[00:00:01]
[CALL TO ORDER:]
CHANDRA, WOULD YOU PLEASE READ? I'M SORRY, MR. GOOD, WOULD YOU PLEASE? NOW, MRS. POWELL, WOULD YOU PLEASE READ THE ROLL? YES. MR. BOEREMA HERE.MISS MARAJ HAS ASKED TO BE EXCUSED.
MR. WARNER HAS ASKED TO BE EXCUSED.
MR. KARAFFA HAS ASKED TO BE EXCUSED.
AND OUR CITY ATTORNEY, PATRICIA SMITH, AND OUR CITY MANAGER, SUZANNE SHERMAN, ARE BOTH PRESENT.
AND WE DO HAVE A QUORUM. THANK YOU.
[ADOPTION OF MINUTES:]
DO I HEAR A MOTION TO ACCEPT THE MINUTES OF THE NOVEMBER MEETING? MOTION TO APPROVE THE MINUTES OF THE NOVEMBER 22ND, 2022 MEETING.SECOND BY MR. WEINBERG. SECOND BY MR. BOEREMA. ALL IN FAVOR? I OPPOSED.
THE BENEFIT OF THE APPLICANTS AND THE AUDIENCE.
[OLD/UNFINISHED BUSINESS:]
THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS.LAND DEVELOPMENT STAFF WILL PRESENT THE STAFF REPORT FOUR FOR EACH CASE.
BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.
FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.
FOR ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN A SPEAKER OATH CARD LOCATED AT THE PODIUM AND AT THE SIDE OF THE ROOM.
AS A COURTESY, IF THERE ARE ANY IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WE HAVE THAT HAVE SIMILAR COMMENTS, WE WE ASK THAT YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS AFTER PUBLIC COMMENTS OR BRING THE CASE BACK TO THE BOARD.
AT THIS TIME THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS FROM THE AUDIENCE WILL BE HEARD.
THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION IN ADHERING TO THE MEETING GUIDELINES.
FIRST CASE TO BE HEARD IS Z 5820 22.
OH, I'M SORRY. KPE 37 2022 REQUEST TO CONTINUE TO THE JANUARY 4TH, P AND Z BOARD MEETING MOTION MOTION TO CONTINUE CASE CP 37, 2022 THE JANUARY 4TH PLANNING AND ZONING MEETING.
BEGIN BY MR. WEINBERG, SECOND BY MR. GOOD. ALL IN FAVOR, I.
THE CASE IS MOVED TO THE JANUARY 4TH, P AND Z MEETING.
BEFORE YOU, WE HAVE OUR ONLY CASE FOR THIS EVENING, WHICH IS Z 5820 22.
IT IS A REZONING CASE FOR APPROXIMATELY 2.87 ACRES OF LAND.
ITS CURRENT ZONING DESIGNATION IS HIGHWAY COMMERCIAL.
AND THE LOCATION IN SPECIFIC CONTEXT FOR THIS PROPERTY IS IT IS NORTH AND SOUTH OF ASHRAF BOULEVARD, NORTHEAST AND IN THE VICINITY EAST OF LIPSCOMB STREET, NORTHEAST.
THE REQUEST BEFORE YOU IS A ZONING CHANGE FROM HIGHWAY COMMERCIAL TO RESIDENTIAL MOBILE HOME AND IN CASE Z 5820 22 MEETS THE MINIMUM CRITERIA FOR A REZONING REQUEST.
IN ADDITION TO IT, MEETING THE MINIMUM MINIMUM MINIMUM CRITERIA FOR A REZONING REQUEST, IT ALSO FURTHERS THE COMPREHENSIVE PLAN BY ALIGNING THE ZONING DESIGNATION WITH THE COMPREHENSIVE PLAN AND IN ITS FUTURE LAND USE ELEMENT BECAUSE OF THE FACT THAT THE DESIGNATION IN CURRENT CONTEXT FOR OUR FUTURE LAND USE FOR THIS PROPERTY IS ACTUALLY ACTUALLY RESIDENTIAL MOBILE HOME.
[00:05:08]
VIABLE COMMERCIAL LAND BECAUSE IT IS JUST A CANAL TO SOMETHING THAT IT ACTUALLY IS SUPPORTIVE OF, WHICH IS THE RESIDENTIAL MOBILE HOME WHICH THE CANAL IS ACTUALLY DO SUPPORT IN DEVELOPMENTAL CONTEXT.THE CANAL, THE RESIDENTIAL MOBILE HOME AREA DRAINS INTO THOSE CANALS.
THE PWD WILL NOT, WHICH IS WHY IT IS NOT PART OF THE PWD.
AND IF YOU HAVE ANY QUESTIONS, I'M AVAILABLE.
MEMBERS OF THE BOARD OR ANY QUESTIONS FOR STAFF.
MR. ANDERSON, AM I UNDERSTANDING CORRECTLY THAT THE PROPERTY AS IT STANDS IS CURRENTLY A CANAL? CORRECT. AND SO IT'LL BE FILLED IN AND THEN BUILD IT BUILT UPON? NOPE. NOTHING IS CHANGING FOR THIS CANAL WHATSOEVER.
ALL THAT IS HAPPENING IS ALIGNING THE ZONING ENTITLEMENTS TO WHAT IT CURRENTLY REALISTICALLY IS SUPPORTING, WHICH IS THE RESIDENTIAL MOBILE HOME COMMUNITY THERE, PALM BAY COLONY. SO ALL THIS IS GOING TO DO IS SIMPLY JUST ALLOW FOR THAT CANAL TO MAINTAIN ITS CONTINUED CONTINUED PURPOSE OF ALLOWING FOR DRAINAGE FROM THAT PROPERTY WHILE ALIGNING THOSE ENTITLEMENTS PROPERLY TO THAT TYPE OF DEVELOPMENT RATHER THAN HAVING COMMERCIAL.
SO WHAT HAPPENS WHEN WE HAVE THIS OUTSTANDING COMMERCIAL IS IF WE DO AN ANALYSIS WITH OUR JAYS SYSTEM, IT'S GOING TO POP UP SAYING WE HAVE MORE COMMERCIAL LAND, MORE VIABLE COMMERCIAL LAND THAN WE ACTUALLY DO IN THE CITY, BECAUSE AS WE ALL KNOW, THOSE CANALS CANNOT ACTUALLY BE UTILIZED IN THAT TYPE OF PURPOSE.
INSTEAD. AND JUST ONE MORE TIME FOR CLARIFICATION, THE PROPERTY TO THE NORTH DOESN'T DRAIN INTO IT OR WON'T DRAIN INTO IT IS WHAT YOUR POINT OF CLARIFICATION WASN'T TALKING ABOUT THE PROPERTY TO THE NORTH, IT'S THE PROPERTY TO THE WEST.
I UNDERSTAND THE OVERALL PICTURE NOW.
THANK YOU FOR THE CLARIFICATION.
SURE. THANK. HEAR THEIR QUESTIONS, SEEING NONE.
THANK YOU. WELL, THE APPLICANT'S REPRESENTATIVE.
JORDAN MEMBERS OF THE PLANNING AND ZONING COUNCIL.
I AM WITH LACEY LYONS, ROSEBANK FROM THE ROCK LEDGE OFFICE.
I'M HERE ON BEHALF OF THE APPLICANT, WHICH IS THE CURRENT PROPERTY OWNERS OF THE GARNERS.
THAT'S NOT CORRECT. IT'S NOT THE GARDENERS, IT'S THE APPLICANTS.
WRONG, AS PAUL DALEY AND DON BARLOW.
AND THIS WAS JUST AN OVERSIGHT ON EVERYONE'S PART.
MY CLIENT, PULTE HOMES, HAS BOUGHT IS BUYING THE PROPERTY.
AND THEY DID NOT REALIZE THAT THEY GOT THE DRAINAGE TRACKS AS WELL WHEN THEY PURCHASED THE PROPERTY.
THEY DON'T WANT IT. WE'RE STUCK WITH IT.
SO WE'VE REZONED IT TO MAKE THE FUTURE LAND USE IN THE ZONING COMPATIBLE.
AND IT DOES SUPPORT PALM BAY COLONY AND WILL NOT SUPPORT THE PWD.
SO WE'RE JUST ASKING FOR YOU TO APPROVE THIS TO HELP WITH YOUR ZONING MAPS.
THAT I CAN ANSWER. I HOPE TO ANSWER QUESTIONS, BUT I THINK MR. ANDERSON PRETTY MUCH ANSWERED EVERYTHING.
THIS WAS AT THE REQUEST OF THE CITY.
SO WE'RE HERE ON BEHALF OF THAT REQUEST OR HAVE ANY QUESTIONS FOR THE APPLICANT.
INCOME. MADAM CHAIR, SO DOES YOUR CLIENT HAVE TO TAKE CARE OF IT SINCE THEY ACCIDENTALLY BOUGHT IT? YES, MOST LIKELY.
GOT YOU. I DON'T KNOW WHO'S BEEN MAINTAINING IT.
I'M NOT SURE IF ANYONE'S BEEN MAINTAINING IT.
I'M SURE THERE'S PROBABLY ST JOHN'S PERMIT.
IT'S IN SOMEONE'S NAME SOMETIMES.
AND I DON'T HAVE THE THE ENGINEER HERE TO TO TELL ME THAT.
SO BUT IT IS THEIR PROPERTY SO ULTIMATELY THEY'RE RESPONSIBLE.
GOT YOU. OKAY. AND THEN SO BASICALLY, KNOWING THAT POTENTIAL BIRD IN A HEAD, YOU'RE JUST TRYING TO TAKE CARE OF YOUR P'S AND Q'S AND SAY, OH, LET'S MAKE IT AS LEGITIMATE AS IT AS IT BE. CORRECT.
OKAY. THANK YOU FOR THAT CLARIFICATION.
THE RECORD. THERE ARE NO LETTERS IN THE FILE REGARDING THIS CASE OR IS NOW OPEN FOR PUBLIC COMMENTS.
IS THERE ANYONE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK IN FAVOR OF THIS REQUEST? HE OPPOSED.
MAN ON THE FLOOR IS NOW BROUGHT BACK.
[00:10:03]
THIS IS PRETTY STRAIGHTFORWARD.SO A MOTION TO APPROVE Z 5820 22.
BY MR. WEINBERG CIGARET BY MR. GOOD. ALL IN FAVOR I HE OPPOSED.
THANK YOU. FOUR CASES HAVE BEEN WITHDRAWN.
SO THE NEXT ITEM ON THE AGENDA IS A PRESENTATION.
[OTHER BUSINESS:]
CITY ATTORNEY.AT LEAST FROM THE LAST MAJOR P Z BOARD.
I DO WANT TO OFFICIALLY INTRODUCE MYSELF.
I AM PATRICIA SMITH. I AM THE CITY ATTORNEY.
ESSENTIALLY, BOARD CERTIFICATION MEANS I WENT THROUGH A MINI TEST, ESSENTIALLY A MINI BORE BAR ON THOSE SPECIFIC AREAS, HAD JUDGES AND LAWYERS IN THE AREAS SAY, YOU KNOW, SHE'S A GREAT LAWYER, PASSED THE TEST, DID A BACKGROUND CHECK, ETHICS, AND THEY AWARDED ME THAT TITLE, WHICH MEANS BOARD CONSIDERS THE FLORIDA BAR, CONSIDERS ME AN EXPERT IN THAT AREA.
BECAUSE WHAT YOU DO IS IMPORTANT.
CERTAINLY THERE ARE MANY PEOPLE THAT SERVE ON BOARDS AND WE APPRECIATE ALL THE BOARDS, BUT YOU ARE A STATUTORY BOARD THAT YOU'RE CREATED BY STATUTE AND YOU HAVE A VERY HIGH PURPOSE WHEN YOU ALL CONSIDER THE EVIDENCE AND YOU CONSIDER THE WEIGHT PROPERLY, YOUR OPINION IS THE EQUIVALENT OF AN EXPERT OPINION. COUNSEL CAN RELY ON THAT.
I CAN RELY UPON IT TO SUBSTANTIATE COUNSEL'S DECISION.
IT CONSTITUTES COMPETENT AND SUBSTANTIAL EVIDENCE.
COUNSEL CAN NO LONGER RELY UPON YOU.
I CAN NO LONGER RELY UPON YOU YOUR DECISION IN ADVOCATING FOR COUNSEL.
SO ONE OF THE THINGS WE WANTED TO TALK ABOUT TODAY IS EXACTIONS, BECAUSE IT'S VERY IMPORTANT, BECAUSE A LOT OF TIMES YOU'RE GOING TO HAVE CONDITIONS THAT YOU IMPOSE UPON SOME OF THESE LAND USES AND CONDITIONS IN AND OF THEMSELVES AREN'T WRONG.
SO WE'RE GOING TO TALK ABOUT WHEN X AXES ARE FINE AND WHEN THEY'RE PROBLEMATIC.
SO OF COURSE, I'VE BEEN TOSSING AROUND THE TERM EXACTIONS.
WHAT EXACTLY IS THAT? EXACTIONS ARE BURDENS OR REQUIREMENTS THAT A GOVERNMENT IMPOSES ON A DEVELOPER.
IT COULD BE A DEDICATION OF LAND.
IT CAN BE REQUIRING A DEVELOPER TO CONSTRUCT OR INSTALL SOMETHING OR TO PAY SOMETHING FOR THE CAPITAL IMPROVEMENT NEEDED FOR PUBLIC FACILITIES AND AS A CONDITION OF THE IMPROVEMENT.
YOU'LL SEE THAT ADDITION OF THE APPROVAL MAY BE THAT YOU DEDICATE RIGHT AWAY, AND THAT MAY BE WHAT WE USE TO EXPAND THE ROAD OR FOR SIDEWALKS, DRAINAGE, CONSTRUCTING OR INSTALLING IMPROVEMENTS TO BE SOMETHING.
STORMWATER CANALS OR RETENTION.
FEES TO BE PAID IN LIEU OF COMPLIANCE WITH A DEDICATION.
OR YOU CAN DEDICATE THIS OR YOU CAN PAY A CERTAIN MONETARY AMOUNT.
AND THE MOST COMMON THAT WE'RE USED TO BEYOND LAND DEDICATIONS ARE IMPACT FEES.
AS FAR AS EXACTIONS, THERE ARE SOME GENERAL CONCEPTS THAT WE HAVE TO BE AWARE OF.
ARBITRARY, CAPRICIOUS ESSENTIALLY MEANS THAT THERE IS NO REASON.
THE TEXAS. THERE'S NO EVIDENCE BASE.
SOMEHOW YOU JUST GRAB OUT OF NOWHERE.
HEY, THIS IS YOURS, AND WE WANT YOU TO DO X.
IT'S SOMETHING THAT WE THINK IS IMPORTANT, BUT WE CAN'T REALLY LINK IT TO WHAT YOU'RE DOING.
THAT MAKES IT ARBITRARY, CAPRICIOUS, IF IT'S NOT REASONED.
THE OTHER PRINCIPLE IS YOU CAN'T CREATE CONDITIONS THAT ARE SO.
IT'S NOT RATIONAL AND THE PERSON COULD NEVER ACCOMPLISH IT.
[00:15:02]
SO ESSENTIALLY, YOU KNOW WHAT? I WANT THIS PROPERTY TO REMAIN AS IT IS.WE'RE GOING TO BE SUED AND WE'RE GOING TO BE PAYING ATTORNEY'S FEES.
WHEN WE GET INTO IT, ZACH SAYS.
A LOT OF LOCAL GOVERNMENT LAW, YOU'RE TALKING ABOUT YOUR COMPREHENSIVE PLAN.
YOU'RE TALKING ABOUT STATE LAW.
BUT IS ACTIONS ARE IMPORTANT? BECAUSE WHAT WE'RE TALKING ABOUT, WE'RE TALKING ABOUT FEDERAL LAW.
FIRST RECOURSE IS THE FIFTH AMENDMENT, WHICH THE GOVERNMENT CANNOT TAKE PRIVATE PROPERTY FOR PUBLIC USE WITHOUT JUST COMPENSATION.
US CONSTITUTION JUST COSTS JUST COMPENSATION.
WHEN YOU GET TO FLORIDA LAW, THAT'S ONE OF THE BIG THINGS ABOUT FLORIDA JURISPRUDENCE.
WE ARE VERY MUCH FOR PROPERTY RIGHTS OWNERS.
YOU DON'T JUST DO JUST COMPENSATION.
IT'S FULL COMPENSATION, WHICH IS FAR BROADER.
SO WHENEVER YOU'RE TALKING ABOUT WHAT FLORIDA LAW ALLOWS AND ITS BOUNDARIES, IT REALLY DOES IMPACT, EVOLVES ALL THE LAWS AS FAR AS MAKING SURE THAT PEOPLE GET THE BENEFIT IN DOLLAR FOR CREDIT IS BECAUSE WE WANT TO AVOID GOVERNMENT BEING IN A SUPERIOR POWER, BEING ABLE TO ESSENTIALLY EXTORT FROM DEVELOPERS FEES THAT THEY CAN'T OTHERWISE NOT PAY IN ORDER TO MOVE FORWARD.
SO WHEN YOU'RE DEALING WITH WHAT THESE IS ACTIONS, IF THEY'RE NOT DONE CORRECTLY, THEY'RE GOING TO BE VIOLATIVE OF THE CONSTITUTION, VIOLATIVE OF FEDERAL LAW, WHICH MEANS AS FAR AS LAWSUITS, NOT ONLY DO YOU GET A STATE LAWSUIT, YOU CAN GET A 1983 CLAIM, 1983 CLAIMS ARE SIGNIFICANT IN THE SENSE OF YOU HAVE NO CAPS AND YOU HAVE ATTORNEY'S FEES.
IN ESSENCE, WHAT THE LAW SAYS IS THAT YOU DON'T HAVE A RIGHT TO DENY A PERSON A BENEFIT BECAUSE SHE SHE OR HE EXERCISES A CONSTITUTIONAL RIGHT.
HOW DOES THAT FIT INTO HIS ACTION? ESSENTIALLY, IF I'M DUE, JUST COMPENSATION OR UNDER FLORIDA CONSTITUTIONAL LAW, FULL COMPENSATION.
AND YOU WANT TO TAKE MY PROPERTY, YOU WANT ME TO GIVE UP SOMETHING AND I'M ENTITLED TO IT.
YOU CAN'T SAY, WELL, YOU KNOW WHAT? I'M NOT GOING TO GIVE YOU THAT PAYMENT.
AND IF YOU DON'T LIKE IT, YOU'RE NOT GOING TO GET THIS LAND USE.
I HAVE A RIGHT TO EXERCISE MY CONSTITUTIONAL RIGHT TO FULL PAYMENT.
THERE ARE THREE MAJOR CASES WHEN WE TALK ABOUT EXHAUSTION LAW.
SO I'M GOING TO GO THROUGH THESE EXHAUSTION CASES BECAUSE IT ALWAYS IS HELPFUL FOR ME BEYOND JUST HAVING THAT, YOU KNOW, THE LEGAL PRINCIPLES, HAVING SOME FACTS, BECAUSE IT'S SOMETHING THAT PEOPLE TEND TO REMEMBER.
AND IT ALSO HELPS BECAUSE YOU ALL DEAL WITH FACT SPECIFIC CASES.
THE LEADING CASE THAT STARTED THIS OFF WAS NOLAN V CALIFORNIA COASTAL COMMISSION.
YOU HAD A DEVELOPER FAMILY JUST WANT IT TO BE ABLE TO TEAR DOWN A BEACH HOUSE.
BUILD ANOTHER ONE THAT WAS GOING TO BE BIGGER.
RELATIVELY SIMPLE, YOU THINK? SO THEY WENT TO GET THEIR PERMITS, BE ABLE TO DO THEIR LAND DEVELOPMENT.
IT WAS LIKE, WELL, YES, YOU CAN DO THAT.
BUT IN ORDER TO BE ABLE TO DEVELOP YOUR LAND AND MAKE IT BIGGER AND GET THIS BEACH HOUSE.
THERE'S A PUBLIC PURPOSE TO THAT.
AND THE GOVERNMENT CAN'T TAKE LAND FOR PUBLIC PURPOSE.
BUT WHAT DO THEY HAVE TO PAY? FULL COMPENSATION? WHAT THEY DIDN'T WANT TO DO IS PAY ANYTHING.
ESSENTIALLY, WE'LL ALLOW YOU TO BUILD YOUR BEACH HOUSE.
[00:20:09]
PART OF THEIR PROPERTY AS AN EASEMENT, BECAUSE FUNDAMENTAL TO BEING A LANDOWNER IS THE RIGHT TO BE ABLE TO EXCLUDE PEOPLE.SO YOU GET TO SAY, HEY, YOU DON'T COME ON MY PROPERTY.
AND IF YOU WANT TO DO THAT FOR PUBLIC PURPOSE, YOU CAN, BUT YOU MUST PAY.
AND SO WHEN THEY DID THIS, THE RATIONAL NEXUS TEXTS AND YOU'RE GOING TO SEE THAT IN COMPAS AND AS IN A LOT OF THE EXACTIONS AND IT'S FURTHER BY THE DOLAN TEST, IT BUILDS UPON IT.
WE'RE GOING TO HAVE TO SEE WHAT IT IS THAT THE PERSON IS DOING, THE DEVELOPERS DOING WHAT YOU ARE ASKING, AND IS THERE A RATIONAL NEXUS BETWEEN THE TWO? AND THERE WAS REALLY NO RATIONAL NEXUS BETWEEN BEING ABLE TO INCREASE THE FOOTPRINT AND HAVING OTHER PEOPLE BE ABLE TO CROSS YOUR PROPERTY.
IT. THE OTHER CASE THAT WE HAVE IS A DOLAN VERSUS CITY OF TIGER.
AND IN THIS CASE YOU HAD A DEVELOPER WANTING TO BUILD THIS COMMERCIAL PROPERTY AND THEN YOU'RE GOING TO HAVE TRAFFIC OK SO WE WANT YOU TO BE ABLE TO DO A BIKE PATH, A GREENWAY, FLOODPLAIN, EASEMENTS TO THE CITY.
AND YOU'LL HEAR THAT A LOT WHERE WE'RE TALKING ABOUT, HEY, LATER ON WE'RE GOING TO HAVE A TRAFFIC STUDY AND WHATEVER TRAFFIC STUDY, WE'RE GOING TO THEN CONSIDER YOUR IMPACT AND YOU'RE GOING TO HAVE TO MITIGATE IT.
BECAUSE IF WE JUST SAY, HEY, YOU HAVE TO DO PUT, YOU KNOW, WHY DIDN'T THIS ROAD PUT UP THIS TRAFFIC SIGNAL? AND WE HAVE NO BASIS IS ARBITRARY AND CAPRICIOUS.
IT'S NOT REASON, THERE IS NO FACTUAL BASIS.
AND THAT'S A BIG HOLDING OF DOLAN.
THE EXACTION MUST BE ROUGHLY PROPORTIONAL TO THE IMPACTS OF THE PROPOSED DEVELOPMENT.
IF THE DEVELOPMENT IS SMALL, IT HAS LIMITED IMPACTS.
IF YOU'RE WILLING TO PAY FULL COMPENSATION, YOU DON'T GET TO USE YOUR ABILITY TO APPROVE A PROJECT TO EXTORT FUNDS FROM PEOPLE BECAUSE THEY ARE ENTITLED TO PAYMENT.
SO DOLAN GIVES US WHAT LAWYERS PARTICULARLY LIKE.
WE LIKE TESTS, AND YOU'VE GOT A THREE PART TEST HERE.
THE FIRST THING WERE YOU GOING TO LOOK AT WHEN YOU WANT TO DO A CONDITION? AS THE PERMIT CONDITIONS SEEK TO PROMOTE A LEGITIMATE STATE INTEREST.
IS THERE A PUBLIC PURPOSE? THAT'S ALL THAT IS.
AND USUALLY PUBLIC PURPOSE ISN'T GOING TO BE A PROBLEM, WHETHER IT'S FOR PARTS, YOU KNOW, TRAFFIC, PUBLIC SAFETY, PUBLIC PURPOSE USUALLY IS NOT GOING TO BE YOUR ISSUE. NEXT IS THAT ESSENTIAL NEXUS? IS THERE ANY ESSENTIAL NEXUS BETWEEN A LEGITIMATE STATE INTEREST AND THE PERMIT CONDITION? BECAUSE YOU CAN HAVE ANY NUMBER OF INTERESTS THAT ARE GOOD FOR THE CITY AS FAR AS FOR PUBLIC SAFETY, FOR THE PUBLIC WELL-BEING. BUT DOES THAT HAVE ANYTHING TO DO WITH WHAT THE PROJECT IS ABOUT AND NOT JUST IN A GENERAL SENSE? YOU NEED TO HAVE SOMETHING SPECIFIC AND IT NEEDS TO BE TIED BECAUSE IT HAS TO BE ROUGHLY PROPORTIONATE AT LAST THREE.
AND THAT'S WHAT'S GETTING TO THE ESSENTIAL NEXUS IS THE SECOND PART.
THE THIRD IS THE PROPORTIONALITY.
IS THERE A REQUIRED DEGREE OF CONNECTION BETWEEN THE EXACTIONS AND THE PROJECTED IMPACT OF THE DEVELOPMENT? THAT'S ONE OF THE THINGS WHERE IT IS IMPORTANT THAT WE'RE NOT JUST COMING UP WITH SOMETHING WILLY NILLY.
WE NEED TO BE YOU'RE GOING TO NEED TO HAVE EXPERT TESTIMONY ON THESE THINGS.
[00:25:10]
BECAUSE YOU ARE THE PERSON THAT'S MAKING THE DECISION.YOU'RE MAKING A RECOMMENDATION.
SO YOU CAN'T BOTH BE ON ONE SIDE AND BE A DECISION MAKER.
YOUR ROLE IS TO CONSIDER THE EVIDENCE PRESENTED AND YOU'RE NOT TO MAKE EVIDENCE OF YOUR OWN.
THE OTHER THING THAT DOUGLAS SAID THAT IS IMPORTANT IS THAT THIS DETERMINATION, AS FAR AS WHEN WE'RE TALKING ABOUT A ROUGH PROPORTIONALITY, HAS TO BE INDIVIDUALIZED.
YOU CAN'T BE ABLE TO SAY ESSENTIALLY, YOU KNOW WHAT, THE CITY IN GENERAL HAS THIS NEED.
YOU WANT TO DO SOMETHING IN THE CITY.
SO THEREFORE, YOU'RE GOING TO HAVE TO TAKE UPON THIS NEED.
THERE'S NOTHING INDIVIDUALIZED ABOUT THAT.
AND YOU'RE NOT GOING TO GET TO THE ROUGH PROPORTIONALITY THAT THE CONSTITUTION REQUIRES.
YOU'RE GOING TO HAVE TO LOOK AT THEIR PROJECT AND THEIR IMPACT SPECIFICALLY ON SOME TYPE OF NEED.
BUT YOU CAN'T TIE IT ONTO THIS ONE PROJECT.
YOU CAN'T MAKE A PARTICULAR PROJECT BEAR DISPROPORTIONATELY THE BURDEN OF WHAT'S GOING ON WITHIN THE CITY BECAUSE IT IS THE RESPONSIBILITY FOR ALL THAT ARE WITHIN THE CITY TO PAY FOR THE PUBLIC SAFETY, THE PUBLIC REQUIREMENTS THAT A CITY MAINTAINS.
SO YOU DON'T GET TO USE YOUR POWER HERE TO DISPROPORTIONATELY PLACE IT UPON ANOTHER POINT OF CONDITIONS AND IMPACT FEES IS NOT TO SHIFT THE CITY'S RESPONSIBILITY.
IT IS TO MAKE SURE THAT THOSE WHO ARE COMING PAY THEIR FAIR SHARE.
AND YOU CAN'T DETERMINE WHAT THEIR FAIR SHARE IS WITHOUT DOING AN INDIVIDUAL ASSESSMENT.
AND IN THIS CASE, THEY DID THE ASSESSMENT, YOU KNOW, SAYING THAT A PATHWAY CAN.
BUT THAT'S NOT GOING TO BE ENOUGH.
LIKE I SAID, THAT'S SOME TYPE OF GENERAL STATEMENT, YOU KNOW? WELL, IF YOU HAVE A BUILDING, YOU'RE GOING TO HAVE TRAFFIC.
IF YOU MAKE LESS PEOPLE DRIVE TO HAVE A BIKEWAY, THAT CREATES LESS TRAFFIC.
SURE. IS IT GOING TO GET YOU PAST ROUGH PROPORTIONALITY? NO. YOU'RE NOT GOING TO BE ABLE TO JUST COME CONCLUSORY.
AND SO THIS REMEDY IS SUFFICIENT.
YOU NEED MORE CONCLUSORY FINDINGS, YOU'RE GOING TO NEED EVIDENCE.
SO WE GET THE NOLAN AND DOLAN.
GOT. BUT, YOU KNOW, IT DIDN'T SAY ANYTHING THAT WE COULDN'T MAKE THEM PAY MONEY.
AND SO THIS IS WHERE WE GET TO GOOSE.
SO WE HAVE THIS PROPERTY WHERE THEY KNOW THEY'RE GOING TO NEED TO BUILD IT UP.
THEY'RE GOING TO NEED TO BUILD UP THIS PROPERTY.
THEY'VE GOT SOME WETLANDS THAT ARE AT ISSUE.
SO THEY COME AND THEY'VE GOT A PLAN.
WE'RE GOING TO OFFER UP 11 ACRES IN A SOUTH AS A CONSERVATION EASEMENT.
CAN WE GET A PERMIT? THAT'S LIKE, JUST LIKE, WELL, WHY DON'T WE DO THIS INSTEAD? WHY DON'T YOU JUST BUILD ONE ACRE OF YOUR 14.9 AND GIVE US THE OTHER? YOU KNOW THE REST, ALL RIGHT.
I WAS LIKE, OKAY, YOU KNOW, IF YOU DON'T WANT TO DO THAT AS A CONDITION OF IT, THAT'S FINE.
WE'LL GO ALONG AND WE'LL LET YOU DO YOUR ORIGINAL PLAN.
YOU KNOW, YOU CAN GO AHEAD AND JUST DO THE 11 ACRES CONSERVATION IF YOU'RE WILLING TO PAY MONEY SO THAT WE'VE GOT THESE OTHER PROPERTIES THAT NEED SOME MITIGATION.
YOU GIVE US SOME MONEY FOR THAT, AND THEN WE'LL PROVE YOUR PROJECT.
I WOULDN'T BE TALKING ABOUT THIS IF THEY DIDN'T SAY NO AND SUE.
SO IT MAKES ITS WAY TO THE SUPREME COURT.
AND THE SUPREME COURT SAYS WHEN THE GOVERNMENT COMMANDS THAT YOU RELINQUISH SOME TYPE OF FUNDS OR IDENTIFY PROPERTY INTERESTS, YOU KNOW, WE'RE GOING TO CONSIDER THAT A PER SE TAKING.
YOU GAVE THEM THIS OPTION OF MONEY.
BUT WE'RE NOT SEEING THAT IS ANY BETTER.
IT'S STILL GOING TO HAVE THE SAME ANALYSIS.
[00:30:09]
COMPENSATION.AND DOLAN. SO YOU'RE GOING TO NEED THAT ESSENTIAL NEXUS YOU'RE GOING TO NEED.
A ROUGH PROPORTIONALITY, AND THAT'S EVEN IF IT'S DEMAND IS FOR MONEY.
SO ANY TIME YOU'RE MAKING A DEMAND, IT'S WHAT IS THE CONNECTION TO THE PROJECT? EXACTIONS ARE NOT, PER SE, ILLEGAL.
SO ESSENTIALLY THE SUMMARY IS.
CAN YOU CONDITION MAKE DECISIONS ON PROPERTY, WHETHER IT'S GRANTED AN EASEMENT, YOU KNOW, PAYING A FEE? YES. BUT.
WHEN YOU DO SO, YOU'RE GOING TO REQUIRE HAVE A REQUIREMENT.
YOU'RE GOING TO HAVE TO HAVE AN ESSENTIAL NEXUS AND YOU'RE GOING TO HAVE TO BE ROUGHLY PROPORTIONAL BETWEEN THE CONDITION THAT YOU'RE IMPOSING AND THE IMPACT OF THE PROJECT. BASES THAT THE COURT SAID IS THE WHOLE POINT OF NOLAN DOLAN.
WHAT WE'RE TRYING TO DO IS HAVE A BALANCE.
WE WANT YOU TO BE ABLE TO MAKE SURE THAT PEOPLE ARE COMING IN.
AT THE SAME TIME, WE WANT TO LOOK OUT FOR THOSE PEOPLE AND MAKE SURE THAT YOU ALL.
GOVERNMENTS AREN'T DOING ANYTHING, WHICH IS WHAT THEY CONSIDER, QUOTE, OUT AND OUT EXTORTION.
THAT WAS THOUGHT THE FIFTH AMENDMENT RIGHT TO JUST COMPENSATION.
YOU NEW PEOPLE HAVE TO PAY YOUR IMPACT.
AND EITHER YOU GRANT US OUR WISH LIST OR YOU DON'T GET YOUR PERMIT.
THAT'S THE ALL OUT EXTORTION THAT THEY'RE TRYING TO AVOID.
SO THIS IS THE POINT WHERE I CAN STOP TALKING SO MUCH AND YOU ALL CAN ASK ME QUESTIONS.
JUST AS AN EXAMPLE, MALABAR ROAD.
THERE ARE SO MANY NEW PROJECTS GOING IN ON MALABAR.
WE HAVE TO ASSUME THE CITY HAS TAKEN THAT INTO CONSIDERATION, THAT THEY'RE GETTING IMPACT FEES TO WIDEN OR WHATEVER THEY HAVE TO DO TO MALABAR ROAD TO IMPROVE THE TRAFFIC FLOW. YES, CERTAINLY WE HAVE ORDINANCES THAT REQUIRE IT.
SO WHAT WE'LL DO IS ONCE THEIR LAND USE AND ZONING HAVE BEEN APPROVED, THAT'S WHEN WE START.
AND USUALLY THEY'VE ALREADY STARTED DOING SOME OF THE STUDIES ANYWAY.
THEY'LL HAVE THEIR TRAFFIC IMPACTS STUDY.
WE'LL HAVE OUR ENGINEER REVIEW IT USUALLY.
HE HAS SOME QUESTIONS OR CONCERNS AND THEY'LL GO BACK AND FORTH BECAUSE ONCE WE CAN ESTABLISH WHAT THEIR IMPACT IS, THERE'S FORMULAS FOR DECIDING HOW MUCH THEY MUST PAY AND WHAT THEY MAY DO.
MAYBE IT'S JUST, HEY, THEY'RE FINE IN MALABAR.
A LOT OF TIMES WHAT WE'RE GOING TO BE TALKING ABOUT IS YOU MAY HAVE TRAFFIC, ADDITIONAL TRAFFIC STOPS, DEVICES, AND THERE ARE DIFFERENT MEASUREMENTS THAT TRIGGER THAT.
ALL OF THEM HAVE SOME SOMETHING TO DO WITH THE IMPACT.
SO WE HAVE ALL OF THE PROJECTS THAT WE KNOW ARE COMING.
WE HAVE A FORMULA IN WHICH THEY'VE ALL AGREED.
THEY HAVE ALL HAVE THEIR STUDIES.
BUT IT'S VERY SPECIFIC BECAUSE WE HAVE THE STUDIES AND WE CAN APPORTION AMONGST EVERY PROJECT THAT'S IN THAT AREA WHAT YOUR INDIVIDUAL IMPACT IS THAT IS PERMISSIBLE AND IS WELL BACKED UP BECAUSE, YOU KNOW, WE'VE GOT THE LIST, WE'VE GOT THE STUDIES, EVERYBODY HAS IT.
[00:35:01]
ALL IN AND EVERYBODY ELSE BENEFITS FROM IT.EVERYBODY'S GOING TO HAVE SOME EFFECT AND YOU HAVE THE WAY IN WHICH YOU CAN JUSTIFY IT.
THANK YOU. ANY OTHER QUESTIONS? THANK YOU, MADAM CHAIR.
FIRST OF ALL, MS.. SMITH, I JUST LIKE TO SAY THANK YOU.
THANK YOU FOR BEING HERE TONIGHT.
BUT THANK YOU FOR EVERYTHING YOU DO.
VERY SPECIFICALLY, THANK YOU FOR WHEN YOU ACCEPTED THAT AWARD.
TELLING YOUR STORY OF BEING FIVE YEARS OLD AND DECIDING YOU WANT TO BE A LAWYER AND JUST DOING IT.
I ACTUALLY SHARED THAT STORY WITH MY SIX YEAR OLD DAUGHTER AND WE HAD A FUN LITTLE MOMENT ABOUT IT.
THANK YOU. I REALLY APPRECIATE IT.
SO TONIGHT'S PRESENTATIONS BEEN AWESOME.
I TRY TO UNDERSTAND THINGS TO THE POINT THAT I CAN EXPLAIN IT TO SOMEONE ELSE, BECAUSE THAT'S WHAT I TRY TO DO OUT IN THE COMMUNITY AND STUFF IS TO UNDERSTAND FROM A LEGAL PERSPECTIVE THE ORDER OF THINGS.
BECAUSE THE WAY YOU JUST DESCRIBE THAT, IT MAKES SENSE.
BUT THE WAY THAT IT FEELS IS THE TRAFFIC COMES FLOWING IN.
I'M TALKING ABOUT THE THE TRAFFIC OF THE BUSINESS IS THAT WE'RE ASKED TO LOOK AT THIS PIECE OF LAND AND THEY USUALLY SHOW US A POTENTIAL PROJECT, EVEN IF THAT'S RELATIVELY EARLY ON IN THE PROCESS.
YOU KNOW, WE DO THE THE LAND USE CHANGE AND THEN WE MOVE ON AND DO A ZONING CHANGE.
BUT FUNDAMENTALLY, WE DON'T KNOW IF IT FITS THAT AREA, IF IT ADDS TO THE VIBRANCY OF THE AREA OR TAKES AWAY OR IF IT TAKES AWAY FROM THE LEVEL OF SERVICE OR IF IT ADDS TO THE LEVEL OF SERVICE, IF WE KNOW HOW MUCH RESPONSIBILITY THEY'RE GOING TO BEAR.
SO HOW DO WE KNOW? AND TO THE POINT OF BEING ABLE TO EXPLAIN IT TO SOMEBODY ELSE, THAT WHEN THAT PROJECT MOVES FORWARD, THAT SOMEHOW THE CITY IS GOING TO BE MADE WHOLE AND RECONCILED? THAT'S A PART OF THE COMPREHENSIVE PLAN AND THE ORDINANCES AS FAR AS MAKING SURE WE HAVE CONCURRENCY AND THAT EVERYBODY PAYS THEIR PROPORTIONAL FAIR SHARE.
SO THE PROJECT, YES, YOU GET THE LAND USE AND YOU GET THE ZONING, BUT IT'S ALSO CONDITIONED UPON YOU'RE GOING TO HAVE TO MEET, YOU KNOW, CONCURRENCY, WHETHER IT'S TRAFFIC YOU'RE GOING TO HAVE WHEN YOU'RE GOING THROUGH SITE PLAN.
YOU'VE GOT THE LAND USE, YOU'VE GOT THE ZONING, SO WE KNOW WHAT YOU CAN DO ON THE PROJECT.
WE'RE GOING TO LOOK AT WHAT YOU'RE GOING TO BUILD, HOW YOU'RE GOING TO BUILD IT, WHAT THE EFFECTS ARE, AND THEN WE'RE GOING TO TELL YOU THAT HOW YOU'RE GOING TO PAY TO OFFSET THOSE EFFECTS BY ESTABLISHED FORMULAS AND BY THE RESEARCH THAT SHOWS WHAT YOUR EFFECT IS.
NOW, THANK YOU FOR THAT EXPLANATION.
SO WITH THAT BEING SAID, I ALWAYS RELATE EVERYTHING IN THIS CITY BUSINESS BACK TO ALGEBRA.
AND HAVING THIS CONVERSATION IS WHAT THE FEES ACTUALLY ARE.
BUT UNLESS THE X HERE OF HOW MUCH THE IMPACT FEES ARE OR THE FEES ARE, THE RATE IS TALKED ABOUT CONTROLLED SPECIFIC BECAUSE THAT'S APPLIED TO EVERYBODY, RIGHT? YOU DON'T YOU DON'T MANUFACTURE THE RATE IN A PARTICULAR AREA OUR CITY HAS VIA STATUTE OR WHAT HAVE YOU, CERTAIN RATES AND WAYS WE APPLY THEM.
ALL WE'RE TAKING IN FROM A PROJECT IS THE Y, RIGHT? WE'RE JUST INSERTING THE NUMBER AND MULTIPLYING IT BY OUR EXISTING RATES.
AM I AM I UNDERSTANDING THAT CORRECTLY AS FAR AS WHAT WE CHARGE THEM? AS FAR AS THE IMPACT, YES.
AND YOU'LL HAVE PROJECTS THAT WILL GO ABOVE AND BEYOND.
YOU KNOW, THEY'LL BECAUSE NOBODY WANTS THEIR RESIDENTS.
SO SOMETIMES THEY'LL GO ABOVE JUST LIKE YOU HAVE WITH WATER, THEY'LL OVERSIZE PIPES.
AND THIS ABOUT CONSIDERATION OF THAT, AND SOMETIMES YOU'LL DO THAT IN A DEVELOPMENT AGREEMENT.
BUT YES, SOME OF THE PROBLEMS THAT WE HAVE NOW AREN'T BECAUSE THE METHODOLOGY DOESN'T WORK.
IT'S JUST THAT THERE WAS A PERIOD OF TIME WHERE WE DIDN'T ACTUALLY UPDATE THE FEES.
SO YOU HAD A PERIOD OF TIME WHERE YOU HAD IMPACT FEES THAT YOU COULD CHARGE.
YOU DIDN'T CHARGE THEM, BUT THEY WERE INSUFFICIENT.
SO. THAT YOU CAN'T DO IS LIKE, WELL, NOW WE'VE UPDATED THEM AND SO WE'VE GOT THIS DEFICIT.
SO EVERYBODY THAT COMES IN, YOU'RE GOING TO PAY YOUR FAIR SHARE AND WE'RE GOING TO HAVE, YOU KNOW, HELP US DIG OUT OF THIS HOLE, BECAUSE DIGGING OUT THE HOLE IS SOMETHING NOT THAT YOU JUST IMPOSE UPON NEW PEOPLE.
THAT'S SOMETHING YOU SPREAD OUT AMONGST ALL.
IT'S ESSENTIALLY THE BASIS FOR THE AD VALOREM TAXATION.
THIS IS SOMETHING THAT ALL RESIDENTS THAT ARE COMPELLED TO PAY INTO.
[00:40:03]
BUT THAT'S ESSENTIALLY WHAT THE HOLE WE GOT INTO BECAUSE THE IMPACT FEES WEREN'T ADJUSTED.BUT YOU'RE NOT GOING TO GET OUT WITH THE NEW PEOPLE.
THANK YOU AGAIN FOR THAT ULTIMATE CLARIFICATION.
AND I'M GOING TO LEAVE THIS WITH AN UNDERSTANDING TO ANSWER MY QUESTION OF HOW DO WE DEAL WITH THE FLOW OF TRAFFIC IS I FEEL AS THOUGH THERE'S A CERTAIN LAYER OF TRUST. I THINK THAT WE, WE AND ANYONE ELSE HAVE TO TRUST THE PROCESS AFTER US.
WE HAVE TO KIND OF LET IT GO OUT THERE.
AND THEN IF WE ARE TO INFLUENCE THE PROCESS, IT HAS TO BE UPSTREAM OF ANY PROJECT IN, AS I REFERRED TO THOSE X'S, AND THAT'S BETWEEN THE CITY AND THE CITY ONLY.
I'M UNDERSTANDING THE CONCEPT A LOT MORE AS YOU'RE EXPLAINING IT, AND I REALLY APPRECIATE THAT.
MY LAST INQUIRY FOR YOU, IF YOU'LL ENTERTAIN ME, MADAM CHAIR, I THANK YOU IS I REALLY LIKED THIS SLIDE THAT MENTIONED FLORIDA CONSTITUTION, ARTICLE TEN, SECTION SIX, BECAUSE THE END PART, AS INSIGNIFICANT AS IT MAY SEEM, IT WAS SIGNIFICANT TO ME.
AND MY BRAIN CAN'T WRAP AROUND HOW ANYBODY WILL EVER GET THEIR HANDS ON THIS PROPERTY.
BUT AM I UNDERSTANDING THIS CORRECTLY THAT IF THE RIGHT FORCES COME TO BE, EVEN IF THEY CAN'T IDENTIFY THOSE LANDOWNERS, AS LONG AS THEY FIGURE OUT WHAT A JUSTIFIABLE COMPENSATION IS AND PUT THE MONEY IN AN ACCOUNT FOR THEM, SOMEWHERE, THEY'LL BE ABLE TO FEASIBLY TAKE POSSESSION OF THE PROPERTY AND DO WHAT THEY HAVE TO DO WHATEVER GOVERNMENT ENTITY IS GOING TO SET OUT ON THAT WORK.
IF YOU CAN'T, THERE'S AN EMINENT DOMAIN PROCESS AND CERTAINLY THERE'S A PROCESS FOR ANYONE.
BUT YES, THERE'S A NOT SO FUN DRAWN, MORE DRAWN OUT LEGAL PROCESS, BUT THERE IS A PROCESS.
SO WHOSE PROBLEM IS ALL THAT GOING TO BE? ARE IS YOUR OFFICE GOING TO BE INVOLVED IN DISSECTING THAT MESS WHEN IT COMES DOWN TO IT, OR IS IT GOING TO BE ALL HANDLED AT THE COUNTY LEVEL TO YOUR KIND OF KNOWLEDGE, JUST ON THE SURFACE OF THE ISSUE? IF IT'S OUR ROAD IS GOING TO BE OUR PROBLEM.
MM HMM. AND WE WILL ALL SHARE IN IT.
THANKS AGAIN, MS.. SMITH, AND THANK YOU FOR ENTERTAINING ME, MADAM CHAIR.
ANY OTHER QUESTION? THANK YOU.
AS BOARD MEMBERS. THANK YOU FOR THE PRESENTATION.
BUT AS BOARD MEMBERS, YOU MENTIONED THAT WE ARE TO DEAL WITH THE EVIDENCE AND NOT TO BE A WITNESS.
SO AS A BOARD MEMBER, HOW MUCH CAN WE INTERJECT INTO A PRESENTATION HOUR IF PEOPLE HAVE THEIR OWN PERCEPTIONS? SHOULD THAT BE MENTIONED OR SHOULD THAT NOT BE MENTIONED? YOU CAN ASK QUESTIONS IN ORDER TO ATTEMPT TO GET EVIDENCE, BUT YOU CAN'T ACTUALLY BE A WITNESS.
YOU WHAT YOU SAY OR NOT IS NOT GOING TO BE COMPETENT, SUBSTANTIAL EVIDENCE.
YOU MAY THINK I'LL HAVE SOMETHING.
I THINK THEY'RE MISSING THIS. I CAN ASK QUESTIONS.
BUT YOU'RE JUST, YOU KNOW, PERSONAL OPINION BECAUSE WE ALL HAVE IT.
YOU KNOW, WE SIT AROUND AND WE WE LIVE HERE AND WE HAVE IDEAS OF WHAT THE CITY SHOULD BE.
I HAVE IDEAS WHAT THE CITY SHOULD BE.
YOU KNOW, ALEX AND I WILL HANDLE OFFICIALLY, YOU KNOW, THE POLICY THAT COUNCIL HAS.
AND WE MAY SIT AROUND AND TALK ABOUT THINGS THAT WE MIGHT LIKE, BUT THAT'S TO THE SIDE.
THAT'S NOT THE CITY'S BUSINESS.
AND YOU ALL ARE ABOUT THE CITY'S BUSINESS.
SO WHAT YOU PERSONALLY WOULD LIKE.
YOU KNOW, HEY, THERE'S A PROPERTY HERE.
IT WAS THE LAND USE WAS CONSISTENT WITH THE COMPREHENSIVE PLAN, THE ZONING, THE COMPREHENSIVE PLAN.
IT MAY BE LAND DEVELOPMENT REGULATIONS, BUT WHAT I HAVE RATHER SOMETHING ELSE BEEN ON THAT PROJECT.
YES, BUT THAT HAS NOTHING TO DO WITH MY JOB AS A CITY ATTORNEY.
IF THEY MEET THE LAND DEVELOPMENT CODE, THEN, YOU KNOW, IS COUNCIL'S JOB DUTY.
AND THEY MEET ALL THE CRITERIA.
IT DOESN'T MATTER IF I'D RATHER SOMETHING ELSE BE THERE.
THEY GET THE ABILITY TO DO HAVE THEIR PROPERTY BE THAT.
AND THAT'S WHAT WE HAVE TO FOCUS ON.
[00:45:01]
IT'S NOT SO MUCH, YOU KNOW, I COULD GO THROUGH I MEAN, I THINK, YOU KNOW, ALEX AND I WOULD HAVE A WONDERFUL CITY IF WE COULD JUST GO ON A MAP AND JUST DECIDE WE'RE GOING TO STICK THIS PROJECT HERE, THAT PROJECT THERE, WE HAVE UNLIMITED AMOUNT OF CREATIVITY, BUT THAT'S NOT SOMETHING YOU CAN ACTUALLY IMPOSE UPON PEOPLE. YOU KNOW, THEY HAVE ABILITY TO USE THEIR PROPERTY.IF THEY MEET THOSE CRITERIA, THEY CAN USE THEIR PROPERTY THAT WAY.
IT'S NOT ABOUT OUR WISH LISTS.
WHAT ELSE? THANK YOU. THANK YOU. ONE MORE QUESTION, PLEASE.
YES, SIR. YOU HAD MENTIONED THE IMPACT FEES WERE ALREADY SET FROM THE COMPREHENSIVE PLAN.
IS IT THE OLD COMPREHENSIVE PLAN? AND IT CAN'T BE CHANGED UNTIL THE NEW ONE? NO. WE RECENTLY CHANGED IMPACT FEES.
I THINK SOME OF THOSE PROBABLY WERE 510.
THERE WAS A HUGE LAG AS FAR AS UPDATING, AND WE UPDATED MOST OF THEM A FEW YEARS AGO.
AND THERE ARE RESTRICTIONS ON HOW FREQUENTLY WEEKEND UPDATE THEM NOW.
NOW IT'S REALLY ABOUT JUST GETTING THE COMPREHENSIVE PLAN.
AND PART OF THE COMPREHENSIVE PLAN IS NOT SO MUCH DELETE THE IMPACT FEES WHICH ARE IN THERE.
IT'S ABOUT THE ROAD LEVELS, HOW WE DESIGNATE THE ROADS.
THAT'S SOMETHING THAT WE'LL BE LOOKING AT.
AND I THINK THERE'S A STUDY THAT'S ONGOING BECAUSE HOW WE DESIGNATE THE ROADS ALSO SHOWS AS FAR AS WHAT IMPACT SOMEONE MAY BE HAVING UPON IT.
THANK YOU, MS.. SMITH. AND I ALSO APPRECIATE YOUR PRESENTATION TONIGHT AND ANSWERING OUR QUESTIONS.
THANK YOU. I DON'T GET OUT TO SEE YOU ALL, BUT I DO APPRECIATE YOU HAVING ME HERE.
OKAY. THE NEXT ITEM ON THE AGENDA IS.
PRESENTATION BY THE CITY MANAGER, MS..
SHERMAN, ON THE TRANSPORTATION IMPROVEMENTS AND PUBLIC SAFETY.
WELCOME. SO I'M NOT AS FANCY AS PATRICIA.
I'M JUST GOING TO TALK TO YOU. WE'RE GOING TO HAVE A LITTLE CONVERSATION.
IT'S A PLEASURE TO BE HERE WITH YOU ALL TONIGHT.
BUT WHAT I WANTED TO START OUT WITH WAS TO PAINT THE PICTURE FOR YOU AND KIND OF GIVE YOU A SENSE OF WHAT WE AS A CITY STAFF ARE DOING IN SUPPORT OF THE THINGS THAT YOU'RE TRYING TO ACCOMPLISH, THE THINGS THAT COUNCIL IS TRYING TO ACCOMPLISH.
AND I ACTUALLY LIKED WHAT YOU SAID, MR. OLSZEWSKI, ABOUT TRUST, BECAUSE PART OF OUR JOB IS TO, I THINK, EVERY DAY TO PROVE TO YOU ALL THAT WE ARE DOING AS MUCH AS WE CAN TO MAKE SURE THAT THE CITY'S INTERESTS ARE PROTECTED IN ALL AREAS OF OUR CITY AND ALL AREAS OF WHAT WE'RE SEEING DEVELOPING ALL AROUND US.
SO LET ME START WITH JUST A FRAMEWORK.
THE FRAMEWORK IS WE'VE HAD TREMENDOUS GROWTH IN THE CITY.
WE HAVE TREMENDOUS NEEDS IN TERMS OF PICK A TOPIC AND THERE'S A NEED.
RIGHT. COMPREHENSIVE PLAN JUST CAME UP.
IT HAD BEEN YEARS SINCE WE FULLY UPDATED THAT.
CHANGES IN ROADWAY CLASSIFICATIONS HADN'T BEEN UPDATED FOR YEARS.
AND LOOK AT US, THOUSANDS OF PEOPLE LATER AND WE HAVEN'T CHANGED OUR ROADWAY CLASSIFICATIONS.
I COULD GO ON WITH A VERY LONG LIST, BUT I'LL I'LL TEE UP A COUPLE EXAMPLES THAT I'M GOING TO DIVE IN, BECAUSE ONE OF THE THINGS THAT COMES UP CONSTANTLY IS ALL THE TRAFFIC, ALL THE ROADWAYS.
MALABAR WIDENING NEEDS TO HAPPEN.
LOOK AT THE MALABAR 95 INTERCHANGE LOCATION.
LOOK AT SAN FILIPPO BACKING UP.
LOOK AT OUR FIRE STATIONS, LOOK AT OUR POLICE OFFICERS, LOOK AT OUR PUBLIC SAFETY RESPONSE TIMES.
THE THEME OF SO MUCH OF THAT IS WE'RE BEHIND AND WE'RE PLAYING CATCH UP FOR A VARIETY OF REASONS.
AND I'M NOT HERE TO CAST BLAME ON PAST FOLKS AND DECISIONS THAT WERE MADE.
SO WHAT I WANT TO KIND OF NARRATE THROUGH WITH YOU AND I'M GOING TO DO IT IN TOPICS AND I'M GOING TO START WITH TRANSPORTATION AND TRAFFIC ISSUES IS OUR CURRENT ISSUES AND THE THINGS WE'RE ALREADY WORKING ON AND THE THINGS THAT WE WILL WORK WITH THE NEW DEVELOPMENTS TO DO.
SO TO START WITH, PATRICIA MENTIONED THE TRANSPORTATION IMPACT, THESE NEW DEVELOPMENTS.
PAYS THEIR PROPORTIONATE FAIR SHARE.
AS YOU HEARD, THEY HAVE AN OBLIGATION TO PAY TO IMPROVE THE AREAS AROUND THEM.
[00:50:03]
SOMETIMES IT'S WAY BEYOND JUST RIGHT IN FRONT OF THEIR PROPERTY AND YOU MAY BE AWARE OF THAT.BUT WHEN YOU LOOK AT THE BIG GRAND SCHEME OF THINGS AND YOU SEE WHERE THE PEOPLE ARE GOING TO LEAVE THAT SITE AND GO OUT BEYOND, THERE COULD BE TRAFFIC IMPROVEMENTS THAT ARE NECESSARY SOME MILES DOWN THE ROAD.
EVEN A NEW TRAFFIC SIGNAL, A WIDENED INTERSECTION, NEW TURN LANES, A VARIETY OF ITEMS. ALL OF THOSE THINGS HAPPEN AS PART OF THE NEW DEVELOPMENT AND THE STUDY OF THE IMPACT OF THE NEW DEVELOPMENT.
AND I LIKE TO REMIND PEOPLE I'VE BEEN HERE 22 YEARS OR MANY WHO HAVE BEEN HERE A LOT LONGER THAN ME.
BUT I LIKE TO REMIND PEOPLE THAT MUCH OF OUR CITY WAS DEVELOPED BEFORE WE HAD A CHANCE TO START FIDDLING WITH IT, RIGHT, BECAUSE OF WHAT GDC DID AND HOW THEY PRE PLATTED SO MUCH OF THE CITY, WHICH MEANS THE ROADWAY INFRASTRUCTURE WE HAVE TODAY IN LARGE PART IS WHAT GDC GAVE US YEARS AGO.
SO IT'S KIND OF INTERESTING TO WORK THROUGH THE CHALLENGES.
SO I'LL START WITH MALABAR ROAD, WEST OF MINTON, GOING OUT TO THE ST JOHN'S HERITAGE PARKWAY.
THAT'S A PROJECT, THAT'S A LEGACY PROJECT FOR US.
THE OLD PROBLEM I HAVE IS THE ROAD ALREADY NEEDS TO BE WIDENED, RIGHT? SO I CAN USE SOME IMPACT FEES IF I GOT THEM IN THE BANK.
BUT THE NEW DEVELOPERS, I CAN'T SAY IT'S YOUR PROBLEM TO FIX MY OLD ISSUE.
SO IN OTHER WORDS, THAT MEANS THERE'S OTHER SOURCES OF MONEY I HAVE TO PURSUE.
BELIEVE IT OR NOT, THAT COST $10 MILLION.
AND THEY'RE PUTTING ESSENTIALLY $3 MILLION TOWARD IT AS A AS AN ADDITIONAL FUNDING SOURCE.
AND TOMORROW THEY'RE ACTUALLY GOING TO VOTE ON THAT.
AND WE HAVE EVERY REASON TO BELIEVE THAT WE'LL GET THAT.
SO WE'LL MOVE INTO THE PLANNING PHASE.
BUT THAT'S $10 MILLION FOR DESIGN, WHICH IS INTERESTING.
SO DESIGN PHASE IS GOING TO BE A COUPLE OF YEARS.
THEN WE HAVE TO FINISH ACQUIRING RIGHT OF WAY.
AND WE'RE SUCCESSFUL IN SOME CASES.
CONSTRUCTION IS MILLIONS AND MILLIONS OF DOLLARS, SO WE'RE GOING TO HAVE TO BUILD IT IN SEGMENTS.
SO I'M NOT SAYING THAT TO BE NEGATIVE AND A DOWNER ON THIS, BUT I WANT YOU TO KNOW THE REALITY IS THAT THE OLDER INFRASTRUCTURE IS GOING TO TAKE US SOME TIME TO GET BACK ON TRACK WHERE IT NEEDS TO BE.
JUST A FEW OTHER QUICK TRANSPORTATION IMPACTFUL STORIES AND I'LL MOVE TO PUBLIC SAFETY.
AND I SHOULD HAVE SAID AT THE BEGINNING I WAS GOING TO END WITH THIS ANYWAY.
THE POINT OF ALL THIS FOR ME IS I THINK IT'S IMPORTANT.
YOU ALL KNOW AS MEMBERS OF OUR OUR CITY, WHAT'S HAPPENING IN YOUR CITY AND SOME OF THIS, YOU MAY NOT HAVE TIME TO COME AND SIT WITH US FOR 7 HOURS AT COUNCIL MEETINGS. SO FEEL FREE TO REACH OUT TO US AT A STAFF LEVEL.
YOU'VE GOT GREAT PEOPLE HERE WHO ARE PART OF GROWTH MANAGEMENT DOING WHAT THEY DO EVERY DAY.
I WANT YOU TO FEEL FREE TO USE THIS AS COLLABORATORS AND PARTNERS.
SO A COUPLE OF OTHER TRANSPORTATION STORIES.
WE TALKED ABOUT THE SAINT JOHN'S HERITAGE PARKWAY.
SO THE PART OUT NORTHWEST, IT'S TWO LANES.
NO TRAFFIC SIGNALS, NO PLANS TO WIDEN.
SO CLEARLY, THAT'S SOMETHING WE'RE ALREADY WORKING ON.
NEW DEVELOPERS ARE GOING TO PAY FOR SOME OF THAT, BUT IT'S SOMETHING THAT ALREADY NEEDS TO HAPPEN.
SO RIGHT NOW, WE AS A CITY ARE ALREADY WORKING ON THE ENGINEERED PLANS AND GETTING OUR PERMIT FOR A SIGNAL TO GO AT ST JOHN'S HERITAGE PARKWAY AND MALABAR, OBVIOUSLY WAY OVERDUE. WE SHOULD HAVE BEEN THERE YEARS AGO, BUT WE'RE WORKING ON THAT NOW.
SADLY, THEY HAD THE MONEY THEY HAD AT THE TIME THEY BUILT IT.
[00:55:01]
IF YOU PAY ATTENTION TO IT WHEN YOU'RE DRIVING, THERE'S THIS BRIDGE THAT GOES OVER THIS LOVELY CANAL WE CALL THE SEA ONE CANAL, THE MELBOURNE SILMAN MAINTAINS.INTERESTINGLY, THEY DIDN'T BUILD A WIDE BRIDGE.
SO THAT'S JUST ANOTHER ADDED ELEMENT OF OK.
WE HAVE TO FIND SOME MONEY FOR THIS.
SO AGAIN, LOOKING AT SPACE COAST, TPO, LOOKING AT FEDERAL FUNDING, BUT AGAIN, IT'S GOING TO COME BACK TO OKAY, HOW MUCH MONEY IS IN THE IMPACT FEE PIGGY BANK AND HOW MUCH MONEY IS IN GENERAL FOAM WE CAN PUT TO IT AND CAN WE GET THIS DONE? SO A LOT OF CHALLENGES THERE, BUT WE'RE WORKING ON IT.
THE LAST PART I WANT TO TALK TO YOU ABOUT IS THE ST JOHN'S HERITAGE PARKWAY THAT'S UNDERGOING THE ALTERNATE CORRIDOR EVALUATION RIGHT NOW, THE ONE THAT WAS REFERENCED, ACTUALLY THE NO MAN'S LAND VERSION OF THE PARKWAY.
THERE WILL BE SOME POTENTIAL FOR WE'RE GONNA HAVE TO NEGOTIATE, TRY TO GET LAND.
BUT ONE OF OUR CURRENT MISSIONS IS TO EVERY TIME WE GET A NEW DEVELOPMENT COMING IN IN THE VICINITY OF THE FUTURE PARKWAY THAT CONNECTS THE NORTHWEST PIECE AND THE SOUTH SOUTHEAST PIECE.
IT'S JUST GOING TO DEPEND ON WHERE IT'S AT AND SEGMENTS AND THINGS LIKE THAT.
WE HAVE A LOT OF LEGACY PROBLEMS THAT WE'RE TRYING TO FIX.
WE ARE WORKING HARD TO FIND THE FUNDING TO DO IT, TO PUT THE RIGHT PLANS IN PLACE, TO HAVE EVEN DESIGNS FOR SOME OF THESE THINGS THAT ARE NEEDED THAT HAVEN'T BEEN IN PLACE BEFORE. AND I THINK WE'LL GET THERE.
BUT IT'S I RECOGNIZE THAT FOR OUR OUR COMMUNITY, FOR OUR RESIDENTS, FOR OUR PEOPLE THAT LIVE HERE, IT IS HARD AT TIMES TO LOOK AT THIS AND BE SO FRUSTRATED AND SAY, WELL, WHY ISN'T THIS DONE? WE'RE CATCHING UP. AND THAT'S MY THEME.
BUT I JUST WANT TO BE REAL WITH YOU ABOUT WE ARE MAKING PROGRESS.
I'LL START WITH THE FIRE DEPARTMENT.
THERE IS A NEED FOR ADDITIONAL FIRE STATIONS TO IMPROVE OUR RESPONSE TIMES.
ONE IS ALREADY IN THE WORKS AND THAT'S FIRE STATION SEVEN ON PALM BAY ROAD.
IT'S THE LOCATION OF THE OLD FIRE STATION ONE FOR THOSE WHO'VE BEEN HERE A WHILE.
SO STAFF THE STATION, WE HAVE THE APPARATUS ON FUNDED AND ON ORDER, AS IT WERE, TO BUILD TO PUT IN THE STATION. WE ALREADY OWN THE LAND.
WE HAVE JUST RECENTLY GOTTEN APPROVAL FROM COUNCIL TO HIRE A CONTRACTOR TO PROVIDE THE ENGINEERED PLANS FOR THE STATION, WHICH WILL BE A PROTOTYPE THAT WE'LL USE FOR OTHER STATIONS THAT WE NEED TO BUILD.
SO THE POINT OF THAT IS TO SAY.
FIRE STATION SEVEN IS ALREADY COMING.
THERE'S TWO OTHER STATIONS THAT REALLY ARE GOING TO BE HAPPENING KIND OF ALONG THE SAME TIME FRAME.
ONE IS FIRE STATION EIGHT AND ONE IS FIRE STATION NINE.
OUR STATION EIGHT IS OVER IN EMERALD LAKE.
BUT IT WILL ALL BE IMPACT FEE CREDITABLE TO PATRICIA'S POINT EARLIER.
FIRE STATION NINE IS OUT HERE AT MALABAR AND ST JOHN'S HERITAGE PARKWAY.
THE CITY ACTUALLY OWNS A PARCEL OUT THERE.
IT'S ON THE OTHER SIDE OF THE STREET FROM HERITAGE HIGH SCHOOL.
[01:00:01]
SO WE ALREADY HAVE PLANS TO AFTER WE FINISH OUR OUR DESIGN OF OUR PROTOTYPE FIRE STATION, THAT SAME MODEL THAT WE'RE GOING TO USE FOR STATION SEVEN, IT'S GOING TO BE USED FOR STATION NINE OUT THERE.SAME MODEL THAT WE'VE BEEN USING TO STAFF FIRE STATION SEVEN WE WILL USE FOR FIRE STATION NINE, WHICH IS START ADDING STAFF EACH YEAR INCREMENTALLY, GET THE FUNDING SET ASIDE FOR THE CONSTRUCTION AND GET THAT GOING.
SO I SHARE ALL OF THAT WITH WITH YOU TO SAY THOSE ARE THINGS THAT WE'RE DOING NOW WITH EXISTING FUNDING BECAUSE WE'RE BEHIND ON THAT AND WE NEED TO CATCH UP AS THE NEW DEVELOPMENTS COME IN.
BUT WE CAN'T WAIT FOR THAT MONEY TO BUILD UP.
SO WE HAVE TO JUST GO AND FIND A PATH FORWARD.
SIMILARLY, ON THE POLICE DEPARTMENT.
ONE OF THE BIGGEST ISSUES HAS BEEN GETTING ENOUGH STAFF TO BE IN OUR VERY VAST CITY.
AND SO GEOGRAPHICALLY, YOU NEED A LOT OF PEOPLE OUT THERE ON THE ROADS.
SO WE'VE MADE A COMMITMENT TO FUND AT LEAST SIX, HOPEFULLY EIGHT NEW POLICE OFFICERS EVERY YEAR.
IN THE PAST THREE YEARS, WE'VE GOTTEN CLOSE.
WE'VE GOTTEN WE HAD SIX IN FISCAL YEAR 2021, SIX NEW OFFICERS.
WE HAD FOUR THE YEAR AFTER THAT.
AND THEN THIS YEAR WE FUNDED SIX.
SO WE'RE WE'RE STARTING TO BUILD THAT AND WE'RE GOING TO KEEP KEEP THAT COMMITMENT GOING.
SO THE GOOD NEWS IS WE'RE GETTING SOME PLANS TOGETHER AND WE'RE WORKING ON THAT.
BUT HERE'S THE MOST IMPORTANT THING I WANTED TO SORT OF END WITH ON THAT PIECE.
PATRICIA MENTIONED THAT THE IMPACT FEES ARE SOMETHING THAT WE CAN REQUIRE OF THE DEVELOPERS, RIGHT? AND SO WE DO THAT AS PART OF OUR REVIEW OF EVERY PROJECT.
INTERESTINGLY, THE STATE STATUTE CHANGED A YEAR OR TWO AGO, AND SO THERE'S A LOT MORE REGULATIONS ON WHAT YOU CAN DO WITH IMPACT FEES, LIKE THE AMOUNT THAT YOU CAN INCREASE IT OVER TIME.
IT'S VERY CONTROLLED AND YOU CAN'T GO TOO FAST AND IT HAS TO BE INCREMENTAL, AS IT WERE.
AND YOU CAN ALSO ONLY REVIEW THEM EVERY FEW YEARS, EVERY THREE YEARS.
SO WE IN 2018, WHICH WAS EFFECTIVE IN 2019, WE STUDIED THE POLICE, FIRE AND PARKS IMPACT FEES.
SO IT'S BEEN ABOUT THREE YEARS.
SO WE'RE PREPARING NEXT YEAR TO GET THOSE UNDERWAY FOR A STUDY AND GET THEM UPDATED.
THE REASON THAT'S IMPORTANT IS WHAT GOES INTO CREATING AN IMPACT FEE IS YOU HAVE AN OUTSIDE CONSULTANT DO IT SO IT'S ALL VERIFIABLE AND THEY LOOK AT WHAT ARE THE NEEDS OF THIS CITY? WHAT KINDS OF THINGS ARE YOU GOING TO NEED TO BUY TO MEET THE GROWING NEEDS OF YOUR CITY? THE CAPACITY NEEDS THAT ARE CHANGING, LIKE MORE PEOPLE MOVING IN AND MORE DEVELOPMENTS, ETC..
SO WE'RE GOING TO DO THAT BECAUSE OUR GOAL IS TO MAKE SURE THAT WE'RE DOING THINGS FROM A PLANNING PERSPECTIVE, THE WAY THAT WE NEED TO TO BUILD, TO BUILD WHAT SHOULD HAVE BEEN IN PLACE BEFORE SO THAT WE DON'T HAVE TO CATCH UP AGAIN.
THAT'S WHAT THIS IS ALL ABOUT.
THE COMPREHENSIVE PLAN, WE'RE COMMITTED TO NOT HAVING TO WAIT 15 MORE YEARS TO UPDATE IT AGAIN.
WE WANT TO DO IT ON A REGULAR BASIS LIKE WE SHOULD HAVE BEEN.
WE'RE GOING TO BUNDLE THEM TOGETHER AS ONE ITEM.
BUT THE TRANSPORTATION IMPACT FEES, WHEN WE LOOK BACK AT THAT, WE FOUND THAT THEY HAD LAST BEEN UPDATED IN 2012, AND THAT'S DISAPPOINTING BECAUSE IDEALLY WE WOULD HAVE HAD THOSE UPDATED.
SO AGAIN, CATCHING UP, TRYING TO PUT PUT THE CITY IN A BETTER PLACE.
SO ALL THAT TO SAY, I WANT YOU TO KNOW THAT IF YOU HAVE CONCERNS ABOUT ANY PROJECTS THAT COME BEFORE YOU AND YOU WANT TO KNOW, WELL, WHAT'S THE CITY GOING TO DO? WHAT'S THIS DEVELOPER GOING TO DO? PLEASE JUST LET US KNOW.
WE'D LOVE TO TALK TO YOU ABOUT THAT.
I MEAN, MY TEAM IS WELL VERSED ON WHAT'S HAPPENING.
YOU SEE A LOT OF THAT IN THE REPORTS.
BUT I KNOW SOMETIMES THE REPORTS DON'T TELL YOU THE FULL STORY OR GIVE YOU THE PICTURE OF OTHER THINGS THAT ARE ACTUALLY BEING WORKED ON IN ADDITION TO WHAT THAT DEVELOPER MIGHT HAVE TO PUT INTO PLACE.
AND WITH THAT, I WILL ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT THE CURRENT STATE OF THINGS AND TRANSPORTATION AND PUBLIC SAFETY OR I GUESS REALLY ANY OTHER TOPIC YOU'D LIKE TO TALK ABOUT? AND I REALIZE I I'M THE LAST PERSON ON THE AGENDA, SO I WILL JUST STOP THERE.
HUMAN. SHERMAN, DOES ANYONE HAVE ANY QUESTIONS? PIERS. THANK YOU, MADAM CHAIR.
YOU, MISS SHERMAN. WELCOME. THANKS FOR EVERYTHING YOU DO EVERY DAY.
[01:05:01]
THANKS FOR BEING AROUND US PAST MIDNIGHT LAST NIGHT.STILL SHOWING UP TO WORK ON TIME AND STILL STAYING LATE TONIGHT, WHICH MS..
BERNHARD GETS CREDIT FOR. MR. ANDERSON WAS CATCHING HIS Z'S I DIDN'T SEE HERE LAST NIGHT, BUT THANK YOU FOR EVERYTHING HERE.
I DON'T KNOW WHAT DEPARTMENT OR CAPACITY YOU STARTED AT IN THE YEAR 2000.
IF MY MATH IS ANY GOOD FOR BEING HERE 22 YEARS.
BUT WAS PALM BAY ROAD WIDENING UNDERWAY AT THAT POINT? WHAT I'M TRYING TO DO IS MENTALLY PICTURE HOW LONG IT IS.
HOW LONG DOES IT TAKE? WELL, TO CLARIFY, I'VE LIVED HERE FOR 22 YEARS.
I HAVEN'T WORKED FOR THE CITY FOR 22 OK.
IT TOOK A LONG TIME, BUT I COULDN'T TELL YOU HOW LONG IT WAS OR WHEN IT EVEN STARTED OFF HANDS.
I MOVED TO THE CITY IN 2006 AND IT WAS ALL IT'S ABOUT TO START, YOU KNOW, IT'S IT'S HAPPENING.
I JUST REMEMBER IT WAS SIDEWAYS AND ANYWAY, THAT WAS HERE REMEMBERS IT.
BUT I USE THAT JUST LIKE IT'S FRAME OF REFERENCE.
WHERE WOULD SIX EVEN GO? SO I DON'T EVEN KNOW IF IT'S FEASIBLE TO PLAN FOR IT.
BUT THAT'S WHERE I DON'T WANT TO SAY THAT I GET DISCOURAGED.
BUT WHERE IT'S I LOOK AND I JUST SEE IT AS THIS REALLY BIG OPPORTUNITY TO USE THE OPTIMISTIC WORD AND SAY, MAN, WHAT WHAT ARE WE GOING TO DO WHEN WE DO GET A BRIDGE ON ST JOHN'S BUILT AND EVERYTHING AND WE GET IT FOR LANE, WE'RE GOING TO HAVE TO TURN AROUND AND DO THE SIX EXPANSION, WHICH I KNOW IT'S MADE FOR THAT.
I LEARNED THAT IN THE, THE WORK ON THE OTHER CORRIDOR.
BUT YEAH, THOSE ARE SOME OF THE OPPORTUNITIES THAT I DON'T WANT TO SAY GET ME OVERWHELMED OR GET ME EXCITED, BUT THEY DEFINITELY PIQUED MY INTEREST AND GET MY INTRIGUE OF, OF I CAN'T I CAN'T HELP BUT USE THE WORD OVERWHELM.
I JUST GET REALLY OVERWHELMED WHEN I THINK ABOUT IT AND I TRY NOT TO.
AND AS I EXPLAINED TO MISS SMITH, I TRY TO UNDERSTAND THINGS WELL ENOUGH TO EXPLAIN THEM TO MY FRIENDS, FAMILY, COMMUNITY MEMBERS, AND I CAN'T GRASP HOW WE'RE GOING TO HANDLE IT.
WHEN THEY SAY, WELL, WHAT ARE WE GOING TO DO IN THE MEANTIME? I DON'T KNOW. I CAN'T GRASP IT.
YOU KNOW, MY PARENTS LIVE WE'RE NOT SUPPOSED TO SHARE OUR PERSONAL OPINION, BUT MY PARENTS LIVE JUST A LITTLE BIT WEST OF MILTON, AND I LIVE JUST A LITTLE BIT EAST OF MITTEN. AND THE TRIP THERE IS NO PROBLEM.
BUT THE TRIP BACK IS LIKE CRAZY.
AND DON'T MOVE FROM THAT HOUSE.
BEFORE THAT, EVERYTHING'S FIXED.
AND I JUST I TRY TO TO UNDERSTAND.
BUT THINGS LIKE THIS AND UNDERSTANDING JUST HOW MUCH DARN PLANNING IS GOING INTO IT, ESPECIALLY THE CLARIFICATION ON THE FIRE DEPARTMENTS, THAT IS REALLY, REALLY VALUABLE INFORMATION. AND I APPRECIATE YOU SHARING WITH US TONIGHT.
SO THANK YOU. THANK YOU, MADAM CHAIR.
THANK YOU. I HAVE A QUESTION NOW FOR PATRICIA.
AS A BOARD MEMBER, CAN WE EVEN INTERJECT EFFICIENCIES IN OUR INFRASTRUCTURE FOR TRANSPORTATION OR PUBLIC SAFETY INTO OUR DECISION ON PROJECTS? IT'S NOT THE IT'S NOT THE DEVELOPER'S PROBLEM THAT WE DON'T HAVE.
SO HOW DO WE DEAL WITH THAT WHEN IT'S WHEN THE PUBLIC COMES UP AND SAYS WE CAN'T HAVE MORE TRAFFIC ON MALABAR? HOW DO WE WEIGH THAT IN OUR DECISION MAKING? WE CAN'T MAKE.
DEVELOPER. RESOLVE THE DEFICIENCY.
BUT YOU THERE IS CONSIDERATION AS FAR, WHICH IS USUALLY NOT AT YOUR LEVEL.
THERE ARE THINGS ESPECIALLY DEPENDS ON WHICH SEGMENT IS IS HOW CAN WE YOU OFFSET WHAT YOUR IMPACT IS BECAUSE THERE'S STILL THE ABILITY TO FIGURE OUT WHAT THEIR SPECIFIC IMPACT IS AND TO MAKE SURE THAT THEY CAN OFFSET THAT IMPACT.
BUT YOU ALL ARE NOT GOING TO HAVE AT YOUR LEVEL BECAUSE IT'S ALSO.
LIKE I SAY, EVERYTHING IS EVIDENCE BASE IS HARD TO BE ABLE TO SAY WHAT THEIR IMPACT IS PROBABLY GOING TO BE UNTIL THEY'VE GOT THE LAND USE, THEY'VE GOT THE ZONING AND THEY START, YOU KNOW, THE SITE PLAN BECAUSE YOUR LAND USE AND YOUR ZONING IS GOING TO TELL YOU WHAT YOUR MAXIMUM IS.
YOUR SITE IS GOING TO DICTATE THAT PROBABLY EVERYBODY IS NOT GOING TO BE ABLE TO GET THEIR MAXIMUM DENSITY OR WHATEVER IN THERE BECAUSE YOU'RE GOING TO HAVE PARKING, YOU'RE GOING TO HAVE ALL THESE OTHER THINGS.
BUT YOU'RE GOING TO NOT WANT TO KNOW THAT AT LAND USE AND ZONING.
BUT IS WHEN THEY GET THEIR LAND USE AND ZONING, THEY'RE GOING TO BE REQUIRED TO BE COMPLIANT WITH THE LAND DEVELOPMENT REGULATIONS. AND A LOT OF TIMES YOU'LL SEE STAFF THEY'LL HAVE, YOU'LL HAVE STORMWATER, YOU'LL HAVE A TRANSPORTATION, YOU'LL HAVE ALL THESE CONDITIONS SUBJECT TO THE, YOU KNOW,
[01:10:08]
THE TRAFFIC STUDY SUBJECT TO THIS BECAUSE WE HAVE IS WE'RE GOING TO GET THE FACTS AND YOU HAVE TO KNOW THAT ONCE WE GET THE FACTS AND WE FIGURE OUT WHAT THE DATA SAYS, THAT'S WHAT WE'RE GOING TO BE ABLE TO DECIDE YOUR IMPACTS, BUT YOU'RE NOT GOING TO BE ABLE TO HAVE THAT AT YOUR LEVEL.THAT'S BECAUSE YOU'RE GOING TO SAY WHAT THE MAXIMUM, WHAT THEY CAN DO.
THING ELSE. THE MEETING'S ADJOURNED AT 7:11 P.M..
* This transcript was compiled from uncorrected Closed Captioning.