[CALL TO ORDER:]
[00:00:02]
IT IS NOW 1500 HOURS. 3 P.M. I'M GOING TO CALL THIS SPECIAL COUNCIL MEETING.
2026-16 TO ORDER. ALL RISE. WILL THE PLEDGE OF ALLEGIANCE WILL BE READ BY OR WILL BE STATED BY COUNCILMAN MIKE HAMMER. FLAG. I PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
MADAM LOEFFLER, ROLL CALL. MAYOR MEDINA. PRESENT.
[ROLL CALL:]
DEPUTY. MAYOR JAFFE PRESENT. COUNCILMAN JOHNSON.HE LADONNA JUST ADVISED HE IS ON HIS WAY. THANK YOU, COUNCILMAN HAMMER.
PRESENT. COUNCILMAN LANGEVIN. MR.. MORTON, PRESENT.
MISS SMITH. PRESENT. SO LET THE RECORD REFLECT.
WE DO HAVE A QUORUM. FIRST AND FOREMOST, I WANT TO DRAW YOUR ATTENTION TO YOUR VISUAL SCREENS.
TO YOUR LEFT AND YOUR RIGHT THERE IS THE DECORUM STATEMENT.
AND WITH THAT BEING SAID, I'M GOING TO PASS IT ON TO MR.
[BUSINESS:]
MORTON AS OUR FIRST ITEM IS DISCUSSION OF PALM BAY ESTATES.THANK YOU VERY MUCH, HONORABLE MAYOR, CITY COUNCIL, THANK YOU, EVERYBODY FOR BEING HERE TODAY. I'M GOING TO PRESENT I'VE GOT KIND OF A UNIQUE POSITION. I THINK THIS HAS BEEN AN ISSUE, DIFFERENT ISSUES FOR MANY, MANY YEARS.
AND I'VE COME TO IT WITH A FRESH PERSPECTIVE OVER THE LAST 12 MONTHS AND 12, 13 MONTHS.
I'M GOING TO PRESENT A HISTORY OF WHAT HAS HAPPENED AND WHERE WE ARE, AS I UNDERSTAND IT, AND I'VE GOT STAFF HERE TO ANSWER ADDITIONAL QUESTIONS. IF WE COULD PULL UP THAT FIRST SLIDE SHOW, WHICH MAY BE OUT OF ORDER, BUT I'LL GO THROUGH IT ANYWAY. SO WHAT WE'RE TALKING ABOUT IS WHAT TRADITIONALLY WAS CALLED DEER RUN SLEW OR DEER RUN CANAL.
THIS IS AN AERIAL PHOTOGRAPH FROM 1943. THIS IS OBVIOUSLY PRECEDING TROPICAL TAYLOR TRAILER TOWN, WHICH LATER BECAME PALM BAY ESTATES AND PRECEDES THE DEVELOPMENT OF MOST OF THE INFRASTRUCTURE IN THIS AREA.
BUT WHAT YOU DO SEE DEVELOPED IS THE FLAGLER RAILROAD, AND I MIGHT HAVE TO MOVE TO DO THIS.
I'M GONNA HAVE TO MOVE TO DO THIS, I APOLOGIZE.
LET ME COME DOWN TO THE CARRY ON, SIR. TAKE YOUR TIME.
ALL RIGHT. BUT WHAT YOU DO SEE IN THIS PHOTO, WHAT I WANT TO CALL YOUR ATTENTION TO IS THERE'S BEEN A LOT OF CONVERSATIONS AROUND THE CITY'S DRAINAGE PIPE. IT'S THE CITY'S STORMWATER.
SO THE STORMWATER IS HISTORIC. AND I'VE HAD THIS CONVERSATION WITH FOLKS. THE STORMWATER HAS BEEN RUNNING THROUGH THIS CHANNEL, AS YOU CAN SEE IT PROBABLY SINCE TIME IMMEMORIAL, BUT AT LEAST DOCUMENTED SINCE 1943, PROBABLY PRIOR.
SO THE RAILROAD WAS PUT IN AT ABOUT 1896. THIS IS HENRY FLAGLER'S RAIL LINE.
I DIDN'T HAVE ENOUGH TIME, BUT IT IS A HISTORIC DRAINAGE.
REGARDLESS OF WHAT WE DO OR DON'T DO, WATER IS GOING TO FLOW THERE.
IT'S WHERE IT GOES. IT'S WHERE IT GOES. IT'S WHERE IT'S ALWAYS GONE.
NOW WHAT IS A DREDGED CANAL WHICH WAS NOT DREDGED IN SEA WALL AT ONE TIME? IT WAS A NATURAL FEATURE. THIS, OF COURSE, WOULD BE FLORIN POND RIGHT HERE.
AND BEYOND FLORIN POND, THERE'S NO DRAINAGE CONTROL STRUCTURE.
THIS BECOMES IMPORTANT. AND YET WE'VE STILL GOT THIS DRAINAGE INTO THE CANAL THAT WAS, I'M ASSUMING, EXCAVATED AND SEAWALL BY AT THAT POINT, 1958, A COMMUNITY CALLED TROPICAL TRAILER TOWN.
PRIOR TO BEING PALM BAY ESTATES. WE GO BACK A LITTLE EVEN FURTHER.
1979, RIGHT. JUST SHOWING YOU THE CONDITION HAS BEEN HERE.
SO WATER HAS CONTINUED TO FLOW. NOW, WHAT THAT BRINGS US TO IS, AND THERE'S A SITE PLAN FOR WHEN THEY PLATTED THEIR DIVISION AND COVERED IN, YOU KNOW, COVERED INDIAN RIVER DRIVE.
THERE WAS A FLOOD IN ABOUT 1997 OR EARLY 1998.
[00:05:04]
ORIGINALLY BY UNDERSTANDING BY PALM BAY ESTATES OR TROPICAL TRAILER TOWN, DEPENDING ON THE YEAR IT WAS DONE.AND TWO THINGS HAPPENED OUT OF THAT FLORIN POND WAS CREATED AND A LOT OF COMMENTS KEEP GOING AROUND.
FLORIN POND IS A CITY. STORMWATER FLAWS AND STORMS. FLORIN POND IS A RECEPTACLE AS A FLOOD CONTROL STRUCTURE MEANT THAT PALM BAY STATES WOULDN'T FLOOD AGAIN.
AND THEIR PIPE WAS ALSO DESTROYED AT THAT POINT.
AND WHAT THE COUNCIL AT THAT TIME HAD SAID WAS, HEY, WE'RE GOING TO STEP IN IN THIS EMERGENCY SITUATION AND PROVIDE FOR MAINTENANCE AND RELIEF. AND THEY WERE CLEAR. I HOPE PEOPLE CAN READ IT.
I DON'T THINK IT'S GOING TO HELP IF I DO THIS, BUT IT SAYS, RATHER THAN THE SOLE INTENT OF THIS RESOLUTION TO PROVIDE ASSISTANCE TO REMEDY A CRITICAL EMERGENCY SITUATION TO PROTECT THE CITIZENS OF PALM BAY AS WELL AS PROPERTY.
BUT IT'S CLEAR THAT THE CITY OF PALM BAY IS NOT ACCEPTING ANY IMPROVEMENTS OR PROVIDE FOR ANY MAINTENANCE OF ANY IMPROVEMENTS IN THE FUTURE, AND THAT THIS ACTION AUTHORIZED WAS ONE TIME BY EMERGENCY ONLY.
AND SO THIS IS WHAT I'VE BEEN FACING IN TERMS OF HOW TO RESOLVE, YOU KNOW, WHERE WE'RE AT.
AND I'VE GOT THE PUBLIC BENEFIT. SO WHAT I WAS TRYING TO DO EARLIER ON TO TRY TO COME TO A RESOLUTION, UNDERSTANDING THAT ANY DECISIONS WOULD HAVE TO COME TO COUNCIL.
I'VE BEEN CLEAR ABOUT THAT SINCE THE BEGINNING. SUZANNE SHERMAN HAD PICKED SOMETHING UP, I DON'T KNOW THE FULL DISPOSITION OF THAT, BUT WHEN I GOT HERE THERE WAS A REQUEST TO WHEN WHEN PALM BAY STATES KNEW THE PIPE WAS FAILING TO GO AHEAD AND PROVIDE SOME ASSISTANCE IF POSSIBLE.
AND WE ORIGINALLY OBTAINED A QUOTE, I THINK THAT WAS JOHN MCCALL AND OUR STAFF, IF I REMEMBER THE EMAIL CORRECTLY, AND IT OBTAINED AT THAT POINT IN TIME, IT WAS ABOUT A YEAR AND A HALF, TWO YEARS AGO, A QUOTE TO LINE THE PIPE TO PREVENT IT FROM COLLAPSING FOR ABOUT $40,000.
AND THAT OFFER OF ASSISTANCE AT THAT TIME WAS REJECTED.
PAUL AND I WORKED FOR A FEW MONTHS TOGETHER, CAME UP WITH A CONVERSATION AND I SAID, LOOK, I CAN'T CONTRIBUTE TO THIS, THAT I'M AWARE OF.
LET'S LOOK AT SOLUTIONS. SO THEY WENT OUT AND DUSTED OFF THE QUOTES.
AND I BELIEVE THE NEW QUOTE THAT THEY GOT TO REPLACE THE PIPE CAME IN AT ABOUT 120 TO $140,000.
IT WAS SOMEWHERE IN THAT BALLPARK. AND THEY SAID, MATTHEW, CAN YOU PLEASE HELP US? I SAID, WELL, WHAT I CAN TRY TO DO IS FIND A PUBLIC BENEFIT OR PUBLIC VALUE IN PROTECTING THE FLOOR AND POND RETENTION STRUCTURE.
ALSO, I WANT TO BE CLEAR WITH THAT, THE STORMWATER POND AND THE LIFT STATION ARE TWO SEPARATE PIECES OF INFRASTRUCTURE. THE STORMWATER POND DOES NOT FEED INTO THE LIFT STATION. THE LIFT STATION DOES NOT FEED INTO OR RECEIVE. WE HAVE STORMWATER AND SEWER, TWO COMPLETELY DIFFERENT PIECES OF INFRASTRUCTURE. SO WE ACTUALLY WORKED ON A SETTLEMENT WHERE I AGREED. AND THERE'S DRAFT AGENDA BILLS IN, IN THE RECORD THAT I WAS GOING TO BRING BEFORE COUNCIL AND OFFERS A THIRD ATTEMPT TO TRY TO SOLVE THIS, A REQUEST FOR A $75,000 UP TO, TO ENSURE THAT ADJOINING INFRASTRUCTURE REMAINED UNDAMAGED AND FUNCTIONAL, SORT OF A STABILIZATION AND ENHANCEMENT EFFORT, WE WERE TOLD, YEP, BRING THAT.
WE'RE APPROVED. WE'RE RECEIVED. MATT. LET'S GO.
THANK YOU SO MUCH. AND THEN A FEW WEEKS LATER, I WAS TOLD THAT PALM BAY ESTATES HAD RESCINDED THAT OFFER OF OF ASSISTANCE AND THAT THEY WANTED TO GO A NEW DIRECTION. SO WE BEGAN CONVERSATIONS AROUND EXPLORING A MAINTENANCE EASEMENT.
AND ORIGINALLY THEY DIDN'T WANT TO DEDICATE THE PIPE OR DEDICATING THE PIPE.
THEY DIDN'T WANT TO WANT TO DEDICATE THE PIPE TO THE CITY, WENT OUT TO SOME HOA MEETINGS AND WE ANSWERED SOME CONCERNS. NO, WE'RE NOT TRYING TO TAKE OVER YOUR COMMUNITY. WE'RE NOT TRYING TO TAKE OVER YOUR ROAD. WE'RE TRYING TO FIGURE OUT LONG TERM WHAT THE PUBLIC BENEFIT TO THE SITUATION IS.
HOW CAN THE CITY CAN WE SHOULD WE HELP? WE HAD COME TO AN AGREEMENT TO WORK ON THAT PROCESS A FEW MONTHS AGO TO ABOUT 3 OR 4 MONTHS AGO, TO TRY TO GET A MAINTENANCE EASEMENT OR SOME KIND OF DEDICATION TO BRING TO COUNCIL FOR CONSIDERATION.
LET'S NOT WORRY ABOUT I KNOW YOU WANT YOUR CANALS DREDGED. IT'S A SEPARATE ISSUE. YOU WANT US TO. THEY WANT US TO ATTENUATE STORMWATER FLOW AND BE ABLE TO RESTRICT OR METER THE AMOUNT. I SAID I CANNOT DO THAT. IT'S A STORM CONTROL STRUCTURE.
I CAN'T TURN THE VALVE OFF. THE WATER IS GOING TO GO SOMEWHERE. IT'S ALWAYS COME THROUGH HERE. I HAVE NOWHERE TO DIVERT THE WATER OR TURN THE WATER VALVE OFF. WE CAN'T BRING THIS INTO THE TO THE REPAIR CONVERSATION. WE NEED TO ADDRESS REPAIRING THE PIPE.
IT TOOK SOME TIME TO GET THROUGH THAT FOR ME TO REINFORCE.
I SAID, LOOK, WE DON'T NEED THE PIPE. IT'S YOUR PIPE.
[00:10:01]
WHAT I'M TRYING TO DO IS FIGURE OUT A SOLUTION BEFORE WE HAVE A CATASTROPHIC FAILURE. SO, SO ESSENTIALLY NOW HERE WE ARE.GOOD AFTERNOON SIR. AND AS A MATTER OF POLICY, WHICH WAS ONE HURDLE WE HADN'T CROSSED YET, WE DON'T ACCEPT FAILED OR FAILING INFRASTRUCTURE.
YOU HAVE TO BRING IT UP TO STANDARD, MAKE SURE IT'S FUNCTIONAL AND OR PROVIDE A MAINTENANCE BOND.
SO WE'VE GONE FROM. PULL UP THE SLIDE AGAIN PLEASE.
I'M SORRY. THE ORIGINAL SLIDE SHOWS I CAN SHOW. COUNCILMAN. JOHNSON. SO WE'VE SO WE'VE GONE TO FROM AGAIN FROM A FACT FINDING PIECE IS A HISTORIC DRAINAGE SINCE 1943. IT'S REALLY CLEAR TO SEE THE WATER HAS GONE WILL ALWAYS GO THAT WAY UNLESS SOMETHING MAJOR HAPPENS WHEN THE EARTH DECIDES TO ROTATE A DIFFERENT DIRECTION.
AT THEIR REQUEST, THE PALM BAY ESTATES BOARD'S REQUEST, WHEN WE WENT OUT THERE THE OTHER DAY AND DID AN EMERGENCY SHORE UP, I DID THAT TO PRESERVE FUNDAMENTALLY, FIRST AND FOREMOST, LIFE DID NOT WANT PEOPLE BEING STRANDED.
ALSO, MORE IMPORTANTLY OR JUST AS IMPORTANT, I SHOULD SAY, TO PRESERVE OUR INFRASTRUCTURE, A EIGHT INCH WATER LINE HAD BEEN EXPOSED AND WAS AT RISK OF MAYBE BREAKING, AND ALSO TO TRY TO STEM THE TIDE OF THE ILLICIT DISCHARGE NOW FROM PALM BAY ESTATES INTO THE DEER RUN SLOUGH, AND TO PROVIDE A WORKING BASE FOR OUR CREW TO STABILIZE THE UPSTREAM INFRASTRUCTURE UP TO FLORIN POND, WE WERE ASKED TO GET A QUOTE WITH CATHCART CONSTRUCTION, WHO WAS ON SCENE AT THE TIME, AND THEY PROVIDED WITHIN, I'M GONNA SAY, WITHOUT IN ABOUT AN HOUR NOT TO EXCEED PRICE OF $550,000.
NOW WE'VE GONE FROM 40 TO 550 AFTER TWO YEARS OF NOT NOT DOING THIS.
AND WE OFFERED AT THAT POINT, I SAID AGAIN, I'VE GOT TO CHECK WITH COUNCIL.
WE'VE GOT TO FIND A PUBLIC BENEFIT, A PROPORTIONAL SHARE, IF THERE IS ANY.
I THINK MY STAFF IS TELLING ME THAT WE HAVE SOMEWHERE IN THE NEIGHBORHOOD OF $100,000.
IF I LOOK AT WHAT I NEED TO PROTECT FROM OUR STORMWATER NOW THAT OR THAT, THAT COULD BE AT RISK, WE'RE SEEING SOME SHIFTING OF THE BAFFLE BOXES THAT ARE CONNECTED, WHICH IS GOING TO COST A LOT OF MONEY TO FIX IF THIS CONTINUES TO DETERIORATE AND I'VE GOT AN EXPOSED WATER LINE AND WE'RE DISCHARGING WATER NOW, WE BEING THE COMMUNITY INTO INTO THE TURKEY CREEK.
SO I COULD MAKE THAT ARGUMENT, HAVE A CONVERSATION WITH THE CITY ATTORNEY, MAKE IT TO COUNCIL, BUT I BELIEVE WE COULD PLEDGE UP TO $100,000 AND A PRO RATION SHARE YOUR BALANCE BEING 450.
THEY SAID THEY DIDN'T HAVE 450. SO I SPENT TWO DAYS ON THE PHONE AND EMAIL AND CALLED EVERY AGENCY THAT I COULD THINK OF, FROM ARMY CORPS TO BREVARD EOC. OUR STATE SENATOR OR CONGRESSMAN OR SORREL.
ON AND ON. TRYING TO FIND ANYONE WHO MIGHT HAVE EMERGENCY RESOURCES. AND I WAS SORT OF TOLD THE SAME THING AS I HAVE RELAYED TO PALM BAY STATES, THIS IS STILL PRIVATE INFRASTRUCTURE, AND MOST AGENCIES DO NOT MAKE PUBLIC MONEY AVAILABLE FOR PRIVATE INFRASTRUCTURE.
SO. SO HERE WE ARE TODAY. I WAS OUT OF OPTIONS.
THANK YOU. SO ANY QUESTIONS OF STAFF? COUNCIL.
GO AHEAD COUNSELOR. I JUST WANT TO MAKE SURE I HEARD CORRECTLY. YOU'RE SAYING THIS WILL ALSO AFFECT THE BAFFLE BOXES, CORRECT. THE ONES THAT WERE STATE FUNDED, THE CULVERT FINALLY COLLAPSED AND FAILED IN UNDER THERE UNDER THE PALM BAY ESTATES ROAD AND PARKING LOT.
THERE WAS A HEAD PRESSURE THAT BUILT UP AND THEY HAVE VIDEOS OF IT.
I HAVEN'T SEEN THEM, BUT THEY SAID THEY TOOK VIDEO WHERE WATER IS SHOOTING.
I WAS TOLD 50 TO 100FT OUT OF A BAFFLE BOX. IT'S NOT DESIGNED FOR THAT KIND OF BACK HEAD PRESSURE.
AND WHEN WE INSPECTED THE FIRST BAFFLE BOX, 25 TO 30FT WEST, IS THAT ABOUT THE RIGHT DISTANCE OF THE PARKING LOT? IT LOOKS LIKE THE CULVERT ON THE WEST SIDE NOW HAS BEGUN TO SUNK AND SHIFT, SO THERE COULD BE ADDITIONAL DAMAGES TO THE CITY INFRASTRUCTURE PORTION OFF SITE THAT HAVE NOW RESULTED BECAUSE OF THE FAILURE OF THE CULVERT.
WE DID DO A SURVEY THE SAME DAY TO TRY TO DELINEATE WHERE THE WATER WENT.
YOU CAN USUALLY TELL BY THE DEBRIS FROM THE OVERFLOW.
THE POND OVERFLOWED, OF COURSE, WHEN THE CULVERT COLLAPSED, OVERTOPPED AGAIN, ITS FLOOD CONTROL STRUCTURE AND FLOODED DOWN, I THINK THROUGH THEIR NEIGHBORHOOD. I WASN'T THERE TO SEE THAT, BUT IT LOOKED LIKE FROM THE DEBRIS, THAT'S WHERE IT HAD GONE. AND THEN BACK OVER THE BACKSIDE TO ANOTHER PART OF ANOTHER SEPARATE NEIGHBORHOOD.
OKAY. THANK YOU. THANK YOU. MAYOR. ANY ADDITIONAL QUESTIONS? FIRST, WHEN FLOOR AND POND FLOODS, IT BASICALLY FLOODS THAT THAT NEIGHBORHOOD.
CORRECT. IT COMES. SO THIS THE FOREIGN BOND IS A HIGHER ELEVATION.
I HOPE I'M UNDERSTANDING CORRECTLY. LET ME GET TO A MORE CURRENT PHOTO. THERE WE GO.
SO FOREIGN POND HAS A TENDENCY JUST BECAUSE OF TOPOGRAPHY HAS A TENDENCY.
AND WHERE IT'S ALWAYS GONE, IT'S GOING TO GO THIS WAY. AND IT'S ALSO NOW IN THIS LATEST EVENT, LOOKS LIKE IT TRAVELED DOWN THE HILL THIS WAY, POTENTIALLY FLOODING A HOME OVER HERE AND HAVEN'T CONFIRMED THAT.
BUT I JUST GOT REPORTS OF THAT A FEW DAYS AGO.
OKAY, SO WEST AND EAST OR NORTH AND EAST? EXCUSE ME.
[00:15:04]
SO WHEN I DID MY RESEARCH ON IT, LIKE, LIKE I'VE, I'VE TALKED TO AS MANY PEOPLE AS I CAN.MY QUESTION WAS, SO ORIGINALLY THIS PALM BAY ESTATES WAS ONLY ON THE EAST SIDE OF THE CANAL.
CORRECT? ORIGINALLY, THAT IS MY UNDERSTANDING.
I WAS NOT ABLE TO TRACK DOWN. THERE'S A GAP IN THE PHOTO RECORD, AND SO WHAT I COULD GRAB READILY AVAILABLE IN THE LAST COUPLE OF DAYS FROM A COMBINATION OF BREVARD COUNTY AND I BELIEVE IT'S FSU, WHO MADE ITS FSU OR FIA, MAINTAINS AN ONLINE DIGITAL ARCHIVE.
BUT MY UNDERSTANDING IS SOMETIME BETWEEN 58 WHEN IT WAS PUT IN AS TROPICAL TRAILER TOWN.
AND UP TO THIS DATE, THE SECOND HALF, THE BACK HALF OF THE COMMUNITY THAT YOU SEE HERE WAS CREATED NEEDING, NECESSITATING THE COVERAGE OF THAT REMAINING STORMWATER FLOW DITCH.
AS YOU'VE SEEN FROM THE HISTORIC PHOTO HERE, WHERE IT ALWAYS CAME THROUGH.
TO COVER OVER. SO OBVIOUSLY YOU COULDN'T PUT A ROAD AT GRADE.
IT WOULD FLOOD. WE HAD FLOOD THROUGH THERE. SO HOW I'M TRYING TO UNDERSTAND THIS IS BASICALLY LIKE WHEN SOMEBODY MOVES INTO THEIR REGULAR HOUSE IN PALM BAY AND THEY PUT A CULVERT PIPE IN FRONT OF THEIR HOUSE, THAT'S THEIR ACCESS TO THEIR DRIVEWAY.
CORRECT. GET TO THEIR HOME. SO WHEN THEY BUILT THE SECOND HALF, THAT CULVERT PIPE WAS THERE ACCESS FOR THE BACK HALF? CORRECT. YEAH. YEAH. AND IN 98 WE GAVE THEM $5,000.
AND THE PIPE, WE GAVE THEM THE PIPE IN 5000. THE 5000 WAS FOR THEM TO GO HIRE A PRIVATE CONTRACTOR, WHICH HAPPENED. THEY HAD IT INSTALLED THROUGH A PRIVATE CONTRACTOR. THE CITY DID NOT INSTALL IT. AND THEN THERE WAS ALSO A CLAIM THAT WE DAMAGED THE PIPE WHEN WE DID THE WATER. WE DID NOT EXCAVATE. WHEN WE DID THE WATER LINE, WE DID WHAT'S CALLED PIPE BURSTING.
SO WE NEVER WENT NEAR THAT CULVERT AGAIN. WE CANNOT FIND ANY RECORD OR REASON, AND WE HAVE RECORDS OF EXPERIENTIAL RELEVANCE 40 YEARS BACK THROUGH BILL WATKINSON, THAT WE EVER DUG OR EXCAVATED ON OR NEAR THAT PIPE.
HEARD SOME REPORTS. IT MAY HAVE BEEN DAMAGED WHEN IT WAS OFFLOADED, AND THERE WAS WHAT'S CALLED A COFFIN TOP COLLAR PUT ON TOP AT SOME POINT THAT WAS EITHER DAMAGED OR REMOVED OR FAILED, I DON'T KNOW. OKAY.
AND MY OTHER QUESTION IS WHAT CAN LEGALLY BE DONE AT THIS POINT? SO WE'RE HERE. THAT'S WHAT IS THE LEGAL OPTIONS FOR US.
I THINK THAT'S YOUR ATTORNEY FOR THE ATTORNEY. BUT BEFORE WE GO THERE JUST TO CLARIFY, IN 98 IS WHEN THE THE POND WAS CREATED, WOULD YOU PULL THAT UP? YES, I'M BEING TOLD, OF COURSE, I WASN'T HERE WHEN THAT BLEW OUT IN 1998.
PUBLIC WORKS RECOGNIZED AT THAT POINT THAT BECAUSE THIS IS A WAS A NATURAL DRAINAGE FLOODWAY, THAT IT PROBABLY SHOULD BE WHAT WE CALL ATTENUATED, MEANING WATER IS GOING TO MOVE AT DIFFERENT VELOCITIES DEPENDING ON THE RAINSTORM. THAT WAS A LOGICAL POINT. HAS IT ALWAYS BEEN A WETLAND AND A POND TO SORT OF CAPTURE THAT WATER? AND YOU CAN SORT OF METER THE FLOW OUT THE OTHER SIDE, SO YOU DON'T GET ALL THAT RAIN EVENT AT ONCE.
IT'S VERY SIMILAR TO WHAT HAPPENS. I'VE HEARD A LOT OF CONVERSATION ABOUT THE APARTMENTS DOWN THE ROAD. SO THE APARTMENTS DOWN THE ROAD NOT ONLY HAVE A CITY PERMIT, BUT THEY'VE GOT A SAINT JOHN'S PERMIT FOR STORMWATER.
SO THAT WAS ENGINEERED. IT'S NOT PART OF THIS DRAINAGE SYSTEM.
RIGHT. AND THEY'RE REQUIRED BY THEIR PERMIT TO MAINTAIN PRE AND POST STORM EVENT CONDITION FLOWS.
SO THEY HAVE UNDERGROUND VAULTING. THEY'RE DOING THE SAME THING. ARE THEY RECEIVING MORE WATER. YES. BECAUSE YOU HAVE ROOFTOPS NOW INSTEAD OF GRASS. BUT WHAT THEY DO IS THEY PUT IT IN THE UNDERGROUND VAULT. IT GETS TO A LEVEL AND IT DRAINS OUT.
MEANING TO MITIGATE HIGH WATER MARK EVENTS. SO THEIR ENGINEERING AND THEIR PERMITTING, IT DOESN'T TIE DIRECTLY IN, BUT IT DOES DOES HAVE THAT THEIR OWN ENGINEERED CONSIDERATIONS TO PREVENT ADDITIONAL IMPACTS FROM STORMWATER.
SO THAT'S THE REVIEW THAT HAPPENED THERE. COPY THAT.
DO YOU HAVE ANY QUESTIONS DEPUTY MAYOR AT THIS TIME. SO MR. MORTON, I'D LIKE TO CALL UP BECAUSE THIS PRECEDES YOU.
AS YOU ELOQUENTLY MENTIONED, YOU'VE ONLY BEEN AT THIS 13 MONTHS.
BUT I'M AWARE THAT YOU MENTIONED MR. MCCALL. I THINK, I THINK AND I THINK CHRISTINE.
NO. SOLOMON. NO, THE OTHER GENTLEMAN. KEVIN, HE'S BEEN HERE FOR QUITE A WHILE.
MR.. MR.. YEAH, BUT MR. MCCALL WAS IN PREVIOUS MEETINGS, IS THAT CORRECT? YOU MENTIONED JOHN MCCALL. NO, I THINK HE JUST GOT SOME EXPERIENCE, HAVING BEEN AROUND THE ISSUE IN PUBLIC WORKS FOR A WHILE, HIM AND HIM AND BILL ATKINSON, I THINK HISTORICALLY PROBABLY HAVE THE MOST EXPOSURE TO THE ISSUE.
AND WHAT I WAS SAYING IS I RELIED ON THEM AND THE FILES OF DOCUMENTATION TO TO GET TO THE RECORD OF WHAT HAS ACTUALLY HAPPENED SINCE AT LEAST SINCE 1998. AND THEN PRECEDING THAT IN TERMS OF WHY WAS A POND EVER CONSTRUCTED? HOW WAS THE LIFT STATION RELATED? WHAT HAPPENED DURING THE FLOOD EVENT IN 98? WHAT ORIGINALLY CREATED THIS CONDITION SEEMS TO BE HISTORICAL, PROBABLY CREATED IN SOME PART BY THE RAILROAD IN THE 1890S.
TO SORT OF UNPACK WHERE WE AT AND WHY. I JUST WANTED TO SEE IF WAS MR.
[00:20:05]
MCCALL PART OF ANY PREVIOUS MEETINGS REGARDING THIS? IS THAT YES OR NO? I BELIEVE SO YOU'D HAVE TO CALL IF HE'S WILLING TO.GOOD AFTERNOON. COUNCIL. NOT OF THE RECENT MEETINGS BUT UNDER OUR PREVIOUS STUDY.
YES, SIR. YEAH, THAT'S YEARS AND YEARS AGO. I WAS IN SOME MEETINGS.
SO THIS HAS BEEN AN ONGOING ISSUE FOR A LONG TIME.
OKAY. IS THERE ANYTHING THAT YOU COULD ADD BASED ON YOUR RECOLLECTION OF THOSE MEETINGS? IT'S JUST LIKE I SAID, IT'S BEEN AN ISSUE GOING ON FOR A LONG TIME.
THE PIPE WAS DAMAGED. AND, YOU KNOW, I DON'T KNOW.
WE WEREN'T THERE WHEN THE I BELIEVE IT WAS PARMENTER.
THEY INSTALLED THE PIPE THAT THEY HIRED. AND YOU KNOW, I'VE BEEN INSIDE THE PIPE AND IT, YOU COULD SEE IT WAS NOT INSTALLED PROPERLY BY THE CONTRACTOR AT THE TIME. COPY THAT.
SO AND IT HAD CRACKS IN IT AND YOU COULD SEE WHERE THERE'S MATERIAL COMING IN.
THE WAY THEY DID. UNDERSTOOD. SO. AND IN 98 THIS WAS INSTALLED BY A PRIVATE CONTRACTOR.
AND THIS WAS LATE IN THE YEAR. SO IT MAY HAVE. THANK YOU JOHN. DRIFTED OVER INTO 1999.
I DON'T HAVE THE FINISH DATE BUT THE RESOLUTION TO PROCEED.
IS DATED. JANUARY. SO IT WOULD HAVE BEEN EARLY ON OR ABOUT JANUARY 23RD OR 24, 1998 IS WHEN THIS HAPPENED. THE RESOLUTION FOLLOWED SOMETIME IN THE IN THE FOLLOWING MONTHS.
SO IT PROBABLY WAS IN THAT FIRST HALF OF 1998.
OKAY. ALL RIGHT. THANK YOU. ANY ADDITIONAL QUESTIONS BEFORE? YEAH. MAYOR. YES, SIR. MR. MARTIN, YOU. MR. MCCALL MENTIONED THAT HE SAW DAMAGE AND ORGANIC MATERIAL FALLING THROUGH THE PIPE.
IT'S THE OLD ADAGE A STITCH IN TIME SAVES NINE, RIGHT? EARLIER THE MAINTENANCE. THAT'S WHAT WE'RE. THAT'S WHAT WE'RE LEARNING NOW. THEY REALLY DO THE MAINTENANCE. YOU KNOW, THE QUICKER IT GETS FIXED. SO WHEN I WAS GIVEN PHOTOS FROM PAUL AT PALM BAY ESTATES AND HE'S LIKE, HERE YOU SEE THESE, THESE CRACKS, THESE, THESE THINGS THAT ARE STARTING TO AND SOME RUBBER THAT WAS STARTING TO HANG DOWN. AND I SAID, HEY, IS THIS A CANDIDATE ASSET? IS THIS A CANDIDATE FOR SLIP LINING THE PIPE OR, YOU KNOW, SPIN CASTING IT OR SOMETHING? BUT BASICALLY YOU BUILD A PIPE INSIDE OF A PIPE, REDUCING THE NEED, ELIMINATING THE NEED TO EXCAVATE, DIG UP AND REPLACE A PIPE. WE DO THAT A LOT WITH OUR UTILITY PIPES. WE DO IT WITH CULVERTS AND DRAINAGE PIPES TO PREVENT HAVING TO GO BACK AND, YOU KNOW, EXCAVATE THE ESCALATE THAT COST OF CONSTRUCTION.
THANK YOU. THANK YOU. THANKS FOR MAKING IT EVEN MORE CLEAR.
THANK YOU. ALL RIGHT. OKAY. IF THERE ARE NO ADDITIONAL QUESTIONS.
I KNOW YOU HAVE A LEGAL QUESTION, COUNCILMAN HAMMOND, BUT I DON'T THINK WE'RE THERE YET. ALL RIGHT, SIR, JUST STAND FAST WITH YOUR QUESTION. AT THIS TIME.
I WANT TO IN AN ORDERLY FASHION, SEE WHO WISHES TO SPEAK FOR OR AGAINST THIS ITEM.
THAT'S OUTSTANDING. SO YOU'RE THE FIRST SPEAKER, MA'AM? SIR, YOU'RE THE SECOND SPEAKER. YOU'RE THE THIRD SPEAKER.
I'D LIKE TO HAVE UP TO FIVE. YOU'RE THE FOURTH.
YOU'RE NUMBER FOUR. AND YOU'RE NUMBER FIVE. YOU'RE SIX.
COME ON UP, MA'AM. AND AND CAN WE ASSIST HER IN BRINGING THE LECTERN DOWN? THANK YOU. THANKS. WELL, IT'S NOT A IT'S NOT REMOVABLE, MA'AM.
I JUST NEED SOMEONE NEXT TO ME, SO I DON'T. OKAY.
YES, MA'AM. THANK YOU. I APOLOGIZE IN ADVANCE.
I HAVE A DISABILITY, MA'AM. I APPRECIATE YOU BEING HERE, MA'AM.
TAKE YOUR TIME SPEAKING. I'VE WRITTEN THIS DOWN AS A RESIDENT OF PALM BAY ESTATES.
I AM FRUSTRATED AND ANGRY ABOUT THE IRRESPONSIBLE ACTIONS OF THE PALM BAY ESTATES BOARD.
WHAT WAS A RELATIVELY SMALL SINKHOLE LAST SUMMER IS NOW HUGE.
IT'S A DANGER TO RESIDENTS AND A LIABILITY TO THE CORPORATION.
LAST FALL, THE PALM BAY ESTATES BOARD PASSED A RESOLUTION AND ENTERED INTO A CONTRACT WITH THE COMPANY TO MAKE THE REPAIRS DESIGNATED, DESIGNATING RESERVE FUNDS TO BE SUPPLEMENTED BY MONIES OFFERED BY THE STATE BY THE CITY.
WITH RESIGNATIONS ON THE PLANNING BOARD ARE. OUR PALM BAY ESTATES BOARD OF VOTE, THE VERY NEXT MONTH, CANCELED THAT CONTRACT FOR REPAIRS. THE BOARD'S MEMBERS CHOOSING INSTEAD TO FIGHT THE CITY IN AN UNREALISTIC BATTLE.
[00:25:09]
ALMOST A FULL YEAR LATER, WE ARE FACING SIGNIFICANT INCREASES IN REPAIR COSTS DUE TO THE DEGRADING OF THE ROAD, AS WELL AS JEOPARDIZING THE HEALTH AND WELFARE OF RESIDENTS ON OUR LOWER LOOP.INTERESTINGLY, ALL BUT ONE BOARD MEMBER LIVE IN THE UPPER LOOP AND ARE NOT AFFECTED.
A MEMBER SAID THEY COULD JUST BUILD A BRIDGE THEN, AND IT WAS ALL HYPOTHETICAL ANYWAY AND DIDN'T NEED TO BE DISCUSSED UNLESS SOMETHING ACTUALLY HAPPENED. PLEASE NOTE THAT THE MAJORITY OF RESIDENTS IN OUR COMMUNITY ARE UPSET WITH THE FAILURE OF OUR BOARD TO ACT.
WE APPRECIATE THE ASSISTANCE OFFERED BY THE CITY AND WOULD LIKE TO SEE A MEANINGFUL RESOLUTION, BUT BOTH SIDES NEED TO ACT WITH CLEAN HANDS AND WITH AN INTEREST TO SOLVE THE PROBLEM, NOT SCORE POINTS.
THIS IS NOT A GAME. I BELIEVE THE CITY WAS MORE THAN FAIR IN ITS OFFERS OF HELP LAST YEAR, AND I HOPE YOU WILL CONTINUE TO OFFER THE SAME.
THE PPB ESTATES BOARD SHOULD NOT HAVE THEIR BAD BEHAVIOR REWARDED, BUT WE RESIDENTS WOULD APPRECIATE WHAT HELP YOU CAN PROVIDE AND I REALLY WAS IMPRESSED BY THE PEOPLE THAT WERE THERE FROM THE CITY LAST WEEK, DOING THEIR JOBS AND WORKING SO HARD TO HELP OUR COMMUNITY, AND IT SHOWS THE DEPTH OF PROFESSIONALISM AND COMMITMENT TO THE RESIDENTS OF OUR CITY.
AND I REALLY APPRECIATE WHAT YOU PEOPLE HAVE DONE.
THANK YOU. MA'AM. I NEED TO SIT DOWN. I DON'T KNOW IF THEY WANT.
DO YOU WANT THIS? YES, MA'AM. IF YOU'D LIKE TO LEAVE IT.
SPEAKER NUMBER TWO, PLEASE STEP FORWARD. OKAY.
THANK YOU. THANK YOU MA'AM. THANK YOU. SPEAKER NUMBER TWO.
GOOD AFTERNOON. MY NAME IS CLYDE HARMON. MY ADDRESS, 1360 TURKEY CREEK DRIVE, NORTHEAST PALM BAY, FLORIDA. I'M A TAX PAYING CITIZEN OF PALM BAY.
AND I WANT TO THANK THE MAYOR, CITY COUNCIL AND CITY MANAGER FOR TAKING TIME TO HEAR OUR CASE FOR THE DAMAGED PIPE AND ROAD WASHOUT ON INDIAN RIVER DRIVE. DEER RUN CREEK HAS ALWAYS DRAINED INTO INDIAN RIVER LAGOON.
IT IS A SMALL TIDAL FLOW CREEK HISTORICALLY TIED TO TURKEY CREEK AND THE INDIAN RIVER LAGOON.
THE CITY OF PALM BAY CHOSE TO CONSTRUCT FLORIN POND TO MAINTAIN STORMWATER RUNOFF AND INSTALL SEWAGE LIFT STATION FOR THE CITY RESIDENTS. WASTEWATER. THIS WAS DONE YEARS AFTER PALM BAY ESTATES HAD STRUCTED INDIAN RIVER DRIVE OVER DEER RUN CREEK AND HAD ADEQUATE CULPRIT.
CULVERT TO PASS THE CREEK WATER AND FLOW TO THE CANAL.
THE CITY OF PALM BAY CONSTRUCTED FLORIN POND, INCREASING WATER FLOW OF THE CREEK AND CONNECTED TO OUR EXISTING WATER SYSTEM WITHOUT ACQUIRING AN EASEMENT TO FLOW THEIR STORMWATER OVER AND THROUGH THE.
THE. OH, FLOWING OVER OUTDATED SEWAGE STATION SYSTEM INTO OUR CANAL.
WITH ALL THE PAST AND PRESENT DEVELOPMENTS THAT HAVE BEEN ADDED ABOVE PALM COURT FLOOR AND POND.
PALM BAY ESTATES WAS INSTRUMENTAL IN ACQUIRING THE $1 MILLION GRANT FROM THE STATE OF FLORIDA TO PURCHASE AND INSTALL NITROGEN BAFFLE BOXES TO CLEAN THE WATER DISCHARGED FROM FLOORING POND AND ONTO THE INDIAN RIVER LAGOON, WHICH IS AN ENVIRONMENTAL REQUIREMENT. THIS WORK IS SCHEDULED TO START SOON AND WOULD BE A PERFECT TIME TO UPDATE THE PIPES CONNECTING ACROSS UNDER OUR PROPERTY. THE PARK HAS ALREADY APPROVED GRANTING EASEMENT TO THE CITY FOR THAT PURPOSE.
[00:30:08]
I'M ASKING THE CITY LEADERS TO STEP UP FOR THEIR RESIDENTS AND THE ENVIRONMENT, AND CLEAN UP THE WATER DISCHARGE FROM FLOWING POND THAT GOES INTO THE INDIAN RIVER LAGOON. THIS INCLUDES REPLACING THE FOUR FOOT STORMWATER PIPE UNDER A ROADWAY THAT WAS RECENTLY DAMAGED WITH INCREASED WATER FLOW, AND DUE TO THE PATCHED SECTIONS DAMAGED BY CONTRACTORS THAT WERE WORKING FOR THE CITY AND IT WAS IMPROPERLY REPAIRED AT THAT TIME. THANK YOU. THANK YOU. SPEAKER NUMBER THREE.GOOD AFTERNOON, MR. MAYOR. MEMBERS OF COUNCIL.
THOMAS, 1730, LANTANA COURT, NORTHWEST. 20 YEARS AGO, I WAS A CHAMBER OR.
I WAS THE CHAIRMAN OF THE CHAMBER OF COMMERCE, AND THE BCRA WAS VERY ACTIVE IN.
CHAMBER OF COMMERCE, WAS ACTIVE IN IT. THIS WAS AN ISSUE THEN 20 YEARS AGO, TEN YEARS AGO, I WAS RUNNING FOR PALM BAY CITY COUNCIL AND THE CITY WAS UNDER ASSESSMENTS FOR STORMWATER, AND THE HOA WAS A BIT BENT OUT OF SHAPE BECAUSE THEY WERE GOING TO BE ASSESSED, BUT THE CITY WASN'T GOING TO FIX THEIR PRIVATE PIPE.
SO NOW WE COME TO TODAY AND IT'S A CATASTROPHIC FAILURE.
BUT HERE'S THE TRUTH OF THE MATTER. CITY COUNCIL REALLY DOESN'T HAVE ANY POWER TO DO ANYTHING ABOUT IT, BECAUSE YOU DON'T HAVE THE POWER TO ASSESS THE RESIDENTS WHO WOULD REAP A BENEFIT FROM CORRECTING THIS.
HOWEVER, FOR THE LAST 20 YEARS, THE HOA HAS HAD THE POWER TO ASSESS AND HAS DONE NOTHING.
SO WITH THAT, THAT'S WHAT I KNOW ABOUT THE ISSUE.
THANK YOU. THANK YOU. SPEAKER NUMBER FOUR, WE HAVE NUMBER FOUR, FIVE, AND SIX.
AND THEN WE'LL START COUNTING AGAIN. PLEASE STEP FORWARD, SIR.
THANK YOU MAYOR. COUNCIL. A COUPLE THINGS THAT I'D LIKE TO KNOW.
SO WE HAVE A RETENTION POND THERE. THAT'S THE CITY'S RETENTION POND.
WHO OWNS THE PIPE? THAT'S WHAT I WANT TO KNOW.
WHO OWNS THE PIPE THAT GOES FROM YOUR RETENTION POND INTO THE CANAL BEHIND MY HOUSE.
ONCE THAT PIPE STOPS FLOWING, WE DON'T HAVE A PROBLEM ANYMORE.
IF IT'S OUR PIPE AND WE CAN STOP THE WATER FROM FLOWING THROUGH IT, WE HAVE NO PROBLEM.
GREAT. BUT THE RETENTION POND IS OVERFLOWING FOR A LOT OF REASONS.
NOW IT'S ALL GRASS. AT SOME POINT, THE CITY MUST HAVE DONE SOMETHING TO GO FROM THAT RETENTION POND OVER TO OUR SIDE AND THEN PUT THE POND, THE PUT THE PIPE IN ON OUR PROPERTY THERE.
THERE'S A CONNECTING PIPE IN THERE. SOMEBODY OWNS DIFFERENT PIECES OF THAT PIPE.
OUR PIPE IS COLLAPSED. IF OUR IF WE OWN OUR PIPE AND WE WANT TO STOP THE THE FLOW THROUGH IT, THEN WE STOP THE FLOW THROUGH IT. THEN YOUR RETENTION POND FILLS UP.
IT'S FIGURING OUT WHO OWNS THE PIPE. AND OF COURSE, WE'D LIKE THE CITY'S HELP WITH ALL THIS.
THAT'S WHERE I STAND. THANK YOU. SPEAKER FIVE AND SIX.
WHO IS NUMBER FIVE? YOU WERE FIVE. YES. AND YOU'RE NUMBER SIX.
RIGHT, SIR. THE GENTLEMAN BEHIND YOU. GOOD AFTERNOON, MR. MAYOR. AND GOOD AFTERNOON, COUNCIL MEMBERS. MY NAME IS OLEN HILTON AND I'M A 20 YEAR RESIDENT OF PALM BAY ESTATES.
WAS THERE JUST ONE BID ON A COMPLETE REPLACEMENT OF THE PIPE? WAS IT $550,000, MINUS THE $100,000 THAT THE CITY WAS GOING TO COVER, AND WE WOULD BE LEFT WITH $450,000? MY QUESTION IS, IS THAT THE ONLY BID THAT HAS BEEN PUT OUT? SIR, I'D LIKE FOR YOU TO CONTINUE WITH YOUR COMMENTS.
[00:35:02]
STOP THE. STOP THE TIMER. WHAT HAPPENED? I LIKE FOR YOU TO CONTINUE WITH YOUR COMMENTS.AND THEN I JUST MADE A NOTE OF YOUR QUESTION, AND I'LL GET A RESPONSE FOR YOU TO GIVE EVERYONE AN OPPORTUNITY TO LIST THEIR QUESTIONS AS WELL. OH ALL RIGHT, SIR, GO AHEAD AND START THE TIMER AGAIN.
BUT IN OUR PARK WE HAVE BIG TRUCKS OF ALL KIND THAT COME IN TO SERVICE OUR PARK.
WE HAVE REPUBLIC TRASH TRUCK COMES IN TWICE A WEEK.
AND WE ALSO HAVE TRUCKS LIKE BIG HOME DEPOT TRUCKS, LOWE'S TRUCK FURNITURE TRUCKS, BUILDING MATERIALS, TRUCKS. SO WE HAVE BIG TRUCKS COMING INTO OUR NEIGHBORHOOD.
AND THIS IS GOING TO HAVE TO BE FIXED ONE WAY.
THIS HAS BEEN A FESTERING PROBLEM FOR MANY, MANY YEARS.
AND DID I UNDERSTAND CORRECTLY THAT WE BOUGHT THE HAD THE PIPE INSTALLED AND IT WAS US THAT DID IT, IS THAT CORRECT? THE ONE THAT FAILED? WE DID IT.
THAT'S OUR PIPE. NO, IT DIDN'T HAVE PALM BAY CITY DIDN'T HAVE ANYTHING TO DO WITH IT.
IS THAT CORRECT? WELL, WE'LL GO BACK TO THAT.
BUT HE HE DID BRIEF ON THAT. I DON'T WANT TO TAKE AWAY FROM YOUR TIME, SIR.
CARRY ON. OH, OKAY. THAT WAS THAT WAS MOSTLY WHAT I HAD.
THIS HAS TO BE. THIS HAS TO BE FIXED AND IN THE FORESEEABLE FUTURE.
THANK YOU, THANK YOU, THANK YOU. SO NUMBER SIX, THANK YOU.
AND THEN WE'LL START WITH THE NEXT ROUND, FOLKS.
DAVE PERRAULT FROM. PLEASE WAIT TILL YOU GET ON THE MIC, SIR.
THANK YOU. DAVE PERRAULT FROM PALM BAY ESTATES, LOT 111.
THANK YOU ALL FOR HAVING US HERE TODAY. A COUPLE OF QUICK THINGS THAT I DON'T KNOW IF YOU'VE LOOKED INTO IS THIS IS CONSIDERED AN EMERGENCY. WOULD FEMA BE ABLE TO HELP US WHATSOEVER AS WELL AS HELP YOU IN GETTING THIS RESOLVED? ISN'T IT CONSIDERED A DISASTER OF SOME SORTS? I MEAN, I'M JUST SAYING FEMA COULD BE A WAY TO TRY TO AVERT SOME OF THE COST OF THIS.
THE NEXT AND MOST IMPORTANT PART OF MY COMMENT.
THE FEDERAL TRADE COMMISSION THAT APPROVED THOSE TRAINS TO RUN THROUGH OUR PARK.
I'VE BEEN HERE FOR EIGHT YEARS. I'VE BEEN IN PALM BAY.
IN THE FIRST PART OF MY TENURE, THERE WAS NO.
32 TRAINS A DAY GOING BACK AND FORTH. AND WHERE IT'S LOCATED, WHERE IT'S DISINTEGRATING IS CLOSER TO THE TRAIN TRACK THAN FURTHER AWAY, AND IT'S AFFECTED THE WHOLE PALM BAY ESTATES.
PEOPLE CAN FEEL THE TRAINS VIBRATIONS. AND MY PERSONAL OPINION IS THAT YOU GET SOMEONE FROM THE BUILDING DEPARTMENT OR YOUR DPW DEPARTMENT, GET DOWN THERE AND PUT SOME VIBRATION DETECTORS IN THE HALL WHILE IT'S FRESH AND PUT THEM ALONG THE FENCE TO SEE WHAT KIND OF VIBRATION THE TRAIN IS CAUSING.
LOOK WHAT WE HAVE. THAT'S THAT'S BASICALLY WHAT I WANTED TO SAY.
AND I APPRECIATE YOUR TIME. THANK YOU. OKAY. WE'RE GOING NOW FOR THE FIRST SECOND ROUND.
SO ANYONE THAT WISHES TO SPEAK, PLEASE RAISE YOUR HAND.
YOU WILL BE NUMBER ONE. NUMBER TWO, STAND FAST.
ANYONE ELSE WISH TO SPEAK? NUMBER THREE? ANYONE ELSE? OKAY, SO THE NEXT THREE SPEAKERS CARRY ON. THANK YOU, SIR, AND THANK YOU, EVERYONE.
THE DRAINAGE PIPE WAS DAMAGED YEARS AGO AND NOT BY US.
[00:40:03]
WHICH RUNS INTO THE TURKEY CREEK AND EVENTUALLY INTO THE INDIAN RIVER.WE RECENTLY HAD A VERBAL AGREEMENT WITH THE CITY MANAGER TO GRANT THE CITY AN EASEMENT, AND YOU WOULD PREPARE THE PIPE, AND THEN WE WOULD TURN IT OVER TO THE CITY FOR FUTURE MAINTENANCE AND REPAIRS AS NEEDED.
OUR BOARD OF DIRECTORS MET, VOTED UNANIMOUSLY TO GRANT THE EASEMENT.
THIS ISOLATED 120 OF OUR SENIOR CITIZENS AND HAS CREATED A DANGEROUS SITUATION.
IT HAS TO BE FIXED. WE FEEL THE CITY SHOULD PAY FOR THE REPAIRS.
YOU CAN UNDERSTAND THE FRUSTRATION AND THE EMOTIONS ARE FLYING HIGH IN OUR COMMUNITY AFTER BEING A WEEK LONG NOW SINCE THIS FLASH FLOOD, IF YOU WILL. IT CREATED SOME NUMEROUS SITUATIONS FOR EVERYBODY THAT LIVES IN OUR COMMUNITY, OUR SENIOR CITIZENS. THIS IS 55 AND OLDER PARK, AND SOME OF THEM HAVE SOME MEDICAL NEEDS.
BUT THE BOTTOM LINE IS THIS HAS TO BE FIXED AND WE DON'T HAVE THE MONEY.
THANK YOU VERY MUCH FOR ALL YOUR TIME. THANK YOU.
YES. HELLO. MY NAME IS BART HINES. I'M ON THE BOARD HERE.
I WANT TO THANK THE MAYOR AND STAFF FOR SUPPORTING THIS SPECIAL SESSION TODAY.
PLEASE TAKE ATTENTION TO THE WORD TAKING. FLORIDA COURTS UTILIZE RIGID STANDARD TO EVALUATE WHETHER PUBLIC STORMWATER ROUTED ACROSS PRIVATE LAND CONSISTS A CONSTITUTIONAL TAKING UNDER ARTICLE X, SECTION SIX, THE STATE LAW DEMONSTRATES A CLEAR PATTERN. A CITY CANNOT TURN PRIVATE INFRASTRUCTURE INTO A PUBLIC DRAINAGE SYSTEM WITHOUT ASSUMING STRUCTURAL LIABILITY.
THAT'S DONE BY SCHUTZE AND BOTHERING THE LEADING STANDARD COUNTY VERSUS ABERDEEN OR BEACH.
THEY CANNOT FORCE A PRIVATE COMMUNITY TO BEAR THE FINANCIAL BURDEN OF PUBLIC INFRASTRUCTURE.
IF AGREEMENT SHIFTS THE STRUCTURAL COST OF A PUBLIC UTILITY ONTO A PRIVATE COMPANY, IT CONSTITUTES AN UNCONDITIONAL REGULATORY PHYSICAL TAKING SHOTS AND BONE THE CONTINUOUS CHRONIC STANDARD.
MADDEN VERSUS CALUSA. THIS CRITICAL FLOODING CASE ESTABLISHED THAT WHEN A COURT OR CITY CONSTITUTIONAL CHANNELS PUBLIC ORDER ACROSS PRIVATE LOT, A NEW CAUSE OF ACTION OCCURS EVERY TIME IT RAINS.
THE COURT NOTED THAT WHEN THE GOVERNMENT UTILIZES PRIVATE PROPERTY AS A RECURRING STORMWATER DRAINAGE BASIN, IT SUBSTANTIALLY DEPRIVES THE OWNER OF THE LANDS BENEFICIAL USE.
VALUABLE INVERSE CONDENSATION CAN HAPPEN IN CLAIM FLORIDA COURTS.GOV.
THE ACTUAL APPROPRIATION STANDARD BOARD OF COMMISSIONERS.
[00:45:05]
ROADS AND INTENTIONALLY FORCES IT THROUGH PRIVATE PROPERTY.THE RESULTING DAMAGES COMPENSABLE PHYSICAL INVASION.
THAT'S BY THE FLORIDA BAR. I BELIEVE ALL THE RECENT COURT FINDINGS VALIDATE THAT THE CITY OF PALM BAY IS RESPONSIBLE FOR THE STORMWATER THAT DAMAGED OUR CITY IN THE LAST WEEK.
THANK YOU SIR. IS THAT THE END OF IT? YES, SIR.
OKAY. THANK YOU. THANK YOU. THANK YOU. SPEAKER NUMBER THREE.
ANGELA GARRISON. MEMBERS OF THE CITY COUNCIL, ESTEEMED LEADERS, AND MOST IMPORTANTLY, MY FELLOW RESIDENTS, I STAND BEFORE YOU TODAY TO GIVE A VOICE TO OUR ENVIRONMENTAL AND QUALITY OF LIFE, FRUSTRATION THAT HAS BEEN POISONING OUR COMMUNITY FOR FAR TOO LONG.
WE HAVE BEEN DIRECTED FROM THE DEP TO CONGRESS TO THE GOVERNORS, TO THE COUNTY, AND THE BUREAUCRATIC MAZE OF SORROW PROGRAMS AND LEGAL DEPARTMENT DEAD ENDS, ADMINISTRATIVE DODGING AND MISCLASSIFICATION FOR YEARS.
NOW. THIS CYCLE NEEDS TO STOP. THE NATURAL RESOURCES ACTIVELY DETERIORATE AND FUNDING IS DENIED.
LET US BE COMPLETELY HONEST ABOUT WHY WE STAND HERE TODAY.
A CITY GOVERNMENT EXISTS TO SERVE ITS PEOPLE.
INSTEAD, OUR RESIDENTS ABILITY TO LIVE HEALTHILY, TO TRUST THEIR ECOSYSTEM SAFETY AND RELY ON THE LEADERSHIP HAS BEEN STRIPPED AWAY BY EMPTY PROMISES AND CONVENIENT MISCLASSIFICATIONS. I RECENTLY HEARD THAT WE NEED TO HAVE SOME SKIN IN THE GAME.
A GAME OF UNMITIGATED UNATTENUATED DELUGE OF CANCER CAUSING SEDIMENTS, GREASE, PESTICIDES, TOXINS, HEAVY METALS, BACTERIA, PET WASTE SPRINKLED WITH RAW FECES, SEPTIC OVERFLOWS, STOMACH TURNING, TOXIC EVENTS THAT REQUIRE US TO ABANDON OUR OUTDOOR PLANS AND RETREAT INSIDE.
ON ANY GIVEN DAY. SO WHILE EVERYONE ELSE IS ENJOYING THE FRESH AIR, BARBECUES AND HANGING GLOSSY CAMPAIGN FLIERS OUTDOORS THIS SUMMER, VULNERABLE RESIDENTS ARE FRETTING THE HURRICANE SEASON ARE ONCE AGAIN WITH A WASHED OUT ROAD, EMERGENCY EVACUATIONS AND GARBAGE PILE UPS WHILE CONSIDERATELY CARRYING THE WEIGHT OF YOUR DIRTY DISCHARGE FOR OVER 41 YEARS.
THEN SHE WAS OUSTED. 2024. COINCIDENTALLY, THE DRONE SURVEY FOR THE NEW TIDES APARTMENT WAS WRONG.
THIS DRAINPIPES ABILITY TO WITHSTAND ADDITIONAL WATERSHED WAS NOT RIGHT.
2010 CITY CONTRACTORS WERE ALSO WRONG. THEY CRUSHED THE DRAINPIPE, DID NOT.
IT DID NOT LAST 50 YEARS, FAILING TO PROTECT THE RESIDENTS SURROUNDING FLOOR AND POND.
WILL OUR TOILETS AND BATHTUBS NOW HAVE MYSTERIOUS SEWER BACKUPS? SHOULD I CALL A PLUMBER OR THE CITY PAID ENGINEERS? THIS IS NOT ROCKET SCIENCE. UNDERESTIMATING OUR ENDURANCE AND KICKING THE CAN DOWN THE ROAD LED US HERE TODAY.
AND YES, MAKE NO MISTAKE, WE HAVE PLENTY OF SKIN IN THE GAME.
BLOOD, SWEAT, TEARS, AND YEARS OF LIFETIME PAID TAXES.
IT IS TIME FOR THIS ADMINISTRATION TO STEP UP, STEP UP AND STOP PASSING THE BUCK.
THANK YOU. THANK YOU. ANYONE ELSE WISH TO? ANYONE ELSE WISH TO SPEAK FOR OR AGAINST THIS ITEM? ANYONE ELSE? OKAY. THANK YOU. THANK YOU ALL FOR YOUR COMMENTS.
AT THIS TIME, COUNCIL, THERE'LL BE DISCUSSIONS, BUT MR. MORTON, THERE WERE SOME QUESTIONS THAT I LIKE.
THE ONE BID THE VACATING EASEMENT AND MADAM AND THE TRAIN ASPECT TO, TO THAT I, I DON'T KNOW WHERE WE GO THAT'S FEC. BUT I, I WOULD IMAGINE THAT'S COVERED THROUGH THE LIKE A GRANT OPPORTUNITIES THAT HAVE BEEN UNCOVERED. THEN I'D LIKE FOR MADAM SMITH TO COVER SOME OF THE LAW STATUTES THAT WERE DISCUSSED,
[00:50:04]
MA'AM. SO I'LL TEE IT OFF TO YOU. MR. MORTON, IF YOU COULD PLEASE BEGIN TO RESPOND TO SOME OF THOSE QUESTIONS.SURE, I'LL TRY TO. I'LL TRY TO CATCH UP HERE AND ANSWER.
IF I MISS ONE. SOMEONE PLEASE GO AHEAD AND ASK.
AGAIN, JUST THE, THE, THE CONTINUED ASSERTION THAT THE CITY BUILT UPON TO HANDLE STORMWATER, THAT IS, THE HISTORIC FLOW HAS BEEN. THAT WAS A FLOOD CONTROL STRUCTURE TO THE ONE GENTLEMAN'S POINT.
WE'LL JUST TAKE IT OUT. IF WE DO, YOU WILL FLOOD. THE WATER IS GOING TO GO. WHETHER THE POND SLOWS THE WATER DOWN OR NOT, IT'S GONE THAT WAY. THE GROUNDWATER AND SURFACE WATER ARE GOING TO CONTINUE TO MOVE THAT WAY. THAT WAS NOT THE CITY'S PIPE, I THINK WAS THE NEXT QUESTION.
YES. ACTUALLY, PALM BAY STATES DOES DISCHARGE INTO THAT PIPE.
THAT IS A FACT AS WELL. THAT IS NOT INCORRECT, THAT YOU DO NOT USE THAT PIPE. YOU DO DISCHARGE INTO THAT PIPE. SOME OF YOUR DISCHARGES ACTUALLY GO DIRECTLY INTO TURKEY CREEK FROM YOUR GUTTERS AND DOWNSPOUTS, BUT YOU DO HAVE SOME CONNECTION TO THAT STORMWATER PIPE THAT YOU ARE CURRENTLY DISCHARGING INTO. IN TERMS OF A BID, WE PROVIDED THE ONE BID AS A COURTESY ON SITE.
I ADVISE THE BOARD WITH MY MEETING THAT I WOULD SEEK ALTERNATIVE BIDS.
I ALSO PROVIDED THAT INFORMATION TO THE BOARD IN A CONVERSATION.
IN TERMS OF THE RAILROAD TRAFFIC HAS INCREASED.
I DON'T KNOW THE COUNTS. AGAIN, THE RAILROAD'S BEEN THERE SINCE 1890.
THINGS HAVE CHANGED, BUT THAT IS A HISTORIC FEATURE. LASTLY, IN TERMS OF THE CONDITION OF THE PIPE OR DEFERRING, I DID ASK ALSO FOR THE MAINTENANCE RECORDS, AS WERE REQUIRED BY PALM BAY ESTATES TO MAINTAIN THAT INFRASTRUCTURE.
AND THEY CAN PROVIDE NO MAINTENANCE RECORDS SINCE 1998 ON THAT PIPE.
SO AN ADDITIONAL QUESTION THAT CAME UP AS WELL IS, IS WHEN WE OFFERED WHEN DID WE OFFER TO PROVIDE THAT SERVICE OF SOLIDIFYING WHEN WE IDENTIFY THAT DEPUTY MAYOR NOTICED OR ELOQUENTLY STATED TO REINFORCE THE PIPE, WHEN, WHEN DID THAT OCCUR, THAT OFFER? SO THAT OCCURRED IN 2025. WHEN I FIRST GOT HERE, I OFFERED TO SLIP LINE THE PIPE AND I THINK IT WAS THE PALM BAY ESTATES BOARD AT THAT POINT SAID THAT'S NOT SUFFICIENT ENOUGH. WE DON'T THINK THAT WILL WORK. WE'RE GOING TO GO GET THIS ESTIMATE REFRESHED. AND THAT'S HOW WE GOT TO EVENTUALLY, THE $75,000 THAT IT HAD TO BRING TO COUNCIL AGAIN TO TRY TO PROTECT THE INFRASTRUCTURE AND THE WATER LINE AND, AND HELP CONTRIBUTE TO THE RESOLUTION OF THE SITUATION. THANK YOU. AND SO NOW I'D LIKE TO, TO ASK MADAM ATTORNEY THERE WERE SOME STATUTES THAT WERE THROWN WHAT ARE YOUR THOUGHTS REGARDING NOT ONLY THOSE STATUTES, BUT WHAT, WHAT ARE YOUR LEGAL? AND I'M GOING TO TEE IT OFF TO COUNCILMAN HAMER, WHO HAD A SPECIFIC QUESTION LEGALLY, BUT LET'S COVER SOME OF THE STATUTES THAT WERE MENTIONED. SIR, THERE IS NO TAKING. I WILL STATE, AS YOU KNOW, SOME OF YOU MAY NOT KNOW, BUT THERE PALM BAY STATES ACTUALLY SUED THE CITY IN 2019. I DID I PERSONALLY HANDLED THE CASE THAT WAS ULTIMATELY DISMISSED BY PALM BAY AS STATES. THEY HAD THEIR EXPERT. WE HAD OUR EXPERT.
THE PIPE WAS NOT PUT DOWN BY THE CITY. IT IS PALM BAY ESTATES PIPE.
THERE WAS ACTUALLY SOME ISSUE AS FAR AS THE SIZE OF THE PIPE, BECAUSE I THINK AT ONE POINT IN TIME AND EVEN THEIR ENGINEER HAD MADE SOME CALCULATIONS BASED, I THINK, ON A 48 INCH PIPE.
BUT WHEN THEY INSPECTED IT, PART OF THE PIPE, IT APPEARS THAT MAYBE WHEN IT WAS DAMAGED, THEY REPLACED IT WITH A SMALLER PIPE, WHICH WAS ACTUALLY CONTRIBUTING TO SOME OF THE ISSUES WITH THE PIPE.
WE DON'T KNOW WHEN IT WAS CHANGED, BUT THE THERE ARE CERTAIN SECTIONS OF THE PIPE THAT DOES NOT MEET WITH THE PLANS, BUT AS FAR AS SHUTTING DOWN THE PIPE, WE HAD THOSE DISCUSSIONS WITH THE.
AND THEN THERE WAS SOME ISSUE ABOUT WHAT'S GOING ON WITH THE ROAD.
SO A LOT OF THESE ISSUES WE ADDRESS IN 2019 2020, WHICH IS WHY THEY ENDED UP DISMISSING THE CASE.
THERE IS NOTHING THAT THE CITY IS DOING WRONG TOWARDS THEM.
[00:55:02]
INFRASTRUCTURE WHILE THEY MAINTAIN THEIR OWN PRIVATE ROAD, AND IS NOT BECAUSE THE CITY JUST HAS ALL THIS MONEY AND IT JUST DOESN'T WANT TO HELP THEM. WE HAVE LEGAL PROHIBITED AGAINST US, PARTICULARLY THE CONSTITUTION DOES NOT ALLOW US TO USE CITY RESOURCES, PUBLIC RESOURCES FOR PRIVATE BENEFIT. THERE CAN BE INCIDENTAL BENEFIT, BUT THERE ALWAYS HAS TO BE A PUBLIC PURPOSE FOR USING PUBLIC FUNDS. AND SO THAT HAS BEEN THE PROBLEM THAT WE'VE BEEN HAVING WHERE WE'VE BEEN TRYING TO WELL, WE CAN DO SO MUCH BECAUSE WE NEED TO PROTECT THE PUBLIC INFRASTRUCTURE, BUT YOU ALL HAVE TO BE WILLING TO DO SUFFICIENT TO HELP YOUR OWN PRIVATE, YOUR OWN PRIVATE PIPES, YOUR OWN PRIVATE ROAD.NO, WE WILL NOT DO ANYTHING THE CITY NEEDS TO DO ALL.
AND THE CITY CAN'T DO ALL. NOT WHEN THERE'S. THESE THINGS ARE PRIVATELY OWNED.
ALL RIGHT. THANK YOU. THANK YOU. MA'AM. COUNCILMAN.
SIR, YOU'RE OUT OF ORDER. COUNCILMAN. YOU HAD A SPECIFIC QUESTION FOR THE CITY ATTORNEY.
WHAT CAN WE LEGALLY DO TO HELP? WAS IS MY FIRST THING IN MY DISCUSSION.
WHAT CAN WE LEGALLY DO TO HELP THEM TO WHERE ONE FLORIN POND DOESN'T FLOOD AND THE PEOPLE AROUND THERE GET THEIR HOMES FLOODED BECAUSE THE HISTORIC OUTFALL IS RIGHT THROUGH THERE.
SO WHEN THEY FIRST MOVED THERE, THEY HAD TO ALLOW THE WATER TO FLOW THROUGH THERE.
SO WE'RE NOT REALLY GOING FROM PRIVATE TO PUBLIC.
IT WENT FROM PUBLIC TO PRIVATE. SO WE NEED TO BE ABLE TO LET THE WATER FLOW THROUGH THERE.
BUT WHAT CAN WE DO TO MAKE SURE 101 HUNDRED PLUS PEOPLE AREN'T STRANDED? BECAUSE IF THEY DON'T HAVE THE FUNDING, SOMETHING HAS TO THERE HAS TO BE A MECHANISM THAT KEEPS 100 PEOPLE SAFE.
SO WHAT IS THE LEGAL MECHANISM OTHER THAN IF 100 PEOPLE CAN'T BE SAFE, WHAT DO THEY DO? GET CONDEMNED? I'M I'M I'M CONFUSED WHAT THE NEXT STEP IS HERE.
IF THEY CAN'T FIX IT AND WE CAN'T FIX IT, WHAT HAPPENS THEN? THANK YOU. CARRY ON. MADAM. ATTORNEY. CERTAINLY.
I CANNOT PROVIDE POLICY DIRECTION. BUT WHAT I CAN TELL YOU AND WHAT I HAVE PROVIDED FOR YOU EACH IS THE ATTORNEY, 2002 ATTORNEY GENERAL OPINION, 2000 AND 2-48, WHICH ADDRESSES IN THAT CASE A COUNTY, BUT ALSO REFERENCES CITIES BECAUSE THE CITIES ARE SUBDIVISIONS OF THE STATE, AND BECAUSE IN THAT OPINION, THE QUESTION WAS COULD COUNTY FUNDS BE USED TO MAINTAIN OR REPAIR PRIVATELY OWNED ROADS AND RELATED INFRASTRUCTURE, OR PRIVATELY OWNED WATER AND SEWER SYSTEMS IN PRIVATE COMMUNITIES.
AND IT WAS. THE COUNTY MAY FURNISH THOSE SERVICES.
PROVISION IS MADE FOR PAYMENT OF ALL ACTUAL COSTS BY THE OWNER OR OWNERS OF THE PRIVATE ROAD OR WATER OR SEWER SYSTEM TO THE COUNTY, AND IT'S DETERMINED THAT SUCH A PROGRAM SERVES A COUNTY PURPOSE.
AND IT GOES THROUGH YOUR CONSTRUCTIONS, WHICH, AS FAR AS ARTICLE SEVEN, SECTION TEN OF THE FLORIDA CONSTITUTION, WHICH PROHIBITS THE STATE AND ITS SUBDIVISIONS FROM USING THEIR TAXING POWER OR PLEDGING PUBLIC CREDIT TO AID ANY PRIVATE PERSON OR ENTITY.
YOU MUST FIND, IF YOU'RE GOING TO USE PUBLIC FUNDS, THAT IT SERVES A PUBLIC PURPOSE AND HELPING A PRIVATE COMMUNITY ON THEIR PRIVATE ROAD WITH THEIR PRIVATE PIPE IN AND OF ITSELF IS NOT A PUBLIC USE.
BUT IF YOU CAN FIND SOME PUBLIC PURPOSE. YES.
AND IT TALKS ABOUT AN EMERGENCY, WHICH IS WHAT THE CITY DID WHEN WE PASSED RESOLUTION 98-04.
THERE WAS A STORM WASHED OUT SEVERAL ROADS WITHIN THE CITY, INCLUDING THEIRS.
BUT I CAN TELL YOU THAT A PRIVATE COMMUNITY DECIDING NOT TO PROPERLY MAINTAIN THEIR INFRASTRUCTURE AND WAIT AND SEE, ESSENTIALLY CAUSE IT TO COLLAPSE MAY NOT BE VIEWED AS A.
SERVING A PUBLIC PURPOSE IN ESSENTIALLY INSURING THEM FROM NOT HAVING TO MAINTAIN.
SO WE HAVE TO MAKE SURE THERE'S A PUBLIC PURPOSE.
[01:00:02]
BUT WE CAN'T BE THE INSURANCE OF LAST DEFAULT LAST RESORT, PARTICULARLY IF WE'RE NOT BEING IF THERE'S NOT A PLAN TO COMPENSATE THE CITY.DOES THAT ANSWER YOUR QUESTION, SIR? MY OTHER QUESTION IS, HAVE YOU SEEN ANYTHING THAT HAS BEEN SHOWN TODAY THAT GIVES THIS A PUBLIC PURPOSE? TO COMPLETELY TAKE REPAIR THE PIPE AND THE ROAD, AS IT STATES, NOW STANDS AS A PRIVATE ROAD AND PRIVATE PIPE, OR TO PROVIDE SOME ASSISTANCE TO THE EXTENT THAT IT PROTECTS THE CITY'S PUBLIC INFRASTRUCTURE.
YES. WHICH QUESTION ARE YOU ASKING? THE SECOND ONE IS THERE.
DO YOU SEE ANYTHING HERE SAYING FOR THE SECOND OPTION OF US HELPING THEM AND THEM PAYING US BACK.
DO YOU SEE THAT BEING A PUBLIC SERVICE MOVING FORWARD? JUST JUST SO WE HAVE A DISCUSSION TO TALK ABOUT BECAUSE RIGHT NOW WE DON'T REALLY HAVE A PATHWAY.
WE'RE JUST TALKING ABOUT FACTS. DO YOU SEE THAT SECOND ONE THAT THE AG SAID THAT WE'RE ALLOWED TO DO IF WE CAN FIND A PUBLIC PURPOSE? DO YOU SEE BEING ABLE TO GIVE THIS A PUBLIC PURPOSE TO GIVE THEM THE MONEY AND THEN PAY US BACK? WELL, THE AG DOES MENTION A PROGRAM TOWARDS THE LATTER END THAT THEY FOUND WAS NOT VIOLATIVE OF THE CONSTITUTION, BECAUSE THE RESIDENTS IN THAT CASE WERE REPAYING.
SO COULD THERE BE A SOLUTION IN WHICH COUNCIL WERE TO USE PUBLIC FUNDS? BUT THEY WERE THERE WAS SOME AGREEMENT BY WHICH THEY WOULD HAVE TO REPAY THOSE PUBLIC FUNDS.
ACCORDING TO THIS. YES. OKAY. THANK YOU. ALL RIGHT.
THANK YOU. SO, MR. MORTON, I KNOW THAT YOU'VE BEEN IN DISCUSSIONS.
WHAT WHAT PROPOSALS DO YOU ALTERNATIVE PROPOSALS DO YOU SEE? NOW, THIS IS DELICATE, AND I THINK COUNCIL WILL DISCUSS THAT.
BUT WHAT WHAT IS IT THAT YOU PROPOSE? ULTIMATELY, AGAIN, I THINK IN THE FIELD WE FOUND PUBLIC BENEFIT TO THAT AMOUNT. WE OFFERED $100,000. I THINK THAT WAS COULD BE JUSTIFIED.
WE GOT SOME WORK TO DO. BUT THAT WAS MY INITIAL FIELD ASSESSMENT BETWEEN PROTECTING THE DISCHARGE, OUR WATER INFRASTRUCTURE AND OUR STORMWATER INFRASTRUCTURE THAT ATTENUATES FLOODING, YOU KNOW, THROUGH THE COMMUNITY. IN TERMS OF ADDITIONAL PUBLIC BENEFIT, I DIDN'T WAS NOT ABLE TO FIND ANY, WHICH IS WHY WE'RE HAVING THIS COUNCIL MEETING. I DON'T, I DON'T, I CAN'T MAKE A CASE FOR WE HAD BEEN WORKING, AS WAS MENTIONED TOWARDS AN EASEMENT OR SOME KIND OF DOCUMENT TO CONVEY AT LEAST THE MAINTENANCE, IF NOT THE PIPE ITSELF TO THE CITY. AND AS WAS NOTED TO THAT PROCESS, HAD NOT COME TO CONCLUSION.
I WAS LOOKING TO EVENTUALLY MAKE THAT ARGUMENT OF, DO WE HAVE PUBLIC OVERRIDING PUBLIC BENEFIT IN ENSURING THE ONGOING MAINTENANCE AND FUNCTIONALITY OF THAT? AND AGAIN, WE JUST DIDN'T COME TO THE CONCLUSION OF THAT.
UNDERSTOOD. THANK YOU. SO THIS IS WHERE WE'RE AT.
SO, MADAM ATTORNEY, YOU MENTIONED WE DON'T HAVE THE CAPACITY TO ASSESS BECAUSE I, I HEARD COUNCILMAN HAMMER AND I'M DECIPHERING UP HERE. I'M DECIPHERING YOUR CODE, SIR.
WE DON'T HAVE THE ACCESS TO ASSESS FOR THESE BY THIS BY PALM BAY COLONY.
RIGHT. WE COULDN'T ASSESS ANY FEES ON THEM IF WE WERE GOING TO DO AN ASSESSMENT.
THE WAY OUR CHARTER IS SET UP, THEY WOULD ACTUALLY HAVE TO VOTE TO AGREE TO THE ASSESSMENT.
OKAY, SO THEY WOULD HAVE TO COME AND ASK US TO ASSESS.
IS THAT CORRECT? THEY WOULD AT THE VERY LEAST HAVE TO VOTE TO AGREE TO THE ASSESSMENT.
WE CAN'T WE CAN'T ASSESS WITHOUT THE MAJORITY OF THOSE WHO RESPOND AGREEING TO THE ASSESSMENT.
ALL RIGHT. SO BUT THEY HAVE THE AUTHORITY THEIR BOARD MEMBERS CAN ASSESS.
YES. THEY DON'T HAVE TO DO WHAT WE DON'T HAVE TO.
SO THEY COULD THEY COULD HANDLE IT THEMSELVES.
CORRECT. DO YOU TRACKING THAT, SIR? YOU'RE TRACKING THAT.
DO YOU UNDERSTAND WHAT? WHAT I JUST ASKED. OKAY.
ALL RIGHT. ANY OTHER QUESTIONS FROM COUNCIL? ALL RIGHT, GENTLEMEN, I DO.
I HAVE ONE. OKAY, SO WE GOT DELIVERED THIS CDM TRUCKING INVOICE HERE OR QUOTE.
MY QUESTION IS I SEE ADS PIPE TO REPLACE FROM BOX TO EDGE ADDS IS THE CORRUGATED PLASTIC THAT'S UNDER THERE RIGHT NOW, RIGHT? IF I REMEMBER CORRECTLY, YOU SHOULDN'T BE DRIVING BIG TRUCKS OVER ADDS LIKE YOU DON'T USE ADDS IN THE FIRST PLACE.
[01:05:09]
FOR A ROAD. FOR A TRAVEL ROAD, YOU CAN USE IT FOR A DRIVEWAY.SHOULD YOU USE ADDS FOR A TRAVEL ROAD? BECAUSE YOU KNOW, JUST LOOKING AT IT MYSELF, I MEAN, I KIND OF DID IT FOR 12 YEARS AND WE NEVER USED ADDS.
IT SHOULD BE CONCRETE OR. RCP OKAY. ALL RIGHT.
SO ARE YOU WHO ARE YOU ASKING THAT OF STAFF? MR..
MR. MORTON, CAN I HAVE A STAFF MEMBER COME RESPOND TO THAT.
ANYBODY BECAUSE IF WE'RE GOING TO USE THIS THIS QUOTE, I WANT TO BE ABLE TO.
I THINK THE DEPTH AMELIORATES THAT. BUT. JOHN MCCALL, SENIOR PROJECT MANAGER, PUBLIC WORKS.
YEAH, IT ALL DEPENDS ON THE DEPTH YOU COVER OVER TOP OF THE PIPE.
THAT'S WHAT'S CRITICAL. BUT THAT TYPE OF PIPE, I WOULD NOT RECOMMEND THAT TYPE OF PIPE.
I WOULD GO WITH THE GRAY POOP PIPE, WHICH IS A LOT STRONGER AND MORE DURABLE.
SO THAT WOULD BE MY RECOMMENDATION. THANK YOU.
THANK YOU JOHN. THANKS FOR COMING UP. OKAY, GENTLEMEN.
WE'RE GOING TO NOW COMES OUR DISCUSSION. COUNCILMAN OR I'M GOING TO START WITH DEPUTY MAYOR.
IF THE CITY MANAGER AND CITY ATTORNEY CAN FIND SOME PUBLIC BENEFIT AND PROTECTING OUR OUR OUR MAIN WATER LINE AND CONTRIBUTING SOME OF THE FINANCIAL OFFERINGS HE WAS OFFERING BEFORE. BUT ULTIMATELY I SEE THE RESPONSIBILITY FALLING ON THE SUBDIVISION.
COPY THAT. THANK YOU, DEPUTY MAYOR. COUNCILMAN JOHNSON.
I'M IN AGREEMENT, MAYOR, WITH DEPUTY MAYOR. AND I APPRECIATE THE CITY ATTORNEY SPEAKING ON THE 2019 CASE THAT WAS DISMISSED AS WELL, BECAUSE THAT'S THAT'S THE POINT THAT WASN'T SPOKEN ABOUT PREVIOUSLY.
SO THAT'S ALL. COPY THAT. COUNCILMAN HAMMER. I WANT TO BE LEGAL IN THIS.
I ALSO WANT TO SEE THAT THE ABILITY TO GET THIS DONE IS THERE WITHIN THE COMMUNITY.
I DO FEEL THAT THAT AS A CITY, WE SHOULD MAKE SURE OUR RESIDENTS ARE PROTECTED AND THEY HAVE ACCESS TO, TO POLICE, FIRE, MEDICAL. AND I THINK THAT IS SOMETHING THAT WE SHOULD TAKE AS BEING IMPORTANT. I WOULD SEE THE ABILITY TO SUPPLY LIFE, LIFE, LIFE SUPPORT TO OVER 100 RESIDENTS IS SOMETHING I WOULD FEEL IS A PUBLIC THING.
IF WE CAN GET A GOOD DISCUSSION WITH OUR CITY MANAGER, CITY ATTORNEY, AND THEIR ATTORNEY I WOULD LIKE TO SEE THIS COME BACK WITH A REAL OPTION. LEGALLY, I DON'T SEE US BEING ABLE TO DO ANYTHING.
BUT I, I, I REALLY WISH WE CAN BE STRATEGIC WITH, WITH THE QUALITY OF THE WATER THAT'S IN THERE.
I'D LIKE TO ADD THAT IS SOMETHING THAT I'VE WORKED ON SINCE BEFORE I GOT ELECTED.
THOSE BAFFLE BOXES, THESE ARE ALL THINGS THAT, THAT I HAVE WORKED ON SINCE I, I STARTED HERE.
WHERE THIS IS A SEPARATE ISSUE, I HAVE BEEN FOCUSED VERY STRONGLY ON WATER QUALITY IN TURKEY CREEK, AS EVERYBODY KNOWS, I. I FEEL. I FEEL WE CAN'T JUST WALK AWAY AND SAY SORRY. I FEEL WE NEED TO TO ASSURE SOMETHING IS DONE, ASSURE PEOPLE ARE SAFE.
AND I MEAN, I WANT TO BE ABLE TO DO WHAT WE CAN LEGALLY.
YEAH. COUNCILMAN. HAMMER. AND AND I'VE GOT SOMEBODY BUZZING IN.
BUT THE KEY PURPOSE IS LEGALLY. RIGHT. AND THAT THAT'S.
SO THERE ARE MANY OTHER HOAS THAT ARE PRIVATELY OWNED.
THEY, THEY HAVE TO DO THEIR OWN. THEY HAVE TO DO THEIR OWN ROADS.
THEY, THEY'RE RESPONSIBLE FOR THEIR OWN ROADS.
WE CANNOT PICK AND CHOOSE BECAUSE NOW WE'RE OPENING UP, THERE'LL BE SO MANY OTHER OPPORTUNITIES.
BUT WHAT I WILL SAY IS THIS. IT'S IMPORTANT TO PROTECT THE THE INFRASTRUCTURE OF ALL OUR RESIDENTS.
AND IF WE HAVE AN INFRASTRUCTURE THAT COULD BE JEOPARDIZED BECAUSE OF NEGLIGENCE OF A PRIVATE ENTITY, THAT'S SOMETHING THAT WE REALLY NEED TO TAKE SERIOUSLY.
AND I, I'LL GO ON THE RECORD AS SAYING THAT COUNCILMAN JOHNSON THANK YOU, MAYOR, AND THANK YOU,
[01:10:06]
COUNCILMAN HAMMER, FOR STATING WHAT YOU WERE JUST SAYING. THE ONLY OTHER QUESTION I HAD, BECAUSE WE'RE KIND OF RUNNING WITH HYPOTHETICALS AND THIS DISCUSSION, BUT IF THERE WERE TO BE FOUND A PUBLIC PURPOSE, I KNOW WE'RE LOOKING AT THINGS LEGALLY, BUT IF THERE WERE TO BE FOUND A PUBLIC PURPOSE, THIS, THIS HOA IS IT'S A PRIVATE HOA, BUT IT IS IN A UNIQUE POSITION BEING THAT IT IS, YOU KNOW, BY THE WATER. SO I KNOW MR. MORTON MENTIONED THAT HE HAD REACHED OUT TO SORREL AND REACHED OUT TO THE REPRESENTATIVES CONGRESS AND EVERYTHING.AND IN REGARDS TO THEIR BUY IN OR THEIR ABILITY TO ASSIST.
THERE IS NONE BUT SAY DOWN THE LINE. WE DO FIND THAT THERE IS A PUBLIC PURPOSE THAT CAN BE UTILIZED.
I THINK THAT CONVERSATION MAY BE WORTH HAVING AGAIN, IF KEY POINTS.
WELL, I THINK MR. MORTON IS WORKING TOWARDS THAT END.
AND I WANT TO MAKE THAT PERFECTLY CLEAR. THAT'S WHAT YOU STATED.
IS THAT CORRECT? I GUESS, I MEAN, I HAVEN'T HAD DIRECT CONVERSATIONS.
I THINK THE ATTORNEY SPOKE AND SAID THAT IF WE CAN ARRIVE AT THAT VALIDITY, WHICH WE HAVE CALCULATED, THAT THAT COULD BE BROUGHT BACK TO COUNCIL AS A PUBLIC PURPOSE.
AND SO IT WOULD COME BACK TO US TO ACCEPT THAT THAT COMMITMENT.
IS THAT CORRECT? THAT WOULD BE MY PREFERENCE, YES.
OKAY. SO I THINK WE'RE ALL ON THAT PATH. THE LEGAL RAMIFICATIONS IS UP TO 100,000.
THAT WOULD BE IT. BUT WE'RE NOT JEOPARDIZING THE REST OF THE CITY.
SO I'M WITH YOU. MY LIKE THE, THE LOGIC I WAS THINKING THROUGH WAS, WHICH WAS WHY I ASKED THE QUESTION EARLIER IN REGARDS TO COULD THIS POTENTIALLY CAUSE DAMAGE TO THE BAFFLE BOXES THAT WERE STATE FUNDED? SO MY THOUGHT PROCESS WAS, WELL, IF THAT'S THE CASE, THEN THAT'S A PUBLIC PURPOSE.
SO MAYBE IT COULD BE. WE REACHED OUT TO SORRELL AND SAY, HEY, FOR THE SAKE OF PROTECTING THE BAFFLE BOXES, WHICH ARE MAKING SURE THEY'RE TAKING CARE OF THE INDIAN RIVER LAGOON.
WE ARE LOOKING FOR THIS MUCH FUNDING TO OFFSET THE COST OR I'M I'M THROWING HYPOTHETICALS.
MAYOR. I'M JUST SAYING. I'M JUST SAYING LEGALLY.
YES, SIR. YOU MENTIONED 2019. OUR CITY ATTORNEY MENTIONED 2019.
WHAT PART OF THAT WOULD BE NEGLECT? SO THAT'S AN AREA OF CONCERN.
YES, SIR. SO I'M NOT I'M NOT GOING TO GO DOWN THAT PATH, SIR.
BUT I WILL SAY THAT IF THERE IS THAT TO PROTECT THE INFRASTRUCTURE THAT ALREADY EXISTS, IF THERE'S A LEGAL WAY THAT WE COULD ACTUALLY AUTHORIZE THE CITY MANAGER UP TO $100,000, IS WHAT HE'S SAYING.
I FEEL COMFORTABLE DOING THAT. OKAY. I WOULD FEEL COMFORTABLE DOING THAT.
YES, SIR. SO I'VE REACHED OUT TO EVERY AGENCY I CAN THINK OF JUST FOR YOUR GUYS'S CLARITY, INCLUDING SORRELL. THEY DENIED US IN THE LAST ONE.
I DID GET CONNECTED WITH THEM THROUGH OUR LOBBYIST, ANDREW KHALIL.
I WAS NOT AWARE OF THAT OFFICE. AND THEY'RE IN CONVERSATIONS RIGHT NOW, BUT THEY'VE ASKED THE SAME QUESTION. WHAT WOULD THE CITY'S CONTRIBUTION BE? WHAT WOULD THE OWNERS CONTRIBUTION BE AND WHO WOULD ULTIMATELY MAINTAIN OR OWN THE PIPE? SO I'M GOING TO ANSWER THOSE QUESTIONS TODAY ON A PHONE CALL WITH THEM AND SEE IF THEY'VE GOT ANY OTHER OPPORTUNITIES OR RESOURCES FOR US, BUT I DON'T KNOW.
OKAY. ALL RIGHT. SO WHAT WHAT WOULD YOU NEED FROM US AT THIS POINT? MR. MORTON, I THINK YOU PHRASED IT JUST FINE, IF THAT'S YOUR INTENTION FOR NOW AUTHORIZING US TO SPEND UP TO THAT $100,000, WE'LL GO BACK AND LOOK AT OUR ESTIMATES THAT WE GOT AND THE PUBLIC PURPOSE OF THE INFRASTRUCTURE IN THE GROUND.
AND IF SOMETHING CHANGES, I'LL RAISE THAT BACK FORWARD TO COUNCIL.
I THINK THAT'S THE THE TASK AT THIS POINT IS, IS VALIDATING THAT.
WHAT I CAN WHAT I CAN DEFEND TO THE COMMUNITY, TO THE WHOLE CITY AS PUBLIC BENEFIT, FAIR SHARE, IF THERE IS ANY TOWARDS THE REPAIR AND REPLACEMENT OF THIS PIPE.
OKAY. IS EVERYONE ON COUNCIL IN AGREEMENT HERE? YES, MAYOR. THANK YOU. SO THAT CONCLUDES ITEM NUMBER ONE.
THANK YOU ALL FOR COMING. WE'RE NOW ON ITEM NUMBER TWO.
DO YOU YOU DON'T NEED A MOTION ON THAT DO YOU, SIR? NO. OKAY. NO. WE'RE GOOD. WE'RE NOW ON DISCUSSION OF ITEM NUMBER TWO.
YES, SIR. JUST JUST BRING IT ALL BACK. YEAH. MOVE FORWARD.
THANK YOU. YES, SIR. JUST MOVE FORWARD. JUST.
YOU WON'T HAVE TO COME BACK. IF WE CAN FIND SOMEONE.
YEAH. TO REDO IT FOR 100,000, WE CAN AUTHORIZE THE WORK. YES, SIR. ABSOLUTELY.
WE'RE ALL GOOD WITH THAT. ALL RIGHT. WE'RE NOW ON ITEM NUMBER TWO, MADAM SMITH.
[01:15:08]
SOUTH REGIONAL WATER RECLAMATION FACILITY. CONSTRUCTION.THERE HAD BEEN A LOT OF PROBLEMS WITH THAT PROJECT.
IT WAS VERY MUCH BEHIND SCHEDULE. WE HAD SERIOUS CONCERNS ABOUT THEIR ABILITY TO COMPLETE IT.
SO WE DID ACTUALLY FIND THAT THEY WERE IN DEFAULT OF THE CONTRACT.
MA'AM, GO AHEAD. I'M GOING TO. I'M GOING TO STOP YOU RIGHT THERE. DID YOU DID YOU ALL WANT TO EXIT? BECAUSE WE HAVE ADDITIONAL THINGS TO DISCUSS.
SO CARRY ON. GO AHEAD AND EXIT. SO THAT WAY WE IT DOESN'T DISRUPT THE REST OF THE MEETING.
THANK YOU. YES. SIR. WE'LL BE. RIGHT BACK. MY QUESTION WAS NEVER ANSWERED.
IT WAS SKIPPED RIGHT OVER. OKAY. YEAH, I THINK HE DID ANSWER IT, SIR.
HE DID. YOU GUYS NEED ME. I'LL COME DOWN THERE.
YES, SIR. GO. GO ON. I'LL COME DOWN RIGHT NOW. YES, SIR. NO.
YOU CAN'T. YES. NO. THE. THE CITY ATTORNEY DID ANSWER THE CITY.
THAT'S WHAT THAT IS. IT'S SINCE 1943. I SHOWED YOU THE MAP.
IT'S BEEN A DRAINAGE FOR OVER 100 YEARS. YEAH, I KNOW.
CONCRETE. I CAN'T SAY THAT, BUT. YEAH. OKAY, WE'RE ABOUT TO.
I'M GOING TO CALL THIS MEETING BACK TO ORDER HERE.
I'M CALLING THIS MEETING BACK TO ORDER. WE ARE NOW ON ITEM NUMBER TWO.
MADAM SMITH, PLEASE BEGIN AGAIN. SO THIS ITEM ADDRESSES THE COMPLETION AGREEMENT THAT WE HAVE WITH THE SURETY WE. THE CITY HAD INITIALLY RETAINED RJ SULLIVAN TO DO THE CONSTRUCTION FOR THE SOUTH REGIONAL WATER RECLAMATION FACILITY.
RJ SULLIVAN WAS HAVING SIGNIFICANT DIFFICULTIES.
BUT WE DID WANT TO BE ABLE TO USE THE SUBCONTRACTORS.
AND SO WHAT THIS AGREEMENT ALLOWED US TO DO WAS THE SURETY TO ASSIGN US THE SUBCONTRACTS.
ONE OF THE OTHER OUTSTANDING ISSUES WAS THAT THE CITY WAS HOLDING OVER $828,000 IN RETAINAGE, AND WE PLAN TO KEEP THAT BECAUSE WE HAD BEEN ASSESSING LIQUIDATED DAMAGES AGAINST RJ SULLIVAN FOR FAILING TO MEET SIGNIFICANT MILESTONES.
THIS AGREEMENT ALLOWS US TO MAINTAIN THAT THE SURETY ACTUALLY HAD TO, BECAUSE TYPICALLY THE RETAINAGE WOULD BE RETURNED AT ONCE. YOU GET SIGNIFICANT COMPLETION. BUT WE'RE GOING TO RETAIN THAT.
THE SURETY HAD TO PAY $200,000 BECAUSE WE'RE NOT RELEASING RETAINAGE.
AND THE SURETY ACTUALLY ALSO HAD TO PAY SOME OF THE CONTRACTORS A SUBSTANTIAL AMOUNT OF MONEY BECAUSE RJ SULLIVAN WASN'T PAYING SOME OF HIS CONTRACTORS TO GET THE CONTRACTORS PAID UP TO DATE SO THAT THEY WOULD ASSIGN THEIR RIGHTS AND WOULD CONTINUE TO WORK WITH US.
SO THE SURETY WOULDN'T HAVE ANY. WE'VE DONE AN EXAMINATION OF WHAT THE ISSUES WERE SO THAT WE COULD IDENTIFY THEM. THE SURETY ACT UPON THIS CONTRACT WOULD HAVE NO FURTHER RESPONSIBILITY FOR ANYTHING EXCEPT FOR LATENT DEFECTS.
BUT THIS ALLOWS US TO COMPLETE THE CONTRACT AND TO FINALLY BE ABLE TO GET THIS PLANT COMPLETED.
SO MY MY QUESTION IS THIS IS GOING TO EXCEED THE MILLION DOLLARS.
THIS THIS IS ONLY GOING TO GUARANTEE US 832 000 PLUS.
[01:20:05]
IT WAS BASED UPON WHAT THE CONTRACT INITIAL CONTRACT AMOUNT WAS.SO THE SURETY IS ESSENTIALLY ASSURING US THAT THAT THE WHAT THE CONTRACT WAS GOING TO BE DONE WITHIN THE THE CONTRACT PRICE, WE STILL WILL BE ABLE TO HAVE OPTIONS AGAINST RJ SULLIVAN, BUT THE SURETY IN SHORT, AS FAR AS THE ULTIMATE THE INITIAL CONTRACT PRICE, I MEAN, THERE WAS SOME AMENDMENTS, BUT ESSENTIALLY THAT'S THE INITIAL THE 828 IS WHAT WE HAVE IN RETAINAGE.
I MEAN, THERE IS ADDITIONAL WORK THAT'S GOING TO BE DOING.
WE DO EXPECT IT TO EXCEED. WE'VE MADE SOME MODIFICATIONS ALL READY.
SO WE DO EXPECT TO SEE THAT THIS IS ESSENTIALLY ALLOWS US TO BE ABLE TO GET THOSE CONTRACTS, KEEP THE RETAINAGE AND BE ABLE TO HAVE THAT TO GO TOWARDS OUR LIQUIDATED DAMAGES.
IS RJ SULLIVAN CORPORATION BANKRUPT? NOT AT THIS TIME, TO MY KNOWLEDGE.
I MEAN, THEY HAVE HAD DIFFICULTIES PAYING SOME OF THEIR SUBS, BUT TO MY KNOWLEDGE, I'VE RECEIVED NOTHING THAT SAYS THAT THEY ARE ACTUALLY THEY HAVE ENTERED INTO BANKRUPTCY. SO THERE'S NO THEY HAVE FINANCIAL TROUBLES.
SO THEY'RE NOT UNDER CHAPTER 13 REALIGNMENT OR ANYTHING? NOT TO MY KNOWLEDGE. I'VE RECEIVED NOTHING THAT SAYS THAT.
ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? COUNCIL.
OKAY. ANYONE IN THE AUDIENCE? OKAY. I JUST WANT TO MAKE SURE I'M READING THIS CORRECTLY.
CORRECT. CORRECT. OKAY. IS THAT WHAT I'M HEARING? I'M NOT SURE. YES. I'M NOT SURE THE THE EXACT AMOUNT WE PAID, BUT THE UTILITIES DIRECTOR IS GIVING ME A YES.
OKAY. I'M I'M GOING TO BRING THE REST OF MY DISCUSSION FOR A LATER MEETING ON THIS.
ABOUT PATHWAYS FORWARD AFTER THIS, BUT THAT'S ALL I WANTED TO KNOW FOR THIS.
ANYONE IN THE AUDIENCE WISH TO SPEAK FOR OR AGAINST THIS ITEM? OKAY. SEEING NONE. COUNCIL, WHAT IS YOUR PLEASURE? MAKE A MOTION TO APPROVE THE AGREEMENT. I GOT A MOTION BY DEPUTY MAYOR.
I GOT A MOTION BY DEPUTY MAYOR JAFFEE FOR APPROVAL.
I GOT A SECOND BY COUNCILMAN JOHNSON. GENTLEMEN, ANY FURTHER DISCUSSION? NO. MAYOR. COUNCILMAN JOHNSON. I'LL SAY I THINK THIS IS THIS IS A AN AGREEMENT, BUT, MAN, WE'RE THIS IS IT'S JUST PILING ON. SO. COUNCILMAN.
HAMMEL. I'M I'M WITH YOU WITH THIS. THE FRUSTRATIONS OF YEARS.
WHAT WHAT'S THE SURETY BOND IS REALLY NOT THAT SURING.
RIGHT. ANYWAY, I GOT A MOTION BY DEPUTY MAYOR, SECONDED BY COUNCILMAN JOHNSON.
ALL IN FAVOR? SIGNIFY BY SAYING AYE. AYE. ANY OPPOSED? PASSES FOUR ZERO. THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.