Jan 04, 2024 Council Meetings - Regular

UH, MISS SHERMAN THANK YOU, MAYOR.

[AGENDA REVISIONS]

AGENDA REVISIONS.

A PROCLAMATION FOR HUMAN TRAFFICKING AWARENESS MONTH AND NATIONAL HUMAN TRAFFICKING AWARENESS DAY HAS BEEN ADDED AS ITEM NUMBER TWO UNDER PROCLAMATIONS AND RECOGNITIONS.

ALSO, THE LEGISLATIVE MEMORANDUM FOR ITEM SIX UNDER NEW BUSINESS, THE FLAG PROGRAM NOMINEE HAS BEEN REVISED TO INCLUDE ADDITIONAL INFORMATION.

THANK YOU. THANK YOU, MADAM SMITH.

ANY REVISIONS? NO, SIR. THANK YOU.

WE ARE NOW ON PROCLAMATIONS AND RECOGNITIONS.

[PROCLAMATIONS AND RECOGNITIONS]

WITH THAT. WELL AS YOU WERE.

WE'RE GOING TO WE'RE GOING TO CHANGE SOMETHING AROUND.

UH, IT'S, UH.

MISTER MASTER CHIEF BATTEN.

YOU WANT TO SPEAK REGARDING THE PROCLAMATIONS? BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

FLORIDA ARBOR DAY.

FANTASTIC. AND THE REASON FOR THAT IT'S FANTASTIC IS BECAUSE FOR EVERY GREEN LIVING ELEMENT OUT THERE, IT PRODUCES OXYGEN FOR US TO LIVE.

YET WHAT WE SEE HAPPENING IS ENVIRONMENTALIST APPROACH OF SAYING, OH, WE HAVE TO GET RID OF ALL CO2 CAPABILITIES, PRODUCING CO2 CAPABILITIES AS WE SEE THE EARTH TODAY.

I WANT PEOPLE TO UNDERSTAND WITHOUT CO2, WE WON'T HAVE THE ABILITY TO HAVE ARBOR DAY ANYMORE, BECAUSE THERE WON'T BE A WORLD HERE TO LOOK AT.

WELL, THERE WILL BE A GLOBAL IDENTITY, BUT IT WILL NOT BE AS WE KNOW IT NOW.

WE NEED THE CO2 IN CONJUNCTION WITH THE PLANTS IN ORDER TO PRODUCE THE OXYGEN BY WHICH WE LIVE.

LIVE. SO WITH THAT, I JUST WANTED TO MAKE THAT LITTLE STATEMENT KNOWN.

SO IF YOU'RE GOING TO START ATTACKING MOTHER NATURE, ATTACK IT ON ALL SIDES AND UNDERSTAND WHAT MOTHER NATURE REALLY IS.

MAYOR. I DON'T SEE HIM. MAYBE SUSAN WOULD LIKE TO COME UP.

SO IT'S LOCAL OWNERSHIP.

I DIDN'T SEE LOGAN.

SUSAN COLLIE. SHE'S PART OF THE SUSTAINABILITY.

OH, SANDY, DO YOU WANT TO COME UP? MISS COLLIE? YES.

FLORA. ARBOR DAY.

YOU KNOW WHAT BILL SAID? PLANTS NEED CO2 TO PRODUCE OXYGEN.

ISN'T THAT GREAT? YES.

IT IS HEREBY PROCLAIMED BY THE MAYOR OF THE CITY OF PALM BAY, THE GREATEST CITY ON THE FACE OF THE EARTH.

WHEREAS ARBOR DAY IS A NATIONALLY CELEBRATED, CELEBRATED OBSERVANCE THAT PROMOTES THE BENEFITS OF TREES IN THE URBAN ENVIRONMENT AND ENCOURAGES TREE PLANTING AND CARE.

AND WHEREAS ARBOR DAY WAS THE CREATION OF JULIUS STERLING MORTON OF NEBRASKA AND FIRST TOOK PLACE IN 1872.

MORTON SERVED AS PRESIDENT GROVER CLEVELAND'S SECRETARY OF AGRICULTURE, IMPROVING AGRICULTURAL TECHNIQUES THROUGHOUT THE UNITED STATES.

AND WHEREAS, NEARLY 100 YEARS LATER, IN 1970, RICHARD PRESIDENT OR PRESIDENT RICHARD NIXON PROCLAIMED THAT THE LAST FRIDAY IN APRIL AS NATIONAL ARBOR DAY.

HOWEVER, INDIVIDUAL STATES CONDUCT THEIR OWN ARBOR DAY CELEBRATIONS AT VARIOUS TIMES OF THE YEAR.

LISTEN, I GOT TO BE TRANSPARENT.

I ALMOST SAID RICHARD NIXON, SO I'M ANYWAY, I'M AMUSING MYSELF.

WHEREAS FLORIDA, ALONG WITH LOUISIANA, UH, WAS THE FIRST CELEBRATED.

UH. WOOSAH.

YEAH. THINK OF A TREE.

YEAH, YEAH, THINK OF THE TREE.

THINK OF THE TREE.

WHEREAS FLORIDA, ALONG WITH LOUISIANA, ARE THE FIRST TO CELEBRATE ARBOR DAY EACH YEAR.

AND THE. ON THE THIRD FRIDAY OF JANUARY, FLORIDA CELEBRATES ARBOR DAY IN JANUARY BECAUSE OF MANY TREES ARE DORMANT AND LOSE LESS WATER OR

[00:10:02]

LOSE LESS WATER THROUGH TRANSPIRATION TRANSPIRATION THIS TIME OF YEAR, MAKING THEM EASIER TO TRANSPLANT WITHOUT PUTTING THEM THROUGH TOO MUCH STRESS. NOW THEREFORE, I, ROBERT MEDINA, MAYOR OF THE CITY OF PALM BAY, BY VIRTUE OF THE AUTHORITY OF SAID OFFICE, DO HEREBY PROCLAIM JANUARY 19TH AS FLORIDA ARBOR DAY IN CELEBRATION OF FLORIDA'S ARBOR DAY, CITIZENS ARE ENCOURAGED TO DO THEIR PART IN HELPING TO REDUCE POLLUTION, CONSERVE ENERGY, AND BEAUTIFY THE STATE OF FLORIDA. FLORIDA BY PLANTING TREES.

PLANTING NATIVE TREES PROTECTS THE ENVIRONMENT, BALANCE, AND BEAUTY OF THE SUNSHINE STATE BY PREVENTING THE SPREAD OF INVASIVE PLANTS AND OFFSETTING SOME OF THE POTENTIAL IMPACTS OF CLIMATE CHANGE.

NOW, IN WITNESS HEREOF, I HAD SET MY RIGHT HAND AND CAUSED THE SEAL OF THE CITY OF PALM BAY TO BE AFFIXED THIS FOURTH DAY OF JANUARY 2024. CONGRATULATIONS, SUE.

GO AHEAD AND SHARE.

WHAT YOU LIKE FROM THE SUSTAINABILITY PLAN.

UM. I THINK THIS IS A VERY IMPORTANT MOMENT, AND IT SHOWS US AND BRINGS US TOGETHER TO SHOW THAT ALL THINGS WE WERE BLESSED WITH OUR ENVIRONMENTAL HOME.

AND IT'S ALL PART OF US BEING TOGETHER, HONORING OURSELVES, HONORING OUR, OUR CHOSEN GOD.

AND, UM.

LIVING. LIVING WELL.

SO I THINK THANK YOU, MAYOR.

AND I WOULD LIKE TO SAY THAT THE PALM BAY HAS A VERY ACTIVE SUSTAINABILITY ADVISORY BOARD, AND WE ARE ON TO MANY PROJECTS THIS YEAR THAT WILL IMPROVE OUR ENVIRONMENT AND OUR COMMUNITY.

SO THANK YOU, MAYOR.

THANK YOU. AND THANK YOU TO THE CITIZENS COME OVER HERE FOR.

THE PROCLAMATION.

ALL RIGHT. I HEARD Y'ALL WENT ALL NIGHT.

OKAY, I'M GOING TO HAVE KIM CURRY FROM ANEW AND BRING YOUR ENTOURAGE WITH YOU IF YOU LIKE.

I KNOW YOU HAVE SEVERAL PEOPLE THAT HAVE COME WITH YOU FROM FAR AWAY.

THESE FOLKS HERE. SURE.

EVERYBODY CAN COME ON UP.

COME ON UP. COME ON.

HOW YOU DOING? GOOD.

YES. JANUARY IS HUMAN TRAFFICKING AWARENESS MONTH.

NATIONAL HUMAN TRAFFICKING AWARENESS DAY IS JANUARY 11TH, 2025, 2024.

IT IS HEREBY PROCLAIMED BY THE MAYOR OF THE GREATEST CITY ON THE FACE OF THE EARTH, PALM BAY.

WHEREAS HUMAN TRAFFICKING IS THE ILLEGAL TRADE IN HUMAN BEINGS.

A PUBLIC HEALTH AND HUMANITARIAN ISSUE.

A FORM OF MODERN DAY SLAVERY AND A CRIME AGAINST HUMANITY THAT VIOLATES THE MOST BASIC HUMAN RIGHTS AND DEPRIVES VICTIMS OF THEIR FREEDOM.

AND WHEREAS HUMAN TRAFFICKING IS THE RECRUITMENT, HARBORING, TRANSPORTING, PROVIDING OR OBTAINING A PERSON FOR THE PURPOSE OF COMMERCIAL SEX ACTS, LABOR OF SERVICES INDUCED BY FORCE, FRAUD OR COERCION, OR IN WHICH THE PERSON INDUCED TO PERFORM SUCH AN ACT HAS NOT ATTAINED 18 YEARS OF AGE.

AND WHEREAS IT IS ESTIMATED THAT, ALTHOUGH GROSSLY UNDERREPORTED.

OVER 50 MILLION PEOPLE ARE BEING TRAFFICKED WORLDWIDE.

WITH CHILDREN ACCOUNTING FOR HALF OF THE VICTIMS IN THE UNITED STATES BEING THE NUMBER ONE CONSUMER OF SEX WORLDWIDE AND ONE OF THE TOP THREE NATIONS OF ORIGIN GLOBALLY FOR VICTIMS OF HUMAN TRAFFICKING.

AND WHEREAS FLORIDA RANKS THIRD IN THE UNITED STATES FOR HUMAN TRAFFICKING CASES REPORTED TO THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER AND THE CENTRAL CENTRAL REGION HAVING THE HIGHEST NUMBER OF CASES REPORTED TO THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES.

AS HUMAN TRAFFICKERS REGARD FLORIDA AS ONE OF THE MOST ATTRACTIVE DESTINATIONS AND TRANSIT POINTS FOR THEIR VICTIMS.

[00:15:06]

WHEREAS HUMAN TRAFFICKING HAS INCREASED EXPONENTIALLY AS THE FASTEST GROWING AND SECOND LARGEST INTERNATIONAL CRIMINAL ENTERPRISE, NEXT TO ILLEGAL DRUGS AND ARMS TRADE, GENERATING OVER $150 BILLION, SPECIFICALLY INVOLVING CHILD SEXUAL ABUSE, MATERIAL PORNOGRAPHY, ONLINE EXPLOITATION, EXPLOITATION, AND OFTEN INVOLVES FAMILY MEMBERS OR THOSE PERSONALLY KNOWN TO BE TO THE VICTIM.

WHEREAS A NEW LIFE INTERNATIONAL IS A LOCAL, FAITH BASED NONPROFIT ORGANIZATION SERVING AS A TRUSTED PARTNER TO RAISE AWARENESS, REDUCE VULNERABILITY, AND PROVIDE RESOURCES AND SERVICES TO VICTIMS, SURVIVORS AND IN OUR COMMUNITY. NOW, THEREFORE, I ROB MEDINA, MAYOR OF THE CITY OF PALM BAY, BY VIRTUE OF THE AUTHORITY OF SET OFF OFFICE, DO HEREBY PROCLAIM HUMAN TRAFFICKING AWARENESS MONTH IN THE MONTH OF JANUARY AND NATIONAL HUMAN TRAFFICKING AWARENESS DAY, JANUARY 11TH, 2024, IN THE CITY OF PALM BAY AND URGE ALL OUR CITIZENS TO PROTECT THE VULNERABLE AND END HUMAN TRAFFICKING THROUGH CONTINUED PREVENTION, PROSECUTION, EDUCATION, AWARENESS AND TO SEND A STRONG MESSAGE TO THE PERPETRATORS THAT FLORIDA IS A ZERO TOLERANCE STATE FOR ALL FORMS OF HUMAN TRAFFICKING, AND THAT WE ARE COMMITTED TO PROTECTING VICTIMS RIGHTS AND RESTORING THEIR DIGNITY AND FREEDOM. IN WITNESS WHEREOF, I SET MY RIGHT HAND, OR I SET MY HAND AND CAUSED THE SEAL OF THE CITY OF THIS, UH, THE CITY OF PALM BAY TO BE AFFIXED THIS FOURTH DAY OF JANUARY, 2024.

IF YOU HAVEN'T SEEN THE MOVIE THE SOUND OF FREEDOM, LET ME RECOMMEND THAT MOVIE.

THAT IS A A TRUE STORY.

IT'S BASED ON A TRUE STORY ON, UH, HUMAN TRAFFICKING AND, AND THE ASPECTS OF WHAT OUR CHILDREN GLOBALLY ARE GOING THROUGH.

MADAM KIM, THANK YOU.

THANK YOU, MR. MAYOR.

COUNCIL. CITY MANAGER, CITIZENS AND MY CREW.

I AM HONORED THAT I HAVE BOARD MEMBERS.

HONORARY BOARD MEMBERS, VOLUNTEERS AND SUPPORTERS UP HERE WITH ME.

SOME OF YOU OUT THERE MAY BE AS WELL AS WELL AS THOSE WATCHING.

THIS IS AN INCREDIBLE, INCREDIBLY HORRIFIC THING THAT IS GOING ON EVERY SINGLE DAY IN OUR NEIGHBORHOODS.

SOME FOLKS THINK THAT IT DOESN'T HAPPEN HERE, IT DOESN'T HAPPEN IN MY NEIGHBORHOOD, MY CITY, ETC.

IT DOES.

AS THE MAYOR SAID, THE MOVIE SOUND OF FREEDOM WAS INCREDIBLE FOR RAISING AWARENESS ABOUT HUMAN TRAFFICKING.

I BELIEVE IT ALSO DISTRACTED FROM WHAT IS GOING ON RIGHT HERE IN THE UNITED STATES.

THE UNITED STATES TRULY IS NUMBER ONE.

SO ALTHOUGH WE ABSOLUTELY NEED TO ADDRESS IT GLOBALLY, WE NEED TO ADDRESS IT IN OUR COMMUNITIES.

SO ONE OF THE THINGS THAT A NEW HAS DONE IN THIS LAST YEAR IS WE'VE OPENED UP A RESOURCE CENTER IN MELBOURNE, AND OUR SOLE PURPOSE IN THAT IS TO PROVIDE A PLACE WHERE PEOPLE CAN COME GET THEIR NEEDS MET SO THAT WE REDUCE THE VULNERABILITY AND THEY SAY YES, LESS TO THE BAD GUYS.

SO I'D LOVE TO INVITE YOU ALL THERE.

WE'LL BE AROUND AFTERWARDS.

I'LL TELL YOU WHERE WE'RE AT AND ANSWER ANY QUESTIONS THAT YOU HAVE.

ALSO ON JANUARY 11TH, WE'LL BE MEETING BACK HERE IN FRONT OF CITY HALL BETWEEN 12 NOON AND 2:00 FOR A RED SAND PROJECT EVENT, WHERE WE'LL BE DISTRIBUTING SAND IN THE CRACKS OF.

I KNOW THERE MIGHT BE A COUPLE OF CRACKS IN THE SIDEWALKS THAT WILL REPRESENT THOSE THAT ARE FALLING AND SLIPPING THROUGH THE CRACKS.

WE SEE VICTIMS EVERY SINGLE DAY.

YOU'VE GOT ONLINE EXPLOITATION THAT'S HAPPENING, AND THROUGH GAMING AND ON OUR KIDS PHONES, YOU'VE GOT RELATIONSHIP EXPLOITATION THAT'S HAPPENING THROUGH RELATIONSHIPS, BUILT BOYFRIENDS, GIRLFRIENDS, ETC.

SOME BECOME MARRIAGES, AND THEN YOU HAVE SOME FAMILIAL TRAFFICKING THAT IS GOING ON AS WELL.

YOU'RE PASSING VICTIMS AND OR BUYERS AND OR EXPLOITERS EVERY SINGLE DAY.

YOU'RE ON THE 95.

I'M JUST SAYING IT'S HIDDEN IN PLAIN SIGHT.

IT'S RIGHT HERE, AND WE'RE DOING EVERYTHING WE POSSIBLY CAN TO MAKE SURE THAT WE'RE FINDING YOUR MISSING KIDS.

[00:20:08]

WE'RE PROVIDING JEANS TO YOUNG LADIES THAT NEED THEM, AND THEIR NEXT STEP IS TO GO TRADE THEMSELVES FOR A PAIR OF JEANS.

I HAVE A VICTIM THAT I WORK WITH.

THAT'S HOW SHE GOT INTO THIS LIFE.

SHE JUST NEEDED A PAIR OF JEANS.

THAT'S NOT GOING TO HAPPEN ON OUR WATCH.

SO AGAIN, THANK YOU ALL.

I ASK FOR YOUR PRAYERS, SUPPORT, ANY KIND OF SUPPORT THAT YOU HAVE ARE WILLING TO GIVE.

PLEASE GET INVOLVED.

TALK TO ANY OF US THAT ARE UP HERE.

AND UM, THANK YOU SO MUCH FOR THIS OPPORTUNITY TO SHARE THIS VISION AND TO DO ALL WE CAN FOR OUR COMMUNITY TO KEEP OUR KIDS SAFE.

DID YOU WANT TO TALK A LITTLE BIT ABOUT THE TASK FORCE? THANK YOU. ABSOLUTELY.

SO THANK YOU, MAYOR, FOR REMINDING ME.

I'M ALSO THE CHAIR.

I'M THE CHAIRPERSON FOR THE SPACE COAST HUMAN TRAFFICKING TASK FORCE.

WE HAVE SEVERAL, UH, LAW ENFORCEMENT.

WE HAVE FBI, WE HAVE SEVERAL ORGANIZATIONS THAT ARE ALL WORKING TOGETHER TO, AGAIN, DO ALL THAT WE CAN IN OUR COMMUNITY.

SO I'M HAPPY TO ASK, ANSWER ANY QUESTIONS ON BEHALF OF THE TASK FORCE.

ALSO, WHEN WE'RE HERE ON JANUARY 11TH, I WILL BE HERE REPRESENTING THE TASK FORCE, NOT A NEW, UH, SO JUST WANT TO MAKE THAT CLEAR AS WELL, THAT YOU HAVE A LOT OF FOLKS THAT YOU DON'T SEE HERE TONIGHT THAT ARE BEHIND THE SCENES DOING A LOT OF THINGS TO FIGHT THIS FIGHT TOGETHER.

SO I THINK THAT WAS IT.

BUT THANK YOU SO MUCH FOR THAT.

THANK YOU. I JUST WANTED TO ALSO MENTION RAISING THE AWARENESS AND GOING THROUGH, UH, LOOKING AT DIFFERENT ASPECTS OF WHAT TO IDENTIFY.

HOW TO IDENTIFY A POTENTIAL VICTIM IS CRITICAL.

SO JUST KNOWING ABOUT HUMAN TRAFFICKING CAN ACTUALLY ATTUNE.

AND YOU CAN CONTACT LAW ENFORCEMENT AT THAT TIME, UH, ESPECIALLY WITH THE EMERGENCY DEPARTMENTS IN THE HOSPITALS, UH, THE HOTELIERS, THAT'S WHERE THE PROMINENCE OF THESE VICTIMS, UH, ARE CURRENTLY AT.

THANK YOU. THANK YOU, SIR.

THAT'S ALL.

THANK YOU. THANK YOU SO MUCH.

DON'T MIND. THANK YOU.

SEE YOU. I LIKE THAT.

DEPUTY MAYOR. WE ARE. DEPUTY MAYOR, WE ARE NOW ON PUBLIC COMMENTS.

[PUBLIC COMMENTS/RESPONSES]

PASTOR KEN DELGADO.

HELLO AGAIN. KEN DELGADO, 154 ANGELO ROAD, SOUTHEAST IN THE GREATEST CITY CALLED PALM BAY.

UH, MY EXCERPT FOR TODAY, UH, FROM FROM SCRIPTURE IS, UH, FOUND IN PHILIPPIANS CHAPTER FOUR, UH, WHERE IT SAYS, UH.

GOODNESS. LOST IT.

THERE IT IS. UH, NOT THAT I SPEAK.

BEING IN NEED. I HAVE LEARNED IN WHATEVER SITUATION I AM TO BE CONTENT.

I KNOW HOW TO BE BROUGHT LOW.

I KNOW HOW TO ABOUND IN ANY AND EVERY CIRCUMSTANCE.

I HAVE LEARNED THE SECRET OF FACING PLENTY AND HUNGER, ABUNDANCE AND NEED.

I CAN DO ALL THINGS THROUGH HIM WHO STRENGTHENS ME.

GROWING PAINS.

BONES ACHE.

EVERYTHING'S OUT OF WHACK.

YOU NEED MORE CLOTHES, MORE SHOES.

THEY GROW FASTER THAN YOU CAN.

YOU FEED THEM AND IT SEEMS LIKE THERE'S A NEVER ENDING HOLE.

YET THERE COMES A TIME WHEN THEY REACH ADULTHOOD WHERE YOU DON'T HAVE TO CLOTHE THEM AS MUCH ANYMORE.

THE CITY'S GROWING.

IT'S IN GROWING PAINS.

AND HE SAID, THERE'S A SECRET THAT I HAVE FOUND.

I HAVE LEARNED HOW TO BE CONTENT WHEN THINGS ARE ROUGH AND WHEN THINGS ARE BOUND.

WE KNOW THAT IN GROWTH THE MONEY IS COMING FROM GROWTH, ALWAYS LAG BEHIND THE GROWTH NEEDS.

AND SO THE CITY IS EXPERIENCING THE PAINS OF GROWING.

AND SO A LOT OF PEOPLE COMPLAIN ABOUT THE PAINS OF GROWING AND THE PAINS ARE REAL.

[00:25:02]

BUT THEY LEARNED HOW TO BE CONTENT.

NOT THAT WE DON'T PRESS FORWARD.

IF YOU'LL NOTICE, AFTER YOU FEEL ONE BUCKET LOAD OF NEEDS, WE CAN COME UP WITH ANOTHER BUCKET LOAD OF NEEDS.

AND SO I JUST URGE COUNCIL MEMBERS AND THOSE IN THE FINANCE DEPARTMENT AND THE FUTURE OF THIS CITY TO REALIZE THAT THERE WILL ALWAYS BE NEEDS.

AND IT WILL BE DIFFICULT.

BUT DON'T KEEP PUSHING FOR MORE AND MORE AND MORE AND MORE, BECAUSE EVENTUALLY THE MONIES WILL COME IN AFTER THE GROWTH HAS BEEN SECURED. AND SO WE HAVE TO LEARN HOW TO BE SATISFIED WITH WHAT IS BEING MET, WHAT WILL BE MET, AND UNDERSTAND THAT THE NEEDS WILL STILL BE THERE NEXT YEAR ALSO.

SO LET'S LEARN TO BE CONTENT.

LET'S PRAY AND ASK GOD TO STRENGTHEN US, TO KNOW HOW IS THE BEST WAY TO MEET EVERY CIRCUMSTANCE AND EVERY SITUATION, WITHOUT GETTING DEEPER IN DEBT AND DEEPER INTO PROBLEMS, BECAUSE WE DIDN'T LEARN HOW TO BE CONTENT WITH WHERE WE'RE AT RIGHT NOW.

THAT'S MY THOUGHT FOR TODAY.

THANK YOU, MR. BILL BARTON. THE THOUGHT OF YOU WITH THE BABY CLOTHES. BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

WE JUST SAID THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA.

I HOPE YOU ARE LISTENING TO WHAT IT WAS YOU'RE PLEDGING TO.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

IF YOU THINK THAT IS WHAT IS HAPPENING IN THE UNITED STATES OF AMERICA NOW, THEN DO NOTHING.

BUT IF YOU ARE CONCERNED WITH THE DOUBLE STANDARDS BEING DISPLAYED, THEN CALL AND WRITE YOUR ELECTED OFFICIALS AND VOICE YOUR CONCERNS STARTING FROM THE TOP DOWN.

BUT I WOULD GO A STEP FURTHER AND VOICE THAT CONCERN TO THE APPOINTED OFFICIALS.

THEY ALL TOOK AN OATH.

THIS ACTION WILL BE UTILIZING YOUR FIRST AMENDMENT RIGHT.

AS GEORGE WASHINGTON SAID, TRUTH WILL ULTIMATELY PREVAIL WHERE PAINS ARE TAKEN TO BRING IT TO LIGHT.

REMEMBER, FREEDOM IS EASILY LOST WHEN YOU DON'T CONSTANTLY DEFEND IT.

GO AHEAD, PEOPLE.

YOU CAN SPEAK OUT.

THAT'S ONE OF THE RIGHTS THAT WE HAVE.

THANK YOU. NEXT SPEAKER, MR. ROBERT STICE.

GOOD EVENING. ROBERT STEIN, 1796 LYNBROOK DRIVE, SOUTHEAST.

HAPPY NEW YEAR.

UM, IT JUST SEEMS LIKE WE'RE ALL TIRED FROM 2023.

AT LEAST I AM. UM, FIRST OF ALL, I WANT TO TIP MY HAT TO THE BOARD.

AND WHAT I HEARD LAST NIGHT, I MISSED THE ZONING MEETING.

BUT WHEN? LAST MONTH, WHEN YOU DENIED THAT OTHER APARTMENT THAT WAS BEING PROPOSED.

THAT'S THE ONE OF FALKIRK AND, UH, SAN FILIPPO, AND I BELIEVE IT WAS DENIED FOUR AND ONE.

THE ENCOURAGEMENT THAT I GOT WAS THAT YOU REALLY TOOK A HARD LOOK ON THE INFRASTRUCTURE.

THAT'S REALLY WHAT IT'S ALL ABOUT.

YOU TALKED ABOUT DRIVING YOUR DAUGHTER UP, TRYING TO GET TO I 95 ON THAT, AND IT TOOK ABOUT 23 MINUTES.

OKAY, IT GETS CRAZY.

SO GOT AN ELECTION COMING UP.

AND AGAIN LIKE I'VE SAID IN THE PAST, WHAT DO YOU WANT YOUR LEGACY TO BE? NOW I THINK, UM, WHEN I'M, WHEN I'M LOOKING AT THIS.

PLEASE BE VERY CAREFUL WHEN YOU CHANGE ZONING TO BUILD LARGE AREAS AND YOU GO AWAY FROM, UH, LET ME SEE IF I HAVE THIS RIGHT. UH.

SFR. YOU'VE GOT TO LOOK AT THE COMPATIBILITY THAT YOU'VE ALREADY PUT 1200 HOMES HERE.

BUT HERE'S A SWEETHEART DEAL OVER HERE THAT WE CAN GET IMPACT FEES.

AND WE'RE GOING TO ADD MORE HOUSES HERE.

WHAT THAT DOES TO ALL OF THE INFRASTRUCTURE AND THE QUALITY OF LIFE THAT I'VE BEEN MENTIONING FOR 2 OR 3 YEARS NOW, SHOPPING, SCHOOL TRAFFIC.

[00:30:04]

AND NOT ONLY THAT, THE ANNOYANCE OF THIS IS SOMETHING THAT I'M GOING TO HAVE TO LIVE WITH FOREVER.

THIS THIS ONGOING TRAFFIC AND THIS WHAT I CALL SUBURBAN GRIDLOCK.

NOW, WHAT'S COMING DOWN THE ROAD HERE IS THAT, UH, WE WERE INFORMED A FEW WEEKS AGO THAT, UM, THERE'S GOING TO BE ANOTHER PROPOSED DEVELOPMENT CALLED THE EDEN AT BAYSIDE LAKES PUD, WHERE THAT'S GOING TO REQUESTING 168 TOWNHOMES, 195 SINGLE FAMILY HOMES ON 42 ACRE FEET LOT.

AND I THINK THE BONE HERE AND THIS IS ALL IN MY OPINION, ALL IN MY OPINION.

I THINK THE BONE THAT THEY'RE THROWING IN HERE IS THAT THERE'S 25 ACRES OF COMMERCIAL COMMERCIAL DOESN'T MAKE IT A BAYSIDE LAKES.

YOU HAVE AUTO PARTS STORES AND PEOPLE DON'T.

PEOPLE DON'T FIX THEIR OWN CARS IN BAYSIDE LAKES.

OKAY. YOU GO BUY AUTO PARTS STORES.

THERE'S TWO CARS THERE.

BE CAREFUL OF THE ZONING.

IT'S VERY EASY.

THANK YOU FOR LOOKING AT INFRASTRUCTURE.

IT'S IMPERATIVE THAT YOU CONTINUE TO LOOK AT THE INFRASTRUCTURE NOW.

DOES IT WORK? WHAT'S THIS GOING TO DO WHEN YOU'RE GONE AND WHEN YOU MOVE OUT AND YOUR TERM IS OVER AND YOU HAVE PEOPLE THAT JUST IT JUST LIVID ABOUT DRIVING IN THIS TRAFFIC, GOING TO WORK AND COMING HOME FROM WORK.

AND NOT ONLY IS IT IS IT THAT AGGRAVATION, IT'S DANGEROUS AND IT LEADS TO A MENAGERIE OF OTHER THINGS AS WELL.

SO PLEASE KEEP THAT INFRASTRUCTURE IN MIND WHEN YOU'RE LOOKING AT THESE DEVELOPMENTS.

THANK YOU. HAVE A GOOD EVENING.

THANK YOU. NEXT SPEAKER.

MAYOR, THIS CONCLUDES PUBLIC COMMENT OKAY.

THANK YOU. SO LET'S MOVE ON TO THE CONSENT AGENDA.

[APPROVAL OF CONSENT AGENDA]

ANYWHERE. UM, YES.

I MAKE A MOTION TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF THE FOLLOWING THREE, SEVEN, EIGHT, AND NINE.

SECOND. I'VE GOT A MOTION BY DEPUTY MAYOR FELIX.

UH, SECOND BY COUNCILMAN JOHNSON.

MADAM SMITH ORDINANCE 2020 4-01 AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2024 BUDGET BY APPROPRIATING AND ALLOCATING FUNDS IDENTIFIED IN EXHIBIT A, CONSISTING OF FIVE PAGES, AND INCORPORATED IN ITS ENTIRETY HEREIN.

I. I.

PASSES 3 TO 0.

[Additional Item]

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.

WE'RE MOVING ON TO PUBLIC HEARINGS NOW, MA'AM.

THANK YOU MA'AM.

[PUBLIC HEARINGS]

YES. ITEM NUMBER ONE.

THE FOLLOWING ITEMS ARE QUASI JUDICIAL IN NATURE.

PUBLIC HEARINGS. AGENDA ITEMS NUMBERS ONE, TWO, THREE, FOUR, AND FIVE.

ANY PERSON WHO WISHES TO TESTIFY ON SUCH A MATTER MUST SIGN A SPEAKER CARD, WHICH CONTAINS A SWORN OATH TO TELL THE TRUTH.

ANY INDIVIDUAL ADDRESSING THE COUNCIL MUST STATE HIS OR HER NAME AND CONFIRM THAT A SPEAKER CARD HAS BEEN SIGNED.

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

COUNSEL 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'S COMMENTS, FOLLOWED BY ANY AGGRIEVED OR ADVERSELY AFFECTED PARTY THAT HAS COMPLIED WITH SECTION 59.3.

ANY SPEAKER MAY BE SUBJECT TO CROSS-EXAMINATION BY THE COUNSEL OR ANY OTHER INTERESTED PARTY.

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

THE APPLICANT WILL THEN BE ALLOWED CONCLUDING REMARKS FOR A MAXIMUM OF TEN MINUTES.

THE QUASI JUDICIAL BODY WILL MODIFY THE TIME LIMITS ON ITS OWN MOTION, OR UPON REQUESTS OF A PARTY TO THE PROCEEDING.

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

THE COUNCIL WILL DELIBERATE IN PUBLIC AT THE END OF DELIBERATION.

COUNCIL MEMBER WILL MAKE A MOTION ON THE APPLICATION TO BRING THE MATTER TO A VOTE.

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

ORDINANCE 2023 DASH 106, 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 RS.

TWO SINGLE FAMILY RESIDENTIAL DISTRICT AND SRI SUBURBAN RESIDENTIAL ESTATE CATEGORY TO RR RURAL RESIDENTIAL DISTRICT,

[00:35:02]

WHICH PROPERTY IS LOCATED SOUTH OF AND ADJACENT TO ALCANTARA STREET IN THE VICINITY OF BETWEEN CALCUTTA AND CHAMBERLAIN AVENUES AND LEGALLY DESCRIBED HEREIN, PROVIDING FOR A CHANGE OF THE ZONING MAP.

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

THANK YOU MA'AM.

OR IS MICHAEL REBECCA CRUZ HERE? ACTUALLY, MY NAME IS JOSEPH CRUZ.

I REPRESENT MY MOM AND DAD.

UM, THIS IS OUR PROPERTY.

WE BOUGHT THE. IS THAT SPEAKER ON, SIR? BECAUSE. IS THAT SPEAKER ON.

OKAY. HEAR ME? THERE YOU GO. GET GET CLOSER.

CLOSER OR YOU CAN DRAW IT CLOSER TO YOU, SIR.

SORRY ABOUT THAT.

UM, JUST LOOKING TO REZONE.

WE BOUGHT THE ADDITIONAL 0.58 ACRES IN FRONT OF US.

UH, WE'RE JUST TRYING TO GET IT ALL REZONED TO THE SAME.

UM, HOPEFULLY EVERYTHING GOES FINE.

I DIDN'T GO HAVE A PROBLEM.

LAST MEETING. OKAY.

THANK YOU. THANK YOU.

IS THERE ANYONE? ANY SPEAKERS? NO, SIR. OKAY. NO SPEAKERS.

I'M GOING TO CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION.

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

ALL IN FAVOR, SIGNIFY BY SAYING I.

WE'RE NOW ON ITEM NUMBER TWO.

CONGRATULATIONS, SIR.

MISS SMITH. ORDINANCE 2023 107, 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 RS.

ONE SINGLE FAMILY RESIDENTIAL DISTRICT TO RS.

TWO SINGLE FAMILY RESIDENTIAL DISTRICT.

WHICH PROPERTY IS LOCATED WEST OF AND ADJACENT TO GLENHAM DRIVE AND THE VICINITY OF LEGALLY DESCRIBED HEREIN, PROVIDING FOR A CHANGE OF THE ZONING MAP.

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

HELLO, I'M BILL PRICE.

PRICE FAMILY HOMES. I'M THE APPLICANT.

I DESIRE TO BUILD A SINGLE FAMILY RESIDENTIAL SUBDIVISION HERE.

AND THE ZONING CHANGE WILL ALLOW ME TO HAVE A FEW MORE RESIDENTS.

IS THAT ALL? DOES THAT CONCLUDE YOUR PRESENTATION? I THINK SO OKAY.

ANY QUESTIONS? COUNCIL.

YOU KNOW, I AND I SAID THIS AT THE FIRST READING, RIGHT.

UH, I THOUGHT YOU DIDN'T HAVE TO COME TO COUNCIL.

I THOUGHT YOU HAD ENOUGH.

UH, BUT YOU WANTED TO COME AND ADD THREE ADDITIONAL HOMES.

YES, SIR. I AND SO I HAVEN'T CHANGED MY POSITION AS FAR AS THAT IS CONCERNED.

THANK YOU, THANK YOU.

ARE THERE ANY SPEAKER CARDS? NO, SIR. OKAY.

I'M GOING TO CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION.

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

DEPUTY MAYOR. NOTHING.

UH, AGAIN, I WANT TO GO ON THE RECORD.

YOU KNOW, THREE ADDITIONAL HOMES.

I THINK IN THAT QUARTER, UH, THAT'S AN ADDITIONAL SIX, SIX VEHICLES.

SO BY THE SAME TOKEN, I'M I'M STILL A NAY ON THAT.

ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE. ALL OPPOSED.

SIGNIFY BY SAYING NAY.

NAY. PASSES 2 TO 1.

WE ARE NOW ON ITEM NUMBER THREE.

THAT THERE WAS NO SPEAKER CARD FOR THAT.

WE JUST HAD A TIE IN VOTING OFFICIALS.

IN THIS CASE, I SEE IT AS A KIND OF VOTING OFFICIALS AS A TIE CONSTITUTES AND NOT AS A FAILURE OF THE FAILURE TO PASS.

IT'S 2 TO 1.

OF TWO OF THREE.

MISS SMITH, MADAM, ACTUALLY, WHEN YOU ALL STARTED VOTING AND HEARING WHERE THE MAYOR WAS, I KIND OF HAD THAT SAME REACTION.

WE'RE GOING TO HAVE AN ISSUE HERE, OKAY? WE BECAUSE WE NEED THREE TO PASS.

IT'S ENOUGH THAT YOU ALL HAVE A QUORUM HERE, BUT YOU ALL DIDN'T ACTUALLY PASS IT BECAUSE YOU DON'T HAVE THREE VOTES. IT DIDN'T.

I THINK IT CAN BE SOMETHING THAT YOU ALL IN THIS CASE, BECAUSE IT DIDN'T ACTUALLY FAIL IN THE SENSE THAT IT'S NOT TIED WHAT YOU MAY WANT TO DO.

AS I THINK WE'RE GOING TO NEED TO TRY TO BACK THIS UP AND CERTAINLY TRY TO BRING THIS OUT BACK AT ANOTHER MEETING. BUT WE'RE YEAH, WE'VE GOT AN ISSUE HERE.

OKAY. WELL THEN AS YOU WERE, IT DOESN'T PASS.

IT WAS 2 TO 1.

SO MADAM, MADAM SMITH, WHAT DO YOU WHAT DO YOU PROPOSE WE DO? UH, BRING THIS BACK, OR YOU CAN ALWAYS DO.

[00:40:03]

WHEN DO YOU BRING THIS BACK? YOU CAN ALWAYS ESSENTIALLY RECONSIDER ITEMS, PARTICULARLY WHEN THEY'RE EXTENUATING CIRCUMSTANCES.

AND I THINK THIS CERTAINLY ISN'T A CIRCUMSTANCE WHERE THE APPLICANT HAD ANY CONTROL OVER IT.

THIS ISN'T TO DELAY.

IT JUST SO HAPPENS THAT WE HAVE A UNIQUE SITUATION IN WHICH WE'RE MISSING AN ACTUAL COUNCIL MEMBER FROM THE BODY, AND THEN WE HAVE ANOTHER THAT WAS UNABLE TO BE HERE.

SO I THINK IT WOULD BE APPROPRIATE FOR CERTAINLY WE CAN, UH, RECONSIDER THIS LAST, UM, VOTE OR THIS, UH. HERE ON A WALL, OR TO AGREE A DATE CERTAIN AND ANNOUNCE IT FOR THE NEXT MEETING.

OKAY, SO DO WE NEED A MOTION TO MOVE IT TO THE NEXT MEETING? YES. OKAY.

UM. AND IF IT PASSES 2 TO 1, IS THAT GOOD ENOUGH? BECAUSE IF I DON'T AGREE AT THAT POINT.

SO WHAT I THOSE THOSE THREE HOMES.

YEAH. YEAH. RIGHT.

YEAH. OKAY. NO I GET THAT.

BUT MY TRUTH BE TOLD.

YES, MA'AM. IT WOULD BE NICE IF YOU ALL HAD A CONSENSUS, BUT YOU CAN BRING BACK A RECONSIDERATION WITHOUT ACTUALLY CERTAINLY HAVING THAT MOTION.

YOU KNOW, WE'VE DEBATED TIME AND TIME HOW RECONSIDERATION HAS COME FORTH.

THERE IS NO STATED PROCEDURE IN THE ACTUAL CODE FOR HOW IT COMES FORTH.

USUALLY SOMEBODY COMES AND COMPLAINS TO THE CITY MANAGER, IT GETS TO ME AND WE BRING IT BACK FORTH WITH YOU ON A MENU, UH, A MEMO FOR YOU ALL TO CONSIDER THE RECONSIDERATION AND WHETHER IT MEETS THOSE, UM.

THOSE GROUNDS.

I WOULD LIKE FOR YOU ALL TO HAVE CONSENSUS SO IT WOULD MAKE IT EASIER AND MORE ECONOMICAL IN THE SENSE THAT IF WE CAN ANNOUNCE IT TODAY, WE WOULDN'T BE RE-ADVERTISING. I SEE.

MY MY ISSUE IS THIS, MA'AM.

MY ISSUE IS THIS.

AS I STATED IN THE FIRST READING, THEY DIDN'T NEED TO COME TO US TO BEGIN WITH.

THEY COULD HAVE EASILY SUBMITTED THEIR PLANS.

THE REASON THEY CAME TO US IS BECAUSE THEY WANTED TO ADD THREE ADDITIONAL HOMES, AND I DON'T I DON'T AGREE WITH THAT.

SO AT THIS POINT THAT'S WELL, THAT'S WHY I'M A NAY.

SO IF YOU'RE SAYING TO ME THAT I, I, I'M STILL GOING TO VOTE NAY IF WE HAVE TO, YOU KNOW, HAVE A MOTION FOR RECONSIDER SO THAT THAT'S GOING TO BE TWO TO 2 TO 1.

SO WHERE DO WE GO FROM THERE? I GUESS THAT'S THAT'S THE QUESTION.

WELL I WOULD SUPPORT RECONSIDERATION ALSO.

UM, ANOTHER THING TO NOTE.

UM, OTHER APPLICANTS ARE WATCHING THIS.

THIS ISN'T ON THE APPLICANT.

SO, YOU KNOW, IT MAY FALL ONE WAY, IT MAY CHANGE, IT MAY STAY THE SAME.

BUT I WOULD ENCOURAGE COUNCIL TO AT LEAST GIVE THE APPLICANT A FAIR SHOT AND RECONSIDER.

SO I WOULD SUPPORT THAT, SIR.

THANK YOU. SO THEY SUPPORT A RECONSIDERATION.

DO WE NEED TO VOTE ON IT, MADAM? MADAM ATTORNEY, IF YOU ALL CAN'T AGREE TO A DATE CERTAIN WE COULD STILL HAVE THE RECONSIDERATION.

WE'RE JUST GOING TO HAVE TO ADVERTISE, WHICH WE WOULDN'T HAVE TO DO OTHERWISE.

IF WE WERE TO ANNOUNCE ON THE RECORD TODAY THAT THIS WAS BEING RECONSIDERED ON A DATE CERTAIN WE WOULD NOT SPEND THE ADDITIONAL FUNDS TO ADVERTISE.

BUT CERTAINLY, IF IT IS SOMETHING WHERE YOU FEEL IT IS BEST THAT WE'RE ADVERTISE, WE CERTAINLY CAN DO THAT.

WE EITHER WAY WE CAN HAVE THE RECONSIDERATION.

IT'S JUST A MATTER OF WHETHER WE'RE ADVERTISE, UH, IN THE NEWSPAPER OR WHETHER WE ARE ABLE TO STATE TODAY, DURING THIS HEARING THAT THIS WILL CONTINUE TO A DATE CERTAIN. WELL, MAYOR.

I WOULD LIKE TO GO AHEAD.

GO AHEAD. NO, I WAS GOING TO SAY GO AHEAD.

YOU. SINCE YOU MAKE THE MOTION.

WELL, I WAS I'M ABOUT TO NOW MAKE A MOTION TO TO MOVE, TO RECONSIDER.

ITEM UM, ORDINANCE 2020 3-107 FINAL READING ON JANUARY 18TH, 2024.

SECOND DOWN. OKAY.

WHAT? YOU GOT TO CALL THE VOTE, RIGHT? THAT IS CORRECT. MA'AM.

CAN I? HOW MUCH IS IT TO RE-ADVERTISE? OH. I DON'T KNOW.

IF IT'S IF IT'S JUST WE CAN ADD NOT FOR JANUARY 18TH.

IF WE ADD IT TO ANOTHER ADVERTISEMENT, IT WON'T COST VERY MUCH.

IT'S JUST THE CAPTION OF THE ORDINANCE THAT WE'RE ADVERTISING.

[00:45:03]

OKAY, ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE. ALL OPPOSED.

SIGNIFY BY SAYING NAY.

NAY. SO I GUESS IT GOES TO RE-ADVERTISE.

YES. AND IT'S LIKELY NOT GOING TO BE THE 18TH, IS THAT CORRECT? SO WE'LL UH, CERTAINLY THE APPLICANT CAN REACH OUT AND WE'LL MAKE SURE HE'S AWARE OF WHEN WE WILL BRING IT BACK.

OKAY. THANK YOU MA'AM.

WE'RE NOW ON ITEM NUMBER THREE.

MISS SMITH, ORDINANCE 2020 3-109, 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 A U.

AGRICULTURAL RESIDENTIAL BREVARD COUNTY TO CC COMMUNITY COMMERCIAL DISTRICT.

WHICH PROPERTY IS LOCATED AT SOUTH OF AND ADJACENT TO MALABAR ROAD, THE VICINITY WEST OF MELBOURNE.

TILLMAN DRAINAGE DISTRICT, CANAL SEVEN AND LEGALLY DESCRIBED HEREIN, PROVIDING FOR A CHANGE OF THE ZONING MAP.

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

DIAZ. ARE THEY HERE? I. EVENING COUNCIL.

UM, TONY MASON, FOUR TWO, SEVEN FIVE ALYSSA LANE, WEST MELBOURNE, FLORIDA JAKE IS UNABLE TO BE HERE TO PRESENT TONIGHT.

UM, SO I'M HERE IN THE EVENT THAT THERE'S ANY QUESTIONS THAT I MIGHT BE ABLE TO ANSWER.

AND I DON'T HAVE ANY PRESENTATION THAT'S OUTSIDE OF WHAT HE'S PRESENTED ALREADY.

ALL RIGHT. THANK YOU. SIR.

ARE THERE ANY QUESTIONS OF MR. MASON? OKAY.

THANK YOU. ARE THERE ANY SPEAKER CARDS? THANK YOU FOR BEING HERE, MR. MASON. NO, SIR.

NO SPEAKER CARDS.

I'M CLOSING THE PUBLIC HEARING AND ASK HIM FOR A MOTION.

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

ALL IN FAVOR SIGNIFY BY SAYING I, I, I PASSES THREE ZERO.

WE'RE NOW ON ITEM NUMBER FOUR, RESOLUTION 2020 4-01, A RESOLUTION OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, GRANTING A CONDITIONAL USE FOR RETAIL, AUTOMOTIVE, GAS, FUEL SALES AND CC COMMUNITY COMMERCIAL DISTRICT ZONING, WHICH PROPERTIES GENERALLY LOCATED SOUTH OF AND ADJACENT TO MALABAR ROAD, THE VICINITY WEST OF MELBOURNE, TILLMAN DRAINAGE DISTRICT, CANAL SEVEN AND SOUTH OF SAINT JOHNS HERITAGE PARKWAY AND LEGALLY DESCRIBED HEREIN, GRANTING THE USE AS A CONDITIONAL USE.

PROVIDING FOR A COMMENCEMENT PERIOD.

I'M OPENING UP THE PUBLIC HEARING.

THANK YOU. I'M OPEN.

I'M TONY MASON, 4275 ALLISON LANE, WEST MELBOURNE.

UM, HERE TO ANSWER ANY QUESTIONS.

UM, JAKE IS UNABLE TO ATTEND TONIGHT.

OUR ENGINEER.

AND NO NEW INFORMATION TO BE PRESENTED.

YEAH. DO YOU HAVE ANY QUESTIONS? ANY QUESTIONS? UM, THIS AREA AND I KNOW I ALLUDED TO THIS BEFORE, UM, THAT CORRIDOR, SAINT JOHNS HERITAGE GOING SOUTH, THAT'S LIKE 500FT SOUTH THAT, THAT THAT COMMERCIAL SPACE WILL PROVIDE.

CORRECT. SO THEY'LL HAVE DUAL DUAL, YOU KNOW, ENTRANCE RIGHT ON MALABAR AND SAINT JOHNS.

WELL, RIGHT NOW WE DON'T HAVE AN ACTUAL USER SIGNED UP FOR THE SITE.

BUT YOU KNOW, THAT'LL BE ALL HANDLED DURING THE APPLICATION PROCESS WHEN WE COME IN FOR SITE PLAN APPROVAL.

WELL THAT THAT'S THAT'S HOW I WOULD LIKE TO SEE THAT.

SO I.

COPY THAT. ALL RIGHT.

COPY THAT. SIR. ALL RIGHT.

SIR. THANK YOU. ANY OTHER ADDITIONAL QUESTIONS, GENTLEMEN? OKAY. THANK YOU.

SEEING NONE. ANY SPEAKER CARDS, YOU SAID? NO, SIR. NONE.

ALL RIGHT. I'M CLOSING THE PUBLIC HEARING.

ASK HIM FOR A MOTION. SO MOVED.

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

ALL IN FAVOR SIGNIFY BY SAYING I, I I PASSES THREE ZERO.

WE ARE NOW ON ITEM NUMBER FIVE, ORDINANCE 2020 3-1 11, 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 A U.

AGRICULTURAL RESIDENTIAL BREVARD COUNTY TO CC COMMUNITY COMMERCIAL DISTRICT.

WHICH PROPERTY IS 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 SEVEN AND LEGALLY DESCRIBED HEREIN PROVIDING FOR A CHANGE OF THE ZONING MAP.

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

THANK YOU. MAYOR. THIS IS FINAL READING FOR ESTABLISHING ZONING OF THE CITY OWNED PARCEL IN THE VICINITY OF MALABAR AND SAINT JOHNS HERITAGE PARKWAY, AND ESTABLISHING THAT ZONING AS COMMUNITY COMMERCIAL.

THANK YOU. THANK YOU MA'AM.

ANY OTHER QUESTIONS, GENTLEMEN? SPEAKER CARDS? NO, SIR. I'M CLOSING THE PUBLIC HEARING AND ASK HIM FOR A MOTION.

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

[00:50:01]

ALL IN FAVOR SIGNIFY BY SAYING I, I, I PASSES THREE ZERO.

WE'RE NOW ON ITEM NUMBER SIX, MADAM SMITH, ORDINANCE 2020 3-1 14, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE SEVEN TRAFFIC AND VEHICLES BY CREATING A NEW CHAPTER 71 TO BE TITLED SCHOOL ZONE SPEED INFRACTIONS PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT, HEREWITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY.

CODE OF ORDINANCES PROVIDING FOR SEVERABILITY CLAUSE.

THANK YOU MA'AM, I'M GOING TO OPEN UP THE PUBLIC HEARING.

MADAM SHERMAN. THANK YOU MAYOR.

THIS WILL BE THE FINAL READING OF THE ORDINANCE THAT WILL ESTABLISH OUR SCHOOL ZONE SPEED INFRACTIONS CATEGORY IN THE CODE OF ORDINANCES.

AS WE DISCUSSED AT THE LAST MEETING, THIS WILL ESSENTIALLY ALLOW US TO FOLLOW THE NEWLY CREATED STATE STATUTE THAT WILL ENABLE US TO CREATE A PROGRAM OF CAMERAS THAT WILL, UM, UH, BE USED FOR CITATIONS OF DRIVERS WHO VIOLATE THE SPEED ZONE DURING SCHOOL, UH, SPEED LIMIT TIMES.

AND WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ON THIS.

ANY QUESTIONS? COUNSEL? UH, DEPUTY MAYOR, THANK YOU.

UM, AT THIS POINT, UH, I WANT TO SEE ANYONE IN THE AUDIENCE WISH TO SPEAK FOR OR AGAINST THIS ITEM.

YES, SIR. COME ON UP.

PLEASE STATE YOUR NAME AND ADDRESS.

IF THE MAYOR. MY NAME IS JOHN RYAN.

I'M AT THE GREAT BELT CIRCLE IN VIERA, MELBOURNE SECTION OF FLORIDA.

UM, I'M HERE ON BEHALF OF SYNOPTIC SMART MOBILITY.

UM, WE ARE IN FAVOR OF YOUR ORDINANCE.

WE APPLAUD THE CITY AND THE COUNCIL AND THE POLICE DEPARTMENT'S EFFORTS IN THIS IMPORTANT.

CAN YOU GET CLOSER TO THE MIC, PLEASE? AND YOU COULD ACTUALLY RAISE IT BECAUSE, UH, CAN YOU HELP HIM, MR..

MISTER ROBINSON? BECAUSE HE'S HE IS TALL.

THERE YOU GO. HOW ABOUT NOW, MR. MAYOR? YES, SIR. IF YOU COULD GET CLOSER.

SO AGAIN, WE WE APPLAUD THE THE COUNCIL AND THE MAYOR AND THE POLICE DEPARTMENT AND THEIR EFFORTS HERE TO, UH, UH, GO FORWARD WITH THIS PUBLIC SAFETY INITIATIVE AND STUDENT SAFETY INITIATIVE.

UH, TECHNOLOGY HAS ALLOWED LAW ENFORCEMENT NOW TO, UH, MORE EFFICIENTLY AND EFFECTIVELY, UH, COMBAT SPEEDERS, ESPECIALLY IN SCHOOL ZONES. I'M A FORMER LAW ENFORCEMENT EXECUTIVE MYSELF FOR 27 YEARS, AND BEING A GRANDFATHER OF SIX SCHOOL AGE KIDS RIGHT NOW, THAT, UH, IT'S VERY IMPORTANT TO PROTECT OUR, OUR CHILDREN, OUR MOST VULNERABLE GROUP.

UH, SO WE APPLAUD THE CITY AND THE COUNCIL OF WHAT YOU'RE DOING.

UM, WHEN YOU'RE DOING THIS PROJECT AND YOU'RE LOOKING AT, UH, VENDORS FOR THIS PROGRAM, YOU SHOULD LOOK AT PROGRAMS THAT ARE ESTABLISHED AND HAVE BEEN AROUND FOR A WHILE, AND, AND THAT OUR PROVIDERS AND SERVICERS OF THAT EQUIPMENT, NOT JUST ONES THAT HAVE ONE PARTICULAR PRODUCT OR WHATEVER, JENOPTIK HAS ALL THOSE SOLUTIONS.

WE'VE BEEN IN THE BUSINESS FOR 65 YEARS OF TRAFFIC, UH, COMMERCIAL TRAFFIC ENFORCEMENT SYSTEMS. WE DEVELOPED THE FIRST LICENSE PLATE READER SYSTEM BACK IN 1979.

WE PROVIDE A FULL SUITE OF SERVICES FOR THESE PRODUCTS.

WE HAVE 30,000 CAMERA SYSTEMS GLOBALLY, UH, INSTALLED.

UH, AND IN THE UNITED STATES, WE HAVE, UH, NORTH AMERICA, 4000 CAMERA SYSTEMS, PARTICULARLY OUR SYSTEMS ARE IN PLAY RIGHT NOW, 2200 OF THEM IN THE CITY OF NEW YORK. AND WE HAVE 3000 CAMERA SYSTEMS, VARIETY OF SOLUTIONS THROUGHOUT FLORIDA.

WE ARE A LOCAL COMPANY.

WE ARE NORTH AMERICAN BASED, IS HERE IN JUPITER.

SO WE'RE ABOUT AN HOUR AND A HALF AWAY.

YOU HAVE LOCAL SUPPORT RIGHT HERE.

I'M IN BREVARD COUNTY, WE HAVE ORANGE COUNTY, AND WE HAVE BROWARD COUNTY STAFF AND, AND UH, UH, ACCOUNT MANAGERS.

THROUGH THAT AREA, WE PROVIDE THE FULL SUITE OF SOLUTIONS.

WE DO SPEED, WE DO RED LIGHT, WE DO, UH, BOAT AND VESSEL DETECTION, UH, AND LICENSE PLATE READERS.

WE DESIGN, WE MANUFACTURE, AND WE SERVICE IT.

WE DON'T PROVIDE IT FROM SOMEONE ELSE.

WE ARE THE MANUFACTURER OF THAT EQUIPMENT.

SO I'M HERE TODAY IS JUST THAT, UM, WHEN YOU'RE LOOKING AT THIS PROGRAM AGAIN, WE APPLAUD YOU FOR DOING IT.

WE'RE VERY IN FAVOR OF IT.

UH, BUT LOOK AT ALL OPTIONS, ALL VENDORS THAT ARE OUT THERE.

UM, AND WE ENCOURAGE THE POLICE DEPARTMENT AND THE CITY, UH, TO, UH, GO OUT TO RFP AND, UH, LOOKING AT ALL OPTIONS FOR THIS AND MORE RESPONSIVE AND RESPONSIBLE VENDORS.

UM, AGAIN, WE ARE A COMPANY RIGHT HERE IN FLORIDA, YOU KNOW, BY FLORIDA.

WE HAVE OUR OUR EMPLOYEES ARE RIGHT HERE.

AGAIN, WE HAVE 230 EMPLOYEES THAT ARE MAIN FACILITY IN JUPITER AND, UH, AND SPREAD OUT THROUGHOUT THE STATE.

SO AGAIN, WE THANK YOU FOR FOR YOUR EFFORTS AND WE APPLAUD YOU ON THAT.

UH, BUT WE JUST WE ENCOURAGE YOU TO GO OUT TO RFP AND LOOK AROUND AT DIFFERENT VENDORS.

[00:55:03]

ALL RIGHT. THANK YOU. IS THERE ANYONE ELSE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NONE. I'M GOING TO CLOSE THE PUBLIC HEARING AND ASK FOR A MOTION.

SO MOVED. I'LL SECOND IT.

I GOT THE FIRST MOTION BY COUNCILMAN JOHNSON, SECONDED BY MAYOR MEDINA.

DISCUSSIONS. YOU'RE GOOD, DEPUTY MAYOR.

SO AS FAR AS I, I JUST WANTED TO REITERATE 16 SCHOOL ZONES.

THE ABILITY TO HAVE CAMERAS THROUGHOUT PROTECTING OUR CHILDREN IS CRITICAL.

AND EVEN. MOREOVER, AS I STATED IN OUR FIRST READING, IT'S ANOTHER TOOL THAT LAW ENFORCEMENT CAN HAVE FOR INVESTIGATIVE PURPOSES.

SO I'M ALL ON BOARD WITH THAT.

SO I'M CALLING THE QUESTION.

ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE. AYE. PASSES THREE ZERO.

WE ARE NOW ON ITEM NUMBER SEVEN, MISS SMITH.

ORDINANCE 2020 3-1 15, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE 17, LAND DEVELOPMENT CODE, CHAPTER 185 ZONING CODE, SUBCHAPTER PLANNED UNIT DEVELOPMENT PUD MODIFYING THE TIMELINES RELATED TO PRELIMINARY DEVELOPMENT PLAN SUBMITTALS.

PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES AND CONFLICT.

HEREWITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY.

CODE OF ORDINANCES PROVIDING FOR SEVERABILITY CLAUSE.

I'M GOING TO OPEN UP THE PUBLIC HEARING AND ASK MISS SHERMAN.

THANK YOU MAYOR. THIS IS FINAL READING FOR THE CHANGE TO OUR ORDINANCE TO REFLECT THE FLORIDA STATUTE TIMELINES FOR OUR PLANNED UNIT DEVELOPMENT PROCESS.

HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

ANY QUESTIONS? COUNCILMAN DEPUTY MAYOR SEEING NONE ANYONE IN THE AUDIENCE WISH TO SPEAK FOR OR AGAINST THIS ITEM.

SEEING NONE. I'M CLOSING THE PUBLIC HEARING AND ASK HIM FOR A MOTION.

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

ALL IN FAVOR SIGNIFY BY SAYING AYE.

AYE, AYE. PASSES 3 TO 0.

WE ARE NOW ON ITEM NUMBER EIGHT, MISS SMITH.

ORDINANCE 2020 3-1 16, AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE 17, LAND DEVELOPMENT CODE, CHAPTER 184 SUBDIVISIONS.

BY MODIFYING THE PROCESS FOR SUBMISSION OF PRELIMINARY AND FINAL PLAT APPLICATIONS.

PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.

HEREWITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY.

CODE OF ORDINANCES PROVIDING FOR SEVERABILITY CLAUSE.

THANK YOU SIR. THIS IS THE FINAL READING FOR THE CHANGES TO THE ORDINANCE REGARDING PRELIMINARY AND FINAL PLAT APPLICATION PROCESS.

THANK YOU, MA'AM.

MR. CHAIRMAN.

ONCE AGAIN, TO REFLECT THE TIMELINES THAT ARE IN FLORIDA STATUTES.

THANK YOU. THANK YOU.

MA'AM. ANYONE WISH TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NONE. I'M CLOSING THE PUBLIC HEARING AND ASK HIM FOR A MOTION.

SO MOVED. SECOND.

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

WE ARE NOW ON ITEM NUMBER NINE.

I'M GOING TO OPEN UP THE PUBLIC HEARING.

AND MADAM SMITH.

YES, THIS IS A ACTUALLY A LONG CASE THAT'S BEEN GOING AROUND FOR SOME TIME ON THE FA VERSUS CITY OF PALM BAY VERSUS L.A..

MLS TWO.

THIS STEMS FROM A LAND USE AND A REZONING, UM, FROM A PARCEL THE MLS OWNS.

IT'S APPROXIMATELY 21.83 ACRES.

IT'S LOCATED AT THE CORNER OF ROBERT J.

CONLON BOULEVARD AND US ONE.

THE PORTION NEAREST US ONE WAS ZONED COMMERCIAL, WHEREAS THE LATTER PART WAS ZONED HEAVY INDUSTRIAL.

SOME MAY RECALL THE RINKER UM CONCRETE UM PLANT, UM, BEING THERE.

WELL, MLF BROUGHT AN APPLICATION FORTH TO CHANGE THE LAND USE IN THE ZONING TO BE A MU WITH THE INTENT TO PUT BOTH RESIDENTIAL AND COMMERCIAL, WITH THE COMMERCIAL ABUTTING US ONE.

THE PROPERTY IS IN CLOSE PROXIMITY TO FA FA INDUSTRIAL, WHICH OPERATES A CHEMICAL MANUFACTURING PLANT.

DURING THE HEARINGS BEFORE COUNSEL FA OBJECTED TO THE CHANGE TO BMU BECAUSE FA DID NOT BELIEVE IT WAS RESIDENTIAL USE, WAS COMPATIBLE WITH ITS INDUSTRIAL USES.

THE LAND USE AND THE ZONING WERE INITIALLY APPROVED BY COUNCIL OCTOBER 3RD, 2019, AND THE WAY IN WHICH THE FIRE WAS AN AGGRIEVED PARTY AND CHALLENGED IT.

THE LAND USE, OF COURSE, IS LEGISLATIVE, AND THE REVIEW OF THAT IS BY A PETITION FOR CERTIORARI, WHICH MEANS THAT THE COURT JUST

[01:00:02]

LOOKS AT THE RECORD AND IT MAKES A DECISION UPON THE RECORD.

IT DOESN'T DO ANY, UH, ALLOW ANY ADDITIONAL EVIDENCE.

WE DID ACTUALLY HAVE ORAL ARGUMENTS THAT PROCEEDED FAIRLY QUICKLY, EVEN DURING COVID.

AND BY MARCH 26TH, 2021, THE CERT PETITION WAS DENIED.

HOWEVER, WE ALSO HAVE WELL FOR THE QUASI JUDICIAL PART OF IT FOR THE.

LET THE COMP PLAN AND THE CONSISTENCY WITH THE, UM, THE COMPREHENSIVE PLAN, THEY ARE ENTITLED TO DE NOVO REVIEW, WHICH MEANS STARTING ALL OVER, WHICH THE COURT DOES CONSIDER NEW EVIDENCE THAT A PROCEEDING HAS BEEN GOING ON FOR SOME TIME.

PART OF THE ISSUES. THERE HAVE BEEN MULTIPLE COMPLAINTS AND MULTIPLE MOTIONS, MOST OF WHICH THE CITY HAS PREVAILED UPON.

BUT THERE WAS ONE MOTION REGARDING THE ACTUAL ADVERTISING THE IN GOING THROUGH DISCOVERY, THE P AND Z ADVERTISEMENT, AND THE FIRST.

MEETING BEFORE COUNCIL WERE BOTH ADVERTISED IN THE FLORIDA TODAY.

HOWEVER, THE SECOND AND FINAL ADVERTISEMENT WAS IN TRADER JOE'S, AND THE COURT RULED THAT AT THAT TIME, TRADER JOE'S DID NOT MEET THE APPLICABLE LEGAL REQUIREMENTS, AND SO EVERYTHING THAT HAPPENED AT THAT SECOND HEARING WAS UNDONE.

SO IT CAME BACK COUNCIL RECONSIDERED IT A SECOND TIME, APPROVED IT AGAIN.

AND SO WE STILL WENT BACK FORTH, AND I THINK WE WERE ON THE SECOND AMENDED COMPLAINT.

NOW WE'RE ON THE THIRD AMENDED COMPLAINT.

THE CASE HAS BEEN GOING ON FOR SOME TIME AS FAR AS MAIN OBJECTIVE REALLY, WAS TO PREVENT RESIDENTIAL NEXT TO IT WITH THE LIVE LOCAL ACT AND THE ABILITY FOR SOMEONE TO COME IN AND BE ABLE TO DO RESIDENTIAL IF THEY WERE TO, UH, CHOOSE SO FAR.

AND WITH THE LENGTH OF TIME THAT THIS LITIGATION HAS GONE ON, I THOUGHT IT BEST IF THE PARTIES COULD WORK IT AMONGST THEMSELVES TO COME UP WITH SOMETHING THAT WOULD MAKE THIS MORE COMPATIBLE.

AND SO THAT'S SOME WHAT'S REALLY THE SETTLEMENT AGREEMENT IS ABOUT, IS TRYING TO MAKE THIS MORE COMPATIBLE SO THAT FIRE CAN GO ON WITH THIS, UH, PROPOSED EXPANSIONS.

AND THE MLF IS ABLE TO FIND A SUITABLE BUYER TO DEVELOP THE PROPERTY.

SO SOME OF THE KEY TERMS OF THE SETTLEMENT ARE THE DEAL WITH THE SETBACKS.

THIS, UM, MLF HAS APPROVED UM SITE PLAN, AND FA AND MLF HAVE AGREED THAT ANY DEVELOPMENT SHOULD PROCEED AT THE SETBACKS THAT ARE PROVIDED IN THAT SITE PLAN THAT WAS APPROVED AUGUST 2023, AND THEN THE DEED RESTRICTIONS, WHICH ARE A MAJOR PART OF IT, AND THE DEED RESTRICTIONS.

MLF AGREES THAT ON THE PROPERTY THAT WAS PREVIOUSLY ZONED COMMERCIAL, THAT ONLY ON THAT PROPERTY WILL IT PROVIDE PUT PROFESSIONAL OFFICES, CLUBS, LODGES OR BREW PUBS.

HOWEVER, THERE ARE FURTHER RESTRICTIONS THAT ARE NO PART OF THE PROPERTY.

WILL THEY BE LONG TUM CARE FACILITIES, ADULT CONGREGATE LIVING FACILITIES OR ASSISTED LIVING FACILITIES? SCHOOLS OR DAYCARE CENTERS.

DURING THE LITIGATION.

AND EVEN BEFORE COUNT SO FAR EXPRESSED CONCERNS, ALTHOUGH THERE HAVE BEEN NO CODE CASES REGARDING FOREIGN NOISE, BUT THAT IF THESE NEW PEOPLE CAME LIVING THERE, THEY MIGHT NOT LIKE BEING NEAR A.

INDUSTRIAL PLANT AND THAT THEY WILL COMPLAIN AND THAT WOULD SOMEHOW ADVERSELY AFFECT FOREIGN AND POTENTIALLY WOULD DISRUPT ITS ABILITY TO CONTINUE ITS BUSINESS.

SO WHAT IS AGREED IN THE SETTLEMENT IS WHAT THE LAW ACTUALLY IS.

THERE IS ACTUALLY CASE LAW THAT SAYS IF YOU VOLUNTARILY COME TO AN INDUSTRIAL AREA, YOU CAN'T EXPECT THAT YOU'RE GOING TO BE THERE AND IT'S GOING TO BE THE SAME AS IF YOU LIVE NEAR A FARM.

ACTUALLY, THE CASE USES SOME TERMS LIKE THAT.

SO IN ESSENCE, WHAT THE PROVISIONS ARE THAT WE ARE ALL AGREEING TO IS THAT THE PEOPLE THAT ARE MOVING THERE ARE MOVING NEAR AN INDUSTRIAL PLANT.

THE NOISE, THE SOUNDS, THE SMELLS THERE ARE GO ALONG WITH A CHEMICAL INDUSTRIAL PLANT.

FAR HAS A VESTED INTEREST IN THAT.

IT CAN'T GO OUT AND DO CONCERTS OR, YOU KNOW, ANYTHING THAT WOULDN'T BE ATTRIBUTABLE TO A NORMAL CHEMICAL PLANT.

BUT SO LONG AS IT'S DOING WHAT IS REASONABLY NECESSARY FOR A CHEMICAL PLANT AND FOLLOWING WHATEVER REGULATIONS, IT WILL BE ABLE TO CONTINUE ON THERE, MOVING ESSENTIALLY

[01:05:02]

TO A NUISANCE AND IS NOT GOING TO BE THE SAME AS SOMEBODY ELSE THAT LIVED APART.

AND THAT'S HOW WE WILL ACTUALLY JUDGE THEM WHEN WE'RE LOOKING AT ANY TYPE OF NOISE COMPLAINTS.

FAR ALSO IN MLF, BECAUSE FAR HAD A APPLICATION NOT TOO LONG AGO TO A CONDITIONAL USE TO BE ABLE TO STORE CHEMICALS INSIDE, WHICH MLF OBJECTED TO.

THERE WAS, OF COURSE, A PETITION FOR CERTIORARI.

THE CITY AND FAR PREVAILED, BUT FAR NOT WANT TO GO TIT FOR TAT CONSTANTLY WHILE IT'S DEVELOPING.

PART OF THE AGREEMENT IS THAT ONCE WE GET RID OF THIS LITIGATION, THE MLF ISN'T GOING TO OBJECT TO PFIZER'S EXPANSION, NOR ARE THEY GOING TO WORK WITH THE TENANTS TO OBJECT TO PFIZER'S EXPANSION.

THERE'S PROVISION RELATED TO DRAINAGE, WHICH ACTUALLY JUST CODIFIES THE LAW.

YOU'RE ENTITLED TO THE HISTORICAL DRAINAGE OF YOUR PROPERTY.

SO LONG AS THAT DRAINAGE DOESN'T, YOU DON'T DO ANYTHING THAT'S GOING TO CREATE NEW NEGATIVE IMPACTS ON THE ADJACENT PROPERTY IS CONSISTENT WITH THE CITY STORMWATER REGULATIONS AND SUBJECT TO SAINT JOHN'S WATER MANAGEMENT DISTRICT, WHICH IS WHAT THE PROVISIONS SAY ALSO.

I ALWAYS WANT TO MAKE SURE THAT COUNCIL ISN'T DOING ANY CONTRACT ZONING.

SO THERE VERY FEW TERMS THAT THE CITY IS AGREEING TO OTHER THAN STATING WHAT THE LAW IS AND THE SCOPE OF THE AGREEMENTS EXPRESSLY STATE THERE IS NO TERM OR CONDITION OF THE SETTLEMENT AGREEMENT THAT'S INTENDED TO PRESCRIBE, LIMIT OR AFFECT THE CITY'S EXERCISE OF ITS POLICE POWERS.

SO NOTHING IN THIS SETTLEMENT AGREEMENT HAS ANYTHING TO DO WITH ANY FUTURE APPLICATIONS FOR FIRE OR MLF.

COUNCIL IS GOING TO DEAL WITH THOSE IN ITS REGULAR COURSE OF BUSINESS.

THE MUTUAL RELEASE IS ONCE EVERYTHING IS SIGNED, FIRE IS GOING TO DISMISS ITS COMPLAINT AGAINST THE CITY AND MLF RELATED TO THIS 163 CASE.

AND SO THAT WILL BE ALLOWED TO, UM, GO ON ATTORNEY FEES AND COSTS.

AS YOU CAN IMAGINE, THIS HAS BEEN GOING ON SINCE 2019.

THE ATTORNEY FEES AND COSTS FOR FA AND MLF ARE STAGGERING.

THE CITY OF PALM BAY NOT SO MUCH BECAUSE I'M SALARIED AND I HAVE BEEN HANDLING THIS.

SO YOU ALL HAVE NOT PAID AN ADDITIONAL CENT IN ATTORNEYS FEES, BUT THEIRS ARE STAGGERING.

AND WE'VE ALL AGREED THAT WE'RE GOING TO, UH, PAY FOR OUR OWN ATTORNEY FEES AND COSTS.

THEN THERE'S ALSO THE PROVISION THAT ALLOWS THE COURT TO MONITOR THE SETTLEMENT AGREEMENT.

AND THERE'S PROVISION THAT IF FOREIGN MLS BRING FORTH A CASE IN ORDER TO GET ENFORCE THE SETTLEMENT AGREEMENT, THAT THE PREVAILING PARTY IS ENTITLED TO ATTORNEY FEES, WITH THE EXCEPTION THAT NO ONE IS ENTITLED TO ATTORNEY FEES FROM THE CITY OF PALM BAY.

AND NO EVENT, WHETHER IT'S THIS CASE OR ANY FUTURE, UH, CIRCUIT ACTION OR APPELLATE, UM, ACTION.

SO ONCE EVERYTHING IS ULTIMATELY FINALIZED WITHIN SEVEN DAYS, WE WILL MOVE FORWARD TO HAVE THIS CASE DISMISSED.

ANOTHER PROVISION THAT I NEGLECTED TO MENTION ALLOWS FOR THE DOESN'T REQUIRE FA TO PROVIDE TO BUILD A WALL AROUND THE PROPERTY.

SO THOSE ARE ESSENTIALLY THE.

THE PROVISIONS OF THIS PROPOSAL IS ESSENTIALLY TO ALLOW THE PARTIES TO FIGURE OUT HOW TO BECOME COMPATIBLE AND TO GET SOME CERTAINTY, BECAUSE THERE'S ALWAYS UNCERTAINTY WITH LITIGATION AND TO BE ABLE TO CONTROL THEIR EXPENSES.

DID CAN YOU REPEAT THAT, MA'AM? YOU SAID TO BUILD A BARRIER WALL.

DID YOU SAY. YES? IT ALLOWS, UH, PART OF THE AGREEMENT FAR IS HAS THE ABILITY TO BUILD A WALL, ALTHOUGH IT IS NOT REQUIRED TO BUILD A WALL.

YEAH, I KIND OF LIKE THAT.

THAT PART OF THE SETTLEMENT TO TO HAVE A BARRIER WALL.

UH, AS YOU KNOW, THERE WAS AN EXPLOSION AND THIS WAS PART OF YOUR ADMINISTRATION.

I LOOK AT YOU, UH, KENNY JOHNSON BECAUSE OR COUNCILMAN JOHNSON, BECAUSE I KNOW YOU'RE PASSIONATE ABOUT THIS, THIS ITEM AS WELL.

UM, MY MY MY LOGIC IS HOW, UM, TO INCLUDE THAT AS PART OF THAT SETTLEMENT, UH, BECAUSE, LIKE YOU SAID, UH, WHOEVER COMES TO TRY AND BUILD THERE, IDEALLY IT WOULD BE LIGHT INDUSTRIAL AGAIN, BUT RIGHT NOW IT'S NOT ZONED THAT WAY.

UH, IN THE EVENT IT IS, UM, DEVELOPED, UH, A BARRIER WALL SHOULD BE PART OF THAT, UH, OPPORTUNITY

[01:10:06]

FOR THOSE THAT ARE COMING IN, UH, TO, TO SEE THAT THAT'S SOMETHING THAT THIS COUNCIL WOULD BE, UH, LOOKING AT AS A POINT OF, OF PROTECTING OUR CITIZENS.

SO HOWEVER YOU SEE FIT, UH, TO, YOU KNOW, EITHER IT'S ADDING, UH, THE ABILITY FOR OUR CITY MANAGER TO NEGOTIATE THAT, UH, IN THE FUTURE PART OF THE SETTLEMENT.

I WOULD I THINK I'D LIKE TO SEE THAT PART OF THE SETTLEMENT.

UM. AND YES, SIR.

AND CERTAINLY, IF THAT IS THE WILL OF COUNCIL WE CAN CERTAINLY NEGOTIATE WITH.

OF COURSE, I'M SURE THAT COUNCIL DOESN'T CARE WHETHER IT'S FIRE OR MLF OR THE TWO OF THEM THAT GET TOGETHER AND PAY FOR THE WALL THAT YOU'RE REQUIRING FOR WALL. OF COURSE, THE CITY WILL HAVE NO PART IN PAYING FOR THE WALL, BUT THAT WE DON'T WANT THE WALL TO BE SOMETHING THAT IS OPTIONAL OR DISCRETIONARY, THAT THE WALLS SHOULD BE MANDATORY.

YES, MA'AM, I APPRECIATE THAT.

IF I'D LIKE COUNCIL SUPPORT IN THAT, I'VE GOT A THUMBS UP FROM COUNCILMAN JOHNSON AND DEPUTY MAYOR FELIX AS WELL.

THANK YOU. THANK YOU MA'AM.

DOES THAT CONCLUDE YOUR PRESENTATION? WE NEED WE NEED A MOTION.

YES YES YES.

OKAY. NO COMMENTS.

YEAH, YEAH. SO IS THERE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST.

FIRST OFF, I'M VERY PLEASED WITH THE PRESENTATION THAT WE JUST SAW BECAUSE THAT WAS ONE OF THE BIGGEST CONCERNS WHEN I'M TALKING WITH PEOPLE THAT WHAT WHAT WAS GOING ON, WHAT DOES FAR WHAT WAS THE BIG HOOPLA ABOUT? PEOPLE DIDN'T UNDERSTAND WHAT WAS GOING ON.

AND ME BEING THE TYPE OF PERSON I AM.

THIS ALL STEMMED ORIGINALLY FROM REZONING CHANGES IN AN INDUSTRIAL AND COMMERCIAL AREA TO RESIDENTIAL, AND I SPOKE OUT AGAINST THAT AT THAT TIME JUST SO WE CAN PLAY BACK TAPES.

I SPOKE AGAINST IT AT THAT TIME JUST BECAUSE IT WAS INDUSTRIAL AND COMMERCIAL AREA TO BEGIN WITH.

BUT I SAID, WELL, NO, WE NEED HOUSES.

EVEN THOUGH WE HAD 70% OF OUR LAND MASS STILL AVAILABLE FOR HOUSES, IT JUST DIDN'T MAKE SENSE THAT WE'D TAKE THE ONE COMMERCIAL CORRIDOR AREA AND MAKE THAT HOUSING IT.

THAT'S WHAT STARTED ALL OF THIS.

AND NOW WE'RE GOING YEARS LATER AS A RESULT OF THAT, BECAUSE IT WAS BAD.

I CAN'T SAY BAD.

A CHOICE THAT WAS MADE.

THAT HAD AN IMPACT ON BOTH THE DEVELOPER FOR THE HOUSING AND HAD AN IMPACT ON THE COMMERCIAL PLANT THAT WAS ALREADY THERE.

IT HAD A NEGATIVE IMPACT ON BOTH, STRICTLY BECAUSE OF CHANGING ZONING TO GET MORE HOUSING.

THAT'S WHAT WAS THE INITIAL DOWNFALL IN THIS PRESENTATION OR WHAT HAS GOT US TO THIS POINT.

RIGHT. JUST GENERATES ONE QUESTION FOR ME IS THE CURRENT REZONING THAT WE HAVE THE PORTION THAT WAS PREVIOUSLY COMMERCIAL, THAT IS STAYING AS COMMERCIAL AS I UNDERSTAND THIS, BUT THEN THE OTHER PORTION THAT WAS BEING CHANGED INTO BMU, IS IT STILL GOING TO BE BAYFRONT MIXED USE FOR RESIDENTIAL RIGHT NEXT TO THIS COMMERCIAL PLANT? AND SO WHAT DID WE ACCOMPLISH IN THIS? THE ONLY THING WE ACCOMPLISHED WAS SPEND YEARS AND YEARS OF NO PROGRESSION, AND WE COULD HAVE HAD SOMETHING ELSE UP THERE.

UH, FIRST, I APPRECIATE THE PRESENTATION BECAUSE THAT'S ALL PART OF TRANSPARENCY WITHIN THE CITY.

AND IT TALKS ABOUT HOW MULTI.

ORGANIZATIONS. THE CITY OF PALM BAY, FAR AND WHAT IS IT? MHB. MLF ARE ALL WORKING SOMEWHAT TOGETHER, BUT EVERYBODY IN THIS CASE IS LOSING.

NOBODY WON STRICTLY BECAUSE OF A REZONING CHANGE.

THANK YOU. THANK YOU, MADAM CHAIRMAN.

YOU WANTED TO COVER THE THE ZONING ISSUE, THE ZONING QUESTION.

THE ENTIRE PROPERTY IS BMU.

SO WHICH INCLUDES THE PRIOR PART THAT WAS COMMERCIAL AND THE PART THAT WAS INDUSTRIAL IS ALL UNIFIED UNDER THE BMU ZONING. THANK YOU.

ANYONE ELSE WISH TO SPEAK FOR OR AGAINST THIS ITEM? PLEASE STEP FORWARD.

MR. ROBINSON, COULD YOU BRING THAT DOWN FOR HER? SHE'S OKAY, I CAN GO.

MY TYPEKIT. OKAY. THANK YOU.

MA'AM. BETSY DELGADO, 154 ANGELA ROAD, SOUTHEAST PALM BAY.

JUST A COUPLE OF QUESTIONS.

WHAT CHEMICALS? WHAT KIND OF CHEMICALS? THAT'S ONE QUESTION.

SECOND QUESTION IS THE DRAINAGE.

[01:15:01]

HOW IS THAT? I KNOW THAT WE WE DRIVE BY, UM, BY JOHN CONLON BOULEVARD, AND I SEE THAT THERE IS, THERE IS, UH, APARTMENT COMPLEXES THERE, THERE THAT TO ME IS RESIDENTIAL.

SO HOW HOW I GUESS MY MIND CANNOT, CAN'T UNDERSTAND HOW HOW WE CAN ALLOW A CHEMICAL PLANT WHERE THERE'S SO MUCH, UM, PUBLIC AND RESIDENTIAL AND.

COULD YOU EXPLAIN THAT TO ME, PLEASE? SURE, SURE.

WE CAN DEFINITELY DO THAT.

IT'S ACTUALLY BEEN A CHEMICAL PLANT THERE SINCE THE 80S, IF I'M NOT MISTAKEN.

BUT CAN WE. CAN WE GIVE THE HISTORY OF THAT FOR A SECOND? UH, MADAM SHERMAN.

THE FA PLANT.

UH, YES. THE, UH, THE FA CHEMICAL PLANT, I THINK, HAS BEEN HERE EVEN BEFORE THE 80S, IF I RECALL CORRECTLY.

UM, THEY THEY WERE, UH, HAVE FOR MANY YEARS BEEN MANUFACTURING DIFFERENT TYPES OF CHEMICALS THAT ARE USED IN A WIDE RANGE OF PHARMACEUTICAL APPLICATIONS.

UM, YOU CAN ACTUALLY GOOGLE THEM AND LOOK AT THEIR WEBSITE AND SEE THEY, THEY MAKE CHEMICALS FOR ALL KINDS OF DIFFERENT, UH, USES THINGS THAT GO INTO PAINTS AND COATINGS AND THINGS LIKE THAT. UM, SO THEY'VE BEEN THERE FOR QUITE SOME TIME.

UH, THE LAST TIME I THINK THEY CAME TO US THAT THE CITY ATTORNEY HAS KIND OF REFERENCED WAS WHEN THEY WERE TRYING TO DO A LITTLE BIT OF, EXCUSE ME EXPANSION.

AND, UH, IF THEY COME BACK IN THE FUTURE AT ANY TIME, CERTAINLY WE'LL, WE'LL LOOK AT ANY OTHER REQUESTS THAT THEY MAY HAVE, BUT THEY'VE BEEN HERE FOR MANY, MANY YEARS.

THANK YOU MA'AM.

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

MOTION TO APPROVE THE SETTLEMENT AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE, AS WELL AS MANDATE A WALL BUILT IN THAT AREA.

SECOND. SECOND.

UH MOTION BY COUNCILMAN JOHNSON, SECONDED BY DEPUTY MAYOR FELIX.

YEAH. THANK YOU FOR THE WALL.

I. PASSES 3 TO 0.

THANK YOU. SIR. UM, WE ARE NOW GOING TO CONSENT ITEM NUMBER THREE.

[CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA]

DEPUTY MAYOR, MR. BILL BARTON.

BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

CONSENT AGENDA.

NUMBER THREE WAS FOR THE CONSTRUCTION OF BUILDING E WITHIN THE CITY COMPLEX.

BEEN LOOKING FORWARD TO IT FOR A LONG PERIOD OF TIME.

I UNDERSTAND IT, BUT ME BEING THE DOUBTING TOM THAT I AM AND TRYING TO MAKE YOU BE RESPONSIBLE FOR YOUR DOLLAR BILL, RIGHT.

I WANT TO SAY WHEN THIS WAS FIRST PROPOSED, WHICH WAS MANY YEARS AGO, WHAT WAS THE COST AT THAT TIME THAT WE ARE TRYING TO PRESENT IT TO THE PUBLIC? WHAT THAT COST WAS THEN AND WHAT THE COST IS NOW, SO THAT THE PUBLIC HEARS THAT BECAUSE THEY MIGHT NOT HAVE READ THEIR LOOKED AT THEIR AGENDA.

RIGHT. THAT'S THE FIRST QUESTION, WHAT IT WAS, WHAT IT IS GOING TO BE NOW.

AND I AM VERY HAPPY THAT YOU PICKED THE COMPANY THAT WAS GOING TO SAVE $1 MILLION.

I'M HAPPY FOR THAT.

BUT IT'S STILL THE TOTAL COST.

AND THAT LEADS TO QUESTION NUMBER TWO.

WHAT IS THE FUNDING SOURCE FOR THIS? RIGHT. AND DO WE CURRENTLY HAVE THAT MONEY AVAILABLE OR ARE WE GOING TO BE GOING INTO DEBT TO FINANCE IT? THANK YOU. THANK YOU, MADAM SHERMAN.

THANK YOU MAYOR. I'LL START AND I MAY HAVE TO HAVE JULIET COME.

ADD A FEW DETAILS IF NEEDED.

FIRST OF ALL, THE FUNDING SOURCE IS ARPA AND BUILDING ENTERPRISE FUNDS.

THERE WILL NOT BE ANY DEBT ASSOCIATED WITH THIS BUILDING, SO IT'S FULLY BUDGETED.

UM, GOING BACK TO, I BELIEVE, A 2020 2ND AUGUST MEETING, UH, WAS PROBABLY THE LAST TIME THAT WE TALKED ABOUT THIS AT A COUNCIL MEETING, TALKING ABOUT THE PRICING AND THINGS LIKE THAT. AND SO AT THAT TIME, WE TALKED ABOUT THE ORIGINAL ESTIMATE WE RECEIVED FOR THE BUILDING IN EARLY 2022 WAS ABOUT $18 MILLION FROM AN ARCHITECTURAL FIRM.

AT THAT TIME, THAT PARTICULAR COST ESTIMATE WAS BASED ON A BUILD OUT OF ALL FULL BUILD OUT OF ALL THREE STORIES, WHICH IS NOT WHAT WE'RE PROPOSING.

WHAT WE'RE PROPOSING IN THIS PARTICULAR BUILD OUT IS TO BUILD OUT TWO STORIES, AND THE THIRD FLOOR IS A SHELL, BECAUSE WE DIDN'T HAVE QUITE ENOUGH MONEY TO DO ALL OF THOSE PARTS AND PIECES AT THIS TIME. SO WE'LL DO THE THIRD FLOOR AS WE AS WE GO INTO THE FUTURE ON A CASH BASIS VERSUS A DEBT BASIS.

UM, ALSO, ONE OF THE THINGS THAT HAD CHANGED FROM THAT $18 MILLION COST, IN ADDITION, IS THAT WE HAVE ADDED AN EOC COMPONENT TO THE BUILDING.

SO IT'S NOT JUST STAFF SPACES, WHICH WILL BE UTILITIES, CUSTOMER SERVICE AND THE BUILDING DEPARTMENT, BUT IT WILL ALSO BE AN EOC.

[01:20:06]

AND IT ADDED IN AS WELL.

AND SO THOSE CHANGE THE CONFIGURATION A LITTLE BIT BETWEEN THAT LAST TIME WE SPOKE ABOUT IT.

UM, BUT BUT AGAIN WE HAVE ALL THE FUNDING WE NEED TO DO THE PROJECT.

AND WE'RE, WE'RE THANKFUL THAT THE LOW BID WAS A GOOD COMPANY AT A GOOD PRICE.

OF COURSE, THEN AND NOW.

SO THE ORIGINAL ESTIMATE, UM, DOING A FULL THREE STORY FULLY BUILT OUT WAS $18 MILLION.

UM, OUR CURRENT BUDGET IS OVER $16 MILLION AND THE LOW BID IS AROUND 15 MILLION.

AND THAT MILLION DOLLAR GRACE.

IS CONTINGENT ON CHANGEOVERS, I WOULD IMAGINE.

I'M SURE THERE WILL BE THINGS THAT CHANGE ON THE PROJECT AS WE GO THROUGH.

YES. OKAY.

CARRY ON. ANYONE ELSE? MR. WHITE. NATHAN WHITE.

THANK YOU. SO WE HAVE MORE ON THIS ONE.

OH, NO. NATHAN WHITE, 1301 SEABURY STREET, SOUTHWEST. UH, I'VE SPOKEN, UH, REGARDING THE FUNDING SOURCES, UH, THE LARGEST FUNDING SOURCE IN PARTICULAR FOR THIS PROJECT IN PAST.

AND I THOUGHT IT WOULD BE APPROPRIATE, UH, TO BRING IT BACK UP, THAT THE LARGEST SOURCE OF FUNDING IS OVER $9 MILLION FROM THE $10 MILLION OF AMERICAN RESCUE PLAN FUNDS.

AMERICAN RESCUE PLAN ACT FUNDS CORONAVIRUS RELIEF FUNDS THAT COULD HAVE BEEN USED FOR AT LEAST TWO OF THE FIRE STATIONS THAT WERE CURRENTLY MISSING.

UH, WE STILL HAVE A DANGEROUS, DANGEROUSLY LOW FIRE EMERGENCY RESPONSE TIME FOR LARGE SWATHS OF PALM BAY.

UH, AND FUNDING HAS BEEN A LARGE QUESTION FOR SOME TIME BECAUSE WE'VE BEEN BEHIND FOR SOME TIME.

UH, BUT THIS COUNCIL FELT IT APPROPRIATE TO ALLOCATE ALMOST THE ENTIRE 10 MILLION THAT WAS ELIGIBLE, MORE THAN 9 MILLION TOWARDS AN OFFICE BUILDING.

OR TO USE.

UM, A FORM OF MEASUREMENT.

UH, THE COUNCIL MAY RECALL, UH, THIS COUNCIL ALSO ARGUED AGAINST AT THE TIME, UH, HOLDING A SPECIAL ELECTION FOR A VACATED SEAT.

UH, BECAUSE OF THE COST, UH, IT WOULD BE COST PROHIBITIVE.

THIS BUILDING WILL COST OVER 80 SPECIAL ELECTIONS.

AND THAT'S MONEY THAT WE COULD HAVE USED FOR OUR MISSING FIRE STATIONS, FOR OUR FIRST RESPONDERS, FOR PUBLIC SAFETY.

WE COULD HAVE BEEN MUCH FARTHER ALONG THAN WE ARE NOW SECURED IN FUNDING.

AND INSTEAD, WE'RE BUILDING AN OFFICE BUILDING.

WITH CORONAVIRUS RELIEF FUNDS.

WE CAN DO BETTER THAN THIS.

AND HOPEFULLY SOON WE WILL.

THANK YOU. THANK YOU.

ANYONE ELSE? DEPUTY MAYOR? NO, SIR. SPEAKER CARDS ON THIS.

I NEED A MOTION.

SO MOVED. SECOND.

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

DEPUTY MAYOR. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE. PASSES THREE ZERO.

WE ARE NOW ON ITEM NUMBER SEVEN.

MR. BATTEN. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST A VERIZON WIRELESS TOWER BUILT ON FRED POPPY PARK.

I UNDERSTAND WHY, AND TO ME THAT'S A GOOD ENOUGH LOCATION BECAUSE WE HAVE A LOT GOING ON OUT THERE.

AND IF THEY'RE LIKE ME, YOU DON'T ALWAYS HAVE THE BEST RECEPTION AS IT IS.

BUT I'M LOOKING AT THE $25,000 A YEAR.

WHAT I'D LIKE TO SEE IS SOME OF THAT DEDICATING OF THAT FUND, SINCE IT'S ON THE PARK, AND WE HAVE OTHER TOWERS THAT ARE ALSO LOCATED IN OUR PARK DISTRICTS, YOU KNOW, SOME THAT'S WHERE THEY PUT IN THESE TOWERS, WHICH GENERATES A LOT OF REVENUE TO THE CITY OF PALM BAY.

BUT IT'S ALL ON PARK PROPERTY.

SO MY RECOMMENDATION IS OUT OF THAT $25,000, I'M JUST USING THIS ONE FOR THE EXAMPLE.

I WOULD LIKE TO SEE IT ON ALL OF THEM SINCE IT CAME FROM PARKS LAND.

THAT THAT FUNDING BE USED TO OFFSET THE GIFT IN KIND PROMOTIONS THAT THE CITY PUTS OUT, WHERE THE NONPROFIT ORGANIZATION SAYS, WELL, I WOULD LIKE GIFT IN KIND.

WELL, THAT COMES OUT OF GENERAL REVENUE FUND.

INSTEAD OF SAYING, WELL, WE CAN CONTINUE TO DO THIS IF WE'RE ONLY USING THE FUNDS THAT ARE GENERATED FROM OUR PARKS AND RECREATIONS FROM OUR CELL TOWERS, THAT WOULD BE YOUR FUNDING SOURCE FOR THE SPECIAL FUNCTION OPERATIONS.

INSTEAD OF TAKING IT FROM YOUR GENERAL FUND, IT'LL BE A DEDICATED FUND INTO YOUR GENERAL FUND, BUT IT'LL BE EARMARKED SPECIFICALLY FOR

[01:25:08]

YOUR, UH, CO-SPONSORSHIPS WITH YOUR ORGANIZATIONS THAT WAY, IT'S THE IT'S COMING FROM THE SAME SOURCE, SO TO SPEAK, SO TO SPEAK.

THAT'S THE ONLY REQUEST.

BUT I UNDERSTAND WHY YOU HAVE TO DO IT, BECAUSE OTHERWISE PEOPLE WOULDN'T HAVE ANY CELL RECEPTION.

I JUST WANT TO SEE.

STOP USING MY GENERAL FUNDS FOR CO-SPONSORSHIP.

THANK YOU. THANK YOU, MADAM SHERMAN.

YES, SIR. WELL, UM, I GUESS THE THING I WOULD CLARIFY IS THAT THIS $25,000 IS NEW REVENUE THAT WE DON'T CURRENTLY RECEIVE.

IT WILL GO INTO GENERAL FUND AS A GENERAL REVENUE ITEM.

UM, AND ALL OF THE CO-SPONSORSHIP COSTS, UM, ARE ALREADY EXPENSES PART OF GENERAL FUND.

SO IT'S JUST NEW REVENUE THAT ALREADY COMES INTO GENERAL FUND.

THANK YOU. MA'AM, I NEED A MOTION.

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

ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE. PASSES THREE ZERO.

WE'RE NOW ON ITEM NUMBER EIGHT, MR. BARTON. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

I GAINED MORE KNOWLEDGE ON THIS TOPIC ONCE I WALKED THROUGH THE DOORS OF THIS CHAMBER TONIGHT, BUT I'M STILL GOING TO GO AHEAD AND ADDRESS IT.

UH, THE TOTAL IMPACT TRANSPORTATION IMPACT FOR THIS PUD WAS ALMOST A HALF $1 MILLION.

THAT'S WHAT IT WAS ORIGINALLY.

AND I NOTICED THAT THEY ARE PUTTING OUT 250, $250,000 AT UPFRONT CASH UPFRONT, WHICH IS VERY, VERY NICE.

AND THEN THE REMAINDER $250,000 WILL COME.

AS I UNDERSTAND IT, I COULD BE WRONG.

AS I UNDERSTAND IT, IT'S COMPLETION FOR COMPLETION OF THE PROJECT, WHICH WOULD STILL GIVE US A CITY OF PALM BAY THE TOTAL OF A HALF $1 MILLION.

BUT THAT WAS GOING TOWARDS THE TRANSPORTATION IMPACT, WHICH WAS GOING TO IMPACT TWO ROADS, RIGHT, LIPSCOMB STREET AND PALM BAY ROAD.

AND WHEN I GO AND LOOK AT THE AGENDA PACKET, IT SAYS COMPLETION OF THAT PACKET COMPLETION TIME IS 2024.

THAT'S ONE YEAR. SO I'M SAYING TO MYSELF, DOES THAT MEAN THAT THIS IS GOING FOR THE ROADS.

DOES THAT MEAN THAT PALM BAY ROAD FROM JOHN CONLAN BOULEVARD TO US ONE IS GOING TO BE FOUR LANE BY THE END OF THIS THIS YEAR? AND IS LIPSCOMB GOING TO BE FOUR LANED BY THE END OF THIS YEAR? I'M JUST LOOKING AT THE PACKAGE.

AND IF NOT, THAT MEANS THAT THE MONEY THAT WE GOT IS JUST SITTING IN NEVER NEVER LAND.

JUST PART OF THE BUDGET THAT WE CAN'T USE.

SO I WANT TO SEE SOME KIND OF A TIE TO THE ROAD CONSTRUCTION, BECAUSE THAT'S WHY THAT'S WHY THEY'RE HAVING TO HAVE THIS IMPACT FEE.

SO THAT MEANS THE INFRASTRUCTURE MUST BE MET IF WE'RE BECAUSE THAT'S WHAT WE'RE ASKING THEM TO PAY FOR.

BUT AS A RESULT, WHAT WE'RE GOING TO END UP WITH IS ALL THE NEW HOMES AND APARTMENTS AND EVERYTHING ELSE THAT ARE GOING IN WITHOUT THE INFRASTRUCTURE BEING MET.

AND WE DON'T KNOW WHEN THAT WILL EVER BE MET.

SO IT'S A CASE OF WHICH CAME FIRST, THE CHICKEN OR THE EGG.

SO I WOULD SUGGEST THAT PRIOR PLANNING MEANS BUILD FOR THE CASUALTY INSTEAD OF REBUILDING AFTER THE CASUALTY.

AND THAT'S WHAT WE'RE FACING IN THIS CASE.

SO I APPRECIATE THEM GIVING US THE MONEY.

AND I APPRECIATE US HAPPENING, BUT DOES NOT SOLVE THE TRANSPORTATION PROBLEM FROM WHICH YOU'RE GETTING THE MONEY.

THANK YOU. YOU'RE ABSOLUTELY RIGHT, BILL.

MADAM CHAIRMAN. THANK YOU SIR.

MR. BAT IS CORRECT. THESE ROADS HAVE PREEXISTING DEFICIENCIES THAT PREDATE THE PROJECT THAT'S COMING IN.

SO THE PROJECT HAS A A PROPORTIONATE, FAIR SHARE, A SMALL PORTION OF CONTRIBUTION TOWARD THOSE FUTURE NEEDS WHEN THOSE PROJECTS COME FORTH.

UM, TO CLARIFY, AS MR. BATTEN WAS ASKING CLARIFICATION ON SO TOTAL IMPACT FEES THAT WILL BE DUE TRANSPORTATION IMPACT FEES IS 579,000 AND CHANGE 270,000 OF THOSE WILL BE PAID PRIOR TO FINAL PLAT.

SO A LITTLE BIT EARLIER IN THE PROCESS, WHICH IS WHAT THIS AGREEMENT ACCOMPLISHES, THE DEVELOPER WAS WILLING TO DO THAT.

AND THE REMAINING BALANCE OF THE TRANSPORTATION IMPACT FEES THAT ARE DUE WILL BE PAID AT BUILDING PERMIT TIME FRAME.

AND THAT'S THE TYPICAL TIME WHEN THEY'RE PAID.

UH, REGARDING THE LANGUAGE IN THE ACTUAL AGREEMENT, I APOLOGIZE.

THAT WAS AN INCORRECT STATEMENT IN THERE.

I BELIEVE THE LANGUAGE GOT PULLED FROM THE TRAFFIC STUDY WHERE IT TALKS ABOUT THE PROJECT BUILD OUT BEING 2024 REFERENCE, AND IT MADE IT SOUND LIKE THEY'RE TALKING ABOUT THESE TWO ROAD PROJECTS BEING DONE END OF 2024.

THAT WAS NOT CORRECT.

UM, SO THE WAY THIS WORKS FOR THIS AND OTHER SIMILAR AGREEMENTS THAT YOU'LL SEE COME BEFORE YOU ALL IS WHEN WE DEDICATE FUNDS SPECIFIC TRANSPORTATION IMPACT FEE FUNDS TO PROJECTS THAT ARE NOT YET FULLY FUNDED.

WE SET THEM ASIDE FOR THOSE PROJECTS AND BEGIN TO BUILD TOWARD DOING THOSE PROJECTS.

[01:30:02]

UM, AS MORE DEVELOPMENTS COME IN THIS 32905 ZIP CODE AREA, THOSE IMPACT FEES, LIKEWISE BASED ON PROPORTIONATE FAIR SHARE CONTRIBUTIONS, CAN ALSO BE DEDICATED TOWARD THOSE PROJECTS BECAUSE THERE'S A NEED, WE KNOW FOR LIPSCOMB, WIDENING AND THE WIDENING OF PALM BAY ROAD, UM, TO THE EAST OF RJ CONLON.

SO HOPEFULLY THAT HELPS THE ANSWER.

THANK YOU. MA'AM, I NEED A MOTION.

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

ALL IN FAVOR SIGNIFY BY SAYING I, I, I PASSES THREE ZERO.

WE ARE NOW ON ITEM NUMBER NINE.

UH, DEPUTY MAYOR, MR. BARTON. BILL BATTEN 586 OCEAN SPRAY STREET, SOUTHWEST.

I HAVE TWO ITEMS TO ADDRESS ON THIS ONE.

THE FIRST ONE IS THE GRANTS MANAGER.

IS THERE ANY WAY WE COULD TIE THAT EMPLOYER EMPLOYEE TO PRODUCTION OF.

OF. I DON'T KNOW.

EARN YOUR WORTH.

YOU KNOW, THAT'S. THAT'S HOW WE'D SAY IT.

WE'RE WORKING ON THE FARM. YOU EARN YOUR WORTH IF YOU.

YOU GET PAID ON YOUR RETURN, NOT NECESSARILY ON YOUR HOURLY WAGE.

AND I DON'T KNOW HOW TO GO ABOUT THAT BECAUSE GRANTS ARE AN EVER, EVER EVOLVING OUT THERE.

AND I UNDERSTAND IT'S VERY COMPLEX AND WRITING OF IT.

BUT ME BEING THE DOUBTING TOM AND IF I CAN SAVE 50,000, I DON'T REMEMBER WHAT THIS ONE WAS.

WAS IT 50,000 OR $60,000 POSITION? I DON'T REMEMBER, BUT IF I COULD SAVE THAT FOR THE CITY, THAT WOULD BE ONE MORE POLICE CAR, OR THAT WOULD BE ONE MORE FIRE DEPARTMENT PERSONNEL OR ONE MORE POLICE OFFICER.

SO, YOU KNOW, I'M I'M JUST SAYING, WHICH ONE COULD WE DO? BECAUSE I KNOW THEY'RE EARNING THEIR KEEP.

I'M NOT SURE A GRANTS MANAGER IS GOING TO EARN THEIR KEEP.

AND I WILL NEVER KNOW BECAUSE WE WOULDN'T SEE WHAT THE END RESULT WAS.

WE WE MIGHT SEE WE MIGHT SEE GRANTS COMING IN.

BUT WOULD WE HAVE RECEIVED THOSE GRANTS ANYHOW? I'M NOT SURE THAT'S THE FIRST QUESTION.

RIGHT. AND I'M NOT FAULTING THE PERSON FOR HAVING THE EMPLOYER.

I WOULDN'T WANT TO BE THE PERSON CHASING GRANTS.

ITEM NUMBER TWO WAS THE INDY.

I'M SORRY. MPD'S PERSONNEL.

NO. NO PLACE DID IT SAY WHAT THAT WAS.

I KNOW THAT AS FAR AS I KNOW, THAT COULD BE THE PERSON THAT REARRANGES THE CHAIRS IN HERE BEFORE THE COUNCIL MEETINGS.

I DON'T KNOW, YOU DIDN'T SAY.

YOU TOLD ME WHAT THEIR RESPONSIBILITIES ARE, BUT YOU DIDN'T TELL ME WHO THAT PERSON WAS.

RIGHT. AND WHY DO WE NEED THIS? BECAUSE WHEN I READ THEIR JOB APPLICATION, IT LOOKS TO ME MORE LIKE IT'S A PUBLIC RELATIONS OFFICER TO TALK ABOUT THE ENVIRONMENT WITHIN THE CITY OF PALM BAY.

I DON'T NEED SOMEBODY ELSE TELLING ME ABOUT MY ENVIRONMENT.

I GET ENOUGH OF THAT FROM MY FEDERAL GOVERNMENT.

THANK YOU. THANK YOU, MADAM CHAIRMAN.

THANK YOU. PDS, YOU MIGHT WANT TO START WITH THIS.

I COULD START WITH THAT IN PDS STANDS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

STORMWATER PROGRAM.

UM, THE CITY, AS MANY CITIES DO, ARE REQUIRED TO FOLLOW STRINGENT RULES THAT THE STATE ESTABLISHES.

AND WE HAVE AN NPDES PERMIT THAT WE'RE REQUIRED TO MAINTAIN AND REPORT TO THE STATE ON OUR COMPLIANCE EVERY YEAR.

UM, YOUR RIGHT PART OF THE POSITION DOES INCLUDE AN ELEMENT OF EDUCATION, BECAUSE OUR PERMIT REQUIRES US TO EDUCATE THE PUBLIC REGARDING STORMWATER.

IT IS IN LARGE PART A POSITION THAT IS TASKED WITH PREVENTING POLLUTION IN THE STORMWATER SYSTEMS, DISCHARGES THAT SHOULD NOT BE THERE, EDUCATING PEOPLE ON THINGS TO DO AND NOT TO DO IN TERMS OF WHAT YOU SHOULD PUT INTO YOUR SWALES OR YOUR CANALS OR THE LAGOON, AS AN EXAMPLE.

UM, SO THERE'S A LOT OF DISCUSSION ABOUT POLLUTION AND A LOT OF, UM, UH, DATA REPORTING THAT WE HAVE TO DO AS A CITY EVERY YEAR TO THE STATES TO TALK ABOUT THINGS THAT WE AND THIS IS SPECIFIC TO PUBLIC WORKS.

UM, THINGS THAT WE DO TO MAKE SURE OUR STORMWATER SYSTEM IS CLEANED AND PROPERLY MAINTAINED.

SO, FOR EXAMPLE, WE HAVE BAFFLE BOXES AND WE HAVE INLET FILTERS AND PARTS OF OUR STORMWATER SYSTEM THAT WE HAVE TO CLEAN OUT ON A REGULAR BASIS.

THOSE ARE EXAMPLES OF SOME OF THE DATA THAT WE HAVE TO TRACK.

WE HAVE TO MAKE SURE WE'RE DOING THAT TO MAINTAIN AND MANAGE OUR SYSTEM PROPERLY, TO REDUCE FURTHER POLLUTION INTO THE SYSTEM OVERALL.

UM, REGARDING THE GRANTS MANAGER POSITION, THERE ARE MILLIONS OF DOLLARS OF GRANTS THAT ARE AVAILABLE.

UM, BOTH STATE AND FEDERALLY, THAT WE CAN BE APPLYING FOR THAT RELATE TO THE PUBLIC WORKS OPERATIONS.

UM, NOT THE LEAST OF WHICH IS SIGNIFICANT FEDERAL TRANSPORTATION FUNDS.

THERE'S MULTIPLE PROGRAMS RIGHT NOW.

UM, MILLIONS AND MILLIONS OF DOLLARS.

SO I THINK THE RETURN ON THE INVESTMENT WILL WILL BE THERE AS WE SUCCESSFULLY APPLY.

BUT BEYOND THAT, THERE ARE A NUMBER OF ENVIRONMENTAL TYPE OF GRANT PROGRAMS THROUGH SAINT JOHN'S, UH, THROUGH FDEP.

AND WE HAVE THE OPPORTUNITY TO APPLY FOR THOSE TO DO A LOT OF OUR TURKEY CREEK PROJECTS AND THINGS LIKE THAT, THAT WOULD ALL BE HOUSED AS PART OF THIS POSITION.

[01:35:01]

SO THANK YOU, MA'AM.

I NEED A MOTION.

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

WE ARE NOW ON, UH, UNFINISHED BUSINESS.

[UNFINISHED AND OLD BUSINESS]

UH, DEPUTY MAYOR.

THANK YOU. MAYOR. I'D LIKE TO MAKE A MOTION TO APPOINT MR. FRED, UH, ALFRED AGUIRRE TO THE COMMUNITY DEVELOPMENT ADVISORY BOARD, REPRESENTING THE EMPLOYER WITHIN THE CITY POSITION.

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

THANK YOU FOR SERVING, MR. AGUIRRE. CONGRATULATIONS.

YES, SIR. NOW WE'RE ON NEW BUSINESS, MADAM LEFLER.

[NEW BUSINESS]

UH, YES. THANKS, MAYOR. UH, STAFF IS REQUESTING CONSENSUS TO APPROVE TRAVEL FOR COUNCIL MEMBERS INTERESTED IN ATTENDING THE FLORIDA LEAGUE OF CITIES LEADERSHIP INAUGURAL CLASS, WHICH WILL BE HELD IN KISSIMMEE ON FRIDAY, FEBRUARY 9TH.

I'LL BE ATTENDING. I WILL, I, I BELIEVE I'LL BE SOMEWHERE ELSE DURING THAT TIME.

SO COUNCILMAN JOHNSON WILL BE, UH, HEADING TERRY.

AND NOW WE ARE ON, UH, REPORTS.

[COUNCIL REPORTS]

NOTHING FROM COUNCILMAN JOHNSON, DEPUTY MAYOR.

MAYOR, I DON'T HAVE A WHOLE LOT EXCEPT JUST TOOK THE OPPORTUNITY TO WISH, UH, YOU KNOW, A RESIDENT OF PALM BAY, UH, HAPPY AND PROSPEROUS NEW YEAR. ALSO, TAKE THE OPPORTUNITY TO, UH, WISH THE SAME TO STAFF.

UH, TRULY BELIEVE WE'RE GOING TO HAVE WE'RE GOING TO HAVE A GREAT YEAR.

VERY PRODUCTIVE YEAR.

THANK YOU. UM, I'VE GOT A LIST SINCE YOU, YOU KNOW, UH, COUNCILMAN JOHNSON YIELDED HIS TIME TO ME.

FIRST, I WANTED TO START BY SAYING AND COMMENDING THE HAITIAN AMERICAN ASSOCIATION OF BREVARD.

UM, THIS ORGANIZATION, OVER A DECADE NOW THAT I'VE WORKED CLOSELY WITH.

AND YOU'RE THE PRESIDENT.

UH COUNCILMAN. FELIX.

YOU TRADITIONALLY CELEBRATE INDEPENDENCE DAY ON JANUARY 1ST, WHICH IS THE HAITIAN INDEPENDENCE DAY.

YOUR ORGANIZATION DOES AN OUTSTANDING JOB.

I JUST WANTED TO COMPLIMENT YOU ON THAT.

WHAT A CLASS ORGANIZATION.

NUMBER ONE. NUMBER TWO.

UH, IT'S ALWAYS A WORTHWHILE AND EDUCATIONAL EVENT, UH, HOW YOU CELEBRATE.

AND I WANTED TO COMMEND YOU ON THAT.

SO CONGRATULATIONS.

AND TO ALL THE THE HAP MEMBERSHIPS, THANK YOU FOR EVERYTHING YOU DO FOR OUR COMMUNITY.

THAT DOES BRING AN ELEMENT OF EDUCATION.

AND IT ALSO BRINGS AN ELEMENT OF BUILDING AND FOSTERING RELATIONSHIPS.

AND THE BEST WAY TO DO IT IS BREAKING BREAD.

SO I THINK YOU GUYS NAILED IT ON ALL FRONTS.

THEN SECONDLY, I WANTED TO GET COUNCIL'S CONSENSUS ON THIS.

UM, THE COUNTY, UH, THEY TELEVISED ON YOUTUBE, AND I WANTED TO SEE IF WE COULD EXPLORE THAT POSSIBILITY TO COMPLEMENT NOT ONLY OUR FACEBOOK AND OUR WEBSITE, BUT ALSO YOUTUBE.

I THINK IT WILL PROVIDE ANOTHER OPTION FOR RESIDENTS AND HOME TO ENGAGE WITH COUNCIL.

SO I JUST WANTED TO SEE IF WE COULD JUST EXPLORE THAT AND MAYBE STAFF CAN COME BACK AND AND LOOK AT THAT OPTION.

I'M FOR IT, MAYOR, BECAUSE IT WAS WHEN I FIRST GOT ON COUNCIL THAT.

YES, SIR. I HAD BROUGHT IT UP TO THAT CITY MANAGER AT THE TIME TO DO FACEBOOK.

SO ANY, ANY OUTLOOK WE CAN, ANY OUTLET WE CAN LOOK AT TRYING TO GET OUR MESSAGE OUT AND GET WHAT'S GOING ON IN THE CITY OUT AND LISTEN TO IT.

SO THANK YOU, SIR.

MAYOR, I WOULD ECHO THAT, UM, I BELIEVE YEAH.

WE CANNOT.

AND ONE OF THE ARGUMENT IS THAT THE CITY DON'T DO ENOUGH.

SO WE WE WE KNOW WE TRY, WE STRIVE TO GET IT OUT THERE.

UM, BUT YEAH.

ONE MORE.

THANK YOU. WILL HELP.

THANK YOU. I APPRECIATE THE CONSENSUS.

THEN WHILE I'M, WHILE I'M, WHEN I'M GARNERING CONSENSUS, I WANT YOU GUYS TO HEAR ME OUT FOR ONE SECOND BECAUSE I'LL NEED YOUR CONSENSUS.

WE DON'T HAVE A PROGRAM FOR THIS.

BUT 2023 WAS A DEVASTATING YEAR FOR COUNCILMAN FOSTER.

AND THERE'S NOTHING THAT WE CAN DO.

UM, WE DON'T HAVE A FLAG PROGRAM THAT WOULD INCORPORATE A COUNCIL MEMBER, RIGHT? THAT'S FOR OUR CITIZENS AND OUR VETERANS.

SO I AM ANTICIPATING THAT COUNCILMAN FOSTER IS GOING TO COME ON THIS DAIS WITHIN THE NEXT SEVERAL WEEKS.

I WANTED TO, YOU KNOW, NOT ONLY WELCOME HIM AND EMBRACE HIM, BUT I WANTED TO SEE WITH CONSENSUS IF WE COULD FLY A FLAG IN HIS HONOR, UH, AS A WELCOME BACK GESTURE, UM, AND BE ABLE TO PRESENT IT.

IN ORDER FOR US TO DO THAT, I WOULD NEED CONSENSUS, BECAUSE I DON'T KNOW WHEN HE'S COMING, SO THAT THAT'S THE WHOLE OBJECTIVE OF THAT.

SO I'M ASKING FOR CONSENSUS TO HONOR OUR FELLOW COUNCIL MEMBER FOR NOT ONLY HAVING A DEVASTATING 2023, BUT

[01:40:06]

SHARING A VICTORY LAP WHEN HE COMES THROUGH THAT THOSE DOORS AND SAYING, HEY, YOU MADE IT THROUGH.

WELCOME BACK.

AND IT'S A IT'S A GREAT GESTURE TO FLY A FLAG OVER CITY HALL FOR HIM.

I WOULD BE IN SUPPORT OF THAT MAN.

ALL RIGHT. SO I'VE GOT CONSENSUS ON THAT.

WELL, I'M ON A ROLL.

I'M JUST KIDDING. NO, I JUST WANTED THANK YOU FOR THAT BECAUSE I THINK IT'S SOMETHING THAT, UH, WE'LL BE ABLE TO HONOR HIM.

AT THE SAME TIME, I ALSO WANTED NOT ONLY TO WISH EVERYONE A HAPPY NEW YEAR AND A PROSPEROUS NEW YEAR.

I WANTED TO THANK TO OUR FIRST RESPONDERS.

I WANT TO TAKE THIS OPPORTUNITY.

I DID AGAIN, UH, DO A RIDE ALONG, AS YOU'RE PROBABLY AWARE.

AND IT WAS RIGHT BEFORE NEW YEAR'S.

AND, UH, OUR LAW ENFORCEMENT OFFICIALS, OUR FIRST RESPONDERS, OUR FIREFIGHTERS, I DON'T KNOW HOW MANY CALLS.

AND PERHAPS I SHOULD HAVE ASKED THE CHIEF HOW MANY CALLS THEY WENT ON THE FIRE CHIEF.

BUT I CONSTANTLY KEPT HEARING OUR FIREFIGHTERS, OUR EMERGENCY RESPONDERS AND, UH, GOING OUT TO SAVE A LIFE BECAUSE THAT'S WHAT THEY'RE DOING.

AND SO I WANTED TO COMMEND EACH AND EVERY ONE OF THEM.

I HAD THE PLEASURE AND THE HONOR OF OF RIDING WITH OFFICER MITCHELL.

BUT THROUGHOUT THE DUTIES OF THAT EVENING, UH, OFFICER LUTZ KUHN, OFFICER FORBES AND MANY OTHERS, THEY ENCOUNTER SO MANY CHALLENGES. AND I WANT TO TAKE THIS OPPORTUNITY TO SAY THANK.

REALLY BLESSED THAT YOU'RE OUT THERE PROTECTING US WHILE WE'RE AT HOME SLEEPING AND PROTECTING OUR CHILDREN.

SO KUDOS TO PALM BAY FIRST RESPONDERS.

YOU GUYS DO AN OUTSTANDING JOB.

AND THAT CONCLUDES THAT WILL CONCLUDE MY REPORT, MADAM SHERMAN.

NOTHING, SIR. THANK YOU, MADAM SMITH.

NOTHING FURTHER.

AND I WILL SAY WELL PUBLIC COMMENTS.

[PUBLIC COMMENTS/RESPONSES]

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

I HAVE A COUPLE OF ITEMS TO ADDRESS.

FIRST ONE IS HAPPY NEW YEAR ONE AND ALL, AND I MEAN THIS WHOLEHEARTEDLY.

MAY IT BE HEALTHY, HAPPY, AND IF POSSIBLE, PROSPEROUS.

BUT IF WE CAN GET THE HEALTHY AND HAPPY IN THERE, THEN A LOT OF OTHER THINGS JUST SEEM TO FALL INTO PLACE.

ITEM NUMBER TWO THE COMPOUND.

I GAINED A LITTLE BIT OF KNOWLEDGE THAT I WAS NOT AWARE OF PREVIOUSLY, AND WHEN WE HAD WHAT? WHEN THE CITY WAS STARTED LOOKING AT WHAT WE CAN DO IN THE COMPOUND, AND I CAME ACROSS SOME STUFF CALLED A BREACH OF CONTRACT, AND I WASN'T SURE IF THE PERSON WAS TALKING ABOUT IT, AND THEY ACTUALLY SHOWED ME AN DOCUMENT.

AND SO I SAID THAT REINFORCED MY MY BELIEF IN WHAT WAS BEING SAID, BECAUSE I SAW IT IN CONTRACT, IN WRITING.

AND I SAID SO. AND THEY SAID THAT THEY TALKED TO THE CITY ATTORNEY.

AND I'M WONDERING IF THAT'S GOING TO HAVE ANY KIND OF IMPACT ON WHAT THE FUTURE PLANS ARE IN THE COMPOUND.

I DON'T NEED ANSWERS NOW.

I JUST WANT TO MAKE SURE, BECAUSE OF THE THINGS THAT WERE BROUGHT TO ME, WERE FEARFUL, AND I DON'T WANT TO SEE MY CITY FAIL.

SO IF SOMEDAY JUST TALK TO YOU, I'LL BE HAPPY TO DO THAT.

OKAY? BUT IT DID BRING A LITTLE BIT OF FEAR INTO INTO ME WHEN I HEARD THESE THINGS.

ALL RIGHT. ITEM NUMBER TWO.

OR THREE, I DON'T KNOW.

LOST TRACK WAS I THOUGHT THE THIRD FLOOR OF BUILDING E WAS GOING TO BE.

WELL, THAT WAS PART OF THE WHAT WE WERE ASKING FOR THE ARPA FUNDING FOR THE EOC FOR THE THIRD FLOOR.

I THOUGHT THAT'S WHAT WE WERE DOING, WHY THE EXPANSION WAS I COULD BE WRONG IN DESIGN, BUT THAT'S WHAT I THOUGHT IT WAS.

BUT, YOU KNOW, I WON'T BE THE FIRST TIME I'M WRONG.

AND OVER THE NEXT 20 YEARS, I'M COMING TO PICK ON YOU.

IT PROBABLY WON'T BE THE LAST.

RIGHT? ON THE LAST ONE.

WE ARE TALKING ABOUT THE TRANSPORTATION IMPACT FEES ALONG PALM BAY ROAD.

AND, UH, WHAT IS IT, EBRAHIM? WELL, WHAT IS THE OTHER ROAD THAT LIPSCOMB THE ONE? LIPSCOMB. LIPSCOMB.

AND I'M THINKING, WELL, LET'S SEE, WE'RE TRYING TO MAKE SURE THAT WE HAVE THE IMPACT FEES FOR THAT, UH, ZIP CODE.

RIGHT. AND THAT'S WHERE IT'S GOING TO BE PAID FOR.

BUT YET WE'RE TAKING IMPACT FEES, PARK IMPACT FEES FROM A DIFFERENT ZIP CODE AND USING IN ANOTHER AREA.

THAT'S WHAT'S HAPPENING IN THE PARKS AND RECREATION.

I'M SAYING, WELL, SO WHY ARE YOU EVEN WORRYING? WHY DO WE EVEN WORRY ABOUT WHAT ZIP CODES ARE AND WHERE THE IMPACT FEES COME FROM? LET'S JUST MAKE IT BLANK ITEM.

I DON'T WANT TO SEE THIS HAPPEN BECAUSE I'D PREFER THAT FUNDING SOURCE WAS STAYED WHERE IT WAS GENERATED, BUT IF WE'RE ALREADY USING IT AT WILLY NILLY, WHATEVER YOU FEEL IS NECESSARY, THEN TAKE THAT PART OUT OF IT.

[01:45:02]

UNLESS IT'S MANDATED AND YOU FIND REASONS TO NOT FOLLOW THE RULES AND REGULATIONS.

SO IF YOU'RE DOING THAT FROM TRANSPORTATION FEES, THEN WE SHOULD ALSO BE DOING THAT WITH PARKS AND RECREATION FEES.