I'M GOING HERE. GOOD EVENING EVERYBODY. CAN YOU HEAR ME? 
          [00:00:05]
OKAY. THUMBS UP IN THE BACK. YOU CAN HEAR ME. 
          ALL RIGHT. THANKS A LOT. GOOD EVENING. I'M CALLING TO ORDER THE PLANNING AND ZONING
MEETING HERE ON APRIL THE 2ND. 
          IT'S CALLED ORDERED. FIRST ORDER OF BUSINESS I'M GOING TO ASK FOR EVERYBODY IS TO PLEASE
SILENCE YOUR CELL PHONES. 
          TENDS TO BE AN ANNOYANCE AND CAN BECOME DISRUPTIVE,
SO PLEASE DO SO. 
          BUT FIRST WE'RE GOING TO ASK MR. MCNALLY, IF YOU'LL LEAD US IN THE PLEDGE OF ALLEGIANCE,
IF YOU WOULD ALL PLEASE RISE. 
          PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR
WHICH IT STANDS. 
          ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. 
          THANK YOU. MISS POWELL. WILL YOU PLEASE CONDUCT A ROLL CALL? ALL YOUR. MR. KARAFFA HERE. MR. WARNER. PRESENT,
MR. FILIBERTO. HERE. MR. HIGGINS. HERE, MISS JORDAN. 
          PRESENT, MR. MCNALLY. HERE, MR. NORRIS. PRESENT. 
          OUR SCHOOL BOARD APPOINTEE POSITION IS STILL VACANT. 
          AND DEPUTY CHIEF CITY ATTORNEY MICHAEL RODRIGUEZ IS PRESENT. 
          WE DO HAVE A QUORUM. THANK YOU. AT THIS POINT IN TIME,
ALL OF YOU SHOULD HAVE RECEIVED A COPY OF THE MINUTES IN YOUR PACKET FROM OUR PREVIOUS 
          [ADOPTION OF MINUTES:]
MEETING. DO I HEAR A MOTION TO ACCEPT THE MINUTES FROM THE MARCH 5TH MEETING? I'LL MAKE A MOTION TO APPROVE THE MINUTES FROM THE MARCH 5TH MEETING. 
          I HAVE A MOTION TO SECOND. THANK YOU. AND THAT WAS FILIBERTO AND SECOND FROM MR. MCNALLY. ALL OF THOSE IN FAVOR INDICATE BY SAYING I. 
          I. ALL OPPOSED? THANK YOU. I HAVE A RATHER LONG ANNOUNCEMENT. 
          [ANNOUNCEMENTS:]
I'M SORRY YOU GUYS HAVE TO LISTEN THROUGH THIS WHOLE THING. 
          FOR THE BENEFIT OF THE APPLICANTS AND THE AUDIENCE,
THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS. 
          THE LAND DEVELOPMENT DIVISION STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE BROUGHT
BEFORE US THIS EVENING. 
          BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR THE STAFF. 
          THE APPLICANT OR THEIR 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
COMMENT. 
          WE WILL FIRST HEAR THOSE WHO WISH TO SPEAK IN FAVOR OF THE APPLICATION,
THEN THOSE IN OPPOSITION TO THE APPLICATION FOR ALL PROCEEDINGS. 
          ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN THE SPEAKER OATH CARDS LOCATED AT
THE SIDE OF THE ROOM AND AT THE PODIUM. 
          PLEASE PRINT LEGIBLY AND SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME,
ADDRESS AND COMMENTS. 
          FOR THE RECORD, JUST SO YOU KNOW, IF YOU FORGET,
I WILL REMIND YOU. 
          IT'S IMPORTANT THAT WE HAVE THAT RECORDED IN THE MINUTES. 
          AS A COURTESY, I ASK THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHO MAY HAVE
SIMILAR COMMENTS, YOU INFORMALLY APPOINT A SPOKESPERSON TO CLARIFY YOUR VIEWS. 
          AFTER PUBLIC COMMENTS, I WILL BRING THE CASE BACK TO THE BOARD. 
          AT THIS TIME, THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS WILL BE HEARD FROM THE
AUDIENCE. 
          I WILL THEN CALL FOR A MOTION AND A SECOND, AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL
COMMENTS OR FURTHER DISCUSSION. 
          I WILL THEN CALL FOR A VOTE. DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED
TO THE CITY COUNCIL FOR FINAL DISPOSITION. 
          THANK YOU FOR YOUR ATTENDANCE THIS EVENING AND FOR YOUR COOPERATION IN ADHERING TO THE
MEETING GUIDELINES. 
          WITH THAT, WE WILL GET STARTED. CASE. WELL, IT LOOKS LIKE WE HAVE A SPECIAL ELECTION THAT
WE ARE GOING TO BE HEARING FROM MISS FRAZIER ABOUT THE 
          [ELECTION:]
COMMUNITY DEVELOPMENT ADVISORY BOARD. YES, MISTER MR. CHAIR, WE HAVE WITH US THIS EVENING DENISE CARTER,
AND SHE IS WITH OUR COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT, AND SHE WILL BE EXPLAINING TO YOU ALL ABOUT WHAT THE CDA ACTUALLY DOES SO THAT PERHAPS ONE
OF YOU WOULD AGREE TO VOLUNTEER TO ATTEND AND ASSIST IN THE, IN THAT BOARD. 
          LET ME GET OUT OF THIS AND OPEN THIS UP FOR YOU. 
          DENISE. EXCUSE ME ONE MINUTE. I THINK THIS IS. 
          GOOD EVENING. GOOD EVENING. HI, I'M DENISE CARTER. 
          I'M THE. I'M THE HOUSING ADMINISTRATOR FOR HOUSING,
FOR THE HOUSING AND COMMUNITY DEVELOPMENT DIVISION, WHICH WHICH SHE MENTIONS IS UNDER THE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT. 
          I WAS. OH, THAT WAS SO MUCH NICER. 
          IT'S MOVED MOVED RIGHT TO THE NEXT PLACE. YOU. 
          [00:05:04]
ALL OF YOU ALL WILL SEE BLUE PACKETS. I'M A GATOR,
SO I HAD TO GO WITH BLUE. 
          AND THEN IT. I'LL GO OVER SOME OF THE THE INFORMATION THAT'S HERE. 
          I PUT TOGETHER A PACKET TO HELP WITH YOUR DECISION MAKING. 
          ON THE LEFT SIDE, YOU'LL SEE WE WORK WITH THREE GRANT PROGRAMS,
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 
          SO THAT INFORMATION IS ON THE LEFT SIDE OF THE FOLDER THE SHIP PROGRAM AND THE HOME
PROGRAM, AND THOSE ARE HOUSING PROGRAMS. AND YOU'LL SEE,
WE'LL TALK ABOUT THAT MORE IN DEPTH. 
          THE COMMUNITY DEVELOPMENT BLOCK GRANT, THE STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM,
WHICH IS SHIPPED, AND THE HOME INVESTMENT PARTNERSHIP PROGRAM. WHICH IS HOME. 
          AND ON THE RIGHT HAND SIDE, YOU'LL SEE I GAVE YOU A COPY OF THE. 
          POWERPOINT PRESENTATION. YOU'LL SEE IN THERE THE FLORIDA STATUTE FOR 20.976. 
          AND THEN THE ADMINISTRATIVE FLORIDA ADMINISTRATIVE CODE 6737 .01. 
          AND THAT'S JUST TO GIVE YOU MORE BACKGROUND INFORMATION ON THE THE STATE HOUSING
INITIATIVE PARTNERSHIP PROGRAM AND THE THE INCENTIVE STRATEGIES THAT THAT THE BOARD WORKS ON. AND THEN THEN THEY'RE ALSO INCLUDED THE BYLAWS
FOR THE COMMUNITY DEVELOPMENT ADVISORY BOARD AND A SCHEDULE FOR OUR FUNDING RECOMMENDATIONS THAT WE DO WITH OUR GRANT PROGRAM. 
          WE TAKE IT THROUGH A PROCESS, AND THE ADVISORY BOARD IS VERY MUCH INVOLVED IN THAT
PROCESS. 
          LASTLY, YOU'LL SEE WHAT THE PROPOSED FUNDING RECOMMENDATIONS ARE FOR OUR FEDERAL PROGRAM,
THE COMMUNITY DEVELOPMENT BLOCK GRANT, AND ALSO THE HOME PROGRAM. THE LAST SHEET AND YOU'LL SEE SOME OF THE PROJECTS THAT ARE
PROPOSED FOR FUNDING. 
          SO WE DO A LOT OF HELPING PEOPLE. THAT'S WHAT THE GOAL OF THE ONE OF THE,
THE DRIVING PASSIONS OF THE GOAL OF THE BOARD IS TO HELP PEOPLE. AND IT'S TO HELP PEOPLE WITH PROJECTS THAT WILL BE IMPLEMENTED IN
THE CITY. 
          SO I JUST WANT TO GIVE YOU THOSE HANDOUTS SO YOU CAN SEE THEM. 
          YOU CAN ALSO SEE SOME OF THE FUNDING RECOMMENDATIONS. 
          THAT WON'T BE THE FINAL NUMBER BECAUSE THERE HAVE BEEN A LOT OF CUTS IN WASHINGTON. 
          SO THE FEDERAL SIDE WE KNOW WILL BE CUT. JUST WE JUST DON'T KNOW WHAT THAT AMOUNT IS GOING
TO BE YET. 
          YEAH. I'LL MOVE ON. SO THIS EXPLAINS THE PURPOSE AND INTENT. OF THE CITIZENS OF THE ADVISORY BOARD. 
          THE PURPOSE AND INTENT OF THE BOARD IS TO SERVE AS A CITIZEN INPUT MECHANISM FOR THE
COMMUNITY. 
          AND IN AN ADVISORY CAPACITY TO STAFF AND CITY COUNCIL FOR COMMUNITY DEVELOPMENT
ADMINISTERED PROGRAMS. AND THEN WE TALKED ABOUT THE NEXT ONE WOULD BE THE THOSE DIFFERENT GRANT PROGRAMS,
AGAIN, THAT I MENTIONED, THE COMMUNITY DEVELOPMENT BLOCK GRANT,
THE STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM, AND THE HOME PROGRAM. THEN I INCLUDED NEXT SOME OF THE THINGS THAT WE DO. 
          SO YOU COULD SEE PRACTICALLY HOW WE ACTUALLY ADMINISTER OUR PROJECTS,
SO WE GET GRANTS, BUT WE ACTUALLY, WITH OUR OFFICE, HAVE TO ADMINISTER THEM AND THEY HAVE TO BE FINISHED BY A CERTAIN TIME,
BECAUSE THE WHOLE GOAL IS TO EXPEND FUNDS IN THE COMMUNITY AND MAKE SURE PROJECTS HAPPEN SO WE CAN ACQUIRE PROPERTY. WE WORK ON A LOT OF PUBLIC FACILITIES AND IMPROVEMENTS. 
          WE CAN CLEAR AND HELP WITH REMEDIATION ACTIVITIES. 
          WE FUND SEVERAL PUBLIC SERVICES IN OUR IN THE COMMUNITY. 
          WE CAN HELP WITH INTERIM ASSISTANCE, RELOCATE PEOPLE IF THEY'RE IN HOUSING. 
          AND WE NEED TO RENOVATE. WE'RE DOING THAT NOW WITH AN APARTMENT COMPLEX IN PALM BAY. 
          WE CAN RENOVATE, WHICH IS HOUSING REHABILITATION,
RENOVATE APARTMENTS. 
          WE ACTUALLY CAN PAY FOR CODE ENFORCEMENT. WE'VE WORKED WITH ECONOMIC DEVELOPMENT. 
          I'VE WORKED WITH A BIG ECONOMIC DEVELOPMENT PROJECT WHEN I WAS WITH THE CITY OF MELBOURNE. 
          HOME WE CAN ACQUIRE THROUGH HOME OWNERSHIP ASSISTANCE. 
          WE CAN HELP WITH CAPACITY BUILDING AND WE PAY FOR ADMINISTRATION. 
          I CAN KEEP ON GOING. YOU CAN SEE ALL THAT LISTED UNDER EACH GRANT. 
          [00:10:03]
WE CAN DO DIFFERENT THINGS AND THAT'S WHAT WE DO. 
          FOR INSTANCE, WE HAVE NO MONIES IN HOUSING UNDER COMMUNITY DEVELOPMENT BLOCK GRANT BECAUSE
WE ACTUALLY HAVE QUITE A BIT OF MONEY UNDER THE SHIP PROGRAM. 
          THE CITY RECEIVES A LITTLE BIT OVER $1 MILLION A YEAR. 
          SO WE'RE WORKING ON REHABILITATING PEOPLE'S HOMES. 
          UNDER THE HOME PROGRAM, YOU CAN SEE ALL OF THE SPECIFICS THAT WE'RE ABLE TO DO. 
          AND THEN UNDER THE SHIP PROGRAM. AND THAT IS JUST TO GIVE YOU AN IDEA. 
          SO WHEN YOU'RE DEALING WITH OUR BOARD, THESE ARE THE VARIOUS TYPES OF PROJECTS. 
          IF WE DECIDE TO FUND THEM THAT YOU WOULD BE MAKING DECISIONS ON SEVERAL YEARS AGO. 
          THE BOARDS WERE COMBINED. SO WE HAD THE COMMUNITY DEVELOPMENT BLOCK GRANT BOARD,
AND WE HAD THEN WITH UNDER THE SCHIP PROGRAM, THEY REQUIRED THE CITIES, CITIES AND COUNTIES THROUGHOUT THE STATE OF FLORIDA TO ALSO HAVE
AN AFFORDABLE HOUSING ADVISORY COMMITTEE. 
          SO THE CITY DECIDED TO COMBINE THE TWO BOARDS. 
          SO THAT'S WHY YOU SEE THE GRANTS, THE TWO FEDERAL,
THE FEDERAL PROGRAMS AND THE THE STATE PROGRAM COMBINED. 
          AND SO THE DECISION MAKING IS MADE ON BOTH. THERE ARE SOME CITIES THAT HAVE THE COMMITTEES
SET SEPARATE, BUT IT WORKS BETTER TO HAVE JUST ONE BOARD. SO THAT PEOPLE WILL BE ATTENDING AND MAKING
DECISIONS. 
          SOME OF THE. OH, SORRY, I'M TALKING AND NOT MOVING. 
          SOME OF THE ROLES AND RESPONSIBILITIES UNDER THE COMMUNITY DEVELOPMENT. 
          AND I DECIDED TO TO, TO TO SEPARATE THE TWO SO YOU COULD SEE HOW THE TWO CAME TOGETHER. 
          THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME PROGRAMS. SOME OF THE ROLES AND RESPONSIBILITIES WILL BE FUNDING RECOMMENDATIONS. 
          SO WE TAKE THE BOARD THROUGH A PROCESS. AND AND WE PROVIDE THE INFORMATION TO THE BOARD
AND STAFF, MAKES RECOMMENDATIONS TO THE BOARD. AND THEN THE BOARD MAKES RECOMMENDATIONS TO CITY
COUNCIL. 
          SO IT'S A IT'S A QUITE A BIT IT'S A LENGTHY PROCESS. 
          AND YOU'LL SEE THAT IN THE SCHEDULE WHEN WE GET TO IT. 
          WE REVIEW AFFORDABLE HOUSING POLICIES AND PROCEDURES FOR OPERATING THE PROGRAMS,
THE TWO GRANT PROGRAMS, THE FEDERAL PROGRAMS. WE REVIEW THE FIVE YEAR THE THE BOARD REVIEWS THE FIVE YEAR
CONSOLIDATED PLAN AND OUR ANNUAL ACTION PLAN AND OUR CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT. 
          SO EVERY YEAR AT THE END OF THE YEAR, WE HAVE TO REPORT TO HUD WHAT WE'VE ACCOMPLISHED ON
OUR ACCOMPLISHMENTS. 
          AND THAT REPORT GOES TO THE ADVISORY BOARD AND THE ADVISORY BOARD. 
          THEN REVIEWS IT AND APPROVES IT BEFORE IT GOES TO TO THE US DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT. 
          YEAH. UNDER THE SCHIP PROGRAM, THAT'S IT'S MANDATED THAT WE HAVE THE,
THE AFFORDABLE HOUSING ADVISORY COMMITTEE. SO WITH THAT, THERE ARE A LOT OF INCENTIVES,
AND YOU'LL SEE THAT ON THERE WHERE WE, WE HAVE THE THE REGULATORY INCENTIVES. AND I'VE GIVEN YOU COPIES OF THOSE THAT FLORIDA
STATUTE AND THEN THE ADMINISTRATIVE CODE THAT I'VE GIVEN YOU COPIES OF THAT HELPS WITH MAKING
AFFORDABLE HOUSING INCENTIVE STRATEGIES FOR LOCAL GOVERNMENT. 
          SO WE ACTUALLY WE HAVE SOME THINGS THAT HAVE THAT ARE WORKING NOW AT THE CITY THAT'S
REALLY WORKING ESPECIALLY WITH REDUCTION OF PERMITTING COSTS FOR AFFORDABLE HOUSING. 
          AND THAT'S WE HAVE A FORM AND THAT COMES IN WHEN WE'RE RENOVATING A HOME. 
          SO WE'RE ABLE TO HELP THAT HOME. WE'RE, WE'RE RENOVATING A MAJOR PROJECT WITH THE WOMEN'S
CENTER, DOMESTIC VIOLENCE SHELTERS, THE ONLY DOMESTIC VIOLENCE SHELTER IN THE CITY OF PALM BAY. 
          AND WITH THAT, I'M WAITING ON THE FORM TO THEM TO COME IN SO THAT WE CAN RENOVATE FOUR
APARTMENT UNITS FOR DOMESTIC VIOLENCE. SO THOSE ARE SOME OF THE THINGS THAT WE'RE DOING. 
          WE REVIEW THE COMMITTEE WILL REVIEW POLICIES AND PROCEDURES,
ORDINANCES, LAND DEVELOPMENT REGULATIONS AND ADOPT LOCAL GOVERNMENT AND ADOPTED LOCAL GOVERNMENT. THE THE COMPREHENSIVE PLAN. 
          [00:15:03]
THE THEY WILL REVIEW THE LOCAL HOUSING ASSISTANCE PLAN AND RECOMMEND INITIATIVES TO
ENCOURAGE AND OR FACILITATE AFFORDABLE HOUSING WHILE PROTECTING THE ABILITY OF THE PROPERTY TO APPRECIATE AND VALUE. 
          AND THAT'S IMPORTANT BECAUSE WE WANT PROPERTIES ALWAYS TO INCREASE IN VALUE. 
          AND AND MAINTAIN THEIR VALUE. THE OTHER THING THE COMMITTEE,
THE THE COMMITTEE ALSO THE ADVISORY BOARD ALSO RECOMMENDS MODIFICATIONS OR REPEALS OF OF EXISTING POLICIES AND
PROCEDURES AND REGULATIONS THAT MAY OR MAY NOT BE HELPFUL TO AFFORDABLE HOUSING, AND CREATION OF EXCEPTIONS OF OF THAT ARE APPLICABLE TO AFFORDABLE HOUSING AND ADOPTION OF
NEW POLICIES OR AMENDMENTS TO TO THE TO THE COMPREHENSIVE PLAN THAT MAY BE HELPFUL TO AFFORDABLE HOUSING. 
          LASTLY, I THINK BEFORE I SHOW YOU SOME PICTURES. 
          THESE ARE THE CATEGORIES. THIS THIS IS FROM OUR BYLAWS OF ALL THE MEMBERS AND THE MEMBERS
THAT THAT MAKE UP THE AFFORDABLE HOUSING. THE COMMUNITY DEVELOPMENT ADVISORY BOARD,
AND THAT IS SET UP TO BY THE BY OUR SHIP FUNDS. THROUGH THE FLORIDA STATUTES. 
          SO WE HAVE TO HAVE SOMEBODY FROM YOUR COMMITTEE. 
          AND I HOPE THAT YOU ALL WILL CONSIDER THAT WE MAY NOT MEET EVERY MONTH. 
          WE MEET WHEN WE NEED TO. WHEN WE HAVE AN ACTION,
THAT'S WHEN WE THAT'S WHEN WE MEET. 
          SO HOPEFULLY THAT WILL GIVE YOU AN IDEA OF ALL OF THE DIFFERENT TYPES OF, OF PEOPLE THAT ARE ON OUR GROUP AND WHO THEY REPRESENT. 
          THEY HAVE TO RESIDE IN THE CITY. THEY MAY BE WORK REPRESENTING AN EMPLOYER A FOR PROFIT
PROVIDER FOR AFFORDABLE HOUSING LABOR, REAL ESTATE. AND WE HAVE ALL OF ALL THOSE DIFFERENT TYPES. 
          IT'S 11 DIFFERENT AREAS THAT WE FEEL. SO LASTLY. 
          I WANT TO SHOW YOU SOME OF THE PROJECTS THAT WE DO,
AND THAT'S WHAT I WAS SAYING. 
          WE GET THE GRANTS, BUT WE ALSO HAVE TO IMPLEMENT IT AND WE CAN'T JUST SIT ON IT. 
          WE HAVE TO EXPEND OUR FUNDS BY A CERTAIN TIME. 
          ALL OF THEM, ALL OF THE GRANTS HAVE EXPENDITURE DEADLINES. 
          SO THAT'S A THAT'S A BEFORE AND AN AFTER PICTURE OF BEFORE PICTURE. 
          I'M SORRY. AND THAT'S THIS IS AN AFTER PICTURE OF THE PARK. 
          AND SO WE USED OUR GRANT FUNDS THERE IN THE PARK. 
          THE PARKS HAVE TO BE QUALIFY AS LOW TO MODERATE INCOME. 
          WE WE'RE WORKING A LOT NOW, AND WE'LL BE WORKING A LOT ON AT LIBERTY PARK AND RIVIERA
PARK. 
          WE'RE PUTTING IN A TENNIS COURT THERE. HERE. I'M SORRY. 
          WE HAD THE VEHICLES IN FRONT. WE HAVE TO TAKE SOME WITHOUT THE VEHICLES IN FRONT. 
          THAT'S THAT'S ON THE LEFT. YOU'LL SEE. THAT'S WHAT THAT APARTMENT COMPLEX LOOKED LIKE. 
          IT'S IN PALM BAY, IN NORTHEAST PALM BAY BEFORE AND THEN AFTER. 
          AND WE'RE JUST FINISHING UP ON THAT, THAT PROJECT THERE. 
          AND THEN WE GO INTO HOMES. WE DON'T DO WE DON'T SPEND EXTRAVAGANT,
EXTRAVAGANT AMOUNT OF MONEY IN HOMES. 
          WHAT WE'RE TRYING TO DO IS MAKE THEM DECENT AND SAFE. 
          THAT'S WHAT THAT'S THE GOAL. DECENT AND SAFE. 
          AND WE HAVE TO REMIND THE HOMEOWNERS AFTER THEY WATCH HGTV,
RIGHT? YOU KNOW THAT THAT'S NOT OUR GOAL. WE DON'T HAVE THAT KIND OF MONEY. 
          AND WITH PRICES GOING UP IT IS GETTING TOUGH. 
          BUT WE DO TRY TO MAKE IT NICE FOR THEM AFTER WE LEAVE. 
          WE'RE ABLE TO DO. AND YOU'LL SEE HERE IMPACT GLASS. 
          AND THAT IS KEY, ESPECIALLY IF IT'S A SENIOR HOME. 
          PEOPLE CAN'T BOARD UP. YOU KNOW, IF YOU'VE LIFTED ANY OF THOSE. 
          YES, MA'AM. YOU KNOW HOW HEAVY THEY ARE. THE SHUTTERS. 
          SO WE PUT IN IMPACT GLASS IF WE CAN. WE DO TRY TO DO THAT. 
          AND THIS IS ONE OF THE HOMES WE JUST FINISHED UP. 
          SHE HAS IMPACT GLASS WINDOWS, BUT IT WAS JUST. 
          SHE KEEPS HER HOUSE NICE ANYWAY. BUT WE DID A LOT OF FLOORING AND IMPACT GLASS. 
          AND IN HER HER HOME, SHE HAS A SPECIAL NEEDS CHILD. 
          [00:20:01]
AND WE WELCOME A NEW BOARD MEMBER FROM THE PLANNING AND ZONING,
AND I HOPE THIS INFORMATION IS HELPFUL TO YOU. 
          THANK YOU, MRS. CARTER, I APPRECIATE THAT. IF YOU WANT TO WAIT AROUND FOR JUST A QUICK
SECOND. 
          DOES ANY MEMBER OF THE BOARD HAVE A QUESTION FOR HER REGARDING THIS? I WOULD JUST LIKE TO ADD THAT YOU KNOW, IT IS IMPORTANT THAT WE HAVE A REPRESENTATIVE FROM
OUR BOARD ON THIS INITIATIVE. 
          ON THEIR BOARD, IT HELPS TO FOSTER COMMUNICATION BACK AND FORTH. 
          IT ALSO ALLOWS US TO TO KEEP SOME OF THESE THINGS IN MIND WHEN THEY'RE COMING FORWARD. 
          AND IT IS A REQUIREMENT OF THEIR BYLAWS. SO IT'S GOT TO BE ONE OF US. 
          SO WITH THAT DOES ANYBODY HAVE ANY QUESTIONS FOR MISS CARTER? DID YOU HAVE A QUESTION? YES. GO AHEAD. COULD YOU EXPLAIN HOW THE CITY GETS FUNDS,
AND IS THERE A PROPORTION THAT GOES TO THE CITY OR TO INDIVIDUALS? OKAY. HOW THE CITY IS FUNDING AND WHAT CAN YOU SPEAK INTO THE MIC I WAS
TRYING. 
          YOU BROUGHT UP GOODY PARK THAT SOME OF THE FUNDS WENT THERE. 
          IS THERE SOMETHING THAT YOU HAVE TO GIVE SO MUCH FUNDS TO THE CITY PROJECTS AND THEN TO
INDIVIDUALS OR HOW, HOW DOES THE CITY GET FUNDS. OKAY. THE CITY,
THE CITY RECEIVES ENTITLEMENT FUNDS FROM THE FEDERAL GOVERNMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANTS. SO USUALLY IN MAY,
WE'RE TOLD EXACTLY HOW MUCH THE CITY WILL, WILL BE RECEIVING. 
          BUT WE HAVE TO TAKE IT THROUGH A CERTAIN PLANNING PROCESS. 
          THERE'S A PROCESS THAT WE HAVE TO GO THROUGH. 
          IF YOU DON'T GO THROUGH THAT PROCESS, THEN YOU DON'T MEET THE REQUIREMENTS TO GET THE
MONEY. 
          SO WE STARTED THAT PROCESS AND YOU'LL SEE ON THIS SCHEDULE,
WHICH IS NEAR THE BACK PAGE ON THE RIGHT HAND SIDE. 
          THAT'S THE WHOLE PROCESS THAT WE'VE BEEN TAKING THIS THROUGH. 
          SO WE START AND WE HOLD A MEETING AND WE HOLD A MEETING HERE BACK IN DECEMBER. 
          AND THEN WE HAD PROPOSALS WHICH WE PUT OUT AND MADE MADE AVAILABLE. 
          AND WE ANNOUNCED IT AND WE RAN AN AD IN THE NEWSPAPER SAYING,
THIS MONEY IS AVAILABLE. 
          WE THINK THIS IS WAS WHAT WE'RE GOING TO GET. 
          SO WE JUST GO WITH THE HISTORICAL NUMBER OF WHAT WE RECEIVED LAST YEAR AND WE TAKE IT
THROUGH THAT PROCESS. 
          WITH THAT WE RECEIVED AND ON THIS PAGE, THE OTHER PAGE,
I PUT THAT IN THE PACKET AS WELL. 
          THESE WERE THE AGENCIES THAT WERE RECOMMENDED FOR FUNDING,
AND THEY WILL BE GOING TO CITY COUNCIL TOMORROW FOR THE FIRST HEARING. 
          AND THEN THE LAST HEARING WILL WAIT UNTIL WE HEAR FROM HUD,
AND WE KNOW WHAT THE FINAL NUMBERS ARE THEN. 
          BUT THAT'S HOW IT'S A IT'S A LONG PROCESS WHERE WE DO AN RFP. 
          WE GET PROPOSALS BACK IN FROM NON-PROFITS. WE ALSO GET WE GET PROPOSALS FROM THE CITY. 
          WE RECEIVE PROPOSALS FROM PUBLIC WORKS, FROM PARKS AND RECREATION,
FROM PARKS AND FACILITIES. 
          AND AND SO CITY THE CITY GETS TO, TO ALSO PARTICIPATE. 
          AND THEN WE ALL, MOST OF THEM COME FROM NONPROFITS ON THE OUTSIDE. 
          AND WITH THAT WE GAVE THEM A MONTH. THEY TURNED IN THEIR PROPOSALS,
WE MADE FUNDING RECOMMENDATIONS THE STAFF DID TO THE CITIZEN'S ADVISORY BOARD, AND THEN THE CITIZENS ADVISORY BOARD MAKES RECOMMENDATIONS TO CITY COUNCIL. 
          SO OUR FIRST HEARING WILL BE TOMORROW NIGHT. AND OUR MY ASSISTANT DEPARTMENT DIRECTOR,
THE ASSISTANT DIRECTOR OF OUR DEPARTMENT WILL BE TAKING THAT TO CITY COUNCIL. AND THEN WE'LL COME BACK,
PERHAPS. 
          AND I THINK IT'S JULY BECAUSE COUNCIL DOESN'T MEET IN JUNE. 
          AND WE'LL HAVE THE FINAL NUMBERS FROM HUD. IF IT'S ZERO,
WE WON'T BE GOING BACK. 
          BUT IF WE HAVE SOMETHING, WE'LL WE'LL HAVE TO MAKE SOME CUTS AND WE'LL TAKE THAT
INFORMATION BACK. 
          THANK YOU, MISS CARTER, I APPRECIATE THAT. EXPLAIN. 
          YES IT DOES. BUT IT'S ALL HERE. I PUT THE PROCESS HERE,
AND THEN WHAT WE'RE RECOMMENDING. 
          I'M SORRY WITH THAT. ANY OTHER QUESTIONS? WELL,
I WAS JUST GOING TO MAKE A COMMENT. 
          GO AHEAD. I SERVED ON THAT BOARD FOR A NUMBER OF YEARS. 
          I DON'T WANT TO SAY EXACTLY HOW MANY, BUT, I MEAN,
BUT I DID. 
          I SERVED ON THERE FOR PROBABLY ALMOST 2 TO 3 TERMS. AND I CAN HONESTLY SAY THAT THE PROCESS THAT YOU WERE,
THAT YOU WERE EXPLAINING THAT WAS PROBABLY THE THE MOST ENLIGHTENING AND THE FUNNEST PART OF SERVING ON THE BOARD WAS GOING THROUGH THAT PROCESS TO AWARD THE MONIES TO ALL OF THE
DIFFERENT NONPROFIT AGENCIES. 
          SO SO, YEAH, I'M GLAD THAT THAT'S STILL A PART OF IT. 
          [00:25:02]
SO WITH THAT BEING SAID, I'M GOING TO ASK IF WE HAVE A VOLUNTEER,
ANYBODY WHO WOULD LIKE TO SERVE IN THIS CAPACITY. 
          I'D BE INTERESTED IN ME. THE VOLUNTEER. I JUST WANT TO ASK ONE CLARIFYING QUESTION. 
          SURE. OKAY. BECAUSE I DON'T WANT TO COMMIT TO SOMETHING I CAN'T DO. 
          SO THIS IS JUST A CLARIFYING QUESTION, I GUESS. 
          AND MUCH LIKE THIS BOARD, WE ARE JUST AN ADVISORY FOR THE COUNCIL. 
          SO WHEN THAT ROLE IS THE MEMBERS OF THE BOARD ESSENTIALLY JUST TAKING THE INFORMATION
THAT'S PROVIDED BY STAFF TO THEN MAKE AN ADVISORY DECISION OFF OF THAT, OR ARE WE ACTIVELY PARTICIPATING IN SOME WAY TO BE ABLE TO FIND PROGRAMS OR FIND
AREAS THAT COULD ESSENTIALLY APPLY TO ONE OF THESE SUBSECTIONS? WELL, I GUESS THAT'S A MIXED QUESTION. 
          IN THAT I, WE ACTUALLY WE CHANGED THE PROCESS. 
          WE CHANGED THE PROCESS THIS YEAR. IN THAT THE STAFF MAKES RECOMMENDATIONS. 
          AND ONE OF THE REASONS THE BOARD ACTUALLY WANTED TO GO WITH THAT,
WITH STAFF MAKING THE RECOMMENDATIONS, AND THEN THE BOARD MAKING RECOMMENDATIONS TO CITY COUNCIL WAS BECAUSE OF THE BACKGROUND
INFORMATION THAT WE HAD ON SOME OF THE NONPROFITS. AND WHETHER THEY WERE WORKING LIKE WE'RE FUNDING THEM THIS YEAR. 
          AND WE HAD SOME THAT WERE NOT FUNCTIONING WELL. 
          SO WE KNEW NOT TO RECOMMEND THEM. I HAD THE ADVISORY BOARD,
YOU KNOW, JUST WENT IN AND LOOKED AT PROPOSALS AND DID NOT HAVE ALL THAT BACKGROUND INFORMATION. THEY MAY HAVE BEEN MAKING A DECISION THAT COULD HAVE HURT US THE NEXT YEAR. 
          SO HOPEFULLY THAT ANSWERS YOUR QUESTION. IT IT REALLY HAS BEEN HELPFUL. 
          BECAUSE WE DO GET SOME REALLY GOOD SUGGESTIONS. 
          I TOOK IN WE HAVE OVER 226 PEOPLE ON OUR WAITING LIST FOR SHIP,
AND EVERY MONTH I WAS TAKING THAT IN. 
          AND FINALLY THE BOARD, THEY LET ME KNOW WE NEED TO DO SOMETHING. 
          SO WE DID CLOSE IT. WE CLOSED OUR OUR SHIP WAITING LIST AND WE'RE JUST WORKING TO GET IT
DOWN. 
          YEAH. SO THERE'S SOME GOOD, GOOD COMMENTS THAT COME FROM THE BOARD. 
          WELL, I'M ALWAYS CERTAINLY UP FOR LEARNING MORE AND TRYING TO BE INVOLVED. 
          SO I'D LIKE TO VOLUNTEER IF, IF ANYBODY HAS ANY OTHER FEELINGS THAN THAT I GUESS LET ME
KNOW. 
          OKAY. THANK YOU. SIR. ANYBODY ELSE INTERESTED IN VOLUNTEERING? HEARING NONE. ALL OF THOSE IN FAVOR OF MR. MCNALLY BEING THE REPRESENTATIVE FOR THE. 
          I'M GOING TO GET THE ACRONYM WRONG. KDAB. BOARD INDICATE BY SAYING I,
I, I. 
          ALL OPPOSED. NONE. AND I THINK MR. NORRIS STEPPED AWAY. 
          THANK YOU. THANK YOU VERY MUCH. GOOD LUCK IN YOUR WORK THIS YEAR. 
          WELL, I GUESS WHILE WE'RE WAITING, IF I, IF I,
IF I MAY JUST TAKE THIS TIME THEN JUST TO FIRST. 
          WELCOME BACK, MR. LEADER. BACK TO THE BOARD AND THEN WELCOMING,
WELCOMING THE NEW BOARD MEMBERS AND, AND THE BOARD MEMBERS THAT WE HAVE FROM LAST LAST MEETING,
JUST WELCOMING EVERYBODY BACK AGAIN TO TO THE BOARD. 
          IT'S GOOD TO SEE THAT WE HAVE A FULL BOARD. SO HOPEFULLY WE CAN MOVE FORWARD WITH ALL THE
DIFFERENT PROJECTS. IT IS VERY GOOD. 
          AND IT'S ALSO NICE THAT WE HAVE SOME EXPERIENCED MEMBERS AND WE HAVE SOME BRAND NEW
MEMBERS AS WELL. 
          AND BEAR WITH US ESPECIALLY BILL. BILL'S BEEN HERE FOR FOR YEARS. 
          I FEEL BEAR WITH US AS YOU KNOW, SOME OF US WHO ARE NEW FIGURE OUT OUR WAY THROUGH THIS. 
          OKAY. WITH THAT, WE'VE ALREADY ADOPTED OUR MINUTES. 
          WE'RE GOING TO MOVE ON TO NEW BUSINESS. OUR FIRST CASE IS Q250001. 
          [NEW BUSINESS:]
AND WE'LL HEAR THE STAFF REPORT FIRST. MR. CHAIR,
BEFORE WE BEGIN, THIS MATTER IS THE ONLY MATTER TONIGHT BEFORE YOU. 
          THAT IS A QUASI JUDICIAL MATTER IN NATURE. THEREFORE,
I ASK BECAUSE THIS QUASI JUDICIAL, IF ANY MEMBERS OF THIS BOARD HAVE HAD ANY EX PARTE COMMUNICATIONS WITH THE APPLICANT OR ANY PARTIES INVOLVED IN THIS CASE,
IF YOU MAY, IF YOU HAVE, PLEASE DISCLOSE WHETHER YOU'VE HAD SUCH A CONVERSATION,
THE NATURE OF THE CONVERSATION AND WHO YOU'VE HAD SUCH A CONVERSATION WITH. 
          IF YOU HAVE NOT, I WILL DEEM BY YOUR SILENCE THAT YOU HAVE NOT,
WE MAY PROCEED FORWARD. 
          OKAY. THANK YOU. HEARING NONE. STAFF. GOOD EVENING,
CHAIR AND MEMBERS OF THE BOARD. 
          [00:30:07]
I'M HERE TO PRESENT THIS CASE FOR MARTINEZ. JIM,
THE APPLICANT, M AND R UNITED INCORPORATED, WHO IS REPRESENTED TONIGHT BY MARINA MARTINEZ,
IS REQUESTING A CONDITIONAL USE TO ALLOW INDOOR RECREATION WITHIN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT AT 3565 JUPITER BOULEVARD SOUTHEAST IN UNITS TWO AND THREE,
WHICH HAS BEEN MADE ONE UNIT SPECIFICALLY, THIS WOULD INCLUDE A BOXING AND FITNESS GYM THAT'S GEARED TOWARDS BOTH
CHILDREN AND ADULTS. 
          SO THE OVERALL SITE, IT'S A PREEXISTING COMMERCIAL BUILDING. 
          IT'S ABOUT TWO JUST OVER TWO ACRES. AND THEN THE UNITS TWO AND THREE ARE ABOUT 2000FT²
TOTAL. 
          THE CURRENT FUTURE LAND USE IS COMMERCIAL, AND THE CURRENT ZONING DESIGNATION IS
NEIGHBORHOOD COMMERCIAL. 
          TO THE NORTH OF THIS PARCEL ARE SINGLE FAMILY RESIDENCES. 
          TO THE EAST IS PALM BAY DAYCARE. TO THE SOUTH,
ACROSS JUPITER BOULEVARD IS COMMUNITY CHURCH OF CHRIST, AND THEN TO THE WEST ACROSS EMERSON IS SIMILAR MULTI-TENANT COMMERCIAL PLAZA. 
          THE APPLICANT HELD A CP MEETING ON DECEMBER 27TH,
2024 AT THE PALM BAY PUBLIC LIBRARY. 
          INVITES WERE SENT TO PROPERTY OWNERS WITHIN A 500 FOOT RADIUS,
THOUGH NONE ATTENDED. 
          ALL OTHER ADVERTISEMENTS, MAILINGS, AND NOTICES WERE COMPLETED PER CODE REQUIREMENTS. 
          THE APPLICANT PROVIDED ALL THE REQUIRED DOCUMENTATION FOR STAFF REVIEW. 
          THIS REQUEST WAS CONSIDERED USING ZONING REGULATIONS AND REVIEW CRITERIA FOUND IN SECTION
173 .21. 
          TABLE 1732 OF THE SCHEDULE OF PERMITTED USES AND SECTION 172 .02 FOR CONDITIONAL USE. 
          SO WE HAVE THE OVERVIEW OF THE SITE RIGHT HERE. 
          I INDICATED IT WITH THE RED BOX. A LITTLE BACKGROUND. 
          IN NOVEMBER 2024 THE OWNER OF THE FIGHT CLEANER LLC APPLIED FOR BUSINESS TAX RECEIPT TO
OPERATE A BOXING GYM AT THIS LOCATION. 
          IT WAS PREVIOUSLY OPERATED AS A LAW OFFICE, AND DURING THAT TIME,
INTERIOR RENOVATIONS WERE PERMITTED AND COMPLETED IN 2022 FOR PRIVATE GYM AREA TO THE REAR OF THE OFFICE. THE LAW OFFICE IS NO LONGER IN OPERATION,
AND SO THE APPLICANT INTENDS TO USE THE SPACE AS A BOXING AND FITNESS GYM, WHICH WOULD BE OPEN TO THE PUBLIC. THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT PERMITS
INDOOR RECREATION AS A CONDITIONAL USE IF UNDER 5000FT², WHICH THIS LOCATION IS. AND SO, AFTER CONSIDERING THE REQUEST FOR CONDITIONAL USE STAFF
DETERMINED THAT THE SITE DID MEET THE REVIEW CRITERIA OUTLINED IN OUR LAND DEVELOPMENT CODE. 
          AND WE DO FIND THIS USE COMPATIBLE WITH THE SURROUNDING AREA ESPECIALLY THAT IT OFFERS A
NEIGHBORHOOD SCALE USE NEARBY TO RESIDENTIAL AREAS, WHICH IS SUPPORTED BY OUR COMPREHENSIVE PLAN. 
          AND SO, BASED ON THE FACTS PRESENTED, STAFF RECOMMENDS APPROVAL OF THIS CONDITIONAL USE
REQUEST BY THE PLANNING AND ZONING BOARD MUST DETERMINE, BASED ON THE FACTS PRESENTED, IF THE REQUEST FOR CONDITIONAL USE MEETS THE REVIEW
CRITERIA. 
          THANK YOU VERY MUCH. SURE. WITH THAT ARE THERE ANY QUESTIONS OF THE BOARD? SORRY ABOUT THAT. WITH THAT, IS THERE ANY QUESTIONS OF THE BOARD FOR STAFF REGARDING THIS
ITEM? OKAY. HEARING NONE, MR. CHAIRMAN, I DON'T KNOW IF I WANTED TO WAIT FOR THE APPLICANT TO
MAYBE ANSWER THE QUESTION. 
          JUST GO AHEAD AND ASK STAFF. AS FAR AS MAXIMUM OCCUPANCY IS THERE ANY MAXIMUM OCCUPANCY? THAT'S FOR THE GYM ITSELF OR FOR THAT OR FOR THAT AREA? FOR THAT BUILDING FOR THAT. SO FOR THE USE ITSELF,
BECAUSE IT'S CHANGING FROM A LAW OFFICE TO A GYM. 
          THE BUILDING DEPARTMENT WOULD DETERMINE THE NEW OCCUPANCY. BECAUSE IT'S A NEW USE. 
          SO I DON'T KNOW THAT INFORMATION YET BECAUSE WE CAN'T APPROVE THE USE UNTIL UNTIL UNLESS
YOU GUYS DECIDE TO. 
          OKAY. THANK YOU. SURE. ANY OTHER QUESTIONS? OKAY. 
          WE'LL ASK THE APPLICANT OR THE APPLICANT'S REPRESENTATIVE TO PLEASE COME FORWARD. HELLO? HI THERE. HI. I GET NERVOUS. STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD. 
          MARINA MARTINEZ AT 975 SONESTA AVE, PALM BAY,
FLORIDA. 
          EXCELLENT. OKAY, GREAT. OKAY. AM I SUPPOSED TO TALK? OKAY. WELL, AND YOU TELL US ABOUT YOUR PROJECT AND WHY YOU WANT TO DO IT. 
          OKAY, SO MY HUSBAND, DANIEL MARTINEZ, WAS THE ATTORNEY AT MARTINEZ LAW,
AND HE LOVED BOXING. 
          HE HAD A PRIVATE BOXING GYM IN THE BACK, AND THE GOAL WAS TO ALWAYS HAVE IT BE OPEN FOR
THE COMMUNITY, 
          [00:35:02]
YOUTH, GET THE YOUTH OFF THE STREET. YOU KNOW,
A LOT OF OUR CLIENTS WERE JUVENILE CLIENTS FROM THE PALM BAY AREA. 
          WE DID A LOT OF COMMUNITY WORK. WE DID MARTINEZ FALL FESTIVAL FOR OCTOBER. 
          IT WAS A COMPLETELY FREE TRUNK OR TREAT EVENT WITH FOOD PROVIDED. 
          WE JUST DID ONE THIS YEAR. I DID ONE IN HIS HONOR BECAUSE HE DID PASS AWAY LAST MAY,
SO I'M JUST TRYING TO KEEP THOSE TRADITIONS GOING. 
          SENTIMENTAL VALUE. AND I JUST LIKE TO HAVE A NICE COMMUNITY PLACE. 
          KEEP OUR TURKEY GIVEAWAY GOING AND MUCH MORE COMMUNITY INVOLVEMENT. 
          WE DID START A NONPROFIT CALLED STANDING IN YOUR CORNER. 
          SO THE ULTIMATE GOAL FOR THIS GYM IS TO PROVIDE FREE OR REDUCED CLASSES FOR JUVENILES TO
COME IN THERE AND COME AFTER SCHOOL, GET THEM OFF THE STREETS, AND JUST PARTICIPATE IN SOME BOXING CLASSES. 
          OKAY. WELL, FIRST OF ALL, MY CONDOLENCES FOR YOUR FOR YOUR LOSS. 
          THANK YOU. DOES ANY MEMBER OF THE BOARD HAVE A QUESTION FOR THE APPLICANT? NOW'S THE TIME. ALRIGHT, LET'S DO THIS. SO I GUESS THE ONE QUESTION I DO HAVE IN THE IN
THE PACKET, IT DID MENTION SPECIAL NEEDS. SO HOW WOULD THAT PROGRAM WORK OR HOW ARE YOU ALL ADDRESSING
THE SPECIAL NEEDS FOR THAT? GOTCHA. SO IN THE PAST WE WERE ASSOCIATED WITH JUST RIGHT LIVING. 
          THEY HAD SPECIAL OLYMPICS ATHLETES. SO THEY WOULD COME IN AND THEY WOULD USE THE IN A
SMALL GROUP GET TOGETHER AND TRAIN ONCE A WEEK IN THE FACILITY TO TRAIN FOR THEY DID BOCCE AND THEY WERE GOING TO DO BOXING IN THE SPECIAL OLYMPICS. 
          SO I'D LIKE TO BRING THOSE PROGRAMS BACK. THEY WERE THERE'S A LOT OF PEOPLE THAT WERE
INTERESTED IN COMING, BUT SINCE IT WAS A PRIVATE GYM, WE COULDN'T ACCOMMODATE ANY OF THAT. 
          OKAY. ANY OTHER QUESTIONS? NO, THANK YOU VERY MUCH. 
          YOU CAN SIT DOWN. WITH THAT, WE'LL OPEN THIS UP FOR A PUBLIC COMMENT. 
          FIRST OF ALL, FOR PUBLIC COMMENT, IF YOU ARE SPEAKING IN FAVOR OF THIS PROJECT,
PLEASE COME FORWARD TO THE STAND. 
          PUT YOUR OKAY. IF YOU'RE IN FAVOR, PLEASE COME FORWARD. 
          BILL. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST. 
          I'M SPEAKING IN FAVOR OF IT. JUST BECAUSE IT'S GOING TO BE BENEFICIAL FOR THE YOUTH IS
WHAT I'M HOPING. 
          BUT I ALSO, WITH THAT, HAVE A FEAR THAT WE'RE GOING TO TAKE THIS COMMERCIAL PROPERTY IF
THEY START APPLY FOR A NONPROFIT ORGANIZATION CHANGE. 
          SO THAT WILL CUT INTO OUR ABILITY TO HAVE TAX REVENUE COMING INTO THE CITY. 
          SO THAT'S WHERE I HAVE A FEAR WITH THIS. MAYBE WE CAN TALK THE APPLICANT AND SAY,
IS IT GOING TO STAY WHERE WE'RE BRINGING IN TAX REVENUE? BECAUSE IF THEY APPLY FOR THE TAX EXEMPTION,
THEN WE'D LOSE THAT TAX CREDIT. 
          OTHER THAN THAT, BECAUSE IT'S GOING TO BE INVOLVING YOUTH. LET'S GO AHEAD AND KEEP IT
ACTIVE. 
          BUT IF I'M GOING TO LOSE MY TAX REVENUE, I'M NOT IN FAVOR OF IT. 
          THANK YOU. THANK YOU. BILL. ANY OTHER MEMBER OF THE PUBLIC THAT IS IN FAVOR THAT WOULD
LIKE TO COME FORWARD? OKAY. HEARING NONE. ANYBODY THAT WOULD LIKE TO SPEAK OPPOSED TO THIS,
PLEASE COME FORWARD. 
          HEY. HOW YOU GUYS DOING? I'M BASICALLY APPALLED AT THE BOLD FACED LIES THAT I'M HEARING
RIGHT HERE, RIGHT NOW. MY NAME IS EDDIE MAKAYA. MY ADDRESS IS 1384 SOUTHEAST VANDALIA,
PALM BAY, FLORIDA. 
          32909. I MEAN, I GOT TO TAKE A MOMENT TO GATHER MYSELF. 
          I JUST IT'S RIDICULOUS. BUT IT WAS NEVER A LAWYER'S OFFICE TO BEGIN WITH. 
          THE LEASE WAS UNDER FIGHT TECH SPORTS. DANIEL MARTINEZ DEBATED UNDER HIS NAME BECAUSE HE
WAS GOING TO BE A SPONSOR FOR MY BOXING GYM, AND SHORTLY AFTER, HE DECIDED TO TAKE WHATEVER COURSES HE FELT NECESSARY TO REDO THE
OFFICE AND MOVE IN THERE AND HAVE HIS LAWYER'S OFFICE IN THERE ALSO, ALONG WITH THE GYM THAT HE WAS SUPPOSED TO BE A SPONSOR FOR. 
          HE DID BUILDING PULLED NO PERMITS. WE HAD FORMER CITY MANAGER IN THERE FIRE DEPARTMENT. 
          EVERYBODY CAME IN TO KIND OF TRY AND MEDIATE THE SITUATION BECAUSE SHORTLY AFTER BEING
THERE, WE GOT SHUT DOWN. WE COULDN'T OPEN TO THE PUBLIC. 
          SO OBVIOUSLY THE WHOLE SPONSORSHIP STARTED TO GO DOWN THE DRAIN. 
          I OBVIOUSLY CAN PROVE I HAVE A COPY OF THE LEASE. 
          IT'S UNDER TECH SPORTS DBA DANIEL MARTINEZ. THE ADDRESS ON THE LEASE IS UNDER MY NAME. 
          I HAVEN'T BEEN ABLE TO GET IN THERE IS BECAUSE THE FICTITIOUS NAME,
WHICH IS OBVIOUSLY ME, IS NOT ACTIVE. OBVIOUSLY I NEVER GOT A CHANCE TO OPEN,
SO I NEVER ACTIVATED IT. 
          [00:40:05]
SHORTLY AFTER THIS, WE HAD IT OUT, YOU KNOW. HE TRIED TO SUE ME. 
          IT'S AN ONGOING CASE. DO YOU GUYS NEED A CASE NUMBER? WELL, HANG ON A SECOND BEFORE WE GO FORWARD. CORRECT. 
          SO YOU'RE SAYING THERE'S AN ACTIVE LITIGATION BETWEEN YOU AND THE 100% AND AN INJUNCTION
AND A REPLEVIN ALL KINDS OF STUFF. 
          BECAUSE WHAT'S BEFORE THE BOARD IS WHETHER OR NOT TO GRANT A SPECIAL USE PERMIT FOR THIS
PROPERTY TO BE USED AS A BOXING GYM. 
          CORRECT. WE AS A BOARD ARE NOT GOING TO GET INVOLVED OR INSERT OURSELVES INTO A LAWSUIT
THAT'S GOING ON BETWEEN THE TWO PARTIES. 
          SO WHAT WE'RE HERE TALKING ABOUT THIS EVENING IS DO YOU HAVE AN OBJECTION FOR THIS
PROPERTY TO BE USED AS A BOXING GYM? 100 BECAUSE ALL THE PROPERTY THAT'S IN THERE BELONGS TO ME AND IT'S UNDER LITIGATION. 
          IT'S NOT SUPPOSED TO BE USED. OKAY. WELL, THAT'S A SEPARATE ISSUE. 
          CORRECT. THAT THE PROPERTY IS IN THERE. BUT THE QUESTION BEFORE YOU,
WE'RE NOT GOING TO. 
          WELL, THE THE REASON WHY WE'RE HERE, THE REASON WE'RE HERE IS TO LOOK AT THE PROPERTY AND
SAY, ARE WE GOING TO BE REZONING, RECOMMENDING, RECOMMENDING THIS FOR A SPECIAL USE PERMIT TO
BE USED AS A BOXING GYM? WE'RE NOT GOING TO MAKE ANY KIND OF DECISION BASED ON ANYTHING THAT'S INSIDE OF IT. 
          THAT IS A CURRENT CASE ADVERSELY AFFECTS ME BECAUSE IF THEY OPEN TO THE PUBLIC,
I HAVE NO CONTROL OVER THE SECURITY OF MY EQUIPMENT. OKAY. SO THE REASON WHY WE'RE HERE IS BECAUSE I'VE CALLED CODE ENFORCEMENT
AND EVERYBODY THEY WERE OPERATING ILLEGALLY. 
          THEY HAVE NO RESPECT FOR ANYONE OR THE JUDICIAL PROCESS WHATSOEVER. 
          THAT'S WHY WE'RE HERE, BECAUSE ALL THEIR DOORS HAVE BEEN CLOSED,
AND NOW THEY'RE TRYING TO REZONE IT SO THEY CAN GET A BTR. 
          OKAY, SO I COMPLETELY UNDERSTAND THAT. AND I UNDERSTAND WHERE YOUR OPPOSITION IS. 
          DO YOU HAVE ANYTHING ELSE OUTSIDE OF YOUR LITIGATION AS A REASON THAT YOU WOULD BE AGAINST
THIS PROPERTY BEING USED AS A BOXING GYM? BOXING GYM. RIGHT. ISN'T THAT WHAT WE'RE TALKING ABOUT? OKAY. CORRECT. YEAH. THEY'RE
TRYING TO OPEN A BOXING GYM. 
          DO I HAVE ANYTHING OUTSIDE THE LITIGATION? YES,
SIR. 
          YEAH. YEAH. MY PROPERTY. MY PROPERTY IS IN THAT BUILDING. 
          OKAY. ALL RIGHT. THANK YOU VERY MUCH. IS THERE ANYBODY ELSE THAT WOULD LIKE TO COME
FORWARD IN OPPOSITION? OKAY. HEARING NONE WITH THE APPLICANT LIKE TO RESPOND TO ANYTHING THAT HAS
BEEN SAID. 
          YOU ARE NOT REQUIRED TO RESPOND TO ANYTHING THAT'S BEEN SAID,
BUT IF YOU WOULD LIKE AN OPPORTUNITY, YOU CAN. IT DOESN'T PERTAIN TO THE CONDITIONAL USE PERMIT. 
          I THINK THAT'S FINE. OKAY. WITH THAT, I'M GOING TO CLOSE THE PUBLIC HEARING AND BRING IT
BACK TO THE BOARD AND ASK THE BOARD, EITHER FOR A MOTION OR SOME DISCUSSION ON THE TOPIC. 
          AGAIN, I JUST WANT TO SAY THAT THE SCOPE OF WHAT'S BEFORE US IS THIS IS THIS IS UNUSUAL. 
          THE SCOPE OF WHAT IS BEFORE US IS NOT ANY LITIGATION THAT IS HAPPENING BETWEEN THE TWO
PARTIES. 
          WHAT IS BEFORE US IS, IS THIS PROPERTY GOING TO BE GRANTED A SPECIAL USE PERMIT TO OPERATE
AS A BOXING GYM? MOTION TO APPROVE. SEE YOU. 25 00001. I HAVE A MOTION TO APPROVE FROM MISS JORDAN. 
          DO I HAVE A SECOND? SECOND. WITH A MOTION AND A SECOND FROM MR. MCNALLY. I WILL CALL FOR A VOTE. ALL THOSE IN FAVOR INDICATE BY SAYING I. 
          I. I. ALL OPPOSED? MOTION PASSES SEVEN ZERO. THANK YOU VERY MUCH. 
          OUR NEXT ITEM ON THE AGENDA IS ITEM NUMBER T250001. 
          AND WE'LL HEAR FROM STAFF. SORRY, I'M NOT THERE. 
          HOLD ON. GOOD EVENING. BOARD. MY NAME IS LISA FRAZIER. 
          I'M THE DIRECTOR FOR GROWTH MANAGEMENT. AS YOU MAY OR MAY NOT BE AWARE OF. 
          WE APPROVED OR UPDATED OUR ENTIRE LAND DEVELOPMENT CODE AND APPROVED THE FINAL VERSION OF
THAT LAST SEPTEMBER 2024. AND WE DID THAT IN COMPLIANCE WITH OUR UPDATED COMPREHENSIVE PLAN,
BECAUSE FLORIDA STATUTE STATES THAT YOU HAVE 
          [00:45:04]
APPROXIMATELY ONE YEAR TO BRING YOUR LAND DEVELOPMENT CODE INTO COMPLIANCE WITH YOUR
COMPREHENSIVE, UPDATED, COMPREHENSIVE PLAN. BACK IN SEPTEMBER,
IT WAS NOTED, I MEAN, WE HAD SO MANY WORKSHOPS AND BROUGHT IN A LOT OF STAKEHOLDERS SO THAT THEY COULD HELP US REALLY FIND OUT WHAT WE NEEDED TO DO TO OUR LAND
DEVELOPMENT CODE IN ORDER TO MAKE IT WORKABLE FOR OUR APPLICANTS THAT WHAT THE COMMUNITY'S DESIRES WERE. AND STAFF AT THAT TIME,
WE RECOGNIZED THAT THERE MAY BE SOME MISSING PARTS OR AS WE APPLIED THE LAND DEVELOPMENT CODE AND THE STAKEHOLDERS APPLIED AND
WORKED WITH THE LAND DEVELOPMENT CODE, THAT WE MAY HAVE TO DO SOME REVISIONS. WE THIS IS AN ONGOING ITERATION FOR ANY TYPE OF
EXERCISE SUCH AS THIS. 
          LAND DEVELOPMENT CODES REALLY ARE LIVING DOCUMENTS BECAUSE MARKETS CHANGE,
DEFINITIONS CHANGE, YOUR COMMUNITY CHANGES, YOUR COMMUNITY DESIRES CHANGE. 
          AND SO A LOT OF TIMES THE LAND DEVELOPMENT CODE CHANGES ALONG WITH THAT. 
          THIS WE'RE CALLING PHASE TWO. WE ALWAYS STATED THAT AFTER SIX MONTHS OF UTILIZING THE NEW
LAND DEVELOPMENT CODE, THAT WE WOULD START REVISITING THE DIFFERENT CHAPTERS. 
          STAFF HAS BEEN TAKING NOTES THE ENTIRE TIME. IN JANUARY OF THIS YEAR. 
          LET ME KEEP CLICKING THROUGH. IN JANUARY OF THIS YEAR,
WE HELD A VIRTUAL AND AN IN-PERSON STAKEHOLDER MEETING WORKSHOP, IF YOU WILL, TO GIVE APPLICANTS THE DEVELOPMENT COMMUNITY THE OPPORTUNITY TO
EXPRESS TO US WHAT'S WORKING, WHAT'S NOT WORKING. RIGHT. AND SO THEN WE WE'VE COME TOGETHER AND WE'RE STARTING TO MAKE
THESE CHANGES THIS EVENING. 
          WE'RE STARTING WITH IT SHOULD HAVE GONE IN THE OTHER ORDER. 
          I APOLOGIZE, BUT RIGHT. RIGHT NOW WE'RE LOOKING AT CHAPTER 172,
WHICH IS OUR DEVELOPMENT REVIEW PROCESS. 
          AND THEN FOLLOWING THIS WILL BE CHAPTER 171,
WHICH IS OUR DEFINITIONS. 
          WOULD YOU LIKE TO CONSIDER THE OTHER ONE FIRST? IT'S OKAY. IT DOESN'T MATTER. OKAY. I STAFF PUT IT IN A LITTLE OPPOSITE,
BUT THAT'S OKAY. 
          WE CAN CHANGE IT UP. IF YOU WANT TO CHANGE THE ORDER WE CHANGE. WE DON'T NECESSARILY HAVE
TO TAKE IT IN ORDER. ALTHEA AND I DID DISCUSS THAT THIS AFTERNOON AND SAID, NO, WE'RE OKAY. WE'RE GOOD. BUT I JUST WANTED TO LET YOU KNOW THAT WE HAVE BEEN WORKING
WITH THE LAND DEVELOPMENT CODE. 
          WE HAVE BEEN IN CORRESPONDENCE WITH OUR DEVELOPMENT COMMUNITY,
THE APPLICANTS, THE STATE STAKEHOLDERS, IF YOU WILL, WHO UTILIZE THE CODE AND APPLY IT TO THEIR PROJECTS. 
          AND WE'VE RECEIVED GOOD INPUT. AND THAT'S WHAT YOU'RE SEEING THIS EVENING. 
          SO STAFF IS, OF COURSE, RECOMMENDING APPROVAL. 
          WE DID THE UPDATE. AND WE'RE LOOKING FOR THE PLANNING AND ZONING BOARD TO PROVIDE THEIR
RECOMMENDATIONS TO EITHER APPROVE, APPROVE WITH CONDITIONS OR DENY TO THE CITY COUNCIL TO BE HEARD AT THE APRIL 17TH CITY
COUNCIL MEETING. 
          SO WITH THAT, I WILL PLEASE RECEIVE ANY QUESTIONS OR COMMENTS YOU HAVE REGARDING CHAPTER 172, WHICH IS THE DEVELOPMENT REVIEW PROCESS AND PROCEDURES. 
          ALL RIGHT. THANK YOU, MISS FRAZIER. DOES ANYBODY HAVE ANY QUESTIONS ABOUT THE DEVELOPMENT
UPDATES THAT WERE IN YOUR PACKET FOR REVIEW? I KNOW WE HAVE SOME NEW MEMBERS OF THE BOARD. 
          WHEN DID OUR NEW MEMBERS GET ADDED? AND I JUST WANTED TO MAKE SURE THAT ALL MEMBERS
UNDERSTAND THAT WHEN YOU YOU IF YOU'VE EVER WORKED WITH A WORD DOCUMENT, I'M SURE THAT YOU KNOW WHAT I'M TALKING ABOUT,
THAT UNDER THE REVIEW. 
          WHEN YOU'RE MAKING CHANGES, IT WILL STRIKE THROUGH THE WORDS OR THE SENTENCES THAT YOU NO
LONGER WANT, AND THEN ADD UNDERLINED IN RED WHAT YOU WANT TO ADD. 
          AND SO THOSE ARE THE THE ITEMS I'D LIKE YOU TO MAKE SURE YOU,
YOU FOCUS ON. 
          IF YOU TOOK THE CHANCE TO READ THE ENTIRE PACKET. 
          LATER ON, WE'LL WE'LL KIND OF WALK THROUGH FOR THE NEW MEMBERS WHAT WE DO AND HOW WE GO
THROUGH THE PROCESS OF APPROVALS AND APPLYING THE LAND DEVELOPMENT CODE. 
          BUT JUST FOR YOUR EDIFICATION RIGHT NOW, THE DEVELOPMENT REVIEW PROCEDURES CHAPTERS IS
RATHER IMPORTANT BECAUSE IT ALLOWS THE APPLICANTS, THE DEVELOPMENT COMMUNITY AND EVEN OUR,
OUR YOU KNOW, JUST RESIDENTIAL COMMUNITY TO BE ABLE TO SAY, 
          [00:50:07]
OH, IF I WANT TO APPLY FOR AN ACCESSORY STRUCTURE,
WHAT WHAT SHOULD I SUBMIT? HOW DO I DO THAT IF I WANT TO YOU KNOW, DO A SIGN FOR MY BUSINESS THAT'S IN THERE? JUST THE PROCEDURES, MIND YOU. RIGHT. AND THESE PROCEDURES SHOULD ALIGN WITH OUR ONLINE
PERMITTING PORTAL APPLICATION PORTAL SO THAT WHAT'S ASKED FOR THOSE APPLICATIONS AND THOSE APPLICATIONS,
THEY CAN ALSO FIND IN HERE SO THAT THEY'RE FOLLOWING ALL THE SAME PROCEDURES. I CAN'T GUARANTEE THAT OUR DEVELOPMENT COMMUNITY READS
THE LAND DEVELOPMENT CODE, BUT WE WE TRY TO HELP THEM WORK THROUGH IT AND POINT THEM IN THE RIGHT DIRECTION. 
          AND WITH THE UPDATE, THE FORMATTING WAS CHANGED SO THAT IN OUR OPINION,
IT'S A LOT MORE USER FRIENDLY. 
          SO WE HOPE THAT YOU FIND IT THAT WAY ALSO. WITH THAT GO. 
          SORRY. GO AHEAD, MR. WARNER. SORRY. SO IT APPEARS THAT WE'RE SIMPLIFYING IT AGAIN. 
          ONCE IT GOES TO CITY COUNCIL AND THE CHANGES ARE MADE,
HOW LONG WILL IT BE BEFORE IT'S ACTIVE ON THE SITE FOR THE. 
          SO IF YOU RECALL, IT TOOK AMERICAN EAGLE A LITTLE AMERICAN EAGLE. 
          I DID IT AGAIN, DIDN'T I? I THINK THOSE ARE GENES. 
          I THINK RIGHT FROM THE 90S. SO APOLOGIZE. AMERICAN LEGAL TOOK THEM MANY MONTHS TO GET IT
CODIFIED. 
          HOWEVER WE WOULD BRING THIS FOR THE FIRST READING TO COUNCIL APRIL 17TH,
SHOULD THEY APPROVE IT, TO MOVE TO SECOND READING. I BELIEVE THAT WOULD BE PROBABLY MAY 1ST,
THAT WE MIGHT BE ABLE TO GO THAT FAST OR MIDDLE OF MAY, AND THEN IT WOULD BE SENT TO AMERICAN LEGAL FOR THEM TO PUT UPDATE THE LAND DEVELOPMENT
CODE ONLINE. 
          ALL RIGHT. BUT ONCE THE CITY COUNCIL GOES THROUGH,
IT'S AN ORDINANCE AND ORDINANCES TAKE TWO READINGS. 
          TWO PUBLIC HEARINGS. SO ONCE THE COUNCIL AGREES TO IT,
THEN IT WOULD BE IN PLACE. 
          AND WHAT WE'VE DONE HERE IS REALLY JUST A LOT OF CLEANUP. 
          OKAY. SO WHEN WE. SO WHEN WE MAKE REFERENCE TO THE NEW CODES AND TO THE TO THE TO WHAT WE ALREADY HAVE EXISTING. WE ARE ANY CASES THAT WILL BE RELATIVE TO THE NEW TO TO
THIS CODE. 
          ARE WE USING THE OLD CODE OR ARE WE GOING TO BE USING THE NEW CODE FOR THE CASES THAT
PLEASE DON'T DON'T THINK OF THIS AS NEW CODE. 
          THIS IS THE NEW CODE. CLEAN IT. IT'S JUST CLEAN UP OKAY? OKAY. IT'S REALLY JUST CLEANUP AND CLARIFICATION AND AND AND THAT IS THAT'S GOING TO BE
THE SAME FOR EVERY SINGLE CHAPTER THAT WE APPROACH THROUGH THE SUMMER. 
          WE'RE TRYING TO GO CHAPTER TO CHAPTER. OPEN UP THE CHAPTER AT ONE TIME. 
          THERE YOU GO. CLOSE IT UP. THIS IS THE NEW CODE. 
          AGAIN, IT'S MORE CLARIFICATION AND CLEAN UP ON LANGUAGE SO THAT IT'S MORE USER FRIENDLY. 
          IT TRULY IS. THE INDIVIDUALS WHO MADE APPLICATION TO THE CITY PRIOR TO OCTOBER 1ST, 2024 WOULD BE UNDER THE OLD CODE PROCESS. CORRECT? AFTER THAT POINT, ONCE ONCE WE ADOPTED THE NEW CODE,
WHICH WAS ACTUALLY SEPTEMBER 19TH, 2024. 
          THEN AFTER THAT DATE, EVERYBODY IS UNDER THE NEW CODE AND THE NEW CODE PROCESS. 
          NOW, THERE ARE THOSE WHO ARE UNDER THE OLD CODE AND THEY'RE LIKE,
YEAH, I WAS CLOSE ENOUGH. 
          CAN WE GO TO THE NEW CODE NOW? AND THAT'S THEIR PREROGATIVE. 
          WE DON'T HAVE A PROBLEM WITH THAT. SO BUT RIGHT NOW EVERYBODY'S ANY NEW APPLICATION IS
UNDER THE NEW CODE. 
          OKAY. DOES THAT HELP YOU, MR. WARNER? ABSOLUTELY. 
          OKAY. THANK YOU, MR. CHAIR. YES. CAN YOU DEFINE OPEN SPACE FOR ME? WELL, I CAN IN THE NEXT CHAPTER, BECAUSE IT'S FINDING THE DEFINITIONS. 
          HERE'S HERE'S KIND OF MY PROBLEM IS THAT YOU'RE SAYING THIS IS A CLEANUP ITEM,
BUT I DON'T SEE IT AS A CLEANUP ITEM. 
          I'M SEEING THAT NATURAL AREAS ARE STROKE THROUGH FOR OPEN SPACE. 
          I SEE A WHOLE ADDITION OF STREET NAMING, WHICH I'M NOT SURE WHY STREET NAMING IS IN THERE. 
          I ALSO SEE THE REMOVAL OF TRAFFIC STUDY, STROKE STRICKEN OUT AND TRAFFIC GENERATION LETTER
ADDED IN. 
          I'M NOT SURE WHAT A TRAFFIC GENERATION LETTER IS EITHER. I ALSO SEE A STRIKEOUT OF A
DEVELOPMENT AGREEMENT, WHICH I FEEL IS PRETTY IMPORTANT FOR THE CITY OF PALM BAY. 
          IT SEEMS TO ME THAT THIS IS THIS REVISION OR CLEANUP ITEM,
IF YOU WILL, WAS LISTED REQUIREMENTS BY THE DEVELOPER, AND NOW WE'RE MAKING ALL THOSE REQUIREMENTS OPTIONAL. JUST TO GO FURTHER INTO IT THE
PRE-APPLICATION MEETING, 
          [00:55:07]
IT WAS EVERY APPLICANT. NOW IT'S AN APPLICANT BASICALLY MAKING IT OPTIONAL. 
          SAME WITH THE CITY PARTICIPATION PLANS. SO OFF THE BAT,
IT RAISES SOME RED FLAGS FOR ME. 
          I'M NOT SURE IF THE REST OF THE PLANNING AND ZONING IS IN AGREEANCE. 
          BUT THOSE ARE MY INITIAL THOUGHTS. IS THAT IN THE FORM OF A QUESTION TO MISS FRASER TO
ANSWER? YEAH, YEAH, YEAH. THE QUESTION IS, IS THERE'S A LOT OF STRIKETHROUGHS WHERE IT SEEMS THAT
WE'RE MAKING REQUIREMENTS OPTIONAL NOW. 
          IF I MAY, YES, IF I MAY, MR. CHAIR, THOSE ARE GREAT QUESTIONS. 
          THANK YOU FOR THANK YOU FOR READING THIS AND LOOKING AT THIS. 
          SO TO BEGIN WITH, THE STREET NAMING WAS ADDED AT THE REQUEST OF YOU KNOW, MANAGEMENT AND THE CLERK'S OFFICE, BECAUSE WE GET A LOT OF THOSE REQUESTS AND THERE'S A
LOT OF CONFUSION AS TO HOW THAT PROCESS SHOULD BE MOVING FORWARD. 
          THIS FOLLOWS THE BREVARD COUNTY 911 PROCESS. AND SO BASICALLY IT'S JUST ADDING THAT IN
THERE. 
          SO EVERYBODY KNOWS HOW HOW TO MOVE FORWARD WITH IT. 
          SURE. FOR THAT. BUT THERE ARE CERTAIN CITIZENS WHO WOULD DISAGREE AND SAY I DON'T WANT A
STREET NAMED AFTER A POLITICIAN, OR I DON'T WANT A BUILDING NAMED AFTER A POLITICIAN OR AN EMPLOYEE. 
          SAME WITH THE STREET. AND I BELIEVE THERE'S EVEN CODE IN THAT FOR THAT. SO IS THIS CODE
GOING TO OVERWRITE THE RENAMING? RENAMING OF A STREET AFTER A POLITICIAN OR AFTER A CITY EMPLOYEE? I DO NOT BELIEVE IT HAS ANYTHING TO DO WITH THIS CODE. 
          THIS CODE IS JUST TELLING YOU THE PROCESS TO GO THROUGH. OKAY,
THE THE THE NAME SELECTION IS COMPLETELY UP TO THE, THE PRIVATE INDIVIDUAL WHO'S NAMING THE STREETS. 
          AND THIS IS FOR LIKE SUBDIVISIONS. THE CITY ITSELF. 
          THEY WOULD HAVE TO GO THROUGH THE PROCESS WITH THE COUNTY ALSO BECAUSE AGAIN,
IT ALL HAS TO BE TIED TO THE 911 SYSTEM. 
          SO WE'RE JUST FOLLOWING THE COUNTY'S PROCESS,
BUT THE INDIVIDUAL NAME ISN'T PART OF. 
          OKAY. AND THE SELECTION ISN'T PART OF THIS PROCESS. 
          OKAY. AND HOW ABOUT THE STRIKEOUT OF THE DEVELOPMENT AGREEMENT? CORRECT. 
          SO WHAT YOU'RE REFERRING TO AND THANK YOU FOR BRINGING THAT UP. 
          THAT'S THAT'S A THAT'S A GREAT ONE. LET ME BRING IT THERE. 
          WHEN YOU'RE WHAT WE'RE TALKING ABOUT FOR THE REST OF THE BOARD IS PART FOR ZONING MAP
AMENDMENT TO PUD. 
          SO IN THE PREVIOUS CODE IT WAS ODDLY ORGANIZED THAT IN A PUD YOU PUT A, YOU SUBMIT A PDP, WHICH IS A PRELIMINARY DEVELOPMENT PLAN,
OKAY, WITH THE REZONING. 
          AND FOR THOSE THAT DON'T KNOW WHAT A PUD IS,
IT'S A PLANNED UNIT DEVELOPMENT. 
          SO WHAT IT IS LARGER PIECES OF PROPERTY TYPICALLY WANT TO PUT THEIR SUBDIVISIONS IN SINGLE
FAMILY HOMES. 
          AND THE CITY HAS ALSO ASKED THAT YOU CONSIDER NON RESIDENTIAL AREA WITH THESE PUDS. 
          SO IN THE PAST WITH THE PUD AMENDMENT WHICH IS A ZONING AMENDMENT,
YOU'RE CHANGING THE ZONING, CORRECT. YOU WOULD DO YOUR PRELIMINARY DEVELOPMENT PLAN,
AND THEN YOU'D GET A TEMPORARY ZONING, WHICH I HAVE NEVER HEARD OF, 35 YEARS OF PLANNING. 
          AND MR. RODRIGUEZ NEVER HEARD OF TEMPORARY ZONING. 
          CORRECT. SO AND THEN IN ONE YEAR, YOU'D HAVE TO HAVE YOUR FINAL DEVELOPMENT PLAN THAT WAS
TIED WITH THE PDP. 
          CORRECT. SO IN THE NEW CODE, WE MADE IT MORE IN SYNC WITH STANDARD PLANNING PUD STATUTES. OKAY. SO WHEN YOU APPLY FOR YOUR PUD AMENDMENT,
YOU STILL HAVE TO PUT A A PRELIMINARY DEVELOPMENT PLAN AND YOU GET YOUR ZONING. YOU THEN HAVE THREE YEARS AFTER THAT TO SUBMIT YOUR FINAL
DEVELOPMENT PLAN. 
          AND THAT AND WITH THAT YOU HAVE YOUR PRELIMINARY PLAT AND YOU'RE REALLY MOVING NOW READY
TO MOVE MORE TOWARDS CONSTRUCTION LEVEL TYPE OF DRAWINGS. IT HAS TO BE SUBSTANTIALLY IN COMPLIANCE WITH THE PRELIMINARY DEVELOPMENT PLAN. 
          BUT YOU HAVE TO THINK THAT THAT THE ZONING IS YOU'RE JUST PRESENTING YOUR CONCEPTUAL,
IF YOU WILL, WITH THE ZONING. I'M GOING TO PUT, YOU KNOW SINGLE FAMILY HERE. 
          THIS IS WHERE MY COMMERCIAL IS GOING TO GO. HERE'S MY ACCESS ROADS,
HERE'S BASICALLY MY STORMWATER, YADA YADA, AMENITY CENTERS. AND THEN WHEN YOU'RE READY TO MOVE TOWARDS YOUR FINAL
DEVELOPMENT PLAN, THAT'S WHEN YOU NEED A DEVELOPMENT AGREEMENT IN ACCORDANCE WITH THE FLORIDA STATUTE. 
          163 SO THAT'S WHY WE WE DID NOT NEED THE DEVELOPMENT AGREEMENT WITH THE ZONING AND THE
CONCEPTUAL PLAN. 
          [01:00:07]
IT IS MORE OF A PUD AGREEMENT, IF YOU WILL, WITH THAT COMES WITH THE ZONING. 
          DO YOU UNDERSTAND WHAT I'M SAYING? UNDERSTAND. SO THAT'S A GREAT QUESTION. 
          WE DIDN'T KNOCK IT OUT. MR.. FILIBERTO. SO WE KNOW THE SIGNIFICANCE OF IT AS A AS A PAZ
MEMBER, IF YOU WILL. WE WOULD ORIGINALLY GET A DEVELOPMENT AGREEMENT PLANNED IN THE EARLY STAGES,
AND NOW WE'RE GOING TO BYPASS THAT. 
          SO WE WOULD HAVE NO DEVELOPMENT AGREEMENT PLANNED EVEN IN THE PRELIMINARY STAGES. 
          AND THEN IN THE FINAL STAGES, ONCE COUNCIL'S ALREADY APPROVED EVERYTHING,
THEN STAFF HAS CONTROL OF THE OF THE OF THE DEVELOPMENT. 
          YOU WOULD STILL BE SEEING THE FINAL DEVELOPMENT PLAN,
SIR, AND YOU WOULD STILL BE SEEING THE PRELIMINARY PLAT. 
          I AM NOT SURE IF THE DEVELOPMENT AGREEMENTS CAME TO CAN HELP. 
          SOMEBODY HELP ME! CHANDRA. DEVELOPMENT AGREEMENTS NEVER CAME TO PLANNING AND ZONING
BECAUSE THEY TYPICALLY WOULDN'T. 
          BUT YOU WOULD ALL STILL HAVE THE OPPORTUNITY TO COMMENT ON AND PROVIDE RECOMMENDATIONS FOR
THE FINAL DEVELOPMENT PLAN AND THE PRELIMINARY PLAT THAT GENERALLY GOES WITH IT. 
          AND WE MADE THIS CHANGE. EXCUSE ME NOT TO JUST BECOME MORE IN COMPLIANCE WITH STANDARD
PLANNING PRACTICES AND THE FLORIDA STATUTE, BUT BECAUSE WHAT'S HAPPENING TODAY IS THAT AT THE SAME TIME AND MR.,
WARNER AND LITA, YOU KNOW WHAT I'M SAYING? THEY AUTOMATICALLY SUBMIT THEIR PDP WITH THEIR FTP AND I GET CARTOON DRAWINGS BASICALLY. 
          AND WE THEY HAVE TO DO THAT. THE DEVELOPMENT COMMUNITY HAS TO DO THAT BECAUSE THEY NEED TO
GET THEIR ZONING, AND WE'RE ONLY GIVING THEM ONE YEAR. AND THEN A LOT OF TIMES THOSE THINGS SIT BECAUSE THE
MARKET MAY CHANGE, THE INVESTORS MAY MAY CHANGE. SO IN THIS WAY THEIR ZONING IS ACHIEVED. 
          CORRECT. AND WE DO HAVE A CONCEPT PLAN. AND WE HAVE A PUD AGREEMENT THAT GOES WITH THE
ZONING. 
          THINK OF IT AS LIKE YOUR CONDITIONS OF APPROVAL THAT IS IN THAT ORDINANCE. 
          AND THEN THEN WITHIN THREE YEARS THEY CAN ACHIEVE THAT FINAL DEVELOPMENT PLAN. 
          THAT GIVES US THE DETAIL WE SHOULD HAVE IN A FINAL DEVELOPMENT PLAN THAT GOES WITH A
PRELIMINARY PLAT AND A DEVELOPMENT AGREEMENT. 
          SO I LOVE YOUR QUESTION AND I THANK YOU FOR LETTING ME EXPLAIN. 
          EXPLAIN HOW HOW WE LOOKED AT THIS AND VIEWED IT AND THAT THAT CHANGE OCCURRED IN
SEPTEMBER. 
          THAT'S ALREADY IN PLACE. EVERYTHING I JUST SAID. 
          THE ONLY CHANGE YOU'RE SEEING IS THAT THE CONSULTANT WAS SUPPOSED TO REMOVE DEVELOPMENT
AGREEMENT FROM THE PDP AND MAKE IT A PUD AGREEMENT, AND THAT DID NOT OCCUR. AND SO WHEN WE CAUGHT THAT,
WE MADE THAT CHANGE A LOT MORE STRIKING OUT THAN JUST PUD. 
          WELL, WELL, NO, AND I UNDERSTAND THAT. BUT THAT'S PART OF THE PROCESS THAT THEY WERE
SUPPOSED TO HAVE IN THERE. 
          AND LET ME JUST VERY QUICKLY THEN ALSO ANSWER YOUR QUESTION REGARDING THE TRAFFIC
ANALYSIS, BECAUSE IN LINE WITH WHAT I SAID, THIS IS A CONCEPT PLAN. 
          SO WE DON'T NEED A FULL BLOWN TRAFFIC ANALYSIS AND STUDY. 
          CORRECT. BASICALLY THEY CAN DO A TIA LETTER,
WHICH JUST GIVES US A SNAPSHOT, IF YOU WILL, OF WHAT THE TRAFFIC NEEDS AND ARE GOING, HOW IT'S GOING TO BE ADDRESSED DURING THE ZONING, BUT IT'S DURING THAT FINAL DEVELOPMENT PLAN AND THAT DA PROCESS THAT WE NEED A COMPLETE
TRAFFIC, FULL BLOWN TRAFFIC STUDY TELLING US WHERE THE IMPACTS WILL BE AND WHAT TYPE OF MITIGATION
THEY'RE GOING TO PROVIDE. 
          AND I AND WE DO THIS ON PURPOSE BECAUSE AGAIN,
THEY COULD SIT ON THAT RIGHT, ON THAT ENTITLEMENT, THAT ZONING ENTITLEMENT FOR SEVERAL YEARS. 
          AND WE NEED TO KNOW THREE YEARS OUT WHAT THAT TRAFFIC IMPACT IS,
RIGHT? ONCE THEY'RE THERE, THEY MAY START THEIR DEVELOPMENT. 
          SO THAT IS WHY WE MADE THOSE CHANGES I HOPE. HOPE THAT SATISFIES SOME OF YOUR CONCERNS. 
          AND AGAIN I APPRECIATE YOU BRINGING IT FORWARD. THAT DOES SATISFY A LOT OF THE CONCERNS
ABOUT THE. 
          SO A TRAFFIC GENERATION WOULD COME FIRST. AND THEN ONCE WE'RE MORE TOWARDS THE FINAL
STAGES THEN THAT'S WHEN THE TRAFFIC STUDY WOULD HAPPEN. KIND OF JUST ME BEING ME THINKING AS A DEVELOPER, WHAT IF I GO THROUGH ALL THESE STEPS? I'M PAYING ALL THIS MONEY FOR A TRAFFIC GENERATION LETTER AND THIS AND THAT,
AND THEN MY TRAFFIC STUDY COMES BACK THREE YEARS FROM NOW. MY TRAFFIC STUDY IS TERRIBLE AND COUNCIL SAYS, HEY, YOU'RE TRAPPED. YOU CAN'T PASS A TRAFFIC STUDY,
SO I'M NOT GOING TO DEVELOP YOUR PROPERTY. WHEREAS I IF MY TRAFFIC STUDY IS HORRIBLE YEAR ONE, THEN I CAN SAY, ALL RIGHT, I ONLY DUMPED 100 GRAND INTO THIS PROPERTY INSTEAD OF
03,000,000IN THIS PROPERTY. 
          SO DO YOU UNDERSTAND WHERE I'M COMING FROM? I DO,
AND RESPECTFULLY, I'VE NEVER SEEN A TRAFFIC STUDY COME BACK SAYING, 
          [01:05:07]
YEAH. YOU EVER SEEN A THE HERITAGE PARKWAY? ONE ON BABCOCK STREET? WELL,
YOU KNOW, THE THING IS, IF IT'S IF IT'S AN IMPACT TODAY IN YEAR ONE OR THE IMPACT IN THREE YEARS. I MEAN, THAT'S THAT'S THAT IT'S STILL THE SAME IMPACT. 
          AND I DON'T KNOW HOW TO ADDRESS THAT. UNDERSTOOD. 
          CITIZEN PARTICIPATION. PARTICIPATION PLANS, IF YOU DON'T MIND. 
          I'M SORRY. THE CITIZEN PARTICIPATION PLAN. WOULD YOU LIKE TO ME TO FLIP TO THAT? YES, SIR. YEAH. WE ARE. FOR EVERYBODY ELSE, WE ARE ON PAGE 170 2-5. YES, SIR. PLEASE. MISTER CHAIR, MAY I CONTINUE THIS DIALOG? YES. OKAY. WONDERFUL. GO AHEAD. OH. ARE YOU. SO THE CITIZEN PARTICIPATION PLAN'S BASICALLY RIGHT NOW,
AS IT STATES, IS EVERY APPLICANT REQUIRES A CITIZEN PARTICIPATION PLAN. 
          AND NOW EVERY IS STRIKED OUT WITH AN APPLICANT. 
          SO WE'RE MAKING WHAT WAS ONCE A REQUIREMENT NOW OPTIONAL. 
          SO YOU'RE ASKING IF THAT'S CHANGING LIKE THE LEGAL DEFINITION OF OF WHO NEEDS TO HAVE A
CITIZEN PARTICIPATION PLAN. 
          WELL THE LEGAL DEFINITION IS IN THERE. HOWEVER NOW IT'S SAYING THAT LEGAL DEFINITION IS
OPTIONAL. 
          SO THE WAY I'M READING IT, WHY WE MADE THIS CHANGE. 
          AND IF YOU DON'T LIKE THIS WORDING, WE CAN ABSOLUTELY RECONSIDER IT. 
          BUT WHY WE MADE THAT CHANGE WAS THE CONFUSION THAT WENT ALONG WITH IT. 
          AN APPLICANT TYPICALLY EXCUSE ME, WILL DO THEIR PRE-APPLICATION MEETING AND TYPICALLY THE
THE REQUEST WILL BE I WANT TO CHANGE THE LAND, USE THE ZONING,
AND I NEED TO SEE YOU. 
          I'M MAKING THAT UP. BUT I MEAN, THAT CAN THAT CAN HAPPEN AND HAS HAPPENED QUITE
FREQUENTLY. 
          THE QUESTION IS, WELL, THEY'RE GOING TO HAVE TO SUBMIT THREE APPLICATIONS WITH THIS
WORDING. 
          THAT MEANS THEY HAVE TO HAVE THREE PARTICIPATION MEETINGS. 
          WELL, THAT'S NOT THE INTENT. THE INTENT IS THAT YOU HAVE A CP IN REGARD TO YOUR PROJECT. 
          CORRECT. AND SO THAT'S WHAT WE WERE TRYING TO CLARIFY. 
          IF YOU FEEL THAT THIS VERBIAGE DOES NOT DO THAT,
WE'LL WE'LL TAKE A RECOMMENDATION FOR A CHANGE. 
          BUT I'M SORRY BUT IT'S ISN'T IT READ IN CONJUNCTION WITH THE TABLE. 
          IT IS IN CONJUNCTION WITH THE TABLE. THAT IS ABSOLUTELY CORRECT IN CONJUNCTION WITH THE
TABLE. SO YOU'RE GOING TO REFER TO AN APPLICANT THAT NEEDS TO DO A CITIZEN PARTICIPATION PLAN. BUT YOU'RE GOING TO DEFER TO THE TABLE WHERE IT'S GOING TO LIST WHAT APPLICANTS
NEED. 
          SO YOU CAN'T IF YOU HAVE EVERY APPLICANT WHO GOES THROUGH A CP,
BUT THEN YOU GO TO THE TABLE AND THERE'S SOME APPLICANTS THAT DON'T REQUIRE CP. 
          THAT'S WHEN YOU THEN HAVE THE CONTRADICTION. SO YOU HAVE TO READ IT IN THE CONTEXT OF THE
ENTIRE CODE. 
          SURE. AND I DON'T EXPECT SOMEONE WANTING TO PUT IN A GARAGE HAVING TO DO A CP. 
          SO I UNDERSTAND WHERE YOU'RE COMING FROM IN THE TABLE. 
          NO FURTHER QUESTIONS. CHAIR. THANK YOU VERY MUCH. OKAY. 
          THANK YOU VERY MUCH. ANY OTHER QUESTIONS ON THE I SEE A FINGER. 
          OH I DON'T HAVE A QUESTION, BUT JUST A CORRECTION ON ONE 7232 IN SECTION I BELIEVE IT'S
FIVE. 
          YOU HAVE STRUCK OUT COMMISSION AND PUT BOARD EXCEPT FOR THE LAST SENTENCE WHERE
COMMISSION'S STILL IN THERE. 
          OH GOOD CATCH. OKAY. THANK YOU. THAT'S IT. 
          ANY OTHER QUESTIONS OR COMMENTS? OKAY. HEARING NONE. 
          WE DON'T HAVE TO HAVE A PUBLIC HEARING ON THIS,
DO WE? WE? YES, SIR. WE DO. OKAY. YES. SO WITH THAT PRESENTATION FROM STAFF,
WE'LL OPEN IT UP TO A PUBLIC HEARING. 
          ANY OF THOSE WHO WOULD LIKE TO SPEAK IN FAVOR OF THIS,
PLEASE APPROACH THE PODIUM. 
          OKAY. ANY THAT WOULD LIKE TO SPEAK. OPPOSED? PLEASE APPROACH THE PODIUM. 
          I'M SUSAN CONNELLY. 3901 DIXIE HIGHWAY. I'M OPPOSED. 
          BECAUSE THE PROCESS. I'VE BEEN INVOLVED WITH THIS PROCESS FROM THE BEGINNING. 
          I DON'T THINK ALL THESE PEOPLE HAVE BEEN IT'S A COMPLEX PROCESS. 
          IT'S TAKES A LOT OF TIME, AND I'VE DEVOTED A LOT OF TIME TO IT. 
          IT SEEMS TO ME WHAT YOU'RE SAYING NOW THAT IT'S BEEN EASED 
          [01:10:02]
TO FACILITATE DEVELOPMENT. BUT MY CONCERN IS, I THINK WHAT I SEE, THE MAIN PROBLEM IS AND AND AFFECTING P AND Z AND THE CITY COUNCIL IS
AT THE VERY BEGINNING OF THE PROCESS WHERE A ZONING AND LAND USE CHANGES ARE CONSIDERED,
BECAUSE IT'S AT THAT POINT WHERE DEVELOPERS COME IN AND HAVE A PLAN. 
          IT'S A CONCEPTUAL OR A VERBAL. THERE'S NOTHING THAT MANDATES THAT THAT PLAN HAPPEN,
BUT THAT IT'S SO CRITICAL WHEN THAT LAND USE AND ZONING CHANGE BECAUSE THAT SETS UP EVERYTHING THAT HAPPENS THEREAFTER. SO WHEN YOU'RE MENTIONING,
YOU KNOW, ABOUT A FINAL PLAN AND THESE PEOPLE WILL HAVE INPUT INTO THAT. TECHNICALLY, NO, BECAUSE ONCE YOU APPROVE A CHANGE IN ZONING AND LAND USE, I'VE SEEN IT HAPPEN. AND THOSE OF YOU WHO HAVE SAT ON THIS BOARD HAVE SEEN IT TOO. 
          YOU APPROVE IT AND THEN THE DEVELOPMENT COMES BACK. 
          AND IT IS. IF YOU DON'T AGREE, THEN WITH THE REAL PLAN OR THE THE PLAN THAT VARIES VERBALLY AT THE POINT THAT YOU BASED YOUR CHANGE OF THE LAND USE AND
ZONING ON. 
          AND THEN THE PLAN COMES BACK. IT CAN COME BACK DIFFERENT. 
          TOTALLY DIFFERENT. BUT YES, YOU CAN HAVE COMMENT,
BUT YOU CAN'T GO AGAINST THE VOTE THAT WAS MADE HERE THAT ACCEPTED ALL TYPES OF THINGS. 
          WHEN YOU CHANGE THAT LAND USE AND COMPREHENSIVE PLAN I'M THINKING MORE ATTENTION NEEDS TO
BE IN THE CODES. THAT MAKES IT MORE DIFFICULT TO CHANGE LAND USE AND ZONING, AND MAKES IT A LONGER PROCESS THAT ALL OF YOU ARE INFORMED WHEN SOMEONE COMES BEFORE YOU
REQUESTING THAT. 
          AND IT IS NOT IN OUR COMPREHENSIVE PLAN THAT YOU FULLY UNDERSTAND AND HAVE IT IN WRITING
WHAT IT MEANS WHEN YOU MAKE THAT DECISION, PARTICULARLY WITH PUDS. 
          PUDS THAT MAY BE PHASED DEVELOPMENTS. SO WHEN YOU APPROVE IT HERE AT THE BEGINNING. AND THEN THEY COME BACK IN PHASE TWO AND YOU DISAGREE. 
          YOU STILL HAVE TO VOTE FOR THAT DEVELOPMENT TO CONTINUE. 
          IT WAS SIMILAR TO WHAT MR. FILIBERTO WAS SAYING. 
          WHEN YOU HAVE THE FINAL PLAN, IT IT DOESN'T LEAVE ROOM ENOUGH ROOM TO TO MAKE CHANGES. YOU'RE YOU'RE LOCKED IN. SO I WOULD LIKE TO SEE MORE ATTENTION BE GIVEN IN THE PROCESS EARLIER ON. 
          AND THIS GOES FOR COUNCIL TOO. WE'VE JUST HAD TWO EXAMPLES IN THE LAST SEVERAL MONTHS
WHERE COUNCIL DID NOT AGREE WITH SOMETHING IN THE DEVELOPMENT, BUT YET THEY COULD NOT NOT VOTE FOR IT. 
          THAT WAS MR. RODRIGUEZ HERE. YOU BY LAW, YOU OPEN YOURSELF UP. 
          ONCE YOU APPROVE THAT CHANGE IN THE BEGINNING. 
          SO I WOULD LIKE TO LET YOU CONSIDER THAT, ESPECIALLY YOU NEW MEMBERS. 
          I'M NOT EVEN SURE YOU CAN VOTE ON SOMETHING LIKE THIS. 
          SO. THANK YOU. THANK YOU, MISS CONLEY. IF ANYBODY ELSE WOULD LIKE TO COME FORWARD TO
SPEAK. 
          OPPOSED? BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST. I'LL MAKE A SCENARIO THAT WE'VE SEEN BEFORE HAPPEN HERE. 
          [01:15:01]
WE HAVE A PIECE OF PROPERTY AND ALL. YOU GO GODADDY GOLF COURSE,
RIGHT? IT WAS ZONED RURAL RESIDENTIAL LAND. THAT'S WHAT IT WAS ZONED RR. 
          A POTENTIAL PLAN CAME IN. THIS IS WHAT THEY WANT TO DO. 
          HERE'S YOUR VERBAL HERE'S WHAT WE WANT TO DO. 
          BUT WE CAN'T DO THAT BECAUSE THEY WANTED TO BUILD APARTMENTS AND SOME BUILDING COMPLEXES
AND EVERYTHING ELSE, WHICH WASN'T REAL RESIDENTIAL. 
          THEY WANTED TO MAKE IT A RESIDENTIAL UNCHANGING. 
          WELL, WHAT HAPPENED WAS IN ORDER FOR THEM TO PROCEED WITH THAT,
BECAUSE IT WAS JUST A VERBAL. 
          YEAH, WELL, OKAY, WELL, WE'LL CHANGE THE ZONING FROM RURAL RURAL RESIDENTIAL RR TO
RESIDENTIAL COMMERCIAL. 
          WELL, THEY CHANGED IT. THERE WAS YOUR LAND MASS CHANGE. 
          AND THEN THEY SAID, OKAY, NOW WE'VE GOT THE LAND MASS CHANGE. 
          SO THEN EVERYTHING THING THEREAFTER, UNLESS THERE WAS A LEGAL VIOLATION,
ALMOST HAD TO BE APPROVED. 
          BECAUSE WE CHANGED THE LAND MASS AT THAT POINT. 
          SO THAT'S WHAT WE CAN SEE. STUFF LIKE THIS HAPPEN SAYING,
WELL, WE CAN'T REALLY DENY IT NOW BECAUSE WE'VE ALREADY CHANGED THE LAND MASS OR THE ZONING FOR THE LAND MASS. THAT'S WHERE THE PROBLEM COMES IN. 
          AND ONCE YOU'VE CHANGED IT, IT'S ALMOST TOO LATE TO PREVENT PEOPLE FROM DOING THE
EXPANSION THAT THEY WANT. 
          THAT'S WHAT SOMEBODY THAT'S WHAT WE'RE TRYING TO ALLEVIATE. 
          OR IF THEY COULD SAY, WELL, IF YOU DON'T DO IT WITHIN ONE YEAR OR YOU DON'T FOLLOW. 
          WELL, THEY DON'T WANT TO SPEND THE MONEY WITH A PLAN BECAUSE IT COSTS A LOT OF MONEY TO
PRESENT THE PLAN, OR THEY DON'T WANT TO DO IT UNLESS THEY'VE GOT THE ZONING TO COINCIDE WITH IT. 
          THAT'S WHERE THE PROBLEM LIES. THANK YOU. THANK YOU. 
          YES, MA'AM. PAT DELPORTE, 14 GEORGE'S AVENUE. I HAVE A QUESTION. THE COMPREHENSIVE PLAN THAT WE HAD,
ALL THOSE WORKSHOPS, I THOUGHT THAT WE HAD SET UP THE ZONING AND THAT THAT ZONING IN THE DIFFERENT AREAS OF THE CITY THAT WE WERE SUPPOSED TO
FOLLOW, THAT. SO WHY ARE WE HAVING THESE PEOPLE COME AND REQUEST ZONING CHANGES OR VARIANCE
CHANGES? AND THEN AND THEN I'M SEEING AND HAVE SEEN THAT THESE DEVELOPERS OR BUSINESS BUILDERS OR
HOME BUILDERS COME AND ASK FOR THAT VARIANCE OR A ZONE CHANGE, AND THEN IT'S NOT FOLLOWED THROUGH. 
          AND THEN WE HAVE EMPTY LOTS, EMPTY SPACES THAT WEREN'T FINISHED,
JUST LIKE THE ONE ON MALABAR ROAD. 
          WHERE ARE THE BUSINESSES THAT THEY WERE PROMISING. 
          SO WE REALLY NEED A PLAN WHERE EVERY STEP IS FOLLOWED THROUGH. 
          AND ARE WE GOING TO HAVE CONSEQUENCES? SO I DON'T KNOW IF THIS IS JUST A PROCEDURAL OR
THIS INCLUDES ALL THE ZONING PROCESSES. IS THAT WHAT THIS CHAPTER IS? THANK YOU MA'AM. 
          WITH THAT, I'M GOING TO BRING IT. I'M GOING TO CLOSE THE PUBLIC HEARING AND I'LL BRING IT
BACK TO THE BOARD. 
          WOULD STAFF LIKE TO ADDRESS ANY OF THE COMMENTS THAT WERE MADE? YES. THANK YOU. AND AND YES. TO ANSWER THE LAST QUESTION,
THIS IS THE PROCEDURE TO CHANGE THE LAND USE AND THE ZONING. 
          PLEASE BE AWARE THAT THE CHANGE OF LAND USE AND ZONING IS ALSO WERE TIED TO THE FLORIDA
STATUTE, THE STATUTORY REQUIREMENTS FOR MAKING THESE ALTERATIONS OR AMENDMENTS TO YOUR USE OF LAND
THROUGH THE LAND USE AND THE ZONING AND LAND USE. AND THERE'S A LOT OF CONFUSION WHEN YOU HAVE A
COMPREHENSIVE PLAN. 
          IT IS THE MASTER PLAN FOR THE CITY. IT GETS UPDATED EVERY 7 TO 10 YEARS,
BUT TYPICALLY THERE'S NOT A BIG OVERHAUL OF HOW CERTAIN PROPERTIES ARE GOING TO BE IDENTIFIED,
BECAUSE YOU WOULD HAVE TO BE VERY CAREFUL IN NOTIFYING THE INDIVIDUALS. THERE'S PERSONAL PROPERTY RIGHTS. 
          SO WHEN IT'S LAID OUT, WHENEVER IT'S LAID OUT THAT'S WHERE THE CHANGING STARTS HAPPENING. 
          AND IT IS FRUSTRATING FOR A COMMUNITY. WHEN YOU KNOW,
THERE'S CONSISTENT INSISTENT CHANGES IN LAND USE HAPPENING, YOU KNOW, QUITE FREQUENTLY HERE IN THIS CITY. 
          HOWEVER, THERE'S LAWS THAT PREVENT US FROM NOT ALLOWING THAT. 
          I DO WANT YOU TO BE AWARE OF THOSE SECTIONS OF THIS CODE,
THE ZONING MAP AND LDC AMENDMENTS. 
          [01:20:06]
EXCUSE ME, IN THE COMPREHENSIVE PLAN AMENDMENTS,
THESE SECTIONS, WHICH IS PART THREE. 
          THEY TALK ABOUT THE REVIEW CRITERIA, AND IT'S IMPORTANT THAT YOU ALL KEEP YOUR EYE ON
THESE REVIEW CRITERIA WHEN THESE AMENDMENTS COME BEFORE YOU. STAFF CANNOT PREVENT A LANDOWNER FROM AND NEITHER I DON'T DO NOT BELIEVE I'LL RELY ON OUR ATTORNEY HERE. 
          NEITHER CAN THE LOCAL GOVERNMENT PREVENT A PROPERTY OWNER FROM WANTING TO CHANGE THEIR
LAND USE AND OR THEIR ZONING. 
          THE WAY THAT WE CAN MAKE SURE THAT IT'S IN LINE WITH THE CITY'S DESIRES,
THE COMMUNITY'S NEEDS, IS BY THESE SPECIFIC FACTORS OF ANALYSIS AND REVIEW CRITERIA. 
          AND MY STAFF, I'VE BEEN I'VE ONLY BEEN HERE A YEAR AND A HALF,
BUT I'VE REALLY BEEN FAVORED BY GREAT PROFESSIONALS WHO TAKE THESE FACTORS OF ANALYSIS AND REVIEW CRITERIA PRETTY
SERIOUSLY IN PRESENTING THEM TO YOU. 
          IF, AS YOU ARE HERE AND YOU'RE YOU'RE NEW, OR EVEN IF YOU'VE BEEN HERE FOR A FEW YEARS,
YOU DO NOT FEEL THAT THERE THAT CRITERIA IS BEING MET. WHEN WE PROVIDE THAT INFORMATION OR THE APPLICANT PROVIDES IT,
THEN PLEASE LET US KNOW, BECAUSE WE WE WILL DEFINITELY PROVIDE YOU WITH WHATEVER INFORMATION YOU NEED TO MAKE A
RECOMMENDATION. 
          BUT THERE'S AGAIN, LEGALLY WE HAVE TO BE ABLE TO OFFER THAT SERVICE AND THAT PROCESS. 
          I THINK IT'S IT'S VERY IMPORTANT THAT THE COMMUNITY BECOMES AWARE OF WHAT THAT CRITERIA IS
AND, AND WHAT WE SHOULD BE LOOKING FOR. DOES THAT HELP ANSWER AND ADDRESS SOME OF THE
QUESTIONS? YES. ANY OTHER QUESTIONS FROM THE BOARD OR ANY DISCUSSION? ACTUALLY, WE'RE AT THE POINT WHERE WE CAN ASK MORE QUESTIONS OF STAFF IF YOU HAVE THOSE OR
WE CAN DISCUSS AMONGST OURSELVES, THOUGH I DO HAVE A COMMENT THAT I'LL MAKE AFTER EVERYBODY ELSE DOES. 
          MR. CHAIR. YES. GO AHEAD. SURE. SO ALTHOUGH LEGALLY,
STAFF HAVE THE CERTAIN OWNER, PROPERTY OWNER HAS PROPERTY RIGHTS, AND LEGALLY STAFF HAS TO DO WHAT THEY HAVE TO DO. 
          HOWEVER, STAFF ALSO RECOMMENDS APPROVAL OR DENIAL. 
          I JUST WANT TO ADD THAT TIDBIT TO TO YOUR END THERE. 
          SO KIND OF MY THING HERE. THIS IS A LOT TO ABSORB,
ESPECIALLY FOR NEW MEMBERS. 
          I BELIEVE THAT WE SHOULD US AS A NEW GROUP HAVE A WORKSHOP ON THIS TEXTUAL AMENDMENT. 
          WITH THE CITIZENS INPUT. AND WITH OTHER INPUTS,
BECAUSE IT SEEMS LIKE SOME ASSISTANTS OUT THERE HAVE WORKED HARD ON THIS. 
          AND THEN SOMEONE ELSE CAME THROUGH AND THEN KIND OF STRUCK THROUGH WHAT WAS WORKED SO HARD
ON. 
          AND I BELIEVE THE FINAL DRAFT CAN COME FROM THIS BOARD,
THIS BRAND NEW BOARD THAT WAS JUST APPOINTED BY NEW COUNCIL MEMBERS. 
          AND THEN WE CAN PUT SOMETHING FORWARD THAT'S A LITTLE BIT MORE SUBSTANTIAL AND A LITTLE
BIT MORE PEOPLE BOARD FRIENDLY AND FROM THE PEOPLE OF PALM BAY, THAT'S MY HONEST OPINION. I WILL NOT BE VOTING IN FAVOR OF THIS ITEM. 
          AND THAT'S MY MY FINAL COMMENT. MR. CHAIR. THANK YOU,
MR. FILIBERTO. YEAH. THE COMMENTS. YES. YES, SIR. 
          YES, MA'AM. JORDAN. SORRY. JUST MR. AN ANSWER TO WHAT YOU SAID. 
          FROM MY UNDERSTANDING, THIS IS JUST CORRECTING SOMETHING THAT WAS ALREADY APPROVED IN
SEPTEMBER. 
          SO WE ARE NOT GOING TO GO BACK AND REDO THE WHOLE CODE. 
          IS THAT CORRECT? THAT'S CORRECT. THAT'S CORRECT,
MISS JORDAN. 
          WE'VE ALREADY WE'VE ALREADY DONE THAT. RIGHT. YOU'RE JUST CORRECTING SOME OF THE ERRORS,
SOME OF THE ERRORS AND SOME OF THE AGAIN WHAT? I SAID IT CLEARLY BEFORE AND I'M SORRY. 
          MY MY WORDS ARE GONE FROM ME NOW. IT'S GETTING LATE IN THE EVENING. 
          SOME OF THE CORRECTIONS AS WE'VE APPLIED THE CODE THAT HAS ALREADY BEEN CHANGED AND WE'RE
USING IT AND WE WE RECEIVE QUESTIONS FROM APPLICANTS OR THE OR THE, THE THE COMMUNITY OR THE COUNCIL. 
          SO WE WE HAVE TAKEN NOTE OF THOSE. THE COUNCIL ASKED US BACK IN SEPTEMBER TO COME FORWARD
WITH PHASE TWO. 
          THE CLEANUP CHANGES, IF YOU WILL. IN THIS NEW YEAR. 
          AND THAT'S WHAT MANAGEMENT HAS SAID THAT WE WOULD DO,
AND THAT'S HOW WE'RE PROCEEDING FORWARD WITH THIS. 
          WE'RE NOT REWRITING ANYTHING. THERE'S NO MATERIAL CHANGES THAT WEREN'T ALREADY AGREED UPON
IN 
          [01:25:03]
SEPTEMBER. I MEAN, THERE'S DEFINITELY CHANGES IN THE IT SHOULD HAVE BEEN PUD AGREEMENT. 
          INSTEAD THEY PUT DEVELOPMENT AGREEMENT AND WE CAUGHT THAT TOO LATE. 
          THINGS OF THAT NATURE. AGAIN CLARIFYING THE TABLE OF AS TO WHEN THE COMMUNITY
PARTICIPATION PLAN SHOULD BE HELD. 
          AND THAT COMES FROM THE COMMUNITY. WE HEAR THEM REPEATEDLY HERE AT THESE MEETINGS OR AT
THE COUNCIL MEETINGS. 
          YOU KNOW, WE SHOULD HAVE MORE OF THOSE. WHEN ARE THOSE BEING HELD. 
          AND WE WANT TO GET THAT CLARIFIED IN THE TABLE. 
          SO WE MADE THOSE CLEANUPS AND THAT'S WHAT THIS IS. 
          THIS IS NOT A REWRITE. THE REWRITE WAS DONE LAST YEAR. 
          I'M GOING TO STOP YOU, MISS FRAZIER. OKAY. THANK YOU. SO,
AND I THINK YOU'RE GOING TO ADDRESS SOME OF THIS IN YOUR GROWTH MANAGEMENT DEPARTMENT PRESENTATION FOR THE BENEFIT FOR OUR OF OUR NEW MEMBERS. 
          YOU KNOW, WE DO HAVE A COMPREHENSIVE PLAN. AND,
YOU KNOW, THERE WAS CITIZEN INPUT. 
          AND, YOU KNOW, FOR ME PERSONALLY, IT'S AN IMPORTANT DOCUMENT BECAUSE IT IS REALLY KIND OF
INFORMING THE PUBLIC OF OUR STRATEGIC PLAN FOR CONTINUING TO DEVELOP THE CITY. AND BUT THERE'S RESPECT TO THE FACT THAT WE HAVE
TO ALLOW PEOPLE WHO ARE OWN PROPERTY TO USE IT TO, TO WHAT THEY SEE AS IS THE THE BEST OF THEIR ABILITY. 
          AND SO THEY HAVE THE ABILITY TO APPROACH THEIR LOCAL GOVERNMENT AND SEEK THAT CHANGE. 
          WHETHER OR NOT WE ALLOW THAT IS IS A PROCESS. 
          MY ONE QUESTION AND AGAIN, I THINK WE'RE WE'RE GOING TO TALK ABOUT THIS HERE IN OUR OTHER
BUSINESS IS MUCH TO WITH THE LADY FROM THE AUDIENCE ASKED AND THAT IS. WHEN AND HOW DO WE EXERCISE OUR CRITICAL THINKING AND APPLY THAT TO APPLICATIONS? BECAUSE I HAVE SEEN THAT THAT WE'VE I MEAN, I HAVE ALL THE RESPECT IN THE WORLD FOR
DEVELOPERS AND THEY WANT TO PUT AS LITTLE RISK ON THE TABLE UP FRONT UNTIL THEY KNOW THEY CAN MOVE FORWARD. AND I UNDERSTAND THAT IN TERMS OF GOING THROUGH THE REZONING UP FRONT
AND HAVING KIND OF A A CONCEPT OF WHAT YOU WANT TO DO WITHOUT POURING A LOT OF MONEY INTO IT. BUT THEN AT THE SAME TIME, HOW DOES THAT,
AS IT'S MOVING THROUGH, LIMIT OUR ABILITY TO ACTUALLY PROTECT THE PUBLIC AND THE CITIZENS WHO COME BEFORE US WITH CONCERNS. AND I THINK THAT'S,
YOU KNOW, WHERE WE'RE KIND OF TALKING HERE. 
          AND SOME OF THE THINGS THAT I'VE HEARD OVER THE YEARS IS WHEN THE DEVELOPER COMES TO THE
PLANNING DEPARTMENT, IF THEY'RE SEEN TO BE SUBSTANTIAL CHANGES. AND THAT'S WHERE I THINK WE KIND OF GET LOST IN
THE SAUCE A LITTLE BIT IS WHAT IS A SUBSTANTIAL CHANGE. 
          AND SO YOU MAY BE GOING THAT OVER THAT IN YOUR OTHER BUSINESS PRESENTATION PIECE. 
          IF NOT, THEN I WOULD ACTUALLY AGREE WITH MR. MR. FILIBERTO THAT WE SHOULD PROBABLY HAVE A WORKSHOP TO EXPLAIN THAT AND WALK THROUGH THAT,
ESPECIALLY FOR NEW MEMBERS OF THE BOARD. 
          SO WE UNDERSTAND THAT THE DIFFERENT PHASES. WHAT WHAT IS WITHIN THE SCOPE OF OUR ABILITY
TO DO AND WHAT AND WHAT IS NOT. THAT WOULD BE BENEFICIAL. WITH THAT BEING SAID I CAN ANSWER SOME OF YOUR
QUESTIONS. 
          ARE YOU GOING TO GO OVER THAT IN THE GROWTH MANAGEMENT PIECE? NO,
SIR. 
          IT'S OKAY. SO. NO. AND I DON'T WANT YOU TO WALK AWAY THINKING THAT THIS WAS WRITTEN TO
ASSIST THE DEVELOPMENT COMMUNITY IN, YOU KNOW, BECOMING EASIER TO DEVELOP. 
          THIS IS. COULDN'T BE FURTHER FROM THE TRUTH. I HATE TO SAY THAT OUT LOUD. 
          YOU KNOW, WE REALLY LOOKED AT THIS CHAPTER IN PARTICULAR TO MAKE SURE THAT THE REVIEW
CRITERIA WAS SOUND, THAT TO MAKE SURE THAT WE ADDED INFORMATION THAT THEY HAD TO SUPPLY IN ORDER TO GET
THEIR DEVELOPMENT. APPROVALS. FOR INSTANCE, THEY HAVE TO NOW SUPPLY A NATURAL RESOURCE
ASSESSMENT FOR THEIR DEVELOPMENTS. THIS WAS SOMETHING THAT WAS NOT EVEN ASKED FOR BEFORE. 
          WE WANT TO KNOW WHAT'S ON THE SITE. WE WANT TO KNOW IF YOU'RE GOING TO HAVE TO GO TALK TO
U.S. 
          FISH AND WILDLIFE SERVICE OR WHAT YOU'RE GOING TO HAVE TO DO ON THESE PROPERTIES,
WHAT TREES YOU CAN PROTECT OR SHOULD PROTECT. 
          THAT'S A WHOLE DIFFERENT CHAPTER, BUT WE'LL GET TO IT. BUT WHAT I WANTED TO ADDRESS FOR
YOU IS THE QUESTION, HOW ARE YOU SUBSTANTIALLY IN COMPLIANCE WITH THE PDP,
THE CONCEPT PLAN THAT IS OUTLINED IN HERE? IT IS OUTLINED WHAT IS CONSIDERED A MINOR AMENDMENTS AND WHAT IS CONSIDERED NOT
SUBSTANTIALLY IN COMPLIANCE. 
          [01:30:01]
AND THEN YOU HAVE TO COME BACK TO THE BOARD AND GO THROUGH THE PROCESS AGAIN. 
          BUT FOR THE BENEFIT, BEFORE YOU USED TO SAY,
I'M SORRY, BEFORE IT USED TO SAY I COULD MAKE THE DECISION TO GIVE YOU AN ADMINISTRATIVE WAIVER, RIGHT. IF IT WAS 20% IN COMPLIANCE. WELL,
I GUESS THAT'S JUST UP TO ME THEN, RIGHT? AS A DIRECTOR, I NEVER WANT THAT TYPE OF RESPONSIBILITY FALLING ON MY LAP. 
          SO WE ACTUALLY IDENTIFIED AND AND WROTE IT OUT. 
          SO FOR THE BENEFIT OF THE BOARD, WHAT WE'RE TALKING ABOUT IN TERMS OF WHAT WE'RE GOING TO
BE MAKING A MOTION ON, AND I APPRECIATE YOUR INPUT, IS TO BASICALLY APPROVE THE TEXTUAL CHANGES TO REFLECT WHAT'S ALREADY BEEN DECIDED IN SEPTEMBER. 
          BUT AGAIN AND MAYBE I'LL BRING IT UP AS A NEW ITEM THAT WE'RE GOING TO WANT TO HAVE A
WORKSHOP TO, TO GO THROUGH. YOU KNOW, PLANNING AND DEVELOPMENT 101 FOR SOME OF OUR NEW BOARD MEMBERS. 
          AND I WILL BE THERE AS WELL. BUT WITH THAT BEING SAID,
LET'S GO AHEAD AND VOTE ON T 25 0000. I HOPE I DID ENOUGH ZEROS. ONE I'LL ENTERTAIN A MOTION. 
          MOTION TO APPROVE T 25 00001. LOOKING FOR A SECOND? WELL, FIRST, I'M GONNA MAKE A COMMENT BEFORE WE GET TO THE TO THE SECOND,
IF I MAY AGAIN, I THINK THAT. YEAH, WE'RE HERE JUST TO KIND OF CLEAN THIS CONTINUE TO MAKE SURE THAT WE
CLEAN THIS UP. 
          I KNOW THAT IN WHEN WE SET FOR THE FOR THE COMP PLAN IN SEPTEMBER,
IT WAS IT WAS ALREADY BROUGHT TO OUR ATTENTION THAT IT MAY BE COMING BACK FOR SOME CHANGES AND FOR SOME FOR SOME OTHER THINGS. 
          WE HONESTLY THOUGHT THAT IT WAS COMPLETE AND THAT IT WAS DONE. SO WE'RE JUST ACTUALLY JUST
MAKING SOME OF THE MISTAKES THAT WERE FOUND TO TO CLEAN THIS UP, TO MAKE IT CONSISTENT WITH WHAT IS ALREADY WRITTEN. 
          HOWEVER, I AM GOING TO HAVE TO JUST AGREE WITH MR. FILIBERTO THAT WE SHOULD HAVE A WORKSHOP AND WE SHOULD TRY TO DO THAT AS SOON AS POSSIBLE, BECAUSE THERE ARE GOING TO BE CASES THAT ARE GOING TO COME UP. THAT'S GOING TO HAVE A LOT
TO DO WITH THIS COMP PLAN. 
          AND WE NEED TO REALLY UNDERSTAND HOW TO MOVE AND AND WHAT THE BOARD. 
          I MEAN, THIS NEW BOARD. YOU KNOW HOW TO HOW TO MANEUVER THROUGH THAT. 
          SO SO YOU'RE SECONDING. I GOT YOU DOWN TO SECONDING THE MOTION TO TO TO MOVE FORWARD. 
          I CAN SECOND, AS LONG AS WE'RE GOING TO HAVE THAT WORKSHOP,
WE CAN. WE YEAH, WE NEED TO MAKE SURE WE DO THIS WORKSHOP. 
          OKAY. ALL RIGHT, SO THIS HAS BEEN MOVED BY MISS JORDAN AND SECONDED BY MR. WARDNER. ALL OF THOSE INDICATE BY SAYING I. I. 
          I. ALL OPPOSED? NO. THANK YOU. SIX ONE. 
          MAY I JUST ASK THE ATTORNEY? DO I HAVE THE ABILITY TO INJECT AN AN AGENDA ITEM? DID I DO I HAVE THE ABILITY TO INJECT AN AGENDA ITEM? I'LL HAVE A COUPLE OF FOLKS UP HERE ASKING FOR A WORKSHOP TO BE PLANNED. I WOULD LIKE TO
MAKE IT A MOTION. YOU CAN REQUEST THAT I WORK. 
          YOU CAN REQUEST STAFF TO TO HAVE A WORKSHOP FOR THE NEXT AGENDA. 
          I MEAN, YES, YOU CAN MAKE THAT REQUEST. OKAY. 
          NOW, DO YOU WANT TO HAVE IT BE AS A SPECIAL MEETING? I'LL HAVE TO DOUBLE CHECK YOUR BYLAWS. WHETHER YOU HAVE THE AUTHORITY TO CALL FOR A
SPECIAL MEETING OF THE OF THE PLANNING AND ZONING BOARD. 
          I'LL JUST DOUBLE CHECK IT, BUT I KNOW IT'S HERE SOMEWHERE. 
          GIVE ME A SECOND. 
          YES. THE CHAIR YOU DO HAVE. THE CHAIR HAS THE AUTHORITY TO CALL FOR FOR A WORKSHOP MEETING
TO GATHER INFORMATION AND EXAMINE PROPOSALS RELATING TO THE POWERS AND DUTIES WITH WHICH THE BOARD IS CHARGED. EXCELLENT. 
          MEETINGS ARE OPEN TO THE PUBLIC. HOWEVER, NO. 
          IN NO EVENT SHALL OFFICIAL ACTION BE TAKEN BY THE BOARD IN ANY WORKSHOP MEETING. 
          OKAY. MR. FILIBERTO, WOULD YOU LIKE TO. TO MAKE A MOTION? SURE. I FEEL LIKE THE WORKSHOP CAN HAPPEN AT ONE OF OUR REGULAR PLANNING AND ZONING
MEETINGS. IF IT'S IF IT'S A LIGHT DAY, LIKE TODAY WAS A LIGHT DAY, IN ALL HONESTY. SO IF THAT'S OKAY WITH THE REST OF THIS,
THIS BOARD. 
          I'D LIKE TO MAKE A MOTION FOR A WORKSHOP ON OUR. 
          I'M NOT GOING TO SAY NEXT MONTH'S MEETING, BUT THE THE THE MONTH AFTERWARDS,
SO THAT'D BE MAY. 
          JUNE. JUNE. IF I COULD ADVISE, I WOULD. I WOULD HAVE THEM BE SEPARATE MEETINGS. 
          SO IF YOU IF WE'RE GOING TO HAVE A WORKSHOP,
HAVE IT BE A SEPARATE AGENDA FOR A WORKSHOP, 
          [01:35:01]
IF WE'RE GOING TO DO A ONE 30 MINUTE OR 1 HOUR WORKSHOP,
THAT WORKSHOP BE FROM 6 TO 7 AND THEN YOU CONVENE AS, AS YOUR AS PLANNING ZONING BOARD AT YOUR REGULAR SCHEDULED MEETING AT 7 OR 730. 
          I JUST THINK IT'S TO SEPARATE THEM BECAUSE YOU WANT YOU'RE HAVING A WORKSHOP MEETING. 
          I UNDERSTAND WHAT YOU'RE SAYING. YOU'RE BASICALLY SAYING THAT A REGULARLY SCHEDULED
MEETING, THE PUBLIC IS SHOWING UP TO SEE THAT THEIR AGENDA ITEMS ARE TAKEN CARE OF, AS OPPOSED TO ENTERTAINING A WORKSHOP AND A REGULAR MEETING. 
          YOU'RE ALSO GOING. RIGHT. SO IF YOU'RE GOING TO HAVE A WORK,
IF YOU'RE GOING TO PUT IN A WORKSHOP, YOU'RE GOING TO HAVE ALSO APPLICANTS WHO ARE GOING TO BE SITTING HERE WRITING THROUGH AS OPPOSED TO DEDICATING SIMPLY A MEETING FOR WORKSHOP
PURPOSES, EITHER HAVE IT AS A SEPARATE DAY OR HAVE SEPARATE MEETINGS AT A SEPARATE TIME. 
          SO THAT, YOU KNOW, YOU YOU WE HAVE TWO SEPARATE WE HAVE A WORKSHOP MEETING AND WE HAVE A
REGULAR SCHEDULED MEETING. 
          UNDERSTAND? AND, MR. CHAIR, IF I MAY, RESPECTFULLY,
WE HAVE SOMETHING THAT'S CALLED A ROLLING AGENDA. 
          AND THESE ARE APPLICATIONS THAT ARE READY TO COME BEFORE YOU. 
          OKAY. AND WE. THIS WAS A LIGHT AGENDA. ABSOLUTELY. 
          OH, AND THAT'S WHY YOU'RE SEEING A LOT OF OTHER ACTIVITY GOING ON THIS EVENING. 
          IT WORKED OUT WELL, BUT RESPECTFULLY, I WOULD APPRECIATE IT IF I COULD HAVE A CHANCE TO GO
THROUGH OUR ROLLING AGENDA WITH MY STAFF TO SEE WHAT MIGHT BE ANOTHER LIGHT AGENDA. 
          UNLESS YOU'RE ALL WILLING TO DO A HEAVY AGENDA AND THEN A WORKSHOP BASED ON WHAT THE
ATTORNEY HAS SAID, I'M GOING TO CHANGE THE WAY THAT I'M DOING THIS. I'M JUST GOING TO CALL FOR A SPECIAL
WORKSHOP MEETING AND ASK THAT STAFF, PLEASE PLAN THAT FOR ONE HOUR BEFORE OUR NEXT MEETING AND TO MAKE SURE THAT IS ADVERTISED
WELL IN ADVANCE TO ALL MEMBERS OF THE BOARD. IT IS NOT A MANDATORY MEETING. I WILL BE THERE. 
          BUT DEFINITELY SOMETHING THAT WOULD BE STRONGLY ENCOURAGED FOR THOSE OF THE BOARD WHO ARE
NEW. 
          OKAY. MOVING ON. WE'RE GOING TO GO TO AGENDA ITEM FIVE. 
          ZERO. ZERO. ZERO. ZERO. TWO. MISS FRASER, THANK YOU. 
          THIS IS A TEXTUAL AMENDMENT AGAIN, TO REVISE LANGUAGE WITHIN CHAPTER 171. 
          DEFINITIONS. IN ALIGN WITH OUR LAST PRESENTATION. 
          THIS CHAPTER WAS MODIFIED DURING OUR LAND DEVELOPMENT CODE UPDATE TO BE IN COMPLIANCE WITH
OUR COMPREHENSIVE PLAN UPDATE. STAFF TOOK A ANOTHER LOOK AT ALL OF THE DEFINITIONS THAT WERE
INCLUDED AND FELT THAT THERE WERE SOME MISSING GAPS. ITEMS THAT ARE UTILIZED IN THE ZONING CODE THAT
WERE NOT ADDRESSED IN OUR DEFINITIONS CHAPTER. SO THAT'S WHAT YOU'RE SEEING TODAY. 
          I'LL GIVE YOU SOME EXAMPLES. CEMETERY THEY'VE ADDED. 
          CLUSTER SUBDIVISIONS WAS NOT PART OF OUR DEFINITIONS,
EVEN THOUGH THAT IS NOW A ZONING OVERLAY, IF YOU WILL. DENTAL LABS, ALL OF ALL OF THESE THINGS THAT YOU'RE SEEING AND OR CLARIFYING
LIKE LOW IMPACT DEVELOPMENT AND LOTS ARE VERY IMPORTANT. WE HAD PUT IN EXAMPLE I LIKE GRAPHICS EXAMPLE GRAPHICS IN OUR DEFINITIONS. 
          THERE'S A LOT OF ZONING CODES THAT YOU UTILIZE. 
          THAT MUNI CODE IS VERY GOOD IN ALLOWING THESE GRAPHICS. 
          UNFORTUNATELY, AMERICAN LEGAL DOES NOT. SO WE HAD TO REMOVE THOSE. 
          BUT THAT'S PRETTY MUCH THE SUMMATION OF THIS PARTICULAR CHAPTER. 
          I AM MORE THAN YOU'RE MORE THAN WELCOME TO ASK ME QUESTIONS ABOUT SOME OF THE DEFINITIONS
IF THEY CONCERN YOU. 
          THANK YOU, MISS FRAZIER. AND FOR THE BENEFIT OF MISS POWELL IN THE RECORDING,
MR. FILIBERTO HAS ASKED TO BE EXCUSED AND WILL BE EXCUSED FOR THE REMAINDER OF THE MEETING. 
          BACK TO OUR AGENDA ITEM AT HAND. ARE THERE ANY QUESTIONS OF STAFF REGARDING THE UPDATED
DEFINITIONS IN SECTION 171? YES. YES, MISS JORDAN. ON 171, PAGE 20, THERE ARE DEFINITIONS FOR DWELLINGS. AND THEY LIST DUPLEXES, SINGLE FAMILY TINY HOMES. 
          BUT THERE'S NOTHING IN THE CODE. AND MAYBE IT'S SOMEWHERE ELSE ABOUT MULTIGENERATIONAL. 
          SO WHERE DOES THAT FALL IN LINE WITH? IS IT SINGLE FAMILY? 
          [01:40:07]
HOW WOULD YOU DEFINE MULTIGENERATIONAL HOUSING? IT'S A NEW CONCEPT THAT IT'S NOT A DUPLEX. IT'S USED FOR FAMILIES THAT ARE TAKING CARE OF ELDERLY, BUT THEY WANT A LITTLE BIT OF SEPARATION,
BUT THEY'RE ON THE SAME WATER, SEWER, EVERYTHING ELSE. BUT IT'S NOT A COMPLETE DUPLEX SEPARATION. 
          AND IT'S SOMETHING A NEW INNOVATION THAT IS IN A LOT OF 50 AND OLDER SUBDIVISIONS. 
          IT SOUNDS LIKE SOMETHING MY WIFE WOULD LIKE TO DO TO OUR HOUSE WHEN HER MOTHER IS READY TO
MOVE IN. 
          WE'RE BASICALLY GOING TO HAVE TO PUT A DOOR INSIDE OF THE EXISTING STRUCTURE,
BUT IT WOULDN'T BE. 
          IT WOULDN'T BE ANOTHER STRUCTURE ON THE PROPERTY. 
          RIGHT. OKAY. IF YOU LOOK AT IT, IT'S SOMETHING THAT IS REALLY CAUGHT ON. 
          AND I WOULD LIKE TO SEE IT PUT IN THE CODE SO PEOPLE DON'T HAVE TO ASK FOR A VARIANCE. 
          SO IF I'M IF I MAY, MR. CHAIR. LITA, PLEASE. I'M SORRY,
MISS JORDAN. 
          PLEASE LOOK AT PAGE 170 1-1. I BELIEVE WHAT YOU'RE WHAT YOU'RE REFERRING TO IS THE
ACCESSORY DWELLING UNITS. IS THE PLANNING TERMINOLOGY FOR THIS VERY,
VERY PROMINENT IN THE AARP AND THEIR LIVING, SUSTAINABLE LIVING IN WITH ACCESSORY DWELLING UNITS. 
          IT ADDS ANOTHER DWELLING ONTO YOUR PROPERTY,
IF YOU WILL, BUT IT IS NOT LOOKED AT AS A A SEPARATE IT DOESN'T HAVE A SEPARATE ADDRESS. 
          BUT IT IS CONNECTED TO YOUR HOME IN SOME WAY TYPICALLY. 
          BUT IT IS ITS OWN DWELLING UNIT WITH ITS OWN KITCHEN OR KITCHENETTE,
IF YOU WILL, IN ITS OWN RESTROOM AND ITS OWN LIVING SPACE AND ITS OWN BEDROOM, RIGHT? BUT IT DOESN'T GIVE IT THE. WHEN YOU'RE IN A SINGLE FAMILY LOT,
YOU'RE ONLY SUPPOSED TO HAVE ONE DWELLING UNIT, CORRECT? THIS ALLOWS YOU TO HAVE THAT ACCESSORY DWELLING UNIT WITHOUT MODIFYING THE CODE. 
          AND I THINK THAT'S WHAT YOU'RE LOOKING FOR, MISS JORDAN,
THAT IS THE TERM THAT IS THE IN IN IN PLANNING LINGO THAT HAS BEEN ADOPTED. AGAIN, AARP RECOGNIZES THIS. 
          IT GIVES, LIKE YOU STATED, MULTIGENERATIONAL FAMILIES TO STAY TOGETHER,
WHETHER IT IS THE SINGLE PARENT CHILD COMING HOME AND OR THE ELDERLY PARENTS NEEDING A PLACE TO TO LIVE INDEPENDENTLY AND YET STILL BE
CLOSE TO THEIR FAMILY. 
          THIS HAS BEEN THE ADDITION TO THE DEFINITIONS AND THE ZONING CODE THAT THAT WE HAVE
INSERTED IN THERE. AND IT WAS IN THERE BACK IN SEPTEMBER. 
          ALL RIGHT. SO IT'S THERE, IT'S CALLED ACCESSORY DWELLING UNITS. 
          AND I BELIEVE THAT IS WHAT YOU'RE LOOKING FOR,
MA'AM. 
          TAKE A CHANCE TO LOOK AT IT, PLEASE. AND I KNOW MR. RODRIGUEZ IS NODDING HIS HEAD. ALTHEA, DO YOU DO YOU HEAR THE SAME TYPE OF QUESTION COMING
FROM MISS JORDAN? DO YOU BELIEVE THAT? THAT'S PROBABLY CORRECT. 
          THANK YOU. ALL RIGHT, SO IF SOMEONE BROUGHT A HOUSE PLAN TO THE BUILDING DEPARTMENT, IT LOOKS LIKE ONE STRUCTURE. 
          AND IT IS A MULTI-GENERATIONAL UNIT. WOULD THEY HAVE TO APPLY FOR AN ACCESSORY DWELLING
WITH THAT? NO, MA'AM. IF YOU IF YOU JUST HAVE A SINGLE FAMILY HOME THAT MEETS THE SETBACKS AND THE
AND THE SIZE, YOU CAN HAVE A UNIT THAT IS ATTACHED WITH A DOOR WALL AND A DOOR SO THEY WOULDN'T HAVE TO
THE WHAT? WHAT WE DISCOVERED MANY YEARS AGO IN OUR DISCUSSIONS WITH THIS,
ACCORDING TO THE BUILDING CODE, AND I'M NOT SURE IF IT'S BEEN MODIFIED OR NOT,
BUT I DON'T BELIEVE SO. 
          THE BUILDING CODE STATES GIVES GOOD DEFINITION OF WHAT UNIT MEANS. 
          CORRECT. SO YOU HAVE A DWELLING UNIT. SO IN SINGLE FAMILY ZONING YOU GET ONE DWELLING UNIT
DEPENDING ON THE, THE THE SINGLE FAMILY THE ZONE, IT COULD BE THIS SIZE OR THIS SIZE. 
          IT ALL DEPENDS. BUT IT'S GENERALLY ONE DWELLING UNIT. 
          CORRECT. MULTIFAMILY. YOU CAN HAVE MULTIPLE DWELLING UNITS. 
          CORRECT. SO THE DIFFERENCE WITH THIS ACCESSORY DWELLING UNIT AND OR YOU KNOW,
PUTTING ON AN ADDITION THAT'S CONNECTED TO YOUR HOME OR 
          [01:45:03]
PART OF YOUR HOME, BUT IT HAS A SEPARATE KITCHENETTE,
BATHROOM. 
          ALL OF THAT IS THE DEFINITION AND THE BUILDING CODE FOR DWELLING UNIT. 
          AND WHAT DEFINES THE DWELLING UNIT IS THE. AND I'LL GET IT WRONG BECAUSE I'M JUST NOT A
DEVELOPER HERE OR ELECTRICIAN. 
          IT IS THE PLUG THAT YOU WOULD USE AS A 240 TO PLUG A FULL OVEN IN. 
          IS IT THE 240? YES. EVERYBODY'S SAYING YES. AM I CORRECT? I THINK SOMEBODY SHOULD KNOW THIS. SO YOU'LL SEE IN A LOT OF THESE KITCHENETTES OR I SAY
KITCHENETTES OR BUT THESE ACCESSORY DWELLING UNITS, THEY DON'T HAVE A FULL OVEN. OKAY. THEY THEY JUST HAVE A MICROWAVE,
A HOT POT, YOU KNOW, OF COURSE, A FRIDGE AND ALL OF THAT GOOD STUFF. THAT IS THE DIFFERENCE IN THE BUILDING CODE OF WHAT
DEFINES A DWELLING UNIT. 
          AND ONCE WE DISCOVERED THAT, IT GAVE US THE FREEDOM TO ADD THESE ACCESSORY DWELLING UNITS, OR TO FEEL CONFIDENT THAT THE ADDITIONS OR REMODELING THAT PEOPLE WERE ADDING TO THEIR
SINGLE FAMILY HOMES TO ACCOMMODATE THEIR ELDERLY PARENTS AND OR THEIR DISABLED CHILD AND OR THE SINGLE PARENT WAS MEETING THE CODE,
WAS NOT ADDING DWELLING UNITS AND YET WAS ACCOMMODATING THAT MULTI GENERATION. 
          SO I HOPE THAT THAT THAT KIND OF ALLEVIATES YOUR THOUGHTS ON THAT. 
          WE HAVE ADDRESSED IT. ALL RIGHT. I WANT YOU TO KNOW THAT. 
          BUT IF YOU DON'T FEEL COMFORTABLE PLEASE COME TO THE COUNCIL AND WE CAN MAKE A CHANGE
THEN. 
          NO. AS LONG AS IT'S ADDRESSED AND YOU DON'T HAVE TO DO ADDITIONAL THINGS FOR A
MULTIGENERATIONAL FLOOR PLAN, YOU SUBMIT IT JUST LIKE A SINGLE FAMILY RESIDENCE. 
          AM I HEARING YOU RIGHT? YOU ARE CORRECT. OKAY,
NOW, NOW, PLEASE KNOW THAT I DON'T KNOW IF OUR CODE SAYS THAT OR IF THE BUILDING CODE. 
          AND I'M LOOKING AT CHRISTINA THERE BECAUSE SHE WORKED WITH BUILDING A LOT OF TIMES,
LIKE IN MY NEIGHBORHOOD, YOU CAN ADD THAT ACCESSORY DWELLING. AS LONG AS IT'S ATTACHED TO THE MAIN PRIMARY
STRUCTURE AND IT CAN BE JUST AN OUTSIDE, RIGHT? IT'S NOT A CATWALK. AN OUTSIDE BREEZEWAY. 
          BREEZEWAY. THANK YOU, THANK YOU, MA'AM. YES,
EXACTLY. 
          AND THAT TAKES CARE OF THAT CONNECTIVITY. OKAY,
THAT MAY BE A REQUIREMENT, BUT REGARDLESS THAT DOESN'T. 
          YOU'RE FINE. OKAY. THAT CLEARS THAT UP FOR ME. 
          THANK YOU. THANK YOU, MISS JORDAN. ANY OTHER QUESTIONS OF STAFF REGARDING THE DEFINITIONS? YES, SIR. REGARDING DEFINITIONS. THANK YOU SIR. 
          THE UNDER THE ONE FOR AGRICULTURE. ARE WE? I MEAN,
THE WAY THE WAY. 
          THAT IS THE WAY THAT IS WRITTEN AND THE WAY THAT IT'S,
IT'S SOUNDS HERE. 
          IT'S IS THAT IN CONSIDERATION OF ANY KIND OF CANNABIS PRODUCTS,
OR IS IT JUST THE STATE HAS PREEMPTED THE SUBJECT. THE SUBJECT MATTER OF CANNABIS OR ANY TYPE OF MARIJUANA PRODUCTION,
CULTIVATION, DISTRIBUTION. SO THE LOCAL CODE WILL NOT ADDRESS THAT. 
          OKAY. THAT'S THAT'S HANDLED BY THE STATE. AND AND WE WILL NOT GET INVOLVED. 
          ALL RIGHT. AND I SEE THAT THE CLUSTER. LET ME CHECK HOW YOU GUYS NAME THIS. 
          YOU'RE FINE. THE CLUSTER SUBDIVISION STILL MADE IT INTO THE INTO THE INTO THE CODES. 
          SO WILL WE STILL BE GIVEN THE OPPORTUNITY TO TO MAKE ANY KIND OF RECOMMENDATIONS ABOUT THE CLUB? ABOUT THE CLUSTER SUBDIVISIONS,
OR IS IT JUST OR IS IT OR WITH A CODE, JUST DETERMINE WHO CAN AND AND HOW THESE SUBDIVISIONS WILL BE ABLE TO POP UP AROUND THE CITY. 
          SO IF I MAY, THE CLUSTER SUBDIVISIONS ARE A ACTUALLY AN ENVIRONMENTAL TOOL THAT ALLOWS A
PROPERTY THAT HAS YOU KNOW, FOR INSTANCE, IS 30% WETLANDS OR SOME,
SOME REALLY GOOD, YOU KNOW, OLD GROWTH FOREST. I'M JUST GOING TO THROW THESE OUT THERE,
A GOOD SCRUB LAND WHICH IS FAST DISAPPEARING FROM FLORIDA, AND THEY SET IT ASIDE. IT THEN ALLOWS THEM TO NARROW DOWN AND TO CLUSTER THEIR DEVELOPMENT
INTO ONE CORNER WITHOUT USING LOSING DENSITY. THAT'S THE CONCEPT. 
          YOU WILL BE SEEING WHEN WE OPEN UP OUR ZONING CHAPTER THAT WE HAVE MODIFIED THE CLUSTER
SUBDIVISION DEFINITIONS AND USES. 
          BECAUSE I DIDN'T FEEL IT MET, IT DID NOT ATTAIN THAT LEVEL. 
          [01:50:04]
I KNOW THAT THERE WAS A LOT OF CONSTERNATION REGARDING CLUSTER SUBDIVISIONS. 
          IF THIS BOARD WOULD LIKE TO RECOMMEND THAT IT BE REMOVED FROM DEFINITIONS,
AND THEN LATER ON AS A ZONING OPPORTUNITY THAT IS COMPLETELY UP TO THIS BOARD. 
          YOU CAN ALWAYS, YOU KNOW, APPROVE PASSING THE DEFINITIONS WITH,
YOU KNOW CONDITION THAT THIS DEFINITION BE REMOVED FROM THE CODE. 
          THAT IS. ABSOLUTELY. I'M SORRY, MR. WARNER, WAS THAT YOUR QUESTION REGARDING? BECAUSE I
KNOW THAT THERE WAS THERE WAS CONCERN WHEN WE PASSED THIS BACK IN IN THE FALL REGARDING CLUSTER SUBDIVISIONS. OKAY. YES. GO AHEAD. CLARIFY WHAT WE'RE TALKING ABOUT. 
          JUST TO CLARIFY, WHAT WE'RE TALKING ABOUT IS ADDING A DEFINITION TO THE BOOK. 
          SO THERE'S WE HAVE A TERM THAT WE BOTH THAT EVERYBODY AGREES ON WHAT IT MEANS. 
          WE'RE NOT NECESSARILY SETTING ANY KIND OF POLICY OR SAYING THAT SOMETHING DOES OR DOES NOT
NECESSARILY NEED TO BE COMING BEFORE THE PLANNING AND ZONING BOARD FOR APPROVAL. 
          SO WE HAVE IN THE ZONING CHAPTER THIS PIECE OF DEFINITION,
THIS IS JUST A DEFINITION, A GLOSSARY OF AN EXISTING ZONING CODE. 
          IT GOOD LORD, IT IS A IT'S AN OVERLAY. SO, YOU KNOW,
YOU HAVE YOUR ZONING OF SINGLE FAMILY AND MULTIFAMILY. 
          THIS IS AN OVERLAY DEVELOPMENT OPTION THAT IS IN THE LAND DEVELOPMENT CODE TODAY. 
          AND IT'S IN CHAPTER 173 ZONING, WHICH WILL BE OPENED UP AND BROUGHT TO YOU ALL IN THE VERY
NEAR FUTURE. 
          SO WE ADDED THE DEFINITION JUST TO MAKE SURE WE'RE COVERING ALL OUR BASES. 
          YOU CAN OPT TO REMOVE IT TODAY AND OR WAIT UNTIL THE CLUSTER YOU DISCUSS ZONING IN A LATER
DATE, AND THEN OF COURSE, IT WOULD AUTOMATICALLY BE REMOVED OR JUST NOT APPLY. 
          THANK YOU. OKAY. THANK YOU. ANY OTHER QUESTIONS,
SIR? OKAY. HEARING NONE. I WOULD LOVE TO ENTERTAIN A MOTION. 
          SIR, NEED TO DO PUBLIC. I NEED TO DO A PUBLIC COMMENT. 
          I APOLOGIZE. I'M GOING TO GET BETTER. I WOULD LIKE TO OPEN THIS ITEM FOR PUBLIC COMMENT. 
          ANY OF THOSE FROM THE PUBLIC THAT WOULD LIKE TO SPEAK IN FAVOR? PLEASE COME FORWARD. ANY OF THOSE THAT WOULD LIKE TO SPEAK? OPPOSED? PLEASE COME FORWARD. I'M NOW GOING TO CLOSE THE PUBLIC MEETING. 
          BRING IT BACK TO THE BOARD AND ENTERTAIN A MOTION. 
          IF MOTION TO APPROVE T 25 00002. THANK YOU, MISS JORDAN. 
          DO I HAVE A SECOND? CAN WE ADD IN TO REMOVE THE DEFINITION OF CLUSTERS SUBDIVISIONS FOR
NOW. 
          WILL YOU AMEND YOUR MOTION TO REFLECT THAT? JUST A QUESTION FOR STAFF. 
          THAT DEFINITION IS REMOVED. IS THAT DO ANYTHING TO 173? DO WE HAVE TO HAVE THE DEFINITION IN THERE TO CHANGE THE OTHER? I WOULD GO BACK TO THE ATTORNEY, BUT IN MY HUMBLE OPINION,
REMOVING IT DOES NOT REMOVE THE ZONING. 
          IT JUST MEANS IT'S NOT DEFINED IN DEFINITIONS. 
          AND JUST BECAUSE SOMETHING ISN'T DEFINED DOESN'T MEAN YOU CAN'T UTILIZE IT. 
          WE WERE JUST TRYING TO, YOU KNOW, BE CONSISTENT. 
          OKAY. ALL RIGHT. ARE YOU WILLING TO AMEND YOUR MOTION? NO. NO. NO. DO I HAVE A SECOND FOR MISS JORDAN'S MOTION? WITHOUT AMENDMENT. SECOND. OKAY. SECONDED BY MR. MCNALLY. ALL OF THOSE IN FAVOR OF THE MOTION INDICATE BY SAYING AYE. 
          AYE. ALL OF THOSE OPPOSED? NAY. ONE, MR. WARNER. 
          THANK YOU VERY MUCH. I KNOW WE HAVE OTHER BUSINESS. 
          TWO ITEMS THERE. WE'VE BEEN HERE FOR TWO HOURS,
AND I NEED FIVE MINUTES. 
          SO LET'S TAKE A QUICK FIVE MINUTE BREAK AND WE'LL BE RIGHT BACK. 
          NO. OKAY. ALL RIGHT, LET'S GET BACK TO IT. WE ARE GOING TO PICK UP ON OUR AGENDA UNDER
OTHER BUSINESS GROWTH MANAGEMENT DEPARTMENT PRESENTATION, 
          [OTHER BUSINESS:]
MISS FRAZIER. THANK YOU, MR. CHAIR. PLEASE BE PREPARED TO BLOW. 
          YOU'RE GOING TO BLOW YOUR SOCKS OFF? NO. THIS ACTUALLY IS A GOOD PREEMPT TO THE WORKSHOP
THAT YOU'RE REQUIRING OR YOU'RE REQUESTING. IT WON'T POSSIBLY ANSWER ALL OF YOUR QUESTIONS,
BUT I THINK IT'LL BE A GOOD PRIMER. 
          I'M GOING TO TURN YOUR ATTENTION, PLEASE, TO SEVERAL ITEMS IN YOUR PACKET BESIDES THE
POWERPOINT WHERE YOU CAN TAKE NOTES. 
          WE HAVE INCLUDED OUR YEAR END GROWTH MANAGEMENT REPORT THAT WAS THAT WAS GIVEN TO THIS
BOARD IN JANUARY. 
          [01:55:04]
SO IF YOU ARE ON THE BOARD IN JANUARY, IT'S THE SAME REPORT. 
          BUT THIS IS FOR THE NEW MEMBERS TO REALLY TRY TO UNDERSTAND THE VOLUME OF APPLICATIONS AND
PROJECTS THAT WE PROCESS IN GROWTH MANAGEMENT THROUGH THE YEAR. 
          IN ADDITION, STAFF HAS WORKED REALLY DILIGENTLY. 
          I WANT TO THANK DEBBIE FLYNN AND CHANDRA FOR PUTTING THIS GUIDELINES,
THIS GUIDEBOOK, TOGETHER FOR THE BOARD. 
          IN THE GUIDELINES, YOU WILL SEE WHAT EACH SECTION FOR COMPREHENSIVE PLAN AMENDMENTS,
ZONING AMENDMENTS, VARIANCES, WHAT THE CONSIDERATIONS ARE WHEN YOU'RE MAKING DECISIONS REGARDING THOSE
REQUESTS. 
          IT GOES BACK TO WHAT WE WERE SAYING, THAT THERE'S REVIEW CRITERIA THAT YOU ALL SHOULD BE
TAKING INTO CONSIDERATION WHEN SOMEONE COMES WITH THEIR PROPERTY AND SAYS, I WANT TO CHANGE THE THE LAND USE FROM SINGLE FAMILY TO
MULTI-FAMILY AND BEYOND. 
          SO THIS IS A GREAT LITTLE GUIDEBOOK THAT WAS PROVIDED TO YOU. 
          I ENCOURAGE YOU ALL TO TAKE A MOMENT AT SOME POINT,
MAYBE WHEN YOU'RE TRYING TO GET SOME SLEEP TO REVIEW IT. 
          IT'S EXCITING FOR ME, BUT I'M A LAND USE PLANNER,
SO THERE WE GO. 
          FIRST OF ALL, I WANT TO EMPHASIZE HOW WE'RE SET UP. 
          GROWTH MANAGEMENT IS THERE AT THE TOP, OF COURSE,
BUT GROWTH MANAGEMENT DEPARTMENT IS ACTUALLY MADE UP OF LAND DEVELOPMENT AND CODE COMPLIANCE, BUT IT'S A BIGGER PICTURE IN THAT ALL OF OUR DEVELOPMENT REVIEWS TAKE INTO
CONSIDERATION ALL OF THE OTHER DEPARTMENTS IN THE CITY. WE DO NOT MAKE THESE REVIEWS OF OUR APPLICATIONS IN
A VACUUM. IT IS NOT JUST PLANNERS DECIDING HOW TO PLAN. 
          WE GET INPUT FROM UTILITIES AND THE BUILDING DEPARTMENT AND FIRE AND POLICE AND PARKS AND
YOU NAME IT ON ALL OF THE APPLICATIONS. WHOOPS. HOW COME I CAN'T JUST GO WHOOP. 
          ALL RIGHT, LET ME DO THIS. YEAH, I THOUGHT I WAS. 
          OKAY, THERE I AM. SO, ANYWAYS GROWTH MANAGEMENT IS MADE UP OF BASICALLY FOUR COMPONENTS
CODE ENFORCEMENT, PLANNING, PERMITTING, AND ZONING. WHAT'S THE DIFFERENCE,
YOU MIGHT ASK? PLANNING IS AGAIN YOUR LEGISLATION. LEGISLATIVE ACTIONS WHERE YOU'RE APPLYING THE
COMPREHENSIVE PLAN OR YOUR CHANGING CODE. AND LOOKING AT THE LONG RANGE OUTLOOK OF A COMMUNITY. ZONING IS WHEN YOU'RE REALLY LOOKING AT A PIECE OF PROPERTY AND YOU'RE
CHANGING ITS VALUE. 
          YOU'RE CHANGING ITS USE. AND THAT'S, THAT'S WHEN ZONING COMES IN. 
          CODE ENFORCEMENT OR CODE COMPLIANCE? THEY ARE THE INDIVIDUALS. 
          AND WE'VE GOT A GREAT GROUP OF CODE COMPLIANCE OFFICERS,
WELL MANAGED BY THE THE INFAMOUS VALERIE PUZINAS. THEY TAKE THE CODE AND WHEN IT IS NOT BEING UTILIZED CORRECTLY OR CORRECTLY
APPLIED BY INDIVIDUAL LANDOWNERS, THEY'RE THE ONES THAT GO OUT THERE AND GUIDE OUR COMMUNITY IN THE
RIGHT DIRECTION. 
          PERMITTING IS WHEN WE WE WORK VERY CLOSELY WITH THE BUILDING DEPARTMENT TO APPLY TO HELP
THEM IN THEIR BUILDING PERMITS. CORRECT. SO WE'RE THE ONES WHO LOOK AT A BUILDING APPLICATION FOR,
LET'S SAY, ONE SINGLE FAMILY LOT AND MAKE SURE THAT THEY HAVE THE CORRECT SETBACKS AND THE, THE CORRECT I GUESS SETBACKS AND ACCESSORY STRUCTURES
AND ALL OF THAT GOOD STUFF. BUT IN ADDITION, THE PERMITTING IS WHEN WE DO THE FINAL
DEVELOPMENT ORDERS. 
          GOD BLESS IT. I DID IT AGAIN, DIDN'T I? HOLD ON. 
          THERE WE GO. CODE ENFORCEMENT. I'M SORRY I GOT GOT AHEAD OF MYSELF. 
          THESE ARE ALL THE VARIOUS THINGS THAT CODE ENFORCEMENT DOES FOR US. 
          PERMITTING, AGAIN, IS OUR ZONING EDUCATION. WE DO A LOT OF THAT. 
          CUSTOMER SERVICE. WE'RE AT THE FRONT DESK. PERMITTING IS AT THE FRONT DESK,
FOLKS, WHERE CUSTOMERS COME IN AND THEY HAVE A MULTITUDE OF QUESTIONS ON HOW TO APPLY FOR PERMITS. AND DO THE ADDITIONS AND OR RENOVATIONS TO THEIR HOMES OR EVEN TO BUILD
A 
          [02:00:04]
HOME. SO AGAIN, WE WORK VERY CLOSELY WITH THE BUILDING DEPARTMENT AND IT'S MAINLY
RESIDENTIAL, PERMITTING, ZONING. AS I STATED, WE WE UPDATE THE GIS MAPS THAT ARE ON OUR WEBSITE FOR THE
NEW MEMBERS. 
          YOU CAN ALWAYS GO ON THE CITY'S WEBSITE, GO UNDER GIS SERVICES,
AND YOU CAN FIND THE ENTIRE CITY. 
          IT WILL TELL YOU WHAT IT IS ZONED A PARTICULAR PROPERTY,
WHAT IT IS ZONED. 
          WHAT'S THE LAND USE? YOU CAN CLICK ON THE LITTLE. 
          WHAT IS IT CALLED? WELL, IT POPS IT UP. IT'S LIKE THE QUERY. 
          AND YOU CAN CLICK ON IT AND IT'LL GO RIGHT TO THAT ZONING CODE. 
          SORRY, I DON'T HAVE THE LANGUAGE OF THE MILLENNIALS. 
          I'M RELYING ON YOU, CHRISTINA. AND THEN PLANNING AGAIN IS THE LONG RANGE PLANNING,
THE MASTER PLANS, INTER-DEPARTMENTAL COORDINATION, COMPREHENSIVE PLANS,
DEVELOPMENT ORDERS. 
          THE PLANNING AND ZONING BOARD RESPONSIBILITIES. 
          HERE YOU ARE. REALLY? IT'S ALL ABOUT ANYTHING THAT'S COMING BEFORE YOU THAT REQUIRES A
PUBLIC HEARING. 
          FOR INSTANCE, SITE PLANS ARE ADMINISTRATIVELY APPROVED. 
          THEY'RE ADMINISTRATIVELY REVIEWED AND APPROVED. 
          HOWEVER ANY CHANGES TO THE FUTURE LAND USE MAP? THE COMPREHENSIVE PLAN MAP WILL COME BEFORE YOU. 
          ANY COMPREHENSIVE PLAN, TEXTUAL AMENDMENTS, ANY REZONING VARIANCES,
CONDITIONAL USES. 
          THOSE ARE YOUR QUASI JUDICIAL THE PUDS, THE PRELIMINARY DEVELOPMENT PLANS WE TALKED ABOUT
THIS EVENING. 
          FINAL DEVELOPMENT PLANS AND PRELIMINARY PLANTS. 
          THESE WILL COME TO YOU. YOU'LL GET YOUR STAFF REPORTS,
AGENDA PACKETS, AND ALL THE PUBLIC NOTICING OCCURS BEHIND THE BEHIND THE CURTAINS. 
          AND THE ADMINISTRATIVE APPROVALS VARIANCES CAN BE ADMINISTRATIVELY APPROVED. 
          BUT UNTIL THEY REACH A LEVEL OF THE FLORIDA STATUTE,
AS FAR AS HARDSHIPS GO SITE PLANS, SITE WORK PERMITS, RESIDENTIAL PERMITS, SUBDIVISION CONSTRUCTION PLANS,
THOSE ARE ALL ADMINISTRATIVELY APPROVED AGAIN IN CONJUNCTION WITH THE OTHER DEPARTMENTS. 
          WE ARE NOT JUST PLANNERS MAKING LAND DEVELOPMENT CODE RUN. 
          YOU HAVE PUBLIC WORKS UTILITIES. TRAFFIC, PUBLIC SAFETY. 
          THEY'RE ALL REVIEWING THESE PLANS FOR THE APPROVAL. 
          THIS IS A GENERAL TIMELINE THAT I THINK A LOT OF YOU WOULD BE INTERESTED IN IN SEEING
THIS. 
          THIS IS THE STANDARD FLOW PROCESS. SO WHEN AN APPLICATION IS UPLOADED INTO THE IMS PORTAL
WE TAKE FIVE BUSINESS DAYS TO MAKE SURE THAT IT IS A COMPLETE APPLICATION. 
          IF IT IS NOT COMPLETE, IT IS SENT. THAT EMAIL IS SENT BACK TO THE APPLICANT SAYING YOU
NEED TO PROVIDE X, Y, AND Z BEFORE WE CAN MOVE IT ON FOR REVIEW. 
          ONCE IT IS COMPLETE, ONCE THAT APPLICATION IS COMPLETE,
THEN WE DISTRIBUTE IT TO THE WHOLE DEVELOPMENT REVIEW COMMITTEE. 
          AGAIN, ALL THE OTHER DEPARTMENTS THEN STAFF HAS 30 BUSINESS DAYS OR 30 DAYS TO REVIEW THAT
APPLICATION. 
          THIS IS IN ACCORDANCE TO FLORIDA WITH FLORIDA STATUTE 166 .033. 
          IT STATES THAT WITHIN 30 DAYS YOU NEED TO HAVE COMMENTS. 
          GO BACK AND WE STRIVE FOR THAT. SOMETIMES WE SLIP UP,
ESPECIALLY WHEN WE HAVE A LOT OF APPLICATIONS COMING IN. 
          IN ACCORDANCE WITH FLORIDA STATUTES. WE WILL GO THROUGH THIS COMMENT REVIEW PERIOD UP TO
THREE TIMES. 
          AT THE THIRD TIME, WE CALL THE APPLICANT IN AND THEY HAVE TO MEET WITH THE DEVELOPMENT
REVIEW COMMITTEE, AND WE HAVE TO COME TO AGREEMENT. A MEETING OF THE MINDS. 
          YOU KNOW, WE KEEP ASKING THIS OF YOU, AND YOU DON'T SEEM TO BE ABLE TO SUPPLY THAT TO US. 
          WHY? WHY NOT? WHAT CAN WE DO TO HELP THIS MOVE FORWARD? AND AGAIN, IN ACCORDANCE WITH FLORIDA STATUTE,
THE APPLICANT HAS THAT OPPORTUNITY TO MOVE IT FORWARD TO FOR PUBLIC HEARING WITHOUT STAFF SUPPORT OR GO BACK TO TO TO MODIFYING IT SO THAT IT CAN GET STAFF SUPPORT. 
          THIS IS WHEN YOU GO TO THE PLANNING AND ZONING BOARD AND THEN WITH YOUR RECOMMENDATIONS,
IT MOVES FORWARD TO CITY COUNCIL. 
          OFTENTIMES, WELL, YOU KNOW, WITH THE LAND USE CHANGES,
LARGE SCALE AND ZONING CHANGES, AMENDMENTS, I APOLOGIZE. THESE TAKE ORDINANCES AND IN ORDINANCES THAT TAKES TWO PUBLIC HEARINGS. 
          SOMETIMES LIKE FOR PRELIMINARY PLATS OR FINAL PLANTS AND LIKE THE FINAL DEVELOPMENT PLAN
OR THE FINAL DEVELOPMENT PLAN 
          [02:05:07]
WILL BE AN ORDINANCE, I THINK. NO. YES. YOU'RE LOOKING AT ME. 
          I'LL HAVE TO CHECK ON THAT ONE. DOESN'T MATTER. 
          WHEN IT DOESN'T REQUIRE AN ORDINANCE, THEN IT'S GENERALLY A RESOLUTION AND OR JUST A
SIGNED AGREEMENT WITH THE CITY, SUCH AS PLATS. THEY JUST APPROVE IT, AND THEN IT ALL GETS SIGNED AND RECORDED. 
          THESE ARE OUR END OF YEAR WINS. AGAIN, THEY'RE IN YOUR PACKETS. 
          INITIATIVES FOR THIS YEAR IS TO DO THE PHASE TWO UPDATE. 
          WE HAVE A GUIDEBOOK, A SITE PLAN GUIDEBOOK THAT IS WOEFULLY PITIFUL. 
          AND SO WE'RE MAKING IT WE'RE GETTING JUST WE'RE GETTING RID OF IT AND MAKING IT WEB BASED
SO THAT WHEN YOU WANT TO SUBMIT AN APPLICATION FOR ZONING, IT SHOWS YOU EVERYTHING THAT YOU NEED TO DO. I'M SO SORRY. 
          I KNOW I'M BEING BEING PROBABLY A LITTLE LOOSEY GOOSEY WITH MY MY,
MY, MY WORDS THIS EVENING, BUT IT'S LATE. WE HAVE CONTINUOUSLY WORK ON OUR PROCESS AND PROCEDURE IMPROVEMENTS,
ESPECIALLY OUR SITE WORK PROCESS RIGHT NOW. 
          PERMIT PROCESS NEEDS A LOT OF WORK, AND WE ARE DEEP IN THE WEEDS ON THAT. 
          AND THEN THE PRE-APPLICATION PROCESS, WE WERE DEEP IN THE WEEDS ON THAT AND THANKFULLY TO
ALTHEA AND CHRISTINA, WE ARE REALLY COMING BACK ON BOARD WITH WITH THE PRE-APPLICATION PROCESS. 
          SO THESE ARE A LOT OF OUR INITIATIVES FOR THE NEXT YEAR. 
          THERE ARE TRAINING OPPORTUNITIES FOR BOARD MEMBERS. 
          IF THEY ARE INTERESTED. SOME OF THEM COME WITH A COST. 
          BUT IF IF THE BOARD SAYS, HEY, WE REALLY WANT TO GO TO THE PLANNING OFFICIALS TRAINING
WORKSHOP, WHICH IS IN DAYTONA BEACH THIS SEPTEMBER AT THE APA FLORIDA CHAPTER CONFERENCE. 
          YOU KNOW, PERHAPS WE COULD REQUEST FUNDING TO HAVE ALL OF YOU GO. 
          THERE ARE ONLINE OR ON DEMAND VIDEO SERIES ALSO FOR YOUR FREE USE AND THAT'S ABOUT IT. ANY QUESTIONS? ANY QUESTIONS FROM THE BOARD FOR STAFF AS IT GOES TOWARDS
THEIR PRESENTATION? HEARING NONE. THANK YOU VERY MUCH. 
          FRAZIER I APPRECIATE THAT VERY MUCH. ACTUALLY,
WHAT'S IN HERE IS QUITE ILLUMINATING, AND I APPRECIATE THE THE HANDOUT. 
          YOU'RE RIGHT, IT WILL COMPLEMENT OUR WORKSHOP MEETING VERY NICELY. 
          WITH THAT, WE'RE GOING TO MOVE ON TO OUR NEXT AGENDA ITEM. 
          THE BOARD ATTORNEY PRESENTATION. ALL RIGHT. GOOD EVENING. 
          I'LL ACTUALLY STAY DOWN HERE FOR THIS ONE. PUT IT ON THE SCREEN. 
          OH, I'LL GO GET STARTED. LET ME START IT. THERE WE GO. 
          ALL RIGHT. FOLLOWING IS THE BASICALLY A BASIC PRIMER ON GOVERNMENT IN THE SUNSHINE LAW,
WHICH GOVERNS THIS BOARD AS WELL AS ALL THE PUBLIC BOARDS. OH, I FORGET, I HAVE TO DO BOTH SCREEN. 
          BOTH MY SCREENS. SO THE SUNSHINE LAW IS COVERED IN BOTH. 
          ARTICLE ONE, SECTION 24 OF THE FLORIDA CONSTITUTION,
AS WELL AS SECTION 286 .011 OF FLORIDA STATUTES. 
          THE ARTICLE THE CONSTITUTION STATES ALL MEETINGS OF ANY COLLEGIAL PUBLIC BODY,
OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, OR ANY COLLEGIAL PUBLIC BODY OF A COUNTY, MUNICIPALITY,
SCHOOL DISTRICT, OR SPECIAL DISTRICT AT WHICH PUBLIC AT WHICH OFFICIAL ACTS ARE TO BE TAKEN, OR AT WHICH PUBLIC BUSINESS OF SUCH BODY IS TO BE TRANSACTED OR DISCUSSED,
SHALL BE OPEN AND NOTICED TO THE PUBLIC. 
          AND MEETINGS OF THE LEGISLATURE SHALL BE OPEN AND NOTICED. 
          SECTION 286 0111 PROVIDES THAT ALL MEETINGS OF ANY BOARD OR COMMISSION OF ANY STATE AGENCY
OR AUTHORITY, OR OF ANY AGENCY OR AUTHORITY, OF ANY COUNTY,
MUNICIPAL, CORPORATION OR POLITICAL SUBDIVISION, EXCEPT AS OTHERWISE PROVIDED IN THE CONSTITUTION AT WHICH OFFICIAL ACTS ARE TO BE TAKEN,
ARE DECLARED TO BE PUBLIC MEETINGS OPEN TO THE PUBLIC AT ALL TIMES. 
          SO THESE ARE THE REQUIREMENTS. THE STATUTE HAS FOR PUBLIC MEETINGS. 
          FIRST IS THAT THE MEETINGS OF PUBLIC BOARDS OR COMMISSIONS MUST BE OPEN TO THE PUBLIC. 
          SECOND, THE REASONABLE NOTICE OF SUCH MEETINGS MUST BE GIVEN,
AND THAT MINUTES OF THE MEETINGS MUST BE TAKEN. 
          SO THE SUNSHINE LAW IS APPLICABLE TO THIS BOARD. 
          SO THE PLANNING AND ZONING BOARD IS SUBJECT TO SUNSHINE LAW. IN THE CASE OF TOWN OF PALM
BEACH VERSUS GRADISON, THE FLORIDA SUPREME COURT IN 1974 HELD THAT A PLANNING COMMITTEE APPOINTED BY THE COUNCIL TO ASSIST IN REVISION OF ZONING ORDINANCES WAS FOUND TO BE
SUBJECT TO THE SUNSHINE LAW. 
          THE COURT CONCLUDED THAT THE COMMITTEE SERVED AS THE ALTER EGO OF THE COUNCIL IN MAKING
TENTATIVE DECISIONS, STATING THAT ANY COMMITTEE ESTABLISHED BY THE TOWN COUNCIL TO ACT IN ANY TYPE OF ADVISORY
CAPACITY WOULD BE SUBJECT TO THE PROVISIONS OF THE GOVERNMENT IN THE SUNSHINE LAW. 
          SO WHO DOES THE ACT APPLY TO? THE LAW APPLIES TO MEETINGS OF TWO OR MORE MEMBERS OF THE
SAME BOARD OR COMMISSION. 
          [02:10:07]
WHEN DISCUSSING SOME MATTER WHICH FORESEEABLY WILL COME BEFORE THE BOARD OR COMMISSION. 
          THEREFORE, THE STATUTE DOES NOT ORDINARILY APPLY TO AN INDIVIDUAL MEMBER OF THE BOARD,
OR TO PUBLIC OFFICIALS WHO ARE NOT BOARD MEMBERS. 
          THE SUNSHINE LAW DOES NOT NORMALLY APPLY TO A MEETING OF A MEMBER OF THIS BOARD WITH A
PRIVATE CITIZEN. 
          HOWEVER, THE COURTS OF APPEAL IN JENNINGS V DADE COUNTY HELD THAT SUCH A MEETING
CONSTITUTES AN EX PARTE MEETING, AND THAT SUCH A MEETING RAISES A PRESUMPTION THAT THE CONTACT WAS PREJUDICIAL TO THE
DECISION MAKING PROCESS, WHICH WOULD REQUIRE DISCLOSURE OF SUCH A MEETING DURING A QUASI JUDICIAL MEETING. 
          TO OVERCOME SUCH A PRESUMPTION, AND HENCE WHY THERE IS THAT STATEMENT PRIOR TO EACH OF OUR
MEETINGS, WHEN MATTERS ARE QUASI JUDICIAL, JUST SIMPLY TO TO NOTIFY THE PUBLIC WHETHER OR NOT YOU'VE
HAD SUCH A MEETING IN ORDER TO OVERCOME ANY TYPE OF PRESUMPTION OF PREJUDICE ON THE BOARD FOR FOR YOUR DECISION MAKING AUTHORITY. 
          SO WHEN DOES THE SUNSHINE LAW NOT APPLY? IT DOESN'T APPLY TO A MEETING BETWEEN INDIVIDUALS
WHO ARE MEMBERS OF DIFFERENT BOARDS. 
          UNLESS ONE OR MORE OF THE INDIVIDUALS HAS BEEN DELEGATED THE AUTHORITY TO ACT ON BEHALF OF
THEIR BOARD. 
          THEREFORE, REMEMBER THE PLANNING AND ZONING BOARD MAY MEET WITH AN INDIVIDUAL MEMBER OF
THE CITY COUNCIL TO DISCUSS A RECOMMENDATION MADE BY THAT BOARD. 
          SINCE TWO OR MORE MEMBERS OF THE PLANNING AND ZONING BOARD ARE NOT PRESENT,
PROVIDED THAT NO DELEGATION OF DECISION MAKING AUTHORITY HAS BEEN MADE AND NEITHER MEMBER IS ACTING AS A LIAISON. SO THESE ARE THE MEETINGS THAT ARE COVERED UNDER THE SUNSHINE. 
          THE ONE QUESTION IS CAN A BOARD MEMBER ATTEND ANOTHER BOARD'S MEETING? THE ANSWER IS YES. A BOARD MEMBER MAY ATTEND MEETINGS OF A SECOND PUBLIC BOARD AND COMMENT
ON AGENDA ITEMS THAT MAY SUBSEQUENTLY COME BEFORE THE COMMISSION FOR FINAL ACTION. 
          HOWEVER, IT HAS BEEN ADVISED THAT IF MORE THAN ONE BOARD MEMBER IS IN ATTENDANCE AT SUCH A
MEETING, NO DISCUSSION OR DEBATE MAY TAKE PLACE AMONG THE COMMISSIONERS ON THOSE ISSUES. 
          AS AN EXAMPLE, A CITY COMMISSIONER MAY ATTEND A PUBLIC COMMUNITY DEVELOPMENT BOARD MEETING
HELD TO CONSIDER A PROPOSED CITY ORDINANCE AND EXPRESS HIS OR HER VIEWS ON THE PROPOSED ORDINANCE, EVEN THOUGH OTHER CITY COMMISSIONERS MAY BE IN ATTENDANCE. 
          HOWEVER, THE CITY COMMISSIONERS IN ATTENDANCE MAY NOT ENGAGE IN THE DISCUSSION OR DEBATE
AMONG THEMSELVES, BECAUSE THEIR DISCUSSIONS AND DELIBERATIONS ON THE PROPOSED ORDINANCE MUST OCCUR IN AT A
DULY NOTICED CITY COMMISSION MEETING. 
          ANOTHER QUESTION CAN MORE THAN ONE PLANNING AND ZONING BOARD MEMBER ATTEND A COMMUNITY
FORUM SPONSORED BY A PRIVATE ORGANIZATION? YES YOU CAN. MEETINGS SPONSORED BY A PRIVATE ORGANIZATIONS ARE NOT SUBJECT TO SUNSHINE LAW
UNLESS THE BOARD MEMBERS DISCUSS ISSUES COMING BEFORE THE BOARD AMONG THEMSELVES. 
          HOWEVER, CAUTION SHOULD BE EXERCISED TO AVOID SITUATIONS IN WHICH PRIVATE POLITICAL OR
COMMUNITY FORUMS MAY BE USED TO CIRCUMVENT THE STATUTE'S REQUIREMENTS. 
          RECENTLY, MEMBERS OF A CITY PLANNING AND ZONING COMMISSION VIOLATED THE SUNSHINE LAW WHEN
THEY PARTICIPATED IN DISCUSSIONS AT MEETINGS OF A COMMUNITY IMPROVEMENT ORGANIZATION WHICH INVOLVED PLANNING AND ZONING MATTERS. IN THE CASE OF CITY OF BRADENTON BEACH VERSUS METZ,
THE COURT FOUND THAT THE COMMISSIONERS PARTICIPATION IN THE DISCUSSIONS WAS PARTICULARLY TROUBLING BECAUSE THEY CONTINUED TO ATTEND DESPITE SUNSHINE LAW CONCERNS EXPRESSED BY THE
CITY ATTORNEY. 
          IF SUCH A SITUATION SHOULD ARISE, IT IS ADVISABLE TO CONTACT THE CITY ATTORNEY'S OFFICE
FOR GUIDANCE. 
          A REMEDY TO SUCH A SITUATION WOULD BE TO PUBLICLY NOTICE THE MEETING,
AND A MEMBER OF THE CITY CLERK'S OFFICE WOULD BE IN ATTENDANCE TO TAKE MINUTES OF THE MEETING FOR RECORDING, AND THEREFORE HAVE SUCH A COMMUNITY FORUM BE CONDUCTED IN THE
SUNSHINE. 
          HERE'S ONE THAT HAS TRIPPED UP MANY A BOARD IN THE STATE,
AND THAT'S. 
          CAN A BOARD MEMBER SEND AN EMAIL OR TEXT MESSAGE TO ANOTHER BOARD MEMBER? SHORT ANSWER IS NO. PLEASE DON'T. THE SUNSHINE LAW REQUIRES BOARDS TO MEET IN PUBLIC. 
          BOARDS MAY NOT TAKE ACTION ON OR ENGAGE IN PUBLIC DISCUSSIONS OF BOARD BUSINESS VIA
WRITTEN CORRESPONDENCE, EMAILS, TEXT MESSAGES, OR OTHER ELECTRONIC COMMUNICATIONS. 
          THIS TYPE OF ELECTRONIC COMMUNICATION ALSO EXTENDS TO COMMENTS ON SOCIAL MEDIA POSTINGS. 
          THE FLORIDA. THE FLORIDA ATTORNEY GENERAL'S OFFICE HAS OPINED THAT MEMBERS OF A CITY BOARD
OR COMMISSION MAY NOT ENGAGE ON THE CITY'S FACEBOOK PAGE IN AN EXCHANGE OR DISCUSSION OF MATTERS THAT FORESEEABLY WILL COME BEFORE THE BORDER COMMISSION FOR OFFICIAL ACTION. 
          AS AN ASIDE, FOR THOSE OF YOU ON SOCIAL MEDIA,
PLEASE DO NOT COMMENT ON PUBLIC SOCIAL MEDIA POSTS. I THINK THIS HAPPENED IN SOUTH FLORIDA. 
          ONE CITY COMMISSIONER MADE A COMMENT ON A PUBLIC POST. 
          A SECOND COMMISSIONER THEN MADE A COMMENT. WELL GUESS WHAT? THEY WERE NOW HAVING A CONVERSATION OUTSIDE OF THE SUNSHINE. 
          JUST DON'T. JUST JUST DON'T. SERIOUSLY. JUST DON'T. 
          CAN A BOARD MEMBER ATTEND A SOCIAL FUNCTION IF ANOTHER BOARD MEMBER WILL BE IN ATTENDANCE? YES. MEMBERS OF A PUBLIC BOARD ARE NOT PROHIBITED FROM MEETING TOGETHER SOCIALLY,
PROVIDED THAT MATTERS WHICH MAY COME BEFORE THE BOARD ARE NOT DISCUSSED AT SUCH GATHERINGS. THEREFORE, A LUNCHEON MEETING HELD BY A PRIVATE ORGANIZATION FOR MEMBERS OF A
PUBLIC BOARD AT WHICH THERE IS NO DISCUSSION AMONG SUCH OFFICIALS ON MATTERS RELATING TO 
          [02:15:03]
PUBLIC BUSINESS, WOULD NOT BE SUBJECT TO THE SUNSHINE LAW MERELY BECAUSE OF THE PRESENCE
OF TWO OR MORE MEMBERS OF A COVERED BOARD OR COMMISSION. 
          SO YES, IF THERE'S A I THINK FROM SOME EXAMPLES,
JUST FROM MY OWN PREVIOUS GOVERNMENTS, YOU KNOW, MUNICIPAL PRAYER BREAKFAST, YES. ALL OF YOU CAN ATTEND. 
          IT'S USUALLY ADVISABLE, EACH ONE OF YOU SIT AT SEPARATE TABLES,
SO IT DOESN'T EVEN GIVE THE APPEARANCE THAT THERE MIGHT BE SOME IMPROPRIETY. 
          ESPECIALLY WITH MEMBERS OF THE PUBLIC MIGHT BE THERE. IT'S ALWAYS JUST LOOK SAFE. 
          THAT'S THE BEST THING WHEN IT COMES TO ESPECIALLY SUNSHINE AND DEALING WITH THE PUBLIC. 
          JUST LOOK SAFE. DON'T LOOK LIKE YOU'RE DOING SOMETHING. 
          SO THESE ARE THE PROCEDURES FOR PUBLIC MEETINGS WHEN IT COMES TO THE SUNSHINE LAW. 
          SO IN REGARDS TO AN AGENDA, THE SUNSHINE LAW DOES NOT MANDATE THAT A BOARD PROVIDE NOTICE
OF EACH ITEM TO BE DISCUSSED VIA A PUBLIC PUBLISHED AGENDA. 
          THE SUNSHINE LAW DOES NOT REQUIRE A BOARD TO CONSIDER ONLY THOSE MATTERS ON A PUBLISHED
AGENDA. 
          EVEN THOUGH THE SUNSHINE LAW DOES NOT PROHIBIT A BOARD FROM ADDING TOPICS TO THE AGENDA OF
A REGULARLY NOTICED MEETING. 
          THE ATTORNEY GENERAL'S OFFICE HAS ADVISED BOARDS TO POSTPONE FORMAL ACTION ON ANY ADDED
ITEMS THAT ARE CONTROVERSIAL. 
          THE SUNSHINE LAW REQUIRES THAT MINUTES OF A MEETING OF A PUBLIC BOARD OR COMMISSION BE
PROMPTLY RECORDED AND OPEN FOR PUBLIC INSPECTION. 
          THE TERM MINUTES CONTEMPLATES A BRIEF SUMMARY OR SERIES OF BRIEF NOTES OR MEMORANDA
REFLECTING THE EVENTS OF THE MEETING. 
          ACCORDINGLY, A VERBATIM TRANSCRIPT IS NOT REQUIRED WHEN IT COMES TO NOTICE. 
          REASONABLE PUBLIC NOTICE IS REQUIRED FOR ALL MEETINGS SUBJECT TO THE SUNSHINE LAW,
AND IS REQUIRED EVEN THOUGH A QUORUM IS NOT PRESENT. 
          THE SUNSHINE LAW DOES NOT DEFINE REASONABLE NOTICE. 
          THE TYPE OF NOTICE GIVEN DEPENDS ON THE PURPOSE FOR THE NOTICE,
THE CHARACTER OF THE EVENT ABOUT WHICH THE NOTICE IS GIVEN, AND THE NATURE OF THE RIGHTS TO BE AFFECTED. IN EACH CASE,
AN AGENCY MUST GIVE NOTICE AT SUCH TIME AND IN SUCH A MANNER AS TO ENABLE THE MEDIA AND THE GENERAL PUBLIC TO ATTEND THE MEETING. WHEN IT COMES TO PUBLIC COMMENTS NOW,
THE SUNSHINE LAW NOW MANDATES THAT MEMBERS OF THE PUBLIC SHALL BE GIVEN A REASONABLE OPPORTUNITY TO BE HEARD ON A PROPOSITION BEFORE A BOARD OR COMMISSION. 
          THE OPPORTUNITY TO BE HEARD DOES NOT HAVE TO OCCUR. 
          AT THE SAME MEETING AT WHICH THE BOARD TAKES OFFICIAL ACTION. 
          IF THE OPPORTUNITY OCCURS AT A MEETING THAT IS,
DURING THE DECISION MAKING PROCESS AND IS WITHIN REASONABLE PROXIMITY IN TIME BEFORE THE MEETING AT WHICH THE BOARD OR COMMISSION TAKES THE OFFICIAL ACTION. 
          THE SUNSHINE LAW DOES NOT PROHIBIT THE BOARD FROM MAINTAINING ORDERLY CONDUCT OR PROPER
DECORUM IN PUBLIC MEETINGS. 
          WITH THIS BOARD, WE DON'T HAVE SUCH A PROBLEM,
BUT IT HAS BEEN RECENTLY THAT THE STATE THROUGHOUT THE STATE OF FLORIDA, WHERE ESPECIALLY NOW IN THE DAY AND AGE OF SOCIAL MEDIA,
WHAT IS MAINLY OCCURRING IN SEVERAL CITIES IS THAT MEMBERS OF THE PUBLIC ARE USING THE PUBLIC COMMENT SECTION, WHICH IS USUALLY COMMENTS THE OPPORTUNITY FOR THE PUBLIC TO
COMMENT ON MATTERS THAT ARE NOT ON THE AGENDA. 
          NOW, THE SUNSHINE LAW PROVIDES THAT THE MEMBERS OF THE PUBLIC ARE GIVEN AN OPPORTUNITY TO
DISCUSS A MATTER THAT IS GOING TO BE UNDER UNDER CONSIDERATION. 
          THEREFORE, THERE IS A QUESTION WHETHER DOES THE PUBLIC HAVE A RIGHT TO SPEAK IN REGARDS TO
PUBLIC COMMENT? IF IT'S A MATTER THAT'S NOT UNDER CONSIDERATION SOME CITIES HAVE TAKEN TO REMOVING PUBLIC
COMMENT ALTOGETHER. 
          SOME HAVE ACTUALLY, WHAT THEY HAVE DONE IS THE PUBLIC COMMENT IS BEING IS USED BY SOME
MEMBERS, IS BEING ABUSED BY SOME MEMBERS BASICALLY TO PUBLICIZE THEIR SOCIAL MEDIA RANT AND RAVE
PAGES. 
          AND THEREFORE WHAT OCCURS IS THAT THE CITY IS,
IN ESSENCE, SUBSIDIZING THEIR MEDIA PRESENCE. 
          THEY'RE USING THE CITY'S MEDIA EQUIPMENT TO ACTUALLY FILM THEIR VIDEOS. 
          SOME CITIES HAVE GONE TO THE EXTREME OF ACTUALLY CUTTING THE PUBLIC VIDEO FEED WHEN IT
COMES TO PUBLIC COMMENT, SO MEMBERS OF THE PUBLIC CAN ACTUALLY COME SPEAK AT PUBLIC COMMENTS. 
          HOWEVER, AT THAT POINT, IF YOU'RE WATCHING AT HOME,
YOU CANNOT WATCH THE FEED. 
          THE AUDIO IS AVAILABLE AS PART OF A PUBLIC RECORD. 
          SO THE CITY DOES KEEP THE THE RECORD AND THE THE WHAT IS DISCUSSED IN THE PUBLIC COMMENT
IS ACTUALLY PART OF THE MINUTES, YET IT DOES NOT GIVE A PLATFORM FOR FOLKS TO EXPLOIT THE PUBLIC COMMENT,
BASICALLY FOR THEIR OWN PUBLICITY AND MEANS. 
          YET, HOWEVER, THE PERSON WHO IS OFFERING THE PUBLIC COMMENT AND SPEAKING TO THE TO THE
COMMISSION OR THE BOARD STILL HAS THEIR SPEECH RIGHTS HONORED BECAUSE THEY ARE GIVEN THE OPPORTUNITY TO REDRESS THEIR GRIEVANCE TO THEIR ELECTED OFFICIALS. 
          NOT SOMETHING THAT'S COMING HERE, BUT I THINK IT'S SOMETHING THAT YOU SHOULD BE AWARE. 
          THIS IS A KIND OF A GROWING TREND RIGHT NOW IN THE IN THE STATE OF FLORIDA. 
          SO THE OPPORTUNITY TO BE HEARD IS SUBJECT TO RULES OR POLICIES ADOPTED BY THE BOARD AS
PROVIDED IN THE SUNSHINE LAW. 
          AND THOSE RULES ARE LIMITED TO THOSE THAT PROVIDE GUIDELINES REGARDING THE AMOUNT OF TIME
AN INDIVIDUAL HAS TO ADDRESS THE BOARD. 
          PRESCRIBED PROCEDURES FOR ALLOWING REPRESENTATIVES OF GROUPS OR FACTIONS ON A PROPOSITION
TO ADDRESS THE BOARD, RATHER THAN ALL MEMBERS OF SUBGROUPS OR FACTIONS. 
          AT MEETINGS IN WHICH A LARGE NUMBER OF INDIVIDUALS WISH TO BE HEARD. PRESCRIBED PROCEDURES
OR FORMS FOR INDIVIDUALS TO USE IN ORDER TO INFORM THE BOARD OF A DESIRE TO BE HEARD TO 
          [02:20:10]
INDICATE THEIR SUPPORT, OPPOSITION OR NEUTRALITY ON A PROPOSITION,
AND TO INDICATE THEIR DESIGNATION OF A REPRESENTATIVE TO SPEAK FOR THEM OR THEIR GROUP ON A PROPOSITION, IF SO, TO CHOOSE OR DESIGNATE A SPECIFIED PERIOD OF TIME FOR PUBLIC
COMMENT. 
          NOW YOUR OBLIGATIONS WHEN IT COMES TO VOTING,
A MEMBER OF A BOARD WHO IS PRESENT AT A MEETING IS PROHIBITED FROM ABSTAINING FROM VOTING, EXCEPT AS AUTHORIZED BY STATUTE. LEGAL REASONS FOR ABSTAINING ARE AN ACTUAL OR THE
APPEARANCE OF A POSSIBLE CONFLICT OF INTEREST, WHICH WOULD INURE TO THE BOARD MEMBERS SPECIAL PRIVATE GAIN OR LOSS,
WHICH THEY KNOW WOULD INURE TO THE SPECIAL PRIVATE GAIN OR LOSS OF ANY PRINCIPAL BY WHOM THEY ARE RETAINED, OR TO THE PARENT ORGANIZATION OR SUBSIDIARY OF A CORPORATE PRINCIPLE BY
WHICH THEY ARE RETAINED OTHER THAN THE PUBLIC AGENCY AS DEFINED, OR WHICH THEY KNOW WOULD INURE TO THE SPECIAL PRIVATE GAIN OR LOSS OF A RELATIVE OR
BUSINESS ASSOCIATE OF THE PRIVATE, OF THE PUBLIC OFFICER. THAT IS THE ONLY BASIS UPON WHICH A MEMBER OF A BOARD CAN ABSTAIN
FROM VOTING. 
          AND WHEN YOU ELECT TO ABSTAIN, YOU ACTUALLY HAVE TO FILL OUT THE FORM THAT THE COMMISSION
ON ETHICS PROVIDES. 
          YOU CANNOT ABSTAIN FOR POLITICAL PURPOSES IN ORDER TO AVOID BEING TIED DOWN TO A POSITION
WHERE, IF YOU'RE RUNNING FOR OFFICE THERE HAS TO BE A,
A TRUE EITHER CONFLICT OF INTEREST OR APPEARANCE OF A CONFLICT OF INTEREST. 
          AND SUCH CONFLICT MAY RESULT IN A PRIVATE GAIN TO THAT INDIVIDUAL IN ORDER FOR THERE TO BE
A VALID ABSTENTION FROM VOTING UNDER THE LAW. 
          SO THESE ARE THE REMEDIES AND PENALTIES FOR VIOLATIONS OF THE SUNSHINE LAW. 
          SO THERE IS A CRIMINAL PENALTY. PENALTY. AND KNOWING VIOLATION OF THE SUNSHINE LAW IS A
MISDEMEANOR OF THE SECOND DEGREE. 
          AND CONVICTION MAY RESULT IN A TERM OF IMPRISONMENT NOT TO EXCEED 60 DAYS OR A FINE OF UP
TO $500. 
          THERE IS ALSO A REMOVAL FROM OFFICE. IF CONVICTED,
AN OFFICER CAN BE REMOVED FROM OFFICE BY EXECUTIVE ORDER OF THE GOVERNOR. 
          AN OFFICER WHO PLEADS NOLO CONTENDERE IS DEEMED TO HAVE BEEN CONVICTED. 
          THERE ARE ALSO NON-CRIMINAL INFRACTIONS. A PUBLIC OFFICER FOUND GUILTY VIOLATING THE
SUNSHINE LAW IS GUILTY OF A NON-CRIMINAL INFRACTION PUNISHABLE BY A FINE NOT EXCEEDING $500, AND OF COURSE, REASONABLE ATTORNEY'S FEES WILL BE ASSESSED AGAINST A BOARD FOUND TO
HAVE VIOLATED THE SUNSHINE LAW. 
          TIED TO SUNSHINE LAW WON'T REALLY AFFECT, BUT IT MAY AFFECT YOU AS AS WELL AS IS CHAPTER
119, WHICH IS FLORIDA'S PUBLIC RECORDS LAW. AND THAT IS THAT A LOT? ANY OF THE NOTATIONS OR ANY TYPES OF COMMUNICATIONS OR CORRESPONDENCE THAT YOU DO TAKE ARE
SUBJECT TO PUBLIC RECORDS? THEREFORE ANY OF YOUR ELECTRONIC COMMUNICATIONS,
IF YOU HAVE THEM? I DON'T KNOW YOU. I CAN'T REMEMBER IF YOU GUYS ARE ISSUED CITY EMAIL ADDRESSES FOR FOR
COMMUNICATIONS. 
          IF THERE ARE OPPORTUNITIES, OPPORTUNITIES WHERE MEMBERS OF THE PUBLIC TRY TO COMMUNICATE
YOU VIA EMAIL. 
          FOR A MATTER I WOULD STRONGLY ADVISE TO PLEASE SAVE THE EMAIL CONTACT BOTH THE CITY CLERK
OR OR MY OFFICE IN ORDER FOR THAT EMAIL TO BE RETAINED BY THE CLERK,
BECAUSE THAT THAT BECOMES CORRESPONDENCE AND THAT DOES BECOME A PUBLIC RECORD THAT HAS TO BE RETAINED. BECAUSE THEN IT IS SUBJECT FOR TO,
FOR INSPECTION. 
          SO THEN AND ALONG THOSE LINES, PLEASE DO NOT COMMUNICATE WITH EACH OTHER. 
          IF YOU HAVE A QUESTION USUALLY JUST JUST JUST DON'T. 
          ANY QUESTIONS ARE TO BE ADDRESSED AT THIS BOARD AT A PUBLIC MEETING. 
          OPEN THE SUNSHINE FOR THE MEMBERS OF THE PUBLIC TO BE ABLE TO BE PART OF THAT
COMMUNICATION, BE PART OF THAT EXCHANGE. SO IF YOU HAVE ANY QUESTIONS,
I'M HERE TO ANSWER THEM. 
          YEAH A QUICK QUESTION. SO JUST TO CLARIFY, PERSONAL TEXT MESSAGING BETWEEN,
YOU KNOW, IF I WERE TO TEXT SOMEONE ON THE BOARD PERSONALLY, NOT OUTSIDE OF NOTHING OFFICIAL, THAT'S NOT AN ISSUE. 
          IT'S NOT. BUT IT IS SUBJECT TO HERE'S IN THEORY YET TEXT OF A PERSONAL NATURE BETWEEN YOU AND ANOTHER MEMBER OF THE BOARD. THEY DON'T FALL UNDER COMMUNICATIONS THAT
WOULD FALL UNDER SUNSHINE. 
          HOWEVER, REAL WORLD IMPLICATIONS. THIS HAPPENED IN THE CITY OF SUNNY ISLES BEACH. 
          ONE COMMISSIONER WAS TEXTING HER HUSBAND DURING A COMMISSION MEETING. 
          A MEMBER OF THE PUBLIC SAW THE TEXT IMMEDIATELY DEMANDED. 
          I WANT TO SEE THE COMMISSIONER'S TEXT MESSAGES. 
          NOW YOUR TEXTS BECOME A PUBLIC RECORD, ESPECIALLY IF IT'S BECOMING SO. 
          THE QUESTION THEN BECOMES JUST BECAUSE IT'S ON A PUBLIC TIME,
THAT DOESN'T NECESSARILY MEAN IT'S A PUBLIC RECORD. 
          SO THE SUPREME COURT HAS DECIDED PUBLIC EMPLOYEES,
IF I SEND AN EMAIL TO MY WIFE USING THE CITY'S EMAIL ADDRESS, 
          [02:25:02]
WHICH I DON'T, BUT YOU NEVER KNOW, YOU KNOW,
HEY, I'M GOING TO BE LATE FOR FOR DINNER TONIGHT. 
          THAT'S A PERSONAL EMAIL THAT'S ACTUALLY NOT SUBJECT TO PUBLIC RECORDS INSPECTION,
BECAUSE IT'S NOT A PUBLIC RECORD, BECAUSE IT'S NOT FURTHERING THE PUBLIC BUSINESS. 
          HOWEVER, THAT'S FOR A COURT TO DECIDE. SO IN THE CASE OF,
OF OF SUNNY ISLES. 
          SO THIS COMMISSIONER TEXTED HIS HER HUSBAND TWO TEXTS. 
          ONE TEXT INVOLVED CITY BUSINESS THAT BECAME A PUBLIC RECORD. 
          THE OTHER TEXT WAS THE ACTUALLY THE OTHER TEXT WAS,
OH, MY GOD, THIS OTHER COMMISSIONER IS REALLY A BITCH. 
          IT HAS ACTUALLY BECOME A PUBLIC RECORD. BUT WHAT YOU DON'T WANT IS YOU DON'T WANT TO BE
HAULED INTO COURT AND HAVE A JUDGE GO THROUGH YOUR YOUR TEXTS, BECAUSE THE COURT WILL THEN INSPECT ALL OF YOUR TEXT MESSAGES. 
          JUST DON'T DO IT. AND THAT APPLIES THE SAME THING. 
          LIKE IF I WERE TO HAVE AN EXCHANGE WITH A CITY COUNCILMAN,
EVEN THOUGH THERE'S SEPARATE BOARDS, OR IF YOU'RE DOING IT, IF IT'S BECAUSE WE'RE ON CAMERAS,
IF BECAUSE NOWADAYS YOU HAVE SOMETHING THAT COULD BE SO CONTENTIOUS, IF SOMEONE IS WATCHING A COMMISSIONER OR A BOARD MEMBER ON THEIR PHONE
TEXTING, YOU'RE GOING TO BE SUBJECT TO A PUBLIC RECORDS REQUEST AND AN INSPECTION OF YOUR PHONE. 
          AND AT THAT POINT, THEN IT'S GOING TO COME DOWN TO,
I MEAN, I'VE HAD TO DO THIS WITH ELECTED OFFICIALS WHEN I'VE HAD FOLKS DEMAND THEY WANT TO SEE PRIOR VIDEOS THAT THEY DEMANDED TO SEE THE MAYOR'S TEXT MESSAGES. 
          WELL, YOU KNOW, THEN IT BECOMES OUR DETERMINATION,
WHETHER THEY'RE PRIVATE OR PUBLIC, IF THEY'RE GOING TO PUSH IT, IT'S GOING TO GET HAULED INTO COURT. AND THEN IT'S FOR THE JUDGE TO DECIDE WHETHER THOSE
TEXT MESSAGES, THAT CORRESPONDENCE CONSTITUTES A PUBLIC RECORD AND PUBLIC BUSINESS OR PERSONAL. 
          AND THAT'S JUST A HEADACHE YOU DON'T WANT. SURE. 
          SO JUST AVOID ALL APPEARANCE OF IMPROPRIETY. THAT'S THE MOST. 
          JUST AVOID THE APPEARANCE OF IMPROPRIETY. AND THEN ONE THING I'VE ALWAYS BEEN JUST CURIOUS
ON AS A CITIZEN IS LIKE, LET'S SAY I POST ON MY FACEBOOK PAGE OR POLITICAL PAGE,
WHATEVER, AND I SAY ASK THE PUBLIC FOR THEIR OPINION ON SOME SORT OF UPCOMING AGENDA ITEM. IS THAT ALLOWED? SO AS LONG AS I'M NOT IN THE COMMENT SECTION JUST TO GET
FEEDBACK OR. 
          SO HERE'S THE DANGEROUS THING ON THAT ASPECT. 
          SO ON THEIR CITY OF PALM BAY DOES NOT HAVE THIS POLICY. 
          AND WE'VE BEEN GOING OVER THIS. SO IF YOU HOLD OUT TO YOUR IF YOU HOLD OUT YOURSELF ON A
SOCIAL MEDIA PAGE AS A PUBLIC OFFICIAL, THEN AND YOU'RE DISCUSSING PUBLIC BUSINESS, THEN YOU HAVE CREATED A LIMITED PUBLIC FORUM IN WHICH THOSE MEMBERS HAVE FIRST AMENDMENT RIGHTS TO ANSWER,
WHICH MEANS A YOU HAVE TO ALLOW THEM TO POST. 
          IF SOMEONE POSTS SOMETHING OFFENSIVE, YOU CANNOT DELETE THE POST BECAUSE THEN IT'S ONE. 
          YOU MAY VIOLATE THEIR FIRST AMENDMENT RIGHTS,
AND SECONDLY, NOW YOU MAY ACTUALLY TRIGGER A VIOLATION OF THE PUBLIC RECORDS LAW BY DESTROYING A PUBLIC RECORD. SO THERE'S A FINE LINE OF JUST SEPARATING A PERSONAL PAGE AND
NOT DISCUSSING ANY BUSINESS ON A PERSONAL PAGE. AND THEN WHAT IS CLEARLY A BUSINESS PAGE. 
          WHAT SOME CITIES DONE PALM BAY DOES NOT. MY PRIOR CITY WE ACTUALLY CREATED THE CITY
ACTUALLY RAN THE ELECTED OFFICIALS SOCIAL MEDIA PAGES. 
          AND THE REASON WHY THE CITY DID THIS IS THAT THE SERVERS WERE ACTUALLY ON CITY COMPUTERS. 
          SO THE CITY ACTUALLY ARCHIVED ALL OF THE MESSAGES. 
          SO WHEN AN ELECTED OFFICIAL BECAME A MEMBER OF THE CITY,
THEIR FACEBOOK PAGE WAS ACTUALLY, YOU KNOW, CITY COMMISSIONER SEAT FIVE. AND THEN THE CITY CONTROLLED THE PAGE. 
          THEY HAD SOME EDITORIAL, BUT THE CITY CONTROLLED THE PAGE. 
          THEREFORE, THEY HAD NO CONTROL OVER WHAT WHAT COULD COULD BE PLACED ON OR OFF. 
          AND WE, WE WE HAD A SIMILAR CONTROVERSY ALREADY IN THIS CITY WITH COMMENTS THAT WERE
POSTED ON, ON SOCIAL MEDIA. FROM ONE OF OUR ELECTED OFFICIALS. 
          SO THAT'S WHY I REALLY CAUTION YOUR APPEARANCE ON SOCIAL MEDIA AND YOUR PARTICIPATION TO
REALLY LIMIT ANY TYPE OF PUBLIC DISCOURSE. 
          BECAUSE IF YOU STATE, YOU KNOW, I'M A MEMBER OF THE PUBLIC OF THE PLANNING AND ZONING
BOARD, I'M SOLICITING COMMENTS. NOW, IT'S A PUBLIC RECORD. 
          AND NOW YOU'RE GONNA HAVE TO NOTIFY US BECAUSE WE'RE GOING TO HAVE TO BASICALLY TAKE THAT
POST. 
          IF YOU HAVE IT ON FACEBOOK, WE HAVE TO FIND A WAY AS A CITY,
AND THE CLERK'S OFFICE IS GOING TO HAVE TO ARCHIVE THAT POST, BECAUSE NOW THAT BECOMES A PUBLIC RECORD SIMILAR TO IT BEING ON THE CITY'S WEBSITE TO BE
ARCHIVED AND BE STORED PURSUANT TO THE RECORDS RETENTION GUIDELINES THAT THE FLORIDA STATUTES AND THE FLORIDA ADMINISTRATIVE CODE HAS FOR PUBLIC
RECORDS. 
          THANK YOU. AND JUST FOR THE RECORD MISS POWELL DOES SEND OUT,
YOU KNOW, BEFOREHAND, YOU KNOW, WHETHER OR NOT WE'RE GOING TO BE PRESENT AT THE MEETING. 
          AND, YOU KNOW, WE RESPOND TO HER, NOT TO EACH OTHER. 
          [02:30:01]
WE JUST RESPOND TO HER THAT WE'RE GOING TO BE HERE OR NOT. IT HELPS US UNDERSTAND IF WE'RE
GOING TO HAVE A QUORUM. ALL RIGHT. 
          OTHER THAN THAT, WE DISCUSS THINGS HERE. SO WITH THAT MISS FRAZIER,
I'LL BE LOOKING FOR THE SCHEDULING OF THAT WORKSHOP MEETING TO BE PUBLICIZED. I WILL BE THERE. LOOK FORWARD TO THE REST OF THE BOARD BEING
THERE. 
          I THINK MR. FILIBERTO WAS ABLE TO HEAR ABOUT THAT BEFORE HE LEFT. 
          WITH NO OTHER AGENDA ITEMS FOR US TO DISCUSS. 
          I WILL ADJOURN OUR MEETING. THANK YOU VERY MUCH,
LADIES AND GENTLEMEN.
* This transcript was compiled from uncorrected Closed Captioning.