Apr 03, 2024 Planning and Zoning Board

I'VE HEARD SOME MIXED REVIEWS.

[00:00:03]

[CALL TO ORDER]

REGULAR MEETING 2020 4-04 IS NOW CALLED TO ORDER.

I'LL ASK MR. BOEREMA TO PLEASE LEAD US IN THE PLEDGE.

SURE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU. THANK YOU VERY MUCH, EVERYONE.

I'LL HAVE A ROLL CALL.

MISS POWELL, PLEASE.

YES, MR. BOEREMA. PRESENT.

MR. GOOD HAS ASKED TO BE EXCUSED, MR. JAFFE. PRESENT, MR..

JORDAN. PRESENT.

MR. MCLEOD. PRESENT, MR. OLSZEWSKI. PRESENT.

MR.. WARNER. PRESENT.

OUR SCHOOL BOARD APPOINTEE POSITION IS STILL VACANT.

AND CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ IS PRESENT.

WE DO HAVE A QUORUM. THANK YOU VERY MUCH, MA'AM.

ALL RIGHT. DO I HEAR A MOTION TO ADOPT THE MINUTES OF REGULAR MEETING?

[ADOPTION OF MINUTES]

SO MOVED. SECOND.

OKAY. WE HAVE A MOTION BY MR. MCLEOD, SECONDED BY MRS. JORDAN. ALL THOSE IN FAVOR? AYE. AYE.

THAT PASSES UNANIMOUSLY.

FOR THE BENEFIT OF THE APPLICANTS IN THE AUDIENCE.

PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS.

THE MEETING PROCEDURE SHALL BE AS FOLLOWS.

THE LAND DEVELOPMENT STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE.

BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.

THE APPLICANT OR THE REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE, AND TO ANSWER ANY QUESTIONS OF THE BOARD.

THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.

WE'LL FIRST HEAR THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION, THEN THOSE IN OPPOSITION TO THE APPLICATION.

EXCUSE ME. FOR ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN SPEAKER OATH CARDS LOCATED AT THE PODIUM AND AT THE BACK OF THE ROOM.

PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE.

STATE YOUR NAME, ADDRESS AND COMMENTS FOR THE RECORD.

AS A COURTESY, WE ASK THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS.

AFTER PUBLIC COMMENTS, WE'LL 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.

I WILL THEN CALL FOR A VOTE.

DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION.

THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION IN ADHERING TO THESE MEETING GUIDELINES.

SO AS WE MOVE ON TO NEW BUSINESS, FIRST WE HAVE CASE CP 20 3-00016 AND I

[NEW BUSINESS]

GOOD EVENING. THANK YOU.

THE APPLICANT THIS EVENING IS VACATION FINANCE LLC REPRESENTED BY DYNAMIC ENGINEERING CONSULTANTS.

THE LOCATION OF THIS PROPERTY IS SOUTH OF AND ADJACENT TO MALABAR ROAD.

SOUTHWEST IN THE VICINITY, SOUTHWEST OF THE SOUTHWEST INTERSECTION OF MALABAR ROAD SOUTHWEST AND ALLISON DRIVE SOUTHWEST.

YOUR LAND USE IS COMMERCIAL AND EXISTING ZONING IS.

SORRY. VERY SORRY ABOUT THAT.

AND THE EXISTING ZONING IS COMMUNITY COMMERCIAL.

THE SIZE IS APPROXIMATELY 32.8 ACRES.

THE APPLICANT IS REQUESTING THIS EVENING AS SMALL SCALE COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT FROM COMMERCIAL TO NEIGHBORHOOD CENTER TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT WITH 424 MULTIPLE FAMILY RESIDENTIAL UNITS AND 10.73 ACRES OF COMMERCIAL LAND TO BE KNOWN AS MALABAR VILLAGE.

THEY HAVE ALSO APPLIED FOR THEIR PRELIMINARY DEVELOPMENT PLAN AND FINAL DEVELOPMENT PLANS, WHICH WILL ALSO BE HEARD TONIGHT.

IN THE ANALYSIS ALL PROPOSED AMENDMENTS SHALL BE SUBMITTED TO THE PLANNING AND ZONING BOARD, WHICH SHALL ANALYZE THE FACTORS OF ANALYSIS APPLICABLE TO THE PROPOSED AMENDMENT PRIOR TO MAKING A RECOMMENDATION TO CITY COUNCIL.

I HAVE A FEW POINTS FROM EVALUATING THE FACTORS OF ANALYSIS TO BRING OUT.

THE APPLICANT STATES THAT THE PROPOSED PROJECT WILL GENERATE ADDITIONAL REVENUE FOR THE CITY IN THE FORM OF TAXES, CREATE NEW JOBS, AND REDUCE TRAFFIC AND ROAD IMPACTS.

HOWEVER, THEY HAVE NOT PROVIDED ANY DATA TO SUPPORT THIS CLAIM.

THE APPLICANT ALSO STATES THAT NO EXPECTED IMPACTS TO ENVIRONMENTAL AND HISTORICAL RESOURCES ARE ANTICIPATED, AND THAT THE CURRENT COMMERCIAL LAND USE WOULD LIKELY HAVE A

[00:05:01]

HOWEVER, THE ENTIRE 32.8 ACRE SITE IS COMPRISED OF CONIFEROUS HARDWOOD UPLANDS, AND THE APPLICANT DOES NOT PROPOSE THE CONSERVATION OF ANY OF THE EXISTING TREES OR HABITAT ON SITE.

THE CITY ENGINEER STATES THAT THERE IS A PREEXISTING DEFICIENCY IN THE LEVEL OF SERVICE PROVIDED ALONG MALABAR ROAD NORTHWEST.

THIS SECTION OF MALABAR ROAD IS UNDER THE JURISDICTION OF THE COUNTY, AND STATE STATUTE REQUIRES THAT THE DEVELOPER BE MADE TO PAY THE PROPORTIONATE, FAIR SHARE OF THE NEW TRIPS ADDED. THIS DOESN'T ADDRESS THE EXISTING DEFICIENCIES, SO THE PROPOSED 424 MULTIPLE FAMILY UNITS MAY FURTHER DECREASE THE LEVEL OF SERVICE ALONG THIS TWO LANE ROAD.

THIS IS A MAP JUST OF THE MALABAR ROAD NORTHWEST CORRIDOR.

JUST TO GIVE A LITTLE PERSPECTIVE.

AND MALABAR VILLAGE IS THERE IN THE IN THE MIDDLE, THAT LITTLE AREA THAT'S CUT OUT THERE.

AND THIS INDICATES THE EXISTING SUBDIVISIONS UNDER REVIEW AND RECENTLY UNDER DEVELOPMENT IN THE AREA.

FURTHERMORE, THE APPLICANT ASSERTS THAT THE AMENDMENT WILL HAVE A FAVORABLE IMPACT ON THE ABILITY OF PEOPLE TO FIND ADEQUATE HOUSING REASONABLY ACCESSIBLE TO THEIR PLACES OF EMPLOYMENT BY PROVIDING JOB OPPORTUNITIES WITHIN THE SAME AREA, AND THEY ARE CORRECT.

CURRENTLY, THERE ARE NO MULTIPLE FAMILY COMMUNITIES IN THE IMMEDIATE VICINITY OF THE PROPOSED PROJECT.

THE AREA IS PREDOMINANTLY SINGLE FAMILY RESIDENTIAL WITH NO COMMERCIAL DEVELOPMENT WITHIN A THREE MILE RADIUS.

HOWEVER, THE APPLICANT PROVIDES NO PROPOSAL OR ANTICIPATED END USERS FOR THE 11 ACRES OF COMMERCIAL LAND.

THE ECONOMIC.

THE CITY'S ECONOMIC DEVELOPMENT STRATEGIC PLAN WRITTEN IN 2023, IDENTIFIES THE MALABAR CORRIDOR AS A WEAK COMMERCIAL CORRIDOR AND FURTHER RECOMMENDS STRATEGIES FOR ENHANCING THE COMMERCIAL CHARACTER OF THE AREA, WHICH INCLUDES RETAINING THE EXISTING COMMERCIAL LAND.

THE PLAN ASSERTS THAT THE SMALLER SIZE OF THE EXISTING COMMERCIAL PARCELS IS HAS MADE THEM DIFFICULT TO DEVELOP.

THERE ARE LESS THAN 100 ACRES OF COMMERCIAL LAND ADJACENT TO THIS SECTION OF MALABAR ROAD NORTHWEST, ALL OF WHICH IS ENTIRELY UNDEVELOPED.

THE THIS PROPOSED LAND USE CHANGE WOULD REMOVE ANOTHER 20.25 ACRES OF COMMERCIAL LAND.

THE APPLICANT ALSO BELIEVES THE PROPOSED DEVELOPMENT WOULD ALLOW FOR TRANSITION BETWEEN SINGLE FAMILY AND COMMERCIAL USES.

TYPICALLY MULTIFAMILY DOES PROVIDE A GOOD TRANSITION BETWEEN THESE USES AND IN RESPONSE TO PUBLIC COMMENT, THE MULTIPLE FAMILY BUILDINGS ALONG THE SOUTHERN BORDER WITH THE SINGLE FAMILY RESIDENTIAL COMMUNITY HAVE BEEN REDUCED TO TWO STORIES, AND A 35 FOOT LANDSCAPE BUFFER CONSISTING OF DOUBLE ROW OF HEDGES AND TREES WILL ACCOMPANY THE REQUIRED OPAQUE WALL OR FENCE TO SCREEN THE VIEW BETWEEN THESE PROPERTIES.

THE PROPOSED DEVELOPMENT WOULD ALSO PROVIDE A MINIMUM OF 8.16 ACRES OF OPEN SPACE.

AND ADDITIONALLY, THE MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT WILL PROVIDE A 1.22 ACRE RECREATIONAL TRACT WITH CLUBHOUSE, POOL, TENNIS AND PICKLEBALL COURTS. HOWEVER COMPREHENSIVE PLAN POLICY CON DASH 1.5 J REQUIRES THAT DEVELOPMENTS LOCATE THE REQUIRED OPEN SPACE AREAS AS PART OF NATIVE HABITAT PRESERVATION.

HOWEVER, THE PROPOSED OPEN SPACE AREAS FOR THIS PROJECT ARE ALMOST ENTIRELY COMPRISED OF WET AND DRY RETENTION PONDS.

THE APPLICANT DOES NOT EXPECT THE LAND USE CHANGE TO CREATE INEQUITIES, AND IN FACT, THE PROJECT AREA WILL PROVIDE PEDESTRIAN CONNECTIONS AND ACCESS TO PUBLIC TRANSIT.

AFFORDABLE HOUSING IS A SIGNIFICANT NEED IN PALM BAY, AND NEW HOUSING OPTIONS, PARTICULARLY MULTIFAMILY, OFFER OPPORTUNITIES FOR UNDERSERVED POPULATIONS.

HOWEVER, IT IS NOT KNOWN IF THIS HOUSING WILL BE AT LOW INCOME OR MARKET RATE, WHICH MUST BE ESTABLISHED IN THE DEED RESTRICTIONS.

THEREFORE, BASED ON THE FACTORS OF ANALYSIS, RESPONSES PROVIDED BY THE APPLICANT STAFF DOES NOT SUPPORT THE REQUESTED LAND USE CHANGE.

ANY QUESTIONS? THANK YOU VERY MUCH.

MEMBERS OF THE BOARD, ARE THERE ANY QUESTIONS FOR STAFF BEFORE WE HEAR FROM THE APPLICANT? SEEING NONE.

WELL, THE APPLICANT OR THE REPRESENTATIVE.

THANK YOU VERY MUCH, MA'AM. WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND SUBMIT YOUR SPEAKER AND OATH CARD AND GIVE YOUR PRESENTATION? OKAY. THERE YOU GO.

I JUST PUT IT HERE. PUT THE CARD THERE.

[00:10:02]

GOOD EVENING.

CHAIRMAN, MEMBERS OF THE BOARD. MY NAME IS MATTHEW SCOTT.

I'M A ZONING ATTORNEY WITH LAW FIRM OF GREENSPOON MARDER, WITH AN ADDRESS OF FOUR 200 EAST BROWARD BOULEVARD IN FORT LAUDERDALE, FLORIDA.

BEFORE I BEGIN APPLICANT REPRESENTATIVES NEED TO FILL OUT A CARD AS WELL.

AM I UNDERSTANDING THAT CORRECTLY? TYPICALLY NO, THE APPLICANT DOES NOT NEED TO SUBMIT A CARD TO THE APPLICANT.

FAIR ENOUGH. THANK YOU VERY MUCH.

THAT'S WHAT I THOUGHT.

THANK YOU TO STAFF FOR DOING PROVIDING THE PRESENTATION.

I'LL TRY NOT TO BE DUPLICATIVE, AND I'LL TRY TO DRAW SOME DISTINCTIONS OR SORT OF CLARIFY SOME AREAS WHERE STAFF THINKS WE DON'T MEET CERTAIN CRITERIA.

AND EXPLAIN HOW WE DO.

THAT BEING SAID, I THINK IT'S EASIER IF I PRESENT ALL THREE OF OUR APPLICATIONS TOGETHER TO GIVE CONTEXT TO THE LAND USE PLAN AMENDMENT.

THE IN ACTUAL FACT, THE APPLICATIONS ARE SORT OF MARRIED TOGETHER.

IF WE ARE UNABLE TO GET THE LAND USE PLAN AMENDMENT APPROVED.

THE PRELIMINARY AND FINAL DEVELOPMENT PLAN ARE IRRELEVANT.

THEY CAN'T MOVE FORWARD.

AND SO I THINK IT MAKES SENSE FOR ME TO PRESENT ALL THREE, IF THAT'S OKAY WITH THE BOARD.

I'M HAPPY TO GO THROUGH EACH INDIVIDUALLY.

BUT IT'LL ADD CONTEXT TO WHAT WE'RE REQUESTING.

THAT BEING SAID, THE PROPOSED NAME FOR THE PROJECT IS MALABAR MALABAR VILLAGE.

BEFORE GETTING INTO IT, I JUST WANT TO TALK ABOUT MY THE, THE COMPANY THAT HAS THE PROPERTY UNDER CONTRACT.

SO YOU DID HEAR THAT THE APPLICANT TECHNICALLY IS THE PROPERTY OWNER OF VACATION RENTALS LLC.

HOWEVER, THEY ARE UNDER CONTRACT WITH MY CLIENT, BRIDGE ASSET MANAGEMENT.

BRIDGE ASSET MANAGEMENT PUT THE PROPERTY UNDER CONTRACT WITH THE GOAL OF DEVELOPING A COMMERCIAL PROJECT.

IN SPEAKING WITH BROKERS AND SPEAKING WITH VARIOUS MEMBERS OF THE COMMUNITY HERE, IT DIDN'T SEEM LIKE THERE WAS DEMAND TO DO A 30 ACRE COMMERCIAL SHOPPING CENTER.

AND SO THEY EXPLORED ALTERNATIVES, MET WITH STAFF, PRIOR MEMBERS OF STAFF THAT ARE NO LONGER HERE, AND DISCUSS THE IDEA OF CHANGING THE LAND USE TO NEIGHBORHOOD CENTER AS A WAY TO CREATE A MIXED USE PROJECT IDEA BEING THAT IF THERE WERE COMMERCIAL USES INTEGRATED WITH RESIDENTIAL, THAT THAT MAY MIGHT CREATE CONDITIONS THAT WOULD BE MORE HABITABLE, MORE WELCOMING FOR THE COMMERCIAL DEVELOPMENT THAT WE UNDERSTAND THE CITY IS SEEKING.

SO THAT BEING SAID, BRIDGE ASSET MANAGEMENT IS A PRIVATE REAL ESTATE INVESTMENT AND DEVELOPMENT COMPANY.

AND SO THEY DO PROJECTS LIKE THIS ALL OVER NEW JERSEY, NEW YORK AND FLORIDA.

QUICKLY, HERE ARE JUST SOME EXAMPLES TO SHOW THAT THIS ISN'T THEIR FIRST PROJECT.

THEY'VE DONE A FEW PROJECTS IN NEW YORK THAT ARE MIXED USE MULTIFAMILY, HAVE COMMERCIAL COMPONENTS ON THE GROUND FLOOR, TYPICALLY IN MORE DENSE URBAN AREAS.

HERE'S ANOTHER EXAMPLE DOWN IN HOLLYWOOD THAT AGAIN HAS APARTMENTS WITH GROUND FLOOR COMMERCIAL.

THIS ONE IS ACTUALLY A UNDER CONSTRUCTION NOW AND THEN HERE'S JUST ONE MORE EXAMPLE.

AND SO HERE IS, OF COURSE, THE AERIAL.

I'M SURE YOU'RE ALL FAMILIAR WITH THE SITE IT'S ON IN THE WESTERN PART OF THE CITY, AS I'M SURE MANY OF YOU KNOW, IT HAS SAT VACANT FOR DECADES AND DECADES, MEANING IT HAS HAD FOR QUITE A FEW YEARS NOW A COMMERCIAL ZONING DESIGNATION, BUT HASN'T BEEN DEVELOPED AS SUCH.

SO ONE OF THE THINGS THAT IS DISCUSSED WITH LAND USE PLAN AMENDMENTS IS THE IMPACT OF A PROJECT.

IS IT GOING TO CREATE TOO MUCH TRAFFIC? IS IT GOING TO DRAW ON CURRENT UTILITIES TOO MUCH? AND SO CURRENTLY THE CITY DECIDED PRIOR TO MY CLIENT GETTING THE PROPERTY UNDER CONTRACT THAT THEY WANTED A COMMERCIAL SHOPPING CENTER THERE.

THEY WANTED INTENSE COMMERCIAL USES, 30 ACRES IN SIZE THAT WOULD DRAW LOTS OF TRAFFIC, USE LOTS OF WATER AND THINGS OF THAT NATURE.

SO IT'S IMPORTANT THAT WE CREATE THAT CONTEXT OF HOW WE GOT HERE TONIGHT.

IF THIS BOARD DOES NOT RECOMMEND APPROVAL, IF THE CITY COUNCIL DENIES THIS LAND USE PLAN AMENDMENT, YOU ARE NOT ELIMINATING TRAFFIC OR THE POTENTIAL FOR TRAFFIC OR IMPACTS OF THIS AREA OF TOWN. RATHER, YOU'RE SIMPLY SAYING THAT ONLY A COMMERCIAL TYPE OF PROJECT CAN BE DEVELOPED HERE.

SO THIS IS NOT A WE'RE NOT HERE TONIGHT ASKING FOR YOU TO CHANGE THE LAND USE OF A CONSERVATION AREA.

THAT WILL BE A FOREST FOREVER.

RATHER, THE CITY HAS ALREADY CONTEMPLATED THAT THERE WILL BE VERY INTENSE DEVELOPMENT HERE.

30 ACRES.

WE'VE BEEN UNABLE TO SUCCESSFULLY ENLIST COMMERCIAL OPERATORS FOR THE FULL 30 ACRES, AND OUR THOUGHT IS THAT IF WE CAN CHANGE THE LAND USE TO A MIXED USE TYPE, THAT WOULD GIVE IT A BETTER CHANCE OF BEING DEVELOPED LESS INTENSELY THAN WHAT THE CITY ALREADY DECIDED CAN BE DEVELOPED THERE.

AND SO HERE'S JUST ANOTHER JOAN ERROR FOR CONTEXT.

IT'S DIRECTLY WEST OF THE NEW LENNAR SINGLE FAMILY HOME NEIGHBORHOOD.

AGAIN, AS THE BOARD KNOWS, WE'RE JUST FOR CONTEXT, THERE AREN'T APARTMENT COMPLEXES NEARBY.

THERE ISN'T A COMMERCIAL NEARBY.

THERE ISN'T MIXED USE NEARBY.

THERE IS A TON OF SINGLE FAMILY HOMES IN THE IN THE SURROUNDING VICINITY.

AND SO I SAID THAT I THOUGHT IT MAKES SENSE TO DO OUR APPLICATIONS TOGETHER.

THAT'S BECAUSE THE PRELIMINARY AND FINAL DEVELOPMENT PLAN ARE SORT OF ONE AND THE SAME.

THEY'RE MARRIED TO EACH OTHER, AND THEY FOLLOW A LAND USE CHANGE TO MIXED USE UNDER YOUR COMPREHENSIVE PLAN AND ZONING.

[00:15:05]

AND SO AGAIN, THE CURRENT ZONING, EXCUSE ME, THE CURRENT LAND USE IS COMMERCIAL.

SO THE CITY HAS ALREADY DECIDED, CONTEMPLATED THAT THIS WOULD BE HIGH INTENSITY TONS OF VEHICLE TRIPS UP TO UP TO 33 ACRES OF A HUGE SHOPPING CENTER ON MALABAR ROAD.

AND WE'RE PROPOSING TO CHANGE THAT TO A LESS INTENSE MIXED USE PROJECT WITH A LAND USE DESIGNATION OF NEIGHBORHOOD CENTER.

AND SO TO UNDERSTAND OUR VISION, IF WE GET A RECOMMENDATION OF APPROVAL FROM THE PLANNING AND ZONING BOARD AND ULTIMATELY APPROVAL FROM THE CITY COUNCIL IS TO DEVELOP A PROJECT THAT WOULD LOOK LIKE THIS.

AND SO WHAT YOU SEE ON THE TOP OF THE SCREEN, WHICH IS THE NORTH SIDE, ARE THREE LARGE COMMERCIAL PODS.

THOSE WOULD FRONT ON MALABAR ROAD WITH TWO ACCESS POINTS.

BEHIND THAT WOULD BE GARDEN STYLE APARTMENTS.

WHERE THE VISION IS TO CREATE AN INTEGRATED, MIXED USE NEIGHBORHOOD WITH SIDEWALKS, WALKING AREAS, AND AN ABILITY FOR RESIDENTS OF THIS PROJECT AND SURROUNDING NEIGHBORHOODS TO HAVE A PLACE THEY CAN COME TO GO TO RESTAURANTS, NEIGHBORHOOD SHOPPING, SMALL GROCERY STORE SOME SOME OTHER USES.

WE HAVE ENVISIONED OUR PHARMACY.

WE SPOKE WITH DANIELLE CROTTS THIS WEEK, YOUR ECONOMIC DEVELOPMENT DIRECTOR.

SHE INTRODUCED US TO A DAYCARE OPERATOR IN THE CITY THAT'S LOOKING FOR SPACE.

AND SO WE ARE GOING TO REACH OUT TO THEM.

THAT'S THE KIND OF THINGS THAT WE'RE HOPING TO DO HERE.

IF THIS IS APPROVED, IS CREATE NEIGHBORHOOD SERVING USES IT.

THE MARKET TOLD MY CLIENT THAT THE AREA WAS NOT THIS SPECIFIC AREA, WAS NOT LOOKING FOR A REGIONAL SHOPPING CENTER.

WHAT I MEAN BY THAT IS A LARGE DESTINATION TYPE OF SHOPPING CENTER, RATHER SOMETHING THAT WAS MORE NEIGHBORHOOD SERVING.

AND SO THAT WOULD BE OUR FOCUS IN THE BACK THEN IS WHERE THE RESIDENTIAL WOULD BE.

AND PLANNING STAFF SPOKE ABOUT HOW AT THE VERY BOTTOM OF THE SCREEN, WE MET WITH THE NEIGHBORS TO THE SOUTH, WHICH IS UNINCORPORATED BREVARD COUNTY.

THEY HAD CONCERNS ABOUT COMPATIBILITY.

AND SO WE SHARED WITH THEM THAT WE'D BE HAPPY TO REDUCE THE HEIGHTS BACK THERE TO TWO STORIES AND PROVIDE A LANDSCAPING BUFFER AND A FENCE AS A TRANSITION FROM THE COMMERCIAL TO THEIR ESTABLISHED SINGLE FAMILY HOME NEIGHBORHOOD.

AGAIN, UNDER THE CURRENT CODE, THEY DON'T REALLY HAVE MUCH OF A SAY.

IT COULD BE FULL COMMERCIAL ALL THE WAY.

AND SO JUST THERE'S SOME MORE INFORMATION ON THE LEFT OF THE VARIOUS DIMENSIONS.

WE HEARD FROM VARIOUS STAKEHOLDERS IN THE CITY, QUITE CANDIDLY, THAT THERE IS ZERO DESIRE FOR MORE SELF-STORAGE.

AND SO WE'RE HAPPY TO PROVIDE A RESTRICTION REGARDING THAT, THAT THERE WILL BE NO SELF STORAGE THERE.

AND THEN SOMETHING I WANTED TO SORT OF CLARIFY, BECAUSE I UNDERSTAND STAFF SHARED THAT THERE ARE NO CURRENT END USERS, THAT WE DON'T HAVE A TENANT.

WE'RE NOT STANDING HERE TODAY SAYING WE WILL HAVE THIS GROCER OR THIS RESTAURANT.

HOWEVER, THE PLAN IS ABSOLUTELY TO DEVELOP THE COMMERCIAL FIRST WITH THE RESIDENTIAL TO FOLLOW SOMETIME THEREAFTER.

THAT'S OUR OUR CLIENTS PLAN.

AND WE BELIEVE THAT IF WE HAVE THIS MIXED USE PROJECT ENTITLED, IF WE HAVE THE BLESSING FROM THE CITY, SO TO SPEAK, THAT WE WOULD FIRST MOVE FORWARD WITH THE COMMERCIAL PIECE IN THE FRONT. AND SO THEN WE PREPARED SOME RENDERINGS OF WHAT THE LOOK WOULD BE.

THE VISION IS, AGAIN FOR IT TO BE A NEIGHBORHOOD SERVING RETAIL RESTAURANTS WITH OUTDOOR SEATING AREAS, QUICK SERVICE RESTAURANTS THINK OF LIKE A CHIPOTLE OR A BOWL TYPE OF OF OF RESTAURANT WHERE YOU CAN GRAB AND GO.

I'LL ALSO BE HAPPY TO HAVE A FULL SIT DOWN RESTAURANTS WITH FULL SERVICE OUTDOOR SEATING AREAS, PEOPLE FOR PEOPLE, PLACES FOR PEOPLE TO COME TAKE THEIR FAMILY AND HANG OUT.

IDEALLY FOR RESIDENTS OF THE PROJECT AND SORT OF CAPTURE SOME OF THAT TRAFFIC.

SO IT'S NOT ON THE ROADS.

IT'S RATHER INTERNAL TO THE SITE.

AND SO THEN HERE ARE OUR PROJECT GOALS.

EVERYONE KNOWS THAT PALM PALM BAY HAS EXPERIENCED REALLY AMAZING GROWTH WITH SINGLE FAMILY HOMES.

THERE IS LOTS OF SINGLE FAMILY HOMES COMING.

WE'RE TRYING TO BUILD A MIXED USE PROJECT AND CREATE HOUSING THAT WOULD BE ATTAINABLE.

WE HAVEN'T SPOKEN WITH STAFF IN DEPTH ABOUT THE AFFORDABLE HOUSING PIECE.

WE'D BE HAPPY IF THIS BOARD RECOMMENDED AS A CONDITION THAT THERE BE AN AFFORDABLE HOUSING COMPONENT, BECAUSE WE'D LOVE TO INTEGRATE THAT INTO OUR PROJECT.

AND WE THINK THAT WOULD BE A GREAT WAY TO FILL A GAP FROM WHAT WE'RE SEEING IN OUR MARKET ANALYZES IN PALM BAY, WHICH IS SORT OF THAT ENTRY LEVEL ATTAINABLE TYPE OF HOUSING FOR RENTERS MOVING TO PALM BAY, NOT READY TO BUY A HOME, YOUNG FAMILIES THAT CAN'T AFFORD TO BUY A HOME.

THEY'D BE ABLE TO LIVE IN A COMMUNITY LIKE THIS AND WALK TO A LOT OF THE USES COMMERCIAL USES THEY WANT TO USE.

AND SO HERE'S JUST A MAP JUST SHOWING THAT THERE IS A PRETTY GOOD AMOUNT OF COMMERCIAL COMING ONLINE.

PERHAPS THAT'S WHY MY CLIENT WAS UNABLE TO SECURE A BIG BOX RETAILER OR A REGIONAL SHOPPING CENTER.

SO AS THIS BOARD LIKELY KNOWS, THE PUBLIX IS COMING IN TO THE WEST OF OUR PROJECT.

[00:20:03]

THEY SAID THAT THEY'RE HOPING TO BREAK GROUND ON THAT LATER THIS YEAR.

AND SO THERE WILL BE A PUBLIX NEARBY.

AND THEN THERE ARE SOME LARGE SHOPPING CENTERS TO THE EAST, AS I'M SURE THE BOARD IS FAMILIAR.

BUT I BELIEVE IT IS A FACT THAT THERE IS UNDERSUPPLIED GARDEN STYLE RENTERS IN THIS AREA OF THE CITY.

THERE'S NO APARTMENTS WITHIN THREE MILES OF THE PROJECT.

AND SO AS YOU DRIVE WEST IN PALM BAY, THERE AREN'T REALLY OPPORTUNITIES FOR PEOPLE OTHER THAN SINGLE FAMILY HOMEOWNERS.

AND SO I'M GOING TO GET INTO THE CRITERIA A LITTLE BIT, IF YOU'LL ALLOW ME, OF WHY THIS COMPLIES WITH YOUR CODE AND LAND USE PLAN FOR A LAND USE PLAN AMENDMENT.

BUT ONE OF THEM IS IS HOUSING EQUITY.

AND SO IN THIS AREA OF THE CITY, IT'S REALLY ONLY SINGLE FAMILY HOMES.

THERE AREN'T OPPORTUNITIES FOR SOMEONE NEW TO THE CITY TO TO BE ABLE TO RENT OUT THAT WAY.

AND SO HERE'S JUST A LITTLE A LITTLE BIT MORE DETAIL OF THE RESIDENTIAL COMPONENT.

WE ARE PROPOSING 424 MULTIFAMILY APARTMENT UNITS.

THIS WOULD BE ABOUT 20 ACRES OF THE SITE.

THERE'LL BE A LARGE LAKE IN THE MIDDLE.

THERE'LL BE AMENITIES WITH A POOL, CLUBHOUSE, TYPE OF AREA.

BUT THEN ON THE BOTTOM AGAINST THE RESIDENTIAL, EXCUSE ME, AGAINST THE SINGLE FAMILY HOMES, WE WILL SORT OF BUFFER THAT, TRANSITION IT BY LOWERING THE HEIGHTS FROM THREE STORIES, WHICH IS MOST OF THE PROJECT TO TWO STORIES AND PROVIDING SOME ADDITIONAL LANDSCAPING TO RESPECT THE CONCERNS OF THOSE NEIGHBORS TO OUR SOUTH.

AND HERE'S JUST A LITTLE MORE DETAIL ABOUT THAT SITE IS PERMITTED FOR COMMERCIAL.

AND SO IF THE NEIGHBORS ARE CONCERNED ABOUT PROTECTING THEIR BACKYARDS, THE LEFT THE LEFT SIDE SHOWS WHAT LIKELY GOES ON THE ON THE BACKSIDE OF A SHOPPING CENTER. AND THE RIGHT SIDE SHOWS WHAT WE'VE DESIGNED IN A PRELIMINARY BASIS TO TRANSITION FROM THE RESIDENTIAL PART OF OUR PROJECT TO THEIR TO THEIR NEIGHBORHOOD. AND THEN HERE ARE JUST SOME OF OUR RESIDENTIAL CONCEPTUAL RENDERINGS, JUST TO GIVE YOU A FEEL AND LOOK AT THE PROJECT.

WE WANT IT TO BE SOMETHING THAT THE CITY CAN BE PROUD OF.

WE TRIED TO DESIGN IT TO BE A REALLY DESIRABLE PLACE AGAIN FOR FOR PEOPLE LOOKING TO RENT THAT DON'T WANT TO OWN OR PERHAPS NEW TO PALM BAY THAT THEY THEY WOULD WANT TO LIVE. THIS IS AN INTERESTING FEATURE THAT I WANT TO TALK ABOUT A LITTLE BIT.

IT'S WHAT I WOULD VIEW AS A PROJECT BENEFIT.

SO WE KNOW THAT MALABAR ROAD NEEDS TO BE WIDENED.

LIKELY THIS BOARD KNOWS THAT THE COUNTY IS WORKING ON IT.

THAT REQUIRES EITHER PROPERTY OWNERS VOLUNTARILY GIVE LAND IN THE FRONT OF THEIR PROPERTY TO ALLOW FOR THE WIDENING, OR THE COUNTY ENGAGES IN WHAT'S CALLED EMINENT DOMAIN, WHERE THEY FORCE THE PROPERTY OWNERS TO GIVE THE LAND.

AS PART OF THIS PROJECT, IF APPROVED, WE WOULD BE DEDICATING 50FT OF WIDTH ALONG THE ENTIRE FRONTAGE.

I BELIEVE THE COUNTY IS NOT LOOKING FOR THAT MUCH.

WE DECIDED VOLUNTARILY TO INCREASE THAT BECAUSE WE UNDERSTAND THAT'S A BIG ISSUE.

AND CANDIDLY, WE WANT YOU TO LIKE THE PROJECT AND THINK THIS IS A GOOD THING AND THAT WE ARE GOOD DEVELOPERS BEING THOUGHTFUL HERE.

SO WE'RE PROPOSING THAT THAT ENTIRE YELLOW RECTANGLE WOULD BE DEDICATED TO THE COUNTY PRIOR TO BUILDING PERMIT, SO THAT THAT THAT HELPS STREAMLINE THE ROAD WIDENING THAT'S SORELY NEEDED IN THIS AREA.

THE OTHER THING WITH THOSE RED LINES, I APOLOGIZE IF IT'S A BIT OF A CONFUSING SCREEN.

WE'RE PROPOSING TO PROVIDE AT OUR EXPENSE A LIGHT SIGNAL AT THAT INTERSECTION THERE.

SO THERE WOULD BE A SIGNALIZED INTERSECTION AND THEN ALSO.

IN OUR EXPENSE, WE'D BE PROVIDING TWO NEW WESTBOUND TURN LANES AND TWO NEW EASTBOUND TURN LANES.

SO, AS YOU KNOW, WHAT HAPPENS IS YOU DRIVE ON MALABAR ROAD WHERE IT'S ONE WAY AND THERE'S NO TURN LANE.

SOMEONE HAS TO MAKE A TURN AND THEY'RE WAITING.

EVERYONE GETS BACKED UP.

AND SO ONE OF THE BENEFITS OF A PROJECT LIKE THE LENNAR PROJECT DIRECTLY TO OUR EAST IS THAT THEY HAD TO INSTALL A TURN LANE, AND THAT WAS THE ONLY IMPROVEMENT THEY MADE.

BUT IT STILL HELPS FOR FOR PEOPLE COMING IN INTO THAT PROJECT THAT THEY CAN GET INTO A TURN LANE.

AND SO OUR PROJECT FOR OUR TWO ACCESS POINTS WOULD ALSO BE PROVIDING THESE TURN LANE FEATURES.

AGAIN, I'M NOT GOING TO STAND HERE AND BE DISINGENUOUS AND SAY IT'S GOING TO SOLVE THE MALABAR ROAD TRAFFIC ISSUES.

BUT INCREMENTALLY THINGS LIKE THIS WILL HELP IMPROVE THE ISSUE.

AND SO THERE'S NO WAY TO DENY TRAFFIC OR NOT DISCUSS IT.

TRAFFIC'S A MAJOR CONCERN.

I'VE SAID A FEW TIMES NOW THAT THE SITE IS ALREADY ENTITLED APPROVED FOR COMMERCIAL.

AND SO WHAT YOU HAVE ON YOUR SCREEN ARE A LOT OF NUMBERS THAT DEPICT THE DIFFERENCES BETWEEN WHAT COULD BE EXPECTED FROM A COMMERCIAL PROJECT IN THE WAY OF VEHICLE TRIPS, IN COMPARISON TO WHAT CAN BE EXPECTED FROM OUR PROJECT, WHICH IS MIXED USE.

AND SO IF YOU SEE AT THE VERY BOTTOM, RIGHT, SORT OF THE BOTTOM OF THE BOXES, YOU'LL SEE THESE NEGATIVE NUMBERS.

THOSE ARE MEANT TO DEPICT THAT A MIXED USE PROJECT, BECAUSE OF THE DIFFERENT MODALITIES OF RESIDENTIAL OF PEOPLE LIVING IN COMMUNITIES AND ALL COMMERCIAL, IS THAT THERE'LL BE LESS TRIPS.

[00:25:02]

SO AS AN EXAMPLE, THERE ARE MORE PEOPLE LEAVING THEIR HOMES IN THE MORNING THAN THERE ARE PEOPLE LEAVING A SHOPPING CENTER OR COMING TO A SHOPPING CENTER IN THE MORNING.

BUT. SHOPPING CENTERS SEE A HUGE PEAK HIGH IN TRIPS IN THE AFTERNOON, BECAUSE THAT'S WHEN EVERYONE'S COMING TO SHOPPING CENTERS OR LEAVING FROM SHOPPING CENTERS. AND SO WHAT WE'RE SHOWING HERE IS THAT WHILE THERE WILL BE A TRAFFIC IMPACT, IT IS LESS THAN WHAT THE SITE IS CURRENTLY ENTITLED FOR.

AND THEN THE OTHER THING, OF COURSE, WITH THE MIXED USE PROJECT IS THAT WE ASSUME WE HOPE FOR THAT.

THERE'LL BE WHAT'S CALLED INTERNAL TRIP CAPTURE, WHICH MEANS SOME PEOPLE WILL NOT, IF THEY'RE LIVING IN THE COMMUNITY, WILL NOT HAVE TO LEAVE THE COMMUNITY, GET ON MALABAR ROAD TO GO SHOPPING. THEY CAN USE THE SHOPPING DIRECTLY IN THE PROJECT.

THEY DON'T HAVE TO GET ON THE ROADS TO USE IT.

AND SO THERE ARE QUITE A FEW BENEFITS TO THE PROJECT.

AS I SAID, THERE IS NOT A MIXED USE NEIGHBORHOOD IN THIS AREA OF THE CITY.

THERE ARE NOT GARDEN STYLE APARTMENTS.

AND SO ALLOWING FOR THIS LAND USE CHANGE WILL PAVE THE WAY FOR A A LIVE WORK PLAY TYPE OF NEIGHBORHOOD IN THIS AREA OF THE CITY.

ALSO, THIS PROJECT, IF APPROVED, WILL GET PROVIDE THE BUFFER FOR THE RESIDENCES TO THE SOUTH THAT WE BELIEVE IS REALLY IMPORTANT TO THEM THAT THEY MAY NOT BE ABLE TO ACHIEVE WITH A COMMERCIAL AS OF RIGHT PROJECT.

AGAIN, THE 50 RIGHT OF WAY FOOT RIGHT OF WAY DEDICATION IS DEFINITELY SOMETHING THAT THE COUNTY WAS HAPPY TO HEAR.

WE WERE PROVIDING IN OUR DISCUSSIONS WITH THEM AND WILL HELP WITH THE WIDENING OF MALABAR ROAD AND IMPROVEMENTS THERE THAT NEED TO HAPPEN.

STAFF SAID THAT WE DIDN'T PROVIDE DATA AS TO THE ECONOMIC BENEFIT OF THE PROJECT.

CURRENTLY, PROJECT IS A VACANT SITE.

IT'S A FOREST, HAS VERY LOW PROPERTY TAXES.

IF THE IF THIS PROJECT IS APPROVED, IF WE'RE ABLE TO GO BUILD IT, NOT ONLY WILL WE BE SPENDING CLOSE TO $3 MILLION IN IMPACT FEES ALSO, OF COURSE IT WILL BE THE NEW CONSTRUCTION, THE NEW LONG LONG LASTING YEAR OVER YEAR PROPERTY TAX BENEFITS AND OF COURSE, JOB OPPORTUNITIES FROM THE COMMERCIAL.

AND SO WE ESTIMATE RIGHT NOW THAT THIS MALABAR VILLAGE PROJECT REPRESENTS APPROXIMATELY AN INVESTMENT FROM MY CLIENT OF $140 MILLION.

BEFORE I.

CLOSE FOR QUESTIONS.

I JUST WANT TO MAKE SURE I DIDN'T MISS.

ANYTHING I WANTED TO MENTION.

OH, I JUST WANTED TO ADDRESS THE FACTORS OF ANALYSIS.

SO SOMETHING REALLY SMART YOUR CITY DOES.

A LOT OF CITIES DON'T DO THIS.

YOU HAVE FACTORS OF ANALYSIS FOR A COMPREHENSIVE PLAN AMENDMENT.

SO WHAT YOU DO IS YOU SAY LOOK YOU NEED TO APPLICANTS NEED TO LOOK AT THE VARIOUS IMPACTS OF THEIR PROJECT, QUALITATIVE FACTORS TO DETERMINE IF THE LAND USE PLAN AMENDMENT WILL WORK FROM A CAPACITY PERSPECTIVE, WATER UTILITIES, THINGS OF THAT NATURE, BUT ALSO WILL IT BE GOOD FOR THE CITY.

AND SO WE BELIEVE WE MEET MOST OF THOSE FACTORS OF ANALYSIS.

ONE ITEM THAT STAFF MENTIONED IS HOW THE SITE IS CURRENTLY IMPROVED AS A FOREST, AND WE'RE NOT PROPOSING TO SAVE ANY OF THEM.

I WANT TO JUST CLARIFY THAT'S NOT OUR INTENT.

WE DIDN'T SAY IN OUR APPLICATION WE ARE GOING TO CLEAR CUT THE ENTIRE THING, NOT KEEPING ANY OF THE TREES AT THIS PART OF THE PROCESS WHERE WE DO A LAND USE PLAN AMENDMENT AND A MASTER PLAN, WE DON'T DO A LANDSCAPING PLAN.

AND SO WE WELCOME THE OPPORTUNITY TO WORK WITH YOUR STAFF TO PRESERVE AS MANY TREES AS WE CAN.

BUT IT'S IMPORTANT THAT I CLARIFY THAT THAT'S NOT A NATURAL RESOURCE IN THE WAY THAT WE THINK OF NATURAL RESOURCES FOR A LAND USE PLAN AMENDMENT.

IT'S NOT WE'RE NOT TAKING AWAY A WATER WELL FOR THIS PROJECT THAT THE CITY NEEDS FOR ITS WATER, BUT WE WILL ABSOLUTELY AND BE HAPPY.

WE'D WELCOME A CONDITION FROM YOU TO WORK WITH STAFF ON TREE PRESERVATION.

SO I WANT TO CLARIFY THAT, THAT IT'S NOT OUR PLAN TO COMPLETELY DISREGARD THESE BEAUTIFUL NATIVE TREES THAT ARE OUT THERE.

AND, AND THEN THE ONLY OTHER ITEM I WANTED TO MENTION.

FROM THE FACTORS OF ANALYSIS IS WHEN IT TALKS ABOUT SOME OF THE CAPACITY ITEMS. SO YOUR STAFF, THE UTILITIES DEPARTMENT, PUBLIC WORKS DID FIND THAT THERE'S SUFFICIENT CAPACITY FOR THE VARIOUS UTILITY FEATURES OF THIS PROJECT.

SO THERE ISN'T AN ISSUE FROM THAT REGARD AS FAR AS IF THIS PROJECT IS APPROVED, WHETHER IT WOULD BE SUFFICIENT WATER, SEWER CAPACITY, THINGS OF THAT NATURE.

THANK YOU FOR ALLOWING ME TO MAKE THIS PRESENTATION.

I KNOW IT WAS A LITTLE LONG, BUT THERE'S A LOT TO COVER AND I THOUGHT IT WOULD BE GOOD TO TO COVER ALL THREE AT ONCE.

I'D BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU. THANK YOU, SIR, FOR YOUR PRESENTATION.

THIS TIME, I'D LIKE TO TURN TO THE BOARD OR.

NO. EXCUSE ME. WE'RE GOING TO GO TO PUBLIC COMMENTS.

YEAH. ANSWER YOUR QUESTIONS FOR THE ANSWER.

WE'LL START THERE. THANK YOU.

I'M GOING TO GO TO THE BOARD FOR FOLLOW UP QUESTIONS.

SO DOES ANYBODY HAVE FOLLOW UP QUESTIONS? MR. BAUM, I SEE YOUR HAND THERE, SIR.

IN YOUR PRESENTATION, DID YOU HAVE ANY PICTURES OF THE BUFFERING AROUND THE PROPERTY?

[00:30:03]

WE DON'T I DO NOT HAVE AN IMAGE TO SHOW YOU OR A PLAN AT THIS TIME.

FOR THE EAST SIDE, THE FRONTAGE, THAT'S WHERE THE HOUSES ARE AT.

WHICH. SO THERE'S NO HOUSES ON THE EAST SIDE.

RIGHT. AND THE EAST SIDE? THERE'S HOUSES, RIGHT? NO. I CAN GO BACK AND SHOW YOU.

THERE'S THERE'S NO. IT'S ALICE.

IT'S IT'S A SMALL AREA OWNED BY THE.

YEAH. I GUESS WOULD BE ON THE SOUTH SIDE.

RIGHT. THE HOUSES SO.

SURE. SO THAT THE IMAGE ON THE BOTTOM RIGHT IS THE PROPOSED WALL LANDSCAPING AND TREES THAT WE WOULD PUT ON THE SOUTH SIDE.

OKAY. AND TWO STORY IS WHAT YOU PLAN ON PUTTING IN ON THE SOUTH SIDE.

THAT'S ON THE SOUTH SIDE. YES SIR.

DO YOU INTEND TO PUT ANYTHING HIGHER.

SO THE PROPOSAL IS INTERIOR TO THE PROJECT TO GO TO THREE STORIES.

OKAY. THANK YOU. ANY OTHER QUESTIONS, MISS JORDAN? YES. THE 429 UNITS THAT YOU MENTIONED, DOES THAT TAKE INTO CONSIDERATION THE LOWERING OF THE TO TWO STORIES ON THE BACK? DID THE NUMBERS CHANGE AT ALL? NO, MA'AM. THAT'S WE.

THE WAY THAT WE CAME UP WITH 424 WAS FACTORING IN THAT THE ENTIRE SOUTH SIDE WOULD HAVE TO BE TWO STORIES.

OKAY, SO THAT WAS TAKEN INTO CONSIDERATION.

YES, MA'AM. COULD YOU EXPLAIN A LITTLE MORE WHAT YOU MEANT ABOUT.

YOU'D BE WELCOME TO HAVE THIS AS LOW INCOME HOUSING, THE WHOLE PROJECT OR.

WHAT ARE YOU TALKING ABOUT? NO. SO, SO FREQUENTLY, IN MY EXPERIENCE WITH PROJECTS LIKE THIS, WHERE DURING THE REVIEW PROCESS, THERE'S VARIOUS CONCERNS FREQUENTLY ONE IS AFFORDABLE HOUSING, AND MOST OF THE TIME MY CLIENTS SAY, WELL, WE'D BE HAPPY TO HAVE WORKFORCE HOUSING.

WE'D BE HAPPY TO HAVE NOT SECTION EIGHT, MEANING SUBSIDIZED, RIGHT, WITH VOUCHERS, BUT RENT CONTROLLED HOUSING.

THEY'D BE HAPPY TO HAVE ADD A COMPONENT SO THEY'D BE HAPPY TO CONSIDER 10 OR 20 OR 30% BE DEED RESTRICTED FOR AFFORDABLE HOUSING.

IN FULL CANDOR.

I DIDN'T HAVE THE CHANCE TO VET THIS FULLY WITH STAFF.

AND SO STAFF SAID, YOU DIDN'T BRING THIS TO US SOON ENOUGH AND THAT'S ON ME.

I'M JUST SHARING THAT.

THAT'S SOMETHING THAT WE'RE HAPPILY OPEN TO.

MY UNDERSTANDING IS YOU CAN ATTACH CONDITIONS TO YOUR RECOMMENDATIONS.

AND SO IF THAT IS SOMETHING THAT IS CRITICAL TO THIS BOARD, WE WOULD WELCOME THAT DISCUSSION.

AND SO WHAT THAT REQUIRES FOR US IS THAT PRIOR TO PULLING A BUILDING PERMIT, WE HAVE TO EXECUTE AND RECORD IN PUBLIC RECORDS A DEED RESTRICTION AGAINST THE PROPERTY THAT SAYS X NUMBER OF UNITS.

SO WHATEVER THE MATH IS, A 424 MUST BE AFFORDABLE FOR SOME PERIOD THAT THIS THAT WOULD BE DETERMINED.

SOMETIMES IT'S TEN, SOMETIMES IT'S 20, SOMETIMES IT'S 30.

OKAY. AND SO WE'RE OUR VISION HERE IS TO MAKE THIS A GREAT PROJECT, SOMETHING THAT THE CITY IS PROUD OF.

WE UNDERSTAND THERE'S BEEN A TON OF HOUSING DEVELOPMENT.

THERE'S NO DENYING IT.

SO WE'RE TRYING TO FILL A GAP HERE ON WHAT WHAT IS MISSING.

AND THE FEEDBACK WE'VE GOTTEN OVER THE PAST FEW WEEKS IS THAT FROM A VARIETY OF PARTIES, IS THAT THAT'S SOMETHING THAT THAT THAT WOULD BE A VERY DESIRABLE FEATURE.

OKAY. THANK YOU. THANK YOU.

MA'AM. FURTHER QUESTIONS.

YES, SIR. MR. CHAIR, PLEASE, MR. WARNER. YES, SIR. WELL, FIRST, THANK YOU FOR THE PRESENTATION.

IT KIND OF BROADENS IT A LITTLE BIT TO GET A BETTER UNDERSTANDING AS TO WHAT WE'RE PUTTING OUT THERE.

THE WE'RE TALKING ABOUT THE 30 ACRES ISSUE.

IT APPEARS THAT TO PURCHASE THE YOU PURCHASE THE THE PROPERTY'S INTENT OF ORIGINALLY PUTTING COMMERCIAL.

I AM OUT THERE BECAUSE DEEP ZONED COMMERCIAL ITEM.

SO THEN I GUESS WHERE WHERE I'M KIND OF MISSING THE ITEMS IS B.

THEN WHAT HAPPENS WITH THE SIR? AND AGAIN, THANK YOU FOR FIRST SAYING THAT YOU THAT YOU GUYS ARE WILLING TO GO AHEAD AND START WITH COMMERCIAL THERE.

BUT THERE I'M MISSING WHERE IS HOW MUCH COMMERCIAL THEN ARE WE ACTUALLY GOING TO USE FOR THIS PROJECT? BECAUSE IT SEEMS LIKE WE'RE TAKING AGAIN, ONCE AGAIN, TAKING OUT MORE COMMERCIAL, PUTTING IN MORE RESIDENTIAL.

SO WE FOCUSING AGAIN ON MORE RESIDENTIAL AS OPPOSED TO COMMERCIAL.

SO JEFF, I'M A 32 HUSKERS, WHICH IS.

YEAH, WHICH IT LOOKS LIKE IS GOING TO BE YOU'RE GOING TO FARMING A LOT ON THE 30S.

SO IT'S I WAS I GUESS I JUST NEED TO HAVE A BETTER UNDERSTANDING AS TO HOW MUCH OF THAT IS GOING TO BE DEDICATED TOWARDS ILL.

YEAH. JUST WHAT CLARIFY THAT.

BETTER GOING ON.

SO BASKETBALL ON THE SLIDE HERE IS THE 12 DOWN.

SO THE OPPOSING FOR 36 THE PROPERTY TO BE.

YES. INDICATED FOR IT.

SPECIAL DEVELOPMENT.

SO IT'S 11.2 ACRE MORE THAN.

AND THEN OF THE 33, THE REMAINDER WOULD BE FOR THE RESIDENTIAL.

[00:35:01]

I DON'T KNOW IF WE WANT TO CALL THAT PINK WHATEVER COLOR THAT IS IN THE FRONT.

LOT ONE AND TWO AND THREE WOULD BE ALL COMMERCIAL DEVELOPMENT.

AND YOU'VE ALSO WHICH AGAIN, I COMMEND YOU, YOU, YOU, YOU PUT IN SOME STIPULATIONS.

I MEAN, WE ACTUALLY PUT IN SOME, SOME WHAT I GUESS IS LIKE POSITIVE MEASURES FOR THE 50FT OF WIDENING OF THE FRONTAGE AND ALSO INCLUDING THE TRAFFIC SIGNALS. SO THAT WOULD ALSO GO HAND IN HAND IF WE IF, IF THIS ENDED UP JUST BEING WHERE WE WANTED TO KEEP IT COMMERCIAL IS THAT IS ARE THOSE WOULD THAT BE INCLUDED IN THAT IN, IN THAT OR IS THIS JUST STRICTLY FOR THE NEIGHBORHOOD, FOR THE NEIGHBORHOOD COMMERCIAL IF THE ZONING IS CHANGED? MATURE.

SO. SORRY.

SO THE QUESTION WAS ABOUT THE TRAFFIC.

NO, THE QUESTION IS ABOUT THE YOU YOU MENTIONED IN YOUR PRESENTATION THAT YOU ALL WOULD BE WILLING TO INCLUDE A TRAFFIC SIGNAL THERE, AS WELL AS 50FT OF WIDTH TO WIDEN THE FRONTAGE, BECAUSE THAT OBVIOUSLY WOULD BE A PROBLEM.

AND, YOU KNOW, I'M A STICKLER ON TRAFFIC BECAUSE WE'RE ACTUALLY BRINGING IN MORE TRAFFIC, OBVIOUSLY WITH THE WITH NOT NOT ONLY WITH THE COMMERCIAL PROJECT, BUT ALSO WITH THE RESIDENTIAL OUT THERE. SO WE'RE INCREASING THE, THE TRAFFIC FLOW.

SO SO I GUESS SO MY QUESTION IS, ARE WE ALL ARE YOU PUTTING THOSE CONDITIONS, ARE YOU PUTTING THAT IN THERE ALONG WITH THE, WITH THE. OKAY.

YEAH. SO SO I SHARED IT WITH EITHER ZONING.

YEAH. SO I SHARED IT BECAUSE IT'S ONE OF THE STRONGEST PUBLIC BENEFITS WE HAVE.

RIGHT. IF WE'RE BEING FAIR TO THIS AREA IS THE ROADWAY IMPROVEMENTS.

THOSE ARE THOSE ARE THE MOST, IN MY VIEW, SENSITIVE ISSUES IN THIS AREA.

AND SO THOSE ARE REQUIREMENTS OF THIS PROJECT THAT WE'VE COMMITTED TO IS PROVIDING THAT 50 FOOT DEDICATION.

SO WE PREPARE A DEED, GIVE IT TO THE COUNTY FOR THE ENTIRE FRONTAGE.

AND THEN PROJECT ENGINEER IS HERE.

HE WORKS WITH THE COUNTY ON PREPARING THE PLANS AND INSTALLING THOSE TURN LANES.

AND AND THOSE USUALLY ARE REQUIRED TO GET DONE PRIOR TO THE PROJECT.

GETTING A CERTIFICATE OF OCCUPANCY.

OKAY. THANK YOU SIR.

THANK YOU. MR.. THANK YOU, MR. MORTON. MR.. MCLEOD.

YES. THANK YOU FOR YOUR PRESENTATION, SIR.

WHAT IS THE CITY'S CONCERN REGARDING THE RECREATIONAL COMPONENT, GIVEN THAT THERE IS WETLANDS AND THE PROPERTY, AND YOU MAY NOT BE ABLE TO MEET THE REQUIREMENTS FOR A RECREATIONAL SPACE, COULD YOU ADDRESS THAT? SO THE PROPOSAL TONIGHT IS FOR A LAND USE PLAN AMENDMENT AND A PLAN DEVELOPMENT.

OUR EXPECTATION WAS THAT IF WE GOT THE APPROVAL FROM THE CITY, THAT WE'D BE COMING FORWARD WITH SITE PLANS FOR THE VARIOUS PARTS.

AND SO DURING THAT PART, WE EXPECTED THAT WE'D WORK WITH STAFF TO IMPROVE THE OPEN SPACE AREAS.

IF THE CONCERN IS THAT THERE ARE JUST DRY RETENTION AREAS AND THAT THERE'S A DESIRE FOR THERE TO BE MORE FUNCTIONAL OPEN SPACE, THEN WE HAVE THE ABILITY IN THE 20 ACRE PART OF THE RESIDENTIAL TO PROVIDE SIGNIFICANTLY MORE OPEN SPACE OPPORTUNITIES.

THAT'S NOT SOMETHING THAT WE VIEW AS A CHALLENGE FROM A DESIGN PERSPECTIVE.

AND HOW DO YOU WANT TO DO THAT? IT'S JUST IN THE MASTER PLANNING PROCESS, WE DIDN'T PROGRAM FOR AS MUCH AS WE'RE HEARING FROM STAFF THEY'D LIKE TO SEE.

AND WE THINK THAT THERE'S OBVIOUSLY THERE'S NO DENYING THERE'S AMPLE OPPORTUNITY ON A SITE OF THIS SIZE TO PROVIDE THOSE OPEN SPACE OPPORTUNITIES THAT SIDEWALKS, THINGS THAT THE CITY PLANNERS WOULD FREQUENTLY WANT.

AND I WOULD JUST SAY THAT TYPICALLY IN A LAND USE PLAN AMENDMENT.

YOU'RE NOT SITE PLANNING.

YOU'RE NOT DOING THE SITE PLANNING EXERCISE.

AND SO IT WOULDN'T BE EXPECTED THAT WE WOULD KNOW EVERY LAST DETAIL OF WHERE EVERYTHING IS GOING TO GO.

IT'S CONCEPTUAL IN NATURE.

THAT'S WHY YOU DO THESE MASTER PLANS.

WOULD WOULD COMPLYING WITH THE REQUIREMENTS WHEN YOU DO THE MASTER PLAN, REDUCE THE NUMBER OF UNITS? SORRY I MISSED YOU.

WOULD YOU SAY WOULD WOULD BE OKAY WITH THAT? IF YOU WERE TO COMPLY WITH THE RECREATIONAL SPACE REQUIREMENT IN YOUR FINAL PLANS, WOULD THAT REDUCE THE NUMBER OF UNITS? IT MAY.

OKAY. YEAH.

MR. JACK. EXCUSE ME.

THANK YOU. THANKS FOR THE PRESENTATION.

IN THEORY, IF THIS PROJECT DOESN'T PASS, WOULD IT BE REPRESENTED AS A, LIKE A LIVE LOCAL ACT PROJECT? BECAUSE IN THEORY, YOU COULD JUST BUILD APARTMENTS AND MIXED USE COMMERCIAL AS IT'S CURRENTLY ZONED WITHOUT OFFERING ANY OF THE OFF SITE IMPROVEMENTS, BUFFER OR ANYTHING THAT WOULD BENEFIT THE NEIGHBORING HOMES YET.

MR. JAFFE, I'M NOT HERE.

I'M NOT HERE THREATENING THAT.

[00:40:02]

RIGHT. AND SO IT IS AN OPTION.

AND SO THAT'S.

I'M NOT SAYING WE SHOULD DO THAT. WE WANT TO WORK WITH THE CITY ON DOING SOMETHING GREAT.

BUT THERE ARE PROPERTY RIGHTS, RIGHT? THERE ARE LAWS. AND SO THAT'S CERTAINLY AN OPTION.

YEAH. AND THEN YOUR COMMENT ON THE COVENANT RESTRICTION FOR THE BIG BOX STORAGE, WOULD YOU, WOULD YOUR DEVELOPMENT GROUP ALSO BE OPEN TO THAT RESTRICTION FOR CAR WASH AND QSR DRIVE THROUGH RESTAURANT? JUST ONE SECOND. SORRY.

SO, YES.

TO THE CAR WASH.

I NEED TO SPEAK TO MY CLIENT, WHO'S UNFORTUNATELY NOT HERE ABOUT THE ESSER.

JUST BECAUSE WE'RE TRYING TO GET AS MUCH COMMERCIAL AS WE CAN.

YOU UNDERSTAND? IT SOUNDS LIKE THE QSR IS HOW POPULAR IT IS.

IT'S NOT OUR INTENTION, BUT I CAN'T TONIGHT SAY I CAN COMMIT TO THAT.

I'M SORRY. AND THEN JUST JUST FOR PERSONAL KNOWLEDGE IS DEPARTMENTS WOOD FRAME.

DO YOU KNOW WHAT THE MEANS OF METHOD OF THE CONSTRUCTION.

ARE THEY GOING TO BE WOOD FRAMED OR BLOCK AND MASONRY.

I MOST LIKELY THEY'D BE BLOCKING MASONRY.

BUT WE AS I SAID WE HAD THERE'S THIS WHOLE SITE PLAN EXERCISE WE'D HAVE TO GO THROUGH AFTER THIS.

WITH THAT I DON'T HAVE I KNOW OTHER OTHER PROJECTS IN PALM BAY.

YOU KNOW, THE APARTMENTS WERE BUILT FIRST WITH THE PROMISE OF THE COMMERCIAL FALL, AND THAT COMMERCIAL HAS NEVER BEEN BUILT.

SO WHICH IS WHY I LED WITH IT, RIGHT? BECAUSE I KNOW THAT.

AND I KNOW HOW ANGRY THAT MAKES CITIES.

AND SO THAT'S WHY I WANTED TO MAKE SURE THAT THAT THAT IT'S NOT OUR INTENTION HERE.

ALL RIGHT. THAT'S ALL THE QUESTIONS I HAD.

THANK YOU, MR. CHAIRMAN. THANK YOU, MR. JAFFE. ANY FURTHER QUESTIONS FROM THE BOARD? I'LL TAKE A QUICK OPPORTUNITY.

I JUST HAVE A COUPLE.

HAVE YOU EVER DRIVEN ON MALABAR ROAD? OF COURSE. THAT'S GOOD.

DO YOU KNOW WHERE THE NEAREST FIRE STATION TO THIS SITE IS? WHAT'S THAT? DO YOU KNOW WHERE THE NEAREST FIRE STATION TO YOUR PROJECT IS? HERE WE GO. I DON'T KNOW, OFF THE TOP OF MY HEAD.

IF YOU GO TO YOUR MAP AND YOUR PRESENTATIONS WHERE THE RETAILERS ARE NEAR, THERE'S A COUPLE PUBLIX PLAZAS AND SO ON.

GO TO THAT MAP AND I'LL SHOW YOU.

I'LL GIVE YOU A TOUR OF OUR CITY.

RIGHT THERE. YOU SEE THE DOLLAR GENERAL.

OF COURSE, STATE ROUNDABOUTS ASIDE, IT'S THE NEAREST FIRE STATION TO YOUR SITE.

THAT FIRE STATION.

I'M NOT GOING TO ASK YOU IF YOU'RE AWARE.

I'M JUST GOING TO MAKE YOU AWARE. IT DOESN'T HAVE A LADDER TRUCK.

WE HAVE ONE LADDER TRUCK.

IT'S ON THE EASTERN PORTION OF OUR CITY.

WE HAVE ANOTHER LADDER TRUCK THAT'S ALSO FOR THE EASTERN PORTION OF OUR CITY.

THERE'S NO LADDERS OUT HERE AND THAT STATION IS VERY FAR AWAY.

I DON'T EXPECT YOU TO QUITE HAVE A RESOLUTION TO THOSE THINGS, BUT IT'S SOMETHING I WANT TO MAKE YOU AWARE OF AND MAKE THE PUBLIC AWARE OF WEIGHS ON ME HEAVILY IN MY REVIEW OF YOUR PROJECT.

AND I. THERE'S NO DENYING THERE'S NO ARGUING WITH LIFE SAFETY CONCERNS.

RIGHT? THERE'S NO SAYING THAT YOU'RE WRONG IN THAT REGARD.

IF THAT'S SOMETHING THE CITY NEEDS TO ADDRESS.

THE ONLY THING I WILL SAY, IN FAIRNESS TO MY CLIENT IS IT'S SOMETHING TYPICALLY YOUR STAFF REVIEWS, YOUR FIRE DEPARTMENT REVIEWS.

IT'S NOT SOMETHING THAT TYPICALLY GETS SORT OF LITIGATED IN A PUBLIC HEARING.

AND SO FIRE GETS TO REVIEW IT AND SAY, HEY, YOU NEED A NEW FIRE STATION HERE AND YOU NEED TO CONTRIBUTE THIS FOR THIS.

AND SO DURING THAT REVIEW THAT WASN'T RAISED RIGHT.

SO UTILITIES PUBLIC WORKS, THEY REVIEWED ALL THESE THINGS.

IF THERE IS A CONTRIBUTION REQUIRED FOR A FIRE STATION WE DO IT.

AND SO AGAIN YOU KNOW YOU SHOULD DO BETTER THAN ME.

FAIR ENOUGH. AND THERE'S NO FIGHTING LIFE SAFETY.

BUT THIS REASON WHY CITIES HAVE STAFFS THAT REVIEW ALL THESE THINGS AND WE GO THROUGH ALL THESE DIFFERENT DEPARTMENTS AND THEY ALL OPINE IN THE STAFF REPORT.

AND SO IT'D BE OUR EXPECTATION THAT THAT SORT OF THING WOULD COME UP IN THE REVIEW.

UNDERSTOOD. I THANK YOU FOR YOUR RESPONSE.

THE ONLY OTHER QUESTION I HAVE IS IF YOU'VE HAD A CHANCE TO HAVE BEEN PRIVY TO THE PRESENTATION THAT WAS PRESENTED TO OUR CITY COUNCIL AT THEIR LAST MEETING REGARDING THIS PORTION OF MALABAR AND THE WIDENING PROJECT WHICH YOU PLAN TO DEDICATE RIGHT AWAY.

HAVE YOU SEEN THE PRESENTATION FROM THE ENGINEERS THAT ARE INVOLVED IN WIDENING THAT PROJECT? AND THEY'VE COST ESTIMATES AND THINGS OF THIS SORT? THE REASON I ASK IS BECAUSE THEY HAVE PARTICULAR PLANS FOR THE SIGNALIZATION OF THE INTERSECTIONS ALONG THE STRETCH.

THEY EVEN HAVE IDEAS AND THOUGHTS OF ROUNDABOUTS, WHICH OUR PUBLIC HAS THEIR OPINIONS ABOUT.

BUT THE TRAFFIC ENGINEERS HAVE BROUGHT FORTH THAT.

SO I'M JUST CURIOUS IF YOU'RE IN SYNC WITH THAT AND WHERE YOUR PROPOSED DEVELOPMENT LINES UP WITH THEIR INITIAL THOUGHTS.

IT'S ALL INITIAL THOUGHTS. IT'S ALL IN PLANNING.

SO WE HAD IN COMING UP, WE HAD A ZOOM MEETING WITH COUNTY ENGINEERING STAFF AND WE TALKED ABOUT A FEW A LOT OF THESE THINGS.

FRANKLY, WE SAID WE LOVE ROUNDABOUTS.

THERE'S A TON OF PEOPLE THAT, YOU KNOW, THERE'S OPINIONS ALL THE WAY AROUND ON ROUNDABOUTS.

[00:45:04]

BUT WHAT I'LL SAY INTRODUCE YOURSELF.

OH, ANGEL PINEDA WITH DYNAMIC ENGINEERING.

WHAT I'LL SAY IS AT THE POINT WE GET INTO PERMITTING, ALL THOSE DETAILS WILL BE HASHED OUT THEN.

AND SO WHEN WE GO THROUGH THE PERMITTING REVIEW PROCESS WITH THE COUNTY, WHICH ARE THE ONES THAT OWN THE ROAD, THEY WILL GO BACK AND FORTH WITH US ON.

HERE'S HOW WE WANT EVERYTHING FROM YOUR END TO LOOK LIKE.

SO IT YOU KNOW, EVERYTHING IS IN SYNC WITH WHAT WE'RE ALSO DOING.

UNDERSTOOD, I APPRECIATE THAT.

AND JUST FOR THE RECORD, THE REASON THAT I'M CURIOUS AND INQUIRING IS IN MY DECISION MAKING AND UNDERSTANDING, I'M TRYING TO FIT YOUR PROJECT INTO OUR COMMUNITY AND ALL OF THE FUTURE PLANS OF OUR COMMUNITY, BECAUSE THAT'S WHAT THE COMPREHENSIVE PLAN DOES.

IT PLANS THE FUTURE OF OUR COMMUNITY.

AND YOU'RE ASKING THE PLAN THAT, YOU KNOW, WE'VE WORKED HARD TO CHANGE THAT PLAN.

SO FORGIVE ME IF I COME ACROSS CRITICAL, BUT IT'S JUST FROM THE PERSPECTIVE OF I'M TRYING TO PICTURE YOUR PROJECT IN IN MY CITY.

SO I THANK YOU FOR THAT.

BUT FOR THE RECORD THERE IS ONE LETTER IN REGARDS TO THIS CASE AND THAT IS IN THE RECORD.

AND FURTHERMORE, IT'S IN THE RECORD OF OF THE CASES YET TO COME HERE, THESE, THESE TWO PROCEEDING CASES.

ALSO FURTHERMORE, I JUST WANT TO SAY IN A PUBLIC SETTING THAT I RECEIVED REQUESTS TO DISCUSS THIS PROJECT BEFORE THIS PROCEEDING.

AND THAT IS NOT SOMETHING THAT I RESPONDED TO OR THAT AS A MATTER OF POLICY, I'LL EVER RESPOND TO.

I ONLY HAVE MY PROCEEDINGS HERE IN THE PUBLIC EYE.

SO WITH THAT BEING SAID, I'D LIKE TO OPEN THE FLOOR FOR PUBLIC COMMENTS.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? SEEING NONE. I'LL THEN ASK, IS THERE ANYONE WHO WISHES TO SPEAK AGAINST THIS REQUEST? ALL RIGHT. WE'RE GOING TO READ IT LIKE A BOOK, MA'AM.

AND PLEASE REMEMBER, IF YOU PLAN TO SPEAK THAT WE NEED A SIGNED SPEAKER CARD PLACED IN THE BASKET.

WHEN YOU APPROACH THE PODIUM, INTRODUCE YOURSELF.

GIVE YOUR ADDRESS. THANK YOU. IT'S IN THERE ALREADY.

THANK YOU MA'AM. MY NAME IS BRENDA SHRAKE.

I HAVE LIVED IN MALABAR LAKES WEST FOR 20 YEARS NOW.

I'VE BEEN TREASURER OF THE ASSOCIATION FOR PROBABLY ABOUT 18 OF THOSE YEARS.

I HAVE COME TO SPEAK TO MULTIPLE TIMES.

AND I FELT THAT IT WAS REALLY NEEDED THIS TIME TO REMIND ALL OF YOU THAT.

MARLBOROUGH LAKES WEST IS 41 HOMES.

THOSE HOMES ARE LIVED IN BY PALM BAY POLICE, PALM BAY SHERIFF, PALM BAY FIREMEN BUSINESSMEN, TEACHERS, DOCTORS, NURSES, ALL OF US.

THE MAJORITY OF US SERVICE PALM BAY.

SO I DON'T WANT ANYONE LOOKING AT US AS THOUGH WE'RE COUNTY.

WE'RE NOT ANNEXED INTO THE CITY BECAUSE WE ARE AS IMPORTANT AS ANYONE ELSE.

THIS COMPANY ALREADY TRIED TO ENTER OUR DEVELOPMENT WHEN THEY CAME TO TIE RIBBONS AROUND ALL THE TREES.

THEY PULLED ONTO ALLISON DRIVE, WHICH IS THE ONLY WAY IN AND OUT OF OUR DEVELOPMENT.

RUINED OUR SOD.

RUINED OUR LAWN.

WE CALLED THE POLICE, AND THEY DID EVENTUALLY PAY FOR SOME OF THE SOD, BUT IT NEVER WENT BACK TO ITS ORIGINAL BEAUTY.

SO THEY WENT IN THERE KNOWING THAT THEY SHOULDN'T GO IN THERE.

YES, IT'S A COUNTY ROAD, BUT THAT PROPERTY, THE LAWN THAT THEY PARKED ON, IS OUR PROPERTY, AND THEY PULLED RIGHT IN THERE AND RUINED IT WITHOUT ANY HESITATION. SO THAT'S NUMBER ONE.

I DON'T KNOW WHY THE NEED FOR MORE APARTMENTS IN PALM BAY, ESPECIALLY LOWER INCOME RIGHT DOWN THE ROAD FROM US, ARE 2 OR 3 VERY LARGE, LOWER INCOME APARTMENTS RIGHT ON MALABAR ROAD.

I DON'T KNOW THE NAME OF THEM, BUT I'M SURE ALL OF YOU KNOW OF THEM.

THEY ARE RIGHT THERE.

SO THERE ARE ALREADY LOWER INCOME APARTMENTS.

THEY ARE NOT NEEDED.

YOU KNOW, WHEN I CAME, WHEN THEY WERE BUILDING TILLMAN LAKES, I CAME TO SPEAK TO YOU.

AND YOU INSISTED? WELL, NOT SOME OF YOU WEREN'T HERE, BUT THE BOARD INSISTED THAT TILLMAN LAKES CHAPARRAL WOULD NOT IMPEDE ON OUR DEVELOPMENT.

THEY HAVE.

THEY STILL ARE.

THEY DON'T RESPOND TO OUR COMPLAINTS.

THEY IGNORE US.

THEY. CHAPARRAL, AS YOU SEE, IS THEY'RE BUILT RIGHT NEXT TO US.

ON THE OTHER. I JUST ASK YOU TO KEEP IT GERMANE TO THIS PARTICULAR CASE.

WELL, IN THIS PARTICULAR IT IS.

IT'S KIND OF PULLING.

IT'S KIND OF THEY'RE GATED.

[00:50:02]

THEIR RESIDENTS CROSS OVER, WALK IN OUR NEIGHBORHOOD, FISH IN OUR LAKES, EVEN THOUGH WE HAVE NO FISHING SIGNS.

SO, MA'AM, YOU HAVE TO.

WE MUST REMAIN GERMANE.

YES, THIS CASE IS DEVELOPER.

AND IF YOU COULD JUST BRING YOUR COMMENTS TO A DRAW BECAUSE THEY HAVE TO MAKE SURE THAT THEY STAY IN THEIR DEVELOPMENT.

HAVING TWO STORY APARTMENTS, I THINK IS RIDICULOUS BECAUSE THE LITTLE BIT OF GRASS THAT THEY WANT TO SAY, YOU'RE GOING TO HAVE LIGHT SHINING INTO OUR HOMES CONSTANTLY, THE BUSINESSES THERE, I MEAN, I DON'T KNOW WHY IT NEEDS TO BE IN THAT SPOT.

IT'S LIKE WE DON'T EXIST TO, YOU KNOW, IF BUSINESSES CAN BE BUILT, WE EXIST AND WE LIVE THERE.

WE BROUGHT THERE BECAUSE IT'S QUIET.

IT'S BEAUTIFUL. WE LOVE IT THERE.

OKAY, I'LL ASK YOU TO DRAW TO A CLOSE, MA'AM, JUST TO KEEP IT EQUITABLE FOR EVERYBODY.

IF YOU WANT TO, YOU KNOW, LOOK MORE INTO THIS.

WAIT TILL THE ROADS ARE WIDENED.

YOU BROUGHT UP A GREAT POINT ABOUT THE FIRE.

WAIT UNTIL THE ROADS ARE WIDENED AND THEN BRING THIS UP AGAIN WHEN AT THE JOHN POP AT THE POP FRED POP PARK, THEY HAD THE EASTER EGG DROP. THERE WAS A TWO HOUR BUMPER TO BUMPER LINE TO GET IN AND THEN GET OUT.

TRAFFIC IS VERY PERTINENT TO THIS.

YOU REALLY, REALLY, REALLY HAVE TO CONSIDER THE TRAFFIC.

IT'S GOING TO MAKE IT SO MUCH WORSE.

MA'AM, YOU'VE REACHED YOUR TIME.

ALL RIGHT. THANK YOU.

SARAH, I BELIEVE YOU HAD YOUR HAND UP.

HOW ARE YOU? I'M TRYING NOT TO WASTE YOUR TIME.

I'M SCOTT VIRGIN. I AM ALSO ON ALLISON DRIVE.

I HAVE SOME CONCERNS MYSELF.

AND ONE OF THE BIGGEST ONES ACTUALLY, IS THE TRAFFIC, WHICH YOU'VE KIND OF TOUCHED ON A LITTLE BIT.

AND IT'S REAL NICE THAT THEY WANT TO SET US UP WITH A ANOTHER LIGHT RIGHT THERE.

I DON'T KNOW IF YOU GUYS DRIVE UP AND DOWN AND SEE HOW MANY LIGHTS ARE THERE, BUT THE DEVELOPMENT RIGHT BESIDE US IS IN THE PROCESS TODAY OF PUTTING A LIGHT THERE.

SO THEN THEY'RE GOING TO PUT A LIGHT HERE.

SO THAT PUTS US WHERE IN BETWEEN TWO LIGHTS THAT WE CAN'T MOVE ON.

NOW WE ALSO HAVE THE HIGH SCHOOL.

I CAN'T GET IN AND OUT OF MY HOUSE.

IF I LEAVE BEFORE 9:00, I CAN'T GET OUT.

I CAN'T GET OUT NOW, LET ALONE IF YOU START DUMPING ALL THIS ON US ON THE OTHER SIDE, WE'VE ALREADY GOT COMING OFF THE BACK ROAD.

YOU ALREADY KNOW WHAT'S DEVELOPED OUT THERE.

THERE'S PLENTY OF COMMERCIAL DEVELOPMENT COMING ACROSS THE CANAL, WHICH IS COMING UP.

SO WHY THEY NEED TO DUMP THAT RIGHT IN OUR BACKYARD? I HAVE NO IDEA. WE HAVE 550 HOUSES ON THE OPPOSITE SIDE.

THEY GET PUT IN IT. WE HAD NOTHING THERE AND THAT'S WHAT WE BOUGHT.

IT WAS INITIALLY FLOOD LAND MIRACLE.

IT'S GONE AWAY.

IT WAS SCRUB JAYS AND ALL KINDS OF PROBLEMS WITH THAT.

MIRACULOUSLY, THAT'S ALL GONE AWAY.

SO THERE'S NO MORE WILDLIFE AND NO MORE WATER ISSUES.

I'M NOT QUITE SURE HOW THAT HAPPENED, BUT IT'S A MIRACLE.

I HOPE THEY'RE GOING TO HAVE SOME ISSUES WITH THE, YOU KNOW, HAVE SOMEBODY CHECK ON THE WATER BECAUSE THE EXISTING DEVELOPMENT IS ALREADY FLOODING INTO OUR NEIGHBORS.

THIS IS GOING TO DO THE SAME BECAUSE IT BACKS UP TO THERE.

AND I'M PRETTY SURE THAT THERE WAS A LOT LINE ISSUE THAT'S BEEN ONGOING WITH THE NEIGHBORS THAT WILL ABUT THAT PROPERTY.

SO THAT ALSO NEEDS TO BE ADDRESSED.

AND LIKE I SAY, THE TRAFFIC STUDY IS ENORMOUS BECAUSE SERIOUSLY, YOU KNOW, HEAVY TRAFFIC IS GOING TO COME AT LUNCHTIME.

WELL, THAT JUST ELIMINATES MY DAY BECAUSE AT DINNER TIME, TRAFFIC IS EVERYBODY'S TRYING TO COME HOME.

OBVIOUSLY SCHOOL'S GOING IN EARLY IN THE MORNING, SO LET'S ADD IT AT LUNCH TIME SO WE CAN'T LEAVE THE HOUSE.

AND AGAIN, IF I HAVE TO GO LIGHT TO LIGHT, EVERYBODY'S GOING TO BACK UP AND THE LIGHT IS GOING TO CHANGE.

AND WHERE DO I GO FROM THERE.

SAME THING ON THIS END.

WE ARE BURIED ABSOLUTELY BURIED TO DEATH.

IT'S HORRIBLE. AND THEN THE EMERGENCY SERVICES, WHICH YOU KIND OF TOUCHED ON, GOD FORBID SOMEBODY HAS A PROBLEM IN OUR NEIGHBORHOOD BECAUSE YOU CAN'T GET THROUGH TRAFFIC EVEN RIGHT NOW. IF THEY WERE CALLED IT TO RESPOND TO US.

GOD HELP YOU IF YOU'RE REALLY IN DIRE NEED, BECAUSE THAT'S NOT GOING TO HAPPEN EITHER.

I MEAN, THESE ARE ALL ISSUES THAT HAVE BEEN ONGOING THE WHOLE WAY.

I DON'T KNOW ABOUT THE ELECTRIC GRID AND ALL THAT EITHER, WITH ALL THESE NEW ONES COMING UP, HERITAGE PARKWAY.

I MEAN, IS THAT AN ISSUE? DOES ANYBODY KNOW WE TOUCHED ON THAT AT ALL WITH THE ELECTRICAL GRID? I MEAN, THAT'S A LOT THAT'S A LOT THAT'S BEING ADDED.

I MEAN, MY GOD, ARE WE JUST GOING TO BE A ROLLING BROWNOUT LIKE, YOU KNOW, LET'S DO SOME COPYCAT ISSUES WITH THAT STUFF.

I HAD OTHER THINGS I WANTED TO SAY.

WELL, WE GOT THE PLAZAS ACTUALLY TWO, WHICH THEY'RE TALKING ABOUT AS WELL WITH PUBLIX AND ALL THAT.

SO IS THERE REALLY A NEED FOR THAT RIGHT NEXT TO US? I DON'T KNOW. I'M NOT.

I'M NOT FINDING THE NEED.

BUT I WILL TELL YOU THAT THE EMERGENCY SERVICES I WOULD REALLY LOOK INTO PUT A FIRE DEPARTMENT THERE.

WOULDN'T THAT BE AWESOME? NOW EVERYBODY CAN HAVE SERVICES WITH NO PROBLEM.

BUT LIKE I SAID, THE TRAFFIC.

ARE WE GOING TO DO STUDIES AND DO WE HAVE TO ARE WE GOING TO BE ABLE TO GET A LIGHT LIKE EVERYBODY ELSE SO WE CAN GET OUT OF OUR EXISTING PROPERTIES? IS THAT A POSSIBILITY?

[00:55:01]

BUT YOUR FEEDBACK IS VERY HARD.

WELL, AND THAT'S IT.

LIKE I SAID, I DON'T MEAN TO BE, YOU KNOW, COME AGGRESSIVELY AT IT.

BUT MAN, 20 OVER 20 YEARS I PAID OFF MY HOUSE.

THIS IS MY FOREVER PLACE.

AND THEY WANT TO BURY US LIKE WE DON'T EXIST.

IT'S JUST NOT COOL. YOU KNOW, THIS STUFF NEEDS TO BE LOOKED AT BECAUSE WE CAN'T GET IN OR OUT AT ANY TIME.

TAKE A RIDE DOWN, I.

PLEASE TAKE A LOOK. TAKE A RIDE.

I MEAN, IT SOUNDS LIKE YOU'VE BEEN DOWN THERE.

I MEAN, THAT'S THE ONLY CHUNK OF LAND LEFT BEFORE THE CANAL.

AND THEN IT WILL BE WIPED OUT ALL THE WAY DOWN PAST THE HIGH SCHOOL ON THAT SIDE.

DONE. IT WON'T BE ANY LAND LEFT THERE ALREADY BEHIND ME.

THERE'S NO LAND LEFT. SO WHEN IS ENOUGH? ENOUGH? WHEN DO WE START KEEPING SOME LAND? YOU KNOW, WE. EVERYBODY'S CRYING ABOUT THE POLLUTION AND ALL THE REST OF IT.

WELL, I'M NOT GOING TO FIX IT WITH ANOTHER APARTMENT BUILDING.

VERY MUCH FOR YOUR COMMENTS, SIR.

SIR, I THINK I SAW YOUR HAND.

HOW ARE WE DOING THIS EVENING? MY NAME IS DANIEL HOLMES.

I AM THE PRESIDENT OF PHASE ONE OR PHASE PHASE ONE'S MALABAR LAKES WEST.

I LOVE TO DRAW YOUR ATTENTION TO THIS MAP BECAUSE THIS MAP IS PRETTY SIGNIFICANT RIGHT HERE.

LOT 424.

THE APPLICANT IS TRYING TO CHANGE THAT FROM A COMMERCIAL TO A MIXED PROPERTY.

THAT'S WHAT I UNDERSTAND FROM TODAY'S PRESENTATION.

THE APPLICANT WILL LEAD YOU TO BELIEVE THAT HIS IMPACT IS GOING TO BE LESS BY PUTTING RESIDENTIAL HOUSES IN MULTIFAMILY APARTMENTS IN THAT LOT OF 424.

MY HOUSE IS RIGHT BEHIND THAT, SURROUNDED BY ALL THE HIGHLIGHTED COLORS.

OUR NEIGHBORHOOD, OUR LITTLE NEIGHBORHOOD OF 41 HOMES IS LOCATED RIGHT IN THE CENTER OF ALL OF THAT MESS.

MISS BRENDA HAS ALREADY TALKED TO YOU A LITTLE BIT ABOUT WHAT'S GOING ON AND WHAT'S BEEN GOING ON IN OUR NEIGHBORHOOD WITH THE ADJACENT PROPERTIES.

I WANT TO TALK MORE OR LESS ABOUT THE IMPACT THAT HIS PROJECT IS GOING TO HAVE ON OUR NEIGHBORHOOD.

HIS PROJECT, HE'S PROPOSED TO PUT A BUFFER BETWEEN THE BACK OF SOME OF OUR BREVARD COUNTY SHERIFF'S HOUSES, WHICH IS GOING TO BE HOPEFULLY ACCOMPANIED BY A WALL OF SOME SORT.

WE WERE PROMISED A WALL AND ON ONE OF OUR ADJACENT PROPERTIES THAT NEVER HAPPENED.

WE ENDED UP GETTING A WOODEN FENCE THAT'S FALLEN DOWN THREE TIMES ALREADY SO FAR, WITH WHAT THEY'RE PROPOSING TO PUT THERE, THE APPLICANT HAS NO CLUE WHAT'S ACTUALLY GOING TO GO THERE. THEY'RE HERE TRYING TO TELL YOU THAT, OH, WE'RE GOING TO HAVE GREAT, BEAUTIFUL THINGS HERE, AND WE'RE GOING TO HAVE GREAT RESIDENTS AND GREAT.

THAT'S ALL FINE AND DANDY, BUT A COMMERCIAL PROPERTY IS NOT GOING TO BRING THE RIFF RAFF THAT A NEIGHBORHOOD OR AN APARTMENT COMPLEX CAN BRING.

WE'VE ALREADY STARTING TO SEE IT.

WE'VE ALREADY STARTING TO SEE PEOPLE COME TO OUR NEIGHBORHOOD, FISH IN OUR PONDS.

OUR CRIME HAS GONE UP IN OUR NEIGHBORHOODS SIGNIFICANTLY SINCE THE ADJACENT PROPERTIES HAVE BEEN BUILT THAT ARE RESIDENTIAL.

COMMERCIAL IS WHAT WE NEED ON THIS SIDE OF THE TOWN.

YOU SAID IT YOURSELF. YOU SAID IT AS WELL ABOUT LAW ENFORCEMENT, FIRE DEPARTMENT RESPONSES, NOT HAVING A LADDER TRUCK TO SERVICE WHEN THEIR THREE STOREY APARTMENT BUILDING CATCHES ON FIRE.

HOW ARE WE GOING TO SERVICE THOSE GUYS? WHAT'S THE RESPONSE TIME GOING TO LOOK LIKE THERE? WE HAVE A FIRE CHIEF, TWO OF THEM, ONE THAT WAS RETIRED FROM PALM BAY THAT LIVE IN THIS SAME NEIGHBORHOOD, MY NEXT DOOR NEIGHBOR WHO HAVE CONCERNS, WHO I'M HERE TO TRY AND SPEAK FOR BECAUSE THEY CAN'T BECAUSE THEY'RE DOING THEIR JOBS.

I SAY WE KEEP THIS THING COMMERCIAL AND FIGURE OUT WHAT IT'S GOING TO BE WHEN A COMMERCIAL PERSON PRESENTS SOMETHING THAT ACTUALLY WILL BENEFIT OUR COMMUNITY.

THIS DOESN'T BENEFIT OUR COMMUNITY.

NOT ONE WAY DOES IT BENEFIT OUR COMMUNITY.

WE CAN'T GET IN OR OUT NOW.

WE'RE NOT GOING TO BE ABLE TO GET IN OR OUT.

THE APPLICANT HASN'T GIVEN ANY ANY THOUGHT TO OUR LITTLE PIECE OF PARADISE RIGHT THERE.

NO THOUGHT AT ALL. HE'S TALKED TO YOU ALL DAY ABOUT ALL THE SURROUNDING PROPERTIES.

HE'S SHOWN YOU A MAP.

THAT'S ALL THE SHOPPING THAT WE HAVE ON THE EAST SIDE OF PALM BAY.

HE'S NOT FROM HERE.

HE DOESN'T LIVE HERE.

WE LIVE HERE.

THIS IS OUR CITY.

WE CARE ABOUT THIS CITY.

WE CARE ABOUT WHAT HAPPENS HERE.

WE CARE ABOUT THE COMMERCIAL PROPERTIES THAT ALREADY HAVE BEEN APPROVED THAT WE'RE ALL LOOKING FORWARD TO GOING TO.

BUT WHAT A COMMERCIAL PROPERTY.

THEY OPEN AND THEY CLOSE.

THERE'S A CLOSING TIME.

PEOPLE GO HOME.

THEY'RE NOT. THEY'RE LINGERING AROUND LIKE WE HAVE NOW IN THE MIDDLE OF THE NIGHT.

RIGHT NOW OUR COMMUNITY IS NOT.

WE ARE THE COUNTY WITH RESPONSIBILITY FOR POLICE RESPONSE, WHICH HAS BEEN SIGNIFICANTLY HARD ON US RECENTLY BECAUSE ANY TIME THERE'S AN EMERGENCY IN OUR NEIGHBORHOOD, IT'S NOT PALM BAY THAT RESPONDS.

[01:00:06]

SO THIS BY PUTTING APARTMENTS HERE IS ONLY GOING TO ADD.

AND HE ALREADY STATED IN HIS PRESENTATION THAT IT'S GOING TO BE A LOWER INCOME YOUNGER FAMILIES.

OKAY. THE MEDIUM HOUSES IN MALABAR LAKES WEST, THE AVERAGE HOME PRICE IS 400 TO $500,000.

AND EVERY LAST ONE OF THOSE HOMES, WE GOT 41 OF US.

I ASK THAT WE TAKE OUR NEIGHBORHOOD, OUR LITTLE PIECE OF PARADISE THAT WE HAVE, THAT WE'VE ALL INVESTED IN, THAT WE CONTINUE TO INVEST IN AND THINK ABOUT THE IMPACT OF THE RESIDENTS THAT ALREADY LIVE HERE.

BEFORE WE START WORRYING ABOUT WHERE WE'RE GOING TO PUT MORE RESIDENTS.

GIVE US A PLACE TO SHOP.

WE LOVE THAT. GIVE US A PLACE TO FUEL OUR CARS.

WE LOVE THAT. WIDEN OUR ROADS.

LET'S BUILD OUR INFRASTRUCTURE.

THOSE THINGS WE WOULD WELCOME.

I'VE ALREADY HAD TO BE INDEMNIFIED BY THIS COMPANY FOR DESTROYING PARTS OF OUR PROPERTY JUST WHEN THEY WERE INVESTIGATING THIS.

THE APPLICANT DOESN'T BRING THAT UP, DOESN'T BRING UP WHERE HE'S GOING TO PARK HIS 18 WHEELER TRUCKS, DOESN'T BRING UP WHERE HE'S GOING TO PARK HIS BULLDOZERS, DOESN'T BRING UP WHERE HE'S GOING TO PARK ANY OF THAT STUFF BECAUSE WE HAD TO FIGHT.

NOT WITH LAW ENFORCEMENT BECAUSE THEY COULDN'T RESPOND IN TIME.

BUT ME PERSONALLY, A DISABLED VETERAN THAT LIVES AT THE HOUSE THAT I WORK FROM HOME, WAS AVAILABLE TO COME DOWN THERE AND TALK WITH THESE PEOPLE AND LET THEM KNOW HOW THEY WERE WRONG AND DESTROYED PARTS OF OUR PROPERTY THAT WE AS RESIDENTS HAVE TO PAY TO FIX, WHICH IS STILL NOT RIGHT.

I URGE EVERY LAST ONE OF YOU TO GO DOWN ALLISON, DRIVE AND TAKE A LOOK AT THE GRASS THAT WAS PAID TO BE REPLACED.

I'LL ASK YOU TO DRAW TO A CLOSE, SIR.

THANK YOU. APPRECIATE YOU ALL.

THANK YOU FOR YOUR COMMENTS, SIR.

MOREOVER, THANK YOU FOR YOUR SERVICE, SIR.

MA'AM.

EILEEN. SEP 1230 FREEL ROAD, NORTHEAST.

I AM CONCERNED ABOUT A FEW THINGS.

ONE THING THAT HE SAID WAS THAT IT'S GOING TO BRING TAX MONEY INTO THE AREA.

WELL, RENTERS DON'T PAY TAXES AND LOW INCOME GETS ABATEMENTS.

I HAVE DOWN THE STREET FROM ME.

I'VE LIVED HERE 33 YEARS.

THERE IS A VERY SIMILAR STYLE DEVELOPMENT DOWN THE STREET, AND FOR YEARS YOU COULDN'T WALK IN THAT DIRECTION.

AT NIGHT THERE WAS NOTHING BUT DRUG ADDICTS AND CRIMINALS.

THERE WERE. THERE WAS A POLICE CAR OUTSIDE THAT DEVELOPMENT 24 OVER SEVEN, AND IT WASN'T UNTIL THEY CHANGED IT TO CO-OPS THAT IT GOT A LITTLE BIT BETTER.

BUT THERE ARE STILL PROBLEMS WITH PEOPLE HANGING IN THE GAS STATION AROUND THE CORNER.

AS FAR AS PUTTING THAT NUMBER OF APARTMENTS IN ANY ONE AREA, WE DON'T HAVE THE SEWER TO SUPPORT IT.

WE DON'T HAVE THE WATER DEVELOPMENT RESOURCES.

WE'RE RUNNING THE CITY ON ONE 70 FOOT.

WELL, THAT IN A FEW MINOR ONE TWO IN THE NEWER ESSER TO UP TO 60 YEAR OLD PIPE.

IT'S ONE OF THE HAVE THE ROADS AND ME 30 MINUTES TWO MILES FROM WHATEVER PALM BAY WATER WHEN ROAD TO IN POWER SAYS THAT'S THAT'S RIDICULOUS. ARE YOU WHAT? THAT WE DON'T HAVE TO DO ANYTHING THAT'S WRONG.

MOVING THE GROUNDWATER PUMP IN THIS CITY.

AND WE'RE GROWING TOO FAST.

WE NEED TO STOP THE DEVELOPMENT.

YOU KNOW, I'M NOT OPPOSED TO IT, BUT WE NEED TRIES.

THE WRAP IT FOR THE TIME BEING.

AND CERTAINLY NOT RAISING TIME.

WE'VE ALL GROWN OVER.

WE BEEN THE THOUSAND PEOPLE IN THE COUPLE OF YEARS.

CIRCLE THE WAGON. YOU KNOW IT.

IT SEEMS LIKE IN MOTION IS MORE ABOUT GETTING TAX DOLLARS AND A HEADQUARTERS SO THE CITY CAN COLLECT MORE MONEY.

IN THE MEANWHILE, EVERYBODY THAT LIVES HERE IS PAYING THE COST OF THAT.

OUR RESOURCES ARE NONEXISTENT.

THERE'S NOT ENOUGH POLICE.

THERE'S NOT ENOUGH FIREMEN.

I WENT DOWN BAYSIDE LAKES AND SAW IT IS THE FIRE DEPARTMENT THAT'S BEEN THERE FOR YEARS IS TWO TRAILERS AND A CARPORT.

YOU KNOW, I LIVED IN THE BRONX BEFORE I CAME HERE.

I DON'T WANT TO SEE THIS CITY TURN INTO THE BRONX.

AND THAT'S WHAT WHAT'S GOING TO HAPPEN WHEN YOU BRING THIS KIND OF A DEVELOPMENT INTO PALM BAY? PLEASE THINK ABOUT THE PEOPLE WHO LIVE HERE AND WHO HAVE INVESTED IN THIS COMMUNITY AND SHOW SOME CONSIDERATION FOR THEM.

THIS SHOULD NOT HAPPEN.

THANK YOU MA'AM.

[01:05:03]

OKAY. RAISE US UP A LITTLE BIT.

THANK YOU, MR. CHAIRMAN.

LADIES AND GENTLEMEN OF THE BOARD.

I'D FIRST OF ALL, LIKE TO START OFF BY THANKING THE APPLICANT FOR THEIR PRESENTATION AND THEIR UNCANNY ABILITY TO SPIN A NIGHTMARE INTO A FAIRY TALE.

IF YOU COULD PLEASE INTRODUCE YOURSELF.

FOR THE RECORD, SIR THOMAS GOMM, 1730, LANTANA COURT, NORTHWEST, JUST OUTSIDE THE 500 FOOT BARRIER OF THIS DEVELOPMENT.

THANK YOU. BUT AS I WAS SAYING, THERE MIGHT BE A JOB IN POLITICS FOR THAT YOUNG MAN SOMEDAY.

BUT I TRUST YOU RECEIVED AND HAVE REVIEWED MY EMAIL REGARDING MY CONCERNS ABOUT MALABAR VILLAGE.

I'M HERE TODAY TO ELABORATE ON THOSE CONCERNS AND HIGHLIGHT THE CRITICAL IMPORTANCE OF ADHERING TO THE COMPREHENSIVE PLAN.

WE JUST SPENT A LOT OF MONEY UPDATING OUR COMPREHENSIVE PLAN.

A LOT OF STAFF TIME.

THE COMPREHENSIVE PLAN IS NOT SIMPLY A DOCUMENT.

IT'S THE CULMINATION OF A CULMINATION OF EXTENSIVE COMMUNITY INPUT AND REPRESENTS THE COLLECTIVE VISION FOR THE FUTURE OF PALM BAY.

IT IS THE POLICY DOCUMENT THAT GUIDES OUR GROWTH AND DEVELOPMENT, ENSURING THAT NEW PROJECTS ARE COMPATIBLE WITH EXISTING NEIGHBORHOODS, PROTECT OUR ENVIRONMENT AND PROVIDE ADEQUATE INFRASTRUCTURE FOR OUR RESIDENTS.

AS MEMBERS OF THE PLANNING AND ZONING BOARD, YOU ALL HAVE A VITAL RESPONSIBILITY TO UPHOLD THE UPHOLD THE POLICIES OF THE COMPREHENSIVE PLAN.

UNFORTUNATELY, THE MALABAR VILLAGE DEVELOPMENT, AS IT STANDS DOES NOT ALIGN THE SEVERAL KEY POLICIES IN OUR COMPREHENSIVE PLAN.

AND ENCROACHES ON ESTABLISHED SINGLE FAMILY NEIGHBORHOODS WITH INCOMPATIBLE HIGH DENSITY RESIDENTIAL AND COMMERCIAL USES.

CONTRADICTING THE PLAN'S EMPHASIS ON COMPATIBILITY AND TRANSITION BETWEEN DIFFERENT AREAS.

ADDITIONALLY, THE PROPOSED DEVELOPMENT WILL SIGNIFICANTLY, SIGNIFICANTLY INCREASE TRAFFIC ON MALABAR ROAD, WHICH IS ALREADY DEFICIENT IN POSSESSES SAFETY CONCERNS. THIS DIRECTLY CONFLICTS WITH THE PLAN'S CONCURRENCY REQUIREMENTS AND COMMITMENT TO MAINTAINING ADEQUATE INFRASTRUCTURE.

FURTHERMORE, I BELIEVE THIS DEVELOPMENT IS PREMATURE AS I'VE DONE A LOT OF RESEARCH ABOUT THIS DEVELOPMENT.

THE BAYSIDE LAKES ISSUES AND OTHER THINGS GOING ON.

I KEEP RUNNING UP AGAINST THAT TERM.

PRE-MATURE DEVELOPMENT.

DEVELOPMENT THAT TAKES PLACE BEFORE THE INFRASTRUCTURE IS IN PLACE TO SUPPORT IT.

I'M PARTICULARLY CONCERNED WITH THE FOUR MILE STRETCH OF MALABAR ROAD BETWEEN THE SAINT JOHN'S HERITAGE PARKWAY AND MENTON ROAD.

IT CANNOT SUPPORT INCREASED TRAFFIC LOAD.

THIS PROJECT WILL GENERATE.

WHILE THERE ARE PLANS TO WIDEN MALABAR ROAD IN THE FUTURE.

THAT'S YEARS AWAY, AND THERE'S NO PLAN THAT WIDENING MALABAR ROAD WILL EVEN MITIGATE THE ADDITIONAL TRAFFIC THAT THIS DEVELOPMENT BRINGS. I URGE THE PLANNING AND ZONING BOARD TO UPHOLD THE PRINCIPLES OF OUR COMPREHENSIVE PLAN, AND RECOMMEND DENIAL OF MALABAR VILLAGE DEVELOPMENT'S APPLICATION. I WILL SAY THIS.

I CAN'T SPEAK FOR MY NEIGHBORS.

I CAN ONLY SPEAK FOR MYSELF.

AND I REALIZE THEY COULD GO ON THERE AND PUT IT ON COMMERCIAL DEVELOPMENT ANY TIME THEY WANT TO.

AND THERE'S A LOT OF CITIZENS IN THIS TOWN THAT COMPLAIN ABOUT CAR WASHES AND DOLLAR STORES.

BUT THAT'S A HELL OF A LOT BETTER THAN HAVING 424 APARTMENTS ACROSS THE STREET FROM YOU.

THANK YOU. THANK YOU SIR.

GOOD EVENING. ROBERT STEIN, 1796 WEINBERG DRIVE, SOUTHEAST.

THERE ARE SEVERAL REASONS WHY YOU SHOULDN'T ACCEPT THIS AT ALL.

NOW THE CITY GETS THIS, THE REPRESENTATIVES GET THIS.

FIRST REASON IT'S INFRASTRUCTURE.

INFRASTRUCTURE, INFRASTRUCTURE.

IT'S NOT THERE.

MALABAR ROUTE.

I'M SORRY. I'M KEEPING YOU AWAKE.

MALABAR ROAD IS OBSOLETE.

ARE WE GOING TO BE AROUND? ARE YOU AND I GOING TO BE AROUND WHEN THEY FINALLY GET TO TO WITNESS? THANK YOU FOR FOR YOUR HEAD NODDING THERE.

OKAY. SO AGAIN YOU'RE GOING TO GET THE TRAFFIC STUDIES YOU KNOW.

OH THIS IS THE TRAFFIC STUDY.

SO YOU'RE TALKING ABOUT 428 428 APARTMENTS TIMES 2.8 PEOPLE IS 1187 RESIDENTS.

[01:10:01]

OKAY, THAT'S 848 CARS.

OKAY. MALABAR ROAD, LET ME I'M SORRY.

LET ME GIVE YOU A REALITY PILL, OKAY? IT'S OBSOLETE.

IT DOESN'T WORK.

IT SUCKS IF YOU'RE ON THAT.

ANY KIND OF RUSH HOUR.

I MEAN, I CHATTED WITH DONNY FELIX.

HE SAID IT TOOK 23 MINUTES TO GET DOWN FROM ONE AREA TO THE LIGHT IN ORDER TO TAKE HIS DAUGHTER TO SCHOOL.

THIS IS REALITY.

YOU KNOW, RETENTION PONDS.

CAN WE PUT UP THAT CHART WHERE IT HAD ONE, TWO AND A LOT ONE, LOT TWO AND LOT THREE? I MEAN, IS IT IS IT.

YOU KNOW, THE THREE PRESIDENTIAL PARDONS THAT CHOSE LOT ONE.

LOT TWO. LET THREE, IF YOU DON'T MIND, PLEASE.

WELL, WE'RE GETTING CLOSE.

YEAH, YEAH, YEAH, YOU JUST CONTINUE.

OKAY. WHY ARE YOU DOING THAT? I DON'T SEE WHAT GREEN SPACE IS.

I'M JUST NOT SEEING THE GREENS.

IS A RETENTION POND A GREEN SPACE? I DON'T KNOW, I'M GOING TO TRY TO BE AS BRIEF AS I CAN, BUT I WANT TO YOU KNOW, I WANT YOU GUYS TO LOOK AT THIS.

THE COUNTY IS WORKING ON THIS.

WHEN ARE THEY GOING TO BREAK GROUND? I MEAN, OUR INFRASTRUCTURE SUCKS.

IT'S BAD.

IT'S DANGEROUS.

OKAY. 300 YARDS DOWN THE ROAD WITH THIS PROPOSAL IS THERE'S ALREADY ANOTHER INFRASTRUCTURE THERE.

OKAY, YOU SEE THE WAY? IS IT 25% OF PEOPLE, THE WAY THEY DRIVE? I'M DRIVING A FULL SIZE PICKUP.

IT SCARES THE HELL OUT OF ME THE WAY THESE PEOPLE DRIVE.

DOES LOW INCOME HOUSING OKAY.

THEY MENTIONED RENT CONTROL.

NOW I THINK HIS COMPANY IS ONLY IN FLORIDA, MOSTLY IN NEW YORK, NEW JERSEY.

I WAS BORN AND RAISED IN JERSEY CITY.

OKAY. THAT'S A TOUGH AREA.

MY SISTER WAS IN LOW INCOME HOUSING.

DO YOU ACTUALLY KNOW WHAT THAT MEANS? YOU'RE IN LOW INCOME HOUSING.

LET'S PICK A NUMBER OUT OF MY HAT.

LET'S SAY THE LOW INCOME RATE IS $1,200 FOR A STUDIO APARTMENT.

ALL RIGHT. HAVE YOU SEEN THE FOLKS THAT GO INTO LOW INCOME HOUSING? MY SISTER LIVED TWO BLOCKS FROM THE GAS STATION.

GO TO NEW YORK. IT'S FRIGHTENING TO WALK AROUND THESE AREAS.

OKAY. DO WE HAVE A DRUG PROBLEM IN THIS COUNTRY? ABSOLUTELY. I THINK WE'LL HAVE A DRUG PROBLEM WITH LOW INCOME HOUSING.

ABSOLUTELY. HOW ABOUT ALL THE CRIME? YOU KNOW, MY SISTER IN LOW INCOME HOUSING WAS WAS MUGGED FOUR TIMES.

AND THE REASON WHY I'M MENTIONING THAT.

BECAUSE THIS IS WHAT THAT BRINGS, ALL RIGHT? LOW INCOME HOUSING.

YOU'RE TALKING ABOUT SUBURBAN GRIDLOCK AND SUBURBAN IN SOME AREAS.

TERROR. YOU KNOW, YOU'RE GOING TO TALK ABOUT TRAFFIC STUDIES.

I MEAN, THERE'S AN OLD SAYING IN JERSEY, DON'T PEE ON MY LEG AND TELL ME IT'S RAINING OUT.

OKAY. FINALLY, I DON'T KNOW IF YOU YOU MAY HEAR RANDALL, IF I MAY, THE OTHER FIRE CHIEF JUST ON SAFETY ALONE.

OKAY. IT'S 12 MINUTES FOR THE FIRE DEPARTMENT TO RESPOND TO A FIRE.

IT'S ALSO ABOUT 12.

8 TO 12 MINUTES, IF I REMEMBER CORRECTLY, HAVE A BUNCH OF NOTES.

I COULD LOOK AT THAT. THAT ONCE A HOUSE OR A COMPLEX HITS FIRE, IT'S TOTALLY DESTROYED AND IT'S GOING TO GO UP.

SO ALL THE PROBLEMS THAT YOU HAVE OUTSIDE THE GATE.

CRIME, CRACK DRUGS AND WHAT HAVE YOU.

ONE APARTMENT GOES UP.

IS THERE ANY ADEQUATE FIRE RESPONSE TEAM THAT CAN THAT CAN MEET THIS DEMAND? AND THAT ANSWER, IF YOU'RE GOING TO BE TRUE TO YOURSELF, IS NO, THEY CAN'T MEET THAT.

I ASK YOU TO DRAW TO A CLOSE, SIR.

BRING IT HOME. SO I URGE YOU I URGE YOU TO VOTE NO.

THANK YOU FOR YOUR COMMENTS, SIR.

MR. BATTEN. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

SINCE THEY COMBINED THREE AGENDA ITEMS INTO ONE, IT MAKES IT HARD FOR PEOPLE TO EXPRESS WHAT THEY'RE TRYING TO ADDRESS IN ONE INDIVIDUAL ITEM.

SO I'M GOING TO ADDRESS THE FIRST PART ON THIS ONE IS GOING TO BE THE ZONING CHANGE OF THE COMPREHENSIVE PLAN.

THAT'S NUMBER ONE.

THIS WILL BE THE THIRD TIME I'M A LONG TIME RESIDENT OF PALM BAY, WHERE I'VE SEEN THE ZONING CHANGE ON THIS ONE PARTICULAR PIECE OF PROPERTY.

WITHIN HOURS, THE EXPENSIVE PLAN IF THEY WERE TO TAKE PLACE RIGHT NOW.

THAT BEING SAID WISE, WE WENT THROUGH THE COMP PLAN AND WE WAITED TWO YEARS FOR IT TO BE SPENT.

AFTER SPENDING APPROXIMATELY $2 MILLION ON THIS TO COME UP WITH OUR CO YOU KNOW, PLAN, THAT NOTABLE NOTICEABLE SENTIMENT THAT WE HAD TO PUT IN EVENTUALLY GET THERE IS.

SO WHY CHANGE AFTER NOW?

[01:15:01]

WE DON'T HAVE ONE.

PEOPLE ARE SAYING, WELL, IT'S BEEN VACANT FOR TWO GENERATIONS.

THAT OR 20 YEARS.

THE CITY OF PALM BAY IS ONLY 60 YEARS OLD.

IF WE DON'T, IF WE GET RID OF ALL OF OUR POTENTIAL GROWTH AREAS ALONG OUR IN OUR PRIMARY ROADS, WHICH HAPPENS TO BE MALABAR, IF WE GET RID OF SITES LIKE THIS BECAUSE SOMEBODY WANTS TO BUILD HOMES WHERE WE ALREADY HAVE LOTS OF HOME SITES AVAILABLE.

THEN WE'VE ACCESS AND THE OPPORTUNITIES THEY HAVE HOLD THAT COMMERCIAL PROPERTY FOR FUTURE GROWTH AND WAS WHAT OUR OFFENSIVE PLAN DESIGNATED B SECOND ITEM ON FOR ONE. WAS ONE HALF.

IF THEY SAY THEY YOU'RE GOING HALF AND HALF, THEY'RE GOING TO SAY, OH, BUT WE'RE GOING TO KEEP HALF OF THE PROPERTY COMMERCIAL.

WELL, TO ME, APARTMENTS ARE ALSO COMMERCIAL, BUT THAT'S NOT THE TYPE OF COMMERCIAL THEY'RE TRYING TO INSTALL.

THEY'RE. AND WHEN THEY BROUGHT UP IN THEIR PRESENTATION SOUTHERN LIVING.

AND I AGREE, IT'S IN SOUTHERN LIVING.

THE CITY OF PALM BAY RANKS 13 OUT OF 25.

BUT WHAT THEY LEAK ABOUT IS THE CITY AND THE FISHING OF THE CITY OF PALM BAY.

THIS DOES NOT COINCIDE WITH THAT IDEOLOGY THAT THEY'RE TALKING ABOUT.

THAT WAS IN THEIR PRESENTATION.

AND THE LAST ITEM ON THIS ONE WAS, I DON'T WANT TO SEE ANY TAX ABATEMENT BECAUSE THEY'RE DESIGNATING LAND THAT'S GOING TO BE REQUIRED FOR THE WIDENING OF MALABAR ROAD.

WE ALREADY HAVE A TAX PROBLEM OR A MONEY PROBLEM WITHIN THE CITY OF PALM BAY.

PALM BAY DON'T WANT TO SAY, WELL, I'M WANT TO GIVE YOU 52.

WELL, THEY WOULDN'T BE COMPLETE ON THAT 50FT ON MAL.

BUT I DON'T WANT TO SEE WALMART CREDIT BECAUSE THEY'RE TALKING ABOUT HOW MUCH THEY'RE GOING TO RAISE IN TAX.

WELL, I DON'T WANT TO SEE TAX CREDIT GIVEN FOR THE LAND THAT'S DEDICATED TO THE CITY.

RIGHT? ASHLEY GREENE SO I LOOKED AT THEIR DRAWING OF THE RETENTION POND DOES NOT CONSTITUTE GREEN SPACE.

YOU SAY, WELL, YOU'RE GOING TO BE ABLE TO WALK AROUND THE THE POND AS GREEN SPACE.

A RETENTION POND IS JUST THAT.

IT'S A RETENTION POND.

IT DOESN'T EQUAL PICNIC AREAS.

IT DOESN'T MAKE FOR ENJOYMENT FOR ANY OTHER KIND OF ACTIVITY THAN HOLDING WATER DURING A STORM.

SO WHAT THEY'RE SHOULD HAVE THEIR APARTMENTS.

IT DEPENDS TOGETHER.

OR WHAT? THAT THERE IS NO NATURE SUPPLEMENT.

BUT THAT'S WHAT I DON'T KNOW WALKING ABOUT IN SUCH THING.

THANK YOU. THANK YOU SIR.

OR ANYBODY ELSE LIKE TO SPEAK, MA'AM? GOOD EVENIN. THE SITALPUR FORTEN ODD AVENUE PATH GOING TO GIVE.

I REMIND YOU TO BUILD UP THE APARTMENT.

ANYHOW, THAT WAS BUILT ON JACKSON ROAD NEAR WALKING ABOUT THE BEST BUSINESSES WANT TO.

WHERE ARE THEY? THERE'S A CAR WASH.

BIG DEAL. THERE'S A COFFEE PLACE.

WHAT ARE THEY GOING TO HAVE OUT THERE? SO WE NEED TO REALLY FOLLOW THROUGH ON THESE COMPANIES THAT ARE SAYING WE'RE GOING TO HAVE COMMERCIAL, BUT WE'RE GOING TO DO RESIDENTIAL AS WELL. IT'S NOT WORKING.

SO I NEED.

US TO REMEMBER THAT IN THESE FUTURE BUILDINGS, BECAUSE THERE'S ALSO HOW MANY DEVELOPMENTS GOING ON ON SAN FILIPPO.

THERE'S TWO MORE.

THERE'S ONE ON BABCOCK.

THERE'S ALSO STORAGE UNITS GOING IN.

SO WE REALLY NEED TO FIGURE OUT WHAT WE WANT TO DO WITH THESE AREAS.

AND THE OTHER THOUGHT IS, JUST BECAUSE PEOPLE ARE COMING TO PALM BAY DOESN'T MEAN WE HAVE TO ACCOMMODATE EVERY SINGLE PERSON COMING HERE.

IT'S NOT IF WE BUILD IT, THEY'LL COME.

YOU DON'T WANT TO DO THAT.

SO LET'S SLOW IT DOWN AND FIGURE OUT WHAT ELSE WE'RE GOING TO DO.

THANK YOU. THANK YOU MA'AM.

WOULD ANYBODY ELSE LIKE TO SPEAK? THANK YOU, SIR, FOR TURNING THAT IN.

SAY NO FURTHER, AND I'D LIKE TO ASK, WOULD THE APPLICANT THIS TO RESPOND TO PARTY COMMENTS? SO. THANK YOU, MR. CHAIR. YES. I JUST LIKE TO PROVIDE A CUTE A FEW RESPONSES.

WE HEARD SOME CONCERNS FROM NEIGHBORS.

THERE WERE SOME ISSUES WITH SOME DESTRUCTION, UNINTENTIONAL OF THEIR SOD.

MY UNDERSTANDING IS MY CLIENT DID PAY FOR TO BE REPAIRED.

[01:20:03]

AND WE PAID TO GET IT FIXED AS SOON AS WE COULD.

AND WE DO APOLOGIZE FOR THAT.

THAT IS VERY INCONVENIENT.

THAT BEING SAID, YOU HEAR ME? THERE WAS A LOT OF CONCERN ABOUT THE AFFORDABLE HOUSING.

I JUST WANT TO TALK ABOUT THAT FOR A SECOND.

SO JUST SO WE'RE CLEAR, THIS IS HOW COMMUNITIES HAVE NOWHERE FOR PEOPLE WHO ARE WORKING TO LIVE IS BY PEOPLE WHO ARE THERE SAYING, WE DON'T WANT ANY AFFORDABLE HOUSING.

THIS IS WHY ONE OF THE BOARD MEMBERS MENTIONED THE LIVE LOCAL ACT.

IT'S A LAW THAT THE STATE PASSED REQUIRING CITIES TO APPROVE ADMINISTRATIVELY, MEANING NO PUBLIC HEARINGS, NO PUBLIC INPUT FOR PEOPLE THAT BUILD AFFORDABLE HOUSING ON COMMERCIALLY ZONED PROPERTIES.

SO THE QUESTION WAS, IF YOU GET DENIED, YOU CAN DO LIVE LOCAL, RIGHT? THE ANSWER IS YES. THE REASON IS BECAUSE NO ONE WANTS AFFORDABLE HOUSING.

IT TAKES REAL COURAGE BECAUSE NO ONE WANTS.

WORKING PEOPLE TO LIVE IN THEIR NEIGHBORHOODS.

AND SO I WOULD REALLY OBJECT STRENUOUSLY TO PEOPLE THAT HAVE BEEN LIVING HERE A LONG TIME.

AND I RESPECT THAT THEM SAYING, WE DON'T WANT THOSE KIND OF PEOPLE IN OUR NEIGHBORHOOD BECAUSE THOSE KIND OF PEOPLE ARE SINGLE MOTHERS, OUR FIREFIGHTERS, OUR POLICE OFFICERS, OUR NURSES THAT CAN'T AFFORD ANYWHERE TO LIVE.

AND SO THE FACT THAT WE ARE OFFERING AFFORDABLE HOUSING, WORKFORCE HOUSING SHOULD BE VIEWED AS A PROJECT BENEFIT, SHOULD BE WELCOMED IN OUR COMMUNITIES AS OPPOSED TO MADE THOSE PEOPLE TO FEEL LIKE WE DON'T WANT THAT ELEMENT NEAR US.

AND SO I REALLY GET UPSET WITH THAT BECAUSE EVERY SINGLE CITY NEEDS MORE OF IT.

AND WHEN WE GET IN THESE, NOT IN MY BACKYARD DISCUSSIONS, THIS IS HOW IT GETS ZONED OUT OF PLACES.

NOW, THE OTHER THING I WANT TO SHARE WITH THIS BOARD IS DURING THE SITE PLAN PROCESS.

IF THIS IS ALL APPROVED, WE WOULD WELCOME THE OPPORTUNITY TO MEET WITH THE NEIGHBORS FROM THE UNINCORPORATED PROPERTY.

FURTHER TO ADDRESS THEIR CONCERNS.

THEIR CONCERNS CAN BE ADDRESSED WITH SITE PLANNING EXERCISES, WITH LANDSCAPING, WITH WALLS, WITH ACCOMMODATIONS.

WE'D BE HAPPY TO DO THAT. WE DID MEET WITH THEM ONCE.

THEY FEEL LIKE IT'S INSUFFICIENT.

AND SO WE WE WELCOME THAT WE'RE NOT SHYING FROM THAT OPPORTUNITY.

THAT BEING SAID, I WOULD JUST SORT OF CLOSE WITH THE FACT THAT, AGAIN, THE SITE HAS ALREADY BEEN ZONED FOR COMMERCIAL, MEANING HIGH INTENSITY DEVELOPMENT CAN HAPPEN THERE.

AS OF RIGHT.

CITY IS ALREADY CONTEMPLATED FOR THOSE REALLY HIGH LEVELS OF TRAFFIC.

SO DENYING THIS TO MOVE FORWARD, DENYING THE CITY'S ABILITY TO WORK WITH US ON MAKING THIS A GREAT PROJECT WILL LEAD TO ONE OF TWO THINGS. EVENTUALLY, COMMERCIAL DEVELOPMENT WILL HAPPEN.

IT WILL BE VERY INTENSE, HIGHER TRAFFIC LIKELY LESS COMPATIBLE WITH THE NEIGHBORS BECAUSE TYPICALLY YOU DON'T WANT INTENSE COMMERCIAL DEVELOPMENT ADJACENT TO SINGLE FAMILY.

THAT'S THE FIRST THING THAT COULD HAPPEN.

OR AS REFERENCED THEORETICALLY, A LIVE LOCAL ACT PROJECT COULD HAPPEN, WHICH IS VERY SIMILAR TO WHAT WE'RE PROPOSING.

AND SO I WOULD JUST ENCOURAGE THE BOARD TO CONSIDER THAT IN, IN THEIR DELIBERATIONS, BECAUSE WHAT WE THINK WE'RE PROPOSING IS SUPERIOR TO THOSE ALTERNATIVES.

AND SO WHILE THERE HAS BEEN A LOT OF DEVELOPMENT IN PALM BAY, THIS IS THE SORT OF THING THAT IS SORT OF MISSING IN THIS AREA AND WOULD BE A WAY TO GET THE COMMERCIAL DEVELOPMENT MORE QUICKLY IN THIS AREA THAT WE UNDERSTAND THE COMMUNITY FEELS THAT IT NEEDS.

SO THANK YOU VERY MUCH.

THANK YOU. THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS.

CASE IS BROUGHT BACK TO THE BOARD FOR BOARD DISCUSSION.

BOARD MEMBERS AFTER HEARING ALL EVIDENCE, ARE THERE ANY FURTHER QUESTIONS OR EMOTION? NO, NOT FOR ME.

SO, WITH NO FURTHER QUESTIONS, IS THERE A MOTION? WELL, HERE'S MY HERE'S MY TAKE ON IT, WHICH WILL PROBABLY BE FOLLOWED BY A MOTION.

THERE ARE FOUR THINGS THAT THAT REALLY STOOD OUT TO ME IN THIS, IN THE PRESENTATION AS WE AS THEY DISCUSSED IT FURTHER.

I. I CAN SEE THE BENEFIT.

JUST UNFORTUNATELY, I JUST DON'T THINK THAT THIS IS THE LOCATION FOR THAT BENEFIT.

THERE'S THE TRACK STUDY WAS ONE OF THE THINGS THAT REALLY STOOD OUT TO ME.

I WENT BACK AND I MEAN, I REALLY READ THROUGH THE TRAFFIC STUDY.

I KNOW THAT AGAIN, I'M REALLY BIG ON THE TRAFFIC HERE.

AND ONE OF THE THINGS THAT STOOD OUT WAS THAT MALABAR ROAD WILL CONTINUOUSLY EXCEED CAPACITY BUILDING CAPACITY.

SO THAT JUST THAT JUST THAT'S JUST MEANS THAT THE MORE RESIDENTS THAT WE CONTINUE TO, TO PUT INTO THESE DIFFERENT LOCATIONS, THESE VARIOUS LOCATIONS OBVIOUSLY THE MORE TRAFFIC WE'RE GOING TO HAVE ON THE ROAD AND OBVIOUSLY THE LEVEL OF SERVICE IS GOING TO IT'S JUST NOT GOING TO BE THERE.

THE OTHER THING THAT I NOTICED IN THE STAFF COMMENTS, AS WELL AS IN THE PRESENTATION, THE TREE PRESERVATION LIKE I COMMENTED ON EARLIER,

[01:25:01]

THAT'S US, THE THE 11 ACRES OF COMMERCIAL.

AND THEN THE OTHER THING FOR ME WAS THE COMPATIBLE COMPATIBILITY.

NOW, IT KIND OF BRINGS ME TO OUR COMPREHENSIVE PLAN THAT WE DID WORK A LOT DO A LOT OF WORK ON.

I WAS A PART OF THAT.

AND THE CITY'S ECONOMIC DEVELOPMENT STRATEGIC PLAN WHICH HAVE ALREADY IDENTIFIED THAT AREA OF OF MALABAR AS NOT HAVING COMMERCIAL.

AND ONE OF THE THINGS THAT I REALLY WANT TO SEE AND HAVE WANTED TO SEE OUT THERE HAS BEEN COMMERCIAL.

AND SO WE ARE ACTUALLY ONCE AGAIN DEPLETING THE COMMERCIAL BY, BY, BY DOING IT SO I CAN GO AHEAD AND GO INTO A MOTION.

BUT IF THERE'S MORE DISCUSSION, THEN BUT THAT IS, THAT IS MY THOUGHTS ON IT.

SO FOR ME, I DON'T THINK I COULD SUPPORT IT THE WAY IT'S DRAWN UP AT THIS TIME.

SO I WILL DEFINITELY BE ALIGNING MYSELF WITH THE STAFF COMMENTS AND AND STAFF AND AND THE.

HOW I FEEL ABOUT OUR COMMERCIAL ESPECIALLY IN REGARDS TO THE ECONOMIC DEVELOPMENT STRATEGIC PLAN.

WELL, THANK YOU FOR THE FEEDBACK, SIR.

DO I HEAR FURTHER FEEDBACK OR EMOTION? I'D LIKE TO MAKE A MOTION, PLEASE, TO DENY 23 0006.

BUT I'D LIKE TO MAKE THE EXPLANATION OF MY FIRST.

I AM TOTALLY JUST TO STAY WITH.

DO WE HAVE A MOTION? AND THEN I'LL GO FOR YOUR COMMENTS.

SECOND TO THAT MOTION, MR. MILLS. MOTION TO SECOND FOR MCLEOD.

OKAY, SO NOW THE MOTION BY MR. BOEREMA BY MR. MCLEOD TO STAND FOR DENIAL, PLEASE.

MY COMPLAINT IS THERE ARE THREE STREETS REALLY PALM BAY THAT MAIN COMMERCIAL, THAT BEING MALABAR PALM BAY ROAD AND BABCOCK AND I AM TOTALLY FOR COMMERCIAL.

WE REALLY NEED IT.

IT EVENTUALLY WILL GO TO THE BACK OF THAT PROPERTY, AND YOU MIGHT HAVE A TWO STORY COMMERCIAL BUILDING IN YOUR BACK YARD.

NOW THAT COULD HAPPEN, BUT I THINK I WOULD RATHER SEE THAT HAPPEN THAN PUTTING THAT MANY RESIDENTS IN A SINGLE FAMILY HOME COMMUNITY.

SO THAT'S MY DECISION FOR DENIAL.

THANK YOU, MR. BOEREMA. MR. MCLEOD, GIVEN THAT YOU SECONDED THE MOTION, DO YOU HAVE ANY FURTHER FEEDBACK, PLEASE, SIR? WHAT'S HAPPENING HERE IS WHAT CITIES CONFRONT ALL OVER AMERICA.

ESTABLISHED RESIDENTS BELIEVE THEY HAVE THE RIGHT TO PREVENT OTHERS FROM BRINGING UNWANTED DEVELOPMENT.

ONE OF THE THINGS THAT I FIND INTERESTING AND WE HAVE AN OLD PHRASE IN JAMAICA.

WHAT THE RESIDENTS WANT AND WHAT THEY DEVELOPERS WANT.

IT'S NOT TOO FAR APART.

AND THE PHRASE IS YOU'RE GOING TO SWAP A BLACK DOG FOR A MONKEY.

AND WHAT THAT MEANS IS WHEN YOU GET WHAT YOU WANT, DEVELOPERS ARE GOING TO DO SOMETHING THAT YOU DON'T WANT EITHER.

SO THAT'S WHY I'M THAT'S WHY I'M OPPOSED TO THE PLAN AS CURRENTLY I, I WOULD LOVE TO SEE IT GO STRICTLY COMMERCIAL AND THAT'S AN OPTION THEY HAVE THAT WILL PRESENT DIFFERENT PROBLEMS FOR YOU.

HENCE BLACK DOG FOR THE MONKEYS.

SO THAT'S WHY I'M OPPOSED TO IT NOW, BUT WITH THE CAVEAT THAT WHAT YOU GET NOW MAY NOT BE WHAT YOU WANT LATER.

THANK YOU FOR THAT FEEDBACK, SIR.

IS THERE ANY OTHER DISCUSSION PERTAINING TO THIS MOTION? NOT SEEING NONE. AND BEFORE CALLING THE QUESTION, I WILL JUST SHARE A LITTLE BIT ON MY PERSPECTIVE.

AND I'D JUST LIKE TO START OFF BY ECHOING THE REPRESENTATIVE FOR THE APPLICANT IN THE NEED TO RECOGNIZE THAT THE SHUNNING OF FOLKS THAT NEED AN AFFORDABLE PLACE TO LIVE IS HARMFUL TO SOCIETY AS A WHOLE, AND I THINK THAT EVERYBODY SHOULD JUST REFLECT ON THAT AND UNDERSTAND THAT.

AND WITH THAT BEING SAID, YOU KNOW, I DON'T I DON'T LOOK AT MY DECISIONS OR CONSIDERATIONS ON THIS BOARD OR IN ANY OF MY COMMUNITY ENDEAVORS.

FROM THE LENS OF MY BACKYARD, I LOOK AT IT OF MY COMMUNITY AS A WHOLE, MY CITY.

AND I AM, YOU KNOW, OBVIOUSLY I STAY WELL VERSED IN THE DEVELOPMENT AND THE AND THE OUTLAY OF THE CITY AND MORE NOTABLY, THE COMPREHENSIVE PLAN.

AND THERE IS A DIRE NEED FOR AFFORDABLE HOUSING, AND I WOULDN'T WANT ANYBODY THAT ENDED UP SUBSEQUENTLY IN SUCH A DEVELOPMENT TO, TO FEEL LESS THAN

[01:30:02]

I JUST DON'T BELIEVE THAT THE LOCATION FOR THAT OR ANY HOUSING OF THIS PARTICULAR DENSITY IS APPROPRIATE RIGHT HERE, RIGHT ON THAT PARTICULAR SQUARE IN OUR 88MI². I THINK THAT THIS PROJECT IS INNOVATIVE AND IT DOES DESERVE APPLAUD IN, IN MULTIPLE AREAS NOTABLY IN THE COLLABORATION WITH NEIGHBORS AND THE RIGHT AWAY, YOU KNOW, LOWERING OF HEIGHTS IN CERTAIN AREAS AND SO ON.

IT SHOWS AN AMICABILITY AND, YOU KNOW GOOD FAITH DEVELOPERS AND PEOPLE INVOLVED.

AND I DO THINK THAT THAT DESERVES TO BE APPLAUDED.

THAT SAID, LOCATION IS EVERYTHING.

AND THE LOCATION HERE IS JUST NOT RIGHT, IN MY PERSONAL OPINION AND IN OUR COMPREHENSIVE PLANS OPINION.

IT'S NOT RIGHT.

SO WITH THAT BEING SAID, I WILL REPEAT THE MOTION AND THEN I'LL CALL THE QUESTION.

AND WE HAVE A MOTION BY MR. BOEREMA, SECONDED BY MR. MCLEOD, TO RECOMMEND CASE NUMBER CP 20 3-00016 TO THE CITY COUNCIL FOR DENIAL.

ALL THOSE IN FAVOR? AYE. AYE AYE.

ANY OPPOSED? HIS MOTION PASSES UNANIMOUSLY.

THIS CASE IS RECOMMENDED FOR DENIAL OF THE CITY COUNCIL, WHICH WILL RENDER THE PROCEEDING.

TWO NEW BUSINESS CASES MOOT, IF I'M NOT MISTAKEN, BUT I'LL SEEK THE STAFF'S INPUT ON THAT.

YES, SIR, BUT I WOULD, AND I NOW SEEK THE ATTORNEY'S OPINION ON THAT.

ATTORNEY. THANK YOU.

MR. ATTORNEY. YEP.

DOES THAT RENDER OUR NEXT TWO CASES MOOT? NOT NECESSARILY.

BECAUSE THESE ARE THESE ARE YOUR YOU'RE RECOMMENDING BODY FORWARD.

SO ONE OF TWO OPTIONS HERE.

WE CAN PROCEED WITH THE OTHER TWO WHEN YOU CAN HAVE THE SUBSEQUENT RECOMMENDATIONS.

BECAUSE YOUR THESE ARE RECOMMEND YOUR RECOMMENDATORY.

THAT'S NOT THE RIGHT WORD BUT I DON'T LIKE YOU'RE AN ADVISORY BOARD TO THE CITY COUNCIL.

SO YOU MAY MOVE FORWARD.

THE ITEMS MAY MOVE FORWARD TO CITY COUNCIL WITH RECOMMENDATIONS OF DENIAL TO THE CITY COUNCIL MAY OVERTURN THE RECOMMENDATIONS AND MOVE FORWARD WITH A VOTE.

IF IF THE APPLICANTS WISH TO PROCEED TO RECEIVE RECOMMENDATIONS, HOW MAY GO I MEAN, AT THIS POINT IT YOU COULD YOU'RE TAKING TO YOUR PRELIMINARY AND FINAL DEVELOPMENT PLAN.

THEY'RE GOING TO GO TO CITY COUNCIL WITH RECOMMENDATION DENIAL.

IF YOU CAN BRING THOSE ALL THREE INTO TO CITY COUNCIL PREROGATIVE TO DO SO.

IF YOU WANT TO WITHDRAW THE DEVELOPMENT PLAN AND PROCEED FORWARD WITH THE THE LAND USE ENLARGEMENT TO CITY GENERAL, THAT'S ALSO YOUR PREROGATIVE.

BUT THE THE TWO ITEMS AFTER ARE NOT NECESSARILY MOOT BECAUSE YOU'RE NOT MY FINAL DECISION MAKING AUTHORITY ON THOSE TWO ITEMS. THEY'RE GOING TO GO TO COUNCIL FOR THAT THOROUGH EXPLANATION.

SO DOES THAT MEAN WE'RE LOOKING.

SORRY. NO, I WAS GOING TO ASK YOU THAT MEAN WE DEFER TO THE AND SEE IF THEY'D LIKE TO PROCEED FOLLOWING CASE? YES, WE'D LIKE TO WE WE PRESENTED THEM TOGETHER FOR FOR EASE OF PRESENTATION.

AND SO WE'RE NOT CONFUSING ALL OVER THE PLACE TO SPEED THINGS UP QUITE CANDIDLY.

BUT WE ARE LOOKING FOR A RECOMMENDATION ONE WAY OR THE OTHER ON THOSE TWO, BECAUSE OTHERWISE, IN A HYPOTHETICAL SCENARIO, AS THE CITY ATTORNEY REFERENCED THEORETICALLY, CITY COMMISSION, CITY COUNCIL COULD SAY, WE RECOMMEND WE APPROVE THE LAND USE PLAN AMENDMENT, AND THEN WE'D HAVE THIS WEIRD MOOT SITUATION WITH OUR DEVELOPMENT PLANS.

SO I THINK THEY ALL NEED TO TRAVEL, EVEN IF IT'S A RECOMMENDATION OF DENIAL PROCESS, PROCESS, PROCEDURES, PROCEDURE.

SO THAT BEING SAID, THANK YOU SIR.

AND THANK YOU AGAIN, MR. ATTORNEY. WE WILL MOVE ON TO CASE PD 20 3-00006 AND I'LL DEFER TO.

STAFF? YEP, ABSOLUTELY.

SO THIS IS A COMPANION CASE TO CP 23 000 16.

THE APPLICANT AGAIN IS VACATION FINANCE LLC, REPRESENTED BY DYNAMIC ENGINEERING CONSULTANTS.

THE SIZE IS 32.8 ACRES.

THIS THE APPLICANT IS REQUESTING A PRELIMINARY DEVELOPMENT PLAN FOR PROPOSED PUD TO ALLOW FOR MIXED USE DEVELOPMENT, CONTAINING 424 MULTIPLE FAMILY RESIDENTIAL UNITS AND 10.73 COMMERCIAL ACRES TO BE KNOWN AS MALABAR VILLAGE.

TO RECEIVE PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL, THE PROPOSAL MUST MEET THE REQUIREMENTS OF SECTION 185 .066 OF THE CITY OF PALM BAY CODE OF ORDINANCES.

UPON REVIEW, IT DOES APPEAR THAT THE REQUEST IS IN CONFORMANCE WITH THE APPLICABLE REQUIREMENTS OF THIS SECTION AND THEREFORE STAFF RECOMMENDS CASE PD 23 0006 FOR APPROVAL PENDING APPROVAL OF CP 23 000 16.

THANK YOU MA'AM.

IS THERE ANY QUESTIONS OF STAFF BEFORE WE HEAR FROM THE APPLICANT?

[01:35:01]

MR. CHAIR, I MEAN, I GUESS FOR THE JUST ECONOMY OF SCALE.

IF YOU'RE WILLING TO STIPULATE AT LEAST ALL THE FACTS THAT YOU PRESENTED REGARDING THE DEVELOPMENT PLANS IN THEIR PRESENTATION REGARDING THE COMPREHENSIVE PLAN.

YOU'RE FREE TO ADD ANYTHING THAT WASN'T PRESENTED, BUT YOU CAN JUST CARRY THOSE OVER SO THAT WE DON'T HAVE TO GO THROUGH ALL OF IT ALL OVER AGAIN AND REPEAT THE SAME THINGS.

THE RECORD WILL REFLECT THAT.

YOU CAN STIPULATE WHAT YOU STATED PRIOR, PRECISELY WHAT I WAS GOING TO SAY.

THANK YOU. THANK YOU SIR.

FOR THE RECORD, WE DID HAVE ONE LETTER IN THE FILE PERTAINING TO THIS CASE.

SO THAT WILL BRING THE FLOOR TO PUBLIC COMMENTS.

IS THERE ANYONE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION? MR. GONG? THANK YOU AGAIN, MR. CHAIRMAN. I'D JUST LIKE TO STAND ON MY PREVIOUS COMMENTS, BUT ALSO INCLUDE A COUPLE THINGS I COVERED IN MY EMAIL THAT I HADN'T SEEN ADDRESSED HERE.

ONE IS THE STRETCH OF MALABAR ROAD AND THE INCREASE IN TRAFFIC.

THE LACK OF SIGNALIZATION ADDING MORE SIGNALS OUT THERE ON A TWO LANE ROAD ISN'T GOING TO SOLVE ANYTHING.

IT'S JUST GOING TO BACK UP AND MAKE THE PROBLEM WORSE.

THE MAIN PROBLEM I HAVE WITH THIS IS THEY NEED A 360 FOOT TURN LANE FROM THE SMALL BRIDGE THERE BY THE ENTRANCE TO THE PARK AT 45 MILES AN HOUR DOT REQUIRES 360FT.

THEY CANNOT FIT THAT AS.

AS THEY PRESENTED THEIR CASE.

THEY CANNOT FIT THAT INTO.

THE PLANS.

SO THAT'S A THAT'S A DEFICIENCY.

AND AGAIN THEY'RE SURROUNDED BY SINGLE FAMILY MOSTLY ONE STORY HOMES.

I'VE LIVED THERE FOR 30 YEARS.

AND FOR THEM TO SAY THAT THERE'S NO HISTORICAL SIGNIFICANCE TO THIS PROPERTY USED TO BELONG TO HAROLD PLATT.

MY SON AND I HAD HUNTED ON THAT PROPERTY FOR YEARS.

SO THERE IS HISTORICAL SIGNIFICANCE THERE TO A LOT OF PEOPLE, AND WE'RE SEEING A LOT OF OUR HERITAGE GO AWAY.

THANK YOU. THANK YOU SIR.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK, SIR? BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

I JUST RECOMMEND YOU DISAPPROVE ON THIS STRICTLY BECAUSE OF THE FACT THAT IT'S COMPREHENSIVE.

PLAN CHANGE PREVIOUSLY WAS NOT PASSED.

SO THE DISAPPROVAL OF THIS ONE, THAT MEANS WE'RE APPROVING SOMETHING THAT'S NOT GOING INTO AN AREA THAT COULD BE THERE.

SO RECOMMEND DISAPPROVAL.

THANK YOU. THANK YOU SIR.

IS THERE ANYONE ELSE THAT WISHES TO SPEAK SIR.

ROBERT STILES, 1796 LYNBROOK DRIVE, SOUTHEAST.

IT WAS PRETTY PASSIONATE BEFORE ABOUT WHAT I WAS CHATTING ABOUT, BUT WE REALLY NEED TO TAKE A HARD LOOK AT INFRASTRUCTURE AND SAFETY.

YOU KNOW HOW THE WINDS WHIP AROUND HERE AND WE DON'T HAVE THE ABILITY? YOU MADE A GREAT POINT. WE DON'T HAVE THE ABILITY TO RESPOND.

FIREFIGHTERS. AND THEY LACK THE EQUIPMENT.

I THINK THEY LACK THE FOLKS AS WELL.

IT ONLY TAKES I DON'T KNOW, WHEN YOU LIVE AS LONG AS ME AND YOU'VE SEEN A LOT OF STUFF.

NOT, YOU KNOW, A LOT OF DISASTERS IN MY TIME, INCLUDING A HUGE FIRE IN COLORADO.

STUFF LIKE THIS WILL GO UP QUICKLY.

SO IT'S A SAFETY AND INFRASTRUCTURE ITEM.

NOT TO MENTION THE TRAFFIC AND AND BY THE WAY I WAS IN A RENT CONTROLLED APARTMENT, SO I'M NOT AGAINST THOSE KIND OF PEOPLE BECAUSE I AM THOSE KIND OF PEOPLE.

OKAY, BUT WHAT'S RIGHT FOR THE NEIGHBORHOOD? AND TO YOUR POINT YOU GOT TO LOOK AT THE WHOLE CITY.

AND WE NEVER SAID NOT ON NOT ON OUR BLOCK OR NOT IN OUR BACKYARD.

BUT DOES IT WORK FOR THE CITY? BECAUSE I THINK THE BIG DETERRENT HERE IS WE WANT TO PLUG ALL OF THIS IN, SIR, AND AND THAT WE'RE BEGGING FOR THE INFRASTRUCTURE TO, TO CATCH UP.

IT'S NOT THE WAY TO APPROACH IT.

THANK YOU. THANK YOU.

SIR. SIR.

DANIEL HOLMES.

321 ALLISON DRIVE.

I WANT TO SECOND EVERYTHING THAT I SAID ABOUT THE FIRST CASE.

I WOULD ALSO LIKE TO ADDRESS THE APPLICANT WHEN HE TALKED ABOUT OUR COMMUNITY AS TO, OH, WE'RE SORRY WE CAME INTO YOUR COMMUNITY AND DESTROYED YOUR GRASS, BUT DEAL WITH IT.

SO THAT'S SIGN NUMBER ONE, THAT HE'S NOT WILLING TO WORK WITH THE PEOPLE THAT LIVE OR IMPACTED BY THIS PARTICULAR PROJECT.

[01:40:08]

YES. WE HAD TO CALL THE POLICE TO HAVE IT ENFORCED.

YES, THEY DID PAY FOR IT.

ARE THE REPAIRS ADEQUATE? NOT EVEN A LITTLE BIT.

THE PEOPLE THAT LIVE IN LOW INCOME HOUSING ARE PEOPLE THAT LOOK LIKE MYSELF.

PEOPLE THAT LOOK LIKE OUR DOCTORS, OUR FIREMEN, OUR POLICE.

FOR HIM TO SAY THAT THOSE TYPE OF PEOPLE ARE NOT WELCOMED IN OUR NEIGHBORHOODS AND THAT WE ARE TRYING TO IMPLY THAT IS COMPLETELY AND UTTERLY DISRESPECTFUL TO THE PEOPLE THAT DO LIVE HERE AGAIN, TWICE NOT CARING ABOUT THE PEOPLE THAT LIVE HERE, JUST GOING TO PUT WORDS IN THEIR MOUTHS.

HE DOESN'T LIVE HERE.

HE'S NOT FROM HERE.

THEY DON'T CARE ABOUT US.

THEY CARE ABOUT THEIR POCKETS.

THEY CARE ABOUT GETTING PAID TO BUILD RESIDENTIAL, WHERE WE HAVE SO MANY RESIDENTIAL PLACES THAT ARE ALREADY BEING BUILT.

I APPRECIATE ALL OF YOUR GUYS'S RESPONSES.

AS FAR AS LOCATION, I THINK THE PROJECT IS A BEAUTIFUL LOOKING PROJECT.

LOCATION IS EVERYTHING.

WHEN YOU BUY A HOME, LOCATION IS EVERYTHING.

YOU CARE.

WHETHER THERE'S POWER LINES OVER YOUR HOUSE, YOU CARE IF THERE'S A TWO STORY OR THREE STORY APARTMENT BUILDING IN THE BACKYARD OF YOUR HOUSE, YOU CARE.

WE CARE. AGAIN.

MY HOUSE IS IN EVERY ONE OF THESE PHOTOS.

EVERY LAST ONE OF THESE PHOTOS.

MY HOUSE.

IS IN THE. AND I'VE ALREADY BEFORE ANYTHING BACK APPROVED OR DINNER THE AND I CAN SITUATIONS WITH THAT HAPPENED APPLICANT AROUND.

IN THEIR RIDE OF RESPECT FOR ADJACENT NEIGHBORHOODS.

THIS ONLY IMAGINE WHAT HAPPENS WHEN THEY START BREAKING THE.

THANK YOU. THANK YOU SIR.

ANYBODY ELSE WISH TO SPEAK, MA'AM? BRENDA SHREEK FROM MALABAR LAKES WEST.

AND I PUT IT FOR THE NEXT TWO, THIS ONE AND THE NEXT ONE.

BECAUSE THE GENTLEMAN REPRESENTING THE BUSINESS WHEN HE CAME UP HERE FIRST, HE SAID HE WAS SPEAKING FOR ALL THREE CLASSES AND TISSUES. AND SO I GUESS WE'LL COME TO ALL THREE TIMES, TOO, BECAUSE ANYTHING ABOUT THIS IS NOT GOOD.

IT DOESN'T FIT IN AS THE MAJORITY OF YOU AGREED WITH OR, YOU KNOW, IF YOU SAID, HERE ARE I'D SAY THE ASH, THE TRAFFIC, THEIR SUCCESS.

SO MEETING HER REASONS THE AMOUNT NOT TO DING ES I'VE MISS NONE OF US.

SHE'S A WORD ABATING NOT WANTING LOW IN THE PEOPLE.

MY AUNT IS A STEELWORKER.

SO THERE WAS A FACTORY WORK.

STONE WORK FOR YOUR GOT HIGH MITES SINCERELY.

BUT WE AND GO WE ALL WHO LIVE AND DEVELOPMENT WERE SAVED MONEY WE MAKE OUR PAYMENTS.

WE WANTED A BEAUTIFUL HOME.

YOU WERE IN BUFFALO NEW YORK TRAINING IN MULTI SOURCE.

SO IT'S NOT A HIGH LOW YOU KNOW WAS KNOWS ANY OF US.

SO HE SHOULD NOT HAVE GENERALIZED.

WE'RE STARTED.

WE'RE JUST SAYING WE DON'T NEED WAS LIKE MORE APARTMENTS BUT THEN LOW INCOME AND THEN COME WHATEVER IT IS LIKE THIS.

WE DON'T NEED IT BEING LIKE YOUR.

AND MR. MCLEOD, I UNDERSTAND WHAT YOU SAID ABOUT ASKING FOR ONE THING, AND YOU MIGHT GET SOMETHING WORSE IN RETURN.

I'LL BE BACK TO ARGUE ABOUT BUSINESSES THERE, TOO.

THAT THEY SHOULDN'T BE TWO STORY.

THAT WHATEVER GOES IN THAT AREA NEEDS TO ALIGN THEMSELVES WITH THE NEIGHBORHOODS AROUND THEM.

WE ARE PEOPLE.

WE ARE FAMILIES.

WE HAVE CHILDREN.

WE HAVE GRANDPARENTS.

WE HAVE THERE'S MULTI AGES.

SO PLEASE KEEP THAT IN YOUR CONSIDERATION AS HE GETS UP AND ARGUES EACH TERM.

THANK YOU. THANK YOU MA'AM.

ANYBODY ELSE WISH TO SPEAK.

OF HIS RIGHT. SEEING NONE.

THE APPLICANT WOULD LIKE TO RECEIVE ANY COMMENTS.

FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS, AND THE CASE IS BROUGHT BACK TO THE BOARD FOR BOARD DISCUSSION.

BOARD MEMBERS, AFTER HEARING ALL OF THE EVIDENCE, ARE THERE ANY FURTHER QUESTIONS OR EMOTION? COULD I MAKE A COMMENT, MR. CHAIRMAN, PLEASE, SIR? YOU OR THE AUDIENCE JUST MENTIONED THAT.

COMMERCIAL SERVICE WOULD HAVE TO ABIDE BY WHATEVER THE NEIGHBORS DID.

[01:45:04]

THEY DON'T HAVE TO COME BACK HERE.

THEY CAN BUILD WHATEVER THEY WANT WITHIN REASON, OF COURSE.

SO IT'S OUT OF OUR HANDS.

ALREADY ZONED HERE.

THANK YOU. THANK YOU, MR. BOEREMA. IS THERE ANY OTHER DISCUSSION OR FEEDBACK OR EMOTION? MOTION FOR DENIAL.

PD 20 3-0006.

SECOND. OKAY, SO I HAVE A MOTION BY MR. BOEREMA, SECONDED BY MRS. JORDAN. AND THAT IS TO RECOMMEND CASE PD 20 3-000062 CITY COUNCIL FOR DENIAL.

IS THERE ANY OTHER FURTHER DISCUSSION PERTAINING TO THIS MOTION? I'M SEEING NONE. I'LL JUST BRIEFLY MENTION THAT THIS PARTICULAR CASE IS FOR THE PRELIMINARY DEVELOPMENT PLAN.

PUD FOR A MIXED USE DEVELOPMENT AND VIEWING THE FACTS AS THEY ARE AND VIEWING THE COMPREHENSIVE PLAN AS IT AS IT IS, I VIEW THIS TO BE INCOMPATIBLE.

SO I WILL SUPPORT THAT MOTION MYSELF.

BUT I WILL CALL THAT QUESTION ALL THOSE IN FAVOR I OPPOSED.

PASSES UNANIMOUSLY.

THAT BRINGS US TO CASE FD 20 3-00009.

AND I WILL DEFER TO MISS HIGLEY.

ALL RIGHT. AGAIN, THIS IS THE SECOND COMPANION CASE TO CP 23 000 16.

APPLICANT'S VACATION FINANCE, LLC, REPRESENTED BY DYNAMIC ENGINEERING CONSULTANTS.

AND USE IS COMMERCIAL. THE ZONING IS COMMUNITY, COMMERCIAL AND SIZE APPROXIMATELY 32.8 ACRES.

THE REQUEST TONIGHT IS FOR FINAL DEVELOPMENT PLAN FOR PROPOSED PUD TO ALLOW FOR MIXED USE DEVELOPMENT, CONTAINING 424 MULTIPLE FAMILY UNITS AND 10.73 COMMERCIAL ACRES.

THIS UP BE KNOWN AS MALABAR TO ENLARGE THAT PENDING THE FIND THIS LAND USE THAT I CAN'T ALLOW FOR THE DEVELOPMENT OF A MULTI FAMILY TO BE FOR COMPLEX WITH A PROPOSAL.

SO CITY OF TO DO THIS UNITS PER ACRE.

IF I RECEIVE A FINAL YOU KNOW, UNIT DEVELOPMENT APPEAL, EVEN THE PROPOSAL, I'LL STILL MEET THE REQUIREMENTS OF SELF IN 185 .067 CITY OF PALM BAY'S CODE ONE ORDINANCES. AS YOU.

IT APPEARS THE REQUEST IS IN CONFORMANCE.

PROVIDE WITH THE APPLICABLE EVEN TO THE SECTION SEVEN OVER HERE TO STAY TO HELP YOU AND SEND THIS ALL OF THE.

MY ONLY STUDY IS THE STAFF RECOMMENDS D 23.90009 APPROVAL PENDING APPROVAL OF CP 23 FUTURE ZERO ZERO 16. THANK YOU VERY MUCH, MA'AM.

IS THERE ANY QUESTIONS FROM THE BOARD OF OF ESCAPE? YES, BRIEFLY.

IS IT MR. WARNER, THE ONE QUESTION I DID HAVE, THIS ANALYSIS IS THERE BY THE FDP, 668 MULTIFAMILY RESIDENTIAL UNITS VERSUS THE FOUR TO TRAVEL FOR WAS THAT THIS IS IS A TYPO IN WHICH I'VE ALREADY WAS WORKED OUT FOR THE ASSISTANCE.

ALL RIGHT. GREAT. I ANY FURTHER.

ALL RIGHT. THAT SAID, WILL THE APPLICANT PLEASE PRESENT THEIR CASE? MATTHEW SCOTT FOR THE RECORD, AGAIN, JUST WANT TO DO WHAT WE DID IN THE PRELIMINARY, WHICH IS ADOPT OUR PRESENTATION FROM BEFORE.

NOTHING ELSE TO ADD. THANK YOU.

THANK YOU SIR. FOR THE RECORD, WE DID HAVE ONE LETTER IN THE FILE FOR THIS CASE.

FLOOR IS NOW OPEN FOR PUBLIC COMMENTS.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION TO THIS REQUEST, SIR? JUST OUT OF CURIOSITY ABOUT THE SIGNALING.

WHAT THE. WELL, WE'LL LET YOU HAVE YOUR COMMENTS HERE IN A SECOND.

YEP. YOU'LL BE NEXT SIR.

GO AHEAD SIR. THANK YOU.

JUST AS A MATTER OF THE OFFICIAL RECORD, I WANT MY PREVIOUS COMMENTS TO STAND FOR CASE F D 20 3-00009.

THANK YOU. NOTED.

THANK YOU SIR. SIR, IF YOU'D LIKE TO COME SHARE YOUR FEEDBACK ON THIS PARTICULAR CASE.

REGARDLESS OF WHAT'S GOING TO GO IN THERE.

I STILL HAVE THE ISSUE WITH THE TRAFFIC.

IT'S, YOU KNOW, WHAT WE LOOK AT IS GOING TO BE IT'S GOING TO BE WHAT IT'S GOING TO BE.

WE ALREADY KNOW THAT WHETHER WE LIKE IT OR NOT, WHOEVER THE TRAFFIC THING IS STILL GOING TO BE IN QUESTION AS TO WHATEVER'S GOING TO BE THERE, WHETHER IT'S GOING TO BE A BUSINESS, WHETHER IT'S GOING TO BE RESIDENTIAL, ARE THEY GOING TO GET ANOTHER LIGHT? IS IT GOING TO BE ANOTHER LIGHT WITHIN THIS SMALL AREA? I MEAN, I DON'T KNOW THE DENSITY, RIGHT? YOU KNOW THE EXACT AMOUNT.

BUT I MEAN, IT'S LITERALLY WE'LL PUT OUR ENTRANCEWAY IN BETWEEN TWO STOPLIGHTS.

AND HOW CAN THAT BE RECTIFIED? I MEAN, EVERYTHING ELSE ASIDE, HOW CAN THAT BE, YOU KNOW, NORMAL TO BE RIGHT BETWEEN TWO LIGHTS?

[01:50:06]

YOU CAN'T GO EITHER DIRECTION.

SO IF ONE STOPS AND THE OTHER STOPS IN EITHER DIRECTION, WHERE DO WE GO? AND ANYTHING ANY INPUT.

CAN YOU GUYS GIVE ME ANY INPUT SINCE YOU'RE DOING IT.

SO JUST DIRECT ALL YOUR FEEDBACK TOWARDS US.

IT'LL ALL BE PART OF THE RECORD I APOLOGIZE.

NO, YOU'RE PERFECTLY FINE. I JUST LIKE I SAID, I JUST WANT TO KNOW IF ANYONE CAN ANSWER THAT FOR ME, GIVE ME ANY INPUT AT ALL.

JUST JUST, YOU KNOW, GIVE ME PEACE OF MIND.

THAT'S WHAT'S GOING TO HAPPEN.

I'D LIKE TO BE ABLE TO GET OUT.

IT'S KIND OF IMPORTANT.

SO PLEASE. THANK YOU, SIR.

ANYBODY ELSE WISH TO SPEAK? MR. BAD. THE.

BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I RECOMMEND YOU VOTE DENIAL ON THIS ONE BECAUSE YOU RECOMMENDED A DENIAL ON THE PRELIMINARY.

WHY WOULD YOU RECOMMEND AN APPROVAL FOR A FINAL DEVELOPMENT WHEN YOU NEVER RECOGNIZE WHEN YOU NEVER APPROVED A PRELIMINARY? THANK YOU. ANYBODY ELSE WISH TO SPEAK, SIR? ROBERT.

STUDIES, 1796 WEINBERG DRIVE SOUTHEAST AGAIN.

WOULD YOU USE MY FIRST AND SECOND COMMENTS WITH RELATING TO THIS? CURRENT PD 23 PD 23 QUAD ZERO SIX INFRASTRUCTURE IS NOT RIGHT.

TIMING IS NOT RIGHT.

LOCATION IS NOT RIGHT.

AND THANK YOU FOR YOUR VOTE.

THANK YOU, SIR. ANYBODY ELSE? YES. SPEAK, MAC.

MY. AS THE GENTLEMAN SAID, I WOULD LIKE TO SEE MY EARLIER COMMENTS TO GO TOWARD THIS CASE ALSO.

I ALREADY FILLED OUT THE NUMBER FORM.

AND AS FAR AS THE LIGHTS GO, IF IF THIS DOES GET APPROVED AS IT IS COMMERCIAL ALREADY, WHICH I FOUGHT AGAINST THAT WAY BACK WHEN. BUT IF THIS DOES GET APPROVED, CAN YOU PLEASE ASK THEM TO PUT THE LIGHT AT THE OTHER END? SO AT LEAST WE RESIDENTS OF MALABAR LAKES WEST CAN GET OUT AND GET IN THE LINE FOR THE LIGHT BECAUSE AS IT STANDS RIGHT NOW, WHERE THEY'RE LOOKING TO PUT THIS LIGHT, AS SCOTT SAID, THERE'S NO WAY WE JUST MIGHT AS WELL NOT LEAVE OUR DEVELOPMENT EVER.

THANK YOU. THANK YOU FOR YOUR FEEDBACK, MA'AM.

SEEING NO OTHER'S FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS AND THE CASE.

OH. EXCUSE ME, WOULD THE APPLICANT LIKE A CHANCE TO RESPOND TO THE COMMENTS? NO. SO, THAT BEING SAID, THE FLOOR IS NOW CLOSED FOR PUBLIC COMMENTS AND THE CASE IS BROUGHT BACK TO THE BOARD FOR DISCUSSION.

BOARD MEMBERS, AFTER HEARING ALL THE EVIDENCE, ARE THERE ANY FURTHER QUESTIONS OR EMOTION, MR. CHAIRMAN? YES, SIR.

COMMENT AS FAR AS MALABAR ROAD, STOP AND GO LIGHTS WIDENING THE ROAD.

THAT'S COUNTY ROAD.

HAS ANYBODY BEEN TO A COUNTY MEETING TO COMPLAIN? THEY SORT OF CONTROL MALABAR ROAD.

SO WHEN WHEN THEY PRESENT I DON'T KNOW THE PARTICULARS.

ALL I KNOW IS THEY CONTROL IT SO WELL.

THEY DO CONTROL IT IN THAT LIGHT AS WELL.

YEAH. THEY THEY'RE THE ONES THAT ARE GOING TO PUT EVERYTHING IN.

IN ALONG WITH PALM BAY, BUT THEY'RE STILL GOING TO MAKE THE FINAL DECISIONS.

DID NOT KNOW THAT. SO THAT WOULD BE WHERE TO GO.

YOU GUYS ARE KIND OF IN BREVARD COUNTY ANYWAY, SO THAT WOULD BE WHERE TO GO.

THANK YOU. THANK YOU FOR THE FEEDBACK.

MR. BOEREMA. IS THERE ANY OTHER DISCUSSION OR EMOTION PERTAINING TO THIS CASE? MOTION TO DENY THE SEAT.

FPD IS IT OR WHAT WAS THAT? ITEM NUMBER 3300009.

FB OKAY FB 23.

DASH 000099.

TO BE DENIED.

A MOTION. DO I HEAR A SECOND? SECOND. OKAY.

SO WE HAVE A MOTION BY MR. BOEREMA. SECONDED BY MR. MCLEOD TO RECOMMEND OR REFER FOR DENIAL.

CASE NUMBER FD 23 00009.

RECOMMEND THAT FOR DENIAL TO CITY COUNCIL.

IS IS THERE ANY FURTHER DISCUSSION PERTAINING TO THAT MOTION? SEEING NONE. I'LL JUMP IN BRIEFLY.

AND JUST SHARE MY PERSONAL, PERSONAL KNOWLEDGE AND INTERPRETATION OF THE FACTS THAT'S LEADING TO INFLUENCE MY DECISION PERTAINING TO THIS PARTICULAR CASE WHICH IS FOR A

[01:55:06]

BUT MOREOVER, DUE TO MY KNOWLEDGE OF THE TRAFFIC SITUATION IN THIS PARTICULAR AREA AND JUST THE OVERALL IMPACT THAT THAT IS HAVING ON OUR COMMUNITY, AND NOT TO PINPOINT ON TRAFFIC IN PARTICULAR, BUT JUST THE MOVEMENT OF PEOPLE.

I DON'T BELIEVE THAT 424 MULTIFAMILY UNITS COULD FIT IN THIS.

AND THE REASON THAT I FEEL THAT WAY IS BECAUSE THE STUDIES THAT HAVE BEEN PUBLISHED BY THE ENGINEERS, WHICH ARE JOINT FUNDED, BUT I'LL POINT OUT OUR THE PALM BAY PALM BAY PROBLEM UP UNTIL THE POINT OF THE SOLUTION HAPPENING.

AND THEN WE HAVE TO RELY ON THE COUNTY BECAUSE THE COUNTY HAS MALABAR ROAD WEST OF THE CANAL.

SO THE CANAL IS JUST OUTSIDE OF THIS THE FRAME WEST OF THAT TO THE HIGH SCHOOL AND BEYOND.

THAT'S ALL THE COUNTY. BUT WE HAVE TO WORK COLLABORATIVELY.

SO THE ENGINEERS PRESENT TO US A PLAN AND A COST ESTIMATE OF $154 MILLION.

NOW, JUST TO USE THE 150 MILLION, AROUND THAT 4 MILLION OFF THAT'S WHAT OUR ROAD BOND PROGRAM WAS TO HOPEFULLY, I SAY HOPEFULLY REPAVE ALL OF THE ROADS IN THE ENTIRE CITY.

THAT'S NOT GOING TO HAPPEN.

FOR THE 150 MILLION THAT THE VOTERS VOTED ON.

SO WE'RE IN A DEFICIT THERE, AND THEN WE NEED TO COME UP WITH ANOTHER 150 MILLION TO MOVE ALL THE TRAFFIC THAT WE ALREADY HAVE.

SO IN THAT INSTANCE, I'M UNABLE TO SUPPORT THIS PARTICULAR CASE.

SO WITH THAT BEING SAID, I'LL CALL THE QUESTION.

ALL THOSE IN FAVOR OF THIS MOTION, I.

AYE. ANY OPPOSED? THIS MOTION PASSES UNANIMOUSLY.

SO THAT BRINGS US TO OTHER BUSINESS.

[OTHER BUSINESS]

SORRY, SIR. THIS.

STAFF, I.

HI. I'M SORRY, I WAS LOOKING FOR IT ON THE ON THE POWERPOINT.

YES. SO IN FRONT OF YOU THIS EVENING IS THE PROPOSED AMENDMENT TO THE PLANNING AND ZONING BOARD BYLAWS.

PERIODICALLY IT IS REQUESTED AND IT IS PART OF OUR OUR POLICY TO GO THROUGH ALL OF THE DIFFERENT BOARDS AND COMMISSIONERS BYLAWS TO JUST MAKE SURE THAT THEY'RE STILL APPLICABLE.

IN A LOT OF INSTANCES, THIS WAS MOST OF THESE SUGGESTIONS CAME FROM OUR LEGISLATIVE BODY AND OF COURSE, LEGAL TO MAKE SURE THAT WE'RE IN LINE WITH ALL OF THE OTHER COMMISSIONS AND BOARDS.

SO WITH THAT, I'LL TAKE WHATEVER QUESTIONS OR MR..

RODRIGUEZ. QUESTIONS FROM THE BOARD.

HE MIGHT LIKE TO JUMP RIGHT IN.

AND I MEAN, I'LL TALK ABOUT THE IDEA THAT THESE CHANNELS WHERE THEY DO FIX UP THAT WORDING AND THINK, THOUGHT FINALLY CHANGE OUR MEETINGS.

EASYPAY PROPOSED TIME LIMITS WERE SO IN ORDER TO, YOU KNOW, BE FULLY TRANSPARENT WITH OUR PUBLIC, CAN WE DISPLAY OR READ OFF THE TIME LIMITS? THAT WOULD BE THAT WOULD BE IMPOSED BECAUSE THE WAY THAT THE THINGS ARE WRITTEN IN THE MEMORANDUMS AND REFERS TO THE ORDINANCE, THE SECOND THAT I DIDN'T ACTUALLY SEE A COPY OF THE ORDINANCE TO BE DISPLAYED.

SO I JUST WHAT IS THE IN THE LIKE, TALK ABOUT WHAT, WHERE AND THE LIMITS THAT WILL APPROVES AND I UPON BODY ELSE I DO NOT HAVE THAT AUDREY'S IN FRONT OF ME EITHER.

MR. ATTORNEY OR MISS POWELL, DO YOU HAVE A COPY OF IT? IT'S TYPICALLY 3 MINUTES TO 5 MINUTES, BUT I COULDN'T VERBALIZE IT.

YEAH, I DON'T I DON'T HAVE A COPY, BUT THE CLERK AND I ARE BOTH DISCUSSING IT.

USUALLY IT'S TRADITIONALLY THREE MINUTES.

ALL RIGHT. THAT'S A REASONABLE AMOUNT OF TIME IN MANY JURISDICTIONS.

DO FOLLOW THREE MINUTES AS A GUIDELINE FOR TIME FOR THE PUBLIC TO SPEAK OR TO PROVIDE COMMENTS.

FOR CLARIFICATION SAKE, IS THE JUST BECAUSE I HAVE MULTIPLE DOCUMENTS IN FRONT OF ME, IS IT 50 108 THAT WE'RE LOOKING AT? I'M SORRY, SIR. 50 108 SO OUR ITEM HERE REFERS TO AN ORDINANCE OR A SECTION OF ORDINANCE THAT ESTABLISHES THE CITY COUNCIL'S TIME LIMITS.

WHAT IS THAT ORDINANCE THAT IT REFERS TO? 2021 DASH 25.

SECTION ONE.

SECTION ONE. YES, SIR.

OKAY. AND WE CAN LOOK THAT UP FOR YOU AND GET YOU, GET YOU A COPY.

AND I DO APOLOGIZE THAT IT WASN'T PUT IN THIS PACKAGE.

YOU SAID 2021 DASH 25.

THAT'S CORRECT. YES.

YES. THAT'S THAT IS SECTION 51.08 OF THE CITY CODE.

SO THE PUBLIC COMMENT IS THREE MINUTES PER PERSON.

OKAY. THANK YOU VERY MUCH.

[02:00:02]

THAT BEING SAID, I PERSONALLY REACHED OUT TO THE CLERK'S OFFICE TO ASK WHAT THE ORDINANCE WAS, AND I HAVE A COPY OF IT, AND I HAVE A COPY OF SECTION 50 1-0.08.

AND IF YOU'LL ENTERTAIN ME, I WOULD LIKE TO READ IT OUT SO THAT WE FULLY UNDERSTAND WHAT WE'RE ESTABLISHING IN THIS HEARING FOR OUR MEETINGS MOVING FORWARD.

SO I APPRECIATE YOU GUYS, PUBLIC HEARINGS INVOLVING ITEMS BEING PASSED BY THE CITY COUNCIL.

YEAH. IT'S WHAT ESTABLISHES THE PURSUANT TO 15 TITLE.

SO WE'RE GONNA LAND DEVELOPMENT CODE FOR FOLLOWING LIMITS SHALL BE APPLICABLE.

THE APPLICANTS PRESENTATION IS GOING TO BE LACKED THAT 30 MINUTES.

THEN ADD THE STAFF'S AD FORMATION WOULD HAVE IN 30 OF 30 MINUTES.

SO AN AGGRIEVED OR ANY AFFECTED PARTY WILL KNOW THAT TO I'M NOT BUT TEXTURE.

I'M JUST GOING TO READ THE AND THE WORDS ALL EVENTS PACK YOUR COMMENT.

IT'S ALLEN'S REBUTTAL TEN IS A US.

SO I'M JUST READING THAT OUT LOUD SO THAT THAT'S WHAT WE VOTE ON AND WE'RE COMPLETELY IN THE TRANSPARENT.

AS LONG AS YOU GUYS ARE ALL GOOD WITH THAT.

I WOULD LIKE TO ADD THE TEXTURE TO ASK THE ATTORNEY IF SOMEONE WOULD NEED TO PRE ESTABLISH THEMSELVES AS AN AGGRIEVED PARTY, SUCH AS IN CITY COUNCIL PROCEEDINGS FOR HOURS.

I THINK YOU WOULD HAVE TO ME.

IT WOULD DEPEND. I THINK THEIR PRESENTATION, I THINK THEY WOULD HAVE TO EITHER THIS BOARD COULD ASK IF THE PARTY COMING FORWARD OR IF THEY SUBMIT THEIR REQUEST TO SPEAK AS, AS AN AGGRIEVED PARTY.

ME AT THIS POINT, THOUGH, IT'S.

TRYING TO TRYING TO THINK OF EXAMPLES OF WHERE YOU MIGHT HAVE SUCH.

HERE WITHOUT GOING INTO THE LEGAL RAMIFICATIONS OF WHAT AN AGGRIEVED PARTY IS FOR PURPOSES OF STANDING.

I DON'T THINK THIS IS A PURVIEW, REALLY, THAT I MEAN, I DON'T WANT TO SAY BECAUSE YOU CAN NEVER SAY NEVER, BUT I DON'T THINK IT'S SOMETHING THAT YOU LIKELY HAVE TO WORRY ABOUT.

WELL, I THANK YOU FOR THAT FEEDBACK, SIR, AND I'LL SHARE WITH MY FELLOW BOARD MEMBERS AND THEN WELCOME ANY DISCUSSION THAT I DON'T FEEL COMFORTABLE VOTING ON THE ITEM IN THE AFFIRMATIVE, AS IT'S WORDED RIGHT NOW, BECAUSE I FEEL IN THIS PARTICULAR INSTANCE THAT IT'S TOO BROAD.

I THINK IF WE'RE GOING TO ESTABLISH OUR TIME LIMITS, WE SHOULD HAVE A HEALTHY CONVERSATION AND DEBATE ABOUT WHAT OUR TIME LIMITS ARE GOING TO BE, AND WE SHOULD ESTABLISH THOSE AND ONLY THOSE.

I FEEL AS THOUGH IF WE ADD EXTRA WORDS THAT ARE LATER UP FOR INTERPRETATION, THEN THEY'LL THEY'LL BE INTERPRETED LATER.

BUT I LIKE TO VOTE ON THINGS THAT ARE WRITTEN DOWN, BLACK AND WHITE.

EVERYTHING'S KNOWN.

AND I FEEL THAT THERE'S SOME AMBIGUITY THAT I JUST CAN'T MOVE PAST HERE.

SO THAT'S WHERE I'M AT.

IF ANYBODY ELSE WOULD LIKE TO ADD TO THE DISCUSSION.

MR. CHAIR, MR. MCLEOD. WOULD THE AMBIGUITY THAT YOU SPEAK OF BE CLARIFIED IF THE CHAIR WAS PERMITTED TO EXTEND THE TIME FOR AN AGGRIEVED PARTY? WELL, IT'S ACTUALLY THE OPPOSITE.

SO YOU GOT TO TALKING THE MIC.

BUT ANYWAYS, IT'S THE OPPOSITE.

MR. MCLEOD ASKED IF IF, YOU KNOW, IF THE CHAIR HAD THE AUTHORITY TO EXTEND THE TIME FOR AN AGGRIEVED PARTY.

WELL, ACTUALLY, AN AGGRIEVED PARTY IS ENTITLED TO 30 MINUTES AND A PUBLIC COMMENT IS ENTITLED TO THREE MINUTES.

I AS THE CHAIR AND I WOULDN'T WANT TO SET ANY CHAIR UP.

I ALWAYS THINK ABOUT THE INSTITUTION WOULD NEVER WANT TO PUT UPON THE CHAIR THE JUDICIAL RESPONSIBILITY OF ON THE FLY, DECIDING WHO'S AGGRIEVED AND WHO'S NOT.

AND THEN TAKING THE TIME LIMIT OF WHO'S JUST CONSIDERED A MEMBER OF THE PUBLIC FROM THREE MINUTES TO ADJUDICATING AND DECIDING YOU'RE AN AGGRIEVED PARTY, YOU GET 30 MINUTES.

I DON'T THINK THAT DECISION SHOULD BE MADE IT AT OUR LEVEL.

I UNDERSTAND THAT AT THE CITY COUNCIL LEVEL, IT'S ESTABLISHED AHEAD OF TIME THROUGH THE ATTORNEY'S OFFICE.

YOU'RE AN AGGRIEVED PARTY.

YOU'RE GOING TO GET 30 MINUTES AND THAT'S THE ONLY WAY YOU'RE GOING TO GET 30 MINUTES.

SO I THINK TO MY INTERPRETATION OF THE ATTORNEY'S FEEDBACK IT'S A LITTLE STICKY AND MAYBE EVEN OVERKILL TO HAVE IT WRITTEN OUT IN OUR CODE.

I DON'T DISAGREE WITH THAT.

BUT AS A MEMBER OF THE PUBLIC, IF I WERE TO COME TO THIS PROCEEDING AND I FELT PARTICULARLY AGGRIEVED, I WOULD STAND ON THAT PODIUM.

AND I WOULD ARGUE FOR 30 MINUTES THAT I'M ENTITLED TO 30 MINUTES, AND THEN I'D SPEAK FOR 30 MINUTES.

BECAUSE THAT'D BE MY RIGHT IF THIS WERE TO GO THROUGH AS SO AND AGAIN, THIS IS ALL MY INTERPRETATION.

NO. ERGO, I UNDERSTAND YOUR POINT.

YEAH. AND THAT WAS MY WAY OF HAVING YOU EXPLAIN IT.

YEAH. OF COURSE, OF COURSE.

I APPRECIATE THAT, SIR. THANK YOU.

ANY. YES, MA'AM.

WOULD IT BE AGREEABLE IF YOU MIGHT? I'M SORRY. YOU'RE GOOD. WOULD IT BE MORE AGREEABLE IF WE JUST FOLLOWED WHAT IS ESTABLISHED BY THE CITY COUNCIL? AND WE ADOPT WHAT THEY ARE DOING, AND THEN ANY AGGRIEVED PARTY WOULD HAVE TO APPLY BEFOREHAND AND GO THROUGH THE ATTORNEY AND THEY

[02:05:04]

MY TAKE. ON WHAT? THE ATTORNEY. I'LL ASK HIM TO JUMP IN.

BUT MY INTERPRETATION IS AT OUR LEVEL, WE'RE NOT IDENTIFYING GRIEVANCES.

YOU KNOW, WE KNOW PROCEDURALLY, USUALLY THE PUBLIC.

WELL, IF I MAY PLEASE.

OUR CODE DEFINES ALSO AGGRIEVED ADVERSELY AFFECTED PARTY IS ACTUALLY DEFINED IN FLORIDA STATUTES.

AND IT'S REALLY WHEN IT COMES DOWN TO THAT IS IT'S A STANDARD WHEN FOR STANDING TO A CASE TO COURT TO EITHER TO ENFORCE A COMPREHENSIVE PLAN OR TO CHALLENGE A COMPREHENSIVE PLAN.

I MEAN, THE LEGAL DEFINITION IS ANY PERSON OR LOCAL GOVERNMENT THAT WILL SUFFER AN ADVERSE EFFECT TO AN INTEREST PROTECTED OR FURTHERED BY THE LOCAL GOVERNMENT COMPREHENSIVE PLAN, INCLUDING INTERESTS RELATED TO HEALTH AND SAFETY, POLICE AND FIRE PROTECTION SERVICE SYSTEMS, DENSITIES OR INTENSITIES OF DEVELOPMENT, TRANSPORTATION FACILITIES, HEALTH CARE FACILITIES, EQUIPMENT OR SERVICES, AND ENVIRONMENTAL AND NATURAL RESOURCES.

THE ALLEGED ADVERSE INTEREST MAY BE SHARED IN COMMON WITH OTHER MEMBERS OF THE COMMUNITY AT LARGE, BUT MUST EXCEED IN DEGREE THE GENERAL INTEREST IN COMMUNITY GOOD SHARED BY ALL PERSONS. THE TERM INCLUDES THE OWNER, DEVELOPER OR APPLICANT FOR A DEVELOPMENT ORDER.

SO I MEAN, IN THEORY, IF YOU'RE LOOKING AT LET'S LET'S TALK IN HYPOTHETICALS, SOMEONE'S COMING IN FOR THE, THE THE APPLICATION WE HAD FOR THE LAND USE AMENDMENT.

WE KIND OF PICK THE UNDER THE DEFINITION, A NEIGHBORING PARCEL, IF THEY CAN SHOW THAT THEY ARE AFFECTED IN SUCH A WAY AND THAT IT'S AN INTEREST THAT EXCEEDS IN DEGREE THE GENERAL INTEREST, THEN THEY WOULD CONSTITUTE PROBABLY GONNA ADVERSELY AFFECTED.

I'D AND THEY CAN THEY I LEFT CHALLENGE IT TO A DEGREE HIGHER THAN MUCH THE GENERAL PUBLIC IN REGARD TO HOW THAT THE ACTION OR PROPOSED ACTION BY THE LOCAL GOVERNMENT WILL HAVE AN ADVERSE EFFECT ON THEIR PROPERTY.

BUT THAT'S SOMETHING THAT I THINK THEY'RE GOING TO HAVE TO SUBMIT, OR THEY'RE COME IN AND STATE BEFORE THIS THE BODY.

AND BECAUSE IT'S ALREADY BEEN ADOPTED AS THE CITY COUNCIL, IT'S GOING TO COME BEFORE THEM.

WHAT'S GOING TO DIFFER, DIFFERENTIATE THEM FROM JUST A GENERAL MEMBER LAST, MAKING A PUBLIC COMMENT? JUST IN PAST ELECTIONS I'VE WORKED, WE DO HAVE A DISTINCTION BETWEEN MEMBERS OF THE GENERAL PUBLIC AND ADVERSELY AFFECTED PERSONS.

AND BASICALLY IT WAS EVERYBODY UP TO COMMENT.

IF YOU WEREN'T THE YOU GOT THREE MINUTES BACK.

FOR PALM BAY, THE CODE DIFFERENTIATES THAT.

BUT IT WOULD HAVE TO BE SOMEONE WHO MUST SHOW SHOW THIS BODY THAT THEY MEET THE STATUTORY DEFINITION, BOTH FROM FLORIDA STATUTES, WHICH IS IN 163, 32, 15 TWO, AS WELL AS OUR CODE, SECTION 5903 THAT THEY THEY MEET THE CRITERIA OF BEING AN ADVERSE A AGGRIEVED OR ADVERSELY AFFECTED PARTY, WHICH WOULD ENTITLE THEM TO 27 MORE MINUTES OF SPEAKING TIME.

THANK YOU SIR. MRS JORDAN IS THAT ADD TEXTURE? NO BECAUSE IT DOESN'T DETERMINE WHO MAKES IT DECISION.

IS IT THIS BOARD? IS IT THE CHAIR OR IS IT THE ATTORNEY PRIOR TO THE MEETING? AND IT DOESN'T. IT DOESN'T SAY WHETHER WE ARE THE APPROPRIATE FORUM TO ACCEPT AN AGGRIEVED PARTY.

RIGHT. THREE MINUTES.

OKAY. SO MAYBE THAT FOR CLARIFICATIONS ACCORDING TO TO THE CODE.

IF YOU ARE AN AN AGGRIEVED OR ADVERSELY AFFECTED PERSON A, YOU HAVE TO PROVIDE THE CLERK WITH WRITTEN NOTICE.

THAT YOU ARE SUCH AND THEN THAT WILL THEN THEREFORE BE IN THE RECORD.

SO THE DETERMINATION AT THAT POINT THAT WILL.

THE ANNOUNCEMENT AND NOTICE THE BORDER WILL BE PUT ON NOTICE OF AN ADVERSELY AFFECTED PERSON.

THERE'S NO NEED FOR THIS BOARD TO MAKE A DETERMINATION OF SUCH.

ANY FINAL DETERMINATION OF WHETHER A PERSON HAS PROPER STANDING OR NOT IS TO BE DETERMINED BY THE COURTS, AND NOT NECESSARILY BY THIS BOARD OR BY THE CITY COUNCIL.

OKAY. TO RESTATE FOR UNDERSTANDING, SIR, THERE WILL BE A SCREENING PROCESS OF SORT IN THE CLERK ENDORSING THIS PERSON'S STANCE AS AN AGGRIEVED PARTY.

AHEAD OF THE MEETING. THE PERSON HAS TO DECLARE THEMSELVES AS SUCH AND THEREFORE QUALIFY TO SPEAK AS THE ADVERSELY AGGRIEVED OR ADVERSELY AFFECTED PARTY.

THANK YOU. OKAY.

AND MR. CHAIR AND MR. WARREN, AND WE WILL CONTINUE TO LIMIT THAT TO JUST ONE INDIVIDUAL OR IS THAT TO AS MANY AS WANT THAT, THAT WOULD LIKE TO, TO SPEAK AT THAT TIME IF THEY'RE AGGRIEVED.

ARE THERE ANY LIMITATIONS TO THAT.

LET ME. THERE ARE NO LIMITATIONS.

[02:10:03]

OTHER EXAMPLES. AN EXAMPLE COULD BE ONLY JUST BRINGING MY OWN EXPERIENCE FROM PRIVATE PRACTICE.

I REPRESENTED A NEIGHBOR'S PROPERTY OWNERS WHO ARE AFFECTED DIRECTLY AFFECTED BY A LAND USE AMENDMENT BACK DOWN SOUTH FLORIDA.

AS THEIR ATTORNEY AT THE TIME I BECAME, I WAS THEIR REPRESENTATIVE AND I WAS GRANTED BY THE CITY THAT THE CITY HAD JUST UNLIMITED TIME.

I WAS GIVEN THE AMOUNT OF TIME THAT THE APPLICANT HAD TO PRESENT HERE IF THEY IF THAT PERSON COMES UP AND PROVIDES.

I'M COUNSEL FOR THESE FOLKS.

THESE FOLKS ARE ADVERSELY OR ARE AGGRIEVED OR ADVERSELY AFFECTED PARTIES.

THEN THE BOARD AND BOTH THE CITY COUNCIL DO YOU THINK WILL BE PUT ON NOTICE, HOW ARE THEY QUALIFY UNDER SUCH GOOD FOR THE TO RECEIVE ADDITIONAL TIME? THE ONLY THE ONLY THE QUESTION WE HAVE IS THAT THIS PARTY IS GETTING ADDITIONAL TIME.

THEY'RE NOT NECESSARILY BEING GRANTED ANY ADDITIONAL RIGHTS.

BUT BECAUSE THE NATURE OF THE EFFECT OF THE APPLICATION AFFECTS THEM TO A GREATER DEGREE THAN THE PUBLIC IN GENERAL, AND THEY HAVE TO PROVIDE THAT NOTICE.

THAT'S WHAT GRANTS THEM THE ADDITIONAL TIME TO TO MAKE THAT PRESENTATION.

OR AT LEAST THAT'S WHAT THE CITY CODE HAS ALREADY GRANTED THAT THAT THAT PARTY OF SUCH.

SO IT'S ALREADY IN THE IT'S ALREADY IN THE CITY CODE MOVING FORWARD IF WE WANT TO HAVE EQUAL TIME TIME LIMITS FOR, FOR THESE PARTIES BECAUSE THEY'RE GRANTED BY, THEY'RE GRANTED AS SUCH BY THE CITY CODE FOR THIS BEFORE THE CITY COUNCIL.

SO IT WOULD, IT WOULD LET THAT THEY WOULD BE TIME IS FOR THOSE SAME PRIVILEGES.

AND THEN BEFORE THIS BODY ESPECIALLY IS THIS FOR LIKE RATINGS LIKE THE COMPREHENSIVE PLAN AMENDMENTS WHERE THE WHERE THIS BODY IS PROVIDING A RECOMMENDATION.

THEY SHOULD HAVE THE ABILITY TO TO MAKE THAT PRESENTATION TO THIS BODY AS THEY DO BEFORE THE CITY, I THINK.

OKAY. THANK YOU. ANY FIRM THAT CITIZENS.

JUST THE CLARIFICATION.

COUNCIL AM I TO UNDERSTAND THAT WITH RESPECT TO THE CHAIR'S QUESTION, WE WOULD NEVER GET AN AGGRIEVED PARTY UNLESS THEY NOTIFIED THE CITY OF SUCH? CORRECT. THEY HAVE TO NOTIFY THE CITY AS SUCH AND IF THEY DO, THEY GET 30 MINUTES.

THAT IS MY UNDERSTANDING.

CONFIRMED BY THE CLERK UPON CONFIRMATION FROM THE.

CONFIRMED BY THE CLERK.

SO ONE ADDITIONAL QUESTION.

AND THAT IS IF THERE'S BEEN REQUESTS IN THE PAST FOR A GROUP OF NEIGHBORS, USE THE TERM HOA GENERICALLY FOR AN HOA TO CHOOSE A REPRESENTATIVE, OR CHOOSE A COUPLE REPRESENTATIVES AND GET 10 MINUTES OR 15 MINUTES OR WHAT HAVE YOU, AND THEN THEY PRESENT AS OPPOSED TO THEIR 90 PLUS MEMBERS ALL TAKING THEIR THEIR CODIFIED RIGHT TO THREE MINUTES APIECE.

DOES CODIFYING OUR REGULATIONS LIKE THIS MAKE IT SO THAT WE'RE NOT QUITE IN OUR AUTHORITY TO GRANT THAT? AND THEREFORE THE THE ONLY WAY TO CONGLOMERATE TIME WOULD BE TO ESTABLISH AN AGGRIEVED PARTY.

NOW THAT'S YOU'RE YOU'RE SPEAKING TO TWO DIFFERENT, TWO DIFFERENT MATTERS.

I MEAN, IS IF THE HOA IS THE AGGRIEVED PARTY AND THEY FILE THE REQUISITE NOTICE WITH THE CITY IN REGARDS TO THE ITEM, THEN THEY RECEIVE THAT ITEM THAT IF WE HAVE A GROUP OF MEMBERS I MEAN, YOU'RE THE CHAIR YOU RUN THIS MEETING.

AND IF IF WE, IF WE HAPPEN TO HAVE A, A FAIRLY CONTENTIOUS MEETING WITH MANY FOLKS, AND IT'S YOUR IT'S THIS BOARD'S CONCERN THAT YOU'RE GOING TO HAVE PERHAPS 30 FOLKS SAYING THE SAME EXACT THING.

FOR THE SAKE OF, OF EXPEDIENCY, THE CHAIR CAN CAN DIRECT.

FOLKS PLEASE DESIGNATE YOURSELF A REPRESENTATIVE FROM THE GROUP.

THAT'S GOING TO SPEAK FOR THE GROUP AND THEREFORE PROCEED FORWARD INSTEAD OF IN ORDER TO AVOID IF NOT, WHICH YOU COULD HAVE IS YOU COULD HAVE 30 FOLKS EACH HAVING 30 MINUTES. IF THEY HAVEN'T, IF THEY HAVE NOT PROVIDED THE REQUISITE NOTICE TO THAT THEY ARE ADVERSELY AFFECTED PARTIES, THEN THEY GET THREE MINUTES AS A MEMBER OF THE PUBLIC.

AND WHETHER IT'S TWO FOLKS, WHETHER IT'S 30 FOLKS.

BUT AGAIN, AS CHAIR, IT COULD BE YOUR PREROGATIVE IF YOU WISH TO YOU KNOW, FOR THE SAKE OF EXPEDIENCY, YOU CAN DIRECT THE PUBLIC IF YOU'RE ALL FROM THE SAME NEIGHBORHOOD AND YOU'RE ALL HERE TO SPEAK FEEL FREE TO DESIGNATE ONE REPRESENTATIVE WHO WILL COME UP AND SPEAK ON YOUR BEHALF IN ORDER SO THAT WE DON'T HEAR THE SAME COMMENTS. COURTS HAVE UPHELD THAT AS PROPER CONDUCT ON THE PART OF BOARDS IN ORDER FOR THERE TO BASICALLY CONTROL THE CONDUCT AND DECORUM OF A PUBLIC MEETING

[02:15:03]

WELL, THANK YOU FOR THAT INSIGHT, SIR.

SO ALL OF THIS SAID, IS THERE ANY FURTHER DISCUSSION OR A MOTION? OH EXCUSE ME.

WE HAVE MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON THIS ITEM, AND IT'S THEIR RIGHT.

SO I'LL READ IT BACKWARDS.

AND MR. BATTEN, GO AHEAD, KICK US OFF.

BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

FIRST, I KIND OF QUESTION WHY WE'RE DOING THIS BECAUSE CURRENTLY ON THE BACK OF OUR FORMS THAT WE HAVE TO SIGN, SPEAKERS ARE LIMITED TO THREE MINUTES, RIGHT? THAT'S THE FIRST THING THAT'S ALREADY THERE.

SO WHY ARE WE GOING THROUGH THIS CHANGE? I UNDERSTAND WHAT WE'RE UPDATING ALL OF OUR ORDINANCES.

I UNDERSTAND THAT THE SECOND ITEM, THOUGH IS WHEN YOU LOOK AT YOUR AGENDA PACKET, IT GIVES THE GUIDELINES FOR WHERE THE AGGRIEVED PROCESS IS GOING TO BE.

IT'S RIGHT THERE IN INFORMS PEOPLE HOW, WHY, WHEN AND WHERE.

RIGHT. BUT WITH THAT WE'RE.

BILL BATTEN THIS IS FOR ME.

I HAVE THOUGHT I WAS THE AGGRIEVED PERSON AND FOUND OUT I WAS NOT BECAUSE OF A SIMPLE THING THAT SAYS ADJOINING PROPERTY, THAT ONE LITTLE MICRO OF AN INCH MADE THE DIFFERENCE BETWEEN BEING THE AGGRIEVED AND THE NON AGGRIEVED INDIVIDUAL.

THAT'S WHY I HAVE CONFLICT WITH THIS ONE.

THE OTHER SIDE IS WHEN YOU GET THE AGENDA PACKET FOR YOUR PLANNING AND ZONING BOARD MEETING, UNLESS YOU'RE WITHIN A 500 FOOT RADIUS AND IT'S GOING TO BE A COMPREHENSIVE CHANGE WHERE THERE'S A NOTICE SENT OUT, THAT'S THE ONLY WAY YOU MIGHT KNOW ABOUT IT.

BUT YET WHEN YOU HAVE TO LOOK AT THESE THIS CAME OUT ON THURSDAY OF LAST WEEK.

I THINK THAT'S WHEN THE AGENDA WAS ACTUALLY PRESENTED.

LOOK TO SEE WHEN YOU HAVE TO FILE FOR YOUR GRIEF.

IF YOU WANT TO BE THE AGGRIEVED INDIVIDUAL, YOU HAVE TO FILE IT FIVE DAYS PRIOR TO THE CITY CLERK TO BE CHECKED IN ORDER TO QUALIFY TO BE THE AGGRIEVED INDIVIDUAL.

SO IT'S KIND OF LIKE I'M GOING TO HAMSTRING YOU RIGHT NOW TO NOT BE THE AGGRIEVED UNLESS YOU HAPPEN TO BE ONE OF THE IN THE KNOW THAT'S ACTIVELY IN THE PROCESS.

SO I KNOW BECAUSE I HAVE LIVED THIS, I SAID, TELL ME WHY I AM NOT THE AGGRIEVED.

AND THEN I HAD TO GO WITH THAT, BUT I DID NOT ADJOIN THE PROPERTY.

THAT'S WHERE THE CONFLICT AROSE.

SO I CAN SEE SOME THINGS THAT ARE NEGATIVE WITH THIS.

I UNDERSTAND THE PROCESS OF HOW WE'RE GETTING THERE.

BUT WHEN YOUR GUIDELINES ARE RIGHT ON THE AGENDA RIGHT HERE, AND IT'S ALSO ON THE BACK OF YOUR FORMS THAT YOU FILL IN.

WHY ARE WE GOING THROUGH THE HASSLE OF CHANGING IT? THAT'S GOING TO MAKE IT GUIDELINE THAT SAYS YOU WILL FOLLOW 20.

WHAT IS IT, 20, 21, 35 SECTION FIVE ORDINANCE THAT WAS PASSED AND ALL THAT DID WAS THEY GOT TIRED OF PEOPLE SPEAKING MORE THAN THREE MINUTES.

THAT'S MY OPINION.

I SEE THE INDIVIDUALS ARE BEING THE ONES THAT ARE HINDERED UPON HERE, NOT THE APPLICANTS.

THANK YOU VERY MUCH.

THANK YOU SIR.

ROBERTS. 1996 SOUTHEAST FIRST PLACE.

I JUST WANT TO MAKE SURE I'M. YEAH.

NO, THIS IS MY QUESTION THING WITH MR. ATTORNEY OVER US.

IT WAS WE'VE BEEN FIGHTING SITUATION WITH THE GOLF FOR TWO YEARS NOW, AND WE HAD AT THE LAST ZONING MEETING THAT WE HAD OVER AT BAYSIDE LAKES THEATER.

WE HAD A 422 FOR 50 PEOPLE THERE.

AND I WAS PART IT'S JUST FOR ABOUT 7 OR 8 BIGGER PEOPLE THAT TALK SPECIFICALLY TO ABOUT A SPECIFIC LOT.

IS THAT DIFFERENT THAN THE OTHER APPLICANTS? SO IN THAT PARTICULAR CASE, WHICH IS PROBABLY GOING TO HAPPEN AS MORE HOUSING IS, IS IS BEING PROPOSED IN THAT PARTICULAR AREA.

WE HAVE ONE PERSON TALK ABOUT WITH ME, IT WAS QUALITY, QUALITY OF LIFE.

OTHER PEOPLE WAS EPA, THE OTHER PERSON WAS WATER AND WHAT HAVE YOU.

SO THERE WAS A LOT OF COMPONENTS INTO WHAT'S HAPPENING.

AND WE'RE ALL WITHIN 500FT.

OKAY. WE ALL RECEIVE THIS LETTER.

I JUST WANT TO MAKE SURE WE CONTINUE TO DO THAT BECAUSE THAT'S THAT'S THE TEAM WE HAVE AND THAT'S WHAT WE'RE GOING TO DO.

CAN YOU RESPOND TO THAT, SIR? AND THE ISSUE OF, I MEAN, WE'RE WE'RE STILL WE'RE KIND OF GOING ON THE ISSUE OF AGGRIEVED OR ADVERSELY AFFECTED PERSONS, WHICH IS ONE STATUTORILY DEFINED IN OUR CODE, DEFINES IT.

I PULLED UP 5903, WHICH IS UNDER OUR CHAPTER REGARDING QUASI JUDICIAL PROCEEDINGS.

I THINK THE INTENT OF THIS SECTION WAS THAT IF YOU ARE RAISED TO THE LEVEL OF WHAT WOULD FALL UNDER WHAT YOU'RE DEFINED AS A AGGRIEVED OR ADVERSELY AFFECTED PERSON, AND YOU WISH TO SUBMIT YOURSELF AS SUCH, YOU BECOME A PARTY TO THE QUASI JUDICIAL HEARING.

[02:20:03]

THOSE ARE LEGISLATIVE HEARINGS.

SO YOU WOULD NOT NECESSARILY APPLY.

AS WELL AS ANY CHALLENGES TO COMPREHENSIVE PLAN AMENDMENTS AREN'T NECESSARILY DONE BY ANYONE.

IT'S IT BECOMES A IT'S A DIFFERENT CREATURE.

BUT BUT THE THE CODE REALLY LIMITS THE SCOPE TO QUASI JUDICIAL, WHICH MEANS YOU'RE GOING TO BE A PARTY.

AND AS A PARTY, THAT'S THE 30 MINUTES.

IN THEORY, WHEN THIS BOARD AND WHEN THE CITY COUNCIL SITS AS A QUASI JUDICIAL BODY, THEY ACT AND THEY SIT AS IF THEY WERE A JUDGE, AND THEY HAVE TO TAKE IN FACTS AND APPLY THE LAW, AND THEIR DECISION HAS TO BE BASED ON EVIDENCE, SUBSTANTIAL, COMPETENT EVIDENCE TO SUPPORT THEIR CONCLUSIONS.

THAT OPENS A PERSON WHO'S AN AGGRIEVED OR ADVERSELY AFFECTED PERSON TO HAVE THE RIGHT TO BRING THEIR OWN WITNESSES TO PRESENT THEIR OWN CASE, PRESENT THEIR OWN EVIDENCE.

IT ALSO OPENS THE DOOR FOR FOLKS WHO COME IN TO BE SUBJECT TO CROSS EXAMINATION BY AN APPLICANT, BY THE BOARD, BY THE OR BY THE CITY AS WELL. SO THAT'S THAT'S THE LEVEL.

SO IF YOU MEET THE CRITERIA AND YOU SUBMIT THAT NOTICE TO THE CITY, THEN YOU ARE GOING TO BE A PARTY TO THE QUASI JUDICIAL HEARING BEFORE THIS BOARD, BEFORE THE CITY COUNCIL.

AND THAT'S A DISTINCTION. AND THAT'S WHAT GIVES THE AD AT THE TIME, AS OPPOSED TO BEING A MEMBER OF THE PUBLIC GENERALLY DISCUSSING ISSUES THAT YOU ARE FOR THE BETTER OF THE CITY.

THEY GET THREE MINUTES.

A PARTY IS IT'S ALMOST AS IF YOU'RE AN INTERVENOR, KIND OF PICTURED AS YOU BECOME A PARTY IN THE LAWSUIT.

YOU HAVE PLAINTIFFS, YOU HAVE DEFENDANTS, YOU HAVE INTERVENORS.

YOU ALMOST RAISE TO THAT LEVEL AS YOU HAVE A SPECIFIC INTEREST, SPECIAL INTEREST IN THE CASE, AND THEREFORE YOU BECOME A PARTY TO THE CASE.

AND THAT'S WHERE I BELIEVE THE 30 MINUTES COME IN, BECAUSE YOU'RE NOW A PART PARTY TO THIS QUASI JUDICIAL HEARING IN WHICH YOU'RE ENTITLED TO BRING IN YOUR TO SUBMIT THE EVIDENCE TO BE TO CROSS EXAMINE TO, TO BE TO BE ABLE TO CROSS EXAMINE WITNESSES, TO CROSS EXAMINE STAFF, QUESTION STAFF BUT ALSO BE SUBJECT TO CROSS EXAMINATION AS WELL.

SO BUT IT'S GOING TO COME DOWN TO DO YOU MEET, DO YOU MEET THAT THRESHOLD OF BEING SOMEONE WHO USUALLY WHEN YOU HAVE STANDING LIKE THAT, IF YOU'RE GOING TO COME IN, IT'S SOMEONE WHO DOES NOT HAS SPECIAL DAMAGES THAT ARE GREATER IN DEGREE TO THAT OF THE GENERAL PUBLIC.

YEAH. IN ORDER TO REACH THAT STATE, THAT STATUS, I'M NOT GOING TO I'M NOT GOING TO BE ABLE TO I'M NOT GOING TO SPEAK ON THE SPECIFICS OF YOUR MATTER.

I'M JUST GIVING YOU THAT'S THE LEGAL THREAT THAT IS AT LEAST OUR CODIFIED THRESHOLD THAT HAS TO BE MET.

AND YOU SUBMIT IT TO THE CLERK IN ORDER TO BE TO, TO BE THAT CLASSIFICATION OF PARTY FOR A MATTER.

I UNDERSTAND THAT.

I THINK WE'RE NOT CLEAR ON IF WE COME HERE AND WE PUT WE BEING THE RED SHIRTS.

I'LL CLEAR IT WITH THAT.

WE PUT 150 PEOPLE ON HERE, AND WE HAVE SEVEN PEOPLE WHO ARE GOING TO TALK ABOUT THE THE FORMER MAJORS.

AND WE ALL HAVE A DIFFERENT SUBJECT.

RATHER THAN HAVING ONE SPOKESPERSON THAT'S PREVIOUSLY STATED CHAIR'S DISCRETION, EACH MEETING, WHAT MAKES THE MOST SENSE FOR THE BOARD WILL BE EXECUTED.

THAT'S WHAT WE ESTABLISHED.

THANK YOU SIR. ALL RIGHT.

ANYBODY ELSE WISH TO SPEAK? OKAY. SEEING NONE.

BOARD. IS THERE A MOTION IN REFERENCE TO THIS BUSINESS ITEM? IS IT? WELL, I GUESS THE QUESTION IS ANYTHING THAT NEEDS TO BE INTO.

AND I NEED TO BE WRITTEN AND PUT INTO WRITING FOR US TO.

IS THERE ANY SENSE TO BE PUT INTO RIGHT LIFE RIGHT NOW THAT WE NEED IN CHARLOTTE THROUGH THE.

CAN WE JUST VOTE ON THIS? NOT YOUR TICKET.

IT'S TO ENTIRELY UP TO YOU.

YOU KNOW, YOU CAN JUST VIVE AND LINE THE PROPOSED ALONG WITH.

AND THERE'S A RIGHT YOU'RE VOTING ON YOUR YOUR YOUR BYLAWS.

IT'S YOUR DEFINING DOCUMENTS.

IT'S NOT AS IT ISN'T. THIS ISN'T A FOOD.

IT'S THESE ARE YOUR GOVERNING.

THESE ARE YOUR RULES, BASICALLY YOUR RULES OF PROCEDURE FOR THIS FOR THIS BOARD.

AND WHAT DO YOU INCLUDES THE LANGUAGE THAT INCLUDING IS ALREADY CERTIFIED, I THINK ORDINANCE THAT I UTILIZED BY THE CITY COUNCIL AND BY THE OTHER ORGANIZATIONS IN THE CITY. SO IT'S BY AGREE WEEKS THESE BYLAWS YOU'RE ALSO BRINGING TO THAT ORDINANCE.

IT'S YOUR QUESTION, BUT ENOUGH YOU CAN JUST MAKE IT TO AGREE SEE APPROVE THE USED BY OTHERS TO BE IN ACCORDANCE WITH WHAT IS BEING PRESENTED. ALL RIGHT.

I JUST WANT TO GET CLARITY AS TO WHERE WE'RE AT.

ABSOLUTELY. MOTION TO APPROVE THE PROPOSED AMENDMENTS TO THE PLANNING AND ZONING BOARD BYLAWS.

SECOND. THIRD.

[02:25:02]

WE DIDN'T WRITE. DOES THIS GO TO SELL OR TO SELL? NO. DOES IT? OKAY, I GUESS IT DOES GO TO CITY COUNCIL NOT TO RECOMMEND FOR APPROVAL.

THESE PARTICULAR CHANGES TO OUR BYLAWS, PLANNING AND ZONING BOARD BYLAWS.

ANY FURTHER DISCUSSION? SO I'LL CALL THAT QUESTION.

ALL THOSE IN FAVOR? AYE. OPPOSED? NAY. PASSES 5 TO 1.

THAT BRINGS US TO OUR SECOND OTHER BUSINESS ITEM, WHICH IS A PRESENTATION BY OUR GROWTH MANAGEMENT DEPARTMENT.

NOW I'LL TRY TO GET MYSELF UP THERE.

THIS EVENING I REALLY WANTED TO TAKE SOME OPPORTUNITY, BECAUSE THERE'S A FEW DAY CASES TO INTRODUCE INTO OUR GROWTH MANAGEMENT DEPARTMENT AND TO SHOW WHO NOT ONLY WHAT I DO, BUT HOW I SERVE YOU AND HOW IT HELP THE COMMUNITY.

SO. SO BAND ON THE SIDES.

JUST THE INDIVIDUALS.

YOU SEE THIS GUY, OF COURSE, YOU KNOW THE THREE JEFFERSON, OUR DIRECTOR.

I'M A LAND FRAZIER, THE DIRECTOR DOING.

AND THEN WE HAVE TOPIC.

OH GOSH, I'M SO, SO UNDER TANYA, OF COURSE.

EXACTLY. FOR YEARS.

AND IT'S OUR SENIOR YEAR PLANNER.

I'M SORRY TO HAGER.

HAGLER IS OUR SENIOR PLANNER.

WE HAVE TWO STARTING ON MONDAY.

WE'RE EXCITED ABOUT THAT.

AND THEN OUR GROWTH MANAGEMENT DEPARTMENT CONSISTS OF 24 PEOPLE.

YEAH, TEN OF THOSE ARE THE CODE ENFORCEMENT OR DESIGN.

SO WE'RE GOING TO GO THROUGH VERY BRIEFLY TO WHAT WE DO FOR THE COMMUNITY AND FOR ALL OF YOU.

SO WE ALL WORK TOGETHER, THE GROWTH MANAGER THAT SORT OF YOU PROMOTE INTEGRATIVE WITH EVERY SCHOOL DIVISION AND DEPARTMENT IN THE CITY.

WE ALL WORK TOGETHER FOR THE COMMUNITY.

THE BLUE BALLS, IF YOU WILL, OR THE BLUE CIRCLES REALLY ARE THE INDIVIDUALS THAT MOST OFTEN ARE PARTICIPANTS IN OUR TECHNICAL REVIEW COMMITTEES AND OUR OUR REVIEW COMMITTEES FOR THE TEAM.

THESE ARE THE INDIVIDUALS THAT WILL BE GIVING THEIR FEEDBACK.

HE IS, IN REGARD TO EVERY SINGLE PROPOSED APPLICATION TO MAKE IT A HEARING RANGE.

SO WE UTILIZE THEM TO LEGAL ISSUE.

THESE ARE THE INDIVIDUALS AND WHAT MAINLY WAS THE STATE IN THE REVIEW.

BUT THAT DOESN'T GIVE YOU EVERY SINGLE SOUND DEPARTMENT ISN'T WORKING TYPICALLY.

AND INTERACTING TOGETHER WITH THE BEST PLAN WORK TO PRESENT TO YOU TO YOU.

THIS IS A NICE LITTLE, LITTLE GRAPHIC OF WHAT I BELIEVE OUR DEPARTMENT IS BUILT OF.

CODE ENFORCEMENT IS OUR ONE OF OUR ARMS, IF YOU WILL, OF GROWTH MANAGEMENT.

AND THEY OF COURSE ARE THE LEADERS IN OUR COMMUNITY AS FAR AS PROVIDING EDUCATION TO OUR LAND DEVELOPMENT CODE AND TRYING TO ASSIST THE COMMUNITY IN THE COMPLIANCE WITH OUR LAND DEVELOPMENT CODE.

THEY ALSO LEAD THE SPECIAL MAGISTRATE AGENDAS AND NOTIFICATION OF THE HEARINGS AND INTERACTION WITH ANY ENFORCEMENT ISSUES.

THEY ALSO PARTICIPATE IN ALMOST EVERY SINGLE COMMUNITY SPECIAL EVENT.

THEY ARE REALLY ACTIVE IN OUR COMMUNITY AND OUR WE'RE VERY PROUD OF THIS DEPARTMENT, THIS DIVISION.

I SHOULD SAY THE OTHER PORTION OF OUR WORK IS PERMITTING WE DO MOST ALL OF THE RESIDENTIAL PERMITTING FOR THE BUILDING DEPARTMENT AND INTERACT VERY CLOSELY WITH THE BUILDING DEPARTMENTS.

IMS WE PROVIDE ZONING EDUCATION.

WE ARE THE FRONT COUNTER, CUSTOMER SERVICE INDIVIDUALS THAT WILL MEET AND GREET AND ASSIST ANYONE COMING INTO OUR DEPARTMENT.

WE ALSO HAVE OUR ZONING ARM, IF YOU WILL.

SITE WORK PERMITS AFTER SITE PLANS AND HAVE BEEN APPROVED PUDS.

THEY GO TO GO TO CONSTRUCTION.

WE HAVE A COMPLETE SITE WORK PERMIT MEETINGS AND OPERATIONS AND APPROVALS.

AND THAT AGAIN BRINGS EVERYBODY FROM THE OTHER DIVISIONS AND DEPARTMENTS IN OUR CITY TOGETHER TO MAKE SURE THAT THE KICKOFF FOR THE CONSTRUCTION IS WELL RECEIVED AND GOES SMOOTHLY.

WE THE ZONING ARM TAKES CARE OF THE UPDATES TO OUR LAND DEVELOPMENT CODE, OF WHICH YOU ALL KNOW.

WE ARE FULLY IN THE THROES OF THAT.

[02:30:02]

THE PLANNING ARM IS MORE OF THE LONG RANGE PLANNING, THE BIG PLANNING, THE COMPREHENSIVE PLANNING DEVELOPMENT ORDERS, THE FINAL DEVELOPMENT ORDERS, MASTER PLANS AND PROGRAMS, AND ALSO INTER-DEPARTMENTAL EDUCATION AND COORDINATION.

SO WE PROVIDE ALL OF THIS SO THAT WE CAN COME BEFORE YOU, THE BOARD, AND PROVIDE YOU WITH THE MOST TECHNICAL INFORMATION THAT WE CAN, SO YOU CAN MAKE THE MOST EDUCATED DECISIONS REGARDING THIS COMMUNITY.

IT IS NOT JUST THROWING DARTS AT A BOARD.

WE ARE WORKING TOGETHER TO SUPPORT YOU AND SUPPORT THE COMMUNITY.

THESE ARE GENERALLY YOUR RESPONSIBILITIES THAT COME BEFORE YOU FOR PUBLIC HEARINGS AND, YOU KNOW, LARGE SCALE, SMALL SCALE FUTURE LAND USE AMENDMENTS, COMPREHENSIVE PLAN, TEXTUAL AMENDMENTS, REZONING VARIANCES, CONDITIONAL USES.

YOU'RE ALL FAMILIAR WITH THIS. OF COURSE.

TONIGHT WAS PLANNED UNIT DEVELOPMENTS AND PRELIMINARY DEVELOPMENT PLANS.

AND THEN, OF COURSE, FINAL DEVELOPMENT PLANS AND PRELIMINARY PLANS.

WE HAVE SUMMARIZED FOR YOU A QUICK LITTLE GENERAL TIMELINE FOR YOUR SUBMITTALS.

I'LL QUICKLY WALK THROUGH IT, BUT WHEN AN APPLICANT SUBMITS AN APPLICATION THROUGH OUR IMS, OUR ONLINE PORTAL, WITHIN FIVE DAYS, WE WILL.

WE'RE ALWAYS QUICKER THAN FIVE DAYS, BUT WE WILL MAKE SURE THAT IT IS COMPLETE AND NOTIFY THE APPLICANT WHETHER IT'S COMPLETE.

AND ALSO THEY HAVE TO PAY THEIR, THEIR FEES AND WITHIN THAT FIVE DAYS, IF IT'S COMPLETE, THEY'VE PAID THEIR FEES, THEN WE MOVE ON AND DISTRIBUTE IT TO ALL OF OUR DEVELOPMENT REVIEW COMMITTEES, OUR TECHNICAL REVIEW COMMITTEES.

WE THEN HAVE ALL OF THESE INDIVIDUALS.

IT'S NOT JUST US PLANNERS, IT'S THE ENGINEERS AGAIN, UTILITIES, TRAFFIC.

THEY HAVE 30 DAYS TO REVIEW THESE APPLICATIONS AND SEND OUT COMMENTS.

AND THIS IS STANDARD OPERATING PROCEDURES THROUGHOUT THE STATE.

THE APPLICANT THEN RECEIVES THOSE COMMENTS.

THEY BRING THEM BACK TO US IN WHATEVER TIME FRAME THEY'D LIKE.

A LOT OF TIMES IT CAN BE 6 TO 8 MONTHS AND THEN WE GET COMMENTS BACK AGAIN.

WE'LL GO THROUGH ANOTHER ROUND BY THE THIRD ROUND, IF WE HAVEN'T COMPLETED A MEETING OF THE MINDS, IF YOU WILL, THEN WE WE HAVE A MEETING.

WE'LL CALL A MEETING SO THAT WE CAN ALL SIT DOWN AGAIN.

THE DEVELOPMENT REVIEW COMMITTEE WITH THE APPLICANT SIT DOWN AND STATE, YOU KNOW, SO WHAT'S WHAT'S THE HICCUP AND HOW CAN WE RESOLVE THIS SO WE CAN MOVE THIS FORWARD.

AND GENERALLY THAT'S THAT'S ALL IT TAKES.

WE CAN ALL YOU KNOW, THERE'S MAYBE A MISCOMMUNICATION OR MISUNDERSTANDING OR MISSING PIECE OF INFORMATION THAT THEN IS PROVIDED AND WE CAN MOVE FORWARD.

THAT IS ALSO PART OF THE FLORIDA STATUTES THAT YOU ALL APPROVED EARLIER THIS YEAR.

THEN WE BRING IT TO YOU ALL, AND I WANT IT TO CLEARLY STATE WITH TO YOU ABOUT OUR PUBLIC NOTICING PROCESS, YOU KNOW, 15 DAYS BEFORE OR I SHOULD SAY, I'M SORRY.

YEAH, IT'S 14 DAYS, 15 DAYS BEFORE WE BRING ANYTHING TO YOU, IT HAS TO BE NOTICED IN THE NEWSPAPER.

AND, OF COURSE, THEY NEED A FEW DAYS BEFORE THAT.

AND ALL OF OUR LETTERS NEED TO GO OUT TO THE 500 SURROUNDING OR SURROUNDING PROPERTY OWNERS WITHIN 500 FOOT RADIUS.

SO WE, THE STAFF, NEED TO MAKE SURE THAT EVERYTHING IS COMPLETE AT LEAST SIX WEEKS TO TWO MONTHS BEFORE THE MEETING.

THAT MEANS ALL COMMENTS ARE ANSWERED.

THE WHOLE APPLICATION IS READY TO GO SO THAT WE CAN PREPARE OUR STAFF REPORTS AND WE CAN GET IT ON THE AGENDA TO YOU ALL.

SO THERE'S QUITE A PROCESS, THERE'S QUITE A LEAD TIME.

I JUST WANTED TO MAKE SURE THAT YOU ARE ALL AWARE OF THAT.

AND OF COURSE, IF IT'S AN ORDINANCE FROM YOUR RECOMMENDATION, WE BRING IT TO THE COUNCIL AND ORDINANCES NEED TO READINGS.

A LOT OF TIMES THESE ARE JUST RESOLUTIONS OR JUST APPROVALS OF PLATS.

SO IT ALL VARIES.

BUT I WANTED TO MAKE SURE THAT YOU, YOU'RE AWARE OF THIS TIMELINE AND THAT YOU HAD A COPY OF IT IN YOUR PACKET.

YOU KNOW, WE ALSO GO THROUGH ADMINISTRATIVE APPROVALS.

THERE ARE A LOT OF APPROVALS THAT DO NOT RISE TO THE OCCASION OF NEEDING A PUBLIC HEARING.

SOME ARE VARIANCES.

WE HAVE A LOT OF ADMINISTRATIVE VARIANCES, SITE PLANS, SITE WORK PERMITS, RESIDENTIAL PERMITS AND SUBDIVISION CONSTRUCTION PLANS.

OUR INITIATIVES FOR 2024 ARE THE LAND DEVELOPMENT LAND DEVELOPMENT CODE UPDATE, OF WHICH WE ARE STRIVING TO GET THAT DONE BEFORE OCTOBER 1ST, BEFORE THE END OF THIS YEAR.

WE'VE WAITED LONG ENOUGH AND WE ARE DEDICATING A LOT OF MANPOWER TO GET THIS DONE FOR Y'ALL.

WE WANT TO MAKE OUR SITE PLAN GUIDEBOOK, WHICH IS NOW AN ARCHAIC 40 PAGE PIECE OF PAPER, INTO A MORE WEB BASED SITE PLAN GUIDEBOOK,

[02:35:02]

AND WE WANT TO INCREASE OUR INTERAGENCY COLLABORATION FROM THE GROWTH MANAGEMENT DEPARTMENT OUT TO THE DIFFERENT AGENCIES IN THE STATE AND IN THE COUNTY.

SO WITH THAT, I JUST REALLY WANTED TO KIND OF GIVE YOU AN EDUCATION OF WHERE WE'RE COMING FROM, AND I'M OPEN TO ANY QUESTIONS YOU ALL HAVE, BECAUSE IT REALLY IS A PLEASURE TO, TO SERVE PLANNING AND ZONING BOARDS, WHICH WE'VE ALL DONE FOR MANY YEARS.

SO ANY QUESTIONS? I WOULD JUST LIKE TO THANK YOU FOR YOUR PRESENTATION.

THANK YOU TO YOUR ENTIRE STAFF.

THANK YOU, ASSISTANT GROWTH MANAGEMENT DIRECTOR, FOR GOING TO FLORIDA STATE.

GO, NOLES. THAT BEING SAID, IS THERE ANY QUESTIONS OR FEEDBACK? I JUST WANT TO ECHO YOUR SENTIMENTS, MR. CHAIR. ESPECIALLY THE GRINNELL'S PART.

HEARD MR. MCLEOD. ANYBODY ELSE? WELL, I THINK I'D LIKE TO JUST SAY THAT THE ADDITIONAL TIME THAT WE ALLOTTED FOR YOU ALL TO GET THINGS DONE, I HAVE TO SAY THAT IT'S.

I BELIEVE IT'S WORKING OUT.

THANK YOU. WELL, AND I CAN SEE IT IN THE PACKAGE.

THANK YOU. I ACTUALLY WAS GOING TO GIVE YOU ALL SOME NUMBERS OF HOW MANY APPLICATIONS WE HAVE IN THE PROCESS RIGHT NOW, BUT I THINK IT WOULD MAKE YOUR HEAD SPIN.

SO BUT THANK YOU VERY MUCH.

IT'S REALLY IT'S REALLY HELPING STAFF TO BE ABLE TO DO THEIR DUE DILIGENCE AND FEEL CONFIDENT IN WHAT THEY'RE PRESENTING.

AND AND THAT'S ALWAYS A RELIEF TO A PROFESSIONAL.

YOU TIPPED YOUR HAND SLIGHTLY.

SO LET'S HEAR THE NUMBERS.

OKAY. IT'S OVER HERE. GO AHEAD AND ASK YOUR QUESTION.

I'LL JUST WALK OVER HERE. OKAY.

MISS JORDAN I JUST HAVE A COMMENT ON THIS NEW FORMAT OF DOWNLOADING.

THERE YOU GO. THE NEW FORMAT THIS MONTH OF DOWNLOADING THE AGENDAS INDIVIDUALLY.

OH, YOU'RE TALKING ABOUT THE PRIME GOV.

YES, THAT'S. I DON'T LIKE THAT AT ALL.

OKAY. I KEPT GETTING ERRORS.

I COULD NOT GET IT TO DOWNLOAD.

AND WHEN IT DID, WHEN I WAS TRYING TO PULL SOMETHING UP I KEPT GETTING THESE PALM BAY FLORIDA PRIME GOV HOST ERROR AND I COULDN'T DOWNLOAD ANYTHING AND IT SAYS THE INTERNET'S OKAY, YOUR COMPUTER IS OKAY, IT'S THE HOST THAT HAS THE ERROR.

SO I'M IT IS A NEW SYSTEM AND EVERYBODY'S TRYING TO WORK OUT THE KINKS.

AND CHANDRA'S OVER THERE SMILING.

YEAH SHE HAS HER HICCUPS ALSO.

BUT THAT'S SOMETHING OUT OF OUR PURVIEW UNFORTUNATELY.

OKAY, I APOLOGIZE, BUT IF YOU HAVE ANY TROUBLES, PLEASE CONTACT CHANDRA OR THE LEGISLATIVE OFFICE AND THEY CAN HELP WALK YOU THROUGH THAT.

OKAY. I DON'T KNOW WHAT THEY'LL DO WITH THE HOST ERROR.

I'M SORRY. WHEN I GET A HOST ERROR THAT IT WON'T BRING IT UP.

CALL CHANDRA AND SHE'LL HELP.

TRY TO HELP YOU WALK THROUGH THAT, BECAUSE YOU SHOULDN'T BE GETTING THAT.

OKAY? AND I APOLOGIZE.

ALL RIGHT? THAT'S ALL MY QUICK NUMBERS.

THIS WAS ACTUALLY AT THE END OF FEBRUARY.

WE HAVE 54 ACTIVE PUBLIC HEARING CASES, 32 SITE WORK PERMITS, 39 SITE PLANS UNDER REVIEW AND SIX SUBDIVISIONS UNDER REVIEW.

AND THAT WAS JUST AT THE END OF FEBRUARY.

I'M SURE WE PROBABLY HAVE MORE NOW.

AND YOU ALL HAVE TO REALIZE THAT WE HAVE TWO PLANNERS.

WE NOW HAVE ALTHIA.

THANK YOU. AND ON MONDAY WE GET TWO OTHER INDIVIDUALS WHO I'M SURE WILL BE VERY STRONG AND HELP US THROUGH THIS PROCESS.

SO THANK YOU. AND WITH THAT, NO FURTHER ADO.

THANKS AGAIN, MA'AM.

YEAH. THANK YOU. OKAY.

HE SAID, FIRST TIME I GET TO USE THIS THING.

ALL RIGHT. THERE YOU GO.

SO IS THIS THE RIGHT WAY? SO GO THAT WAY.

AND THAT WAY. OKAY, THERE WE GO.

ALL RIGHTY.

NOW FOR THE RIVETING SUBJECT OF FLORIDA'S SUNSHINE LAW.

I WILL TRY TO MAKE THIS AS EXCITING AND AS ENTERTAINING AS POSSIBLE.

ALL RIGHT. SO FLORIDA IS UNIQUE AMONG STATES WHERE WE ACTUALLY HAVE A VERY THOROUGH GOVERNMENT IN THE SUNSHINE LAW. AS MUCH AS OUR CURRENT LEGISLATURE IS DOING EVERYTHING IN THEIR POWER TO WHITTLE IT AWAY.

SO WHAT I'M GOING TO GIVE YOU IS AN OVERVIEW OF THE SUNSHINE LAW AND HOW IT IS APPLICABLE TO THIS BOARD.

OKAY. SO THE SUNSHINE LAW DERIVES ITS AUTHORITY FROM THE FLORIDA STATE CONSTITUTION, WHICH PROVIDES THAT ALL MEETINGS OF ANY COLLEGIAL PUBLIC BODY, OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, OR ANY COLLEGIAL PUBLIC BODY OF A COUNTY, MUNICIPALITY, SCHOOL DISTRICT OR SPECIAL DISTRICT AT WHICH OFFICIAL ACTS ARE TO BE TAKEN, OR AT WHICH PUBLIC BUSINESS OF SUCH BODY IS TO BE TRANSACTED OR DISCUSSED, SHALL BE OPEN AND NOTICE TO THE PUBLIC AND MEETINGS OF THE LEGISLATURE.

[02:40:09]

THE LEGISLATURE SHALL BE OPEN AND NOTICED.

THEN THAT IS THEN CODIFIED IN FLORIDA STATUTES IN 286 OH 11 SUB ONE ALL MEETINGS OF ANY BOARD OR COMMISSION OF ANY STATE AGENCY OR AUTHORITY, OR OF ANY AGENCY OR AUTHORITY OF ANY COUNTY, MUNICIPAL CORPORATION OR PUBLIC POLITICAL SUBDIVISION, EXCEPT AS OTHERWISE PROVIDED IN THE CONSTITUTION AT WHICH OFFICIAL ACTS ARE TO BE TAKEN, ARE DECLARED TO BE PUBLIC MEETINGS OPEN TO THE PUBLIC AT ALL TIMES.

ALL RIGHT. SO.

OH, SORRY. I HAVE MY PRESENTATION IN TWO DIFFERENT BOYS IN TWO DIFFERENT SECTIONS.

SO, AS IS NOTED, THIS LAW IS EQUALLY APPLICABLE TO BOTH ELECTED AND APPOINTED BOARDS AND APPLIES TO ANY GATHERING OF TWO OR MORE MEMBERS OF THE SAME BOARD TO DISCUSS SOME MATTER WHICH WILL FORESEEABLY COME BEFORE THAT BOARD FOR ACTION.

SO SUNSHINE DOESN'T JUST APPLY TO THIS BOARD COLLEGIALLY SITTING IN A QUORUM.

IF TWO OF YOU ARE OUTSIDE AND HAPPEN TO DISCUSS ANY MATTERS THAT MAY BECOME BEFORE THIS, YOU'RE SUBJECT TO SUNSHINE AND YOU BECOME ACTUALLY A PUBLIC HEARING THAT HAS TO BE NOTICED AND OPEN TO THE PUBLIC.

SO THERE ARE THREE BASIC REQUIREMENTS TO THE SUNSHINE LAW.

MEANINGS OF PUBLIC BOARDS OR COMMISSIONS MUST BE OPEN TO THE PUBLIC.

REASONABLE NOTICE OF SUCH MEETINGS MUST BE GIVEN, AND MINUTES OF THE MEETINGS MUST BE TAKEN AND PROMPTLY RECORDED.

SO AS I SAID, THE PLAN THIS PLANNING AND ZONING BOARD IS SUBJECT TO SUNSHINE.

IN THE CASE OF TOWN OF PALM BEACH VERSUS GRADISON, THE FLORIDA SUPREME COURT IN 74 HELD THAT A PLANNING COMMITTEE APPOINTED BY THE COUNCIL TO ASSIST IN REVISION OF ZONING ORDINANCES WAS FOUND TO BE SUBJECT TO THE SUNSHINE LAW.

THE COURT CONCLUDED THAT THE COMMITTEE SERVED AS THE ALTER EGO OF THE COUNCIL IN MAKING TENTATIVE DECISIONS, SAYING THAT ANY COMMITTEE ESTABLISHED BY THE TOWN COUNCIL TO ACT IN ANY TYPE OF ADVISORY CAPACITY WOULD BE SUBJECT TO THE PROVISIONS OF THE GOVERNMENT IN THE SUNSHINE LAW.

THIS LAW DOES NOT ESTABLISH A LESSER STANDARD FOR MEMBERS OF AN ADVISORY COMMITTEE SUCH AS THIS BOARD.

THE COURTS HAVE HELD THAT SUNSHINE LAW EQUALLY BINDS ALL MEMBERS OF GOVERNMENTAL BODIES, BE THEY ADVISORY COMMITTEE MEMBERS OR ELECTED OFFICIALS.

SO WHO DOES THIS APPLY TO? THE LAW APPLIES TO MEETINGS AS STATED, TWO OR MORE MEMBERS OF THE SAME BOARD OR COMMISSION.

WHEN DISCUSSING SOME MATTER WHICH FORESEEABLY WILL COME BEFORE THE BOARD OR COMMISSION.

THEREFORE, THE STATUTE DOES NOT ORDINARILY APPLY TO AN INDIVIDUAL MEMBER OF THE BOARD OR TO PUBLIC OFFICIALS WHO ARE NOT BOARD MEMBERS.

THE SUNSHINE LAW DOES NOT NORMALLY APPLY TO A MEETING OF A MEMBER OF THIS BOARD WITH A PRIVATE CITIZEN.

HOWEVER, THE COURTS OF APPEAL IN THE CASE OF JENNINGS VERSUS DADE COUNTY HAVE HELD THAT SUCH A MEETING CONSTITUTES AN EX PARTE MEETING, AND THAT SUCH A MEETING RAISES A PRESUMPTION THAT THE CONTACT WAS PREJUDICIAL TO THE DECISION MAKING PROCESS, WHICH WOULD REQUIRE DISCLOSURE OF SUCH A MEETING DURING A QUASI JUDICIAL MEETING TO OVERCOME SUCH A PRESUMPTION.

SO I'VE IN MANY OF THE BOARDS AND LOCAL GOVERNMENTS THAT I HAVE REPRESENTED.

APPLICANTS CAN CALL YOU INDIVIDUALLY TO DISCUSS THE MATTER.

YOU ARE ALLOWED TO DISCUSS A MATTER PREVIOUSLY.

THEY ARE ALLOWED TO ASK FOR YOUR OPINION WHETHER YOU WANT TO GIVE IT OR NOT.

IT'S UP TO YOU. THE ONLY REQUIREMENT IS IF THE MATTER IS QUASI JUDICIAL.

MEANING FINAL DEVELOPMENT PLAN, PRELIMINARY DEVELOPMENT PLAN, REZONING VARIANCE.

I'M TRYING TO THINK WHAT OTHER MATTERS I COULD COME BEFORE YOU.

THE ONLY REQUIREMENT IS THAT YOU JUST HAVE TO STATE PRIOR TO THE DECISION.

HEY, I MET WITH SO AND SO I DISCUSSED THIS MATTER.

THAT'S IT. THAT OVERCOMES ANY PRESUMPTION OF ANY PREJUDICIAL ACTION ON YOUR PART.

SO IT IS NOT NECESSARILY IT'S NOT IMPROPER FOR YOU TO BE ABLE TO, YOU HEAR, LOBBIED WITHIN THOSE PARAMETERS, NOT LOBBYING, AS LONG AS YOU DON'T JUDGE THAT YOU MET WHILE BEFORE PERSON.

THAT'S FOR QUASI AND A LEGISLATIVE MATTER MEANS NO, THERE'S NO THAT MEANS NO NEED FOR RUBEN SUCH A DISCLOSURE.

THEY CAN DISCLOSE IF YOU BUT THIS YOUR PRESUMPTION OF A BBC PREJUDICIAL EFFECT ONLY APPLIES TO JUDICIAL HEARINGS.

SO WHEN DOES THE SUNSHINE LAW NOT APPLY? SUNSHINE LAW DOES NOT APPLY TO A MEETING BETWEEN INDIVIDUALS WHO ARE MEMBERS OF DIFFERENT BOARDS.

UNLESS ONE OR MORE OF THE INDIVIDUALS HAS BEEN DELEGATED THE AUTHORITY TO ACT ON BEHALF OF THE BOARD.

THEREFORE, A MEMBER OF THIS BOARD MAY MEET WITH AN INDIVIDUAL MEMBER OF THE CITY COUNCIL TO DISCUSS THE RECOMMENDATION MADE BY THE BOARD.

SINCE TWO OR MORE MEMBERS OF THE PLANNING AND ZONING BOARD ARE NOT PRESENT, PROVIDED THAT NO DELEGATION OF DECISION MAKING AUTHORITY HAS BEEN MADE AND NEITHER MEMBER IS ACTING AS A

[02:45:06]

THAT IS PERMISSIBLE LINE.

THAT IS NOT THAT MEETINGS ON THE NOT SUBJECT TO SEE MY SHINE.

HOWEVER, YOU CANNOT USE THE CITY COUNCIL.

MEMBER NINE MEMBER CAN'T GO TO THE MAYOR TO DISCUSS SOMETHING.

AND IF THE MAYOR THERE WAS DOES AND DISCUSSES THE SARAH THAT SAME ISSUE WITH ELSE.

NOW THERE'S BEEN SOME MENTION OF SUNSHINE, SOME OF THE THE.

THAT'S WHAT A LITTLE HIDDEN MEANS.

YOU CAN'T USE AN IN RIGHT THEORY TO GET AROUND THE FACT THAT BASICALLY TWO MEMBERS CAN'T DISCUSS EACH OTHER OUTSIDE OF SUNSHINE.

SO WHAT? MEETINGS ARE COVERED? SO THE QUESTION IS, CAN A BOARD MEMBER ATTEND ANOTHER BOARD'S MEETING? THE ANSWER IS YES.

YOU CAN ATTEND MEETINGS OF A SECOND PUBLIC BOARD AND COMMENT ON AGENDA ITEMS THAT MAY SUBSEQUENTLY COME BEFORE THE COMMISSION FOR THAT FOR FINAL ACTION.

HOWEVER, IT HAS BEEN ADVISED THAT IF MORE THAN ONE BOARD MEMBER IS IN ATTENDANCE AT SUCH MEETING, NO DISCUSSION OR DEBATE MAY TAKE PLACE AMONG THE COMMISSIONERS ON THOSE ISSUES.

SO THREE OF YOU CAN GO TO THE CITY COUNCIL MEETING.

THREE OF YOU CAN SPEAK AT THE CITY COUNCIL MEETING ON THE MATTER WITH THE THREE OF YOU.

THREE OF YOU CANNOT DO IS YOU CAN'T GO BACK THERE AND PREGAME.

THAT WOULD BE A VIOLATION OF SUNSHINE.

YET. IF YOU SPEAK IN OPEN PUBLIC MEETING, INDIVIDUALLY DIRECTED, YOUR COMMENTS ARE ACTUALLY IN THE SUNSHINE.

THE PUBLIC HAS BEEN NOTICED AND THEY'RE THEY'RE THEY'RE NOT KEPT IN THE DARK FOR WHATEVER YOUR COMMUNICATIONS ARE.

I THINK THAT'S PRETTY WELL STATED, RIGHT.

SO ANOTHER QUESTION, CAN MORE THAN ONE PLANNING AND ZONING BOARD MEMBER ATTEND A COMMUNITY FORUM SPONSORED BY A PRIVATE ORGANIZATION? YES. SO IF THERE HAPPENS TO BE SOME KIND OF YOU KNOW, ACTIVITY OR ANYTHING, YOU ARE, YOU CAN GO THOSE SO MEETING SPONSORED BY PRIVATE ORGANIZATIONS ARE NOT SUBJECT TO SUNSHINE LAW UNLESS THE BOARD MEMBERS DISCUSS ISSUES COMING BEFORE THE BOARD AMONG THEMSELVES.

HOWEVER, CAUTION SHOULD BE EXERCISED TO AVOID SITUATIONS IN WHICH PRIVATE POLITICAL OR COMMUNITY FORUMS MAY BE USED TO CIRCUMVENT THE STATUTE'S REQUIREMENTS.

RECENTLY, MEMBERS OF A CITY PLANNING AND ZONING COMMISSION VIOLATED THE SUNSHINE LAW WHEN THEY PARTICIPATED IN DISCUSSIONS AT MEETINGS OF A COMMUNITY IMPROVEMENT ORGANIZATION WHICH INVOLVED PLANNING AND ZONING MATTERS.

THIS WAS THE CASE OF THE CITY OF BRADENTON BEACH VERSUS METS.

THE COURT FOUND THAT THE COMMISSIONER'S PARTICIPATION IN THE DISCUSSIONS WAS PARTICULARLY TROUBLING BECAUSE THEY CONTINUED TO ATTEND DESPITE SUNSHINE LAW CONCERNS EXPRESSED BY THE CITY ATTORNEY. SO IN A CASE IN A IN A SITUATION LIKE THIS, AND I HAVE ACTUALLY IN TWO DIFFERENT MUNICIPALITIES AND TWO DIFFERENT LOCAL GOVERNMENTS, I HAVE I THIS SITUATION HAS COME ACROSS. SO AN ISSUE IS GOING TO COME UP THAT'S GOING TO BE DISCUSSED.

AND IT'S A PRIVATE ORGANIZATION THAT'S HAVING FORUM, HAVING A MEETING.

AND I HAVE TWO COMMISSIONERS THAT WANT TO GO AND WANT TO ATTEND.

THE MOST RECENT EXAMPLE, IN THE LAST JURISDICTION I WORKED AT, IT WAS A MATTER INVOLVING A HOMEOWNER'S ASSOCIATION THAT WAS POLITICALLY VOLATILE, AND TWO COUNCIL MEMBERS WANTED TO ATTEND.

DIDN'T HELP THAT. THOSE TWO COUNCIL MEMBERS ALSO WERE MEMBERS OF THAT HOA, BECAUSE THAT WAS THE NEIGHBORHOOD THEY LIVED IN.

SO THEY DID RAISE THIS ISSUE WITH, WITH ME AND, AND SOUGHT, SOUGHT COUNSEL ON WHAT TO DO AT THIS POINT, THE SAFEST BET.

AND THIS IS WHY I THINK IT'S IMPORTANT IF THIS SITUATION ARISE, PLEASE CONTACT THE CITY ATTORNEY'S OFFICE FOR GUIDANCE.

A REMEDY FOR SUCH FOR SUCH IS TO ACTUALLY MAKE THAT PRIVATE MEETING.

IN THIS CASE IT WAS AN HOA MEETING.

MAKE IT A SUNSHINE MEETING.

ALL THAT'S REQUIRED IS THAT REASONABLE NOTICE BE GIVEN TO THE PUBLIC.

THAT COULD QUALIFY AS SIMPLE NOTICE ON THE CITY'S WEBSITE THAT TWO OR MORE COMMISSIONERS MAY BE ATTENDING THE MEETING OF THIS HOA TO DISCUSS THIS MATTER, AND THEREFORE PUBLIC IS GIVEN NOTICE.

THE ONLY OTHER REQUIREMENT IS THAT WE HAVE TO MAKE ARRANGEMENTS WITH THE CITY CLERK TO SEND SOMEBODY TO ACTUALLY TAKE MINUTES OF THE MEETING.

THAT'S IT. THAT'S THE FULL REQUIREMENT OF SUNSHINE THAT YOU HAVE NOTICE AND THAT AND THAT THE MEETING BE RECORDED AND THE MINUTES BE TAKEN.

SO YOU COULD TURN A PRIVATE MEETING INTO A SUNSHINE MEETING IF CERTAIN MATTERS ARE GOING TO BE DISCUSSED.

AND ONCE IT BECOMES A SUNSHINE MEETING, THEN THE BOARD MEMBERS CAN DISCUSS AT THEIR WILL AT THAT MEETING WITHOUT WITHOUT TRIPPING THE SUNSHINE LAW.

CAN A BOARD MEMBER SEND AN EMAIL OR TEXT MESSAGE TO ANOTHER BOARD MEMBER? NO. PLEASE DON'T.

FOR YOUR OWN SAKE, PLEASE DO NOT COMMUNICATE ELECTRONICALLY WITH EACH OTHER.

THAT IS A SERIOUS VIOLATION OF THE SUNSHINE LAW.

SUNSHINE LAW REQUIRES BOARDS TO MEET IN PUBLIC.

BOARDS MAY NOT TAKE ACTION OR ENGAGE IN PRIVATE DISCUSSIONS ON BOARD BUSINESS VIA WRITTEN CORRESPONDENCE, EMAILS, TEXT MESSAGES, OR OTHER ELECTRONIC COMMUNICATIONS.

THIS TYPE OF ELECTRONIC COMMUNICATION ALSO EXTENDS TO COMMENTS ON SOCIAL MEDIA POSTINGS.

THAT WAS THE BIGGEST HEADACHE I'VE EVER HAD WITH OFFICIALS.

[02:50:01]

THIS OCCURRED.

IT WAS A CITY IN SOUTH FLORIDA WHERE TWO COUNCIL MEMBERS THEN GOT INTO A HEATED ARGUMENT OVER AN ISSUE OVER THEIR FACEBOOK PAGES.

THEY WERE SUED AND THEY WERE FOUND IN VIOLATION OF THE SUNSHINE LAW.

SO. SO THE FLORIDA GO AHEAD.

FROM FROM TIME TO TIME I MEDIATE POLITICAL MEETINGS, CANDIDATES.

AND INVARIABLY AT THESE MEETINGS, SOMEBODY ASKS SOMETHING ABOUT ZONING.

KNOW IF I'M THE MEDIATOR AND I REPEAT THE QUESTION, WOULD THAT BE CONSIDERED A VIOLATION OF THE SUNSHINE? NO, IT'S IT'S GOING TO DEPEND ON THE WHAT TYPE OF MEETING OR WHERE THE MEDIATION IS TAKING PLACE.

IF IT'S A MEMBER OF THE C WATT WHO'S COMMUNICATING OR I WAS TRYING QUESTION TO YOU AND YEAH, SUSSING IT WITH THEM.

WHAT. THAT'S NOT A VIOLATION OF THE SUNSHINE BECAUSE THEY'RE INDIVIDUAL.

THEY'RE NOT A BOARD MEMBER OF ANOTHER BOARD.

AND I CAN'T ASK YOU AT A MEDIUM GENERALLY THE ACTIONS ARE DIRECTED TO THE OF THE FLEETS, AND I'M THE DIRECTOR, SO.

SO IF IT'S ANSWER B, I JUST GO IN AND IN A FORUM LIKE THAT.

IF YOU KNOW WE ARE, THAT WOULD BE EQUIVALENT ON OF US AND.

YOU BEING IN A MEETING WITH ANOTHER WITH, SAY, THE CITY COUNCIL MEMBERS.

SO YOUR DISCUSSION WITH THEM DOES NOT VIOLATE SUNSHINE.

THE SUNSHINE LAW DOES NOT COVER POLITICAL FORUMS WHERE CANDIDATES ARE SET UP ON GENERAL ISSUES.

FAMILIAR, BECAUSE THAT NOT MATTERS FOR THE TWO OF THAT.

ANY TWO CANDIDATES ARE REALLY I MEAN, THEN BOTH DISCUSSING A MATTER THAT'VE GOT THE REASONABLY BEFORE THEM FOR A VOTE.

SO WITH ARE THERE ARE CARVE WORKING WITH THE SUNSHINE LAW FOR FOR POLITICAL DEBATES.

I'M CANDIDATE TEACHERS THOSE FOR OUTSIDE OF THE SCOPE ARE YOURS AS LONG AS THEY'RE OF THAT YOU DON'T HAVE.

I HAVE TWO QUES SPEAKING IN A DEBATE ABOUT A MATTER THAT WANT TO COME, ONLY GOING TO COME BEFORE A VOTE.

THAT'S WHEN RAIN AND SHINE LAW GETS STRIPPED.

SO WE. BUT IN A MATTER LIKE THAT, IF IF YOU'RE THE MODERATE OF A DEBATE BETWEEN TWO CANDIDATES FOR CELL COUNCIL AND SOME ISSUE COMES UP AS TO PICKING THE IF IT'S A TOPICAL ISSUE OR THE CANDIDATE AS BEING ASKED TO, SO IS THERE PHILOSOPHICAL DIFFERENCES THAT FALLS OUTSIDE OF THE SCOPE, BECAUSE IT'S NOT SOMETHING THAT MAY BE APPEARING BEFORE ALL OF IT, UNLESS YOU'VE GOT A SPECIFIC DEVELOPER WHO'S COMING UP AND ASKING FOR A SPECIFIC ACTION ON HIS PROJECT AT THAT POINT, I THINK THE ADVICE IS THAT'S TOO SPECIFIC A QUESTION, AND I DON'T RUN AFOUL OF THE LAW, AND THEREFORE I WILL NOT I WILL NOT DISCUSS THAT.

THAT'S THE SAFEST ANSWER.

OKAY. SO I GUESS THIS IS SIM SIMILAR TO A BOARD MEMBER.

ATTEND A SOCIAL FUNCTION IF ANOTHER BOARD MEMBER WILL BE IN ATTENDANCE.

THIS IS AS BROAD AS.

CHAMBER OF GET RELIGIOUS ISSUES OR AS BROAD AS SOMEBODY'S WEDDING IF THEY HAPPEN TO END UP AT A WEST WARNER AND OH MY GOD.

AND THROUGH HER MEMBER IS THERE.

YES. YOU CAN ATTEND.

YES. AND YOU CAN ACTUALLY SPEAK TO THAT NUMBER.

AS YOU KNOW, YOU DON'T DISCUSS MAN THAT ARE REASONABLY GOING TO APPEAR BEFORE YOU.

SO IF YOU'RE AT A WEDDING AND IT HAPPENS TO BE LATE NOVEMBER, YES, ONE OF YOU CAN CAN EXTOLL THE VIRTUES OF THE SEMINOLES TO YOUR GATOR COLLEAGUE.

THAT DOESN'T VIOLATE SUNSHINE, AS LONG AS YOU DON'T DISCUSS A MATTER THAT MAY REASONABLY COME BEFORE YOU FOR A DECISION.

SO THE SUNSHINE LAW ALSO COVERS PROCEDURES FOR PUBLIC MEETINGS AND HOW TO HOW PUBLIC MEETINGS ARE TO BE RUN.

SO THE REQUIREMENT IS ONE THAT A MEETING HAS TO HAVE AN AGENDA.

THE SUNSHINE LAW DOESN'T MANDATE THAT A BOARD PROVIDE NOTICE OF EACH ITEM TO BE DISCUSSED VIA PUBLISHED AGENDA.

THE LAW DOES NOT REQUIRE A BOARD TO CONSIDER ONLY THOSE MATTERS ON A PUBLISHED AGENDA.

EVEN THOUGH THE SUNSHINE LAW DOES NOT PROHIBIT A BOARD FROM ADDING TOPICS TO THE AGENDA OF A REGULARLY NOTICED MEETING.

THE ATTORNEY GENERAL'S OFFICE HAS ADVISED BOARDS TO POSTPONE FORMAL ACTION ON ANY ADDED ITEMS THAT ARE CONTROVERSIAL, SO IF SOMETHING COMES UP IN A MEETING, IT CAN BE DISCUSSED. IT COULD BE VOTED UPON EVEN THOUGH IT'S NOT ON THE AGENDA, BECAUSE THE MATTER HAPPENED IN THE SUNSHINE, IN OPEN MEETING, YOU'RE NOT REALLY BOUND BY YOUR AGENDA.

THIS THE LAW DOESN'T REALLY, YOU KNOW, HOG TIE ALL YOUR BOARDS THAT YOU MUST FOLLOW WHAT IS ACTUALLY ON THE AGENDA.

IF IT COMES UP, THE MATTER THEN IS ADDRESSED.

YOU CAN VOTE UPON IT IF IT'S A MATTER OF GREAT PUBLIC INTEREST.

[02:55:02]

LET'S MOVE THIS TO THE NEXT TO THE NEXT MEETING.

WE'LL HAVE IT AGENDA. WE'LL HAVE THE PUBLIC GIVE THE PUBLIC AN OPPORTUNITY TO APPEAR.

NEXT ITEM IS, OF COURSE, MINUTES SINCE THE SUNSHINE LAW REQUIRES MINUTES.

LAW REQUIRES THAT MINUTES OF A MEETING OF A PUBLIC BOARD OR COMMISSION BE PROMPTLY RECORDED AND OPENED FOR PUBLIC INSPECTION.

THE TERM MINUTES CONTEMPLATES A BRIEF SUMMARY OR SERIES OF BRIEF NOTES OR MEMORANDA REFLECTING THE EVENTS OF THE MEETING.

ACCORDINGLY, A VERBATIM TRANSCRIPT IS NOT REQUIRED.

THIS IS LEFT REALLY TO THE DISCRETION OF THE CLERK.

I HAVE BEEN IN JURISDICTIONS WHERE THE MINUTES ARE AS SIMPLE AS, AND THIS WAS A POINT OF CONTENTION IN MY LAST JURISDICTION.

PREVIOUS PLACE I WORKED THE MINUTES WHEN IT CAME TO PUBLIC COMMENTS WAS SO AND SO AT, YOU KNOW, ONE, TWO, THREE ANY STREET IN DAYTONA BEACH, FLORIDA SPOKE PERIOD.

ANOTHER JURISDICTION PUBLIC COMMENTS.

SO AND SO GOT UP AND AND THEY GO INTO THIS ELABORATE DETAIL OF WHAT THEY SPOKE.

BOTH VERSIONS ARE CORRECT.

WHEN THE SECOND CITY DECIDED, HEY, WE REALLY GOT TOO IT'S GETTING TOO DIFFICULT TO DO THIS.

LET'S CURTAIL IT.

OUR CITY COUNCIL MEMBERS HAD A HISSY FIT.

ALSO, IT WAS, I THINK, IN THAT CITY SOME FOLKS JUST WENT ON PUBLIC COMMENT TO BASICALLY PROVIDE CONTENT FOR THEIR YOUTUBE CHANNELS.

AND THE MORE SENSATIONAL THEY WERE, THE MORE HITS THEY GOT.

SO THEREFORE, AT THE NEXT MEETING, THEY TRIED TO GET MORE HITS, MORE VIEWS BEING MORE, EVEN MORE SENSATIONAL.

BUT THE MINUTES ARE JUST A ANY TYPE OF SUMMARY.

GET A PICTURE OF WHAT IT IS.

THERE IS NO REQUIREMENT THAT IT BE A TRANSCRIPT.

IF SOMEBODY ACTUALLY WANTS A TRANSCRIPT, THEY CAN GO TO THE CITY CLERK AND HAVE A PUBLIC RECORDS REQUEST TO ASK FOR THE TAPES OR THE VIDEO, AND THEN THEY CAN THEY CAN TRANSCRIBE IT THEMSELVES AT THEIR OWN EXPENSE.

AND NOW REASONABLE PUBLIC NOTICE IS THE OTHER REQUIREMENT SUBJECT TO THE OKAY.

SO REASONABLE PUBLIC NOTICE IS REQUIRED FOR ALL MEETINGS SUBJECT TO THE SUNSHINE LAW AND IS REQUIRED EVEN THOUGH A QUORUM IS NOT PRESENT.

THE SUNSHINE LAW DOES NOT DEFINE REASONABLE.

NOTICE. THE TYPE OF NOTICE GIVEN DEPENDS ON THE PURPOSE.

ON THE PURPOSE FOR THE NOTICE, THE CHARACTER OF THE EVENT ABOUT WHICH THE NOTICE IS GIVEN, AND THE NATURE OF THE RIGHTS TO BE AFFECTED.

IN EACH CASE, AN AGENDA.

AN AGENCY MUST GIVE NOTICE AT SUCH TIME AND IN SUCH MANNER AS TO ENABLE THE MEDIA AND THE GENERAL PUBLIC TO ATTEND THE MEETING.

SO FOR CERTAIN REQUIREMENTS, THERE ARE STATUTORY REQUIREMENTS FOR NOTICE, ESPECIALLY WHEN IT COMES TO PASSIVE PASSING OF ORDINANCES.

CERTAIN PASSIVE RESOLUTION THE LOCAL GOVERNMENT IS BOUND BY, IN OUR CASE, CHAPTER 166 FLORIDA STATUTES.

IN OTHER CASES, LIKE I GAVE, THE EXAMPLE OF, TWO OF TWO MEMBERS ARE GOING TO ATTEND A PRIVATE FUNCTION.

AND IN ORDER TO BE SAFE, LET'S MAKE IT A SUNSHINE MEETING THEN.

IT'S JUST A SIMPLE, ANY TYPE OF REASONABLE NOTICE THAT THE PUBLIC IS AWARE, HEY, TWO OR MORE FOLKS ARE GOING TO BE HERE.

IT'S GOING TO BE HERE AT THIS LOCATION.

IF YOU WANT TO GO, THEY'RE GOING TO BE THERE.

NOW, THE PUBLIC HAS BEEN GIVEN AN OPPORTUNITY TO TO BE THERE.

AND ANY DISCUSSIONS BETWEEN TWO OR MORE BOARD MEMBERS AT THIS MEETING IS DONE IN THE SUNSHINE.

NOW PUBLIC COMMENT.

SO THIS HAS BEEN AN AREA THAT HAS BEEN EVOLVING WITH THE COURTS INITIALLY.

INITIALLY, THE COURTS INITIALLY STATED THAT THE PUBLIC HAS A RIGHT TO ATTEND, BUT DOESN'T NECESSARILY HAVE A RIGHT TO PARTICIPATE OR SPEAK ON EVERY MATTER.

THE COURTS HAVE BEEN EVOLVING NOW THAT THEY HAVE GIVEN THE PUBLIC MORE RIGHTS.

SO SUNSHINE LAW NOW MANDATES THAT MEMBERS OF THE PUBLIC SHALL BE GIVEN A REASONABLE OPPORTUNITY TO BE HEARD ON A PROPOSITION BEFORE A BOARD OR COMMISSION.

THE OPPORTUNITY TO BE HEARD DOES NOT HAVE TO OCCUR AT THE SAME MEETING AT WHICH THE BOARD TAKES OFFICIAL ACTION.

IF THE OPPORTUNITY OCCURS AT A MEETING, THAT IS, DURING THAT IS, DURING THE DECISION MAKING PROCESS, AND IS WITHIN REASONABLE PROXIMITY AND TIME BEFORE THE MEETING AT WHICH THE BOARD TAKES ITS THE OFFICIAL ACTION.

IT'S THE BEST EXAMPLE IS THE PUBLIC CAN BE GIVEN AN OPPORTUNITY TO COMMENT AT FIRST READING OF AN ORDINANCE.

IF THEY'RE NOT GIVEN AN OPPORTUNITY TO COMMENT AT SECOND READING, THEY'VE ALREADY BEEN GIVEN THE OPPORTUNITY AND THEY'VE ALREADY BEEN GIVEN THAT RIGHT TO PROCEED FORWARD IF THE BOARD WISHES TO EXPEDITE MATTERS.

AND A SECOND READING IS JUST THE IMPLEMENTATION, PUBLIC HAS ALREADY SPOKEN.

NOTHING HAS CHANGED. THERE'S NO NEED FOR THE PUBLIC TO SPEAK AGAIN.

SO THE SUNSHINE LAW DOES NOT PROHIBIT THE BOARD FROM MAINTAINING ORDERLY CONDUCT OR PROPER DECORUM IN PUBLIC MEETINGS.

SO ANY BOARD, INCLUDING THIS ONE, CAN REGULATE DECORUM.

AND THAT'S WHAT WE WERE JUST DISCUSSING.

WE CAN HAVE THREE MINUTES.

WE CAN HAVE FIVE MINUTES.

SOME BOARDS HAVE GONE TO THE EXTENT I'VE HELPED RIGHT TO QUORUM REQUIREMENTS, WHERE YOU KNOW, THE PUBLIC, THEY MUST ADDRESS THE CHAIR OR THE MAYOR AND CANNOT, CANNOT DIRECTLY DIRECT THEIR COMPLAINTS AT ANOTHER INDIVIDUAL, BOARD MEMBER OR STAFF MEMBER.

THE COURTS HAVE SAID, YES, LOCAL GOVERNMENTS DO HAVE THAT ABILITY TO, TO TO SET PARAMETERS AND REGULATIONS FOR THE FOR THE CONDUCT OF THEIR MEETINGS IN ORDER FOR THIS LOCAL GOVERNMENT TO HAVE THE BASICALLY EXPEDITIOUS PRACTICE OF OF GOVERNING.

[03:00:06]

PRESCRIBED PROCEDURES FOR ALLOWING REPRESENTATIVES OF GROUPS OR FACTIONS ON A PROPOSITION TO ADDRESS THE MASS, RATHER THAN ALL, MAY BE CHANGED.

SUCH GROUPS OR FACTIONS AND MEETINGS IN WHICH WEEK RIGHT NUMBER OF INDIVIDUALS OFFER HEARD.

SO SOME WE DISCUSSED EARLIER.

I MEAN THE SUNSHINE LAW THAT OKAY THIS BOARD IS ALLOWED TO HEY IS IT THERE'S A LOT OF YOU GUYS SAY THE SAME THING, MAN.

NOMINATE SOMEONE TO BE 15TH PERSON AND FROM FORWARD THAT IS PERMIT THE SUNSHINE LAW PRESCRIBED PROCEDURES OR FORMS FOR AN INDIVIDUAL TO USE IN ORDER TO INFORM THE BOARD OF A DESIRE WE HEARD TO INDICATE THEIR OPPOSITION OR NEUTRALITY ON A PROPOSITION, AND TO INDICATE THEIR DESIGNATION OF A REPRESENTATIVE TO SPEAK FOR THEM OR THEIR GROUP ON A PROPOSITION, IF THEY SO CHOOSE.

THAT'S BASICALLY THIS.

AND FINALLY DESIGNATE A SPECIFIED PERIOD OF TIME FOR PUBLIC COMMENT.

SO THE AMOUNT OF TIME ALSO WITHIN THE AGENDA THERE'S A SECTION FOR FOR PUBLIC COMMENT, BOTH EITHER ON A MATTER THAT'S NOT ON THE AGENDA, LIKE OUR PUBLIC COMMENT SECTIONS IN THE CITY COUNCIL, OR TO PROVIDE COMMENT AT EACH INDIVIDUAL ITEM.

SO VOTING AND THIS IS A MATTER THAT'S COME UP.

SO A MEMBER OF A BOARD WHO IS PRESENT AT A MEETING IS PROHIBITED FROM ABSTAINING FROM VOTING EXCEPT AS AUTHORIZED BY STATUTE.

AND THAT AUTHORIZATION, THAT STATUTORY AUTHORIZATION IS VERY NARROW.

LEGAL REASONS FOR ABSTAINING ARE AN ACTUAL OR THE APPEARANCE OF A POSSIBLE CONFLICT OF INTEREST, WHICH WOULD INURE TO THE BOARD MEMBERS SPECIAL PRIVATE GAIN OR LOSS, WHICH THEY KNOW WOULD INURE TO A SPECIAL PRIVATE GAIN OR LOSS, OR OF ANY PRINCIPLE BY WHOM THEY ARE RETAINED, OR TO THE PARENT ORGANIZATION OR SUBSIDIARY OF A CORPORATE PRINCIPAL BY WHICH THEY ARE RETAINED, OTHER THAN THE PUBLIC AGENCY AS DEFINED, OR WHICH THEY KNOW WOULD INURE TO A SPECIAL PRIVATE GAIN OR LOSS OF A RELATIVE OR BUSINESS ASSOCIATE OF THE PUBLIC OFFICER.

THAT IS THE ONLY REASON YOU ARE ALLOWED TO ABSTAIN FROM A VOTE.

IT'S BASICALLY YOU HAVE A CONFLICT OF INTEREST, AND YOU AND YOU ARE GOING TO DERIVE SOME TYPE OF DIRECT PECUNIARY GAIN.

SO DIRECT REZONING ON A PROPERTY THAT YOU OWN THAT COULD BE DEEMED A, A GAIN OR A PROPERTY THAT IS UNDER CONTRACT, AND YOU HAPPEN TO BE THE REALTOR AND THAT'S, THAT'S COMING UP TO VOTE THAT COULD BE DEEMED OR MAY THE APPEARANCE OF A CONFLICT OF INTEREST ANYTHING OTHER THAN THAT YOU MUST VOTE ONE WAY OR ANOTHER.

YOU CANNOT ABSTAIN FROM VOTING.

SO THESE ARE THE REMEDIES AND PENALTIES FOR VIOLATING THE SUNSHINE LAW.

CRIMINAL PENALTIES.

SO A KNOWING VIOLATION OF THE SUNSHINE LAW IS A MISDEMEANOR OF THE SECOND DEGREE, AND CONVICTION MAY RESULT IN A TERM OF IMPRISONMENT NOT TO EXCEED 60 DAYS OR A FINE OF UP TO $500.

I THINK THAT SPEAKS FOR ITSELF.

ANOTHER ONE IS REMOVAL FROM OFFICE.

IF CONVICTED, AN OFFICER CAN BE REMOVED FROM OFFICE BY EXECUTIVE ORDER OF THE GOVERNOR.

AN OFFICER WHO PLEADS NO, BASICALLY NO CONTEST IS DEEMED TO HAVE BEEN CONVICTED.

THEN THERE ARE NON-CRIMINAL INFRACTIONS.

SO IF YOU'VE ALSO BEEN FOUND VIOLATING, YOU CAN BE GUILTY OF A NON-CRIMINAL INFRACTION PUNISHABLE BY A FINE NOT EXCEEDING $500.

ALSO, YOU WILL BE THE CITY WILL BE ASSESSED ATTORNEY'S FEES FOR LOSING A SUNSHINE LAW CASE.

SO WE DON'T WANT TO BE THERE.

THAT'S THE END OF MY. SO ONE ITEM THAT DID COME UP, SO I DIDN'T I WANTED TO REALLY LIMIT MY PRESENTATION TO SUNSHINE LAW, BUT A QUESTION WAS PRESENTED TO ME PRIOR ON BASICALLY PUBLIC RECORDS AND THERE IS AN INTERTWINING BETWEEN PUBLIC RECORDS AND THE SUNSHINE LAW.

NOW THEY'RE COMPLETELY TWO DIFFERENT SECTIONS OF FLORIDA STATUTE.

SUNSHINE LAW IS IN SECTION 286.

PUBLIC RECORDS IS IN 119.

PUBLIC RECORDS IS A MUCH MORE EXPANSIVE AND BROAD ASPECT.

BUT THERE ARE MATTERS AND THERE'S A LOT OF MATTERS ON PUBLIC RECORDS, WHICH I DON'T THINK YOU GUYS REALLY NEED TO WORRY ABOUT, BUT WE'LL TOUCH THIS SUBJECT.

SO FIRST, I'M GOING TO GIVE WHAT THE DEFINITION OF A PUBLIC RECORD IS UNDER STATUTE.

SO PUBLIC RECORDS MEANS ALL DOCUMENTS, PAPERS, LETTERS, MAPS, BOOKS, TAPES, PHOTOGRAPHS, FILMS, SOUND RECORDINGS, DATA PROCESSING SOFTWARE OR OTHER MATERIAL, REGARDLESS OF THE PHYSICAL FORM, CHARACTERISTICS OR MEANS OF TRANSMISSION MADE OR RECEIVED PURSUANT TO LAW OR ORDINANCE, OR IN CONNECTION WITH THE TRANSACTION OF OFFICIAL BUSINESS BY ANY AGENCY.

SO. I THINK ONE OF THE MATTERS THAT WAS BROUGHT UP WAS, I THINK MOST OF YOU RECEIVED COPIES OF THE AGENDA AND THE APPLICANT'S PACKETS.

AND THEY'RE EITHER I THINK THEY'RE EMAILED OR YOU DOWNLOAD THEM TO YOUR COMPUTER.

THAT IS ALREADY. YES.

THE PACKETS ARE PUBLIC RECORDS.

NOW THEY ARE PUBLIC RECORDS OF THE CITY.

[03:05:02]

THE ACTUAL PUBLIC RECORD IS KEPT ON THE CITY.

WHAT YOU'RE RECEIVING IS A COPY.

SO SO THEREFORE, IF SOMEONE'S MAKING A PUBLIC RECORDS REQUEST, I THINK IT'S IMPORTANT TO NOTE, JUST BECAUSE I THINK THE CONCERN IS.

OKAY, NOW, I HAVE A PUBLIC RECORD ON MY COMPUTER.

DOES THAT MAKE MY COMPUTER NOW OPEN FOR EVERYONE TO INSPECT? THE ANSWER IS NO, BECAUSE THE DEFINITION OF PUBLIC RECORD IS REALLY NARROW IN SCOPE.

AND THEN THE KEY WORD, THE KEY PHRASE WITHIN THERE THAT THE COURTS HAVE LOOKED AT IS BASICALLY IN CONNECTION WITH THE TRANSACTION OF OFFICIAL BUSINESS BY ANY AGENCY.

SO. IF SOMEONE ASKS TO SEE YOUR LAPTOP, WE WANT TO.

YOU'RE A PUBLIC OFFICIAL.

I WANT TO SEE YOUR LAPTOP. I WANT TO SEE WHAT'S IN YOUR LAPTOP.

BECAUSE. BECAUSE YOU'RE A PUBLIC OFFICIAL, EVERYTHING IN YOUR LAPTOP IS A PUBLIC RECORD.

AGAIN, THE ANSWER IS NO. IT ISN'T BECAUSE YOU HAVE TO ASK FOR WHAT IS IT, THE RECORD THAT YOU'RE SEEKING? BECAUSE THERE ARE DOCUMENTS THAT MAY BE PUBLIC RECORDS AND MAY NOT BE IF THEY'RE ASKING TO SEE THE PACKET THAT YOU'VE RECEIVED ON YOUR LAPTOP, THE SIMPLE ANSWER IS WE'LL CONTACT THE CLERK. THEY HAVE IT. THAT WAS ONE.

THEY'LL HAVE THE EMAIL THAT WAS SENT TO YOU.

SO THAT'S THE RECORD THAT THEY'VE CORRESPONDED WITH YOU.

THAT'S A PUBLIC RECORD. AND THE PACKETS A PUBLIC RECORD THE COURTS HAVE DEEMED MADE THE DETERMINATION.

NOT THAT LONG AGO, THE SUPREME COURT, THE FLORIDA SUPREME COURT, STATED THAT JUST BECAUSE AN ITEM IS EITHER ON A PUBLIC COMPUTER OR IN THE IN THE POSSESSION OF A PUBLIC OFFICIAL DOES NOT AUTOMATICALLY MAKE IT A PUBLIC RECORD.

AND WHAT THEY THE CASE BASED IT WAS IT WAS THE SAINT PETERSBURG TIMES SUED.

IT WAS THE CITY OF CLEARWATER.

SO THE TIMES SAID, WELL, I WANT WE WANT ALL THE EMAILS OF EVERY ONE DONE WITH CITIES.

EMPLOYEES, THOUGH WERE OUR REQUEST AND THE CITY SAID FEEDBACK ENTITLED TO THAT.

SO THE COURT MADE THE DISTINCTION OF NO PANEL BECAUSE IT'S ON A PUBLIC WELL AS DOESN'T MAKE IT A PUBLIC LENDING YOU, YOU ACTUALLY HAVE TO GO TO THE ACTUAL CONTENTS OF THAT DOCUMENT TO DETERMINE WHETHER COMFORTED RECORD.

SO THE EXAMPLES I GAVE IS I'M WRONG WITH RATE.

I DON'T HAVE A LAPSE IN JUDGMENT FORM AN EMAIL TO MY WIFE.

WELL, GOING TO BE LATE TO DATE AND THIS YOU KNOW IT OR I IT'S TO FIND A RECIPE.

I EMAIL THE RECIPE TO MY INFORMING MY MY TO PALM BAY FLORIDA EMAIL WARNER.

SHORT EMAIL IS NOT A PUBLIC RECORD BECAUSE THERE'S NOTHING IN THERE THAT'S DISSEMINATING ANY INFORMATION THAT WAS EITHER DONE PURSUANT TO ORDINANCE OR LAW, OR IS IN CONNECTION WITH ANY TRANSACTION OF OFFICIAL BUSINESS BY ANY AGENCY.

IT'S ME SENDING A RECIPE.

SO CONTENT THAT'S REALLY THE DISTINCTIONS AT A PUBLIC.

SO JUST BECAUSE YOUR PHONAUTOGRAMS OR OF THE DOESN'T NECESSARILY MEAN IF SOMEONE'S REALLY GOT THAT ISSUE, THEN IT GOES TO YOU, A JUDGE.

BUT THE DOCUMENT IT MAY COME DOWN TERMINATION.

WORRYINGLY A RECENT CASES WAS USE YOUR CITY COUNCIL PHONES THE CITY COUNCIL OF SUNNY AT DOWN IN DADE COUNTY.

THERE WAS A CONTENTIOUS MEETING AND THE MAYOR WAS SENDING THIS.

THIS IS. ONE OF THE THINGS I WILL ADVISE YOU.

DO NOT MAKE IT LOOK LIKE YOU'RE ON YOUR PHONES TEXTING ANYBODY.

YOU'LL NEVER KNOW WHO'S WATCHING THROUGH THOSE CAMERAS.

IT'S GOING TO ASK FOR PUBLIC RECORDS REQUESTS TO SEE YOUR TEXT TO DETERMINE WHO ARE YOU TEXTING AND WHAT ARE YOU DISCUSSING? IN THIS CASE, THE MAYOR WAS TEXTING HER HUSBAND.

SHE SENT TWO TEXTS, ONE TEXT.

THIS MEETING IS RUNNING LONG.

I'M GOING TO BE HOME LATE.

JUST A SECOND.

TEXT. OH, MY GOD, COMMISSIONER, SO-AND-SO IS THE BIGGEST WELL GUESS WHAT? OH MY GOD. SO AND SO, COMMISSIONER IS THE BIGGEST THAT WAS DEEMED A PUBLIC RECORD.

NOT SO THE.

THE EVEN THOUGH THE DELIVERY WAS TO SOMEONE BECAUSE YOU'RE DISCUSSING SOME TYPE OF PUBLIC INFORMATION THAT'S WHAT DEEMS THEY'RE ON RECORD NOT KNOWN WHO IT'S BEING SENT TO OR WHERE IT'S KEPT THE OR YOURS TO LOOK AT THE CONTENT OF IT, DOCUMENTATION TO DETERMINE WHETHER IT'S A RECORD OR NOT.

SO THAT'S WHERE IT MIGHT AFFECT NEWS.

THE IT, IT BUT IT'S GOING TO REALLY GET AROUND TO IF YOU'RE IT WAS ADVISED DO NOT USE PERSONAL CELL PHONES TO TEXT.

ANY GOVERNMENTAL BUSINESS BECAUSE IF A PUBLIC RECORDS REQUEST IS MADE.

YES WE MAY BE WE MAY HAVE TO GO THROUGH YOUR PERSONAL CELL PHONES AND DETERMINE WHETHER THAT IS A RECORD OR NOT THAT HAS TO BE PRODUCED.

SO THE THE EASIEST FORM ADVICE IS DON'T USE YOUR TEXT TO COMMUNICATE WHAT COULD BE A PUBLIC RECORD.

NOW PICKING UP THE PHONE AND CALLING SOMEONE, IT'S NOT A PUBLIC RECORD, IT'S NOT KEPT.

THAT'S A COMMUNICATION. IT'S NOT REALLY SUBJECT TO INSPECTION.

I DON'T KNOW IF YOU GUYS AREN'T.

I CAN'T REMEMBER IF YOU GUYS ARE GIVING.

ARE THEY? ARE YOU GUYS GIVING PALM BAY.

ORG EMAILS.

ADDRESSES, SOME.

I LOST MINE BECAUSE THAT THAT IF YOU'RE GOING TO HAVE ANY COMMUNICATION WITH FOLKS OVER YOUR EMAIL, USE OFFICIAL EMAIL ONLY BECAUSE YOU DON'T HAVE TO WORRY ABOUT

[03:10:03]

BECAUSE IF YOU'RE USING AN OFFICIAL PALM BAY EMAIL THAT'S KEPT BY WRIT.

SO OUR IT DEPARTMENT CAN PICK IT UP AND WE DON'T HAVE TO GO ASK THEM FOR YOUR PHONES OR YOUR PERSONAL COMPUTERS.

SO THAT'S WHAT JUST IT'S STRONGLY ADVISED TO NOT USE YOUR PERSONAL EMAILS TO COMMUNICATE PUBLIC BUSINESS.

DO NOT USE YOUR PERSONAL CELL PHONES, PERSONAL TEXTS TO COMMUNICATE PUBLIC BUSINESS.

KEEP IT ON ON PUBLIC MEDIUMS BECAUSE THEN YOU DON'T HAVE TO WORRY ABOUT ACCIDENTALLY DESTROYING A PUBLIC RECORD, DESTROYING A PUBLIC RECORDS, A CRIMINAL OFFENSE.

I MEAN, THE PENALTIES ARE SIMILAR TO THOSE OF THE OF OF THE SUNSHINE LAW.

IT'S JUST EASIER TO USE ANY IF IT'S OFFICIAL BUSINESS.

AND IF YOU HAVE A PALM BAY, FLORIDA.

ORG EMAIL ADDRESS, USE THAT.

YOU'RE NOT YOU'RE NOT GIVING THE CITY PHONES.

LOTS OF STAFF WERE GIVING CITY PHONES.

AND IF I HAVE TO TEXT CITY BUSINESS, I HAVE TO USE MY CITY IPHONE TO DO SO.

ESPECIALLY BECAUSE IT'S GOING TO BE A PUBLIC RECORD AND IT'S GOING TO BE IT'S GOING TO BE OPEN TO, TO TO INSPECTION.

AND IF IT'S PROBABLY THE MOST CONTENTIOUS ASPECT OF LOCAL GOVERNMENT PRETTY MUCH IS PUBLIC RECORDS, BECAUSE THERE ARE FOLKS WHO ARE ADAMANT THAT BASICALLY IF IF I JOT SOMETHING DOWN HERE, IT'S A PUBLIC RECORD.

THEY'RE ENTITLED TO TO SEEK.

AND I KNOW THE LEGISLATURE HAS BEEN.

CHIPPING AWAY AT AT MORE AND MORE AND MORE EXEMPTIONS TO PUBLIC RECORDS.

AND I DON'T NEED TO WORRY ABOUT ALL OF THE EXEMPTIONS THAT ARE OUT THERE THAT YOU NEED TO WORRY ABOUT.

BUT IF, IF THE, IF STAFF IS GIVING YOU ITEMS THAT ARE GOING TO BE FOR YOUR REVIEW.

TREAT THEM THAT THOSE ARE COPIES.

BUT THE ACTUAL PUBLIC RECORD, THE CITY STILL HAS THE PUBLIC RECORD.

AND IF ANYONE SEEKS THAT WHOLE PACKET YOU KNOW, THE THE CLERK, THE GROWTH MANAGEMENT DIRECTOR THEN NOTIFIES THE CLERK IN ORDER FOR THAT TO BE TO BE DONE.

BUT PLEASE DO NOT MINGLE YOUR PERSONAL WE'LL CALL IT PERSONAL MEDIA WITH OFFICIAL BUSINESS, BECAUSE THEN IT GETS TRICKY.

AND YOU DON'T WANT A PHONE CALL FROM SOMEONE AT THE CITY ATTORNEY'S OFFICE SAYING, YEAH, I NEED I NEED TO LOOK AT YOUR CELL PHONE, AND I NEED TO GO THROUGH IT TO MAKE AND TO DETERMINE WHETHER OR NOT WE HAVE TO GIVE SOMEONE A TEXT MESSAGE.

WE HAVE TO GIVE SOMEBODY A TEXT MESSAGE OR NOT, OR AND GOD FORBID WE FIND OUT YOU DELETED THE TEXT MESSAGE.

YOU DON'T WANT TO BE IN COURT OVER THAT.

AND THAT'S AND YOU KNOW, THAT'S AGAIN INTERMINGLING RECORDS.

AND I MEAN, IT HAPPENED IN MARTIN COUNTY.

THEY WERE USING THEIR PERSONAL YAHOO ACCOUNTS TO COMMUNICATE WITH EACH OTHER ON A MATTER I THINK THE COUNTY GOT SOCKED FOR OVER $250,000 IN ATTORNEY'S FEES OVER A MATTER.

THAT WAS JUST STUPID, FOR LACK OF A BETTER WORD, JUST PLAIN STUPID.

AND I THINK MOST OF US, MOST, AT LEAST IN THIS AREA, ARE FULLY AWARE OF WHAT HAPPENED IN SEBASTIAN.

THAT WAS THAT THAT CASE MADE THE LOCAL ROUNDS LAST YEAR TO ALL OF OUR BAR CONFERENCES ON HOW NOT TO WHAT, WHAT NOT TO DO WHEN IT COMES TO SUNSHINE.

SO THAT'S BASICALLY IF YOU HAVE ANY QUESTIONS, GENERAL QUESTIONS, I AM FREE TO ANSWER THEM TO THE BEST OF MY ABILITY.

I SHOULD DO JUST ONE QUICK ONE.

STATUE OF STATUE OF LIMITATIONS FOR A CASE.

LIKE, FOR INSTANCE, IF WE IF WE'VE ALREADY DISCUSSED THE CASE OR HAD A CASE TO COME BEFORE US, AND THEN IS THERE A STATUTE OF LIMITATIONS TO WHEN WE CAN TALK ABOUT THE CASE, OR IS IT JUST ONE OF THOSE CASES ONCE IT'S DONE? FORGET ABOUT IT, PUT IT ON THE BACK AND PUT IT ON A BACK BURNER.

DON'T TALK TO EACH OTHER. AND WHAT ABOUT REFERENCING A CASE? YEAH, IT'S THE SAFEST BET IS IS NOT TO DISCUSS IT.

BECAUSE YOU DON'T WANT TO GET INVOLVED IN ENDLESS USELESS LITIGATION TO DISCUSS, TO ARGUE WHETHER OR NOT THAT BECAUSE THE MATTER IS ALREADY CLOSED AND DISCUSSED.

I'M GOING TO SIT DOWN IN PRIVATE TO TALK ABOUT THE CASE WE DISCUSSED FIVE YEARS AGO, BECAUSE YOU NEVER KNOW IF IT REASONABLY COULD REAPPEAR BEFORE YOU HAD TO MAKE ANOTHER DECISION ON IT. IT'S JUST THE SAFEST.

JUST JUST DON'T JUST DON'T DO IT.

OKAY? SO THAT'S MY ADVICE.

THAT'S NICE TO KNOW. YEAH.

ANY FURTHER QUESTIONS? NO. SOMEBODY.

ME? YES.

OKAY. THANK YOU.

NEW MRS PRESENTATION.

THANK YOU. YEAH. THANK YOU.

VERY, VERY COMPETITIVE.

OKAY. A MIND BRINGS US TO THE NEXT GENERATION OF OUR BUSINESS.

I I THAT AND SEEING NO OTHER INTENT.

THIS MEETING IS ADJOURNED.

ALL RIGHT. ROSE? DO WE?

* This transcript was compiled from uncorrected Closed Captioning.