May 06, 2021 Council Meetings - Regular

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I'M GOING TO CALL OUR REGULAR COUNCIL MEETING FOR MAY SIX, 2021 TO ORDER OUR IMPLICATION

[CALL TO ORDER]

DEPUTY MAYOR JOHNSON WILL LEAD US IN THE PLEDGE OF ALLEGIANCE.

PLEASE RISE. BEFORE JULY FOUR, 1776, THE CONTINENTAL CONGRESS CONVENED AND DECLARED A DAY OF PRAYER.

WE KNOW NOW ALSO THAT TODAY IS THE NATIONAL DAY OF PRAYER AND WHAT AN HONOR IT IS TO BE ABLE TO FREELY.

IN ANYBODY'S FAITH TO BE ABLE TO PRAY IN WHOM THEY HAVE BELIEVED WE TAKE THAT LIBERTY TODAY AS IT WAS PURCHASED AND BOUGHT FOR THROUGH BLOOD.

FATHER, I THANK YOU FOR ALL OF THE LIVES OF PEOPLE THAT FOUGHT FOR FREEDOM.

FREEDOM TO EXERCISE THEIR FAITH.

FREEDOM TO LIVE WITH LIBERTY, WITH PURSUIT OF HAPPINESS COME TO YOU AS THE AUTHOR OF LIFE FOR ONLY, YOU GAVE YOUR SON SO THAT ALL MEN COULD BE FREE.

YOUR SON, JESUS, AND TODAY, IN ACCORDANCE TO THIS NATIONAL DAY OF PRAYER, WE LIFT UP OUR LEADERS. THAT THEY WOULD BE ABLE TO HEAR YOUR VOICE, THAT THEY WOULD BE ABLE TO EXERCISE RIGHTEOUS JUDGMENT, THAT THEY WOULD BE ABLE TO EXERCISE WISDOM IN EVERY DECISION THAT'S MADE SO THAT THE PEOPLE HERE IN PALM BAY CAN LIVE PEACEABLE AND GODLY LIVES.

I THANK YOU FOR EACH ONE OF THEM.

I THANK YOU THAT YOUR GRACE IS HERE TODAY AS WE ACKNOWLEDGE YOU AS THE AUTHOR AND THE FINISHER OF OUR FAITH IN OUR LIVES.

AND WE PRAY IN JESUS NAME.

AMEN. UH.

THIS IS RAW.

IT'S LEFLER ROLL CALL, PLEASE.

THEY ARE MEDINA ROZIN, DEPUTY MAYOR JOHNSON HERE, COUNCILMAN BAILEY, COUNCILMAN FOSTER HERE. COUNCILMAN FELIX SHERMAN HERE.

MR. SMITH IS THE DEPUTY MAYOR.

JOHNSON, WOULD YOU MAKE THE ANNOUNCEMENTS, PLEASE?

[ANNOUNCEMENTS:]

ONE VACANCY OR THE COMMUNITY DEVELOPMENT ADVISORY BOARD REPRESENTS RESIDENTIAL HOMEBUILDER ACTIVELY ENGAGED IN HOMEBUILDING EMPLOYED WITHIN THE CITY OR FOR PROFIT PROVIDER POSITIONS. THREE VACANCIES ON THE YOUTH ADVISORY BOARD REPRESENTS THAT LARGE STUDENT MEMBER POSITIONS.

ONE VACANCY ON THE SUSTAINABILITY ADVISORY BOARD REPRESENTS THAT LARGE POSITION.

ANYONE WISHING TO SERVE ON THESE BOARDS CAN APPLY ONLINE AT PALM BAY FOR DOG OR CONTACT THE CITY CLERK'S OFFICE AT THREE TWO ONE NINE FIVE TWO THREE FOUR ONE FOUR.

THANK YOU, MAYOR. THANK YOU, DEPUTY MAYOR JOHNSON.

MADAM SHERMAN.

[AGENDA REVISIONS:]

REVISION NUMBER ONE IS THAT THE REQUESTS ACTUALLY OF YOURSELF, THE MAYOR HAS ASKED THAT ITEM NUMBER TWO, UNDER PROCLAMATION'S FOR NATIONAL POLICE WEEK, WE MOVED UP TO ITEM ONE TO PERMIT THE HONOR GUARD TO PRESENT THE FLAG.

REVISION NUMBER TWO IS FOR ITEM NUMBER FOUR UNDER PUBLIC HEARINGS RELATED TO CYPRESS BAY, WEST PHASE ONE, PUDI LEGISLATIVE MEMORANDUM STAFF REPORT IN ORDINANCE HAVE BEEN REVISED TO INCLUDE AN ADDITIONAL CONDITION.

LAST AGENDA REVISION.

BRUCE MOYAR, REPRESENTATIVE FOR CASE PD DASH THIRTEEN DASH 2021, WHICH IS ITEM NUMBER SIX UNDER PUBLIC HEARINGS AS REQUESTED, A CONTINUANCE TO THE MAY 20TH REGULAR COUNCIL MEETING AS HE IS UNABLE TO ATTEND TONIGHT'S MEETING FOR MEDICAL REASONS.

IF AGREEABLE TO THE CONTINUANCE, COUNCIL SHOULD MOTION AND VOTES.

THANK YOU, MAYOR. WE HAVE A MOTION FOR ITEM SIX AT THIS TIME, OR DO WE ENTERTAIN THAT MOTION NOW? REVISIONS, YES, YOU CAN MOTION NOW.

YES. SO I HAVE A MOTION, IS THERE A SECOND OF A MOTION BY DEPUTY MAYOR JOHNSON SECONDED BY COUNCILMAN FELIX? ALL IN FAVOR OF ANY OPPOSE.

PASSES UNANIMOUSLY, ITEM NUMBER SIX IS REMOVED, CONTINUE TO THE NEXT MEETING, MAY 20TH, CORRECT? THANK YOU, MA'AM.

DEPUTY MAYOR JOHNSON, YES, MAYOR, WE HAVE TO TO THE CITY ATTORNEY.

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WERE A CONSIDERATION OF TRAVEL AND TRAINING FOR THE OFFICE OF THE CITY ATTORNEY AND PROCUREMENT DEPARTMENT HAS BEEN ADDED AS ITEM FIVE UNDER NEW BUSINESS ANGASTON.

ITEM NUMBER FIVE, THE WORD QUASI JUDICIAL SHOULD BE STRICKEN FROM THE ORDINANCE.

CAPTION AS YOU ALL REMEMBER, WE'VE ALREADY DONE THE QUASI JUDICIAL REVISION.

THIS IS STRICTLY A PUBLIC HEARING.

THANK YOU, MA'AM. IF YOU MADE JOHNSON ITEMS, AGENDA ITEMS, NUMBER FIVE, SIX, SEVEN

[CONSENT AGENDA:]

THANK YOU, COUNCIL MEMBERS, ANYONE ELSE WISH TO PULL ANY ITEMS FROM CONCERNED? A HEARING ON CNN, I'LL ENTERTAIN A MOTION FOR THE CONSENT, WITH THE EXCEPTIONS OF THOSE MENTIONED. I MAKE A MOTION TO APPROVE THE CONSENT AGENDA WITH REMOVALS OF ITEMS THAT WERE FIVE, SIX, SEVEN AND 11 AND ADDING THE CONSIDERATION OF TRAVEL AND TRAINING FOR THE OFFICE OF CITY ATTORNEY AND PROCUREMENT DEPARTMENT TO DO BUSINESS NUMBER FIVE AND THE STRIKING OF.

ASIDE JUDICIAL FROM ITEM NUMBER FIVE, GOT A MOTION BY DEPUTY MAYOR JOHNSON SANKARAN SECOND. SECONDED BY COUNCILMAN FELIX ALL IN FAVOR.

ALL RIGHT. THIS IS UNANIMOUSLY.

LET'S GO TO ITEM FIVE AND CONSENT.

[5. Ordinance 2021-25, amending the Code of Ordinances, Chapter 51, Public Hearings, by including provisions for establishing time limits for land use (quasi-judicial) public hearings held before the City Council, first reading.]

I UNDERSTAND THAT I'VE GOT A COUPLE OF SUGGESTIONS ON WHAT MIGHT MOVE THAT ALONG A LITTLE BIT. FIRST ITEM, WE COULD LIMIT OUR COUNCIL MEMBERS TO ONLY FIVE MINUTES WITH NO REBUTTALS. I'D BE THE FIRST THING I WOULD DO.

NEXT, IT WAS A QUESTION, WHAT CONSTITUTES AN ADVERSELY AFFECTED PERSON WHEN THE PUBLIC IS SPEAKING, WHAT CONSTITUTES THAT? SO WE'LL KNOW WHO IT IS THAT GETS THE 30 MINUTES VERSUS THOSE THAT ONLY GET THREE? I COULD SEE NO BREAKDOWN OF THAT QUESTION.

RIGHT. ITEM NUMBER THREE.

SPECIAL COUNCIL MEMBERS FOR RECOGNITION AND PROCLAMATIONS.

IF WE'RE GOING TO HOLD SPECIAL COUNCIL MEMBERS, SPECIAL COUNCIL MEETINGS FOR CONDUCTING OF CITY BUSINESS, WE COULD HAVE SPECIAL COUNCIL MEETINGS FOR RECOGNITIONS AND PROCLAMATIONS.

THAT WAY, THE AUDIENCE THAT COMES TO SEE IT WOULD NOT FILL UP THE SEATS WITH JUST WITH CITY BUSINESS. WE WOULD FILL UP THE SEATS WITH THOSE THAT ARE BEING RECOGNIZED FOR THE THINGS THEY SHOULD BE RECOGNIZED FOR.

IT WOULD BE A REAL DESIGNATION FOR THEM INSTEAD OF JUST WHILE WE JAMMED YOU IN HERE.

AND IT WOULD ALSO FREE UP BECAUSE WE'LL WATCH AND SEE.

PROBABLY ABOUT AN HOUR OF TONIGHT'S MEETING WILL BE BECAUSE OF THAT SO THAT YOU'D STILL GET PERSONAL RECOGNITION.

THOSE THAT DESERVE IT WILL GET IT.

ITEM NUMBER FOUR.

REMEMBER, IT IS THE PUBLIC THAT IS PAYING YOU TO CONDUCT THESE MEETINGS, SO THEY ARE JUST AS IMPORTANT AND THEIR OPINION IS JUST AS IMPORTANT AS YOUR OPINIONS, YOU GET THE VOTE.

BUT WE SHOULD GET TO SAY THANK YOU VERY MUCH.

THANK YOU. SMITH, DID YOU WANT TO ADDRESS THE ADVERSE COMMENT? YES, ALTHOUGH THERE IS NOT A TRUE AGGRIEVED OR ADVERSELY AFFECTED PARTY IN A TRUE PUBLIC HEARING, THERE ARE AGGRIEVED THAT ADVERSELY AFFECTED PARTIES IN QUASI JUDICIAL HEARINGS.

AND TYPICALLY WHAT HAPPENS AND FOR THE QUASI JUDICIAL AGGRIEVED OR ADVERSELY AFFECTED PARTY IS ONE WHOSE INTERESTS IS AFFECTED BY WHATEVER THE PROPOSED LAND USE CHANGE.

AND THAT INTERESTS IS DIFFERENT IN DEGREE AND SCOPE THAN THE PUBLIC AT LARGE.

AND WE HAVE THAT DISHTOWEL IN THE PUBLIC HEARINGS BECAUSE TYPICALLY WE HAVE THE PUBLIC HEARINGS AND WE INCORPORATE THE TESTIMONY FROM THE PUBLIC HEARINGS INTO THE QUASI JUDICIAL HEARING AS WELL, SO THAT JUST THE.

ADDED AN EASE FOR WHAT WE TYPICALLY DO.

BUT AS FAR AS THE AGGRIEVED OR ADVERSELY AFFECTED PARTY IS WITHIN OUR CODE OF ORDINANCES

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WHILE YOU'RE AT IT, WOULD YOU PLEASE READ THE CAPTION OF YOUR NAME? YES, SIR. ORTON'S 2021, DASH TWENTY FIVE.

AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE FIVE LEGISLATIVE CHAPTER 51 PUBLIC HEARINGS BY INCLUDING PROVISIONS FOR ESTABLISHING TIMELINES FOR LAND USE.

PUBLIC HEARINGS HELD BEFORE THE CITY COUNCIL, PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES AND CONFLICT HERE WITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE.

PROVIDING FOR AN EFFECTIVE DATE.

YOU PRESENT THIS ITEM.

ARE THIS INITIALLY THIS FORMAT OCCURRED PRIOR TO THIS NEW COUNCIL, WE HAD ANOTHER CASE IN WHICH IT WAS A LENGTHY CASE, WE CREATED A FORMAT THAT WOULD HELP WITH THE EFFICIENCY OF IT.

AND SUBSEQUENT TO THAT, I WAS ASKED, WELL, MAYBE COUNCILORS SHOULD CONSIDER ADOPTING THIS FORMAT FOR ALL PUBLIC HEARINGS AND ALSO THE QUASI JUDICIAL THAT WAS ALREADY PASSED.

AS I SAID, THE QUASI JUDICIAL COUNCIL HAS ALREADY ENACTED.

THIS IS JUST A PUBLIC HEARINGS FOR PART OF IT.

THANK YOU, MA'AM. HE MADE JOHNSON ANY COMMENT CARDS.

ALSO, LET'S ENTERTAIN A MOTION OR DISCUSSION, MAKE A MOTION IMPROVEMENT IS 20, 21, THAT'S 25 FOR FIRST READING.

WHOLESOME, LIKE WHOLESOME HALSMAN BAILEY, SECONDED BY DEPUTY MAYOR JOHNSON.

ANY FURTHER DISCUSSION, COUNSEL NOW, MAYOR, JUST QUICKLY TO STATE THAT I THINK IT WORKED WELL, THAT FIRST MEETING, THAT WAS WHAT SMITH I CAME UP WITH.

AND I THINK, MAYOR, YOU SAID YOU WERE IN THE AUDIENCE AT THE TIME BEFORE THE ELECTION.

AND I THINK IT REALLY DID HELP SPEED UP THE PROCESS AND MAKE IT CLEAR.

AND I THINK IT WILL ALSO RELIEVE SOME OF THE BURDEN FROM THE APPLICANTS.

AND THERE'S OTHER ONES KNOWING EXACTLY HOW MUCH TIME AND WHAT THEY NEED TO FIT IN THEIR.

THANK YOU, I APPRECIATE YOU PUTTING THAT ON THE RECORD.

COUNCILMAN BAILEY, ANY FURTHER DISCUSSION COUNCIL? IN FOSTER, I REALIZE YOU'RE ON THE LINE, I WANTED TO GIVE YOU AN OPPORTUNITY TO SHARE YOUR THOUGHTS. DO YOU HAVE ANY.

NOT AT THIS TIME, SIR.

WELL, I CALLED THIS TO A VOTE ALL IN FAVOR, AND HE OPPOSED.

THIS IS UNANIMOUSLY NUMBER SIX.

[6. Consideration of a three-year lease agreement with the Greater Palm Bay Senior Center, with the option to renew for two (2) additional one-year terms.]

THE SENIOR CENTER PROVIDES A GREAT SERVICE TO THIS COMMUNITY, I'M NOT QUESTIONING THAT AT ALL, BUT I AM LOOKING AT THOSE CITIES PROPERTY FOR TEN DOLLARS A YEAR.

THAT'S WHAT THEY PAY AND AND FOR THERE.

BUT WITH THAT, THEY'RE TAKING ON SOME MAINTENANCE.

BUT THE CITY IS TAKING ON THE BRUNT OF ALL OF PREDOMINANTLY ALL THE MAINTENANCE.

THEY'RE ONLY RESPONSIBLE FOR 600 DOLLARS, FERHAT FOR THE BACK AND FOR THE PLUMBING FROM THE WATER HEATER TO THE SPICKET.

EVERYTHING ELSE IS A CITY'S RESPONSIBILITY.

WHAT WE'RE PROVIDING FOR THEM FOR ONLY TEN DOLLARS A YEAR, WHICH ISN'T GREAT BECAUSE THEY'RE DOING A SERVICE.

BUT THERE'S ALSO THERE'S A LOT OF RESIDENTS THAT GO TO PARKS AND RECS AND EVERYTHING ELSE, AND THEY PAY OUT DEARLY FOR IT.

IN FACT, WHEN YOU GO TO THE SENIOR CENTER, THE RESIDENTS PAY DEARLY FOR THE USE OF THAT FACILITY. SO WHAT I'M SAYING IS WHEN THEY SAY THEY'RE A NOT FOR PROFIT, WHEN THEY GET A PORTION OF THE PERCENTAGES OF WHAT'S BROUGHT IN, THAT COMES INTO IT GOES TO THAT NONPROFIT ORGANIZATION.

THEN I THINK TEN DOLLARS IS JUST A LITTLE BIT SHY OF WHAT WE SHOULD BE CHARGING THEM TO BE INVOLVED IN IT, AND YOU KNOW ME, I'LL CALL OUT ANYTHING THAT I SAYS.

WE COULD MAKE IT MORE EQUITABLE FOR THOSE THAT STILL PAY AND FOR THOSE THAT DO NOT PAY.

THANK YOU VERY MUCH. THANK YOU.

NEXT WEEK. SHERMAN.

THANK YOU, MAYOR. SO, YES, THIS ITEM IS THE RENEWAL OF THE EXISTING AGREEMENT THAT WE HAVE FOR THE OPERATION OF THE GREATER PALM BAY SENIOR CENTER.

THIS IS A THREE YEAR LEASE AGREEMENT WITH THE OPTION FOR TWO ADDITIONAL ONE YEAR TERMS. THE TERMS OF THIS AGREEMENT HAVE BEEN SUBSTANTIALLY THE SAME FOR MANY YEARS.

AND SO THERE WERE SOME MINOR CHANGES TO THIS YEAR'S RENEWAL, BUT NOTHING REALLY SIGNIFICANTLY DIFFERENT TO TO FOLLOW UP ON THE COMMENTS FROM THE AUDIENCE.

THIS CERTAINLY IS AN ARRANGEMENT THAT IS BENEFICIAL MUTUALLY FOR THE SENIOR GROUP AS WELL AS THE CITY. AND THAT WHILE WE DO MAINTAIN THE BULK OF THE OPERATIONAL COSTS AND

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SO I'M HAPPY TO ANSWER ANY OTHER QUESTIONS YOU MIGHT HAVE.

SO IS THERE A DOLLAR AMOUNT ASSOCIATED WITH THE STAFFING COMPONENT TO THAT YOU JUST MENTIONED? WELL, I DON'T HAVE ANY NUMBERS OFFHAND.

I CAN CERTAINLY HAVE OUR TEAM COME UP IF YOU'D LIKE SOME MORE DETAILS, BUT IT WOULD BE A SIGNIFICANT STAFFING BURDEN.

ALL OF THE FOLKS WHO RUN THE SENIOR CENTER NOW THROUGH THE NONPROFIT ARE VOLUNTEERS.

SO THAT WOULD BE A YOU'D BE LOOKING AT A SIGNIFICANT STAFFING INCREASE FROM THE PARK SIDE. SO I THINK IT WOULD BE APPROPRIATE TO BRING UP SOME OF THAT INFORMATION IF YOU WOULD CALL THE APPROPRIATE.

I CAN I CAN CERTAINLY ESTIMATE I'M NOT SURE THAT WOULD BE I CAN HAVE A RECREATION DIRECTOR, FRED POPI, COME UP AND JUST GIVE SOME ANECDOTAL INFORMATION.

WE'RE CERTAINLY NOT PREPARED WITH OUR NUMBERS TONIGHT, BUT I APPRECIATE THAT, MA'AM.

THANK YOU. I CAN ANSWER A SPECIFIC QUESTION, YOU'RE TALKING ABOUT STAFFING LEVELS FOR US TO TO OPERATE THAT FACILITY AND STAFF IT, WE'RE PROBABLY LOOKING AT UPWARDS OF SEVEN HUNDRED THOUSAND DOLLARS A YEAR.

THE SENIOR CENTER THERE, OPERATING COSTS ARE ROUGHLY SEVEN HUNDRED THOUSAND DOLLARS THAT THEY GENERATE THROUGH THE THEIR PROGRAMING.

YOU KNOW THE QUESTIONS, COUNSEL.

THANK YOU, SO YOU SAY YOU COMING UP.

THANK YOU, MADAM SHERMAN. EVERY MAYOR JOHNSON AND HE COMING AND COMING CAN'T.

I'LL ENTERTAIN A MOTION TO APPROVE THE CITY MANAGER TO EXECUTE THE LEASE AGREEMENT.

SECOND, I'VE GOT A MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN BAILEY.

ANY FURTHER DISCUSSION COUNCIL? HEARING AND SEEING NONE WILL VOTE ON THE ITEM.

ALL IN FAVOR BY ANY OPPOSE PASSES UNANIMOUSLY, ITEM NUMBER SEVEN ON CONSENT.

[7. Consideration of designating 648 Osmosis Drive as surplus real estate and negotiating the sale to Brevard Island Oaks, LLC.]

SIX FORTY EIGHT OSMOSIS DRIVE, IT APPEARS THE HOMES FOR WARRIORS IS STILL GIVEN TO THE CITY OF PALM BAY, A BLACK EYE.

ALL RIGHT. I UNDERSTAND WHAT THE PURPOSE OF THE ORGANIZATION IS.

I UNDERSTAND THE GOOD THAT IT DOES, DO I? BUT I ALSO, BEING A RESIDENT OF THIS CITY, HAVE SEEN WHAT IT'S ENDED UP COSTING US AND OUR REPUTATION AND WHAT IS ENDED UP COSTING US IN OUR FINANCIAL POCKETBOOK.

WITH THAT, I HAVE TWO QUESTIONS ON THIS ONE.

FIRST ONE. SO HOW MUCH HAS THIS PROGRAM SO FAR ENDED UP COSTING THE CITY BOTH IN THIS ONE? YOU CAN GET ME THIS INFORMATION HOWEVER YOU WANT TO DO.

IT DOESN'T HAVE TO BE TONIGHT.

HOW MUCH IS THIS PROGRAM ENDED UP COSTING US AS THE RESIDENTS? IT WAS NOT FUNDED BY THE GRANT PROGRAM THAT IT WAS ORIGINALLY ORIGINATED.

I'M TALKING ABOUT THE LEGAL FEES WE'VE HAD TO PAY OUT FOR THE COSTS FOR THE TECH BACK TAXES THAT WE'VE HAD TO PAY FOR EACH ONE OF THESE ORGANIZATIONS.

THAT WAS NUMBER ONE.

QUESTION NUMBER TWO, SINCE THE CITY HAS THIS PROPERTY ALREADY, CORDISH HOME BE USED AND SOMEHOW TO HELP THE HOMELESS PROGRAM THAT THE CITY AND SOME OF THE OTHER CITIES ARE CURRENTLY FACING WITH. AND THE REASON I SAY THAT IS BECAUSE OF THE HOMELESS POPULATION.

I HEAR DIFFERENT DIFFERENT PERCENTAGES, 30 TO 40 PERCENT OF THE HOMELESS ARE VETERANS RIGHT NOW. AS WE LOOK AT IT, I COULD THINK OF MANY WAYS WITH WHICH THAT THING COULD BE UTILIZED, EITHER MAKING IT UP OR TEMPORARY STAY FOR FOR WHATEVER REASON OR SOMETHING THAT WE COULD UTILIZE THAT STILL USING THE GRANT FUNDING THAT THIS PROPERTY COULD HAVE BEEN AVAILABLE FOR.

SO WE DON'T END UP HAVING TO SPEND, WHAT IS IT, A HUNDRED AND FIFTY THREE THOUSAND AND LOSING ONE HUNDRED FIFTY THREE THOUSAND DOLLARS PLUS BACK TAXES.

IT'S JUST SOMETHING TO CONSIDER.

I DON'T KNOW IF THAT'S POSSIBLE, BUT I JUST WANT TO MAKE IT AS A POSSIBLE SOLUTION INSTEAD OF BILL BRATTON JUST COMPLAINING BECAUSE, YOU KNOW, IF I CAN HELP THE VET, I WANT TO HELP THEM. BUT I DON'T WANT TO HAVE TO BE PAYING THE BURDEN FROM OTHER PEOPLE'S MISTAKES EITHER. THANK YOU.

THANK YOU. I APPRECIATE YOU.

COME SEE ME, CHIEF. MADAM SHERMAN.

AND I THINK YOU'RE ABSOLUTELY RIGHT, MR. BATTEN, WHEN IT COMES TO POLICING THAT AREA, POLICING WHAT WAS DONE IN THE PAST, AND THIS IS JUST SOME ADMINISTRATIVE STUFF TO ACTUALLY FIX WHAT WAS DONE IN THE PAST.

BUT MADAM SHERMAN, WOULD YOU MIND SHARING YOUR COMMENTS ON THAT? YES, THANK YOU. THANK YOU, MAYOR.

SO, YEAH, THE HOME WORRIES PROGRAM IS NOT ACTIVE IN TERMS OF WE ARE NOT CURRENTLY

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WE ARE DEEPLY INTO THE PROCESS OF STILL CLEANING UP THAT PROGRAM TO MR BATTENS POINT.

SO IN TERMS OF THE OVERALL COST OF THE PROGRAM, I'M GOING TO LOOK AT OUR HOUSING ADMINISTRATOR AND SEE IF SHE HAS THAT HANDY FOR THE OVERALL PROGRAM.

SHE MAY. SO SANTOOR URBAN IS OUR HOUSING ADMINISTRATOR.

ASK HER TO COME UP. I DON'T KNOW IF WE HAVE ALL THE ANSWERS THAT YOU'RE LOOKING FOR, BUT WE'LL SEE WHAT WE DO HAVE.

THE OTHER THING I WOULD SAY IS REGARDING THE QUESTION ON THE HOMELESS POPULATION RIGHT NOW, BECAUSE WE ARE ACTIVELY CLEANING UP THE PROGRAM, WE ARE NOT CURRENTLY EXPANDING OR OFFERING ANY EXISTING PROPERTIES TO ANY PARTICULAR ENTITIES.

IT IS BASICALLY COMPLETELY IN A CLEAN UP.

SO THE SALE OF THIS PROPERTY, THAT MONEY WOULD GO BACK INTO THE THE FUND, THE PROGRAM GRANT FUNDS, AND THAT'S PART OF OUR OVERALL PROCESS TO FIGURE OUT WHAT'S LEFT AND WHAT CAN BE SPENT ONLY IN ACCORDANCE WITH THE GRANT RULES.

SANDRA, I'LL LET YOU ADD TO THAT.

ALL RIGHT. THANK YOU, SANDRA ERVAND, HOUSING ADMINISTRATOR.

SO I'LL TRY AND TALK WITH EACH OF YOUR QUESTIONS.

SO THE FIRST ONE YOU HAD ASKED WAS ABOUT THE LEGAL FEES.

SO RIGHT NOW, THE CITY HAS NOT INCURRED LEGAL FEES OTHER THAN THE STAFF THAT THE CITY HAS NOW. IF WE WERE TO NOT GO FORWARD WITH THE SALE, THEN WE PROBABLY WOULD HAVE LITIGATION FEES AND INCURRED BECAUSE OF THE ISSUE WITH WHO OWNS THE TITLE.

I SAID PROVIDE ISLAND. OK IS AT THE CITY.

AS FAR AS THE BACK TAXES, BOVARD ISLAND OAKS THROUGH THE TAX SALE DID PAY BACK THE BACK TAXES. SO THE TAXES ARE CURRENT.

AND AS FAR AS IF WE ARE TO TRY AND USE IT FOR ONE OF OUR HOMELESS, A HOMELESS PROGRAM, THE INTERIOR WOULD REQUIRE EXTENSIVE REHAB AND THAT WOULD BE EXTREMELY COSTLY.

I HAVE. THE INTERIOR STONE USED TO BE CLEANED OUT.

IT IS FILLED WITH JUNK, THE OUTSIDE THE CITY HAD TO PAY.

ACTUALLY, OUR PUBLIC WORKS WAS NICE ENOUGH TO CLEAN THAT UP FOR US, BUT WE'VE SPENT ALMOST 2000, OVER 2000 DOLLARS JUST TO BOARD IT UP BECAUSE IT HAS BEEN VANDALIZED, IT HAS HAD SQUATTERS. IT IS IT WOULD BE VERY COSTLY FOR THE CITY TO REHAB IT AND THEN TRY AND RECOUP ANY COSTS.

SO THIS WOULD BE THE MOST ECONOMICAL WAY TO PAY FOR IT.

SO THE ONE THREE NINE OH THREE EIGHTY SEVEN THAT'S LISTED IN THE LEGISLATIVE MEMO, THAT IS THE CITY FUNDS THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM THAT THE CITY HAS INVESTED.

AND IF WE CAN SELL THE PROPERTY TO PROVIDE ISLAND OAKS AND RECOUP THOSE NSP FUNDS, THEY CAN GO BACK INTO THE PROGRAM FUND AND THAT COMPLIANCE ISSUE WITH THIS PARTICULAR HOME CAN BE RESOLVED. AND MAYOR, I WOULD JUST ADD TO MR. BOUTON'S QUESTION, I BELIEVE HE WAS LOOKING FOR THE OVERALL COST OF THE ENTIRE HOMES FOR WARRIORS' PROGRAMS ON JUST THIS HOUSE.

SO I'M NOT ASKING YOU TO DO THAT NOW, BUT THAT IS SOMETHING WE'RE STILL TRYING TO AND TO RECONCILE. THERE'S A LOT OF HOUSING STAFF.

MY STAFF IS DOING A FANTASTIC JOB, BUT IT'S A VERY.

LENGTHY PROCESS DUE TO THE WAY THE FILES LOOK, TRYING TO RECONCILE YEARS OF COSTS AND EXPENSES AND MATCHING THEM UP TO ONE THE APPROPRIATE HOMES AND THEN FIGURING OUT WHICH ONES ARE IN COMPLIANCE AND WHICH ONES ARE NOT.

SO THAT'S SOMETHING THAT WE HAVE BEEN WORKING ON FOR A WHILE.

BUT IT IS A LENGTHY PROCESS, BUT WE ARE ACTIVELY WORKING ON THAT.

I APPRECIATE THAT.

I THINK IF WE COULD SHARE THAT WITH SENIOR CHIEF.

SOON AS WE GET SOME OF THIS INFORMATION OVER TO HIM, SANDRA, THANK YOU.

YOU'RE WELCOME. WERE THERE ANY OTHER QUESTIONS ALSO? SUZANNE FELIX. HOW MUCH IS THE BACK TAXES? WHAT'S THE TOTAL? I BELIEVE THE BACK TAXES WERE ONE TO SAY LIKE EIGHT THOUSAND OR SIX THOUSAND DOLLARS. BUT I CAN GET THAT NUMBER THAT FACTORED IN THE 153 OVERALL, NO, SO THAT'S ALREADY BEEN TAKEN CARE OF AND THE THERE'S A SURPLUS OF.

UNDER ALMOST A HUNDRED AND FIVE THOUSAND DOLLARS, THAT'S SITTING WITH THE BREVARD COUNTY CLERK. THAT'S AFTER THE FACT TAXES HAVE ALREADY BEEN PAID, AND SO THAT WOULD BE PART OF THE PROCEEDS THAT WE WOULD GET AND THEN THE DIFFERENCE WOULD COME FROM BOVARD ISLAND OAK'S TO MAKE THE IT WHOLE.

YOU KNOW THE QUESTIONS, COUNSEL.

THANK YOU, SIR. YOU'RE WELCOME.

JOHNSON ANY ANY ANY CARDS.

I'LL ENTERTAIN A MOTION COUNSEL MOTION TO DESIGNATE 648 OSMOSIS DRIVES SW PALM BAY, FLORIDA, THREE TO 299 AS SURPLUS REAL ESTATE AND AUTHORIZE THE CITY TO NEGOTIATE THE SALE TO PROVIDE ISLAND OAKS, LLC.

SECOND, I'VE GOT A MOTION BY DEPUTY MAYOR JOHNSON SECONDED BY COUNCILMAN BAILEY.

ANY FURTHER DISCUSSION, MAYOR?

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WHILE A COUPLE WEEKS AGO, BUT WHEN THIS JANAYA WAS BEING PREPARED BY STAFF, I HAPPENED TO HAVE AND MADE AN INQUIRY ON IT BECAUSE A MEMBER OF THE PUBLIC ASKED ABOUT IT.

IT IS IN VERY BAD SHAPE.

AND I WAS VERY HAPPY TO HEAR THAT THIS IS GOING TO BE A WAY TO MAKE OURSELVES WHOLE.

IN THE END, LET'S BE CLEAR THAT THIS RIGHT HERE IS GOING TO COMPLETELY THE BUYER WHO HAS NOW THEY'RE CONTESTING THE TITLE THIS TIME.

SO IT'D BE KIND OF HARD TO FIGHT IT, BUT THEY'RE GOING TO MAKE US COMPLETELY WHOLE.

SO THEY'RE GOING TO GET FOUR CLEAR TITLE FOR THE PROPERTY.

SO IT'S NOT THE NORMAL WAY OF GOING ABOUT IT, BUT IT'S THE BEST WAY AS FAR AS THE FISCAL IMPACT TO CITY. THANK YOU, COUNCILMAN BAILEY, ANY FURTHER DISCUSSION? SEEING AND HEARING NONE, I CALL IT, TO A VOTE ALL IN FAVOR OF ANY OPPOSE.

THIS IS UNANIMOUSLY WE'RE ON ITEM 11.

[11. Consideration of construction funding for replacing the culvert on Tranter Avenue at Melbourne Tillman Water Control District Canal C41R ($285,000).]

GILBERTON, 586 OCEAN SPRAY STREET, SOUTHWEST, THIS IS THE LAST OF MY CONSENT ITEMS THAT I'VE PULLED, BUT I DO THINK IT'S PERTINENT TO THE PUBLIC.

HERE'S WHAT THE DECISIONS ARE BEING MADE OF INSTEAD OF JUST A ONE SENTENCE, BECAUSE SOME OF THESE THINGS, BY MY STANDARD OR IMPORTANT SITUATIONS LIKE CONSENT, ITEM NUMBER 11 IS ANY PART OF THE I MEAN, TWO HUNDRED AND EIGHTY FIVE THOUSAND DOLLARS POSSIBLE TO BE PAID BY THE TILLMANN CANAL DISTRICT SINCE IT WAS IN THE CANAL ITSELF, IN THAT CANAL RECROSSING. IT WAS JUST A SAYING, IF I COULD SAVE SOME OF MY STORMWATER FUNDS OR PART OF MY ROAD PAVING FUNDS TO SAVE INSTEAD OF A QUARTER MILLION DOLLARS ON ONE BRIDGE OR ONE CULVERT. THANK YOU.

THANK YOU. AND SHERMAN.

THANK YOU, MAYOR. I APPRECIATE THE QUESTION, THE ANSWER IS NO.

THE ROAD AND THE CULVERTS IS ALL THE CITY'S RESPONSIBILITY.

TILLMAN SIMPLY PROVIDES US WITH A PERMIT TO ALLOW US TO GO OVER THE ROAD OR EXCUSE ME, OVER THE CANAL. THANK YOU, MA'AM, RENALDO'S ASKI.

GOOD EVENING, COUNCIL RANDALL OLSZEWSKI, TWO TO SEVEN THIRTY SEVEN, NEVILLE ZIRKEL NE.

THANKS FOR HAVING ME TONIGHT.

I WANT TO TAKE PAUSE ON THE SIDE.

I'M 11 AND ASK THE QUESTION OF WHY.

WHY ARE WE GOING TO PUT A CULVERT ON TRANTER AVENUE TO CONNECT THESE TWO ROADS? SO TO ANSWER THAT QUESTION FOR MYSELF, I DROVE BY THE SITE AND I DID MY DUE DILIGENCE AND AS I SEE IT TO EITHER SIDE, ROUGHLY FIVE TO SIX HOUSES.

IF WE HAD A MAP, I COULD SHOW YOU ON ONE SIDE YOU HAVE SANFILIPPO.

ON THE OTHER YOU HAVE WHAT IS CALLED THISBE AVENUE.

SO THESE RESIDENTS FOR THE FIVE AND A HALF YEARS OR SO THAT THIS HAS BEEN CLOSED, THEY FIGURED OUT HOW TO GET AROUND.

BUT I THOUGHT MAYBE A VERY LOCAL RESIDENT TO THE CULVERT WOULD HAVE A VESTED INTEREST.

SO I HAPPENED TO CATCH THE ONE RESIDENT WHO DOES IT.

BUT THAT THAT PIECE OF STREET WORKING IN HIS YARD, VERY NICE GENTLEMAN NAMED VICTOR.

AND THE FIRST THING I SAID IS, SIR, DO YOU WANT THIS FIXED? AND HE SAID, ABSOLUTELY NOT.

HE SAID WHEN THIS WAS A FUNCTIONAL ROAD, EVERYONE JUST USED IT AS A CUT THROUGH.

AND IT WAS ESSENTIALLY A CUT THROUGH THROUGH MY YARD.

AND EVERYONE USED IT AS THEIR PERSONAL TRASH BIN BECAUSE THEY DIDN'T HAVE TO LOOK AT IT AFTERWARDS. BECAUSE THEY LIVE HERE.

THEY LIVE THERE. SO FOR THE PAST FIVE YEARS, VISITORS HAD THE PLEASURE OF A NICE, QUIET CANAL EASEMENT NEXT TO HIM.

AND ALL THE RESIDENTS HAVE HAD THE PLEASURE OF USING SANFILIPPO OR THISBE TO GET OUT OF THEIR NEIGHBORHOOD. SO WE DIDN'T FIX THE CULVERT BACK IN 2015 BECAUSE WE WERE BROKE AND DIDN'T HAVE THE MONEY TO DO IT.

NOW WE HAVE THE MONEY IN RESERVE AND WE'RE GOING TO DEDICATE IT TO THIS PIECE OF ROAD TWO HUNDRED AND EIGHTY FIVE THOUSAND DOLLARS TO THIS PIECE OF ROAD THAT MAY BE DRIVEN ON ONCE A WEEK. AND THAT'S A STRETCH OF MY IMAGINATION, BUT I REALLY ASK US TO PAUSE ON IT.

WHY FIX IT NOW? WHY NOT RESERVE THE MONEY FOR WHEN A CULVERT COLLAPSES ON A MUCH MORE CRUCIAL ARTERY ROAD? ALL RIGHT. SO I APPRECIATE YOUR CONSIDERATION AND THAT, GENTLEMEN, THANK YOU VERY MUCH. THANK YOU.

AND I'M SHERMAN. THANK YOU, MAYOR.

THIS IS ONE OF OUR STORMWATER FUNDED PROJECTS, WE HAD FOUR ROADS THAT HISTORICALLY HAD BEEN CLOSED IN THE CITY DUE TO STORM SIGNIFICANT STORMWATER FAILURE.

SO WE HAD TO ACTUALLY FULLY CLOSE THE ROADS.

IT HAS BEEN STAFF'S DIRECTION PREVIOUSLY FROM COUNCIL TO GET THE ROADS REOPENED AND DO THAT USING THE STORMWATER FUNDS.

SO CERTAINLY HAPPY TO ENTERTAIN ANY OTHER CONSIDERATIONS.

BUT THIS IS JUST ONE OF THE ROADS THAT HAS BEEN CLOSED AND WE'RE REALLY REBUILDING IT TO ITS FORMER CONDITION IN A BETTER WAY.

SO I'D BE ANSWERING YOUR QUESTIONS.

SUZANNE BAILEY, YES, MAYOR, I HAVE THE PRIVILEGE OF SERVING THE LONGEST UP HERE, BACK WHEN THIS AND I WAS HERE WHENEVER THIS WAS ACTUALLY CLOSED, THERE WAS PUBLIC SAFETY ARGUMENTS BEING MADE. SO IT'S NOT SIMPLY JUST A ROAD.

IT'S CLOSED, FROM MY RECOLLECTION.

CAN WE POSSIBLY HAVE THE I DON'T KNOW IF WE HAVE THE EITHER OF THE CHIEFS OR MAYBE BOTH

[00:30:04]

I'LL START WITH POLICE CHIEF MOYAL.

AND I THINK IT WAS PROBABLY MORE FIRE, BUT.

THE MAYOR COUNCIL THAT EVENING, CHIEF.

SO HELP ME UNDERSTAND THE QUESTION, THE QUESTION IS, DO I HAVE ANY INFORMATION RELATING TO THE PUBLIC SAFETY IMPACT OF THIS PARTICULAR PROJECT? IRAQ IS LEAVING IT CLOSE, GOING TO BE GOING TO IMPACT YOUR SERVICE? I ACTUALLY REMEMBER WHEN THIS CAME BEFORE COUNCIL BEFORE.

AND I CAN TELL YOU THAT THIS PARTICULAR SPOT HAS NOT BEEN DESIGNATED AS A PUBLIC SAFETY INTEREST TO OUR DEPARTMENT, NOTWITHSTANDING ANY OTHER ISSUES THAT THAT DOESN'T IMPACT THE POLICE DEPARTMENT. BUT WE CURRENTLY DON'T HAVE ANY INFORMATION OR DATA THAT THAT SAYS THAT THIS HAS CAUSED AN ISSUE.

RING UP FIRE CHIEF LESLIE WHO? EVENING, CHIEF, AND THE QUESTION NOW THE QUESTION, AND I KNOW IT WAS A DIFFERENT WAY, I THINK WE GOT TWO CHIEFS, I THINK SINCE THEN, ACTUALLY THE THIRD CHIEF SINCE THAT TIME.

BUT THERE WAS CONCERNS, AS I RECALL.

SO I'M JUST MAKING SURE, JUST FOR THE RECORD OF HAVING MULTIPLE EXIT POINTS FOR THAT AREA. WE DON'T HAVE NO WATER DOWN THERE FOR FIRE TRUCKS.

SO HAVING THE EVACUATION ROUTES WAS IMPORTANT, AS I RECALL.

DO YOU I GUESS FOR YOU AND MAYBE AND I KNOW MAYBE YOU WEREN'T PREPARED TO TALK ABOUT THIS TONIGHT. I APOLOGIZE FOR PUTTING YOU ON THE SPOT.

BUT SINCE IT'S BEEN, YOU KNOW, THE POINTS BEEN RAISED AND PUT ON THE TABLE, KNOW, ARE YOU AWARE OF ANY ANY TYPE OF CONCERNS WOULD NOT REOPENING THAT ROAD? WELL, TO BE HONEST WITH YOU, WE HAVE THE WATER TENDERS, SO WE'RE ALREADY NOT HAVING ACCESS TO WATER IS ALREADY ONE OF OUR CONTINGENCY PLANS TO BEGIN WITH.

WHAT ARE YOU TALKING ABOUT? THE BACK SIDE OF THE NEIGHBORHOOD WHERE THEY WERE TALKING ABOUT PUTTING THE ROAD INTO THE BACK OF THE NEIGHBORHOOD THAT THE ROAD WE'RE TALKING ABOUT? YEAH, I JUST I JUST KNOW THAT MOST OF THESE AND MAYBE WE NEED TO SHOW HER ON THE MAP. YEAH.

IF YOU WANT TO DO THAT, RYAN, CAN YOU PULL UP A MAP FOR US? IN MY INBOX, WHAT YOU MIGHT HAVE BEEN THE SPECIFIC ONE, WE HAD SEVERAL OF THEM, I JUST WANT TO MAKE SURE BECAUSE LIKE I SAID, I AM I MEAN, WE'LL HAVE THAT DISCUSSION IN A SECOND. BUT AS WE MAKE SURE FOR THE RECORD WHAT YOUR POSITION IS AS FAR AS SAFETY IMPACT, I JUST WANT TO MAKE SURE WE'RE TALKING ABOUT THE SAME NEIGHBORHOOD THAT I'M PICTURING.

PELTZMAN BAILEY SHERMAN SHOWED US THE SHOW ME THE MAP.

IT IS NOT AN ISSUE FOR US.

ANYTHING BY WALK? SO THE THE CANAL LOCATION IS BETWEEN SANDUSKY AND YOU COULD ZOOM BACK OUT A LITTLE BIT FOR US AND TIDSWELL AND ONE MORE CLICK OUT OUTBRAIN.

I JUST WANT TO SHOW SANFILIPPO.

OK. YEAH, IF YOU IF YOU LOOK HERE, THE WHERE THE CANAL IS BETWEEN SANDUSKY AND CHILD WELL ON THE ROAD THERE, AND THEN YOU CAN ACCESS THE NEIGHBORHOOD ON EITHER SIDE OF THE CANAL OFF OF SANFILIPPO.

THAT'S NO DIFFERENT THAN ANY OTHER ACCESS THAT WE HAVE.

THANK YOU SO MADAM SHERMAN, JUST AS A POINT OF REFERENCE HERE.

OR MURDER ONE. ARE WE COMPROMISING THE NEIGHBORHOOD? THAT'S, I THINK, THAT QUESTION.

I DON'T BELIEVE SO. BUT THE LAST THING I'D LIKE TO DO, IF YOU WOULD INDULGE ME, IS I'D LIKE TO BRING UP OUR CITY ENGINEER, FRANK WANNABEE, TO WEIGH IN ON THIS AS WELL.

BUT, AH, IT'S JUST OUR ROAD GOING OVER MELBOURNE TILGHMAN'S STORMWATER DRAINAGE CANAL.

SO AND THERE'S THE FACT OF PICKING THIS DOWN THE ROAD.

YOU'RE BRINGING THIS FORWARD BECAUSE YOU WANTED TO TO RECTIFY SOMETHING THAT NEEDS FIXING. YES, WE'RE SIMPLY THESE WERE SO THIS WAS ONE OF OUR TASKS WHEN WE HAD THE FUNDING AND THE STORMWATER FUNDS WERE AVAILABLE TO GO BACK AND LOOK AT THE FOUR ROADS THAT WE KNEW HAD HISTORICALLY BEEN CLOSED IN THE CITY BECAUSE THE STORM WATER PIPES HAD FAILED.

[00:35:03]

THERE WASN'T ANY CONVERSATION THAT I'M AWARE OF WITH ANY OF THEM FAILING.

YEAH, EXACTLY.

BUT I'LL LET FRANK SHARE ANYTHING ELSE.

FRANK, RIGHT NOW WITH THE CITY ENGINEER, THERE IS NO STORMWATER ISSUES.

THE ACTUAL ROADWAY THERE WAS THERE WAS A CULVERT PIPE THERE AT ONE TIME THAT WAS REMOVED SINCE THAT TIME. THAT'S TRUE.

THE ROAD HAS BEEN CLOSED OFF, HOWEVER, TO PROVIDE ACCESS AS WE HAD BEFORE.

IT'S ALWAYS GOOD TO HAVE CIRCULATION AND AS MANY CIRCULATION POINTS AS WE COULD PROVIDE, ESPECIALLY AS WE GET MORE DENSIFY.

IT IS GOOD TO HAVE THOSE CONNECTION POINTS.

AND EVEN THOUGH YOU HAVE SANFILIPPO, I THINK ON THE OTHER SIDE OF ESB, YOU'VE GOT A LONG DISTANCE BETWEEN THOSE TWO NEIGHBORHOODS.

SO IT'S ALWAYS FAIR TO HAVE MORE CONNECTIVITY.

AND SINCE IT WAS A MISSION BEFORE MY TIME, WE HAD THESE FOUR ROADS ARE CLOSED OFF.

WE'VE INSTALLED TWO OF THEM, A WATER AREA AND FREEHOLD, AND IT'S THE THIRD ONE, TRANTER AND FOURTH ONE. WE'RE WORKING ON THAT RIGHT NOW.

AND DESIGN IS FURGUSON.

SO THERE'S NO THERE'S THERE'S NO STOLLMAN ISSUES, NO THANK YOU, ANY FURTHER DISCUSSION QUESTIONS FROM OUR ENGINEER COUNCIL? THANK YOU. THE OTHER THING WE COULD DO, IF YOU WOULD WANT US TO, IS WE COULD DO A SURVEY OF THE RESIDENTS, IF THAT WAS SOMETHING YOU DESIRED US TO DO, TO ASK AND SEE IF IT'S OF INTEREST TO THEM. BUT AS FAR AS I KNOW, WE'VE NOT RECEIVED ANY INQUIRIES EITHER WAY ON THE ISSUE. AND I APPRECIATE THAT SO MANY OTHER SPEAKER CALLS.

SO I'LL ENTERTAIN A MOTION FOR DISCUSSION OR HOW WHICH WAY DOES COUNCIL WANT TO GO? I'LL MAKE A MOTION TO APPROVE CONSTRUCTION FUNDING FOR THE PROJECT TRENTA AF AT CORVER REPLACEMENT IN AMOUNT OF TWO HUNDRED EIGHTY FIVE THOUSAND JUST SO WE CAN START THIS DISCUSSION. SECOND, I'VE GOT A MOTION BY DEPUTY MAYOR JOHNSON AND I BELIEVE THE SECOND CAME IN FROM COUNCILMAN FELIX.

YES, MAYOR, THANK YOU. SO I WANT TO MAKE THE MOTION JUST SO WE CAN GET A DISCUSSION STARTED. I CAN LEAN EITHER WAY.

I'M LOOKING AT A LOT OF THE EMPTY LOTS IN THAT AREA AND I'M THINKING IN THE FUTURE, A LOT OF THOSE LOTS ARE GOING TO BE PURCHASED AND BUILT UPON.

SO THEN THERE'S GOING TO BE INCREASE IN TRAFFIC FLOW AND WHERE'S THAT TRAFFIC FLOW GOING TO GO? SO THAT'S WHY THAT'S THAT'S WHERE MY MIND IS.

BUT I ALSO LISTEN TO MISS OUR CITY MANAGER IN REGARDS TO JUST GETTING TO GETTING THE PULSE OF THE NEIGHBORHOOD TO SEE WHERE THEY'RE AT WITH THIS.

WE ARE ONE RESIDENT THAT IS CONCERNED ABOUT IT.

BUT IF ANYBODY ELSE IS SO, I CAN LEAN EITHER WAY.

IF WE TABLE IT, IT DOESN'T SEEM LIKE IT'S ANY RUSH.

SO IF WE TABLED IT, I'M FINE WITH THAT.

BUT I'M ALSO LOOKING AT ALL THOSE EMPTY LOTS IN THAT AREA AND THOSE WILL BE BOUGHT AND BUILT UPON WITHIN THE NEXT YEAR OR SO.

MOST LIKELY SO. THANK YOU, HALSMAN FELIX.

ER, THANK YOU, I WOULD I WOULD BE IN SUPPORT OF THAT TO MOVE FORWARD AS PRESENTED JUST FOR A SIMPLE FACT, I KNOW THE AREA PRETTY WELL.

IT IS WHAT WHAT HAVE IT BUILT, WHAT, A FEW HOUSES AND IF THE FUNDS HAVE ALREADY BEEN APPROPRIATE AND STAFF.

RECOMMENDED IT. I WILL SUPPORT IT, MOVE FORWARD.

WHY? WHY, YOU KNOW, WHY DO IT LATER WHEN WE CAN DO IT NOW? TOMORROW IS NOT VERY PROMISING.

SO WE DON'T KNOW.

WE HAVE THE FUN. LET'S GET IT GOING.

LET'S GET MOVING ONCE.

IT'S A BIT QUITE A BIT OF GROWTH.

THAT AREA JUST RECENTLY PAVED, IF I'M NOT MISTAKEN.

OH, IT'S JUST NATURAL.

SO BY OPENING MORE ACCESS, I THINK THAT WILL THAT'S ANOTHER.

PLUS TO ATTRACT MORE GROWTH IN THAT AREA, I'LL.

HUNDRED PERCENT SUPPORT.

NOW, SOMEONE BAILEY. THANK YOU, MAYOR.

IF I MAY COME. CAN I ASK FRANK A QUICK QUESTION? IT'S THE WANNABEE. FOR THE RECORD, SUBCOUNCIL CAN BE CLEAR.

I MEAN, THIS RIGHT HERE, THIS PROJECT WAS BROUGHT FORTH JUST SIMPLY BECAUSE COUNSEL WAS ASKING FOR THESE TO BE REOPENED.

CORRECT. AND AND MAYBE THIS ONE WASN'T A PARTICULAR SAFETY ISSUE OR MAYBE IT WAS A DIFFERENT ASSESSMENT AT THE TIME.

BUT AS FAR AS IMPACT ON YOUR ON THE STORMWATER PROGRAM, THESE DOLLARS COULD BE REPROGRAMED FOR SOMETHING ELSE TO PREPARE FOR A ROTATING PROJECT, RIGHT? THAT'S CORRECT. AND WE COULD DO THIS AT THE END OF THE PROJECT AND IT REALLY WOULD HAVE TO HAVE ANY IMPACT ON THESE STORMWATER OR THE ROAD PROGRAM.

WELL, THIS ONE IS SINKING IN RIGHT NOW IN THE REAL PROGRAM BECAUSE WE'RE IN THAT UNIT 17 AND THEN WE'RE GOING TO BE SWITCHING INTO YEAR THREE OR PHASE THREE THAT HAS IN KNOW 22, WHICH IS JUST BELOW IT. SO WE'RE BREAKTIME TO DO THE PAVING IN THE NORTH RIGHT NOW, WHICH WE COMPLETED SOME OF THOSE TREES ON MICROCIRCUITS AND THAT'S THAT MISSING CONNECTION PIECE. SO WE WOULD LIKE TO DO IT TIMING WISE IN THE SAME WAY WE'RE IN THE SAME AREA.

SO WE'RE GOING TO PAVE OVER IT.

SO IT'S GOING TO BE COMPLETED AND PAVED OVER WITH THE SECOND UNIT BELOW THEIR CORRECT

[00:40:04]

RIGHT, BECAUSE WE'VE DONE EVERYTHING TO THE NORTH, YOU KNOW, 17 HERE WHERE I ALSO HAVE SOME INFORMATION I RECEIVED FROM JULIET MOSCONI, WHO'S OUR ACTING PUBLIC WORKS DIRECTOR.

SHE'S SHARED THAT THERE'S ACTUALLY FOR THIS WE'RE COMING A LITTLE BIT BEHIND THIS, A LITTLE BELATEDLY TO TO REQUEST THE BUDGET FUNDING BEING PUT INTO A PROJECT.

BUT THERE'S ACTUALLY AN ACTIVE BID ON THE STREET ALREADY FOR TRANTOR, AND WE'VE ALREADY SECURED THE PERMITS FOR THE WORK.

JUST SOME ADDITIONAL INFORMATION TO BE AWARE OF.

THANK YOU, MA'AM. THAT IS PERTINENT.

THOSE THOSE PERMITS HAVE A TIME EXPLORATION.

CERTAINLY DO. I DON'T KNOW WHAT IT IS, BUT YOU KNOW, YOU OR SOMETHING.

OK. THANK YOU.

ANY OTHER QUESTIONS? AND ALSO, COUNCILMAN FOSTER, WOULD YOU LIKE TO WEIGH IN? I KNOW YOU'RE ON THE LINE.

YES, MAYOR. I WASN'T CLEAR ON THE MOTION.

CAN YOU RESTATE THE MOTION THAT WE ABSOLUTELY WILL HAVE DEPUTY MAYOR JOHNSON RESTATE THE MOTION? THERE'S A MOTION AND IT WAS SECONDED BY COUNCILMAN FELIX ZALBA WITH THE STAFF RECOMMENDATIONS OF THE MOTION TO APPROVE THE CONSTRUCTION FUNDING FOR THE PROJECT FOR TRENTA STAFF AT THE COLVERT REPLACEMENT AND THE AMOUNT OF TWO HUNDRED EIGHTY FIVE THOUSAND. THAT'S WHAT IT WAS.

OK, I'M GOOD.

NO COMMENTS, COUNCILMAN FOSTER.

NO, NO COMMENT. OK, THANK YOU.

SO YOU KNOW WHAT, THERE'S I LOVE THE DISCUSSION.

I LOVE, YOU KNOW, THE PERTINENT INFORMATION IS THAT THIS IS ALREADY GONE OUT AND.

YOU KNOW, JUST LIKE YOU SAID, COUNCILMAN OR DEPUTY MAYOR JOHNSON, THERE'S GOING TO BE GROWTH IN THAT AREA, MAYBE RIGHT NOW WE CAN PAUSE.

AND WHAT WOULD BE THE ULTIMATE CAUSE? I DON'T BELIEVE IN KICKING THE CAN DOWN THE ROAD IS IF IF WE ALREADY HAVE IT IN PLACE.

SO I WILL BE SUPPORTING THIS MOTION.

MAYOR, IF I MAY ADD. YEAH, WHILE I'D LIKE TO HAVE SAVED THE MONEY AND MOVED IT TOWARDS THE END, IT IS PROBABLY TOO LATE TO DO THAT.

SO I HAVE NO PROBLEM MOVING FORWARD AS AS IS.

BUT IF THERE'S OPPORTUNITIES, WHAT I WANT THE COUNCIL TO BE AWARE OF IS THAT WE'RE WE HAVE ESPECIALLY WITH ADDITIONS OF THE CHANGES WE MADE FOR PHASE THREE WHEN UNIT 49, THERE'S TREMENDOUS PRESSURE ON THE STORMWATER FUND TO KEEP UP WITH THE WORK AND THE CREWS THAT WE HAVE THERE KEEP UP WITH THE WORK IN ORDER TO KEEP THE ROAD BY MOVING.

SO THAT'S WHY WE JUST KEEP US AWARE OF THAT AND ALWAYS BE COGNIZANT OF WAYS THAT WE CAN TRY AND MAKE IT AS SMOOTH AS POSSIBLE.

BUT UNDERSTAND THAT THIS TIME WE PROBABLY MAKE MORE WORK FOR STAFF AND MORE WORK FOR THE PROGRAMS TO CHANGE IT.

ABSOLUTELY. SO I'VE GOT A MOTION AND A SECOND MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN FELIX TORRES-SPIVEY FELIX.

JUST A QUICK, QUICK REQUEST, IF WE COULD, OF WHAT A FULL TIME DISCUSSION COMES UP TO THE CURRENT STATE OF THE STORMWATER FUND, IF I'M SURE MANY, FEW WOULD ASK THE ACTING DEPUTY ACTING DIRECTOR OF PUBLIC WORKS TO PREPARE SOME SORT OF PRESENTATION, THE SHORT BUT PRECISE AS TO CURRENTLY WHERE WE ARE AT IN TERMS OF GIVE US SOME NUMBERS.

AND I BELIEVE, MADAM SHERMAN, THAT COULD JUST BE SHARED THROUGH ELECTRONIC MESSAGING.

AS OPPOSED TO SORRY, I COULD DO EITHER WAY, BUT ACTUALLY WE CAN PREPARE SOME INFORMATION IN THE SHORT TERM AND GET THAT SENT TO COUNSEL, YOU WILL BE ACTUALLY GETTING AN UPDATE ON THE STORM WATER FUND AND PROJECTS AND THINGS.

ANYWAY, AS WE'RE ENTERING INTO THE BUDGET PROCESS HERE, THAT'S GOING TO BE SOMETHING YOU'LL SEE IN THE NEXT COUPLE OF MONTHS ANYWAY.

BUT IT'S WHATEVER COUNCIL DECIDES.

IF YOU'D LIKE SOMETHING ELECTRONICALLY OR A PUBLIC PRESENTATION, I KIND OF TELL COUNCILMAN FELIX WILL PROBABLY BE BETTER TO EXPRESS THIS, BUT I KIND OF FELT THAT HE WANTED THAT INFORMATION AS SOON AS NOT NOT NECESSARILY NOW.

NO. I MEAN, I THINK WE AS MUCH AS MUCH AS THE PUBLIC CAN ALSO BENEFIT FROM IT.

THAT'S WHAT I'M ASKING.

JUST COULD BE VERY PRECISE AND SHORT AND SWEET.

BUT EVERYBODY CAN BE IN THE SAME SAME PAGE.

THANK YOU. THANK YOU.

ANY FURTHER DISCUSSION COUNCIL GOT A MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN FELIX ALL IN FAVOR AND HE OPPOSED.

YOU OPPOSED PASSES UNANIMOUSLY.

SO RECOGNITION'S AND PROCLAMATION'S, WE'RE ON THAT OR, YOU KNOW, TODAY WE'RE WE'RE

[RECOGNITIONS AND PROCLAMATIONS:]

AND IN THAT COUNCILMAN OR DEPUTY MAYOR JOHNSON WILL BE READING OFF A PROCLAMATION.

[00:45:03]

AND SO I'M EXCITED THAT WE HAVE OUR MEN IN BLUE THAT WILL BE PRESENTING THE COLORS AND WE HAVE ANOTHER PERSON IN UNIFORM WHO'S GOING TO LEAD US IN THE NATIONAL ANTHEM.

SO I WANT TO TAKE THIS OPPORTUNITY TO ENCOURAGE EACH AND EVERY ONE OF YOU TO SING ALONG.

THESE RISE PRESENT COLORS.

PLEASE JOIN ME IN THE SINGING OF OUR NATIONAL ANTHEM.

OH, SAY, CAN YOU SEE BY THE DAWN'S EARLY LIGHT? WHAT SO PROUDLY WE HAILED AT THE TWILIGHT'S LAST GLEAMING, WHOSE BROAD STRIPES AND BRIGHT STARS THROUGH THE PERILOUS FIGHT OR THE RAMPARTS WE WATCHED WERE SO.

LIVE STREAMING AND THE ROCKETS RED GLARE, THE BOMBS BURSTING.

AIR GAVE PROOF THROUGH THE NIGHT THAT OUR FLAG WAS STILL THERE, OH, SAY DOES THAT STAR SPANGLED BANNER YET WAVE? OH. AND OF THE FREE AND THE HOME OF THE BRAVE. OUTSTANDING JOB WELL DONE.

IF YOU MADE JOHNSON WILL READ THE PROCLAMATION.

RETIRE THE COLORS, AND LAW ENFORCEMENT MAY STAND FAST.

YOU MAY BE SEATED. NO, NOT NOT LAW ENFORCEMENT.

HOUSTON, FIRST CHIEF LAWYER, STEP, STEP FORWARD, PLEASE.

CHIEF, WE APPRECIATE YOUR ALL.

SO THIS PROCLAMATIONS FROM COUNCILMAN, COUNCIL AND COUNCILMAN FOSTER, HE'S NOT HERE WITH US RIGHT NOW. SO I'M READING ON BEHALF OF HIM IN THE MAYOR, NOTICE AND PROCLAMATION OF THE NATIONAL POLICE WEEK, MAY 9TH TO 15, 20, 20 ONE NATIONAL PEACE OFFICERS, MEMORIAL DAY, MAY 15, 20, 21.

IT IS HEREBY PROCLAIM BY THE MAYOR OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, THAT WE'RE ASKED THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES DESIGNATING MAY 15TH AS PEACE OFFICERS MEMORIAL DAY AND THE WEEK IN WHICH MAY 15TH FALLS AS NATIONAL POLICE WEEK.

AND WE'RE ASKING DURING NATIONAL POLICE WEEK, COMMUNITIES RECOGNIZE THE SERVICE AND SACRIFICE OF U.S.

LAW ENFORCEMENT AND PAY TRIBUTE TO THOSE WHO HAVE LOST THEIR LIVES IN THE LINE OF DUTY.

AND WHEREAS THERE ARE APPROXIMATELY NINE HUNDRED THOUSAND LAW ENFORCEMENT OFFICERS SERVING IN COMMUNITIES ACROSS THE UNITED STATES, INCLUDING THE DEDICATED MEMBERS OF PALM BAY POLICE DEPARTMENT, THE GREATEST DEPARTMENT ON THE FACE OF THE EARTH, RAW.

WHEREAS THERE WERE FIFTY EIGHT THOUSAND EIGHT HUNDRED SIXTY SIX ASSAULTS AGAINST LAW ENFORCEMENT OFFICERS IN TWENTY NINETEEN, RESULTING IN APPROXIMATELY EIGHTEEN THOUSAND FIVE INJURIES SINCE THE FIRST RECORDED DEATH IN 1791, MORE THAN TWENTY TWO THOUSAND FIFTY

[00:50:02]

AND WHEREAS IT IS IMPORTANT THAT ALL CITIZENS KNOW AND UNDERSTAND THE DUTIES, RESPONSIBILITIES, HAZARDS AND SACRIFICES OF THEIR LAW ENFORCEMENT AGENCY, AND THAT MEMBERS OF OUR LAW ENFORCEMENT AGENCY RECOGNIZE THEIR DUTY TO SERVE THE PEOPLE BY SAFEGUARDING LIFE AND PROPERTY, BY PROTECTING THEM AGAINST VIOLENCE AND DISORDER, AND BY PROTECTING THE INNOCENT AGAINST DECEPTION AND THE WEAK AGAINST OPPRESSION.

AND WHEREAS ASK THE CITY OF PALM BAY IS PROUD OF THE MEMBERS OF PALM BAY POLICE DEPARTMENT, PROVIDE A VITAL PUBLIC SERVICE FOR OUR CITIZENS, REGARDLESS OF THE PERIL OR HAZARD TO THEMSELVES.

NOW, THEREFORE, I DEPUTY MAYOR KENNEY JOHNSON ON BEHALF OF ROB MEDINA, MAYOR OF THE CITY OF PALM BAY, BY VIRTUE OF THE AUTHORITY OF SAID OFFICE, DO HEREBY PROCLAIM NATIONAL POLICE WEEK, MAY 9TH TO 15 20 21 AS NATIONAL PEACE OFFICERS MEMORIAL DAY MAY FIFTEEN, TWENTY, TWENTY ONE. IN THE CITY OF PALM BAY, I ENCOURAGE ALL CITIZENS TO COMMEMORATE LAW ENFORCEMENT OFFICERS PAST AND PRESENT WHO BY THEIR FAITHFUL IN LAW, LOYAL DEVOTION TO THEIR RESPONSIBILITIES, HAVE RENDERED A DEDICATED SERVICE TO OUR COMMUNITY AND IN COMMUNITIES ACROSS THE NATION.

GOOD EVENING, EVERYBODY. IT IS ABSOLUTELY AN HONOR TO STAND HERE AS YOUR POLICE CHIEF, EXCEPT IN THIS PROCLAMATION.

I WANT TO THANK COUNCILMAN FOSTER, MAYOR MEDINA AND THE REST OF COUNCIL FOR SUPPORTING THIS PROCLAMATION. IT'S IMPORTANT FOR US AND OUR MEN AND WOMEN TO BE RECOGNIZED WHENEVER WE CAN RECOGNIZE AND BASED ON THE WORK THAT THEY PUT FORTH EVERY DAY AND EVERY NIGHT.

LET ME START BY SAYING THIS.

I MAY HAVE TO PROMOTE YOU ON THE SPOT, ROB.

WHEN I CAME IN, HE TOLD ME, HE SAID, I'M GOING TO SING THE NATIONAL ANTHEM, IF YOU KNOW JOHN NEAL AT ALL, YOU WOULD KNOW HE'S PROBABLY KIDDING AROUND.

I'M LIKE, YEAH, WHATEVER. YOU JUST SANG IT.

I'M FLAWLESS. THANK YOU.

THAT WAS AWESOME. SO SOMETHING ELSE I WANT TO MENTION, BECAUSE THIS WEEK COMING UP IS ABOUT REMEMBERING THOSE THAT HAVE FALLEN THIS YEAR ALONE.

WE'VE LOST IN THIS COUNTRY 120 POLICE OFFICERS LAST YEAR, 362.

SADLY, A LOT OF THEM DUE TO THE COVID EPIDEMIC THAT STRUCK US ALL, SO WE WERE ALSO IMPACTED BASED ON THE FACT THAT POLICE OFFICERS THROUGHOUT THE COUNTRY DIDN'T HAVE THE LUXURY OF TELEWORKING WORKING FROM HOME.

THEY WERE OUT THERE IN THE STREETS PROTECTING US ALL.

SO IT'S IMPORTANT THAT THESE EVENTS, THAT THESE PROCLAMATIONS ARE AS IMPORTANT AS I SEE THEM, BECAUSE IT'S THAT LEVEL OF SUPPORT THAT YOU OFFER US THAT KEEPS US GOING.

WE DON'T NEED PARADES.

WE DON'T NEED AWARDS PERSAY.

WE NEED THE SUPPORT AND BACKING THE COMMUNITY WE SERVE.

AND WE SEE THAT DAY AND NIGHT FROM ALL OF YOU, FROM THOSE THAT ARE WATCHING, I URGE YOU, DESPITE EVERYTHING THAT'S GOING ON IN THIS COUNTRY.

BUT I DON'T NEED TO SPEAK ABOUT NOT TO ALLOW THAT TO POLARIZE THIS COMMUNITY.

THIS COMMUNITY IS A HARDWORKING COMMUNITY AND CONTINUES TO COME TOGETHER DURING TIMES OF CHALLENGE AND STRIFE. LET'S KEEP THAT GOING.

I WANT TO PERSONALLY THANK THE MEN AND WOMEN THAT I WORK WITH.

I'M HUMBLED TO SERVE AS THEIR CHIEF, AS AN ADMINISTRATOR.

I NO LONGER WORK THE STREETS, ALTHOUGH I MISS IT AND SO AT ALL AT WHAT THEY DO DAY IN AND DAY OUT. AND THEY ABSOLUTELY DESERVE THIS AND MORE.

THANK YOU FOR SHARING THIS MOMENT WITH US AND THANK YOU ALL FOR SERVING THE WAY YOU CONTINUE TO SERVE. I APPRECIATE YOU.

AND I LOVE YOU. THANK YOU.

[00:55:13]

ALSO, JOHN, I THINK YOU'LL BE SINGING THE NATIONAL ANTHEM MORE OFTEN THAN NOT, SIR.

SO PASTOR KEN DELGADO, SENIOR PASTOR OF THE HOUSE, THE FORWARD.

NOTICE AND PROCLAMATION OF NATIONAL DAY OF PRAYER, IT IS HEREBY PROCLAIM BY THE MAYOR OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, THAT WHEREAS THE FIRST NATIONAL DAY OF PRAYER WAS PROCLAIMED IN 1775 BY THE SECOND CONTINENTAL CONGRESS SO THAT ALL AMERICANS OF EVERY RELIGIOUS DENOMINATION AND BACKGROUND MAY PRAY FOR GOD'S CONTINUING LOVE AND MERCY UPON OUR LAND, FOR IT IS WRITTEN IN PSALMS 33 12.

BLESSED IS THE NATION WHOSE GOD IS THE LORD, AND THAT EVERY YEAR THE NATIONAL DAY OF PRAYER IS PROCLAIMED BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

AND WHEREAS THE NATIONAL DAY OF PRAYER IS AN ANNUAL OBSERVANCE.

HELD ON THE FIRST THURSDAY OF MAY, IT IS BASED ON FEDERAL STATUTE, WHICH IS WHICH WAS FIRST SIGNED INTO LAW BY PRESIDENT HARRY S.

TRUMAN IN 1952.

THE STATUTE READS AS FOLLOWS.

THE PRESIDENT SHALL ISSUE EACH YEAR PROCLAMATION, DESIGNATING THE FIRST THURSDAY OF MAY AS THE NATIONAL DAY OF PRAYER ON WHICH PEOPLE THROUGHOUT THE UNITED STATES OF AMERICA MAY TURN TO GOD IN PRAYER AND MEDITATION AT CHURCHES, IN GROUPS AND AS INDIVIDUALS.

AND WHEREAS THE DECLARATION OF INDEPENDENCE, SIGNED BY THE US CONTINENTAL CONGRESS IN JANUARY 6TH, 18TH, 1777, ESTABLISHED A NATION IN HUMBLE BEGINNINGS ON THE BELIEF THAT OUR CREATOR HAVE ENDOWED US WITH CERTAIN UNALIENABLE RIGHTS, THAT AMONG THESE ARE THE PURSUIT AND LIBERTY, THE PURSUIT OF HAPPINESS.

THE CITY OF PALM BAY WAS INCORPORATED IN JANUARY 16 NINETEEN SIXTY FOR THIS VERY PURPOSE, AS STATED IN THE PREAMBLE OF THE CITY CHARTER, WHEREAS ALL OF US HAVE THE FREEDOM TO PRAY AND EXERCISE OUR FAITH EQUALLY.

LET US GIVE THANKS FOR THE FREEDOM TO PRACTICE OUR FAITH AS WE SEE FIT.

WHETHER INDIVIDUALLY OR IN FELLOWSHIP AND WHEREAS WE PRAY FOR THE SAFETY OF OUR BRAVE MEN AND WOMEN IN UNIFORM FOR THEIR LOVED ONES, FOR THEIR SPEEDY RECOVERY OF OUR WOUNDED WARRIORS, LET US ALSO PRAY FOR OUR POLICE OFFICERS, OUR FIREFIGHTERS AND OTHER FIRST RESPONDERS WHO PUT THEMSELVES IN HARM'S WAY TO PROTECT THEIR FELLOW AMERICANS.

LET US COME TOGETHER TO PRAY FOR PEACE AND GOODWILL AS WE WORK TO MEET THE GREAT CHALLENGE OF THIS TIME.

NOW, THEREFORE, I AM MEDINA MAYOR OF THE GREATEST CITY ON THE FACE OF THE EARTH, WHICH WE CALL PALM BAY BY VIRTUE OF THE AUTHORITY OF SAID OFFICE, DO HEREBY PROCLAIM MAY SIX 2021 AS NATIONAL DAY OF PRAYER IN THE CITY OF PALM BAY, FLORIDA, AND ENCOURAGE ALL ITS CITIZENS TO GIVE THANKS.

IN ACCORDANCE. WITH THEIR OWN FAITH.

AND THE MANY FREEDOMS AND BLESSINGS AND IN ASKING FOR GOD, CONTINUE GRACE, MERCY AND PROTECTION. AND WHEN THIS HERO, IF I SET MY HAND AND CALLS THE SEAL OF THE CITY OF PALM BAY TO BE A FIX THE SIXTH DAY OF MAY 20 21.

GOD BLESS YOU. THANK YOU.

ON BEHALF OF SOUTH KOREA MINISTERIAL ASSOCIATION, OF WHICH I'M THE PRESIDENT OF ALL THE CHURCHES HERE IN SOUTH BOVARD, WE ARE SO THANKFUL MAYOR AND COUNCIL MEMBERS FOR THIS GREAT PROCLAMATION.

I'M ALWAYS REMINDED OF THE REALITY THAT WHEN THEY MADE THE DECLARATION OF INDEPENDENCE, IT WAS NOT DONE BY SIMPLY TALKING.

THEY ACTUALLY SPENT HOURS EVERY DAY PRAYING TO PRODUCE A DECLARATION OF INDEPENDENCE THAT HAD NEVER BEEN SEEN BEFORE AND HAS NEVER WORKED AS WELL AS IT HAS HERE IN THIS GREAT UNITED STATES OF AMERICA.

AND SO I'M THANKFUL THAT WE HAVE IN THIS OPPORTUNITY OR THIS DAY AN OPPORTUNITY TO PRAY.

[01:00:02]

AND WE'RE THANKFUL THAT WE HAVE THIS OPPORTUNITY TO RECOGNIZE THE REALITY THAT WHEN THE PILGRIMS CAME, THEY CAME AND THEY PRAYED BECAUSE I BELIEVE PRAYER CHANGES THINGS.

SOME PEOPLE SAY, NO, IT DOESN'T.

WELL, IF IF THEY BELIEVE IT DOESN'T, THEY'RE TOO LATE TO TELL ME BECAUSE I'VE I'VE ALREADY SEEN HOW PRAYER HAS CHANGED MY LIFE AND THE LIVES OF THOSE THAT WE'RE ASSOCIATION WITH. SO THANK YOU.

THANK YOU, MAYOR. THANK YOU, COUNCIL MEMBERS.

AND THANK YOU, CITIZENS OF PALM BAY, WHICH WE DO URGE YOU TO GO AHEAD AND PRAY AS YOUR FAITH DICTATES.

SO I'D LIKE TO CALL UP MR. MRS. SMITH. FOR THIS PROCLAMATION IS REGARDING WOMEN'S LUNG HEALTH WEEK.

MONICA. NOTICE AND PROCLAMATION OF WOMEN'S LUNG HEALTH WEEK, MAY 9TH, THROUGH THE 15TH, 20 21, IT IS HEREBY PROCLAIM BY THE MAYOR OF THE CITY OF PALM BAY, RIVERSIDE COUNTY, THAT WHEREAS LUNG CANCER IS THE LEADING CAUSE OF CANCER DEATHS FOR WOMEN AND MEN, AND WHEREAS EVERY FOUR MINUTES AND 40 SECONDS A WOMAN IN THE UNITED STATES IS DIAGNOSED WITH LUNG CANCER AND WHEREAS ADVOCACY AND INCREASE AWARENESS WILL RESULT IN SCREENING FOR THOSE AT HIGH RISK AND EARLY DETECTION, THAT WILL ULTIMATELY SAVE LIVES.

AND WHEREAS PUBLIC SUPPORT FOR RESEARCH FUNDING WILL RESULT IN BETTER TREATMENT METHODS AND NEWLY NEW EARLY DETECTION METHODS THAT WILL ULTIMATELY SAVE LIVES.

AND WHEREAS.

LONG FORCE IS A NATIONAL INITIATIVE LED BY THE AMERICAN LUNG ASSOCIATION TO DEFEAT LUNG CANCER. NOW, THEREFORE, I, RON MEDINA, MAYOR OF THE CITY OF PALM BAY, BY VIRTUE OF THE SAID AUTHORITY, DO HEREBY PROCLAIM MAY 9TH THROUGH 15, 20, 21 AS WOMEN'S LUNG HEALTH WEEK IN THE CITY OF PALM BAY AND ENCOURAGE ALL OUR RESIDENTS TO LEARN MORE ABOUT LUNG CANCER RISK FACTORS AND SCREENING OPTIONS.

IN WINDSHEAR OF I SET MY RIGHT HAND AND CAUSED THE SEAL OF THE CITY OF PALM BAY TO BE AFFIXED ON THE SIXTH DAY OF MAY.

2021. MR. SMITH, PLEASE CONGRATULATE.

A FACT TO FOLLOW FROM THE POLICE.

HI, MY NAME IS DEBORAH SMITH, THANK YOU FOR HAVING ME HERE TONIGHT.

I WAS DIAGNOSED WITH STAGE FOUR EGERT EGFR LUNG CANCER THREE YEARS AGO AT THE AGE OF 55.

NEVER SMOKED A DAY IN MY LIFE.

I'M A WIFE, A MOTHER OF TWO AND A TEACHER AT CENTRY ELEMENTARY IN BOVARD SCHOOLS.

WHEN I WAS DIAGNOSED, MY WORLD TURNED UPSIDE DOWN.

I EXERCISE FREQUENTLY, I EAT HEALTHY AND OVERALL TAKE GOOD CARE OF MYSELF.

THE BOTTOM LINE IS, IF YOU HAVE LUNGS, YOU CAN GET LUNG CANCER.

IT'S AS SIMPLE AS THAT.

LUNG CANCER IS THE NUMBER ONE KILLER IN MEN AND WOMEN IN THE WORLD OF THOSE NUMBERS, ALMOST 20 PERCENT EXCUSE ME, ARE NEVER SMOKERS JUST LIKE MYSELF.

MY KIND OF LUNG CANCER IS TREATABLE, BUT NOT CURABLE.

I WAS DIAGNOSED THREE YEARS AGO AND STILL CONTINUE TO TEACH FIRST GRADE TODAY.

MY HUSBAND AND I VOLUNTEER WITH THE AMERICAN LUNG ASSOCIATION TO RAISE LUNG CANCER AWARENESS AND FUNDING FOR RESEARCH.

LUNG CANCER RESEARCH HAS MADE INCREDIBLE STRIDES IN THE LAST 10 YEARS, BUT MORE IS NEEDED. THE PURPOSE OF THIS PROCLAMATION IS TO INCREASE LUNG CANCER AWARENESS AND MAKE ALL LUNG CANCERS TREATABLE AND CURABLE.

THANK YOU SO MUCH FOR THIS OPPORTUNITY.

[01:05:02]

OF ECONOMIC DEVELOPMENT WEEK.

I'M EXCITED ABOUT THIS ONE AS WELL.

MAY 9TH THROUGH THE 15TH, IT IS HEREBY PROCLAIM BY THE MAYOR, THE CITY OF PALM BAY BREVARD COUNTY, WHEREAS THE INTERNATIONAL ECONOMIC DEVELOPMENT COUNCIL IS CELEBRATING ITS NINETY FIFTH ANNIVERSARY IN 2021 NINETY 95 YEARS OLD.

WHEREAS THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AT THE CITY OF PALM BAY PROVIDES LEADERSHIP AND EXCELLENCE IN ECONOMIC DEVELOPMENT FOR LOCAL BUSINESSES, OUR LOCAL PARTNERS AND RESIDENTS CAPITALIZING ON PALM BAY STRENGTHS AND OPPORTUNITIES WHILE MITIGATING WEAKNESSES AND THREATS IN A COMPETITIVE ECONOMIC DEVELOPMENT ENVIRONMENT AND MORE ECONOMIC DEVELOPMENT.

PRACTITIONERS PROMOTE ECONOMIC WELL-BEING AND QUALITY OF LIFE FOR THEIR COMMUNITIES BY CREATING, RETAINING AND EXPANDING JOBS THAT FACILITATE GROWTH, ENHANCE WEALTH AND PROVIDE A STABLE TAX BASE.

WHEREAS ECONOMIC DEVELOPMENT PRACTITIONERS ENCOURAGE AND FACILITATE ENTREPRENEURSHIP IN ORDER TO HELP ESTABLISH THE NEXT GENERATION OF NEW BUSINESSES.

WHEREAS ECONOMIC DEVELOPMENT PRACTITIONERS ARE ENGAGED IN A WIDE VARIETY OF SELLINGS, INCLUDING RURAL AND URBAN, LOCAL, STATE, PROVINCIAL AND FEDERAL GOVERNMENT, PUBLIC PRIVATE PARTNERSHIPS, CHAMBERS OF COMMERCE, UNIVERSITIES AND A VARIETY OF OTHER INSTITUTIONS. AND WHEREAS ECONOMIC DEVELOPMENT PRACTITIONERS ATTRACT AND RETAIN HIGH QUALITY JOBS, DEVELOP VIBRANT COMMUNITIES AND IMPROVE THE QUALITY OF LIFE WITHIN THEIR REGION. NOW, THEREFORE, I DRAW MEDINA MAYOR OF THE CITY OF PALM BAY BY VIRTUE OF THE AUTHORITY OF SET OFFICE, DO HEREBY PROCLAIM MAY 9TH THROUGH THE 15, 20, 21 AS ECONOMIC DEVELOPMENT WEEK IN THE CITY OF PALM BAY AND REMIND INDIVIDUALS OF THE IMPORTANCE OF THIS PROFESSION IN EXPANDING CAREER OPPORTUNITIES AND IMPROVING OUR QUALITY OF LIFE.

CONGRATULATIONS, DANIEL.

THANK YOU. THANK YOU ON BEHALF OF THE ECONOMIC DEVELOPMENT VISION.

THANK YOU, MAYOR AND COUNCIL, FOR THIS RECOGNITION.

AS A PALM BAY NATIVE MYSELF, BORN AND RAISED, I'VE BEEN ABLE TO SEE QUITE A BIT OF GROWTH THROUGHOUT THE YEARS, ESPECIALLY THE LAST FEW YEARS.

AND I'M ABSOLUTELY HONORED TO BE PART OF THE TEAM TO HELP SEE IT GROW AND CONTINUE TO GROW. THAT BEING SAID, WE STILL HAVE A LOT OF ROOM TO GROW.

BEING THE LARGEST CITY IN BROWARD COUNTY, WE HAVE 88 SQUARE MILES AND ONLY 40 PERCENT BUILT OUT WITH 120000 RESIDENTS.

SO IT LEAVES A LOT OF A LOT OF POTENTIAL FOR COMMERCIAL GROWTH.

SO IN A SENSE, WE'RE ROLLING OUT THE WELCOME MAT FOR FOUR BUSINESSES.

AND LASTLY, THIS WEEK IS ALSO NATIONAL SMALL BUSINESS WEEK, AS RECOGNIZED BY THE U.S.

SMALL BUSINESS ADMINISTRATION.

SO I ALSO WANT TO ACKNOWLEDGE AND THANK OUR LOCAL BUSINESS COMMUNITY FOR PICKING PALM BAY AS THEIR AS THEIR HOME.

THANK YOU.

IF AN OPPORTUNITY FOR THOSE TO GO AHEAD AND EXIT, IF THEY HAD TO.

PUBLIC COMMENTS, DEPUTY MAYOR JOHNSON, THAT'S THE KINDERGARTEN.

[PUBLIC COMMENTS/RESPONSES:]

IN HONOR OF MR. SPELLMAN. WHEN A QUOTE FROM BENJAMIN FRANKLIN AS RECORDED BY JAMES MADISON IN 1787.

THE COACH SAYS THIS IN THE CONTEST WITH GREAT BRITAIN, WE HAD DAILY PRAYER IN THIS ROOM FOR DIVINE PROTECTION.

OUR PRAYER, SIR. WERE HEARD AND GRACIOUSLY ANSWERED.

AND HOW HAVE WE NOW FORGOTTEN THE POWERFUL FRIEND OR DO WE IMAGINE THAT WE NO LONGER NEED

[01:10:06]

I THINK THAT IS THE THE EPITOME OF OF PRIDE, OF MAN THAT WE AS PEOPLE CAN THINK THAT WE KNOW EVERYTHING AND CAN DO EVERYTHING WITHOUT GOD MAKING OURSELVES GOD.

TODAY, I JUST WANT TO REMIND US OF ME PERSONALLY ON THIS NATIONAL DAY OF PRAYER, THE REALITY THAT WE STILL NEED GOD IN EVERY DECISION THAT WE MAKE.

I'M REMINDED OF PROVERBS CHAPTER THREE AND VERSE FIVE, TRUST IN THE LORD WITH ALL YOUR HEART, AND NOT UNTIL YOUR OWN UNDERSTANDING IN ALL YOUR WAYS ACKNOWLEDGE HIM AND HE WILL DIRECT YOUR PATHS.

MAY I JUST SAY THAT WE AS A CHURCH PRAY FOR YOU BECAUSE WE BELIEVE THAT YOU NEED THE WISDOM OF GOD THE SAME TIME.

I KNOW THAT YOU ALL ARE FAITH PEOPLE AND THAT YOU ALSO PRAY.

AND WE BELIEVE THAT AS YOU ACKNOWLEDGE GOD IN EVERY DECISION, AS WE MOVE THIS GREAT PALM BAY FLOOR FORWARD IN UNITY AND IN UNISON, THAT GREAT THINGS COME FOR THIS FOR THIS CITY.

JUST AGAIN, TO REMIND THAT AS WE TRUST IN THE LORD, AS WE BRING OUR THOUGHTS, OUR NEEDS TO THE LORD AND ACKNOWLEDGE HIM IN THE MIDST OF EVERY SITUATION AND EVERY DECISION THAT INDEED WE CAN RECEIVE FROM ABOVE THE WISDOM THAT WE NEED SO THAT HE CAN AND WILL DIRECT OUR PANTS. THANK YOU FOR DOING WHAT YOU DO.

WE APPRECIATE YOU. GOD BLESS YOU.

THANK YOU. ANNE-MARIE FRAZIER.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS, THANK YOU.

MY NAME IS ANDREW FRASER, FOUR FIVE ONE OCEANSIDE STREET SOUTHWEST.

SO FIRST OF ALL, I WANT TO SAY THANK YOU ALL FOR HONORING ECONOMIC DEVELOPMENT WEEK.

SO MY POINT THAT I'M COMING UP TO TALK ABOUT IS THE GROWTH WITHIN OUR CITY AS COMPARED TO RESIDENTIAL VERSUS COMMERCIAL AND INDUSTRIAL.

JUST WANT TO START OFF BY SAYING I AM A ONE.

AND RAISED IN MIAMI, FLORIDA, FORT LAUDERDALE AREA, MOVED UP HERE TWO YEARS AGO.

SO I KNOW WHAT GROWTH LOOKS LIKE.

I KNOW WHAT GENTRIFICATION LOOKS LIKE.

AND UNFORTUNATELY, PALM BAY IS HEADED IN THAT DIRECTION, LACKING THE BUSINESS, THE COMMERCIAL AND INDUSTRIAL SIDE.

SO JUST THE BACKGROUND INFORMATION, TAX REVENUE, RULE OF THUMB, WHEN YOU START TALKING ABOUT IT FROM A COMMUNITY DEVELOPMENT SIDE, MY EXPERIENCE IS IN PUBLIC PROCUREMENT.

SO I'M VERY VERSED IN PUBLIC KNOWLEDGE.

FOR EVERY DOLLAR OF TAXES PAID ON RESIDENTIAL PROPERTIES, THE CITY DOES SPEND ABOUT 50 CENTS. WHEN WE START TO TALK ABOUT UTILITIES, WHETHER IT BE ROADS, RECREATION, PUBLIC SAFETY, THINGS ALONG THAT LINE FOR EVERY DOLLAR OF TAXES PAID BY A COMMERCIAL PROPERTY, THE CITY SPENDS ABOUT 50 CENTS TO BE ABLE TO TAKE CARE OF THAT THAT PROPERTY OR BE ABLE TO SERVICE THEM. FOR EVERY DOLLAR OF TAXES PAID ON AN INDUSTRIAL PROPERTY, THE CITY SPENDS ABOUT TWENTY FIVE CENTS.

SO AS WE SIT HERE AND WE TALK ABOUT EVERY DOLLAR BEING PAID BY OUR RESIDENTIAL, THE CITY IS NOW PUTTING OUT ABOUT A DOLLAR AND 50.

YOU GUYS DO THE MATH.

I MEAN, I'M NOT A MATHEMATICIAN, BUT I KNOW THAT PUTTING OUT AN ADDITIONAL 50 CENTS PER RESIDENTIAL HOME IS A BIT MUCH.

SO, AGAIN, THAT'S JUST A RULE OF THUMB FOR US TO BE ABLE TO SEE WHAT THAT LOOKS LIKE, WHAT THAT LOOKS LIKE. SO I THEN GOT FURTHER CURIOUS BECAUSE THAT'S ME.

SO I WENT AHEAD AND I LOOKED AT CITY OF MELBOURNE, CITY OF VERO BEACH AND CITY OF ORLANDO, AS WELL AS OUR CITY.

SO WHEN I LOOKED AT OUR TAX REVENUE BASED OFF OF OUR POPULATION AND THE AMOUNT THAT OUR TAX REVENUE IS OF OUR GENERAL FUND, I CAME TO I COME TO FIND OUT THAT THE CITY OF PALM BAY, OUR POPULATION IS BASED OFF OF WHAT IS FOUND IN OUR BUDGET BOOK.

AND THIS IS ALL THE INFORMATION THAT I FOUND FROM ALL FOUR CITIES BUDGET BOOKS, ONE HUNDRED AND EIGHTEEN THOUSAND FIVE HUNDRED SIXTY EIGHT THOUSAND RESIDENTS.

WE HAVE A REVENUE OF ABOUT THIRTY FIVE MILLION.

YOU CAN SAY CITY OF MELBOURNE IS ABOUT EIGHTY THREE THOUSAND EIGHT HUNDRED EIGHTY ONE RESIDENTS AND THEIR TAX BASE, THEY'RE MAKING THIRTY SEVEN MILLION.

SO YOU DO THE MATH.

SYDNEY AND VERO BEACH, EIGHTEEN THOUSAND ONE HUNDRED AND FIVE POPULATION.

THEIR TAX REVENUE IS ABOUT SEVEN MILLION.

CITY OF ORLANDO, TWO HUNDRED AND NINETY THREE EIGHT HUNDRED NINETY THREE THOUSAND EIGHT HUNDRED AND FIFTY EIGHT IS THEIR POPULATION.

THEIR REVENUE IS ABOUT TWO HUNDRED AND THIRTY NINE MILLION DOLLARS.

SO WHEN YOU START TO LOOK AT WHAT WE HAVE AS FAR AS THE PEOPLE THAT WE HAVE HERE AND WE ARE CONTINUING TO GROW, WE CURRENTLY HAVE, I THINK, ABOUT 16 DEVELOPMENTS UNDER CONSTRUCTION. BUT THAT'S GOING TO ADD ABOUT A THOUSAND EIGHT HUNDRED AND EIGHTEEN UNITS TO OUR AND WE ALREADY HAVE ALL OF THESE INDIVIDUALS HAS THE POPULATION, AND WE'RE NOT MAKING ANYWHERE CLOSE TO WHAT OTHER CITIES SURROUNDING US ARE DOING.

[01:15:04]

THANK YOU. WELL, THANK YOU, MA'AM.

I APPRECIATE YOUR COMMENTS AND WELCOME TO PALM BAY.

WE ALSO RECOGNIZE THE BEDROOM STIGMA THAT WE'VE HAD IN THE PAST.

AND AND THIS COUNCIL IS COMMITTED TO WORKING THROUGH THAT AND INCREASING OUR COMMERCIAL BASE. AND ALSO, I'D LIKE TO TO ENCOURAGE YOU TO BE PART OF OUR COMPREHENSIVE PLAN AMENDMENT PROCESS WHERE WE WILL BE START DISCUSSING WHERE OUR LIGHT INDUSTRIAL, INDUSTRIAL AND COMMERCIAL WILL BE PART OF THAT PROCESS.

MHM. YOU'RE WELCOME TO BE PART OF THAT.

LARRY, WOULD YOU RAISE YOUR HAND PLEASE.

HE CAN GET YOU PLUGGED IN TO THAT PROCESS.

THANK YOU MA'AM. REAL QUICK.

WHEN WE DO SCHEDULE THESE MEETINGS FOR THE COMPREHENSIVE PLAN, THIS IS DIRECTED TOWARDS OUR CITY MANAGER. WE MAKE SURE WE'RE ANNOUNCING THEM AT EVERY CITY COUNCIL MEETING OR ANY CHANCE WE GET BECAUSE IT'S BEEN A LONG TIME COMING.

LIKE THE MAYOR SAID, IT'S BEEN A LONG TIME COMING.

AND SHE RAISED SOME GREAT CONCERNS REGARDING IT AND OTHERS HAVE AS WELL.

SO I JUST WANT TO MAKE SURE AS MANY PEOPLE CAN BE AT THE TABLE, WHICH WE'VE TALKED ABOUT IT BECAUSE IT AFFECTS ALL OF US.

SO THANK YOU. AND COME, COME.

THAT'S IT. WE'RE MOVING INTO THE PUBLIC HEARINGS.

[PUBLIC HEARINGS:]

THANK YOU. I WANT TO OPEN UP THIS THIS PORTION OF THE PUBLIC HEARING.

SHERMAN. I'M SORRY, MAYOR, WE ARE IN ROUND ONE.

I THINK THAT WAS THE QUASI JUDICIAL FORUM, ITEM FIVE.

I'M NOT MISTAKEN. WANT TO CLARIFY? PUBLIC HEARING NUMBER ONE.

COMPLETING AN EVALUATION AND APPRAISAL REPORT.

OH, I'M SORRY, I'VE GOT MY 20, 21, 28 AND 20, 21, ZERO EIGHT MIXED UP.

MY APOLOGIES. ORTON IS 2021, DASH ZERO EIGHT IN AUDIENCE WITH THE CITY OF PALM BAY BURAK COUNTY, FLORIDA, MEANING THE CODE OF ORTIZ'S TITLE SEVENTEEN LAND DEVELOPMENT CODE, CHAPTER ONE EIGHTY THREE COMPREHENSIVE PLAN REGULATIONS, SECTION ONE EIGHTY THREE POINT ZERO ONE. COMPREHENSIVE PLAN SUBSECTION C ADOPTION OF COMPREHENSIVE PLAN.

PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF WITNESSES IN CONFLICT HERE WITH PROVIDED FOR AN EFFECTIVE DATE.

LIKE TO OPEN UP THE PUBLIC HEARING MEDINA SHERMAN, THANK YOU, MAYOR.

THIS IS THE SECOND FINAL READING FOR A REVISION THAT WE WERE MAKING TO ALLOW US TO HAVE TIME TO WORK THROUGH THE UPDATE TO THE COMPREHENSIVE PLAN THAT WE ACTUALLY SPOKE ABOUT A LITTLE BIT AGO. SO ESSENTIALLY, THIS IS APPROVAL THAT WILL ALLOW US TO UPDATE OUR OUTDATED REFERENCES, BRING THE COMPREHENSIVE PLAN TO COMPLIANCE WITH STATE STATUTORY REQUIREMENTS AND DEADLINES.

AND I'M HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU. EMILY FRAIZER.

FINALLY, ANDREW FRASER, AGAIN, FOUR OR FIVE, ONE OCEANSIDE STREET SOUTHWEST, SO REALLY QUICKLY, I KNOW THIS IS THE FINAL READING, BUT JUST ALSO WANT TO AGAIN, COME AGAIN AND GIVE SOME INFORMATION AND PUT IT ON THE RECORD.

SO A COMPREHENSIVE PLAN DOCUMENT IS THE CITY'S OVERALL POLICY FOR GROWTH AND DEVELOPMENT AND SHOULD ESTABLISH GOALS, OBJECTIVES AND POLICIES THAT ONE GUIDE FUTURE GROWTH AND DEVELOPMENT WITHIN THE CITY.

THAT INCLUDES ALLOWABLE DENSITIES, LAND USES ROAD STANDARDS, DISCOURAGE THE PROLIFERATION OF URBAN SPRAWL, PROTECT VITAL NATURAL RESOURCES SUCH AS ENVIRONMENTALLY SENSITIVE LANDS AND AQUIFER RECHARGE AREAS, ENHANCE COMMUNITY CHARACTER THROUGH ARCHITECTURAL AND DESIGN STANDARDS, IDENTIFY NEEDED PUBLIC SERVICES AND REVENUES BASED ON PROJECTED POPULATION AND EMPLOYMENT GROWTH, AND MEET COMMUNITY EXPECTATIONS REGARDING OTHER IMPORTANT ISSUES SUCH AS SIDEWALKS, STREET LIGHTS, HOUSING TYPES AND OTHER ISSUES.

ALL RIGHT. SO FOR THE SIZE AND GROWTH OF FOR THE SIZE AND THE RATE OF GROWTH WITHIN OUR CITY, PALM BAY SHOULD BE A PLACE TO LIVE, WORK AND PLAY.

THERE IS NO REASON WHY WE ARE NOT ATTRACTING BIGGER AND BETTER COMMERCIAL BUSINESSES, AS I HAD SAID BEFORE.

THERE IS A LOT OF THINGS.

SO AS WE LOOK AT IT, THE CITY OF PALM BAY, OUR COMPREHENSIVE PLAN WAS ADOPTED IN 2001, WHICH WAS FOR 18 YEAR COVERAGE PERIOD OF 2001 TO 2011.

[01:20:04]

PALM BAY POPULATION WAS AT EIGHTY THOUSAND SEVEN HUNDRED AND TEN, WHICH SINCE THEN, UNTIL NOW, IT'S BEEN A FORTY FIVE POINT ONE PERCENT GROWTH.

I FEEL LIKE AT THIS POINT IT IS WE ARE WELL OVER 10 YEARS.

SO BETWEEN THEN AND NOW WE SHOULD HAVE HAD TWO NEW COMPANIES.

YOU SHOULD HAVE HAD TWO NEW COMPREHENSIVE PLANS.

SO THE FACT THAT WE KEEP GOING THROUGH AN AMENDING AND NOT ACTUALLY COMPLETING A NEW COMPREHENSIVE PLAN, THAT'S ACTUALLY SUPER ALARMING.

WE ARE TO THE POINT NOW WHERE WE ARE APPROVING ALL OF THIS GROWTH OFF OF ROAD STANDARDS AND DIFFERENT STANDARDS FROM TWO THOUSAND ONE, WHICH IS ALARMING AGAIN.

SO I UNDERSTAND IT'S THE FINAL RATING, BUT I THINK WE NEED TO STOP KIND OF PUTTING BANDAIDS ON THINGS AND FIXING IT UP INSTEAD OF OCCURRING ADDITIONAL COSTS.

THE IN THINKING.

THANK YOU, MA'AM. BILL BURTON.

MILVERTON 586 OCEAN SPRAY STREET SOUTHWEST.

UNDER THE COMPREHENSIVE PLAN, THERE'S A COUPLE OF THINGS THAT I WANT TO MAKE SURE THAT ON, BECAUSE I'M NOT GOING TO BE ATTENDING EVERY ONE OF THOSE MEETINGS.

I KNOW HOW COME HOW COMPLEX THIS IS GOING TO BE.

BUT I LEARNED SOMETHING THE OTHER DAY THAT I THOUGHT IF I DIDN'T SAY IT NOW, BEFORE WE GET READY TO START THIS PROCESS, IT MIGHT BE AMIDST ALL THE APPROVAL THAT WE'RE WATCHING, DEVELOPMENTS COMING IN LEFT AND RIGHT.

AND THAT'S THE PROCESS.

WE KNOW THAT THERE'S GOING TO BE DEVELOPMENT, BUT A LOT OF THE IMPACT THE AND THE TRAFFIC IMPACT, THE STUDYING THIS GOING ON, IT WAS BROUGHT TO MY ATTENTION THAT WITHIN A CITY OF PALM BAY IS CURRENTLY USING THE ROAD RATING OF SEE IT ALL THE OTHER BIT, WHICH GIVES A MASSIVE AMOUNT OF TRAFFIC.

THEY CAN SAY, WELL, WE HAVEN'T MATCHED OUT.

WE HAVEN'T MAXED OUT YOUR GROWTH RATE YET.

IT'S BECAUSE WE'RE CARRYING A THRESHOLD THAT'S WAY UP HERE OF A RATING OF C WHEN EVERYBODY ELSE AROUND US IS USING A D OR ANY RATING.

SO WHAT HAPPENS IS DEVELOPERS DON'T HAVE TO PAY IN BECAUSE THEY HAVEN'T MET THE THRESHOLD OF THE INCREASED TRAFFIC, SO THEY'RE NOT PAYING IN.

SO MY RECOMMENDATION TO THAT AS PART OF THE SOLUTION, INSTEAD OF JUST COMPLAINING, IS THAT WE START LOOKING AT HOW THAT RATING OF C CAN BE LOWERED TO A D OR AN E.

IT'LL MEAN THAT PEOPLE ARE NOW HAVING TO PAY THE IMPACT THAT THEY'RE DUE, THAT THEY HAVE TO HAVE TO BE INSTEAD OF SAYING, WELL, YOU'RE AT BURAK.

A COMPREHENSIVE PLAN SAYS WE CAN GO CLEAR UP TO HERE.

WELL, THAT WAS GREAT WHEN WE WE'RE TRYING TO GET PEOPLE TO COME IN.

WELL, WE GOT THEM TO COME IN.

NOW WE'RE SUFFERING THE CONSEQUENCES OF THE FACT THAT THESE PEOPLE ARE HERE ON ROADS THAT ARE NOT EVEN 20 FEET WIDE IN SOME LOCATIONS YET.

WE'RE STILL CARRYING THE RATING THAT SAYS THEIR TRAFFIC CAN HANDLE IT BECAUSE IT WAS IN OUR AUDIENCES. THANK YOU VERY MUCH.

AND I APPLAUD ANYBODY WHO'S GETTING INVOLVED IN THIS BECAUSE IT'S GOING TO BE A BACKBREAKING, TIME CONSUMING, BORING READ PROCESS.

THANK YOU. THANK YOU.

SHE AND MADAM SHERMAN, YOU WANT TO ADDRESS A FEW OF THOSE TIMES? THANK YOU, SIR. YES. SO GREAT QUESTIONS AND COMMENTS.

I APPRECIATE THEM, LARRY.

JUST SO YOU KNOW, I'M GOING TO HAVE YOU COME UP IN A MOMENT.

I WOULD SAY THAT THE CITY IS DEFINITELY WE'RE WORKING ON A LOT OF THINGS THAT SHOULD HAVE BEEN DONE PREVIOUSLY TO BOTH OF YOUR POINTS.

SO ABSOLUTELY. THE COMPREHENSIVE PLAN, WHAT WE'RE GOING THROUGH NOW IS ACTUALLY NOT ANOTHER BAND-AID, NOT JUST AN AMENDMENT.

BUT I'LL HAVE LARRY COME UP AND TELL A LITTLE BIT MORE ABOUT WHAT WE'RE DOING.

WE'RE DOING A FULL FLEDGED VISIONING AND A FULL FLEDGED COMPREHENSIVE PLAN UPDATE, WHICH WE ARE ABSOLUTELY DUE FOR.

ALSO REGARDING THE ZERO CLASSIFICATION, WE ARE ABSOLUTELY ACTIVELY WORKING ON THAT.

JUST TALKING TO FRANK ABOUT IT EARLIER OR THE ENGINEER, HE WAS TASKED WITH GETTING THOSE UP TO DATE BECAUSE THE ROADS AND THEIR CLASSIFICATIONS HAVE NOT BEEN TRULY STUDIED COMPREHENSIVELY FOR QUITE SOME TIME AS WELL.

THAT IS PART OF THE COMPREHENSIVE PLAN, BUT THAT WOULD TECHNICALLY COME AT THE END.

SO WE ARE GOING TO TRY TO MOVE THAT UP AND WORK ON IT SOONER BECAUSE WE KNOW THAT WE'RE IN THAT TIME ISSUE AT THIS POINT.

SO APPRECIATE BOTH YOUR COMMENTS.

IF YOU DON'T MIND, I'D LIKE TO HAVE OUR GROWTH MANAGEMENT DIRECTOR, LARRY BRADLEY, COME UP. AND LARRY, IF YOU CAN JUST SHARE A LITTLE BIT ABOUT THE PROCESS WE'RE GOING THROUGH AND THE OPPORTUNITY FOR PUBLIC COMMENT AND SOME OF THAT INFORMATION.

GOOD EVENING, LARRY BRADLEY, GROWTH MANAGEMENT DIRECTOR.

SO WE STARTED THIS PROCESS BACK IN OCTOBER WHERE WE SELECTED A FIRM, A CONSULTING FIRM, SSME, OUT OF ORLANDO TO HELP US WITH THE PROJECT.

ONE OF THE FIRST TASKS THAT THEY DID WAS DO SOME DATA ANALYSIS, WENT THROUGH OUR EXISTING PLAN. IT REALLY HASN'T BEEN UPDATED FULLY SINCE 2001.

SO IT'S REALLY ALMOST 20 YEARS OVERDUE TO BE LOOKED AT.

SO WHAT WE'RE GOING TO BE DOING IS WE'RE GOING TO BE GOING THROUGH OF FIRST WE DID THE IR

[01:25:03]

YOU NEED TO MAKE SURE THAT YOUR COMP PLAN IS IN ALIGNMENT WITH STATE STATUTES.

AND WE HAVE DONE THAT. WE'VE MADE ALL THE NECESSARY AMENDMENTS TO OUR COMP PLAN.

I HAVE IN MY HAND THE LETTER FROM THE DEPARTMENT OF ECONOMIC OPPORTUNITY, WHICH SAYS THESE ARE THE TECHNICAL COMMENTS THAT THEY'D LIKE US TO ADDRESS.

I RESPONDED TO THEM AND SENT THEM A LETTER LAST MONTH WHICH THEY HAVE RECEIVED AND HAS BEEN FORWARDED TO COUNCIL AND CITY MANAGER.

SO THAT WAS REALLY THE FIRST STEP.

THE NEXT STEP IS TO VISIONING STUDY, WHICH WE HAVE ALREADY STARTED.

WE HAD A SERIES OF STAKEHOLDER MEETINGS LAST MONTH.

WE HAD FIVE DIFFERENT SESSIONS WITH DIFFERENT TARGETED GROUPS.

WE'VE GOT A LOT OF GOOD FEEDBACK AND THAT THEY'RE IN THE PROCESS RIGHT NOW.

OUR CONSULTANTS OF COMPILING ALL OF THOSE COMMENTS AND PROVIDING US WITH A REPORT IN JUNE, WE'RE GOING TO START THE FIRST PUBLIC SESSIONS ON THE VISIONING.

WE'RE GOING TO ACTUALLY HAVE THREE PUBLIC SESSIONS, ONE ABOUT IN JUNE, WHICH IS WHERE WE ARE NOW. AND THEN WE'RE GOING TO PROBABLY IN SEPTEMBER, COME BACK WITH A DRAFT OF THE VISION PLAN WHERE WE WHERE WE'D LIKE TO GO.

AND THEN PROBABLY BEFORE THE HOLIDAYS, I'D SAY NOVEMBER, DECEMBER, WE'RE GOING TO COME BACK IN WITH WHERE HOW DO WE GET THERE? AND THAT'S GOING TO BE THE FINAL VERSION OF VISIONING PLAN.

WE WILL HAVE PRESENTATIONS BOTH TO COUNCIL AND TO OUR PLANNING AGENCY, OUR PLANNING AND ZONING BOARD. AND THEN FROM THERE, THEN WE WILL GO INTO THE ACTUAL PLAN UPDATE WHERE WE WILL LOOK AT ALL OF THE POLICIES AND ALL THE DOCUMENTS AND ALL OF THE STATUTORY REQUIREMENTS. HOWEVER, THE WORLD DOESN'T STOP SPINNING.

SO SOME OF THE THINGS LIKE THE ROAD CLASSIFICATIONS, SOME OF OUR ZONING CATEGORIES, WE CAN'T WAIT FOR THAT PROCESS.

SO WE'RE GOING TO DO SOME OF THOSE THINGS WHILE WE'RE IN THE VISIONING.

I HOPE TO HAVE SAID THE FIRST DRAFT OF THE VISION IN SEPTEMBER.

AND ONCE WE GET THAT IN PLACE, THEN WE CAN REALLY START TO FIGURE OUT WHERE WE NEED TO MAKE ADJUSTMENTS EVEN WHILE WE'RE STILL WORKING ON THE COMP PLAN, BECAUSE DEVELOPMENT ISN'T GOING TO STOP. WE'RE NOT GOING TO PUT THE THE GATES UP AND SAY WE'LL WAIT TO THE CONFERENCE, THEN WE CAN'T DO THAT.

SO WE'RE GOING TO CONTINUALLY MAKE MODIFICATIONS EVEN WHILE WE'RE GOING THROUGH THIS PROCESS. BUT IN THE END, WE'RE GOING TO HAVE A NEW COMP PLAN COVER TO COVER, COMPLETELY REDONE, LOOKED AT EVERY POLICY AND REQUIREMENT WITHIN THERE AND COME UP WITH A WHOLE NEW VISION AND PLAN FOR THE CITY.

AND THAT'S REALLY ONCE THAT STARTS, THAT STARTS PROBABLY IN JANUARY, THAT I'LL PROBABLY BE ANOTHER 12 MONTH PROCESS.

AND THEN FROM THERE, ONCE THAT'S DONE, WE GO LOOK AT OUR LAND DEVELOPMENT REGULATIONS TOWARDS THE END. BUT WE'RE NOT AGAIN, WE'RE NOT GOING TO SIT ON OUR HANDS ON THAT EITHER.

WE HAVE CERTAIN LISTS.

I HAVE A LIST OF GIVENS, THE CITY MANAGER OF REGULATION CHANGES THAT WE NEED TO MAKE NOW, AND WE'RE WORKING ON THOSE AS WELL.

SOME OF THEM ARE COMING TO YOU TONIGHT AND SOME OF THEM WILL BE COMING TO YOU VERY SHORTLY. SO THAT'S A QUICK SUMMARY OF WHAT WE'RE DOING.

IT'S A LONG PROCESS, BUT WE HAVE LOTS OF POINTS.

WE'RE GOING TO HAVE PUBLIC INPUT.

WE'VE ESTABLISHED A WEBSITE IF YOU GO TO THE CITY WEBSITE, PALM BAY, PBL THAT FLORIDA PALM BAY PALM BAY, FLORIDA AUGUST VISION, YOU CAN YOU'LL BE LINK TO OUR WEB SITE.

AND IN THAT ON THAT WEBSITE, YOU CAN SEE THE TIMELINE.

YOU CAN MAKE COMMENTS.

THERE'S A LOT OF EXERCISES FOR THE PUBLIC TO GIVE US THEIR COMMENTS AND FEEDBACK, EVEN IF THEY CAN'T MAKE IT TO ONE OF OUR PUBLIC SESSIONS.

SO I ENCOURAGE EVERYBODY IF THEY WOULD LIKE TO PARTICIPATE NOW, THEY CAN GO TO THE WEBSITE AND START TO GIVE US YOUR COMMENTS, YOUR FEEDBACK, AND WE'LL BE MORE THAN HAPPY TO START COMPILING THAT INFORMATION AS WELL.

THANK YOU. THANK YOU, MR. JOHNSON. THANK YOU.

THIS QUESTION CAN BE FOR ONE OF THREE OR ALL THREE.

SO LAST TIME IT WAS UPDATED WAS IN 2001 AND IT WAS BACK AND I REMEMBER IT WAS BACK IN TWENTY EIGHTEEN THAT I MET WITH STAFF AND THEN I SPOKE TO COUNSEL SAYING THAT IT NEEDED TO BE UPDATED AGAIN.

AND THEN THAT'S WHERE COUNCILMAN BAILEY CORRECT ME IF I'M WRONG, SAYING THEY NEED TO BE UPDATED EVERY 10 YEARS OR SOMETHING ALONG.

YOU KNOW, WELL, YEAH, I WAS REFERRING BACK TO BECAUSE I HAD BEEN TRYING TO PUSH IT BEFORE AROUND HERE AND I REMEMBER HAVING TURN OVER, WE FINALLY HAVE STABILITY NOW.

SO SO MY QUESTION IS, DO WE NEED TO PUT AN ORDINANCE OR SOMETHING IN PLACE TO MAKE SURE IT'S MANDATORY THAT WE'RE UPDATING THIS EVERY 10 YEARS AND IT'S NOT ANOTHER 20 YEAR GAP OR SO TO THAT TO THAT END, DOES THE COUNTY DO IT EVERY FIVE YEARS? SO THAT'S THAT SHOULD BE WEIGHED IN OUR DISCUSSION AS WELL.

WELL, THERE'S A STATUTORY REQUIREMENT FOR THE SEVEN YEARS.

THAT'S THE ER PROCESS THAT'S WAS ACTUALLY ON YOUR AGENDA TONIGHT.

I THINK THE BEST WAY TO DO THIS WOULD BE TO CREATE AN IMPLEMENTATION COMMITTEE, WHICH IS WHAT I HAVE DONE IN THE PAST IN OTHER JURISDICTIONS WHERE I HAVE WORKED, WHERE YOU HAVE AN ONGOING IMPLEMENTATION PROGRAM.

ONCE YOU GET THE PLAN DRAFTED, YOU DON'T JUST STICK IT UP ON THE SHELF.

YOU WANT TO TAKE THOSE POLICIES, THOSE VISIONS, AND YOU WANT TO IMPLEMENT THEM.

[01:30:01]

AND THEY'RE NOT JUST SITTING IN A PLAN ON A SHELF FOR 20 YEARS.

I JUST THINK A DECADE IS TOO FAR.

I THINK WE NEED TO OWN IT IN, I BELIEVE, THE COUNTY IF THEY'RE NOT CURRENTLY DOING IT, BUT AT ONE POINT THEY WERE DOING IT EVERY FIVE YEARS AND CONTINUALLY WITH THOSE DISCUSSIONS IN A COMMITTEE TYPE SETTING.

SO I THINK WE COULD LEARN FROM FROM THAT PROCESS.

THE. IF YOU MAKE JOHNSON, IS THAT SOMETHING WE CAN START NOW, WE DON'T HAVE TO WAIT UNTIL EVERYTHING OR IS THAT HELP ME OUT? WELL, I, I WOULD SAY AT LEAST LET'S GET THE VISIONING PLAN STARTED WHEN I'VE BEEN FIXING THIS DRAFT, AS I SIT AROUND SEPTEMBER TIME FRAME, FROM THAT POINT FORWARD, WE'LL HAVE A BASIC BLUEPRINT OF WHERE WE'D LIKE TO GO.

AND IF THERE'S THINGS THAT WE WANT TO DO NOW, WE DON'T WANT TO WAIT FOR THE FINAL VERSIONING PLAN AND THE COMP PLAN, WHICH IS GOING TO COME UP PROBABLY A YEAR AFTER THAT.

WE CAN CERTAINLY MAKE TWEAKS HERE AND THERE.

BUT I THINK THE THE GOAL IS REALLY TO GO THROUGH THIS ENTIRE PROCESS AND THEN PUT IT ON SOME KIND OF SCHEDULE. BUT I UNDERSTAND THAT THERE ARE THINGS THAT WE NEED TO DO NOW.

THE ONLY THING I'M GETTING AT IS, YOU KNOW, I KIND OF WANT TO MAKE SURE ONCE IT'S ALL IN PLACE, WE'RE NOT IS NOT ANOTHER FEW MONTHS UNTIL WE GET THIS GOING LIKE IT'S READY TO JUST TAKE OFF FROM THERE.

SO THAT'S THAT'S WHY I WAS ASKING THAT QUESTION.

MAYOR OR COUNCILMAN BILL.

YEAH. AND I APPRECIATE WHAT THE MAYOR'S STATING NOW, BECAUSE THERE IS THERE'S A YOU KNOW, I CAME FROM A DIFFERENT STATE WHEN I REFERENCED A 10 YEAR STANDARD.

OBVIOUSLY, THAT THAT DOCUMENT HAD 10 YEAR WINDOW, THAT IT WAS APPLIED TO IT.

SO I'M SURE IT'S A SUSTAINER.

NO. HERE IN OTHER PLACES, TOO, BY HAVING A SEVEN YEAR KNOW, THAT'S FOR THE EARS.

THAT'S NOT NECESSARILY THE FULL REVIEW OF WHAT WE WANT TO CHANGE LOCALLY.

RIGHT. SO THAT'S WHAT WE'RE LOOKING AT.

SO AS FAR AS HAVING SOMETHING IN THERE, IS THAT SOMETHING THAT THE COMMITTEE CAN CONSIDER IN THE PROCESS OF HOW THEY WOULD LIKE THAT TO BE IMPLEMENTED, TO GET THERE, TO GET THE FEEDBACK FROM THOSE COMMUNITIES? YET THE VISIONING STUDY, THERE IS NO STATUTORY REQUIREMENT.

THE COMPLAINT HAS SPECIFIC ELEMENTS THAT YOU MUST TOUCH ON, BUT THE VISIONING STUDY IS KIND OF OPEN ENDED. WE CAN PUT IT IN WHATEVER WE THINK IS NECESSARY.

AND IF YOU WANT TO PUT IN INTO THE VISION A SORT OF A CHECK IN AT A CERTAIN POINT IN TIME, WHETHER IT'S FIVE YEARS, 10 YEARS, WHATEVER YOU THINK IS NECESSARY.

SURE, WE CAN ROLL THAT INTO THE VISIONING.

STUDY THE EAR ALL THE YEAR REALLY DOES IS MAKE SURE THAT YOUR PLAN HAS POLICIES THAT ARE REQUIRED AT THE STATE BASED ON STATE STATUTE.

BUT IT DOESN'T SAY THAT YOU HAVE TO LOOK AT THINGS WITHIN YOUR COMMUNITY THAT ARE NOT REQUIRED BY STATUTE.

SO THE VISIONING STUDY REALLY IS THE PART WHERE WE GET CREATIVE AND WE SAY, WHAT DO WE WANT OUR CITY TO LOOK LIKE? THAT'S REALLY WHAT THE VISIONING STUDY IS ABOUT.

DEFINITELY, I APPRECIATE THAT, DEBORAH.

THANK YOU, LARRY. I STAND BY MY COMMENTS.

DEFINITELY A DECADE TOO FAR AWAY, IN MY OPINION, FIVE TO SEVEN IS, YOU KNOW, BETTER TO BE LOOKING AT AS WE CONTINUE TO GROW.

WE'RE ONLY 40 PERCENT BUILT OUT.

EIGHTY EIGHT SQUARE MILES.

SO KEEPING THAT IN MIND, GENTLEMEN, I THINK THAT FIVE TO SEVEN YEAR OUT OF THAT VISION.

ANY OTHER QUESTIONS FROM LARRY? THANK YOU, SIR. THANK YOU.

IS THERE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? YOUR SPOKESMAN. YOU JUST SPOKE.

WHEN ELSE, NO OTHER SPEAKER CARDS.

CLOSING THE PUBLIC HEARING AND I'M ASKING FOR EMOTION TO PROVE WARREN IS 20 21 DASH 08 FINAL READ. NOT A MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN BAILEY.

OR THE DISCUSSION, GENTLEMEN.

HEARING NONE, I'M CALLING THE QUESTION ALL IN FAVOR, I AND HE OPPOSED.

AS IS UNANIMOUSLY ELSOM IN FOSTER, YOU STILL ON BOARD WITH US? YES, SIR. COPY THAT.

ALL RIGHT, SIR, I DIDN'T HEAR YOU.

WE'RE GOING FIRST I'D LIKE TO ADDRESS ITEM SIX WAS TABLED TO MAY 20TH FOR EACH AND EVERY ONE THAT WANTED TO SPEAK ON ITEM SIX ON THE AGENDA.

IT'S BEEN MOVED TO MAY 20 REGULAR COUNCIL MEETING.

MOVING ON TO ITEM NUMBER TWO.

WITNESS, 20, 21, 24, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, ACADIAN ABANDONING A PORTION OF THE REAR 20 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN THE EIGHT BLOCK NINE 12 PORT MALABAR UNIT 22, ACCORDING TO THE PLOT

[01:35:01]

LIKE THE OPEN THE PUBLIC HEARING.

AND HAVE THE APPLICANT STATE THEIR CASE.

MY NAME IS MURALI MARTE'S, I LIVE IN 948 SAUCONY STREET SOUTHEAST, AND WE JUST WE ASKED TO INSTALL A POOL AND THEY TOLD US THAT WE NEEDED IN A 10 FOOT EASEMENT.

AND THERE'S ALREADY 20 ON OUR PROPERTY AND 10 ON BEHIND THE FENCE.

SO WE'RE REQUESTING THE 10.

WE NEED TO BUILD OUR FULL.

THAT'S REALLY IT. THANK YOU, MADAM SHERMAN, YOU WANT TO SHARE ME? THANK YOU. YOUR STAFF SUPPORTS THE REQUEST AND THIS IS FINAL READING.

THANK YOU. THANK YOU.

YOU MAY BE SEATED NOW. IS THERE ANYONE THAT WISHES TO COME SPEAK FOR OR AGAINST THIS ITEM? ITEM NUMBER TWO ON THE AGENDA? IN AND HEARING NONE, I'M CLOSING THE PUBLIC HEARING AND ASKING COUNSEL FOR A MOTION MOTION IMPROVE ON ITS 20, 21, DASH 24 OR FINAL SECOND AT A MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN BAILEY.

ANY FURTHER DISCUSSION COUNCIL IN AND HEARING? NONE. I'M CALLING THE QUESTION ALL IN FAVOR.

I NEED BOTH.

PASSES IS UNANIMOUSLY ITEM NUMBER THREE, ADAM SMITH.

WITNESS 2021, DASH 26, AN AUDIENCE OF THE CITY OF PALM BAY, VARVARA COUNTY, FLORIDA, MEANING THE CODE OF AUTISTS, TITLE 17 LAND DEVELOPMENT CODE, CHAPTER 178 SIGNS ESTABLISHING PROVISIONS FOR WAYFINDING SIGNS AND MODIFYING LANGUAGE FOR WALL SIGNS PROVIDING FOR THE REPEAL OR ISSUS OR PARTS OF YOUR DECISION CONFLICT HERE WITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE. PROVIDING FOR AN EFFECTIVE DATE.

WHEN I OPEN UP THE PUBLIC HEARING AT THIS TIME AND MADAM SHERMAN, I'M GOING TO DEFER TO YOU. THANK YOU, MAYOR.

JUST IN BRIEF, THIS IS AN ORDINANCE TO MAKE IT EASIER FOR BUSINESSES TO HAVE MORE OPTIONS, BOTH FOR WAYFINDING SIGNS FOR THEIR BUSINESSES AND ALSO OPTIONS FOR WHERE THEY LOCATE SIGNS ON THEIR BUILDING AND THE SIZE OF THOSE SIGNS.

I'M HAPPY TO HAVE MORE DETAILS PRESENTED, IF YOU'D LIKE, AND BRING UP GROWTH MANAGEMENT DIRECTOR LARRY BRADLEY, IF YOU'D LIKE TO HEAR MORE DETAILS OR IF THERE ARE ANY QUESTIONS.

ASKED THE AUDIENCE IF THERE'S ANYONE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM.

WE'RE ON ITEM THREE. YOU KNOW, I'M CLOSING THE PUBLIC HEARING AND ASK FOR EMOTION, EMOTION, APPROVAL AND IS TAUNTING 2041 DASH 26 FIRST READ OUT A MOTION BY DEPUTY MAYOR JOHNSON SECONDED BY COUNCILMAN BAILEY.

ANY FURTHER DISCUSSION COUNCIL? IN THE HEARING, NONE, I'M CALLING THE VOTE ALL IN FAVOR, I OPPOSE.

IS UNANIMOUSLY WE'RE UP TO NUMBER FOUR, THIS IS QUADRI, YOU JUST YOU AND MISS SMITH.

NOT ONLY ITEMS ARE QUASI JUDICIAL IN NATURE.

PUBLIC HEARINGS, AGENDA ITEMS, NUMBER FOUR, FIVE AND SEVEN.

ANY PERSON WHO WISHES TO TESTIFY ON SUCH A MATTER ASSIGN A SPEAKER CAR WHICH CONTAINS A SWORN OATH TO TELL THE TRUTH.

ANY INDIVIDUAL ADDRESS IN THE COUNCIL MUST STATE HIS OR HER NAME AND CONFIRM THAT A SPEAKER CAR HAS BEEN SIGNED.

ATTORNEYS WHO ARE APPEARING ON BEHALF OF A PARTY AND NOT PROVIDING TESTIMONIAL EVIDENCE ARE NOT CONSIDERED WITNESSES AND NEED NOT BE SWORN.

AND ALSO TO DISCLOSE ANY EXPLORATORY COMMUNICATION I DISCLOSE IN THE SUBJECT MATTER OF THE COMMUNICATION AND THE IDENTITY OF THE PERSON OR GROUP OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE.

ORDER. THIS PROCEEDING WILL BE AS FOLLOWS.

FIRST, THE APPLICANT WILL MAKE HIS PRESENTATION, FOLLOWED BY STAFF COMMENTS FOLLOWED BY ANY AGGRIEVED OR ADVERSELY AFFECTED PARTY THAT HAS COMPLIED WITH SECTION FIFTY NINE POINT THREE PALM BAY CODE WITNESSES.

EACH WILL HAVE A MAXIMUM OF 30 MINUTES.

ANY OTHER PERSON MAY SPEAK FOR A MAXIMUM OF THREE MINUTES.

ANY SPEAKER MAY BE SUBJECT TO CROSS EXAMINATION BY THE COUNSEL OR ANY OTHER INTERESTED PARTY, OR A MAXIMUM OF 15 MINUTES PER WITNESS.

THE APPLICANT WILL BE THEN ALLOWED CONCLUDING REMARKS OR MAXIMUM OF 10 MINUTES.

HEARING WILL THEN BE CLOSED AND NO ADDITIONAL TESTIMONY OR ARGUMENT WILL BE ALLOWED.

THE COUNCIL WILL THEN DELIBERATE IN PUBLIC.

AT THE END OF DELIBERATION, A COUNCIL MEMBER WILL MAKE A MOTION ON THE APPLICATION TO BRING THE MATTER TO A VOTE.

EVERY COUNCIL MEMBER IS THEN FREE TO VOTE IN FAVOR OR AGAINST THE MOTION.

WITNESS 20, 21, DASH 27, AN ORDINANCE OF THE CITY OF PALM BAY, BURAK COUNTY, FLORIDA, APPROVING A FINAL DEVELOPMENT PLAN TO BE KNOWN AS CYPRESS BAY WEST PHASE ONE U.D., IF

[01:40:05]

THANK YOU, ADAM SMITH, AND OPEN UP THE PUBLIC HEARING AND I'M GOING TO ASK THE APPLICANT TO STEP FORWARD AND STATE THEIR CASE.

GOOD EVENING. MEMBERS OF THE COUNCIL.

MY NAME IS TUCKER BIRD, I'M WITH THE LAW FIRM OF BERT CAMPBELL AND I WANT TO INTRODUCE THE PEOPLE WILL BE PRESENTING ON BEHALF OF THE APPLICANT, WHICH WILL INCLUDE MR. JAKE WISE, THE ENGINEER AND INIMITABLE ROCHELLE ON DALES, OUR LAND PLANNER WILL PRESENT THE SUBSTANTIVE PART OF THE ARGUMENT.

BECAUSE THE THE APPLICATION DOES INCLUDE A ROADWAY, WE ANTICIPATE SOME QUESTIONS MAY BE RAISED TONIGHT ABOUT WHAT WILL BE REFERRED TO AS A SHARED SERVICES AGREEMENT.

YOU MAY HAVE HEARD ABOUT IT IN THE PAST, WHICH IS AN AGREEMENT, PRIVATE AGREEMENT BETWEEN WATERFORD ACOA AND A COMPANY CALLED MIRA LOMA BOULEVARD ASSOCIATION'S PRIVATE AGREEMENT THAT ACTUALLY COVERS EXISTING ROADS OUT THERE.

A COUPLE THINGS TO POINT OUT ABOUT THAT.

FIRST OF ALL, IT'S A PRIVATE AGREEMENT IN EXISTENCE FOR A LONG TIME.

IT IS UNDETERMINED AT THIS POINT WHETHER IT WILL IT WILL BE IMPACTED AT ALL BY THE ROAD, WHICH IS ANTICIPATED FOR THE PUDI, WHICH IS UNDER CONSIDERATION TONIGHT.

AND IT DEPENDS ON A NUMBER OF THINGS.

IT DEPENDS ON WHAT THE ULTIMATE BUILDER DOES, WHAT THE ROAD WILL IT BE DEDICATED TO.

THE CITY WILL BE KEPT PRIVATE.

WHO KNOWS, MAYBE IT'LL BE A TOLL ROAD.

AT ONE POINT THE REQUEST HAVE BEEN MADE THAT MAYBE WE WOULD WE RENAME THE PORTION OF THE ROAD, KENDALL BOULEVARD, I BELIEVE.

BUT I THINK THE THING TO KEEP IN MIND, AND I THINK YOU MAY HEAR SOME COMMENT ABOUT IT, IS THAT IT'S A PRIVATE AGREEMENT.

IT REALLY SHOULD NOT BE CONSIDERED AT ALL IN CONSIDERING THE APPLICATION.

SO WITH THAT, I'M GOING TO ASK MR. WEISS TO COME TO THE PODIUM.

THANK YOU. THANK YOU.

THANK YOU, JAKE WISE, CIVIL ENGINEER FOR THE PROJECT ADDRESSES, IS TWENTY SIX FIFTY ONE WESTLAKE BOULEVARD IN MELBOURNE.

FIRST OF ALL, THIS PROJECT HAS BEEN A LONG TIME IN THE MAKING SINCE 2004.

IT'S BEEN MOVING FORWARD.

OF COURSE, WE HAD A LONG LULL THERE FOR A WHILE.

THERE'S TWO EXISTING SUBDIVISIONS THAT WE'VE BEEN WORKING WITH THROUGHOUT A SERIES OF PROJECTS THAT ARE IN THE SAME MASTERPLAN FOR CYPRESS BAY WEST, WHICH IS ON THE EAST SIDE OF BABCOCK STREET AND EXCUSE ME, THE EAST, WHICH IS ON THE EAST SIDE OF BABCOCK STREET.

WATERSTONES, WHICH IS PROJECTS THAT THIS COUNCIL SEEN BEFORE, COURTYARDS AND GARDENS.

AND THIS ONE IS CYPRUS BAY WEST.

WE DON'T CALL THIS ONE PART OF WATERSTONES BECAUSE WHAT WE'RE DOING IS CREATING A NEW IDENTITY AND TIE INTO CYPRESS BAY EAST.

SO THE GARDENS AND THE COURTYARD PROJECTS HERON BAY AND THE LAKES, THAT'S PART OF THE WATER SYSTEM. SO YOU HEARD SCHABIR JUST TALK A LITTLE BIT ABOUT THE MARILENA ROADWAY AND THINGS LIKE THAT. AND ONE OF THE DISCUSSION POINTS IN OUR PRELIMINARY DEVELOPMENT PLAN WAS THE FACT THAT OUR PREFERENCE IS TO RING THE ROAD EXTENSION TO WHERE THE GARDENS IS AND OUR ENTRANCE FOR THIS PROJECT.

AND THEN JUST PAST THAT, WE HAVE A ROUNDABOUT PLAN AND WE HAD ALWAYS PROPOSED TO HAVE A ROAD NAME CHANGE THERE.

ONE OF OUR CONDITIONS THAT STAFF HAD RECOMMENDED WAS TO NOT ALLOW US TO CHANGE THAT ROAD NAME, BUT WE WOULD LIKE TO TRY TO RECONSIDER THAT.

AGAIN, THAT'S A CONDITION IS AN EDWARD IF YOU'RE LOOKING AT THE CONDITIONS THERE.

SO THAT'S SOMETHING THAT WE'D STILL LIKE TO TO DO THAT.

AND THE BIGGEST REASON IS BECAUSE WE ARE REBRANDING IT.

WE'RE CALLING IT NOW SUPERSPEED WEST AND NOT PART OF WATER STONE.

AND WE THINK THAT ROAD NAME TO KENDEL, WHICH IS WHAT WE PROPOSED AND DID HAVE APPROVED, BUT OUR COUNTY NINE ON ONE PREVIOUSLY, WOULD BE A GREAT WAY TO DO THAT AND WOULD PROBABLY ALLEVIATE A LOT OF CONCERNS OF SOME OF THE CURRENT RESIDENTS.

SO THAT'S SOMETHING WE WANTED THE COUNCIL TO CONSIDER TONIGHT AS WE MOVE FORWARD.

AND OF COURSE, AS WE ALWAYS DO, WE'LL WORK WITH STAFF AND MAKE SURE THAT THAT ROAD NAME CAN BE SAFE FOR 911 PURPOSES OR ANY OTHER CONCERNS THAT THEY MIGHT HAVE.

BUT WITH THAT BEING SAID, THE PLAN THAT YOU'RE CONSIDERING TONIGHT IS THE SAME AS THE PDP THAT WAS PREVIOUSLY APPROVED.

WE RECEIVED UNANIMOUS RECOMMENDATION FROM THE PLANNING AND ZONING BOARD.

AND WE'VE HAD THE STAFF SUPPORT, AS YOU CAN SEE IN THE REPORT, ONE OF THE THINGS WE HEAR ABOUT ALL THE TIME FROM COUNCIL MEMBERS TO RESIDENTS IS HOW SOON CAN WE START TO GET THE

[01:45:04]

AND THE REASON YOU'RE STARTING TO SEE THAT ACTIVITY AND THAT EXCITEMENT IS BECAUSE OF THE NUMBER OF HOUSES THAT ARE MOVING FORWARD.

AS I MENTIONED BEFORE, THE COURTYARD'S PROJECT IS UNDER WAY.

GARDEN'S PHASE ONE IS UNDERWAY.

ARDEN'S PHASE TWO IS JUST ABOUT TO BE FORMALLY SUBMITTED.

AND SO THERE'S A LOT OF EXCITEMENT FOR THIS AREA.

THE CYPRUS BASED HOUSES ARE MOVING VERY QUICKLY.

SO THE NATIONAL CHAINS AND THE COMMERCIAL WAS SEEING ALL THAT ACTIVITY.

AND THAT'S WHY YOU'RE STARTING TO SEE THAT ACTIVITY.

SO THIS SPECIFIC PROJECT HERE IS ALMOST 80 ACRES.

TWO HUNDRED AND TWENTY NINE SINGLE FAMILY HOMES, 50 FOOT WIDE LOTS.

AND WE OVERSIZE THEM TO BE ONE HUNDRED TWENTY FIVE FEET DEEP.

IT'S GOT A LOT OF OPEN SPACE, A LOT OF RECREATION AREAS, AND WE'RE PRETTY EXCITED TO HAVE IT MOVING FORWARD AS THE FIRST PHASE OF CYPRUS BAY WEST.

IT'S PROPOSED TO HAVE A GATED ENTRANCE, AS I MENTIONED, LOTS OF OTHER AMENITIES AND PASSIVE AND ACTIVE RECREATION AREAS.

THE STORMWATER PONDS ARE OVERSIZE.

IT'S PART OF THE MASTER STORMWATER SYSTEM, WHICH ALREADY IS PERMITTED BY THE WATER MANAGEMENT DISTRICT. AND WE'RE MOVING THROUGH WITH PERMITTING THE FINAL CONSTRUCTION DRAWINGS AS WELL. WE DID HAVE A NEIGHBORHOOD MEETING BACK IN DECEMBER AS PART OF THE PROCESS FOR THE PDP.

IT WAS DETERMINED THAT WE DIDN'T NEED ONE FOR THE FINAL DEVELOPMENT PLAN, WHICH AGAIN, IS WHAT YOU'RE CONSIDERING TONIGHT ARE ONE OF THE QUESTIONS THAT KEPT COMING UP IS TRAFFIC SIGNAL AT MAYOR LOMOND BABCOCK STREET.

WE'VE ALREADY GONE THROUGH AND DONE THE WARD STUDY WITH THE COUNTY, WHICH THAT PORTION OF BABCOCK STREET IS THEIR JURISDICTION, AND THE CITY HAVE REVIEWED IT AND AGREED WITH IT.

WE'VE GONE TO SIXTY PERCENT DESIGN PLANS ON THE TRAFFIC SIGNAL, SO WE'RE READY TO HAVE THAT MOVE FORWARD. AND IT IS WARRANTED, NOT EVEN FROM THIS PROJECT, BUT FROM THE COURTYARDS AND THE GARDENS PROJECT WAS ALREADY APPROVED AND MOVING FORWARD.

SO WE'RE VERY EXCITED FOR THAT TO BE MOVING FORWARD AS WELL.

AND THAT IS 100 PERCENT PRIVATE DEVELOPMENT DOLLARS.

THERE'S NO COST TO THE CITY.

THERE'S NO COST TO THE EXISTING.

SUBDIVISIONS AT ALL THAT'S BEING DONE BY THE DEVELOPMENTS MOVING FORWARD.

OVERALL, THIS PROJECT HAS LESS THAN THREE UNITS IN A.

YOUR TYPICAL LOW DENSITY RESIDENTIAL IS FIVE UNITS AN ACRE.

EVEN A PORTION OF THIS IS ALLOWED UP TO 10 OR UNDER THREE UNITS AN ACRE.

WE'RE NOT TRYING TO CRAM.

WE'RE SPREADING IT OUT AND DOING A NICE PROJECT WITH ALL THOSE DIFFERENT IMPROVEMENTS THAT I MENTIONED EARLIER. THAT BEING SAID ON TODAY'S SHOW, LONSDALE'S OUR PLANNER AND DO APPRECIATE A CHANCE TO RESPOND TO ANY PUBLIC COMMENTS.

EVENING, MR. MAYOR.

MEMBERS OF THE COUNCIL STAFF, I'M PLEASED TO BE HERE TONIGHT, RACHELLE LONSDALE'S, NAACP 335 SHERWOOD AVENUE SATELLITE BEACH.

I'M PLANNER FOR WATERSIDE DEVELOPMENT AND FOR THE PROJECT.

I JUST I KIND OF WANT TO FILTER THINGS A LITTLE BIT.

JAKE TOUCHED ON A LOT OF THE SPECIFICS OF THE PROJECT AND THE EXCITING THINGS THAT ARE GOING TO COME BEHIND THIS PROJECT IF IT'S APPROVED.

AND WHAT I WANT TO FOCUS IN ON THIS EVENING ARE A FEW THINGS.

NUMBER ONE, THIS IS THE START OF A NEW PROJECT CALLED CYBERSPACE WEST.

THIS IS PHASE ONE OF CYPRESS BAY WEST.

THERE ARE THREE PHASES THAT TWO OF WHICH WILL COME BEHIND THIS.

IT IS DIFFERENTIATED FROM THE WATER STONE AREA, AS JAKE MENTIONED, WHICH CONSIST OF PRIOR PROJECTS HERE IN BAY LAKES OF WATER, ST.

COURTYARD'S GARDENS ONE, GARDENS TWO AND GARDENS THREE.

AND SO THIS IS AN OPPORTUNITY FOR THE CITY TO CREATE THE DEMAND FOR COMMERCIAL COMMERCIAL WILL NOT COME UNLESS THERE ARE ROOFTOPS.

THAT'S JUST HOW IT WORKS.

WE CAN ON IT. I CAN WANT A CHEESECAKE FACTORY ALL DAY LONG, BUT JUST BECAUSE I WANT IT DOESN'T MEAN IT'S GOING TO HAPPEN UNLESS THERE'S ENOUGH PEOPLE TO PAY FOR IT AND THERE'S ENOUGH DEMAND FOR IT.

SO WE'RE HOPING THAT AS WE ADD THESE SUBDIVISIONS AND THEY'RE ABLE TO COME OUT OF THE GROUND, THAT WE WILL BE ABLE TO BRING THOSE COMMERCIAL AREAS.

WE HAVE ABOUT 200 ACRES OF COMMERCIAL THAT'S IN THE WINGS.

THAT'LL BE A COMBINATION OF COMMERCIAL INSTITUTIONAL HEALTH AND SO FORTH.

AND THERE HAS BEEN INTEREST AND SOON THOSE WILL BE SUBMITTED AND HOPEFULLY WITHIN

[01:50:02]

THE OTHER THING THAT I WANT TO FOCUS ON TONIGHT FOR THE COUNCIL AND FOR THE PUBLIC AS WELL IS THAT THERE ARE CERTAIN CRITERIA ON WHICH YOU REVIEW AND BASE YOUR DECISIONS FOR PROJECTS OF THIS NATURE.

AND THAT CRITERIA IS FOUND IN CHAPTER 185 AND SPECIFICALLY IN SECTION ONE EIGHTY FIVE POINT 066 A THROUGH K..

FOR THE PRELIMINARY APPLICATION, I SUBMITTED A LENGTHY NARRATIVE ON ON THE PROJECT, ITS HISTORY WHERE WE ARE NOW AND HOW WE MEET IN GREAT DETAIL EACH OF THESE CRITERIA TO SHOW THAT WE ARE CONSISTENT WITH YOUR COMPREHENSIVE PLAN, THAT WE ARE COMPLIANT WITH YOUR LAND DEVELOPMENT CODES THAT WERE COMPATIBLE WITH THE COMMUNITY, AND THAT BASED ON THAT, WE ARE HOPEFUL TO BE GIVEN AN AWARD OF APPROVAL.

THE PLANNING AND ZONING BOARD HAS RECOMMENDED APPROVAL TWICE UNANIMOUSLY.

THE STAFF HAS RECOMMENDED APPROVAL.

COUNCIL APPROVED THE PRELIMINARY DEVELOPMENT PLAN.

AS JAKE MENTIONED, THIS IS THE SAME PLAN THAT YOU SAW THEN.

THERE HAS BEEN NO CHANGE TO IT.

I REALLY JUST WANT TO SAY THAT, YOU KNOW, IF.

ANY OTHER ELEMENTS OTHER THAN THOSE CRITERIA REALLY ARE NOT FOR CONSIDERATION TONIGHT, AND WE HOPE THAT YOU'LL KEEP THAT IN MIND AS YOU MAY HEAR THINGS GOING FORWARD TONIGHT ABOUT PRIVATE AGREEMENTS AND THINGS OF THAT NATURE.

I'M AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

WE'RE VERY HAPPY TO BE BRINGING THESE PROJECTS TO THE CITY.

THEY HAVE BEEN A LONG TIME COMING AND IT'S RIPE AND READY.

PALM BAY IS RIPE AND READY.

SO WITH THAT, WE WOULD RESPECTFULLY REQUEST YOUR APPROVAL AND I'LL BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU, COUNSEL, ANY QUESTION? NOT AT THIS TIME. THANK YOU, MR..

I'M SHERMAN. THANK YOU, MAYOR.

I'M GOING TO ASK LARRY BRADLEY OR GROWTH MANAGEMENT DIRECTOR TO COME UP AND GIVE A BRIEF OVERVIEW FROM STEPH.

GOOD EVENING AGAIN, LARRY BRADLEY.

SO THIS IS THE FINAL PLEA FOR THIS SUBDIVISION.

IT IS THE HYPERSPACE PHASE ONE STAFF PREPARED A FULL STAFF REPORT AND COUNSEL MEMO.

SO AND WE ARE RECOMMENDING APPROVAL OF THIS PARTICULAR PROJECT.

THE SWAPNA WANTED TO READ THE THE RECOMMENDATIONS OF STAFF, WHICH ARE PART OF THIS APPLICATION. SO THIS IS THE PLANNING AND ZONING CASE, 41, 20, 21, SUBJECT TO STAFF CONDITIONS, WHICH I'M GOING TO JUST ARTICULATE THAT ADMINISTRATOR AND CONSTRUCTION PLAN SHALL INCLUDE FULL ENGINEER DRAWINGS, SUBDIVISION PLAN MEETING THE STATUTORY REQUIREMENTS OF CHAPTER 177 OF FLORIDA STATUTES AND REQUIRE TITLE OPINION.

THE RIGHT OF WAY WITH MARILENA WILL NEED TO BE 100 FEET.

THE NAME MARILYN BOULEVARD JUST CUT YOU OFF FOR A SECOND.

MR. ROBINSON, CAN YOU PUT THE RECOMMENDATIONS OF STAFF ON THE SCREEN AT THIS TIME AS YOU SPEAK IN? FROM THE FROM THE COUNSEL MEMO, THE REVISED COUNSEL MEMO.

THE RECOMMENDATIONS.

THE LEGISLATIVE MEMORANDUM.

YOU JUST CLICK ON THE ITEM, WE'LL BRING YOU RIGHT TO THE MEMO AND THE INDEX.

OK, YES, AT THE BOTTOM OF THE PAGE.

THANK YOU, CARRY ON.

OK, LARRY. ALL RIGHT, SO THE FOURTH BULLET POINT, THE ROAD NAMED MARILYN BOULEVARD WILL

[01:55:02]

STAFF WILL NOT SUPPORT THE NAME OF MARYLAND BOULEVARD EXTENSION.

THAT WAS ALSO BASED ON DISCUSSIONS WITH THE CITY ENGINEER THAT WE WE DO FEEL THAT THE ROAD NAME, IF IT'S GOING TO BE CONTINUOUS, NEEDS TO BE THE SAME THROUGHOUT TECHNICAL COMMENTS WHICH WERE ATTACHED TO THE STAFF REPORT ALSO NEED TO BE OBSERVED AND INCORPORATED INTO THE ENGINEERED DRAWINGS.

AND THE LAST COMMENT, WHICH WAS ONE OF THE AGENDA REVISIONS, AND I'LL JUST READ THIS ONE AS WELL, MARILYN BOULEVARD, RIGHT OF WAY DEDICATION SHALL NOT BE ACCEPTED BY THE CITY OF PALM BAY FOR OPERATION MAINTENANCE UNTIL THE DEVELOPER REQUESTS ACCEPTANCE THROUGH THE PROCESS PROMULGATED IN CHAPTER 102 OF THE CITY OF PALM BAY CODE OF ORDINANCES.

UPON COMMENCEMENT OF SAID PROCESS, STAFF WILL DETERMINE IF ACCEPTANCE OF MARILYN BOULEVARD EXTENSION WOULD PROVIDE A PUBLIC BENEFIT THAT CURRENT CITY OF PALM BAY CONSTRUCTION STANDARDS ARE MET.

AND THAT IS REALLY TO PROTECT THE CITY TO MAKE SURE THAT WE UNDERSTAND THE COSTS AND THE OBLIGATIONS BEFORE WE ACCEPT THIS ROAD.

IT'S ON THE PLATTE. IT'S NOT SEVEN ON THE.

PLATT SAYS THE CITY WILL ACCEPT THE ROAD, BUT THIS CONDITION REQUIRES THAT WE DO THE REVIEW AND CHAPTER 182 BEFORE WE ACCEPT THAT THE EXISTING PORTION OF MARILENA WAS DONE IN A SIMILAR MANNER. IT WAS NOT DONE AT THE TIME OF PVD.

IT WAS DONE BY RESOLUTION AFTER THE ORIGINAL APPROVAL AND WE'RE SUGGESTING A SIMILAR PROCESS FOR THIS PORTION IF WE ARE GOING TO TAKE IT IN AFTER THE ANALYSIS DONE BY PUBLIC WORKS ON THE COSTS TO MAINTAIN THAT ROAD.

SO THAT'S THE SUMMARY OF THE STAFF RECOMMENDATIONS.

AND I'M AVAILABLE IF THERE ARE ANY QUESTIONS.

BAILEY. SO, MR. BRADLEY, TO BE CLEAR, THE NAME OF THE ROAD, THAT IS SOMETHING THAT COUNCIL CAN CONSIDER IN THIS APPLICATION, CORRECT? YES, YOU CAN, BECAUSE WE ARE ACCEPTING THE PLAN TONIGHT.

THAT IS PART OF IT WITH A PLAN THAT IS PART OF THE APPLICATION.

AND I DID SPEAK TO THE CITY ENGINEER, MR. WATANABE, AND HE AGREED THAT FOR A NUMBER OF DIFFERENT REASONS AND ENGINEERING REASONS, PUBLIC SAFETY REASONS, SINCE THIS ROAD IS NOT CHANGING NAMES AT AN INTERSECTION OR AT A MAJOR CROSSING, IT'S CHANGING IN THE MIDDLE OF THE ROAD.

IT WAS FELT THAT WE SHOULD KEEP THE ROAD NAME CONSISTENT THROUGHOUT THE ENTIRE LENGTH.

THERE IS A ROTARY THAT'S FOSTER, A CUL DE SAC, WHATEVER YOU WANT TO CALL IT.

I THINK IT'S MORE OF A ROTARY.

BUT IN OUR DISCUSSIONS WITH PUBLIC WORKS, WE DIDN'T FEEL THAT THAT WAS THE APPROPRIATE PLACE TO CHANGE THE NAME.

IT REALLY NEEDS TO CONNECT TO ANOTHER ROAD OR AN INTERSECTION BEFORE YOU CHANGE ITS NAME.

SO THERE'S THIS.

THIS IS MORE OF A MEAN COUNCIL.

STILL HAS THE THE THE HAS THE FREEDOM TO CHANGE IT UP NECESSARY.

CORRECT. YOU CAN DO THAT.

YOU CERTAINLY HAVE THAT AUTHORITY.

AS I SAID, THE CITY ENGINEER WOULD NOT ADVISE THAT YOU DO THAT.

BUT THAT'S NOT IT'S NOT A REQUIREMENT IN THE ORDINANCES OR STATUTE THAT THE ROAD MAY BE THE SAME. IT'S MORE BASIC BEST PRACTICES AT BEST.

ENGINEERING AND PUBLIC SAFETY PRACTICES AT THE ROAD HAVE THE SAME NAME THROUGHOUT.

SURE. AND I CONCURRED WITH THAT.

THAT'S WHY. AND THAT WAS THAT WAS CHANGED IN THE PRELIMINARY MY MOTION WHEN WE APPROVED THIS IN THE PRELIMINARY. MY NEXT QUESTION, THOUGH, AND PERHAPS MISS SMITH WOULD BE THE BETTER ONE TO ANSWER, BUT I'M SURE YOU GUYS HAVE HAD CONVERSATIONS IS.

NOW, I DON'T WE CAN'T CONSIDER THIS IN A COMPLETE VACUUM OF WHAT THE IMPACT OF WHAT WE DO WITH THAT NAME CHANGES CAN HAVE EFFECT TO OTHER AGREEMENTS.

SO I'M JUST CURIOUS, DOES THAT NAME CHANGE HAVE ANY TYPE OF LEGAL BEARING ON ANY THE OTHER ANY OF THE OTHER AGREEMENTS THAT THE APPLICANT'S LAWYER BROUGHT FORTH? THE BEGINNING? I WOULD NOT WANT TO I CERTAINLY HAVEN'T REVIEWED THE AGREEMENT IS THE AGREEMENT NOT WITH THE CITY AND AS FAR AS WHAT EFFECT IT WOULD HAVE ON THAT AGREEMENT, I CERTAINLY THINK THE APPLICANT, YOU KNOW, WOULD PROBABLY BE BETTER TO ANSWER THAT.

I MEAN, IT'S NOT SOMETHING I REVIEW.

LIKE I SAID, THE CITY'S NOT PART OF THE AGREEMENT AND I CAN'T SPEAK ON THE TERMS OF THAT AGREEMENT. OK.

THE REASON I ASK IS BECAUSE THAT IS A MAJOR POINT OF CONTENTION IN THE PRELIMINARY WAS, YOU KNOW, WORKING OUT SOMETHING THAT THAT WAS PART OF THE INTENTION OF THE ORIGINAL.

CORRECT, MR. BRADLEY, IS THAT THEY WANT TO CHANGE IT SO THAT THAT WAS AN ISSUE OF CONCERN WHEN IT WAS ORIGINALLY PROPOSED TO STAFF.

WHEN IT FIRST CAME IN, THEY HAD A DIFFERENT NAME FOR THAT SEGMENT.

AND AS I SAID, BASED ON DISCUSSIONS BETWEEN GROWTH MANAGEMENT AND PUBLIC WORKS, WE DID NOT SUPPORT THE ROAD NAME CHANGE FOR THE REASONS I'VE JUST STATED, THE ENGINEERING PRACTICES AND PUBLIC SAFETY, THAT YOU DON'T USUALLY CHANGE THE NAME OF ROAD IN THE MIDDLE AND SORRY, IN THE MIDDLE OF THE ROAD.

ALL RIGHT, THAT'S ALL THE QUESTIONS I HAVE FOR THEM, I THINK YOU REMEMBER THE APPLICANT LEADER. THANK YOU.

ALL RIGHT, THANK YOU VERY MUCH, JOHNSON SPEAKERS AND LANCE CLOSE, I SAY IT RIGHT.

[02:00:03]

AND YOU ALREADY WERE TALKING ABOUT IT A LITTLE BIT ALREADY.

SO I'M SURE YOU'RE AWARE OF THE ISSUES.

BUT JUST JUST TO KIND OF BACK UP FOR EVERYONE'S BENEFIT, THE MASTERS ASSOCIATION IS OBLIGATED TO PAY 15 PERCENT OF THE SHARED EXPENSES FOR LANDSCAPING AND OTHER CERTAIN EXPENSES RELATED TO THE EXISTING MIRALEM OF BOULEVARD.

THAT'S PURSUANT TO THE SHARED FACILITIES DECLARATION, WHICH I HAVE A COPY OF.

IT'S RIGHT HERE AND I'LL BE HAPPY TO SHARE WITH WITH COUNSEL AS WELL IF NEEDED.

NOW, THE ASSOCIATION, AS I'M SURE YOU'RE AWARE, IS CONCERNED ABOUT THE PUDI APPROVAL PROVIDING FOR THE EXTENSION OF MARYLAND BOULEVARD AND THUS PURSUANT TO A PROVISION IN THE DOCK IN THE ASSURED FACILITIES DECLARATION, AN INCREASE FOR THE EXPENSES OF THE ASSOCIATION THAT COULD CREATE A FINANCIAL HARDSHIP FOR ITS MEMBERS WERE BROUGHT TO THE CITY COUNCIL'S ATTENTION PREVIOUSLY AND SPECIFICALLY ADDRESSED AT THE COUNCIL MEETING ON FEBRUARY 18TH IN 2020 I'M SORRY, FEBRUARY 18, 2021.

AT THAT HEARING, THE DEVELOPER'S REPRESENTATIVE, JACK WEISS, WHO SPOKE A FEW MOMENTS AGO FROM CEG ENGINEERING, HAD ADDRESSED THE CONCERNS, ACCORDING AND ACCORDING TO THE MINUTES, ONCE I HAD A COPY OF HERE.

THE DISCUSSION ABOUT THE NAME OF THE ROAD AND HE HAD AT LEAST INITIALLY, SO THEY'D BE HAPPY TO KEEP KINDLE CIRCLE NAMED AS IS, OR AGREE WITH A CONDITION THAT THE LANDSCAPING MAINTENANCE WOULD NOT EXTEND BEYOND WHERE MAYOR LOMO BOULEVARD CURRENTLY ENDED.

AND SO WITH THAT ASSURANCE, WE'VE ATTEMPTED TO SPEAK WITH THE DEVELOPER'S REPRESENTATIVES. INITIALLY, JAKE WEISS AND JAKE HAD REFERRED ME TO ACTUALLY ATTORNEY TUCKER BIRD AND MR. BIRD AND I HAVE ACTUALLY HAD SOME REALLY EXCELLENT DISCUSSIONS ABOUT THE ISSUES.

BUT AT LEAST AS OF TODAY, WE HAVEN'T BEEN ABLE TO REACH ANY FORMAL AGREEMENT TO RESOLVE THAT ISSUE. NOW, BEFORE I CONTINUE ON, I DID NOTE DURING MR. WEISS'S PRESENTATION THAT HE HAD ASKED THE COUNCIL TO RECONSIDER THE NAMING OF THAT PORTION OF THE EXTENSION.

SO THAT WAY IT WOULD NOT BE NAMED MARILENA BOULEVARD.

ON BEHALF OF THE ASSOCIATION, I WOULD ALSO STRONGLY ASK THE COUNCIL TO CONSIDER THAT THE MAIN REASON, OF COURSE, WOULD BE THAT AT LEAST BASED ON THE SHARED FACILITIES AGREEMENT, IF THE MAYOR ALONG WITH BOULEVARD AS THAT NAME IS EXTENDED, THEN THAT'S AN ADDITIONAL EXTENSION, AT LEAST PURSUANT TO THE TERMS OF THE SHARED FACILITIES.

AGREEMENT OR DECLARATION, AS WRITTEN WOULD SEEM TO IMPLY THAT THE MASROOR ASSOCIATION WOULD ALSO BE PAYING 15 PERCENT FOR THESE OTHER COMMUNITIES ON DOWN THE ROAD.

NOW, BEFORE I HAD HEARD MR. WEISER'S. MAY I HAVE A FEW MOMENTS? EVERY TIME. I SPEAK.

I DON'T BELIEVE HE SUBMITTED.

AND ADAM SMITH, OH, HE DIDN'T, HE DIDN'T, HE DIDN'T.

THE REASON WHY HE WASN'T GIVEN THE 30 MINUTES IS MY UNDERSTANDING THAT HE DID NOT FOLLOW THE PROCEDURES AS FAR AS.

SEEKING TO BE A ADVERSELY AFFECTED PARTY AND IS PROBABLY BECAUSE IT IS NOT SO MUCH THAT HE REALLY IS AND ADVERSELY AFFECTED PARTY IN THE TRADITIONAL SENSE, HE DOES HAVE SOME CONCERNS AS RELATED TO AN AGREEMENT THAT IS SEPARATE APART FROM THE CONDITIONS THAT THIS COUNCIL HAS TO CONSIDER.

AS FAR AS WHETHER COUNTY COUNCIL, WHAT ACTUALLY YOU, MAYOR, CAN EXTEND SOME ADDITIONAL TIME. YOU CERTAINLY HAVE THAT ABILITY TO DO THAT.

ALL RIGHT, SIR, I'LL EXTEND THREE MINUTES.

BUT KEEPING IN MIND THAT I'M YIELDING TO THE, AH, CITY ATTORNEY ON THOSE 30 MINUTES WOULD HAVE BEEN GRANTED TO YOU HAD IT BEEN SOMETHING THAT WE COULD ACTUALLY RULE ON.

IT'S A PRIVATE MATTER IN MY UNDERSTANDING.

THAT CORRECTLY, MADAM ATTORNEY.

YES, SIR. ALTHOUGH, LIKE YOU SAY, YOU KNOW, THERE IS A CONDITION THAT IS RELEVANT TO WHAT YOU'RE DOING. BUT AS FAR AS THE AGREEMENT IN AND OF ITSELF, THE AGREEMENT IS A PRIVATE MATTER. THE CONDITION, WHETHER YOU ALL DECIDE THAT TO MAKE A CONDITION AS FAR AS THE NAMING, THAT IS SOMETHING IS WITHIN YOUR PURVIEW.

BUT THE AGREEMENT AS A WHOLE IS NOT, I WOULD SAY, UP TO THREE MINUTES, YOUR HONOR.

ALL RIGHT. THANK YOU. SO IN ANY EVENT, CONCERNING THE SHARED FACILITIES AGREEMENT, AS YOU KNOW, THE NAME OF THE ROAD MAY HAVE SOME IMPACT ON WHAT THE ASSOCIATION HAS TO DO.

[02:05:02]

IT IS BETWEEN TWO PARTIES, BUT IT ALSO REQUIRES CONTEMPLATES MAINTENANCE OF CERTAIN PORTIONS OF PUBLIC LAND THAT BE IN PARTICULARLY THE MEDIAN WITHIN MIRA LOMA BOULEVARD AND OBVIOUSLY IMPACTS, YOU KNOW, SEVERAL THINGS THAT ARE SURROUNDING THE RIGHT AWAY AND THAT AREA. SO IT CERTAINLY HAS IMPLICATIONS FOR FOR THE PUBLIC.

BUT FOR THE SAKE OF TIME, I THINK YOU UNDERSTAND WHAT OUR CONCERNS ARE WITH THAT.

AND I GUESS I WOULD JUST SAY THAT WE CERTAINLY ECHO MR. WEISS'S RECOMMENDATION OR REQUEST TO CHANGE THE NAME OF THAT EXTENSION TO SOMETHING, ANYTHING OTHER THAN MAYOR ALOMA BOULEVARD, IF POSSIBLE, WHICH MIGHT WIND UP COVERING A MULTITUDE OF SINS. YOU WILL OR AND THE ALTERNATIVE INITIALLY WE'D ASK OF BEHALF OF THE AMERICAN ASSOCIATION.

WE RESPECTFULLY REQUEST OF THE CITY COUNCIL, INSIST ON ASSURANCES FROM THE DEVELOPER THAT THE DEVELOPER WILL CONTINUE TO ACT IN GOOD FAITH TO REACH AN AMICABLE RESOLUTION WITH THE MASTER ASSOCIATION TO THE MASTER ASSOCIATION'S MAINTENANCE RESPONSIBILITIES RELATED TO THE EXTENSION OF MAYOR LOMA BOULEVARD.

THANK YOU FOR YOUR CONSIDERATION.

THANK YOU. SPEAKER.

CAROL, CAROL, I APOLOGIZE AHEAD OF TIME, PESQUERA ROSA.

SORRY ABOUT.

OK, MY NAME IS CAROL PASCALE'S AND I'M PART OF THE MASTER BOARD.

THERE WAS SOME REFERENCE FROM ATTORNEY BYRD MENTIONING THAT WE MAY NOT EVEN ABSORB ANY COST. FIRST TIME I'VE HEARD OF THIS, 2004, MR. WEISS REFERRED TO THE WATER STONE PROJECT AND THAT IT IS KIND OF SEPARATE FROM THE OTHERS AND THERE WOULD BE OTHER DEVELOPMENTS.

BUT IN 2008, THERE'S THE FACILITY AGREEMENT WAS SIGNED.

SO IN GOOD FAITH, POSSIBLY SINCE THIS WAS PLANNED IN 2004, I WOULD HAVE HOPED THE DEVELOPER WOULD HAVE REACHED OUT TO THE CURRENT ASSOCIATIONS TO POSSIBLY LET THEM KNOW THAT THEY WOULD BE SHARING THE COST OF THE EXTENSION OF MARILENA BOULEVARD AND THEREFORE NOT IMPOSING A HARDSHIP ON THE CURRENT RESIDENTS THAT RESIDE.

IT WOULD HAVE BEEN HELPFUL.

AND AS FAR AS THE MEETINGS, I'M NOT SURE.

ROCHELLE, THE CITIZEN'S PARTICIPATION MEETING, UNFORTUNATELY, I SEE HERE SEVERAL MEETINGS WERE HELD.

I KNOW OF ONE.

AND THAT WAS AT THE CORNER OF BABCOCK AND MARILENA.

AND A QUESTION WAS ASKED AND IT COULD NOT BE ANSWERED, NEVER GOT A RESPONSE TO IT.

AND I DID CHECK WITH THE CITY TO SEE WHAT MINUTES THAT HAVE BEEN PROVIDED BY THEM AS LISTED ON THIS FORM.

BASICALLY, WE HAVE A ROAD THAT IS IN DIRE NEED OF REPAIR.

I HAVE BEEN CHECKING WITH DOTTI.

THE PROJECT HAS NOW BEEN PLACED ON HOLD.

I HAVE SOME SIGNIFICANT SAFETY ISSUES.

WE'VE HAD SOME FATALITIES ON THIS ROAD.

IT'S NOT THAT WE'RE OPPOSED TO THIS DEVELOPMENT.

WE KNOW THE DEVELOPMENT IS COMING.

THE DEVELOPMENT WILL BE GOING UP OUR ROAD.

IF IT GOES BEYOND THAT ROAD, THAT'S FINE.

BUT WE DON'T WANT TO PAY FOR THAT PORTION OF IT BECAUSE THEY ONLY HAVE ONE WAY IN.

THEY'RE GOING TO BE USING MIRA LOMA BOULEVARD.

SO WHY SHOULD WE TAKE ON THESE ARE GATED COMMUNITIES.

LET THEM SPLIT IT UP, GIVE THEM A PERCENTAGE.

BUT BOTTOM LINE, F.D.A., THIS IS A SAFETY ISSUE.

I'M NOT OPPOSED TO THIS DEVELOPMENT NOW.

THERE'S NO MONEYS TO DO IT.

THEY'VE SCRAPPED THE PROJECT.

THE NUMBERS THERE IS ISSUES, SUZANNE, JACKSON, BREVARD COUNTY.

YOU KNOW, THE TRAFFIC WILL BE MONITORED.

THE DEVELOPMENT WILL BE MONITORED DUE TO A TWO LANE HIGHWAY.

THERE ARE ISSUES. I TALK TO SPACE COAST, 10 WHEELERS BACK IN 2019.

THEY COME DOWN HERE, I ALMOST GET HIT.

THEY CROSS OVER THE YELLOW LINE.

THESE ARE ALL CONCERNS I HAVE.

THERE'S A SAFETY CONCERNS.

WE HAVE AN ELEMENTARY SCHOOL AT MIRA LOMA BOULEVARD AND BABCOCK.

SO I ASK YOU, WOULD YOU FEEL SAFE? I MEAN, THERE'S NO THERE'S NO PLAN.

THERE IS AN ISSUE WHERE THINGS ARE GOING TO GO, THE FUNDING OF THE REPAIR FROM WILLOWBROOK TO ST.

TAMIKO. BUT THEN THE OTHER REPAIR HAS BEEN FUNDED.

SEVEN HUNDRED AND SIXTY FOUR THOUSAND.

BUT MORE IMPORTANTLY, WE HAVE FUNDING THAT HAS NOT TAKEN PLACE.

THE IMPACT FEES.

FIFTY PERCENT OF THE IMPACT FEES.

WILL THOSE BE COLLECTED FROM BOVARD COUNTY AND THE CITY? WILL THOSE BE ALLOCATED BECAUSE THERE ARE 50 PERCENT ARE FOR THE ROAD TO THESE PROJECTS, TO THIS AREA. THANK YOU.

AND I ASK YOU TO CONSIDER OUR CONCERNS.

[02:10:04]

THAT EVENING, MAYOR AND STAFF, THE NAME IS LUCIANA FLORES, A RETIRED 30 500 HUBBER COURT ARTIST. I'M NOT A CURRENT PRESIDENT OF THE JOY OF THAT COMMUNITY.

A RECENT. TO KIND OF ECHO SOME OF THE STUFF THAT'S GOING ON, BUT WE'RE NOT OPPOSED TO ANY EXPANSIONS OF COMMUNITIES BEING DEVELOPED.

THE ONLY CONCERNS THAT WE REALLY HAVE IS.

BUT THE ONLY ONES THAT ARE REALLY GOING TO PROFIT FROM THESE COMMUNITIES IS THE DEVELOPER AND THE BUILDER. ONLY THING THAT WE'RE GOING TO END UP GETTING OUT OF ALL OF THIS DEAL IS TRAFFIC CONGESTION, MORE FEES, ED, TO OUR FINANCIAL BURDEN THAT MAY FORCE OUT SOME OF THE HOMEOWNERS IN THAT AREA.

AND THAT'S A CONCERN FOR OUR COMMUNITY AND THEN THE OTHER PART IS WE HAVE COMMUNITIES THAT ARE BEING DEVELOPED WITH THE PROMISE THAT THEIR FEES ARE ONLY GOING TO BE SIX HUNDRED DOLLARS A YEAR ARE ACTUALLY FEES RIGHT NOW AT 200.

WHY WOULD YOU COME IN INTO AN OLDER COMMUNITY, BUY TO BUY A 200000 OR 300000 DOLLAR HOME AND PAY TWELVE HUNDRED DOLLARS WHERE YOU CAN GO ACROSS THE ROAD AND HAVE ONE BUILT AND PAY SIX HUNDRED DOLLARS A YEAR, THAT'S GOING TO BRING OUR PROPERTY VALUES DOWN? SO THAT'S PART OF THE CONCERNS THAT WE HAVE AND WE JUST.

WORRY THAT OUR OUR COMMUNITY IS GOING TO GO DOWN IN VALUE DUE TO ALL OF THESE FACTS.

SO THAT'S ALL I HAVE TO SAY.

THANK YOU FOR LISTENING. THANK YOU.

EXPE. IS THERE ANYONE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? CNN, I'M GOING TO CLOSE THE PUBLIC HEARING.

OH, AS YOU WERE THERE FOR.

AS YOU WERE. KIND OF LATE, SIR, I'M SORRY, I'LL BE BRIEF.

THANK YOU FOR A COUPLE OF COMMENTS.

FIRST OF ALL, I JUST ASKED THE COUNCIL TO BEAR IN MIND THAT THE PARTIES TO THE I HESITATE, EVEN TALK ABOUT THE SHARED SERVICES AGREEMENT REALLY HAS NO BEARING ON THE APPROVAL OF THE PD.

BUT BEAR IN MIND, THE SHARED SERVICES AGREEMENT IS NOT WITH THE DEVELOPERS, WITH A COMPANY CALLED MARILENA BOULEVARD ASSOCIATION.

IT'S NOT THE DEVELOPER, WATERSTON FARMS, AND SECONDLY, LISTEN, EVERYBODY WOULD ALWAYS BE IN FAVOR OF TRYING TO GET ALONG AND ACT IN GOOD FAITH IN THOSE KIND OF THINGS, BUT CERTAINLY NOT SOMETHING YOU CAN LEGISLATE THAT ALREADY.

THAT'S NOT EVEN AN ENTITY WAS NOT A PARTY TO THE APPLICATION, TO THE DEVELOPMENT.

SOME HAS TO BE SOMEHOW TO BE LEGISLATED TO ACT IN GOOD FAITH.

WHAT ARE YOU GOING TO TELL THEM TO DO? BECAUSE QUITE FRANKLY, THE SHARED SERVICES AGREEMENT BEAR IN MIND, ALOMA, ALL OF OUR ASSOCIATION PAYS 85 CENTS OUT OF EVERY DOLLAR TO IMPROVE THE AREA.

THE THE MASTER CONTRIBUTES 15 CENTS OF EVERY DOLLAR.

SO CLEARLY, WHATEVER HAPPENS IN THE FUTURE WITH THE ROAD OR THE ROAD EXTENSION, THE MARILENA BOLÍVAR ASSOCIATION HAS AN INTEREST IN THAT.

QUITE FRANKLY, UNTIL WE KNOW WHO BUYS IT, WHAT THEY DO WITH THE ROAD, WHO KNOWS WHAT THAT'LL BE PUBLIC.

AND MAYBE ONE THING IS PRIVATE.

IT MAY BE SOMETHING COMPLETELY DIFFERENT.

SO I JUST ASK YOU TO SORT OF KEEP THAT IN MIND.

AND FINALLY, WITH RESPECT TO THE COMMENT ABOUT CHANGING THE NAME OF THE OF THE ROAD, IT'S NOT A LEGAL OPINION, PER SAY, BUT IT SEEMS IT MIGHT HAVE AN IMPACT IN THAT IT MAY OBVIATE ALL THESE ISSUES. IS THIS A DIFFERENT ROAD? IT WAS SEEN BY THE CITY AND THE COUNCIL TO KEEP THAT IN MIND.

THANK YOU. ANY OTHER QUESTIONS? ELSEWHERE IN BAILEY YOU YEAR READ THAT LAST I MEAN, JUST ME, BECAUSE I THINK I DIDN'T FOLLOW FULLY ON THE NAME CHANGE.

YES, IT'S IT SEEMS TO ME IT MAY BE THAT IF YOU CHANGE THE NAME OF THE ROAD, IT WOULD NO LONGER BE CONSIDERED AN EXTENSION OF MARIJUANA BOULEVARD, IF YOU WILL.

I DON'T WANT TO GET INTO SEMANTICS ABOUT IT, BUT THERE'S A DIFFERENT ROAD WITH A DIFFERENT NAME. IT MAY, IN FACT, OBVIATE THE ISSUE ABOUT WHETHER OR NOT THE SERVICES AS IT EXISTS WOULD EVEN LIE.

SO YOU'RE QUALIFIED? NO, BEFORE THAT, BECAUSE I'M GOING TO ASK FOR YOUR OPINION BECAUSE OUR ATTORNEY WASN'T ABLE TO GIVE IT TO ME EARLIER.

DOES THE NAME AFFECT THAT SERVICE AGREEMENT? IT DOESN'T AFFECT THE SERVICES AGREEMENT BECAUSE THE AGREEMENT IS WHAT IT IS.

QUESTION IS WHETHER OR NOT IF YOU IF YOU HAD A DIFFERENT ROAD WITH THE AGREEMENT APPLY TO THE NEW ROAD, IT WOULD SEEM NOT TO BE SORT OF MY LOGICAL READING OF IT, THINKING THROUGH IT ON THE SPOT. ONE OTHER QUESTION I HAVE, BECAUSE I'LL BE FRANK WITH YOU AND AND I KNOW

[02:15:04]

I'VE MET WITH THEM IN PERSON MORE TIMES THAN YOURSELF.

BUT YOU'VE BEEN BEFORE US.

FRANKLY, YOU GUYS WOULD MADE THINGS A LOT EASIER IF YOU WOULD HAVE HAD AN AGREEMENT WITH THEIR LAWYER, THEIR REPRESENTATIVE, ARI WORKED OUT BEFORE THIS MEETING BECAUSE THAT WOULD GIVE US CLARITY BECAUSE THE NAME IS WITHIN THE DOMAIN OF WHAT WE'RE CONSIDERING TONIGHT, AS WAS STATED EARLIER BY OUR STAFF.

SO I GUESS SO.

I GUESS WHAT I'M TRYING TO FIGURE OUT IS THAT THE INTENT IS TO HAVE YOU.

WERE YOU ABLE TO WORK ON THE NAME AGREEMENT AGREEMENTS FAR AS THE NAME OR AS FAR AS HOW THE NAME IS GOING TO IMPACT THAT SO THAT WE CAN MAKE THAT DECISION TONIGHT? AS FAR AS WHAT THE NAME WILL BE? WELL, I THINK THE BELIEF IS THAT WE THE DEVELOPER WOULD WATERSON WOULD PREFER THE NAME CHANGE. NOW, THEY MAY FEEL THE SAME WAY.

APPARENTLY THEY DO. SO I THINK WE'RE KINDRED SPIRITS ON THAT ISSUE.

WE HAVEN'T SAT DOWN AND AGREED UPON IT, BUT IT SEEM TO MAKE SENSE, I THINK, IF THE NAME WERE CHANGED. IT WOULD, AGAIN, AS A MATTER OF JUST APPLICATION OF THE AGREEMENT, PROBABLY WOULD NOT APPLY ANYMORE.

SO SOMETHING MR. BIRD, YOU KNOW, AND I YOU KNOW, I HEAR WHAT MY COLLEAGUES ARE SAYING UP HERE AT THE SAME TIME, YOU KNOW, I THINK HE HIT THE NAIL ON THE HEAD, PERHAPS SINCE BOTH PARTIES AGREE THAT THE NAMES SHOULD HAVE CHANGED, SHOULD CHANGE BURAK AM I HEARING YOU CORRECTLY? IF I HEAR THEM, THEY WANT TO CHANGE.

WE WANT TO CHANGE AS WELL. YES.

SO FROM THAT POINT OF WHERE THE ENTIRE ROAD IS GOING TO BE CHANGED, BUT FROM THE POINT OF WHERE IT'S GOING TO BE CHANGED.

YES, CORRECT. WHY WOULDN'T THERE BE AN AGREEMENT KEEPING THE NAME THE SAME, BUT FROM THAT THRESHOLD OF WHERE IT WOULD CHANGE? BECAUSE I'M ALSO HERE IN PUBLIC SAFETY ISSUES ARE, YOU KNOW, ANYTHING THAT CAN CAUSE A DELAY IN A RESPONSE TIME FROM OUR PUBLIC SAFETY OFFICIALS? ANY SECOND CAN COST A LIFE.

SO IF THEY'RE SAYING THAT THIS THE SAME QUARTER, HAVING A NAME CHANGE IN THE MIDDLE OF IT CAN COST ONE LIFE BY A DELAY OF A SECOND, THAT THAT'S SOMETHING THAT WE NEED TO CONSIDER AS WELL. AND SO WHAT MY COLLEAGUES, WHEN I'M HEARING THEM SAY IS PERHAPS AN AGREEMENT SHOULD HAVE SAID IT BY THIS POINT WHERE THIS THRESHOLD OF WHERE THIS ROAD WOULD END AND BEGIN IN ANOTHER NAME, PERHAPS THAT AGREEMENT SHOULD HAVE ENSUED BEFORE COMING BEFORE THIS COUNCIL. WELL, LET ME COMMENT ON THAT.

THE REASON WHY WE WANT THE NAME CHANGED BECAUSE IT DIFFERENTIATES BETWEEN THE COMMUNITIES. IT'S A SEPARATE AREA.

THE REASON WHY THE HIGHWAY MAY WANT THE NAME CHANGED MAY BE ENTIRELY DIFFERENT.

WE JUST HAPPENED TO COME TO THE SAME CONCLUSION.

THAT'S THAT'S OUR BASIC BELIEF, IS IT IS SORT OF DEMARCATES DIFFERENTIATES BETWEEN AND WE'RE NOW HEADING INTO SOMETHING OTHER THAN THE MARALAL BOULEVARD AREA WITH RESPECT TO THE SAFETY ISSUES. I DEFER TO THE EXPERTS ON THAT, QUITE FRANKLY.

SO SO HERE LIES THE DILEMMA FOR PUBLIC SAFETY, OFFICIALS ARE SAYING THAT THERE COULD BE YOU KNOW, IT SHOULD BE CONSISTENT AND THAT'S SOMETHING THAT YOU HAVE TO WEIGH IN WHEN IT COMES TO FUTURE CALLS OUT THERE.

WELL, AND THAT'S ALSO WHY IT SEEMS PREMATURE.

IT WOULD NOT BE APPROPRIATE, I BELIEVE, TO TO BASE THE APPROVAL OF THE PD ON THE NAME CHANGE. WHAT HAPPENS TO THE SHARE SERVICES AGREEMENT, WHICH, BY THE WAY, INVOLVES A PARTY NOT IN THE ROOM TODAY? TECHNICALLY SPEAKING, THAT'S SOMETHING THAT'S GOING TO HAVE TO BE WORKED OUT.

AND QUITE FRANKLY, WHEN THE YOU KNOW, WHEN THE WHEN THE BUILDER DECIDES WHAT THEY'RE GOING TO DO WITH THE ROAD, REMEMBER, IT WILL BE THEIR PROPERTY.

WHAT THEY DO WITH IT WILL IMPACT EVERYTHING.

GREAT. AT THAT POINT, I WOULD PRESUME THAT THE MAYOR BOULEVARD ASSOCIATION A2A, THE NEW ACOA, REMEMBER, THAT COULD BE MULTIPLE CHOICE OR SIT DOWN, TRY TO FIGURE THIS OUT.

BUT FOR TONIGHT, THE SIMPLE QUESTION IS, SHOULD THE P.

P SHOULD BE APPROVED? AND I THINK IT MEETS ALL THE CRITERIA.

SO ANY OTHER QUESTIONS? I'D BE GLAD TO TAKE A STAB AT IT.

THANK YOU, MR.. ALL RIGHT.

THANK YOU. ANY ADDITIONAL COUNCILMAN BAILEY AND MAYOR SMITH? AND THEN YOU CAN RESERVE A CHANCE TO STILL CLOSE, BECAUSE I DID WANT TO ASK A QUESTION OF STAFF THAT BE OUT OF ORDER.

AS LONG AS THE MAYOR CONCURS, WE HAVEN'T CLOSED IT, WE HAVEN'T CLOSED.

I'M CLOSE. MR. SHERMAN MAYOR MAY BRING MR. BRADLEY BACK UP AGAIN. I'D ALSO LIKE TO BRING OUR FIRE CHIEF UP, AND THAT'S FINE WITH ME, MR. WATANABE, TOO, BECAUSE, AS EXPRESSED, THEY HAD CONCERNS EARLIER.

I'M LOOKING FOR A AND OBVIOUSLY IT'S A UNIQUE SITUATION.

WHAT I'M CURIOUS ABOUT, IS THERE ANYTHING WHERE WE CAN HAVE A TEMPORARY ROAD NAME OR ANY OTHER OPTION WHERE WE CAN MEET? BECAUSE I AGREE WITH STAFF'S RECOMMENDATION THAT IT BE CONSISTENT.

[02:20:01]

THERE'S ANY OTHER RESOLUTION THAT COULD BE A TEMPORARY RESOLUTION SO THAT WE CAN HEAR THE MERITS OF THIS ARGUMENT WHILE PRESERVING THE NAME CHANGE.

THEN IF THEY WORK IT OUT AT SOME POINT IN THE FUTURE, WE CAN MAKE IT MARULLO ALL THE WAY THROUGH. I'M JUST I'M JUST MAKING SURE I ASK, THAT'S ALL.

WELL, AS I SAID EARLIER, YOU'RE ACCEPTING THE PLAQUE THIS EVENING AS WELL.

SO THAT'S IT'S ON THERE.

AND THAT'S PART OF THE PLAN ISN'T GOING TO BE FINALLY APPROVED.

THEY'RE GOING TO BE SIGNED OFF BECAUSE A CITY ENGINEER, CITY SURVEYOR AND THE MAYOR HAVE TO SIGN THE PLAN. AND THAT'S NOT HAPPENING TONIGHT.

BUT THAT WILL HAPPEN SOON.

AND WHATEVER'S ON THERE IS PART OF THIS.

SO, YOU KNOW, IT WASN'T IT WAS REALLY A JOINT DECISION BETWEEN US AND PUBLIC WORKS.

AND, YOU KNOW, I CAN THEY CAN SPEAK FOR THAT PART OF IT.

BUT THERE'S A PUBLIC SAFETY ISSUE AS WELL, BECAUSE WHEN YOU HAVE VEHICLES, AS I HEARD EARLIER, WHEN THEY'RE DISPATCHING, THERE IS IS A CONCERN ABOUT WHERE ARE YOU GOING AND WHERE DOES THIS ROAD NAME CHANGE? USUALLY IT'S AT AN INTERSECTION OR AT SOME OTHER LOGICAL BREAK POINT.

I'M NOT SURE WHERE THAT IS.

MAYBE THEY'RE THINKING IT'S THE CUL DE SAC OR THE THE ROTARY THAT'S THERE.

BUT I WOULD DEFER TO THE CITY ENGINEER ON HOW THAT'S DONE AND BEST PRACTICES.

QUICK FOLLOW UP HAS BEEN REPRESENTED THAT BUT HAVING THE NAME CHANGE WAS APPROVED BY THE COUNTY, INCLUDING NINE ONE ONE DISPATCH GREG.

I DON'T BELIEVE THAT HAPPENS AT THIS STAGE, IT WOULD HAPPEN LATER IF IT WOULD HAPPEN WHEN WE START DOING ADDRESS ADDRESSING, WE'RE NOT AT THAT STAGE YET.

OK, I'LL ASK THE APPLICANT WHENEVER THEY COME BACK UP.

THANK YOU. THANK YOU. DID YOU WANT TO MISS THE ONE NO, YOU ONLY MISS ONE ON ME IF YOU DO FEEL THERE'S ANYTHING THAT YOU CAN CONTRIBUTE FURTHER.

FOR THE RECORD, I APPRECIATE IT.

JUST MAKE SURE I UNDERSTAND BEFORE WE MAKE A DECISION.

AGAIN, FRANK WATANABE, THE CITY ENGINEER, WHAT LARRY MENTIONED IS CORRECT, WOULD YOU WANT TO DO ON A STREET IF YOU WANT TO STOP AT A CRITICAL ECOLOGICAL TERMINAL POINT? SO WE'RE AT THAT POINT WOULD BE TYPICAL ON THE STREET IS THE T INTERSECTION BEYOND THAT POINT? IF THERE'S A VISIT, IF THERE'S A FOUR WAY TRAFFIC CIRCLE, THERE'S AN EXTENSION THAT GOES BEYOND THAT. SO THAT REALLY HAS TO STAY CONSISTENT WITH THE NAME JUST FOR LOGICAL SENSE. SO WE'RE WHERE YOU WANT TO STOP WHAT THEY CALL A LOGICAL TURNING POINT, WHICH SHOULD BE AT A T INTERSECTION.

I'LL BE THE. YOU SECURE.

MADAM CHIEF.

MAIN REASON WE WOULD WANT TO KNOW IF THEY'RE GOING TO CHANGE THE NAME AND THAT IT HAS A LOGICAL PLACE, IS WHEN YOU CALL 911 FROM YOUR PHONE, IT REGISTERS THAT YOU'RE AT THAT ADDRESS WHERE YOU'RE AT.

WE'VE HAD CONFUSION BECAUSE ON A CELL PHONE CALL, THE DISPATCHERS WILL AUTOMATICALLY ASK, WHERE ARE YOU IF THEY HAVE A CONFUSION WITH THE ROAD OR IT HITS THE WRONG CELL TOWER.

WE CAN SEND UNITS TO THE WRONG PLACE.

AND WHAT WE DON'T WANT TO DO, AND IT'S NEVER A GOOD PRACTICE TO HAVE A LENGTH OF ROAD AND ONE THROUGH 300 IS A CERTAIN ADDRESS.

AND THEN WHEN YOU HIT THREE ONE, IT CHANGES TO ANOTHER.

IT'S JUST NOT THE TIME TO TRY AND FIND A ROAD.

SO JUST LIKE THIS ONE, TANABE SAID, AN INTERSECTION, A BREAK IN THE ROAD, SOMETHING THAT MAKES IT MORE LOGICAL THAT WE CAN ACTUALLY FIND IT WHEN WE'RE RESPONDING, AS IS KIND OF CRITICAL TO GETTING THERE ON TIME.

I APPRECIATE YOU COMING ON THE RECORD, MAN.

THANK YOU. YOU KNOW, THE SPEAKERS I'M CLOSING THE PUBLIC HEARING AT THIS TIME.

THEY JUST SAID THEY HAVE A RIGHT TO CLOSE AFTER YOU ALLOWED ADDITIONAL COMPANY TESTIMONY, SO THEY HAVE TO STEP FORWARD.

AND MY APOLOGIES, MR. BURKE. THANK YOU.

JUST TO BE CLEAR, OUR APPLICATION IS NOT CONTINGENT UPON APPROVAL OF A NAME CHANGE.

THAT WAS JUST A SORT OF A PRACTICAL CONSIDERATION.

AND WHAT THIS POINT SAID IS HOW PREMATURE IT IS TO TALK ABOUT WHAT'S GOING TO HAPPEN ON THAT ROAD. I MEAN, MAYBE GAITED, MAYBE PRIVATE.

AND THAT'S GOING TO BE UP TO THE DEVELOPER TO DECIDE AND THEN TO FOLLOW THE PROTOCOL TO HAVE THE ROAD DEDICATED.

WE JUST DON'T KNOW. THAT'S WHY YOU CAN'T DICTATE WHAT WILL HAPPEN.

YOU CAN'T DICTATE WHAT HAPPEN IN THE SHARED SERVICES AGREEMENT.

RIGHT NOW, THE ISSUE IS IF APPROVED THE SUBDIVISION AND THEN GO FROM THERE, MAYBE THE MOST CHANGE, MAYBE IT'S NOT.

MAYBE IT'S GATED, MAYBE IT'S NOT.

MAYBE THE SHARED SERVICES MAYBE HAD DONE ALL THIS NOT BEFORE THE COUNCIL TONIGHT.

SO APPRECIATE THE TIME.

THANK YOU. AND JUST QUICKLY, CAN YOU WAS IT REPRESENTED BY ONE OF THE FOUNDERS? IT WAS JAKE OR I'M NOT SURE.

[02:25:02]

I THOUGHT I THOUGHT HE DID, BUT MIGHT HAVE.

I HAVE BEEN A RUN ON. NO, NOT THAT THEY APPROVED THE NAME CHANGE.

IT'S JUST TOO EARLY IN THE PROCESS FOR THAT.

WE DON'T EVEN GET TO MAKE THAT APPLICATION.

THEY JUST APPROVED THE NAMES THAT WE HAVE FOUND THERE.

THAT'S ALL THEY APPROVE OF.

SO JUST SPECIFIC NAMES.

OK, JUST JUST THE NAME ITSELF THAT THEY APPROVED NAMING THAT ROAD THAT CHANGED TOO EARLY.

THEY WOULDN'T EVEN ACCEPT THEIR APPLICATION AT THIS TIME UNTIL THE COUNCIL APPROVES THAT PRELIMINARY PLOT AND OUR FINAL.

THANK YOU. THANK YOU.

THANK YOU. AT THIS TIME, I'M CLOSING THE PUBLIC HEARING AND I'M ENTERTAINING EMOTION AND IN DISCUSSION. ALSO, WHAT IS YOUR PLEASURE? MAY I MAKE A MOTION TO ONE IS 2021, THAT'S TWENTY SEVEN FOR FIRST READING WITH THE CONDITIONS WITHIN THE STAFF REPORT.

OK, SO I GOT A MOTION BY COUNCILMAN BAILEY, SECONDED BY COUNCILMAN FELIX.

DISCUSSION. YOU'RE SPEAKER OF.

OR. WE WE PRETTY MUCH BEAT THE HORSE OUT OF A DISCUSSION ABOUT THIS ITEM, TO ME, THE NAME CHANGE, AS HAS BEEN STATED, I DON'T SEE.

YOU KNOW, MUCH OF NEEDS FOR NOW, AND I DON'T QUITE UNDERSTAND, AND I TEND TO LEAN, LEAN ON STUFF, EXPERTIZE ON THAT ONE, I WOULD BE IN SUPPORT OF THIS ITEM.

ELSEWHERE IN BAILEY, YOU MAKE THE MOST HOURS AFTER CLOSE.

DEPUTY MAYOR JOHNSON, THANK YOU, MAYOR.

I'LL BE BRIEF, I WILL SUPPORT THIS MOTION, BUT TO MR. BURT, I AGREE WE CAN'T LEGISLATE UP HERE IN REGARDS TO WHAT'S WHAT'S GOING ON WITH THIS REGARD, SEATTLE'S AGREEMENT.

BUT WE CAN ENCOURAGE BECAUSE THIS IS OUR CITY AND WE WANT EVERYBODY TO GET ALONG AND WE WANT EVERYBODY TO DO RIGHT BY ONE ANOTHER.

SO I JUST WANT TO STRONGLY ENCOURAGE BECAUSE SINCE FEBRUARY HAS BEEN FOUR MONTHS AND HE'S THE GENTLEMAN RIGHT HERE HAS SHARE THAT YOU HAVE HAD COMMUNICATION BUT HAVEN'T CLOSED THE LOOP ON EVERYTHING. SO I JUST WANT TO STRONGLY ENCOURAGE BOTH PARTIES BECAUSE HE'S I SEE HE'S WILLING. YOU'RE SHOWING THAT YOU'RE WILLING.

SO, NO, WE CAN'T LEGISLATE.

BUT I WANT TO STRONGLY ENCOURAGE LET'S GET THIS WORKED OUT SO WE CAN WORK TOGETHER AND GROW TOGETHER AND HAVE A CHEESECAKE FACTORY.

BUT ALL JOKES ASIDE, ALL JOKES ASIDE, I WANT TO SEE EVERYBODY WORK TOGETHER.

SO CONTINUE DIALOG.

AND LET'S GET THIS LET'S GET THIS DONE RIGHT FOR EVERYBODY.

SO THAT'S ALL. COUNCILMAN FOSTER, I WANTED TO GIVE YOU AN OPPORTUNITY TO WEIGH IN, SINCE YOU'RE ON THE PHONE AND I CAN'T MAKE A VISUAL OF YOU, SIR.

THANK YOU, SIR. YOU KNOW, I THOUGHT THIS ISSUE WAS RESOLVED LAST.

WE'RE HEARING ON THIS I'M GOING TO WAIT ON THE SIDE OF PUBLIC SAFETY AND LISTEN TO OUR STAFF AND OUR FIRE CHIEF AND I'M GOING TO ON THE SIDE OF PUBLIC SAFETY TO MAINTAIN THE WAY AND THE NAME OF THE ROAD.

BUT THE ISSUE OF WHO'S GOING TO PAY TO DECIDE, THAT'S A PRIVATE ISSUE.

THE DEVELOPER EQUATE IT TO WORK THAT OUT.

AND I THOUGHT IT WOULD HAVE HAD THAT DONE PRIOR TO THIS MEETING.

BUT WHEN IT COMES TO THE SAFETY OF PEOPLE THAT LIVE IN THE SUBDIVISION, THAT'S OUR CONCERN THAT FALLS IN COUNCIL LAP.

AND WE NEED TO GO WITH STAFF RECOMMENDATION AND SAFETY BY OUR FIRST RESPONDERS RESPONDING TO ANY EMERGENCY ON THE NO MORE THE BILL.

BUT I WILL SUPPORT THIS MOTION.

THANK YOU. THANK YOU.

APPRECIATE YOUR COMMENTS. COUNCILMAN BAILEY, YOU WANTED TO CLOSE, YOU SAID OR DID YOU WANT TO HEAR MY COMMENTS FIRST? SO THE FIRST THING IS WE'RE NOT DECIDING ON THE NAME CHANGE OF THIS QUARTER.

AND AND I I WANT TO AGREE WITH DEPUTY MAYOR JOHNSON IN THE FACT THAT WE REALLY WANT TO GET ALONG WITH OUR NEIGHBORS.

AND WHAT WE'RE DOING AS WE CONTINUE, AS WE MOVE FORWARD IS WE'RE BUILDING COMMUNITIES.

AND IN THOSE COMMUNITIES, WE SHOULD ALL GET ALONG.

WE WOULDN'T WANT TO THE HATFIELDS AND MCCOYS IN IN OUR IN OUR CITY.

SO I REALLY APPRECIATE THE COMMENTS.

[02:30:04]

YOU COULD CALL IT THE CHEESE CAKE FACTORY IF YOU'RE GOING TO NAME A STREET, BUT BE CONSISTENT AND LET'S KEEP IT ONE NAME, BECAUSE AS OUR CHIEF SO ELOQUENTLY PUT IT, ONE SECOND. ONE, ONE.

DELAY CAN CAUSE A HUMAN LIFE, AND THAT IS CRITICAL WHEN WE'RE MAKING DECISIONS UP HERE, WE WOULD WE WOULD ALWAYS WANT TO AIR ON THE SIDE OF LIFE.

SO I WOULD SUPPORT THIS MOTION.

HOWEVER, I WOULD ALSO ENCOURAGE LET'S LET'S GET TOGETHER.

LET'S WORK THINGS OUT EVEN THOUGH THERE'S NO LEGAL LEGISLATIVE POWER THAT WE HAVE.

BUT WE CERTAINLY WANT TO BE HAVE A UNITED CITY IN THAT REGARD.

COUNCILMAN BAILEY. AND THANK YOU, MAYOR.

AND, YOU KNOW, SOMETIMES I HAVE THESE CONFLICTING THOUGHTS.

SOMETIMES I END UP BEING THE ONE MAKING, YOU KNOW, I'VE MADE MOTIONS AND THESE THESE CONTENTIOUS TIMES JUST BECAUSE TO ME IT'S CLEAR WE CAN'T SAY NO BASED ON THIS, BASED ON THE PRIVATE AGREEMENT, OBVIOUSLY, IF THERE IS A RATIONAL WAY OF DOING THAT, THE NAME CHANGE THAT WOULD PRESERVE THE BEST INTEREST OF OUR CURRENT RESIDENTS, I WOULD HAVE PURSUED THAT ROUTE. BUT CHANGING THE NAME OF THAT AT THAT ROUNDABOUT IS NOT I MEAN, AS STAFF HAS SAID, AS WHICH ARE EXPERT WITNESSES.

THEY ARE ARE WHAT WE HAVE TO BASE OUR JUDGMENT ON.

AND I DON'T THINK THERE'S BEEN ANY OTHER WITNESSES HAVE SAID OTHERWISE.

IT DOESN'T MAKE SENSE TO DO THAT.

AND I THINK EVERYBODY SHOULD AGREE THAT THAT'S THAT'S NOT THE BEST PUBLIC INTEREST OF EVERYBODY WHO'S GOING TO BE LIVING IN THAT AREA, INCLUDING YOURS, INCLUDING THE PEOPLE IN THE NORTH. AND IT COULD CONFUSE THEM.

I DO IMPLORE THE THE APPLICANT AND LIKE I SAID, I'VE LOST THAT ROAD WAS GOING TO BE A DEDICATED ROAD AT THAT INTERSECTION AROUND THAT ROUNDABOUT.

IT DOESN'T MAKE ANY SENSE TO ME, BUT IT'S NEVER BEEN REPRESENTED.

IT WOULD BE. AND OBVIOUSLY RIGHT NOW, I GUESS I HEAR THAT THERE'S BIAS INVOLVED OR SOUND.

NOW, SOMEBODY ELSE MIGHT MIGHT GO FOR IT AND MIGHT NOT BE THE SAME APPLICANT'S ZACH PLANS. IT DOESN'T KNOW.

THE LAWYERS ARGUED ALL THE POSSIBILITIES OF WHAT IT COULD BE.

THE BOTTOM LINE IS IT'S PROBABLY GOING TO BE OPEN TO THE PUBLIC, SO IT DOESN'T MAKE SENSE TO CHANGE THE NAME THERE.

BUT I DO IMPLORE EVERYBODY, LOOK, IT'S UP TO THE APPLICANT NOW.

YOU GUYS WORK FOR THE APPLICANT ULTIMATELY, RIGHT? THE PEOPLE THAT ARE HERE TONIGHT, YOU REPRESENT THE OWNER.

BUT I DO IMPLORE THE OWNER TO AND TO ANY FUTURE OWNER TO DO THE RIGHT THING.

AS FAR AS THE CONTRACT, YOU GUYS HAVE MADE CLEAR IN THE PUBLIC RECORD THAT YOU GUYS MY CHANGING THE NAME. I DO IMPLORE YOU GUYS DO THAT.

UNFORTUNATELY FOR THE CURRENT RESIDENTS, THIS IS JUST NOT THE RIGHT LEVERAGE POINT OF LEVERAGE. WE CAN'T LEGALLY DENY THEM BASED ON THAT.

THE CITY WOULD BE END UP HAPPENING, GET IT PILLED ANYWAYS.

SO ANYHOW, IT'S IT'S A DIFFICULT DECISION.

I JUST HOPE IT ALL WORKS OUT AND EVERYBODY CAN LIVE NO.

HAPPILY AFTERWARDS. BUT GOOD LUCK, SIR.

GOOD LUCK TRYING TO KEEP IT MOVING FORWARD AND GOOD LUCK WITH THE PROJECT TOO.

OK, I GOT A MOTION BY COUNCILMAN BAILEY.

I HAVE A SECONDED BY COUNCILMAN FELIX.

I'M CALLING IT FOR A VOTE.

ALL IN FAVOR, I HOPE ANY APPOSE PASSES UNANIMOUSLY.

LISTEN, I'D LIKE TO TAKE A FIVE MINUTE BREAK, SO WE'RE IN RECESS.

I'M GOING TO CALL THIS MEETING BACK TO ORDER.

WE ARE ON ITEM FIVE, MADAM SMITH.

2021, DASH TWENTY EIGHT, AN AUDIENCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, APPROVING A FINAL DEVELOPMENT PLAN TO BE KNOWN AS CHAPARRAL PHASE THREE AND PUDI PLAN UNIT ZONING, WHICH PROPERTY IS LOCATED WEST OF AN ADJACENT TO FLYING UIHLEIN IN THE VICINITY SOUTH OF MALABAR ROAD AND EAST OF ALESSANDRI.

LEGAULT DESCRIBED HEREIN PROVIDING FOR A COMMITMENT PERIOD PROVIDED FOR AN EFFECTIVE DATE. I'M GOING TO OPEN THE PUBLIC HEARING AN ASK AND ASK THE APPLICANT TO PRESENT HIS CASE. THANK YOU, JAKE WISE, CIVIL ENGINEER FOR THE PROJECT.

THIS IS NOT TOO DISSIMILAR AS A PREVIOUS PROJECT, EXCEPT A LOT LESS HAIR ON IT.

SO IT WILL BE A LOT BRIEFER.

THIS PROJECT IS ALSO STARTED SINCE 2005.

WE HAVE WORKED CLOSELY WITH OUR NEIGHBORS, BRENTWOOD LAKES TO THE EAST AND MALABAR WEST, MONROE LAKES WEST OF US.

AND I THINK WE HAVE BEEN ABLE TO WORK THROUGH ALL OF THE CONCERNS.

OF COURSE, I'LL LET THEM SPEAK AND MAKE SURE THAT THEY AGREE.

BUT JUST TO RUN THROUGH THE PROJECT QUICKLY, PHASE ONE, WE JUST GOT OUR FINAL CERTIFICATE OF COMPLETION. SO THE THAT PORTION IS FINISHED.

THAT'S THE MOST NORTHERN PORTION OF THAT COMES OFF OF MALABAR ROAD.

PHASE TWO WERE SCHEDULED.

PRE CONSTRUCTION MEETING ON PHASE TWO IS A VERY SMALL PHASE AND IT'S KIND OF IN THE

[02:35:03]

SO OUR NEIGHBORS WEREN'T VERY CONCERNED WITH PHASE TWO WHEN WE WEREN'T BROUGHT THAT BEFORE CITY COUNCIL AND P AND Z.

THEY'RE JUST ABOUT TO KICK THAT PORTION OF IT.

SO WHAT YOU'RE TALKING ABOUT TODAY IS PHASE THREE AND THIS ONE IS ALONG OUR WESTERN BOUNDARY AND PUSHES UP AGAINST MALABAR LAKES WEST.

SO WE HAVE HAD A LOT OF DISCUSSIONS WITH THEM AT NEIGHBORHOOD MEETINGS AND ALSO LESS PLANNING AND ZONING MEETING AND PREVIOUS COUNCIL MEETINGS.

AND WHAT WE HAVE AGREED TO IS THAT ALONG THAT WESTERN BOUNDARY, AS SOON AS WE START WORK ON PHASE THREE, THE FIRST THING WE'RE GOING TO DO IS PUT UP AN EIGHT FOOT TALL FENCE IMMEDIATELY AT THE BEGINNING.

AND WE'VE EVEN AGREED TO REMOVE THEIR OLD FENCES IF THEY PREFER US TO.

OR, OF COURSE, WE'LL LEAVE THEIRS ALONE IF THEY DON'T WANT US TO.

BUT WE AGREED ON THE EIGHT FEET TO HELP WITH THE SCREENING, HELP WITH THE RECONSTRUCTION.

WE CAN'T ALWAYS CONTROL WINDBLOWN DIRT.

WE DO HAVE IRRIGATION TRUCKS, THINGS LIKE THAT.

BUT AGAIN, JUST TO BE AS GOOD OF A NEIGHBOR AS WE CAN, NOT ONLY FOR THE LONG TERM, BUT THE SHORT TERM DURING CONSTRUCTION AS WELL.

UNIQUELY, THIS SITE, OUR FINISHED LOWER ELEVATIONS ARE ACTUALLY A LITTLE BIT LOWER THAN THEM TO THE WEST. NORMALLY WE HAVE NEWER PROJECTS THAT COME IN HIGHER BECAUSE OF NEW REGULATIONS. SO IN THAT PARTICULAR CASE, THAT FENCE WILL BE GREAT FOR BOTH SIDES BECAUSE THE FINISHED FLOOR ELEVATIONS ARE VERY SIMILAR TO EACH OTHER.

THIS IS PART OF A TWO HUNDRED AND FOUR A.M.

PLAN THAT WE HAVE APPROVED WITH A TOTAL OF SIX HUNDRED AND SEVENTY SEVEN UNITS.

SO HOPEFULLY YOU'LL BE SEEING US AGAIN FOR FUTURE PHASES.

AND AGAIN, WE JUST WANT TO WORK WELL WITH THEIR NEIGHBORS.

WITH BRENTWOOD LAKES TO THE EAST, WE DO HAVE A LARGE MELBOURNE CANAL BETWEEN US AND A WOODED BUFFER OF TREES.

AND SO WHEN WE DID HAVE THE NEIGHBORHOOD MEETING WITH THEM, THEY SEEMED OK WITH THAT.

AND WE HAVEN'T SEEN ANY OF THOSE RESIDENTS AT PREVIOUS PUBLIC HEARINGS THAT SAID THIS IS A DEVELOPMENT DISTRICT. WE'RE NOT PROPOSING A GATE AT ALL FOR THIS, WHICH IS A LITTLE UNUSUAL. BUT THE NICE PART ABOUT THAT IS THE ROADS ARE ALL BUILT TO CITY, STANDARDS ARE HIGHER. THEY'RE MAINTAINED BY THE KIDS, NOT BY THE CITY.

SO THEY'RE NOT GOING TO BE A BURDEN ON THE CITY AT ALL.

WE'RE ALSO EXTENDING UTILITIES, BOTH WATER AND WASTEWATER.

THIS PHASE INCLUDES A NEW STATION.

PHASE ONE INCLUDED ONE AS WELL, AND THE EXTENSION OF THE MAINS.

ONE OF THE REALLY COOL THINGS ABOUT THIS PROJECT IS THAT IT HAS A ROAD THAT COMES DOWN.

IT KIND OF WINDS THROUGH THE MIDDLE OF IT GAVE US AN OPPORTUNITY FOR A NICE, LONG, LINEAR TRAIL. WE HAVE POCKET PARKS ALL OVER THE PLACE, PHASE TWO AS A LITTLE BIT BIGGER PARK WITH AN EXERCISE TRAIL TYPE LOT.

AND THEN AFTER PHASE THREE, THE VERY NEXT PHASE, WE HAVE A STAFF CONDITION THAT WE FULLY AGREE WITH THAT WE CAN DO THE BIG PARK THAT'S AT THE VERY SOUTH END OF THIS PHASE CURRENTLY THAT YOU'RE PROVING.

SO THAT'LL BE COMING SOON TO YOU WITH THE VERY NEXT PHASE.

THIS PHASE ALSO HAS A PRESERVATION AREA THAT WE'RE MAINTAINING.

AND BECAUSE OF THE MELBOURNE TINMAN WATER CONTROL DISTRICT REQUIREMENTS FOR STORMWATER TREATMENT, WE ACTUALLY FAR EXCEED BOTH THE WATER MANAGEMENT DISTRICT AND THE CITY OF PALM BAY CODE FOR STORMWATER TREATMENT.

SO THE SITE WILL HAVE A LOT MORE TREATMENT, VOLUME AND OVERSIZE PONDS COMPARED TO SOME OTHER DEVELOPMENTS WITHIN THE CITY.

OH, THAT BEING SAID, YOU HAVE TO ANSWER ANY QUESTIONS YOU HAVE AND WE APPRECIATE A CHANCE TO RESPOND. ANY COMMENTS? AND I'M SHERMAN. I'LL HAVE OUR GROWTH MANAGEMENT DIRECTOR, LARRY BRADLEY, COME UP AND COVER THE ITEM FROM STAFF PERSPECTIVE.

HMM. GOOD EVENING AGAIN.

SO THIS IS THE PHASE THREE OF THE CHAPARRAL SUBDIVISION, IT'S 165 SINGLE FAMILY LOTS.

PHASE THREE WILL CONSIST OF 40, 107, 40 FOOT WIDE LOTS AND 50, 50 FOOT WIDE LOTS.

THE STAFF REVIEW THIS AND SO THE PLANNING AND ZONING AND WE BOTH RECOMMENDED APPROVAL GOING TO JUST JUMP RIGHT TO THE RECOMMENDATIONS OF STAFF.

ONE IS THAT THE BOUNDARY AND TITLE OPTION BE APPROVED BY THE CITY SURVEYOR DEED RESTRICTION SHALL BE SUBMITTED FOR CITY STAFF REVIEW AND APPROVAL ALL OUTSIDE AGENCIES.

MUST APPROVAL'S MUST BE OBTAINED, INCLUDING ST.

JOHN'S MILBOURNE TILLMANN, FLORIDA DEPARTMENT OF CHILD PROTECTION AND BROWARD COUNTY.

IT CONCURRENCY THE TERMINATION TERMINATION LETTER FROM SCHOOL BOARD OF BROWARD COUNTY.

THE MASTER AMENITY WITH FULL PLANS AND SPECIFICATIONS SHALL BE SUBMITTED BEFORE MENARY

[02:40:04]

AND I HEARD THAT THE APPLICANT IS IN AGREEMENT WITH THAT.

AND THERE WAS ONE CONDITION THAT WAS REQUESTED BY PLANNING AND ZONING BOARD, WHICH WAS ALSO COMMENTED ON THE CONDITION THAT AN EIGHT FOOT HIGH WALL OR FENCE BE ERECTED PRIOR TO THE COMPLETION OF PHASE ONE.

SO THOSE ARE ALL OF THE RECOMMENDATIONS OF STAFF AND BOTH STAFF AND PLANNING ZONING RECOMMEND APPROVAL OF THE PROJECT.

THANK YOU. THANK YOU.

THANKS. YOU COULD CALL.

BRINDUSA TEHREEK E.

TRIQUI. HELLO, MR. MAYOR AND COUNCIL.

MY NAME IS BRENDA SHIRAKI.

I LIVE ON ELLYSON DRIVE IN MALABAR LAKES WEST, AND I AM AN OFFICER OF THE DAY EVENT FOR 15 YEARS NOW. I SPOKE IN FRONT OF THE PLANNING AND ZONING BOARD AND I WAS THE ONE WHO REALLY, IN SPEAKING FOR THE RESIDENTS, REALLY FOUGHT FOR THE EFFORT WALL TO BEGIN TO BE PUT UP BEFORE ANY ADDITIONAL BUILDING IS DONE.

IT'S A WIDE LOTS.

IT'S THE WIND WHIPS AND BRINGS THE DIRT AND EVERYTHING.

OUR POOLS ARE CONSTANTLY DIRTY.

WE HAVE TO CHANGE OUR FILTERS.

SO FOSTER WISE WAS KIND ENOUGH TO SPEAK AT THE MEETING TO CALL THE BUILDERS, AND THEY AGREED. AND ALL OF THE PAPERS THAT I'VE SEEN PRINTED THE LEGISLATIVE MEMORANDUM AND ALL THE OTHERS. IT IS STATED THAT INSTALLING THE REQUIRED EIGHT FOOT HIGH FENCE C WOULD BE ERECTED AND THE COMPLETION OF PHASE ONE.

BECAUSE I'VE SEEN SO MUCH HAPPEN HERE AND BUILDING SO MANY MORE HOMES THAN BUSINESSES, WHICH WAS SPOKEN ABOUT BEFORE.

COULD THEY PLEASE? AND I JUST SPOKE TO MR. WISE ABOUT THIS, COULD IT PLEASE BE THAT THAT WALL NEEDS TO BE PUT UP AT OR BEFORE THE BEGINNING OF PHASE THREE? BECAUSE OUR BACKYARDS ARE RIGHT THERE AND THE DIRT COMES.

AND SO IF YOU GUYS COULD JUST PLEASE MAKE THAT A MANDATORY MARK FOR THEM, THEY'RE GOING TO PUT IT UP ANYWAY. SO IT'S NOT GOING TO HURT THEM TO PUT IT UP BEFORE THEY BEGIN THE BUILDING. AND THEY'VE AGREED.

BUT IN THE WRITING, IT SAYS, AND I KNOW IT'S JUST A LITTLE POINT, BUT IT COULD YOU KNOW, IT COULD MEAN A LOT FOR OUR HOMES.

WE LOOKED YOU COULD SEE ELLYSON DRIVE IS RIGHT NEXT TO THE YELLOW LINE, WHICH IS THE BACK OF THEIR PHASE THREE.

SO THAT'S WHAT OUR RESIDENTS ARE CONCERNED ABOUT.

AND ONE OF THE THING I'D LIKE TO JUST MENTION, I DON'T THINK ANYTHING COULD BE CHANGED.

BUT WHAT MAYBE YOU AS A GREAT BOARD THAT YOU ARE, CAN START THINKING WHEN NEW DEVELOPMENTS GET BROUGHT BEFORE YOU.

IT MIGHT BE WISE TO MAKE THE PEOPLE HAPPY TO BUILD DEVELOPMENTS SIMILAR TO THE DEVELOPMENT THEY'RE RIGHT NEXT TO, AS YOU CAN SEE, AND THE PREVIOUS DRAWING, IT'S ABOUT FOUR OF THEIR HOMES TO ONE OF OURS.

I CAN'T BUT HELP THINK IT'S GOING TO BRING OUR VALUE DOWN.

I HOPE NOT, BECAUSE THEY'RE PLANNING BEAUTIFUL PARKS IN THAT.

BUT I MEAN, WE EACH HAVE THREE QUARTERS TO AN ACRE OF OUR OWN.

EVERY HOUSE IN THERE.

AND THAT'S WHY WE BOUGHT THERE.

THAT'S WHY I MOVED THERE. AND NOW WE HAVE SO MANY HOMES GOING BEHIND US, WHICH, YOU KNOW, ANY TIME I'VE COME HERE, THEY'VE BEEN VERY KIND.

AND OUR RESPONSES TO TRYING TO, YOU KNOW, STOP THE DIRT NOW.

BUT IT'S TOUGH.

THE TRAFFIC IS GOING TO BE HORRENDOUS ALSO.

SO THAT WAS ALSO BROUGHT UP EARLIER.

SO IF YOU GUYS CAN THINK ABOUT THAT AS YOU.

THANK YOU SO MUCH. THANK YOU, MA'AM.

ANYONE ELSE WISH TO SPEAK FOR OR AGAINST ASYLUM? LIKE THEY HAVE THE APPLICANTS FOR.

THANK YOU. JUST A COUPLE OF REAL QUICK ITEMS FOR OUR TRAFFICKER'S, WE DID DO A TRAFFIC STUDY FOR THE PREVIOUS PHASES.

IT'S ABOUT TWO YEARS OLD NOW AND THERE'S BEEN OTHER PROJECTS IN THE AREA.

SO WE ARE UPDATING THAT AS PART OF THIS PHASE.

SO WE WILL HAVE AN UPDATED TRAFFIC STUDY ON THE ANTICIPATION FROM BEFORE.

AND WE THINK TRAFFIC IS ONLY INCREASED SINCE THEN IS THAT WE WILL BE PUTTING A TRAFFIC SIGNAL IN IS PROBABLY AS PART OF THIS PHASE, JUST LIKE BRENTWOOD LAKES DID TO THE EAST OF US. SO THAT IS OUR ANTICIPATION.

BUT THE TRAFFIC STUDY HAS TO WARRANT THAT.

[02:45:02]

I DIDN'T CATCH IT UNTIL MR. BRADLEY JUST SAID. IT ACTUALLY SAYS AT THE END OF PHASE ONE, THESE ONES ARE OVER.

SO WE HAVE A CERTIFICATE OF COMPLETION ON IT.

SO WE AGREED WITH THE NEIGHBORS WAS TO DO IT AT THE OUTSET OF PHASE THREE.

SO IF IF COUNCIL IS OK WITH THAT, THE NEIGHBORS SEEMS TO BE OK WITH THAT.

WE'RE FINE WITH THAT. SO WE ARE COMMITTED TO IT.

AND. SO BEFORE WE DO ANYTHING IN THIS PHASE, THAT FENCE GOES UP FIRST.

YOUR QUESTIONS. THANK YOU, I APPRECIATE.

ANY QUESTIONS, COUNCIL? THANK YOU, MR..

I'M CLOSING THE PUBLIC HEARING AND I'M ASKING FOR A MOTION MOTION TO IMPROVE CASE SAFETY AS WELL AS 2021, SUBJECT TO FOLLOWING STAFF COMMENTS CONTAINED IN THE STAFF REPORT BEING ADDRESSED PRIOR TO APPROVAL OF THE CONSTRUCTION PLANS AND RECORDATION OF THE PLANT WITH THE CONDITION THAT AN EIGHT FOOT HIGH WALL OR FENCE BE ERECTED PRIOR TO PHASE THREE.

I'VE GOT A I GOT A MOTION BY DEPUTY MAYOR JOHNSON AND THE SECOND BY COUNCILMAN FELIX.

ANY FURTHER DISCUSSION COUNCIL? HEARING AND SEEING NONE.

I'M GOING TO CALL FOR A VOTE ALL IN FAVOR.

I MAKE ANY OPPOSED PASSES UNANIMOUSLY.

THANK YOU. WE'RE ON NUMBER SEVEN.

ITEM NUMBER SEVEN.

ADAM SMITH. THIS IS ONE WE CAN BRING THE APPLICANT FOR.

MARY VARGUS.

AN OPEN THE PUBLIC HEARING AND ASK THE APPLICANT TO STATE THEIR CASE, THEIR COUNSEL, AND A LONG NIGHT, I'M HERE REPRESENTING MARY VARGAS.

WE'RE JUST TRYING TO PUT A SCREENING AROUND A SWIMMING POOL.

I'VE ALREADY BEEN HERE ONCE.

I THINK EVERYTHING WENT WELL THE FIRST TIME.

I HOPE EVERYTHING GOES WELL THIS TIME HERE AND NOW, I STILL AFTER THIS, WE STILL HAVE TO GO FOR. VACATE, SO IT'S.

YOU JUST CAN'T BELIEVE I SIGNED THIS CONTRACT BACK IN SAMYR.

AND I CALLED THE CITY OF PALM BAY.

NUMEROUS TIMES TO TRY TO GET THAT SETBACK, THEY TOLD ME THE FIRST TIME I CALLED FIVE FEET, SECOND TIME, SIX FEET.

THIRD TIME, EIGHT FEET.

NOW. NOW, I'M HERE FOR THE VETERANS.

I THINK I GOT THE VETERANS AND NOW ONCE I GET THE VETERANS AND I GET A CHANCE TO GO FOR A VACATION JUST TO GET THIS POOR LADY AT THE SCREENING ROOM PUT AROUND HER SWIMMING POOL BACK IN 05.

SHE WAS ACTUALLY THE HOUSE HAD A PERMIT TO PUT A SCREEN ENCLOSURE AROUND THE POOL.

AND I DON'T KNOW WHAT HAPPENED FROM 05 TO NOW, WHERE THEY CHANGED SOME KIND OF VARIANCE, I MEAN A SETBACK TO WHATEVER IT IS WHERE HE'S NOT BASICALLY ALLOWED TO HAVE ONE NOW WITHOUT THIS VARIANCE, HOPING THAT.

GRASP THE PARENTS, GET BURAK.

YOU SAID.

THANK YOU. THANK YOU, GUYS.

MISS SHERMAN, YOU WANT TO HAVE STAFF COMMENT? I HAVE A GROWTH MANAGER, DIRECTOR LARRY BRADLEY, COME UP AND PUT STAFF COMMENTS ON THE RECORD. GOOD EVENING AGAIN.

THIS IS A REQUEST FOR A VARIANCE FOR TO ENCROACH SIX FEET OF THE EXISTING SWIMMING POOL AND THE SCREEN ENCLOSURE INTO THE EIGHT FOOT SIDE ACCESSORY SETBACK STAFF REVIEWED THE APPLICATION, WENT THROUGH ALL OF THE CRITERIA NECESSARY FOR LOOKING AT A VARIANCE ITEMS ONE THROUGH SEVEN. I'M NOT GOING TO GO THROUGH EVERY SINGLE ONE OF THEM, BUT AS WITH MOST OF OUR VARIANCES, WE DETERMINE THAT THE VARIANCE SHOULD ALWAYS BE THE MINIMUM NECESSARY TO GRANT THE RELIEF BEING REQUESTED BY THE APPLICANT.

IN THIS CASE, IT APPEARS TO BE AS SUCH, AND THE PLANNING AND ZONING BOARD DID RECOMMEND UNANIMOUSLY APPROVAL OF THE VARIANCE.

SO THAT'S THE EXTENT OF MY REMARKS AND AVAILABLE FOR QUESTIONS THINGS.

THANK YOU. QUESTIONS.

THANK YOU. IS THERE ANYONE THAT WISHES TO SPEAK FOR OR AGAINST ASYLUM?

[02:50:02]

I'M GOING TO CLOSE THE DOOR AND ASK FOR EMOTIONAL.

MOTION TO APPROVE FOR A VARIANCE TO ALLOW PROPOSED GREEN ROOM AND TO APPROACH SIX FEET IN EXISTING SWIMMING POOL TO ENCROACH EIGHT FEET INTO THE EIGHT FOOT SIDE SENSORY STRUCTURE SET BACK AS ESTABLISHED BY SECTION ONE EIGHT FIVE POINT ONE ONE EIGHT A FOUR PALM BAY CODE AWARENESSES POINT 47 ACRES.

AND EMOTIONLESS BY DEPUTY MAYOR JOHNSON, SINGING IT BY COUNCILMAN FELIX, ANY ADDITIONAL DISCUSSION ALL IN FAVOR OF ANY OPPONENT PASSES UNANIMOUSLY.

REGULATIONS GUYS ARE GOING TO TAKE ME TO DINNER JUST A HALF HOUR HERE.

ALL RIGHT.

WELL, IT'LL BE IT'LL BE A BRUNCH THING TOMORROW.

WE'RE ON UNFINISHED BUSINESS.

[UNFINISHED AND OLD BUSINESS:]

AN EMOTION AND BY DEPUTY MADE JOHNSON SECOND BY COUNCILMAN BAILEY ALL IN FAVOR.

ALL RIGHT. IS UNANIMOUSLY.

WE'RE ON COUNCIL REPORTS, COUNCILMAN FELIX.

[COUNCIL REPORTS:]

KUDOS TO THOSE THAT ALL THE ORGANIZERS AND I KNOW TOOK, WHAT, A BIT OF STAFF EFFORT TO PUT IT TOGETHER AND TO ALL MAYOR AS WELL.

I'M SURE IT WAS A VERY, YOU KNOW, KEY ELEMENT INTO THAT WHOLE OLD PROGRAM.

SO IT'S GREAT.

THANK YOU. THANK YOU, KENSLEY PASTOR KEN DELGADO, WHO IS THE PRESIDENT OF THE SOUTH BOVARD MINISTERIAL ASSOCIATION, WHERE THERE'S SEVERAL PASTORS FROM OUR LOCAL AREA THAT GATHER TOGETHER ONCE A MONTH AND AND DISCUSS ISSUES OVER OUR COMMUNITY IN PRAYER.

AND THEY THEY THEY COMMUNICATE WITH ONE ANOTHER.

SO IT WAS A GREAT EVENT.

I LOVE THE WORSHIP. SO THANK YOU FOR THAT, COUNCILMAN FOSTER.

YES, MA'AM. THANK YOU.

I JUST WANT TO APOLOGIZE TO THE LADY WELL, NOT BEING HERE LISTENING TO WATCH.

I'M IN TAMPA, FLORIDA.

THAT IS GOING TO BE TAKING PLACE IN THE MORNING AT EIGHT THIRTY.

BUT ELECTED OFFICIALS ARE LOOKING FORWARD TO THAT.

AND THAT'S ALL I HAVE.

I APPRECIATE THAT, COUNCILMAN FOSTER, YOU HAVE PLANNED THIS FOR A WHILE AND WE'RE GLAD THAT YOU'RE SAFE AND NOT DRIVING THESE EARLY HOURS OF THE MORNING TO TRY AND MAKE A CONFERENCE. SO THANK YOU FOR YOUR COMMENTS, COUNCILMAN BAILEY.

YES, MAYOR, AS AS A FEW PEOPLE I KNOW, I DO HAVE A VACANCY THAT I'VE HAD ON THE SUSTAINABILITY BOARD CREATED BY A MEMBER WHO WASN'T ABLE TO REGULARLY ATTEND THE MEETINGS. SO IT'S NOT LIKE TO POINT GILBERTON TO THE SUSTAINABILITY BOARD AND NOW IT'S JUST A JOKE. HE REJECTED IT IMMEDIATELY.

SO ANY I KNOW NO OFFENSE, YOU'RE MY SECOND CHOICE, HAVING TO APPOINT RANDALL OLSZEWSKI OF CHAYEFSKY'S OLSZEWSKI, WORKING ON IT.

I'M TONGUE TIED, BENNETEAU.

I'M GOING TO I KNOW HE'S BEEN ACTIVE, SO I'M LOOKING FORWARD TO SEE WHAT HE CAN ADD TO THAT BOARD. SO THANK YOU FOR FOR ASKING AND BEING WILLING TO STEP UP TO THE BOARD SINCE MR. BATTAN WON. BUT THE THE THE OTHER THING QUICKLY, I JUST WANTED TO AND I DID HAVE SOMETHING. I THINK I'LL LET BRIAN BRING IT UP.

I DID WANT TO QUICKLY SAY HAPPY MOTHER'S DAY.

COME UPON US. HERE IS THIS WEEKEND, I BELIEVE.

GREAT AS THE SUN.

HAPPY BIRTHDAY, SORRY, HAPPY MOTHER'S DAY TO ALL THOSE MOTHERS OUT THERE.

[02:55:07]

I JUST WANTED TO DISCUSS SOMETHING.

I WANT TO BE CLEAR NOW MY POINT IN BRINGING UP WHAT I'M GOING TO BRING TO ATTENTION OF COUNCIL TONIGHT. SOME OF THIS IS ACTUALLY, BOB, A FEW YEARS AGO, BUT MUCH MORE MUCH, IN MY OPINION, OF THE.

IN MY OPINION, THAT'S THAT'S KIND OF DISTASTEFUL THE WAY IT WAS DONE, AND THAT'S NOT MY INTENT AT ALL, BECAUSE I KNOW THERE'S SOME HISTORY THERE AND THAT'S WHY I MAKE IT CLEAR TO EVERYBODY ON THE ON THE COUNCIL BOARD MY INTENT ISN'T TO SINGLE ANYBODY OUT OR TO TO MAKE A SPECTACLE OF ANYTHING, BUT JUST TO BRING CONSENSUS AND MAKE SURE EVERYBODY'S ATTENTIONS TO TO THE BOARD.

AND WHAT WE DO TO REPRESENT OURSELVES TO OTHER BOARDS IS REALLY IMPORTANT THAT WE'RE CAREFUL HOW WE REPRESENT IT.

SO WHENEVER I LISTEN TO THIS MEETING, IT KIND OF CAUGHT ME OFF GUARD.

SO I JUST WANTED TO GIVE A CHANCE TO BRING IT TO COUNCIL'S ATTENTION AND THEN GIVE A POTENTIAL RESPONSE OF THOSE INTERESTED BY ANY MEMBER OF THE BOARD TO PLAY IT FOR US.

THIS MEETING IS FROM APRIL 6TH, I BELIEVE IT WAS.

IT'S ON IT'S ON THE IT'S GOING TO BE ON THERE THIS YEAR.

YEAH, THIS IS RECENT AS LAST AS A MONTH AGO WHERE WE DEALT WITH THE SAUDI ARABIAN AND OBVIOUSLY MY DISTRICT, THE PALM BAY FROM THE CIA.

YOU GUYS WERE A HUGE HELP IN LIMITING THAT TO JUST A APARTMENT COMPLEX.

AND THEIR INTENT WAS TO HAVE NOT ONLY RESIDENTIAL BUT COMMERCIAL AS WELL, BECAUSE THEY DIDN'T GET AROUND TO THE EXTENT THAT IN THE SUZANNE TO BACK OUT.

SO THIS IS IT WAS THE AGREEMENT BETWEEN THE CIA AND THE DEVELOPER.

TO BE CLEAR, WE ARE NOT INVOLVED AT ALL IN THIS IS A QUESTION FROM THE MAYOR AND WE ARE PARTNERS WITH US.

AND I SAID THAT I CERTAINLY WOULD NOT CARE IF THEY WOULD BE SPENDING TIME OUT FOR THAT.

OR WHAT WAS MOST IMPORTANT TO ME IS THIS WOULD REQUIRE NO ADDITIONAL DOLLARS, NO ADDITIONAL TAX.

I MEAN, A COUNTY OR CITY, IT WOULD NOT BE STANDARD.

SIARA, THIS IS JUST A LETTER SAYING WE WOULD NOT MIND.

YOU DON'T NEED TO APOLOGIZE.

I SENT YOU THE WRONG ONE. YOU CAN STOP IT.

I HAD A SHORTER VERSION OF IT.

BUT THE MAIN POINT I JUST CURIOUS, I DON'T KNOW IF THAT'S ACCURATE, WHAT HE REPRESENTED, BUT ESSENTIALLY THE COMMISSIONER SAYING HE TOOK ACTION, THAT HE SAID THAT THE MAYOR HAD REACHED OUT TO HIM ASKING THE QUESTION, WHICH NOW LED TO THIS OFFICIAL RESPONSE WHEN THE COUNCIL HADN'T CONSIDERED THE MATTER YET.

MATTER OF FACT, WE STILL WE STILL HAVEN'T AT THIS POINT CONSIDER THE MATTER BE IN THE FUTURE. SO I'M JUST CURIOUS, IS THAT IS THAT ACCURATE, WHAT HE SAID OR IS A MISREPRESENTATION OF IT? SO ON AN OFFICIAL BASIS, I DON'T I HAVEN'T REACHED OUT TO COMMISSIONER AUTOBIO REGARDING ANYTHING WITH NORTHSHORE.

NOW, I DID MEET WITH I BELIEVE HIS NAME WAS ANDREW IN A TOUR UNDER THE GUISE THAT IT WAS A TOUR AND THAT AT THAT MEETING HE BROUGHT UP THESE ISSUES REGARDING THEIR COMMERCIAL PLIGHT, NOT BEING ABLE TO MEET THAT.

AND IN THAT DISCUSSION, I SAID, WELL, KNOW, HE BROUGHT UP COMMISSIONER AUTOBIO.

HE ALSO BROUGHT UP THE FACT THAT HE'S BEEN IN CONVERSATIONS WITH COMMISSIONER TIM.

I KNOW I DID SAY, WELL, THAT'S GOOD BECAUSE HE IS A COUNTY COMMISSIONER.

BUT I NEVER HAD DISCUSSIONS WITH COMMISSIONER TOBII OVER THIS NORTHSHORE.

AND THAT'S WHY I WAS CURIOUS, BECAUSE I WAS LIKE, IT'S KIND OF HARD TO BELIEVE BECAUSE THIS WHOLE THING WAS A LITTLE BIT AWKWARD, BECAUSE WE HAVE A COUNTY COMMISSIONER HAS TAKEN ACTION ON AN ITEM THAT HAS EVEN HIT THE XRAYED BOARD, WHICH IS THE ADVISORY BOARD APPROPRIATE BOARD WHERE IT SHOULD START AND HAS NOT EVEN HIT THE COUNCIL, WHICH IT SHOULD BE GOING THROUGH THOSE TWO STEPS BEFORE THEY'RE EVEN TALKING ABOUT IT.

BUT THEN HE'S SAYING HE'S TALKING ABOUT THEM LIKE WHY THIS IS SO WEIRD.

THEN HE SAYS IT WAS BECAUSE THE MAYOR I'M LIKE, IT JUST THREW ME OFF.

NO, YOU UNDERSTAND NOW WHY I ASKED THAT AND THEN IT WAS BROUGHT UP.

MAYBE IT WAS A DIFFERENT MAYBE HE MISSPOKE AND IT WASN'T THE MAYOR.

HE SPOKE WITH ME. IT WAS SOMEBODY ELSE.

SO I DIDN'T KNOW IF THERE WAS SOMEBODY ELSE ON THE BOARD THAT HAD CONVERSATIONS WITH HIM.

AND OBVIOUSLY I CALLED THEM NOT KNOWING THAT THIS HAD EVEN HAPPENED.

I FOUND OUT THIS AFTER I TALKED TO HIM.

AND OF COURSE, I WOULDN'T EVEN EVEN IF I WOULD HAVE HIM AND SAY, HEY, YOU KNOW, I WOULDN'T ASK FOR HIS COMMUNICATIONS, OTHER PEOPLE, BECAUSE WE HAD IT'S PUBLIC.

WE CAN ONLY DO IT HERE. SO THAT'S WHY I WANT TO BRING UP ON THIS BOARD AND SEE IF THERE'S ANY OTHER COUNCIL MEMBERS THAT MIGHT HAVE MIGHT HAVE BEEN AND NO ONE CONVERSATION WITH HIM. SO AT THIS POINT, THERE'S A PUBLIC STATEMENT, HE DID SAY MAYOR, AND HE'S REFERRING TO THE CITY. SO I WANTED TO TO SEE HOW WE CAN, YOU KNOW, OFFICIALLY REACT TO THAT BECAUSE I'VE NEVER ASKED OR HAD A DISCUSSION WITH COMMISSIONER AUTOBIO REGARDING THIS ISSUE, IN

[03:00:09]

I'LL SAY I DON'T KNOW IF YOU ACTUALLY I DO KNOW I'VE MET WITH VIRTUALLY ANDREW STEELE AND JOAN AND PATRICIA.

SPEAKING ON SOME OF WHAT HE'S SPEAKING ON RIGHT HERE, I THINK WE ALL HAVE OR I KNOW I'VE SPOKEN WITH STAFF AS WELL FROM MY MEETING AFTER YOU, I'VE SPOKE WITH ACTUALLY, IT WAS A CONFERENCE CALL THAT WAS WITH JOAN JONJO, JOAN BROWN AND TWO OTHER INDIVIDUALS.

AND I BELIEVE MISS SMITH WAS PART OF THAT CONVERSATION AS WELL, BECAUSE I WANTED EVERYONE TO BE INCLUSIVE IN THAT CONVERSATION.

BUT AGAIN, MY MY CONCERNS ARE THAT MY NAME WAS MENTIONED AND I NEVER REACHED OUT TO COMMISSIONER AUTOBIO REGARDING THIS ISSUE.

OK, AND IN THAT CASE, I CAN'T EVEN REMEMBER WHERE IT WAS FROM, BUT MAYBE IT WAS MAYBE DEPUTY MAYOR, NOT MAYOR.

I DON'T KNOW IF DEPUTY MAYOR MET WITH HIM, BUT IF YOU ONLY MET WITH THE.

YOU SAID. I'M SORRY, ANDREW, STILL WE ALL MET KNOW I KNOW WE ALL HAD HIS PITCH GIVEN TO US. SO ANYWAY, WELL, IT'S JUST SOMETHING AT LEAST I DON'T KNOW WHERE MAYBE WE'RE IN THE COMMUNICATIONS. THINGS GOT LOST.

IT'S JUST THE POINT OF IT WAS JUST DEFINITELY VERY CONCERNING FOR ME.

IT'S AS MAKE SURE THAT WE ARE CAREFUL, KNOW HAVING INDIVIDUAL OPINIONS AND, YOU KNOW, HAVING CONVERSATIONS OBVIOUSLY IS FINE.

BUT THE WAY IT COMES ACROSS, AS I WAS THERE WAS LIKE AN OFFICIAL REQUEST FROM THE CITY.

AND HE GAVE THE ANSWER.

RIGHT. AND THAT'S THAT WAS HIS PRECURSOR FOR A RESPONSE.

AND NOW I JUST DIDN'T FIND THAT THAT TO BE COMPLETELY APPROPRIATE THEN.

BUT IT'S GOOD TO HEAR THAT THERE MUST THERE'S SOMETHING ELSE.

SO WE'LL I'LL CERTAINLY YOU KNOW, WE CAN ALL ASK MORE QUESTIONS AS WE MOVE FORWARD.

AND WE HAVE A MEETING TUESDAY.

TUESDAY. YES. SO JUST A FEW DAYS FROM NOW.

SO WE CAN HAVE YOU CAN HEAR MORE ABOUT THAT.

BUT THE THE OTHER THING IS AND IF YOU BRING UP THE OTHER THE OTHER DOCUMENTS AND I APOLOGIZE, BRIAN, I PUT IT A LITTLE BIT OUT OF ORDER.

YOU KNOW, I BELIEVE IT'S THE THIRD PAGE.

HE HAS A HIGHLIGHTING ON IT RIGHT THERE, SO I WANTED TO BRING ATTENTION, THIS IS ONE OF THOSE OTHER THINGS. AGAIN, IT'S USUALLY I DON'T REALLY PAY MUCH ATTENTION TO HIM.

I'M NOT TRYING TO PUT A LOT OF WEIGHT ON IT.

BUT WE DO HAVE A POLICY FOR HOW WE GIVE OUT USE OUR RESOURCES, WHICH HERE SPECIFICALLY WE'RE TALKING ABOUT IS LIKE BASICALLY WRITING LETTERS, USING THE LETTERHEAD AND THINGS OF THAT NATURE, REPRESENTING THE CITY'S POSITION.

SO SAYS A PUBLIC OFFICIAL.

I'LL READ IT REAL QUICK UNDER SECTION K.

SUBSECTION TWO. THIS IS OF OUR.

COUNCIL POLICIES AND PROCEDURES, AND UNDER CHAPTER EIGHT, THE CODE OF ETHICS IN K SUBSECTION TWO SAYS A PUBLIC OFFICIAL MAY USE THE CITY'S NAME LETTERHEAD LOGO OR STILL ONLY WHEN IT WOULD BE PERCEIVED AS REPRESENTING THE CITY OF PALM BAY OR THE BODY AS A WHOLE AND ONLY WITH THE PRIOR CONSENT OF COUNCIL.

AND IT SAYS THAT THERE'S THERE ARE SOME EXEMPTIONS.

HOWEVER, THIS PROVISION WILL NOT PROHIBIT INDIVIDUAL COUNCIL MEMBERS FROM USING CITY LETTERHEAD AND RESOURCES TO WRITE PERSONAL CONGRATULATORY LETTERS, LETTERS, RECOMMENDATIONS, REFERENCES, ENDORSEMENTS AND SUCH.

THEY MAY BE WRITTEN BY COUNCIL MEMBERS ON CITY LETTERHEAD WITH A COPY BEING PROVIDED TO EACH COUNCIL MEMBER. SO THERE ARE EXAMPLES HERE AND I THINK COUNCIL IS AWARE OF THEM IF YOU WANT TO GO THROUGH A FEW OF THEM.

I'M NOT TRYING TO GET IN THE WEEDS ON ANY PARTICULAR ONE, BUT THERE ARE OTHER IN THIS LIST OF DOCUMENTS THAT WE HAVE.

THERE ARE LETTERS. AND FOR INSTANCE, MAYOR, I KNOW THAT WHENEVER COUNCIL YOU AND I VOTED AGAINST, FOR INSTANCE, THE BILL REGARDING MEDICAID.

RIGHT. AND THEN I THINK YOU WROTE A LETTER BUT WAS ON CITY LETTERHEAD AND THERE'S BEEN SEVERAL OTHER BILLS THAT WE HAD NOT APPROVED AT COUNCIL THAT HAVE BEEN THAT YOU'VE REPRESENTED YOUR POSITION, BUT USING THE LETTERHEAD REPRESENTS THE CITY.

SO I JUST WANT TO PREVENT THAT CONFLICT IN THE FUTURE.

EITHER WE NEED TO REVISIT IT.

I THINK DEBBIE MAYOR ACTUALLY DID WANT TO DEBBIE MAYOR WROTE ONE ON A SIMILAR BILL.

ACTUALLY, I THINK IT HAD SOMETHING TO DO WITH PARKS AND REC AND SMOKING, SMOKING IN PUBLIC PARKS. SO I JUST WANT TO BRING IT TO ATTENTION BECAUSE MAYBE JUST SOMETHING NOT AWARE OF. AND SO I WANT TO BRING UP I THOUGHT ABOUT MAYBE HAVING A CLERK, JUST KIND OF SAD REMINDER, BECAUSE I'M MORE SENSITIVE, CONSIDERING WE'VE HAD THESE DISCUSSIONS PUBLICLY IN THE PAST BEFORE ON THIS DAIS WHEN I WAS HERE.

BUT I WAS LIKE, WELL, IT'S NOT RIGHT.

IT WON'T PUT HER IN THAT POSITION. SAID IT'S COUNCIL.

YOU KNOW, I JUST WANT TO BRING IT UP.

AND HOPEFULLY IT'S TAKEN FOR WHAT IT IS.

YOU KNOW, IT'S JUST JUST BRING THAT TO ATTENTION.

AND IF WE WANT TO CONTINUE WRITING LETTERS OF THAT NATURE, WE NEED TO CHANGE OUR POLICIES, BUT OTHERWISE THEY SHOULD BE WRITTEN SEPARATELY.

SO, LIKE, IF I WANT TO WRITE SOMETHING AS AN INDIVIDUAL CITIZEN, I DON'T AGREE WITH THIS

[03:05:02]

BUT WHEN IT'S ON LETTERS, CITY LETTERHEAD, AND ESPECIALLY WHENEVER WE HAD LIKE CONFLICTING LIKE COUNCIL VOTED, I LOST RIGHT ON THE MEETING AND WE LOST ON THE THE MAYOR AND I AT LEAST LOST ON THE MEDICAID RESOLUTION.

BUT HAVING TWO LETTERS ON THE LETTERHEAD, IT'S CONFLICTING.

SO I DON'T KNOW IF THAT'S THE RIGHT WAY TO REPRESENT WE SHOULD DO IT AS FAR AS THE DECORUM, THAT'S ALL. SO SO THE FIRST THING IS I DON'T I DON'T SIGN ANY LETTER.

I GO THROUGH THE CLERK.

AND IF IT'S APPROVED AND IF IT'S APPROVED BY THE THE CITY ATTORNEY, I SEND I SEND OUT THAT LETTER. IF YOU'RE REFERRING TO A LETTER THAT WAS SENT OUT WITH MY OWN OPINION AND I CHECKED WITH CITY, THE CITY ATTORNEY, REGARDING A CERTAIN VOTE THAT WE TOOK.

I CLEARED THOSE CHANNELS BEFORE I HAD THAT THAT LETTER PRINTED AND SIGNED.

SO I KNOW THAT I I COVERED MYSELF WITH THAT.

I ASK QUESTIONS.

CAN I SHARE MY THOUGHTS ON THIS LETTERHEAD AS MAYOR OF THE CITY OF PALM BAY, EVEN THOUGH COUNCIL MIGHT HAVE VOTED A CERTAIN WAY.

AND I SHARED MY PERSONAL BELIEFS AND THAT WAS CLEARED WITH CITY, THE CITY ATTORNEY, AND IT WAS ALSO CLEARED WITH OUR CLERK'S OFFICE.

THE CLERK IS NOT HERE THIS EVENING, CERTAINLY IF MISS SMITH WAS INVOLVED, I DID NOT RUN IT THROUGH. I DID ASK THE CLERK ON A COUPLE OF THESE IF SHE HAD READ SPECIFIC ONES THAT I BROUGHT. SHE SAID, NO, NOT THOSE SPECIFIC ONES.

I DON'T KNOW. THAT DOESN'T I'M NOT SAYING I DON'T BELIEVE YOU.

AND MAYBE SOMEBODY ELSE READ IT OR PERHAPS THEY WEREN'T READING IT FOR ARE FOR THIS PURPOSE OF OUR COUNCIL RULES AND PROCEDURES AS OPPOSED TO, SAY, ORDINANCE OR SOME OTHER LEGAL LEGALITY. I ALLOWED MYSELF TO COMMENT.

I APOLOGIZE FOR NOT HAVING ASKED YOU BEFORE BECAUSE I DIDN'T KNOW AS FAR AS THE LETTERS, THERE WERE SOME LETTERS THAT HAD GONE OUT.

I THINK IT WAS EARLIER ON.

AND IT WAS A DEPARTMENT HEAD THAT HAD SENT THE LETTERS TO LEGISLATIVE AND THEY WERE SIGNED BY THE MAYOR AND IT KIND OF GOT OUTSIDE THE NORMAL PROCESS, WHICH, YOU KNOW, TYPICALLY LETTERS WOULD HAVE BEEN REVIEWED BY ME OR SOMEONE IN MY OFFICE.

ONCE I DID FIND OUT, YOU KNOW, TALKED TO THE MAYOR, I TALKED TO THE DEPARTMENT HEAD AND THAT. AND I THINK WHAT THOSE LETTERS ARE, THE LETTERS THAT WENT OUT BEFORE I I KNEW WHAT WAS GOING ON AND BEFORE THE DEPARTMENT HAD REALIZED HOW IF THE MAYOR IS ACTUALLY SPEAKING ON BEHALF OF THE COUNCIL, THAT SHOULD BE ADDRESSED.

BY THE MAJORITY OF COUNCIL AS FAR AS THE LETTER, THE MEDICARE WE DISCUSS THAT IS THAT WHILE COUNCIL THAT THIS COUNCIL SPEAKS BY THE MAJORITY, THE MAJORITY HAD APPROVED.

SO MAYOR MEDINA HAD ANY SEPARATE FEELINGS THAT THAT SHOULD BE SEPARATE AND APART FROM THAT, WHICH IS WHAT WAS PASSED BY COUNCIL, THAT WHICH WAS PASSED BY COUNCIL MAJORITY IS THE OFFICIAL MESSAGE FROM THE CITY.

AND SO I DON'T KNOW THAT WE DISCUSSED HOW HE WOULD CONVEY HIS PERSONAL OPINIONS.

I DON'T KNOW THAT. AND I DON'T RECALL WHETHER HIS LETTERHEAD OR NOT OF WHETHER THAT DISCUSSION CAME UP. BUT IT WAS THAT IT NEEDED TO BE SEPARATE.

AND THAT'S WHAT HE DID. HE MADE SURE THAT HE KEPT HIS COMMENTS SEPARATE AND THAT THE OFFICIAL RESPONSE WAS WHAT COUNCIL, WHAT COUNCIL LET PASS.

OK, SO YOU DIDN'T REVIEW AS FAR AS BEING, YOU KNOW, IN SUZANNE KNOW, THAT ONLY ONLY REPRESENTS THE CITY OF PALM BAY OR THE BODY AS A WHOLE WITH PARKS AND OF COUNCIL.

THAT'S WHY. BECAUSE I DON'T THINK NORMALLY I DON'T RECALL ANYBODY EVER.

I DON'T KNOW, THEY WENT THROUGH YOUR OFFICE OR NOT, BUT I DON'T THINK I RECALL ANYBODY EVER AND NOW SAYING I WANT TO SUPPORT AND ENCOURAGE LEGISLATURE TO SUPPORT THIS BILL WITHOUT FIRST HAVING IT COME BEFORE COUNCIL.

THE COUNCIL DECIDES KIND OF LIKE LIKE A LEGISLATIVE AGENDA, YOU KNOW, IS WHAT IT IS, RIGHT. WHEN WE'RE LIKE A LIKE A OUR LEGISLATIVE PRIORITIES IN TALLAHASSEE THAT'S ON THE LIST ALWAYS COMES HERE FIRST.

I DON'T KNOW. I JUST WANT IT IS DEFINITELY A BREAK IN THE NORM OF WHAT I USUALLY SEE, BECAUSE THERE HAVE BEEN COPIES OF CLERK OFFICE HAS MADE COPIES AND PROVIDED TO THE COUNCIL. SO IT'S KIND OF LIKE COME UPON ME.

IF I SEE SOMETHING, THEY SAY SOMETHING AND BRING IT UP.

SO ANYHOW, I DON'T I DON'T KNOW IF YOU DIDN'T REALLY ISSUE YOUR OPINION AS FAR AS THE USING LETTERHEAD, BUT ACCORDING TO WHAT IT SAYS RIGHT HERE, SUZANNE, NOT THE LETTERHEAD.

AND BRIAN, IF YOU CAN BRING IT BACK UP AGAIN, THE HIGHLIGHTED SECTION AND MAYBE ZOOM IN ON IT. I SAW THE TEXT OF THE LETTER, I DIDN'T SEE THE ACTUAL PRINTED LETTER.

OK, SO WOULD YOU AGREE THAT THE LETTERHEAD WOULD WOULD NOT BE ALLOWED BASED ON OUR CURRENT POLICY LETTERHEAD FOR THE RESPONSE THAT WAS JUST THE MAYOR HIMSELF? NO, BUT THE CERTAINLY THE A COVER LETTER ON BEHALF OF THE COUNCIL PASSED.

YES. YES. BASED ON COUNCIL.

SO I JUST I JUST THINK THAT WE SHOULD JUST MAKE SURE WE HAVE THAT HAVE THAT RIGHT.

[03:10:01]

YOU UNDERSTAND LIKE THE B BOY, I CAN TELL YOU THAT EVERYTHING I'VE SIGNED, EVERYTHING THAT'S GOING ON, I'VE TRIED.

I'VE ACTUALLY GOTTEN APPROVAL.

IF THERE WAS MISCOMMUNICATION WITH THAT, THEN, YOU KNOW, I'LL I'LL TAKE FULL RESPONSIBILITY OVER THAT.

BUT I'M NOT DOING ANYTHING BEHIND CLOSED DOORS.

I'M NOT DOING ANYTHING THAT I DON'T FEEL IS RIGHT AND REPRESENTING THE CITY OR REPRESENTING MYSELF.

SO I CAN ASSURE YOU THAT IF I HAVE TO SEND OUT A LETTER, I'LL GET CLEARANCE AND I WON'T SEND IT OUT IF I DON'T GET THAT CLEARANCE.

BUT FROM WHAT I UNDERSTOOD, EVERY LETTER THAT I'VE SIGNED.

EACH AND EVERY ONE I'VE GOTTEN CLEARANCE FOR, AND I DON'T KNOW IF MISS LAFLEUR, I DON'T WANT TO PUT YOU ON THE SPOT, TERESE IS NOT OUR CLARKSTOWN, NOT HERE TONIGHT.

DID YOU HAVE ANY COMMENT OR, YOU KNOW, FEEL FREE TO DEFER TO THERESA MAY WISH TO.

YEAH, I BELIEVE THAT WOULD DEFER TO TRACE.

I'M NOT I'M NOT FAMILIAR WITH THESE LETTERS.

OK, WELL, AT LEAST IT'S BROUGHT OUT AND I WILL CERTAINLY TALK WITH THEM ABOUT WHAT THE EXPECTATIONS ARE FROM IF WE'RE GOING TO USE THEM AS A FILTER, WHAT THOSE EXPECTATIONS ARE, AND THEN MAKE SURE THAT WE JUST ALL WE'RE ALL CONSISTENT WITH IT.

SO, AGAIN, IT WASN'T ANYTHING TO SAY THAT YOU DID SOMETHING WRONG.

HERE'S ANOTHER THING.

I SEND OUT LETTERS TO TO A LOT OF THE STAFFERS AS WELL.

I SEND OUT CONGRATULATION LETTERS.

I SEND THANK YOU LETTERS.

SO I SEND OUT ALL THESE LETTERS AND I GET I MEAN, IF IT GOES THROUGH THE CLERK'S OFFICE, SO IT NOT JUST THE LETTERS THAT YOU'RE REFERRING TO.

I SEND OUT A MULTITUDE OF LETTERS TO BUSINESSES, TO EACH AND EVERY ONE.

AND I THINK THAT'S PART OF THE JOB AS WELL.

NOW, WHAT YOU'RE REFERRING TO SPECIFICALLY IS SOMETHING WHERE I WANTED TO SHARE MY PERSONAL OPINION REGARDING PERHAPS SOME LEGISLATION THAT THAT WAS PASSED.

YEAH, YEAH, ALL I WOULD SAY I MEAN, I GOT A I GOT A STACK OF THEM BECAUSE I WAS KIND OF KEEPING THEM ASIDE BECAUSE I ALSO NOTICED THAT SOME OF THE LANGUAGE.

NO, BECAUSE AT FIRST SAID I NOTICED THAT YOU WERE TWEAKING IT OR SOMEBODY WAS TWEAKING IT FOR YOU OVER TIME.

AND THAT'S WHY I WAS KIND OF WAITING AND GIVING IT TIME TO WORK ITSELF OUT, BECAUSE, YOU KNOW, IT'S IT'S ALL NEW. BUT NO, IT FIRST SAYS ON BEHALF OF THE CITY OF PALM BAY, YOU'RE SUPPORTING THE BILL. BUT IT WASN'T A BILL THAT WE TALKED ABOUT THE OTHER TIMES.

IT SAYS THE MAYOR, YOU KNOW, ON BEHALF OF YOUR CITIZENS.

SO IT WAS KIND OF IT BECAME A LITTLE BIT IT WAS A LITTLE BIT DIFFERENT.

SAYS NOW MY NAME IS ROB MEDINA.

I'M THE MAYOR ON BEHALF OF THE CONSTITUENTS IN MY CITY.

SO IT BECAME A LITTLE BIT DIFFERENT FROM ON BEHALF OF THE CITY, ON PERHAPS THE CONSTITUENTS. BUT, YEAH, THOSE ARE THE ONES THAT I'D BE CONCERNED ABOUT, ANY INDIVIDUAL ONES, NOT JUST YOU, BUT ALL OF US.

I THINK IF WE'RE GOING TO BE TALKING ABOUT THERE'S THE POLICY RIGHT THERE.

IF IT'S IF IT HAS TO DO WITH CONGRATULATORY LETTERS, VAASTU RECOMMENDATIONS, REFERENCES, ENDORSEMENTS AND SUCH, COMPLETELY FINE.

SO ALL THOSE THINGS, I APPRECIATE WHAT YOU'VE DONE.

YOU RECOGNIZE THE PEOPLE WHO RUN THE FIRE WARDS, THE POLICE AWARDS.

THERE'S BEEN OTHER THINGS. I THINK THOSE ARE I THINK IT'S GREAT.

DON'T GIVE ME THOSE. THOSE ARE GREAT, THOUGH.

AGAIN, DON'T TAKE THAT THE WRONG WAY.

BUT WHEN IT COMES TO THE LEGISLATIVE SPEAKING, AS FAR AS OUR POLICY, I THINK WE NEED TO SPEAK AS A BOARD. THAT'S WHAT THE POLICIES THAT'S THAT'S MAINLY WHAT'S THEREFORE I THINK I DON'T THINK I DID ANYTHING OTHER THAN THAN GET INFORMATION OUT AND I SHARED MY MY THOUGHTS ON THAT. AND I STILL STAND BY IT BECAUSE I STILL GOT IT CLEARED.

I DIDN'T, YOU KNOW, DO ANYTHING THAT WASN'T OUT OF THE NORM AND EVERYONE WAS IN THE LOOP.

BUT. WELL, WHAT YOU HAVE TO DO WITH THE POLICY SAYS WILL HAVE TO BE DOING.

IT HAS TO BE DONE ON YOUR OWN PERSONAL LETTERHEAD, YOUR OWN PERSONAL SOMETHING.

NOT THE CITY LETTER. THAT'S WHAT THE POLICY SAYS.

WE ALL KNOW THE REST ACCOUNTS OF COUNCIL WANTS TO RULE DIFFERENTLY, BUT IT'S TO ME, IT'S IN PLAIN ENGLISH UP THERE TO WHAT THE POLICY IS.

I MEAN, I'M NOT TRYING TO MAKE A NOT TRY AND MAKE THIS A CONFLICT.

I'M JUST TRYING TO MAKE IT A AN EDUCATIONAL POINT.

THIS IS WHAT IT IS. AND IF YOU FEEL THE NEED TO CONTINUE TO ENDORSE STATE LEGISLATION, FEDERAL LEGISLATION OR SPEAK OUTSIDE OF THE TERMS OF THE POLICY, THEN I THINK THE RIGHT THING TO DO WOULD BE TO CHANGE YOUR POLICY.

IT WOULD BE FAIR THING. ALL RIGHT, WELL, POINT TAKEN.

ANY OTHER COMMENTS REGARDING THAT? I MEAN, I WAS JUST GOING TO JUMP IN AND SAY THAT, LIKE WE'RE LOOKING AT THE POLICY LISSOME IN THE POLICY BECAUSE I UNDERSTAND WHAT YOU'RE DOING THERE AND I SEE THE LETTERS AS WELL IN REGARDS TO SUPPORTING BUSINESSES.

AND THAT'S THAT'S GOOD THAT THEY GET TO HEAR FROM THEIR MAYOR.

SO. SO I THINK IT'S AS SIMPLE AS AMENDING THE POLICY.

I DIDN'T I DIDN'T REALIZE IT WAS AN ISSUE AS WELL.

SO THAT'S ALL.

SUZANNE FELIX. I WOULD AGREE, I SEE EXACTLY WHERE ANTOINE BAILEY IS COMING FROM, AND IF WE HAVE A POLICY IN PLACE, WE WE WE OUGHT TO ABIDE BY IT.

SO, YES, SEE, MOVING FORWARD, IF THE PRACTICE WILL CONTINUE, WE WE WE HAVE TO WE HAVE TO CERTAINLY LOOKED AT IT AND.

WELL, LET'S BE CAREFUL AND SAY IT'S TIME TO CHANGE IT.

NOTHING ABOUT THAT POLICY STOPS THE BUSINESS LETTERS, THE BUSINESS LETTERS.

[03:15:03]

IT CAME BEFORE THE BOARD.

THAT'S WHAT THE POLICY CALLS FOR WHEN IT COMES TO AN INDIVIDUAL COUNCIL MEMBER USING CITY LETTERHEAD AND USING THEIR TITLE OFFICES TO SUPPORT A PIECE OF LEGISLATION THAT THE REST OF THE BOARD HAS NOT CONSIDERED AND MIGHT NOT SUPPORT.

THAT BECOMES A CONFLICT BECAUSE WHAT I WOULD WRITE, BECAUSE I COULD READ A LOT OF LETTERS UP THERE, BUT I KNOW THAT PROBABLY SOME OF THOSE, IF I BROUGHT THEM TO THE BOARD, THE BOARD MIGHT NOT AGREE WITH THEM AND THEY MIGHT BE TOO CONSERVATIVE ON CERTAIN POINTS.

SO I MIGHT NOT GET THE VOTES.

SO THERE'S A REASON WHY I DIDN'T DO THEM BECAUSE IT WAS AGAINST THE POLICY AND I'M NOT.

AGAIN, IT'S NOT A IT'S NOT TRYING TO WHIP ANYBODY, SAY THEY DID SOMETHING WRONG AND THE DEPUTY MAYOR SENT ONE OUT, TOO.

BUT I DON'T THINK THAT'S HIS NORM EITHER TO SEND THOSE OUT.

I THINK I'VE SEEN THEM IN THE PAST.

AGAIN, ALL THOSE THOSE TYPE OF THINGS REALLY SHOULD COME THROUGH THE BOARD.

AS FAR AS THE CONGRATULATORY AS FAR AS THE AWARDS REACHING OUT TO THE BUSINESSES, NONE OF THAT'S AFFECTED BY THIS AT ALL.

SO THAT'S THAT'S MORE THAN HALF OF THE LETTERS I'VE SEEN.

OK, COUNCILMAN FOSTER, YOU WANT TO WEIGH IN AS WELL? YES, YES, I DO.

I WOULD BE TO BE SORT OF WE SHOULD CHANGE POLICY AND POLICY THERE FOR A REASON.

WE SHOULD FOLLOW THE POLICY IN LIGHT OF THAT.

I HAVE NO PROBLEM WITH THE MAYOR SENDING OUT LETTERS TO INDIVIDUALS WHEN IT COMES TO A COUNCIL VOTE. THE MAJORITY OF VOTE.

I JUST THINK THAT WE SHOULD GO DOWN THAT ROAD, GIVEN OUR PERSONAL DISAGREEMENT IN A LETTER AND A SILLY LETTERHEAD, BECAUSE.

AND THAT I COULD SEND OUT A LETTER THAT IS IN IS NOT IN LINE WITH THE COUNCIL VOTE AND IT'S GOING TO CREATE SOME CONFUSION OUT THERE, WELL, THE VOTE IS ON WAY AND YOUR VOTE IS ON RECORD. WHAT TO USE FOR ONE OF THREE TO FIVE OF YOUR VOTE IS ON THE RECORD, AND THAT SPEAKS FOR ITSELF.

BUT I DON'T HAVE A PROBLEM WITH THE MAYOR SENDING OUT A LETTER EXPRESSING HIS OPINIONS OR WHATEVER HE FEELS LIKE.

BUT WHEN IT COMES TO A COUNCIL DECISION, THAT IS OPPOSITE HIS OPINION.

AND THAT'S WHERE I THINK WE WE'RE GOING DOWN THE WRONG, WRONG ROAD THERE.

BUT, YOU KNOW, THE MAJORITY OF THE LETTERS THAT THE MAYORS AND I DON'T HAVE A PROBLEM WITH, I THINK YOU'RE DOING A GREAT JOB WITH THE LETTERS.

HE SENT IT UP. SO BUT WHEN IT COMES TO A VOTE THAT WE MADE ON A LEGISLATOR LIKE COUNCILMAN BAILEY WAS TALKING ABOUT, I THINK THAT'S WHERE WE WE DON'T WANT EACH COUNCILMAN WRITING LETTERS ON CITY LETTERHEAD DISAGREEING WITH.

THE COUNCIL ON THE VOTE WAS.

ESPECIALLY WHEN HE'S GOING TO THE STATE LEGISLATURE.

WELL, THAT'S MIGHT COME. ALL RIGHT, THANK YOU, COUNCILMAN FOSTER.

OK, DEPUTY MAYOR JOHNSON EUROPE.

THANK YOU, MAYOR. JUST HAD THE PLEASURE.

I COULDN'T MAKE THE NATIONAL DAY OF PRAYER BECAUSE I HAD A PRIOR ENGAGEMENT FOR THE 47TH PALM BAY ROTARY STUDENT AWARD CEREMONY.

AND IT WAS A GREAT CEREMONY OF A LOT OF GREAT STUDENTS WHO WELL DESERVED IT.

AND THE PARENTS WERE THERE SUPPORTING THEM, AS WELL AS THE PRINCIPALS AND THE TEACHERS SUPPORTING THEM AS WELL.

AND ONE OF THEM FROM PALM BAY.

PALM BAY HIGH, I GOT TO GIVE HIM A SHOUT OUT BECAUSE HE'S PART OF THE YOUTH ADVISORY BOARD, ZANDER OWENS RECEIVED AWARD ON BEHALF OF PALM BAY HIGH AS WELL.

HE'S ALSO THE VALEDICTORIAN OR PALM BAY HIGH FOR THIS GRADUATING CLASS AND THIRD IN STATE FOR WRESTLING. AND ON TOP OF THAT, HE ALSO GOT A SCHOLARSHIP TO WRESTLE AT VIRGINIA TECH.

SO HUGE SHOUT OUT TO XANDER OWENS, AS WELL AS ABIGAIL PEREZ, WHO WAS THE CHAIR OF THE YOUTH ADVISORY BOARD.

SHE'S THE CLASS PRESIDENT AND THEY'RE BOTH GRADUATING THIS YEAR.

SO IT'S A GOOD SHOUT OUT TO THEM, THAT'S ALL.

SO ON MY REPORTS, I WANTED TO AND PERHAPS THIS IS REALLY APPROPRIATE AT THIS TIME ON MY REPORTS, I LIKE THE EYES AS COUNCILS AWARE, WE'VE BEEN INFORMED THAT.

THE THE BAFFO BOXES THAT WE WE.

WE APPLIED FOR THAT, WE LOBBIED FOR AND HAD SEAN FOSTER THAT THAT LOBBY GROUP YET ALIGNED WITH US OR.

ARE BAFFLED BOXES, FILTRATION DEVICES, SO WE WE WERE ABLE TO MANAGE THAT AND IT'S IN THE BUDGET, SO I WANTED TO SEE IF COUNCIL WOULD CONSIDER SENDING A LETTER OF THANKS TO OUR

[03:20:06]

REPRESENTATIVE FINE AND SENATOR MAYFIELD TO INCLUDE AN EARLY THANK YOU LETTER TO.

THE GOVERNOR, TO MAKE SURE HE SIGNS THEM, THEN VETO THAT OPPORTUNITY FOR US, KIND OF LIKE GETTING AHEAD AND SAYING THANK YOU, WE REALLY APPRECIATE THAT.

SO I'M BRINGING THIS BEFORE COUNCIL.

IF IF YOU IF YOU ALL WOULD AGREE IN SENDING THEM A LETTER OF THANKS, SINCE JUST JUMPING OUT EARLY, WE WERE ABLE TO TO SOLIDIFY AND GET THAT THAT ACCOMPLISHED THIS LEGISLATIVE SESSION. SO I ACTUALLY SPOKE TO SENATOR MAYFIELD YESTERDAY TO THANK HER FOR MY UNDERSTANDING IT WAS HER SPECIFICALLY WHO GOT IT DONE IN REGARDS TO THE APPROPRIATIONS OR THE BAFFO BOX. SO I FEEL WE SHOULD GIVE CREDIT WHERE CREDIT'S DUE, NOT TO WHERE IT'S NOT DO SO IN ORDER TO MAKE.

I DON'T HAVE AN ISSUE WITH. IT'S I THINK TO MYSELF PERSONALLY, SHE APPRECIATED IT AND SHE I'LL SAY IT NOW, SINCE ROLL OF THE DICE, SHE DEFINITELY WANTS TO ENCOURAGE COUNCIL TO LOOKING LOOKING TO GRANT FUNDING OR SEPTIC TO SEWER.

SO, YES, I DID SPEAK WITH SENATOR MAYFIELD TODAY AT THE NATIONAL PRAYER BREAKFAST ZERO SEVEN THIRTY.

AND I DID EXPRESS MY SINCERE GRATITUDE, EVEN THOUGH I SHARED THAT EVEN EARLIER ON.

BUT I BELIEVE IT WAS ALSO REPRESENTATIVE FIND THAT MADE THAT INITIAL HE PLACED IT AT THE LAST SECOND, LAST MINUTE.

SO I WAS JUST THINKING PERHAPS WE COULD INCLUDE HIM IN THAT PROCESS.

COUNCILMAN BAILEY. MAYOR, I HAVE NO PROBLEM.

I THINK IT'D BE APPROPRIATE FOR YOUR RIOT, WHOEVER YOU THINK'S APPROPRIATE SUPPORT, HOWEVER YOU WANT TO WRITE IT. I DO WANT TO KNOW.

I DO KNOW THAT I MEAN, THAT WAS CERTAINLY THE TOP PROPONENT TO MAKE SURE THAT IT GOT GOT DONE. BUT IN THE END, YOU KNOW, EVERYBODY, WHOEVER YOU FEEL THAT VOTED FOR IT, VOTE IN FAVOR OF THAT BUDGET WITHIN THERE.

I'M FULLY HAPPY FOR YOU DO THAT, NOT JUST ON BEHALF OF YOURSELF, WHICH WOULD BE VERY APPROPRIATE, BUT ALSO BEHALF OF COUNCIL.

AND SOME FELIX.

HOWEVER, THAT CONTRIBUTED TO US GETTING IT.

AND COUNCILMAN FOSTER.

YES, I THINK IT'D BE A GOOD IDEA TO, LIKE YOU SAID IN A LETTER TO THE SENATOR, MAY FEEL INCREDIBLY DEFENSIVE.

I HAVE NO ISSUE WITH THAT WEAPONS TO BOXER.

I THINK THAT, YOU KNOW, BENEFIT OUR CITY.

AND I. WELL, I THINK THAT YOU'RE RIGHT.

WELL, THANK YOU. SO IF I'M HEARING CORRECTLY, IT'S OK FOR ME TO INCLUDE SENATOR MAYFIELD, PERHAPS EVEN THE SENATE PRESIDENT, BECAUSE I DON'T WANT TO GET TOO OVER RAMBUNCTIOUS WITH THIS, BUT IN PARTICULAR, THE GOVERNOR, THE PRESIDENT, THE SENATE PRESIDENT, THE SPEAKER OF THE FLORIDA HOUSE AS WELL, TO INCLUDE EVEN REPRESENTATIVE FINE.

IS THAT IS THAT OK? I JUST I'M A PROVIDER TO COUNSEL, ONCE I GET IT, I'LL PROVIDE TO SHOW WHO'S BEEN DOING WHAT AND WORKING FOR THE CITY.

SO THAT'S ALL. GO AHEAD, MAYOR.

I JUST WANT TO YOU KNOW, IN LIEU OF WHAT COUNCILMAN BAILEY JUST BROUGHT UP TODAY, I JUST WANT US ALL TO BE ON THE SAME PAGE WITH THIS.

AND I DON'T WANT YOU TO FEEL THAT I'M VIOLATING ANYBODY'S TRUST UP HERE AS WELL.

SO THIS IS SO THIS IS APPROPRIATE FOR ME TO TO GARNER, YOU KNOW, EVERY MEMBER SUPPORT ON THE ON THIS. AND MAYOR, I HAVE NO SUPPORT.

I HAVE NO ISSUE. LET ME LET ME REITERATE THAT YOU COULD HAVE SENT ONE OF THOSE WITHOUT ASKING COUNSEL. CERTAINLY BRING IT UP TO OUR ATTENTION.

APPRECIATE IT. I APOLOGIZE.

I HAVE A NIGHTTIME ALARM STILL HAVING TO TURN OFF.

SO IT WOULD BE CERTAINLY APPROPRIATE FOR YOU TO DO IT, BUT TO DO IT ON BEHALF OF ALL OF US, I THINK I THINK YOU HAVE AT LEAST TWO OTHER MEMBERS THAT THERE ARE FINE WITH THAT.

AND WHILE I UNDERSTAND THE EFFORTS THAT HAVE BEEN PUT IN AND I'VE HAD THOSE CONVERSATIONS AND HAD SOME CONVERSATIONS WITH OUR LOBBYISTS TO THROUGHOUT THE SESSION ASKING QUESTIONS AS WELL AS STAFF, I UNDERSTAND THAT THERE'S A SPECIAL APPRECIATION FOR DEBBIE MAYFIELD, BUT I DON'T THINK SHOWING GRACE ACROSS THE BOARD TAKES ANYTHING AWAY FROM HER FOR THAT.

AND IF THERE'S ANYBODY ELSE YOU THINK OF, I HAVE NO PROBLEM, YOU REPRESENTING THIS PUPPY, THAT OK, THAT WAS ALL FOR MY ON MY REPORTS WERE ON THE NEW BUSINESS AND WANTED TO SHARE.

[NEW BUSINESS:]

[03:25:02]

OH, YES. AS YOU WOULD THE CENTERS FOR DISEASE CONTROL AND PREVENTION TO REMOVE THE THE BAN ON CRUISE SHIP OPERATIONS FROM PORT CANAVERAL NO LATER THAN JULY 1ST, 2021, PROVIDING AN EFFECTIVE DATE. NOW, I JUST WANTED TO SAY, I THINK THEY'RE MOVING IN THAT DIRECTION WHEN I INITIALLY PUT THIS ON WAS EARLIER IN APRIL, WHEREAS CRUISE SHIP OPERATIONS FROM PORT CANAVERAL ARE A MAINSTAY OF THE ECONOMY OF BREVARD COUNTY, WHEREAS THE CDC IS AN AGENCY OF THE FEDERAL GOVERNMENT BANNED CRUISE SHIPS OPERATIONS FROM THE PORT DUE TO COVID-19 PANDEMIC.

WHEREAS BEGINNING IN JUNE 20 21, THE CDC BAN WILL BE CIRCUMVENTED BY CRUISE OPERATING FROM FOREIGN PORTS CLOSE TO UNITED STATES OF AMERICA, WILL BE TRAVELING TO THROUGH FOREIGN PORTS, TAKING CRUISES, THEN RETURNING HOME.

WHEREAS ON APRIL 2ND, THE CDC ANNOUNCED OF APRIL, CDC ANNOUNCED THAT FULLY VACCINATED AMERICANS MAY NOW TRAVEL INTERNATIONALLY WITHOUT HAVING QUARANTINE UPON RETURN TO THE U.S. AND THIS WILL FACILITATE CRUISE OPERATIONS FROM FOREIGN PORTS.

AND WHEREAS THE CDC BAN ON CRUISE OPERATIONS FROM PORT CANAVERAL WILL DO NOTHING TO AND THE COVID PANDEMIC NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL CITY PALM BAY RIVERSIDE COUNTY, FLORIDA. AS FOLLOWS, THE CITY COUNCIL HEREBY URGES CDC TO REMOVE THE BAN ON CRUISE SHIP OPERATIONS FROM PORT CANAVERAL NO LATER THAN JULY 1ST.

WANTED TO SHOW THIS RESOLUTION AND SEE WHAT COUNCIL THOUGHT.

I'M IN AGREEMENT.

I THINK WE DO NEED TO SUPPORT OUR LOCAL PORT AND I LEAVE THAT OPEN FOR DISCUSSION. I'M FINE WITH IT, AND BEING THAT IT'S YOUR AUDIENCE WILL RESOLUTION, I DON'T KNOW IF YOU WANT IT TO PASS THE GAVEL, BUT YOU CAN MAKE IT OTHERWISE.

I HAVE NO PROBLEM MAKING THE MOTION MYSELF.

WELL, I DON'T KNOW IF ANY OTHER.

SO ANY ANY OF THEM I HAVE NO ISSUES, MAYOR.

YEAH, I'M I'M IN SUPPORT OF MY SUPPORT OF THE RESOLUTION.

THANK YOU, MR. FELIX. I MAY SAY I SEE WHERE YOU'RE GOING WITH THIS, AND I CAN APPRECIATE WHERE THE THOUGHT WHERE, WHY YOU WANT TO MOVE THIS FORWARD.

THE PORT LIKE THIS PORT IS PROBABLY THE SECOND BUSIEST AIRPORT IN IN IN THE UAE, IF NOT THE WORLD. AND IT MEANS A LOT.

THE FLIPSIDE OF THAT, THOUGH, AS IMPORTANT AS IT IS FOR THE LOCAL ECONOMY, I THINK SOME OF US I MEAN, SOME OF THE MUNICIPALITY IN BREVARD COUNTY COMING BACK.

TO MY UNDERSTANDING, WE FINANCIALLY, WE BOUNCING BACK PRETTY GOOD WITH THE FEDERAL GOVERNMENT, INFUSING MONEY TO DIRECTLY TO TO SOME OF THE LOCAL MUNICIPALITY TO HELP OUT WITH OUR SMALL BUSINESSES AND SO ON.

I WOULD NOT BE IN SUPPORT OF THIS FOR THE SIMPLE FACT, IF YOU WOULD TELL FAMILIES THAT LOSE MEMBERS, IT'S A COVID.

AND WE HAVE QUITE A, YOU KNOW, HUNDREDS OF THOUSANDS OF THEM IN BREVARD COUNTY, SO I WOULD. RESTRAIN FROM SUPPORTING THIS TODAY AND LEAVE IT UP TO THE EXPERTS TO.

MAKE THE DECISIONS AS TO LEAN, LEAN ON THEIR DECISION AS TO WHEN THEY FEEL.

IT'S THE RIGHT TIME TO LIFT THE BAN.

DULY NOTED, COUNCILMAN FELIX, THIS IS MORE ON SUPPORT OF, YOU KNOW, THAT PORT AND THAT DECISIONS, IT'S GOING ON TO SAY THAT THEY BE FULLY VACCINATED, SO.

WELL, YOUR POINT IS WELL TAKEN AND DULY NOTED.

BUT AT THIS POINT, I, I, I WOULD ENTERTAIN A MOTION.

SOME OF. I HAVE A MOTION BY COUNCILMAN BAILEY, SECONDED BY DEPUTY MAYOR JOHNSON, I'M GOING TO CALL FOR A VOTE.

ALL IN FAVOR, I NEED OPPOSE NAY, AS IS FOUR TO ONE.

WE MOVE ON TO ITEM NUMBER TWO.

[03:30:01]

THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE. A DEPUTY MAYOR JOHNSON, THANK YOU, MAYOR.

FIRST, I WANT TO THANK COUNSEL FOR GIVING ME THE GREEN LIGHT TO WORK WITH STAFF ON THE REVISIONS FOR THIS ONLY REVISION IS REALLY JUST REPLACING THE CITY MANAGER WITH THE CITY CLERK, BECAUSE CURRENTLY ALL THE MEMBERS OF THE AUDIT COMMITTEE REPORT TO THE CITY MANAGER. AND I'LL SAY IT ONCE AGAIN, THIS ISN'T GEARED TOWARDS OUR CITY MANAGER, SUZANNE SHERMAN. THIS IS JUST FULL TRANSPARENCY FROM HERE ON OUT, 20, 30 YEARS FROM THE FUTURE.

AND THEN OTHER THAN THAT, A PROPOSED AMENDMENT WOULD REQUIRE QUARTERLY REPORTS, THE CITY COUNCIL, THAT PROVIDE THE NUMBER, TYPE AND THE DISPOSITION OF ALL COMPLAINTS.

JUST SO WE'RE STAYING IN THE LOOP ON EVERYTHING.

SO THAT'S PRETTY MUCH IT.

ANY ANY OTHER QUESTIONS OF COUNCIL.

BUT I DO APPRECIATE THE SUPPORT TO WORK ON THIS WITH THE CITY ATTORNEY AND GO FORWARD FROM THERE. ANY DISCUSSION COUNCIL AT THIS TIME? ANY QUESTIONS? AND LET ME IN, BECAUSE OBVIOUSLY, YOU KNOW, I WAS WORKING TANGENT TO THIS MAY MAKE IT CLEAR.

I KNOW IT STILL REFERS TO, OK, MAYBE THE ARGUMENT IS GOING TO BE REPLACED BY THE FRYE COMMITTEE, IS THAT CORRECT? IT'S TO SAY IT IS RENAMING IT, WE CREATED THE COMMITTEE IN A UNDER THE ABORTION SECTION.

SO THIS JUST HAS MORE CONSISTENCY.

SO THE NAME IS THE SAME.

THIS IS TO BE THE COMMITTEE, RIGHT? FRAUD INVESTIGATION COMMITTEE.

ALL RIGHT. THANK YOU. BECAUSE THAT PALM BAY JOHNSON.

SO I'M GOING TO ASK FOR A MOTION.

MOTION TO APPROVE AN AMENDMENT TO THE CITY OF PALM BAY IS CODE OF ORDINANCES, CHAPTER 34, HUMAN RESOURCES SUBCHAPTER WHISTLEBLOWERS ORDINANCE.

I GOT A MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN BAILEY.

SO I JUST I THINK THE FIRST THING I WANT TO SAY IS THANK YOU FOR YOUR HARD WORK REGARDING THIS. I THINK THIS IS THIS IS A GREAT OPPORTUNITY TO GIVE A TOOL TO OUR RESIDENTS, ARE OUR EMPLOYEES, I SHOULD SAY.

AND IN THAT IT'S IMPORTANT FOR THEM TO FEEL COMFORTABLE THAT THEY COULD GO AND SPEAK FREELY AND THAT PROTECTION.

I LIKE THE ADDED, YOU KNOW, GET GET A DIFFERENT TYPE OF PANEL DISCUSSION ON THAT.

PERHAPS IN THE FUTURE WE COULD EVEN DISCUSS A DIFFERENT ENTITY, YOU KNOW, SO THAT THEY FEEL THAT THERE WON'T BE ANY PERSECUTION.

IN ITS ENTIRETY, THOUGH, THOSE ARE MY THOUGHTS ON THAT, BUT I THINK WHEN YOU LOOK AT THIS, I WANT TO COMMEND YOU IN THE HARD WORK AND REALLY CONSIDERING ARE OUR EMPLOYEES FEEL COMFORTABLE IF THEY SEE SOMETHING, THEY SAY IT.

YOU KNOW, THEY THEY DON'T FEEL THREATENED.

THEY DON'T FEEL INTIMIDATED BECAUSE THAT'S IMPORTANT TO ME.

THERE'S SAFETY AND NO RETALIATION IS WHAT THEY SHOULD BE FEELING, THAT THEY SHOULD BE COMPROMISING THEIR EMPLOYMENT.

SO THANK YOU FOR YOUR HARD WORK IN THAT COUNCIL.

ANY FURTHER DISCUSSION? I'LL JUST ADD, I KNOW WE'RE GOING TO HAVE THE AUDIENCE IMMEDIATELY FOLLOWING THIS, ONE OF THE DISCUSSIONS THAT WHENEVER WE SAT DOWN NOW WITH THE GUITAR OFFICES TO TO DISCUSS THIS AND END UP BEING WITH JONES TERESE SUZANNE BECAUSE SHE WAS ON VACATION FOR SOME OF IT.

BUT WE DID TALK A LITTLE BIT.

AND THOUGH SINCE SHE'S BEEN BACK, THE YOU SEE IT STRIKING OUT THE THE COMPOSITION OF THE AUDIT COMMITTEE ARE THE NOW FRAUD INVESTIGATION COMMITTEE.

I KNOW INSTEAD FOR US TO PASS IT BY RESOLUTION.

AND I'M HOPING THAT WHEN WE DO THIS RESOLUTION, THAT THERE'LL BE SOME FLEXIBILITY BECAUSE OBVIOUSLY WE WON'T HAVE THE CITY CLERK THERE.

BUT TO HAVE SOME FLEXIBILITY IN HOW THE CITY CLERK.

DECIDE ON WHO'S GOING TO BE COMPOSITION, BECAUSE THERE MIGHT BE TIMES WHERE SHE NEEDS TO MAYBE GET AN OUTSIDE PERSON OR TIMES WHERE SHE MIGHT NEED TO, MAYBE SHE DOESN'T NEED ONE.

MAYBE IT'S IN ONE OF THE APARTMENTS OF ONE OF THOSE CORE PEOPLE WHERE SHE NEEDS SOMEBODY FROM OUTSIDE AND TO NOT INCLUDE THEM SO THAT SHE CAN HAVE A FAIR INVESTIGATION.

SO I THINK SOME FLEXIBILITY JUST TO MAKE SURE THINGS MOVE SMOOTHLY WILL BE AN IMPORTANT PART OF THAT. SO THAT'S THAT'S ONE REASON WHY THAT PART STRICKEN OUT.

THEY CAN GET COUNCILMAN FOSTER.

GO AHEAD. I'M GOING TO BE IN SUPPORT OF THIS MOTION, BUT MY ONLY CONCERN IS.

[03:35:06]

AND I THINK WE SHOULD HAVE A REPRESENTATIVE, DEPUTY CHIEF OF THE FIRE OR THE DEPUTY CHIEF OF THE POLICE ON THIS COMMITTEE, BECAUSE IT MIGHT BE MY REPORT CARD, WHICH COULD BE A CRIME. AND THEY KNOW WHERE CRIME AND THEY SEE IT OR SOMEONE WHO'S IN UNIFORM, LIKE A COMMANDER OR DEPUTY CHIEF OF POLICE.

I THINK THEY SHOULD BE THEY SHOULD BE PART OF THIS COMMITTEE.

BUT I'M OKAY WITH THE CITY CLERK REPLACING THE CITY MANAGER.

I'LL BE THERE. THANK YOU, COUNCILMAN FOSTER, SO ANY WELL, I'M GOING TO BRING IT BACK HERE FOR A SECOND SINCE WE WE ALREADY HAVE A.

EMOTION IN A SECOND, SO I WANTED TO, YOU KNOW, FOLLOW UP WITH DEPUTY MAYOR JOHNSON, IF THAT'S, YOU KNOW, COUNCILMAN FOSTER BRINGS UP SOME VALID POINTS, MAYBE A BATTALION CHIEF OR A DEPUTY CHIEF OR AS YOU WERE, I THINK MADAM MADAM SMITH IS BITING AT THE BITS OVER THERE TO SHARE SOMETHING.

YES, SIR. WELL, AS COUNCILMAN BAILEY STATED, WE ACTUALLY AREN'T NAMING THE PEOPLE TO THE COMMITTEE. THAT WILL BE DONE BY RESOLUTION.

BUT THERE ARE SOME CONCERNS AS FAR AS PUTTING POLICE ON THE COMMITTEE.

THERE IS ALREADY BEEN A MECHANISM WHERE CERTAINLY IT LEGAL DETERMINES THAT THERE IS REASON TO BELIEVE THAT A CRIME IS BEING COMMITTED THAT CAN BE REFERRED TO POLICE, PARTICULARLY IN A LOT OF THESE INVESTIGATIONS.

YOU REALIZE MOST OF THESE EMPLOYEES DON'T HAVE A CHOICE AS FAR AS WHETHER THEY REALLY COOPERATE IN THEM.

IT IS A REQUIREMENT THAT IF THERE'S FRAUD, THAT WHERE THE EMPLOYEES, MEMBERS OF BOARDS COOPERATE IN THESE INVESTIGATIONS, WHEREAS YOU CAN'T COMPEL SOMEBODY TO COOPERATE IN A CRIMINAL INVESTIGATION.

SO IT REALLY WE REALLY NEED TO.

AT OUR INTERNAL INVESTIGATION, IF IT LOOKS LIKE THERE IS A CRIME HANDED OVER TO POLICE AND LET POLICE DO THEIR OWN THING, AND IT'S A SEPARATE AND DISTINCT.

SO THERE ARE SOME ISSUES WITH COMBINING THOSE ROLES.

AS FAR AS FIRE, THE REASON THE INITIAL MEETING WITH COMMITTEE WAS TYPICALLY AS FAR AS FRAUGHT. THESE ARE THE PEOPLE THAT ARE MOST LIKELY TO BE OF ASSISTANCE.

AND YOU MAY HAVE SOME PROCUREMENT, YOU MAY HAVE SOME ISSUES WITH FINANCE.

H.R. IS TRAINED AS FAR AS DOING THE FACT FINDING IS THIS TYPICALLY WE DON'T SEE MUCH IN THE NATURE OF A NON-CRIMINAL INVESTIGATION.

CERTAINLY IF THERE WAS SOME THAT THE BE FIRED WORKING WITH POLICE WERE THERE, PARTICULARLY EXPERTIZE MAY BE NEEDED IN THESE TYPE OF INVESTIGATIONS.

SO IT WASN'T TO ESSENTIALLY THE PEOPLE THAT WERE SELECTED.

AND THE CRITERIA THAT WE'LL HAVE IN AS FAR AS THE RESOLUTION IS, AS FAR AS A LOT OF FLEXIBILITY IS JUST TO FIND A THIS IS THE CLAIM WHO WHAT STAFF OR WHAT PEOPLE MAY HAVE THE BEST EXPERIENCE, THE BEST SKILLS TO HELP DETERMINE WHETHER THERE HAS BEEN A VIOLATION. AND FOR THE MOST PART, THE TYPICAL CLAIM, IT WOULDN'T BE A MEMBER OF A FIRE.

BUT CERTAINLY IF THERE WAS SOMETHING SPECIALIZED, THAT THAT'S ABOUT REALLY MAKING SURE THAT THE PARK HAS THE FLEXIBILITY TO BE ABLE TO IF IT WAS SOMETHING SPECIALIZED, WHERE IT WAS MORE A.

PARTICULAR EXPERTIZE ISSUES THAT SHE WOULD BE ABLE TO REACH OUT TO THOSE WHO HAD THE MOST EXPERTIZE, WHETHER THAT BE FIRE ENGINEERING OR WHATEVER.

WHAT HAVE YOU, BUT IS THE REASON WHY, YOU KNOW, IT WOULD BE AS A REGULAR MEMBER OF THE COMMITTEE, WE DON'T CERTAINLY WANT TO TAKE AWAY EMPLOYEES AND HAVE THEM JUST SIT ON A COMMITTEE JUST AS A MECHANISM JUST TO FILL OUT THE COMMITTEE.

WE WANT THEM TO BE ABLE TO HAVE SOME VALUE AND RESPECT THEIR TIMES.

I'LL BE THEM. ANY QUESTIONS FROM OUR CITY ATTORNEY? OK, SO WE HAVE A MOTION AND A SECOND.

ANY FURTHER DISCUSSION? OK, I'M CALLING FOR A VOTE ON FAVOR, I HOPE THIS IS UNANIMOUSLY ITEM NUMBER THREE MCSMITH. WITNESS THEIR YOUNG WITNESS, 20, 21, DASH 30, AN ORDINANCE IN THE CITY OF PALM BAY, BURAK COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES TITLE FIVE LEGISLATIVE BY CREATING A NEW CHAPTER 62 TITLE FRAUD INVESTIGATION COMMITTEE, PROVIDING FOR THE REPEAL

[03:40:06]

THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR SEVERAL VEHICLES PROVIDING FOR AN EFFECTIVE DATE. ELSOM IN BAILEY.

AND I FEEL FREE TO DEFER TO MISS SMITH TO IF I LEAVE ANYTHING OUT, BUT BUT THE GENERAL CONCEPT HERE IS THAT NOT EVERYTHING QUALIFIES AS A WHISTLE BLOWER WHISTLE BLOWER AS WELL, DEFINED BY THE NARROWLY DEFINED BY THE STATE STATUTE.

AND THEREFORE, WE NEED WAYS OF PICKING UP OTHER COMPLAINTS OF FRAUD, SUSPECTED FRAUD, AND BEING ABLE TO INVESTIGATE THEM THOROUGHLY AS WELL.

SO THIS COMMITTEE WILL THEN ALSO, AGAIN, REITERATE THAT, NO, TONIGHT WE DON'T HAVE TO DECIDE WHO IS WHAT'S GOING TO BE IN THAT RESOLUTION FOR WHO'S BEEN COMPRISED THE COMMITTEE. BUT WE CAN CERTAINLY HAVE THAT DISCUSSION IN THE FUTURE.

BUT I DEFINITELY THINK THAT WHEN THAT RESOLUTION COMES FORWARD, WE HAVE TO PASS THE ORDINANCE FIRST. BUT IF THE RESOLUTION COMES FORWARD THAT THE CITY CAN'T BE AFFORDED SOME TYPE OF FLEXIBILITY, I DO KNOW THAT ONE OF THE THINGS THAT I WAS SPEAKING TO, YOU KNOW, ULTIMATELY MY MY FEELING IS THAT WE NEED AN INSPECTOR GENERAL TYPE OF POSITION OR SOME TYPE OF AUDIT FUNCTION THAT'S SEPARATE FROM THE CITY MANAGER WHO WHICH IS THE OFFICE THAT DOES MOST OF THE TRANSACTIONS USING THE CLERK'S OFFICE IS PART OF THIS TO ME IS A A STEP IN THAT DIRECTION. I HAD THOUGHT OF HAVING A SPECIFIC PROFESSIONAL AND I KNOW TERESE IS STILL INVESTIGATING THE COSTS OF SUCH SERVICES AS FAR AS AN EMPLOYEE, AS WELL AS WHETHER WE WOULD GET MAYBE SOMEBODY ON A CONSULTANT BASIS.

AND SO MY THOUGHT IS THAT FOR THE TIME BEING IS WE'RE HEADING INTO THE BUDGET AS SHE CONSIDERS THAT BY HAVING FLEXIBILITY IN THE BOARD, IF SHE DOES NEED TO GET SOMETHING, SOMEBODY TO SIT ON THAT BOARD IN A CONSULTING FASHION OR EVEN TO ACCESS SOMETHING THROUGH AN OUTSIDE COUNSEL, THROUGH THE CITY ATTORNEY'S OFFICE TO GET THAT RIGHT, EXPERTIZE TO MAKE SURE THINGS ARE DONE CORRECTLY AND AND TO ADD A LITTLE BIT EXTRA, TAKE SOME OF THE PRESSURE, TOO, OFF OF OUR EXISTING STAFF WHO MIGHT BE SITTING ON THAT BOARD THAT THAT FLEXIBILITY SHOULD BE IN THERE.

AND OF COURSE, RESOLUTIONS CAN BE CHANGING.

ANY TIME WE FIND A CITY CLERK FEELS THAT IT'S NOT WORKING THE RIGHT WAY OR THERE'S A HINDRANCE, YOU CAN JUST COMING BACK AT RESOLUTION CAN JUST BE DONE IN ONE ONE COUNCIL MEETING AND WE CAN GET IT DONE QUICKLY AND SWIFTLY TO MAKE SURE THAT THINGS KEEP MOVING FORWARD. SO I THINK THAT'S AN IMPORTANT PART OF IT.

AS YOU GUYS IF YOU GUYS RUN IT, COUNCIL, READ IT CLOSELY.

THERE'S ALSO SOME LANGUAGE JUST TO MAKE SURE THAT THE CITY ATTORNEY'S OFFICE IS THERE PROVIDING LEGAL COUNSEL.

THEY KNOW I THOUGHT MAYBE, YOU KNOW, I CONSIDER THE IDEA OF WHETHER THEY SHOULD BE ON THE BOARD, YOU KNOW, SIMILAR TO KNOW WHY YOU WOULD NOT WANT POLICE ON THE BOARD.

YOU WANT LEGAL TO BE ABLE TO PROVIDE LEGAL ADVICE.

SO I THINK THEY SHOULD BE PART OF THE PROCESS, BUT NOT NOW ON THE BOARD DIRECTLY, NECESSARILY. SO THAT'S ADDED IN THERE.

AND THERE'S ALSO A GOAL OR A TARGET GOAL OF TRYING TO GET THESE INVESTIGATIONS DONE SWIFTLY. RIGHT. THAT IS ONE OF OUR ONE OF OUR I DON'T WANT ANYTHING TO BE SHELVED BY JUST SAYING IT'S OPEN INVESTIGATION FOREVER.

IT IS ONE OF OUR PIECES OF JURISPRUDENCE, AT LEAST, THAT YOU HAVE A SPEEDY, SPEEDY TRIAL IN THIS CASE, HOPEFULLY HAVE A SPEEDY INVESTIGATION FOR ANY TYPE OF MATTER THAT'S OPEN.

SO THAT AND IF THERE'S NOT THAT, THERE BE A RECORD FOR THE BOARD TO HAVE A DISCUSSION.

WHY NOT? I MEAN, WHY WHAT'S OUR REASON? AND THEY CAN ALWAYS EXTEND IT AS NECESSARY.

BUT I JUST WANT TO MAKE SURE THE BOARD HAS A CONVERSATION INSTEAD OF JUST BEING SET OUT THERE IN THE BOARD, JUST NOT TALK ABOUT IT ON ANY AGENDA FOR A LONG PERIOD OF TIME.

CERTAINLY, I THINK THAT I APPRECIATE ALL THE STAFF NOW, APPRECIATE MISS SMITH AND TERESE WORKING REALLY HARD TO HELP CRAFT THIS AND INPUT FROM BOTH AND SUZANNE ON IT AS WELL.

AND I'LL LEAVE IT THERE.

LIZ SMITH. SMITH, IS THERE ANYTHING YOU THINK, MISS? IS ANY SPEAKER, CAN'T BE A MERE JOHNSON LOBATON.

ALBERTON, 586 OCEAN SPRAY STREET SOUTHWEST.

WHEN I WAS GOING OVER THE TWO ORDINANCES.

I THOUGHT, WELL, LOOKS KIND OF STRANGE, ME, IT'S LIKE YOU'RE HAVING THE FOX GUARDING THE HENHOUSE, WHICH IS GREAT, THERE'S A GUARD THERE, BUT THAT DOESN'T NECESSARILY MEAN IT'S IT'S A GOOD THING. I RECOMMENDATION WITH THIS ONE WAS IT LOOKED TO SEE WHERE THE COMPLAINTS COMING FROM.

BECAUSE IF YOU JUST AUTOMATICALLY SAY DEPARTMENT HEADS OR THE DIRECTORS AND SAID, WELL, LOTS OF TIMES THAT'S HATE TO SAY THIS, BUT THAT'S WHERE A LOT OF THE FRAUD ORIGINATES.

THIS WHOLE THING, BECAUSE NORMALLY, IF THAT'S WHAT YOU'RE SAYING, TO HAVE INVESTIGATED THAT TO ITS ORIGINATING, WHETHER THEY'RE GOING TO BE CATCH, IF ANYBODY WHO WORKS FOR THEM, THEY'RE GOING TO SEE IT BEFORE IT EVEN GETS TO ANYBODY ELSE.

IF IT'S A HARP, IF IT'S HAPPENING.

IF IT'S ALREADY THERE, SO WITH MY STATEMENT IS.

[03:45:01]

SO NOW YOU'VE GOT THE WHISTLEBLOWER PROTECTION IN CONJUNCTION WITH YOUR FRAUD COMMITTEE SOME WAY WHERE YOU COULD COMBINE THEM, BECAUSE WHEN IT COMES TO LIGHT, YOU DON'T WANT, OH, THIS CAME TO LIGHT. AND LET'S JUST HAVE THE PERPETRATOR BE CHAIRING THE COMMITTEE.

AND YOU SEE WHERE I'M GOING.

ALL RIGHT. SO BE IT.

I HOPE YOU CATCH THAT THING BECAUSE IT'S DRIVING YOU CRAZY.

OK, BUT THAT'S MY INPUT.

SEE IF YOU CAN COMBINE THEM.

GO FROM THERE. THANK YOU.

THANK YOU. ALL ASK FOR EMOTION.

I MAKE A MOTION TO APPROVE ORDINANCE 2021 DASH THIRTY FIRST READING.

SECOND, FOR DISCUSSION AND CAN I ASK IF IT'S OK, MAYOR SMITH, JUST RESPOND TO MR BIDEN'S COMMENTS REAL QUICK AND EXPLAIN HOW THE TWO INTERACT.

ADAM SMITH, FRAUD INVESTIGATION COMMITTEE CAN INVESTIGATE WHISTLEBLOWER ACTIONS BEFORE ALL WE HAD WAS A WHISTLEBLOWER ORDINANCE.

SO IF YOU HAD SOMEONE THAT MADE AN ANONYMOUS COMPLAINT THAT DOESN'T QUALIFY AS A WHISTLE BLOWER ACTION, OR IF YOU HAD A RESIDENT, A MEMBER OF THE PUBLIC MAKE A COMPLAINT, THAT TOO WOULDN'T HAVE A WHISTLEBLOWER EFFECT.

SO WHAT WE WANTED TO DO IS MAKE SURE THAT WE HAD THE AVENUE FOR THOSE THAT EMPLOYEES OR VENDORS EXERCISE, THE SECRETARY RICE'S WHISTLE BLOWER.

BUT ALSO, HEY, IF THEY'RE MEMBERS OF THE PUBLIC, LIKE THE AUDIT, I BELIEVE THE WORKSHOP THAT WE HAD, ONE OF THE BIGGEST FRAUD THAT THE AGENT SPOKE ABOUT, IT CAME ABOUT NOT BECAUSE OF I WAS AN EMPLOYEE, BUT IT WAS A PERSON OUTSIDE OF THE AGENCY.

SO WE WANT TO BE ABLE TO HAVE THE SAME THING WHERE WE CAN TAKE ADVANTAGE OF THAT.

BUT THE AUDIT COMMITTEE WORKED WELL.

THE FRAUD INVESTIGATION COMMITTEE WELL, CAN INVESTIGATE EITHER.

AND TO BE CLEAR ABOUT THAT, THERE'S A COP, SO AS WE TALK ABOUT THE PROCESS, BECAUSE I ASKED SOME OF THIS SOME OF THE SOME OF THE QUESTIONS I THINK MR. BRATTON WAS RAISING, WHICH IS, FOR INSTANCE, THERE'S AN ISSUE.

THEN THE RESPONSIBILITY OF THE COURT WOULD BE TO CONVENE THE COMMITTEE WITHOUT THE CHARGE, SOMEBODY, EVEN SOMEBODY IN H.R., MAYBE A SUPERVISOR CONVENE OUTSIDE OF THAT.

AND THAT WAY THEY CAN DO THE INVESTIGATION INDEPENDENTLY.

AND SO THAT'S PART AND THAT'S PART OF, I THINK, WHERE THE RESOLUTION WE CAN DEFINE SOME OF THAT OF WHO'S GOING TO BE.

THAT'S WHY I THINK THERE SHOULD BE FLEXIBILITY ON THAT COMMITTEE.

I DON'T THINK SHOULD BE THESE PEOPLE ALWAYS, BECAUSE I THINK SOMETIMES, OK, WHAT IF IT'S ONE OF THEM OR TWO OF THEM DEPARTMENTS, YOU GOT TO PULL THEM OFF.

WELL, NOW YOU HAVE MAYBE THREE PEOPLE ON TOTAL OR TWO PEOPLE IN TOTAL AND YOU DON'T HAVE ALL THE RESOURCES YOU NEED HAVING THE FLEXIBILITY.

MY MINE MINE IS MAYBE THOSE ARE THE THREE CORE, MAYBE THOSE ARE THE RECOMMENDED THREE AND BE ALL WITHIN THE CLERK'S PURVIEW TO ASSEMBLE THE APPROPRIATE ONE THAT THOSE BE THE RECOMMENDED THREE MEMBERS OF THE BOARD, BUT ALSO HAVING THAT ABILITY TO GET AN OUTSIDE CONSULTANT OR SO, FOR INSTANCE, IF IT WAS H.R.

SORRY TO PICK ON H.R.

H.R. RIGHT NOW, IF IT DOESN'T DO, IT HAS NOTHING TO DO WITH OUR WITH OUR H.R.H.

THE SECOND. BUT IF IT WAS AN H.R.

ISSUE, THEN THEY WOULD BE ABLE TO CONVENE THE FINANCE DIRECTOR AND THE PROCUREMENT DIRECTOR TO CHECK KNOW TO BE ABLE HAVE THEIR EXPERTIZE AND GET AN OUTSIDE H.R.

EXPERT TO ALSO SIT DOWN THERE TO HELP THEM GO THROUGH THE RECORDS.

RIGHT. SO I THINK THAT'S THE IDEA IS KIND OF THAT'S THAT'S THE SAME MIND FRAME IS WHAT I HAVE. WHY YOU KNOW, WHY WE KIND OF CAME UP WITH A RESOLUTION SOLUTION RIGHT IN.

AND BAILEY AND EVEN WITH MISS JONES, WE DID DISCUSS THAT, AND THAT'S WHY IT WAS IMPORTANT TO HAVE A PROVISION SO THAT A CONSULTANT COULD BE BROUGHT IN TO REPLACE ONE OR ANY OF THEM. IT'S SOMETHING THAT WILL BE FLESHED OUT MORE IN THE RESOLUTION.

AND EVEN IF THERE WAS SOMETHING WHERE LEGAL WAS INVOLVED, WHERE SHE WOULD HAVE BECAUSE TYPICALLY BE BEING ABLE TO RETAIN A AN ATTORNEY, MOST OF THOSE ATTORNEYS HAVE TO BE APPROVED THROUGH MY OFFICE.

BUT CERTAINLY IF THERE WAS SOMETHING INVOLVING MY OFFICE OR WHERE THERE WAS A CONFLICT, WHERE SHE WOULD BE ABLE TO RETAIN AN ATTORNEY TO ASSIST OR STILL BE ABLE TO HAVE ADVICE.

SO WE HAVE TALKED ABOUT MAKING SURE THAT SHE'D BE ABLE TO DO THE INVESTIGATION AND HAVE THE EXPERTIZE SHE NEEDS, EVEN IF THERE WAS A CONFLICT.

I GUESS THAT'S WHERE I'M AT.

I LIKE THE YOU KNOW, WITH IT BEING OUT.

WE BEING ABLE TO GET AN OUTSIDE ENTITY TO LOOK AT THAT, I THINK IN TOTAL TRANSPARENCY, I REALLY BELIEVE THAT MIGHT BE THE BETTER OPTION, NOT PUTTING THAT ON ANY OF OUR STAFFER, SO TO SPEAK. BUT OUTSIDE OF THAT, SO THEY HAVE FRESH EYES, THEY COME IN AND THERE'S NO RELATIONSHIPS INVOLVED.

I THINK THAT WOULD BE A BETTER OPTION, A BETTER FIT FOR WHAT WE'RE ULTIMATELY TRYING TO

[03:50:04]

I WAS GOING TO DEFER TO THE CITY MANAGER BECAUSE WE HAD EXTENSIVE DISCUSSION ON BOTH ITEMS AND THIS ON THIS ITEM, WE HAD SIMILAR DISCUSSION ON WHAT YOU JUST SPOKE ABOUT.

SO. WANT TO CHIME IN? YEAH, I APPRECIATE SHERMAN.

THANK YOU, APPRECIATE THE OPPORTUNITY TO SPEAK ON THIS.

SO, YEAH, I'VE ACTUALLY SPOKEN WITH ALL OF YOU AND I'VE SPOKEN WITH CITY ATTORNEY AS WELL. THE ONLY COMMENT I WANT TO MAKE, BECAUSE AS WE'VE BEEN EVOLVING OUR PROCESS OF HOW WE'RE GOING TO DO THESE INVESTIGATIONS, YOU KNOW, WE'VE COME TO THIS THIS NEXT PHASE, WHICH IS AN APPROPRIATE PHASE AND MAKES SENSE TO START CHANGING SOME OF THE OR PROVIDING MORE STRUCTURE TO WHAT WE'RE DOING WITH THE RECOMMENDATION THAT I'VE SHARED WITH EVERYONE. AND I JUST WANT TO PUT IT OUT THERE IS THE ONE THING I'M TRYING TO BRIDGE IS THAT WE DO SERIOUSLY LOOK AT NEXT YEAR'S BUDGET, ESPECIALLY AT FUNDING FOR OUTSIDE CONSULTANTS. I DON'T KNOW THAT IN.

TERESE OFFICE BUDGET GENERAL ON BUDGET IS I WOULD LIKE TO AVOID A SITUATION WHERE OUR STAFF MEMBERS ARE HAVING TO.

INVESTIGATE SITUATIONS WITH THEIR FELLOW STAFFERS.

THERE'S OBVIOUSLY SEPARATIONS AND APARTMENTS AND YOU COULD DO YOUR VERY BEST TO.

I'M SEPARATION AND HOW YOU COMPRISE BETWEEN WHAT THEY'RE TASKED WITH LOOKING AT, BUT JUST BY MY CAUTION TO COUNSEL IN MY RECOMMENDATION AS CITY MANAGER IS THAT WE LOOK AT MUCH AS POSSIBLE WE TALKED ABOUT IT.

THERE IS A SECTION IN THE AUDIENCE THAT TALKS ABOUT THE ESTABLISHING PROCEDURES.

THOSE PROCEDURES COULD VERY WELL BE CERTAIN TYPES OF ISSUES AUTOMATICALLY GO TO AN OUTSIDE ALTERNATE.

BUT I AM ENCOURAGING COUNSEL TO CONSIDER THAT BECAUSE ABSOLUTELY, FIRMS THAT DO INTERNAL AUDITING ORGANIZATIONS SIMILAR TO SOME OF BAILEY IS SAID ABOUT HAVING AN ACTUAL ON STAFF AUDITOR. YOU CAN HAVE CONTRACTS WITH FIRMS TO OUTSIDE AUDITING FOR YOU.

SO JUST SOMETHING TO CONSIDER.

I THINK THAT THE COMMITTEE HAS A GOOD ROLE IN TERMS OF INITIAL LOOK AT SOMETHING AND SAYING THIS IS SOMETHING THAT IS QUICK AND EASY AND CAN BE DISPENSED WITH AND MAYBE ISN'T. WE'VE HAD SOME OF THESE ALREADY WITH THE CURRENT VERSION OF THE COMMITTEE, THINGS THAT ACTUALLY DON'T BEAR ANY.

WORK WITHIN THE COMMITTEE PROCESS, RIGHT, THERE ARE THINGS THAT IN SOME CASES WERE SENT THROUGH THE PROCESS, COMPLAINT FORM WAS WAS SUBMITTED.

WE DON'T ACTUALLY EVEN FIT IN THE SCOPE OF WHAT? REQUESTING THAT THEY GO TO ANOTHER PLACE, FOR EXAMPLE, TO GO TO A CUSTOMER SERVICE, PART OF A DEPARTMENT. OUTSIDE OF THOSE, THAT'S MY ONLY ENCOURAGEMENT TO COUNSEL, TO THINK ABOUT HOW WE WANT THE MAXIMUM IN TERMS OF URGENCY ON THIS, TO OUTSOURCE AS MUCH AS POSSIBLE, BUT IT WILL COST US SOMETHING, TOO.

AND THAT'S JUST A FINANCIAL.

BURAK JOHNSON. BY THE WAY, I LOOK AT IT.

IT WILL COST US SO MUCH MORE IF WE DON'T.

OH YEAH.

IN THE HIGH IS WE YOU'VE SEEN WHAT WE'VE BEEN GOING THROUGH THERE.

SO AS PART OF WHAT WE RAN ON TRANSPARENCY.

SO I THINK IN HINDSIGHT IT WILL COST SO MUCH MORE THAT YOU CAN'T REPAIR WITH ANY AMOUNT OF DOLLARS. SO I'M I'M GOOD WITH IT.

I DON'T KNOW IF THAT REQUIRES.

OCEAN AMENDING, I DON'T KNOW WHERE COUNCILMAN BAILEY STANDS ON IT, BUT, YEAH, IF I MAY.

YEAH, I THINK THAT THAT SHOULD BE EXPLORED WITH THE RESOLUTION.

I THINK WE NEED TO GET THE BONES OF THE STRUCTURE FIRST AND THEN I THINK THAT WE SHOULD RESERVE KNOW HOW WE'RE GOING TO DO THAT.

AND AND WE NEED TO BRING IT BACK.

I MEAN, I KNOW I KNOW MISS JONES IS LOOKING AT THE FUND AT THE AT THE FINANCIAL ASPECT OF IT. NOW, I WANT TO READ AND BY THE WAY, WHEN I MENTIONED EARLIER THAT I WOULD LOVE TO HAVE SOMEBODY WHO'S AN INDEPENDENT PROFESSIONAL DOING THAT UNDER HER ON HER PURVIEW IN THE CLERK'S OFFICE AND FOR HER TO GET TRAINING AS WELL TO THE PROFESSIONAL DEVELOPMENT IN THIS AREA. HOWEVER, THERE IS ALSO THE LOGISTICAL SPATIAL ISSUES OF THAT OFFICE THAT WAS A PARTICULAR ISSUE AS WELL.

SO ANYHOW, IT'S SOMETHING IT'S SOMETHING TO CONSIDER.

BUT I THINK WE SHOULD LET'S LET'S GET THE ORDINANCE PASSED AND THEN LOOK AT THAT WHEN WE GET TO THE RESOLUTION. I MEAN, FELIX.

ERIC, THANK YOU. WELL, IT SOUNDS LIKE.

SO FAR, WHAT I'VE HEARD FROM.

SHERMAN ZUMAYA.

RAMIA AS WELL, IS THAT THE IDEA TA TA FOR THAT COMMUNITY TO BE WAS THAT THE DANGER TO THAT IS I'M EVEN LOOKING AT FURTHER BECAUSE YOU CAN CREATE AN AREA WHERE, YOU KNOW, YOU GOT, YOU KNOW, COLLEAGUES, YOU KNOW, POLICING OTHER COLLEAGUES, AND THAT CAN IMPACT MORALE. I CAN YOU CAN OPEN A WHOLE NEW CAN OF WORMS. I WOULD SUPPORT THAT WE CONSIDER OUTSIDE HELP AND RATHER ITS AUDIT, YOU KNOW, TO TO COME

[03:55:09]

BUT I WOULD BE IN SUPPORT FOR OUTSIDE HELP.

LOVE OF FIVE.

COLONEL. I'LL BE THAT COUNCILMAN FOSTER, I WANTED TO GIVE YOU AN OPPORTUNITY TO WEIGH IN, SIR. YES, THANK YOU, MAYOR.

YOU KNOW, MY PREVIOUS COMMENT WHEN I SAID YOU SHOULD HAVE A HOME FOR THE POLICE DEPARTMENT, LIKE A DEPUTY CHIEF ON A WHISTLE BLOWER COMMITTEE, WE'RE TALKING ABOUT A FRAUD INVESTIGATIVE COMMITTEE.

LAST TIME I CHECKED, FRAUD IS A CRIME.

IT'S A CRIME, AND THE BEST PEOPLE TO DO THAT ARE MEN AND WOMEN IN BLUE UNIFORM.

OK, AND THEY DO INVESTIGATIONS ALL THE TIME, 24 HOURS A DAY.

THEY DO INVESTIGATION AND IT WILL GIVE A WICKED BLOW TO ME A LITTLE BIT MORE.

THEY KNOW IT SITS ON A COMMITTEE AND SOMEBODY COMMITTED FRAUD AND IT'S GOING TO GET INVESTIGATED AND THEN WE NEED AN OUTSIDE AGENCY.

TO COME, THAT INVESTIGATOR SITS ON A COMMITTEE TO MAKE A STRONG RECOMMENDATION THAT THIS IS BEYOND MY CAPABILITIES AND REALLY TO SPEND MONEY TO GET DOWN TO THE NITTY GRITTY OF THIS INVESTIGATION.

EVERYTHING AT FIRST A RUMOR IN THE WINDOWS MIGHT NOT NEED TO SPEND 10 TO 20 THOUSAND DOLLARS TO FIND OUT JUST A RUMOR OR IT'S NOT.

ACTUALLY, IT'S NOT WHAT IT SEEMED TO BE.

THAT'S WHY YOU NEED A A PROFESSIONAL, LIKE A DETECTIVE OR INVESTIGATORS THAT SIT ON A COMMITTEE AND THEY CAN LOOK AT ANY ACTS OF FRAUD.

EXTORTION OR MISUSE OF PROPERTY OR THINGS THAT ARE TAKEN OF CITY PROPERTY OR MISUSING THE CITY PROPERTY ARE STEALING FUNDS FROM THE CITY.

WE NEED SOMEBODY WHO'S DONE INVESTIGATIONS.

I'VE DONE A LOT OF INVESTIGATIONS.

AND THE WORST THING YOU COULD DO IS HAVE A GROUP OF PEOPLE DO A FRAUD INVESTIGATION THAT WILL GO NOWHERE. YOU NEED ONE PERSON TO FIND OUT THE FACTS AND JUST THE FACTS AND THEN REPORT TO A COMMITTEE.

OF THE FACT YOU WON'T YOU WON'T GET INVESTIGATION DONE, A GROUP OF PEOPLE BORN THIS WAY.

MATTHEW, YOU WAS IN THE MILITARY LIKE, I DON'T KNOW WHEN YOU GET AN IDEA AND AND LOOK INTO YOUR UNIT. IT IN AIG GOT A LOT OF POWER.

YOU GET ANSWERS AND YOU GET AND YOU GET THEM QUICK AND YOU GET IT DONE.

YOU DON'T SEND A GROUP OF PEOPLE LOOKING TO YOU WHAT'S GOING ON IN YOUR UNIT? YOU SAY ONE PERSON AND ANY AND THAT ONE PERSON TO BE A LASER OR AN OUTSIDE GROUP OF THIS.

COMING TO SEE TO FIND OUT WHAT'S GOING ON AS FAR AS PART.

OK, AND THAT PERSON, THAT OFFICER TO GUIDE THE OUTSIDE GROUP AROUND THE CITY AND GET ANSWERS. SO I DON'T THINK WE NEED A FRAUD INVESTIGATION COMMITTEE.

I THINK WE NEED SOMEONE FROM OUR DETECTIVE DIVISION, FROM THE POLICE DEPARTMENT TO BE ON THAT COMMITTEE. AND THEN IF WE NEED TO GO OUTSIDE OF THAT, WE SPEND THE MONEY.

TO DO THAT. THAT'S MY COUSIN.

THANK YOU, COUNCILMAN FOSTER, WOULD YOU WANT TO SHARE ANY THOUGHTS ON THAT, MADAM SHERMAN, OR HAVE OUR POLICE CHIEF? WELL, I THINK I WOULD ACTUALLY DEFER TO WHAT THE CITY ATTORNEY HAS ALREADY RECOMMENDED.

AND I DO AGREE WITH WITH HER RECOMMENDATION THAT A LAW ENFORCEMENT PERSONNEL IS NOT MEMBERS WOULD NOT BE BEST SUITED FOR THE COMMITTEE AS IT STANDS AT PRESENT.

I GUESS NOT TO BELABOR THE POINT THAT WE'RE ON, WHETHER COUNCIL AS A WHOLE WANTS TO MOVE FORWARD WITH THE CONCEPT OF THE COMMITTEE OR NOT, I THINK EITHER SCENARIO WE STILL HAVE THE OPPORTUNITY AND THAT THE POINT OF MY COMMENTS WAS TO MAKE SURE THAT WE TAKE THAT INTO CONSIDERATION, THAT I WOULD LIKE TO SEE THE VAST MAJORITY OF SIGNIFICANT INVESTIGATIONS

[04:00:01]

IF YOU CHOOSE TO HAVE A COMMITTEE AS PART OF THIS ORDINANCE THAT DOES THE INITIAL REVIEW OF THE CASE COMING IN MAKE THAT DETERMINATION AS PART OF THE PROCESS.

ON. AND IF PART OF THAT PROCESS DOES INCLUDE, WHICH IS MY REQUEST TO YOU, THE ABILITY IS AN OUTSIDE INTERNAL AUDITOR TYPE FIRM, THAT IS WHAT I AM TRYING TO ACCOMPLISH, THAT WE CAN HAVE THAT OPPORTUNITY TO DECIDE AND DETERMINE UPFRONT.

THE THING SHOULD NOT BE REVIEWED INTERNALLY BY STAFF AGAINST OTHER STAFF, AND IT SHOULD GO OUTSIDE THAT THAT TO ME IS PROBABLY THE MOST APPROPRIATE BECAUSE GOING TO NEED TO HAVE SOMEONE TO VET BLAME AS IT COMES IN.

SO THAT, I THINK, IS IN PART THE VERY.

WHETHER YOU COULD DO IT STRUCTURALLY WITHOUT A COMMITTEE AT ALL AND JUST HAVE AN OUTSIDE AUDITOR FIRM THAT THINGS GO DIRECTLY TO AND ROOT DIRECTLY TO, I HAVEN'T FULLY EXPLORED THAT WITH THE CITY ATTORNEY OR THE CLERK'S OFFICE.

I DON'T KNOW IF THAT'S A MECHANISM WE COULD PUT IN PLACE OR NOT.

I MY REQUEST TO YOU IS JUST THAT THAT AS A FUTURE ITEM.

HAPPY MARY JOHNSON.

SO SO IS IT.

I'M JUST TRYING TO MAKE SURE I UNDERSTAND.

WOULD YOU BE MORE IN FAVOR IF WE WERE TO AMEND THE MOTION TO INCLUDE FUTURE? I LOOKING INTO OF OUTSIDE CONSULTANT OR JUST WITH IT AS IS, AND THEN LOOK TO A RESOLUTION IN THE FUTURE, OR THAT'S WHAT I'M TRYING TO DO.

SO I THINK I'LL AND I'LL ASK PATRICIA TO CHIME IN, TOO, BECAUSE SHE SPENT A LITTLE MORE TIME WORKING ON THIS WITH BAILEY.

CLEARLY IN SECTION FIVE, IT SAYS THE COMMITTEE SHOULD ESTABLISH PROCEDURES FOR PROMPTLY INVESTIGATING COMPLAINTS.

AS LONG IN MY POINT IN ALL OF THIS CONVERSATION IS TO SAY AS LONG AS.

TOWNSVILLE HAS AN UNDERSTANDING AND EXPECTATION THAT ONE OF MY REQUEST TO YOU IS THAT YOU PREPARE TO FUND AN OUTSIDE AUDITOR FIRM THAT CAN HELP US WITH THESE INVESTIGATIONS THAT I THINK IS A PLACE THAT CAN BE SOMETHING THAT IS BUILT INTO THE ORDINANCE OR, AS COUNCILMAN BAILEY SAID, INTO THE RESOLUTION WHEN A COMMITTEE IS PUT TOGETHER.

THE OTHER SCENARIO IS, AND I HAVE NOT EXPLORED THIS, BUT I KNOW THERE ARE FIRMS OUT THERE THAT DO THIS IS THE QUESTION OF YOU WANT NOT TO HAVE A COMMITTEE AT ALL AND DO AN INTERNAL AUDITING FIRM THAT IS BASICALLY ON RETAINER AND WOULD RECEIVE ANY AND ALL KINDS OF COMPLAINTS OR REQUESTS THAT I HAVEN'T TALKED AT LENGTH.

THE CITY ATTORNEY'S OFFICE. I JUST HAD A CHANCE TO TALK TO HER BRIEFLY A DAY OR SO AGO TO SAY THAT'S ANOTHER THING WE COULD CONSIDER.

REALLY, I'M JUST SORT OF INTRODUCING THAT TO THE CONVERSATION TO MAKE SURE YOU ALL KNOW WHERE I'M COMING FROM, THAT MY GREATEST CONCERN REMAINS STAFF AND OTHER STAFF MEMBERS.

EITHER WAY, I THINK WE CAN MAKE IT WORK.

WE NEED TO EXPLORE THAT FURTHER AND BRING SOMETHING BACK TO COUNCIL, I'M CERTAINLY HAPPY TO DO THAT. OR TO PATRICIA, IF SHE WANTS TO ADD ANYTHING TO THAT.

ALTHOUGH I UNDERSTAND SOMEWHAT, ALL HAVE TO REALIZE STEP TYPICALLY INVESTIGATE STAFF.

I MEAN, THAT'S PRETTY MUCH A LARGE FUNCTION OF THE H.R.

DIRECTOR IS A LARGE FUNCTION OF WHAT WE EXPECT OF DEPARTMENT HEADS IS TO MAKE SURE THAT THEY KNOW WHAT'S GOING ON WITHIN THEIR DEPARTMENTS.

WE HAVE FINANCE THAT WE HAVE KNOW, MAKING SURE THAT, YOU KNOW, WHAT PEOPLE SAY THEY ARE SPENDING MONEY ON IT IS ACCURATE AND MAY HAVE OUTSIDE PEOPLE.

WE HAVE PROCUREMENT THAT GOES THROUGH.

AND WHATEVER YOUR PICART, YOU KNOW, ARE YOU GETTING THEM RIGHT, FOLKS? SO THAT TYPICALLY IS LOOKING AT OTHER STAFF AND SAYING, ARE YOU REALLY FOLLOWING OUR POLICIES AND PROCEDURES? SO. THIS IS.

I AM NOT NECESSARILY SEEING THE ISSUE, THIS IS WELL, YOU KNOW, HEY, MAYBE YOU DIDN'T GET THIS NORMALLY IN YOUR REGULAR ROUTE PROCESS BECAUSE THERE WAS OTHER INFORMATION THAT CERTAIN OTHER PEOPLE KNEW.

BUT NOW MAYBE THEY WEREN'T DIDN'T WANT TO GO THROUGH THE PROPER CHANNELS UNTIL THEIR DEPARTMENT HIT, BUT THEY WOULD MAKE THIS COMPLAINT SO THAT.

WE'LL GIVE YOU SOME MORE INFORMATION SO THOSE PEOPLE THAT WOULD NORMALLY GO THROUGH THE CHANNELS, ALL THESE THINGS AND MAYBE LOOK AT THEM CLOSER BUT INVESTIGATE STUFF, YOU CAN'T HAVE A CITY RUN AND NOT HAVE THE DEPARTMENT HAS NOT HAVE THE SUPERVISOR.

AND I HAVE THE PEOPLE LOOK AT WHAT THE EMPLOYEES ARE DOING THAT JUST CAN'T I MEAN, IT CAN'T OCCUR. WE ALSO HAVE TO BE COGNIZANT IF SUDDENLY.

I WOULD PREFER THAT THE WE AT LEAST CREATE THE COMMITTEE, AND ESPECIALLY SINCE WE HAVE IT IN OUR WHISTLEBLOWER ORDINANCE, AS BECAUSE IT GIVES THAT WHOLE POINT OF BEING IN THE WHISTLEBLOWER ORDINANCE WAS, YES, YOU KNOW, YOU CAN ALWAYS GO TO H.R., YOU CAN GO TO YOUR

[04:05:04]

IT WAS NOT NECESSARILY WHAT ANYBODY WANTED, PARTICULARLY LABOR AND EMPLOYMENT COUNCIL IS DIFFERENT WHEN YOU GOT THE CHARTER OFFICERS BECAUSE WE REPORT TO YOU DIRECTLY.

SO IT WAS REALLY TO CREATE ANOTHER MECHANISM FOR, YOU KNOW, IF THERE'S SOMETHING GOING ON, WE WANT YOU TO TELL.

WE WANT YOU TO FEEL PROTECTED AND WE WANT TO HAVE THESE PROCESS.

AND THIS IS ANOTHER ENTITY WHICH YOU CAN MAKE A COMPLAINT AND KNOW THAT YOU ARE GOING TO BE FINED. IF YOU ALL WANT TO TAKE THE FRAUD INVESTIGATION COMMITTEE AND HAVE IT ONLY DEAL WITH A WHISTLEBLOWER, CERTAINLY THAT'S SOMETHING THAT'S UP TO COUNCIL.

BUT I DO THINK IT IS IT DOES PLAY AN APPROPRIATE ROLE SINCE.

FOR AT LEAST THE WHISTLEBLOWER COMPLAINTS AND ALSO THERE ARE CERTAIN CASES THAT ARE A LITTLE BIT MORE SIMPLE, AND WE WANT TO MAKE SURE WE ARE INVESTIGATING THE COMPLAINTS THAT ARE MADE, BUT WE ALSO WANT TO MAKE SURE THAT WE'RE DOING IT EFFICIENTLY.

ONE OF THE THINGS THAT I HAVE DONE FOR SOME QUITE SOME TIME, WHICH IS WHAT KEEPS MY OUTSIDE COUNSEL A BUDGET VOTE, AND WE DO EVERYTHING IN-HOUSE, 100 PERCENT.

NO, BUT ME AND MY ATTORNEYS HAVE CERTAIN EXPERTIZE, CERTAIN BASES WHERE WE KNOW WHAT INFORMATION IS IMPORTANT.

SO INSTEAD OF HAVING OUTSIDE COUNSEL GO TALK TO ALL THESE DIFFERENT DEPARTMENTS, GRAB ALL THESE DIFFERENT, YOU KNOW.

DOCUMENTS WHERE THEY'RE CHARGING ME AND CHARGING YOU ALL QUITE A BIT AN HOUR TO JUST GRAB DOCUMENTS, I CAN AT LEAST PULL THE INFORMATION YOU HAVE.

I CAN SIT WITH, YOU KNOW, STAFF WHO MAY JUST WANT TO TALK FOR A WHILE BECAUSE YOUR STAFF TAUGHT, YOU KNOW, FOR A WHILE AND THEY GO DOWN A DIFFERENT RABBIT HOLES.

YOU GUYS PAY ME THE SAME AMOUNT, WHETHER I AM HERE EIGHT HOURS OR I'M HERE 12 HOURS.

BUT, YOU KNOW, IT'S DIFFERENT.

SO THERE IS, I THINK, SOME VALUE.

AND I THINK EVEN THE CITY MANAGER RECOGNIZES THAT, YOU KNOW, I HAVEN'T BEEN PRIVY TO REALLY WHAT THE AUDIT COMMITTEE IS DOING, BUT BEING ABLE TO SEE THIS IS A LET'S SEE WHAT THIS IS. IS THIS SOMETHING THAT IS EVEN SOMETHING THAT IS WITHIN THE ORDINANCE? DO WE AUTOMATICALLY WANT TO SEND OUT SOMETHING TO THE AUDIT COMMITTEE FOR AN OUTSIDE AUDITOR AND HAVE THE AUDITOR TELL US? WELL, ESSENTIALLY, IT WAS STRICTLY PERSONAL.

IT'S SOMETHING WHERE, YOU KNOW, MAYBE SOMEONE'S NOT SPEAKING KINDLY TO SOMEONE.

IS THAT SOMETHING WE WANT TO ACT UPON? ABSOLUTELY. FROM A LABOR AND EMPLOYMENT STANDPOINT, WE MAY NEED TO DO COACHING OR WHATEVER, BUT IS THAT SOMETHING THAT WE WANT TO PAY SOMEBODY A COUPLE OF HUNDRED DOLLARS AN HOUR TO LOOK AT AND TELL US, YOU KNOW, THAT, YOU KNOW, WE NEED TO BETTER TRAIN OUR EMPLOYEES? SO I THINK THERE IS SOME VALUE TO BE ABLE TO SEE WHAT IT IS THAT WE HAVE, OR AT LEAST, YOU KNOW, ALLOWING THE CLERK TO SEE THIS IS WHAT WE HAVE.

YOU KNOW, IS THIS SOMETHING WHERE I CAN GET, YOU KNOW, STEP? BECAUSE WHETHER YOU HAVE AN OUTSIDE AUDITOR OR NOT, ALL THE INFORMATION, MOST OF IT'S GOING TO BE IN-HOUSE. SOMEBODY IS GOING TO HAVE TO GET SOMETHING FROM THE FINANCE DIRECTOR OR SOMEBODY TO FINANCE SOMEBODY.

YOU HAVE TO GET RECORDS MAYBE POTENTIALLY FROM THE CHIEF SECURITY OFFICERS OR HAVE REPORTS RUN. YOU'RE SOMEBODY'S STILL GOING TO HAVE TO CONTACT THESE.

PEOPLE THAT'S WITHIN STAFF, BECAUSE MOST TIMES MOST OF THE INFORMATION IS GOING TO BE WITHIN THE CITY. SO I'M NOT COMPLETELY UNDERSTANDING, BUT CERTAINLY WITHIN COUNCIL, BUT I WOULD ASK THAT WE KEEP IT, AT LEAST FOR THE WHISTLEBLOWER.

AND THAT'S WAS MY QUESTION, WOULD YOU WOULD YOU SEE IT AS IN THE BEST INTERESTS MOVING FORWARD AS IS AND THEN COMING FORWARD WITH THE RESOLUTION LIKE WUS MENTIONED, AND THEN IN THAT RESOLUTION DECIDE THE SCOPE OF HOW THIS LOOKS? YES, AND THAT WAS ONE OF THE REASONS WHY, BECAUSE IT'S NEW AND IT'S ABOUT BEING FLEXIBLE AND SEEING WHAT WORKS BEST, BECAUSE WE'VE TALKED ABOUT A HAVING TO GO OUTSIDE ORIG, MAYBE HAVING AN EMPLOYEE.

BUT HAVING THE RESOLUTION IS THAT IF WE SEE ONE WAY IS NOT WORKING IS EASIER TO COME BACK

[04:10:04]

IT'S NEW AND IT'S SOMETHING THAT ESSENTIALLY I KNOW THERE ARE PEOPLE THAT WOULD RATHER HAVE A POSITION AT ANOTHER CHARTER OFFICER, BUT WE CAN'T MAGICALLY MAKE THAT HAPPEN RIGHT NOW BECAUSE, YOU KNOW, THERE ARE OTHER LEGAL THINGS THAT HAVE TO BE DONE AS FAR AS REFERENDUM IS TRYING TO SEE WHAT WE CAN DO NOW WITHIN OUR CURRENT STRUCTURE TO GIVE US SOMETHING THAT IS SIMILAR TO THAT AS POSSIBLE.

AND IT MAY TAKE SOME, YOU KNOW, CHANGE, BUT THAT'S WHAT THE RESOLUTION ALLOWS US TO DO TO BE ABLE TO. CREATE SOMETHING.

SEE HOW IT GOES AND IF IT'S NOT WORKING, BUILD ENOUGH FLEXIBILITY IN THERE THAT ALLOWS THE CITY CLERK TO USE STAFF RESOURCES, OUTSIDE AUDITORS AND IF NECESSARY, OR IF IT IS, YOU KNOW, COST EFFICIENT, CERTAINLY COUNCIL COULD ALLOW FOR AN ADDITIONAL EMPLOYEE, BUT I THINK THE RESOLUTION ALLOWS FOR THAT FLEXIBILITY.

THIS IS SAYING THAT WE HAVE THE COMMITTEE, HOW THE COMMITTEE ACTUALLY WORKS OR WHO COMPOSED OF IT AND HOW ALL OF THAT'S GOING TO BE IN THE RESOLUTION.

THIS JUST SAYS THIS IS WHAT YOUR SCOPE OF PRACTICE IS.

THIS IS WHAT YOU CAN CONSIDER.

THANK YOU. IF WE ANY FURTHER DISCUSSION COUNCIL, YOU KNOW, MAY I JUST THINK THANK YOU EVERYBODY FOR THEIR INPUT. AND I THINK MISS SMITH, SHE I CAN'T I THINK THIS IS A VERY WELL THOUGHT OUT ORDINANCE.

SO I REALLY IMPLORE COUNSEL TO LISTEN TO WHAT I HAVE SAID IN THAT REGARD.

I THINK WE CAN TAKE HEED OF SOME OF WHAT SEA MANAGER WANTS WHEN WE GET TO THE RESOLUTION.

BUT I THINK THIS IS A VERY WELL THOUGHT OUT ORDINANCE.

THERE'S BEEN A LOT OF TIME THAT THE CITY ATTORNEY'S OFFICE HAS PUT INTO LOOKING AT THE WHISTLEBLOWER AND SOME OTHER THINGS WITH OUTSIDE COUNSEL OVER THE LAST YEAR OR SO.

AND SO I I REALLY THINK IT'S STRONG THE WAY IT IS.

SO I REALLY RECOMMEND THAT COUNSEL JUST MOVE FORWARD THE WAY IT IS.

AND AND LIKE I SAID, YOU'RE NOT GOING TO BE ABLE TO BYPASS STAFF.

AND ONE THING THAT MISS SMITH DID SAY, BECAUSE I KIND OF ASKED SOME SIMILAR QUESTIONS, BUT ONE THING SHE SAYS, LIKE, WE CAN'T ASSUME THAT ALL OF OUR OUR PEOPLE ARE GOING TO AUTOMATICALLY DO THE WRONG THING.

WE HAVE TO ASSUME THEM TO BE PROFESSIONALS.

EILTS WHY ARE THEY IN THESE POSITIONS? AND AS MISS SMITH SAID, THEY DO THIS EVERY DAY.

WE HAVE A MOTION BY COUNCILMAN BAILEY, SECONDED BY DEPUTY MAYOR JOHNSON, I'M GOING TO CALL FOR THE VOTE ALL IN FAVOR AND HE OPPOSED.

THIS IS UNANIMOUSLY WE'RE ON ITEM NUMBER FOR MISS LEFLER.

YES, THE STAFF IS REQUESTING A SPECIAL COUNCIL MEETING FOR COUNCIL TO HEAR THE CASES FROM THE MAY 5TH PLANNING ZONING BOARD MEETING IN ORDER TO REDUCE THE NUMBER OF PUBLIC HEARINGS ON THE JUNE 3RD REGULAR COUNCIL MEETING.

A STAFF IS RECOMMENDING IT BE SCHEDULED FOR THURSDAY, JUNE 10TH, AT SIX P.M..

ARE THERE ANY SPEAKER CARDS ON THAT MIRROR, JOHNSON? YOU KNOW, AND WE HAD A SHORT PLANNING AND ZONING MEETING, I MEAN, AS YOU COMPARE TO PREVIOUS PENNSY MEETINGS IN THE.

UH. NZ.

IN THE MEETING, SO I'M NOT SURE IF.

JUNETEENTH OR JUNE 10TH IS.

IS SOMETHING THAT THIS COUNCIL WANTS TO TAKE UP APPARENTLY WHEN AN HOUR AND A HALF AND IT WAS HOW MANY ITEMS, LARRY, IN OR 11 WAS IT 11, 10, 10.

AND MAYOR, IF I MAY.

I MEAN, THE THE MEETING WE HAD AN ABUNDANCE OF CAUTION BECAUSE OF THE NUMBER OF ITEMS WE DID PREPARE THIS DATE FOR YOU ALL.

I BELIEVE LARRY CAN CONFIRM WE ACTUALLY ADVERTISED FOR THE STATE ALREADY FOR THESE.

LEGAL NOTICES ALREADY, SO WE DID PREPARE FOR THIS MEETING TO HAPPEN.

UM, I'LL BE THAT.

OH, ALL WE NEED IS CONSENSUS.

WE'RE I'M GOOD FOR JUNE 10TH.

I'M FINE EITHER WAY.

AS WELL, THERE'S NO WE CAN'T PULL BACK TO A THIRD CLEARLY, RIGHT, THOSE THREE, WE'D HAVE TO PUSH IT OUT FURTHER.

COUNCILMAN FOSTER, YOU WANT TO WEIGH IN ON THIS? YEAH, I'D GO WITH THE DATE.

ALL RIGHT. COPY THAT, SIR.

SO YOU GOT A CONSENSUS, MR. LEFLER? WE'RE GOOD FOR JUNE OR JUNE 10TH.

A NUMBER OF ITEM NUMBER FIVE.

ADAM SMITH, YES.

THIS CAME ABOUT.

WE OFTENTIME, OF COURSE, WE HAVE A NUMBER OF PARTS HERE IN THE CITY WE'LL HAVE WHERE WE HAVE TO REPLACE THE EQUIPMENT, I THINK IT CAME ABOUT LAST YEAR AND THE ISSUE CAME UP AGAIN THIS YEAR IN RFP, WHERE WE TYPICALLY LIKE TO HAVE SOMEONE PROVIDE THE EQUIPMENT AND

[04:15:06]

AND THERE HAVE BEEN ISSUES ABOUT WHO CAN ACTUALLY SIGN THAT CONTRACT.

CAN'T THERE'S A PERSON THAT CONTRACTS WITH THE CITY HAVE TO BE A GENERAL CONTRACTOR WHO CAN DO THE INSTALLATION OF THE EQUIPMENT OR COULDN'T BE A SUPPLIER WHO THEN SUBCONTRACTS WITH THE PERSON THAT CAN DO THE INSTALLATION.

WE WERE ABLE TO ALL LAST YEAR, THERE WAS SOMEONE THAT, YOU KNOW, MADE SOME LEGAL ARGUMENTS LATER BACKED OFF THE LEGAL ISSUE HAS COME UP AGAIN AS FAR AS WHETHER BY ALLOWING SOMEONE TO CONTRACT DIRECTLY WITH US, THAT DOESN'T HAVE THE LICENSURE TO DO THE INSTALLATION WORK, WHETHER THAT IS ESSENTIALLY AIDING AND ABETTING THE UNLICENSED PRACTICE AND EVEN AMONG STAFF IN A COUPLE OF DIFFERENT ATTORNEYS FOR DIFFERENT WHETHER IT'S CONSTRUCTION OR PROCUREMENT OR BUILDING OFFICIALS OR OTHER SECURITY OFFICIALS, THERE HASN'T BEEN A UNIFORM ANSWER.

AND EVEN WHEN I DISCUSSED THIS ISSUE WITH OUR CONSTRUCTION ATTORNEY THAT WE HAVE OUTSIDE COUNSEL, THERE REALLY WASN'T ANY.

THERE WASN'T ANY STATEMENTS OUT THERE THAT ACTUALLY PROVIDED ANY TYPE OF DIRECTION.

SO WHAT WE DID, HE DID DO ON BEHALF OF THE CITY IS HE REACHED OUT TO THE CONSTRUCTION INDUSTRY LICENSING BOARD BECAUSE THE WHOLE ISSUE WAS THE UNLICENSED PRACTICE IS WITHIN THEIR PURVIEW AND ASKED HIM IF THEY WOULD BE WILLING TO PROVIDE A PETITION.

WE DID A PETITION FOR DECLARATORY STATEMENT AS TO PROVIDE SOME GUIDANCE TO US.

WE DIDN'T KNOW WHETHER THEY WERE GOING TO ACCEPT IT OR NOT.

YOU KNOW, IT DIDN'T MAKE THAT LAST MEETING, BUT RECENTLY HE.

RECEIVED A LETTER AND THEY'RE ACTUALLY GOING TO ADDRESS THAT ISSUE AT THE.

MAY 14TH MEETING.

AND SO THE AUTHORIZATION FOR TRAVEL IS TO ALLOW MYSELF IN OUR CHIEF PROCUREMENT OFFICER TO BE THERE AT THAT MEETING SO WE CAN CERTAINLY PRESENT THE ISSUE, BE PREPARED.

RESPOND TO ANY QUESTIONS THAT THEY MAY HAVE AND REALLY GET SOME GOOD GUIDANCE ON HOW WE NEED TO BE WHO CAN DO THIS AND HOW THIS NEEDS TO BE STRUCTURED.

ME AND HE SPEAKER CALLED.

PROMOTION. AND A MOTION BY COUNCILMAN BAILEY, SECONDED BY COUNCILMAN FELIX ANY FURTHER DISCUSSION? AND CNN, I'M CALLING FOR A VOTE ALL IN FAVOR.

ALL RIGHT, THIS IS UNANIMOUSLY WE'RE ON ADMINISTRATIVE ILLEGAL REPORTS, MADAM SHERMAN.

THANK YOU. JUST ONE INQUIRY FOR COUNSEL.

[ADMINISTRATIVE AND LEGAL REPORTS:]

A QUESTION FOR YOU IS, IF YOU WOULD ALSO LIKE TO, AT THAT SAME MEETING, HAVE STAFF PROVIDE YOU WITH THE UPDATE ON THE AMERICAN RESCUE PLAN FUNDING AND THE IDEAS AND HAVE THAT DISCUSSION AS PART OF THAT? SO WE HAVE TWO AGENDA ITEMS THAT IN ONE MEETING, UM, I BELIEVE THAT THE LAST TIME WE DID AN UPDATE ON THE STATE AUDIT WAS ABOUT AN HOUR LONG PRESENTATION, NOT COUNTING QUESTIONS.

I THINK WE CAN STREAMLINE THAT A LITTLE BIT FOR THIS THIS WORKSHOP.

SO I JUST WANT TO ASK YOU ONE OR TWO SEPARATE MEETINGS OR IF YOU WANTED.

THAT IS ONE.

ONE ITEM. SHERMAN FELIX AND I, I'LL BE FINE WITH ONE ONE MEETING.

SHERMAN BAILEY. TYPICALLY, WE WOULD SPLIT THEM UP.

I MEAN, I'M JUST TRYING TO THINK ABOUT WHAT ITEMS WERE OPEN, AND AS YOU REMEMBER, I HAD I HAD A QUESTION. I WENT DOWN THE LIST AT THAT LAST THAT LAST ONE.

I DON'T THINK IT WAS THAT LENGTHY, BUT I DID HAVE QUESTIONS AND CERTAINLY QUESTIONS I WANT ON THE RECORD BECAUSE I WANT THEM TO ANSWER PUBLICLY.

THAT'S THE IMPORTANT PART OF IT.

I DO. I DON'T THINK THIS ONE'S GOING TO BE.

OF COURSE, WE HAVEN'T. WE'RE NOT THERE YET.

AND SO I HAVEN'T PREPARED MY LIST YET.

I DON'T THINK IT'S GOING TO BE AS LENGTHY.

SO DO WE TALK ABOUT GETTING THE OPTIONS FOR THE RECOVERY OR WAS IT, AGAIN, AMERICAN RESCUE PLAN, RESCUE, RESCUE, RESCUE, WHATEVER, WHEN WE WHEN WE GET TO THAT POINT? SO YOU'RE THINKING WE'RE GOING TO HAVE GUIDANCE BY THEN? NO, WE ACTUALLY STILL HAVE NOT RECEIVED ANY MORE GUIDANCE.

AND WHAT WE FIRST GOT AT THE BEGINNING, SO WE ACTUALLY, BASED ON OUR CALCULATIONS, EXPECT TO RECEIVE THE FIRST HALF OF THE FUNDING NEXT WEEK.

SO WE'RE MOVING FORWARD WITH OUR INTERNAL PLANNING, GETTING OUR IDEAS TOGETHER TO BRING TO

[04:20:02]

AND MAYBE BY THEN WE WILL HAVE SOMETHING MORE SUBSTANTIAL FROM TREASURY.

BUT RIGHT NOW WE DON'T. OK, I MEAN, I'M OK WITH THIS.

I'M OK. WHATEVER COUNCIL DECIDES.

THANK YOU, DEPUTY MAYOR JOHNSON.

I'M GOOD WITH ONE COUNCILMAN FOSTER.

AND GOOD TO HAVE CONSENSUS, ONE MEETING, TWO ITEMS. THANK YOU, MA'AM. ADAM SMITH, YES, JUST BRIEFLY, I KNOW AT THE LAST COUNCIL MEETING, WE DISCUSSED THE OPIATE LITIGATION AND WHAT'S GOING ON WITH THE IMO YOU ORIGINALLY COUNSEL, OUR OUTSIDE COUNSEL WAS.

SCHEDULED TO BE HERE AT THE NEXT COUNCIL MEETING, ALTHOUGH I DID RECEIVE AN UPDATE FROM THEM JUST TODAY, APPARENTLY LAST WEEK THE DEPUTY ATTORNEY GENERAL MET WITH SEVERAL OF THE LOCAL GOVERNMENT AS FAR AS THE IMU, AND THERE IS ANTICIPATED THAT THERE MAY BE SOME CHANGES. SO THEY'RE GOING TO STILL BE MEETING WITH THE A.G.

AND SEE IF THOSE CHANGES ARE FORMALIZED, CERTAINLY IF THE CHANGES ARE FORMALIZED BEFORE THE NEXT MEETING. I THINK THE PLAN IS TO BECOME THAT NEXT MEETING.

BUT IF THEY'RE STILL WORKING ON IT, IS THE PLAN IS TO MAYBE MOVE IT TO THE JUNE SO THAT WHENEVER THEY COME TO US, THEY'RE COMING, TALKING TO THE US ABOUT THE AGREEMENT THAT THEY ACTUALLY PLAN ON MOVING FORWARD, BECAUSE RIGHT NOW THERE IS A SLIGHTLY IN FLUX AND THERE ARE CONTINUED NEGOTIATIONS THAT ARE GOING ON.

I JUST WANT TO UPDATE COUNCIL ON THAT.

THANK YOU, MA'AM. ANY SPEAKER CALLED.

[PUBLIC COMMENTS/RESPONSES: Speakers are limited to 3 minutes.]

STEP FORWARD. SENIOR CHIEF.

ALBERTON, 586 OCEAN SPRAY STREET, SOUTHWEST, I HAVE TWO ITEMS I'D LIKE TO ADDRESS ON THIS ONE. THE FIRST ONE WAS REGARDING THE COMPREHENSIVE PLAN FOR THE CITY, SOMETHING PEOPLE DON'T REALIZE, AND I WAS JUST MADE AWARE OF THIS.

I'M LEARNING A LOT. AND I THOUGHT I KNEW A LOT ABOUT THE CITY, BUT I'M LEARNING A LOT MORE EVERY DAY ON HOW THIS THING OPERATES.

A LOT EASIER WHEN YOU JUST POKED A HOLE IN THE GROUND, PUT YOUR SEED AND CROP GREW.

BUT CITIES DON'T GROW THAT WAY.

BUT WITH THE CURRENT PLAN, WHICH IS LIKE THE SEED THAT WE PLANT IN THE GROUND TO GROW OUR CITY WITH. AND WHERE WE WHEN WE DON'T WATER AND WE DON'T GROW AND ALL THAT KIND OF STUFF, THAT YOU GO AND IT GOES WITH IT.

WELL. YOU CAN MAKE MODIFICATIONS IN YOUR COMP PLAN, BUT YOU HAVE TO SEND IT TO THE STATE, BUT IF YOU SEE SOMETHING, THAT'S IF YOU SEE SOMETHING THAT YOU NEED TO CHANGE RIGHT AWAY.

YOU DON'T HAVE TO WAIT 10 YEARS IN ORDER TO GET SOMETHING TO THE STATE.

YOU CAN PUT A MODIFICATION IN ON YOUR COMPREHENSIVE PLAN.

YOU CAN DO THAT ANY TIME YOU WANT.

GRANTED, IT'S A PAIN IN THE REAR, BUT YOU HAVE THE ABILITY TO DO THAT.

YOU CAN PUT THAT INTO THE STATE AND SEND IT UP AND GET A CORRECTION INSTEAD OF SAYING, WELL, WE'RE GOING TO HAVE TO WAIT TWO MORE YEARS TO TELL THEM WHAT WE WANT.

WHEN WE SEE THAT YOU HAVE A PROBLEM RIGHT NOW, YOU HAVE THE ABILITY TO DO THAT RIGHT NOW.

SO THAT'S OUT OUT THERE, SO WE DON'T YOU SEE SOMETHING YOU NEED CORRECTED, YOU CAN CORRECT IT RIGHT NOW.

YOU JUST HAVE TO GO TO THE STATE ITEM NUMBER TWO.

THIS WAS THE PERFECT EXAMPLE OF THAT WHEN WE BROUGHT OUT ABOUT TIME LIMITING ON.

ON MEETINGS. HOW THINGS CAN GET CARRIED AWAY, BUT IT WAS A PERFECT EXAMPLE WHEN WE SAID, WHO IS THE AGGRIEVED PERSON IN A PRESENTATION TO THE COUNCIL? URSIN RAN OUT OF TIME AND I THOUGHT THAT WAS A VERY PERTINENT PERSON AND YOU SAW WHAT HAPPENED. WE'RE GOING TO SEE THAT MORE AND MORE.

WITH WITH THE NOW I UNDERSTAND YOU HAVE TO HAVE LIMITS AND TIME LIMITS AND ALL THAT OTHER STUFF, BUT I DIDN'T SEE ANYTHING IN THERE WHICH THIS WOULD HAVE BEEN A PERFECT EXAMPLE OF A PERSON KNEW THEY WERE GOING TO GO MORE WHERE THREE MINUTE EXTENSION WHERE YOU COULD HAVE GONE TO THE FIVE MINUTE THEY COULD ASK A PRIEST TO KEEP THEIR FIVE MINUTE EXTENSIONS AND ASK FOR I DIDN'T SEE ANYTHING IN THERE.

AND THIS WAS A PERFECT EXAMPLE OF HOW THAT COULD HAVE BEEN BENEFICIAL.

SO I DON'T KNOW IF IT'S GOING TO BE BACK IN THE PLAN THERE AND HOW WE GO ABOUT DOING IT.

BECAUSE I SPEAK LOTS OF TIMES AND SOMETIMES I SPEAK FAST, BUT I AM REPEATEDLY SHORT CHANGED WHEN I'M NOT DONE WITH MY CONVERSATION.

I WANT TO KNOW, IS THERE GOING TO HAVE THAT ABILITY TO REQUEST A FIVE MINUTE TIME LIMIT BEFORE YOU HAVE TO KNOW AHEAD OF TIME IF THAT'S GOING TO BE THE CASE, HOW YOU GO ABOUT DOING IT, IF IT'S AVAILABLE.

THANK YOU VERY MUCH. THEY'RE USING ME.

[04:25:04]

AS FAR AS LIKE THE FIVE MINUTES FOR PRESENTATIONS, THAT'S NOT BUILT INTO LIKE THE PUBLIC HEARINGS WITH THE PUBLIC HEARINGS, WHETHER IT'S PUBLIC HEARING OR THE OR STANDARD OR A QUASI JUDICIAL, THE BOTH OF THEM ARE FOR SOMEONE TO REQUEST ADDITIONAL TIME, BUT IS NOT IN ADVANCE, IS AT THE MEETING.

WELL, YOU KNOW, I REALIZED THAT THEY NEEDED ADDITIONAL TIME AND THEY MAY OR MAY I HAVE ADDITIONAL TIME SO I COULD FURTHER DISCUSS X, Y, Z THAT'S BUILT IN.

BUT THERE IS NO PRESENTATION TIME BUILT INTO THE PUBLIC HEARINGS.

NOW KNOW, AND THE EXAMPLE THAT MR. BECK USED, IT JUST WASN'T APPROPRIATE.

THEY DIDN'T QUALIFY FOR THOSE 30 MINUTES BECAUSE THEY WEREN'T IN ADVERSELY AFFECTED PARTY. THEY DIDN'T QUALIFY FOR THAT SENSE.

RIGHT. AND THE ORDINANCE, AS FAR AS HOW YOU WHAT YOU NEED TO DO TO BE IN ADVERSELY AFFECTED PARTY DIDN'T CHANGE.

THERE WAS ON THOSE PROCEDURES ARE HAVE ALWAYS BEEN IN PLACE WHERE YOU HAVE TO PROVIDE IT IN WRITING AND YOU HAVE TO DETAIL HOW YOU ARE ADVERSELY AFFECTED.

SO THAT WAS ALREADY THERE.

WHAT WE DID WAS JUST CHANGE.

IF YOU HAVE THE STATUS, WE'RE GOING TO TREAT YOU AS A THE SAME WAY AS WE TREAT ANY OTHER PARTY. BUT WE DIDN'T MAKE ANY CHANGES TO THAT.

IT WOULD HAVE BEEN THE SAME AS YOU STILL WOULD HAVE BEEN CONSIDERED ADVERSELY AFFECTED PARTY BEFORE THE TIME LIMITS HAD HE NOT COMPLY WITH THE ORDINANCE REGULATIONS.

THANK YOU, MA'AM, ANY ONE ELSE THAT WISHES TO SPEAK BEFORE WE ADJOURN, ANY ADDITIONAL PUBLIC COMMENTS? WELL, HEARING AND SEEING ON THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.