Jun 06, 2019 Council Meetings - Regular

[00:00:01]

PLEASE HAVE A SEAT. I'M GOING TO CALL THE REGULAR COUNCIL MEETING TO ORDER. OUR

[Call to Order]

PLEASE RISE. LET US BOW OUR HEADS. HEAVENLY FATHER LORD GOD WE THANK YOU TONIGHT FOR THE OPPORTUNITY TO COME BEFORE YOUR PRESENCE IN THIS MEETING. WE ASKED FOR YOUR BLESSING UPON THIS BOARD OF COMMISSIONS, UPON THE ELECTED OFFICIALS, THIS CITY AND THE PEOPLE WHO ARE GATHERED HERE TODAY. FATHER WE ASK FOR YOUR WISDOM IN THIS MEETING THAT EVERY DECISION MAKING IS ACCORDING TO YOUR WILL AND FOR YOUR GLORY. WE THANK YOU FOR THIS BLESSING AND FOR YOUR GRACE UPON US IN JESUS CHRIST MIGHTY NAME THAT WE PRAY. AMEN.  THANK YOU ROBERT. TERRI ROLL CALL. MAYOR CAPOTE. HERE. DEPUTY MAYOR ANDERSON. HERE. COUNCILMAN SANTIAGO. HERE. COUNCILMAN BAILEY. HERE. COUNCILMAN JOHNSON. HERE. MS. MORRELL. HERE.

MRS. SMITH. HERE. THANK YOU. ANNOUNCEMENTS. YES SIR MR. MAYOR. WE HAVE

[Announcements]

[Agenda Revisions & Consent Agenda]

[Recognition]

THANKS FOR HAVING ME HERE TONIGHT. EVERY SO OFTEN IN THE LEGISLATURE WE HAVE THE ABILITY TO PROVIDE A TRIBUTE TO A CITIZEN AND THAT'S WHAT I'M HERE TO DO TONIGHT AND I ASKED TO DO IT HERE BECAUSE HE'S SOMEONE WHO'S DONE A LOT NOT ONLY FOR OUR COMMUNITY BUT FOR  THIS CITY IN PARTICULAR. SO I KNOW YOU HAVE A LONG MEETING. I WILL BE BRIEF. I WOULD JUST SAY THIS. YOU KNOW PART OF WHAT ALWAYS MADE AMERICA GREAT IS WHEN NEIGHBORS TOOK CARE OF NEIGHBORS, NOT BECAUSE THEY WERE PAID, NOT BECAUSE THEY WERE ELECTED, BUT THEY DID IT BECAUSE IT WAS THE RIGHT THING TO DO. AND THE PERSON THAT I'M HERE TO RECOGNIZE AND I KNOW YOU'LL JOIN ME IN RECOGNIZING THAT IS SOMEONE WHO HAS DONE THAT. I'D LIKE TO READ YOU THIS TRIBUTE, AN OFFICIAL TRIBUTE FROM THE FLORIDA HOUSE OF REPRESENTATIVES. IT IS FOR THOMAS REBMAN WHO'S SITTING RIGHT HERE ON THE FIRST ROW.

IT SAYS WHEREAS THOMAS REBMAN A RETIRED LIEUTENANT IN THE UNITED STATES NAVY AND A SEVENTH GRADE CIVICS TEACHER AT ODYSSEY MIDDLE SCHOOL HAS SERVED THE PALM BAY COMMUNITY FOR SEVERAL YEARS AS A VOLUNTEER AND ADVOCATE FOR THE HOMELESS. AND WHEREAS BEGINNING IN 2014 THOMAS REBMAN BECAME VOLUNTARILY HOMELESS FOR NEARLY 100 DAYS TO BRING AWARENESS TO THE STRUGGLES HOMELESS PEOPLE ENDURE IN DIFFERENT CITIES ACROSS THE COUNTRY BY DOCUMENTING HIS EXPERIENCE ON SOCIAL MEDIA AND THROUGH HIS EDUCATION AND ADVOCACY CHARITY HOMELESS AND HUNGRY. AND WHEREAS WITH EMPATHY LOVE AND COMPASSION THOMAS REBMAN HAS BEEN AN ADVOCATE ACROSS THE STATE AND PARTICULARLY HERE IN PALM BAY WHERE HE WAS INSTRUMENTAL IN ESTABLISHING THE CITY'S FIRST COLD NIGHT SHELTER. AND WHEREAS THOMAS REBMAN HAS ALSO GATHERED PARTNERS FROM THE COMMUNITY TO ASSIST WITH IDENTIFYING AND CONNECTING HOMELESS INDIVIDUALS TO ESSENTIAL SERVICES AND COORDINATING THE EFFORTS OF LOCAL NONPROFIT AGENCIES

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LITERALLY WE HAVE A LOT OF CITIZENS THAT NEED A LOT OF HELP AND I DON'T WANT THAT TO GET LOST TONIGHT. IT'S VERY IMPORTANT TO ME THAT WE FIND A WAY TO DEAL WITH PEOPLE WITH LOVE AND COMPASSION AND HELP THEM INTO HOUSING AND I HOPE THAT THIS AWARD HELPS FURTHER THAT CAUSE AND GETS PEOPLE'S ATTENTION SO THAT THEY BECOME AS INVOLVED AS I AM. THANK YOU. THANK YOU. [APPLAUSE] THANK YOU REPRESENTATIVE FINE. WE'VE GOTTA DO THE PHOTO THING. TO ALL OF YOU FOR LETTING US DO THAT HERE TONIGHT. THANK YOU GUYS VERY MUCH. THANK YOU. ALL RIGHT. WE'RE GOING TO MOVE ON TO PRESENTATION. MRS. MORRELL.

[Presentations]

EAST WEST DEPENDS ON SEVEN CAUSEWAYS AND GOOD MOBILITY ON THESE IS CRITICAL TO KNIT THE COMMUNITY TOGETHER SOCIALLY AND ECONOMICALLY. SO THE INFLUENCE OF EACH MODE TRANSCENDS JURISDICTIONAL BOUNDARIES. AN EXAMPLE WOULD BE THE GROWTH OF THE PORT LEADS TO THE NEED FOR THE BEACH LINE TO BE WIDENED. SOMEONE NEEDS TO BE LOOKING AT THE BIG PICTURE, COORDINATING AND PLANNING AMONG ALL THE DIFFERENT MODES AND AGENCIES AND THAT IS WHAT THE TPO IS CREATED TO DO. WE ALL KNOW THAT ROADS DON'T STOP AT CITY LIMITS OR THE COUNTY LINE AND THE USER DOESN'T CARE WHO OWNS THE ROAD. THEY JUST WANT TO GET TO WHERE THEY'RE GOING SAFELY AND IN A REASONABLE DEPENDABLE TIME. SO IT'S CRITICAL THAT WE VIEW TRANSPORTATION HOLISTICALLY AND THAT WE TALK TO EACH OTHER ABOUT HOW TO IMPROVE IT AND THE TPO IS THE FORUM WHERE THOSE DISCUSSIONS CAN OCCUR. SO WE ALSO  HAVE TO THINK REGIONALLY. WE'RE PART OF THE CENTRAL FLORIDA MPO ALLIANCE WHICH IS A SIX MPO FORUM THAT PLANS TRANSPORTATION ON A REGIONAL STANDPOINT. DEPUTY MAYOR ANDERSON IS A MEMBER OF THAT BOARD ALONG WITH TWO OTHER TPO BOARD MEMBERS. AND SO OUR MARKET IS REALLY LARGER THAN A SINGLE ENTITY. WE'RE PART OF THE ORLANDO MARKET. WE ARE DEPENDENT ON THEM AND THEY IN TURN RELY ON US. WE HAVE SEVERAL FEATURES HERE THAT ARE ECONOMIC ENGINES FOR THE ENTIRE REGION. WE HAVE THE KENNEDY SPACE CENTER, PATRICK AIR FORCE BASE, THE BEACHES, PORT CANAVERAL AND WE NEED TO HAVE THAT GOOD REGIONAL

[00:10:04]

JOHN'S HERITAGE PARKWAY THAT HAVE BEEN INCLUDED IN OUR PROJECT PRIORITIES OVER PROBABLY 20 YEARS. THE CONCEPT HAS EVOLVED AND GROWN OVER TIME AND EVEN CHANGED NAMES OVER THE YEARS. BUT I THINK IT'S USEFUL TO VIEW THE PARKWAY NOT AS A SINGLE PROJECT BUT THE MAJOR COMPONENT OF A GROUP OF INTERRELATED AND MUTUALLY SUPPORTIVE TRANSPORTATION IMPROVEMENTS. THIS OF COURSE IS OUR DIVERGING DIAMOND INTERCHANGE TO THE PARKWAY THAT WILL BREAK UP THAT LONG STRETCH BETWEEN FELLSMERE AND MALABAR ROAD AND IT WILL CONNECT THE NEW INTERCHANGE TO BABCOCK NEAR DAVIS LANE. OF COURSE THIS IS AN OLD PICTURE. IT LOOKS A LOT DIFFERENT RIGHT NOW BUT THE PROJECTS ARE EXPECTED TO BE COMPLETE LATE SUMMER EARLY FALL. BECAUSE OF BREVARD'S GEOGRAPHY WE NEED TO HAVE REDUNDANCY IN THE SYSTEM. THE PURPOSE AND NEED OF THE PARKWAY WAS TO CREATE A NEW REGIONAL TRAVEL ROUTE THAT WILL ALLEVIATE CONGESTION ON THE EXISTING ROADS TO IMPROVE ACCESS TO MAJOR EMPLOYMENT CENTERS AND TO PROVIDE ROADWAY CAPACITY TO MEET THE HIGH GROWTH SOUTH COUNTY AREA. SEGMENT B WHICH IS THE PURPLE SWATH THAT ENTERED OUR PRIORITY LIST PROBABLY ABOUT TWO YEARS AGO IS GOING TO BE UNDERGOING AN ALTERNATIVE CORRIDOR EVALUATION STUDY TO EVALUATE AND IDENTIFY LIKELY CORRIDOR ALIGNMENTS THAT WOULD THEN FEED INTO THE PD&E'S STUDY. AND THIS IS NECESSARY FOR NEW ROADWAYS FOR FEDERAL ELIGIBILITY THROUGH NEPA THE NATIONAL ENVIRONMENTAL POLICY ACT. SO THIS STUDY WAS TO BE ADVERTISED TODAY BY THE COUNTY AND WE VERY MUCH LOOK FORWARD TO WORKING WITH THE COUNTY AND THE CITY STAFF TO GET TO A FINAL PRODUCT AND GET TO A FINAL REPORT SO WE CAN DETERMINE WHAT DIRECTION WE NEED TO GO IN FOR THE PD&E STUDY. MOVING ON TO THE NEXT ONE. OH I'M SORRY. EXCUSE ME. I WAS A LITTLE BIT TOO FAST. THE PARKWAY IS CONSTRUCTED JUST FOR THE AUDIENCE  FROM MALABAR UP TO US 192 AND THE COUNTY HAS AWARDED THE CONSTRUCTION CONTRACT FROM US 192 UP TO THE NEW ELLIS INTERCHANGE. AS YOU KNOW THE NEW ELLIS INTERCHANGE IS CURRENTLY UNDER CONSTRUCTION AND WILL CONNECT TO THE PARKWAY TO THE WEST AND THEN PROVIDE THAT DIRECT CONNECTION TO THE AIRPORT AND THE BUSINESSES ALL AROUND IT. AND THIS MAKES THE WIDENING OF ELLIS EVEN MORE CRITICAL TO ACCOMMODATE THE TRAFFIC. THE COUNTY HAS THE DESIGN PLANS OF THE ELLIS WIDENING AT 60 PERCENT AND THE RIGHT OF WAY IS PROGRAMMED OVER A FIVE YEAR PERIOD WITH FEDERAL FUNDING BUT WE DO NOT HAVE CONSTRUCTION MONEY AND SO THE GOAL IS TO ADVANCE THAT RIGHT OF WAY ACQUISITION AND THEN GET CONSTRUCTION FUNDED SOONER RATHER THAN LATER. SO SOUTH BABCOCK MOVING BACK DOWN TO THE SOUTH. THE WIDENING FROM MICCO TO MALABAR ROAD IS IN THE PD&E PHASE. A PUBLIC MEETING IS TENTATIVELY SCHEDULED FOR JULY 30TH AT THE KNIGHTS OF COLUMBUS. I THINK THEY'RE STILL PUTTING THE FINISHING TOUCHES ON THAT AT THE DOT. DESIGN IS PROGRAMMED IN FISCAL YEAR 21. RIGHT OF WAY AND CONSTRUCTION IS NOT FUNDED AND THIS IS GOING TO BE ANOTHER EXTREMELY IMPORTANT PROJECT WITH THE OPENING OF THE INTERCHANGE AND THE FUTURE OF THE PARKWAY. SO MOVING TO THE NORTH THE STATE ROAD PORTION OF BABCOCK FROM MALABAR UP TO PALM BAY ROAD. FINISHED THE PD&E BACK IN 2002.

WE ARE FINALLY IN THE RIGHT OF WAY PHASE WITH FUNDING PROGRAMMED FROM 2019 THROUGH 2024. CONSTRUCTION REMAINS UNFUNDED AND THIS IS A PROJECT THAT HAS BEEN ON THE PRIORITY LIST FOR MANY MANY YEARS. THE INTERSECTION OF BABCOCK AND PALM BAY ROAD IS THE BUSIEST INTERSECTION IN BREVARD COUNTY TOPPING OUT AT ABOUT  68,000 VOLUMES ON ALL THE LEGS OF THAT INTERSECTION. OKAY. MOVING ON TO MALABAR

[00:15:07]

RIGHT OF WAY AND CONSTRUCTION REMAINS UNFUNDED AT THIS TIME. AND THEN OF COURSE WE HAVE OUR MALABAR WEST WIDENING FROM MILTON TO THE ST. JOHN'S HERITAGE PARKWAY. WE DO HAVE THE PD&E FUNDED. IT WILL BE ADMINISTERED BY THE CITY OF PALM BAY AND SO IT'S IN THE VERY EARLY STAGES RIGHT NOW BUT THIS IS ANOTHER PROJECT THAT WE REALLY NEED TO MOVE FORWARD. SO THERE ARE A LOT OF PROJECTS, A LOT OF NEEDS GOING ON DOWN HERE IN THE SOUTH PART OF THE COUNTY FOR STATE AND FEDERAL FUNDING. AND SO I WANT TO END AS I USUALLY END MY PRESENTATIONS AND THAT IS THE REASON WE'RE NOT MOVING THESE PROJECTS QUICKER. AND THE REASON WHY WE'RE NOT BUILDING MORE IS THAT WE'RE CONSTRAINED BY OUR REVENUE. WE HAVE RISING CONSTRUCTION AND LABOR COSTS, MORE FUEL EFFICIENT CARS AND THE REVENUE IS JUST NOT KEEPING UP WITH THE COST OR THE DEMAND OF OUR TRANSPORTATION NEEDS. AND OF COURSE ELECTRIC CARS PAY NO GAS TAX WHATSOEVER AND WE'RE GETTING MORE AND MORE ELECTRIC CARS. AND THEN JUST TO CLOSE I WOULD SAY THAT YOU KNOW MOST CITIZENS JUST DO NOT REALIZE HOW EXPENSIVE TRANSPORTATION IS. THEY DO NOT REALIZE HOW LONG IT TAKES AND THAT THERE IS A PROCESS TO IDENTIFY AND AGREE UPON AND FUND THESE IMPORTANT PROJECTS AND PROGRAMS. AND IT TAKES FEDERAL STATE AND LOCAL GOVERNMENT TO MAKE ALL OF THIS HAPPEN. AND THE DECISION MAKING BEGINS WITH OUR BOARD OF ELECTED OFFICIALS. AND SO I WILL CLOSE AND JUST SAY THANK YOU FOR YOUR LEADERSHIP. THE THREE MEMBERS ON OUR TPO BOARD WE APPRECIATE THAT SO MUCH. AND WE HAVE A LOT OF WORK TO DO AND I VERY MUCH LOOK FORWARD TO TACKLING THE CHALLENGES THAT WE HAVE IN TRANSPORTATION DOWN HERE. THANK YOU GEORGANNA. I HAVE ONE QUESTION BECAUSE THIS QUESTION WAS PRESENTED TO ME AND IT HAS TO DO WITH MALABAR TO US 1 REALLY IS THE FIRST PHASE, THE MALABAR TO THE COREY. WOULD THAT BE ACCURATE? YES.

HOW IS THAT ONE LOOKING? SO IT'S.

ABOUT FROM THE INTERCHANGE TO THE HOSPITAL? NO, NO, NO, NO.  FROM MALABAR ROAD HERE.  BABCOCK. BABCOCK TO US 1. SORRY. YOU MEAN AS FAR AS THE PD&E OR THE? RIGHT.  HOW FAR ARE WE FROM GETTING TO CONSTRUCTION? RIGHT. GOTCHA. WE ARE QUITE A WAYS AWAY AND THE RIGHT OF WAY ESTIMATE THAT CAME OUT OF THE PD&E WAS TO THE TUNE OF I WANT TO SAY 27 MILLION. JUST FOR THAT FIRST PHASE? THIS IS FOR THE WHOLE SECTION. I'M SORRY. YES. JUST FOR THE WHOLE SECTION. BABCOCK TO US 1. FROM BABCOCK TO US 1. OK. SO THAT'S A LOT OF MONEY. NOW IT IS A POSSIBILITY ESPECIALLY AS WE MOVE INTO THE DESIGN PHASE DO WE WANT TO POTENTIALLY DESIGN IT IN A WAY THAT WE CAN CONSTRUCT IT IN PHASES IN WHICH CASE PERHAPS WE CAN MOVE FORWARD WITH THE PALM BAY SECTION AND THAT IS SOMETHING THAT I THINK WE REALLY DO NEED TO LOOK AT VERY CLOSELY WHEN THIS MOVES INTO THE DESIGN PHASE. THAT WAS THE DISCUSSION THAT INITIALLY WE WERE HAVING, THAT THAT FIRST PHASE BECOMES A PRIORITY BECAUSE OF THE HOSPITAL AND NOT HAVING A LIGHT THERE. SURE. AND PEOPLE HAVING TO WALK AND ALL THOSE DIFFERENT THINGS. THAT MAKES SENSE. THAT MAKES SENSE. SO I THINK WHEN WE MOVE INTO THE DESIGN PHASE WHICH WILL BE COMING UP VERY SOON WE WILL DEFINITELY LOOK AT THAT AND HAVE THAT CONVERSATION AND SEE IF WE CAN EXPEDITE IT. COUNCIL. JUST THANK YOU VERY MUCH FOR COMING. I KNOW HOW HARD YOUR JOB IS. I SERVE ON A COUPLE OF THOSE BOARDS SO I APPRECIATE THE HARD WORK THAT YOU DO AND YOU'VE GOTTEN TONS OF FUNDING FOR PALM BAY SO I APPRECIATE THAT. THANK YOU VERY MUCH. THANK YOU. NUMBER 2 WITH MRS. MORRELL. YES MAYOR, COUNCIL. I'D LIKE TO.

OUR COMPREHENSIVE ANNUAL FINAL REPORT IS ACTUALLY READY AND YOU HAVE COPIES AND I BELIEVE YOU HAVE BRIEFINGS TODAY. SO WITH US TONIGHT IS MOORE STEPHENS LOVELACE FOR A PRESENTATION REGARDING THE CAFR AND THE CONSIDERATION OF FORWARDING THE REPORT TO THE AUDITOR GENERAL. GREAT. GOOD EVENING MAYOR, COUNCIL. PLEASURE TO BE HERE. MY NAME'S JOEL KNOPP AND I'M ENGAGEMENT SHAREHOLDER FOR THE AUDIT OF THE CITY OF PALM BAY FOR THE FISCAL YEAR ENDED SEPTEMBER 30 2018. AND I'M PLEASED TO BE HERE TO PRESENT THE RESULTS OF THE AUDIT AS WELL AS A FEW FINANCIAL HIGHLIGHTS. SO I POINT YOU TO THE SLIDES THAT I HAVE PREPARED. FIRST OFF I WANT TO POINT YOU TO OUR REQUIRED COMMUNICATIONS UNDER OUR PROFESSIONAL

[00:20:02]

OUR NEXT REPORT IS ON GRANTS SPECIFICALLY AND THIS RELATES TO THE FEDERAL GRANTS AND THE STATE GRANTS FOR THE CITY. WE DID IDENTIFY TWO INTERNAL CONTROL FINDINGS RELATED TO THE MAJOR GRANTS. ONE RELATED TO THE SCHIP PROGRAM SPECIFICALLY AS IT RELATES TO THE REPORTING OF ELIGIBLE COSTS AND THEN THE SECOND ONE WAS A CONTINUATION OF THE PRIOR YEAR FINDING RELATED TO PAYROLL ALLOCATIONS. AND THOSE FINDINGS ARE DETAILED IN THE REPORT. MANAGEMENT DID PROVIDE A RESPONSE FOR THOSE FINDINGS AS WELL AS A CORRECTIVE ACTION AND WE WILL BE FOLLOWING UP ON THAT IN THE NEXT AUDIT TO ENSURE THAT THOSE COULD BE CLEARED. BUT THOSE ARE INCLUDED. THE TWO FINDINGS RELATED TO THE SCHIP PROGRAM AS WELL AS THE CDBG GRANT AND WE DID QUALIFY OUR OPINION ON THOSE TWO GRANTS IN PARTICULAR BECAUSE OF THE COSTS RELATED TO THOSE FINDINGS. THE OTHER TWO GRANTS WE LOOKED AT THE FEMA GRANT AND THE STATEWIDE SURFACE GRANT THAT WAS A STATE GRANT, THERE WERE NO FINDINGS RELATED TO THOSE SO THOSE WERE UNMODIFIED OPINIONS. THE NEXT REPORT YOU'LL FIND IN THE DOCUMENT IS OUR MANAGEMENT LETTER REQUIRED BY THE RULES OF THE AUDITOR GENERAL. WE DID ADDRESS AND COMMUNICATE ONE MANAGEMENT LETTER COMMENT AND THIS WAS AGAIN SOMEWHAT OF A CONTINUATION OF THE PRIOR YEAR COMMENT RELATED TO BUILDING INSPECTION ADVANCE THAT WAS PROVIDED TO THE ENVIRONMENTAL FEE FUND THAT WE JUST WANTED THE CITY TO TAKE A LOOK AT HOW POSSIBLY TO RESTORE THAT ADVANCE BECAUSE THE CURRENT PAYMENT STRUCTURE WAS NOT ACCOMPLISHING THAT VERY QUICKLY SO. THE NEXT AND LAST REPORT YOU'LL FIND ON PAGE 206 IS RELATED TO THE CITY'S COMPLIANCE WITH ITS INVESTMENT POLICIES AND THERE IS NO FINDINGS NOTED THERE SO A CLEAN REPORT FOR THE CITY. NEXT SLIDES ARE JUST COVERING A FEW FINANCIAL HIGHLIGHTS. THIS SLIDE IN PARTICULAR IS WHAT WE CALL THE CITY WIDE ANALYSIS BECAUSE IT INCORPORATES FULL ACCRUAL ACCOUNTING SO IT INCLUDES THE LONG TERM ASSETS AND LONG TERM LIABILITIES OF THE CITY. YOU'LL SEE HERE THE ASSETS DID INCREASE FROM  169.8 MILLION TO 188.6 MILLION FOR GOVERNMENTAL ACTIVITIES.

THAT'S PRIMARILY IN THE CAPITAL INFRASTRUCTURE. THE KEY NEGATIVE FIGURE

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COUNCIL DO YOU HAVE ANY QUESTIONS? YEAH. THANK YOU JOEL. CAN YOU GO BACK TO SLIDE 8? I JUST HAVE A QUESTION. I UNDERSTAND THAT WE DID HAVE SOME NEW RULES WHICH I KNOW THAT OTHER MUNICIPALITIES WOULD SEE THE SAME TYPE OF CHANGES IN THE UNRESTRICTED AS A PERCENTAGE OF THE TOTAL EXPENSES. I'M JUST CURIOUS THOUGH WHERE WOULD YOU PLACE US WITH THE OTHER FLORIDA COMMUNITIES THAT YOU HAVE AS FAR AS THAT THAT REGARDS. DOES THAT LOOK NORMAL? ARE WE ABOVE OR BELOW AVERAGE? WELL YEAH THAT UNRESTRICTED NUMBER YOU WOULD GENERALLY WANT TO SEE POSITIVE. SO IT IS NOT UNUSUAL HOWEVER DUE TO THE IMPLEMENTATION OF THE NET PENSION LIABILITY STANDARD AS WELL AS THIS RECENT OPEB STANDARD FOR THAT TO BE A NEGATIVE NUMBER. THE LEVEL OF THAT NEGATIVE NUMBER WE SEE, THERE'S A LOT OF DISPARITY ON THE AMOUNT. I MEAN IT REALLY DEPENDS ON THE OVERALL HEALTH OF THE CITY AND THE CITY IN PARTICULAR AS IT RELATES TO ITS PENSION OBLIGATIONS. THAT'S WHERE THE MAJORITY OF THAT NEGATIVE NUMBER GENERATES BACK IN. I BELIEVE THERE'S ALMOST 55 MILLION IN LONG TERM DEBT THAT IS RELATED TO PENSION OBLIGATIONS THAT THE CITY ISSUED THAT DEBT YEARS AGO BUT THAT UNFORTUNATELY CREATES THAT NEGATIVE NUMBER. BUT YEAH IT REALLY IS. I MEAN WE SEE A PRETTY WIDE RANGE OF HOW NEGATIVE THAT NUMBER IS. YOU KNOW WE WORK WITH ONE CITY THAT HAD A $300 MILLION DOLLAR OPEB IMPACT AND SO THEY OBVIOUSLY SHOWED A HUGE NEGATIVE NUMBER IN IT. IT REALLY DEPENDS MORE ON THE SIZE OF THE ENTITY BUT I WOULD SAY THAT'S NOT UNUSUAL FOR WHAT YOU HAVE RIGHT NOW. SO TO BE CLEAR IT'S NOT ABNORMAL TO SEE IN THE NEGATIVE BUT THERE ARE STILL MUNICIPALITIES OUT THERE THAT WOULD BE POSITIVE? YES BUT IT'S NOT VERY POSITIVE.

IT'S A PRETTY MINIMAL AMOUNT. SO AGAIN WHILE THIS IS A NEW REQUIREMENT  AND THE ACCOUNTING RULES WERE AN ATTEMPT TO TRY TO ALLOW A GOVERNMENT TO COMPARE

[00:30:05]

IT'S JUST GOOD TO KNOW THE PENSIONS ARE DRIVING THAT. YES. WE'RE ALMOST. BONDS. THANK YOU. ANY OTHER QUESTIONS? IF NOT I'M GONNA NEED A MOTION. I'LL MOTION. SECOND.

SECONDED BY DEPUTY MAYOR ANDERSON. ANY FURTHER QUESTIONS COUNCIL? IF NOT I'M GOING TO CALL IT. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED SAY NAY. OKAY. UNANIMOUS. THANK YOU. THANK YOU VERY MUCH. PUBLIC COMMENTS. DOUGLAS [INAUDIBLE] AND JOANNE. I'M

[Public Comments/Responses]

HOMES ON THAT AREA AND FROM THE BACK OF OUR HOME TO THE CULVERT IS ABOUT SIX FEET.

WHAT I'M GONNA HAVE YOU DO IS SPEAK WITH CITY MANAGER. WE HAVE A PUBLIC WORKS PERSON IN THE AUDIENCE AND THEY COULD DIRECTLY SPEAK TO YOU AND MAYBE WE COULD HELP YOU WITH THAT. SURE. VERY GOOD. I HOPE SO. HE'S  GONNA POINT YOU TO FRANK WHO WILL COME UP. FRANK IS IN THE BLUE SHIRT. HE'S GOT CARDS FOR YOU AND. SPEAK WITH FRANK. THANK YOU.

HE'LL TAKE YOU OUTSIDE. THANK YOU.  YOU'RE WELCOME.  FRANK'S GONNA TAKE YOU OUTSIDE. OUT BACK.

LORI OVERCASH. GOOD EVENING. THANK YOU FOR HEARING ME. I SPOKE LAST MONTH ABOUT THE DEV. I SPOKE LAST MONTH ABOUT THE DEVASTATING EFFECTS OF FIREWORKS ESPECIALLY THE MORTAR TYPE FIREWORKS THAT SOMEONE WITH SEVERE PTSD AND HOW MY REQUEST TO THE PALM BAY POLICE TO PLEASE HELP FOR OVER TWO YEARS HAD FALLEN ON DEAF EARS. MEMORIAL DAY WEEKEND WAS THE FIRST HOLIDAY SINCE MOVING TO PALM BAY MY THERAPY ANIMALS AND I WEREN'T BEING TRAUMATIZED. I CAN'T DESCRIBE HOW INCREDIBLE IT FELT TO BE ABLE TO WALK OUTSIDE ON A KNOWN FIREWORKS HOLIDAY AND NOT EXPERIENCE MORTAR SHELLS GOING OFF. TELLING YOU I'M GRATEFUL DOES NOT BEGIN TO EXPRESS MY APPRECIATION FOR HOW THIS HAS BEEN HANDLED THROUGHOUT THE MEMORIAL DAY WEEKEND. INTERIM CHIEF NELSON MOYA KEPT HIS WORD AND PLAN. WE HAD A PLAN. HE ADVISED US TO FOLLOW AND IT IS WORKING. I'M DEEPLY GRATEFUL. CITY COUNCIL YOU MADE A DIFFERENCE. INTERIM CHIEF NELSON MOYA, MELISSA ROGERS COMMUNITY RESOURCE OFFICER AND THE MANY OTHERS BEHIND THE SCENES WITH PALM BAY POLICE THAT MADE PEACE POSSIBLE AND MADE A DIFFERENCE I AM DEEPLY GRATEFUL. OUR

[00:35:05]

EARL SIMMONS. GOOD AFTERNOON HONORABLE MAYOR AND COUNCIL. MY NAME IS EARL SIMMONS. I LIVE AT 1024 PINEWOOD DRIVE HERE IN PALM BEACH FLORIDA. AND MY ISSUE FIRST OF ALL I'D LIKE TO BORROW A COMMENT FROM REPRESENTATIVE RANDY FINE: NEIGHBORS TAKING CARE OF NEIGHBORS. I DO CONSIDER MYSELF A NEIGHBOR. I'M A CONCERNED CITIZEN AND MY CONCERN IS ON PINEWOOD DRIVE THERE IS NOT ANY ROAD MARKERS. WHAT I'M SPEAKING OF ROAD MARKERS DIVIDING THE ROAD. THE ROAD IS VERY DANGEROUS. WE HAVE. WELL NOT WE BUT IN THAT AREA I THINK IT IS ABOUT MAYBE A THOUSAND

[00:40:06]

THOMAS GAUME. 1700 LANTANA COURT NW. AGAIN WANTED TO JUST SAY MY REMEMBRANCE OF D-DAY 75 YEARS AGO TODAY. THERE'S VERY VERY FEW OF THOSE GUYS LEFT BUT 10,000 MEN DIED THAT DAY. 6500 OF THEM WERE AMERICANS. SO GOD REST THEIR SOULS AND WE HAVE THEM TO THANK FOR OUR FREEDOMS OTHERWISE WE'D BE EITHER SPEAKING JAPANESE OR GERMAN AT THIS POINT. AGAIN A REMINDER TO THE RESIDENT THAT SCHOOL'S OUT SO WE HAVE YOUNG PEOPLE RUNNING AROUND DURING THE DAY. YOU ALSO HAVE A LOT OF INEXPERIENCED DRIVERS OUT AND ABOUT DURING THE DAY. SO DEFENSIVE DRIVER THANK GOODNESS WE NOW HAVE A PRIMARY LAW THAT PREVENTS TEXTING AND DRIVING. I'D MENTIONED TO COUNCILMAN SANTIAGO ABOUT THE BID VACANCIES THAT KEEP BEING ADVERTISED. AND I QUESTION WHY THOSE SEATS HAVE TO BE FILLED BY RESIDENTS INSIDE THE BID WHEN THE FUNDS THAT FUND THE BID ARE ACTUALLY TAXPAYER MONEY NOT MONEY. YOU KNOW WE ALL HAVE A STAKEHOLDERS PLACE IN THE BID SO THAT MONEY BELONGS TO EVERY RESIDENT IN THE CITY NOT JUST THE PEOPLE THAT LIVE WITHIN THAT DISTRICT AND THOSE SEATS SHOULD BE OPENED UP TO AT LARGE SEATS FROM THE CITY. THE LAST THING I'D LIKE TO TALK ABOUT AND I'M KIND OF DISAPPOINTED REPRESENTATIVE FINE DIDN'T STICK AROUND. THEY DID THE CAFR THE CAFR REPORT AND I KNOW WE HAVE AN AUDIT COMING IN FROM THE STATE BUT I WENT BACK AND LOOKED AT THE AUDIT REQUESTS FROM THE STATE THAT REPRESENTATIVE FINE SUBMITTED BACK IN 2017 AND THE FIRST PARAGRAPH SAYS I'M REQUESTING THE AUDITOR GENERAL TO GET A COMPREHENSIVE AND IN-DEPTH AUDIT OF OPERATIONAL PRACTICES AND MANAGERIAL OVERSIGHT. NOWHERE DOES IT SAY IT'S A FINANCIAL AUDIT OR A FORENSIC AUDIT. AT THE TIME THAT THIS LETTER WAS SUBMITTED WE WERE IN THE PROCESS OF GOING FORWARD AND THROUGH THE PROCESS OF DOING A

[00:45:06]

THANK YOU. REVEREND SPELLMAN. HOPE YOU'RE NOT TAKING ALL OF THIS OUT OF MY TIME. WELL THREE MINUTES OVER. WHOOPS I'VE DISAPPEARED. RICHARD SPELLMAN 873 FAITH STREET IN PALM BAY FLORIDA AND WE HAVE A NEON MEETING NEXT MONDAY NIGHT AT 6:00 TO 7:00. YOU'RE WELCOME TO COME. I'M NOT QUITE SURE WHO'S GOING TO BE THERE YET BECAUSE WE CAN'T GET ALL OF THE SUPPLIES THAT WE NEED TO GET SOME PEOPLE FROM CITY HALL AT THAT POINT.

BUT I WAS. AS YOU READ THE CHIEF BOOK THAT YOU NEED TO READ IS THIS BOOK. THIS IS THE BIBLE. BECAUSE EACH ONE OF THESE SPEAKERS THAT HAVE BEEN UP HERE WITH QUITE A BIT OF LENGTH THEY'VE GOT THEIR BIBLE IN A SENSE TO SPEAK AND HOW WE OPERATE THINGS IN THE WORLD. WHEN OUR GOD HAS SET THAT FORTH IN THE SCRIPTURES AND I WAS AMAZED. THERE WAS A THERE'S A PASSAGE BACK IN HEBREWS IN THE 13TH CHAPTER. I MIGHT REFER YOU BACK TO THAT. IT SAID GOD IS THE SAME YESTERDAY TODAY AND FOREVER.

GOD IS NOT GOING TO CHANGE. WE MUST MAKE THE CHANGES. GOD WILL NEVER COMPROMISE TO DO SOMETHING THAT HE'S ALREADY SPOKEN ON. HE SOMETIMES WILL MAKE CONDITIONAL AGREEMENTS WHICH MAY NOT CARRY OVER BUT THEN HE WILL MAKE AGREEMENTS THERE WHERE PEOPLE WILL BEGIN TO SEE WHAT THEIR RESPONSE IS. I HAD QUITE A THING FIGURED OUT ON THIS BUT I HAVE A WAY OF THAT CLOCK RUNS QUITE FAST WITH ME. BUT  READ YOUR BIBLE AND THINK ABOUT WHAT'S HAPPENED TODAY HAS HAPPENED IN THE PAST BECAUSE YOU'LL SEE THAT A NUMBER OF TIMES THAT THE PEOPLE WILL BE REFERRING TO MARITAL PROBLEMS, SEXUAL PROBLEMS, ALL SORTS OF PROBLEMS. EVERY GENERATION HAS HAD IT.

AND IF YOU TAKE A LOOK AT AND READ THE BIBLE IN DIFFERENT SECTIONS AND YOU'LL SEE THAT WHY THE ISRAEL WOULD GO UP AND THEN IT WOULD LOSE OUT.

BASICALLY THE SAME THING. PEOPLE BECOME SELFISH. THEY BECOME GREEDY. AND SO GOD SAYS NO WE CAN'T DO IT THIS WAY. HERE'S THE WAY TO DO IT. BUT THEY DON'T PAY ATTENTION AND QUITE OFTEN WE DON'T PAY ATTENTION TO WHAT NEEDS TO REALLY BE DONE TO HELP PEOPLE TO LIVE IN THE WORLD IN WHICH WE LIVE. AND YOU'LL FIND THOSE DISCUSSIONS TAKING PLACE HERE. BUT I WAS GOING TO READ SOME OTHER THINGS AT THAT PARTICULAR POINT BUT I WANTED TO READ MY FAMOUS ILLUSTRATION ABOUT PRAYER. PRAYER IS SO IMPORTANT. GOD IS LISTENING TO US. HE'S HEARD THIS  DISCUSSION SINCE THE BEGINNING OF TIME. AND WHEN DID TIME BEGIN? IN THE BEGINNING GOD.

SO GOD IS THERE. AND THIS IS FROM A  PEANUT FARMER BACK IN 1921 WHEN HE APPEARED TO THE HOUSE OF REPRESENTATIVES AND WANTED SOME MONEY TO HELP THE THING.

AND SO WE'RE TALKING, I'M TALKING ABOUT GEORGE WASHINGTON CARVER. SEE THERE MY GOODNESS. BUT HERE REAL QUICK AND I'M THROUGH. CARVER. THEY SAID DR.

CARVER WHERE DID YOU GET ALL THIS INFORMATION ABOUT THE PEANUT? AND HE SAID FROM A BOOK. AND THE COUNSELOR SAID WHAT BOOK? THE BIBLE. WHERE IN THE BIBLE DOES IT REALLY TALK ABOUT THIS AND THEN HE GOES ON TO SAY THAT THE BIBLE DOESN'T GIVE ALL THE INFORMATION ABOUT THE PEANUT BUT HERE'S WHAT CARVER SAID. NO SIR BUT IT TELLS OF THE GOD WHO MADE THE PEANUT. AND THIS IS THE PART THAT I LIKE. AND I ASKED HIM TO SHOW ME WHAT TO DO WITH THE PEANUT AND HE DID. GOD ALWAYS LISTENS TO US AND THIS

[00:50:06]

MY COMPLIMENTS TO THE COUNCIL THERE. AND MAYOR YOU'VE DONE, YOU DO A GOOD JOB. I JUST WONDER IF YOU, HAVE YOU LOST THAT EXTRA WEIGHT? [LAUGHTER] IN TIME. KEEP TRYING. LET'S ALL VERY SINCERELY INCLUDE THE MAYOR  IN YOUR PRAYERS AT THIS POINT BECAUSE GOOD HEALTH WILL MAKE HIM EVEN MORE ACTIVE THAN HE THOUGHT HE COULD BE. THANK YOU MEMBERS OF THE COUNCIL. YOU'VE DONE WELL. BUT KEEP OUR PRAYER. GO TO THE SCRIPTURES. REMEMBER GOD IS THE SAME YESTERDAY TODAY AND FOREVER. YOU CAN ALMOST PREDICT THE FUTURE WITH WHAT'S HAPPENING IN OUR SOCIETY TODAY AND YOU'LL SEE THAT IT'LL COME OUT PRETTY ACCURATE. SO GOD IS ON THE JOB. WE'RE TRYING TO BE WELL DONE AND THANK YOU. THANK YOU MR. SPELLMAN. HAVE A GOOD NIGHT. YES. IF I CAN STAGGER BACK OVER NOW. I BET I CAN WALK FROM HERE TO THE CHAIR. YOU'RE GONNA BE OKAY.

THANK YOU FOR THAT.  SHE'S GONNA ADDRESS SOME THINGS. THANK YOU MAYOR. ON THE ITEM OF THE POOL AND IT BEING CLOSED. THERE IS A SEVERE ISSUE WITH THE POOL THAT WE'VE BEEN LOOKING AT. IT HAS LOST WATER SINCE THE SPRING. OUR SWIM TEAMS ARE OUT AND OUR POOL IS CLOSED DUE TO SOME HEAVY DUTY LEAKAGE BETWEEN ELECTRICAL LIGHTING LINER POSSIBLE MORE UNDERNEATH THE POOL. IT'S A SPECIALIZED MYRTHA POOL AND GETTING CONTRACTORS AND PRODUCTION OUT HERE HAS BEEN DIFFICULT BUT WE ARE SECURING THAT NOW AND I THINK IN A WEEK OR SO WE HAVE AN AWARD TO HAVE SOME OVERSIGHT TO REPAIR THE POOL. AND UNFORTUNATELY THE TIMING IS POOR. ETA ON THAT IS PROBABLY PAST THE SEASON. BOO-HOO. AND WE ARE TRYING TO EXPEDITE IT AS FAST AS POSSIBLE BUT THERE ARE PROCUREMENT AND THEN THERE'S LEAD TIMES FOR EVERYTHING ELSE SO. MAYOR IF I MAY. ACTUALLY I WANTED TO ADDRESS BUTCH'S COMMENTS AS WELL SOMETHING I WAS  GOING TO ADDRESS UNDERNEATH MY COUNCIL REPORT. BUT IT HAS BEEN SOMETHING I'VE BEEN LOOKING AT CLOSELY. WE  TOOK OVER THOSE FACILITIES FROM THE COUNTY AND NOW IT'S BEEN A BIT CONCERNING TO ME IT WASN'T UNTIL OUR NEW CITY MANAGER LISA TOOK OVER IN DECEMBER THAT I AT LEAST AS A COUNCIL MEMBER AND I BELIEVE THE REST OF THE BOARD FOUND OUT THAT THIS WAS AN OBVIOUS THING THAT WAS HAPPENING AND WE DIDN'T KNOW IT WAS GONNA BE SHUT DOWN FOR THE SEASON UNTIL AFTER SHE STARTED. SO SOMETHING THIS IMPORTANT WE MOVE QUICKLY AS POSSIBLE. IT'S ALSO VERY EXPENSIVE I DON'T THINK I HEARD THE POSSIBLE COST BUT I KNOW IT'S IN THE HUNDREDS OF THOUSANDS. NOW WHAT WE'RE LOOKING AT IS GONNA BE A MAJOR BID. AND SO I'M A LITTLE BIT CONCERNED. I'VE BEEN ASKING HER TO LOOK CLOSELY AT THIS. WE HAD A BUDGET.

WE HAVE BEEN FROM WHAT I CAN SEE FROM THE RECORDS GIVEN TO ME THE BUDGET AND THE PROMISES MADE AS FAR AS WHAT WE WERE GOING TO GET FROM THESE FACILITIES. WE'VE BEEN UNDER REVENUE AND WE'VE BEEN OVER EXPENSES THEREFORE WE'VE HAD AN EVEN GREATER SHORTFALL THAN EXPECTED AND EVEN GREATER THAN WHAT THE COUNTY WAS REALIZING. WE WENT THE WRONG WAY IN MY OPINION. SO I REALLY HOPE THAT I'VE BEEN ENCOURAGING AND HOPE THAT MS MORRELL LOOKS AT THIS VERY CRITICALLY. AND I KNOW SHE HAS AND SHE WANTS TO RESOLVE IT. I'TS HITTING A LOT OF PEOPLE IN THE COMMUNITY NOW THAT SUMMER TIMES HERE AND NOW ESPECIALLY AS STUDENTS ARE OUT. I REALLY THINK THAT'S SOMETHING WE NEED TO LOOK AT AND FIGURE OUT. WHERE DID THIS GO WRONG AND WHY DO WE WAIT SO LONG BEFORE WE FIGURED OUT THAT WE NEEDED TO DO SOMETHING ABOUT IT AND TELL SOMEBODY.

BECAUSE I'M A LITTLE BIT UPSET QUITE FRANKLY THAT IT TOOK SO LONG. ANYTHING ELSE? MRS. MORRELL. I WILL STATE THAT THE LINER OF THE POOL HAS GOT A LASTING LIFE OF 15 YEARS AND I BELIEVE IT'S IN YEAR 17. SO WHEN WE DID ACQUIRE THE POOLS THE LINER HAD PROBABLY YOU KNOW LIVED ITS LIFE. SO IT WAS AN EXPENSE THAT WAS GONNA BE

[00:55:03]

[Public Hearings]

ATTORNEYS WHO ARE APPEARING ON BEHALF OF A PARTY AND NOT PROVIDING TESTIMONIAL EVIDENCE ARE NOT CONSIDERED WITNESSES AND NEED NOT BE SWORN. ANY INDIVIDUAL ADDRESSING THE COUNCIL MUST STATE HIS OR HER NAME AND CONFIRM THAT A SPEAKER CARD HAS BEEN SIGNED. COUNCIL SHOULD DISCLOSE ANY EX PARTE COMMUNICATION BY DISCLOSING THE SUBJECT MATTER OF THE COMMUNICATION AND THE IDENTITY OF THE PERSON GROUP OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE. THE ORDER OF THIS PROCEEDING WILL BE AS FOLLOWS. FIRST THE APPLICANT WILL MAKE HIS PRESENTATION FOLLOWED BY STAFF COMMENTS FOLLOWED BY ANY OTHER INTERESTED PARTY OR PERSON. APPLICANT WILL THEN BE ALLOWED CONCLUDING REMARKS. THE HEARING WILL THEN BE CLOSED AND NO ADDITIONAL TESTIMONY OR ARGUMENT WILL BE ALLOWED. THE COUNCIL WILL THEN DELIBERATE IN PUBLIC AT THE END OF DELIBERATION. A COUNCIL MEMBER WILL MAKE A MOTION ON THE APPLICATION TO BRING THE MATTER TO A VOTE. EVERY COUNCIL MEMBER IS THEN FREE TO VOTE IN FAVOR OR AGAINST SOME MOTION TO APPROVE THE APPLICATION. MRS. MORRELL. THANK YOU MAYOR. THE FIRST PUBLIC HEARING WE HAVE  TONIGHT IS FOR NORTMAN PALM BAY LLC FOR THE APPROVAL OF FINAL PLAT OF A PROPOSED COMMERCIAL DEVELOPMENT TO BE KNOWN AS PALM BAY PLACE AND COMMUNITY COMMERCIAL DISTRICT FOR ZONING OF 17 AND HALF ACRES. IT WAS A UNANIMOUS APPROVAL FOR THE REQUEST SUBJECT TO STAFF COMMENTS CONTAINED IN THE STAFF REPORT WHICH HAD INCLUDED A CONDITION FOR ELIMINATION OF THE 25 LANDSCAPE BUFFER REQUIREMENT AT THE EAST BOUNDARY ABUTTING THE FLORIDA DEPARTMENT OF TRANSPORTATION RETENTION POND. THANK YOU. WITH THAT I'M GONNA OPEN THE PUBLIC HEARING AND ASK NORTMAN PALM BAY LLC TO COME UP. GOOD EVENING MY NAME IS ERIK JULIANO WITH BOWMAN CONSULTING 4450 W.EAU GALLIE CAUSEWAY SUITE 232 MELBOURNE FLORIDA. I AM REPRESENTING THE APPLICANT. I PRETTY MUCH YOU KNOW EVERYTHING'S PRETTY MUCH INCLUDED IN THE STAFF REPORT. WE AGREE WITH THE ZONING BOARD'S APPROVAL OF THE PLAT. THE ONE THING THAT WE DID WANT TO CALL YOUR ATTENTION TO WAS THE ITEM THAT SHE  MENTIONED WHICH IS NUMBER SIX WHICH IS THE RELIEF FROM THE REQUIREMENT TO HAVE A PERMANENT 25 FOOT LANDSCAPE BUFFER ON THE EAST SIDE OF OUR PROPERTY BECAUSE THERE IS A LARGE FDOT POND BETWEEN US AND THE RESIDENCES TO THE EAST OF US. SO I'M HERE FOR ANY QUESTIONS. IF YOU GUYS HAVE ANYTHING I'D BE HAPPY TO HELP.YOU CAN HAVE A SEAT. ALL RIGHT. THANK YOU. THANK YOU. IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? IS THERE ANYTHING ELSE THAT THE CITY NEEDS TO ADD? LISA. I DO NOT BUT IF YOU HAVE QUESTIONS FOR STAFF THEY ARE AVAILABLE. OKAY. WITH THAT I'M GONNA CLOSE THE PUBLIC HEARING, ASK COUNCIL FOR A MOTION. MAYOR I MAKE A MOTION TO APPROVE CASE NUMBER FS-1-2019 SUBJECT TO STAFF COMMENTS CONTAINED IN STAFF REPORT AND ALSO WITH THE RECOMMENDATIONS FROM P&Z SECONDED BY COUNCILMAN JOHNSON. ANY FURTHER QUESTIONS COUNCIL? IF NOT I'M GOING TO CALL IT. I DID HAVE A QUESTION. DO WE NEED TO ADD SOMETHING FOR THIS 25 FOOT BUFFER? IS THAT ADDRESSED IN THE STAFF COMMENTS? THAT WAS IN THE STAFF COMMENTS. WANT TO MAKE SURE IT'S IN THE P&Z RECOMMENDATION. GOTCHA. THANK YOU. ANY FURTHER QUESTIONS? NO. IF NOT I'M GONNA CALL IT. ALL IN FAVOR SAY AYE. AYE. OPPOSED SAY NAY. MOTION CARRIES. GOOD LUCK. ITEM NUMBER TWO. MRS. SMITH RESOLUTION NUMBER 2019-14 A RESOLUTION OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA GRANTING A CONDITIONAL USE FOR A CAR WASH IN CC COMMERCIAL DISTRICT ZONING. WHICH PROPERTY IS LOCATED IN THE VICINITY NORTHEAST OF THE INTERSECTION OF BABCOCK STREET AND MALABAR ROAD AND LEGALLY DESCRIBED HEREIN. GRANTING THE USE AS A CONDITIONAL USE, PROVIDING FOR CONSTRUCTION TO BE IN COMPLIANCE WITH THE SITE PLAN, PROVIDING FOR A COMMITMENT PERIOD, PROVIDING FOR AN EFFECTIVE DATE. THANK YOU MRS. SMITH. WITH THAT I'M GOING TO OPEN THE PUBLIC HEARING AND ASK YOU TO COME BACK UP. I ALMOST SENT YOU AWAY TOO EARLY. GOOD EVENING. I'M REPRESENTING THE APPLICANT ERIC GIULIANO OF BOWMAN

[01:00:04]

ANYTHING ELSE TO ADD? JUST THAT THIS WAS APPROVED 4 TO 1 WITH THE P&Z WITH STAFF COMMENTS.  OKAY. WITH THAT I'M GOING TO CLOSE THE PUBLIC HEARING, ASK COUNCIL FOR A MOTION.

MOTION TO APPROVE RESOLUTION 2019-14. SECOND. SECOND BY COUNCILMAN SANTIAGO. ANY FURTHER DISCUSSION COUNCIL? IF NOT I'M GONNA CALL IT. ALL IN FAVOR SAY AYE. AYE. OPPOSED SAY NAY. MOTION CARRIES UNANIMOUS. OKAY. ITEM THREE MRS. SMITH. ORDINANCE NUMBER 2019-31 AND ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA APPROVING A  FINAL DEVELOPMENT PLAN TO BE KNOWN AS GULF COURT KEY PUD A PUD PLANNED UNIT DEVELOPMENT ZONING WHICH PROPERTY IS LOCATED NORTH OF AND ADJACENT TO GULFPORT ROAD IN THE VICINITY BETWEEN GRAPEFRUIT ROAD AND SABLE CIRCLE AND LEGALLY DESCRIBED HEREIN PROVIDING FOR A COMMENCEMENT PERIOD, PROVIDING FOR CHANGES IN ZONING MAP PROVIDING FOR AN EFFECTIVE DATE. THANK YOU MR. SMITH. AT THIS TIME I'M GONNA OPEN THE PUBLIC HEARING AND ASK WILLIAM BENSON TO COME UP PLEASE. GOOD EVENING MR. MAYOR AND COUNCIL. MY NAME IS BRUCE MOYA WITH MBB ENGINEERING 1250 W. EAU GALLIE BOULEVARD IN MELBOURNE FLORIDA. WE ALSO ARE HAPPY WITH THE STAFF RECOMMENDATION FOR APPROVAL AND ALSO WE WOULD HOPE THAT YOU WOULD ALSO ENTERTAIN THE P&Z'S RECOMMENDATION OF APPROVAL WITH THE REMOVAL OF THE SIDEWALK REQUIREMENT. BASICALLY THERE'S NO SIDEWALK IN THE AREA THAT WOULD IMPEDE THE DRAINAGE IN THE RIGHT OF WAY AND THIS PROPERTY IS ALREADY DONATING RIGHT OF WAY TO GET GULFPORT KEY OFF OF THEIR PROPERTY AND INTO THE CITY RIGHT OF WAY. SO THERE'S REALLY NO ROOM FOR IT AND IT WOULD JUST BE PROBABLY NOT A SAFE SITUATION. SO BESIDES THAT I'M HERE FOR ANY QUESTIONS IF YOU  HAVE THEM. THANK YOU. WITH THAT IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? IF NOT ANYTHING TO ADD LISA? JUST THAT THE UNANIMOUS APPROVAL BUT THERE ARE STAFF REPORT AND THE REQUIREMENTS TO PROVIDE THE SIDEWALKS ALONG THE FRONT OF THE PROPERTY ON THE PUBLIC STREETS. IT WAS REMOVED AND THE INTERNAL SIDEWALKS [INAUDIBLE]. SO THANK YOU. WITH THAT I'M GOING TO CLOSE THE PUBLIC HEARING, ASK COUNCIL FOR A MOTION. MAYOR MAKE A MOTION TO APPROVE ORDINANCE NUMBER 2019-31  SUBJECT TO STAFF COMMENTS. ALSO WITH THE RECOMMENDATIONS OF THE P&Z BOARD. SECOND. THIS IS A FIRST READING. WE'RE FIRST READING. THANK YOU MAYOR. OKAY. SECOND. SECOND BY DEPUTY MAYOR ANDERSON. ANY FURTHER DISCUSSION COUNCIL? IF NOT I'M GOING TO CALL IT. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED SAY NAY. MOTION CARRIES UNANIMOUS. ITEM NO. 4 MRS. SMITH. ORDINANCE NO. 2019-32 AN ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA AND IN THE CODE OF ORDINANCES TITLE 17 LAND DEVELOPMENT CODE CHAPTER 183. COMPREHENSIVE PLAN REGULATIONS SECTION  183.01 COMPREHENSIVE PLAN SUBSECTION D ADOPTION OF FUTURE LAND USE MAP AMENDING THE FUTURE LAND USE MAP PROVIDING FOR THE REPEAL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR AN EFFECTIVE DATE. THANK YOU MRS. SMITH. AT THIS TIME I'M GONNA OPEN THE PUBLIC HEARING AND ASK MIGDALY MARTINEZ TO COME UP. MAY I? YOU COULD BOTH COME UP. HELLO JOSE MARTINEZ AND MIGDALY MARTINEZ.

WHAT'S THE ADDRESS? 4185 KISSIMMEE PARK RD  ST. CLOUD FLORIDA. THANK YOU MR. MAYOR AND MEMBERS OF THE COUNCIL. TELL US WHAT YOU'RE. PROPOSING TO JUST WANT TO CONTINUE TO REMODEL OUR HOME THAT WE ACQUIRED LAST YEAR AND RELOCATE FAIRLY QUICKLY TO PALM BAY. OK. IS THAT IT? THAT'S ALL WE'RE TRYING TO DO YES.

OK. YOU CAN HAVE A SEAT FOR NOW. THANK YOU. WITH THAT IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK FOR AGAINST THIS ITEM? IF NOT DO YOU HAVE ANYTHING TO ADD? NOTHING? NO SIR. NOTHING AT ALL. OK. SO THEN I'M GOING TO CLOSE THE PUBLIC HEARING, ASK COUNCIL FOR A MOTION. MOTION TO APPROVE ORDINANCE NUMBER 2019-32. ONLY ONE READING REQUIRED. SECOND. SECOND BY COUNCILMAN SANTIAGO. ANY FURTHER DISCUSSION COUNCIL? IF NOT TO I'M GONNA CALL IT. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED SAY NAY. OK 5 0. ITEM NUMBER FIVE MRS. SMITH. ORDINANCE  2019-33 AN ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM HC HIGHWAY COMMERCIAL DISTRICT TO  RM 15 SINGLE TO MULTIPLE FAMILY RESIDENTIAL DISTRICT WHICH PROPERTY IS LOCATED EAST OF

[01:05:02]

AYE. ALL OPPOSED SAY NAY. MOTION CARRIES. PROCUREMENTS. 

[Procurements]

OKAY. PULLED. BILL BATTIN. YEAH. COME ON DOWN. BILL BATTEN 586 OCEAN SPRAY STREET SW. FIRST OFF WHY NOT BID OUT UNIT 32 ALSO AT THE SAME TIME? UNIT 31 AND 32 ARE THE ROADS BEING DONE AT THIS TIME. AND THE REASON WHY I'M SAYING WHY NOT BID OUT BOTH OF THEM AT THE SAME TIME WAS BECAUSE EVERY PROJECT IN THE PAVING TAKES MONTHS TO GET THERE RIGHT? AND SO IF WE'RE ALSO HAVE TO HAVE CULVERT REPLACEMENT IN UNIT 32 ALSO. AND WE'RE COMING UP ON THE END OF THIS THIS YEAR SUPPOSEDLY THESE ARE GONNA  BE DONE. SO MY QUESTION IS WHY NOT BID OUT 31 AND 32 AT THE SAME TIME INSTEAD OF TRYING TO GET IT DONE. BECAUSE I KNOW SINCE I LIVE IN 32 WELL THEY SAY WELL WE JUST FINISHED 31 BILL. YOU'RE NOT GOING TO GET IT TILL NEXT YEAR BECAUSE IT'S GOING TO TAKE TWO MONTHS FROM EVERY BID FROM START TO FINISH BY TIME YOU GO THROUGH EACH PROCESS. I UNDERSTAND THAT AND I'VE BEEN TO INFRASTRUCTURE ADVISORY BOARD MEETINGS. I'VE BEEN ATTENDING THEM.

UNFORTUNATELY THOSE MEETINGS DON'T ADDRESS YOU. SO NOW I'M HERE TO ADDRESS YOU AND WE'RE FALLING BEHIND SCHEDULE RIGHT? BUT THERE IS ALSO A BRAVO ZULU OR A JOB WELL DONE IN THAT ONE. AND THE FACT IS THAT MR. WANTANABE GOT $200,000 LESS FROM WHAT THE PROPOSED BUDGET WAS. SO THERE IS ALSO A PLUS IN THERE ALONG WITH THE NEGATIVE. THANK YOU VERY MUCH. THANK YOU BILL. ANYTHING TO ADD MRS. MORRELL? YES WE ARE ACTUALLY BIDDING OUT THOSE. THEY ARE KIND OF TAGGERED AND STANDARD SO I THINK YOU'LL SEE THESE CONSECUTIVELY COME BACK TO COUNCIL. THERE'S JUST A LITTLE BIT STAGGERED AMOUNT FOR REASONS OF BID BONDS AND LIMITATIONS OF CONTRACTORS AND FRANK IS SHAKING HIS HEAD YES SO I'M GONNA GO WITH THAT. THANK YOU SIR. ALL RIGHT. I NEED A MOTION COUNCIL. MAYOR I MAKE A MOTION TO APPROVE  AWARD OF BID AWARD OF IFB NUMBER 36-0- 2019 FOR THE SB CULVERT PIPE REPLACEMENT

[01:10:01]

SECOND BY DEPUTY MAYOR ANDERSON. ANY FURTHER DISCUSSION COUNCIL? JUST THAT THIS WAS $200,000 UNDER BUDGET.  WANTED TO MAKE SURE THAT WAS ON THE RECORD THERE.

NO PROBLEM. THERE YOU GO. WITH THAT I'M GOING TO CALL IT. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED SAY NAY.

MOTION CARRIES UNANIMOUSLY. ITEM TWO MRS. MORRELL.  INVITATION FOR BID AS WELL.

UTILITIES DEPARTMENT HAS SOME MANHOLE PIPE HOLE  MANHOLE REPLACEMENTS FOR THE SANITARY SEWER. ITEM WAS PULLED BY THE PUBLIC. BILL BATTIN. BILL BATTIN. 586 OCEAN SPRAY STREET SW. I KNOW YOU DON'T LIKE SEEING ME COMING UP HERE BUT I'M GOING TO KEEP DOING IT. OKAY. WE DON'T MIND. FIRST OFF WHEN I READ THROUGH THIS PACKET I READ IT AND REREAD IT AND REREAD IT. I COULDN'T FIND OUT WHERE THESE FAILED MANHOLE COVERS WERE WHERE IT WAS AT BECAUSE I WANTED TO KIND OF GO AND SEE HOW BAD THE SITUATION REALLY LOOKED. BUT I COULDN'T FIND THAT OUT AND MAYBE YOU CAN TELL ME THAT TONIGHT. WHAT I DID FIND STRANGE WHEN I WAS GOING OVER THIS WAS IT STARTED OUT THAT THE INITIAL ESTIMATE BUDGETED OUT AT EIGHTY THOUSAND. THEN IT WAS ENGINEER SAID IT WAS ONE HUNDRED AND FIFTY THOUSAND AND THEN THE ACTUAL AWARDED BID COMES OUT AT THREE HUNDRED THIRTY EIGHT THOUSAND. SO IT WENT FROM 80 K ESTIMATED 80 K TO THREE HUNDRED AND THIRTY EIGHT THOUSAND DOLLARS. I CAN'T SAY FOR SURE SPECULATING BILL BATTIN THE WAY HE IS THAT THERE'S A LOT OF PROJECTS GOING ON IN THE CITY. THIS IS GOING TO GET ME IN TROUBLE. THAT THE PEOPLE THAT ARE DOING THE JOBS THEY START TALKING. DIFFERENT COMPANIES START TALKING AMONGST THEMSELVES AND SAY WELL IF YOU DON'T BID ON IT I CAN BID THIS OUT AND I'LL BE THE ONLY SINGLE BID. I CAN MAKE IT MORE BECAUSE THERE'S ONLY A SINGLE BIDDER. IT'S ONLY A POSSIBILITY.

CONTRACTORS BEING CONTRACTORS AND I HAVE TO DEAL WITH THEM. I'M DEALING WITH THEM RIGHT NOW. BUT THAT'S THE REALITY THAT SOMETIMES HAPPENS. SO FROM 2018 WE WENT FROM 80 K TO 338 K IN 2019. THANK YOU VERY MUCH BILL. MRS. MORRELL. THIS YEAR WE ONLY RECEIVED ONE BID FOR THE SOLICITATION OBVIOUSLY. I CAN LET BOBBY MARTEL OUR CHIEF PROCUREMENT OFFICER SPEAK ON THAT OR OTHERWISE CHRIS LITTLE UTILITIES DIRECTOR CAN GIVE PROBABLY A LITTLE BETTER ON LOCATIONS ON WHERE THOSE ARE GOING. CHRIS LITTLE UTILITIES DIRECTOR. SO THE FIRST QUESTION WHERE IS IT LOCATED. US 1 AND THE TURKEY CREEK BRIDGE IS JUST TO THE SOUTHEAST. IT'S ON THE EAST SIDE OF U.S. 1. THERE IS A MANHOLE THAT'S BEEN THERE AND IT'S WRAPPED WITH CAUTION TAPE RIGHT NOW. IT'S IN A STATE OF DISREPAIR. IT NEEDS TO BE REPLACED. I ORIGINALLY SCOPED IT AND CAME UP WITH THE CALL ASSESSMENT BASED ON A SIMPLE REPAIR AND ITS PROGRESSED TO THE POINT OF FAILURE. SO WHEN I DESIGNED IT AND PUT IT OUT UNDER $50,000 SEEMED FEASIBLE. PUT IT OUT TO BID. IT CAME OUT 340. I WAS SHOCKED. PROCUREMENT WENT THROUGH THE PROCESS TO SEE WHAT HAPPENED AND PRETTY MUCH THE ANSWER IS EVERYONE'S BUSY. SO WHAT WE'RE ASKING TO DO IS EVEN THOUGH THE WARD IS FOR 340 WE WOULD LIKE TO NEGOTIATE WITH THE CONTRACTOR BECAUSE NOW IT'S TO THE POINT WHERE IT'S AN EMERGENCY OR GETTING TO THAT POINT TO NEGOTIATE TO SEE WHAT WE CAN DO TO MINIMIZE THE SCOPE WITHIN THAT BID AND ZERO IN ON THIS SPECIFIC PROBLEM WHICH IS THAT SPECIFIC MANHOLE.WITH  THAT COUNCIL I NEED A MOTION. UNLESS YOU HAVE QUESTIONS FIRST.

MAYOR I WAS GONNA ASK A QUESTION OR NOT MAYBE NOT FOR CHRIS BUT I DON'T KNOW IF  MS. MARCELLA OR LISA ALLOW IT. SHE CAN JUST SPEAK TO SEE WHAT TYPE OF INTEREST WE'VE HAD AND THEN WHAT DOES SHE THINK WE CAN SOLICIT? GOOD EVENING MAYOR CITY COUNCIL.

THIS PARTICULAR PROJECT WE DID CONTACT THE OTHERS PLAN HOLDERS AND THERE WAS A LOT OF ISSUES WITH NOT BEING AVAILABLE. THE PROJECT WAS TOO LARGE FOR THEM. THEY HAD INTEREST IN OTHER PROJECTS, ROAD AND CULVERT PROJECTS THAT ARE GOING ON IN THE CITY AND THEY WERE MORE INTERESTED IN SURPRISINGLY ENOUGH BIDDING ON THOSE CONTRACTS AND FOCUSING MORE ON THOSE THAT ON THIS PARTICULAR PROJECT FOR THIS CULVERT REPLACEMENT. AND AS CHRIS MENTIONED IT IS PRETTY MUCH AT AN EMERGENCY STATE OF REPAIR. I DON'T KNOW IF. I MEAN MAYBE CHRIS COULD SPEAK TO THIS A LITTLE BIT MORE BUT

[01:15:04]

ALL RIGHT. THAT'S ALL I GOT. SO GETTING BACK TO COUNCIL I NEED A MOTION. MAKE A MOTION TO APPROVE THE SANITARY SEWER CARRIER PIPE MANHOLE REPLACEMENT IFB 41 0219 UTILITIES DEPARTMENT [INAUDIBLE] UTILITIES INC $337,875.  SECOND. SECOND BY COUNCILMAN SANTIAGO. GO AHEAD. WELL I JUST WANTED TO REMIND THAT THE MOTION WAS TO AWARD IT. I THINK THAT THE RECOMMENDATION WAS TO AUTHORIZE THEM TO NEGOTIATE UP TO THAT AMOUNT. SO I JUST WANTED TO  MAKE SURE WE HAVE OUR. THAT'S  WHAT THE INTENT OF THE MOTION IS? I JUST WANT TO MAKE SURE THAT WE'RE NOT JUST SAYING GO AHEAD.

WE'RE GOING TO NEGOTIATE? THAT'S WHAT HE'S GONNA DO. I HAVE NO PROBLEM WITH THAT. I MEAN LOOK I KNOW BOTH OF YOU GUYS BOTH OF OUR STAFF MEMBERS HAVE TALKED ABOUT BEING EMERGENCY NATURED. SOMETIMES SUPPLY AND DEMAND DOESN'T WORK IN OUR FAVOR. SO BUT I CAN APPRECIATE THAT. I APPRECIATE MR. BATTIN HIGHLIGHTING IT FOR US AND ASKING THE QUESTIONS. I'M SORRY. YEAH. AND YOU KNOW I JUST WANT TO SORT OF ECHO SOME OF THOSE CONCERNS BECAUSE WHEN YOU DO SEE THAT THAT HUGE DISPARITY BETWEEN 80,000 AND 338,000 YOU'VE GOT TO ASK WHY. BUT YOU KNOW I KNOW BETWEEN OUR DIRECTOR OF UTILITIES AND PROCUREMENT YOU KNOW THEY'RE DOING EVERYTHING THEY CAN TO TRY TO SAVE OUR CITY AS MUCH MONEY AS POSSIBLE HERE. YOU KNOW THIS IS ONE OF THOSE CASES WHERE WE LET SOMETHING GO FOR SO LONG AND IT'S NO FAULT OF COURSE TO THIS ADMINISTRATION OR PERHAPS EVEN THE LAST. IT'S JUST SOMETHING THAT YOU KNOW AGAIN IT'S A GREAT LESSON OF WHEN YOU DON'T MAINTAIN AND KEEP MAINTAINING WHAT YOU HAVE IT'S JUST GOING TO COME BACK TO HAUNT YOU. AND THIS IS ONE OF THOSE THINGS. WE PUT OUT SO MANY BIDS AND ONLY ONE CAME BACK AND NOT SURPRISINGLY AS SHE SAID YOU KNOW THEY'RE MORE LOOKING AT THE BIGGER PROJECTS THAN THIS ONE HERE. SO IT IS WHAT IT IS AND IT'S SOMETHING THAT WE'RE GOING TO HAVE TO DEAL WITH AND WE JUST HOPE THAT WE CAN RENEGOTIATE BETTER PRICES HERE. I THINK WE CAN ALL AGREE CONSTRUCTION IS GOING OFF TO FIND SOMEBODY TO DO A JOB. YEAH. IT'S VERY VERY HARD AT THIS PRESENT TIME AND THEN TO PULL THEM OFF A BIG PROJECT FOR ONE EMERGENCY REPAIR AND NOT 10 EMERGENCY REPAIRS THEY'RE LIKE OKAY WELL YOU'RE GONNA HAVE TO PAY FOR MY SERVICES IF YOU WANT ME OUT THERE. ABSOLUTELY. IF YOU'RE TAKING ME OFF A JOB. AND MAYOR IF I MAY ADD JUST TO PIGGYBACK ON ALL THOSE COMMENTS THAT I THINK THE KEY THING WE REMEMBER IS THAT IF WE DELAY, THE COST OF DELAY WITH INCREASED COSTS OF THE ECONOMY RIGHT NOW AND OBVIOUSLY WE ALREADY SAW IT GO TO FURTHER DISREPAIR SO.

WITH THAT I'M GOING TO CALL IT. ALL IN FAVOR SAY AYE. AYE. ALL OOPPOSED SAY NAY. MOTION CARRIES UNANIMOUS. ON TO UNFINISHED AND OLD BUSINESS. DEPUTY MAYOR. I MAKE A MOTION TO REAPPOINT

[Unfinished and Old Business]

[Council Reports]

[01:20:02]

THAT'S ALL. ANYTHING ELSE? THAT'S ALL? THAT'S IT. OKAY. COUNCILMAN BAILEY. MAYOR EVERYBODY SHOULD HAVE IN FRONT OF YOU. I BELIEVE YOU DO TOO COUNCILMAN JOHNSON. EVERYBODY SHOULD HAVE IN FRONT OF YOU A  COPY OF THE EVALUATION FORM. IT'S SOMETHING THAT GOT MISSED HERE IN THE LAST MONTH OR SO BUT I JUST HOPE THAT NOW IF COUNCIL IS OKAY WITH IT IF WE CAN GET THESE FILLED OUT AND MEET WITH OUR [INAUDIBLE] OFFICERS. THE TWO THAT ARE DUE RIGHT NOW FOR THEIR ANNUAL REVIEW WOULD BE MS JONES OUR CITY CLERK AND MS SMITH OUR CITY ATTORNEY. SO  I'VE ALREADY TALKED TO THEM ABOUT THAT. I THINK THAT THEY'RE READY TO GO AS LONG AS WE ARE AND WE CAN BRING IT BACK FOR THE JUNE 20TH MEETING AS WE HAD DISCUSSED PREVIOUSLY. SO WE WOULD DO THESE INDIVIDUALLY, TAKE THE NEXT TWO WEEKS TO MEET WITH EACH PERSON TO DISCUSS WITH THEM AND THEN THE CITY CLERK WOULD DRAFT A MEMO, KIND OF COMPILING THEM TOGETHER FOR US. THAT WAS ON THE NOTES PROVIDED BACK FROM THE LAST DISCUSSION. I'M GOOD WITH IT. GOOD. SO THANK YOU. AND THE NEXT ITEM.TODAY BEING THAT IT'S SUMMERTIME I HAD THE PRIVILEGE TO ATTEND THE FUNERAL FOR TONY FIGARO A SENIOR. HE WAS A GREETER AT OUR LOCAL WAL-MART HERE IN MALABAR ROAD. SO A LOT OF YOU GUYS PROBABLY HAVE SEEN HIM EVEN IF YOU DIDN'T KNOW HIS NAME YOU'VE PROBABLY SEEN HIM SMILE. HE'S ALWAYS VERY KIND TO OUR CHILDREN TO MY SONS ESPECIALLY BUT OTHERS AS WELL. HE USUALLY HAD A PEPPERMINT OR SOMETHING THERE AND A STICKER OR SOMETHING TO BRIGHTEN UP EVERYBODY'S DAY. AND HE WAS A VETERAN OF THE KOREAN WAR. ALSO SERVED IN THE MERCHANT MARINES. AND I CAN SAY THAT YOU KNOW THE AMOUNT OF PEOPLE THAT SHOWED UP TODAY FROM THE POST 117 FROM THE AMERICAN LEGION AND FROM OTHER VETERANS ORGANIZATIONS AROUND HERE IT WAS A GREAT TURNOUT. AND I CAN TELL YOU THAT THE FAMILY WAS VERY TOUCHED BY THE TURNOUT. AND IT MEANT A LOT TO THEM AND I CERTAINLY WENT THERE TO TELL THEM ON BEHALF OF THE CITY THAT THEY HAD OUR CONDOLENCES.

THEY SHOULD BE PROUD OF HIM. BUT ALSO I TOLD THEM ON BEHALF OF MY FAMILY  THE WAY HE TOUCHED US BECAUSE WHEN YOU'RE GOOD TO MY KIDS YOU KNOW THAT MEANS A LOT TO ME. SO THE NEXT THING IS UTILITIES LUNCHEON. MR. LITTLE IF YOU LOOK ON MY FACEBOOK PAGE YOU'LL SEE YOU LOOKING LIKE SUPERMAN KIND OF STANDING MAYBE YOU'VE ALREADY SEEN IT AND YOU JUST  STRUCK THE POSE. BUT IT WAS A PRIVILEGE TO BE ABLE TO GET OUT THERE AND MEET WITH A LOT OF THE MEN AND WOMEN. YOU DON'T NECESSARILY SEE THEM. YOU MAY SEE THEIR TRUCKS BUT YOU DON'T NECESSARILY ALWAYS KNOW WHAT THEY'RE DOING BUT THEY'RE KEEPING OUR DAILY LIVES CLEAN AND HEALTHY. AND IT'S VERY IMPORTANT WHAT THEY DO. SO IF YOU DO SEE THEM IN THE NEXT WEEK OR ANYTIME YOU SEE THEM. BUT ESPECIALLY RIGHT NOW IF YOU DO SEE THEM PLEASE PLEASE LET THEM KNOW THAT YOU APPRECIATE THEM. TAKE THE TIME TO STOP AND TALK TO THEM FOR JUST A MOMENT JUST LET THEM KNOW THAT WE SUPPORT THEM. THEY'RE IMPORTANT PUBLIC SERVANTS FOR US THEY'RE UNSUNG HEROES. ALSO YESTERDAY WE HAD PUBLIX AND I KNOW MAYOR HAD A MEETING WITH ANOTHER GENTLEMAN FROM PUBLIX WHERE WE GOT TO LISTEN TO THE DEWAYNE STEVENSON. SO I KNOW THAT COUNCIL IS ACTIVELY LOOKING TO PURSUE THEM. AND IT WAS CERTAINLY GOOD SPEECH. HE WAS SPEAKING TO THE MISSION AND TO THE ATTITUDE THAT THEY TAKE AND ACTUALLY WHAT I TOOK FROM THERE IS WE NEED TO HAVE A  SIT DOWN WITH OUR MANAGEMENT.  NOT THAT THERE'S ANYTHING WRONG WITH OUR MANAGEMENT RIGHT NOW. I THINK SHE'S PROGRESSING QUITE WELL IN THE LAST SIX MONTHS BUT I CERTAINLY THINK THERE'S A LOT THAT ORGANIZATIONALLY WE CAN LEARN FROM THEM. AND THE WHOLE FOCUS WAS ON SERVITUDE AND I DID WANT TO REITERATE TO OUR LEADERS HERE. WE HAVE A LOT OF OUR DIRECTORS HERE TONIGHT.THAT ONE OF THE THINGS THAT HE SAID WAS THAT IF YOU HAVE THE ATTITUDE OF SERVITUDE WE CAN TEACH YOU THE REST. AND I THINK THAT'S ABSOLUTELY RIGHT. I THINK THAT'S VERY IMPORTANT AND I THINK THAT'S SOMETHING WE SHOULD CERTAINLY STRIVE FOR AS FAR AS A CULTURAL VALUE HERE IN THE CITY. SO ANYHOW THANK YOU. HE WAS AT THE PALM BAY CHAMBER. HE GOT TO COME SPEAK TO OF OUR BUSINESS LEADERS THERE AND SO I APPRECIATE HIM COMING OUT IN THE CHAMBER. LASTLY THERE'S SOMETHING THAT I'VE BEEN TALKING ABOUT BEHIND THE SCENES. I MIGHT HAVE EVEN BROUGHT UP A COUNCIL MEETING OR TWO WHENEVER WE'RE DISCUSSING THE CITY CHARTER IN 2016. BUT WE HAD KIND OF A QUICK TIME FRAME. WE HAD A LOT ON THE AGENDA. WE ENDED UP WITH SEVEN DIFFERENT AMENDMENTS ON THAT AGENDA. SIX OF THEM RECOMMENDED BY THE CHARTER REVIEW ADVISORY BOARD. ONE OF THEM I BROUGHT UP DURING OUR DISCUSSION AS FAR AS EXPANDING SOME OF THE ETHICAL REQUIREMENTS AS FAR AS NEPOTISM AND EMPLOYEE HIRES. BUT ANOTHER ITEM THAT KIND OF SLIPPED THROUGH THAT I'D LIKE US TO BE CONSIDERING IS MAKE SURE WE HAVE AT LEAST CONSIDERATION OF HAVING A CFO OR INSPECTOR GENERAL SOMEBODY ANOTHER CHARTER OFFICER. SO IT'D BE A FOURTH CHARTER OFFICER THAT WOULD REPORT TO COUNCIL AND WITH THE RESPONSIBILITIES OF FINANCIAL OVERSIGHT OR AT LEAST AUDITING AND AS WELL AS ANY TYPE OF ETHICAL COMPLAINTS AND THINGS OF THAT NATURE. SO I

[01:25:02]

WE'RE GOING TO HAVE TO TOUCH CHARTER SOMETIME VERY SOON TO FIX SOME LANGUAGE IN THERE REGARDING PETITIONS. AND SO I'LL STATE THAT FOR THE RECORD. I KNOW THAT WE NEED TO OPEN IT UP FOR THAT PURPOSE. IF WE'RE GONNA OPEN UP FOR THAT I THINK THAT THIS WOULD BE ANOTHER ONE THAT WE CAN DO. WE DON'T NECESSARILY NEED A LOT OF OUTSIDE INPUT ON IT. IF COUNCIL WANTS TO MOVE FORWARD WITH IT WE CAN DO THEM TOGETHER AND SAVE MONEY AS FAR AS HAVING THAT DONE. I KNOW WE'RE GOING TO HAVE A FULL CHARTER REVIEW AGAIN IN 2022. KIND OF SEEMS FAR OFF. IT'S REALLY NOT IN THE WHOLE PROCESS OF HOW WE WORK. BUT THAT'S SOMETHING I WANTED TO BE ON EVERYBODY'S MIND. THAT AND ALSO JUST KIND OF WANT TO PLANT A SEED. I FEEL VERY STRONGLY ABOUT HAVING THE CFO INSPECTOR GENERAL FOR THE CITY. BUT ANOTHER ITEM FOR CONSIDERATION I HOPE EVERYBODY KIND OF LOOKS AT AND THERE'S A LOT OF VARIATIONS OF IT BUT IT'S MOVING TOWARDS A STRONG MAYOR FORM OF GOVERNMENT. WE ARE A GROWING CITY. WE'RE THE LARGEST IN BREVARD. ONE OF THE LARGEST IN CENTRAL FLORIDA. WE'RE GONNA BE GROWING MORE  OVER THE NEXT DECADE AND DECADES AND GENERALLY HAVING SOMEBODY WHO IS RESPONSIBLE AS ELECTED LEADER WITH EXECUTIVE POWER THE WAY WE'RE SET UP RIGHT NOW WE'RE ALL PURELY LEGISLATIVE. THE MAYOR IS OUR PRESIDING OFFICER BUT HAVING SOME TYPE OF EXECUTIVE AUTHORITY OR MAYBE PERHAPS THE POWER TO TO NOMINATE AND APPOINT A CITY MANAGER AND HAVE THAT DAY TO DAY RESPONSIBILITY AS AN EXECUTIVE TYPE SAME WAY WE BREAK UP OUR FEDERAL GOVERNMENT INTO EXECUTIVE LEGISLATIVE BRANCH IT MIGHT BE SOMETHING BENEFICIAL FOR THE CITY AT LEAST TO CONSIDER SO FOR OUR SIZE AND THE FACT THAT WE'RE GROWING.

AND THAT'S ALL I HAVE TONIGHT MAYOR. YEAH. WHAT I WANT TO BRING UP MAYOR AND COUNCIL IF YOU WOULD CONSIDER YOU KNOW. WHAT I WANT IS TO BRING THE BUSINESS IMPROVEMENT DISTRICT BACK. YOU KNOW OBVIOUSLY YOU KNOW WE'RE HAVING ISSUES. I GUESS WE'VE GOT ALL THE OTHER SPOTS FILLED EXCEPT FOR THESE TWO SPOTS WHICH ARE THE A MEMBER OF A UNIVERSITY AND A MEMBER OF THE FINANCIAL INSTITUTION. I'D LIKE TO GO BACK TO THE DRAWING BOARD IF YOU WILL LET ME WITH CITY MANAGER AND OUR ECONOMIC DEVELOPMENT ADMINISTRATOR AND KIND OF TAKE A LOOK AT THAT AGAIN AND EVEN CONSIDER JUST PERHAPS EVEN AS COUNCILMAN JOHNSON IS CONSIDERING REMOVING COUNCIL FROM THE BCRA TO REMOVE COUNCIL FROM THE BUSINESS IMPROVEMENT DISTRICT. YOU KNOW THE MEMBERS WHO HAVE FILLED UP THEIR SEATS ALREADY AND HAVE APPLIED ARE VERY ANXIOUS AND VERY EXCITED ABOUT MOVING FORWARD WITH THIS. AND I THINK IT WOULD BE A GOOD IDEA TO MOVE FORWARD JUST ALLOWING OUR CITIZENS TO OCCUPY THOSE SEATS AND WORK WITH THAT. SO IF IT'S OKAY WITH YOU THAT WOULD BE ANOTHER SUBSTANTIAL ORDINANCE CHANGE BUT I'D LIKE TO GO BACK TO THE DRAWING BOARD WITH THAT AND BRING THAT BACK IF THAT'S OKAY WITH COUNCIL. FINE WITH ME.  COUNCIL. I HAVE NO PROBLEM. ONE SUGGESTION THAT YOU MIGHT CONSIDER IS IF WE REMOVE FIVE MEMBERS FROM ELEVEN MEMBER BOARD YOU'RE GONNA END UP WITH SIX MEMBERS. TO SOLVE THAT USUALLY YOU WANT AN ODD NUMBER OF MEMBERS FOR IN CASE OF TIE VOTES. PERHAPS A SUGGESTION TO SOLVE THAT. I MEAN OBVIOUSLY YOU COULD COME UP WITH ANOTHER PERSON ANOTHER AT LARGE WHATEVER BUT PERHAPS YOU WOULD WANT TO APPOINT SOMEBODY FROM COUNCIL TO BE ON THAT BOARD. BUT ANYHOW THAT'S JUST.

IT'S ACTUALLY A THOUGHT THAT I'VE ALREADY BEEN THINKING ABOUT THIS WEEK TOO COUNCILMAN SANTIAGO. SO THAT'S JUST A SUGGESTION. YEAH AND THAT'S FINE AND I MEAN I GUESS WHAT I'LL DO IS YOU KNOW JOAN [INAUDIBLE] IS A VERY VERY BRIGHT YOUNG WOMAN OVER THERE AND SHE'S GOT SOME GREAT IDEAS SO I WILL SIT DOWN WITH HER AND LISA AND WE'LL SORT OF HASH IT OUT AND I'LL BRING BACK  SOMETHING TO THE COUNCIL. OTHER THAN THAT WITH REGARDS TO AND I JUST WANT TO TOUCH ON REAL QUICK. WITH REGARDS TO THE LINING OF THE POOL AS LISA HAS STATED THAT BASICALLY HAS A 15 YEAR LIFE. I THINK WE ACQUIRED IT ABOUT WHAT TWO THREE YEARS AGO? ABOUT? SO  IT HAS HIT ITS LIFE. IT WOULD SEEM TO ME THAT WHILE IT WAS UNDER THE CARE OF THE COUNTY THAT UNFORTUNATELY IT WAS SOMETHING THAT WAS NOT I GUESS ON THE COUNTY'S RADAR. AND NOW I DON'T KNOW IF WHEN WE TOOK IT OVER

[01:30:06]

THAT WOULD BE SOMETHING THAT I WOULD LIKE TO KNOW. I DON'T KNOW BUT THAT WOULD BE INTERESTING AND IF WE KNOW PROBABLY WHAT THE COST WOULD BE. BUT YOU KNOW IF THE COUNTY HAD IT FOR ALMOST 15 YEARS AND THEY HAD THIS 15 YEAR LIFE ON THE LINING AND THEN WE GET IT I GUESS THIS IS SOMETHING THAT WE'VE SORT OF INHERITED UNFORTUNATELY AND NOW WE'VE GOT TO DEAL WITH. BUT I DO KNOW THAT WHEN THESE PARKS CAME TO THE CITY THERE WERE ALSO FUNDING THAT CAME ALONG WITH IT AND I WANTED TO POINT THAT OUT. SO YOU KNOW IF IT'S OKAY WITH YOU MAYOR I'D LIKE TO JUST PERHAPS MAYBE IF LISA YOU GOT SOME OF THAT INFORMATION YOU CAN SHARE THAT REAL QUICKLY. SO YES WE ACQUIRED THREE PARKS AT THAT SAME TIME. SO THE AQUATIC CENTER THE SENIOR CENTER AND AS WELL AS THE TED WHITLOCK, THE WHOLE PALM BAY  REGIONAL PARK WHICH [INAUDIBLE] PROPERTY. HUGE. I DON'T KNOW THE ACTUAL DETAILS OF  IF THE CITY AT THE TIME OR STAFF AT THE TIME WAS DIRECTED TO GET APPRAISALS OR GET DOCUMENTS FOR THE COUNTY. BUT WHY NO ONE ASKED FOR POOL DOCUMENTS. NO ONE HAD ANY OF THOSE EITHER. I KNOW WHEN I WAS WIRING THE TED WHITLOCK CENTER I ASKED FOR THE CABLING  OUTLOOK OF THAT BECAUSE THEY WERE MOVING THEIR NETWORK STUFF. THEY SAID NO WE DON'T HAVE ANY OF THOSE DOCUMENTS EITHER TO GIVE YOU. SO I DON'T THINK ALL THE DUE DILIGENCE MAY HAVE BEEN THERE AT THE TIME BUT WE ACQUIRED THE PARKS BY  APPROVALS. AND THERE IS MONEY FOR THAT, HALF A MILLION DOLLARS EVERY YEAR TO AUGMENT THOSE THREE. THERE ARE ADA ISSUES AT THE SENIOR CENTER. THERE IS A SEPTIC ISSUE AT THE FRED POPPY PARK AND THERE IS A POOL ISSUE AT THE AQUATIC CENTER SO I DON'T WANT TO JOKE BUT THEY'RE GIFTS THAT KEEP ON GIVING FROM THE COUNTY AS WE ACQUIRED THEM. SOME OF THAT REVENUE HAS BEEN SPENT INTO THE EXPENDITURES IN THE POOL SO I KNOW IN THE POOL THAT WE'VE REPLACED THE PUMP AND THE SAND FILTERS HAVE BEEN CHANGED OUT. THERE IS A LOT OF FINDS. WE LOVE THESE AMENITIES TO OUR CITY BECAUSE THEY ARE IN WITHIN OUR CITY BUT OPERATING THEM IS VERY VERY EXPENSIVE AND I CAN'T ATTEST AT THIS TIME TO YOU WITH THE DUE DILIGENCE PRIOR WHEN WE ACQUIRED THOSE BUT I CAN TELL YOU FINANCIALLY THEY'RE A BURDEN. YEAH. AND I'M CONFIDENT THAT MOVING FORWARD WITH LISA UNDER OUR CARE WE WILL MAKE SURE.

WE'LL ITEMIZE WHAT THOSE COSTS WILL BE GOING FORWARD AND WHAT  WE'RE GOING TO NEED TO PAY FOR. SO I JUST WANTED TO POINT THAT OUT. YOU KNOW THIS IS NOT SOMETHING THAT JUST HAPPENED OVERNIGHT. UNFORTUNATELY THIS IS SOMETHING THAT HAS HAPPENED IN A LACK OF MAINTENANCE. SORT OF LIKE THE STORMWATER ISSUE A LACK OF MAINTENANCE. UNFORTUNATELY IF YOU JUST LET IT GO AND YOU DON'T HAVE YOUR COMMON MAINTENANCE THEN IT'S JUST GOING TO GET WORSE. BUT I JUST WANTED TO POINT THAT OUT. BUT I THANK COUNCIL, MAYOR AND COUNCIL FOR THE BUSINESS IMPROVEMENT DISTRICT. I WILL BRING THAT BACK AND I HAVE NOTHING ELSE.

DEPUTY MAYOR I JUST WANTED TO TALK ABOUT TOM REBMAN REAL QUICK. IF MAYBE IN THE NEXT COUPLE OF MONTHS WE COULD TRY TO PUT TOGETHER A PLAN OF THE STUFF FROM THE WORKSHOP THAT WE DO WANT TO ADDRESS THE THINGS THAT WE CAN'T TOUCH ON. I KNOW IT'S BUDGET TIME SO I KNOW THAT'S GONNA BE VERY HARD. ALSO JUST AS A LITTLE PLUG IF YOU'VE NEVER BEEN ON A TOUR WITH THAT GUY OF THESE HOMELESS CAMPS IT IS SOMETHING TO SEE SO I WOULD ENCOURAGE ALL RESIDENTS, ANY NONPROFITS ANYBODY THAT WANTS TO GO WITH HIM. IT'S QUITE A LITTLE SITE SO IT'S VERY NICE OF REPRESENTATIVE FINE TO RECOGNIZE THAT HE DOES A TON OF WORK ON HIS OFF TIME TO TRY TO BENEFIT THAT CAUSE.

AND WE'RE ALL PASSIONATE ABOUT CERTAIN THINGS AND THAT'S HIS THING. SO YAY FOR HIM. I WANTED TO SEND A SHOUT OUT TO PUBLIC WORKS. THE OTHER DAY ON SATURDAY I DROVE DOWN DONALD AND DUVALL. THE STOP SIGN WAS DOWN. IT WAS ABOUT NOON. I SENT AN EMAIL TO FRANK AND LISA ABOUT 2:00 P.M. THAT THING WAS BACK UP NO ISSUES NO PROBLEMS SO VERY QUICK TURNAROUND ON THAT. I APPRECIATE THAT GUYS. ON THE TPO YOU HAD MENTIONED THE MALABAR PHASE ONE MAYBE UP TO THE HOSPITAL. IS THAT SOMETHING THEY YOU. COREY.

YES SIR. BABCOCK TO COREY YEAH THEY WERE TALKING ABOUT ROUNDABOUT THE DIRTY WORK WE DON'T SAY LIKE THOSE COUNTY GIFTS THAT KEEP ON GIVING. IS THAT SOMETHING THAT YOU WANT OUR TPO TO FOCUS ON AS A CITY PRIORITY? I MEAN OUR MAIN PUSH HAS BEEN THE ST. JOHN'S HERITAGE PARKWAY BUT IF THAT'S SOMETHING YOU KNOW WE'VE GOT TO GET THAT ON THE LTPR, THE TRIP AND WE GOTTA START PUSHING THAT UP AT THE MEETINGS IF THAT'S SOMETHING THAT'S GOING TO.

ELSE NEEDS TO FALL BUT ONE NEEDS TO START  GETTING IT IN. I MEAN THAT'S SOMETHING THAT I WOULD LIKE TO TALK ABOUT. I ACTUALLY WAS AT THE NPO INSTITUTE. IT'S A CRAZY AMOUNT OF KNOWLEDGE THAT THE AVERAGE ROAD ANY ROAD IS EIGHT YEARS MINIMUM.  AND MOST ROADS TAKE 20 YEARS SO WE'D BETTER START TALKING PRETTY FAST. IT TOOK 30  FOR THE PARKWAY. IT'S STILL TAKING. LET'S NOT TALK ABOUT THAT. TO COUNCILMAN BAILEY'S POINT. I HAD BROUGH UP A CFO SHORTLY AFTER THE BOND PASSED. I THINK THAT'S A GREAT IDEA. I THINK THAT CHARTER OFFICER THAT WOULD OPERATE JUST TO THE PLEASURE OF COUNCIL INDEPENDENT OF ANY

[01:35:03]

IT'S OUR CHARTER. SO I THINK THAT'S MY FEELINGS ON THAT. BUT WITH  THE CFO IS JUST FOR ME IT'S AN EXPANSION OF GOVERNMENT AND IT'S A REDUNDANCY. BECAUSE WE ALREADY HAVE A JOINT LEGISLATIVE AUDITING COMMITTEE AND THERE HAS BEEN IN MANY SITUATIONS. WE EVEN LOOK AT VIDEOS OF THE JOINT LEGISLATIVE AUDITING COMMITTEE UP IN TALLAHASSEE WE'RE CITIZENS OF ANY MUNICIPALITY AND COUNTY CAN JUST WALK UP THERE AND JUST SAY HEY LOOK I GOT A PROBLEM WITH MY CITY. HERE'S WHAT IT IS I WOULD LIKE FOR YOU GUYS TO TAKE A LOOK AT THIS. AND THAT'S EXACTLY WHAT THEY'LL DO. AND THEY'RE A BODY THAT IS TOTALLY DETACHED FROM ANY MUNICIPALITY AND COUNTY WHICH TO ME MAKES A LOT MORE SENSE THAN ANOTHER OFFICE THAT HAS TO ANSWER TO COUNCIL AND TO ME IT WOULDN'T BE INDEPENDENT UNLESS THAT INDIVIDUAL OF COURSE IS ELECTED BY THE PEOPLE SEPARATELY. BUT THAT'S MY JUST MY LITTLE TWO CENTS THERE AND THAT'S MY TAKE ON THAT. DEPUTY MAYOR. I WANT TO APPOINT DONALD [INAUDIBLE] TO THE PLANNING AND ZONING BOARD. CONGRATULATIONS SIR. WITH THAT I WANT TO SAY THANK YOU TO CHRIS UTILITY DEPARTMENT FOR THE LUNCH AND THE INVITE. I HAVE ONE APPOINTMENT TO THE  SUSTAINABILITY BOARD REBECCA [INAUDIBLE].  AND WITH THAT WE'RE GOING TO CONTINUE INTO NEW BUSINESS. NUMBER ONE MRS. SMITH. RESOLUTION

[New Business]

MR. MORRELL. THANK YOU MAYOR. COUNCIL THIS IS THE TIME OF THE YEAR WE NEED TO SET THE MAXIMUM RATE OF THE STORMWATER BEFORE WE HAVE THE PROPOSED ACTUAL RATE DISCUSSION IN JULY. THIS IS FOR THE TRIM NOTICE FOR THE PROPERTY APPRAISER AS WELL AS THE EXEMPTIONS FOR YOUR CONSIDERATION THAT WE REIMBURSE FROM THE GENERAL FUND.

THANK YOU. IS THERE ANY PUBLIC BLUE CARDS? YES SIR. BILL BATTIN. BILL BATTIN 586 OCEAN SPRAY STREET SW. I HAVE THREE ITEMS I'D LIKE TO ADDRESS ON THIS ONE. THE FIRST ONE IS EXEMPTIONS FOR TAX EXEMPT ORGANIZATIONS. I UNDERSTAND GOVERNMENT IDENTITIES THAT CAN'T REALLY CHARGE BECAUSE IT'S ROBBING PETER TO PAY PAUL. BUT UNDER QUICK CALCULATIONS $320,000 A YEAR OVER A FIVE YEAR SPAN THAT WE'RE EXPECTING THE STORMWATER TO BE RUNNING THAT'S $1.6 MILLION THAT'S GOING TO BE COMING OUT OF GENERAL

[01:40:04]

THANK YOU BILL. COUNCIL ANYTHING TO. THOMAS GAUME. THANK YOU. THOMAS GAUME. 1700 LANTANA COURT NORTHWEST. I REALIZE THIS ACTION TONIGHT IS DOING NOTHING MORE THAN SETTING THE MAXIMUM RATE FOR ADVERTISEMENT PURPOSES AND EVERYTHING BUT IN LIGHT OF EVERYTHING THAT'S GONE ON WITH THE PETITION AND HOW THAT PERTAINS TO ASSESSMENTS I'D ASK THAT COUNCIL ALTHOUGH I REALIZE THE INTENT PROBABLY IS TO MAKE SOME TAX RATE ON WHAT WE WERE CHARGED LAST YEAR I WOULD ASK THEM TO SEND SOME SIGNAL TO THE RESIDENTS ON WHAT YOUR INTENTIONS ARE THIS YEAR. I KNOW IT'S JUNE. YOU CAN SET THIS AS LATE AS AUGUST FOR THE FINAL THING. SO JUST SOME IDEA OF WHAT YOUR ACTUAL INTENT IS BECAUSE TONIGHT DOESN'T ACTUALLY STATE WHAT THE RATE IS. MOST TIMES AT THIS MEETING OR THIS JUNCTURE YOU JUST LEAVE THE RATE WHERE IT IS BUT I'M ASKING YOU NOT TO DO THAT AND GIVE THE RESIDENTS SOME IDEA OF WHAT YOU'RE PLANNING TO DO. THANK YOU. ANYTHING ELSE? THAT WAS IT. OKAY. WITH THAT COUNCIL YOU HAVE ANY QUESTIONS FOR STAFF? MAYOR I DO BEFORE WE. I GOT A QUESTION I GUESS FOR  LISA. IF NOT MAYBE YOU KNOW STAFF MAYBE.

BUT I SEE THAT WE ARE REQUESTING THE MAXIMUM RATE OF 153.13 WHICH IS OBVIOUSLY LOWER THAN THE 177 AND CHANGE THAT WE HAD BEFORE. DO YOU THINK IT'S PRUDENT LOWERING THE MAXIMUM RATE GIVEN THE SIZE AND SCOPE OF OUR CITY AND GIVEN THE FACT THAT AT THIS POINT IF WE EVER DID HAVE TO INCREASE IT FOR WHATEVER REASON WE WOULD HAVE TO GO THROUGH THE ENTIRE PROCESS ALL OVER AGAIN? SO AGAIN I DON'T KNOW IF YOU CAN ANSWER THAT OR PERHAPS SOME OF YOUR STAFF WHO ARE OUT THERE AND DOING THE LEGWORK CAN ANSWER THAT BUT. AND I KNOW THAT YOU KNOW I'M SAYING THAT GIVEN THE FACT THAT WE ARE CHANGING A LOT OF THESE CORRODED METAL WITH 100 YEAR CEMENT HEAD WALLS THAT ARE GOING TO BE AROUND FOR A VERY LONG TIME. BUT I JUST WANT TO MAKE SURE THAT WE'RE DOING THE PRUDENT THING HERE AND NOT LOWERING IT TOO MUCH KNOWING THAT WE HAVE A CITY OF 100 SQUARE MILES AND WE GOT A LOT OF. AND A CITY THAT'S BASICALLY

[01:45:03]

I DON'T THINK YOU KNOW LET'S PAY FOR WHAT WE NEED TO PAY FOR AND THAT'S IT. AND LET'S CONTINUE TO BRING THAT DOWN. SO I SAY THAT WITH THAT INTENT. BUT IF YOU AND YOUR STAFF ARE CONFIDENT AT SETTING THIS NEW MAXIMUM THEN I'M OKAY WITH THAT. SO THAT'S ALL I WANT TO SAY. IF THERE AREN'T ANY OTHER QUESTIONS I NEED A MOTION. I MAKE A MOTION TO APPROVE RESOLUTION NUMBER  2019-15 ESTABLISHING A PRELIMINARY REASSESSMENT RATE STORMWATER SERVICE ASSESSMENTS AND STORMWATER SERVICE FEES FOR FISCAL YEAR BEGINNING OCTOBER 1ST 2019. TO 153.13? TO 153.13. I NEED A SECOND. SECOND. COUNCILMAN JOHNSON. OKAY. ANY OTHER QUESTIONS ON THIS ITEM COUNCIL? YEAH. I JUST ALSO WANT TO IF I MAY JUST SORT OF TOUCH ON MR. BATTIN'S FIRST POINT AND THAT IS YOU BROUGHT UP CHURCHES. WE'VE GOT TO REMEMBER IT'S NOT JUST CHURCHES. IT'S ALL NONPROFIT ORGANIZATIONS WHICH  DOESN'T JUST INCLUDE JUST CHURCHES BY THEMSELVES. SO YOU KNOW ME PERSONALLY I THINK AGAIN YOU KNOW NONPROFIT ORGANIZATIONS THEY PROVIDE A VERY VALUABLE SERVICE TO THE COMMUNITY IN SO MANY WAYS. YOU KNOW THAT'S ONE OF THE REASONS WHY YOU KNOW THEY REALLY DON'T PAY ANYTHING ON A MILLAGE RATE. BUT THAT'S MY TAKE ON THAT. SO I'M COMFORTABLE WITH LEAVING IT THAT WAY. MAYOR IF I MAY. YES.

MS. MORRELL I JUST WANT TO GET CLARITY HERE IN REGARDS TO THE INSTITUTIONAL EXEMPTIONS. IS TODAY A DEADLINE THAT WE NEED TO TAKE ACTION IF WE WERE TO ADD THEM TO THE ASSESSMENT ROLES? I BELIEVE SO YES. OKAY. SO IF WE HAVE ANY INTENT OF DOING THAT THAT HAD TO BE MADE, THE DECISION MADE TODAY. MAYOR I THINK I WOULD ENCOURAGE COUNCIL TO CONSIDER TAKING THAT ACTION TODAY TO REMOVE THOSE.

WHAT IT EQUATES TO ESSENTIALLY IS A DOUBLE TAXATION OF THE REST OF THE RATEPAYERS.

AND WHILE I'VE ALWAYS BEEN ON THE FENCE WITH THIS AS FAR AS ONE WAY OR THE OTHER I DIDN'T HAVE NECESSARILY A BIG PROBLEM WITH IT STARTING. I DO THINK THE MORE PRUDENT THING FOR US CONSIDERING OUR GENERAL FUND STRUGGLES OVER THE YEARS AND WE'VE SEEN SOME PRETTY HORRIFIC PROJECTIONS I THINK THEY'RE A LITTLE BIT MORE DIRE THAN WHAT WE CAN ACTUALLY OVERCOME WITH A MORE CONSERVATIVE BUDGET. BUT I DO THINK THAT SOMETHING FOR US TO CONSIDER AND IF WE CAN'T DO IT AFTER TODAY THEN THAT'S SOMETHING WE NEED TO CONSIDER RIGHT NOW.

AND THAT WOULD BE A MAJOR, IS A MAJOR HEAD. IT HAS BEEN A MAJOR HEAD TO OUR GENERAL FUND AND I THINK WE HAVE TO THINK ABOUT WHERE OUR PRIORITIES ARE AND I THINK OUR PRIORITIES SHOULD BE BACK TOWARDS MAKING SURE WE HAVE THE MAINTENANCE MONIES TO TAKE CARE OF OUR INFRASTRUCTURE. EARLIER WE WERE TALKING ABOUT  WHAT WAS FORESEEABLE CAPITAL IMPROVEMENTS THAT NEED TO BE MADE IN OUR PARKS FACILITY. WE'RE GOING TO HAVE TO COVER THAT WITH GENERAL FUND WHEN WE ALSO HAVE

[01:50:04]

WE WANT TO BRING YOU TO SUIT. YOU NEED A WRITTEN CONTRACT. THERE IS NO WRITTEN CONTRACT AND THERE'S CASE LAW. YOU KNOW YOU DON'T HAVE AN IMPLICIT CONTRACT SO AS LONG AS WE CAN'T CONTRACT WITH THEM. THEY KNOW THE CASE LAW. THEY'RE HAPPY TO SEND US LETTERS WHEN WE SEND TELLING US WHAT THE CASE LAW IS. SO NO FOR THE GOVERNMENTAL ENTITIES WHICH INCLUDE THE SCHOOLS THAT ARE STILL UNDER THE SAME UMBRELLA WE CAN'T MAKE THEM PAY BUT A NONPROFIT THAT ARE NOT GOVERNMENTAL ENTITIES. YES THOSE WE CAN MAKE PAY. AND I'M LOOKING AT THE LIST HERE AND IT LOOKS LIKE EASTERN FLORIDA STATE COLLEGE HAS 164 ACRES, 48 ACRES, 12 ACRES. I MEAN I'D RATHER SEE A BREAKDOWN OF WHAT  CHURCHES AND WHAT GOVERNMENT INSTITUTIONS THAT WEREN'T GONNA PAY BEFORE I WAS LIKE YEAH WE'RE GONNA SPEND GOOD MONEY AFTER BAD WITH TRYING TO LEGALLY DEFEND THAT WE'RE TRYING TO CHARGE THESE SCHOOLS. MAYOR IF I MAY IN RESPONSE TO DEPUTY MAYOR'S QUESTIONS I DID REQUEST COPY THIS IN A SPREADSHEET FORMAT. I CAN TELL YOU THAT EASTERN FLORIDA'S WAS ABOUT 68 I'M SORRY 69 ALMOST SEVENTY THOUSAND DOLLARS.  OTHER SCHOOLS YOU DO NOT SEE THE PUBLIC SCHOOLS ON HERE. I DO NOT SEE BREVARD COUNTY ON THIS LIST THAT WAS GIVEN IN THE AGAIN IN THE SPREADSHEET FORMAT. OR ANY OTHER GOVERNMENT AGENCIES SO THIS REALLY IS PRIMARILY NON PUBLIC AGENCIES. WE HAVE PINEAPPLE GROVE HERE 37 ACRES. HABITAT YEAH. OTHER THAN CHARTER SCHOOLS THERE ARE NO REGULAR PUBLIC SCHOOLS WITH THE CHARTER SCHOOLS THAT ARE ON HERE SO THAT MIGHT BE A LITTLE BIT OF IT. HOLMES REGIONAL IS ON HERE FOR 100 ACRES. SO I MEAN CERTAINLY WE CAN  GO BACK TO THAT. MY CONCERN NOW IS THAT IF WE DON'T PUT THE INTENT OUT THERE AND THEN NOTIFY THESE FOLKS THE SAME WAY WE DID IN MY UNDERSTANDING WE HAVE TO DO SOMETHING WITHIN 2017 FIRST CLASS MAIL OR CERTIFIED MAIL IF WE DON'T DO THAT NOW IT'S FOREVER HOLD OUR PEACE. I STATED WHAT I SAID. I  BELIEVE. I MEAN LOOK WE CAN'T MAKE GOVERNMENT PAY. WE CAN'T MAKE THE SCHOOLS PAY AND FOR ME IT JUST DOESN'T FEEL COMFORTABLE FOR ME TO GO OUT THERE AND NOW MAKE NONPROFITS PAY. THAT'S  MY TAKE ON IT. IF WE'RE GOING TO COMPLAIN ABOUT THEM NOT PAYING THESE ASSESSMENTS. LET'S ALSO COMPLAIN ABOUT THEM NOT REALLY PAYING MILLAGE RATE BECAUSE THEY DON'T. AND THAT IS A TALLAHASSEE ISSUE. I THINK FOR ME YOU KNOW BEING EQUAL AND BEING FAIR ACROSS THE BOARD I WOULD RATHER KEEP IT AS IS. I THINK IF WE WANT TO AT LEAST YOU KNOW SOLVE THE ISSUE OF OF HAVING TO PAY OUT OF OUR GENERAL FUND TO COVER FOR THIS I THINK MAYBE YOU KNOW THIS IS SOMETHING THAT WE CAN PERHAPS BRING UP TO OUR LEGISLATIVE REPRESENTATIVE AND SEE IF THERE ARE SOME CHANGES THEY CAN MAKE UP IN TALLAHASSEE IN ORDER TO ALLEVIATE THIS SITUATION. I THINK THAT WOULD FOR ME BE THE BETTER. BUT AT THIS MOMENT AT THIS JUNCTURE IN TIME I THINK IT WOULDN'T BE PRUDENT AND I THINK IF IN THE FUTURE IF THIS IS GOING TO BE CONSIDERED I HOPE THAT THERE WOULD BE FAR MORE TIME GIVEN TO THESE NONPROFITS. BECAUSE YOU KNOW THIS IS GOING TO BE QUITE A SIGNIFICANT BLOW TO THEIR POCKETBOOKS AND REMEMBER I MEAN THESE GUYS THEY ARE NONPROFIT FOR REASONS YOU KNOW. THEY'RE PROVIDING A SERVICE TO THE COMMUNITY. THEY SAY THEY'RE NOT IN THIS TO MAKE MONEY THEY'RE IN THIS TO TO HELP THE COMMUNITY IN ONE WAY OR ANOTHER. SO THAT'S MY TAKE ON IT SO I WOULD

[01:55:04]

AND I THINK THE STATE CAN REMEDY THAT BY BASICALLY CHANGING SOME OF THOSE LAWS. SO THAT'S MY TAKE I BELIEVE THEY CAN'T DO THAT. I DON'T KNOW. I HAVEN'T TALKED TO MY REPRESENTATIVE YET BUT I'M PRETTY SURE THEY CAN IF WE CAN SIT DOWN AND PERHAPS MAKE THAT HAPPEN PERHAPS. THAT'S MY  TAKE. YOU COULD LOOK AT IT THIS WAY TALLAHASSEE RIGHT NOW IT'S LIKE YOU KNOW THEY'LL COME UP WITH ANY BILL POSSIBLE. SO WHEN IT COMES TO GOVERNMENTAL ENTITY LIKE SCHOOLS ANYTHING LIKE THAT WOULD THEY BE WILLING TO  TAKE AWAY THE EXEMPTION THEY GET NOT TO PAY TAXES? I KNOW THAT THE SCHOOLS IN FLORIDA AND OTHER SCHOOLS THAT WON'T PAY IT BECAUSE THEY WON'T THEY JUST WON'T. SO HOW DO YOU GET TEETH BEHIND IT IN ORDER TO BE ABLE TO COLLECT AND THEN WHEN IT COMES TO THE CHURCHES IT'S NOW DO YOU WANT TO GO TO THE POINT WHERE 5A IS NOW A MANDATED SO WE AS A MUNICIPALITY WANT TO MANDATE CHURCHES TO PAY. THAT'S WHAT WE'RE SAYING UP HERE RIGHT NOW OR DO WE WANT THE STATE TO BE THE ONE TO SAY OK THAT EXCEPTION THAT YOU GET AS A 501 NOW YOU GOT TO PAY. SO WHERE DO YOU COME TO BALANCE TO THIS. I'M SAYING THAT I'M  OKAY WITH THE WAY IT IS. I'M OKAY WITH THE WAY IT IS. THAT'S ALL. I MEAN HALF THE ESU'S ALMOST A THOUSAND ESU'S ARE TO SCHOOLS. SO I MEAN I DON'T THINK EASTERN FLORIDA'S TUITION FREE. RIGHT. SO AT LEAST THE NONPROFITS ARE SUPPOSED TO BE NON-PROFIT. SO IF WE'RE GONNA DO IT FOR THESE GUYS I MEAN AND I'M NOT GOING TO TALK ABOUT LOWERING THE RATE OR WHERE WE'RE GOING WITH THAT THING BECAUSE THAT'S NOT THE CONVERSATION. NO NO THIS IS THIS IS ADDED ON TO A MOTION THAT IS IN PLAY. AND IT LOOKS LIKE THE ONLY PERSON THAT HASN'T SPOKEN UP HERE IS COUNCILMAN JOHNSON. I'M READY. SO AT THE END OF THE DAY I WANT TO LEAVE IT AS IS AND GO. MAYOR MY QUESTION IS I DON'T KNOW IF COUNCILMAN BAILEY'S LOOKING IN TO IT. BUT ARE THERE ANY OTHER MUNICIPALITIES THAT REQUIRE NONPROFITS TO PAY STORMWATER OR HAVE TAXES? I RESEARCHED THAT SPECIFIC QUESTION. MY RESPONSE TO HERE THOUGH IS THAT THIS IS ALL ELECTIVE. WE ARE ELECTING TO TAKE FROM OUR GENERAL FUND. WE CANNOT CONTROL THE STATE LAWS. WE CANNOT CONTROL WHAT THE STATE EXEMPTS AND DOES NOT EXEMPT IN ANY OTHER TAXING AUTHORITY SUCH AS MILLAGE RATE. BUT IN THIS SITUATION WE CAN. WE CAN CERTAINLY PURSUE ASKING. WHAT I'M HEARING IS THAT PERHAPS A STATE WIDE EXEMPTION FOR NONPROFITS AND IN RELATED INSTITUTIONS FROM SPECIAL ASSESSMENTS. I THINK THAT'S PROBABLY GONNA BE A HEAVY LIFT TO TRY TO ACTUALLY GET THROUGH WHEN YOU HAVE LEGISLATORS WITH MUCH BIGGER PRIORITIES FOR THEMSELVES TO ACTUALLY GET DONE. SO I MEAN WE CAN DO THAT BUT THAT'S REALLY PUTTING IT DOWN THE STREET RIGHT NOW. THAT MEANS KICKING THE CAN DOWN THE ROAD THERE. BUT I REALLY THINK THAT IT'S SOMETHING WE SHOULD PURSUE AND I CERTAINLY OPEN TO HAVE MY OWN CONVERSATIONS WITH OUR LEGISLATIVE DELEGATION ABOUT IT BECAUSE THAT WOULD SOLVE TWO PROBLEMS THERE. IT WOULD SOLVE US HAVING TO USE OUR GENERAL FUND IMPORTANT FOR US WHILE STILL PRESERVING THESE BENEFITS FOR THE NONPROFITS AND SO FORTH. BUT IN THE END RIGHT NOW  WE HAVE THE CIRCUMSTANCES IN FRONT OF US SO THE QUESTION IS NOW ARE WE GONNA CHOOSE TO USE OUR GENERAL FUND THIS WAY WHENEVER WE KNOW THAT WE HAVE A BUDGET THAT'S UNDER CONSTRAINT UNDER DURESS AND THAT WE REALLY NEED THE MONEY ELSEWHERE

[02:00:02]

THEY ARE GOING TO SUE. BUT FOR  THE OTHER GOVERNMENTAL ENTITIES WE'RE NOT EVEN GOING TO PEOPLE THAT AREN'T SUBJECT TO TAXES WE'RE NOT GOING TO GET ON THEIR TAX ROLL IT'S GOING TO BE IN THE FORM OF A USER FEE. BUT MOST OF THESE THINGS IS NOT SO MUCH AS THEM NOT PAYING. MOST OF THESE THINGS ARE INSTITUTIONAL. IT'S A CHOICE THE COUNCIL IS MAKING. BECAUSE SPECIAL ASSESSMENT WE COME UP WITH A RATE.

BASICALLY AS FAR AS EVERYBODY CONTRIBUTING. SO WHAT YOU HAVE IS DIVIDED UP. SO YOU HAVE THEM PAY. AND IF CERTAIN PEOPLE AREN'T PAYING THEY ARE SAYING WELL WE ACTUALLY HAVE TO CONTRIBUTE THAT AMOUNT. AS FAR AS GIVING YOU ANY MORE ADDITIONAL CAVEATS WELL MAYBE IF THIS OR THAT I AM NOT PREPARED AT THIS POINT IN TIME TO GIVE THAT OPINION. NO ONE ASKED ME BEFORE AND I WOULD WANT TO MAKE SURE WITH BOND COUNCIL BUT THUS FAR YOU KNOW WE'VE KIND OF ASKED THEM AND WE HAVE TO  MAKE SURE EVERYBODY WHO IS CONTRIBUTING IS PAYING. WITH THAT WHAT I WANT TO SAY IS THAT THE ONLY PERSON THAT'S GONNA CHANGE THIS RIGHT NOW IS THE MOTION MAKER. ARE YOU WILLING TO CHANGE YOUR MOTION TO INCLUDE. BECAUSE THAT'S THE ASK THAT THE COUNCILMAN IS MAKING. NO I WILL NOT CHANGE THE MOTION. I WANT TO KEEP THE MOTION THE  SAME. OK. MAYOR JUST ONE FINAL COMMENT. MRS SMITH I DO WANT TO ENCOURAGE BECAUSE YOU JUST SAID THAT YOU WEREN'T PREPARED. WE'VE HAD MANY DISCUSSIONS ON THIS AS HAVE OUTSIDE COUNSEL. SO I DO WANT TO GO BACK TO THE TABLE AND LOOK AT IT. I UNDERSTAND YOU WANT TO BE VERY PRUDENT TONIGHT BUT I DO WANT TO MAKE SURE THE PUBLIC UNDERSTANDS THIS HAS BEEN A WELL THOUGHT OUT WELL DISCUSSED ITEM OVER A LONG PERIOD OF TIME A COUPLE YEARS NOW. SO ANYHOW LIKE I SAID I FEEL THAT  IT'S CLEAR THAT  WE'RE MAKING A DECISION BETWEEN A SHORTFALL AND THE GENERAL FUND OR SHORTFALL IN THE STORMWATER FUND. AND I DON'T THINK. THAT'S WHY I'M AGAINST THIS AND I DON'T THINK IT'S PRUDENT TO BE IN THE GENERAL FUND. ARE YOU SAYING. GO AHEAD. GO AHEAD. NO I WAS ASKING SO IS COUNCILMAN SAYING THAT YOU NEED MORE TIME FOR MORE INFORMATION SO YOU'LL RATHER TABLE TILL JUNE 20TH OR? I DON'T BELIEVE WE HAVE TIME. CAN YOU CORRECT ME ON THAT MRS SMITH? NO. WE'LL JUST MOVE FORWARD WITH

[02:05:04]

NAY. 4 1. ITEM NUMBER TWO. MRS. SMITH. RESOLUTION NUMBER 2019- 16 A RESOLUTION TO THE CITY OF PALM BAY BREVARD COUNTY FLORIDA APPROVING SOLELY FOR THE LIMITED PURPOSES OF SECTION 147 [INAUDIBLE] OF THE INTERNAL REVENUE CODE AND SECTION 163.01 OF FLORIDA STATUTES. THE ISSUANCE BY THE CAPITAL TRUST AGENCY OF ITS EDUCATIONAL FACILITIES REVENUE BONDS ODYSSEY CHARTER SCHOOL PROJECTS SERIES 2019 AND ONE OR MORE SERIES PURSUANT TO A PLAN OF FINANCE IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED ELEVEN MILLION FOR THE PURPOSE OF FINANCING THE ACQUISITION IMPROVEMENTS HEREIN DESCRIBED PROVIDED FOR AN EFFECTIVE DATE. THANK YOU MRS. SMITH. MS. MORRELL YES MAYOR COUNCILL THIS IS TYPICAL OF OUR PREVIOUS ITEMS THAT WE'VE HAD FOR CONDUIT BOND FUND FINANCING. PINEAPPLE CO WAS HERE EARLIER.

WE'VE HAD SOME APPROVALS FOR REVIEW [INAUDIBLE] ON U.S. 1. SO THIS IS NO LIABILITY TO THE CITY BUT IT OFFERS THE OPPORTUNITY TO GET LOWER RATE FINANCING FOR THE SCHOOL TO BUILD OUT. LAWYERS FOR BOND COUNCIL HERE FOR THE SCHOOL AS WELL.

QUESTIONS GENTLEMEN. HOLD ON. HOLD ON ONE SECOND. BILL BATTIN 586 OCEAN SPRAY STREET SW. AFTER THE PREVIOUS CONVERSATION WE JUST HAD. NOW HERE'S A PRIVATE SCHOOL A CHARTER SCHOOL REQUESTING TO USE PALM BAY'S CREDIT RATING TO GET A TAX BREAK TO GET A TAX BREAK ON A LOAN BREAK ON BORROWING MONEY SO THAT A CHARTER SCHOOL WHICH IS A BUSINESS BY THE WAY CAN MAINTAIN THEIR BUSINESS. IT'S HYPOCRITICAL HYPOCRITICAL. IF I HAVE TO TAKE MY TAX DOLLAR AND PAY FOR ANYTHING FOR A SCHOOL WHICH OUT OF SPECIAL ASSESSMENT THAT COMES OUT OF MY TAX DOLLARS THAT I HAVE TO PAY INTO. BUT THAT'S A WHOLE NOTHER TOPIC. I DON'T WANT TO GO BACK OVER THAT. BACK TO THIS ONE. THE SCHOOL'S IS REQUESTING YOUR GOOD RATING TO GET THEIR LOAN. I DON'T GET THE CITY'S CREDIT RATING TO APPLY FOR MY LOANS. SO WHY SHOULD THEY GET THE CITY'S CREDIT RATING TO APPLY FOR THEIR LOAN? I KNOW IT DOES NOT FINANCIALLY COST THE CITY ANYTHING BUT I'VE LIVED HERE LONG ENOUGH TO SEE WHERE THE CITY DID GET INVOLVED IN CHARTER SCHOOLS AND IT DID END UP COSTING US SEVERELY. THAT'S NOT THE CASE ON THIS INSTANCE. I UNDERSTAND THAT BUT IT'S THE FACT HOW WE'RE TRYING TO COMBINE AND DO ALL THIS WISH WASH GOING AROUND LIKE A LAUNDRY MACHINE. IF BY CHANCE CHARTERS SCHOOL. IT'S A VERY GOOD CHARTER SCHOOL. THAT'S NOT WHAT I'M TRYING TO GET AT. IF BY CHANCE THEIR EXPANSION DOES FAIL DOES IT HAVE A. I IT DOESN'T HAVE A NEGATIVE IMPACT ON US FINANCIALLY BUT DOES IT HAVE A NEGATIVE IMPACT ON CITY OF PALM BAY'S CREDIT RATING? THAT'S WHAT MY CONCERN IS. THEN IF FOR SOME REASON OUR CREDIT RATING GOES DOWN THAT HAS THE IMPACT ON THE CITY'S ABILITY TO BORROW ON THEIR BONDS SO IT CAN HAVE A NEGATIVE IMPACT OVERALL.  BACK TO THE OLD TOPIC HERE. SPECIAL ASSESSMENT FOR STORM WATER. WHEN IT WAS ORIGINALLY PASSED CHURCHES WERE INCLUDED AND COUNCIL SAT UP HERE AND THAT DAY OF THE VOTE COUNCIL SAID WELL WE'RE GOING TO MAKE IT A MINOR CHANGE IN THE ORDINANCE SO IT WOULD NOT HAVE TO GO BACK TO CITIZENS. THAT'S WHAT HAPPENED. THEY WERE ORIGINALLY ON THE ORIGINAL BILLING. SO FINAL STATEMENT WITH THIS ONE IS IF THE SCHOOL FAILS IN THEIR ENDEAVOR OF THIS ELEVEN MILLION DOLLAR BOND THEY'RE TAKEN OUT WILL IT HAVE A NEGATIVE IMPACT ON OUR CREDIT RATING? THANK YOU VERY MUCH. IT WAS A NO LIABILITY OR ENDORSEMENT ON THE CAVEAT ON

[02:10:02]

NUMBER ONE THE CITY IS NOT THE ISSUER OF THESE BONDS EVEN IF IT WERE TO BE THE ISSUER AS A CONDUIT ISSUER THAT DOES NOT IN ANY WAY OBLIGATE THE CITY NOR AFFECT ITS CREDIT WORTHINESS. IT IS A COMMON MISCONCEPTION THOUGH BECAUSE IT'S VERY CONFUSING. PEOPLE THINK OF BONDS THEY THINK OF GENERAL OBLIGATION BONDS WHICH WOULD AFFECT THE CREDIT WORTHINESS OF THE CITY IN THEORY AND THEY WOULD BE THE ISSUER FOR THOSE. THIS IS DIFFERENT. THIS IS A CONDUIT BOND ISSUE. THIS BY THE CAPITAL TRUST AGENCY WHICH IS A STATEWIDE ISSUER SOLELY FOR THE PURPOSES OF ALLOWING TAX EXEMPT FINANCING UNDER THE FEDERAL CODE WHICH IS SPECIFICALLY 26 USC 147 SUBSECTION F. IT REQUIRES THAT THE HOST JURISDICTION THAT HAS JURISDICTION OVER THE PROJECT APPROVE THE BONDS JUST FOR THAT REASON. AND SO AGAIN I'D KIND OF REITERATE THAT THERE'S THERE'S NO OBLIGATION AT ALL UNDER THE CITY FOR THE PAYMENT. THERE'S NO PLEDGE OR IT IS NOT COUNT AS INDEBTEDNESS OF THE CITY AT ALL.

THANK YOU VERY MUCH. ANY OTHER QUESTIONS. I NEED A MOTION COUNCIL. MOTION TO APPROVE RESOLUTION NUMBER TWENTY NINETEEN DASH SIXTEEN. SECOND. SECONDED BY COUNCILMAN JOHNSON. ANY FURTHER QUESTIONS? COUNCIL MAYOR I DID JUST WANT TO INFORM YOU AND THE REST OF COUNCIL TO ANSWER MR. BATTIN'S QUESTION AS WELL I KNOW THAT THE GENTLEMAN JUST SPOKE. JUST SPEAKING ON BEHALF OF THE SCHOOL BUT I ALSO TALKED TO OUR BOND COUNCIL THAT WE WE HAVE OUTSIDE HERE THROUGH MS. SMITH WHO I'LL GET AN ANSWER AND BOTH OF THEM STATED THE SAME. SO I CAN TELL YOU I EVEN HAVE AN EMAIL WRITTEN FOR THEM IF ANYBODY WANTS A COPY OF THAT JUST LET ME KNOW. BUT WHAT WE HAVEN'T MATTER OF FACT HE EVEN DESCRIBED IT AS BEING KIND OF DOUBLE REMOVED BECAUSE WE DID CONDUIT BONDS FOR RIVERSIDE THE ASSISTED LIVING FACILITY ON THE RIVER WHERE WE ACTUALLY ISSUED THE CONDUIT BOND. WE'RE NOT EVEN THE ONE ISSUING IT IN THIS SITUATION SO THERE'S WE'RE FAR REMOVED FROM ANY TYPE OF LIABILITY HERE. SO WITH THAT BEING SAID NO I'M COMFORTABLE WITH IT. JUST JUST FOR THE RECORD AND IT'S PUBLIC RECORD ANYBODY CAN READ IT. NO LIABILITY OR ENDORSEMENT. THE CITY SHALL HAVE NO OBLIGATION FINANCIAL OR OTHERWISE WITH RESPECT TO THE BONDS. AND THEN ALSO FROM MY LAWYER OR PUBLIC RECORD OUR LAWYER PATRICIA SMITH. THIS DEBT IS TWICE REMOVED FROM THE CITY AND IT'S CREDIT. WITH THAT I'M GOING TO CALL IT. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSE SAY NAY. MOTION CARRIES UNANIMOUS. GOOD LUCK. MOVING TO ITEM 4 MRS. SMITH. ORDINANCE NUMBER 2019-34 AN ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA AMENDING THE FISCAL YEAR 2019 BUDGET BY APPROPRIATING AND ALLOCATING FUNDS AS FOLLOWS. USE OF UN-DESIGNATED FUND BALANCE IN THE FOLLOWING FUNDS LAW ENFORCEMENT TRUST FUND, STATE HOUSING GRANT FUND,  TRANSPORTATION IMPACT FEE FUND, BUILDING FINANCE STORM WATER UTILITY FUND, RECOGNIZING PROPERTY SALES, AND TRANSFERRING TO THE ROAD MAINTENANCE CIP FUND, RECOGNIZING THE JUSTICE ASSISTANT GRANT FUNDING, USED FOR POLICE RADIO REPLACEMENTS, RECOGNIZE ONE TIME CELLULAR TOWER GROUND LEASE AT STANTON SIGNING BONUS FUNDING, USED FOR FIRE STATION NUMBER THREE REMEDIATION, TRANSFER FUNDS FROM THE POLICE DEPARTMENT TO THE COMMUNICATIONS AND INFORMATION TECHNOLOGY DEPARTMENT FOR CELLULAR SERVICES EXPENSES, TRANSFER FUNDS FROM THE GENERAL FUND TO THE ENVIRONMENTAL FEE FUND FOR FEDERALLY MANDATED SCRUB DAY MONITORING MARCH THROUGH JUNE, USES OF RESTRICTED FUND BALANCE FOR FUNDING TO COVER [INADUBLE] REBATE REPORT COSTS ON THE 2006 [INAUDIBLE] REVENUE BONDS, 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 PROVIDED FOR AN EFFECTIVE DATE.

[02:15:14]

YOU KNOW HOW I AM ABOUT TIF MONEY. FIFTY SEVEN THOUSAND DOLLARS SPENT TO BUY LAND ON MALABAR ROAD OR  FUTURE EXPANSION. I UNDERSTAND THAT. DON'T GET ME WRONG I'M VERY HAPPY FOR THE FACT THAT YOU'VE NOW COME UP WITH A COMMITMENT FOR USING TIF MONEY FOR EXPANSION ON GAINOR AND I SEE THAT IN THE IN THE WORKS. I HOPE IT ALL SUCCEEDS BECAUSE IT WILL BE UGLY IF IT DOESN'T. BUT WHAT I'M TRYING TO LOOK AT IS WE'VE BEEN LOOK AT SPENDING MONEY ON MALABAR FOR YEARS NOW AND WE HAVE NO IDEA WHEN THAT EXPANSION IS EVEN GOING TO BE [INAUDIBLE] AND YOU MADE IT TO PLANNING. WE JUST WE HAD THE TOP DEPARTMENT OF  TRANSPORTATION JUST PRESENT THAT. WE DON'T EVEN KNOW WHEN IT'S GONNA BE WHAT WE'RE SPENDING MONEY ON IT RIGHT NOW WHICH I UNDERSTAND BUILDING FOR THE FUTURE BUT WE'RE ONLY THREE MONTHS AWAY FOR THE SAME ROAD THAT I'VE BEEN SAYING FOR YEARS THAT YOU NEED TO BE DOING THIS ON GAINOR. I'VE BEEN TELLING YOU FOR YEARS THIS IS A PROBLEM COMING AND I. BUT WE'RE GOING TO BUY LAND OVER HERE THAT WE DON'T HAVE A DEADLINE DATE ON. WELL NOW WE'RE THREE MONTHS AWAY FROM GAINOR ROAD HAVING TO BE PAVED ON AND I WAS BLOWN BLOWN OFF. SO I'M JUST TRYING TO SAY DON'T LET GAINOR SLIDE NOW BECAUSE YOU'RE IT WILL BE UGLY BUT YOU CAN'T START PAVING WHEN YOU DON'T OWN THE LAND RIGHT. NOW FOR POSITIVE SIDE IN THAT SAME FUND 155. I LIKE SEEING THE FACT THAT YOU PUT EIGHTY THREE THOUSAND DOLLARS INTO THE CHIP FUND FOR ROAD MAINTENANCE. IT WON'T GO FAR BUT AT LEAST IT'S GOING IN THERE. WITH THAT BEING SAID THANK YOU VERY MUCH. [INAUDIBLE]. WE DO IT WE WE ARE LOOKING STILL AT THE AND TAKING THOSE THOSE OWNERS IN THAT AREA TOO. SO I KNOW THAT YOU KNEW THAT WAS UNDER PROGRESS AND FOR THE RECORD WE CAN CONFIRM THAT PUBLICLY THAT WE'RE STILL DOING THAT AS WELL. I THINK APPRAISALS ARE UNDER IT'S WAY. WITH THAT COUNCIL I NEED A MOTION. MAKE A MOTION TO APPROVE ORDINANCE NUMBER 2019-34.

SECOND. SECOND BY DEPUTY MAYOR ANDERSON. ANY FURTHER DISCUSSION. AND MAYOR I'LL JUST REMIND MR. BATTIN THAT IF WE WERE TO WAIT THE LAST SECOND WE MIGHT NOT HAVE THE FUNDING OR THE LEVERAGE TO GET THESE PROPERTIES AT A FORMAL PRICE FOR THE TAXPAYERS. AND AS YOU SAW TRY AND GET THE [INAUDIBLE] GETTING THE RIGHT OF WAY FOR MALABAR THE EASTERN END  IT'S QUITE EXPENSIVE SO WE CAN'T KIND OF WAIT TILL THE LAST SECOND BUT UNDERSTAND AND I KNOW STAFF I'VE TALKED TO STAFF I KNOW THAT THERE THEY ARE ON THE PROGRESS WITH THAT FOR YOUR YOUR REQUEST. ALMOST EVERY APPROVED PROJECT THAT WE'RE DOING RIGHT OF WAY IS OUTPACING CONSTRUCTION COSTS. AND THEN JUST TO POINT OUT EIGHTY THREE THOUSAND FOR ROAD MAINTENANCE FUND AND SEVENTEEN THOUSAND [INAUDIBLE]. WITH THAT I'M GONNA CALL IT. ALL IN FAVOR SAY AYE. AYE.

ALL OPPOSE SAY NAY. OK. ITEM 5 MRS. [INAUDIBLE]. THANK YOU MAYOR AND COUNCIL. YES STAFF IS UM ASKING TO UTILIZE GENERAL FUND AND [INAUDIBLE] SOME OPEN POSITIONS TO GET THE ROAD PROGRAM UNDERWAY. SO WE HAVE SOME VACANCIES THROUGH SOME OF OUR GENERAL FUNDS SO WE'RE LOOKING TO MOVE FORWARD WITH FISCAL ANALYST AND PROCUREMENT PROCUREMENT AGENT THREE THIS WILL OVERSEE THE BOND IN THE FINANCE DEPARTMENT AND ALSO ACCELERATE THE RFP PROCESSES FOR OUR BIDS AND ENSURING THAT WE'RE ADHERING TO ALL THE REGULATIONS THERE. ALSO LOOKING TO TAKE OUR TRAFFIC AND ENGINEER POSITION AND RECLASSIFY TO A ENGINEERING SPECTER.

JUST JUST TO SUPPORT THE ROAD PROGRAM. THIS WILL ALLOW US TO DO SOME OF THOSE GEO TECHNICALS AS YOU CAN SEE WE'RE ASKING FOR FOR SOME FUNDING FOR TWENTY THOUSAND DOLLARS START THAT SO THAT WE CAN HAVE THAT FOR THE RFP AS WELL. SO DEDICATING SOME STAFF TOWARDS THIS  ENDEAVOR JOURNEY SLOWLY BUT NOT  ASKING FOR EVERYTHING AT ONCE AND WE'RE TRYING TO DO IT WITHIN OUR WITHIN OUR MEANS. OK DO WE HAVE A C ARD OR ANYTHING. BILL BATTIN. BILL BATTIN 586 OCEAN SPRAY STREET SW. REAL SIMPLE QUESTION ON THIS ONE. WILL THESE POSITIONS REMAIN AFTER THE ROAD IS ROAD PROJECT IS COMPLETED. JUST KIND OF STRAIGHTFORWARD. OK THANK YOU.

[INAUDIBLE] IS 5 YEARS OF AN 8 YEAR COMPLETION. AS YOU CAN [INAUDIBLE] WE USED TO HAVE A TRAFFIC ENGINEER WE'RE RECLASSIFYING TO AN ENGINEER SO WE ARE ALWAYS RECLASSIFYING WITHIN THE GENERAL FUND AS NEEDED THROUGHOUT THE CITY AS A PROGRESSIVE SO I'D LIKE TO SAY I'LL BE HERE IN EIGHT YEARS TO SAY YES IT WILL BE GONE BUT I KNOW THAT THESE AREN'T THESE AREN'T

[02:20:02]

[Administrative And Legal Reports]

ALL RIGHT WE'RE GOOD. THANK YOU. ALL RIGHT. PUBLIC COMMENTS. ANY CARDS OR ANY PUBLIC COMMENTS. IF NOT EVERYBODY HOLD THEIR PEACE BECAUSE I'M ABOUT TO HIT THE HAMMER. MEETING ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.