or 23rd 2024 is that right yes and that the item never be brought back to that it auto and that it' be automatically directed to the City attorney to adjudicate the lean and move forward with forclosure if they're not complete is that the mo is that the you agree with that yes and I have a question I seconded and I have a question okay Mr Mor wait is there any public comment questions I do have one okay U Barbara Taylor Miss Taylor are you still here at 10:20 she's G I think she loves is that it Mary that's the only one okay questions or comments from the Commissioners on this okay so I have a question Mr Mayor is that okay yes what is the impact of this $5,000 check that he he he um proferred today Mr mortell Mr bagot he didn't profer it today but it doesn't it's the purpose for the check was a construction Bond it was to to allow sufficient funds to restore the property in the matter of a default but as I pointed out when he came in before I told it was for demolition of it if it was safe structure but at some point um there was a property on East Ocean Boulevard that stood there on High School Avenue for 12 years that was was never tear down and the the city has a policy of doing the bonds when he came in the day before the deadline ran I immediately told Lou don't worry about the bond we can make him get the bond by the time the permit is issued because it's not like he can just walk in with a permit and we issue it it's got to be reviewed by all the different departments and all the stuff anyway so I wasn't letting that hold up the deadline by any means it wasn't even a concern quite frankly I don't even care if you wave the lean on or the wave the the um $225,000 bond that doesn't matter to me that's just normally a standard practice of the board doesn't matter to me it's just a remedy that would be used to secure the cost of doing the Foreclosure or the cost of I don't believe the motion currently before us addresses that issue is that correct right now it doesn't Okay so let's proceed with discussion on this specific motion any other good Mr Reed commissioner Reed my only question or comment would be hopefully you can do this within the next 60 days because then it gets passed off to Lee bagot okay right my comment would be that you were just given a date I didn't see you write it down well no no I I have a question about the date because you know on 7:22 in front of the commission you know I agreed to have the outside of the house done by um 722 2025 you know was one year and what I asked for was one year from the issuing of the building permit was what I was hoping for but because we already that this this motion doesn't resolution says I think the resolution says it anyway I don't have it in front of me but I think the term of the resolution has the condition on the resolution says um one year fromit it does say uh but does the motion change that then completing construction on the exterior of the single family home described in the permit including landscaping and addressing the storm water issues to the satisfaction of the city building official prior to July 22nd 2025 so it doesn't say one year identifies a date because I would asked for one year because already we're in two months into that one year and I was hoping that it would be one year from the issing of the building permit I'd like to comment Mr sankov Vin you've put the city in a terrible position you have constantly misrepresented the facts regarding this you have constantly misrepresented what the staff has done um we are ignoring the Peril this building poses to your neighbors if this house were to catch fire and cause other homes near you to catch fire I am sure we would get sued and we should be sued this is open and flagrant Defiance of this process the problem you have is I just went through this myself and the city would have questions of of me and additional requirements and I was able to satisfy them within a day or two because I hired contractors and I hired competent people so your excuses about these time frames just makes no sense especially in the light of the fact you've been at this for seven years your lack of getting a drainage plan is a danger to your neighbors houses and we're ignoring that and I'm not willing to ignore that any longer um I'm not willing to give you one more day I'm not willing to give you one more day and I will not be voting for this motion um you just show no willingness or ability to move forward and to deal honestly and straightforward with with the staff who are making every effort to help you and can I respond if you wish well the staff has been very good to me I want to say that just all along because when I went into this I never built a house before when I started I didn't even know what a Unity of title was until Mr mortell pointed it out to me I had no idea what going into it a few years into it I didn't know that there is two more Unity of titles on top of a county Unity of title so you know the because the house is in the jurisdiction of the city not the county but the county had a Unity of title on it so it it took a long time free for Tyson Waters to get that release finally so I'm finally an attorney Mr sankovich they could have solve that problem for you is there any other discussion regarding the motion if not call the role please Public public comment we did public comment oh yeah the tra wasn't here call the role please commissioner Clark uh yes for the motion that I seconded commissioner Reed yes yes commissioner Collins yes commissioner goobe no mayor Rich no so do you do you understand no I don't understand that okay so he can speak with the city attorney or tomorrow I'll rep restate the motion the motion was to Grant a 60-day extension to the terms of the resolution that were set forth so so until November of 24 you had have to submit the complete building application and have a permit issued or the City attorney is then instructed to move forward with the Foreclosure okay and the it still stands for the 2025 to be the resolution has not been amended but I suspect that if you get real close you could probably come here before this commission next summer and show them how hard you've been working and they would show you that's what we talked about the last time is that if I try real hard you know I'm going to try to get everything done please get done right and get rid of the the fines obviously because there's no way you I could pay the fines so thank you very much so we pulled 10 correct we pulled 10 yes T table 10 I'm sorry we're at item number 15 so we're on item 14 14 we're getting there very slowly but we're going to move along now and oh yeah hear the man so Mr bagot will you do please read item 14 for our consideration ordinance number 2531 d224 an ordinance of the city Commission of the city of Stewart Florida amending and restating the city City's Land Development code more specifically amending Section 2.6.2 3 entitled reserved and inserting supplemental use standards for non-medical marijuana dispensaries amending the land use table in section 2.02 .02 to include non-medical marijuana dispensary as an allowable use under certain uh conditions amending section 3.01 .03 to establish parking requirements for non-medical marijuana dispensaries within the urban code districts amending Section 6.1.1 3 to add off street parking requirements for non medical marijuana dispensaries amending chapter 12 definitions for conforming terms amending Chapter 30 of the code of ordinances to prohibit smoking in public parks and recreational areas providing for severability providing for conflicting Provisions providing for codification providing an effective date and for other purposes and just remind you this is the first reading but we do U have a presentation from Ben Mr hog I see you ascended to the chair and have a presentation for us yes evening Commissioners um Ben Hogarth for the record uh just for the sake of brevity tonight I'm going to keep the PowerPoint um as much to a minimum as possible just to go into the brief history of where this came from I I apologize if there's any puns involved with marijuana tonight they're purely um just random so uh totally non intended but uh with that said uh at the June I believe it's June 24th but the second meeting in June of the the commission um the commission decided uh determine that it would be in the best interest to um consider if recreational marijuana passes the um the ballot initiative I'm going to go to that um in November uh we should head off potentially where these uh dispensaries could go and be located in the city um and at the time the commission uh determined that it'd be in the their best interest of the public that um we try to kind of prohibit and and limit where these uh dispensaries could go in the future particularly in the downtown area and so obviously there were some historical considerations in the last decade or so of these uh ballot initiatives passing in other states um concerns of what it can what can happen to your downtown area so uh staff proceeded to uh look at um similar ordinances in other cities other states uh and one of the reasons why we're doing this is because we have a high degree of confidence that Amendment Three can pass um it's polling over 60% in almost every poll um that we've looked at uh there's no guarantees but in consideration of that we've moved forward we have drafted uh a basic uh ordinance that covers um for the most part Land Development code and then there's a small section which we can um get into that that deals with uh the where smoking is prohibited and so we add smoking prohibition um along the Riverwalk uh in the downtown along around our Parks um so that's really the the intent of the ordinance um and the timing of it is specific to recreational marijuana and so to hopefully not confuse anyone in 2016 medical marijuana was adopted uh in the State of Florida by the uh the voters uh in in Martin County I believe it was over 70% approval rating um on average so it's just something to consider right now polling uh for recreational marijuana um in the 60 plus per tile right now so with that said um the there's a pretty extensive agenda item that's been attached uh the most important aspects to this are kind of distance requirements one of the uh at the LDC meeting on September 12th uh City staff met uh to discuss with the sorry I should say the LPA on September 12th we met with the LPA the LPA gave us a little bit of direction one of the key ele of that was to increase distances um from from a basic 500 ft uh to 2500 ft and those distance requirements um tie into where dispensaries uh are separated from one another and 2500 ft where a dispensary would be located um away from a school so I'm going to bring up a few Maps actually just to uh show kind of what we're talking about here so see if I can increase this a little bit in size um so this would be an example of a 500 um foot buffer from institutions in the city which would include churches even so we we made this um to include churches and schools uh to generally show where just prohibiting um via distance requirement um some of these dispensaries could go I'm going to zoom in even further so you can see the downtown so obviously just a map like this unto itself doesn't completely uh prohibit dispensaries from going downtown the the goal of course being to try to make this use applicable only to the US One Corridor um where it can be kind of better regulated um these businesses aren't all on top of one another so it's important to see that even at a 500t buffer U there's a substantial amount of the city that's already covered and would be uh prohibited from having any further uh use of this kind so most of the downtown but it doesn't cover everything now that's only 500 ft and that's minimum uh legal the LPA requested that we look at a 2500 buffer and so if we do all institutions um and just institutions not including Parks so churches and schools only at 2 200 fet this is what we get yes um and and so you know one of the things that we talked about in staff is is how do we not outright prohibit the activity um which more or less will will you know be something I'm sure that the state will preempt us from being able to do in the future we we don't know for certain but it's something they've done in in other issues uh but how do we allow it in and and prohibit it from the downtown area which was really the direction we received at the beginning uh from the commission but at the same time still kind of allow it along that US1 Corridor the problem with 2500 ft when we apply it um ubiquitously to all churches and schools as it's covering the whole um City interestingly enough um I I spoke with our GIS technician today we looked at a 2500 bu buffer foot buffer from just school so not the churches not all these institutions and it covered an area that was very similar um there's going to be some differences but it covered an area a square foot area that was very similar to just the 500 ft of all the institutions so again the LPA directed staff to um to look at only and their recommendation of course of the commission is only 2 200 ft from schools and we didn't at the time we weren't really talking churches per se that came up in the discussion um but their specific kind of recommendation to us was at least 2500 from schools and so there's a couple of ways we can solve the distance requirements and part of tonight um even though it's the first reading is to just get some basic Direction and guidance from the commission on what the commission feels comfortable with um obviously we're trying to do this before the ballot gets passed and adopted uh in November um 2500 ft however just looking at this map again uh covers almost and I'm going to go north of the bridge here um almost the entire US1 Corridor would effectively be um prohibited from any kind of use at 2500 foot buffer from all churches all schools if we did only schools that's not the case even at 2 500 ft um so that would be kind of the first um element there's a lot of other uh parts of the code that we cover and maybe I'll just take a moment to stop here and and at least on the distance requirements since this is one of the most important elements and kind of gauge the commission on on um place I could sell them would be the [Music] marinas do you have a map that shows just the schools uh unfortunately we didn't have enough time to get that ready for today um we can bring that back for the the main hearing the second hearing um when we have that and that would be something that we could would be happy to include and compare when I looked at it very quickly this morning um with our GIS Tech it it covered an area that was very similar to what you see here it wouldn't effectively prohibit the downtown and for what it's worth something else that staff also discussed because really the commission's direction to us earlier was we just want to exclude it from the downtown and we thought well if if code changes if zoning changes in the future and we just you know if you look at the draft ordinance we're allowing it in the business districts we're allowing it in industrial we're in this draft we're allowing it in in um cpud uh and even Urban Highway if all of those codes changed in the future if that zoning changed then suddenly this would have to be updated what we've decided to do to try and head that off in the future is to also create this map and this is also cited as a figure in the draft ordinance that we would update for the second hearing and finally ing but this would survive regardless of zoning changes this would be a Prohibition um generally downtown of all the the parcels that we've identified here and this can change and this is just one of the zones it we we didn't know how far down we should go down ocean we had a lot of discussions so if you go far farther down to the east down Ocean Boulevard um I forgot what street this is we cut it off at sorry what was it oh Palm Beach Road that's right um so we went as far down east as Palm Beach Road in the exclusion Zone but this is a draft and it's something that we want to show the commission the idea here is obviously not us one is not covered in the exclusion but the entirety of the downtown is man are we assuming all the current dispensaries will just become that's a great question it's it's something that we talked the way the ballot initiative has been drafted sort of implies and more than sort of that the first businesses that will turn key over to recreational marijuana dispensing are the are the medical dispensaries now right now in code we're prohibited meaning preempted from uh further regulating the the location of those dispensaries more than we do with just basic pharmacies the problem is that unlike regular pharmacies these pharmacies tomorrow I mean tomorrow I mean six months after adoption uh of this ballot in November could potentially be selling uh cannabis recreationally U we're not saying that's you good or bad we're not taking a position on it what we're saying is uh we really haven't regulated that and you know there are businesses downtown that could start you know sending in applications and getting ready with the anticipation that that's happening and once they're grandfathered in there's no you know undoing that um and so what we're trying to do is make sure we get something on the books before that happens I would like to see this extend to at least montere personally okay mat and I like the idea of the zoom out there 2500 uh foot distance from schools and churches yeah and this would not include the East Ocean overlay because that would be ripe for it on it needs to be on you needs to be in more industrial areas my opinion so right now um as you can see it goes all the way down the Flagler Park um does not this map does not touch any parcel that ABS US1 for the most part there are some caveats here where the frontages um are not really considered uh US1 but um for the most part the parcels do not abut US1 the ones that we've prohibited here so we've tried to maintain that just remember whatever the excl so if we take this exclusion Zone that ends at Palm Beach Road and extended as far down east as Monteray we can do that um the the other caveat that we'll add is this is going to survive simultaneously and concurrently with those distance buffer requirements so so this will will always be there the this would be exclusion no matter what but then if we go to the buffer requirements even when you get to US1 and this is just a 500 foot from churches and schools these also apply uh so whether we have a 500 foot buffer or a 2500 foot buffer there's two distance requirements one is from dispensary to dispensary so that's one distance requirement the other is just from a dispensary to a school or the institution whatever whatever we word that is right now the language in code is only schools so we've kept it bare minimum to what state law says and it's it's up to the commission to to tell us like you know how far we take that um of course the concern being if you take it so far that you have this map now you've effectively prohibited it so those are the boundaries that's 2500 that's 2500 is so it would wipe out us one commissioner Collins let you know yeah but that other map that you brought up Chris it has um it's just the downtown the exclusion yes ma'am what is this based on so we used uh the formula based code as a starting point um and so we have that as the downtown and then as staff discussed more and more again we didn't have a whole lot of direction from the commission at the time we said okay well if if we were you know those of us who have traveled the states and have seen you know these locations in other states you know there's 30 have adopted marijuana laws you know what are the pains what are they dealing with um what are the problems what are the deal the issues even for commercial businesses let alone the culture they can create downtown we realized that the commission was really on to something about we don't want you know 10 of these shops congregated in one spot downtown so the exclusion map again the purpose of this is so if zoning were the change downtown this exclusion Zone would survive on its own and again uh I'd like to see it extending to Monteray because something to consider is like homeschool right there's it's not just schools where kids are you know you want to get away from you want to exclude it from those residential neighborhoods and around I would like to see if you could bring back a few different Maps um obviously one sort of extending that out a little bit but also right let's say like 1,500 ft from schools and churches right and then maybe even potentially dayare yeah dayare any anywhere where there school does it there a dayare dayare count is school yeah so we we had a lot of discussions about the daycare I don't want to say it's a slippery slope it's um if a new daycare were to open up um or want to open up and you know there's a dispensary within the Zone there's a lot of different the home a residential home could become a daycare potentially in the future and it it's almost like we start blanketing the map and creating a lot more uh challenges the other problem is that we're such a small City even even a 500 foot buffer just to schools will functionally create that plus the exclusion map will rule out almost the entirety of the city except for these these pockets of US1 um which again is sort of the direction we got from the commission originally is to just keep it to US1 um if we have the 2500 foot buffer that the LPA asked us to to look at that 2500 would only apply to schools so really it's a kind of a gut of the commission is what's more the priority for you is it to cover more of the map with many 500 foot to to apply to everything or keep it to kind of the schools but do these huge distance requirements that cover far out so it's it's you know what what is the priority really of the commission is it more about where the schools are or is it I actually don't like the idea of putting them all on one I mean people are going to drive through town and like you know wow this is a very high Community I'd like them to be have the ability to be a little more concealed off the beaten path plus you put them all on one boy that's really going to slow traffic down yeah it's true so so it's interesting um we we we we we we apparently have six dispensaries already in the city that we could identify um one is north of and this map kind of shows you uh where they are north of us one there is one here I believe on the east side only six in the city boy it sure seems like there's more than that there that we could ident now the difference is there are probably marijuana treatment centers mmtc's you know doctor's offices doing the prescriptions and all that but as far as those we could identify as actual dispensaries selling cannabis products um so most of them are separated except well I say most but there's three right here that are so close together right now um staff talked and and we'd probably have to write in an exemption to these three from the distance requirements from one another they already exist my my fear would be the day after that that we adopt an ordinance like this and then the amendment passes uh which of these three is the first to to well first of the three to get the uh option to sell Recreation and that opts the other two out so let's do a barge I'll put it out in the room right we have do a barge they have to go to it and then come back so I I I know I know it's late and we didn't want to get into every micro detail tonight at this hearing um some direction for staff would definitely be appreciated at least uh going back in rewriting um some of these these parts this is a just to clear this is the first reading we don't need to vote do we Mr we have do is read and move it to Second yeah we do need to give try to give him some direction did you get feedback from me yes sir there's also restriction because it's only going to be allowed in certain zoning we had in the the the business districts and CP puds and IPS so that also would limit it where it could be as well so between the setbacks and the Restriction to those specific areas you should probably be able to show us where they could be yeah rather than shows where they can't be shows where they could be and and and we probably especially if we do a 2500 foot buffer map specific to schools only and then we take that with a zoning overlay we can show exactly everywhere they could go I like the idea all being on us one I don't like the city started to do a zoning in progress um when the uh referendum for medical marijuana came forward but when the city of Stewart voted 86% in favor we decided the zoning in progress wasn't necessary I'm I the more the intention of this this ordinance wasn't so much to do a complete ban of marijuana sales as much as it was to make sure that we regulated it from certain areas of Stewart that we didn't um necessarily think were the most appropriate I I think that you're going to find when the vote comes in that there's a lot of people in Stewart that really don't have a problem with the with it being cavab bar different than legal marijuana I don't well I mean I I don't know yes I think that the cavab bar is legal and marijuana is not but it soon will be but right they would be right so good luck B yes sir and and just to clarify again the the 2 200 ft from schools with acceptable to the commission well the state law right now is a th000 ft from schools like it's a crime to sell drugs within a th000 feet of a school that is an enhancement I don't know why they have to be so far away from a church honestly don't well again when we spoke with the LPA it was only the the schools yeah all right do we have public comment on this Madam clerk I do actually Frank mistal I need you to Frank MST before we send you away Mr hogart yes sir I'm gonna need one exemption from you guys who was called okay Mr Mr mccristal let me pre where have you been hiding let me preface my comments by obviously admitting that I'm a certifiably crazy person out way past my bedtime however there's some that isn't isn't driving with this for me I've been sitting on the uh crb board for almost a year and it has I didn't know it was going to be the artsy fartsy board you know I had no idea that the powers that be especially the previous two commissions and all the who's who of the city of Stewart are systematically trying to turn us into Key West and province town okay and so I'm thinking if there's one place where you need to sell weed it's downtown it's perfect oh and by the way all those people that be attracted to Transit oriented development the ones who don't like cars can't afford cars they don't have to drive anywhere to get their weed so downtown is the place to sell weed to all the artsy fartsy people you can take that to the bank that in your fight I have Robert [Music] Hamilton I can't wait Hilton that's Stewart and there was a church in South Florida in the 80s called the Maui B yawi there you go and I might decide to change the church and maybe that will be the thing to do but on a serious note it's interesting that the map we saw what I want to know is what happens when the Christmas parade is happening and we're all sitting down there watching the parade and the people are getting hot but now the people say wait a minute my doctor is my dealer because a lot of the elderly which I was shocked do a lot of the huffing and puffing and there are a lot of locations here but on the same note but a little bit different I notice how the Committees got together to deal with the marijuana issue just like Mr Mortel and Lou was just dealing with an issue with that gentleman with that building well as I said before the commission you have the power you control the city he runs it he gives you your legal advice I urge you to take what I said earlier seriously you have the power to resolve this I will share the letter I received from the governor with you oh was probably working on it now with that said have a good evening and uh now I know why Stewart's a happy place will be I have Carol an [Music] Leonard welcome M Leonard well I wasn't expecting to have to speak on this issue but I would like to say I think things are getting a little bit overboard can you say your name and address Carol Anne Leonard 1712 Southeast Jackson well I don't want Stuart okay anyway there's a lot of things to consider yes we don't need dispensaries all close together we don't need uh things by the school I don't understand the church issue yes um there's a lot some places but I think you know you then it's dayc carees then it's that then it's this how many things are you going to say you can't smoke next to I mean you have to be reasonable and um you know I understand all this and I understand that you that that we need to take the time and consider everything and make it fair to everybody thank you thank you and and for clarity it's you can't sell right you can smoke it anywhere well I think the state's probably going to regulate the open smoking of it to be prohibited but we'll find out I think the Christmas parade will be just fine right right is just on the sale establishment selling okay Ben crystal clear right absolutely we could be a little bit more thorough in the second hearing those motion to move to the second move to yeah do a motion to push it to the second reading okay can we have a motion please to move it to the second reading I'll make a motion move it to the second reading have a motion by commissioner go second second by commissioner Collins any discussion further discussion seen n all in favor or roll call please mayor Rich yes commissioner Clark yes commissioner Collins yes commissioner goobi yes commissioner Reed yes okay the final item D and D discussion and deliberation item of this meeting what we still have the budget meeting after this meeting's over just saying yeah I said the final item on this maybe yeah just on this there's still the what happened so this is there's no motion here there's Mr commissioner Collins has already made extensive I um a few more points but I'm sure you do I scheduled this on the agenda for D and D at the request of um the commission last meeting and um I intentionally didn't do a presentation because everybody knows the story there's no reason to go back and rehash it um I wanted to say that um it's fairly common that I'm asked well what Authority are you doing or what are you doing to communicate with bright line and and and I want to be clear that it's none I'm not I'm telling the county and brightline that I have no Authority because because I don't um the only Authority that I have right now is to follow the December 12th 20123 interlocal agreement that the city signed with the county uh commissioner Collins made reference to it earlier today um I can read from it if you'd like but effectively it says that the city will in fact enter into or did in fact enter into a local agreement with the county in that the city would agree to accept the land from the county and enter into a long-term lease with bright line uh to use that property as a uh train station and parking for same and that the city would pay the costs of the parking garage necessary to meet the needs of the RFP which is to 200 parking spaces in addition it says the city would provide 54 additional spaces within 0.25 miles of the um courthouse and um I had been negotiating with um the county to agree to place diagonal parking of approximately 54 spaces on stman Boulevard directly across from the baseball fields right next to the courthouse but I also on a technical level reviewed the um surrounding area and there is already 54 spaces being provided by the city for public parking um within that range so technically speaking I wouldn't have to even stripe those I think it would obviously the spirit of the agreement is that I should stripe those it's also my intention that in the event that the county goes forward um with bright line and a station ends up at that location um I would make all of the parking surrounding the courthouse and um the baseball fields and everywhere around there a 3-hour parking um the reason for that would be because the parking that was at the bright Line Station would be likely to be used for people going on longer vacations and instead of them parking for free and leaving their car on the street for 7even days we would um have the three-hour parking which normally will cover a baseball practice in the afternoon it will cover anybody going to the courthouse for anything and then we had already talked to the clerk of courts about providing Courthouse personnel with stickers so that their cars would be exempt so that they could obviously Park in those spaces without concern for getting a citation so as I sit today I have that Authority because that is what the commission has stood behind but that as a result I have done absolutely no discussion with the county and no discussion with bright line uh unless I'm directed otherwise I don't have any authority to give them okay although it's not required thank you Mr mortell it's not required that we have public comment with a DND D but it as a courtesy to those who have stayed so long if anybody would like to make public comment on this issue I'd like U provide you the opportunity okay Madame clerk Walter ly without objection from the other okay thank you and then we'll discuss after yes good evening Commissioners I'm Walter Lloyd Cabana point I'm here tonight to say thank you and express my appreciation for your responsible decision not only to resend the deal with bright line but to choose the only way to ensure negotiations for a better deal for the taxpayers in this past election people spoke loud and clear that they were ready to slow down the irresponsible growth of the past administration and allowing developers to get anything they wanted against the Legacy culture and environment as defined by the comprehensive plan instead the comprehensive plan was modified to fit the request of the developers with little regard to the effects to our quality of life it's your responsibility to be good stewards of Stewarts tax dollars and you have stood true to your campaign promises to change that irresponsible trend of the past and to limit our tax dollars in financing private business and pursuing responsible growth now you're faced with pressure from special interest groups to ignore the financial well-being of the vast majority of your constituents for the sake of their financial well-being the irony of this whole situation is that their businesses are supported by the very taxpayer ERS they seek to pull finances from while demonstrating their wishes to have you ignore the financial impact of those same taxpayers those who are opposing your decision to resend this deal are conveniently ignoring the reason for the decision which was to stand true to your promise to your constituents and negotiate a better deal for the taxpayers so please keep up the good word thank you thank you Diego Jaren finally Diego I even wear yellow they told me to wear yellow um my name is Diego Jaren um I live in Palm City with my wife we've been uh living in the county either here or in Palm City for uh 20 years now my wife is a doctor at the Cleveland Clinic and I'm a systems engineer um I actually travel three times a week to Miami I work in Miami and I take bright line three times a week I drive to West Palm and you know I take the train from West Palm to Miami three times a week I have a very high pay level uh high paying job in the high-tech working for Western Union I'm a manager is in the Western Union uh digital Bank my message to you guys is not for me I am already working there my message to you guys is for our kids I understand that there're you know the gentleman has his opinion and there's a lot of older folks that have a similar opinion but I want you to think of our kids the the future Generations there's thousands and I mean thousands of high-paying jobs in Miami and in Orlando that our kids are going to be able to have access to if we provide them the means for transport to go to get those high paying jobs and I'm talking I'm I'm talking very very high paying jobs talking jobs that pay $150,000 a year $200,000 a year jobs that absolutely do not exist in stward maybe in boka but certainly in Miami and in Orlando so this is something that I want you to consider um I actually brought B an article from refresh Miami which is a magazine that speaks a lot of things about Miami and they say that the Miami day research Council they have published that 14,8 18 jobs are calculated to be created just this year most of those jobs the are of those jobs is $98,000 so I I would like you to consider that and consider that deeply a lot of our kids we would love them to stay in the area but if they don't have the jobs to stay in the area they're not going to do it but if they can access jobs in Miami and in Orlando through brid line they will consider it so this really is a petition not for me but for our kids thank you very much thank you you carolanne [Music] Leonard and after that is Nina Brody okay uh it's Caroline l Ard and Stewart um I support having a bright Line station and a parking garage in the city of Stewart listening to uh commissioner tonight it seems there were some comments about scenarios that may not happen that's my opinion uh bright line I do think should pay for part of the station um in addition to fast access to travel and events I have another benefit that I think should be considered it's to allow people to travel to medical facilities we don't have in Stewart some in West palmach beach bokeh in Miami now in 2009 I did go to mangonia park I took TR rail all the way to Miami I connected with the above ground subway system did a short walk from a station to a motel near where I always to have surgery the next morning I took a shuttle from the motel to the surgery center stayed overnight and a friend from Stuart picked me up the next morning when bright line goes to Tampa there's the renowned Moffet Cancer Center it sure would be better to ride a train than drive over hours to get to Tampa we need to support bright line now so it can grow and help us with other things like commuting to jobs lessening the traffic on major roads and lessening the emissions that lead to climate change it's possible to do that now with the bright line connection to tr rail thank you Nina Brody Nina bro 41 Southwest seminal Street I'm here representing once again selfish Cove 30 residents four offices four retail first and foremost I'd love that if Mike mortell could get Authority that he needs to speak with brightline on behalf of the city I've been fascinated with Mike's intelligence and the ability that he has to make presentations Lively and have us understand the issues so last time Mike I came in with a lot of um thoughts that were Pro bright line but the way you were able to share the comprehensive plan the Tiff the CRA and kind of put it all together for us that the forefathers of the city of Stewart have always wanted it there's a picture outside of a train station to not have it um seems ridiculous um that being said here we are again till 11:00 tonight uh we're just getting started on the opinions here last time you had to listen to us for 5 hours so I don't think the repeating of the why is needed you've all received the emails you've heard from all of us we rallied but I do think um to underscore the jobs issue for our children we had a rally outside and that is what um was talked about a lot we we want our kids to stay here I will just say I have a kid at University of Miami um she was here this summer because she had an important internship in West Palm Beach she drove in my car every day cuz we don't even have enough parking for a third car um to embarrass her she hit another car on the way she hit a pole in our parking lot $55,000 worth of damage to my car um and while she would love to work at that company again she does not want to do that drive she did it for 12 weeks day in day out took her two hours there two hours back all she could do was put her head down at night so she's going to live with my mother this summer not us and she's going to live in Philadelphia and work at Comcast so we just lost someone um who could have stayed here and worked in some of these big companies in West pal or um Miami as the gentleman said and when these people live here even if they work elsewhere they don't want to go there on the weekend they spend the money in Stewart on the weekend when they come home hungry they spend the money here so last time we heard so many businesses say especially Cafe marer that was sitting right here they thought they were going to go out of business but they held on because the bright line was coming they spent a lot of money trying to get themselves ready I live in downtown Stewart I see the business is leaving we hear from the businesses that they can't stay afloat so I'd hate for us to lose the ability to have the bright line love to hear Christopher Collins that you're open to the bright line different sort of deal but if we don't authorize someone like Mike to start talking we're going to lose it to someone else thank you I have Roman Bianco who Roman Bianco is is anyone out there okay next David hugle um first of all uh Cava bar is different from a marijuana dispensary don't ask how I know that second of all could you state your name and address please uh David hugle 6531 Southeast Federal Highway uh second of all um I'm actually coming at the tail end of this whole bright line controversy um I moved from West Palm to up here with my mother who retired well was about to retire and so she's coming to steuart for that and um I was very excited about bright line but then I learned that oh there's some kind of problem and I see on the news that oh it's sounds like there's some like moral issue that oh it's not really fair that you know they're asking us to spend all the money to um build their station or whatever but is that true is that accurate is that like the main issue objection you really can't query the commission all right well all right whatever the reason I'll just be a witness and I'm one of these young people who has stuff in West Palm Beach I have potentially Orlando potentially Miami it' be very useful to off bright line uh nearby um yeah that's all have to say thank you thank you Frank mccristal think Frank set a record this evening on he's need a dispensary soon ski one uh first thanks to uh the commission for your decision on this already make no doubt that the pressure upon you in the future is going to be immense and it's not coming from the local yellow shirts it's coming from some big big people when you start your negotiation with bright line remember there's only one Stuart Florida there only one Martin County and they all want it the downtown station in Stewart is Step One In The Total Transformation of our community it's step one to again the transit oriented development a new lifestyle that the powers that be have decided that humans will we we packed into tight spaces live in tiny homes and use public transportation period the evil car has to go away why is Martin County the perfect poster child for that new new development because there is no there is no answer right now for our traffic issues because of the mistakes we've made in the past moving 95 so far out west that we can't even we don't have any we've only got two north south corridors so if there's if the big boys have someplace on their map to be the first example of this shining 15minute City in the sky this is it it's not Vero it's not for Pierce it's here so please when you start your negotiations keep that in mind they don't want to go anywhere else they want here you hold the cards okay so don't make them pay for half make them pay for everything in fact they should pay us just for being here all right thank you thank you and then I have Steph Vitali that's the last the last good evening commissioner Steven Vitali thank you for exhibiting effective leadership this evening I was pleased to see all of you making good decisions about things like the Starbucks you you were able to negotiate some some good concessions some reasonable concessions and that's what effective leadership is all about I disagree with Mr M mistal I think we're not holding the cards we we don't know what bright line will do I think they're holding the cards and I think you know my position and I think you made a mistake when you canceled the agreement but I'm asking you tonight to continue exhibiting that effective leadership that you did tonight with regard to the line matter this is so important we all know this is the most important decision to be made in the city in the past 100 years so you have three options as I see it you can do nothing that would be terrible I think I think all reasonable people agree having this thing go by 32 times a day without us being able to go get on it is ridiculous it'd be like having a Roman town that had an aqueduct going by and not being able to draw the water from the aqueduct we have to have the station it's critical that's why I'm here to tonight at 11:00 p.m. because I know how important it is the second option is to do something unreasonable to take Mr mist's position and say they've got all the cards let's ask for something too harsh that means we still get nothing what you have to do is be very reasonable like you did tonight and go for some type of a reasonable concession and then there's a chance that you made a bold decision you made a very bold decision okay and now you can you can look like the heroes and get something um and every I'll be the first to say you were effective leaders if if you make this happen if you don't then I'm going to say you weren't effective leaders but the you have the power and it all depends on how you look at it and I and I think you need to somehow give Mr mortell authority to do something that is reasonable that's what the next step is and I ask you to do that thank you all for your time tonight very much thank you Mr Vali thanks so uh commissioner Collins already started so commissioner Reed do you have any I think commissioner Collins mentioned quite a bit of it you know with what the public felt um it wasn't necessarily against the station it was all the things that commissioner Collins stated as well um so I really didn't have much to add I mean the whole two stops a day North and southbound I didn't think that was good for the residents um you can't really go down to Miami and expect a ride back if that's what it was based off of ridership if it was true public transportation they would have had more than two North or southbound from the get-go so we wouldn't be in that predicament um also they wouldn't have 251 per price increases so drastically for people that wanted to use it um but I think uh city manager Mike has a lot of direction to head in based off of what commissioner Collins said potentially maybe if he can reiterate those are things that he's looking for to open up discussion commissioner commissioner Collins I need the board to vote three I need I need you guys to tell me not just correct and and I'm sure they'll get restated at one point with a motion general direction right you're not looking for a motion tonight I I don't think there's an agenda item tonight anyway so it's not yeah it was just discussion correct on what we're to looking for and a lot of things were mentioned already from prior board members okay commissioner JY do you have any comments well I do have a question so to give Mr mortell this direction um I know we don't have a motion but do we not need a motion to put it onto the next calendar so that there is something in writing no that we don't need a motion okay well if you wanted to put it on we would need a motion but to give him direction to enter and to start start talking new negotiations no we would not need a motion to correct Mr well right now right we don't need another motion to adopt the interlocal agreement that we have in place that's already in place so absent something other than that um I there's not much I could do but if you give me direction to do more than that I will do more than that uh first thing I want to say is like many of the Commissioners I've received hundreds of emails both pro and con there's there's both um opinions out there I want to thank commissioner Collins for giving a little Clarity to the to the people who were here were here earlier um in every email I get for the people who want bright line the the assumption is that we killed the deal and no matter how many times we seem to say it the only way to renegotiate was to undo that um lease and to undo those agreements that's the only way you're going to go forward there'd be no reason for bright line to negotiate with us if they already had a signed lease so that's number one uh number two I agree with uh commissioner Reid I don't know that bright line wants to be a commuter train because they would have offered certainly more um to Northbound to southbound uh maybe somewhere in the future there's more of that but as far as I know we don't even know a time for those Northbound and southbound trains if I'm incorrect someone please let me know but that was what was the agreement was very limited you have two Northbound two southbound I mean it could be 6:30 in the morning and you know 7 at night which doesn't leave much time if you're trying to get to Miami or back in one day same for Orlando um so I just would like everyone to understand the pro bright line people is that we really did this because the plan the the agreement was not in our favor I mean it's actually there was nothing that bright line had to put up other than their name and that's not an agreement that's that's not a negotiation that's not a plan for anyone except bright line so I would hope that you would support the fact that we are going to move forward with some good suggestions as to what the negotiation and what the plan should be um and that's all I ask for thank you commissioner Clark you speak Mr Rich do have no comment commissioner Clark okay I spoke before well I um I I think from a a legal perspective and I don't want to um re on anybody's parade or blame anybody and I I understand and I hear what commissioner Collins is saying but I just I didn't think that that was a way to go about trying to get um some change or something I think the county and other things that we've been disingenuous and I um if we're going to try to go forward we need to know that we're going forward and we're going to be asking Mr Mortel to move forward and to talk to the county and to um get us something better than what was apparently signed on uh uh the 9th or or whatever that date wasch no no just the one that a August the 9th um so Mr Mortel I'll ask again because the public is looking and waiting and they want us to make some type of decisive movement I know that this is not going to be the answer because apparently the reason why um there was this idea of of of resending uh is because it you can only be you can't be a little bit pregnant you have to be in or out and so um is this enough is it enough for us just to have this discussion or do we really need to take a vote to make it a strong thing that says that we're asking you to move forward speak with our our our commissioners speak with the County Commission speak with the um bright line and we also as individual commissioners ERS need to do whatever work we need to do but I think that we need to give you a chance to try to uh rebuild some trust rebuild some um uh uh some basis some guidelines some framework of what needs to happen and I understand what um my fellow commissioner joob is saying and I don't have the numbers but I know that for I don't know if it's for the entire system but at least I know for the system in our area for what's going into the Roosevelt Bridge 150,000 was it mli million plus plus the money that has been put into all of the lines and all of the work along the railroads I I I don't know that I I've known the number but I'm not even going to try to say the number I've talked to the bright line people about it so it's not fair to say that they're not putting anything we're talking about the station area there's a lot of infrastructure things that have been spent and the station area and the guidelines that we have from the uh previous agreement with the county um it that's that's what that is I just didn't think that we use the right method to come to where we are now but we are there I hear that there's interest in absolutely working with the Border County the Commissioners and working with bright line to get something that is going to be uh I guess not and I I you know we've explained this about whether it's going to be a drain in our resources and the fact of where the funding would and could come from over time and I'm not sure why we're still um not wanting to absolutely put our foot forward and say we're working with this but I'm willing to say I'm willing to let Mr Mortel work represent us if you need me I will meet and talk with others and I'll definitely I've been meaning to talk to our new um Commissioners they haven't even come in yet we still have the same Commissioners at the county but um we just need to really I'm not saying that we should say that we've made a mistake but I think that um from the resident their letters their speech and from what I'm hearing from our commissioners we really need to um just be firm on how we want to move forward and if we're going to authorize our staff to move forward then we need to mean it say it and mean it and hope that when they come back with information for us or giving them the authority to move forward let's let's do that commissioner Collins yeah so I would say we most certainly did not make a mistake and the residents also agree with that even in the TC Palm poll that was out more recently um the majority of people who were pulled support Stuart City commissioners resending the bright line deal so it's yes well ma'am I'm sorry it's the TC pom hold and that is the majority vote um so for me a couple of things before you know too many specifics I would say not to rush this right not to rush you're about to have in six weeks or whatever it is a new County Commission as well and and they're going to want to potentially have a piece of this we want to make sure we have something that everybody's going to feel good about and can own uh going forward you know at least for the next two years here so being patient not trying to rush something in with the current County Commission not putting too much pressure immediately being patient and making sure it's a good deal for all parties for me more specifically you know I mentioned the 50 5050 with bright line in the county paying for the station and tracks per the original agreements I would like to make sure that there's no Transit oriented development which is something that um Mike you did a really good job hedging in the previous deal but I don't want to see you know that triangle parcel or the um I I don't think we have to concern about that at all the county had remove that from their settlement yeah no I'm just speaking kind of my my thoughts on a new deal I understand um I I like I mentioned before with the ball fields you know I'd like to make sure that those end up going to referendum and don't somehow I don't think they're going to end up in a deal but that's something that's important um bright line having the rights to passenger rail on FEC tracks I think is something to consider um as Tri Rail seems to be trying to expand their routes so something that I would want to have addressed in an agreement is you know I know there's a lot of excitement around bright line but I haven't heard as much excitement around potentially TR rail coming to downtown Stewart so looking at that addressing that PR preparing for that possibility I know it might be a little bit in the future but it does seem like that's part of uh bright Line's business model is licensing that passenger rail uh to tr rail um the number of stops the number of stops is a big issue when I talk to people the two two Northbound two southbound is not enough uh presumably bright line does isn't going to want to staff that station for more than normal shift and have two shifts right but I think if residents here can't take advantage of getting on a train in the morning to go to Miami or Orlando and then let's use Miami and be able to get on like a buzzer beater train right for the Heat games to come back here what's the point if you can only get back on just after lunch to be able to get back it kind of defeats a purpose I know I'm not trying to be derogatory in saying this but in talking to people a lot of people like the idea of being able to go down have drinks don't have to worry about driving you can't do that unless you're staying in a hotel in Miami with the deal the way it was previously set up so making sure that if you know County and City residents are on the hook for any part of this that we're able to truly utilize it as most people assume they'll be able to instead of having them foot the bill and then it all comes out that no your last Transit too um yes I'm sorry I'm sorry I'm sorry sir public comment is over thank you all right and then other things to consider in negotiation I I think just to kind of throw this out there would be who keeps the $15 per day you know um especially if we're not necessarily Building a garage where we would be on the hook for om andm and I'm just kind of throwing this out there superficially well okay I just I just I want to be clear clear that I do not want the liability at all parking either so even a lot right because we have it's 24hour you got to provide security Etc if something goes wrong there I don't want to be the one getting sued fair enough just throwing that out I mean I just I don't think that it's a big money Banker I I don't think it's as lucrative as everybody thinks net net it's all right but with that those are my general sort of ideas to try to create some discussion so thank you so most of the objections there's so much misinformation about this and most of the objection seems to be based on incorrect information just tonight it was stated that bright line would have the ability to develop that brown field well that's wrong Mr mortell immediately stated that that's incorrect that was in the letter that okay but that's Mr Martel would you repeat what you said regarding that I did not it was immediately I notified them on March 5th but nonetheless this was a deal here's how deals work Agreements are reached and then they change the first agreement was between uh bright line and Martin County we were not involved okay the second deal was between Martin County and the steuart City of Stewart bright line was not involved we proposed terms to them they did except accepted some and rejected some then this is how deals are negotiated there's nothing implied in a contract bright line never riged okay their their first settlement agreement said explicitly the county would pay 50% and they left it blank they did not say bright line would be responsible for half because it was their understanding at the time that Fort Pierce was willing to pay for it all so why would bright line say oh well pay for half cuz they wanted a competition between the city of Stewart and Fort Pierce so they did not renig on that agreement um we decided the city and the county decided that we did not want to build the what's it called the track Hopper mic or the the bridge bridge the pedestrian bridge the city and the county decided they didn't want to build a parking garage bright line didn't force those terms on us we made that decision and so at that point of course the terms have to change we have to come to a new agreement because the cost of a four-story parking garage which we would have had that burden is enormous and suddenly we didn't have that so the other two parties go well wait a minute if they don't have to do that then so to call it renigging is to not understand how deals work um and how negotiations occur but I want to you know I want to emphasize a positive note here and I was reading this article about High-Speed Rail service being established out west and the community said they are striving to protect natural resources and provide the public with a new state-of-the-art transportation that is clean sustainable and reduces our Collective carbon footprint Studies have shown known that High-Speed Rail is the most environmentally friendly form of long-distance travel producing less Planet overheating pollution per passenger than cars or airplanes while also minimizing noise pollution and requiring far less space and I'm adding expense than roadways High-Speed Rail is also simply an easier cheaper and more efficient way to travel from a passenger perspective I want us to be a part of that effort I share all those goals I want to create less pollution I want to lower the carbon footprint and this is just not for the city of Stewart but we get to do it in concert with all of Southeast Florida with Orlando eventually with Tampa we need to find a way to make this work we share these goals this gentleman spoke about about for the children that's directly for the children this is for our children well into the future we need to take on this responsibility and yeah we're going to pay for it you're darn right we're going to pay for it because anything worthwhile you have to pay for but the benefits I don't think we can even imagine the benefits both directly I think it's a very good point everybody talks about people coming here and obviously the businesses will benefit but the opportunity it will provide our citizens to travel and access resources in other parts of the state safely not polluting it's just it's a remarkable opportunity and I hope that we can that Mr mortell can be successful and find a way and strike a deal that we can all agree serves the citizens of steart as best as possible um I don't I don't know if we need to get I mean is there any is there an amount you have in mind any of you Commissioners that you don't want to go over 15 million or I mean I I'm just trying to get I think we'll be sty in ourself if we do that okay fine do you feel direct do you feel um I feel that I have direction to tell bright line that the city will pay for the parking necessary to comply with the RFP if bright line pays for half the station but I don't know what half the station means so the but I'll tell bright so the county last meeting 0 I was speaking with a commissioner County Commissioner today to move forward with negotiations with bright line they want to make it happen they want the city to be a part of it well commissioner Collins is saying uh the station and track work for clarification for the RFP response for the RFP response okay I mean I can contact them I'll reach out to them regardless of the response I will bring it back and and relay that to the board I mean did you did you feel the original agreement do you think 15 Millions is too much for the city to pay out of the CRA commissioner Collins do you think that's honorous we're g to make it back I think we're gonna get in trouble if we start talking about dollar amounts specifically I think that's got to you got to get a little further down the line so this is a company that has oh the other misconception is is that it's owned by an Arab company it is not owned by an Arab company is owned by Fortress Investments out of Dallas Texas which is a wholly owned subsidiary of a Japanese company SoftBank which is one of the most prominent uh worldwide high-tech investors there is so I don't know where that rumor that sort of xenophobic rumor came from xenophobic um not that that matters but it's I xenophobic um you know they've invested Justin Stewart 225 million the tracks that doesn't include the grade Crossings which by the way they had to redo I can't they had to redo the one right off uh right commissioner clerk they had to redo that one down by that gives you access to 10th Street um Florida Street yeah Florida street so that was millions of dollars $25 million they're spending for the bridge um I I don't understand when you say they haven't made a contribution I mean it's an entire system you're creating strong men to argue with I I've said what I said and you're creating xenophobic things and I don't know where you're going you're kind of batting at the air okay I know it's late we should probably go to bed well we have another meeting no we have a few more items to address we move forward you're okay Mr Mortel or do we are we have have a I I'll let you know weour to talk can we adjourn and talk budget that'd be that be great this meeting yes that's what I said yeah are we all done with the D and D okay see no other items for consideration this meeting is adjourned wen't there other items we needed to do