Aug 13, 2019 Council Meetings - Regular

[00:00:01]

I'M GOING TO CALL OUR REGULAR COUNCIL MEETING TO ORDER. OUR INVOCATION IS GOING

[Call to Order]

TERESE, ROLL CALL. MAYOR CAPOTE. HERE. DEPUTY MAYOR ANDERSON. HERE. COUNCILMAN SANTIAGO. HERE. COUNCILMAN BAILEY. PRESENT. COUNCILMAN JOHNSON. HERE. MRS. MORRELL. PRESENT. MRS. SMITH. 

[Announcements]

[00:05:01]

[Agenda Revisions & Consent Agenda]

ANY FURTHER DISCUSSION ON THAT ITEM COUNCIL. IF NOT I'M GOING TO CALL IT ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED. OKAY THAT'S DONE. THANK YOU. NOW ANY AGENDA REVISIONS, COUNCIL? CONSENT AGENDA I MEAN. YOU PULLING SOMETHING? NO NO NO. NUMBER TWO YOU SAID. NEW BUSINESS NUMBER 2. YES. YEAH. SORRY. COMING BACK TO THAT. OKAY.

NOW I NEED A MOTION. MOTION TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF SCRIBERS ERROR OF MISCELLANEOUS UNDER PROCUREMENTS THE AMOUNT SHOULD REFLECT  159,877 RATHER THAN O114,411, THE CORRECTION IN THE ROAD BOND NUMBER TO 3,049 AND THE REMOVAL OF NEW BUSINESS NUMBER TWO. OKAY I NEED A SECOND. SECOND. SECOND BY COUNCILMAN SANTIAGO. ANY FURTHER DISCUSSION COUNCIL. IF NOT I'M GONNA CALL IT ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED SAY NAY. MOTION CARRIES. ANYTHING TO READ SMITH. YES SIR. RESOLUTION NUMBER  2019-26 A RESOLUTION OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA ADOPTING THE BROWARD COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN CMP PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NUMBER 2019-49 AN ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA AMENDING THE CODE OF ORDINANCES CHAPTER 55 POLICE FIREFIGHTERS RETIREMENT PENSION PLAN ENDING PROVISIONS RELATED TO DEATH AND DISABILITY BENEFITS.

IMPLEMENTING THE CONCLUSIVE CANCER PRESUMPTION ESTABLISHED BY SECTION  126.1816 FLORIDA STATUTES PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE WITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NUMBER 2019-50 AN ORDINANCE OF THE CITY OF PALM BAY BREVARD  COUNTY FLORIDA AND MANY IN THE CODE OF ORDINANCES. TITLE 5 LEGISLATIVE CHAPTER 64 BUSINESS IMPROVEMENT DISTRICT SUBCHAPTER CREATION OF CITY OF PALM BAY BUSINESS IMPROVEMENT DISTRICT MODIFYING PROVISIONS RELATED TO THE GOVERNING BODY OF THE DISTRICT PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE WITH PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES PROVIDING FOR A SEVERABILITY CLAUSE PROVIDING FOR AN EFFECTIVE DATE. OK. THANK YOU MRS. SMITH. MOVING ON TO RECOGNITION.

[Recognition]

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RAISE YOUR RIGHT HAND. I STATE YOUR NAME. DO SOLEMNLY SWEAR. I NELSON MOYA SOLEMNLY SWEAR THAT I WILL SUPPORT PROTECT AND DEFEND THAT I WILL SUPPORT PROTECT AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES THE STATE OF FLORIDA STATE OF FLORIDA AND THE CHARTER OF THE CITY OF PALM BAY CHARTER FOR THE CITY OF PALM BAY THAT I AM DULY QUALIFIED TO HOLD OFFICE. THAT I AM DULY QUALIFIED TO HOLD OFFICE AND THAT I WILL WELL AND FAITHFULLY PERFORM THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF CHIEF OF POLICE THE DUTIES OF CHIEF OF POLICE ON WHICH I AM NOW ABOUT TO ENTER ON WHICH I AM NOW ABOUT TO END ON MY HONOR ON MY HONOR I WILL ALWAYS UPHOLD MY INTEGRITY. I WILL ALWAYS HOLD MY INTEGRITY MY CHARACTER MY CHARACTER AND THE PUBLIC TRUST AND THE PUBLIC TRUST. SO HELP ME GOD. SO HELP ME GOD. CONGRATULATIONS.

[APPLAUSE] WOW. I MUST TELL MR. MADINA THAT I WORKED VERY HARD ON MY HAIR AND HE MESSED IT UP. GOOD EVENING EVERYBODY AND THANK YOU FOR JOINING ME AND MY FAMILY ON THIS PERSONALLY MOMENTOUS AND JOYOUS OCCASION.

IT IS OVERWHELMING. AS I LOOK OUT INTO THIS AUDIENCE AND SEE SO MANY FACES THAT I RECOGNIZE THAT I CURRENTLY WORK WITH THAT I CONSIDER MY FAMILY THOSE THAT I HAVE PREVIOUSLY WORKED WITH CHIEFS THAT HAVE LED THE WAY CHIEFS FROM OTHER AGENCIES IN THIS COUNTY COMMUNITY LEADERS CITY STAFF AND CERTAINLY THE MEMBERS AND CITIZENS OF THIS COMMUNITY. IT IS OVERWHELMING TO ME AS MY DAUGHTER IS TRYING TO RUIN MY MY MOMENT. IT'S ALL GOOD. IT'S ALL GOOD. SO AS I SAID IT IT IS IMPORTANT AN IMPORTANT ACCOMPLISHMENT PERSONALLY FOR ME. HOWEVER I AS YOU KNOW THIS IS MUCH BIGGER THAN APPOINTMENT TO THE CHIEF OF POLICE. IT CELEBRATES THE QUALITY OF LEADERSHIP THAT WE VALUE IN THIS ORGANIZATION. IT IS A VALUE THAT WE PRACTICE EVERY DAY. WE READ LEADERSHIP AT ALL RANKS. WHETHER YOU ARE CIVILIAN OR WHETHER YOU'RE SWORN WE VALUE GROWTH WITHIN THE ORGANIZATION. ALL WITH THE INTENT OF PROVIDING THE SERVICE TO THIS COMMUNITY TO THIS COMMUNITY. THIS CITY IS AT THE CUSP OF ADDITIONAL GROWTH AND WITH THE HELP AND THE LEADERSHIP OF MY FELLOW DIRECTORS THE SUPPORT OF OUR COUNCIL OUR CITY STAFF. MR. MAYOR THANK YOU DEPUTY MAYOR. DEPUTY CITY MANAGER CITY ATTORNEY CERTAINLY LISA MORRELL OUR CITY

[00:15:06]

AND FOR THAT I VALUE THAT I WILL COMMIT TO YOU THAT WE WILL CONTINUE TO SHOW YOU ON A DAY TO DAY BASIS. WE CAN'T DO THAT WITHOUT COMMUNITY ENGAGEMENT. AND AS I LOOK AND I SEE SOME CIVIC LEADERS AND SOME FOLKS THAT LEAD IN THIS COMMUNITY. THAT SHOULD BE REPRESENTATIVE OF WHAT I'M TALKING ABOUT WE CAN'T FIGHT CRIME WITHOUT YOU. AND I THINK WE'VE PROVEN THAT AND MY COMMITMENT TO THIS COMMUNITY IS THAT WE WILL CONTINUE THAT PROCESS AND THAT WE WILL ENHANCE IT WHENEVER WE CAN. AND ASSUMING ANY PLATFORM FROM WHICH TO ENGAGE WITH YOU WHICH IS WHAT WE'RE DOING AT THIS VERY MOMENT. AND THANK YOU. AND LASTLY THE VALUE OF MENTORING AND GROWING EACH OTHER. I SEE FOLKS IN THAT AUDIENCE IN PARTICULAR THAT I'VE HAD THE ABSOLUTE PLEASURE OF PROMOTING OF MOVING ALONG IN THEIR CAREERS ARE PUTTING THEM WHERE THEY WANT TO BE TO SUCCEED AND THAT IS SOMETHING THAT WE CHERISH BECAUSE WE KNOW IF WE MAXIMIZE WHO THEY ARE THEY'RE GOING TO MAXIMIZE THE SERVICE THEY PROVIDE TO YOU. I KNOW THAT NOW. THIS BUSINESS OF LEADERSHIP HAS VERY LITTLE TO DO WITH THE PROCESSES THAT WE HAVE TO DO AS ADMINISTRATORS. I'M ALMOST DONE BABY. IT TRULY IS ABOUT LEADING PEOPLE ABOUT LOVING PEOPLE. AND LET ME LET ME SHARE THIS WITH YOU IF I MAY IN CLOSING YOU KNOW I'VE BEEN HERE NOW 29 YEARS AND I'VE BEEN SUPERVISING PEOPLE NOW FOR 20 PLUS YEARS. COME ON UP. DON'T BE SHY. AND I THOUGHT I KNEW A THING OR TWO ABOUT LEADERSHIP. I'VE BEEN TO ALL THE SCHOOLS TRAININGS. BUT I WILL TELL YOU THAT SHE CAN'T EVEN WALK. BUT SHE HAS TAUGHT ME MORE ABOUT LEADERSHIP. EVER HAVE HOPED TO LEARN PRINCIPLES LIKE COMMITMENT COMPASSION PATIENCE. AND LOVE. THINGS THAT I NOW HAVE LEARNED FROM A DIFFERENT LEVEL AND THAT I COMMIT TO YOU THAT I WOULD BRING TO THIS ORGANIZATION IN THIS CITY IN YEARS TO COME. I THANK YOU FOR THIS OPPORTUNITY. I'M HERE TO SERVE YOU AND YOU. AND TOGETHER WE WILL GROW STRONG. THANK YOU.

[APPLAUSE]

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[Public Comments/Responses]

GOOD EVENING MAYOR AND COUNCIL. MY NAME IS TOM REDMAN. I LIVE IN 1867 SHANNON STREET NW. I'M HERE TONIGHT TO TALK ABOUT 2 1 1.

FIRST BEFORE I START ABOUT HOW THE PROBLEM PRESENTED ITSELF I WANT YOU TO KNOW THAT I HAVE BEEN IN THE WOODS IN PALM BAY SINCE 2015. I CONDUCTED THE COUNT FOR THE BREVARD HOMELESS COALITION IN 15 AND 16 AND EXCUSE ME AND 17. SO I'VE BEEN IN THE WOODS EVEN MORE EXTENSIVELY SINCE THEN. THIS PROBLEM PRESENTED ITSELF BECAUSE PEOPLE KEPT ASKING ME WHERE THE FOOD PANTRIES WERE SO I WENT TO TWO ONE ONE AND I PUT IN MY PALM BAY ZIP CODE AND THERE'S ONE FOOD PANTRY LISTED IN ALL OF PALM BAY. I HAPPEN TO KNOW THAT THERE WERE A LOT MORE THAN THAT SO STARTING IN FEBRUARY OF 2019 I CONTACTED MR. ROB RAINES WHO'S THE PRESIDENT OF THE UNITED WAY AND BELINDA STEWART WHO IS THE EXECUTIVE DIRECTOR OF 2 1 1. WHEN I CONTACTED THEM I POINTED OUT TO THEM THAT THERE WERE NO FOOD PANTRIES EXCEPT FOR ONE LISTED ON THEIR WEB SITE. AND I WANT TO READ WHAT I WHAT WAS ACTUALLY SENT BACK TO ME SO YOU UNDERSTAND I HAVE ALREADY BEGUN WORK AS I PROMISED TO ATTEMPT TO INCLUDE MORE FOOD PANTRIES OPERATING IN SOUTH BREVARD. AS YOU KNOW WE DO NOT INCLUDE PROVIDERS WITHOUT THEIR PERMISSION WHICH IS GENERALLY ONLY DENIED BECAUSE THEY STRUGGLE TO MAINTAIN THE RESOURCES TO MEET EXISTING DEMAND. HISTORY TELLS US THAT INCLUSION CAN GENERATE SIGNIFICANT INCREASE IN DEMAND. WE REGULARLY ENCOURAGE

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IT'S TIME THE COUNCIL DEAL WITH THIS VERY REAL ISSUE OF WEALTH TRANSFER THEY HAVE ALLOWED TO HAPPEN BY ALLOWING THE SPOT ZONING PRACTICE WHEN AN INDIVIDUAL OR DEVELOPER BUYS LAND AT CHEAP PRICE THEN WAITS FOR THE SURROUNDING AREA TO BE DEVELOPED CERTAIN ZONING CRITERIA WHICH IS HOW TAXES ARE DETERMINED ON SAID PROPERTY AND THEN THEY ASK FOR VARIANCE BY WAY OF SPOT ZONING. THIS ONLY REDUCES THE TAXES THE CITY AND COUNTY CAN COLLECT. IT REDUCES PROPERTY VALUE OF THE NEIGHBORS PROPERTY AS WELL. HOWEVER THE INITIAL PROPERTY VALUE OF THE ORIGINAL ZONING OF THE NEIGHBORHOOD IS GIVEN TO THE DEVELOPER WHEN THEY ARE FIRST APPRAISED WHICH CREATES A HUGE PROPERTY TRANSFER. THE DEVELOPER GETS THE EQUITY AND THE OTHER OWNERS LOSE THEIR EQUITY. WHEN THIS HAPPENS NEIGHBORHOOD VALUES FALL SALES FALL AND GROWTH BECOMES STAGNANT. MONEY FOR UPKEEP AND ROADS OTHER VALUABLE INFRASTRUCTURE IS IN FACT BEING ROBBED BY THEIR OWN CITY. THIS PRACTICE ALLOWS THE RESOURCES OF A NEIGHBORHOOD TO BE TAKEN ADVANTAGE OF BY DEVELOPERS WHO MANY TIMES DO NOTHING TO RETURN ANYTHING INTO THE SAFE COMMUNITY. THEY ADD TO THE ALREADY OVERCROWDED SCHOOL SYSTEMS THE ROADS THEY ADD TO TRAFFIC ISSUES IN ALREADY CONGESTED AREAS SOMETIMES THEY CAN AFFECT CRIME. ALL OF THIS IS OVER AND ABOVE THE OBVIOUS ENVIRONMENTAL IMPACTS THAT COME WITH THE PRACTICE. I ASK ANY PALM BAY CITIZEN AND.

ONE OF THEIR TOP THREE CONCERNS IS NO MORE HOUSING UNTIL WE HAVE MORE BUSINESS. YES WE CAN DO BOTH AT THE SAME TIME BUT WE CANNOT CONTINUE TO ALLOW THIS PREDATORY PRACTICE FOR SPOT ZONING. I ASK YOU LET'S WORK TOGETHER TO REWRITE ZONING CODES TO ALLOW THE RIGHT BUSINESSES IN THE RIGHT AREAS THAT WORK FOR OUR CITIZENS AND HIGHLIGHT ALL THAT WE HAVE TO OFFER. THERE IS ALWAYS A SOLUTION TO THE ISSUES. THEN WE CAN MOVE FORWARD AND NOT BACKWARD. I ASK THAT YOU RE-EVALUATE THE PRACTICE OF SPOT ZONING AND AT LEAST START A WORKSHOP ON HOW IT IS AFFECTED THE CITIZENS OF PALM BAY LISTEN TO THEIR INPUT ON THIS ISSUE. THANK YOU VERY MUCH. NEXT PERSON. DAVID [INAUDIBLE]. DAVID [INAUDIBLE]. I LIVE IN INDIAN HARBOR BEACH. I SERVE AS A VOLUNTEER ON THE BOARD OF MARINE RESOURCES COUNCIL WHICH IS LOCATED HERE IN PALM BAY. WE ARE CONCERNED. I DON'T KNOW THE EXACT WORD BUT A LINE IN YOUR STORMWATER PAGE SAYS WE LIVE IN THE DRAINAGE BASIN OF THE INDIAN RIVER LAGOON. THE MAJORITY OF OUR WATERS ENTER LAGOON EITHER THROUGH TURKEY CREEK OR BY DIRECT DISCHARGE. GOOD STRONG STATEMENT VERY ACCURATE. WHAT WE SEE HAPPENING AND WE'VE BEEN MONITORING THE ZONING CHANGE PROPOSALS IN SEVERAL COMMUNITIES THROUGHOUT THE LAGOON. WE HAVE FOUND ONE THING IN COMMON. THESE ZONING CHANGES ARE BEING REQUESTED. THE WHOLE PROCESS CARRIES THROUGH RIGHT TO THE DECISION POINT WITHOUT A WORD SPOKEN ABOUT THEIR POSSIBLE IMPACT ON THE QUALITY OF THE WATER IN THE INDIAN RIVER LAGOON. THAT MEANS WHEN WE SPEAK OF THE SAVE THE LAGOON PROGRAM WE SAY ITS OBJECTIVE IS TO REPAIR AND CORRECT 50 YEARS OF NEGLECT OF THE LAGOON SPECIFICALLY WHAT WE'RE TALKING ABOUT IS JUST THAT. THE FAILURE TO CONSIDER THE LAGOON WHEN YOU MAKE DECISIONS ABOUT LAND MANAGEMENT AND DEVELOPMENT AND IT'S STILL CONTINUING THROUGHOUT THE LAGOON WE'VE GOT TO CHANGE THE WAY WE DO BUSINESS. WE'VE MADE IT CLEAR THROUGH OUR VOTE THAT WE CONSIDER THE LAGOON AT THE HIGHEST PRIORITY. WE EXPECT YOU TO HONOR THAT. WE HOPE YOU SHARE IT SINCE YOU LIVE HERE. WE BELIEVE THIS MEANS WHEN YOU ARE FACED WITH THE DECISION OF AN INCREASED DENSITY FOR EXAMPLE OR ANY OTHER DECISION THAT REQUIRES A CHANGE ESPECIALLY TO THE COMPREHENSIVE PLAN. YOUR FIRST QUESTION SHOULD BE IF WE APPROVE THIS DOES BEAR THE RISK OF HARM TO THE LAGOON. IF THE ANSWER IS YES. END OF DISCUSSION IT'S A NO BRAINER. SORRY WE CAN'T APPROVE. IF THE ANSWER IS WE DON'T KNOW THEN LET'S GO ON THE SHELF UNTIL YOU GET THE DATA AND CAN MAKE AN INFORMED DECISION WITH REGARD TO ITS IMPACT ON THE LAGOON. WE KNOW THE PRESSURE YOU'RE UNDER. WE DON'T ENVY YOUR JOBS AT ALL. WE KNOW IT'S TOUGH BUT WE'VE GOT TO DO THIS. IF WE DON'T THE SAVE THE LAGOON PROGRAM IS A WASTE OF TIME AND MONEY BECAUSE THAT WILL KEEP MOVING THE GOAL LINE SO WE'LL NEVER REACH IT BY ADDING NUTRIENTS, OIL, GAS, HERBICIDES, PESTICIDES WATERBORNE SEDIMENT WHICH CAUSES MUCK TO

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COMPREHENSIVE PLAN IS DESIGNATED CONSTITUTIONAL LAW THAT MEANS IT STANDS IN THE SAME STATUS AS THE STATE CONSTITUTION. SO WHEN YOU'RE THINKING OF MAKING A CHANGE TO THE COMPREHENSIVE PLAN THAT'S NOT A MINOR ACT THAT'S NOT A DAY TO DAY THING THAT'S A MAJOR ACTION THAT REQUIRES INTENSIVE CONSIDERATION. THANK YOU FOR YOUR TIME. THANK YOU.  CINDY SHERER EXCUSE ME. CINDY.

HI MY NAME IS CINDY SHERER. I RESIDE AT 479 TEWKESBURY LANE PALM BAY. I'D LIKE TO I LIVE DIRECTLY BEHIND THE PROPOSED 264 APARTMENT PROJECT THAT'S ABOUT TO BE BUILT. I'D LIKE TO ELABORATE A LITTLE BIT MORE ON THE SPOT ZONING SOMETHING I PERSONALLY NEVER HEARD OF BEFORE UNTIL NOW. SPOT ZONING IS THE APPLICATION OF ZONING TO A SPECIFIC PARCEL OF LAND WITHIN A LARGER ZONED AREA. IN OUR CASE WE'RE TALKING ABOUT A 20 ACRE PARCEL SMACK IN THE MIDDLE OF OUR 400 ACRES. THIS IS THIS REZONING IS USUALLY AT ODDS WITH CITY ZONING. THE COMPREHENSIVE AND CURRENT ZONING AS IN THIS PARTICULAR CASE WITH US YOUR PREDECESSORS PLAN FOR OUR AREA IS A SINGLE FAMILY AND RESIDENTIAL ESTATES ONLY SPOT ZONING MAY BE RULED AS AN ARBITRARY CAPRICIOUS AND UNREASONABLE TREATMENT OF A LIMITED PARCEL OF LAND BY A LOCAL ZONING OR ORDINANCE SPOT ZONING MAKES UNJUSTIFIED EXEMPTIONS FOR A PARCEL OF LAND WITHIN A DISTRICT. THE DEFINING CHARACTERISTICS OF SPOT ZONING IS THE UNACCEPTABLE NATURE TO THE BENEFIT OF THE PROPERTY OWNER AND TO THE DETRIMENT OF THE GENERAL LAND. I SHOULD'VE PUT THESE HOME BEFORE THE DETRIMENT OF GENERAL LAND USE PLAN IN CLOSING THIS REZONING WILL CERTAINLY BENEFIT THE OWNER OF SAID 19 ACRES PROVIDING A SPECIAL TREATMENT TO ONE OWNER WHILE UNDERMINING THE PRE-EXISTING RIGHTS AND SAFETY OF THE ADJACENT PROPERTY OWNERS. I MOVED HERE WITH MY SENIOR PARENTS APPROXIMATELY EIGHT MONTHS AGO. LIFE LIBERTY AND THE PURSUIT OF HAPPINESS. IF THIS ZONING CHANGE HAPPENS ANY 264 UNIT APARTMENT PROJECT COMES IN.

YOU'RE TAKING AWAY OUR HAPPINESS FOR ALL OF US AS WELL AS OUR SAFETY. THANK YOU SO MUCH FOR HEARING ME. JANE JACKSON GOOD EVENING. GOOD EVENING. MY NAME IS JANE JACKSON. I LIVE AT 1382 [INAUDIBLE] ROAD PALM BAY FLORIDA. I WORK FOR THE CITY OF WESTLAKE FOR THE BUILDING DEPARTMENT. I MANAGE A BUILDING DEPARTMENT UNDER THE DIRECTION OF THE BUILDING CODE ADMINISTRATOR AND OUR CITY WHERE I WORK NOT MY CITY WHERE I LIVE IN THIS CITY. WE'RE GOVERNED BY THE FLORIDA BUILDING CODE AS IS YOUR BUILDING DEPARTMENT. WE CONSIDER THIS IN THE STATE STATUTES OUR LOCAL CODES AND ORDINANCES OUR RULEBOOK FIND DIRECTION FOR PRETTY MUCH ANY ISSUE IN THE RULES. CITY OF PALM BAY ALSO HAS A RULE BOOK CODES OF ORDINANCES JUST A SMALL PART OF IT AND ONLY RECENTLY I'VE BEGUN TO RESEARCH YOUR CODES AND ORDINANCES AND I FOUND THAT THERE IS AN OUTSTANDING AMOUNT OF ORDINANCES THAT ARE REALLY NOT BEING FOLLOWED BY THE CITY BOARDS THE CITY DEPARTMENTS OR THE CITY STAFFS TO NAME A FEW. 185.003 APPLICABILITY AND CONFORMANCE FOR PLANNING AND ZONING.

185.005 THE PURPOSE OF PLANNING AND ZONING BOARD. 185.066 PROCEDURE FOR APPROVAL OF A PRELIMINARY DEVELOPMENT AND PLAN AND TENTATIVE ZONING. UNDER THAT IT SAYS THE PLANNING AND ZONING BOARD SHALL CONSIDER THE FOLLOWING FACTS BEFORE SUBMITTING THEIR WRITTEN REPORT. THERE ARE 11 FACTS LISTED IN YOUR CODE OF ORDINANCES ON THE MOST RECENT STAFF REPORT I'VE SEEN FROM PLANNING AND ZONING BOARD. THEY HAD NONE OF THESE FACTS. I CALLED THE CITY AND I SAID HOW CAN YOU MAKE AN INFORMED DECISION WITHOUT THE FACTS. AND THEY SAID WELL WE DON'T WANT TO SPEND THE DEVELOPER ALL HIS MONEY. IT'S IN YOUR CODE OF ORDINANCES. IT'S A RULE AND I JUST DON'T SEE HOW THE CITY OR THE CITY COUNCIL CAN EXPECT THE REST OF US CITIZENS TO ADHERE TO THESE CODES AND ORDINANCES. WHEN YOU GUYS DON'T DO IT. THANK YOU FOR YOUR TIME. BETH BLACKFORD.

[00:40:16]

WHEN THEY PURCHASE THEIR HOMES, THEY WERE UNDER THE IMPRESSION THAT PROPERTIES AROUND THEM WOULD BE IMPROVED IN CONFORMITY WITH THE CITY'S COMPREHENSIVE PLAN THAT BASIC SET OF ORDINANCES REPRESENTS A TACIT AGREEMENT BETWEEN THE CITY AND ITS RESIDENTS ABOUT THE CHARACTER AND STABILITY OF RESIDENTIAL AREAS. FROM TIME IT WAS PUT IN PLACE THE COMPREHENSIVE PLAN HAS BEEN CONSULTED BY POTENTIAL HOMEBUYERS ANXIOUS TO SEE WHAT THE FUTURE HELD FOR ONE OF THEIR MOST SIGNIFICANT FINANCIAL INVESTMENTS BY APPROVING THE TWO CRICKET PROPOSALS YOU WOULD VIOLATE THAT AGREEMENT AND THE TRUST REQUIRED FROM EACH OF US TO CONSERVE AND ENHANCE THE STANDARDS OF LIVING WITHIN THIS CITY. THESE TWO PROPOSALS ARE SO EGREGIOUS THAT IT'S CLEAR WHAT THE NEW JERSEY PROPERTY OWNERS WERE THINKING. LET'S SEE WHO'S PAYING ATTENTION. AND IN CASE ANYBODY IS THERE LIKELY TO OFFER A DIFFERENT MULTI-FAMILY PROJECT. WELL WE ARE PAYING ATTENTION AND WE SAY PLAY BY THE RULES JUST LIKE EVERYONE ELSE DID AND STICK TO YOUR ZONING. I URGE YOU TO VOTE NO ON BOTH CRICKET DRIVE PROPOSALS AND DEMONSTRATE YOUR GOODWILL AND TRUSTWORTHINESS TO THE PEOPLE OF THE CITY. THANK YOU. BETTY [INAUDIBLE].

TURN THIS DOWN A LITTLE BIT HERE. MY NAME IS BETTY [INAUDIBLE] I LIVE AT 1342 KNOLLWOOD ROAD NE IN PALM BAY. I'M A HOMEOWNER WITHIN PORT MALABAR UNIT 55 PROPERTY OWNERS ASSOCIATION ALSO KNOWN AS PALM LAKES VILLAGE. FIRST OF ALL I LIKE TO THANK THE MAYOR AND OTHER COUNCIL MEMBERS FOR LISTENING TO OUR VOICE TONIGHT BECAUSE I MEAN WE'VE GOT TONS MORE REASONS THAT WE SHOULD BE UP IN FRONT OF YOU BUT THERE'S JUST A FEW OF US TONIGHT. ANYWAY I'M UP HERE IN REGARDS TO THE PROPOSED CHANGE OF ZONING FROM SINGLE FAMILY TO MULTIFAMILY AND THAT'S THE CASE NO REFERENCE IS C.P. 9 2 0 1 9 AND PD 15 2 0 1 9. ON TUESDAY JULY 30TH AT AN APPLICANT'S MEETING AT THE COMFORT SUITES I LEARNED THAT THE PROPOSED LAND USE CHANGE WOULD ADDRESS BOTH SEWER AND STORMWATER ISSUES ON THE PROPERTY. ONE OF MY CONCERNS IS THAT THERE ARE MAJOR SEWER ISSUES AND TYING IN WITH THE PORT MALABAR UNIT 55'S 30-1 LIFT STATION EVEN IF THE ZONING IS CHANGED AND THE DEVELOPER INSTALLS THEIR OWN LIFT STATION ON THE PROPERTY WHICH IS APPARENTLY WHAT IS PLANNED IF THE ZONING IS CHANGED. NO DOUBT MODIFICATIONS WILL HAVE TO BE MADE TO THE 30-1 LIFT STATION AS WELL. AND WHAT THOSE ARE, I HAVE NO IDEA. MY MAIN REASON TO ADDRESS YOU TONIGHT HOWEVER IS THE STORMWATER RUN OFF. A RETENTION POND OR TWO IS PLANNED FOR THE PROPOSED 264 APARTMENTS AND TOWNHOMES. THESE PONDS WILL NOT HAVE THE CAPACITY TO HOLD EXCESS OF STORMWATER IF WE WERE TO SEE ANOTHER TROPICAL STORM

[00:45:05]

NOT ONLY DO RESIDENTS OF PORT MALABAR UNIT 55 HAVE TO BE CONCERNED WITH THIS POSSIBLE REZONING BUT HOMEOWNERS LIVING IN UNIT TWENTY NINE HAVE MUCH TO BE CONCERNED WITH AS WELL. THEY DO NOT HAVE CITY WATER AND SEWER LIKE WE DO AS A PROPERTY OWNERS ASSOCIATION. THEIR SEPTIC TANKS ARE LOCATED IN THE BACK OF THEIR HOMES.

CURRENTLY THEIR DRAINAGE IS VERY POOR AND MANY TIMES THEIR FRONT YARDS ARE FLOODED AS WELL AS THEIR STREETS AND BACKYARDS. NEW CONSTRUCTION OF APARTMENTS AND TOWNHOMES WILL FURTHER ENDANGER THEIR SITUATION AS NEW BUILDS ARE CONSTRUCTED AT A MUCH HIGHER ELEVATION. IN CONCLUSION 223 HOMEOWNERS IN PORT MALABAR UNIT 55 DO NOT WANT TO HAVE A COMMUNITY OF 264 PROPOSED APARTMENTS AND TOWNHOMES ADDED TO THEIR ALREADY TAXED WATER RETENTION POND AND DRAINAGE PIPES. IS THE CITY OF PALM BAY WILLING TO TAKE OVER THE MAINTENANCE OF OUR DRAINAGE PIPES INFRASTRUCTURE AND SWALES. ALSO HOMEOWNERS IN UNIT  29 DO NOT WANT TO SEE THEIR STREETS AND PROPERTIES LITERALLY FLOODED FOR THE SAKE OF THE TAX DOLLARS. WE SAY YES TO SINGLE FAMILY HOMES BUT NO TO MULTI-FAMILY. I THANK YOU FOR THE TIME. OK THANK YOU. GARY JOHNSON.

COUNCIL MEMBERS AND ATTENDEES. MY NAME IS GARY JOHNSON. I LIVE AT 472 TEWKESBURY LANE. THAT'S PMU 55. THE PROPERTY OWNERS ASSOCIATION. I'M HERE TO TALK ABOUT THE CRICKET DRIVE APARTMENT PROJECT. I AM NOT OPPOSED TO DEVELOPING THE PROPERTY AS CURRENTLY ZONED. AS A RESIDENT OF THE POA, I OPPOSE ANY CHANGE TO THE CURRENT ZONING FOR MANY REASONS. AMONG THEM ARE WATER RUNOFF ENVIRONMENTAL DESTRUCTION EVENING LIGHT POLLUTION QUESTIONABLE SPOT ZONING AND A LARGE NUMBER OF PEOPLE ENTERING OUR POA AS IT MAY LOOK LIKE A PARK TO THEM AND MORE. HOWEVER I WILL FOCUS ON TRAFFIC AND SAFETY AS THEY ARE RELATED. AT ISSUE IS THE ADDED 483 VEHICLES THE PROPOSED APARTMENTS WILL HAVE A DRIVEWAY INSIDE OUR POA THUS DESTROYING ANY SENSE OF TRANQUILITY SOME OF OUR POA HOMEOWNERS NOW HAVE. THIS ALSO CREATES A BOTTLENECK SITUATION ON CRICKET DRIVE EXACTLY WHERE THE ONLY EMERGENCY EXIT FROM THE POA EXISTS. CRICKET DRIVE IS VERY CLOSE TO I 95. WHAT WOULD HAPPEN IF THERE WERE HAZMAT INCIDENT ON I 95 AFFECTING THE POA OR CRICKET DRIVE. HOW WOULD WE ESCAPE IF 264 UNITS WERE ADDED TO THE 223 HOMES IN THE POA MORE THAN DOUBLING THE PROBLEM. WHAT IF A HAZMAT INCIDENT HAPPENED ON BABCOCK POSSIBLY CLOSING ALL THREE OUT OF THE ONLY FOUR EGRESS POINTS FROM OVER NINE HUNDRED SINGLE FAMILY HOMES NOW EXIST. THE APARTMENTS WOULD BE A DAILY DISRUPTION TO THE CHARACTER OF THE NEIGHBORHOOD IN AN EMERGENCY IT WOULD ADD TO ANY BAD SITUATION. COUNCIL MEMBERS WE CHOSE YOU TO REPRESENT OUR INTERESTS AND WE TRUST YOU WITH THAT. PLEASE DO NOT FAVOR A BUILDER TO BECOME RICHER THAN HE WOULD UNDER THE CURRENT ZONING PLAN. I THANK YOU ALL. THANK YOU. CORAL JEAN CORNELL. GOOD EVENING. I LIVE AT. MY NAME IS CORAL CORNELL CURRENTLY BUT I WAS BORN IN FLORIDA 57 YEARS AGO IN FORT LAUDERDALE AS CHERYL CHISHOLM AND I CHANGED MY NAME AT 21 TO CORAL CORNELL AND

[00:50:02]

LIKE I SAID THE WITNESSES THAT I POINTED OUT THEY'RE ALL MENTIONED THERE. SHE WAS THERE. I WANT MY CHILDREN PROTECTED. ALL OF THEM WERE BORN HERE. I WANT MY DOGS PROTECTED BECAUSE THE SHERIFF DEPARTMENT EVEN CONTROLS THEM. MA'AM YOUR TIME IS UP. THANK YOU SIR. OKAY. DON'T FORGET YOUR WATCH. AND IT IS STAMPED COPY OF MY DECLARATION THAT I'M PRESSING CRIMINAL CHARGES AGAINST. DON'T FORGET YOUR WATCH. THANK YOU. AND IT'S BEEN STAMPED BY [INAUDIBLE]. THAT'S IT. OK. ALL RIGHT. ANYTHING TO ADD FROM THE CITY MANAGER'S PERSPECTIVE. IF NOT I'M GOING TO MOVE ON TO

[Public Hearings ]

[00:55:03]

COUNCIL WAS THERE ANYTHING ELSE TO ADD IF NOT I'M I'M GOING CALL IT ALL IN FAVOR SAY AYE. ALL OPPOSED SAY NAY. MOTION CARRIES. ITEM 3 MRS. SMITH ORDINANCE 2019-47 ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA VACATE AN ABANDONED A PORTION OF THE REAR TWENTY PUT PUBLIC UTILITY IN DRAINAGE EASEMENT LOCATED WITHIN LOT 8, LOT 61 PORT MALABAR UNIT FOUR ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14 PAGE 22 OF THE PUBLIC RECORDS OF BREVARD COUNTY FLORIDA AND LEGALLY DESCRIBED HEREIN PROVIDING FOR AN EFFECTIVE DATE. THANK YOU MRS. SMITH. AT THIS TIME I'M GONNA OPEN THE PUBLIC HEARING AND ASK CHRISTINE STEVENS AND JUAN DELGADO TO COME UP PLEASE. GOOD EVENING. WE'RE HERE JUST TO REQUEST.

GIVE US YOUR NAME AND ADDRESS AND STUFF. YES GOOD EVENING.

MY NAME IS JUAN DELGADO. I'M CHRISTINE STEVENS WE'RE PROPERTY OWNERS OF SAID PROPERTY LOCATED AT 741 [INAUDIBLE] STREET IN PALM BAY. AND WE'RE HERE TO REQUEST TO VACATE. EACH MAN FUND IS EXISTING IN GROUND POOL AND SCREEN ENCLOSURE. THANK YOU. THANK YOU. PAINLESS. IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM. IF NOT I'M GOING CLOSE THE PUBLIC HEARING ASK COUNCIL FOR A MOTION.

MOTION TO APPROVE ORDINANCE NUMBER 2019-47 FIRST READING. SECOND BY COUNCILMAN BAILEY. 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 4 MRS. SMITH. ORDINANCE  NUMBER 2019-48.

ORDINANCE OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA VACATING AND ABANDONING A PORTION OF THE REAR 20 FOOT PUBLIC UTILITY DRAINAGE EASEMENT LOCATED WITHIN LOTS 13 AND 14 BLOCK 806 PORT MALABAR UNIT 16. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 PAGE 94 OF THE PUBLIC RECORDS OF BREVARD COUNTY FLORIDA AND LEGALLY DESCRIBED HEREIN PROVIDING FOR AN EFFECTIVE DATE. OK THANK YOU. AT THIS TIME I'M GONNA OPEN THE PUBLIC HEARING AND ASK CHRISTOPHER CARROLL TO COME UP PLEASE. OH SO I'M SPEAKING ON BEHALF OF CHRISTOPHER CARROLL AND HIS WIFE CHERYL CARROLL AND ITS FOR PROPERTIES 1660 PALATKA ROAD. WE JUST WANT AN EIGHT FOOT EASEMENT FOR A IN GROUND POOL WITH ENCLOSEMENT. NOT YET BUILT. YEAH. THANK YOU. THANK YOU. IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK FOR AGAINST THIS ITEM. IF NOT I'M GOING TO CLOSE A PUBLIC HEARING ASK COUNCIL FOR A MOTION. MAKE A MOTION TO APPROVE CASE NUMBER VE-6-2019 FOR FIRST READING. SECOND BY DEPUTY MAYOR ANDERSON.

ANY FURTHER DISCUSSION COUNCIL? IF NOT I'M GOING TO CALL IT ALL IN FAVOR SAY AYE. AYE. OPPOSED SAY  NAY. MOTION CARRIES. ITEM FIVE MS. MORRELL. YES MAYOR AND COUNCIL.  [INAUDIBLE] RESOLUTION NUMBER 2019-45 A RESOLUTION OF THE CITY OF PALM BAY BREVARD COUNTY FLORIDA AUTHORIZING SUBMISSION OF AN APPLICATION FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RELIEF FUNDING FOR THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS THE CERTIFICATIONS PROVIDED FOR AN EFFECTIVE DATE. OKAY. OKAY. THANK YOU. SORRY. LAST YEAR STAFF ACTUALLY SUBMITTED THE SUBMISSION FOR FOUR APPLICATIONS FOR THE CONSIDERATION OF THE GRANTS. THE PROPOSED WOULD MITIGATE SOME FLOOD LOSSES IN ACQUIRING 13 SINGLE FAMILY HOMES. THEY WOULD DEMOLISH THE STRUCTURES ADJOINING THE SIDEWALKS IN THE STREET AND PERPETUALLY RETAINING THE OWNERSHIP OF THE SITE AS OPEN GREEN SPACE. THE PROJECT IS ESTIMATED AT 2.7 MILLION DOLLARS. IT DOES HAVE A MATCH OF A LOCAL MATCH OF TWENTY FIVE PERCENT WELL WHICH WOULD BE OUT OF THE CDBG DR FUND OF 684,189 DOLLARS.

STAFF WOULD LIKE PERMISSION TO MOVE FORWARD. IS THERE ANYBODY IN THE AUDIENCE

[01:00:03]

THIS WAS WHEN I GOT TO TEST YOUR ONE CLOUD SETUP BECAUSE IT SAID IT WAS THERE AND I COULDN'T GET IT. THIS IS HOW I FOUND OUT THAT IT DIDN'T WORK BUT IT DOES WORK NOW BECAUSE I WANT TO KNOW WHERE THESE BUILDINGS WHERE IT WAS LOCATED AND SO I WAS ABLE TO FIND THAT OUT WHEN THE SYSTEM STARTED WORKING. WITH THAT BEING SAID THERE'S SEVEN ITEMS I'M GOING TO ADDRESS ON THIS ONE IT'S ON CIMARRON CIRCLE IN THE NORTHEAST. RIGHT THE FIRST ONE IS THE IF IT'S IN THE SOUTH WEST IS WHERE THE 13 HOMES ARE IT'S IN THE SOUTH SIDE OF THAT DEVELOPMENT. IF YOU'RE GONNA DO TEARING UP THE ROADWAY AND REMOVING THOSE SIDEWALKS THAT TAKES AWAY THE ENTRANCE TO THAT DEVELOPMENT COMING IN OFF OF THE CROSSROAD IF IT COMES TO I'M WONDERING WHO'S GOING TO BE PAYING FOR BUILDING THE NEW ROAD THAT LEADS INTO THE REMAINDER OF THAT DEVELOPMENT THAT'S A COST IT I DON'T KNOW WHERE IT IS COMING FROM.

WHO'S GONNA BE DOING IT. THAT'S QUESTION NUMBER ONE THE DRIVEWAYS ON THE SOUTH SIDE ON THE SOUTH SIDE FOR THAT AREA THAT YOU'RE TRYING TO REMOVE. IT ALSO CONTAINS THE LIFT STATION ON THAT CORNER OF CIMARRON CIRCLE AND THE CROSSROAD THE LIFT STATION IS LOCATED IN THAT SOUTHWEST CORNER. I MEAN THAT SOUTH EAST CORNER SORRY. SO IF IT'S GOT TO BE REMOVED BECAUSE IT'S CONSTANTLY FLOODED IS THERE GOING TO BE AN ASSOCIATED WASTEWATER PRICE WITH THIS DEVELOPMENT COMING IN. BECAUSE I'M ALREADY LOOKING AT 2.7 MILLION DOLLARS. RIGHT.

OK. NOW THE LAST ONE WAS UNDER THIS GRANT. IT SAYS WHO'S GONNA BE THE BENEFICIARIES OF OF SAID DEVELOPMENT. WHO IS GOING GONNA BE THE PERSON WHO'S GOING TO BENEFIT THE MOST. AND I DON'T KNOW WHO THAT'S GONNA BE BUT IT SAYS IT DID SAY THE REMAINDER OF THE NEIGHBORHOOD IS GONNA BE THE ONES THAT WERE BENEFITING. WELL THEY ALREADY HAVE. IF THESE REMAINDER OF INDIVIDUALS ALREADY HAVE INSURANCE THEIR HOMES AREN'T FLOODING HOW DID THEY BENEFIT. THEY'RE NOT THEY'RE NOT AFFECTED BY THIS. SO HOW CAN BE A BENEFIT TO THEM TO TAKE AWAY SOMEBODY ELSE'S HOUSE. ALL IT'S GONNA DO IS BENEFIT THEM BY MAKING MORE GREEN SPACE FOR THEM WHICH NEXT WEEK WE MIGHT BE SELLING TO BUILD APARTMENTS ON THE GREEN SPACE. KNOWING THE PAST HISTORY OF THE LAST COUPLE TWO YEARS. THAT'S QUESTION NUMBER THREE. NUMBER FOUR I'M GOING AS FAST AS I CAN BECAUSE I DON'T WANT TO KEEP YOU HERE TOO LATE. THE VALUES OF THE HOMES THAT I LOOKED AT 13 HOMES VALUED OUT AT 2.7 MILLION DOLLARS BASICALLY ARE AVERAGES OUT TO ABOUT TWO HUNDRED AND EIGHT THOUSAND DOLLARS. IF THESE HOMES IF THESE HOMES ARE IN SUCH BAD SHAPE THAT THEY'RE FLOODING CONTINUOUSLY THEIR VALUE DOES NOT CONSTITUTE A VALUE OF TWO HUNDRED THOUSAND DOLLARS IF THEY'VE BEEN REPEATEDLY FLOODED THEY IF IN A FLOODPLAIN WHICH WON'T WON'T BENEFIT. AND THEN WHEN IT'S FACT THAT IT'S IN A FLOODPLAIN BECAUSE THEY'RE FLOODING UNDER THE ORDINANCE IT SAYS INSTRUCTIONS INTRODUCTION INSTRUCTIONS OR  DGBR DISASTER RELIEF FUNDS MUST BE USED FOR DISASTER RELATED EXPENSES AND A HURRICANE WAS IN THE MOST IMPACTED AND DISTRESSED AREA FOR LOW TO MODERATE INCOME THAT'S WHAT IT SAYS. AND THE NEXT STATEMENT IS WITH A FOCUS ON THOSE HOUSEHOLDS THAT DID NOT HAVE FLOOD INSURANCE AT THE TIME OF HURRICANE IRMA. IF THESE PEOPLE LIVE RIGHT NEXT TO TURKEY CREEK AND THEY DON'T HAVE FLOOD INSURANCE THERE'S SOMETHING WRONG WITH THEM. BUT I DO THINK THE VALUE OF THEIR HOMES AND FOR MORTGAGES THEY PROBABLY HAD TO HAVE FLOOD INSURANCE IN THAT AREA. THAT'S JUST A SIMPLE STATEMENT I DON'T WANT TO SEE A VIOLATION OF SOMETHING THAT'S GONNA GET US IN TROUBLE AGAIN. OK NOW NOW IT COMES DOWN TO THE PART THAT STICKS IN BILL BATTIN'S CRAW.

THESE DEVELOPMENTS WERE SET THROUGH THE CITY AS SOME FORM OR OTHER NOT YOU. NONE OF YOU WERE HERE AT THE TIME THESE HOMES WERE BUILT. SO I CAN'T BLAME YOU PERSONALLY BUT I CAN BLAME THE PROCESS OF DEVELOPMENT WITHIN THE CITY THAT I CAN BLAME. SO IS THIS A CASE OF FAILED INFRASTRUCTURE OR WAS THIS A CASE OF FAILED CITY PLANNING EITHER WAY WHEN YOU'RE GONNA BUY 13 HOMES IN ONE BLOCK. TEAR THEM DOWN. AND IT SAYS TO MAKE A GREEN SPACE. BUT IT'S I KNOW IT'S SO YOU CAN PUT A RETENTION POND IN FOR RETENTION OF OTHER WATER BUT ALL THAT RETENTION ONLY GOES UP TO A CERTAIN LEVEL AND THEN IT STILL FLOWS INTO THE SAME TURKEY CREEK TRIBUTARIES THAT STILL FLOOD OUT IN THAT AREA. SO I'M NOT SURE WHERE THAT'S GOING. NOW THIS COMES OUT OF EVERYBODY SAYS WELL BILL IT'S NOT CITY MONEY THAT'S GREAT IT COMES OUT OF THE FEDERAL INCOME TAX MONEY WHO PAYS FEDERAL INCOME TAX MONEY? BILL. SO YES IT IS MY MONEY. I MEAN THE C.D.G.B. BLOCK GRANT MONEY IS DEDICATED FOR SPECIFIC CAUSES.

[01:05:02]

MY NAME IS LAURIE BESWICK AND I LIVE ON THAT CIMARRON CIRCLE. I'VE LIVED THERE FOR OVER 20 YEARS. WE WERE THE UNEXPECTED YOUNG COUPLE WITH A PREGNANT BUYING THE HOME FROM UNEXPECTED PEOPLE THAT SOLD IT TO US. WE DON'T WANT TO BE THAT TYPE OF PEOPLE AND MY NEIGHBORS MYSELF WHO ARE HERE WE DON'T WANT TO BE THE PEOPLE THAT SELL TO OTHER UNEXPECTED PEOPLE SO THAT THEY HAVE TO ENDURE WHAT WE'VE ENDURED OVER 20 SOME YEARS. WE HAVE BEEN FLOODED CONTINUOUSLY. YES WE HAVE FLOOD INSURANCE BUT THE GOVERNMENT HAS CHANGED THE FLOOD INSURANCE AND HAS TOLD US NOW WE HAVE TO GO THROUGH FEMA AND THAT'S A PROCESS. SO IT'S NOT JUST FLOOD INSURANCE. FLOOD INSURANCE IS UNDER FEMA. FEMA GOES AND LOOKS AT. THE INSURANCE COMPANY COMES OUT LOOKS THEN FEMA COMES OUT AND LOOKS AND THEN THEY DO A DETERMINATION AND SAY OH WELL WE MISSED A FEW THINGS. THEN ANOTHER THREE WEEKS PASS AND THEN THEY COME OUT AND LOOK MEANTIME GREEN MOLD HAS HIT. NOW WE'VE GOT BLACK MOLD IN THE HOUSE. THE HOUSE IS DANGEROUS YOU CAN'T LIVE IN IT. WE TRIED LIVING IN A TENT IN THE BACKYARD BECAUSE WE CAN'T AFFORD IT ANYMORE. WE HAVE LIQUIDATED ALL OUR SAVINGS AND EVERYTHING. REBUILDING THIS HOUSE AND TRYING TO KEEP IT ABOVE BECAUSE EVERY TIME THEY SAY THEY FIX IT WE'VE GOT A RETENTION POND WE FIXED IT. WE'VE GOT A RETENTION PROBLEM WE FIXED IT. AND UNTIL IT FLOODS AGAIN WE DON'T KNOW THAT THEY FIXED IT. SO HERE'S A FEW PICTURES JUST TO LET YOU KNOW THIS IS OUR FRONT DOOR. AS WE WERE LEAVING IT WAS EVERYTHING WAS GOOD. EVERYTHING WAS FINE THIS LAST FLOOD. WE THOUGHT WE WERE GOING TO GET AWAY WITH IT. NEIGHBORS CALLING. WE'RE FINE. WE SEE GREEN GRASS A FIVE FOOT WAVE CAME THROUGH THE BACK YARD. IT SMASHED INTO THE BACK OF THE HOUSE UP BETWEEN. WE EVEN BUILT A MARINE WALL UP BETWEEN THE MARINE WALL AND INTO THE THING AND IT WAS LONG GONE. WE WERE LOST. WE HAD NOTHING NOTHING TO LIVE FOR ANYMORE. EVERYTHING GONE FOUR TIMES OVER NOW FOR US. WE LEARNED AFTER THE FIRST FLOOD WE LEARNED THE PEOPLE SOLD IT TO US WHEN THEY LEFT ON A BOAT. DO WE WANT TO SELL IT TO OTHER PEOPLE. THAT'S WHAT THE GOVERNMENT'S HERE. THEY'RE HELPING OTHER PEOPLE GET OUT JUST LIKE THEY DID IN NEW JERSEY ON THE OCEAN SHORE. YOU KNOW IT'S NOT OUR FAULT THAT IT CONTINUALLY FLOODS. IT'S NOT. IT'S JUST SOMETHING THAT CONTINUOUSLY HAPPENS AND THE GOVERNMENT IS SAYING HEY LET'S BAIL THESE PEOPLE OUT BECAUSE FEMA DOESN'T WANT TO HELP US ANYMORE. THEY'RE TIRED OF BAILING US OUT.

THEY EVEN SAID WE'RE NOT GOING TO DO IT AND UNLESS WE THINK SO I'VE GOT THIS I'VE GOT THREE FROM THE IRMA FLOOD. OK. ACTUALLY TWO RIGHT AFTER THE FLOOD AND WE WERE IN OUR TRUCK AND EVEN IF WE LOST OUR CARS TOO. CARS PICTURES EVERYTHING GONE FLOODED OUT. THIS IS THEN AFTER IRMA LEFT ANOTHER LITTLE RAINSTORM CAME ONE OF THOSE AFTERMATH STREETS FLOODED AGAIN. THIS IS LAST WEEK LITTLE RAINSTORM. SO EVERY TIME IT RAINS WE CRINGE. WE PANIC. WE HAVE BUILT OUR OUR ELECTRICAL THINGS TO FOOT ABOVE. YOU KNOW WE'RE TRYING NOT TO BE HARSH ON PEOPLE BUT AS FAR AS THE STREETS GO THEY'RE NOT TEAR. THEY'RE GOING TO TEAR DOWN THE HOUSES AND THEY'RE JUST GOING TO WIPE LET IT FLATTEN THE ROADS STILL GOING TO BE THERE. THE LIFT STATION IF THE LIFT STATION WORKS IT'LL DRAIN IT DOWN. THERE'S A CANAL ON THE BACK AND THERE'S A RUNOFF TURKEY IN THE BACK THAT COMES AROUND BUT IT LANDS SMACK RIGHT IN THE BACK OF OUR HOUSE. IT MADE OUR POOL BLACK. WE'RE COMPLETELY WITH MUCK SMUDGE.

THIS LAST ONE WAS ACTUALLY SEWAGE WATER THAT RAN THROUGH OUR HOUSES AS WELL. SO IT'S THE SEWER THAT COMES THROUGH THAT GOES THROUGH THE LAGOON. IT'S COMING TO OUR NEIGHBORHOOD FIRST. SO WE'RE FILTERING IT OUT YOU KNOW AND IT GOING ON DOWN. BUT JUST TO LET BILL KNOW IT'S NOT GOING TO MESS WITH ANYBODY ON THAT OTHER SIDE BECAUSE THAT OTHER SIDE THEY'RE STILL GOING TO BE ABLE TO GO AROUND THE CIRCLE.

IT'S JUST THAT THEY'RE TRYING TO GET RID OF THE PEOPLE THAT CONTINUOUSLY ARE GETTING FLOODED AND THE STREETS ARE GOING TO BE THERE THAT'S NOT GOING TO DO ANYTHING IT MAY WHY THEY MAY EVEN WIDEN IT. I DON'T KNOW. THAT'S UP TO THE CITY AND WHAT THEY WANT TO PLAN. BUT WE JUST NEED TO GET OUT. IT'S BEEN FOUR FLOODS AND WE'RE WE'RE WE'RE DONE. WE HAVE NOTHING LEFT. OK. YOU WANT THESE PICTURES. NO THANK YOU. IT'S OK. I KNOW YOUR. I KNOW YOUR AREA WELL. YES. IS THERE ANYBODY ELSE

[01:10:03]

GOOD EVENING NANCY JEWELL COMMUNITY DEVELOPMENT ADMINISTRATOR. SO THE QUESTIONS I WANTED TO MAKE SURE THAT YOU UNDERSTOOD CLEARLY THE ANSWERS OR THE RESPONSES TO THE QUESTIONS THAT BILL HAS BROUGHT FORWARD CONCERNING THE ROAD.

HERE'S A MAP OF THE PROPERTY AND THE BLUE HIGHLIGHTED PROPERTIES ARE THE ONES THAT ARE INTENDED TO BE ACQUIRED. AND SO HERE IS THE ENTRANCE TO CIMARRON CIRCLE THAT WILL EITHER REMAIN OR PERHAPS WE HAVEN'T DISCUSSED THIS YET IN ANY GREAT DETAIL BECAUSE WE STILL HAVE TIME FOR THAT KIND OF DISCUSSION. ONCE ACQUISITION TAKES PLACE OF THIS CORNER THEY MAY MOVE THE ENTRANCE TO THE PROPERTY TO THE ACTUAL REST OF THE NEIGHBORHOOD UP JUST SLIGHTLY NORTH IN ORDER TO AVOID SOME OF THE FLOODING THAT STILL IS GOING TO IT'S STILL GOING TO OCCUR. IT'S JUST THAT THERE'S NOT GOING TO BE THE IMPACT TO THOSE HOMES. CONCERNING THE LIFT STATION AND I BELIEVE THAT ONE OF THE RESIDENTS HAD INDICATED AS WELL THERE'S NO PLANS RIGHT NOW FOR ANY CHANGES TO THAT LIVE STATION IN ITS CURRENT POSITION. THE BENEFIT TO THE PROJECT ACCORDING TO THE GRANT APPLICATION IS REQUESTING INFORMATION CONCERNING WHAT TRACK OF WHAT CATASTROPHIC EVENT AND THIS IS UNDER A HURRICANE IRMA COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RELIEF GRANT FROM THE DEPARTMENT OF DEO IN ORDER TO BE ELIGIBLE AS A CDBG APPLICATION IN ORDER BE AN ELIGIBLE CDBG ACTIVITY JUST LIKE OUR OWN CDBG DIRECT ENTITLEMENT GRANTS THAT WE RECEIVE. IT HAS TO BENEFIT LOW AND MODERATE INCOME PERSONS THAT CAN EITHER BE IN THE ENTIRE AREA. THE CENSUS TRACK OR IT CAN BE THE INDIVIDUALS THEMSELVES. AND SO THIS PROJECT DOES QUALIFY TECHNICALLY UNDER THE CDBG REGULATIONS FOR A LOW AREA BENEFIT FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY IS VERY WELL AWARE OF PALM BAY'S UPCOMING PROPOSED PROJECT. ONE OF THE OTHER USES IF YOU LOOK AT THE DEO CDBG DR APPLICATION ON THE STATE'S WEB SITE IT WILL SHOW YOU THAT THIS VOLUNTARY HOME BUYOUT PROGRAM ONE OF THE FIRST USES THAT THEY IDENTIFY WITHIN THE DESCRIPTION OF THE APPLICATION ITSELF GRANT APPLICATION IS FOR USE AS MATCH FOR THE FEMA HAZARD MITIGATION GRANT PROGRAM WHICH IS WHAT THE CITY HAS ALREADY QUALIFIED FOR AND THAT FEMA APPLICATION IS HAS BEEN SUBMITTED AND IS BEING EVALUATED.

CONCERNING NOT HAVING INSURANCE IN THIS PARTICULAR INSTANCE THE REASON THAT THESE PROPERTIES WERE IDENTIFIED AGAIN THESE ONES THAT ARE LOOK THAT ARE BLUE IS BECAUSE OF THE IDENTIFICATION OF FEMA'S REPORTS ON AN ANNUAL BASIS TO THE CITY OF PALM BAY CONCERNING REPETITIVE LOSSES THAT ARE OCCURRED THAT ARE OCCURRING FROM THESE HOMEOWNERS UNDER THEIR FEMA FLOOD INSURANCE PROGRAM. OH AND CONCERNING THE QUESTION OR THE STATEMENT CONCERNING THE POSSIBILITY OF A RETENTION POND ON THAT AREA ONCE THE PROPERTIES ARE ACQUIRED AND THE DEMOLITION OCCURS THAT HAS NOT BEEN WORKED OUT BY THE CITY. IT'S NOT SOMETHING THAT IS COVERED BY THE GRANTS EITHER ONE. SO IT'S SOMETHING THAT WE MAY CONSIDER BUT IT MAY. IT CERTAINLY IS NOT A FINAL PRODUCT OR PORTION OF THIS PROJECT. DO YOU HAVE ANY QUESTIONS FOR ME I'D BE HAPPY TO ANSWER. ANY QUESTIONS FOR NANCY. IF NOT. THANK YOU NANCY. AT THIS TIME I'M GONNA CLOSE THE PUBLIC HEARING ASK COUNCIL FOR A MOTION. MAKE A MOTION APPROVE RESOLUTION 2019-25. SECONDED BY COUNCILMAN JOHNSON. ANY FURTHER DISCUSSION ON THIS COUNCIL? I WOULD JUST SAY THAT I REMEMBER CIMARRON CIRCLE THROUGH OUR OUR INBOX OVER THE LAST THREE YEARS. MATTHEW, IRMA. AND THEN JUST RAIN. SO THAT'S A LONG TIME COMING. OK WITH THAT I'M GOING TO CALL IT ALL IN FAVOR SAY AYE. OPPOSED SAY NAY. MOTION CARRIES. GOING INTO PROCUREMENT.

[Procurements]

[01:15:02]

WITH THAT IS THERE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK. BILL BATTIN.

BILL BATTIN 586 OCEAN SPRAY STREET SW. THIS IS OUR FIRST DRAW. THIS IS OUR FIRST BID GOING OUT. I'M GLAD TO SEE IT IT MEANS PROGRESSION IS ON ITS WAY. SORRY IT'S A LITTLE BIT MORE THAN WHAT WAS EXPECTED BUT THAT'S INFLATION. I UNDERSTAND THAT BUT I LOOK AT THIS AS A SUCCESS FOR THE ROAD PROGRAM. WHEN YOU FINALLY GET SOMEBODY'S BIDDING TO COME AND START THE WORK IT'S GONNA BE VERY INTERESTING TO SEE AND I'M LOOKING FORWARD TO SEEING THE TRUCKS COME IN AND GO AHEAD AND GET THIS THING STARTED. SO THIS IS A PAT ON YOUR BACK. IT TOOK A LITTLE BIT LONGER THAN I'D LIKE TO SEE BUT IT'S FUNCTIONING NOW. LET'S SEE IT THROUGH.

LET'S HAVE THIS HAVE THIS IS ONE OF THE BIG SUCCESS STORIES FOR THE CITY. LET'S MAKE SURE THAT OUR ENGINEERING PLANS FOLLOW THROUGH AND WE'RE NOT HAVING TO BUY BACK THROUGH THE FEDERAL GOVERNMENT FUND. THANK YOU. OKAY. ANYONE ELSE IN THE AUDIENCE? OKAY IF NOT COUNCIL I NEED A NEW MOTION. MOTION TO APPROVE THE AWARD  BID ROAD BINDING PAVEMENT UNIT 41 ELDERON BOULEVARD IFP 54-0-2019 PUBLIC WORKS DEPARTMENT V.A. PAVING 3,145,839.

SECOND. SECOND BY COUNCILMAN SANTIAGO. ANY FURTHER DISCUSSION ON THIS ITEM COUNCIL. I DID WANT TO SAY THAT I WAS DRIVING THROUGH UNIT THIRTY ONE AND THIRTY TWO. I NOTICE THE PIPES ARE GOING DOWN SO THEIR ROADS WILL BE COMING BUT WE'RE DOING THE DRAINAGE PIPES IN THE UNITS THAT WE THOUGHT WOULD COME FIRST UNIT FORTY ONE IS READY THAT'S WHY WE'RE SEEING THIS ONE COME FIRST SO IT'S MOVING WE'RE GETTING ASPHALT FOLKS OKAY. YES I MEAN I ALSO WANT TO SAY THAT THAT ONE OF THE REASONS WHY THIS IS THIS IS BASICALLY GOING FIRST BECAUSE THE STORMWATER WORK FINISH SO YOU KNOW THAT THE SUCCESS OF THE ROAD PROGRAM IS DUE TO THE SUCCESS OF THE STORMWATER PROGRAM AND ONE DOESN'T GO WITHOUT THE OTHER SO HAPPY TO SEE PROGRESSION HAPPENING WITH THERE. YES I JUST WANTED TO COMMENT THAT THIS IS ABOUT ONE FOURTH OF THE AREA IN THAT AREA THAT WE APPROVED FOR THE FIRST PHASE OF THE PROJECTS WHICH THAT AREA'S ABOUT A QUARTER OF THE TOTAL YEAR ONE PROGRAMS WAS ABOUT 16TH OF IT'S VERY SMALL BUT IS A VERY BIG STEP FORWARD FOR US. MY CONCERN WAS THAT WE DIDN'T PUT THIS TOGETHER WITH UNIT 42.

THAT IS WHAT WE DISCUSSED WHENEVER WE HAVE VOTED ON THAT AS A MAJOR PIECE OF WHY I VOTED YES ON IT ORIGINALLY FOR THE PROGRAM FOR THE FIRST YEAR PROGRAM OUR FIRST YEAR WAS THAT WE WERE MOVING TO SMALL PROJECTS AND PUTTING ONE BIG ONE IN THERE TO TRY GET SOME ECONOMIES OF SCALE. WHEN I LOOK AT IT I KNOW THAT WE CAN SAY THAT THERE ARE I UNDERSTAND THERE ARE SOME COST INCREASE IN THE PRICE OF ASPHALTS AND MATERIAL. I THINK THAT'S THAT'S IMPORTANT. SAME TIME I KIND OF HAVE A LITTLE BIT RELUCTANCE IN THE FACT THAT I THINK THAT WE SHOULD HAVE HAD THOSE TOGETHER BUT THEY'RE NOT TOGETHER. I KNOW THAT WE'RE GOING TO VOTE FOR THIS TONIGHT WE'RE GOING TO MOVE FORWARD. I THINK THE GREAT THING ABOUT THIS WAS IS THAT WE WILL BE ABLE TO SEE THE DIFFERENCE IN THE YEAR PRICE HERE COMPARED TO THE UNIT PRICE OF THE LARGER PROJECTS COMING FORWARD. BUT NOW THIS IS JUST REMEMBER THIS IS A SMALL PROJECT WE CAN'T AFFORD 16 PERCENT OVERRUNS ON THE REST OF THE PROGRAM WE WILL NOT HAVE ENOUGH MONEY AND SO THAT'S WHAT I'M GOING TO BE LOOKING AT CLOSELY BUT THE REST OF THAT AREA UP THERE MY UNDERSTANDING SHOULD BE PUT OUT NEXT MONTH AND HOPEFULLY AWARDED IN DECEMBER SO IT'S IT'S ALL FLOWING ALONG AND I JUST WANT MAKE SURE THAT WHEN WE GET TO THAT WORKSHOP THAT WE'RE REALLY READY DISCUSS WHERE WE WANT TO GO WITH YEAR 2 AND IT'S NOT SO MUCH OF WHERE THERE ARE CERTAIN HOLES OF OF ROADS ARE READY FOR STORMWATER BUT MORE OF IS THAT WE'VE KIND OF TAKEN THE LEAD AS COUNCIL TO SET DIRECTION. SO ANYHOW IT'S CERTAINLY A FINE DAY FOR THIS TO BE THE VERY FIRST AWARD FOR THE PROGRAM THAT I'M GOING TO CALL IT. ALL IN FAVOR SAY AYE. AYE. OPPOSED SAY NAY. MOTION CARRIES. OKAY. MOVING TO COMMITTEE AND COUNCIL REPORTS

[Committee and Council Reports]

TOURIST DEVELOPMENT COUNCIL MAYOR. VERY QUICKLY FOR TOURIST DEVELOPMENT COUNCIL A COUPLE OF THINGS THAT HAVE BEEN APPROVED. FIRST OF ALL WE HELD THE TDC MEETING OVER BREVARD COUNTY ZOO. FIRST I DID THAT I'VE DONE THAT AND

[01:20:05]

NOTHING SIR. COUNCILMAN BAILEY. WELCOME EVERYBODY BACK TO SCHOOL AND JUST BE SAFE AND BE EARLY. COUNCILMAN SANTIAGO. NOTHING. DEPUTY MAYOR ANDERSON. CONGRATULATIONS TO CHIEF MOYA, EXCELLENT CEREMONY THE SWEARING IN THERE I DID BACK TO SCHOOL OBVIOUSLY I WANTED THE PARENTS TO BE PATIENT WITH THE CITY OF PALM BAY WE KNOW THERE'S SOME CAR LOOP ISSUES OBVIOUSLY BUT WE'RE WORKING WITH THE PRINCIPALS OF SCHOOL BOARD TRAFFIC AND THE POLICE AND WE'RE TRYING TO GET ALL THOSE SQUARED AWAY SO PLEASE BE PATIENT WITH US. ONLY THE SECOND DAY SO WE'LL WORK OUT THOSE BUGS AND EVERYBODY WILL BE SAFE AND HAPPY. THAT'S IT SIR. ALL RIGHT. I HAVE NOTHING NOTHING TO ADD.

SO WE'RE GOING TO MOVE INTO NEW BUSINESS. NUMBER TWO MRS. SMITH. RESOLUTION NUMBER

[New Business]

[01:25:02]

* This transcript was compiled from uncorrected Closed Captioning.