--------- Oh, where's Yula? Where's Yula? >> Winner of the Christmas float grade float in attendance. All right. I will begin the joint meeting of the Steuart City Commission, Community Redevelopment Agency, and Community
Redevelopment Board. Mary, would you call the role? >> Yes. Commission and CRA. Chair Collins >> here. >> Vice Chair Reed >> here. >> Board member Clark >> here. >> Board member Gio >> here. >> Board member Rich >> here. >> Board member James >> here.
>> Community redevelopment board chair Mcrist >> here. Vice Chair Moser >> here. >> Board member D Bard >> here. >> Board member James >> here. >> Board member Laughlin >> here. >> Board member Mona. >> Board member Whan.
>> And we'll have the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
>> All right, presentations. Item number one, >> uh, good evening board members. For the record, my name is Jody Cougler, the development director for the city of Stewart. Uh, tonight I'll be presenting a presentation kind of walk you back where about the formula of business,
which is located in the downtown area. Uh, this was requested to bring to this board for discussion and deliberation uh possibly looking for some amendments um through the city commission. Um at the November 10th, 2025, the city commission meeting, the city commission consider
the city the commission considered a major conditional use permit application for tea and spice. They were requesting exceptional use to the allow a formula formula business within the formula business area. During the discussion, the city commission expressed concerns regarding the 300 foot separation
requirement within the city code, noting that the current regulations do not include a clear matrix or established criteria for granting such a waiver. As a result, the commission requested further direction. Just to give you a little bit of background of what the uh when the
formula business was incor uh established in 2005, the city commission adopted ordinance number 2010 05 which defined formula businesses established an area of the city within such businesses and may be permitted and
required and required approval through the major urban code conditional use process by the city commission. The purpose of establishing a formula business district was to protect and preserve Steuart's smalltown charm by regulating the location of retail chain
stores, including restaurants within the city's downtown area. In 2005, when this was originally adopted, this was the boundaries for the formula base for the formula business district area. As you can see, a lot of
the uh uh uh southeast Flaggler and Colorado and Southwest Ocean Boulevard was incorporated by the downtown area which is hatch uh which is hatched out. And in 2023 when we adopted the Creek
District North uh formula base uh we did expand the boundaries and as you can see outlined in blue that is the new boundaries for a formula business. This just kind of gives you the overall what is a formula business and this is the code section. This is the definition
from our our land development code and it just says a formula business means a retail business established including a restaurant which is one or not less than six of the more similar establishment located elsewhere which is a group satisfy two or more of the following
criteria. So if you're looking to have a formula business you have to satisfy one of the two criterias within the definition. Further in the code, it does provide a standard requirements for um how to approve a special uh a urban code
conditional use. And this is like compatibility, your um economics, your what the diversity, the size, the location, um the uh elements of the structure, making sure it stays within harmony of the downtown area. So, it does not look
like a typical McDonald's downtown or any type of retail that would be uh considered a formula business. This is where uh we're the board has asked us or the city commission has asked us to re-evaluate. Um in our code
section, there's additional requirements and the one is the distance and this is the only thing out of the code. It talks about that the formula business shall not locate shall not locate within 300 ft of an existing formula business in the old downtown district. So as you can
see if you want to have a formula based business you have to meet all the criteras for how it looks, how it functions and the uh what they sell and their signage and the maximum size. But in our code section, we do not have a matrix or any type of analysis to
determine what would be appropriate to be within 300 ft of another existing formula business. So that is something that the board is asking us to look at. Um so that's one of the things that we are looking for discussion and deliberation today.
And that's the end of my presentation. Jody, did you have an opportunity or maybe you were just waiting for for us to give you some guidance to look at any other um formula business zones and any other municipalities and some of the
parameters that they use to um you don't want to say restrict it, but make sure it's appropriate. >> Uh Mayor Collins, I did not uh evaluate or look at other jurisdictions. Um that is something that we could um tonight today's meeting you could make that
recommendation and then staff will uh further look at different other places and how they evaluate or do their analysis uh for formula business. >> Personally I think that would be a good idea so that there's more than just the 300 ft. It might be nice to have some
other metrics. Uh otherwise that code can look a little bit capriccious you know on how how we make that decision. Are there questions for Jody from board members or discussion?
If you do for the new members, if you have a comment, you know, one of these helps. >> Commissioner Gio, >> put my name right way. Sorry. Board member. >> I do have a just a suggestion. Mount Door is a comparable town to us. It's a
little historic. Um downtown kind of the same feel. Maybe that might be the first place you try and see if they have what their restrictions are on formula businesses. And maybe it would be as simple as saying formula businesses not within 300 ft of each other like two
restaurants. If you have one type of formula business and it's 300 ft within a restaurant, one a clothing store, one a restaurant, they certainly would be competitive to each other at all. So, um I don't know what the original thoughts were on keeping them three more than 300 feet apart.
Does anyone have the answer to that? Why they originally said to be not, you know, they have to be more than 300 feet apart? >> So, Commissioner Joby, um, if I may answer your question, um, when the, uh, form when the formula business was
created in 2005, it looks like that was always a standard. It looks like they adopted it from another location um, in North Florida. So, I think that they that's just to show some distance requirements. So, they're not side by side. Okay. Thank you, Jody.
>> I think it's important to my my concern is when we've just approved one at zero feet, you know, from the nearest formula business, clearly there's something some kind of metric that we're not articulating that makes a difference
between one and the other. So, having something measurable, you know, would be a good idea. Board member Mcristel. from 30,000 ft uh out into the future as US1 becomes
more and more untenable and you don't even want to go there uh east of the railroad tracks or east of US1 east of A1A
Um, in simple terms, I want me a Popeye's u in a broader sense, uh, we're going to I mean, I would like to see if you're going to divide the town in into se into sections
like the CRA, the nonCRA, downtown, non-down. Hey, let's uh let's find some place east of uh US1 and east of the tracks that
might serve some of the uh not so finest of people. That's all I have to say about that. Thank you. >> Board member motion. Um, I would just recommend if we do take a look at other cities codes. I think Winter Garden's
another good example that we could look at and I know that they are very committed to u preserving their downtown in in the same way I think that we and Steuart are uh in terms of character. Be a good one.
>> Winter Gardens. >> Winter. Winter Gardens. Thank you. >> The downtown, not the whole city. Um I just wanted to get some clarity. Are we asking the board uh to help us to define when you use the word matrix that we can restrict formula businesses from
coming into steward area? >> When you look at our code right now, it came up when we were discussing the only measurable um restriction on formula business is a 300 foot distance. So it appears that there we just approved one that was
within 300 feet. So it's worth discussion, you know, from other board members. What is it about than a formula business that makes it appropriate or not if it's not the square feet or the feet from one to the other? There's something there that
should be measurable. Otherwise, it potentially, I think, could be challenged when you put one at zero feet. We need to really define what it is about formula business that makes it appropriate or not for downtown. I >> I I think the biggest question would be
the language that you're using to to define what you know the code says what they had to meet certain criteria to become a formula business or to define them as a formula business. So that's already been established from what I can
understand. Um, so we're looking for >> what formula business is is defined in our code. What is not defined is why we would make an exception for one >> that clear. >> That's that's sort of what we're looking at is what what makes it an appropriate
exception or not. >> Thank you. >> Clerk, >> thank thank you for recognizing, mayor. Um, >> you got another one. >> Googler, >> could you um Okay. Yeah, you do put it
up. You a genius >> mind reader. >> So, you put it back up there again. So, that's our definition right now. And is there any other part in the code other
than that's the definition? they meet two or more of the criteria, but at least two. And then in order not to make it look like a um a Disney World of something of similars or whatever,
>> we we put the difference so that we can still have other people but still have these other businesses interspersed. And the exception is always up to us whether it's one ft apart or 200 or 150. We
always have that opportunity to deal with the person who comes in. And you're saying that you want to have some hard and fast guidelines to say why it should be 100 feet apart or zero feet apart if somebody wants to to meet that exception
um under that um the distance apart thing. And I think that's why it's so special when we have to consider as a city commission that we can um say yes there is a rule that says have them 300
ft apart but in this case uh we would like to still have this business in our downtown area because it's compliments it's compatible it fits whatever let's say it's going to be close to the lyric
and they do this type of thing and it matches that it's going to put out ballet shoes for everybody whatever it's hap what is happening and so we can have that choice say yes we know that there's another formula business it may be the tea place this is a ballet type thing
that's specialty oriented but they're both formula business but because they're not going to be conflicting and it's not going to affect the small town charm we can allow for it to be there and and That's how the exception falls
in. I think we always have to have um ways to um make uh those type of decisions because um uh unless you want to if we want to do something that says okay well maybe
we change it from 300 feet to let's say 100 or 200 and then that's it. We won't they just have to meet that criteria and we won't um we won't have to do the distance uh exception thing. They have
to meet the dis that's the distance and that's it. But we be be you know it's we're I think that it's good to have the ability to say we can agree to an exception based on the fact same thing
that we do for land use changes whether it's complimementary uh It it it's uh how would you define it the goal it meets the goal of our downtown area to keep the this the small charm it's all the
>> right now the only met the only metric the only true you know you can't get out of is the 300 ft all of those other >> except we give it >> do you mind putting that list back up I don't know if it includes 300 ft as well it did >> but
>> size of the business analys Mayor Collins, >> this is the first set of standards. And then you go into the other portion of the code that's after this. And this right here is your distance requirements. As you can see, there's no metrics or any type of uh measurable. It
just says within 300 ft. >> Maybe we should, >> but but for I'm not saying make it less than that. What I'm saying is, and I'm not really advocating for this, but the discussion around this was the only measurable that you have is 300 feet.
Everything else, if you go back to that other list, Jody, is subjective. Does does this alter the identity of the urban down urban district in a way which detracts from its uniqueness? Does this business uh contribute to a diverse and appropriate
blend of businesses in the urban districts? You know, does this business how do some of these need to be you need more of a measurable bastion than just the 300 feet, especially when you're going to make a waiver for that and in fact put one down
next door at zero feet. So I I I think if unless we're going to become more laxed with formula business, if if we want to be able to have something that's defendable, you know, what is it that we want to see out of a formula business that we would make an exception for it? If you know,
something more definable. The 300 feet is really your only metric right now. Sorry. Um board member Reed Yeah, I think the best uh metric we
could have is just the elected officials. So like Jody, correct me if I'm wrong. Um regardless of we what we put in our land development code, >> the applicant is entitled to come in front of the board regardless of what our land development code says
>> for an exception. >> Vice Mayor Reid. Uh so the way it's set up is that you have to go through a special urban code conditional use and you can wave certain options and some of these standards within that urban code conditional use including the 300 foot
radius. >> What standards can't be waved currently in the formula business? >> They actually they would be all be able to be waved the way it's written today. >> Correct. So, we just we just need good elected officials then with good moral
compasses to keep them out of downtown. >> My my point is if you get sued, >> you want to keep formula businesses out of downtown >> formula. Yeah, absolutely. I don't think anyone wants the big chains in downtown Stewart. That's why it exists currently.
>> Formula business are usually not big chains. >> Board member M. >> That's why we have them. That's why we try to charge them >> encourage formula business >> as small businesses. They're >> I don't think we encourage it.
>> Well, >> I thought >> they have to come before us for an exception. So, we're already putting stop caps on what is allowed and what isn't to keep that downtown unique. >> Oh, sorry. >> That's right. So, I thought I So, I thought formula businesses were the evil
chain stores, big national products. No. >> Am I wrong about that? >> Right. >> We're not we're not having >> So there's different levels of formula. Okay. So >> I just thought so everything outside of
the uh downtown district then. So maybe I got this wrong. So is it just the marketplace that's determining like the East Ocean area on the way out to the beach? is is the marketplace that's determining a lack of a
so-called affordable grocery store or a few more uh fast food joints. So, it they are allowed outside of the downtown district. Is that what we're saying? >> Right. There's a formula business area. >> Okay. >> It's excluded.
>> Yeah. >> And that would be outside of that zone. >> And so, we're just again talking about downtown district. The only place that that exclusion area exists is within this region, >> right? >> You want to put that map up, Jody, for
Frank. >> The actual map. >> All right. Thank you. >> Business excl. There you go, Frank. That's where they're not allowed. >> Board member de Bard. >> Grab that mic. >> There's He's got his own right there. >> Another wireless. Perfect.
>> Sure. Yeah, >> it's blinking >> flashing red and green. >> I got one here. >> There we go. >> All right. Um, as far as the basis for
300 ft versus 299 ft, this language came from somewhere. This was pulled from a town in North Florida. >> The first question would be which town and what was their reasoning for this? And then as for it being arbitrary, I don't think so much the issue is
arbitrary. It's just evenly enforced. At some point, there has to be a decision. Okay, we're not going to have one more of X or two more of X. Somebody has to come up with an argument for that. It doesn't have to be, you know, something that is based on Hammurabi's code, but there has to be,
you know, discussion about it and a decision made in a line drawn. And the flexibility is that they can come before the commission and ask for a waiver. As far as putting everything into hard language, I think that's going to be difficult,
>> but I I could be swayed by that. And there might be some very well-reasoned agenda to Winter Park's argument for this as to why, but at this point it seems to be, you know, why is the rule the rule?
If there's the ability to get around it with a waiver, why does it need to be changed? >> Not changing the 300. We're I think everybody here's happy with that. The idea would be having more 300s. So, if there's other lines, what are those lines?
And has there been any proposals for additional 1 through sixes or six subsection A through E? >> That's what we're talking about now. >> But no proposals per se as of this point. >> Sir, it's good you're here.
So, Mr. Mayor, I I hope that I um I'm not I don't want anybody to misconrue. We definitely don't want big box formula businesses downtown and that's why we want to keep the small town charm so that if somebody comes in
like a part of a chain store that we've had with the tea shop and other things, we have to look at those criteria and see if they fit in our mode and if that's what we can allow to have this
idea of whether or not it's an arbitrary to have it 200 feet away or 300 feet away. If you want to research why that is has been put in there, I think at the time people thought it was a reasonable distance with the way storefronts are
are set out and so that you wouldn't have them too quote unquote big box names. Although we've we've worked very hard, even though there are places that have uh a clothing line or a tea line or something, we still when we look at
those other the the criteria that u Miss Cougler put up, we pick the ones that we have the ultimate decision to pick the ones that will meet with our small town charm and will um fit within our
criteria. And I know that your concern is that when we went beyond when we had some two close together instead of the 300 ft apart, when do we make that exception and why do we make that exception? >> Um, and I I see that uh if you want to
just say we'll never ever do it. Um but again that's a part of this this this decision making process is the type that comes in and if it's if it's just too big boxy I think we we've said you know like I'm not going to call brand names
but there stars and all uh we've said that we're you know we weren't going to have something like that uh in downtown and we've lived by that because we have just as Commissioner Reid said we have the ability to make that decision when we're
here. Um and um we can talk to the applicant and let the applicant know why something is being denied and um or being accepted if we're going to give an
exception for because of the the what's happening in downtown and what the available lease space is and it happens to be closer to another business. But sometimes these places are so quaint that you're not even you don't even consider some of them as a we know what
they are that they're formula business. But you know a tea place is not going to look like you know a Walmart. It's not like we're having a Walmart. I'm sorry I called a Walmart name. if I'm gonna get in trouble. >> It's a big
>> Are there any other comments from board members for Jody? >> Uh, yes. >> Yeah. Just let's be clear, we do have formula businesses in the downtown. Killwins is a formula business. >> The Monkey was a formula business.
Duffy's is a formula business. So, that's not the question we're deciding. I know politicians are always looking for an excuse for the decisions they make and oh you know this was the rule and we
had to adhere to it but I cannot think of a so this was put into place in 2005 it's 21 years later has any industry been more dramatically impacted by technology than retail
>> and the challenges these stores face >> and um I think we need we're going to need a way going forward to be more accommodating, not less accommodating. I think the restrictions on storefront size serve us very well in keeping out
Walmart and Popeye's and they're not going to come in here and um and the manner in which food is served too. But um yeah, these are we are in the position where we have to make these difficult decisions going forward and that's just
our responsibility. >> All right. Any other comments, Mr. Mcrist? >> Thank you. So could you say that uh in a way the quote politicians are actually
trying to uh kind of put the thumb on the character of the downtown area as far as what can and come can and not come in there. I mean, let's just say that that
tea company was a tattoo parlor. Are there ways to prevent tattoo parlors? Would we want to prevent a tattoo parlor? Are the existing businesses going to have a say in what
comes in around them? you know, it just when I walk around downtown, I don't know. It seems like we're definitely trying to
cater to a certain group of people. And uh if that's if that's what we're trying to do, then that's what we're trying to do. >> Last comment. It's okay. That's why we're here to talk. >> Yeah. I I agree with uh um Commissioner
Reid that I I've sat in the meetings where company came in and asked for special privilege and they were shot down. Um but ultimately the commissioners had the final say. Mhm.
>> Whatever you have in place, I don't think there would be a legal issue because you guys, we elected you guys to represent us to say in the language that we couldn't say at the time. And so I agree with him that uh what we need in
place is already in place. >> Thank you, Mr. Mayor. I I think to go along that comment and and maybe what member Diard said, do we really want Hamrab's code? And maybe this is a question for Lee. If you go too specific,
does that kind of put you in a box? So if you do deny somebody, does that open you up for a lawsuit? I think the way they are right now is kind of broad, open-ended. So are are you better off with a more open-ended type of structure? because I kind of like the the framework that we have is my
personal opinion because there are ways to say yeah nope we can no you're going to be competitive here you don't compleimement other stores we we don't really think you're a good fit which then opens up you know they could then maybe bring lawsuits but anyway go ahead
um Mr. Sure, mayor. >> Sure. >> I think they purposely had it brought for as you suggested to leave it up to the uh to the commission and in the CRB's recommendation prior to going for
the commission. Um they provided enough detail in there like the business can't exceed 1500 square feet. That's pretty small. You're not going to have a large business come in and only have 1500 square feet. I I'm trying to picture what that would look
like compared to this room, but in my mind, that's small. The street funage also only can be 35 ft. So, they have some specifics, but they've left a lot open. I think my >> and no drive-through window. I mean, that's pretty clear. That'll eliminate a lot of the bigger franchises as far as
restaurants. So there are some specific examples that give um clear direction and then there's some not so specific that kind of leaves it up to the commission whoever that might be at the time. It seems to me that the crux is on the 300 ft existing
distance. When the board enacted this uh by ordinance in '05, I believe they already had two or three formula businesses that violated the code and they already grandfathered them in. So, at the start, we already had more than one within 300
ft of each other. I I mean, I think Commissioner Ji brought up, well, maybe we could add no formula business of the same kind. Like, two restaurants can't be 300 people, but a tea and spice place in a restaurant
could f Maybe that's what you guys are suggesting there. I think um there was a concern if I recall when the tea and spice when do we say that's enough. So maybe you could have a maximum of formula business. >> Yeah. I I'm talking for policy now, not
legal. But you guys asked me, >> but I I think we have a um alcohol saturation rate. >> So the purpose of that is so that we don't have 50 bars lined up in downtown and and it's worked. I mean we >> you know there's only so many places that can serve alcohol in downtown,
right? But maybe you can have a similar um restriction on how many formula businesses because we don't have that in there now. It says no more than two really. We started off violating. So maybe you could have that final number. I think we have four now.
>> There was >> Well, Monkeys is gone, >> right? So maybe we're back down to three. >> Hoffman's is a formula, >> right? So four, I guess. >> But Hoffman's is no longer Hoffman. Is that new signature ice cream place a formula place? I don't think so. >> Huffman's is a chain.
>> Gilwinds is >> I think that's a great point. >> I don't know. Maybe you can >> maybe you can make some distinctions like Commissioner Joby brought up where you can and or you can add no more than six formula businesses regardless of what they are. You know, I'm throwing
I'm spitballing, but that's that's policy, not legal. >> Thank you. >> Sure. That and that that is the point I was trying to get to is defining a sentiment. You know, if you say there's these formula businesses are too close together, what does that mean? Right?
It's not really defendable. But if you say 300 ft, now you have a definable thing. And saturation's another great point. I I thank you for that. Uh any other comments? >> I think that type
distance is important, but also the type of business That seems a little dangerous, right? If you're >> saying no to a type of a business, doesn't that start to get into >> All right. Well, I guess give me an example.
>> You were saying don't have two two restaurants together have a restaurant and a tea store restaurant and a book store. >> Oh, no. No, no, >> no. Competitive type. >> So, two formula businesses of the same type. Right. >> Right. >> I mean, you're just you're actually lessening restrictions. Right now it
says no two formula businesses. You could have a candy store >> and a coffee shop, you know, that are for Right now the code says not within, >> right? >> But you could lessen that and say no two formula businesses that are restaurants can be within
>> and you would still have a cap on how many formula how many formula businesses in the city. I mean not in the city in downtown >> and again this is policy not legal. You're you're trying to come up with Let give us some look back at that um
original thing that and I think um was it board member Mcrist or maybe it was no I think it was um Commissioner uh Rich who said that uh businesses formula businesses are going through a
lot of changes in their marketing and other things and some of them are changing their way to fit into a a downtown so that they can uh market things such as that um clothing store that we've had now for
probably 12 or 13 years. >> Board member J, did you have a comment? >> Um I well I I wanted to say too that board member Moser made a good suggestion. Let's compare to other cities park those that information is coming back to us at some point.
>> Thank you Jody. Uh, I what I didn't know is would I be able to bring up two items that are not on the CRA CRB agenda that pertain to the CRA? >> We're going to have comments by board members in a second >> after this. >> On the comments. Thank you. >> Jody, did you want any other
clarification from us? >> U Mayor Collins, no. That gives me a lot of clarification. Um, so I guess my other question is do I bring it back to this joint meeting again as a as a group? Would you like to see that?
>> Yes, I think that would be good. >> And I'll give staff some time to research and give you some of the other jurisdictions of what they're doing. >> Thank you, Jody. Can I get an approval of the agenda? >> Move approval of the agenda. >> I'll second the motion. >> All in favor?
>> I. >> Can I get an approval of the minutes? Do you want two separate items? >> Yes, please. >> Okay. So CRA, CRB and CCM all of the minutes on 10 27 20 25 joint CR CRB
and CCM minute. >> Do we have a second? >> I second. >> Um would you like an all in favor or would you like a roll call? All in favor? >> I >> I >> I. And for item three, do I have a
motion to approve the CRA minutes for 1124 20225? >> I'll make a motion to approve the 11242025 CRA minutes. >> Do I have a second on the CRA? >> I'll second it. >> All right. All in favor?
>> I. >> Okay. Comments from the public on non-aggenda related items? Clay, you got anything, Mark? >> I do have Okay. All right. >> I do have one. >> Is the form of the business district an agenda item or
>> that was just a discussion presentation. This But feel free, man. You can you're welcome to talk about whatever you want. >> Yeah. Whatever. So the advantage of being old is I was at the meeting in 2005 where we were discussing this but so I kind of remember some of the
history and um if you remember economically in 2005 we're almost at the same place we were now market was starting to take off downtown was starting to become very popular um and for a downtown like ours you know department stores are the anchors for
malls restaurants and bars are the anchors for downtowns, small downtowns. And the concern was, and that's why the 300 ft is in there, I think it's the same language we use in the code for uh how far apart a restaurant, I mean, a
bar has to be from a church or a school or something. I think it's 300 ft doortodoor. So what happened is we were trying to avoid another clamatistry and it it was a divided discussion because there were some like Boyd Bradfield who says we don't need any the market will
take care of itself and there were others that wanted to continue what we're doing which is basically just discouraging those businesses or making it hard for them to come in and then this lawsuit took place which was up in northern Florida someplace and um
they you know they made an adjustment because they were basically challenged and I think that a lot of our language comes out of that lawsuit so that we could we felt that language was safe but but anyway that's just some history so that maybe it gives some presence there
it was a concern about Clomata Street was really one of the one of the big issues and then you know I always kept saying Victoria Secrets was going to come in and Boyd said there's no way and so anyway but um but I just um I I do say that I do think that right now we're
at that point where the businesses that are coming in are businesses that have to be able to pay a lot of money and along Frank's line you're going to get certain people that shop at those stores you know you've got certain clientele and u the local business that's existing here is going to get frozen out so
whatever we do hopefully we can keep uh because there's more like um Oaken Ember is in a formula business now um you know he's got multiple locations two Oaken Ember locations so you know there's a lot of those types of things that just creep in. Signature Suites, I think, is
a is a as a formula business. So, um anyway, I just think it it's something that we have to do to protect the local businesses. >> Mhm. Any other public comments? Okay. Comments from board members on non-aggended items.
>> Sorry. board member Gio. >> Yes. And I just got to bring this up. Uh recently the CRA posted their annual I believe it's annual where there's a matched program for small business for businesses um to be able Let me just bring it up. I want to read it
correctly. Sorry. Uh there it is. The business improvement grant program which are federal funds and and they should I think this is a great program. The problem I have is that this is great, but someone has to be able to match the $10,000. We have a
lot of really smaller businesses that could really utilize this program and maybe they can get the grants just based on their need. Um maybe there's a criteria on what their net expenses are. You know, somebody with who really does finances would have to really look into
that. But I think that those opportunities or a very small amount of not a match, but basically they'd have to maybe provide $500 toward a $10,000 or $15,000 grant that would help them to improve their businesses because they're dealing with the same thing that even the larger small businesses are. There's
a rents have increased in downtown. Maybe business has slid off a little where people are watching their pennies and not spending as much as they did last year or the year before. And so they need a little, you know, hand up and a help up. and maybe that's something that the CRA could do for them
and and that would be appreciated. Um, let me just get to the other. Okay. Well, I can't find it, so I'll have to pass on to the next person. Thank you. >> So, for clarification, you're saying you would review the finances of the business to determine if they might be
eligible for no um >> a minimal amount or no no match or minimal match. and the the cost the the repair, you know, the improvement might be less. You know, that's something that the numbers people need to work out. I just think that it would give a hand up
to the um smaller businesses that are, you know, maybe struggling more than the midsize business in downtown that has a, you know, a better clientele coming in retail and, you know, in you know, their income is is better. and they're they're
all equally sharing in this huge increase in rent over the last two years. >> Mhm. >> The the other item I wanted to bring up and I'd like to see if Mark would like to speak to this since he's brought it up at many CRA meetings. We really need
to do something about confusion corner. Um and it is in the CRA district. There has to be a way. I mean, I've seen people either think they're turning on to Southeast Asia, they're turning on to the tracks, >> and you know, they're not yielding correctly. It's just really dangerous.
And I think, you know, everyone who lives here knows how to maneuver can confusion corner, but the people who visit don't. And so, maybe we need gates, maybe we need better signage, but we need something. And I think that the CRA has talked about it. Mark, I don't know over the last two, three years and
we keep talking about it, but I think we need to actually come to fruition and make a plan and implement it. Thank you. >> Commissioner comment. I think >> what >> Oh, I thought Laura. Okay, never mind.
>> Well, I just wanted Mark to fill out a green if he could talk about it because he's the one who over the last couple of years has brought it up at many meetings and it's nothing has ever happened. Board member Moser. >> Uh, I wasn't going to talk about
Confusion Corner, but um I looked at that intersection for years and years when my kids were playing on the playground at Kowanas. And um a couple years back, I did show a concept to uh Commissioner Rich and the former city
manager. I think um it certainly is a very unsafe intersection. Even when you know it, sometimes when you're in the middle of the roundabout and you've got to yield for the cars coming over the tracks, can't tell how fast people are going. So, um even for us locals, it's
it's a bit dangerous. And I think the trouble with that intersection when they had to redo it is is that we were just trying to please too many people. And a simplification of it would be amazing. I think it would make it way safer. It
would function better 99% of the time. Maybe not when the, you know, the trains are going over the tracks, but that's 30 40 minutes of the day. Um, so, uh, I'd be happy to email you all my concept. >> I would like to hear I think safety
should certainly be the priority, not everyone else's concept what confusion comes. >> Yeah. Um, two things I wanted to bring up. I brought this up at the um at our CRB meeting, but you all are the decision makers, so I wanted you to hear it. Um we had the child get hit on MLK
in the crosswalk. Uh I can't remember if it was November or December. Um and obviously we've got the redesign of that street coming down the pipe in a few years, but I really would like to see something done before that happens while we're waiting for the street to be
redesigned. you know, if that's um raising the crosswalks or um you know, any sort of RFP flashing, something that the kids can push when they're crossing the street. Um I mean, that's up to you all to make the decision of what that
is, but I think like a temporary interim measure would would go a long way because even before that happened, we've had people coming into meetings making comments about how dangerous dangerous it is for the kids and they've got to be on that street. they've got to cross that street to get to boys and girls to the middle school. So, um, please
consider doing something about that. Um, and the last thing I wanted to bring up, I was super excited to see those one-on-one meetings with you all um, a week or two ago um, and to hear what some of your um, agendas were for the year, what you're hoping to accomplish.
Um, the one that I lost sleep over in excitement was what's going to happen to this site. Um, obviously you all have seen what Dwani proposed. You've seen the Steuart Main Street concept. Those are both a bit um, building heavy I
would say. Um, I certainly have ideas and I thank you for putting out that survey. I don't know if it was Ste through Main Street or the city Main Street that put out the survey for folks to answer about what they want to see happen, but I just um, wanted to share a
couple thoughts about it. Um, we've got 26 parking spaces here, 42 there, and then 37 at the waterfront. If I look at those from a transportation point of view, uh, the way they're kind of laid out is pretty inefficient in
terms of the space. Um if you did extend the um if you extended Oyola Street >> even just up to the waterfront and put parking on both sides of that street, you could make up for the parking just
by itself. Um I just want to go over a couple things about it. Um, I would love to see um downtown become more familyfriendly and more affordable for not just, you
know, the people who can afford to eat at some of our lovely restaurants downtown, but that I, you know, I can't take my kids somewhere where we're all eating a $40 meal each. Um, so something to think about when we're thinking about all this space we've got downtown. I'd
love to see a central green. You know, we are a historic downtown that is a historic use is to have, you know, a town green where people can gather, where there's seating. I'd love to see their feature where kids can play. Um I would love to see the space be
um usable for all ages. So, a lot of times when I say familyfriendly, people think, "Oh, we need to have a playground slides." But, you know, kids like running on seats, like climbing on rocks. We've got some great over here that they could play with. Um, if we
really use our imaginations and, you know, hire designers, not my company, hire designers to um to imagine how awesome this space could be. Um, I know there was talk about whether or not a parking garage
could happen here. Um, I talked to I can't remember, it was the city landscape architect in downtown Winter Garden a couple years ago when I did a tour of the city and they have it's a three- deck parking garage, but it only looks two stories. And I asked her,
thinking about Stuart, when did you um decide it was time to put in a parking garage? And she said, when our businesses started complaining about losing business because people couldn't find parking. Um, I am I'm not like a big advocate of parking garages all the
time because um a lot of times people want them, they put them in and then nobody uses them. Um, people still just want to park right in front of the business that they're going to. Um, but I think, you know, it might finally be the time that Stuart does need to think
about a a parking garage. Um, I went in AutoCAD and just measured to see if it if one could foot here. Um, and it can we can fit a smaller parking garage um on this site while also having a green space and um you know some sort of
potential water feature. >> But then if you extend Oyola, you mean for commercial as well? >> Um >> you'd be looking at a parking garage. >> Yeah, I would I wouldn't do parking garage mix. You mean a a building with like retail on the bottom and parking top?
>> No. If you're extending >> Yeah. Oyola and I'm presuming that you're putting commercial there. >> Either you put in the parking garage and you'd have a little bit of room for retail along the um the edge. >> Mh.
>> Um or you have one or two served. I think I think some of those older concepts look kind of scary because those were big hotels and really dense. >> Yeah. >> Um I think if we have one or two stories that matches what they've got up there
>> and um you know, that could be good. I I don't really I work in public space, so I haven't thought through that yet. The one um retail I guess thing that I am thinking about and and going along the lines of the familyfriendly is I've seen
this in a lot of um cities that are revitalizing um that maybe are not as fortunate as Steuart that have you know had a um a hard time for a long time is um you know small business incubator space or um sort of like that food hall
that you see you know Maybe this site right here becomes a bunch of It could be food trucks. It could be um um the back semiers. No,
>> I'm sorry. I have so >> more like a kiosk, you mean where they would be individually >> kind of? I mean something that makes it easy for a more affordable sandwich shop or um you know something that's cheap and easy, fast, casual, you know, I can
come here and I can get a sandwich with my kids or tacos with my kids and then we all go sit on the line >> on the green space. Yeah. >> On the green space. Um, I I just keep thinking about like it's been mentioned a couple times here tonight, you know.
Um, our downtown is lovely, but it's expensive. >> An arcade square. >> Well, it could be a food arcade. >> Yeah. Something. I I have like I'll send you an good long email here once I get it all pulled together. But I've got inspiration images of just just some
ideas um for you all to noodle on. Um, I'd love I would love for this space, if we're going to do something with it, for it to be a place that everybody can use, no matter how old you are or what you can afford.
>> Yeah. Thank Oh, one more. >> Sorry. I'm sorry, Frank. There is an example in um Orlando called East End Market. Um the guy's dad was a developer, but he wanted to be a farmer. And so he took it, he bought an old
church and he turned it into a market space and it was all these little stalls and some of those stalls have been there for the last 15 years. There's like a cheese shop, a sushi place. Um there are a couple farmers that sell in the market and they've stayed there the whole time. But the other ones that wanted to grow
and were really successful, they they moved on to like bigger retail spaces once they could. So >> large cities have them also. you have um Pikes Market in Seattle. Same thing. You walk into this market, but in there there are different sandwich shops or whatever. Philadelphia has the same thing. Right now, the the name of the
>> the entity in Philadelphia eludes me, but same thing. You walk in, you can have pizza, you can have a sandwich, you know. >> Yes, there are a ton of those um along the belt line now in Atlanta, too, that I'm sorry. >> No. Uh Bonnie, thank you for the
trigger. Uh, I remember when I uh my wife and I could afford our first house and I had to do the sales job of a uh a little cracker box in Stewart versus a McMansion type thing in Port St. Lucy at the same about
the same price. And luckily she decided the one prerequisite she had to be within a mile of where she worked. I'm like, "Oh, right, cool. We have to go through that." And I remember coming here to this place right here for the first time
back in 1987 and going, "Whoa, where do I live?" I had no idea. There was such a sense of pride when I first came to this city hall,
the location of it and and for our forefathers to decide we're badass and this is where our city hall is going to go. And I still have that sense of pride. And I think
we're supposed to be this this great special place as far as we the people. Okay. If if there's one place that the whole city can have pride in,
I think it's this place. And I think, call me regressive, call me the what's that term, William, the uh village idiot. >> I was going to say >> village idiot. Call me the village
idiot, but man, it's location, location, location. And and and it's going to break my heart. And you start bringing up stuff like, uh, Asbury Park type stuff for here. And
I say we sell the Wells Fargo building, take the money. And I'd like to thank Jolie for having for getting me thinking about this. I was in for a different conversation, but selling the Wells Fargo building and
then making this building what we really need. If you look out a hundred years, 200 years, the city of Stewart is always going to be even a little better than that freaking unbelievable
uh uh courthouse building in Coral Gables. I don't know if anyone's seen that, but it's like it's it's the most amazing bill ever building I've ever seen. But this for we the people, our hometown to
have our city hall in this spot. It's going to break my heart when that when that u is not the case. Thank you. >> I start with saying I somewhat agree with Frank. >> I do too.
>> I never wanted to move from here, but we've had our issues. So, I'm glad that Main Street is doing the study and we have an opportunity to go and look at everything and look at our finances and see how things are going. We've slowly
moved into that building, but we haven't done a lot of big um infrastructure changes in there, I don't think. So, uh there's always an opportunity. Let me just go back to the um bit. Um, I'm sure
that there's a schedule and probably that's why it was up that people can put in applications. >> Yeah, it just went out I think a couple of days ago and I reposted it so people would see it. >> But if if we need penal to look at that or if we need to look at the criteria and maybe talk to her and see if in the
future if we want to work on something to make some changes in that so that the next time that project goes out we can have it in another way. But definitely um unless we want her to present and say this is what's going out as the bip. But
I know that we've added a million dollars this that and a lot of things have happened in how matches and grants and things go. We've kind of maneuvered it and changed it over time. So if it needs to change again and we need to to look at it then that's something that we
can um we can we can certainly ask to either bring to us at the C there be meeting, but I'm sure the paperwork is gone for this time already. So, um >> I I wasn't looking to change it. I was actually looking to complement it, you
know. So, you have kind of two sections. You have for people who are really small small businesses that can't come under that criteria. They don't have the $10,000 match, but offering something else. So, it would be two programs. I'm not looking to change the one we have. I'm sure that helps a lot of people.
>> Okay. Thank you. Confusion Corner when Sam Emerson was our our uh engineer. I talked to him about doing some of the things that we see DOT have on their big road which they have the arrows and they're lighted and you can see them at
night. I asked about doing arrows so that people can know where to turn and where to go. People don't like that. I see that I'm getting but anything Bonnie I'll look at what you have and whatever Joe Kapper is on um he's on call for us
if we need to look at it or have him look at it for safety purposes. I've been hearing that we don't over the years that we don't have a high rate of accident at Confusion Corner. Now apparently it's changing that seems to be every day there's somebody driving
down the railroad track as if it's a road. I'm not sure. Maybe we need to put a big sign. There's a railroad track in front of you. Don't drive on it. Cross over it. I don't know. But um uh if I I didn't realize that. Maybe we need to
get chief to tell us what's going on with accident rates there. I didn't realize it was such a m it was it was after you learn it, it's not offensive, but then in order to learn it, people may end up having accidents. But we need
to figure out traffic engineering way and a public relations way to get um people to be able to safely maneuver confusion corner. And I know it has that name confusion corner. Will we ever be
able to get rid of the confusion, but >> real quick? So if that is the case where confusion corner has become a total nightmare with lots of incidents compared to a few years ago then I go to what's different
now and then I'll look to my board member to the right whose Christmas float pretty much said it all. All right. Thank you. So it it sounds like there might be consensus to have an discussion item
about confusion corner at least to start figuring out where and if we need to do something for future CRACB joint meetings. Are there other comments from board
members? >> Mr. Mayor, >> I can't hear you. >> Get a mic. >> Thank you, sir. Thank you. >> Wow. >> The proper function of government is protect the lives, liberty, and property
of citizens, but not provide. This is uh something that I think of when I'm sitting as a CRB member and I'm about to give away somebody else's money to somebody else. It could quite literally be one business's tax money going to give funds to their
competition. Okay. So, I I struggle with that as I sit there and listen. Um to take it further, to provide for some, the government must first take from others. Once granted
this power, it becomes a mechanism for legalized plunder. Once this mechanism is in place, it becomes a highly coveted tool by others who wish to line their pockets
with the taxes taken from other people. Everybody wants in on this take and eventually it attracts outsiders, developers while the locals are harvested for their tax. This ultimately will increase rents, property values, which of course
is the objective of the CRA. We want to really build this place up and then it becomes nice and refurbished, which I kind of get it. You want to avoid slum and blight, but at what point do we say, "Okay, we're past the slum and blight phase. We've
become a pretty nice place." Do we want to keep jacking property values up and then forcing There's a business member I was speaking to this summer. He had to move his location in downtown Stewart to another spot because the rent went too
high. He'd been here like for 26 years, he's telling me. and he gives a discount to locals. He gave me this little card. Oh, you're a local. Here's a 10% discount. Okay. But he's a he didn't say it directly, but if I'm
to understand him correctly, he was concerned that he was going to be priced out of the downtown Stewart area, which is where he had had his business for 20some years. So, I just thought I'd want to bring that up. And it also comes back to this uh
Congress critter David Crockett who had one of his constituents tell him it was all angry that he gave away taxpayer funds. He says it's not your money to give. And that's kind of what I'm looking at in the CRB when these people come and ask, hey, I'm thinking, well,
is it really my money? These people that have picked in their taxes, is it my money to give away to these projects? especially since we've kind of moved past the slum and blight phase for the most part. I get it. There's an argument to be made, but I just wanted
to bring that all your attention and really ask how much longer do we really need the CRB and or the CRA? It's is here until what if I remember correct? Um, and we have a great staff member who who runs this.
Maybe that's why we're so effective. We have a great staff. So, and we have a great tax base. So, something to think about maybe. Just saying. Hey, >> thank you. >> I think you could make a compelling argument just for discussion.
Just for discussion. You know, the city of Stewart, Martin County, as far as I see it, likes slow growth. Uh they don't want their property taxes through the roof. They want things to be nice, but um typically they prioritize
things like public safety. And I think you could make a case. Panel, maybe cover your ears. I think you could make a case that, you know, because CRAAS take money out of the general fund of both the city and
the county, you you could be sort of doing the opposite of all of those things. Yeah. You are trying to make areas nicer so that development comes in to increase the tax base which increases everybody's taxes. Uh you're making harder to fund public
safety in thereby making it more likely the taxes go up. Yeah, I don't disagree with you. Will are there any other comments from board members? All right. No, everybody's good. Okay. Seeing none, do we have any if you just
said placeholder for staff updates. Is there any other comment? Sure. Sure. >> Yeah, I did have one thing to say. Um, and will I don't disagree on some of those things, but it is our job to do a nice balance. We need to safety I think
is the most important. We want to preserve the downtown that we have. And that is the reason I think that most of us are here. We're trying to make that balance happen. and that's for us to continue to do a great job. Thank you. is on because you said staff update
>> and maybe it's not a CR a CRB thing, it might just be a regular city commission, but um how are we doing on the Hamilton property that's not for this meeting that staff is going to bring back something to us at some other
point? It's probably not in >> Yeah, we we've not it's not noticed to be discussed here today, >> right? It's ongoing. It's not a CRB CRA. It would be a city commission item, right? If it's ever brought up. >> Um, yeah. If it's going to be brought
up, well, it's part of a CRA program. >> Right. Right. Yeah. >> You know, there there >> it might require city commission action on a particular issue that's being raised by >> it's it's ongoing. There has been no resolution to it and trying to get in a
free scope of work that you >> Thank you, sir. That was the latest. The scope of work needs to be signed, right? >> That's been going on. >> It's got to be agreed to in Hamilton. >> Anything else? All right. Seeing no other business, this meeting's
adjourned. Part: 2
in our regular meeting of the Stewart Stewart City Commission. Sorry, I'm on your There you go. Okay, Mary, would you call the role? >> Mayor Collins >> here. >> Vice Mayor Reed >> here. >> Commissioner Clark
>> here. >> Commissioner Gio >> here. Commissioner Rich >> here and we'll have the pledge of allegiance or forgive me the invocation followed by the pledge of allegiance and pastor Brochious is with us. >> Yep. So invocation and then the pledge.
>> Good evening all commissioners. Let's pray. Father in heaven, again, thank you for your grace and mercy and kindness to us. Uh just the grace of allowing us to live in such a beautiful place and uh thank you. Thank you. It's all of you.
And we do pray for these our leaders with thanksgiving. Lord, we ask that you would grant them continued direction and wisdom that would come from you for the good of our people, of the good of our city, and it would bring honor and glory to you. Lord, again we pray for health
and strength for all of us that we may be the best that we may bring uh your good to our families, our neighborhoods, and those around us. >> Lord, thank you for Helen McBride who has been so faithful, Lord, to care for
our city over the years. Lord, uh how we pray that you would uh be with her with his stroke and now in hospice. We ask God that you would be comfort and guide and direction and again that it would all uh bring uh glory to you. So we pray for her family and all that you would
bring comfort, peace to them. So Lord again thank you for tonight. We pray that you would guide and direct us and we pray this in Jesus' name. And everybody says >> amen. >> Amen. >> Thank you. >> I pledge allegiance
>> to the flag of the United States of America >> and to theublic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Before we get into comments by commissioners, I wanted to ask if
Helen's daughter would you mind just >> Yep. Just a comment. Yep. Um, I'm moved to be here. Um, because my mom has spent years in this room
and at this podium. My name is Robin and my mom is Helen McBride. That makes me proud to say. Um, I wanted to update everybody. Um, I don't know who knows her. Um,
>> everybody >> specifically. Yeah. Dumb question. Sorry. Um, my mom had a tragic fall on Thursday afternoon and she had a mass massive stroke. Um
she had several CT scans and an MRI that confirmed that she will not recover from this and um but she's still talking to us and spoke with Ula today which was
beautiful. Thank you for coming to visit my mom. And uh I think that's just such a gift that we've been given that even the severity of her disability that she's still able to talk and we're able to
share so many meaningful conversations. Um don't know how long this is going to last but I'm grateful for that. Uh, my mom loves Stewart, Florida.
I grew up here and I love it as well. I don't know really any of any of you, but I've heard your name several times by my mom's voice. Um, she spent all her energy making sure
that Stewart was the best city it could be, and I'm proud of that. I I did want to make everybody aware of her situation, but also I want to do something for my mother
and honor her when everybody's voting on anything that relates to Florida. Ask yourself, what would Helen do? >> Praise the Lord. >> And you'll never make a bad decision. >> Praise the Lord. Um, now for those of you who knew her well, you're going to understand this
last comment. When she does pass, I feel sorry for anyone in heaven because she's going to make sure that everything changes and she doesn't care who Jesus is and she's going to make it known that she's there, >> right? >> Um, I just want to especially thank
everybody for loving my mom. I was the luckiest girl in the world. Thank you. >> Thank you. And please send all our love to your mom and we're saying prayers. >> Commissioner Rich, did you have any comments? >> Uh, thank you, Mr. Mayor. Sir,
>> I wasn't going to mention that, but I'm I'm not glad you mentioned it because obviously, but yeah, this community is very lucky to have an individual such as Helen who cared so much in um participated in such a civil manner
and enriched um local government. So, unfortunately, I have to travel to Tallahassee very soon, but I hope I can get back. And I know my wife and I are anxious to go visit her. Um, the mayor and I were
at the Rivers Coalition meeting the other day, and an interesting remark was made and they were talking about government responding to the needs of its communities. And
as they pointed out, cities respond faster than counties. Counties respond faster than states. And states respond faster than the federal government. And sometimes the most powerful example is the simplest example.
And I just want to point out to you that on the 12th of this month, all the commissioners received a letter um through the city email and it said, "I was down at the amphitheater by the boat house and she's
not familiar with our community." And I was trying to walk down the stairs and I couldn't see the stairs and I couldn't gauge the depth and it was very dangerous. And so I went down there, took a look at it myself, and I forwarded an email to the interim city
manager saying, "Do you have an interest in addressing this matter?" And today, he responded by showing us pictures, I don't know if the other commissioner saw this, but of the new lighting that they have in fact
installed. That is terrific. That is going to make it safer for people who visit our downtown. And Well done, interim city manager. >> I can stop you right there. It's going to sound very familiar. This was Milton Leget. >> Oh, Milton. >> And uh Milton
>> Yeah. Milton Leot and Jim Croski >> speech. >> As soon as they heard something about, you know, uh boardwalk and all that, they they jumped into action. So it >> Well, it was at it was at your direction and >> Yeah. >> But that's good you got my my my neighborhood because he's been causing a
little trouble. No, he we we actually redid the median on Flamingo and it looks absolutely terrific. Um the point I'm making is that local government is so important, is so essential,
and can be so responsive. >> Um my concerns during the legislative session deal primarily with ensuring that we have home rule. uh because I'm the city of Stewart's representative of the Florida League of
City and that is what they do. And along those lines, I'm going to ask the my fellow commissioners indulgence because I have to be at Tal in Tallahassee at 8:30 tomorrow morning to talk to our legislators about the issues
that are of vital importance to us. So I I am going to leave just before the DND starts and I hope no one takes offense. Believe me, I will review um uh uh the remarks made during that.
But I don't drive that well in 2:30 in the morning. So I'll thank you, Mr. Mayor, for >> No offense taken. And thank you for for going up there and helping fight >> for home rule. uh for home rule >> what what appears to be a unhinged
session. So >> uh that's a very good description. >> Uh Commissioner Gobi, >> uh I have no comments. Thank you, >> Commissioner Clark. >> Thank you. Um I just wanted to say that
I went to see um Miss McBride today and Miss Joby wanted to know and I think others I don't know if Robin wanted others to know, but she's actually here at the hospice right in front of the
Splash Park, the Hey Madera Harper Center. So, it's on the north side. The other front part is on Indian Street. And she's right there. Visitors are welcome. And um she did speak to me. and Chief Felicion
um she said you know the guy whom came by all the numbers for all my children and everybody was on the on the um on the refrigerator and you know the fire department they came so quick after he called them. So and I'm just surprised
knowing the level of illness that she's at. She's actually speaking and her her wit and her memory and everything is right there. So, um, she's just >> 10 minutes. >> Yeah. Just amazing. So, >> awesome. >> And she remembered that. So, if if you
didn't come fast enough, she would let you know. So, um, we had an interesting meeting before this meeting, which was our CRB meeting. And I know that people make a lot of effort to come out to our city commission meeting. If you could
continue to go to our website, look at our meeting schedules when the individual CRB meets, when the individual LPA meets to discuss projects um and and matters before them, and then when we have those joint meetings, those
are important, too. It's not just a 5:30 city commission meeting. Please watch those schedules and come out to those meetings. Right now the Steuart main street is doing survey to look at this particular property here and the entire
property down towards the point and but especially this property. And so there are ideas for us to make plans or change plans for the future. So, please get involved with that survey, find it, call Main Street, go on the website, call
City Hall, and find out what you can do to put your to put your input uh into that process. Um, Mr. Mayor, other than thanking Milton for all that he does, we'll wait. I know that there's a
particular item on the agenda with the um East Stewart situation and I hope that we can um we'll have members of the public here to help us look at that as we talk about what we'll do with that committee and how that will end up um as
of tonight. But um our soon to be city manager is among us for those who don't know Roz Johnson and we'll soon get a chance to meet her. Roz Strong we'll soon get a chance to meet
her and see her. So I I just I I I just think that we um we have a great city and we need to continue to support each other and work to get things done. And thank you, Mr. Rich for what you're going to be doing at the legislative level. We appreciate it.
Thank you, >> Vice Mayor. >> Yeah. Um I have some notes from my town hall. Um the biggest thing that I heard was they want the public wants more from us. They want more open government. Um so I plan on doing one a quarter and
I'll probably bounce back and forth between city hall and 10th Street. Uh, I did take some notes, but the biggest things too were like safety issues as well. Uh, so I'll rattle some off. So, and some were already addressed. So, the Tarpon Avenue and MLK, the silk fence
for project lift, that being a blind spot. Georgia Avenue and MLK potentially being a four-way stop because that's another blind spot there. Um, the stop sign not being visible on MLK and Palm Beach Road when you're
heading east. Uh there was a pothole and speeding I believe on uh by Alamanda. Um one thing too this was this and this might be for Lee or uh Jolie. Do we have
a say so when hiring outside counsel for litigation? Like who sets that policy? Um yes uh we have a list >> we have a list approved list through TRIRO >> and so they have to be vetted through Trio and so we have a list of various attorneys.
>> Sometimes the adjuster makes a recommendation but ultimately I I decide who we we hire. >> Okay, >> but it's usually from an approved list of several different firms in exchange they've agreed to a certain hourly rate >> and so forth.
>> And then this one too, uh Lee, you might know about this one. So traffic count and studies before a property is issued a CO. For example, if you have a development and this might I think it might talk about Florida state statute stuff. So if you have a project in
question that has not seeded yet, they don't have to include that in their traffic count. >> I don't know the answer to that. So I'll have to get back to you on that. >> And then uh one big one that keeps getting talked about is affordable housing as well. Um, that's a touchy subject because I think everybody in
this room has a different uh mindset for what's affordable versus their neighbor. So, I'm not sure how to fix that one. And that's all I have. >> I have no comments, Mr. Bioli.
>> Um, no sir, not at this time. Um, other than just that we're anxious to see Roz in the seat. >> No pressure. >> There's your smile. Do I have a motion and a second for approval of the agenda? >> Move.
>> Approval of the agenda is published. >> I'll second the motion. >> All in favor? >> I I >> um comments from the public on non-aggenda related items. Three minutes.
>> I do. I have Janine Alexander. Can I disseminate these letters that were actually um attached to an email in December 30th of 2023? They're addressing public records requests. >> Mr. Mayor, this is an this is an agenda
item. >> This is an agenda item. >> Um not this in particular. >> No, for hang tight. That item we weren't going to have public comment. It was just going to be a DND, so this would be her opportunity to speak. Good.
>> Um, I'm gonna wait till Thank you. >> Thank you. I seen this. Some of you all, if you were in attendance on December 8th, 2025, might recall my name, Janine Alexander, as I presented that evening some concerns as
to how public records are handled um primarily by the former um city administrator, Michael Martell. Michael Martell and I became um introduced in 2018 when I filed a citizens complaint in regards to several
concerns about police matters. This evening, I would ask for you as citizens of Stewart. I was once one of you. In 2015, I was a resident at Vista To remain until the final agenda matter is heard this evening.
I attended state legislation this past week in regards to public um a bill on domestic violence SB 682. I was allowed to present to senators. And as you might already realize, my voice was shaking then, too. I've never presented in that
magnitude in my life, but I felt like it was my civic responsibility and duty to do so. I am the victim of a domestic violence incident. It turned my life upside down. And for 10 years, I've fought hard to regain
what I lost in one night. It was as if a magician had pulled the tablecloth and nothing remained on the table. I was arrested on March 11th by four Steuart police officers who came to my home at 10:30 at night without a
warrant. If they had probable cause, they could have served it earlier that day when I was at the police station. They could have made a friendly arrest, but instead they subjected me
to circumstances that could have cost my life. I was driven into a state of anxiety where I took anxiety medications that were enough, as the ER doctor said, to kill a horse. I don't know why I'm here today, but I'm glad of it. My sympathies
go out to this young lady that's whose mother's in the condition she's in because my mother passed five years ago and I still wear the title of felon and I'd like to erase that title before I die.
My name is Janine Alexander and I hope you'll remain and listen to the final agenda matter this evening. We have David Kelman. Ladies and gentlemen, I personally want to thank uh Mr. Rich and Ruth for coming out to my property, Palpatine Creek, and
observing the issues that we are having there in our creek. Um, it was wonderful to have him out. I wish others would have came out, but unfortunately, I guess schedule is conflicted. I would also like to thank the chief of Steuart PD for coming out to our community, um,
introducing himself at one of our meetings. Uh, it was very nice to have him out there, um, and introduce himself and talk to the public. and, you know, educate them on certain aspects of the police department. Um, that's pretty
much what I have and I hope we still haven't forgotten about Paul Creek and the issues that we're having there. Uh, this morning I do have photos. I'll show them to Mr. Rich and Ruth at some other time. About 400 ft of our creek this
morning was nothing but sludge and oil. So we we need to as a city find out where our water is becoming contaminated. Big part of it is Caner Highway. The other part of it is the Papa Creek D Park water retention area which nobody wants to address that
situation's going on over there. But our waterways are in serious condition. Okay. I mean the smell, the sludge, the oils. Mr. Rich, I believe witnessed it himself along with Ruth. So hopefully it
stays fresh in everybody's head and we can move forward and all come to a comp compromise on getting this addressed throughout the river, not just Papa Creek, Razor Creek, Pton Creek, and the rest of our waterways. Thank you. >> Thank you, sir.
>> I have no further public comment, Mayor. Okay. >> Do I have a motion and a second for approval of the consent calendar? Mr. Mayor, I move approval of the consent calendar, which is items numbers
one and two with various minutes. Do I have a second? >> And do you need individual? >> I'll second. >> I'll second. Okay. >> Seeing a motion in a second. Mary, would you call the role? >> Unless there's any discussion. Forgive
me. >> Commissioner Goi. Yes, >> Commissioner Rich. >> Yes, >> Commissioner Clark. >> Yes, >> Mayor Collins. >> Yes. >> Moving on to commission action. Item number three, utilities easement hanger
with a field airport. Resolution number 08-2026, a resolution of the city commission of the city of Steuart, Florida, accepting a utilities easement granted by Martin County, Florida, authorizing the mayor and city clerk to execute a partial release of nonex non-exclusive water and
sewer easement agreement between the city of Stewart, Florida and Martin County, Florida related to hangar number 10 located at Wamfield Airport providing an effective date and for other purposes. And this is my agenda item. So I'll provide a a background. So the airport
is outside the city limits. However, um several years ago that the city agreed to provide uh water service and sewer service to the airport. And so as a result, the city and county entered into an agreement in which several easements
throughout the property which would include the infrastructure in the ground. We're responsible for the infrastructure within the easements that provide the sewer and uh water service to the airport. Um I guess the city was granted a utility easement where the
infrastructure was located at what's called hangar number 10 which already has been built over uh and so they built a hanger over our easement. uh once they became aware of it, they had the developer who was developing the uh hangar number 10 to put in new
infrastructure in the ground around and rerouted around the hangar. And so, um, this resolution would be, uh, accepting this new easement that Martin County had provided to us, um, which is rerouting the infrastructure around hangar number
10. And then we would be releasing the old easement with the old infrastructure in the ground. If you have any questions on this, I'd be happy to answer. >> I do. Thank you, Mr. Mayor. um city attorney. It's my understanding
that this sometimes happens and maybe we need to have an agreement with the county where we overlap on certain things so we know in advance, not after the fact that they've built over a piece of property or built over a line of ours. So maybe going forward we could
have that as just not that either one has to approve it, but just an awareness of, you know, we're building this, it's over your waterline and everybody's aware. So I think that would be important. And then I understand that the developer paid for the line, not the city. Thank you.
>> Ah, forgive me. Go ahead. >> Oh, thank you. Thank you, um, Commissioner Ji. Yeah, I was going to bring up just for the record if there's any cost um involved in this cost loss and I think you brought up the fact
about who paid for the line, but just as a course of business when in looking at these things, especially when we have things that are joint with the county, we want to make sure if we're spending or losing any money on this type of thing. So, I I I don't think that we're
losing any money. And um I I mean I don't object to us accepting this um arrangement as it is now. They keep what's underneath that hanger and we keep the the new easement that's been created.
>> Not really. I mean Sunshine 811 exists for a reason. They would have known these utilities were there then before they built the hanger. >> I I can't explain what I I can't explain. >> When did they build the hanger anyway? >> I do not know those details. So my my my my impression is like just like when a
developer comes in the city to develop, it goes through the various departments, utilities, fire department, uh you know, development department and so forth and everybody checks the box. But since this is outside the city, we're not included in that process. and and so it's would
have been up to the county's utilities to notify them that there was a utilities uh easement there, but I don't know the details of how that escaped. Technically, it's an open hanger, so the the the easement could still remain and the utilities could be accessed. You
just got to, I guess, blast through the concrete flooring. But they put in new infrastructure. So, we have new infrastructure. So, we're benefiting by having new infrastructure, not the old infrastructure in the ground. Uh, you know, I know it's a nuisance having to have to go through this hearing, but it
it is actually probably a benefit to the city. I know before Mr. Mr. Mortell left that there was potential discussion of maybe having the county take back over the water and sewer, but I I don't know that any further discussions has occurred on that issue. But I know it
was an issue that was going to be discussed or may have been sort of discussed, but I I I wasn't involved in that discussion. So, so for context, I've been waiting to to speak to this. I, you know, the mayor comes in and signs forms and this
particular item was in the package of items I was to sign. And so, you know, I I thought that's strange. We never talked about this. Why Why is this, you know, and and so I brought up bringing this in front of all of you and the
public because I think this is This kind of a thing is part of what people and this is a small item. This is not a big deal. But this type of thing where you know the things are done and and there's no
transparency potentially outside of the daylight outside of public awareness. uh if and again I don't want to beat up on this on the county or this particular item but if you're going to try to encourage a culture of more transparency you know having this on the agenda is
for that purpose because in what other in what other uh situation could a property owner build on top of somebody else's utility easement? I mean, there's lawsuits that have been happening in the city of Stewart
that we're all aware of where this kind of a thing has been a huge issue. When could you do that and then just move it and then send over the form to be signed? You know, it's a strange thing. You can't do that. You couldn't do that in in private sector, certainly not
public, and then somehow hope that it just doesn't hit the dis. So, you know, again, not to beat this to death, but I I think it's inappropriate for the
county to function that way. um to mo move our utilities without our permission, get it all done and then send us the form to sign, you know, and I and I I I don't want to litigate it with you guys as to when what happened, but I hope if
anybody's listening over there, don't do that anymore. And and on our end, we'll try to do our best to be as transparent as well. And if this is the way we've done business in the past, let's stop. Um would be my my sentiment on this. Mr.
>> Did you comment? Okay. >> She Commissioner Clark had had her light on first. >> The light system is not working. >> Oh. >> Oh, sorry. Thank you. >> Go ahead. >> Thanks. So um
the loss so I I guess maybe one day we need to have staff probably our development staff or building staff uh especially on building type matters development matters when you have the school board and the county
and especially the county property that's the county's property that is not in the city limits. it's kind of taken out of the city limits um for whatever reason although people assume that it's in the city but it um
especially the school board they have they have their own procedure for doing buildings they do things and we have our joint city county school board meetings and maybe if we need to ask each other and find out how we can better um get
these things done because they are always constantly doing things. We have Steuart Training School, we have JD Parker, we have um uh the school in Jensen Beach, and we have Steuart Middle School. But all the time these
construction, they do not come through the city. And so something could be happening on a school ground that maybe even affect some public waterline or whatever the situation is. So I think that we just need to figure out how we
can better um coordinate things but we don't have it's been traditional and that's the way it has happened that they have they they they completely do their own thing school board and this thing with the county but I think that the history was there with the with the
county that they knew that this line belonged to the city and um so definitely we have to I think that maybe there could be something that we can work with bringing to the joint city county school board meeting to ask for
an explanation to see how we can better um not that we're going to they're going to come to us with all of their building plans, but we at least need to have have some kind of an inquiry or a checkbox that says is there any impact to the city of Stewart or some city city
facility or or something like that, >> city easement, city facility Uh we've had like the the water lines that are the um the purple lines that um give gray water to different places and they
go all throughout um the along the side of the road and you know it could be something that the school board or somebody's doing and so we just all need to to know what we're doing with >> Yes, we we are liable for those pipes, right? whatever was whatever
infrastructure even if they paid for it to be redone, we would we're still on the hook. It's still our we we we own the infrastructure except now that we're releasing the infrastructure that's under the hanger, we won't be responsible for that anymore. But the new infrastructure,
>> we had a chance to properly inspect that to make sure it was done. Yes, there was um there was a lot of back and forth with Mark Rogalino and Peter Kunan with the representatives from the county airport that we made sure it was inspected and cleared by DB and other uh
certifications were made. So, we actually were delaying accepting the new infrastructure until it passed those certifications. >> So, it's been certified by D. But did Peter or whoever have a chance to re before the dirt went back on top of it? Um, now that part you and E would have
to speak to, but this is because we don't have the airport's not ours, right? That's why they give us access to go into that secured area to do that. >> Easement is >> right. That's why they gave us the easement so we can access our utilities to maintain them. >> Did you have a chance to investigate
that? >> Uh, good evening, uh, mayor, commissioners, Peter Cunan, utilities and engineering director for the record. Uh yes, we did. Uh we had uh one of the city's UNE director um inspectors out there that observed the abandoned
section of water man that was beneath the the hanger itself. >> Mhm. >> And also observed the construction of the the new section of water man that's within the the new utility easement. >> Perfect. And it met all of our qualific. >> Yes, sir. It did. >> Thank you.
>> You're very welcome. >> Appreciate you commenting on that. >> Thank you. >> And Commissioner Gio. >> Yes. Um I I had mentioned it before. I think I would like and I would not like to blindsight them at the city school and county meeting. I think in advance
if we could send a letter if the other commissioners are in favor of that sending a letter to the county to ask that future projects please be aware to make us aware that they're building or changing something over a pipe or whatever that we own. So then we can
certainly at the city, county, school board meeting, which is coming up in a couple of weeks, we can ask them if they've resolved the issue, if they've addressed it or whatever. >> I'm happy to uh to assume positive intent and that it was just an oversight and not that they were merely looking to
maximize hanger space at the airport. Easements be damned, you know, >> right? But in the future, they would also then be on record to know that we're aware and if they could please just be considerate of, you know, our pipes and whatever. So I I would like if the other commissioners are
>> amendable to sending a letter to the county in advance of the meeting. >> And I wasn't thinking about the next meeting exactly. I was just thinking that working on a policy just to inform each other. >> Okay. I mis I may have misunderstood because you said when the meeting comes, you would bring it up. >> I didn't have that schedule. I didn't
have that schedule for the next joint thing. I'm thinking of that coming up in June because that's usually when they come. >> If there's no other comments, do we have a a motion for approval and a second for item number three? >> Move approval of item number three as
published resolution number 08 2026. >> Is there a second? >> I'll second the motion. >> Is there any public comment on item number three? Seeing none, Mary, would you call the role? >> Commissioner Ridge,
>> yes. >> Commissioner Clark, >> yes. >> Commissioner Gio, >> yes. >> Vice Mayor Reed, >> yes. >> Mayor Collins, >> yes. >> Item four, selection and appointment of magistrates. Lee, are you taking this? >> Yes. >> All right. Resolution number 10-2026,
a resolution of the city commission of the city of Stewart, Florida, appointing blank as primary code enforcement magistrate for the city of Stewart and blank and blank as code enforcement magistrate alternates and providing an effective date. Uh pursuant to section
26-21 subsection C of the city of Stewart's code um magistrate appointment and powers this a city it specifically states a magistrate shall be appointed and serve at the will of the city commission but shall be initially appointed for a term
of not less than two years and shall serve thereafter at the will of the commission and shall continue to serve until a successor is appointed or until said magistrate may earlier resign or forfeit the appointment as provided above. A magistrate may be removed from
office upon an affirmative vote of a majority of the city commission members for any reason except to seek to influence the outcome of any matter which shall come before the magistrate. Um, back on the December 8th, 2025 commission me meeting, the mayor requested a discussion regarding the
city magistrate's uh position uh and whether the city of Stewart desires to maintain the current magistrate or potentially se select from the two alternate magistrates. So going further back in history, back in 2009, the city commission passed a resolution 01-209
which appointed Paul Nicolleti as the city's code enforcement magistrate primary and Thomas Baird as an alternate code enforcement. The resolution always also approved an hourly rate of $200 per hour and consistent with our code, it provided for an initial term of two
years. On April 10th, 2023, the city commission passed a resolution 2920-20223 appointing Wendy Worb as an additional alternate to the city code enforcement magistrate during Paul Nicollet's appointment as interim city attorney.
This initial term for this office was a minimum of two years. On December 9th, 2024, the city commission passed resolution 124-2024, which appointed uh GMA Torcivia and Brett Lashley as additional alternates
for the city co city of Steuart code enforcement magistrate position because the previously two appointed alternate magistrates were no longer available. Uh in the resolution, the city authorized a continued hourly rate of $200 per hour. Uh since then, on
December 19th, Mr. Lashley communicated that in order for him to continue to be available as an alternate or a primary magistrate, the hourly rate for him would need to be increased to $375 an hour. And on December 26, 202525, Miss Torcivia communicated that she is
willing to continue to be an alternate magistrate or a primary magistrate and continue at the hourly rate of $200 per hour. On December 26, 2025, the primary magistrate, Mr. Dr. Nicolleti notified the commission via written correspondence that he would be stepping
down as the primary magistrate and be available as an alternate. In addition, he was um requesting that his hourly rate as an alternate be increased to $400 per hour. Um so we have
potentially three positions or two positions. We need we definitely need a a primary magistrate to be selected from the three. Well, from the two, I should say. Mr. Mr. Lashley and Miss Torcivia and then Mr. Nicoleti is willing to continue as an alternate and then
whoever you don't select as the primary is also willing to be an alternate obviously on the different hourly rates. So, we're going to need uh we have the resolution. We're going to have to have you fill in who would be the primary magistrate and and either at least one alternate and possibly two. And we'll
also need to address the hourly rates. >> So, This is a really uh important move for us to make. Who is going to be the magistrate o over the city? I mentioned last time the two different um between
Gemma and Brett, Gemma Torcivia and Brett Lashley. both very qualified, but I felt more comfortable looking at Brett Lashley in terms of his past relationships to to those who have been magistrates and then just overall the firm he's a part of. So, I'd like to
make a move that Brett Lashley be appointed as the primary magistrate and Jim Torcivia as the secondary. If there's a second >> point, can the mayor make that? No, >> but the mayor passed the
>> gavl. Gavl didn't see that. >> So, we have a motion by uh Mayor Collins to have Torivia as the main >> right. No Lashley as the main and then Torivia as the alternative. >> Primary and alternate.
>> Primary and alternative. Yes. >> I'll second the motion. >> Do we have a second? >> I second the motion. >> So, we have a second from Commissioner Gio. Are there any public comment on this motion? We have one public comment. >> You can you can speak and then you can
fill out a card. Remember, it's three minutes. >> I just need >> 30 minutes. >> No, 30 minutes. >> 30 seconds. Um >> just uh for the benefit of the public, I might ask the commissioners or perhaps the the city attorney
>> in 20 seconds or 30 seconds, can you tell us the role and purpose of the magistrate? >> Can we just name >> Thank you. >> Um >> yeah, can you give your name? >> Can you give your name, please? >> Oh, I'm sorry. >> 32 seconds.
>> Yeah, sorry. Uh Clay Sher 200 Southeast uh Fort Winds Drive Stewart >> green card >> Mr. Bag. >> Do you want to answer that Lee or >> I can if you want me to. >> Yeah, that's fine. >> All right.
So our our code our code section 26-21 identifies all >> A through J subsections which is defines the magistrate and appointment and powers if you want me I can go through it all I mean
>> briefly. >> Yeah I was just looking for like a 20 second summary for the we little people so we could understand. So, as I already said, the commission may appoint one or more magistrates who will be the hearing officers for code violations.
Magistrates shall be members in good standing of the Florida Bar and shall remain in good standing during their entire tenure as a magistrate. So, there's a requirement that they be a lawyer. Trying to see what I bypass here. I've already said that they will be for a
term of not less than two years. um magistrate shall be compensated by annual appropriation by the city commission and we did not have that addressed in the motion but we will need to address the hourly rates. um you are it and this is in the code
but so I don't have to sit here and read it but you you've def you've delegated the authority to the magistrate or magistrates to um have public hearings on code enforcement violations so that you don't have to do it in your board. So
we meet once uh once a month for the for the hearings. Um, magistrates shall use sound discretion, may determine violations of ordinances, levy fines, levy administrative cost, grant or deny or modify extensions of
time for compliance. They may also suspend, reduce, wave, or abate fines and cost in whole or in part, and may fashion other reasonable orders not in conflict with any applicable law or ordinance, including but not limited to the rehearing of matters and the
modification and vacation of interlocatory and final orders. >> He's way over 20 seconds. >> All right. I'm sorry. I'm trying to get through, sir. >> He can't do 20 seconds. Um it it does say the jurisdiction is not solely
exclusive to the magistrate. When I was at city of Port St. Lucy, I know some code violations, especially with animal control. We we we presented those to u a county court uh judge in Fort Pierce. So I mean that we don't have mag we don't
have animal control here. >> Pretty much everything that the all the codes predominantly go before our uh city magistrate. Uh they should it also says in here there's it's a broad discretion of jurisdiction
granted. City commission hereby specifically designates magistrates to decide petitions for abatement, reduction or satisfy fines and all leans recorded in the public record in attempt of the city commission to de delegate the authority uh concerning the
satisfaction release of leans to the city magistrate. hearings and orders regarding contempt proceedings and rules to show cause. >> I think we got it. >> All right, we got it. >> Does that help? >> There's more, but this was uh adopted in
2005 as well, this ordinance when it first started. Uh, Commissioner Clark, do you have a comment? >> Yes, sir. May I? >> Yes. >> So, going back to um what Mr. Bagot just stated just for the public and I know
that Mr. uh Shearer just asked this question. So that's section 26-21 of the code and ordinances regarding magistrate appointment and powers and
the the main part about that is the the appointment and the powers the designation of the powers that has been a major issue in this time when we've been transitioning our magistrate that um the public or people are interested
in items that have been handled by the magistrate have um asked or how does how do you appeal from the magistrate and what is the authority of the magistrate versus what happens with the city
commission and we very clearly have guidelines that said that we've delegated that that decision making power in the areas that Mr. baggage just brought up to um the magistrate and any appeal from that goes in accordance with
what is in that same section and it goes to the the court system and um so all that I don't know if we need to maybe make a little white paper so that people can have that process on our website and
kind of have an idea how does the magistrate work how does something happen I don't know if that's in Jod's area or if it's a city manager's area. But I think that people need to have a little explanation and put a little white paper on how our magistrate works
and that would be important um to do. The other thing is that in the motion I thought that when the mayor made the motion he mentioned that it was he was asking for the 375 an hour. So I'm
hoping that that is what it is the 375 an hour and that was in included in the motion. Uh I mentioned the delegation and of course the whole idea of sound doctrine and the appeal process. I think that whole idea of appealing from the
magistrate and how that decision making um tree works is very important and I think that we need to get that out to the public and and um let them understand um how this process works and and um how
the fines and and are are decided by the magistrate and how that goes through. So I think I think that that's important. I just wanted to bring that up. Does that conclude your comments, Commissioner Clark? >> Yes, sir. >> And that that's I had a comment as well. Uh I think we'll clarify that in the
motion as far as the rates because we have three different rates going on. >> So I would like to thank Mayor Collins. We'll have to amend his motion. Uh Commissioner Jobi, did you have a comment? >> No. Oh, I'm sorry. No, I did not. >> So let me update my motion to include
the 375 rate that Mr. Lashley had included as that new >> All right. And that that would be the hourly rate for Miss Torsivia as well. I think it's fair to compensate him the same. >> Both both rate. Yes. >> The alternate. >> So when Miss Torcivia covers for Mr.
Lashley, if he's unavailable for any reason, she would receive the same rate. >> Now, how would that work for Nicoleti that asks for 400? >> I don't think he would be included at 375. Yes, it would be the same. >> Mr. Collins motion did not include Mr.
Nleti as a an alternative. No. No. So, you're going to need a second on that updated motion. Who >> second? >> That was okay. I >> really >> was it Miss >> It was Commissioner >> Commissioner Joy needs to. >> Yeah, you need to accept his amendment.
Commissioner did it, >> but I amended the second to include the 375 rate. So, you would have to amend your second, >> right? I know Commissioner Clark, thank you for jumping in there. >> Are there any >> I second the amendment. Thank you. >> Are there any public comments on the amended motion? >> Nice.
Mayor, can you call the role? >> Vice Mayor Reid, >> yes. >> Commissioner Clark, >> yes. >> Commissioner Rich, >> yes. >> Mayor Collins, >> yes. >> Commissioner Gio, >> yes.
>> You want to continue or take it back? >> Sure. Give it back. Okay. So, moving on to item five, interimm city manager appointment. Resolution number 11-2026,
a resolution of the city commission of the city of Steuart, Florida, replacing Lewis J. Baglioli the third finance director with Rosman Johnson Strong, human resources director as interim city manager, authorizing an increase in compensation to the department director
acting in a higher capacity as interim city manager providing an effective date and for other purposes. >> Um, >> so on as a background on October 27th, 2025, the city commission appointed Lewis J. Balioli the third, the director
of finance as the interim city manager and he continued to perform his regular duties as the director of finance in addition to taking on the duties of the city manager. And um at on chapter four of the city's employee handbook provides for an additional compensation of up to 10% for
employees acting in a higher capacity in excess of 30 days. On December 8th, 2025, the city commission authorized an increase in comp compensation via resolution number 111-2025 for Mr. Balioli while he was the interim city manager and it was retroactive to
when he took place back in October. Uh the city commission uh desires to replace Mr. Boglioli with Rosman Johnson Strong, the director of human resources, as the interim city manager until such time as a new city manager is appointed by the city commission or at an earlier
date determined by the city commission. So, we are looking for a uh motion. >> Do I have a motion? >> Motion. I have a my light on. Mr. Mayor, >> you have a question for >> No, I want to make a motion right away, Mr. Mayor. >> Okay. >> Mr. Mayor, may I rise to ask the
commission to approve resolution number 11-2026 um for the appointment of Rosman Johnson Strong as a interim city manager? >> Is there a second?
>> I'll second the motion. >> Is there any public comment on the motion? I don't think the subject should be >> until they say yes, I'm still the city manager, so come up here. >> I've never seen you stand before.
>> I've seen her stand before >> for a motion or something. Yeah, >> I think she's waiting for you to vote. >> Yes, we have to vote. >> She's waiting for you to vote. >> Okay. I thought you were cute. >> There's a motion in a second. >> There is a motion in a second. >> Call the RO. Mary, >> Vice Mayor Reid. >> Yes.
>> Oh, no. I'm sorry. I have a question, Mr. Mayor. >> Perfect. Yes. Yes. Forgive me. >> Roz, could you come to the DAS, please? I'm sorry. Sure. >> Your last name is Johnson. Sorry. >> Strong. >> Strong. >> Strong. >> How do you want us to address you, Roz?
My children's godparent is strong, so I should know that. Um, when did you become aware that this position was available? >> Oh gosh, I've been away at a training event, so the actual timing is going to
be a little a miss for me to be honest. It wasn't long ago. I can't give you the actual date. I I can't recall the actual date. >> When you became aware the position was available that did you then apply for it?
>> No sir. I was asked to sit as the interim city manager until the position is filled. >> And by whom were you asked? >> Mayor Collins. >> Okay.
Um, thank you. Um, on a more general note, I would just like to say that the charter does not provide for an interim city manager. There's no language for an interim city manager. We do have an acting city mana city manager position and explains how
it is filled and how a successor is is uh designated to that position if the need arises. And I think at some point we should address we should have specific language that addresses
uh the specific position of interim city managers since it seems we've now had two in a very short period in time and we're really in no man's land as far as our charter is. So thank you. >> Thank you. >> Is there any other comments from our
commissioners? >> All right. Seeing none, Mary, would you call the role? >> Vice Mayor Reid, >> yes. >> Commissioner Gio, >> yes. >> Commissioner Clark, >> yes. >> Commissioner Rich, >> yes. >> Mayor Collins, >> yes.
>> All right, Ros. >> Thank you, Jolie. >> Thank you, Jolie. >> Keep that. >> Thank you. >> Are you leaving? >> She's taking a seat. I'm not leaving the room. >> He's our budget director. >> She's taking the seat.
>> The budget director doesn't need to be here. >> I'm not leaving. >> Finance director. Always >> finance. >> I would like to just personally take a moment and thank Jolie Lewis. Lewis. He is an incredible finance awarded
finance director and really took this whole thing on short notice from us. Uh not everybody knows but he's been working nearly remotely from out of state and so he he radically upended his
life to come and cover for us in this process of getting a new city manager. So, uh, very thankful for for Lewis and he did a fantastic job and I know we're all very appreciative of him. So, >> thank you for Roz.
>> Don't thank her yet. Roz, do you have any comments? You want to jump in here? >> No. Just want to thank you for the opportunity to serve in this manner. >> Fantastic. >> We look forward to working with all of you. >> You're going to do great. Okay. So >> yes,
>> for for clarification purposes, Commissioner Rich, I know it doesn't say it in the charter as far as like an interim city manager. So like hypothetically, if the acting city manager had quit, how should that have been filled with an interim city manager then? Should we
have functioned without one and gone through this process or who would actually run the city then? >> It may be an item for discussion. It might be because it's in so it's in the charter. So the only way to amend it is to go out for a referendum which is very
difficult to do and one it's costly. So I don't know if you'll >> I I know. Yeah. >> I was just No, sir. Just to something that's in there. The the charter speaks to an acting city manager, but it references when the permanent city manager is currently not available,
right? and it speaks to a department director being appointed the acting city manager. Since we don't have a permanent city manager at the moment, it left a it left a gray area. But imagine a situation where you're trying to appoint someone who's not already a city employee, >> right? >> Then you're talking about an employment
contract and advertising for an actual position, >> which we're trying to fill the permanent position anyway, actually. So, it's just, you know, the transition from me to Roz is very easy because we're both already employees. So that whole point of coming up with an employment contract
and advertising the position just makes it easier to pass it around the department directors who are obviously willing to fill the position as needed. >> So for clarification, there's not explicit language around an interim city manager, but there is language around an acting >> there. There is and and it's
specifically about when the city manager is not available, an acting city manager would be appointed from the department directors. We of course kind of created, you know, I think interim was thrown on the title
maybe my four times back ago. >> Yeah. Right. >> I've been the interim city manager multiple times. So, >> Commissioner Rich, would you like to see that better defined? Would you like >> Well, if we're going to say there are de facto acting, there's very specific requirements
for replacing Mr. Boglioli with M. Strong >> and we we did not adhere to those. So, do we want to follow the rules? Do we want to pretend it's this? And I just think if we're going to act in this area
and have people being cons compensated at a very high level and these positions, I you know, I'm not sure how we got from Mr. Boglioli to Ms. Strong. And um yes, I would like
clarification in that as to the duties and responsibilities of the commissioners as regards to succession. I'm not saying it has to happen now and certainly we should not have this discussion right now. It was suggestion at some point in the future. >> Mr. Bagot.
>> Sure. I actually pondered that issue um when this came up and when I dug into it that historically we've referred to the person as interim city manager or interim city attorney but when you look at our code in section
2-140 succession for city manager and department directors um it references the terminology acting um we have con when it came up I considered calling it acting city manager versus interim but
historically we have called this interim city manager and also in section 2-140 subsection B it says nothing in this section shall be deemed to preclude the city commission from appointing an acting city manager so it gives you the authority um I I I think acting and
interim are can be used interchangeably in this situation because there's an absence of interim in our code so we we based we made the decision to continue like we always have and called it interim because that's what we've done. I know that's what other cities uh do as
well and and that's I remember it happening at Port St. Lucy. So um that's that did come up but it's Commissioner Rich is right. It's not mentioned interim anywhere but it's acting. >> Thank you. >> Yes. So I' I'd like to say that my
understanding or the way that we've worked this is it's like acting for an interim period, the interim time period, but then we've still called it interim before the the title of the the the the position. So
but it's technically acting for an interim period. It's an interim period and it got all convoluted into one thing as interim city manager. But we really need to look at succession and um we have a big job ahead of us to get a new
city manager and we'll be looking at that in the future. Most cities have a city manager and an uh assistant city manager um or we at least have some departments that work very closely with the city manager so that
when they're something is happening they can always pitch in. Um, so we need to really look at that as a city in the future. >> Before I move on to item six, Clay, forgive me. I uh I ran right past your
your public comment. Do you want to offer it up now in between five and six? >> Whenever you have >> Let's go for it. >> We work for you, man. >> Oh, that sounds so nice. >> That's right. >> It's true. >> It's true.
>> It's true. Um, so Clay Sharer, um, Clay Treeman Sharer, actually, that's right. >> Um, 200 Southeast Four Winds Drive. So, during public comment, I I did want to to bring something to the attention of, uh, the commissioners. Good evening, by the way.
>> Um, it's a it's a concept that um originated from my participation in the the CRB and some discussions in the CRA. You're probably aware of the tree planting program that exists um through the CRA which is quite popular. Um so a
few of us um uh residents um have been gathering from from that concept around well how can we do that further into the city not just the CRA. Um and as uh this band of volunteers has uh gained some
some momentum um as any of you know who who have worked in a maybe a large corporation or perhaps in a in city government uh in hierarchal systems once you have a project name then you have a project. So um project shade maker as the team has
uh decided to um name it has picked up steam and um when you start thinking about how can we improve uh shade trees uh along rightways in in the city you then start to think about sidewalks pedestrian
utilities roads and so I just bring to your attention that um I know there's an ongoing effort obviously in Stipman Boulevard that neighborhood or stipman uh in that neighborhood, which is a great concept. And now folks are looking at 10th Street uh east of the CRA.
There's quite a few of us who are interested in in bringing that into the neighborhoods uh let's say uh south of Ocean um west of uh Monterey between Palm Beach Road and Monterey. It's all residential and it just makes sense uh
in many ways. But this sort of band of what I'm calling the bad news bearsers of of residents um um bring various expertise to the table. And so it's not it's it's cooked pretty well. It's actually well baked, I think, and it's ready for for you all to maybe consider
taking action on it or considering it whether it's a good idea or a bad idea. We don't really know what the process is, but um when the time comes, I hope that uh we're able to share some of these concepts for for your consideration. So, it's I don't want to call it just a tree planting program because it started from that but built
more into how do we make our neighborhoods more pedestrian friendly which involves uh shade, sidewalks, roadway, utilities, all that kind of stuff. So, thanks. >> So, you would function through the commission. So, you would work with your commissioners to bring it forward as an
item and iron it out potentially before it does because it's outside of the CR CRA. >> Correct. If you're looking at a city-wide initiative, it wouldn't go in front of the CRB. It would come >> Yeah, we wouldn't do it in the CRB. I guess we would So would you would you
recommend we you we did meet with um I guess uh the city manager which then of course changed to a different city manager and we we uh met with him and maybe we'll meet with another uh city manager but it's I think it's baked enough where it's it's really ready for you guys to think about it and whether the funding comes from >> you start sitting down with your
commissioners >> from the tree I mean from the halfsent sales tax around green infrastructure or not but maybe there's other ways to to fund it. So yeah, thanks for your concern. >> Okay. Yep. >> Thank you. >> That's okay. I I we normally don't make comment afterward. I'll we'll discuss it
later >> because it was again with funding and the water in those trees, but that's okay. >> Moving on to item six, budget amendment number one. will name >> resolution number 12-2026 a resolution of the city commission of
the city of Steuart Florida approving budget amendment number one for the short chain POS removal pilot study authorizing the use of funds from the water and sewer utility enterprise fund authorizing the city manager to execute a related task order with consulting
engineers inc and providing for an effective date Okay. Thank you. Well, good evening again, mayor, members of the commission, and members of the public. This item before you uh this evening is
uh it's resolution 12-2026, which approves budget amendment number one for the short chain POS removal pilot study at the city's water treatment plant. So, first and and most importantly,
the city's drinking water meets all current federal and state regulation. PFOS and PFAS POS remains below detection in finished water.
This item is not being brought forward because of a compliance issue or an emergency. As part of the EPA's unregulated contaminant monitoring rule, the city identified certain short-chain PFOS
compounds in the source water. While these compounds are not currently regulated at this time and at the same levels as PFOS and PFAS, regulatory expectations at both the federal and state level continue to
evolve. The purpose of this budget amendment is to take a proactive measured approach to collect data now so the city is not forced into a rushed or costly decision to make later on. The pilot study will
allow us to evaluate treatment performance, operational impacts, and potential costs under real world conditions at the water treatment plant. The requested budget amendment is in the amount of $323,93.40,
a sizable sum indeed, funded through water and sewer utility enterprise funds. The work will be completed under an existing professional services agreement and includes pilot testing, engineering
evaluation, and reporting. I would also like to add that we've currently the city has currently submitted a uh application for grant funding to fund a portion of this pilot study through the uh one lagoon or the Indian River
Lagoon Council and grant management services which are included in this the scope of work would only be utilized in the event that the city does get a grant funded through one lagoon. Any awarded funds would then be applied as
reimbursement to offset the the project costs. So I want to be very clear about where what this action is not intended to do. So it does not approve construction of a new water treatment facility. It does
not modify current operations and it does not commit the city to any future capital projects. Once the pilot study is completed, staff will return to the commission with results and the findings of how
successful or how successful the pilot study was, any alternatives and and cost information at which point the commission will determine the future direction to take for our water treatment in the city.
In short, this item positions the city to be ahead of the curve, to be ahead of any potential regulatory actions that are going to be required. It supports long-term planning and preserves full commission control
over future decisions. So with that, if the commission would like to have or pose any additional questions, any technical questions at this time, I have I have our consultant here uh to provide any any answers uh to
address any of your questions at this time. I'm here as well. So, thank you. >> Thank you, >> Vice Mayor. Uh Peter, um the total would be 323,000, correct?
>> That that is the total amount. Yes. >> For the pilot study. Yes. >> And then we're applying for a grant with Indian River Lagoon. >> Yes. >> And when did we apply for the grant? >> The grant was applied for just this this month. >> How much did we apply for or do we apply and then they tell us how much we get? >> Yes. Yes. We're not not quite sure what
the what the funds are. I've heard that it could be upwards to $100,000. >> Mhm. But uh with with that uh the application is in and we'll know within the next uh you know three or four months if if where if the grant is awarded to the city
>> now if if we move forward with this resolution what's Holtz construction engineers time frame for them to even start I guess >> well >> the reason I say that is would it make sense if there was a motion for this
resolution pending the outcome of the grant and then it come back in front of to the board to reauthorize it or that's not what you're >> we have to be proactive as possible with this. So, our consultant is ready to get started with the pilot study next month
which is in I would say by the middle of February to start setting up the the pilot testing uh certain resins, certain absorbent to see how effective they are in the removal of this this short chain POS. and and how many municipalities
have approved this resolution so far? >> That I do not know. Perhaps uh our consultant uh would be able to address this question and I have I have Dr. Will Leven. >> Awesome.
>> Welcome. >> Good evening. Hi, my name is Will Leven. I'm a consulting engineer with ACOM technical services. I serve as a process water treatment process engineer. And to your question as to other utilities, POS is a very hot issue in the drinking
water industry throughout Florida. The regulations, as you may be aware, for the long chain are at detection levels uh for PFOA and PFOS. So as part of the uh uh unregulated contaminant monitoring requirements and
rule uh we're looking now at shortchain uh uh POS compounds. So it that is a emerging constituent. There aren't many utilities looking at that specifically yet. Although those that are seeing it in this monitoring should be taking proactive steps as the city is
considering at this point. And and so this is a pilot program for you to look at data >> I'm assuming. So the pilot program I'm I look at it as a an evaluation to see how we can optimize the treatment to tailor
it towards these shorter chain POS compounds and looking at ways to use existing hardware to uh adapt the operation maybe changing the media and uh that to a media that is more amunable to the short chain compounds to give a
longer life and longer run time between uh media change out. The current media in the plant does provide the short chain removal although it's not as long as economically optimal. So we do think in our experience there are other media
that could perform much longer. >> Do you mind speaking to the cost of the media that we use currently? I think it'll give context for this. >> It's very expensive. >> Yeah. Well, currently we budget it's almost $1 million a year
to change out the media at the the water treatment plant in those ion exchange vessels. So, it's uh those costs just like with everything else will continue to to go up. Uh costs are going up every day just
about. So, uh, with with that said, uh, it's a it's a sizable it's sizable portion to budget for basically pre-treatment of our of our water, the groundwater. So, would this take the data and look at
filter alternatives then? Is that the end goal to remove it? Are there filters that exist that are on the market that I'm just trying to understand it >> in in a sense it it it will. Now, as far as a a filter, so basically it's it's a
it's a resin that's that's loaded into each of the ion exchange vessels over the water treatment plant. Now, obviously with a pilot study, it'll be on a much smaller scale, but what that will do is uh be able we'll be able to test various resins that or or
combinations of resins to see how effective they are with the removal of the short chain POS. Now, will this be tested before it gets sent to residents for drinking water? >> Absolutely. Nothing with this test is going to none of the water is going to be sent to the the residents at all.
>> So, it's all done at the water treatment center basically. >> That That's correct. And also, I I I do want to just state for the record that there were two production wells, superficial production wells, wells three and five where the short chain POS
was was uh found. Once we had the the lab results and we identified those two wells, those two wells were taken out of service. We're not we're not drawing water out of production wells three and five anymore. So, in answer to, you know, to I guess
the concerns that that may be out there, uh those two wells are the ones that where the short chain POS showed up. uh we targeted uh uh those two wells to to shut them down so that we basically
would effective we would effectively uh curtail any any of the P short chain POS that would get through the the treatment process. So it gets back to the the city has had a
long history with with the the longchain PAS going back 10 years ago and uh this is something new. We definitely want to be in a in a proactive position to address it headon.
After all, the city of Stewart was the first city in the state of Florida that actually had the the ion exchange pre-treatment system designed, permitted, and constructed and placed into service
in the entire state. And that whole process uh took a period of a little over three years from inception to placing the placing the the pre-treatment system in in service. Uh 3 years may seem to be a long amount of
time, but in the world of engineering and and certainly with with some new technology development, that's a remarkable remarkable short amount of time that that has had taken place. We want to be on the same cutting edge, if you will, as the city was 10 years ago
with the addressing the short chain POS. Same way, hit it headon and and just keep, you know, keep uh addressing it until we we find we find the right combination. that's going to take take the short chain POS out of our water. >> I'm thankful for you guys. This is uh
this is not an easy thing to do and to your point, you know, we have a history of dealing with this before anybody else does. We really are blessed here. Water is very important and we're not just saying that because it's what you should say from the dis. This is a difficult
situation where as the ability to even test for contaminants comes online, we're going to have to adapt in real time. And thank God we have that POA money to even be able to make these changes. So, I'm thankful for for you
guys and as soon as possible as we can test for new contaminants that you're going to be looking for solutions to get this filtered so that everybody here stays safe and we have the cleanest drinking water anywhere, you know. So, I'm thankful for that spirit with you guys. Who who was first? Was it
Commissioner Joby? >> I was. >> You want to fight to the death over who gets to >> No, I've had my >> I just had a clarification. If you want to go, go ahead. >> Since you're not You're going to be less than I am. Oh, well this is true. Okay. I just have a
clarification. So it's 330,000 for the pilot program for them to do the pilot. The 100,000 is a grant to cover the pilot program. Yes. >> Okay. Is there a grant available for when the final cost to switch over to the resin? Because that'll be a different cost. >> There very well may be. Okay. Uh the
main main thing with grants is to keep, you know, to keep looking for for new grants, grant opportunities, and that's something that we will continue to do. >> Okay. Thank you, Peter. And I also want to commend your department for being on top of all of this and for the safety of our
constituents. Thank you. >> Thank you. >> Should we be giving credit to some of the gentlemen in the department? >> Absolutely. >> Yes, of course. Without a doubt. >> All of the people. >> Would you drag them up here and please I'm very I'm very blessed to have to have I mean out outstanding people
within the UN department here at the city. So well to start start off with please do >> Mr. Michael Woodside our superintendent uh the water treatment plant >> no no Mr. Woodside. He was here 10 years
ago with the initial POS uh the challenges that the city faced >> and so he he saw firsthand everything that was involved and and certainly what what scrambling had to be done back back at that time because the regulations just tightened up practically within a
couple weeks where uh we we the city found themselves behind the the eightball so to speak in a short amount of time. So again, >> but but to your point, the city reacted before D or anybody else even said that it was truly an issue. We took the lead.
We didn't wait for the state to say, "Hey, this is not good. We preemptively started making those changes." >> That's correct. That's correct. >> Forgive me. >> Thank you. >> Staff did that. Yeah. >> Mike, >> great stuff. >> Sure. >> Thank you. Mike Woodside, water
treatment superintendent. And um as Peter said, I have the misfortune of being here since day one. Um the initial the initial UCMR3 testing, I was uh the lab analyst, so I actually
grabbed the samples to send to the lab. Uh we didn't know what we were looking at. Um 2015 when we got the second set of samples, I was a chief operator. Again, didn't know what we were looking at. Uh,
I got a call from DP. We got the samples in uh um July 2015 was the last set of UCMR3 samples. I got a call from DP in February of 2016 say, "Hey, you have
this stuff. We don't know what it is. You don't have to do anything." Two weeks later, you have this stuff. Something's coming down the road. We don't know what's coming. two weeks later you got a problem. So that was the sequence of events. So
with UCMR 5 uh we got our first set of samples for that in uh October. And when I saw the short chain PAS like okay deja vu all over again.
And so I sounded the alarm. I went to Peter told him what we found. um 20 uh 25 April, second set of samples, we found it. Again, the thing about this pilot study, it
does a couple of things. First and foremost, it puts us ahead of the curves. We're ahead of everyone, but second of all is we have to notify our customers that we found this stuff in the water. So, we did that with the 2024
uh water quality report. We have to do it again this year because we found it in 25 already. And I think it's best if we can tell our customers, hey, yes, we know we have this stuff. We're doing something about
it. Here's what we're doing. As opposed to just saying we're doing something. And so I think the sentiment on the day is is that we're going to move forward with this. And I hope I'm right
because we don't want to have to answer that. Well, you knew this so why didn't you do something? Um, when Peter mentioned earlier that we turned off wells three and five, the
offending wells, that's true. The problem is water moves underground. So, it'll move to other wells if we don't do something to try and recapture and contain that water. And so, with this pilot study, C >> can I interrupt you? Would you make I
think that's an important point is part of truly cleaning this up out of the groundwater is capturing it in these filters. >> Yes. >> It's not just overlooking it. We have to get this out of the water. >> We got to get it out. Yes. The the other thing is you you just as someone asked
Will if there are other utilities dealing with this. I spoke to a couple of utilities in Florida and one in Ohio and they all seem to have the wait and see approach even though they have concentrations
that are much higher than ours. The problem that I've learned with wait and see is we've had that here. Peter mentioned earlier that we were the first utility in Florida to put in the treatment system. Strangely enough, we weren't the only utility in Florida that
had a problem. So, when we put our system online, I've had utilities come from all over the state to see what we did and ask how we did it. Um, we're doing a resin change out tomorrow and I have a utility coming tomorrow to look at what we're doing and
how we're doing it. So, we're ahead of the curve. I'm proud of that. Um, I'd like to stay ahead of the curve because I remember being the lab tech and on the road. I'm in the convenience store and people would say, "Man, I love Steuart
Water. You guys are doing a great job." I haven't heard that since 2014 and I want it back. >> Thank you. >> Thank you. >> Are there other comments? Okay. Uh, Commissioner Clark.
>> Yes. With regard to resolution 12-26, I'm looking at section number two, which of the resolution, which reads, upon approval of the budget amendment number one, the city manager is authorized to execute a task or order with Holes
Consulting Engineers, Inc. for pilot testing, evaluation of treatment alternatives, and Indian River Lagoon grant support services in an amount not to exceed 32393.40 consistence with the city's existing
professional engineering services agreement. and we have the resolution, but the actual um pilot study timeline or something, you're going to be developing that or do we have a timeline of when it's going to be
done? >> Well, I could tell you that we're planning on starting in February. As far as when it's going to be completed, uh I could ask Dr. Levens if if he has a timeline in in mind. >> Good evening. Will Evans again. Yeah,
our proposed schedule for the pilot testing that we have scoped out is for a six-month duration. >> Of course, there is time to get equipment mobilized, a lot of logistics just to get things set up and the staff up and going with the operations. So, uh, you know, there's couple months
before that getting everything in place. And there's also time as well after the evaluation, get all the reports in from the labs, do the assessment, and submit the draft report to Peter and his staff. >> Thank you, sir. >> Jolie, are you still here? Can you confirm uh would you mind popping out
and confirming that this is >> Come on. Come on. >> Could you confirm that this is not uh coming out of the settlement money, but out of the um reserves? Oh, >> as I've advised the commission, there is
no settlement. >> So, um, this is coming out of water sewer reserves because you have an incredible finance director and there's plenty of money there. >> No one had any doubt. No one had any. >> That's true. >> Uh, Commissioner Rich, >> can I ask him a follow-up question?
>> Yes. If we were to receive the settlement, if >> would it be appropriate >> hypothetically if there was a settlement >> to buy to use either of the principal or the interest to pay for this type of project? >> Um yeah, I I think it would be smart money that if there was a settlement
amount that the interest would be used. It should be a significant amount of interest to fund the kind of operations. >> Right. This is exactly >> this is exactly what it >> we and why we have the responsibility to move forward and continue to stay in the vanguard. Yes. Okay. So
>> if there is a settlement in the future, those funds would be available for exactly this type of >> Okay. >> Thank you. >> All right. Are there any other comments >> from the >> I do have a public comment, but Oh, I'm sorry. We don't have a motion.
>> I don't think we have a motion. I don't think >> I I was just about to make a motion, but I didn't. Okay. and then we'll have public comment. >> Okay. >> Make a motion for resolution 1226, the city of the city commission of the city of Stewart approving the budget amendment number one for the shortterm
POS removal pilot study program. >> Second. >> All right, >> we have a motion and a second. Is there public comment on item number six? >> Yes, I have Robin Cartwright. Robin, >> good evening, commissioners. Robin Cartrite for the record. Um, I was glad
that you asked the question about the settlement, but now I'm a little confused because my question would have been, why are we not using the money from the settlement? I've asked previously the commission and the former city manager to please advise as to the settlement, the breakdown of it, when we would get it and what it could be used
for. But now it sounds like we don't have the settlement which was settled back in >> there is no settlement. >> Can someone from the commission and or the city attorney or the city finance director please advise as to why there was an announcement of a settlement then
if there is no settlement? tell you um >> to put a finer point on it, there are certain things like in legal issues, there's a cone of silence and like gag orders and since there has been no settlement officially filed with any
provider of the foam or POA stuff, the city has no legal settlement yet to comment on publicly or otherwise. what other individuals have made about the city's legal status in these cases
is um obviously a misstatement. I I understand what you're saying and I'm trying to tell you this is one of those things like did you ever see the movie Brewster's Millions? Okay, I use this analogy all the time.
I if if he had a certain amount of time to spend money, if he failed to do what he had to do, he would lose all the money >> versus he had a certain set of requirements and if he met those requirements, he would get the money in the end. >> So, the city of Stewart is not at
liberty to discuss a settlement which has not been finalized or legal yet. >> There is no settlement. >> Okay. Um, are there other public comments? >> I have no further public. >> Are there comments from commissioners? >> All right, seeing none, Mary, would you
call the role? >> Commissioner Rich, >> yes. >> Commissioner Gobi, >> yes. >> Commissioner Clark, >> yes. >> Vice Mayor Reid, >> yes. >> Mayor Collins, >> yes. >> Thank you very much. Item seven. Steuart Landings. >> Thank you department.
>> Thank you guys. Keep up the good work. >> Thank you so much. All right, just a reminder to the board. Are we taking a break? >> Let's take a 10-minute recess and then we'll get right back to it. You gone or you going
to stay? for yogurt. >> All right, we will reconvene the meeting. >> Cinnamon rolls. >> You have to if you like apple. >> So item number seven, Lee the best. Just want to remind the commission that
this is the second reading of this ordinance. Ordinance number 2545-2026. An ordinance of the city commission of the city of Steuart, Florida for a major amendment for lot number three of the Steuart Landings Roman numeral 2 commercial planned unit development.
Also being associated with lot number one and lot number two of the Stewart Landings Roman numeral 2 CPU. providing for an amendment to the master site plan for lot number three of the Steuart Landings Roman numeral 2 CPU to
accommodate a 470 square foot coffee rush convenience restaurant with two drive-thru facilities and the existing 2,845 ft Burger King restaurant and single drive-thru facility providing for an
amended uh development conditions a timetable for development and master site plan approval for a parcel of land located at 3991 Southeast Federal Highway, providing for conflict, providing for severability,
providing for an effective date, and for other purposes. >> Do the commissioners have any exparte communications to disclose? >> I had a conversation with the previous interimm >> manager. >> I did the same. I'm here with an open
mind. >> I'm here with an open mind. Um, I spoke with the applicant at the intermission at the last meeting very briefly. >> I have none and I'm here with an open mind. >> I have none. >> Will the development department Oh, forgive me. Direct uh city city
attorney, would you place everybody under oath? >> All right. >> Everybody's going to be testifying in this incident, please stand and raise your right hand. Do you affirm that the testimony that you're about to provide to be the truth, the whole truth, nothing but the truth? So, help you God. Seated. >> You may be seated.
Okay. Will the development department please provide a brief summary of the agenda item um including the location size of property, current zoning, zoning request, and list the applicant's request to deviate from the land use
development regulations. >> Thank you, mayor. Uh you did see the presentation last time. Do you want to see the complete presentation or just go over the two changes that were requested? Okay. Does the
applicant wish to speak or present? So, mayor, if I may, um the application at the last meeting, uh you had requested or or asked the applicant to consider larger trees, and the
applicant did take that comment back and um did upgrade the the the shade trees and to a larger uh shade tree from your your live oak was originally at 14. Now, it's at 16 feet planted. >> There you Um they did
>> they did change out some uh material from a um hold I have to go back to the sorry I have to go to my cheat sheet to the landscape. So they did uh the buttonwoods that were projected um they instead of 12 feet at planting they're doing them at four 14
feet at planting and they did change out like I said the myrtle the crate myrtles to an orange geigger and they'll be planted at 14 ft. that gives you a little bit more color. And then the Alexander Alexander palms from 12 12 feet to 14 feet in height. So they did
take coming your comments and and and uh did at your uh recommendation. Um and the other comment was the color. So they did mute the color from the gray to this earth tone that was requested that was recommended by the LPA board. >> Um so those are some of the changes that
were made. Also, um we went back and looked at the outdoor seating as, uh Vice Mayor Reid wanted to confirm the size. So, after reviewing the outdoor seating, um this one right now is not being proposed with any outdoor seating. The traffic report did not capture the
outdoor seating. So if they are proposing any type of tables with outdoor seating, they'll have to come back for with an amendment to the city to get the site plan amended showing that outdoor seating and upgrade update the uh the uh study.
>> Those are the changes that has happened since the last presentation. >> Okay. >> I'm sorry. Could I just ask for clarification on that? >> I I I may not have understood. So, right now they're not asking for outdoor seating, but they're looking to come back once this has been approved with an
amendment. >> So, no. So, uh at the last meeting um at the the January 12th meeting, Comm uh Vice Mayor Reid had stated that he wanted to know the overall size of the outdoor seating area and then what's what did that look like and because it
showed like 700 square feet and I think it was um had some concerns about that. So, in talking with the applicant and going back and looking at the um outdoor seating requirements, um this particular area is not proposing any outdoor seating um which means like a tables
with umbrellas and everything um because the uh traffic report did not allocate any outdoor seating. Um so, if they want to in the future have outdoor seating, they will have to do an amendment uh administrative amendment to propose that outdoor seating and update their traffic study. And that condition has been added
into the um ordinance as well. Okay. And I just have one more question because I'm not very When the they have two lanes, >> they do. Yes. >> Right. Are both lanes Yeah, they're going Okay. So, they're not both exiting onto federal highway?
>> No, they will be exiting an internal roadway. >> Okay. Thank you. >> Thank you, Jody. >> Do the other locations have that 700 roughly 700 square feet of outdoor seating?
>> What? Uh we don't have another proposed location right now. There is an application house for another location, but the city of Stewart does not have a outdoor seating. Uh if you're referring to the one in Oregon, >> the other coffee rushes, >> uh this is the one in Oregon that shows
today. Um and I will have to to rely on to the uh applicants. Uh representative, >> Jason Gunther, Thomas Engineering. >> Um the 700 foot outdoor seating uh was based on a queue. We did a queuing analysis to show how our drive-through facilities work. Queuing analysis was
done from other stores and I believe that's um queuing analysis was taken that showed the 700 foot of outdoor seating from a proposed store in Port St. Lucy. We are not proposing any outdoor seating at this particular location. So the reference to the 700 foot was for
the store for a queuing analysis that is not this location. It was representative of a similar store at a different location. Did it also include a like a walk up window though? >> They all include walk up windows. >> It does have a walk up window but no not anywhere to sit.
>> Correct. Over 90% of the business of coffee rush is drive-thru. They do have a walk up window for someone who's riding on a bike or or in the neighborhood or may work at the adjacent retail store and wants a cup of coffee. I I'm a little disappointed to hear that there's no outdoor seating because I do
think that already this sort of thing is a little bit transactional for Steuart. I think um you know >> mayor they could um if if I may they could uh go ahead and add the outdoor seating and update their traffic report administratively if that's the will of the board. >> That would be what I would like to see
is that there's somewhere for people to sit so it's not purely just driving through and and getting coffee. That's my my >> So if we could amend the motion because there's an there's an condition of approval into the ordinance that was added saying that they would have to come back as administrative order. If that you could amend that that if we
could amend that condition just to state that they will work with staff um and to uh provide outdoor seating as part of this approval process. >> Okay, >> we we can live with that. >> Okay. >> For for the record, there is no indoor
seating either proposed. It's the business model isn't to actually drink on premises, but >> we're we're amendable to that condition. >> Nice umbrella. >> We are in Florida, so not like Colorado. There are times you could sit outside here. >> Uh did you want to present? This would
be the opportunity for you to speak generally to the project or specific >> um we were happy with the presentation that staff gave last time on test. >> Do commissioners have any questions for the applicant >> beyond what we already asked? Okay. Okay. Yes, sir.
>> Um, with the the queuing, is it is it typical to have um drive-throughs in opposite directions or was it specifically designed to fit like this site plan >> or I'll answer that from my experience first, but no, in my experience, it's
not typical of other >> um we we do Chick-fil-As, McDonald's, other stores you've seen before. It's not a typical design. I think it's fairly unique to Coffee Rush's model and it has worked for them. Um, they don't have menu boards like other um, uh,
restaurants have. So, it's it's drive right up to the window and go. It's a very fast process and the two windows with that fast process is actually um, part of their business model. I think it's convenience for the customer >> directions. It's part of the business model. >> Yes. >> So, because the driver needs to be at
the on the window side, so it can't work both flowing the same direction. Otherwise, you'd have to reach across your car on one side to get to pay and get your money or get your coffee. Excuse me. >> Checkers and Stewart flows the same direction. >> Yeah, because that's was my question because now you have both lanes coming
out onto one. >> I was just curious. I've never seen it before. So, >> they don't and with our technical deviation, I'd just like to point out the code requires six queuing spaces. My understanding is that's contemplating >> every other drive-thru is a is a one drive-thru where you have six cing
spaces. We have two and we're providing a total of eight albeit four in each lane. So the deviation is four. We don't have six in a single lane, but we do exceed the overall number of providing eight instead of the six. >> And in your experience, this will be plenty to not cause a backup. Uh based
on the queuing analysis we provided, there was never witnessed any more than five cars total in at the store. So we >> make it really popular. You never know. >> We we >> we'd love it to be >> That's right. >> busy a problem. That's a good problem. Okay.
>> Yes. >> So we just opened a store in Fort Myers, so I'm there working every day. It's my family's business. >> Great. >> We get cars in like in and out under a minute. So we take their orders in line a lot of times. will walk up to you like a human, >> take your order, >> and then we'll have your coffee ready at
the window. It's not transactional at all. We're so genuine. That's like my parents mission, too. >> Not I didn't mean to be disrespectful. >> No, no, no. I totally get it. I mean, drive-thru can be very impersonal. >> My hope is that there's a place where two people can sit and talk like, you
know, it's not just in Oregon do have that. >> So, I hope to see that here if it's the will of our commission that that there is somewhere to sit. traffic because I get to talk to them for a while. >> Fantastic. >> Very fun for me. >> Good. Fantastic. Okay. So, do I have any other >> I had a question? Yes. Commissioner,
>> I just from the last um meeting. It was my understanding some people were concerned about you don't have one. You're basically you're going out to take the orders or they're coming up to the window to take the orders. So, there's no microphone blasting. You know, I want two coffees and a donut to go. Okay. Yeah. That was a concern for
people because you open early. I mean >> we open up >> right so at 5 a.m. that >> we open at 5 am Monday through >> Okay. >> Thank you. >> Okay. Does the petitioner wish to offer any additional information before
concluding its presentation? Speak now. I forever hold your peace. Okay. The presentation of evidence has ended and the hearing is closed. Does any member of the public wish to make a comment?
Seeing none. All right. There's no additional and forgive me, I'm still getting used to the yellow sheet. There's no additional uh remarks, right? Nobody's got any additional remarks. Okay. So now I would be seeking
a motion, >> Mr. Mayor. Mhm. >> With regard to ordinance number 2545 202 26 move approval of staff's recommendation including the recommendation that if they do want to do outdoor seating it would be brought
to staff and it would be approved administratively through the development department. >> Can I caveat that a little bit that it would include >> it will >> the outdoor seating and that that could be done administratively? >> Yes. >> Yes. Okay. without obtaining a separate application through this process.
>> Okay, perfect. >> Yes, I'll second the motion. >> A second. Okay. >> Do you do we have clarification on the motion? >> Yes. >> Perfect. All right. Are there comments from commissioners? >> I think your website's very nicely laid
out. By the way, I'm I'm not a coffee drinker myself, but >> yeah, >> I I think it's very nice like na Yeah. to navigate it. It's actually very clean. Hey. >> Um, some websites are are very difficult.
>> Um, and the options are there, at least from the website. I haven't tried like mobile or anything like that, but the website's nice. >> There you go. There you go. >> It's very nice. >> Well done. Okay, let's record the vote. Mary, >> Mayor Collins, >> yes. >> Commissioner Gio,
>> yes. >> Commissioner Clark, >> yes. >> Vice Mayor Reid, >> yes. >> Commissioner Rich, >> yes. >> All right, guys. >> Thank you. Looking forward to a cortado with honey. >> Mr. Mayor, >> Mr. Mayor. >> Fantastic. Yes. >> Yes, sir.
>> In light of the fact that the next two items are first reading, so we'll get another I'll get another bite at that apple. And then the final two items are DNDs. Uh I would ask that I be allowed to leave and get on my way to Tallahassee to represent the interest of
the city of Stewart for your effort. I just want to say having attended the enormous boat show, the Steuart boat show, I'm fully in favor of the application for the grant. It has nothing to do with Bright Line. It has to do with the ability our voters to get from that side of the bridge to this
side. >> Absolutely. >> Because it's a problem. So, I hope we're successful with that. And >> All right, Commissioner Rich. Travel Travel safely and safety. >> Be safe. >> If you're falling asleep, just >> just call call Lewis. Call Jolie.
Milton. >> And where do you get a cup of coffee at this point? >> He'll be up. He'll be up. Don't worry. He'll be up. Okay. So, moving on to I'll give you a second to pack up. I won't just deal like that. >> All right. All right. Godspeed, good
sir. >> Be careful on the road. Item eight, code amendment adding language to reasonable accommoded. This is the first reading of this ordinance. Ordinance number 2547-2026,
an ordinance of the city commission of the city of Steuart, Florida, amending section 8.07.07 07 of the city's land development code in compliance with recently enacted legislation, Senate Bill 954 providing for conflict, providing for
cotification, providing for an effective date and for other purposes. Florida Senate Bill 954 is an act related relating to certified recovery residences and it was adopted and became effective on July 1st. And in Senate Bill 954, the mun
municipalities are required to adopt an ordinance establishing a process for requesting reasonable accommodations which are consistent with the Fair Housing Act of 1988 and title two of the Americans Disability Act. Uh although the city already had um a a process in
place in section 8.07.07 of the uh city's land development code. Uh there were still some stuff that were identified in Senate Bill 954 that it was my opinion needed to be added. While we were in there, I felt personally that
I needed to draft some edits to the code uh that would kind of spruce it up. So I'll be happy to go through some of these with you. So in section subsection A I had added in some additional language and the only
thing I added in there was identifying and citing um to the appropriate statutory citations for the fair housing act and also to the title two of the Americans with Disability Act. In the previous code we mentioned FHA or Fair
Housing Act and we also mentioned ADA but we never actually defined what those were earlier in the in the code. So, I just wanted to be a little bit more clear on that. Um, in subsection, uh, C,
um, and I had my opinion of just kind of clarifying who the request for reasonable accommodation shall be submitted to, and I said that it would be submitted to the city attorney's office. Uh, I've had a couple of these since I've been here, so they were just confused on where they send it to because our code wasn't very clear on
it. Um, our code NC subsection 2 already had some criteria. However, Senate Bill 954 also required that we add that they are responsible for identifying the parcel identification number. That was not in our code and the the statute required
that. In addition, in subsection C, I added upon receipt, the city shall date stamp the written request for accommodation. Senate Bill 954 required that we have that in there. I will say that we have a habit of doing that regardless. the U city clerk would stamp
stuff when they come in. However, I'm just adding it to the code. Um, in the next subsection C4, uh, talks about, um, you know, this is, uh, to accommodate for the Americans with
Disability Act. So, some applicants might need to present medical information or do medical records saying this is why I need a reasonable accommodation. Um, some of that would be confidential. So, I put in a mechanism on how to keep this confidential and it it just it
wasn't required by Senate Bill 954, but I felt that it need we needed to have something in there addressing it. Um, subsection D um 95 Senate Bill 954 required that we have time limits on when to respond to these applications
and so I added that um the initial response is 30 days. If we're requesting um additional information, we need to do that within 30 days. A final decision or determination by the city is required to be within 60 days and that is also spelled out in Senate Bill 954. So I put
that information in there and then in subsection G under appeals um I I put in more information about an appella process. We talked about the magistrate earlier and so an appeal from
uh the city attorney's u administrative uh determination could be appealed to the magistrate initially and then ultimately to the uh to the court system. So I just spelled out some timelines and all that's not required by Senate Bill 954 but I added it as my
recommendation. Um subsection H which would be revocation of an approved reasonable accommodation. So, Senate Bill 954 allows that we can put some of this uh in there, but it doesn't require it. But since it allows
it, I put in some information. You know, if if the city manager would have the authority to revoke uh a request if, for example, the applicant provided false or misleading information. Um the property subject to the request for reasonable accommodation has been found to be in
violation of the conditions of approval of issued by the city and any applicable state or federal certification has expired. They're they're required to have um in the statute uh for a certified recovery to have certain uh lensures and and so
forth. So if they lose their lensure that would be a reason to revoke the reasonable accommodation. Um let's see here. I also put in there an appellet process on the revocation. So if we if the city manager decides to revoke for one of
those reasons, there's an appellet procedure through the city magistrate and then ultimately the court system. U this was allowed in Senate Bill 954, but um so I went ahead and added it to it and uh provided the process
uh for appeal. Uh, so I put in here in subsection I that the reasonable accommodation shall be valid for one year and each year the applicant has to renew it. Reason why I put that in there, this is not required by Senate Bill 954, but I placed that in there because otherwise it kind of left
in unopen indefinitely. We don't want someone having an indefinite approval. So this requires them that they still need an accommodation on a yearly basis. And last but not least, uh section J, u that there would be no fee in connection with them making a request for
reasonable accommodation. In addition, I spell out that the city is not going to be obligated to pay any of the applicants attorney's fees if they choose to have an attorney uh hire an attorney to go through that process. This again was not required by Senate
Bill 954. I just felt that that needed to be in our code. And that uh ends the proposed uh additions to the uh section 8.07.07. Again, as I mentioned at the beginning of this uh public hearing, this is the first reading. So, I'm looking for a
motion to transmit this to second reading and it'll come back to you at the next commission meeting. >> Vice Mayor. >> Yes. For clarification, the So, this is for recovery residences inside the city, correct?
U well the Senate bill Senate What's that? >> Is it half is like a halfway house? >> Yeah. >> Um so this the the Senate bill 954 dealt with certified recovery residences. Okay. Um this is our reason request for
reasonable accommodation which most most of the time we've gotten a request for reasonable accommodation. It is for um what you certified recovery residents. Um if you recall the clarity point our uh rpud, we had the um detox
facility in recovery residential home that brought forth um a a development application which was denied. They then went through this reasonable accommodation process. So um when I went through that process with them, that's where I thought some of these needed to be cleaned up. That is not mentioned by
954. But this uh honestly u I know chickens have come up when I worked for the city of Port St. Lucy, people were asking for reasonable accommodations to allow chickens in their backyard under the so it could apply to other things, but Senate Bill 954 that the purpose of why I brought this is brought this forward was because it dealt with
certified recovery residences, which is one of the reasons that you have this reasonable accommodation procedure in place. >> Commissioner Gobi. >> Yes. Um, city attorney. >> Yes. question is um these type of
facilities quite often get bought over by another facility or whatever. Do we have anything that each time that happens or they consolidate with someone else that they would have to reapply? I mean, as you said, so it doesn't really just continue their approval. >> They would have to do it every year anyway.
>> Regardless if it changes over if it's the same I I feel that a year is enough time. >> It's an annual something. >> Commissioner Clark. >> Yes, sir. Thank you. Um, attorney Maggot,
uh, is that resolution number 2547-2026? >> Uh, this is an ordinance. >> First reading. So, I'm looking. >> Yeah. Okay. >> Looking for a motion to transmit it to second reading. >> Okay. Just Okay. So, I just have a question. >> Sure. on the fourth line or so the warehouse clause.
I I don't know if I'm missing something, but normally I thought when we have the LPA or any other um group that we would say either they vote to recommend or even put their vote or something, we just said the LPA held a duly notice
public hearing to consider the ordinance, but we didn't really say anything. >> Right. It it's my recol recollection that they recommended to adopt the the changes. >> Okay. I think >> correct on that, city clerk. Do you remember? >> So I think
>> I'll be happy to add that in the whereas the third whereas clause you're right. It doesn't indicate whether they voted in recommendation, but I believe that there was a recommendation. >> Yeah. And I lost my spot now. >> And there's nobody here from >> there was Sue say is the board
secretary. >> All right. It was >> so the deputy city clerk just uh noted that there was a a vote a majority vote to recommend the approval the amendments to this code to you guys >> and >> and I'll be happy to add that to the warehouse clause if you want.
>> This is the first reading. I thought that we were just going to say pass it on to the next >> transmit. >> He's looking for >> I'm looking for what's called a motion to transmit it to second >> reading to the second reading. May please make that amendment. That's my
motion. I'll second the motion. >> Is there any public comment on the motion? >> Seeing none, vice mayor. >> Yeah. >> Yes. Correct me if I'm wrong, Lee. And just so the public's aware, uh, the state is requiring us to adopt this ordinance. Correct. Parts of it.
>> Well, we already had this. We already had this code of ordinances. Okay. There were certain things that I pointed out that Senate Bill 954 requires that we have. And first off, Senate Bill 954 requires that you put if you don't have one, you got to adopt one. We already
had one. >> So, there was some things about our code that was mentioned in Senate Bill 954 that we don't have in our code. They're very small and just a select few. And there were other things that I've learned as being the city attorney that
we should probably have that in there, too. that's not required by Senate Bill 954 that I wanted to clean up in our code. >> So, you met their bare minimum for this Senate bill and then went above and beyond as well. >> Correct. Right. >> Thank you. >> Yep. >> Commissioner Clark. >> Mr. Mayor. >> Yes, ma'am.
>> Thank you. Um Mr. um baggot. Um, under item number two, it has a capital H and then there's a big I afterwards like I don't know if it's a capital I or Roman numeral like they're
different fund f fund types but whatever it is this question has come up before as to when we approve something and the city manager moves forward and does something we say well they never came back to the city commission with this
thing this particular particular um ordinance clearly states on the revocation of an approved reasonable accommodation request, the city manager may initiate an action to revoke and there are lots of other um guidelines all the way to three four that refers to
the city manager and plus in terms of um language preparation I see again where what I thought was an I a big I and then there's an I J down there. So just to make sure that it's
flowing in the um delet the the notation of the the paragraphs that we have it um correct. Did you see what I'm saying, Mr. Bagot? >> So >> two where it says age two three H then
big I then there's a little um I and then double I then there's afterward >> the sub. Yeah, the sub. Then there's a big I then there's a sub. Is that a sub under four that says I J? And then there's one up here. >> If you go up, you'll see that there's an
H. >> So section. >> Yeah, they're just that's H. >> That's number one under H. Go down and I >> that's a one. >> And then what's this other one? >> This is I. It comes after the H. >> But they're lower Roman numerals one. >> So you got
>> there was a print difference in that H. So under 8.07.07 >> I'm not drafting this completely new. It's already put in the code and they have subsections A B C D E F G
>> and the H should be a >> and and H G H >> okay >> I J H I J is what I'm adding. So H >> right the H needs to be >> on now each of each of the alphabetical
subsections have regular numbers 1 2 3 4 etc. And under H we do have H 1 2 3 and four also similarly like we have in other subsections but we had to go further. So we have under H1 we have
lowercase Roman numeral one, lowercase Roman numeral 2, >> lowercase Roman numeral 3, and then lowercase Roman numeral 4 because we have the four reasons why a manager could initiate to revoke the prior approval. >> All right. So if the H is changed from
italics to a regular H and then it's it's the pageionation. It's a pageionation that messed it up. Well, that's okay. We're good. >> Okay. >> Pagionation and want. Thank you.
>> So, the motion is to move it forward. Are you second? >> Yes. >> Yes. Thank you. >> Okay. >> I don't think there was any public >> no public comment. Commissioners, any other comments from you guys? >> Seeing none, Mary, would you call the role? >> Sure. >> Vice Mayor Reid? >> Yes.
>> Mayor Collins? >> Yes. >> Commissioner Gio? Yes, >> Commissioner Clark. >> Yes, >> I didn't say, but I appreciate you buttoning that up. >> Sure. >> That up for us. >> I I I probably wouldn't have normally just come up to do some of those changes, but since we already had to make changes anyway, I thought it was a
good time. >> Thank you. >> You're the man. Okay, so moving on to item nine, dissolution of East Stewart, the East Stewart Historical Committee.
>> Okay. And again, this is the first reading of this ordinance. So I'll be looking for a motion to transmit it to second reading as well. So, ordinance number 2548-2026, an ordinance of the city of Steuart, Florida, amending part two, chapter 2,
administration, article 3, boards, committees, and commissions. Division one, section 2-28 and division division 7 East Stewart Historical Advisory Committee sections 2-118
through 2-121 of the city of Stewart's code of ordinances by removing certain provisions related to the East Stewart Historical Committee due to dissolution, providing for the repeal of prior ordinances and resolutions, providing for cotification, providing for
severability, providing for an effective date and for other purposes. And I apologize for that t title, but it's a lot of different subsections in the code. Um, the city commission u under chap chapter 166 of the Florida statute,
the city commission is authorized to establish and adopt ordinances which are intended to serve and protect public benefit to the residents and visitors of the city of Stewart. Part one, article four of the city's charter permits the city commission to create and establish
boards and committees to serve at the pleasure of the city commission. And the city commission has the inherent authority to create advisory board to provide assistance to the community redevelopment agency i.e. the CRA. The ES Stewart Historical Advisory Committee that we've also referred to as
ESHACK was originally created by the CRA for the purpose of making recommendations related to the history and culture of the east historic East Stewart community. The ESHAC provided valuable insight regarding the founding residents and their contributions to the East Stewart area, including evaluating
and recommending art and public places and recommendations for the integration of design components into the Martin Luther King Jr. streetscape improvements and Guy Davis Community Park improvements project. On February 13, 2023, via resolution number 11-2023,
the city commission found that the continuation of the ESHAC provided a public benefit to the community and created and ratified the ESHAC to continue as an advisory board. In 2024, via ordinance 2525-2024, the city commission added the ESHAK's
bylaws to the city's code of ordinances and um to the various sections that I've already read through in the title. I'm not going to repeat it for sake of time. Throughout the year of 2025, however, the ESHAC had no meetings. They were not held because there was no need for its
assistance. As a as a result, the city commission has requested that the ESHAC be dissolved in the city's code of ordinances, the sections that I've already identified, uh um the the ordinance proposed here is removing mentions of the ESHAC in its
entirety. Normally, you could do it by resolution, but because we adopted all of the bylaws for all the advisory boards into our code of ordinances, we have to do an ordinance removing the language pertaining to the ESHAC out of our out of our code. So that's why we have to have an amendment to the
ordinance and and having a first and second reading. So again, I'm looking for u a motion to transmit this to second reading and we'll come back at the next agenda or next commission meeting to have the second reading. >> I'll make a motion to move ordinance
number 2548 2026 forward to the next second to the second reading. Is there a second? Do we have a second? We have a motion. Is there a second? >> I'll second it for discussion purposes. >> Um, is there any public comment on
this item? >> I have no public, >> Vice Mayor. >> Yeah, my my my thoughts on this are If if we were going to do anything, one, I'd ask the advisory board members, and I I think there was some confusion, I
think, on why the board was established, what the goals and objectives were, and also we're also not done with the streetscape on MLK or the Guy Davis Park improvements. So, if we were going to do anything, I'd have like a sunshine date pertaining to those two items in
particular, just because they're not finished. I know all I believe said they were 60% designed for the streetscape on MLK. Um, but those are my thoughts on it. I think it's hard to gather a 100 years of
history in two years, but I understand why it's being discussed because of the whole sunshine. Like we're very familiar with sunshine. Um, and you know, is is it a benefit by having the board with the liability with the
sunshine laws? I don't know if Lee can touch on what could potentially happen if there are sunshine violations from advisory board members. Lee, >> I don't have firsthand knowledge. I was just hearing this hearsay. >> Yeah. >> But my understanding is some of the
advisory board members on the ESHAC were concerned. they they wanted to meet, you know, in a in a informal setting to discuss stuff at East Stewart. And because they were on the same advisory board, the ESHACK, they could be violating sunshine by engaging in those conversations if more than one person
from the board is present. So, I think you're wanting to have community involvement and it and especially when they don't meet for a whole year. So I I we were getting guidance to dissolve because it appeared that what the
initial need has is no longer the case is it's they they've gone through those those two projects the the streetscape and the park. And I I don't know if there are any other issues that will come up in the future. I'm not sure. But I think that's why if that helps discuss
>> the issues of the the the sunshine the advisory board members >> didn't want to violate the law. >> Yeah. And and like reality is there a true like is there damages I guess for advisory boards with sunshine? I know there's if if I do it I get in big big
trouble. >> They could too. It's a crime. >> Advisory board use the same weight. >> It's a crime in Florida statute. Anybody who's >> Yes. and a fine >> is an extension of us, >> right? >> falls in that same >> anybody that's performing that's been
>> like a subordinate role has been given to them that authority through us. >> So So in theory, I mean the board members could almost accomplish the same thing if they held a meeting here without even having it ashack board. C >> can I give context to this? >> Yeah. Yeah. >> I was talking to Albert about this too.
I I think what the the goal is truly is to have like a NAC like an advis neighborhood advisory committee >> and they can do that without the city though. >> There was frustration that they can't meet we don't have any meetings scheduled for them. It's just sort of a liability and to my understanding that's
already starting to happen is you know their their ability to get together and start to hash things out to ultimately bring to us if there is an issue. But like the streetscape may or may not even, you know, have anything to do with Eshach because there's no historical
>> information to procure out of, you know, so is this kind of putting people in a position where they're >> at risk. >> Yeah. >> With no upside, >> you know, >> I'm torn, I guess. Like
>> I see some board members. I don't I I I hope uh the discussion's good at least by us doing this. So the board members are familiar with with what's going on. I don't know if the board members are familiar with an NAC board that is trying to be created in East Stewart or
if that's the first you've heard of it. I don't know. >> They have too. >> The difference would be instead of us putting people on a board to represent E Stewart, E Stewart could decide who is involved in that board on their own.
>> They wouldn't be subject to us. Uh and then ultimately that group could bring to us their uh thoughts for policy or whatever we're doing, you know, because that was one of the frustrations too is is is everybody who's even on this board
living in East Stewart, you know, so that would not be it would be outside of the city. >> I'm gonna because I spoke to Mrs. Franklin. Yes. Um, and just to let you know, uh, Commissioner Reid, back in October, November, I spoke to Mrs.
Brinkley, and I've also spoken to Mr. Brinkley. Um, and would give them a larger scope if they were a committee of a community committee rather than something that comes under the sunshine under the guidance of this commission. And I think the mayor and myself have
offered to help them set up these this committee, which would have a wider scope for them. And you could not only address the issues with the historical society, you could also address other issues within the community that you could bring together as a group to the commission >> and you all can set your own schedule,
talk about the things you want to speak about and not have to be directed by us as to when to meet and what you can say. >> Right. >> Okay. I think that um when we created the historical advisor committee, it had
very discreet task. It's there in the ordinance and yes um it's difficult for the members as it is difficult for us or anybody who uh uh operates in a sunshine committee. Um and it's something that
needs to get used to the fact that they didn't have a meeting during um 2025. I know that they had prepared and they were had staff was working on the website and gathering information. There's more information that's continuous and still needs to be
gathered. That is one concern. However, I think it can be done in in other um ways. And then um if there's a a will to move forward and keep the committee, if we can keep it and people operate in the sunshine,
fine. Other than that, I think they still need an official voice. I know that we're saying they can go off and do their own. Traditionally in East Stewart, there has been concerned citizens of East Stewart and they've been around a long time. I think during
Mr. Chris's time, I don't know how active they are or how official they are as a form Florida um corporation or as a um 501c corporation. I don't think that they are. But there's ACES. ACES is
African-American um citizens of East Stewart that is a viable, very active, good organization and they have been working with the community and they have a 501c3 and they can provide leadership and and
work with the community. if the community wants to form another group again um and to bring ideas to our commission or ideas for the for the community. I know that I've had lots of um town hall meetings in East Stewart
area and um even though sometimes they're some are productive, some may not be as productive. I think the last couple of years we've spent a lot of time with the with the um the zoning changes um when we were we we were
working with that. But I I just think that ACES is there and if new groups need to be formed, but we have members of the the actual committee here um that can speak up and if it's a if it's about
money, if we have to advertise a meeting and people come to a meeting and still speak because they're gathering data and they just want to sit around a table and talk about something or how they would approach a vignette or how they would approach approach gathering video
information then that's something that can be advertised and they can sit and do that. They did change leadership on the committee and I think that that kind of created a little bit of a momentum change with the committee in 24 and then
of course in 25 like you said we didn't have a meeting and maybe um I was working closely with them and with Pinal and I think that we were Jordan and Pinal were gathering information and working on their part and the committee had done their part.
We just need to know if if it's the will of the community to maybe continue with this. But again, if the sunshine is an issue and there was issues about if people live in the community consistently or if they just have property or have a history in the
community or if they um uh if they're, you know, if they need to be a a part of the of the comm of the um of the committee. So that's um that's it. But I think if we we look there's no
lack of uh community groups. The churches are there. The um ACES is there as a community group and if people want to form an individual group on their own um it can be done but people still need to have I think this committee this
committee saw themselves as a voice that was coming directly to the city. I think some people misconstrued what they should be bringing or what they should be doing, but there's no misconring what the ordinance asked people to do. It was stated in the ordinance, what the purpose of the
committee was. >> Vice Mayor, >> I was just seeing if any of the board members that sit on that board had any comment on anything that we've discussed, >> but right now Harvey, >> there's a motion on a floor on the floor to transmit it to the next
>> meeting. Oh, what's up? >> You can fill out a green. Sorry, >> mayor. Sorry. >> Philip Harvey, citizen of Martin County. Um, I was on that committee and when I got on, I was told that we was going to
be dealing with history and, uh, I found out it was not. because we could not communicate. And now that I hear some of the reasons why uh and I hope that you all give these two a community opportunity to work
together in a uh in an organized manner so that we can accomplish some of the historical elements that took place in the east community, how it helped Martin County grow, Stewart, Florida grow. And uh we just need your help and a little
bit of guidance to keep us going. >> And there are several commissioners here who have offered to help other than under the city limits to be able to help you set up the committees you the committee you need and how to make the scope larger for the whole community and still include the historic piece.
>> Okay. Well, we're we're willing to work with you. any could I ask? >> I I appreciate it, Phil. Okay. >> And like I said, I plan on doing town halls as well every quarter. >> I did one um recently at 10th Street. Um
I'm going to try to do one once a quarter, >> okay? >> And I'll bounce back and forth and I'm pretty easy to get a hold of. Um some people have my cell number, >> but just take the sunshine law out of it because that scares people >> because we can't communicate. >> Scares me. Why do you think I don't talk
to anyone up here? >> They're all blocked, by the way. >> Cuz I've been accused of communicating with certain board members and I've proved it time after time that they're blocked. >> Um and and yes, I've been in that position and it has been by online
bloggers is what I call them. Um and it's disgraceful because I take this position very seriously. Why would I put my reputation being, you know, Martin County local as well, be thrown in jail or prison for violating sunshine? That would be silly
on my part for $18,000 a year. >> That's not worth it to me. >> Yeah. >> Um, so I don't know if any other board members have comments that sit on the board currently, >> but thank you, Phil. >> We do have another comment.
Good evening. My name is Pearly Clark and I was here. Sorry about that. I'm going to say this. I prefer, just me personally, prefer if we have a
neighborhood advisory group. I would love to see our community work together without depending on others so heavily and make decision about our own uh community. There are
things that we would like to do that we can do on our own. Fix up the place, clean up the place. But we can do that. But we know where to go if we need support.
So the sunshine law is is bad because my neighbors are on the committee and we talk and we talk before we got on the committee. >> Yeah. >> So that would be a burden for us. But this is my uh my thought. I prefer not
to be on the committee. Thank you, Pearly. And for anyone that wants my cell number, if you want to write it down, you can call me. It's 772-2474772. >> Dr. Grant, do you have anything? I know that you had acted as did you act as a leader. Miss, I'd like you to come up,
Dr. Grant. Kim Grant. Um, I didn't serve too long. I came in on the tail end of the I like the concept. I like the idea of having voices of East Stewart. I guess I came in and I was not quite
clear on the purpose. I thought we would have more bite. So with the history I agree with we need to preserve the history of East Stewart. I just I'm concerned that as a neighborhood advisory council the impact
that we would have if we came to you with different um ideas or suggestions, how would it be brushed off or would it be taken to heart and and listened to? So,
I just I want something that's going to reflect the community and where the commissioners are actually going to listen and hear what we're coming to you with and not take it lightly,
actually put some time in. So, I like the town halls. I was not able to attend the last one, but to actively participate in East Tour, get to know the residents and take our concerns to heart. So, that's what I'd like to see.
I'm not sure if that'll be done through the East Store advisory committee or if it's the neighborhood, whatever is going to be more effective. >> Did somebody want to address that? >> What was that? >> She's not In other words, I don't know
that she realizes they would be making up their committee and deciding who's on it and how to approach us. >> Yeah, it would it wouldn't wouldn't be a sanctioned we Okay, so I made up the neighborhood advisory committee for the county through the CRA
a long time ago when we were working on those. They have one in Solerno, Jensen Beach, whatever. All these communities have a NAC and so if they want to have an NA NAC with guidelines and deal with procedures but it's not something that would be sanctioned through us they
would have to make it up as their own nonprofit group do whatever and that's why I said ACES is there the community can come together and use ACES in order to to bring things or or it can provide leadership to bring ideas if people
needed to do something there's another option that um has been brought up before through the um concerned citizens for East Stewart and that is to develop a community development cooperation to steerhead uh redevelopment. But again,
that is something that a group of people, whether they're business people, interested stakeholders, they come together and they form that CDC, they manage it, they run it, and they if they need to apply or get grants or partnership with the city, they have to
do all of that. >> Okay. Any other comments? >> We had a motion, a second. >> We had a motion and a second. So we'll come back with it again. I mean the same language is going forward that it would it would be dissolved at the next meeting. That's what you're asking to go
forward. >> Transmitting it to the next one. >> Yeah, that was the motion. It's admitted to the second. >> Let's call the role. >> Commissioner Gio, >> yes. >> Vice Mayor Reid, >> yes. >> Mayor Collins, >> yes. >> Commissioner Clark,
>> I want to say no. >> All right. Item 10, discussion and deliberation. We'll work it through. >> Okay. U commissioners uh this item is uh I have discussed with with each of you
individually but just for the benefit of the meeting in the record. So, previously, prior to me being the interim city manager or anything, the city had applied for as a co-licant with Florida Inland Navigational District and been awarded the mega grant, which was
approximately $130 million. And that is that was related to this project to replace the 100-year-old train bridge. And the project couldn't move forward until all the financing was in place. And so, uh, several weeks ago, Florida and Land Navigational District
approached me and said, you know, we have an opportunity to co-apply again for an FSP grant, which would fill the remaining gap of about $78 million. Unfortunately, you know, this began back during the Biden administration and and so some of the original grant projects
that we expected to receive to fund the train bridge project went to other governments and entities. Then at the beginning of the Trump administration, a lot of the grants were reset. And so there's been some staff changes. And so the other day after commission action
and find both took action to adopt and approve us applying for the $78 million FSP grant, we submitted that paperwork to FRA, the Federal Rail Administration. And whereas the previous staff had said, "Oh, you can have the mega grant and the
FSP. That'd be great." after we submitted the application, they said, "You can't stack two grants like this." So, um, there's been a number of calls and meetings between them. And what we're waiting on right now is for FRA to make a ruling that they would still accept the City of Stewart and Florida
Inland Navigational District stacking two grants together to pay for the bridge project as part of the funding pieces. Unfortunately, that decision is going to be between two city commission meetings and the deadline to apply for the grant will be February 7th. Our next
meeting being February 9th. So, we haven't received that ruling from FRA yet. your options are either a they say okay and we go forward with what's been approved or the other option is if FRA says no you need to make you know you need to do something different then the plan that we tentatively have is to
forego the mega grant because we haven't pulled down a single dollar of it yet because we didn't have any of that uh total funding in place and then to then instead apply for the whole 200 million in FSP grant instead so this is just an
option where I need to inform for you because I'm not sure yet to have it on an agenda item on what's going to happen ultimately, but this is just our goal to try and get that train bridge project started to replace that bridge. If you have any questions, I would
entertain them. >> Um, thank you, Jolie. I I guess my question is you're saying the 6th is the deadline, but the 9th is our next. Is there some emergency? >> Well, you could >> that we can have >> you you could convene a special meeting
of the commission, but you have a very busy schedule coming up with the we referred to the fast and furious schedule of getting a new city manager on board. You're going to have a number of special meetings and stuff coming up. So, >> but funding the bridge is quite an important item. Yes, ma'am. >> Yeah. So, if I mean I can't speak for
the other commissioners, but if we had to come in for another special meeting to get that funded, that's most important. >> Yes, ma'am. I I I those of us involved in the project, we we feel like we're going to prevail and just go forward like we originally planned. >> Um it so of course if the FRA suddenly
tells us, you know, may maybe tonight or tomorrow or something, the FRA says, "No, no, no. We're not going to let you stack the grants." I'd start the notification process to the city manager and thereby to the commission after that. >> Okay. >> We're hoping it just continues as we all originally planned.
>> So, >> sounds good, Joe. Thank you. >> Thank you so much. >> All right. >> Moving on to >> item 11. All right. This one's mine. And so at
the December 8th, 2025 commission meeting, Miss Jannine Alexander had came before you during public comment and wherein she had alleged various issues that she had in the past with the city's police department and with other city staff at
the time. Um the commission had asked me to provide some background from the city's perspective to which I could not because the allegations that she was alleging occurred over 10 years ago and long before I got here. So I I didn't feel competent enough to even provide
you with a summary uh of any of those events because I wasn't involved in it. So, I I asked for some additional time and you asked me to come back in the future and provide you with some information as far as the background from the city's perspective.
Since December, I've had to review a large number of police incident reports, lawsuits, emails, and other documentations. And I've I've attached some documentation to the agenda item. Um, and I guess the question is what do you leave what do you put in and what do you leave out kind of thing. It was a
there's a large number of records that I could have attached, but I tried to limit to what I thought were the meat and potatoes of it. I'm going to provide you with a background summary of what I outlined and uncovered when I started reviewing all this stuff.
And again, there could have been a lot more added to what I'm telling you. There was a lot more to it. I just again had to make the decision what to leave put in and what to leave out. So, back on February 27th, 2015,
multiple uh Steuart police officers were dispatched to a disturbance at Dennis Gallis's residence at 2600 Southeast Ocean Boulevard in the Vista Pines community. Miss Alexander also lived in the same community. At or recently about that time, Miss
Miss Alexander and Mr. Gallas had ended a romantic relationship. The two of them were in a ver verbal altercation uh in his uh condo on that day and an an elderly female neighbor must have heard the altercation and came to Mr. Gallas's
condo to check on him. The elderly neighbor and Miss Alexander got into a physical altercation. Upon being interviewed by police officers, Mr. Gallas and his elderly female neighbor confirmed that Miss Alexander was asked to leave the apartment and that she pushed the elderly neighbor down to the ground.
officers noted an open wound on the elderly neighbor's face. I'm just not mentioning her name, but she is deceased since this event. But at the time, the elderly neighbor did not want to press charges because she feared that she would be retaliated against by Miss Alexander because they also live in the
same neighborhood. Uh, however, Mr. Gallas wanted Miss Alexander trespass from his condo at the time. During the incident that night, Mr. Gallas captured video footage on his cellular phone. Investigating officer uh
Noan Bo, I'm I'm I'm butchering his name, uh who's no longer with the police department, reviewed the video footage on Mr. Gallas's phone and observed Miss Alexander being asked to leave and grabbing the arm of the elderly neighbor. Officer Vo requested Mr.
Gallas to send him the video via email. The initial video file sent by Mr. Gallas was too large and it didn't make it to officer Vo's email and it had to be resent. At this point, there's a discrepancy as to how much video footage was taken that
day on the cell phone. A video placed in evidence by officer Vo was 54 seconds, which officer Vo contended was the only video footage that he viewed and received from Mr. Gallas. Years later, Mr. Mr. Gallas confirmed that there may have been additional footage and this is
involving a civil lawsuit between Miss Alexander and Mr. Gallas. He he confirmed that there may have been additional footage but it had since been deleted. Uh if there was any additional video footage, it was never obtained by the police. Before Officer Vo could interview Miss
Alexander at the scene that night, she had a panic attack and was taken via ambulance to the emergency room. Officer Vo later went to the emergency room to interview Miss Alexander. On March 7th, 2015, over a week later, the elderly neighbor contacted Officer Vo and changed her mind and p wanted to
pursue criminal charges for battery against Miss Alexander. On March 7th, 2015, the same day, Officer Chris Heightfeld was dispatched to the neighborhood in reference to a suspicious incident. Officer Heightfeld spoke to three
residents of Mr. Galas's community and each of them reported receiving a phone call from an un unknown female police officer of the Steuart Police Department. Each of the residents were questioned about the initial incident from this unknown female officer. Officer Heightfeld affirmed that there
was no female off police officer investigating this incident. He then made contact with Miss Alexander who confirmed that she had called the individuals in the community but only related to available real estate because she was a realtor. um but she denied impersonating an officer. Officer Heel
did not believe her and sought an arrest warrant for Miss Alexander on the charge of impersonating a police officer. On March 11, 2015, Officer Vo went to Miss Alexander's residence and she refused to open her front door. Instead, she dialed 911 and requested fire rescue to have an
due to having another panic attack and reported that she was suicidal. Miss Alexander told dispatch that she was suicidal and consumed multiple pills. Miss Alexander told fire rescue that she took the pills to avoid being arrested. She was taken to the emergency room and subsequently Baker acted by the hospital
staff. After 24 hours, Steuart police served a warrant for Miss Alexander's arrest on charges of battery against an elderly person at the hospital and she was transported to the Marty County Jail. At the time, Miss Alexander sought from the police and the state attorney's office to bring charges against Mr.
Gallas and his elder elderly neighbor for false imprisonment and battery. However, the police and the state attorney's office declined. On April 10th, 2015, officer Zachary Py was dispatched to the lobby of the police department to meet Mr. Gallas.
Mr. Gallas reported that the night before his right front tire of his vehicle was cut and slashed. Mr. Gallas alleged that it was Miss Alexander. However, officer PY concluded that there was not enough evidence to say one way or another and closed his investigation. On April 13th, 2015, the police were
dispatched to the same community due to an alleged violation of a trespass order by Miss Alexander. While officers were there, Miss Alexander called 911 to make a complaint about the officers and to request another officer to her residence. She was asked to hang up from 911 dispatch and she declined. Miss
Alexander was arrested again for misuse of 911 and resisting arrest without without violence. On May 22nd, 2015, Miss Alexander plead no contest to the following criminal charges: falsely impersonating
uh an officer, battery on an elderly person, uttering a forged bill, check, or draft, and resisting officer without violence. In the plea of no contest, she acknowledged that she was giving up her right to a trial and to confront her accusers. And I think this was an
important act taken by Miss Alexander on February 6, 2016. So now a year later, Mr. Gallas and his new girlfriend met at Sam's Club in Port St. Lucy and parked their vehicles in separate rows. Upon returning to the vehicles, both of their vehicles were vandalized. Only
their vehicles. Although Mr. Gallas alleged that it was Miss Alexander, only an incident report was created by the Port St. Lucy PD and the investigation was closed. Next month on March 4th, 2016, Mr. Galis reported to police that he he was sent an anonymous Valentine's Day card and
believed that it came from Miss Alexander. Um if and if Miss Alexander had such sent such a card, it would have violated her no contact order and violated her promotion. However, this this was not to be was not able to be proven and the
investigation was closed. Um, the next week on February 12th, 2016, Miss Alexander presented to the Steuart Police Station, met with an officer Sudhoff, and alleged the following. That she was falsely arrested a year earlier, that Mr. Gallas and the
Steuart police officers tampered with the evidence, and and that would be reducing the the amount of video footage, and that Mr. Gallas and his elderly neighbor gave false statements and were the aggressors in the incident. A report was taken and
provided to the state attorney's office for review. The state attorney's office declined to press charges based on find of not finding probable cause. On March 16th, 2017, so another year later, uh the state attorney's office
denied moving forward with the charges of tampering with evidence. It should be noted that there was never any allegation from Miss Alexander that the video footage of the 54 second was altered in any way. She only alleged that there was additional footage that was never that never saw the day of
light. In December of 2017, so going now forward another uh nine months, Miss Alexander renewed her complaint on the tampering with evidence allegations. And then next a month later on January
4th, 2018, Miss Alexander met with Officer Buchanan of the Stewart Police Department. um and complained again that the video provided to the police in 2015 was tampered with and there was much more on
the additional video footage. She produced a text message from Mr. Gallas indicating that he took a 7-minute video on his phone that night. Officer Buchanan spoke to officer Vo and Officer Vo reported that he only viewed a 40 54 second video on Mr. Gallas's phone three years earlier and the file was too large
to email. Officer Vo assisted Mr. Gall Gallas in emailing him the video from the phone. The 54 second video was submitted into evidence. Officer Buchanan spoke to Mr. Gallas about the video footage. Mr. Gallas thought that it was possible that
he recorded more than one 54 second video that night on his phone. However, he did not recall one totaling seven minutes and he was uncertain why he stated such in a text to Miss Alexander. He further stated that any video footage taken that night has been deleted from his phone.
In officer Buchanan's investigation, he spoke to Miss Alexander multiple times. Based on Officer Buchanan's investigation, he concluded that there was no probable cause that Mr. Gallas tampered with the evidence. More specifically, that the 54 second video used to convict Miss Alexander was not
altered in any way prior to officer Vo viewing such. In addition, her claims of being kidnapped or falsely imprisoned could not be substantiated. Miss Alexander persisted with her complaints at the recommend recommendation of prior city attorney Michael Mortell. Miss Alexander
submitted a written complaint for an internal investigation to the city then city manager David Ross and that was on February 8th, 2018. So now we're three years later again from uh the initial incident. The former city manager Ross tasked our human resource director Ros
Johnson sitting to my left with investigating the complaint. Miss Johnson concluded in writing that there was no evidence that the 54 second video was tampered with and uh internal police policies on evidence were not violated. Subsequent to that, the former city manager, David Ross, affirmed her
conclusion and decided to take no further action. Going forward five more months, in July of 2018, Miss Alexander filed a civil lawsuit against Steuart Police Department, several officers, and the State Attorney's Office. In the lawsuit, she alleged that Officer Vo tampered
with evidence that Officer Vo and the other officers were negligent in their duties, that she was battered by excessive force by officers, and that the Steuart police caused intentional infliction of emotional distress. Um, I'm doing math in my head. So, eight
months later, the court dismissed the lawsuit against all defendants on March 6, 2019. So, a little over about I guess a few weeks later, she filed a second lawsuit in federal court against the city, the police department,
and multiple police officers, and I believe some city staff. In her complaint, she alleged that the defendants committed numerous violations of her constitutional rights uh under federal and Florida state law. I'm doing math again. 6 months later,
the federal district court entered an order dismissing her case against the defendants. Two years later, Miss Alexander filed a second federal lawsuit against the city, the police officer, mult multiple individual officers, and individual staff members. In her complaint, she
alleged that the defendants committed numerous violations of her constitutional rights under federal and state law. And then five months later, I'm sorry, a year and five months later, the federal court entered an order dismissing the second case against all defendants and entered
a final judgment against Miss Alexander and closed out the case. I want to point out that the city's insurer has spent approximately $45,000 in illegal fees in defending the the various three different lawsuits uh filed by Miss Alexander.
What I did attach to the agenda item was Sergeant Charles Buchanan's internal investigation which I addressed in from 2018, Miss Johnson's investigation summary report in April of 2018 along with the city manager Ross' affirmation of her decision to take no
further action. The first lawsuit in state court, the second lawsuit in federal court, and the third lawsuit in federal court. Again, I I'd had to make decision what to leave in and leave out. There are thousands of other pages we could we could go through, but I felt
those are like the meat and potatoes of what you should or need to see supporting what I just told you. Um, Miss Alexander has alleged the following that she has been denied due process and the submiss submission of a citizen's complaint. She has asked for a hearing before the SRB
u board and that means that's an acronym for the Steuart Independent Review Board. She's al and I'll address that in a second. She's also asked has had no closure or financial settlement from the city. She's looking for financial settlement from the city and I think she's communicated that to me in email
since then. And um she is also alleging that the city andor Dennis Gallas had concealed the 7-minute video. That seems to be the the crux that there was a seven-minute video. Um and lastly, she's alleged that the city has failed to respond to her public
records request. I'll address that in a minute as well. I want to uh go back on the SIRB or the Steuart independent review board. In the past, the city had the SRB board and it was an advisory board consisting of five members appointed one each by each of the
commissioners and it was a civilian board reviewing internal investigations of our law enforcement personnel. Uh they didn't have any binding authority. They would just they weren't even allowed to take evidence. they would just review what the police department's internal affairs and what the city
manager if the city manager was involved uh any any um any action taken against the officer uh they would just simply review the documents in the case and give an opinion but um after
um I think it was in 2024 there was a house bill 601 the state of Florida preempted municipalities from creating civilian and review boards concerning the receipt, processing or investigation of complaints against law enforcement under the police officers bill of rights. And
that was Florida statutes sections 112.531 through 535. >> Florida statutes 112.531 through 535. That's called the it's the Florida Police Officers Bill of Rights.
As a result, we we we dissolved the SRB and removed the board's bylaws from our code via city ordinance, just like we were just about to do with that. We're on to the second read reading on the ESHAC board. Thus, we cannot hold an SRV
more hearing for Miss Alexander um because that board has been dissolved. Furthermore, the police officer bill of rights prevents um the city from having any civilian hearing or review board um concerning disciplinary action against police officers, including the city
commission. So, we we we can't do that. So, the the the statute preempts it and we're not allowed to do it. It has parameters on what can be done internal on an internal affairs type of complaint and how that's handled. And I can only say that I can't
say for certain, but my my thought is that the reason why they do that is a police officer bill of rights when they have an internal investigation um they're allowed to have um the union present. They're allowed to have an attorney present and they get their due process. So by having a secondary
civilian review board, they're they're duplicating and they have to defend themselves twice. And so that's why in my opinion why they state preempted this because there was it was popular to have a bunch of municipalities started having all these civilian review boards um
created throughout the state. Um I I want to reiterate that she has had multiple internal investigations by city off city's officers and human resources and she has filed three separate lawsuits which have been reviewed various by various courts and
judges and each of them have been dismissed. Lastly, she has alleged that the city has failed to respond to our public records request. I conferred with the city clerk and um Miss Alexander has made I think about 12 public records
requests and the city clerk has responded timely and provided said documents. Some of the requests were closed for lack of payment. Some of them were significant amount and we required payment for the to to review and and produce the records and they just weren't paid. Uh others
Miss Alexander failed to follow up and some were demanding improper responses to the request. For example, this is something that I handled. So, she was demanding that each document produced by the city clerk be certified. So, each page had to be certified for
her clemency application that she was making. So, I started in October of 2023 and back in December 2023, I believe she came to a city commission meeting and raised some of these similar issues. And that's why I thought I it was right when I first got here. But I I went back on
my emails and I sent her an email addressing this certification in the clemency application. I attached a standard application for clemency by email and the standard clemency application requires that the court documents be certified when they're
attached to the application which would be obtained from the clerk of courts, not from the city clerk. And so the documents received from the city clerk were not court documents. They were internal affairs type documents. So the the the application didn't require that the cities be certified, but it required
that the courts uh from the clerk of courts got documents be certified. And I addressed that in December of 2023, and I did not hear back from her on that. So those were the issues that she raised last commission meeting. This is a summary of my review of looking through
various documents. And so that concludes my providing you with a background on her complaint. And I'm available for any questions. If I can answer them, great. If not, I might have to get back to you. >> I appreciate you taking the time to go through this >> to provide us
a comprehensive >> um question. >> Is this considered a >> No, this is just a discussion item. >> We had brought we had asked our attorney
to review for us the nature of the case. So, it's it's just a discussion item. I consider some attached to the case that were totally So hey
>> Janine Janine Janine hold on the nature of this discussion is not to litigate the case. It was just to have Lee review for us because there are new commissioners up here who were not familiar with the case >> to go through the timeline of so that
we're all familiar. Again, the the purpose was not to litigate. >> I'm sure if you have a copy, I'm sure >> fantastic. Yeah, you can give that to the clerk. >> What would be the purpose of >> Was this the same one that you had emailed me? >> I'm very proactive. I think you all
consider that after that evening, February 15 27, 2015, I doctors document your failed to follow >> again. Again, we're not we're not
litigating. >> You're not telling >> I understand. >> I understand. >> Yeah, if you wanted to just skip for those documents. So, Commissioner
doesn't stop >> understand >> Michael was believe Janine, we're not we're not we're not taking public. We're not taking >> Janine, please. Please, >> Janine.
>> You're going to have you're going to have to be escorted out of here if you're not going to follow the rules. Please please >> you don't have to leave. Just follow the rules. We're We're not doing public comment. Um, Miss Thank you, Mr. Mayor. Uh, uh, >> your mic
>> on on um >> your mic, >> Miss Oh, my mic. Sorry, I thought you were saying um floor. Okay, thanks. I'm the only one who has a light on. Thank you. >> So, Mr. Mr. um
Bagot, that's right. I'm gonna just run rampant and ask a whole bunch of questions and I hope I don't sound crazy. So, you don't even have to answer them. I'm just gonna talk. Okay. So, um I thought that the per and I'm glad
that you went back to what 11 years or something. 11 years. >> It's been 11 years. >> 11 years. Okay. So, I I'm I'm going to say something about that too. But on this particular matter, I thought that one of the big reasons, and maybe I'm
mistaken, but I've read a lot of things and I've looked at it. I thought that let's say for example, um, someone is applying for clemency, the felony pardon, and the governor's office or whoever it is tells them, you
need to submit a b cde e certified copies or whatever. I thought that one of the issues and one of the glitches that we had in this matter was that um this particular individual um had a request to the city, please
provide me a copy of ABCDE such as a police report or whatever it is or a video or something and if they got that they would put it with their packet and they would send it back to the governor. I didn't think that we were litigating anything or trying to do
anything. So that's my one thing. What is it that she needs from us exactly? And is it that fits with the requirements that she need to fill for her um her clemency? And is it something that we can give her? If there was something from the time of Dave Ross or
whoever somebody behind, let us know. And if it's something we can give her on the public records request and she needs to get it fine if it's something that the city has. I understand I think I know if it's with her or with other cases sometimes people think that we're
the court. We're not the court. So we don't give certified copies of whatever it is certain things. the clerk might give a copy of something that they have and said these are the the minutes for that meeting and I'm not sure how the clerk provides that to make sure that
it's a bonafide copy to the person but whatever the clerk does I'm sure that's what they do under legal advice but if it's something that comes out of the court the 19th circuit or any other court circuit then it comes from them so
that brings me into the court system I want to ask Mr. baggot us not being a tribunal body dealing with this specific truth of the matter um content of her
case. What is are we in any type of procedural posture here with her case at all or are we just supposed to be supplying her with some requested information? We're not um relying on any detail or making any decision regarding
her case. And we've had this case, this 11 year, we've had other cases where people have gone through this process, this legal process with appeals and coming back and forth, back and forth. And after so many times of appeals
through the court system, they end up coming right back to the original city council and saying somehow we need uh we need um some kind of a we need you to to give us address you need to address our
our issue that we have and you need to re give us um I don't know I guess an answer and we're not the court of law. If somebody has taken something from the city and appealed it through the court of law, that's where that goes. But
apparently the answer is, can the city still do something for us? Whether it's to give us um um give us uh property back or give us a proper deed or give us whatever, but because it's out of the hands of the city, I don't know what we
need to do since it's up and we're talking about it and we want to be frank and and transparent. Um the procedural posture is not with us, it's with the with the appeal court. And if she does need a document from the city, if we can
find it, we can give it to her. If we can't find it, we respond just like we would with any other public records request. We have searched our records and we're not able to find so and so. Now, apparently there might be some
controversial thing that Yes. you say that you can't find this officer's report or that person's report, but I know that it's there. Um, I'm not, you know, there lots of ways to try to deal with that. But I think I'm not sure why
something which I consider simple as somebody saying I need a copy of a police report or I need these two or three things from the city so that I can add it to my pile of stuff to send to the clemency board in order to get my myself situated and to claim and to
clear my name. I'm not sure where all this appeal and all these other things got involved with it, but and I'm thinking you're telling us that you're not sure either because there are a lot of things that were from a long time ago. I'm not sure why we have it's this
and I it's kind of unique to us that we've had this where it's been going on with with certain cases and they go through the court system and the appeal system and they come right back to us. But I think this is a very unique case.
To me, it's an easy case where somebody's requesting a document from the city. Either the city has the document or they don't have the document. And I'm not sure where else we get involved with it. >> That was a lot.
>> We're not again >> we're discussing >> discussing. So, I looked at the Florida um clemency application and it said court documents need to be certified. So, you mentioned the deed. >> It's a court. Yeah. >> You can go get a certified copy of a
deed or a certified copy of a of a a final judgment. That's done by the courts, the clerk of court regularly. So, we don't do certified copies here like the clerk of court does. But Mary did stamp it and certify that these were
actual copies from the city um you know in response to her request. But again I the application requires that court documents be certified. Not >> that's a clerk >> not a police report not not an internal email from Joe. You know I mean she's
requested a large number of documents. So if we got served with a subpoena, the the clerk would do an affidavit, you know, saying certify that these records are from the city and were kept with the city. That way we don't have to go to court and authenticate the documents.
We've done that before. So um she did something similar to that and provided it. Um I know that she was upset because Mike didn't bring hard copies of documents to the courthouse one time. I think he brought a flash drive with the
documents, which that's not uncommon if there's 10,000 pages, you know. Um, >> when the court >> um, so I I'm I'm just giving examples. So, I I don't there's a obvious disconnect, but we have produced records
multiple times. She sent more public records requests to me. I think I got 20 emails in the last couple weeks and a couple of them were public records requests. I forward them to Mary and she said she's already requested this and we've responded. So I um I don't know
what's I I I I don't know what's, you know, is still out there or what is needed, but I I we've produced everything multiple times at this point. There were times where she didn't pay for it. There were times she didn't get come and get them even though we said they're here. Uh Mike gave them to her
on a flash drive whether they're hard not hard copy or not. Um they were provided to her. I I don't know what else the city can do as far as the litigation. I mean there was a criminal case. She pled no contest and spent time in jail from my understanding. I I that
was over >> days. You hear it from her and then she filed three lawsuits against us and we've litigated for years and and they're over. They they were dismissed. So I I don't know what else there is to do. I she can't I mean she can come back
at public comment but the cases are over. >> Miss I mean >> can I continue Mr. Bagot? So so you brought up something good. So there's no existing case with us. So it's not like we have to have this meeting in a shade meeting or anything and Miss Alexander
herself has come here and asked for this information in public. But this question of looking for a settlement, what is there a settlement to be made a settlement about if there is no lawsuit that has any judgment or what is what is
can you clarify that please? What is the settlement being sought for? And on what basis? >> I've seen records and and I believe she sent me an email wanting to be compensated. She's reiterated it that she wants to be compensated, that she's
suffered damages, but that's what you take your you address it in the court system. She has three times and lost all three times. So, I don't know what else there is to do for the case, the civil cases that she's filed against. I mean, it's against the city city police
officers and city staff. I think you were defending one of them. >> Um, so you guys have all it's been dismissed. So, um, that's where you take the redresses. So, I don't know. I my understanding and I think she said one time that Mike
Mortell offered her $10,000 before the litigation, but then she litigated and we had to we ended up hiring a lawyer. And I mentioned that our insurance has paid $45,000 in attorney's fees defending them. But that was before
we incurred all the legal fees that he had made that offer. And so she has reiterated re reiterated that a couple of times in emails and she might have done it on the phone with me or in person. >> Thank you, Mr. Bagot. Mr. Mayor, may I continue with regard to the review by this um Steuart independent review
board? Can you just review for the public the the what is that committee and how that committee got dissolved and how um even if she was seeking redress under that committee, what the status of that is now. >> He has already >> I know. Oh, I know.
>> I know. He's already commented on it. >> He said he was going to come back to it. >> No, I did, but I can readress it if you missed it. So, >> I don't remember when. I don't know exactly when we created the SB, but I would say it was obviously before 2015
because she was requesting it back then. And through the years, I believe it was very popular for municipalities to have civilian review boards. And I think there was a case in 2017 that went to the Supreme Court that
questioned whether or not there could be a um a civilian review board. This legislature then subsequently in 2023, I think I said um codified it in the officer's bill of rights that we cannot
have civilian review boards and our sb was a civilian review board. Mhm. >> So, we dissolved the civilian review board because the state of Florida preempted it in the Florida's officer's bill of rights. Just, you know, we and
we we removed it from our ordinances. That's why you can't find it in our ordinances. And some of you didn't even know what it was. You knew newer commissioners because we haven't had it in a few years. I did have a couple when I first got here in 2023. I faintly remember we did like one or two in in in
the chambers but then shortly thereafter the state preempted it >> and we dissolved the sb. So we we we cannot >> we cannot have an sb we can have any review city commission cannot review what's already been done with the disciplinary action of the police
officers which is what she wants >> big chunks. All right, >> your honor. >> Thank you. Thank you, your honor. >> Yeah, like Commissioner Clark said, I I guess I'm just looking for clarification on what Janine's asking for from the
city so we could produce it, do public records. Um, I still haven't heard that. I've heard a lot of stuff on it. Um, >> are you want me to clarify it? >> Yeah. Yeah. What exactly I gave you earlier in the public
those documents I just handed you those were filed in the tampering they should have been filed in the tampering I went to great to reseen those documents were misplaced in
another case my medical never required by even though he came to the ER that night to serve me not to charge me with he found
I taught school for 16 years my license was revoked because of this >> the impersonation This Dallas was texting me at after the initial incident
alerting me crazy because he was covering himself in his police statement. He swears a sworn police statement. Three days later, I had seven minutes of video.
When I sued for defamation, I received a statement in the email where he details the account of how >> we don't have the seven minute video. >> No, we never never had it. >> Exactly my point. >> Exactly my point.
>> We cannot be in record is not there because the law enforcement officer that came to this crime scene did not follow Florida Department of Law Enforcement polic and procedure on crime scene investigation. I'm a former teacher. I
would never conduct an experiment the way this was done. >> You can't expect an outcome if you don't start the experiment right and follow the protocol. >> You have a comment >> people. I lost a career over this. You want to know what's wrong with me? I
suffer from post trauma. I wake up at 3:00 a.m. in the morning still from this >> and I'm determined by God to honor and everything that I do >> and this is part of it. >> Thank you. >> My constitutional right to due process
were violated preliminary. He cannot conduct the kind of investigations without starting it right. I apologize. Do you know but in their policy 27 it tells how he
is supposed to comply >> I can show you the domestic violence code where he is mandated by the state law >> and I can tell you why I don't need to be tormented any further by his >> no we're not trying to torment you
>> because when you're Janine, >> Janine, you're still going. >> So, thank you. Thank you, Mr. >> M. Will be uncapped. >> Thank you. So, Mr. Mr. um city man, city
attorney, I mean, maybe I'm wrong. It's been a little while since I did some clemency work. I helped some people when they were trying to get their vote back when amendment one was on and people were trying or after it came through. people are going to the supervisor of elections and getting all their
paperwork in order to get their vote back, sending stuff up to get that done. And if I'm not mistaken, Mr. Bagot, >> not knowing specifically what is being asked to be produced, it would be some type of a final judgment, some type of a
final disposition, and that's all that's all they they need. I mean, >> application returned. I have to wait another five years of my life. >> Oh. That's why I came forward. >> Get somebody to help you. Get legal counsel to help you. There's a Florida
There's a Florida group. There's a group out of Gainesville. There's a group out of Gainesville that will help you. >> Let me tell you, I've been financially restricted all of these years. I was driven into poverty by this. >> There's a group in Gainesville that will help you.
>> God honored everything I've done. I own a home. I will burn equity in that home. It will go to damages. I'm trying to tell you, you better reach 768.28. The minimum is $200,000.
The maximum is uncapped. I'm giving YOU OPPORTUNITY NOT TO MAKE ME go through any more litigation. I wrote all of the legal briefs in the federal case and I WAS ARRESTED 10 DAYS after I served that to Michael. Again, put in jail. four months in jail
restricting me from being able to file responses to the motions to dismiss. There is so much intentional stuff here. I will take this. I KNOW HOW TO ORGANIZE and do what I need to do, but I'll hire an attorney. I will end up paying 25% of
any any remedy I get on my mother and father's grave and their name. I WILL PURSUE THIS. I BEG OF YOU TO RECONSIDER WHAT'S GOING ON HERE? UNDER THE statute of fraud, I have 12 years
of concealment. That video was concealed by Dennis. If you can't hear my intention, if you can't hear, it's honorable that I'm doing what I'm doing. If any other woman has to deal with what I've dealt with,
it's disgrace to your community that it happened. It is a public disc. Look at the bruises. Look at the medical reports and physically abusine.
The meeting is off the rails. >> I'm waiting for my own help. Okay. >> Janine. Janine. Janine. Janine, please. >> All right. >> Are there any are there any other comments? >> Thank you for record.
>> Are there any other >> Are there any other comments from commissioners? >> The only thing I'd like to say is any documents that she's looking for through a public record request. >> Correct. they've been given, I believe.
>> Or maybe have her renew the public record request so they could be fulfilled if they need paid before they're fulfilled. Right. >> We have fulfilled all of the requests and the ones that were not fulfilled um were withdrawn from her or she didn't
pay. There was a very few of those. But there was another request that came in through the police department records um division and it included everything everything we have on this entire case. >> And that one wasn't the >> I have that number that was provided to
her. >> Okay. >> That was in 2023 number 1923 or 1983 2023. >> So there's nothing else for us to give. We've given everything and sometimes duplicate because the requests keep coming in.
>> Okay. >> Janine. >> Janine. >> We're not trying to >> Is there anything else from the commission? >> Well, Miss Alexander, >> thank you for your time. I don't mean to be disrespectful. >> I know
>> I owe it to myself. >> Yes, ma'am. >> I don't feel like I was trying to commit suicide. The law enforcement officers around my home at 10:30 at night. I needed to calm
myself. I was like this. I was my life to handle things the way that they terrorist. >> All right. Seeing No further comments or business. This
meeting is adjourned.