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I'd like to call this regular meeting of the Steuart City Commission on June 22nd, 2026 at 5:30 p.m. to order. >> Mary, if we could do the roll call. >> Mayor Reed >> here. >> Commissioner Clark >> here. >> Commissioner Dobby >> here. Commissioner Rich

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>> here >> and then followed by the invocation from Pastor James Harp from Steuart Alliance Church followed by the pledge of allegiance. celebrated. Apostle Paul writes all

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United States of America. Comments by city commissioners. Commissioner Rich. >> My comment is only that I look forward to seeing you all at one of Stuart's favorite activities, the Fourth of July of parade. Please come out.

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>> Thank you, Commissioner Rich. Commissioner Gobi. >> Yes. First, I want to thank everyone, as I always do, for attending this commission meeting, as well as a shout out to those who attend online. Your participation is so important and much appreciated. Right now, I want to address an incident

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that occurred at our last meeting. A commissioner admonished a city employee and actually the entire department at a public meeting, which is not acceptable. Please note that all of the commissioners have the agenda and the backup for a week prior to that June 8th

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meeting. At any point prior to the meeting, this commissioner could have contacted the city manager and the department head to discuss any of the issues and review the information. This is not the first time that this commissioner decided to dress down a

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city employee at a public meeting. Not only is it unacceptable, it was inappropriate and unprofessional. Please note that the commissioners have no jurisdiction over city employees. City employees report to the city

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manager. If a commissioner has an issue with the city employee or department, there is a process to follow. They are to reach out privately to the city manager and address the issue. It was also disrespectful to the position of city

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manager. Apologies are due and I would hope that this commissioner in question will address this accordingly. On an upbeat note, as Commissioner Rich said, Fourth of July coming up and please everyone, I want to say the citizens of Steuart have always had a huge turnout

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for the Fourth of July golf cart parade. Plus, everyone should take advantage of the festivities for the entire family at Flaggler Park. and I would hope that this year is no different as we celebrate and thank our veterans for their service to our country. Thank you.

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>> Thank you, Commissioner Joy. Commissioner Clark, >> thank you. as we regard our country and we look towards freedom. Freedom is not just on the 4th of July, but during this month, we've also celebrated

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um emancipation day in Florida was in May and then Junth, which is the day when those who were enslaved in Texas, the last people to hear that there was freedom. And that truly is the beginning of what celebration of freedom is. And

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it goes on into the July 4th season. And I think that we should all make every effort to participate in our community activities and to participate in anything and everything that's there for the Junth in the city of Stewart. The

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African-American citizens of East Stewart led by Miss Douly had a very inspiring program at the uh Boys and Girls Club. the mayor was there and um read the proclamation for that

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particular event and it was really truly inspiring to see the young people and the activities that they did and their performances were um just I mean they're better than people who are going for

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some title whether it's Miss Universe or the best of a student who's in at trying to get into the Metropolitan an opera or something. They were just absolutely astounding um young people who performed

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there. And so this is a chance for the young people, not just those at the Boys and Girls Club, but from other parts of the community and from the county to really show that they are shining stars and that they're coming up. And it was

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just amazing. And I'm glad for the support that the city of Stewart put into ensuring that we do have that type of celebration for Junth in our community. >> Thank you, Commissioner Clark.

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I wanted to get a consensus from the board for two DND items for discussion and one of them being the boat show with a long-term lease and the other one was to still push for emails to be online for transparency for our constituents.

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>> Both of those. >> All right. Uh, Commissioner Rich. >> Sure. >> Is that for today or for another day? >> It would be for another day. We're getting a consensus now for the future. Okay. >> Thank you. >> All right. And um I did want to read an

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email that I received verbatim. Um there was not so nice language in it, but I won't read it word for word just because the children that are here tonight. Um this email I received on June 11th, 2026. It says, "Dear commissioners, we are

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100% against backyard chickens in the city of Stewart. We may not increase residential density, but we'll certainly increase the density of rats, possums, raccoons, snakes, mites, and flies. Nice. By the way, a few joint meetings

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ago, all local governments plus the school. We had to sit for an hour listening to how dog poop not picked up contaminated the lagoon. Every commissioner runs on cleaning up the river and then they would go and allow this. It's bad for property values. They

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will be running around loose. the streets of Stewart before you know it. My response back was, "Thanks for your feedback. I know Merritt had no issues with the chickens and didn't claim the chickens would contaminate our waterways."

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The response I received back, Sean, I sent this email to you, not someone who is running. How dare you insinuate that you know how somebody else would vote on this matter? You're doing a horrible job as a city commissioner. I can tell you for a fact that I showed a house to a

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potential buyer and we could hear the chickens next door. So, my buyer passed on the house. I see now that exact house is back on the market. I would never be so bold as to say it's because the new owner didn't like being beside a nasty house of chickens, but I can guess it

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wasn't ideal. That said, you're lacking code enforcement and the Martin County Animal Control won't help control this issue when the chickens are roaming the streets of Stewart. You have nothing to gain by approving this. This just burdens the city even more. I have included a video that Chris Collins sent

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me. He knows that chickens are roaming the streets already and did nothing about it. If we're going to start talking about people who have nothing to do with the vote, please be professional and know this is already an issue and you're only going to make it worse. And I would like to thank you again for

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aggravating me. You have only motivated me to work against you in your next election. Chris Collins put this on the agenda before he left and you're looking like his little bee by voting for this. Good luck with that. If you think he would fall on a sword for you, I believe

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you're sorely mistaken. My response back. I did not suggest or imply how anyone would vote on this matter, so I'm not sure where that conclusion came from. If you review my previous email, I stated, and I quote, "Thanks for your feedback. I know Merritt had no issues with the

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chickens and did not claim they would contaminate our waterways. I spoke with Merritt after the meeting on June 8th, 2026 and that was his response. The vote ultimately passed 3 to1 with Commissioner Rich Denting. Do you have the address for the listing and the buyer's contact information? If so, I

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would encourage them to reach out as well and provide their feedback. I have remained professional in my communications whether by email or in person. Given that I found your characterization of me as someone's little bee inappropriate and unprofessional, that is not language I use in a professional setting. I am

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sorry that my response to your initial email upset you. I appreciate your feedback and hope the rest of your day goes well. Uh comments by city manager. >> Thank you, mayor. Good evening, everyone. Uh, and um, I just wanted to

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uh, bring up something that has uh, been talked about quite a bit. Uh, in 2023, uh, House Bill 657 signed into law about the use of school zone camera, a school

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zone safety program. And uh I know that this commission and the public has heard about this program because it was uh talked about last year in 2025. Most recently,

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staff and I and um Commissioner Rich uh we were briefed on this program by one of the proprietors uh working in the state of Florida. And u I would once again like to take this opportunity to

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bring someone someone in front of the public and in front of the commission to talk about this because it is traffic calming. It is school zone enforcement uh a safety issue and it is uh completely within the law in the state

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of Florida to use technology to help us with this uh problem. So uh I will be in a future meeting scheduling a briefing for uh us to look look at these

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statistics because they are remarkable statistics with this program and something that perhaps we would like to look into as a community. So, I'll be bringing that in at a further commission meeting um probably uh within a couple

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months. And um on a great note um what's good what's good is um our utilities and engineering department having a couple fantastic uh certification exam uh graduates uh

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one being Mike Marshall. Congratulations to Mike Marshall for passing the Florida class B wastewater treatment plant operating certificate exam. a significant uh achievement and uh it

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just shows the professionalism every day that is displayed. It's just one example folks of what goes on here each and every day. We have folks working really hard and achieving such certifications. So Mike Marshall, a shout out to Mike

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for passing that exam. And then as well, congratulations uh on the class A water treatment plant operator examination uh to Stephen Bulletin and um again a a professional milestone number one for

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this employee, but adds so much value to what we're doing each and every day. And I I commend our director of engineering and for allowing this to happen, for fostering this growth and basically uh

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growing the next generation of leaders. And so we're shout out to both of these individuals and more to come. Thank you, Mayor. >> Thank you. Uh Commissioner Clark, you had a comment. >> Yes. Um, I wanted to ask the city

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manager and and the commission if you do bring that uh school zone safety camera type deal, maybe we should just do it as a as a a presentation to us at a meeting so that we can see

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what they're um where they're thinking, what where these things would go and maybe they're in certain zones and locations. or would they be along the major highways or I'm not sure how that works and if again if it ends up in

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ticketing or just a warning or what? >> Yes, Commissioner. I will what I propose is that I would bring the same presentation that we received just a few weeks ago to the commission to the public at one of these meetings where uh

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you will get to see for yourself how the program has been implemented in um other localities and the results of that program because it's a bit sophisticated at this point. It's been in place for a couple years and there's there uh of

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course this is just one of several vendors that we would bring in and they realized by the way that they would be that we would have to go through a procurement process and other things by the way before we implemented the program there are things that we would

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have to do to scope the project and then they know this group that I I plan on bringing in they know that they would have to compete with other vendors uh via a procurement process. So that's exactly what you described is exactly what I'd like to do is bring them into a

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meeting where they can 15 20 minute presentation for you to see. >> Thank you, >> Commissioner Rich. >> Yeah, it was it was interesting the events that occurred because >> I had been speaking to some people over

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on behind JD Parker on Southeast West St. Joseph's Avenue and a number of them complained about the fact that for many years that back gate, Commissioner Clark, you may know,

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was closed and it's now opened >> and so they can drop off and pick up their children and and so these people indicated what was going on. So I went out there the next morning and I was oh my god it was

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turned it people really were moving way too fast down that street and then this email just a couple days later popped up uh with regard to this system which is I think marketkedly better than the one we heard about it was about a year ago I

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think so I I think you'll find it of great interest and the the the numbers the effectiveness is really remarkable. So, >> thank you. Commissioner Clark, >> yeah, I forgot to say this in my

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comments. I was just out driving to a program at the Boys and Girls Club the other evening and it had rain, but it wasn't a big rain at the time. It wasn't a big rain like we have um for a sustained

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period of time. It had rain and then stopped. But I'm sure it's it rained while I was inside the building. But I was on Balboa. I I did both um Fifth Street and Stipman. I happened to drive around the area actually. And uh we had done a

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drainage and I probably should have asked during the CRA meeting. I thought we had approved some drainage work for in there uh uh with through the CRA and I wasn't sure how that was going, but the entire area seemed a little bit

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flooded to me and it wasn't a big rain at the time. So, I was wondering if the work was actually done and what was happening in that area, but staff can just listen to this and get back with me on it, but I I did notice it. >> Thank you, Commissioner Clark. All

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right, moving on. Um, can I get an approval for the agenda? >> Move approval of the agenda is published. I'll second. >> We have a motion for the approval of the agenda by Commissioner Clark and seconded by Commissioner Gio. Are there any public comments regarding this

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motion? Seeing none, all those in favor? >> I. >> Motion passes unanimously. Comments from the public on nonaggenda items. Remember, it's limited to three minutes. >> I have Derek Ogden.

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>> Welcome. >> Good evening. My name is Derek Ogden. I am a resident of Stewart and I'm here about the ball fields and why a simple question, should us Steuart residents get to vote on their future keeps getting delayed.

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In May, this commission had had the choice in front of them. Mayor Reid pushed to send it to the voters and Commissioner Goi backed them up on that. Mayor Reid warned that letting this fail was quote a disservice to the

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constituents that he represents and I agree. Commissioner Goi did her best and they spent the night trying to find a third vote, third supporter and they were right to try. But the two commissioners running for reelection would not even support this

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motion. The group one commissioner called the idea reckless and a source of great concern. The commissioner from group five called it premature and said she would not move on it and then said the quiet part out loud that she's quote hoping our commission

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is going to change in August. She also says that she favors preserving these fields. With respect, you cannot claim you want to protect the parks while refusing to let the people who own them vote to protect them. Those two things don't go together.

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So, watch for the reasons for the delay because they don't hold water. We were told at the NAACP meeting that a Ferdap FRDAP grant will protect these fields. The problem is we don't have that grant and it's competitive. we

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would have to win the grant. And a FURDAP is a covenant run by a state agency in Tallahassee. The state can modify it. They can also swap out the park for a comparable property. So, it doesn't actually protect the sailish ballpark. That's not the same as Steuart residents

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holding this decision in a vote. And listen to how carefully the promises are worded. One candidate running for group three said at the NAACP meeting that he'd never sell these parks, which is believable, but pay attention to what

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word he avoided using. He did not say that he would never develop the parks. The out is a lease, and this isn't an imaginary thing. The Azul apartments and downtown sit on city land that was handed to a developer on a 99-year

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lease. That land was never sold, but it's gone for a century. A 99-year lease would take these fields the same way, and no one ever has to use the word sell. The amendment that the two commissioners blocked would close all of these doors and give the power to the residents of

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Steuart. But the developers and the ruling class who backed these commissioners cannot have that. And another correction from the NAACP statement, no one single-handedly saved these fields in in 2019. A full five

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member commission voted no to selling them at that time. >> Thank you, >> Janine Alexander. By show of hands, I would like to see who has received the meeting notes that I passed out this evening. By show of

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hands, may I see the members of the panel that received my email today. >> Thank you for acknowledging. I've decided to take a different course of action this evening than I originally came in here with to avoid public humiliation of any of these city

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commissioners that failed to acknowledge received my email. The seriousness of my accusations stem back to a domestic event that occurred in 2015 whereby I was battered, falsely imprisoned. I was

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videotaped unknowing unknowingly. Um, my domestic partner lied to law enforcement to cover his own indiscretions. The police officer that came onto the scene was inexperienced and unqualified to do what he was doing that evening. Because

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of that, our new chief of police has enacted new policy 27 on evidence collection. I applaud his efforts, but that attention to that policy has been lacked since 2017 when David Diaz

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knew that officers were unauthorized to alter, delete, or change any content of evidence that was entered into city possession. And that's exactly what was done in order to charge me with a crime

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that I still bear the title of felon to. The reason I have pursued this is not only out of personal dignity and respect for myself, but for my family. The Alexander name

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my father passed on to me, a 30-year veteran of the US Army, went down with me. That should never happen on American territory, especially when a law enforcement officer fails to do his duty.

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I have determined to be in the best interest of all parties concerned, including former city manager Michael Martell, current manager and mayor, to turn this public comment into a proposal for private settlement under 768.28. You have received a notice of claim by

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and through Libaguette as early as 2023. And as of tonight, you have received an amended notice of claim 2026. I am in the process of retaining counsel to represent me. You have an opportunity to remediate and resolve this matter

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before I file a civil complaint under 768.28 that could result in a request for uncapped damages. If you're not familiar with this this law, you might want to familiarize yourself. It's a serious matter. When a

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city commission, it results in inadequate. >> Thank you. >> Oversight. >> Thank you, Janine. >> Karen Yost Rudge. >> Good evening. Thank you for your

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service. It's always sad. I mean, what you did to that girl is worse than what you did to my family. God bless America. Thank you for your service. I just I mean, that always gets me. I

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just wanted to remind you guys. I've already told you you have lying, defrauding lawyers. Carrie Lenninger, you had her in our case in the federal court and she I've showed you evidence how she defraed the court and then I

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guess she got an approval from you to take over the state case as well. So this it's it boggles my mind. It's almost like in Martin County, the city of Stewart, if you do something bad, you get a promotion. Like Mr. Mortell, now

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he's a trial court administrator. I I don't know how it works. I know how the people want it to work. We want to trust you. We want to have faith in you to do the right thing. And sometimes good people do bad things.

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So I just want to remind you that yes, you have no oversight in your attorney office. Not Mr. Bagot. I'm talking about previously in our case for 16 years Mortell and now this Carrie Lenninger from Williams Lener and Cosby. Why you

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don't care. You represent us and now you have lawyers lying and defrauding the court. Why this doesn't bother you, I do not understand. But it harms we the residents, we the people. So, I just

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want to encourage you, find out why you're why are you guys doing this? I guess you can't talk to each other outside of here, but can you have a meeting and say, "Why do we have lying attorneys that defraud the court? You guys started litigation against us

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and then you just lie the whole way. I don't understand it. It's not right and it's not what we're paying for and we're paying for this." And Group Five knows all about it. She's been complicit in it the whole time. Maybe the rest of you are just confirmation bias,

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but group five has been it the whole time. And then we got Merritt Mat sending a thing to uh uh the mayor when uh he was mayor and saying that they were going to get our property from Martin County forever. Merritt Mat and his Martin County forever. And why is he

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trying to glom our property when it's in litigation? And he knows it is. So that's all I have to say. We love you guys. We appreciate what you do. But dang, just do the right thing. It's never too late to do the right thing.

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Got me group five? >> Thank you. >> Thank you, Karen. >> I have no additional comments. >> Seeing no further public comment, >> Mr. Mayor, excuse me. >> Uh yes, Commissioner Rich. In future public comments, could you remind people that they cannot refer to individual

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commissioners specifically? They may address their comments to you, but not to or about individual commissioners. >> Thanks. Thanks for your feedback, Commissioner Rich. I did speak with uh legal prior to this meeting, and he said it was up to the chair. Uh personally, I

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don't have any problems with the public addressing us individually, whether it's positive or negative. Uh but thank you for your feedback. Can I get an approval of the consent calendar? >> Move approval of the consent calendar as published.

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>> We have a second. >> I'll second. >> All right. So, we have a motion by Commissioner Clark for approval of the consent calendar and seconded by Commissioner Rich. Is there any public comment on this motion?

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Seeing none. Mary, roll call. >> Commissioner Rich, >> yes. >> Commissioner Gio, >> yes. >> Commissioner Clark, >> yes. >> Mayor Reed, >> yes. Motion passes unanimously. Uh, moving on to commission action, project lift lease agreement, resolution number

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432026. Resolution number 43-2026, a resolution of the city commission of the city of Stewart, Florida, approving and authorizing the execution of a lease agreement between the city of Stewart

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and Project Lyft, Inc. for the operation of the facility known as Project Lyft, located at 710 Southeast Martin Luther King Jr. Boulevard, Stewart, Florida. Authorizing the city manager to execute the lease agreement providing for an

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effective date and for other purposes. >> Um, Panel Gani Sa, CRA director. I'm going to introduce this item. Uh, this item is a resolution approving a lease agreement between the city of Stewart and Project Lift for the operation uh and management of project lift facility

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located at 710 Southeast Martin Luther King Boulevard. As you know, uh the city received CDBG COVID grant funding to acquire, demolish, and construct the uh the facility, the training facility. Uh that project is substantially completed.

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Uh we expect to have it completed by end of August. Um so we wanted to bring forward a lease agreement um that will allow project lift to operate the facility and provide um uh workforce development, trade programs, entrepreneurship and business

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development which is consistent with what uh with the purpose of the grant. Um the lease established the op establishes the operational responsibilities for project lift including programming, maintenance, reporting requirements and compliance

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with u applicable grant requirements. Uh Lee will go over the additional details that's in the lease and also our previously approved uh memorandum of understanding. >> I'm just going to hit some highlights because obviously it's over 20 pages so I'm not going to go through it line by

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line. Um but The terms of the lease are there. The first term is going to be 20 years as proposed in this lease agreement. Uh during that 20 years um they have an annual rent of only a dollar. And the question is why is it a

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dollar? Remember this is grant money that we received to purchase the property and demo what was on the property and to uh develop and build the building that's that's currently there or being constructed now. So, in essence, the city had gotten a significant amount of grant money to pay

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for this new property and the improvements to it. Uh, Project Lyft is a nonprofit. So, as a result of getting this grant money, we are required to do something as far as consistent with the grant such as a a

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job training facility. So, what we have in this lease agreement is a proposal of the first term is 20 years. uh the only way we can break the term is for during that first 20 years is for you know cause or some type of

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default on either party. Um after the 20-year initial term there will be 10-year renewals three so a total of 50 years and after the first 20 years when the first renewal is up either party may uh decide not to renew

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the the the next renewal term as long as you give 18 months notice. So 18 months prior to the 20 years of the initial term being up, the city could decide for any reason or no reason at all not to renew the lease.

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And if they decide to uh renew it, it'll be for another 10 years and they'll have two further options down the road. Um the other thing is the use and occup occupancy of the uh facility. We have a defined intended purpose. The intended purpose of the facility is to provide

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vocational training, workforce and professional development programming and business incubation to support entrepreneurship and a and startup businesses in underrepresented neighborhoods in the city. uh during the first five years under the

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grant. So the grant is going to be attached to the lease as an exhibit, but under the first five years under our grant, we're responsible for doing reporting to the to the state uh um showing progress that we've done. And one of the biggest things is we got to

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show that we created 50 new jobs. So that's required during the first five years. after the five years is up and the reporting is up um those restrictions can be lifted and there's no need to further report to the state. Um and then um furthermore um under the

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terms of the lease, project lift will be required to pay all insurance and pay all property taxes. There's a lot of other terms um they're agreeing to indemnify us. Obviously, if they're sued for anything that goes on and they decide to sue the

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city because the city owns the property, they will agree to indemnify us and defend us in any such a case with the insurance. And I just want to point out one of the reasons to have the first year first term being 20 years. We went back and forth with project and Mr. Zakio is here

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and he can further address this if you have questions. But they have in intellectual property rights with project lift. They they do build other they have other buildings. I think one in Hopetown and one for Pierce that similar. They're going to sink in a significant amount of improvements and

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costs from project lift such as um all the equipment inside. They're also going they've also paid for the architectural design which was a a few hundred,000 that the city didn't have to incur. So in order recoup those costs. 20 years was a number of years that they felt

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comfortable with that they would be able to have this facility and recoup those costs uh that they are putting up front in regards to uh putting on this program and um maintaining the building for the 20 years. That's pretty much the highlights. If you have any specific

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questions, I'd be happy to answer them. And also, if you had any questions, Mr. Zaku, I saw him earlier. He's he's here and present as a as a representative of Project Li. >> All right. Uh Commissioner Rich, >> uh Mr. Beagot, did you misspeak? You

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indicated he was responsible for property tax. >> Yeah. Well, if there are any property taxes, they might they >> So there's a difference. Um >> sometimes there special assessments that we end up, >> right? So

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>> I I learned this because I used to work at the county and and I worked at PSL in here. So a county they're immune from taxation their properties, but when the city owns it, they're they have to fall under an exemption and so they would have to fall under an exemption and no guarantee there's an exemption, but I I

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assume you'll be able to get >> Yeah. But just to be this this will remain city owned property, >> correct? Right. >> Uh but um Correct. But it it'll be and it's being used by a nonprofit. But there are some areas out there if a city uses it for non-municipal purposes, it

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could be property, it could be tax. So you still have to meet the exemption. And there's various exemptions. Thank you. >> Y uh Commissioner Clark. >> Hi. >> Hi. >> Um Mr. Zakio, I'm sorry I didn't get to

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send you these questions and um it's for staff as well. So, in your vocational training, I understand that and I know we've been through this already, but this is we're at our final and updated now. We had the

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original contract with you. The workforce and professional development. I understand that business incubation has been a concern for residents, especially those residents that live um directly close to the um to the

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development. So, I want you to um explain about business incubation and even if you have whether it's your um Hope Sound piece or if you have a piece whether in Belglade or Fort Pierce that has done some type of business

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incubation if you could tell us how that's going to roll out come September, October, November of this year when you start with that program, what it will look like for the residents. Um, I have several several questions and I probably

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will just let him go with that. But in addition to that, since we're talking about >> Can we Can we address one of >> Okay. All right. Because Yeah. Because it's going to be with jobs. So, let me just go on just you can do that about the business incubation and the the the

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the other programs that you're going to be doing. And I know that you've probably did a visual for us before. or maybe you're going to come in with a visual another time showing how you break up the types of programs that you do whether it's automotive

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and different things but just tell us about business incubation because people are concerned about that they want to know >> well first of all I always always want to make sure that I'm uh you know really thankful for how far this has come and where and the the two going on three

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years actually over two years now that we've been working on this project uh from the city staff to the um city commission and uh and everybody coming to see how we do it, what we do. And I know I've been more than open to uh take the community on tours to open the

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facility so people can walk around it, uh see our facility that we're running in Hope Sound and and give answer just about any question I could possibly answer. Uh you're specifically are asking about business incubation and so what we always want to remember is that

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Project Lift is meal substance abuse program. We use uh vocational training as the way into a kid's life and that then leads to job readiness, employability, which we do at a very high high level. Um I've been working with the community uh leaders at this

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point to sit down and say, "Hey, tell me what it is exactly that you need." And I'll tell you what, I think it's for everybody in this room is that they should sit down with community leaders and and listen to what the community is saying and how they're saying it. And I can tell you, I heard a number that was

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so concerning to me that it uh really moved me almost to tears at a meeting I was in about two a week and a half ago with Cody Johnson and his organization. I gotta tell you, they said that uh there's only two existing businesses in East Stewart. Did you know that? >> Yes.

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>> You know there was 70 >> 80 >> 80 sorry I was going to say 72 but there was 80 uh businesses in our community that don't that no longer exist. And to me that's the community and what is it that we can do to help out in that

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particular area? Uh from that point, we developed um a subcommittee inside of one of the organizations and one of the associations that actually only deals with project and making sure that we're doing the things that we need to be doing. Part of that subcommittee for

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project actually addresses the business incubation components of it. And I told you before when we came up to this uh podium, actually year after year after year, I can't tell you how many approvals we ended up having uh on this is that we would be very much 100%

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committed to making sure that business incubation was a priority and we would raise up the community leaders to be able to do that and bring them into to do that. We incur the expenses related to it. That also means that that the facility is available for business

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incubation per the CDBG grant. um guidelines. Um I am uh 100% committing committed to making sure that that is done and when we get people that come to project lift or uh will fill out an application on our our website that's

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directly linked to business incubation, we'll work through it and be able to establish that program at that point. >> So they'll have like cubicles and a place for somebody who wants to try to set up and get their information together. That's the kind of we we just

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spent just today um I just signed the authorization under the approval for $60,000 worth of furniture to go into that building for cubicle space and furniture that is not charged to the city, right? That's all stuff that you know that we're raising the money to be

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able to do those things to be able to deal with the CDBG grant. Yes. >> Okay. for compliance purposes with regard to staff and how we count and yourself how we count job creation. This is job creation strictly from project

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lift. That would show that this is the amount of jobs that you actually create. You're not comparing with the number of jobs that were available in that geographic area before. You're just saying if we have this course and over a

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six month or one year period or whatever within the five years we have created 50 new jobs. Absolutely. And this is the number that we're going to report so that we have compliance and that would

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show that either those jobs were either created or retained at least 51% of them. So I um that 51 Half of them, a little bit over half of them would benefit low and moderate income persons.

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And that would be low and moderate income persons in Stewart Pinol in Martin County or just in the immediate area where the um project is located within the CRA area. Where where is that

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count for for low and moderate income persons? We don't have any restrictions as far as where these students come from. Uh we just have to demonstrate that >> it goes to moderate and low income. >> Exactly. >> Okay. So that's >> 1% has to >> I just want to make sure so that when we

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come to compliance that we're all on that understanding. Okay. Next. >> Commissioner Clark, I want to reiterate too, we're discussing a 23page lease agreement. I just want to make sure >> I know >> uh if there's something in the lease maybe that we don't necessarily like or

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want to change. That's that's what we're discussing as well. >> Well, that's it. That's section five of the lease. >> I understand. >> Okay. Use and occup it. What where how are they going to count that? Okay. Um when it comes to um

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subleas leases or joint partnership with persons who are doing a community outreach, it says in section five of the lease um the lei may also use the premises for customary incidental and

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reasonable related purposes necessary to implement the leie services and to fulfill its mission and vision including training, mentoring, counseling, community outreach, fundraising events and partner program. Since you're going to be evaluated and you're going to have

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to meet compliance, I want to make sure that when you do uh any anything that has to meet the subgrant requirements and you're working with community partners, let's say the NAACP or another nonprofit organization, that it's very

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clear that is what you're doing. And when that happens that people don't say you're working with this group or working with another group that it's very clear that that's allowed under the guidelines. Is that correct miss um

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Gandis Sabdas? >> Yes. He uh he could sub lease uh or partner with other organizations uh within the community to uh allow them to use the space. >> That's that's kind that's indicated in the police. >> Okay. I I didn't want to make sure that

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the goalpost doesn't get get um moved when it talks about subleasasing to other people who are it specifically it says shared use may be allowed to missional align partners volunteers or collaborators is that the section you're

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referring to thank you very much and then it also says that >> could you could you specify what section that is >> section 11.1 >> right I okay yes >> section 11 is assignment and sublets >> right you said five, but I thought >> well section five was the other thing

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about use and occupancy. The mayor wanted me to go down my questions real quick, >> although I don't think there's anything quick about doing this is going to be transformative for our community and it's important that people understand when we sign this >> that um we know what we're getting and

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because they're going to be judged uh within a year and then within five years as to how they're progressing on this long-term lease. Um number um uh same place in section 11.1

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um it says that anything to do with sublet or assignment they have to obtain written consent of the city manager which is in the city manager's sole discretion but it would not be unre unreasonably withheld or conditioned or

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delayed. So again, that's support of um once we as a commission approve this, the city manager is going to be able to work with him on approving things as they come along. Is that correct, Miss Scandas? >> Correct.

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>> Thank you. And then um again in section 11.3 which is critical any subleas leases of all or any of the premises shall include the following provision regarding assignment and sub lease. This agreement

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shall not be subject to assignment or sublet or but have a full partnership with us. And when somebody signs with you, they're effectively signing onto that partnership and they're going to be you're going to make sure that they're held to the same standards as you have.

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So that's important. Those are the two key things I had in the agreement. So that was section five about the purpose and and making sure that the community and everybody understands. I think most of the other things in the guidelines I

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must say Mr. bagget. Um, all of those standard guidelines were um, uh, put in and they're they're all important for for this type of a long-term agreement. And, um, I look forward to seeing this

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project come through and make some transformative changes for the benefit of our Stewart and, of course, our Martin County um, area because it's it's going to be uh, something that people from all over the county will be able to

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participate, not just those in Stewart or those in the CRA or those in the East Stewart CRA. It's open to um to everyone. And you said that you've had people have you had people from the immediate East Stewart area go to visit

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your places in your Hope Sound facility? >> Yes, ma'am. We've had visits down to Hopetown. I've opened the the tour gates on the construction site as well and and taken tours through community members of of East >> and I hope that if you do get this this

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um vote on this, I hope that when you have your opening that you'll have some of your alumni or graduates come out and and let's see how how they're doing and say a few words. >> Oh, of course, of course. I think uh you know I think everybody at least my

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entire staff, all the new staff that we're bringing on board as well. I think you saw that we were doing an event on the corner of Lake and MLK and just having sorry Tarpon and MLK to to have a

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hiring event where we got seven applications. We've started interviews this past couple of weeks. Um we actually making a a an offer to a uh to a potential staff member for site

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director who's a member of our community that was referred. So, we're really excited about it. Holding up the end of the end of the bargain as it relates to hiring and targeting the the teens and young adults that uh that are going to be going through there, business

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incubation, the whole nine yards. I'm very excited about it. This is >> Thank you. I'm I'm finished for right now. Mayor, thank you for indulging me. >> You're welcome. Thanks, Bob. So, did you have any concerns in the lease itself?

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No, those are the only paragraphs I had questions on. >> Okay. Commissioner Rich, did you still have any comments? Your light was on and I noticed it just got turned off. >> No, it's um Well, yeah. Thank you. Uh welcome. >> She actually hit the uh two elements of the lease that I was concerned about. I

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was just wondering if Commissioner Clark uh those were appropriate comments regarding section 11. Was that in response to the small controversy we had six months ago with the Flagler place

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and them subleasasing that facility? >> Uh, that's a good one. Uh, no, but I was just concerned because I know that um, uh, there was a talk about subleasasing or at least a agency that's a community agency. I think the NAACP was interested

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in in working with them and doing some things and probably It's a one hand wash the other. They're working with them, but they're also working to ensure that hopefully they will meet their um some of their requirements to to continuously

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reach out to the community. Um, and so that was that was one of my things so that when people start using the facility or when there's a sub lease that there's not a lot of um issues that everybody it everybody knows what what

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some of the expectations are and how that relationship could develop with other community organizations uh other nonprofits and that it's allowed even if they're not listed in the MOU. This this is the intent. >> Mr.

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could I just ask you, do you see that as an opportunity to affiliate with groups that may help in your efforts? >> Oh, absolutely. I I think that this was part of the recommendation that Panal and I were putting in early on was how do we make sure that we're we're partnering with the community in a much

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more meaningful and and aggressive way. That's I mean that's why I'm sitting down with people almost every single week, sometimes twice a week to hear to hear what the needs are. I uh you know, Commissioner Clark and

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Commissioner Rich. It's uh I think it's unheard of that uh a lease like this would actually have some intention related to subcommittees in the community that have voice related to what happens at project. I think that it

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doesn't get any more connected. You know, you'll have and you have turnover in your sub committees and it's got a lot of structure to it. I think it's the strongest move I've seen. I've never seen any organization do that before. I think it's absolutely the smartest thing to do.

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>> And Miss Gandhi Sopas, if I could just ask you and just for the benefit of the community, uh we received a CDBG grant in the amount of for this project. >> 10.2 million. >> 10.2 million. And uh this was

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administered by which organization? Which company for us? >> Oh, Guardian. >> And Guardian. And we were very happy with all of us are very happy with the result. >> Yes. And we actually had a call with Florida Commerce and they were very happy with how we are progressing with

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the project and providing documents. >> And and and Mr. Zakio, did you find Guardian easy to work with? >> I've been involved sometimes two two times a week for the past nine months with this project with this project and Guardian is holding everybody

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accountable and I think I think it worked out really well with that. Very clear, very good communicator. >> Good. Thank you. >> Thank you, Jim. One sec, Commissioner Clark. My my questions were for for Lee specifically to section 11.1.

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I know we ran into this prior. The only thing I I don't really like, I guess, is it gives the written consent of the city manager regarding a sub lease. Am I reading that correct? >> Yes. So under the grant

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any sublessie would have to be somewhat aligned with you can't put a convenience store that's for profit in the corner. I mean >> so that that's so we got to make sure and have a check and balance where the city manager will be able to put >> sublessie I would like to see it on the

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consent calendar or something from the city manager just for full transparency. It's taxpayer money they should know who's going to be subleas to. because we ran into this with Main Street where they subleased it out the city manager prior prior to Mike being

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here. Um we were not aware of subleas leases that were there unless someone goes and does uh you know public record request and they so happen to find this written consent. I don't think we should have to do that. I'd rather see it in a

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consent calendar or something like that item. That's my opinion. Um, also I know what was stated prior, I did mention to Bob, I would mention it um, publicly as well. I was told from prior city manager as well that this would be a five-year lease with term renewals instead of it

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just being 20 with 10 10. And the reason was whether project lift was there or something happened or the community direction had changed that they didn't want this property tied up for 20 to 50 years per se. Um, and I I understand

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with speaking to Bob that that might be difficult with financing and stuff like that and getting loans or getting people to get on board with it, but I wasn't going to not mention it because it was something I was told prior. Um, and I think for future when we do stuff like

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this after speaking with Bob, we have two things. It's almost like the lease should have been negotiated and talked about at the time of the uh inception of the project so it's not some big surprise and here we are tonight. Um, but those were my comments. Um,

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Commissioner Clark, you had uh your light on. >> Thanks. Just piggybacking on what you're saying. The 2024 um agreement that we had with them to start off. It kind of covers some of these things, but it's not the detail

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now that we have the the this in place and and we're going to implement it. So, I didn't really um look at the differences between the both lease. I did go back and review them, but since um this is what we're going to work with, uh I and I hear what you're

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saying. The couple of things that I had, the questions that I had was um this um Guardian, is that the same Guardian that has done the other CDBG like the homes that we gave funds for? That's the same

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guardian company. Okay. All right. Fine. I just want to make just wanted to confirm that on the record. And then speaking of Guardian and the way that home I mean homes >> Guardian's not guardian's not mentioned in this lease. Correctly. >> Correct.

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>> No, but she just she said that they're the ones who are um doing the build making sure the building is overseen for the grant purposes because of the way the funding is. Okay. All right. And also for reporting once it's constructed we do have >> reported for five years right

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>> okay that's that's who helps with the grant management and all that and the pass through for the grant and okay so with regard to that and the building itself I've heard comments on the structure of the building I remember

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when the building came in the proposed plans came in and we had to look at them and we knew that it was only going to be a certain height and we had looked at the the facade and the facade seem fine but I think people are now that it's there and it's it's tough because it is

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there um people are saying that you know it is uh kind of I would like the ar they believe that the architecture and the building material is out of character with the area and I know that you're

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going to be doing iron and steel and whatever you do in there with um people using tools and equipment. They may have fire and all that. And so it has to be a certain type of material and it's built with that type of industrial

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um look and feel. probably by the time it's finished painting and it goes to the pictures that we we saw, it might be a softer um feel to the community, but I know in the construction phase, a lot of people were up in arms as to, you know,

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saying, "Hey, this looks like something that's just way out of character." However, right across the corner, you know, there's the old motel, there's a police department, there's a fire department. Those are fairly big buildings. they are set back from the road. So, it does give a different look

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and feel, but um that's a concern. Nothing that I can do anything about, but I just want to let you know that no, we're going to have landscaping, more landscaping put in approved from right now.

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>> Yeah. So, when the landscaping goes in, it will probably look different appearance down. Yes, it will look different in appearance when um the landscaping goes in plus when the landscaping starts to um to grow and flourish. But that was a that I've heard

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that concern um uh from many people about the the way that it looks and you know because we have all the single family behind it. But we have big buildings. We have the Boys and Girls Club. We have the police department, the fire department. It's Martin Luther King

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Boulevard for so it that's what that is but the landscaping when that goes in that will soften that bu that whole building. >> Yes ma'am. I mean it's the entire plan the entire project isn't completed yet. I think one of the biggest things that you could do and anybody that's

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concerned has a similar landscape plan that we have on the Oak Sound site. Anybody can come down and take a look at that at any time. And I've only I've only received on it. So, I think I've never had anybody say anything different. Maybe that's just because

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they're talking to me about it, but the reality is I think that it's been well received. Anybody that does want to come see what the finished product looks like, it's down there, but it'll be it's only a couple weeks out from from receiving all the landscaping.

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And there's also a wall that's in the back that we're working on as well. There's a wall that runs straight down the back side of the property that has a nice walk path that comes through right through the property from one side to the other side. Uh that I know Cody Cody Johnson has been working on with

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>> try and get a mural there. >> Thank you. >> There's going to be a mural the entire length and I I think that's for other people to discuss as in terms of what's going to be on it. From what I understand, it's uh going to be a paying

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homage to the timeline of >> Thanks, Bob. I'd like I'd like to reiterate too to the board members, we're we're discussing the lease terms. >> Um the project's already been approved. The project's almost complete for their certificate of occupancy. Um if we could

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just keep the questions and the comments and concerns regarding this lease. I stated mine. Does any other board members have a concern or a question for clarification regarding the 23page lease that's in our agenda packet? Um, so for me personally, like I stated

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earlier, um, I think if there's a sub lease, the public should be well aware of it without doing a public record request. I think it should be on the consent calendar. I think that's how the lease should be done so we have full transparency

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and then uh also to reiterate the the terms of the lease if they should be 20 years with three uh is it is it three 10 year renewal terms I believe >> three years >> um like and like I did I I did tell you Bob I try to be full transparent I know

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it's not ideal um but if the public you know so happened to change you know if a building's tied up for 50 50 years and I understand your perspective and my perspective is I have to be in the middle, right? I'm neutral. I'm uh on project lift side. I'm also on the

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community side. My constituents vote me in every four years and I try to hear their concerns and stuff as well. And uh also what I was told from prior city manager that it'd be a five-year term with uh renewal options. And I know

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that's not ideal um for your situation, but it's that fine balance between public that I represent and serve and also the agenda items that I vote on for the public and try to represent them. Um, but if no board member wants to

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discuss any of those two things, then uh, yeah, Commissioner Gobi, >> I would like to discuss them and I agree that there should be definite language regarding subleasasing. We fell into a little bit of problems in the past where

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the city was not even aware that property was being subleasased. So I think that that's important uh that that is done and I do agree that it should become before the commissioners if there is a sub lease that's in progress or being done between Lyft and another

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entity at that building. So I agree and I think that the the motion or the lease should be amended to state. So thank you. I comment a little bit on that. Okay. Um, so on the I think it's pretty clear and pretty protected as to what can can

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be there and honestly, you know, we we're there to operate. I'm not there to sub subleas to outside characters that don't have have the ability to to do that. So I what I would think on that commissioner generally is that we want

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to make sure that we have speed as well to to making sure that we're able to get the things in place that we need to get in place. So, I think you need to think about is that um include the NAACP, does that include the Heritage Association?

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Does that Who where do we how do you want to balance that out? >> I think it should just be any sub lease. I know personally um and and my opinion is if someone's going to subleasase it, I think the community should be aware of it. I know, like I

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said, It's not ideal. Um, but the language I would like to see and for me to support a motion up here, >> um, it would have to come in front of the consent calendar if that's possible, Lee. So, we don't run into the same issue. And I know it has nothing to do with Project Lift per se, but I think it should be across the board.

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>> Yeah. I mean, I I we're pretty robust program. Yeah. >> You know, we have 17 years of operations. We have impeccable audits and 90s. >> Yeah. The amount of money that we have to raise for this program to keep it going every every year is right around

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$1.5 million. That means at the end of 20 years, as I talked with you about, Commissioner Reed is we're going to be over $30 million invested by the time we get to 20 years, right? So, there has to be some sort of of ability for us to

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have uh the security of being able to be on a lease uh for a significant amount of time. Otherwise, I'm gonna have a tremendously difficult time raising money for support, right? Because we need to have that in place in order to

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be able to raise support. Grants ask these questions all the time. What is your sustainability? And if I've got a a lease, I like we might as well talk about something else right now because it's it couldn't happen. Um, not only

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that, but employer part partnerships. If I've got employer partnerships that are looking to make sure that we're s we're sustaining and getting the the jobs for our community that we say that we're going to get and that we're not uh we only have a fiveyear window and we can be removed at any point. Like it's it's

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not I don't know that that would work. Um, program revenue is another issue is we've got to make sure that not across the board, whether that's individual donors, family foundations, philanthropist in general, um, but just general general revenue generation for

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us, whether that's through our programs or program processes. The reality is I got to have sustainability, you know, and to me that's the most important thing is that 20 20 years. I'm not asking for 99 years on on a piece of property.

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I mean, come on. I mean, this is a nonprofit organization that has a proven track record. >> Bob, I got a question for you. Would it be the same if you had like I understand you're asking for 20 years on the first term. >> Would it be equivalent to the same if it was five

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renewals that build that? And then like is it perceived the same? Is it perceived differently? >> Like I know I know I want I'm sorry. It is it's really important uh that we have that first term uh so that I can get out running. Uh you know I've already I've

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already made requests for state appropriations to go into this project. I've already um you know we've already made changes to make sure that we have the uh proper operating budget in place. And by the way, I'm I'm respons or project lift responsible for everything.

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Like everything. Not not some things, but everything. Like anything goes wrong with that building, we're responsible for it. Anything maintenance-wise goes wrong with that building, we're responsible for it. We're responsible for the electricity, the water, uh the operating budget that's related to that.

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We're talking over $100,000 a year just in operational facilities costs, right? That's not charge back to the NAACP or uh the Heritage Association, whoever else is wanting to to to uh join in or the business incubations. That's not a

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there's no charge. I got to I have to do that. If we don't have the ability to have long-term sustainability in place, we're we're you're dead in the water. You know, that's you have to have that. And I think that that's a small price to pay honestly at this point. It's you

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know, we put put in the um the architectural renderings, which did not cost the the city any anything. It was a couple hundred thousand dollars worth of renderings. We're putting all the equipment, all of the all the staffing. We're hiring from the community. We're doing everything that we said that we

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do. Um, which is probably a far cry from some of the other leases that you have out there. So, I apologize that that or I think it's it stinks that I might be being compared to that at this point. Uh, but the reality is, you know, we're here to stay. This is my here for 50 years. Not going anywhere.

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>> It was just on the subway though. >> No, that's and that's I did. Yeah, >> I was talking the 20 years. I think I switched gears because it's >> You did and I was about to address that. >> So, what I was addressing was the sub lease and this would be not it has nothing to do with lift. It's going

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forward city property. We need to be aware of what's being >> sublet. Okay. So, that's really what I was addressing was the sub lease >> for the the city manager is, you know, you're going to have a lot of going back and forth. I think it's a agenda item is what I heard you might say on it.

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>> It it should be on it should be on the agenda so that the commissioners are aware. We don't want to find out after a sub lease has been given that all of a sudden we find out city property has a sub lease. So everything that I was saying was really about the subleasase not about the years. I know um the mayor

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wants to address maybe a 15year kind of split the difference 15 year with then renewables. >> I see Bob shaking his head. Is it is I I just want to fully understand it. ind as well under industry standard. >> Yeah, I was told the subly stuff is easy to fix. Just switch it from city manager

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to city commission. >> So that's easy to fix that. >> Um as oh sorry for the subly stuff. So that's an easy fix. As far as the terms and it being the length is that like the grants like I just I guess I want to understand more as well, Bob.

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>> Yeah, absolutely. I mean, you're not This is going to cost us, we're going to have to raise a million and a half dollars to$2 million a year to be able to support the operation of this. I'm been in this business a long time. Raising money is not easy. And I can tell you one of the the actually the

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first question in any finance um department asks when you're applying for grants is what um how sustainable are you? Right? And if I say to them, hey, we have this lease is where this money is going and they want to look at the lease terms and they see five years. They're not going to put any funds.

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>> And this is specifically towards the grant underwriting process, right? >> It's grant individual >> or private investor. Is it private investor? >> I don't call my donors aren't private investors, but they're donors and it's their hard hardearned money that they have earned over their lifetime and

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they're trusting us to do what's right with that. >> If I if I get multi-year grants or year commitments or even single year commitments, they want to know that their investment is going to be taken care of. >> So, so follow-up question with with um the donors that donate money, are these

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donor donors that are in the trade industry, per se or like the private donors? It's all across the board. >> Yeah. I mean, we have probably six or seven legs of I call it like a leg of a stool where here's where all our donations come from.

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And and with those private donors, would they get like the I don't want to say preferential treatment, but like when you have these kids graduate and stuff, um they're meant to go into like their industry, I guess, and maybe work for them, internship for them after they

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>> Okay. If the if the job fits the kid and the and there's happens to be a industry partner, you're talking about two different things. So your industry partners who are contributing maybe special events, right? It doesn't mean

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that they get a special treatment. They just if the if the kid wants to be a roofer and this is a roofing company and that matches and the culture is good, then we help connect that dot. >> If they're welders, same thing. Boat boating boat building, automotive repair, carpentry, construction, same

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stuff. But there's no >> Yeah, just figure I'd ask. Uh, Commissioner Rich, you had a comment. Yeah, I mean I wish this discussion was taking place in the context of emotion, but having run a nonprofit for 30 years, nowhere near the scale of Project Lift

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and we did finally get to sort of your type of proven record. Five years is the blink of an eye. You can't do anything if all you can do is promise five years. Um, you cannot get the big donors, the big private donors. You cannot do

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strategic planning. um he has deserved he has earned the right to share this commitment with our community of 20 years. If he totally screws it up, we can terminate it. But that his record

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has indicated that that's not the case at all. Um the sailing center finally we finally ended up with 30 years. We realized we needed 30 years to make the plans necessary and raise the funds that we needed to. So I was actually surprised

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to see that was this was only 20 years. I would have no interest at all in shortening this term. >> It's under an industry standard. >> Yeah. >> What was uh you don't mind me asking what was the sailing center's initial terms? >> Well, the initial terms when we had

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nothing was five years at a time. Did we? The sailing center paid for everything ourselves. >> The building the instructor is just similar. >> But we never got a grant for $10 million. But >> but no, very similar situation and and

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bearing the responsibility for funding and running the organization. >> And and and the reason I was doing it this way, Commissioner Rich, before we got a motion was so we could discuss it as a board. A motion is made then the public would comment not only on the motion but also the discussion we had to

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say yes I agree with that individual up there I like that I don't like that so I figured we discuss it first but any other questions for Bob or staff regarding this or are we going to entertain a motion >> Mr.

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Mayor, with regard to resolution number 432026, Lee, have you read the resolution already? >> Yes. >> Okay. I move that we uh approve this um uh resolution as presented to us and and

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uh recommended by staff. >> I'll second the motion. >> We'll get there. >> No, we're just putting it on. Well, so there's a motion for approval of resolution number 43, 2022 regarding project lift

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lease agreement and seconded by Commissioner Gio. Is there any public comment on this? I see your lights on after the fact. Rich, >> well, I'd like to ask Commissioner Clark if she would accept an amendment that's I believe it was in section 11 that

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language be added >> include certain organizations. know >> where it comes in. >> If a sub lacy >> if a subacy um >> signs an agreement >> two things actually >> that's

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Mr. Bagot helped me was >> I would most appropriate language >> I would suggest just replacing where it says city manager and put city commission >> right so that the city would be aware and so would the consent of the city commission >> no well no it would have to be a motion

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it would have to be agenda item. >> Well, if if you have to get written consent from the city commission, it would be an agenda item. >> Yeah. >> Yes. >> Um >> it would be it would be equivalent when we've done assignments of like when um

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we've done assignments of the marina, >> it had to come before you and you had to do a resolution when they signed it to a new company because they had like a 50 60 year lease and they've assigned they were they were in 10 20 years in and they assigned it to a new company. So that came

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>> that's different. This is just >> this is just he's renting out one little office space. >> I know. I'm just I'm saying that's an example of where we've also required that come to you. >> Mr. Mayor, >> I'd like to accept the um >> I have I have a motion on the floor

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which was seconded by Miss Yi and I'd like to accept the uh friendly amendment proposed by Commissioner uh Campbell Rich. So in section 11.1 it would be um second sentence other

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than such this le shall not be subject to assignment or subject sublet by the lei without first obtaining the written consent of the steward city commission uh

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and such consent shall not be unreasonably withheld conditioned or delayed. >> Good. I'll second the amended motion. >> Suffice. >> So we have a motion for resolution 432026 regarding project lift lease

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agreement with the changes for subleasasing for it to come in front of the city board um from Commissioner Clark and seconded by Commissioner Giovi. Now are there any public comments regarding this motion? >> Yes, mayor. I have James Christie.

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>> Welcome James. First of all, I want to um thank I'm sorry the commissioner Reed and also leg you guys were expedient about coming in the community and fixing the dark on Smith Turner Park. Thank you so very

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much. It was a safety issue. Uh right now I'm just extremely disgusted. Extremely disgusted. Let me make sure I got my typ says that either the city commissioner or project lift can get out of the

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agreement. Either one. What about the community? What about if project lift comes in the community and we don't like it? We have issues. What about the community being able to stop some being able to make a recommendation to stop

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it? That facility is 100 ft from my property and he stood on that. So it's 50 feet from my grandmother's property. It's about 60 feet from my great aunt's property. We have an interest in there. I'm hearing so much stuff and new stuff.

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Commissioner Ree, if you're perplexed about some things you just heard, you think the community heard any of this, you think the community heard about them being able to lease the property now to anybody? And I guarantee you, Commissioner Clark, if we see anybody

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going that building, that's the NAACP or anybody. We're going to examine quick proquo. We're going to question that. We get new stuff every day about what they could do. It's 20 years now instead of five.

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Everything has changed. That building was proposed for our area to help East Stewart. Has extracted all that $11 million from East Stewart. Nothing's going to go in that community

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except traffic and potential trouble. This is extremely disgusting for me like to hear all of this new stuff and to know how the how that property came. I got news reports. I got city

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websites stating the benefit for East. We're not seeing any of that. We're not seeing any of that. And the money was put in there. The grants were gotten off the backs of East Stewart. and you go through the executive committee, the

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executive committee, you won't see one black face on there, the board, you won't see one black face, but the black people can give up the property, deal with the issues, and then we could be plastered all over all the and and with

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51% and the people don't even can't even come out of East Stewart. That's a shame. That's disgusting. The community, some people in the community are very upset. Thank you, James. >> Next, I have Cody Johnson. Good afternoon, commissioners. Um,

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well, I've uh I've spoke with Bob. I've spoke with the NAACP. Um, I've did my homework about Project Lift. visited the facility and I believe it could be a a tool for the community,

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you know, to build back um workforce. Um the business incubation, that's uh I know it's been a topic of discussion deeply amongst the community, but you know, incubation starts with um

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you know, the resources being there. Incubation doesn't, you know, start just by having a space to, you know, just occupy it. You have to have the tools there. Um, uh, as far as the

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subleasasing, the subleasasing, um, it's been brought to my attention that the NAACP and other organizations will be there. Uh hopefully these organizations will you know represent the community in the best of ways working handinhand with

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the community. Uh Bob has um engaged the community. You know he's been uh active. He's actually been to meetings with uh an advisory board of you know my peers and you know actual residents of East Stewart. He's communicated a lot of

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things. He's been transparent and my personal take is I feel like it can be a very useful tool for a very blight neighborhood. You know, as far as the 20-year lease and the dollar a year, you know, that's completely discretionary

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to, you know, you guys. I mean, Campbell Rich, he says he's been in the business, the nonprofit business. I've uh ventured into that avenue and I do realize that it takes some time, you know, um a normal business is just five years and that's a LLC or anything to

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start seeing the you know the the profit or anything changing, you know, a nonprofit is is structured differently. So, I do understand that it's because I was one of the biggest critics of the 20-year lease, you know, but understanding the industry more, you

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know, that's just how you can say it just comes with the territory. But, um, that's all I have to say. >> Thank you, Cody. I was actually the one that pushed for the NAACP to be a sub lease uh during the discussion of Project Lyft. Um, since my tenure up

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here, just wanted to make sure that Jimmy had a spot to still host his community events. Um, I just wanted the public to be aware of it through a consent agenda item. That's all. Thank you, >> Cody. >> Jimmy Smith.

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>> Don't trip over. >> Good evening, commissioners. How y'all doing? >> I just want to say uh take this moment to uh thank you all uh for the support of this project lift. Uh I hear

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concerns. There's always going to be concerns. There's always concern about anything built anywhere. That's all across the world. And a lot of time we don't all see visions the same. And sometime it take time for a vision to come across and then you realize wow

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okay it makes sense. I've been here in Martin County all these years when it was business. I was a kid. I walked the streets. My father was an entrepreneur. My father has helped get so many great things in this county school board to

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help people got great jobs, career jobs. And then we have people maybe not don't understand things and don't see it, but I looked at East Stewart being over there occupied that building a rundown building. Mr. Gary did the best he can over there. All right. And uh we had all

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those things. We had uh businesses there. We had a car wash. We had all that stuff there and didn't have the funds to support it. Once they knocked down other part of Cherokee, over 100 families that have got just relocated. All right. They lost that revenue to be

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able to help fund it. I know we talk about incubator in the community. You know what I'm saying? We need those, but you cannot get that. And if you don't have funs, our kids need education. We need skills. Our kids need to be able to work, learn how to raise money, make

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money, and have a career job. Uh you can we have a few business that left there. They don't even have enough support in the community. There's not enough revenue circulating. I remember in the years before back in 1968, money circulate three time before even not get

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out of the community. Now the community of the money don't even last in the community. The fastest people get a check, the first is gone out of the community. So with this new project with project lift, we all should be proud of it in the vision you'll see later. We got Palm Beach County, we got all kind

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of counties begging for project lift to come in. I went to the meeting Palm Beach, the mayors, the city where right now we're promoting all across the state of Florida that I think that it should be in every community because the kids parents can't afford to send the kids to college. Okay, here go opportunity for

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our kids to get the same degree. Same degree and then be able to help them find a job and then they ain't got to pay. They getting paid to learn. Who in the heck would turn down an opportunity for my child to get a career job and get paid and then that the kids can't afford

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shoes. The parents can't afford to buy them nice things. These children can pay for their own stuff. They can learn how to be responsible. And we're sitting here today and we say community. Yeah, you always going to have a few people that have rejection of someone because they don't like this, they don't like that. That's how that's that's that's

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normal. It's good to have negative and positive because negative make positive look good and positive make negative look bad. So, in our my consent to you is that my time is up. >> Thank you, sir. >> Thank you. >> Next, I have Gail Goldie.

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Good evening, commissioners. Gail Goldie, 1153 Northwest 12th Terrace in Stewart. Again, I'm not a city resident, but I am a community. I am part of the uh county, and I take just as much pride and interest in the city as if I lived

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here. I just want to say that I think Project Lyft is a wonderful, wonderful program. I'm glad that the city is supporting Project Lyft in any way that they can. My concern is for Project Lyft

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and the lease that is before you. Um I've been here quite a while and I have seen leases that the city has given out and several of the commissioners have already mentioned the uh changes that

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happened after the lease was given and what happened. Uh, one was the pelican where the pelican, the people who had the pelican had the lease. They came up here and were looking for changes to the lease, swearing that they would not sell the lease or they would not sell the

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building or do whatever it was. I think it was because they were leased, they could just sell the lease. And lo and behold, the commissioners gave them what they wanted. And two months later, what did they do? They sold the lease. They sold the lease to the Hudson and the

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Hudson took that lease and built that property over there and uh and then the other thing was the Flaggler Center. Flaggler Center was leased to the uh Martin uh downtown Main Street and uh what is what were they doing?

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subleasasing and that money. And in addition to that, the city paid $70,000 a year to downtown Stewart to help run it, which was supposed to have ended, but it has not ended as yet, and that's

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probably 10 years. So, um I want to see the project lift be a huge success and I hope that provisions can still be made to this lease so that things that are discussed with helping to make sure that

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everything is safe and sound for the city and project that no one suffers extreme uh extreme charges and costs. Um, let's just project out 50 years or 30 years. I

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won't be here. Many of us won't be here. But if project, if something were to happen and project were to disappear and couldn't function there any longer, what would then happen to that property according to the lease? Could that lease be sold? Could that lease be turned over

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to someone else? I just want to make sure that there's plenty of provisions in there that project lift doesn't run into any problems that we can stop from happening. Thank you. >> Thank you. Um can this lease be sold?

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>> There is an assignment and sublet which is section 11 which we are. Um, first off, it it it it can't be with with the first five years because the restrictions we got to have them in. But once the five years elapses and they

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could close out the program, then that restriction could be uh released by the state from the grant program. Um, basically u yes we have an assignment and sublet section in section 11. So it can be assigned or sublet. We've talked

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about sublet. We've not talked about assign but assign is in the same section. So >> Okay. So it so it could be assigned to uh another organization as it's currently written >> with our >> Yes. With our correct

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>> um and and you know even though the five years is is all that's required to do the reporting I think our lease agreement says we're continuing reporting beyond that between project lift and the city. So, um, but that was one of the concerns I had. Um, Mr. Zakio

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wanted more than 20 years. So, I, you know, I went back and forth multiple times between he and his lawyer. Um, and, you know, I started out at five years. >> Yeah. >> But he made a compelling argument to me that to present the 20 years to you, which you guys have heard the same

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argument that I heard. Um, so they also wanted the renewals to be um much more harder to non-renew it. But I did insist after 20 years that we have a non-renewal for any reason or no reason at all as long as

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you give 18 months um notice before the termination of the lease or the expiration of the lease I should say. So at 20 years, 18 months before that expires, the city commission can decide at that point, do

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we want to non-renew it for some other reason? And and I I was honest with Bob, he and I are going to be gone. We're not going to be here 20 years from now. Um and so it'll be successors and we might be around, but we're probably not going to be in the same

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capacity that old. Um I I think it's high I'm just that's the discussion we have whether you guys believe that or not. I have good health. I hope I'm still here but >> we won't be sitting here. >> Yeah, that's what I'm saying. We'll be in different capacities. So I I insisted

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on 20 years so that we're not stuck in at least for 50 years. >> All right. >> Um so I I I made that. So then we do have three 10-year renewals, but at each of those renewals 18 months before the city commissioning can say, "Hey, we want to go in a different direction, you

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know, and and and we have that. We don't have to give a reason as long as you give 18 months notice." So that's why I put that in there as a protection because Bob went in 50 years basically. So um but I went from five, but that was where we were and and again we were

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bringing this to you. You still had to approve it, but you guys are still discussing it now. Commissioner Clark and Commissioner, do you want me to continue with public comment or do you want to >> finish public? >> Okay. Uh, Commissioner Clark, you had your

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>> Okay. Yes. So, with regard to section 11.1 u, which goes to the assignment and the sublet, is is it better to now at least characterize the type of organizations?

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I know we said um uh places that are consistent with the customer practice and program delivery that they could have it with missional aligned partners, volunteers or collaborators. Should we put an example such as so that it's very

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clear that whomever the is on the city council that we know what the the idea was what kind of community organizations we're looking to it's not only those but it could be included but not limited to so that it's very clear uh that there

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won't be any question when the um the some a group like the NAACP or somebody comes in with project and say this is what we what we we'd like to have a a sub lease with them. I'm thinking if that if we should just put that in there

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now and get it over with so that there's no question. And I know it would have been more question if it was left up with the city manager approval, but we're saying they're coming in front of the city council. But um if we have a good parameter of where we're going and

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and everybody's on the same page going towards the north star, then I think that it's better >> regardless. It's going to have to come in front of the board. But >> yeah, but limited but including but not limited to. >> Can I make a comment to that? Yes, sir. I I totally understand. And I couldn't

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agree more. I think there should be options for for organizations to come in in partnership. Um I think there should be some mutual agreement related to it though. Like I can't just have any anybody just walking in and saying, "Hey, I'm going to come up to the podium and say I want a sub lease part of of

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project lift." >> Uh all in favor and then all of a sudden I'm stuck with with a non-conforming uh sub lease. >> That's got to I got to have that protection. >> I think that we're being reasonable here with making sure that the uh community

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is engaged properly. >> Okay. Can I continue that before Mr. Lee answers? Mr. Lee, may I? >> Okay. So, I agree with that. So, Pinnol knows this because she's done some uh affidav not affidavit appendices

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before with different things. So, maybe as a part of this lease, we need to have an appendix, Mr. um baggot that says it would be in this form if somebody's going to subleasase with you. And maybe that's something that can we can come up

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with or that something that we say that we're going to come up with, but it would have to be something that we that they would it it says it in here, but it's not itemized. And if we have an appendix that says anybody who's subleasasing with you meets these things

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that are already in here but laid out in a format that we know that they they're they're going to be in comp like I'm raising a lot of money to be able to meet the needs of these outcomes that I'm that I'm required to do. If I've got to be able to if I have to hold the hand

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of an organization that has nothing to do with what project is doing or isn't even remotely associated with it and I've got to flip flip the bill for it at the same time. I think I need to have some >> No, not you. They have to do it. But when we when they come in whether city

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manager or us, we have to know that they've already done one, two, three, and they're easy to there there's something that can be approved. >> I I don't I don't know. I you're based upon a us making a decision as to what that criteria can be standing here in a commission.

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>> It's isn't it in this agreement? Now, >> it said that they should be mission aligned. >> Mission aligned. Yes. I thought you were saying you wanted to give specific criteria. An example of >> No, we just put the same things here. Mission aligned. Da da da. >> Absolutely. >> Are able to pro produce jobs, assist you

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in producing. >> You wanted to give an example is what I heard. >> Yeah. You wanted to be definitive. >> If you I think that you know if we need to I think mission align suffices but legal has to come. >> Okay. >> I would agree. >> I I if you look at 11.1 the first sentence

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>> the lei may grant licenses shared use to mission aligned partners. So >> uh project would have to make the decision who they want to sub lease to and then they bring it to us. And so I don't think this it's my opinion that

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this the way the language is in here that not anybody can come in and say I demand to be in his be a subless at project lift that this is something you have to be agreeable to and bring to us the city. >> Thank you. >> Thank you. So Mr. um attorney, city

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attorney. Is that um licenses and shared use different from an assignment or sublet? Because those are two different things. The assignment and the sublet should be approved by the city council.

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The the grant licenses and shared use to mission align partners should be done by project. Can we distinguish those or maybe they need to be completely set apart because it says other than such. So they're already set apart. >> I mean if we want to change licences and

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share lease to just sublet I mean I I don't remember if that was my language or your language. So she's saying leie may grant licenses or shared use. I I guess technically that might not be a subless, >> right? It wouldn't be there's not there's not going to be a sub lease on

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it. But let's uh >> I remember >> here's an example is that we um you know we have lenture with pen foster which is our license a ling license l licensing organization for our high school diploma

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program right I have to have that in partnership so if that language is eliminated then you could come in and say we don't want you to use them you have to use somebody else and I just don't want it to be that way I think >> that's good and that's good and that's different from the sublet partnerships

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that I have to have. They're like platforms that you might have um online that kind of >> question. >> As long as everything suffices when we have to look at it and nobody says we should have done this or we should have

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could have read >> other than that example he's got to come before us with the sub. So >> I I'm at the point I just want clarification. There are things that Bob wants to align with other companies. Doesn't mean they're going to actually share space at Project Lyft. Is that my

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>> Yeah, absolutely. >> Yeah. They're just aligned. They're going to have their logo in your building saying we provide this and we're aligned with this company. That's a separate issue from the physical space we're talking about for assignment and for leasing. >> So my question is number one, how much space are we talking about? He needs

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lifts. He needs lots of things to be able to teach these young people to do all this. How much space is there to be leased? >> There's only a limit. There's capacity >> like special events or where would >> they're kind of one time event leases which would come actually under a

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different category I mean that's a one-time lease they're going in for an event that that's really an event lease. So I just kind of thought it was getting a little mixed up here. I think we're talking about people that he will align himself with. They might have you know

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logos and whatnot on his walls. They've come in and maybe talked to the young people he's with. They're pushing a product and then there's a physical space of assignment or leasing. I'm assuming the assignment will be if they're assigning the whole building. >> I mean, it says that we can have events and so I know we got to have that in order,

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>> right? No, absolutely. I I think it's just getting all mixed up in the verge of >> commissioner. It's I'm like I'm getting it all right. It's okay. I I think that might have been my pass. I apologize. >> Commissioner Laura, I appreciate it.

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>> There you go. >> All right. It's um >> there's only to your point, there's only so much of footprint there, right? It's not like there's a ton of space that's going to be, you know, you know, lease after subleas after all. That's not

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going to happen. It's going to be mission aligned organizations. Yes. Whether it's an assignment or a subleas, it's all the same. Yes, I have a question for our attorney. Thank you, Bob. >> That's okay. >> Um, >> the question is, do we need to be

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definitive in the lease to say that? Do we need to be definitive that we're talking about leases that are for physical space or six month or year or two-year lease that they're leasing out versus event leases? >> I think it's pretty clear in 11.1

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already. >> Okay. So, then it is. So then I think we've just gone round robin for no reason. Okay. >> No more public comment. >> All right. Uh so we have a motion. I I made my comments. Um

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I would like to see a smaller lease term um just because of the public ever change, but I understand I'm one person. You know, there's four of us. So Mary, roll call. Me just make one. >> Oh yeah, I didn't. Your light wasn't on. Commissioner Rich, you have a comment?

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You know, we've entered into an agreement with Project Lift and Mr. Zakio is a proven track record. Let's let him run his business. >> Amen. >> Because he's working for the welfare of his students and he's working for the welfare of the community. That's clear.

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If he abandons that effort, we'll find out and we'll be able to take corrective action. >> Will find you if you do that. >> I got a lot more to answer. >> You should go to one of his graduations. >> Amen. He is changing people's lives. He is changing famil family's lives. It was

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the one of the most powerful and fun events I have ever been to. And I'm glad we're in business together. >> Thank you, Commissioner. Thank you, Commissioner Rich. Mary, can you do the roll call, please? >> Resolution number 43 2026. I have

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Commissioner Rich. >> And just to be, it includes the amendment of the >> It does. Okay. >> Commissioner, >> yes. >> Commissioner Clark, >> yes. >> Mayor, >> yes. Motion passes unanimously. >> Congratulations.

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>> Congratulations, Bob. >> Yes. Let's go. >> Before we move on, um, to the board members, when you flip your light switch on, just leave it on until I turn it off because it confuses me because I'll turn it off and I'm turning it back on. So sometimes I think it's still lit up, but

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um >> battle of the switches. >> Yes, they work though. Uh moving on to commission action item on number four, letter of support for Treasure Coast Food Bank Senior Food and Resource Program. Lee, if you could read that. >> Sure. Resolution number 45-2026,

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a resolution of the city commission of the city of Steuart, Florida, approving letter of support to Governor Dantis for 404 special categories, grants, and AIDS older Americans act program, the Treasure Coast Food Bank

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Senior Food and Resource Program. This investment is critical to the reducing food insecurity and improving health outcomes for older adults across Indian River, Martin, St. Lucy, and Okachchobee counties. providing an effective date and for other purposes. >> Is there anyone here from Treasure Coast

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Food Bank? >> Um, my only question was just when I Googled it, they're in Fort Pierce and I was just curious how many people they serve in the city of Stewart or I'm just I was curious simple question, but

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yes, >> if you would come to the podium Yes, I'm I'm Carolanne Leonard. I don't live in the city, but I live in the county. I'm familiar with a a lot of what they do because they spoke to one of our groups. Um, and I know from uh

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personal experience that they help some of the churches around Stewart and handing out food and helping people that really need some help of of all ages. And um they have a wonderful facility in Fort Pierce. And so I I hope you will

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support them. And also I'll put in a plug for the House of Hope here in Stewart. >> Thank you, Carol. >> Thank you, Carol. >> Milton and I went up there for the back house. Milton, public works director. Uh the city of stood also participate with the

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u the uh city of Port St. Lucy. We all uh we all work together as far as that goes. So we do it every year and uh we support. >> Thank you. >> Thank you.

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>> Oh yeah. people. >> So, do we have a motion from the commission or any questions >> with regard to item number 452026, resolution number? Move approval. >> I second the motion.

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>> We have a motion for approval of resolution 452026 from Commissioner Clark and seconded by Commissioner Gio. Are there any public comments regarding this motion? Seeing no public comment, Roll call.

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>> Commissioner Clark, >> yes. >> Commissioner Rich, >> yes. >> Mayor Reed, >> yes. >> Commissioner G. >> Yes. >> Motion passes unanimously. Moving on to ordinance second reading. Um Lee, if you could read that. And just

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a reminder to the board members to get your yellow card out for a quasi judicial hearing. Thank you. >> All right. Introduces the item. Let's see. Um, ordinance 2546

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2025 for second reading. And if you could read the agenda item, Lee. Ordinance number 2546-2025, an ordinance of city commission of the city of Steuart, Florida, approving a major amendment to phase 3B of the

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Windmir Point commercial planned unit development, providing for an amendment to the master site plan to authorize the development of a 1,995 square foot Popeye's restaurant with dual drive-through lanes located at the

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southeast corner of Northwest Windermir Drive and Northwest West Federal Highway, providing for conditions of approval, providing for conflict, providing for severability, providing an effect effective date, and for other purposes.

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>> Do the commissioners have any exparte communications to disclose? Commissioner Reg, >> I read one email in opposition to this project. >> Okay. Uh, Commissioner Gio, >> um, I spoke with the department, the development department, and I did have

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several emails, um, from neighbors and individuals who were against the project. >> Uh, Commissioner Clark, >> you clerk, I um, I think I spoke to staff briefly about this project. I've saw at least one

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email from a lady who was uh opposed to the project and there might have been other emails but um whatever they are I hope that um staff has them or I'll try to re refer mine to staff to make sure that they're captured.

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>> Uh my exparte would be communication via email where residents had contacted us and I believe I've made one in three Facebook post on my government official page where I turn off commenting. So there's no exparte on the Facebook site,

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but I still want to disclose that it's posted and they could uh reach us for comment. Um if the city attorney could place any potential witnesses under oath as well. >> Sure. Um before I do that, I just want to uh give a little uh uh intro. In a

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quasi judicial hearing, which this is, the city commission steps outside of its legislative or administrative role and into a judicial capacity, the city commission will be making a determination by applying existing laws, ordinances, and regulations to the facts presented to the board. Everything needs

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to be officially entered into the record and testimony needs to be under oath. The commissioners are also required to disclose any exparte communications that occurred prior to the hearing, which they just did. So, will all potential witnesses for the applicant and city staff please stand, raise your right hand, and be sworn in. Do you affirm

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that the testimony that you are about to provide in this hearing will be the truth, the whole truth, and nothing but the truth? So, help you guide. >> Thank you. >> All right. You may be seated. Will the development department please provide a brief summary of the agenda item including the location, size of the

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property, current zoning, zoning requested, and list the applicant's request to deviate from the land use development regulations if any. >> Yes, sir. Uh, good evening, mayor and commissioners. For the record, my name is Jody Cougler. I'm the development director with the city of Stewart. I'm

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presenting agenda item number five, the second reading for a major amendment to the commercial planned unit development known as Windir Point. A petition to develop Popeye's fast food convenient restaurant with double drive-thru lanes within the vacant footprint of phase 3B

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of the commercial plan unit development. The request was brought before the local planning agency on November 13, 2025. The first hearing before the commission was on January 12th, 2026. The city commission voted to postpone the second hearing until the applicant address the

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monument sign traffic and a letter from James Tucker dated June January 9, 2026 that was received by the clerk's office on January 12th, 2026. The applicant is seeking modific development of the CPU.

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Pursuant to the land development code public notice requirements on May 22nd, 2026, the applicant mailed notices to all property owners within 300 ft of the subject parcel to provide details of the requested development in the date and time of tonight's public hearing.

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Additionally, two signs were were updated and posted on the property with the same information. The meeting scheduled for June 8th was rescheduled via the commission meeting for today's date. So, the public hearing requirements have been met.

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The Windmir Point commercial planning and development comply comprises of three parcels totaling approximately 9 acres. The 1.64 64 acre parcel outlined in teal is the location of the proposed project with the address of 1961

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Northwest Federal Highway. The parcel is sub situated at the souththeast corner of Northwest Minameir Drive and US Highway 1. The subject parcel is currently designated by the commercial plan unit zoning district. Northwest Windmir drive

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is situated to the north. Northwest Federal Highway is situated to the west and the properties to the south is zone commercial plan unit development and the properties to the east is also zone commercial plan unit development. The subject parcel as well as the

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parcels to the south and east are designated by the commercial future land use designation. To the north and is northwest windmir drive and to the west is northwest federal highway. The original approval for the 3B granted

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under resolution 9920, 2017 and adopted on September 25th, 2017 authorized the development of a 2,34 square foot retail space and a one and a

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1794t restaurant with a drive-thru totaling 3,828 square ft. The Captain attorney quasi judicial hearing. Can one of the members leave? >> Yeah, I think we need to take a break. >> All right, we're going to take a five

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minute break then. Thank you. Sorry. meeting at 7:34 p.m. So, you can continue, Jody. Thank you. >> Thank you, mayor. >> Welcome. >> Thank you. The applicant seeks to amend the commercial plan unit development to

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eliminate the retail portion designing designating the restaurant as the sole use for phase 3B. The applicant is seeking approval from the city Stewart Commission to construct a 1,995q ft Popeye's restaurant with dual

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drive-throughs. This proposal represents a reduction of 1,833 square feet from the total square footage of phase 3B originally approved by commission in 2017. the original approval in 2017, the city commission

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approved a amendment revising the timetable for 3A to allow for a 5,200 ft retail and a phase 3 1,794 square foot restaurant with with

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drive-thru. Based on the local planning agencies and the public feedback, the applicant submitted the proposed color scheme to match the plaza. In accordance with section the land development section 6.05.02 PN F all large development our large

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commercial development must provide a minimum of five design building treatments that staff identified display windows, wood facade, painted face brick, decorative light fixtures and shutters. According to this middle, the signage in

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the elevation proposes a total of five signs. Uh, one wall sign on the west elevation fronting US1 measuring 43.2 square ft. One sign on the elevation frontage fronting northwest windmir

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drive measuring two 24.1 square feet and one chicken graphic 33 square feet. Uh, murals which are identified as the wall signs in the city of Steuart's land development code. One that says, "Love that chicken graphic, 117 gra square square feet." And one that says, "Famous

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Louisiana chicken graphic, 40 square feet." Reflected on the side slide are clear images of the current location. The city of Stewart will continue to provide sanitation services only to the site and issuing consistence and reliability support.

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The existing paral provides a total of 103 parking spaces. Of the 23 of the 21 spaces are allotted to the current retail use. The proposed restaurant development will remove nine existing spaces, but the plan includes striping

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16 new spaces uh to offset this impact. The restaurant will be required will require 25 parking spaces. Additionally, there will be 64 surplus spaces that would have been utilized if the remaining retail development had been constructed. The traffic the proposed

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development is anticipated to generate approximately 122 trips during the AM peak hour. That is 67 entering and 55 exiting as well as 229 trips during the PM peak hours which is 127 entering and

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102 exiting. The analysis compared to the proposed trip generation with the previously approved retail development. The traffic consultants review concluded that the net trip generation for the proposed project reflects a reduction in afternoon peak hours and a dimminus

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increase less than 1% in the morning hour trips. The proposed site plan includes an impervious surface coverage of 57% and a pvious coverage of 42%. According to Kimley Horn, the city's consultant

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engineer reviewer, the submittal drainage statement demonstrates that the project meets the city of Stewart's development criteria. The live oak tree impacted will be relocated on the site by a certified arborist and will comply with the land development code. A tree removal permit will be required prior to

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work commencing. In response to the flooding concerns raised at the first commission meeting, staff contacted Florida Department of Transportation known as FDOT and FDOT and their contractor Oasis and indicated that they received a flood related complaint in

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2023 dispatched a crew to investigate and found no issues at that time. No additional complaints have been reported since. The applicant is proposing to install eight canopy trees that includes duffoon holl myrtles, pink tabas, live oak and a

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foxtail palm. Hedgeman material will be consist of cocoa palms, green island ficas and triines as well as annual ground color color covers. The perimeter of the site has been landscaped and well maintained for the original site plan development. And staff is also working

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with the developer to make sure that any dead uh plants or trees that have died since the uh fruition of the pe uh code enforcement is going to work with them. The conditions will include the following in the proposed ordinance. Uh

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water and cereal will be provided by Martin County. All civil utility plans must be reviewed and approved by Martin County. All proposed dumpster enclosure must be constructed for the city of Stewart's dumpster enclosure construction details. The applicant must provide from Martin County for the

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proposed dumpster location within their easement prior to issuing of site permit which is the infrastructure and any proposed sanitation receptacles per use unit require more than twice a week pickup. The honor developer will be required to install vertipacks with

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02:09:40.800 --> 02:09:58.320
8yard receptacles. On November 13, 2025, the local planning agency approved the Popeye's major amendment to the commercial planning and development, which reduced the number of proposed signs from 10 to six. The local planning agency also recommended that

434
02:09:58.320 --> 02:10:14.880
the signage be modified to complement the architectural style of the surrounding shopping plaza and ensure consistency with the overall development. Staff finds that the proposed development is consistent with the city's land development code regulations and the comprehensive plan. Staff

435
02:10:14.880 --> 02:10:31.040
supports the alternative sign submitt request as revised in the response to the recommendations of the local planning agency and public input because it's less intensive than the original proposal. However, final approval of the request is subject to the city commission's approval. Uh there was one

436
02:10:31.040 --> 02:10:47.599
more comment that I wanted to address that was um brought up during the first reading. Uh we did do um some we did ask the police department to provide us the crash analysis at the intersection of Windermir and Federal Highway. Last year in the 202025

437
02:10:47.599 --> 02:11:03.599
there was 10 crashes at that location. And this concludes staff presentation. I do would like to introduce Mr. Robert Sherman. He is the developer and I would like him to to provide some um analysis of how the um traffic will flow through

438
02:11:03.599 --> 02:11:20.320
the site. Good evening, commissioners. My name is Robert Sherman. Um, I represent 1560 Boone, and it's a pleasure to be back with you again. Um, I'm very blessed that staff and

439
02:11:20.320 --> 02:11:36.800
commission has taken extra time to make sure that all the items that were addressed at the first meeting have been reviewed and updated as requested. Um staff asked me to discuss um the

440
02:11:36.800 --> 02:11:53.040
transportation and how traffic currently is designed on the site. Uh just to give a little bit of background, I was the original developer on the parcel when we went ahead and we >> can't hear you, sir.

441
02:11:53.040 --> 02:12:09.199
>> I'm sorry. Is that better? >> It's been a long night. I'm sorry. Um you want me to start over again or just up to this point? So um staff asked me to discuss transportation and how cars will work on

442
02:12:09.199 --> 02:12:26.880
the site uh as the entire parcel. Uh as the original developer, I was the one that worked with Racetrack to get the uh southern access point uh when LA Fitness was there. Um so as the site currently

443
02:12:26.880 --> 02:12:41.840
works today um there are three points of ingress and egress on the entire parcel in the entire PUD. There is an ingress and

444
02:12:41.840 --> 02:12:58.880
egress off of Windemir which feeds the entire shopping center. And as you would enter that traffic point, you would make a right-hand turn to come down towards the west at the

445
02:12:58.880 --> 02:13:15.840
front of the Popeye's location and then go around and into the drive-thru. As the drive-thru goes heading back to the east, you would drive through the circular drive-thru, which is double and loaded, you would then come back once

446
02:13:15.840 --> 02:13:34.000
again to the west side and have three options. Option one, as you head directly to the south, there is a exit only leaving the corner parcel that has the medical center and the Popeye's

447
02:13:34.000 --> 02:13:50.560
to get to uh US1 or they could go back out to the Windermir location and go back to the traffic light. And thirdly, for those traffic that wants to head south, they'll be able to drive through the

448
02:13:50.560 --> 02:14:07.920
parking lot and leave right through the raceway and go back that direction to then come back north on US on on um on the main highway. Do you need a larger map to see that or

449
02:14:07.920 --> 02:14:29.840
do you understand it? >> Please continue, sir. >> So, um, we've worked very hard with staff. We worked very hard to meet all the conditions that were requested at the original commission meeting. Um, and we're very excited hopefully to get

450
02:14:29.840 --> 02:14:47.199
this approved. Um the plans and specifications are waiting at the city to be reviewed and we're excited to hopefully break ground on this in the next few months and be able to open this up now the

451
02:14:47.199 --> 02:15:04.480
beginning of uh the year. if anybody has any questions. Um I think there was a question that staff brought up about time of um operations. So I wanted to discuss that if you'd like me to.

452
02:15:04.480 --> 02:15:19.360
>> Um >> Sure. >> So um staff brought up that the current application was for a 12 midnight closing. Um Oliver, uh the owner of the

453
02:15:19.360 --> 02:15:35.280
lease for Popeye's uh couldn't be here today, but Jody and I did text him. I showed Jody the text. Uh he's definitely willing to reduce that hour of opening. Well, actually the hour of closing. He

454
02:15:35.280 --> 02:15:49.920
was hoping to be consistent with the other fast food restaurants that are in the area. Um I believe that Chipotle is 11:00. There's at 10:00. Uh so if we could

455
02:15:49.920 --> 02:16:05.360
try to get it within that range uh 10:30 11 I think that would work to be consistent with everything else within the city of Stewart and he's willing to accept that. >> Do the commissioners have any questions

456
02:16:05.360 --> 02:16:25.119
for staff or the applicant? >> My understanding sorry >> Commissioner Gio. um the time open till it was my understanding at 10 o'clock was pretty much the average in the area for fast food um and even regular restaurants

457
02:16:25.119 --> 02:16:42.000
usually close at 9. >> So having an entity open so late um just didn't seem consistent with the area >> and he agreed that's why if we can get like 10:30 it would be perfect. their re their corporate guidelines says that's

458
02:16:42.000 --> 02:16:58.000
really what the minimum would be and if he would really request if we could meet that that would be greatly helpful under his lease and obligations. I told him 11 would be kind of late. Uh 10 he says obviously there are others that are open

459
02:16:58.000 --> 02:17:13.920
to 11 and some at 10. So that's really what his wish would be. Um if that could be met that would be greatly appreciated. Any other questions for the staff of the applicant from the commission?

460
02:17:13.920 --> 02:17:30.479
>> Commissioner Clark. >> Well, just to bring up the I don't have that lady's note and I've looked at it. Well, I have three. I'll go with the one first that I discussed with um staff about the front entrance and the crossover after vehicles have stacked

461
02:17:30.479 --> 02:17:47.760
and gone to the window. there's a two-line stacking and maybe um staff can discuss that a little bit and how whether or not would that would be beneficial to this business. And then when you're crossing the front of the building to go out um I guess more to

462
02:17:47.760 --> 02:18:05.040
the east, I forgot what that road is. It's is it right boulevard or something. when when you're going out there, um you're crossing through the front entrance and through people who may be walking from the parking lot into the

463
02:18:05.040 --> 02:18:25.240
front entrance. And I guess that's probably >> Yeah, right here. >> Yes, Jody. I'm looking at the staff report page 5012. that particular um diagram.

464
02:18:25.359 --> 02:18:41.120
>> Would you mind pulling it up? You get a minute, please. >> Yeah. See, this is >> Yeah. Yeah. So, that's where they would go out. >> They three means of

465
02:18:41.120 --> 02:18:56.800
>> you're talking just >> Yeah. Just where they where they have to cross through. They come around the window and then right through here there there's people coming from this parking lot here right in I guess that's the front of the building. I because this

466
02:18:56.800 --> 02:19:11.760
one I can't see. >> Are you talking about the building sorry the building to the south which is the medical building or the buildings behind it which is a separate commercial property? >> Well your building 2112.

467
02:19:11.760 --> 02:19:27.760
What's that 2112 Jody? The restaurant. >> That is the proposed restaurant location. >> Yeah, that's the restaurant location. >> Okay. Can you talk about that? >> She's looking at the staff report on page five. >> It's the same in front of me. Can you tell? >> It's on the board.

468
02:19:27.760 --> 02:19:43.920
>> Yes. >> So, are you referring to in the front where the two handicap spaces are being proposed where they can where uh pedestrians will be crossing over um where traffic will be flowing either to the to the north or south. Is that what you're referring to?

469
02:19:43.920 --> 02:19:59.600
>> Okay. So, one of the things that we did was one of the original staff comments that was addressed. They wanted to make sure that we had clear path to be able to see and we removed parking from that area to make it a safer area for

470
02:19:59.600 --> 02:20:15.760
pedestrians to cross. There's actually a crosswalk there, safety crosswalk that will be installed at the entrance way of the driveways coming in. So it was addressed at the original staff meetings

471
02:20:15.760 --> 02:20:33.640
and then LPA. So we I believe addressed that uh to be safe zoned. Um there were cars, there was other things there and it's all been removed. Now it's just to be landscaping and bicycles. I believe

472
02:20:34.880 --> 02:20:49.760
>> you're talking about like a safety pedestrian in traffic >> also for pedestrians to cross the crosswalk to get to the southern building. >> I see that hash mark there. Yeah, you're talking about right here

473
02:20:49.760 --> 02:21:06.640
>> between the two handicap spaces, the gray area where they they pull they come out and if they're taking a wheelchair into the the front door, um there's traffic coming right along there. Um

474
02:21:06.640 --> 02:21:22.240
>> that's a 25 foot, you know, access road. Most of these are much smaller. Um, but this has all been designed by ADA, signed off by ADA and all the city consultants that it complies with. So,

475
02:21:22.240 --> 02:21:38.319
it might not be a great representation on this type of plan, but I can assure you that ADA and all staff has done a very thorough job with all the consultants to confirm all of these items. >> Okay. Then my next question, Mr. Mayor,

476
02:21:38.319 --> 02:21:54.240
may I ask you another question? >> Okay. So, I think Miss Joby talked about the hours of operation and we probably need to either stop it at 10 or 11, something less than midnight. >> Agreed. >> And and then the other uh

477
02:21:54.240 --> 02:22:10.319
>> Yeah, we had the traffic issue, the two drive issue. Then we have um I guess they were just concerned that maybe there could be you know it's with any business at all young people hanging out in the parking lot and making noises for

478
02:22:10.319 --> 02:22:27.439
people in Windmir and so on but it is a business like any other business and that's what happens when you have a fast food place at night people are going to go there. Um >> it is quite lit. There is a lot of extra

479
02:22:27.439 --> 02:22:43.840
street lighting that's been put in that the decibel ratings are much higher than our standard and customary because of safety. >> Okay. And then my question is and this might just be the ordinary course of business for Popeye's but I know that they have the two monuments signed but

480
02:22:43.840 --> 02:22:59.760
then they also have like other signs on the building. There's one on the top. They love that chicken. There's a papaya's name. Louisiana Kitchen and then there's round signs on the side of the building. It's a lot of signs. Um,

481
02:22:59.760 --> 02:23:14.720
>> so Commissioner, if you would, if you remember, and you probably don't because this has been going on a long time. The original submitt had probably I don't want to say twice as many signs as it originally did. And Popeye's and staff

482
02:23:14.720 --> 02:23:31.040
dropped it to only five. So what is considered to be originally aggressive with lots of signs, they have drastically reduced it to only five signs now. >> And the monument sign has been removed completely.

483
02:23:31.040 --> 02:23:46.960
>> Okay. as requested by staff and the applicant knows the our tenant knows that if he wants that monument sign to go back in, he has to go back to the POA back everywhere to get it approved and he

484
02:23:46.960 --> 02:24:01.920
knows about it. He's accepted it and he's really excited to get in here. >> So that monument sign example from Port St. Lucy is not there anymore. The one fronting outside of the property on the POA has been removed.

485
02:24:01.920 --> 02:24:22.160
>> Okay. >> Do any of the other commissioners have questions for the staff or the applicant? >> Yes, >> Commissioner Gio. >> It's a two lane drive-thru. I understand >> double stacked is what it's actually

486
02:24:22.160 --> 02:24:36.640
called. Yes. >> I didn't mean to correct you. I just wanted to give you the proper terminology. >> Okay. Double stack drive through. >> It's in the back. That's where the double stacking is. >> But when they come out, will they be It looks like they'll be entering on well

487
02:24:36.640 --> 02:24:52.000
out of two of those exits onto um the main road, US one. >> No, ma'am. No. This property is set back off of and within the boundaries of the parcel owned by 1560 Boone which is

488
02:24:52.000 --> 02:25:09.280
shown on a few different plans. If you see the blue area and then you can see where federal highway is. So there is nothing entering or leaving directly. It has to go first into a parking area

489
02:25:09.280 --> 02:25:26.880
which is for safety and protection. It's behind the buffer of the beautiful landscaping that has been developed over the past 1015 years. So you don't even see it technically. And then there are as we discussed earlier three ways for the vehicular traffic. So, the way it

490
02:25:26.880 --> 02:25:43.439
works is one car drives in just like McDonald's and it stacks in the back and the second car drives in and it stacks on the other driveway. One car will then come around and pick

491
02:25:43.439 --> 02:25:59.680
up the food in only one lane. So, the only double stacking that you see is in the eastern rear section of the parcel. There's only one lane coming out >> and one lane going in. The rest is to be

492
02:25:59.680 --> 02:26:16.880
able to get more orders in the back that then one car comes by, picks it up, and leaves another car. So, there's never two cards side by side unless they use the bypass lane and they don't want to order anything. So, there's a bypass

493
02:26:16.880 --> 02:26:32.319
lane separate and apart that you can leave. Any of the other board members have questions for staff or the applicant? >> Um, I had a question. Sure. >> Um, during first reading, did you

494
02:26:32.319 --> 02:26:48.160
address all the neighbors concerns? I remember >> we did. >> There was some conversation and some of it might have been legal and the cleanup of the property and the maintenance of the property. >> Yeah. most of those comments uh we've we've addressed as as Jody just

495
02:26:48.160 --> 02:27:03.680
addressed also the POA the property owner association owns everything outside of the parcel we've committed to work with them even if we have to go spend money if they don't to make sure

496
02:27:03.680 --> 02:27:20.880
at opening that the entire Windmir is going to be completely rellandscaped even at our nickel because the concern I was the original developer So when it all got turned over, that's when all the problems took place for whatever reason. But we've committed to

497
02:27:20.880 --> 02:27:38.000
fulfill every obligation even if the POA doesn't >> to make sure. >> Has the POA fulfilled it yet? >> I really don't know, sir. I can't tell you that because I'm not part of the POA. >> So I would lie to you to tell you that yes, they have or yes, they have not.

498
02:27:38.000 --> 02:27:54.319
But I know code's working with us and they wanted to get through the hearing so we don't have any code violations to prevent the hearing and then we committed to work with staff and code on making sure if there's any landscape issues and we can put it in development

499
02:27:54.319 --> 02:28:10.720
order that we will comply with it. >> Jody, do you know if they were addressed then from first reading? >> Uh Mayor Reed. Uh yes, we did uh pull the original set of plans and overlay um we weren't Mr. when we did that, but we have identified the areas that need to

500
02:28:10.720 --> 02:28:26.720
be rellandscaped. We'll be working with Mr. Sherman. All that will have to be addressed prior to any CO that's being issued to the property so we don't fall into any type of landscape issues that were originally promised being that this is the last parcel of this PED. This will complete this this plan

501
02:28:26.720 --> 02:28:42.000
development. Unfortunately, he will be the one that will have to bring the site into compliance. And we'll also >> we're agreeing to do that at our our cost and expense. >> And we're also working with the POA as well. So, um to try to keep the long-term maintenance um so we don't

502
02:28:42.000 --> 02:28:57.280
have any code issues, but we didn't want to issue a code violation because that would prevent any type of uh requirements for him to have a uh development order today. you can put it in as a condition that he will be u making sure that it landscapes along Windemir that it is brought to code that

503
02:28:57.280 --> 02:29:13.040
from the original approval >> we agree we agree with you to do that >> okay but just to quickly sum it up it's not >> been addressed yet but it will be addressed before a co is issued >> that is correct and you can certainly make that condition as well >> okay um

504
02:29:13.040 --> 02:29:29.439
do other commissioners have any questions for staff or the applicant does the petitioner wish to offer any addition information before concluding its presentation. >> No, I think uh we've worked very closely together with everybody and by making

505
02:29:29.439 --> 02:29:45.920
this commitment to make sure that the landscaping is fully in compliance and putting it into the order, we're very happy to do that. >> Uh does the board want to discuss the hours before we move forward? I know we've heard 10 and 11. I I think

506
02:29:45.920 --> 02:30:01.200
10:30 would be probably the happy medium and meets compliance with Popeye's franchise agreement if that can be done. It's a big change for them. Obviously, nighttime for these people is important, but as I do understand, this town

507
02:30:01.200 --> 02:30:21.760
probably is not going to need 12:00 and 10:30 would be phenomenal and is in compliance if you could request that and assist. element should best be addressed in the motion. >> Well, after a motion is made including

508
02:30:21.760 --> 02:30:45.600
that, then you have discussion. >> Well, I I think you need to get a motion and then have more further discussion. Um, I think we need to close the evidence unless the applicant has any more. >> Uh, the presentation of evidence has

509
02:30:45.600 --> 02:31:04.720
ended and the hearing is closed. Does any member of the public wish to make a comment? Public comment is limited to three minutes per the city code. >> Let's see. It says the party shall be provided with equal time to present the board with closing remarks. And this is

510
02:31:04.720 --> 02:31:20.720
regarding new evidence or testimony correctly. >> Yes. So the the evidentary has been closed. So if if the applicant wants to make any closing remarks, now's the time that they usually happens after public comment so that they can readress anything that was raised, but there

511
02:31:20.720 --> 02:31:36.640
wasn't any. So >> I I would move on and let's uh request a motion. >> All right. So we're looking for a motion in the form of a motion from the board. I'll make a motion for move forward ordinance 2546 2025

512
02:31:36.640 --> 02:32:08.960
ordinance of the city Florida approving a major amendment to phase 3B commercialing It's true. Then you can discuss it. >> All right. Uh, do we have a second on the motion? >> Um, I'll make a second on the motion.

513
02:32:08.960 --> 02:32:31.040
>> All right. >> Anticipating an amendment. >> So, we have a motion for uh ordinance number 2546 2025 from Commissioner and by Commissioner Rich. Public comment on this motion. No public

514
02:32:31.040 --> 02:32:54.479
com. We can deliberate the motion and discuss it. Any other board members want to talk about any stipulations regarding the motion? Commissioner Rich, your lights on. >> Um, well, it looks like the process

515
02:32:54.479 --> 02:33:12.640
works here. Um, Glad to see that no one from Windemir felt the need to show up and express their concerns because apparently staff and the applicant have met with them and dealt with that. So, good for both parties there. I'm very happy to hear

516
02:33:12.640 --> 02:33:27.439
that they're willing to uh limit their closing time till 10:30. And then I would ask that the maker of the motion accept an amendment to our motion to indicate

517
02:33:27.439 --> 02:33:54.240
Operating hours would conclude at 10:30 p.m. I guess. Is it seven days a week? Is Popeye's open seven days a week? I >> Sorry, I told you to stop. >> Sorry. >> Well, that's what we're doing now. Commissioner Rich mentioned it. Any

518
02:33:54.240 --> 02:34:33.120
other board members want to discuss the motion the times or amending it? >> I personally would like to see 10 Well, the evidentiary has closed. I I you know, obviously you had a question if it's open seven days a week. I I

519
02:34:33.120 --> 02:34:49.680
mean, it would be up to the board if you >> That's not essential, >> right? I don't think that's Yeah. >> So, I I think it what's essential is what when it is open when it closes. >> I'm not the operator, so I can't give you the actual information. I'm just being honest with you.

520
02:34:49.680 --> 02:35:05.680
>> I want to point out that you there were two issues that still need that you need to address as conditions. One was the timing >> which he's indicating his his client has a franchise agreement requires that they stay open till 10:30. So that might

521
02:35:05.680 --> 02:35:21.520
create a problem by being earlier than that. Number two, I haven't heard you guys address in the motion yet is the landscaping which would not be covered by the property owners association. If you recall in the prior hearing, the applicant was indicating that they

522
02:35:21.520 --> 02:35:35.439
don't have control over the property owners association. They've been dropping the ball. Apparently, they're willing to cover the landscaping, but we need to address it in a conditional. It's got to be a condition placed in it that's not in the draft ordinance as it

523
02:35:35.439 --> 02:35:52.359
is. You got to add that in a motion. So, as far as supplementing the landscape that's missing along Windmir, so I just point out that when you're talking about mending the motion, there were two issues that I recos

524
02:36:06.800 --> 02:36:22.240
10:30 to me. >> This agreement says 10 10:30, right? >> Yes, ma'am. That's what the um client the top franchisee says his franchise agreement outlines as the

525
02:36:22.240 --> 02:36:43.359
>> earliest closing date is 10:30 in agreement. I'd like to make motion with an amendment to 2546 2025 stating that the operation will end at 10:30 p.m. and also that Landscaping at

526
02:36:43.359 --> 02:36:59.040
Windir would be covered at the cost of the developer. I wasn't sure who was covering the cost of land. >> Just refer to the applicant. The applicant. May I speak on that for a second? >> I don't think we can.

527
02:36:59.040 --> 02:37:13.200
>> We're in the middle of a motion. >> Well, I'm sorry. Well, you're you're negotiating terms. So, I mean, if you I can ask him a question. It's just >> I was just really going on what he had said previously, which is that at his cost, he would said, "I will make sure

528
02:37:13.200 --> 02:37:31.439
that it will be taken care of as my obligation. The POA's costs will be there. If we have to advance those dollars because they don't, we will take care of it." >> Okay? >> And I'm going to offset against my POA cost. So it could be worded that it

529
02:37:31.439 --> 02:37:47.600
would be the my suggestion the applicant's responsibility to make sure that the landscaping is in compliance with the code prior to opening we will fulfill that obligation whatever it's

530
02:37:47.600 --> 02:38:04.800
going to take would be the best for us >> it for you right commissioner >> go yes I'm just thinking of the wording here so maybe that the landscaping would be brought up to code before a certificate of occupancy is issued by

531
02:38:04.800 --> 02:38:21.920
the city. >> Yes. Thank you. >> Okay. Thank you. Okay. So, ordinance 25462 ordinance of the city of city of Stewart approving a major amendment to phase 3B of Wind commercial plan development

532
02:38:21.920 --> 02:38:43.840
including a um close time of 10:30 p.m. and including that um landscaping would be brought up to code prior to >> I will second that. So, we have a motion for ordinance 2546 2025 com from

533
02:38:43.840 --> 02:39:00.640
Commissioner Goi with the stipulations that they close at 10:30 p.m. and that they bring up their land development and landscaping up to code for the city of Stewart land development code before they're issued a certificate of occupancy and seconded by Commissioner

534
02:39:00.640 --> 02:39:15.280
Rich. Um, all right, Mary. Roll call. Commissioner Dobby, >> yes. >> Commissioner Rich, >> yes. >> Commissioner Clark, >> no. >> Mayor Reid, >> no.

535
02:39:15.280 --> 02:39:37.280
>> Uh, motion fails with Commissioner Clark and Mayor Reid descenting. >> You can entertain another motion or it can be moved on to the next agenda >> or we can table it for a fifth person.

536
02:39:37.280 --> 02:39:55.040
We could do um so just >> hang on one sec. Um so the board the board can uh make another motion. You can make a motion to table it to a date certain um when there is a fifth board member here. Um or >> is there a conversation on the motions?

537
02:39:55.040 --> 02:40:11.680
>> There's no conversations after the motions >> otherwise I'm not going to start all over again. So I would suggest that we move it forward to date. >> You can make a motion.

538
02:40:11.680 --> 02:40:32.319
>> It is a motion. Yeah, that is a motion to move ordinance 2546 2025 major amendments development to a date forward certain date forward when we have August 24th.

539
02:40:32.319 --> 02:40:48.800
Yes. Do we need to be specific? >> I I would just state a motion to continue the second reading until August 24th. >> Okay. Make a motion for ordinance 2546 2025 to >> the second reading to be continued.

540
02:40:48.800 --> 02:41:05.840
>> Yeah. Second reading >> to be continued >> continued >> until August 24th. >> August 2026. >> I'll second that. We have a motion to move ordinance 2546 2025

541
02:41:05.840 --> 02:41:30.000
to second reading on August 24th, 2026 by Commissioner Gio and seconded by Commissioner Rich. Mary, roll call. >> Mayor Reed. >> Yes. >> Commissioner Rich. >> Yeah. I mean, it's a motion. So, we can This is new motion. So let's do public

542
02:41:30.000 --> 02:41:46.960
comment on that if there is. >> All right. Is there any public comment on this motion? Seeing none, Mary will >> Yes. public. >> So after two and a half years of waiting

543
02:41:46.960 --> 02:42:02.960
for this, I'm trying to understand where or why or what you felt was not inacceptable to have this passed. I am. We've done every single thing possible for two and a half

544
02:42:02.960 --> 02:42:19.920
years to wait for this. We are now going to lose the tenant. It is done. Our lease is finished. There's $50,000 in fines. And I'm just trying to grasp after every single thing that we've done

545
02:42:19.920 --> 02:42:35.040
what we did wrong. What was it that anybody would want different than what staff has approved? Seven consultants and I am completely

546
02:42:35.040 --> 02:42:57.359
devastated. I canled my trip to Italy to come to this meeting tonight at a severe cost and challenge. And Jody knows it. And I'm just trying to find out of the

547
02:42:57.359 --> 02:43:15.359
kindness of your heart what the two people that chose not to vote would want so we can assist you in meeting your requests. We've done everything. We heard that there was no one in the audience.

548
02:43:15.359 --> 02:43:31.040
Two and a half years to make sure everybody was a fine so everything would move forward. And I'm trying to understand what we did wrong. Can anybody share that or is it not allowed or do we have to do privates or do we

549
02:43:31.040 --> 02:43:48.399
have to do something else? Can anybody share any light on it? >> Thank you. Thank you for your public comment. Are there any other public comments? Mary. >> All right. Roll call. Mary.

550
02:43:48.399 --> 02:44:04.560
>> Mayor Reed. >> Yes. >> Commissioner Clark. >> Yes. >> Commissioner Dobby. >> Yes. >> Commissioner Rich. >> Yes. >> Motion passes unanimously. Moving on to ordinance second reading regarding backyard chickens and certain residential zoning districts. Lee, if

551
02:44:04.560 --> 02:44:19.520
you could read it. Ordinance number 2552-2026, an ordinance of the city commission of the city of Steward, Florida, amending the city's land development code, chapter 2, zoning districts uses allowed

552
02:44:19.520 --> 02:44:40.560
density intensity section 2.06.00 supplemental use standards to add a new section 2.06.24 24 backyard chickens in certain residential zoning districts and to amend the city's code of ordinances chapter 8 animals article one in general

553
02:44:40.560 --> 02:44:57.439
section 8.2 livestock prohibited in the Steuart's code of ordinances by removing certain provisions related to allow backyard chickens in certain residential zoning districts providing for the repeal of prior ordinances and resolutions.

554
02:44:57.439 --> 02:45:12.640
providing for codification, providing for severability, providing for an effective date and for other purposes. And I just want to point out that this is the second reading and you are like I unlike what I said at the last um reading of the ordinance where you put

555
02:45:12.640 --> 02:45:30.880
on your quasi judicial hats here, you're legislative. So we don't have to go through the quasi judicial proceeding. >> Any comments from uh board members regarding this agenda item? Can we have the staff presentation

556
02:45:30.880 --> 02:45:47.920
first? >> Presentation. >> I do have a presentation. >> Sorry, Jody. >> That's okay. Uh, good evening, mayor uh, and commissioners. Again, my name is Jody Cougler, uh, with the development department. I am presenting item number six, which is back there chickens in certain residential zoning districts. On

557
02:45:47.920 --> 02:46:04.160
May February May on February 20 23rd, 2026, the city commission directed staff to prepare the necessary ordinance to allow backyard chickens within certain residential districts. The city commission recognizes a growing trend toward sustainable living practices,

558
02:46:04.160 --> 02:46:21.279
including the desire to incorporate fresher, locally sourced products and daily diets. Additionally, there is an increasing interest in improving and providing residents with opportunities to encourage in a smallcale backyard food production. Allowing a limited

559
02:46:21.279 --> 02:46:37.520
number of chickens on residential property supports these objectives by enabling property owners to produce eggs for personal consumption. The proposed amendment would permit the keeping of up to four chickens as an accessory use on occupied detached single family and

560
02:46:37.520 --> 02:46:53.760
duplex properties within the R1A, R1, R2, urban neighborhood, and single family detached zoning districts within the East Stewart neighborhood. This would be the subject to the terms and conditions outlined in the attached draft ordinance.

561
02:46:53.760 --> 02:47:11.200
Uh the intent of the ordinance is to establish and implement a permanent backyard chicken keeping pro program allowing residents on developed and occupied detached structures and uh in approvals uh and subject to terms outlined in this ordinance.

562
02:47:11.200 --> 02:47:26.960
These are the locations um that you uh identified as your R1, R1A, R2 un uh urban neighborhood and single family within the East Stewart. Uh we did tally up some of the parcels um in the different districts that would be uh

563
02:47:26.960 --> 02:47:43.279
subject to allow backyard chickens. And you can see in R1 there's 100 1,126 parcels that would qualify if the ordinance was passed. In R1A there's 541 parcels. In R2 there's 299.

564
02:47:43.279 --> 02:47:59.279
In your urban neighborhood there's 82. In your single family district in East is 107. And this just kind of breaks down that that the R1, this is the locations that you can see in orange. That is the locations of where those parcels are

565
02:47:59.279 --> 02:48:16.720
located. Again, in R1A is outlined in yellow. These are the locations shown. And R2 is like a greenish color. Um, this shows the locations. And your urban neighborhood is a tan

566
02:48:16.720 --> 02:48:32.319
color. And then your single family uh duplex is um more like a yellowish color. And then uh just to shows the Steuart Road network and then uh duplexes

567
02:48:32.319 --> 02:48:49.439
parcels is 270. Um on May 5th, 2025, the community redevelopment board held a public hearing and recommended approval to the city commission with the following recommendations. Consider a hedge in lie of a fence. increase the height of the chicken coop

568
02:48:49.439 --> 02:49:05.600
to 7 feet and consider a 5-ft fence in lie of a sixoot fence. Again, this item was heard by the local planning agency on May 14, 2026 and they held a public hearing recommended approval for the city commission with the caveat that the city commission

569
02:49:05.600 --> 02:49:22.240
consider any annual fee in lie of a payment of $65. Additionally, the local planning agency recommended a yearly license renewal fee of $10. At the first reading, uh the city commission voted 3 to1 to approve the first reading and transmit the ordinance

570
02:49:22.240 --> 02:49:38.880
for second hearing. During the discussion, the commission requested that staff address the potential impacts of chicken manure runoff from properties adjacent to body water bodies within the city of Stewart. um looking at uh one of the comp plans

571
02:49:38.880 --> 02:49:54.960
that were quoted uh during that hearing um was the first part of that section of the policy 5.82.5. Um and if you go further, the policy addresses these are the certain areas that that policy addresses and how it

572
02:49:54.960 --> 02:50:11.439
and it's mainly more so for um new houses, storm water management systems, uh your flood control structures. However, chapter six does apply to this policy and then also uh could be uh applied as far as the manure waste along

573
02:50:11.439 --> 02:50:27.359
bodies of waters uh where appropriate encourage low impact development practices. Um so staff did look at um some some keyynotes of what that means. Um so this was some of the um areas that would be able to have low low impact

574
02:50:27.359 --> 02:50:44.080
developments. These are some of the things that that you could use. um one through five where it talks about different types of how that would be established and be accomplished through the we're meeting meeting the comprehensive plan also working with your environmental

575
02:50:44.080 --> 02:51:00.560
attorney u we did look at additional other languages um that were parcels of that abued the b same body of water which is the St. Lucy River which is one of our main uh highlights here uh St. Lucy County does allow up to five chickens on their properties and they

576
02:51:00.560 --> 02:51:16.160
not allow any type of of coups or chickens shall be not permitted on any parcel that is adjacent to the shoreline of the St. Lucy River. And I did change this up a little bit that we could add this language into the ordinance addressing uh the manure runoff uh

577
02:51:16.160 --> 02:51:33.279
properties of adjacent to water waters. Um so the chickens or chicken coops shall not be permitted on any parcel that is adjacent to the shoreline of the St. Lucy River, Pppleton Creek, Frasier Creek, Haney Creek, Krueger Creek, and

578
02:51:33.279 --> 02:51:49.680
Willoughby Creek, or any adjacent to any swills or tributes of each of the named water bodies. Um, this would hopefully address some of the issues that were um brought up to staff at the first reading. Um, and this concludes staff's

579
02:51:49.680 --> 02:52:05.279
presentation. If you have any questions, um, I'm happy to answer them. >> Jody, I have a question. Are you able to show us on the zoning map with all the filters on where you'd be able to have them based off how the ordinance is currently written? Like I know you had

580
02:52:05.279 --> 02:52:21.279
slides I believe where it showed those specific. >> So I don't have an overall map other than just my zoning map, but um I did kind of try to break them out. Um I apologize I did not have that. Um, but you can see that there is a substantial

581
02:52:21.279 --> 02:52:38.319
I think your R1A is most is the ones where I'm sorry, your R1 is going to be your highly more uh areas that are would be um this is where over 1,126 parcels exist today that would qualify

582
02:52:38.319 --> 02:52:59.840
for backyard chickens. >> So, you wouldn't be able to have them in urban center. >> You could have it in the urban neighborhood, >> but not urban center. Not urban center. Urban center is a mix of commercial properties. >> Do any of the commissioners have any

583
02:52:59.840 --> 02:53:20.240
comments for staff? >> Uh, Commissioner Clark. >> Oh, okay. So, I think I have a lot, but I'm just going to start with that last thing that you went on the mean high water first of

584
02:53:20.240 --> 02:53:37.200
all the urban neighborhood um and I I I forgot to check where like where we had the ground floor forms at the collab when we gave them that lease did we change the land use and the zoning again or is it still the same

585
02:53:37.200 --> 02:53:54.640
that if anything in the future you could still go back and do the urban agriculture there which is right Fraser Creek >> if it's an R1 zoning district and they could be qualified. I don't have that particular answer. >> Okay. So, I'm asking if that had ever

586
02:53:54.640 --> 02:54:10.720
changed. Maybe if Mr. um Mr. Bagot knows uh uh can check that if the urban agriculture that we had for um ground for farms on Martin Luther King which is adjacent to the Fraser Creek. I forgot

587
02:54:10.720 --> 02:54:27.920
when we switched over those leases if we actually change the use um both the land use and the zoning there. So, I was concerned about that to make sure >> uh if it says um nothing adjacent to

588
02:54:27.920 --> 02:54:44.560
Frasier Creek, if that use was still could still be in effect on that property and if that property was listed as one of those that you have on the on the list of places. That's my one question. And the other question was

589
02:54:44.560 --> 02:55:01.600
with the mean high water. Going back to the um water bodies is um I'm surprised that our environmental attorney didn't give it uh what I call a a high water level elevation with a distance. So it

590
02:55:01.600 --> 02:55:18.479
says it shall not be permitted on any parcel that is adjacent. And I want to know where that adjacent is. 10 feet, 20 feet, 30 feet back from the shoreline. Most people have it. I've looked at a few other communities and I

591
02:55:18.479 --> 02:55:34.880
found one community, I think it was in Orlando, they had it 50 feet from the mean high water elevation of the shoreline. So, I'd like to have some kind of a um measurement. Uh it says nothing adjacent

592
02:55:34.880 --> 02:55:50.479
to the shoreline. I know that we have those other measurements with 10 feet and five feet and 15 feet with regard to whether it's corner lot or whether it's from the building or from the next door neighbor and by the time you make all

593
02:55:50.479 --> 02:56:07.520
those measurements when you have a small lot 25 ft 15 feet it's going to be like I don't know where the cup is going to be like right outside the back door because you've got to come in from the neighbors um and be away from their ne their fences well fence between them. So

594
02:56:07.520 --> 02:56:24.160
I think that that's important. So I'd want to have more I'd have more direction on that. >> Commissioner Clark, >> if I may, Commissioner Clark. >> Okay. >> So the garden that you're referring to that's in Martin Luther King. Um that that property is

595
02:56:24.160 --> 02:56:40.080
not occupied by any type of structure. So it would not be qualified to have backyard chickens. You have to have a it has to be an occupied structure on the principal building. >> The entire collab property would not allow in the future. >> Correct. Because there would be no one

596
02:56:40.080 --> 02:56:56.399
there to take care of the chickens on a daily basis. It's it's really supposed to be >> I'm saying the land use that was there that urban is the urban neighborhood. >> Urban agriculture. >> Yes. >> So, but even if that parcel was qualified, you still would not qualify

597
02:56:56.399 --> 02:57:13.200
it because it does not have a structure or a primary use. Okay. But it's still urban neighborhood, but it would have to meet all the requirements and then it wouldn't make it just like how some homes are not going to make it because they may not be able to meet the setbacks and so on if

598
02:57:13.200 --> 02:57:27.760
this were to pass. Right. >> Okay. >> And to answer your second question about the shoreline. So if you have a property that's adjacent to any shoreline like your Frasier Creek and we can add the language basically that's coming from your chapter 5 land development code. It

599
02:57:27.760 --> 02:57:43.200
talks about the shoreline. Um it re the intent was if you are adjacent to any type of body of water which is identified in this code you would not be uh allowed to have backyard chickens because one of the biggest concern was

600
02:57:43.200 --> 02:57:59.760
the the um waste running into the waterway. So if you're along Frasier Creek and you back up right to that Frasier Creek you would not be entitled to allow to have a have backyard chickens. >> Okay. any type of water, whether it's a

601
02:57:59.760 --> 02:58:15.600
navigable water or just a small creek or anything. No shoreline. If your home has a shore is adjacent to a shoreline, >> right? Your backyard. >> Yes. If your if your shoreline >> if your backyard butts one of those shorelines, you would not be entitled to

602
02:58:15.600 --> 02:58:32.399
having a backyard chicken um permit >> or or swailes, tributaries. Okay. >> Yeah. just it it's not 25 like the shoreline protection is 25 ft from like the tidal waterway but if you have a

603
02:58:32.399 --> 02:58:48.720
parcel on the tidal waterway there is no 25 it's you're not allowed on your parcel >> right >> it would have to be the one next door or you know more inland >> or a swale some uh beside okay >> and I'm looking at the section 2.0608 of urban agriculture in our current code

604
02:58:48.720 --> 02:59:05.800
and I don't see that it it's four pages but as I'm sitting here I'm not seeing that it prohibits this uh from being close to um Frasier Creek which is where Collab Kitchen is.

605
02:59:06.560 --> 02:59:22.080
>> Are you saying there's a conflict? >> No. >> You you had asked whether the current urban uh farms, urban agriculture prohibits um you know um growing crops or having chickens because in that we

606
02:59:22.080 --> 02:59:39.840
have 30 chickens. um whether it applies or there's any prohibition or restriction next to navigable waterways and I don't see it in the code. >> It wouldn't be in conflict because this is in the urban neighborhoods. We're talking about single family

607
02:59:39.840 --> 02:59:54.960
>> many different zoning districts. >> She had urban neighborhood as one of the zoning districts though, right? Is that correct? >> That is what you >> Yeah. Urban neighborhood with single families in it. >> Right. Single families and not adjacent to any type of shorine. that's identified in this um additional

608
02:59:54.960 --> 03:00:10.240
language that we could add. >> Okay. Um >> No, I think I'd asked my questions the last time about um rodents and and other things. So, I'm I I was just concerned

609
03:00:10.240 --> 03:00:25.680
about the setbacks and so on and and then set back home water. And I I know you mentioned Jody uh you can have them in urban general as long as they're single family >> just urban neighborhood. >> Urban neighborhood >> you in

610
03:00:25.680 --> 03:00:41.359
>> and urban neighborhood is only residential then. >> Yes. So there's your urban neighborhood. These are the parcels and I can uh >> Yeah. The way that the way the current

611
03:00:41.359 --> 03:00:58.000
proposed ordinance is it only It's in v all the various zoning districts but only single family >> and duplex uh dwellings. >> Urban center though is >> no not urban center just urban neighborhood. >> Yeah. If there's any of the zoning districts that have single family. So it

612
03:00:58.000 --> 03:01:17.359
applies to that's why she has eastward is single family duplex R1 R2 R1A. >> I'd like to see an urban center for single family resial houses. Mayor Reed, you can make that amendment if that would >> I'm just I'm mentioning it to the board

613
03:01:17.359 --> 03:01:34.160
and stuff as well. I don't think someone should be punished for that. >> And also the proposed language that Jody had up there on the slide that's not currently in the So >> it's not in >> right. So you would need to address that in your motion. >> Right.

614
03:01:34.160 --> 03:01:51.279
>> We had to do some research. >> I mentioned about the height being tall as well. >> Yes. think is too small. Those are two things that I'd like to see as an emergency center for single family and 7 foot tall in the form of a

615
03:01:51.279 --> 03:02:09.359
motion if someone was going to make one. >> Mayor Rich, are you inclined to also add the additional language uh that staff is proposing regarding the uh chicken hoops coops or chickens not permitted in the certain areas? The additional language on on the screen

616
03:02:09.359 --> 03:02:26.000
>> I think that address commissioner Rich's concerns regarding the river >> and I think that would meet the intent of the comprehensive plan. >> Correct. Um I remember at the first reading as well there was some concerns I don't know basis on if

617
03:02:26.000 --> 03:02:46.640
this all meets it based off this additional language. I don't remember the exact question that was had from first reading. water elevation. >> I don't remember specifically. I just remember >> I don't remember Commissioner Rich's

618
03:02:46.640 --> 03:03:03.760
comment. Um but since I'm up here, I'd like to address setbacks because we had we had originally thought about setbacks uh after the last commission meeting um because of Commissioner Clark's um you know wellfounded comment on that. But when you start thinking about setbacks

619
03:03:03.760 --> 03:03:19.040
from mean high water, you think about that from a homeowner's perspective who may live on a creek or or the river. So the mean high water 20 years ago is not necessarily the same as it is today. And if you think about a setback from mean

620
03:03:19.040 --> 03:03:33.760
high water and every homeowner that maybe wants a chicken coupe has to get a survey, that's kind of impractical. >> So we thought, you know, we looked at our sister um cities and counties and what are they doing? and they're just they just eliminated it from you know

621
03:03:33.760 --> 03:03:49.760
Indian River Lagoon South water bodies and so we thought that was probably the the right thing to do there but I'm happy to uh if Commissioner Rich if if you happen to recall the issue that you brought up

622
03:03:49.760 --> 03:04:05.840
>> complying with the comprehensive plan and addressing the explicit concerns delineated um is dealt with with this complete prohibition I would like however to see a survey. I did ask specifically that we be provided

623
03:04:05.840 --> 03:04:21.439
with the survey of all water bodies, especially when you're getting to swelles and tributaries. >> So, I'm disappointed not to see that. >> So, Commissioner Richard, your um comprehensive plan has a rendering in there already that's already been Yes.

624
03:04:21.439 --> 03:04:47.600
>> Okay. responding to questions. >> No, I just um I'm spending a lot of time speaking to a great many people and there's a lot of concern and there's no homeless chickens pleading to

625
03:04:47.600 --> 03:05:05.040
be cooped. So, I don't understand the rush here. I think we should wait until we have a full body to make the decision. Um, right now the opinions provided to me are overwhelmingly in opposition.

626
03:05:05.040 --> 03:05:22.800
I'd like to give those in favor an opportunity to indicate their support. So, I'd like to make actually a motion to continue to um

627
03:05:22.800 --> 03:05:38.080
the date in September. I'd like to give the new board a chance to get their feet underneath them, which I believe. So, I would like to make a motion because I don't want to see this go away. If it's defeated, if it fails to pass, then it would be a year before it could be brought back. And I don't want that to

628
03:05:38.080 --> 03:06:22.960
occur. But the first in September September 14th and that's my motion. >> There's a second otherwise no >> second motion for discussion. I personally so I'd like to see an agreement from the

629
03:06:22.960 --> 03:06:40.560
owners that they agree and then of course an agreement between the people who basically literally. So that's something I would like to see. >> So for clarification, if someone rents in any of the areas, you'd want to see

630
03:06:40.560 --> 03:06:59.680
some sort of agreement from the homeowner saying, >> especially at least one sides of that duplex. >> One sec, Commissioner Rich. Commissioner Clark, your light was on next. >> Okay. Thanks. So that application when

631
03:06:59.680 --> 03:07:16.240
if they were to apply for a permit, if this ever went through, then they could it would be there that they have a sign off from the owner of the property. Okay. So, a couple of things if if uh just and I don't know, I don't think we've

632
03:07:16.240 --> 03:07:32.319
had anybody from EFAS here. I know that we've had some people who are um very close with us and probably what they've they've done if they're currently keeping chickens, but um Miss uh Cougler

633
03:07:32.319 --> 03:07:47.760
or I don't think I saw it anywhere in the proposed ordinance that people would have to like take a training course or something or be certified. I know they would have to pay like a $10 every year, but if they if they followed IAS

634
03:07:47.760 --> 03:08:03.600
guidelines and took a training course. You know, we go to the training for how to take care of your yard waste and other things if uh they offer a lot of things uh through those programs if something like that could be looked into

635
03:08:03.600 --> 03:08:18.880
um for that. And then I mean everybody talks about transparency here and we know that there are people who have chickens and I was wondering there's a couple of things related to that. If it if something like this were to ever go

636
03:08:18.880 --> 03:08:36.399
through is that um if we know that there are people now and people probably will come forward tonight and say that they have chickens on their property and maybe they'll be chastised for it or whatever. But at the same time,

637
03:08:36.399 --> 03:08:53.680
maybe we can use this as an opportunity to look and see what is actually happening. People have talked about a trial thing and that's one And I'm not going to go any further on that. The other issue with regard to trial or if it ever went through, I know that you

638
03:08:53.680 --> 03:09:10.560
provided us with all of the properties and the potential for those properties to qualify and of course they have to meet this setbacks and the shoreline and all those other things. However, if we actually said in the city of Stewart

639
03:09:10.560 --> 03:09:26.560
that we had x amount, it's almost like a lottery. you had x amount of um numbers of people who could have chickens, whether it's a 100, 75, whatever it is, and that's it. And so

640
03:09:26.560 --> 03:09:43.359
that we know what the potential load of waste or whatever would be if anything like that ever came about. I think that I've seen other communities that have limited the number of households or the number of applications to a certain

641
03:09:43.359 --> 03:10:00.160
limit and that's it. And if we look at the urban community and the amount of waterways that we have, um I think that it'd be a good thing to set a limit. I think um the environmental attorney had mentioned some type of a trial number or

642
03:10:00.160 --> 03:10:15.200
or I don't know if it was a trial period or trial number, but I think or trial group. Okay. >> A trial period. >> Mr. Mayor, Mr. Mayor, point of order. >> Sorry. >> Point of order. There is a motion to continuous to a specific date not to

643
03:10:15.200 --> 03:10:32.080
discuss the merits. >> Okay. Well, I was >> of this that is not the motion. >> Okay. >> First of all, you should have asked for public comment on that motion and that second and then the discussion is confined to that matter. In fact, this irrelevant discussion

644
03:10:32.080 --> 03:10:50.640
proves my point. We still have a great deal to talk about with regard to this and there's no hurry. >> Okay, I hear that. >> Thank you. >> Uh, is there any public comment on this

645
03:10:50.640 --> 03:11:16.319
motion? >> Samantha Smith. Good evening, commissioners. Nice to see you again. Thank you for having me. Um, not to go on a weird tangent here, but while I hear Commissioner Rich that there is no rush, for me there sort of

646
03:11:16.319 --> 03:11:32.160
is. I was involved in a rollover accident on Wednesday on I95 hydroplaning. I understand that's irrelevant to this ordinance, but I have spent a lot of my time, some of my own money, and a lot of um a lot of stress

647
03:11:32.160 --> 03:11:47.520
to be quite honest, to be in front of you to try and address your concerns, to try and get this passed for people that live here and have faith in you to listen to them and to work for them. We've done the work. We've organized. We've been polite. We've asked for

648
03:11:47.520 --> 03:12:04.399
permission. All we're asking you is that you try to work with us that you hear what it is that we're bringing to you and do your jobs. This is not a monumental feat. The recipe exists and it works elsewhere.

649
03:12:04.399 --> 03:12:24.000
We're really just asking you to let us into the kitchen to cook. We have faith in you to govern us. We would hope that you have faith in us to govern ourselves at home. If you are unwilling to listen and to try and to trust, then

650
03:12:24.000 --> 03:12:44.359
I am unwilling to reelect you. I understand it's an election year. I do. This is not the hill you want to die on as somebody who almost died on a hill. Okay, Michelle Ketchum.

651
03:12:49.439 --> 03:13:05.840
I support allowing residents to keep up to four backyard hens. First, backyard hens provide families with a reliable source of fresh organic eggs. Homeowners know exactly how their hens are raised, what they're fed, what their where their food comes from.

652
03:13:05.840 --> 03:13:21.680
Fresh eggs from well cared for hens can be healthier and more nutritious than eggs that have traveled long distances to grocery stores that are usually over a month old before they even make it to the shelves. Eggs are one of the most nutrientdense

653
03:13:21.680 --> 03:13:37.200
foods on the planet packed with high quality protein essential fats and nearly every vitamin and mineral your body needs. Just one egg delivers a perfect balance of amino acids for muscle repair, choline for brain function and antioxidants like luteine

654
03:13:37.200 --> 03:13:52.160
to protect your eyes from premature aging. Despite outdated fears about cholesterol, research shows that eggs can actually improve heart health and support metabolic function. It's nature's perfect food. Second, hens are

655
03:13:52.160 --> 03:14:09.520
surprisingly easy to maintain. Four hens require relatively little space, produce no roosters or crowing noise, and can be cared for with basic daily feeding, watering, and coupe cleaning. Many common household pets require far more time and attention.

656
03:14:09.520 --> 03:14:25.359
I would like to see a setback for properties on the water if because if properly cared for, there is no issue of runoff. Chickens are also intelligent animals. Research has shown that they can recognize and remember over a hundred

657
03:14:25.359 --> 03:14:41.680
individual faces distinguish between members of their flock and learn to recognize their owners and their names. Many backyard hens become quite tame and will come when called. They enjoy treats from their owners and can strong form strong bonds

658
03:14:41.680 --> 03:14:59.040
with the people who care for them. They are engaging pets with unique personalities. Third, chickens contribute to environmental sustainability. They consume kitchen scraps that would otherwise end up in landfills and produce manure that can be composted into nutrient-rich fertilizer

659
03:14:59.040 --> 03:15:16.720
for gardens. This reduces waste and supports local food production. Property owners should also have reasonable freedom to use their yards as they see fit, provided they do not create a nuisance for neighbors. Keeping four hens is reasonable and productive use of

660
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prop private property. Concerns about predators can be effectively addressed through proper coupe construction. Hardware cloth and secure enclosures are widely recognized as effective methods for protecting hens from raccoons, dogs, and other predators. Finally, recent

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events have shown the importance of food security. During the 2020 lockdowns, grocery store shelves were often empty and egg shortages occurred nationwide. Backyard hens provide families with a

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Thank you. >> Thank you. >> Thank you. >> Next, I have Amber D'Angelo. Hi, thanks for having me. Uh, Amber D'Angelo from Palm City. Um, and Peter have done a great job

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considering it's been three hours. So, thank you guys for hanging in there. Uh, so I'm just I'm here because I wanted to um just show my support for backyard chickens in Stewart. Um, a few years ago when I was actually pregnant

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with Peter, I was leading the charge for chickens in the county. Um, and that just kind of got dismissed by the um, they had on the agenda and then they had one commissioner that was really um, helping it along and the other four just

665
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didn't So, um my hope is that this is a commission that will work with us because I think that there's a lot of um faith that wants to be had in the government and

666
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it's been a kind of a roller coaster um county in the city. Um and I would say that if you're by chance not are on the fence about it right now.

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You have an opportunity to, you know, as we're doing already, Jody, draft the ordinance to be something that you would be happy with because this has been almost 10 years of, you know, between the between Stuart and the county,

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almost 10 years of people wanting this and it'll just keep on coming back up. So, we should probably draft it right now. especially there's plenty of people that have chickens in um the county and in the um city. I do not. I'm waiting

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for a big yes and and uh in hopes to to you know have that. Um I would say for the we talked about setbacks. Um I currently live on the water but it's a very large property. So, if it was something where I only mention this

670
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because whatever you guys come up with, I'm hoping the county will just be like, "Yeah, us too." Um, so I would like to see how many feet that I feel like just saying if you're on if you're on the

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water, it's a nogo is um shutting out some people who could keep them responsibly and keep them far back from the water. So, so please continue to have an open heart and mind to the people who have been asking for this for

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such a long time and uh and thank you for considering >> Bonnie Moser. >> Good evening, commissioners. Bonnie Moser, 1121 Southeast 10th Street. I'm going to totally blow up my time here, but I back from vacation with my family in Scandinavia for a few weeks and was

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really blown away by how familyfriendly the cities were. So, I just wanted to mention to you, we've had two moms come in here tonight with kids and maybe when you see that at the beginning of the meeting, you can restructure the agenda so that they don't have to sit here until 8 p.m. They've done such an

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awesome job. Um, before I go into what I've prepared for you, I just want to address a few comments I've heard in regards to the rush. Personally, I've been emailing you guys about this over three years. We have receipts as public record. Um in terms of u renters

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um having chickens um I went through that process in the city of Orlando about I don't know 15 20 years ago. Um renters just had to get a signed agreement from the owner of the property in order to have chickens in the backyard. The um city of Orlando and Orange County also already has an course

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for chickens. Um but a couple of others do. So, that's ready to go. Um, I fish shares things statewide, so you can just ask for it and use it here. I'm sure the extension office would love to to teach those classes. Um, you already know my stance on chickens. I've emailed you

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guys plenty of times. Uh, the whole rest of the town knows my stance on chickens because I've quoted the newspaper so many times over the past couple of weeks for my comments during the CRB meeting. You know, I have chickens already. And the reason that I told you guys that is because I wanted you to know that there

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are responsible people in this city who care deeply about this town, but also want to have the opportunity to grow their own food in their homes. Um, and I still the invitation is open for you to come by and see my coupe. I think that you'll find that um, I'm doing it just

679
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right. Um, I was going to bring my kids tonight and bring some props. Um, I wanted to show you what my eggs look like versus what a grocery store egg looks like and talk to you about the process of of how that uh egg gets in your home. Most of the eggs we eat come from the Midwest. They're grown on

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factory farms. They're fed factory farm food and and no shade to those farmers, they got to do what they do to get by. But then they're shipped on refrigerated trucks to get in our grocery stores. And then we're all spending 30 minutes in traffic on US one round trip to get to the grocery store to get those eggs. We don't know what they've been fed. We

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don't know the that they're living in. The chickens in my backyard eat my food scraps. And in the afternoon, my 2-year-old feeds them dried meal worms while we collect their eggs. Um, I know where I know where my food comes from, and I love being able to feed my kids

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something that is good for them. Running out of time very quickly. I also wanted to talk about um chicken manure, which you're obviously concerned about in the wastewater versus just the standard 10 10 NPK fertilizer that

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people put on their lawn so they look nice and green here. >> Um chickens, chicken manure is about um two, three, four less times as potent as that. So, >> thank you. >> Thank you,

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Mike Sautell. Hello, my name is Mike and my wife and I have been homeowners in the city of Stewart for over 32 years and we are absolutely in favor of backyard chickens. To follow up what Bonnie said, um, natural fertilizer. Chickens help

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improve soil health through their m manure, which is rich in nutrients, acts as an excellent organic fertilizer, enhancing soil fertility, where you can garden and grow your own fruits and vegetables. The practice of raising backyard chickens contributes to

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regenerative agriculture, which revitalizes land rather than depleting it. And we can go on and on and on. You talk about rushing, you talk about um certain um aspects to the agenda, but

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what we do know through uh cityhubgo.com is that Tampa Bay already allows up to 10 chicken 10 hens per family. Clearwater allows up to six. St. Petersburg allows up to eight. St. Augustine up to 12 chickens per f hens

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per family. Coral Gables up to six. Daytona six. Miami, 15 chickens per family. All of these cities are allowing this because they know the benefits for the families for our um uh saving money

689
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and stuff like that. Also in Europe, and this came from the BBC, multiple towns in France and Belgium are giving free chickens to any resident who wants them to lower the uh the landfills

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and the uh um production of food waste. The problem with landfills is food waste contributes to more more methane emissions to the atmosphere than any other uh source.

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In the United States, 58% of the methane emissions released into the atmosphere from waste landfills are from food waste. Um, methane has a global warming impact of 80 times higher than CO2 over a

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20-year period. And we can go on and on and on and on and tell you about all the good things about raising your own chickens, the family bonding, neighborhood bonding, everything. Um, the presentation that was brought

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tonight was amazing. It answered all the questions. So, like the other women said, this has been going on for 10 years, since 2017. You've been given this information for three years. Um, what's the push? I

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mean, why we think we're not prepared to make decisions? A comment was made earlier that the system works. If the system works and you have all of these people here in favor, where's the other side? Where's your

695
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majority? You have to listen to the people who care enough to be here. Thank you. >> Thank you, >> Gwen Hall. Brinkley. >> Welcome. Good evening. I didn't come prepared to

696
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say anything tonight, but her presentation just struck a couple of things with me and I just need a clarification, but in listening to some of these people, you said chicken coops in East Stewart.

697
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Are you suggesting chicken coops and chickens are in East Stewart only? No, ma'am. It's in residential R1 zoning districts, R1A, R2, urban neighborhood, and then single family district in the

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East District. >> Okay. I wanted to get that clarification because I'm like, we're not the only ones that probably want to have chickens in our yard. And then when I heard all these people, I thought we were being singled out. Um, my other thing is I'm a

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rookie gardener, so I would appreciate your chicken manure. Um, maybe we can trade off some eggs for some black ey peas or or peppers or something like that. And then the other thing I heard is I heard you say someone say the urban

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code and I went back to our zoning because when we were in zoning and I know this is a different subject. We were trying it was said that East Stewart was under urban code. You said as a commission board we were

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not under urban code. So we've been confused about that for a while. Either we are under urban code or we're not under urban code. And one day I'd like to get an understanding of that. And then the last thing that I was listening

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to is the creeks and every creek that you mention is in a predominantly white neighborhood. So it had me wondering and I have to be honest if we were neighborhoods were not going to be able

703
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to house chicken, those families because they're in those areas. Um, so those was my things and I just wanted answers to them tonight. I didn't want to leave here. They say only question

704
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the only question that you don't get a dumb question is a question that's not asked. So if my questions sound dumb to you, to me they make sense because I'll leave here with an understand. >> Next I have Will Laughlin.

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For the record, Will Laughlin, 950 South Caner. I hate to do it because I was here early this morning. So I know the staff's been tremendous. It's been a very long day for staff, but nevertheless, here he goes. Chickens. Chickens were one time very common across America. So what happened? I'm not going to go into

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details as to what happened with that. But what's not heard, but what I did see a couple of representatives here is the benefit that chickens have and animals have for children. A lot of times public funding, there's a lot of public funding that goes toward helping schools and

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helping children's programs, children's services council. I know we had a commissioner recently meet with the president of the CEO of the children's services council. Here you have an opportunity where public actually paying you to help their kids. Okay? Children

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benefit in any teacher will tell you or any anybody that's ever been in a classroom or anywhere in general that there's a great difference. You can see it. It's observable. It's also quantifiable the difference between a person that grew up around animals and a

709
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person who did not. So this is often maybe overlooked in this particular conversation. Um, as far as the risk, I think it's been mitigated with the parcels um issues. Uh, the staff did a great job of identifying there's roughly 2100 units that are potentially able to

710
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get chickens of that, maybe a quarter of them at half. Let's say there's 500 units that want chickens. That's up to 2,000 chickens. Now, pelican guano is 10 times as potent as chicken manure. So if

711
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you want some good fertilizer, hang around the pelicans. So if you had 2,000 chickens, that's about 200 pelicans that fly around. I don't think we're going to go lopping the heads off pelicans because we're worried about the waterways. So I think that concern's

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been mitigated. Now, I would say there is one concern, the $10 renewal fee. Um you can have these chickens monitored on almost uh well a quarterly basis. You can have somebody either an independent contractor or city staff paid at about

713
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$18 an hour. That's about $30 per per household, four times a year, and they can go around and inspect it. This is where your $10 renewal fee might be a problem. Now, people love rewards. So,

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if you were to throw out, let's say, a $65 fee and a renewal fee of $65, but if you came back with a clean scorecard from this inspector, Your renewal fee is $10 or $30 just to cover the cost. Those are all some

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thoughts. Thanks for your time. Tickets. >> Thank you. >> I have no further public comment. >> So, I've been keeping notes. I wanted to address some of them. Um, first I want to apologize to my constituents that

716
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took time out of their evening to come here and sit for some of them four hours, five hours. That's a long day. Um, I've heard some of the discussion saying that we're we're rushing things. I don't think this city commission prior to me getting here thought about that

717
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when they pushed 3,000 multifamily units through this city of Stewart in four years. This ordinance, by the way, was approved back in 2017 under ordinance number 234720 2017 with less restrictions than what we're currently

718
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discussing this evening. And that passed, by the way, and it was ultimately rescended, and I wasn't there for that. Um, as far as training, I don't think we should be punishing law-abiding citizens. I can speak on behalf of being an elected official. Uh, some of us may or may not

719
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have even taken the training classes on Institute for Elected Municipal Officers. I can attest that I know personally I took it. U, but I'm not here to, like I said, punish law-abiding citizens. Um, I've heard something about a pilot program being discussed for

720
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potentialness. Um, we as a board, we set policy and I don't think that's going to be done here tonight with how the board is made up. Um, it's just a shame, but that's all I have to say. Any other board members want to

721
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comment on this motion? Commissioner Rich. >> Yeah, just, you know, switches You know, we're required to provide an estimate of the city's regulatory costs, including estimated revenue from any new

722
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charges. If we have 500 chickens that have to be inspected, there's a cost there. The city has not estimated that. We're just not ready. It's just not ready. And there's nothing wrong with being patient. Any

723
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other board member comments? >> What is the motion before? >> So the motion that's being discussed is um to table it to a date certain I don't remember the exact >> September 14th >> not table postpone >> continue to a date >> September what? September 14th

724
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>> September 14th and this is I'm assuming currently to us being down one board member and this board doesn't want to take a stance on an agenda item but commissioner go >> and that's what I was about to say I don't want to see this die on the disgmber Just between that time and now, we have

725
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some issues that maybe can be addressed. You know, looking at the urban center, single homes in an urban center, um agreements with duplexes or homes that are rented with the landlord have an agreement on files

726
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in a rented home. So, I'd like to see all of those things when we do come back as a full board to address this issue and vote on it finally. That's my positive for the night. >> Seeing no further discussion, Mary, can

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you roll call? >> Commissioner Clark. >> Yes. For the date certain. >> Commissioner go. >> Yes. >> Commissioner Rich? >> Yes. >> Mayor Reed? Yes. Motion passes unanimously. Um before I close out

728
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tonight, like I said, I'll apologize again. I'm sorry to my constituents. I know where I stand on this and uh hopefully the public sees where people support them and where they don't support them. I'm going to adjourn this meeting uh at 9:05 p.m. Thank you.

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>> Thank you.