120 Malabar Road SE

Palm Bay, FL 32907

(321) 952-3400

www.palmbayflorida.org

Mayor

ROB MEDINA

Deputy Mayor

DONNY FELIX

Councilmembers

KENNY JOHNSON

PHILIP WEINBERG

VACANT

 

 

AGENDA

 

Regular Council Meeting 2024-19

Tuesday

 

August 13, 2024 – 6:00 PM

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

 

CALL TO ORDER:

 

INVOCATION:

 

1.

Pastor David Fitzgerald – City Church, Palm Bay.

 

PLEDGE OF ALLEGIANCE:

 

ROLL CALL:

 

ANNOUNCEMENTS:

 

1.

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

 

2.

One (1) vacancy on the Youth Advisory Board (represents 'adult member' position).++

 

3.

Two (2) vacancies on the Community Development Advisory Board (represents 'banking industry' and 'not-for-profit povider’ positions).++

 

4.

One (1) term expiring on the Melbourne-Tillman Water District.+

 

AGENDA REVISIONS:

 

1.

The final reading of Ordinance 2024-31, providing for a referendum election to be held on November 5, 2024, has been added as Item 5, under Public Hearings.

 

 

2.

Consideration of a budget amendment to fund additional tasks related to the proposed amendments to the City’s Land Development Code has been added as Item 4, under New Business.

 

 

3.

Consideration of rescheduling the special Council meeting related to Land Development Code updates from August 22, 2024, to August 29, 2024, has been added as Item 5, under New Business.

 

 

PRESENTATIONS:

 

1.

Jason Tanko, Chief Executive Officer, Tanko Lighting – Streetlighting Feasibility Study.

 

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 2024-15; July 11, 2024.

 

2.

Contract:  Road bond paving, Country Club 1-10 and Cimarron Circle – IFB 17-0-2024, Change Order 1 – Public Works Department (Timothy Rose Contracting, Inc - $423,377).

 

3.

Miscellaneous: ‘Cooperative Purchase’, 2024 Sutphen Heavy Duty Monarch Pumper HS 8090 (Sourcewell Cooperative contract) – Fire Rescue Department (South Florida Emergency Vehicles - $1,362,000); appropriation of funds from General Fund Undesignated Fund Balance.

 

4.

Consideration of City Council Flag Program nominee, Michael Knight. (Deputy Mayor Felix)

 

5.

Consideration of amendments to the City’s Housing Programs Standard Operating Procedures (SOP) and HUD-required Citizen Participation Plan (CPP).

 

6.

Consideration of acquiring property for the future widening of Minton Road, between Malabar Road and Jupiter Boulevard (461 Ward Road ($64,659)).

 

7.

Consideration of a Commercial Property Enhancement Program (CPEP) grant for Aarya Sunshine Brevard LLC, relating to improvements to commercial property located at 1510 Palm Bay Road NE, Tax Account 2831145 ($10,000).

 

8.

Consideration of a Commercial Property Enhancement Program (CPEP) grant for Aarya 2020 Inc., relating to eligible improvements to commercial property located at 1516 Palm Bay Road NE, Tax Account 2831146 ($10,000).

 

9.

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

 

10.

Consideration of submitting two (2) grant applications to the Florida Division of Emergency Management for the Citizen Corps Program and Community Emergency Response Team; consideration of utilizing matching funds from Undesignated Fund Balance ($10,000 each).

 

11.

Consideration of reallocating a portion of Fire Department Operating and Capital Funds designated for Fiscal Year 2024 projects ($38,989)

 

12.

Consideration of purchasing a John Deere CAT Loader ($196,763) and 2024 Toyota Corolla pool vehicle ($23,394) for the Public Works Department utilizing various funding sources.

 

13.

Consideration of the disposal of City capital surplus property.

 

14.

Acknowledgment of the City’s monthly financial report for April 2024 (Unaudited)

 

15.

Acknowledgment of the City’s monthly financial report for May 2024 (Unaudited).

 

PUBLIC HEARINGS:

 

1.

Ordinance 2024-34, vacating a portion of the rear public utility and drainage easement located within Lot 18, Block 1488, Port Malabar Unit 31 (Case VE-6-2024, Charles and Mary Burton), first reading. (CONTINUED FROM 08/01/24 RCM)

 

2.

Request by Chaparral Properties, LLC, for preliminary subdivision plan approval for a proposed 521-lot residential subdivision to be known as ‘Chaparral P.U.D. Phase Four A-B and Five A-B, which property is located in the vicinities south of Malabar Road and west of Searle Avenue, in PUD (Planned Unit Development) zoning (160.51 acres) (Case PS24-00001). (Quasi-Judicial Proceeding) (CONTINUED FROM 08/01/24 RCM)

 

3.

Request by Chaparral Properties, LLC, for final subdivision plan/final plat approval for a proposed 167-lot residential subdivision to be known as ‘Chaparral P.U.D. Phase Four A, which property is located in the vicinities south of Malabar Road and west of Searle Avenue, in PUD (Planned Unit Development) zoning (160.51 acres) (Case FS23-00016). (Quasi-Judicial Proceeding) (CONTINUED FROM 08/01/24 RCM)

 

4.

Request by Stefani Tennyson for a variance to allow an existing 11-foot by 16.9-foot concrete slab and a proposed shed to encroach 1.5 feet into the 6-foot side setback and 4.3 feet into the 10-foot rear setback for an accessory structure as established by Section 185.118, Palm Bay Code of Ordinances (0.23 acres) (V24-00001). (Quasi-Judicial Proceeding)

 

5.

Ordinance 2024-31, providing for a referendum election to be held on November 5, 2024, for the purpose of determining whether the City Charter should be amended, final reading. (AGENDA REVISION)

 

CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA:

 

UNFINISHED AND OLD BUSINESS:

 

1.

Ministerial appointment of one (1) member to the Police and Firefighters Pension Plan, Board of Trustees.

 

2.

Consideration of donating six (6) City-owned surplus lots and award HOME Investment Partnership Program funds to Macedonia Community Development Corporation of South Brevard for affordable housing development ($370,000); authorize execution of related agreements. (CONTINUED FROM 08/01/24 RCM)

 

NEW BUSINESS:

 

1.

Consideration of co-sponsorship request from United Third Bridge for its 27th Annual Puerto Rican Day Parade and Multi-Cultural Festival at Fred Poppe Regional Park.

 

2.

Consideration of pursuing debt-financing for future Fire/Police Station needs and use of General Fund Undesignated Fund Balance to address temporary station needs.

 

3.

Discussion of Police, Fire and Transportation Impact Fee studies.

 

4.

Consideration of a budget amendment to fund additional tasks related to the proposed amendments to the City's Land Development Code ($28,880). (AGENDA REVISION)

 

5.

Consideration of rescheduling the special Council meeting related to Land Development Code updates from August 22, 2024, to August 29, 2024. (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.