Jul 02, 2019 Council Meetings - Regular

[Call to Order]

[00:00:02]

I'M GOING TO CALL OUR REGULAR COUNCIL MEETING TO ORDER. INVOCATION TODAY WILL BE LED BY COUNCILMAN SANTIAGO AND THE PLEDGE OF ALLEGIANCE BE DONE BY COUNCILMAN BAILEY. PLEASE RISE.  THANK YOU COUNCILMAN SANTIAGO. THANK YOU COUNCILMAN BAILEY. TERRI, ROLL CALL. MAYOR CAPOTE. HERE. DEPUTY MAYOR ANDERSON. HERE COUNCILMAN SANTIAGO. HERE. COUNCILMAN BAILEY. HERE. COUNCILMAN JOHNSON. HERE. MRS. MORRELL. HERE. MS [INAUDIBLE]. PRESENT. OK ANNOUNCEMENTS? YES SIR MR. MAYOR THERE ARE THREE VACANCIES ON

[Announcements]

THANK YOU DEPUTY MAYOR. AGENDA REVISIONS LISA? NO MAYOR, THANK YOU.

[Agenda Revisions & Consent Agenda]

[Presentation]

[00:05:03]

IT'S A HUGE BENEFIT FOR OUR MEMBERS. IN THE LAST FIVE MONTHS OUR CHAMBER CHAT WEBINARS HAVE REACHED OVER FOURTEEN HUNDRED VIEWS REACHING THIRTY ONE HUNDRED PEOPLE. THE THING WITH THE CHAMBER CHAT. WE USED TO HAVE MONTHLY TRAININGS AT THE CHAMBER AND WE WOULD GET ANYWHERE FROM FIVE TO TWENTY FIVE, THIRTY FIVE PEOPLE AT IT BUT YOU CAN SEE BY THIS CHAMBER CHAT WHICH IS ONLINE REACHING OUT TO 3100 PEOPLE IS UNBELIEVABLE. I MEAN IT'S REALLY GREATER THAN WHAT WE EVER EXPECTED TO BE ABLE TO REACH PEOPLE AND WE DO DIFFERENT TOPICS EVERY MONTH WHETHER IT'S HOW TO NETWORK, FINANCING, WE HAD BEST HIRING PRACTICES THIS PAST MONTH. SO IT'S IMPORTANT INFORMATION FOR OUR MEMBERS TO KNOW AND THEY CAN JOIN AND THEY CAN BE IN THEIR PAJAMAS IF THEY WANT TO WATCH IT. THEY CAN JOIN US AS WE LIVE STREAM AND WE CAN CHAT WITH THEM. BUT IT'S IT'S KIND OF NICE AND I THINK A LOT OF PEOPLE ARE [INAUDIBLE] DRIVING TO MEETINGS AND THAT ALL THE TIME ISN'T THE WAY TO GO WE'RE TRYING TO CHANGE UP AND MEET OUR MEMBERS NEEDS OUR FACEBOOK POSTS HAVE REACHED OVER 13000 PEOPLE IN JUST THE LAST 28 DAYS DUE TO THE AMOUNT OF TIME WE HAVE SPENT ON CHAMBER PROGRAMS FOCUSING ON OUR MISSION AND VISION AND PROVIDING QUALITY EVENTS FOR OUR PARTNERS. WE'VE EXPERIENCED A 58 PERCENT INCREASE IN OUR TRUSTEE DOLLARS 

[00:10:04]

AND FOR THOSE THAT DO ONLY 29 PERCENT WERE STILL OPERATING AFTER TWO YEARS. THAT'S A PRETTY SCARY STATISTIC. SO WE HAVE A KEYNOTE SPEAKER MARTIN DUFFY PROVIDING A STRUCTURAL APPROACH TO RESPOND TO UNPLANNED INCIDENCES. HE WILL BE FOLLOWED BY TWO PANEL DISCUSSIONS. THE FIRST PANEL WILL DEAL WITH PREPARATION SO DISCUSSING INSURANCE CYBER ATTACK AND HACKER ACTIVITY POWER DISRUPTION AND ACTIVE SHOOTERS. THE SECOND PANEL WILL DEAL WITH THE RECOVERY SO THEY'LL BE DISCUSSING EMERGENCY MANAGEMENT OPERATIONS INSURANCE ADJUSTING AND SBA LOANS WHICH ARE REALLY IMPORTANT AFTER YOU HAVE A DISASTER HIT YOUR BUSINESS IT'S FREE FOR ANYONE TO ATTEND BUT THEY MUST REGISTER AHEAD OF TIME TO GET A PARKING PASS FOR EASTERN FLORIDA STATE COLLEGE. WE ARE ALSO LOOKING TO REACH ENTREPRENEURS BEFORE THEY APPLY FOR BUSINESS LICENSE. WE CONNECT THEM TO FREE AND LOW COST SERVICES SO THAT THEY CONSIDER THINGS SUCH AS WHAT TYPE OF COMPANY TO SETUP WHETHER IT'S AN LLC A C CORP, S CORP, ETC.. COMING UP WITH A BUSINESS PLAN OR MARKETING PLAN AND SERIOUSLY LOOKING AT CASH FLOW WHICH IS OFTEN THEY HAVE THE MONEY TO START A BUSINESS AND DON'T THINK ABOUT THE CASH FLOW NEEDS THAT THEY WILL HAVE TO HAVE UNTIL THEIR BUSINESS REALLY TAKES OFF. ACCORDING TO BLOOMBERG 8 OUT OF 10 ENTREPRENEURS WHO START BUSINESSES FAIL IN THE FIRST 18 MONTHS. WE WANT TO REDUCE THAT FIGURE AND PROVIDE A GOOD FOUNDATION BEFORE BUSINESSES EVEN OPEN THEIR DOORS.

SO WE ARE LOOKING FOR THEM TO REACH OUT TO THE CHAMBER SO THAT WE CAN HOOK THEM UP TO THESE FREE AND VERY LOW COST SERVICES. THEY DO NOT HAVE TO BE A CHAMBER MEMBER IN ORDER FOR US TO DO THEM. I WANTED TO INVITE YOU TO A FEW OF THE UPCOMING EVENTS THAT WE HAVE ON JULY 10TH. WE HAVE A LUNCHEON WITH TIMOTHY GAGNON. HE IS THE KENNEDY SPACE CENTER ARTIST WHO DESIGNS NASA MISSIONS AND COMMEMORATIVE PATCHES KIND OF APPROPRIATE FOR THE APOLLO 11 CELEBRATIONS THIS MONTH. SO HE'LL BE VERY FASCINATING. WE ALSO HAVE AN AFTER HOURS BUSINESS PROVIDE BUSINESS CONNECTION A [INAUDIBLE] BOARD. SO IF YOU WANT SOME ACTIVITY AND TO BE ABLE TO BRING YOUR WHOLE FAMILY OUT WE'RE GOING TO BE PADDLE BOARDING OR KAYAKING AND THEN FOLLOW UP WITH S'MORES AND HOTDOGS. SO IF YOU JUST WANT TO COME FOR THAT PART THAT'S OKAY TOO. OUR AUGUST 7TH LUNCHEON WILL BE OUR CELEBRATION. WE IT'S OUR 30TH ANNIVERSARY THIS YEAR AND SO WE'RE GOING TO HAVE COMMEMORATIVE CAKE A SILENT AUCTION NETWORKING AND A VERY INNOVATIVE LUNCHEON. WE ARE CHANGING AT THIS POINT IN AUGUST TO PROMISE OF BREVARD. WE HAVE HAD OUR LUNCHEON FOR I COULD NOT TELL YOU HOW MANY YEARS LIFE CARE CENTER BUT THIS WILL BE THE MONTH THAT WE CHANGE TO PROMISE AND YOU CAN SEE OUR WEBSITE FOR ALL THE UPCOMING EVENTS AND WHEN YOU HAVE INSOMNIA AND HAVE NOTHING ELSE TO READ I HOPE YOU HAVE A LOOK AT THAT PACKET. AND IF YOU HAVE ANY QUESTIONS PLEASE LET ME KNOW. ANY QUESTIONS FOR NANCY PELTONEN. WELL I HAVE A QUESTION BUT I HAVE JUST A QUICK COMMENT. I JUST WANTED TO COMMEND YOU FOR REALLY DOING A GREAT JOB AT THE CHAMBER AND REALLY DOING A GREAT JOB WITH AS FAR AS YOU KNOW TRACKING ALL THE COMMUNICATION. YOU KNOW I ALWAYS BELIEVE WHENEVER YOU CAN MEASURE ESSENTIALLY BECOME VERY SUCCESSFUL. RIGHT.

AND YOU'RE SHOWING THAT. THANK YOU. WHY DO YOU THINK YOU'VE BEEN SEEING THIS INCREASE THIS DRAMATIC INCREASE IN  CHATTING GOING ON AND MORE AND MORE AND

[00:15:03]

THAT'S SAYING SOMETHING AND I REALLY APPRECIATE YOUR PARTNERSHIP WITH US. YOU KNOW WE ARE A SIZABLE INVESTOR. ABSOLUTELY. IN THE CHAMBER A PLATINUM PARTNER WITH YOU GUYS.  SO YOU'RE REALLY SHOWING RESULTS. SO THANK YOU AGAIN. AND THANK YOU FOR THE LETTER YOU SEND OUT TO ALL THE NEW BUSINESSES. YOU KNOW I THINK THAT'S VERY NICE IT'S PERSONABLE I DON'T KNOW IF ALL THE OTHER CITIES DO THAT AND YOU KNOW THAT SHOWS YOUR COMMITMENT TO THE COMMUNITY AND BUSINESSES HERE IN OUR CITY. SO THANK YOU FOR DOING THAT AND LETTING US PUT OUR CARD IN THERE APPRECIATE IT. THANK YOU NANCY.

THANK YOU. NOW MOVING ON TO PUBLIC COMMENTS. ANN MARIE BURROWS. HI ANN MARIE 

[Public Comments/Responses]

[00:20:02]

THE SUPERVISOR OF ELECTION HAD TO PAY TWELVE THOUSAND DOLLARS. THAT'S OUT OF MY TAX DOLLARS MONEY FOR A LEGAL FEE THAT WAS BROUGHT BY THE CITY COUNCIL OF PALM BAY AND THE CITY OF PALM BAY HAS TO PAY FOR A SPECIAL ELECTION COME NOVEMBER.

THAT'S IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS MY LAST ESTIMATE OR WHAT I HEARD.

WHO KNOWS IT COULD BE EVEN MORE AND I STILL DON'T KNOW WHAT THE CITY HAD TO PAY FOR THEIR OUTSIDE LEGAL FEES TO BRING LAWSUIT AGAINST SUPERVISOR OF ELECTIONS. ALL RIGHT. ONE MORE TIME. YOU SHOULD HAVE LISTENED TO ME IN 2016 AND YOU WOULD NOT HAVE BEEN HERE NOW. RIGHT. THAT BEING SAID FOR THOSE THAT ARE CURIOUS ABOUT HEARING ANOTHER SIDE OF THE STORY INSTEAD OF WHAT JUST COMES OUT HERE. IF YOU MAYBE LISTEN TO BILL [INAUDIBLE] HE HAS A 10 MINUTE INTERVIEW WITH WITH LORI SCOTT ON HIS JULY FIRST RADIO STATION SO IT'S A 10 MINUTE PRESENTATION DOESN'T TAKE TOO MUCH OUT OF YOUR TIME. IT'S A LOT MORE THAN I GET MY THREE MINUTES. ITEM NUMBER THREE EMERALD LAKES AND THE ST. JOHN'S HERITAGE PARKWAY. I'M REFERRING BACK TO REGULAR COUNCIL MEETING 2014 11. MY ASK WAS WILL THE CITY BUILD THE ROAD AND THE COST OF THAT ROAD AND THE CITY MANAGER AT THAT TIME SUE HAHN SAID THE DEVELOPER WILL BUILD THE ROAD AND THEY WILL GET AN IMPACT CREDIT. WELL NOW WITH GOVERNOR DESANTIS LAST IMPACT FEE HAVING TO STAY WITHIN THE IMMEDIATE AFFECTED AREA I'VE BEEN TOLD FOR YEAR AFTER YEAR AFTER YEAR THESE IMPACT FEES FROM ALL THESE DEVELOPERS IS WHAT'S GOING TO BENEFIT YOU IN THE FUTURE BILL. WELL  NOW I'VE BEEN TOLD THAT THE IMPACT FEES HAVE TO STAY IN THEIR IMMEDIATE AREA. SO I JUST DID A QUICK CALCULATION ON PARKS AND RECS FOR EMERALD LAKES. THAT'S OVER 3 MILLION DOLLARS THEY'RE GOING TO GET THAT STAYS IN THAT AREA AND I'M GOING TO GET DIDDLY FOR MY PARKS. WHO KNOWS WHAT I'LL GET BECAUSE I HAVE A HUNDRED FORTY FOUR HOMES COMING IN. WE'LL SEE. BUT MY REQUEST IS CAN SOME OF THAT MONEY THAT I WAS ORIGINALLY PAYING FOR THE ROAD BOND THAT 9 MILLION UP TO ELEVEN MILLION DOLLARS IS SOME OF THAT COULD BE PUT BACK INTO THE TAKEN OUT AND USED SOME OTHER WAY OR REDISTRIBUTED BACK TO THE CITY. AS IT STANDS RIGHT NOW AFTER LAST COUPLE OF CALCULATIONS THAT I'VE BEEN RUNNING THROUGH BECAUSE I'VE BEEN GOING THROUGH LOTS OF DOCUMENTS LATELY. LAND DEVELOPERS HAVE RECEIVED MILLIONS AND MILLIONS FROM THE CITY AND WE HAVE THE RESIDENTS HAVE RECEIVED PENNIES IN COMPARISON. THANK YOU VERY MUCH. THANK YOU BILL. JOHN CROWLEY. COUNCILMEN, MY NAME'S JOHN CROWLEY 442 [INAUDIBLE]   STREET PALM BAY FLORIDA SOUTHWEST. I LIKE TO ADDRESS [IANUDIBLE] THOMAS IS GOING TO

[00:25:01]

OR DO I HAVE TO DRIVE 30 OR 40 MILES DOWN THERE THROUGH TRAFFIC I'M GOING TO BE A BASKET CASE WHEN I COME BACK AND WHAT ARE YOU CALL IT, LET'S SEE. I'M SORRY I'M NOT. I'M NOT GOOD AT THIS. THAT'S OK. YOU CAN COME UP HERE. [INAUDIBLE]. SHE'S THERE FOR MORAL SUPPORT. YEAH I KNOW.. WHAT DID YOU. ONE THING. OH, THE GOPHER TORTOISES ARE

[00:30:07]

THANK YOU. NEXT. TOM REDMOND. TOM REDMOND 1867 SHANNON STREET NW PALM BAY. SO I THINK EVERYBODY KNOWS THAT I'M LASER FOCUSED ON ONLY ONE ISSUE AND I ONLY CARE ABOUT ONE ISSUE SO OBVIOUSLY THAT'S THE REASON I'M HERE TONIGHT. AND I GUESS WHAT I WANT TO ASK IS IS ALL OF THE THINGS THAT WE HAD PREVIOUSLY DISCUSSED IN WORKSHOPS THAT HAVE FALLEN BY THE WAYSIDE. I'M  WONDERING WHAT'S HAPPENING. SO LET ME GIVE YOU SOME EXAMPLES. I HAD MET WITH MR. IAN GOLDEN AT THE COUNTY ABOUT US HAVING A HOMELESS STAND DOWN HERE AND I DON'T KNOW WHAT HAPPENED WITH THAT. I THINK WE STILL NEED TO FOLLOW UP ON THAT. I THINK IT'S VERY IMPORTANT THAT WE ASSIST OUR RESIDENTS IN THAT WAY IT DOESN'T COST US ANY MONEY AND I'D LIKE TO FOLLOW UP ON HAVING THAT HOMELESS STAND DOWN. SECOND, WE HAD TALKED ABOUT HAVING A REFERRAL CENTER THAT WAS MANNED BY VOLUNTEERS HERE IN THE COMMUNITY. NOW REGARDLESS OF WHAT PEOPLE THINK I'M ONLY CONCERNED WITH OUR RESIDENTS GETTING SERVICES. I'M NOT CONCERNED WITH TRYING TO FIGURE OUT WHY IT'S WRONG. I DON'T KNOW EVERYTHING. I'M NOT THE EXPERT ON EVERYTHING IN ANY WAY SHAPE OR FORM BUT I WILL SAY THIS LITERALLY MY PHONE RINGS EVERY DAY ASKING ME WHERE A FOOD PANTRY IS LITERALLY EVERY WEEK. I GET FIVE OR SIX PEOPLE THAT HEAR ABOUT ME WORD OF MOUTH THAT CAN'T GET SERVICE. I GO TO THE HOMELESS CAMPS AND THOSE FOLKS ARE NOT BEING SERVICED. MOST IMPORTANTLY PEOPLE DON'T KNOW WHERE TO GO FOR HELP AND I DON'T CARE WHY IT'S BROKEN BUT OUR SERVICE REFERRAL SYSTEM IS BROKEN. IF YOU GO RIGHT NOW ONTO 211 AND I'VE SENT ALL THIS TO YOU GUYS THERE'S ONE FOOD PANTRY WITH A P.O. BOX AND THAT IS THE CHURCH THAT'S RIGHT HERE ON MALABAR DOESN'T EVEN LIST THEIR PHYSICAL ADDRESS.

WE HAVE MANY FOOD PANTRIES PEOPLE DON'T KNOW WHERE TO GO GET SERVICES AND WE'VE LOST TOUCH WITH ALL OF OUR GOALS WHICH WAS TO HAVE A REFERRAL CENTER SO OUR PEOPLE  KNEW HOW TO REACH OUT TO EXISTING SERVICES. I'D LIKE TO KNOW WHY THAT WENT AWAY. WE NEED A PLAN TO SCAFFOLD WHAT'S HAPPENING. YOU KNOW PEOPLE CAN SAY THAT WE HAVE THIS GROUP OF PROVIDERS THAT ARE OUT THERE AND THIS IS THEIR RESPONSIBILITY AND THEY'RE DOING IT. BUT I WOULDN'T BE STANDING HERE IF THEY'RE DOING IT. AND SO I GUESS WHAT I'M SAYING IS IF WE DON'T HAVE A PLAN WE'RE NOT GOING TO GO ANYWHERE. WE ESTABLISHED A COLD NIGHT SHELTER WE'VE ESTABLISHED A FEEDING PROGRAM THAT WAS ALL DONE. AND SINCE THEN WE HAVEN'T MADE ANY PROGRESS. AND WITHOUT THIS RESOURCE GUIDE TELLING CITIZENS WHAT WE NEED AND WITHOUT MOVING FORWARD ON GETTING A NONPROFIT LURED DOWN HERE WHICH WAS THE WHOLE IDEA OF HAVING A SERVICE CENTER WAS TO BE A TEMPORARY SPOT UNTIL WE LURED A NONPROFIT TO PROVIDE   SERVICES IN OUR COMMUNITY. THAT'S ALL GONE AWAY. WE WERE TALKING ABOUT EXPANDING THE COLD NIGHT SHELTER. I APOLOGIZE, I'LL BE DONE IN  ONE SECOND. WE TALKED ABOUT EXPANDING THE COLD NIGHT SHELTER AND GETTING TRANSPORTATION FOR PEOPLE TO BE ABLE TO GO THERE. THAT'S GONE OUT OF THE WAY. AND SO I GUESS MY POINT IS I'D LIKE SOME SPECIFIC FOLLOW UP ON WHAT ALL THE THINGS THAT WE DISCUSSED BECAUSE NONE OF

[00:35:04]

IF YOUR CITY ATTORNEY THE OTHER PEOPLE THAT WERE WORKING ON THIS PETITION AT THE TIME HAD MADE ONE PHONE CALL. EXCUSE ME. THE SUPERVISOR OF ELECTIONS OFFICE. THEY WOULD HAVE FOUND OUT WHAT THEY NEEDED. WE COULD AVOID ALL THIS. ONE PHONE CALL. AND I THINK HAD A GENUINE GOOD FAITH EFFORT BEEN MADE BY THE PEOPLE INVOLVED IN THIS ON THE CITY SIDE TO SEE THAT THIS WAS DONE PROPERLY NOT TO OBSTRUCT US WE WOULDN'T BE HERE AT ALL AT ALL. AND I THINK ANYBODY WHO'S UPSET ABOUT THE MONEY THAT'S BEEN SPENT AND HAS TO BE SPENT NOW FOR THE SPECIAL ELECTION SHOULD LISTEN TO BILL [INAUDIBLE] THAT [INAUDIBLE] INTERVIEW WITH LORI SCOTT MAKE HIM A BETTER IDEA OF WHAT'S REALLY GOING ON HERE NEXT. I WANT TO SAY I'M DISAPPOINTED TO NOT SEE THE RESOLUTION FOR THE SPECIAL ELECTION TONIGHT. YOU GUYS ABOUT TWO WEEKS AND I UNDERSTAND YOU'RE GROUPING IT WITH THE CHANGE IN THE CHARTER LANGUAGE TO ADDRESS FUTURE PETITION ISSUES AND I DON'T THINK THAT'S I DON'T THINK THAT'S THE RIGHT THING TO DO. I THINK THE PEOPLE WHO SPEND ALL THOSE HOURS OUT THERE COLLECTING SIGNATURES DESERVE A CLEAR VICTORY A CLEAR VICTORY. THEY DO EVERYTHING PROPERLY. THEY SPENT THE TIME OUT THERE THEY GOT THE SIGNATURES AND THE CITY IS TRYING TO SAY THEY DID NOTHING WRONG. REMEMBER GUYS ONE PHONE CALL COULD HAVE RESOLVED THIS. ONE PHONE CALL THE SUPERVISOR OF  ELECTION. SO I THINK THEY DESERVE A VERY CLEAR VICTORY. I THINK IT SHOULD HAVE BEEN DONE  TONIGHT. YOU'VE HAD TWO WEEKS TO PUT IT TOGETHER.  I'M DISAPPOINTED IN THAT. THE SECOND PART OF THAT THAT REALLY UPSETS ME IS PUTTING THAT WITH A CHANGE OF THE CHARTER LANGUAGE.

SUPPOSE THE MAJORITY OF YOU DON'T AGREE WITH HOW THE NEW LANGUAGE WRITTEN. WELL THEN THE RESOLUTION GETS VOTED DOWN. IT GOES BACK HAVING IT LUMPED WITH THAT MAKES IT TOO EASY TO KEEP DRAGGING THIS OUT. IT NEEDS TO BE SEPARATE GUYS NEED TO BE CLEAR. THE PETITION THIS SPECIAL ASSESSMENT  LANGUAGE NEEDS TO BE VOTED ON PUT BACK ON I THOUGHT THAT WAS GOING TO BE DONE TONIGHT. I'M REALLY DISAPPOINTED TO SEE TWO WEEKS YOU GUYS COULDN'T GET THAT OUT HERE. THANK YOU RANDY. SO THAT WAS IT. OKAY MOVING IN. OH WAIT HOLD ON.

ANYTHING TO ADDRESS? BEEN IN OUR FOREFRONT OF OUR EMAIL FOR A COUPLE OF WEEKS HERE. SO CHIEF AND I HAVE SPOKE ABOUT THAT ORDINANCE AND AMENDING AT THE ORDINANCE FOR THE FOWL THAT ARE IN THE CITY OF PALM BAY WAS ADOPTED IN 1959 RATIFIED 1974 SO IT NEEDS A LITTLE BIT OF LOOK AT BECAUSE IT ACTUALLY HAS THE DESTRUCTION OF BIRDS AFTER WE YOU KNOW OR TO ORGANIZE A THREE DAY MEETING OF THE EXPERTS. BUT I DON'T THINK THAT'S THE ROUTE WE WANT TO GO EITHER SO I DO KNOW THE INDIVIDUAL THAT  WE'VE HAD THOSE THE [INAUDIBLE]  RESOURCE OFFICER OUT THERE SPEAKING WITH RESIDENTS YOURSELVES MAYBE INCLUDED ALONG WITH THE PERSON IS TRAPPING BIRDS ON THEIR PROPERTY AND HAVING THOSE RELOCATED TO A SANCTUARY. I DON'T THINK HE'LL TRAP ALL THE BIRDS AND I THINK THAT'S OUR HOPE. BECAUSE WE WANT TO GET A BALANCE OUT THERE BECAUSE THERE ARE THE FOLKS THAT DO LIKE THAT AMENITY TO YOUR NEIGHBORHOOD AND WE HAVE A FEW PEOPLE THAT DON'T LIKE THEM ON THE ROOFS PECKING AWAY AT THEIR STUFF.

SO THERE'S A 50 50 BALANCE THAT WE'RE GOING TO TRY TO WORK OUT. THE GOPHER  TORTOISES ON THE EIGHT LOTS INTRIGUED ME BECAUSE THEY ARE PROTECTED. WE HAD TO SPEND SOME MONEY ON SOME MITIGATION TO RELOCATE GOPHER TORTOISES ON SEVERAL CITY PROJECTS. SO I WILL. WE CAN'T GO BACK AND FORTH. THANK YOU MAYOR. BUT  I'M GONNA WE'RE GONNA FOLLOW UP ON THAT ITEM AS WELL LIKE THE HOMEBUILDER AND SEE WHAT HAPPENED IF THERE'S ACTUALLY ANY MITIGATION THAT HAPPEN THERE AS WELL. I LIKE TO GET MY WORKSHOP MY MY HOMELESS WORKSHOP I GAVE AT LAST MEETING OF THE ADMINISTRATOR REPORT SO THERE WAS SOME MOVEMENT THERE. IT'S NOT NECESSARILY WHAT TOM WAS REFERRING TO AS FAR AS THE FACILITY BECAUSE THAT'S INSURANCE AND OVERHEAD THAT WE HAVEN'T REALLY SIGNIFICANTLY BEEN ABLE TO VET OUT IT THROUGH OUR BUDGET BUT WE ARE MAKING SOME PROGRESS THERE WITH THE ITEMS THAT COUNCIL GAVE CITY MANAGER DIRECTION TO GO AHEAD AND WORK. THE LAST ITEM. DOES THE ATTORNEY WANT TO COMMENT ON THE PETITION. JUST BRIEFLY. IT'S MY UNDERSTANDING THAT CITY ATTORNEY HANDLED THAT LITIGATION IN-HOUSE. MAYOR IF I MAY. YES. I DID HAVE A QUICK QUESTION I WANT TO GET CLARIFICATION. I KNOW THAT OUR CITY CLERK WHO'S NOT WITH US TONIGHT BUT

[00:40:01]

EXACTLY. I WANT DETAILS ON THE PREPAID IMPACT FEES THAT WERE PAID BY THE DEVELOPER AND HOW THEY WERE APPLIED TOWARDS ANY OF THE PROJECT. AND  YOU CAN FOLLOW UP ON THAT LATER. IF YOU CAN JUST GET HIM THE INFORMATION. YEAH I COULD DO THAT. THAT'S JUST THAT'S A I CAN'T RECALL ALL THOSE THREE DEVELOPERS [INAUDIBLE] RIGHT. AND WHAT WAS THE NUMBERS ON THOSE. I WILL GET THOSE FOR YOU THOUGH BILL. THANK YOU. MAYOR. JUST TO CLARIFY ON THE ELECTION ON THE SPECIAL ELECTION THE RESOLUTION THAT'S COMING FORWARD IS JUST A CALL FOR A SPECIAL ELECTION. THAT'S WHAT THE RESOLUTION WILL BE. WITH THAT WE'RE GOING TO MOVE INTO PUBLIC HEARING. NUMBER ONE JENNIFER

[Public Hearings]

[00:45:04]

A MOTION TO APPROVE ORDINANCE 2019-36 ONE READING. SECOND. SECONDED BY COUNCILMAN SANTIAGO. ANY FURTHER DISCUSSION COUNCIL. IF NOT I'M GOING TO  CALL IT. YES. MAYOR I JUST WANT TO MAKE SURE THAT THE SUBJECT STAFF COMMENTS IS INCLUDED IN THE MOTION. EDIT COUNCILMAN JOHNSON. WITH STAFF COMMENTS INCLUDED. SECOND. THERE WE GO.

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. JENNIFER. THANK YOU MAYOR. WHEN I READ THE TITLE AND THEN MAKE THE ANNOUNCEMENT REGARDING THE QUASI JUDICIAL. CORRECT.

ORDINANCE 2019-37 AN ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA AMENDING THE ZONING ORDINANCE OF CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM RS-3 SINGLE FAMILY RESIDENTIAL DISTRICT TO RM-20 MULTIPLE FAMILY RESIDENTIAL DISTRICT WHICH PROPERTY IS LOCATED NORTH OF AN ADJACENT TO GRAND AVENUE IN THE VICINITY OF DIXIE HIGHWAY AND VICTOR COURT AND LEGALLY DESCRIBED HEREIN PROVIDING FOR A CHANGE OF THE ZONING MAP PROVIDING FOR AN EFFECTIVE DATE. THIS MATTER IS A QUASI JUDICIAL HEARING IT WILL BE HELD IN THE FOLLOWING MANNER. ANY ONE WHO WISHES TO TESTIFY ON THIS MATTER MUST SIGN A SPEAKER CARD CONTAINING A SWORN OATH TO TELL THE TRUTH. ANY SPEAKER WOULD BE SUBJECT TO CROSS-EXAMINATION BY THE COUNCIL OR ANY OTHER INTERESTED PARTY. ATTORNEYS APPEARING ON BEHALF OF A PARTY NEED NOT BE SWORN IN AS THEY ARE NOT CONSIDERED WITNESSES. ANY INDIVIDUAL ADDRESSING  COUNCIL MUST STATE HIS OR HER NAME AND ADDRESS AND CONFIRM THAT A SPEAKER CARD HAS BEEN SIGNED. ALL COUNCIL MEMBERS MUST DISCLOSE ANY EX PARTE COMMUNICATIONS BY DISCLOSING THE SUBJECT MATTER AND WHO THEY HAD THAT COMMUNICATION WITH. THE ORDER OF THIS PROCEEDING WILL BE AS FOLLOWS FIRST THE APPLICANT FOLLOWED BY STAFF COMMENTS. ANY INTERESTED QUALIFIED PARTY AND OTHER PERSONS WITH SUBSTANTIAL COMPETENT EVIDENCE THE APPLICANT WILL THEN BE ALLOWED CONCLUDING REMARKS TO CLOSE THE HEARING. NO ADDITIONAL TESTIMONY ARGUMENT WILL BE ALLOWED AT THAT POINT AND THEN THE COUNCIL WILL DELIBERATE. AND THE DELIBERATION THE COUNCIL MEMBER WILL MAKE A MOTION TO BRING THE MATTER TO A VOTE. EVERY COUNCIL MEMBERS THEN FREE TO VOTE IN FAVOR OR AGAINST THE MOTION TO APPROVE THE APPLICATION OR DENY IT. THANK YOU MAYOR. OKAY. THANK YOU JENNIFER. SORRY. THAT WOULD BE ALSO APPLICABLE TO ITEM NUMBER 5 AS WELL. OKAY PERFECT. AT THIS TIME I'M GOING TO OPEN THE PUBLIC HEARING AND ASK THE APPLICANT TO COME BACK AGAIN. ONCE AGAIN, I WANT TO  THANK EVERYONE FOR THE HELP INCLUDING GROWTH MANAGEMENT THE CITY OF PALM BAY. AGAIN  FOR 14 YEARS FROM DAVE WATKINS TO ALL THE REST OF THE CITY COUNCIL MEMBERS I'VE BEEN HERE FOR THE LAST 14 YEARS. SINCE THEN I'VE HAD TWO CHILDREN GRADUATE FROM FLORIDA STATE UNIVERSITY. I'VE HAD ONE CHILD GRADUATE FROM FLORIDA GULF COAST AND I HAVE FOUR GRANDCHILDREN AND I'M LOOKING FORWARD TO DOING THE SECOND PHASE SO WE COULD CONTINUE TO HAVE THE QUOTE RED HEADED STEPCHILD OF BEVARD COUNTY BEING ON THE BAYFRONT REDEVELOPMENT DISTRICT TO BE THE PINNACLE OF THE WHOLE BAYFRONT AND HAVE PEOPLE COME DOWN TO THE CITY OF PALM BAY AND REALIZE THAT THE WATER IS BEAUTIFUL.

PALM BAY SHOULDN'T BE TAKEN FOR GRANTED. THAT'S A GREAT CITY AND I HOPE THAT PEOPLE DO COME DOWN MALABAR ROAD AND MAKE A LEFT AND SEE OUR SHINING BUILDING THAT'S SITTING ON THE WATER DOWN THERE. I ALWAYS WELCOME TO COME DOWN. IT'S A GREAT SPOT AND WE'RE REALLY HELPING THE CITIZENS OF PALM BAY HAVE A LOT OF MEMORY CARE PEOPLE IN THERE. WE HAD FROM ONE FLOOR OF MEMORY CARE. NOW WE HAVE THREE FLOORS OF MEMORY CARE AND THE DEMAND FOR MEMORY CARE AND ALZHEIMER'S IS REALLY REALLY PREVALENT IN THIS AREA AND WE'RE HERE TO BASICALLY SERVICE THE  COMMUNITY. I APPRECIATE IT. THANK YOU.  MAY I ASK A QUICK QUESTION? I'M JUST CURIOUS APPROXIMATE HOW MUCH INVESTMENT HAVE YOU ALREADY PUT IN TO PHASE 1. WHAT'S BUILT AND IN PHASE 2 JUST. CURRENTLY WE HAVE 42 MILLION DOLLARS INVESTED IN THE FIRST PHASE AND WE'RE LOOKING TO RAISE WE'RE REFINANCING THE FIRST PHASE AND WE'RE LOOKING TO RAISE ADDITIONAL TWENTY FIVE MILLION DOLLARS FOR THE SECOND PHASE. SO WE HAVE BASICALLY. LOOKING TO INVEST 70 MILLION DOLLARS IN THE CITY. THANK YOU. THANK YOU. THANK YOU. ANYTHING ANYBODY IN

[00:50:05]

ORDINANCE NUMBER 2019-38 ORDINANCE  OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA.  VACATING AND ABANDONING A PORTION OF THE SIDE 5 FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN LOT 59 FAIRWAY ISLES AT BAYSIDE LAKES. PHASE 2 ACCORDING TO THE PLATT THERE IT WAS RECORDED IN PLAT BOOK  7 PAGE SEVENTY FIVE OF THE PUBLIC RECORDS OF BREVARD COUNTY FLORIDA AND LEGALLY DESCRIBED HEREIN PROVIDING FOR AN EFFECTIVE DATE. THANK YOU JENNIFER. AT THIS TIME I'M GONNA OPEN THE PUBLIC HEARING AND ASK GERALDINE TRIST TO COME UP.

OH OKAY. HI MY NAME IS TOM TRIST. I'M REPRESENTING MY MOTHER GERALDINE TRIST. SHE IS LOOKING TO VACATE THAT SMALL AMOUNT TO INSTALL A HOUSE GENERATOR TO SUPPORT MEDICAL EQUIPMENT. OH OKAY. ALL RIGHT THANK YOU. YOU'RE WELCOME. IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO  SPEAK FOR OR AGAINST THE ITEM. BILL BATTIN 586 OCEAN SPRAY STREET SW. PRIVATE RESIDENCE I'D DO ANYTHING YOU WANT ON IT THAT'S MY STANDARD. I'M JUST CURIOUS SINCE IT IS IN BAYSIDE LAKES AND IT'S A PLANNED UNIT DEVELOPMENT AND I HAD TO STAY WHILE THEY'RE TAKING CARE OF THEIR OWN. HOW DOES THE PUD ORDINANCE WRITE FOR THEMSELVES AND THEN HOW DOES THE HOA HAVE TO SAY ON IT IF THE INDIVIDUAL RESPONDING OR DOES IT  HAVE TO GO THROUGH THE HOA ALSO IS JUST STRICTLY 100 PERCENT CURIOSITY QUESTION. I WANT THEM TO HAVE THEIR GENERATOR I WANT THEM TO BE COMFORTABLE WHEN THE POWER GOES OUT AND THEN EVEN THOUGH THEY DO HAVE UNDERGROUND THERE. WE'LL SEE WHERE IT GOES FROM THE LAST ONE. I'M JUST CURIOUS HOW IT IMPACTS SINCE IT IS A PUD HOW IT IMPACTS ON HAVING TO COME TO THE CITY.

IS THERE ANYBODY ELSE IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM. I'M GONNA TURN IT OVER TO YOU LISA. YEAH I'M NOT ACTUALLY SURE HOW IT WORKS FOR THE APPLICANT GOING BACK WITH THEIR PUD BUT I THE STAFF RECOMMENDS THE APPROVAL OF VACATING  THE EASEMENT AND FROM THAT PROCESS ON IT'S UP TO THE APPLICANT WITH THEIR PUD HOA.

WITH THAT I'M GOING TO CLOSE THE PUBLIC HEARING AND ASK COUNCIL FOR A MOTION. MAKE A MOTION TO APPROVE ORDINANCE 2019-38  FOR A FIRST READING. SECOND. OK.

COUNCILMAN SANTIAGO ON THE SECOND. ANY FURTHER DISCUSSION COUNCIL? IF NOT I'M GOING TO CALL IT ALL IN FAVOR SAY AYE. AYE. ALL OPPOSE SAY NAY. MOTION CARRIES UNANIMOUS.

GOOD LUCK. ITEM NUMBER FOUR JENNIFER. ORDINANCE NUMBER 2019-39 AN ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA VACATING AND ABANDONING A PORTION OF THE REAR TEN FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN LOT SEVEN BLOCK 2115 PORT MALABAR UNIT 21 ACCORDING TO THE PLAT THEREOF IS RECORDED IN PL\AT BOOK 24 PAGE TEN OF THE PUBLIC RECORDS OF BREVARD COUNTY FLORIDA AND LEGALLY DESCRIBED HEREIN PROVIDING FOR AN EFFECTIVE DATE. THANK YOU JENNIFER. AT THIS TIME I'M GOING TO OPEN THE PUBLIC HEARING.

AND AS MICHAEL ROULEAU. GOOD EVENING. MY NAME IS MIKE ROULEAU AND I LIVE AT 1299 BEDROCK AND I AM REQUESTING A VACATE OF THREE FEET OF MY REAR 10 FOOT EASEMENT FOR A SOLAR CARPORT. THANK YOU. THANK YOU. IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK FOR AGAINST THIS ITEM? MY NAME IS TINA. MY NAME IS TINA COOPER AND I LIVE AT 1282 BLUFF AVENUE AND I LIVE DIRECTLY BEHIND WHERE THIS WILL HAPPEN AND I DON'T KNOW A WHOLE LOT ABOUT THIS BUT I BOUGHT THE LOT. IT'S AN EMPTY LOT THAT THEY LIVE DIRECTLY BEHIND AND I'M NOT SURE WHAT WILL HAPPEN WITH THIS. I ONLY KNOW I BOUGHT THE LOT FOR AN INVESTMENT AND I DON'T PLAN TO KEEP IT FOR A LONG TIME SO I DON'T WANT ANYTHING TO HAPPEN THAT WILL DEVALUE THE PROPERTY FOR FUTURE SELLING. AND FROM WHAT I UNDERSTAND WHAT HE'S GONNA BUILD AND

[00:55:03]

MAKE A MOTION TO APPROVED RESOLUTION 2019-23 SUBJECT TO STAFF COMMENTS. SECOND BY DEPUTY MAYOR.  ANYTHING ELSE TO ADD COUNCIL. IF NOT I'M GONNA CALL IT. ALL IN FAVOR SAY AYE. AYE.  ALL OPPOSE SAY NAY. MOTION CARRIES UNANIMOUS. OK.  GOING RIGHT TO COUNCIL REPORTS LET ME SEE HERE, COUNCILMAN JOHNSON. THANK YOU MAYOR I DO

[Council Reports]

[01:00:01]

THERE ARE PEOPLE WHO OWN ANIMALS THERE ARE VETERANS THEY HAVE PTSD. SO LET'S BE CONSIDERATE OF THEM AS WELL. LET'S MAKE SURE WE'RE NOT DRINKING AND DRIVING AS  WELL. SO THANK YOU COUNCILMAN BAILEY. THANK YOU MAYOR. I JUST WANT TO REITERATE MY I WASN'T ABLE TO MAKE IT OUT TO THEIR EVENT BUT I KNOW THE MAJORITY OF COUNCIL WAS THERE FOR THE TOPPING OFF CEREMONY FOR THE HYATT AND THE HOME TO DEVELOPMENT OVER THERE OFF BASS PRO AROUND BASS PRO AND HARLEY. SO ANYHOW IT'S EXCITING TO SEE THAT DEVELOPMENT THERE WE HAVE MORE DEVELOPMENT WE CAN SEE OVER ON THE WATERFRONT AS WELL. JUST WANTED TO REITERATE THAT AND I'LL BE OUT THERE FOR THE FOURTH OF JULY EVENT. I'LL BE ALSO IN MELBOURNE ON THE PARADE BUT ALSO OUT HERE TO SUPPORT THE CITY. SO I THINK IT IS A UNIQUE THAT KNOW A LOT OF FOLKS THAT CAN DO BOTH. THEY CAN TAKE THURSDAY AND FRIDAY AND CELEBRATE OUR NATION. I DON'T WANT TO BEAT ON THE SAME TOPIC BUT HAPPY FOURTH OF JULY TO EVERYONE. THAT'S ALL I HAVE.

OK. DEPUTY MAYOR. FANTASTIC TOPPING OFF EVENT. THAT'S PALM BAY'S VISION I THINK WHERE WE'RE GOING WITH PALM BAY IS COMMERCIAL DEVELOPMENT IS BE GREAT FOR PALM BAY. I DID. I DIDN'T KNOW KENNY WAS GOING TO DO THAT. SO I HAVE FIREWORKS ON MY SOCKS. SO THAT'S FOURTH OF JULY. IF YOU GUYS WILL INDULGE ME FOR ONE SECOND. I'LL BE RIGHT BACK. IT'S HIS TIME. I WANTED TO THANK OUT PR DEPARTMENT. THESE I'M LOOKING FOR A WALLET BIG ENOUGH TO PUT THESE IN.

THANK YOU SO MUCH.

I MAY. THOSE BOARDS YOU MIGHT NOT KNOW IT ACTUALLY ASKED FOR THOSE BOARDS AND WE GOT THEM ALL SHARED AROUND. THERE'S GONNA BE AN ACTUALLY UPDATED ONE TOO WITH THE STREETS ON THEM THAT'S WORKING ON THAT TODAY. BECAUSE I WENT ACTUALLY WAS TO USEING IT THE OTHER DAY AND I TALKING WITH THE RESIDENT AND WE'RE HAVING A HARD TIMES FIGURING OUT. WE DON'T TALK IN UNITS WE TALK ABOUT ROADS AND OTHER LANDMARKS BUT NOT UNITS. BUT I DO APPRECIATE THAT THEY'VE BEEN WORKING REALLY HARD ON ME GOING BACK AND FORTH FOR THEM. MAKE SURE WE HAVE IT OUT THERE AND I'M ACTUALLY GONNA BE PRESENTING THAT THIS FRIDAY SO BEFORE THE 4TH OF JULY. GOING TO BE THE FIRST TIME I'M GOING TO GO OUT THERE AND PRESENT IT AND I'M HOPING EVERYBODY ELSE'S TO KEEP EVERYBODY INFORMED. AND NOW I KNOW THE MAYOR IS VERY OPTIMISTIC ABOUT EVERYTHING IS GONNA GET DONE. WE'VE GOT TO STAY DILIGENT AND BE AS EFFICIENT AS POSSIBLE MAKE SURE IT DOES HAPPEN BECAUSE I'M A LITTLE BIT NOW ON THE WHAT'S WORST CASE SCENARIO LET'S PREPARE FOR THAT TOO SIDE OF IT BUT ANYHOW JUST WANTED TO MAKE SURE FOLKS UNDERSTAND WHAT WE'RE DOING AND ALSO HELP EMPOWER THEM IF THEY WANT TO FIGHT FOR THEIR AREA LET THEM SEE WHERE THEY'RE AT ON IT AND HELP THEM TO  BE KIND OF BE BETTER PREPARED. WITH THAT I WANT TO WISH EVERYBODY A  HAPPY 4TH OF JULY AND BE SAFE. I KNOW EVERYBODY WANTS TO BE FESTIVE BUT IT'S ALWAYS A LITTLE KINK IN THE FESTIVITY EITHER BY DRIVING OR EITHER NOT KNOWING HOW TO HANDLE THE FIREWORKS SO BE CAREFUL OUT THERE. WITH THAT LET'S WALK INTO NEW

[New Business]

AMENDING THE CODE OF ORDINANCES TITLE 13 GENERAL OFFENSES CHAPTER 130 STATE MISDEMEANORS BY INCLUDING PROVISIONS FOR CIVIL PENALTIES FOR THE POSSESSION OF CANNABIS MARIJUANA FOR AMOUNTS UNDER 20 GRAMS AND POSSESSION OF DRUG PARAPHERNALIA SETTING FORTH PENALTIES ENFORCEMENT RESPONSIBILITIES FOR VIOLATION OF THE SECTION PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES CONFLICTING HERE  WITH PROVIDING FOR INCLUSION OF THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE. THANK YOU JENNIFER. WITH THAT I'M GONNA TURN IT OVER TO COUNCILMAN JOHNSON. THANK YOU MAYOR. SOME MONTHS AGO I'VE LISTENED TO OUR COMMUNITY ON THE NEED FOR THIS ORDINANCE AND THEN WHEN I BROUGHT IT UP BEFORE COUNCIL I MADE SURE I LISTENED TO THE CONCERNS OF COUNCIL ON THIS ORDINANCE. SO OVER THE PAST THREE MONTHS I'VE BEEN WORKING DILIGENTLY ON LOOKING INTO WAYS TO PERFECT IT TO THE BEST OF MY ABILITY. I'VE LOOKED TO DO

[01:05:02]

IS THERE ANYBODY ELSE IN THE AUDIENCE THAT WANTS TO SPEAK? I KNOW BEN. GOOD EVENING BEN MALIK. I'M HERE AS A PRIVATE RESIDENT 1029 SOUTH BREVARD AVE  COCOA BEACH, FLORIDA. AND THANK YOU VERY MUCH. WOW YOU GUYS HAVE A NICE FACILITY FIRST OFF COME ON UP TO OURS IT'S NOT QUITE THAT NICE. JUST I MEAN THIS IS SOMETHING THAT I BROUGHT UP IN COCOA BEACH A FEW MONTHS AGO. SO FROM A QUANTITATIVE STANDPOINT WE DON'T HAVE ENOUGH DATA TO GIVE YOU AN ANSWER AS TO WHAT THE OUTCOME IS. I CAN JUST GIVE YOU ANECDOTAL. ANECDOTALLY IT HASN'T CREATED PANDEMONIUM AND CHAOS IN OUR TOWN. WE STILL HAVE TWO AND A HALF MILLION VISITORS A YEAR AND LOOKING AT THE ARREST REPORTS FOR THE LAST SEVERAL MONTHS THE PRIMARY PROBLEMS THAT  WE HAVE ARE WITH OVERCONSUMPTION OF ALCOHOL. CERTAINLY NOT CANNABIS. AND TO YOUR POINT COUNCILMAN JOHNSON I COMMEND YOU FOR BRINGING THIS UP. WE'RE BY FAR NOT VERY PROGRESSIVE HERE IN BREVARD COUNTY. YOU HAVE OTHER CITIES AND COUNTIES THROUGHOUT THE STATE THAT HAVE ALREADY TAKEN THIS STEP. WHEN I BROUGHT THIS UP IN COCOA BEACH I DID SPEAK WITH MAYORS FROM TAMPA, KEY WEST, MIAMI BEACH, JUNEAU ALASKA WHICH IS ALSO A RESORT TOWN BY THE WAY. COLORADO AND AGAIN THE PREDOMINANT PROBLEM WAS WITH ALCOHOL CONSUMPTION IT WASN'T WITH THEY'VE ALL EITHER LEGALIZED OR COMPLETELY DECRIMINALIZED. AND AGAIN THIS IS A TOOL. YOU HAVE A FINITE BUDGET JUST LIKE WE DO. YOU CAN'T DEFICIT SPEND JUST LIKE WE CAN'T IT'S YOU KNOW YOU GUYS

[01:10:04]

[01:15:03]

THIS ALLOWS US TO DEFINE A SOLID ASSESSMENT AND USE FOR DIAGNOSIS AND PLACEMENT OF AN INDIVIDUAL INTO OUR PROGRAM. IT WILL IDENTIFY THE MOST COMMON CORE RECURRING PROBLEMS EXPERIENCED BY PARTICIPANTS BOTH PSYCHIATRIC AND OTHERS.

FURTHER ASSESSMENTS MAY BE INDICATED FOR MORE SEVERE MENTAL HEALTH PROBLEMS SPECIAL EDUCATION, SEVERE ILLNESS AND OTHER PROBLEMS EXPERIENCED IN OUR COMMUNITY. ALL OUR SERVICES ARE ADMINISTERED BY HIGHLY TRAINED STAFF. WE ARE CURRENTLY APPROVED WITHIN THE 18TH JUDICIAL CIRCUIT COURT PROGRAMS TO DELIVER A PLETHORA OF SERVICES, MEDICATION ASSISTED TREATMENT, SUBSTANCE ABUSE EDUCATION, PARENTING SERVICES, ANGER MANAGEMENT, IMPULSE CONTROL, RETAIL THEFT, BATTER'S INTERVENTION AND WE DO SPECIALIZING [INAUDIBLE] DISORDERS. WE ARE CREDITED ALSO LICENSED BY THE DEPARTMENT OF CHILDREN AND FAMILIES WE ARE ACCREDITED BY [INAUDIBLE] INTERNATIONAL. [INAUDIBLE] [INAUDIBLE] DEMONSTRATE A COMMITMENT TO BEING THE BEST AVAILABLE IN THE HUMAN SERVICE FIELD. OUR CONSUMERS AND FAMILIES AND THE PUBLIC LOOK TO [INAUDIBLE] FOR  ACCREDITATION AS ASSURANCE THAT PROVIDERS STRIVE TO THE HIGHEST QUALITY OF SERVICES.

HERE WITH IN BREVARD COUNTY ALTHOUGH A CITIZEN MAY BE CHARGED WITH CIVIL CITATION IN PALM BAY WE DO HAVE THREE CONVENIENT LOCATIONS TO MAKE THOSE SERVICES EASILY ACCESSIBLE AND THOSE LOCATIONS ARE IN COCOA, MELBOURNE AND OF COURSE HERE IN PALM BAY. ANY QUESTIONS? ANY QUESTIONS COUNCIL. IF NOT THANK YOU. THANK YOU. COUNCILMAN JOHNSON. LAST BUT NOT LEAST. REGARDING ALL FINES COLLECTED MINUS ADMINISTRATIVE COSTS LOOKING TO HAVE IT TOWARDS DRUG ABUSE AWARENESS EDUCATION OR PREVENTION PROGRAMS. I DO HAVE MRS. LEE FROM ECKERD REPRESENTING STANLEY BRIZZ. SHE'LL BE COMING UP SPEAKING OF WHAT THEY WILL BE CONTRIBUTING TO THE CITY OF PALM BAY.  GOOD EVENING. SO I AM LEE  AND I WORK WITH A OUR SCHOOL WASTE PREVENTION EDUCATION MANAGER BUT I AM ALSO SO BLESSED TO WORK WITH STANLEY BRIZZ AND BEING A FOUNDING BOARD MEMBER FOR OUR BREVARD PREVENTION COALITION. WE ARE NOW A LEGAL BODY ESTABLISHED AS A 501C3 AND PREVIOUS TO THAT ESTABLISHMENT IF YOU HAVE HEARD OF BYSAP WHICH IS THE BREVARD YOUTH SUBSTANCE ABUSE PREVENTION GROUP WE WERE OPERATING IN THAT CAPACITY FOR SEVERAL YEARS. WELL WE REALIZED THAT SUBSTANCE USE IS DEFINITELY BROADER THAN JUST WHAT'S GOING ON WITH OUR YOUTH AND THE OPIOID CRISIS HAS CHANGED THAT SITUATION DRAMATICALLY. SO IN WORKING WITH SO MANY DIFFERENT COMMUNITY AGENCIES AND COMMUNITY PARTNERS WE KNEW THAT NOW WAS THE TIME TO ESTABLISH THIS BREVARD PREVENTION COALITION. OUR GOAL IS TO CONNECT COMMUNITY RESOURCES TO OFFER SUBSTANCE USE EDUCATION AND UNITE IN A COMMON GOAL TO BUILD A SUBSTANCE FREE COMMUNITY. WE ARE DOING THAT HERE THROUGH OUT BREVARD COUNTY BY FOCUSING ON SUBCOMMITTEE ESTABLISHMENTS AND WORKING THROUGH THESE SMALLER SECTIONS SO OUR SUBCOMMITTEES ARE BROKEN UP INTO EDUCATION AND PREVENTION, LAW ENFORCEMENT, TREATMENT AND HEALTH CARE. THOSE SUBCOMMITTEES ARE MEETING EVERY SINGLE MONTH AND SEVERAL INITIATIVES HAVE ALREADY BEEN PUT IN PLACE THROUGHOUT OUR COUNTY

[01:20:04]

GOOD EVENING MR. MAYOR COUNCIL BEFORE YOU START ON THE PRESENTATION COULD YOU JUST ELABORATE ON ANYTHING SHE MAY HAVE LEFT OUT. [INAUDIBLE] DISCUSSION OR MEETING WITH MR. BRIZZ.

YES SIR. WE MET WITH MR. BRIZZ EARLY TODAY. THAT ACTUALLY IS A SPINOFF OF THE BEVARD OPIATE TASK FORCE. THIS NEW PROGRAM AND AS YOU KNOW AS I REPORTED TO YOU SOME MONTHS AGO OUR PARTICIPATION IN THE TASK FORCE WAS RELATIVELY NEW IT'S A RELATIVELY NEW TASK FORCE. I REMEMBER TALKING TO YOU ABOUT THE TRIFECTA THE THREE PRONGED APPROACH TO DEALING WITH THE OPIATE CRISIS. WE GOT THE ENFORCEMENT DOWN PACK BUT WHERE WE WERE LACKING COLLABORATION WITH OTHER ENTITIES THAT HAVE EXPERTISE ON EDUCATION AND TREATMENT. SO WE'RE IN TALKS TO COLLABORATE WITH THIS NEW PROGRAM TO COME UP WITH SOME UNIQUE WAYS FOR US TO ALSO DO WHAT WE CAN IN OUR COMMUNITY TO PROVIDE THOSE SERVICES THAT PARTICULARLY AT OUR SCHOOLS WHERE WE CAN DO SOME  EDUCATION SOME PREVENTIVE MEASURES AND THEN SOME CONNECTING WITH FOLKS THAT EITHER ARE SICK OR OVERDOSE IN OUR COMMUNITY WHERE WE CAN REFER THEM TO SERVICES. SO THAT IS OUR EFFORT THAT IS UNDERWAY. THE OTHER ONE THAT YOU MENTIONED THE PAL THAT'S IN THE EARLY STAGES OF DISCUSSION AS YOU KNOW THAT THAT TAKES A LOT OF RESOURCES AND TIME. BUT WE KNOW BECAUSE WE'VE HEARD FROM THE COMMUNITY  THAT THEY WOULD LIKE TO SEE PAL BACK BUT IT'S IN EARLY STAGES OF DISCUSSION THAT I WOULD NEED TO HAVE WITH WITH MY BOSS. SO WE LOOKED AT SOME NUMBERS A COUPLE OF MONTHS BACK WHEN WE FIRST MET ABOUT THIS ISSUE. AND I'M HERE TO REPORT TO YOU. WELL LET ME

[01:25:03]

DO WE HAVE OTHER RANDOM VIOLENCE INVOLVING SMALLER AMOUNTS. WE DO BUT IT'S FEW AND FAR BETWEEN. AND I WANT TO BE CLEAR BECAUSE I KNOW THAT THE COMMENT HAD BEEN MADE ABOUT VIOLENCE RELATED TO MARIJUANA USE. THE VIOLENCE WE SEE IS  MARIJUANA DEALING. OK. AND I WANT YOU GUYS TO UNDERSTAND THAT. SO IN TERMS OF THE FACTS SOME NUMBERS THAT WE HAD DISCUSSED WERE THE STANDALONE CHARGES WHERE AN OFFICER COMES ACROSS AN INDIVIDUAL WHO HAS NOT COMMITTED ANY OTHER OFFENSE RATHER THAN BE IN POSSESSION OF 20 GRAMS OF CANNABIS OR UNDER AND OR PARAPHERNALIA ASSOCIATED WITH THE OFFENSE. SO EARLIER THOSE NUMBERS RANGE AT THE 302 WHERE IT IS NOW THREE HUNDRED AND THIRTY FOUR ARRESTS. THESE ARE THE UPDATED NUMBERS. FOUR HUNDRED AND NINE WERE THE PREVIOUS REPORTED NUMBERS AS OPPOSED TO TODAY'S FOUR HUNDRED AND FORTY SIX. BUT WHAT THIS REPRESENTS IS THE SAME PATTERN THAT I HAVE ALREADY EXPLAINED TO YOU BEFORE. IN TERMS OF THE RATIO AND PERCENTAGES OF WHAT IS BEING CHARGED AND WHAT ISN'T. HOW DO I MOVE THIS THING FORWARD. THANK YOU. THAT'S WHY I'M NOT AN I.T. PERSON. SO AS YOU CAN SEE FROM THIS PIE CHART CURRENTLY WE SIT AT 43 PERCENT OF THE CASES WHERE WE COME INTO CONTACT WITH THE PARAMETER THAT I JUST EXPLAINED WHERE WE ACTUALLY MAKE AN ARREST. NOW THAT ARREST CAN BE A NOTICE TO APPEAR OR A PHYSICAL CUSTODY ARREST. 446 OR 57 PERCENT IS OUR DISCRETION CURRENTLY IN NOT ARRESTING OR CHARGING. THESE CASES ARE INDICATIVE OF CONTRABAND UNDER THAT SAME PARAMETER THAT IS TAKEN FOR DESTRUCTION.

AND WITH NO ASSOCIATED CHARGES. SO THIS LENDS TO THE SAME PICTURE WE PAINTED A COUPLE OF MONTHS AGO THAT OUR OFFICERS FOR THESE PARTICULAR CASES ARE USING WISE DISCRETION. AND YOU CAN SEE THOSE NUMBERS SPEAK FOR THEMSELVES SO 43 PERCENT OF TIME IF YOU COME ACROSS A POLICE OFFICER IN THIS CITY IN THIS COMMUNITY AND YOU'RE IN POSSESSION OF MARIJUANA OR LESS THAN 20 GRAMS AND OR PARAPHERNALIA THE CHANCES OF BEING CHARGED NONETHELESS ARRESTED ARE 43 PERCENT AS OPPOSED TO 57 PERCENT OF TIME WHERE WE WILL NOT CHARGE YOU. OK SO I WANTED THAT TO BE CLEAR. THE REST OF THE FIGURES ARE ALIGNED WITH WHAT WE SPOKE ABOUT A COUPLE OF MONTHS AGO. THOSE NUMBERS HAVE NOT REALLY CHANGED AT ALL OF ANY SIGNIFICANCE. BUT I CAN GO OVER THEM WITH YOU AGAIN IF YOU'D LIKE FOR THE RECORD WOULD YOU LIKE. OK. NOW I KNOW THAT YOU AND I HAD TALKED COUNCILMAN BAILEY AND THIS IS A QUESTION THAT WAS POSED TO ME.

AND IT'S A GOOD QUESTION. AND THAT DATA WILL COME. WHAT ABOUT THE OTHER OTHER ARRESTS WHERE PEOPLE ARE IN POSSESSION OF MARIJUANA BUT HAVE OTHER ASSOCIATED CHARGES HAVE OTHER CO-DEFENDANTS THAT ARE ARRESTED WITH THEM FOR OTHER CHARGES AND OR HOW DO WE QUANTIFY THAT DISCRETION WHERE AN OFFICER IS DEALING WITH AN INDIVIDUAL THAT IS A RECIDIVIST WHICH MEANS THAT HE HAS A HISTORY OF DRUG HISTORY IN PARTICULAR A VIOLENT DRUG HISTORY IN PARTICULAR ANY OF THOSE CIRCUMSTANCES WHERE AN OFFICER WOULD USE HIS DISCRETION TO CHARGE AN INDIVIDUAL. WELL THOSE NUMBERS ARE HARD FOR US TO FIGURE OUT. I KNOW WE GOT THAT REQUEST FROM YOU YESTERDAY. WE'RE TRYING TO GET SOME DATA THAT SHOWS US EXACTLY TWO THINGS. TWO THINGS I COULD PROBABLY REPORT TO YOU IN DAYS OR WEEKS TO COME IS NUMBER ONE. HOW MANY OF THOSE CASES WHERE SOMEONE WAS IN POSSESSION OF MARIJUANA HAD OTHER CHARGES THAT LED TO THEIR ARREST BECAUSE THAT LENDS TO IT. SO FOR INSTANCE IF YOU'RE POSSESSING 20 GRAMS OF MARIJUANA THAT'S ONE THING. BUT IF IN YOUR OTHER POCKET YOU HAVE 10 GRAMS OF COCAINE THAT PAINTS A DIFFERENT PICTURE. THAT CHANGES

[01:30:05]

GO AHEAD. GLAD. I JUST HAVE. OK. I COUNCILMAN BAILEY. WHILE THE CHIEF IS STILL UP HERE. DO YOU SEE A CORRELATION BETWEEN THE USE OF MARIJUANA MARIJUANA AND OPIOIDS TODAY? IS THERE A CORRELATION BETWEEN THAT? THAT IS A TOUGH ONE FOR ME TO HAVE ANY EXPERT OPINION ON AND LET ME BE VERY BLUNT AND HONEST ABOUT THAT BECAUSE THAT BRINGS INTO QUESTION THE AGE OF THIS ARGUMENT OF GATEWAY DRUGS AND WHAT QUANTIFIES AND FOR ME AS A POLICE OFFICER WE DEAL WITH THE FACTS AT THAT MOMENT IN TIME BASED ON OUR INDIVIDUAL CONTEXT. RIGHT. SO WE'VE SEEN EVERY GAMUT IN THE SPECTRUM OF WHAT WHY PEOPLE WOULD CHOOSE TO ELEVATE TO HARDER DRUGS IF I MAY USE THAT WORD.

BUT FOR ME TO SAY THAT ONE LEADS TO THE OTHER WOULD NOT BE A QUALIFIED STATEMENT ON MY BEHALF. AND YOU DON'T KNOW OF ANY QUANTIFIABLE DATA THAT SHOWS ANY CORRELATION BETWEEN MARIJUANA. SIR THERE'S A LOT OF STUDIES OUT THERE. YES SIR.

THERE'S A LOT OF STUDIES OUT THERE. LOTS OF DATA THAT INDICATE SUCH THAT. BUT I DON'T THINK ANYBODY CAN STAND HERE AND GIVE YOU WITH ANY SCIENTIFIC CERTAINTY BECAUSE THERE ARE SOME ELEMENTS THAT ARE UNKNOWN BECAUSE IT GOES INTO THE MIND OF THE PERSON THAT MAKES A CHOICE ON WHAT TO USE. AND IT'S DIFFICULT. SO I'M SORRY IF I CAN'T OFFER THAT. I APPRECIATE THAT. OK. THAT'S ALL I HAVE. THANK YOU CHIEF. AND THEN JUST TO ADD INTO WHAT COUNCILMAN SANTIAGO WAS JUST SAYING A MOMENT AGO.

WE HAVE MICHAEL KAHN WORKING THE LITIGATION AGAINST THE PHARMACEUTICAL COMPANIES AND I THINK THAT HIS THAT IF WE GO BACK TO SOME OF THE MATERIALS WITHIN HIS PACKET IF HE HAD PROBABLY ARGUED THAT THERE'S A LOT OF OVER PRESCRIBING OF CERTAIN MEDICATIONS AND THAT THAT'S LED TO CERTAIN PROBLEMS SO I'M SURE THERE IS A FULL GAMUT BUT ANY HOW THAT'S JUST  ANOTHER RESOURCE FOR ALL OF US TO ACTUALLY CONSIDER. AND ON THE TOPIC. YES. THANK YOU. I'M SORRY. I'M SORRY SAY ONE MORE TIME IN THE MIC, I DIDN'T HEAR YOU. CHERYL BELLO. CHERYL, I'M JUST CURIOUS RIGHT NOW DO YOU HAVE ANY CURRENT CLIENTS THAT ARE RECEIVING CIVIL CITATIONS FOR MARIJUANA. WE DO NOT.

WHERE ARE YOUR CURRENT CUSTOMERS COMING FROM? WITHIN BREVARD COUNTY FLORIDA DEPARTMENT OF CORRECTIONS. COUNTY PROBATION. COURT ORDERED PLACEMENTS. CHILD WELFARE IS A HUGE COMPONENT. SO WE ARE VERY SPREAD OUT WITH REFERRAL SOURCES IN OUR COMMUNITY. AND YOU SAID THAT. AND FORGIVE ME HERE. THE INCIDENT THAT THEY HAD TO HAVE TWO OFFENSES. IS THAT CORRECT? THAT IS CORRECT. THEY HAVE TO BE ARRESTED BOTH TIMES ARE CITED FOR THOSE? CITED FOR BOTH. THAT'S ALL. OK.

[01:35:05]

DISCUSSION. COUNCILMAN SANTIAGO. I'LL I'LL DEFER TO THE MAKER OF THE MOTION FIRST MAYOR IF YOU DON'T MIND I KNOW. DO YOU HAVE ANYTHING SO ADDITIONALLY. THE ONLY OTHER ADDITION TO ADD FOR THOSE WHO MAY HAVE FORGOT THE STATE ATTORNEY PHIL ARCHER DOES APPROVE THIS PROGRAM AS IT IS. OTHER THAN THAT I DID ADD THE INTENT FOR STAFF TO PROVIDE REVIEW BECAUSE I THINK IT IS GOOD THAT WE LOOK BACK AT IT.

YOU KNOW THIS IS JUST ANOTHER TOOL IN THE  TOOL BOX. I THINK IT'S IMPORTANT THAT WE LOOK BACK TO SEE ALL RIGHT. IS IT WORKING PERFECTLY. CAN IT BE AMENDED IN SOME WAY SHAPE OR FORM IF SO LET'S DO IT AND MOVE ON. IF IT'S FINE THEN WE JUST LET THE POLICE DEPARTMENT DO WHAT THEY'RE DOING LET OUR COMMUNITY RESOURCES DO WHAT THEY'RE DOING AND MOVE ON FROM THERE. THANK YOU. YEAH. LET LET ME BEGIN BY YOU KNOW AGAIN AND I'VE DONE SO BEFORE ABOUT DO IT AGAIN AND THAT IS COMMENDING COUNCILMAN JOHNSON FOR BRINGING SOMETHING UP THAT CAN BE QUITE CONTROVERSIAL AND CAN BRING UP A LOT OF MIXED FEELINGS FOR A LOT OF OBVIOUS AND UNDERSTANDABLE REASONS. AND I ALSO WANT TO THANK COUNCILMAN JOHNSON FOR LISTENING TO US HERE ON THE DAIS AND IMPLEMENTING SOME OF THE CHANGES THAT WE'VE REQUESTED IN AMENDING THE ORDINANCE TO REFLECT NOT ONLY SOME OF OUR CONCERNS BUT WHAT WE THOUGHT WOULD BE IMPROVEMENTS TO THE ORDINANCE. AND LET ME BEGIN BY SAYING I'M GOING TO SUPPORT THIS TONIGHT. AND I WANT TO SUPPORT IT FOR TWO REASONS. NUMBER ONE I JUST WANT TO BE VERY CLEAR ON THIS I DO NOT BELIEVE THAT THIS HERE THIS ORDINANCE AS A PRELUDE TO THE LEGALIZATION OF RECREATIONAL MARIJUANA I THINK IN SPITE OF THIS ORDINANCE THE LEGALIZATION OF RECREATIONAL MARIJUANA OR THE PEOPLE DECIDING NO WE DON'T WANT RECREATIONAL MARIJUANA IN OUR STATE WILL HAPPEN ANYWAY IN SPITE OF THIS ORDINANCE OR IN SPITE OF THESE ORDINANCES PASSING IN SEVERAL MUNICIPALITIES AND COUNTIES. I SEE IT SPECIFICALLY AND THIS IS MY SECOND REASON I SAY SPECIFICALLY AS ANOTHER TOOL. ANOTHER TOOL FOR LAW ENFORCEMENT TO USE IN ORDER TO DEAL WITH THE PROBLEM THAT WE HAVE IN OUR SOCIETY. BUT I'LL EVEN ADD IN THE THIRD REASON AND THE THIRD REASON IS BECAUSE YOU KNOW I DO THINK NARCOTICS IS VERY BAD. MARIJUANA IS INCLUDED WITH THAT BUT EVEN WITH THAT BEING SAID I ALSO BELIEVE IN SECOND CHANCES. AND YOU KNOW WE HAVE TO LOOK AT THE FACT THAT NUMBER ONE OUR JAILS ARE BEING FILLED WITH PEOPLE THAT I FRANKLY AND PERHAPS THIS IS MY PERSONAL REASON BUT I THINK OUR JAILS ARE BEING FILLED WITH TOO MANY PEOPLE THAT PERHAPS SHOULD NOT BE THERE IN COMPARISON TO OTHER PEOPLE THAT OBVIOUSLY SHOULD. I THINK OUR RESOURCES, LAW ENFORCEMENT RESOURCES, MANPOWER COULD BE USED AND MORE FOCUSED ON ON OTHER THINGS THAT ARE HAPPENING IN OUR SOCIETY THAT ARE FAR MORE PRESSING THAN HAVING TO DEAL WITH AN ISSUE LIKE THIS. THAT SHOULD BE DEALT MORE ON A PERSONAL BASIS WITH REGARDS TO DEALING WITH THE INDIVIDUAL AND HELPING THIS INDIVIDUAL GET OUT OF THERE HOPEFULLY GETTING OUT OF THEIR RUT IF YOU WILL. BUT AT THE SAME TIME THERE IS ALSO A COMPONENT OF PUNISHING IN DEALING WITH THE INDIVIDUAL ONCE WE'VE GIVEN THEM SO MANY CHANCES AND THAT'S THE REASON WHY PERSONALLY FOR ME I'VE ASKED FOR YOU KNOW SEVERAL VIOLATIONS BEFORE. OK. YOU

[01:40:05]

IF STAFF DOES THINK THEY CAN DO IT SEMIANNUAL I HAVE NO PROBLEM WITH THAT. THANK YOU.

COUNCILMAN. I GOT TO SAY COUNCILMAN SANTIAGO I'M A LITTLE SURPRISED AND THAT'S HOW HE GROWS LEGISLATORS BECAUSE THE MEDICAL MARIJUANA THING I BELIEVE YOU VOTED AGAINST THAT OR SOME OF THE PARAMETERS SO I THINK WE GROW AS LEGISLATORS AS WE GET UP HERE. I WAS KIND OF SHOCKED BY THE NUMBERS AS SIX OUT OF 10 PEOPLE GO FREE. THAT SAYS WE ALREADY USE INCREDIBLE DISCRETION DO A GREAT JOB HERE IN PALM BAY. SO THAT'S THAT'S VERY WELL. I LIKE THE ORDINANCE. DON'T GET ME WRONG. I THINK IT DOES WHAT IT'S SUPPOSED TO DO. I WOULD HOWEVER TO SUPPORT THIS THING I'D LIKE TO SEE THE WORD OR GONE AND IT SAY AND 15 HOURS BECAUSE I REALLY WANTED IT TO FEEL LIKE YOU MADE A MISTAKE. I DIDN'T  WANT IT TO BE JUST BE LIKE OH WELL I CAN JUST GO DO 15 HOURS YOU KNOW. THAT'S JUST A COUPLE DAYS OUT OF MY WEEK AND I LOST ONE WEEKEND BUT I REALLY WANTED IT TO HAVE SOME STING TO A TEENAGER THAT WOW I REALLY DON'T WANT TO DO THIS AGAIN. WOW I HAVE TWO MORE SHOTS AT THIS BEFORE I ACTUALLY GET IN ANY TROUBLE. IF IT'S ABOUT SECOND CHANCES YOU KNOW WE REALLY WANT TO MAKE SURE THAT IT'S NOT SOMETHING THAT WE'RE PROMOTING YOU TO DO. IT'S NOT  SOMETHING WE ARE PROMOTING YOU TO DO IT'S SOMETHING WE ARE SAYING IS ILLEGAL YOU ARE NOT ALLOWED TO DO IT BUT WE ARE WILLING TO GIVE YOU A WAY TO MAKE IT NOT BE ON YOUR RECORD. THANK YOU. THANK YOU DEPUTY MAYOR. THE REASON WHY I MADE IT AS SUCH I LOOKED AT HOW BROWARD COUNTY DID IT AND THEIR SUCCESS RATE. THEY HAD LESS THAN 10 PERCENT WHO WERE SECOND TIME OFFENDERS AND THEY HAD IT WHERE ACTUALLY THEIR FINE NUMBERS WERE LOWER AND THEIR COMMUNITY SERVICE NUMBERS WERE LOWER. THEIR COMMUNITY SERVICE NUMBERS EIGHT AND 16 SO I NEARLY DOUBLED IT FOR BOTH. SO THAT'S A YOU KNOW IF IT'S NOT BROKE DON'T FIX IT. SO THAT'S WHY I KIND OF MODELED IT  AFTER BROWARD COUNTY WHEN THEY DID THE PRESENTATION UP HERE THAT THOSE THAT WERE FIRST TIME OFFENDERS OVER 90 PERCENT OF THEM DIDN'T REOFFENDING. SO THAT'S WHY MODELED IT AS SUCH. NO I UNDERSTAND. I LIKE BROWARD COUNTY TOO, THEY HAVE ISSUES THERE. BUT THERE'S NOT A LOT OF TEETH IN THIS THING AS FAR AS WHERE DO WE GO WHEN THEY DON'T PAY. HOW DO WE FORCE IT ON A WEST MELBOURNE RESIDENT IF HE DOES HAVE PROPERTY. ARE WE ALLOWED TO LIEN THEIR PROPERTY. SO THERE'S SOME ISSUES FOR ME. BUT THE INTENTION IS GOOD. YEAH. MAYOR IF I MAY JUST REAL QUICK JUST TO JUST ANSWER JUST ONE THING THAT DEPUTY MAYOR ANDERSON BROUGHT UP THE REASON WHY I DIDN'T SUPPORT THE MEDICAL MARIJUANA WAS BECAUSE OF YOU REMEMBER I ASKED FOR A THOUSAND FEET AWAY. AND SO I SAID AND I SAY TO THEN AT THAT POINT I SAID YOU KNOW MEDICAL MARIJUANA IS BASICALLY WHEREVER THEY'RE GOING TO SELL MEDICAL MARIJUANA THAT'S WHERE THEY'RE GOING TO SELL RECREATIONAL MARIJUANA. SO THAT'S THE CASE YOU KNOW I WOULD RATHER MAKE IT A THOUSAND FEET AWAY FROM CHURCHES AND SCHOOLS AND SUCH. AND IF YOU REMEMBER WE VOTED FOR THAT YOU KNOW WE WERE ABLE TO DO THAT THEN THE STATE LEGISLATOR TOOK IT BACK AND SAID OK YOU KNOW WHAT. WE'RE GOING TO TAKE THAT AWAY FROM YOU GUYS. AND THAT'S WHEN I WENT AHEAD AND VOTED AGAINST IT BECAUSE WE WERE UNABLE TO SET THOSE PARAMETERS. WELL I JUST WANTED TO REMIND YOU KNOW REMIND EVERYONE WHY I VOTED FOR THAT AND THEN VOTED AGAINST IT

[01:45:03]

[INAUIDBLE] HERE TONIGHT BUT I SAT DOWN WITH ERIC YESTERDAY OUR CITY ATTORNEY DEPUTY CITY ATTORNEY WHO HELPED DRAFT THAT BUT THERE'S SEVERAL PLACES WHERE I THINK ANYWHERE WHERE IT'S ENFORCEMENT IT SHOULD BE CHANGED TO MAY. I DON'T HAVE [INAUDIBLE] LISTED OUT HERE. JENNIFER. YEAH. JENNIFER THANK YOU. OH IS THAT SOMETHING THAT WE CAN ADD IN TO THE SECOND READING OR DOES THAT NEED TO BE DONE NOW? ANY DIRECTION FOR CHANGES YOU WOULD WANT TO MAKE TONIGHT TO BE MADE FOR THE SECOND READING.  AND I'D LIKE THEM IN MY MOST EMOTIONAL OK WERE TO ASK DEPUTY MAYOR ASKED OR THE END INSTEAD OF THE OR. OK. THAT I UNDERSTAND. BUT I WANTED TO PUT THAT OUT THERE BECAUSE HE MADE THE REQUEST AND NOW COUNCILMAN BAILEY IS MAKING A REQUEST. SO I GUESS THE. OR IN THE END IS NO. AND THE ONE FOR COUNCILMAN BAILEY IF HE COULD REPEAT IT AGAIN BECAUSE I HEARD CIAO FROM ME FOR ME TO SELL I BELIEVE ANY ANY ENFORCEMENT PROVISION SHOULD BE SHALL INSTEAD OF MAY AS FAR AS WHAT THE OPTIONS ARE. OK. OK. AND I MADE MY MOTION FOR ANY ENFORCEMENT PROVISION IF I'M MADE A SHELL. OK I SECOND. OK. SECOND NOW SINCE WE'VE GOT TO THAT DISCUSSION I WOULD PUT MY TO MY TWO FINAL CENTS. OR YOU STILL HAVE NO IDEA. I WASN'T. I WASN'T FINISHED UP HERE. YOU KNOW AND THERE'S ONE OF MY CONCERNS TOO WAS THE FACT THAT THE PARAPHERNALIA WAS THROWN IN HERE PARAPHERNALIA IS NEVER LOOKED OUT AT THROUGH STATE STATUTE IS MUCH BROADER THAN JUST MARIJUANA. I MEAN THAT COULD BE SYRINGE IT COULD BE SOME CRACK PIPE OR ANYTHING OF THAT NATURE. I DON'T KNOW IF TAKING IT OUT THERE WERE SOME ARGUMENTS AS DEBATING WITH SOME CITY ATTORNEYS YESTERDAY ON THE ISSUE WHETHER THE WISDOM OF INCLUDING THAT. NO IT'S MY OPINION THAT AS FAR AS THE ACTUALITY WHAT WOULD HAPPEN IF THE OFFICER IS GOING TO ELECT TO GIVE A CIVIL CITATION FOR THE MARIJUANA POSSESSION THEY'RE NOT GOING TO SIT THERE AND DO IT AND WRITE OUT A CRIMINAL CITATION FOR THE PARAPHERNALIA THAT GOES ALONG WITH IT. SO THEREFORE THAT'S GONNA BE A MOOT POINT IN THAT SITUATION.

IT'S GOING TO BE NULL AND VOID WHEREAS WHAT WE HAVE WRITTEN RIGHT NOW ALTHOUGH I STILL DON'T THINK POLICE OFFICERS I MEAN MAYBE THEY WILL THEY STILL HAVE DISCRETION I BELIEVE PARAPHERNALIA EVEN IF IT WAS A CRACK PIPE OR A  SYRINGE IT'S STILL BELIEVE IT'S A MISDEMEANOR AND I STILL BELIEVE HAS SOME DISCRETIONARY ASPECTS FOR THE POLICE OFFICER THEY CAN CHOOSE WHAT THEY WISH THAT WAS JUST A QUESTION I HAD YOU KNOW WHETHER IT REALLY NEEDS TO BE THERE OR NOT. IT'S KIND OF OFF FROM FROM WHAT THE ISSUE IS. THE FORGIVE ME AND I APOLOGIZE. MAYOR COUNCIL. MY WIFE [INAUDIBLE] AND I HAVE BEEN CLEANING OUT THE HOUSE ALL NOW THAT IT'S SUMMERTIME AND I ACTUALLY PICKED UP THE WRONG PACKET. I HAD A PACK WITH ALL MY NOTES ON THERE, YOU KNOW HIGHLIGHTED ALL THE QUESTIONS THAT I ASKED STAFFING AND LEGAL YESTERDAY IN PREPARATION OF TODAY'S MEETING. BUT I THINK THE BIG ONE THOSE ARE TWO THE TWO THE BIGGEST ONES. MY FINAL THING IS AND BY THE WAY I APPRECIATE COUNCILMAN JOHNSON FOR MAKING SURE WE HAVE SOME TEETH THAT IF FOLKS AREN'T GOING TO COME TO THIS COMMUNITY SERVICE AND THEY'RE NOT GONNA PAY THE FINE IF THEY'RE NOT GOING TO DO SOMETHING THEN WE ARE GOING TO GO TAKE THEM GIVE THEM A CRIMINAL CITATION THEY WILL BE AND THAT WILL BE ENFORCED UPON THEM. I THINK THAT'S A GREAT THING. BUT WHEN I LOOK AT THIS AS OVER AT THE AT THE 30000 FEET. THE GENERAL IDEA OF IT. I DON'T HAVE A PROBLEM WITH I UNDERSTAND THE IDEA OF SECOND CHANCES. I UNDERSTAND THE CONCEPT THAT WE DON'T WANT TO RUIN SOME YOUNG PERSON'S LIFE. BUT THEN MY NEXT QUESTION IS WE NEED TO DIVE DOWN INTO IT. AND THAT'S WHY LAST TIME WE HAD THE PRESENTATION BY THE CHIEF WHICH HE PRESENTED AN UPDATED VERSION OF IT TONIGHT. I WANTED TO KNOW WHAT OUR NUMBERS WERE. WHERE DO WE ACTUALLY STAND. I MEAN FROM HIGH ABOVE WE CAN SEE  SOMETHING FUZZY AND WE CAN USE OUR BIAS. I THINK WE HAVE PRECONCEIVED IDEAS OF WHAT WE THINK OF THAT THERE'S A BUNCH OF YOUNG PEOPLE BEING THROWN IN JAIL WHEN ALL THEY HAD WAS A SMALL AMOUNT OF MARIJUANA ON THEM AND NOW THEY'RE FILLING UP OUR JAIL CELLS. AND WHENEVER I LOOK AT THE NUMBERS IN THE CITY THAT'S NOT THE

[01:50:05]

HE HAS OPTIONS FOR HOW WHAT HE'S GOING TO PROSECUTE AND HOW AND YOU KNOW PRE-TRIAL OTHER VERSIONS FOR ALL FOR NOT JUST THIS LEVEL BUT EVEN EVEN MORE SERIOUS CRIMES.

WHAT THAT MEANS THOUGH IS THAT THAT'S AS OTHER PLEASE. THIS IS NOT MY OWN INTUITION AND KNOWLEDGE THIS FROM TALKING TO MANY POLICE OFFICERS. WHAT HAPPENS IS THAT THE STATE'S ATTORNEY HAS TO DO THE PAPERWORK WHENEVER IT'S A CIVIL CITATION THE POLICE OFFICERS HAVE TO DO PAPERWORK. SO THERE'S A LITTLE BIT OF PAPER PUSHING IS WHAT I SEE IT SEES IS LIKELY HAPPENING HERE IN THIS SITUATION AND SO I WOULD AGREE THE STATE'S ATTORNEY [INAUDIBLE]RATHER US DO IT. I HAVEN'T SEEN ANYTHING FROM SHERIFF IVEY WHO RUNS OUR JAIL. BUT AGAIN I DON'T THINK THIS IS GONNA HAVE ANY IMPACT ON THE NUMBER OF PEOPLE IN JAIL CELLS. IT'S JUST NOT. THE PEOPLE THAT ARE BEING ARRESTED THEY'RE BEING ARRESTED BECAUSE THEY HAVE OTHER CHARGES THEY HAVE OTHER PRIORS THERE'S OTHER AGGRAVATING ELEMENTS AND CIRCUMSTANCES AND THAT'S WHY THE OFFICERS ARE USING OUR JUDGMENT THE WAY THEY ARE BUT THEY'RE DOING A GREAT JOB OF IT. SO WHY ARE WE GOING TO CHANGE IT. I THINK IN THE END I AGREE WITH THE [INAUDIBLE] BECAUSE I THINK I'D HAVE THE SAME PRECONCEIVED IDEAS OF WHAT YOU DID WHAT COUNCILMAN JOHNSON DID MAYOR WHEN WE STARTED THIS BUT WHEN I LOOK AT THE NUMBERS I THINK THAT THEY'RE DOING GREAT.

SO I THINK THAT IT BECOMES A SOLUTION LOOKING FOR A PROBLEM. BUT THERE'S NO PROBLEM. BUT. THAT'S THAT'S WHERE IT BECOMES AN ISSUE FOR ME THAT YOU KNOW IT'S JUST KIND OF HARD TO SUPPORT IT. AND WE KEEP TALKING ABOUT WE'RE ADDING A TOOL AND I'M NOT ALWAYS THE BEST WITH ANALOGIES MAYOR. SOMETIMES WHENEVER I THINK I A GREAT ANALOGY EVERYBODY ELSE IS LOST. BUT REGARDLESS TO ME THINKING EARLIER YOU KNOW WHAT'S A GOOD ONE FOR THIS BUT YEAH IT'S KIND LIKE THEY ALREADY HAVE A TASER THEY ALREADY HAVE A GUN. NOW WE'RE GOING TO GIVE THEM NUNCHUCKS AND THROWING STARS THEY'RE JUST USELESS. I MEAN I DON'T I DON'T REALLY THINK THE CITATION IS GOING TO BE VERY USEFUL. AND WHY DO I SAY THAT. I SAY THAT BECAUSE WHEN YOU LOOK AT BROWARD COUNTY I THINK ONE OF OUR SPEAKERS TONIGHT MENTIONED THOSE OVER TWO MILLION PEOPLE LARGE LARGE POPULATION. AND AGAIN I WISH I HAD THE NUMBER RIGHT IN FRONT ME I DON'T KNOW YOU HAVE IT COUNCILMAN JOHNSON OR ANYBODY ELSE BUT FROM THE PRESENTATION FROM BROWARD COUNTY THEY WERE LIKE IN THE HUNDREDS ANNUALLY I BELIEVE IT WAS ONLY ONE HUNDRED AND SOME IF I REMEMBER  CORRECTLY THE CITATIONS THEY ISSUED VERY VERY VERY MINUTE. IT'S JUST INSIGNIFICANT CONSIDERING THE FACT THAT THEY ALREADY HAVE TWO TOOLS THAT WORK SAME WAY THEY ALREADY HAVE A TASER AND A GUN ONE'S LETHAL ONE'S NON-LETHAL. THEY HAVE OPTIONS AS IT IS DISCRETION STATE STATUTE GIVES IT TO THEM. I THINK THERE ARE SOME SOME I STILL HAVE QUESTIONS ABOUT THE ENFORCEABILITY OF IT. LOOKING AT BROWARD'S NUMBER IT LOOKS LIKE PEOPLE DON'T KNOW THAT IT MIGHT BE DIFFICULT TO ENFORCE AND THEY ARE PAYING IT BECAUSE THEY PROBABLY THINK THEY'RE GETTING OFF EASY AND SO SO THERE'S PROBABLY NOT GONNA BE MUCH OF A ISSUE FOR FAR AS COLLECTING BUT WHEN I LOOK AT AS FAR AS PUTTING A LIEN OUT THERE I CAN TELL YOU FROM THE CIVIL CIVIL YOU KNOW HAVING THEM PROPERTY MANAGEMENT HAVING HAD TO DO THAT IN LANDLORD TENANT COURT YOU MIGHT NEVER YOU'RE NOT GUARANTEED [INAUDIBLE] NEVER SEE THAT MONEY A LOT THAT MONEY YOU KNOW AFTER SEVEN YEARS YOU KNOW THEY CAN NO LESS YOU STAY ON TOP OF IT'S JUST NOT WORTH IT. IT'S NOT WORTH COLLECTING THAT HUNDRED BUCKS AND CHASING IT DOWN AT SOME POINT IN TIME WHEN IT'S SO SMALL. SO WHEN I LOOK AT IT I JUST I DON'T THINK THAT IT'S GOING TO HAVE ANY IMPACT.

AND YOU KNOW I THINK EVERYBODY UP HERE NO MAYOR CERTAINLY THOSE HAVE BEEN UP HERE FOR FOR A COUPLE YEARS I NEVER WANT TO WRITE A LAW AND ADD SOMETHING TO THE CODE JUST TO DO IT. I GOT TO HAVE SUBSTANTIAL REASON AND I DON'T I JUST DON'T SEE SUBSTANTIAL REASON ON THIS ONE. MAYOR. HELLO. JUST ONE MORE THING. SO SORRY. IT'S THE LAST THING. SO IF YOU LOOK IF YOU LOOK AT IT YOU'RE A YOUNG MAN 20 YEARS OLD YOU GET PULLED OVER WHAT'S GOING TO MAKE MORE OF A DIFFERENCE IN REGARDS TO CHANGING YOUR LIFE AND MAKING SURE YOU DON'T DO IT AGAIN HAVING THE MARIJUANA YOU KNOW GET RID OF AND YOU LET GO OR 15 HOURS OF COMMUNITY SERVICE OR PAYING THE FINE. WE'RE TALKING ABOUT ADDING TEETH OR REMOVING TEETH. THAT'S THAT'S WHAT THIS DOES. THIS ADDS TEETH IN THAT SENSE WHERE THE NUMBERS DEFINITELY ARE GOING TO CHANGE. I KNOW THE NUMBERS FOR PEOPLE THAT GO MOST LIKELY IS GOING TO BE LESS. BUT I WANT TO MAKE SURE LIKE LIKE COUNCILMAN SANTIAGO SAY WE'RE NOT SUPPORTING LEGALIZATION. WHAT I'M TRYING TO DO IS MAKE SURE WE SUPPORT OUR COMMUNITY AND THIS IS SOMETHING THAT'S BEEN LONG OVERDUE WHICH IS WHY I BROUGHT IT UP BUT I'M LOOKING AT IT AS OK FIRST OFFENSE YOU LOOK AT THEM I PULLED UP THE NUMBERS FOR BROWARD COUNTY THEY HAD TWO

[01:55:03]

LAST THING. MAYOR. AS WELL I GOT SOME INPUT WHEN I HAVE A CHANCE. THE ONLY THING I JUST WANTED TO SAY REAL QUICK I'LL BE SUPER QUICK. IS THAT THE MEDICAL MARIJUANA IT WAS LEGALLY PASSED BY THE VOTERS AND DON'T GET ME WRONG I THINK THIS ISSUE IS COMING BACK AND I THINK THE VOTERS ARE GOING TO MAKE IT COMEBACK BECAUSE I THINK IT'S LEGAL WITHIN THE NEXT FIVE YEARS SO I THINK WE'RE DOING A LOT OF WORK THAT'S GOING TO BE TAKEN OUT OF OUR HANDS ANYWAYS. BUT THIS IS STILL ILLEGAL. IT'S YOU KNOW AND I DON'T KNOW THAT THIS IS GOING TO JUST STOP ANYBODY FROM DOING ANYTHING AND I THINK THE LEINS ARE NOT GOING TO DO ANY. THAT'S THAT'S IT. OH SORRY. YEAH I JUST I JUST ALSO WANTED TO TOUCH ON SOMETHING THAT COUNCILMAN JOHNSON SAID BECAUSE THAT'S ONE OF THE THINGS THAT THAT I THAT I THOUGHT OF TOO IN MY THOUGHT PROCESS AND WITH REGARDS TO THIS ORDINANCE AND THAT IS THAT YES WHILE 60 PERCENT ARE BEING LET GO I THINK COUNCILMAN JOHNSON SAID IT RIGHT THERE JUST BEING LET GO. AND YOU KNOW IT'S IT'S NATURAL FOR US OR DOING SOMETHING THAT WE ALL KNOW IS PERCEIVED AND KNOW THAT IS WRONG. AND THEN WHEN WE'RE LET GO FOR THAT YOU KNOW WE THINK WELL YOU KNOW I WAS LET GO. I COULD PROBABLY GET AWAY WITH IT AGAIN. WHEREAS IN THIS CASE IT'S NO LONGER JUST A PERSON JUST GETTING LET GO NOW IT'S OK YOU GOT CAUGHT WITH THIS. NOW YOU'RE GOING TO PAY A FINE OR YOU'RE GOING TO DO SOME COMMUNITY SERVICE AND THEN THERE'S GONNA BE A SECOND AND THERE'S GOING TO BE A THIRD AND WE'RE NOT GOING TO STOP THERE. SO I THAT'S ONE OF THE THINGS I THOUGHT OF BECAUSE I THOUGHT THAT TOO WELL YOU KNOW WE DO LET GO 60 PERCENT BUT THEN I SAID WELL BUT WE'RE JUST LETTING THEM GO AND THAT'S IT. AND THAT TO ME IS A PROBLEM BECAUSE IF WE'RE JUST LETTING PEOPLE GO WHEN THEY HAVE ILLEGAL HAVE POSSESSION OF ILLEGAL NARCOTICS AND WE'RE JUST LETTING THEM GO THEN THEN I DON'T THINK WE'RE DOING OUR JOB IN TERMS OF TAKING CARE OF THAT ISSUE THAT CAN BECOME A BIGGER ISSUE DOWN THE LINE. AND THAT'S ONE OF THE THINGS THAT JUST CHANGED MY THOUGHT PROCESS IN THIS AND THAT IS TO TO GIVE IT SOME TEETH TO GIVE IT SOME INVOLVEMENT FROM US TO THAT INDIVIDUAL WHO GOT CAUGHT WITH THAT YOU KNOW WITH THAT THAT THAT MARIJUANA SO THAT I JUST WANTED TO GET MY INPUT INTO THAT. JENNIFER. MAYOR I'M JUST ON BEHALF OF THE CITY ATTORNEY'S OFFICE. WE HAVE SOME HEARTBURN REGARDING THE LANGUAGE AND IF I COULD RECAP THE TWO CHANGES YOU WANTED TO MAKE. UNDER D 1 AND D 2 FROM [INAUDIBLE] DID THAT. AND ALSO. WE DID NOT DO THAT. NO NO. THAT ONE. THAT'S RIGHT. NO NO. THAT [INAUDIBLE]. IT IS SHELL. IT'S JUST A SHELL. [INAUDIBLE]. OK. IT'S UNDER G 1 AND 2 THE [INAUDIBLE]. OK. THAT'S ALL THAT'S CHANGING. OK. SO OUR CONCERN WITH THAT RELATES TO AND THE CHIEF MAY OR MAY NOT HAVE INPUT ON THIS AS WELL REGARDING SPEEDY TRIAL ISSUES AND COMPLICATIONS OF US COLLECTING AND THEN IF YOU'RE MANDATING THAT IT'S GOING TO THE STATE ATTORNEY'S OFFICE EVERY TIME IT'S TAKING AWAY SOME DISCRETION AND OPTIONS AND IT'S KIND OF TAKING AWAY FROM THE GOAL OF HAVING THIS OPTION. IT PRESENTS DIFFERENT COMPLICATIONS WITH RESPECT TO THAT BECAUSE OF THE INCIDENT DATE AND IF THE I THINK 90 DAYS CHIEF SPEEDY TRIAL FOR MISDEMEANORS. YEAH.

SO WE MAY HAVE SOME COMPLICATIONS WITH THAT IF YOU MANDATE IT GOES TO THE STATE ATTORNEY'S OFFICE EVERY TIME. SO SENDING IT TO THE STATE ATTORNEY'S OFFICE WAS PRESENTED AS AN OPTION NOT A MANDATE AND THAT'S WHY IT'S IN THERE. YOU'RE [INAUDIBLE] FILING A LIEN YOU KNOW THAT'S ONE WAY AND THEN BUT IF YOU'RE MANDATING THAT EVERY ONE OF THEM'S GONNA GO TO THE STATE ATTORNEY'S OFFICE THEY MAY OR MAY NOT PROSECUTE THAT'S ON THEM BUT A LOT OF TIMES THEY'RE GOING TO HAVE THAT SPEEDY TRIAL ISSUE AS WELL SO THAT WOULD BE OUR INPUT FOR YOU TO CONSIDER ON THAT.

[02:00:01]

BROUGHT TO TRIAL WITHIN 90 DAYS OF ARREST. WHEN WOULD THE ARREST ACTUALLY OCCURRED BECAUSE THEY'RE NOT BEING ARRESTED AT THE CIVIL CITATION. AND THAT AND THAT MAKES IT MORE COMPLICATED [INAUDIBLE]. SO WHAT. [INAUDIBLE]. WHAT THAT MEANS IS THAT NOW THE MAY IS COMPLETELY IRRELEVANT THEN BECAUSE IF YOU CAN'T BRING IT BACK IT DOESN'T MATTER IF IT SAYS MAY OR SHALL IN THAT SITUATION. MAY GIVES MORE OPTIONS. MAY GIVES OPTIONS. THE MAY ALLOWS YOU OUT OF OF IT. YOU CAN MAKE YOU CAN MAKE YOUR YOU CAN MAKE YOUR ARGUMENTS EITHER OR BECAUSE I THINK AT THIS POINT RIGHT NOW I KNOW EVERYBODY GOT TO SPEAK SO THE REALITY HERE IS THAT THIS IS NOTHING BECAUSE I HEAR THE THING ABOUT AGAINST THE POLICE DEPARTMENT THIS HAS NOTHING TO DO THIS THIS [INAUDIBLE] HAS NOTHING TO DO ON THE WORK THAT THE POLICE DEPARTMENT DOES IN OUR CITY WHETHER 60 PERCENT WHETHER 20 PERCENT THAT'S NOT WHAT THIS IS ABOUT. THIS IS ABOUT I HATE TO USE THAT TERM ANOTHER TOOL IN THE BOX STUFF.

BUT THE REALITY IS IS THAT THERE'S AN UNDERSTANDING THAT CULTURALLY WE'RE CHANGING. WE'RE EVOLVING. SO IF WE ARE EVOLVING THIS IS ONE OF THOSE TOOLS THAT HELPS OK INTO THE FUTURE. NOW WE ENACT THIS AND WE EVALUATE AS WE GO BECAUSE WE'VE HAD LAWS ON THE BOOKS THAT IF WE LOOK BACK AND THEN COME FORWARD WHEN IT COMES TO ALCOHOL AND OTHER THINGS THAT WE'VE HAD OK. I KNOW THAT SOMETIMES WE WANT TO BE STICKLERS FOR CERTAIN THINGS BUT ALCOHOL IS LEGAL AND TO ME IT HAS A BIGGER IMPACT ON THE COMMUNITY ESPECIALLY AT A YOUNG AGE COMMUNITY TEENAGER. THEY'RE EXPERIMENTING SIDE OF IT OK. BECAUSE WE ALL BEEN YOUNG. YOU COULD LIE TO YOURSELF NOW BUT WE'VE ALL BEEN YOUNG AND WE ALL DONE STUPID THINGS AND ALL THIS IS SAYING IS OK WELL WE KNOW THE POLICE DEPARTMENT IS DOING A GREAT JOB. LET'S JUST ADD THIS BECAUSE MAYBE WE'RE NOT TWO MILLION RIGHT NOW BUT WE'RE ONE HUNDRED AND SEVENTEEN THOUSAND AND GROWING. AND MAYBE THIS COULD HELP MAYBE MAYBE THERE'S A LOT OF MAYBES. BUT AT LEAST LET'S GIVE IT A TRY. THERE'S OTHER COMMUNITIES THAT ARE GIVING IT A TRY. THERE'S A REASON FOR IT. SO GIVING IT A TRY DOESN'T HURT IT'S JUST KEEPS US AHEAD OF THE GAME LIKE THEY SAY YOU KNOW AS BETTER TO BE PREVENTIVE THAN REACTIVE. BUT THAT'S MY TWO CENTS. THAT'S WHY I WOULD SUPPORT THIS. AND I THINK THAT BECAUSE OF THE RECOMMENDATION OF OUR CITY ATTORNEY IN REGARDS TO MAY AND SHALL I THINK IT SHOULD GO BACK TO MAY INSTEAD OF BEING SHALL BECAUSE THEN THAT GIVES THE OPTION TO BE ABLE TO DEAL WITH IT IN AN APPROPRIATE TIMETABLE. A WEEK AGO BACK AND FORTH IN REGARDS TO WHAT OUR POSITIONS ARE AND I'M GOING TO GET TO THE POINT OF CALLING IT BECAUSE I DON'T WANT TO SPEND TWO HOURS HERE. ALL RIGHT MAYOR I HAVE A QUESTION THAT'S A FAIR QUESTION THAT MANY PEOPLE IN THE PUBLIC WOULD LIKE TO KNOW AS WELL. AND JENNIFER I'M SORRY FOR PUTTING YOU ON SPOT I WISH WE HAD A CHANCE OF NO FOR FOR LEGAL STAFF TO HAVE GOT BACK TO ME BEFORE THE MEETING TODAY BUT AS FAR AS THE QUESTIONS I ASKED YESTERDAY. BUT MY QUESTION IS RIGHT THIS SECOND CAN YOU TELL THIS COUNCIL THAT WE CAN GO BACK AND ISSUE THE CRIMINAL CITATION AFTER THE FACT.

MEAN IF IT'S YOU IF YOU MAKE IT SHALL IS THAT WHAT YOU'RE SAYING. WELL IT REALLY DOESN'T MATTER EITHER WAY. I MEAN IF WE IF WE GO BACK TO THE ORIGINAL LANGUAGE HERE IT SAYS THEY MAY GO WE MAY DO THIS. CAN CAN WE AFTER THE FACT AFTER ISSUING THE CIVIL CITATION WITH NO ARREST GO BACK AND GIVE A CRIMINAL CITATION. THAT WOULD BE THE

[02:05:08]

JUST LIKE A RED LIGHT CAMERA TICKET RIGHT LIKE YOU GET A NOTICE OF VIOLATION IF YOU DON'T PAY IT TURNS INTO YOU KNOW TRAFFIC CITATIONS SIMILAR. WHO USE THE PRONOUN THEY. WHO ARE YOU WHO ARE YOU MEANING BY THEY. SORRY. WHEN YOU SAID THEY. WHO DO YOU MEAN BY THEY. WHO IS THAT. WHETHER THEY PICK IT UP. STATE ATTORNEY'S OFFICE I BELIEVE. OH THE STATE ATTORNEY'S OFFICE SORRY. WELL THAT'S THAT'S I MEAN THAT DOESN'T MATTER WHAT WE [INAUDIBLE]. THEY THEY ELECT TO YOU KNOW WHETHER TO FILE CHARGES ON IT OR NOT.

BUT YOU'RE SAYING THAT OUR POLICE OFFICER CAN GIVE THE CHARGE AFTER THE FACT.  WOULD BE THE ONES REFERRING IT OVER TO THE STATE ATTORNEY'S OFFICE IS MY UNDERSTANDING FROM THE WAY THIS IS WRITTEN. SO HOW DOES THE AND AND OR CHANGE THE ABILITY TO DO THAT. YOU WOULD BE MANDATING IT. ALL RIGHT. HOW DOES THAT CHANGE THEM HOW DOES THAT CHANGE THE POLICE OFFICER'S ABILITY TO GIVE THE CITATION. I MEAN YOU'RE SAYING THAT THE POLICE OFFICER CAN. [INAUDIBLE]. TALKING ABOUT AFTER THE FACT IF IT DOESN'T GET COLLECTED G 1 RIGHT. YEAH IF IT DOESN'T GET COLLECTED OR THEY DON'T SERVE THEIR WHATEVER THEY [INAUDIBLE]. THIS IS TALKING ABOUT IF THEY DON'T PAY THEIR FINE YOU KNOW THEY DON'T DO THE COMMUNITY SERVICE THEY DON'T HAVE A HEARING AND GET EXONERATED SO TO SPEAK. WE CAN GO TO OUR COLLECTION METHODS OR REFER IT TO THE STATE ATTORNEY'S OFFICE AS A CRIMINAL CASE. AND SO WHAT I'M SAYING IS IT SHOULD BE REFERRED AS A CRIMINAL CASE IF WE'RE GOING TO IF WE'RE GOING TO DO IT THAT WAY. AS FAR AS THE OFFERS NOW FAR AS THE OFFICER GOES THEY'LL KNOW THAT UPFRONT WHATEVER WE WRITE IN THERE. BUT I'LL HAVE MORE CONVERSATIONS TOMORROW WITH MS. SMITH AS  FAR AS SOME OF THAT LANGUAGE IT SOUNDS LIKE IT IS GOING TO PASS TONIGHT. THAT'S OK.

I'M DISAPPOINTED THAT IT WOULDN'T WE WOULDN'T HAVE ENFORCEABILITY BEHIND IT BUT I DO WANT TO MAKE THIS BECAUSE WE WERE HAVING A DEBATE AND THE DEBATE SHIFTED AND I THINK I THINK THERE WERE GOOD ARGUMENTS MADE ON [INAUDIBLE] THE DEBATE SHIFTED FROM SAVING SOMEBODY FROM HAVING AN ARREST AND RUINING THEIR CAREERS TO PUNISHING PEOPLE WHO ARE GETTING OFF AND I DON'T DISAGREE. I THINK THAT IT'S MORE LIKELY GOING TO BE PEOPLE THAT ARE GETTING OFF MIGHT GET THE CIVIL CITATION RATHER THAN GET OFF. I DON'T DISAGREE WITH THAT CONCEPT. BUT WHENEVER I TALKED ABOUT WHAT THE ORIGINAL INTENT WAS ORIGINAL INTENT WAS SAVING PEOPLE FROM HAVING SOMETHING ON THEIR RECORD THAT'S GOING TO AFFECT THEM [INAUDIBLE] WHAT EVERYBODY SAID AT BEGINNING FROM GETTING TO COLLEGE, GETTING A JOB, GETTING INTO THE MILITARY, WHATEVER IT IS. THAT'S STILL THE POINT WHERE I WAS TALKING ABOUT BUT THEN EVERYTHING SHIFTED TO WELL WE HAVE PEOPLE ARE GETTING OFF AND SO I WANT MAKE SURE THAT'S CLEAR. WE CAN SHIFT THE ARGUMENTS BACK AND FORTH BUT DOESN'T CHANGE THE ORIGINAL INTENT  HERE. THE IDEA HERE IS THAT WE'RE GOING I THOUGHT THE IDEA WAS WE'RE TOO HARD ON PEOPLE WITH MARIJUANA. THAT'S WHAT THE SPEAKERS EVEN EVEN MENTIONED THAT WE'RE WE'RE GETTING LESSER ON THAT NOW WE'RE SAYING WE WANT TO BE HARDER ON IT. SO THAT'S ONE OF THOSE THINGS WHERE IT'S KIND OF LIKE I DON'T REALLY KNOW WHAT WE'RE DOING OTHER THAN ARGUING TO GET SOMETHING PASSED ONE WAY OR THE OTHER. AND SO THAT'S THAT'S JUST A REALLY BIG LITTLE BIT PET PEEVE FOR ME HERE AS WE STAND FOR IT BUT I KNOW WE'RE GONNA HAVE A SECOND CHANCE TO DEBATE THIS IN TWO WEEKS. I DO HOPE TO COME BACK WITH SOME MORE CLARIFICATION FROM THE STAFF FROM ATTORNEYS OFFICE STAFF AS FAR AS SOME OF MY QUESTIONS BECAUSE WHEN I SIT HERE AND LISTEN TO WHAT'S BEING SAID RIGHT NOW WHAT WE'RE SAYING EITHER WE CAN DO IT OR WE CAN'T AND IF WE'RE GOING TO ENFORCE IT I DO NOT THINK TAKING INTO COLLECTIONS THE WAY TO ENFORCE IT THE WAY TO ENFORCE IT IS THAT YOU'RE GOING TO GET A CRIMINAL CITATION BECAUSE THEY KNOW THAT YOU'RE GOING TO GET A CRIME A CITATION. THEY'RE GOING TO FIND A WAY TO PAY IT IF THEY HAVE ANY ABILITY. IT DOESN'T GO YOUR WAY IN REGARDS TO THE LANGUAGE YOU WANT. THAT'S WHY WE VOTE. SO AT THIS POINT OUR CITY ATTORNEY HAS RECOMMENDED TO THE MOTION MAKER TO CHANGE BACK TO MAY SO. AND I ACCEPT THOSE RECOMMENDATIONS FROM CITY. WE NEED TO [INAUDIBLE]. OK [INAUDIBLE]. WITHDRAW YOUR SECOND. MAKE A MOTION AGAIN. ALL RIGHT. I'M MAKING A MOTION TO APPROVE ORDINANCE 2019-25  WITH INTENT FOR STAFF TO PROVIDE A REVIEW FOR COUNCIL SEMI ANNUALLY FROM THE EFFECTIVE DATE. SECOND. SECOND BY COUNCILMAN SANTIAGO. ONE LAST SENTENCE. JUST I THINK IF YOU'RE GETTING LET GO BY A POLICE OFFICER IT IS NOT A HAPPY EXPERIENCE. I DON'T THINK YOU'RE LIKE OH COOL I'M GOING TO GO DO THIS TOMORROW NIGHT I JUST WANTED TO PUT THAT OUT THAT I DON'T THINK THEY'RE GIVING YOU AN AT A BOY. I THINK THEY'RE LETTING YOU KNOW THAT THIS IS YOUR ONE FREE PASS AND THEN IT AIN'T NEVER GONNA HAPPEN AGAIN. OK. ON THAT NOTE I'M GOING TO CALL IT. I CONCUR. OK. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSE SAY NAY. NAY. NAY SORRY.

TWO NAYS. 3-2. OK. ITEM NUMBER 2 JENNIFER. THANK YOU MAYOR ORDINANCE NO. 2019-40

[02:10:15]

BILL BATTIN 586 OCEAN SPRAY STREET SW. ONE MORE TIME FOR YEARS AND YEARS AND YEARS I'VE HEARD BILL WE NEED TO GET BUSINESS INTO THIS IN THE CITY OF PALM BAY BECAUSE BUSINESS BECAUSE RESIDENTS AREN'T GONNA BE ABLE TO COVER THE TAX BASE THAT WE NEED TO SUPPORT THE CITY. SO HERE'S ONE MORE TIME WHEN A BUSINESS COMES IN IT'S GOING TO BOOST MY TAX MY TAX REVENUE ON WHAT DO WE DO THE FIRST THING WE DO IS WELL LET'S JUST TAKE THEM OFF OUR AD VALOREM TAX SO THEY DON'T HAVE TO PAY TAXES. IT DEFEATS IT'S HYPOCRITICAL TO SAY THIS IS WHAT WE HAVE TO DO AND THEN ON YOUR NEXT STATEMENT TO SAY WE'RE NOT GOING TO DO IT YET YOU'RE GOING TO ASK ME TO PAY FOR CHURCHES UNDER MY UNDER MY STORMWATER FEE. I HAVE TO PAY FOR CHURCHES. SO NOW YOU'RE SAYING OK BILL YOU NOT ONLY HAVE TO PAY YOUR SHARE BUT YOU HAVE TO PAY SOMEBODY ELSE'S SHARE. SO WHERE ARE WE WITH THIS THING ABOUT WHO GETS THE BREAKS AND WHO DON'T GET THE BREAKS. FOR YEARS YOU'VE TOLD ME TO INCREASE OUR AD VALOREM TAX REVENUE BASE.

WE NEED BUSINESSES. WELL HERE'S A BUSINESS COMING INTO THE CITY OF PALM BAY AND THEY WOULD GENERATE A LOT OF REVENUE FOR THE CITY OF PALM BAY IN MY AD VALOREM TAX.

THAT'S WHAT YOU SAID YOU WANTED TO DO. THAT'S WHAT YOU'VE BEEN PUSHING AND THAT'S WHAT YOU'VE BEEN TELLING ME ALL ALONG. BUSINESSES NEED TO PAY THEIR SHARE BECAUSE THAT'S WHAT'S GOING TO ADVANCE THE CITY. AND I'LL SHOW YOU CASE IN POINT WHERE OTHER BUSINESSES PRIMARILY DEVELOPERS ARE GETTING BIG BREAKS. I'M PAYING THE BILLS AND THEY'RE NOT PUTTING ANYTHING INTO THE KITTY. SO AS I STARTED WHEN IT HAD A DIFFERENT NAME I SAID YOU SHOULDN'T DO THAT THEN. AND I'M SAYING IT AGAIN NOW GIVING THE BREAKS FOR BUSINESSES FOR AD VALOREM TAX BREAK. YOU'RE BEING TWO SIDED COIN. AND IT'S HEADS ON BOTH SIDES AND UNFORTUNATELY I ALWAYS GET TAILS.

THANK YOU VERY MUCH. OK BILL. LISA. THANK YOU MAYOR. THE THE THE AMENDMENT TONIGHT IS JUST A NAME THE PRODUCT PRODUCT RAINBOW TO THE ACTUAL MIDWEST DENTAL ARTS IT'S UP TO COUNCIL DECIDE IF THEY WANT TO MOVE FORWARD. COUNCIL GONNA NEED A MOTION.

MOTION TO APPROVE ORDINANCE 2019-40 GRANT AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO MIDWEST DENTAL ARTS. SECOND. SECOND. SECOND BY COUNCILMAN SANTIAGO. ANY FURTHER DISCUSSION ON THIS ITEM COUNCIL IF NOT. MAYOR. I JUST WANTED TO NOTE THAT NO KIND OF ADDRESSING MR. BATTIN'S POINT TOO BUT I GOT TO SAY THIS IS BETTER THAN SUBSIDIZING HOUSING AND SUBSIDIZING LOW INCOME JOBS AT LEAST IT'S HIGHER INCOME JOBS. I'LL GIVE THAT. WE'RE STILL GONNA SEE THE REST OF THE DETAILS IN THE END. BUT RIGHT NOW WE'RE JUST MOVING THROUGH THE PROCESS. IT IS I BELIEVE THEY WERE OPENING A FIVE MILLION DOLLAR BUILDING NEW FACILITY AND IT WAS 80 PERCENT.

THEY WERE GETTING THE AD VALOREM SO WE ARE GOING TO SEE SOME REVENUE. WITH THAT I'M GONNA CALL IT ALL IN FAVOR SAY AYE. AYE. ALL OPPOSE SAY NAY. MOTION CARRIES. ITEM NUMBER 2 LEASE ON THE NUMBER 3 LEASE [INAUDIBLE]. YES MAYOR THE NAYFRONT REDEVELOPMENT AGENCY WE GAVE APPROVAL TO REPAY [INAUDIBLE]  I'M SORRY THERE'S A BOND THAT WE THE FEES AND THEN YOU HAVE THE UNUSED AMOUNT OF NINE HUNDRED EIGHTY EIGHT THOUSAND DOLLARS WE PUT THOSE PROCEEDS TO THE CURRENT OUTSTANDING DEBT AND THEN THE OTHER ACTION IS REQUIRED JUST FOR ACCOUNTING FUNDS BETWEEN THE 181 FUND AND THE 303 FUND FOR  BAYFRONT.  [INAUDIBLE]. [INAUDIBLE]. BILL BATTEN 586 OCEAN SPRAY STREET SW. THIS IS A PLUS INSTEAD OF THE NEGATIVE. SO YOU DO GET BOTH FROM BILL BATTIN RIGHT. THIS WILL SAVE US MONEY IN THE LONG RUN. WHAT I DON'T WANT TO SEE IS IN TWO YEARS FROM NOW SAYING OH WHILE WE RAN OUT OF BUILDING FUND MONEY FOR BAYFRONT FOR THE BCRA. SO NOW WE HAD TO TAKE OUT A LOAN AND WE'RE GOING TO TAKE OUT A LOAN TO BUILD SOMETHING IN THE SAME AREA WHERE WE HAD

[02:15:03]

MOTION TO APPROVE CONSIDERATION OF TRANSFERRING BAYFRONT COMMUNITY REDEVELOPMENT AGENCY FUNDS TO COVER THE CURRENT OUTSTANDING NINE HUNDRED EIGHTY EIGHT THOUSAND.

SECOND BY COUNCILMAN BAILEY. ANY FURTHER DISCUSSION COUNCIL. IF NOT A I'M GONNA CALL IT ALL IN FAVOR SAY AYE. AYE. ALL OPPOSE SAY NAY. MOTION CARRIES UNANIMOUS. ITEM NUMBER 5 TERRY. YES MAYOR STAFF WOULD LIKE TO SCHEDULE A JOINT WORKSHOP WITH THE POLICE AND FIREFIGHTERS PENSION PLAN BOARD OF TRUSTEES ON THURSDAY JULY 25TH AT 6:00 P.M.. OK IS EVERYBODY AVAILABLE ON THAT DAY. [INAUDIBLE] CALENDAR. WHAT WAS THE DAY AGIAN. [INAUDIBLE] ROSEMARY SENT THAT OUT. [INAUDIBLE]. IT'S THURSDAY. [INAUDIBLE]. WE'RE GOOD.

THURSDAY JULY 25TH. SHE PUT A HOLD ON ALL OF US. SO WITH THAT. [INAUDIBLE].

ALL RIGHT. ADMINISTRATIVE AND LEGAL REPORTS LISA. [INAUDIBLE] THANK YOU.

JENNIFER. NO SIR THANK YOU. PUBLIC COMMENTS.  BILL BATTIN. BATTIN 586 OCEAN SPRAY

[Public Comments/Responses]

OTHER THAN THAT I'M GOOD. AND I THINK YOU DID YOU'RE IMPROVING GREATLY. THAT'S A PAT ON THE BACK FROM BILL BATTIN OK. OK. AND THE MORE IN THESE CONTRACTS THAT I'M READING WITH ST. JOHNS HERITAGE PARKWAY THE MORE AND MORE I'M GETTING DISAPPOINTED AND SO I'M LOOKING MORE FORWARD TO THAT PRESENTATION THAT'S COMING. OK. AND ANOTHER ONE FOR THE TEACHERS OF PALM BAY OR FROM BREVARD COUNTY. I JUST HEARD A REPORT TONIGHT THAT BREVARD COUNTY HAD THE HIGHEST TEST SCORES OF ALL IN THE STATE IN ALL AREAS WHICH I THOUGHT WAS A PRETTY GOOD ACCOMPLISHMENT SO SOME TEACHERS MUST BE DOING RIGHT. IF THAT'S WHAT WE HAVE ACCOMPLISHED TO BREVARD SCHOOLS OK. THANK YOU VERY MUCH. THANK YOU BILL. ANYTHING. NO. WITH THAT MEETING ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.