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This regular meeting of the stewart city commission for the 13th of october, 2025. Thank

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you all for attending. The invocation will be provided this afternoon by pastor james

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harp of the stewart alliance church. And whether you then please lead us in the pledge of

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allegiance. Please stand. Okay. Let's pray. Our father, I thank you for this day and thank you,

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god, for this opportunity that we have together here. Lord, we want to bless your holy name

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today. And it says in your word as as you're blessed, you bless us. And I think everyone here

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would just be thrilled to receive a blessing from you today, father. So we just commit this time to you. Thank you for these elected officials that serve us in this community.

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lord, we do ask your blessing upon them and their families. Protect them. Provide for them.

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lord, keep them healthy. And we thank you, lord, for the work that's being done in and

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through our community. Father. So lord, we just once again commit this day into your hands

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this afternoon, into your hands, this meeting into your hands. And we thank you in advance for

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how you're going to reveal yourself and that your presence would be manifest with us. We

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pray in jesus name. Amen. Amen. I pledge allegiance to the flag of the united states of america,

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and to the republic for which it stands. One nation under god, indivisible, with liberty and

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justice for all. Thank you, pastor harp. And I'm always delighted to see tutus. So

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before I introduce you and the arts moment, my daughter was a professional ballet dancer. She

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danced professionally until she was 30 years old. You cannot imagine how many nutcrackers. I

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have had to sit through. Yes. Can we have the roll call, please? Mayor rich here, vice

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mayor collins here. Commissioner clark here. Commissioner job here,

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commissioner reid here. So this is the florida arts and dance company, and they're going to

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provide us with a very compact recital. This baby. Okay. Well, the. Good service award. Is

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there something on here? Cool. All right. The chair's back.

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okay.

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chinese.

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thank you very much. One more. Oh, sorry. Last but not least.

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okay, all of you come up, come up front with the moms and the teachers. Miss

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nina. Oh, there you are. And something was up. Beautiful. Thank you. You know what?

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please tell us when the shows are going to be. Nina. Okay. The shows will be at the lyric

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theater december 12th to the 14th. Thank you, thank you. Good job. Okay, mr. Bhagat. The

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first of our two proclamations this afternoon, florida city government week. Florida city

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government week, october 20th through the 26th, 2025. Whereas city government is the

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government closest to the most citizens and the one with the most direct daily impact upon

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its residents, municipal government provides services and programs that enhance the

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quality of life for residents making their city their home. And whereas city government is

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administered for and by its citizens and is dependent upon public commitment to and

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understanding of its many responsibilities, city government officials and

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employees share the responsibility to pass along the understanding of public

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services and their benefits. And whereas florida city government week offers an

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important opportunity for elected officials and city staff to spread the word to all

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citizens of florida that they can shape and influence this branch of government. And

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whereas, florida league of cities and its member cities, of which stuart is a member,

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have joined together to teach citizens about municipal government through a variety of

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activities. Now, therefore, I, campbell rich, mayor of the city of stuart, do hereby

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proclaim october 20th through october 26th, 20 2025, as florida city government week

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and accepting this proclamation in recognition of florida city government week is the city of

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stuart's own clerk, mary kendall. It's not often I get to be on this side of the

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microphone, but thank you very much for the proclamation. It's just, as you guys are aware,

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city government week happens every year, usually third week in october, and we just try and

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celebrate it by bringing awareness to what the city does and what, you know, things we

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offer different things. We've done several different things throughout the years. But this

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year we we kind of snuck up on us a little bit. So we're making it simple. But we've

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been working together, photographs of our departments kind of doing something silly.

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we wanted to be a little more lighthearted this year, and misty is going to be taking

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care of that and putting that on our stuart life facebook page. You know, just for fun,

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introducing our departments and and what that department does for the city. Thank you, thank

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you, thank you, thank you. Once you get through. Yeah, I guess. So. Dance. Thank you. Mary.

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okay, mr. Baggett, on a more serious note, domestic violence awareness month, october 2025.

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whereas domestic violence is a serious, widespread issue that affects individuals in every

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community, regardless of age, race, income or education level, and leaves a lasting impact on

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survivors, families and communities. And whereas more than 1 in 3 women and 1 in 4

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men in the united states have experienced physical violence, threats, or abuse from an

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intimate partner during their lifetimes, the effects of domestic violence extend beyond

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the immediate harm caused to survivors impacting children, workplaces, health systems, and

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entire communities. And whereas safety, support solidarity is the theme for the domestic

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violence awareness month 2025, uniting communities nationwide and here on the treasure coast

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and standing with survivors, safe space is the only certified domestic violence

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center serving martin, saint lucie and indian river counties, providing life saving services

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such as 24 seven shelter, a confidential hotline, legal advocacy, children's programs

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and financial empowerment to help survivors achieve safety and stability. And whereas it

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is vital to recognize the importance of safe space work and to encourage community

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members, employers, faith leaders and civic organizations to act by raising awareness,

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learning the signs of abuse, and offering a compassionate support to survivors. Now,

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therefore, I, campbell rich, mayor of the city of stuart, do hereby proclaim october 2025 as

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domestic violence awareness month and accepting this proclamation and recognition of

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domestic violence awareness month. Is the ceo of safe space and apparently a few members of

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her team. Jennifer fox good afternoon, miss fox. Good afternoon, commissioners and

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community members again. Jennifer fox, the ceo of safe space. On behalf of safe space,

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our staff behind us and our board members and survivors of domestic violence, I want to

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thank you for recognizing october as domestic violence awareness month. I do think

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this proclamation sends a strong message to survivors across our community that says,

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you are not alone. Domestic abuse can be found in every neighborhood, workplace and

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school. Yet survivors do feel alone. Every statistic represents a person, a parent,

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a child, a neighbor who deserves to be safe in their own home. Safe space is the

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only state certified domestic violence center serving martin county. And just to give an idea, our crisis hotline answers between 200 and 275 calls every month. Last year,

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we served 891 survivors of domestic violence, 165 of those were kids, 378 people stayed in

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our safe home, and we provided legal advocacy and representation in court. Thanks

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to our attorneys here to 359 survivors in our community. So we're talking about almost 900

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people, almost 900 people who found us, and 900 people who are safer because of the

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support of this community. This year's domestic violence awareness theme, safety,

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support and solidarity, reminds us that everyone has a role to play. Safety means making sure

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survivors have a place to turn 24 hours a day. Support means listening without judgment,

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connecting friends, family or colleagues to resources, and solidarity means standing

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together, wearing purple, raising awareness and ensuring survivors know that this

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community is with them. So we want to invite the community to get involved throughout the

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month of october. This thursday, october 16th is purple thursday. It's something that happens

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across the nation where we encourage everyone to wear purple and show solidarity with

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survivors. And you can post yourself wearing purple with the hashtag with survivors.

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this friday, october 17th, we're gathering at the tesoro club in port saint lucie for

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our amethyst gala. This is our signature fundraising event that shines light on survivors

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stories and then raises critical funds. And then thursday, october 23rd, we host

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our day of giving. It's a community wide day of generosity to support survivors here in the treasure coast. So just to learn more about these events, services we provide are

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ways to help. Please visit our website at safe spaceflight. And also you could follow us

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social. Follow us on social media. So thank you for using your platform to shine a light

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on this issue, and for standing with survivors of domestic violence. Thank you, thank you,

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thank you. 16. You may want to go in the front, amy, in the front. Do it. Perfect. Look

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this way. Smile. Thank you. Take care, take care. Take care. All right. Take care. Good. No,

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they had to order that I can get. I can get the details because I'll. I'll get. Okay.

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we have. Six service awards this afternoon. And I'll start with recognizing five years of

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service in utilities and engineering is kevin mcdonald's. Do you have a speech prepared?

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oh, go ahead, just say how much you love working for the city. Kevin is like, no way.

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he also recognize you. Five years of service with the police

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department. Timothy's. I believe he's not able to be here on duty. Right? Yeah. Ten

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years of service in the development department? Yes. Speech. I have a little

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something. Thank you for this recognition. It's an honor to receive a ten year service

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award. And I truly appreciate the opportunity to have contributed to this organization over the years. During my time here, I've had the privilege of working

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alongside some incredibly talented individuals and learning many valuable lessons. I'm proud of the work we've done in the milestones we've reached together. I will always

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look back on the positive experiences and the people who made this journey worthwhile. Thank you again for the recognition and I wish everyone continued success moving

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forward. It was very nice. There's an envelope. Oh, heavy. And also ten years of service

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in utilities and engineering and hawkins. All right, if you twisted my arm, I'll say

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something. No. Everyone always says I use my allotted time up during meetings, so I'll try

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and be brief. No, I just want to say thank you, especially to my coworkers across the

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utilities and the sanitation team. I always ask a lot of them, and they're always very

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quick to deliver and assist me with ever cleanups or programs that I'm working on, so I do

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appreciate their support. It's been a quick ten years. We've done a lot, but edith is my

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work twin. We actually began working on the same day, and roger johnson, strong at the

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time, onboarded both of us. So it's been a real blessing to work here at the city, and I do

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appreciate all your support. Yes, yes, yes of course. You say no. Okay. Mister hawkins.

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and also in utilities and engineering department with 15 years of service is bradley

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howard. Thank you. Thank you. And finally, I've heard of her 15 years of service in human

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resources. She's strong. I do have a little something to say. So when we celebrate milestones

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like these, we are always reminded of how quickly time passes us by. I remember my

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interview as if it happened yesterday. I met with our finance director, jolie

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boglioli, who was second in command at the time, and the former hr director, linda

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torpey. And I was excited to start my new journey, and I'm still can't believe it was 15

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years ago. It really seems like yesterday. I have an amazing team in human resources, karen

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and debbie and maggie and jan, although I only have jan at 25% because the chiefs dominate the

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rest of her time. So I have a little bit of jan, and we have the pleasure of serving the

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needs of all of our employees and their families. I look forward to coming to work every

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day and working alongside such talented, dedicated and engaged people. To say that the city of

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stuart employs some of the finest would be an understatement. Just walk around and meet them and you'll see. This is a big year of numbers for me. This is my 40th

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year in human resources, my 25th year in public service, my 15th year with the city. And

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I'll turn 60 in a few weeks. So I'm going to play those numbers and hope something comes out of

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that. But thank you for providing me the opportunity to continue my career with the

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city. She did own that 60. Thank you so much. Okay. Development application

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approval processes and procedures. This is a presentation from the

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development department. I think jodi's hiding behind the computer over there. Right. Jodi, we need to give her a higher chair. Are you ready? Yes, sir. Okay. Good evening.

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my name is jerry kugler. I'm with the development department. Tonight. I'll be presenting to

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you the land development application, the approval process and the procedure. This

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is for each application that we receive. This goes through the the requirements that we have

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to do to move the applications forward. So what is the purpose for a development application

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review. One is to ensure compliance with the local zoning laws and planning

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policies, to protect the public interest and maintain environmental integrity.

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promote promote sustainable growth and development, provide transparency and accountability

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at each stage of the development process. Facilitate the approval of development projects that align with the community needs in the process. Begins with a pre-application

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consultation, where developers engage with the planning department and identify potential obstacles. In our land development code, we have 14 different types of

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applications that we process on a that you can apply for. Some of them are like major code

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conditional. Use your large scale comprehensive plan, your minor development plans, your

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plat applications. They all part of. They all have a different process in the code

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and how we are to approach them. In our code. We also have an exemption that when you're

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doing a development permit, that you could be exempt if you don't alter the existing

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building or structure. So as long as change is not made to the gross floor, it's use and

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the amount of impervious surface on the site, the applicant may seek a change of

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use of an existing building or structure by applying for issues on an occupational

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license, so long as it does not adversely impact the following, including, but not limited to

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parking and level of service. We we are right now taking this language and working on a

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change of use application that would meet the intent of this code. So when people come in or

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when folks come in or applicants they wanted, they have an existing building and

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they want to convert it into a use that is permitted through the zoning code. But the

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building itself was not designed like a restaurant to a office building or an office

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building to a restaurant or medical office. So in zoning, we look at all those and

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hopefully we can come up with a change of use application so it would not burden the applicant.

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so each application that we receive there is in our code, it talks about an application

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review timelines. When the city first receives an application, we call what's called a

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completeness review. We have 30 days to do a completeness review in our department. We've

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kind of set the goals a little higher. We try to do it within 5 to 10 days, so the applicant

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can kind of know what they're going to need to submit, or if they met all the requirements

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to review that application. If the applicant is application is deficient, they have 30 days to

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address the deficiencies. Once the applicant application is deemed complete, the city has

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120 days or 180 days for applications that require final action through a quasi judicial

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hearing or public hearing, the city development department shall also routes these

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applications to each department for department review and submit, and they are to submit

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comments within 20 working days after receipt. And at that time, if the applicant needs more

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time, they can ask for an extension so they don't meet. They don't go up to those

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deadlines. This is just the first review for compliance review. And sometimes the

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applicant can go to 2 or 3 reviews and those timelines do apply. So once the application

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is considered in compliance it is deemed in compliance or not in compliance. At that point,

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we will move that application through the next process, which either is administratively or

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if they need a public hearing. And the different reviewing departments. These are all the

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different reviewing departments that review each application. So when you submit a planned

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unit development, all these departments will weigh in on comments to make sure that

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they're in compliance. And some of those the first round does not always happen. Typically

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it's about two rounds, 2 to 3 rounds before the applicant and the city will deem the

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application in compliance. So I'm going to switch over to our our portal, the opengov portal

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that we just now have rolled out. So all our applications are online now. So the

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application applicant, as soon as they submit it's real time. So if we're responding the

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portal it's real time back to the applicant. They can converse back and forth with

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staff. And I'm just going to show you how this process works. Okay. So this is this today is

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what my dashboard looks like today. So if I go into and I look at all my projects that I

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have, I'm going to go in here and look at all my projects. These right now are all the

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projects in the city, in this planning department right now. And they're all different

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stages. So I just want to show you one of the projects that we recently received and how the

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that process is applied. So this is a major site plan for 50 southwest dixie highway.

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this is going to be a marina with a restaurant. Oh, I'm sorry this is the wrong one.

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yeah. Yeah. This I'm sorry. This is the right one. So you can see the applicant submitted

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to us through the portal. They created their own login. They submitted. They submitted on

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the on the 8th of august, and our planning department put them in compliance on august

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14th. They paid their fees, and now they're starting their review process. So this is the

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first review that we received and all their attachments that each department are reviewing

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are in into the portal. So as you can see this is the first review. They we were able to

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get this application out and in compliance. And then most of the applicant or or the

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different departments responded within 20 days. The last 20 working days, if you can see

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the ones in red, that review needs to have a second review, the one in green. That review

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has been reviewed and approved. So now we what we do is move it to the next level. So right now

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we're waiting for the applicant to resubmit for their second review. Addressing the comments. And you can see these are the comments within the applicant inside the different reviews.

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so they see this immediately. So as soon as we put this in there this is what the

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applicant gets an email notification that, hey, your review has been done for engineering and it's either rejected or approved or needs additional work. In this case

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this one needs additional work. And this is what was provided to them for that review. You

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can see same thing with the survey review. So in the past they've had to wait for

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everybody to submit comments and for the planner to prepare a report and get that out to

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the the applicant. The way the system is now designed is that they can go in there and they

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say, okay, I see the review for the survey has was rejected. I need to address all these

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comments. So the surveyor their surveyor can be working on these these comments while, you

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know, maybe they're working on the on the traffic and everything and then they can resubmit and it keeps moving them through the process. So this is just essentially how

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we're trying to expedite the process for the development review. Once this as you can

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see, once it goes through the process it'll prepare the development order. And it goes through all these different other departments before it actually gets closed out. Also,

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we another thing that we have designed is in this portal is available for anybody to review.

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so if anybody wants to know what's going on at 50 south northwest dixie highway, they

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can create an account and log in and type in that address, and it will give you all the

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activity that's happening on this address. And you can click in there and you can you can

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see what's going on. So this is their attachments. You can see this is the site plan. And this

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is just showing what they're reviewing. Also we have created another portal. So if you don't

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want to go into our portal or create a login name, you can also go under our website. Just

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put that in there for you. Going into our department and planning, and we just try to

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give you a little bit of a snapshot of what planning is doing, in case you want to know.

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so and this is this is our active dashboard that shows you everything in yellow is pre-ap

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is in a pre-application stage and everything in pink is in review right now. And you can

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literally you could go in here and click on these and you can know exactly what's what that

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application is. And it tells you what the application who the planner is. So if you

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wanted to contact the planner and find out a little bit more information, you can contact them. So these are some of the things that we're trying to do to improve our development

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applications. Some of the other things that we would like to try to do is find ways to

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expedite existing buildings when they need to convert over to a different type of use. But

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it may not be a lot a negative impact to your neighbors, or it may not be any additional

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facade changes or landscaping, but it also could possibly go through a building permit

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process. This concludes staff's presentation. I did want to show you your building permit

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side. So this is the same system that we use for our building permits. So I did pull

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out one just to kind of show you how the people who were going through the building

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process can maneuver through that as well. 16 1634 okay. So same concept. So once you see

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the workflow you'll understand that. So they have an intake as well. This is a new house at

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816 southwest saint lucy crescent. And you can see it came in on the eighth on the

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sixth. And it was I'm sorry, july, july 7th. And it was completed their review, they

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went through all the review process and the permit was issued. Let me see here. If

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permit was issued august 13th. So that's less than 30. That's about 30 days including your

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not your not including your holidays or your weekends. So we are trying to be a little

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bit more efficient. We have issued roofing permits within two days, so we're always

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continuously trying to find ways to move through the process quicker and to try to

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get compliance without without having to go through all the bureaucracy of the of the code

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sometimes. So this concludes my presentation. If you have any questions for me or if you'd

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like to look at possibly changing some of the requirements, staff is always

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willing to assist with that. Are there any questions of jody? I do. How do we sign up? Is

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this just an open gov account? This is where where would we go on the city website to make an

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account. So I can show you that. So you can go through our building department or you can

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go through our planning department. You can go through our business tax receipt. But in this case I'll just show you. Yeah. Like if we're on the home page for the city. So that's a

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good question. So we did look today and we noticed that we did not have a button just on

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our home page. And we did note that that we're going to work with our department to put an

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actual button. So you can sign up right there. You just like search it on google then or you

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would search it under our you can go to development department or building. And we

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do have a button that tells you how to log in and everything. So but it's public access right.

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anybody can anybody can log in. They would just create a they would just create an account.

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and you only need it if you have one account. So if you have your, your business tax

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receipt or you have a building permit or you have a development permit, you only have to create one account. Everything gets attached to that account. Can you access it

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without having an account? I don't think so. I think you have to have an account. So

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then if we wanted to, we'd have to create an account. Yes, you would create it. And that goes.

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is there any way to make it not have an account where you can just view it, or is that I

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don't know if that's like a daring question, or maybe mike would know. I don't know if

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it's for security, but like some people don't want to create an account. I think it's

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an inconvenience to be able to view public information. In my opinion, though, I can

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certainly find out and give you an update on that if you have to create an account. I don't

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have that answer right now. No worries. So if we're on the development department on on

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the city site. Got your building, just got a building. Building. Building back. Back

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up. Yeah. Got a building. Okay. So you can also go through the business tags too. Yeah. You

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can go through. So there's a button on the building department and it tells you how

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to log in or create an account right there. Okay I see it. And that's good because then you

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can see all the comments. You can see all the attachments. Because like the biggest thing

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that I, I hear people call me on is that the process takes a long, long time. Right now,

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other than calling jody, we have to follow up on it that that's like the biggest

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feedback that I, I get is that there was one person that brought something up. So like,

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you can get third party plan review for building but not for zoning. Correct. The state

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statute does allow you to do a third party plan review for building permits, not for, not

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for development permits, for development stuff. That's that's considered a private

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provider is how it's referred into the state statutes. Now, now when we do that anyway,

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does it get sent out or am I thinking different? Jody. Like, I know it gets sent to like,

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kimley-horn and like joe capra. Is that the same concept? And then the city has their own

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internal where it gets sent out, obviously to police, fire and stuff like that. Yes. So how it

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works is some of the disciplines that require for the application, like traffic

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review surveys, we don't have those on staff, so those are sent to our consultants for

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their review. But planning and pretty much everything else besides traffic and your survey

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and sometimes your tree mitigation, depending on if there's some environmental or

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wetlands, we do rely on our consultants to help us with that review. But as far as

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planning comments and everything that happens with our department and we go

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through, yes, with the applicant be able to send it out themselves to kimley-horn

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and joe kapoor or no, the city likes to be involved. So the process. So the city has a

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contract with our individual consultants that have discounted rates. So we use

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those rates. Gotcha. So if not, they're going to be paying a little bit more than what we

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have a contract with. Do they have that option though to do that if they we don't desired

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or in our code right now we don't have anything to offer that at the end of the day, the

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city will still have to check and review it to make sure it complies with our our

307
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comprehensive plan and our our local land development codes. Okay. Well, my perspective is

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to the board is I know we did a zoning in progress and stuff and that was more for like

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development to go after. But as far as like this process, I'd like to see like a workshop or

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two to get professionals that live and work in the community to provide their input. They do

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this every day. I don't do this every day. Jodi and her team does it every day. But just the

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feedback that I hear is it could be interpretation of land development code that might

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need clarified that we didn't go after. So that that's what I would like to see. First, I'm

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happy to support doing a workshop along those lines. Yeah, I am also just to make it

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clear and concise because like, yes, I'm in land development code a lot and I know, know

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your team is as well. And some things might need clarified or cleared up that that we didn't

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particularly look at. We were looking at more over development, anything to roll

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density back. But as far as definitions maybe or processes, I think some of it needs

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clarified and cleaned up. I think one of the things too, that prior to us or myself

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creating these applications, it was very hard for staff to determine where each part of

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that development was at. So now we have we can on a daily basis. We go in there every morning,

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look at our projects, see what's due. It comes automatically on our dashboard.

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it kind of gives you those little soft reminders and also everything that we do in that

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program, the whoever is on the application. And you can add people to the application. So

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even if you're just not the applicant and I want to have a, a surveyor from their part be

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on the application so he can he or she can see the comments immediately. They will be

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notified as well as a guest on the applicant. So everything that we add into the

328
00:44:23,223 --> 00:44:23,223
application or we update is live. So they see it immediately and so they can

329
00:44:28,262 --> 00:44:28,262
upload things in the middle of the night, as opposed to coming in with the nine sets of plans

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and the check and, you know, waiting for us to process it, which could take two weeks and

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just to process the information. So I do believe that now that we have this up and running,

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it's helped. I know it's helped my staff and helped me know where where we are in those

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development applications and what we are waiting for. And then it's very nice because the

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developer, the applicant can can email us back and forth in there as well. And that comes

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as a message to us as well. So, you know, if we're closed for today, instead of having to

336
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figure out what our email is, they can go into their portal and send us messages. And they

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have learned to do that very well. And it really helps out with us. As if they don't

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understand one of our comments, they we can get that clarified immediately. Instead of having

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to wait for them to resubmit, and then find out that they really didn't understand a comment. Makes sense. I know you guys have been cleaning up a lot. Yeah, yeah. Well, yeah,

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I think having the workshop would would help. And I've been speaking with the development

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director about it. There's a there's a distinction between getting a permit and getting a

342
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site plan approval. And sometimes when someone's doing what's essentially interpreted

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as a change of use and someone changing a, a retail store to a restaurant, they don't realize

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that our code requires us major or minor site plan approval surveys and other things, and

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having this system in place will help. But also when we come through with the workshop.

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jodi and I were talking about proposing to the commission to have a an exception form, or if

347
00:46:09,799 --> 00:46:09,799
something's below 2000ft■!s. Ani have an example right now, there's a house on denver

348
00:46:17,406 --> 00:46:17,406
street that was currently a residential use, but it's already zoned for retail or

349
00:46:22,509 --> 00:46:22,509
commercial, and there's a person that wanted to go into it and rent it and have it be a

350
00:46:28,248 --> 00:46:28,248
place that sells kind of stone and new age type stuff and do massages, I guess, or something

351
00:46:37,490 --> 00:46:37,490
to that effect. And it would require a change of use, but they could take up to 90 to 120

352
00:46:43,496 --> 00:46:43,496
days, and this person wasn't even going to change the color of the paint. Wow. And so that

353
00:46:49,469 --> 00:46:49,469
seems like a lot of overkill to review a building that's already in existence, that's

354
00:46:55,775 --> 00:46:55,775
sitting vacant. That's not that has the parking lot in place, has everything in place. So

355
00:47:00,580 --> 00:47:00,580
we're trying to formulate a method to allow that type of procedure to be expedited so it

356
00:47:04,617 --> 00:47:04,617
can go in, get an inspection from the building official, and if it meets the building code

357
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for whatever that new use is to be able to go straight through. But we'll bring that back with

358
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the workshop as well. Okay. So you will undertake to make that happen. Mr. That will be.

359
00:47:26,037 --> 00:47:26,037
absolutely. Yeah. Okay. I was thinking, I mean, I would likely do it as more of an

360
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agenda item, bring it back during the meeting and then depending on the direction of

361
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the board, because we're not going to change any land use or any zoning, it's literally just

362
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going to be the process or procedure of the review. The rules will all still stay in

363
00:47:45,457 --> 00:47:45,457
place and the densities will be the sameme. It would just be how are the timing and how the

364
00:47:51,263 --> 00:47:51,263
departments review it if we mike, if we do it like that though, are people going to be

365
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limited and it's going to be like podium? That's my concern because I, I, I don't really

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want to do it that way. If that's how it's going to be done. I mean, I'm happy to have

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it be a fairly select audience, probably. It's people who do it for a living, so we need to

368
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hear from them at length. I think I like sit down with them. Yeah. Do you want all five

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00:48:16,454 --> 00:48:16,454
commissioners to be present as a workshop, the commission, or do you want it to be a public

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00:48:21,894 --> 00:48:25,564
workshop where staff receives the information, in your opinion, which one, which one's more successful? I guess I should say different objectives. Well, a lot of times, a lot of

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times we'll do workshops and let the public bring in comments, and then we bring

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that information to the commission so we can do it. However, whatever is your whatever's your preference, if you guys want to hear the public comments then you

373
00:48:42,447 --> 00:48:42,447
probably want to be present for it. Yeah. Okay. So we can put that together. Any other

374
00:48:53,190 --> 00:48:53,190
questions for jody? Thank you jody. Thank you jody. Thank you. Okay. Before we get into

375
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commissioner comments, can I just say something? Okay I'd like to go first. I just wanted

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to ask the chief to assuming these are our four new firefighters. Alright. So this

377
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commission did something pretty unique recently. Almost all of us supported a millage and

378
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budget that lowered taxes, cut unnecessary spending, and prioritize public safety all in

379
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one. So I would love for you to come up and introduce these four new guys. If you wouldn't

380
00:49:34,132 --> 00:49:34,132
mind, I can introduce them as they're coming up. It's timothy lyons, thomas cox, let's go,

381
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brian pertusa and chadwick van dike. Yeah. Young. Speech. I'm glad you guys are on board.

382
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make us proud. Yes, sir. Thank you. Conclude your remarks. That was all. Okay. Thank you

383
00:50:14,271 --> 00:50:14,271
for indulging, commissioner reed. I'll see you back at your spot. Yeah. I actually enjoy

384
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this spot. Yeah, I promise you, october. Thank you. Yeah, I enjoy sitting down here. Yeah.

385
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so I know I asked for the agenda item number 12 to come back. I just I just ask for the

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public to be respectful. It's it's not anything towards mike or anything like that. That's

387
00:50:41,165 --> 00:50:41,165
all I ask for from the public tonight. Thanks. Okay. Thank you, commissioner job. I

388
00:50:47,305 --> 00:50:47,305
actually didn't have anything but recently came to my attention. The environmental

389
00:50:53,244 --> 00:50:53,244
attorney reports to the commissioners. We really need a way in place that each

390
00:51:00,650 --> 00:51:00,650
commissioner knows what the others at least thinking. So we need to have a process. And

391
00:51:06,357 --> 00:51:06,357
usually it takes place here on the dais since we can't talk to each other. But before

392
00:51:10,495 --> 00:51:14,465
commissioner approaches the environmental attorney with something, I'm not talking anything minor. I know I reached out to her regarding office furniture and things of

393
00:51:18,536 --> 00:51:18,536
that nature, but anything else I think really should go through all of us. We could

394
00:51:23,507 --> 00:51:23,507
discuss it, and then it either can be talked here or, you know, one commissioner or the mayor

395
00:51:28,544 --> 00:51:28,544
can speak to the attorney at the time after we've discussed it. But I think what's

396
00:51:33,551 --> 00:51:33,551
happening is, I don't know. I know the mayor recently approached the environmental

397
00:51:38,355 --> 00:51:38,355
attorney and I wasn't aware of it, and I thought it was kind of an important issue that

398
00:51:44,729 --> 00:51:44,729
maybe we should have all been aware of. And that issue was just out of curiosity. I'm

399
00:51:51,202 --> 00:51:51,202
curious now, okay, because I spoke with the environmental attorney. We had a good

400
00:51:57,174 --> 00:51:57,174
conversation, okay. But it was regarding. You really have no idea what she's talking about,

401
00:52:05,848 --> 00:52:09,553
right? Are you going to act like you have no idea what she's talking about? I speak to the environmental attorney and the city manager and the city attorney, I mean, because tom

402
00:52:15,526 --> 00:52:15,526
can. Penny knew what you were talking about. So we're talking about the biosolids issue.

403
00:52:21,698 --> 00:52:21,698
really? You have no idea what's going on right now. Oh, you mean the potential conflict of.

404
00:52:27,804 --> 00:52:27,804
yeah, that would be it. That would be it would I think that I am I have to know, after I

405
00:52:33,309 --> 00:52:33,309
read the news article, I did relay that information to her from tom that had been

406
00:52:39,384 --> 00:52:39,384
mentioned in the newsletter in the transit neighbors. Tom knew it before you did. Yeah.

407
00:52:44,253 --> 00:52:44,253
interesting. Yeah. And since mr. Penny does not sit on this commission, nor is he involved

408
00:52:49,559 --> 00:52:49,559
in the city in any way, I find it interesting that that is what your conversation with the

409
00:52:54,398 --> 00:52:54,398
attorney. And I would be curious where that came from, because I'm sure ruth didn't go

410
00:52:58,402 --> 00:52:58,402
to him with that information and trying to stir the pot. So that's curious. I, I just be

411
00:53:05,575 --> 00:53:05,575
very careful about I do think we need to be very careful accusations because because

412
00:53:10,680 --> 00:53:10,680
this commission worked hard to make her position and her being here a priority, and not all of

413
00:53:17,387 --> 00:53:17,387
us were on the same page. So what it feels like at this point is that there may be some

414
00:53:22,259 --> 00:53:22,259
of us, after the fact, trying to subvert her from doing her job. Wow. Yeah. Okay. That's

415
00:53:26,396 --> 00:53:26,396
you're incorrect. I would be completely incorrect. But going back to what I requested was

416
00:53:31,734 --> 00:53:31,734
the fact that that should not happen again. Even if it was not meant to happen. We should

417
00:53:36,573 --> 00:53:36,573
all at least discuss something prior to that. That kind of conversation coming up with

418
00:53:42,478 --> 00:53:42,478
attorney holmes, it was in the newsletter. If you look at the dates which I spoke to her, it

419
00:53:47,550 --> 00:53:47,550
was after the newsletter had been published. I didn't realize we were kind of running

420
00:53:52,388 --> 00:53:52,388
the city based on not so friendly neighbors newsletter, but that's a whole other story.

421
00:53:58,161 --> 00:53:58,161
okay. All I'm asking is that when any commissioner, not just you, any commissioner has

422
00:54:08,272 --> 00:54:08,272
something of of that level wants to speak to the environmental attorney, I think

423
00:54:12,376 --> 00:54:12,376
we should all at least know that's all. I mean, if I did this and you would not be kind

424
00:54:19,516 --> 00:54:19,516
of upset that I went and spoke to her, and you had no idea. Mike, did you go to tom about

425
00:54:25,655 --> 00:54:25,655
it? No. So something's going on. Something smells funny. This is good. I was I actually didn't

426
00:54:33,395 --> 00:54:33,395
read the whole story. I didn't even read the article. So who doesn't even know about the

427
00:54:38,468 --> 00:54:38,468
article? What? Everybody reads it. Wow. You need to be very careful about these accusations.

428
00:54:44,276 --> 00:54:44,276
you need to be very careful. Obviously, you read it, mayor. Read. No, I do read the

429
00:54:48,644 --> 00:54:48,644
newsletter. I also read the stuart news. Oh, yeah? Well, that. Okay. Hey, hey, hey.

430
00:54:54,383 --> 00:54:54,383
excuse me. All I'm asking for is in the future. I think that when it's something of of that

431
00:55:01,891 --> 00:55:01,891
importance, that certainly should at least have had this conversation so that every

432
00:55:06,161 --> 00:55:06,161
commissioner knows. Not that I have to read it in the not so friendly newsletter. Okay, fine.

433
00:55:14,636 --> 00:55:14,636
thank you. Yes, this is open government. Somebody's lying. Unbelievable. Commissioner

434
00:55:22,444 --> 00:55:22,444
clark, does that conclude your remarks, commissioner? Yes it does. Okay. I was just going to

435
00:55:27,616 --> 00:55:27,616
follow up with with commissioner job. Is it the communication with the.

436
00:55:36,090 --> 00:55:36,090
environmental attorney? I know that I have a weekly meeting with the city manager. I speak

437
00:55:41,331 --> 00:55:41,331
to mr. Baggett as needed, and I speak to miss holmes as needed. But I did promise, miss holmes

438
00:55:47,669 --> 00:55:47,669
that I was going to include her in my weekly time. When I speak to the city manager, I just do

439
00:55:54,409 --> 00:55:54,409
the next hour or half an hour for her. But is that what you're saying? Or are you

440
00:56:00,214 --> 00:56:00,214
saying that we should gauge what level if somebody is bringing up something that they

441
00:56:05,487 --> 00:56:05,487
need to bring it up to the to the entire body? But I you know, I think that I mean, I speak to

442
00:56:12,193 --> 00:56:12,193
them all the time, but I don't know if every time I speak to them, I don't think I need to

443
00:56:18,232 --> 00:56:21,670
something of this level where you're saying this was, you know, conflict of interest. Yeah. Wouldn't you like to have known that before the. Yeah, I, I, I didn't yes or no. Yes. You

444
00:56:27,441 --> 00:56:27,441
find out about it. Yeah. No. You'd like to know ahead of time. Yeah. And if we had this

445
00:56:32,413 --> 00:56:32,413
kind of discussion, we'd know that he was going to say or or he would say it here saying.

446
00:56:37,352 --> 00:56:37,352
and I'm not singling you out, ma'am. Any of us saying, well, this is something that, you

447
00:56:42,057 --> 00:56:42,057
know, we should all discuss. And it it does involve the, the attorney holmes, that the

448
00:56:47,161 --> 00:56:47,161
reason is it's a little different because she doesn't report to the city manager. She

449
00:56:51,432 --> 00:56:51,432
reports to us. Correct. And for that to happen, we need to be like cohesive. We need to know

450
00:56:57,505 --> 00:56:57,505
whether it's for or against something. We all need to know it before the conversation goes

451
00:57:01,609 --> 00:57:01,609
to the attorney or to tom camp. Penny, I would just tom penny, whichever goes first. Mr. Camp,

452
00:57:07,615 --> 00:57:11,418
penny is just a news source. He's no different than mr. Burbank. He's not a new source. I beg to differ. I'm going to argue on that. He is an opinion person. It's his opinion. It's

453
00:57:16,557 --> 00:57:16,557
not a news source. Yeah. You will have your opportunity. You have to subscribe to read his

454
00:57:22,329 --> 00:57:22,329
stuff or oh, he sends it to me freely. I don't always read it because it is his opinion. But

455
00:57:27,368 --> 00:57:27,368
you all know I don't think much of his opinion, but he's not a news source to that point.

456
00:57:32,506 --> 00:57:32,506
there is a difference between trying to talk to and again, to reiterate, you know, ruth, mike

457
00:57:37,411 --> 00:57:37,411
lee, these are three chartered positions that work for us directly. There is a difference

458
00:57:41,515 --> 00:57:41,515
between going to them to try to wrestle with and clarify a matter, and then it somehow

459
00:57:47,187 --> 00:57:47,187
ending up before it ever even hits the dais out to to tcpalm or to tom camp. Well, I don't

460
00:57:55,463 --> 00:57:55,463
know, you know. So if it's in good faith and that really is the, the goal, this, this kind

461
00:58:00,701 --> 00:58:00,701
of a thing I hope will not happen in the future when it's these three people that work

462
00:58:05,940 --> 00:58:05,940
for us directly and that we are. This may sound a little patriarchal, but we these are

463
00:58:12,311 --> 00:58:12,311
people that work for us directly, that we are responsible for, that we should

464
00:58:18,352 --> 00:58:18,352
protect and have working and doing their job and having them be a political football, I

465
00:58:25,293 --> 00:58:25,293
think, is wildly inappropriate. And, you know, I know ruth wants nothing more than to just

466
00:58:32,098 --> 00:58:32,098
be able to do her job. This is something she's really dedicated to. And so I don't

467
00:58:36,537 --> 00:58:36,537
want her to be even mildly deflated about this kind of political nonsense by, you know,

468
00:58:41,474 --> 00:58:41,474
coming from people who may not have thought that, you know, this job should exist from the

469
00:58:47,313 --> 00:58:47,313
beginning. So I hope that kind of thing will end going forward. Whoever's responsible, whoever

470
00:58:52,686 --> 00:58:52,686
the rat might be. And I'll end my comments with that. The not so friendly neighbors. I don't

471
00:58:59,825 --> 00:58:59,825
understand the term rat. This was made of. He has, miss rudge. Is it? There's 33,000 people

472
00:59:09,101 --> 00:59:09,101
receive his email communication. Oh, when I read it, you're right. I went to to miss holmes.

473
00:59:16,509 --> 00:59:16,509
I was not aware she had that position. And I was made a mayor and said that there was a

474
00:59:22,815 --> 00:59:22,815
potential conflict of interest. I do not see that as subverting her at all. So tom can. Penny

475
00:59:27,320 --> 00:59:27,320
was the only source of a potential conflict of interest that you know of the. I'll

476
00:59:33,227 --> 00:59:33,227
litigate with you right here. What do you mean? Source? Was that the only person that

477
00:59:37,564 --> 00:59:37,564
you've talked to that raised the possibility of a potential? I was not aware answer the

478
00:59:43,035 --> 00:59:43,035
question, was that the only person not aware of her position on the palmer board

479
00:59:48,441 --> 00:59:48,441
until it tom put it in his newsletter, and that's the only person that has raised a

480
00:59:53,647 --> 00:59:53,647
potential conflict of interest that I know of that that you have talked to at this point. I

481
00:59:59,284 --> 00:59:59,284
also talked to, okay, I talked to someone at the county after after our joint meeting and

482
01:00:06,926 --> 01:00:06,926
asked her because her who? John. Male. So he talked to john male. Anybody else? No. No attorneys.

483
01:00:16,202 --> 01:00:16,202
I talked to some attorney friends. Oh, okay. After the newsletter transparency. Don't

484
01:00:21,675 --> 01:00:21,675
you think we should be aware of whether the conflict exists or not? I think we should be. We

485
01:00:27,413 --> 01:00:27,413
should be is absolutely correct. Not tom campaigning. Right. Not tom campaigning. And

486
01:00:31,483 --> 01:00:31,483
considering you're not sure that all of us read the not so friendly neighbor, we should

487
01:00:36,356 --> 01:00:36,356
have all known before you took it upon yourself to approach what? To communicate that. To

488
01:00:41,260 --> 01:00:41,260
communicate that you think it's a conflict of interest? I didn't say I. I said it said it

489
01:00:47,166 --> 01:00:47,166
was potentially a conflict of interest. I don't know if it's a conflict. I think you should

490
01:00:52,504 --> 01:00:52,504
get some advice from the city attorney as to whether or not there's a sunshine violation

491
01:00:57,176 --> 01:00:57,176
and what was being communicated. We should probably not have this conversation on the dais,

492
01:01:01,447 --> 01:01:01,447
because I would just like somebody was communicating. We all know if somebody was

493
01:01:05,484 --> 01:01:05,484
communicating what another commissioner said to another commissioner, we could be

494
01:01:10,122 --> 01:01:10,122
implementing ourselves to a crime. And I think it would probably be better that we hold

495
01:01:15,127 --> 01:01:15,127
off on that. Commissioners, I know I don't talk to the mayor, I don't talk. I think we made

496
01:01:19,498 --> 01:01:19,498
ourselves clear. Yes. Just going forward, I'd like to have a process in place where we,

497
01:01:24,102 --> 01:01:24,102
the rest of the commissioners, all know what's going on before it's brought to the attention

498
01:01:28,273 --> 01:01:28,273
of. That's fair. Yes it is. It's fair to say on any issue with any with any of our three

499
01:01:35,814 --> 01:01:35,814
direct, with any of our three direct employees. Is that what you're saying? Because they all

500
01:01:40,486 --> 01:01:40,486
have to be treated equally. I missed the first part. Sorry, ma'am. So on any issue with any

501
01:01:46,659 --> 01:01:46,659
of our three direct employees before we go to that employee, be it mr. Mortel, mr. Or miss

502
01:01:53,765 --> 01:01:53,765
holmes, you have to bring it up on the dais. Is that what you're asking? Really? I mean,

503
01:01:58,469 --> 01:01:58,469
we're talking about what is the where is what is the minor things do not need to be. I

504
01:02:04,442 --> 01:02:04,442
mean, that's before it goes to tom camp or goes to tom camp. You're saying I, I'm not saying

505
01:02:12,584 --> 01:02:12,584
anything. I think that we should follow the mayor. The city manager? Yes, and move on.

506
01:02:18,189 --> 01:02:18,189
I'm not going to just. Let's keep in mind that we on major things. We should all be aware.

507
01:02:23,695 --> 01:02:23,695
that's all. Somebody somebody read. Okay, that's all I have to say. Just enough. I think

508
01:02:31,937 --> 01:02:31,937
that's an inappropriate characterization, mr. Vice mayor. Okay, just I don't you.

509
01:02:37,342 --> 01:02:37,342
does that conclude your remarks, commissioner clark? You were you were you were speaking. Oh,

510
01:02:42,314 --> 01:02:42,314
no, you were speaking. No, no, no, you would respond. All right. Oh, I just responded to

511
01:02:48,719 --> 01:02:48,719
you. Okay. So comments for today, the 13th of october. I just wanted to commend I don't

512
01:02:56,293 --> 01:02:56,293
know if he's here today. I don't see him. Mr. Oh yeah. Pete. Yeah. He's here. Our

513
01:03:03,835 --> 01:03:03,835
utilities director. We had a great ceremony to dedicate our utility building right behind

514
01:03:11,776 --> 01:03:11,776
the courthouse there, the reclamation facility in the name of michael anthony

515
01:03:17,348 --> 01:03:17,348
goldberg. And that facility has gone from being something that everybody knew about because it

516
01:03:24,456 --> 01:03:24,456
was a smelly place. But there's been so much changes and so much innovative work done in

517
01:03:32,297 --> 01:03:32,297
the utilities department and the reclamation department, and just seeing the family and

518
01:03:39,437 --> 01:03:39,437
knowing that this gentleman was recognized. I know it's hard to make these decisions, but I

519
01:03:46,277 --> 01:03:46,277
think it was very worthy. And I just want to commend mr. Eugene and his staff and all of us.

520
01:03:56,520 --> 01:03:56,520
thank you, thank you, thank you. Shannon. I keep mixing up your use and ease and I put to you

521
01:04:05,630 --> 01:04:05,630
before your. Okay okay. So. I've had a complaint or report about a right of way issue. And

522
01:04:16,341 --> 01:04:16,341
I know that we've gone over this before because I even had issues about the right of way

523
01:04:22,380 --> 01:04:22,380
behind my home. That was many years ago. But I know that I think since the mid 2000,

524
01:04:29,353 --> 01:04:29,353
probably even before I was on the commission. And then again, it was reiterated sometime

525
01:04:35,459 --> 01:04:35,459
afterwards regarding how right of ways are cleaned up and what happens when and what the staff

526
01:04:41,999 --> 01:04:41,999
burden is and what the burden of the homeowner is, and what happens when you have a right

527
01:04:49,472 --> 01:04:49,472
of way that could be a revocable use of that right of way by the resident, but not

528
01:04:55,479 --> 01:04:55,479
necessarily added to their title for the ownership of the land. But they could have

529
01:05:00,451 --> 01:05:00,451
revocable use of the right of way and do certain things in the right of way. And however,

530
01:05:05,857 --> 01:05:05,857
we do have on the general scope for the environment, having right of ways that are filled

531
01:05:13,831 --> 01:05:13,831
with mature trees, and they serve a purpose for the environment. They also clean

532
01:05:18,435 --> 01:05:18,435
some of the the water before it goes into some of the culverts, because it stops certain things.

533
01:05:24,475 --> 01:05:24,475
it also stops a lot of debris. So you'll find debris in those areas. But that has come up to

534
01:05:30,380 --> 01:05:30,380
me from a resident, and I know that mr. Martel did an excellent job responding back

535
01:05:36,219 --> 01:05:36,219
to that. Comment. And if we ever need to have anything, maybe jody in her department or

536
01:05:46,229 --> 01:05:46,229
somebody else once in a while, if we need to do a or even in the newspaper or the stuart

537
01:05:53,470 --> 01:05:53,470
publication, put out some notices or information to the public so that they know some

538
01:05:59,308 --> 01:05:59,308
of these things, what happens to the right of way behind my house? Or what can I do? Or

539
01:06:05,282 --> 01:06:05,282
what are the frequently asked questions that might help the public somewhat, but I do

540
01:06:11,121 --> 01:06:11,121
applaud mr. Martel for his response. And like I said, if the departments want to do

541
01:06:17,762 --> 01:06:17,762
something, a little small white paper and publish it every so often, or put it on the website

542
01:06:25,034 --> 01:06:25,034
as a frequently asked questions, they can do that. The other thing is this is a 100 year of

543
01:06:32,976 --> 01:06:32,976
martin county, and tomorrow night at the flagler center, there will be a presentation

544
01:06:39,816 --> 01:06:39,816
for stuart heritage about african american history in hobe sound, florida. And that

545
01:06:48,258 --> 01:06:48,258
whole area used to be all owned by african americans, with fruit farms and vegetable farms

546
01:06:55,898 --> 01:06:55,898
in that area. And so they have a very good grasp of the history. And they'll be talking

547
01:07:02,204 --> 01:07:02,204
about that tomorrow night next door at the flagler center, 7 p.m. 7 p.m. That's it. I have

548
01:07:15,285 --> 01:07:15,285
no no other mayor rich, I had a question for commissioner clark. Okay, so for clarification

549
01:07:22,392 --> 01:07:22,392
purposes, you want the development department to send out how how the city maintains

550
01:07:26,630 --> 01:07:26,630
right of way? No, that was just a suggestion of a frequently asked question. If if people

551
01:07:32,167 --> 01:07:32,167
wanted to do that, the email that came in. Right. Yeah. Yeah, yeah. If if jody and them

552
01:07:37,607 --> 01:07:40,210
wanted to come up with frequently asked questions about different things at the city, what happens with the right of way or something that could be so they could develop

553
01:07:45,147 --> 01:07:45,147
a white paper on that with just a few bullet points? Yeah, I remember seeing that email as

554
01:07:50,218 --> 01:07:50,218
well. And that was from mr. Just for the record, this particular one was from faye

555
01:07:55,625 --> 01:07:55,625
james, which who lives right next door to the community garden, which we dedicated to

556
01:08:03,766 --> 01:08:03,766
the house of hope. And then there's a property that goes back to the railroad track and

557
01:08:08,303 --> 01:08:08,303
then to the taylor property. Yeah, I, I got that email also the, the taylor property has

558
01:08:16,779 --> 01:08:16,779
some of it. And then the other piece that goes to the railroad track, who, who owns that? Mike

559
01:08:24,120 --> 01:08:24,120
I forgot and there were private people want homes back there. This is the issue. That was the

560
01:08:30,124 --> 01:08:30,124
question was the right of way that was owned by the city that ran directly behind her

561
01:08:35,598 --> 01:08:35,598
property, outside of her fence. That has not been maintained. Yeah. As grass since 2008. Yeah.

562
01:08:43,472 --> 01:08:43,472
and so it was a policy that was adopted in 2008 to leave a lot of the right of ways in their

563
01:08:50,279 --> 01:08:50,279
natural habitat. And I don't know if you guys remember, but last fall, in september or

564
01:08:55,050 --> 01:08:55,050
october, someone took a closer look at the east. Stuart overlay zone. And one of the

565
01:09:03,324 --> 01:09:03,324
proposals that came out of one of the workshops was to build a pedestrian bridge over the

566
01:09:09,098 --> 01:09:09,098
smith turner lake toward high school avenue, where stuart middle is, and then the very

567
01:09:14,502 --> 01:09:14,502
first street on the other side of the bridge. There's a right of way that went between homes

568
01:09:19,574 --> 01:09:19,574
for about four blocks. And in it it said, someday, in the future, this could be a bike

569
01:09:25,213 --> 01:09:25,213
path or pedestrian path, and it never went anywhere. Nobody did anything with it. But within a

570
01:09:31,520 --> 01:09:31,520
month or so we had about 20 phone calls, and all these neighbors were very upset that

571
01:09:37,524 --> 01:09:37,524
we were going to be cutting down the right of way and clearing it, because they did

572
01:09:42,697 --> 01:09:42,697
not want people in between their homes in this public right of way area. So it's a

573
01:09:48,469 --> 01:09:48,469
it's there's a balance there. Some people want the right of ways to be used as alleys. And

574
01:09:53,241 --> 01:09:53,241
they have over here like on camden and things like that. Others want trees and natural

575
01:09:57,611 --> 01:09:57,611
growth in the right of ways. But when there's power lines and or utilities, a lot of

576
01:10:03,418 --> 01:10:03,418
times we need to maintain it as a public property for the purposes of serving the

577
01:10:08,256 --> 01:10:08,256
utilities. And as a result, back in 2008, the the city adopted the policy to leave

578
01:10:14,762 --> 01:10:14,762
them in a natural state so that they would provide tree and shade and and then owners of

579
01:10:21,169 --> 01:10:21,169
property. If the if the trees or bushes cross your property line, you're free to cut it off

580
01:10:27,509 --> 01:10:27,509
on your property and clear it. And miss james case, she wanted us to clear the right of way.

581
01:10:33,247 --> 01:10:33,247
not there was no portion of it touching her property, and we were trying to explain that we

582
01:10:39,188 --> 01:10:39,188
can't maintain it one way for one person and then another way for another. It's a very

583
01:10:44,358 --> 01:10:44,358
complicated situation that would require new policies and budgeting because, you know, if

584
01:10:51,098 --> 01:10:51,098
one person wants it, mona's grass, and then somebody else says, well, I'd like it to be

585
01:10:55,603 --> 01:10:55,603
ornamental trees, or I'd like it to be, you know, whatever it is, we go down that slippery

586
01:11:00,274 --> 01:11:00,274
slope because the power company, are they responsible? Not at all, not at all. They'll trim

587
01:11:04,612 --> 01:11:04,612
it if you call them. If you if it gets into the power lines and they do what they call hat

588
01:11:10,317 --> 01:11:10,317
racking, they just come and cut the trees right off as like a square. And a lot of times

589
01:11:16,390 --> 01:11:16,390
it'll kill the trees. So we try to avoid trees that that get that tall and that big. But

590
01:11:21,596 --> 01:11:21,596
again that happens because they spread just in wild in florida. So they start growing up. But

591
01:11:28,235 --> 01:11:28,235
we have a lot of right of ways. And in fact, I can bring back some lists at a meeting for you.

592
01:11:35,542 --> 01:11:35,542
yeah, I printed that off because I haven't seen your response to her. So I don't

593
01:11:39,546 --> 01:11:39,546
know if you've done one yet. Did she did james and I've actually been going back and

594
01:11:44,718 --> 01:11:47,689
forth a lot. We're trying I mean, everything's great. And and milton actually over the years has been pretty good about like, maintaining like a three foot path on the outside

595
01:11:52,493 --> 01:11:52,493
of her fence. But it becomes very burdensome on the staff. And again, it's ignoring a

596
01:11:59,533 --> 01:11:59,533
special benefit to one person when you're not doing it for everybody. So it's an imbalance

597
01:12:03,737 --> 01:12:03,737
that can be difficult. Thank you. Well, I was going to say it's it's halloween. I didn't

598
01:12:10,277 --> 01:12:10,277
see any notice about the hobgoblin or anything, but maybe I'm out of the notice

599
01:12:16,183 --> 01:12:16,183
loop. The community center. Do you know anything? Jessica? It's on the board. It's on the

600
01:12:25,492 --> 01:12:25,492
going forward. Okay. Thanks. Okay. Vice mayor will be there. The vice mayor normally.

601
01:12:37,636 --> 01:12:37,636
normally. You're speaking. Yeah, she's signing me up. Mr. Martel, do you have any comments this

602
01:12:43,343 --> 01:12:43,343
evening? I do first. Last week there was an entity. I don't have its formal name, but I

603
01:12:50,249 --> 01:12:50,249
think it's referred to as tea and spice. That was heard before the crb. That's on your

604
01:12:55,189 --> 01:12:55,189
agenda for tonight. They have requested that they be continued to a date certain in

605
01:13:01,428 --> 01:13:01,428
november. I don't have the date, but I think jody will when the agenda comes up. I'll just I'm

606
01:13:06,199 --> 01:13:06,199
just bringing it up for your attention now. Over the weekend, we received an email regarding

607
01:13:12,408 --> 01:13:12,408
the condition of the crosswalks in downtown stuart, and I'd gotten some other feedback from

608
01:13:18,644 --> 01:13:18,644
some other people, and I mentioned this in the last or first meeting in september, I

609
01:13:25,718 --> 01:13:25,718
think. But the state of florida, using senate bill 1662 and fdot. Required that all cities and

610
01:13:39,266 --> 01:13:39,266
counties in the state of florida remove any street art or any other painting of

611
01:13:46,039 --> 01:13:46,039
crosswalks, and fdot funds would be withheld from the local jurisdictions if they

612
01:13:52,144 --> 01:13:52,144
didn't remove that. We had some crosswalks in downtown and in the middle of downtown that

613
01:13:58,550 --> 01:13:58,550
were blue and had some other stuff, and although I don't think that was what they were

614
01:14:04,657 --> 01:14:04,657
specifically referring to, we did receive a direct notice from fdot to remove those, and

615
01:14:10,229 --> 01:14:10,229
milton did so at the same time. We're also undergrounding the power in on flagler and on

616
01:14:18,404 --> 01:14:18,404
seminole. So they were putting some conduit in that center median. So we didn't replant it

617
01:14:25,277 --> 01:14:25,277
and re mulch it because we knew it would get torn back up as we did the landscaping thing. I

618
01:14:32,083 --> 01:14:32,083
mentioning it just because if people ask you about it, it's not that we're maintaining it

619
01:14:37,589 --> 01:14:37,589
in a poor condition. We just don't want to duplicate the service and spend the money to

620
01:14:42,461 --> 01:14:42,461
put that stuff right back in, to tear it right back out. Also, the. Project lift has begun

621
01:14:53,373 --> 01:14:53,373
construction and has raised the car wash and strip plaza on the corner of tarpon and mlk

622
01:14:58,310 --> 01:14:58,310
boulevard. So you'll probably notice a construction fence around that, but that is going

623
01:15:03,849 --> 01:15:03,849
smoothly. City attorney and I met with the project foreman briefly last week, and it seems

624
01:15:08,720 --> 01:15:08,720
that there were no problems at all. There was a hidden septic tank they weren't aware of, but

625
01:15:15,461 --> 01:15:15,461
it was able to be removed without incident. On a on a higher profile matter. On

626
01:15:23,535 --> 01:15:23,535
october 6th, officer jacobson of the stuart police department got a little national fame when

627
01:15:31,576 --> 01:15:31,576
he captured an alligator down by hudson's at the end of flagler park. Either he was a

628
01:15:39,451 --> 01:15:39,451
an internet sensation and as well as some national stories. So be sure and congratulate him

629
01:15:46,291 --> 01:15:46,291
on saving us all from the alligator. And the alligator was not harmed and was

630
01:15:51,963 --> 01:15:51,963
relocated to haynie creek, where it's living happily ever after. A huge, huge piece of

631
01:16:02,406 --> 01:16:02,406
news came to the city at the end of last week, and michael kennedy is to be congratulated

632
01:16:10,915 --> 01:16:10,915
if you see him. He is our florida inland navigation district representative, and I

633
01:16:16,153 --> 01:16:16,153
don't know how he managed to do it, but in speaking with the engineering department and I

634
01:16:22,261 --> 01:16:22,261
haven't even received the letter yet, but it looks like that our entire replacement of

635
01:16:27,698 --> 01:16:27,698
our courtesy dock was funded by the florida inland navigation grant, without interfering with

636
01:16:33,705 --> 01:16:33,705
any of the county's funds or programing, and that will be in excess of $1 million. So it's

637
01:16:40,478 --> 01:16:40,478
real money, which is really great news, because every time we get a storm, those floating

638
01:16:46,616 --> 01:16:46,616
docks bend and they're a lot of expense to maintain. So this new dock will be great for us

639
01:16:51,490 --> 01:16:51,490
all. And then lastly, I was going to introduce you to the new firefighters. But they've

640
01:16:55,593 --> 01:16:55,593
left already and that already took place. So I have nothing else I have to get back on. Did

641
01:17:01,202 --> 01:17:01,202
you did you want to talk about the agenda item date? Certain? Well, I did mention tea and

642
01:17:07,471 --> 01:17:07,471
spice is going to do it when we get. When you guys adopt the agenda, you can either approve

643
01:17:13,678 --> 01:17:13,678
it to a date certain then, or you can continue it when you get to the agenda item,

644
01:17:18,315 --> 01:17:18,315
whatever the preference of the board is. Jody, is she here? Do they have a preference? When is

645
01:17:23,187 --> 01:17:23,187
the date that they wanted that move to? Do you know november 10th? Yeah. So the november

646
01:17:27,791 --> 01:17:27,791
10th meeting is when they from now. Yeah. Okay. Mr. Mayor, can I ask mr. Morton a question? So

647
01:17:34,230 --> 01:17:34,230
is that all high visibility sidewalks, including the ones. Okay. All right. Okay. All

648
01:17:41,806 --> 01:17:41,806
right. Thank you. To answer your question, the downtown ones. Okay. All right. Thanks.

649
01:17:47,345 --> 01:17:47,345
okay. Can I get a motion for the approval of the agenda, please? As published move that

650
01:17:54,350 --> 01:17:54,350
we approve the agenda as published. I'll second, we have a motion by commissioner clark

651
01:18:00,224 --> 01:18:00,224
and a second by commissioner job. Do we have any public comment on this item? Seeing

652
01:18:07,197 --> 01:18:07,197
none. All in favor? Aye. Opposed. Motion passes. Comments from the public on

653
01:18:14,238 --> 01:18:14,238
non-agenda related items. Madam clerk, do we have any slips? I do, william rudge. Good evening.

654
01:18:28,318 --> 01:18:28,318
I have two things to address tonight. The first thing is to thank mr. Rudge. Could you just

655
01:18:33,623 --> 01:18:33,623
push that closer to you? Is that better? Okay. I have two things to address tonight. The

656
01:18:38,429 --> 01:18:38,429
first thing is to thank god for the peace in gaza and the return of the hostages. The

657
01:18:43,467 --> 01:18:43,467
second thing is, I don't really approve of rehiring of the current city manager. I know

658
01:18:49,205 --> 01:18:49,205
him to be a fraud who has misled and lied to this very commission on multiple

659
01:18:55,479 --> 01:18:55,479
occasions, and I have documentation that can back that up. I don't think he's

660
01:19:02,252 --> 01:19:02,252
suitable or fit for the position and is way overpaid and way. Mistrust a lot of it.

661
01:19:12,496 --> 01:19:12,496
he's betrayed the trust that people have placed in him as a public official, and I don't

662
01:19:17,568 --> 01:19:17,568
think he should be rehired. Thank you. That's it. Next, I have karen hall. Yost. Rudge.

663
01:19:29,011 --> 01:19:29,011
good evening, karen hall. Yost rudge, 1701 southwest palm city road. And mayor. You can call

664
01:19:35,484 --> 01:19:35,484
me miss hall. Oh. I'm sorry. Yeah, I don't go by rudge. Okay. But anyway, thank you. All

665
01:19:40,358 --> 01:19:40,358
right. I just want to also say that I'm so grateful the hostages are home, and it's a

666
01:19:47,296 --> 01:19:47,296
very sad state of affairs. What mr. Martel has done to so many different people. And I know

667
01:19:56,573 --> 01:19:56,573
he's harmed my family and and put us through the fire. But my children don't even smell like

668
01:20:02,744 --> 01:20:02,744
smoke. All right. But we cannot, you know, we can't expect to do well if we have a couple bad

669
01:20:11,521 --> 01:20:11,521
players on the field. Okay. I forgive you, mike. I pray for your soul so much. I've loved

670
01:20:17,626 --> 01:20:17,626
you for. I'm sorry you cannot address the city manager directly. You may direct your

671
01:20:22,597 --> 01:20:22,597
comments to me. I've loved you for a little less years than him because he's been here

672
01:20:28,170 --> 01:20:28,170
longer goofing it off. But now you're here goofing it up. You can't single out anybody up

673
01:20:33,545 --> 01:20:33,545
here. I love you, mayor. Okay? I love. Please continue. Well, thanks. I hope I get my time

674
01:20:42,251 --> 01:20:42,251
back. You will? Anyway, I just want to say I love you, mike. I'm so sorry. You didn't have

675
01:20:49,058 --> 01:20:49,058
to be so bad. You could have said you could be honest any time. But you won't. And it

676
01:20:54,596 --> 01:20:54,596
breaks my heart. What you've done to yourself and to your family. I can't even stand to

677
01:21:00,437 --> 01:21:00,437
be here and listen to other what you've done to other people. Walter lloyd. Evening

678
01:21:14,750 --> 01:21:14,750
commissioners walter lloyd 150 cabana point circle I'd like to start by giving my perspective

679
01:21:21,357 --> 01:21:21,357
of why many of us in the public come to these meetings and stand at the podium to address

680
01:21:26,261 --> 01:21:26,261
you, who are our elected representatives? We come from different backgrounds and

681
01:21:30,700 --> 01:21:30,700
belief systems which shape our understanding of what is good, bad, right and wrong. It is for

682
01:21:38,306 --> 01:21:38,306
many of us a desire to make a positive difference in this world we live in. Studies show

683
01:21:43,679 --> 01:21:43,679
most of us believe there is a higher power than the powers found in our earthly realm, one

684
01:21:48,184 --> 01:21:48,184
of the most powerful attributes given to us while we are on this earth is the power of

685
01:21:54,022 --> 01:21:54,022
choice. Choice is how you are elected to represent us based on our understanding of your

686
01:21:59,128 --> 01:21:59,128
character and abilities. You're chosen to lead our community with integrity, good character,

687
01:22:04,333 --> 01:22:04,333
and in good faith to execute the commitments and oaths you took to enter the office. This

688
01:22:10,506 --> 01:22:10,506
leads me to the subject of the agenda item before you, item number 12, for your

689
01:22:16,210 --> 01:22:16,210
consideration of the current city manager considering his past choices, hearers can judge

690
01:22:21,282 --> 01:22:21,282
for themselves while noting that all the meetings are on record in public video archives.

691
01:22:27,288 --> 01:22:27,288
the following comments are based on my personal observations and experiences of

692
01:22:32,694 --> 01:22:32,694
his choices and actions, and they are intended with respect and constructive intention. It

693
01:22:39,234 --> 01:22:39,234
has been my experience over the past years that mr. Mortel and his role as city attorney and

694
01:22:44,673 --> 01:22:44,673
city manager operates from a position of personal personal agenda more than representation

695
01:22:51,713 --> 01:22:51,713
of the public at large. And I've told him as much in the past. Correspondences. Some

696
01:22:58,320 --> 01:22:58,320
examples can or could, where he appeared to be the developer's attorney, representing special

697
01:23:04,024 --> 01:23:04,024
interests over community. Even when the alj had judged the city's actions as inappropriate,

698
01:23:11,232 --> 01:23:11,232
his questionable alliance and information feed for local propaganda media such as

699
01:23:16,237 --> 01:23:16,237
friends and something questionable, negotiations regarding a brightline station,

700
01:23:21,376 --> 01:23:21,376
questionable election signage, removal policies that appear to favor the incumbents over the

701
01:23:27,748 --> 01:23:31,585
challengers, questionable judgment in dealing with members of the community. I've left the names incomplete to protect them, but some examples are miss linda, miss robin,

702
01:23:37,090 --> 01:23:37,090
miss sarah, the hamiltons and extended families. Of all those folks. You can contact me if

703
01:23:43,531 --> 01:23:43,531
you need further elaboration. So my prayer is that you all be filled with the knowledge of

704
01:23:49,637 --> 01:23:49,637
the lord's will and all wisdom and spiritual understanding to make the right choices for the

705
01:23:54,675 --> 01:23:54,675
well-being of the communities you serve. I believe it is time for a change in fresh

706
01:24:00,214 --> 01:24:00,214
perspective, which more closely reflects the will of the people who elected you, whether it be

707
01:24:05,919 --> 01:24:05,919
in policy or personnel. Thank you. I will. Laughlin. Good evening. I have the privilege

708
01:24:20,468 --> 01:24:20,468
to serve on the crb and while at that meeting we had this past tuesday, I heard a couple

709
01:24:26,073 --> 01:24:26,073
of small business owners discuss some very well interesting things. One of the

710
01:24:31,078 --> 01:24:31,078
things they brought up was the 10% year over year property taxes. That was one concern of

711
01:24:35,449 --> 01:24:35,449
one individual and the other mentioned. Another small business owner identified that

712
01:24:41,321 --> 01:24:41,321
they had a little complaint about capitalism. Well, we don't really have true

713
01:24:46,193 --> 01:24:46,193
capitalism here in america anymore. Now, the most dangerous words that you're

714
01:24:51,467 --> 01:24:51,467
going to hear are, I'm from the government and I'm here to help, right. And I know the one

715
01:24:57,170 --> 01:24:57,170
person complaining about the 10% year over year tax rates is accurate, because when I had a

716
01:25:02,242 --> 01:25:02,242
small business, I had a 12%, followed by a 17%, followed by a 13%. I was basically a small

717
01:25:08,315 --> 01:25:08,315
landlord, a mom and pop operation. I recognized that the trajectory said that, you

718
01:25:13,287 --> 01:25:13,287
know, initially I could eat those costs, but I was not able to pass that cost on to the

719
01:25:18,825 --> 01:25:18,825
potential tenants that I had in my particular unit. So I chose to sell when I could, not when

720
01:25:26,333 --> 01:25:26,333
I had to. Now I can and actually, again commend you all for that tax cut that you had.

721
01:25:34,507 --> 01:25:34,507
I'm hoping there's at least a limit there. I was talking to another small business owner

722
01:25:39,545 --> 01:25:39,545
who's been here for 22 years, lives in stuart, pays taxes. He lost out on a contract to an

723
01:25:45,719 --> 01:25:45,719
out of county contractor. It was in the contract was in excess of 10,000. So it had to

724
01:25:51,091 --> 01:25:51,091
go out to bid. He lost out by $500. Their bid was $500 cheaper. I'm hoping that the

725
01:25:57,630 --> 01:25:57,630
board or the committee here can come up with a plan to maybe have whoever reviews these

726
01:26:04,737 --> 01:26:04,737
contracts consider, hey, this is close. This guy's paying over 5000 a year in property

727
01:26:11,010 --> 01:26:11,010
taxes. I don't know exactly his number. I'm guessing it's over 5000. Okay, maybe we can cut

728
01:26:15,381 --> 01:26:15,381
him a little slack on that $500. Then it goes to the question. Well, what is all the money

729
01:26:21,654 --> 01:26:21,654
going spent to or where's all these property taxes going? Well, we have a grant that well,

730
01:26:28,161 --> 01:26:28,161
it goes to cover the streets and things. We're talking about the streets and that three

731
01:26:33,366 --> 01:26:33,366
years ago this commission voted to give away parking spaces to fpl so they can have a charging

732
01:26:41,407 --> 01:26:41,407
station. So a potential small business owner who wanted to develop their own charging

733
01:26:45,712 --> 01:26:49,549
station, well, they can't they have to compete with this multibillion dollar corporation, fpl, who is owned by nextera and nextera, just recently was asking for a 10% hike rate

734
01:26:55,287 --> 01:26:55,287
increase. Why are we helping these big fat cats? Next, some of the money gets given away in

735
01:27:00,293 --> 01:27:00,293
a grant to a nonprofit. This nonprofit, millions of dollars will not be paying taxes, in

736
01:27:05,298 --> 01:27:05,298
all likelihood, and this nonprofit most likely pays themselves a substantial amount.

737
01:27:12,404 --> 01:27:12,404
so I gotta ask the question, what are we really intending to do with the people's property

738
01:27:17,844 --> 01:27:17,844
taxes? Thanks for your time. Thank you. Will audrey creech. Good evening, audrey creech. I

739
01:27:32,191 --> 01:27:32,191
live in palm city, but I work in the city of stuart, so I didn't even know that there was

740
01:27:37,763 --> 01:27:37,763
an a discussion about the city manager tonight. I was here on other matters. However, I'm

741
01:27:42,468 --> 01:27:42,468
going to give you some thoughts. First, I am a part of stuart main street. The the lease for

742
01:27:49,141 --> 01:27:49,141
the. Particular center that we work out of flagler is up for review, so I hope that you will

743
01:27:59,551 --> 01:27:59,551
support that. Additionally, as to city manager, you have an extreme opportunity here. You

744
01:28:04,356 --> 01:28:04,356
have a wealth of knowledge sitting at your table. You have decades of experience being

745
01:28:10,429 --> 01:28:10,429
city commissioner, being a city attorney, being a city manager. I understand it may not be

746
01:28:16,070 --> 01:28:16,070
popular to say this, but there are very few cities that have that ability to go and say,

747
01:28:21,540 --> 01:28:21,540
have you seen this before? Has this ever happened? Whether the city's been sued, whether the

748
01:28:26,712 --> 01:28:30,248
city's been suing others, whether it's anti-growth, pro-growth, it doesn't matter. He has been there, and I would sincerely ask you to understand that you have a veritable

749
01:28:38,023 --> 01:28:38,023
source of very significant intel that very few cities have. Additionally, I sincerely hope

750
01:28:45,464 --> 01:28:45,464
we are not judged only on the people that dislike us, because, frankly, there are a lot of

751
01:28:50,701 --> 01:28:50,701
people that dislike other people. Honestly, if there's not someone that dislikes me,

752
01:28:55,307 --> 01:28:55,307
I'm doing something wrong. That means I'm not standing for anything. Somebody should be at

753
01:29:00,345 --> 01:29:00,345
me somewhere. So I would say that regardless of the many people that I'm sure are going

754
01:29:06,251 --> 01:29:06,251
to come up here tonight and be very vocal and very passionate and I don't disagree. I don't

755
01:29:11,389 --> 01:29:11,389
know their stories. I'm not even going to try to do their stories, but I would suggest

756
01:29:15,460 --> 01:29:15,460
that you should not necessarily judge a person's career on a couple of people who are not

757
01:29:23,134 --> 01:29:23,134
enthused with that human being. It should be taken in complete and utter summation of that

758
01:29:29,341 --> 01:29:29,341
person's career. Have they done their job appropriately? Overall? Thank you. Robin

759
01:29:38,283 --> 01:29:38,283
cartwright. Good afternoon, commissioners. I would hope that the deliberation and

760
01:29:49,127 --> 01:29:49,127
discussion will be up as open for public discussion because I have some thoughts, but my

761
01:29:53,431 --> 01:29:56,435
public comment is specific to commissioner job's comment about everybody's favorite friend and neighbor. As you may recall, with my case, our favorite friend and neighbor

762
01:30:01,505 --> 01:30:01,505
was provided with very specific documentation and information about what were supposedly

763
01:30:05,876 --> 01:30:05,876
confidential. Talks about my legal case. And I can say, looking at the dais, two of the

764
01:30:12,650 --> 01:30:16,554
commissioners and the current city attorney were not part of that, which potentially limits the number of people who could have possibly shared that information with everyone's

765
01:30:20,125 --> 01:30:20,125
favorite friend and neighbor. And it was only taken down from the public purview once the

766
01:30:24,428 --> 01:30:24,428
developer called and said they were really ticked off about it. And mr. Raines, who was the

767
01:30:29,214 --> 01:30:33,185
attorney for the developer, reached out to him to have him take it down. Now, when this happened, I reached out to the city to express my concern, because I acted in good faith,

768
01:30:37,224 --> 01:30:37,224
because I was told absolutely this was confidential talks that nobody should discuss. And

769
01:30:42,095 --> 01:30:42,095
yet here it was, published on a blog, in a newsletter that is paid for and sponsored by

770
01:30:48,268 --> 01:30:52,237
developers. In and amongst that conversation with the city was a conversation with former acting city manager attorney mr. Nicoletti, who said, very clearly, we will look into this,

771
01:30:58,109 --> 01:31:02,080
this breach will not be tolerated and we will look into this. That was three years ago, and yet here we are. It's like groundhog day that everyone's favorite neighbor is being

772
01:31:07,019 --> 01:31:07,019
provided information that nobody else is privy to, and it is being published with the

773
01:31:11,855 --> 01:31:11,855
sole intent of swaying a vote or a conversation. And I get that. Everybody does it. We all

774
01:31:17,062 --> 01:31:17,062
share things because we want things to go a certain way. But when you have somebody who is

775
01:31:22,300 --> 01:31:26,003
sponsored by developers and which is interesting, no longer listed on his news site, they've all been taken down. But he is being sponsored by developers for the purposes of.

776
01:31:30,975 --> 01:31:30,975
so I expressed to you, I implore you, please find out who is leaking this information.

777
01:31:37,048 --> 01:31:37,048
this is not the first time it has happened, obviously, and it will not be the last. But as

778
01:31:41,219 --> 01:31:45,189
long as this kind of shenanigans is tolerated by this commission and by staff, it's only a limited number of people who can provide it to him. So I strongly recommend

779
01:31:49,927 --> 01:31:49,927
that you do an investigation, look at public records, because there's only a limited number

780
01:31:54,766 --> 01:31:54,766
of people who could possibly do this. Thank you. Robert hamilton. Good evening, robert

781
01:32:10,948 --> 01:32:10,948
hamilton 1895 church of stuart. Y'all know me. Last time we were here, we had brought up to

782
01:32:19,391 --> 01:32:19,391
you guys. Section 202 30 on the procurement method. Now we believe that still applies. You

783
01:32:27,898 --> 01:32:27,898
all received an email today. You really need to read the email. But before I go into

784
01:32:35,007 --> 01:32:35,007
that, let's let's think about something. We have a life guard, lifeguards at the beach doing

785
01:32:41,945 --> 01:32:41,945
his job. Little johnny drowns. Mother goes back a week later with her other kids. Same

786
01:32:51,889 --> 01:32:51,889
lifeguards there. Why would you keep the lifeguard? Why would you keep a cancer in the

787
01:32:58,329 --> 01:32:58,329
community to damage us personally, damage our home, drag us through the mud. I

788
01:33:05,936 --> 01:33:05,936
still come in here. There's an out for everybody on this. With the mckee renovation being

789
01:33:13,444 --> 01:33:13,444
accepted by the historical people, by commerce, and by the city itself, I'm not here to

790
01:33:22,086 --> 01:33:22,086
fight with anybody. Here's an opportunity to resolve it. What you all decide to do or not do,

791
01:33:30,060 --> 01:33:30,060
that's on you. It's our home that was destroyed. Our home that the lies about the roof

792
01:33:37,101 --> 01:33:37,101
ridge vent system that were discussed last week, which you have the report and the report

793
01:33:43,173 --> 01:33:43,173
clearly states there's no roof ridge vent system. So again, mr. Jenkins from guardian came

794
01:33:47,377 --> 01:33:47,377
in here and lied to our city commission at the behest of the city manager. Remember, I was

795
01:33:53,784 --> 01:33:53,784
going to get hurt or was going to get hurt real bad. We're going to be wounded. It's time

796
01:33:59,222 --> 01:33:59,222
we move on. There's an opportunity with the federal law here to use the federal

797
01:34:04,127 --> 01:34:04,127
code. Now. We'll all be happy probably when hud opens back up. I'm sure some of you got the

798
01:34:10,867 --> 01:34:10,867
same emails we did. Everything stopped at the moment. So between hud and the oig again,

799
01:34:16,906 --> 01:34:16,906
I come here and here it is. It's it's right here. It's it's plain and simple. It's self

800
01:34:23,580 --> 01:34:23,580
procurement 200.23. Oh, you know, the sad part about it is it didn't need to have all this

801
01:34:33,156 --> 01:34:33,156
happen. We would have went away quietly if it would just been fixed. You just want our home,

802
01:34:38,928 --> 01:34:38,928
our historical building fixed. The last thing I'd like to say. I was at the building

803
01:34:44,067 --> 01:34:44,067
department, and mr. Hatton was going through stuff with me, which I appreciate. And when I

804
01:34:49,038 --> 01:34:52,875
mentioned the grace and we're doing the paperwork, it's historical building. She doesn't want to put that on the paperwork. Now, what's it going to take to put the state id

805
01:34:59,115 --> 01:34:59,115
number to the state of florida? Recognizes our building on the paperwork at every other

806
01:35:03,419 --> 01:35:03,419
previous permit had on historical building permit. You have a job you need to do again.

807
01:35:10,125 --> 01:35:10,125
we're still injured 15 months later. We need to get to the bottom of it. Move on with

808
01:35:14,931 --> 01:35:14,931
section 200. Thank you. Did you wish to make a comment? Yes. Robert. Forgive me. I'm. I'm

809
01:35:25,074 --> 01:35:25,074
confused. I thought we were. We had a revised scope of work that you guys were going to

810
01:35:30,046 --> 01:35:30,046
sign, and we were going to move forward. Is there an issue? Look at the scope of work that

811
01:35:35,484 --> 01:35:35,484
included the. It's erroneous. It's got improper stuff in there. It's not complete. It

812
01:35:40,356 --> 01:35:40,356
wasn't correct. It's in the email I sent you today. Lee, can you chime in? He responded

813
01:35:45,961 --> 01:35:45,961
to my email. I looked at it for two seconds before coming into the meeting, so it was very

814
01:35:52,067 --> 01:35:52,067
lengthy. He had comments which we were asking for his comments on the revised scope of work.

815
01:35:57,005 --> 01:35:57,005
okay, I'll I'll address it tomorrow. It'll be one of the first things I work on. So.

816
01:36:02,044 --> 01:36:02,044
okay. Got it. I'll be honest, I didn't see what he's mentioning, some of the things he put in

817
01:36:06,515 --> 01:36:06,515
the email, but mr. Jenkins will never come on that property again. The man came in this

818
01:36:11,053 --> 01:36:11,053
room and lied, sir, last week. I'm not going to get in big argument with you guys. He came

819
01:36:15,923 --> 01:36:15,923
in here and lied. It's on video. He lied again and again and again. We don't have to

820
01:36:20,996 --> 01:36:24,599
tolerate this. Do you understand that? Our home was damaged? The man came in here and lied to a government body. Now, you may have them under control, but you damn sure

821
01:36:30,205 --> 01:36:30,205
don't have me under control. You hurt my family. You hurt me, my property, and you all

822
01:36:36,245 --> 01:36:36,245
running around making like it's somebody else's problem here. You're going off the rails, man.

823
01:36:41,149 --> 01:36:41,149
yeah, I'm just trying to figure out what the next step was. Let's get it resolved. It

824
01:36:45,854 --> 01:36:45,854
sounds like we're commissioners. Read the email. Yeah, and speak with mr. Baggett. One of the

825
01:36:49,892 --> 01:36:49,892
issues is mr. Antonio with guardian needs to go back and re-inspect the home, which was

826
01:36:55,998 --> 01:36:55,998
discussed at the last meeting. Yes, but I guess we're hearing from mr. Hamilton that you're

827
01:37:00,034 --> 01:37:00,034
not going to allow him to do that. I never said we were going to allow that at the last

828
01:37:05,373 --> 01:37:09,011
meeting. I never said that. Right. The tapes there, I've read most of that email, but I think you need to do it. It's it's really idiot proof. It's bullet point as to the things

829
01:37:13,915 --> 01:37:16,985
that are not correct and compared to the legal description and all that. Yes. Okay. Yeah. I mean, I'll leave you with this. It's pretty sad. Now I'm going to leave some

830
01:37:22,523 --> 01:37:22,523
levity here. It's pretty sad, counselor. How many years? And they can't get the property

831
01:37:28,262 --> 01:37:28,262
description right? Yes. Come on man. And you wonder why we get emotional. That's my home, mr.

832
01:37:34,804 --> 01:37:34,804
baggett. If I come to your house and trash it like the mayor said was done to us,

833
01:37:40,341 --> 01:37:44,044
you're not going to be a happy man. Let's just get it fixed. This could have went away a year and a half ago. We are trying to know. We are trying to. He came in here and lied.

834
01:37:49,217 --> 01:37:49,217
sir. Mr. Hamilton, we're trying you. I know you want to shut me up. It's alright, mr. Hamilton.

835
01:37:54,889 --> 01:37:54,889
we gave you a a good audience last week and we continue to listen to you and thank you for

836
01:38:00,896 --> 01:38:00,896
the email, and I'll provide us a context for our discussions with mr. Martin and mr. Baggett.

837
01:38:08,303 --> 01:38:08,303
mr. Commissioner reed. Yeah. For clarification purposes, lee, is it a requirement for antonio

838
01:38:12,907 --> 01:38:12,907
jenkins to come in their property and to inspect in order to we need to have it

839
01:38:17,147 --> 01:38:20,882
inspected by the project manager and that's who's the project manager. I don't think guardian has another project manager. I offered in the email that mr. Hadden or some other

840
01:38:25,988 --> 01:38:25,988
city official could be there at the same time, and and I got crickets. So that was unless he

841
01:38:32,292 --> 01:38:32,292
responded to it in the email a couple hours ago, I don't know. Okay. But right now we we mr.

842
01:38:40,000 --> 01:38:40,000
antonio needs to go back out and re jenkins antonio jenkins of guardian needs to go back

843
01:38:45,973 --> 01:38:45,973
out. All he simply needs to do is re inspect the property. If we need to have the building

844
01:38:51,045 --> 01:38:51,045
official with him, or I'll go out there myself if, if to be a mediator if that's necessary.

845
01:38:55,917 --> 01:38:55,917
but that that is for clarification. So it is a requirement antonio has to

846
01:38:59,953 --> 01:38:59,953
unless we utilize the 200 dash 230 which allows it doesn't matter no matter what. Under

847
01:39:07,061 --> 01:39:07,061
the cdbg grant, the scope of services has to be formulated by the project manager. So even

848
01:39:17,107 --> 01:39:17,107
that's before it goes out to rfp to come to the agreement on the scope of services, the

849
01:39:21,842 --> 01:39:21,842
project manager has to look at it. The hamiltons have to look at it, then it has to be sent

850
01:39:26,848 --> 01:39:26,848
to florida commerce. If florida commerce signs off on it, then it gets sent to shpo. Once

851
01:39:32,152 --> 01:39:32,152
shippo signs off on it, then it would go to procurement and then the federal statute that

852
01:39:37,124 --> 01:39:37,124
they're referencing would actually be a state, a state procurement rule that you could

853
01:39:41,896 --> 01:39:41,896
do a sole source procurement if you could demonstrate that there were no other contractors

854
01:39:47,534 --> 01:39:47,534
that could qualify to bid. Okay. So so when when I guess robert and olga, when you do respond,

855
01:39:57,945 --> 01:39:57,945
I mean, it sounds like he has. Yeah. Correct. I, I briefly looked at it as well. Like lee

856
01:40:05,084 --> 01:40:05,084
said, I gave two dates that mr. I understand, but in order for him to even move forward, they

857
01:40:11,126 --> 01:40:15,061
would have to come into his house and he might not be comfortable with that. And I don't know how he would be comfortable or if we go that other avenue. I mean, it sounds

858
01:40:20,200 --> 01:40:20,200
like we're we might be back to square one unless I think first we need to hang on. I'm not

859
01:40:25,205 --> 01:40:29,108
finished. Unless between the hamiltons can come up with where they would feel comfortable with antonio being in their residence again. But there is no ridge vent system

860
01:40:34,747 --> 01:40:34,747
there. And antonio jenkins did stand before us at that meeting and say there was one. And I

861
01:40:41,020 --> 01:40:41,020
did my own due diligence. Lee. And they don't make a ridge vent system for a standing seam

862
01:40:46,993 --> 01:40:46,993
metal roof, by the way, or any metal roof at all. So he's that project manager and he's

863
01:40:52,866 --> 01:40:52,866
supposed to go in there again and inspect. And he stood in front of us and said there was

864
01:40:58,972 --> 01:40:58,972
one. There is not one. If, if, if he's not going to inspect it, it's going to delay it even

865
01:41:05,144 --> 01:41:05,144
further. I mean, I'm, I'm trying. You guys asked me to get this thing quickly done.

866
01:41:09,950 --> 01:41:09,950
I've tried and I'm doing my best. No. And I listen, lee, I know I'm not going to inspect

867
01:41:14,988 --> 01:41:14,988
inspect it. I know and listen. You're doing your job. But antonio jenkins failed, and he

868
01:41:20,860 --> 01:41:20,860
absolutely stood in front of us as board members and lied and said there was a ridge vent

869
01:41:26,398 --> 01:41:26,398
system. I think, first off, I we shouldn't be accusing him, saying he lied when when he's

870
01:41:31,971 --> 01:41:31,971
not here to defend himself, so let's I understand I you can contact the company cobra and I

871
01:41:38,845 --> 01:41:38,845
don't I don't need to I'm just saying please don't accuse him. And he's not here to defend

872
01:41:44,116 --> 01:41:48,087
himself. And I'm not saying that to defend him. I'm just saying we need to give due process. We're a public entity. I understand, and we've done that in the past. And and then

873
01:41:53,092 --> 01:41:57,029
we brought them here to answer the questions. Then that question should have been posed to him. If you were challenging him, we should have challenged him when he was here. But I

874
01:42:01,066 --> 01:42:01,066
don't want to. All he's got to do is inspect the property. I mean, there's no dispute that

875
01:42:06,238 --> 01:42:06,238
everyone's agreed to put a ridge vent in, right? So that's not and that's that's in this

876
01:42:11,144 --> 01:42:15,048
revised scope of service. They might not be comfortable with him going in their house. And that might put us back to not. And we can we can go through florida commerce and and go

877
01:42:20,051 --> 01:42:20,051
down a different path. And if that's the case but it's just going to be delay okay. Thank

878
01:42:24,757 --> 01:42:24,757
you. Both parties have obligations. Excuse me regard to this process okay I do have

879
01:42:32,130 --> 01:42:32,130
one more public. Okay. Go ahead olga hamilton. Good afternoon, olga hamilton, 311 southwest

880
01:42:44,943 --> 01:42:44,943
third street. Okay. The church that you all tied to here on august. On august 4th, 2024, we

881
01:42:57,823 --> 01:42:57,823
notified mr. Jenkins of guardian community resource management. He represents that

882
01:43:04,029 --> 01:43:04,029
firm. We notified the city manager that the contractor did not install the roof ridge vent

883
01:43:10,869 --> 01:43:10,869
system included in the cdbg. Scope of work. In rectifying this situation, mr. Jenkins

884
01:43:20,079 --> 01:43:20,079
wrote to us demanding the full payment on the roof. 1990, including roof ridge systems

885
01:43:30,089 --> 01:43:30,089
that was not installed. It was faked. Yes, we hired home inspector who was given to us

886
01:43:36,996 --> 01:43:36,996
by insurance company. He wrote a report. He confirmed there are no any functioning roof

887
01:43:44,269 --> 01:43:44,269
ridge vent system count from august 2024 to today. Date 2020 fifth. How many days of lies?

888
01:43:58,149 --> 01:43:58,149
we repeatedly asked the city administration for inspection. Reopen the permit reinspect

889
01:44:07,926 --> 01:44:07,926
deduct for work. Did not complete. No. The city administration paid the full

890
01:44:15,967 --> 01:44:15,967
amount without any deduction for the roof ridge vent system. Despite we provided with the

891
01:44:24,141 --> 01:44:24,141
bid. And by the way, as the city attorney wrote to us that he included that. Court roof.

892
01:44:35,853 --> 01:44:35,853
quote unquote, red roofs, who inspected and gave bid no. Excuse me. That form. Quote,

893
01:44:49,033 --> 01:44:49,033
red roofs, they did not they did not write in their bid that we have existing roof ridge

894
01:44:57,175 --> 01:44:57,175
vent system. What they wrote in the in their bid to remove the ridge cap, not reach vent

895
01:45:07,185 --> 01:45:07,185
system and to remove the metal, it's known vented metal. There are no cobra roof ridge systems.

896
01:45:15,759 --> 01:45:15,759
there are no any roof ridge vent system on our roof. This is days of lies plus including

897
01:45:24,501 --> 01:45:24,501
as mr. Jenkins, guardian community resource management vetted contractor, review

898
01:45:30,107 --> 01:45:30,107
contractor certify their work. Supervise. They work, certify their work and he certified at

899
01:45:40,784 --> 01:45:40,784
85% windows complete when he had in his hand. Since december 1st, 2023, the state historic

900
01:45:49,960 --> 01:45:49,960
preservation letter and the structural engineer report stated, all windows have to be

901
01:45:55,798 --> 01:45:55,798
removed and damages all have to be repaired to our windows openings. 85%. He certified and

902
01:46:05,042 --> 01:46:05,042
paid taxpayers money doesn't matter. Federal taxpayers or the city of stuart taxpayers

903
01:46:11,815 --> 01:46:11,815
fought over 46,000 of taxpayers money given to patriot response group for fake roof ridge

904
01:46:20,790 --> 01:46:20,790
system and shoddy installation of the windows. I hope we can move forward, but I do have

905
01:46:27,397 --> 01:46:27,397
concern, even not just mr. Jenkins, to have on our property, but guardian

906
01:46:33,203 --> 01:46:33,203
community resource management, who sent us documents with falsified dates and for

907
01:46:39,609 --> 01:46:39,609
signature. Thank you, thank you. Is that conclude? That concludes the public. Thank you.

908
01:46:48,918 --> 01:46:48,918
can I get a motion for the approval of the consent calendar? So moved. Second, we

909
01:46:54,224 --> 01:46:54,224
have a motion by the vice mayor and a second by commissioner clerk. Is there any public

910
01:46:59,563 --> 01:46:59,563
comment on this item? Seeing none. Roll call please. Vice mayor collins. Yes,

911
01:47:05,536 --> 01:47:05,536
commissioner. Yes, commissioner. Yes, commissioner. Clerk. Yes, mayor. Rich. Yes. Item eight.

912
01:47:13,409 --> 01:47:13,409
so, will you read item eight for our consideration, please, mr. Baggett, resolution number

913
01:47:21,318 --> 01:47:21,318
101 dash 2025, a resolution of the city commission of the city of stuart, florida, to

914
01:47:26,023 --> 01:47:29,959
authorize a three year extension to absolute triple net unsubordinated lease agreement between the city of stewart and stewart main street association, inc. For the

915
01:47:34,964 --> 01:47:34,964
flagler center, located at 201 southwest flagler avenue, stewart, providing an effective

916
01:47:39,736 --> 01:47:39,736
date and for other purposes. We have attached the original lease and the original

917
01:47:49,045 --> 01:47:49,045
ordinance. I'm sorry, resolution that initially proposed or approved it. It it

918
01:47:55,819 --> 01:47:55,819
provided for an initial three year term, and then there was two additional three year terms.

919
01:48:03,059 --> 01:48:03,059
this is the second additional extension term. So you have this is will be years seven,

920
01:48:10,066 --> 01:48:10,066
eight, nine, seven, eight and nine. Nothing else is changing in the contract other than

921
01:48:15,337 --> 01:48:15,337
extending the time I do. I pointed out into the summary that there seem to be a

922
01:48:21,210 --> 01:48:21,210
scrivener's error in the original commencement date. In the original lease agreement,

923
01:48:26,115 --> 01:48:26,115
it was dated at the top in august of 2019, but in the original resolution, the

924
01:48:35,459 --> 01:48:35,459
commission authorized it to commence on january 1st, 2020. I think the august date was

925
01:48:40,396 --> 01:48:40,396
around the time it was finally executed by the city and stuart main street, but I I the the

926
01:48:48,437 --> 01:48:48,437
first renewal for an extension. They were consistent with it starting in january. I just

927
01:48:54,043 --> 01:48:54,043
wanted to point out to to the to the board in case you guys caught it, that that seems to

928
01:48:59,982 --> 01:48:59,982
be a few months off. They've requested that it be extended, provided their letter in here,

929
01:49:06,755 --> 01:49:06,755
and we have a draft of the extension for the for the lease for the second renewal. I'm

930
01:49:13,028 --> 01:49:13,028
happy to answer any questions. I believe someone from stuart main street is here if you have

931
01:49:18,033 --> 01:49:18,033
any questions for them, mr. Vice mayor. So I don't know if you feel comfortable, mike, but

932
01:49:26,209 --> 01:49:26,209
just kind of briefly walking through these three different agreements that we have with

933
01:49:31,448 --> 01:49:31,448
main street because my, my ask here would be to have all of them line up together where we

934
01:49:38,887 --> 01:49:38,887
have three different agreements. I think it's something that's needed to happen for some time

935
01:49:42,958 --> 01:49:42,958
that are sort of floating out with independent time frames, and I think all of them need to

936
01:49:49,264 --> 01:49:49,264
land basically on one agenda in the future for future commissions. I think it's it's

937
01:49:54,904 --> 01:49:54,904
a little fragmented. So for what it's worth, obviously for the edification of the audience,

938
01:50:00,842 --> 01:50:00,842
the three agreements are the rock and riverwalk, the green market and the flagler center.

939
01:50:05,881 --> 01:50:05,881
and so we can bring back the green market and the rock and riverwalk and combine it to

940
01:50:13,688 --> 01:50:13,688
this lease at a future date, if that's if the inclination of the board is that, be pretty

941
01:50:18,927 --> 01:50:18,927
easy. Historically, what really happened was main street started doing rock and

942
01:50:24,966 --> 01:50:24,966
riverwalk. They were having to pull a special event permit for every single sunday, so it

943
01:50:30,373 --> 01:50:30,373
became an absurdity. So what we did is entered into an annual deal with them to pull one

944
01:50:37,145 --> 01:50:37,145
special event permit for 52 sundays so they could do the rock and riverwalk. Unrelated

945
01:50:42,851 --> 01:50:42,851
to that. Several years later, they responded to a request for proposals as it related to

946
01:50:49,024 --> 01:50:49,024
operating the flagler center and were awarded, or were they were the selected applicant,

947
01:50:54,729 --> 01:50:54,729
and they started operating the flagler center. Then on a separate matter, they also

948
01:50:59,868 --> 01:50:59,868
responded to a request for proposals to operate the green market. And as a result, we

949
01:51:04,905 --> 01:51:04,905
have these three staggered contracts. The flagler center's before you guys tonight. If you

950
01:51:11,012 --> 01:51:11,012
want to address that tonight, I can bring back the other two contracts. And if all we're

951
01:51:17,252 --> 01:51:17,252
doing is changing the dates, I can meet with candice at the at main street and have her bring

952
01:51:23,024 --> 01:51:23,024
it to their board. I don't think there'd be any objection by their board. If you're not

953
01:51:27,128 --> 01:51:30,998
changing any terms or anything, just to consolidate them so that they all come back annually for the commission to review at the same time. And it probably makes sense for it to

954
01:51:36,204 --> 01:51:36,204
be in like may so that it's before the budget. I say that because they all, all of the

955
01:51:41,876 --> 01:51:41,876
agreements in some way kind of play on each other. So we, we pay 70,000 for, you know, main

956
01:51:50,251 --> 01:51:50,251
street to do riverwalk plus they lease and then they give us back money for that lease.

957
01:51:56,156 --> 01:51:56,156
it really should be all looked at together, I think for a commission to be able to review.

958
01:52:02,029 --> 01:52:02,029
and it's if you remember last year we said that we will not review the annual allocation we

959
01:52:07,903 --> 01:52:07,903
make to them. Remember we lost that. But to be able to holistically look at the city's

960
01:52:15,376 --> 01:52:15,376
relationship with main street, not to criticize it to me, but I think so that because

961
01:52:19,746 --> 01:52:19,746
otherwise these these just one of these lands on your agenda over here and then over there,

962
01:52:24,618 --> 01:52:24,618
we can't really. And if something needs to be, maybe they need more than 70. Maybe,

963
01:52:29,490 --> 01:52:33,294
you know, you can look at it holistically and say, okay, this is our relationship with main street. These are our expectations. That would be my ask. I agree. Okay. Are there

964
01:52:41,837 --> 01:52:41,837
any other questions of mr. Baggett regarding this? Actually the city manager, if

965
01:52:48,142 --> 01:52:48,142
you had I had my go ahead. But that's okay. Commissioner clark okay. So in light of what

966
01:52:55,716 --> 01:52:55,716
commissioner. Vice mayor just brought up. If we're going to vote on this item number eight,

967
01:53:05,325 --> 01:53:05,325
resolution number 101 2025, we'd like to vote on. I'd like to vote on this separately

968
01:53:11,832 --> 01:53:11,832
tonight, since that's there. And your suggestion would be something to wait to wait so

969
01:53:17,972 --> 01:53:17,972
that they all land on one agenda for future commissions for us to bring them back next

970
01:53:23,277 --> 01:53:23,277
time. Like I can get them on the next agenda because this is already done. I would literally

971
01:53:29,849 --> 01:53:29,849
just put this on tonight's agenda and then just add the other items. The only thing is

972
01:53:34,221 --> 01:53:34,221
a matter of speaking to main street. Obviously those other the the rock and riverwalk

973
01:53:39,026 --> 01:53:39,026
contract for the special events permits easy, but the green market one is an rfp response.

974
01:53:44,031 --> 01:53:44,031
so it may or may not be, but we can still bring it back at the next agenda. It's also the

975
01:53:50,035 --> 01:53:50,035
annual allocation we provide them. That's an additional item. Right. Well that was that's

976
01:53:55,676 --> 01:53:55,676
budgeted. Yeah. So that's in the. Contractual budget. Right. So the funding is there. It's

977
01:54:03,115 --> 01:54:03,115
you saying you want you want to put it. Vice mayor do you want that to come before us every

978
01:54:09,456 --> 01:54:09,456
year? Again, I think it should all be a part of that package for us to consider our

979
01:54:14,128 --> 01:54:14,128
relationship with them. And again, I'm not saying that to cut it or but but just for

980
01:54:18,297 --> 01:54:18,297
transparency, that motion failed last time. I just want to remind you. Well, but that

981
01:54:23,804 --> 01:54:23,804
doesn't mean we can't bring it back. Yeah, I think they should all come back together again so

982
01:54:28,841 --> 01:54:28,841
we can holistically look at them. Okay. I don't have a problem with that. Okay.

983
01:54:32,915 --> 01:54:32,915
commissioner job I my question is to the city manager, and he and I have emailed back and

984
01:54:37,883 --> 01:54:37,883
forth. I was looking at my understanding that there are some sublets over at flagler

985
01:54:42,989 --> 01:54:42,989
center. And you did not have a copy of those or you were going to look for. Well, I sent you

986
01:54:48,561 --> 01:54:48,561
the blank, the unsigned copy. So, so like when the cityci enters into an agreement, like

987
01:54:54,133 --> 01:54:54,133
with azul to land lease, we don't get copies of the 49 sublets where they lease the

988
01:55:00,039 --> 01:55:00,039
units out. And when we entered into land lease with huizenga for the sunset bay marina, they

989
01:55:07,479 --> 01:55:07,479
have 202 subleases for the leases. Then they have a sublet for the marina. Then they have

990
01:55:12,285 --> 01:55:12,285
a sublet for the sailor returns, and then they have a sublet for. I can't think of the coffee

991
01:55:18,324 --> 01:55:18,324
house. Gilbert's. And so their lease requires the city commission to approve any

992
01:55:24,364 --> 01:55:24,364
assignment of that, just as the lease that you have before you tonight has a requirement that

993
01:55:30,903 --> 01:55:30,903
in the event they're inclined to sublet the parties. Paragraph, paragraph nine says

994
01:55:36,843 --> 01:55:36,843
that the lessee may not assign all or any portion of this lease or sublease the whole or

995
01:55:44,850 --> 01:55:44,850
any part of the premises, including portions of any improvements erected thereon by

996
01:55:50,289 --> 01:55:50,289
lessor other portions of the premises for any purpose, without the express written

997
01:55:55,328 --> 01:55:55,328
consent of the lessor. Open parentheses. City manager, which consent shall not be

998
01:56:00,432 --> 01:56:00,432
unreasonably withheld or delayed. And so when you look into the going back on it, when

999
01:56:07,006 --> 01:56:07,006
we were looking into what unreasonably held or delayed met is, obviously it would not

1000
01:56:12,511 --> 01:56:12,511
be unreasonable for the city to deny a sublease with some of that we were in litigation with,

1001
01:56:19,051 --> 01:56:19,051
or deny a sublease with an entity that was not zoned to do business there or something

1002
01:56:25,023 --> 01:56:25,023
like that. But as it relates to the amount of the lease, it really has no bearing on the

1003
01:56:33,198 --> 01:56:33,198
city of stuart. They this goes on to say that no matter what, the lessee shall remain liable

1004
01:56:39,036 --> 01:56:39,036
for the full performance and obligations under this lease, and no sublease can extend

1005
01:56:44,176 --> 01:56:44,176
beyond the existing term of this lease. Was your point more who or how much? No, who. I

1006
01:56:49,047 --> 01:56:49,047
don't really care how much. So it's so the reality is, number one, the flagler center I'm

1007
01:56:53,285 --> 01:56:57,188
sure doesn't have 23 subleases. No, they have I believe it's one with an engineering firm that used to be in the building that's so occupied. And we should certainly have a known

1008
01:57:02,994 --> 01:57:02,994
who is that we do. Okay. And I provided you a copy of the unsigned lease because when the

1009
01:57:09,100 --> 01:57:09,100
prior city manager got the letter from stuart main street, it had their proposed lease in

1010
01:57:15,840 --> 01:57:15,840
it. When I was at my desk friday looking for it, I happened to find that like on

1011
01:57:20,979 --> 01:57:20,979
the computer, I'm sure I could go through the clerk's office and get a copy of it, but I in

1012
01:57:26,151 --> 01:57:30,088
my email to you, I said, I don't know if they've updated that lease because it was signed in 2019, so we don't even know if they're still there. Well, that's another

1013
01:57:34,158 --> 01:57:37,996
issue. No, they're still there. Okay. Maybe double check with candace, right? Yeah I mean I mean, do they lease out any property for no fee? I mean, are there other people using

1014
01:57:43,268 --> 01:57:43,268
the facility at flagler? They're not they're not allowed to. So if they did and they and

1015
01:57:49,841 --> 01:57:49,841
I didn't know about it, then I don't know. Right? I'm not sure of that. But they didn't they

1016
01:57:55,379 --> 01:57:55,379
haven't informed us of that. Right. But I do know. Can we ask if there's anyone using

1017
01:58:00,952 --> 01:58:00,952
property at flagler as an office, a desk somewhere? I mean, again, that would be

1018
01:58:07,825 --> 01:58:07,825
something if they're not even paying a rent, but they just the vice mayor sit on that

1019
01:58:12,230 --> 01:58:12,230
board. But I feel like that's more of a city manager. I mean, I'm happy to find out. So it

1020
01:58:19,171 --> 01:58:19,171
gets back to all of us. Thank you. And for what it's worth, if they're subleasing and

1021
01:58:26,077 --> 01:58:26,077
someone's using it as an office and and maintaining a business tax, the city has an interest

1022
01:58:31,049 --> 01:58:31,049
in it. But if the entity itself is saying that they can use office space, I don't know

1023
01:58:39,958 --> 01:58:39,958
who's using the office space or what the allegation is. That's not paying rent. That's just

1024
01:58:43,995 --> 01:58:43,995
going in and sitting there. I don't know that that it's actually a lease or not, but I

1025
01:58:48,999 --> 01:58:48,999
will ask. I don't believe that that's happening, though. I guess that's the point. We

1026
01:58:53,070 --> 01:58:53,070
don't know. And it is our property that we lease. I guess that was the point. We don't

1027
01:58:57,875 --> 01:58:57,875
know. Okay, great. Thank you, commissioner reed. Yeah, my question was pretty much

1028
01:59:02,947 --> 01:59:02,947
answered. And I think probably what you're getting at. Commissioner, is probably that

1029
01:59:09,120 --> 01:59:09,120
consultant for brightline that was using that property address for a mailing address, I think

1030
01:59:14,357 --> 01:59:14,357
tied to their sun biz corporation, I'm assuming. Yes, that's what you're talking

1031
01:59:20,497 --> 01:59:20,497
about. That was the I forget the guy's name several years ago. He was a sam yates. Yes.

1032
01:59:27,137 --> 01:59:27,137
sam yates, he was using it, their property address as a mailing address for his, I

1033
01:59:31,175 --> 01:59:31,175
think, like registered agent maybe, or something for mailing purposes. And I'll ask. I don't

1034
01:59:36,212 --> 01:59:36,212
know if he's still there or not, and I don't know. And I don't know if he was ever there. I

1035
01:59:41,218 --> 01:59:45,156
don't know, I just know on sundays it was listed. I'm assuming that's what you're talking about. It's still listed, right. But then if you're listing it as such, he's

1036
01:59:49,159 --> 01:59:49,159
still there. The lease that the engineers have. Do you mind coming to the mic, please? So,

1037
02:00:00,839 --> 02:00:00,839
sam sam is still there. He actually is the executive director of the gold coast

1038
02:00:05,809 --> 02:00:05,809
builders association. He's occupying space provided to him by culpepper and turning on the

1039
02:00:12,819 --> 02:00:12,819
space that they lease there. I mean, I know that's a sublet of a sublet. Well, I don't know if

1040
02:00:19,222 --> 02:00:19,222
he's employed by culpepper interpreting, but if he is, he was doing some pr and marketing

1041
02:00:24,093 --> 02:00:24,093
for them. How much now? I don't know. I mean, I know he officially is using that space.

1042
02:00:30,233 --> 02:00:30,233
let's let the city manager find. Out there aren't any. If he has an actual lease, then they were

1043
02:00:36,873 --> 02:00:36,873
supposed to get our permission for that. The commission could declare it a breach and

1044
02:00:42,012 --> 02:00:42,012
terminate the contract. Now, when you say our permission, it says city manager. Well, I you

1045
02:00:47,082 --> 02:00:47,082
come in, I would bring agenda. Right. Exactly. Okay. And so I have no idea. I assume that

1046
02:00:56,326 --> 02:00:56,326
culpeper culpeper turpentine office used to be where toby overdorf office is. Okay. When

1047
02:01:02,331 --> 02:01:02,331
they're ten years ended because it's waterfront property. Instead of having a referendum,

1048
02:01:08,237 --> 02:01:08,237
they got moved to. They got they had to move out when they had to move out when the.

1049
02:01:19,014 --> 02:01:19,014
whatever the stuart main street rented the flagler center, culpepper terpening then went

1050
02:01:26,289 --> 02:01:26,289
and worked out a deal to rent office space in the back of the flagler center. That was

1051
02:01:31,394 --> 02:01:31,394
approved by david dyess back in like 2009. Was it ever on the agenda? Like, I have no idea.

1052
02:01:37,034 --> 02:01:37,034
agenda? I have no idea. And then the sam yates, it sounds to me like, is occupying that

1053
02:01:46,043 --> 02:01:46,043
space as an agent of culpeper terpening not as a tenant. Yeah, but no different than your

1054
02:01:53,282 --> 02:01:53,282
employee would be occupying it as you. Not that he has his own lease with them, but rather

1055
02:01:59,088 --> 02:01:59,088
that he works for them and uses the space that way. I have no idea. But if the commission

1056
02:02:05,428 --> 02:02:05,428
wants to change it, why would you in front of you right now? Why would you characterize it

1057
02:02:09,799 --> 02:02:09,799
that way if you have no idea? Because I know that that candace has come to us and told

1058
02:02:14,837 --> 02:02:14,837
us they were subletting. There'd be no reason for us to deny a sublet, whether it was

1059
02:02:18,907 --> 02:02:18,907
sam yates or whether it was culpeper turpentine. We didn't have a basis to say that he was

1060
02:02:24,981 --> 02:02:24,981
a no. So if they were doing it just for permission, there'd be no reason not to bring it

1061
02:02:29,951 --> 02:02:29,951
forward. What would be accurate is we we have no idea. Well, except for mark's telling us

1062
02:02:34,123 --> 02:02:34,123
that he's using culpeper's office. That's the space that culpeper leased. But aren't you

1063
02:02:39,062 --> 02:02:42,163
made aware of these, mr. Vice mayor, when you attend the board meetings, aren't you aware? Made aware of? No. And you don't ask these questions. This is all sort of coming out

1064
02:02:47,703 --> 02:02:47,703
now. All new open government. Yeah. So so mike, going back to it, if it was a sub sublease,

1065
02:02:55,977 --> 02:02:55,977
it would come in front of the board on a consent agenda item of I would imagine that's what

1066
02:03:01,117 --> 02:03:01,117
I would do. That's what you would do. But we don't know if dave did it when he was city

1067
02:03:05,920 --> 02:03:08,958
manager. So the lease doesn't require it. It's not a requirement I know that. Correct. And I know that I know that when it happened, I know the city manager discussed it.

1068
02:03:13,829 --> 02:03:13,829
yeah, with the individual board members. And because culpeper terpening had been a tenant of

1069
02:03:18,933 --> 02:03:18,933
the city for 20 years prior to that in the building. That's right here on the corner of the

1070
02:03:26,141 --> 02:03:26,141
parking lot where toby overdorf office is. But what happened was when the new law came into

1071
02:03:30,712 --> 02:03:30,712
play, or the new code came into play, that you couldn't stay up in waterfront property for more

1072
02:03:36,986 --> 02:03:36,986
than ten years without a referendum. Yeah. When ten years ran out, they had to move.

1073
02:03:42,124 --> 02:03:42,124
so they got moved out of that space. And we're looking for space. So I think it all just

1074
02:03:48,330 --> 02:03:48,330
kind of happened at the same time. But I don't remember the details of how it got

1075
02:03:53,168 --> 02:03:53,168
negotiated or what. No. For clarification purposes. They could and I know these might be

1076
02:04:02,177 --> 02:04:02,177
new leases, but we have other leases in the city. And I don't know if this one's just more

1077
02:04:09,351 --> 02:04:09,351
controversial because of who. Rents it and then who subleased it to a potential sam yates

1078
02:04:16,892 --> 02:04:16,892
consultant with bright line. And I don't know if that's why it gets more, I guess,

1079
02:04:23,064 --> 02:04:23,064
attention. But what I'm getting at is our other leases like that in the city to where you

1080
02:04:28,269 --> 02:04:28,269
would have the authorization, and then I understand you would bring it to the board on a

1081
02:04:33,607 --> 02:04:33,607
consent agenda. Is that how it would be done for other ones? I'm not aware of any other

1082
02:04:38,279 --> 02:04:38,279
leases in the city that that have the sublet language. I know, I know that the ground

1083
02:04:47,922 --> 02:04:47,922
lease for sunset bay marina allowed the huizinga group to originally sublet it to a

1084
02:04:56,097 --> 02:04:56,097
restaurant and then bill, dave or bob davis built the sailor returns. I know that when

1085
02:05:03,104 --> 02:05:03,104
huizinga group sold it to the next company that manages it, they had to come before the

1086
02:05:09,042 --> 02:05:09,042
city commission, and the city commission had to approve the assignment. The city commission

1087
02:05:13,180 --> 02:05:13,180
was not given the financial terms of what huizinga was paid for it. It was just to approve

1088
02:05:18,987 --> 02:05:18,987
the new managing entity that was going to be managing the marina and operating the marina.

1089
02:05:24,892 --> 02:05:24,892
so did the pelican have that lease to it? Because I remember the pelican pelican when it

1090
02:05:29,897 --> 02:05:29,897
assigned its lease to mike matukaitis. Same thing happened. Had to come in front of the

1091
02:05:37,105 --> 02:05:37,105
board of what was paid to the pelican were not public. It was just just like when mulligan's

1092
02:05:43,577 --> 02:05:43,577
used to be right next door at boathouse, and they sold the balance of their lease to the

1093
02:05:49,688 --> 02:05:49,688
boathouse company. Whatever they sold it for was a dollar or $1 trillion was not

1094
02:05:54,788 --> 02:05:54,788
disclosed. It was that the city commission had to decide whether or not it was accepting

1095
02:05:59,993 --> 02:05:59,993
the new land or the new tenant as a operator that was going to be financially stable,

1096
02:06:07,435 --> 02:06:07,435
sufficiently enough to maintain the building or do whatever it was. So is this the only lease

1097
02:06:12,806 --> 02:06:16,777
in the city that has this option? Well, okay. Is that is that essential that we know this to either approve this motion or not? I appreciate that's a good but just asking

1098
02:06:21,749 --> 02:06:21,749
some I know, but it has nothing to do with this item. If, if, if you would like to make a

1099
02:06:28,955 --> 02:06:28,955
request to the city manager that all city leases be brought, it's not good on what I'm

1100
02:06:33,262 --> 02:06:33,262
saying. Why can he not ask his questions? Why does it have to do with his decision? Because

1101
02:06:38,365 --> 02:06:42,102
we're talking about the flag release. This would be the we're talking about the pelican lease now. Well, I'm we were talking about gilbert's lease. Why why can he not ask his

1102
02:06:48,075 --> 02:06:48,075
questions? So in in short, is the florida statutes require you to mitigate damages. So if

1103
02:06:56,850 --> 02:06:56,850
you're a tenant in any landlord situation and you're in a position that you can't pay

1104
02:07:02,489 --> 02:07:02,489
your rent any longer and your landlord's evicting you, the landlord has the right to sue

1105
02:07:07,926 --> 02:07:07,926
you for the balance of the months that are due. But if you can mitigate those damages by

1106
02:07:13,933 --> 02:07:13,933
finding a sufficient tenant, even if your lease doesn't have the assignment language in it,

1107
02:07:19,005 --> 02:07:19,005
the courts will interpret it to include that language and allow you to fill those shoes so that

1108
02:07:25,245 --> 02:07:25,245
you can avoid or mitigate the damages for the remainder of the the breach of that contract,

1109
02:07:31,350 --> 02:07:31,350
the leases that the city has as it relates to its long term land leases, all have the

1110
02:07:38,825 --> 02:07:38,825
assignment language, because when you have an 80 or 90 year lease, it's not anticipated

1111
02:07:43,095 --> 02:07:43,095
that the person's going to run the through the tape. So they they generally do it. But those

1112
02:07:49,036 --> 02:07:49,036
aren't waterfront property. The waterfront is unrelated okay. But the sunset bay's water. So

1113
02:07:55,341 --> 02:07:55,341
is it a hudson's is waterfront. Waterfront is waterfront. So what is it, a land lease versus.

1114
02:08:00,046 --> 02:08:00,046
it's a land lease is a building. It's well, hudson's and waterfront were both considered

1115
02:08:08,554 --> 02:08:08,554
land leases because what we say is you're renting it as a triple net land lease. If the

1116
02:08:14,259 --> 02:08:14,259
air conditioning breaks, that's your problem. You have to maintain it. We're not

1117
02:08:19,198 --> 02:08:19,198
providing you a tenant where we provide you with working air conditioning and working

1118
02:08:23,669 --> 02:08:23,669
windows and working heat, and if it leaks or any of that, we say, no, it's just a flat land

1119
02:08:29,943 --> 02:08:29,943
lease. And then that's your responsibility for everything else insurance, taxes,

1120
02:08:35,181 --> 02:08:35,181
maintenance, everything. And that's just been a policy of the city, I get it. But those

1121
02:08:40,987 --> 02:08:40,987
would have to come in front of the board. This one would not. That's all. And that's all I

1122
02:08:45,958 --> 02:08:45,958
was asking questions on mayor rich. This this one I know you would bring it if they if they

1123
02:08:52,031 --> 02:08:52,031
if they had a different tenant that was wanting to move in and it came forward, it's just as

1124
02:08:57,803 --> 02:08:57,803
easy for me to put it on the consent because I just put it on the consent. But that's what

1125
02:09:03,308 --> 02:09:03,308
you would do. And I don't know that it requires it one way or the other doesn't require it.

1126
02:09:07,913 --> 02:09:11,049
right. It doesn't require it. That's that's going above and beyond which I would appreciate it would be nice. And I'm sure most people would. Thank you, mayor rich, for allowing me to

1127
02:09:16,054 --> 02:09:18,990
finish my comments. Commissioner job, do you have additional comments? I just wanted to say my whole reason was that it is city property and we should know who's

1128
02:09:23,398 --> 02:09:23,398
leasing it or subleasing it. That's all. Okay. We do. We have a motion with regard to

1129
02:09:31,337 --> 02:09:31,337
resolution number 101 2025 as presented. I think that we gave city manager direction to bring

1130
02:09:37,078 --> 02:09:37,078
that back. Yeah. So now that's what I was going to say. If we're going to do it separately,

1131
02:09:42,515 --> 02:09:42,515
I asked that before or if we're going to actually table it and bring it back. There was no

1132
02:09:47,120 --> 02:09:47,120
such thing about actually having them all be on. That makes more sense to table it

1133
02:09:51,990 --> 02:09:51,990
and bring them all back. But is it going to be is it going to affect anything, mr. Martel,

1134
02:09:58,463 --> 02:09:58,463
you said we need to. I mean, the only thing before us today is the lease. I don't know that

1135
02:10:03,936 --> 02:10:03,936
we're I'm not I'm not taking any action to tell them get out. I mean, so right. So I don't

1136
02:10:08,806 --> 02:10:08,806
think it has any. Technically, the lease does not renew till the end of the year. So under

1137
02:10:13,212 --> 02:10:13,212
the under the lease agreement, they have to let us know within 120 days that they're going to

1138
02:10:18,083 --> 02:10:18,083
renew it. They did that. And so at the next and it says at the next agenda meeting, we have to

1139
02:10:23,054 --> 02:10:23,054
bring it up. But I'm letting you know that we have until the end of the year. So we have a

1140
02:10:28,727 --> 02:10:28,727
motion. So if you want to do a motion to table it to the next meeting, and mr. Martel will

1141
02:10:33,765 --> 02:10:33,765
bring back the enough time. Mr. Martel, I'll open up. Comment. Mark, I don't believe it's it's

1142
02:10:38,202 --> 02:10:38,202
not a problem for our staff. I don't know, I can't speak for main street, so I mean, I'm

1143
02:10:43,008 --> 02:10:43,008
just so I can talk to candace tomorrow, but I don't think it should be a big deal. I mean,

1144
02:10:47,812 --> 02:10:47,812
so we can have it be a date uncertain in. Right? I just bring it back and I'll plan on

1145
02:10:52,751 --> 02:10:52,751
next meeting. If it's not, I'll do the meeting after asap, but uncertain. Right. All right. So.

1146
02:10:57,155 --> 02:10:57,155
so, mayor, I'd like to make a motion that we table this item for now and that the city

1147
02:11:02,293 --> 02:11:05,196
manager bring back as soon as possible, but at a date uncertain. These multiple different items for one agenda, all agreements relating to the agreements related to main

1148
02:11:10,100 --> 02:11:10,100
street. We have a motion by the vice mayor and a second by commissioner job. Is there

1149
02:11:15,006 --> 02:11:15,006
public comment on that item? I don't think I do have public comment, mark. Thanks. Mr.

1150
02:11:22,079 --> 02:11:22,079
mayor, I just had a quick comment. I think it was the reason this this thing got

1151
02:11:27,451 --> 02:11:27,451
turned down last time. Main street's lease for them to be able to survive, they're

1152
02:11:33,391 --> 02:11:33,391
booking long term. And so if their lease expires at a date certain they can't book

1153
02:11:39,931 --> 02:11:39,931
anything beyond that. And so the concern was and the reason it wasn't put simultaneous with

1154
02:11:45,036 --> 02:11:45,036
the other leases, because the other leases can be canceled right away, is that if you did

1155
02:11:50,040 --> 02:11:50,040
that, there would be a provision in there that have to be a provision in there for

1156
02:11:54,945 --> 02:11:54,945
main street to have time to execute any of their leases or not leases, but event people

1157
02:12:01,251 --> 02:12:04,955
that have signed up for weddings and all that kind of thing. So that's the only thing I mentioned is a consideration for this right now, is you're going to have to somehow

1158
02:12:10,127 --> 02:12:10,127
dovetail their need because they won't be able to make any money. Then if they can't book

1159
02:12:15,366 --> 02:12:15,366
those, those events. We're not talking about pushing it all the way out. No, I'm just

1160
02:12:19,904 --> 02:12:19,904
saying just just so they'll be, you know, so that they're being taken into consideration

1161
02:12:23,940 --> 02:12:23,940
because I do think, you know, I think it's a good idea to look at them all at the same time.

1162
02:12:29,479 --> 02:12:33,317
it's just that main street gets if they can't book out 12 months, they've got a problem. So anyway, thank you. Thank you, commissioner reed. Yeah. So for clarification, when this does

1163
02:12:36,853 --> 02:12:36,853
come back, if we're aware of any sub leases and to who they are with when it does come back.

1164
02:12:45,796 --> 02:12:45,796
yeah. My only comment would be I would ask that the vice mayor understand the concerns of his

1165
02:12:52,302 --> 02:12:54,972
fellow commissioners, that attending the next meeting try to get questions, answers to all those questions as you understand them now. So yes. Okay. And I think to maybe try

1166
02:13:03,614 --> 02:13:03,614
to clarify what we're looking for is, is culpeper subleasing to sam yates or anyone else. So

1167
02:13:11,121 --> 02:13:11,121
not just who are we, who is main street subleasing to, but are there leases from culpeper

1168
02:13:19,063 --> 02:13:19,063
to anyone else? Yeah, yeah. So we have the full tree of potential leases as those are

1169
02:13:25,001 --> 02:13:25,001
supposed to come up contractually. And I want to throw a wrench in this, but

1170
02:13:31,107 --> 02:13:31,107
technically what mark just said to us was main street needs to know in advance because they

1171
02:13:38,215 --> 02:13:38,215
enter into multiple subleases for individual days for future terms that obligate them for

1172
02:13:47,991 --> 02:13:47,991
the space being sublet for someone's wedding for one day. Yep. So. So that's the venue is

1173
02:13:54,897 --> 02:13:54,897
what sam yates is subletting. We don't know what. Sam. Well, I mean, if he is or not, I'm

1174
02:14:01,170 --> 02:14:01,170
just pointing out, like you guys are saying, we don't know what it is, and then we're

1175
02:14:05,209 --> 02:14:05,209
characterizing that. We know what it is. We're looking for any leases or subleases that

1176
02:14:09,545 --> 02:14:09,545
are happening at flagler. Right. Okay. Okay. I have another public comment, mayor. Okay. Go

1177
02:14:17,353 --> 02:14:17,353
ahead. That was the time. Hi. So I was asked by candace to be here. Mark has a wealth of

1178
02:14:27,129 --> 02:14:27,129
knowledge and I don't discount that. However, he is not here. On behalf of stuart main street

1179
02:14:31,201 --> 02:14:31,201
today I am a board member. I am here on candace's authority and therefore any discussion about

1180
02:14:37,173 --> 02:14:37,173
sam yates being or not being on the property, frankly, is not his authority to say. With all

1181
02:14:42,311 --> 02:14:42,311
due respect, now, as far as yes, we would be more than happy to get all of the leases to where

1182
02:14:50,020 --> 02:14:50,020
they need to be so that it's the most efficient for both the board and our board to keep

1183
02:14:56,159 --> 02:14:56,159
track of them. Obviously, that makes very much a lot of sense. I'm glad that we have the lease

1184
02:15:00,896 --> 02:15:00,896
going till the end of the year, so that it doesn't impede operations immediately. I'm

1185
02:15:06,101 --> 02:15:06,101
glad that hopefully it's coming at the next meeting so that we don't have any, you know,

1186
02:15:10,807 --> 02:15:10,807
issues as far as payment of bills as far as events currently. Thank you very much.

1187
02:15:15,845 --> 02:15:15,845
as far as culpepper interpreting, to the best of my understanding, this is just me

1188
02:15:20,215 --> 02:15:20,215
as a board member. Is that culpepper interpreting is the only current tenant. Now we

1189
02:15:25,921 --> 02:15:25,921
will, of course, when candace gets back, she's in california right now. When candace gets

1190
02:15:31,193 --> 02:15:35,165
back, we will, of course, provide whatever information you'd like to have, especially because in the lease, it does require us to at least ask for some level of approval of who

1191
02:15:42,505 --> 02:15:42,505
it is we would sublet or let to. And mr. Mortele, you know, the the city manager does make a

1192
02:15:50,012 --> 02:15:50,012
good point. We are consistently letting out the space in some form or fashion. So just keep

1193
02:15:55,952 --> 02:15:55,952
that in mind. If indeed for whatever reason, I don't know, I really don't. But if sam

1194
02:16:03,058 --> 02:16:03,058
yates happens to be a part of culpepper and terpening, please be aware that we sublet to all

1195
02:16:08,029 --> 02:16:08,029
walks of life, regardless of their stance on any given topic. Thank you. More than that, it's

1196
02:16:14,303 --> 02:16:14,303
just the transparency of if he is subleasing from culpepper. That is something contractually

1197
02:16:20,209 --> 02:16:20,209
that's supposed to be disclosed. It's not an attack on him for being a bright line. I don't

1198
02:16:26,548 --> 02:16:26,548
disagree, I don't disagree, I I'm not aware, I can't confirm or deny. I know that culpepper

1199
02:16:32,522 --> 02:16:32,522
and terpening is the one that I am aware of. Well, that's what we want you to be able to

1200
02:16:36,992 --> 02:16:36,992
confirm or deny, that's all. Thank you very much. That's. That's all I got. Thank you.

1201
02:16:43,631 --> 02:16:43,631
okay. Roll call please. Okay. Mayor. Rich. Yes, commissioner. Yes, commissioner. Yes, vice

1202
02:16:51,940 --> 02:16:51,940
mayor. Collins. Yes, commissioner. Reid. Yes. Okay. Motion passes. Item number nine.

1203
02:16:57,845 --> 02:16:57,845
mr. Baggett, please. Resolution number 100 dash 2025, a resolution of the city

1204
02:17:03,217 --> 02:17:06,855
commission of the city of stuart, florida, authorizing the submission of a grant application to the florida department of law enforcement for funding under the fiscal

1205
02:17:10,992 --> 02:17:10,992
year 20 2526 drone replacement program providing for the execution of an agreement if

1206
02:17:17,432 --> 02:17:17,432
funds are available and awarded, and providing an effective date. Mr. Mortal, are you going to?

1207
02:17:25,173 --> 02:17:25,173
mr. Baggett? I'm happy to handle it. Essentially, the state of florida passed a law

1208
02:17:32,346 --> 02:17:32,346
banning the use of any particularly chinese drones, and this is a grant opportunity

1209
02:17:41,122 --> 02:17:41,122
for the police department to obtain another drone that is not a chinese drone, and it's

1210
02:17:47,195 --> 02:17:47,195
100% paid for by the state. So there's no matching funds whatsoever. It's just authority

1211
02:17:52,801 --> 02:17:52,801
to apply for the grant. And if we get awarded the grant to purchase the drone. Okay. And

1212
02:17:59,774 --> 02:17:59,774
the chief's here, if you have any questions about questions or comments, mr. Martel, if not,

1213
02:18:04,913 --> 02:18:04,913
I'll entertain a motion. Mr. Reed. Commissioner reed. Yes, this is for the chief. Are

1214
02:18:11,085 --> 02:18:11,085
these beneficial in the city historically? Have we used them? Do you have to get, like, drone

1215
02:18:16,891 --> 02:18:16,891
certified? Because I saw an article come out and I don't know if this is like a big

1216
02:18:22,196 --> 02:18:22,196
brother thing. I can see both sides. If this was in miami, like where you get a911 call

1217
02:18:27,201 --> 02:18:27,201
and this thing just autonomously flies on scene within like two minutes, they

1218
02:18:31,972 --> 02:18:31,972
were saying, and it starts filming everything going on. I know it's not to that we're not

1219
02:18:36,777 --> 02:18:36,777
doing that. I know it's not to that degree. But yes, I think what you're talking about is a

1220
02:18:41,815 --> 02:18:41,815
drone as first responder program, which I think miami has, where the drone is sent

1221
02:18:46,254 --> 02:18:46,254
out with or just ahead of the police officers, it flies on its own and gets to the scene

1222
02:18:50,858 --> 02:18:50,858
to check the scene out to see what's going on. That's not what our drone does. Although

1223
02:18:54,996 --> 02:18:54,996
if we had if I was on the radio and the drone operator happened to be sitting next to me, I

1224
02:18:59,901 --> 02:18:59,901
could say, could you, can you put the drone up to go to that robbery or, you know, whatever

1225
02:19:05,739 --> 02:19:09,276
it might be, our drones, we use them weekly, sometimes daily, depending on what's going on. Certainly for security, for any public gatherings, we have them, especially with what's going on

1226
02:19:14,114 --> 02:19:17,851
nationally. We use the drones to clear the rooftops of buildings anywhere near any crowd or the parades, things of that nature. In addition to our staffing with our officers. If

1227
02:19:23,091 --> 02:19:23,091
we're doing a search warrant at a particular location, the drone will go up in advance to

1228
02:19:27,895 --> 02:19:27,895
help for security and perimeter security. We've used it for missing folks, missing persons.

1229
02:19:33,166 --> 02:19:33,166
it does have a heat infrared, infrared so that we can help track missing missing persons.

1230
02:19:39,940 --> 02:19:39,940
and so it has about, I think, a 35 to 45 minute battery. But we have several batteries. So you

1231
02:19:46,847 --> 02:19:46,847
can drop it, put a new battery on and put it right back up. We have two of our members are

1232
02:19:51,987 --> 02:19:51,987
certified. And if we are awarded another drone, we'd look to certify additional

1233
02:19:56,222 --> 02:19:56,222
officers and make it available. It's a it's a game changer with those, you know, they have the

1234
02:20:01,064 --> 02:20:01,064
eyes above a certain incident or scenario. So it's a very big tool for law enforcement. Okay.

1235
02:20:06,867 --> 02:20:06,867
that clarifies it. So it's not something that's flying constantly or it's special

1236
02:20:11,338 --> 02:20:11,338
occasions. It sounds like yes, we have to we have to we have to have somebody fly it for us.

1237
02:20:16,910 --> 02:20:16,910
right now we don't have a drone as first responder program. If this time. And I should also

1238
02:20:21,982 --> 02:20:21,982
mention that there is a state law that prohibits us from using drones for code

1239
02:20:28,354 --> 02:20:28,354
enforcement and other purposes. Yeah. Thank you. Thank you. Mayor, if there's no further

1240
02:20:35,029 --> 02:20:35,029
discussion. Yep. I was going to make a motion on the resolution. Was it what you were going for

1241
02:20:40,935 --> 02:20:40,935
it? Ladies first. Yeah, I was just going to make a comment. I was talking to the drone guy,

1242
02:20:45,172 --> 02:20:45,172
chief. And the cost difference is remarkable. And what has appealed? If the drones could

1243
02:20:52,178 --> 02:20:52,178
be a little cheaper, what's would provide a much higher degree of safety for the

1244
02:20:57,784 --> 02:20:57,784
officers, as you know, sending these drones into dangerous situations and to check out the

1245
02:21:04,024 --> 02:21:04,024
house first. But these are what, 30,000? Mike? It's about 20. Yeah. So yeah, where the

1246
02:21:12,064 --> 02:21:12,064
chinese drones are so inexpensive, they're almost disposable. So yeah, the the

1247
02:21:18,137 --> 02:21:18,137
dji that we had before was about 3500 for the top of the line, one that we were using.

1248
02:21:24,243 --> 02:21:24,243
and it's the same drone as 20. But but I guess the law when, when when you're not paying for

1249
02:21:30,583 --> 02:21:30,583
the service you are the service. Like, you know, the I guess we're giving them the data

1250
02:21:35,988 --> 02:21:35,988
instead of money. Okay, I'll look for a motion resolution number one 100 20, 2325 2525.

1251
02:21:46,165 --> 02:21:46,165
sorry, I just lost two years. Move approval. Second, we have a motion by commissioner clarke

1252
02:21:52,004 --> 02:21:52,004
and a second by the vice mayor. Is there any public comment on this issue? I have none seeing

1253
02:21:59,444 --> 02:21:59,444
none. Any additional comments or questions from the commission? Roll call, please.

1254
02:22:06,018 --> 02:22:06,018
commissioner reed. Yes. Vice mayor collins. Yes, commissioner. Job. Yes, mayor.

1255
02:22:12,123 --> 02:22:12,123
rich. Yes. Commissioner. Clarke. Yes. Item ten. Mr. Bhagat. Resolution number 98 dash 2025,

1256
02:22:21,167 --> 02:22:24,869
a resolution of the city commission of the city of stuart, florida, to approve a major urban code conditional use exception to glenn and kimberly gordon with gordon

1257
02:22:30,209 --> 02:22:30,209
enterprises. Stuart, llc, also known as the spice and tea exchange tenant at 39 southwest

1258
02:22:38,216 --> 02:22:38,216
osceola street, to allow a formula business to be located within the formula business

1259
02:22:43,021 --> 02:22:43,021
area and to waive the required 300 foot separation between the formula business establishments,

1260
02:22:48,994 --> 02:22:48,994
providing for an effective date and for other purposes. Mayor, if I may be heard briefly,

1261
02:22:54,999 --> 02:22:58,970
certainly. I recently heard that they were requesting a continuance, so I wanted to read to you the board section 11.03 .11, titled continuances under our land development code,

1262
02:23:07,145 --> 02:23:07,145
a continuance of a quasi judicial proceeding may be requested by any party at any

1263
02:23:12,183 --> 02:23:12,183
time prior to the conclusion of the hearing. Such request may be granted by the board in the

1264
02:23:16,355 --> 02:23:20,192
interest of justice and fairness. If granted, the hearing shall be continued by the board to a specific date in time, considering the reason for the continuance. If it is

1265
02:23:25,264 --> 02:23:29,034
not reasonable to reschedule the hearing for a specific date and time, then the applicant shall be responsible to provide adequate notice of the new date pursuant to the requirements of

1266
02:23:34,539 --> 02:23:34,539
the code, so we don't have to go through the whole quasi judicial right. We do not know.

1267
02:23:38,943 --> 02:23:38,943
right. If you're if we're all agreed. Right. Yeah. Okay. You don't have to all agree. Yeah.

1268
02:23:44,916 --> 02:23:44,916
yeah. Three of you, three of us. So do we set a time certain then? Yes. I think they were

1269
02:23:50,222 --> 02:23:50,222
requesting a date. Certain. Yeah, I would move november 10th. Yes, mayor. I would move

1270
02:23:55,193 --> 02:23:55,193
that. We continue. Can we allow the vice mayor to make a motion? Mayor, I would move that. We

1271
02:23:59,463 --> 02:23:59,463
continue item ten until november 10th. Second, we have a motion by the vice mayor and

1272
02:24:03,968 --> 02:24:03,968
a second by commissioner clark to move item ten to the november 10th agenda. Can we

1273
02:24:14,744 --> 02:24:14,744
request that they make an effort to talk to each of the commissioners before the

1274
02:24:19,817 --> 02:24:19,817
november 10th meeting? I'm sure they'll I've done that already. Probably. No. That's okay. Do

1275
02:24:27,190 --> 02:24:27,190
we need to take public comment on this? I don't believe so. Do we have none? What? Okay. Roll

1276
02:24:32,730 --> 02:24:32,730
call. Commissioner read. I'm sorry. Loughlin. What public comment? Will loughlin I do

1277
02:24:38,903 --> 02:24:38,903
have one. I'm sorry. Okay. Sorry. It was present at the meeting. You got three minutes.

1278
02:24:46,144 --> 02:24:49,814
you got three minutes. Briefly. Since this is going to be continued on, it looks like. But I was on the crb. I was one of the members that voted yes to approve this. After I came

1279
02:24:55,720 --> 02:24:55,720
in. I drove in that day thinking that, no, I'm not going to do it because I don't

1280
02:25:00,024 --> 02:25:00,024
want a big business coming in here and potentially squeezing out small business. But what I

1281
02:25:04,763 --> 02:25:04,763
discovered, I kept an open mind. What I discovered is the individuals involved see

1282
02:25:09,066 --> 02:25:09,066
themselves as small business owners. They run and operate a niche business which does not

1283
02:25:15,073 --> 02:25:15,073
compete with anybody else. We had a member of the business community here who was against

1284
02:25:20,111 --> 02:25:20,111
them, or at least not really against them, but concerned about that competition. They

1285
02:25:25,249 --> 02:25:25,249
don't have competition. They would contribute to this. Another concern was they would

1286
02:25:30,153 --> 02:25:30,153
get in a big advantage of having this corporate entity helping them along. I spoke to

1287
02:25:38,728 --> 02:25:38,728
the corporate entity they do not have. In fact, they basically have to give up a

1288
02:25:43,333 --> 02:25:47,006
brand new car just for the privilege of coming in here. In addition, they have several hundred thousand dollars of expenses to come in here. So this is not a big advantage

1289
02:25:51,142 --> 02:25:54,911
they have for them. This niche business basically caters to the top 10% income earners. Their margins are extremely high. So I do not see this as a potentially negative thing.

1290
02:26:01,952 --> 02:26:01,952
also, I see a lot of potential positives. They are potential mentors. Once you see the

1291
02:26:09,960 --> 02:26:09,960
gordons and how they operate, you can tell very quickly that they are good people and they

1292
02:26:15,932 --> 02:26:15,932
want to hire a local person to act as their manager. This manager, whoever that lucky

1293
02:26:20,738 --> 02:26:20,738
individual will be, if approved, will learn how to run a small business. They've been in

1294
02:26:26,210 --> 02:26:26,210
business for 12 years. This will be their fourth operation. When I spoke to corporate, they

1295
02:26:31,047 --> 02:26:31,047
knew exactly who these people were and they said glowing things about them. And again.

1296
02:26:37,220 --> 02:26:37,220
you know, they also the corporate also identified that they had they could carry up to

1297
02:26:43,460 --> 02:26:43,460
three local skus. That would mean that potentially if you had, like the martin county

1298
02:26:48,064 --> 02:26:48,064
honeycomb co-op wanted to run their honey through their operation, they could. So

1299
02:26:52,802 --> 02:26:52,802
there's opportunities for other small businesses in the area to maybe segue into this and

1300
02:26:57,140 --> 02:26:57,140
venture on. So this is a, you know, even though this code like going back to how did the

1301
02:27:03,413 --> 02:27:03,413
rockefellers and the carnegies become these super tycoons, these monopolists? Well, they

1302
02:27:09,184 --> 02:27:09,184
couldn't do it in the 1890s. They couldn't do it. But the early 1910, 1912, they figured

1303
02:27:15,191 --> 02:27:15,191
out, hey, let's get congress to pass laws and regulations. That's going to make it very

1304
02:27:21,832 --> 02:27:21,832
cost inhibitive for competition. Remember, rockefeller said competition is a sin. Once they

1305
02:27:28,204 --> 02:27:28,204
were able to get the congress critters to do that and the regulations were in place,

1306
02:27:33,376 --> 02:27:33,376
that's when they got their monopolies. So the code in theory, is to protect against

1307
02:27:39,982 --> 02:27:39,982
big business. And I like this code here, but I also like how whoever came up with this code,

1308
02:27:47,323 --> 02:27:47,323
I think was a genius. They created the options where small businesses can be allowed if

1309
02:27:52,929 --> 02:27:52,929
they meet certain requirements. They're not competitive, they are going to contribute. So I

1310
02:27:57,933 --> 02:27:57,933
just wanted to state and I see they're not here. But when they do arrive, I think you're going

1311
02:28:03,639 --> 02:28:03,639
to like what you see. So thank you, thank you, thank you. Any other comments? Commissioner

1312
02:28:08,777 --> 02:28:08,777
reed? Did you have a comment or question? Yes. I was actually looking forward to them coming

1313
02:28:14,116 --> 02:28:14,116
tonight for some good discussion from my fellow board members. But what I wanted to

1314
02:28:18,121 --> 02:28:18,121
put into the record was miss gordon emailed me last thursday at 1:55 p.m. And I won't bore

1315
02:28:25,128 --> 02:28:25,128
you with the whole email, but at the end of it it says, p.s. Well, I want to apologize first.

1316
02:28:31,366 --> 02:28:31,366
I haven't called them back yet. I've been very busy this week, she says. P.s. I tried giving

1317
02:28:37,139 --> 02:28:37,139
you a call today but wasn't able to reach your voicemail. I just wanted to say thank you

1318
02:28:42,078 --> 02:28:42,078
again for your time and consideration. It really meant a lot to me as you are the only

1319
02:28:47,850 --> 02:28:47,850
board member I've had the chance to speak with. I truly appreciate that you took the

1320
02:28:52,487 --> 02:28:52,487
time to listen. Wishing you a wonderful weekend. So thank you. I will call you back. By the

1321
02:28:59,095 --> 02:28:59,095
way, any other comments or questions? I do have one. Marcella gambler. Miss gambler.

1322
02:29:05,934 --> 02:29:05,934
good evening. Marcella. Gambler. Marcella gambler and associates. My firm was helping the gordons

1323
02:29:13,909 --> 02:29:13,909
navigate the regulatory process. This is something they the application that they started

1324
02:29:19,080 --> 02:29:19,080
themselves. But then it became a major code conditional use. It wasn't just opening a store.

1325
02:29:25,788 --> 02:29:25,788
they're not here, I am here. They mistakenly understood that. Just requesting this last week

1326
02:29:32,027 --> 02:29:32,027
to staff meant it was automatically moved. Part of the reason for moving this is I

1327
02:29:42,337 --> 02:29:42,337
think you're going to see overwhelming support from the downtown businesses. Not not

1328
02:29:48,109 --> 02:29:48,109
many of them could be here that night. But I think when you hear from them, as the board

1329
02:29:54,917 --> 02:29:54,917
member said, you will be very impressed with their business. So thank you for moving this to

1330
02:30:01,122 --> 02:30:01,122
the november meeting. I'd just like to remind you, this is a motion. We are not debating the

1331
02:30:08,329 --> 02:30:08,329
merits of this application. We are only it is only a motion to move it forward in time. So if

1332
02:30:16,270 --> 02:30:16,270
you really want to address that issue, mr. Brecksville. Welcome. The only thing I would ask is

1333
02:30:23,144 --> 02:30:23,144
that the the crb did review this. They reviewed it very, very well and we had people and

1334
02:30:29,050 --> 02:30:29,050
they worked really hard on it. Will made some great points, others made some great points.

1335
02:30:33,820 --> 02:30:33,820
so all I'd ask is that you guys, maybe if you get an opportunityt that level, because right now

1336
02:30:43,173 --> 02:30:43,173
they're I think they did a really good job of of evaluating it. And it's a tough

1337
02:30:48,078 --> 02:30:48,078
issue. And part of the reason it's a tough issue is because this formula business code is

1338
02:30:53,248 --> 02:30:53,248
not really clear as it relates to number one on the code. And so that's why I'm asking you to

1339
02:30:59,990 --> 02:30:59,990
take when you're taking a look at this, take a look at whether or not this code will function

1340
02:31:05,394 --> 02:31:05,394
the way it's written. Considering that we haven't had anybody denied in ten years. So

1341
02:31:11,233 --> 02:31:11,233
now if I'm if I'm a franchise that comes in with, you know, 98 franchises around the united

1342
02:31:17,104 --> 02:31:17,104
states, and I have 5 or 6, is that is that how do you deny them when you've approved

1343
02:31:26,147 --> 02:31:26,147
everybody else? So all I'm asking is take a look at what crb did and and also take a

1344
02:31:31,251 --> 02:31:31,251
look at that language in that formula, business language to see if, if it's even defensible

1345
02:31:37,225 --> 02:31:37,225
going forward. Okay. Thank you. Any others madam clerk roll call please then. Mayor rich.

1346
02:31:46,100 --> 02:31:46,100
yes, commissioner. Reed. Yes, vice mayor. Collins. Yes, commissioner. Selby. Yes,

1347
02:31:51,206 --> 02:31:51,206
commissioner. Clerk. Yes. Motion passes. Item 11, please. Mr. Baggett, for resolution

1348
02:31:57,378 --> 02:31:57,378
number 104 2025, a resolution of the city commission of the city of stuart, florida,

1349
02:32:02,984 --> 02:32:02,984
authorizing the execution of an amendment to lease with tenants at 301 south east ocean

1350
02:32:08,089 --> 02:32:08,089
boulevard to allow for the termination of lease in in the year 2028, and to allow staff

1351
02:32:14,228 --> 02:32:14,228
to relocate in accordance with prior commission action, providing for an effective date

1352
02:32:18,399 --> 02:32:18,399
and for other purposes. Mr. Martell, I believe this is you. Yes. As you are aware, I

1353
02:32:24,305 --> 02:32:24,305
originally brought this to the attention of the commission at a hearing to get authorization

1354
02:32:29,977 --> 02:32:29,977
to even begin the discussions with these two tenants so that we could relocate to the place.

1355
02:32:35,116 --> 02:32:35,116
I then thought that I had both tenants signatures in place and put it on the agenda, and only

1356
02:32:42,356 --> 02:32:42,356
one of them got the lease back to me in time. So we heard the bowman lease, and that was

1357
02:32:49,096 --> 02:32:49,096
executed. And then following the bowman lease, I received the signature from the florida

1358
02:32:55,269 --> 02:32:55,269
cancer specialists. And that is attached as well. It happens to be their fourth amendment. I

1359
02:33:02,042 --> 02:33:02,042
don't know what the other amendments were, but the terms of the lease are remaining the

1360
02:33:06,247 --> 02:33:06,247
same. Their rent is listed there, and essentially the purpose for this lease is that

1361
02:33:12,252 --> 02:33:12,252
they actually had another option. On top of this option, they've forgone any future

1362
02:33:17,257 --> 02:33:17,257
options and have agreed to be out in the end of february of 2028, which is the exact same

1363
02:33:24,198 --> 02:33:24,198
time as bowman's. And that way we can start making plans. Are there any questions of mr.

1364
02:33:30,370 --> 02:33:30,370
martell? Entertain a motion then. Mayor, I'd like to move resolution number 104 2025.

1365
02:33:37,778 --> 02:33:37,778
I'll second that. We have a motion by the vice mayor and a second by commissioner job. Is

1366
02:33:44,550 --> 02:33:44,550
there any public comment on this item? I have none. Any questions, additional questions

1367
02:33:49,489 --> 02:33:49,489
or comments from the commissioners? Seeing none. Roll call please. Commissioner.

1368
02:33:55,295 --> 02:33:55,295
clerk. Yes. Commissioner. Reed. Yes. Vice mayor. Collins. Yes, mayor. Rich. Yes, commissioner.

1369
02:34:00,200 --> 02:34:00,200
job. Yes. And finally, dad of the city manager's employment contract. As you requested this

1370
02:34:08,375 --> 02:34:08,375
item be put on the agenda. Commissioner. Read. I'll allow you to start it off. All right.

1371
02:34:15,415 --> 02:34:15,415
so what I'm asking for from the board tonight, first I want to say I totally respect you, mike,

1372
02:34:22,155 --> 02:34:22,155
for what you've done for the city and what you do for the city. You've been here a long

1373
02:34:27,026 --> 02:34:27,026
time. I wasn't here as a board member. I've been here for a year, so I wasn't a part of the

1374
02:34:33,600 --> 02:34:33,600
hiring process for your position. But what I'd like to ask for publicly is for your

1375
02:34:41,008 --> 02:34:41,008
resignation. And for us to go look for a new city manager so I can be a part of that new

1376
02:34:48,214 --> 02:34:48,214
process moving forward. So I'm going to make a motion tonight to place joe lee as acting city

1377
02:34:56,489 --> 02:34:56,489
manager until we can find a replacement. And I want to do everything publicly so I can

1378
02:35:03,463 --> 02:35:03,463
get my fellow board members input as well. Because, like I said, I was not here for that.

1379
02:35:09,001 --> 02:35:09,001
and that's what I have to say tonight. So are you making a motion? Yep. So my motion would

1380
02:35:15,540 --> 02:35:15,540
be to place jolie as acting city manager until we can find a replacement. And I'm also

1381
02:35:22,080 --> 02:35:22,080
asking for city manager to put in his resignation as acting city manager currently. I'll

1382
02:35:29,388 --> 02:35:29,388
second that. For purposes of discussion, we have a motion by commissioner reed, and we have

1383
02:35:36,496 --> 02:35:36,496
a second by the vice mayor. So is there any public comment on this motion? Mark breckfield,

1384
02:35:53,278 --> 02:35:53,278
406 southeast finney drive, stuart, florida, 34996. You know, I think with any city

1385
02:36:00,956 --> 02:36:00,956
manager, they're in a tough spot and they have to make tough decisions. And so you're

1386
02:36:05,157 --> 02:36:05,157
not going to agree with all of them. But and I would say that's true with mike in terms

1387
02:36:10,228 --> 02:36:10,228
of some of the things I've had I don't agree with this answers all the time, but I think we're

1388
02:36:15,434 --> 02:36:15,434
lucky to have somebody like him. He's an attorney. He's got experience as a city manager.

1389
02:36:22,274 --> 02:36:22,274
he's previously been an elected commissioner, so he understands the pressure you guys are under.

1390
02:36:27,012 --> 02:36:27,012
and I just think that to go through that whole process again, I understand that you

1391
02:36:33,719 --> 02:36:36,922
weren't here, sean, and I appreciate that some others weren't here. But there's a lot of things that happened in stuart before commissioner becomes a commissioner. And I

1392
02:36:40,158 --> 02:36:40,158
don't think we make a change afterwards just because we weren't there or we want to vet

1393
02:36:46,666 --> 02:36:46,666
it again. I mean, if there are specific issues, mike should be given the opportunity to

1394
02:36:52,037 --> 02:36:52,037
address those in any personnel situation and, and, and have some comment relative to what

1395
02:36:58,609 --> 02:36:58,609
what the situation was and be be told. The last thing I'll say is that if we lose mike,

1396
02:37:04,949 --> 02:37:04,949
I'm not so sure you're going to find for that cost an attorney, a previous elected official and

1397
02:37:11,089 --> 02:37:11,089
a city manager who has that kind of experience and is able to help us get through this,

1398
02:37:17,395 --> 02:37:21,333
through budgets and through everything else. So I'm not saying that for any other reason other than I think that this is a premature motion in that I think that first, the

1399
02:37:28,072 --> 02:37:28,072
council should put a group together to meet with him and find out what your issues are

1400
02:37:35,280 --> 02:37:35,280
and have some. And I think you even mentioned that, sean, it was a good point. Everybody's

1401
02:37:39,884 --> 02:37:39,884
entitled to a performance review, right? And he's never had one. So I don't think it's

1402
02:37:44,222 --> 02:37:44,222
fair to lay a person off before they've had that performance review. That's all I'm saying.

1403
02:37:52,496 --> 02:37:52,496
I have robin cartwright. Good evening commissioners. I could make this very personal, but I

1404
02:38:04,008 --> 02:38:04,008
will not. I will keep it focused strictly on issues with the contract that I've looked

1405
02:38:08,712 --> 02:38:08,712
over extensively. So I won't discuss how I have been personally disparaged or

1406
02:38:12,983 --> 02:38:16,387
misrepresented, and then followed up with an email saying that that wasn't my intention. I won't discuss the comments where he has called people unfortunate names like a

1407
02:38:20,425 --> 02:38:20,425
fake news reporter. I won't discuss how he has kept city staff and employees for the

1408
02:38:28,066 --> 02:38:32,036
purposes of their divorces, private mortgages and traffic citations, including a former city commissioner. I won't discuss how he's had access to discovery that nobody would

1409
02:38:36,273 --> 02:38:36,273
have had access to otherwise, that he shared with two individuals, so somebody could

1410
02:38:40,710 --> 02:38:40,710
be personally sued that he marked up, that he said he got as a public records request. So

1411
02:38:46,117 --> 02:38:46,117
what I will share with you are the fact that he is using city resources for his personal

1412
02:38:51,288 --> 02:38:51,288
clients. This is happening during the work day, during work hours. So is he billing

1413
02:38:57,261 --> 02:38:57,261
simultaneously while he's being paid a salary by tax dollars? Is he using a city computer for

1414
02:39:02,466 --> 02:39:06,369
the purposes of conducting personal business? He is definitely using city email because you can find that in the clerk of court records, not just in martin county, but in

1415
02:39:10,808 --> 02:39:10,808
broward, indian river in saint lucie county. He's also using the city paralegal as his

1416
02:39:15,946 --> 02:39:15,946
personal paralegal. So is he also using miss cavos resources while she's being paid by city

1417
02:39:21,053 --> 02:39:21,053
tax dollars to benefit his personal law business? So again, this is a concern because if we

1418
02:39:28,892 --> 02:39:28,892
have somebody who's entrusted with public information and public access and public

1419
02:39:33,196 --> 02:39:33,196
records, are they using what they have access to in a way that is beneficial for the

1420
02:39:38,702 --> 02:39:38,702
taxpayers for whom they are supposed to work? Thank you. I have olga hamilton. On one

1421
02:39:54,918 --> 02:39:54,918
southwest street, hamilton. It's you know, I, I grew up during the soviet times,

1422
02:40:03,726 --> 02:40:03,726
communist party regime and a lot of bureaucracy, a lot of corruption, backroom deals, low

1423
02:40:15,438 --> 02:40:15,438
lying. That's how I grew up. I smell it miles away when it happens. When the ussr

1424
02:40:22,979 --> 02:40:22,979
collapsed and after graduation, university, college, university, whatever it was. I was a

1425
02:40:30,053 --> 02:40:30,053
commercial director of a state theater, state theater with 100 employees, 40 actors, each of

1426
02:40:36,893 --> 02:40:36,893
them a hollywood star. And. 5060 employees. And I was responsible for bringing money.

1427
02:40:47,337 --> 02:40:47,337
but I was also under that cap of the state. When the state dictates you what to do. It's

1428
02:40:58,148 --> 02:40:58,148
it's a scary, scary stuff. It should be scary stuff for commissioners when the

1429
02:41:03,252 --> 02:41:03,252
commissioners are getting threatened if they don't do or say something or they cannot

1430
02:41:08,192 --> 02:41:08,192
communicate with their constituents, they are getting threatened. It's it's very

1431
02:41:13,963 --> 02:41:13,963
scary stuff, but it's also kind of very disappointing stuff for me to to to be here. And, you

1432
02:41:24,307 --> 02:41:24,307
know, yes, freedom of speech and everything. But when a city official on leader position

1433
02:41:34,817 --> 02:41:34,817
just brazenly giving false information to the commissioners, brazenly that

1434
02:41:43,626 --> 02:41:43,626
that's not good when he writes you one thing, another thing, things to us on our project

1435
02:41:52,635 --> 02:41:52,635
when right out of bed, when city commissioner, when he was city attorney and he knew about

1436
02:42:00,442 --> 02:42:00,442
doe agreement on sub grant and how the city was responsible for supervising not only

1437
02:42:07,984 --> 02:42:07,984
contractors but also consultants, the city hires. But from the first day when

1438
02:42:15,190 --> 02:42:15,190
city manager, who is also the office of court right here on the dais saying city is not

1439
02:42:24,133 --> 02:42:24,133
responsible for supervising the project, right in the contradiction to the agreement

1440
02:42:28,870 --> 02:42:28,870
that the false information to the commissioners. I understand you commissioners have a lot of

1441
02:42:35,009 --> 02:42:35,009
things to do. And when I write, this is as you say, my goodness. She wrote again, four pages

1442
02:42:42,250 --> 02:42:42,250
diatribe. But I write it to protect ourselves. And by the way, to protect you too, when I

1443
02:42:51,326 --> 02:42:51,326
have to put all together to address every fact. Every fact, where was false information

1444
02:43:00,269 --> 02:43:00,269
given. So please read it, read the documents, and I address all the documents over 200

1445
02:43:08,844 --> 02:43:08,844
emails and more will come. Not to you, but probably the petition to appropriate

1446
02:43:16,417 --> 02:43:16,417
agencies as well, because it's not good when the city officials, when the government

1447
02:43:22,557 --> 02:43:22,557
officials just giving false information. Next I have robert hamilton. Robert hamilton, 1895,

1448
02:43:39,874 --> 02:43:39,874
church of stewart, third street. I just want to talk to you about operating outside the

1449
02:43:44,612 --> 02:43:44,612
purview and the scope of your job description. That's what I contribute to this. What

1450
02:43:51,085 --> 02:43:51,085
happened here? The city manager operate outside his scope, damaged us, hurt us, accused us

1451
02:43:58,326 --> 02:43:58,326
of crimes. The chiefs here. If I threaten somebody, come arrest me right now. Never

1452
02:44:04,999 --> 02:44:04,999
threatened anyone of you. People here never participated in bid rigging like I was

1453
02:44:09,103 --> 02:44:09,103
accused of. Didn't do that again. Operating outside the purview. We have a cancer in

1454
02:44:16,679 --> 02:44:16,679
the community. You need to remove the cancer. We need to move on. One thing I will say,

1455
02:44:22,350 --> 02:44:22,350
he's smart. He is smart. I listen to some of the things he does, and it's a shame he

1456
02:44:29,156 --> 02:44:29,156
didn't sit down and just talk to me, because this could have went away very quietly. I

1457
02:44:33,428 --> 02:44:33,428
wasn't asking for anything special. We would have worked it out very quietly and I would

1458
02:44:38,865 --> 02:44:38,865
have got my place fixed. But now I can't have jenkins back. I can't trust my city. My city

1459
02:44:44,375 --> 02:44:44,375
is out to get me. I mean, I have to think with that mentality. None of us in this

1460
02:44:51,178 --> 02:44:51,178
room, nobody should think that. Remember I told you almost a year ago, our ships are going

1461
02:44:56,517 --> 02:44:56,517
in the same direction. This man's in a different ship. Robin's in a different ship.

1462
02:45:01,921 --> 02:45:01,921
what's the common denominator? Why does this stuff keep happening? You negotiate when

1463
02:45:06,293 --> 02:45:06,293
you're an attorney? I spent a quarter of a century with them. You negotiate all the time.

1464
02:45:10,965 --> 02:45:10,965
there was no negotiation. You were going to beat me over the head, beat me over the head

1465
02:45:16,504 --> 02:45:16,504
into submission. I'm still standing. I'm bloodied, and I'm here. I don't mean ill will to

1466
02:45:22,875 --> 02:45:22,875
him or anybody else. Mr. Baggett, you're an attorney. I want my place fixed. I'm not

1467
02:45:28,016 --> 02:45:28,016
going to keep playing. I'm not threatening nobody. I've come to you for a reason. You know

1468
02:45:34,288 --> 02:45:34,288
the damage that was done. These people, they just do not care. And I'm sorry that we take the

1469
02:45:41,328 --> 02:45:41,328
position. We take. He has to go when you have an issue. And I was an officer with the

1470
02:45:46,966 --> 02:45:46,966
sheriff's department. Oh, buddy, you followed that chain of command. Because if not, you're

1471
02:45:51,138 --> 02:45:51,138
out that front door. And it was oil robinson. The one running out the door. Anyway, you have

1472
02:45:56,276 --> 02:45:56,276
a hard job to do tonight. We put you here to do a hard job. Do the job. Thank you. Ted

1473
02:46:03,887 --> 02:46:03,887
astolfi. Good evening. I'm a resident of city of stuart. Been here for about 40 years or

1474
02:46:16,263 --> 02:46:16,263
so. I just want to speak up on behalf of mike martel as a city manager. As a previous city

1475
02:46:22,136 --> 02:46:22,136
attorney is a former lpa member. As a former city commissioner, mike, being an attorney does

1476
02:46:29,375 --> 02:46:29,375
nothing but defend this commission and keep you all safe from the laws and

1477
02:46:35,214 --> 02:46:35,214
regulations of the state of florida and the county and the city of stuart. He he defends

1478
02:46:39,986 --> 02:46:39,986
you to the nth degree. I know people don't like him. I know they end up on the losing side

1479
02:46:47,260 --> 02:46:47,260
sometimes. That's a hard place to be. Been there. I don't like it but been there. You can't

1480
02:46:53,299 --> 02:46:53,299
blame the person that you were arguing with. They're doing what they need to do for their

1481
02:46:59,039 --> 02:46:59,039
city. I don't appreciate the ambush of an employee, any employee, in coming out and

1482
02:47:07,981 --> 02:47:11,450
saying, I want your resignation without having talked to them first and discussing your issues with them and working through those issues and giving them an opportunity. Usually

1483
02:47:15,655 --> 02:47:15,655
you have an opportunity for corrective action if there are issues. I've never heard this

1484
02:47:21,026 --> 02:47:21,026
before. I don't know if mr. Martel has had that. I don't know if that's taking place.

1485
02:47:25,264 --> 02:47:25,264
didn't seem like it when I saw the item come up, but I think it's a I've. I've been through

1486
02:47:32,038 --> 02:47:32,038
multiple selection processes for city managers and city attorneys, and I can assure you

1487
02:47:40,079 --> 02:47:40,079
that you won't find anybody better than what you have now. We've had some people here that

1488
02:47:45,719 --> 02:47:45,719
didn't last very long, for reasons I can just tell you from being here for so long and

1489
02:47:51,524 --> 02:47:51,524
being involved in government, I would be very upset as a city commissioner, as a city

1490
02:47:56,296 --> 02:47:56,296
resident, to lose mike martel, especially in this way. So thank you. Mayor matheson. You

1491
02:48:12,445 --> 02:48:12,445
know, I've haven't been involved lately with the city of stuart in the past. Did you

1492
02:48:17,083 --> 02:48:17,083
introduce yourself, please, sir. And your address? Hi, I'm merritt matheson. I live at 506

1493
02:48:24,290 --> 02:48:24,290
southwest south carolina drive, stuart, florida. You know, starting over. I haven't been

1494
02:48:31,028 --> 02:48:31,028
involved much with the city past year or so. But I've started to pay attention a

1495
02:48:36,136 --> 02:48:36,136
little bit. The past couple months, I've heard a lot of talk about transparency. I'm

1496
02:48:40,405 --> 02:48:40,405
not seeing a lick of it right now. I'm hearing some accusations. I've never seen a

1497
02:48:46,945 --> 02:48:46,945
commission so intent on finding a conspiracy or drumming up problems. I'm also looking at a

1498
02:48:58,124 --> 02:48:58,124
commission where I see one commissioner who's been part of picking a city manager. Besides

1499
02:49:07,165 --> 02:49:07,165
transferring a city attorney over. But I want you all to think about what would make the

1500
02:49:14,106 --> 02:49:14,106
right city manager. For me. It was someone that lives in the city, has their money where

1501
02:49:22,481 --> 02:49:22,481
their mouth is, has knowledge of the job of being a commissioner. Has hometown

1502
02:49:30,354 --> 02:49:30,354
roots, has knowledge of the job, of perhaps being the city attorney, and is willing to be

1503
02:49:38,129 --> 02:49:38,129
on call 24 over seven, because that's what it takes. And I'll guarantee you, any new

1504
02:49:44,571 --> 02:49:44,571
commissioner is going to look at all these meetings. And what do you think you're going to

1505
02:49:51,310 --> 02:49:51,310
get after they see all these meetings and all these accusations? And what I just

1506
02:49:56,281 --> 02:49:56,281
saw right now, if there's a reason to remove someone, lay out the facts, make this a

1507
02:50:08,261 --> 02:50:08,261
courtroom, prove your case. That's what the five year job is. Every two weeks, the city

1508
02:50:15,133 --> 02:50:15,133
attorney and city manager come for a job interview. You guys are their boss, but you get a

1509
02:50:24,142 --> 02:50:24,142
lot more done if you work with your boss. But meeting after meeting, all I'm hearing is

1510
02:50:30,882 --> 02:50:30,882
ways that you can try and prove him wrong. He works for you. Go in, sit down and talk with him

1511
02:50:39,590 --> 02:50:39,590
for an hour. Figure out something about a lease on main street. Sailor's return. Any

1512
02:50:46,866 --> 02:50:46,866
one of the city leases. That's knowledge you should have before you come to a meeting.

1513
02:50:52,370 --> 02:50:52,370
I'm sorry, but a lot of these questions I hear at these meetings, a commissioner should

1514
02:50:56,541 --> 02:50:56,541
know the answer well before they come to a meeting. Do your homework. And if you're going

1515
02:51:03,381 --> 02:51:07,251
to ask for someone's resignation, lay out the facts, because I promise you're not going to get another city manager to apply. And I've been through them. It's not easy.

1516
02:51:14,959 --> 02:51:14,959
you're going to be the ones on call for 24 hours a day if you do this, but if you do it, be

1517
02:51:24,635 --> 02:51:24,635
transparent about it. I have raj patel. I think we love him. I would just like to make a

1518
02:51:33,276 --> 02:51:33,276
point to rebut. Part of that before we go on is I actually out of respect for mike? I

1519
02:51:39,917 --> 02:51:39,917
would rather not open up everything and try to litigate his faults, because if we do

1520
02:51:49,059 --> 02:51:49,059
end up hiring another city manager, they would watch the video. And out of respect to

1521
02:51:55,232 --> 02:51:55,232
protect mike. And I'm not saying I'm planning on firing him right now, just to your

1522
02:51:59,870 --> 02:51:59,870
point, hoping it doesn't go in that direction, that we don't do that, you know, and I, I was

1523
02:52:06,343 --> 02:52:06,343
a part of the board that did hire mike and. I would rather not go that path. I hope if

1524
02:52:12,949 --> 02:52:12,949
anything, if the the intent is to hire a new city manager, that we do so respectfully and,

1525
02:52:20,390 --> 02:52:20,390
you know, not litigate him on the dais as a neighbor, as somebody else who lives in this

1526
02:52:26,395 --> 02:52:26,395
town that has been a previous city attorney and commissioner. Out of respect for mike, I

1527
02:52:34,104 --> 02:52:34,104
would rather not do what you're suggesting. Madam clerk. Raj. Patel. Patel. Hi. Raj patel, I

1528
02:52:45,048 --> 02:52:45,048
live in palm city, but I'm a steward taxpayer. For many decades, I had no intention of

1529
02:52:52,254 --> 02:52:52,254
speaking. Today. I just wanted to to see what the performance review was about. Mike wartell

1530
02:53:00,096 --> 02:53:00,096
has done no favors for me, if at all. I've asked him to help me. He's helped within his

1531
02:53:06,636 --> 02:53:06,636
capacity. He's not done any favors for me. A little surprise that instead of a

1532
02:53:14,544 --> 02:53:14,544
performance review, we're asking for resignation. It's a little disappointing.

1533
02:53:23,587 --> 02:53:23,587
considering he's got a wealth of information, and I think he does everything that the

1534
02:53:29,993 --> 02:53:29,993
commissioners asked him to do. I watch it, I watch the commission meetings from if I'm

1535
02:53:36,098 --> 02:53:36,098
overseas, I watch it. If I'm here, I watch it. The the man has a tough job to do. It's

1536
02:53:42,871 --> 02:53:42,871
very sad to see this type of thing where I had no intention to speak again, but I filled

1537
02:53:50,079 --> 02:53:50,079
out the form because commissioners are asking for his resignation. I implore you

1538
02:53:56,419 --> 02:53:56,419
to do the right thing and discuss it. Give the man a chance. Thank you. I have no

1539
02:54:05,194 --> 02:54:05,194
further comment. Okay. Comments or questions from the commissioners? Commissioner

1540
02:54:22,544 --> 02:54:22,544
reed. Yeah, I didn't want to make any of this personal, so I won't go in that direction to

1541
02:54:28,884 --> 02:54:28,884
address some of the comments, some of the stuff I didn't want in front of the public. So, you

1542
02:54:34,122 --> 02:54:34,122
know, out of respect to mike, I was just asking politely for something different and not to

1543
02:54:40,161 --> 02:54:40,161
go in that direction to bring up things or accuse or any of that narrative. So I asked for

1544
02:54:49,204 --> 02:54:49,204
it to come up as a discussion item. I've been here for a year. I respect you whether you've

1545
02:54:55,211 --> 02:54:55,211
been a prior commissioner, you're a current commissioner. I've been here for a year,

1546
02:54:59,949 --> 02:54:59,949
though, and that's my thoughts, and that's why it's on the agenda. And I made a motion

1547
02:55:06,221 --> 02:55:06,221
that was seconded for discussion purposes. But that's where I stand. Yes, mr. Vice

1548
02:55:13,061 --> 02:55:13,061
mayor. Yeah. So, so for me, I was a part of the commission that hired mike. And, you know,

1549
02:55:22,938 --> 02:55:22,938
this is this is a hard conversation to have, you know, we we hire and fire three

1550
02:55:31,179 --> 02:55:31,179
different positions. So this is probably the most important thing that we do that sets the

1551
02:55:37,586 --> 02:55:37,586
tone for the city. Mike has been invaluable for me both when I was campaigning to be

1552
02:55:45,193 --> 02:55:45,193
able to understand the issues in more detail, and every step along the way. Mike has been a

1553
02:55:52,134 --> 02:55:52,134
huge resource to to be able to understand context, past history. But and here's the but

1554
02:56:03,245 --> 02:56:03,245
is, you know, mike's mike's role that city manager job, the city attorney job and now our

1555
02:56:11,219 --> 02:56:11,219
our new newly created environmental attorney job. These all serve at the pleasure

1556
02:56:19,060 --> 02:56:19,060
of the board is is how it's characterized. Because I hired mike I can appreciate that we

1557
02:56:26,067 --> 02:56:26,067
have a very different composition of our board right now. And I can also appreciate

1558
02:56:32,240 --> 02:56:32,240
that that composition may change wildly in, you know, less than a year. So I though I

1559
02:56:43,918 --> 02:56:43,918
respect mike and who he is, who who he has been. I also can appreciate in light of this

1560
02:56:53,730 --> 02:56:53,730
role, serving at the pleasure of this commission, that if I was a new commissioner who was

1561
02:56:59,400 --> 02:56:59,400
going to be here, you know, for the next three years, that it would be very important to me,

1562
02:57:04,908 --> 02:57:04,908
you know, who sat in this seat and that I very well may also want a shot at hiring somebody

1563
02:57:12,047 --> 02:57:12,047
of my choosing. So for me, I'm open to hearing from the board. You know, I hope we all sort of

1564
02:57:20,155 --> 02:57:20,155
chime in here from commissioner job as well, what your thoughts are. But. I guess I would say

1565
02:57:30,098 --> 02:57:30,098
I'm happy to support if that's the direction that you guys want to go in. I'm happy to

1566
02:57:34,235 --> 02:57:34,235
support that. If it's not, then you know it's not. And and again, you know, I just hope

1567
02:57:44,478 --> 02:57:44,478
that and I get the sense that all comments are coming from respect. And again that, you

1568
02:57:52,086 --> 02:57:52,086
know, we don't litigate anybody on the dais if, if it is the direction that we want to go in

1569
02:57:57,958 --> 02:57:57,958
in seeking mike's resignation and looking for a new city manager. I guess my questions

1570
02:58:07,602 --> 02:58:07,602
would center around how that process would take place, because in preparation for this,

1571
02:58:15,142 --> 02:58:15,142
I. I went back and looked at dave ross and how the commission at the time handled

1572
02:58:20,648 --> 02:58:20,648
him as a city manager. And at that time they put dave on. Like a leave, some kind of

1573
02:58:32,459 --> 02:58:32,459
administrative leave. And joe lee was the acting city manager at the time. And then that gave

1574
02:58:40,167 --> 02:58:40,167
them another meeting to. I guess it's a little bit of a different situation, because

1575
02:58:46,907 --> 02:58:46,907
this was brought up at a previous meeting where that was sprung up at a meeting, but

1576
02:58:52,078 --> 02:58:52,078
there was a leave provided, you know, with joe lee present at that next meeting so everybody

1577
02:58:57,785 --> 02:58:57,785
could discuss their ideas and thoughts about next directions. So I guess my questions would

1578
02:59:03,424 --> 02:59:03,424
center around, if it is the pleasure of the board to hire a new city manager, would the

1579
02:59:09,096 --> 02:59:09,096
best path forward? If that's our will, would that be to put mike on leave? And, you know,

1580
02:59:18,071 --> 02:59:18,071
fire him tonight, ask for his resignation. You know what? What kind of our thoughts are

1581
02:59:22,942 --> 02:59:22,942
collectively on that? If I can briefly respond as it relates to the dave ross, there was

1582
02:59:30,516 --> 02:59:34,454
actually some communication beforehand as it relates to what happened tonight. The reason it was on dad was because commissioner reed city wanted to review my contract

1583
02:59:40,028 --> 02:59:40,028
the next day when he met with the city attorney, he said that it was some of the terms or

1584
02:59:47,900 --> 02:59:47,900
conditions in my contract that he wanted to change, which actually would be found in the

1585
02:59:53,072 --> 02:59:53,072
charter. So we didn't put it as an agenda item because I didn't think it was an action item. If

1586
02:59:58,945 --> 02:59:58,945
you look at the code of conduct, it says when preparing for commission meetings, when

1587
03:00:05,051 --> 03:00:08,988
preparing for commission meetings, commissioners should direct questions ahead of time to the city manager so that staff can provide the desired information at the commission

1588
03:00:13,593 --> 03:00:13,593
meeting. Meeting by ambush is never acceptable. There are an infinite number of questions an

1589
03:00:19,200 --> 03:00:19,200
elected official can ask that can't be answered on the spot, and to do so may only serve to

1590
03:00:23,302 --> 03:00:23,302
make staff look ineffective. I read the article in stewart news, and commissioner reed

1591
03:00:30,643 --> 03:00:30,643
said, I'm not interested in firing the city manager. I want to talk about some other stuff.

1592
03:00:36,249 --> 03:00:36,249
and he said that he thought the best way to evaluate the city manager would be to talk to the

1593
03:00:41,453 --> 03:00:41,453
directors. I have to tell you, I, I truly am surprised at the approach we're taking tonight

1594
03:00:48,459 --> 03:00:48,459
just because I have been available and no one's called me to discuss terminating me

1595
03:00:54,166 --> 03:00:54,166
once or to tell me why they were terminating me, or to even tell me which thing I did wrong

1596
03:01:00,641 --> 03:01:00,641
in my job. So if you're inclined to go down that path, I'm obviously not going

1597
03:01:05,211 --> 03:01:05,211
anywhere. I've lived here my whole life. We've obviously, as you mentioned, been working

1598
03:01:10,283 --> 03:01:10,283
professionally for the last 2 or 3 weeks. In between those, I would ask that you direct this,

1599
03:01:14,587 --> 03:01:14,587
be put on another agenda item for a more formal proceeding so that it can actually be noticed

1600
03:01:21,260 --> 03:01:21,260
properly under the state law as it relates to due process, and notice and address it

1601
03:01:27,532 --> 03:01:27,532
accordingly. Because there were people that asked me if they should come to tonight's

1602
03:01:32,171 --> 03:01:32,171
meeting and I honestly told them no, I said I read commissioner reed's comments in

1603
03:01:36,507 --> 03:01:40,313
the paper. I don't believe that's what they're bringing up tonight. I think if they're going to, they'll bring that up for another meeting. And if that's the case, then that's

1604
03:01:44,283 --> 03:01:44,283
your guys's prerogative. I don't disagree with that, but I had no idea it was coming. And

1605
03:01:49,288 --> 03:01:49,288
I, you know, nor did I. Commissioner clark. Yes. Thank you. Thank you, mr. Marshall.

1606
03:01:58,029 --> 03:01:58,029
thank you. Mr. Commissioner reed, for bringing this up. So when commissioner reed said

1607
03:02:09,341 --> 03:02:09,341
something last week or the last meeting I thought that he just wanted, I was surprised why he

1608
03:02:15,147 --> 03:02:15,147
had to bring it up in the commission. I didn't realize that this. There was something

1609
03:02:19,218 --> 03:02:19,218
more behind it. I thought he just wanted to get a detailed copy of the contract, and I

1610
03:02:26,257 --> 03:02:26,257
thought I said, I haven't a problem. I don't have any problem with that. And that's

1611
03:02:30,497 --> 03:02:34,333
probably why nothing specific is on here other than a discussion and deliberation. And I know that we have the will, as the commission, to deal with the employment

1612
03:02:41,639 --> 03:02:41,639
contract termination or whatever we whatever stage we want to put that his ability to

1613
03:02:47,211 --> 03:02:47,211
serve us in. But I am I mean, I, I prepared in that I, I, I realized that I, I looked at

1614
03:02:59,257 --> 03:02:59,257
his contract. I didn't specifically go through and see anything that he wasn't or

1615
03:03:05,129 --> 03:03:05,129
wasn't doing. But I've heard all the things that have come before us. This one instance is

1616
03:03:11,269 --> 03:03:11,269
not the rest of his whole service to the city and to the employees. And. I just, I just

1617
03:03:21,979 --> 03:03:21,979
think that we need to to pull back and think about this. We're at the end of the year.

1618
03:03:30,121 --> 03:03:30,121
we're starting a new budget. Even though we're at the end of the year. We're, we're we're

1619
03:03:35,059 --> 03:03:35,059
starting. We just started a new budget. If you if we even if whether or not mike stays on,

1620
03:03:41,866 --> 03:03:41,866
we're talking anywhere upwards of probably 275,000 or more, plus other benefits and other

1621
03:03:50,274 --> 03:03:50,274
things for a new person, plus, the hiring process alone is probably going to bring us into

1622
03:03:58,019 --> 03:03:58,019
some serious money to to try to get somebody from other places. This tactic and this way of

1623
03:04:05,489 --> 03:04:05,489
dealing with things in the in the spirit of transparency, I don't know, I'm just I'm very,

1624
03:04:15,365 --> 03:04:15,365
I, I'm just very it's I think the, the word if you could read that I don't I'm not going to

1625
03:04:24,107 --> 03:04:24,107
read that conduct code of conduct again. But that ambush, that ambush. Yes. It's just

1626
03:04:29,113 --> 03:04:29,113
very, very, very, very striking to me and I, I just I just think that we need to cool off

1627
03:04:40,191 --> 03:04:40,191
and think about this and, and try to figure out how we can best manage our city. And I and

1628
03:04:47,097 --> 03:04:47,097
I know that you're saying, well, that's because you, you we we might need somebody else to

1629
03:04:52,237 --> 03:04:52,237
manage the city. But I think that if we can work with the person and the resources that

1630
03:04:58,043 --> 03:04:58,043
we have. I, I just, I, I would, I would not be in favor of any type of termination of mr.

1631
03:05:09,519 --> 03:05:09,519
mortal in this manner and especially at this time, just just for clarification, what

1632
03:05:18,061 --> 03:05:18,061
what is other than us discussing his working for us or not? What more would the

1633
03:05:28,338 --> 03:05:28,338
pleasure of the board signify? We we cannot meet outside of these meetings to discuss it.

1634
03:05:35,478 --> 03:05:35,478
so. Right. So it would be, it would be bringing it. So I don't know, I feel like I feel

1635
03:05:41,752 --> 03:05:41,752
like we're characterizing it a little bit as. Not being open, but we're trying to talk about

1636
03:05:49,992 --> 03:05:49,992
it now. That's what we're. Yeah. We have to weigh the pros and cons of of benefit to our city

1637
03:05:59,736 --> 03:05:59,736
in the in at this point in time. I mean he has specific responsibility is the

1638
03:06:06,342 --> 03:06:06,342
implication that he has failed to fulfill some of these responsibilities. And section

1639
03:06:12,849 --> 03:06:12,849
3.05, you know, I we just got to stop worrying about sparing his feelings. We're taking his

1640
03:06:18,388 --> 03:06:18,388
job away from him. So again, we need we need to know how he has failed. If he has failed,

1641
03:06:25,961 --> 03:06:25,961
there's actually a center city manager evaluation form. I haven't taken the time to do

1642
03:06:32,167 --> 03:06:32,167
that. I haven't spoken to a single department head. There are 11 different departments in

1643
03:06:37,140 --> 03:06:37,140
the city. I sure as heck am going to talk to each one of them and ask how they would

1644
03:06:42,912 --> 03:06:42,912
evaluate mr. Mortals. If, I mean if he's failed, do you think that that a through l

1645
03:06:52,387 --> 03:06:52,387
appropriate to do in the two weeks that this time this has been agendized that we would be

1646
03:06:57,459 --> 03:06:57,459
discussing his his contract if that was the case. He's certainly entitled to due

1647
03:07:04,066 --> 03:07:04,066
process, a more reasonable process, you're asking none of us did you know that he was

1648
03:07:12,007 --> 03:07:12,007
going to. Commissioner reed was going to suggest, I mean, if in fact, he said the opposite. If

1649
03:07:16,278 --> 03:07:20,083
you bring up discussion and deliberation of the city manager's employment contract, my assumption is that there might be some thought about hiring a new city manager. He

1650
03:07:25,354 --> 03:07:25,354
said the opposite. He in fact said the opposite. That would be my assumption if we're going

1651
03:07:30,225 --> 03:07:34,130
to discuss it. Okay. But so that's when I would use that due diligence and assume all I have to do is read the newspaper and said he wasn't going to. Maybe we shouldn't go

1652
03:07:39,001 --> 03:07:39,001
with what the newspaper says, and we should just assume our due diligence on our own. I

1653
03:07:43,539 --> 03:07:43,539
don't, I don't, I don't. Has he failed commissioner reed? Has he failed to perform any of the

1654
03:07:50,913 --> 03:07:50,913
specific duties outlined in section three point a through l? Yes, yes. So, commissioner job.

1655
03:07:57,420 --> 03:07:57,420
yeah. I didn't read the news article, but I was asked that specific question by keith and

1656
03:08:03,291 --> 03:08:03,291
I said I wasn't going to discuss anything else on the phone. I said, you can come to

1657
03:08:07,329 --> 03:08:07,329
the meeting, by the way. So I don't know what the news article said on that. And I

1658
03:08:12,968 --> 03:08:12,968
didn't want to get into the weeds of specific examples. Commissioner, commissioner gmb,

1659
03:08:19,610 --> 03:08:19,610
for respect to mike. Okay. That's why I didn't want to do. You can just bump me,

1660
03:08:25,480 --> 03:08:28,383
commissioner clark. Commissioner grove, I will agree with the people who've spoken for mr. Mortel. He is he has a plethora of knowledge. He's been a city manager. He's

1661
03:08:36,958 --> 03:08:36,958
been a city commissioner, he's been a city attorney. He's now been city manager, and he has

1662
03:08:42,130 --> 03:08:42,130
done his job well. And if you speak to all of his directors or the employees, I'm sure that

1663
03:08:47,802 --> 03:08:47,802
he runs those departments magnificently and that they all love him. I'm a new

1664
03:08:53,241 --> 03:08:53,241
commissioner and I don't want to go into the weeds, but from day one, there was a level of

1665
03:08:58,182 --> 03:08:58,182
what I could say that misrepresentation and trust. So for me, that's an issue. And I

1666
03:09:03,018 --> 03:09:03,018
don't really want to go further than that. But that's basically part of my agenda. And as to

1667
03:09:10,124 --> 03:09:10,124
his knowledge and all that he's done for the city, hands down, he's knowledgeable to to anyone

1668
03:09:16,197 --> 03:09:16,197
in this room. I mean, really, he has done, in that sense, a fantastic job. He knows the

1669
03:09:22,036 --> 03:09:22,036
city, he's lived here, he's been a resident, and we're just talking about you have to be

1670
03:09:27,241 --> 03:09:27,241
able as a commissioner, whether you're new or older, commissioner, you have to be

1671
03:09:31,245 --> 03:09:31,245
able to trust the information you're given. We cannot really I do investigate a lot, but we

1672
03:09:38,319 --> 03:09:38,319
cannot. We have to rely on someone to let us know this is the way to go. And I don't

1673
03:09:44,324 --> 03:09:44,324
always feel that that it was. I feel that sometimes it was misrepresented. And my vote was

1674
03:09:49,331 --> 03:09:49,331
then based on that. And I, you know, for that reason alone. Thank you. And you're not

1675
03:09:56,303 --> 03:09:56,303
willing to provide specific examples of that misrepresentation. Again, I

1676
03:10:00,709 --> 03:10:00,709
think as the vice mayor said, I don't think that we want this to become a court where all of

1677
03:10:05,979 --> 03:10:05,979
the things that we it shouldn't be out in the public. I'm sorry. This might be one of those

1678
03:10:10,217 --> 03:10:14,159
reasons, one of those occasions, you don't want it to be transparent. And that's all the more reason that I would request that you schedule it for another hearing. So I'd

1679
03:10:18,359 --> 03:10:18,359
have an opportunity to sit down with each of you and individually hear what it is

1680
03:10:22,530 --> 03:10:22,530
you think. Because I also believe that if in fact, we were sitting down, there might

1681
03:10:27,402 --> 03:10:27,402
be a misunderstanding between us. And I don't know exactly what you're referring to, but I

1682
03:10:31,973 --> 03:10:31,973
also know that there were public comments earlier tonight about thing that paul nicoletti

1683
03:10:39,379 --> 03:10:39,379
was trying to get at somebody that revealed information to tom company, and I know the

1684
03:10:48,156 --> 03:10:48,156
whole story of that, and I know it wasn't me, but I know that the inference has been that it

1685
03:10:53,028 --> 03:10:53,028
was me, and I actually have addressed it on multiple occasions. And I again, if I

1686
03:11:00,333 --> 03:11:04,237
were sitting with you privately, I don't want to air the information about it right now, but I think I could explain to you exactly what happened. You would understand that it wasn't

1687
03:11:08,642 --> 03:11:12,279
me, and it would be very clear that it wasn't me, because it wasn't actually, to be perfectly honest. Right. My conversation here on the dais and what I've just said has

1688
03:11:16,385 --> 03:11:16,385
absolutely nothing to do with mr. Penny. He's like the last thing on my mind and anything

1689
03:11:21,788 --> 03:11:21,788
he says, I really don't, I don't adhere to, I don't I was, I was just using that as an

1690
03:11:26,326 --> 03:11:30,297
example. The same for, for attorney nicoletti. He, he's been an attorney here. He's been filling in and whatnot. It has nothing to do with them, honestly. I just think the

1691
03:11:38,039 --> 03:11:38,039
morale of the city employees, the. We have to consider a lot when we make these statements

1692
03:11:47,247 --> 03:11:47,247
and, and do these things. And I just wish that. My fellow commissioners would think about

1693
03:11:57,892 --> 03:11:57,892
that and think about the city as a whole and the direction of the city and the morale of our

1694
03:12:06,766 --> 03:12:06,766
employees. And I think somebody said, if somebody comes in the future, the city of stuart was

1695
03:12:15,141 --> 03:12:15,141
not like this. And I think there'll be people who will say, I'll never apply for a job in

1696
03:12:21,714 --> 03:12:21,714
that place. But maybe there will be. I think there's two issues. I think there's what

1697
03:12:29,155 --> 03:12:29,155
mike is doing. But mr. Martell is due as an employee, as due process, as as a reasonable

1698
03:12:34,962 --> 03:12:34,962
evaluation. Yes. Just like any employee. And you know, the reason to maintain mr. Martell

1699
03:12:41,268 --> 03:12:41,268
is not because of what difficulty or improbability of hiring another city manager may

1700
03:12:47,273 --> 03:12:47,273
be. That's a that's a separate issue. I just think as as an employee, he's he deserves a

1701
03:12:56,849 --> 03:12:56,849
review and discussion. And most people get, you know, second chances if they're guilty of

1702
03:13:04,156 --> 03:13:04,156
gross misrepresentation or gross error in their job. I see no evidence of that. And I just

1703
03:13:15,567 --> 03:13:15,567
unfortunately, I appreciate your sensitivity, but I think there's nothing more damage to

1704
03:13:21,908 --> 03:13:21,908
someone's reputation than these vague, unsubstantiated claims of incompetence. And lying.

1705
03:13:33,219 --> 03:13:33,219
somebody said that on this, and unfortunately, this is such an awkward process that it has to

1706
03:13:40,160 --> 03:13:40,160
be done on the dais in public. But that's the burden we have. And I think that's the

1707
03:13:44,330 --> 03:13:48,234
responsibility we need to accept. I can tell you that I had anticipated bringing up that the hr department does, in fact, have a evaluation process that could could be done. And

1708
03:13:55,975 --> 03:13:55,975
quite frankly, in the next two weeks, the commission could do that evaluation process. And if

1709
03:14:00,079 --> 03:14:00,079
the majority of the commission felt that there was a trust issue or a problem with it, it

1710
03:14:05,020 --> 03:14:05,020
wouldn't change anything. It's not going to change the way the city gets operated for two

1711
03:14:09,555 --> 03:14:13,159
weeks. I mean, I've always loved the city and I've been committed to the city. The last thing I'm going to do is something that would be detrimental to my coworkers,

1712
03:14:17,929 --> 03:14:17,929
because I respect all of them, and I want to make sure that they do well. So if you guys

1713
03:14:24,036 --> 03:14:24,036
are inclined to go down that path, I would still recommend going procedurally do the

1714
03:14:30,241 --> 03:14:30,241
evaluation through the hr director, meet with the directors of the city, get the

1715
03:14:37,249 --> 03:14:37,249
feedback from it, talk to the community, and then make your decision and meet with me as

1716
03:14:41,988 --> 03:14:41,988
well and talk to me about it so that I at least understand what your position is, or why you

1717
03:14:47,859 --> 03:14:47,859
feel the way you feel. I'm going to let mr. Baggett come in here. He's been patient. Mr.

1718
03:14:52,197 --> 03:14:52,197
baggett, do you have a comment? Yeah. Even before mr. Mortel made his initial comments, I

1719
03:14:57,902 --> 03:14:57,902
had made notes that we failed to properly notice the public advertise this issue. I also

1720
03:15:03,040 --> 03:15:03,040
put notes here and code of conduct about the ambush, I think. I think this should have

1721
03:15:10,214 --> 03:15:10,214
been more well advertised. This is a serious issue, although all you're asking for him is to

1722
03:15:16,054 --> 03:15:16,054
resign so you're not taking his job away, but he's sitting here asking for due process as an

1723
03:15:21,992 --> 03:15:21,992
employee of the city. Even without a contract, where the employees are entitled to due

1724
03:15:26,899 --> 03:15:26,899
process and and he has a contract and he's a woman of the city. So he has more of a

1725
03:15:33,004 --> 03:15:33,004
reason that we need to provide due process. I think from a legal perspective, I think this

1726
03:15:38,110 --> 03:15:38,110
should be advertised at least for the next meeting or meeting thereafter, and properly notice

1727
03:15:43,181 --> 03:15:43,181
the public. There seems to be a lot of people from the public had an idea that this was going

1728
03:15:49,353 --> 03:15:53,324
on. I had no idea this was going on. I thought we were talking about the duties and responsibilities, and that's why I put together the agenda item, which included the the

1729
03:15:57,062 --> 03:15:57,062
charter. I was not prepared to to hear this, but I that's my legal opinion on this. Thank

1730
03:16:04,236 --> 03:16:04,236
you, mr. Vice mayor. So let me let me offer. What may be a, I hope, a reasonable, you know,

1731
03:16:13,945 --> 03:16:13,945
trying to work through this right now. And you're driving the bus. Sean, I'm just

1732
03:16:19,151 --> 03:16:19,151
throwing out some ideas here. You're calling for city manager's resignation to the

1733
03:16:26,924 --> 03:16:26,924
point of due process. Potentially. As I mentioned before, you know, historically,

1734
03:16:33,197 --> 03:16:33,197
the city with dave ross put dave on administrative leave in that two week period, not

1735
03:16:43,040 --> 03:16:43,040
necessarily firing him, but putting him on leave and then having joe lee be the acting

1736
03:16:48,613 --> 03:16:48,613
manager, maybe something like this, and then having agenda for the next meeting. A formal

1737
03:16:55,219 --> 03:16:55,219
discussion of whether or not to retain the city manager or excuse me, can I just clarify?

1738
03:17:05,095 --> 03:17:05,095
one, in fact, is not living. Stuart. He lives in alabama, right? I'm not I'm not saying

1739
03:17:10,267 --> 03:17:10,267
for like a permanent I'm just saying I don't think he even lives here now. Okay, I'd say

1740
03:17:15,305 --> 03:17:19,209
that because that's what sean said. And then historically, I know dave ross. That's what they did with dave saying, you're saying, well, who maybe anybody talked to joe lee about,

1741
03:17:24,016 --> 03:17:24,016
maybe it's somebody else. I don't know. But but just just to try to get to a solution

1742
03:17:28,217 --> 03:17:28,217
that's reasonable. Maybe putting him on administrative leave and then at the next

1743
03:17:33,123 --> 03:17:33,123
meeting discussing whether or not we retain mike as city manager or if we want to move

1744
03:17:37,126 --> 03:17:37,126
forward with seeking a new city manager. That way, there's sufficient nobody could make a

1745
03:17:43,433 --> 03:17:43,433
case that there's not sufficient due process, and people could could show up and

1746
03:17:48,471 --> 03:17:48,471
speak to it. And you're driving the bus. Just I wanted to offer that. Am I recognized mayor

1747
03:17:58,314 --> 03:17:58,314
rich? Certainly. I'm not a I'm not opposed to amending my motion. I have no problem

1748
03:18:03,020 --> 03:18:03,020
sitting down with mike and even talking to him. But I'm not going to bring specific

1749
03:18:07,157 --> 03:18:07,157
examples up on the dais. Out of respect towards my city manager. I've known mike for a very long

1750
03:18:13,063 --> 03:18:13,063
time, and I don't want to go in that direction publicly. I have no problem sitting down with

1751
03:18:18,134 --> 03:18:18,134
the city manager, though. Even hr lee as a witness. But I'm not opposed to the

1752
03:18:25,342 --> 03:18:25,342
administrative thing to where mike is, is still here, but at the end of the day, I would

1753
03:18:32,815 --> 03:18:32,815
like a new city manager regardless. And I understand I'm only 20% of the city, but

1754
03:18:37,087 --> 03:18:37,087
that's my feelings and that's how I feel. So then hypothetically amending the

1755
03:18:43,960 --> 03:18:43,960
motion to where mike would be placed on administrative leave, either joe lee or whoever we

1756
03:18:49,165 --> 03:18:49,165
would decide would be the acting, and then having a meeting at the next meeting

1757
03:18:55,238 --> 03:18:55,238
agenda to discuss. Hopefully not in, you know, brutal detail, but, you know, sort of

1758
03:19:02,078 --> 03:19:02,078
superficially, our thoughts around this. We have a little more time to prepare. You know,

1759
03:19:06,118 --> 03:19:06,118
everybody, all of us can really consider the public can have more notification. Is that

1760
03:19:13,056 --> 03:19:13,056
reasonable? I don't I don't know how that works. I'm not opposed to that. I just don't

1761
03:19:17,360 --> 03:19:17,360
know how it works. If I can, you can amend your motion if you'd like. Yes you can. Well,

1762
03:19:22,164 --> 03:19:22,164
you know, you're right. It was it was made and seconded. So no pressure. But yeah I have no

1763
03:19:28,038 --> 03:19:28,038
problem. So I, I'd like to amend my motion then to place city manager on administrative

1764
03:19:35,712 --> 03:19:35,712
leave for the next two weeks until it comes back as an agenda item. So it's properly,

1765
03:19:42,485 --> 03:19:42,485
publicly noticed. Does that even mean administrative? I mean, that's that's what we've

1766
03:19:48,324 --> 03:19:48,324
done in the past historically, so that we could give notice to the public to be able to have

1767
03:19:55,297 --> 03:19:55,297
due process. And then at that meeting we can discuss. So no one will function in his stead

1768
03:20:02,605 --> 03:20:02,605
for the next two weeks. Oh, there you go. Those negative vibes. We need to identify

1769
03:20:07,209 --> 03:20:07,209
someone. Acting city manager. And my concern with joe lee is he's not been made aware of

1770
03:20:13,015 --> 03:20:13,015
this. Neither have I. And I don't even think he's in the state, so I drama. So can we

1771
03:20:19,054 --> 03:20:19,054
have this the city attorney? No, I cannot also you have to have to also know it has to be one

1772
03:20:26,862 --> 03:20:26,862
of the directors and they have to be present. I mean, so again, as far as the administrative

1773
03:20:32,634 --> 03:20:32,634
leave, you guys can put me on administrative leave effective friday if you want. I mean, it

1774
03:20:37,005 --> 03:20:37,005
doesn't matter to me. Like I said, the the purpose behind administrative leave. I'm not

1775
03:20:41,944 --> 03:20:41,944
sure you know what effect or benefit it gives the city to have me not work. I'm. I'm

1776
03:20:48,317 --> 03:20:48,317
happy to sit home if that's the case. But I'm happy to also work. So it's your call and

1777
03:20:53,856 --> 03:20:53,856
your discretion. But if you're going to have me on administrative leave, you have

1778
03:20:58,927 --> 03:20:58,927
to appoint an acting city manager per the charter that's present. So then, if that's the

1779
03:21:07,336 --> 03:21:07,336
direction we want to go, we would need to have. A special meeting with those department

1780
03:21:13,109 --> 03:21:13,109
heads here. Unless there's somebody in this room that wants to be in that position.

1781
03:21:20,682 --> 03:21:20,682
but yeah, we'd have to have a special meeting. Well, we could I know the different. Why don't

1782
03:21:27,556 --> 03:21:27,556
we just. It's not happening. Commissioner job. Okay, well, we could make a blend of this

1783
03:21:37,097 --> 03:21:37,097
if if mike would stay on for the two weeks or three weeks that we need to meet with

1784
03:21:42,238 --> 03:21:42,238
department heads and need to meet with mike, but I don't want to air all of that on the

1785
03:21:46,874 --> 03:21:46,874
dais when we come back in two weeks. Correct. Okay, okay. That's fine. I'm okay with that.

1786
03:21:51,312 --> 03:21:51,312
so he'd come back as an agenda item. So I'll amend my motion for it to come back as an

1787
03:21:56,383 --> 03:21:56,383
agenda item then. And then over the next two weeks, withdrawing your original motion. Well, I'm

1788
03:22:00,822 --> 03:22:00,822
amending it. So why don't we just withdraw it for sake? Ease. And your new motion is simply

1789
03:22:04,892 --> 03:22:04,892
to bring this back as an agenda. Which which one's easier? Lee, just amend your motion. No,

1790
03:22:10,098 --> 03:22:13,167
it's seconded. Made and seconded. Just withdraw it. I'm somewhat concerned what the motion is. So. Yeah. So the motion would be for it to come back as an agenda item in two

1791
03:22:19,806 --> 03:22:19,806
weeks. And in the meantime, I have no problem meeting with mike. If any other fellow board

1792
03:22:24,245 --> 03:22:24,245
members want to meet with mike and discuss things, but for it to come back in two weeks,

1793
03:22:28,483 --> 03:22:28,483
whether or not we have a special meeting between now and then, I don't think it's

1794
03:22:32,987 --> 03:22:32,987
necessary. So good. It's a very simple motion that this come back as agenda item on the next

1795
03:22:38,059 --> 03:22:38,059
meeting. For the next meeting, what comes back in two weeks? His his employment discussion.

1796
03:22:43,130 --> 03:22:43,130
okay. In two weeks, after having met with mike and some department. Well, the motion

1797
03:22:48,102 --> 03:22:48,102
does not include whether you meet with mr. Mortel or not. That's up to you. I have no

1798
03:22:52,240 --> 03:22:56,177
problem. Meeting is asking. Yeah, correct. And probably a good idea then to have the various department heads present and or joe lee, since that would be part of that

1799
03:23:01,849 --> 03:23:01,849
decision making. Hypothetically, I'm pretty sure the city manager needs to live in the

1800
03:23:06,387 --> 03:23:06,387
city. Does he or not? I would think so. So for for an interim not you can make an exception

1801
03:23:12,126 --> 03:23:12,126
but that the the charter requires the city manager to be present. The problem with

1802
03:23:17,464 --> 03:23:17,464
appointing jolie right now is that he's not present tomorrow. Gotcha. Yeah. Was that lee or

1803
03:23:22,103 --> 03:23:22,103
was it clear? Lee. No, that's that's a clear. Madam clerk, do you have it? It's clear. Do you

1804
03:23:28,274 --> 03:23:28,274
mind reading it back? Just for clarification, city manager remains on duty and an agenda

1805
03:23:32,813 --> 03:23:32,813
item for his employment discussion will be brought back in two weeks. Are you happy

1806
03:23:37,017 --> 03:23:37,017
with that? Language should be yes. And department heads to be present. Is there a second?

1807
03:23:49,196 --> 03:23:49,196
second? Forgive me. So we have a motion by commissioner reed and a second by the vice mayor.

1808
03:23:57,471 --> 03:23:57,471
is there any additional public comment on this? No. Any additions? Okay. Just in

1809
03:24:10,550 --> 03:24:10,550
listening to what was said from the dais, I mean, I don't see where notice wasn't provided

1810
03:24:17,123 --> 03:24:17,123
just here on the agenda. I understand your your desire to be fair to mr. Mortel and give

1811
03:24:24,197 --> 03:24:24,197
him an opportunity to speak for himself. But I don't think any of this stuff was just decided

1812
03:24:29,069 --> 03:24:29,069
by any one of you. Just tonight. So, as I heard, commissioner job said, this was an

1813
03:24:37,076 --> 03:24:37,076
experience over time. So I think think people were noticed. I'm not an attorney. I disagree

1814
03:24:46,219 --> 03:24:46,219
with you. But. Okay, fine. And as far as. Him being put on administrative leave, I would

1815
03:24:55,963 --> 03:24:55,963
say that would be appropriate so that he's not in the midst of, you know, any of the

1816
03:25:03,003 --> 03:25:03,003
meetings and things going on. I understand there's a problem that you can't put anybody in

1817
03:25:08,441 --> 03:25:08,441
this place tonight. So whatever the pleasure of the board is, I thank you for your

1818
03:25:13,979 --> 03:25:13,979
consideration. Sorry. I just want to add to. Could you just. Made my card? Yeah. So I made a

1819
03:25:22,121 --> 03:25:22,121
I made a comment before, but I would ask that you consider at least as just advice, maybe not

1820
03:25:28,927 --> 03:25:28,927
amending the the motion, but that all of the commissioners between now and then have an

1821
03:25:35,534 --> 03:25:35,534
opportunity to meet with the city attorney and potentially hr because we've got both the

1822
03:25:43,175 --> 03:25:46,212
commission issue and an employment issue, and there's certain guidelines there that may get the city in trouble if we don't follow those. And it might be a good idea for if the

1823
03:25:52,017 --> 03:25:55,923
commission doesn't already know. And I know some people may already know, but probably be a good idea for the commission to sit down and just address those hr issues. What we have to

1824
03:26:00,393 --> 03:26:00,393
follow, what we have to do if we're going to ensure that that, you know, the process takes

1825
03:26:05,097 --> 03:26:05,097
appropriate action the way it's supposed to. And, you know, I don't know how old mike is, but

1826
03:26:10,136 --> 03:26:10,136
I can tell you in my case, you got a problem if you're letting me go. So anyway, I just I just

1827
03:26:17,176 --> 03:26:17,176
mentioned that I just think that something should be done. Thank you. Anyone else? Madam

1828
03:26:21,279 --> 03:26:21,279
clerk, I have no further public comment. Any additional questions or comments from the

1829
03:26:26,352 --> 03:26:26,352
commissioners? I do. Okay, commissioner reed, for for hr, is that something that should

1830
03:26:32,291 --> 03:26:32,291
be in the motion? Meeting with hr? She's a department head. Yes. She's I would recommend

1831
03:26:42,503 --> 03:26:42,503
that. Absolutely. Because I can provide you with the evaluation form that has been used in the

1832
03:26:47,106 --> 03:26:47,106
past for a city manager and a city attorney, we can talk about the whole due process

1833
03:26:51,243 --> 03:26:51,243
process. And of course the city attorney is available for that as well. And we can walk.

1834
03:26:56,014 --> 03:26:56,014
that's not something that we're bound to. That may be a nice idea, but the those three

1835
03:27:02,187 --> 03:27:02,187
charter positions serve at the pleasure of the board. Correct. So in the same way we had in in

1836
03:27:09,461 --> 03:27:13,097
the same way we had an evaluation process with hiring ruth, for instance, it wasn't necessary for her hiring. Right? So I think the issue mandating that we're meeting with anybody

1837
03:27:20,539 --> 03:27:20,539
or, you know, no, I think it should be in the motion is what I'm saying. Certainly not

1838
03:27:25,376 --> 03:27:25,376
mandating that, but giving any employee an opportunity to speak to what the concerns,

1839
03:27:30,014 --> 03:27:30,014
allegations, performance, behavior, all of those just to have that opportunity to speak

1840
03:27:34,987 --> 03:27:34,987
that out. Right. That's really what we're talking about. You still have the right to make

1841
03:27:39,124 --> 03:27:39,124
the decision that you make, but not to give any employee an opportunity to speak on their

1842
03:27:43,962 --> 03:27:43,962
own behalf with the concerns that you have is, is is general process? No, but but just that

1843
03:27:51,435 --> 03:27:51,435
being included in the motion? No, no it should not I think it's it's messy. I don't want

1844
03:27:56,074 --> 03:27:56,074
it to be a contingency. Agreed. I think you just the motion is fine. You can't compel behavior.

1845
03:28:01,579 --> 03:28:01,579
right. Okay. All right. Thank you. I think the mission, the motion is simple. Mr. Mccrystal

1846
03:28:07,585 --> 03:28:07,585
have a frank comment. Okay. Wow. This is this is hard. This is about as hard as it gets. And

1847
03:28:27,638 --> 03:28:27,638
I'm not one of those people that get up here and moan and groan about mike for little

1848
03:28:34,645 --> 03:28:34,645
specific issues, that they have personal problems with them, for sure. No one can argue that

1849
03:28:40,217 --> 03:28:40,217
mike is. I mean, who's more knowledgeable about the city of stuart? Good luck. Good luck

1850
03:28:49,293 --> 03:28:49,293
finding somebody, mr. Brakebill second, I guess. So. As much as I can be accused of not being

1851
03:29:06,444 --> 03:29:06,444
great on great details or even caring about the great details, like when you're when I'm

1852
03:29:12,283 --> 03:29:16,221
introduced to you, I won't remember your name because I'm checking out your body language and who you really are. I don't care what your name is, I won't remember your name. That's just

1853
03:29:20,958 --> 03:29:20,958
the way I've always been. But I think my strength has always been. Looking at things from

1854
03:29:27,165 --> 03:29:27,165
30,000ft and. It's like what I'm hearing and. And what I've seen specifically, just as

1855
03:29:36,140 --> 03:29:36,140
someone in the audience is a few times where. It seems like mike's on a different page than

1856
03:29:45,282 --> 03:29:45,282
than you guys, and so I think that's the big picture. If, if the, if this majority

1857
03:29:56,626 --> 03:29:56,626
commission today. If we can all remember the the election and why you were elected, okay. For

1858
03:30:05,636 --> 03:30:05,636
the people of stuart, what the people asked for. I guess the big picture question is, does

1859
03:30:14,444 --> 03:30:14,444
mr. Martell help you in your political job to do the will of the people, or does he not? So

1860
03:30:28,392 --> 03:30:28,392
I think that's that's pretty much the bottom line. None of the other little mosquito type

1861
03:30:35,999 --> 03:30:35,999
stuff. But do you have a city manager who is going to help you impose the

1862
03:30:45,649 --> 03:30:45,649
people of the city of stuart that elected you? And I think, you know, as you get older, you

1863
03:30:53,624 --> 03:30:53,624
realize that time is burning and you ain't going to be up there forever. So. That's it.

1864
03:31:05,135 --> 03:31:05,135
that's my view from, from from from far away, I mean. That's it. Thank you, thank you. I

1865
03:31:17,981 --> 03:31:17,981
have no further public comment. Mayor, roll call, please. Commissioner selby. Yes,

1866
03:31:26,822 --> 03:31:26,822
commissioner. Clark. No. Commissioner reed. Yes. Vice mayor. Collins. Yes. Mayor.

1867
03:31:33,662 --> 03:31:33,662
rich. No. See? No