120 Malabar Road SE

Palm Bay, FL 32907

(321) 952-3400

www.palmbayflorida.org

Mayor

ROB MEDINA

Deputy Mayor

DONNY FELIX

Councilmembers

KENNY JOHNSON

RANDY FOSTER

VACANT

 

 

AGENDA

 

State of the City Message (5:30 P.M.) and Regular Council Meeting 2024-10 (6:00 P.M.)

Thursday, May 16, 2024

 

Council Chambers, 120 Malabar Road SE, Palm Bay FL 32907

 

CALL TO ORDER:

 

INVOCATION:

 

1.

Reverend Steve Reeves – Cornerstone Assembly of God, Palm Bay.

 

PLEDGE OF ALLEGIANCE:

 

ROLL CALL:

 

ANNOUNCEMENTS:

 

1.

Four (4) vacancies on the Youth Advisory Board (represents ‘student member’ positions).++

 

2.

Three (3) vacancies on the Youth Advisory Board (represents 'adult member' positions).++

 

3.

Three (3) terms expiring on the Community Development Advisory Board (represents ‘not-for-profit, banking industry, and advocate for low-income’ positions).++

 

AGENDA REVISIONS:

 

1.

The agenda and Legislative Memorandum on Item 10, under Consent Agenda, have been revised to reflect an increase in cost and number of rifle-rated ballistic armor plates.

 

2.

An Award of Bid, purchase order request, and fund allocation for paramedic education and services has been added to the agenda as Item 1, under Procurements.

 

3.

The Legislative Memorandums have been updated and back-up materials added to Items 3 and 4, under New Business, relating to the Collective Bargaining Agreements with IAFF and FOP.

 

4.

A request for expenditures from the Law Enforcement Trust Fund has been added to the agenda as item 6, under New Business.

 

PROCLAMATIONS AND RECOGNITIONS:

 

1.

Recognition: Presentation of the American Flag – honoring the service of Greg Minor. (Councilman Johnson)

 

2.

Recognition: Presentation of the American Flag – honoring the service of Javier Molinares. (Councilman Foster)

 

3.

Recognition: Over nine (9) years of service as a City board member on the Planning and Zoning Board – Phil Weinberg. (Councilman Foster)

 

4.

Proclamation: National Safe Boating Week – May 18-24, 2024.

 

5.

Proclamation: Jewish American Heritage Month – May 2024.

 

6.

Proclamation: Amyotrophic Lateral Sclerosis (ALS) Awareness Month – May 2024.

 

7.

Proclamation: National Caribbean American Heritage Month - June 2024.

 

PUBLIC COMMENTS/RESPONSES:

 

Public comments will be heard by the City Council on non-agenda issues. Speakers must complete 'Public Comment Cards' (orange) and are limited to three (3) minutes each.

 

APPROVAL OF CONSENT AGENDA:

 

There will be no separate discussion on those items listed under Consent Agenda. They will be enacted by the City Council on one motion. If discussion is desired by the City Council, that item will be removed from the Consent Agenda by Council and will be considered under the agenda heading Consideration of Items Removed from Consent Agenda.

 

1.

Adoption of Minutes: Regular Council Meeting 2024-08; April 18, 2024.

 

2.

Award of Bid: Castaways Point Park and Stearns Point Park Shoreline Improvements – IFB 38-0-2024 – Parks and Facilities Director (Custom Built Marine Construction, Inc. - $1,270,541).

 

3.

Award of Qualification(s): Continuing Consultant Services Library – RFQ 12-0-2024 – various city departments; and authorization to enter negotiations/execute agreements with the three (3) highest ranked firms for each discipline.

 

4.

Contract: Lift Station Permanent Bypass Pump Installations, Task Order 24-09-WT (against Master Agreement 36-0-2020) – Utilities Department (Wade Trim - $113,635).

 

5.

Contract: South Regional Water Reclamation Facility Construction - IFB 39-0-2020, Change Order 7 – Utilities Department (RJ Sullivan Corporation - $913,540).

 

6.

Contract: Septic to Sewer Project Plan Funding Advocacy, Task Order 24-07-IS (against Master Agreement 36-0-2020) – Utilities Department (Infrastructure Solution Services - $128,200); and appropriation of funds from Utilities Undesignated Fund Balance on the next scheduled budget amendment.

 

7.

Contract: Babcock Street and St. Johns Heritage Parkway intersection improvements – IFB 45-0-2022, Change Order 4 – Public Works Department (Timothy Rose Contracting, Inc. - $923,768); and appropriation of Transportation Impact Fees ($750,000).

 

8.

Miscellaneous: ‘Piggyback Purchase’, Fiscal Year 2024 Cured-In-Place Pipe Installation Services (Polk County contract) – Public Works Department (Hinterland Group Inc. - $458,608).

 

9.

Miscellaneous: ‘Piggyback Purchase’, Capital vehicles and equipment (Sourcewell contracts) – Fleet Services Division (National Auto Fleet Group – ‘as needed’ purchases).

 

10.

Miscellaneous: ‘Piggyback Purchase’, Omega Rifle-Rated Ballistic Armor Plates (NASPO contract) – Police Department (Federal Eastern International - $45,000 $68,160); and appropriation of funds from General Fund Undesignated Fund Balance. (AGENDA REVISION)

 

11.

Miscellaneous: ‘Cooperative Purchase’, Retrofitting Crisis Negotiation Team Van (Houston-Galveston Area Council (H-GAC) contract) – Police Department (Emergency Vehicle Inc. (EVI) - $126,441).

 

12.

Miscellaneous: Lien search services – Community and Economic Development Department (Orange Data’s MuniConnect Platform – revenue earning (sole source)).

 

13.

Resolution 2024-18, providing for the renaming of Riviera Park as 'Ken Greene Memorial Park'.

 

14.

Consideration of a purchase offer from Palm Bay Landings, LLC, for surplus property, municipally owned vacant land located on Water Drive (Tax ID: 2832805, Parcel ID: 28-37-24-27-3-4.01) ($100,000).

 

15.

Consideration of travel and training for specified City employees (Growth Management Department).

 

16.

Consideration of the Fiscal Year 2023-2024 State Assistance for Fentanyl Eradication (S.A.F.E.) in Florida Program Agreement with the Florida Department of Law Enforcement and the S.A.F.E. INITIATIVE Voluntary Cooperation Mutual Aid Agreement (Addendum A).

 

17.

Consideration of an Impact Fee Credit Agreement with DRP FL 6, LLC, for Proportionate Fair Share contributions.

 

18.

Consideration of submitting an application for the Water Quality Improvement Grant from the Florida Department of Environmental Protection for the Norwood Baffle Box Retrofit project.

 

19.

Consideration of utilizing Stormwater Undesignated Fund Balance for the Public Works Department to procure six (6) light vehicles ($281,152), eleven (11) construction vehicles ($518,406), equipment ($1,621,668), and personnel costs for seventeen (17) new positions ($339,959); and consideration of utilizing General Fund Undesignated Fund Balance for IT equipment ($19,602).

 

20.

Consideration of opening the Intelligent Transportation Systems Upgrade project utilizing grant funds (Project 24PW09 - $160,090).

 

21.

Consideration of opening the Lipscomb Street Widening project utilizing Transportation Impact Fee funds (Project 24PW04 - $270,216).

 

22.

Consideration of opening the Paved Swale Road Repair project (Port Malabar Unit 23) utilizing Road Maintenance Funds (Project 24RD03 - $150,000).

 

23.

Acknowledgment of the April 2024 GO Road Bond Paving report update.

 

24.

Acknowledgment of the Semi-Annual Report of Formal Solicitations awarded by the Procurement Department from October 1, 2023, through March 31, 2024.

 

PUBLIC HEARINGS:

 

1.

Ordinance 2024-21, amending the Palm Bay Code of Ordinances, Chapter 52, Boards, Subchapter ‘Community Development Advisory Board’, by revising provisions contained therein, final reading.

 

2.

Ordinance 2024-22, providing for the naming of private drives, located within Tax Parcel 510, as Azalea Avenue SE and Bainbridge Circle SE, final reading.

 

3.

Ordinance 2024-25, vacating a portion of the rear public utility and drainage easement located within Lot 19, Block 1107, Port Malabar Unit 23 (Case VE-4-2024, Sherry Denise Pollard), first reading.

 

4.

Request by Everly Mae Real Estate Fund LLC for a variance to allow a twelve (12) foot separation instead of the required thirty (30) feet between two multi-family residential buildings located on the same property as established by Section 185.038(F)(7)(e), Palm Bay Code of Ordinances (3.22 acres) (V24-00002). (Quasi-Judicial Proceeding)

 

5.

Request by DRP FL 6, LLC, for final plat approval to allow for a proposed 64-lot residential subdivision to be known as ‘Riverwood at Everlands Phase 3’, which property is located in the vicinity east of and adjacent to St. Johns Heritage Parkway and north of Emerson Drive, in PUD (Planned Unit Development) zoning (23.81 acres) (Case FS24-00001). (Quasi-Judicial Proceeding)

 

6.

Request by DRP FL 6, LLC, for final plat approval to allow for a proposed 96-lot residential subdivision to be known as ‘Riverwood at Everlands Phase 4’, which property is located north of and adjacent to Emerson Drive, in the vicinity east of St. Johns Heritage Parkway, in PUD (Planned Unit Development) zoning (34.00 acres) (Case FS24-00002). (Quasi-Judicial Proceeding)

 

7.

Consideration of a Substantial Amendment to the City’s approved Program Year 2023 Annual Action Plan for Community Development Block Grant Funds, only one hearing required.

 

8.

Request by Kimaya, LLC, for preliminary subdivision approval of a proposed 14-lot commercial subdivision to be known as ‘Palm Bay Pointe East’, which property is located east of and adjacent to Babcock Street, in the vicinity north and south of St. Johns Heritage Parkway (42.95 acres) (Case PS23-00009). (CONTINUED TO 07/03/24 P&Z AND 07/18/24 RCM)

 

9.

Request by Kimaya, LLC, for preliminary subdivision approval of a mixed-use subdivision, consisting of 668 multiple-family residential units and 16 commercial parcels, to be known as ‘Palm Bay Pointe West’, which property is located west of and adjacent to Babcock Street, in the vicinity north and south of St. Johns Heritage Parkway (84.75 acres) (Case PS23-00011). (CONTINUED TO 07/03/24 P&Z AND 07/18/24 RCM)

 

CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA:

 

PROCUREMENTS:

 

1.

Award of Bid: Paramedic education and services – IFB 41-0-2024 – Fire Rescue Department (EMETSEEI Institute, Inc. - $47,110); and approval to issue a purchase order to Eastern Florida State College to attend Paramedic school ($161,106); and allocation from the Undesignated Fund Balance for twenty-nine (29) Firefighters to attend Paramedic school ($91,500 for the remainder of Fiscal Year 2024). (AGENDA REVISION)

 

NEW BUSINESS:

 

1.

Consideration of a co-sponsorship request from Brevard Caribbean American Sports and Cultural Association (BCASCA) for the annual Caribbean Heritage Month seasonal events held in June 2024.

 

2.

Consideration of deeming certain property as a public nuisance and authorize bringing the property into compliance upon expiration of the repair agreement (1881 Palm Bay Road).

 

3.

Consideration of Collective Bargaining Agreements with the Palm Bay International Association of Fire Fighters (IAFF), Local 2446, Rank and File and Supervisors Units. (AGENDA REVISION)

 

4.

Consideration of Collective Bargaining Agreements with the Fraternal Order of Police (FOP) for Police Officer’s, Sergeant’s, and Lieutenant’s Units. (AGENDA REVISION)

 

5.

Consideration of councilmembers attending the Florida League of Cities Annual Conference in Hollywood, Florida, from August 15-17, 2024; consideration of rescheduling the second regular Council meeting in August.

 

6.

Consideration of expenditures from the Palm Bay Police Department’s Law Enforcement Trust Fund for the Community Read and Feed Summer Program within the Powell-Driskell Subdivision ($7,000). (AGENDA REVISION)

 

COMMITTEE AND COUNCIL REPORTS:

 

1.

Committee/Council Reports

 

ADMINISTRATIVE AND LEGAL REPORTS:

 

PUBLIC COMMENTS/RESPONSES:

 

Public comments will be heard by the City Council on non-agenda issues. Speakers must complete 'Public Comment Cards' (orange) and are limited to three (3) minutes each.

 

ADJOURNMENT:

 

 

Councilmembers who are members of the Space Coast Transportation Planning Organization (TPO) may discuss TPO issues which may subsequently be addressed by the TPO.

 

If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required, and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (FS 286.0105). Such person must provide a method for recording the proceedings verbatim.

 

Any aggrieved or adversely affected person desiring to become a party in the quasi-judicial proceeding shall provide written notice to the City Clerk which notice shall, at a minimum, set forth the aggrieved or affected person's name, address, and telephone number, indicate how the aggrieved or affected person qualifies as an aggrieved or affected person and indicate whether the aggrieved or affected person is in favor of or opposed to the requested quasi-judicial action. The required notice must be received by the Clerk no later than five (5) business days at the close of business, which is 5 p.m., before the hearing. (Section 59.03, Palm Bay Code of Ordinances).

 

In accordance with the Americans with Disabilities Act, persons needing special accommodations for this meeting shall, at least 48 hours prior to the meeting, contact the Office of the City Clerk at (321) 952-3414 or Florida Relay System at 711.

 

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Pursuant to Council Policies and Procedures, members of the public wishing to use electronic media when addressing City Council must provide the electronic file to staff for screening no later than 2:00 P.M. on the day of the meeting; audio presentations must be submitted to the City Clerk at least twenty-four (24) hours prior to the meeting

 

 

THIS MEETING IS BROADCAST LIVE ON THE CITY'S WEBSITE AND TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL.