Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[00:00:02]

HI. GOOD EVENING EVERYONE.

[CALL TO ORDER:]

WITH THE 6:00 ON THE HOUSE CLOCK, WE'RE GOING TO CALL THIS MEETING TO ORDER.

THAT BEING PLANNING AND ZONING BOARD MEETING.

REGULAR MEETING 20 2412.

WE'LL START WITH OUR PLEDGE OF ALLEGIANCE.

AND, MR. BOEREMA, I WILL ASK YOU TO LEAD US.

PLEASE, SIR. 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.

I THANK YOU VERY MUCH.

CAN WE HAVE A ROLL CALL, PLEASE? YES. MR. BOEREMA PRESENT.

MR.. GOOD PRESENT, MISS JORDAN.

PRESENT. MR. KARAFFA PRESENT.

MR. MCLEOD HAS ASKED TO BE EXCUSED.

MR. OLSHEVSKY PRESENT.

MR. WARNER PRESENT.

OUR SCHOOL BOARD APPOINTEE POSITION IS STILL VACANT.

AND MICHAEL RODRIGUEZ, OUR CHIEF DEPUTY CITY ATTORNEY, IS PRESENT.

WE DO HAVE A QUORUM.

ALL RIGHT. THANK YOU VERY MUCH, MA'AM.

I'D JUST LIKE TO SAY A WELCOME TO MR. KARAFFA. THANK YOU FOR JOINING US ON THE BOARD AS A VOTING MEMBER.

AND WE'LL MOVE ON TO THE ADOPTION OF THE MINUTES.

[ADOPTION OF MINUTES:]

SO DO I HEAR A MOTION TO ADOPT THE MINUTES OF THE REGULAR MEETING? 2020 408.

SO MOVED. SECOND.

MOTION BY MRS. JORDAN, SECONDED BY MR. WARNER TO ADOPT THE MINUTES OF THE REGULAR MEETING 2020 408.

ALL THOSE IN FAVOR? AYE.

THAT PASSES UNANIMOUSLY.

AND THE SECOND ITEM. DO I HEAR A MOTION TO ADOPT THE MINUTES FOR REGULAR MEETING 2020 409? I'LL MAKE A MOTION.

SECOND. MOTION BY MR. GOODE, SECONDED BY MR. WARNER, TO ADOPT THE MEETING MINUTES FROM REGULAR MEETING 2020 409.

ALL THOSE IN FAVOR? AYE. AYE.

THAT PASSES UNANIMOUSLY.

MOVING INTO ANNOUNCEMENTS, IT'S IMPORTANT TO NOTE THAT THE CASE BABCOCK LLC MIXED USE DEVELOPMENT, WHICH IS CASE NUMBER CP 20

[ANNOUNCEMENTS:]

3-00011, WILL NOT BE HEARD THIS EVENING.

NOTICES WILL BE SENT WHEN NEW MEETING DATES ARE SET.

20 3-00011 WILL NOT BE HEARD THIS EVENING.

FOR THE BENEFIT OF THE APPLICANTS IN THE AUDIENCE, THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS, THE LAND DEVELOPMENT STAFF.

THE MEETING PROCEDURES WILL 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 FROM THE BOARD.

THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.

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

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 ON YOUR CARD 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 HAVE SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS.

AFTER PUBLIC COMMENTS, I'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'LL THEN CALL FOR A MOTION AND A SECOND, AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION.

WE'LL 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.

ANNOUNCEMENTS TAKEN CARE OF.

THAT BRINGS US INTO NEW BUSINESS.

[NEW BUSINESS:]

MR. CHAIR, BEFORE WE BEGIN NEW BUSINESS.

YES, SIR. TWO ITEMS ON THE AGENDA TONIGHT ARE QUASI JUDICIAL IN NATURE.

THEREFORE, AS I'VE DONE IN EVERY MEETING, I'D LIKE TO ADVISE THEM IF ANY MEMBER OF THIS BOARD HAS HAD ANY EX PARTE COMMUNICATIONS WITH THE APPLICANTS REGARDING THE SUBJECT MATTER TO BE PRESENTED BEFORE THIS BOARD, PLEASE ADVISE WHETHER YOU HAVE HAD SUCH COMMUNICATIONS.

IF I WILL ASCEND BY YOUR SILENCE.

IF YOU'VE HAD NONE. THANK YOU.

SEEING NONE, SIR.

THANK YOU FOR THAT.

NEW BUSINESS. CASE NUMBER ONE.

CASE P S 2024 00004.

DEFER TO MISS RAMOS.

GOOD EVENING.

THE FIRST CASE IS PRELIMINARY PLAT FOR THE RESERVE AT COUNTRY CLUB LAKE ESTATES.

THE APPLICANT IS COUNTRY CLUB LAKES.

DEVELOPERS SCOTT BUSSON IS HERE REPRESENTING THEM THIS EVENING AND THE OTHER IS DAVID BASFORD.

[00:05:03]

THE LOCATION IS THE TERMINUS OF COUNTRY CLUB DRIVE NORTHEAST, IN BETWEEN PORT MALABAR BOULEVARD AND RIVIERA DRIVE NORTHEAST, AND THE REQUEST IS FOR PRELIMINARY SUBDIVISION PLAN APPROVAL FOR 199 LOT RESIDENTIAL SUBDIVISION.

THIS ONE WILL BE KNOWN AS RESERVE AT COUNTRY CLUB LAKE ESTATES.

THE SIZE OF THE PROJECT IS APPROXIMATELY 74.24 ACRES.

IT HAS A FUTURE LAND USE OF LOW DENSITY AND HIGH DENSITY RESIDENTIAL ON THE PROPERTY, AND THE CURRENT ZONING IS PUD.

IT'S CURRENTLY VACANT RESIDENTIAL LAND.

AND THEN HERE ON THE SCREEN, I ALSO JUST INCLUDED THE ZONING MAP SO THAT YOU COULD SEE THE AREA.

THIS IS THE FIFTH AND FINAL PHASE OF COUNTRY CLUB LAKES ESTATES, AND THIS IS THE ONLY PHASE THAT'S IN PUD ZONING.

SO THIS PROJECT HAS BEEN IN THE WORKS FOR QUITE A WHILE, AND THEY HAVE HAD CITIZEN PARTICIPATION MEETINGS THAT WERE HELD BACK IN 2020 AND 2021. AND THEY'VE MET ALL THE NOTIFICATION REQUIREMENTS AND WHY BOARD ACTION IS NEEDED IS PLANNING AND ZONING REVIEWS, PRELIMINARY SUBDIVISION PLAN APPLICATIONS AT THIS PUBLIC HEARING AND MAKES A RECOMMENDATION TO APPROVE, APPROVE WITH CONDITIONS OR DISAPPROVE.

SO THE APPLICATION REVIEW CRITERIA FOR PRELIMINARY SUBDIVISION PLAN ARE FOUND IN SEVERAL DOCUMENTS.

THEY'RE GOVERNED BY THE FLORIDA STATUTES, ALSO IN OUR COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE.

AND PREVIOUSLY WHEN THIS CASE CAME BEFORE CITY COUNCIL AND WAS APPROVED, THERE WERE SEVERAL CONDITIONS ON THAT APPROVAL IN ORDINANCE 2021 DASH 69.

SO I WAS GOING TO GO OVER THOSE THIS EVENING.

AND I ALSO WANTED TO NOTE AT THIS POINT THAT THE APPLICANT DID COME BACK FOR A FINAL DEVELOPMENT PLAN AMENDMENT, WHICH WAS SIMPLY TO ALLOW SINGLE FAMILY HOMES ON THE 43.5FT LOT.

43.5FT. LOTS WIDE LOTS.

I'M SORRY. AND THAT DOES NOT IMPACT ANYTHING OTHER THAN THE FACT THAT RATHER THAN BUILDING DUPLEXES, THEY WERE GOING TO PUT SINGLE FAMILY HOMES ON THOSE LOTS.

SO IT WOULD HAVE BEEN TWO LOTS, ONE DUPLEX.

NOW IT WOULD BE TWO LOTS, TWO SINGLE FAMILY HOMES.

SO THE DENSITY REMAINS 2.69 UNITS PER ACRE.

SO TO GO OVER ALL OF THE CONDITIONS THAT WERE OUTLINED IN THE FDP ORDINANCE.

THE FIRST FEW THAT I'VE BROUGHT UP, SO I BROUGHT ALL OF THEM ONTO THE SLIDES.

BUT THESE FIRST FEW.

THE APPROVAL OF THE SUBDIVISION PLAT AND OPINION OF TITLE.

SO THESE ARE THINGS THAT WE REVIEW ADMINISTRATIVELY, AND WE'RE NOW BRINGING THE SUBDIVISION PLAT TO YOU FOR THE PUBLIC HEARING.

THE SAME WITH THE DEVELOPMENT STANDARDS IN THE IN THE DECLARATION OF COVENANTS.

THEY PROVIDED THAT THAT'S SOMETHING THAT'S INCLUDED IN YOUR PACKETS AND HAS BEEN REVIEWED.

IT ALSO LISTED THE CONSTRUCTION PLAN APPROVAL, AND THE APPLICANT WAS REQUIRED TO DESIGN WATER AND SEWER SYSTEMS OF ADEQUATE SIZE TO ACCOMMODATE THE DEVELOPMENT.

SO THOSE ARE STANDARD PARTS OF ANY SUBDIVISION PROCESS, AND WATER AND SEWER DESIGN IS INCLUDED IN THEIR CONSTRUCTION PLANS, WHICH IS AN ADMINISTRATIVE APPROVAL. SO THAT'S ALREADY BEEN DONE.

SOME OF THE OTHER ITEMS THAT WERE REQUIRED.

THEY WERE REQUIRED TO PROVIDE BENCHES AND A WALKING TRAIL WITHIN TRACT OSD.

SO THAT HAS BEEN DONE.

AND YOU CAN SEE THAT ON THEIR CONSTRUCTION PLAN, WHICH WE'LL GET TO IN A MINUTE.

I CAN SHOW YOU WHERE THAT'S AT.

I HAVE INCLUDED THAT SHEET.

THEY WERE ALSO REQUIRED TO, I GUESS ORIGINALLY THEY HAD PROPOSED A MINIMUM 800 SQUARE FOOT HOMES.

THEY WERE REQUIRED TO BRING THAT UP TO 1600 SQUARE FEET.

SO THAT'S SOMETHING THAT'S DOCUMENTED IN THEIR DECLARATIONS.

AND I HAVE A LITTLE SNIPPET OF THAT TO SHOW YOU AS WELL.

THE NEXT ITEM WAS REGARDING THE DUPLEX UNITS.

THEY WERE TO BRING THOSE UP TO 1300 SQUARE FEET.

THEY'RE NOT PLANNING TO BUILD DUPLEX UNITS NOW, SO THAT NO LONGER APPLIES.

THEY WERE ALSO REQUIRED TO RESTRICT ANY PROPOSED SINGLE FAMILY HOMES ALONG THE PERIMETER, WHERE IT'S ABUTTING AN EXISTING SINGLE FAMILY HOME TO ONE STORY. SO THOSE THOSE LOTS ARE OUTLINED IN THEIR DECLARATIONS AS WELL.

APPARENTLY IT WAS REQUESTED THAT THEY CONSIDER MOVING THE MAIL KIOSK TO AN INTERIOR SITE.

AND AT THIS TIME, IT LOOKS LIKE IT'S STILL PROPOSED TO BE IN TRACK D NEAR THE ENTRANCE, WHICH IS PRETTY TYPICAL OF WHAT WE'RE SEEING FOR ALL SUBDIVISIONS NOW, IS THE POSTAL

[00:10:09]

SERVICE WANTS EASY ACCESS AND ONE POINT TO DELIVER ALL THE MAIL FOR COMMUNITY.

THEY WERE REQUIRED TO PROVIDE A SIX FOOT FENCE ALONG THE WEST BOUNDARY OF ISLAND GREEN VILLAS.

FROM THE PROPOSED NORTH WATER LEVEL TO THE SOUTH PROPERTY BOUNDARY OF THE MAIN PROPERTY, NOT INCLUDING THE ROADWAY STEM.

SO THIS FENCE IS SHOWN ON THEIR CONSTRUCTION PLAN.

IT'S NOTED TO BE LOCATED WITHIN TRACK D, SO IT'S CLEARLY SOMETHING THAT THE COMMUNITY WILL HAVE TO MAINTAIN, NOT THE ISLAND GREEN VILLAS.

AND THEY'RE REQUIRED TO PROVIDE A 20 FOOT MINIMUM BUILDING SETBACK FROM THE WEST PROPERTY BOUNDARY OF THE ISLAND.

GREEN VILLAS MAIN PROPERTY, NOT INCLUDING THE ROADWAY STEM.

SO THAT BUILDING SETBACK AFFECTS THREE OF THEIR LOTS.

IT'S SHOWN IN THEIR CONSTRUCTION PLAN.

IT'S NOTED IN THEIR DECLARATIONS, AND IT'S ALSO ON THE PLAT.

SO IT'S PART OF THE PERMANENT RECORD.

SO ON THE SCREEN HERE IS THE OVERALL LAYOUT OF THE SUBDIVISION FROM THE PLAT.

AND THEN ON THE NEXT PAGE I PULLED A SHEET FROM THE CONSTRUCTION PLAN.

I DON'T HAVE THE HIGHLIGHTER, BUT.

I DON'T KNOW WHERE IT'S AT.

OKAY. RIGHT WHERE YOU'VE GOT THE ARROW, THAT'S WHERE THE MAIL KIOSK IS.

AND THEN COMING OFF OF THAT LITTLE SECTION IS, IS TRACT OS OR IT'S NOW CALLED TRACT D, IT'S THE OPEN SPACE TRACT WHERE THEY HAVE THE WALKING TRAIL AND THE BENCH. IT'S A LITTLE FAINT, BUT IT'S COMING OFF OF THAT MAIL KIOSK CIRCLE.

AND THEN IF YOU'RE LOOKING IN THE VERY MIDDLE OF THE SCREEN AND YOU SEE THE TRIANGLE, THAT'S THE ISLAND GREEN VILLAS PROPERTY, THEY'RE KIND OF FLOATING THERE IN THE MIDDLE AND NOT PART OF THIS PLAT.

SO THERE'S A LINE ALL ALONG THERE.

I THINK THAT'S THEIR WESTERN BOUNDARY, AND THAT IS THE 20 FOOT SETBACK LINE FROM THEIR PROPERTY.

SO YOU CAN SEE THAT IT REALLY ONLY IMPACTS THOSE LAST THREE LOTS.

THEY CAN'T BUILD ANY PERMANENT STRUCTURES WITHIN THAT AREA.

AND THEN ON THE NEXT SCREEN.

I JUST PULLED UP SO THAT YOU COULD READ IT.

I JUST PULLED THE SECTIONS OUT OF THEIR DECLARATIONS.

SO THE FIRST ONE IS THEIR RESTRICTION ON THE TWO STORY HOMES.

IT LOOKS LIKE THROUGHOUT ALL THE PHASES OF COUNTRY CLUB LAKE ESTATES, THIS WAS REQUESTED.

AND IT'S THE VERY LAST SECTION.

IT'S GOING TO SAY LOTS ONE THROUGH 1749 THROUGH 59 AND 93 THROUGH 132 RESERVE AT COUNTRY CLUB LAKE ESTATES PHASE FIVE.

SO THOSE ARE THE ONES IN THIS PLOT THAT ARE RESTRICTED TO ONE STORY.

AND IT ALSO IS NOTING AGAIN THERE THOSE THREE LOTS THAT HAVE THE EXTRA 20 FOOT SETBACK FROM THE ISLAND GREEN VILLAS AND THEN THE LAST. I'M SORRY.

THAT'S IT. AND THEN THIS, THIS RIGHT HERE IS WHERE THEY NOTED IN THEIR DECLARATIONS THE MINIMUM SQUARE FOOTAGE OF 1600 SQUARE FEET IS REQUIRED FOR ALL THE SINGLE FAMILY HOMES.

SO STAFF IS RECOMMENDING APPROVAL OF THIS PRELIMINARY SUBDIVISION PLAN, AND THE PLANNING AND ZONING BOARD MUST RECOMMEND TO CITY COUNCIL WHETHER TO APPROVE, APPROVE WITH CONDITIONS OR DISAPPROVE THE APPLICANT'S REQUEST.

THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.

STAFF IS AVAILABLE ALSO.

THANK YOU MA'AM.

THIS TIME TURN TO THE BOARD AND ASK, DO WE HAVE ANY QUESTIONS FOR STAFF? YES, SIR. MISTER CHAIR PLEASE.

MISTER WARNER, THE I'M SORRY, MISS RAMOS.

THE 74.24 ACRES THAT IS ALREADY IN.

IS THAT INCLUDING ALL FIVE PHASES, OR IS THIS A DIFFERENT PHASE? THAT'S JUST THIS PHASE.

THAT'S JUST THIS. WHAT WE'RE PLANNING HERE? YES. ALL RIGHT.

AND THE SECOND QUESTION IS, ARE THERE ANY CONDITIONS THAT HAVEN'T BEEN MET? NO. THEY'VE MET ALL THE CONDITIONS.

THEY MET ALL THEIR CONDITIONS.

ALL RIGHT. THANK YOU. OTHER QUESTIONS FOR STAFF.

I'LL JUMP IN REAL QUICKLY.

I'M READING 199 LOTS AND THEREFORE 199 SINGLE FAMILY HOMES.

IS THAT RIGHT? AND I'LL ASK YOU, AND I'M SURE THE APPLICANT WILL SPEAK TO IT TO SOME DEGREE.

BUT WHAT STAGE OF PLANNING ARE WE IN RELATED TO ANALYSIS OF TRAFFIC AND JUST THAT OVERALL CORRIDOR, MOST NOTABLY LIKE THE SURROUNDING AREAS LIKE PORT MALABAR AND BABCOCK. AND SO THAT WAS ALL DONE WITH THE CONSTRUCTION PLANS AND THAT WAS APPROVED ADMINISTRATIVELY.

[00:15:08]

THE POINT THAT WE'RE AT NOW, I BELIEVE THEY HAVE COMPLETED MOST OF THE CONSTRUCTION OF THE SUBDIVISION, AND THEY'VE POSTED A PERFORMANCE BOND FOR WHAT'S REMAINING, BUT I THINK THEY'RE PRETTY CLOSE TO COMPLETION.

I THINK SCOTT COULD TELL YOU MORE ABOUT THAT.

SO PLANNING IS JUST THE FORMALITY OF CREATING THESE LOTS FOR THEM.

SO WE'VE SEEN THE TRAFFIC RESEARCH AND TO IN STAFF'S ADMINISTRATIVE OPINION, THE CURRENT CONDITIONS OR DO THEY HAVE IMPROVEMENTS PLANNED BEFORE THESE HOMES EXIST? THEY WEREN'T THEY WEREN'T REQUIRED TO MAKE ANY PROOF.

OKAY. SO JUST WITH THE CURRENT CONDITIONS, THEY WERE REQUIRED TO MAKE ANY.

NO. OKAY.

I APPRECIATE THAT CLARIFICATION.

SO AT THIS TIME, WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND GIVE YOUR PRESENTATION? SORRY, I DIDN'T I DIDN'T MAKE A PRESENTATION.

I WAS REALLY JUST HERE TO ANSWER QUESTIONS BECAUSE I ASSUMED WE WERE GOING TO HAVE SOME QUESTIONS.

MY NAME IS SCOTT BUSSON.

I WORK FOR LANDSEA HOMES.

I'M A LAND DEVELOPMENT MANAGER FOR THEM.

SOME OF YOU MAY BE FAMILIAR WITH THE PROJECT.

I'VE BEEN INVOLVED WITH IT FOR PROBABLY FOUR YEARS, SINCE JACK SPEER SOLD IT TO VINTAGE ESTATE HOMES.

VINTAGE ESTATE HOMES WAS BOUGHT BY LANDSEA HOMES AND TURNED OUT THAT THEY'RE THE DEVELOPER.

SO I ENDED UP AS A CONSULTANT AND ENDED UP WITH A FULL TIME JOB WITH LANDSEA WHEN THEY BOUGHT OUT VINTAGE, WHICH IS THE OLD MERCEDES HOMES. BUT BASICALLY EVERYTHING TANYA SAID IS IS WHAT IT IS.

I MEAN, WE'VE GOT 199 LOTS OUT THERE.

THEY'RE ALL GOING TO BE SINGLE FAMILY.

1600 SQUARE FOOT MINIMUM.

THE LOTS ON THE PERIMETER ARE ALL 80 FOOTERS.

YOU KNOW, AND THEY ALL HAVE TO BE SINGLE STORY HOMES.

SO THAT'S ALL THAT'S IN THE FIFTH AMENDMENT TO THE HOA AMENDMENT DOCUMENTS THAT WE'RE GOING TO SUBMIT WITH THE PLAT.

ALL THAT'S GOING TO GET SUBMITTED SIMULTANEOUSLY WITH, YOU KNOW, GETTING THE PLAT RECORDED.

OKAY. SO AT THIS POINT, I'LL SAY ANY QUESTIONS TO THE APPLICANT AT THIS TIME.

BOARD MEMBERS. I HAVE A QUESTION.

MR.. GOOD. I SAW IN OUR IN OUR PACKET THERE WAS A SOME, SOME PEOPLE THAT ARE BEING AFFECTED BY SOME, SOME FLOODING.

IT LOOKS LIKE MAYBE THE THE ELEVATION CURRENTLY OF THE, THE AREA THAT YOU'RE CLEARING LAND ON IS MAYBE A LITTLE HIGHER THAN SOME OF THESE HOMES THAT ARE 30, 40 YEARS OLD, RIGHT.

BUT COULD YOU MAYBE EXPAND ON THAT? WHAT WHAT YOUR EXPERIENCE? WHAT WHAT HAS TRANSPIRED WITH YOUR.

YEAH, I WILL ACTUALLY TANYA SENT ME THE EMAIL THIS AFTERNOON.

I JUST HAD A BRIEF MINUTE TO LOOK AT.

IT IS REALLY THE FIRST I'VE HEARD OF ANY ISSUES.

I KNOW WE HAD AN ISSUE RIGHT AFTER THE HURRICANE.

I THOUGHT THAT WAS JUST, YOU KNOW, WE HAD A LOT OF RAIN DURING THE HURRICANE.

BUT I DID LOOK AT THE PLAN THE OTHER DAY JUST BECAUSE I WANTED TO SEE WHAT WHAT THE CONTRACTOR NEEDED TO FINISH UP ON THAT, YOU KNOW, SIDE OF THE PROPERTY, THE EAST SIDE.

AS FAR AS I CAN TELL.

AND I'M NOT THE ENGINEER, OBVIOUSLY, BUT IN LOOKING AT THE PLAN, YOU KNOW, EVERYTHING IS SET UP FOR US TO ACCEPT DRAINAGE FROM OFF SITE BECAUSE TYPICALLY, JUST LIKE ON PHASES ONE THROUGH FOUR, ON THE OTHER SIDE, YOU KNOW, WE HAVE TO ACCEPT DRAINAGE.

THAT'S HISTORICAL.

SO. AND THEN LIKE I SAID, THE ENGINEER IS NOT HERE TO EXPLAIN IT, BUT THE WAY I READ IT, YOU KNOW, THE ELEVATIONS ON THOSE HOMES ARE GOING TO BE EITHER HIGHER OR EQUAL TO WHAT WE HAVE, WHERE WHERE OUR PROPERTY STARTS.

SO AND I'M NOT SURE HOW THE FLOODING HAPPENED.

AND LIKE I SAID, I REALLY JUST GOT THE INFORMATION TODAY AS TO A COUPLE PEOPLE THAT HAD MADE MADE EMAILS ABOUT IT.

SO I HAVEN'T HAD A CHANCE TO LOOK INTO IT, BUT I DID JUST LOOK AT THE PLANS A COUPLE DAYS AGO FOR THAT, JUST TO SEE WHAT THE CONTRACTOR NEEDED TO FINISH UP OUT THERE.

BUT AS FAR AS IT GOES, I KNOW ON THE SOUTH END, THE SOUTHEAST END OF THE PROPERTY, I KNOW WE HAVE THERE'S TWO DRAINAGE AREAS THAT RUN ALL THE WAY TO THE BACK OF THE LOTS. AND, YOU KNOW, EVERYTHING IS BUILT TO FLOW THAT WAY AND ACCEPT THAT DRAINAGE AND TAKE IT ONTO OUR PROPERTY.

AND ON THE NORTH EAST SIDE OF THE PROPERTY, THERE'S A LARGE TREE PROTECTION AREA THAT DOESN'T GET TOUCHED.

WE'RE NOT GOING TO WE'LL MOW IT, BUT WE'RE NOT GOING TO GRADE ANYTHING UNDER THAT.

BUT IT'LL END UP BEING A CATCH ALL IF YOU KNOW THAT'S WHAT HAPPENS.

BUT LIKE I SAID, THE PLAY, WE'D HAVE TO LOOK AT THE PLANS AS FAR AS THE ELEVATIONS ALONG THAT EDGE AND THE WAY I READ

[00:20:01]

IT, EVERYTHING EITHER FLOWS ONE WAY OR THE OTHER INTO BASINS OR CATCH AREAS.

NOW, IF THEY HAD SOME ISSUES WITH ALL THAT RAIN WE HAD, I DON'T YOU KNOW, WE'RE IN VARIOUS STAGES OF CONSTRUCTION THROUGHOUT, SO I CAN'T REALLY SPEAK TO EXACTLY WHAT HAPPENED AT THAT TIME.

AND I KNOW TO SOME OF THE DATES WE'RE BACK IN SEPTEMBER, OCTOBER AND SOME OTHER STUFF, SO I CAN'T I WASN'T LIKE I WASN'T NOTIFIED AT THE TIME, SO I DIDN'T GET MY EYES ON IT, YOU KNOW WHAT I MEAN? AND A LOT OF PEOPLE AT THE CITY HAVE MY PHONE NUMBER THAT IF THERE'S AN ISSUE, THEY CALL ME AND I GO OUT, I LOOK AT IT, I DEAL WITH THE CONTRACTOR AND TRY TO GET IT SETTLED.

YOU KNOW, WE'VE HAD A LOT OF DIFFERENT THINGS HAPPEN OUT THERE THAT I THINK WE'VE DONE A VERY GOOD JOB GETTING THEM FIXED IN A VERY TIMELY MANNER.

AND I APOLOGIZE THAT THAT DIDN'T MAKE IT TO ME.

AND, YOU KNOW, HAD IT MADE IT TO ME MUCH EARLIER, I WOULD HAVE DEFINITELY HAD THE CONTRACTOR LOOK INTO IT.

WE HAD AN ISSUE ON THE THE BAHAMA BAY SIDE OVER THERE WHERE, YOU KNOW, WE HAD SOME DIRT PILED UP EARLY ON AND, YOU KNOW, THEY HAD A PROBLEM WITH TURBIDITY IN THEIR POND.

AND I MET WITH DEPP OUT THERE.

I MET WITH SAINT JOHN'S OUT THERE.

I HAD THE CON, WE PUT IN AN EXTRA ROW OF SILT FENCE.

I HAD THE CONTRACTOR DIG A LITTLE RIM DITCH AROUND IT, AND IT'S THE FIRST TIME SAINT JOHN'S EVER CALLED ME BACK AND SAID THANK YOU.

THEY WERE VERY HAPPY WITH IT WHEN THEY WENT OUT AND LOOKED AT IT AGAIN.

BUT GOTCHA.

SO, SO NOW THAT YOU KNOW ABOUT THIS PROBLEM, DO YOU PLAN TO WORK WITH THE HOMEOWNER? AND WE'RE GOING TO I'M GOING TO LOOK INTO SEEING WHAT'S I GUESS.

YEAH, I'M WELL, I'M GOING TO HAVE TO HAVE THE ENGINEER TAKE A DEEPER LOOK INTO THE PLAN AND SEE WHAT HOW THAT WOULD HAVE HAPPENED.

YOU KNOW, HE'S GOING BY EXISTING ELEVATIONS FROM SURVEYS.

SO IT SHOULD HAVE IT SHOULDN'T HAVE HAD THAT PROBLEM.

NO. OKAY.

THANK YOU, MR. CHAIRMAN. YES, SIR.

COULD THE STAFF INDICATE WHERE THESE HOMEOWNERS HOUSES ARE ON THE MAP IN RELATION TO THE PROPERTY IN QUESTION? I DON'T HAVE IT ALREADY MAPPED.

WE WOULD HAVE TO PULL UP THE PROPERTY APPRAISER AND TRY TO LOCATE EACH ONE JUST FROM THE LETTERS THAT WE RECEIVED.

THAT'S WHAT I WAS, I WAS WONDERING.

I COULDN'T I COULDN'T FIGURE THAT OUT ON THE FLY.

LOOKS LIKE THE ADDRESS IS ON PORT MALABAR BOULEVARD SIX 9700.

THE ADDRESS IS BECAUSE ONE IS MY HOUSE.

ONE IS ALSO MY NAME.

THERE YOU GO. WE'LL GET TO PUBLIC COMMENTS HERE IN JUST A MOMENT, SIR.

WE'LL BE HAPPY TO HEAR FROM YOU AND EVERYONE ELSE THAT WANTS TO TALK ABOUT IT.

I WANT TO TRANSITION US TO THAT.

WE HAVE QUESTIONS HANDLED HERE.

QUESTIONS FOR THE APPLICANT.

JUST ONE MORE. MR. WARNER, PLEASE.

YES, SIR. I KNOW WE'RE GOING TO BE COMING INTO THE FINAL PLAT SOON.

SO WHAT? WHAT PERCENTAGE OF THIS OF THIS PROPERTY HAS ALREADY BEEN CLEARED? CLEARED? YES, SIR.

THE WHOLE PROJECT, THE WHOLE. THE WHOLE THING.

WE WERE PROBABLY LEGITIMATELY ONE MONTH AWAY FROM WORKING TOWARD A CLOCK ON THE PROJECT.

AND THIS WASN'T THIS PROPERTY.

THIS PARTICULAR PARCEL WASN'T THERE WASN'T ANY REQUIREMENTS FOR RETENTION POND OR OR PIPING FOR FLOODING.

YEAH. THERE'S A SIGNIFICANT AMOUNT OF RETENTION ON THIS PROPERTY.

WE'VE MET WE'VE WE'VE MET OVER AND ABOVE ON THE AMOUNT OF RETENTION THAT WE HAVE.

WE ALSO ACCEPT DRAINAGE OFF OF RIVIERA DRIVE.

WE ACCEPT DRAINAGE COMING FROM THE NORTH END OF THE PROPERTY.

ALL THAT DRAINAGE GOES, FUNNELS THROUGH OUR PROPERTY AND OUT INTO PHASE ONE OF COUNTRY CLUB ON THE OTHER SIDE OF COUNTRY CLUB DRIVE.

ALL RIGHT. ALL RIGHT.

THANK YOU SIR.

THANK YOU SIR. FOR NOW, IF YOU WOULD JUST HANG OUT FOR ANY PUBLIC COMMENT AND QUESTIONS.

SO FOR THE RECORD, THERE ARE MULTIPLE LETTERS IN THE FILE REGARDING THIS CASE, AND I'M GOING TO OPEN THE FLOOR FOR PUBLIC COMMENT AND ASK, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? OKAY. SEEING NONE, I'M GOING TO ASK, IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION TO THIS REQUEST? ALL RIGHT. SO I'LL JUST START IN THE FRONT ROW, MA'AM.

FLETCHER.

MY NAME IS JANE HOLSTEIN.

I LIVE AT 1035 RIVIERA.

I QUESTION, DO YOU WANT MORE INFORMATION NOW OR.

I HAVE IT ON THE PAPER.

THAT'S PERFECT, MA'AM. THANK YOU.

OKAY. I QUESTION WHAT SHE SAID ABOUT WATER AND SEWER.

[00:25:03]

I DIDN'T HEAR THAT.

COULD SHE TELL ME AGAIN OR.

YEAH. SO WHAT WE CAN DO IS WE'LL HEAR YOUR FEEDBACK AND ALL YOUR NEIGHBORS AND EVERYTHING TOO.

AND WE'LL MAKE NOTE OF THE INQUIRIES.

AND THAT'LL BE THE FIRST ONE THAT WHEN WE CIRCLE BACK, WE'LL SAY WE'LL GO TO THAT SECTION AND SAY WHAT THAT BULLET POINT WAS FOR YOU.

SO SHARE THE REST OF YOUR FEEDBACK WITH US AND WE'LL DO THAT.

MY NEIGHBORS AND I WERE CONCERNED ABOUT THE WATER AND SEWER.

AND WILL IT BE ATTACHED TO OUR LAND ON RIVIERA OR.

THAT'S MY REAL QUESTION.

IF THEY'RE JUST DOING THEIR OWN.

OKAY. BUT IF THEY'RE ATTACHED TO OURS, WE NEED TO TALK ABOUT THAT.

AND THE OTHER THING THAT WE WANTED TO KNOW ABOUT WAS, AS FAR AS I CAN SAY, THERE'S ONLY ONE EXIT AND ENTRANCE TO THAT SUBDIVISION, AND IT COMES OUT ON RIVIERA RIGHT AT ELBOW, AND WE JUST DON'T NEED MORE TRAFFIC ON RIVIERA. WE IT'S A PASS THROUGH.

WHEN PALM BAY ROAD WAS BEING FOUR LANED OR THREE LANED, WHATEVER THE OTHER LANE GOING ON.

PEOPLE LEARNED THAT THEY COULD COME RIVIERA AND GET THERE OR THERE, AND THEY SPEED THROUGH LIKE CRAZY.

WE, MY NEIGHBOR, MY NEXT DOOR NEIGHBOR, AND I AT FIRST CALLED POLICE UMPTEEN TIMES AND SAID, YOU GOT TO PUT SOME SIGNS UP HERE.

SO WE DO HAVE SOME SIGNS NOW THAT SAY THE SPEED LIMIT IS 35, BUT WE'VE HAD WRECKS, WE'VE HAD PEOPLE RUN IN AND COME OUT OF THEM. AND RUN INTO THE FENCE OF BIMINI BAY.

BIMINI BAY IS ON THE FRONT OF THIS PROPERTY.

AND IN THE SPRING WE HAD, I DON'T KNOW HOW YOUNG SHE WAS, MAYBE 20, BUT PROBABLY LESS. FLIP A CAR RIGHT IN FRONT OF OUR HOUSE AND TAKE DOWN OUR MAILBOX, WHICH IS LIKE FIVE FEET IN THE GROUND.

STONES. I DON'T KNOW HOW HARD SHE HAD TO HIT IN ORDER TO KNOCK IT OVER.

KNOCK IT UP OUT OF HIS HOLE.

SO, MA'AM, I'LL JUST ASK YOU TO BRING YOUR COMMENTS TO TO A CLOSE AND JUST SAY, AS GERMANE TO THIS CASE AND THIS PROPERTY AND THIS PARCEL AS YOU CAN.

I THOROUGHLY OBJECT TO THIS.

WE PUT UP WITH IT FOR A COUPLE OF YEARS NOW.

WE HAD DUST BLOWING EVERYWHERE, AND THE AREA JUST DOESN'T NEED 199 PEOPLE IN IT.

OR WHAT'S MORE LIKELY, 400 PEOPLE OR MORE.

AND THAT MANY CARS.

SO I WISH THEY WOULD SHOW ME ANOTHER WAY THAT IT THAT THEY'RE GOING OUT IN AND OUT AND FOR SURE WHERE THOSE MAILBOXES ARE.

OKAY. WELL, THANK YOU VERY MUCH FOR SHARING THIS EVENING.

WE APPRECIATE THAT. OKAY.

OH, AND I JUST PUT THAT IN THE BOX.

YES, MA'AM. THANK YOU. ALRIGHT.

WHO WOULD LIKE TO BE NEXT? GOOD EVENING. THANK YOU GUYS FOR YOUR TIME.

I KNOW YOU VOLUNTEER, AND I APPRECIATE THAT.

MY NAME IS CHERYL RITTENHOUSE.

I LIVE AT 1044 ELEUTHERA DRIVE, NORTHEAST PALM BAY.

I'VE BEEN THERE SINCE 2019.

BEFORE THAT, I LIVED ON FAIRWAY COURT, WHICH WAS A PENINSULA THAT CAME OUT WHERE THIS DEVELOPMENT IS GOING TO BE.

OUR ASSOCIATION MET WITH THE ORIGINAL DEVELOPER, MERCEDES, AND SAT DOWN AND DEVELOPED A PLAN BETWEEN OUR DEVELOPMENT THAT IS OVER 20 YEARS OLD AND THE DEVELOPMENT THAT'S IN THE MIDDLE, THAT'S ALSO A MUCH OLDER, AGED NEIGHBORHOOD IN OUR NEIGHBORHOOD.

IT'S NOT A 55 PLUS, BUT MOST EVERYBODY IN THE NEIGHBORHOOD IS OVER THE AGE OF 55, INCLUDING ME.

AND WE MET WITH THEM, AND THEY WERE VERY GOOD WITH US AND THE THINGS THAT WE ASKED AND EXPECTED.

FOR INSTANCE, WE HAVE SOME LOTS FOR OURS THAT ARE GOING TO BUTT UP RIGHT NEXT TO EACH OTHER.

OKAY. AND THEN THERE'S A SWALE THAT GOES DOWN.

THEY'RE GOING TO BUILD TWO STORY HOUSES RIGHT ALONG THERE.

SO NOW WE HAVE PEOPLE WITH BIG BALCONIES THAT ARE GOING TO BE LOOKING OUT INTO ANOTHER TWO STORY HOUSE RIGHT BEHIND THEIR HOUSE.

I HAVE ONE QUESTION FOR YOU GUYS, AND THAT IS HAVE ANY OF YOU GUYS DO YOU I DON'T KNOW WHAT YOU DO EXACTLY.

DO YOU GO OUT TO THE AREAS AND LOOK AT THEM AND SEE WHERE THESE BUILDINGS ARE AND WHAT THEY'RE BUILDING? ANYBODY ON THE BOARD? AM I ALLOWED TO ASK THAT?

[00:30:01]

IT'S MORE OF A FEEDBACK SESSION, MAN.

SO YOU JUST GIVE US ALL THE FEEDBACK YOU HAVE AND WE JUST COLLECT IT AND WE'LL GET YOUR QUESTIONS ANSWERED.

IF YOU HAVEN'T BEEN OUT THERE TO THE NEIGHBORHOODS THAT ARE THERE BEFORE THEY START BUILDING THESE HOUSES, I WOULD RECOMMEND THAT SOMEBODY DO THAT, BECAUSE I CAN TELL YOU THAT LOOKING AT THESE PICTURES AND THE DESCRIPTIONS DON'T MAKE SENSE AND DON'T MATCH TO WHAT WE SEE FOR THE LAST COUPLE YEARS SINCE I'VE LIVED THERE.

I LIVE AT 1044 WHERE I HAVE WATER BEHIND ME AND I HAVE WITNESSED.

OKAY, I'M GOING TO. I AM LIKE THE CZAR OF THE POND.

NOW WE HAVE A LOT OF TURTLES OUT THERE, BEAUTIFUL TURTLES THAT I GO OUT THERE AND I FEED.

IT'S A SANCTUARY BACK THERE.

IT'S BEEN BEAUTIFUL THAT ALL OF THAT LAND BACK THERE HAD FOXES.

WE HAD AN EAGLE, THE EAGLE'S NEST BACK THERE, ALL KINDS OF STUFF BACK THERE THAT ALL OF A SUDDEN, WITHOUT NOTICE, ALL OF THE NEIGHBORS THAT LIVE IN OUR NEIGHBORHOOD AND AROUND SAW BULLDOZERS AND STUFF, TEARING EVERYTHING UP AND TEARING IT ALL DOWN.

AND IT WAS HORRIBLE.

WE HAD BATS COME INTO OUR HOUSES BECAUSE THEY DIDN'T THINK TO PUT BAT HOUSES UP TO SAVE THE BATS, WHICH WE'RE LOSING IN PALM BAY, AND THEY'RE IMPORTANT.

THEY WERE COMING INTO OUR HOMES BECAUSE THEY HAD NO PLACE TO GO, BECAUSE THEY TORE ALL THE TREES DOWN.

OKAY. MOST OF THE TREES DOWN.

HUNDRED YEAR OLD TREES.

THAT'S A REAL PROBLEM, I THINK, WHEN IT COMES TO PRESERVING OUR COMMUNITY.

THE OTHER THING IS, WITH THE AREA THAT I'M IN, I CAN'T SPEAK FOR THE REST OF THE AREAS.

I CAN SPEAK FOR THE AREA THAT MY NEIGHBORHOOD IS IN AND SPEAK FOR MY NEIGHBORHOOD ON THIS.

OUR HOUSES HAVE COVERED IN FILTH, BLACK DIRT THAT YOU HAVE TO CLEAN OFF, AND I'M TALKING ALL THE WAY INTO THE FRONT.

THERE WERE MOUNDS OF DIRT AND STILL MOUNDS OF DIRT OUT THERE THAT ARE 30 FOOT TALL.

THAT'S NOT AN EXAGGERATION.

15. 20.

I'M TELLING YOU, THE MOUNDS ARE RIDICULOUS.

AND THEY WERE RIGHT BEHIND A PORTION OF OUR UNITS THAT HAVE BEEN MOVED.

BUT THERE'S STILL MORE STUFF OUT THERE.

WHEN YOU GUYS HAVE PEOPLE GOING OUT AND BUILDING, I SHOULDN'T HAVE TO BE THE BABYSITTER FOR THE EMPLOYEES THAT ARE OUT THERE WORKING ON THE CONSTRUCTION SITE.

ON THE CONSTRUCTION SITE, WE'VE HAD GUYS COMING DOWN BECAUSE I SIT BACK THERE BECAUSE I GOT TO BE THE BABYSITTER.

HOWEVER, I'M NOT THERE ALL THE TIME BECAUSE I TAKE CARE OF MY 80 YEAR OLD, 83 YEAR OLD DAD UP IN FORT WHITE.

SO WHEN I COME BACK, I EXPECT TO SEE MAYBE A LITTLE BIT OF BETTER STUFF HAPPENING BACK THERE.

THEY HAVE FILLED UP THE POND NOW WITH RUNOFF.

I'VE HAD TO CALL MULTIPLE TIMES TO HAVE THE SCREEN FENCES PUT UP.

THEY PUT THEIR SIDEWALKS IN.

THEY DIDN'T DO THAT, AS FAR AS I KNOW.

THEY DIDN'T DO THE MA'AM, I JUST WANT TO LET YOU KNOW YOU'RE COMING TO AN END TO YOUR TIME.

EVERYBODY GETS THREE MINUTES.

I WANT TO HEAR YOU OUT.

SO JUST COME TO THAT CONCLUSION PHASE AND LET'S JUST HEAR YOU OUT ON THIS PARTICULAR.

YOU HAD AN AGREEMENT WITH THE ORIGINAL DEVELOPER.

LANCEY NEVER CAME TO US TO ASK US WHAT OUR AGREEMENT WAS.

WE WERE SUPPOSED TO HAVE HOUSES THAT WERE APPROPRIATE TO WHAT WE HAD.

THEY'RE NOT SUPPOSED TO BUILD ANY TWO STORIES OVER A ONE STORY, BUT THEY HAVE NOW COMBINED AND MADE IT VERY SMALL.

THE MEMBERS THEY PUT UP THERE BEFORE WERE WRONG 800 WHEN THEY HAD IT FROM THE DEVELOPER BEFORE, WHERE IT WAS GOING TO BE 800 SQUARE FOOT TO 1300 SQUARE FOOT IS ABSOLUTELY INCORRECT.

WE HAD A MEETING WITH THEM AND THEY AGREED TO US THAT THEY WOULD ALL BE 1400 SQUARE FOOT.

IT SET UP THERE THAT THE DUPLEXES WERE ONLY GOING TO BE SO MANY SQUARE FOOT FOR EACH ONE.

THAT IS NOT THE AGREEMENT THAT WE HAD FOR THE DUPLEXES.

THE DUPLEXES WERE SUPPOSED TO BE AT LEAST THE MINIMUM OF WHAT OURS ARE FOR SQUARE FOOT AND THE OTHER SIDE TO MAINTAIN.

THEY'VE DAMAGED THE WATERWAY.

I'VE HAD GUYS GOING DOWN THERE WASHING CEMENT OUT IN THE WATERWAY, WHICH IS AN ABSOLUTE VIOLATION, WITH THEIR SUPERVISOR STANDING THERE AND ME HAVING TO GO DOWN TO THE WATER AND SAY, GET OUT OF THE WATER WITH THE CEMENT AS THEY'RE DOWN THERE WASHING ALL THEIR TOOLS FROM THE SIDEWALK, THE SIDEWALK.

THEN AFTER A STORM BLEW OUT.

WE APPRECIATE YOU SHARING.

WE REALLY DO WANT TO HEAR FROM YOU.

WANT TO HEAR FROM EVERYBODY TONIGHT.

THANK YOU SO MUCH FOR SHARING.

WHO WANTS TO BE NEXT? THIS GENTLEMAN PLEASE.

MY NAME IS MICHAEL VALLEY.

I LIVE AT 1064 ELEUTHERA DRIVE IN BIMINI BAY.

THIS WHOLE CONSTRUCTION IN TERMS OF LANCET.

THEY'RE NOT GOOD NEIGHBORS AT ALL.

I WOULD LIKE TO SHOW YOU ON THE MAP HERE THIS EVENING, THEY TALKED ABOUT THE PERIMETER FENCE AT ISLAND GREEN ON BOTH SIDES.

[00:35:02]

THE CITY COUNCIL, WITH THEIR LAWYER APPROVED AT BIMINI BAY THAT THERE WOULD BE A PERIMETER FENCE PLACED.

AND I WANT TO SHOW YOU WHERE THAT'S AT.

WE WON'T BE ABLE TO HEAR YOU.

WE WON'T BE ABLE TO HEAR YOU ONCE YOU'RE OFF THE MICROPHONE.

SO IT WON'T GO ON THE RECORD UNTIL YOU SPEAK IT INTO THE MICROPHONE.

SO WE'RE LOOKING AT THE SOUTHWEST CORNER OF THE PROPERTY.

THE GENTLEMAN IS SHOWING US THIS IS ISLAND.

YOU GOT TO COME BACK TO THE MICROPHONE, SIR.

WE WE SEE WHERE WE'RE AT NOT TO SPEAK TO IT.

EVERYTHING GETS RECORDED AND TRANSCRIBED.

AND WE WANT ALL OF YOUR FEEDBACK ON THAT.

I UNDERSTAND THE AGREEMENT AND WAS APPROVED BY CITY COUNCIL OVER A YEAR AGO, AND THEY AGREED THAT WE WOULD GET A PERIMETER FENCE UP TO THE POINT WHERE WE HAVE A POND, AND THEN THEY WOULD PROVIDE BUSHES AND LANDSCAPING ALONG THE REST OF WHERE THE POND GOES AROUND THE CORNER. WHEN THEY FIRST CAME ON THE PROPERTY THEY WERE SUPPOSED TO BE NO WATER OR ANY DRAINAGE INTO OUR POND.

AND THE FIRST THING THEY DID WAS TO DRAIN WATER FROM THE GOLF, THE PREVIOUS GOLF COURSE, THE SITES OF THE NEW HOMES INTO OUR POND WITH TONS OF MUD AND SLUDGE IN THERE.

THAT HAS REALLY PRETTY MUCH RUINED OUR POND.

WE'RE LUCKY THAT WE HAVE ANY TURTLES LEFT IN THERE.

THESE MOUNDS THAT SHE TALKED ABOUT THAT ARE 30 FOOT TALL.

ESPECIALLY IN FRONT OF BIMINI BAY.

THEY DIDN'T WATER ANYWHERE NEAR TO KEEP THAT DUST DOWN, AS WAS AGREED UPON.

SO WHAT I'M ASKING IS, BEFORE YOU WOULD EVER APPROVE THIS, THAT THEY WOULD AGREE.

AND IF HE'S HERE RIGHT NOW, THEY COULD ASSURE US THAT WE'RE GOING TO GET THAT PERIMETER FENCE THAT THE CITY COUNCIL APPROVED.

IN AGREEMENT WITH THE ATTORNEY FROM THE BASTARD.

WHAT'S THAT? COMPANY? YEAH. THE DEVELOPER.

SO WE'VE JUST BEEN LIED TO OVER AND OVER AGAIN, AND I WOULD ASK THAT THIS NOT BE APPROVED UNTIL THOSE THINGS CAN BE RECTIFIED.

ALL RIGHT. WELL, THANK YOU FOR SHARING, SIR.

THANK YOU VERY MUCH FOR BEING HERE THIS EVENING.

WHO WOULD LIKE TO BE NEXT, SIR? HELLO. AND THANK YOU FOR HEARING US OUT TONIGHT.

MY NAME IS CHRISTOPHER ROSS.

I LIVE AT 696 PORT MALABAR BOULEVARD.

MYSELF, MY NEIGHBOR BESIDE ME, AND THE OTHER BRIAN HOLDER.

WE SENT A LETTER ALONG WITH PICTURES THAT ARE PRINTED OUT.

SO EARLIER THE APPLICANT WAS TALKING ABOUT EXISTING SURVEYS AND THE LAND BEING EQUAL.

I CAN TELL YOU THAT WHILE SITTING IN BRIAN HOLDER'S LIVING ROOM OR SITTING ON HIS COUCH, WE'RE LOOKING OUT.

HE'S GOT A PRIVACY FENCE.

WE CAN LITERALLY SEE THE TOP HALF OF THE TIRE OF THE OF THE DUMP TRUCK GOING BY, LIKE, NOT JUST THE TIRE, BUT THE WHEEL, WE CAN SEE.

SO I WAS LIKE, OH MY GOSH.

AND HE'S LIKE, YEAH, COME HERE AND LOOK.

WE WENT LOOKED OVER HIS FENCE.

THERE'S A FOUR FOOT DIFFERENCE.

SO EARLIER HE WAS SAYING THAT EVERYTHING RUNS TO HIM.

YOU'D HAVE TO RUN FOUR FOOT UPHILL TO RUN AWAY FROM US.

SO I DON'T UNDERSTAND THAT.

SO YOU SAY THE APPLICANT SAID THAT HE SEES IT ON PAPER AND EVERYTHING.

BUT HAS HE WALKED OUT THERE AND PHYSICALLY SEEN IT? I HAVE PICTURES FROM ALL MY NEIGHBORS AND YOU LOOK DOWN AND IT'S QUITE IT'S ALMOST THIS DIFFERENCE FROM HERE TO THE TOP OF YOUR DESK THERE. IT'S IT'S ABSURD.

DURING THE HURRICANE, I'M MYSELF, AND MOST OF MY NEIGHBORS ARE GLAD THAT IT TURNED NORTH AND WE DIDN'T GET AS MUCH RAIN.

I HAVE A VIDEO, AND I'VE SENT PICTURES WHERE THERE'S LITERALLY A LAKE, OR THE MORE THAN HALF OF MY YARD IS UNDERWATER, AND IT'S RUNNING ON BOTH SIDES OF MY HOUSE.

LUCKILY, MY HOUSE SITS A LITTLE BIT HIGHER THAN MY NEIGHBORS, BUT MY NEIGHBOR TO MY NEIGHBOR TO MY LEFT.

IT WENT RIGHT UP TO HIS HOUSE.

BRIAN, WHICH IS TWO HOUSES IN THE OPPOSITE DIRECTION, SAID IT CAME RIGHT UP TO HIS HOUSE.

AND LUCKILY IT DIDN'T GET OVER THE LEDGE THAT GOES INTO THE HOUSE.

YESTERDAY I WENT DOWN MY STREET AND I SPOKE TO MULTIPLE NEIGHBORS.

[00:40:03]

ONE SAYS THAT IT GOES IN HER FLORIDA ROOM.

ANOTHER ONE, TWO OF THEM SAY THAT THE DIRT GOES INTO THEIR POOL, AND THEY'RE AFRAID THAT IT'S GOING TO, YOU KNOW, MESS UP THEIR PUMP AND ALL THAT STUFF.

BUT IT'S RIDICULOUS.

ONE OF THE GUYS HAS DIRT AND DEBRIS RUNNING IN HIS POOL.

HE ALSO HAS WATER DAMAGE UP AGAINST HIS HOUSE.

LIKE WHERE THE STUCCO AND STUFF IS PLASTIC DOWN, WHICH THAT'S NOT GOING TO, YOU KNOW, FIX ANYTHING.

AND HE ALSO BECAUSE OF HIS FENCE AND THE AND THE SOIL, I MEAN, IT'S BASICALLY SAND, THE WATER RUNNING THROUGH THERE.

HIS FENCE STARTED FALLING OVER, AND HE LITERALLY HAD TO, LIKE, ROPE IT TO A POST JUST TO HOLD HIS FENCE UP, WHICH IS COMPLETELY UNACCEPTABLE.

SO RECENTLY I PASSED MY FLORIDA REAL ESTATE EXAM, AND IN MY STUDIES, THE BREVARD COUNTY PROPERTY OWNER BILL OF RIGHTS INCLUDES TWO OF THE FOLLOWING RIGHTS ONE.

THE RIGHT TO RESET. THE RIGHT TO ACQUIRE, POSSESS, AND PROTECT YOUR PROPERTY.

THE OTHER ONE IS TO RIGHT THE RIGHT TO USE AND ENJOY YOUR PROPERTY.

AND THAT'S A FLORIDA BILL OF RIGHTS.

AND I UNDERSTAND THE BILL OF RIGHTS IS NOT NECESSARILY A LAW.

BUT WITH ALL THIS WATER THAT WE'RE GETTING AND RUNOFF AND EVERYTHING, WE CAN'T ENJOY OUR PROPERTIES ANYMORE.

NOW ONE OF THE NEIGHBORS THAT I TALKED TO, HE SAID THAT HE SPOKE TO SOMEBODY AND SAID, ARE WE GOING TO HAVE LIKE A DRAINAGE DITCH OR ONE OF THOSE BIG CULVERTS OR SOMETHING? AND HE SAID, AND THIS IS HEARSAY, BECAUSE I HEARD IT FROM HIM.

AND HE SAID SOMEBODY TOLD HIM, BUT HE WAS TOLD THAT IF THAT WAS PUT BACK THERE, THEN THEY WOULDN'T BE ABLE TO PUT THE HOUSES BECAUSE THERE'S NOT ENOUGH DISTANCE BETWEEN THE TWO.

WHICH THAT'S SOMETHING THAT, YOU KNOW, SHOULD HAVE BEEN LOOKED AT BEFORE.

AND AGAIN, IF THE APPLICANT HAS, WOULD WALK OUT THERE AND SEE THE DIFFERENCE.

I MEAN, YOU COULD IT'S TO THE POINT WHERE YOU COULD STEP OFF OF IT AND YOU COULD INJURE YOURSELF IF YOU'RE GOING FROM THEIR PROPERTY OR AS MUCH AS THEY BUILT IT UP AT LEAST 3 OR 4FT.

SO THAT'S ALL I GOT.

THANK YOU VERY MUCH FOR SHARING, AND CONGRATULATIONS ON YOUR RECENT ACCREDITATION.

THANK YOU. I DO HAVE MORE PICTURES FROM OTHER NEIGHBORS THAT THEY SHARED WITH ME, AND I WILL EMAIL THEM TO WHATEVER ON THE PAPER AND STUFF.

SO YES, THAT'D BE GREAT.

AND THEN IT'LL STAY WITH THE FILE.

SO YES. THANK YOU.

YES, SIR. ALL RIGHT.

WHO'D LIKE TO BE NEXT? IT'S ALL HANDS.

GO AHEAD. GOOD EVENING.

MY NAME IS CINDY VALLEY, AND I LIVE AT 1064 ELEUTHERA DRIVE.

IT'S A BIMINI BAY SUBDIVISION THAT'S ON THE EAST OR THE WEST SIDE OF THE PROPERTY THERE.

MY CONCERN IS BECAUSE I LIVE RIGHT BEHIND WHERE THAT RETENTION POND IS.

ARE THEY GOING TO HAVE. I DON'T SEE ANYTHING THERE.

THAT SAID, THERE'S GOING TO BE ANY KIND OF PROTECTION FROM THEIR PROPERTY TO OUR POND, OUR THERE'S A SIDEWALK THERE.

PEOPLE ARE GOING TO BE DRIVING BACK AND OUT OF THEIR HOUSES.

AND IF YOU GUYS HAVE WATCHED THE NEWS LATELY, THOSE ALL THOSE LITTLE AUTISTIC CHILDREN THAT ARE DRAWN TO WATER, WE DON'T WE'RE AN OLDER COMMUNITY, SO WE DON'T HAVE LITTLE KIDS IN OUR COMMUNITY.

BUT IF THERE'S GOING TO BE 199 HOMES OVER THERE, WHO'S GOING TO THAT? WATER NEEDS TO BE PROTECTED SO THAT CHILDREN CAN'T GET TO IT.

THAT'S MY ONLY CONCERN.

I CAN'T BACK INTO IT.

RIGHT. BECAUSE THEY'RE GOING TO BE BACKING OUT OF THEIR HOUSES.

ALL RIGHT, MA'AM. RIGHT TOWARD THE WATER.

RIGHT. IS THAT ALL YOU HAVE FOR US? YEP. WELL, THANK YOU VERY MUCH FOR SHARING.

OKAY. APPRECIATE YOU.

WOULD LIKE TO BE NEXT, SIR.

BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I'VE GOT A COUPLE OF QUESTIONS.

THE FIRST ONE IS WE GO BACK TO 2018.

THAT'S WHEN PHASE ONE WAS FIRST COMPLETED.

THAT'S NOT WHAT. SO THAT MEANS THE PLANNING FOR THIS STARTED LONG BEFORE 2018.

INITIAL TRAFFIC STUDIES, INITIAL IMPACTS.

THAT'S WHEN THESE THINGS WERE BEING ORIGINALLY DISCUSSED.

A LOT HAS HAPPENED SINCE THEN UP TO NOW.

THEN YOU JUST LOOK AT THE FACT THAT THE CITIZEN PARTICIPATION PLAN WAS IN 2021.

SO WE DON'T EVEN KNOW WHAT THE CURRENT RESIDENTS THAT HAVE BEEN LIVING IN THIS COMMUNITY EVEN HAVE ANYTHING TO SAY ABOUT IT, IF THAT'S WHEN THEIR CITIZEN PARTICIPATION MEETING WAS MET. AND I THOUGHT WE HAD TO HAVE A CERTAIN TIME FRAME FROM DEVELOPMENT, FROM PARTICIPATION FROM CITIZENS.

[00:45:04]

SO THAT'S QUESTION NUMBER ONE.

ITEM NUMBER TWO OUTFLOW.

IT'S GREAT THAT THEY HAVE ON PAPER THAT SHOWS WHAT THEIR ELEVATION OF THEIR OF THEIR DRAINAGE WITHIN THEIR IMMEDIATE COMMUNITY IS.

THAT'S GREAT. BUT WHERE'S THE OUTFLOW GOING TO.

WHAT IS THE OUTFLOW INDICATION SHOWING? AND I FOUND NOTHING IN THE PACKET THAT SAID WHERE THAT OUTFLOW IS GOING.

AND IF YOU'RE ALREADY HEARING THAT THE RESIDENTS ARE FLOODING, YOU'RE STILL GOING TO HAVE THAT SAME AMOUNT OF OUTFLOW FOR THE TOTAL ACREAGE OF THE PROPERTY.

THAT PROBLEM IS STILL GOING TO BE THERE.

ITEM NUMBER THREE WHEN YOU GOT RID OF THE TOWNHOUSE OFFERINGS.

SO IT'S ALL GOING TO BE SINGLE FAMILY HOMES THAT ARE ON 43 43 FOOT LOTS.

THAT'S ABOUT FROM THERE OVER TO THIS DESK.

THAT'S APPROXIMATELY 43FT.

AND THAT'S A 1600 SQUARE FOOT HOME.

THAT'S MIGHTY CLOSE.

SO WHEN I WAS LOOKING AT THE PACKAGE, TOWNHOMES WERE LOOKING AT ZERO PROPERTY LINES.

HOW ARE YOU GOING TO HAVE SINGLE FAMILIES WITHOUT HAVING ZERO PROPERTY LINES? THAT'S THE QUESTION. HOW ARE YOU GOING TO ACCOMPLISH THAT OBJECTIVE? ALL RIGHT. THE LAST ITEM WAS THE BUILDER BOND.

THIS WAS BROUGHT UP TO THE PREVIOUS RESIDENTS FROM PHASE ONE, TWO, THREE AND FOUR THAT THERE WAS A BOND, A BUILDERS BOND THAT WAS SUPPOSEDLY ON FILE IF PROBLEMS LIKE THIS CAME UP WHERE THEY WEREN'T MEETING THE ACTUAL FLOODING.

SO I'M CURIOUS TO SEE HOW THAT'S GOING TO COME INTO PLAY, IF THAT'S GOING TO BE SOMETHING WHERE THE PRE-ESTABLISHED NEIGHBORHOODS, WHICH ARE BY THESE SAME DEVELOPMENTS, SUPPOSEDLY DEVELOPERS, IF THAT'S GOING TO BE AVAILABLE TO HELP ALLEVIATE SOME OF THE PROBLEMS. OTHER THAN THAT, THE CITY OF PALM BAY HAS GROWN RAPIDLY, BUT WE HAVE NOT MET THE THE STORMWATER PROBLEMS. WE HAVE NOT MET THE TRAFFIC PROBLEMS. SO EVERY TIME YOU INCREASE BY MORE DEVELOPMENT WITHOUT SOLVING THE INITIAL INFRASTRUCTURE PROBLEMS, YOU'RE ALWAYS GOING TO HAVE THE SAME DILEMMA.

THANK YOU. THANK YOU FOR SHARING, SIR.

WHO WOULD LIKE TO BE NEXT? HI. YES. GOOD EVENING, GENTLEMEN AND LADIES.

MY NAME IS KYLE GREEN.

I LIVE AT 530 PORT MALABAR BOULEVARD, NORTH EAST TO LET YOU KNOW WHERE THAT IS.

THAT IS APPROXIMATELY IN THAT NORTHEAST QUADRANT, DIRECTLY IN THE CENTER.

MY PROPERTY AND MY NEIGHBORS HAVE SUFFICIENTLY HAD FLOODING ON, I'LL SAY, RATHER HEAVY OCCASIONS.

SO I HAVE DOCUMENTED CASES WITH PICTURES DATING BACK TO JANUARY OF EARLIER THIS YEAR, ALONG WITH ALSO AFTER THE HURRICANE AND A FEW OVER THE SUMMER. AS A PREVIOUS GENTLEMAN KIND OF EXPLAINED, THE, I'LL SAY BASELINE OF WHERE THE DIRT LEVEL IS BEHIND MY HOUSE IS APPROXIMATELY 4 TO 5FT ABOVE WHERE THE REST OF MY HOUSE IS.

THE SILT FENCE THAT IS INSTALLED TO TRY AND PROTECT MY PROPERTY SITS APPROXIMATELY THREE FOOT BELOW THE TOP OF THAT SILT.

THE THE DIRT LINE.

SIMILAR TO THE ECHOING OF WHAT THE PREVIOUS FOLKS HAVE SAID.

MY PROPERTY AND SEVERAL OTHER PROPERTIES HAVE BEEN BOMBARDED CONSTANTLY WITH DIRT.

IT'S JUST CONSTANT MAINTENANCE FEES TO BASICALLY TRY AND CLEAN EVERYTHING.

THE HOUSE IS ENTIRELY BLACK, DOES GET INTO THE AIR FILTERS, AND WE ARE SLOWLY GETTING THAT WITHIN THE HOUSE TO CLEAN.

I WILL ECHO AS WELL.

ON A WILDLIFE STANDPOINT IT'S ACTUALLY IMPACTED IN THAT DURING SOME OF THE STORMS PREVIOUSLY, I HAD LOST SOME OF THE SCREENS TO THE POINT WHERE WE'VE HAD HAWKS THAT NATIVELY NESTED BEHIND THE HOUSES.

I ACTUALLY HAD A SET OF HAWKS GET INTO MY SCREEN ENCLOSURE THAT I HAD TO GO CALL A RESCUE TO GET THEM OUT BECAUSE THEY NO LONGER HAVE THEIR TREES.

AND THEY ACTUALLY ENDED UP NESTING IN MY MANGO TREES NOW.

SO YEAH, LIKE AS MENTIONED, WE'RE EXPERIENCING SOME FLOODING AND STUFF LIKE THAT.

I HAVE PHOTOS AND VIDEOS OF SIDE YARDS, BASICALLY FLOODING THAT NEVER HISTORICALLY FLOODED.

THE DURING THE HURRICANE CAME WITHIN, I'LL SAY, A FOOT OF THE ACTUAL HOUSE.

NEVER HISTORICALLY DONE THAT.

AND I'VE LIVED AT THE PROPERTY SINCE 2017.

SO THANK YOU FOR YOUR TIME.

THANK YOU. WOULD ANYONE ELSE LIKE TO SPEAK IN OPPOSITION TO THIS REQUEST? MY NAME IS DEBBIE HEISER.

I LIVE AT 944 WYLIE EAST CIRCLE.

MY PROPERTY BUTTS UP AGAINST THIS, OBVIOUSLY, AND I'M NOT EVEN SURE WHERE TO START.

MR. BUSTIN SAYS THAT HE WORKS WITH PEOPLE.

[00:50:02]

I HAVE LEFT MESSAGES.

AND WHEN YOU CALL THE NUMBER THAT MR. MCCAUL GAVE ME WHEN I WAS AT THE CITY COUNCIL MEETING, YOU GET LAND AND SEA, PRESS THIS FOR THIS FOR SALES, PRESS THIS FOR IT GOES ON AND ON.

BUT YOU PRESS ZERO AT THE END FOR OTHER BECAUSE THAT'S THE OTHER, THE CONCERNS WHERE THERE'S BEEN PROPERTY DAMAGE TO MY PROPERTY.

THEY TOOK OUT A TREE.

THE TREE WAS CLEARLY WITHIN.

IF YOU PULL UP THE APPRAISAL FOR, YOU KNOW, THE PROPERTY APPRAISAL, IT SHOWS THE TREE THAT THEY DECIDED TO TAKE OUT.

AND THERE'S CABLES THIS HIGH, STILL TWISTED, STICKING UP ON MY PROPERTY.

I GOT RID OF SOME OF THE ROOTS, BUT THE REST OF THEM ARE STILL THERE.

I TRIED TO CONTACT MR. BENSON AFTER MR. MCCALL FROM THE CITY GAVE ME HIS NUMBER.

AND OVER THAT AND SEVERAL CONCERNS I JUST FINISHED PUTTING.

I HAVE A TILE ROOF.

WE PUT THE SEALER ON.

THAT WAS SUPPOSED TO BE GOOD FOR 15 YEARS, MAKE SURE EVERYTHING WAS GOOD.

AND THEN ALL OF A SUDDEN THE TRUCKS STARTED COMING WITH THE DIRT.

WELL, MY ONCE WHITE ROOF WITH THE SEALER.

NOW ALL OF A SUDDEN I HAVE RECEIPTS THAT I WAS GOING TO DISCUSS WITH HIM OF THE DAMAGE THAT WAS DONE TO THE ROOF.

WHERE? THERE ARE COMPACTORS AS THEY WERE GOING ACROSS, WERE SHAKING OUR WHOLE HOUSES THAT I HAVE A CRACK IN THE SIDE, AND I'M SURE THERE'S OTHER PEOPLE WHO HAVE PROPERTY DAMAGE FROM IT. IT'S SHAKING THE HOUSE.

THIS GOES ON CONTINUOUSLY FOR TWO YEARS.

AND IT IT'S CONCRETE THAT HOLDS THE TILES DOWN AND SHOOK THEM LOOSE.

SO NOW I HAD TO HAVE PARTS OF MY ROOF REFIXED WHERE THEY HAD TO TAKE PARTS OFF AND PUT THE CONCRETE.

THAT'S ALL THAT I HAD TO PAY FOR.

I GOT HURRICANE SHUTTERS OR I MEAN HURRICANE WINDOWS PAID EXTRA FOR THE SCREENS.

HAVEN'T BEEN ABLE TO USE IT FOR THE LAST TWO YEARS, SO MY UTILITY BILLS ARE HIGHER BECAUSE I CAN'T GET FRESH AIR BECAUSE ALL I HAVE IS DIRT.

YOU GO INTO MY SCREEN ROOM, YOU SMELL DIRT.

YOU EVERYTHING FROM FILTERS THAT SOMEBODY MENTIONED.

MR. MCCALL HAD MET WITH MR. GOOSEN BEHIND MY HOUSE.

I WAS AT WORK THAT DAY AND HE WAS ASSURED THAT THIS WASN'T GOING TO GO ON THAT MUCH LONGER, THAT THEY WERE GOING TO CLEAR THE DIRT OUT.

THEY WERE CLEARING SOME OF IT.

AND AS PEOPLE HAVE ATTESTED TO, I'M DRIVING DOWN THE STREET AND I'M WATCHING ONE OF THOSE MACHINERIES GO ACROSS MY NEIGHBOR'S ROOF.

I'M LIKE, WOW, LET'S GO AND CLEAR.

NO, THAT'S THE DIRT PILE BEHIND OUR YARDS.

IT'S STILL BEHIND MINE.

IN FACT, THEY CLEARED OUT SOME OF IT BEFORE THANKSGIVING.

IT'S ALL BACK.

THEY'RE STILL HAULING IT IN TODAY.

I HAVE PICTURES OF YOU CAN'T HARDLY SEE THE EQUIPMENT BECAUSE OF ALL THE DUST AROUND IT.

I HAVE VIDEOS, I HAVE A VIDEO FROM TODAY OF WHERE THEY'RE BRINGING IN MORE DIRT.

THEY'RE NOT GETTING RID OF IT.

AND WHEN HE SAYS HE'LL WORK WITH US, HE'S NEVER CALLED ME BACK.

TODAY WAS THE FIRST DAY THAT I WAS HOPING I WOULDN'T HAVE TO COME.

TONIGHT I THOUGHT, I HAVE MY BILLS, I HAVE MY RECEIPTS.

MAYBE HE CAN PAY TO HAVE STUFF CLEANED.

I DIDN'T WANT IT CLEANED BEFORE THEY FINISHED THE PROJECT.

BUT WHENEVER MY WINDOWS BROKE BECAUSE THE BRAND NEW WINDOWS FROM THE DIRT, WHEN YOU'RE TRYING TO SLIDE THEM UP AND DOWN, STUFF BREAKS.

I HAD TO HAVE PEOPLE COME UP FOR THAT.

YOU CAN'T CLEAN YOUR WINDOWS.

YOU CAN'T CLEAN YOUR OUTDOOR SCREENED IN ROOMS. I'VE GOT DIRT ON TOP OF THE THE ROOF.

I'VE GOT ALL KINDS OF DAMAGE AND IT SEEMS LIKE NANCY DOESN'T CARE.

THEY DO NOT RETURN THE CALLS.

SO I CALLED JOHN MCCOLGAN TODAY AND SAID, LOOK, TODAY IS THE FIRST DAY I ACTUALLY TALKED TO A HUMAN.

SOMEBODY FROM AMANDA ANSWERED THE PHONE AND SAID SHE'D PUT ME BACK TO THAT SCOTT PERSON.

AND OF COURSE SHE PUT ME BACK TO I LEAVE A MESSAGE WHICH HE DOES NOT CALL BACK.

I'VE NEVER TALKED TO HIM. THIS IS THE FIRST I'VE SEEN HIM TONIGHT.

SO IF THEY'RE NOT GOING TO HONOR THE STUFF THEY'VE SAID BEFORE, DO YOU THINK THEY'RE GOING TO HONOR WHAT THEY'RE TELLING YOU? I DON'T THINK SO. I'M VERY MUCH AGAINST THIS.

I'M VERY UPSET OVER THIS.

I GO OUTSIDE.

OH, AND THEY PROMISED ME THAT POUNDING WAS GOING TO STOP, BUT THAT I HAVE TO UNDERSTAND THAT WHEN THEY PUT THE PADS IN AND THE ROADS IN, THERE WILL BE SOME POUNDING.

THEN WE GET THESE LETTERS TELLING US IF WE HAVE ANY CONCERNS TO COME TO THIS MEETING, AND THEN THEY FINISH PUTTING THE ROADS IN, WHICH ARE HIGHER THAN MY PROPERTY.

IT'S A DONE DEAL.

THEY'RE ALREADY PUTTING STUFF IN.

THEY'VE ALREADY PUT IN ALL THE PLUMBING, THE STUFF STICKING UP FOR THE FOR THE WATER, FOR THE HOUSES THE PIPES ARE STICKING UP FOR, I GUESS, THE RECLAIMED. I DON'T KNOW WHAT THE PINK PIPES ARE OVER THERE, BUT IT'S ALREADY THERE.

IT'S LIKE, WE'LL DO IT AND THEN SAY OOPS, SORRY LATER.

IT'S JUST NOT RIGHT.

[00:55:02]

OKAY, THAT'S ALL I HAVE.

THANK YOU VERY MUCH FOR BEING HERE WITH US THIS EVENING.

AND CHAIR, MA'AM, WOULD ANYONE ELSE LIKE TO SHARE, SIR? I'LL MAKE IT QUICK. I'M AN OLD MAN.

CAN I GIVE YOU A VIDEO SO YOU KNOW WHAT WE'RE TALKING ABOUT? WHERE? WE'D LIKE TO WATCH IT, SIR.

IT WON'T END UP ON THE RECORD BECAUSE WE DON'T HAVE ANY WAY TO MEMORIALIZE IT IN THE TRANSCRIPT.

SO IF YOU JUST SPEAK TO IT, WE'LL.

WE'LL APPRECIATE THAT.

WE'LL HEAR YOU OUT.

AND WE CAN'T HEAR YOU IF YOU'RE NOT ON THE MICROPHONE, SIR.

SO YOU JUST STAND STRAIGHT AHEAD.

YOU SEE THAT MICROPHONE? IF YOU JUST STATE YOUR NAME AND ADDRESS AND JUST SHARE WITH US WHATEVER FEEDBACK YOU HAVE.

944 WALES CIRCLE.

AND THE VIDEO'S JUST A TRUCK THAT IS GOING ABOUT 200FT.

YOU CAN'T SEE THE TRUCK ANYMORE FOR THE DUST THAT GOES CONTINUALLY.

WE'RE IN THE MIDDLE RIGHT WHERE YOUR CODE NUMBER IS THERE.

AND THE TRUCKS, OF COURSE, GO FROM ONE END TO THE OTHER.

OTHERS. SO THEY'RE THROWING DUST UP.

AND I MEAN DUST THAT YOU CAN'T SEE THE TRUCK, YOU CAN'T SEE THE LOADERS.

AND SHE HAS HAD A MOUNTAIN BEHIND HER HOUSE FOR TWO YEARS.

IT'S ABOUT 800FT LONG, 30 FOOT HIGH.

THEY FINALLY GOT IT, TAKEN SOME OF IT DOWN, AND THEN LOADED 20 MORE TANDEM TRUCKS, WHICH WOULD BE 40 BECAUSE IT'S DOUBLE ROWS BEHIND AS SOON AS THEY TAKE THAT DOWN.

SO FOR TWO YEARS SHE'S HAD NOTHING BUT DIRT IN HER BACKYARD.

WE'RE HAVING TROUBLE HEARING YOU NOW, SIR, BECAUSE THE MICROPHONE.

YOU JUST WANT TO. THAT MICROPHONE, THAT LITTLE STICK YOU HAVE IN YOUR HAND, YOU JUST WANT TO.

THERE YOU GO. AND THE TANDEM TRUCKS GO FROM THE TOP TO THE BOTTOM.

THEY HAVE NOT HAD A WATER TRUCK THERE FOR TWO MONTHS.

IF YOU'D COME UP, OUT, YOU'D SEE YOU'RE WALKING ON DUST ON TOP OF THE SAND.

THAT THICK.

ANYWAYS, WHAT I WANTED TO SAY IS I HOPE YOU KNOW THAT WITH 200 MORE HOUSES BEING BUILT THERE, YOU HAVE A FIVE MINUTE LIGHT AT PALM BAY ROAD AND PORT MALABAR ROAD.

ALREADY PEOPLE GOING TO WORK IN THE MORNING CAN'T MAKE IT THROUGH THE FIRST LIGHT.

THEY HAVE TO WAIT FOR THE SECOND ONE.

YOU HAVE A PROBLEM COMING UP BECAUSE THE RIGHT HAND.

THERE'S THREE LANES ON PALM BAY ROAD GOING STRAIGHT.

IF THEY HAD A RIGHT HAND TURN FOR PORT MALABAR ROAD, THEY COULD GET RID OF AT LEAST TEN CARS AT EVERY TRAFFIC LIGHT.

BUT THERE'S NO RIGHT HAND TURN THERE.

I MEAN, THERE'S NO SIGN THAT IT'S RIGHT HAND ONLY IN THE RIGHT LANE.

THERE WILL BE NO CARS IN THE SECOND LANE, OR MAYBE A COUPLE AND A THIRD LANE.

THEY ALL ARE IN THE RIGHT HAND LANE BECAUSE THEY'RE GOING TO MAKE A RIGHT HAND TURN DOWN AT BABCOCK.

HALF MILE AWAY.

ANYWAYS, THAT WAS IT.

BUT I WANTED TO SHOW YOU THAT PICTURE BECAUSE THAT'S WHAT THEY'VE BEEN TALKING ABOUT.

THE SAND IS DUST IS HORRIBLE.

THANK YOU VERY MUCH, SIR.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN OPPOSITION TO THIS REQUEST? NO, UNFORTUNATELY NOT SIR.

EVERYBODY GETS THEIR ONE TURN.

THREE MINUTES.

ANYBODY ELSE? OKAY. I DON'T HAVE THE SCRIPT.

OH, WE CAN GET YOU ONE.

COME ON UP, SIR.

THERE MIGHT EVEN BE SOME SOME RIGHT THERE AT THE PODIUM.

OTHERWISE, WE'LL GET IT AFTERWARDS.

NO PROBLEM. JUST STATE YOUR NAME AND ADDRESS FOR US.

MY NAME IS HENRY WARDWELL.

I LIVE AT 950 WILDER CIRCLE.

I'M THE NEIGHBOR OF THOSE PEOPLE RIGHT THERE FOR THE LAST TWO YEARS, MY HOUSE HAS BEEN SHAKEN APART BY THE ROLLER.

THEY DON'T HAVE TO TURN THE VIBRATOR ON.

I'VE BEEN IN.

I'M A REAL ESTATE BROKER.

I DID COMMERCIAL INDUSTRIAL REAL ESTATE FOR 40 YEARS.

I'M A PRIVATE INVESTIGATOR AND I OWN A DETECTIVE AGENCY.

I KNOW A LITTLE ABOUT WHAT I'M TALKING ABOUT.

THE COMPANY THAT HAS BEEN DOING THE LAND CLEARING HAS BEEN VERY DIFFICULT TO WORK WITH.

MY HOUSE AND THEIR HOUSE IS GROUND ZERO.

ALL THE EQUIPMENT IS THERE.

ALL THE HEAVY STUFF IS THERE.

THE TRACTORS ARE PARKED THERE.

THE GAS TANKS ARE THERE.

EVERYTHING IS THERE.

SHE'S ABSOLUTELY CORRECT.

THEY HAVEN'T PUT WATER DOWN IN MONTHS.

I TALKED TO PEOPLE ON THE SITE, I WALKED OVER, I SAID, YOU DON'T HAVE TO HAVE THAT COMPACTOR GOING JUST TO SMOOTH OUT TRUCK TIRES.

I KNOW THAT YOU USE A COMPACTOR WHEN YOU'RE BUILDING ROADS AND WHEN YOU'RE DOING WHEN YOU'RE DOING BUILDING PADS.

MY HOUSE HAS BEEN SHAKEN FOR TWO YEARS, SO I'VE GOT CRACKS EVERYWHERE.

PICTURES OFF THE WALL, PLATES FALLEN OFF THE CABINETS AND EVERYTHING LIKE THAT.

[01:00:02]

I'VE BEEN I'VE DONE A LOT OF DEVELOPMENT.

THIS IS AN ABOMINATION.

THIS IS HOW YOU CAN JAM AS MANY HOUSES AS YOU CAN INTO AN ALREADY ESTABLISHED NEIGHBORHOOD THAT DOESN'T NEED THIS KIND OF TRAFFIC.

THEY'RE RIGHT WHEN THEY TALK ABOUT THE WATER PROBLEMS, AND THEY'RE RIGHT WHEN THEY'RE TALKING ABOUT THE TRAFFIC PROBLEMS, IT'S ALL GOING TO COME TO FRUITION IF YOU ALLOW THIS TO GO THROUGH. THIS IS ONE STEP UP FROM LOW INCOME HOUSING, AND THAT'S WHAT THEY TRIED TO DO IN THE FIRST PLACE.

IF IT WASN'T FOR THIS LADY RIGHT HERE, YOU WOULDN'T BE UP TO 1600 SQUARE FEET.

NO ONE HAS MADE ANY MENTION ABOUT.

IS THE REST OF THIS PROPERTY GOING TO BE FENCED OFF? WE DON'T WE DON'T WANT THEM COMING ONTO OUR PROPERTY, AND THEY DON'T WANT ME COMING ONTO THEIR PROPERTY, THAT'S FOR SURE.

SO I THINK THERE'S A LOT OF ISSUES THAT NEED TO BE ADDRESSED BEFORE THIS THING GETS RUBBER STAMPED AND PUSHED THROUGH.

WE DON'T REALLY NEED THIS.

IF THEY WANTED TO DO IT RIGHT, THIS WAS A BEAUTIFUL AREA.

THEY HAD BEAUTIFUL TREES THAT SHOULD HAVE BEEN SAVED.

IT SHOULD HAVE BEEN A LOT LESS DENSE IN THE PLANNING WITH THIS.

THESE HOUSES ARE GOING TO BE STACKED RIGHT ON TOP OF EACH OTHER, AND THE WHOLE NEIGHBORHOOD IS GOING TO SUFFER FOR IT.

AND THAT'S A FACT.

THANK YOU FOR THIS OPPORTUNITY TO TALK WITH YOU.

THANK YOU SIR.

OKAY. SO I BELIEVE THAT BRINGS OUR PUBLIC COMMENTS TO A CLOSE.

WE'VE ESTABLISHED THAT THERE WAS MULTIPLE RECORDS IN THE FILE.

SO WE'RE GOING TO CLOSE THE FLOOR TO PUBLIC COMMENTS.

BUT FIRST HEAR FROM THE APPLICANT BEFORE WE BRING IT BACK TO THE BOARD.

AS FAR AS ANY SORT OF REBUTTAL OR ANSWER TO THESE INQUIRIES OR QUESTIONS.

WELL, I DON'T HAVE A WHOLE LOT TO REBUTTAL.

YOU KNOW, I DO UNDERSTAND THERE'S A SIGNIFICANT AMOUNT OF DIRT ON SITE.

AND PART OF THAT IS BECAUSE OF OUR ELEVATIONS HAVING TO MATCH OTHER ELEVATIONS.

WE HAD 100,000 YARDS OF EXTRA DIRT ON THAT JOB, AND I'VE BEEN PUSHING THE CONTRACTOR THE ENTIRE TIME TO GET IT OFF SITE.

I'VE ALSO AUTHORIZED THE CONTRACTOR VERY, VERY EARLY ON TO HAVE A WATER TRUCK ON SITE.

JOHN BROUGHT IT TO MY ATTENTION.

THERE WAS TOO MUCH DUST, YOU KNOW.

IT WAS ALLEVIATED THE NEXT DAY.

I CALLED THE CONTRACTOR.

HE SAID, OKAY, YOU KNOW, IT'S GOING TO COST YOU THIS MUCH A DAY.

I SAID, WELL, IT'S GOT TO BE WHAT IT'S GOT TO BE.

WE'LL PUT THE WATER TRUCK ON SITE.

SO I CAN'T SPEAK TO WHETHER OR NOT, YOU KNOW, HE'S CHARGING ME FOR IT AND NOT RUNNING IT.

YOU KNOW, I HAVEN'T GOTTEN THE CHANGE ORDER ON THE JOB YET FOR IT, BUT I'M NOT LOOKING FORWARD TO IT.

I KNOW THAT LIKE I SAID, I MEAN, THE BIGGEST THING WITH THE DIRT IS, YOU KNOW, THEM GETTING IT OFF SITE, AND THEY'VE HAD TROUBLE GETTING IT OFF SITE FOR SOME REASON.

AND WE'VE BEEN I'VE BEEN PUSHING THEM THE ENTIRE TIME TO GET IT MOVING.

AND I KNOW PEOPLE HAVE SEEN IT RECENTLY WHERE IT LOOKS LIKE WE'RE ADDING DIRT ON SITE, BUT WE'RE NOT.

WE'RE HAVING SEVERAL LOTS.

HAD TO BE BASICALLY DEMOLISHED.

YOU KNOW, PROJECT WAS FINISHED.

I HAD 79 G TESTING DONE ON ALL THE LOTS, YOU KNOW, TO COVER US FOR COMPACTION TESTING.

11 LOTS WERE FOUND TO HAVE, YOU KNOW, SOME ORGANIC MATERIALS IN THEM.

SO BASICALLY THEY'RE REMEDIATING THAT RIGHT NOW.

THEY HAVE TO GO IN AND DIG OUT THE HOUSE PAD TO WHATEVER DEPTH THERE.

THE MUCK IS, THEY GOT TO TAKE THE MUCK OUT AND PUT FRESH DIRT BACK IN IT.

SO YOU KNOW THAT WE'RE NOT BRINGING DIRT ON SITE.

I CAN ASSURE YOU, I'VE BEEN TRYING TO GET RID OF THAT DIRT FOR A LONG TIME.

IT'S BEEN A THORN IN MY SIDE.

I'M NOT SURE WHAT ELSE TO ADDRESS.

SO WATER AND SEWER.

WATER AND SEWER.

WELL, WATER AND SEWER. WE'RE.

WE'RE BUILDING WATER AND SEWER.

THAT'S GOING TO CONNECT TO THE CITY OF PALM BAY IN THE PROJECT.

THAT WILL BE DEEDED TO THE CITY OF PALM BAY WHEN WE'RE DONE.

THE STREETS ARE PRIVATE, SO THE CITY OF PALM BAY IS NOT PAYING FOR ANY OF THE STREETS IN THEIR STREETS, CURBS, SIDEWALKS.

IT'S ALL PRIVATE.

DRAINAGE IS PRIVATE.

WE ACCEPT DRAINAGE FROM ALL AROUND THE PROJECT AND RUN IT THROUGH.

I KNOW THERE WAS A CONCERN ABOUT DRAINAGE, BUT ALL THE DRAINAGE IN OUR PROJECT RUNS THROUGH INTO PHASE ONE, AND EVENTUALLY IT'S GOT AN OUTFALL INTO THE C-1 CANAL THAT'S ON THE SOUTH SIDE. IF YOU COULD JUST SPEAK A LITTLE BIT MORE DIRECTLY INTO THE MICROPHONE, EVEN IF YOU HAVE TO ADJUST THE ANGLE, WE DID.

YOU KNOW, THE CITY ASKED US TO REPLACE AN OUTFALL IN THE C-1 CANAL FOR PART OF OUR PHASE FOUR PROJECT ON THE OTHER SIDE, WHICH WE DID.

WE SPENT A COUPLE HUNDRED THOUSAND DOLLARS REPLACING THAT.

SO THERE'S TWO OUTFALLS COMING OUT OF PHASE ONE THAT ALL THE ALL THE DRAINAGE FROM THIS WHOLE PROJECT RUNS UNDERNEATH COUNTRY CLUB DRIVE INTO PHASE ONE AND EVENTUALLY OUT INTO THE C-1 C1 CANAL IF WE EVER GET TO THAT STAGE.

AND AS MUCH RAIN AS WE'VE EVER HAD.

WE'VE THAT WE'VE NEVER HAD ENOUGH IN THE BACK POND TO OVERFLOW INTO THE CANAL.

[01:05:03]

OKAY, SO WITH THAT BEING SAID, THANK YOU FOR SHARING.

BOARD MEMBERS, ARE THERE FURTHER QUESTIONS FOR THE APPLICANT? I HAVE A QUESTION, PLEASE, SIR.

I NOTICED AND I KNOW THAT SOMEBODY ASKED AS WELL.

IT SEEMS THAT THIS SITE AND THE COMPANY THAT OWNS IT HAS CHANGED HANDS A COUPLE OF TIMES.

OWNERSHIP HAS CHANGED HANDS OF THIS PROJECT A COUPLE OF TIMES.

AND THE LAST CITIZEN PARTICIPATION MEETING THAT WE HEARD ABOUT WAS IN 2021.

SINCE IT CHANGED MOST RECENTLY HAS THERE BEEN A CITIZEN PARTICIPATION MEETING HELD WITH THE PROPERTY OWNERS? YEAH. NO, NO, THE PROJECT WAS ALREADY APPROVED FOR CONSTRUCTION, SO.

NO, THEY JUST LOVE THAT.

OKAY, OKAY. IS THERE, IS THERE IF I'M.

MA'AM, IF I MAY NOW.

BECAUSE I NEED TO REMIND THIS BOARD, THIS MATTER IS CURRENTLY BEFORE YOU FOR APPROVAL OF A PRELIMINARY PLAT.

YOUR SCOPE OF REVIEW IS LIMITED BY THE STATE TO THE STANDARDS PRESENT IN CHAPTER 177, FLORIDA STATUTES.

YOUR DECISION MUST BE BASED ON COMPETENT, SUBSTANTIAL EVIDENCE PURSUANT TO YOUR SCOPE OF REVIEW IN THE MATTER, WHICH IS WHETHER OR NOT THE PLAT THAT IS PRESENTED TO YOU HERE TONIGHT MEETS THE STANDARDS SET FORTH IN CHAPTER 177.

THIS PROJECT HAS ALREADY BEEN APPROVED FOR FINAL DEVELOPMENT PLAN IS DONE.

SO THE SUBJECT MATTER THAT'S BEING PRESENTED TONIGHT IS SUPERFLUOUS TO THE SUBJECT MATTER THAT YOU HAVE THE AUTHORITY TONIGHT TO RECOMMEND TO THE CITY COUNCIL.

AND THAT IS SIMPLY DOES THE PLAT AS PRESENTED MEET THE STANDARDS OF CHAPTER 177 FLORIDA STATUTES.

THAT'S THE SCOPE OF YOUR REVIEW.

YOU GO BEYOND THAT SCOPE.

YOU'RE OUTSIDE OF YOUR OF YOUR JURISDICTION AND PURVIEW OF REVIEWING WHAT'S PRESENTED BEFORE YOU TONIGHT.

SO I NEED TO REMIND YOU OF THAT AS YOU MOVE FORWARD TO MAKE A MOTION ONE WAY OR ANOTHER, YOU HAVE EVERY PREROGATIVE TO VOTE FOR OR AGAINST.

BUT IF YOU VOTE AGAINST, YOU HAVE TO MAKE THAT DECISION BASED ON COMPETENT, SUBSTANTIAL EVIDENCE THAT THE PLAT PRESENTED BEFORE YOU TODAY DOES NOT MEET THE STANDARDS SET FORTH IN CHAPTER 177.

FLORIDA STATUTES JUST NEED TO REMIND YOU OF THAT.

THANK YOU SIR.

FURTHER QUESTIONS.

THIS IS MY FIRST NIGHT.

HE'D BE NICE IF HE WOULD EXPLAIN WHAT THE HECK THAT MEANS.

DO YOU WANT ME TO JUMP IN A LITTLE BIT? FLORIDA STATUTES PROVIDES WHAT IS TO BE WHAT IS WHAT IS TO BE ON A PLAT.

IT IS PRETTY CUT AND DRY.

A PLAT MUST CONTAIN ITS LEGAL DEFINITION.

BOUNDARY SURVEYS.

YOU MUST HAVE THE PROPER DEDICATIONS.

YOU MUST HAVE THE PROPER APPROVALS AND REVIEWS FROM A SURVEYOR.

SO THAT'S ALL LANGUAGE THAT HAS TO BE PLACED ON A PLAQUE.

SO WHEN IT COMES TO THE SCOPE OF THE LOCAL GOVERNMENT AND APPROVING A PLAT, YOUR JOB IS TO ENSURE THAT THOSE THINGS THAT HAVE TO BE INCLUDED IN A PLAT PURSUANT TO STATUTE ARE THERE. STAFF HAS MADE ITS PRESENTATION TO STATE THAT, YES, THIS PLAT PRELIMINARY PLAT MEETS THE STANDARDS THAT ARE SET FORTH IN CHAPTER 177 QUESTIONS OF WHETHER GRADING AND WALLS AND ROADS AND TRAFFIC AND DIRT THAT'S NOT MENTIONED IN 177.

THIS IS BASICALLY ABOUT DRAINAGE.

NO. 177 IS BASICALLY THIS IS WHAT THE PLAT MUST CONTAIN.

DOES THE PLAT CONTAIN IT YES OR NO? AND THAT'S THAT'S WHERE THAT'S IT.

THAT'S THE THE PURVIEW OF YOUR REVIEW, OUR DISCUSSIONS AND SUBJECT MATTER RELATING TO THE ACTUAL OVERALL DEVELOPMENT.

THOSE HAVE ALREADY BEEN ADDRESSED AND AND COMPLETED.

WE ARE NOW HERE AT THE FINAL STAGE, WHICH IS THE PLAT BASICALLY DRAWS THE LINES IN THE SAND TO DICTATE WHAT ARE THE LOTS.

AND THESE ARE GOING TO BE THE LEGAL LOTS OF WHICH PEOPLE ARE GOING TO TAKE TITLE TO.

IT IS THE SUBDIVIDING OF LAND AND DRAWING THOSE LINES IN THE SAND TO DETERMINE WHETHER THIS IS THIS IS LOT A, THIS IS LOT B, THIS IS LOT C, AND THOSE REQUIREMENTS THAT THE STATUTE HAS FOR WHAT IT HAS TO BE INCLUDED IN THAT DRAWING, WHICH IS WHAT THE PLAT IS.

OKAY. THANK YOU.

ALL RIGHT. THANK YOU.

ANYTHING FURTHER FOR THE APPLICANT OR FOR OUR LEGAL COUNSEL? MR.. GOOD. I SEE YOU HAVE A QUESTION.

LET ME SEE. I HAD A NOTE.

LET ME SEE IF I CAN FIND IT AGAIN HERE.

I DID HAVE A QUESTION.

AND THIS IS PROBABLY PRETTY SIMPLE.

I JUST COULDN'T TELL IT BY THE BY THE MAP.

I KNOW THERE'S THE INGRESS AND EGRESS ON RIVIERA, DOES IT? IT LOOKS LIKE IT MIGHT COME OFF OF PORT MALABAR AS WELL AND GO.

THERE MIGHT BE A COUNTRY CLUB DRIVE OR SOMETHING.

IS THERE ANOTHER TERMINUS OF COUNTRY CLUB DRIVE? THERE'S A SOUTH ENTRY COMING OFF THE TERMINUS OF COUNTRY CLUB DRIVE.

IT RUNS RIGHT BY ISLAND GREEN VILLAS, AND IN IT IT'LL TURN IN PARALLEL TO ISLAND GREEN VILLAS.

[01:10:03]

OKAY. AND SEE IT DOWN THERE ON THE BOTTOM END OF THE THING.

SO THERE'S TWO. THERE'S TWO.

INGRESS AND EGRESS. OKAY.

THANK YOU. THAT WAS MY ONLY QUESTION.

NO WORRIES. ANY QUESTIONS FROM THIS SIDE OF THE TABLE? MR. WARREN? WELL, MY ISSUE IS WE'VE ALREADY ADDRESSED MOST OF THE STORMWATER AND THE TRAFFIC.

THE SUBCOMMITTEES WITHIN A WITHIN A COMMITTEE.

I'M NOT A FAN OF.

HOWEVER, WE ARE HERE TO DISCUSS THIS.

THE PLAT AND THE PRELIMINARY THE PRELIMINARY SUBDIVISION HERE.

SO THE ONLY THE ONLY OTHER QUESTION THEN, SIR, THAT I WOULD HAVE FOR YOU WOULD BE BECAUSE OF ALL THE CONFUSION THAT THIS HAS THAT, THIS, THAT THIS HAS CAUSED ME BECAUSE OF THE CHANGING OF THE HANDS.

BEFORE WE MAKE A DECISION ON THIS, ARE YOU WILLING TO RECTIFY ANYTHING WITH ANY OF THESE OTHER RESIDENTS? I CAN'T SPEAK TO THAT, QUITE HONESTLY.

I'M THE LAND DEVELOPMENT MANAGER.

I DON'T HAVE AUTHORITY TO SPEAK TO SOMETHING THAT MIGHT BE AN INSURANCE MATTER.

AND THE ONLY REASON WHY I'M ASKING THIS IS BECAUSE IN THE IN THE OPENING STATEMENTS OF ALL OF THIS, WE WE ARE GIVEN THREE DECISIONS.

I MEAN, THREE, THREE CHOICES OF A DECISION TO MAKE.

PROVE IT, DISPROVE IT OR APPROVE IT WITH CONDITIONS.

SO ONE OF THE REASONS WHY I'M EVEN ASKING YOU THIS IS SIMPLY BECAUSE IF WE COULD, IF WE IF WE CAN, WITHIN THE PURVIEW OF THIS BOARD, ATTACH CONDITIONS, THEN I DON'T WANT IT TO FALL ON DEAF EARS.

I WOULD LIKE TO SEE THAT SOMETHING WOULD TAKE PLACE WHERE YOU ACTUALLY MEET WITH THE RESIDENTS AND TALK WITH THE RESIDENTS, WHICH IS ONE OF THE REASONS WHY WE HAVE PUT TOGETHER AND PUT IN TO HAVE CITIZEN PARTICIPATION SO THAT WE DON'T BE GOING BACK AND FORTH IN THESE MEETINGS.

I MEAN, WE'VE DRAGGED THIS OUT FOR AN HOUR AND 12 MINUTES.

YOU KNOW, JUST LIKE THE ATTORNEY SAID, WHEN IT SHOULD HAVE BEEN SIMPLY HAD JUST BEEN WE'RE GOING TO APPROVE A PRELIMINARY PRELIMINARY PLAT OR NOT.

SO IF WE CHOSE TO PUT CONDITIONS ON THIS, THEN AGAIN, I JUST WANT TO MAKE SURE OR IF YOU SAY THAT THAT'S NOT SOMETHING THAT YOU CAN GIVE ME THE ANSWER TO, THEN THERE MAY BE ANOTHER CHOICE THAT I CAN MAKE.

SO IT'S JUST THERE IS ALWAYS THAT.

I MEAN, I CAN'T MAKE YOU CHOOSE ONE OR THE OTHER.

I JUST FIRST. I CAN'T TELL YOU.

I CAN'T TELL YOU. I'M GOING TO PAY SOMEBODY MONEY TO DO SOMETHING THAT I'M NOT AUTHORIZED TO DO.

OH, NO, I'M NOT ASKING YOU TO PAY ME.

I'M. WELL, YEAH. I'M JUST.

I THINK THROUGHOUT THE PROCESS, I'VE DONE A PRETTY GOOD JOB.

I APOLOGIZE TO THIS YOUNG LADY HERE THAT WE'VE HAD AN ISSUE, THAT SHE COULDN'T GET AHOLD OF ME, BUT I DON'T.

I DON'T EVEN KNOW HOW TO GET THE MESSAGES OFF MY PHONE DESK, QUITE HONESTLY.

OKAY. EVERYBODY'S GOT MY CELL PHONE NUMBER.

I'VE TOLD JOHN A NUMBER OF TIMES, IF YOU HAVE A PROBLEM WITH A RESIDENT, TELL THEM TO CALL ME HE'S.

I TOLD HIM A LONG TIME AGO.

GIVE HIM MY PHONE NUMBER.

I'LL DEAL WITH IT. I TRIED TO DO IT AS MUCH AS I CAN.

I'VE MET WITH THE PEOPLE AT ISLAND A NUMBER OF TIMES.

I MEAN, I DON'T KNOW, MAN.

I'M DOING HIS DOING.

DON'T YOU? I COULD DO TO.

I GOT YOU, BUDDY. I GOT YOU.

SO I APPRECIATE YOU.

I APPRECIATE THAT FEEDBACK.

THANK YOU. SIR. YEAH. ALL RIGHT.

THANK YOU SIR. I BRIEFLY SHARE THAT I APPRECIATE OUR LEGAL COUNSEL.

I REMISS IF I DON'T SHARE THAT.

IT MAKES ME UNCOMFORTABLE THAT WE DO COME TO THESE FORUMS, AND WE PUT ON A SHOW AND HAVE A PUBLIC MEETING AND IT'S, YOU KNOW, THE WHOLE ESSENCE OF A SUNSHINE LAW IS THAT IT'S NOT MEANT TO BE A CEREMONY FOR THAT WHICH HAS ALREADY BEEN DECIDED.

BUT WHEN WE GET SO PIGEONHOLED AND PIGEONHOLED AND PIGEONHOLED TO SAY, HEY, THIS IS ALREADY SOMETHING THAT'S DOWN THE HOLE FROM SIX YEARS AGO, AND YOU PRETTY MUCH HAVE NO CHOICE BUT TO SAY YES IT MAKES ME FEEL VERY UNCOMFORTABLE.

I DON'T WANT TO SAY YES.

I FEEL UNCOMFORTABLE SAYING YES.

I DON'T HAVE THE STATUTE IN FRONT OF ME TO POINT TO THE SUBSECTIONS OF WHY I FEEL UNCOMFORTABLE SAYING YES.

BUT FRANKLY SPEAKING, I FEEL UNCOMFORTABLE BECAUSE THIS IS WHERE I LIVE.

THIS IS WHERE I EXIST IN THIS, IN THIS CITY OF PALM BAY.

EVERY LITTLE NOOK AND CRANNY OF IT.

THIS EXACT FOOTPRINT DOES NOT NEED 199 HOUSES ANYTIME SOON.

SO IF YOU'RE ASKING ME TO TO APPROVE THIS, THIS PLAT OR ACTUALLY THE PLAT IS THE NEXT CASE, THIS PRELIMINARY SUBDIVISION PLAN RIGHT NOW AT THIS REGULAR COUNCIL MEETING IN 2024, MY ANSWER IS NO.

SO THAT'S ME SHARING THAT TO THE PUBLIC.

THAT'S ME SHARING IT TO THE BOARD.

DON'T FEEL COMFORTABLE WITH THIS.

I DO NOT APPROVE OF A PRELIMINARY SUBDIVISION PLAN AND I WOULD HAVE A WHOLE LOT MORE FEEDBACK, BUT I'M TRYING TO KEEP MY SCOPE NARROW AS WAS ALL.

WASN'T REQUESTED AS WAS ALL, BUT SAID SO.

THAT'S WHERE I'M AT WITH IT.

IT'S NOT MY SHOW, IT'S THE BOARD.

AND I WOULD LOVE TO HEAR ANY SORT OF MOTIONS THAT ANYONE HAS OR FEEDBACK BEFORE OR AFTER CHAIRMAN.

[01:15:02]

MR. CHAIR, WOULD IT BE ALL RIGHT IF I, IF I GIVE A LITTLE BACKGROUND OR A LITTLE THOUGHT PROCESS ON THIS? WE WOULD LOVE YOUR FEEDBACK. THIS IS MR. FRAZIER. IT IS GROWTH MANAGEMENT DEPARTMENT DIRECTOR.

AND THIS IS ACTUALLY FOR MR. KARAFFA KARAFFA.

CORRECT. AM I SAYING THAT CORRECT? I HAD A NEIGHBOR KARAFFA SO THAT I THINK THAT'S WHAT IT IS.

AND FOR THE PUBLIC, JUST TO GIVE A LITTLE BACKGROUND, BECAUSE I KNOW THIS IS AN ISSUE, I KNOW WE'RE ALL SITTING HERE GOING, WE KNOW THIS IS AN ISSUE.

HOWEVER, THE ISSUE ISN'T WITH THE PLANT AND THAT IS WHAT THE THE ATTORNEY IS TRYING TO SAY THIS IN THE IN OUR PROCESS.

OKAY. AND THIS ALL STARTED BACK IN 2015 IN PHASE ONE AND TWO.

AND THEN 2018, MR. BATTEN WAS POINTING ALL OF THAT OUT.

THEY THEY CAME FORWARD TO THIS CITY.

A LOT OF US WEREN'T EVEN HERE YET.

THEY ASKED FOR PERMISSION TO REZONE.

THEY ASKED FOR PERMISSION TO DO A FINAL, WELL, A PRELIMINARY AND THEN A FINAL DEVELOPMENT PLAN IN 2021.

THAT'S WHAT THEY CAME FORWARD WITH WAS THE PRELIMINARY AND THE FINAL DEVELOPMENT PLANS, WHICH CREATED WHAT YOU'RE SEEING NOW AS FAR AS THE THE, THE FINAL DIVISION OF THE LAND, BUT ALSO WOULD HAVE PROVIDED THE LANDSCAPING AND THE FENCING AND THE SETBACKS AT THAT TIME. AND THAT'S WHEN THE COMMUNITY PARTICIPATION PLANS WERE HELD.

COMMUNITY PARTICIPATION PLANS ARE NOT HELD AFTER CONSTRUCTION BEGINS AND DURING THE PLANNING PROCESS.

OKAY, SO THE PROBLEM, AS I'M SEEING IT AS STAFF, IS THAT IT'S NOT THE PLAT AT THIS POINT.

THAT IS THE ISSUE.

THE ISSUE IS WE HAVE A CONSTRUCTION PLAN AND WE HAVE PERMITS FROM SAINT JOHNS WATER MANAGEMENT DISTRICT THAT MAKES THIS DEVELOPMENT ADHERE TO PROPER DRAINAGE AND A CONSTRUCTION PLAN AND DRAWINGS THAT WILL SHOW WHAT THE ELEVATION SHOULD BE.

SO THESE APPROVED PLANS AND PERMITS ARE NOT BEING ADHERED TO AND ARE CREATING PROBLEMS WITH THE ADJACENT DEVELOPMENTS. THEN NOW IS THE TIME TO COME BACK TO THAT ISSUE.

THE RUBBER IS HITTING THE ROAD NOW, RIGHT? SO THOUGH I WOULD BE HESITANT TO ASK YOU TO PUT CONDITIONS UPON A PLANT, WHETHER IT'S PRELIMINARY PLAT OR A FINAL PLAT, YOU CERTAINLY CAN SEND A STATEMENT TO THE COUNCIL REQUESTING THAT THEY PUT THEY ASKED STAFF TO GO BACK TO THIS CONTRACTOR AND TO THIS DEVELOPER, AND MAKE SURE THAT THEY ARE ADHERING TO THEIR AGREEMENTS AND TO WHAT THE CONSTRUCTION DRAWINGS SHOW, WHAT THE, THE, THE STORMWATER MANAGEMENT PERMITS REQUIRE AND THAT THEY ADHERE TO THAT.

AND, I MEAN, THEY CAN HAVE ANOTHER CITIZEN PARTICIPATION MEETING, IF YOU WILL, UNOFFICIALLY, JUST TO, YOU KNOW, GIVE THESE CITIZENS A CHANCE TO VOICE AND GET AN AUDIENCE WITH THE CONTRACTOR AND THE DEVELOPER.

BUT I WOULD I WOULD HESITATE TO RECOMMEND THAT YOU PUT CONDITIONS ON THE PLAT ITSELF.

THIS BOARD IS ALWAYS ABLE TO COMMUNICATE OFFICIALLY TO THE COUNCIL.

YOU KNOW IN IN IN A STATEMENT, IF YOU SHALL WITH WITH THESE WITH THESE WHAT DO I WANT TO SAY APPROVALS OR DISAPPROVALS.

DOES THAT MAKE SENSE? DOES THAT HELP YOU A LITTLE BIT, FEEL A LITTLE BIT MORE COMFORTABLE WITH WHERE WE'RE AT IN THE PROCESS? IF WE WERE AT THE PRELIMINARY DEVELOPMENT PLAN PHASE, THAT WOULD BE THE TIME TO, YOU KNOW, REALLY DIG INTO SOME OF THE CONCERNS, I THINK.

BUT WE'RE BEYOND IT. AND I THINK THAT'S WHAT THE CITY ATTORNEY IS TRYING TO PORTRAY TO YOU.

I REALLY DO APPRECIATE THE ADDITIONAL FEEDBACK.

I'M SURE THE REST OF THE BOARD DOES.

I WON'T SPEAK FOR THEM. I'LL LET THEM SPEAK, BUT I'M SURE THE PUBLIC DOES AS WELL.

MY MY INQUIRY AS AS A RESPONSE IS WHAT I'M HEARING IS ALMOST A RECOGNITION THAT THE CURRENT THINGS THAT ARE ALREADY APPROVED AREN'T NECESSARILY BEING MET.

SO THAT BRINGS INTO QUESTION FOR ME, A SIMPLE MAN, THEIR ABILITY TO MEET THIS PARTICULAR PLAN.

SO IF I HAVE DOUBT THAT THIS PLAN IS REAL IN THAT THEY HAVE THE ABILITY TO ACTUALLY PRODUCE THIS PRODUCT, DOES THAT NOT GIVE ME GROUND TO FEEL UNEASY AND RECOMMEND TO THE CITY COUNCIL THAT THEY DON'T APPROVE THIS? BECAUSE THAT'S EXACTLY WHERE I'M AT.

I UNDERSTAND, BUT WHEN YOU'RE TALKING ABOUT SUBDIVISION OF LAND AND THEN YOU'RE TALKING ABOUT CONSTRUCTION, IT'S A LITTLE DIFFERENT.

YOU KNOW, WHAT WE'RE HEARING TONIGHT IS DUST, DRAINAGE, COMPACTION, YOU KNOW, BIG MOUNDS OF DIRT.

THAT TO ME IS CONSTRUCTION.

[01:20:02]

AND SO THE CONSTRUCTION PLANS HAVE BEEN APPROVED AND THEY'VE BEEN MOVING FORWARD.

BUT THERE MAY BE AN ISSUE WITH THE CONSTRUCTION OF MEETING THE CONSTRUCTION PLANS.

DO YOU UNDERSTAND WHAT I'M SAYING? AND, PLEASE, I'M NOT TRYING TO PUT WORDS IN YOUR MOUTH.

AND I'M NOT TRYING TO SUGGEST THAT YOU DON'T RECOMMEND WHAT YOU WOULD LIKE TO RECOMMEND.

I'M JUST TRYING TO GIVE YOU MAYBE A LITTLE BIT MORE FEEDBACK FROM STAFF SIDE THAT THE PLANT SHOULD BE ABLE TO BE MET, WHETHER IT SHOULD HAVE BEEN 199 HOUSES OR NOT.

THAT SHIP SAILED A LITTLE WHILE AGO.

YOU CAN'T GO BACK NOW.

BUT THE CONSTRUCTION DRAWINGS ARE STILL IN PLAY.

AND, YOU KNOW, THE THE PERMITS ARE STILL SUPPOSED TO BE MET.

SO WE STAFF COULD ADDRESS THOSE WITH WITH THE CONTRACTOR AND THE DEVELOPER AND SHOULD AND ABSOLUTELY SHOULD.

OKAY. MR. CRAWFORD HAS A QUESTION.

ARE WE ALLOWED TO TABLE SOMETHING? I MEAN, ROBERT'S RULES OF ORDER DOES ALLOW US TO TABLE SOMETHING.

IT'S NOT A DENIAL. IT'S NOT AN APPROVAL TABLE.

IT PENDING RESPONSE FROM CITY COUNCIL TO OUR STATEMENT.

IS THIS ITEM ON TOMORROW NIGHT'S TONIGHT'S AGENDA.

YES, SIR. THIS THIS ITEM IS ON TOMORROW NIGHT'S AGENDA, AND YOU ARE A RECOMMENDING BODY TO THE CITY COUNCIL WILL BE INHERENT UPON THEM TO MAKE A DECISION ONE WAY OR THE OTHER. THANK YOU FOR THAT CLARIFICATION.

FURTHER QUESTIONS.

MR.. GOOD. I JUST FOR DISCUSSION.

I APPRECIATE YOUR THOUGHTS, MR. HRUSHEVSKY, AND BELIEVE ME, I'VE.

I GREW UP ON PORT MALABAR BOULEVARD IN THE 80S, AND SO I, I REMEMBER WHEN THE GOLF COURSE WAS THERE.

IT WAS A BEAUTIFUL PROPERTY, I THINK.

BUT WHAT WE'RE DEALING WITH IS IT'S ALREADY BEEN APPROVED AS A THE, THE, THE DENSITY, THE ZERO LOT LINE PRODUCT. IT'S JUST A MATTER OF HOW THEY ASSEMBLE IT ON THAT PIECE OF LAND.

RIGHT NOW. IT'S IT'S BASICALLY ALREADY, YOU KNOW, IT'S IT'S BEEN APPROVED.

SO BASED ON THAT, AND I UNDERSTAND YOU'RE HAVING PROBLEMS WITH THE CONTRACTOR OR THE CONSTRUCTION OUT THERE, I UNDERSTAND THAT, BUT, YOU KNOW, BASED ON JUST THE THE PLAT, I'M INCLINED TO VOTE FOR IT.

IT'S JUST AGAIN, THIS IS JUST DISCUSSION.

YEAH. I MADE A MOTION.

THANK YOU FOR SHARING THAT, SIR.

MR. BOEREMA. MY CONCERN IS COMING INTO TONIGHT LOOKING AT THESE CASES THAT WERE BEFORE US.

I THOUGHT IT WAS CUT AND DRIED.

THIS HAS ALL BEEN APPROVED AHEAD OF TIME UNTIL I HEAR WHAT THE RESIDENTS ARE GOING THROUGH.

BUT THERE'S GOT TO BE A DIFFERENT RECOURSE FOR THE PUBLIC, WHETHER IT'S GOING TO THE CITY COUNCIL MEETING OR US PUTTING CONDITIONS ON THE SECOND CASE FOR THEM TO LOOK INTO THAT.

BUT, YOU KNOW, COUNCIL'S RIGHT.

WE HAVE NO CHOICE ON THE ON THE FIRST CASE.

PRETTY MUCH EVERYBODY'S GOT TO VOTE.

BOAT? YES. IT'S ALL CUT AND DRIED.

BUT THE CONDITIONS WAS A GOOD IDEA.

PUT SOMETHING ON THERE FOR THE CITY COUNCIL TO LOOK INTO IT AGAIN.

TO MAKE SURE THAT THEY'RE LIVING UP TO THEIR AGREEMENTS.

AND WHAT OF MR. BATTEN HAD MENTIONED THAT THERE'S A BOND OUT THERE THAT THE CITY, YOU KNOW, IF THERE'S NEED TO, THAT CAN DRAW FROM THAT TO DO ANY OF THE REPAIRS THAT NEED TO BE DONE.

I CAN'T IMAGINE MY HOUSE FALLING APART BECAUSE THERE'S HEAVY CONSTRUCTION GOING ON.

SO I THINK THE RECOURSE IS GOING TO BE UNFORTUNATELY, RIGHT BACK TO CITY HALL, WHERE THE CITY COUNCIL TAKES CARE OF IT.

THANK YOU. THANK YOU, SIR.

AND MR. WARREN, IF YOU DON'T MIND, SIR JUST ONCE AGAIN, I MEAN, LIKE I SAID BEFORE, I THINK WE GO RIGHT FROM A A PRELIMINARY SUBDIVISION PLAN RIGHT INTO A FINAL PLAT. NOW, I KNOW BOTH OF THEM ARE DEALING WITH THE PLANTS.

BUT AT THE AGAIN, I THINK THAT WE WE KNOWING THAT THE PRELIMINARY PLANTS BECAUSE IT'S ALREADY THERE. I MEAN, ONE OF MY QUESTIONS EARLIER WAS IF IT'S ALREADY CLEARED, IF IT'S ALREADY READY TO BE BUILT ON.

AND ONE OF THE REASONS WHY I ASKED THAT QUESTION IS BECAUSE YEAH, WE'RE WE'RE AT A PLACE WHERE WE'RE ALREADY IN CONSTRUCTION AND THINGS HAVE TO BE IT HAS TO BE DONE.

NOW, WHERE WHERE I FELT THAT IN THE BEGINNING WAS DISAPPROVING IT, BUT DISAPPROVING IT WITH WITH WITH THE CONDITIONS THAT MAY BE IN OUR FEBRUARY MEETING OR MOVING IT TO A DIFFERENT TO A DIFFERENT MEETING TO WHERE WE CAN, CAN, CAN ACTUALLY GIVE THEM TIME TO FIGURE EVERYTHING ELSE OUT THAT NEEDS TO BE FIGURED OUT. BECAUSE WHEN, WHEN THESE, WHEN THESE THINGS COME TO US WITH ALL THESE DIFFERENT CONDITIONS ALREADY AND THEN IT'S LIKE, AND THAT WAS ONE OF THE REASONS WHY I

[01:25:08]

ASKED THE QUESTION IF THE CONDITIONS HAD ALREADY BEEN MET, THEN OBVIOUSLY THEN THERE ARE OTHER CONDITIONS THAT HAVE ALREADY THAT THAT SURFACE AND PRIOR TO THAT AND THEN AGAIN AFTER THAT.

SO IF IF I WERE TO MAKE A MOTION, THEN IT WOULD BE TO DISAPPROVE IT AND LET'S MOVE IT TO MAYBE THE FEBRUARY MEETING, IF WE COULD, IF WE COULD POSSIBLY TABLE IT WITH WITH THE CONDITIONS THAT, THAT THE OTHER CONDITIONS THAT HAVE AROSE ARE, ARE ARE WORKED THROUGH AND THAT WOULD BE PRETTY MUCH BETWEEN THE DEVELOPER AND THE CITY TO GET ALL GET THE REST OF THOSE THINGS IRONED OUT.

AND THEN IT COMES BACK, EVERYTHING'S CLEARED.

THEN WE MOVE FORWARD FROM THERE.

CAN I ASK A QUESTION, MR. JORDAN, IF YOU JUST TURN OFF.

SORRY. AND OF COURSE, IF THERE WERE A MESSAGE TO THE CITY COUNCIL.

WOULD IT BE ON THE FIRST CASE OR THE SECOND? YOU SAID, DON'T PUT CONDITIONS ON THE PLAT.

SO WOULD YOU RECOMMEND THAT IF ANYTHING IS DONE, THAT WE RECOMMEND TO THE CITY COUNCIL TO CONTINUE DISCUSSION WITH THE WITH THE STAFF ON THE FIRST CASE? I THINK WHAT THE GROWTH MANAGEMENT DIRECTOR STATED AGAIN, AND I DON'T WANT TO CALL THEM CONDITIONS, BECAUSE USUALLY IF YOU'VE GOT A CONDITION, CONDITIONS OF APPROVAL, IT'S THAT YOU'RE IMPOSING CONDITIONS PURSUANT TO.

SO THAT WOULD BE AN EXAMPLE OF A PLAT.

CERTAIN ISSUES.

AND THERE'S SOMETHING ON THE PLAT THAT DOESN'T NECESSARILY FULLY MEET WHAT'S WHAT'S ALREADY LISTED IN THE STATUTE.

SO AS A CONDITION OF, WELL, YOU MUST GO AND EXCEED THIS, THAT THAT 177 ALLOWS, I THINK, WITH GROWTH MANAGEMENT DIRECTOR SAID IS, OKAY, YOU'RE GOING TO GO FORWARD WITH THE PLAT DECISION BASED ON WHETHER OR NOT IT MEETS THE STATUTORY REQUIREMENTS FOR A PLAQUE.

HOWEVER, YOU CAN THEN STATE WE HAVE HAD MEMBERS OF THE PUBLIC COME TO THIS BOARD AND EXPRESS THEIR CONCERNS ABOUT WHAT IS ACTUALLY GOING ON ON THE SITE.

WE WOULD RECOMMEND THAT THE CITY COUNCIL DIRECT STAFF TO FURTHER INVESTIGATE, AND PERHAPS SEE IF THERE'S ANY ENFORCEMENT ACTION THAT IS WARRANTED PURSUANT TO THOSE PERMITS AND PLANS THAT HAVE ALREADY BEEN APPROVED.

OKAY. BUT THEY'RE REALLY NOT RELATED TO THE PLATTING PER SE, SINCE PLATTING IS BASICALLY A MAP THAT DRAWS THE LINES IN THE SAND AND THAT THAT MAP HAS TO MEET THE, THE, THE LIST OF REQUIREMENTS THAT THE STATUTE IMPOSES ON THAT MAP, WHICH IS ALL YOU'RE, YOU'RE VOTING ON TODAY, BOTH AT THIS ONE AND THE NEXT ITEM, BECAUSE YOU'RE ACTUALLY VOTING ON THE PRELIMINARY PLAT AND THE FINAL PLAT TODAY.

SO YOU CAN ASK FOR RECOMMENDATIONS FOR FOR THE COUNCIL TO DIRECT STAFF TO FURTHER INVESTIGATE.

AND THAT'S OUTSIDE OF THE PLAT.

THEN IT BECOMES COUNCIL'S PREROGATIVE TO DIRECT STAFF TO MOVE FORWARD AND INVESTIGATE.

BUT AT LEAST WHEN IT COMES TO THE PLATE, I WANT TO MAKE SURE THAT THIS BOARD UNDERSTANDS ITS PURVIEW AND WHAT IT IS ALLOWED TO APPROVE OR DENY.

YOU CAN DENY THE PLAT AND JUST SAY, LOOK, THIS PLAT DOES NOT MEET THE THE REQUIREMENTS SET FORTH IN THE STATUTE.

AND FOR THESE REASONS, I'M NOT BINDING YOU THAT YOU HAVE TO APPROVE IT BECAUSE THE STATUTE SAYS IT.

BUT IF YOU'RE GOING TO DENY IT HAS TO BE BASED ON EVIDENCE SUPPORTED, THAT THERE'S INCONSISTENCIES WITH THE REQUIREMENTS OF A PLAT IN 177 EVIDENCE RELATING TO CONSTRUCTION DEBRIS, DUST, DRAINAGE, THOSE ARE OUTSIDE OF 177.

SO THEREFORE, UNDER THE LAW THAT DOES NOT CONSTITUTE COMPETENT, SUBSTANTIAL EVIDENCE TO SUPPORT A DECISION OF DENIAL OF A PLAT FOR NOT MEETING THE REQUIREMENTS OF 177, IT WOULD BE LIKE, I MEAN, TO SIMPLIFY IT, I CAN ONLY PUT IT IN A CRIMINAL CONTEXT OF A CRIMINAL TRIAL.

SOMEONE'S ON, SOMEONE'S ON TRIAL FOR GRAND THEFT, AND THE ENTIRE TRIAL IS THEN BASED ON WHETHER THIS PERSON COMMITTED ASSAULT AND BATTERY FIVE YEARS AGO.

WELL, YOU CAN'T CONVICT SOMEONE ON GRAND THEFT ON EVIDENCE THAT THEY COMMITTED ASSAULT AND BATTERY FIVE YEARS AGO JUST BECAUSE THEY'RE A BAD GUY.

SO MIGHT AS WELL GET THEM ON THIS, TOO.

THAT'S WHERE I'M GOING ON.

WHAT'S RELEVANCE? WHAT'S ON RELEVANCE, AND WHAT IS THE SCOPE OF YOUR REVIEW AND THE MATTER THAT'S BEING PRESENTED TO YOU HERE TONIGHT IS PRELIMINARY PLAT ON THE NEXT ONE, SINCE IT'S THE SAME APPLICANT ON A FINAL PLAT.

SO YOUR DECISION HAS TO BE BASED ON THAT SCOPE.

BUT YOU CAN TAKE UNDER ADVISEMENT THE, THE THE THE INFORMATION THAT THE RESIDENTS HAVE PROVIDED YOU.

AND YOU CAN RECOMMEND TO CITY COUNCIL THAT THEY DIRECT STAFF TO, TO INVESTIGATE FURTHER, JUST AS THE RESIDENTS MAY COME TO THE CITY COUNCIL MEETING AND EXPRESS THEIR CONCERNS DIRECTLY TO COUNSEL TO THE CITY COUNCIL COUNSEL NOT COUNCIL CELL, BUT AND THEN AND LET LET COUNCIL DIRECT STAFF TO INVESTIGATE FURTHER. OKAY.

[01:30:02]

SO THESE BASICALLY THESE BOTH CASES ARE PLATS NOT ONES NOT A PLAN.

THEY'RE BOTH PLATS. BOTH.

WE HAVE A PRELIMINARY PLAT WHICH IS THIS ITEM.

AND THEN THE FINAL PLAT.

AND UNDER UNDER FINAL PLAT THE BASICALLY YOUR SCOPE IS IS THE FINAL PLAT CONSISTENT WITH THE PRELIMINARY PLAT THAT'S BEEN PRESENTED TO YOU HERE TONIGHT? OKAY. THANK YOU FOR THE CLARIFICATION.

ALL RIGHT. THANK YOU.

HAVING HEARD FROM EVERYBODY, I WILL AT THIS TIME ASK IF THERE IS A MOTION WITH THE CLARIFICATION.

NO. ALL IDEAS OF THE DIRT AND STUFF I BROUGHT UP THAT THE CITY AND COUNCIL HAS.

THIS PLAT HAD APPROVED A PERIMETER FENCE AT THE WEST END OF OUR PROPERTY.

SIR, I'LL ASK YOU TO TAKE THE RECOURSE THAT WAS MENTIONED, AND I JUST CAN SHARE WITH YOU THAT WE'VE HEARD WE'VE HEARD FEEDBACK FROM YOU AND YOUR NEIGHBORS.

WE CAN'T HEAR ANYTHING.

AND IT WON'T BE TRANSCRIBED BECAUSE IT'S NOT IN THE MICROPHONE.

SO IS THERE A MOTION IN REGARDS TO THIS CASE.

MR. CHAIRMAN, I WOULD MAKE A MOTION THAT WE TABLE IT AND WE SEND A STATEMENT TO CITY COUNCIL TO ENTERTAIN THE ISSUES THAT THESE RESIDENTS HAVE AND MAYBE ANY PERMIT VIOLATIONS THAT ARE CURRENTLY EXISTING.

I HAVE TO ADVISE YOU, IF YOU'RE TABLING THIS, YOU HAVE TO SET IT TO A DATE CERTAIN BECAUSE THIS IS A MEETING THAT'S ADVERTISED.

YOU CAN'T TABLE AN ITEM INDEFINITELY.

OH, OKAY. UNTIL OUR FEBRUARY MEETING.

OKAY. OKAY.

SO I HAVE THAT MOTION.

IS THERE A SECOND? SECOND. OKAY, SO WE HAVE A MOTION BY MR. KARAFFA SECONDED BY MR. WARNER. AND THE MOTION IS TO TABLE THE ISSUE SO FAR AS US ISSUING OUR RECOMMENDATION TABLE, THIS CASE FROM THIS PLANNING AND ZONING BOARD, AND BRING IT BACK, BRING IT BACK IN THE FEBRUARY REGULAR COUNCIL MEETING WITH IT. ALSO A NOTE OF DELAY DELIVERING A MESSAGE TO THE CITY COUNCIL IN REGARDS TO THE CONCERNS THAT HAVE BEEN EXPRESSED THIS EVENING.

SO THAT MOTION IS MADE BY MR. KARAFFA IS SECONDED BY MR. WARNER. I FEEL OBLIGATED TO HAVE MORE DISCUSSION BEFORE CALLING THE VOTE, BUT DOES ANYONE HAVE ANYTHING ELSE TO SHARE? MR. BOEREMA, COULD I ASK COUNCIL? IS IT RECOMMENDED TO TABLE THIS? I DON'T SEE WHAT GOOD THAT'LL DO.

DON'T WE HAVE TO VOTE ON THIS BEFORE SO IT CAN GO TO CITY COUNCIL? YOU'RE YOU'RE YOU'RE A RECOMMENDATORY BODY THAT IS RECOMMENDING A MATTER TO THE CITY COUNCIL.

BEAR IN MIND THAT IF THIS IF YOU'RE TABLING THIS MATTER IN ORDER TO HEAR MORE INFORMATION.

THAT'S WHAT THE CLARIFICATION IS.

YOU WANT TO TABLE THIS MATTER, BUT TO HEAR MORE INFORMATION NOT RELATED TO THE ITEM THAT'S BEFORE YOU HERE TONIGHT, WHICH IS THE PLAQUE, YOU'RE ASKING FOR ADDITIONAL INFORMATION. I THINK THAT, BUT BUT IT'S ADDITIONAL INFORMATION THAT CANNOT FORM THE BASIS FOR YOUR DECISION WHETHER OR NOT TO RECOMMEND APPROVAL OR DENIAL OF THE PLAQUE.

IT'S MAINLY OTHER ISSUES THAT ARE BEING RAISED BY THE RESIDENTS.

SO IN THAT SCOPE, I'M NOT SURE IF YOU HAVE THAT AUTHORITY TO MOVE FORWARD.

AND IN ADDITION, WHAT YOU'RE GOING TO END UP DOING IS PUSHING THIS FOR AN APPLICANT BEYOND THEN TO FEBRUARY, PROBABLY THE SECOND MEETING IN FEBRUARY.

I MEAN, IT'S ADDING AN ADDITIONAL TWO MONTHS TO ANSWER A QUESTION WHOSE ANSWER HAS NO BEARING ON THE ITEM.

THAT'S BEFORE YOU HERE TODAY.

I WOULD ADVISE NOT TO TABLE THIS.

IF YOU'RE NOT COMFORTABLE, RECOMMEND DENIAL AND LET THAT RECOMMENDATION GO UP TO CITY COUNCIL FOR CITY COUNCIL TO DETERMINE, ONE WAY OR ANOTHER WHAT TO DO WITH IT.

OR RECOMMEND RECOMMEND APPROVAL AND LET IT GO TO CITY COUNCIL AND LET CITY COUNCIL DECIDE THEY'RE THE FINAL ARBITER.

THIS BOARD IS NOT THE FINAL ARBITER OF THIS ISSUE.

CITY COUNCIL IS THE FINAL ARBITER.

YOU'RE YOU ARE JUST A RECOMMENDING BODY TO THE COUNCIL.

AND I THINK TABLING THIS MATTER.

YOU'RE ASKING A QUESTION AND SEEKING ANSWERS, BUT THE ANSWERS YOU'RE GOING TO GET HAVE NO BEARING ON YOUR DECISION.

WE COME BACK IN FEBRUARY.

WHATEVER ANSWERS COME BACK DO NOT AFFECT WHETHER OR NOT THIS PRELIMINARY PLAT AND THE FINAL PLAT, BECAUSE IF YOU TABLE THIS ONE, YOU'RE GOING TO AUTOMATICALLY TABLE THE OTHER ONE. MEET THE STANDARDS SET FORTH FOR WHAT'S REQUIRED FROM PLAT UNDER CHAPTER 177 FLORIDA STATUTES.

OKAY. ALL RIGHT.

SO WITH UNFORTUNATELY NOT.

SO THE PUBLIC HEARING IS CLOSED.

CAN WE REOPEN? OKAY, SO WE HAVE A MOTION ON THE TABLE.

WE'VE HAD DISCUSSION.

WE'VE GOTTEN LEGAL COUNSEL.

I'M CALLING THE QUESTION ON THE MOTION AT HAND.

ALL THOSE IN FAVOR OF THE MOTION SAY AYE.

AYE. OPPOSED? SAY NAY. NAY.

[01:35:01]

NAY. MR. WARNER. WERE YOU? AYE. NAY. YES, SIR.

OKAY. SO THAT MOTION FAILS 5 TO 1.

SO THAT MEANS THAT THE FLOOR IS NOW OPEN FOR A MOTION FROM THE BOARD.

SO I'M GOING TO ENTERTAIN SUCH A MOTION TO APPROVE PS 24 00004 WITH A STATEMENT TO THE CITY COUNCIL REGARDING THE CONCERNS FROM THE PUBLIC.

I WILL SECOND.

OKAY, SO NOW WE HAVE A MOTION BY MRS. JORDAN AND SECONDED BY MR. GOODE, AND THE MOTION AT HAND IS TO RECOMMEND FOR APPROVAL CASE PS 240004 AND TO SEND UP WITH THAT RECOMMENDATION FOR APPROVAL. A NOTATION OF THE CONCERNS THAT WERE RAISED THIS EVENING FROM THE CITIZENS ON THIS PROJECT.

SEEING NO NEED FOR DISCUSSION UNLESS ANYONE NEEDS TO PIPE IN, I'D LIKE TO CALL THAT QUESTION.

ALL THOSE IN FAVOR? AYE. AYE. AYE.

OPPOSED? NAY.

I'M DOING THE MATH. GOOD. I THINK IT PASSES 5 TO 1.

WELL, IT WAS TWO NAYS. TWO.

EXCUSE ME. SO THAT'S 4 TO 2.

MR. WARNER, YOU WERE AN AYE AS WELL.

YES, SIR. I'M SORRY.

YES, SIR. ALL RIGHT. MR. WARNER AND MR. OLSZEWSKI WERE BOTH NAYS.

THAT MOTION PASSES 4 TO 2.

IT WOULD BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL.

THAT BRINGS US INTO NEW BUSINESS CASE NUMBER TWO, WHICH IS CASE FS 240004.

I'LL DEFER TO MISS RAMOS.

OKAY. THIS IS THE FINAL PLAT FOR THE RESERVE AT COUNTRY CLUB LAKE ESTATES.

AND IT'S AGAIN 199 LOTS AND APPROXIMATELY 74.24 ACRES.

AGAIN, THEY'VE HAD CITIZEN PARTICIPATION MEETINGS AND MET ALL OF THE NOTIFICATION REQUIREMENTS AND BOARD ACTION IS NEEDED SO THAT PLANNING AND ZONING BOARD CAN REVIEW THE FINAL SUBDIVISION PLAT APPLICATION AT THIS PUBLIC HEARING AND MAKE A RECOMMENDATION TO CITY COUNCIL.

AND AN ANALYSIS WAS JUST GOING TO POINT OUT.

SO THIS PROJECT HAS BEEN IN THE WORKS FOR QUITE A LONG TIME.

SO THEY ARE FALLING UNDER OUR OLD CODE.

BUT I ALSO HAVE SOME QUOTES UP THERE FROM WHAT OUR NEW CODE IS GOING TO BE REGARDING FINAL PLATS.

SO THE OLD CODE AND THE CURRENT NEW CODE, THEY'RE 170 2.0 53B BOTH REQUIRE THAT A FINAL PLAT CONFORM SUBSTANTIALLY TO THE PRELIMINARY PLAT, WHICH THIS ONE DOES.

AND I ALSO WANTED TO LET YOU KNOW THAT IN THE FUTURE, IN OUR STREAMLINING OF OUR PROCESS, WE'RE GOING TO BE SENDING FINAL PLATS IN THE FUTURE DIRECTLY TO CITY COUNCIL. THEY WON'T BE COMING THROUGH PLANNING AND ZONING ANY LONGER.

AND THAT IS PRIMARILY BECAUSE ONCE YOU GET TO THE FINAL PLAT, IT'S A VERY FORMAL PROCESS.

LIKE MR. RODRIGUEZ WAS DISCUSSING, AND THEY HAVE TO BE IN CONFORMANCE WITH THE PRELIMINARY PLAT.

ALL THE CONDITIONS HAVE TO HAVE ALREADY BEEN MET.

SO JUST WANTED TO LET YOU KNOW THAT THAT CHANGE IS COMING, BUT WE DO STILL NEED A RECOMMENDATION ON THIS FINAL PLAT, AND IT DOES COMPLY WITH ALL OF THE REQUIREMENTS.

SO STAFF'S RECOMMENDATION IS FOR APPROVAL.

AND AGAIN, THE PLANNING AND ZONING BOARD CAN RECOMMEND TO CITY COUNCIL APPROVAL APPROVAL WITH CONDITIONS OR DISAPPROVE.

THANK YOU, MISS RAMOS.

TRADITION I'LL LEAD WITH QUESTIONS FOR YOU.

WHEN DOES THAT ADMINISTRATIVE CHANGE DUE TO TAKE PLACE? SO THE NEW CODE IS IN EFFECT.

BUT WE HAVE PROJECTS THAT HAVE BEEN REVIEWED AND MOVING THROUGH THE PROCESS UNDER THE OLD CODE.

AND THEY'LL CONTINUE TO TO FOLLOW UNDER THOSE GUIDELINES.

SO I THINK IT WOULD BE A WHILE BEFORE A FINAL PLAT PROBABLY WOULDN'T BE COMING THIS WAY.

IT HAS TO BE A PROJECT THAT ORIGINATES AFTER THAT WAS PUT INTO EFFECT.

AND WHEN WAS IT PUT INTO EFFECT? RIGHT AFTER.

WHEN? WHEN WAS THE CHANGE? THAT WAS IN SEPTEMBER.

UNDERSTOOD. OKAY.

THANK YOU VERY MUCH FOR THAT CLARIFICATION.

IS THERE ANY OTHER FURTHER QUESTIONS FROM THE BOARD FOR MISS RAMOS? SEEING NONE. THANKS AGAIN MA'AM.

WILL THE APPLICANT OR THE REPRESENTATIVE PLEASE APPROACH THE MICROPHONE AND STATE YOU GIVE YOUR PRESENTATION? SCOTT BUSTIN WITH LANSING HOMES.

ONCE AGAIN, I DON'T HAVE MUCH OF A PRESENTATION.

MORE OF A QUESTION AND ANSWER SESSION.

I WOULD LIKE TO POINT OUT TO THE, THE COMMITTEE THAT THE ISSUES THAT WE'RE DEALING WITH, WITH THE RESIDENTS RIGHT NOW ARE PRIMARILY CONSTRUCTION ISSUES AND NOT PLAT ISSUES.

AND THEY WILL BE ADDRESSED BEFORE WE CAN GET A COCK ON THE PROJECT.

I DON'T KNOW IF YOU'RE NOT FAMILIAR WITH THE CLOSEOUT OF A PROJECT.

WE'VE GOT TO MEET EVERYTHING.

ALL YOU KNOW, THE AS BUILT PLANS HAVE TO MEET THE PLANS.

ALL THAT'S GOT TO GO IN THROUGH REVIEW, THROUGH THE PLANNING DEPARTMENT AND THROUGH SURVEY.

SO IF THERE'S A DRAINAGE ISSUE THAT GOT MISSED ON THE APPROVED PLANS AND THAT COMES OUT ON THE AS BUILTS, YOU KNOW, THAT'S

[01:40:06]

SOMETHING THAT'LL GET TAKEN CARE OF BEFORE THE CITY WILL ISSUE A COCK ON THE PROJECT CERTIFICATE OF COMPLETION.

SO I UNDERSTAND THAT, YOU KNOW, LIKE I SAID, THIS IS THE FIRST TIME I'VE HEARD OF THESE DRAINAGE ISSUES THROUGHOUT THE WHOLE PROJECT, SO I HAVEN'T HAD A CHANCE TO ADDRESS IT.

OBVIOUSLY, I'M GOING TO BE TALKING TO THE ENGINEER AND THE CONTRACTOR TOMORROW ABOUT IT.

SO BUT THEY ARE CONCERNED.

ALL RIGHT. THANK YOU FOR THE PRESENTATION SIR.

WE APPRECIATE IT. ANY QUESTIONS FOR THE APPLICANT FROM THE BOARD? MR.. MR..

BORMAN, PLEASE. MY QUESTION IS, I WISH YOU WERE A LITTLE MORE PREPARED WITH AN ENGINEER HERE TONIGHT, BUT IT PROBABLY DOESN'T PERTAIN TO THIS CASE ANYWAY.

BUT MAYBE WE COULD ADDRESS SOME OF THE CONCERNS OF THE PUBLIC.

I REALIZE AT THE END OF THE PROJECT, YOU WILL RECTIFY THINGS THAT HAVE TO BE DONE.

BUT IF HOUSES ARE ALREADY IN ELEVATION IS FOUR FEET ABOVE OTHER HOUSES ON THE SURROUNDING AREA, WHAT DO YOU DO THEN? I WOULD IMAGINE YOU HAVE TO DIG A WELL OR SOMETHING TO PUT IN THERE.

I DON'T KNOW, I'M NOT A CONSTRUCTION PERSON, BUT I'M JUST DISAPPOINTED THAT THERE'S NOT SOME AN ENGINEER HERE, BUT THAT'S PROBABLY JUST MY OPINION.

BUT THANK YOU FOR YOUR PRESENTATION.

AND JUST JUST THE THING YOU JUST MENTIONED WAS A BIG HELP.

THANK YOU. YEAH. I MEAN, I CAN'T APOLOGIZE FOR MR. BASS FOR NOT BEING HERE, BUT I KNOW HE HAS SOME HEALTH ISSUES, AND I'M NOT SURE.

I HAVEN'T TALKED TO HIM IN A WEEK, SO.

OKAY. I DON'T KNOW.

YEAH. YOU CAN DO WHAT YOU CAN DO.

YEAH. OKAY.

THANK YOU, MR. CHAIRMAN. THANK YOU, SIR. MR. CRAWFORD. I'M DISAPPOINTED AS WELL TO TO HEAR THIS COMMENT.

IT'S HARD TO SIT HERE AT THE FIRST MEETING AND HEAR THIS, AND AND YOUR RESPONSE TO THIS LADY HERE IS THAT YOUR VOICEMAIL ISN'T SET UP.

THAT'S THAT'S DISTURBING TO HEAR.

IF YOU'RE GOING TO COME.

AND THAT WOULD BE KIND OF THE BARE MINIMUM, I WOULD THINK, IN TERMS OF A PRESENTATION.

THANK YOU SIR.

ALL RIGHT. I THINK THAT CONCLUDES THE QUESTIONS FROM THE BOARD FOR NOW FOR THE APPLICANT.

THANK YOU SIR.

FOR THE RECORD, THERE ARE MULTIPLE LETTERS IN THE FILE PERTAINING TO THIS CASE.

I WILL NOW OPEN THE FLOOR TO PUBLIC COMMENT AND ASK, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK IN FAVOR OF THIS REQUEST? MR. CHAIR, IF I MAY, FOR THE SAKE OF EFFICIENCY, IF WE CAN LIMIT PUBLIC COMMENTS TO THE SCOPE OF UNDER REVIEW, WE'VE ALREADY HEARD, BECAUSE THE ISSUES ARE IDENTICAL.

WE'VE ALREADY HEARD SOME OF THE CONCERNS REGARDING CONSTRUCTION THAT ANY PUBLIC COMMENTS BE IT'S UP.

IT'S YOUR PREROGATIVE AS CHAIR, BUT I WOULD ADVISE IF ANY PUBLIC COMMENTS ARE LIMITED SOLELY TO WHETHER OR NOT THIS PLAT FINAL PLAT IS CONSISTENT WITH THE PRELIMINARY PLAT.

I WILL CHOOSE TO FOLLOW THE GUIDANCE OF MY LEGAL COUNSEL IN THAT INSTANCE, AND REEMPHASIZE THAT ANYBODY THAT WOULD LIKE TO SHARE MUST REMAIN GERMANE TO THE POINT. YOU HAVE A MAXIMUM OF THREE MINUTES.

NOW, WOULD ANYONE LIKE TO SPEAK IN FAVOR OF THIS REQUEST? WOULD ANYONE LIKE TO SPEAK IN OPPOSITION? MA'AM. I WANT TO DIRECT YOU TO THE. SORRY.

CHERYL RITTENHOUSE, 1044 LUTHER DRIVE, NORTHEAST.

THIS HAS TO DO WITH THE CONSTRUCTION SITE AND WITH THE PLAT, WHICH IS WHAT I CAME UP HERE TO TALK TO YOU ABOUT TO BEGIN WITH.

I'M GOING TO WALK OVER AND POINT TO YOU WHERE I LIVE AND SHOW YOU THE PROBLEM.

WE NEED YOU ON THE MICROPHONE, MA'AM.

NOTHING WILL GET ENTERED.

I LIVE, I LIVE. REAL SIMPLE.

I LIVE ON THE WATERWAY ON THE OTHER SIDE.

IF YOU LOOK ACROSS, THERE IS NO PLAN TO PUT A GUARDRAIL OR FENCE UP ALONG THAT WATERWAY.

THE HOUSES THAT ARE GOING TO BE THERE ARE GOING TO BE BACKING OUT OF THEIR DRIVEWAYS, TO A ROAD THAT YOU CAN'T EVEN TURN AROUND ON, AND THEY'RE GOING TO END UP IN THE WATER.

IT IS A DANGER.

I'M A RETIRED FIREFIGHTER PARAMEDIC, ACTUALLY, LIEUTENANT PARAMEDIC FROM THIS PROUD CITY.

I'VE SEEN IT WAY TOO MUCH.

CARS IN THE WATER.

THIS IS A SETUP FOR CARS IN THE WATER.

IT IS A DANGER ON THE PLAT TO NOT HAVE A GUARDRAIL OR A FENCE GOING AROUND.

WHERE? AT THAT POINT, ACROSS FROM OUR WHOLE AREA WHERE THERE'S GOING TO BE NO FENCE, OKAY? CARS ARE GOING TO BACK IN.

THERE'S NOTHING TO STOP THEM FROM ENDING UP IN THE WATERWAY.

THERE'S ALSO TWO SIDES THAT COME INTO THIS IN DIRECTIONS FOR THIS DEVELOPMENT, FROM THIS SIDE TO THIS SIDE, WHICH WILL BE CARS WILL BE GOING BACK AND FORTH WHEN THEY MAKE THE ONE TURN WHERE THE ROAD IS.

IF HIS CAR IS BACKING OUT, THEY'RE GOING TO END UP IN THE WATER.

OKAY. IT'S SOOT DOWN THERE I'VE STUFFED OUT THERE IN THE WATER BECAUSE OF ALL THE EXTRA STUFF THAT'S IN IT.

YOU'RE GOING TO SINK FOUR FEET DEEP.

IF ANYBODY FALLS OFF THAT EDGE WHERE THE SIDEWALK IS, THAT IS BUILT, WHICH IS PART OF THE PLAT.

[01:45:06]

THE SIDEWALKS ARE IN.

THE DROP OFF IS NOT TO CODE.

IT IS NOT A 401 DROP OFF.

YOU'RE GOING TO DROP STRAIGHT OFF AND FALL INTO THE WATER, AND YOU'RE NOT GOING TO BE ABLE TO GET OUT BECAUSE YOU'RE GOING TO BE STUCK.

OKAY. I WOULD RECOMMEND EVERYBODY HERE TO PLEASE GO LOOK AT WHAT WE'RE TALKING ABOUT ON PAPER, BECAUSE YOU WILL SEE YOU CANNOT MAKE A CIRCLE ON THE ROAD.

YOU'RE GOING TO BACK UP.

I AM SPECIFICALLY HERE FOR THE SAFETY OF THE WATERWAY ACROSS FROM MY HOUSE.

MY BACKYARD IS THE WATERWAY AND THE DROP GOES DOWN LIKE THIS.

THEY CAN'T MAKE THEIR DROP NOW ANY DEEPER BECAUSE THEY'VE ALREADY PUT THEIR ROAD IN AND THEY'VE ALREADY PUT THE SIDEWALK IN.

SO NOW THEY CAN'T GO ANY FURTHER THIS WAY.

SO IF THEY DON'T MAKE A PLAN TO PUT UP A GUARDRAIL OR SOMETHING TO PROTECT THAT WATER, SOMEBODY IS GOING TO DROWN.

SOMEBODY'S GOING TO END UP IN THAT WATER.

AND I WANT IT KNOWN AT THIS MEETING ON RECORD THAT IF A GUARDRAIL OR A PROTECTION IS NOT PUT UP AROUND THAT, IT HAS BEEN NOTED AT THIS MEETING THAT IF A DEATH OCCURS, IT IS ON THE DEVELOPER.

THANK YOU. THANK YOU FOR SHARING, MA'AM.

IS THERE ANYONE ELSE WHO WOULD LIKE TO SPEAK IN OPPOSITION TO THIS REQUEST? I SEE A GENTLEMAN. GO AHEAD.

AGAIN. MY NAME IS MIKE VALLELY.

1064 LUTHER DRIVE IN BIMINI BAY.

ONE OF THE ISSUES THAT I BROUGHT UP ON THE OTHER WAS A PLAT ISSUE, AND THAT IS THE CITY COUNCIL WITH THE ENGINEER.

BASSFORD APPROVED THAT WE WOULD GET A PERIMETER FENCE AS PART OF THAT PLAT ON OUR EAST PART OF OUR PROPERTY. SO THAT IS A PLAT ISSUE.

THAT'S NOT A CONSTRUCTION ISSUE.

I WISH THAT I WOULD HAVE, BECAUSE THAT'S IN THE MINUTES OF THE COUNCIL MEETING FROM OVER A YEAR AGO.

IF YOU END UP WELL, THAT'S A PLAT ISSUE, AND I'M TELLING YOU THAT THAT WAS APPROVED BY THE CITY COUNCIL. THANK YOU.

SIR. IS THERE ANYONE ELSE WHO WISHES TO SPEAK, SIR? THANK YOU AGAIN.

I'M CHRIS ROSS, 696 PORT MALABAR BOULEVARD.

SO I LOOKED IT UP AND THE STANDARD PLAT MAP DOES NOT INCLUDE DETAILED ELEVATION ISSUES. HOWEVER, A SUBDIVISION PLAT DOES DESIGNATE AND DEPICTS NECESSARY EASEMENT FOR UTILITIES, DRAINAGE, AND ACCESS TO OTHER AND OTHER PURPOSES.

MY BIG CONCERN IS DRAINAGE.

BECAUSE THE GUY THAT MOWS MY YARD FOR THE LAST TEN YEARS SAID THAT HE HAS NEVER SEEN LIKE IT WAS DURING THE HURRICANE IN THE LAST TEN YEARS.

DAYS AFTER THE STORM HAD WENT.

THERE ARE INSECTS AND PESTS TO THE POINT WHERE I'VE GOT SANDHILL CRANES IN MY BACKYARD, WHICH HAS BEEN SENT WITH THOSE PICTURES THAT YOU HAVE.

AND THERE IS A ANOTHER PICTURE THAT INVOLVES AN ELECTRICAL BOX, AND THE WATER IS RIGHT UP TO THE BOTTOM OF THAT ELECTRICAL BOX.

NOW, I DON'T KNOW WHAT'S INSIDE.

I'VE SEEN PEOPLE WORK ON IT WHEN IT'S BEEN OUT BEFORE, BUT TO ME THAT'S A BIG SAFETY HAZARD.

AND AGAIN, THE PLOT I UNDERSTAND IT DOESN'T EVEN KNOW THE ELEVATIONS 3 TO 4 FOOT ABOVE WHAT OURS IS.

IT DOES INCLUDE DRAINAGE UNDER WHAT BELONGS ON A PLAT MAP.

THAT'S ALL I GOT. THANK YOU.

IS THERE ANYONE ELSE WHO WISH TO SPEAK? IS THIS YOUR PHONE? IT'S FINE.

OKAY. I BELIEVE IT EVERYWHERE.

DEBBIE HEIZER, 944.

WYLIE. I DON'T KNOW.

I THINK THIS IS A PLAID ISSUE.

WE WERE TOLD THERE WOULD BE A PERIMETER FENCE.

NOW I'M HEARING THAT THE ONLY PERIMETER FENCE IS GOING TO BE ON THAT TRIANGULAR SECTION OF VILLAGE GREEN.

WHENEVER TWO YEARS AGO, WHEN MY NEIGHBOR WAS GOING TO PUT A FENCE IN, HE WAS TOLD BY THE PEOPLE CLEARING, NO, NO, THEY'RE GOING TO PUT ONE.

HE KEEPS ASKING, WHEN IS IT GOING TO BE? NOW ALL OF A SUDDEN TONIGHT I'M HEARING THERE'S NO FENCE GOING TO BE.

ISN'T THAT PART OF THE PLAT THING THAT WE WERE TOLD THERE WOULD BE A FENCE BETWEEN OUR PROPERTY AND THAT PROPERTY? IS THAT PART OF THE PLAT? IT WAS JUST A QUESTION.

I WAS UNDER THE UNDERSTANDING UNTIL TONIGHT THAT WE WERE GETTING A FENCE BETWEEN THE PROPERTIES.

[01:50:04]

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

THIS IS GERMANE TO THE PROCESS OF APPROVING A PLAT TO THE PROCESS AS PART OF THE PLAT.

HOW YOU CAME UP WITH THE PROCESS.

THIS STARTS BECAUSE OF SIMPLE THE PLANNING AND ZONING AND CITY COUNCIL APPROVED ZONING CHANGES.

KNOWING THAT ONCE THEY CHANGE THE ZONE, IT'S ALMOST GUARANTEED EVERYTHING THEREAFTER HAPPENS GETS APPROVED ALMOST 99% OF THE TIME IN THE CITY OF PALM BAY, BECAUSE YOU CHANGE THE ZONING THAT WAS DESIGNATED.

SO IF THE IF THE PLANNING AND ZONING BOARD NEVER CHANGES THE ZONING, YOU NEVER HAVE TO WORRY ABOUT BEING EMBARRASSED UP THERE WHERE YOU SAY, WELL, IT'S ALREADY BEEN APPROVED UP TO THIS POINT, SO YOU GOT TO GIVE IT THE RUBBER STAMP AND SEND IT ON.

NOW YOU SAY YOU PASS A VOTE IS GOING TO BE RECOMMENDED TO THE CITY COUNCIL TOMORROW.

TOMORROW IT'S GOING TO HAVE A RECOMMENDATION OF CITY COUNCIL SAID A VOTE FOR APPROVAL.

THAT'S WHAT CITY COUNCIL IS GOING TO SEE.

WHEN YOU ATTEND THE CITY COUNCIL MEETINGS, YOU'RE GOING TO SEE PLANNING AND ZONING RECOMMENDED APPROVAL BASED ON LOOKING AT WHAT THE CITIZENS HAD TO SAY ABOUT IT.

THAT'S WHAT THE RECOMMENDATION WAS.

SO THAT'S THE PROCESS THAT ALREADY ONE MORE TIME, ADVANCE IT TO THE NEXT STAGE, WHICH WAS THE FINAL PLAT, WHICH ONE YOU'RE ON NOW.

SO LOOK BACK AT THE PROCESS.

IF YOU NEVER APPROVED THE REZONING CHANGE TO BEGIN WITH, YOU NEVER HAVE TO WORRY ABOUT BEING EMBARRASSED BY WHAT'S HAPPENING TO WITHIN YOUR CITY.

THANK YOU VERY MUCH.

THANK YOU SIR.

IS THERE ANYONE ELSE WHO WISHES TO SPEAK? SEEING NONE, WE'LL CLOSE THE FLOOR FOR PUBLIC COMMENTS.

BRING THE CASE BACK TO THE BOARD.

BOARD MEMBERS, AFTER HEARING ALL THE EVIDENCE, ARE THERE ANY FURTHER QUESTIONS OR EMOTION? MOTION. IS THE FENCE A PART OF THE PLOT? I THINK WE CAN GIVE THEM THE PERIMETER FENCE.

I THINK WE CAN AT LEAST PUT THAT IN AS A CONDITION.

EVEN ON THE PLAT. ISSUE.

BECAUSE THE PLAT IS ONLY SIMPLY CREATING THE BOUNDARIES OF LAND, NOT NECESSARILY.

WHAT'S BUILT LIKE A PLAT DOESN'T DICTATE WHAT TYPE OF HOUSE YOU'RE GOING TO BUILD.

IT JUST SAYS, HERE'S THE LOT, HERE'S THE FOUR CORNERS OF YOUR LOT.

NOW THEY'RE GOING TO BE OTHER PLANS.

THEY'RE GOING TO DICTATE WHETHER WHAT TYPE OF FENCING, WHAT TYPE OF WALL, WHAT TYPE OF HOUSING PLAT IS JUST LINES IN THE SAND.

THAT'S ALL A PLAT IS, AND THAT'S ALL THAT'S REQUIRED TO BE ON A PLAT IS BASICALLY SHOWING THE PROPER SHOWING THE PROPER BOUNDARIES, THEIR LOCATIONS, THEIR POINTS OF REFERENCE FOR SURVEYORS. THAT'S THE CRITERIA THAT 77 SETS OUT FOR A PLAT.

NOT WHAT'S GOING TO BE CONSTRUCTED ON THE LAND.

IT'S JUST HERE ARE THE LINES IN THE SAND.

I APPRECIATE THE CLARIFYING QUESTION.

MRS JORDAN. DID YOU HAVE SOMETHING NOW, WITH THAT CLARIFICATION, I MUST MAKE A MOTION TO MOTION TO APPROVE F S 24 00004 AND RELAY OUR COMMENTS FROM THE PUBLIC TO THE CITY COUNCIL.

AND I WILL SECOND.

OKAY. SO I HAVE A MOTION BY MRS. JORDAN, SECONDED BY MR. GOODE. AND THAT MOTION IS TO RECOMMEND FOR APPROVAL CASE FS240004 WITH ATTACHED TO THAT RECOMMENDATION.

A NOTATION OF THE CONCERNS SHARED BY THE PUBLIC THIS EVENING.

BEFORE I CALL THAT QUESTION, I'LL MENTION THAT TO MR. BATTEN'S POINT. THE MINUTES GET SUMMARIZED.

I DON'T SEE ANY ANY LOGISTICAL WAY THAT ALL OF THESE COMMENTS WILL GET SUMMARIZED AND BE PUT FORTH BEFORE THE COUNCIL AND THE COUNCIL BE ALLOWED TO ASK QUESTIONS AND UNDERSTAND FURTHER AND SO ON AND SO FORTH, BEFORE THEY HAVE THEIR CEREMONY FOR THAT WHICH HAS ALREADY BEEN DECIDED.

BUT THAT'S JUST ME SHARING MY SENTIMENT.

I ALSO DOUBLE CLICK ON MR. BARTON'S SENTIMENT OF THE FACT THAT AT THE ZONING CHANGES IS WHEN WE NEED TO BE TALKING ABOUT THESE THINGS.

AND IT'S FUNNY BECAUSE WHEN WE GET TO TALKING ABOUT ZONING CHANGES AND WE GET TOO INVOLVED WITH WHAT'S GOING TO BE THERE, SAY, HEY, THAT'S GOT TO BE DOWN RANGE OF THE PROCESS. SO IT KIND OF SEEMS LIKE THERE'S NEVER A GOOD TIME TO TALK ABOUT OUR DISPLEASURE WITH THE PROJECTS.

THAT'S REALLY FRUSTRATING AS A CITIZEN, LET ALONE AS A MEMBER OF THIS BOARD, MOREOVER, AS THE CHAIRMAN OF THIS BOARD.

BUT I'LL CONTINUE TO SERVE BECAUSE I LOVE THE CITY.

THAT BEING SAID, WOULD ANYONE LIKE TO ADD ANYTHING BEFORE WE CALL THE QUESTION ON THIS MOTION? MR. CHAIRMAN? MR. BOEREMA, FIRST, I'D LIKE TO THANK MR. BATTEN FOR MAKING ME AWARE THAT I SHOULD BE EMBARRASSED.

BUT WE DID WHAT WE THOUGHT WE COULD DO, AND WE DON'T HAVE THE FINAL SAY.

WE GET CITY COUNCIL, WHICH HAS A LOT MORE EXPERIENCE AND HIGHER PAY SCALE, MUCH MORE HIGHER.

[01:55:02]

SO AS FAR AS THE RESIDENTS, I SUGGEST THAT YOU BE AT THE CITY COUNCIL MEETING AND MAKE YOUR DEMO OF THE PEOPLE THAT ARE GOING TO MAKE THE DECISION, SO I RECOMMEND YOU BE THERE.

THANK YOU, MR. BOEREMA. I'D JUST LIKE TO SAY THAT YOU'VE BEEN IN THIS COUNCIL CHAMBERS MANY MORE TIMES THAN HALF OF THE MEMBERS OF COUNCIL, AND YOU DESERVE THE CREDIT FOR THAT, SIR.

WHEN IT COMES TO EXPERIENCE.

SO WITH THAT BEING SAID, I'M GOING TO CALL THIS QUESTION THE MOTIONS AT HAND IS TO RECOMMEND FOR APPROVAL, INCLUDING COMMENTS.

ALL THOSE IN FAVOR? AYE. ANY OPPOSED? NAY. NAY.

THAT MOTION PASSES 4 TO 2.

ALL RIGHT. THAT BRINGS US UP TO OUR OTHER BUSINESS ITEM, WHICH IS A MEMBER APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD I'M GOING TO DEFER TO.

[OTHER BUSINESS:]

MR. FRAZIER, MISS CHANDRA CHANDRA.

YES. THERE IS NOW A VACANCY ON THE COMMUNITY DEVELOPMENT ADVISORY BOARD.

WE DO NEED A PLANNING AND ZONING BOARD MEMBER TO SERVE ON THAT BOARD.

SO WE'RE ASKING FOR VOLUNTEERS AND FOR THE BOARD TO TAKE ACTION.

THANK YOU, MISS CHANDRA.

IS THERE ANYBODY WHO WISHES TO SERVE IN THIS CAPACITY? I DON'T EVEN KNOW WHAT IT MEANS.

COMMUNITY DEVELOPMENT ADVISORY BOARD IS A BOARD WITHIN THE CITY THAT HELPS DELEGATE AND ALLOCATE FUNDING FROM COMMUNITY BLOCK DEVELOPMENT GRANTS AND THINGS OF THE SORT.

ORGANIZATIONS THAT WANT MONEY THAT THE CITY HAS CONTROL OVER COME AND THEY SHARE AND THEY REQUEST MONEY TO MAKE A CHANGE IN OUR COMMUNITY.

THAT'S MY UNDERSTANDING AS A SIMPLE CITIZEN OF THIS CITY.

THAT'S THAT'S WHERE I'M AT.

AND THE BOARD MEETS THE THIRD WEDNESDAY OF EVERY MONTH.

THIRD WEDNESDAY OF THE MONTH IN THE CITY COUNCIL CHAMBERS.

YES, SIR. MR..

GOOD, I THINK YOU'VE RECENTLY RESIGNED.

YES. I'LL JUST ADD SOME SOME COMMENTS TO YES, I DID RECENTLY.

I'VE ACTUALLY I'VE MISSED, I THINK, ABOUT THREE MEETINGS WITHIN THE PAST YEAR, SO I PROBABLY MISSED 25% OF THE, OF THE MEETINGS.

AND I THINK THEY WANTED MORE ACTIVE PARTICIPATION, BUT I JUST SIMPLY COULDN'T WITH TRAVEL SCHEDULES.

I'M OUT OF TOWN QUITE A BIT AND I CAN'T MAKE I COULDN'T MAKE THAT COMMITMENT AND THIS COMMITMENT.

SO SO YEAH, THAT'S WHY IT'S OPEN.

BUT IT IS EXACTLY THAT.

IT IS. IT'S PROBABLY A COUPLE HOURS.

IT IS ONCE A MONTH.

AND THEY DO TALK ABOUT LOW INCOME HOUSING.

JUST THEY, THEY TRY TO COME UP WITH SOME IDEAS TO SHARE WITH CITY COUNCIL AND ON DIFFERENT, DIFFERENT ISSUES LIKE THAT THAT AFFECT THE CITY. OKAY.

THANK YOU VERY MUCH. MR..

GOOD, IS ANYBODY GOING TO MAKE A MOTION RECOMMENDING ANYONE? THERE'S A LACK OF VOLUNTEERS HERE, SO SEE WHAT'S GOING ON.

WELL, THE PERSON WE WERE GOING TO WE WERE WE WERE PLANNING TO RECOMMEND HE WON'T BE HERE EITHER, UNFORTUNATELY.

I WOULDN'T MIND DOING THAT UNDER NORMAL CIRCUMSTANCES, BUT AS OF TONIGHT, I RESIGNED.

THIS IS MY LAST MEETING DUE TO FAMILY HEALTH, SO UNFORTUNATELY, I CANNOT DO IT.

HONESTLY, TEAM LIKE, I'M NOT GOING TO PASS IT AROUND LIKE A HOT POTATO.

I'LL SHARE WITH YOU. LIKE I WOULD BE HAPPY TO DO IT.

I'M NOT TRYING TO COME OUT LIKE LIKE THE EAGER PERSON BY ANY MEANS, BUT IF THERE'S A LACK OF APPETITE, I'LL CERTAINLY DO IT.

I KNOW THE SUBJECT MATTER.

I KNOW THE STRUCTURE OF THE MEETINGS.

I'LL BE HAPPY TO DO IT.

SO IF SOMEONE NOMINATES ME, I'LL SHOW UP.

PUT IT THAT WAY. I THINK HE SAID THAT.

SO I NOMINATE MR. OLSZEWSKI FOR THE POSITION SECOND.

OKAY. SO MR. BOEREMA, SECONDED BY MR. KARAFFA NOMINATED MYSELF FOR THE APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD.

AND ALL KIDDING ASIDE, I WILL DO IT AND I'LL DO IT WITH PRIDE AND PASSION.

AND THAT'S WHAT YOU GUYS SIGNED UP FOR BY MAKING THAT MOTION RIGHT THERE.

SO ALL THOSE IN FAVOR? AYE, AYE. ANY OPPOSED? SEEING NONE THAT PASSES UNANIMOUSLY.

ALL RIGHT, THAT BRINGS US TO A CONCLUSION OF THIS MEETING.

THIS MEETING IS NOW ADJOURNED.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.