I'm going to call this meeting to order. Um, roll call. >> Vice Chair Peterson >> here. >> Board member Graco >> here. >> Board member Olette >> here. >> Board member Pomeary >> here. >> And board member Vogle >> here. Um, we're going to do the pledge of
allegiance. >> I pledge algiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.
>> Okay. and Susay has asked me to have us all introduce ourselves maybe kind of we did a few minutes when we were saying hello to each other but um how long you've lived in the area why you want to serve on the board I'll start I guess because I've got the microphone um Dena
Peterson um we've been here full-time since the early 2000s my husband and my son both went to Martin County High School um my and my husband and kids all went through um elementary and middle school here as well. And um my daughter went to South Fork, so we've been here
since early 2000s, but my husband's family's been here since the 40s. So this is home and um glad to help where I can with the city of Stewart. Keep it a great place. I don't know. You want to
>> um Paul Graasso. I grew up here. Uh went to Parker Elementary in Stewart. I went to Stewart Middle School, Martin County High School. Um I am a proud Gator. uh after that and then I I didn't think I would wind up back here, but I came
back and um you know had kids and run a business and all of that and um um had some conversations with some people about uh doing something like this last year and I'm to the point in life where I have the bandwidth to do that now. Um
uh and and spend the time. I I had a background working for a public utility and and doing engineering for them. So, um um I thought this might be a a good fit for me to start to be able to look at things. >> Welcome,
>> Kaitlyn. >> My name is Kaitlyn. Um I have a teenage son at South Fork. He's 14. Uh we've been in this area for 14 years and uh city of Stewart proper three years. Um
and I just care about decisions the city's making and want to be of service to um families like me and hope to have a a a nice place for my son to to come back and raise his family too.
Thank you, Lance. >> Lance Fogle. I've lived in the city of Stewart since 2011. Been vacationing here for a while before that. Fell in love with Stewart first time I came here and uh have lived other places and watched like development and growth
happen uncontrollably and just want to be involved and help you know make Steuart grow in the right way basically. >> Thank you. >> Christina Olette. I've lived here since 2005 and my one son graduated from Martin
County High School and I hope to help Steuart maintain its charm. That's why I hoping to serve. >> Okay. All right. Um, thank you. Um, we
have the annual board reorganization. Are you going to handle that, Susay? >> We'd need to do the oaths first and then >> Oh, the oath. Okay. advisory board member oath. >> I'll be administering the oath to everybody. So, does everybody have a copy of the oath? >> We're about
>> So, we're going to um orally do the oath and then um before you all leave tonight, you'll need to sign in front of um Deputy Clerk here, Susay, and and and so she can sign off and notoriize your signature. But if everybody would stand and raise their right hand
and repeat after me and you can use the uh the written form in front of you. So I state your name. >> Hi Caitlin >> Pomelet >> am qualified under the constitution laws of Florida and the code of ordinances for the city of Stewart Florida. >> am qualified under the constitution laws
of Florida and the code of ordinances for the city of Stewart Florida. to serve as a member of the local planning agency >> to serve as a member of the local planning agency >> and that I will well and faithfully perform the duties >> and that I will well and faithfully
perform the duties >> of an advisory board member on which I'm about to enter. So help me God >> of an advisory board member on which I'm about to enter. So help me God. >> You can be seated. Thank you. >> Okay. Now the annual board
reorganization selection of chair and vice chair. >> All right, I I can do this as well. So um per our co code of ordinances at the usually at the first meeting of the year, you guys will select a chair and a vice chair. We'd prefer that you do it
in two separate motions. Um, I would recommend going uh down the line and seeing if anybody wants to volunteer to be either of those positions so that you're not nominating someone who doesn't want to do it. So, that's what I would recommend. First, >> I guess my concern is our board members
that have not been seated yet, >> right? Well, at our next commission meeting, they will be there are two members that are going to be voted on, but I don't think there's any guarantee that. So I I would and I don't know the outcome of that. So um we have a quorum
here today and I think we need to it's tradition no matter what the board is that we select one um from from the from the panel today as far as a chair and a vice chair. >> Okay. I mean, if you guys obviously have the
opportunity to change that, you know, down the future at some point, but um we we we recently did this with the CRB board and someone was nominated who didn't want to do it. So, instead of making that person embarrassed, I would at least just go down the row and see if
anybody is uh once the volunteer or does want to perform as a chair or a vice chair. >> The duties of the vice chair that well the vice chair just fills in I guess the chair is not here. So the chair the chair runs the meeting and ju just like we're you're seeing here today. Um and
and he or she will control the meeting and who speaks. You'll see a a a light switch in front of you and if you flip it over you'll see the power the light goes on and it'll go to the chair and that so you want if you want to be recognized. So you have to be recognized
by the chair to speak. Uh it is a little bit more complicated and that's probably why it's better if someone who's been on the board for a while be a chair. Yeah. >> The vice chair is not going to chair a meeting unless the chair is out. >> I have chaired a lot of meetings, but I have not been involved in this. So I
would be willing to be vice chair, but not chair. >> Okay, that's good. So that's an example of she's willing to do that. I would just go down the line to see just so you're not I in the CRB we had someone motioning someone that did not want to be chair and then she rejected. So um
that's why I would recommend doing it that way before we do a motion. And once everybody has spoken um everybody but the chair could make a motion and I I motion to uh nominate such and such as the chair. We prefer that you split up
the vice chair and chair and have two different motions. And once someone presents a motion on the floor, then you have to have a second from another member of the board. Once it's there's a motion and a second, the chair then states that we have a motion to nominate such and such and a second. Um and then
we vote on it basically and majority majority of those present here today is is is how it's selected. >> Okay. >> Run your hands down there. >> Anybody chair or vice chair? Anybody have any interest?
not being this new. [laughter] Are you willing to do it, Dina? >> You are you willing to do it? >> You seem like the likely experience. >> Well, I was the vice chair, so I've never led a meeting before. This is my first leading the meeting. Um, which I think I already did one thing out of
order. So, [laughter] >> um, we're here to >> we're here to help you. And it's not, you know, you may screw up here and there, but we'll we'll correct you and put on the record. I I it happened with the CRB. The chair was not prepared. >> Lance was going to step in and do it.
>> Um, sure. I I would do it. >> I nominate. [clears throat] >> Well, let's go down and see if anybody else wants to do it. Okay. All right. >> No, they passed. >> So, I guess at least we have one that wants to is willing to be the chair and one that's willing to be the vice chair. >> So, we'll need a motion from one of the other members.
>> I'll make a motion for Dana to be chair. >> So, we'll need a second. >> I second. >> Okay. So, Peterson, you'll need to say we have a motion to >> We have a motion and a second. And do we do all favor or a roll call? >> All in favor? >> All in favor?
>> Say I. >> I. >> I. >> You say any opposed. >> Any opposed? >> Seeing none. >> Nay. >> Are you? >> No. I said no. I'm not opposed. [laughter] >> I'm not opposed. I'm supposed You're supposed to say no if you say any opposed. >> Yeah. You got to verbally say yes or no
or I or not. You know, so that there's a clear record for it. >> Yes. So now we need another motion. >> Motion for um to elect Christina to vice chair. >> Okay. And we need a second. >> A second. >> Okay. So we have a first motion and a
second motion. All in favor say I. >> I. >> I. All opposed. >> Seeing none. >> None. >> All right. >> Okay. >> Oh, you can move me around all the time.
Be careful seats back on you. >> Thank you so much. >> All right. >> When everyone's here, you get kicked out again back down. >> Yeah, I will. It's just it's easier for me up here than sitting down there and having to go up. >> I'm a president on many boards. It gets
to be so easy. >> A lot of times there's so much doesn't show up. So, >> okay. So, I guess we're done with that. Um, approval of the agenda. >> Motion to approve. >> Second. >> All in favor?
>> I say I >> I. >> And do I have to say all opposed? >> Any opposed? >> Any opposed? >> Any opposed? >> Seeing none. >> Seeing none. >> Motion carries. >> Motion carries. Approval of the minutes. >> Um, do we have anybody who wants to approve the minutes from 113 2025?
>> Move to approve the minute >> and a second. >> Second. Um, we have a motion and a second. All in favor say I. I. >> I. >> Um, all opposed. >> Any opposed say? >> None. Okay. All good.
>> Okay. Do we have any public comments? Non-aggenda related comments. >> Chair, I have none. >> You have none. Okay. Um, do we have any comments by board members? No. Okay. Today we have one action item.
Um, and now I should just read it for everybody. >> Um, I can do it. I typically do. So, >> so ordinance number 2547-2026, an ordinance of the city commission of the city of Steuart, Florida, amending section 8.07.07
07 of the city's land development code in compliance with recently enacted legisl legislation Senate Bill 954 providing for conflict providing for codification providing for an effective date and for other purposes.
So I'm going to handle this one as well as far as giving an introduction and a background to this. uh one of your duties as the as as the LPA. We it's another acronym instead of saying uh the board we use LPA as an acronym. So
you'll probably hear that frequently. So one of your duties as a member of the board of the LPA is um reviewing and holding a hearing in regards to text amendments to the land development code. You have other job duties and but this is something that you're probably not
going to see as often. Uh the most common thing you're going to probably see is a developer trying to do like a reszoning application or a variance or something to that that effect. Um so what happened is uh last effective July
of of last year uh Senate Bill 954 was enact that was uh um enacted and and became effective last summer and it required that the city um have and adopt uh an ordinance and a
procedure for um rec certified recovery residents. and it amended certain statutes and some of the one of the statutes applied to uh the city having a a request for reasonable accommodation. It required that the city have one.
Well, the city already had one. So, and and that's why we're amending it. So, um since the city already had one, I I reviewed because I this was something that I had done. So, I reviewed what the statute, this new statute and bill required and what we had and there was
some requirements that we needed to add to our our code and update it basically because of this new law. And I'll go over some of those things in a minute. And and while I was in there, I was I took the opportunity to clean up some things that needed to be cleaned up that I saw that I thought needed to be
spruced up a little bit. And I'll go through some of those as well. So, this is something that we're required to do. And then uh what we're looking for is uh once I go through this is a a motion for approval and a recommendation to the city commission to approve this and then it's going to go on to the city
commission. And when it's an ordinance, we have to have two readings, two separate public hearings on it. But with you guys, we only have to have one hearing. All right. So, I want to go through and and I don't know if you guys looked at the agenda before you got here, but um there is a redline copy
attached to the agenda. And so, I'll go through some of those changes. and additions that I made. I mentioned that I cleaned up some stuff and I had to add some stuff required under this new bill. Uh some of the first changes I made is we didn't in our whoever wrote the
ordinance originally didn't actually cite the statutes. So there's the Fair Housing Amendments Act and there's also the Americans with Disability Act. I assume most of you have heard of some of these laws. So I cited to the to the actual acts and gave the actual um code
citations. That's something we do as lawyers. We actually added you know where the proper legal citation. We didn't have that in the polic or in our ordinance originally and we had gone right to acronyms. So um typically when you're going to use an acronym you want
to add the statute that you're going to use as an acronym. Everybody knows what the ADA is but we needed to identify what it was. So, I did that in the opening paragraph. Um, one of the things I noticed in the in the current um
code on this was it said if you if person wanted to request a reasonable accommodation, they were to submit it to the city, but it didn't say to who. Since I've been here for a couple years, they ended up submitting we've had one or two and they've submitted it to me. So, I just cleaned it up to add the city attorney's office. Basically,
the statute had some extra extra stuff in here that we didn't have written in our code. We probably did it as a matter of practice, but I'm just adding it to the code. One of the things is when they um submit a request for reasonable accommodation, and it's usually for
certified recovery residents, I want to go back and it's it's usually someone that's in active treatment for uh an addiction to alcohol or drugs. If they are in active use and consumption, they are not considered disabled. But if they are in active um rehab, they are
considered disabled under the Americans with Disability Act and the Fair Housing Act. So they're entitled they're they're a protected class. They're entitled to be free of discrimination and our in our land development code. Does that make sense? So they can come to us and request a reasonable accommodation from
our code so that they can live somewhere in the city. And so, uh, some of the the Senate bill said that, um, the city needs to date stamp an application when we receive it. It wasn't written in the code, but I know that the clerks when we
receive something up front, they usually do date stamp it, but I'm just adding that to the to their code because the statute requires it. Um, I added some stuff in here on um what to do when we receive medical information because when someone has a disability, they have to
prove to us they have a disability. uh it it may be and this is our our ordinance for all disabilities. So it could be another type of disability um that would have medical records but even in a active um rehab there's going to be medical records that they would produce
and that would be confidential information. So I have put in there what what do we do when we have confidential information because sometimes we can get public records requests and we have to exempt this confidential information. So I I applied some language in there on that. Um, in addition,
um, I put in some procedures. Um, what happens if, um, they submit an application and the city responds saying, "Hey, we need more information." And then they never respond and a year goes by and they never respond. So, we put in some deadlines. Hey, you got to
respond within so many days. Uh, otherwise, it's it's that your application is now concluded or withdrawn. Um, so I added some language on that. The statute says that a final written determination by the city on an application must be within 60
days. We had 30 days in our in our ordinance. So I'm just going to be consistent with the statute and put 60 days. Um, I also um I added an appeal process. We had um it was a very simple that an appeal
decision would be be filed with the city within 30 days. I actually added a lot more information of what is entailed in appealing a decision. [cough] [clears throat] Um, typically like I was saying that the the application would come to me and I would do a written
determination or if I needed more information, I would ask for it or do a final written determination on whether or not their application meets the qualifications under ordinance to have a dis or have an accommodation be met. um whether I deny it, accept it, um or
need more information, those are the options. But if I do deny it, they can appeal it. Um and I I ask that they submit the appeal to me and then we also set it up at a magistrate hearing. So our magistrate is hired [clears throat] and they hear our code enforcement stuff
and they they sit where you all do and and people that have, you know, when code enforcements and stuff have hearings, they come in the dis chambers here. Excuse [clears throat] me, I'm losing my voice here. And and so the magistrate hears those issues. So we would add something like that to to a
magistrate hearing. The magistrate here or she meets once a month and and people come for code enforcement issues and and appeals like this. So there would be a public hearing that is open to the public and they can come and then I also have an additional appeal. If if they
are unhappy with the magistrate's decision, then it could be appealed to the circuit court down the street here at Martin County Courthouse. Um, let's see here. Look at some of these other things that I added. I added I I I looked at this is not
necessarily required. Um, but the the new Senate bill allows us to have like a revocation and I put in some uh grounds like the city manager could revoke an an application if they provided like false information.
um or that we do give them a a a development order that they can do, they can live where they want to and we usually have some conditions. So, um and if they violate any of those conditions,
let's say they have we're allowing them to have 10 cars, you know, parking there and they have 50 every day. That would be like a violation of a condition. uh we would give them an opportunity to correct or cure the problem and so forth. So I have a procedure on in place on that. Um
I also uh added a a clause in here that was not there before that this you don't get a a a reasonable accommodation order and then it's indefinite. So, I had in here I added that it has to be renewed on an annual basis. That way, it's not an indefinite issue and they still have to come back
and say, "Hey, I'm still disabled um you know, like a someone who's in in rehab and gets you know, out of rehab um you know that that they might not they're not going to be in rehab forever. Does that make sense?" So, depending on the situation and and the
housing or whatever how it's set up, they're going to have to come back to us and renew every year. There's many different situations. You could have a detox facility, medical treatment, and [clears throat] people living there. You could have like a condo with people living in. There's a lot of variations as what could happen under this this
particular law. Last but not least, um there I I we wave any fee um for anybody who's um covered under the law that applies for a reasonable accommodation. And we also put in there that we're not responsible for their attorney's fees and we don't
provide them with a lawyer. they have the option of having a lawyer and they're just going to have to pay out of their own pockets to have a lawyer to represent them through the procedure. So, that's kind of like a summary of the stuff that I added to it. Um, we're looking for a motion today for approval
of the recommendations for the text amendments to um section 8.0707. And [clears throat] we'd like to get a motion and and a obviously a second and and an approval to to give to the board at the next meeting. to the city
commission board >> and is now a time to see if there was any comments from the public or any >> I so what we would need to do is the best thing would be there would have to be a motion for approval >> and then a second and then you say
there's been a motion and and a second on on approval of the text amendments. Um do I have any public comment on this issue? >> Do we have a motion? I make a motion to approve the additional text >> text amendments.
>> Text amendments. >> Yes. And do we have a second? >> I'll second. >> Okay. Do we have any public comments on this motion, >> chair? I have none. >> You can come up and talk and fill out a form when you're done. If you want to
come forward, >> if you'd come to the podium and state your name, please. >> My name is Joseph and Julie. I grew up in this town starting in 1998. After Hurricane Floyd, we moved here. So, I went through something similar
process in West Palm Beach. I just implore you guys to make sure that the units are kept clean because sometimes they will dirty up the units. waste management. They have to have a good way of getting trash in and out of the building. Otherwise, disease will spread
and infestations will start. >> Just make sure that they have good waste management in these buildings because sometimes they aren't conscientious of that are used to that where they're from, where they're coming from. >> That's all. >> Thank you >> for now.
>> If you get a green card to fill out blue, sorry. >> Okay. Can I ask a couple of questions? >> Sure. >> Okay. I guess some of um like the annual renewal, the deadlines, um the appeals process, is that part of the new statute
that we were required to add or is that something you're adding to just codify what we're already doing? >> We're not already doing it. I'm I'm asking to update it um though the the the timelines and so forth. I'm adding
that's not required by the new legislation. >> Okay. And that's basically [clears throat] my impression. I've had to deal with one of these so far and and when I went through the process, I learned I wish we had this. I wish we had that. >> But it at the time it wasn't worth going
through the whole process of amending the text. I was just going to do it. But since this new legislation is requiring us to update some of our our code, I'm throwing it in there. Just like I, you know, putting in the Americans with Disability Act, I wouldn't have done that just to do it, but since we're required to make some upgrades, I'm
adding in in into the process or the procedure. >> Okay. So, what was actually required by the statute that we did were not doing. So in section C >> 2C, address of property and parcel identification number. The statute
requires that they're required to give us both the address of the property and the parcel identification number. We only had the address. We didn't have okay parcel identification number. >> Um number C3. >> Upon receipt, the city shall date stamp
the written request for accommodation. we were doing that, but >> the the statute requires we have it in our code. So, I'm adding that um [clears throat] the the 30 and 60 days difference as far as providing a final written
determination that the the statute requires 60 days. So, I I've changed that. um the revocation of an approved reasonable accommodation. It didn't the statute didn't mandate it,
but it allowed for it. We didn't have it. So, I thought it'd be best to put it in there because [clears throat] uh one of the one of the issues um like I was saying, it's kind of unlimited that it would if they got an order, when does it expire? You know,
kind of thing. So, um and if they did provide false information, I you know, there would be grounds to revoke this this it's it's in it's in essence in a development order. they they're going to bypass if someone wants to make a request for a reasonable accommodation, they're bypassing the public hearing
process and it has to be approved administratively. So, I would do my best to present like a development order and and like the gentleman who stood up and spoke to be clean. That would be we put some language in the development order. It would be like
a a traditional development order um like on a a planned unit development. uh all that stuff would be addressed in a development order. So by doing a reasonable a request for reasonable accommodation, they're bypassing the whole public hearing process and it's being approved administratively if that
makes sense. >> So um there would be conditions in the development order, >> you know, just like a regular development order. It just would never be public, it would never be a public hearing where the commission would vote on it.
>> Okay. >> Anybody? I had a question. The the the revocation provision uh stipulates um
misleading information on the application. Um um I'm wondering looking at the state statute, it talked about the certification process for recovery homes. >> That's a separate that doesn't So the the the Senate Bill 954 [clears throat]
talked about um requests for reasonable accommodations and then that what you're talking about is a different statute that deals with the what how what is a certified recovery residence that doesn't apply to us. I understand what I'm what I'm talking
what I wanted to ask was if um the the the state one talked about how if um if to be certified there were things that had to be met and and they had to have a certain person that was heading it up and they had to be certified and
if they were in violation of something they would be almost like on probation the way the language looked to me. So I wonder if um I if that was happening with such a place if it would be a grounds for the city to revoke the
application if they if their certification was in question. Well, if you look at the next, so under H1 lowercase Roman numeral 3, [clears throat] any applicable state or federal certification has expired, has been
revoked, or the applicant has failed to maintain the certification [cough and clears throat] or license lensure as required under chapter 397 Florida statutes. So, I think that proposed language is covering your concern. >> It is. Thank you. >> Yep.
>> Anybody? Anybody else? Any questions, concerns? So, do we go for and do we need a roll call or just an >> No, we need to do a roll call on it because it's an ordinance. So, >> okay. All right. So, we have a second,
>> a first and a second. So, um Susay, do you want to do the roll call? Absolutely. Chair Peterson, >> yes. >> Board member Vogle, >> yes. >> Vice Chair Olette, >> yes. >> Board member Graaso, >> yes. and board member Paul Mary. >> Yes. >> Motion passes.
>> Do we have a staff update? Anything? >> The development staff has not appeared. They didn't have anything today. So, >> okay. So, meeting adjourned. >> No, we have to do a motion, I think, don't we? >> Some people do, but if you want to do if you want to do a motion to adjurnn, that's fine, but I think you can just
adjourn because the agenda says we're we're done. So, >> okay. Meeting adjourned. >> Thank you. Thank you.