Nov 14, 2023 Council Meetings - Regular

[CALL TO ORDER]

[00:00:02]

SO. GOOD EVENING.

GOOD EVENING. I'M GOING TO CALL THIS REGULAR COUNCIL MEETING 2023 DASH 29 TO ORDER.

THE INVOCATION WILL BE GIVEN BY PASTOR DAVID CANNON OF GRACE BIBLE CHURCH.

AND THE PLEDGE OF ALLEGIANCE WILL BE LED BY COUNCILMAN KENNY JOHNSON.

ALL RISE. OUR GREAT GOD AND HEAVENLY FATHER, WE.

WE JUST WANT TO REMEMBER THIS TIME OF THE YEAR FOR APPRECIATING YOU AND YOUR BLESSINGS ON US.

FATHER, THIS COUNTRY, THIS STATE, THIS CITY.

BUT FATHER, AS WE'VE JUST REMEMBERED, SOMETHING SO IMPORTANT AS VETERANS DAY TO REMEMBER THE THE VOLUNTEER, THE SACRIFICE, THE THE GIFTS, FATHER, THAT HAVE GIVEN US FOR FREEDOM BY THE SACRIFICES OF SERVICE OF OUR OUR MILITARY. SO, LORD, WE PRAISE YOU AND THANK YOU THAT THAT FOLKS ARE WILLING TO STEP UP AND AND PAY THE PRICE FOR THE FREEDOMS THAT WE ENJOY.

AND LORD, WE KNOW THOSE FREEDOMS DON'T COME FROM OUR GOVERNMENT.

THEY DON'T COME FROM THE FOLKS ON THIS PODIUM HERE.

DICE LORD, THEY COME FROM YOU.

AND WE WANT TO THANK YOU THAT WE ARE FREE PEOPLE.

BUT LORD, WE KNOW WE CAN'T BE BLESSED WITHOUT HONORING YOU.

AND WE ACKNOWLEDGE YOU RIGHT NOW AND ASK THAT WE CAN UNDERSTAND AND AND BE AWARE, FATHER OF YOUR PRESENCE AND AS NOT ONLY AS CREATOR, BUT LORD OF ALL.

AND WE ASK THAT YOU TOUCH OUR HEARTS AND LIVES HERE TODAY, THAT WE WE ACKNOWLEDGE THAT EVERY GOOD GIFT AND EVERY PERFECT GIFT COMES FROM ABOVE AND COMES DOWN FROM THE FATHER OF LIGHTS.

AND SO, LORD, WE ASK THAT YOU GUIDE AND DIRECT AND AND GIVE US THIS REVERENCE, FATHER, FOR YOU, YOUR AUTHORITY, YOUR POWER, YOUR LOVE.

LORD, HELP US TO RESPECT THE THINGS THAT WE HAVE.

AND I PRAY THAT AS THESE SERVANTS MEET TODAY, THIS EVENING, THAT YOU WOULD GIVE THEM GREAT WISDOM, THAT YOU WOULD GUIDE THEM, HUMBLE THEM, LORD, THAT THEY MIGHT SEEK YOU IN THEIR DECISIONS.

WE PRAY THAT YOUR SPIRIT MIGHT REIGN IN EACH HEART, THAT WE MIGHT NOT ONLY RESPECT AND AND THANK YOU FOR THE GIFTS THAT WE'VE RECEIVED, BUT WE MIGHT HAVE A LOVE AND RESPECT FOR ONE ANOTHER IN THIS ROOM, THAT WE TREAT ONE ANOTHER THAT WAY, AS YOU WERE PLEASED TO HAVE US DO SO, LORD, WE JUST TRUST THAT YOU WILL USE THIS TIME FOR YOUR GLORY.

AND WE WANT TO THANK YOU ESPECIALLY THAT WE CAN COME TO YOU IN THE NAME OF OUR LORD JESUS CHRIST.

AND HIS NAME WE PRAY.

AMEN, AMEN, AMEN.

PLEASE TURN AND FACE THE FLAG.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

MADAM JONES, MAYOR MEDINA.

PRESIDENT. DEPUTY MAYOR FELIX HERE.

COUNCILMAN. JOHNSON HERE.

COUNCILMAN FOSTER IS ATTENDING BY PHONE.

COUNCILMAN. FOSTER. MISS SHERMAN HERE.

MR. RODRIGUEZ HERE.

THANK YOU MA'AM. DEPUTY MAYOR.

ANNOUNCEMENTS. THANK YOU. MAYOR.

[ANNOUNCEMENTS]

ONE TERM EXPIRING.

LET'S TRY THAT AGAIN. ONE TERM EXPIRING ON THE BAYFRONT COMMUNITY REDEVELOPMENT AGENCY REPRESENTS A LARGE POSITION.

THREE TERMS EXPIRING AND ONE VACANCY ON THE DISASTER RELIEF COMMITTEE EXECUTIVE BOARD.

ANYONE WISHING TO SERVE ON THESE BOARDS CAN APPLY ONLINE AT PALM BAY FLORIDA.ORG, OR CAN CONTACT THE CITY CLERK OFFICE AT (321) 952-3414. THANK YOU, DEPUTY MAYOR.

GENDER REVISIONS.

MISS SHERMAN NONE, SIR.

THANK YOU, MISTER RODRIGUEZ.

[AGENDA REVISIONS]

SORRY TO THE PLANNING AND ZONING BOARD MEETING OF DECEMBER 6TH, 2023 AND THE REGULAR COUNCIL MEETING OF DECEMBER 7TH, 2023.

BECAUSE THERE WAS NO MEETING OF THE PLANNING AND ZONING BOARD THIS MONTH BECAUSE THEY LACKED A QUORUM.

SO THAT WOULD BE AGENDA ITEM NUMBER FOUR, THE REQUEST BY SUNRISE PLAZA ENTERPRISE FOR CONDITIONAL USE TO ALLOW RETAIL AUTOMATIC AUTOMOTIVE GAS FUEL SALES IN THE NEIGHBORHOOD NEIGHBORHOOD COMMERCIAL DISTRICT.

[00:05:02]

ALSO THE REQUEST BY AZZAD BUSINESS CORPORATION FOR CONDITIONAL USE TO ALLOW OUTDOOR SEATING AT A PROPOSED DINING ESTABLISHMENT IN THE BAYFRONT MIXED USE VILLAGE DISTRICT.

ITEM NUMBER SEVEN. THE REQUEST BY DIAZ TREASURES, LLC TO AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO CHANGE THE DESIGNATED USE OF PROPERTY LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD IN THE VICINITY, WEST OF THE MELBOURNE TILLMAN DITCH DRAINAGE DISTRICT.

CANAL SEVEN FROM ONE UNIT PER ACRE TO COMMERCIAL USE.

ITEM NUMBER EIGHT, WHICH IS ALSO A REQUEST BY DIAZ TREASURES, LLC TO REZONE PROPERTY LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD.

THIS IS A ZONING CHANGE FOR THE SAME PROPERTY TO GO FROM AGRICULTURAL RESIDENTIAL BREVARD COUNTY ZONING TO CITY'S COMMUNITY COMMERCIAL DISTRICT.

ITEM NUMBER NINE, WHICH IS A REQUEST BY THE CITY TO AMEND THE COMPREHENSIVE PLAN LAND USE MAP TO CHANGE THE DESIGNATED USE OF PROPERTY LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD AND THE VICINITY SOUTHWEST OF SAINT JOHNS HERITAGE PARKWAY AND WEST OF MELBOURNE.

TILLMAN DRAINAGE DISTRICT CANAL NUMBER SEVEN FROM RESIDENTIAL ONE UNIT PER ACRE, WHICH IS BREVARD COUNTY'S LAND USE DESIGNATION TO COMMERCIAL USE, AND ALSO THEN FINALLY ITEM NUMBER TEN, WHICH IS THE REQUEST OF THE CITY TO FOR THAT SAME PROPERTY, AN ITEM NUMBER NINE TO CHANGE THE ZONING FROM A TO AGRICULTURAL RESIDENTIAL BREVARD COUNTY ZONING DISTRICT TO THE COMMUNITY COMMERCIAL DISTRICT.

SO THOSE ITEMS HAVE BEEN RESCHEDULED AND ARE NOT ON THE AGENDA FOR TONIGHT.

THANK YOU, MR. RODRIGUEZ.

WE ARE NOW ON PROCLAMATIONS AND RECOGNITIONS.

[PROCLAMATIONS AND RECOGNITIONS]

I WAS EXPECTING TO SEE YOUR LOVELY WIFE.

AND. YES. BUT ANYWAY, HERE WE HAVE A WAR HERO WITH US.

AMONG US. THIS GENTLEMAN'S NAME IS MARK GRAY.

THE CITY OF PALM BAY ACTUALLY RAISED THE FLAG IN HIS HONOR FOR HIS SERVICE.

HE'S A PURPLE HEART RECIPIENT.

AND WE RAISED THE FLAG ON VETERANS DAY.

HOW APPROPRIATE WAS THAT? HE WAS ABLE TO TAKE A PHOTO OPPORTUNITY WITH HIS FAMILY AS THE FLAG WAS BEING RAISED BY OUR STAFF, AND HE'LL ALWAYS CHERISH THAT.

BUT MOREOVER, I LIKE FOR HIM TO DISCUSS A LITTLE BIT ABOUT HIS SERVICE.

I'D LIKE FOR HIM TO DISCUSS A LITTLE BIT ABOUT THE SACRIFICES THAT HE ENDURED AS AN OIF VETERAN.

AND SO THIS IS MARK GRAY.

MARK, WE FLEW THIS FLAG AND YOU'RE ON IT.

HONOR OF THE SERVICE THAT YOU RENDERED THE UNITED STATES OF AMERICA.

SO HERE YOU HAVE A FLAG THAT WAS LITERALLY FLOWN AND YOU SAW IT.

YOU WITNESSED IT.

AND HERE'S THE CERTIFICATE, BROTHER.

AND I LIKE FOR YOU TO SHARE A LITTLE BIT ABOUT YOUR SERVICE, BROTHER.

THANK YOU.

WELL. GOOD EVENING.

NICE TO BE HERE. THANK YOU.

THIS IS TRULY AN HONOR.

WELL, I ENLISTED IN NOVEMBER.

DECEMBER 27TH, 2005.

PUBLIC COMMENT. NO THANKS THOUGH.

THAT WAS MY WIFE AND MY DAUGHTER AND I DECIDED TO JOIN THE MILITARY.

I LEFT MY DAUGHTER.

SHE WAS SIX MONTHS OLD WHEN I LEFT AND.

THIS IS LINDSEY AND ATHENA.

THIS BEAUTIFUL FAMILY FROM PALM BAY CARRY ON AND WELL WHEN OVERSEAS.

BOOTS ON GROUND DECEMBER 4TH, 2006.

WE WERE THERE FROM ZERO 7 TO 0 NINE.

YES. DECEMBER 4TH WE WERE TORCH.

THEN I WAS WITH A MEDICAL COMPANY.

I LEARNED HOW TO OJT WITH MEDICALS.

WE DECIDED TO TEACH THE IRAQI ARMY COMBAT LIFESAVERS THAT GUNSHOT WOUNDS LOSE A BODY LIMB.

WE CAN PATCH YOU UP, GET YOU BACK OUT THERE READY FOR THE FIGHT.

MATSUKO CAME IN.

A COUPLE OF BUDDIES DIED.

DECIDED TO WANTED SOMETHING BIGGER.

OJT WITH EOD EXPLOSIVE ORDNANCE DISPOSAL.

WE TOOK ABOUT A LOT OF BOMBS THAT A LOT OF A LOT OF COOL THINGS OVER THERE SAVED A LOT OF PEOPLE.

DECEMBER 8TH, 2008.

I GOT BLOWN UP AT A BOMB.

ONWARD ALONG, SO I DIED THREE TIMES.

THEN. WELL, EXCUSE ME, X RAY TECH, BELIEVE IT OR NOT.

[00:10:02]

WE MET AT WALTER REED, THE ORIGINAL ONE.

THEN LONG STORY SHORT, WENT TO HAWAII.

LEFT HAWAII. ENDED UP GOING BACK TO WALTER REED AGAIN.

THAT'S WHERE WE MET AGAIN.

THEN WE GOT MARRIED.

THEN WE HAD THIS LITTLE THING RIGHT HERE THAT'S CALLED ATHENA.

SHE'S AWESOME AND RETIRED 2017.

MOVED DOWN HERE. NOW I'M HERE WITH YOU GREAT PEOPLE.

THANK YOU. THANK YOU.

SIR. SIR. SIR. OKAY.

LET'S SEE YOU AGAIN.

HEY, GUYS. THANK YOU GUYS.

THANK YOU. OH! THAT'S CRAZY. THANK YOU.

YOU'RE WELCOME. THANK YOU.

I BELIEVE WE HAVE A.

DEPUTY MAYOR. MR. BILL BATTEN.

BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I'M GLAD TO SEE THE CITY RECOGNIZE THE MOST PERSECUTED GROUP OF PEOPLE IN THE UNITED STATES.

THEY WERE HARMED BY THE ANGLOS.

THEY WERE HARMED BY THE SPANISH, AND THEY WERE HARMED BY THE BLACKS.

I POINTED THIS OUT LAST YEAR WHEN THEY WERE NOT RECOGNIZED.

I AM GLAD TO SEE MY COMMENTS DID NOT FALL ON DEAF EARS.

THANK YOU VERY MUCH.

I APPRECIATE IT.

THANK YOU. SO I'D LIKE TO ASK CLAIRE ELLIS TO COME ON UP AND AND.

YES, YES, BRING BRING THE WHOLE TEAM.

BRING THE WHOLE TEAM. SO THIS IS A PROCLAMATION FOR.

COME ON UP HERE, CLAIRE.

DON'T BE SHY. THIS IS A PROCLAMATION FOR NATIVE OR NATIONAL NATIVE AMERICAN HERITAGE MONTH, NOVEMBER 2023.

WHEREAS DURING NATIVE AMERICAN HERITAGE MONTH, WE CELEBRATE THE STORIED LEGACY OF THE AMERICAN INDIANS AND ALASKA NATIVES IN OUR NATION.

THEIR CHERISHED LEGACY, RICH CULTURES, AND HEROIC HISTORY OF MILITARY SERVICE.

WHEREAS NATIVE AMERICAN AWARENESS WEEK BEGAN IN 1976 AND RECOGNIZED WAS EXPANDED BY PRESIDENT GEORGE H.W.

BUSH AUGUST OF 1990, DESIGNATING THE MONTH OF NOVEMBER AS NATIONAL AMERICAN INDIAN HERITAGE MONTH.

AND WHEREAS FLORIDA CONSULTS.

WITH SIX FEDERALLY RECOGNIZED TRIBES AFFILIATED WITH FLORIDA THE MUSKOGEE TRIBE OF INDIANS OF FLORIDA, THE MISSISSIPPI BAND OF CHOCTAW INDIANS, THE MUSCOGEE CREEK INDIANS, THE POUCH BAND OF CREEK INDIANS, THE SEMINOLE NATION OF OKLAHOMA, AND THE SEMINOLE TRIBE OF FLORIDA.

AND WHEREAS DURING WORLD WAR TWO, SKILLED NATIVE NATIVE AMERICANS KNOWN AS CODE TALKERS, UNITED STATES MARINES USE THE NAVAJO LANGUAGE TO TRANSMIT TOP SECRET INFORMATION TO ALLIED FORCES, AND NATIVE AMERICANS CONTINUE TO SERVE IN IN OUR ARMED FORCES WITH DISTINGUISHED COMMITMENT AND VALOR IN DEFENSE OF OUR NATION.

AND WHEREAS APPROXIMATELY 60% OF WHAT WE TODAY WAS ORIGINALLY DOMESTICATED BY NATIVE AMERICANS.

NOW, THEREFORE, I ROB MEDINA, DO HEREBY PROCLAIM THE MONTH OF NOVEMBER AS NATIONAL NATIVE AMERICAN HERITAGE MONTH IN THE CITY OF PALM BAY AS A TIME TO CELEBRATE THE CULTURE, CULTURAL TRADITIONS AND PROUD ANCESTRY OF NATIVE AMERICANS AND RECOGNIZE THEIR CONTRIBUTIONS TO OUR NATION AND WITNESS HEREOF.

I HAVE SET MY HAND AND CAUSED THE SEAL OF THE CITY OF PALM BAY TO BE AFFIXED THIS 14TH DAY OF NOVEMBER, 2023.

CLAIRE. CONGRATULATIONS.

FIRST, I WOULD JUST LIKE TO ADD ONE MORE THING ABOUT NATIVE AMERICANS.

BY ETHNICITY, THEY HAVE THE HIGHEST ENROLLMENT IN THE ARMED FORCES TODAY.

THEY LOVE THEIR COUNTRY.

[00:15:01]

LET ME GO. OH THAT'S GOOD.

THE NATIVE RHYTHMS FESTIVAL WAS OUR 15TH YEAR.

IT WAS BEAUTIFUL.

THE WEATHER WAS BEAUTIFUL.

WE HAD MANY, MANY THOUSANDS OF PEOPLE ATTEND OVER THE THREE DAYS.

THERE WAS A NATIVE VILLAGE, INCREDIBLE PERFORMERS, WORKSHOPS, VENDORS, EVERYTHING INFORMING THE PUBLIC, ENJOYING THE DAY, ALL ABOUT NATIVE AMERICANS AND THEIR CULTURE.

SO WE HAVE IT EVERY YEAR, THE SECOND WEEKEND OF NOVEMBER.

SO NEXT YEAR, PUT IT ON YOUR CALENDAR FROM NOW AND WE'D LOVE TO HAVE YOU COME AND ATTEND THE NATIVE RHYTHMS FESTIVAL AT WICKHAM PARK IN MELBOURNE, FLORIDA, AND WE LOOK FORWARD TO IT.

IT'S A FUN EVENT.

WE LIKE TO.

IT'S FAMILY FRIENDLY.

THERE AREN'T MANY EVENTS THAT ARE FOR THE WHOLE FAMILY THAT THEY CAN LEARN, HAVE FUN, ENJOY AND JUST BE HAPPY.

AND THAT'S WHAT WE'RE ALL ABOUT.

THANK YOU. SUSAN, WOULD YOU LIKE TO ADD ANYTHING? ALSO, IT IS FREE OF CHARGE.

SO OFTENTIMES WE GO OUT INTO THE COMMUNITY.

WE LOOK FOR SPONSORSHIPS SO WE CAN PARTNER WITH EVERYBODY AND KEEP THE KEEP IT TO WHERE WE CAN OFFER THIS TO THE PUBLIC AT NO.

WITH NO ADMISSION CHARGE, NO PARKING CHARGE.

AND WE HAVE IT'S A GREAT TIME TO COME AND DO YOUR CHRISTMAS SHOPPING.

WE HAVE VERY, VERY UNIQUE VENDORS THAT COME FROM ALL OVER THE COUNTRY WITH THEIR THEIR BEAUTIFUL ARTISANS, THEIR WORK, THEIR FLUTES, MOSTLY A LOT OF FLUTES.

IT'S A REALLY WONDERFUL FESTIVAL.

SO PUT IT ON YOUR CALENDAR FOR NEXT YEAR.

AND PERHAPS SOME OF YOU DID ATTEND THIS YEAR, BUT IF NOT, WE'LL GET THEM.

WE'LL GET THE MESSAGE OUT TO HAVE AS MANY PEOPLE AS POSSIBLE ENJOY IT.

THANK YOU. AND I'LL JUST ADD ONE MORE THING.

EVERY YEAR WE HAVE A DIFFERENT LOGO.

THIS YEAR WAS THE AMERICAN BUFFALO, AND WE ALWAYS HAVE THE SHIRTS TO MATCH OUR LOGO EVERY YEAR.

AND THIS YEAR WAS INCREDIBLE.

EVERYBODY LOVED IT.

THERE WASN'T A SHIRT LEFT AT THE END OF THREE DAYS.

THANK YOU. LET'S GET CLOSER.

BUT.

THANK YOU VERY MUCH. THANK YOU.

THANK YOU. GOOD TO SEE YOU.

CONGRATULATIONS, MA'AM.

THANK YOU, THANK YOU.

SO NOW WE'RE ON PUBLIC COMMENTS, DEPUTY MAYOR.

[PUBLIC COMMENTS/RESPONSES]

MR. DANIEL O'BRIEN.

THANK YOU. THIS EVENING.

DANIEL O'BRIEN. I'M A RESIDENT HERE IN PALM BAY, FLORIDA.

LAST MEETING I ALSO PRESENTED A PRESENTATION OR SOME COMMENTS TO THIS EVENING.

I WANT TO ADDRESS THE AIR AND FAILING TO GIVE PROPER NOTICE TO THE QUANTIFIABLE AND KNOWN PROPERTY OWNERS OF THIS GREAT CITY WHO ARE MATERIALLY AFFECTED BY THE ENACTMENT OF ORDINANCE 2023.

DASH 1001 MANDATORY SEWER AND WATER CONNECTIONS.

TO START WITH, I LOVE KING SOLOMON'S WISDOM.

WELL, TRULY THE LORD'S WISDOM.

BUT IT'S KING SOLOMON'S PEN, THAT SCRIBE.

THERE IS A TIME FOR EVERYTHING AND A SEASON FOR EVERY ACTIVITY UNDER THE HEAVENS.

A TIME TO BE BORN AND A TIME TO DIE.

A TIME TO PLANT AND A TIME TO UPROOT.

A TIME TO KILL AND A TIME TO HEAL.

A TIME TO TEAR DOWN AND A TIME TO BUILD.

CONTINUING THIS PATTERN, I FIND MYSELF THINKING, IF KING SOLOMON WAS A LAWYER, A LEGISLATOR, OR A JUDGE CONSIDERING THIS MATTER, HE MIGHT SAY THAT THERE IS A TIME FOR PUBLIC NOTIFICATION AND A TIME FOR INDIVIDUAL NOTIFICATION.

LET ME EXPLAIN WITHOUT GETTING MIRED IN THE LEGALESE.

PUBLIC NOTIFICATION IS WHAT IS REQUIRED FOR THIS BOARD TO ENACT EACH AND ALL NEW ORDINANCES.

ORDINANCES. A PUBLIC NOTIFICATION IS POSTED ON A WEBSITE PUBLISHED IN A NEWSPAPER.

FOR ANYONE WHO CHOOSES TO FIND OUT, THERE ARE SPECIFIC PROCEDURES THAT MUST BE FOLLOWED IN REGARD TO HOW, WHEN, AND WHAT TO SAY.

AS THE NAME IMPLIES, PUBLIC NOTIFICATION ANNOUNCES TO THE PUBLIC ALL NEW ORDINANCES AND CHANGES REQUIRE PUBLIC NOTIFICATION ONLY.

[00:20:09]

INDIVIDUAL NOTIFICATION IS DIFFERS IN THAT MAIL IS SENT DIRECTLY TO A PROPERTY OWNER WHEN A PENDING CHANGE OR ADDITION TO ORDINANCES HAVE A MATERIAL IMPACT TO A SPECIFIC REAL PROPERTY.

AS THE NAME STATES, INDIVIDUAL NOTIFICATIONS ANNOUNCES TO SPECIFIC INDIVIDUALS.

THE QUESTION THEN BECOMES DOES ORDINANCE 2023 1001 REQUIRE THE CITY COUNCIL, THE CITY CLERK, THE ATTORNEY, AND OTHER CITY STAFF TO HAVE THE ADDITIONAL BURDEN OF PROVIDING INDIVIDUAL NOTIFICATION VERSUS A GENERIC PUBLIC NOTIFICATION.

I CONTEND THAT PUBLIC NOTIFICATION, WHILE COMPLYING WITH THE PUBLIC NOTIFICATION REQUIREMENTS, FAILED TO CONVEY THE MATERIAL IMPACT OF THE 3410 PROPERTY OWNERS AFFECTED. THIS PUBLIC NOTICE IS MUTE ON THE SUBSTANCE AND IMPACT OF THIS ORDINANCE.

NOTHING IN THE PUBLIC NOTIFICATION ADDRESSES THAT PROPERTY OWNERS WITH FUNCTIONAL WELLS AND SEPTIC SYSTEMS WILL NEED TO ALTER THEIR STATUS QUO.

CONSPICUOUSLY MISSING FROM THIS PUBLIC NOTIFICATION IS FINANCIAL CONSEQUENCES, AND THE ORDINANCE TO THE ORDINANCE.

OF THESE 3410 WANKERS AND ANCHORS.

FOR THOSE WHO DON'T KNOW, A WANKER IS A PROPERTY OWNER WITH WATER AVAILABLE AND NOT CONNECTED, AND A SINKER IS THE SAME AS SEWER AVAILABLE AND NOT CONNECTED.

EVEN IF THESE CONNECTIONS WERE COMPLETELY FREE, AN ONGOING SUBSCRIPTION PLAN OF THE BILL LASTS IN PERPETUITY.

I CONSULTED WITH A FEW LOCAL REAL ESTATE PROFESSIONALS AND A CONSENSUS EMERGED.

A PROPERTY IDENTIFIED AS A WANKER OR SINKER IS WORTH LESS THAN A PROPERTY IN SIMILAR CHARACTERISTICS, BUT NOT A WANKER OR A SINKER.

SOMEONE HAS TO BEAR THE BURDEN AND COSTS AND INCONVENIENCE, AND OF THE DISRUPTION OF THE PROPERTY OWNER'S LOT BEING TORN UP, PIPES BEING INSTALLED, SYSTEMS ABANDONED AND LANDSCAPING OBLITERATED.

IF THE EXISTING OWNER HAS NOT COMPLETED THIS WORK, THAT BURDEN FALLS ON THE NEW OWNERS.

THIS HAS BECOME SELF-EVIDENT THAT THESE PROPERTIES ARE WORTHLESS.

THIS IS NOT A THIS IS A TIME FOR INDIVIDUAL NOTIFICATION.

MR. O'BRIEN. THANK YOU.

I PRAY THAT THIS BOARD DOES THE CORRECT THING AND REVERT FROM THEIR ENACTMENT AND SEND OUT PUBLIC OR INDIVIDUAL NOTICES AS REQUIRED.

THANK YOU SIR. MISS.

MRS.. WRIGHT. ISABEL.

WRIGHT.

GOOD EVENING EVERYONE.

MY NAME IS ISABEL WRIGHT.

I'M THE PRESIDENT OF UNITED COALITION COUNCIL AND THE PRESIDENT OF THE FLORIDA HISPANIC CHAMBER OF COMMERCE.

I'M HERE TODAY TO INVITE EVERYONE IN THE CITY OF PALM BAY AND OUR CITY COUNCIL TO COME AND JOIN US ON DECEMBER 9TH AT THE FIRST EVER SALSA WONDERLAND.

THIS EVENT IS A TWOFOLD.

THE FIRST FOLD IS OBVIOUSLY THE MOST IMPORTANT ONE, WHICH IS A FUNDRAISER TO SEND OUR KIDS HISPANIC AND MINORITIES, UNDERSERVED KIDS TO CAMP THIS PAST YEAR.

WE WERE NOT ABLE TO DO SO.

SO IN 2024, WE'RE TRYING TO ACCOMPLISH THAT.

THE SECOND FOLD IS WHEN MISTER LOPEZ PASSED AWAY.

WE HAD HAD THREE AWARDS THAT WE WERE SUPPOSED TO GIVE OUT, AND UNFORTUNATELY, BECAUSE OF LIFE MATTERS, WE COULD NOT DO THAT.

SO WE ARE GOING TO GO AHEAD ON THAT DAY AND HONOR OFFICER MONICA SCHROCK, THE HONORABLE CHRISTINA SANCHEZ SERRANO, OUR JUDGE TERESA EVANSON, WE'RE HONORING THOSE LADIES FOR WOMEN OF EXCELLENCE.

THE SAMUEL C LOPEZ AWARD IS GOING TO BE GIVEN TO JAVIER MOLINA FOR THE ADVANCEMENT OF THE HISPANIC CULTURE AND HERITAGE IN BREVARD COUNTY, AND WE ARE GOING TO HONOR COUNCILMAN KENNY JOHNSON FOR LEADERSHIP AWARD IN PUBLIC SERVICE, WHICH HE WASN'T AWARE OF UNTIL RIGHT NOW.

I WASN'T ABLE TO TELL YOU THAT YOU WERE GOING TO BE RECEIVING THAT AWARD, BUT TODAY WE GOT NOTICED THAT HE'S NOT ABLE TO ATTEND, SO I THOUGHT I'D MAKE IT PUBLIC HERE TODAY.

I AM HOPING THAT THE CITY STEPS UP THIS YEAR AND PROVIDES CAMPS FREE OF CHARGE TO OUR UNDERSERVED KIDS.

WE ARE GIVING A LOT OF MONEY TO THE CITY OF MELBOURNE PAL PROGRAM.

AS YOU ALL KNOW, I AM TERRIBLY AGAINST THAT SINCE WE SHOULD HAVE OUR OWN, BUT THE FUNDING THAT CONTINUES TO GO THERE SHOULD BE COMING HERE.

WE HAVE A LOT OF KIDS IN OUR COUNTY AND OUR CITY THAT NEED MONEY, THAT NEED TO BE ABLE TO GO TO CAMP BECAUSE THEY DON'T HAVE MONEY.

AND I WISH THAT THE MAYOR WOULD SIT DOWN AND PAY ATTENTION TO WHAT I HAVE TO SAY, SINCE IT INVOLVES OUR COUNTY AND OUR CITY.

THIS IS REALLY SOMETHING.

[00:25:02]

YOU'RE STILL MY MAYOR.

I'M A VOTER, AND I HAVE FOUR BUSINESSES IN THE CITY.

AND I DEMAND YOUR RESPECT, JUST LIKE I GIVE IT TO YOU.

THANK YOU FOR YOUR TIME.

THE NEXT SPEAKER, MR. BATTEN. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I HAVE TWO ITEMS TO ADDRESS UNDER PUBLIC COMMENTS.

THE FIRST ONE WAS.

NICE JOB ON THE VETERANS DAY PARADE.

THAT'S A PARADE THAT I.

I CAN'T SAY I ENJOY IT THE MOST, BUT THAT'S WHERE I GET THE MOST BANG FOR MY BUCK, BECAUSE I GET TO TALK TO A LOT OF PEOPLE THAT.

I HAVE THE MOST RESPECT FOR AT THAT PARADE.

SO GOOD JOB.

THANK YOU VERY MUCH.

ITEM NUMBER TWO IS THE OVERGROWTH ALONG GAYNOR ROAD.

FIRST YOU BROKE, YOU TOOK THE CITY VOTED TO TAKE DOWN THE BERM THAT MINIMIZE THE AMOUNT OF TRAFFIC THAT WAS ON GAYNOR ROAD.

AND NOW THE OVERGROWTH ON GAYNOR ROAD IS SO SEVERE THAT YOU CANNOT EVEN SEE THE SPEED LIMIT SIGNS.

SO THAT'S THAT'S PROBABLY WHY THE PEOPLE ARE DOING 80 INSTEAD OF 30 DOWN A DOWN A NON COLLECTOR ROAD.

SO MY SUGGESTION IS SINCE YOU HAVE ACCESS TO THE PROPERTY, NOW THAT YOU GO AHEAD AND GET THE STREET SIGN CLEARED UP TO WHERE PEOPLE CAN AT LEAST SEE THAT THEY'RE SPEEDING, THANK YOU VERY MUCH.

THANK YOU. MR. ROY YOUNG.

GOOD EVENING, ROY YOUNG, 1077 JUPITER BOULEVARD, PALM BAY, FLORIDA.

UH, THAT'S SEVERAL QUESTIONS FOR YOU.

ONE I'D LIKE YOU TO ANSWER.

WHY DID YOU CHANGE THE SIZE OF METAL BUILDINGS? SHH. DOWN TO 300FT².

AND YOU CAN CARRY ON WITH YOU HAVE THREE MINUTES OR CARRY ON.

AND THEN WHEN I GO TO APPLY FOR A PERMIT, I'M TWO MONTHS OUT JUST WAITING FOR YOU TO REVERSE THIS ISSUE.

I DON'T I'M NOT GETTING A SHED.

THIS IS A BUILDING 1200 SQUARE FEET, 14 FOOT DOORS.

YOU KNOW, ALREADY HAVE MY DRIVEWAY, BUT WE'RE NOT EVEN GOING TO TALK ABOUT THAT.

AND THE CITIZEN HERE UNDER ACCESSORY STRUCTURES.

UH, WHAT I WAS TOLD TODAY, MY SHED SHALL NOT EXCEED 50%.

SHALL NOT. CUMULATIVE SIZE OF ACCESSORY STRUCTURES EXCEED THE PRINCIPAL SIZE OF A LIVING AREA.

BUT PRIOR TO THAT, IT SAYS ACCESSORY STRUCTURES EXCEED THE SIZE OF THE PRINCIPAL STRUCTURE IN A LIVING AREA.

WHERE'S THE WHERE'S HOW LONG IS IT GOING TO TAKE YOU TO CHANGE THIS CLARIFICATION OF THIS? BECAUSE I'M TWO MONTHS OUT, OUT, THOUSANDS OF DOLLARS SITTING HERE WAITING.

JUST WOULD LIKE TO KNOW.

DOES THAT CONCLUDE YOUR COMMENT, SIR? NO NOT REALLY.

OKAY. I MEAN, IT'S JUST I THINK IT'S IRONIC, YOU KNOW, YOU JUST CHANGE IT THE FIRST OF THIS MONTH, THEN YOU'RE SITTING HERE WAITING TO CHANGE THIS.

HOW CAN IT NOT BE CHANGED FASTER? NO, I DON'T WANT TO GET INTO LATER IN THE YEAR.

PRICES GO UP.

MATERIAL COSTS EVERYTHING.

YOU'RE JUST HURTING THE CONSUMER.

AND I'M NOT GOING TO BUILD A CONCRETE BUILDING OR A WOODEN BUILDING.

NEVER BUILD A WOODEN BUILDING DOWN HERE.

DON'T WANT IT TO GET ATE UP BY TERMITES OR ANYTHING ELSE.

CONCRETE BUILDING. THAT'S SEVEN TIMES AS MUCH.

YOU'RE NOT HELPING. YOU'RE NOT HELPING ME.

IT'S ABOUT ALL YOU KNOW, ABOUT ALL I GOT TO SAY.

ALL RIGHT, SIR, AND I HOPE YOU CAN CHANGE IT SOON.

ALL RIGHT, SIR. THANK YOU, MADAM CHAIRMAN.

YES, SIR. HOW CAN WE HELP THIS INDIVIDUAL? I WILL HAVE TO MAKE SURE THAT WE GET BACK TO HIM.

I KNOW THE STAFF WAS WORKING WITH MR. YOUNG, BUT I DON'T HAVE THE ANSWERS TO ALL OF THE QUESTIONS TONIGHT.

BUT WE CERTAINLY WILL FOLLOW UP WITH HIM.

OKAY. ALL RIGHT. THANK YOU.

THANK YOU. NEXT SPEAKER, MR. SHAW. JULIA.

PETROLIA. JULIAN.

OH. CAN YOU PASS ON?

[00:30:02]

I JUST WANT TO MAKE CONTACTS.

HEY, MAN, IT'S TIME FOR THE CAPE FESTIVAL.

THANK YOU. I GOT A KITE.

GOOD EVENING EVERYONE.

GOOD EVENING. SO MY NAME IS ANKUR SHAH, AND I'M THE PRESIDENT OF THE INDIAN ASSOCIATION OF THE SPACE COAST THAT HAS BEEN AROUND FOR 30 YEARS.

I LIKE TO BEGIN WITH WISHING EVERYONE A HAPPY NEW YEAR.

TODAY IS OUR NEW YEAR DAY.

BEFORE YESTERDAY WAS OUR DIWALI, WHICH IS CHRISTMAS IN AMERICA.

SO I WANT TO WISH EVERYONE A HAPPY AND PROSPEROUS NEW YEAR.

WHAT WAS THAT? SAY THAT AGAIN.

DIWALI. DIWALI? YEAH, DIWALI. IT'S A FESTIVAL OF LIGHTS.

SO IT'S VERY SIMILAR TO CHRISTMAS.

WE EXCHANGE GIFTS. IT'S, YOU KNOW, IT'S.

IT'S TIME FOR FAMILIES TO COME TOGETHER AND CELEBRATE THE FESTIVAL TOGETHER.

SO THE REASON I'M HERE IS LAST YEAR, JANUARY, WE MOVED OUR ASSOCIATION TO PALM BAY, AND THAT IS ONE OF THE BEST DECISION WE MADE. WE ARE GRATEFUL TO THE CITY OF PALM BAY FOR BEING SHOWING THE SUPPORT TO US.

WE ARE HERE TO SEEK THE SAME SUPPORT AGAIN.

WE DID A KITE FESTIVAL PARTNERING WITH THE CITY OF PALM BAY.

THAT WAS OUR FIRST EVENT AND WAS HUGELY SUCCESSFUL.

SO THIS YEAR WE WANT TO COME WITH A BIGGER BANG.

WE ARE LOOKING TO, YOU KNOW, BRING IN MORE PEOPLE FROM OUT OF COUNTY.

WE HAVE BEEN TALKING TO PEOPLE, THEY ARE ALREADY EXCITED ABOUT IT.

AND YOU KNOW WE HAVE ALREADY PLANS TOGETHER.

WE PUT IN THE APPLICATION.

SO CITY HAS EXTENDED THE IN-KIND SERVICE.

BUT THE PURPOSE OF OF US BEING HERE TODAY IS TO SEE IF WE CAN GET SOME FINANCIAL SUPPORT AS WELL, SO WE CAN MARKET IT TO A LARGER GROUP.

IT'S A PERFECT EVENT FOR FOR KIDS, ADULTS, SENIORS.

THERE IS A LOT OF ACTIVITIES THAT GOES ON.

YOU KNOW, THERE IS CULTURAL DISPLAY.

WE LIKE TO MAKE THIS EVENT A YEAR, EVERY EVENT EVENT EVERY YEAR RIGHT HERE IN PALM BAY.

SO IF I CAN COUNT ON YOUR SUPPORT, THAT'S THAT'S WHAT THE COMMITTEE IS HERE FOR.

WE ARE WORKING VERY HARD TO MAKE THIS EVENT A BIG EVENT FOR THE COMMUNITY AND ALSO FOR PEOPLE TO COME FROM OTHER AREAS.

SO AND THAT'S WHAT WE ARE HERE FOR.

SO IF YOU HAVE ANY QUESTIONS.

I DON'T HAVE QUESTIONS, BUT I KNOW THAT LAST YEAR THEY PARTNERED.

SO MY QUESTION WOULD BE TOWARDS MADAM SHERMAN.

HAVE THEY GONE THROUGH THE PROCESS OF FOR PARTNERSHIPS? MY UNDERSTANDING IS THEY HAVE FILED THE PAPERWORK FOR THE CO SPONSORSHIP REQUEST.

THAT IS CORRECT, AND MY UNDERSTANDING IS THAT THAT WILL BE ON COUNCIL'S AGENDA FOR CONSIDERATION AT THE DECEMBER 7TH MEETING.

SO THAT'S COMING UP FOR CONSIDERATION.

SO SO IS THERE ANYTHING WE NEED TO DO TO TO TO COMPLY OR.

I'LL CERTAINLY HAVE STAFF FOLLOW UP WITH YOU IF THERE'S ANYTHING ADDITIONAL.

BUT IF YOU'VE ALREADY FILLED OUT THE APPLICATION AND THEY'VE KIND OF EXPLAINED TO YOU ALL THE THE REQUIRED PAPERWORK AND YOU'VE ALREADY SUBMITTED THAT, THEN YOU'RE PROBABLY GOOD TO GO. BUT I'LL, I'LL HAVE THEM CIRCLE BACK WITH YOU.

ALL RIGHT. LASTLY I'D LIKE TO CALL YOU COULD COME BACK OKAY.

WHENEVER WE'RE GOING TO DISCUSS IT IS WHAT I THINK THE DIRECTION WOULD BE.

SO LASTLY I'D LIKE TO INVITE EVERYONE TO BE AT THAT EVENT.

IT'S ON JANUARY 21ST RIGHT HERE AT FRED POPPY PARK.

YOU WILL SEND THE FLIERS AND WE'LL HAVE ENOUGH.

ADVERTISEMENT.

IT'S A FREE EVENT, SO I'D LIKE EVERYONE TO BE THERE.

THANK YOU, THANK YOU, THANK YOU, THANK YOU, THANK YOU.

NEXT SPEAKER. THINK THIS WAS THE LAST SPEAKER.

OKAY. COMMENTS. THANK YOU.

SO I WANTED TO TO HAVE OUR CITY ATTORNEY ADDRESS WHAT MR. O'BRIEN WAS DISCUSSING, BUT HE LEFT.

SO I JUST WANT YOU TO IF YOU CAN BRIEFLY FOLLOW UP WITH HIS COMMENTS, MR. RODRIGUEZ. SURE.

IT'S FROM FROM HIS QUESTION.

HE'S ASKING WHETHER THERE WAS A REQUIREMENT FOR THE NOTICES FOR ORDINANCE 2023 101 TO REQUIRE DIRECT MAILING TO EFFECTIVE AFFECTED RESIDENTS. CHAPTER 166 FLORIDA STATUTES GOVERNS THE MINIMUM REQUIREMENTS FOR CITIES TO ADOPT ORDINANCES, AND IT LAYS OUT THE PROCEDURES FOR SUCH AN ADOPTION.

THERE ARE TWO NOTICE PROCEDURES UNDER 166.

THE MAIN ONE IS THE ONE THAT THE CITY MAINLY FOLLOWS, WHICH IS FOR THE ADVERTISEMENT OF PROPOSED ORDINANCES.

HOWEVER, IF AN ORDINANCE AND THIS IS REALLY SUBJECT MATTER LIMITED, IF AN ORDINANCE IS INITIATED BY THE CITY TO CHANGE THE PERMITTED USES IN A ZONING DISTRICT, THEN THAT IS THE LIMITED REQUIREMENT WHERE THE STATUTE REQUIRES AND STATE REQUIRES THAT DIRECT MAILINGS BE DONE TO THOSE PROPERTY OWNERS IN THAT SPECIFIC ZONING DISTRICT, WHICH IS WHICH IS BEING AMENDED, AND THEY ARE BEING AFFECTED, THEN THEY ARE TO BE NOTIFIED BY DIRECT MAILING.

BUT THE STATUTE IS LIMITED TO ONLY THOSE ORDINANCES THAT ARE INITIATED BY THE CITY, CHANGING THE LIST OF PERMITTED USES WITHIN A ZONING

[00:35:06]

THAT LANGUAGE DOES NOT GET CARRIED FURTHER TO BE THAT ANYTHING THAT MAY DIRECTLY IMPACT A RESIDENT, A PROPERTY OWNER IS GOING TO REQUIRE DIRECT MAILING.

THE STATUTE IS FAIRLY LIMITED IN ITS SCOPE IN REGARDS TO AMENDMENTS TO THE ZONING CODE AND THOSE PERMITTED USES WITHIN A ZONING CODE. THAT'S WHERE THE THE REQUIREMENT FOR DIRECT MAILING OCCURS.

THANK YOU. JUST FOR THE RECORD, WOULD WANT THAT STATED NUMBER ONE.

NUMBER TWO, IF OUR CITY CLERK COULD PASS THAT ON TO MR. O'BRIEN, HE'S PROVIDED HIS HIS HIS COMMENTS OR HIS QUESTIONS THAT WERE SUBMITTED.

I'D LIKE FOR THAT TO TO BE THE COMMUNICATION TO MISTER O'BRIEN MAYOR COUNCIL.

ALSO TWO OTHER THINGS.

ONE, WAS ANYBODY EVER ABLE BEFORE THE GENTLEMAN ABOUT THE METAL BUILDING BUILDINGS.

WAS ANYBODY ABLE TO GET HIS.

OKAY. YEAH. THANK YOU.

HE STEPPED OUT. AND THEN TWO WITH A PROPOSAL LIKE THIS, THIS SHOULD IN REGARDS TO GETTING KIDS PALM BAY KIDS UP TO LEGOLAND. DO WE? BECAUSE WE DO THIS TYPE OF THINGS THROUGH THE CDBG, CAN WE MAKE SURE THAT THIS ORGANIZATION IS NOTIFIED FOR THE NEXT FUNDING? BECAUSE THIS IS SOMETHING THAT WE WE ADVOCATE FOR AT THE CDBG.

SO I REMEMBER, MISTER, SINCE YOU BRING THAT UP.

SAMUEL LOPEZ USED TO MAKE A POINT TO TAKE HIM TO LIKE NASA AND THINGS OF THAT NATURE.

AND I THOUGHT THAT WAS, YOU KNOW, BECAUSE HE WAS BIG ON STEM WHEN IT COMES TO THE CHILDREN.

SO THAT THAT THAT MAY BE AN OPTION TOO.

I DON'T KNOW, BUT.

OKAY. YEAH.

WELL, THAT'S I THINK I REMEMBER SPECIFICALLY THAT HE TOOK CHILDREN UP THERE.

I DON'T REMEMBER THE GRANT HE USED, BUT CERTAINLY.

ALL RIGHT. THANK YOU. SO NOW WE'RE ON PUBLIC HEARINGS.

[PUBLIC HEARINGS]

THIS IS ORDINANCE 2020 3-94, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF CERTAIN REAL PROPERTY, GENERALLY LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD IN THE VICINITY, WEST OF MELBOURNE.

TILLMAN DRAINAGE DISTRICT, CANAL SEVEN AND LEGALLY DESCRIBED HEREIN, PROVIDING FOR FILING A COPY OF THE ORDINANCE WITH THE BREVARD COUNTY CLERK OF THE CIRCUIT COURT, THE CHIEF ADMINISTRATIVE OFFICER OF BREVARD COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF STATE, AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU.

I'M GOING TO OPEN THE PUBLIC HEARING AND ASK THE APPLICANT TO PRESENT THEIR CASE.

YOU'RE NOT HERE. I CAN COVER IT IF YOU WANT, SIR.

OKAY. IT'S A FINAL. YEAH, IT'S A FINAL READING.

SO THIS IS FOR THE ANNEXATION OF PROPERTY THAT IS IN THE VICINITY OF MALABAR ROAD AND SAINT JOHN'S HERITAGE PARKWAY.

AND THIS ITEM NUMBER ONE ACTUALLY IS RELATED TO ITEM NUMBER TWO, WHERE A CITY PARCEL IS REQUESTED FOR ANNEXATION FOLLOWING THIS ONE.

SO HAPPY TO ANSWER ANY QUESTIONS YOU HAVE.

THIS IS A PARCEL THAT WE'RE HAPPY TO WELCOME INTO THE CITY BECAUSE OF THE PROXIMITY TO THE FUTURE SAINT JOHN'S HERITAGE PARKWAY AND THE EXCHANGE I GOT YOU.

ANYONE IN THE AUDIENCE WISH TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NONE. I'M CLOSING THE PUBLIC HEARING AND ASKING FOR A MOTION.

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

ANY ADDITIONAL COMMENTS? NO, SIR. W MAY.

NO, SIR. COUNCILMAN.

FOSTER. NO.

MAYOR. ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL RIGHT.

PASSES FOUR ZERO.

WE ARE NOW ON ITEM NUMBER TWO.

MR. RODRIGUEZ.

OH, SORRY. ORDINANCE 2023, DASH 95, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE ANNEXATION OF CERTAIN REAL PROPERTY, GENERALLY LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD IN THE VICINITY OF SOUTH IN THE VICINITY, SOUTHWEST OF SAINT JOHNS HERITAGE PARKWAY AND WEST OF MELBOURNE.

TILLMAN DRAINAGE DISTRICT, CANAL SEVEN AND LEGAL DESCRIBED HEREIN, PROVIDING FOR FILING A COPY OF THE ORDINANCE WITH THE BREVARD COUNTY CLERK OF THE CIRCUIT COURT, THE CHIEF ADMINISTRATIVE OFFICER OF BREVARD COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF STATE, AND PROVIDING FOR AN EFFECTIVE DATE.

I'M GOING TO OPEN UP THE PUBLIC HEARING AND MS..

SHERMAN. THANK YOU.

MAYOR. AS I STATED EARLIER, THIS IS THE FINAL READING FOR AN ANNEXATION OF A PROPERTY THAT IS OWNED BY THE CITY UTILITIES DEPARTMENT.

SO WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

NO QUESTIONS MA'AM.

ANY QUESTIONS? ANYONE WISH TO SPEAK FOR OR AGAINST THIS ITEM, MASTER CHIEF BATTEN.

BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I'M NOT AGAINST THIS AT ALL.

IT MAKES 100% SENSE TO ME BECAUSE IT'S IT'S IT JUST CONTINUES THE ASSET OUT FOR THE CITY, EVEN THOUGH IT IS MAKING THE CITY BIGGER.

[00:40:08]

I DID GET SOME RESPONSE BACK FROM STAFF WHEN I QUESTIONED IT ON THE LAND SWAP THAT WAS ASSOCIATED WITH THIS ANNEXATION INTO THE CITY WITH THE LAND SWAP WAS GOING TO BE, AND I COULDN'T FIND THEY SAID, WELL, IT WAS ONLY GOING TO BE A SMALL ACREAGE PORTION PROPORTIONATE, BUT I COULD NEVER SEE A BREAKDOWN OF WHAT THAT WAS.

I KNOW THAT IS NOT PERTINENT TO THIS ANNEXATION, BUT PART OF THE ANNEXATION WAS IN THE AGREEMENT WITH THE LAND SWAP, AND I COULD NEVER FIND OUT WHERE THAT WAS. AND AND YOU KNOW ME, I WANT TO KNOW WHAT WE'RE WHAT WE'RE TRADING LAND FOR.

SO IF ANYBODY COULD TELL ME OR SHOW ME WHERE TO FIND OUT WHERE THAT SPECIFIC BECAUSE IT, IT REFERENCES IT IN THE PACKET.

SO THAT'S WHY I WANT TO SAY IF ANYBODY COULD AT LEAST SHOW ME WHERE IT IS OR TELL ME SO I'M YOU KNOW HOW IT IS.

KNOWLEDGE IS A GOOD THING TO HAVE.

THANK YOU. COPY THAT, MISS SHERMAN.

THANK YOU. MAYOR. SO THE REASON IT'S NOT IN THE PACKET IS A FORMAL AGREEMENT HAS NOT BEEN COMPLETED, SO THAT'S GOING TO BE FORTHCOMING.

I CAN CERTAINLY GET YOU THE DETAILS OF WHAT THAT WILL LOOK LIKE, BUT IT'S NOT IN HERE.

ANYONE ELSE WISH TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NONE. I'M CLOSING THE PUBLIC HEARING, ASKING FOR A MOTION.

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

ANY DISCUSSION? GENTLEMEN? SEEING NONE. ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE, AYE. PASSES FOUR ZERO.

WE'RE NOW ON ITEM NUMBER THREE.

MR. RODRIGUEZ, THIS IS ORDINANCE 2023, DASH 102, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2023 BUDGET BY APPROPRIATING AND ALLOCATING FUNDS IDENTIFIED IN EXHIBIT A, CONSISTING OF FOUR PAGES AND INCORPORATED IN ITS ENTIRETY HEREIN.

RECOGNIZING THAT SUCH APPROPRIATIONS MUST BE MADE PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF PALM BAY.

CHAPTER 35 ADOPTING, RATIFYING, CONFIRMING, AND VALIDATING THE ALLOCATIONS AND PROVIDING FOR AN EFFECTIVE DATE.

THANK YOU, MADAM SHERMAN.

THANK YOU MAYOR. HAPPY TO ANSWER ANY QUESTIONS.

YEAH. SORRY.

OPEN UP THE PUBLIC HEARING.

MADAM SHERMAN, I HAVE NO QUESTIONS.

STAFF. YOU HAVE QUESTIONS? ANYONE WISH, MASTER CHIEF? BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST UNDER GENERAL FUND ZERO ONE EXPENDITURES.

MY QUESTION IS, WAS THE $92,000 FOR DISPOSAL REMEDIATION OF FINE FROM THE EPA FOR THE RAW SEWAGE BILL FROM THE LAST BIG STORM.

AND IF NOT, HOW MUCH IS THAT PENALTY GOING TO COST THE CITY? THANK YOU VERY MUCH, MADAM CHAIRMAN.

THANK YOU. MAYOR. SO THIS PARTICULAR ITEM IS ACTUALLY A TASK ORDER WHERE WE HAVE TO HIRE AN OUTSIDE ENGINEERING FIRM TO HELP US WITH A NEW REQUIREMENTS THAT THE CITY TAKE ON THE RESPONSIBILITY TO ESSENTIALLY HAVE AN INVENTORY AND REVIEW OF ALL OF THE EXISTING SEPTIC TANKS IN THE CITY.

SO IT'S SOMETHING WE WERE PREVIOUSLY NOT RESPONSIBLE FOR.

SO IT DOES NOT HAVE ANYTHING TO DO WITH ANY WASTEWATER ISSUES SPECIFIC TO THE ISSUE WE HAD IN THAT SIGNIFICANT RAINSTORM AT THE BEGINNING OF OCTOBER. WE HAVE SUBMITTED ALL THE REQUIRED REPORTING TO THE STATE, AS WE DO WHEN AN INCIDENT LIKE THAT OCCURS, AND WE HAVE NOT YET RECEIVED THE PENALTY AMOUNTS, AS I'M AWARE, AT SOME POINT WE WILL GET THAT AND WE CAN CERTAINLY SHARE THAT.

OKAY. THANK YOU MA'AM.

ANYONE ELSE IN THE AUDIENCE WISH TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NONE, I'M CLOSING THE PUBLIC HEARING, ASKING FOR A MOTION.

SO MOVED. SECOND.

MOTION BY COUNCILMAN JOHNSON, SECONDED BY DEPUTY MAYOR FELIX.

ANY ADDITIONAL DISCUSSION, GENTLEMEN? ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE. PASSES FOUR ZERO.

WE ARE NOW ON CONSENT.

[CONSENT AGENDA]

MAYOR. THESE FOLLOWING ITEMS WERE PULLED.

AGENDA ITEM NUMBER ONE, SEVEN AND TEN.

COUNCIL WISH TO PULL ANY ADDITIONAL ITEMS. DEPUTY MAYOR. ANY ITEMS? OKAY, I NEED A MOTION.

MOTION TO ADOPT THE CONSENT AGENDA ITEMS. WITH THE EXCEPTION OF ONE, SEVEN AND TEN.

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

ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE. ALL RIGHT.

PASSES FOUR ZERO.

[00:45:01]

[1. Contract: Lead and Copper Rule Revisions Compliance, Service Line Material Inventory and Compliance Planning, Task Order 23-15-WT – Utilities Department (Wade Trim - $302,840); and approve appropriation of funds on the next scheduled budget amendment ($302,840).]

BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

UNDER THIS CONSENT ITEM, I HAVE THREE ITEMS TO ADDRESS.

THIS COPPER RULE WAS ESTABLISHED IN 1991.

THAT'S 32 YEARS, ONE HALF THE LIFESPAN OF THIS CITY.

THAT WAS TO MAKE SURE OUR WATER IS CLEAR OF LEAD, WHICH IS A REAL SAFETY ISSUE.

IT IS NOW BEING LOOKED AT.

COULD THAT BE BECAUSE YOU JUST VOTED TO MAKE A MANDATORY HOOKUP TO THE CITY'S WATER SUPPLY? ITEM NUMBER TWO, TASK ORDER SEVEN, BRAVO THREE ALLOWING CONTRACTORS INTO HOME FOR A MATERIALS INSPECTION AND REPLACEMENT.

WITH THAT STATEMENT, I'M ASKING, HOW ARE YOU GOING TO DO THAT INTO PRIVATE HOMES? AND WHO IS GOING TO END UP PAYING FOR THAT EXPENDITURE? ITEM NUMBER THREE I FIND IT STRANGE THAT YOU ONLY TOOK 14 DAYS FOR YOU TO MANDATE A MANDATORY HOOKUP TO THE CITY WATER BECAUSE OF A SUPPOSED SAFETY ISSUE.

IT APPEARS TO ME MORE OF A GUARANTEED FUNDING SOURCE FOR THE CITY AT THE RESIDENTS EXPENSE.

I FEEL YOUR TRUE MOTIVATION IS THE ALMIGHTY DOLLAR, NOT YOUR CITIZENS SAFETY.

THANK YOU. THANK YOU, MADAM SHERMAN.

THANK YOU, MAYOR. I'M GOING TO HAVE OUR UTILITIES DIRECTOR, CHRIS LITTLE, COME UP.

THANK YOU. THANK YOU.

SO THE LEAD AND COPPER RULE HAS BEEN IN PLACE FOR YEARS.

WHAT THE EPA HAS DONE IS THEY HAVE NOW ISSUED A RULE REVISION WHERE THEY ARE REQUIRING THE UTILITIES THAT PROVIDE WATER TO DO A FULL INVENTORY OF THE SERVICE LINES THROUGHOUT THE SYSTEM, BOTH ON THE PUBLIC SIDE AND THE PRIVATE SIDE.

SO IN OUR SYSTEM, WE DO NOT HAVE ANY LEAD IN COPPER OTHER THAN IN THE TOWN OF MALABAR, WHERE WE INHERITED THEIR SYSTEM, AND WE ARE ACTIVELY WORKING TO REMOVE THOSE.

THIS YEAR. IT WAS IN THIS YEAR'S BUDGET.

SO THIS IS SOMETHING PUBLIC PRIVATE SIDE THAT WAS JUST RELEASED.

SO THAT'S WHY WE'RE LOOKING AT NOW THE INSPECTIONS IN HOME.

THAT IS JUST SOMETHING AS WE WORK THROUGH THE PLAN IS TO BE DETERMINED.

SO I CAN'T REALLY SPEAK TO THAT AT THE MOMENT.

AND AGAIN, THIS IS THERE'S NO NO MONIES TO BE GAINED BY THE CITY BY GOING THROUGH THIS EFFORT, ESPECIALLY CONSIDERING WE DO NOT HAVE LEAD AND COPPER ON OUR SIDE.

IT'S MORE OF A AN ACTIVITY FOR US TO SEE WHAT IS OUT THERE ON THE PRIVATE SIDE, WE HAVE TO PORE THROUGH ALL THE OLD BUILDING PERMITS, ANY INVENTORIES THAT EXIST THAT SHOW AND POTENTIALLY HAVE THE PRESENCE OF LEAD AND COPPER IN THESE PRIVATE SIDE CONNECT CONNECTIONS AND PROVIDE THE OUTREACH TO THE RESIDENTS.

SAY, HEY, LEAD AND COPPER IS AN ISSUE.

IT'S UNSAFE FOR YOU.

HERE'S WHAT YOU SHOULD DO TO TAKE CARE OF IT.

THANK YOU, THANK YOU.

THAT WAS IT. SPEAKER CARDS FOR ITEM NUMBER ONE.

I NEED A MOTION.

SO MOVED. SECOND.

MOTION BY COUNCILMAN JOHNSON.

SECONDED BY DEPUTY MAYOR FELIX.

ANY DISCUSSION? GENTLEMEN? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE. ALL RIGHT.

PASSES FOUR ZERO. WE'RE NOW ON ITEM NUMBER SEVEN.

[7. Consideration of utilizing Police Impact Fees (32908 and 32909 Nexus) for Capital Outlay requests for two (2) Radar Trailers ($30,000).]

WHEN I WAS GOING THROUGH THE PACKET, I SAW ALL THE AMENITIES THAT ARE ON THESE.

SPEED. SPEED SYSTEMS. SPEED TRAILERS, WHICH I THINK THERE'S A GREAT ASSET TO THE CITY, BUT I HAVE SEEN BECAUSE WE HAD ONE ON BAYSIDE LAKES, WE HAD THE SINK ON.

ONE OF MY PRESENTATIONS THAT I PRESENTED TO THE CITY WAS I WATCHED THE PEOPLE SPEED UP COMING TO THE SPEED LIMIT SPEED SIGN SO THEY COULD SEE HOW FAST THEY COULD CLOCK IT.

THEY USED IT AS A GAME.

THAT BEING SAID, WHEN I WAS LOOKING AT ALL THE ASSETS THAT ARE ON THIS THING, IT WOULD BE NICE IF WE COULD HAVE A GET A CAMERA THAT COINCIDES WITH THAT.

SO YOU NOW HAVE A PICTURE OF THE INDIVIDUAL SPEEDING WILL HAVE A PICTURE OF THE VEHICLE.

WE'LL HAVE A PICTURE OF THE SPEED INDICATOR AS IT HAPPENS.

I'M I'M AGAINST BIG BROTHER, BUT I THINK THIS MIGHT ACTUALLY SLOW DOWN THE PEOPLE THAT ARE SPEEDING.

YOU KNOW I DON'T KNOW IF IT'S POSSIBLE I DON'T KNOW.

[00:50:02]

GEE, THAT'S A SAFETY ISSUE.

THANK YOU. MA'AM.

DO THOSE BRING CAMERAS VISUALS? I DON'T KNOW, I COULD CERTAINLY ASK CHIEF TO LOOK AT THAT.

IF THERE'S ACTUALLY ANY VALUE TO IT.

COME ON. COME ON UP.

LET'S DO THIS. GOOD EVENING, MAYOR COUNCIL.

SO, YES, MR. BRATTON, I SPOKE BEFORE THE MEETING.

THEY DO HAVE CERTAIN COMPANIES AND CERTAIN TRAILERS DO HAVE DIFFERENT AMENITIES THAT COME WITH THEM.

CAMERAS AND ALL THINGS.

THEY'RE JUST THEY'RE VERY, VERY PRICEY.

SO WE FELT THAT GETTING THESE TWO TRAILERS FIT THE NEED FOR WHAT WE NEED RIGHT NOW, GIVING US FOUR TOTAL BECAUSE WE DO HAVE A WAIT LIST THROUGHOUT THE CITY TO PUT THEM OUT THERE THROUGHOUT THE COMMUNITY. SO BUT THAT IS SOMETHING THAT WE'RE LOOKING AT FOR THE NEAR FUTURE TO TRY TO ACQUIRE.

SO WITH TECHNOLOGY TODAY, YOU CAN PUT A LITTLE CAMERA ON THERE.

ABSOLUTELY. WE COULD DO THAT WITH SOME VELCRO.

YES, SIR. I'M JUST SAYING, MR. MAYOR, IF I MAY, I JUST WANTED TO ADD SOMETHING, BUT THE PURPOSE OF A CAMERA WOULD DO.

WHAT? I'M SORRY.

THE PURPOSE OF A CAMERA WOULD DO WHAT? WE CANNOT ENFORCE IT.

WELL, AND THAT'S THE OTHER THING.

SO IT WOULDN'T BE A CAMERA AS MANY PEOPLE WOULD THINK IT IS.

IT WOULD BE ONE THAT'S LIKE AN LPR.

IT'LL TAKE A SNAPSHOT OF THE OF THE TAG OF THE VEHICLE.

YEAH. THEN WHAT WHAT DO WE DO WITH THAT.

WELL, IT DEPENDS ON CERTAIN SYSTEMS. IF ONE IS IMPLEMENTED, THAT'D BE A WHOLE BIG TASK.

AND ANOTHER REQUEST THAT WE WOULD HAVE TO COME IN FRONT OF COUNCIL.

AND THAT IS IF SOMETHING WE WANT TO DO WOULD BE SIMILAR TO THE RED LIGHT CAMERA ACTION.

BUT WE ARE LOOKING AT A PROGRAM RIGHT NOW THAT I'VE BEEN DISCUSSING WITH THE CITY MANAGER OVER THE LAST MONTH OR SO, THAT WE WILL BE BRINGING IN FRONT OF YOU.

WE'RE STILL WORKING ON IT.

THAT WILL COVER JUST WHAT MR. BATTEN IS TALKING ABOUT FOR THE WHOLE ENTIRE CITY.

SO YOU'RE ABSOLUTELY THE CORRECT DEPUTY MAYOR.

IT WOULDN'T. YEAH, WE CAN SEE THE TAG, BUT IT'S NOT GOING TO BE ABLE TO GIVE US.

YOU KNOW, IT'S NOT LIKE A RED LIGHT TICKET TO WHERE IT'S GOING TO AUTOMATICALLY.

HERE YOU GO. HERE'S YOUR SUMMONS.

AND THAT'S THE POINT I'M TRYING TO MAKE.

BECAUSE THE LEGAL ASPECT OF THAT, WE CANNOT ENFORCE IT TO ISSUE A CITATION BASED ON THAT, THAT PICTURE.

BECAUSE MAYBE THAT'S SOMETHING OUR CITY ATTORNEY CAN WEIGH IN, BECAUSE THIS IS SOMETHING WE USED TO HAVE AS FAR AS THE TRAFFIC LIGHT, WHERE WE THE RED LIGHT CAMERAS, WE REMOVED THAT FOR THAT VERY PURPOSE.

IT'S ALMOST GOING BACK TO THAT, BECAUSE DOING AN ACTIVITY THAT WOULDN'T PRODUCE REALLY ANYTHING LEGALLY, WE COULDN'T ISSUE A TICKET BASED ON THAT.

THAT'S THE POINT. I WAS TRYING TO BRING THAT.

AND THE REASON WE WERE EVEN LOOKING AT THE ONES THAT DO HAVE THOSE CAMERAS WERE MORE INVESTIGATIVE.

INVESTIGATIVE, YOU KNOW, IF WE WERE INVESTIGATING A VIOLENT CRIME OR THINGS OF THAT NATURE IN THAT AREA, WE WOULD PULL ALL OF THE CAMERA PHOTOS FOR THOSE TAGS THAT WENT THROUGH THAT AREA. THAT WAS ONE OF THE TOOLS WE WERE LOOKING FOR.

SO NOT NECESSARILY FOR SPEEDING ENFORCEMENT, RIGHT.

SO THANK YOU. THANK YOU SIR.

THEN NO OTHER SPEAKERS.

I NEED A MOTION. SO MOVED.

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

ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL RIGHT.

PASSES FOUR ZERO. WE'RE NOW ON ITEM NUMBER TEN.

[10. Consideration of revising Council's Policies and Procedures with regard to the Consent Agenda.]

PROBABLY LONGER THAN ALL OF YOU BEEN SITTING UP THERE.

IN FACT, I KNOW I HAVE.

BUT THAT BEING SAID, I WENT BACK AND PULLED OUT SOME OF MY OLD, OLD AGENDAS FROM 2014.

I WENT BACK, I JUST OPENED UP THE FILE CABINET AND PULLED ONE OUT TO LOOK.

AND IT WAS BACK IN 2014, ANOTHER CONSENT AGENDA.

WE HAD THE CONSENT AGENDA, ITEMS MARKED WITH AN ASTERISK, AND THEY WERE JUST PUT IN THE REGULAR AGENDA.

SO IT WAS AS YOU FOLLOWED THROUGH, IF IT WAS A CONSENT AGENDA AND IF IT WAS PULLED, IT WOULD BE DISCUSSED.

I. I DIDN'T SEE ANYTHING WRONG WITH THAT.

NOW WE HAVE CONSENT AT THE END OF THE MEETING.

AND AS A RESULT OF IT, I UNDERSTAND WHAT HAPPENS BECAUSE A PERSON NAMED BILL BATTEN HAS A TENDENCY TO PULL CONSENT AGENDA ITEMS TO MAKE THE PUBLIC AWARE OF WHAT'S ACTUALLY GOING ON, BECAUSE THEY WON'T SEE IT NOW.

THEY'LL WE'LL HAVE IT ON THE RECORD AND THEY'LL GET A SEE YOU DISCUSSING BUSINESS OF THE CITY.

THAT'S WHY I PULL THEM.

I USUALLY HAVE KNOW THE ANSWERS BEFORE I ADDRESS, BUT THAT BEING SAID, I UNDERSTAND HOW THIS IMPACTS GREATLY ON THE STAFF.

AND THEY SAY, OKAY, WELL, IF BATTEN PULLS CONSENT AGENDA, THAT DEPARTMENT HEAD IS GOING TO POSSIBLY HAVE TO ADDRESS IT.

I UNDERSTAND THAT AND I UNDERSTAND WHAT AN IMPACT IT IS FOR THEM.

BUT WITH THAT BEING SAID, NOW WITH THIS NEW PROCESS, YOU WILL HAVE ANY CONSENT AGENDA ITEMS THAT ARE PULLED.

WE'RE GOING TO HAVE THAT BEFORE PUBLIC HEARINGS TO ADDRESS IT.

IT MAKES SENSE.

IT MAKES IT EASIER ON THE STAFF AND IT'LL PROBABLY SAVE MONEY BECAUSE OF OVERTIME.

IT'S ALL I CAN SEE THAT ALL IS A PLUS.

[00:55:03]

WHEN THAT HAPPENS, I'M STILL CURIOUS.

WILL WE STILL BE ABLE TO PULL THEM WHEN IT COMES UP FOR LIKE A LATE SUBMITTAL TO WHERE I COULD STILL ADDRESS IT UNDER CONSENT, JUST BECAUSE I DON'T WANT TO MISS AN OPPORTUNITY TO ADDRESS MY GOVERNMENT, BECAUSE THAT'S ONE OF THE FEW RIGHTS THAT WE STILL HAVE THAT'S NOT BEING INFRINGED UPON IN THE CITY OF PALM BAY.

THANK YOU VERY MUCH.

THANK YOU, MADAM CHAIRMAN.

THANK YOU MAYOR. SO THE THE THE RESTRUCTURING THAT THIS IS PROPOSING WOULD TAKE CONSENT AGENDA TO BEFORE PUBLIC HEARINGS.

AND AT THE BEGINNING, COUNCIL WOULD REMOVE ANYTHING THAT IS REQUESTED TO BE PULLED EITHER BY THEIR DIRECTION OR BY ANYONE IN THE AUDIENCE THAT PUTS IN A REQUEST THAT THE EARLY PART OF THE MEETING CONSENT WOULD THEN BE ADOPTED AT THAT MOMENT.

THEN WE WOULD MOVE DIRECTLY INTO PUBLIC HEARINGS, AND LATER IN THE MEETING, AFTER PUBLIC HEARINGS ARE DONE, IS WHEN WE WOULD CONSIDER AND DISCUSS THE ITEMS THAT WERE PULLED OFF OF CONSENT THAT WERE NOT APPROVED, JUST TO CLARIFY, SO THAT THAT WOULD BE THE NEW STRUCTURE.

SO WE WOULD STILL AFFORD THE RESIDENTS AND THOSE INVOLVED IN THE PUBLIC HEARING PROCESS THE OPPORTUNITY TO HAVE THEIR THEIR PROJECTS CONSIDERED AND HEARD.

FIRST CONSENT ITEMS THAT ARE PULLED WOULD STILL BE HANDLED AFTER PUBLIC HEARINGS.

SO I WANTED TO CLARIFY THAT FOR YOU, AND HOPEFULLY THAT HELPS A LITTLE BIT TO UNDERSTAND THE PROCESS BECAUSE IT'S AFTER PUBLIC HEARINGS.

THANK YOU, MA'AM. ANY ADDITIONAL DISCUSSION, GENTLEMEN? QUESTIONS. ALL RIGHT, I NEED A MOTION.

SO MOVED. SO MOVED.

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

I WILL SAY I REMEMBER GOING TEETER BACK AND FORTH AND AND I JUST CONFIRMED ALSO THAT WE MOVED THE CONSENT TO THE BEGINNING BEFORE YOU CHANGED THE TIME OF OUR THE START TIME OF OUR MEETING.

SO I THINK THE REASON YOU CHANGED THE CONSENT AT THAT TIME WAS TO.

EXPEDITE THE MEETINGS AND IT REALLY DIDN'T WORK RIGHT.

SO WITH THAT BEING SAID, ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE. AYE. PASSES FOUR ZERO.

WE ARE NOW ON THE NEW BUSINESS.

[NEW BUSINESS]

EXCUSE ME. YES? MAYOR AND COUNCIL.

EACH YEAR, STAFF REQUESTS FOR YOU TO REAFFIRM YOUR APPOINTMENTS TO OUTSIDE AGENCIES AND ANNOUNCE SAME AT TONIGHT'S MEETING.

YEAH, I YOU KNOW, I'M GOOD WITH WHERE I'M AT.

UNLESS YOU WANT IT TO BE THE ALTERNATE FOR SPACE COAST LEAGUE OF CITIES.

BUT I DO WANT ONE ADJUSTMENT.

HAVING KENNY JOHNSON PART OF THE SPACE COAST TPO AGREE AND WE'LL AND WE'LL PUT RANDY FOSTER AS THE ALTERNATE.

UM AND THEN I THINK I THINK YOU'RE GOOD WITH CDBG STILL.

YES, SIR. UM, DID YOU STILL WANT TO BE THE DELEGATE FOR THE SPACE COAST PROPOSE THAT THE SPACE COAST LEAGUE OF CITIES THAT COUNCILMAN JOHNSON TOOK IT BACK LATER? I UNDERSTAND THAT THIS IS A VERY IMPORTANT BOARD FORM, ESPECIALLY WITH WHEN IT COMES TO THE EDUCATION SCHOLARSHIP PROGRAM.

THEY HAVE WILLING TO GIVE THAT OFFER THAT TO HIM.

IF YOU'RE WILLING TO GIVE IT BACK TO HIM.

YES. AND BYPASS MY ALTERNATE STATUS.

WELL, YOU STILL WANT TO STAND AS AN ALTERNATE, IS THAT CORRECT? DO YOU WANT TO TAKE.

YEAH, I, UM YEAH.

I NEVER WANTED TO LET IT GO IN THE FIRST PLACE.

I WON'T LIE, I DIDN'T, UM, BUT I ALSO WANT COUNCIL MEMBERS TO TO UNDERSTAND THE SPACE COAST LEAGUE OF CITIES AS WELL AS, LIKE YOURSELF.

YOU'RE UP IN THE RANKS IN THE FLORIDA LEAGUE OF CITIES.

MAYOR. UM, SO I KIND OF I WAS RELUCTANT, BUT I HANDED I HANDED OVER THE KEYS.

SO. WELL, I'M FINE WITH YOU BEING THE DELEGATE BECAUSE YOU DID A GREAT JOB IN GETTING SCHOLARSHIPS, ESPECIALLY FOR A LOCAL KID.

SO, UM, I THINK THERE WAS A LOT OF FRUIT THAT WAS BORNE BY BY YOU SITTING ON THAT.

SO I'M GOOD WITH THAT.

I WOULD, LIKE I SAID, SPACE COAST TRANS TPO I COUNCILMAN FOSTER UNTIL HE COMES BACK, HE COULD BE THE ALTERNATE AT THIS POINT. AND THEN I'M GOOD WITH EVERYTHING ELSE.

IS THAT EVERYONE? I WANTED TO ASK AS FAR AS THE COMMUNITY DEVELOPMENT ADVISORY BOARD IF.

COUNCILMAN JOHNSON WOULD CONSIDER.

I SEE WHAT YOU DID THERE.

I SEE WHAT YOU DID THERE.

WHAT AN ASS! YOU DIDN'T THINK I WAS JUST GIVING IT SO.

[01:00:03]

SO WHAT I WILL SAY ON THAT ONE, SOME OF THE IDEAS THAT I BROUGHT IN REGARDS TO, LIKE BUILDING FEE REDUCTIONS FOR AFFORDABLE HOUSING AND THINGS OF THAT NATURE CAME FROM BEING ON THAT BOARD.

SO NO, NO, YOU'RE GOOD.

NO, YOU'RE GOOD. I'M SAYING I'M STILL GOING TO BE ENGAGED BY, YOU KNOW, GOING THROUGH STAFF.

BUT IT'S IT'S DEFINITELY A GREAT BOARD.

SO YOU WANT TO YOU WANT TO TRY IT OUT.

GO AHEAD. YOU GOT IT.

HE GOT IT SIR OKAY.

SO WE'VE GOT WE'VE GOT COMMUNITY DEVELOPMENT ADVISORY BOARD.

WE'LL HAVE DEPUTY MAYOR FELIX OR AT THAT TIME NOW I BELIEVE RISK MANAGEMENT COMMITTEE, I THINK, UH COUNCILMAN FOSTER CAN CONTINUE TO HAVE THOSE DUTIES VIA PHONE.

OR YOU GO WITH THAT COUNCILMAN FOSTER.

YEAH, I'M GOOD WITH IT. ALL RIGHT, SIR.

SO WE'LL YOU'LL YOU'LL CONTINUE ON THAT BOARD.

AND I THINK THAT THAT SUMMARIZES EVERYTHING.

ARE THERE ANY QUESTIONS, MADAM JONES? JUST FOR MISS SHERMAN, FOR THE ECONOMIC DEVELOPMENT COMMISSION, THE AD VALOREM TAX ABATEMENT COUNCIL AND THE CAPITAL OUTLAY COMMITTEE.

SO ALL ALL BUT THE CAPITAL OUTLAY COMMITTEE OR CAN STAY AS IS THE CAPITAL OUTLAY COMMITTEE, I'D REQUEST IF WE IF WE CAN PUT DEPUTY CITY MANAGER CARLA BROWN OR DESIGNEE ON THAT SO THAT WE CAN ALTERNATE STAFF MEMBERS AS WE NEED TO.

WHAT DO YOU MEAN WHERE NANCY BUNDT IS? I'M SORRY. ITEM NUMBER SEVEN, CAPITAL OUTLAY COMMITTEE.

OH, THAT'S ALEXANDRIA BERNARD.

YES. SO WE WOULD JUST HAVE, YOU KNOW, THE DEPARTMENTS THAT HANDLE THE PARTICULAR COMMITTEE ALL REPORT TO JONES.

SO IT WOULD BE JOAN OR A DESIGNEE.

AND THEN WE HAVE SOME FLEXIBILITY AS TO WHO WE SEND.

I SEE SO THE DIRECTOR.

RIGHT. EXACTLY. OR OTHER STAFF OKAY.

I'M TRACKING THAT OKAY.

AND THE SAME THING WITH THE TAX ABATEMENT.

NO THAT ONE IS FINE AS IS.

THANK YOU SIR. YES. ALL RIGHT.

THANK YOU MA'AM. ALL RIGHT.

SO YOU'RE GOOD MADAM JONES.

ALL RIGHT. SO WE'RE MOVING ON TO NEW BUSINESS NUMBER TWO.

AND I'M INTERESTED IN THIS ONE.

DO WE HAVE ANY PUBLIC COMMENT CARDS? YES WE DO, MR. BATTEN, FOR NUMBER ONE TO NUMBER TWO.

BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

MY RECOMMENDATION ON SELECTION OF A DEPUTY MAYOR IS NOT SOMEONE WHO HAS NOT BEEN IN THE CHAMBERS SINCE THE SECOND WEEK OF FEBRUARY.

I'D LIKE THE DEPUTY MAYOR TO BE SOMEBODY WHO'S CURRENTLY PRESENT IN THE CHAMBERS.

IT MAKES MAKES THE BUSINESS GO A LOT SMOOTHER THAT WAY.

THANK YOU. THANK YOU.

UM, OKAY.

I MAKE A MOTION TO MAKE KEEP DEPUTY MAYOR DONNY FELIX AS DEPUTY MAYOR FOR ANOTHER TERM.

SECOND. REALLY? YEAH. KEEP IT.

OKAY. I GOT A MOTION.

AND DO YOU ACCEPT THAT POSITION? I DO, OKAY.

I GOT A MOTION BY COUNCILMAN JOHNSON, SECONDED BY COUNCILMAN FOSTER.

ANY ADDITIONAL DISCUSSION, GENTLEMEN? SO I'M JOKING AT THE SAME TIME.

BUT YOU'VE DONE A GREAT JOB, SIR.

ESPECIALLY. I KNOW THERE'S BEEN A FEW MEETINGS WHERE YOU'VE HAD PROBABLY ALMOST 50 PUBLIC COMMENT CARDS, BUT YOU STILL, YOU KNOW, NAVIGATE THROUGH THAT AND EVERYTHING.

AND WHEN THERE ARE, WHEN I KNOW FOR ONE EXAMPLE, FOR NATIONAL NIGHT OUT, THE MAYOR WAS AT ONE, I COULDN'T BE THERE, BUT THE MAYOR WAS AT ONE LOCATION AND YOU WERE AT ANOTHER. SO YOU ALL WERE ABLE TO REPRESENT THE CITY AT BOTH EVENTS.

SO I THINK THAT'S IMPORTANT AS WELL TOO.

SO, UM, YEAH, I MADE THE MOTION, I SUPPORT IT.

YEAH. THERE WERE ACTUALLY THREE EVENTS THAT NIGHT.

THERE WERE ACTUALLY THREE, AND I PICKED UP TWO.

AND YEAH, WE COULD WE COULDN'T MAKE UP TWO AS WELL.

YEAH, WE DID, WE DID.

NO, WE I SAW HIM GOING THERE.

YEAH. YEAH. THERE WAS THREE EVENTS AND HE WAS AT TWO AS WELL.

OKAY. SO GREAT REFERENCE.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE. PASSES FOUR ZERO.

CONGRATULATIONS, DEPUTY MAYOR.

THANK YOU GENTLEMEN. SO NOW WE ARE ON REPORTS, COUNCILMAN FOSTER.

[COMMITTEE AND COUNCIL REPORTS]

SO LOOK OUT FOR EACH OTHER AND TAKE CARE OF YOURSELF.

THAT'S ALL I HAVE FOR MY REPORT.

THANK YOU. COUNCILMAN FOSTER COUNCILMAN JOHNSON.

YES, MAYOR. BRIEFLY.

[01:05:01]

HAPPY BIRTHDAY, BUTCHER IN 75 YEARS YOUNG.

YEAH. HAPPY BIRTHDAY SIR.

YOU HAD ME GOING WHEN YOU SAID YOUNG MAN.

THAT CONCLUDES MY REPORT, MAYOR.

THAT'S AWESOME. AND BUTCH IS AN AIR FORCE VETERAN, SO THAT'S AWESOME.

THAT'S AWESOME. UH, DEPUTY MAYOR, LET ME START TO SAY THANK YOU TO, YOU KNOW, COUNCIL COUNCILMAN JOHNSON. DEFINITELY.

I KNOW THE OPTIONS WERE A LITTLE GETTING A LITTLE SMALLER AND SMALLER, RIGHT? BUT I DO APPRECIATE THE FACT YOU RECOGNIZE, YOU KNOW, THE SERVICE THAT I PROVIDED.

AND AND I'M MORE THAN HAPPY TO CONTINUE SERVING IN THAT CAPACITY.

SECOND, I'D DEFINITELY LIKE TO HIGHLIGHT THE THE GREAT WORK OF OF OF MEN AND WOMEN FROM THE POLICE FIRE AND ALSO PARK AND RECREATION, CERTAINLY FACILITY FOR THEIR SERVICE FOR THIS PAST WEEKEND.

I KNOW THEY WERE BUSY. A LOT OF HOURS WERE PUT IN AND JUST WANTED TO RECOGNIZE THEM FOR THEIR EFFORT.

SO IT'S A GREAT EVENT AS WELL.

IT WOULDN'T BE POSSIBLE WITHOUT THEIR THEIR GREAT WORK.

THANK YOU. YEAH. YOU KNOW, RIGHT ALONG RIGHT ALONG YOUR SIDE I'M GOING TO SPEAK UP ABOUT OUR VETERANS DAY PARADE.

IT WAS THE MOST ATTENDED PARADE THAT THAT WE'VE EVER HAD.

AND WHEN IT COMES TO THE VETERANS DAY PARADE, THAT IS AND I WANT TO COMMEND EVERYONE FROM PARKS AND REC, WE HAVE SO MANY VOLUNTEERS OUT THERE AS WELL.

ALSO WANTED TO GIVE A BIG SHOUT OUT TO POST 117 117 CAME THROUGH AND THEY THEY ACTUALLY WERE PART OF THE AFTER PARTY AS WELL.

WE PROVIDED THEM A PROCLAMATION, BUT THAT IS COLLABORATION.

THAT'S THE COMMUNITY COMING TOGETHER TO HONOR OUR VETERANS.

MASTER CHIEF WAS THERE.

WE WERE ABLE TO FLY THE FLAG FOR MARK GRAY, AS I SAID, AND WE HAD SOME ACTIVE DUTY PERSONNEL.

FIRST TIME EVER, WE LITERALLY HAD SOME MEMBERS OF OUR ARMED FORCES.

THE UNITED STATES MARINE CORPS WAS WELL REPRESENTED.

THEY EVEN, YOU KNOW, WERE PART OF THE FLAG HOSTING OR HOISTING COMMITTEE THERE.

AND WE HAD OUR GRAND MARSHAL, CONGRESSMAN BILL POSEY, PRESENT, ALL PRESENT AND ACCOUNTED FOR HONORING OUR OUR MEN AND WOMEN THAT HAVE GIVEN SO MUCH TO OUR, OUR NATION.

SO I WANTED TO START OFF WITH THAT AND JUST THANK POST 117 FOR THEIR HARD WORK.

YOU KNOW, THEY CAME TOGETHER RIGHT ALONGSIDE THE CITY OF PALM BAY.

SO THANK YOU. POST AMERICAN LEGION POST 117.

I ALSO WANTED TO TO WELL, I'M NOT GOING TO JUMP THE GUN, BUT YOU KNOW, SOMETHING THAT HAS REALLY SINCE WE'VE BEEN ON THIS DIE IS COUNCILMAN FOSTER DEPUTY MAYOR FELIX.

WE HAVE WE HAVE WITNESSED THE MAJOR'S GOLF COURSE NOT BECOME A GOLF COURSE ANYMORE. AND AND WHAT'S SO SAD IN THAT WHOLE ORDEAL? RIGHT. THIS IS A PROPERTY RIGHTS ISSUE, RIGHT? AND I'M IN AGREEMENT.

THIS IS A PROPERTY RIGHTS ISSUE.

BUT WHAT IS SO SAD ABOUT THIS WHOLE ORDEAL IS IT'S AN ARNOLD PALMER DESIGNED GOLF COURSE.

ARNOLD PALMER WILL NEVER DESIGN ANOTHER GOLF COURSE.

IT WAS THE GEM OF THIS GREAT CITY.

IT TRULY WAS.

I REMEMBER WHEN THERE WAS FIRST TALK ABOUT CREATING THIS GOLF COURSE.

AND SO I KNOW THAT WE HAVE IN THE PAST.

ALLOW MADAM SHERMAN TO HAVE DISCUSSIONS WITH THE OWNER OF THAT PROPERTY.

I WOULD LIKE TO SEE WHAT COUNCIL FEELS ABOUT EXPLORING THAT OPPORTUNITY EVEN FURTHER, TO SEE HOW WE CAN KEEP THAT GOLF COURSE, A GOLF COURSE, AND GO DOWN THAT PATH.

GIVE HER AN OPPORTUNITY TO HAVE THAT DISCUSSION WITH THE OWNER.

THESE ARE MY THOUGHTS, GENTLEMEN.

OF COURSE, THIS IS SOMETHING THAT COULD ONLY BE BY CONSENSUS.

KEEP IN MIND, AND WHAT'S REALLY DRIVING THIS IS THE FACT THAT THE CITY OF PALM BAY DOES NOT HAVE A GOLF COURSE ANYMORE.

THE ENTIRE CITY, ALL THE SQUARE MILES THAT WE HAVE.

AND WE ARE A LEADER IN POPULATION IN THIS COUNTY, THE LARGEST POPULOUS IN THIS COUNTY WITHOUT A GOLF COURSE. AND SO THOSE THOSE THOUGHTS THAT I'VE BEEN BEEN HEAVY ON MY HEART AND I WANTED TO SEE WHAT COUNSEL IF WE COULD GIVE MADAM SHERMAN THAT TYPE OF DIRECTION TO TO TAKE ANOTHER SHOT AT THIS, TO SEE WHAT, WHAT CAN BE DONE ABOUT US SUPPORTING THAT TYPE OF GOLF COURSE AGAIN.

[01:10:02]

AND JOHNSON. I JUST IF MADAME SHERMAN CAN JUST REFRESH THE LATEST ON THE MAJORS OR THE LATEST COMMUNICATION YOU'VE HAD WITH MS..

JOYNER OR ANYBODY REPRESENTING HER TEAM.

WELL, I CAN TELL YOU WITH CERTAINTY THAT THEY HAVE NOT SUBMITTED A NEW APPLICATION YET, BUT IT'S MY UNDERSTANDING THAT THEY'RE WORKING TOWARD THAT AT SOME POINT.

IT'S BEEN SOME TIME SINCE I HAD THE LAST CONVERSATION WITH THEM REGARDING THE THE POTENTIAL FOR THAT TO REMAIN A GOLF COURSE.

AND I BELIEVE I'VE BRIEFED COUNCIL ON THAT, THAT THERE WASN'T REALLY A GOOD SCENARIO AT THE TIME FOR THAT TO CONTINUE BASED ON THEIR DESIRES.

SO THAT'S WHERE WE'RE AT TODAY.

OKAY. THEN MY MY SECOND QUESTION IS FOR YOU, FOR OUR ACTING CITY ATTORNEY.

DO YOU HAVE ANY CONCERNS WITH GOING DOWN THIS ROUTE OR FROM A LEGAL STANDPOINT? ARE WE LOOKING? BECAUSE I HAVEN'T BEEN BRIEFED ON THE MATTER.

ARE WE LOOKING AT TAKING OWNERSHIP AND CREATING A PUBLIC GOLF COURSE, OR ASSISTING AND PARTNERING WITH A PRIVATE ENTITY FOR A PUBLIC PRIVATE PARTNERSHIP IN REGARDS TO THE MANAGEMENT OF THE GOLF COURSE? WELL, WHEN YOU SAY TAKING OWNERSHIP, ARE YOU TALKING ABOUT A TO WHAT DO YOU MEAN BY TAKING OWNERSHIP? THAT'S WHAT I'M TRYING TO FIGURE OUT LEGALLY PURCHASING OWNERS OF THE GOLF COURSE.

OR ARE WE GOING TO BE OPERATING THE GOLF COURSE? I MEAN, I HAVEN'T BEEN BRIEFED ON THIS MATTER, SO IT'S HARD FOR ME TO GIVE AN OPINION ONE WAY OR ANOTHER, WHAT THE THE POTENTIAL LEGAL RAMIFICATIONS ARE OF OF THIS WITHOUT, WELL, NOT TAKING OVER LIKE USING GOVERNMENT CONTROL TO TAKE OVER.

THAT'S NOT WHAT OUR INTENT WOULD BE, BUT CERTAINLY TO HAVE THIS MAYBE A PUBLIC PRIVATE PARTNERSHIP IN WE COULD OBTAIN THE GOLF COURSE AND THEN HAVE A PUBLIC PRIVATE PARTNERSHIP TO MAINTAIN THE GOLF COURSE.

RIGHT. AND WHAT I MEANT BY OWNERSHIP, I'M NOT ASSUMING THAT WE'RE GOING TO BE CONDEMNING AND TAKING EMINENT DOMAIN IF WE I MEAN, THE CITY IS AND CAN PURCHASE THE THE LAND THROUGH A BONA FIDE REAL ESTATE TRANSACTION THAT THAT CAN BE DONE.

THAT'S WHY I JUST WASN'T SURE IF THIS IS GOING TO BE ARE WE PURCHASING THE PROPERTY AND THEN CONVERTING IT INTO PARK SPACE? IS IT GOING TO BE ARE WE LEASING THE PROPERTY OR HAVING SOME TYPE OF LEASE WITHOUT THAT INFORMATION? I DON'T WANT TO MAKE AN OPINION WITHOUT HAVING BECAUSE I HAVEN'T BEEN GIVEN THE FULL BACKGROUND INFORMATION.

SO THOSE ARE THE, I GUESS, THE ASPECTS AND PROCEDURES FOR HOW WE'RE GOING TO TAKE CONTROL OF THE PROPERTY.

THOSE ARE MATTERS THAT WE'D HAVE TO REVIEW AND SEE WHETHER WHAT MECHANISMS THE CITY HAS IN ORDER TO EITHER TO PURCHASE, TO ENTER INTO A PUBLIC PRIVATE PARTNERSHIP.

IF WE DO SO, THERE ARE STATUTORY REQUIREMENTS WHEN YOU'RE GOING TO ENTER INTO A PUBLIC PRIVATE ENTERPRISE, FOR THAT MATTER.

SO THESE ARE THINGS THOSE WOULD BE THE LEGAL QUESTIONS.

BUT I REALLY CAN'T OPINE AT THIS TIME, ONE WAY OR ANOTHER, WHAT WOULD BE THE LEGAL RAMIFICATIONS WITHOUT KNOWING WHAT EXACTLY IS GOING TO BE THE COURSE OF ACTION THE CITY INTENDS TO TAKE? YEAH.

MR.. RODRIGUEZ MY MY THOUGHT PROCESS IN THIS WOULD BE, YES, THE OPPORTUNITY FOR THE THE CITY TO HAVE THE GOLF COURSE AND THEN HAVE A PRIVATE ENTITY RUN IT AS A BUSINESS AND PERHAPS WE COULD USE IT FOR, YOU KNOW, USE RECLAIMED WATER USING OUR UTILITIES. THAT WOULD BE A BENEFIT.

SO ALL OF THAT THE CITY WOULD BENEFIT WITH THAT RECLAMATION WATER ANYWAY.

BUT THAT'S ULTIMATELY, YOU KNOW, DOWN RANGE RIGHT NOW WHAT I'M, I'M ASKING COUNCIL IS, IS IF THEY AGREE TO HAVE MISS SHERMAN GO BACK AND SEE WHAT WE CAN COME UP WITH WITH THE OWNERS SO THAT WE CAN MAINTAIN THE GOLF COURSE SO WE CAN HAVE A GOLF COURSE IN THE CITY.

THAT'S THAT'S MY THOUGHT PROCESS.

OKAY. WELL, WELL, I'M FINE WITH THAT.

IT JUST LAST TIME IT DIDN'T SEEM LIKE WE GOT ANYWHERE WITH GOING THAT ROUTE, ESPECIALLY WITH WHERE WE WERE COMING FROM.

BUT I'M STILL FINE WITH TRYING AGAIN.

I JUST WANTED TO INVOLVE THE CITY ATTORNEY'S OFFICE WITH IT, JUST TO BE CAREFUL WITH THIS.

SO THAT'S ALL, MAYOR.

SO I'M WITH IT. BUT YEAH, I THINK IT'S A IT'S A MATTER OF WHAT FLEXIBILITY WE GIVE THE, THE CITY MANAGER AS WELL.

RIGHT. SO AND IT'S GIVING YOU KNOW AND IT'S NEGOTIATION.

SO YOU DON'T KNOW.

RIGHT. BUT THAT'S WHERE I'M AT GENTLEMEN.

MAYOR. YEAH.

IF I MAY KNOW I REMEMBER OUR DISCUSSION PRIOR DISCUSSION PRIOR DIRECTION.

CITY MANAGER CAN CORRECT ME IF IF YOU KNOW, IF ANYTHING I THINK THE DIRECTION WAS TO ENGAGE, BUT I DON'T KNOW IF WE EVER GIVE A CLEAR DIRECTION TO ENGAGE INTO POTENTIALLY PURCHASING LIKE A REAL ESTATE TRANSACTION.

[01:15:03]

OKAY. YOU'RE RIGHT. YEAH.

I DIDN'T THINK IT WAS EVER A DIRECTION IN TERMS OF THE CONVERSATION WAS OKAY, JUST ENGAGE TO SEE WHERE THINGS ARE, WHERE SHE'S AT, WHAT'S HER NEXT MOVE? I DON'T THINK IT WAS EVER CLEAR, CLEAR DIRECTION TO ENGAGE IN POTENTIALLY PURCHASING, YOU KNOW, NOT TO GO TOO FAR INTO THE DETAILS HERE IN THIS VENUE, BUT CERTAINLY BASED ON PRIOR DIRECTION.

I DID HAVE VERY POINTED CONVERSATIONS WITH THE OWNER ABOUT WILLINGNESS TO ACTUALLY SELL.

CORRECT. GOT IT.

OKAY. UM, NOW TO YOUR POINT, THE PRICE WASN'T ACCEPTABLE.

YEAH, WELL, WE WERE LOW.

WE WERE PROBABLY LOW.

LOWER ANYWAY.

SO. MAN, WHAT WHAT TYPE OF DIRECTION WOULD YOU NEED TO TRY? AND WE DON'T WANT TO HANDCUFF YOU, IS WHAT I'M SAYING.

SO IF COUNCIL WANTS ME TO REVISIT THE CONVERSATION WITH THE OWNER, IF THERE'S CONSENSUS TO DO THAT, I CERTAINLY CAN.

BUT I WOULD ADVISE THAT WE DON'T GET INTO MUCH MORE CONVERSATION ABOUT THE DETAILS OF WHAT THAT CONVERSATION WOULD LOOK LIKE HERE.

ALL RIGHT, MAN. COUNCILMAN FOSTER.

WHAT ARE YOUR THOUGHTS, SIR? I HAVE NO ISSUE WITH HER REVISITING THE CONVERSATION WITH THE OWNER.

I THINK WE NEED TO TRY TO BE A PART OF GETTING THAT GOLF COURSE BACK, BUT.

WHEN IT COMES TO THE FINANCIAL PART, I'M NOT THERE YET.

COPY THAT. I APPRECIATE THAT, BROTHER, BECAUSE I DON'T THINK ANYONE ELSE ON THE DAIS IS THERE.

WE JUST WANT TO EXPLORE THAT BECAUSE IT'S IMPORTANT FOR THE CITY.

SO THANK YOU I APPRECIATE THAT.

AND THEN I'LL CONCLUDE WITH.

NEXT THURSDAY IS PROBABLY ONE OF THE GREATEST HOLIDAYS I CAN THINK OF IS THANKSGIVING.

WE SHOULD ALL BE SO GRATEFUL FOR EVERYTHING THAT WE HAVE.

THERE'S SO MANY PEOPLE RIGHT NOW THAT ARE THAT THERE'S THERE'S SO MUCH ADVERSITY THROUGHOUT THE WORLD, AND WE'RE TRULY BLESSED TO LIVE IN A GREAT NATION WHERE WE TRULY STILL ARE FREE.

AND SO IF IF YOU KNOW ANYTHING ABOUT THE MEDINA TRADITION, I'LL HAVE AT LEAST 6 TO 8 GRANDCHILDREN RUNNING AROUND HAVING A GREAT TIME.

WE'LL HAVE TURKEY, WE'LL HAVE HAM, AND IT'S A WONDERFUL, YOU KNOW, I INVITE PEOPLE, BUT ALL MY GRANDKIDS, THEY MAKE A LOT OF NOISE.

SO PRAISE THE LORD. I JUST LOVE THAT.

I LOVE THE NOISE THAT MY GRANDCHILDREN MAKE.

SO HAPPY THANKSGIVING EVERYONE.

AND NOW WE'RE ON ADMINISTRATIVE AND LEGAL REPORTS, MADAM SHERMAN.

[ADMINISTRATIVE AND LEGAL REPORTS]

AS COUNCIL IS AWARE, VERY RECENTLY WE LOST MARSHA PEDERSEN, WHO'S OUR CHIEF ACCOUNTANT.

AND SO HE'D LIKE TO SAY A FEW WORDS ABOUT HER IN HER HONOR.

THANK YOU. SUZANNE. MAYOR, COUNCIL EMPLOYEES OF THE CITY OF PALM BAY.

AND MOST IMPORTANTLY, THE CITIZENS OF PALM BAY.

ON OCTOBER 26TH OF 2023, MARCIA PITZER, A 16 YEAR EMPLOYEE FOR THE CITY OF PALM BAY AND A FRIEND OF MINE, PASSED AWAY AFTER A VERY LONG FIGHT WITH AN ILLNESS.

I WAS PRIVILEGED TO WORK WITH MARCIA FOR TWO AND A HALF YEARS, AND DURING THAT PERIOD OF TIME, IF YOU WOULD HAVE NOT HAVE KNOWN THAT SHE WAS ILL, YOU WOULD NEVER HAVE KNOWN IT.

SHE CAME TO WORK EVERY DAY.

SHE WORKED MANY, MANY TIRELESS HOURS.

SHE ALWAYS GAVE HERSELF TO THE CITY, AND HER DEDICATION TO THE CITY IS UNMATCHED WITH ANYBODY I'VE EVER SEEN FOR THE CITY.

SHE CONSTANTLY WORRIED ABOUT FINANCES FOR THE CITY.

THERE WERE ACTUALLY TIMES AND I CAN SHOW YOU.

I HAVE RECEIVED EMAILS FROM HER AT TWO, THREE AND 4:00 IN THE MORNING BECAUSE SHE WAS SO WORRIED ABOUT SOMETHING IN HER AREA, IN HER DIVISION.

THIS PAST SPRING, DURING THE CLOSING OUT OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT, MARCIA AGAIN BEING VERY SICK OR COUNTLESS HOURS TO ENSURE THE CITY MET ALL OF THE LEGAL REQUIREMENTS OF SUBMITTING THE DOCUMENTS TO THE STATE OF FLORIDA.

AND AS WE ALL KNOW, THAT WE HAD A NEW AUDITOR HERE AND IT WAS VERY DIFFICULT FOR EVERYBODY.

[01:20:05]

UH, FIVE DAYS BEFORE MARSHA PASSED, I HAD A CONVERSATION WITH HER, AND IT WAS ON THE FRIDAY BEFORE, AND SHE HAD ASKED IF SHE COULD COME IN TO WORK TO TRAIN STAFF.

I CALL THAT OUT JUST BECAUSE OF THE DEDICATION OF MARCIA? I MEAN, TO THE TO THE VERY END.

SHE WAS WORRIED ABOUT THIS CITY.

AND I HEARD IN HER VOICE WHEN I SAID, NO, MARCIA, YOU CAN'T.

AND I ACTUALLY HEARD AND SHE SHE SAID, OKAY.

AND AT THAT POINT I HEARD HER LET GO.

AND SHE FINALLY KNEW.

THAT IT WAS TIME TO LET THE THE CITY GO IN HER HEART.

SO MY STAFF ON MANY OCCASIONS HAD MADE STATEMENTS.

THAT THEY THEMSELVES COULDN'T CALL IN SICK TO WORK BECAUSE MARCIA NEVER DID.

AND KNOWING THAT WHAT SHE WAS GOING THROUGH.

THEY THEY JUST COULDN'T DO IT.

SO AGAIN, I AM UP HERE SAYING THIS ABOUT MARSHA AND ABOUT HOW PROUD I AM OF THAT LADY.

SO THIS IS VERY STRANGE, BUT.

MARCIA WAS A RARE AND WONDERFUL HUMAN BEING, AND MARCIA WILL LIVE THROUGH OUR MEMORIES FROM WITH STAFF AND THE MEMORIES THAT I HAVE. MARCIA, YOU IMPACTED SO MANY PEOPLE'S LIVES HERE IN THE CITY, AND I WANTED EVERYONE IN THE CITY OF PALM BAY TO KNOW THAT.

THANK YOU. THANK YOU, LARRY.

AND. AND THANK YOU FOR HONORING THE LEGACY OF MARCIA.

LARRY. OUTSTANDING JOB.

I KNOW WE WE'RE PRAYING FOR HER FAMILY.

UM, THE LOSS OF LIFE IS ALWAYS DIFFICULT FOR THOSE OF US THAT THAT REMAIN.

BUT, LARRY, YOU DID AN OUTSTANDING JOB OF OF SHARING YOUR HEART AND SHARING WHAT MARCIA MEANT TO THE CITY.

SO KUDOS TO YOU.

THANK YOU FOR DOING THAT.

I REALLY APPRECIATE THAT TIME WELL SPENT UNDER MADAM SHERMAN'S REPORTS.

TIME WELL SPENT.

MADAM SHERMAN. THANK YOU, MAYOR.

AND THANK YOU, LARRY. WELL DONE.

I HAVE SEVERAL OTHER ITEMS TO BRIEF COUNCIL ON.

FIRST IS, I WOULD REQUESTING CONSENSUS FOR US TO ESSENTIALLY BECOME A PART OF A CLASS ACTION? ACTUALLY, THERE'S TWO CLASS ACTION LAWSUITS WHERE THERE ARE SETTLEMENTS THAT ARE POTENTIALLY GOING FORWARD RELATED TO P-FAS CONTAMINATION AND PUBLIC WATER SYSTEMS, DRINKING WATER. SO I'M JUST REQUESTING CONSENSUS TO BE A PART OF THOSE.

AND SO THAT WOULD BE MY FIRST REQUEST.

I'M GETTING A THUMBS UP. YES.

OKAY. THANK YOU I APPRECIATE THAT.

CERTAINLY WITH THE CITY ATTORNEY'S HELP, WE WILL KEEP BRIEFING YOU AS WE GO FORWARD IN THAT PARTICULAR PROCESS.

THE SECOND THING IS I WANTED TO LET EVERYONE KNOW, AND THERE WAS A NEWS RELEASE THAT THE CITY PUT OUT EARLIER THIS WEEK, AND IT'S ON OUR CITY WEBSITE IF YOU NEED SOME MORE INFORMATION. BUT WE'RE HOLDING A COMMUNITY WORKSHOP TO REVIEW OUR VULNERABILITY ANALYSIS AND RESILIENCY BEST PRACTICES.

LAST YEAR, WE RECEIVED A $100,000 GRANT FROM FDEP TO CONDUCT A SOCIAL AND ECONOMIC VULNERABILITY ASSESSMENT.

SO PART OF THAT PROCESS IS TO CONDUCT TWO WORKSHOPS, ONE OF WHICH WILL BE COMING UP DECEMBER 5TH AT 6 P.M.

IN COUNCIL CHAMBERS.

THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL IS THE ENTITY THAT HAS BEEN PERFORMING THAT ANALYSIS FOR US, AND THEY WILL BE LEADING THE COMMUNITY WORKSHOP.

SO WE INVITE RESIDENTS, ANY OTHER INTERESTED STAKEHOLDERS TO COME OUT.

WE WILL BE PUTTING THE WORD OUT AS WE GET AGAIN, AS WE GET A LITTLE CLOSER TO IT.

IF THERE ARE QUESTIONS I JUST WANTED TO ANNOUNCE, FOR THOSE WHO ARE LISTENING, A WEBSITE YOU CAN GO TO FOR MORE INFORMATION AND ALSO TO REGISTER FOR THE WORKSHOP IS W-W-W WPBF.ORG/RESILIENCY. AND ALSO AGAIN THAT INFORMATION IS IF YOU GO TO THE CITY'S HOME PAGE, YOU GO TO THE NEWS SECTION.

IT'S ONE OF THE RELEASES WE PUT OUT THIS WEEK.

AND THE LAST THING I JUST WANTED TO MENTION SINCE OUR NEXT COUNCIL MEETING IS NOT UNTIL DECEMBER 7TH, IS I JUST WANTED TO, YOU KNOW, WE TALKED ABOUT THE VETERANS DAY PARADE AND THE EVENT THAT WE HAD THAT DAY AS WELL, AND WHAT A GREAT JOB STAFF DID.

SO I DIDN'T WANT TO LET THE TIME GO BY WITHOUT RECOGNIZING ALL THE AMAZING WORK THAT STAFF HAS BEEN PUTTING INTO PREPARING FOR OUR ANNUAL TREE LIGHTING CEREMONY AND OUR HOLIDAY LIGHT PARADE.

SO THEY'RE BOTH COMING UP.

FRIDAY, DECEMBER 1ST IS THE CHRISTMAS TREE LIGHTING AT 6 P.M.

[01:25:01]

AND THE VERY NEXT DAY, SATURDAY, ALSO AT 6 P.M., IS OUR GRAND ANNUAL EVENT OF THE HOLIDAY LIGHT PARADE ON MALABAR.

SO PLEASE JUST IF YOU'RE LISTENING, SPREAD THE WORD.

LET EVERYBODY KNOW THOSE ARE GREAT EVENTS IF YOU MISS THE TREE LIGHTING.

LAST YEAR WAS KIND OF A RETOOLED EVENT AND IT WENT VERY WELL AND WE'RE EXCITED ABOUT IT THIS YEAR AGAIN.

SO WELCOME EVERYONE TO COME OUT.

AND IF YOU NEED INFORMATION PLEASE LET US KNOW AND WE'LL GET THAT TO YOU.

THANK YOU SIR. YEAH WE HAD THOSE SINGERS RIGHT.

THOSE CAROL SINGERS. YES, CAROLERS.

WE HAD HOT, HOT COCOA AND LOTS OF OTHER FUN.

AND WE HAD PERFECT WEATHER FOR THE HOT COCOA TO CARRY ON.

DEPUTY MAYOR, WE LOVE OUR TREE.

THIS YEAR. YES, WE UPGRADED AGAIN.

YEAH, WE DEFINITELY UPGRADED.

NOW WE NEED LIGHTS.

RIGHT. OUTSTANDING.

ALL RIGHT, MR. RODRIGUEZ, ANY ANY REPORTS? SIR, I DO NOT HAVE A REPORT.

THANK YOU. SO WE'RE NOW BACK.

[PUBLIC COMMENTS/RESPONSES]

WHICH RAN TO 19 TRENTON AVENUE.

FIRST, THANKS FOR THE PARADE THAT WE HAD SATURDAY.

IT WAS GREAT TO PARTICIPATE IN IT, BUT ALSO GREAT TO SEE ALL THE FOLKS WAS THERE.

ALSO BIG THANK YOU TO PUBLIC WORKS.

I CALLED IN SEVERAL POTHOLES ON SANTA DOMINGO NORTH LAST WEDNESDAY, EITHER YESTERDAY AFTERNOON OR EARLY THIS MORNING.

THEY GOT REPAIRED.

AND I MEAN, THAT'S THAT'S QUICK.

ONCE AGAIN, THAT DIVISION HAS JUST SURPRISED ME WITH THE QUICKNESS.

THEY CAN GET THINGS DONE.

NOW FOR MY BITCH SESSION.

THIS MANDATORY HOOKUPS YOU GOT FOR WATER AND SEWAGE FOR THESE PEOPLE.

HOW MANY OF THEM ACTUALLY HAVE SEWAGE AND WATER VERSUS THOSE THAT THOSE THAT JUST HAVE WATER? AND IT SEEMS THAT THAT WAS DONE LEANING MORE TOWARD MANDATORY HOOKUP FOR SEWERS BECAUSE OF ENVIRONMENTAL IMPACT MORE SO THAN WATER.

SO I'M JUST WONDERING WHAT'S THE CORRELATION BETWEEN HAVING BOTH OR HAVING ONE? CROSSING GUARDS FOR THE PARADE.

THEY ALSO PARTICIPATED.

I DIDN'T HEAR ANYONE MENTION THEM, SAID VOLUNTEERS.

YES, THEY'RE ALL YOU SAID ALL VOLUNTEERS.

IT JUST HELPS TO SAY THAT SO THEY CAN HEAR THEM TRACKING THAT AS YOU WERE, SIR.

WELL RECEIVED. THANK YOU.

NO PROBLEM. THE OTHER THING, MR. BATTEN KIND OF EDUCATED ME ON AN OLD.

POLICY THAT WAS, I DON'T KNOW IF IT WAS A POLICY OR A COMPREHENSIVE PLAN, BUT IT HAS TO DO WITH.

THE MAXIMUM AMOUNT OF HOOKUPS THAT'S REQUIRED.

AND FROM WHAT I'VE READ, IT'S FROM 1990 OR 1988.

SO IT'S WAY BACK. COMPREHENSIVE PLAN.

THAT'S WHAT IT WAS. AND I WAS JUST WONDERING IF YOU GUYS COULD LOOK AT THAT AND MAYBE BRING THAT BACK IN WITH THIS MANDATORY HOOKUP YOU GOT PUT SOME KIND OF STOPPAGE TO ALL THESE SEPTIC TANKS THAT'S GOING IN.

I'VE HAD. FOR IN MY NEIGHBORHOOD ALREADY.

AND WE'RE ALL ON WELLS AND SEPTICS.

AND I'LL BE GLAD TO SHARE WHAT I HAVE WITH YOU HERE.

MISS SUSAN, I GUESS THAT'S ALL THAT I GOT.

AND THANKS FOR THE BIRTHDAY WISH THERE.

SOMEBODY'S GOING TO PAY FOR THAT.

AND YOU KNOW WHO? THANKS.

MADAM CHAIRMAN, BEFORE WE GO ON.

YES, SIR. SO THE ANSWER TO THE WATER AND SEWER NUMBER.

IT'S. THERE ARE 289 PARCEL DEVELOPED PARCELS THAT ARE NOT CONNECTED TO WATER OR SEWER.

SO IT'S 289 THAT ARE WOULD HAVE TO CONNECT TO BOTH WATER AND SEWER, RIGHT.

TO HAVE BOTH ACCESSIBLE.

BUT THEY AND THEIR DEVELOPED PARCELS BUT THEY HAVE NOT CONNECTED.

SO 289 AND THEN THE TOTALS, AS YOU MIGHT RECALL, THERE'S A TOTAL OF 1066 DEVELOPED PARCELS WHERE SEWER IS AVAILABLE WHOLE, CITYWIDE AND THEN SEPARATELY THE WATER WHERE THERE ARE DEVELOPED PARCELS, BUT THEY'RE NOT CONNECTED AS 2344 PARCELS, BUT THERE'S ONLY 289 THAT ARE SHOULD CONNECT TO BOTH NOW.

RIGHT. JUST A QUICK FOLLOW UP ON THAT.

WHAT IS THE PENALTIES IF THEY DON'T DO IT WHEN THEY SAY WE'RE NOT GOING TO DO IT.

SO THE QUESTION WAS WHAT ARE THE PENALTIES IF THEY IF THEY DON'T DO IT.

THAT'S GOING TO BE AN INTERESTING DISCUSSION OKAY.

SO ESSENTIALLY WHAT'S GOING TO HAPPEN IS THEY'RE GOING TO HAVE THEY'RE GOING TO GET THE LETTERS NEXT YEAR.

[01:30:02]

AND THEY WILL HAVE A YEAR TO CONNECT.

AND WE ARE GOING TO AS YOU KNOW FROM THE PAST, CONVERSATIONS, WORK VERY HARD TO ASSIST THE RESIDENTS, TO MITIGATE THE COST, TO CONNECT HOW WE HAVE TO TACKLE VIOLATIONS OF ORDINANCE AFTER THAT WILL BE SOMETHING WE'LL NAVIGATE THROUGH WITH THE CITY ATTORNEY.

THANK YOU. THANK YOU.

MR. CHIEF. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

I HAVE TWO ITEMS TO ADDRESS.

IT WAS VERY NICE.

I GREATLY APPRECIATED THE NATIVE AMERICAN RECOGNITION.

YOU HURT MY FEELINGS LAST YEAR WHEN YOU DID NOT RECOGNIZE AND YOU SAID YOU WERE GOING TO, AND I WAS GOING TO KEEP MY MOUTH SHUT.

AND THEN WHEN I SAW IT, I SAID, GOOD JOB.

I GREATLY APPRECIATED IT.

RIGHT. BUT WITH THAT BEING SAID, IT WOULD BE NICE.

I KNOW MELBOURNE AND WICKHAM PARK, THEY BENEFIT GREATLY FROM THIS.

I WANT TO SAY POW WOW, BUT IT'S NOT.

IT'S MORE. IT'S A GREAT FUNCTION.

IT'S FANTASTIC.

LOTS AND LOTS AND LOTS OF PEOPLE TURN OUT.

IT COULD BE A GREAT ASSET IF WE COULD SOMEHOW CONVINCE THEM TO MOVE IT TO PALM BAY, THE BIGGEST CITY, THE MOST GREATEST POPULATION.

AND SO WE COULD MOVE THAT BIG OF A FUNCTION INTO PALM BAY, IT WOULD BE A GREAT ACCOMPLISHMENT.

SECOND ITEM.

EXCUSE ME, WAS I BROUGHT IT UP AT THE LAST COUNCIL MEETING WHERE IT WAS PROPOSED THAT YOU COULD HAVE PAY AHEAD FOR WATER AND SEWER HOOKUP, WHERE THAT COULD BE WHERE YOU COULD DO IT.

CASE IN POINT MIGHT BE WE HAVE LOTS THAT ARE DEVELOPED, BUT THEY HAVE WATER AND SEWER IN FRONT OF THEM WHERE THE PEOPLE SAY, WELL, I CAN PAY AHEAD NOW WITH A SMALL PORTION, OR COULD I BE ELIGIBLE FOR THE HOOKUP FEE GRANT FUND, SOMETHING LIKE THIS WHERE YOU CAN ACTUALLY UTILIZE IT BECAUSE SOME PEOPLE MIGHT SAY, I'M NOT GOING TO HOOK UP JUST BECAUSE I CAN'T AFFORD IT. I'D RATHER JUST KEEP MY LAND VACANT FOREVER AND A DAY AND YOU WON'T GET ANY BENEFIT.

THAT'S JUST ONE THING.

THE OTHER ONE WOULD BE IF YOU GO BACK AND LOOK TO SEE WHAT THE PRESENTATION WAS THAT SAID, HOW COULD YOU PAY AHEAD JUST SO YOU COULD START BANKING FOR THAT FUTURE EXPENSE? YOU WOULD HAVE? BECAUSE I KNOW A LOT OF PEOPLE THAT HAVE HAD THEIR HOMES 50 YEARS NOW, SOME OF THEM EVEN MORE, AND THEY'RE GOING TO HAVE TO TAKE OUT IF YOU DON'T FUND THEM, THEY'RE GOING TO HAVE TO TAKE OUT SECOND MORTGAGES ON THEIR HOME THAT THEY'VE OWNED FOR 50 YEARS AS A FINANCE SAY, HOW CAN WE? SOMEHOW OFFSET THAT TO THEM AND THE REST OF THE RESIDENTS.

SO YOU DON'T HAVE PREFERENTIAL TREATMENT.

THANK YOU. YEAH.

SO THE FIRST ONE I WANT TO ADDRESS IS WHEN WE WERE READING THAT PROCLAMATION TO CLARE ELLIS, THOSE WERE MY THOUGHTS EXACTLY. WHY NOT HAVE THEM AT PALM BAY? SO I'M GOING TO ASK IF WE COULD HAVE THAT DISCUSSION WITH CLARE.

I CAN GIVE YOU THAT CONTEXT.

SHE IS THE ORGANIZER TO BRING IT TO PALM BAY.

SO I'M IN AGREEMENT WITH BILL ON THAT.

AND THEN THE OTHER PART OF THAT IS, IS IS THERE A WAY WE COULD WORK OUT A PROGRAM THAT BILL IS TRYING TO DO WITH THE HOOKUP? IS THAT AN OPPORTUNITY LIKE PREPAY THAT? I CAN'T ANSWER THAT RIGHT NOW, BUT I KNOW CHRIS IS PAYING ATTENTION AND LISTENING, SO WE WILL CERTAINLY LOOK AT THAT.

OKAY. THANK YOU.

ANYONE ELSE WISH TO SPEAK? SEEING NONE. THIS MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.