I BRING EVERYBODY DOWN HERE, OKAY. ALL RIGHT, FOLKS, WE'RE GOING TO GO AHEAD AND GET STARTED.
[CALL TO ORDER:]
[00:00:06]
AND I'M GOING TO CALL THE PLANNING AND ZONING BOARD REGULAR MEETING OF JULY 2ND TO ORDER.JUST MADE SURE I DID THAT MYSELF. WE'RE GOING TO BEGIN THE PLEDGE OF ALLEGIANCE.
WOULD YOU LIKE TO LEAVE US? ALL RIGHT.
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. ALL RIGHT. MISS POWELL, WILL YOU PLEASE CALL THE ROLL? YES. MR. KARAFFA PRESENT. MR. WARNER PRESENT.
MR.. FILIBERTO HERE. MR. HIGGINS, I HAVE NOT HEARD FROM.
MISS JORDAN HAS ASKED TO BE EXCUSED. MR. MCNALLY HERE.
MR. NORRIS HERE. AND OUR SCHOOL BOARD POSITION IS STILL VACANT.
AND OUR CHIEF DEPUTY CITY ATTORNEY MICHAEL RODRIGUEZ, IS PRESENT.
WE DO HAVE A QUORUM. OKAY. THANK YOU. SANDRA, I'M GOING TO ADMIT TO YOU I FORGOT TO BRING A PEN.
YOU HAD A PEN OR PENCIL DOWN THERE? ALL RIGHT.
THANKS. ALL RIGHT. IN YOUR PACKETS. GENTLEMEN, YOU SHOULD HAVE RECEIVED THE
[ADOPTION OF MINUTES:]
ADOPTION OF MINUTES. DO I HAVE A MOTION TO ACCEPT THE MINUTES FROM OUR PREVIOUS MEETING? AS STATED. SO MOVED. SECOND.I'M SORRY. THAT WAS OKAY. I'M SORRY. I'M YOUR LAST NAME.
I. I. ALL OPPOSED? HEARING NONE. PASSES. THANK YOU.
ALL RIGHT. FOR THE BENEFIT OF THE APPLICANTS AND THE AUDIENCE.
[ANNOUNCEMENTS:]
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 CAT.
EACH CASE BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR 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 COMMENTS.
AS A COURTESY, I ASK. THAT IS, 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.
THANK YOU FOR YOUR ATTENDANCE AND FOR YOUR COOPERATION IN ADHERING TO THE MEETING MINUTES.
ALL RIGHT. OUR FIRST ITEM OF BUSINESS IS ACTUALLY OLD BUSINESS FROM OUR PREVIOUS MEETING.
[OLD/UNFINISHED BUSINESS:]
AND UNFORTUNATELY, WE'LL ALSO NEED TO BE CONTINUED UNTIL OUR NEXT MEETING.AS THE LOTUS GROUP HAS ASKED THAT THESE BE THEIR TWO ITEMS. BE CONTINUED. OUR NEXT BOARD MEETING IS AUGUST THE 6TH.
SO IF I CAN DO. I NEED TO HEAR FROM THE APPLICANT.
NO. SO I WILL ENTERTAIN A MOTION FROM THE BOARD IF THEY WOULD LIKE TO MAKE IT TO CONTINUE.
OH. MR. CHAIR, IF I MAY. I'M GOING TO RAISE THE QUESTION AS TO.
I KNOW WE'VE HAD THIS IN THE PAST WITH CONTINUANCES.
I THINK WE JUST WE HAVE MADE A DECISION BEFORE THAT UP TO AT LEAST THREE BEFORE WOULD HAVE TO BE
[00:05:03]
RESUBMITTED FROM PROBABLY IF I REMEMBER THAT.CONTINUE TO BE CORRECT. SANDRA. WOULD YOU LIKE TO HEAR FROM STAFF? WE CAN HAVE STAFF. YEAH, WE CAN ASK, WOULD STAFF LIKE TO SPEAK TO HOW WE HANDLE WHEN WE HAVE REPEATED CONTINUANCES? AND I DO RECALL SOMETIME LAST SUMMER WHERE THERE WAS TWO CASES THAT CONTINUED TWO MEETINGS IN A ROW. AND THE BOARD. I BELIEVE, HAD SUGGESTED THAT THEY WOULD COME UP WITH A RULE.
I DON'T RECALL THAT IT WAS ACTUALLY ADOPTED INTO YOUR BYLAWS.
OKAY. THAT'S NOT CORRECT. THANK YOU. IS THERE IS IS IT FOR THE SAME REASON AS LAST MEETING AS WHY THEY'RE LOOKING FOR A SECOND CONTINUANCE. I THINK WHAT WE NEED TO DO IS HAVE A FIRST AND A SECOND IN ORDER FOR US TO HAVE A CONVERSATION ABOUT IT. WE CAN VOTE DOWN IF WE WOULD LIKE.
IS THERE A MOTION TO CONSIDER THE CONTINUANCE? A MOTION TO CONSIDER THE CONTINUANCE. JUST TO OPEN DISCUSSION.
OKAY. AND I'LL SECOND FOR DISCUSSION. THANKS, MR. PHILIP. OKAY. EXCELLENT. I THINK THAT'S A PERTINENT QUESTION.
GO AHEAD. GO AHEAD. YES. THE REASON FOR THE REASON FOR THE CONTINUANCE IS BECAUSE THE APPLICANT RESUBMITTED THEIR PHASING PLAN, WHICH UPDATED THEIR TRAFFIC STUDY, WHICH IS CURRENTLY BEING UNDER REVIEWED RIGHT NOW WITH OUR CITY AND WITH THE COUNTY TO MAKE SURE IT'S IN ACCORDANCE TO OUR CODE AND OUR COMPREHENSIVE PLAN AND THAT IT CAN MOVE FORWARD.
AND THAT'S A REQUIREMENT THROUGH OUR ILA. HAVE THEY? DO YOU MIND IF I CONTINUE TO ASK? OKAY. HAVE THEY FINISHED THE WORK FROM THE FIRST SET OF THE FIRST THING THAT CAUSED THE CONTINUANCE, OR IS THIS. OKAY, SO THE FIRST THING'S BEEN RESOLVED, BUT NOW THERE'S A NEW THING.
CORRECT. OKAY. DO WE KNOW IF THIS IS GOING TO DO IT? THIS IS THE LAST TIME I'VE TALKED TO THE DEVELOPER, AND HE LET ME KNOW THE REASONS.
AND IT'S CLEAR WHY IT NEEDS TO BE REDONE WITH THE PHASING.
IS THERE A EXPECTED COMPLETION DATE OF THE TRAFFIC STUDY? IS THERE A CERTAIN TIMELINE? IT NEEDS TO BE DONE BEFORE IT CAN BE SPOKEN ON NEXT VIDEO? WELL, SINCE THEY UPDATED THEIR PHASING, THEY HAD TO TWEAK THEIR TRAFFIC STUDY AND THEY DIDN'T HAVE TO RECALL IT.
IT WAS CERTAIN AREAS THAT THEY HAD TO UPDATE.
AND OUR CONSULTANT FINISHED THEIR REVIEW TODAY. I'M JUST WAITING TO HEAR BACK FROM THE COUNTY TO COMPILE AN UPDATED STAFF REPORT FOR YOU ALL, AND THE SCHOOL THAT WAS COMPLETED THE FIRST TIME, RIGHT AFTER THE FIRST CONTINUANCE THAT WAS PROVIDED, THE FINAL CONCURRENCY EVALUATION WAS PROVIDED.
AND PER OUR INTERLOCAL AGREEMENT WITH THE SCHOOL, THE APPLICANT, THE DEVELOPER, HAS TO ENTER INTO MITIGATION NEGOTIATIONS WITH THEM. AND THAT'S NOT UP TO US. THAT'S UP WITH THE APPLICANT AND THE SCHOOL DISTRICT, AND THEY'RE WORKING ON THAT RIGHT NOW.
IT DOESN'T NECESSARILY MEAN THERE NEEDS TO BE A SCHOOL SITE ON THEIR PROPERTY.
MR. CHAIR. YES. I, I SEE THIS KIND OF OUT OF THE APPLICANTS HANDS, SO I.
I'D BE OKAY TO EXCUSE THIS. ESPECIALLY, YOU KNOW, THEY'RE KIND OF RUNNING THE RED TAPE, WHICH IS A GOOD THING FOR, FOR THIS DEVELOPMENT PROCESS. SO I'D BE COMPLETELY FINE WITH THE CONTINUANCE JUST TO SHARE MY THOUGHTS WITH THE BOARD.
OKAY. IS IT? MAYBE THIS IS A QUESTION FOR FOR YOU.
IS IT SOMETHING WHERE THAT I CAN AMEND MY MOTION AND ESSENTIALLY APPROVE THE CONTINUATION? BUT IF IT IS NOT READY FOR REVIEW, NEXT MEETING, THAT WE COULD ESSENTIALLY FORCE A RESUBMISSION OR IS THAT NOT POSSIBLE? NO. BECAUSE. NO. MAINLY BECAUSE WE'RE NOT YOU'RE NOT YOU'RE NOT MAKING A MOTION MAKING OR HAVING ANY TAKING ANY ACTION ON THE MATTER.
OKAY. SO IT'S JUST BEST THAT YOU'RE JUST SIMPLY LOOKING, SEEKING TO CONTINUE YOUR TABLE.
[00:10:01]
HERE, WE PROCEED FORWARD, OR THEN AT THAT POINT YOU CAN TAKE ACTION TO JUST SIMPLY NOW DENY THE APPLICATION AS SOMETHING THAT MOVING FORWARD.OKAY. YEAH. SOMEONE CAN MAKE A FRIENDLY AMENDMENT TO THE MOTION.
OKAY. A FRIENDLY AMENDMENT. OKAY.
SO WE'VE HEARD DISCUSSION. ANY MORE DISCUSSION BEFORE WE VOTE TO CONTINUE THIS TO THE AUGUST 6TH MEETING? YEAH. LAST QUESTION FOR STAFF. ARE WE PRETTY CONFIDENT THAT THE AUGUST 6TH MEETING THIS WILL BE HEARD? YES. OKAY. ARE WE GOING TO ADVERTISE IT AGAIN.
LIKE IS THERE GOING TO BE DOLLARS INVOLVED WITH ADVERTISING AND AGAIN, NO, WE DON'T KNOW.
THEY THEY JUST HAVE TO PUT A STICKER ON THEIR SIGN.
ON THEIR PUBLIC NOTICE SIGN CHANGING THE DATE AND THE MAIL ADVERTISING.
SO BECAUSE IT'S OUR WE'RE WE'RE ACTUALLY UNDER THE ORIGINAL ADVERTISEMENT.
YEAH. OKAY. SO NO MAILERS, NO MAIL. THE ORIGINAL MAILERS WILL STILL APPLY.
OKAY. THANK YOU. OKAY. SEEING MORE COMMENTS FROM THE BOARD.
READY TO VOTE. ALL THOSE IN FAVOR OF POSTPONING PD 23-0010 TO OUR AUGUST THE 6TH MEETING INDICATE BY SAYING I, I OPPOSE. OKAY SIMILARLY FOR FD 2300014. DO I HEAR A MOTION TO CONTINUE THAT UNTIL OUR AUGUST THE 6TH MEETING AS WELL? I'LL MOTION TO CONTINUE AND I'LL SECOND. HOLD THEIR TOES FOR A SECOND, AND I'M SORRY.
NORRIS. NORRIS. ANY DISCUSSION ON THIS MATTER? HEARING NONE. GO AHEAD AND ASK FOR A VOTE. ALL OF THOSE IN FAVOR INDICATE BY SAYING YES.
I'M SORRY. ALL OF THOSE OPPOSED? HEARING NONE.
MOTION PASSES UNANIMOUSLY. ALL RIGHT. MOVING ON TO NEW BUSINESS.
[NEW BUSINESS:]
WE HAVE ITEM NUMBER T25. DASH 00005. ADMINISTRATIVE PLAT AND REPORT PROCESS.WE WILL HEAR FROM STAFF. GOOD EVENING, MR. CHAIR AND BOARD MEMBERS.
TODAY WE'RE BRINGING THIS PARTICULAR CODE AMENDMENT TO YOU.
AND IT'S BEING INITIATED BY STAFF IN ORDER TO BRING THE CITY INTO COMPLIANCE WITH THE RECENTLY APPROVED SENATE BILL 784, WHICH BECAME EFFECTIVE JULY 1ST, 2025. IN TERMS OF THE PROCESS FOR A TEXT AMENDMENT.
THIS DID NOT REQUIRE A CITIZEN PARTICIPATION MEETING.
IT DID REQUIRE ADVERTISING, WHICH WAS DONE AS REQUIRED BY THE CODE OF ORDINANCES.
AND WE NEED YOUR ACTION TONIGHT BECAUSE PURSUANT TO SECTION 172022, THE PLANNING AND ZONING BOARD REVIEWS PROPOSED TEXT AMENDMENTS AT A PUBLIC HEARING. IN SUMMATION, THE THE BILL MADE ABOUT FIVE DISTINCT CHANGES, ONE BEING THAT THE WE HAD TO DESIGNATE AN ADMINISTRATIVE AUTHORITY TO APPROVE PLANS.
WE ALSO HAD TO ADD CHANGES, AND THE BILL REQUIRES THAT WE DETERMINE WRITTEN NOTICE TO THE APPLICANT FROM THE AUTHORITY WHO IS REVIEWING THE APPLICATION, STATING WITHIN TEN DAYS WHETHER OR NOT IT'S COMPLETE AND IF COMPLETE.
BE IT THE CASE THAT NOTICE IS ALSO REQUIRED IF THE PLAT OR PLAT IS DENIED.
THERE'S ALSO A PROHIBITION ON WHETHER OR NOT THAT AUTHORITATIVE FIGURE OR ADMINISTRATIVE AUTHORITY CAN REQUEST AN APPLICANT TO ASK FOR AN EXTENSION. IT PROHIBITS ANY REPRESENTATIVE OF THE CITY FROM REQUESTING THAT FROM AN APPLICANT, AND IT ALSO PUTS SOME TIMELINES ON THE ISSUANCE OF INFORMATION NATION FROM THE CITY AND OR COUNTY TO THE APPLICANT.
SO WE ENDED UP WITH SEVERAL SECTIONS OF THE CODE OF ORDINANCES TO ACCOMMODATE THIS NEW LAW.
[00:15:07]
AND PRIMARILY IN CHAPTER 172, WE HAVE THE FACT THAT WE'RE REMOVING THE PUBLIC HEARING.SO ANY REFERENCES, AS YOU SAW IN THE LANGUAGE, PROPOSED LANGUAGE, WE HAD TO REMOVE ANY LANGUAGE WITH REGARD TO THE CITY COUNCIL MAKING ANY DECISIONS. WE HAD TO ESTABLISH THAT THE WELL, WE HAD TO DESIGNATE AN ADMINISTRATIVE APPROVER, AND THAT IS NOW THE CITY SURVEYOR, WHICH YOU SHOULD HAVE SEEN IN THE PROPOSED LANGUAGE.
NO PUBLIC HEARINGS REQUIRED. THIS IS AN ADMINISTRATIVE PROCESS AND STRICTLY ADMINISTRATIVE APPROVAL.
AND THAT'S REGARDING PLANTS AND PLANTS. AND WE ALSO.
OH WELL, WE DID ADD LANGUAGE IN FOR MAINTENANCE AND BONDS UNDER THAT SECTION.
LOOKS LIKE SOME OF MY OKAY, WHERE WE'RE REQUIRING THAT THE PLANT NOT BE RECORDED OR SIGNED BY THE SURVEYOR EVEN THOUGH IT'S BEEN ADMINISTRATIVELY APPROVED.
UNTIL WE'VE APPROVED ANY BONDS, I MEAN PUBLIC IMPROVEMENTS THAT BONDS WERE ISSUED FOR.
SO WE HAVE TO MAKE SURE THAT ANY DRAINAGE STREETS, THINGS LIKE THAT, THAT WERE DONE AS PART OF THE PRELIMINARY PLAT APPROVAL ARE COMPLETED AND APPROVED BY THE CITY, THE CITY ENGINEER.
THAT'S PRETTY MUCH THE THE GIST OF THE CHANGES.
WE DON'T REALLY HAVE MUCH CHOICE IN PROPOSING THIS.
WE HAVE BEEN STRIPPED OF OUR RIGHT TO SAY IT'S NOT ADMINISTRATIVE.
SO WE'RE DOING THIS TO COMPLY WITH THE FLORIDA LAW.
OKAY. SHORT OF THIS, IS TALLAHASSEE DICTATING TO THE LOCAL GOVERNMENTS WHAT THEY MUST DO.
GOT IT. THIS HAS TO BE A PUBLIC HEARING. YES.
OKAY. IS THAT IT? THAT'S THE END OF MY PRESENTATION.
OKAY, GREAT. WITH THAT, I'M GOING TO OPEN UP THE PUBLIC HEARING.
BUT ANY MEMBER OF THE PUBLIC CITIZEN OF THE PUBLIC, LIKE, COME FORWARD AND SPEAK ON THIS ITEM.
FEEL FREE TO DO SO. YEAH. GO AHEAD. GO.
BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.
I'VE GOT A COUPLE OF QUESTIONS REGARDING THIS ONE.
FIRST ONE IS. WHO IS OUR CURRENT CITY SURVEYOR? WE HAVE A FEW SURVEYORS ON STAFF, BUT THE MOST SENIOR IS MR. JOSEPH HALE. OKAY. AND I'VE BEEN WITH THE CITY LONG IN THE CITY LONG ENOUGH TO KNOW THAT WE HAVE A HARD TIME KEEPING THE SURVEYORS.
SO YOU SEE MY DILEMMA. IF THIS PERSON HAS ADMINISTRATIVE AUTHORITY FOR APPROVAL AND WE HAVE A SHORT, WE HAVE A CONSTANT TURNOVER ON OUR SURVEYORS.
YOU CAN SEE A DILEMMA WHEN IT'S STRICTLY ADMINISTRATIVE BY ONE PERSON.
IS THERE ANY POSSIBILITY OF DESIGNATING FOR A AUXILIARY SIGNATURE FROM THE CITY SURVEYOR.
THAT'S THE FIRST QUESTION. THE SECOND QUESTION WAS.
ON PRELIMINARY PLATS FOR SUBDIVISIONS IT WILL NOT REQUIRE.
PLANNING AND ZONING. AND IT WILL NOT REQUIRE A CITY COUNCIL.
WELL, ME BEING THE TYPE OF PERSON I AM, IF IT'S ADMINISTRATIVE, WHY DO WE NEED A PLANNING AND ZONING BOARD? AND WHY DO WE NEED A CITY COUNCIL? JUST THAT'S TONGUE IN CHEEK.
DO WITH WHAT YOU LIKE. THE PRIMARY SCARY PORTION FOR ME, THOUGH, IS THE FACT THAT ALL NOTIFICATIONS WITHIN 500FT, THE RESIDENTS OF THESE CHANGES WILL NO LONGER BE NOTIFIED OF THE CHANGES COMING TO THEM.
SO HOW IS THE RESIDENT WITHIN THE CITY SUPPOSED TO KNOW WHAT'S HAPPENING IN THEIR NEIGHBORHOOD THAT THEY'RE PAYING TAXES FOR? WHAT IS THE MECHANISM FOR THE CITY TO INFORM THE RESIDENTS OF WHAT'S GOING ON AROUND THEM? I HAVE A SOLUTION. TAKE IT AND DO WHAT YOU WANT.
BUT YOU MIGHT HAVE THE ABILITY TO PASS IT FORWARD TO THE CITY COUNCIL.
WE'RE LOOKING AT THIS ONE, AND WE HAVE. WELL, IT'S FOR YOUR SUBDIVISIONS HAVE A PRELIMINARY PLAT.
[00:20:03]
WELL, THERE'S NO LONGER ANY REQUIREMENT. IT'S ADMINISTRATIVE.WELL, WHY DON'T WE HAVE A PUBLIC PRE PRELIMINARY PLAT? WE JUST CHANGED THE NAME OF IT. IT'S SOMETHING FROM WITHIN THE CITY.
THEY STILL HAVE TO FOLLOW THESE GUIDELINES THAT WE CURRENTLY HAVE.
BUT IT'S NOT FOR THEIR PRELIMINARY PLAT. IT'S FOR THEIR PRE PRELIMINARY PLAT.
I KNOW THAT'S PROBABLY A HARD REQUEST, BUT IT'S SOMETHING YOU MIGHT HAVE THE ABILITY TO LOOK AT BECAUSE I CAN SEE ALL KINDS OF PROBLEMS COMING WITH THIS WHEN PEOPLE ARE GOING TO SAY, I KNEW NOTHING ABOUT THIS WHEN A WHOLE DEVELOPMENT COMES IN AROUND THEM.
THANK YOU. THANK YOU. BILL. ANYBODY ELSE PLEASE COME FORWARD.
PAT ALPER FOR TEN GEORGES AVENUE, NORTHEAST PALM BAY.
I STAND IN AGREEMENT WITH BILL. BUT HERE'S THE BIGGER QUESTION.
YOU HAVE EVERY CITY COUNTY IN THE FLORIDA THAT HAS TO DO THIS.
IS THERE A WAY THAT WE CAN COUNTERACT THIS LAW? BECAUSE IT LOOKS LIKE IT ONLY WENT THROUGH THE HOUSE AND IT DIDN'T GET SUPPORTED BY THE SENATE, BECAUSE BASICALLY WHAT THEY'RE TELLING US IS THAT WE HAVE NO SAY SO.
SO IS THERE A METHOD? THANK YOU MA'AM. ANY OTHER MEMBERS OF THE PUBLIC THAT ADDRESS THE ISSUES OF THE BOARD AS WELL TO THE PUBLIC? I MEAN, TO ANSWER THE LAST QUESTION FIRST YOU MIGHT WANT TO TAKE THAT UP WITH YOUR STATE LEGISLATOR.
I MEAN, THIS IS PROBABLY ITEM NUMBER 100 DOWN THE LINE OF THE FLORIDA LEGISLATURE ERODING AND STRIPPING AWAY LOCAL GOVERNMENT AND HOME RULE. THIS ISN'T THE FIRST ONE. THEY'VE BEEN DOING THIS FOR TEN YEARS.
SO EITHER TAKE IT UP WITH YOUR LEGISLATURE OR VOTE FOR OTHER PEOPLE.
THAT THAT'S I MEAN, I. I REPRESENT THE CITY AND I DON'T.
THIS IS REALLY A NONPARTISAN, BUT I'M A ZEALOUS, ZEALOUS ADVOCATE FOR LOCAL GOVERNMENT.
ELECTIONS HAVE CONSEQUENCES. AND IF YOU'RE GOING TO CONTINUE TO ELECT REPRESENTATIVES TO TALLAHASSEE WHO FORGET THAT THEY REPRESENT LOCAL CONSTITUENTS, THEN YOU'RE GOING TO VOTE FOR OTHER FOLKS, BECAUSE EVERY SINGLE TIME THERE ARE COUNTLESS BILLS.
I KEEP TRACK OF THE NUMEROUS BILLS THAT COME OUT OF TALLAHASSEE.
THERE ARE VAST MAJORITY OF BILLS THAT CONTINUOUSLY ERODE LOCAL LAWS AND HOME RULE.
YEAR AFTER YEAR AFTER YEAR, THERE HAVE BEEN BILLS THAT HAVE BEEN PROPOSED THAT REQUIRE THAT TO TRY TO TO TRY TO CURB THIS, EITHER REQUIRING A TWO THIRDS MAJORITY OF THE HOUSE AND SENATE.
IF YOU'RE GOING TO PASS A BILL THAT CREATES PREEMPTION.
THOSE DON'T EVEN GET TO COMMITTEE. YEAH. THEY DON'T EVEN MAKE IT TO COMMITTEE.
THEY'RE NOT EVEN HURT BECAUSE UNFORTUNATELY, THEY'RE PRESENTED BY THE POLITICAL PARTY THAT IS IN THE MINORITY IN THE IN IN THE LEGISLATURE. SO THIS IS AN ISSUE THAT HAS TO BE TAKEN UP WITH WITH THE STATE LEGISLATURE.
AND THE WORST THING ABOUT IT IS, WHILE, YES, IN THEORY, CAN LOCAL GOVERNMENTS FIGHT BACK WHAT THE LEGISLATURE HAS IMPOSED UPON LOCAL GOVERNMENTS WHO DECIDE TO FIGHT BACK IS EXTREMELY DRACONIAN.
THEY CAN IMPOSE CRIMINAL SANCTIONS ON LOCAL OFFICIALS WHO VIOLATE PREEMPTION.
IT'S DRACONIAN TO THE LEVEL. AND THIS THIS FOR ME, IS A NONPARTISAN OR BIPARTISAN ISSUE BECAUSE IT IS A COMPLETE EROSION OF LOCAL HOME RULE AND LOCAL GOVERNMENT, WHICH I THINK IS THE GOVERNMENT THAT WORKS BEST FOR THE PEOPLE.
NOW THAT I'M GOING TO STEP OFF MY POLITICAL SOAPBOX FOR THAT.
AS TO THE OTHER POINTS THE STATUTE DOES REQUIRE IT IS REALLY KIND OF IT'S TWOFOLD.
IT REMOVES THE PLANNING APPROVAL PROCESS FROM IT BEING QUASI JUDICIAL, WHICH THE CODE NAMES IT.
I'M HERE KIND OF MIGHT SOUND LEGALESE, BUT WHILE THE CODE DESIGNATED PLATS IS QUASI JUDICIAL, IN SOME CASES, SOME APPELLATE COURTS HAVE RULED AS QUASI JUDICIAL.
[00:25:07]
AND IT'S REALLY A CHECKLIST. YOUR PLAT MUST HAVE THESE ITEMS, AND IT'S ALL LAID OUT IN THE STATUTE.AND IT'S VERY SIMPLE. YOU JUST GO THROUGH A CHECKLIST.
AND IT'S STRAIGHTFORWARD. IT IS THE SIGNATURE OF THIS. YOUR PLAT MUST HAVE THIS. YOU MUST HAVE YOUR MONUMENTS. YOU MUST HAVE YOUR LOCATIONS. YOU MUST HAVE YOUR DIMENSIONS. YOU MUST. IT'S IT'S LIKE AN OWNER'S MANUAL. SO THEREFORE THE IDEA IS IN THOSE TYPES OF APPROVALS, THERE REALLY ISN'T MUCH DISCRETION. SO IT'S THE DID YOU DO IT? DID IT MEET IT? YES. APPROVED. SO I THINK THE STATE IS LOOKING TO KIND OF EXPEDITE THESE APPROVALS BECAUSE ONCE YOU GET TO THE PLANNING STAGE, AND I THINK WE'VE HAD THIS COME UP WHEN PLATS HAVE COME BEFORE, YOU'VE ALREADY HAD YOUR SITE PLAN REVIEW, YOU'VE ALREADY HAD YOUR ZONING REVIEW YEAR AT THE END OF THE LINE WHERE ALL ALL THE PLAT DOES IS I'VE GOT THIS YOU, THE CITY HAS ALREADY REVIEWED WHAT THE CONCEPT IS GOING TO BE BUILT, WHAT THE IDEA IS GOING TO BE BUILT.
NOW WE'RE JUST GOING TO ACTUALLY DRAW THE ACTUAL LINES IN THE SAND.
AND HERE'S THE MAP SHOWING ME WHERE MY LINES ARE GOING TO BE DRAWN.
SO REALLY THE APPROVAL AT THAT POINT IS JUST IT'S A MINISTERIAL APPROVAL.
SO THE STATE IS TRYING TO EXPEDITE THE PROCESS BY SIMPLY MOVING IT TO AN ADMINISTRATIVE COMPONENT.
SO WHAT THIS CODE DOES, WHAT THE STATUTE ALLOWS IS IT'S REALLY TWOFOLD, THE ADMINISTRATIVE REVIEW PROCESS THE WAY THE CODE IS WRITTEN, IT'S ACTUALLY DESIGNATE TO THE CITY MANAGER OR DESIGNEE.
THE DESIGNEE IS REALLY GROWTH MANAGEMENT DEPARTMENT. THEN THE THE STATUTE STATES THAT THEN PERMITS THEN TO ACTUALLY HAVE THE PHYSICAL SIGNATORY TO THE PLAT, WHICH IS THEN DEEMED THE CITY'S THE CITY SURVEYOR.
NOW THE SURVEYOR CAN BE ONE PERSON OR IT COULD BE THAT POSITION.
AND AGAIN, THAT IN THE END, THAT APPROVAL STILL REMAINS MINISTERIAL IN THE SAME WAY.
WHOEVER IS SITTING IN THAT OFFICE IS GOING TO GO THROUGH THAT CHECKLIST.
AND AS LONG AS THE STATUTORY CHECKLIST IS ABIDED BY, THEN IT'S IT'S CHECKED OFF THE SIGNATURE.
THE SIGNATURE APPROVES AND THE PLAT IS READY FOR RECORDING, AS LONG AS IT MEETS THE OTHER REQUIREMENTS THAT THE STATUTE PROVIDES FOR RECORDING, FOR THE GUARANTEES FOR IF THERE'S GOING TO BE PUBLIC IMPROVEMENTS, THAT THEY BE BONDED SO THAT IF THE DEVELOPER GOES UNDER, THEY'RE NOT DONE, AT LEAST THOSE ARE INSURED. AND THE CITY COULD GO IN AND COMPLETE THE IMPROVEMENTS, AND THEY'RE PAID FOR WITH A BOND OR AT LEAST INSURED AS TO THE OTHER COMPONENT OF A PRE PRELIMINARY. IT ADDS A COMPONENT WHERE WE'RE GOING TO GO BEYOND THE SCOPE OF WHAT THE STATE IS GOING TO ALLOW.
AND AGAIN, I AM HESITANT ABOUT TRIPPING ANYTHING THAT WILL GIVE ANYBODY THE OPPORTUNITY TO CHALLENGE IT, THAT A LOCAL GOVERNMENT IS GOING TO GO BEYOND OR GO INTO THE ARENA OF WHERE THE STATE HAS PREEMPTED THE SUBJECT MATTER.
AND BECAUSE THE PENALTIES ARE SO DRACONIAN, IT'S YOU HAVE TO ON THE SIDE OF BEING CONSERVATIVE.
AND THE STATE TELLS US TO DO THIS. I THERE'S NO WIGGLE ROOM.
YOU GOT TO DO WHAT THE STATE TELLS YOU, TELLS YOU TO DO.
AND HENCE WE OUR HANDS ARE TIED AND ALL LOCAL GOVERNMENTS HANDS ARE TIED.
THESE PLATS HAVE TO BE APPROVED ADMINISTRATIVELY FROM HERE.
FROM HERE. GOING ON FORWARD. THERE'S NO OPTION.
IT'S ADMINISTRATIVE OR ELSE. SO IF I CAN ASK A QUESTION, IT SOUNDS LIKE FROM WHAT YOU'RE DESCRIBING, THAT THE ONLY THING THAT WE REALLY HAVE A CHOICE IN IS.
WELL, AS A DESIGNEE, THE CITY MANAGER IS THE CHIEF ADMINISTRATIVE OFFICER OF THE CITY.
SO THAT'S WHY THE CITY MANAGER'S DESIGNEE, THERE'S MANY OTHER SECTIONS OF THE CODE WHEN IT CALLS FOR CITY MANAGER, BECAUSE IT IS THE CHIEF ADMINISTRATIVE OFFICER WHEN WE HAVE DESIGNEE, BECAUSE THE DEPARTMENTS ARE ADMINISTRATIVE OFFICES UNDER THE PURVIEW OF THE CHIEF OF THE CITY ADMINISTRATOR. AS THE CHIEF CITY MANAGER, I'M SORRY, AS THE CHIEF ADMINISTRATOR THEY DO FALL AS EXTENSIONS OF THE CITY MANAGER.
SO THAT'S WHY OR DESIGNEE ALLOWS THE REVIEW. IT STATED BECAUSE IT FALLS UNDER GROWTH MANAGEMENT.
WE DON'T EXPECT THE CITY MANAGER OR THE CITY MANAGER'S OFFICE TO ACTUALLY SIT THERE AND REVIEW EVERY SINGLE PLAT APPLICATION BY DESIGNATE THE CITY MANAGER AS THE AUTHORITY TO DESIGNATE THE GROWTH MANAGEMENT DEPARTMENT TO REVIEW SIMILAR.
OUR LAND DEVELOPMENT CODE HAS CITY MANAGER OR DESIGNEE, AND REGARDING ALL APPLICATIONS UNDER THE LAND DEVELOPMENT CODE, WITH THE DESIGNEE UNDERSTOOD TO BE THE GROWTH MANAGEMENT DEPARTMENT.
IT'S KIND OF A TERM OF ART. THE OTHER QUESTION I HAVE IS WHAT?
[00:30:04]
NOTIFICATION TO NEIGHBORING PROPERTY OWNERS IS PRESERVED WHEN SOMETHING LIKE THIS NEIGHBORHOOD THAT WE CONTINUED COMES ALONG WITH THESE CHANGES TO STATE CODE. WELL, AT THAT POINT, THE THERE'S STILL THE NOTICE AS IF YOU'RE GOING TO HAVE THE PRIOR IF IT'S A LARGER DEVELOPMENT, THEY'RE STILL GOING TO BE SUBJECT TO THE REVIEWS.IF THEY UNDERGO A LAND USE CHANGE, IF THEY GO A REZONING WHEN THEY UNDERGO A PRELIMINARY PLAN, A PRELIMINARY DEVELOPMENT PLAN. A FINAL DEVELOPMENT PLAN.
OKAY. IT'S THAT LAST STEP, WHICH IS THE PLANNING.
PLANNING IS, HEY, NOW WE'RE JUST GOING TO ACTUALLY DRAW THE LINES IN THE SAND, DRAW THE MAPS.
ISSUES THAT ARE GOING TO BE RAISED AT PLANNING HAVE ALREADY BEEN ADDRESSED AT, AT THE, AT THE AT THE PDP AND FDP STAGE, AND RAISING THEM AT PLANNING IS IS BASICALLY ALMOST TOO LATE BECAUSE THE ISSUES THAT ARE RAISED AT PLANNING ARE. AS I'VE STATED, YOUR SCOPE OF REVIEW IS LIMITED TO WHAT IS UNDER CHAPTER 177 AND IT IS MAINLY HEY, THIS IS THE CHECKLIST. THIS IS THE CRITERIA THAT A PLAN HAS TO HAVE.
DID THEY NEED IT? DID THEY NOT NEED IT? AND YOU CAN'T GO AND THEN GO BEYOND THAT CHECKLIST BECAUSE THE AUTHORITY OF THE PERSON AUTHORIZING THE PLAT IN THE PAST BEING THE COUNCIL. NOW IT WOULD BE THE ADMINISTRATOR OR BEING THE SURVEYOR, AND THE CITY SERVER ACTUALLY CURRENTLY DOES SIGN THE PLATS.
THE CITY'S APPROVAL BLOCK IS SIMPLY GOING TO BE CITY SURVEYOR, CITY SERVER.
SO THAT THAT'S WHAT'S GOING TO THAT'S WHAT'S GOING TO CHANGE. SO THAT'S THAT'S THE DIFFERENCE.
SO THERE'S NO A LOT OF THE ISSUES THAT COULD BE RAISED ARE NOT PROPER ISSUES TO BE RAISED AT PLATTING, BECAUSE THAT'S NOT WHAT YOU'RE LOOKING AT WHEN IT COMES TIME TO APPROVE A PLAT.
WE'RE ALREADY BEYOND THAT AT THAT POINT. MR. CHAIR, IF I MIGHT I ALWAYS LIKE TO FIND GOOD NEWS WHEN THERE'S, QUOTE UNQUOTE BAD NEWS. THE GOOD NEWS ABOUT THIS IS THAT, LIKE THE CITY ATTORNEY JUST SAID, THEY THE NEIGHBORS WILL GET NOTICES ABOUT PRELIMINARY DEVELOPMENT PLANS.
REZONINGS. COMP PLAN CHANGES AND FINAL DEVELOPMENT PLANS.
SO THERE IS A THERE ARE A FEW BITES AT THE APPLE FOR THE COMMUNITY TO SEE WHAT'S COMING FORTH.
AND AS THE FINAL DEVELOPMENT PLAN IS APPROVED, YOU YOU GET A GLIMPSE AT WHAT THE PLAN MAY LOOK LIKE.
AND THEN ALSO SOMEONE HAD THE QUESTION ABOUT HOW CAN WE STILL NOTIFY RESIDENTS ABOUT PLATS? CURRENTLY WE HAVE ON OUR GIS OR ON OUR MAJOR GROWTH MANAGEMENT PAGE, A MAP THAT SHOWS PENDING APPLICATIONS.
I CAN CHECK IN THE MORNING TO SEE IF ANY PLAT APPLICATIONS MOVING FORWARD CAN BE ADDED TO THAT MAP.
OKAY, I, I NEGLECTED TO ASK THE BOARD FOR A A MOTION BEFORE I GOT TO MY QUESTIONS, AND I APOLOGIZE.
OKAY. HEARING NONE, I'M GOING TO BRING IT BACK TO THE BOARD AND ASK THE BOARD FOR A MOTION TO APPROVE T25 DASH 00005. IF I HAVE MR. CHAIR, IF I HAVE ONE MORE QUESTION, AM I DO I HAVE THE MOTION FIRST OR ARE WE STILL IN DISCUSSION FOR THE BOARD? YEAH, WE CAN CARRY ON OUR CONVERSATION AFTER WE DO THE MOTION. AND THE SECOND I WENT OUT OF ORDER AND I APOLOGIZE.
NO WORRIES. SO SINCE SINCE WE'RE JUST A RECOMMENDING BODY FOR THE CITY COUNCIL, CAN WE, IN A SENSE, MOTION TO YOU KNOW, ESSENTIALLY APPROVE THAT WITH A, YOU KNOW, SOME SORT OF RECOMMENDATION FOR THIS PRE PRELIMINARY REVIEW SO THAT THE COUNCIL COULD THEN CONSIDER THAT AS WELL? OR IS THAT SOMETHING WHERE THE AUDIENCE WOULD HAVE TO THEN BRING THAT POINT UP.
I KNOW THAT I MEAN THIS IS GOING TO BE CONSIDERED TOMORROW THE FIRST READING.
[00:35:01]
ACT UNDER THE LAW AND WOULD AND MAY SUBJECT THE CITY TO ADVERSE LEGAL ACTION.OKAY. YOU CAN STILL RECOMMEND IT. YEAH, I'M SAYING YOU CAN'T, BUT I'M SAYING YOU CAN DO IT.
YOU GET ARRESTED AND BAD THINGS WILL HAPPEN. YEAH, THAT'S THAT'S WHAT I'M THE EQUIVALENT TO.
I APPRECIATE IT, MR. CHAIR. YEAH, SURE. I'M GONNA MAKE A MOTION TO APPROVE.
ITEM T250005 WITH THE CONDITION THAT THE CITY SURVEYOR IS CITY OF PALM BAY EMPLOYEE. AND THE CITY MANAGER OR DESIGNEE IS ALSO A CITY OF PALM BAY EMPLOYEE AND NO CONTRACTORS.
OKAY. DO I HAVE A SECOND? I'LL SECOND.
OKAY. YEAH. BEFORE YOU TAKE ACTION, I APOLOGIZE.
I MEANT TO BRING TO YOU AND THE BOARD'S ATTENTION.
CHANGES TO THE PROPOSED LANGUAGE WHICH I LEFT AT YOUR CHAIRS.
YEAH. OKAY. TO JUST MAKE A FEW CHANGES ON THE SECTION WE TALKED ABOUT FOR PERFORMANCE AND MAINTENANCE BONDS TO ALLOW US TO HAVE A PROCESS IN PLACE WHERE WE'RE STILL ASSIGNING THE SURVEYOR.
CITY SURVEYOR AND REMOVING ANY REFERENCES TO CITY COUNCIL.
RIGHT. OKAY. SO IF I MAY BEGIN DISCUSSION, SIR? YEAH. YEAH. SO THE REASON WHY IN THE PAST, I.
YOU KNOW, MR. BATTEN WAS CORRECT ABOUT. SURVEYORS KIND OF COMING AND GOING AND EVERYTHING LIKE THAT.
SO I WOULD LIKE FOR THIS ORDINANCE TO KIND OF HAVE THE CITY TO HAVE A LITTLE MORE CONTROL OF IT FOR THE ORDINANCE TO BE RUN BY A PALM BAY CITY EMPLOYEE, NOT BY A CONTRACTOR. SO THE SURVEYOR MUST BE A CITY EMPLOYEE.
THE CITY MANAGER OR THE DESIGNEE HE OR SHE CHOOSES MUST BE A CITY EMPLOYEE.
SO THAT WAS THE REASON WHY I ADDED THAT STIPULATION. OKAY.
ALL RIGHT. ANY FURTHER DISCUSSION? WELL, I THINK THAT IF WE CAN YEAH, I THINK IF WE CAN ADD IN SOME OF THAT LANGUAGE BECAUSE I AGREE WITH THE WITH THAT. I MEAN, IT SEEMS LIKE OUR HANDS ARE SINCE OUR HANDS ARE SOMEWHAT TIED, IF WE CAN JUST HAVE SOMETHING THAT WE CAN MAYBE MAKE REFERENCE TO AS FAR AS WHAT THE WHAT THE CITY SURVEYORS GIVEN THE KEEPING THE KEEPING SOME CONTROL WITH THE CITY. ALSO OKAY.
SO. SO YOU'RE ASKING THEN BECAUSE BECAUSE YOU WANT TO PUT THE PRE-APPROVAL IN, AND HE ALREADY SAID WE COULD, BUT, I MEAN, IT WOULD BE NICE IF WE COULD HAVE WE COULD PUT THAT IN THERE SOMEWHERE.
THE MOTION. MOTION IS GOOD. OKAY. ALL RIGHT. BEFORE I MEAN, MY ANY OTHER COMMENTS FROM THE BOARD BEFORE I MAKE MY TIME? YEAH. YOU KNOW, I AGREE. YOU KNOW, THERE'S A FAMOUS SAYING THAT THE MOST IMPORTANT LEVEL OF GOVERNMENT IS LOCAL.
AND YOU KNOW, THAT TENDS TO BE WHERE, YOU KNOW, WE ALL LIVE HERE, AND I.
I REALLY DO KIND OF HATE IT WHEN YOU HAVE THE STATE BASICALLY PUSHING DOWN ON THE LOCAL GOVERNMENTS.
WHAT REALLY SHOULD BE THEIR OWN DECISION MAKING AUTHORITY.
BUT, YOU KNOW, WE HAVE TO RESPECT THE RULE OF LAW. SO I'LL GO AHEAD AND GO FOR A VOTE ON THIS.
ALL OF THOSE IN FAVOR OF APPROVING T25 DASH 0005, WITH THE RECOMMENDATION TO COUNCIL THAT THE CITY MANAGER OR DESIGNEE, INCLUDING THE SURVEYOR THAT IS OUTLINED IN THIS ORDINANCE, NOT BE A CONTRACTOR, BUT YET MUST BE A CITY EMPLOYEE. INDICATE BY SAYING I.
HI. ALL OPPOSED? PASSES UNANIMOUSLY. LET'S SEE. YES. I BELIEVE THERE WAS ONE OTHER AMENDMENT TO THAT.
I WASN'T SURE OKAY. THE THE ADDING THAT THE CITY, WHATEVER EMPLOYEES.
[00:40:05]
THE DESIGNEE MUST BE A CITY EMPLOYEE. CITY EMPLOYEE.ALL RIGHT. SEEING NO OTHER BUSINESS ON THE AGENDA FOR THIS EVENING.
WE WILL GO AHEAD AND ADJOURN. THANK YOU VERY MUCH.
AND I WILL SEE EVERYBODY BACK HERE ON AUGUST THE 6TH.
* This transcript was compiled from uncorrected Closed Captioning.