Jun 17, 2021 Council Meetings - Regular

IT IS 19 HUNDRED HOURS, I'M GOING TO CALL THIS REGULAR COUNCIL MEETING, 2021, THAT'S 15 TO

[CALL TO ORDER:]

[00:00:06]

HE WILL ALSO LEAD US IN PRAYER OR DEPUTY CITY MANAGER'S HUSBAND, ADAM BROWN, WHO IS ACTUALLY GOING THROUGH EMERGENCY SURGERY.

SO I'M GOING TO PUT THAT ON YOU.

AND THE PLEDGE OF ALLEGIANCE WILL BE LED BY COUNCILMAN JEFF BAILEY.

PLEASE RISE. YOU PRAY WITH ME, PLEASE.

GOD, WE NEED YOUR WISDOM.

WHEN I ASK FOR WISDOM UPON THESE GENTLEMEN AND LADIES THAT MAKE DECISIONS FOR OUR CITY.

OBVIOUSLY, THE INNER WORKINGS OF IT, FATHER, THAT YOU WOULD JUST GRANT THEM RECALL OF KNOWLEDGE THAT YOU WOULD BRING TO THE FOREFRONT IN THEIR MINDS, HIGHLIGHT THE INFORMATION THAT IS TRUE AND JUST THAT THEY NEED TO LISTEN TO THAT NEEDS TO DIRECT THEIR DECISIONS.

FATHER, WE KNOW WHEN WE PUT YOU FIRST, THAT'S WHEN WE GET ACCESS TO WISDOM, WISDOM.

SO I, I CLAIM THAT VERSE IN PROVERBS THERE AND ASKS FOR YOU TO BE PUT FIRST.

WE KNOW WHEN THE GODLY ARE IN AUTHORITY, THE PEOPLE REJOICE.

SO WE ASK FOR NO DECISION TO BE MADE.

THAT IS NOT OF YOUR GREAT WISDOM.

WHEN I PRAY YOU WOULD HIGHLIGHT IT, YOU WOULD BRING PEOPLE FORWARD.

I PRAY FOR UNITY. I PRAY FOR CLARITY.

FOR OUR BOARD. FOR OUR COUNCIL.

AS THEY. LOOK FORWARD INTO THE BUSINESS OF OUR CITY.

I PRAY FOR THE PEOPLE THAT WILL SPEAK, THEY WILL HAVE CLARITY TO SAY THE THINGS THEY NEED TO SAY AND COMMUNICATE WELL.

AND THAT NOTHING WILL GET IN THE WAY OF THE MESSAGES THAT ARE TRYING TO BE COMMUNICATED AND THERE WOULD BE PUSHED FOR GOOD, NOT HARM.

FOR UNITY AND BETTERMENT OF OUR COMMUNITY AND CITY.

WE LIST LIFT UP MR. BROWN RIGHT NOW WHERE WE PRAY FOR THE DOCTORS THAT HAD THEIR HANDS ON HIM.

THEY WOULD BE SKILLED, THAT THEY WOULD BE WISE, THAT THEY WOULD BE SHARP, THAT THEY WOULD BE ENERGETIC, THAT THEIR EYES WOULD BE CLEAR, THAT THEIR MINDS WOULD BE CLEAR AND THEY WOULD NOTICE THINGS THAT ARE NECESSARY FOR THEM TO PROVIDE GREAT CARE FOR HIM.

WE PRAY FOR HIS HEALING.

WE PRAY FOR SUCCESSFUL SURGERY.

WE PRAY FOR PEACE OVER HIS FAMILY AND HIS WIFE.

WILL WE PRAY FOR JUST FOR EVERYONE INVOLVED IN THE SITUATION, FROM THE NURSES TO THE ATTENDANTS TO THOSE THAT WHEELED GURNEYS AROUND TO THE DOCTORS, THE SURGEONS, THOSE WHO IS WHO ASSIST THOSE WHO RUN THE ANESTHESIA, GOD, THAT YOU WOULD JUST HAVE THEM ALL ON THEIR GAME RIGHT NOW, THEIR ABILITY ABLE TO DO THE BEST THAT THEY CAN.

AND WE PRAY FOR YOUR DIVINE HAND OF HEALING ON HIM.

YOUR NAME, WE PRAY. THE UNITED STATES HAS A MEDINA.

WHICH IS WHEN I THINK I JUST RAW.

MS. JONES, ROLL CALL HERE, MEDINA DOESN'T MATTER JOHNSON HERE COUNCILMAN BAILEY COUNCILMAN FOSTER COUNCILMAN FELIX SHERMAN YOU'RE A SMITH.

THANK YOU, MISS JONES.

FIRST, BEFORE WE GO INTO ANNOUNCEMENTS, I JUST WANT TO GIVE YOU KUDOS, MS. JONES AND ROSE-MARIE FROM THE CLERK'S OFFICE FOR PROVIDING SUCH AN ELOQUENT WAY FOR US TO DISPLAY OUR NATION'S COLORS, I GUESS.

YOU KNOW, WE'RE REALLY PASSIONATE ABOUT OUR OUR NATION'S COLORS, BUT THAT THAT DEMONSTRATION OF IT BEING DISPLAYED WITH RESPECT AND HONOR IS TRULY APPRECIATED BY NOT ONLY YOUR MAYOR, BUT COUNCILMAN.

AND I'M SURE OUR CITIZENS KNOW DEPUTY MAYOR JOHNSON.

[ANNOUNCEMENTS:]

POSITION THREE VACANCIES ON THE YOUTH ADVISORY BOARD REPRESENTS AT LARGE STUDENT MEMBER POSITION. ONE VACANCY ON THE SUSTAINABILITY ADVISORY BOARD REPRESENTS THAT LARGE POSITION AND ONE TERM EXPIRING ON THE YOUTH ADVISORY BOARD REPRESENTS THAT LARGE STUDENT MEMBER POSITION. ANYONE WISHING TO SERVE ON THESE BOARDS CAN DO SO BY APPLYING ONLINE AT PALM BAY FLORIDA ORG OR CONTACT THE CITY CLERK'S OFFICE AT THREE TWO ONE NINE FIVE TWO THREE FOUR ONE FOUR. THANK YOU, DEPUTY MAYOR JOHNSON MS.

[AGENDA REVISIONS:]

YES, THANK YOU, MAYOR. THERE ARE TWO REVISIONS.

FIRST, THE BC3 FINANCIAL STATEMENTS HAVE BEEN PROVIDED FOR, ITEM NUMBER FOUR UNDER THE CONSENT AGENDA. AND SECOND, THE COMPREHENSIVE ANNUAL FINANCIAL REPORT, COMPLETION LETTER

[00:05:04]

ITEM NUMBER ONE UNDER PRESENTATIONS.

THANK YOU. THANK YOU, MADAM SMITH, ANY AGENDA REVISIONS, SIR?

[CONSENT AGENDA:]

AND THREE.

I'LL ENTERTAIN A MOTION.

MAKE A MOTION TO APPROVE THE CONSENT OF THE GENERAL WITH THE REMOVAL OF ITEMS TWO AND THREE AND THE ADDITION OF THE BC3 FINANCIAL STATEMENTS FOR ITEM 400 CONSENT AGENDA AND THE COMPREHENSIVE ANNUAL FINANCIAL REPORT, COMPLETION LETTER AND PRESENTATION BEING ADDED TO ITEM ONE UNDER PRESENTATIONS LIKE I'VE GOT A MOTION BY DEPUTY MAYOR JOHNSON SECONDED BY COUNCILWOMAN FOSTER.

IS THERE ANY FURTHER DISCUSSION? COUNCILMAN. DO YOU KNOW WHAT I'M CALLING THE QUESTIONS ALL IN FAVOR, AND HE OPPOSE PASSES UNANIMOUSLY. ITEM NUMBER TWO.

[2. Miscellaneous: North Regional Water Treatment Plant rehabilitation, Change Order 2 – Utilities Department (Eau Gallie Electric, $151,603).]

GILBERTON, 586 OCEAN SPRAY STREET SOUTHWEST.

YOU KNOW HOW I TRY TO WATCH THE DOLLARS OF THE CITY OF PALM BAY, LIKE WHEN I WENT BACK AND I TRIED TO FIND OUT HOW MUCH MONEY WE ACTUALLY PAID WAY TREM OR THE INITIAL ASSESSMENT FOR FOR THE WATER TREATMENT PLANT BECAUSE THEY WERE THE ENGINEERING FIRM FOR PRE WORK CONSTRUCTION.

AND I KNOW IT WAS A SIGNIFICANT AMOUNT OF MONEY, BUT NOW I'M LOOKING AT A HUNDRED AND FIFTY ONE THOUSAND DOLLARS ON TOP OF WHAT WE'VE ALREADY BUDGETED FOR THE WATER TREATMENT PLANT. AND THAT IN ITSELF IS BAD.

BUT WHEN YOU CONSIDER THAT WE PAID HIS FIRM ALREADY TO DO THE ENGINEERING TO LET US KNOW HOW IT WAS GOING TO BE, AND NOW WE'RE LOOKING AT ONE HUNDRED AND FIFTY ONE THOUSAND DOLLARS MORE. BUT THAT'S NOT ONLY THAT.

ALONG WITH THAT MISTAKE, WE ARE ALSO LOOKING AT 210 DAY EXTENSION ON COMPLETION OF THE PROJECT. THAT MEANS THAT WATER TREATMENT PLANTS ARE GOING TO BE DOWN FOR ANOTHER SIX, SEVEN MONTHS OF WHAT WE WERE ALREADY PLANNING BEFORE WE HAVE THE WATER TREATMENT PLANT BACK ONLINE. I DON'T KNOW IF THERE WAS ANYTHING IN THE CONTRACT, BUT WHEN WE HIRE SOMEBODY AND THEY MAKE MISTAKES LIKE THIS TO END UP COSTING THE CITY, IS THERE SOMETHING IN THEIR CONTRACT SAYS THEY'RE GOING TO MAKE UP THAT DIFFERENCE OF THAT FAILURE OF TIME AND MONEY? OR IS IT ONE MORE TIME WHEN YOU SAY, WELL, IT'S JUST LOCAL GOVERNMENT, WE DON'T CARE, TAXPAYERS ARE GLAD TO PAY THAT MONEY.

I'M NOT SURE HOW IT'S GOING TO BE, BUT I THINK WE SHOULD LOOK AT IT BECAUSE THIS COMPANY WIDE TREND HAS BEEN DOING BUSINESS WITHIN THE CITY A LOT.

THEY GET A LOT OF THE CONTRACTS THAT GO TO THEM.

IF THIS IS THE TYPE OF WORK THAT THEY'RE DOING, THEIR THEIR CONTRACT IS COMING UP FOR REVIEW. I THINK IT MIGHT BE WORTHWHILE FOR US TO LOOK AT THEIR MISTAKES ALONG WITH THEIR ACCOMPLISHMENTS, BECAUSE THEY'VE DONE BOTH.

THEY'VE HAD SOME GREAT.

GREAT PROJECTS AND FAILURES BOTH WAYS.

THE CONTRACTS ARE COMING UP FOR RENEWAL, LET'S JUST TRY TO SEE IF WE CAN KEEP IT IN SIGHT. BUT WHEN YOU'RE EXTENDING A PROJECT THIS BIG BY 210 DAYS.

THAT'S A BIG MISTAKE BECAUSE SOMEBODY SAID THERE'D BE NO PROBLEM.

THANK YOU VERY MUCH. THANK YOU.

AND IN SHERMAN.

YOU PLEASE ADDRESS THE CONCERNS YOU ALL ACTUALLY ASK OUR UTILITIES DIRECTOR, CHRIS LITTLE, TO COME UP AND COVER SOME OF THE REASONS BEHIND THE TIME EXTENSION AS WELL AS THE NEED FOR THE CHANGE ORDER COST.

THAT EVENING, SO THE FIRST THING THE PLAN IS ONLINE, WE HAVE THINGS BYPASSED WHERE IT'S FULLY FUNCTIONAL. SO IT IS ONLINE AS FAR AS THE ERROR IN THE DESIGN.

YES, THERE WAS AN ERROR MADE.

IT HAPPENS. THE PLAN IS ALL THE PLANS ARE ALL WORKING WITH THOSE PLANS, WITH THE ENGINEER. MISTAKES DO HAPPEN.

I WILL WORK WITH THE PROCUREMENT DEPARTMENT.

WE DO HAVE AN OPPORTUNITY THAT'S CALLED ERRORS AND OMISSIONS AND THE DESIGN THAT IF A CERTAIN THRESHOLD IS EXCEEDED, THAT WE COULD WORK WITH THE ENGINEER TO RECOVER SOME COSTS. I HAVE NOT GOTTEN THERE YET BECAUSE WE NEED TO MOVE FORWARD WITH GETTING THE WORK DONE. AND THE TWO HUNDRED, TEN DAYS, SOME OF IT HAS TO DO WITH DELAYS AND ACQUISITION OF PARTS AND PIECES, MATERIALS ARE HARD TO COME BY FOR CERTAIN THINGS.

AND THEY ASKED FOR THAT AND THEN THE ADDITIONAL TIME TO ACCOUNT FOR THE CHANGES THAT NEED TO BE MADE BECAUSE BASICALLY REPLACING WIRING THROUGH HALF THE PLANT.

[00:10:02]

I'LL BE BACK AND THE FINANCES OF IT.

AND I DON'T THINK WE'RE PREPARED WITH ALL THE HISTORICAL NUMBERS ON THIS.

THIS HAS BEEN GOING ON FOR A WHILE, SO WE'D HAVE TO GET BACK.

THANK YOU. YOU WANT TO.

ALSO, WHAT'S YOUR PLEASURE? MAKE A MOTION TO APPROVE THE APPROPRIATION OF FUNDS ON THE NEXT SCHEDULED BUDGET LIMIT IN THE AMOUNT OF NINE THOUSAND TWO HUNDRED EIGHT DOLLARS AND TO APPROVE THE CHANGE ORDER.

NUMBER TWO, IFB DESH 14 DASH ZERO DASH 2020 DASH OR SLASH JAYJAY IN OUR WP.

I CAN'T EVEN TALK RIGHT NOW TO GAS, ELECTRIC AND THE AMOUNT OF ONE HUNDRED FIFTY ONE THOUSAND SIX HUNDRED THREE DOLLARS AND FIFTEEN CENTS.

I'VE GOT A MOTION BY DEPUTY MAYOR JOHNSON I'M GOING TO BUY WAS IT COUNCILMAN, FELIX OR COUNCILMAN BAILEY? I DIDN'T GET THE COUNCIL MEMBER COUNCILMAN FELIX BY COUNCILMAN FELIX.

ANY FURTHER DISCUSSION? IN NONE OF THEM FAVOR ANY OPPOSE PASSES UNANIMOUSLY, ITEM NUMBER THREE, MR., GILBERTON.

[3. Resolution 2021-23, amending Resolution 2019-44, which granted final development plan approval for a portion of the mixed-use development to be known as 'Emerald Lakes Regional Activity Center', by correcting a scrivener's error to the name of the applicant.]

SMITH. THE PALM BAY JOHNSON BILL, THE BILL THAT PASSED THE BILL BACK, GILBERTON, 586 OCEAN SPRAY STREET SOUTHWEST, BEEN A LONG TIME SINCE I'VE BEEN ABLE TO ADDRESS ANYTHING WITH EMERALD LAKES BECAUSE THEY'VE BEEN MAKING SUCH GREAT PROGRESS OUT THERE.

BUT I WASN'T SURE WHAT THE DIFFERENCE BETWEEN LLC AND AN INCORPORATED IDENTITY WAS.

BUT WHEN I STARTED DOING SOME MORE RESEARCH, I FIND THAT L.L.C.

STANDS FOR LIMITED LIABILITY.

AND SO I'M JUST WONDERING, IS IT BECAUSE THAT THEY'RE STARTING TO GET WHERE THEY'RE BRINGING STUFF ONLINE, THAT THEY WANT THE LAWSUITS TO BE LESS THAN WHAT THEY WERE PRIOR? BECAUSE WHEN YOU GO BACK AND LOOK AT THE ORIGINAL AGREEMENT, THERE'S A WHOLE PAGE OF ALL THE THINGS THAT THEY'RE GETTING FROM TAX ABATEMENT OVER WAIVERS AND CHARGES AND FEES.

AND I DON'T WANT TO SEE THE ALL.

EVENTUALLY THEY'RE GOING TO SAY, WELL, WE CHANGED OUR MIND OR THEY'RE GOING TO SAY, SUE US. YOU KNOW, NOT THAT.

DOUBTING BILL THINKS THIS WAY.

THEY'RE SAYING, WELL, NOW YOU'RE GOING TO HAVE TO SUE ME ON IT BECAUSE THERE WAS A LOT OF I DON'T WANT TO SAY THIS SHADY OR NOT IN YOUR IN THE LIGHT DEALS THAT WERE BEING MADE WITH ANIMAL LEGS WHEN THEY FIRST CAME INTO BEING OF THE ST.

JOHNS HERITAGE PARKWAY, THAT ENTIRE DEVELOPMENT OUT THERE, THERE WAS A LOT OF DECISIONS THAT WERE BEING MADE WITHOUT.

DOCUMENTATION TO COINCIDE WITH IT.

SO THAT'S WHY I'M JUST A LITTLE BIT LEERY WHEN WE'RE GOING FROM AN INCORPORATED TITLE TO AN LLC TO A LIMITED LIABILITY IN THE TITLE.

I'M NOT SURE IF THAT'S WHAT IT IS.

BUT, YOU KNOW, BILL BATTEN, WHO'S ALWAYS A DOUBTING THOMAS, HE LOOKS TO SEE IF IT'S THE NEGATIVE OR THE POSITIVE AND IF CINTAS IF IT'S JUST AN ERROR IN A SIGNATURE, THAT'S EASY TO CORRECT. BUT IF IT WAS SOMETHING ELSE, I'D JUST LIKE TO BRING IT TO THE COUNCIL'S AWARENESS. THANK YOU VERY MUCH.

THANK YOU, MRS. JONES. YES, MAYOR AND COUNCIL.

THIS WAS JUST AN ITEM THAT REPRESENTATIVES FOR EMERALD INVESTMENT HOLDINGS BROUGHT TO OUR ATTENTION WHEN THEY FILED THEIR APPLICATION.

THEY HAD INCORPORATED ON THE APPLICATION VERSUS LLC AND THEY JUST ASKED US TO CORRECT IT THROUGH THE RESOLUTION. THANK YOU, MRS. JONES COUNCIL.

WHAT IS YOUR PLEASURE? MOTION TO ADOPT THE RESOLUTION CORRECTING THE NAME OF THE APPLICANT WITHIN RESOLUTION 219 DEATHS 44.

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

ANY FURTHER DISCUSSION COUNCIL? CNN, I'M CALLING THE QUESTION ALL IN FAVOR, AS IS UNANIMOUSLY, WE'RE ON THE PROCLAMATION

[PROCLAMATION:]

[00:15:08]

COME ON, ARIZONA, LET'S GO.

RAZA. NOTICE AND PROCLAMATION OF JUNETEENTH CELEBRATION, JUNE 19, 2021, IT IS HEREBY PROCLAIM BY THE MAYOR OF THE CITY OF PALM BAY, PEVAR COUNTY, FLORIDA, THAT WHEREAS ON SEPTEMBER 22ND, 1862, PRESIDENT ABRAHAM LINCOLN ISSUED THE EMANCIPATION PROCLAMATION, NOTIFYING THE STATES IN REBELLION AGAINST THE UNION THAT IF THEY DID NOT CEASE THEIR REBELLION AND RETURN TO THE UNION BY JANUARY 1ST, 1863, HE WOULD DECLARE THEIR SLAVES FOREVER FREE.

THIS PROCLAMATION WAS IGNORED BY THOSE STATES THAT SECEDE FROM THE UNION AND WERE ASKED JUNE 19TH, 1865, REFERRED TO AS JUNETEENTH, IS CONSIDERED THE DATE WHEN THE LAST SLAVES IN AMERICA WERE FREED.

AND WHEREAS JUNETEENTH IS CELEBRATED BECAUSE IT SYMBOLIZES THE END OF SLAVERY, JUNETEENTH HAS BECOME THIS TO BECOME TO SYMBOLIZE FOR MANY AFRICAN-AMERICANS WHAT THE FOURTH OF JULY SYMBOLIZES FOR AMERICANS FREEDOM.

IT SERVES AS A HISTORICAL MILESTONE, REMINDING AMERICA OF THE TRIUMPH OF THE HUMAN SPIRIT OVER THE CRUELTY OF SLAVERY, HONORING THOSE WHO SURVIVED THE INHUMANE INSTITUTION OF BONDAGE, AS WELL AS DEMONSTRATING PRIDE IN THE LEGACY OF RESISTANCE AND PERSEVERANCE.

AND WHEREAS JUNETEENTH IS NOW CELEBRATED ANNUALLY ACROSS THE UNITED STATES ON THE WEEKEND NEAR THE JUNE 19TH, AND IT'S THE OLDEST CELEBRATION ON THE END OF SLAVERY IN THE UNITED STATES. NOW, THEREFORE, I DEPUTY MAYOR JOHNSON ON BEHALF OF ROB MEDINA, MAYOR OF THE CITY OF PALM BAY BY VIRTUE OF AUTHORITY, SAID OFFICE DO HEREBY PROCLAIM JUNE 19, 20 21 AS JUNETEENTH CELEBRATION IN THE CITY OF PALM BAY, FLORIDA, AND URGED ALL CITIZENS TO BECOME MORE AWARE OF THE SIGNIFICANCE OF THIS CELEBRATION IN AFRICAN-AMERICAN HISTORY AND IN THE HERITAGE OF OUR NATION AND CITY.

OK. HOW ARE YOU GUYS DOING? IT WAS TRAYVON THOMPSON OR TRACY THOMPSON.

THIS IS THE GROUP BEHIND US RISE.

WE ARE HOSTING THE JUNETEENTH EVENT THIS YEAR, RIVERVIEW PARK IN MELBOURNE, FLORIDA, BY NAME MICHA BROWN CALLING MS..

CHERYL, GO. THIS IS MY GOOD FRIEND, CHELSEA LONG HERE.

WE'RE GOING TO HAVE A GREAT TIME.

WE KIND OF WANT TO BRING MORE AWARENESS TO THE CITY OF PALM BAY IN BROWARD COUNTY.

WE'LL BE GIVING WE'LL HAVE A LOT OF FOOD TRUCKS OUT THERE, VENDORS, YOU KNOW, LOOKING TO DONATE WATER. PLEASE FIND ONE OF US, OF COURSE, TOO.

BUT AGAIN, COME CELEBRATE WITH US ALL TOGETHER.

YOU KNOW, MEN, WOMEN, BLACK, WHITE, GREEN, BLUE.

WE'RE EXCITED TO HAVE EVERYONE OUT THERE AND AS KENNY SAID, RISE UP TOGETHER.

SURE. SO ANYONE WHO WOULD JUST LIKE TO THANK THE MAYOR AND THE COUNCIL FOR THIS WONDERFUL PROCLAMATION, IT HAS BEEN HARD WORK PUT INTO THIS ORGANIZATION AS WELL AS THE CELEBRATION. SO WE HOPE THAT WE HAVE A FEW FRIENDLY FACES OUT THERE CELEBRATING WITH US, JUST ENJOYING OUR CULTURE AND ENJOYING EACH OTHER.

I'M GOING TO SEE Y'ALL ON SATURDAY.

LOOK WHAT SHE SAID AND WE TALKED ABOUT IT DURING THE COMMISSIONERS AND OUR CHAIR MAYOR TALKED ABOUT IT DURING THE BC3 MEETING AN HOUR AGO.

BOTH THE HOUSE AND SENATE HAVE ACKNOWLEDGED, YOU KNOW, JUNE 19TH FEDERALLY AS JUNETEENTH CELEBRATION, AS A NATIONAL HOLIDAY.

SO I THINK THAT'S A BIG THING RIGHT THERE AS WELL.

SO. SO ON AND MAYOR, I WOULD LIKE FOR YOU TO JUMP IN REAL QUICK AS WE TALKED, BUT, YOU KNOW, THIS EVENT IS IN MELBOURNE, BUT MAYOR HAD SOME WORDS I'M WILLING TO SPEAK REAL QUICK. SO WHAT'S INTERESTING IS AND I GOT TO TELL YOU, A TRAY HERE, THE CITY OF PALM BAY PUT ON SEVERAL JUNETEENTH CELEBRATIONS FOR MANY YEARS, GENTLEMAN, BY THE NAME OF RICK SCOTT, WHO IS NOT.

THE SENATOR, RICK SCOTT, BUT CERTAINLY OUR LOCAL RICK SCOTT, WHO TOOK THE BATON AND DID AN OUTSTANDING JOB, AND ONE OF THE FIRST THINGS THAT I WANTED TO BRING IS BRING FAMILY EVENTS SUCH AS THESE TO ENHANCE THE QUALITY OF LIFE IN OUR IN OUR COMMUNITY.

AND MORE OVER THAN THAT, INSTILL FAMILY VALUES AS WE ALL SHARE A COMMON GOAL OF GETTING TO KNOW ONE ANOTHER. AND I HAVE SHARED THAT WITH MADAM SHERMAN, THAT PERHAPS THE CITY OF PALM BAY SHOULD BE CELEBRATING JUNETEENTH.

I REALIZE THAT RISE IS IN MELBOURNE, BUT THIS IS THE CITY OF PALM BAY AND WE WANT TO HAVE A CELEBRATION OF JUNETEENTH AS WELL.

AND I'VE BROUGHT THAT UP.

AND THANK YOU, DEPUTY MAYOR JOHNSON.

I APPRECIATE THE WORK THAT YOU DO WOULD RISE IN CELEBRATING AND BRINGING THAT AWARENESS.

BUT WHAT I AM EVEN MORE OVERWHELMED WITH TODAY IS AS A LITTLE BOY, RICK SCOTT WAS ABLE TO

[00:20:08]

AND LOOK AT YOU TODAY, WHERE YOU PASSING ON THE BATON TO OUR YOUTH AND THOSE THAT COME AFTER YOU. SO THAT'S WHAT'S IMPORTANT AS WE CELEBRATE JUNETEENTH IS THE HISTORY AND HOW WE WORK TOGETHER AS A COMMUNITY.

SO I COMMEND YOU TODAY BECAUSE YOU'RE PASSING THAT BATON ON.

AND THANK YOU, MS. BROWN, FOR ORGANIZING THIS AS THE FOUNDER OF RI'S.

SO THANK YOU.

I'M GONNA STAND BY, CHRISTINA.

AND. THANK YOU.

[PRESENTATION:]

YES, WE HAVE WITH US TONIGHT REPRESENTATIVES FROM OUR AUDITORS, MOORE, STEVENS LOVELY'S.

THEY'RE GOING TO GIVE YOU A BRIEF OVERVIEW OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT WHICH WAS SENT OUT TO EVERYONE.

SO YOU SHOULD HAVE RECEIVED THAT AND I'LL TURN OVER.

WELL, GOOD EVENING, MAYOR COUNCIL, IT'S A PLEASURE TO BE HERE.

MY NAME IS JOEL KNAPP AND I'M A SHAREHOLDER WITH MSL AND WE RECENTLY COMPLETED THE AUDIT FOR THE FISCAL YEAR. AND IT'S SEPTEMBER 30, 2020.

SO WE ARE LOOKING BACK ABOUT NINE MONTHS NOW.

BUT I WANTED TO GIVE THE HIGHLIGHTS OF THE AUDIT AS WELL AS GO OVER SOME OF OUR REQUIRED COMMUNICATIONS. SO FIRST OFF, THERE WAS A SEPARATE LETTER PROVIDED THAT JUST WENT THROUGH SOME OF OUR REQUIRED COMMUNICATIONS UNDER OUR PROFESSIONAL STANDARDS.

BUT IT'S REALLY PRETTY GENERIC OR BOILERPLATE LANGUAGE, BASICALLY OUTLINING THE RESPONSIBILITIES THAT WE HAVE AS AUDITORS TO AUDIT UNDER GENERALLY ACCEPTED AUDIT STANDARDS, AS WELL AS GOVERNMENT AUDIT STANDARDS AND THEN MANAGEMENT'S RESPONSIBILITY, WHICH IS TO REPAIR AND TAKE RESPONSIBILITY FOR THE FINANCIAL STATEMENTS, AS WELL AS THE MAINTENANCE AND DESIGN OF INTERNAL CONTROLS TO END WITH A FINANCIAL STATEMENT OR FINANCIAL DOCUMENT WHERE THE NUMBERS ARE PRESENT IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.

ALSO, IF THERE WERE ANY SIGNIFICANT MATTERS, DISAGREEMENTS WITH MANAGEMENT, WE WOULD COMMUNICATE THOSE. BUT WE GOT COOPERATION FROM STAFF TO COMPLETE THE AUDIT, TO PROVIDE ALL THE INFORMATION WE REQUESTED.

SO WE APPRECIATE THAT.

ALSO, WE REQUESTED REPRESENTATIONS FROM MANAGEMENT AS IT RELATES TO THE BASICALLY CONFIRMATION THAT THEY'VE PROVIDED US WITH THE INFORMATION WE'VE REQUESTED.

THEY DIDN'T WITHHOLD ANY INFORMATION AS IT RELATES TO THE AUDIT.

OF A FEW PAGES WITHIN THE REPORT, I WANT TO POINT YOU TO THE FIRST BEING OUR AUDIT REPORT ON THE FINANCIAL STATEMENTS, THE OPINION THAT WE ISSUE IS FOUND IN THIS REPORT.

AND IT WAS UNMODIFIED, WHICH MEANS THAT THE FINANCIAL STATEMENTS ARE PRESENTED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES BASED OFF OF OUR TESTING AND PROCEDURES. ALSO, YOU'LL FIND THAT THE BACK OF THE DOCUMENT, SEVERAL REPORTS ON COMPLIANCE. THE FIRST ONE IS THE WHAT'S CALLED THE GOVERNMENT AUDIT STANDARDS REPORT, OR YELLOW BOOK REPORT, THAT CONSIDERS THE INTERNAL CONTROLS THAT THE CITY HAS OVER ITS FINANCIAL REPORTING AS WELL AS COMPLIANCE THAT COULD IMPACT THE FINANCIAL STATEMENTS.

AND THERE WERE NO NO FINDINGS TO DISCLOSE THERE, NO SIGNIFICANT DEFICIENCIES OR MATERIAL WEAKNESSES RELATED TO THE FINANCIAL REPORTING PROCESS.

WE ALSO LOOKED AT THE MAJOR GRANTS OF THE CITY AND SPECIFICALLY ON THE FEDERAL SIDE, THE CHEBEAGUE GRANT, AND THERE WERE TWO FINDINGS THAT WE NOTED UNDER THIS GRANT, BOTH OF THEM WERE A CARRYOVER FROM THE PRIOR YEARS AS THE CITY WAS CLEANING UP ITS DOCUMENTATION SPECIFICALLY OVER A PAYROLL DOCUMENTATION.

SO WE HAD MADE RECOMMENDATIONS ON MAKING SURE THAT THERE'S TIMELY REVIEW AND DOCUMENTATION

[00:25:03]

AND THEN LASTLY, THERE'S TWO AUDITOR GENERAL REQUIRED REPORTS, THE MANAGEMENT LETTER, AS WELL AS THE INDEPENDENT COUNSEL REPORT, WHICH ADDRESSES INVESTMENT COMPLIANCE, AND THERE WERE NO FINDINGS TO REPORT UNDER THOSE DOCUMENTS WHILE I'M SPEAKING ON THE AUDITOR GENERAL REQUIREMENTS.

I DO WANT TO ALSO POINT TO THE BAYFRONT COMMUNITY REDEVELOPMENT AGENCY, BECAUSE THAT SEPARATE AUDIT REPORT FOR FISCAL YEAR 20 WAS ALSO A RESULT OF AUDITOR GENERAL REQUIREMENTS. THE THE CIA HAS ALWAYS BEEN INCLUDED IN THE CITY'S FINANCIAL STATEMENTS, AND WE'VE REPORTED ON IT AS A MAJOR FUND OF THE CITY.

SO IT HAS BEEN AUDITED.

BUT THIS YEAR WAS THE FIRST YEAR WHERE IT WAS REQUIRED TO HAVE A STAND ALONE FINANCIAL STATEMENTS. SO THE SAME EFFECTIVELY THE SAME INFORMATION IS PRESENTED.

IT'S JUST BROKEN OUT AS A STAND ALONE REPORT.

AND SO THAT'S WHAT'S REFERENCED THROUGH THE SEPARATE AUDIT, THEIR.

OF A FEW FINANCIAL HIGHLIGHTS KNOW, OF COURSE, WITH THE PANDEMIC HITTING IN MARCH OF TWENTY TWENTY HALFWAY THROUGH THE FISCAL YEAR, IT WAS DEFINITELY CONCERNING AS TO WHAT THAT IMPACT COULD BE ON THE CITY'S FINANCIAL STATEMENTS FOR FISCAL YEAR 20.

THERE WAS DEFINITELY TALKS, YOU KNOW, STATEWIDE AND NATIONWIDE AS TO WHETHER THERE WOULD BE GOVERNMENTS, YOU KNOW, IN THE POSITION OF HAVING GOING CONCERNS OR, YOU KNOW, ABILITIES TO PAY THEIR BILLS.

AND YOU KNOW WHAT THE IMPACT WOULD BE.

FORTUNATELY, AS THINGS PLAYED OUT, REALLY, THE MAIN REVENUE STREAMS IMPACTED WERE CHARGES FOR SERVICES, FOR PARKS AND REC TYPE SERVICES, THINGS, AS WELL AS SHARED REVENUES AT THE STATE LEVEL. SO SOME OF THE CORE SALES TAX DOLLARS SUFFERED.

AND SO YOU'LL SEE THAT AND THE THE REVENUES THERE IS A SLIGHT DECLINE OR IT'S UNDER BUDGET FOR FISCAL YEAR 20.

THE CITY, OF COURSE, MADE STEPS TO ENSURE THAT THE EXPENDITURES WERE UNDER CONTROL WHEN THEY WHEN YOU SAW THAT THERE WAS UNCERTAINTY IN THE REVENUES.

AND SO THERE WERE DEFINITELY EFFORTS MADE TO KEEP COSTS IN LINE WITH THAT REVENUE DECLINE. SO AT THE END OF THE DAY, AND IT WASN'T UNIQUE TO PALM BAY, BUT WE SAW A LOT OF CITIES END IN A VERY ON A VERY POSITIVE NOTE FROM A FINANCIAL PERSPECTIVE, AND THAT THEY CONTROL THEIR COSTS.

AND THEN THAT COMBINED WITH ADDITIONAL FEDERAL STIMULUS FUNDING, REALLY THERE THERE WAS NOT ANY SIGNIFICANT DECLINE.

AND IN FACT, MOST CITIES ENDED UP IN THE BLACK FOR THE FISCAL YEAR.

SO YOU'LL SEE THAT AS WELL FOR PALM BAY.

SEE IF I CAN. THIS LITTLE BUTTON HERE.

SO THE VERY BOTTOM NUMBER THERE, THE CHANGE IN THAT POSITION IS THE 15 MILLION FOR GOVERNMENTAL ACTIVITIES.

AND IF YOU MOVE OVER TO THE BUSINESS SIDE TYPE ACTIVITIES OF TWENTY ONE POINT SIX MILLION POSITIVE NUMBERS, SO POSITIVE RESULTS.

AND THESE THESE THESE PARTICULAR TABLES HERE ARE LOOKING AT THE FOUR CRUEL STATEMENTS OF THE CITY. SO LOOKING AT THE LONG TERM ASSETS, WHICH INCLUDE CAPITAL, ASSETS AND INFRASTRUCTURE, AS WELL AS THE LONG TERM LIABILITIES WHICH INCLUDE THE PENSION AND OPM OBLIGATIONS OF THE CITY, SO IS POSITIVE RESULTS.

YOU DO SEE A NEGATIVE UNRESTRICTED NUMBER AND THE GOVERNMENTAL ACTIVITIES WITH THE BACK ON HERE. THIS FIFTY SIX POINT FIVE MILLION, IT WAS FIFTY NINE POINT THREE MILLION IN TWENTY NINETEEN, THAT IS PRIMARILY A RESULT OF THE PENSION OBLIGATION OR PENSION LIABILITY OF THE CITY.

SO THAT'S SHOWING A SLIGHT IMPROVEMENT, BUT STILL SOMETHING THAT YOU WANT TO SEE THE CITY WORK TOWARDS REDUCING AS YOU MOVE FORWARD.

THE GENERAL FUND IS PRESENTED HERE AS THE MAJOR OPERATING FUND OF THE CITY.

POSITIVE RESULTS HERE AS WELL.

THE NET CHANGE IN FUND BALANCE WAS A POSITIVE FIVE POINT FOUR MILLION AND THE UNASSIGNED FUND BALANCE AS A PERCENTAGE OF EXPENDITURES WAS THIRTY TWO POINT EIGHT PERCENT, WHICH IS ALSO A VERY HEALTHY, UNASSIGNED FUND BALANCE AMOUNT.

GENERALLY, YOU WANT TO SEE THAT AT AT AT LEAST A THREE MONTH LEVEL, ESPECIALLY HERE IN FLORIDA, WITH THE POTENTIAL OF OF HURRICANES.

AND SO THAT'S THAT'S A VERY HEALTHY AMOUNT AS WELL.

AS I MENTIONED, THE BUDGET, YOU SAW A DECLINE IN REVENUES COMPARED TO WHAT WAS PROJECTED

[00:30:06]

OPERATING INCOME WAS STILL POSITIVE, NINE POINT FOUR MILLION AND AN OVERALL POSITIVE CHANGE IN THAT POSITION AS WELL.

SO WITH THAT, I WILL OPEN IT TO ANY QUESTIONS YOU MAY HAVE.

BUT I'D LIKE TO EXTEND MY APPRECIATION TO CITY STAFF FOR THEIR COOPERATION AGAIN AND THE THE HARD WORK THEY PUT INTO PREPARING THIS DOCUMENT.

THANK YOU, DEPUTY MAYOR JOHNSON.

I JUST WANT TO SHARE THE SAME REGARDS WANT I WANT TO THANK YOU FOR DOING SUCH A THOROUGH JOB. YOU KNOW, THIS ISN'T YOUR FIRST RODEO, BUT DEFINITELY KUDOS TO OUR STAFF, OUR FINANCE DEPARTMENT.

I KNOW MS.. EVEN MCDONALD'S IS NO LONGER WITH US, BUT SHE DEFINITELY HAD A KEY PART IN IT. AND, YOU KNOW, AND PAVING THE WAY FOR OUR CURRENT FINANCE DIRECTOR AS WELL.

SO THANK YOU. THANK YOU AGAIN.

ALSO. ANY ANY QUESTIONS? THANK YOU. EVERY MAJOR JOHNSON MAKE A MOTION TO APPROVE THE FISCAL YEAR SPEAKER.

ALL I MAKE A MOTION TO APPROVE THE FISCAL YEAR, NINETEEN TWENTY, EIGHTEEN, TWENTY TWENTY A REPORT AND TO MOVE FORWARD THE REPORT TO THE AUDITOR GENERAL.

A MOTION BY DEPUTY MAYOR.

IN A SECOND BY COUNCILMAN FELIX ANY FURTHER DISCUSSION COUNCILMAN? ON THE QUESTION ALL IN FAVOR, I GUESS, IS UNANIMOUSLY, WE'RE ON TO PUBLIC COMMENTS, MR.

[PUBLIC COMMENTS/RESPONSES:]

I'VE BEEN WATCHING THE WORK THE CITY IS DOING OUT THERE NOW, I'M VERY IMPRESSED WHEN I SUGGEST THAT EVEN THOUGH I DIDN'T WANT TO SEE IT, BECAUSE IT'S RIGHT NEXT TO ME WHEN I SUGGESTED THAT THAT WAS A YEAR AGO, THAT IT WAS A SMART MOVE TO CONNECT NORTH TO SOUTH ALL THE WAY DOWN TO. OFF OF MADAM.

BUT THAT IS IN PROGRESS NOW.

I'M VERY HAPPY TO SEE THAT, BUT IT GENERATES A COUPLE OF QUESTIONS.

ONE IS THAT I ASKED HOW IT WAS GOING TO BE FUNDED AND I WAS INFORMED IT IS GOING TO BE FUNDED UNDER THE TIFE FUNDS.

WELL, WHEN THEY SAID BECAUSE IT'S NOT A ROAD, IT'S THE SAME AMOUNT OF ROAD AS WHAT I HAD ON GAYNER WHEN I WAS TRYING TO GET GAYNER ROAD PAVED, THEY SAID THEY COULDN'T USE TIF FUNDS ON, SO WE HAD TO USE THE GO ROAD NOW.

BUT I'M SAYING THAT'S THAT, THAT'S WHAT'S GOING TO HAPPEN.

BUT I'M JUST CURIOUS AS TO HOW WE HAVE ANY ROUGH IDEA OF WHAT GARVIE ROAD IS GOING TO COST. A ROUGH ESTIMATE ON THAT ONE.

THE NEXT QUESTION WAS, WHEN IS WHEN IS IT GOING TO BE STARTED, IF WE HAVE ANY IDEA WITH THAT ONE? BECAUSE I DO THE SEE THE SURVEY COMING AND ALL OF THAT, I SEE THAT HAPPENING NOW. AND WERE THEY ABLE TO PURCHASE THE ONE LINE THAT WAS PREVENTING THE THE CONSTRUCTION OF THE ROAD ONE PERSON WASN'T SELLING, SO THAT COULD NOT COMPLETE COMPLETE AT ALL.

JUST CURIOUS IF THAT HAS BEEN IF THAT HAS BEEN ACCOMPLISHED.

AND WAS THAT LOT PURCHASED OUT OF TIF FUNDING OR OUT OF GENERAL FUND OR HOWEVER, WHERE WAS THE FUNDING SOURCE FOR THAT? AND I KNOW YOU MIGHT NOT BE ABLE TO TELL ME BECAUSE IT MIGHT BE PRIVATE.

WHAT WAS THE SALE AND COST OF THAT INDIVIDUAL LOT? AND THE LAST QUESTION IS IT RUNS PARALLEL TO CANAL 13.

IS ALL THE WORK GOING TO BE DONE ON THE WEST SIDE OF CANAL 13 AS IT PERTAINS TO THE CONSTRUCTION OF GARVIE ROAD? IF I GET THOSE QUESTIONS ANSWERED, I WOULD BE A HAPPY CAMPER.

THANK YOU VERY MUCH. THANK YOU.

AND WE ANSWER THOSE QUESTIONS BEFORE WE MOVE ON TO THE NEXT SPEAKER, ACTUALLY, UNFORTUNATELY, MY ANSWER IS GOING TO BE I'LL HAVE TO RESEARCH ALL THOSE ITEMS AND GET BACK TO YOU. I'M I'M NOT THAT UP TO SPEED ON THAT PROJECT.

SO I'LL RETURN WITH AN UPDATE NEXT COUNCIL MEETING THAT WORKS FOR EVERYBODY.

THANK YOU NEXT WEEK, RICHARD HARTMAN.

YES, SIR. OH.

HELLO, I'M FREDRICKA ANDREW HARTMAN AT 1797 GLENWOOD STREET, I'M HERE FOR THE LAST TIME I CAME IS BECAUSE OF SEVENTEEN NINETY EIGHT, YOU KNOW, BECAUSE OF ALL THE TRASH IN THE YARD. YOU KNOW, IT'S JUST LIKE, YOU KNOW, WE'RE JUST WE'RE ALL IN ALL, YOU KNOW WHAT I

[00:35:03]

YOU KNOW, WE JUST HEAR CODE COMPLIANCE SAY THIS, SAY THAT AND YOU KNOW, WE'RE JUST, YOU KNOW, I'M JUST, I'M OVER IT.

YOU KNOW, YOUR HOUSE IS SUPPOSED TO BE YOUR SANCTUARY, YOU KNOW, YOUR PLACE OF, YOU KNOW, HEY, YOU KNOW, I WORK.

SO I YOU KNOW, YOU LEAVE AND IT JUST IT'S JUST DEPRESSING BECAUSE I'M RIGHT ACROSS THE STREET AND I DON'T KNOW.

I JUST WANTED TO HEAR WHAT YOU GUYS HAD TO SAY THAT HEARD THIS MEETING WAS ABOUT, UM.

BUT, YOU KNOW, I GUESS MAYBE NOT.

I GUESS I DON'T KNOW OTHER THAN THAT I'M DONE.

THANK YOU, 1798 GLENWOOD, YEAH.

THANK YOU. MR. ORTIZ FOLLOWED UP BY RON WILLIAMS. YES, MY NAME IS SAM DROUGHTY AND I LIVE RIGHT ON.

RIGHT NEXT TO THE GUY THAT GOT DRUNK, THAT STUPID AND NOTHING'S GOING TO BE DONE TODAY BECAUSE WE WERE HERE LAST TIME, I TOOK THIS GUY TO THE TO THE COURT SIX TIME AND THE JUDGE DID NOT, OK? AND THEN HE TRIED TO MEET WITH SOMEBODY THAT HE WOULD NOT KILL ME, WHICH I'M NOT AFRAID.

AND I TOOK HIM TO THE COURT.

THE D.A. GOT SOMETHING AGAINST HIM.

THE D.A. DID NOTHING BECAUSE THE LONGER THE GUY DIDN'T WANT TO TESTIFY.

BUT THE THING IS, I GOT THIS PAPER.

I'M GOING TO LIVE HERE. WHEN YOU GET YOU CAN LOOK AT IT.

I PRINTED OFF ON FACEBOOK.

NOW IT'S MAKING THINGS SO RIGHT FOR ME AND FOR MY FAMILY FOR.

OK, YOU GOT TO TALKING THAT UNDERPIN ALL THE DRUGS AND THIS WHOLE DRUG IN THE LADY NEXT DOOR SHOULD BE IN THE HOUSE AND EVERYTHING.

HE TALKED ABOUT THE POLICEMAN, ABOUT EVERYBODY.

NOW THE THING IS THAT I MARRIED A FILIPINO LADY IN CHICAGO.

WE HAD TO HAVE A BETTER LIFE IN ARIZONA BACK TO THE CITY BECAUSE SHE COULDN'T TAKE THAT.

NO. YOU KNOW, I THINK DUMPING ON MY DAUGHTER, YOU'RE NOT GOING TO DO NOTHING.

THE GUY WITH THE CHICKEN IS A COW IRRITANT, APPROACHING EVERYTHING AND ENDING A PORTION.

IT'S GOING TO HAVE YOU KNOW, I TAKE LT WENT TO COURT, I TALKED TO THE JUDGE, SAID, PLEASE, YOU GOT TO DO SOMETHING LIKE, I DON'T WANT TO LOSE.

MY FRIEND AND I RETIRE AFTER A YEAR.

I GOT A NICE HOUSE.

I DID MY SERVICE IN THE ARMY AND I JUST WANT TO LIVE MY LIFE AND I'M UNDER MEDICATION RIGHT NOW FOR YEARS TO GET TREATMENT.

EVERY UNCOUNTED THING.

AND MY MENTOR, MY MENTOR THAT FROM V.A.

GIVE ME A LETTER TO GIVE IT TO THE JUDGE.

AND THE JUDGE DID NOT THINK I'VE BEEN THE RIGHT TIME, WHICH I'M NOT GOING HOME, BUT I'M HERE TO STAY AND I DON'T CARE.

I GET IN TROUBLE. I HAD IT WITH THIS GUY HE TRICKED INTO POLICE.

LADIES, I'M GOING TO KILL YOU.

I TOOK THE LADY. DON'T YOU GET ARRESTED? NOT BECAUSE YOU DON'T GOT A GUN.

YOU KNOW YOU CAN DO THAT. WELL, I'M THREATENING HIM AND HE COULDN'T LOOK, I COME OUT OF MY HOUSE, I'M OK.

I'M TAKING MEDICATION.

THEN YOU HIT THE ECONOMY AND THEN YOU GOT TO SEE THE BIG SELLING DRUGS FOR SALE IN MY HOUSE. THEN MY SON FROM CONNECTICUT, SON, THE ONE THAT COME UP WITH YOUR CLOCK.

AND I HAD TO BEG MY SON TO COME HOME BECAUSE I KNOW MY SON.

I HAD IT. I DON'T WANT THIS GUY TO STOP.

I MEAN, I THOUGHT, YOU KNOW, I HAD TO SPEND THIRTY FIVE HUNDRED DOLLARS TO PUT A FENCE IN THE FRONT MR. YOU ONLY GOT TO FULFILL THAT FIFTEEN HUNDRED AND BACK.

SO I COULD NOT SEE NOTHING.

NOTHING. NOW MY WIFE, SHE GOT A NICE GARDEN.

NO, DON'T YOU DESTROY EVERYTHING BECAUSE SOMEHOW THAT CHEMICAL THAT HE GOT IS GOING TO COME OVER. LET ME TELL YOU SOMETHING, MY FRIEND.

THERE'S GOING TO BE OUTRAGE AND CONFESSION IN ENGLAND.

THREE, I COULD TELL BECAUSE.

THE GUY PUTTING UP AND WHEN YOU BRING THAT THING BETWEEN THE BETWEEN AND I KNOW HE HAD HE MADE A HOLE AND I WENT TO THE CON AND YOU GO AND RIGHT THERE I TOOK A VIDEO AND I TOOK A PICTURE THAT THEY HAD ABOUT THOUSAND LITTLE FISH.

AND THEY ARE MY SCARUM AND EVERYTHING.

I KNOW WHEN I WAS IN VIETNAM, I SPENT THE DAY WITH MALARIA AND EVERYTHING ABOUT MALARIA, AND MY WEIGHT WAS A LITTLE GIRL.

I NEVER, YOU KNOW, WHEN NOTHING IS GOING TO BE DOWN HERE.

BUT I'M TELLING YOU, I'M NOT THAT GUY.

I DON'T CARE. I'M 75 YEARS OLD AND I DON'T THANK YOU.

OK, YEAH. MR. TERESE. DID YOU WANT TO BRING THAT UP TO THE MAYOR OR.

YEAH. AND THIS IS WHAT I FEEL.

TAKE YOUR TIME.

YOUR TIME IS UP SIR.

YEAH. OK, YOU KNOW, I DON'T CARE WHAT HAPPENS TO ME ANY MORE.

TERESE MR. RON WILLIAMS. I THINK MY NEIGHBORS KIND OF.

HAVE EXPRESSED THEIR RIGHTEOUS INDIGNATION ABOUT THE SITUATION I'VE.

ATTEMPTED TO CONTACT THE PEOPLE ON THE COUNCIL HERE, THE CITY MANAGER'S OFFICE AND THE

[00:40:06]

THE CITY ATTORNEY AND SIMPLE QUESTION I'M ASKING IS THAT WHEN I READ THE ORDINANCE, NINETY THREE POINT FOUR.

IN A THREE SIX AND A THREE POINT EIGHT SEEMS FAIRLY CLEAR WITH THE DUTIES OF THE CITY MANAGER ARE WHEN IT COMES TO THE SITUATION THAT ALL MY NEIGHBORS ARE EXPRESSING HERE, THAT WE HAVE A SITUATION THAT'S BEEN GOING ON FOR YEARS, NOT MONTHS, BUT YEARS A.

MY UNDERSTANDING THAT THE CODE ENFORCEMENT, AS YOU KNOW, LEANS AGAINST HIS PROPERTY NOW AT THE RATE THAT'S TYPICAL, IF YOU HAVE LIENS AGAINST YOUR PROPERTY OR IN VIOLATION OF CODE FOR THAT AMOUNT OF TIME.

I THINK THE CITY OF PALM BAY NOW OWNS HIS PROPERTY.

SO I WOULD LIKE TO KNOW WHAT WOULD IT TAKE TO GET THE CITY TO HAVE THE, YOU KNOW, THE THE CITY MANAGER DO THEIR JOB? OK, I ASKED THE QUESTION.

WHY ARE OUR CODES ILLEGAL? BECAUSE I WAS TOLD THAT THEY CAN'T FOR SEVERAL REASONS TO START OFF WITH BECAUSE HE'S OCCUPYING THE HOME.

BUT THE CODES CLEARLY STATE, YOU KNOW, EVERY POSSIBLE OCCUPANCY OF THE HOME, WHETHER IT'S RENTED OR WHATEVER, AND IT KIND OF MIGRATED OVER TO O WITH ITS HOMESTEAD EXEMPTION.

AND THEN THAT GETS SWITCHED OVER TO THE CITY ATTORNEY WHERE I GOT ANOTHER LACKLUSTER ANSWER THAT, OH, WE CAN ONLY DO SOMETHING IF IT'S A HEALTH VIOLATION, ENVIRONMENTAL VIOLATION OR SAFETY THINKING.

IF YOU SAW SOME OF THE PICTURES THAT I HAVE SUBMITTED ALONG WITH THIS COMPLAINT, THAT IT'S ALL OF THOSE THINGS. ALL OF OUR PROPERTIES BACK UP TO A CANAL.

YOU HAVE WASTE APPLIANCES, ALL MANNER OF AIR CONDITIONING, MICROWAVES, BUT ALL OF THE INDUSTRIAL CHEMICALS THAT ARE USED TO MANUFACTURE THOSE SITTING THERE ON THAT PIECE OF PROPERTY DETERIORATING AND FLOWING DIRECTLY INTO THE CANAL, WHICH BASICALLY GOES INTO THE INDIAN RIVER LAGOON. MY WIFE IS TRYING TO SELL THIS PROPERTY, AND WE'VE HAD OVER 100 PEOPLE LOOK AT THE PROPERTY.

SO. PRICED RIGHT.

IT'S APPEALING UNTIL YOU SEE OUR NEIGHBOR.

RIGHT NOW, THIS GUY HAS SEVERAL HUNDRED THOUSAND DOLLARS AROUND MONEY.

JUST. I'D LIKE TO KNOW WHAT OUR CITY GOVERNMENT PLANS ON DOING ABOUT IT.

THANK YOU. YOU.

AND I'M SHERMAN. I'M SURE.

ADAM SMITH WILL WEIGH IN AS WELL.

YEAH, I'LL START AND THEN I'LL TURN OVER TO TO THE CITY ATTORNEY.

YEAH, THIS IS A VERY DIFFICULT SITUATION.

EVERYTHING THEY SAID IS TRUE.

I MEAN, WE'VE BEEN OUT THERE, MULTIPLE STAFF MEMBERS.

WE ACTUALLY HAVE HAD A NUMBER OF LAW ENFORCEMENT ENCOUNTERS OUT THERE AS WELL.

I KNOW YOU ALL HAVE BEEN CONTACTED OVER THE YEARS AND IT IS A COMPLETE AND TREMENDOUS EYESORE. THE CITY CODE DOES INDEED SAY THE CITY MANAGER SHOULD BE ABLE TO EXERT SOME SORT OF INFLUENCE ON THE SITUATION.

BUT TO DATE, AS FAR AS I UNDERSTAND MY ABILITY, I HAVE NOT BEEN ABLE TO MOVE ANYWHERE BEYOND THE CODE AND PROCESS.

AND THE CODE LEANS ON THIS PROPERTY.

BUT I'LL DEFER TO PATRICIA FOR DISCUSSION OF WHERE WE'VE BEEN AT LEGALLY AND IF THERE'S ANY PLACE WE CAN GO FROM HERE.

AS FAR AS THE CODE ENFORCEMENT PROCESS, THE CODE ENFORCEMENT PROCESS HAS LIMITATIONS, MAINLY BECAUSE THIS IS A HOMESTEAD PROPERTY.

YES, WE HAVE LIENS AND THEY WILL CONTINUE TO ACCRUE.

BUT THE CONSTITUTION ONLY PROVIDES YOU REALLY THREE BASES FOR WHICH, YOU KNOW, YOU CAN OVERCOME HOMESTEAD.

AND A MUNICIPAL KOTLIN IS ONE OF THEM.

SO WE WE CAN'T FORECLOSE UPON THE KOTLIN AND TAKE THE PROPERTY.

WHAT WE WOULD HAVE TO DO AND WHICH IS WHAT I'VE TALKED WITH STAFF AND ACTUALLY SIGNED TWO OF MY ATTORNEYS TO WORK WITH STAFF, THEY'VE HAD A MEETING AND I THINK THERE WERE ADDITIONAL INFORMATION THAT NEEDED TO BE PROVIDED.

IS THE OPTION THAT WE HAVE WOULD BE TO SEEK A MANDATORY AND PROHIBITIVE INJUNCTION.

ESSENTIALLY, WHAT THE CITY WOULD BE DOING IS FILING, SAYING THAT THIS PROPERTY IS A PUBLIC NUISANCE.

BECAUSE WE DON'T HAVE A REMEDY AT LAW, ESSENTIALLY, WE CAN'T GO IN.

FORECLOSE ON A PROPERTY, SO WE HAVE TO SEEK AN EQUITABLE REMEDY, WHICH WOULD BE THE MANDATORY INJUNCTION, WHICH WOULD ALLOW IF GRANAT WOULD ALLOW US TO GO ON TO THE

[00:45:01]

WE DON'T HAVE THE ABILITY TO DO THAT.

IF WE WERE GRANTED A MANDATORY INJUNCTION, THAT WOULD ALLOW US TO GO ON.

TO THE PROPERTY TO ABATE THE NUISANCE OR THE JUDGE COULD ORDER THAT THE PERSON ABATE THE NOOSES WITHIN A CERTAIN PERIOD OF TIME AND HAVE THAT PERSON NOT ABATE THE NUISANCE THAT WOULD BE A VIOLATION OF THE ORDER AND COULD SEEK CONTEMPT IS HANDLED A COUPLE OF DIFFERENT MANNERS, BUT.

THERE IS NO WAY, EVEN THOUGH THERE ARE AT LEAST ACCRUING WE AND WE CAN A CREW AND A CREW AND A CREW BUT ECHOED, UNFORTUNATELY, WE CAN'T TAKE THE PROPERTY.

AND THE PROPERTY ISN'T THE CITY'S.

AND SO THE ATTORNEYS HAVE BEEN WORKING AT LEAST HAD A MEETING WITH CODE ENFORCEMENT AND SOME OTHERS AND TO GET ADDITIONAL INFORMATION, BUT AS FAR AS THE CITY JUST MIGHT BE, AS FAR AS THE CITY DOING THE PUBLIC NUISANCE, AND ALSO THEY, TOO, HAVE THE OPTION OF DOING A PUBLIC NUISANCE AS WELL.

BUT THAT'S PRETTY MUCH THE HORSE IS DOING TO GET AN INJUNCTION PROCEEDING, WHETHER IS THE CITY DOING IT OR THE INDIVIDUAL OR COLLECTIVELY THE NEIGHBORS.

SO WHAT ABOUT.

THE LEAKAGE OF CHEMICALS INTO THE GROUNDWATER, IS THERE ANY TRUTH TO THAT? AND WE LEGALLY SEE HOW WE COULD ABATE THAT PROCESS IF THAT IS ACTUALLY OCCURRING.

THE ABATEMENT OF THE PROCESS, ANY TYPE OF ACTUALLY NUISANCE WOULD BE THE SAME IF THEY'RE CERTAINLY WE HAD OUR STAFF HAD EVIDENCE OF THAT, WE COULD WE WOULD DO THE SAME PROCESS, WHICH WOULD BE TO SEEK A COURT ORDER BECAUSE WE CAN'T JUST GO ONTO THE PROPERTY WITHOUT ORDER OF THE COURT. WHATEVER TYPE OF NUISANCE IT IS, IT WOULD INVOLVE US BEING ABLE TO GET SOME AUTHORITY TO BE ABLE TO GO ON TO THE PERSON'S PROPERTY WITHOUT THEIR CONSENT AND TO REMOVE ITEMS. ALSO, I HAVE TO SAY, THIS HAS BEEN GOING ON FOR YEARS, AND THIS IS NOT ONLY A DETRIMENT TO THE COMMUNITY, BUT TO THE MENTAL HEALTH OF OUR OUR CITY AND OUR NEIGHBORS.

GO AHEAD, COUNCILMAN BAILEY.

I'M JUST CURIOUS, MS., HAS THIS BEEN SUCCESSFULLY USED PREVIOUSLY IN THE CITY OR LOCALLY? I SHOULD SAY? I DON'T KNOW IF IT'S BEING USED HERE IN.

AS FAR AS PALM BAY, BUT IT'S BEEN USED, I KNOW SARASOTA COUNTY HAS USED IT, I BELIEVE, OR ST. LUCIE USED IT AS WELL.

IT'S. NOT SOMETHING THAT IS PERVASIVE BECAUSE IT'S REALLY OUT THERE.

THERE IS A LEGAL WAY TO DO IT.

SOMETIMES IT'S REALLY BALANCING AND IT HAS LEGAL AND POLICY IMPLICATIONS BECAUSE.

AS YOU KNOW, THE CITY CAN GO FORTH, THE INDIVIDUAL NEIGHBORS COULD GO FORTH, TOO, SO SOMETIMES IT'S ABOUT.

GOVERNMENTS DECIDING WHETHER HAVING THE CITY PROSECUTE THE VIOLATIONS AND BE DEPENDING UPON THE LEVEL OF IT IS SOMETHING THAT IS GOOD POLICY, WHEREAS SOMETIMES THEY FEEL LIKE IT MAY BE MORE OF A PRIVATE ISSUE THAT SHOULD BE HANDLED PRIVATELY.

SO THERE'S LEGAL AND THERE'S POLICY CONSIDERATIONS, BUT THERE ARE SOME PLACES THAT HAVE DONE IT. AND THERE IS, YOU KNOW, CASE LAW THAT DOES SAY I BELIEVE IT WAS PORT ST.

LUCIE THAT SUCCESSFULLY DID IT.

AND IT WAS APPEAL THAT THE MANDATORY AND PROHIBITIVE INJUNCTION IS A METHOD OF DEALING WITH A WAY TO ABATE A NUISANCE ON HOMESTEAD PROPERTY.

BAILEY. AND IF WE LET'S SAY THAT THE JUDGE SAW THIS RIGHT HERE IS ALSO HAS A HAS THE COURT FACTOR OF WHAT A JUDGE RULES TO BE AND WHAT THEY DEEM TO BE APPROPRIATE.

BUT IF THEY DID AND THEY GRANTED PERMISSION TO GO ON THERE, WE GO IN THERE, WE CLEAN IT UP. THE NEXT DAY, EVERYTHING'S THROWN BACK OUT THERE, WE'RE GOING TO BE DOING THE PROCESS AGAIN. WOULD THAT NOT BE CORRECT OR EVEN IF THE JUDGE GAVE, SAY MAYBE, YOU KNOW, SOME TYPE OF PERIOD OF TIME.

SO IF THEY DID IT, LIKE THE NEXT DAY AND IT STILL END UP HERE, MAYBE WE COULD STILL GO.

NOW, THIS IS HOW THE JUDGE ORDER IS, RIGHT? BUT AT SOME POINT IN TIME, IT COULD ALL REAPPEAR AND WE'D BE IN THE SAME SITUATION AGAIN.

YES. I MEAN, WE COULD CERTAINLY ASK THE JUDGE TO MAINTAIN SOME TYPE OF CONTINUING JURISDICTION. SO IF IT DID OCCUR THAT WE COULD REOPEN THE CASE AGAIN.

BUT CERTAINLY IF IT HAPPENED THE NEXT DAY, THAT DOESN'T.

[00:50:03]

SO TO THE EXTENT THAT WE NEED TO GO ON AGAIN, IT COULD, YOU KNOW, ENTAIL THE CITY AND THE CITY LEGAL TEAM BEING INVOLVED FOR SOME TIME, DEPENDING UPON HOW THE PERSON IS COMPLIANT WITH THE ORDER.

BUT, YEAH, WE'RE NOT GOING TO GET A BROAD BASED ORDER THAT TELLS US THAT WE CAN GO INTO TO THIS PERSON'S PROPERTY ANY TIME THAT WE WANT IN AN INDEFINITE FUTURE AND REMOVE ITEMS THAT WE CERTAINLY COULDN'T DO.

YOU KNOW, THE ONLY PERMANENT SOLUTION FOR THESE HOMESTEADED BECAUSE AND I APPRECIATE WHAT THE RESIDENTS BROUGHT FORTH, BECAUSE I UNDERSTAND THE FRUSTRATION.

AND I THINK IT'S I THINK IT'S I THINK IT'S TRUE AND VALIDATED WHAT IS BEING PRESENTED HERE TONIGHT BY ALL THREE, I GUESS FOUR OF AT LEAST FOUR FOLKS WHO ARE WHO ARE LIVING IT.

BUT IT'S VERY DIFFICULT.

WHENEVER WE CAN'T ASSUME CONTROL OF THAT PROPERTY, WE CAN'T TAKE THAT PROPERTY.

IF NOW THAT THAT WOULD BE A HIGHER LEGAL QUESTION OR AS ARE NOW SAID, STATE CONSTITUTION.

THAT'S A PRETTY HIGH THRESHOLD TO EVER FIX, BECAUSE I DON'T BELIEVE THAT.

THIS IS WHY I WANT TO BE CLEAR.

I DON'T BELIEVE THIS IS PALM BAY.

THIS IS NO, IT'S KIND OF LIKE WHEN THEY SAY THAT NO RECESSIONS, WHENEVER SOMEBODY ELSE LOSES THEIR JOB, A DEPRESSION IS WHENEVER YOU LOSE YOUR JOB.

RIGHT. ONCE YOU AND THERE IT CERTAINLY IT MEANS YOU'RE LIVING IT.

BUT IN THE BIG PICTURE, THERE'S OTHER FOLKS ARE EXPERIENCING THIS.

AND BECAUSE WE'VE HAD THESE CONVERSATIONS WITH CODE ENFORCEMENT IN THE PAST, I'VE SAT ON THAT BOARD PRIOR TO MY TENURE UP HERE.

I UNDERSTAND THE FRUSTRATIONS OF WHEN, YOU KNOW, FOLKS WANT STAFF TO WORK AND THEY DON'T BELIEVE THAT STAFF IS DOING SOMETHING WHEN IN FACT THEY'RE DOING EVERYTHING THEY CAN WITHIN THE LETTER OF THE LAW.

I DON'T HAVE A PROBLEM WITH NO.

SOUNDS LIKE LEADERSHIP HAS ALREADY SAID THAT THEY'RE MOVING FORWARD TRYING THIS THIS WAY.

I DON'T HAVE A PROBLEM TESTING IT.

BUT WHAT I REASON I ASK THOSE QUESTIONS IS BECAUSE WHAT I ANTICIPATE IS THAT I DON'T WANT TO BE A FALSE SENSE OF HOPE THAT THIS IS GOING TO FIX IT.

IT'S LIKE SOMETIMES FOLKS WHO SAY, OK, WE'RE PENALIZING AND FINDING THE PROPERTY AND YOU END UP WITH HUNDREDS OF MORE MORE FINES THAN THE PROPERTY'S WORTH.

LIKE YOU SAID, ONE GENTLEMAN SAID NO.

AS FAR AS OWNING THE PROPERTY, YOU CAN BUY THE PROPERTY FOR THE AMOUNT OF FINES I'VE SEEN THAT PREVIOUSLY. IT BECOMES VERY INEFFECTIVE IN THAT WAY.

I UNDERSTAND THE FRUSTRATION, BUT I JUST WANT MAKE SURE THERE IS ONE.

MAKE SURE WE TEMPER OUR EXPECTATIONS TO THE REALITIES OF WHAT THE LEGAL LEGAL GROUND ALLOWS US. AND OUR AUDIENCE CAN SAY ONE THING, BUT THERE'S ALWAYS GOING TO BE WITHIN THE CONFINES OF THE STATE. NO, MA'AM.

THIS WAS SECOND. ALSO.

HEY, YOU WANTED TO COME SPEAK.

I'M COME TO THE PODIUM AND STATE YOUR NAME AND AND WHERE YOU RESIDE.

AARON LOPEZ, I OWN THE PROPERTY OF 1732 AND STREET, AND I WAS ASKING, IT'S A HEALTH HAZARD, I MEAN.

ARE YOU RESPONSIBLE FOR THE HEALTH DEPARTMENT ALSO? AND STILL, NOTHING CAN BE DONE.

I MEAN, WE'VE SEEN ANIMALS AND [EXPLETIVE] RUNNING, SORRY, RUNNING OUT FROM UNDERNEATH ALL THE GARBAGE THAT'S THERE.

I'D LIKE TO SHOW YOU A PICTURE OF JUST A FRONT YARD IN APPROACH.

IT'S OK IF I SHARED WITH COUNCILMAN.

GO BACK TO THE PODIUM IF YOU WANT TO CONTINUE TO SPEAK.

MA'AM, MA'AM, BACK TO THE PODIUM.

I SAID, I'M JUST UPSET BECAUSE I DON'T SEE ANYTHING HAPPENING AND WE'VE BEEN TRYING FOR SO LONG, SO I AM GOING TO SIT.

MA'AM, YOU CAN PICK UP YOUR PHONE AGAIN, PLEASE.

AM I QUICKLY ASKED, ATTORNEY, SHOULD WE FIND A WAY OF PRESERVING THIS PHOTO? AH, I DON'T KNOW, LEGAL OUR LEGAL REQUIREMENTS ARE DOWN.

IF YOU CAN EMAIL TO US, MA'AM, THAT MIGHT BE HELPFUL.

DEPUTY MAYOR JOHNSON.

SO I'VE GIVEN HIM MY PARTIAL IMMUNITY, SO MADAM MADAM SMITH.

WE ARE PURSUING THIS WITH YOUR LEGAL TEAM.

IT'S MY CHILDREN. I THINK I'VE MET AND THEY'VE BEEN UNDER DISCUSSIONS AS FAR AS THIS PROPERTY AS, YOU KNOW, SOME OTHERS.

I THINK ONE OF THE ISSUES THERE ARE SOME DIFFERENT LEGAL QUESTIONS AND THERE ARE SOME DIFFERENT. FINANCIAL QUESTIONS, I THINK, YOU KNOW, STAFF IS TRYING TO CONSIDER, OF COURSE, AS FAR AS YOU KNOW, THE THE LAWSUIT ITSELF, IT COULD BE HANDLED IN-HOUSE.

[00:55:01]

BUT I THINK THERE WERE SOME EFFORTS BY STAFF TO MAKE SURE WITH THIS AND OTHERS THAT WE HAVE THE FINANCING.

IF WE GET THE ORDER TO SAY WE CAN GO IN AND ABATE THESE NUISANCES, THAT WE ACTUALLY HAVE THE ABILITY TO GO IN AND PAY FOR SOMEBODY TO REMOVE THIS STUFF AND TO PROPERLY DISPOSE IT. SO THERE WERE WANTED TO MAKE SURE THAT WE GET ALL OF THE FACTUAL THINGS THAT WE NEED IN PLACE, BUT ALSO THE ABILITY TO DO SO, BECAUSE IF THE JUDGE SAYS, HEY, WE CAN GO IN AND ABATE AND THEN WE HAVE TO FIGURE OUT, YOU KNOW, WHO HAS THE MONEY AND, YOU KNOW, DO WE NEED TO GET AUTHORIZATION? DO WE NEED TO MOVE THIS? SO THEY ARE WORKING TOGETHER SO THAT WE CAN GET THESE THINGS DONE.

LIKE I SAID, THERE IS A LEGAL FRAMEWORK, BUT WE HAVE TO MAKE SURE THAT WHEN WE GO THAT WE ARE PREPARED TO MOVE 4TH AMENDMENT SHERMAN.

IS THERE A.

A TEAM, PERHAPS, THAT IF WE DO GET THE CLEARANCE FROM A JUDGE, DO WE HAVE A TEAM PERHAPS THAT WE THAT YOU CAN MOBILIZE TO TO PICK UP THOSE THOSE ITEMS? CERTAINLY, WE WOULD ACTUALLY OUTSOURCE THIS PROJECT, THOUGH.

WE WOULD NOT SEND OUR STAFF IN TO HANDLE THIS PARTICULAR ISSUE.

AND SO REALLY NEXT STEPS TRULY ARE BRINGING AN AGENDA.

MEMO TO COUNSEL.

YOU'RE INTERESTED IN MOVING FORWARD WITH THIS LEGAL PATH.

AND WE WILL BRING AN AGENDA MEMO FORWARD TO ALL REQUESTING A FORMAL YOUR PERMISSION, BUT ALSO GIVING YOU THE COST ESTIMATE TO ACCOMPLISH THE TASK IF THE JUDGE GIVES US PERMISSION TO GO ON THE PROPERTY. SO HOW MANY YEARS HAS THIS BEEN GOING ON? OR IS IT SAFE TO SAY A DECADE? IT WOULD KNOW BETTER THAN ME. YEAH, YOU'RE PLAYING LONGER THAN.

COUNCILWOMAN BAILEY, YOU WANTED TO WEIGH IN? YES, CERTAINLY ME, IF IT'S OVER ONE HUNDRED THOUSAND DOLLARS, IT'S BEEN SOME TIME.

THE ONE THING THAT I JUST WANT TO SAY THAT SO IT'S COMING BACK TO US.

THERE WAS TWO THINGS. ONE WAS.

I DON'T WANT TO PUT ANYBODY ON A A A TIME CONSTRAINT BECAUSE WE DON'T KNOW EXACTLY HOW THESE PROCESSES WILL ROLL OUT.

WHAT'S THE MINIMUM LIKE? YOU KNOW, FOR A FACT, IT'S GOING TO TAKE US AT LEAST AS LONG TO GET THROUGH THE PROCESS.

I WAS CURIOUS OF THAT QUESTION.

FIRST, GET TO GET THE JUDGE TO MAKE THAT DETERMINATION, GET THE HEARING, GET TO THE HEARING AND EVERYTHING. IT'S A LITTLE TOUGHER TO SAY NOW BECAUSE THINGS THAT SEEM TO BE EMERGENCIES AND WERE QUICKLY PUSHED THROUGH OR THAT THEY ARE REALLY STARTING UP, YOU KNOW, AREN'T AS SO MUCH EMERGENCIES AS THEY ARE CATCHING UP, BUT.

CERTAINLY WITH THE INJUNCTION, YOU CAN GET THE EXPERT TO MAYBE EVEN GET THE EXPERTS AT HEARINGS, BUT SOMETIMES, YOU KNOW, JUDGES, YOU KNOW, THEY.

AT THIS, YOU KNOW, EVEN THOUGH HIS EXPERTS SAY YOU DON'T HAVE TO HAVE THE NOTICE INITIALLY TO GET AN INITIAL ORDER, YOU ALSO HAVE TO HAVE A HEARING AND.

YOU KNOW, I JUST SET A HEARING.

ALL PARTIES AGREED, AND IT WAS FOR HALF AN HOUR AND WE WERE VERY HAPPY THAT WE GOT A QUICK HEARING AND THAT QUICK HEARING IS FOR THE END OF JULY.

YOU KNOW, IT'S. BUT THAT'S ON A CASE THAT IS, YOU KNOW, ACTIVE THIS AND THAT ALREADY HAS A JUDGE, THIS INJUNCTIVE CASE WILL BE CIRCULATING.

SO IS FILING IS GOING TO BE ASSIGNED AND THEN WE'LL BE HEARING, YOU KNOW, IF WE GET IT SET WITHIN 30 DAYS, THAT WOULD IT'S CERTAINLY NOT GOING TO SEEM QUICK TO THEM, BUT THAT WOULD BE DEFINITELY QUICK.

AND IT'S ABOUT WHETHER WE GET THAT EX PARTE ORDER.

BUT EVEN ONCE WE GET THE EX PARTE ORDER THAT'S WITHOUT THE PERSON BEING PRESENT, IT STILL WILL HAVE TO CONTINUE ON AND HAVE THEM BE ACTUALLY PRESENT, HAVE A RIGHT TO ARGUE THEIR POSITIONS. SO IT COULD TAKE SOME TIME, BUT WE MAY.

YOU MAY BE ABLE TO GET THE INITIAL ESBATI WITHIN PROBABLY WITHIN 30 TO 45 DAYS, BUT THE ACTUAL CASE COULD GO FAR LONGER TO THAT, ESPECIALLY ONCE WE'RE PAST EXPERT WHEN THEY ACTUALLY HAVE A RIGHT TO OBJECT AND OR OFFER ANY DEFENSES THAT THEY MAY HAVE.

AND THAT'S WHY AT LEAST MAKE SURE THAT YOU GOT TO UNDERSTAND THIS, WE COULD WE ALL AGREE TONIGHT IT'S NOT GOING TO HAPPEN.

NO, TOMORROW FOUR IS GOING TO JUDGE A JUDGE'S ORDER.

AND THEN I DON'T KNOW HOW LONG, BUT I KNOW THAT THEIR BACKLOG, THEY'RE TRYING TO CATCH UP WITH THE COURTS AND THE COURTS HAVE BEEN VERY BUSY.

THE THE OTHER THING WAS THAT I JUST WANT TO AT LEAST LEAVE THIS OUT THERE FOR THE RESIDENTS TO THINK ABOUT BEFORE IT COMES BACK AS AGENDA ITEM, FOR US TO PUT IT ON, TO GIVE THAT DIRECTION TO MS. SMITH TO PURSUE THIS, THAT IF IT GOES THROUGH AND THE JUDGE DOESN'T GIVE THE ORDER, THAT

[01:00:08]

I'M JUST CAUTION, YOU KNOW, MY CONCERN WOULD BE IF YOU JUST EMBOLDEN THIS PERSON EVEN MORE. IF YOU JUST TOOK A BAD TO WORSE, AND I UNDERSTAND IF IT'S REALLY, REALLY BAD, YOU MIGHT NOT CARE, SAY IT'S BETTER THAN DOING NOTHING.

BUT I JUST WANT TO MAKE SURE THAT THAT'S THOUGHT THROUGH BECAUSE I DON'T HAVE A SITUATION WHERE EVEN IF WE GET THE JUDGE'S ORDER, WE DO SOMETHING.

AND THEN 30 DAYS LATER, IT'S TWICE AS BAD AS IT IS CURRENTLY.

AND THEY'RE DOING OTHER THINGS PURPOSELY NOW.

WE'RE JUST GOING TO, YOU KNOW, MAKE A BAD SITUATION WORSE.

BUT I UNDERSTAND WE US WANTING TO KNOW THE SHOW TO RESIDENTS THAT WE DO CARE.

WE WANT SOMETHING TO BE DONE. AND I DO WANT TO REITERATE, I'M SURE THAT'S CODE ENFORCEMENT. I KNOW CODE ENFORCEMENT HAS DONE THINGS.

I KNOW IT MIGHT NOT BE ALWAYS SEEN.

I KNOW THEY'VE BEEN OUT THERE AND I'M SURE THEY FEEL THE SAME WAY ABOUT THE PROPERTY AS THE PEOPLE LIVING THERE. I'M SURE THEY'RE GLAD THAT THEY DON'T HAVE TO LIVE THERE AND THAT IF THEY COULD DO SOMETHING, THEY WOULD.

I JUST WANT TO REALLY EMPHASIZE THAT, THAT I KNOW THAT THEY'RE WORKING THESE CASES.

IT'S JUST A MATTER OF TRYING TO FIND A LEGAL WAY OF FIXING IT.

SO COUNCILMAN BAILEY OVER A DECADE, I THINK THE RESIDENTS ARE AT THEIR WITS END.

THEY'RE LOOKING AT IT.

IT CAN'T GET ANY WORSE.

IT YOUR POINTS ARE VERY WELL NOTED AND TAKEN COUNCILMAN.

AND HE WENT TO A COUNCILMAN FOSTER PLACE.

THIS IS DIRECTED TOWARDS THE CITY ATTORNEY, SO WE ARE PURSUING OR WE JUST EVALUATING THE SITUATION BECAUSE I'M A LITTLE CONFUSED.

ARE WE PURSUING A COURT ORDER? WE HAVE MET WITH STAFF AND THE INTENT WAS IS I BELIEVE IT'S THE FIRST MEETING THAT.

OF JULY, THAT WE PLAN TO GO FORTH BECAUSE THEY'VE BEEN MEETING TO MAKE SURE THAT THEY HAVE ALL THE NUMBERS AND KNOW EXACTLY WHAT WE NEED TO DO AND BRING THAT FORTH BEFORE COUNCIL TO ASK FOR AUTHORIZATION BECAUSE EXCEPT IN CERTAIN, YOU KNOW.

EMERGENCY CIRCUMSTANCES, I TYPICALLY DO NOT FILE LITIGATION WITHOUT THE CONSENT AND AUTHORITY OF COUNSEL.

OK, SO WE'VE DONE ALL OF THAT THEY ARE WORKING ON.

IT WAS RECENTLY ANOTHER MEETING WITH STAFF BECAUSE I THINK WE WERE HOPING TO BRING IT AT THIS MEETING. BUT THERE WAS STILL SOME INFORMATION THAT THEY ARE STILL SEEKING TO BE ABLE TO PROVIDE YOU ALL WITH AS MUCH INFORMATION.

SO, YOU KNOW, THIS IS WHAT THE LEGAL PASSPORT AND THIS IS WHAT THE COSTS ARE.

BUT IT I DO BELIEVE AND MR. SHERMAN SEEMS TO BE AGREEING THAT THAT WILL BE BROUGHT FORTH WHERE THE PROPERTIES THAT WE'RE SEEKING AUTHORIZATION FOR AT THE NEXT COUNCILMAN, THAT'S REGULAR COUNCILMAN.

I THINK THIS COUNCIL NEEDS TO TAKE ACTION.

I LOOKED AT YOUR PICTURES AND THAT'S UTTERLY RIDICULOUS.

I FEEL THE WAY TO THESE.

IF I WAS LIVING IN THAT AREA, I'D BE UPSET, TOO.

TO THE TO THE VETERAN.

THESE. I BEG OF YOU.

NO, HURT NOBODY. I KNOW YOU GET ANGRY AND I'M LIKE, SIR, DIRECT YOUR CONVERSATIONS TO ME, LET THEM SPEAK, NOT ME.

OK, YOUR TIME.

LET ME FINISH. I'M JUST SAYING I UNDERSTAND YOUR FRUSTRATION.

I LOOKED AT THE PICTURES.

THANK YOU FOR PROVIDING THAT.

AND AND IT JUST MAKES ME ANGRY JUST LOOKING AT IT.

I COULDN'T IMAGINE LIVING NEXT TO IT, BUT I THINK THE CITY.

NEEDS TO TAKE ACTION ON THIS.

OF COURSE, THEY GOT THEIR OWN TIME, TIME, SCHEDULE, TRUST ME, DEALING WITH THEM A LOT, THAT THEY GOT THEIR OWN TIME.

BUT WE NEED TO START. WE NEED TO START AND THIS COUNCIL NEEDS TO TAKE ACTION.

IT'S NOT ONLY JUST YOUR YOUR RESIDENTS AS YOUR AREA, BUT AS OUR CITY.

AND AND WE SHOULDN'T HAVE A CITIZEN IN OUR CITY TRASH IT LIKE IT IS EVEN THOSE ON HIS PROPERTY. SO.

I WOULD LIKE TO SEE THIS AT OUR NEXT COUNCILMAN.

DULY NOTED. COUNCILMAN FOSTER, I THINK THE SENTIMENT, THE CONSENSUS OF COUNSEL IS TO GET SOMETHING DONE. THEY'RE BRINGING THIS BACK, SO IDEALLY IT WILL COME BACK.

OUR NEXT COUNCIL MEETING THAT MADE JOHNSON.

WERE YOU GOING TO WAIT? YES.

OF. FIRST OF ALL, I APPRECIATE MR. WILLIAMS. MR. WILLIAMS BROUGHT IT UP TO ME MONTHS AGO, AND THEN THAT'S WHEN I BROUGHT IT UP TO STAFF AND IT'S BEEN A LOT OF BACK AND FORTH AS HE SHARED IN THEIR UNDERSTANDING OF THE ORDINANCES AND HIS UNDERSTANDING OF ORDINANCES BY APPRECIATE HIM STILL COMING FORTH ON. AND WHEN HE BROUGHT IT BEFORE ME AND I TALKED TO STAFF AND I TALKED TO CODE ENFORCEMENT, I TALKED TO ONE OF THE PEOPLE WHO THIS GENTLEMAN THREATENED TO KILL.

[01:05:01]

BUT I THE. I JUST WANT TO ASK THE PROBLEM IS GETTING PERMISSION, IS IT OUT OF LINE FOR.

NO ONE OF US OR FOR THE MAYOR TO WRITE A NOTE OR SOMETHING TO JUST SAY, HEY, CAN YOU JUST GIVE US PERMISSION TO.

THAT'S ALL I'M JUST ASKING.

I SEE YOUR FACE WHAT THE PROBLEM IS GETTING PERMISSION AND I'M HERE AND HOW LONG IT'S GOING TO TAKE TO GET PERMISSION.

AND YEAH.

TO MADAM ADAM SMITH.

I'M NOT EVEN SURE THAT THAT EVEN OCCURRED BEFORE MADAM SHERMAN.

WELL, WHAT I WOULD DO, IF YOU'D LIKE, I CAN BRING UP OUR POLICE CHIEF TO TALK ABOUT OUR PAST INTERACTIONS, BECAUSE WHAT WE ADVISE STAFF PREVIOUSLY IS TO BE VERY CAREFUL ABOUT SOME OF THE REASONS WERE RELATED TO DEPUTY MAYOR.

WE WHAT WE'RE TRYING TO DO IS AVOID FURTHER.

ADDING FUEL TO THE FIRE WERE.

GOOD EVENING, NELSON MOYAR POLICE CHIEF.

SO I HAVE TO BE VERY CAREFUL HERE, SO I'M GOING TO PARALLEL.

A SIMILAR CASE, AND I DO NOT WANT TO DISCUSS GLENWOOD, BUT I WANT TO PARALLEL IT MR. THERE'S A LEGAL REASON FOR THAT.

PERHAPS THE REASON MAY BE PROTECTIONS UNDER THE LAW FOR CERTAIN MEDICAL ISSUES THAT I CANNOT DISCLOSE. HAVING SAID THAT, I WILL TELL YOU THAT THIS IS A VERY DIFFICULT ISSUE AND OTHER CASES THAT WE'VE WORKED IN THE PAST, IT TAKES SEVERAL YEARS SOMETIMES TO REACH A CONCLUSION. WE'VE WORKED OTHER CASES IN OTHER PARTS OF THE CITY THAT ARE SIMILAR.

AND WHEN YOU DEAL WITH AGAIN, I'M NOT TALKING ABOUT LANGUAGE, WE'VE HAD CASES WHERE WE POSSIBLY ARE DEALING WITH MENTAL HEALTH ISSUES, RIGHT.

WHERE WE INTERCEDE AND INTERVENE AND PERHAPS TAKE LEGAL ACTION, PERHAPS PROTECTIVE CUSTODY AT SOME POINT.

BUT THE COURT. AS LIMITED.

LET ME HEAR LIMITED JURISDICTION WHEN IT COMES TO ISSUES OF MENTAL HEALTH IN OTHER CASES, AND THUS WHAT YOU SEE IS AN ISSUE, KEEP COMING BACK AND OVER AND OVER AGAIN.

NOW, I WILL TELL YOU THAT I'M GOING TO HAVE A PRIVATE DISCUSSION WITH THIS GROUP OUTSIDE OF HERE BECAUSE IT'S NOT PRIVY TO THIS, TO THIS.

DYAS MEANING WE HAVE ONGOING CASES THAT AREN'T WE'RE NOT GOING TO DISCUSS ONGOING EFFORTS AND THEY'RE EQUALLY AS FRUSTRATING TO US.

CERTAINLY, I CAN'T IMAGINE WHAT THESE FOLKS ARE GOING THROUGH.

AND I CAN TELL YOU THAT THOSE EFFORTS HAVE TO BE ALIGNED WITH WHAT WE DO AS A CITY.

SOMETIMES THEY'RE FRUSTRATING.

WE ARE ALSO LIMITED BY THE LAW, FOR EXAMPLE.

RIGHT. WE TALKED ABOUT PROPERTY RIGHTS AND HOW DIFFICULT IT IS TO.

INVOLVE OURSELVES IN PROPERTY RIGHTS, PARTICULARLY WITH ISSUES DEALING WITH CODE ENFORCEMENT AS THEY ARE CIVIL PENALTIES.

WE, AS YOU KNOW, DEAL WITH CRIMINAL LAW RIGHT NOW, CERTAIN CASES CAN RISE TO THE LEVEL OF OUR INVOLVEMENT AND OR IF WE'RE DEALING WITH.

A PUBLIC SAFETY CONCERN BASED ON PERHAPS A MENTAL HEALTH.

BUT EVEN SO, OUR INABILITY TO GO INTO SOMEONE'S CURTILAGE BASED ON LEGAL PROTECTIONS MAKES IT VERY DIFFICULT NOW IN THE EVENT THAT THROUGH OUR.

COVERT PROCESSES WERE ABLE TO ACHIEVE SUCH A STAND.

WE CAN TAKE A LOOK IN SOMEONE'S PROPERTY, IT BRINGS INTO PLAY THINGS LIKE.

PLAIN VIEW, OPEN VIEW.

LEGAL LEGAL STANDARDS THAT WE MUST MEET IN ORDER TO TAKE ENFORCEMENT ACTION, SUBSEQUENT THAT WE CAN THEN CONTACT PLACES LIKE DEEP RIGHT.

THESE ARE ALL BASED ON LEGAL FOUNDATIONS, FOR EXAMPLE, IT IS DIFFICULT FOR US, EVEN IF WE SUSPECT THAT THERE IS A VIOLATION TO EMBARK IN A POISONOUS TREE.

RIGHT. BECAUSE OUR PROCESSES HAVE TO BE LEGAL, EVEN THOUGH WE MAY SUSPECT SOMETHING, WE CAN'T BYPASS OUR LAW TO GET TO THAT POINT.

AND SOMETIMES THE PEOPLE THAT WE'RE DEALING WITH, THE CULPRITS, ARE SMART ENOUGH TO KNOW JUST WHAT NOT TO DO TO KEEP US AT BAY.

I CAN TELL YOU THAT I CAN I CAN TELL YOU THAT I'M VERY AWARE OF THIS ISSUE AND IT IS VERY FRUSTRATING, BUT I WILL TALK TO THIS GROUP OF RESIDENTS HERE OUTSIDE OF THE STATES.

[01:10:01]

WE'VE HAD SUCCESS, HOWEVER, IN OTHER SIMILAR CASES, BUT IT TAKES A CULMINATION AND SOME TIMING. IN OTHER CASES, YOU SEE WHERE THEY ARE FAMILY THAT FINALLY GETS INVOLVED AND HELPS US. YOU KNOW, I'M NOT DISCUSSING THIS CASE, BUT THERE ARE SOME HURDLES THAT WE HAVE YET TO OVERCOME BECAUSE OF A PERFECT STORM OF EXTERNAL FACTORS THAT WE CANNOT YET OVERCOME. NOW, THIS COUNCIL CHOOSES TO GO TOWARDS A NUISANCE ABATEMENT, IT IS CLEARLY THE BEST WAY TO HANDLE, BUT HAVEN'T BEEN MADE AWARE OF OTHER CASES SIMILAR IN OTHER JURISDICTIONS. THEY TAKE SOME TIME, IT TAKES SOME TIME.

AND OBVIOUSLY WE DISCONNECT OURSELVES FROM THAT PROCESS.

WE'RE GOING TO ENFORCE A LAW IN CASES BASED ON WHAT WE CONSIDER AS A PUBLIC SAFETY ISSUE.

SO THIS IS THIS IS A QUANDARY.

BUT YES, CHIEF.

EVEN THOUGH. THE LEGAL TEAM IS LOOKING AT THAT ABATEMENT PROCESS.

YOU'RE STILL ABLE TO EXECUTE ANY OTHER LEGAL REMEDIES IF YOU SEE WE'RE GOING TO LOOK AT.

YES, SIR. WE'RE GOING TO LOOK AT.

CASES ON A CASE BY CASE BASIS, WE'RE GOING TO MAKE DECISIONS ON ENFORCEMENT AND LAW ENFORCEMENT EFFORTS BASED ON PUBLIC SAFETY AS IT RELATES TO VIOLATIONS OF LAW.

WE WILL SEPARATE OURSELVES FROM CIVIL PROCESSES THAT EVEN OUR CITY EMBARKS ON, OBVIOUSLY WILL BE AWARE. BUT IT'S NOT LIKE WE'RE GOING TO FACILITATE USE TO THE CRIMINAL LEGAL SYSTEM TO FACILITATE SOMETHING.

WE'RE GOING TO DO IT BASED ON WHAT'S RIGHT.

AGAIN, IT'S VERY DIFFICULT WHEN YOU DEAL WITH WITH FACTORS THAT ARE NOT.

ARE NOT CLEAR FOR THE COURT, FOR EXAMPLE.

AN EXTERNAL EXAMPLE IS MENTAL HEALTH.

IT REMAINS A HUGE OBSTACLE IN CASES SIMILAR TO THIS NATION, HE NOTED IN QUESTIONS FROM THE CHIEF. THANK YOU, CHIEF, AND I WOULD LIKE TO THANK YOU GUYS AS A GROUP RESHAPED THAT PERSPECTIVE. MADAM SHERMAN, I THINK YOU HAVE A CONSENSUS ON COUNCIL TO MOVE FORWARD.

AND MENOM SMITH AND THIS IS THIS IS GOING TO BE COMING BACK TO US.

THE DEPUTY MAYOR OF JOHNSON, WOULD IT BE WRONG FOR ME TO.

YET TELL YOU NOT TO, I WOULD SUGGEST THAT.

I DON'T PARTICULARLY LIKE THE IDEA OF THE MAYOR SENDING A LETTER BECAUSE, OF COURSE, YOU KNOW, YOU ALL SAY THAT THE MAYOR IS JUST ONE PERSON ON COUNCIL.

BUT, YOU KNOW, THE MAYOR ASKING MAY NOT BE VIEWED BY SOME DEPENDING UPON THE PERSON AS REALLY AN ASS.

AND THERE COULD BE LATER THAT, YOU KNOW, ESSENTIALLY THAT WE'RE TRYING TO FORCE, ESPECIALLY DEPENDING UPON THE CIRCUMSTANCES, YOU KNOW.

WAS THERE AN UNRELATED POLICE ACTION OR SOMETHING ALL AROUND THERE? IS THAT, YOU KNOW, ARE WE REALLY ATTEMPTING TO COERCE? SO I DON'T WANT THIS SEEM LIKE WE'RE TAKING THE MAYOR WHO REPRESENTS THE CITY AND WE'RE TAKING THE WHOLE CITY AGAINST THIS PERSON TO COMPEL HIM TO ALLOW US ON HIS PRIVATE PROPERTY, BECAUSE CERTAINLY HE MAY BE A NUISANCE, BUT AT THE SAME TIME.

YOU KNOW, IS PROPERTY AND THERE'S A.

PROCEDURE AND PROCESS, IT MUST BE GONE THROUGH AND WE DEFINITELY DON'T WANT TO SEEM LIKE WE'RE INTIMIDATING, INVITED TO GIVE UP THEIR PRIVATE PROPERTY RIGHTS.

SO I THINK YOU'VE GOT ENOUGH THAT ANY OTHER SPEAKERS FOR PUBLIC COMMENT? OK, WE'RE MOVING ON TO PUBLIC HEARINGS AT THIS TIME.

[PUBLIC HEARINGS:]

ORDINANCE TWENTY TWENTY ONE THIRTY TWO, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, MANY OF THE CODE OF ORDINANCES, TITLE THREE ADMINISTRATION, CHAPTER 30 CITY MANAGER MODIFYING PROVISIONS CONTAINED THEREIN, PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES AND CONFLICT HERE WITH PROVIDING FOR INCLUSION.

A CITY 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 DEFER TO MS., SHERMAN, NOTHING TO ADD THIS, THIS IS FINAL READING.

THANK YOU. OK. ANYONE WISH TO SPEAK FOR OR AGAINST IDEA? THE FORWARD. GILBERTON, 586 OCEAN SPRAY STREET SOUTHWEST.

[01:15:06]

OK. OK.

AS I WAS LOOKING AT EACH ONE OF THESE ASSETS SAYS UNDER EXPENDITURE, THERE WAS NO COST THIS TIME, BUT THERE WILL BE A FUTURE COST AND UP AND IN THE UP AND COMING 2022 BUDGET.

SO THEY ARE CURRENTLY DO WHAT WE'RE CURRENTLY DOING, THE BUDGET REVIEW FOR 2022.

AND I DIDN'T SEE ANY OF THESE SPECIFIC LINE ITEMS AS I'M TRYING TO FIND INFORMATION OUT ON THIS. OR DO WE HAVE ANY IDEA OF WHAT THESE ITEMS ARE EVENTUALLY GOING TO COST US? THIS WAS THE SAME QUESTION I ASKED PREVIOUSLY DURING THE FIRST READINGS, AND I DIDN'T GET ANY KIND OF NO NO IDENTITY.

AND IT'S AND I'M ONLY DOING THAT BECAUSE I WANT THE BUDGET REVIEW COMMITTEE TO HAVE SOMETHING THAT'S THERE'S GOING TO BE ANOTHER COST OUT THERE.

AND IF WE'RE DOING IT AND I KNOW YOUR BUDGETS THIS THICK, I'M NOT EXAGGERATING.

I'VE SEEN IT. BUT WE'RE TALKING LINE ITEMS ON PERSONNEL IS ONE OF THE BIGGEST EXPENDITURES THAT WE HAVE.

ARE THESE EACH ONE OF THESE GOING TO BE ANOTHER DEPARTMENT HEAD OR PAWSON PERSON IS GOING TO BE A BLUE COLLAR WORKER OR WHATEVER.

AND THAT'S THAT'S WHAT MY CONCERN IS.

IS IT GOING TO BE SOMETHING THAT JUST STARTS DRAWING BIG WITH MORE BUREAUCRACY WITHIN THE CITY? SO I CAN GET AN ANSWER ON THAT.

WHEN IS IT IN THE BUDGET REVIEW AND ROUGHLY HOW MUCH IS GOING TO BE? AND I DON'T HAVE TO HAVE IT FOR EACH ITEM, BUT IF IT GETS TO EVEN A GRAND TOTAL THAT WE COULD BE LOOKING AT FOR FOR THIS INPUT AND I'LL TRY TO BE NICE AND NOT HAVE TO COME UP HERE ON ONE THROUGH SEVEN.

THANK YOU VERY MUCH. THANK YOU.

ANYONE ON. ANYONE ELSE WISH TO SPEAK FOR OR AGAINST ASYLUM? AND I'M SHERMAN, IF YOU'LL ALLOW ME, I'LL TRY TO ANSWER, EVEN THOUGH WE'RE ON ITEM ONE, I'LL TRY TO CONTROL JUST GLOBALLY.

SO ITEM NUMBER ONE IS RELATED TO CHANGES IN THE CODE OF ORDINANCE FOR THE CITY MANAGER'S OFFICE. IT IS SHIFTING EXISTING PERSONNEL OUT OF THE COMMUNITY SORRY, COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT INTO THE CITY MANAGER'S OFFICE.

IT DOES NOT INCLUDE ANY STAFF ADDITIONS OR CHANGES.

IT'S JUST A SHIFT. THOSE POSITIONS WERE PREVIOUSLY HOUSED IN THE CITY MANAGER'S OFFICE, ARE BEING BROUGHT BACK IN AND THE ORDINANCE HAS CHANGED TO REFLECT THAT.

ITEM NUMBER TWO AND NUMBER SIX, TWO AND SIX ARE RELATED TO CHANGES BETWEEN PARKS AND RECREATION AND FACILITIES.

I'M SHIFTING AN ENTIRE DIVISION OUT OF THE PARKS AND RECREATION DEPARTMENT AND PUTTING IT UNDER THE FACILITIES DEPARTMENT THAT THE TOTALITY OF THAT CHANGE IN THAT CHANGE, ONE ASSISTANT DIRECTOR POSITION WAS ELIMINATED.

THE COMMUNITY ECONOMIC DEVELOPMENT DEPARTMENT CHANGES IN ITEM THREE ARE THE REMOVAL OF THE POSITIONS, THE PUBLIC INFORMATION POSITIONS THAT ARE COMING INTO THE CITY MANAGER'S OFFICE, AS WELL AS THE SPECIAL PROJECTS COORDINATOR OF THE GRANTS POSITION.

SO, AGAIN, NO ADDITIONAL STAFF CHANGES THERE.

ITEM FOUR IS THE CREATION OF AN INFORMATION TECHNOLOGY DEPARTMENT ORDINANCE, THAT DEPARTMENT HAS BEEN IN EXISTENCE FOR MANY, MANY YEARS, BUT NEVER HAD ITS OWN CHAPTER IN THE ORDINANCE. SO IT IS JUST THE ADDITION OF A DEPARTMENT IN OUR ORDINANCE.

FIVE IS THE PUBLIC WORKS DEPARTMENT.

ALSO MAKING SOME CHANGES TO THE LANGUAGE OF THAT EXISTING ORDINANCE TO CLARIFY SOME OF THE RESPONSIBILITIES IN THAT DEPARTMENT, BUT NOT CHANGING OR ADDING NEW RESPONSIBILITIES THAT ARE NOT ALREADY THERE. I SPOKE ABOUT IN CONNECTION WITH ITEM TWO AND THEN NUMBER SEVEN, THE UTILITIES DEPARTMENT, ALSO DEPARTMENT THAT HAS BEEN IN EXISTENCE FOR MANY YEARS. THEY DID NOT HAVE THEIR OWN ORDINANCE CHAPTER.

AND SO THAT IS BEING CREATED WITH ITEM SEVEN.

SO THERE'S NOT A CREATION OF POSITIONS IN THAT ONE EITHER.

HOPEFULLY THAT HELPS ANSWER THE QUESTION.

THANK YOU. ANYONE ELSE WISH TO SPEAK TO YOU? NONE, I'M CLOSING THE PUBLIC HEARING AND ASKING FOR A MOTION, MAKE A MOTION TO IMPROVE ON THIS. TWENTY, TWENTY ONE, DASH THIRTY TWO, FINAL READ SECOND AND A MOTION BY DEPUTY MAYOR JOHNSON SINGING BY COUNCILMAN FELIX.

I'M GOING TO CALL THE QUESTION ALL IN FAVOR, I.

THIS IS UNANIMOUSLY ITEM TWO.

IT IS TWENTY TWENTY ONE, DASH 33, AN ORDINANCE OF THE CITY OF PALM BAY, VARVARA COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE THREE ADMINISTRATION, CHAPTER 36 PARKS AND RECREATION ARE REVISING THE DEPARTMENT TITLE AND MODIFYING PROVISIONS CONTAINED THERE IN PROVIDING FOR THE INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE.

[01:20:05]

AND AS COUNSEL FOR MOTION MOTION TO BROADEN ITS.

FELIX CARRYING THE APPROVAL ORDINANCE 20 21, THAT'S 33 FINAL READING.

A MOTION BY COUNCILMAN FELIX SYNC THEM BY DEPUTY MAYOR JOHNSON.

ANY FURTHER DISCUSSION, COUNSEL COUNCILWOMAN BAILEY.

THANK YOU, MAYOR, AGAIN.

I DO NOT SUPPORT THIS.

I DO NOT THINK IT WISE TO BREAK RECREATION AWAY FROM PARKS.

I THINK THE OPTIONS ARE THE APPROPRIATE OPTION WOULD BE LEAVE PARKS WITH I'M SORRY, RECREATION PARKS TOGETHER AS IS, OR EITHER TO BRING PARKS AND REC FACILITIES TOGETHER AS WE PREVIOUSLY HAD DONE UNDER ONE DIRECTORSHIP TO THE POINT OF PUBLIC COMMENT.

BUT MR ABBOTT SAID EARLIER THAT RIGHT THERE WOULD BE A POSITIVE FISCAL IMPACT AND THAT YOU'RE ELIMINATING ONE DIRECTORSHIP AS OPPOSED TO EXPANDING OR AS OPPOSED TO STAYING STATUS QUO. SO THAT WOULD ACTUALLY BE A WAY OF SAVING MONEY BY COMBINING ALL TOGETHER.

I COULD KNOW.

LIKE I SAID, I COULD SEE IT EITHER WAY, LEAVING IT AS IS OR EITHER OR IF WE'RE GOING TO COMBINE FACILITIES WITH PARKS, COMBINE ALL THREE TOGETHER.

WE'VE PREVIOUSLY OPERATED THAT WAY.

AND THERE ARE I CAN UNDERSTAND THE SYNERGY BEHIND THAT.

BUT JUST LIKE LAST TIME, I CAN'T SUPPORT BREAKING RECREATION'S AS A STANDALONE DEPARTMENT. I'LL BE THERE.

THANK YOU. DULY NOTED.

ANY FURTHER DISCUSSION, I GOT A MOTION.

I COUNCILMAN FELIX SECONDED BY DEPUTY MAYOR JOHNSON.

ALL IN FAVOR, I ALL OPPOSE THIS IS FOUR TO ONE.

ITEM NUMBER THREE.

WITNESS 2021, DASH 35, AN ORDINANCE TO THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF WITNESSES, TITLE THREE ADMINISTRATION, CHAPTER 39 COMMUNITY AND ECONOMIC DEVELOPMENT, MODIFYING PROVISIONS CONTAINED THERE IN PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES.

CONFLICT HERE WITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR EVERYBODY.

CLAUSE PROVIDING FOR AN EFFECTIVE DATE.

WHEN I OPEN UP THE PUBLIC HEARING AT THIS TIME AND ASK IF ANYONE IN THE AUDIENCE WISHES TO SPEAK FOR OR AGAINST ASYLUM.

YOU KNOW, I'M CLOSING THE PUBLIC HEARING AND ASK FOR A MOTION FROM COUNCILMAN MOTION IMPROVE ON HIS 20 21 DASH 35 FINAL READING.

AT A MOTION BY DEPUTY MAYOR JOHNSON SINGING BY COUNCILMAN FELIX.

ANY FURTHER DISCUSSION COUNCIL? NONE OF I'M CALLING INTO QUESTION ALL IN FAVOR AND ANY OPPOSE AS UNANIMOUSLY ITEM NUMBER FOUR. WITNESS TWENTY TWENTY ONE, DASH 36, AN ORDINANCE TO THE CITY OF PALM BAY OF OUR COUNTY, FLORIDA.

MEDINA CODE OF AUTIST IS TITLE THREE ADMINISTRATION BY CREATING CHAPTER 41 TO BE TITLED INFORMATION TECHNOLOGY DEPARTMENT PROVIDING FOR INCLUSION, THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE.

OPEN THE PUBLIC HEARING AT THIS TIME AND ASK IF ANYONE IN THE AUDIENCE WISHES TO SPEAK OR AGAINST THIS ITEM. YOU KNOW, I'M CLOSING THE PUBLIC HEARING AND ASKING FOR A MOTION TO APPROVE, IT'S TWENTY, TWENTY ONE DASH.

THIRTY SIX FINAL READING, IT'S LIKE.

AND A MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILWOMAN FELIX.

ANY FURTHER DISCUSSION COUNCIL? YOU KNOW, NONE AT ALL IN THE QUESTION, ALL IN FAVOR OF ANY OPPOSE.

THIS IS UNANIMOUSLY I'M GOING TO TAKE A FIVE MINUTE BREAK, GENTLEMEN.

AND WE'LL PICK UP WITH ITEM NUMBER FIVE, THE NUMBER FIVE.

ADAM SMITH WITNESSED 2021 DASH 37, AN ORDINANCE OF THE CITY OF PALM BAY, VARVARA COUNTY, FLORIDA, MEANING THE CODE OF ORDINANCES TITLE THREE ADMINISTRATION BY CREATING CHAPTER 42 TITLE PUBLIC WORKS DEPARTMENT, PROVIDED FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE.

I'M GOING TO OPEN UP THE PUBLIC HEARINGS AT THIS TIME.

THE ONLY ONE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM.

[01:25:04]

SECOND, I GOT A MOTION BY DEPUTY MAYOR JOHNSON SECONDED BY COUNCILMAN FELIX.

ANY FURTHER DISCUSSION? SO, YOU KNOW, I'M POSING THE QUESTION ALL IN FAVOR.

THIS IS UNANIMOUSLY ITEM NUMBER SIX OR IS TWENTY TWENTY ONE, DASH THIRTY EIGHT, AN ORDINANCE OF THE CITY OF PALM BAY VAH COUNTY, FLORIDA, MEANING THE CODE OF ORDER'S THIS TITLE THREE ADMINISTRATION I CREATE IN CHAPTER 43 TO BE TITLE PARTS AND FACILITIES DEPARTMENT WRITING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES, WRITING FOR A SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE TO OPEN UP THE PUBLIC HEARING AT THIS TIME. IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST HASSIDIM? YOU KNOW, I'M CLOSING THE PUBLIC HEARING AND ASKING COUNSEL FOR A MOTION MOTION TO APPROVE ORDERS. TWENTY ONE DAS THIRTY EIGHT, FINAL READ, SECOND MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN FELIX.

ANY FURTHER DISCUSSION COUNCILMAN IN LONDON POSING THE QUESTION ALL IN FAVOR, I SUPPOSE, PASSES UNANIMOUSLY.

ITEM NUMBER SEVEN, ORDINANCE TWENTY TWENTY ONE, DASH THIRTY NINE, AN AUDIENCE OF THE CITY OF PALM BAY, BROWARD COUNTY, FLORIDA, MEANING THE CODE OF ORTIZ'S TITLE THREE ADMINISTRATION BY CREATING CHAPTER 44 TO BE TITLE UTILITIES DEPARTMENT, WRITING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES.

PROVIDING FOR SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE, OPENING UP THE PUBLIC HEARING AND AGAIN ASKING IF THERE'S ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM. DO NOT THERE IS CNN.

I'M CLOSING THE PUBLIC HEARING AND ASKING THE COUNCIL FOR A MOTION MOTION TO REMOVE ALL ITS 2021 DASH 39 FINAL WRITTEN.

IT'S LIKE I'VE GOT A MOTION BY DEPUTY MAYOR JOHNSON SINGING TO MY COUNCILMAN FELIX ANY FURTHER DISCUSSION COUNCIL C AND NONE POSING THE QUESTION ALL IN FAVOR, I ASK IS UNANIMOUSLY, WE'RE GOING ON TO UNFINISHED BUSINESS AND GOING TO DEPUTY MAYOR JOHNSON.

[UNFINISHED AND OLD BUSINESS:]

FIRST ONE'S REBECCA, FOLLOWED BY RITA.

MS., REBECCA. GOOD EVENING, MAYOR AND COUNCIL.

MY NAME IS REBECCA TIBERI.

I LIVE AT 110 GLADIOLA ROAD NE.

I'M HERE TONIGHT SEEKING REAPPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD, HAVE BEEN ON THE BOARD FOR THE LAST THREE YEARS AND BEEN SERVING AS THE VICE CHAIR.

MY TERM HAS EXPIRED.

I ALSO ACTUALLY SERVE ON THE INFRASTRUCTURE ADVISORY OVERSIGHT BOARD AND THEN MY DAY JOB.

I'M AN ASSISTANT TO THE CITY MANAGER FOR THE CITY OF MELBOURNE AND I HANDLE LARGE GRANT FUNDED PROJECTS, INFRASTRUCTURE PROJECTS, SPECIAL PROJECTS, THINGS THAT DON'T HAVE A HOME. SO I REALLY ENJOY THE OPPORTUNITY TO PARTICIPATE IN THE COMMUNITY IN THE CITY OF PALM BAY. AND I'VE LEARNED A LOT IN THE LAST THREE YEARS AND I REALLY WOULD LIKE TO CONTINUE THAT WORK. SO THANK YOU AND I APPRECIATE YOUR CONSIDERATION.

THANK YOU. WITOLD ASAR.

GOOD EVENING, I'M RITA LAZAAR, I LIVE AT 1751 MCLYNN STREET, I'VE BEEN A RESIDENT OF PALM BAY FOR THE PAST 17 YEARS.

I JUST WANTED TO BEGIN A JOURNEY TO BE POLITICALLY INVOLVED AND COMMUNITY INVOLVED IN AN PALM BAY. I WANTED TO BE APPOINTED TO THE COMMUNITY FOR HOUSING DEVELOPMENT.

I DO BELIEVE THE POSITION SHOULD BE THE COMMUNITY, BUT THE RESIDENTIAL POSITION JUST TO SEE IF I COULD HELP GUIDE THE COMMUNITY IN.

PRESENTING A BETTER OUTLOOK AT HOUSING IN THE AREA.

THAT WAY WE COULD ACTUALLY START HAVING A LESS GENTRIFICATION GOING ON.

BRING SOME COSTS DOWN THAT WE CAN KEEP SOME OF OUR YOUTH INSIDE OF THE CITY, BECAUSE CURRENTLY I HAVE A LOT OF FRIENDS THAT ARE CURRENTLY LOOKING TO MOVE OUT BECAUSE THEY'RE FEELING PRICED OUT.

AND I WOULD LOVE TO SEE IF I COULD HELP NOT ONLY HELP THE YOUTH FIND A BETTER ABILITY TO STAY WITHIN OUR CITY, BUT HELP THEM MAKE IT MORE AFFORDABLE FOR EVERYONE WITHIN THE CITY AS WELL. THANK YOU FOR YOUR TIME.

THANK YOU. ALL RIGHT, MAYOR, BEFORE YOU HAVE EMOTIONAL COMMENT, YES, SIR, I WAS WORKING WITH STAFF BECAUSE WHAT I SEE IS THAT WE'VE ADVERTISED TWO POSITIONS ON THIS BOARD TONIGHT AND WE ALSO HAVE TWO FOR ONE POSITION THAT WE'RE CONSIDERING RIGHT NOW. RIGHT. SO THERE'S THREE POSITIONS OPEN.

WE HAVE TWO APPLICANTS NOW.

THERE ARE SOME GUIDELINES AS FAR AS TO WHAT WE SHOULD BE OPPOSING THE BOARD OF.

AND SO I WAS TRYING TO WORK WITH STAFF TO MEET THAT.

I DO HAVE A LIST AND I THINK I THINK ALL THREE HAD TO SPEAK TO ALL THREE OF OUR CHARTER

[01:30:02]

THE ONE POSITION HAS BEEN ADVERTISED SINCE AT LEAST MARCH.

I DIDN'T GO. I KEPT LOOKING FURTHER, FURTHER BACK.

I MEAN, THAT'S IT'S BEEN MANY MEETINGS.

AND I JUST WANT TO MAKE SURE THAT WE'RE ABLE TO ALLOW THOSE FOLKS WHO WANT TO PARTICIPATE, TO PARTICIPATE. ALSO, LAST NIGHT, BECAUSE OF A I GUESS JUST A REALLY, I GUESS A ADMINISTRATIVE OVERSIGHT AS FAR AS THE ADVERTISING MS. REBECCA, THE CURRENT INCUMBENT FOR THIS POSITION, WHICH RIGHT NOW SHE WAS HER TERM TECHNICALLY EXPIRED THE NIGHT BEFORE.

SO LAST NIGHT THEY HAD TO CANCEL THEIR MEETING BECAUSE THEY DIDN'T HAVE A QUORUM AND RESCHEDULED FOR THE END OF THE MONTH.

AND THAT MIGHT YOU KNOW, WE MIGHT HAVE TO LOOK AT THAT AGAIN.

BUT THERE'S ALSO DEADLINES FOR THE MOVING FORWARD.

SO HAVING TWO PEOPLE APPOINTED IS GOING TO HELP AS FAR AS MAKE SURE WE HAVE A QUORUM AND WE MEET DEADLINES FOR GRANTS, IS WHAT I'M PROPOSING FOR THE BOARD TO CONSIDER.

THE QUESTION IS GOING BEYOND THAT NOW, WHAT DO WE CURRENTLY HAVE? WE CURRENTLY HAVE WE CURRENTLY HAVE SOMEBODY REPRESENTING REAL ESTATE.

WE HAVE SOMEBODY REPRESENTING OUR PLANNING AND ZONING.

WE HAVE SOMEBODY REPRESENTING ESSENTIAL SERVICES.

WE HAVE SOMEBODY REPRESENTING BANKING.

AND WE HAVE A PERSON WHO'S WHO'S AN ADVOCATE FOR LOW INCOME.

WE HAVE FIVE OUT OF SIX WITH TWO POSITIONS STILL OPEN.

SO WHAT I'M LOOKING AT IS THAT IF WE HAD THAT POSITION, IT'S STILL OPEN.

THAT CAN BE THE TARGET FOR THAT SIX WHEN THAT STATUTE ASKS OR WE FELT THAT WE CAN TARGET THAT PARTICULAR POSITION, ALLOW BOTH MEMBERS TO BE PART OF THE BOARD TONIGHT.

THAT'S MY PROPOSAL.

BUT I KNOW THAT STAFF IS IN MS. SMITH. I CAN SEE HER READING OVER WHAT I SAID.

JUST MAKE SURE THAT WHAT I SAID IS CORRECT BECAUSE I MIGHT BE WRONG, BUT BECAUSE I'M TRYING TO DO THIS QUICKLY BUT TRYING TO MAKE EVERYTHING BETTER FOR EVERYBODY.

AND I'M IN AGREEMENT.

I MEAN, WE'VE GOT TWO CANDIDATES THAT ARE WILLING TO SERVE.

ADAM SMITH, WE'RE WAITING ON YOUR CALL.

IT SOUNDS LIKE YOU NAMED FIVE THAT DID FIVE OTHERS THEN THE CITIZEN WHO RESIDES WITHIN THE JURISDICTION OF THE LOCAL GOVERNING BODY MAKING THE APPOINTMENTS AND THAT THAT ONE WOULD BE THE SIX AND BOTH OF THEM FIT THERE.

BUT THERE ARE THE OTHER BECAUSE WE HAVE TO HAVE.

AT LEAST ONE REPRESENTATIVE FOR SIX OF THE CATEGORIES, BECAUSE YOU CAN HAVE EIGHT MEMBERS, I THINK OURS IS AT LEAST NINE.

YES, AT LEAST NINE, SO IF WE'VE GOT THE SIX CATEGORIES.

I DIDN'T LOOK AT YOURS, BUT IT WAS COUNCILMAN BAILEY IS SAYING THAT WOULD GIVE US THE SIX AND WE CAN GO PYOTT BECAUSE OF COURSE WE'RE ONLY REQUIRED TO HAVE SIX, BUT WE CAN HAVE UP TO NOT UNDER OUR ORDERS, NINE MEMBERS.

SO WE GOING TO HAVE ADDITIONAL PEOPLE REPRESENTING THE SAME THING AS LONG AS WE HAVE THOSE SIX. AND IF HE'S SAYING IT CORRECTLY, THEY WILL PROVIDE THAT SIX AS THE RESIDENT AND WE WILL HAVE AT LEAST SIX AREAS COVERED, TRISTANT, THAT, YOU KNOW, YOU CAN GET OTHER AREAS THAT, YOU KNOW, I THINK IDEAL.

BUT AS FAR AS WHAT'S REQUIRED IS THAT WE HAVE AT LEAST SIX OF THE AREAS ENUMERATED COVER.

IT'S ALWAYS GOING TO BE DOUBLECHECK.

YES. YEAH, AS MY COMMENTS ARE, I WHOLEHEARTEDLY AGREE WITH COUNCILMAN BAILEY KEEPING GATHERING BOTH CANDIDATES TO SERVE.

I'M I'M GOOD WITH IT AS WELL BECAUSE IT'S ALMOST LIKE AND HE HASN'T SPOKEN YET, BUT I'LL BRING MR. OLSZEWSKI. WE'VE BEEN TRYING TO FILL A LOT OF THESE BOARDS UP FOR A WHILE, SO IT'S ENCOURAGING THAT WE HAVE TO WELL, WELL QUALIFIED CANDIDATES TO ME.

AND WE STILL HAVE A FEW MORE.

AND WE'RE WORKING ON THE YOUTH ADVISORY BOARD, SUSTAINABILITY BOARD.

BUT THIS IS A STEP IN THE RIGHT DIRECTION AND THE BUSINESS IMPROVEMENT DISTRICT.

SO WITHOUT FURTHER ADO, I WOULD LIKE TO MAKE A MOTION TO APPOINT REBECCA TYBER, TEA PARTY SIEVERT AND RETAILERS ARE TO THE COMMUNITY AND COMMUNITY DEVELOPMENT ADVISORY BOARD.

I HAVE A MOTION BY DEPUTY MAYOR JOHNSON, SECONDED BY COUNCILMAN BAILEY ALL IN FAVOR, AND HE OPPOSED ECES UNANIMOUSLY.

AND CONGRATULATIONS, MAYOR.

I JUST WANTED TO CONFIRM BOTH OF THEM ARE SERVING AS RESIDENTS OF THE CITY.

ON THE BOARD, THANK YOU.

[01:35:04]

I APPRECIATE IT. SO WE'RE A COMMUNITY AND COUNCIL REPORTS, AND WE'LL START WITH

[COMMITTEE AND COUNCIL REPORTS:]

THANK YOU, MAYOR. WELL, LET ME NOT TO SAY IF YOU DIDN'T ATTEND THAT THE THE BASKETBALL TOURNAMENT PALM BAY, BUT IT'S AN INITIATIVE CO-SPONSORED BY THE CITY OF PALM BAY WITH PORT KINGS BEING THE PRESENTER.

I TELL YOU, YOU MISSED A GREAT EVENT.

GOES ON FOR FIVE HOURS FROM FIVE TO NEARLY 10 O'CLOCK.

WHAT A GREAT COMMUNITY EVENT THAT WAS.

SO I ENCOURAGE YOU, ADULT AND YOUNG WORLD, IT IS JUST SO MUCH FUN, SO POSITIVE.

IT'S SUCH A GREAT EVENT.

THESE ARE THE TYPE OF EVENT THAT REALLY UPLIFT AND CONTRIBUTE TO POSITIVELY CONTRIBUTE TO OUR COMMUNITY. ON THE SAME NOTE, LAST MEETING, WE PRESENT A PROCLAMATION TO BOGUCKI.

LET ME REMIND YOU, THE MONTH OF JUNE IS CARIBBEAN HERITAGE, CARIBBEAN AMERICAN HERITAGE MONTH. THEY HAVE A SERIES OF EVENTS WHICH HAS BEEN GOING ON SINCE LAST MONTH, STARTING AT CITY HALL, AT THE COURTYARD ON THE THIRD, WHAT WAS A YOU KNOW, THAT WAS A GREAT EVENT.

AND MAYOR CAN ATTEST TO THAT.

IT TASTED SOME OF THE FOOD.

SO AND THERE'S A CONTINUATION OF THE OF DIFFERENT EVENTS.

LET ME HIGHLIGHT FOR YOU A COUPLE OF THEM THIS SATURDAY, YOUNG ADULTS, YOUNG ADULT NIGHT ADVOCATES. GUY. IT'S A VERY FUN EVENT.

I'VE BEEN PART OF IT, ALTHOUGH I'M NOT A YOUNG ADULT, BUT AT HEART I AM.

BUT IT'S SURELY A LOT OF FUN TO COME OUT AT THE EXACT LOCATION OF OF TWENTY ONE SEVENTY FOUR HARRIS AVENUE, RIGHT ON PALM BAY ROAD ACROSS THE STREET, THE PARALLEL STREET RIGHT BY HARRIS ON PALM BAY ROAD.

SO THAT IS THIS SATURDAY AND ALSO SUNDAY, FATHER'S DAY EIGHT FROM I BELIEVE FROM TWO AT FRED POPI PARK PAVILION, A LOT OF EVENT OUTDOOR FOOD, MUSIC AND JUST COME OUT.

EVEN IF YOU'RE NOT A DAD, YOU MOST LIKELY HAVE A DAD.

SO COME OUT AND HAVE FUN AND CELEBRATE WITH THEM CARIBBEAN STYLE.

AND ALSO, IF YOU MISSED ALL DAY EVENT A 26, SATURDAY, THE 26, YOU MUST SHOW UP.

THAT IS TRULY A TREAT.

I THINK THE EXPECTING THOUSANDS OF PEOPLE TRAVEL ALL OVER CENTRAL FLORIDA TO ATTEND THAT EVENT. IT'S REALLY A FESTIVAL PARADE, THE WHOLE NINE YARD FOOD MUSIC, AND THEY'LL BE FUN.

SO DO COME OUT AND SUPPORT AND CELEBRATE CARIBBEAN AMERICAN HERITAGE MONTH.

WELL, THEY'LL CLOSE WITH THAT EVENT SATURDAY, THE TWENTY SIX FROM THE SAME PLACE, FRED.

BOBBY PARK, I BELIEVE THE THE THE EVENT STARTS FROM 12:00.

SO, YOU KNOW, ALL AFTERNOON.

THANK YOU. THANK YOU, COUNCILMAN FELIX COUNCILMAN FOSTER.

WANT TO TAKE A MOMENT TO.

TALK ABOUT HABITAT FOR HUMANITY, IT'S A NONPROFIT ORGANIZATION THAT HELPS PEOPLE IN YOUR COMMUNITY. THEY HAVE A HOME.

AND I WAS. WATCHING ENOUGH ON JUNE 11 AND NINE A.M.

HERE IN PALM BAY TO VISIT A HOUSE THAT A HABITAT HUMANITY BUILDING FOR THE STILL WORLD STILL AWAY FAMILY, TWENTY SIX NINETY FIVE FIELDS AVENUE, SOFIE'S, BY THE WAY, THAT THAT ROAD RIGHT OFF COGGIN, THAT ROAD IS PAVED.

AND IT'S A BEAUTIFUL AREA.

I WAS I WAS JEALOUS BECAUSE I SHOULD HAVE BUILT MY HOUSE OUT.

THERE IS A BEAUTIFUL AREA AND IN PALM BAY IS A HIDDEN JEWEL BACK THERE.

AND THE SINGLE MOM HABITAT IS DOING GREAT.

AND I HELPED RAISE THE WALL.

WHAT THEY TOLD ME THAT WAS ONE OF THE FIRST HOME IN A LONG TIME.

THEY BUILT IN PALM BAY AND I WAS HAPPY TO SEE ME MARRIED.

IT WOULD HAVE BEEN EVEN MORE TO SEE YOU.

I KNOW YOU. YOU KNOW, THAT WAS EARLY IN THE MORNING.

I FELT A NEED TO TO BE THEIR HABITAT HUMANITY.

I BELIEVE AS A CHRISTIAN ORGANIZATION, THEY DO OUTSTANDING WORK AND WE NEED MORE.

[01:40:03]

AND MAINTAIN A JOB AND MAINTAIN A PROGRAM OR SUPPORT HABITAT FOR HUMANITY AND AND FAMILIES. THAT'S A NEAT THANK YOU.

THANK YOU, COUNCILMAN FOSTER COUNCILMAN BAILEY.

AND JUST QUICKLY THIS WAY, AGAIN, REITERATE APPRECIATE ALL THE OUR OFFICERS FOR HELPING RESOLVE THAT LAST THE LAST TIME THAT WE CONSIDERED.

I DEEPLY APPRECIATE THAT BEING ABLE TO GET THAT SOLVED.

THE OTHER THING JUST APPRECIATE NOW THE CHIEF, BUT MORE IMPORTANTLY, HIS STAFF WAS OUT HERE FACILITATING THE TRAINING WITH THEIR SIMULATION WAS ACTUALLY SET UP HERE INSIDE OF CITY HALL JUST NOW.

I UNDERSTAND THAT THEY'RE JUST WANT TO GIVE US PERSPECTIVE.

I THINK MOST OF COUNCILMAN OF COUNCIL PARTICIPATED IN THAT TRAINING.

BUT GIVE US PERSPECTIVE OF THE SPLIT SECOND LIFE OR DEATH CHOICES THAT HAD TO BE MADE.

AND THE REASON WHY WE HAVE TO KNOW BACK ARE POLICE OFFICERS AND KNOW AND TRUST THEM TO KNOW TO MAKE THOSE CALLS BECAUSE IT'S EASY TO MAKE THE WRONG CALL.

YOUR DAD JUST AS EASILY AS IS FOR THEM THE OTHER WAY AROUND.

AND IT'S YOU KNOW, IT'S IT'S ONE OF THOSE IT'S VERY TOUGH SOMETIMES MAKING CHOICES.

BUT OF COURSE, NOW I THINK I'VE BEEN THROUGH A PREVIOUSLY PALM BAY ABOUT THREE OR FOUR YEARS AGO WHEN I WAS OUT AT THE TRAINING FACILITY THAT WE HAVE, WE HAVE REGIONAL TRAINING FACILITIES IN FIRING RANGE NOW IN SOUTHWEST.

AND, YOU KNOW, EVEN EVEN THEN, IT'S JUST I'VE ALWAYS DEFINITELY I'M GOING TO ALWAYS SUPPORT MY POLICE OFFICERS, OFFICERS IN THAT WAY, I REALLY BELIEVE AND SOME OF THE LIBERTY MINDED TYPE OF INDIVIDUALS, I ALSO BELIEVE IN PROTECTING THE CITIZENS RIGHTS AND THOSE TYPE OF FOLKS AND THOSE PEOPLE WERE OUT THERE ARE TRYING JUST TO MAKE WHOLE THINGS ACCOUNTABLE FOR GOVERNMENT.

I APPRECIATE THAT TO A DEGREE, TOO, BUT I WILL NEVER KNOW.

I WILL NEVER ALLOW THAT TO DISSUADE ME FROM THE FACT THAT I UNDERSTAND THE POLICE OFFICERS ARE AN EXTREMELY STRESSFUL SITUATIONS ALL THE TIME, AND THEY ARE WORTHY OF OUR OUR APPRECIATION, OUR PRAISE, AND FOR US TO SUPPORT THEM WHENEVER THEY'RE GOING THROUGH TOUGH TIMES. AND EVEN WHEN THEY'RE JUSTIFIED, THEY NEED OUR SUPPORT, EVEN WHENEVER THERE'S NO PUBLIC OUTCRY FROM FROM FROM OUTSIDE.

WE WERE TALKING ABOUT THE KNOW AND WE'VE HAD THOSE TYPE OF SHOOTINGS HERE IN THE CITY.

THANKFULLY, I THINK ONE OF THOSE CASES HAS BEEN RELEASED BY THE STATE'S ATTORNEY'S OFFICE TO SHOW THAT THE OFFICERS WERE IN THE RIGHT.

BUT AS THE CHIEF SAID, IT IS NO, IT'S JUST A HUGE WEIGHT OFF THEIR SHOULDERS TO HEAR THAT EVEN THOUGH THEY KNOW THEY DID THE RIGHT THING, IT'S TOUGH AND KNOW THEY'RE SITTING THERE WAITING. AND AND I JUST APPRECIATE THEM FOR THAT.

AND DEFINITELY I RECOGNIZE THEM.

AND I APPRECIATE THE CHIEF AND HIS STAFF ALLOWING US TO TO SHARE THAT WITH COUNSEL.

I THINK IT'S IMPORTANT AND ALSO APPRECIATE.

I KNOW THE CHIEF SAID HE SHARED IT WITH OTHER COMMUNITY ORGANIZATIONS AND LEADERS WHO WHO WANT TO TO DO THAT.

AND I THINK HAVING NO WAY OF FACILITATING THAT AND DONE IT WITH PRINCIPALS AND SOME OTHER FOLKS PUT THEM TO THE TRAINER.

I THINK THE MORE FOLKS WE CAN SHARE THAT WITH THE COMMUNITY, WE CAN BUILD SOME EMPATHY AND UNDERSTANDING OF THE SITUATIONS BECAUSE IT'S NOT ALWAYS AS BLACK AND WHITE AS A STILL FRAME OF OUR VIDEO, YOU KNOW? SO IT'S IT'S SOMETIMES THE CALLS ARE ARE NOT AS EASY AS IT IS WHENEVER YOU'RE ACTUALLY IN THEIR SHOES. THE OTHER THING OR JUST REAL QUICKLY, JUST NOW, I GUESS YOU I KNOW MY WIFE IS WATCHING, BUT WE JUST CELEBRATED OUR 11TH ANNIVERSARY, SO TWO DAYS AGO.

SO THAT'S NICE TO SHARE.

NOW, I THINK GETTING TO TEN WAS LIKE A SEEM LIKE A BIG DEAL, BUT NOW I'M LIKE NOW IT'S, YOU KNOW, WHEREVER THAT HOME.

SO NOW IT'S LIKE, OK, WHAT'S IT LIKE AT TWENTY FIVE YEARS, 40 YEARS, 50 YEARS OR SO.

BUT NOW I THINK THAT'S ACCOMPLISHMENT.

AND I APPRECIATE YOU GUYS NOW CELEBRATING THAT WITH US TO THE LAST POINT.

AND I JUST WANT TO KIND OF WANT TO BRING IT FOR THE PUBLIC'S AND FOR COUNCILMAN, YOU KNOW, I GUESS INFORMATION I THINK I'VE BRIEFLY TALKED WITH WITH MS. SHERMAN. AND I ASKED FOR SOME INFORMATION, TOO, FROM THE CLERK'S OFFICE REGARDING THE SOUND BARRIER WALL THAT'S OUTSIDE OF 95 OR MALABAR ROAD.

I MEAN, WE'VE GOT OUR LOGO ON IT.

I'M NOT SURE WHOSE ACTUAL OWNERSHIP AND JURISDICTION AND MAINTENANCE IT TECHNICALLY IS, BUT I GUESS WHAT I WAS HOPING FOR IS THAT THERE'S ANY WAY THAT WE CAN FIND A WAY OR IF WE HAVE TO LOBBY SOMEBODY ELSE TO DO A DEAF DOT OR SOMEBODY TO GET IT CLEANED AND MAYBE GET THOSE COLORS CHANGED, UPDATED TO OUR NEW LOGO, WHICH I THINK WOULD BE I THINK IT WOULD LOOK BETTER OVER TIME COMPARED TO THE FADED OUT LOGO.

THAT'S THERE ARE EITHER EITHER REMOVE THE PAINT THAT WAY, IT'S LOWER MAINTENANCE, BUT SOMETHING BECAUSE I THINK THAT IS KIND OF A GATEWAY TO OUR CITY.

AND IT'S JUST ONE OF THOSE THINGS TO ME, IT'S LIKE, OK, MAYBE IT'S NOT LIKE A DILAPIDATED STATE YET, BUT IT COULD LOOK BETTER.

AND AND I THINK I THINK IT WOULD MAKE OUR CITY LOOK BETTER.

[01:45:03]

MIGHT JUST KNOW. I'VE ALREADY ASKED TO FIND OUT.

I MIGHT I'VE BEEN UNDER THE IMPRESSION THAT WILL CONFIRM THAT IT'S YOUR RESPONSIBILITY.

BUT IF IT'S NOT, I DON'T KNOW.

I TAKE A DIFFERENT PATH. AND RIGHT ALONG THAT SAME VEIN, MA'AM, YOU KNOW, WE'VE DISCUSSED BEAUTIFICATION AND AND THE GATEWAY TO OUR CITY AND DIFFERENT ENTRANCES LEADING INTO.

OUR CITY, I KNOW WE'VE DISCUSSED THOSE ASPECTS, I THINK THAT FALLS RIGHT IN LINE WITH OUR OUR PREVIOUS DISCUSSION, SO I THINK CONSENSUS WISE.

WE ALL AGREE WE WANT TO BE A BEAUTIFUL STATE OF PALM TREES.

AGAIN, COUNCILMAN OF PALM TREES.

YEAH, THANK YOU FOR THANK YOU FOR BRINGING THAT UP.

ARE YOU ARE YOU COMPLETED WITH YOUR REPORT? I'M DONE THERE. THANK YOU. THANK YOU.

COUNCILMAN BAILEY. THE FIRST THING I WANT TO SHARE WITH YOU IS JUST THE HIGHLIGHT ON YOUR 11TH YEAR ANNIVERSARY IS DON'T FORGET ANY ONE OF THEM.

DON'T YOU EVER FORGET ANYONE, EVEN THE SIX MONTH MARK.

IT'S IMPORTANT TO ALWAYS ENCOURAGE YOUR WIFE.

WELL. EVERY MAJOR JOHNSON, THANK YOU.

I'LL BE BRIEF. AS MENTIONED EARLIER, THE JUNETEENTH CELEBRATION, THEY'RE HAVING IT IN MELBOURNE, THE RIVERVIEW PARK PAVILION, FROM 10 TO FIVE.

LIKE THEY SAID, THEY'LL HAVE FOOD, REFRESHMENTS, EVERYTHING I THINK IS A GREAT EVENT.

COME OUT, LEARN MORE ABOUT THE HISTORY OF JUNETEENTH, MORE THAN WHAT WAS SHARED TODAY, AND HAVE A GREAT TIME.

HOPEFULLY, AS THE MAYOR SAID, HOPEFULLY WE CAN GET SOMETHING IN PALM BAY, BUT IN THE MEANTIME IS RIGHT IS RIGHT THERE.

SO, YOU KNOW, QUICK DRIVE AWAY.

NEXT ON SPACECLAIM, LEAGUE OF CITIES IS HAVING A TWENTY, TWENTY ONE SCHOLARSHIP APPLICATION AND THE STUDENT ELIGIBILITY REQUIREMENTS.

YOU HAVE TO BE A PERMANENT RESIDENT OF OUR COUNTY, BE PURSUING A DECLARED MAJOR IN IT, CIVIL ENGINEERING, PUBLIC ADMINISTRATION, HUMAN RESOURCES, ACCOUNTING, FINANCE, URBAN PLANNING, ENVIRONMENTAL ENGINEERING, LEISURE SERVICES, OR PURSUING A SKILLS OR TRADE IN WATER DISTRIBUTION.

WASTEWATER TREATMENT PLANT OPERATORS.

BUILDING INSPECTOR PLANS EXAMINER CERTIFIED PROFESSIONAL PUBLIC VIA CERTIFIED PUBLIC PROCUREMENT OFFICER IT SUPPORT SPECIALIST.

I.T. NETWORK ADMINISTRATOR, HVAC, PLUMBING OR ELECTRICAL DISPATCHERS, POLICE OFFICERS, FIREFIGHTERS AND EMTS.

ANYBODY WISHING TO SUBMIT APPLICATION NEEDS TO DO SO BEFORE AUGUST SIX AT NOON.

TWENTY ONE AND THEY COULD EMAIL X E C E C @ @ @ SC LLC. DOUG SO THAT'S X E C.C.C.

AT SC LLC DAWG.

OR YOU CAN JUST EMAIL IT TO ME AND I'LL GET IT TO HER AT KENNEDY JOHNSON AT PALM BAY, FLORIDA. OR THAT MIGHT BE A LITTLE EASIER.

SO I THINK THAT'S A LOT EASIER.

YEAH. CANDIDATE JOHNSON IT PALM BAY FLORIDA OR LASTLY EVERYBODY THIS WEEKEND HAVE A HAPPY FATHER'S DAY. HAVE A WONDERFUL FATHER'S DAY.

ENJOY THE TIME WITH YOUR KIDS LOVED ONES.

I HOPE ALL OF YOU GET A BUNCH OF SOCKS AND TIES AND ENJOY IT, THAT'S ALL.

THANK YOU, COUNCILMAN.

I'M GOING TO ECHO EACH AND EVERY COUNCIL MEMBER IN PARTICULAR COUNCILMAN FELIX WITH CORKINS. WHAT AN OUTSTANDING EVENT.

LET ME ENCOURAGE COUNSEL TO ATTEND FOR THE NEXT EIGHT WEEKS.

WHAT AN OUTSTANDING EVENT.

IT WAS JUST THERE WERE ABOUT THIS HIGH OFF, YOU KNOW, ABOVE THE RIM.

IT WAS AN OUTSTANDING EVENT.

AND MORE OVER THAN THAT, WE SAW OUR ADOLESCENT CHILDREN INTERACTING.

WE SAW EVEN OUR YOUNG ADULTS INTERACTING AND GIVING THEM THAT VENUE THAT ENHANCED THE QUALITY OF LIFE IN OUR COMMUNITY.

I WAS REALLY ENCOURAGED AND MOTIVATED WITH AND THEY HAD A GREAT MESSAGE, BY THE WAY.

I JUST WANTED A REALLY GOOD, POSITIVE MESSAGE.

I WANTED TO TOUCH A LITTLE BIT ON THE TDC.

SINCE I SIT ON THAT TDC, I'M APPOINTED BY COMMISSIONER RITA PRITCHARD, WHO IS THE THE COUNTY CHAIR, AND JUST WANTED TO LET EVERYONE KNOW THAT THE PROJECTIONS OF THE TTC IS BETTER THAN WHAT THEY ANTICIPATED AND THEY'RE EVEN PROJECTING A BETTER OUT FALL WHEN THE KRUSE'S ACTUALLY COME ONLINE.

SO I JUST WANTED TO KEEP THAT IN MIND.

AND I KNOW WE HAVE TO APPOINTEE'S TO THE THE SPORTS AND THE FACILITIES AS PART OF THE CITY THAT SIT ON THAT OR MARKETING AS YOU WERE.

IT WAS ITS MARKETING.

AND THEN AGAIN, HAPPY FATHER'S DAY.

I ALSO WANTED TO TOUCH ON I WOULD BE REMISS NOT BECAUSE OF THE DECADES LONG ISSUE THAT

[01:50:07]

I WOULD BE REMISS IF IF WE'RE NOT CLEAR, I LOVE THE WAY COUNCILWOMAN FOSTER SAID, YOU KNOW, WE GOT TO TAKE ACTION.

AND I KNOW THAT WE WE GOT LEGAL.

LEGAL TO BE INVOLVED IN, AND THEY'RE MOVING FORWARD, BUT I THINK IT SHOULD BE MADE IN A MOTION FOR US TO ACTUALLY MOVE FORWARD AND NOT HAVE TO BRING IT BACK.

I REALLY BELIEVE THAT WE AS AS COUNSEL, WE NEED TO PROVIDE THAT TYPE OF RELIEF TO THE RESIDENTS OF THAT NEIGHBORHOOD.

SO I WANTED TO BRING THAT UP ON THE MS. REPORT FOR COUNSEL TO WEIGH IN AND DISCUSS THAT, BECAUSE IT IS IMPORTANT TO THESE INDIVIDUALS THAT CAME BEFORE US ARE OUR CITIZENS AND OUR CITIZENS ARE AT THEIR WIT'S END.

WE'RE TALKING ABOUT OVER A DECADE.

AND WITH THAT, I'D LOVE TO SEE US PROVIDE A RELIEF WHEN THERE'S ALREADY A LEGAL STANCE.

SHE'S WORKING ON THAT.

THERE MAY BE SOME COST INVOLVED, BUT THIS IS AN INVESTMENT IN OUR CITY AS WELL, IS THE WAY I LOOK AT IT. SO I WOULD I WOULD HOPE COUNCIL ENTERTAIN OR BRING A MOTION FORWARD THAT WE MOVE FORWARD AND PROVIDE RELIEF FOR THESE INDIVIDUALS THAT HAVE BEEN SUFFERING FOR OVER A DECADE.

MAYOR. YEAH, COUNCILMAN BAILEY, I UNDERSTAND, BECAUSE, I MEAN, I'M SITTING HERE THINKING THAT DURING THE WHOLE THING, IT'S LIKE THEY'RE LISTENING TO ALL THIS RED TAPE AND LITANY OF AND THEY HAVE TO HAVE ANOTHER MEETING AND THEN THEY HAVE TO HAVE ANOTHER MEETING.

I UNDERSTAND. I MEAN, I'VE I'VE SPENT TIME SITTING OUT IN THE AUDIENCE NOW THIS JUST IN THIS PARTICULAR PLACE AND OTHER PLACES, TOO.

I UNDERSTAND THAT FEELING.

BUT IN THIS PARTICULAR CIRCUMSTANCE, I FEEL LIKE THERE'S REASONS WHY STAFF WANTED TO BRING THEY'RE STILL COLLECTING INFORMATION WHEN BRINGING IT TO OUR ATTENTION.

AND MYSELF, I DON'T THINK THAT THE TWO WEEKS DIFFERENCE NOW, MAYBE IT TAKES THEM A WEEK TO FINISH WRAP UP WHAT THEY'RE GOING TO DO.

MAYBE IT'S GOING TO BE A WEEK. I DON'T THINK THAT THAT WEEK, AS FAR AS TIMELINE IS SIGNIFICANT ENOUGH FOR ME TO MAKE THAT DECISION WITHOUT HEARING ALL THE FACTS FIRST.

SO I THINK IT'D BE MORE PRUDENT TO HEAR ALL THE FACTS BECAUSE I DON'T THINK IT'S REALLY GOING TO HAVE THAT MUCH OF A SPEED UP OF THE PROCESS UNLESS THE CITY ATTORNEY, YOU KNOW, LET'S SAY TURNING CITY MANAGER HAS SOMETHING DIFFERENT TO ADD AT THIS TIME OR MORE INFORMATION AT THIS TIME TO ADD THAT MIGHT RELIEVE SOME OF THAT HESITATION.

THAT'S HOW I FEEL. THANK YOU, I APPRECIATE THAT.

ANYONE ELSE WANT TO WEIGH IN? THAT'S WHERE I WAS ALSO LOOKING AT IT FURTHER WEIGH IN FROM, BECAUSE I'M READY TO MOVE FORWARD TO, BUT I'M LOOKING TO GET FURTHER WEIGH IN FROM STAFF AND LEGAL.

SO LEGALLY, MA'AM, WHAT? WOULD THIS BE SOMETHING THAT YOU COULD JUST EXECUTE? I MEAN, YOU HAVE STAFF ON BOARD THAT WOULD FILE THE NECESSARY LEGAL DOCUMENTS, IS THAT CORRECT? YES, WE DO.

LIKE I SAID, I DO HAVE TWO ATTORNEYS THAT ARE DESIGNATED FOR THIS AS FAR AS.

CERTAINLY, IF EVEN IF COUNCIL AUTHORIZED JUST TO BE CLEAR, AUTHORIZE ME TODAY, I ALSO SHOULD NOT EXPECT THAT THIS WILL ACTUALLY BE FILED TOMORROW.

CERTAINLY WITH THE AUTHORIZATION FOR COUNSEL TO PURSUE LITIGATION STAFF, MY ATTORNEYS HAVE TO MAKE SURE THEY GET THE FACTS, PROVIDE THE STRONGEST POSSIBLE PETITION, AND WE WOULD GET UP ALL THE PETITION.

WE HAVE IT SET FOR HEARING AND CERTAINLY ARGUE IT.

BUT I DON'T WANT TO ANYONE TO THINK THAT IF COUNSEL AUTHORIZED THIS, THAT THEY SHOULD EXPECT IT. I ALREADY HAVE.

AND WE ARE READY TO FILE THIS THING TOMORROW.

CERTAINLY, WE WOULDN'T DELAY BEYOND ANY TIME THAT IS NECESSARY TO MAKE SURE THAT WE'RE PRESENTING THE BEST POSSIBLE PETITION FOR THE CITY.

BUT IT WOULDN'T BE FILED TOMORROW.

OK, AND THEN ALONG WITH THAT, I'D LIKE TO SEE WHAT IT WOULD TAKE FOR YOU TO EXECUTE BECAUSE YOU COMING BACK AND THEN THERE'S COST ANALYSIS, I'M SURE THERE'S GOING TO BE A COST BECAUSE WE'RE NOT GOING TO HAVE OUR OWN STAFF.

YOU'VE ALREADY MADE THAT CLEAR.

BUT AT LEAST MAYBE GETTING THIS MOVING IN THAT DIRECTION WHERE WE DON'T HAVE TO COME AND DEAL WITH THIS AGAIN. WELL, CERTAINLY I'LL I'LL NEED TO BRING IN AGENDA MEMO TO YOU SIMPLY BECAUSE WE DON'T HAVE FUNDING SET ASIDE FOR THIS PARTICULAR TASK.

AND SO I HAVE TO BRING THAT TO YOU AS PART OF A NORMAL AGENDA PROCESS.

CERTAINLY, YOU KNOW, OBVIOUSLY THE CITY ATTORNEY'S OFFICE CAN START WORKING ON THE BEHIND THE SCENES. THEY'VE ALREADY BEEN WORKING ON SOME OF THIS ANYWAY.

SO THAT CAN STILL BE MOVING.

BUT WE WILL BRING YOU SOMETHING AT THE NEXT MEETING ANYWAY, WHETHER, YOU KNOW, WHATEVER

[01:55:04]

YOU'LL BE DOING A COST ANALYSIS BY NEXT MEETING.

THAT'S THE PLAN. YOU'RE RIGHT.

YOU'LL HAVE THE COST ANALYSIS.

RIGHT. AND WE'LL HAVE EVERYTHING ELSE.

WILL YOU BE FILING THAT PAPERWORK BEFORE OUR NEXT MEETING? IMPINGE UPON WHAT COUNCILMAN IS A LAWSUIT ON BEHALF OF THE CITY, IF OUTSOLE AUTHORIZES THE ME AND MY OFFICE TO PURSUE LITIGATION.

CERTAINLY MY ATTORNEYS WILL WORK ON GETTING THE PETITION FILED AND WILL FILE ON BEHALF OF THE CITY AS SOON AS IT IS READY.

BUT. WE WON'T FILE LITIGATION ON BEHALF OF A CITY UNLESS I AM ACTUALLY AUTHORIZED BY COUNSEL. OK, AND SO SO I GUESS THAT'S WHERE I WASN'T CLEAR BEFORE.

DID YOU RECEIVE THAT CONSENSUS BEFORE TO TO MOVE FORWARD WITH THE FILING? IF I DID, IT WAS I DID NOT GET THAT UNDERSTANDING, IT WAS MY UNDERSTANDING, AND I APOLOGIZE IF I MISUNDERSTOOD, IS THAT WE WERE GOING TO PRESENT AT THE NEXT MEETING THE CASES IN WHICH WE THOUGHT THAT THE CITY SHOULD SEEK AUTHORIZATION FROM COUNCIL TO FILE UPON IN THE CITY MATTER OR WOULD ALSO PRESENT TO COUNCIL WITHOUT THE CASES WHAT OUR BASIS WAS AND WHAT THE COST WAS.

SO THAT COUNCIL WOULD HAVE ALL THAT INFORMATION AND WE WOULD SEEK THE AUTHORIZATIONS FOR THOSE CASE US CASES ALL AT ONCE AT THE NEXT MEETING.

BUT IF COUNCIL HAD AUTHORIZED IT, I JUST DID NOT GET THAT INTO THE.

IMPRESSION AND SO, NO, I DID NOT THINK AT THIS POINT THAT I HAD ALREADY BEEN AUTHORIZED TO DO SO. OK, COPY THAT.

I GUESS THAT'S WHERE I WAS A LITTLE I WAS I RECEIVED IT A LITTLE DIFFERENT WITH WHAT I HEARD FROM COUNSEL. WHERE YOU GOING TO WEIGH IN? COUNCILMAN. FOSTER. YEAH, THAT'S THAT'S WHY I ASKED THE CITY.

THAT'S WHY. I ASKED MY QUESTION BECAUSE I WAS CONFUSED.

AND ARE WE FOLLOWING A COURT ORDER OR OR ARE WE NOT? THAT'S WHY I WAS CONFUSED.

BUT NOW THAT YOU CLARIFY, WE'RE NOT FILING ANYTHING UNTIL YOU GET AUTHORIZATION.

AND I WAS READY TO FILE THE SECOND THAT THEY AFTER THEY FINISHED SPEAKING.

BUT, YOU KNOW, IT'S UP TO THE COUNCIL, SO I'M A LITTLE CLEAR NOW.

THANK YOU. AND SO AM I.

I JUST THOUGHT THERE WAS CONSENSUS WHERE WE WERE GOING TO FILE, WE WERE JUST WAITING ON THE STAFF COMPONENT TO IT WITH THE FINANCING OF, YOU KNOW, CLEANING UP THE NEIGHBORHOOD.

THAT'S WHERE I WAS AT. SO I YOU KNOW, I TOOK THAT FOR GRANTED, I GUESS.

BUT I STILL I'M A MAN.

I MEAN, I REALLY FEEL THAT WE NEED TO PROVIDE RELIEF TO THIS NEIGHBORHOOD AND THAT THAT'S. THAT'S PART OF MY CONSENSUS, SO AT LEAST I'VE GOT THERE'S TWO COUNCIL MEMBERS HERE THAT ARE LOOKING TO PROVIDE RELIEF AND PROVIDE THAT.

FROM WHAT I UNDERSTAND, I DON'T KNOW COUNCILWOMAN FOSTER.

BUT I'M TRYING TO READ YOU.

YOU READ ME, RIGHT.

SO SO I'VE GOT TO.

ARE THERE ANY OTHER PART OF THE COUNCIL MEMBERS ON.

AND I THANK YOU.

I THINK WE ALL, TO SOME TO SOME EXTENT IN AGREEMENT, EVERY MEMBER, EVERY ONE OF US, ALTHOUGH I DIDN'T SAY ANYTHING, BUT MY UNDERSTANDING IS THAT STAFF WANT THE NEXT TWO WEEKS TO BRING, TO DRAW, TO BE ABLE TO DRAFT A PETITION SO WE CAN PUT OUR STAMP OF APPROVAL, MOVE FORWARD WITHOUT THE LANGUAGE OR THE PETITION STRONGLY SUGGESTS THAT THE DIRECTION WE WANT TO MOVE, THAT THAT'S WHAT BEING THE TIME FRAME AS COUNCILMAN BAILEY IS TOUCH ON EARLIER.

I THINK ONCE THAT IT'S DRAFTED, WELL, WOULD HE PRETTY MUCH GIVE THE OK, WE JUST GET TO, YOU KNOW, WITHOUT THAT DOCUMENT OR THAT LANGUAGE BEING DRAFTED.

CAN I JUST WOULD YOU KNOW, THEY CANNOT DO IT TOMORROW.

IT HAS TO BE AWARDED ON THE NEXT AGENDA ITEM, NEXT MEETING BEFORE WE CAN MOVE FORWARD.

I THINK THAT I UNDERSTAND WE ALL WILL FEEL THE SAME.

I AGREE.

I MEAN, I'VE I'VE DRIVEN SOME OF THOSE STREETS.

I GET UPSET JUST SEEING WHAT GOES ON IN PEOPLE'S YARD.

I'M VERY.

I BE UPSET, I COULDN'T IMAGINE.

IN FACT, I WILL TAKE ALL I CAN DO RIGHT BY DRIVE BY, I WILL BE CHECKING IT OUT, BUT I

[02:00:04]

BUT I.

BUT BUT YEAH. NO, NO, THAT'S WHAT I UNDERSTAND.

IT'S FOR THEM TO BRING IT FORWARD NEXT AGENDA ITEM SO WE CAN VOTE ON IT.

COUNCILMAN FOSTER. I THINK I JUST WANT TO.

SAY SOMETHING. WE GO AUTHORIZE HER TO GO FORWARD WITH THE COURT ORDER OR WHATEVER INJUNCTION WE COULD PUT ON IT AND NOT GIVE A TIMEFRAME TO GET IT DONE BY THE END OF THIS WEEK, WHICH IS TOMORROW.

I'M JUST SAYING GO FOR IT.

ONCE YOUR LEGAL TEAM IT, THE LEGAL DUE DILIGENCE, THE FOLLET WALLET BEFORE WE COME BACK FOR A MEETING, THAT'S THAT'S HAD NOTHING TO DO WITH COSTS AS FAR AS GETTING A CREW OUT THERE TO MOVE ALL THAT JUNK.

OUT THE WAY, THAT'S A LEGAL MATTER, I BELIEVE, IN MY RIGHT.

YES, CERTAINLY WE CAN MOVE FORWARD AS FAR AS IF IT IS COWSILLS DESIRE THAT HOUSEL WANTS TO PURSUE LITIGATION IRRESPECTIVE OF WHAT THE COSTS MAY BE.

AND YOU CERTAINLY COUNSEL CAN DIRECT ME TO, YOU KNOW, PURSUE THE LITIGATION.

IT WAS. YES.

AND WORK IN CONJUNCTION WITH THE CITY MANAGER.

ENJOY. IF I DO ONE THING, IT AFFECTS HER BECAUSE THERE'S A BUDGET.

SO WE WERE WORKING TOGETHER SO THAT WHEN COUNSEL MAKES THIS DECISION, THAT COUNCIL HAS, YOU KNOW, AS MANY FACTS AS POSSIBLE BECAUSE THERE IS A LEGAL PROCESS.

AND WITH EVERYTHING, THERE IS SOME BUDGETARY CONCERNS AS WELL.

THAT'S JUST FROM A PRAGMATIC STANDPOINT AND CONSIDERING ALSO THAT WE HAVE THIS WE'RE TALKING ABOUT AUDIT FINDINGS NEXT THURSDAY, ONE OF THE THINGS THAT WAS IN THE AUDIT WAS, YOU KNOW, THEY KIND OF BLASTED US, YOU KNOW, US FOR SOME THINGS WHERE THEY FELT LIKE COUNCIL SHOULD HAVE BEEN PROVIDED MORE INFORMATION BEFORE THEY ACTUALLY VOTED UPON CERTAIN THINGS. AND WE COULD HAVE DID BETTER AT COMMUNICATING THAT.

SO WHAT WE ARE TRYING TO DO IS MAKE SURE THAT WHEN WE TELL COUNCIL, LET'S DO THIS COUNCIL KNOWS THAT AT THE TIME, NOT WHILE.

YEAH, WE'RE GOING TO HAVE, YOU KNOW, LEGAL FILE THIS.

AND THEN LATER ON, YOU GUYS FIND OUT.

THIS IS THIS PRICE TAG ON THIS AND OR THAT.

YOU KNOW, WE'RE DOING THIS ONE, BUT WE'VE GOT LIKE FIVE OTHER.

AND THIS IS THE TOTAL PRICE TAG.

OR, YOU KNOW, BECAUSE CERTAINLY IF YOU.

IF COUNCIL DECIDES, HEY, WE'RE DOING THIS, DOES COUNCIL WANTS TO DO THIS ONE SEPARATE AND JUST WE'RE GOING TO GO ON THIS ONE AND THEN LATER ON BRINGING THE BEST POSSIBLE CASES AND WE WILL DETERMINE THEN WHAT THE STATUS BY WHICH THE CITY IS GOING TO GET INVOLVED AND PURSUE THESE CASES AND PAY FOR REMEDIATION IS JUST.

SEEMS MORE FAIR TO COUNSEL TO MAKE SURE THAT YOU ALL HAVE AS MUCH INFORMATION AS POSSIBLE WHEN YOUR VOTE IN PUBLIC RESOURCES TO THESE TYPE OF CASES, BECAUSE WE'RE NOT.

WANT TO BE ABLE TO PROBABLY LITIGATE EVERY POSSIBLE CASE, SO THEY'RE GOING TO BE SOME CHOICES YOU ALL HAVE TO MAKE, MORE LIKELY NOT.

WE'RE GOING TO COME UP WITH A LIST THAT, YOU KNOW, THAT THE CITY MANAGER THINKS IS THE WORST THAT'S CERTAINLY LEGAL, IS WILLING TO GET BEHIND.

THEY'RE ALL GOING TO HAVE SOME COST.

AND THEN AFTER YOU ALL APPROVED THAT LIST AND WE START WORKING ON IT, THE LEGAL TEAM, SOMEBODY IS GOING TO CONTACT YOU BECAUSE THEY ARE NOT ON THAT LIST.

COPY THAT. OK, SO THAT'S DULY NOTED, MA'AM.

DULY NOTED. SO TWO WEEKS IT IS.

WELL, WE'LL SEE WHAT HAPPENS, WHAT COMES UP WITH THE AGENDA.

A DEPUTY MAYOR JOHNSON YOU WANTED TO WEIGH IN.

YES, THAT WAS IT, RIGHT, THAT THAT CONCLUDES MY REPORTS.

WE'RE IN THE NEW BUSINESS.

[NEW BUSINESS:]

ANY COUNCIL MEMBERS WISHING TO ATTEND CAN ANNOUNCE IT TONIGHT.

ALSO, FOR THOSE THAT ARE ATTENDING, A VOTING DELEGATE NEEDS TO BE APPOINTED BY COUNCIL WITH A MOTION. I I WOULDN'T WANT TO ATTEND THIS ONE.

THIS IS THE NOT ONLY THE LEAGUE OF CITIES, BUT IT'S ALSO THE LEAGUE OF MAYORS.

I'LL BE ATTENDING AS WELL.

I'LL BE ATTENDING ALSO AS WELL.

SO THERE'S FOUR OF THE FIVE COUNCIL MEMBERS THAT ARE ATTENDING.

[02:05:05]

ALL VOTING MEMBER, I SECOND THAT MOTION.

ANY FURTHER DISCUSSION COUNCIL? ALL IN FAVOR, I ANY OPPOSE THIS IS UNANIMOUSLY ADMINISTRATIVE LEGAL REPORTS, MS., SHERMAN

[ADMINISTRATIVE AND LEGAL REPORTS:]

YES. HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL.

I NEED TO SEEK YOUR ADVICE CONCERNING THE FOLLOWING LITIGATION MATTERS.

RESORT TO SECTION TWO EIGHTY SIX POINT ZERO ELEVEN, SUBSECTION EIGHT OR STATUTES.

ELAINE HENRY VS.

CITY OF PALM BAY, CASE NUMBER ZERO FIVE TWENTY EIGHTEEN SEET ZERO FOUR ZERO TWO EIGHT EIGHT CONSOLIDATED WITH LORI ARMSTRONG VS.

CITY OF PALM BAY ZERO FIVE TWENTY EIGHTEEN C ZERO FOUR ZERO TWO FIVE SIX.

NORMAN MASSEE VS.

CITY OF PALM BAY ZERO FIVE TWENTY NINETEEN C A ZERO TWO ZERO FIVE EIGHT ZERO.

AND DAVID MACKEY VS.

CITY OF PALM BAY ZERO FIVE TWENTY TWENTY C A ZERO FOUR SIX FIVE THREE SEVEN.

I'VE COORDINATED A TIME WHEN COUNSEL WAS AVAILABLE THURSDAY, JULY 1ST, 2021, AT 6:00 P.M., THE MEETING SHALL TAKE APPROXIMATELY ONE HOUR.

ATTORNEYS WILL BE MAYOR AND CITY COUNCIL CITY MANAGER SUZANNE SHERMAN, ASSISTANT CITY ATTORNEY RODNEY ATWATER AND CITY ATTORNEY PATRICIA SMITH.

MAN. PUBLIC COMMENTS, THE SPEAKER CALLED ME BIT.

WOOLVERTON 586 OCEAN SPRAY STREET SOUTHWEST, THIS WAS A RELATIVELY QUICK MEETING, WHICH WAS NICE. AND SO I WAS JUST CURIOUS, WHY DO WE HAVE THAT SPECIAL COUNCIL MEETING LAST THURSDAY WHEN WE COULD HAVE GOT BY WITH JUST ONE MEETING AND I FIGURED IT OUT THAT IT WAS JUST WANTED TO SEE ME COME UP HERE AND ADDRESS COUNCIL.

BUT WITH THAT BEING SAID, I.

I UNDERSTAND IT. LET'S HOPE WE DON'T HAVE TO DO IT EVERY EVERY THURSDAY INSTEAD OF TWO TIMES A MONTH. OK, SECOND ITEM.

WHAT'S THE PROCESS OF GIVING THE INVOCATION FOR THE CITY OF PALM BAY, BECAUSE IF POSSIBLE, I'D LIKE TO GIVE THE INVOCATION AT THE NEXT COUNCIL MEETING, IF THAT'S POSSIBLE, IF I GO ABOUT GETTING ON THAT.

ON THAT ROSTER, HOW TO GO ABOUT DOING THAT? AND THEN I'D LIKE TO ADDRESS THE PLEDGE OF ALLEGIANCE, IF POSSIBLE, AFTER I DO THE INVOCATION, IF THAT'S POSSIBLE.

LET ME KNOW, OK? THANK YOU VERY MUCH.

I THINK THAT'S POSSIBLE.

MR. CHIEF, I KEEP PROMOTING YOU, SIR, BUT THAT'S PURPOSEFULLY, SIR.

I KNOW. MAYBE GET HIM ON THE ON THE LIST OR INVOCATION.

THANK YOU. THANK YOU.

AND THE OTHER SPEAKER CARDS BEFORE WE ADJOURN.

DOES ANYONE WANT TO ADDRESS THE COUNCIL THAT'S IN THE AUDIENCE? YOU KNOW, THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.