City of Stuart

The next commission meeting will be June 12^th.

BE CAREFUL WHAT YOU WISH FOR

It is no secret that Brightline is coming to the Treasure Coast.

During the decade that this has been brewing, many of us have protested, denied, fought, accepted, and now have some anticipation (especially if Stuart has a station) for the inevitable. A few are still at the fighting stage of the process ignoring the fact that Martin County settled the matter with the railroad several years ago.

Instead of working collaboratively to solve this important problem facing Stuart and Martin County, our state and federal officials have carried on their opposition to inter-city passenger rail going through the Treasure Coast as it travels from Orlando to Miami. Is there a sinister plot with the residents of Martin County as the pawns in this fight?

The choke point for Brightline has always been the Stuart Railroad Bridge. It is old and creaky. Further it only has 6 feet of clearance. Most boats cannot go under it. Given that the passenger line wants to run 32 trips a day using that bridge, it is a major bone of contention between the boating industry and the railroad. But it doesn’t only concern Brightline. FECR’s freight business more seriously impacts those tracks.

Anyone who has ever sat in their car at a crossing waiting for the miles-long freight train to pass at 30 MPH understands how just a few minutes can tie up traffic and bring Stuart to a standstill. While all the attention has been focused on Brightline, the Achilles heel to the operation has been the freight line. We are about to see how much this will affect us.

For years, the marine industries and pleasure boaters have been forced to wait to traverse the St. Lucie in Downtown Stuart. There is just no way to get to the inlet from Palm City, Indiantown, and western Martin County when the bridge is down. As annoying as it is for the public, it can be real money for the boat builders, a private industry, that are tied up waiting for the bridge.

That is why a suit was brought by them against the Coast Guard to demand the bridge be opened at least for half the time. Congressman Brian Mast has championed that same action for years. He has lambasted the Army Corps and Coast Guard in congressional committee hearings.

The Coast Guard has now responded by giving Mast and the marine industries much of what they want. Beginning June 21^st they have issued an interim rule here that states the following :

• Open the drawbridge every quarter and three-quarter hour to allow boat traffic to pass but no longer than 15 minutes.
• If a train is in the circuit at the designated opening time, then the opening can be delayed for 5 minutes then remain open until all boats have cleared but the opening can be no more than 15 minutes.
• Always have a drawbridge tender on site (there has not been one in over fifty years)
• The old Roosevelt Bridge will open on the same schedule. Now it stays closed during peak traffic times.

There are other points that you can see in the order. It doesn’t matter whether there is a boat in sight, the bridge will be open. It will happen at 2:15 am and at 2:15 pm. In typical bureaucratic fashion, there is no deviation from this deviation order.

I have used Brightline a half dozen times from West Palm Beach to Miami. It isn’t cheap but (at least for my wife and I) it sure beats the traffic. It is fantastic to park your car at West Palm station and go to Miami or Miami Beach for the weekend and not have to worry about traffic or paying for hotel parking. You never use your car once you arrive anyway, so it works out about the same financially only without the stress.

With that said, if Brightline were to go away tomorrow, my life and that of the people in Martin County would not be any different. I have come to believe if Stuart ever does have a stop, it would be an economic boost to our economy. Not a big one but a measurable one.

While the boaters and marine industry are pleased, this “temporary” rule could cause havoc for the rest of us. Freight trains are running through the county now. They are miles long and if they are stopped half the time because the bridge is up, where do you think they will be stopped? A typical freight train that is halted in Downtown will block every crossing in the city of Stuart south of the bridge (St. Lucie Avenue, Confusion Corner, MLK, Florida St., Dixie Highway, and Monterey Road).

FECR thinks crossings will be closed 8 times a day going north and 8 times going south from 30 minutes to an hour. If you have a heart attack and live on the other side of the track from the hospital, you are dead. The dreaded fire and the town will burn. Police emergency not a chance.

The bridge is the choke point and always has been. For most of the time Brightline has been coming, that has always been a problem. There have been at least two bridge concepts that have been explored. Washington has hundreds of millions of dollars for infrastructure project grants.

The one missing figure in moving forward with a new bridge is Brian Mast. Any entity can apply for the money but without the local congressman endorsing the bid, it will fail. So far Mast has not been willing to champion the cause.

He has said that the railroad is a private company and therefore should pay for it themselves. And if it was for their rolling stock I would agree. The state and more so the federal government spend billions every year to build and upgrade airports, highways, and ports. But there are no public airlines, truckers, or shipping companies as they are all owned privately or by their shareholders. We spend those billions and billions of dollars on the infrastructure that allow those private companies to operate for our economy and for our people. It is in the local, state, and federal governments’ interest to do so.

Mast is not shy about requesting and receiving federal money. He is in the top ten of congressional representatives for bringing money home for projects. In the 2024 budget year, Roll Call has the congressman ranked 4^th for earmarks at $337.3 million. I applaud him for that since it is money for Florida and mostly his district. Mast does represent Stuart and Martin County.

Working to make sure that pleasure boaters and the marine industries can thrive here is vital also. So, it is an achievement for Mast having the Coast Guard do his bidding. He represented those constituents brilliantly.

Brightline is not scheduled to begin service until Labor Day. For the next two months, nothing will have changed on the ground except the new opening times commencing June 21^st. If havoc ensues for residents, businesses, and drivers, will Mast then represent all our interests and bring home the money for a new bridge?

The new rail bridge would allow at least 80% of boaters to pass underneath without opening. Occasionally it will need to open to have that large sailboat or yacht maneuver through. We should be working together to solve this problem, not playing politics with the lives and businesses of our area.

STUART TRIAL ON PFAS STILL GOING

Back in 2016 when I was still a Stuart city commissioner, we were made aware of PFAS in our water supply. The commission, on the advice of staff, then approved remedial action. At another meeting, we voted to be added to a class action suit against the makers of the chemicals.

For almost two decades, Stuart’s Fire Department used fire-retardant foam to practice fighting chemical fires. 3M was Stuart’s supplier. It leached into the ground water and eventually the water supply became contaminated. Though the chemical concentration was higher than the government-recommended amounts of 70 parts per trillion, Stuart is no Flint, Michigan or Jackson, Mississippi. Two hundred million Americans have the chemical in their bloodstream.

Stuart was picked by both sides as the lead plaintiff in the class action lawsuit. The trial has thousands of plaintiffs and is being held in Charleston S.C. Last week the other three companies implicated in the PFAS suit settled for almost $1.2 billion. And now the Stuart/3M trial is on hold as possible settlement talks continue.

It almost seems as if the judge in the case wants to force a settlement. If it goes to trial and Stuart and the other plaintiffs win, the jury could award a judgement that could seriously impact the viability of 3M as a company. 3M has set aside billions for payouts. If the final number is within that amount, all is well. However, juries are unpredictable, and I am sure that is weighing on the judge’s decision for at least a 21 day postponement as of June 5^th.

But Stuart isn’t the only fire department in Martin County. While you hear about the city’s involvement in the lawsuit, the county has been mysteriously silent. They are responsible for the airport which is much more likely to have this type of fire than the city and is the location where they have practiced with foam. I don’t know whether they are a party in this or any other lawsuit.

In the meantime, do not fall for all the doomsday chatter and stories you may read and hear. If you are a city resident, the water is safe. We don’t really know about any contamination in Martin Count’s water supply, but the water they produce for their customers is constantly tested as is the water from SMRU and Indiantown.

PFAS is not only found in water supplies but in cleaning products, dental floss, tents, rain jackets, grease resistant paper and containers, nail polish, makeup, stain resistant fabrics, and hundreds of other products.

Stuart did the right thing by taking the actions it did. Let’s not go into American panic mode. I am sure soon we will hear of people that claim they became ill because of it. Another miracle of modern life through science that went a bit wrong.

THE DUMP

I have taken heat by some people for writing in favor of the Costco PUD.

There is a reasoned argument about some of the aspects of the project. And I believe that people can disagree on whether it is a good project. What I do know is the nearly 50-acre site was not pristine Florida woodland no matter who wants to claim that it was.

From the very beginning, the developer/owner and their contractors have found old cars, boats, old machinery, abandoned and previously unknown structures, unpermitted irrigation ditches, old appliances, tires, garbage mounds, and everything else that a well-appointed dump could have. Even the purported wetlands have been declared non-existent by the EPA.

Since site clearing work has begun, the cornucopia of all the above has not only been discovered at ground level but been uncovered when the land has been cleared. It seems previous owners had used the property for more than farming. It was anything but a natural woodland and unadorned wetland.

Making believe that the property was and is something other than an overgrown mess is misleading. The development argument has been lost. With “Live Local” now Florida law, what the property can be used for is much denser than what was approved initially. Even environmentally (as has been borne out by the EPA, SFWMD, FWC, and others) the development of the property is not having any adverse effects ecologically.

If anyone has any doubts regarding what was on the property these photos should put that to rest.

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COMMISSION MEETING FEBRUARY 13, 2023

It is apparent that Commissioners Collins and Rich both want the mantle of the “water commissioner.” Former Commissioner Matheson had been deeply involved in the issue.

They both have taken opposite views of obtaining the title. Rich has emersed himself in going to various conferences and seminars to dive deep into the issue of clean water. He has spoken with various groups and has learned the water lingo.

Collins appears to have spoken to a person or two who sees the hope of cleaner water by forcing the federal government to enter a consent decree of some sort through litigation. While it worked for the Miccosukee Tribe in the Everglades, the fact pattern is different from the city’s or, for that matter, Martin County’s.

I don’t know what the cause of action would be. I think it would be a big waste of tax dollars because the city is unlikely to prevail. If it were that easy to win, the entire 156 miles of the Indian River Lagoon would have sued by now.

The fresh-water releases from Lake Okeechobee that the commissioners are decrying are actually fairly clean fresh water. At this point, it isn’t water quality but water salinity that is at issue, and from the data, salinity hasn’t been drastically affected so far.

I don’t really think the city needs a river commissioner. If one had to be chosen, it should be the one spending the time in at least becoming knowledgeable about different water issues by speaking to the ecological experts and not gathering information by speaking with an attorney or two.

All politics are local even when discussing projects using federal funds. The city has put aside $1 million in ARPA funds for nonprofits. The only organization that has asked for the money so far is SafeSpace, a domestic abuse nonprofit. Their grant request is for $500,000 the maximum allowable for any organization under the city’s rules.

The money would only be spent in their Martin County operation. Last year domestic abuse went up by 54% in the county. Members of the SafeSpace board were there including Tom Bakkedahl, the State Attorney, for the 19^th Circuit. A motion was made by Clarke and seconded by Bruner to approve the grant.

Collins wanted to know when the funds had to be distributed.  According to the manager  they must be allocated by 2024 and spent by 2026. He didn’t understand what the rush was. The money and the program have been around for over a year without any other applicants. He would like to get others to apply. What is the outreach by staff? He suggested that perhaps there was “a church that needs a roof.”

Rich took a tour of the SafeSpace facility and was impressed. A local attorney who has lived in Palm City Farms her entire life spoke during public comment noting that she had been abused and that the victims are not “white trash.” She broke down in tears. Pastor Gore from East Stuart also spoke and stated that we need a place like SafeSpace to give shelter and keep the cases confidential.

The vote ended up being 5-0. State Attorney Bakkedahl said that the money given will save lives. He is right.

The commission voted to create a new advisory committee named the East Stuart Historical Advisory Committee. They will meet quarterly and advise on cultural, art, and historical matters in East Stuart. The committee will be composed of 7 members being appointed by each of the CRA members. The terms are for one year. The vote was 5-0

It was finally time to approve the “Form Based Codes” for East Stuart and the Creek District on second reading. The writing of the codes and the community outreach has been going on for almost two years. There did not seem to be a problem with anything except Collins not liking the ADU (accessory dwelling unit) concept for East Stuart.

An ADU can only be built on a single-family lot. It is limited to no more than 700 sq feet and either the ADU or the home must be occupied by the property owner. ADUs can be built now in East Stuart and throughout the city.

Collins is obsessed with keeping only single-family homes in the city. He continually asked questions of Jessica Seymour from the Treasure Coast Planning Council who worked on the code. Unfortunately, he kept interrupting her as she answered.

Regulations book. Law, rules and regulations concept. 3d illustration

These units make perfect sense. An owner must occupy one of the units. Collins believes that there is no way that the city will really know who is occupying the units. He is right about that.

All cities, including Stuart, have many codes that are hard to enforce. And nobody will be going door to door to ask for “papers” to see whether an owner lives in one of the units. It does allow for code enforcement to use home ownership as a tool if there is a problem at the site.

Collins voted with the rest of the commission to approve the codes. Questions are good if they have a point. He needs to refine his style and really listen to the answers. Many of those question should be done with staff before the meeting.

This meeting was over four hours long. Is there some reason that they need to take this amount of time?

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DYESS IS NEW MANAGER OF JUNO BEACH

Stuart City Manager David Dyess has been chosen to be the new manager of tony Juno Beach, home to FPL.

Dyess has spent the last 33 years working for the City of Stuart. He climbed the ranks from patrol officer to chief of police and then city manager five years ago. He took the helm at a chaotic point in the city’s history with the termination of David Ross, an outside hire, six months earlier.

Dyess came at a time when department heads had left, and there were other claims of employment irregularities. He immediately went to work restoring confidence in the city’s government. His tenure has been marked with a professionalism in the day-to-day operations of Stuart.

Dave could have spent the rest of his career at Stuart. Because of the quirky rules of the Florida Retirement System, he could take home almost as much pay as a retired employee as he would have if he continued working. This brought on his leaving. The same thing was true of County Administrator Taryn Kryzda’ s early retirement at the county. After a six-month period, she was eligible to go back to work within the FRS system, which she did and is now working for Indiantown.

Juno is not a member of the Florida Retirement System. Dyess can work there and collect his pension at the same time without interruption.

Dyess now will negotiate a contract with Juno. I have been told that their current manager can stay until June 1^st, so there will be no mad rushes for the door.

In my opinion, David Dyess will be a hard act to follow. The hometown boy that grew up on Manor Drive in Stuart, attended the Methodist Church, local public schools, and Florida colleges is irreplaceable. As a police officer, he saw the worst but also the best in people. The years at SPD made him a known commodity to most residents of the city. I have even seen people he had arrested come up to him and say thanks for straightening out their lives.

Stuart, like Martin County, is unique. Florida laws can be daunting and a trap for the uninitiated especially when it comes to public records and “sunshine.” I believe that the next manager should be a local who knows and understands the city, county, and Florida. And it will be helpful if the residents, taxpayers, and business owners know the proposed manager. I hope my commissioners agree.

As a friend of both David and his wife, Karen, I am very happy as David embarks on a new adventure. As a resident and taxpayer, I am sad to see him go. Thank you for everything.

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SPECIAL COMMISSION MEETING JANUARY 17, 2023

After two years the commission finally approved a form-based code for the Creek District and East Stuart on the first reading.

The initial idea for the form-based code was former Commissioner Mike Meier’s. It was to be tried out in these two places and then expanded throughout Stuart. With Meier gone I don’t see much hope for that happening.

The definition from the “Formed Base Code Institute” is:

“A form-based code is a land development regulation that fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law.”

The code that was adopted on first reading was far from a true one. It should produce predictability, and this goes a long way to doing just that. A person building a project should be able to seamlessly look at the code and know what can be done. However, instead of the code being the last word, Stuart’s will still have the commission making decisions. That means it will be easy to deviate.

I am glad it was passed but many projects will still come before the commission which means there will be a multitude of uses that will be exceptions to the code. Better than the current system but not free of the political. I am still glad they passed it.

You can find the code here

STUART CITY COMMISSION JANUARY 23, 2023

This meeting was similar to the time that the commission was played like a fiddle by Linda and Paul Daily regarding their lease at the Pelican Café.

At the time, the Dailys were seeking an extension of their lease for the waterfront restaurant, now Hudson’s, which is owned by the city. The lease was not even close to its expiration date. The manager and attorney did not want to entertain an extension at the time, so the owners went directly to the commission. When the commission was debating whether to extend or not, the Dailys packed the chamber with ardent fans…75% of whom did not live in the city and some not even in Martin County.

The same scenario played out at this meeting regarding whether to have an invocation. Once again, the chamber was packed with out-of-city residents expressing their opinion on the subject. What was especially galling to me as a city resident was that three elected officials from other jurisdictions spoke who are not residents of Stuart, School Board Members Amy Pritchett and Mike DiTerlizzi, and Ocean Breeze Council Member Gina Kent.

Helen McBride spoke and said something very pertinent on this subject. As a Stuart and Martin County voter, resident, and taxpayer, she has a perfect right to speak and express her opinions at school board and county commission meetings. Those from outside the city do not pay Stuart taxes or reside here and cannot vote in the elections for city commissioner.

Interestingly, only one pastor from East Stuart spoke though he lives in St. Lucie County. There was no one else from any of the churches in that community. There was no rabbi, imam, Roman Catholic, or Episcopal priest though Father Anderson from St. Mary’s had been there and spoke about a skate park earlier. Likewise, none of the non-evangelical Protestant pastors were there either. Does that mean they don’t believe in the power of prayer?

Of the 14 actual city residents that did speak, more than half spoke against having an invocation. The other 65% from outside the city spoke in favor except for 2. And their comments should have been listened to politely by the commission and then given a much lesser weight than the comments from actual voters and residents.

The idea about whether to pray or not became a symbol for the struggle about the literal soul of the commission. Again Mrs. McBride stated it best when she said since one member became a commissioner, she had never seen such disharmony. Though forbidden by the rules to say whom she meant, there was no doubt that it was Dr. Collins.

Commissioner Rich also had a deeply held belief against having an invocation. I don’t doubt that Collins was sincere in his beliefs when this began, but it became a power play of his against the rest.

Speaker after speaker said a variation on the same words that America is a Christian nation with Christian values, and we are all Christians. America does have a Christian-Judeo foundation as does Canada, France, the U.K., and many other nations. We are not unique in that regard. That does not mean that we are a Christian nation or that everyone is a Christian.

Collins made the motion to adopt the ordinance that was seconded by Bruner. It passed 3-2 with McDonald and Rich dissenting. The implementing resolution passed 4-1 with Rich dissenting.

The politically inept commissioners were rolled over once again by outsiders trying to dictate the fate of the city. The Dailys did receive a long lease extension that night. They promptly sold it to the owners of the now Hudson’s for a considerable sum while the city must live with below-market rent for a prime property that was leased to the Dailys under false pretenses.

The commission should have done what the school board did when asked by DiTerlizzi for an invocation…which was just to immediately agree to have an invocation. As city resident Joe Hartowski stated, it is performative. For in the end, an invocation only means as much or as little as a person’s own thoughts as the words are spoken.

You can find the ordinance and resolution here

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ZIP WORKSHOP JANUARY 5, 2023

The most interesting part of this workshop was the presentation made by Manager Dyess. Unfortunately, the commissioners didn’t seem very interested.

There was no discussion about the Future Land Use Map (FLUM) which was Dyess’ presentation. And yet that is the crux of where and what the city can still develop. A startling fact is that there are no multi-family parcels available at all. The Special Neighborhood District zoning classification has 3 parcels consisting of 4 acres total. Low Density Residential zoning classification (basically single family) has 48 parcels in 15.69 acres. The city’s 6 sq. miles of land is closed for residential development under current zoning. What we still have are 37 parcels on 138.7 total acres for commercial.

This is the vacant inventory in those classifications. The reason why landowners choose to change a land use is because the zoned use is no longer practical. The state has said that local governments must give landowners a mechanism to do just that.

Commercial has a disproportionate amount of the available vacant space within the City of Stuart boundaries. Much of it has been sitting idle for years. In the past two decades, the need for office and retail use has been drastically reduced because of changes in society. A good part of that commercial classified space should be zoned for residential use.

The commercial land is situated along major arteries. It would be fine for multi-family, but it is far from ideal for any single-family use. Rezoning or whether it should be done did not seem to interest the commissioners at all.

Then came the discussion about affordable housing. If there is no land currently zoned for multi-family residential, where would any new housing go except by changing land use? Commissioner Clarke suggested creating another city board or task force to explore possibilities but then said there wasn’t much in the way of possibilities. It was decided that the current private non-profit already established for this purpose where the city has a board seat would give a presentation regarding their plans.

The FLUM presentation can be found here

Dr. Collins made his own presentation on housing. Most of his desires would be very orthodox if this were 1960, but it is not. He used his Facebook page to solicit responses to this post:

City of Stuart residents!

Please comment with a few words, phrases or photos that describe what you think makes Stuart special.

What kind of development, look and feel best characterizes our charming seaside town?

I am working on a presentation for our next Zoning In Progress workshop in January.

Thank you!

There were 27 comments with most expressing support for that small town feel. Who could say no to that? The first comment was from someone who doesn’t live in Stuart. I don’t know how many others of those who liked, shared, or commented are residents.

Dr. Collins is using his Facebook page as a way to inform, solicit, and communicate with voters, constituents, and residents. As such it becomes a public record. Where is it being preserved?

His presentation had three points:

• Fair Share Parking
• Remove ½ Unit Calculation
• Develop Maximum Buildout

Fair Share Parking:  In his opinion there should be no deviation from the current parking standards. Twenty-five years ago, the Stuart codes were written to make it almost impossible for any multi-residential property to build as of right. The prevailing sentiment was that all such development should come to the commission to be haggled over. Therefore, things like parking were made more severe so that a commissioner could extract something from the developer in return for an exception. It is idiotic but that is the system.

Dr. Collins may like it because it would stop projects. At some point because of setbacks, wetlands, height restrictions and requiring too much parking, developments don’t move forward because the restrictions create too many obstacles for many developers.

Collins would like to see the developer pay into a fund to build a parking garage. When I first heard it, I was against the proposal because unless the building is close to the garage the supposed problem hasn’t been solved. We have just made the project more expensive.

That only works if we have development which the FLUM would tell us is not possible when you have zero land available for apartments. If you have more reasonable parking requirements and the developer still cannot meet code, paying into a fund is a public benefit for the entire city.

But, if the reason we have parking requirements is for each development to be self-parked so that overflow does not happen, then this does not solve the problem. In my mind if there is a problem with a resident not being able to park his car, the apartments won’t be easily rented. That is letting the free market decide. Using parking as a determinant is an outdated planning concept.

Remove ½ Unit Calculation:  That is terrible terminology. Why we even count units to tell us about density is absurd. We should do away with units per acre. Any building with setbacks, wetlands, uplands, and a maximum of 4 stories already has limitations on maximum capacity.

The tiny units should be for either a single person or a couple just starting out. Therefore, encouraging the use by giving a bonus to the developer makes sense. Except for the ½ unit all current units over 900 square feet are counted as one. If the city limits the square footage to no more than 500 square feet, there would be validity for the bonus and to help make apartments more affordable to our younger citizens.

Once over the 500 feet it no longer is a tiny apartment. It doesn’t matter whether it is a one-, two-, three- or four-bedroom apartment it is counted as one unit in the density calculation. Obviously, the more bedrooms the more people will live in the apartment usually. That is the absurdity of units equating to density.

Develop Maximum Buildout:  That too is dependent on what our FLUM looks like. It just doesn’t seem possible that given height, setback, and other restrictions within the approximately 6 square miles of dry land in Stuart that much can be built. However, given our current population of less than 17,000 and, even for argument’s sake, to agree with Collins that if everything planned is built, the result would increase Stuart’s population by 10,000. Stuart would then still be considered a small city by the state and would be half the size of Fort Pierce today.

Collins mentioned 30,000 people as a maximum buildout number. If it is the right number, Stuart should plan for it going forward.

Some of his conclusions are illogical.  For example, Collins suggested we should only have high end homes being constructed because our median home price is low. The mean sales price today is 2.5 times higher than the mean price used by the property appraiser. The difference is $250,000 (mean price used by property appraiser) and over $600,000 (current sales price). Those who have been in their home longest are assessed lowest. That has nothing to do with how much it costs someone to buy a home today.

Collins came to skewed conclusions on road use by taking random numbers from FDOT counts.  He claims that the increase in traffic is caused by Stuart residents. The numbers he cites are before any project approved has even been built. If the premises are wrong, the conclusions drawn will be wrong. His presentation can be found here

After his long presentation was over, the other commissioners went onto the next item without comment. The subject was the half unit or, as I prefer to call it, a tiny unit.

I agree with Mayor McDonald and to a lesser extent Dr. Collins that there is a bit of the disingenuousness in calling 900 sq. feet a ½ unit. The commission instructed staff to come back with making tiny units no more than 500 square feet with 1.25 parking spaces and restricting where they should be in the CRA.

The only thing I would disagree with is the parking at 1.25. According to a developer I spoke with who was in the audience, that will add about $100 a month to the rent. This would be our affordable housing. Why make it artificially more expensive?

Mayor McDonald, to an extent, let the meeting get away from him. Collins kept interrupting the others and challenging what they said. Dr. Collins champions small town virtue and then acts in a way that would make New Yorkers blush. But many New Yorkers would tell him where to go. The other Stuart commissioners are maybe too “small town” and polite for that.

What has come out of the two ZIPs is that the tiny unit classification will be a maximum of 500 feet. Couldn’t have this been accomplished without the commission making the city spend thousands of dollars for hundreds of man hours resulting in unproductive meetings? What a waste.

STUART COMMISSION MEETING JANUARY 9, 2023

Dr. Collins promised to fill the chamber with his prayer supporters, and he did.

During public comment, speaker after speaker described the reasons to have an invocation. They read from scripture, invoked the name of God, and had personal testimony as to the power of prayer. After 2 hours, was it enough to change any other commissioner’s mind?

From the beginning, I had no problem with having an invocation. Prayer in this setting in my opinion is not giving it the sanctity it deserves. It just is not worth the political capital and disruption trying to prevent it entails. Prayer should be a unifying element not one that leads to disunion.

History is replete with supposed followers of Christ killing in his name. Dr. Collins and his fellow followers have not threatened death to heathens but will brook no dissent in this area. Like so many things in the culture wars of today, it is more important to have the show than the substance.

TORQUEMADA COURTESY OF PINTEREST

And ultimately that is what this is for most people who attend meetings. They are sincere words uttered by a preacher at a podium for most people not paying much attention. Yet for some it gives comfort.

Mayor McDonald did his best to chair a meeting and give every speaker his 3 minutes uninterrupted. McDonald tried to do the same for each commissioner, but Dr. Collins was incapable of allowing anyone else to speak without his constant interruptions. Collins is a warrior Christian more like the Grand Inquisitor of the Spanish Inquisition Tomas de Torquemada than Jesus.

Collins made his motion to bring back the prayer ordinance at the next commission meeting which was seconded by Bruner. It passed 5-0. I wonder if the “rack” of public comment persuaded two other commissioners.

One of the ZIPs came to an end when the commissioners voted 4-1 with Collins dissenting to end the ZIP having to do with PUDs. Collins couldn’t believe that his fellow commissioners didn’t agree with his rather inaccurate presentation at the workshop. Once again, he believes berating commissioners is the best way to win. Where is Dale Carnegie?

The city was awarded a grant for $4.8 million to buy and rehabilitate the Gary property on Martin Luther King Blvd. It will become a business incubator and vocational center. The property will cost $1.6 million and cost another $2 million for renovation. The city would then lease it to another entity for the programming. The grant calls for creating 50 new jobs during the 5 years after completion. Both Boys and Girls Club and IRSC have expressed an interest.

McDonald believes it would be great for spurring economic development on M.L.K. There is definitely a public benefit. Rich wholeheartedly agreed with him. Dr. Collins wanted to know why the city should be involved and what is the economic benefit. “What is the ROI,” he asked.

COURTESY PINTEREST

Commissioner Clarke quoted Dr. King that “Faith is taking the first step even when you don’t see the whole staircase.” Collins brand of helping people is apparently different than the rest of the commission. East Stuart as well as other young people in the city would benefit from a career training center. Isn’t that the function of government to do the things that are needed and not being done?

There is no downside for Stuart since all the expenses are covered by grant money. It is being awarded to help a blighted area, and the Gary property is certainly blighted. The residents and our businesses can use trained trades people. The ROI can be immense.

The consensus was to make this an agenda item.

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COMMISSION MEETING NOVEMBER 14, 2022

I left the meeting after 5.5 hours. It was still going on. Except in extraordinary circumstances, no meeting should be that long.

The commission did not hear several other items that had also been included in the agenda but were deferred. The new codes had not yet been presented to the LPA so could not go forward. They were for the Creek and East Stuart Form Based Codes.

Those two items alone deserve to be for two separate special meetings where they can be adequately explained by staff, give the public an opportunity to speak, and have enough discussion by the commission. This tendency to put so much on an agenda “to get it out of the way” does not do justice to a deliberative and informed commission making decisions.

At this meeting, there were many proclamations. Some of them were for things that had already occurred. Two of them had no one present to accept the proclamation. One had the acceptors giving speeches for what seemed an interminably long time…pages and pages of prepared text were read.

I have often complained that the business of government doesn’t happen until two hours into the meeting. The county has their proclamations done in about ten minutes. There is something to be learned by that.

When new commissioners begin, there is a learning curve. Some realize that the best course of action for a period is to learn procedure and not play “gotcha” with staff and other commissioners. Others jump into the fray without knowing all the unintended consequences of their actions.

Commissioner Collins has acted that way in past meetings, especially with the Zippy controversy. He seems to have learned from his past actions based on the way he acted at this meeting. Commissioner Rich, unfortunately, has not yet caught on.

During commissioner comments, Rich began by trying to have the commission place on an upcoming agenda a discussion to withdraw from the Kanner CPUD appeal which is currently awaiting the decision by the Governor’s Council. The decision is all but certain to be rendered at their December 13^th meeting.

There are several things that are objectionable by trying to do that at this late date. First the commission (when Matheson & Meier were members) voted 5-0 to have Attorney Mike Mortell defend the city at the administrative level and then they voted again 5-0 to have Mortell do so at the Governor’s Council. Because of the commission’s decision, the applicant relied on the city to defend the commission’s unanimous approval of the project in August 2021. By trying to change the course of action now the applicant will have his rights seriously impaired.

We all know and understand that Commissioner Rich would not have voted in favor of the original approval or would he want the city to defend that decision through this process. Commissioner Collins would not have voted for it either. What they would have done is immaterial to what was done. Once a decision is made by a previous commission, it must be relied on otherwise there is no legitimacy to any decision. The city gave the applicant their word to defend that decision.

Commissioner Rich read from a memo sent by the attorney representing the other side outlining his arguments. It is my understanding that every commissioner received the same memo. What is lost in this is there is pending litigation between Ms. Cartwright, the litigant, and the city. The commissioners are the city. I always thought that an attorney for one side could not speak without going through the other attorney.

And I would ask why Ms. Cartwright is contacting commissioners about pending litigation where she is suing the city. I don’t understand why the commissioners would speak with her. That doesn’t mean they can’t speak with her about other matters…just not on the pending litigation.

Rich went on to cite how badly he believed staff had screwed up in this matter. He grilled no one in particular and seemed to be on the cusp of belligerency. That isn’t the best way to ingratiate yourself with the very people that could be instrumental to you being a success as a commissioner.

During the discussion, Commissioner Rich showed exactly what he was trying to do when he said that once the council rules against Cartwright then the city will have to live with the development. This was a pretext to stop a project he doesn’t believe in by settling a case when a ruling is eminent.

That is the crux of the matter. Rich wants to overturn a decision that was made by an earlier commission because he disagrees. Going forward, it is on Rich’s watch, but he cannot reverse what happened before he was a commissioner.

Rich made the motion to place it on the next agenda. It was seconded by Collins. Rich and Collins voted yes, and McDonald and Bruner voted no. It failed. Commissioner Clarke was absent.

Besides the discussion was had with every point brought up by Rich during his comments. Mortell refuted his assertions and stated the city’s position. It was thoroughly aired. Rich is not a lone wolf but now a member of Stuart city government. It is not he against the city. He is the city. When the present commission decides on a land use, he would expect staff to make sure it is carried out and not reverse it.

Commissioner Rich your campaign is over. Now it is time to get to the governing part. That old phrase we have met the enemy and it is us would be apropos in this instance.

The Flagler lease with Main Street was up for renewal.

The city and Main Street have three different agreements. A service agreement, the green market agreement, and this lease. They all have different start and end dates. So how these agreements and what they cost the city are never placed in context.

The service agreement pays Main Street $70,000 per year. Originally when negotiated in 2019, it was to be reduced over the 3 years to zero. It still is at the original amount. The below market lease is for $2700 per month. It was given to the organization at the reduced rent so income from rentals would be able to sustain Main Street when the subsidy went away. Everyone seems to have forgotten that fact.

The organization subsequently took on the green market. One of the provisions was that they would pay the city 20% of the profit after expenses including management. Last year, the city earned $5600 according to Main Street. It means that Main Street made $28,000 after expenses. And after paying the city, Main Street netted $22,400.

The service agreement calls for Main Street to have “Rockin Riverwalk.” That program has been going on for years. It originally was done to bring people downtown so that the merchants would open their stores on Sunday. Stores have now been open for years. I don’t know how much the concerts influences those stores to be open but, at this point, why should taxpayers be subsidizing those downtown businesses in the form of providing entertainment?

Regarding all the other events that Main Street puts on, the organization hires an event planner to do them all. I don’t have a problem with Main Street as an organization but at what point does it not depend on tax money from the guy living on Akron Street to sustain itself? Where is the fairness to the rest of us? Main Street has become another racket that is taking money from the government.

Regarding Flagler Center…one of two things should happen to it. It should go out to RFP or the city should take it back and use the office space that currently is there for themselves and build more offices in the smaller venue across the court yard. They can keep the big meeting room as is for city events or for use by other groups.

It seemed only Commissioner Collins was concerned with the city’s obvious cronyism with a group of special people (many of whom are not even residents). He asked the right question and did it in the right tone.

Commissioner Rich interrogated the board and staff. It seemed he also got it but then after making all the right assumptions that the lease should not be renewed, he turned around and voted for the three-year extension. His brusque interrogation won him no friends from Main Street, and they will remember that and not his yes vote.

The lease can be found here

This was a missed opportunity to place this relationship back on track. Unfortunately, the commission chose cronyism over being watchdogs of the taxpayer dollar. I was not sympathetic to Collins in the last newsletter. He was right on the money with this vote of no. The motion for the extension passed 3-1.

After being pushed off several times, DogsWorld Kennel and Daycare’s conditional use application was being heard.

The applicant proposed taking the old Construction Journal building and turning it into that use instead of an office building. It is my understanding that there is a glut of office space on the market, and this would be an adaptive re-use. Is this the right location for this use?

The CRB (I am a member) placed several conditions on saying yes to this use. One was that the wall around the two outside areas be 6 feet and have planting around and atop the wall. The outside area would also have to have a waste system like the dog day care in North Stuart, and according to the noise study provided at the time of application, there be no more than 5 dogs per outside area. Also, the pickup and drop off would occur via Colorado Avenue to mitigate driving through the adjacent residential neighborhood.

The applicant did a new noise study and requested that the industry standard of one small dog per 40 sq feet and a large dog of 100 sq feet should be used. The small dog area is 2300 sq feet and the large dog area is 6750 sq ft. Using their metrics, they would be allowed to have 57 small dogs and 67 large dogs. They kept saying they would never have that many but never gave an upward limit except to use the standard.

Commissioner Collins was fixated on the compound to disinfect the outside areas. If they use the collector system that was recommended by the CRB, they could have used any number of toxic chemicals and it wouldn’t matter because any runoff would automatically be captured. While they agreed to use the system, neither staff or the applicant bothered to say that.

While I did vote yes with the recommendations to move it to the commission for determination, as a commissioner I would have voted no. The applicant completely ignored the CRB recommendations and then did a new study to increase the number of dogs. In my mind, this made it completely unacceptable.

I never thought it was a great use for the location, but if done with all the safeguards, it conceivably would be acceptable. It appeared that the safeguards were gone entirely by the time it reached the commission. Every neighbor spoke against the use. And one even brought up the fact that kennels were not permitted in the Creek District except in the industrial area. The Creek District begins one block over.

This was a quasi-judicial hearing. As such, strict protocols must be followed. The mayor conducting the meeting goes through a check list to make sure all the “I’s are dotted and the T’s crossed.” In the LDRs 11.01.11 Section G (7) having to do with a Major Conditional Use states that:

The determination of the city commission or community redevelopment board shall be to either find the application:

a.”In compliance” – In the event of a determination of in compliance, the plan shall be deemed approved;

b.”In compliance subject to stated conditions or modifications” – In the event of a determination of in compliance subject to stated conditions or modifications, the applicant may submit a revised application with supporting documentation to the department within 45 working days which complies with said conditions and modifications. The development director shall review the plan for a finding of in compliance; or

c.”Not in compliance” – In the event of a determination of not in compliance, the application shall be rejected and the specific reasons for such determination with reference to the requirements of this Code shall be stated in the resolution.

Under 11.03.07 Section B (13)-(16) which is the way a quasi-judicial hearing should be conducted:

13. Mayor: Requests direction in the form of a motion.
14. Mayor: Repeats or clarifies the motion for the record and asks the commissioners to deliberate the motion. Commissioners are encouraged to discuss the motion and their respective positions.
15. Mayor: Upon conclusion of the deliberation, the mayor calls for a recorded vote of the commission.
16. Clerk: Records the vote by roll call. The clerk shall randomize the voting order.

This order was passed by the commission in 2021 under Ordinance 2467-2021.

It is my contention that the commission is obligated to respond to the applicant’s submission in 1 of 3 ways: approve, approve with conditions, or deny with the reasons. In this case, no vote was taken. A motion needed to be made to deny with the reasons stated. Not voting is just not permitted under the current code as I read it.

Both the planning director and the planning consultant asked the attorney and manager whether a vote was necessary. They said from the dais the answer was no. I guess the planning director and consultant read the LDRs and resolution the same as I did.

If I am wrong in my interpretation, I would be glad to know how and I will print it in the next edition. Otherwise, this either needs to come back for a vote or the applicant needs to withdraw the application. Can the applicant bring it back for another hearing? How many other applications were denied by no motion being made? I don’t know.

Ordinance 2467-2021 can be found here

And applicant and staff presentation can be found here

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STUART COMMISSION MEETING SEPTEMBER 26, 2022

Years ago, I worked on Mario Cuomo’s campaigns for mayor of NYC and governor of New York. He was no pushover but, generally, a nice and caring person. One of his favorite sayings was, “You campaign in poetry but govern in prose.” Many a politician, once elected, must come to terms with their election rhetoric and the hard choices in making policy.

Commissioner Campbell Rich is now learning that lesson. It is easy to deplore density but sometimes hard not to accept if it is necessary for the greater good. That was on display at this meeting.

Rich promised to fill the chamber with people to speak about the need for affordable/attainable/workforce housing during public comment. It can always bring a tear to an eye when the working poor speak about not being able to afford an apartment. The same goes for the non-profit leadership speaking about the need but offering no solution except “government needs to do something.”

Then during commissioner comments, Rich requested that a discussion item be added to relocate the public works garage to a location near the water plant. He wanted to devote what would be an empty site to some sort of affordable/attainable/workforce housing. The goodness of such an action can be poetically justified. Then comes the prose part which would need to be expressed in financial terms…who is going to do build it and how many units there would be. There was nothing about that.

For instance, if the 3+ acres of that site were fully utilized, under current code, about 100 units could be built at a cost of roughly $16 million at best. That would be one of the densest projects in the city. It would be contrary to everything Rich campaigned on. If fewer units were built, then would it be financially feasible because of the low return on such housing?

Does Rich propose giving away the land to someone? It is a valuable piece of property in the middle of Stuart. Is it fair to the taxpayers? I know I would not like it.

McDonald was against it because the garbage trucks and other vehicles would need to move to a lot adjacent to a single-family residential neighborhood. How many people want garbage trucks beeping at 5:30 am? He also cited the cost of $6 million which is the net for the relocation after construction.

Collins had a more philosophical approach. He asked what is the role of the City of Stuart? He does not like multi-family housing, but I don’t believe that was his overriding reason to be against the measure. He may be the last adherent to the free market on the commission…except if the market wants to build housing.

I agree that Stuart has no place trying to be in the housing business. We are not New York or any big city which does have public housing and even they cannot adequately maintain their properties. Stuart needs to take care of the streets, parks, and the safety of its residents.

Rich made the motion to have a reconsideration of this move at the next meeting. It died for a lack of a second. There was poetry in the gesture, but it was not matched by any way to do so in practical prose.

The commission had a lengthy presentation regarding form-based code for East Stuart and the Creek District from Jessica Seymour of the Treasure Coast Regional Planning Council. This has been going on for a couple of years now. The new commissioners have spent time going through the proposed codes.

There were some minor comments, but it seems everyone is on board…so far. The next steps are a community meeting at 10^th Street and then back to the LPA and the commission for final adoption. You can see the presentations for the Creek District here

And East Stuart here

The commission approved giving FPL 4 parking spots exclusively for EV charging stations in downtown. That was the same day that Hertz, in conjunction with BP Oil, announced that they would place 340,000 charging stations at their facilities including opening many to the public. In addition, one of the largest makers of charging stations in the past few months has made deals with grocery and big box stores throughout the country to place super-fast EV charging stations in their parking lots.

Wawa has installed fast charging stations. We will see more gas stations do so to keep customers of EV cars, which are clearly gaining market share, coming into their convenience stores. It appears the commission is trying, and in my opinion doing so badly, to compete with the private sector. Commissioner Collins was the only one to vote no on another hairbrained foray into the private market that the government of Stuart is so good at doing and then receiving little to no benefit from financially.

I can only hope that the lease for ten years will go away sooner because FPL decides it is not worth it to compete with other vendors in the EV charging market.

Another thing that is near and dear to Collins and Rich is to put an end to additional residential multifamily in the city. The first step is to initiate a ZIP (Zoning in Progress) to forestall any other building applications. City Attorney Mortell began by giving a few statistics. As it stands right now, there are two acres of vacant land currently in the city zoned for multi-family.

Collins stated that people do not want to live in rentals or condos because they all want houses. If nothing but single-family homes were built, then the average home in the city would be well over a million dollars due to construction, permit and impact fees, and the cost of land. How many people can afford that? Talk about unaffordable housing!

Collins said he thinks we should go with the Duany Plan that was done in 1988 for Stuart. Duany, a noted architect and adherent to New Urbanism, is not exactly in sync with private one-family homes being the dominant residential form. The architect believes that cars and parking should be reduced to an even greater extent than Stuart currently does. His buildings would be at least three stories in most instances with retail on the ground floor and the dreaded apartments above. They are built close to the adjacent sidewalk. A good example would be seen on Osceola in downtown Stuart.

The only thing that made sense to me was McDonald’s criticism of the half unit in the urban area as not being transparent. It is not necessarily that he wants to have fewer units allowed, he just wants to have the number of units to be known to everyone. That is a good call.

After about 45 minutes of discussion, Mortell said he had enough input for bringing back a ZIP to the commission for the next meeting. I am glad he knows what they all said because I wasn’t so sure. You can find his memo on what a ZIP is  here

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STUART COMMISSION METING AUGUST 8, 2022

The Marine Resource Council gave a presentation on low impact development.

It is not an anti-anything but a proactive way to have more of an environmental approach to new and existing development.  Stormwater held on the premises helps the river and lagoon. The more pervious a site is the better. Before anything is ever built, the entire site is pervious.

The challenge is, after development, making sure the lot continues to have as much pervious surface as possible. The key is not to stop new home or commercial formation but rather to institute codes and policies that will hold the storm water accumulation on site to percolate down without runoff.

There are many ways to do this, and the Marine Resource Council would like to help places develop these strategies. There is a conference in October that I hope staff and commissioners attend. You can see the presentation here

City staff member Ben Hogarth provided a recap of the legislative session. It sounded as if it was the worst session ever. And make no mistake…pre-emption of local authority is high on the list of the governor and legislature. Yet a recap should tell the commissioners what did change not the bills that never saw the light of day.

It is true that if a detrimental bill came close to passage, then that may spell a trend that could be coming. If a bill died without committee hearings or did not have a co-sponsor in the other chamber, then that was no threat.

I am going to hate to see Commissioner Meier go because he recognized the wheat from the chaff. He is not an alarmist and could explain the intricacies of what a bill meant. Meier did an admirable job as the city’s advocate.

One bill that did pass was the ability of local governments to regulate smoking in public parks. That certainly should be up to us to decide. Interestingly cigars were exempt from the legislation because one legislator smokes cigars, and I was told (but have not been able to confirm it) that he owns an interest in a cigar company. Tallahassee is a corrupting place.

You can see the presentation here

It is likely the Governor’s Council will decide the Kanner PUD appeal on August 23^rd in Tallahassee. This is an appeal of the administrative judge’s decision. The docket is not out yet, but Mortell explained that he was told to expect it would be on the docket. If either side does not like the outcome, the next step would be to go to court for further adjudication.

Up to this point contrary to the babble on Facebook, the city has not paid another law firm or consultant to litigate this matter. Remember it was the city that was taken to the administrative court not the other way around. Mike Mortell has done an admirable job in pursuing Stuart’s interest.

Waterblasting Technologies PUD off Commerce Street wants to build an additional 28,000 sq feet of facility at their current location. This will bring jobs to the area that are now in Palm Beach County. The commission approved on first reading and asked that the applicant return with a plan to have more pervious area. They seemed more than willing to accomplish that.

STUART BUDGET MEETING AUGUST 15, 2022

The numbers were not the big talking point of the meeting.

It was the new budget software that had all the commissioner questions, wonder and delight. If it will be truly as interactive as the demonstration at the meeting led us to believe, then transparency will be greatly increased for the citizens. That will only work if the public has access to the enhanced system which was not made clear.

Martin County has nearly the same system, but there is no interactivity with the public. When analyzing their data, though it is all there, it requires either printing out the pages you want to analyze or opening the budget on multiple browsers. Stuart’s map is GIS-driven which allows staff (and hopefully the public) the ability to drill down by address. That can be quite helpful when trying to analyze neighborhood data.

The commissioners said that their questions on the budget had been answered in one-on-one conversations with the manager. I was surprised that public explanations were not provided for this $85 million budget. I did not hear a peep about how it compares to the 2022 budget.

The graphs were listed, and it showed how you could look at the different years with the new software. However, there was no verbal comparisons with other years. I walked out of there and had no idea how much the budget grew from 2022. The manager did mention that there would be a 5% COLA plus 2% merit raises for employees (excluding the uniformed employees whose contracts are still being negotiated).

As each of the department heads took turns on the “hot seat”, the commissioners commented about how well everything was running, but the public had no idea what was going on in the departments. It looks to me like there are 7 or 8 new positions including 4 police officers.

How much does a police officer cost with benefits, gear, and car? They are establishing a 5^th patrol zone but there was no explanation about why the additional zone is being created. The city is not physically bigger, and though we anticipate more residents, they have not materialized yet.

But good planning would tell us to begin hiring now in anticipation of the need. I am not against increasing the force. I think there should have been a better narrative to support the request. That goes across the board. Stuart’s budget is no longer rinky dink. Taxpayers shouldn’t have to be budget analysts to know where their money is going.

Instead of the show focusing on the Scenery (new software), the manager should have put on a show about the numbers…not a line-by-line analysis but an explanation of the “puts and calls.” Where the city is up and where it is down. A show with not only the commissioners as the audience but the entire city.

You can look at the budget here

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CANDIDATES FOR CITY COMMISSION:

The newsletter asked each candidate to provide a statement on why they wanted to be elected or re-elected. If a candidate did not provide the statement in time to be included, then if their statement comes later, we will publish it as a letter.

Group 1 Mark Brechbill

Mark Brechbill did not respond

Group 1 Campbell Rich

Whoever called it “running for office” never sought election in a small, local race. There is no running. But, there is a great deal of walking through neighborhoods and knocking on doors. This time of the year, that is the worst part of campaigning.

It is also the best part of campaigning because you go door-to-door and talk to the people who live in our town. People care a lot about what is happening in Stuart and they take the time to talk about it. Everyone I speak with says that the growth is too much, too fast leading to way too much traffic. They are right.

Here’s why. In 2019, the City prepared the 10-year Evaluation and Assessment Report which describes how the City has done in the past years and where the City thinks we will be in ten years. In 2020, this report was published and stated that by 2035 Stuart would have 2,560 new residents. The City currently has 2,717 units that have been approved to be built over the next two to three years. Many of these are coming available now. Being conservative, that would imply that we will have over 5,000 new residents by 2025. Almost twice as many as anticipated, ten years earlier than we thought. We need to acknowledge this huge growth spurt and figure out how to deal with it.

I am calling for a pause in new residential approvals that require a Comprehensive Plan change or a zoning change. This is called zoning-in-progress. This is not a moratorium. Property owners can build what their current zoning allows them to build. But they cannot come before the City and ask for a change until the City has considered the impacts of what has already been approved and has the time to make changes to the Comprehensive Plan and zoning code, after full public hearings.

My wife Heidi Rich and I have lived in Martin County for 40 years and in Stuart for 28 years. We both worked here and have retired here. We raised our family here. Our adult son lives and works in Stuart. My sister lives and works in Stuart. I have served on the Stuart Local Planning Agency since 2018. When people say that Stuart is changing in big ways, I get it. I also want to do everything I can to help Stuart keep its unique charm in the face of all the changes our little piece of paradise will be confronting.  That’s why I’m “running for office.”

Group 3 Christopher “Doc” Collins

My name is Christopher Collins and I’m running for Stuart City Commission Group 3, because I feel like it’s now or never for Stuart. We see the high density apartments going up everywhere and it’s feeling less and less like home. Traffic is crazy, especially for off-season. I got the official math from the city recently and it makes sense why. Stuart has a population of 16,000 people. Since my opponent took office nearly 4 years ago, commissioners have approved more than 3000 dwelling units, many of which are 1/1 apartments. I’m not happy and most of you aren’t either. If we don’t protect what makes Stuart special, we are going to lose it.

One July 2020 policy change I find particularly disastrous is counting dwelling units under 900 sq ft as .5 units of density. With this math and an RPUD rezone, developers can be approved for almost quadruple the density. They can walk away with a green light for nearly 60 units per acre, even though City zoning only allows for a maximum of 29 units per acre under Planned Urban Development (RPUD). And just like that the rubber stamp approves a project that would otherwise be rejected, angry neighbors at the meeting are averted and the best part is the developer pays the impact fees on 29 units. This amendment to the comprehensive plan was approved by the entire Stuart City Commission including my opponent 4-0…incredible. This needs to be undone immediately.

It ultimately comes down to what kind of a Stuart we want to live in and leave for our kids. Do we want future development to look more like traditional single family homes or high density apartment projects?

About me, I graduated from Martin County High School in 2002. I’m married with 3 little kiddos and we have our single family piece of the pie on Flamingo Avenue. I love where I live and I’m not leaving. I’ve owned and operated a chiropractic practice in downtown Stuart for more than 10 years. As a small business owner I hope to bring a private sector level of efficiency and professionalism to the City Commission. At meetings I am consistently impressed with the quality of City of Stuart staff and look forward to serving along side them. Thank you for your consideration.

Group 3 Merritt Matheson (incumbent)

My platform as a candidate and public servant is clear: honesty, transparency, and commitment. I believe in hands-on governance and community engagement.  I do my research on every issue and thoughtfully consider the limitations and possible outcomes of each decision. I make myself accessible to the public and seek out feedback from residents on a regular basis. I actively support our staff and outside organizations who are working toward the betterment of our city. Importantly, I am an ardent and steadfast advocate for the restoration of the St. Lucie River estuary.

I began doing my research about the City Commission years before I decided to run for office. What I found was a municipality full of dedicated, hard-working professionals—that had hit a rough patch. There was an ultimately unsuccessful search for a replacement City Manager that was costly to taxpayers and resulted in the loss of several top-level City staff. There was uncharacteristic turmoil on the City Commission. The City was on the brink of selling the Sailfish Ball Fields for private development. It was apparent that there was an opportunity to steer the City Commission toward a more engaged, forward-thinking leadership role in the community.

After being elected in 2018, I kept the promises I made during my campaign at the forefront. As anyone can see, the Sailfish Ball Fields are still public land and in active use. We hired a City Manager who brought decades of experience serving the City.

One promise I am most proud of is adopting term limits for City Commissioners. I pushed hard to get such a referendum on the ballot in 2020 and educated voters about it. The referendum passed handily. Beginning this term, commissioners now serve four-year terms with a maximum limit of 12 years. Imagine if every level of government had term limits.

My platform will always include water advocacy. I pushed for the City to add a full-time River Advocate to the staff, and my fellow commissioners appointed me the point person to speak on behalf of the City about our stance on water issues. The City took an active role in the new strategic plan for how the ACOE* will manage Lake Okeechobee. The City has also hosted multiple officials from the SFWMD* and the ACOE, including the U.S. Army Commanding General for the South Atlantic Division, on immersive boat tours of the St. Lucie River. These tours offered decision-makers first-hand experience of our natural ecosystem and gave the City and other river advocates a platform for showing the vital importance of stopping the discharges.

This spring, I was able to spearhead a Residential Street Tree Program, offering mature, native shade trees to residents to shade public areas adjacent to their property. The first round of 14 trees were planted and we plan to cycle the program through different neighborhoods in the City, focusing on areas that lack shade.

I welcome anyone who would like to learn more about my record to visit my website or contact me. There are always new issues facing our city that require careful consideration, an open mind, and open communication. If there is one takeaway, I hope you remember about me it’s that I’m all in, all the time. Representing my fellow City residents is an honor I don’t take for granted, and I will always do my best to serve the needs of the people first before all else.

Thank you,

Group 5 Eula R. Clarke (incumbent)

As a long time Stuart resident since 1988, I am committed to continuing to serve the residents of Stuart as the Group V Seat Commissioner for the next four years. Serving as a City Commissioner, including several terms as Mayor, since January 2011 has provided me a tremendous opportunity to “give back” to this great community. Recognizing all of the challenges we will continue to face, it is my commitment to maximize all available resources for the betterment of our city. With “Unity in the Community”, we can work to enhance our vibrant City where we live, work, and play in our parks, waterways and  neighborhoods.

What does Eula Clarke stand for:

>Transparency and Integrity in Government which are highly essential to successful leadership.

>Maintaining our Police and Fire Departments as an integral part of our municipal government.

>Advocating for Infill Redevelopment and Neighborhood Revitalization using my background in Urban Planning (MSP-FSU) and Law (JD-UF).

>Supporting the efforts to recognize the cultural and historic assets within the East Stuart Community which will  bring vibrancy to East Stuart and provide opportunities for community reinvestment and economic development.

>My goal is to achieve economic success through Strategic Planning. Together we can work to maintain our small-town charm and balance new development within our community through “zoning in progress” and other planning tools.

>Stuart is truly special and the Arts, Culture and Ecotourism are great assets which makes our “small town” stand out. I will continue to support opportunities for the “Arts” in our community.   An ardent supporter of the Arts Council since its inception in 1988, I have served as a Board Member of Martin Arts.

>As we move forward, there is full awareness that maintaining our “small town charm” has to be balanced with the need for affordable,  work force housing, responding to homelessness and utilizing opportunities for economic development. Complex housing solutions may require partnering with the private sector and grant agencies and we can work together to overcome these challenges.

> As your Commissioner, I will maintain an open door policy and listen well to residents to ensure successful leadership.

“Stuart on the St. Lucie” is a place of awesome Charm and Beauty and   advocating for Clean Water/ Stop Toxic Discharges and “Adjust the Flow” of Water to the South will be a top priority as your commissioner. Some current community activities include: Board Member- Martin Audobon Inc., and Martin County Boys & Girls Club; Member- Soroptimist, Woman’s Club of Stuart, Stuart Heritage and Stuart Main Street.

“Sincere Service and Passionate Advocacy” is what I stand for … Vote for Eula Clarke for Stuart City Commission on August 23, 2022  -Non-Partisan City Elections!!.

Group 5 William Laughlin

Aside from laughing, the first thought I had when asked to run for a political office was to say, “Yea, NO!”. However, those asking were good people, the kind of people I’ve seen give away their most valuable asset, time, helping our community. They’ve spent countless hours away from their own family and children while helping others. These are the kind of people I feel comfortable calling my friends. They asked not for themselves, but for our community we love. They asked because they knew I had knowledge of what was driving the narrative that would see the charming Stuart brought to an end and turned into just another stop in the narrative’s idealistic urban jungle. For those who have seen enough and would like Stuart to preserve its iconic charm, I am your huckleberry.

It was 1993 when I moved to the Stuart area, accepting a call to teach at Redeemer Lutheran Church and School, moving inside the Stuart city boundary in 1994. It was a combination of great people, small city charm and great fishing that lured and have kept me here.

Stuart had hooked me. Despite some long commutes as I sought to better understand our education system at destinations with the Department of Juvenile Justice and our own public school system, in Stuart I stayed. Having majored in Secondary Education and History, along with a minor in Biology, I’ve always sought answers. Curious to get a better understanding of what drives the events impacting our lives I began studying financial markets in 1994 and in 2009 started an asset management company which I currently manage. The skillset I have developed over these years enables me to see through the narrative disguised in virtue yet intent to see small towns across America wither away and die or if in a strategic location, like Stuart, turned into densely packed urban areas.

The Stuart commissioners have bought into this narrative. Their plan involves building high-density residential projects. We’ve only seen the beginning of their plan for high- density development. The past two years along with their recommended changes to zoning in the Stuart Comprehensive Plan indicate their future intentions. In other words, they intend to bring more of the same. Enough is enough!

For the first time ever, I gave thought of moving. But there are good people here, on both sides of the bridge. There is reason to make a stand. So, I have agreed to run. I do not intend to see our small town shot out from under us. Have you seen enough? If so, let’s make a stand together right here, right now!

Though the candidates are listed by the seat they are running to represent, they are elected by every voter in the city.

STUART CITY COMMISSION JUNE 26, 2022:

Project Manager Michele Berger gave a presentation on the 2013 strategic plan’s progress.

The plan’s goals and objectives are substantially completed two years ahead of schedule. The commission asked that staff begin work on a new plan. You can find the presentation here

For the third time, the tree ordinance that was not previously written clearly enough was passed. During public comment, there was some chatter that it was not tough enough. In practice, this ordinance will make the few projects that remove trees slated to remain end up paying dearly.

People may not realize that most development is done through a PUD agreement. Removing trees that should not be removed is a breach of the PUD agreement. The ordinance makes the penalties clear and substantial including planting replacements and paying into the city’s tree fund for additional trees in other locations.

The city cannot halt the project because of a failure to comply with the tree ordinance.  Unless the taxpayers are ready to pay huge sums of money for depriving the developer of their property rights, then this is the correct remedy. If it is serious enough, like what happened earlier this year in North Stuart, that would cost the developer several hundred thousand dollars.

In an earlier meeting that afternoon, the CRA approved implementation of the valet parking program for December through April on the weekends. It will cost $5.00 per car. A row of spaces in front of City Hall will be the staging area after 5 pm. The lot behind the feed store will be exclusively for the valet’s use.

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COMMISSION MEETING APRIL 25, 2022:

The finance director gave a mid-year report on the city’s budget.

Expenses are less than budgeted and income is more. That is the way that it should be. The director pointed out that overtime is higher but that is due to a lack of employees. Like everywhere else, filling positions has become increasingly difficult.

The city wisely budgeted $4.00 per gallon for gas which gives them the cushion necessary to not be way over budget in this category. Gas prices will hit next year’s budget much harder. You can look at his presentation HERE

Oak Classical Academy, a hybrid home schooling model, was approved last year for twenty-five students. It is located at St. Mary’s Church on East Ocean Boulevard. The school now wants to have ninety students and operate classes to 8^th grade. The students learn at home three days a week. The other two days a week, the children come to the academy and have a classroom experience.

This will have no impact on the church or the surrounding neighborhoods. A motion was made by McDonald and seconded by Clarke. It passed 5-0. You can see the presentation HERE

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COMMISSION MEETING MARCH 14, 2022:

It was a quiet meeting. The arts moment, proclamations, employee recognitions, and a presentation took up the bulk of time.

There was a presentation explaining the public benefit derived from the Avonlea project which is north of the bridge. Avonlea began a quarter of a century ago. Until about 2014 it was mostly a commercial project. Then great hopes happened. It seemed it was going to be a mini-Newfield. Mixed use with an adopted code.

That didn’t last long. It soon seemed the property was being developed without a vision. Every parcel was a separate entity. There was no more integration. And that was fine since an owner has a right to develop his property. We need to remember the owner was the one who originally wanted a walkable neighborhood with everything within the community.

As to public benefit, it wasn’t clear even after the presentation. There is upland preserve and wetlands there though no integration between parcels. What has happened is every parcel has or is being developed as separate pieces of property. So much for a concept or idea or a neighborhood.

You can see the presentation here

Hudson’s (on the site of the old Pelican at the end of the peninsula) has had a soft opening. It is not the same place. It will be a huge benefit to our community and should be income-producing for our city sometime in the future when they begin paying rent.

However, parking would be an issue. The city and Hudson’s will be looking into a valet agreement which will set aside 33 spaces. It is a free valet and non-customers could take advantage of the service. For example, patrons of Flagler Center could use the valet as well.

It is a trial and could be tweaked. I have a feeling that this valet will be successful as opposed to other ventures in the past.

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COMMISSION MEETING FEBRUARY 28, 2022:

It is not often that both the LPA (in a unanimous vote) and staff recommend outright denial of a project. Silverthorne has that distinction.

The parcel is 9 ½ acres bordered by US 1 and Commerce Avenue. The developer, Meritage Homes, wants to change the land use from commercial to residential. They propose 86 townhouses which will be for sale. A good project? Perhaps, but the commission has no desire to add any more housing units outside the CRA.

With commercial zoning, the commercial parcel can have a variety of users. If this rezoning is denied (and it probably will be), I have heard there is another self-storage place ready to go.

If this project had come in a year ago, I believe it would have been approved. Perhaps if they waited another 12 to 18 months, it would be approved. Who knows? Until already-approved projects are built, and their impacts can be examined, no new projects should be approved. The commission has said they are not interested in any other residential development unless it is as of right outside the CRA.

It is not clear why the applicant wants a month’s extension. I would be very surprised if there are three votes to support this project and it could be a unanimous no.

Clarke made a motion to postpone this item until the March 22nd meeting. It was seconded by Bruner and passed 5-0.

The commission also approved a “tree ordinance” that if trees are removed by a developer without a permit or the removal was not in the approved plan, there is a three to one ratio penalty. The fine will be paid into the tree fund with preference given to restoration of the property. The penalty is calculated by the circumference of the tree removed.

There needs to be more than just this, however. What about destruction of preserve areas. That is what happened which precipitated the tree ordinance. In a preserve, there are other plants beside trees that would need to be replaced.

The vote was 5-0 to adopt.

You can view the ordinance here

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COMMISSION MEETING JANUARY 10, 2021:

There was an excellent presentation from Fire Chief Felicione.

He outlined the past and the future. The good and the bad. It was very informative.

Now that a new Inter Local Agreement has been signed with the county (one I understand that the county prepared), there should be no doubt which agency is responsible for which territory. It should be a rare occurrence when Stuart is asked by the county to respond or for the city to ask the county to respond.

The head of the fire union was present and praised the chief and city staff for working together with the rank and file on a common goal. In the next few months, there will be increased tension between the city and county departments. The county is actively trying to poach city department members.

Does the county pay more? Absolutely, but the city personnel in my opinion have a better opportunity for advancement and easier method of having their grievances heard because of the smaller size of the department. And normally I would say that the market would decide. Yet the county has individually called Stuart’s employees to entice them with goodies. A sad commentary in my opinion on the county.

The city is committed to building a third house north of the bridge to service that area. Currently, there is a rescue vehicle on city land with a tricked-out camper to act as their home. Once a new station is built it well, be fully staffed with an engine and a compliment of firefighters.

My worry is that the city manager and commission are allowing political pressures to delay the building of a station. They need to pick a spot and ignore the inevitable NIMBY protests and do what is best for the welfare of all the city’s citizens and taxpayers.

The chief’s presentation can be found here

MONTEREY MEDICAL

My understanding of this agenda item took a complete turn from the time I walked into the meeting to when I left.

I completely misunderstood what this agenda item was about. I am not so sure four of the commissioners had any better understanding either. I looked at it as if it was a PUD amendment which would open up questions of parking and whether that open space should be made into parking which would have allowed the commission to negotiate with the applicant.  However, it was not a PUD amendment.

From day one, the Monterey building never had adequate parking. It has been a nightmare for the tenants, their patients, and anyone trying to go inside for an appointment. So, when they were requesting to take open space for parking, I was all for denying it until they did something more than add a few spaces.

My understanding of what the commission was being asked to decide was dead wrong. There was no maneuverability available to the commission to trade off this for that.

The sole question before the board was whether what the applicant wanted to do complied with code. Because of the way the city’s code is written, the only thing the city commission must determine is whether the code is being followed. It is the same as an application for a permit…if it complies, then the answer is yes.

What was not before the commission was a negotiation for more parking or whether to allow cutting down trees. I was right with Clark and Matheson (who voted no) to deny the applicant what he wanted to do for environmental and parking reasons. But a commissioner cannot vote no if it complies with the law because of the way the item was added to the agenda and presented.

I started to understand what was required when the city attorney was trying to make the commission understand what was being asked of them. Unfortunately, Mortell was shut down by the commissioners. Commissioner Meier cited 11.01.02 of the code as to what the commission was voting on. It is a simple yes or no. Meier understood. Because storm water element was opened by the applicant perhaps something with that technology would have been appropriate for the commissioners to discuss.

I am not privy to any conversations that the commissioners had with the city manager, city attorney, or the development director. To me it would have been a simple conversation to have with each prior to the meeting. Since the commissioners are not the experts, they must rely on staff to tell them what their obligations are. It doesn’t appear that was done or, if it was attempted, that it was clearly explained to them.

If I had been a commissioner when I walked into that meeting with the understanding I had, I would have voted no. By the time, the agenda item was over, there could only be one way to vote and that was yes to follow the law. A memo to the commission by the city attorney/development director/city manager outlining this before the meeting would have gone a long way. Then each commissioner could have explained why they were voting yes even though wanting to vote no.

If the commissioners were told what they were obligated to do under the state statute and city code then decided to do what they wanted, the resulting legal action would have been on them. Staff sometimes must be insistent before the meeting.

The motion placed a condition that they must keep 30 spaces at Truist Bank building or some other off premise area, a plan to maintain the parking area, and a nutrient reduction plan that equates to the same as the dry retention. The vote was 3-2 with Matheson and Clarke voting no.

The city’s presentation can be found here

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CITY COMMISSION MEETING NOV. 22, 2021

Jessie Seymour, of the Treasure Coast Regional Planning Council, made a presentation to the commission about the meaning of a form-based code.

The last time Stuart’s code was updated was in 2004-2006. Her presentation touched on what is right and what is wrong with the current code. Ms. Seymour went into what urban design means.

Most of us have a misunderstanding of what is meant by urban when it comes to planning. Urban planning means that there is a multi-disciplinary process in the design of towns and cities. The key to understanding is not to think of the word urban in the context as being something to do with density. Rather, it is the design of buildings and infrastructure for any rural, suburban, or big city and how each project interacts with the other.

According to the Form Based Code Institute “A form-based code is a land development regulation that fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law. A form-based code offers a powerful alternative to conventional zoning regulation.”

As Seymour explained, it gives predictable built results. Developers and residents know what can go within the neighborhood envelope. Conventional code is site specific. In that case, every project looks to itself and not how it can fit into a neighborhood with cohesion.

With a form-based code there is more graphics than pages of written code. Conventional code is the micromanagement of every site to a particular outcome. Form-based code uses can vary from each other and over time, but there is a set of guiding principles such as having the building line at the streetscape regardless of if the project is residential or commercial

If a form-based code is adopted for the Creek District and East Stuart, then the biggest way it could fail would be for the commission to then make PUD exceptions. Friend “A” of Commissioner “B” wants to not have two stories where that is what the code requires.

Though Colorado Avenue is not form-based code, there was the “Duany” Plan. That plan envisioned Colorado as a walkable mixed-use area with buildings built to the sidewalk. Instead in the 30 years since the inception of that plan, every project has asked and received from the commission an exception not to follow it. The result is that Colorado Avenue is not an enjoyable walk from Federal Highway to Confusion Corner as it was intended.

I hope the commission does indeed approve a form-based code after public input. Then this current commission and any subsequent ones need to take a hands-off approach for the decades needed for the results to be known.

Seymour’s presentation can be found  here

In their discussion portion of the agenda, the commission was to tackle development issues.

Bruner (City Of Stuart)

Right out of the box, Bruner stated that in the past the commission would approve projects and then most would not be built. Currently, it is different with many already breaking ground. She stated that if someone wanted to use straight zoning that would be fine. Until she saw these units come online and how they affect the city, she would be very hesitant to vote yes for exceptions to the already approved zoning.

City Attorney Mortell explained the differences between a zoning-in-process (ZIP) and a moratorium. The most recent example of a ZIP in the city was when the legislature approved marijuana dispensaries. For several months after the passage of a ZIP, there could be no dispensaries in Stuart. Eventually, the commission decided not to ban them but to follow state guidelines and allow them wherever pharmacies were located. A moratorium is where no applications are processed.

Development Director Freeman gave a short presentation regarding what has been approved. He believes the market land values and market demand are now in equilibrium. Residential and commercial development are cyclical. Currently, Stuart is in the residential phase. At some point, as the units come online there will be a need for commercial space for those residents.

Freeman’s presentation can be found here

Of the one million square feet of commercial space approved in the past half have been for storage space. The comp plan allows under normal zoning 22,526 units within the city and a maximum of 39,563 units. There are under 100 acres of major sites still left. Dyess stated that there is 726 acres of vacant property in the entire city including conservation land.

Troy McDonald

McDonald does not want to see either a ZIP or moratorium. He does not want any land use changes except within the CRA where parcels for redevelopment would be small infill projects. Troy wants to look at storm water sustainability and street flooding.

Matheson wants to also look at storm water. He wants to explore owners holding more water on their lands. He is concerned about schools. Merritt is keenly aware of the capacity of schools and how new development will affect them.

Meier does not want a ZIP. Like his colleagues, he does not want PUDs outside of the CRA for now. He believes the CRA needs to be a priority. He also worried about the word going out that Stuart is closed for business. He is a market-oriented person, but he wants to make sure the city can absorb the growth.

He spoke about creative strategies for traffic. Meier reminded everyone that the perceived increase in traffic is not due to any approved projects since only a handful of new units in the city have come online. Port St. Lucie and, to a lesser extent Martin County, development have increased that traffic through their approval processes of new units.

It would appear the commission is ready to watch and wait before approving new PUDs outside the CRA. Together with enacting form-based codes for specific areas, the city may finally be showing a new attitude toward creating a viable urban area. It will be up to the commission to hold the line until the approved units come online and the effects are known. It is a mature decision.

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Stuart Vice-Mayor Merritt Matheson is the commission’s liaison to the LOSUM process and has been intimately involved. He works closely with both city and county staff to monitor not only Lake Okeechobee but also storm water, wastewater, and our environment. He has contributed the following article that I believe belongs here with Stuart:

LOSUM IS HERE

By Merritt Matheson

Last Tuesday, the U.S. Army Corps of Engineers laid the groundwork for how they plan to manage Lake Okeechobee for the next 10 years by announcing the preferred alternative model run and its key characteristics. It has taken roughly three years to reach this significant milestone. This preferred alternative (260467) will be the baseline for Lake Okeechobee System Operations Manual (LOSOM) and will dictate how the Corps and South Florida Water Management District (SFWMD) will operate the lake for most likely the next decade.

Through the LOSOM process the various stakeholders worked with the Corps to establish quantifiable performance metrics.  Primary stakeholders are those advocating for lake ecology, southern Everglades, water supply, St. Lucie Estuary and Caloosahatchee Estuary.  Performance metrics varied across stakeholders and their respective goals as well as times of year.  Flows south, east, and west as well as lake height and water use restrictions factored into the creation of metrics.

For Stuart and the St. Lucie Estuary the main performance metric was volume of discharges, with a goal of zero.  Early in the process we worked hard to establish what many in the area know. All regulatory discharges into the St. Lucie from Lake Okeechobee are harmful and we receive zero benefit from them. The current lake management plan we operate under, LORS-08 (fig 1), inaccurately classifies some lake releases into the St. Lucie as beneficial and allows regular discharges with a lake height as low as roughly 12.5 ft. (beneficial use).

So how does the new preferred alternative for LOSOM stack up when compared to the current plan LORS-08?  It is certainly an improvement. The first big takeaway is the success of LOSOM acknowledging that all regulatory lake discharges into the St. Lucie are harmful. Currently, as LOSOM stands, no lake water will flow into the St. Lucie when the lake is below roughly 16.5 ft (fig 2). This is a significant improvement.

The modeled average annual volume of Lake Okeechobee regulatory discharges will be reduced 37%. The frequency of discharges into the St. Lucie will be reduced about 87% of the time, giving our estuary more time to recover. The plan sends more beneficial water south, roughly three times as much. As well, more beneficial water will flow west to the Caloosahatchee.

About a year into the LOSOM process one of the meetings focused on the discussion of balance and what it meant to the various stakeholders. While seeking a new, improved and “balanced” management plan for all is an admirable objective my thoughts on “balance” for the St. Lucie are the same as they were in my written comments to the Corps then.

The adopted LOSOM preferred alternative, run 260467, is certainly an improvement over the current lake management plan but it is not balanced for the St. Lucie.  “Balance” implies a shared benefit that may come with any harm.  For some stakeholders that may be increased beneficial water flows with a reduction in damaging flows, for others the benefits include increased assurances in water supply with less chance of water restrictions.

Unfortunately, for the St. Lucie Estuary we are unnaturally tied to a system from which we receive no benefit. All Lake Okeechobee regulatory discharges into our estuary are harmful, plain and simple.  We remain the second largest overflow valve on the lake and while many may benefit from high lake levels, the St. Lucie will take a hit when Mother Nature sends us too much water.

For the St. Lucie, true “balance” remains a goal separated by infrastructure projects.  Our goal is one in which we are removed from the system, with a plan in which no regulatory discharges are sent our way.

STUART CITY COMMISSION MEETING NOV. 8, 2021

Ben Hogarth made an exhaustive presentation on where the current LOSUM deliberations stand.

The Corps intends to publish the schedule on November 16^th. As of now, it looks like the St. Lucie will not receive discharges for most of the year unless the lake is over 17 feet. While not as good as the vaunted CC schedule, if this is the one that the Corps adopts, then it is the next best thing.

If you want to read about the ins and outs of various plans please go here

During commissioner comments, it was clear that the recent LPA meeting was topmost in commissioner’s minds (see my comments in the “News & Views” section of this edition). They want to have one more housing workshop. I think this will be number 6. Is it really needed?

They should tie it in with a workshop on storm water which would go a long way in resolving future development concerns if that issue could be put to bed. In my opinion, the city manager should not have the development director or local planning people involved including the Treasure Coast Planning Council which have presented many times on housing issues.

A fresh perspective is needed and one that does not have any vested interest. Reach out to the academic community for experts in both these disciplines. They will bring a different outside perspective to storm water and housing. The best workshop that I attended was one that was held by the city and was on a Saturday. There was no public comment only the commissioners speaking to each other and the facilitators providing information. Otherwise, it will be one more failure.

The city manager stated that Brightline is doing a scoping study on the bridge. Will a new bridge be built? Without federal funds probably not. They are double tracking through downtown. However, they do not anticipate taking back any of the leased parking spaces.

What do you do when you have a piece of property that makes it nearly impossible to build the house you want on it? Dave Bournique is asking himself that question after this meeting.

Bournique bought a lot on Indian Groves Drive years ago. He claims the development department at the time said it was a full-size buildable lot. Well, that was then this is now. About six months ago, he came before the commission to request variances to build a duplex. The commission was not receptive and did not vote which allowed him to bring back something at this meeting without paying the development fees.

The commission at that time did tell him that they wanted it scaled down etc. Did he do enough scaling down? Apparently for most of the commission, the answer was no.

Except for McDonald, the commission was adamant that the wetland buffers be preserved. They were a little more forgiving on setbacks. He had planned a 1600 sq foot single family house under air with a 500 sq foot garage.

After back and forth discussion, a motion was made by Matheson and seconded by Meier “To approve altering the minimum average width of the upland buffer to 40 ft. and the upland buffer at no point less than 40 ft. for the 2^nd requested variance, and in doing so, altering the 3^rd requested variance for the construction setback to be included within the 40 ft. buffer and with the condition of approval for those variances for the rear wetland buffers for the side setbacks to be as proposed in the plan, with 10 ft. with the option to fast track it if it’s proposed for a single-family structure, and go right to permitting.”

It passes 4-1 with McDonald dissenting.

You can see the staff presentation here

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STUART CITY COMMISSION MEETING OCTOBER 11, 2021

The presentation was storm water treatment this afternoon.

The city’s consultant, Joe Capra, led the presentation. There are three parts…conveyance, storage, and discharge. Millions will have to be spent over the next couple of decades. Stuart has a high vulnerability for flooding.

Currently Stuart charges $7 per ERU (Equivalent Residential Unit.) The average in Florida is $7.99. It is not only having the infrastructure to treat and store the water, but another huge component is also maintaining the infrastructure you have. Martin County may be looking to institute a storm water fee instead of using the general fund and an MSTU. A utility fee like Stuart’s is the fairest method.

Meier understands that if property owners limit the amount of water that is released for the city to deal with then it would be the independent property owner who would be responsible. In that case, it would make sense to give the property owner credits toward the amount billed.

You can see the entire presentation here

The meeting didn’t really begin until 2.5 hours after its 4:00 pm start time. There was proclamation upon proclamation. Awards, highlights, arts moments, and everything else you can think of. The BOCC has their meetings in about 3 hours. Stuart’s meeting lengths have once again gotten out of hand.

The purpose of a meeting is to do city business. An occasional proclamation within strict guidelines is fine. All the rest reminds me of an elementary school assembly or high school pep rally. Can Stuart just get down to business and move the meeting along. By 8:00 there was adjournment. That means if you had moved Capra’s storm water presentation to the body of the meeting it was 2 hours. The next thing you know, there will be circus acts and clown cars.

DEVELOPMENT

There was a request for a new plat application called Tidewater Court on one acre on St Lucie Blvd. There will be 10 cottage lots and a private street maintained by a homeowner’s association. Trash will be handled by individual bins that will be kept at the entrance. The applicant has agreed to allow the police the right to enforce traffic laws on the private street.

It seems to be the perfect development for Stuart. It will allow for individual homes that are not multi-family. Perhaps the plan should have a turnaround at the end of the street. Emergency vehicles, trucks, and other larger commercial vehicles will have to back up and out. Of course, the development would have ended up with only 8 homes instead of 10, but it would have been a better development.

The second “development” problem was Osprey Preserve in North Stuart that was approved by the commission in 2017. It has gone through a couple of changes since then. It is finally being built. There was a preserve element that the developer decided to completely strip away in direct violation of the development order.

The builder claims it was not on purpose. Maybe it wasn’t, but clearly it is marked as a preserve area on the plans. I have a sneaking suspicion it was not accidental, and by tearing out the preserve area, the public will see the models going up. It also gives Meritage Homes, the developer, the opportunity to plant a more nuanced land scape.

McDonald, Meier, and Matheson struggled to find the balance. Meier caught that the amount that the developer would have to contribute to the tree fund was calculated incorrectly. Meier did like their plan for replanting and Matheson and McDonald were able to have larger trees inserted than what was proposed.

The developer will be placing a $500,000 bond to make sure that the plan will be completed. Of course, the plan will be done. It becomes part of their landscaping. The commission wanted them to plant it before they did vertical construction. They want to do it by the end of January and most of the construction will be under way.

The commission was in a bit of a bind. They could declare the project in breach of the development order or do what they are doing which is making the best of a bad situation. There should be a third alternative having to do with penalties. There doesn’t seem to be anything in the code. The commission should instruct the city attorney to create something which is substantial enough to deter this type of conduct in the future.

In my opinion, the developer knew what was happening. He decided his project was better with a more man-made landscaped buffer. Leaving the site exposed to traffic would create interest and the mitigation expense was worth it.

The city should remember this. I understand there are other developments coming forward from them. BEWARE is all that I can think.

The replacement buffer and information can be found here here

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CRA MEETING AUGUST 23, 2021:

Jessica Seymour of the Treasure Coast Planning Council gave a presentation regarding the area known as the Triangle District.

It was very informative and in general the board liked it sufficiently to ask that it be brought back as a formal resolution for adoption. The area encompasses Federal Highway to Dixie Highway and the streets of California, Camden, and Akron. Within that, the most urgent problem needing attention is the Baptist Church property. It is for sale and would be key to keeping the district in proportion to the historic nature of some of the existing uses.

The board passed the CRA budget for 2022. It is more than $3.5 million. Contrary to what we thought was going to occur with COVID, which was a slow down with tax proceeds and property values being reduced, instead we are still in a very hot market. There are many worthy projects that will benefit from increased funding or new projects. That does not mean the board and commission should waste taxpayer dollars.

Three years ago, the commission made a deal with Stuart Main Street that, in return for a very favorable lease for Flagler Place, Main Street would be weaned from its City of Stuart subsidy of $70,000 per year. It was to occur over three years with funding levels decreasing each year. This is the third budget year, and the organization is still receiving the full $70,000.

That is the problem with government. It can be seen with the county commission, other municipalities, and Stuart. Why is it that this non-profit deserves such government largess year after year? It is simple…political insiders on the board (mostly not even Stuart residents) collecting money from Stuart taxpayers for what purpose?

If asked, they would say they are performing valuable services for the downtown like “Rockin’ Riverwalk,” various craft sales events, and a couple of festivals. How valuable are they to the city? The organizations may say that they bring people to our stores and restaurants. Where is the study by a professional organization that bears that out?

And say that, for argument’s sake, Main Street’s role does result in increased revenue for local businesses. Why then wouldn’t the downtown businesses chip in to fund such a great organization? A review of the membership roster of Main Street would show that it is not composed of downtown business owners but rather an assortment of mostly non-Stuart residents who meet once a month and do what?

If the commission believes that Stuart Main Street should have a $70,000 subsidy, a cheap lease on Flagler Place, and now the Stuart Sunday Market at less than the previous vendor paid, then debate it in public. Don’t hide it in the budget and suggest that fiscal prudence is key. Meier and Matheson have made a little noise about the subsidy but really have not tackled the reasoning for it to continue pass the three-year deadline that was originally agreed upon.

$70,000 can be better spent by the commission within the CRA than providing the Flagler Center clubhouse for select friends. This is the kind of corrupt deal that makes people cringe.

COMMISSION MEETING AUGUST 23, 2021:

During his comments, Commissioner Matheson called for a discussion about our current wetland regulations. It may be because commissioners have need for mea culpas for their Costco vote.

Matheson said we should look at the county’s rules. The county’s rules cause more problems than the city’s regulations. They also were written for an area many times larger than the city’s seven square miles. What is good for 500 acres does not work for 20 or 1 acre.

Several years ago, before Meier was a commissioner, several parcels came in for approval. I remember then Citizen Meier made an impassioned public comment about how this landowner was asking to mitigate wetlands not on individual parcels but by taking one parcel and placing all the wetland there for the entire project. His solution did not produce a feel-good result of a little here and a little there. What he did was create a real habitat.

MEIER

At times Meier and especially Matheson have used the PUD process to gain more in the way of concessions than what would have been if just code had been followed. That is a good outcome.

It was obvious to McDonald, and he said so, that Stuart just did an overall comprehensive plan review and did not change its wetland regulations. Stuart has about come to the end of annexation of county properties. There is just not much left.  What the city has are infill areas. Small areas need a different approach than adopting the county’ s wetlands regulations.

The motion to have a workshop was 5-0. Who would vote against mom and apple pie? There have been many workshops on affordable housing, housing, more housing, etc., and the result has always been the same…work for the staff and a finding that the city has had it right all along.

LAND SALES AND SCHOOLS

In Stuart in 2008, the first attempt was made to net lease a property known as North Point just north of the old Roosevelt Bridge. Fast forward to 2021 and the commission approved a sale under certain parameters. A public referendum a few years ago gave the city permission to sell the property instead of lease it.

Over the years several, would-be developers took turns attempting to buy or lease the land for boat yards, office buildings and hotels. Yet magically their ideas were more dreams or concepts, but most definitely they never came to fruition.

The latest incarnation of the art of this deal is to buy the property subject to an appraisal. There was no talk at the meeting of what will be built there but probably a restaurant, maybe an office building and perhaps boat slips could be contemplated. After 15 years, I cannot become too enthusiastic about the chances of success.

It passed 5-0.

Then came the second piece of city-owned property for sale. Several years ago, as part of the approval of what is now Osprey Preserve, a developer gave a piece of land (1.78 acres) to the city for a future fire station. The city has determined that the station would not be well situated there.

It received an unsolicited offer for that property with the price subject to an appraisal. There was a little hemming and hawing by Meier regarding whether it should be sold because of the types of trees on the property. When it was discovered that the tree fund had money, but nothing had been set aside for a station McDonald inserted a provision that the proceeds should be allocated to building a fire/rescue station north of the bridge.

Meier was a little hesitant but ultimately relinquished and voted for the sale since it was an isolated piece. It passed 5-0. Since a new fire station will be within the CRA how about diverting the Main Street money to something that needs to be funded.

The Oaks Classical Christian Academy needed conditional use approval to rent a couple of classrooms at St. Mary’s Church on East Ocean for its school. It is conditioned on the 18 students that are currently registered but no more than 25 can be enrolled. A group of moms appeared to plead their case. It is home schooling with a part time classroom component.

I would imagine that after a few years as the children become older and need more sophisticated classes, this will fade away. Until then, the commission voted 5-0 to approve.

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McDONALD RE-ELECTED

Troy McDonald has won reelection to the Stuart City Commission with 67% of the vote for a new three-year term.

McDonald’s victory for his second consecutive win over Caryn Hall in a low turnout election was not a surprise. He has shown himself to be a capable commissioner. He is at his best when he does not allow his political side to come to the forefront. Pandering is not enduring.

My advice to Troy and every commissioner is to remember that they represent the citizens of Stuart. While they should not ignore those that live outside the city, their constituents live within the 7 square miles of the city’s boundaries. That should never be forgotten.

McDonald is good at forging compromises between his fellow commissioners during deliberations. When he accomplishes this is when he is at his best. It also seems McDonald now has learned the value of not having to comment on every matter and therefore when he does say something it has added significance.

I think these new traits served him well in his re-election and their continuation would serve him well as a commissioner going forward. I congratulate his victory and I believe that he was the right choice for Stuart.

CITY COMMISSION MEETING AUGUST 9, 2021:

This was the Costco meeting that we have been waiting for.

As public comment began, first on Zoom and then in person, I counted the speakers that were pro and con. There were many more who spoke in opposition. However, from the beginning the emails the commission received were much more in favor. I also counted how many speakers live within the city limits, the overwhelming majority did not.

A couple of speakers, who live in the Florida Club, which is far outside the city boundaries, said that this development would ruin the character of Stuart and would be a degradation of open land. The Florida Club was built on untouched land. It is sprawl built far away from anything. I would imagine there were wetlands that were bulldozed to build those houses. The Costco site is an old farm with “wetlands” that were created by the farmer digging up his property.

In the last newsletter, I criticized Mayor Clarke. This time I am going to praise her for her efforts to keep things moving. She was stronger in the beginning than at the end but most of us were also. She did a good job.

Several speakers, most from outside the city boundaries, complained about traffic impacts. Kanner Highway was not expanded to 6 lanes by the city but rather by the state and with the MPO, a county organization, doing the planning and funding the construction. Those bodies did this because they wanted Kanner to become a major residential and commercial corridor.

There is a bridge to Palm City on the corner of Monterey and Kanner and another bridge to Palm City at Indian Street and Kanner. Costco’s prime shoppers live in Palm City not in St. Lucie County or Stuart. That is the reason they first wanted to locate there. Of course, residents from both the city and a few from St. Lucie County will be their customers also.

One speaker, who lives in Stuart and is a frequent critic of almost everything, is against this too. Ironically, he lives and owns the Stuart building with the greatest density within the city. This project will have 8 units per acre. His has 32 units per acre.

Another speaker claimed that this development would produce a crammed residential neighborhood. That statement is a bit ludicrous given the facts provided in the previous paragraph. As a city resident who lives in a single-family home, I am not anti-single-family home. They have a place within Stuart. This spot is not the place for them.

The silliest statement may be “just because people want to live here doesn’t mean you must accommodate them.” Unless you are a native American, this applies to all of us whether you are a descendant from one of our pioneer families or moved here last week.  There is universal agreement that we do not build over every piece of Martin County. But we need to do so within our urban centers. This is within an urban center.

Jimmy Smith, who is the president of the N.A.A.C.P. of Martin County, made a very compelling argument. We have lost 3000 to 4000 residents because they cannot find jobs or a place to live. These apartments will not provide affordable housing, but the jobs Costco and the other retail enterprises will generate will lift many people out of the minimum wage trap they are in.

Smith went on to mention that many former prison inmates who have paid their debts to society need jobs. Costco has a program to employ these people. Some will undoubtedly return to crime but without a viable path forward including a job, more will do so. If fathers and mothers have a presence in their children’s lives, then the next generation is more apt to be productive members of society.

Jimmy is also a small businessperson. He relies on these types of stores to get his supplies. Several others spoke about the waste of time having to drive to Palm Beach or Fort Pierce to buy what they need for their businesses. They also mentioned that they would rather spend their money where they live including paying sales taxes.

Yet the most common public comment was about how the comp plan was being violated. I go into it quite a bit in the “News & Views” Section above.

Yes, there are tradeoffs. And there were some valid concerns expressed. Unfortunately, we are conditioned to think in terms of black and white. The world and our system are not that but rather grays, and so the commission and staff must deal in grays.

QUASI JUDICIAL HEARING

Bob Raynes, the attorney for the developer, had an objection to both intervenors not qualifying under Florida statute. The city tends to give that status to anyone who applies for it and pays the $400 fee. If Raynes ends up appealing any decision in district court, he has made his objection to their status.

Raynes had an objection to Intervenor One, Linda Kay Richards, as well as witnesses that were appearing and testifying by Zoom. He said the reason the hearing was carried over to this date was because these witnesses were not available in person earlier. His reasoning was that it is harder to cross-examine when they are not in person.

His second objection was that since the witnesses were not present and one was not even in Florida, they could not be sworn in. Richards said then if she could not put on her case, then she needed an adjournment which Raynes objected to. Mike Mortell, the city attorney, said that the objection was noted and preserved in the record. The commission voted to proceed with the hearing.

City staff made a brief presentation showing that the applicant had agreed to all the conditions that Commissioner Matheson had requested at the first reading. All tree mitigation will be done on site. There will be storm water monitoring. Glyphosate use will be banned.

Staff mentioned that the Department of Economic Opportunity (DEO), which reviewed the comp plan amendment, had no objections but 2 technical comments one being not enough density in the project. The letter can be viewed here

Raynes asked Tom Reitz, the city planner assigned, whether it met the comp plan. He testified it did. The Second Intervenor, Brian DiVentura, asked Reitz about a section of the plan. Unfortunately, DiVentura had no exhibits or a visual slide describing what he was referring to. Any attorney would have placed the question in context so that an answer could be elicited. Just citing code numbers and then expecting answers was not practical.

Raynes repeatedly stated that witnesses had to provide testimony that was competent and substantial. In her opening statement, Richards said that the applicant left out evidence and that the commission was not impartial. No testimony was presented to verify those statements. DiVentura said the comp plan was being violated. Since he had no exhibits, his discussion of the elements of the comp plan that were being violated was unclear and not compelling.

Raynes put on his case and each of his witnesses were very knowledgeable and could cite why the project complied. One of his witnesses, who was in Tallahassee and whose flight was cancelled, drove to Stuart to testify right before the hearing. When the intervenors attempted to cross examine any of the witnesses, it was obvious that they had not gone to law school.

Richards’ first witness, who testified via Zoom, was Patricia Tice PhD. She is a civil engineer. She testified that the project was not in compliance, that the area was rural, and remarkably that Costco would go out of business. The result would be that the apartments would be blighted and that there would be a distribution center there. She offered no corroborating evidence to those statements.

On cross examination, Raynes asked her if she had been to the property. The answer was no. She had used Google Earth. He asked whether she was an economist. Again, the answer was no.

Richards’ next witness would have made a difference if he was at the hearing in person. The digital connection was bad and when it was restored, the chamber could hear and see him, but he had to hear via telephone. Greg Braun came off as a credible scientist. However, he had spent no more than 1.5 hours on the property. While his observations about endangered flora was taken seriously by some commissioners, his description about endangered birds was much less compelling.

The summations were what one would think. Richards gave no compelling argument as to why it should be denied and DiVentura said he could not get anyone to answer his questions. Raynes said that there should be a holistic approach.

Then came time for deliberation and the hearing was closed. Meier, McDonald, and Matheson spoke the most. It was evident that Meier was concerned about the endangered plants. It quickly was incorporated as a condition of approval that the developer would have to move them either on site or incorporate the plants into new plantings around them.

The reasons that the commission voted the way they did was not because they are pawns of the development community. The proposed development project fits the elements of the comp plan. The argument by some speakers and by the intervenors was just not accurate. As I wrote in “News & Views,” commissioners must follow the code and the law.

Most people in our area live in a vacuum. They have no idea what is required for a successful site plan or zoning approval. It is easy to think that not wanting something is the same as having the authority to stop something. The commissioners, with Matheson and Meier in the lead, obtained concession after concession from Joe Marino, the developer.

These concessions will cost Marino a couple of millions of dollars. Mostly, he did not have to agree to the concessions. He was within his right to say that he would not do things like reduce the number of apartments. With a few key things like water and tree mitigation, he could have stood his ground and if the commission had voted no, the court would probably have sided with Marino.

The motion for approval was made by Meier seconded by McDonald to include the flora protection along with nearly 40 other conditions for approval. The vote was 5-0.

AFTERMATH

I came away from this process with a couple of takeaways.

First is to do away with Zoom comments and especially Zoom testimony. When people fade in and out or worse the technology stops working, staff including the city manager must try to get it going again taking up precious time. It shows how the tail is wagging the dog.

Sure, COVID is back but we need to learn to live with the virus not by shutting down but by carrying on. If it is important enough to someone to voice a point of view, they need to come and say it in person.

And never allow testimony to be given in that way again. It isn’t fair to the commission, the parties, and especially to the public. Commissioners, you are not being more inclusive. It is an idiotic distraction.

The “Not In My Back Yard” movement is still alive and well. Most of the people were not against Costco, or housing or retail. They just do not want anything new next to them. They are all for property rights unless it disturbs them. It was exemplified by people who said things like “We do not want them here.”

The animosity shown toward Joe Marino, as if he was some snake oil salesman, was unconscionable. Although Marino is based in New Jersey, he successfully builds projects all over the U.S. and has been very professional throughout the process.

I have noticed if a developer is a local, the chances of a project ever being built is slim. They may have great ideas but no money or credibility to complete the project. The idea that finance and business are localized is antiquated.

At one time, Seacoast Bank was local. The Hudson family knew the business owners and leant on a handshake. That bank is gone and now it is a regional one. I use Schwab as my bank, and they have no branches. The last project I did a decade ago, the financing came from Switzerland.

Businesspeople have long recognized that to be successful, they cannot just be in their backyard. Projects like Costco and large housing complexes require more than just local money and expertise. Marino has both to succeed.

Development will occur and it is up to us to guide it into our cities and CRAs. Let’s save our open spaces for as long as possible. With a four-story height limit, we will never be Miami, West Palm, or even Delray. You cannot have enough people for that in the allowable space in Martin County. We do need to take our infill sites and make them count. And remember just because a site is void of a building doesn’t mean it is not an infill project.

Lastly the intervenor process is broken. It is not meant to allow for unlimited public comment. To be an intervenor means that you are being affected by the development more than the general public. Clearly DiVentura, who lives more than 5 miles away, is not more affected by the wetlands issues than I am as I live two miles away.

Richards lives in Cabana Point. While she continuously said she was not representing Lychee Tree Nursery and there is nothing in her application that states she is, at this hearing she claimed she was her family’s representative. Raynes immediately objected. If she is only a resident, then according to her own expert, she is one of 12,600 people that reside within one square mile of the property.

That is why I believe that a court would probably throw out their intervenor status if the issue were brought before it.

The city needs to update the application for an intervenor and include the statute on the form as well as a series of questions for the petitioning intervenor to answer stating that he/she has at least one of those legal reasons to intervene. The form should be notarized under penalty of perjury.

The fee for becoming an intervenor should be at least $1500. The staff time alone in this process costs the city thousands of dollars. Once the nonrefundable fee is paid, the intervenor applicant should immediately go before the commission for a hearing to determine whether intervenor status is warranted.

Then if the right to intervene is granted, the intervenor needs to act as any attorney in a court of law would. This is not when opinion, wishes, and pretty pictures are needed. This is serious business and should be conducted that way.

If interested the entire Costco package is  here

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COMMISSION MEETING JULY 12, 2021

At almost every meeting, a commissioner asks that something be placed on the city’s website so that the information would be available to the public. And once more, a commissioner asked that something be added at the meeting.

The City of Stuart website is the general store of websites. There is information that is completely irrelevant and some inconsequential. But, when you are looking for information, it is not intuitive where it would be on the catch-all website. Do commissioners really think that by adding more and more items to the website, people are better informed?

Commissioner Meier was awarded the Home Rule Hero designation for the 3^rd time. It was presented by Jolien Caraballo the 2^nd VP of the Florida League of Cities. Congrats Mike!

Commissioner Matheson was appointed to the School District Boundary Committee. The committee will be making recommendations to the school board regarding changes to the boundaries of the current school district that geographically define which school students will attend. It was thought that as the only commissioner with children in Martin County schools, he would be a good choice.

OUT OF THE BLUE…$50,000

Then out of the blue without any warning, Commissioner Bruner made an announcement!

                   Old High School

She took a tour of the old high school building and now thinks the city should send $50,000 to the Arts Council to assist in planning for the new arts center. However, it is important to note that the city does not own the property. It is owned by the school district. And the organization is known as the Martin County Arts Council not the Stuart Arts Council.

Let me get my prejudice out of the way. First, I believe that any time you need to spend $10 to $15 million of mostly government money to “save” a building for some purported use that makes no sense, you are making a mistake. These are not my estimates of the cost but were detailed in two stories by the Stuart News (you can read the articles here

and here

I have proposed that the Arts Council be given a 100-year lease for the present city hall when Stuart moves to the Wells Fargo building in a couple of years. For less than a million dollars, the council would have a museum in the heart of downtown where people could visit while shopping, having a drink or a meal without ever getting into a car. The current proposed site is a mile away and is near no other business. The City Hall site would provide interconnectivity which is the life blood of any city. But let us put practicality to the side.

The old high school is a building that was erected in 1922. It has no historical architectural features. The significance is sentimental not historical. People went to high school there until 1964. So, for roughly 40 years it served as the local high school. The current Martin County High School has been our local high school for a longer time. Is it historical?

Martin County has a problem with thinking that old and historical are the same thing. They are not! Unless an architectural historian can verify that this building meets the generally accepted criteria for “historical,” it will continue to be old and that is all.

Spending $50,000 for the planning of this mistake is a serious misappropriation of Stuart taxpayer dollars. The city could use that money for any number of projects from parks to public works to law enforcement to fire/rescue to planting trees on city streets. This is a bad idea that needs to go away.

The next time a city resident is told that there is no money to fix a light or sidewalk, blame Bruner and any commissioner that goes along with this farce.

QUASI JUDICIAL AND THE RULES FOR COSTCO

On 2^nd reading, the commission passed 5-0 an ordinance to bring some order to quasi-judicial proceedings. While I do not think it goes nearly far enough, it is better than what was there before. Of course, that assumes the board does behave as judge and jury. I am not so sure that will occur.

However, City Attorney Mortell did an excellent job of setting up ground rules for how the 2^nd quasi-judicial hearing of the Costco proceeding will go. Both intervenors and the applicant have stipulated as to form and substance. That is a huge accomplishment.

        Mike Mortell

While it covers the bases, it still leaves politicians in charge of the proceeding. And we have seen how well that works. I hope that Mortell plans to keep order by wrangling his commissioners or some of his good work in this instance will go for naught.

You can read the agreed stipulation here

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COMMISSION MEETING APRIL 26, 2021:

It was a rather quiet meeting. Perhaps because there was only one item of substance. It probably was a good thing because the Costco War will be on in May.

Mike Meier had several thoughts during commissioner comments. He spoke about alleyways and whether they should be abandoned or not. This is something that has been brought up periodically for years. It is time that alleyways be addressed.

There are city-owned alleys and rights of way throughout the city. Stuart has had these unused passageways since the city has been platted. If they haven’t been used in a hundred years or more, it is not likely that they will start being used now. They should go to the owners of the lots that abut these properties.

Other commissioners in the past believed that whenever an abandonment was requested, the homeowner should pay for that right. I think they should just be given since they were in a sense taken from the individual properties’ years ago for a public purpose that was never used. Stuart should end this fantasy, reduce liability, and give the land back to the rightful owners whose properties abut the alleys and rights of way.

When it was Manager Dyess’s turn to respond, he said staff has been working on it. Maybe we will see the fruits of this labor before another new commissioner brings up the subject in a few years.

Matheson brought up a successful job fair held at the safety complex. It was a combined effort of Stuart, the BDB, and Career Source. There were 167 people with 21 employers. I asked Matheson how many of those people landed jobs as a result.  He could not give me a number. If he finds out, he will provide it.

He also mentioned that during the presentation of development applications, he wanted the applicant to present first with the staff following. He wants to be sold the proposal by the applicant not the city staff. It is to start with the next meeting.

Dyess stated that the idea of a park at the end of Bryant was not doable because there is no turnaround for emergency vehicles which effectively kills an excellent idea for a not quite dead-end street.

PALMETTO COVE

On Palm City Road across from the back of the Publix where Halpatiokee begins, there are currently two vacant parcels. The home that was there was taken down around 2016. It has been vacant ever since just waiting for the right developer.

That is the entranceway to my neighborhood. Halpatiokee turns into St. Lucie Crescent. At one point not that long ago, there was a sign outside that torn down home saying baby pigs for sale. Across Halpatiokee there is a two-story apartment building that was in horrific shape 25 years ago when I first glimpsed the block, and it hasn’t gotten better. The generators and truck deliveries of Publix on the other side of Palm City Road only adds more charm to the parcels.

When I heard about new town houses going in, I was incredibly happy. I was sort of wondering what would go in there since someone buying the land and putting up single family homes was not in the cards.

But no development is without people saying no. In this neck of the woods, it is all about density. By right they can have ten units. The owner is asking for thirteen. Commissioner Matheson asked for on-street parking which has been included. There is plenty of trees and shading. They even left several of the old oaks.

There were people who complained at the LPA meeting and many were there at this meeting. But the only people who spoke were those in agreement except for a few that spoke earlier during public comment against all development.

Funny how they are against development in a city but say nothing when the county approves hundreds of homes such as the Pulte/Christ Fellowship development and additional ones at Banyon Bay. There will be sprawl and each home will have a car or four. Yet I heard no one saying anything at the BOCC meeting.

Bruner made a motion to approve seconded by Meier. It passed 5-0.

You can see staff’s presentation here

LPA MEETING APRIL 29, 2021:

This was the special Costco meeting.

The chamber was packed (as much as any public space can be in Covid times). A couple of observations about the crowd. A third of the speakers against the project were related to each other plus one more family member who tried to speak using Zoom.

Interestingly, the family so much in opposition were the same people who owned the property at one time. The Lychee Tree Nursery family decided that they would cash in on some of the land they had. A while back they sold it. Now most of what they did sell is being developed.

They claim that when the land was within unincorporated Martin County, it was zoned differently than after it was voluntarily annexed into the City of Stuart. They thought it was going to be used for a subdivision. Of course, the family could have platted the lots and built that subdivision that they thought should go there, but they did not.

Other family speakers decried the traffic the Costco and apartments would bring. They said that Kanner Highway would be inundated. FDOT states that the 6-lane road is only now operating at 1/3^rd its capacity. They mentioned the high school as if the cars would be in some maddening rush to get to the store and would mow the kids down.

Two days before the LPA meeting, the BOCC approved nearly the same number of units in two subdivisions being built or expanded on Kanner. These single-family homes will have no store, restaurant, or gas station within walking distance so car transportation will be necessary to get anywhere. Yet apparently that sprawl is ok.

I put in a public records request for the emails sent to the commissioners, manager, and attorney regarding Costco. Nearly 80% of them were in favor of the store. What is going on? It appears that one family that has had a few generations of living in agrarian isolation within an increasingly urban part of Martin County is now seeing what they consider an invasion.

It is an invasion of that isolation that this family has brought upon themselves by selling off property that has now fallen in the hands of a company eager to develop it within Stuart’s urban landscape. The people who are complaining about this project should be bemoaning the Christ Fellowship sprawl of more than 300 acres of Florida habitat (which is 6 times the acreage of this development) located 5 miles away on Kanner Highway. I guess sprawl is fine if you build single-family homes.

The density of the PUD will be 8.1 units per acre which includes Costco and retail space. The applicant’s hydrologist met with Lychee Farm’s hydrologist to assuage their fears that the irrigation pond on their property would not have enough water. They also moved building locations to make sure that the shading would not interfere with their growing.

Bob Raynes, the applicant’s attorney, answered the charge that the property was zoned differently. There was no zoning assigned with annexation and they always meant to come in with a PUD. The parcel did have a county zoning Future Land Use designation and it was low density residential of 5 units per acre.

The very reason it was voluntarily annexed into the city was to allow the parcel to be more valuable to its owner. It was with every expectation that something like this would occur. If you look at the site and where it is located on three major roads, there is no doubt that the project would be very urban in nature.

Some of the LPA board members comments were appropriate such as tree mitigation, parking, and storm water. Others such as building design, neighborhood feeling, and school capacity are not. Overall, they had a difficult job, and they did it well.

They made recommendations incorporating design, parking, tree mitigation, and connectivity in a motion to approve by Mathers and seconded by Strom. It passed 6-0 with Massing absent.

You can see the applicant’s presentation here

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