120 Malabar Road SE

Palm Bay, FL 32907

(321) 952-3400

www.palmbayflorida.org

Mayor

ROB MEDINA

Deputy Mayor

MIKE JAFFE

Councilmembers

KENNY JOHNSON

MIKE HAMMER

CHANDLER LANGEVIN

 

 

AGENDA

 

Regular Council Meeting 2025-04

Thursday

 

February 06, 2025 – 6:00 PM

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

 

CALL TO ORDER:

 

INVOCATION:

 

1.

Pastor Mark Miller – Victory in Christ Jesus Ministries, Palm Bay.

 

PLEDGE OF ALLEGIANCE:

 

ROLL CALL:

 

ANNOUNCEMENTS:

 

1.

One (1) vacancy on the Community Development Advisory Board to represents one (1) of the following fields relating to affordable housing (‘banking industry’, ‘residential home building’, ‘actively engaged in home building’, or ‘for-profit provider’ positions).++

 

2.

One (1) vacancy on the Disaster Relief Committee Executive Board.++

 

3.

Two (2) terms expiring on the Planning and Zoning Board (represents 'at-large' postions).++

 

4.

Two (2) terms expiring on the Recreation Advisory Board (represents 'at-large' positions).++

 

5.

One (1) vacancy on the Disaster Relief Committee Executive Board.+

 

AGENDA REVISIONS:

 

1.

The Legislative Memorandum and attachments for Item 13, under Approval of Consent Agenda, have been updated.

 

PROCLAMATIONS AND RECOGNITIONS:

 

1.

Recognizing the life saving and heroic measures of resident Ryan Acker and Palm Bay First Responders in rescuing a pregnant woman from a canal. (Councilman Hammer)

 

2.

Proclamation: Teen Dating Violence Awareness and Prevention Month – February 2025.

 

PRESENTATIONS:

 

1.

Trudy McCarthy, Executive Vice President, Economic Development Commission of Florida’s Space Coast – Unified Brand.

 

PUBLIC COMMENTS/RESPONSES:Public comments will be heard by the City Council on non-agenda issues and items listed under ‘Approval of Consent Agenda’. Speakers must complete one (1) 'Public Comment Card' (orange) and are limited to three (3) minutes, regardless of the number of issues to be heard.

 

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: Special Council Meeting 2024-13; June 25, 2024.

 

2.

Adoption of Minutes: Special Council Meeting 2024-14; June 27, 2024.

 

3.

Adoption of Minutes: Regular Council Meeting 2024-33; December 19, 2024.

 

4.

Adoption of Minutes: Regular Council Meeting 2025-01; January 2, 2025.

 

5.

Contract: Expansion to 8MGD Engineering Services during construction, South Regional Water Treatment Plant, Task Order 24-18-WT – Utilities Department (Wade Trim - $297,785).

 

6.

Miscellaneous: Engineering Services, Palm Bay Aquatic Center - RFQ 35-0-2024 - Parks and Facilities Department (CPZ Architects, Inc. - $13,500).

 

7.

Resolution 2025-05, amending Resolution 2024-34, adopting Classification and Pay Plans and the Position Control Plan for employees of the City of Palm Bay (first amendment).

 

8.

Resolution 2025-09, amending Resolution 2025-04, conveying certain property to Diaz Treasures, LLC (Parcel ID 29-36-05-00-3) (2.77 acres).

 

9.

Consideration of a Vacant Land Lease Agreement with KIMAYA, LLC, related to property generally located the intersection of Mara Loma Boulevard and Babcock Street (Parcel ID 30-37-04-UT-0S1).

 

10.

Consideration of an Interlocal Agreement with the Brevard County School Board for needed office space at Heritage High School.

 

11.

Consideration of the Edward Byrne Memorial Justice Assistance Grant (JAG) award for the purchase of software and equipment for the Police Department.

 

12.

Consideration of submitting an application for the Florida Department of Transportation’s “Know Your Limits” Speeding and Aggressive Driving Grant.

 

13.

Consideration of a Letter of Support with Brevard Zoo in relation to its oyster reef/living shoreline construction project as part of the Save Our Indian River Lagoon Project. (AGENDA REVISION)

 

14.

Acknowledgement of the City’s monthly financial report for September 2024 (Unaudited).

 

15.

Consideration of travel and training for a specified City employee (Building Department).

 

16.

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

 

PUBLIC HEARINGS:

 

1.

Ordinance 2025-02, vacating a portion of the road rights-of-way known as Valdes Avenue and Talisman Avenue, lying between Underhill Avenue and Babcock Street, and South of Foundation Park Boulevard (Platted - Jaslo Street), as recorded in Port Malabar Unit 15, Plat Book 15, Pages 72-79; and Unnamed 25’ ½ right-of-way lying between Underhill Avenue and Babcock Street, as recorded in Port Malabar Unit 56, Plat Book 30, Pages 60-67, both of the Public Records of Brevard County, Florida (0.30 acres, more or less) (Case VRW-4-2024, Foundation Park Future Investments, LLC), final reading.

 

2.

Ordinance 2025-05, amending Ordinance 2024-33, which created Title XVII, ‘Land Development Code’, by modifying provisions within Chapter 172, Development Review Procedures, and Chapter 173, Zoning (Case T24-00005, City of Palm Bay), final reading.

 

3.

Ordinance 2025-06, amending the Fiscal Year 2024-2025 budget by appropriating and allocating certain monies (first budget amendment), final reading.

 

4.

Resolution 2025-06, amending Resolution 2024-41, which granted a conditional use for a self-storage facility in CC (Community Commercial) zoning, by correcting a scrivener’s error to the conditions listed under “Section 2” (3.57 acres) (Case CU24-00004, Ascot Palm Bay Holdings, LLC). (Quasi-Judicial Proceeding)

 

5.

Resolution 2025-07, amending Resolution 2024-42, which granted a conditional use for retail automotive gas/fuel sales in CC (Community Commercial) zoning, by correcting a scrivener’s error to the conditions listed under “Section 2” (2.00 acres) (Case CU24-00007, Ascot Palm Bay Holdings, LLC). (Quasi-Judicial Proceeding)

 

6.

Resolution 2025-08, granting a conditional use to allow an educational institution in LI (Light Industrial and Warehousing District) zoning, in accordance with Section 173.01, Palm Bay Code of Ordinances, on property located south of and adjacent to Treeland Boulevard, in the vicinity east of San Filippo Boulevard (3.7 acres) (Case CU25-00002, Treeland Property Owner LLC). (Quasi-Judicial Proceeding)

 

CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA:

 

PROCUREMENTS:

 

1.

Contract: Emergency infrastructure repair, Norwood Street - Utilities Department (Don Luchetti Construction, Inc. - $3,132,314).

 

2.

Miscellaneous: ‘Piggyback Purchase’, Cured-In-Place Pipe Installation Services, Fiscal Year 2025 Phase 2 Replacement Program (Polk County Contract) – Public Works Department (Hinterland Group Inc. - $1,094,387).

 

3.

Miscellaneous: ‘Cooperative Purchase’, Asphalt Rejuvenation (City of Plantation Contract) – Public Works Department (Pavement Technology, Inc. - $1,461,992).

 

NEW BUSINESS:

 

1.

Consideration of a co-sponsorship request from The Greater Palm Bay Chamber of Commerce for the Annual Palm Bay Makers Faire to be held on March 8, 2025, at Fred Poppe Regional Park.

 

2.

Consideration of accepting a stormwater drainage easement from UHW Investments, LLC for stormwater system maintenance (2635 Kirby Circle NE).

 

3.

Consideration of selecting a non-profit organization to provide services to Palm Bay youth and at-risk youth at the Evans Center (1361 Florida Avenue NE).

 

4.

Consideration of accepting the City's Social and Economic Vulnerability Assessment as prepared by East Central Florida Regional Planning Council.

 

5.

Consideration of the City's 2025-2026 Federal Legislative Priorities.

 

6.

Consideration of councilmembers attending the Florida League of Cities Legislative Action Days / Florida League of Mayors from March 24-26, 2025, in Tallahassee.

 

7.

Consideration of scheduling a workshop meeting in February 2025.

 

COUNCIL REPORTS:

 

ADMINISTRATIVE AND LEGAL REPORTS:

 

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.