I'm calling this regular meeting of the Steuart City Commission for the 10th of November, 2025 to order. Roll call, please. Madam Clerk, >> Mayor Rich >> here. >> Vice Mayor Collins >> here. >> Commissioner Clark >> here. >> Commissioner Gobi >> here. Commissioner Reid
>> here. >> And this afternoon for the invocation, I'm happy to see again Chaplain Edward from Steuart's own Police Department. And will you also lead us in the pledge of allegiance afterwards? Thank you. Please rise. >> Thank you, Mr. Mayor. Uh
Mr. Mayor, city council, staff, most importantly the people of Steuart, I thank you very much for allowing me to to come up and invite the presence of the Lord into these proceedings. Tomorrow is Veterans Day. How many veterans do we have in the room?
>> Any good? >> Family. >> Family members. I guess I'm it. I had 20. >> Look at the little girls. >> All right. Well, let's remember those folks that do serve us in this in this
great nation. Let's go before the Lord, our God and our father, great creator of the universe. You raise up men and women that are willing to to sign a blank check for an amount up to and including their lives to put them on the line for this country. We thank you for that,
Lord. As we come into this meeting, we remember that there's such division in this country right now. And we ask that you unify us, that you draw us back together, make us the one nation under God, indivisible that you intended us to
be. Father, I thank you for the wonderful city of Stewart and for this council, for the men and women that have taken on the leadership to direct us and guide us and help us stay within the boundaries of what's right and what's
good for the citizens. I ask your blessing on them as we come together. Father, I ask that you bless us and keep us. You make your face to shine upon us. Be gracious unto us. You turn your countenance towards us and you bring us peace. Amen.
>> Amen. >> Would you please join me now in 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. >> Thank you very much. Please be seated. Arts moment is here. >> Thank you, chaplain. >> We have an arts moment with Zoe Mcnite. Is Zoe Mcnite? >> Is Zoe on her own or does she dance with
the studio? >> Sorry. >> On her own. >> Dancing. [Music] Good afternoon. [Music] Zoe, bear with us. >> Taran to the rescue.
cuz you muted. >> Good. [Music] Ladies and gentlemen, I present Zoe Mcnite and she's going to be doing a dance performance. broken down
[Music] and you can't find a fighter [Music] but I see you walk it out [Music]
walk it out and [Music] Then I rise up. I rise like the day. I rise up. I rise unafraid. I rise up and
I do it [Music] again. And I rise up like the waves. I rise up. of the I rise up and I do it a thousand
times again. [Music] [Applause] [Music]
The silence isn't quiet and it feels like it's getting hard to brea and I know you feel like dying but I promise we
[Music] Bring it to his feet [Music] and I'll rise up. I'll rise like the
day. I rise up. I'll rise unafraid. I rise up and I do it a thousand times again. [Music]
All we need we need is hope. And for that we have each. And for that we have each [Music] will rise. We will rise.
[Music] I'll rise up. Like the day I rise up in the
I will rise a thousand times again and we'll rise up [Music]
and we'll do it a thousand times again. Yeah. [Music] You
[Music] Way to go, Joey. Way to go. [Applause] Mommy. Thank you, Zoe. Thank you. Thank you,
Miss Mag. >> Looks like we have our own Steuart's got talent. [Music] Mr. Bagot, could you please read the proclamation we have this month? Hospice hospice and palative care month
November 2025. Whereas Medicare's first proven coordinated care model, hospice is a program that works offering person- centered compassionate care, ensuring people dignity, choice, and quality of life. And whereas the hospice
model involves an interdisciplinary team approach to treatment, including expert medical care, quality symptom control, and comprehensive pain management as a foundation of care. Beyond providing physical treatment, hospice attends to
the patients emotional, spiritual and family needs and provides family services like respite care and grief counseling. And whereas hospice and palative care organizations are advocates and educators about advanced care planning that helps
individuals make decisions about the care they want. Founded in 1982, Treasure Coast Hospice is a nonprofit community organization of skilled professionals and dedicated volunteers who mi whose mission is to
provide access to compassionate, caring, and expert and professional hospice and grief support services to patients and families at the end of life. And whereas today Treasure Coast Hospice serves more than 4,000 patients
annually, providing holistic patient care, patient centered care and comfort to patients and families in Martin, St. Lucy, and Okachobee counties. This year, Treasure Coast Hospice celebrated the 10th anniversary of its specialized pediatric care program, Little
Treasures, which improves the quality of life of children and teens with a lifelimiting illness by providing support for the entire family. Now, therefore, I, Campbell Rich, mayor of the city of Stewart, do hereby proclaim November 2025 as hospice and paliotative
care month. And accepting his proclamation and recognition of hospice and paliotative care months is Dr. John Crouch, the vice president of medical services at Treasure Coast Hospice. [Applause]
>> Thanks so much. That was very good. Well, so thank you so much for this opportunity. >> Could you stand just a bit closer to the microphone, please? Thank you. Thank you so much for recognizing Treasure Coast Hospice for the service and the mission that we have pro provided. And uh
>> that's it. Thank you. [Applause] the middle. >> Thank you so much. I'm wearing my purple. >> Hospice. >> Okay. Service awards. We have
five this afternoon and we'll begin. Unfortunately, she's not here, but Emily Coin with five years of service with the police department [Applause]
and I see her for 10 years of service. Panal Gandhi Sabus with the CRA. speech. >> Come on, panel. You got to say something. >> Speech. Taking a picture first. I did come prepared. [Laughter] >> Three minutes.
>> Yeah. >> Um, first of all, thank you so much for this recognition. Um, although I'm celebrating 10 years with the city of Stewart, I just want you to know that I was actually here from 2006 to 2011. I was here for five years before I decided to pursue other opportunities and
experiences outside of city of Stewart. Um but then I did come back in 2015 just because I love the city of Stewart. Um it really felt like coming back home when I came back in 2015. Um, I miss the culture here, the teamwork, uh, the
dedication that all the employees um, and city commission, CRB, LPA board members have towards the city of Stewart and also the family oriented atmosphere that we have in the city. I've had an opportunity to work here uh, professionally and grow professionally
and personally. Um, I've served as a planner too, uh, senior planner, CRA administrator, and now the CRA director. Um, but I'll be honest, when I became when I joined the CRA, um, I was a little nervous. Um, I had no idea how
much this role would actually shape my career and, um, connection to the community. Um, so my experience here as a planner helped me to understand the technical side of the projects, but it was this role that taught me how to earn trust in the community and engage with
uh, all the business owners and residents in the community. Um, as you know, I've had an opportunity uh through your support to work on important projects all committed to improving city of Stewart and uh none of this would be possible uh without my teammate Jordan
Pinkston. Uh we have a great working relationship. Uh we align in so many things and work ethics that really helps our department run efficiently and effectively. Um, so I'm really grateful uh for her and my team and the support
we provide to each other every day. Um, I'm also grateful uh all the departments in the city of Stewart. Um, Milton's team, Jod's team, city clerk's office, city manager, um, city attorney, uh, Jim's team,
Misty, utilities engineering department, uh, finance department, um, and just all the departments. They all support the CRA. We can't do this without all the departments. Um, so it's truly the, um, the entire city organization that makes
my department, uh, run efficiently. Um, and I'm also grateful for all the leaders that have supported me over the years. And lastly, I thank all of you for supporting me and all my projects. Thank you. [Applause]
>> Give me the paper. You don't want it to be in the photo. Good job. Good job. 10 years and it's it's been a pleasure to work with here. This is more typical of staff at the city and unfortunately this
gentleman can't be here but for 30 years of service we are recognizing Donald Leco with fire and rescue [Applause] and also unable to be here um
recognizing Bobby Kindle for 35 years of service with utilities and engineering. Milton, he's hot on your heels, eh? And um there's just no way around it. This is very sad.
And in all my years, I've never seen this happen. And that >> just did. We were going to provide a recognition to a young man, young to me, but for 10 years of service and
unfortunately he passed away just very recently. And um his family, I'm thankful his family is here this evening to accept us, but uh Mr. has agreed to make some remarks
regarding his employee and a member of the city of Stewart staff. Thank you. Good afternoon, mayor, commissioners, and members of the public. This afternoon, we take a moment to honor and remember James Allen,
our chief plant operator at the city of Stewart's water reclamation facility. James passed away a little over two weeks ago and his loss has been deeply felt across our entire organization. He was more than a colleague. He was a
friend, a mentor, and a steady and trusted leader within our utilities and engineering department. For the past 10 years, James devoted himself to protecting one of our most vital resources,
the water that sustains our community. Through his knowledge, profess professionalism, and quiet dedication, he helped elevate the city of Stewart's wastewater operations to a higher level. He took great pride in his work
and held himself and those around him to the highest standards of excellence. James led by example. He was patient, thorough, and always willing to lend a hand. His calm strength and humble
spirit earned him the respect and admiration of everyone that that knew and worked around him. James was also a devoted father, son, and friend whose love and dedication to his family
were the foundation of his life. He survived by his loving wife, Josephine Allen, and their three children, John Braden, Juel Brienne, and Giana
Rose. They were the center of his world. He spoke of them often and his pride and love of his family were evident in everything that he did. Though James is no longer with us, his
legacy endures, in the systems he improved, in the co-workers he mentored in the and in the example that he set for all of us. This afternoon is it is my honor to recognize James Allen for his 10 years
of dedicated service to the city of Stewart. We are deeply grateful that his wife Josephine is here with us today to accept his 10year service award on his behalf.
One little one left. Chris. Oh, these things slide like crazy. Okay. Okay. Commissioner Reid, would you like to follow that? >> Sure. for my my comments. Um I want to start by apologizing to city clerk Mary
um at the last meeting. Um I did a public record request and the news did a public record request, but we had different date ranges. So that's why one of them was fulfilled differently than the other one. So I wanted to
apologize to Mary uh publicly and I spoke to you privately as well. So, I'm sorry, Mary, but that wasn't my intention. Um, I also wanted to mention um when when we run into issues like I'll
specifically mention it. It's uh Mr. Leonard's property. I'm not sure how how we should move forward getting some of these addressed. I know I've spoke with the city city manager Jolie about it. Um I know the development department is familiar with
it. I just some of these things should come with some sort of process to have a positive ending. Um, and I don't know how to achieve it. Um, so I figured I'd mention it during my comments and hopefully a solution will come from it.
So that's all I have for tonight. Thanks. >> Thank you, Commissioner Gobi. >> Yes, as always, I want to thank everyone for being here. It's really important that you show up at these commission meetings. I want to thank Jolie for stepping into the role of city manager
during this time of transition and for keeping me well informed. I really do appreciate it. I want to thank the department heads and their staff. They are all to be commended for an excellent job that they continue to do every day, year in and year out to make sure that this city runs smoothly. I want to thank
those individuals for their continued support both verbally at these meetings and via email. Your kind words are very appreciated. Tomorrow is Veterans Day and there will be a city annual parade. While it's a very small parade, it's always well attended, which is a great honor to our veterans. So, I hope that
everyone attends. Thank you, >> Commissioner Clark. >> Thank you. >> I see you have notes. I'm not sure the last time we were here if we were just right the day after the hurricane or about then, but like I said
at the last meeting that we were in the path and Jamaica has had some damage and people have been asking me and yes, my place where I was born was in the the middle of the storm or the ground zero
area in St. Elizabeth, Jamaica. And there are lots of organizations in this community and worldwide food for the poor and global empowerment um missions and other groups that are collecting and
helping with donations. I see I think today there was an incident when someone was trying to go down and they had an airplane crash and for those victims who are trying to help others and their families who are suffering their loss
right now, I just want you to think of them and and um think of all of those who are working to help others as we do ourselves every day here. um for our community here. Coming up is Thanksgiving and at the Gertude Walden
Child Care Center on November 20th, there'll be dinner for families. Whether you're homeless, whether you have a lot at home, it's just a way for community to come out and to meet each other and to help each other. So anytime from
after 300 PM at the Gertude Walden Child Care Center at the corner of Bayou and Martin Luther King Jr. Boulevard, please come out and participate by picking up a dinner or staying and talking to someone
or picking up a dinner for someone who can't come out and bring it to them. And uh that will be something that will be very um important with uh the community with either previous building permits or longstanding issues that have been going
on with the city or even to the replacement of our um city manager when we get to that point. I just want us to take those thoughts in mind as they brought them to us tonight that we think of how we as a commission will be
looking to ask um our interim city manager to bring us some ideas before the new year starts or after the new year starts. However we want to approach that, we need to think of that as we um
go forward with this process and to make sure that we maintain unity and integrity and continuity in our city. So we just want to keep that for first and for foremost in our minds and I just
want to thank um Mr. Boglioli and I want to thank those who bring issues to us and we're it's not that we're not listening to you. We are but sometimes it takes a little while to get
things going and some of our staff or have a lot of things under their belt. I know especially we have a department used to be one person. Now we have two attorneys with the city but I know and I
thank especially Mr. um Bagot for all the work that he does and all the things that comes under his purview. And I just want to encourage our staff at this time as we go to the holiday season as we celebrate tomorrow for Veterans Day. My
husband has served in the Marines and we know lots of other family members and friends who have served and we just want to thank everybody for what they do to make this place our community. And I don't think anybody could have said it
better than what Pinal said today. Just the fact that each of us, whatever we do, the little things and the big things that we do makes it the city of Stewart and makes it our community. and we ought to be proud of that and we ought to
continue to pick up the pieces and move forward and do our best every day. Thank you. >> Thank you, Commissioner Clerk. Mr. Vice Mayor, >> I have none. >> Okay. Um uh I was lucky enough to be able to read
the proclamation yesterday at the First Baptist Church on West Ocean. I was a guest of pastor Daryl Orman who frequently provides our invocation. Um a hundred years they've been there and um
it is important to recognize them not only as a strong cultural institution, a house of faith, but they also run a school. And certainly that responsibility of educating our children, there's nothing more important to that. So, I appreciate
their invitation and was earlier in the week, am I correct? Early in the week, we were at the water plant. >> Yes. >> Yes. >> Sort of blended together. >> Yeah. Early earlier in the week, I would like to thank Commissioner Clark for being there and most of the staff in
this room was there. It was a very well attended uh event and this was to officially name the water reclamation facility the David O. Peters. Is that correct? >> D Pet David D Peters. David D. Peters.
Um he's had I unfortunately did not know him. I met him once uh and didn't understand the significance he had for the city of Stewart. Um that's our most that's our most expensive investment in
the community is that water plant and as well it should be because there's nothing more important than safe and reliable water to our residents. Mr. Um, but it's quite a legacy because of not
only the presence of that plant, that absolutely state-of-the-art reclamation facility, but because if it weren't for Mr. Peters and Mike Mortell, the city would not be the Bellweather client in the United States in the one of the largest class action settlements in
history. and the proceeds of which will allow us guarantee that we will be able to provide a safe water supply for decades to come. And not only that,
the his impact on the staff was very evident. And that's a you know that's a wonderful legacy for anybody to uh uh provide a community and especially since
you know elected officials thank God we come and go u but staff remains and you could see by these service awards 30 years 35 years they're the face of the city they guarantee the quality of life they do the work they do the most
interaction and for Mr. Peters to have instilled such a high degree of uh expect so much from the staff in terms of uh uh quality of performance. I was very impressed by
that and I always appreciate the opportunity to meet all those people and uh I thought it was a terrific morning and it was a beautiful morning. So >> yes, it was >> um I'd like to thank everybody who took the time to be there and express their
appreciation for Mr. Peters. So Mr. Brand new spanking brand new city manager, do you have any comments for us this afternoon? >> Uh first of all, yes, I would like to say um the job is the job's a lot. You
know, it goes everything from attending a former city employees life celebration as one of the first things I had to do to signing 25 birthday cards. Amazing how many it blinds back to February and Valentine's Day, so it makes sense. And
so >> yeah, no auto pen in my office. But no, so you know, everything from signing birthday cards to, you know, managing water breaks, but it's certainly a it's a job that that is uh entailed and requires the rest of the staff. And I
can just say so far the all the staff has been incredibly supportive, but moreover, I I really appreciate the commission's um respect and trust in me to give me this. This is a big thing. I've spent 30 years of my life uh loved
and lost and cried and bled at the city of Stewart and it means a lot to me. I'm a Florida native, but I'm from Belglade. You know, you and I Belgade and it does the city. I've invested a lot of my life in the city. You know, my kid grew up crawling around city hall and that kind
of stuff. So, uh it means a lot for you to entrust me with running the the ship for now. And I would just like to especially say thank you to the commissioners for having reached out to the staff. The staff has told me that commissioners been there and especially Commissioner Reid. Thank you very much
for reaching out to Mary just now and doing that. That means a lot to us to have the trust and respect of the commission with us. I mean, we're your employees and we we're we're here trying to do your will and the and the policy of the commission. Other than that, I would also remind you that Jim Kruski
sent out the itinerary and the times to be picked up for the Veterans Day parade. So, he says sometimes you have a tendency to not read your emails and miss the times. So, please read those. We >> We would We're not going to mention any names. Please be there. >> I'll be there. I won't be at the Wells
Fargo. >> So, so but no, >> we'll find you no matter where you are. >> Yes. Other than that, just uh thank you very much and that's the end of my comments. >> Thank you. Welcome. Uh, can I get a motion for the approval of the agenda, please? >> Move approval of the agenda as
published. >> We have a motion by Commissioner Clark. >> Second. >> A second by Commissioner Joby. Any public comment on this? Seeing none, all in favor? >> I. >> Opposed? Okay. Madame Clerk, do we have any comments from the public on non-aggenda
items? >> I do. I have Tamara Phillips. Good afternoon, commissioners. My name is Tamara Phillips, and I'm going to read my statement if that's okay. I believe you have a copy. And there are no kids here, right?
Okay. >> Kids, >> I didn't realize it, but I'm also here tonight for the young lady who performed Zoe Mcnite. I'm here today to formally raise serious concerns regarding the conduct of Mr. Brian W. Child, artistic director of the
Barn Theater, and Mr. Terren Weber, current president of the Barn Theater. The Barn Theater is a nonprofit community theater located at 2400 Southeast Boulevard in Stewart. The information below is based on my direct observations and reports from multiple
current and former performers. In the current the barn production of Cabaret, four cast members departed just days before opening night on November 6, 2025. Two performers resigned voluntarily and two, including myself,
were dismissed on November 3rd, 2025. None of the four had previously worked with the barn theater and each expressed significant concern about the unsafe and unprofessional environment throughout the rehearsal process. The principal actress resigned after the board refused
to address allegations that Mr. Child engaged in cyber harassment, sexual harassment, and sexual misconduct on multiple occasions. I was dismissed after repeatedly reporting a sexually charged rehearsal environment and raising concerns regarding Mr. Child's
lack of professional directing qualifications. Additionally, a female dancer was dismissed without cause and a male supporting actor left voluntarily due to his inability to reconcile the behavior of Mr. Child and certain board members. The following issues require immediate
investigation and corrective action. Number one, unsafe handling of firearms. Actor William Silva, portraying the MC, repeatedly brought and carried a loaded firearm on stage during rehearsals without the knowledge or consent of all
cast members. He reportedly manipulated the firearm safety and loading mechanism in the presence of other actors. On multiple occasions, he displayed or offered a firearm to dismissed female performers, including one performer who reports being offered a firearm on three
separate occasions. Misrepresentation of credentials. Mr. Child publicly claims to hold an advanced degree, including a master's degree in musical theater from the Central Michigan University, and to have received professional training with
national touring groups. Independent verification shows these claims are false. Despite lacking legitimate credentials, he repeatedly cast the same circles of performers, many of them young, thus limiting limiting that their access to trained professional
instruction. The Barn Theater has an internship program for local students and those students should benefit from a mentor with educational credentials and a legitimate theater degree. Number three, conflict of interest. Reli Oh, is that my three minutes? I'm sorry.
>> No, you can continue. >> Okay, thank you, mayor. Number three, conflict of interest. Reliable sources maintain Mr. Child's family are significant financial contributors to the Barn Theater. This relationship may influence continued support for his
leadership despite documented concerns about his conducts and qualifications. Number four, sexual harassment and inappropriate conduct. The lead actress in cabarets reported sexual harassment and cyber harassment by Mr. Child weeks
before withdrawing as well as other concerning acts of unsafe and inappropriate behavior. Her concerns were dismissed by the board despite clear lack of consent and and evidence. Well, not lack of she had evidence.
Sorry, that's my uh subsequent conversations with members of the Treasure Coast Theater community confirm that this is not the first time Brian Child has harassed or intimidated performers of all ages, including minors. >> Okay, Miss Phillips, I'm going to stop
you right there. Not because these aren't serious accusations, but in fact, these are very serious. >> Yes, they are. >> Accusations being made about an individual who's not here. >> Yes. >> And able to counter them. I realize it's >> I'm not sure the role of the city in
this. Um certainly the sheriff can investigate uh conduct with a firearm. I don't know with open carry where that any of this stands at the moment. >> I did not know during a rehearsal process of many weeks that there was a
person standing behind me dancing with a loaded fire. >> No, I believe me. I don't want to go. That to me what was unacceptable. >> I get it. So this all the commissioners have a copy of the letter she's reading. If any of you wish to see the remainder of it, you may make a public's record
request and we'll be happy to provide it to you. >> I have a digital copy as well. >> Mr. Bagot, is there any role for the city? And >> this is a 501c3. I assume not. >> It is. And to be honest with you, I went I'm not a forensic accountant, but I was
a journalist for 35 years. Okay. >> So, I can go through these sorts of files and find things that definitely need attention that I cannot address. >> Okay. Okay. Okay. Okay. >> Sure. Uh there are some issues that could rise to criminal allegations which
uh have been turned over to the police department because it the barn theater is within the city limits and the police have investigated any allegations that would be handled by the police department. There are some others that would probably fall fall outside of that scope like sexual harassment. I mean, if
if if there's somebody physically touching um you know, people assaulting and battering especially minors, uh that that's obviously a criminal, but the statutes that she is citing to would be more of an employment discrimination,
sexual harassment in the workplace, which would be a lawsuit, civil lawsuit. But I know that the police department have looked into some of the allegations and I think Chief C could >> okay >> with very limited discussing what went on in the investigation because it's it's still open.
>> Miss Phillips, we'll start there and >> thank you. >> We'll see. >> And I'd like to say those statutes I quoted I'm not a lawyer but I played one on TV so they could be they could be right. Thank you for your time. >> Thank you.
>> I have William. Oh, I'm sorry. No, go ahead. >> William Raj. >> Good evening, commissioners and Mr. Mayor. Um, over the past couple of weeks, we have heard some serious allegations, significant
number of city officials in an official capacity as servants of the city of Stewart. A great many of these allegations are serious felonies, including fraud upon the court, perjury in court by an attorney, fraud upon this
very commission, male fees, violations of the Florida and federal constitution, and additionally, Rico and Hobs Act violations. Now, these are some serious allegations, and they demand thorough investigation.
You and this commission have the right and even the obligation to your citizens to conduct a thorian investigation to call witnesses to collect evidence and documentation. I suggest you get started cleaning up this disastrous mess instead
of investigating the three commissioners who were brave enough to bring this forward. The city of Stewart officials that are named actors and have roles in this alleged fraud and and racketeering scheme are the following. Michael
Mortell, former city manager and city former city attorney. Robert Kibrod, former city attorney. David Dus, former police chief and former city manager. Various building officials and planning
department officials. Sher White, the city clerk, including a couple of Martin County officials, the property appraiser, the deputy county attorney. The statutes that are implied by these or alleged
are 18 USC 1962, that was the RICO act, 18 USC 1951, that was Hobbes, 18 USC 241, Conspiracy against rights. 18 USC 242
deprivation of rights under Colorado law 18 USC 1341 and 1343 mail and wire fraud the Florida statutes 817.034 [Music] fraudulent practices
uh 119.01 162.09 09105.1 public records and permitting violations. Florida bar rules. Therefore, Mr. Mayor, I insist that and the citizens in fact
deserve and have the right to you office and this commission opening a formal investigation into the named individuals and entities and all alleged criminal activities. Preserve all relevant communications, contacts, and public records. coordinate
with the state and federal authorities as appropriate. That is uh what I am talking about here because it it seems that there were some serious allegations brought up and it's three commissioners that had the bravery to stand up and point some of this stuff
out are being persecuted and you need to be investigating the allegations, not the people that were brave enough to bring it up. Thank you. [Applause] Barbara Grass. I'm a little bit shorter.
Barbara Grass, 63 Southeast Polarmo Court. I've been a resident of Martin County since 1972 and a resident of the city of Stewart since 2006.
I am not here to discuss the merits nor the lack thereof of the firing of the city manager. But I am here now because of how you have now gotten into
my wallet, my tax dollar. I can only assume we are not going without a sitter manager. So we will fill it. How? Well, job posting.
Correct. Internally, little cost there, but not too much. letters of interest perhaps from some of your staff, from current city employers. Or I guess we probably could hire a head hunter. Whoops, more money. So a head
hunter money, new contract with maybe a higher salary salary if not out of the area, a relocation package for that. And then there is the biggest unknown of all. We get sued
and there's a big face. Because of your firing, how much is this costing me, the taxpayer, my wallet that usually I like to spend at the bar or the grocery store?
The answer should be expressed next in voting for commissioners. Thank you, Mark Breville. Good evening, Mr. Brebell. >> Good evening. I just had a quick comment based on some things you was talking about is we haven't had, I don't think,
any kind of relationship with our sister city, Hopetown, in a while. And I think it would be good because looking at what happened out there, you know, it would be good, I think, for us to get that relationship back up again a little bit. So, in case we do need and and they have a community out there that might need
our help through Hope Town. So, I just mentioned that because I think you you know, Ela's point, that's part of our overall community. They're pretty close to us out out here. And so, uh I just thought it, you know, be uh good to maybe get Hopetown involved again as our sister city. >> Yeah. Thank you. >> Thank you.
>> Uh if you remember, Mr. Breville, Mr. Sweden was here six weeks ago. >> Two months ago. >> Two months ago. >> Two months ago. >> Two months ago. >> So, he was in he was in town with his family to take advantage of medical care. Yeah.
>> Anybody else? >> Candace Callahan. >> All right. Hi everyone. Candace Callahan, executive director for Steuart Main Street. Uh Jolie, good to see you. Been a while. Commissioners, thank you for your ongoing support.
Mayor, for your ongoing support. I just wanted to give you a little Main Street minute. Talk about some fun things that are going on in our downtown. Um, I know it is somber times and stressful times. Well, hopefully we can bring a little joy this season. Um, I did want to give an update before our events because
we're not just doing events in the downtown. We do historic preservation and economic development. So, first and foremost, we have um selected our artist for our art mural project, our proposed art mural project for Flaggler Park. I'm hoping to be able to present our concept
to you in the next um few months. It is a busy time of year and you have bigger things on your plate right now. Um, historic preservation updates. Um, we have two efforts that we're currently working on that we've been working on and I hope to report um, those soon. It's just that I'm waiting on some stuff
from our good old state department. So, I'll be back with that information. We just had our sidewalk sale, our fall um, sidewalk sale this weekend. It was a big success despite the air show, which was also another wonderful event for our city. Um, kudos to them for a successful
event. But I do u want to um appreciate the community for coming out during small business or I'm sorry for our fall sidewalk sale. Um it was a very busy weekend. I was here skirting around on our little golf cart yesterday checking things out and it was uh it was humming. So we really appreciate the support.
November 25th is our Christmas tree lighting ceremony as I hope you all will know by now. We hope to see you there. Um and then November 26 is Small Business Saturday. Now more than ever, we encourage everybody to support our small businesses. Um, as the cost of
doing business rise rises, um, you should really be supporting your businesses all year round. December 4th, 5th, and 6th is going to be a busy week for our downtown. We have our annual winter stroll, the VNA's Christmas parade, which is another big event for our city. And, um, we are partnering
again with the Marine Industries to welcome the Christmas boat parade to dock here in our downtown this year. So, we hope everybody comes out for that. And that is all. You know where to find me if you need me. Thank you so much for your support. >> When is the Christmas tree lighting again?
>> That's always the Friday after Thanksgiving. >> Oh, you said the 25th. So 28th. >> 28th. Yes. >> That's what we thought. >> Yes, ma'am. Sorry. I'm thinking 2025. Yes. No. Okay. You should also get a email from our event coordinator for
that, but I will make sure to follow up with interim city manager and all the parties. Thank you so much. >> Thank you, Candace. Thank you. Thank you. >> Thank you for doing an update. You should do those more. >> Yeah. >> Yeah. I know. I know. I'm just saying. I
know you I know you do a lot. >> I'll be here, >> but it's nice. >> One more. >> Oh, yeah. >> Olga Hamilton. >> Miss Hamilton, do you want to do it now or with regard to item five? >> Okay. Okay,
>> that's whatever. >> So, Olga Hamilton 311 Southwest Street Stewart, Florida. So, I do appreciate we are still working on the scope of work
even all after this uh turmoil. What I do not appreciate the false information whoever put in the scope of work I don't know if it's uh city attorney or it's
guardian community resource management in continue the same shenanigans so why they put whoever it is three imaginary new windows and then they request when
these three new windows are removed They have to be in operational condition. Are you really expecting us to sign this scope of work on three imaginary windows that somehow appeared
in uh our building, we had out of 20 windows that had to be installed, we had only 17 replacement oversized windows that have to be removed and two original windows. And we do not have any windows in uh our
bathroom for uh year and a half. So currently we have 19 windows. We do not have imaginary three new windows extra to the 17 replacement windows. I will not address all other issues. We can
communicate and resolve it through the email. But I would like to address some uh statements, misleading and gaslighting public statements that were made by former city employee on the leading position. And I would like to
address first of all, we had our permits. We applied for the change of use at the same on the same day as a for remodeling for our uh bathroom with the full shower. I have all these documents
and they are all in our building department file. The shower, our master bedroom shower was completed. We received and I have email from Martin County right here. Our home
state we received uh in May 2020. We applied for the CBD CDBG program as homesteaded pro uh uh property and homebased business that everyone was aware of because it
was in our application and the federal court that governing the CDBG program specifically states about this is homebased businesses. So all these gaslighting how we committed fraud
especially with the CDBG grant that was COVID grant for 50 years and it was not 40,000 it was 26,000 for 50 years and I have a message from
our attorney he's bankruptcy attorney yes we apply for chapter 13 and he referred you to the United States Constitution article 1 section 8 clause 4 and look for the statistic how many
people due to some different reason applied for chapter 13 restructured payment due to health issues and when I was getting blind during the COVID and I had to be
scheduled on urgent surgery because I was losing sight and that contributed but we did not file seven. We restructured it and then when on the powerful position a person sitting there
and stating how we committed fraud, we had our conversation with the federal agent special investigation who responded to our complaint in July 2025. We are still here. We are still
communicating. Florida Commerce responded to our complaint in September 2024. We are still here. So I don't know how that very powerful
and hurt feelings employee stated how he stopped the fraud when we participants on federally funded program. left with incomplete roof with fragulent work with the replacement windows that has to be
removed and the contractor got paid from the federal funds. So we are looking forward to resolve this issue and move forward. I appreciate it very much and I also
would like to refer you to the uh 2022 video commissioners uh meeting on May 23 October 10 when the CRA director was discussing the vetting process on the program and they were brought issue with
the conflict of interest when Margaret it's on Margaret Bramfield with Yula Clark uh being the relative everything was was clear clear it went through the same vetting process
and >> thank you. >> Thank you. >> I have no further comments. Mayor, >> can I get a motion for the approval of the consent calendar? >> So, make a motion to approve this consent calendar. >> We have a motion by the vice mayor and a
second by Commissioner Gobi. Any public comment on this item? Seeing none, roll call, please. Commissioner Reid, >> yes. >> Commissioner Gio, >> yes. >> Commissioner Clark, >> yes. >> Mayor Rich, >> yes. >> Vice Mayor Collins, >> yes.
>> Commission action item five, Mr. Bagot, will you read item five for our consideration, please? Resolution number 102-2025, a resolution of the city commission of the city of Steuart, Florida, approving an extension of time for the community
development block grant housing rehabilitation program authorizing the mayor to execute all related documents providing an effective date and for other purposes. Panel, are you going to handle this first? >> Um, sure. Panel Gandhi Sabda, C, the RA
director for the record. Uh we still have two outstanding projects that we need to finish. We're requesting the board to authorize um the city mayor to execute a letter so we can submit a letter to Florida Commerce requesting a six-month extension to complete two of
our outstanding projects. Uh previously we had a resolution number 95-2020 that allowed the mayor to um sign any a uh grant agreement related um documents. Um but the commission has requested that anything uh related to CDBG grant um
request to Florida Commerce come before you for for approvals. That's why this item is coming uh before you. So staff is requesting approval of resolution number 102-2025 to authorize the mayor to execute all necessary documents related to this
extension. >> That's all I have. Commissioner Clark. >> Yes. I Hi. Good good afternoon, Miss Gandas. Mr. Bagot. Um, in light of the concerns and we know what the projects are, are
we absolutely sure that when we extend for the 6 months everything will be well with the um economic opportunity department and that uh any future grants won't be um
affected negatively. I just want to make sure that when we do this hopefully it will be resolved and everybody will get everything in and approved within that six-month period and if we don't is there any opportunity to carry this
further Miss Candy Sabus or would that truncate the opportunity with those grant funds? Um so we're hoping that we can um uh get that uh scope of work executed for the Hamilton's project by end of this year. Um the work there's
not there's not a lot of work to be finished. I we think that we could get the work finished within 3 to four months. Um so it's a pretty uh feasible timeline, six months extension. Uh the other project is a new construction. Uh
it's uh at uh 724 Southeast Bahama Avenue. Uh that house burned down. So uh we had to go through a whole site plan approval process. Uh we also transferred the contract from Patriot to A2 A2B development because we've removed
Patriot from all of our jobs uh moving forward. So that process took a little while. So, we're going to finish out that home and um and and Hamilton's project as long as we can get that scope approved in the next few weeks.
And do we have funds left over or that could be access to complete the other um projects out of the 11 that we didn't include in the first set? >> So, uh we do have the remaining balance
uh for the Hamilton's project. So far, we've requested $37,000 from Florida Commerce for reimbursement. Um, so about $43,000 remaining uh for reimbursement. Uh, and we're depending on the when we go out for bid, what that cost looks like,
we'll we're going to go back to Florida Commerce and request additional funding. um they do support um the city and um and Hamilton's um to come to an agreement so that they can move forward with uh approving any additional funding
that we need for this project >> and uh for the next cycle to start uh what is what's the likelihood of that? we would have to apply. We're not an entitlement uh city. So, we would
have to apply for the CDBG housing rehab program um and go through the competitive bid process and then um they'll have to review our application and determine whether we qualify or not. We we do have a good record. We we've
finished um you know total of we we uh committed to nine homes. We've finished seven homes, two outstanding projects. We also have the CDBG housing uh CDBG COVID grant. Uh we're moving forward with that uh for the project lift. Um so
we do have a good record with Florida Commerce as far as you know completing projects. >> Are we going to have a CRA meeting before the end of the year? >> CRA meeting in November. None in >> We do have a meeting in November. We
don't have a meeting. We don't have any meeting scheduled in December, but we do have a meeting in November. Okay. Coming up. Yeah. Okay. All right. Thanks. I'll talk to you before the meeting. >> Commissioner Reed. >> Yes. Thanks, Panol, for this. Um, one
question. Um, is this being addressed to Graham Marcarian because I thought he was removed from it. >> I did reach out to uh Leysa, who I've been coordinating with also, but she was out of the office last week. So, I I reached out to Graham um just to make
sure the ball keeps rolling with this project. >> No worries. And then for clarification, Ula, this is the third extension, by the way. >> Yeah. Yeah. >> Um that we're doing. >> Um so I don't think it affects us in that that sense. >> I just, you know, we can't go on
forever. >> Yeah. And and then also to clarify, I was the one that asked for stuff like this. It wasn't just CDBG. It was anything controversial. So, I didn't even know two grant extensions were signed prior, just like I didn't know the Bright Line lease was signed
over the weekend. Um, so that's why I asked for things that are controversial to be on the agenda. So, we were aware of things being signed by the mayor. So, but that's all I have. I'll make a motion then for approval of commission
action item number five, resolution number 102, 2025. Second. >> We have a motion by Commissioner Reid and a second by Commissioner Clark. Is there any public comment on this item? >> I have no public comment.
>> Okay. >> This is C. >> Yeah. I just I just wanted to >> Thanks. I appreciate the opportunity. Um we've discussed this at the CRB. Introduce >> yourself. Although you're >> Oh, I'm sorry. I'm Mark Reckill. Um 406
Southeast Finny Drive, Stewart, Florida 34996. I changed so I got to keep remembering that. I u I we we had discussed this at the CRB level and I kind of wanted to bring it up here for for you guys to consider. First of all, you know, we
were we're uncomfortable with this CBG program because it it appears that in many cases we don't have any control over it, but we have all of the junk that we have to deal with. And I'm not sure that we're capable of doing all of the stuff that they that we have to do
associated with it, including at this at the last city commission meeting, it came up that um one of these grants, these are residential grants. One of these was a residential grant who had an SBA loan approval in. Well, an SBA loan can only be made to business and it has
to be occupied 51% by business. So, you know, we're we're basically now are they do they not qualify? So, this thing seems to be a big morass that we don't want to be involved in. And I think the CRB was kind of that way and I think you guys might want to give some
consideration to uh um whether this is something that in its current form makes sense for us. Anyway, that's just the comments. >> Thank you. >> Thank you, Mark. >> I have no further public comment. >> Are there any comments or questions by members of the commission?
>> No, I'll deal with Mr. Mr. Bret Will's question when we discuss the future. >> Well, I think Mr. Breville is jumping the gun. U we're talking specifically about extending the existing program. Whether we want to get back involved is a very sensible concern at this point. I
think we all agree about that. So, seeing no other comments or questions, >> I have a question. I'm sorry. I didn't get a chance to hit my light. >> Go ahead. >> I'm just questioning uh Commissioner Reid mentioned that there was a Bright Line lease signed over the weekend. No, that was >> Oh, this is an old one. I was >> That was last year.
>> Okay. Last year. Thank you. >> But yes, it was signed over the weekend. >> Yes. Yes. Thank you. Okay. >> If it was It wasn't signed by me. >> Okay. Roll call, please. >> Commissioner Gio, >> yes. >> Vice Mayor Collins, >> yes. >> Commissioner Clark,
>> yes. >> Mayor Rich, >> yes. >> Commissioner Reid, >> yes. >> Motion passes. Mr. Bagot, could you read item six for our consideration? This is quasi judicial by the way. So if the commissioners would like to
follow along, it's the yellow sheet. Um it says I have to read it. So this is item six on the agenda. This is the second reading. This is the spice and tea exchange requesting a major urban
code conditional use located at 39 Southwest Oyola Street. Um And could you go ahead and read the resolution, Mr. >> Sure. Resolution number 98-2025,
a resolution of the city commission of the city of Stewart, Florida, to approve a major urban code conditional use exception to Glenn and Kimberly Gordon with Gordon Enterprises Stewart LLC, also known as the Spice and Tea Exchange
tenant at 39 Southwest Oyola Street, to allow a formula business to be located within the formula business area and to wave the required 300 foot separation. between formula business establishments providing for an effective date and for other purposes.
>> May I have a couple of minutes just to make a couple of points before we get started on this. Mayor, >> I wanted to point out that on the agenda, this is listed as a second reading of an ordinance. And I just want to point out that this is not an ordinance. This is a resolution and u this was an application for conditional
use. As the title said, uh you you will only have one public quasi judicial hearing and that's that's tonight. So, I just wanted to make sure you guys weren't thinking we're coming back for a second reading or that we already had the first reading and you missed it. Uh, there's going to be two main issues for
you tonight. Number one is whether to permit a formula business in the historic downtown area and if so, whether to permit such a business within 300 ft of another. And and lastly, I just wanted to point out that section 2.06.12 06.12 subsection C of our land development
code provides several standards that the that the commission shall that's that word shall again remember we've discussed this before shall apply to formula businesses seeking to locate in the downtown historic area the development staff's going to go through those and they're going to point out those standards in their uh in their
presentation and also give the definition of a formula business so I'll turn it over to them >> before we get that turn it back to you mayor Do the >> would you like clarification from Mr. Bagot? >> Yes, thank you. Yes, sure.
>> Before we go to staff or we try anything just to be sure that the actual wording on the the way the agenda is set out. It's probably just the way the agenda was typed with the word second reading. Is there any issue with um I
know that it says quai judicial with regard to the spice and tea exchange item, but is there anything that would um affect anything at all? I know that you've made the correction and you've you've said it, but I just want to be
sure that um somebody doesn't come and say we shouldn't have voted on it that day because of something. >> I I I it's not that we did anything wrong or inappropriate. remember speaking with the city clerk on how to put it on the agenda and by putting it uh as a ordinance second reading it
would point out to you five that this is a final hearing >> it if it was an ordinance we would have the the first hearing first reading and then you do a motion to transmit it to the second hearing and and so I'm just explaining that we have one hearing and
it's tonight and despite on how it's listed >> uh on the agenda I don't think there's a way to put conditional use instead of ordinance reading. >> We've had this a few times in the past and because it is a one-time reading, um it doesn't go under obviously consent or
even commission action. It uh it goes directly under second reading that notifies people that it's a final decision even though it's a resolution and not an ordinance. >> Is is your concern, Commissioner Clark, that it's improperly advertised in a sense perhaps? I just want to make sure
that we're all clear and that your clarification, we're listing it as second reading on the agenda shows that it's a one time, it falls under the one time final reading um category and that it should be okay.
>> Okay. Do the commissioners have any exparte communications to disclose regarding this applicant? >> Commissioner Reid, >> I do. I'm going to try to remember them all. Um, do you want me to name them? Yes. Yeah. I spoke to the applicants. I see
them there. I spoke to Max. Um, I spoke to my board member appointee, um, Scott. I spoke to Marcella, uh, Campbell, if I said your last name right. Um, I spoke to Candace, I believe
I mentioned it. Um, Candace I don't think ever called me back, though. Um, but we did talk about it. Um, I'm not sure anyone else. So, I might have mentioned it to Audra maybe in
passing or something, but other than that, that's and I spoke to uh Lee about it. Um, that's all I can remember. >> Okay. Thank you. >> You're welcome. I didn't speak to anyone, but I certainly had communication via email
from the Gordens and many people who were giving them commendations as for being owners um of a franchise. Thank you. >> Thank you. >> I um I've seen some emails. I spoke briefly with the city manager on this
project in dis discussing the the this the um the agenda and um I just know from the history and uh of you know formula based things and what is
something that's um not uh small close family um franchise type um or small close closely held uh cooperation versus a a bigger franchise
opportunity and um I've looked at it and uh I'm here with an open mind. >> Mr. Vice Mayor, >> yes, I have spoken to the landlord owner um Max, my CRB rep, Will Laughlin, Marcella
Campblower at the Main Street board meeting. We discussed that as the rep there. So with Candace and also Audra was there and then staff. >> Thank you. And I assume you read the emails that we all received. So yes, I
also any emails I received uh are on the city's email. Uh I have not met with the applicants nor did I speak with them surprisingly. Um I did meet with the owner. I believe his last name is Mr. Ducharm.
Is that correct? Um, I spoke with Ms. Campbler, I spoke with Ms. Moser, I spoke with Mr. Shear, I spoke with Mr. Mortell, and I spoke with our new city manager
regarding this item. And that is all. Thank you. Um, could you place any potential witnesses under oath, please, Mr. Bagot? >> Sure. Would all potential witnesses uh please stand up and raise your right hand?
Do you affirm that the testimony that you're about to provide will be the truth, the whole truth, and nothing but the truth? So, help you God. You may be seated. And will the development department please provide a brief summary of the agenda item including location, size of
the property, current zoning, zoning requested, and list the applicant's request to deviate from the land use development regulations. >> Yes. Uh, good afternoon, mayor. >> I would like her to have a taller chair in the future.
>> Good afternoon, mayor, vice mayor, and commissioners. For the record, my name is Michelle Arbazowl, planner one with the development department. I'm presenting agenda item number six, a request for a major urban code conditional use submitted by Glenn and
Kimberly Gordon with Gordon Enterprises Stewart LLC, the proposed tenant at 39 Southwest Oyola Street. The request is to allow for a formula business, the spice and tea exchange to
be relocate to be located in the formula business area and to wave the required 300 ft separation between formula business establishments. The 39 acre subject parcel is located at 39 South West Oyola Street and is
designated by the urban center zoning district. The parcel has a downtown future land use is within the formula business area and is situated within the city of Stewart community redevelopment area. The applicants are aware that the spice and
tea exchange is considered a formula business. In accordance with the public notice requirement outlined under section 11.02.05 of the land development code on September 20th, 2025, the applicant mail
notices to property owners within 300 ft of the subject parcel which provided details of the requested major urban code conditional use petition and included the date and time of the public hearing meeting. Additionally, the applicant posted one public notice sign
on the subject parcel fronting Southeast Oyola Street. On October 13, 2025, the applicant requested to postpone the hearing to November 10th, and it was granted by the city commission. The subject parcel and parcels to the
south, east, and west are zone urban center. The parcels to the northwest of the subject parcel is zoned urban plan unit development a UPUD and the parcel northeast is zoned urban waterfront.
The subject parcel as well as parcels to the north, south, east, and west are all designated with a future land use of downtown. Outlined in blue on the map is the boundary of the city of Stewart's formula business area. In accordance
with chapter 12 of the city of Stewart's land development code, a formula business is a retail business establishment including a restaurant that has six or more similar establishment located elsewhere which as a group satisfies two or more defined
criteria. The spice and tea exchange uh satisfies five criteria as a formula business. They share trade name and logos, a standardized menu, food ingredients and food preparation, merchandise is sold. They have common
advertising and similar signage. A formula business is not prohibited in the downtown area. A formula business requires approval by a major urban code exception. It requires the community redevelopment board consideration and
final action is met before the city commission. [Music] The merits of the exception are to be evaluated based upon the formula business criteria reflected in section 2.06.12
C of the city's land development code. If the board approves the applicant's requests, the following conditions will be added to the resolution. The proposed formula business will not alter the identity of the urban district in a way which detracts from its
uniqueness or contributes to a nationwide trend of standardized standardized downtown offerings. The proposed formula business will contribute to a diverse and appropriate blend of business in the urban district. The proposed formula business will
complement those businesses already in the urban district and help promote and foster the local economic base as a whole. The formula business will be compatible with existing surrounding uses. The proposed formula business has
been designated design and will be operated in a non-obtrusive manner to preserve the community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and an
unjoining sites. The proposed formula business meets all of the following fixed criteria. The size of the business shall not exceed 1500 square feet of gross floor area in the old downtown district. The space is approximately 1,318
square ft. The first floor street frontage of the business shall not exceed 35 ft in width in the old downtown district. The street frontage for this location is 24 ft in width. Architectural style, design, exterior
facade colors shall comply with the surrounding neighborhood and requirements of the urban code and creek district code. Code corporate structural elements and signage will be designed to be in harmony with architectural features and elements of the building and
neighborhood as approved by the development director. No drive-through windows shall be permitted. These conditions are reflected in the proposed resolution. The image shown represents the final appearance of the facade upon completion. The proposed formula
business signage, which will be properly permitted and fully compliant with urban code requirements, will be installed on this facade. According to the city of Stewart land development code section 2.06.12D, 06.12
point D. A formula business shall not be located within 300 ft. The city of Stewart development department, utilities and engineering, fire department, building department, and community redevelopment agency have reviewed the urban code
conditional use petition and recommend the application be forwarded to the city commission for final action of approval. The CRB based their decision on I'm sorry at its public hearing on October 7th, 2025, the City of Stewart
Community Redevelopment Board voted voted 4 to two to recommend that the city commission deny the proposed formulabased business request. [Music] From what I recall, the CRB based their decision on the assumption that only formula businesses will be able to
afford the high rents landlords are demanding. As a result, this trend threatens to display small businesses, which typically cannot sustain such elevated rental costs. Staff received support letters from Patty Oonnell with Gumbo Limbo Coastal
Chick uh Coastal Chick and Gumbo Limbo Coastal Kids, Ron Hart with the Dirty Hippie, Audrey Creech and many dignitaries from Mount Dora which are part of the commission package.
This concludes staff presentation. Following the applicant's brief brief presentation, staff and the applicant will be available to answer any questions the board may have. Uh would the petitioner like to make a
presentation? >> Good evening, commissioners. I crumpler. I am here on behalf of Marcella Campbell who had to leave early. Apologies for the second string. I'm going to do my best to present it accurately. I believe Jody, you have the presentation. >> Yeah, it's not recognizable.
>> Try that again. It's nice to see you presenting your us. >> Yeah. You Well, say that now. >> Shadows, you know. >> That is, you know, every once in a while I >> You have to come out. Yeah. >> It's Halloween time, >> right? Exactly.
>> I don't see. >> This is where we should do the community performance during the >> You're going to dance down. No, no, no. >> You're going to dance. Can you do a cartwheel? Perhaps >> maybe I'll give you a somersault on the ground. >> It's going to be too pretty.
>> Approval is contingent upon >> fair. Cartwheel very lopsided. >> Okay. >> Quit while you're ahead. Yeah. >> Nothing. Sorry. Is there technology?
>> Yeah, Darren comes out. It's bad. Where's the children? >> It's not open in here, but it's not being >> do not have rights to insert. Oh, look at that block. >> We logged on.
>> Yeah, because we don't usually let people in. Uh, if you could let me see if go through like >> it's too big to email. >> Pull it off. >> What would you like to call recess?
>> Fairly major. Okay, >> we will take stand in recess until 5:45. Oh, it's kind of like Zoom. >> Yeah. No, I've heard of it. >> Okay. I'm calling back into order this regular meeting of the Steuart City Commission for the 10th of November.
Thank you for your patience. >> Indeed. Thank you so much. >> Apparently, we've solved our AV matter, Mr. Crumpler. >> Yeah, I really appreciate your guys patience that I was just about to take the vice mayor up on the cartwheel for approval if I didn't get that. put this presentation loaded. So >> So anyways, as I said here,
>> part will anyway. >> Yeah, >> when we're done maybe. Um, so here on behalf of Marcela Campbell and Associates and wanted to go through and see how this one holds up. >> Watch the batteries be bad.
>> Is it on? It's on. I can I can click through. >> I spoke too soon. >> Do a full tech inventory. >> We're trying to ice you. >> We don't Aren't they the other kind of >> Okay.
>> Okay. >> Point that way when you do >> point this way. Got that. Super. Thank you. >> I check. >> Yeah. I like it. Um Okay. Okay, so just really quick, we're going to over we're going to really kind of go through some steps really quick for the record. Obviously, the process to achieve this
major code conditional use, you can see spelled out right there. It started on the 15th of May. We had our preapp meeting and our staff review. We did some public outreach. I'll talk about that. There was a CRB hearing. Um, additional public outreach and of course where we are today in the hearing
for resolution 98205. The questions before the city commission, as your attorney spelled out, are straightforward. To allow a formula business to be located within the formula business area and to wave the required 300t separation between
formula business establishments. Section 2.06.12C, which I'll read just once for this is the following specific standards shall apply to the formula. businesses in the urban center, urban neighborhood, urban general and urban waterfront subdists of the urban district. Number one is the
proposed formula business will not alter the identity of the urban district in a way in which detracts from its uniqueness or contributes to a nationwide trend of standardized downtown offerings. As you can see, staff agreed with that. The proposed
formula business will contribute to a diverse and appropriate blend of businesses. That requirement was met. The proposed formula business will complement those businesses already in the urban district and help promote and foster the local economic base as a whole. Again, that one was met. The
proposed formula business will be compatible with existing and surrounding uses. Also met, the proposed formula business has been designed and will be operated in a non-obtrusive manner to preserve the community's character and ambiance. and the proposed intensity of uses on the site is appropriate given
the uses permitted on the site and on adjoining sites. Again, Matt, finally, some specifics. The proposed formula business meets the following fixed criteria. The size shall not exceed 1500 square feet of glo gross floor area. The first floor street frontage of the
business shall not exceed 35 ft in width and the corporate advertising shall not be used which is visible from the exterior of the premises. Again, those were met. As you can see, the staff to the question of it should be located within the formula businesses area. They
recommended for final approval. And as far as the waiver for the 300 foot separation goes, staff stated at the hearing, the applicant showed substantial competent evidence that the application does not create any detrimental effects on adjacent land uses within 300 ft of the proposed
location. a cited example of the Duffy sports girl and Kwan's Chocolate's proximity. I'm going to take a moment and turn this over and I should also say just in addition to representing Marcela, I'm here also on behalf of the property owner owner Max Ducharm,
our council is Audrey Creech and also Kimberly and Glenn Gordon who are going to talk some about spice and tea exchange. Well, good afternoon. Nice to meet you, Commissioner, Mayor. Um, we're we're Glenn and Kimberly Gordon. We um are
here again to discuss our business. We've we've been owner operators of the Spice and Tea Exchange for about 12 years now. Uh our first location was in Tarpon Springs, Florida. >> And uh we currently have a location in Mount Dora, uh Sarasota and St. Arman
Circle and also in Fisherman's Village in Pontagorta. And now we are wanting to bring one here. And uh it's a it's a unique it's a uh as you'll see in some of the slides, it's a unique concept. It's a unique business that's very
successful on everywhere we've been. And uh we'd like to introduce that to you. So >> you have to face it. Oh, they said face it that way, but I guess it's working for you. It's good. >> Go ahead. >> Okay. >> Um well, just a little bit about who we
are. Glenn just, you know, introduced us. Um but a little bit about the Spice and Tea Exchange. Um it was founded in 2008 by a group of individuals. Um the the company was started with the goal in mind to bring the finest selection of gourmet spices, herbs, and handmix
blends. um sugars, salts, and teas and gifts all within an environment that inspires culinary creativity and exploration. Um what's really unique about what we do is we're not just a retail store, we're an experience. So when you come into the
Spice and Tea Exchange, from the moment you walk in, we say, "Welcome uh feel free to open the jars and smell." So we have apothecary jars throughout the whole store. And um we'll as we get on to some more of the slides, I'll show you a little bit more about what we we
offer. Um go on to the next part. I can't really see that. You want to talk about how the store is laid out? >> Well, go ahead. >> No, you go ahead. >> Um okay. So, uh when you when you walk
into the store, you'll see that um every store is unique to the area. Um, every store has a different layout depending on the space that they occupy. And um, so we have wood beams, we have wood shelving, we have displays that are made
from scratch, we have a variety of of, uh, displays that we purchase uh outside like from Hobby Lobby, those type of things. And then we uh decorate it with all of our jars and spices and culinary items that we sell in our store. And uh
you'll see with um some of the products here like Kim mentioned um we have over 130 blends that we custom make in the store. We have recipes that we follow and uh we make those within the store. Then tea is a big market for us. It's
actually changed over the last 10 years. Tea is becoming a a well-known item in the and used item in the United States. And um and then along with that all the variety of of salt, sugars, and uh other accessories that we've added along the way.
>> And let me speak to just the experience of the different products. So when I mentioned it's more than just a retail shop, it's an experience. So you do get to open the jars and smell, but as you make your way around, we um we do make the custom blends in the store. So we
have a section in the store where we're handmixing the blends. And while we're doing that, we're educating the guests on what you can use with the different spice blends. So, we have uh blends for um pastas, we have international blends, we have blends for grilling, and so
we're sharing all that. And then as the guest makes their way around to the sugar section, for example, we call that the adult candy store. Um we have a sales associate that will be out there, we have aprons, and in our aprons, we have little spoons. And so we offer the
guests um they can try any of them. We have little sample cups. So that would be in that section. We also have another part of the store because we have um how many teas do we have? A lot. >> 70 loose leaf tees. So the guests can um come up to our tea bar and order a cup
of tea to go either hot or iced. And while we're steeping the tea, because the steeping process based on the tea, you know, if it's a white tea or if it's a green tea or an ulong tea or a black or puer tea, it has a different steeping time. So, we're doing we're educating
because a lot of people don't really know how to make a good cup of tea. So, as we're we're making the tea, we're explaining the process of the leaf. So, the tea comes from one plant, the chameleonsis plant. So, we're describing this plant and then we're describing the
tea that they actually ordered. Um, and the the process that that leaf is going to go through to actually make the tea. So, every part of the store, we're creating an experience for the guest. And I think that's really important um to know the difference and and what we
would be bringing to Steuart in a retail experience. And as you can see here, the um these are different interiors of different locations and our buildout team, they come in and they actually pull in not only these features, but also some of
the local flare in the community. So, um, it really becomes a unique, uh, store within the community and it's it's actually it's kind of a breath of fresh air from people coming into normal like t-shirt shops, shell shops, all these things and then they walk in our store and then they just go, "Oo, this is
totally different." So, um, that's what we really bring to the um, the table here. And then this is just some drawings of our we actually have our buildup team do a drawing so we know exactly where everything's going to go within the space. And then um
>> I think I talked about that just the the >> what's that >> the jars there you can see. >> Yeah. So these are the jars. This is just we did have a video and but we're not going to take the time to show that since we had the little delay there. But um the whole store is lined with these jars and the guests can open the jars
and smell. Um there's a sales associate that of course is going to create the experience for them and tell them a little bit about each section of the store. We offer samples as I mentioned. You can go on to the next one. Um another um the bottom part is our vision
statement. It's creating and sharing the experience of a more flavorful life. So the locations, it's no secret we're in a franchise system. That's why we're here, right? Um but where we're located because we are small business. Um it's just Glenn and I. So we don't really see
ourselves any different than any other of the small businesses downtown. Um, so I wanted to make a point in mentioning that this is my favorite part and um I believe it was um Commissioner Clark, I really appreciated what you you talked
about earlier and that was the giving back part of um the the city of Stewart and it warmed my heart to hear that. And did you all receive the letters that um that I provided from Mount Dora? And that's one of the reasons we extended
this meeting because I feel like in the CRB meeting um we were a little bit misunderstood. But back to my point on what you what you shared um we're an intricral part of where we're located especially Mount Dora. We just shared uh
experience 10 years there and that's why I got the letters that I did. But we um we support kids on mission trips. We right now in the city of Mount Dora, I just had a high school teacher reach out to me and there's a one high school student, they're sending the kids to um
I think it's Australia this next summer and he couldn't afford to go, but he so they c they um called me and asked me would I could I give him a job over the holidays and we have actually done that. So he we've given him a job over the holidays to help him raise money so that
he can go with his the rest of his peers. Um, we give to the local, uh, food bank. We partner with all the other businesses on every single event that's going on in Mount Dora. Um, we're a part of the winewalk, which is twice a month. I mean, that's who we are. Um, yes, it's
a franchise system, but we are a small business. Um, we operate, own and operate our business um, autonomously from them. We're not controlled by them in any way. We make all of our own decisions and we integrate into the local communities that we're a part of.
So that's what I loved about what you shared because that would be us and and we would look for all of those opportunities to be a part of giving back and whatever that looks like in Stuart. Um, but you all did get the
letters because I had a letter from, not that I want to compare Stuart to Mount Dora, but I felt like in that first meeting, we had to have to give you a picture, right, of who we are. and we've been there for 10 years. And the letters
that I provided for you were from the mayor, current mayor, from the um previous mayor, from the previous mayor to that who was also uh the president of the chamber, from I think almost all the commissioners, from the um director of
economic development and public relations. And I did that because Mount Dora uh the population in Mount Dora is about 18,000 people and Stewart's a little over 20,000 and we just are
we're just one of them. Like we we all just work together and we we love our tourists and we love our locals and we all, you know, just thrive. And so I hope that gave you a little bit more of a picture than maybe what I don't know if you watched the first one or if you
were provided information from the first meeting that we were in, but I know myself personally, I was so nervous cuz I was just so taken back. I didn't know how to respond that I didn't I didn't get up and say anything cuz I I felt like we were kind of got clumped in with
something that we're not. And so I hope um with the help some of some other people that can articulate and help you see obviously you have this code in place for a reason and we respect it because that's we didn't go through
quite this process in Mount Dora but we did go through this but it was 10 years ago so they don't allow franchises there. Um, but they they we were an exception because we're unique and different and we offer a very um diverse
product line and experience that complements um the all of the clothing shops down there and the the uh you know the restaurants and the killins and you know it just it just adds to your community.
It it far from detracts from it. we would be an incredible addition. I went way off script, but >> thank you so much for your time. >> Thank you. >> Thank you. >> Do the little bit more to go if you want to.
>> Okay. >> Um, >> thank you. It's great to hear from from Kimberly and Glenn. I was very moved getting to know them throughout this process, the struggles that they go through as a mom and pop business, which is basically what it is. Sometimes people think that the franchisee gives
you additional power. Actually, it gives you a franchisee cost on top of all the other realities of running a small business. So, the part of the discussion of the CRB, and we're going to get into that just slightly deeper in a moment a little bit more than Michelle had a chance to even touch on it, but is the
issue of the identity. This is a good exercise I think that all of us will enjoy because as you noticed the first criteria was that the proposed formula business does not alter the identity of the urban district in a way that detracts from its uniqueness. We all have something that we love about
downtown Stewart. Downtown Stewart is Stewart is the county seat of Martin County, but downtown Stewart is where you take your friends, your visitors, your family. It's where you go when you want to have a nice dinner out and walk the boardwalk. It's probably you have memories of your kids playing along that
and going to events. It's where the fireworks are. It's where all of the Christmas events that Candace laid out earlier are coming up. It's where you go shopping for unique gifts. It's the heart of who we are. I mean, remember when my wife and I first moved here 25 years ago was the site of our first state in many sense. So, it is a special
place. How do we capture its identity? Well, the city's local development regulations don't really provide a definition for identity. So in the absence of it, we're going to, you know, you would rely on uh the standard practice which is um as defined by
accepted industry definitions. The planning profession defines identity of an urban district as its physical form, functions, social fabric, and experiential qualities. Those are what make it meaningful for the rest of the city. I'm going to go through those four
categories briefly. The physical identity is the form and design. So this is a built environment. This is what you see. Your architecture, the size and scale, the urban form, the quality of the streetscapes, the sidewalks, the lighting, and of course the mix of of
functions, right? It's residential, commercial, civic. That's what creates the activity. We're really kind of an entertainment district. Our downtown Stewart is largely. What is its functional identity? Its use and activity. It's defined by its its types of
economic or social activity it supports. So you see you see not just business and employment to some degree but you see a lot of culture and entertainment some residential and and some educational corridors. This again as I as I should have pointed out in the previous one.
These are preserved by this inclusion of this business. You have the number three that defines identity is the social and cultural identity of it. This is the human layer. You'reund you know 10 years old. um you
have a lot of uh of cultural history here, a lot of the buildings that that are captured their historic condition they were in long ago. So it's the significance of it culturally, you know, the institutions that make it up. This is kind of what planners talk about when they say a sense of place.
This is what they're trying to capture and that is preserved in the addition of the spice and tea exchange. Finally, and I think that Kimberly really spoke to this, the experiential and perception identity. We live in an era in which you can get virtually every product you want
without leaving your sofa. This is a challenge for people who are trying to get you to get out of your house and go places. And that's what we're really excited about by Spice and Tea Exchange because she described they do these interaction with visitors and guests just by opening up the aromas that are
going to waft out of this place are going to be inviting. There isn't anything like it downtown. And the fact that you could learn how to maybe do some recipes or some blends or mixes, this is what people want. Um, so you know, this is in essence the brand
identity that your community is constantly trying to promote, whether it's through Main Street or through your CRA and your collective efforts that is preserved. I would I would position to you that that is enhanced by this addition. At the CRB hearing on the o on October
7th, there was a lot of feedback and it was very interesting. The members there were positive about it in so many ways even though that may not seem to be reflected at force first blush in the final vote which we'll speak to in a second. They did say they would use the business. It was a great mix. They
acknowledged it doesn't compete. They acknowledge that it was complimentary. They like the fact that it would be hiring local people and also positions with upward mobility and that they're already in historic downtowns. In fact, that's where they prefer to go. And this is a really interesting one. Spice and
Tea Exchange has already been here before. It was here for some time and I'll show you some evidence of that in a moment, but I don't want to skip over the criticism. I'll start from the bottom and work up. There's the discussion of identity, which we just went over. There was also some talk about formula business restrictions and
there was like well you know if you come in and everyone gets approved what's that about? Well so the reality is is that this process is not predictable and it is not inexpensive. That's why I am representing here the building owner in this case. Um by the
time somebody wants to come through it it's really important that they've done their due diligence. Denials are not easy on anybody. So, a lot of the vetting takes place on the front end. There was some concern about big corporate conglomerates coming in. I think we would all agree no one wants to
see a McDonald's downtown. What's interesting, and it's not exactly analogous, but Fort Pierce has a historic downtown, and they open they're for 20 years they've had the same code. They're open to corporate businesses. They have a Dunkin Donuts that has not
led to a corporate onslaught coming and their code allows it. They don't even try to keep it out. This is the other one that was interesting and I can certainly I did some I did I went door to door to all of the businesses and talked to as many people as I could possibly could and I got some feedback
but that was this one the third point the second one from the bottom up. Rents going up was reflected among the conversation and the CRB members. Nothing to take lightly. We're all living in times where things are extremely expensive. Yeah, gas is a little bit more affordable. But I don't know about you, but I get two bags from
Publix and it was like 60 bucks. So, we're not seeing the inflationary relief we had hoped to see by this time. But, and that's reality when that's how when this is how you feed your family. And I don't want to gloss over that. But, it's important to recognize too that's not a part of the criteria that you're to consider here today. The role of the
relationship between a landlord and his or her tenant is not the role of government. also gets lost in the conversation is there are numerous factors on this. Some of them are the cost of commercial insurance. Some of the you know that's going up
drastically. So I mean there are many factors that are leading into why rents are increasing. Some of it is demand but some of it also is the cost on the landlords themselves. And again, you know, just to use something from the headlines, we live in a pretty conservative community that is
represented by conservative uh polit, you know, public officers. This is not mandami country where the government is determined by what's popular where you can get inside of the relationship that exists between private enterprise is that's you guys set the
table and then allow business to serve its citizens. And that's what we really appreciate about it. And that's why it's really impressive that the formula excluded anything like this when it was first envisioned. There it is. This is a Steuart News um
ad from 2009. If you can read what they used to call the folio there on the corner, April 13, 2009, a copy of Luminaries. There was an event put on for downtown Steuart Stroll even back then trying to get people to come out and experience downtown. You look at those businesses, you'll see a
lot of them that are still around today and doing well, including Kilwins. You see April Days, um, Gumbo Limbo and the Spice and Tea Exchange. So, it was here once before. Not the same owners. And the owner that left was went to the Southwest to be with her family for
family reasons. So, it wasn't due to business, unfortunately. Unfortunately, some people say, well, you know, we have a lot of standardized offerings that you want to be unique offerings, not just things that you could buy anywhere. You kind of come for the experience obviously and the beauty of downtown.
All of these things, nearly 600 brands right there that um are available downtown. They're also available pretty broadly in a lot of places. So, what's noteworthy is there has been a lot of surveys taken of how what we
want to see downtown and some of them go back a long way, but I've kind of pulled from the ones from 2018 all the way up through 2025, some are from Steuart Main Street, others from the CRA, and they these are kind of like the topline
things that came out to see what the public wants. Obviously preserving the historic character, walkability and pedestrian space for bike safety, enhancing the public realm, maintaining improving the infrastructure. The last one, you guys have done a great job of that. And also attracting businesses
that support visitor spending. I really feel like whether you come to to buy your tea from Spice and Tea Exchange or you come to enjoy tea while your spouse is shopping, that creates an experience that keeps you down there. We had a couple well-known folks who
laid in support. Many of you know Ron, you know, he he you can you got received his letter, so I'm not going to reread it to you, but he was supportive of this and saw its value. The same is true for Patty Okonnell, who also, you know, we all know her from her leadership over the many years
with the Downtown Business Association. This is the statement that I want to credit to Marcelic tries to capture in so many words how we feel about this very special part of our community. It's the heart of our community and keeping it vibrant, flexible, and welcoming to local and compatible formula businesses
ensures that energy flows throughout the city. The strong, healthy downtown doesn't just support its own shops. It sustains the neighborhoods and businesses around it. By embracing thoughtful enhancements and experiential retail, we keep our city alive, thriving, and resilient for generations to come.
So just a quick recap for resolution 98205 and its compliance with 2.06.12.C. It an addition of spice and tea exchange in downtown will not alter the identity of the urban district in a way that detracts from its uniqueness. It will
contribute to diverse and appropriate blend of businesses. It will complement businesses already in district. It'll be compatible with existing and surrounding uses. It's designed and operated in a non-obtrusive manner and it meets fixed criteria in square footage. It's um first floor street footage and no
visible corporate advertising. You don't even have to take my word for it. You have your professional staff and how they outlined it and their key points they brought up. It preserves the district's unique identity and character, enhances diversity and compliments existing businesses. Fits with surrounding uses and local
ambiance. Operates unobtrusively. No street solicitation. It's limited to only 1318 square feet in a 24 foot frontage. Obviously, those are below the threshold. There's no drive-through or additional outdoor signage, no visible corporate ads. The facade and signage must follow the urban
code and use muted colors, and it must harmonize with the building architecture. You can clearly see that's why they were able to recommend approval. Before we open up for questions, I just wanted to allow the property owner, Max Dasharm, he wanted
to say a couple words as well. >> I'm Max Ducharm. I'm the owner of the building. Uh I'm the one who's paying for Ike and Audra, not the Gordens. Um I think they've done a pretty good job of addressing the standards of the ordinance. I just wanted to speak as the landlord and someone who's invested in
the downtown. The law as designed is perfect. It's perfect because it gives the commissioners the ability to decide each case on its own merits. That's exactly how it should work. The Gordens are exactly the type of small business this law was designed to protect. This is the
type of small business that Steuart needs and wants. That's exactly the reason this use was approved before. I repeat, the spice and tea exchange was previously approved downtown with another operator by another city commission. Again, we're arguing over nothing here. This was approved before and it's a technicality that we have to
do this again. and it isn't grandfathered in. Now, I've heard people say that if we approve this tenant, we'll have to approve Dunkin Donuts. >> But that's a long-term what if. And in chasing that hypothetical risk, we are creating a very real short-term problem. We risk turning away a tenant who
strengthens downtown and replacing them with one who cheapens it. These pe those people are trying to protect against something that might happen years from now while actually hurting the downtown that exists today. And the truth, the truth is that long-term risk is no different whether
this is approved or not. Nothing stops Dunkin Donuts from applying tomorrow. That precedent already exists. It doesn't change one bit if the Spice and Tea Exchange is approved. The fact that it's a franchise doesn't make them a big corporation. It just gives them a
formula to follow, a playbook that helps small operators survive in a very difficult retail environment. They don't get help paying rent. In fact, it's the opposite. They have to pay for the right to follow the formula. It's the same way Kilwins operates. No one's think no one thinks of Bill Moore
as a big business. He's the best business downtown has. He is the anchor tenant. We should want more Bill Moors and the Gordens are the next best thing. From the landlord's perspective, I want to make a very clear point to the people who are opposed to this. We didn't pick the Spice and Tea Exchange because they
offered the highest rent. We chose them because we believe they'll drive foot traffic to our other stores. I have six other tenants and this is the smallest unit in our building. This wasn't about a few extra dollars of rent. This was about everyone's shared success. That's the exact reason that
our tenants are here today and they sent those letters. They understand this. This isn't landlord versus tenant. We're partners. The only way I succeed is if my tenants succeed. Again, this wasn't about rent. It's about helping the sales of my other tenants. You've heard the saying, a rising tide lifts all ships.
That's how I approach business. So, let me be blunt with everyone in this room. If it's not the spice and tea exchange, it will be someone else, and they'll pay more in rent than the Gordens are scheduled to. In fact, we've had multiple other prospects who've offered to pay more. But those higherp paying tenants would not be good neighbors.
They'd compete directly with you rather than compliment you. And if you think, "Oh, at least it will be a local," let me assure let me assure you it will not be. It will be a guy from Miami with deep pockets who has girls on the sidewalk yelling at people to buy t-shirts that cost 30 cents to make. And
that will be one small step toward turning downtown into a place Steuart locals don't want to go. >> Thank you. >> Okay. So, open it up questions. >> Yes. So
you had mentioned that these spice and tea exchanges prefer to go into historic downtowns. >> Well, the Gordens do. Yes. That's their experience. And and that's how they've done their other three stores. >> How I don't know if you guys know this,
like how many other Florida downtowns have this kind of have these shops, these spice and tea? >> I like number city >> guesstimates. >> Do you want to come up?
>> St. Augustine. >> Yeah. I mean, as far as locations in Florida, you got anywhere um there's there's a couple in the panhandle like uh Panama City, Dest. Augustine, there's two. Then you work
your way down the coast. There's not a lot on the east coast. down this way. You have a new store, Delray Beach, is opening soon and uh West Palm Beach has been open for a while. Been very successful there. Uh you have Naples going up the West Coast. You have our our two stores on the West Coast,
Fisherman's Village and also Sarasota. >> Those aren't all historic, right? Some of those are just >> Yeah. I mean, as far as historic um I mean, all of ours are in historic locations in Florida. Fisherman's Village, Mount Dora.
>> Do you have any idea how >> St. Arman Circle has been there a long time? >> Yes. Do you have any idea how many of these spice and tea exchanges are in Florida? >> I would say at least 10 to 12 >> are in Florida. >> They're like 96 total. >> Yeah. >> In the US,
>> they're nationwide. >> But if you look at if you look on the website, it's going to be mostly in historic or downtown markets where the people are walking and shopping. They're not going to be out where Publix and all these strip malls are. They're going to be in a smaller community because we
need we need people coming for the day to spend the day or the weekend in these communities. And that's what really drives our business. And these other businesses that are down here, they they thrive on people walking by their door. I mean, people I feel like there's certain stores that people will get up and say, "Hey, we should go down and and
and look for this item." But our store, people aren't getting up in the morning, hey, I need spices or I need teas. You know, you have some locals that do that because we've been there for 10 years now, but people that are walking by our store, they see our door open, they smell it, and they said, "Oh, we should go in here." And then we create a new
new guest at that time. So, >> does it does it seem like uh spice and tea exchanges are a growing market? Like more of these locations are going in? >> Um, it it was growing for a while. It's actually slowown for a while. I don't
think there's there's a big push like these other franchises. They're going to have hundreds or thousands of locations in the next 10-15 years. Um I'm thinking they may double in the next 5 to 10 years. They're the quantity across the country just because people really need
to pick where a store is going to be successful and that's that's what takes the time. And then if you find a good location like we've we've had to wait like Fisherman's Village, we waited three years to get in there because we knew that was a good location. Like St. in Arman Circle. We had the hurricane last year, so there's some availability
now, but before that, you couldn't get in down there. You couldn't get in because everybody wanted to be there. Small businesses wanted to be there. So, um, it's really just, hey, if if I'm going to invest this kind of money into open a business, I want to be in a successful location. And we we've learned that over the last 10 years.
>> That was one of the concerns because I if it was there in 2009 >> again, so that that wasn't the goal. >> I know it was 08 happened. So, you know, there's that. Well, that that was a family reason that motivated them to the the previous owner. >> No, I'm not saying it was you guys. I'm just saying generally this type of a
business downtown if it didn't do well in 09. >> Just a thought. >> This is no comment on how they performed economically. It was a family reason as to why she moved to the southwest. >> But generally, these are very successful and you would say they're trending up. We're seeing more of these.
>> So would you say that they're trendy? This is >> No, I think the only trend that's really got the last is the tea >> spices and spices and herbs have been around for years, right? It was the
trading. It was money, right, back in in the day. >> So, those are always going to be around and we just offer a different unique spin on it because we create our own blends for food. >> So, you can come in our store and say, "I'm cooking steak tonight. What do you recommend?" So, we can take the regular person that's going to cook something at
home and we can take it to another level just by adding a blend to it. we can make that chicken, that that steak, that fish taste amazing. So, but the really the increase we've seen in the last 10 years is the tea market. So, tea in the world right now is number two consumed
beverage. In the United States, it's number five. So, you have you have you have soft drinks, you have energy drinks, you have of course water is number one, but and you have coffee, but tea is actually is is I think 60% of our business now is tea and tea accessories.
is just really taken off. So that's that's really the push and that's how and we also do um >> uh we have a wholesale market. So we work with restaurants, we work with hotels, we work with private private people that want to collaborate with us and we give them wholesale pricing so
they can take our product enhance what they're doing. >> So we work we have quite a few wholesale customers throughout Florida. With regard to the previous spice and tea in 2009, was that before our code made these changes? When I look at the
ordinance, it's ordinance number 2010 around formula business. So, I think it's good that you use that as a reference, but I do believe that that previous spice and tea was before we made this formula business change for downtown formula. You know, I did a little I don't have the dates in front of me, but I did a little research on
the formula business code, and that's something that's existed in the city for some time, and it's gone through discussions and review. So, it wasn't like instituted out of the blue in '09. And that just happened to be the '09 date. Don't overly fixate on that, please. It just happens to be when there
they were name checked as part of a promotional event down. >> Maybe they predated that formula business is the point I'm making because it was in 2010. >> Well, the formula business, >> I don't believe so. No, the 2005. >> Yeah. Was that the original? >> Yeah. >> Just to jump in.
>> So, was it not a franchise? >> It was indeed 2005 when the original version of this came out. It was tweaked further after the fact. And that's why the 2009 version is the version you see today. >> 2005 was really when we started to see
this decision in the code to put more restriction andor control on formula businesses being a part of the down. was 05 >> 05 >> sir did the this may be too deep of a question did it go through that was it a was it a franchise at that time a
formula business at in in 09 and if so did it go through the conditional use process at that point >> we do not know and it's really not appp propo to this particular discussion I >> it's relevant if you have precedent that it already went through the conditional use process
>> we do not have that but that is also not one of our criteria >> we're making that point with it being there in 09. >> No, I Yes. So, it the reason why that was brought up, I believe, and please correct me if I'm wrong, but it is to show that this has been something that has been considered compatible, has been
considered a part of the identity, has been considered a part of the criteria and have met that criteria at some point. Now, do we know absolutely if that tea or spice and tea exchange went through the process you're seeing today? I cannot tell you that and I cannot
assure you of that because the process has changed over time, but it most likely went through some level of process because it was after that 2005 date, >> but we don't know. >> So, actually, yeah, Max just informed me that Steven Vitali was the landlord of the previous site and they did go
through the process according to Stephen. >> So, do we have I mean, that's something that would be important for this conversation, I would say, if that precedent is there. >> Well, they existed, right? So we do know that >> well it would be important as far as the
criteria it's been held by a prior commission to meet the criteria at least as far as identity as far as compatibility as far as not detracting as far as meeting the items that you the city commission are tasked to review this under. So it has been found at
least at one point in 2009 based off the new information to have met that criteria. Now you as always via this particular process you have control and ability to re-evaluate. However, nothing
has changed except the operator. >> And I I think to the point of you know I was trying to get at the trendiness of it because of you know item number one in conditional use approval that and to some extent this is subjective. There's no tangible metric on number
one, but you know, it can't detract from the uniqueness or contribute to a na nationwide trend of standardized downtown offerings. And if we are seeing more of these happening, I think you could make a case that that that it
might be that, but that um I think that's one point, but but really the major issue is the 300 feet. I think that that is a metric that is kind indisputable. And the real question is
how where's the next closest formula business to this proposed one? >> How far are you? >> You're zero feet, >> right? >> So, it's it's tough here, you know. >> How close is Killwinds to Duffy's? How
many feet would be an exception? >> So I mean you these already exist which is why your staff identified. >> Do you see the point? It's you know at what point do we stop you know if if distance matters right if if part of this being in the code is 300
feet is saying hey that's that's too close. Um zero feet would be very close. I mean it's as close as you could be your wall mates right. So >> is the precedent based on length or is it based on the fact that the 300 ft has
been um breached before? I >> mean you're asking me to interpret the intent of the code. >> No, just to basically I think it's pretty straightforward. proximity. That question has been already addressed and by current uses, currently approved uses, the waiver has been something that
it's already been uh made an exception for >> the the 300 ft. >> Yeah. >> When was the last time? >> That's why we mentioned Killwinds. Your staff actually cited Killwind's proximity to Duffy's. So as one example >> Mhm.
>> of prog of inside the 300 ft >> and and to to your point uh in terms of rent prices and market I don't think that's sorry >> one other thing I apologize I was just informed that uh Mr. Vitali did indeed go through this entire
process when I believe it was Duffy's that came on board after Killwinds was already grandfathered in. True, there is you have the control. That's one of the things of the process. But there has been a decision at one point
in our past at multiple points actually where that 300 ft has been held to be not as important as bringing in a solid business into the downtown if it meets the other criteria. Now, of course, that does not bind you, but it is a
>> right. I don't need you to tell me the authority we have. the in in terms of the character, right? The in terms of number one, right? Is this going to alter the identity of the urban district uh and its uniqueness? You have a metric
in 300 ft. You you you don't have a metric in number one on its own, but if we're going to say that having formula businesses within the downtown area that if it's going to happen that that 300 ft is where we're saying, okay, we're we're getting tight here now. Now we're
starting to lose our uniqueness would be my point. Not I I get your point that it's something we can wave if we really like these guys. And listen, I don't mean to come off overly critical with you. I'm just hanging on. I have weighed >> this this more. I've had conversations
with Max. I've gone back and forth on this probably more than anything recently. Audrey, you heard me at the meeting. I mean, I was going back and forth. I'm just hammering the points right now that have been sticking points for me. You guys are amazing. Your business is awesome. My wife will spend way too much money at it. I know how
great this would be uh for downtown in terms of a small business, but my concern is the uniqueness of downtown. And it to the point I was going to make, I don't think it's the job of this commission or the CRB to
get into the financials of rent specifically and try to uh set market rates, you know, and and this kind of a thing. But what we're asking this body to do is effectively open a new market
to to to give that landlord um new options at who might be able to rent there. So I I think you could make your your point in that, you know, we should not be dictating between landlord and tenant,
but also that this decision and it's not for me the the the reasons why I would make a decision here, but but to sort of counter and and and maybe not counter um add more nuance to your point. Either way, it sort of it does affect the market because we are opening up a new
market uh by allowing a you know, we're not tightening the range of who can be there. We are making an exception that allows anybody to be there >> which is which is a much larger demographic. >> I think there's two separate two
separate questions before you. >> Sure. >> One of it is does it meet the standards the formula standards for that district. Right. And the other one is does it warrant a waiver? Right. So they're they're two separate issues in both cases as you're as you're
>> warranting a waiver. Does it warrant the waiver of the 300 feet distance? Right. We can go back to you. Can you pull back the presentation of mine for just one second, please, Michelle? >> But how I mean that's a um >> I mean I'm just looking at the agenda
item as laid out by your staff. So right here, these are the questions before you pulled exactly from the resolution. No uh change to the language whatsoever. one to allow a formula business to be located within the formula business
area. So ascertaining that depends on the six different aspects of the of that we went through earlier. The next one is to wave the required 30 foot 300t separation between formula business. >> Can I interrupt you that sentence is a little bit confusing. Number one,
>> the first >> we're allowing a formula business in an area that excludes formula businesses. >> I mean we >> it's not a formula business area. That would be the greater city. But this is the one area of the city where we exclude formula business. >> So do we need we can pull up the agenda
itself because this is exactly as it was written. >> It's not my phraseology. >> Just a little confusing. Just maybe for the record. >> You talk to staff about that part of >> Jod's perfect. How dare you. >> I mean she is but it's okay. Um so just
to clarify um first it didn't prohibit it. What it says is it can come in with approval. >> So it's not a prohibition. It is we require a certain level of control. We require a certain level of understanding of what's going in there before you can.
Correct. >> But the 300 ft just just to get back to it. >> Yes. So you still you can choose to allow this exception of the 300 ft and decide
against it in the future at any time with anybody anybody. So to say that you are creating a precedent by allowing you know by still insisting on the 300 feet even though like you said the concept is wonderful. Even though like you said you
truly believe this will be an addition that brings life even more life to downtown. You do have the ability to reinstate other conditions, but also make sure that you continue at another earlier
later point with another applicant if you so choose to reinstate that with no push back because this is a conditional use approval. >> Can I make a point? >> Of course. Um, so
to to that point, right, I I get the I get the concept of you're waving the 300 foot rule because this is such a great business, but the same kind of thing could have happened with many other units downtown
that fit the criteria otherwise, right? Um, I mean, hypothetically, we could even wave the 1500 square foot thing in conditional use and Googan could be Starbucks. Um, any of those perfect little charming
downtown truly mom and pop, no, no offense, you guys are great, but could could have been, you know, Black Marlin could have been a slightly off franchise. It's not Kurabas, but it's, you know, somewhere in between. Where do you where do you
draw that line of demarcation? And you know, for me, I I hear you, Max, on if it's not these guys, it's going to be the, you know, Miami t-shirt shops and girls on the sidewalk in bikinis. But
that that feels like terrorism to me when you're saying that to me. And >> it just creates a vivid picture. That's all we you know, just colorful. He's got a very colorful fertile draws the picture of it. That's definitely obviously we know what we want to protect and do downtown. But but this is
this is what I'll I'll end with, you know, because these are just I'm kind of sharing my thoughts out is >> I appreciate that. >> If if we continue to do this kind of a thing, my concern is that we're going to see more and more chains
within 300 ft downtown. And I love the nature of that of your business, but I I I do fear that that would be the future. And you know, we'll see how everybody else feels, but for me, those are my concerns going forward that I I don't
want to see that happen to this downtown. Uh this is a really cool business, but it is trendy. It's happening in a lot of coastal downtowns and, you know, we'll double over the and I want downtown Stewart to be different. And my hope is that some, you know,
other cool shop might come in and not be just a t-shirt shop for Miami if if I don't open the the, you know, the gates to in this particular parcel of franchise. >> Well, arguably those gates are open. So, I want to speak I want to go back to a couple things you said. They were open with V2, they were open with Killwinds,
they were open with Duffies, they were open with Mulligans. You have formula businesses downtown. It's interesting because it revisited a lot of the conversation around the law. >> If I was here, I may not have voted on that. >> Okay. But you know, the law is the law, not like that you as it exists today,
right? We don't base the law on who was in charge x number of years ago. This is a law now. >> Conditional use. >> Well, the conditional use applying the formula and the word shall, which I believe council emphasized the significance thereof at the top of the meeting. It's an important factor to
keep in mind. But that requires me to wave the 300 ft designation >> of which there are a couple aspects and another one is the fact that that's already been waved. So precedent for its waiver well >> not in this case >> in in existing use. We go if we go
outside right now and grab a burger at Duffy's and go get a you know a ice cream cone at Coins. We're not walking more than 300 feet to do it. So if your contention is that >> it's your staff's contention >> that precedent is there then what is the point of even having this in our code if
anybody should be able to come in and we can't say no >> clearly that makes no sense >> it didn't not anybody didn't say anybody you have to meet the criteria >> meets the other criteria >> so just kind of getting this is why this why it's so important because this is a fascinating theoretical debate united by
a common theme we don't want to see the identity of downtown Stewart compromised >> agreed >> that's where we're 100% agreement. Got it. Now, so that's why it's so important here. That's why I stick to the words on the page. I don't like to read to adults on a on a PowerPoint. It feels infantiling. I'm not trying to do that.
But the reason why I'm not going to do it again, but the reason why is because we don't have to just do the exercise even though it is good >> sodoko for the mind, right? But um that's why that you guys have this in place. Those thresholds weren't just arbitrary. By the way, the 13 ft
threshold as far as uh your you know square footage and also even like the the length of the storefront. I'm told that that was based on some other downtown areas where like the gap might go and purchase a lot of storefront. Maybe they're not doing as good there.
So they kind of just let that one sit on their books and they bottle it up and tie it up. So you did obviously no one wants to see that just like no one wants to see an empty downtown storefront. I mean, it's bad for everybody. So, that's why this criteria is so key. Obviously,
I gave extra time and attention to the the first one out of respect for the debate that took place at the CRB and also the fact that it isn't defined in your LDRs. So, that bunch punch, you know, punts you to another criteria to consider. But, I mean, we are, you know,
on this 300 foot, which is where I I follow on the expertise of your staff. They went to existing precedent and hence hence the things you have by which to make a decision. I do really
appreciate the fact that you're that you're um open about grappling with this issue because you know I'm sure just like to you as to me to all of us downtown is deeply personal and this character identity is key and I had the
privilege like I say of talking to a lot of different shop owners. It was a really It was really great because a couple people It's kind of good to do that old school kind of, you know, doornocking. Basically, you hear people's honest raw opinions.
>> Everyone was very considerate. Some people were, one lady in particular was a little on the fence, but they all said one thing. I don't want another clothing shop. >> Yeah. >> There are too many. We have too many and we're competing with each other. I want something that's different than that. I
only had one lady who really wasn't very friendly and that's fine every you know that that's reality. It's decent odds though. So >> kind of you not to say you. >> Exactly. Exactly. But you know um is there any other questions? >> That's all for me. Thank you. >> Yeah. Thank you, >> Mr. Mayor.
>> Uh Commissioner Reid was next. >> Oh, next. >> Yeah. I I don't think the intent of the formula business was particularly towards the spice and tea exchange. I think most of us have moral compasses that wouldn't want Starbucks here. McDonald's and the whole nine yards. My
opinion is um let the consumers decide. I mean, if the spice and tea exchange isn't going to make it, downtown Stewart's going to let them know. They won't patronize them. But that's where I stand on it. Um and as far as the 300 square foot
separation, um that might have been the intent to limit it. Um, as far as our land development code, we never even looked at this during the zoning in progress. Um, it might be something to go back and look at, you know, Vice Mayor Collins,
just to see, um, if there should be a hard number established in there that you don't want formula based businesses, but >> it is 300 ft. >> Yeah. I'm talking about like a like if there's only five allowed in downtown and you know what I mean like a hard
number of actually formula based businesses even if they did get exceptions in the code. Um and I think that would further protect downtown Stewart then if that's what our concern is. But I say let the consumers decide. >> I appreciate that market that uh you
know market friendly attitude too. Just a quick thing, a another local government that experimented with some pretty restrictive stuff and does in fact experiment with restrictive stuff was Lakew Worth. You know anything about Lakew Worth? They've got some interesting ideas of how far governance
can go and they tried to prevent anybody even remotely in this realm from coming in. It didn't work. It hurt their downtown. They had to walk it back quite a bit. So, you can mean well and overreach and I believe that that certainly they've been a good cautionary tale on that on a lot of fronts. if you
do a little bit of research. Commissioner Gobi. >> Yes. My question is for the city attorney. Okay. So, we have this code and we a one-time exception does not negate the code. I mean, we're making a
one-time exception. Would that not be true? >> Correct. I mean, it that's why it's a conditional use. If you make a one-time exception, it doesn't mean you have to the the the floodgates don't open. You got to let everybody in. they still have to go through the same process, >> right? So, this commission or another
commission I I think that everyone in the room and everyone on this dis want >> downtown Stewart to remain unique as it is. Um, but I I've been to the spice and tea stores and I think they are unique. I think that they would bring another element of people into downtown. Uh, I
would like to see a few restrictions and I've spoken to the corporate headquarters which they're not adverse to what I had asked and um, but uh, I think that's my only the only thing I have to say right now. >> Thank you, Commissioner Clark. >> Hi. Thank you. I probably should have
talked to staff before, but um I thought that maybe they would have looked at the history, but I definitely know that when we had the goldfish clothing that came into the area, the same kind of discussion came up and because of so
many unique characteristics of the marketing and the how they procure their goods and how they do things and the purpose in which they do it, especially the community oriented ed purpose. All those things were taken into consideration at the time when we had Go
Fish come in here. I think their closest store was in Melbourne or something. But because of what they do basically for the world, um it was important to have them here in Stewart and they were approved to be a part of the um the the
historic area. So yes, we do have, you know, names. It's not Starbucks. It's not McDonald's. But that's why we have the criteria and the ability to um vet them and agree with whom we led into
that area. And I think that this will be uh an advantageous um business for our downtown and for the flavor and the ambiance of what we want
and have and try to create and keep in our downtown area. >> Thank you. >> Any other comments or questions from the commission? Does the petitioner wish to offer any additional information before concluding its presentation? Commissioner Reid. Yeah, I had a
question. What what restrictions? I guess can we talk about the restrictions, Commissioner Gio? >> Yes, we should. >> Certainly. >> What were the restrictions? >> Well, when I spoke to corporate, um the the restriction was that that would there would not be not only just the Gordens, but there would not not be
another spice and tea franchise opened up in Stewart. That's one thing having it downtown, but they the Gordens wouldn't be able to. And another franchise person going to Spice and Tea would not be able to open up in the Stewart. >> In Stewart are just a historic area. >> No, in Stewart.
>> Okay. So, you're in the city. >> Yeah. Citywide cannot open it. It would be unique to downtown. It would >> If you wanted that product, you'd have to go downtown to buy it. >> We allowed Commissioner Gobi to conclude her remarks before you answer a question. >> I have a question on that. Okay. And this might be for the applicants. Um
that restriction of not allowing any in Stewart. What's the franchise? How far away does each franchise have to be from the next for >> Well, >> how >> I spoke to Tatum Cruz and she said if
you wanted to put a restriction within that's not answering it. So like it actually might help you then that that condition by the way because what happens is you'd be the only one in downtown >> Stuart none competes someone else. >> Correct. that's basically helping right the applicants because they are
independently owned. That's why I was curious and I I would like to think that the franchise they won't allow you within like they don't have any limitations. So they don't protect their >> limit number but
>> come to the microphone right >> can you come to the mic please >> can you please can you come forward to the podium please >> I figured they wouldn't allow it but that restriction would be a benefit to you guys >> and to us we're getting too business
>> the franchise would not allow us another store to come into the Just like you wouldn't come to Mount Dora and say, "Hey, we're going to put a store 5 miles up the road." They're just not going to do that. And >> they want to protect you. >> They want to protect us and they want to protect the brand. They want they want
they want to they don't want two stores within a certain area competing with each other and then then they have two stores that are not successful. >> They want you to succeed and be >> they want one store that's going to be successful in that area. So, >> thank you, >> Commissioner. I'm going to allow you
have additional information regarding the your comment. Okay, go ahead. >> Even though the franchise allows it, I mean, in five years, 10 years, the franchise could change their code of what they allow and what they don't. That's why I'd like it the restriction to be at the city level. So, that would be protecting that downtown, historic
downtown, would have the only spice and tea in the city of Stewart. >> We like the unique factor being preserved reliant. Perhaps you want to make a motion and make sure it includes that, Commissioner. Do you? >> Yes. When the motion is made, >> Commissioner Clark, do you have a question of Mr. Bagot regarding that
restriction? >> Do you telescope my question? No. >> I'd like to address Commissioner Job's >> Yeah, please. >> So, the franchise is not an applicant here. >> You can't bind the applicant. You can bind the applicant from opening up a
second franch within the city, but I don't think you can bind >> franchise >> the franchise or someone else that wants to open up a tea and spice in the city. It just >> they're not here. You're not binding. It's it's the development orders between their company and themselves in the
city. >> And if they met code, why can't they? >> And I thank you. >> I mean, somewhere else in the city doesn't have the same restrictions as downtown. that. >> But on what grounds would you would you prevent >> another not even an applicant, a
business owner of Spice and Tea, a franchisee from building if they met code or opening up if they met code. You can't >> Well, as I said, the corporate the corporate headquarters had no they they were fine with putting that restriction in. So they're they're actually saying
that if you did that then they wouldn't even offer a franchise to anyone in the area outside of within the city of Stewart, >> but it couldn't happen at the city level. I think is Lee's point that something corporate might be interested. >> I think Commissioner Clark continued to
ask her question regarding this. >> I say let the let the corporate control their own thing with their own people. they know what they're doing in their business model to make successful um spice and tea exchanges.
But with regard to us dictating things happening in the county or somewhere else >> or or outside of this formula district or downtown, I just say let they'll do what they need to do. I think we're
fine. Lee's answer is correct. Are there any other questions or comments? Um, does the petitioner wish to offer any additional evidence >> or information? >> The only thing I will say >> have to come to the
>> Sorry, >> just one more thing. The um because my husband mentioned something about the franchise doubling. I just wanted to let you know that if this if we move forward and open in Stewart, we will be the only Spice and Tea that has opened the entire year. That gives you a perspective about
the franchise like growing or doubling or whatever. >> So, he was optimistic. >> Thank you. >> Okay. Thank you. >> Okay. So, the presentation of evidence has ended and the hearing is closed. Mr. Crumpler, you may return to your seat.
Does any member of the public wish to make a comment? Do we have any public comment on this? >> I do. I have Mark Breville. >> It's the trifecta this evening, Mr. Breville. >> Mark. >> Hey, thanks. I don't usually do this. I don't do this many times. Mark Breville, 406 Southeast Finny Drive, Stewart,
Florida. Um, what the reason I wanted to speak tonight a little bit is um because of the struggle that we had at the CRB level. And and Chris, you hit it kind of on the head in terms of I think you're going through some of the same things that all of our members went through. And we voted for two against allowing
them in. But the two that voted for them, it was really because it's better to have a great business like they obviously have than an empty window, you know. So when you really boil it down, it all came to the same conclusion which
was, you know, do we encourage b a business that could succeed to come downtown or not? And my problem with the thing and and I think some of the other members is that the criteria that first criteria has not
you mentioned Chris it has nothing in it that allows you to to use any kind of other than an arbitrary type of conclusion. And I don't care what an attorney says. When an attorney tells me there's no precedent set by an action that a board takes, I can tell you
that's probably not going to be the case. And you know, the bottom line is this is going to, you know, how how do you've got a a corporate franchise that has over 92 locations around the United States in all the major high-end cities.
You know, how do you how do you keep somebody else that's got 92 franchises from coming in? How do you say to Ruth's Chris, you can't go into the corner down here and and take over? You know, our anchor stores are are the restaurants. But, you know, so what I'm what I think
we're looking at is, you know, is not this situation. Everybody loved them and loved them as owners. I mean, that was no question about that. The issue is what is is the next one. And what I would say is we all looked around at one point in time and saw all these apartments and we said, "How the heck
did that happen?" Well, I'm telling you, it's my problem is that that is going to force out if I've got four franchises, I've got four places to smooth my income. And if all of a sudden we have a rainy May in in uh Stewart, maybe I had
a good sunny in Mount Dora, you know what I mean? So, we're we're creating a situation where the next level has to be a larger store that can that's got multiple locations and it's going to force out the small mom and pops. Now, that's not always bad. I remember when
we had people in downtown that the shops were open from 10:30, 11:00 until 5:00 in the afternoon. Everybody went home and it wasn't open on Saturday and wasn't open on Sunday on Sunday. And when the rents went up, those people couldn't afford to do that anymore. And so that created a better environment for
downtown. So I'm not saying it's necessarily good or bad, but anyway, that's that was the consideration. >> Thank you, Bill Moore. Good evening, commissioners. Bill Moore, uh, owner of Kilwins Chocol and Ice Cream downtown. So, I am one of those franchises. Um, I came in in 2000, so I
didn't have to deal with any of this. But, um, to a few of the things that have been said tonight, so the ordinance did come in in '05, right? So, and we've had businesses come and go. Some have come, some have stayed that are franchises that were approved. Go Fish being one of them, Monkeys being another
one. and we haven't seen the onslaught of franchise type, you know, operations wanting to get down to Stewart. Um, I think our size is unique in that, you know, you're not going to get a Ruth Chris. They're not going to come into a market that's this small. A lot of other
concepts want, you know, uh, I would say Starbucks would never want to be in downtown Stewart without a drive-thru. We're just not a big enough market for them. Um, you'll see it in Chicago and places like that. So our our small our our what makes us unique is our size and then you do need niche businesses.
Kilwins is a niche business. We don't work in a strip center. Never. We're a foot traffic driven. We got to be surrounded by 20 or 25 restaurants for us to survive um and and and and thrive. But um so those are just you know you know we've had this ordinance for 20
years and we've had exceptions made. We've had waivers made and they've been waved for the uniqueness of the business the 300 ft and such. Um so you know rarely one of the things I want to say we have no idea what's if they don't go in what could come in. It could be good
bad fantastic. We just don't know. We don't want another you know and I don't think Max would do this to us but you know it could happen in any sot in downtown. We could get another one of these crearies where you're assaulted on the street every day by those people that come out and try to put cream on your face and offer you stuff. I mean, they drive us all crazy. They violate
the codes. They put their umbrellas out over and over again. These guys would be good, you know, tenants. They would be good neighbors. I can just feel that from meeting them. So, you know, I'll just close with this. Rarely does a commission get a chance to actually help kind of um pick a business to come into
downtown Stewart. And tonight, you guys have that chance. Um and I think these guys would complement what we already have. That's you know a lot of people have said like um uh um we heard earlier that clothing store and you know this could answer that uh question. So thanks
guys. [Applause] >> Lillian Peterson. >> Hi Lillianne Peterson. I have two stores here in downtown Stewart. uh Arento Jewelry and Ana Capri. Um we have been here since 2002 and um we've seen a lot
of changes um happen here on the street and when we first came there were a lot of empty spots. They did get filled, some come and go. Um and we did see you know some succeed and some not. But um I feel that over the last few years we had
a lot of stores that really stayed and then now we have some empty stores and it doesn't look good for downtown. And um I think that the Tea and Spice Exchange is a good fit, a really good fit for downtown. You know, they offer something different. They offer um you
know, like the they do classes in there. They, you know, they teach, they, you know, I think that people are gonna want to bring their family down and say, "Hey, you know, I was downtown last week and they, there's this cool spice and tea shop. It's not just tea. They have, you know, they rub spices on like the meats and they teach you how to do
things and they just they do it right." And the other tea place that was here, Chris, the tea and spices exchange, I was in it many times. I knew one of the girls that worked there, it didn't work because they didn't do it right. That's the bottom line. They didn't put all of the stuff out on the wall correctly.
They went in and they had just like brown shelves and white walls and they these people, if you see their videos, they do it right. They do it the way it should be done. You go in and it's experience. They had a smaller spot there. They the tea and spice and then
they enlarged it a little and then you know it got a little difficult and what and they were in the spot where go where monkeys is and it's not right on the strip where where they are where we are. It does make a difference. It really does make a difference and you know they had double the rent now and then they
had some family problems and you know it just it didn't work. But it doesn't mean that the product wasn't good product. It was it's a great product and people today, you know, they really like, you know, getting something different and they, you know, can be, oh, look at look at this. I got they didn't bring it this
time, but last time they were here, they brought in their their little samples and they passed it around. You could smell it all and it was it it was nice. It was I was like, "Oh, this is like being on the Shark Tank. These guys are trying to sell this." And it's like, "Wow, they're doing a great job." So, I was hoping then that we could have them
come because they really are going to bring something different and we need to get this downtown. You know, we have some empty spots and there are a few people, two stores now that I know of now that are going to be leaving. If we have five, you know, empty storefronts, people aren't going to want to come down
here. We need to make them want to come to downtown. have a unique place and it, you know, it just keeps changing. But, you know, if they're going to be an asset that, you know, they're going to be open, you know, different hours, they'll be open a little later. They're going to be open on weekends and, you
know, they're going to have they're going to teach their uh, you know, their help correctly and, you know, they're you're going to come and your wife's going to come and you're going to say, >> way too much money. >> Why? But, why didn't we do this sooner for that? >> Were you alone? You're going to want them to come sooner and they will make a
difference for downtown. They will make a really good difference. >> Thank you, >> Gail Goldie. >> Okay, we'll talk afterwards. >> Good evening, commissioners. Gail Goldie, 1153 Northwest 12th Terrace in
Stewart. Um, I just want to say I think that this store, uh, this, uh, tea and spice is a beautiful idea. It's merchandised beautifully, but I would also like to say I've been in all 50 states and hundreds of downtowns.
And I'm really concerned about using losing the uniqueness of our downtown when you get into franchises. I remember back in the 80s when I was in um San Diego and there were Subways were
popping up all over in San Diego and so were Starbucks. I enjoyed coming home because we didn't have that here. There was no uniqueness out there and I'm really afraid that that's what's going to happen here. I think as I said they
have a beautiful, beautiful plan. I think it looks wonderful. My concern is, as Commissioner Collins mentioned, about changing the 300 foot requirement
because once we start making exceptions, that sticks the foot in the door and then the door slowly keeps opening and opening and opening. I'm afraid that one day downtown Stewart is going to be one
franchise after another. Uh, I don't know how many franchises the the couple here uh purchased when they bought the franchise because years ago, I don't know if it's still the same, but when you purchase a franchise, you also have
an option of buying a footprint for an area. And um I don't know what their plans are for the future of opening any others after this. And regarding Mount Dura, Mount Dura does not allow franchises. However, there's a franchise
there and um I just am really concerned about uh that continuing to happen. >> So, thank you very much. >> Thank you, >> Clay Sharer. >> Good evening, commissioners. Uh Clay Sher, uh 200 Southeast Four Winds Drive.
Steuart. Uh, I come to you this morning, uh, as you know, I'm a member of the CRB, but um, >> it's not morning, Mr. Shear. >> Oh, sorry. Good evening. >> I mean, our meetings are long. They're not that long. >> Um, yeah, it does feel like it
sometimes, but the um um I come to you as uh as just a simple little guy, resident, uh, not a member of the CRB. I was unable to attend the CRB meeting so I was not part of the discussion but but I've just um I've only my only background on this is is listening to
the discussion here at this uh hearing tonight and I think um it's been very interesting and I part of it is your role is to interpret the intent that's tricky the intent of the code and the rule and so on right so I would just
offer that um you know the the the rules around the regulations around uh formulate businesses in downtown. I think we can we can we can understand why that exists and what the intent of the folks who put
the rule in place. Uh the examples of um Starbucks or McDonald's and so on, those are pretty clear as uh Commissioner Reid mentioned. Um, this one appears quite different and actually you you've heard quite a bit about folks
who like the offer of the of the of the retailer. They would enjoy it. Um, you don't hear those kinds of things about the other sort of franchises that the rules were intended to prevent. So, from from my standpoint, I think you're in a
tricky spot. You have to make the decision. But for the um if you're trying to interpret the intent, I think actually for this one, this applicant is pretty clear. Um just because it's there's multiple locations, just because it's an owner has multiple locations or
it's a corporate entity. Um that's what's meeting that that formula definition, I guess. But if you think about the intent of the of the shop and what's going to be offered and will it contribute to the community, that's it's all clear, right? It's exactly the kind of uh offering that the community would
enjoy. It just so happens to be uh part of a larger corporate entity. So I think your role is to interpret the intent. Uh at this point something else I'd mentioned two other points so I don't forget. Um I think there is still
confusion and I would ask either the uh the city attorney or maybe the the the sta city staff can can clarify. There's been a lot of discussion around the 300 feet. There is confusion in this room right now over what the intent of that is or 300 feet what what from what 300
feet. So the way I read the code and as I heard the the presentation the intent was to prevent folks within within 300 ft of downtown. There's already two that are already there. So two two formula businesses. So that's
it's off the table at this point whether it's 2 ft close or 50 ft or 100 it doesn't matter they are within the downtown so sort of takes that off the table in in my view. The other point I'll make and then I'll I'll be quiet is the um if you think about the intent again I don't you you you guys might see
it differently but I don't think those two existing businesses that we referred to Duffy's or Kilwins I don't think they have destroyed downtown or the Sense right so if we if you consider it to be similar to that the current applicant uh
and that is our hope right with their their offerings that we find very appealing I don't I don't think they are going to potentially destroy downtown with with the application. Thank you. >> Thank you. >> I have Bailey Cape.
Hello, I'm Bailey. Um I um work at 13 Southeast Ashola Alvin Avenue. Um, I'm speaking on behalf of uh my colleagues at Billfish Beauty Bar and um we think that Spice um that Spice and
Tea Exchange would be a great opportunity for downtown Stewart. Um it would compliment the businesses around us as well as our business because a lot of people would like to like come in and have coffee and tea while they get their hair done. Um, we also, um,
it would also like draw visitors downtown and help preserve like preserve the qualities that still make downtown Stewart special. Thank you. >> Thank you. >> I have no further comments, mayor. >> Excuse me. >> I have no further comments.
>> Okay. Um the parties do you wish to provide uh any closing remarks? The applicant? No. Okay. Um then I'm looking for a motion.
>> Mr. Mayor, with regard to >> Mr. May I just one question for the city attorney. >> Okay. We'll do it in the context of a motion as >> what the wording in the motion is. I don't need to make a motion, but you Okay. >> Well, I want to ask the question. Is it okay? Okay. Go ahead. Question.
>> Okay. >> Okay. Does it make a difference if you put a onetime exception? Because you're saying the exception is to Glenn and Kimberly Gordon, the GI uh the Gordon Enterprises. Does it matter when you're making the motion if you say it's a one-time exception. Just to reiterate
that we're not making a clear removal of these exceptions. We're stating the exceptions for this particular >> It's always to this person, right? I don't think you're stating that publicly now and it's in the record. >> It's always so that >> I know but does it need can do I need to put it in the motion or does it matter?
That's I I guess that's >> it's implicit in the >> Yeah. Okay. All right. >> Is that correct, Mr. Beag? It's implicit. >> It's motion. >> It's explicit now. >> My All right. So, >> conditional use. >> It's always >> Yes, it is a conditional every time. So,
I I think that this is >> not unlocking the floodgates per se. Anybody who wants to bring in a formula business is gonna have to go through this process. >> Okay. So then it's matter >> for each each application >> and and at some point if you decide to
wave the 300 ft you you either take a stand today and say no more or it's the next one or at some point the board's going to say okay >> no more. >> Um you know whether that's tonight or or
on another applicant that comes in. So >> thank you. I just wanted clarification. So, if you want to make the motion, >> go ahead. >> And before I make a motion, I'd like to say that I think if what the commissioners are saying is that they may want to talk or workshop criteria
for conditional use change within the formula based area for downtown and I think that's another subject for another area. But whenever this kind of thing comes up, the only reason why it's in front of us is because it's as to this particular application and as to how we
want to interpret it and work with the intent and I think Killwinds has been up here and we've talked about feet and inches and whatnot and we know what's down there and what the complimentarity is of what the business are and that's how we look at things but if we need to
workshop something like that and make any changes I think Um, Commissioner Reed mentioned that something like that was not talked about during the zip. That's why we're here. We can talk about things anytime, any day, and come up with it. I'm going to come up with a motion with regard with regard to
resolution. Well, we spend so much time talking about >> well, I won't say I won't say Shakes Shakespeare at all. I won't mention Shakespeare. >> It starts with much about something. Um, resolution number 98 2025 as presented
by staff the wording as shown with the special use exception. I move approval as to Glenn and Kimberly Gordon with Gordon Enterprises Stewart LLC as um recommended by staff. >> I'll second the motion.
>> We have a motion by Commissioner Clerk and a second by Commissioner Gobi. Um, as the maker of the motion, Commissioner Clark, do you have any additional comments you'd like to make with regard to this? >> No, I'm good. >> Okay. >> Thank you. >> Do any of the other commissioners have
any questions or comments? I think we've sort of had our discussion. >> I have none. >> You have none, Vice Mayor. Well, seeing none, I will ask the clerk to call the role, please. >> Commissioner Gio, >> yes. >> Commissioner Reid, >> yes. >> Commissioner Clark, >> yes. >> Vice Mayor Collins,
>> no. Mayor Rich. >> Yes. Motion passes. Congratulations. >> Seeing no other items for our consideration, the meeting is adjourned. >> Who said thank God? >> It's about the meeting.
Nothing to do. Well, I don't know. Maybe it has to do with us. >> We're in charge of >> Mr. City Manager. Mr. >> We see you tomorrow in your blue. Please. >> No, I >> I take