Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[CALL TO ORDER]

[00:00:03]

OKAY. GOOD.

YEAH. ROLL CALL.

VICE CHAIR. MILEY.

PRESENT BOARD MEMBER.

PRESSLER HERE.

BOARD MEMBER. ANSAGER HERE.

BOARD MEMBER SAHAYAK HERE.

BOARD MEMBER. WATSON HERE.

BOARD MEMBER. WILLIAMS HERE.

LET THE RECORD REFLECT THAT CHAIR PALMER IS NOT HERE.

AT THIS TIME. WE'LL HAVE INVOCATION BY MR. WILLIAMS. LET'S PRAY.

OUR FATHER, GOD IN HEAVEN.

WE COME NOW.

BUT MANY THANKS FOR LIFE, HEALTH AND STRENGTH FOR BEING SO GOOD AND SO KIND TO US.

COME TO YOU THIS EVENING, MEETING THE PERSON OF PRAYER.

SENIOR WHEREVER THERE'S 2 OR 3 JOINED TOGETHER, TOUCHING AND AGREEING AND BEING ON ONE ACCORD THAT YOU WOULD BE IN THE MIDST.

LET THE WORDS OF OUR MOUTH AND THE MEDITATION OF OUR HEARTS BE ACCEPTABLE IN YOUR SIGHT.

OH LORD, OUR STRENGTH AND OUR REDEEMER AND THE MIGHTY NAME OF JESUS, WE PRAY.

AMEN, AMEN.

COMPARED 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.

UM, SO THE FIRST THING ON THE AGENDA TONIGHT IS THE APPROVAL OF THE AGENDA.

[APPROVAL OF AGENDA ]

UH, ENTERTAIN A MOTION.

MOTION TO APPROVE. A SECOND.

WANT TO ROLL CALL. ROLL CALL.

BOARD MEMBER ANSAGER.

APPROVE. BOARD MEMBER.

WILLIAMS. YES.

BOARD MEMBER. WATSON.

YES. BOARD MEMBER. PRESLER.

YES. BOARD MEMBER. SAHAIDAK.

YES. VICE CHAIR.

MILEY. YES.

I'LL ENTERTAIN AN IND APPROVAL OF MINUTES FOR OUR SEPTEMBER 21ST MEETING, AS WELL AS NOVEMBER 2ND.

[APPROVAL OF MINUTES]

SO MOVED. ROLL CALL.

BOARD MEMBER. ANSAGER.

YES. BOARD MEMBER.

WILLIAMS. YES. BOARD MEMBER.

WATSON. YES. BOARD MEMBER.

PRESSLER. YES.

BOARD MEMBER. YES.

VICE CHAIR. MILEY. YES.

AND WE'LL START WITH OUR REGULAR AGENDA.

WHICH IS ITEM NUMBER THREE, AN ORDINANCE OF THE VILLAGE OF INDIANTOWN, FLORIDA, AMENDING CHAPTER 40 UTILITIES.

[3.  

AN ORDINANCE OF THE VILLAGE OF INDIANTOWN, FLORIDA, AMENDING CHAPTER 40, “UTILITIES”, ARTICLE VII, “WATER AND WASTEWATER CAPITAL CONNECTION FEES”, OF THE VILLAGE OF INDIANTOWN CODE OF ORDINANCES; ADOPTING EQUIVALENT RESIDENTIAL CONNECTIONS FACTORS FOR MULTI-FAMILY RESIDENTIAL DWELLING UNITS; AND PROVIDING FOR FINDINGS, CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.

]

ARTICLE SEVEN WATER AND.

WHAT ARE OF INDIAN TOWN CODE OF ORDINANCES ADOPTING EQUIVALENT RESIDENTIAL CONNECTION FACTORS FOR MULTI-FAMILY RESIDENTIAL DWELLING UNITS AND PROVIDING FOR FINDINGS, CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.

WE'RE GOING TO TURN THIS OVER.

I THINK, UH, MR. VOSS IS GOING TO CARRY THIS ITEM.

IS THAT CORRECT, WADE? THAT'S CORRECT. THANK YOU.

TARYN. UH, CHAIR.

BOARD MEMBERS. GOOD EVENING.

I'M SORRY I COULDN'T BE THERE IN PERSON WITH YOU.

UM, I'M, UH, ZOOMING IN FROM COCOA BEACH RIGHT NOW WHERE I'VE GOT TO WALK INTO ANOTHER MEETING, UH, HERE IN JUST A LITTLE WHILE.

SO, UH, I DO APOLOGIZE.

MY TIME IS A BIT CONSTRAINED OR PROBABLY NEED TO, UH, GET OFF ABOUT SEVEN 4 OR 6 45 OR 650.

I DO NOT ANTICIPATE THAT THIS ITEM WOULD TAKE NEARLY THAT LONG.

SO, UH, I THINK WE'LL BE GOOD, BUT I JUST WANTED TO LET YOU ALL KNOW.

SO, UH, THIS ITEM BEFORE YOU TONIGHT, UH, IS AN ORDINANCE THAT, UM, RELATES TO THE VILLAGE'S WATER AND WASTEWATER CAPITAL CONNECTION FEES.

UM, IF YOU ALL RECALL BACK, UH, EARLIER THIS YEAR, IN 2023, IT WAS EITHER IN JANUARY OR FEBRUARY.

YOU ALL LOOKED AT, UH, UH, THE, UM, REVISED WATER AND WASTEWATER CAPITAL CONNECTION FEES THAT THE VILLAGE WAS CONSIDERING. AND EVENTUALLY, IN MARCH, THE VILLAGE COUNCIL ADOPTED AN ORDINANCE ADOPTING THOSE, UH, CAPITAL CONNECTION FEES FOR WATER AND WASTEWATER.

JUST AS A REMINDER, WHEN WE'RE TALKING ABOUT CAPITAL CONNECTION FEES FOR WATER AND WASTEWATER, THIS IS EFFECTIVELY LIKE AN IMPACT FEE.

THIS IS WHY IT'S COMING TO YOU ALL, UM, FOR REVIEW AND A RECOMMENDATION, UM, ON NEW DEVELOPMENT.

[00:05:03]

THIS IS NOT ANY SORT OF FEE RELATING TO EXISTING DEVELOPMENT OR ANYONE SINGLE FAMILY HOME OR ANYTHING LIKE THIS.

WHAT WE'RE TALKING ABOUT IS CAPITAL CONNECTION FEE RELATED TO WATER AND WASTEWATER FOR NEW DEVELOPMENT.

UM, BACK IN MARCH, WHEN THE VILLAGE COUNCIL ADOPTED THAT, AND WHEN YOU ALL CONSIDERED, UH, THAT THOSE RATES, UH, THE VILLAGE UH, WAS PROVIDED WITH A CAPITAL CONNECTION FEE STUDY FROM RAFTELIS FINANCIAL CONSULTANTS, WHICH IS AN IMPACT FEE. AND WATER, CAPITAL, WATER AND WASTEWATER CAPITAL CONNECTION FEE EXPERT.

UM, IN FLORIDA THAT DOES STUDIES TO PROVIDE THE, UH, LEGALLY JUSTIFIED FEES THAT CAN BE CHARGED FOR, UH, SOMETHING LIKE THAT.

SO, UM.

SINCE THE TIME OF THAT, THE ADOPTION OF THAT ORDINANCE.

UH, THERE HAVE BEEN INQUIRIES FROM, UM, UH, THERE HAVE BEEN INQUIRIES CONCERNING THE APPLICATION OF THE WATER AND WASTEWATER CAPITAL CONNECTION FEE STRUCTURES TO NEW MULTIFAMILY RESIDENTIAL DEVELOPMENT.

SO JUST AS A REMINDER, THE WAY THESE CAPITAL CONNECTION FEES ARE SET UP, THEY'RE SET UP IN TERMS OF WHAT ARE CALLED ERCS OR EQUIVALENT RESIDENTIAL UNITS. ALL RIGHT.

IT'S SUPPOSED TO EFFECTIVELY BE, UH, THE UNIT OF MEASURE IS, IS, UH, STANDARD SINGLE FAMILY RESIDENTIAL HOME. ALL RIGHT.

AND WHAT WAS SET UP IN THAT INITIAL FEE STRUCTURE WAS SAYING ANY RESIDENTIAL UNIT, WHETHER IT'S A SINGLE FAMILY HOME OR IT'S A LARGE CONDOMINIUM OR APARTMENT MULTIFAMILY OR IT'S A SMALL, UM, MULTIFAMILY UNIT WOULD ALL HAVE THE SAME, UM.

UH, THEY WOULD ALL PAY ONE ERC PER UNIT, UH, FOR NEW DEVELOPMENT.

ALL RIGHT. THAT IS, DOING IT IN KIND OF THAT BROAD WAY IS NEVERTHELESS LEGALLY JUSTIFIABLE IN FLORIDA.

UM, BUT THE INQUIRIES WERE IS THERE A WAY, UH, THAT IT CAN BE LOOKED AT A LITTLE FURTHER TO SEE IF THERE'S ANY JUSTIFICATION IN THE DATA AND THE EVIDENCE TO, UH, POTENTIALLY PROVIDE A DIFFERENT FACTOR FOR MULTI CERTAIN MULTIFAMILY, UH, PRODUCTS.

ALL RIGHT. AND SO THE VILLAGE INQUIRED OF RAFTELIS, ASKED THEM TO TAKE A LOOK AT THAT AND PROVIDED THE VILLAGE WITH A TECHNICAL MEMORANDUM THAT'S INCLUDED IN YOUR AGENDA PACKET.

AND WHEN THEY WENT THROUGH AND EVALUATED IT UNDER, UH, NUMEROUS DIFFERENT FACTORS AND UH, PROVIDED A RECOMMENDED APPROACH TO DEALING WITH THAT, UTILIZING, UH, VARIOUS EVIDENTIARY FACTORS, INCLUDING, UH, SOME FACTORS THAT ARE, UH, INTENDED TO BE INCORPORATED PURSUANT TO PROVISIONS IN THE FLORIDA ADMINISTRATIVE CODE WHEN THEY, UH, CAME THROUGH AND CAME FORWARD WITH THAT RECOMMENDED APPROACH. UM, THAT IS WHAT IS ENCAPSULATED IN THE ORDINANCE THAT IS BEFORE YOU TONIGHT.

AND IT BASICALLY BREAKS DOWN TO THIS AND I DON'T KNOW.

UH LARONDA.

OR, RENEE, IF YOU COULD POTENTIALLY, UM, BRING UP THE AGENDA ITEM, JUST THE AGENDA MEMO, BECAUSE IT'S GOT THE LITTLE TABLES IN THERE.

MIGHT BE EASY FOR THEM TO SEE.

UM, UNLESS, UH, BOARD MEMBERS, DO YOU HAVE, UH, COPIES OF OF THE AGENDA ITEM OR OF ACCESS TO IT ON A COMPUTER? JUST TRYING TO FIGURE OUT WHAT WOULD BE EASIEST FOR YOU TO SEE A LITTLE BIT OF WHAT WE GOT.

I REVIEWED IT. OTHERWISE.

I ACTUALLY JUST OCCURRED TO ME.

WE'RE ON ZOOM. I CAN SHARE MY SCREEN.

GIVE ME ONE SECOND.

LET'S DO IT THAT WAY.

ALL RIGHT. CAN YOU SEE? UM, UH, CAN YOU SEE THE AGENDA ITEM ON THE SCREEN HERE? YES, YES. OKAY.

UM, SO JUST AS A REFRESHER, THE WATER AND WASTEWATER CAPITAL CONNECTION FEES THAT WERE EVENTUALLY ADOPTED BY THE VILLAGE COUNCIL.

UH, YOU CAN SEE ON THIS TABLE WHERE FOR WATER, IT WAS $2,790 PER EQUIVALENT RESIDENTIAL CONNECTION FOR WASTEWATER 1500.

WHEN OUR CONSULTANTS, RAFTELIS, LOOKED AT THE MATTER WITH REGARD TO MULTIFAMILY FACTORS, WHAT THEY CAME BACK AND RECOMMENDED WAS THAT WITH REGARD TO MULTIFAMILY UNITS, THAT FOR MULTIFAMILY UNITS THAT ARE BOTH NEWER THAN THREE BEDROOMS, THAT'S A FANCY WAY OF SAYING 2 OR 1 BEDROOM.

[00:10:01]

SO FEWER THAN THREE BEDROOMS AND LESS THAN 1201FT².

SO IT HAS.

UH. FEWER THAN THREE BEDROOMS, AND IT'S SMALLER THAN 1201FT².

THEN A.

THEY CAN RECOMMEND THAT A FACTOR OF 0.5 CAN BE APPLIED THAT IS EFFECTIVELY TO CALCULATE THE NUMBER OF UNITS OF ERCS THAT WOULD BE PAID, THEY MULTIPLY THAT NUMBER BY 0.5 OR HALF.

IF A MULTIFAMILY UNIT IS EITHER OVER THREE OR MORE BEDROOMS, OR THE UNIT IS GREATER THAN 1200FT², THEY RECOMMEND THAT IT WOULD STILL STAY AT THE STRAIGHT FACTOR OF ONE.

SO THAT IS WHAT IS BEFORE YOU TONIGHT, UH, FOR YOUR CONSIDERATION AND RECOMMENDATION, THE ADOPTION OF, UH, RAFTELIS. RECOMMENDED UM MULTIFAMILY IRC FACTORS, UM, FOR DEALING WITH MULTIFAMILY NEW MULTIFAMILY UNITS DEVELOPED WITHIN THE VILLAGE, AND I WOULD BE GLAD TO ANSWER ANY QUESTIONS.

MISS PRESSLER. MR. VOSS. UM, I'D LIKE TO, UH, TALK ABOUT WHY THE TWO DEVELOPERS THAT WE HAVE ON THE HE'S PLANNING ZONING BOARD, UH, HAVE NOT RECUSED THEMSELVES.

UM, I AGREE WITH YOU THAT THIS IS EFFECTIVELY AN IMPACT FEE, AND THEY WOULD BE VOTING TO REDUCE THEIR THEIR DEVELOPMENT IMPACT FEE BY HALF.

KNOW WHAT ANYONE ELSE WOULD PAY IF THEY BUILD A 1200 SQUARE FOOT APARTMENT, IT WOULD BE HALF OF THE FEE THAT ANYONE ELSE WOULD PAY.

SO, UM.

UH, THIS IS A CONFLICT OF INTEREST.

I, AND I FEEL THAT IT'S SOMETHING THAT THEY SHOULD NOT BE VOTING ON.

AND NO MATTER WHAT STAGE OF DEVELOPMENT THEY HAVE IN THE APPLICATION PROCESS.

AND, UM, THANK YOU VERY MUCH FOR THAT.

UM, AND I'M, I'M REALLY SORRY TO TO ASK IT THIS WAY.

I CAN I CAN SPECULATE AS TO.

WHO YOU MIGHT BE SUGGESTING AS TO ONE OF THE MEMBERS.

UM, CAN YOU CAN YOU TELL ME WHO YOU'RE REFERRING TO? WE HAVE TWO DEVELOPERS THAT ARE ON THE BOARD.

NONRESIDENT DEVELOPERS.

AND THIS IS DIRECTLY IN THAT IS THIS IS THEIR BUSINESS.

THIS IS WHAT THEY DO.

AND THEY'RE VERY CONCERNED ABOUT IMPACT FEES AND IT AFFECTS THEM DIRECTLY.

THIS WOULD BE A SAVINGS.

IF THEY BUILD 1200 SQUARE FOOT MULTIFAMILY APARTMENTS, THEY WOULD EFFECTIVELY BE PAYING HALF WHAT ANYONE ELSE PAYS.

AND THEY WOULD ALSO GET A SPECIAL CLASS.

A SPECIAL CLASS WOULD BE CREATED.

BUT IT'S A CONFLICT OF INTEREST.

THEY SHOULD BE FILLING OUT THE FORM EIGHT AND RECUSING.

I'VE GOT A COMMENT.

PLEASE MISS MILEY.

THANK YOU VERY MUCH FOR YOUR THOUGHTS ON THAT.

PLEASE, PLEASE GO AHEAD.

UM, BOARD MEMBER AND, UM, UH.

GOING TO THINK ABOUT HOW TO ADDRESS THAT.

PLEASE GO ON.

UH, THIS IS KAREN ANSAGER.

GO AHEAD. KAREN. GOOD EVENING.

UM, FIRST OF ALL, I'M GOING TO MAKE A COMMENT ON HER.

COMMENT. UM, NEITHER OF THE PEOPLE SITTING ON THE BOARD THAT YOU'RE REFERRING TO BUILD HOMES, AND IT WOULDN'T BE GIVING THEM ANYTHING.

THIS IS ABOUT, I THINK.

I'M SORRY, MISS UNSICKER.

IF WE CAN HOLD THAT, HOLD YOUR RIGHT NOW WE'RE ASKING QUESTIONS OF, UH, MR. VOSS, THIS WOULD BE, UH, LET ME CLARIFY.

SO I UNDERSTAND WHETHER MISS PRESSLER.

MADAM CHAIR, IF YOU DON'T MIND.

AND IT WOULD BE IT WOULD ACTUALLY BE HELPFUL TO ME IF IF SHE CAN SHOW THAT THIS IS THIS IS A MATTER THAT MIGHT BE DISCUSSED A BIT, SO. OKAY. THANK YOU.

UM, SO, SO THIS IS NOT ADVANTAGEOUS TO ANYONE ON THE BOARD THAT I CAN SEE.

IT IS A, UM, A VOTE FOR WHAT WE HAVE ALWAYS SAID THAT WE WANTED HERE IS AFFORDABLE HOUSING, AND IT IS A VOTE SO THAT PEOPLE WHO DO CHOOSE TO UTILIZE THEIR RESOURCES IN AFFORDABLE HOUSING CAN HAVE A DISCOUNT.

IT ISN'T. YOU DON'T MAKE YOUR MONEY OFF OF IMPACT FEES WHETHER THEY'RE LOWER OR NOT.

AND IT'S NOT ALLOWING ANYONE ON THIS BOARD ANY KIND OF PROFIT OR DIFFERENCE FROM ANY OTHER BUILDER.

[00:15:08]

UH, ANYONE HERE WHO IS A DEVELOPER HAS A RIGHT TO MAKE MONEY ON THEIR PROPERTY.

THIS IS AN OVERALL VILLAGE IMPACT FEE THAT WE'RE TALKING ABOUT.

WE'RE NOT HERE TO DISCUSS ANYONE ELSE'S BUSINESS, AND THERE IS NO ONE HERE WITH A CONFLICT OF INTEREST AS THEY'RE NOT COMING BEFORE US, UM, FOR ANY KIND OF, UM, DEVELOPMENT AT THIS TIME.

SO I DISAGREE WITH YOU ON THAT.

MY MY OTHER POINT, THOUGH, WAS THAT, UM, I WAS WONDERING IF THERE IS A LOWER LIMIT ON THE NUMBER OF HOUSES.

FOR INSTANCE, UH, AN INDIVIDUAL CAN BUILD A 1 TO 4 UNIT USING AN FHA LOAN.

UM, AND THAT IS NOT CONSIDERED A DEVELOPMENT BY FHA, UM, OR BY THE, UM, THE HUD.

SO I WAS WONDERING IF SOMEBODY INDIVIDUALLY WANTED TO PUT A FOUR UNIT ON A PIECE OF PROPERTY THEY ALLOWED FOR THAT.

WOULD THEY BE UNDER THIS SAME, UH, GUIDELINE? WOULD THEY BE ABLE TO AVAIL THEMSELVES OF THIS SAME GUIDELINE, OR WOULD THAT BE EXCLUDED AS THIS? IS THERE A NUMBER OF UNITS THAT THIS IS BASED ON? UH, NO, IT'S GOING TO, UM.

UH, WHEN YOU WHEN YOU MENTION 1 TO 4, IF IT'S IF IT'S A SINGLE, THEN THEN IT'S NOT GOING TO TRIGGER IT.

WHAT WHAT THIS IS TIED TO IS THE SIZE OF THE UNIT AND WHETHER IT, IT MEETS OUR DEFINITION OF MULTIFAMILY UNDER OUR LAND DEVELOPMENT REGULATIONS.

OKAY. YES. UM, AND SO, UM, MY RECOLLECTION OFF THE TOP OF MY HEAD IS THAT A FOUR PLEX IS GOING TO, UH, IS IS GOING TO BE MULTIFAMILY UNDER OUR LAWS.

OKAY. UM, SO, SO AGAIN, IF IT MEETS THE OTHER CRITERIA OF THIS, THAT, THAT IT IS, UH, SMALLER THAN THE, THE BEDROOM COUNT AND SMALLER THAN THE SQUARE FOOTAGE COUNT PER UNIT, THEN IT WOULD UM, IT WOULD APPLY TO THIS AND I AM I CORRECT IN MY ASSUMPTION THAT THIS IS BEING DONE IN ORDER TO ENCOURAGE, UH, THE SMALLER, LESS EXPENSIVE HOMES TO BE BUILT IN OUR COMMUNITY THAT ARE GOING TO BE CONSIDERED MORE AFFORDABLE.

LET ME PUT IT THIS WAY.

UM. IT IS.

YOU GOTTA YOU GOTTA REMEMBER WHAT WE'RE DOING WITH IMPACT FEES OR THINGS THAT ARE LIKE IMPACT FEES.

ALL RIGHT. UM, WHENEVER WE'RE MAKING KIND OF MORE FINE TOOTH, UH, REFINEMENTS TO, UH, TO IMPACT FEES AND SO ON, WE ARE TRYING TO MORE AND MORE ACCURATELY REFLECT WHAT IS THE IMPACT OF THAT DEVELOPMENT ON THE GIVEN SYSTEM, IF IT'S TRANSPORTATION ON THE ROAD NETWORK, IF IT'S ON WATER AND WASTEWATER, THE IMPACT ON THE WATER AND WASTEWATER SYSTEMS AND SO ON.

WHAT THE WHAT THE, UM, WHAT OUR CONSULTANT, UH, CAN JUSTIFY UNDER THE EVIDENCE AND THE DATA IS THAT UNITS OF THAT SMALL SIZE WILL GENERALLY HAVE AN IMPACT THAT'S MORE REFLECTIVE OF THE 0.5 THAN TO ONE.

WILL IT HAVE THE EFFECT OF HELPING WITH MORE AFFORDABLE HOUSING? I WOULD IMAGINE SO.

SO I'M JUST FOR THE PURPOSES OF BUILDING A RECORD, I GOT TO SAY WHAT THE REASONS WHY YOU MIGHT MAKE A CHANGE TO AN IMPACT FEE WOULD BE.

BUT YOUR POINT IS VERY WELL TAKEN, RIGHT? BECAUSE THEY'RE NOT GOING TO USE THE VOLUME OF WATER OR DISPLACE THE WASTEWATER VOLUME THAT A LARGER UNIT WOULD WOULD.

SO IT MAKES SENSE TO ME THAT THEY WOULDN'T HAVE TO PAY NEARLY $3,000 A UNIT.

UM, SO YES, I APPRECIATE YOUR, UM, ANSWER TO THAT.

THANK YOU, MR. WATSON. YES.

IF I MAY, UH, GET BACK TO MRS. PRESSLER'S CONCERNS, SINCE YOU'VE MADE THE ASSUMPTION THAT THERE ARE TWO DEVELOPERS ON THE BOARD, CAN YOU PLEASE IDENTIFY WHO IN FACT, YOU'RE TALKING ABOUT? WELL, YOU ARE A DEVELOPER.

YOU PUT YOU PUT THAT DOWN AS A DESCRIPTION, UH, RECENTLY AS, UM, YOUR BUSINESS.

AND, OF COURSE, MR. ZAJAC IS A DEVELOPER AS WELL.

YOU'RE BOTH DEVELOPERS.

IT'S NOT. ISN'T PARK VIEW APARTMENTS? PARK VILLA, UH, PARK VIEW VILLAS, YOUR DEVELOPMENT.

WHAT? I DON'T KNOW, YOU HAVE YOU HAD.

THERE'S SO MANY DIFFERENT NAMES, BUT YOU HAVE FIRST THING.

I HAVE NOTHING IN THE DEVELOPMENT.

YOU DON'T HAVE ANYTHING IN THE.

IN THE STAGE OF DEVELOPMENT? NO. SO I'D LIKE TO KNOW HOW YOU DESCRIBE ME AS DEVELOPER.

WHAT HAVE I DEVELOPED? YOU DESCRIBED YOURSELF AS A DEVELOPER.

I'VE DESCRIBED MYSELF AS A DEVELOPER.

I DON'T KNOW WHAT YOU'RE TALKING ABOUT, BUT THAT'S HERE, NOR THERE.

WE'RE HERE TO DISCUSS THE ISSUE OF WHETHER OR NOT THIS IS GOOD FOR THE FUTURE OF INDIAN TOWN, OF AFFORDABLE HOUSING, AND I BELIEVE THAT IT IS.

SO WITH THAT SAID, I'LL BE SUPPORTING THIS ORDINANCE WITH THE WITH A POSITIVE VOTE WHEN WE GET THERE.

[00:20:03]

THANK YOU, MR. SIAK. UM.

MR.. WAIT, UM, COULD I JUST, UH, JUST BECAUSE IT WAS RAISED AND, UH, SOME OF THE PROPERTIES THAT, UH.

WE HAVE OUR MULTIFAMILY ZONED.

I JUST HAD AN AIR OF CAUTION.

CAN. I'M HAPPY TO FOLLOW YOUR GUIDANCE IN TERMS OF WHAT MISS PRESSLER RAISED REGARDING MYSELF INDIVIDUALLY.

WHAT I. WHAT I WAS ACTUALLY GOING TO OFFER.

UM, IF WE COULD, I THINK WE COULD DO IT VERY QUICKLY AND BRIEFLY.

UM, AND, UH, DANIEL, THANK YOU FOR FOR ASKING THAT IF THERE ARE ANY OTHER QUESTIONS DIRECTED TO THE ORDINANCE OR THE CHANGE OR ANYTHING LIKE THAT, WE COULD DISCUSS THOSE BRIEFLY.

AND THEN, MADAM CHAIR, I WAS GOING TO ASK FOR MAYBE JUST A THREE MINUTE RECESS.

I DON'T LIKE TO GIVE LEGAL ADVICE TO INDIVIDUAL MEMBERS OF BOARDS.

UH, ANY BOARDS, WHETHER IT'S PCB OR OR VILLAGE COUNCIL OR WHAT HAVE YOU, IN FRONT OF EVERYBODY.

UH, IT'S IT'S WORTHWHILE TO HAVE A VERY QUICK CONVERSATION.

I'M WAS GOING TO GET ON A QUICK TWO MINUTE TELEPHONE CALL WITH, UH, MR. SAHAYAK, AND THEN WE CAN RECONVENE.

DOES ANYONE ELSE HAVE ANY OTHER QUESTIONS THEY WOULD LIKE TO ASK? MR.. NO.

I HAVE A QUESTION.

GO AHEAD. UM, OUR, UH, MISS FREEMAN, IS SHE ATTENDING BY ZOOM OR IS SHE.

NO, MA'AM. SHE'S NOT WITH THE VILLAGE ANYMORE.

OR. NO, SHE'S PART TIME AND SHE HAS ANOTHER.

SHE HAS OTHER CLIENTS.

SO TONIGHT SHE WAS NOT ABLE TO BE HERE BECAUSE SHE HAD A CONFLICT.

SO I'M HERE. IT WOULD BE HELPFUL IF, YOU KNOW, WHEN WE HAVE THIS NOTICE OF THE DEVELOPMENT ACTIVITY, THAT IF ANYONE ON THE BOARD IS, UH, THE PART OF THE DEVELOPER OR IF THEY ARE RECEIVING A COMMISSION OR SOMETHING LIKE THAT, THAT IT BE NOTED, BECAUSE OTHERWISE WE HAVE TO GO DO THAT OR KNOW, KNOW WHAT'S GOING ON OR BE AWARE OF, UH, YOU KNOW WHAT? WHO IS BEHIND WHAT DEVELOPMENT? WE DEPENDED ON THEM TO FILE THEIR FORMS, THE, UM, CONFLICT OF INTEREST FORMS. AND QUITE OFTEN THEY DON'T.

WE DON'T GET A CONFLICT OF INTEREST FORM UNTIL TWO WEEKS AFTER THE MEETING.

15 DAYS, I THINK, IS WHAT THEY'RE ALLOWED.

WELL, I GUESS I WOULD LOOK TO THE BOARD TO PROVIDE THAT KIND OF DIRECTION.

IF THAT'S A MOTION, AND THEY WANT TO TELL STAFF THAT, YOU KNOW, WHEN A WHEN A INDIVIDUAL COMES IN, THEY DO A PRE APP.

THAT INFORMATION IS ALL PUBLIC RECORD.

UM, BUT AGAIN WE HAVE TO LOOK UP EVERY SINGLE ONE, UH, TO SEE WHO'S BEHIND WHAT.

YOU KNOW, EACH OF ONE OF US HAS TO DO THAT WORK.

AND I FEEL LIKE IT SHOULD BE MORE FORTHCOMING.

IF YOU'RE GOING TO BE ON THIS BOARD, IT SHOULDN'T BE SOME INFORMATION THAT WE FIND OUT LATER ON, WHICH IS WHAT'S HAPPENED.

WELL, MISS PRESSLER, WITH ALL DUE RESPECT, I THINK THAT AS A BOARD MEMBER, THAT'S PART OF YOU BEING A BOARD MEMBER, YOUR RESPONSIBILITY THAT YOU'RE GOING TO FOLLOW THE RULES AND THE REGULATIONS THAT HAVE BEEN PUT IN PLACE.

UM, I DON'T KNOW THAT STAFF SHOULD BE PUT IN A WHERE WE'RE POLICING BOARD MEMBERS.

THAT'S NOT WELL, IT'S JUST PROVIDING INFORMATION RATHER THAN I WOULDN'T PUT.

AGAIN, IF THE BOARD WANTS US TO DO THAT, THEY CAN THEY CAN MAKE THAT FORMAL ASK AND WE'LL HAVE A VOTE ON IT.

AND AND WE'LL THAT'LL BE ONE MORE THING STAFF WILL HAVE TO DO.

AND WE DON'T HAVE A LOT OF STAFF, BUT THAT'S FINE FOR THAT.

THAT'S TRUE.

MR.. UM. UH, YEAH.

I DON'T NEED TO BE POLICED.

I'M AN ADULT.

I UNDERSTAND THE RULES AND REGULATIONS, AND MISS PRESSLER CAN RELAX AND NOT BOTHER POLICING ANY OF US ADULTS THAT KNOW THE RULES AND REGULATIONS AND PERHAPS STICK TO THE SUBJECT. THANK YOU.

ANYTHING ELSE.

MADAM CHAIR, IF WE COULD HAVE A VERY QUICK RECESS AND I'LL CALL A RECESS.

BE BACK MOMENTARILY. THANK YOU.

CALL TO ORDER.

I SPOKE WITH MR. WADE ON THE CALL AND JUST TO, I GUESS, EARN THE CAUTION AND NOT HAVE A CONFLICT OF INTEREST.

I'M GOING TO RECUSE MYSELF AND JUST DO THE RIGHT THING AND MAKE SURE THAT I DO THE RIGHT THING, NO MATTER WHAT, AND EVERYBODY'S EYES.

SO I'M HAPPY TO RECUSE MYSELF.

GLAD WE HAD THE CONVERSATION.

SO I WILL, UM, FOR THIS MATTER, DO I NEED TO GO OUTSIDE OR.

HOPE YOU CAN STAY RIGHT THERE, BUT JUST, UM, JUST JUST DON'T VOTE ON THE MATTER.

YEAH. YOU'RE JUST ABSTAINING. YOU'LL BE NOTED AS HAVING ABSTAINED.

OKAY. THANK YOU.

[00:25:03]

SO, MADAM CHAIR, IF THERE'S NO FURTHER DISCUSSION, A MOTION MAY BE IN ORDER.

IS THERE ANY OTHER FURTHER DISCUSSION ON THIS MATTER? NO, MA'AM. DO WE HAVE ANY PUBLIC COMMENT? NO, MADAM CHAIR.

I'LL ENTERTAIN A MOTION.

I WOULD MOVE THAT WE, UH.

FOR APPROVAL OF STAFF'S RECOMMENDATION AS PRESENTED.

I SECOND THAT MOTION.

ROLL CALL. BOARD MEMBER.

ANSAGER. YES.

BOARD MEMBER. WILLIAMS. YES. BOARD MEMBER.

WATSON. YES. BOARD MEMBER.

PRESSLER. NO.

VICE CHAIR. MILEY.

YES. BOARD MEMBERS.

THANK YOU VERY MUCH. THANK YOU.

WADE. THANK YOU.

NEXT ITEM IS THE DIRECTOR'S REPORT.

[4.  

Recent Development Activity

]

YES. THANK YOU, MADAM CHAIR.

UM, THIS.

WE PROVIDE THIS EVERY AT EVERY ONE OF YOUR MEETINGS.

THERE'S BEEN NOT A WHOLE LOT OF MOVEMENT, IF YOU WILL.

THE ONLY DIFFERENCE THAT I SEE ON HERE IS EAST COAST METAL STRUCTURES.

AS OF YESTERDAY, UH, WERE ISSUED, UH, THEIR, THEIR PERMIT.

SO THAT WOULD BE THE ONLY CHANGE TO MAKE.

UM, THE EVERYTHING ELSE IS JUST CONTINUING TO PROCEED.

UH, ACCORDINGLY SOME OF THESE PREAMPS, THEY COME IN, WE HAVE OUR MEETING, AND THEN THEY GO AWAY FOR A PERIOD OF TIME UNTIL THEY COME BACK WITH SOME OF THEIR, UH, ADDITIONAL INFORMATION.

SO. THAT'S PRETTY MUCH WHAT WE HAVE GOING ON RIGHT NOW.

I'LL ANSWER ANY QUESTIONS IF YOU HAVE THEM.

ANY QUESTIONS? ON THAT. IS MR. VOSS STILL AVAILABLE? I. I AM.

I WOULD LIKE SOME CLARIFICATION PLEASE.

ON. THE MATTER OF WHEN SOMEONE MUST RECUSE THEMSELVES.

I FEEL LIKE, UM, MR. SACK IS OWED AN APOLOGY.

UM, AS HE WAS BULLIED INTO RECUSING HIMSELF THIS EVENING.

WHEN THIS MATTER HAS NOTHING TO DO WITH ANY OF HIS DEVELOPMENTS AT THIS TIME.

AND I WOULD LIKE FOR THE BOARD AS A WHOLE TO HEAR WHAT THIS LAW.

UM, ENTAILS.

AND WHEN WE ARE SUPPOSED TO RECUSE OURSELVES ONE MORE TIME, PLEASE.

SURE. I CAN GIVE YOU THE SHORT VERSION I.

DON'T NECESSARILY WANT TO GO INTO THE PARTICULARS OF, OF, UM, THE FACTUAL SITUATION THERE, BUT GENERALLY THE VOTING CONFLICTS LAW REQUIRES THAT A MEMBER OF A COLLEGIAL BODY RECUSE THEMSELVES WHEN A, UH, WHEN THE ACTION UNDER CONSIDERATION WOULD INURE TO WHAT'S CALLED THE SPECIAL PRIVATE GAIN OR LOSS OF THE BOARD MEMBER OF CERTAIN RELATIVES OF THE BOARD MEMBER OF UM, OF BUSINESS ASSOCIATES, OF THE BOARD MEMBER AND OF OR OF ANY UM CLIENT OR OTHER SPECIFIED BUSINESS RELATIONSHIP OF INCLUDING BEING A, A BUSINESS PARTNER IN, UH, AN ORGANIZATION THAT WOULD, UH, GET A SPECIAL PRIVATE GAIN OR LOSS FROM THE ACTIVITY OR, PARDON ME, FROM THE FROM THE ACTION OF THAT BOARD. SPECIAL PRIVATE GAIN OR LOSS IS FINANCIAL GAIN OR LOSS DOESN'T NECESSARILY HAVE TO BE AN EXACT DOLLAR AMOUNT, BUT IT WOULD BE TO THE FINANCIAL BENEFIT OR TO THE FINANCIAL LOSS, WHICH CAN INCLUDE THE INCREASE IN VALUE OF PROPERTY AND SO ON.

UH, TO ANY OF THE FOLKS I MENTIONED, AND GENERALLY YOU MEASURE IT USING A, A NUMBER OF FACTORS.

THOSE FACTORS INCLUDE, UH, HOW LARGE THE CLASS IS THAT? IT WOULD, UH, THE PARTICULAR ACTION WOULD APPLY TO THE LARGER THE CLASS, THE LESS LIKELY THERE IS A SPECIAL PRIVATE GAIN OR LOSS.

THE SMALLER THE CLASS, THE MORE LIKELY, UM, HOW? UM, UH.

THAT REMOTE OR SPECULATIVE THE ACTION MAY BE AS TO WHETHER OR NOT IT WILL ACTUALLY INURE TO THE SPECIAL PRIVATE GAIN OR LOSS.

UM, AND THOSE ARE THE PRIMARY FACTORS.

SO, UM, IT DOES BECOME A FACTUAL EVALUATION FROM TIME TO TIME.

UM, AND SOME ARE EASY.

YOU'RE VOTING ON REZONING OF, YOU KNOW, A PIECE OF PROPERTY YOU OWN.

NOT GOING TO HAPPEN.

UM, YOU KNOW, YOU GOT A VOTE IN CONFLICT.

UH, COMPLETELY OTHER SIDE.

YOU'RE MAKING GENERAL CHANGES TO GENERAL RULES THAT WOULD APPLY TO ABSOLUTELY EVERYONE OR, SAY, EVERYONE WHO OWNS PROPERTY IN THE VILLAGE EQUALLY.

[00:30:01]

UM, KIND OF ON THE OTHER SIDE OF THE SPECTRUM, WHEN YOU GET INTO THE MIDDLE, THOSE ARE WHEN WE GET INTO THE FACTUAL DETERMINATIONS THAT WARRANT CONVERSATIONS, UH, WITH, WITH ME TO TALK THROUGH THOSE FACTORS.

AND THEN, UH, I CAN GIVE A RECOMMENDATION.

AND AM I CORRECT IN ASSUMING THAT TONIGHT'S IS A VERY BROAD AND ALL ENCOMPASSING THAT INVOLVES EACH AND EVERY PERSON THAT WOULD BE DOING BUSINESS HERE IN INDIAN TOWN? BUT AGAIN, I, I DON'T I HESITATE TO GET INTO THE PARTICULAR ANALYSIS ON THIS ONE.

UM, TOO DEEPLY, UH, QUITE FRANKLY, I WILL SAY, AS A GENERAL MATTER, WHEN LOOKING AT AT ALL OF THE DIFFERENT FACTORS, WHEN LOOKING AT THE ONE FACTOR OF HOW BROADLY IT APPLIES TO, YES, IT APPLIES TO, UH, ALL, UH, IT WOULD APPLY TO NOMINALLY ALL PROPERTY THAT, UH, COULD HAVE UH, MULTI-FAMILY RESIDENTIAL ZONING ON IT, WHICH IS A FAIR AMOUNT GIVEN, UH, THE WAY THE ZONING IS STRUCTURED IN INDIANTOWN. BUT AGAIN, THAT'S NOT THE ONLY FACTOR.

UM, SO, UH, I APPRECIATE THE INQUIRY, BUT I'M TRYING TO AVOID DIGGING TOO DEEPLY.

THANK YOU. THAT THAT ANSWERS MY QUESTION I APPRECIATE THAT.

THANK YOU. AND IF THERE ARE NO FURTHER QUESTIONS, I THANK EVERYONE FOR COMING OUT TONIGHT.

I HOPE YOU GET HOME SAFE.

MEETING'S ADJOURNED.

THANK YOU VERY MUCH. THANK YOU.

MERRY CHRISTMAS. MERRY CHRISTMAS.

* This transcript was compiled from uncorrected Closed Captioning.