All right, everyone, ladies and gentlemen, thank you for thank you for being on time. [snorts] I'd like to uh open this meeting of the community redevel redevelopment board.
Um, clerk, could you please call the role? >> Chair Mcrist >> here. >> Vice Chair Moser >> here. >> Board member De Bard >> here. >> Board member James >> here. >> Board member Laughlin >> here. >> Board member Mona >> here. >> And board member Whan >> here.
>> Thank you. Let's stand for the pledge of allegiance to the greatest country in the history of the world. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation
under God, indivisible, with liberty and justice for all. [clears throat] >> Do I have a motion to approve today's agenda? >> Motion to approve. >> I second. I have a motion and a second.
All those in favor? >> I >> I >> I. >> Any public comment on the motion? [snorts] >> Got that backwards, didn't I? >> Yeah. >> Okay. >> Minutes. I request a motion to approve
minutes from the last meeting. Do I have a motion? >> I'll move. >> I'll second. >> Have a motion in a second. All those in favor? >> I I >> motion passes. Comments from the public.
>> Mary, do we have any blue comment cards? >> I have none, chair. >> Anyone in the public wish to speak? Okay. [snorts] Comments by board member.
>> Come on, people. Let's go. You sure? >> All right. >> Actually, I I will. I just want to say I um saw that Helen McBride passed away and um >> what a great citizen she was to to our city and to our county and she'll be
dearly missed. >> Amen to that. Um the good news is it it wasn't a long and drawn out thing. I think she had a stroke one day and passed within three or four days after that. And my neighbor across the street,
Mary, text me and said that the moment she passed is like 9:45 at night, surrounded by all of her family. And Mary was there. I didn't know they were that good of friends, but Mary was there also. And uh they were all telling stories, family stories, and she passed
right then and there in front of everybody. So, it was uh I guess it's as good as you get. All right. Uh any more comments from board members? I'd like to um just ask that if we could have a moment of prayer for her family, a
moment of silence for her family at this time. >> Or you could lead her you could lead us in a prayer, sir. >> Let's pray. >> All right, let's pray. >> Father God, in the name of your son Jesus, we realize that you are too wise of a God to make mistakes. We know that
you know all about it. And so we ask you that you would send your divine comforter that you might comfort Mary's family realizing Lord God that you have decided to pluck another flower from your beautiful vineyard. And so God we
give you glory, we give you honor and we give you praise. What's in Jesus's name we pray. Amen. >> Amen. >> Anymore all right. I actually am going to spend some time. I've got a
request. Panal, I'm so glad you're here. U I'm specifically speaking to you. So [snorts] in my mind, this is a brand new board and uh
I would like as chair for the next meeting, I would love a presentation that helps us once again understand our role. What is the what is our board's role?
Specifically, one, what does the charter say about any and all authority bestowed upon us by the commission? [snorts] In other words, what does the charter say is our role. Also,
I would like you to weed out any language in the comp plan, comp plan and land development codes that also describe exactly the role and authority of this board. In simple terms, what can
we do and cannot do? Also, I would love uh a big picture view of the state statutes pertaining to CRAAS. Specifically, what can we spend money
on? Again, I just want you to help this board define our role [snorts] next. Please present any and all projects. Top 15 will be fine. In the pipeline, but
not yet in design for the next meeting. In the pipeline, but not yet in design. [snorts] I'm just looking for a starting point so this new board can set priorities. I look forward to working with you panol
to make this board something much different than purely performative and peruncter. [snorts] Please keep the entire presentation to under 20 minutes. Our eyes don't need to
glaze over. Just hit us with our role, our charter, comp plan, and state given authority. Then give us the list of projects in the
pipeline not yet approved or in design. Again, my goal is for this new board to set those priorities. You good? Do you need a motion for that? [clears throat] Awesome. All right, Penel. Well, thank
you so much. Oh, and by the way, if in your research you find out, yes, this board is purely performative, speak the truth. All right. [snorts] All right. That's all I have. [clears throat] Um,
[snorts] action items. Number two, 400 Southeast Ocola Street reszone to commercial plan June Development CPU
quasi jud quasi judicial and this will require a roll call. Ordinance number 2549-2026 an ordinance of the city commission of the city of Stewart, Florida reszoning a plus or minus 0.45 four or five acre
parcel located at 400 Southeast Oyola Street within the community redevelopment area special district for property legally described as lots 23 24 and 25 block one stiffman
subdivision from R3 residential multifamily office zoning designation to commercial planned unit development designation and adding barbershop.
You cannot be serious. Adding barber shop, [snorts] beauty salons, and specialty salons as allowable uses. Providing for conflict, providing for severability, providing for an effective
date, and for other purposes. Do the board members have any exparte communications to disclose? These are any communications outside of the meeting regarding the matter under consideration. I do not.
>> I do not. I do not. >> I do not. >> I do not. >> I spoke briefly with the development director yesterday about both of these uh issues. All those giving testimony,
please stand, raise your right hand, and be sworn in by our attorney. >> Not on this one. [snorts] 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. >> Thank you, sir. All right. Staff report. >> Okay. >> Please present your testimony, including any evidence and your recommendation regarding this case. Thank you.
>> Uh, good evening, chair and board members. For the record, my name is Jody Cougler. I am the development director with the city of Stewart. Tonight, I presenting agenda item number two. The applicant Oyola Street Holdings LLC is requesting approval or reszoning from the existing R3 [clears throat] office
multifamily office zoning district to a commercial plan unit development to add barber shop, beauty salons, and specialty salons as allow uses located at 400 Southeast OciOla Street. The property is also located within the
community redevelopment area special district. Pursuant to the land development code public notice requirements, the applicant on January 19th, 2026, the applicant mailed notices to adjacent property owners within 300 ft of the
subject parcel to provide details of the requested development and the date of time of tonight's public hearing. Additionally, a sign was placed on the property with the same information. The 045 acre parcel property is outlined
in red and is located at 400 Southeast OciOla Street and is situated at the southeast corner of Ocola Street in Georgia Avenue. The property is zoned currently residential multifamily office and the future land uses office residential and it is located again
within the CRA district. the applicant. I'm just going to give you a little bit of history of why we're here today with this proposal. Uh last year the applicant um came to the city and was discussing he has an existing building to add a beauty salon or a
specialty salon. Um Dr. Ben and Daddy and his wife are in the audience today. Um, in reviewing the code, it does not allow these type of uses, allowable uses within the R3. Even though across the street there is beauty salons and across
the street, a little bit further is nail salons. Um, that are all kind of doing the same thing. However, they are not zoned R3. So during the zoning in progress last year that the city commission were going through, we thought that staff could uh present that
we just do a text amendment in the R3 zoning district um to allow anything that's an R3 residential office zoning district use um to allow these type of uses as they are consistent within that
that stretch of land and that stretch of uh area. However, the uh city commission advised the applicant to go through a plan development just to zone this particular site as opposed to put in a text amendment for the entire uh
district. So, today that is why you're being presented this particular uh application. So, um these are the three uh different allowable uses that the applicant is proposing. Um and it's a beauty salon, a a I'm sorry, beauty
salon. should be a uh a man salon, a hair salon and a specialty salon. So in your R3 it is these it is consistent the allowable uses within your zoning districts. Um what is not consistent is in your neighborhood these
type of uses are not allowed in your neighborhood special districts. Your low density um your commercial, industrial and marine are not consistent. These are the current allowed uses within the R3. As you can see, the ones highlighted in red and uh in the yellow,
those are ones that would have to go as a conditional use, which we have to be approved by this be recommended by this board and approved. >> Oh, it's not moving forward. Oh, I'm sorry. >> What's ending up on the screen? >> Okay. I'm sorry about that. Hold on one second.
Let me just >> Thank you. Okay, I'm just going to kind of go through the slides that you missed. Hold on one second. So, this is the notice that was posted on the property show and the proof that they did mail the affidavit out, the letters
This is the subject property outlined in red. And these are the allowable uses that they're asking for. This is the R3 uh different land use that are allowed. And this is the slide we were up to. I
apologize for that. Um so in the R3 currently today, all these uses are allowed except for the ones that are in uh highlighted in yellow. Those are conditional use which would require action by this board and approval by the city commission. I'm just going to kind
of run through these quickly. As you can see, there's no specialty salon or hair salon or um any of those type of uses allowed. The in the R3, they um the existing building meets the minimum development
standards outlined in red for the professional office. Uh they meet all these requirements for setbacks and land use and the impervious and uh impervious uh the pvious and impervious and uh the stories and the number of buildings.
The site has an existing 4100 ft one-story commercial building and the applicant is not proposing any new structures or additions. The parking is existing will adequately support the proposed uses. The city's traffic consultant, Kelly Horn, has reviewed the traffic statement prepared by a traffic
and mobility consultants from its existing R3 residential multifamily office zoning designation to a commercial planned unit development and is anticipated that the proposed trip generation potential for the CPU zoning designation is is as follows. 68 trips,
daily trips, 14 uh entering, four entering in, 10 existing at the AM peak hours, and 14 uh which totals 10 entering in and four exiting at P PM peak hours. As part of the PED requirements, the
applicant is proposing to install and bring up the property for landscaping purposes. Uh the applicant has submitted a landscape plan that shows that they are installing three seed grapes, a southern live oak and three sable palms and the hedge material will consist of red tip cocoa plums, small leaf glucia,
croin croins and red exorius and fi and uh trates and will as well as the annual ground covers. Staff has reviewed the proposed petition for the resone to commercial planned unit development and is determined that they conform to the standards of review
outlined in the land development code and are consistent with the comprehensive plan goals, objectives, and policy. And staff is recommending the community redevelopment board for a recommendation of approval to the city commission for the proposed reszone to commercial planning and development for
400 southeast Oyola Street uh ordinance number 2549-2026. Uh this concludes staff's presentation and the applicant uh is in the audience if you have any questions. >> Thank you Joey. Does the applicant have a presentation?
Okay. Board members, any questions for the petitioner? Got some general questions. Um, if there are any objections, what have they been as far as known objections to this
change? >> Anybody have any input on that? >> I'm sorry. I'm having a hard time hearing you. >> If >> could you use your microphone? >> Is it on? If there are if there have been any objections um that anyone is aware of, what have they been to this
resoning? If the city received any objections or oppositions, uh you would have been submitted to this board uh for this meeting tonight. We did not receive any um opposition. >> Frank and your ex parte, did you uncover
any possible objections? So in my talk with the development director, what I took away from that was no objections. But what was new to me was this is in that area,
in that general area, this would not be the first uh establishment of this type. I believe there's one across the street and two doors down or something like that. So, we're not, you know, we're not uh
doing anything brand new that might upset the apple cart in this area of town. That was that was one of the reasons I went in to talk with her. U so no complaints from anyone. And again the big thing for me was this is not
something new in that area. >> Right. The only other question I would have is the density before and the density after the proposed change residential. Um is there no change in the residential density potential usage
potential number of units and square footage for residential? >> Chair and board members. Uh right now they're not in considering any density because it's considered an office. It's a commercial use right now. If if they were going to consider a density use or a residential or convert this to a
residential, they would have to come back to this board and ask permission and go through the application process. >> So right now it is not mixed use where they could have a a combination of residential and commercial. It's strictly commercial. >> It is for a commercial building.
However, they don't lose the density for the residential. But if they wanted to have any type of resident, today is zoned commercial. >> Yeah. >> Um and that is the use today. If they wanted to change the use to a residential, even even if they're allowed by density requirements, they
would still have to come back to this board and go through the uh they would have to mend the CPU um to a res to allow a residential. I just know some of the earlier CRA situations had involved a combination of commercial and
residential, sometimes up top, sometimes behind or whatever. I just didn't know if this was proposed the proposal in included a change in that or if if there's no difference. >> Board member, this is just allow this is
uh a PD to just allow these three types of uses. >> Thank you. All right, Jody, any uh any other responses or comments? >> Uh, no. Staff does not have any comments at this time.
>> How about the petitioner? Do you wish to rebut anything you've just recently heard? >> No. Okay. Thank you. >> So, chair, I had a question for Joanie. Yes. >> I was trying to remember. I remember
when they came before the board last year, what was the what was the uh the results of their coming that they're back again? What happened that uh at that particular time? >> Board member, that was um when this
originally came up to in our office and um we were going through the zoning in progress. We did recommend that they go to the board and asked the city commission to ask if they can add that in as a text amendment during the zoning in progress as it would be appropriate at that time.
>> Uh the the city commission um advised the um petition to come back as a planned development. they they were not ready to review the whole entire block or the R3 uh zoning district to allow this use to
be opened up for the entire R3's district. >> Right. And I remember all they wanted to do was add that in the language. >> Yes, sir. And that would be a text amendment typically, but because uh the city commission felt it was more appropriate to go uh just for this
particular site do a do a um a planning of development. >> Thank you. >> For the record, city attorney, I just want to add to that. So that they were considering adding language to the R3 zoning district in our code. So that
would apply to everybody's R3 that has that zoning district in the city. Whereas when they come back for a commercial CPU, it's it's a custom zoning just for that parcel. That makes sense. So whatever is decided on this parcel only applies to this parcel. It's
like a custom zoning district. >> Okay? Whereas R3, it is R3 now. And right >> many other people and businesses have R3 uh zoning district throughout the city. It's a it's a there's several of them, but they under
the R3, you can't have a beauty salon beauty salon or a barber shop. >> Right. Right. >> So, under the commercial PUB, uh it's an allowable use to have those uses. So, the big thing is they're they're wanting to change the use so they can do barber shop in salon.
Basically, they can't do it under under the current zoning district R3, but they can under a CPU. >> Okay. >> And that's the only change. But when they do that, they got to come up to code on other things like the landscape >> and I saw the propos and >> traffic and all that. Does that make
sense? >> Makes sense. >> Okay. >> Thank you. >> So I guess the last thing Mr. Bag. So when if we allow it, it does not change the entire scope. It just changes that particular parcel. >> Yeah. When you say scope the whole
neighborhood or other Right. Right. So right now it has an R3 zoning district. labeled on that parcel when when they referred to other salons across the street or whatnot, they have a different zoning district. That's why they're allowed to have a salon. So, they're trying to change their zoning district
that to a CPU, which allows beauty salons >> and and you have to determine whether it fits in the neighborhood is one of the things. And that's why you have evidence that across the street and down the street there that use is already being used by other property. Would it open
up? I mean, I don't know the uh the density of the area around it. Are there other properties that would uh be able to apply for the same change? >> Well, everybody can go through a reasonzoning change just like Dr. Benadetti is doing here. >> Right. But if they had done the text
amendment when we were doing the zoning in progress, the zoning in progress, we were going through the land development code and updating certain codes and and so they it was it came to their attention, should we update this and allow barber shops and salons in all
R3s? But there are some neighborhoods that they're just residential. So if you allow barber shops and salons, there might be a residential neighborhood. All of a sudden, someone opens up a barber shop in the middle of a residential and that's what they wanted to avoid. this way by doing a PUD,
it'll only apply to this parcel. >> Understood. Thank you. >> Yep. >> Okay. As chair, I'm going to um close this hearing. All evidence has been >> motion to approve.
I'll second it. >> I have a motion and a second. And this does require a roll call. Clerk, thank you. >> I would um There we have no public comment. I'm not sure if >> Oh, I'm sorry. I'm sorry. Yeah. [laughter] Any public comment
>> for this? Okay. So, >> I'll call the >> call roll. Thank you. >> Board member Whan >> approve. Board member James, >> approved. >> Board member Dubard, >> approve.
>> Chair Mcristel, >> yes. >> Vice Chair Moser, >> yes. >> Board member Laughlin, >> yes. >> And board member Monero, >> yes. >> All right, motion passes unanimously. Next
item number three, Aan Lelaya commercial corners east major amendment to the new Avon layer PUD for parcel D lot 11. Ordinance number 2550-2026,
an ordinance of the city commission of the city of Stewart, Florida, providing for the third amendment of the new Alvin Leia planned unit development consisting of 12.4 acres zoned residential plant unit development,
16.24 acres zoned commercial plan unit development, and 20.4 4 acres of wetland upland preserve zone residential plan unit development being generally located between the northeast Dixie Highway to the south,
land on both sides of Green River Parkway on the west, land on both sides of Cardinal Avenue on the east, and the city boundary to the north for property legally described by exhibit Attached.
Amending the commercial plan unit development to provide for the approval of the master parcel site plan for the Avon Lea commercial east parcel district east parcel D lot 11 to be identified as Avon
Leia commercial corners east providing for the approval of the master site offsite infrastructure plan for the entire planned unit development providing for revised ized in new development conditions approval for
parcel D lot 11 providing for amended and new timetables for development declaring the plan to be consistent with the city's comprehensive plan providing directions to the city clerk providing for repeal of all
ordinances and conflicts in conflict conflict providing for severability providing for an effective [clears throat] date and for other purposes. >> [snorts] >> Here we go. >> Do the board members have any exparte
communications to disclose? >> I do. I met with uh George Mmer and Ellis Stone via Zoom on January 20th. >> Thank you. I do not. >> Um I met with um George and Nick. I'm
sorry I don't have the date. Uh via Zoom as well and then spoke with Nick last week briefly at a um school event. >> I met with Jod, the development director briefly yesterday. >> I do not >> I do not
>> I do not. [cough] [clears throat] All those giving testimony, please stand, raise your right hand, and be sworn in by our attorney. >> The testimony that you're about to provide will be the truth, the whole truth, and nothing but the truth. So, help me God. You may be seated.
>> Jody, development director. Do you have a uh presentation? >> Thank you. Uh good evening again, uh chair and board members. For the record, my name is Jody Cougler. Again, the development director with the city of Stewart. Tonight I'm presenting agenda item number three. The applicant Avalia
[clears throat] Commercial Corners LLC is requesting approval of a major amendment to the new Aalia PUD for parcel D lot 11. This is one of the final five undeveloped parcels within the new Aalia PUD to be developed. The property is also located within the
community redevelopment area special district. Again, pursuant to the land development code on January 19th, 2026, the applicant did mail the notices within all adjacent property owners within 300 feet of the subject parcel, provided the
details of tonight's meeting time, and uh also put a sign on the property with the with the same information. Uh the vacant parcel is located at the corner of Northeast Dixie Highway in Cardinal Avenue. Uh the future land use is neighborhood special district and the
current zoning is a commercial plan unit development and the total land acre site is.9 acres and also it is located in a CRA. In 2015 the new Aalia PD was adopted by the city of Stewart commiss Stewart
commission. This PUD stated that the each site plan for the various parcels within the PUD would constitute a major amendment to the new AIA PUD as a 2015 PD approval established overall densities and intensities but did not approve site plans on any individual
parcels. This proposed major amendment does not increase density or intensity and is consistent with the overall master plan approved in 2015. The 0.9 acre of development area has been established as developed development area by the master PUB plan
and is considered in conjunction with the overall 20 acres of preserve area and that has been established, restored and protected as part of the PUD. It is important to note that the development acreage is net of wetland setbacks and is memorialized by the conservation
easement with South Florida Water Management, the new Aalia PD plat and the land use amendment of the preserve areas and setbacks within the conservation from the public utilities. The site proposes the cons construction
of a commercial building on a 0.9 acre site. The proposed one-story building is is designed to accommodate a mix mix of uses including but not limited to retail office retail office and restaurant establishments and also medical. The AIA
commercial corners will serve as the vital component in supporting the new AIA residential units being developed within the RP within the residential planning and development as well as the surrounding areas by providing convenient access to neighbors commercial serving commercial areas.
The applicant has provided ADA compliant space based on the proposed off office, retail, medical, and personal and restaurant service uses. In addition, the plan development requires a minimum open space of 25%. The applicant meets
and exceeds this requirement by providing 50% of open space. The city's traffic consultant did review this traffic study and does not have any um uh it meets the minimum standards. The landscape plan includes a diverse
mix of canopy and ornamental plantings consisting of Japanese blueberry trees, slash palms, I'm sorry, slash pines, live oaks, and bald cyprus. In addition, a variety of palm species are proposed including European fan palms, shorthair
old men palms, Alexander palms, royal palms, sable palmettos, and Christmas palms. The city landscape consultant Kimley Horn has reviewed the submitted submitt of the tree disposition and landscape plan and the associated documents. They did make recommendation
that during the site plan approval or the site construction plans that they do um adjust some of their plans with the tree disposition plans uh for the slash pines and also um update the landscape plan to note some of the changes that
meet the uh civil plans. The applicant has incorporated the four required architectural elements which includes storefront windows, wood columns with brackets and awnings. The project is required to add a public art approved by the separate application by this board. The applicant is proposing
wall murals and a fountain. And you can see the four different elevations of each side of the uh proposed um building. And these are just some conceptual architectural elements that you can see. Uh we did re we did get an inquiry about
the elevations and the architectural design and did uh send the app the correspondence to the um to the public comment showing the conceptual elevations. Staff has reviewed the proposed petition by the major for the major amendment to
the new Aalia PUD and development plan and determined they conform to the standards of review outlined in the land development code and are consistent with the comprehensive plan goals, objectives, and policy. Staff recommends [snorts] that this community redevelopment board forward a recommendation of approval of the city commission for the proposed AIA
commercial corners east development site plan for ordinance 2550-2026. This concludes staff's presentation. We do have the applicant and the owner of the property in the audience. Uh >> go ahead, sir. Thank you.
Good afternoon. For the record, George Messmer with Cotler and Hearing here tonight on behalf of the owner and the applicant. I have been sworn in. No objections to staff's presentation. Very thorough. We do have a short presentation with a few slides that we can go over. It's a lot of the same information, so we'll try to keep it
short. Uh we are requesting a major PUD amendment for this site plan. It's a little bit of a strange process for this particular development. Uh Aanly when it was created, the original approval requires that any site plans coming
forward need to be major amendments to the PUD even though they don't meet the requirements of being a major development. So typically this is a pretty small site plan. It's less than 7,000 square foot building area. So that would never trigger a public hearing. uh but specifically because it's within the PUD and there was a prior condition of
approval that required any changes any site plans to come back before the boards. That's why we're here. Uh we meet all development standards. There's no uh requested waiverss or exceptions. Um we had a great uh development team in
design. Uh there was a few slides in staff's presentation which referenced uh another property. Uh I just wanted just for clarity there was a couple elevations uh that weren't matching our exact building. We had at one point multiple properties that were coming as
one amendment um and through um this process you know there was still some work to be done on those other pieces and so we're bringing this one separate first because it's not connected to some of those other properties. So this is by itself. Um
there's a long history of the Aanley PUD. Uh so Mr. Nick Schro is probably more experienced than anyone to be able to provide a little bit of context just for this board, a little background. So I'll leave it to Nick. He'll provide a little bit more context for the overall.
>> Good evening board. Nick Schro for the record. Um 623 Palm Street, City of Stewart. Um I've been sworn in. Um, so the Aanley PUB in concept was a 50 acre um,
parcel or became a 50acre parcel over time. Um, it started the concept started in 1997 when Frank Waka annexed that land into the city of uh, of Stewart. Um, I don't know if everybody knows Frank, but Frank Waka's kind of old name
in Jensen. His dad did a bunch of stuff. Frank, you're up there laughing. I'm sure you know Frank. Um, in 2001, Frank developed the Aanley commercial uh, Aanly Commerce Center condominium. Um, and that was kind of the first piece of Aanley. Um, there's another Aanly
industrial park which was also done but frank by Frank but unrelated to this 50acre PUB. And then um in 2005 and and I wasn't involved in this, but that you know through the years I've gotten my history lesson on it, but the high group
purchased um a number of the parcels either from Frank or or in some sort of fashion that involved, you know, Frank having a chunk of Aanley and the high group having a chunk of Aanley. uh they had proposed it as 411 residential units plus 180 commercial
residential units and then somehow fathomed up like 377,000 ft of commercial um going on this 50acre site um in 2014. So somewhere along the line through the great recession that
went into foreclosure with PNC Bank. Um it was originally Fidelity Federal and then that got taken over by National City and then PNC ended up with it. So a lot of pride washed off the deal during those years. And so when we got it or when we were looking at it, um we
thought, you know, this is this is a lot of stuff. Um there's a lot of wetlands up there that I thought were nice amenities for, you know, what would, you know, in the future be some residential and and some commercial. And um so we
actually reduced the RPUD density to 185 units. Uh the total density was reduced from the 411 to the 325. And then Frank was still in control of
the CPU. So he was kind of driving the bus on the uses in the CPU. And that we ended up with 160 commercial residential livework units and about 282,000 square feet of commercial. Now the way a lot of these kind of overall what I would call
bubble plans tend to work is is you kind of have to eat the elephant one bite at a time. So you get an overall zoning that complements the property similar to the the salon where that zoning is specific only to that property. Aanly
zoning that Aanly PUD zoning is specific only to properties in Aanley. So the idea was to set some borders, set some boundaries, put some bumpers out there on thresholds that can't be exceeded. Um so the um the commerce
center was built that's about 25,000 square feet and I think it has four or five live work units in it. And then in 2015 we approved the uh or the city approved the new Aly PUD which established these lower densities and
intensities and kind of set the residential area and the the commercial area. Um this was the original plan. So this is, you know, 411 units plus 180 commercial residential units in the CPU areas. You can see the residential there
or the RPUD was kind of centered around these wetland areas that were Frank spent a bunch of money restoring these and kind of, you know, he tells the story or told me the story that, you know, there was a time where you could walk from Baker Road all the way south to Dixie across this site because the
wetlands and, you know, had been so overgrown with climbing vine and Maluca and everything else. And so Frank had gotten in there um prior to the property going into foreclosure and cleaned all that up and established the master drainage system. So you have this is
actually the waterhed for I think it's Jensen Estates which is like north and um north of all that commerce center stuff to the northeast of this. And that water all flows through here. It's kind of it's treated through here as as storm
water treatment um retention areas before it gets into Haney Creek and then ultimately flows out into Haney Creek. So, a lot of this was a a restoration of that the headwaters of that Haney Creek. Um hence these kind of odd parcel shapes which make it hard to you know work
development around. But it did in the end like we developed parcel 2 and parcel 12 and those those units all have you know real nice views a lot of them back up to preserve and and they've they've been you know highly soughta. So um in my world that's kind of your
measure of success. If people like them and buy them and pay a bunch of money for them then you've done something right. Uh so what we're kind of left with today a commerce center has been built. It's [clears throat] 23,700 square feet. Uh and that's inclusive of
five live work units. Uh Aanly parcel one has been site plan approved for 9,381 square ft of commercial office which is about 10,000 square ft less than the PUB approves. Parcel 2 has been developed with 30 town homes. Um parcels three
through nine are kind of individual um units or lots and parcel three is being improved with a 20 2800t office warehouse right now. Parcel 10 is proposed for um it had been proposed for
80 apartments. It's part of the CPU. So those would be commercial residential units in concept that is part of originally our application was part of parcel 10, parcel 11, parcel 13 and parcel 14 and 15. So, it was kind of
that south side of of um of Aanley that got caught up. And so, we're looking to move forward with parcel 11, which is our approval that we seek tonight is 6,827 square feet of commercial space, which is about 8,200 ft less than the max
established by the PUB. Parcel 12 um is developed with 32 town homes. Um, parcel 13 had been proposed as part of that application for 185 apartments. Uh, parcel 14 and 15 again was part of this
original application and and it was going to be kind of a sister parcel to our our retail east. We were going to have like a retail west. Um, part of the confusion on the architecture here is we were going for two distinctly different architectural styles. Um, one on the
east end of the project and then one on the west end of the project. And so, um, I believe that was also the theme on the apartments where the east side was going to be a little more modern, the w the central side area was going to be a little more Key West um, and and
Caribbean. And so our what we had submitted for the western side was much more of an Anglo-Caribbean design. What we had submitted for and what we're pursuing approval for here tonight is a little more modern. Um, so we can get into that if you have any questions.
Happy to answer them. And then Aly lot 16 has been developed um that was developed by Tim Hernandez theuh new urban communities he developed the zule and so those are uh that's 69 um what I would call town homes and kind of cottage lots
um I'll let uh and then past um approvals I'll um >> I'll let George get back to it but happy to answer any questions. So again, tonight it's just requesting approval for lot 11 site plan, which is
the 6,827 square foot commercial building on 0.9 acres. So in terms of subject location, in case everyone's not familiar, Aanley is on the north side uh of the Roosevelt
Bridge, just before you enter into Rio. The lot 11 is located on the eastern end at the intersection of Dixie and Cardinal just south of Baker Road.
Uh zoning CPU part of Aanley. It's all consistent with the land development regulations and the PUD in terms of allowed uses. Uh Nick touched on this, but the master plan for Aanley permits up to 15,000 square feet of building area on this
specific parcel. Uh again, that's kind of a bubble plan where they put out a number of how much could be the maximum through site planning, providing parking, landscape buffers, uh all that goes into that design work.
It's really not feasible to go more than 7,000 square feet. So that's the reason that there's less than what's approved on the master plan. Uh here's just a aerial view so you can see how it fits in. You can see some of the other residential parcels that have been developed. This really is one of the
first um commercial pieces within a to come forward. We think it's a really good complement to the residential. Uh provide some neighborhood services. [clears throat] Uh we have a mixture of uses proposed in the building including restaurant, retail, and office.
A little bit closer view. Uh again about just under 7,000 square foot of building area. So very small percentage of the site. Uh extensive open space and landscape area. Uh much more than what's required. It just kind of worked out that way in terms of design of the
parking lot and how much hardscape we needed to have to support the facility. Uh, so you get a really nice complement to that intersection. It's going to make it look really great. There is existing trees on the site, primarily pines, which are really terrible for
relocating. It's virtually impossible unless they're they're fairly small. Uh so we're saving as many as we can around the perimeter of the site and then also mitigating on site by planting back new pines primarily along the uh uh boundary of
the wetland area to the to the west of the site. Uh the environmental conditions of the overall PUB are are pretty spectacular. Um if you have any questions, Arno is here. He can answer any about the environmental conditions out there. But, uh, the restoration work
that went in, uh, years ago, it's really paid off and it's quite beautiful. Anyone who's driven by it, I'm sure you've you've noticed, uh, orientation and circulation of this site. Um, we have two access, we're one access point, one exit on Cardinal, so there's no driveway on Dixie. Uh, so a
little bit of a less traffic street, but you have an entrance and an exit. Provide a nice flow of circulation. Um, providing enough parking for the building. Again, all of our land development requirements are being met. There's no waiverss or exceptions being requested.
Uh from a traffic perspective, as as Jody mentioned, there's no comment on the traffic. We're we're well within the acceptable limits of the surrounding roadways, only adding about 518 trips per day. Uh again, providing sufficient parking
for the proposed mix of use. uh that didn't line up quite right, but there's a uh you'll see in the rendering there's a a large covered area at the corner providing kind of a nice focal feature at that intersection. Uh the architecture could be considered a
little bit more modern, but it's really a complement to the commercial character of the area historically. Um, so we felt that it both blended in with some of what you find a little bit more to the east and Rio as well as uh fits in with
the overall theming of a Avenly as well. Uh, and as we mentioned, there is proposed public art. We that'll come forward as a separate application, but we're integrating that art as murals on the building itself. uh as well as a
potential sculpture piece at the corner at the intersection of Dixie and Cardinal. Uh so we haven't fully designed that out yet. We don't know exactly what it is, but we will be coming forward with a an application for that as well. Uh landscaping, we already kind of went
over that, but substantially more landscaping that's required. Part of that reason is because of the on-site mitigation uh planting back um for what we're removing. Uh that really concludes the presentation. So if you have any
questions, be happy to answer them. We appreciate your time. >> Do the board members have any question for the applicant? >> I I do. Um, I know this was probably gone over several times, but just to
condense it into what exactly is being suggested, what what what is the new proposal versus what is existing and simp and real bullet point quick term? >> Yeah. So, uh, we're requesting approval of the site plan for lot 11. That's it.
The approved master plan only included a maximum square footage for what could be built. And so it was approved such that when we came forward with a proposed site plan, we'd have to come back and modify the PUD to establish what was
actually going to be built. So we're simply asking for approval of lot 11 for our 6,827 foot commercial building. >> [clears throat] >> So, prior it was approved for up to 15,000 ft and you're asking for it to be clarified that you're only going to use
about 7,000 ft >> as well as approving the specific site plan landscape civil architecture. There's a confusion with I think a resident who had sent in a note. Um there was an older narrative which described a Florida vernacular
architecture of one of the other parcels that was at one point part of this application. um which is not part of this this application currently. So there was just a confusion. He said looking at lot 11 that that architecture is not Florida
vernacular. No, it's not. So that's was just a disconnect there. But other than that, we've heard no objections on this development. >> Okay. Thank you. >> Yep. >> I have a a quick question. I never um got to get my hands on your landscape
plan to critique it. Uh you have 79 trees provided. Do you know how many of those are palms versus how many of those are um chade trees? >> Yeah, very few of them are palms. Primarily the royals along the perimeter. Uh all the interior trees are oak trees and then the pine trees are
dotted all along the western boundary. I'd say rough figures it's probably like an 80% canopy tree versus palms. >> Nice. >> Okay. Um, and just a comment, I heard bald cypress and I've since I've been on
this board, I've seen them proposed in a lot of wrong places and I think this we finally are putting them or proposing them in a right place. So happy to see that. >> Thank you. >> Have two questions. Uh, I see you had a coffee look like a
coffee shop proposed. Has there been any studies into the viability of that? Um >> um so at this point, you know, we've been in this process, I think, three years. Um so I'm a commercial real
estate broker by trade. I've been a commercial real estate. I've been in commercial real estate in this area for over 20 years. Um we think there's demand for tenants in this area. We think there's demand for, you know, those kind of small shop services. Um we're willing to, you know,
that moving this project forward on that. Um but we haven't signed up any tenants kind of premature in the process um to do that. Um we would be you know looking to talk to folks once we get a clear understanding of the certainty of our approval site plan. Um and we start
moving into that construction permitting phase. Um you know with what with what's happening in Rio, you're at a signalized corner. Um it checks a lot of boxes for that, you know, neighborhood retail kind of kind of, you know, use. Um probably
some office, you know, there's a list of uses in the PUD that are, you know, permitted uses. >> So Nick, you think that there will be enough traffic past that area that would be able to sustain some kind of an operation? Because what what I'm getting to is you don't [snorts] want to have
constant like vacant stores. you know, somebody thinks I'm going to run a coffee shop and then he finds out it's just not really >> guys don't lend us money on stores that are empty and, you know, I don't, you know, send my kids to college on vacancies. So, um, got, you know, we we, um, build where we think there's demand.
We build where we think there's a need. Um, I'd feel a lot better if, you know, I knew that the rest of Aanley was moving forward and that was kind of the vision with the, you know, initial application with all, you know, that southern swath of land. and it just, you know, got complicated for reasons beyond
my control. So, you know, here we are today. >> Gotcha. And my second question, I don't know if it placed in George, but who pays for the art? It sounds like it's a requirement that the city has proposed that you have to have a public art. So, who gets stuck with that?
>> I'd send a dish around the room here, but there's only like three people. Um, no, it's I think it's a 1% or one and a half. I don't know exactly, but that um that's paid for by the developer. The city has an option that that goes into a fund. I don't trust government with my money, so I'd rather put it on my
property. Um what you know, our intention and and we did um you know, some public art for the overall aely stuff with uh some some metal sculptures and and monuments. Um but uh for this particular project, the wall mural, I think, would bring some life to that
corner. And you know, it's not going to be the generic stamp plan that you saw or painting that you saw on the slides. It'll be something a little more local or you know, I don't know, probably a sailfish drawing for Bonnie. >> Okay. >> Just kidding. [laughter] Just kidding. Just kidding. >> Thanks.
>> Please know. [snorts] >> Any other questions, board members? >> I just wanted to point out the question on the public art. Uh when Frank asked about what if what are your job duties and so forth, we're going to come back and explain to you and public art. Uh
George indicated they'll have to do a separate application to come to you to have approval of the public art. Public [clears throat and cough] art is the one thing you guys make the final decision on. You're not an advisory. That's the one area that you can public art comes to you. You are the [snorts] decision maker. It's no recommendation. Whatever
you vote on in approval is it it doesn't pushed on to the commission. So, I just wanted to point that out to you. >> Thanks. Thank you, sir. I I have a question. Um, as I look at that, I'm not looking at the map, but is that pretty swampy to the west southwest of that exact parcel? Is that
>> part of the rest restored wetland area of >> Aly? And so, I'm assuming that this this 0.9 acres is pretty dry before you even get started. >> Yeah, there's no wetlands on the 0.9. >> So, your bald cypress are going on that southwest west southwest side. Yeah,
predominantly in the in the western corner. >> Um, >> just just at a footnote, >> but it is pretty dry to start with. >> Yeah, just a footnote for you. Um, cyprus when you plant them in wetlands directly in standing water, >> they don't grow as well. They'll
survive, they'll live, but long term their growth rate is significantly less than if they're near water. So, uh, when you plant cyprress up a little bit higher from the water table that's in direct proximity to standing water, they do great. >> So, ideally, they want those cyclical
rise and fall of of the water table. >> Yeah. To where they're not they're not they don't have wet feet constantly. >> Correct. >> Yeah. >> And I was going to uh ask Nick how he really feels about the art, but I think I'm good. I'm good. I'm [laughter] good.
Uh, >> [laughter] >> All right. So, board members, good. >> I have I have a couple. >> Okay. Yeah. Go ahead. >> Speaking of the microphone, please. >> All right. >> Learning on the job here. Uh there was a
a comment from staff about that this is a net wetland setback situation as determined by South Florida Water Management. There is no variation requested for wetland setback for this parcel. Correct. >> Yeah, that's correct. It was baked into
the overall master plan approval and that set what this boundary was. So when it was platted was >> understood. And then forgive my ignorance on this one, but there was two sections that were highlighted um page 56 of the packet we were given.
I'm not sure where it is in yours, but it says the following documents are established by ordinance. Master parcel plans for Avenue parcel D lot 11. It says to be populated at first reading. Are those forthcoming or
>> so those uh sir if I may answer this is Jody for the record. Um we are just cleaning up the comments for uh recommend for any type of um uh requirements that's required by the developer to do this. one is the uh public art and then some of them was the
tree mitigation that um I had read into the record. So we will we'll populate those um those recommendations. >> Okay. Because what I saw was master parcel plan. So it seemed like it was broader than our work or tree placement.
>> We are not doing anything to the master plan. >> I'm sorry miss I'm having a lot of trouble hearing you. >> I'm sorry. >> Very muffled. >> Oh okay. Is that better? I'm sorry. Uh we are not doing any um changes or amendments to the master plan. It is to
the master plan this lot 11. >> Okay. So just to be very clear this number 27 to be populated. There's really nothing that's to be added later. >> Correct. >> No no bait and switch happening here. >> No I mean the master there was a point in time where the master parcel plan was
going to be amended when 10 10 11 13 14 and 15 were part of the application. That created some confusion. That is probably part of things beyond my control and why just 11 is here. But that lot the the master parcel plan that was approved in
>> uh 2019 I think is is what will be and that is what will stay and that's what we're you know moving forward under. We're not changing any of that. >> Okay. And then tighter than the master parcel plan exhibit D was approved plans and documents. It says the Corners East
parcel D project and use thereof shall comply with the following drawings to be populated at first reading. >> I believe that's this site plan. >> That's the site plan. >> The reason I think Jody's saying that that isn't currently populated is if it comes out of this board with a you know
recommendation to move a tree or to do whatever then then that gets discussed deliberated and populated into the final ordinance. >> Understood. My only comment would be that we ask that that be put into the record rather than just the PowerPoint because I this I think that's the first
time I'm seeing it. It was not part of the packet or at least it didn't reference it in the the documents we had. >> Understood. >> And then um I looked at part of the study done by McKenzie and I don't know
if you if Arno is with McKenzie. I I didn't quite >> Arno is on environmental Mackenzie's traffic. >> Got it. There was a impact fee study that was done in 2012. My only question is if there is a newer impact fee study than that than 13 years ago and anybody
who's got an answer, feel free to field that one. >> Yeah, that the city would be the ones to initiate impact fee studies. And I mean, you know that >> No, I'm not asking you to do it. I was just curious if a newer one existed. >> The last impact fee study was done in 20
we adopted it in 2022. Okay. So, the the study that was referenced by McKenzie mentioned 2012. So, I don't know how much that has changed since then, but I think that is something that would be relevant here.
>> I'm pretty sure JD will charge me to >> uh Chair Beard, I mean, uh, Commissioner I mean board member Beard. Um, so in our traffic in our impact fees that were done in 2022, a lot of our impact fees were decreased because we are a builtout
community. So the impact fees would be less than what was done in 2012. >> And this this is not so much about fees but more about the traffic data that was used >> for the land uses, >> right? And then um finally it looked
like this was started four years ago. like 2022 I believe was the initial >> you kind of get numb and lose time lose track of time at some point. >> No. And and not touching on anything financial or development plans or whatever, but just from a zoning standpoint, has anything
changed that would touch on what you're asking for today from the initial filing of this and bringing it here today? >> Um I I don't know. I mean, I'm I I don't know exactly what that question's geared toward, but you know, we're we're happy
to be here today, you know, asking for approval and, you know, we'd like to move forward and if you want to, you know, meet and chat about, you know, the process and, you know, what other, you know, what might have happened to my co- parcels here, you know, happy to meet with any of the board members or anybody
of the public that, you know, would care to talk about it. I my question was more geared toward in November of 2018-22 it was initially submitted was this an impossibility based under the rules at that time and now something's changed where we can go forward with it or was
it for other unrelated reasons? >> No. So I mean part of it was probably administratively and procedurally you had uh Kev Freeman left. You had um what's her name? Um >> Aaron take over. you had that transition
into um you know Jody and and there were a lot of there you know the the goal of the Aanly PUD was to set boundaries and say hey these are these are the things now you know Frank was kind of handling the CPU and and this is part of the CPU
the parcel 10 was part of the CPU parcel 14 and 15 are part of the CPU so particularly related to 10 a lot of questions started coming up And I'd say being a co- application or you know these these several applications trying to come in in one you know initially
they were separate and then we got you know advised to combine them and then that bogged down the process. So you know a little bit of it was you know our own self undoing with you know myself who controls this parcel in 14 and 15 and you know kind of having a co-licant
in the process that was having some own you know their own changes. Um, some of it was probably economic. You had, you know, what I would call a recession in 23, 24. Um, and then, you know, I mean, the fact of the matter is, you know,
there's a lot of, you know, um, you know, chatter affects the process, right? Like zoning and the process and, you know, all of that is a little bit of, uh, there's a little bit there's a touch of gray in all of it. So, you
know, if that starts getting played in too much, you find yourself taking much more time to get to the finish line. >> No. And I and I understand and I don't I'm not trying to ask you for the inner machinations of the of the financial backing of it, but more specifically to
parcel 11 with regards to zoning. If this was brought in 22 versus now, nothing has changed. >> Correct. >> As far as the rules. >> Correct. >> Perfect. Okay. Thank you. Um
Jody, staff, any other other responses or comments? >> Uh staff does not have any further comments. >> All right. And petitioner, any other re any other testimony? You good? >> All good, sir. Thank you. >> All right. U [snorts]
like to close the hearing and ask the board to formulate a motion. I'll move to bring it to a vote. >> Have a motion. How about a second? >> I'll second. >> All right. Any public comment?
>> Instead of motion to bring it to a vote, we got a motion for approval. Probably >> sorry. Motion to vote on the approval for the specific um >> amendment. >> I will second recommendation. >> I have no public comment. Chair
No public comment. All right. And uh Mary, I'm seeing this does not recall. >> It is a roll call. >> It is a roll call. Okay. All [laughter] righty. All right. Mary, go ahead. That's okay. >> Who likes a roll call, I think. >> Sorry. I am.
>> Board member Whan, >> yes. >> Board member Mona, >> yes. >> Board member James, >> yes. >> Board member Laughlin, >> yes. >> Board member De Bard, >> yes. >> Vice [clears throat] Chair Moser, >> yes. >> Chairman Mcrist, >> yes. Thank you very much.
>> Bye guys. >> Staff update. Does staff have any information you'd like to share with this board? >> I think that's me. I'm going to cross over and go to the other side of the room.
>> Oh, all right. Great. Mary had to Now I'll introduce myself as Mary Kindle, [laughter] the city clerk. >> There we go. And I think Lee is going to join me. >> Um, let's see.
>> I couldn't even It was so big I couldn't email my reception. This was a big traffic. >> I know, right? >> That's true. I guess. >> Okay. >> Hi, everyone. I've had the pleasure of
meeting you all, but um as you know, Susay is the board secretary, so she's in here with you most of the time, and I don't get to see everyone. So, hello. Um, I wanted to kind of go over some public record um, just review public
records and what that means to you as board members. Um, we have a we're touching on Sunshine Law. We're also Am I a little too loud? To me, it's echoing. Okay. >> Um, and then, um, a little bit about financial disclosure, but so feel free.
this is we can communicate back and forth as the presentation goes, but um I'll try and make it as clear and simple as possible. So, um we're going to talk a little bit about what public records are and it
what applies to you as board members. Um elected officials and appointed board members are subject to public record law and the sunshine law. So, um, board members are responsible for their records and must provide them if
requested. Many of you have already gone through this. We talked about it last year, but for anybody who's new as well, it's not bad to have a refresher as well. Um, we're going to talk about the duty to preserve and not delete your records. Um, some places allow you to
turn in your records as you get them or as you have them and then you can just take them off of your own devices. We ask that you hold on to them as long as you're a board member because with every new public records request that comes in, it is the responsibility of the
board member to have those records. I can go back in what I've supplied to somebody before, but I can't swear that that's everything. So, that has to come from you. Um, we're going to understand what board member responsibilities are at the time of being a board member as
well as when your term expires and if you're no longer a board board member. Um, okay. What is a public record? A public record is any record made in connection with the transition transaction of official city business regardless of its
form. Um, so regardless, email, uh, voicemail, text message, um, social media, all of these things are public records. If they are discussing city business or any type of business that may come before you as a board member.
Um, and it is the content that is the public record. It's not necessarily where it's kept. So, if you have a personal cell phone and somebody is texting you and it's a friend of yours and they're asking about what's going to happen about that Aan Lea project, things like that, if you engage in a
conversation about this project that comes before the board, that is public record. Yes. >> What if you're a recipient of something and and you don't respond? Like for example, the developer wrote and asked for a meeting. I never responded. I wasn't able to schedule it, so I didn't
never responded. Does that become a public record? >> It is because there was no background. >> It does. His his correspondence to you does become public record. What's best is for you to either snapshot that and we were going to go over all those little things, but um snapshot that if
it's a text, if it's an email, send it to your city assigned email address. So each one of you, and I'm kind of skipping ahead, but each one of you has received a city assigned email, and that's to protect you any correspondence that goes back and forth. If we get a
public records request for your communications on a particular project, we just go right into the email system. We don't have to bother you. It's when it includes more information that you may have in text or a letter, you know, some other form of communication,
but sending it all through your email or providing it to us when you have it is helpful. [clears throat] Um, let's see. Is public records law applicable to you? Yes. Like we just discussed any elected
appointed um board members uh all have to abide by the the public records law. Um it kind of specifies there emails, texts, written communications, public record and the boards that it applies
to. So our city commissioners are all um subject to law and and I'll go over that. Sorry, I'm skipping ahead. public records law and uh CRA, CRB, and LPA. So, um we [clears throat] just kind of
identified that you're legally responsible for the preservation of those records according to chapter 119, public records law. And um it is the legal obligation of you, the the holder of the public record, to transfer those records to us
upon request. Um upon uh resignation or expiration of your term, then we ask that within 10 days you submit your public records to me, the city clerk, and I just hold on to your records in case we need them, if
we're asked for them. And then at that point you may able to delete them. Okay, let's see. So upon appointment um the first one, the green one does not really apply to you. Um that is a 4-hour annual ethics training that is required
by um elected public officials and then CR board members. So the two members of this board that are CRA members, Mr. James and I believe Mr. de Bard. So, this does apply to you, but as a board
of the CRB, it's not for everyone. So, um that is something we would communicate with you when they come up. You can just kind of keep your eye out. You'll probably receive some information um from the Florida League of Cities or different, you know, places when they
offer these. A lot of times it's in person and sometimes it's online. Go ahead. >> Since we went last year, we have to go again this year. >> It's every year. [laughter] it is every year. Um, and they they provide you a certificate usually, you know, of completion and then you submit
that certificate and we keep it on file. Um, but then, uh, let's see. All boards are to receive training and that's kind of what we're doing right now. Um, just making sure everybody's up on it and if you have any questions about public records, we're here to help. Not only today, Lee and I can answer any
questions, but if you think of something after the fact, of course, always reach out. Um, orientation packet. You guys received an orientation packet from Sousay. It should have been an email that included a bunch of attachments. Um, it included a calendar for all of
your meetings, the public meetings, including these meetings. I have it over on the other counter. I meant to bring it with me. But, um, if there's anything that I mention that you don't have and you want a copy of, just let me know. Also, there's like a um tools. We we provide like helpful tools which
includes email addresses of city employees that you may be in contact with or want to you know ask questions of um the bylaws which are now embedded into the code and um just some helpful information. It
provided links to um public records law various things that you would need as a board member. Um, also each one of you should have received the ethics guide to the sunshine amendment and code of ethics law. It's about an I want to say
80 page booklet that I think we try to provide to you in a full booklet and then there's also a link in the helpful tools. And then let's see also upon appointment um you were
assigned the email address. Has anybody had any trouble with that or has everybody been able to connect to it and receive email from us with our your okay board agendas and of course any correspondence will go through that email address. What they did is they had
it roll to a personal email address that you provided as well because we found when we only supplied a city email address and we expected everybody to go check it. People you're not used to it and people were missing emails all the time. So it simply rolls over to your personal email address.
>> That's a big >> Yeah, it helps, doesn't it? [laughter] And then um we just ask with that email address. That's a great place for you to anytime you get correspondents say an applicant wanted to send you some information on something you're going to
be voting on, forward that to the email address, they should be using your city email address, but if they're not, if somehow they got a hold of your personal email, just forward that email. And then uh same thing with any text messages. We suggest like snapshotting them. Some
people have text message um software that they can download their text messages. So, whatever you have and whatever is easiest. Um but just try and keep it all in one place, it's helpful. And then that little uh in the box is just a suggestion there of um maybe a
standard response in an email that you receive that you could, you know, simply tell people to email you city business at your 80, you know, your city email address. Um, and this is just kind of going through um, you know, some of the
different things, the way you would receive records and what we suggest you do with them. Just like we already mentioned, um, text messages, screenshots is what I do. It's a little old fashioned, but I try not to text city business anyway. We try and keep it at a minimum. It's not recommended, but
um, that way you have a record of it. And then any videos, social media, things like that, anything you can send through that email address is helpful. And like we said at the end, it is the board member's responsibility to keep the records and then if and when
we ever receive a request, then we would come to you and ask you for those records. You don't have to hand them in to me or Susay on a monthly basis or anything like that. So you just have them for if ever requested.
And then uh yes the difference between what is and is not city business um for the most part anything you receive anything you do just consider it public record. But if you're sitting up there on the dis and you're taking notes for
something that you just want to trigger your thought about or remember you know later on to look up then that's not necessarily public record. It's if you convey the information, if you write down or you have a prepared statement
and you come in here and you read from that list, that is then a public record and you should provide that to the clerk. Any am I missing anything on this? Okay. Um and then public records requests. Um just like we said, um if somebody makes
a request, it's your duty to have the records. We'll come to you if we need anything. So you don't have to be constantly worried. Oh my gosh, am I missing a public records request? You're not unless we ask you for it. So, um, and that's usually when it comes to
public records for boards, um, it's usually a hot topic that can be can be quite controversial and so then people want to start communicating and finding out who you're communicating with and things like that. Otherwise, it's it's
pretty quiet. Um, let's see. Once a public records request is received, yep, we will reach out for you. Um, we'll remind you about searching all your files and all your records, even social media, things like that. But, um, it's
just turning it into the clerk. And then at the time that you resign or your, uh, term expires, um, we just ask that you go through everything and submit it. Um, we would like to collect everything
within 10 days. It just makes it nice and clean and easy and then you're on your way and you don't have to worry about usounding you for any public records requests that come in. >> Um, Lee, I don't know if you wanted to mention um that
if there's failure to turn over records and things like that >> be covered on the next slide. >> You want to switch to slide? >> Sure. Um, before I get into that, I wanted to say that you're probably not going to you're probably not going to get a lot of public records requests on your
board, but as Mary just mentioned, if a hot topic comes up, uh, and it eventually leads into litigation, which it it happens, we could have a packed house of people, one of the public hearings, like we didn't have many people other than the applicants here today on these hearings, but in the last
year or two, I think there's been a couple that were a very hot topic and we had a packed room in here and even the sheriff showed up at one of them >> um and and and made a statement about uh his opinion on the development. So stuff like that you pro we may get a public
records request and then ultimately litigation and board member Dardard will know that we can get requests for production and subpoenas and litigation but the public records laws are a little bit more broad than what we can do in in board member Darten when we practice law
we can make objections for a lot of reasons to avoid trying to produce a bunch of records but in public records laws we we don't have as many objections per se And so relevancy is not uh an objection you can make on public
records. So if it's public record, it's a public record. If something like that comes up and it gets overwhelming, I think our city commissioners get a lot more public I know they get a lot more public record from us than [clears throat] our advisory boards. But there is software on one's called Imeazing that's very
good at collecting text messages, you know, especially going back a couple of years. U as far as the potential criminal u liability or exposure that you guys have by being on this board, I wanted to point out some things.
Uh if you if you violate the public records law negligently, it's a criminal infraction or noncriminal infraction and it could be ordered up to I think it's $500 fine for that. If you intentionally
violate the the public public records laws, then it can be a misdemeanor and up to a thousand dollars and also jail time. So, that's something you need to take seriously. You don't want to intentionally violate any of the public records. But there is a difference and a distinction significantly between
intentional and non-intentional. Also, you could be removed from the board and you know in your job too, you can be personally sued in a lawsuit. It's pro probably not likely that someone on the advisory board would be, but definitely the commissioners and and
other staff members. I'm not immune to it myself. I get threatens with suits personally uh in my job regularly. Uh there is attorney's fees. So, you know, when they make a public records request and they request a record and we
don't respond or produce a record that we have, they can file a lawsuit. They don't get damages against the city. What they do is they get attorneys fees. So they could spend a bunch of hours and rack up a bunch of attorneys fees and then the court orders us to produce the
record. Basically, I wanted to talk about a couple of things um before you get to the last slide and especially with social media and it's not in our slide presentation but it comes up a lot. So you just need
to be careful that when you are posting on social media, everybody does that, you know, if it is something that's going to come before you as a board especially, you're going to want if you feel compelled to comment on a post going on um Facebook or one of one of
the other social media, you might want to I would recommend taking a screenshot and and sending it to your email address. And likewise, if someone's asking you a question on Facebook, you might want to forward a screenshot of it, even if you don't respond to it to
your uh uh city uh provided email address just so that it's there. I wouldn't rely on, you know, people can delete post and comments under their post on Facebook all the time. And, you know, I don't want you to be liable, whether it's intentionally or not intentionally, for violating the public
records laws. And I I I looked through a couple of cases and and it more had to do with commissioners, but uh one particular commissioner in Escambia County, he had a Facebook page and things that were coming up he would put on his Facebook page and allow people to
comment, which is a great tool for politicians to use and getting feedback from the from the residents. However, he he was u blocking certain residents from making comments because they disagreed with him. And so the a federal judge ruled that that was in
violation of of you know the law. So um another thing was that same person that was trying to comment on his Facebook page then sent a bunch of public records requests about his social media stuff and I think there was like 25,000 posts
that had to be reviewed by a judge and so a lot of it was personal because it's on his personal page. So the judge had to still review all these posts to see what was city related and not. So although we might have an argument that certain social media posts are not
public, the judge might still read your social media post. So I just put that out there because there are some recent case law where a federal judge has ruled in that fashion and and of course a lot of our uh discussions on public issues
and development are being done on Facebook currently. So, just wanted to give you a couple of tidbits on that. And with that, I'll turn it back over to Mary. >> Yeah. With um just a little side note, um public records requests in general, we've many of times received um requests
for public records or text messages between employees and things like that. And it can happen between board members. Um, and so you kind of have to watch what you say, what you put in writing because if even if it was related to city business, but then it talks about a
co-worker, another board member or something like that and it's not such a nice light, it still is public record and and comes to light. So, sure, >> something has popped in my head and I probably should say, let's say someone else is posting on social media and two
of you are commenting on it and it's coming up the next meeting. That could be u that could be a sunshine violation because you guys are not supposed to communicate about an agenda item or some issue that's going to come before you um outside of our advertised meetings. But
I want this is a new area of law, social media and the Florida sunshine because it it's it's all new and there's not a lot of case law, very few actually that interprets what could be a violation. So you just got to be very careful. The sunshine means that you guys deliberate
and discuss items in the sunshine, not in the shade. [clears throat] All right? And so, uh, anytime two or more of you get together and discuss something, that's a violation of sunshine when it's outside of an advertised meeting here today. So, that's why I wanted to point out that someone might be able to argue
if you guys are both having a conversation on Facebook on a post that you're communicating about an upcoming vote that, you know, you have. And so, I don't want you guys to fall into that trap, per se. Thanks. >> Yeah, I went ahead and skipped uh one of the slides just so I could bring up the
Sunshine Law slide. Um it's just basically what Lee said. Um applies to all advisory boards, you as as board members. Um it covers meetings of two or more members discussing any board business. Meeting must be open to the public with reasonable notice, which
that's why we do it here and uh they're recorded and um live on online. Minutes or records must be maintained. That's our job. And it applies to all formats, whether it's in person, phone, electronic communication, and you know,
any of the forms of meetings and discussing city business. Does anybody have any questions on Sunshine Law? Nope. Okay. So, I'll go >> Oh, actually, one question. >> Oh, sure. >> If I am asked to go through my records and compile public records request, am I
allowed to charge an hourly rate? >> You know, yes. If it's uh what our policy is is 30 minutes, we'll do public record searches and gather up all the information. If it takes more than 30 minutes, we are able to charge the the service fee according to Florida
statute. And um so if it took you more than 30 minutes to gather up your records, I mean I that that's more >> I don't think you're going to be able to charge your hourly rate as an attorney, but >> I don't think to charge my hourly rate. Okay. [laughter] But yeah, under the law, we would be
entitled to >> that they would have to pay upfront before we would have to go through that process. >> And with that being said, we we ask when there is a situation of an extraordinary request, um we let the board member know, please give us an estimate first.
Don't go and do the work because the person may not pay for those records. they might change their mind if it's too exorbitant or you know so um if that's the case don't start doing your search and taking care of everything until we give you the go-ahad but most cases it
takes less than 30 minutes. So, you know, if it's a small request and we ask you to gather up some text messages or emails, it shouldn't take more than 30 minutes. [clears throat] >> We're sharing the mic. And if it's on the city email, you don't have to worry about it. They handle all the searches. So, trying that's why it's trying to
keep it on the city emails. I don't want to really scare you to death of talking to each other outside of a meeting. [cough] [clears throat] It's not my goal, but you just got to be cognizant of it. If you guys are two of you are out in public at lunch, understand the public's going to assume you're talking about it
even though you might be talking about baseball. I I you know and and >> it's perception. >> Yeah. It's the perception of it that you may just avoid it, >> you know, but I don't want you to be scared to talk to each other and say, "Hi, Frank. >> I will as Yeah. I I don't you know, but
just be cognizant of that. People are going to assume you're talking about city business." >> Yeah. and and with that assumption just act accordingly. >> Can I ask a question about um what what we're submitting is as CRB board members
is it only discussions, emails, texts about things in the CRB or is it the entire city of Stewart? Like if I get a random text message and someone's asking me what's going on with the bright line, >> even though well I guess that would be in the different example >> that could potentially come before
>> the traffic calming stuff I've been doing in my neighborhood that's not in the CRB like all those emails and text messages. Do I have to gather all of those >> if you're asked for if >> so anything city not just CR not just within the CRA? It's it's city official
business is what the official city business is what the law says. I mean, it would be arguable that if >> Yeah. It'd be arguable, you know, in a court of law that if someone asked you for
some some documents about the water department that you have no idea about and not any involvement in never will or the police department, I think it would be arguable, but um I I would obviously forward any such request to us and let us handle responding obviously.
>> Okay. >> But I I don't think that's probably going to come up. I you've been on this board for a I don't have you had a public records request since you've been here. I don't >> I did. >> Okay. >> And it was took me a long time to get. >> Right. >> So, some of them can be and it's if it's
a big topic. I have one in my mind where the sheriff came up that that was a big issue. You we we ended up in litigation and that we you might have gotten one. So, it could happen over this year. We could have a development project come through that's very uh uh political.
>> Okay. Thanks. Okay. >> And I also think um if you're um you have those records and you've been communicating with somebody in the city, we would then have those records, you know, from that. But we could receive a
public records request on a t topic that will come before the commission that maybe you were involved in. I would say that's public record. So, >> okay. Yeah. I'm just thinking about like, you know, I've been trying to get traffic coming in my neighborhood and I just get random text messages from
people all the time and I'm just thinking about like how much I need to gather for all of that as well. So, >> on the side of caution, yes. All of it. >> Yeah. >> Okay. Okay. Then I'm going to go back here. I just wanted to talk briefly about
financial disclosure. Um it's listed on your application when you apply to be a board member, but um all board members on this CRB are required to do a financial disclosure form annual with the commission on ethics and um it comes
around in well let's start with the first one here. As new board members, form one is online and they're asked to um fill that out within 30 days. Not necessarily. It does say here um appointment, but we talked about how um
it has to be from the point of like being sworn in. We waited to give this presentation till we had a full board because at the last meeting we didn't. So um just so you're aware, Commission on Ethics Financial Disclosure, it's just something they ask you to go in and
you do the first one as a new board member. um I can send the link around to everyone to your city email that that can make it a little bit easier. So, we'll take care of that in the morning. Um and then um by July 1st of every year um that's when
you're required to do your regular form one. And um you want to do that um it's all online now. It used to be a paper form that was submitted to the um supervisor of elections, but now it is
all online, making it much easier for everyone. Um and then exiting board members, there's an additional form. Form one you still have to do. It's always for the prior year. So what you fill out this year would be for 2025.
So, for those of you who just became board members in 2026, even if you're not a board member in 2027, you have to fill out the form for 2026. So, you're completing the form for the year that you were a board member.
And um form 1 F is the form that you would to do at the time that you leave the board. So, if you're no longer a board member, that is a board um a form that you have to complete. We already covered Sunshine Law, so I
just wanted to go over these takeaways. Um, yes, this board is subject to Sunshine Law and public records. I think we've discussed that enough. I think everybody's got that one. Um, it is your responsibility to maintain all board business related records except for emails through your city email address.
As I mentioned, we will take care of that if that kind of a request comes in. Um, you will be contacted by the city if there is a request and um, we'll let you know exactly what we need from you. Do your best to limit any city related
texts or communication on personal devices. Uh, it just is so much easier. But of course, if you do have some, like we said, forward to your city email. Um, and when separation occurs, uh, submit all public records requests or all public records that you have to the city
clerk. And that is basically it. Does anybody have any additional questions? We covered everything. All right, I think we're good. Thank you so much. >> Thank you, Mary. >> You're welcome.
>> Thank you. >> I'd like to adjourn this meeting right now. >> Okay. >> Thank you for for coming, everybody. Oh, we are in the shadows again.