There is another coordinated effort to sway the city commission at the upcoming Monday meeting.
This time it’s to address the opportunity for outdoor venues to have music. The effort will be accompanied by supporters wearing blue shirts.
This effort includes and is being partially led by the owner of Terra Fermata, an outdoor venue in downtown Stuart.
And much like the Brightline effort, the actual issue being presented publicly is not necessarily what is coming before the Commission for consideration.
With Brightline, people wore their yellow shirts en masse to demand the Commission support the downtown businesses. However, what was before the commission was the allocation of taxpayer money that was being assigned to build the train station for a private business. It didn’t matter that prior to the City Commission meetings there were no economic development studies nor financial impact projections and there wasn’t a site plan budget presented.
The discussion and vote before the Commission was about the assignment of taxpayer money to pay to support a for-profit business as it related to the Interlocal Agreement between the City of Stuart Martin County. But those who showed up managed to turn the conversation into the lack of support for growing downtown.
Brightline’s Efforts in Stuart
The efforts to sway the commission to vote on something that wasn’t an agenda item was led by an online persona, Stuart Bright. Stuart’s profile photo is a guy on a boardwalk. It is alleged that Stuart Bright is really Sam Yates, owner of Yates & Associates, a public relations and marketing company. His business is located at the Flagler Center at 201 SW Flagler Avenue, which is owned by the City of Stuart.
As the Flagler Center is owned by the City, all approved assignments and sub-leases must be approved by the City Manager, as stipulated in City of Stuart Resolution 61-2019, section 9.
It’s been repeatedly requested for the City to provide all approved assignments or sub-leases to verify Mr. Yates’ lease. They said they were checking business tax records, yet no records were ever provided by the City.
There were scheduled rallies that had nothing to do with the actual reason for the vote to rescind the Interlocal Agreement (ILA) between the City of Stuart and Martin County Board of County Commissioners. The reason was the ILA was changed by the County without notification to the City where Brightline, originally required to pay for half of the station, was now paying nothing and the City of Stuart was responsible for the whole build out, not just the agreed upon parking garage.
There were rallies to support the station advertising “Save Our Station” and promising “no tax increase for residents.”
In fact, they state on the BrightStuart.org website “Why a Brightline Station in Stuart Won’t Cost You a Dime.” It’s unclear how any statement could be made when no budgets have been provided for the project and it’s taxpayer money being used to support the effort. So the Brightline station WOULD cost us… up to 450,000,000 dimes if the entire $45,000,000 allocated is spent.
Regardless, the City Commissioners voted to rescind the ILA as there were no supporting studies or documents nor even a site plan to support the justification for the projected costs in response to the wishes and wants of their constituents.
That is certainly an important conversation, but that’s not what was being voted on.
And that’s exactly what we will see at Monday’s Commission meeting to discuss and deliberate the noise ordinance in the City of Stuart.
So who’s behind the Outdoor Live Music effort?
Less than a week ago, there was a Facebook Group started by Eric Wickstrom, owner of Terra Fermata, to help shape the conversation of Monday’s meeting.
The group, City of Stuart Outdoor Live Music Supporters is specifically to address the City Commission at the 4/14/2025 regularly scheduled meeting. Their page reads the Commission is “discussion and deliberation session about changing outdoor sound ordinances on April 14th which could vastly effect our outdoor live music.”
The only approved business in downtown Stuart that has perpetual outdoor live music is Terra Fermata, owned by Eric Wickstrom.
Mr. Wickstrom intimates in a comment that it’s more than just his venue that is affected by the noise ordinance.
“Definitely not just Terra. Sailors Return has a huge interest in outdoor live music. And our new amphitheater currently under construction on Ocean Blvd. Memorial Park. Plus any new venues.”
But is the current noise ordinance really applicable to anyone other than Terra Fermata?
What About Terra Fermata…
Terra Fermata, which operates under the company Drink More, was originally opened in 2013 by Ron Hart. It was initially licensed for outdoor retail under an Urban Code Exception (UCE) because “outdoor retail” was not permitted at the business location on 6th Street at the time.
Terra Fermata’s license was “upgraded” to a bar when Ron Hart, the then-owner of Terra Fermata, had the UCE rescinded by the Development Director in April 2013. In fact, “upgrade category” was penciled in rather than triggering a new application.
Terra Fermata states on their website they are “the Treasure Coast’s premier outdoor concert venue.” Yet there is no “concert venue” business designations in the City of Stuart’s codes. Apparently, actual outdoor concert venues are not allowed anywhere else on the Treasure Coast.
By special permit? Yes. But in perpetuity as a business designation? No.
For every other potential concert opportunity, bar and restaurant applicants are restricted to adhering to Article III – Special Events.
There are permit requirements for public and private property. Terra Fermata, as a business owner, would fall under Private Property.
According to the City of Stuart’s definitions, “special event” means an assembly which will take place upon private or public property, including but not limited to an art show, block party, craft show, ethnic or holiday celebration or festival, fireworks, musical concert, theatrical presentation, political demonstration, parade, speech, or social party.
Applications are submitted based on projected and/or maximum attendance.
In 2018, Eric Wickstrom bought Terra Fermata from Ron Hart and bought the land from someone else in two separate transactions in which Terra Fermata operates.
Mr. Hart sold his shares of the Drink More corporation, which appeared to have allowed Mr. Wickstrom to avoid submitting revised paperwork to the City to operate Terra Fermata. New ownership would have triggered new applications. Mr. Hart’s resignation from Drink More was recorded with the State of Florida on August 22, 2017 when Mr. Wickstrom was added as the owner.
Though that does not explain why there is a current City of Stuart business tax receipt which was submitted on 10/24/2024 issued to Mr. Hart, as he is no longer an owner.
To confirm the change of ownership of shares of the company, there is an email from Mr. Wickstrom to Bonnie Brown, Mr. Wickstrom’s counsel. Ms. Brown confirmed that the transaction between Mr. Hart and Mr. Wickstrom was a stock purchase and Mr. Wickstrom did not purchase the business but did purchase the shares of stock in the Drink More corporation.
“When we closed on my sale with Ron, you told me all ownership, registrations, licenses, etc are still with Drink More, Inc. And that I will not need to transfer anything to my name. Now the City wants me to go through some major paperwork, which could take a lot of time, and could create major problems in my business.”
According to Sunbiz.org, the Drink More company is no longer actively registered with the State. It’s been pending reinstatement since January 24, 2024. And the Fictitious Name Filing for Terra Fermata has expired.
None of this changes that Terra Fermata is the only business in the City of Stuart that is truly relevant to the discussion at Monday’s City Commission meeting.
So what about the noise ordinance?
According to the Martin County Municipal Code, there are currently 1.01 acres assigned to the Martin County Growth Management Department assignment of land use assessment of “Nightclub Bars Lounges.”
One of the “nightclub” locations in the City of Stuart is location is at 2196 East Ocean Boulevard, former home of East Ocean Pub though some of us remember when it was opened as The Refuge. But all music there would have been indoors so the sound ordinance wouldn’t apply like it would for a strictly outdoor facility like Terra Fermata.
And the Sailors Return, since it was brought up by Mr. Wickstrom, located on property leased from the City of Stuart, operates within the noise ordinance as written and permitted.
For comparison, the City of Port St. Lucie states that the maximum decibel level in a residential or mixed-use area, like Terra Fermata is located regardless of any district designation by the City of Stuart, cannot exceed 55 decibels allowed between 7am and 10am and 45 decibels allowed between 10pm and 7am. This is the standard without an event permit.
The City of Stuart allows 80 decibels allowed between 8am and 10pm and 60 decibels between 10pm and 8am.
The 80 decibel limit was ultimately enacted in 2015 to accommodate Terra Fermata as “outdoor concert venues” without a special event permit is seemingly not allowed any other place in the City of Stuart nor in Martin County.
For reference, Frazier Creek Brewery pulled a permit for their recent fundraiser that took place outdoors.
Terra Fermata is licensed for 40 seats, though it often accommodates much larger groups for their shows they bring in, often in the hundreds.
Tickets for all events are purchased through the site “Hold My Ticket,” which is like a TicketMaster site though for smaller venues. Attendance is managed through a third party ticket vendor.
Terra Fermata has been extended an opportunity that is not available to any other venue in the City of Stuart or even in the County.
The code needs to be addressed to address the disparity between venues. There is no doubt.
But the championing of the effort by Mr. Wickstrom reeks of similarities of the Brightline efforts. Grassroots movements are key to any community, but people should understand the totality of what is being debated and work to address the actual issue.
If the Special Events requirement needs attention, then let’s address it. The Noise Ordinance is a familiar red herring, this time to avoid the fact that one venue is not conforming to the rules.