KNOW WHAT I MEAN? HE JUST UNDER 5.7 FOR THE LAST TWO YEARS. YES. GOOD EVENING, AND WELCOME TO 
          [1. Invocation - Mayor Paul Alfrey]
          [00:00:08]
THE MAY 12TH, 2026, REGULAR CITY COUNCIL MEETING. BEFORE WE BEGIN THE MEETING, LET ME REVIEW THE PROCEDURES FOR THE MEETING. IF YOU'D LIKE TO SPEAK, COMPLETE A REQUEST TO SPEAK FORM LOCATED AT THE ENTRANCE OF THE COUNCIL CHAMBER AND SUBMIT IT TO THE SERGEANT AT ARMS. WHEN YOUR NAME HAS BEEN CALLED, YOU USE A MICROPHONE AT THE LECTERN ON THE AUDIENCE'S RIGHT. 
          NEITHER STATE YOUR NAME OR ADDRESS OR NAME AND ADDRESS OR YOUR NAME AND CITY. BE MINDFUL OF TIME OR THE LECTERN AND WRAP UP YOUR COMMENT BEFORE YOUR SPEAKING TIME ENDS. THE TIME LIMITS ARE POSTED ON THE REQUEST TO SPEAK FORM AN APPLICANT, REPRESENTATIVE, OR PERSON WHO HAS LEGAL STANDING TO SUPPORT OR OPPOSE A QUASI JUDICIAL MATTER WILL BE PERMITTED ENOUGH TIME, AS WILL BE DETERMINED BY THE CITY COUNCIL TO CREATE A RECORD FOR THE COUNCIL. ANY PERSON WHO MAKES A PERSONAL, IMPERTINENT OR SLANDEROUS REMARKS OR BECOMES BOISTEROUS WHILE ADDRESSING THE CITY COUNCIL WILL BE ORDERED TO LEAVE THE COUNCIL CHAMBER. THANK YOU FOR JOINING US IN THIS EVENING. WE'LL BEGIN WITH THE INVOCATION. 
          IF YOU WISH TO PARTICIPATE, PLEASE STAND. HEAVENLY FATHER, GRANT ME THE WISDOM TO LEAD WITH INTEGRITY, THE HUMILITY TO LISTEN BEFORE SPEAKING, AND THE COURAGE TO DO WHAT IS RIGHT EVEN WHEN IT IS DIFFICULT. HELP OUR COUNCIL SERVE NOT FOR RECOGNITION OR POWER, BUT FOR THE GOOD OF THE PEOPLE ENTRUSTED TO OUR CARE. GIVE US PATIENCE AND CONFLICT, CLARITY AND DECISION MAKING, AND COMPASSION FOR EVERY PERSON AFFECTED BY OUR ACTIONS. 
          PROTECT THIS COMMUNITY, STRENGTHEN OUR FAMILIES AND SUPPORT OUR FIRST RESPONDERS, OUR WORKERS, OUR VETERANS AND OUR COMMUNITY, AND GUIDE US TOWARD UNITY RATHER THAN DIVISION. MAY WE NEVER FORGET THAT LEADERSHIP IS A RESPONSIBILITY, NOT AN ENTITLEMENT, AND THAT TRUE SERVICE IS MEASURED BY HONESTY, SACRIFICE AND CHARACTER. BLESS THIS CITY, THIS STATE, AND THIS NATION WITH PEACE, WISDOM, AND PURPOSE. IN JESUS NAME, AMEN. 
          AMEN. PLEASE JOIN US FOR PLEDGE OF ALLEGIANCE. I PLEDGE 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. MOVING ON TO ROLL CALL, MR. MCEWEN. COUNCIL MEMBER. LARUSSO. PRESENT. COUNCIL MEMBER. NEWMAN HERE. COUNCIL MEMBER. BASSETT HERE. 
          COUNCIL MEMBER. HANLEY HERE. COUNCIL MEMBER SMITH HERE. VICE MAYOR KENNEDY HERE. MAYOR ALFREY AND I AM HERE. WE HAVE A FEW PROCLAMATIONS, PROCLAMATIONS AND PRESENTATIONS. 
          YOU GUYS GET THE FIRST ONE. OKAY. WE'RE GOING TO START OUT WITH PETER. CASTRO. XIHUA. I'M 
          [4. Proclamations and Presentations]
BUTCHERING THAT. HELP ME OUT HERE. I SHOULD KNOW THAT AFTER 35 YEARS. RIGHT? HOW YOU DOING? GOOD. HOW ARE YOU DOING? GOOD, GOOD. COME ON DOWN. I'M GONNA HAVE YOU COME ON DOWN WITH ME. 
          SO REAL QUICK, I WANT TO SAY, REGARDING YOUR SERVICE, ANYTIME YOU SEE THIS KIND OF SERVICE, ESPECIALLY IN OUR COMMUNITY ON THE BOARDS, THERE'S A LOT THAT GOES ON BEHIND THE SCENES. THE DECISION MAKING THE COUNCIL MAKES, IT COMES UP THROUGH THE DIFFERENT BOARDS, AND IT'S REALLY GIVEN YOUR TIME, YOUR ENERGY AND YOUR EFFORT AND 35 YEARS OF SERVICE. AND YOU REALLY, AT THE LONG TIME THAT 2 TO 3 CAREERS. SO REAL QUICK, I WANT TO START OUT BY GIVING YOU THIS PIN, THE 35 YEAR PIN. THIS IS THE PRESENTATION OF VOLUNTEER MILESTONE OF SERVICE. 
          PETER WAS INITIALLY APPOINTED AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF ADJUSTMENTS IN MAY 1991, FOLLOWING HIS SERVICE ON BREVARD COUNTY PLANNING AND ZONING BOARD. SO YOU WERE ON THAT BOARD PRIOR. YOU WORKED AS A SOFTWARE ENGINEER FOR SEVERAL COMPANIES IN THE MELBOURNE AREA, INCLUDING HARRIS CORPORATION, L3 HARRIS TECHNOLOGIES FOR OVER 30 YEARS BEFORE RETIRING IN 2021. YOU'RE COMMITTED MEMBER OF THE BOARD, AND WE TRULY GRATEFUL TO HAVE HIM SERVE AS CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS. THANK YOU FOR YOUR CONTINUED SERVICE TO THE COMMUNITY. IF YOU WOULD KIND OF IF YOU WOULD TELL PEOPLE REGARDING WHAT THE BOARD DOES DO, BECAUSE WE'VE ACTUALLY HAD THAT KIND OF CONVERSATION ON, ON THE IMPORTANCE OF THE BOARDS OF HOW WE CAN MAKE THE BOARDS BETTER, MORE EFFECTIVE. SO EVEN WITH 35 YEARS OF INSIGHT, IF YOU GOT IDEAS, WE'D LOVE TO HEAR THEM. WELL, WELL, JUST REALLY QUICKLY, THE BOARD OF ADJUSTMENT IS WHEN YOU NEED SOME TYPE OF VARIANCE FROM CITY CODE. FOR EXAMPLE, IF YOU HAVE A PORCH THAT THE SETBACK IS THE IS GOING TO ENCROACH INTO THE SETBACK. AND YOU HAVE AN ODD SHAPED LOT, YOU COME TO US. AND IF WE THINK YOUR CASE IS WORTHY OF A HARDSHIP, THEN WE WILL GRANT YOU VARIANCE. SO YOU CAN GET ON WITH, YOU KNOW, WHAT YOU NEED TO DO. AND I JUST WANT TO 
          [00:05:04]
SAY, YOU KNOW, 35 YEARS COULDN'T HAVE DONE IT WITH ALL THE GREAT SUPPORT FROM CITY STAFF OVER THE YEARS. I WAS JUST TALKING TO CINDY ABOUT THAT, THE GREAT BOARD MEMBERS AND AND ALSO SUPPORT FROM CITY COUNCIL, BECAUSE OUR WORKLOADS DECREASED A LOT, BECAUSE THE ORDINANCES HAVE GOTTEN SIMPLER AND EASIER TO DEAL WITH. SO YOU'RE DOING A GREAT JOB. 
          APPRECIATE IT. THANK YOU SIR. THANK YOU, THANK YOU THANK YOU SIR. THANK YOU, THANK YOU. OH, AND REAL QUICK. REAL QUICK. IS HE GOING TO STAY AS LONG AS MR. JACKSON. OH THAT'S A GOOD QUESTION. YOU'RE GOING TO STAY. HE'S GOT HE'S GOT 15 YEARS ON YOU. AND WE NEED A PHOTO. YEAH. 
          COUNCIL WOULD YOU COME DOWN, PLEASE. YEAH. I'M GONNA HAVE THEM UP AND DOWN ALL NIGHT BECAUSE, YOU KNOW, WE TALKED ABOUT EVEN THE LAST MEETING AND THE IMPORTANCE OF THE BOARD MEMBERS AND AGAIN, HOW WE WANT TO MAKE SURE WE KEEP THE PEOPLE WITH THE INSTITUTIONAL KNOWLEDGE HERE. AND SO AGAIN, WE CAN USE YOU FOR ANOTHER 35 YEARS. 3133. RIGHT. YOU STARTED ME. THANK YOU SO MUCH. THANK YOU. THANK YOU SO MUCH. YEAH. AND THEN. CONGRATULATIONS. 
          THANK YOU. WE'LL DO THAT ONE. YEAH. YOU DON'T HAVE THAT. WELL FOR NOW. THANK YOU, THANK YOU. 
          OKAY WITH THAT? YEAH. WHAT DO WE WANT TO DO. THIS ONE. OH NEVERMIND. I'M FINE. NO WE'LL DO THAT ONE FIRST. I'M GOING TO DO THAT ONE FIRST. NO WE WANT TO DO THAT ONE FIRST. COME ON. 
          ACTUALLY SUZANNE COME ON UP. WE'LL DO THAT ONE FIRST. THAT'S ON THE LIST. ALL RIGHT. I'M GOING TO STAND HERE IF THAT'S OKAY FOR A MOMENT, SIR. OKAY. HAVE A LITTLE SPEECH TO READ. 
          OKAY. SO ACTUALLY WE'LL GO AHEAD AND GO BACK AND THEN WE'LL COME BACK. OKAY. HOW'S THAT? SOUNDS GREAT. THANK YOU. APPRECIATE IT. YOU TOO. THANK YOU. GOOD. DOING GOOD. THANK YOU SIR. SO GOOD EVENING, MAYOR. COUNCIL MEMBERS, CITY MANAGER, STAFF AND RESIDENTS. IT'S A PLEASURE TO BE WITH YOU ALL TONIGHT IN THE CITY OF MELBOURNE. MY NAME IS SUZANNE SHERMAN. I'M THE ASSISTANT CITY MANAGER FOR THE CITY OF SATELLITE BEACH, BUT I'M ACTUALLY HERE TONIGHT REPRESENTING THE FLORIDA CITY COUNTY MANAGEMENT ASSOCIATION. 
          AND I'M PRIVILEGED TO PRESENT YOUR CITY, THE CITY OF MELBOURNE, WITH A PLAQUE CELEBRATING YOUR 100TH YEAR ANNIVERSARY AS A COUNCIL MANAGER FORM OF GOVERNMENT. 
          YOU'VE BEEN RECOGNIZED BY THE INTERNATIONAL CITY COUNTY MANAGEMENT ASSOCIATION AND ON BEHALF OF THE OFFICERS, BOARD OF DIRECTORS AND MEMBERS OF FCMA, WE OFFER OUR SINCERE CONGRATULATIONS ON THIS AMAZING MILESTONE YOU'VE ALL HAVE ACHIEVED THE COUNCIL MANAGER FORM OF CITY GOVERNMENT AND COUNTY GOVERNMENT WAS CREATED TO HELP SEPARATE ADMINISTRATION FROM DIRECT POLITICAL INFLUENCE AND TO ESTABLISH MERIT BASED PRACTICES WITHIN LOCAL GOVERNMENT. IT IS MODELED AFTER A CORPORATION'S FRAMEWORK, WITH VOTERS OR STOCKHOLDERS SELECTING A COMMISSION OR BOARD OF DIRECTORS, WHO IN TURN APPOINT A MANAGER, A PROFESSIONAL EXECUTIVE TO ADVISE THE COMMISSION AND IMPLEMENT ITS ACTIONS THROUGH ORDINANCES AND POLICIES. IN FLORIDA, NEARLY 70% OF ALL 411 CITIES, TOWNS AND VILLAGES OPERATE UNDER THE COUNCIL MANAGER FORM OF GOVERNMENT AND OF THE 67 COUNTIES IN OUR STATE, ALL BUT TWO ARE PROFESSIONALLY MANAGED. THE CITY OF MELBOURNE IS RECOGNIZED AS A CHAMPION OF THE COUNCIL MANAGER FORM OF GOVERNMENT, HAVING WORKED IN LOCAL GOVERNMENT IN BREVARD COUNTY FOR OVER 20 YEARS. I'VE SEEN FIRSTHAND AND WANT TO COMMEND YOU ALL FOR THE WORK THAT YOU DO EVERY DAY TO SERVE MELBOURNE WITH EXCELLENCE. YOU HAVE A COUNCIL AND A STAFF THAT WORKS TOGETHER IN A PROFESSIONAL MANNER TO MAKE DECISIONS AND ESTABLISH POLICIES THAT ARE IN THE BEST INTEREST OF YOUR STAKEHOLDERS. YOU HAVE ANSWERED THE CALL TO PROVIDE EXCELLENCE IN MUNICIPAL SERVICE BY SEEKING TO PROVIDE RESIDENTS WITH A HIGH QUALITY OF LIFE TO PROMOTE BUSINESS GROWTH AND DEVELOPMENT, ALL WHILE BALANCING FISCAL RESPONSIBILITY, STEWARDSHIP OF RESOURCES, AND A FOCUS ON SERVING THOSE WHO CHOOSE TO LIVE, WORK AND PLAY IN THE CITY OF MELBOURNE. MELBOURNE IS ALSO TRULY FORTUNATE TO HAVE A PROFESSIONAL AND DEDICATED LEADER IN YOUR CITY. MANAGER JENNY LAMB. JENNY'S LEADERSHIP EXPERIENCE IN LOCAL GOVERNMENT AND HER MANY YEARS OF SERVICE IN THE CITY OF MELBOURNE IS A STRENGTH OF YOUR CITY. JENNY'S COMMITMENT TO MEETING THE NEEDS OF THE COMMUNITY, IMPROVING CITY OPERATIONS AND WORKING ALONGSIDE EACH OF YOU ON CITY COUNCIL AND WITH STAFF 
          [00:10:01]
EXEMPLIFIES THE POWER OF COLLABORATION AND PROFESSIONALISM IN LOCAL GOVERNMENT MANAGEMENT. IT IS THAT SYMBIOTIC RELATIONSHIP BETWEEN THE CITY COUNCIL AND THE CITY MANAGER THAT IS A TESTAMENT TO YOUR PROFESSIONALLY MANAGED ORGANIZATION. AGAIN, ON BEHALF OF FCMA AND ALL OF THE OTHER COUNCIL MANAGER FORM OF GOVERNMENT COMMUNITIES WITHIN BREVARD COUNTY AND THE STATE OF FLORIDA. I CONGRATULATE THE CITY OF MELBOURNE ON THIS MILESTONE ACHIEVEMENT OF BEING A COUNCIL MANAGER COMMUNITY FOR 100 YEARS. CONGRATULATIONS! AND IF I MAY, MAYOR, I HAVE A CERTIFICATE TO PRESENT TO YOU ALL FROM FCMA. WELL, THEN WE'LL ALL GO DOWN. WE'LL ALL GO BACK DOWN FOR THE CITY. ACTUALLY, PUT JENNY IN THE MIDDLE. I'LL HOLD THIS. AND THE CITY MANAGER IN THE MIDDLE. COUNCIL MANAGER, NOT COUNCIL ATTORNEY. EXACTLY. I'M OVER IN THE BACK. OVER HERE. COME ON UP. ALL RIGHT. READY? ONE. TWO. THREE. GOT IT. THANK YOU, THANK YOU, THANK YOU. CONGRATULATIONS. THANK YOU, THANK YOU, THANK YOU, THANK YOU SO MUCH. CONGRATULATIONS. THANK YOU. RARELY. CHIEF GILLESPIE. 
          AND IF YOU WANT TO BRING ANYBODY ELSE, THAT'S WHAT TO DO. COME ON UP. COMMANDERS. AND DEFINITELY DEFINITELY OUR ESTEEMED. GOOD SEEING YOU. DEFINITELY. LAST BUT NOT LEAST. 
          OKAY. THIS IS A PROCLAMATION REGARDING NATIONAL POLICE AND PEACE OFFICERS MEMORIAL DAY, THE CONGRESS AND THE PRESIDENT OF THE UNITED STATES HAVE DESIGNATED MAY 10TH THROUGH MAY 16TH AS NATIONAL POLICE WEEK AND MAY 15TH AS PEACE OFFICERS MEMORIAL DAY. AND WHEREAS, DURING NATIONAL POLICE WEEK, COMMUNITIES RECOGNIZE THE SERVICE AND SACRIFICE OF U.S. 
          LAW ENFORCEMENT AND PAY TRIBUTE TO THOSE WHO HAVE LOST THEIR LIVES IN THE LINE OF DUTY. AND WHEREAS, THERE ARE MORE THAN 800,000 LAW ENFORCEMENT OFFICERS SERVING IN THE COMMUNITIES ACROSS THE UNITED STATES, INCLUDING THE DEDICATED MEMBERS OF OUR POLICE DEPARTMENT. AND WHEREAS, THE MEMBERS OF OUR POLICE DEPARTMENT OF THE CITY OF MELBOURNE PLAY AN ESSENTIAL ROLE IN SAFEGUARDING THE RIGHTS AND FREEDOMS OF THE CITIZENS OF OUR COMMUNITY. AND WHEREAS, IT IS IMPORTANT THAT ALL CITIZENS KNOW AND UNDERSTAND THE PROBLEMS, DUTIES AND RESPONSIBILITIES OF THEIR POLICE DEPARTMENT AND THAT MEMBERS OF OUR POLICE DEPARTMENT RECOGNIZE THEIR DUTY TO SERVE THE PEOPLE BY SAFEGUARDING LIFE AND PROPERTY, AND BY PROTECTING THEM AGAINST VIOLENCE OR DISORDER, AND BY PROTECTING THE INNOCENT AGAINST DECEPTION AND THE WEAK, AGAINST OPPRESSION OR INTIMIDATION. AND WHEREAS THE CITY OF MELBOURNE IS PROUD OF THE MEMBERS OF THE MELBOURNE POLICE DEPARTMENT WHO PROVIDE A VITAL PUBLIC SERVICE FOR OUR CITIZENS, REGARDLESS OF THE PERIL OR HAZARD TO THEMSELVES. ADDITIONALLY, WE PAY RESPECT TO THOSE WHO LOST THEIR LIVES IN THE LINE OF DUTY. 
          NOW THEREFORE, BE RESOLVED THAT I. PAUL ALFREY, MAYOR, CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA, DO HEREBY PROCLAIM MAY 10TH TO MAY 16TH, 2026 AS NATIONAL POLICE WEEK AND MAY 15TH, 2026 AS PEACE OFFICERS. MEMORIAL DAY IN THE CITY OF MELBOURNE. ENCOURAGE ALL CITIZENS TO RECOGNIZE THE SERVICE AND SACRIFICE MADE BY LAW ENFORCEMENT PERSONNEL. 
          WITNESS MY HAND. THE SEAL OF THE CITY OF MELBOURNE THIS 12TH DAY OF MAY 2026. PAUL ALFREY, MAYOR. SO I'M GOING TO PRESENT THIS. BUT IF YOU'LL SAY A FEW WORDS, CHIEF. THANK YOU, MAYOR, I APPRECIATE YOUR SUPPORT AND THIS PROCLAMATION. I APPRECIATE THE SUPPORT FROM ALL OF COUNCIL AND JUST FOR THE COMMUNITY THAT'S HERE TONIGHT AND THOSE THAT ARE WATCHING, YOU KNOW, IT'S PROUD TO I'M PROUD TO SERVE WITH SOME OUTSTANDING INDIVIDUALS WITH A FANTASTIC POLICE DEPARTMENT IN A GREAT CITY. BUT THE EXPERIENCE THAT WE HAVE DAY TO DAY DOESN'T COME WITHOUT A COST. AND HERE LOCALLY, WE LOST OFFICER JOSEPH PELLICANO, WHO WAS KILLED IN THE LINE OF DUTY ON OCTOBER 17TH, 1986. WE CERTAINLY HONOR HIM. I WANT TO THANK ALL OF THOSE WHO WERE ABLE TO ATTEND OUR FALLEN OFFICER CEREMONY. AND TONIGHT WITH US WE HAVE MARION PELLICANO AMBROSE, WHO WAS JOE'S WIFE AND WIDOW BACK SINCE 1986, AND IT'S ALWAYS SPECIAL TO HAVE MARION A PART OF THESE CEREMONIES. AND UP HERE WITH US, BECAUSE OF THE 
          [00:15:03]
SACRIFICE THAT SHE MADE, AND THERE ARE SACRIFICES THAT FAMILIES OF PEOPLE AND OFFICERS WHO HAVE BEEN KILLED IN THE LINE OF DUTY THAT THEY MAKE EVERY DAY. AND SO, ON BEHALF OF OUR AGENCY, I WANT TO THANK MARION FOR HER SACRIFICE AND ALL THAT SHE GIVES, BUT ALSO JUST EVERYONE SHOULD KNOW THERE'S 25,000 NAMES ON THE WALL AT THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL IN WASHINGTON, DC, WHO HAVE BEEN KILLED IN THE LINE OF DUTY. 
          SO AGAIN, THANK YOU, MAYOR AND COUNCIL FOR YOUR SUPPORT. THANK YOU. ALL RIGHT. WE'RE MOVING ON 
          [5. Approval of Minutes​]
TO ITEM NUMBER FIVE. APPROVAL OF THE MINUTES. A RE APPROVAL OF THE APRIL 14TH, 2026, REGULAR MEETING MINUTES. MAYOR. GO AHEAD MA'AM. OH. I'M SORRY. HOLD ON, I APOLOGIZE, SIR. ARE WE ARE WE READING IT INTO THE INTO THE RECORD, KEVIN OR JUSTICE? UP TO YOU IF IT'S NECESSARY. THE APPROVAL IS JUST THE ADDITION OF THE FORM THAT MR. SMITH FILLED OUT FOR THE VOTING CONFLICT OF INTEREST THAT OCCURRED AT THAT MEETING. THE STATUTE DOES CONTEMPLATE THAT IT BE READ INTO THE RECORD. SO I DO THINK IT'S IT'S STILL APPROPRIATE BEFORE THE MINUTES ARE RE-APPROVED WITH IT. OKAY. WELL, AND THAT'S WHY I WAS THINKING JUST TO GO A AND B, IS THAT OKAY, SIR? AND WE'RE ON, WE'RE ON A AND THAT'S, THAT'S I'M, I'M SUGGESTING THAT THERE'S A WE NEED TO READ INTO THE RECORD THE SOME OF THE CONTENT OF THAT VOTING CONFLICT OF INTEREST FORM TO THEN HAVE COUNCIL APPROVE THOSE MINUTES WITH THAT FORM REATTACHED. OKAY. 
          SO THE DISCLOSURE ON THE FORM DISCLOSURE OF LOCAL OFFICERS INTEREST. I, MARCUS SMITH, HEREBY DISCLOSE THAT ON APRIL 14TH, 2026, A MEASURE CAME BEFORE THE AGENCY WHICH, INURED TO THE SPECIAL GAIN OR LOSS OF THE CONCERNED CITIZENS COMMITTEE OF SOUTH BREVARD, INC. FOR WHO I AM, BY WHOM I AM RETAINED, AS HE DISCUSSED AT THE MEETING. AND THIS WAS IN REGARDS TO THE CONSIDERATION OF LETTERS OF INTENT FOR PURCHASE OF CITY OWNED PROPERTY LOCATED AT 695 EAST UNIVERSITY BOULEVARD. OKAY. YEAH. DO THE DO THE LAST PARAGRAPH TWO. OKAY. 
          ONE OF THE FIVE PROPOSALS FOR THE DISPOSITION OF THE PROPERTY WAS SUBMITTED BY THE CONCERNED CITIZENS COMMITTEE OF SOUTH BREVARD, INC. FOR WHOM MR. SMITH SERVES AS VICE PRESIDENT, AS AN UNCOMPENSATED VOLUNTEER, AND ALSO A MEMBER OF THE ORGANIZATION, AS AUTHORIZED PURSUANT TO SECTION TWO. 86.012 FLORIDA STATUTES, MR. SMITH CHOOSES TO ABSTAIN FROM VOTING ON THIS ITEM TO AVOID ANY POSSIBLE CONFLICT OR THE APPEARANCE OF A POSSIBLE CONFLICT PURSUANT TO SECTION ONE. 12.313313 FLORIDA STATUTE OR SECTION 112.3143 FLORIDA STATUTE. THANK YOU. AND SIGNED BY MR. SMITH ON APRIL 30TH. OKAY. AND MISS HANLEY, YOU WANT TO ADD THAT INTO THE MOTION REQUEST? THE APPROVAL OF THE REAPPROVAL OF THE APRIL 14TH, 2026 REGULAR MEETINGS. SECOND, I HAVE A MOTION. SECOND, ALL THOSE IN FAVOR SAY AYE. AYE. 
          ANY OPPOSED? I VOTE AYE, AND THAT MOTION PASSES M B MAYOR MISS HANLEY, APPROVAL OF THE APRIL 28TH, 2026 REGULAR MEETING MINUTES. SECOND, I HAVE A MOTION A SECOND. ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? I VOTE AYE, AND THAT MOTION PASSES. THANK YOU. 
          [6. City Manager's Report]
MOVING ON. ITEM SIX, CITY MANAGER'S REPORT, MISS LAMB. YES. I JUST WANTED TO POINT OUT ON THE MANAGER'S REPORT THAT WE DID SUBMIT FOR FIVE CENSUS TRACKS TO THE STATE FOR NOMINATION UNDER THE OPPORTUNITY ZONE 2.0, PROGRAM, 2.0 PROGRAM. AND INCLUDED IN YOUR AGENDA PACKAGES ARE MAP. WE DID FIND OUT AFTER WE MADE THE SUBMITTAL THAT THEY HAVE EXTENDED THE DEADLINE AGAIN, BUT WE'VE ALREADY SUBMITTED. SO UNLESS THERE'S JUST SOMETHING GLARINGLY WRONG TO YOU, WE WILL LEAVE OUR SUBMITTAL AS IS. I DID WANT TO TAKE THIS OPPORTUNITY TO POINT OUT THAT WE RECEIVED RECOMMENDATION LETTERS FROM THE EDC, FLORIDA TECH, MELBOURNE, MAIN STREET AND MELBOURNE HOSPITALITY HOLDINGS WITH OUR TO INCLUDE AS PART OF OUR APPLICATION. SO I THINK IT'S GREAT THAT WE HAVE OUR PARTNERS THAT ARE THAT ARE SUPPORTIVE OF THESE EFFORTS. THE SECOND THING THAT WAS ON THE MANAGER'S REPORT WAS JUST TO MENTION THAT YOU RECEIVED ON FRIDAY A MEMO REGARDING THE VOLUNTEER BOARD TERM LENGTHS, 
          [00:20:06]
AND SO THAT IT WASN'T LOOKING TO PROMPT DISCUSSION AT THIS MEETING. UNLESS YOU ARE WANTING DISCUSSION, WE CAN HAVE A DISCUSSION ITEM FOR A FUTURE AGENDA. REALIZING YOU JUST GOT IT ON FRIDAY AFTERNOON. YOU KNOW, YOU YOU HAVE TIME TO THINK ABOUT IT AND TO ASK FOR IT TO BE ADDED AT SOME FUTURE DATE. I DON'T THINK WE NEED I DON'T THINK WE NEED IT. I THINK IT'S FINE THE WAY THE BOARDS ARE. THE LENGTH OF TIME IS FOR THE DIFFERENT ONES. OKAY. ANY ANY OTHER COMMENTS? WELL, THIS WAS JUST TO SEE WHAT THE LENGTHS WERE, RIGHT? YEAH. I MEAN I'M INTERESTED JUST IN SEEING WHAT THEY ARE. I DON'T THINK THERE'S ANYTHING WRONG WITH THAT. OKAY. YEAH. ALL RIGHT. NO I DON'T THINK WE NEED A DISCUSSION ON TONIGHT. BUT I ALSO LIKE TO POINT OUT THAT I'D LIKE THE ADDITIONAL RECOMMENDATIONS THAT WERE ADDED TO THE SECOND PAGE THAT I GUESS WHEN WE DO THAT FUTURE DISCUSSION ITEM, THERE'S SOME GOOD THINGS TO CONSIDER THERE. OKAY. ALL RIGHT. THANK YOU, MISS LAMB. ANYTHING ELSE? NO, THAT IS IT TONIGHT. OKAY. ANY OTHER QUESTIONS FOR MISS LAMB? OKAY. SO I JUST WANT TO CLARIFY. 
          SO WE ARE GOING TO PUT IT ON AS A FUTURE DISCUSSION ITEM. CORRECT. THAT WOULD BE UP TO COUNCIL. WHAT YOU WOULD LIKE TO DO WITH THAT. I THINK IT IT DESERVES JUST TO BE PUT ON RECORD IN A DISCUSSION ITEM, THE RECOMMENDATIONS AND WHAT THE TERMS ARE. OKAY. WE CAN ADD THAT TO AN AGENDA. THANK YOU. WELL, AND AS THE WAY I RUN THE DYESS, EXCUSE ME, IF ANY COUNCIL MEMBER WANTS SOMETHING ON WILL ADD, BUT IF IT'S ALL RIGHT. SO THAT'LL WORK. AND THEN NOT RELATED TO THAT, BUT ON THE OPPORTUNITY ZONE, IS THAT IS THERE SOMETHING THAT COMES BEFORE COUNCIL AFTER THAT'S APPROVED BY THE GOVERNOR, OR ARE YOU GOING TO LET US KNOW IN A MEMO? HOW DOES THAT WORK? I DON'T THINK ANYTHING HAS TO COME IN FRONT OF COUNCIL, BUT WE WILL NOTIFY COUNCIL IF THEY'VE APPROVED THEM. WONDERFUL. THANK YOU, THANK YOU. 
          [7. Public Comments]
OKAY. ANYTHING ELSE? ALL RIGHT. MOVING ON. ITEM SEVEN. PUBLIC COMMENT. WE HAVE ONE THAT IS MICHAEL STOVER. DEAR MAYOR AND CITY COUNCIL, MELBOURNE, THANK YOU FOR YOUR PUBLIC SERVICE TO THE CITY OF MELBOURNE. I RESPECTFULLY ASK IF WE WOULD CONSIDER ISSUING AN OFFICIAL CITY PROCLAMATION RECOGNIZING THE MONTH OF JUNE AS FAITH, FAMILY AND RESPONSIBLE FATHERHOOD MONTH. I'M MICHAEL STOVER FROM MELBOURNE, FLORIDA. FATHER MEDIA CHRISTIAN NONPROFIT PROMOTING THE CHRISTIAN WORLDVIEW. SO JUST A LITTLE SMALL STORY. MY FATHER CAME FROM MELBOURNE, I HE WAS HERE AS A TEENAGER, GREW UP MOST OF HIS LIFE HERE WAS IN A LOT OF BAD THINGS. HE WAS THE STATISTICS THAT I THAT WAS SENT TO ME EMAIL. HERE'S SOME OF THEM FROM NO LONGER FATHERLESS ORGANIZATION. 85% OF YOUTH IN PRISON COME FROM FATHERLESS HOMES. 71% OF HIGH SCHOOL DROPOUTS COME FROM FATHERLESS HOMES. 90% OF HOMELESS AND RUNAWAY CHILDREN ARE FROM FATHERLESS HOMES. NEARLY 25 MILLION CHILDREN LIVE WITH THEIR BIOLOGICAL. WITHOUT THEIR BIOLOGICAL FATHER. 60% OF YOUTH SUICIDES ARE FROM FATHERLESS HOMES. MY FATHER WAS A LOT OF THOSE STATISTICS AND THAT GENERATIONAL, WHAT I WOULD CALL GENERATIONAL CURSE COULD HAVE CONTINUED. HIS LIFE WAS INTERRUPTED WITH THE GOSPEL OF JESUS CHRIST. THEN HE LEFT ALL THAT AND HE WANTED TO BE A GOOD FATHER. MY FATHER AND MOTHER WEREN'T TOGETHER. I ONLY SAW MY FATHER THREE SUMMERS OF MY LIFE AND ONE WINTER. BUT HE BESTOWED ON ME LOVE THAT I NEVER KNEW, AND I WANTED TO LIVE THAT LEGACY. WHEN I WAS 12 YEARS OLD, HE PASSED AWAY WHEN HE WAS ONLY 34. AND SO BEING FATHERLESS WAS VERY HARD FOR ME AS A TEENAGER. 
          SOME OF THOSE STATISTICS ALMOST HAPPENED TO ME. SOME OF THEM WERE HAPPENING TO ME. I HAD AN ABUSIVE STEPFATHER AND MOTHER, AND SO IT MY FATHER'S LAST WORDS TO ME BEFORE HE DIED WAS, IF YOU WANT TO GET CLOSER TO ME, GET CLOSER TO JESUS FIRST. IN OTHER WORDS, IF YOU WANT TO SEE ME FOREVER. SO THAT'S WHY THE NAME IS FAITH, FAMILY AND RESPONSIBLE FATHERHOOD MONTH. I CARE ABOUT IT. I KNOW A LOT OF MEN, YOUNG MEN ESPECIALLY, NEED GOOD FATHERS, BUT EVEN YOUNG WOMEN NEED FATHERS. I'VE SEEN IT IMPACT BOTH. AND ANOTHER REASON IS BECAUSE YOU CAN HAVE GOOD ROLE MODELS FOR FATHERS. SO THAT WAY THOSE WHO DIDN'T, THEY KNOW WHAT TO LOOK FOR. 
          WHEN MY FATHER PASSED AWAY, OTHER GOOD MEN STEPPED UP TO THE PLATE AND BECAME FATHERS TO ME AND MOTHERS TO. SO THE. I THINK YOU GUYS MIGHT HAVE GOTTEN THE PRINTOUT. OKAY, SO THESE ARE SOME OF THE. THIS IS THE PROPOSED PROCLAMATION. FAITH, FAMILY AND RESPONSIBLE 
          [00:25:05]
FATHERHOOD MONTH PROCLAMATION. WHEREAS FAITH IS NOT JUST A CORNERSTONE, BUT THE VERY FOUNDATION OF THE CITY OF MELBOURNE, PROVIDING THE MORAL COMPASS OF STRENGTH, HOPE AND GUIDANCE FOR MOST OF ITS RESIDENTS. AND WHEREAS THE CHRISTIAN FAITH AND CHRISTIAN ETHICS PLAYED A VITAL. ACTUALLY AT TIMES. BUT I'M GOING TO GIVE YOU MORE TIME. GO AHEAD, SIR. 
          THANK YOU SO MUCH. WHEREAS THE CHRISTIAN FAITH AND THE CHRISTIAN ETHICS PLAYED A VITAL ROLE IN DEFINING AND SHAPING THE CONSTITUTIONAL VALUES OF UNCONDITIONAL, UNCONDITIONAL LOVE, SERVICE AND UNITY THAT CONTRIBUTE TO THE WELL-BEING OF MELBOURNE. AND WHEREAS THE FAMILY UNIT BECAME THE INITIAL GOD ORDAINED EARTHLY INSTITUTION, PROVIDING THE FOUNDATIONAL MODEL FOR A THRIVING SOCIETY, FOSTERING STRONG MORAL CHARACTER, COMPASSION AND RESPONSIBILITY NOW AND IN FUTURE GENERATIONS. AND WHEREAS THE MONTH OF JUNE IS ALSO A TIME OUR NATION HONORS FATHERS THROUGH THE OBSERVATION OF FATHERS DAY, WHICH ACKNOWLEDGES THE FATHERS ROLE AS PILLARS IN THE BEDROCK OF STRENGTH, WISDOM AND LEADERSHIP FOR THEIR FAMILY AND TO SERVE AS A MUCH NEEDED SOCIETAL INFLUENCE THROUGHOUT COMMUNITIES. AND THAT'S UP TO YOU RIGHT THERE, AS YOU CAN SEE. AND THIS PROCLAMATION CALLS MELBOURNE RESIDENTS TO UNITE, CELEBRATE AND UPLIFT OUR COMMUNITY'S FUNDAMENTAL FAITH, FAMILY AND RESPONSIBLE FATHERHOOD PILLARS. BY HONORING THESE VIRTUES, WE STRENGTHEN FAMILIES, HONOR FATHERS AND MOTHERS, AND EMBRACE THE FAITH THAT CALLS US TO SERVE ONE ANOTHER WITH LOVE AND COMPASSION. SMALL THING REAL QUICK. ANOTHER REASON IS THAT EXAMPLE IMPACTED ME. MY FATHER BECAME PARAPLEGIC FROM THE WAIST DOWN BEFORE HE PASSED AWAY. I HAD TO LEARN HOW TO CARE. GIVE AN EXAMPLE OF FAITH IN CHRIST IS WHAT GAVE ME THE STRENGTH TO DO THAT. AND WHEN I GOT MARRIED TO MY WIFE, HER HEALTH FELL APART. I WAS CAREGIVING FOR HER FOR THREE FOURTHS OF OUR MARRIAGE. THIS YEAR WILL BE 12 YEARS OF MARRIAGE. IS MY FAITH IN CHRIST. THAT GAVE ME THE STRENGTH TO DO THAT. AND WE WERE BLESSED WITH A MIRACLE DAUGHTER WHO WILL BE SEVEN. THANK YOU. ALL RIGHT. YES, SIR. I ISSUE THE PROCLAMATIONS. YEAH, I'LL DO ME A FAVOR. PUT THAT ON FOR THE BEGINNING OF THE FIRST MEETING IN JUNE, AND THEN I'LL SEE YOU FIRST MEETING IN JUNE. THANK YOU. THANK YOU SO MUCH. ANY OTHER PUBLIC SPEAKERS? THANK YOU. MR. ALL RIGHT. WE'LL MOVE ON TO UNFINISHED BUSINESS. IT'S 
          [8. Ordinance No. 2026-19, Creative Playground: (Second Reading/Public Hearing) An ordinance granting a conditional use to allow the sale and consumption of alcoholic beverages (beer and wine) on premises as an accessory use to an interactive arts and crafts business in a 1,654±- square foot unit within a 3-unit building located on 0.20±-acre developed acres, zoned C-3 (Central Business District), located on the west side of Highland Avenue, south of Eau Gallie Boulevard and north of Montreal Avenue (1416 Highland Avenue). (Owner - Gorezik LLC, Derek Gores) (Applicant/Representative - Joshua Lehman) (P & Z Board - 4/2/2026) (First Reading - 4/28/2026)]
GOING TO BE STARTING AN ORDINANCE. 2020 619 MR. CONNELLY. THANK YOU, MAYOR. AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2023-30, AMENDING THE OFFICIAL ZONING MAP AS IT RELATES TO GENERAL ZONING ORDINANCE NUMBER 2000 AND 5-120, BY GRANTING A CONDITIONAL USE TO ALLOW FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES, BEER AND WINE FOR CONSUMPTION ON PREMISES AS AN ACCESSORY USE TO AN ART BOUTIQUE AND ART LAB IN A 1654 PLUS OR MINUS SQUARE FOOT UNIT WITHIN A THREE UNIT BUILDING LOCATED ON A 0.20 PLUS OR MINUS DEVELOPED ACRE ACRES ZONED C THREE CENTRAL BUSINESS DISTRICT LOCATED ON THE WEST SIDE OF HIGHLAND AVENUE, SOUTH OF EAU GALLIE BOULEVARD AND NORTH OF MONTREAL BOULEVARD. 1416 HIGHLAND AVENUE, PROVIDING FOR CONDITIONS OF APPROVAL, PROVIDING THAT THE CONDITIONAL USE GRANTED HEREIN MAY BE REVOKED BY CITY COUNCIL IF THE CONDITIONS OF APPROVAL ARE NOT MET, PROVIDING THAT THE PROPERTY SHALL BE DESIGNATED ON THE OFFICIAL ZONING MAP BY THE SYMBOLS C-C3, PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. THANK YOU, MR. CONNELLY. A REPORT ON THIS, MISS DITTMER. YES. GOOD EVENING, MAYOR AND COUNCIL. I DON'T HAVE ANYTHING FURTHER TO ADD FOR THE SECOND READING. OKAY. ANY QUESTIONS FOR MISS DITTMER? ALL RIGHT. THIS IS A QUASI JUDICIAL ITEM. ANY DISCLOSURE? NO. I NOTE, NO DISCLOSURES. PUBLIC HEARING. I HAVE ONE SIGN UP SHEET. JOSH SLEEMAN DID YOU WANT TO SPEAK. I DON'T KNOW JUST HERE FOR QUESTION. I DON'T NEED TO SPEAK. I'M JUST HERE FOR QUESTION. CORRECT. YES. OKAY. ANY QUESTIONS. ANYBODY HAVE QUESTIONS FOR THE APPLICANT. OKAY THEN I'LL CLOSE THE PUBLIC HEARING. BRING IT BACK TO COUNCIL. MAYOR. GOOD. SIR. RECOMMEND APPROVAL OF ORDINANCE NUMBER 2026-19. BASED UPON THE FINDINGS AND CONDITIONS CONTAINED WITHIN THE PLANNING AND ZONING BOARD MEMORANDUM. SECOND, IF THAT WOULD DO IT. SO WE HAVE WE WE HAVE WE HAVE A MOTION. HAVE A SECOND BY MR. NEWMAN, AND WE HAVE A ROLL CALL VOTE ON EIGHT, PLEASE. COUNCIL MEMBER LARUSSO. 
          AYE. COUNCIL MEMBER. NEWMAN. AYE. COUNCIL MEMBER. BASSETT. AYE. COUNCIL MEMBER. LEE. AYE. 
          COUNCIL MEMBER. SMITH. AYE. VICE MAYOR. KENNEDY. AYE. MAYOR ALFREY, I VOTE AYE. THAT HALF 
          [9. Ordinance No. 2026-20, Olde Eau Gallie Riverfront CRA Plan Amendment: (Second Reading/Public Hearing) An ordinance amending Chapter 20, Article VI, Olde Eau Gallie Riverfront Community Redevelopment Agency to amend the Olde Eau Gallie Riverfront Community Redevelopment Agency (CRA) Redevelopment Plan to update the duration of the Agency consistent with the Revised and Restated Interlocal Agreement with Brevard County and Brevard County Resolution No. 2026-031. (P & Z Board - 4/2/2026) (First Reading - 4/28/2026)]
UNANIMOUSLY. THANK YOU. YOU'RE DONE. OKAY, MOVING ON TO ITEM NUMBER NINE. THIS IS GOING TO BE ORDINANCE NUMBER 20 2620. MR. CONNELLY THANK YOU. MAYOR. AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA, AMENDING THE OLD EAU GALLIE RIVERFRONT COMMUNITY REDEVELOPMENT PLAN PURSUANT TO A DELEGATION OF AUTHORITY BY BREVARD COUNTY RESOLUTION 2026-031 MAKING FINDINGS AMENDING CHAPTER 20 OF THE CITY CODE ENTITLED COMMUNITY PLANNING AND DEVELOPMENT AMENDING ARTICLE SIX OLD EAU GALLIE RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY PROVIDING FOR A REVISED TERMINATION DATE, PROVIDING FOR SEVERABILITY AND 
          [00:30:03]
INTERPRETATION, PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. THANK YOU, MR. DITTMER. YES, NOTHING FURTHER TO ADD ON SECOND READING. OKAY. ANY QUESTIONS FOR MISS DITTMER? NO. OKAY. IS IT A PUBLIC HEARING? DO WE HAVE ANY SIGN UP SHEET? I'LL CLOSE THE PUBLIC HEARING. BRING IT BACK TO COUNCIL. MAYOR. GOOD. SIR. MR. MAYOR, I WOULD BE HONORED IF YOU WOULD MAKE THE FIRST MOTION ON THIS, PLEASE. OKAY. I'M OKAY. NO, YOU DO IT. 
          YOUR DISTRICT. WELL, IT WAS IT WAS A COLLECTIVE. IT WAS A COLLABORATION. SO. OKAY. 
          APPROVAL OF ORDINANCE NUMBER 2026-20 SECOND. I HAVE A MOTION, AND I'LL SECOND THAT MOTION. 
          ROLL CALL. VOTE FOR NINE, PLEASE. KNEW IT WAS COMING. YEAH. COUNCIL MEMBER LARUSSO. 
          YES. I COUNCIL MEMBER. HUME. AYE. COUNCIL MEMBER. BASSETT. AYE. COUNCIL MEMBER. HANLEY. 
          AYE. COUNCIL MEMBER. SMITH. AYE. VICE MAYOR KENNEDY. MAYOR ALFREY AND I VOTE AYE. MOTION 
          [10. CONSENT AGENDA:]
PASSES. MOVING ON TO ITEM NUMBER TEN IS THE CONSENT AGENDA. ITEMS A THROUGH B, NOTHING WAS PULLED. COUNCIL MAYOR. GO AHEAD. MOVE. APPROVAL OF CONSENT ITEMS A THROUGH B. 
          SECOND, I HAVE A MOTION A SECOND FOR THE CONSENT. ALL THOSE IN FAVOR SAY AYE. AYE. 
          ANY OPPOSED? I VOTE AYE, AND THAT MOTION PASSES. MOVING ON TO ITEM NUMBER 11. NOTHING WAS 
          [12. Ordinance No. 2026-21, Circle K Convenience Store: (First Reading/
Public Hearing) Conditional Use request to allow a convenience store with gas pumps in a C-P (Commercial Parkway) zoning district with site plan approval to redevelop the 2.1± acres of property, located on the west side of South Babcock Street, south of NASA Boulevard and north of Hibiscus Boulevard (1300 South Babcock Street). (Owner - Lemonade MM Melbourne Babcock LLC) (Applicant/Representative - Jarod Stubbs, PE, Kimley Horn & Associates, Inc.) (P&Z Board - 4/16/2026)]
PULLED. SO WE'RE GOING TO MOVE ON TO ITEM NUMBER 12. THIS IS GOING TO BE REGARDING ORDINANCE 2020 621. MR. CONNELLY THANK YOU MAYOR. AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS IT RELATES TO GENERAL ZONING ORDINANCE NUMBER 2005 120. BY GRANTING A CONDITIONAL USE TO ALLOW FOR A CONVENIENCE STORE WITH GAS PUMPS ON A 2.1 PLUS OR MINUS ACRE PROPERTY ZONED CP COMMERCIAL PARKWAY, LOCATED ON THE WEST SIDE OF SOUTH BABCOCK STREET, SOUTH OF NASSAU BOULEVARD AND NORTH OF HIBISCUS BOULEVARD, 1300 SOUTH BABCOCK STREET. PROVIDING FOR SITE PLAN APPROVAL, PROVIDING FOR CONDITIONS OF APPROVAL, PROVIDING THAT THIS CONDITIONAL USE SHALL BE GRANTED HEREIN MAY BE REVOKED BY CITY COUNCIL IF THE CONDITIONS OF APPROVAL ARE NOT MET, PROVIDING THAT THE PROPERTY SHALL BE DESIGNATED ON THE OFFICIAL ZONING MAP BY THE SYMBOL C DASH CP, PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. THANK YOU. REPORT ON THIS IS MISS CINDY DITTMER. YES. SO THIS IS THE FIRST READING OF AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW A CONVENIENCE STORE WITH GAS PUMPS, ALONG WITH SITE PLAN APPROVAL ON A 2.1 ACRE PROPERTY IN A ZONING DISTRICT THAT'S LOCATED ON THE WEST SIDE OF SOUTH BABCOCK STREET, SOUTH OF NASSAU BOULEVARD AND NORTH OF HIBISCUS BOULEVARD. THE PROPERTY HAS A MIXED USE FUTURE LAND USE IS LOCATED WITHIN THE MIDTOWN ACTIVITY CENTER AND IS LOCATED IN COUNCIL DISTRICT THREE. THE PROPERTY IS CURRENTLY DEVELOPED WITH A 7300 SQUARE FOOT BANK, INCLUDING THE PARKING AND LANDSCAPING THAT'S BEEN ASSOCIATED WITH THAT SINCE THE MID 70S. THE APPLICANT'S REQUESTING A CONDITIONAL USE TO DEVELOP A 5200 SQUARE FOOT CONVENIENCE STORE WITH 14 FUELING STATIONS THAT WILL BE OPERATIONAL FOR 24 HOURS, SEVEN DAYS A WEEK. THE SUBJECT PROPERTY IS CURRENTLY ZONED CP. IT DOES HAVE A MIXED USE ZONING CATEGORY. THAT IS TYPICALLY WHAT WE FIND ALONG MAJOR ROADWAY CORRIDORS. IT'S ALSO DESIGNATED, AS I MENTIONED, THE MIXED USE FUTURE LAND USE. DUE TO THAT MIXED USE NATURE OF BOTH THE ZONING AND THE FUTURE LAND USE, WE DO LOOK A LITTLE BIT CLOSER AT THE COMPATIBILITY WITH THE CONVENIENCE STORE. 
          CONVENIENCE STORES WITH GAS PUMPS DO REQUIRE A CONDITIONAL USE APPROVAL IN THE ZONING DISTRICT. THEY'RE NOT A PERMITTED USE. GAS STATIONS ARE PERMITTED USE WITHIN OUR INDUSTRIAL ZONING DISTRICTS WITHIN THE CITY. SO DUE TO THE LOCATION OF THE PROPERTY WITHIN THE MIDTOWN ACTIVITY CENTER IS DESIGNATION AS A MIXED USE FUTURE LAND USE. AND ALSO IT BEING IN THE FORMER BABCOCK CRA CORRIDOR, STAFF HAD SOME CONCERNS WITH THE COMPATIBILITY OF THE PROPOSAL. WE DID MENTION BRIEFLY JUST SOME OF THE CONCERNS WITH THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN REGARDING NOT MEETING THE CONTEMPLATED MIXED USE NATURE THAT WE FORESEE IN THAT BABCOCK CORRIDOR, ALONG WITH UNDER UTILIZING THE ALLOWED DENSITY AND INTENSITY THAT IS CURRENTLY DESIGNATED FOR MIXED USE FUTURE LAND USE WITHIN THE ACTIVITY CENTER. THE. THE REQUEST ISN'T ALLOWABLE. CONDITIONAL USE REQUEST IN THE ZONING DISTRICT, AND THE SITE PLAN DOES COMPLY WITH THE USE STANDARDS FOR CONVENIENCE STORES. HOWEVER, THERE ARE SOME CONCERNS RELATED TO POTENTIAL IMPACTS FROM NOISE, FUMES, GLARE, AND LATE NIGHT OPERATIONS THAT MAY OCCUR FROM THE GAS STATION OPERATION. THE SITE PLAN DOES PROPOSE ACCESS TO THE SITE TO THE NORTH OFF OF RIALTO PLACE, TO THE SOUTH OFF AN INTERNAL DRIVE TO THE 
          [00:35:07]
PROPERTY SOUTH OF THIS PROPERTY, AND THEN ALSO RIGHT IN ONLY DRIVEWAY CUT ON BABCOCK STREET RELATED TO THE NORTH AND SOUTH ACCESS POINTS. WE DO HAVE A CONDITION THAT THE APPLICANT WILL HAVE TO PROVIDE THEIR VERIFICATION OF LEGAL RIGHT OF ACCESS FOR THOSE TWO PROPOSED CONNECTION POINTS. THE SUBJECT PROPERTY IS LOCATED ON AN ARTERIAL ROADWAY, IS SURROUNDED BY COMMERCIAL DEVELOPMENT RESTAURANTS AND VACANT COMMERCIAL LAND THAT IS JUST TO THE DUE WEST. THAT'S UNDER CONSTRUCTION FOR A HOTEL ON THE EAST SIDE OF THE OF BABCOCK STREET IS MELBOURNE HIGH SCHOOL WITH AN I-1 ZONING. THERE ARE NO SINGLE FAMILY RESIDENTIAL LOTS WITHIN 500FT OF THE PROPERTY. HOWEVER, THERE IS MULTIFAMILY RESIDENTIAL DEVELOPMENT LOCATED APPROXIMATELY 500FT TO THE NORTH. THAT'S THE NEW MADISON MIDTOWN APARTMENTS THAT ARE JUST WRAPPING UP NOW. THE PLANNING AND ZONING BOARD DID CONSIDER THE REQUEST AND VOTED 5 TO 2 TO RECOMMEND APPROVAL OF THIS REQUEST, AND STAFF IS RECOMMENDING APPROVAL ORDINANCE NUMBER 2026-21, ALONG WITH PLAN 2020 4-0016. BASED UPON THE FINDINGS AND CONDITIONS CONTAINED IN THE PLANNING AND ZONING BOARD MEMORANDUM. THANK YOU. ANY QUESTIONS FOR MR. MAYOR? I SHOULD START OUT WITH YOU, MR. NEWMAN. SO YOU MENTIONED AT THE VERY BEGINNING ABOUT SOME CONCERNS OVER NOISE, THINGS THAT WOULD BE I'M GOING TO TOTALLY BUTCHER THE WAY YOU PUT IT. SO I'M NOT EVEN GOING TO ATTEMPT TO. DID THE APPLICANT OR DID YOU GUYS FIND ANY REMEDY FOR THOSE? OR WOULD THAT LIKE, WOULD THAT BE SOMETHING THAT'S. WE'D HAVE TO LIVE WITH IT IF THIS WAS APPROVED, RIGHT? WE DIDN'T HAVE ANY SPECIFIC CONVERSATIONS, YOU KNOW, RELATED TO THOSE. THOSE ARE JUST THE CONCERNS BASED ON THE USES THAT SURROUND THE PROPOSED SUBJECT PROPERTY IN THE USE THE CONCERNS, YOU KNOW, THAT WE'RE JUST WE'RE, YOU KNOW, MENTIONING TO CITY COUNCIL THAT THAT CAME UP DURING OUR REVIEW. 
          OKAY. I JUST WASN'T SURE IF THEY PROVIDED ANY REMEDY, IF THERE WAS ANY, IF IT WAS JUST, THAT'S JUST SOMETHING THAT'S, THAT'S KNOWN. SO IT SOUNDS LIKE THAT IT WOULD BE, IF APPROVED, THAT COULD BE AN ISSUE. ALL RIGHT. THANK YOU. VERY GOOD. SIDNEY. SO I'VE HEARD COMPATIBILITY MENTIONED A FEW TIMES. SO I GUESS JUST MY QUESTION WOULD BE WITHIN THAT CORRIDOR. I THINK I HEARD THIS IS 24 HOUR GAS STATION THAT'S BEING PROPOSED. DID I HEAR THAT? YES. OKAY. AND THEN I ALSO KNOW WITHIN THAT CORRIDOR, I THINK THERE ARE A FEW GAS STATIONS THAT ARE ALREADY ON THAT. I KNOW AT THE APOLLO BABCOCK. AND THEN I THINK THERE MAY BE A FEW OTHERS. THERE'S ONE APOLLO AND BABCOCK. THERE'S ONE A LITTLE FURTHER NORTH AT BREVARD DRIVE. 
          AND THEN AS YOU GO, AS YOU GO FURTHER DOWN BABCOCK STREET, THERE ARE SOME ALONG US, ONE CLOSER TO TO THE DOWNTOWN AREA. OKAY, SO THEN WHEN THEY WORK, COMPATIBILITY IS MENTIONED. 
          WHAT ARE SOME OF THOSE COMPATIBILITY CONCERNS TO SUGGEST DENSITY. OTHER. YEAH. 
          NOT COMPATIBILITY. I THINK MOST OF THE STAFF'S CONCERNS. THIS IS A DEFINED IN OUR COMP PLAN. 
          COMPREHENSIVE PLAN IS OUR MIDTOWN ACTIVITY CENTER. AND IT DIFFERENTIATES THAT. WE HAVE THREE ACTIVITY CENTERS DOWNTOWN MELBOURNE, DOWNTOWN O'GALLEY IN WHAT WAS FORMERLY BABCOCK CREEK. 
          BUT IT'S A LARGER AREA THAN JUST THE BABCOCK CRA WAS. AND THOSE ACTIVITY CENTERS WITHIN THE COMPREHENSIVE PLAN HAVE HIGHER ALLOWED INTENSITIES. SO INTENSITY OF LARGER AMOUNTS OF SQUARE FOOTAGE BEING CONSTRUCTED AND HIGHER DENSITIES, MEANING MORE RESIDENTIAL ABILITY TO TO BUILD ON THE PROPERTY, TRYING TO CREATE MORE OF AN INTENSE AND DENSE DEVELOPMENT. ALSO, THE MIDTOWN ACTIVITY CENTER AND THE MIXED USE FUTURE LAND USE. TALK ABOUT THE NEED FOR MIXED USES. AND THIS IS, YOU KNOW, BEING JUST THE SINGULAR USE ALSO. SO IT'S NOT, YOU KNOW, THE FLOOR AREA RATIO, WHICH IS HOW WE CALCULATE THE INTENSITY. IT'S BASICALLY THE SQUARE FOOTAGE TO THE ACREAGE FORMULA, YOU KNOW, THE INTENSITY OF THIS DEVELOPMENT WOULD ALLOW SOMETHING MUCH LARGER, YOU KNOW, HEIGHT TO BE DEVELOPED. SO THOSE WERE THE AREAS THAT THAT STAFF HAD CONCERNS. OKAY. NOT ANSWER MY QUESTION. THANKS, MAYOR. GO AHEAD. OKAY. I'M GOING TO READ WHAT WE'VE I HAVE CONCERNED ABOUT THIS PROPOSED LOCATION OF THIS GAS STATION IN THE MIDTOWN ACTIVITY CENTER, AS IT DOES NOT SEEM LIKE THE BEST USE. AND I WAS WORRIED THAT THIS GAS STATION WOULD HAVE DETRIMENTAL EFFECT ON THE AREA. 
          I'VE DISCUSSED THIS ITEM WITH THE CITY MANAGER ON MONDAY. I HAVE NOT MADE UP MY MIND YET. I 
          [00:40:05]
ASKED STAFF IF THERE IS ANY GROUNDS TO DENY, AND IF THEY COULD IDENTIFY FINDINGS THAT WOULD SUPPORT THE DENIAL OF THE CONDITIONAL USE. THE CONDITIONAL USE MUST MEET THE REQUIREMENTS OF CITY CODE, BUT THERE ARE PORTIONS OF THE PROPOSED USE AND DEVELOPMENTS THAT MAY HAVE DETRIMENTAL EFFECTS ON THE SURROUNDING AREA. PUBLIC FACILITIES, PRIVATE, COMMERCIAL AND OTHER SERVICE FACILITIES AVAILABLE IN THE AREA. MORE SPECIFICALLY, THE PROPOSED CHANGE MAY HAVE CAUSED MAY CAUSE DEPRECIATION OF PROPERTY VALUE OR REDUCE THE SAFETY, LIGHT AND GENERAL CONVENIENCE OF THE NEIGHBORING DEVELOPMENTS. THE DOCUMENT THAT I'M HANDING OUT LISTS THE DOCUMENT HANDING OUT LISTS POSSIBLE FINDINGS OF DYING, DYING. WHAT ARE YOU SAYING? DENIAL OF THE OF THE DENIAL. CAN'T SAY. DENIAL OF THE OF THIS THING. NOW, IF THIS WAS THE CR, IF WE STILL HAD THE CRA, THE BABCOCK CRA GOING ON, THIS DEVELOPMENT COULD NOT GO ON. SO IF WE PUT THIS IN HERE, WE'RE GOING TO CHANGE THE WHOLE DYNAMICS OF THE AREA. SO I'M ASKING IF WE COULD POSTPONE THIS TO SEE IF THE IF STAFF CAN FIND WHAT WE CAN DO A DENIAL FOR THIS. WELL, BUT BEFORE WE MOVE FORWARD, I'D LIKE TO WE DO HAVE A SPEAKER, IF THAT'S ALL RIGHT. NO, THAT'S FINE, SPEAKER NICHOLAS, WHAT IS IT? WEST. 
          WEST. YEAH. COME ON UP, MR. WEST, AND HOLD ON, HOLD ON, HOLD ON. BEFORE WE START. I JUST GOT HANDED THIS. DID YOU? YOU HAVE HAVE YOU SEEN THIS? NO, I HAVE NOT. CAN WE MAKE SURE THAT THE APPLICANT YOU'RE THE APPLICANT, CORRECT? NO, I'M WITH A SURROUNDING PARCEL OWNERSHIP IN RELATION TO THIS. OKAY. DID YOU WANT YOU WANT TO SEE THIS AS WELL. JUST BE IN TRANSPARENT. YEAH. DO WE HAVE AN EXTRA ONE THAT WE CAN HAND TO HIM? I'M SORRY, MR. MAYOR. 
          WHAT CAPACITY ARE YOU HERE FOR? WE OWN THE 100 RIALTO PLACE COMMERCIAL, A OFFICE BUILDING RIGHT NEXT DOOR. SO I'M HERE TO EXPRESS SOME OF MY CONCERNS ALSO WITH THIS. OKAY. WELL, THEN I THOUGHT YOU WERE THE. I APOLOGIZE. NO, NO NO, NO. THEN HE DOESN'T NEED. OKAY. THAT'S FINE. MAYOR, MEMBERS OF THE COUNCIL, THANK YOU FOR THE TIME. MY NAME IS NICK WEST. I'M HERE ON BEHALF OF 50TH CELESTIAL CENTER, LLC. WE OWN THE 100 RIALTO PLACE, THE CLASS A OFFICE BUILDING IMMEDIATELY NEXT DOOR TO THE PROPOSED CIRCLE K SITE, ALONG WITH LOT TWO OF THE RIALTO PLACE AND TRACT A, THE PRIVATE ROAD THE APPLICANT USES TO GET TO SOUTH BABCOCK STREET. OUR TENANTS AT RIALTO PLACE INCLUDE DEFENSE AND GOVERNMENT CONTRACTORS. 
          WE'VE BEEN A PART OF THIS CORRIDOR FOR YEARS, AND WE HAVE A REAL INTEREST IN WHAT GETS APPROVED NEXT DOOR TO US. I'D ASK COUNCIL TO DENY ORDINANCE 2026-21. WE WERE NOT A PART OF THE PNC DISCUSSION. WE ONLY LEARNED OF THE PROJECT WHEN COUNCIL NOTICE ARRIVED. SO I'D LIKE TO USE MY TIME TONIGHT TO SHARE DIRECTLY. TWO REASONS WE BELIEVE THIS APPLICATION SHOULD NOT MOVE FORWARD. IT DEVIATES FROM THE COMPREHENSIVE PLAN AND FUTURE LAND USE DESIGNATION FOR THIS CORRIDOR, AND IT IMPOSES REAL, MEASURABLE HARM ON OUR PROPERTY AND OUR TENANTS. THIS, IN OUR VIEW, THE CENTRAL ISSUE IS THE CORRIDOR WAS PLANNED AND DEVELOPED FOR PROFESSIONAL OFFICE AND COMPATIBLE COMMERCIAL USE. THE FUTURE LAND USE DESIGNATION AND COMPREHENSIVE PLAN POLICIES THAT HAVE GOVERNED DEVELOPMENT HERE. IN THAT VISION, OUR TENANTS, INCLUDING DEFENSE DEPARTMENT OF WAR AND GOVERNMENT CONTRACTORS AND STATE ENTITIES WITH ELEVATED SECURITY REQUIREMENTS, CHOSE THIS LOCATION BECAUSE OF IT. WE IN THE SURROUNDING OWNERS MADE A LONG TERM INVESTMENT AND DECISION RELIANCE ON THAT. A MOTOR FUEL SALES AND CONVENIENCE RETAIL OPERATION IS NOT CONSISTENT WITH THAT PLAN VISION. IT IS A FUNDAMENTAL DEPARTURE FROM THE CHARACTER OF THIS CORRIDOR AS THE CITY PLANNED IT, AND AS THE SURROUNDING OWNERS HAVE BUILT IT OUT. APPROVING THIS ORDINANCE IS A DEVIATION FROM THE COMPREHENSIVE PLAN AND FUTURE LAND USE. THE CITY WISHES TO CHANGE THE PLANNED CHARACTER OF THIS CORRIDOR. THAT IS A COMPREHENSIVE PLAN AND FUTURE LAND USE CONVERSATION, NOT A CONDITIONAL USE ORDINANCE APPROVED WITHOUT THE AFFECTED NEIGHBORS AT THE TABLE. BEYOND THE PLANNING ISSUE, THIS PROJECT DOES SPECIFIC HARM TO US. OUR PARKING LOT, OUR PRIVATE ROAD AND OUR CUSTOMER CUT THROUGH TRAFFIC. THIS IMPACT, YOU KNOW, AFFECTS MOST DIRECTLY TO US ON A DAY TO DAY BASIS. THE APPLICANT SITE HAS LIMITED FRONTAGE ON SOUTH BABCOCK CUSTOMERS APPROACHING FROM THE WEST, PARTICULARLY OFF MARTIN LUTHER KING BOULEVARD, WILL NOT AT ALL ENTER FROM BABCOCK. A MEANINGFUL SHARE WILL DIVERT AND CUT THROUGH THE PRIVATE ROAD ACROSS THE 100 RIALTO PLACE PARKING LOT TO REACH THE CIRCLE K. THAT IS THE PREDICTABLE BEHAVIOR OF CUSTOMERS AT ANY FUEL CONVENIENCE SITE, AND THE GEOMETRY OF THIS BLOCK MAKES IT 
          [00:45:02]
ALMOST CERTAIN WHAT THAT MEANS FOR US IS CONCRETE. INCREASED TRAFFIC ACROSS OUR PROPERTY, ACCELERATED WEAR AND TEAR ON OUR PRIVATE ROAD AND OUR PARKING LOT, INCREASED MAINTENANCE COSTS THAT WE'LL HAVE TO ABSORB, INCREASED SECURITY EXPOSURE FOR OUR TENANTS, AND INCREASED LIABILITY EXPOSURE FOR INCIDENTS THAT OCCUR ON OUR LAND AND ARE DRIVEN BY TRAFFIC GENERATED BY SOMEONE ELSE'S BUSINESS. WE WILL BE SUBSIDIZING THE GAS STATIONS CUSTOMERS ACCESS WITH OUR MAINTENANCE BUDGET, OUR PAVEMENT AND OUR TENANTS PATIENTS. THIS IS NOT SOMETHING WE AGREED TO WHEN WE GRANTED THE ACCESS EASEMENT. IT IS NOT THE OUTCOME WE ACCEPT AS THE OWNER OF THE PROPERTY, SUBJECT TO THE EASEMENT. YOU OBJECT TO THE INCREASED TRAFFIC BURDEN. THE APPLICANT WILL NOT HAVE LEGAL RIGHT TO INCREASE THE BURDEN ON THIS EASEMENT. SO THE SITE PLAN SHOULD NOT ASSUME THAT THAT IS ACCESS IS AVAILABLE. ADDITIONALLY, THE APPLICANT IS REQUESTING A FUEL CANOPY HEIGHT OF 18.5FT THAT EXCEEDS THE CITY STANDARDS, ACCESSORY STRUCTURE, HEIGHT AND TRIGGERS. ADDITIONAL DESIGN REVIEW UNDER SECTION FIVE C EIGHT OF THE CODE, THE APPLICANT IS ASKING COUNCIL TO APPROVE A STRUCTURE TALLER THAN THE BASELINE LIMIT IMMEDIATELY NEXT TO OUR CLASS A OFFICE BUILDING, THAT CANOPY WILL BE LIT FROM UNDERNEATH 24 HOURS A DAY. OUR TENANTS WILL LOOK OUT AT IT FROM THEIR WINDOWS. THE LIGHT UNDERNEATH WILL REACH OUR BUILDING AT HOURS WHEN OUR PROPERTY IS OTHERWISE DARK. NO LANDSCAPE BUFFER SCREENS AND ILLUMINATED 18.5FT STRUCTURE. IF COUNCIL IS BEING ASKED TO APPROVE THE HEIGHT DEVIATION, IN ADDITION TO THE USE ITSELF, THE APPLICANT SHOULD BE REQUIRED TO MAKE THAT CASE WITH REAL DESIGN EVIDENCE, AND WE HAVE NOT SEEN THAT ON THIS RECORD. THE INTERSECTION SOUTH BABCOCK AND RIALTO PLACES THE FRONT DOOR OF OUR PROPERTY IS CURRENTLY UNSIGNALIZED THE TRAFFIC OUR TENANTS AND VISITORS DEAL WITH AT THAT INTERSECTION TODAY. AT PEAK COMMUTE, OURS IS ALREADY DIFFICULT. A FUEL AND CONVENIENCE USE IS ONE OF THE HIGHEST TRIP GENERATING LAND USES. THERE IS SEVERAL THOUSAND VEHICLES TRIPS A DAY. WE ARE THE ONES WHO WILL BE LIVING WITH THAT INTERSECTION EVERY DAY. SO LET ME GO BACK HERE. 
          THE 24 HOUR OPTION TANKERS, YOU KNOW, DELIVERY AT TWO THREE IN THE MORNING, REFRIGERATION CONDENSERS RUNNING CONTINUOUSLY. CUSTOMER ACTIVITY ALL NIGHT. WIND CARRIED LITTER, LATE NIGHT SECURITY CALLS. OUR TENANTS DID NOT UNDERWRITE THE LEASE IS ASSUMING AN ALL NIGHT CONVENIENCE STORE WOULD BE OPERATING NEXT DOOR. THE OPERATIONAL CARE OF THE CHARACTER OF THIS CORRIDOR CHANGES IF YOU APPROVE THIS. ADDITIONALLY, FUEL STORAGE. 
          ONCE UNDERGROUND TANKS GO IN NEXT TO OUR PROPERTY, WE LIVE WITH THAT RISK FOR AS LONG AS WE OWN IT. VAPOR INTRUSION, GROUNDWATER CONCERNS, AND STORMWATER. YOU CAN CONTINUE WITH TIME TO CONTINUE. OKAY. FINISH UP. THAT AFFECTS THE FINANCING, TITLE AND TENANT RETENTION ON OUR PROPERTY. TO CLOSE, I'M ASKING COUNCIL TO DENY THE ORDINANCE. IT DEVIATES FROM THE COMPREHENSIVE PLAN AND FUTURE LAND USE DESIGNATION FOR THIS CORRIDOR. THE IMPACTS ON OUR PROPERTY AND OUR TENANTS ARE SIGNIFICANT. I APPRECIATE EVERYBODY'S TIME. THANK YOU. 
          THANK YOU. ALL RIGHT. ANY QUESTIONS? CAN I ASK ADAM A QUESTION? SO THIS MY UNDERSTANDING ON THIS BECAUSE I DON'T REALLY FEEL LIKE POSTPONING IF WE DON'T HAVE TO. 
          AND I'VE KIND OF HEARD LIKE A LOT GOING ON HERE AND IT'S IN MY DISTRICT. AND SO I FEEL LIKE I'LL TAKE THE LEAD ON THIS. WE CAN I JUST MAKE A MOTION BECAUSE TO, TO DENY THIS BECAUSE OF MY CONCERNS WITH ITS FITTING INTO THE COMPREHENSIVE PLAN, IS THAT A FAIR. YOU WOULD HAVE TO YOU WOULD HAVE TO HAVE FINDINGS AND SPECIFIC THINGS OF THE COMPREHENSIVE PLAN THAT WE COULD POINT TO, TO SAY, DIDN'T I JUST HEAR SOMETHING AGAIN TO TO HAVE COUNCIL ADOPT A FINAL ORDER THAT THAT MAKES THE A A PARTICULAR FINDING. SO IF YOU SEE IN YOUR PACKET THAT EVEN THE PLANNING AND ZONING BOARD MEMO, RIGHT, HAS PARTICULAR FINDINGS THAT IT'S PROPOSING TO REGARDING CONSISTENCY WITH THE COMPREHENSIVE PLAN AND AND THE OTHER ELEMENTS OF THE CONDITIONAL USE REVIEW PROCESS. IF IF COUNCIL WAS CONSIDERING A DENIAL, I WOULD WANT TO HAVE MORE SPECIFIC, YOU KNOW, ALTERNATIVE FINDINGS SIMILAR TO THAT. AND I CAN TELL YOU, WE SPENT THE BETTER PART OF THE DAY THINKING ABOUT THAT, DEPENDING ON HOW COUNCIL WAS GOING TO GO ON THIS, I WOULD WANT FURTHER OPPORTUNITY TO KEEP LOOKING AT IT ON THE CONDITIONAL USE OR ON THE COMPREHENSIVE PLAN PORTION OF IT. AT THE SAME TIME, THE CONDITIONAL USE REQUIREMENTS ALSO REQUIRE YOU TO THINK ABOUT POTENTIAL DETRIMENTAL IMPACTS JUST FROM THE PARTICULAR PROPOSED USE. RIGHT. AND BOTH CINDY, DITTMER AND THIS WITNESS SPOKE TO, YOU KNOW, IMPACT ADVERSE IMPACTS ON THE LIVABILITY AND USABILITY OF OF NEARBY PROPERTIES, RIGHT? DUE TO NOISE FUMES, GLARE, LATE NIGHT OPERATIONS, SO, SO ON AND SO FORTH. RIGHT. AND SO IN ADDITION TO THE COMPREHENSIVE PLAN THINGS, THERE'S ALSO THAT OPPORTUNITY TO, TO THEN DETERMINE, RIGHT. IT'S A PART OF THE REVIEW CRITERIA. AND SO IF COUNCIL MADE A FINDING THAT THE PROPOSED APPLICATION AND THIS PROPOSED USE HAD HAD, YOU 
          [00:50:06]
KNOW, WAS LIKELY TO HAVE THOSE DETRIMENTAL IMPACTS WOULD BE ANOTHER GROUNDS FOR, FOR DENIAL. 
          BUT AGAIN, IF, IF COUNCIL IS LOOKING FOR SPECIFIC LANGUAGE ON WHERE IT'S IN WHERE AND HOW IT IS INCONSISTENT WITH THE COMPREHENSIVE PLAN. CINDY AND I SPENT SOME TIME ON THAT TODAY. 
          IT WASN'T IT WAS AGAIN, RIGHT AS YOU HEARD FROM STAFF AND AS P AND Z, RIGHT. THERE WAS A THERE ARE CONCERNS ABOUT THE LANGUAGE IN THE COMPREHENSIVE PLAN. IT'S IT'S NOT AS SIMPLE NECESSARILY TO FIND A. HERE'S THE SENTENCE, RIGHT? IT'S, YOU KNOW, AND MAYBE I BRING CINDY BACK UP, RIGHT. THE COMPREHENSIVE PLAN IS TALKING ABOUT INTENTIONS AND GOALS AND OTHER THINGS, RIGHT? THE MIXED USE FUTURE LAND USE CATEGORY IS CONTEMPLATING WITHIN A DISTRICT, A PARTICULAR PERCENTAGE OF NOT NONRESIDENTIAL USES AND RESIDENTIAL USES. THE MIDTOWN ACTIVITY CENTER IS LOOKING AT HOW DO USES AND DESIGNS SORT OF CREATE A MORE URBAN ENVIRONMENT RATHER THAN A, A SPRAWL, A SPRAWL ENVIRONMENT. RIGHT. AND IT LEADS TO CONCEPTS LIKE HAVING THE BUILDINGS CLOSER TO THE ROADWAY AND HAVING PARKING IN THE BACK. RIGHT. BUT IT'S, IT'S NOT NOT EVERYTHING IS LIKE SELF SELF-IMPLEMENTING IN THAT REGARD, RIGHT? BECAUSE BECAUSE AGAIN, RIGHT. THEY'RE SAYING THE COMPREHENSIVE PLAN BY ITS NATURE IS SAYING WHEN WE'RE LOOKING AT WHEN WE'RE ADOPTING ZONING REGULATIONS AND LAND DEVELOPMENT REGULATIONS, THIS IS WHAT WE'RE TRYING. THIS IS WHAT WE'RE TRYING TO ACCOMPLISH. SO AGAIN, I IF BECAUSE I'M CONCERNED ABOUT THE FUTURE LAND USE TOO. SO IT SOUNDS LIKE I COULD ON THAT CONCERN, JUST DO THAT TODAY. THEN INSTEAD OF LEANING ON BECAUSE I'VE SEVERAL DIFFERENT REASONS, I'M NOT PRETENDING LIKE THE COMPREHENSIVE PLAN IS ONE OF THE MANY REASONS WHY I'M CONCERNED ABOUT THIS. SO IF I DID A DENIAL BASED ON FUTURE LAND USE AND IMPACTS ON THE SURROUNDING PROPERTIES, AND I MADE THAT MOTION, WOULD THAT TAKE CARE OF SO IT'S NOT DRAGGED OUT? I DON'T FEEL LIKE THAT DRAGGING OUT SOMETHING LIKE THIS IS APPROPRIATE FOR THE PUBLIC OR THE BOARD. WELL, HELP ME, HELP ME WITH BECAUSE IF IT'S IF IT'S A FINDING THAT IT'S IN, YOU KNOW, IT'S TOUGH TO MAYBE HAVE CINDY HELP, RIGHT? IT'S TOUGH. IT'S TOUGH TO SAY THAT IT'S NECESSARILY INCONSISTENT WITH THE DESIGNATED FUTURE, WITH THE FUTURE LAND USE, RIGHT? THE, THE, THE UNDERLYING GOALS AND REQUIREMENTS AND OTHER THINGS OF THE MIXED USE FUTURE LAND USE CATEGORY IS CALLED OUT FOR IN THE IN THE COMPREHENSIVE PLAN. AND SO YOU'RE STILL FUNCTIONALLY TALKING ABOUT MAKING A FINDING THAT IT'S INCONSISTENT WITH ELEMENTS OF THE COMPREHENSIVE PLAN. AND THEN AGAIN, RIGHT. WE'D HAVE TO IDENTIFY EITHER LANGUAGE IN THE MIXED USE FUTURE LAND USE CATEGORY OR MIDTOWN ACTIVITY CENTER OR OTHERWISE, WHERE THAT IN THE BASIS AND WHAT EVIDENCE YOU'VE HEARD TO, TO LEAD TO THAT CONCLUSION. SO AND I NEED STAFF TO PROVIDE ME THE EVIDENCE, NOT BASED ON TESTIMONY THAT I'M HEARING TODAY OR CONCERNS ABOUT ALL THE COUNCIL MEMBERS. RIGHT? LIKE, I NEED YOU GUYS TO DO A STUDY ON WHY WE CANNOT MOVE FORWARD WITH THIS. AND, AND THAT'S WE SPENT WE SPENT SOME TIME ON THAT TODAY. THERE'S, THERE WAS SOME BACK AND FORTH. I HAVE SOME CONCERNS ABOUT THERE BEING KIND OF A SMOKING GUN, BUT IF THAT'S COUNCIL'S DIRECTION, YOU WANT TO POSTPONE AND HAVE US CONTINUE TO LOOK AT IT. WE'RE HAPPY TO DO THAT. I'VE GOT A QUESTION. OKAY. SO IN THAT AREA, IT'S IT'S OFFICE SPACES. YOU BEHIND THERE USED TO BE THE MALL, WHICH NOW HAS OFFICE SPACES. THE RIALTO IS ALL OFFICE SPACE OR IN THE HOTEL WITH IT. SO THAT QUARTER IS JUST BASICALLY OFFICE OFFICE AREAS. IT'S A PROFESSIONAL. 
          THAT'S THE RIGHT WORD I WANT TO USE. IT'S A PROFESSIONAL ZONE. SO PUTTING THE GAS STATION IN A, IN A PROFESSIONAL AREA, WHICH PREDOMINANTLY IS A PROFESSIONAL CORRIDOR, WHATEVER YOU WANT TO CALL IT, AREA, WOULDN'T THAT GO AGAINST THE COMPREHENSIVE PLAN? WELL, THAT'S THAT'S WHERE I'LL TURN TO. CINDY. RIGHT. BECAUSE MY, MY UNDERSTANDING IS THE, THE MIXED USE LAND USE CATEGORY HAS A LITTLE BIT BROADER, BROADER USE ALLOWANCE. AND THEN THE MIDTOWN ACTIVITY CENTER ALSO, YOU KNOW, IS, IS CERTAINLY CONTEMPLATING A LARGE NUMBER OF, OF COMMERCIAL USES, INCLUDING INCLUDING OFFICE AND PROFESSIONAL, BUT NOT, NOT POTENTIALLY TO BE WITHIN A QUARTER MILE AREA IS A, IS A PROFESSIONAL ZONE AREA. RIGHT. WOULD YOU ELABORATE ON THAT? 
          [00:55:01]
YES. SO I WOULDN'T I WOULDN'T CALL THAT AREA LIKE A PROFESSIONAL OFFICE ZONING. WE DO HAVE A, A MUCH LESS INTENSE ZONING THAT IS JUST MORE OFFICE PROFESSIONAL OFFICE TYPE USES PREDOMINANTLY. THE ZONING IN THAT AREA IS. ZONING. AND THE, THE WHOLE SURROUNDING AREA IS A MIXED USE FUTURE LAND USE. AND IT'S REALLY THAT MIXED USE, FUTURE LAND USE. THAT'S. AND THAT THAT COMES FROM THE COMPREHENSIVE PLAN DESIGNATION. AND THAT'S WHERE WE REALLY, YOU KNOW, LOOK AT WANTING TO BRING MULTIPLE DIFFERENT MIXES OF USES THAT ARE SUPPORTIVE OF PARTICULARLY YOU'VE GOT, YOU KNOW, YOUR HIGH TECH AREA, YOU KNOW, TO THE WEST THERE. SO SUPPORTIVE SERVICES, RESIDENTIAL OPPORTUNITIES. IT'S THE IDEA OF CREATING A MORE WHEN I SAY DENSE AND INTENSE AREA WHERE YOU HAVE MORE HEIGHT AND MORE WALKABILITY AND LESS, YOU KNOW, MILES OF PARKING, YOU KNOW, PUTTING, PULLING YOUR BUILDINGS UP TO THE, TO THE ROADWAYS, AS OPPOSED TO HAVING ALL YOUR PARKING OUT ON THE FRONT. THAT'S THE LANGUAGE THAT THE COMPREHENSIVE PLAN GIVES AS A GUIDE. I THINK, YOU KNOW, MR. CONLEY IS TRYING TO SAY IS IT'S WE DON'T HAVE THAT SPECIFIED WITHIN OUR LAND DEVELOPMENT REGULATIONS TO POINT TO IN OUR LAND DEVELOPMENT REGULATIONS. SO OUR INTENTION, YOU KNOW, IN THIS MIDTOWN ACTIVITY CENTER WAS A MIX OF USES, BUT LOWER INTENSITY COMMERCIAL USES, YOU KNOW, RETAIL, RESTAURANT OFFICES, SUPPORTIVE TYPES OF USES THAT SUPPORT RESIDENTIAL LIVING IN THE AREA. SO WHEN WE SAY MIXED USE, IT'S ACROSS THOSE LOWER INTENSITY COMMERCIAL USES. FROM A USE STANDPOINT, I KNOW THAT'S CONFUSING WHEN WE USE THE WORD INTENSITY IN TWO DIFFERENT WAYS, BUT AUTOMOTIVE, CONVENIENCE STORE AND GAS PUMPS IS VIEWED AS A MORE INTENSIVE COMMERCIAL USE BECAUSE OF THE POTENTIAL ADVERSE IMPACTS THAT THAT COME FROM A GAS STATION. AND SO THOSE WEREN'T USES REALLY VIEWED AS PART OF THE MIXED USE MIDTOWN ACTIVITY CENTER. BUT TO POINT TO VERY PRECISE LANGUAGE IN THE LAND DEVELOPMENT REGULATIONS, THAT THAT'S WHERE, YOU KNOW, THE THERE'S SOME DIFFICULTY TO POINT DIRECTLY TO. MR. LARUSSO, SIR. I'M SORRY, DID YOU HAVE SOMETHING, VICE MAYOR? I'LL YIELD TO MR. LARUSSO. GO AHEAD. GO AHEAD. 
          VICE MAYOR. I MEAN, I MEAN, SORRY, YOU KNOW WHAT? YOU'RE IMPORTANT TO TONIGHT. TONIGHT? JUST A COUPLE QUESTIONS, CINDY. IS THAT THE INTENSITY USE OF THE STARBUCKS THAT'S JUST UP THE STREET FROM THERE? WOULD THAT IS THAT TAKEN INTO EFFECT AS WELL, TOO? I MEAN, I GO BACKWARDS IN MY THINKING OF THIS CAR STACKING. SO THE CONTINUAL USE OF THAT. THERE'S ALSO THE PUBLIC SERVICE, THE, THE SCHOOL ACROSS THE STREET THAT THE SCHOOL BOARD HAVE. 
          THEY OFTEN CHIME IN ON DIFFERENT THINGS THAT ARE LOCATED AROUND THEM. DO THEY HAVE AN OPPORTUNITY TO CHIME IN ON THIS AS WELL? YEAH, WE DID NOT HEAR ANYTHING FROM THEM. 
          YEAH. THEY WOULD HAVE BEEN NOTIFIED. SOMETIMES THEY'LL JUST PARACHUTE IN AND YOU KNOW, DO WHAT THEY WANT TO DO. SO, BUT WHAT YOU'RE SAYING THOUGH IS THAT THE GAS STATION IS OKAY, BUT THE CONVENIENCE STORE IS NOT. IS THAT WHAT I HEARD AT THE BEGINNING? NO, IT'S TOGETHER. THEY DON'T. WE DON'T REALLY BUILD CONVENIENCE STORES WITHOUT GAS FUELING PUMPS, AT LEAST IN OUR AREA. I UNDERSTAND THAT. SO YEAH, I DON'T THINK CONVENIENCE STORE IS PROBABLY A LITTLE BIT BIGGER. IF THEY'RE GOING TO DO THAT AND NAME IT A CONVENIENCE STORE, OTHER THAN JUST LIKE, FOR INSTANCE, MURPHY'S ON O'GALLEY BOULEVARD, RIGHT NEAR A1. A, THOSE ARE NOTHING, BUT THAT'S A GAS STATION THAT I DON'T KNOW HOW MANY PUMPS THEY'VE GOT THERE, PROBABLY 12 OR SO. IF YOU THINK THERE'S NO CONVENIENCE STORE TO WALK INTO, IF YOU THINK ABOUT THIS, I MEAN, THIS THIS IS YOUR, YOU KNOW, IS YOUR TYPICAL WHAT YOU SEE MOSTLY, YOU KNOW, WHETHER IT'S, YOU KNOW, WAWA OR RACETRAC OR CUMBERLAND FARMS, THEY THEY GO TOGETHER, THE FUELING STATIONS IN THE CONVENIENCE STORE NOW ARE TOGETHER. OKAY. NOW, NOW, MISS HANLEY MADE A COMMENT BEFORE. AND IS IT TRUE OR NOT TRUE THAT THIS WOULDN'T WOULDN'T EVEN COME BEFORE US IF THIS WERE IF THE CRA WERE STILL IN EXISTENCE. SO THERE THERE WAS ADDITIONAL LANGUAGE IN THE CRAS REDEVELOPMENT PLAN THAT SORT OF TOOK A LOT OF THE MIXED USE, YOU KNOW, PARTS OF THE COMPREHENSIVE PLAN AND WENT EVEN FURTHER WITH IT. AND IT TALKED ABOUT, YOU KNOW, THE GOALS OF THE REDEVELOPMENT PLAN WERE TO HAVE THESE MIXED KIND OF USES FOR THEM TO BE OF A SUPPORTIVE NATURE, TO SORT OF THE HIGH TECH, YOU KNOW, 
          [01:00:02]
BUSINESS HUB THAT WAS SURROUNDING THIS, THE CRA AT THAT TIME, SUPPORTIVE USES RESIDENTIAL SO PEOPLE CAN LIVE, YOU KNOW, NEAR WHERE THEY WORK. AND THEN THE TYPES OF USES THAT YOU, YOU NEED AS A RESIDENT, YOU KNOW, RETAIL RESTAURANT OFFICE USES THOSE LOWER INTENSITY KIND OF COMMERCIAL USES. SO THAT'S SOME OF THE LANGUAGE IN THE BABCOCK CRA PLAN. IT ALSO TALKED MORE ABOUT THE COMPACT COMPACT URBAN DESIGN. YOU KNOW, OF SITES AGAIN PULLING THE BUILDINGS UP TO THE STREET FRONTAGE AND THINGS LIKE THAT. OKAY. SO THEN THERE WOULD BE A LOT OF NEGOTIATING IF IT WERE STILL A CRA, THEN JUST LIKE WE'RE DOING RIGHT NOW. YES, IT WOULD HAVE STILL COME TO CITY COUNCIL. IT THERE WOULD HAVE BEEN A STRONGER CASE, YOU KNOW, FOR, FOR STAFF TO MAKE A RECOMMENDATION OF DENIAL. IF THE CRA HAD HAD STILL BEEN IN PLACE, BECAUSE WE COULD CITE TO SOME OF THE LANGUAGE WITHIN THE CONDITIONAL USE CRITERIA, IT TALKS ABOUT OTHER SPECIAL PLANS AND THINGS, AND THAT WOULD HAVE BEEN CONSIDERED A SPECIAL PLAN. AND SO SOMETIMES I GET A LITTLE CONFUSED ABOUT YOUR, YOUR, YOUR STAFF'S CONCERN ABOUT PARTICULAR POINTS OF A PROJECT AND YOU BRING ALL OF THAT OUT, BUT THEN YOU COME BACK. STAFF WILL COME BACK WITH RECOMMENDED RECOMMEND APPROVAL. AND SO CLEARLY THAT THERE IS A CONFLICT OF INTEREST THERE SOMEHOW. AND I KNOW THAT WE'VE WORKED THROUGH THIS OVER YEARS AND YEARS AND YEARS. AND, AND YOU CAN TELL ME A THOUSAND MORE TIMES AND I NEVER GET IT, YOU KNOW, SO BUT THAT'S THE THAT'S THE THING THAT I WANTED TO FIND OUT. A COUPLE OF PINPOINTS FOR ME, ANSWERED EVERYTHING THAT I WANTED TO KNOW. AND I APPRECIATE YOUR TIME. THANK YOU. OKAY, VICE MAYOR, GO AHEAD, MA'AM. SO I THINK IT'S A VERY PRETTY RENDERING, BUT WEIRDLY OUT OF PLACE FOR THIS AREA, IN MY OPINION. BUT WITH THAT SAID, MY QUESTION TO YOU IS THE AREA TO THE SOUTH OF THIS PROPERTY, THE BUILDING THAT USED TO BE THE MARKETPLACE OR USED TO BE MARKETPLACE? BREVARD MALL, IF YOU'VE BEEN AROUND LONG ENOUGH. 
          YEAH, I DON'T THINK SO. BUT MONTGOMERY, THAT PROPERTY, IF I REMEMBER CORRECTLY, THEY WERE IN THE PROCESS OF MAYBE BUILDING SOME RESIDENTIAL UNITS. IS THAT STILL GOING FORWARD? YES. AND IN FACT, WE HAD A PRE-APPLICATION MEETING TODAY ON THAT THAT IS CONTINUED TO BE, YOU KNOW, GOING THROUGH THEY'VE APPLIED FOR SEVERAL DIFFERENT ROUNDS. PART OF THE DEVELOPMENT, THERE WOULD BE SOME AFFORDABLE HOUSING, MULTIFAMILY UNITS. AND SO THEY'VE BEEN WAITING TO GET FLORIDA HOUSING AWARD FOR TAX CREDITS FOR THIS PROJECT TO START MOVING. AND THAT HAS THEY WERE AWARDED IN, I THINK, JANUARY OR FEBRUARY THIS YEAR. SO WE WILL START SEEING. 
          COUNCIL WILL. LIKELY SEE ACTION ON THAT PROPERTY HERE SOON. OKAY. SO SO THAT PART OF THE THAT PROPERTY IS IN THE FUTURE. SO THERE WILL BE MULTIFAMILY DIRECTLY TO THE SOUTH. OKAY. SO THAT BRINGS ME TO MY QUESTION. CAN YOU PULL IT BACK TO ON MY SLIDE DECK? IT'S 138. IT'S WHERE YOU HAVE THE OUTGOING PIECES, WHERE IT SHOWS WHERE IT'S GOING TO HIT, HIT THE ROADS, HOW TO GET IN AND OUT OF THE PROPERTY, THE SITE PLAN. OKAY. THAT ONE. YEAH. SO I THINK WE HEARD FROM THE SPEAKER THAT THAT ROAD TO THE NORTH, IS THAT A PRIVATE ROAD? YES, IT'S A PRIVATE PROPERTY, I BELIEVE. I HEARD THAT THEY ARE NOT GOING TO GIVE PERMISSION TO USE THAT ROAD. THAT'S WHY WE HAVE A CONDITION. AND I, AND I MENTIONED IT BECAUSE WE HAVE YET AT THIS LEVEL, IT'S NOT SOMETHING THAT WOULD BE UNUSUAL. WE DON'T ASK FOR ALL THAT LEGAL DOCUMENTATION AS WE GO TO CONSTRUCTION PLAN PHASE. WE WOULD NEED THEM TO SHOW THEIR LEGAL RIGHT OF ACCESS. RIGHT. SO THAT WOULD LEAVE THE TWO OUTGOING AND IN GOING TO THE SOUTH EAST CORNER. CORRECT. I DON'T KNOW IF ANY OF YOU HAVE EVER DRIVEN OVER THERE. AT TIMES. THERE'S NO WAY THAT THOSE TWO LITTLE PIECES CAN TAKE THE TRAFFIC OF COMING IN AND OUT, ESPECIALLY IF WE'RE GOING TO DO THAT BIG BUILDING OF HIGH DENSITY APARTMENTS. SO I THINK THAT'S A HUGE CONCERN FOR ME WITH THIS PROJECT. SO I DON'T KNOW IF THAT'S ANY CAUSE FOR DENYING IT OR NOT. AND I THINK I THINK THAT AGAIN, GOES TO WHAT COUNCIL MEMBER HANLEY WAS REFERRING TO. RIGHT. AND SO I'LL I'LL REFER BACK TO THE PLANNING AND ZONING BOARD MEMO WITHIN WITHIN THE PACKET. RIGHT. WHICH WHICH IS PROPOSING FINDINGS FOR COUNCIL BASED ON 
          [01:05:02]
BASED ON THEIR REVIEW AND FINDING NUMBER NINE, WHICH I APOLOGIZE. I DON'T KNOW WHICH PAGE THAT IS IN YOUR PACKET, BUT IT'S PAGE THREE OF SIX OF THE PLANNING AND ZONING BOARD MEMO ITSELF. FINDING NINE IS REFERRING TO ANOTHER PROVISION WITHIN CITY CODE FOR CONDITIONAL USE REVIEW AND APPROVAL. YEAH. SO SO IT STARTS ON PAGE 130 OF YOUR PACKET AND CONTINUES ON ONTO THE FOLLOWING PAGE. AND THOSE ARE ALL REVIEW CRITERIA THAT BOTH PLANNING AND ZONING BOARD AND COUNCIL NEED TO CONSIDER AND DETERMINE WHETHER OR NOT THERE IS OR IS NOT GOING TO BE DETRIMENTAL IMPACTS FROM, FROM THESE FROM THESE THINGS. AND SO IT'S, IT'S CERTAINLY WITHIN COUNCIL'S ABILITY, RIGHT? IF YOU BELIEVE YOU'VE HEARD COMPETENT, SUBSTANTIAL EVIDENCE TO SUGGEST THAT THIS APPLICATION IN ITS CURRENT FORM IS GOING TO HAVE ADVERSE IMPACTS ON LIVABILITY AND USABILITY OF NEARBY NEARBY PROPERTIES BECAUSE OF WHETHER IT'S NOISE, FUMES, SMOKES GLARE, LATE NIGHT OPERATIONS, DELIVERY TRUCKS. I FORGET ALL OF THE OTHER CONSIDERATIONS, RIGHT? THAT AGAIN, RIGHT. I THINK I THINK THERE IS THERE IS THAT OPPORTUNITY NOTWITHSTANDING THIS COMPREHENSIVE PLAN, BECAUSE THAT'S THAT'S SO IN IN THE CODE, IT'S SECTION FIVE IS SORT OF THE CONDITIONAL USE SECTION. AND THEN SUBSECTION C IS THESE REVIEW CRITERIA. THE FIRST ONE IS IS IT CONSISTENT WITH THE COMPREHENSIVE PLAN. 
          WE'VE WE'VE NOTED SOME CONCERNS ALTHOUGH NOT NOT WE'RE STILL IF IF IT'S COUNCIL'S DIRECTION, WE'LL CONTINUE TO WORK ON THAT, AT LEAST AS OF TODAY. I WAS STRUGGLING TO POINT TO SOMETHING TO SAY, HERE'S WHERE HERE'S WHERE I CAN SAY IT'S CLEARLY, CLEARLY INCONSISTENT. 
          BUT BUT I'M NOT SAYING I'M NOT SAYING WE COULDN'T GET THERE. I THINK IT'S JUST IT'S A, IT WILL REQUIRE A LITTLE BIT MORE WORK AT THE SAME TIME, THESE ARE OTHER REVIEW CRITERIA FOR, FOR YOU TO CONSIDER AND HAVE TO DETERMINE. AND IF THERE'S A DETERMINATION THAT NO, THERE ARE GOING TO BE ADVERSE IMPACTS BASED ON WHAT'S WHAT'S BEING PROPOSED AND WHAT YOU'VE HEARD TONIGHT, THEN THAT IS ANOTHER INDEPENDENT GROUNDS TO, TO CONSIDER DENIAL OF THE APPLICATION. SO, SO JUST TO CLARIFY ON THIS, BECAUSE I, AGAIN, THIS IS A, THERE'S A POTPOURRI OF CONCERNS WITH THIS. AND SO YOU'RE TELLING ME THAT AS I'M READING THIS, IF I. 
          BECAUSE I DO BELIEVE THIS, THAT IT CAN CAUSE DEPRECIATION OF PROPERTY VALUES NEARBY, AS WAS EVIDENCED BY THE INDIVIDUAL WHO SPOKE TODAY, IS THAT A MOTION THAT I CAN MAKE IN ORDER TO. 
          THAT YOU WOULD FEEL COMFORTABLE WITH ME DOING IT TO THE. AGAIN, I WILL GO BACK TO THE STATEMENT OF THERE BEING COMPETENT, SUBSTANTIAL EVIDENCE IN IN THE RECORD, RIGHT. TYPICALLY WHEN WE'RE TALKING ABOUT PROPERTY VALUES, YOU WILL HEAR CONCERNS ABOUT PROPERTY VALUES OR DISCUSSIONS ABOUT PROPERTY VALUES FROM INDIVIDUALS WHO HAVE SOME AMOUNT OF QUALIFICATIONS TO, TO MAKE THOSE STATEMENTS. SO I DON'T KNOW IF, IF MR. WEST IS AN APPRAISER OR SOMEONE ELSE, YOU KNOW, WITH, WITH THAT TYPE OF EVIDENCE. SO, SO I WILL JUST PLEASE KEEP, KEEP, KEEP THAT, KEEP THAT IN MIND WITH, WITH REGARD TO THAT SPECIFIC ITEM OF, OF PROPERTY VALUES. YEAH. OKAY. AND SO, BUT IN THAT REGARD, BECAUSE IT'S ALL SAYS SAFETY LIGHTING, GENERAL CONVENIENCE, THERE'S THESE DIFFERENT PIECES THERE AND THAT WE'RE TALKING ABOUT. AND EVEN WITH THE FUMES AND THE WAY THAT IT'S GOING TO IMPACT THESE NEIGHBORING BUILDINGS, RESIDENCES AND HOTELS AND FUTURE DEVELOPMENT, LIKE I SAID, I'M, I, THE PUBLIC WOULD BE APPALLED THAT I HAVE TO TWIST MYSELF IN KNOTS IN ORDER TO LIKE, EXPLAIN THIS TO YOU BECAUSE THEY HONESTLY, THIS SHOULD BE AN EASY THING THAT WE ALL AGREE ON. SO CAN I ASK CINDY IF I WERE TO ASK IF YOU GUYS, IF WE BRING THIS BACK AS OPPOSED TO DOING THIS TONIGHT, ARE YOU GUYS BRINGING US BACK NOISE READINGS FROM DIFFERENT GAS STATIONS AND FUMES, SMELLS THAT WE'RE DOING? LIKE, WHAT KIND OF EVIDENCE ARE WE BEING PROVIDED HERE THAT I CAN'T JUST USE TODAY? LIKE, I JUST DON'T UNDERSTAND THAT BECAUSE I'M READY TO MAKE A MOTION ON THIS THING. CAN I BRING SOMETHING UP, IF YOU DON'T MIND? YEAH. YOU KNOW, THE VICE MAYOR BROUGHT A GOOD POINT UP, YOU KNOW, REGARDING THE PRIVATE ROAD. YOU KNOW, IT IS A PRIVATE ROAD. I ASSUME THEY MAINTAIN IT. YES. AND SO IF THEY IF THEY ROAD, THEY MAINTAIN THAT. AND AND THERE'S NO LIGHT. SO WHERE WE'RE JUST GUESSING THAT THEY'RE GOING TO BE ALLOWED TO USE THAT PRIVATE ROAD. AND THEY HAVE BEEN INDICATING TO STAFF ALONG THE WAY THAT THEY WILL HAVE THE RIGHTS FOR THAT ACCESS FOR BOTH THE NORTH AND THE SOUTH. BUT IF THERE'S HOLD ON, HOLD ON A QUESTION AGAIN, CAREFUL WHAT I SAID. THEY HAVE BEEN INDICATING TO STAFF THAT THEY WILL HAVE THE RIGHT TO DO THAT. WE CONDITIONED IT BECAUSE WE'VE NOT BEEN GIVEN THAT LEGAL 
          [01:10:05]
DOCUMENT TO THE NORTH OR SOUTH, SAYING THAT. I WANT TO CLEAR THAT UP. WOULD YOU WOULD YOU COME BACK UP REAL QUICK? DO YOU MIND, MAYOR, WHILE HE'S COMING UP, ARE YOU SAYING THAT THE ONE TO THE SOUTH IS PRIVATE AS WELL? THEY WERE IN DISCUSSION. YES, IT'S PRIVATE AND THEY'VE BEEN IN DISCUSSION WITH THAT PROPERTY OWNER AS WELL. I TO OUR KNOWLEDGE, YOU KNOW, THAT HASN'T BEEN RESOLVED. AGAIN, IT'S IT'S NOT SOMETHING THAT WOULD BE CONCERNING UNTIL WE GOT TO THE ENGINEERING CONSTRUCTION PLAN REVIEW. WE WOULD ASK FOR THAT PROOF BEFORE WE APPROVED A SITE PLAN THAT WOULD ALLOW THAT. YOU HAD THAT COMMENT. YEAH. WE WE HAVE NOT HEARD FROM OWNERSHIP AT ALL ON ASKING US TO USE OUR ROAD. AND I MY QUESTION AND I DON'T MEAN TO PUT YOU ON THE SPOT, BUT I KIND OF HAVE TO. WOULD YOU WOULD YOU HAVE THE AUTHORITY TO TO DENY ARE YOU A TENANT OR. I MEAN, CAN YOU WITH OWNERSHIP. SO AND WE'RE READING THAT INTO THE RECORD. SO THAT'S THAT'S WHY I'M ASKING YOU WHAT I'M ASKING. I'M WITH OWNERSHIP. IT IS OUR PUBLIC ROAD. WE MAINTAIN THE ROAD ALONG WITH THE HILTON PARCEL NEXT TO US. SO WE OWN THE ROAD. WE MAINTAIN THE ROAD. AND AGAIN, WE'RE WE'RE NOT IN FAVOR OF OKAY, OF THIS. SO IF THEY COME TO US AND ASK US, CAN WE USE YOUR ROAD? THE ANSWER IS GOING TO BE NO. OKAY. MR. RUSSO, DO YOU DENY ACCESS TO ANY OTHER BUSINESS AROUND THERE? NO, YOU DO NOT. WE DO NOT KNOW. OKAY, SO THIS WOULD YOU'D BE SETTING THE PRECEDENTS PRETTY MUCH. YOU'D HAVE TO STAND GUARD OR PUT A GATE UP OR SOMETHING LIKE THAT. YEAH. YOU CANNOT GO GET GAS. CORRECT. SOMETHING LIKE THAT. YEAH. OKAY. IS THE APPLICANT HERE. WHO. EMINEM IN BOSTON. NO, THEY'RE NOT HERE. 
          EMINEM. MELBOURNE. NO, THEY'RE NOT LOCAL. THEY'RE NOT LOCAL. LET ME ASK YOU, CAN I ASK ANOTHER QUESTION PLEASE? DO YOU YOU DON'T HAVE BECAUSE IT IS A PRIVATE ROAD THAT YOU HAVE GOING IN AND OUT. IT'S NOT A PUBLIC YOU HAVE PUBLIC ACCESS TO IT, BUT IT IS A PRIVATE ROAD. 
          JUST SO WE'RE ALL A PRIVATE DRIVEWAY. PRIVATE DRIVEWAY. USE THE RIGHT TERMINOLOGY. IT'S A PRIVATE DRIVEWAY, BUT IS THERE ANY OTHER BUSINESS OTHER THAN YOURS THAT YOU HAVE TO GIVE ACCESS TO OTHER THAN THE HILTON? NOT TO MY KNOWLEDGE, BUT THAT'S THAT. YES, THAT'S A DIFFERENT WHOLE. THAT'S A WHOLE DIFFERENT THING. YOU'RE NOT CUTTING THROUGH MY PARKING LOT AND RUNNING TANKER TRUCKS THROUGH THE PARKING LOT. THE HILTON AND US SHARE THE MARTIN LUTHER KING ACCESS AND THE BABCOCK ACCESS. OKAY, SO THERE'S NO OTHER NO. OKAY. I MISS BASSETT, YOU HAD SOMETHING. WHERE IS THE OTHER? ANY OTHER? THE OTHER CLOSEST GAS STATION TO THAT AREA. LIKE HOW FAR AWAY? QUARTER MILE. QUARTER MILE? YEAH, IT'S LIKE 3 OR 4 BLOCKS NORTH. OKAY, IF THAT'S ON, LIKE I'M NOT CONCERNED WITH A TRAFFIC ISSUE BECAUSE. MEL. HI. IT ALREADY MAKES TRAFFIC AN ISSUE THERE. I KNOW BECAUSE I HAVE A HIGH STUDENT AT HOME WHO LOOKED AT THIS, AND ACTUALLY HIM AND ALL HIS FRIENDS ARE VERY EXCITED ABOUT HAVING A PLACE TO STOP AND GET A SODA BEFORE SCHOOL OR AFTER SCHOOL OR SNACK AFTER SCHOOL. I HONESTLY, I'M SORRY. 
          I'M JUST NOT SEEING A HUGE ISSUE WITH THIS. I'M JUST PERSONALLY GLAD IT'S NOT A GAS STATION OR PERSONAL STORAGE UNIT. IT'S BEEN SITTING VACANT FOR YEARS. ARE THEY THE ONLY COMPANY THAT'S COME THROUGH TO TRY TO PICK IT UP, OR HAVE WE HAD OTHERS THAT JUST GOT DENIED? IT'S THE ONLY APPLICATION THAT WE'VE SEEN RECENTLY. HOW LONG HAS IT BEEN SITTING VACANT FOR? JUST BECAUSE IT'S VACANT DOESN'T MEAN I DON'T KNOW. THE BANK WAS OPEN, AT LEAST IN THE LAST FIVE YEARS. IT'S NOT. I FORGET EXACTLY WHEN THAT CLOSED. OKAY, OKAY. ALL RIGHT. SO, SIR, ARE YOU ARE YOU WITH THE APPLICANT? OKAY. ALL RIGHT. WOULD YOU WHERE WERE YOU? HERE. 
          CAN YOU CAN YOU DO A CARD WHEN YOU'RE DONE? ABSOLUTELY. GOOD EVENING. MY NAME IS CHRIS, ALSO WITH KIMLEY-HORN. I'M HERE ON BEHALF OF JARED STUBBS, THE ENGINEER OF RECORD. HE APOLOGIZES. HE WASN'T ABLE TO MAKE IT HERE TODAY, SO I'M FILLING IN. I'LL DO THE BEST I CAN TO ANSWER ANY QUESTIONS THAT COUNCIL MAY HAVE. OBVIOUSLY, I'VE HEARD THE DISCUSSIONS HERE TODAY, AND I KNOW MY APPLICANT IS EXCITED TO BRING THIS PROJECT TO THIS PARCEL AND, YOU KNOW, ARE WILLING TO, YOU KNOW, WORK WITH WITH STAFF. HAVE THEY BEEN WORKING WITH IN ORDER TO BRING, YOU KNOW, A NEW DEVELOPMENT TO WHAT, A VACANT PARCEL RIGHT NOW, WHAT USED TO BE THE BANK? I KNOW THERE'S BEEN LENGTHY CONVERSATIONS ABOUT ACCESS, OBVIOUSLY THE CONDITION OF APPROVAL WITH REGARDS TO SHOWING PROOF THAT THAT CIRCLE K IS GOING TO BE ABLE TO USE THAT DRIVEWAY, THAT CONVERSATION I HAVEN'T BEEN A PART OF. SO IF THAT IS NOT ATTAINED, THEN OBVIOUSLY THE PROJECT IS PROBABLY NOT GOING TO MOVE FORWARD BECAUSE THE CONVENIENCE STORE GAS STATION ACCESS IS IS EVERYTHING WHEN IT 
          [01:15:01]
COMES TO THAT KIND OF BUSINESS MODEL. SO THAT I, I CAN'T GET INTO BECAUSE THAT'S MORE BETWEEN THAT PROPERTY OWNER AND THE APPLICANT, YOU KNOW, ENTITY THEMSELVES. BUT I'LL BE HAPPY TO ANSWER ANY KIND OF ENGINEERING TYPE QUESTIONS, LAYOUT ACCESS. I KNOW, I KNOW THERE WAS DISCUSSIONS ABOUT, YOU KNOW, CONCERNS WITH FOLKS COMING FROM THAT CAN'T SEE THAT FAR FROM THE FROM THE WEST, YOU KNOW, GOING THROUGH THE RIALTO AND THE HILTON PARKING AREA IN ORDER TO ACCESS THAT GAS STATION. I WILL SAY THAT NASSAU IS TO THE NORTH AND HIBISCUS IS TO THE SOUTH. MAJOR THOROUGHFARES, I MEAN, MOTORISTS MORE LIKELY ARE GOING TO USE THOSE BIGGER ROADS IN ORDER TO GAIN ACCESS TO THE GAS STATION. IF THAT'S WHERE THEIR ULTIMATE GOAL IS TO GO. IT WAS CONCERNS ABOUT THE UNDERGROUND STORAGE TANKS. I MEAN, THE THESE NEW TANKS NOW THEY'RE TRIPLE WALLED TANKS THAT ARE YOU KNOW, THEY'RE WITH A SERVICE LIFE OF MORE THAN 25, 30 YEARS. THERE'S A LOT OF REGULATORY, YOU KNOW, INSPECTIONS AND WHATNOT WHEN IT COMES TO THAT TYPE OF SYSTEMS, OBVIOUSLY, WITH THE ENVIRONMENTAL CONCERNS. AND THEN WITH THIS END USER BEING A NATIONAL ENTITY, YOU KNOW, THEY HAVE THEIR THEIR INSPECTIONS AND THEIR CRITERIA THAT THEY HAVE TO ALSO ADHERE TO NOISE. 
          AND THE OTHER CONCERNS, I'M SURE IF STAFF AND COUNCIL REQUIRES SOME DOCUMENTATION WITH REGARDS TO THOSE TYPE OF ITEMS, YOU KNOW, THE APPLICANT WILL BE ABLE TO PROVIDE FURTHER DOCUMENTATION, I GUESS, TO PROVE THEIR, THEIR CASE. BUT THE, THE PACKAGE THAT'S IN FRONT OF YOU TODAY AND THAT ONE IN FRONT OF PLANNING AND ZONING DOES MEET THE CRITERIA FOR THIS SPECIFIC PARCEL WITHIN THE CITY'S REGULATION. SO. SO A QUESTION I HAVE FOR YOU. SO YOU YOU KNOW, I KNOW YOU CAN'T SPEAK FOR THE OWNERSHIP, BUT YOU'RE THE ENGINEER. SO WHY WOULD YOU AGREE THAT THIS PROJECT NEEDS THAT ENTRANCE WAY OFF THE OFF THE PRIVATE DRIVE OFF THE THE PRIVATE ROADWAY. AND I WILL CAVEAT THAT I'M HERE ON BEHALF OF THE ENGINEER RECORD, BUT I WOULD SAY YES. AND TO ME, IT'S CONCERNING THAT, YOU KNOW, THAT THE CITY HAS BEEN TOLD THAT THERE IS ACCESS WHEN THE OWNER IS HERE SAYING THERE IS NO ACCESS AND PUT YOU IN A BAD SPOT, BECAUSE IT REALLY AND I UNDERSTAND THAT YOU'RE YOU'RE DOING YOUR JOB. 
          THAT'S MY CONCERN. AS YOU SEE GAS STATIONS, THIS IS A NEWER GAS STATION. I LIKE I LIKE THE PROJECT. THE PROBLEM IS THE ENTRANCE. WHEN YOU SEE THESE GAS STATIONS, THEY'RE ON A, YOU KNOW, THEY'RE, THEY'RE AT CORNERS OF OF, YOU KNOW, BABCOCK AND, YOU KNOW, THERE'S LIGHTS, THERE'S ENTRANCE, YOU KNOW, FROM THE MAIN ROADWAY. SANO AND APOLLO, MULTIPLE ENTRANCE WAYS. THIS IS A GREAT PROJECT, IN MY OPINION, PUT IN A BAD LOCATION THAT THAT JUST THAT'S MY OPINION, STRICTLY MY OPINION. AND AGAIN, MY CONCERN FOR THE CITY MANAGER AND CITY ATTORNEY IS THE ACCESS. AND I DON'T KNOW IF THAT CAN BE WORKED OUT NOW, BUT IF OUR CITY'S TOLD ONE THING, IT DOESN'T APPEAR IT COULD BE ACCURATE. WE'LL SAY TWO. IF IF THAT ACCESS DRIVE GOES AWAY, IT'S A SUBSTANTIAL CHANGE TO THE SITE PLAN. AND THIS ALL HAS TO COME BACK TO COUNCIL FIRST READING STILL? WELL, NO. WE WOULD NEED A REVISED SITE PLAN AND AND IT WOULD BE THE CONDITIONAL USE HEARING WOULD OCCUR AGAIN. WE'D BE DOING THIS AGAIN IF THAT'S GOING TO CHANGE REAL QUICK. I HAVE AN ENGINEERING QUESTION FOR YOU. I, I AM CURIOUS ON HOW THE SEMIS FOR FUEL DELIVERY AND, AND FOOD DELIVERY, HOW THE TRUCKS ARE GOING TO TRAVEL THROUGHOUT THAT SITE. I DIDN'T SEE ANY TURNING MOVEMENT. THEY'RE NOT CALCULATIONS, BUT ANY TO, TO CHECK ON THE THE RADIUS AND TO SEE ANY DEPICTION OF HOW THE THE VEHICLE GOES THROUGH. YES. EXCELLENT QUESTION. SO IN PREPARATION FOR THIS MEETING, THE ENGINEER RECORD PROVIDED ME THE VEHICLE ROUTING PLAN. SO THE TANKER TRUCK IS SCHEDULED TO COME SOUTHBOUND ON BABCOCK STREET AND USE THAT RIALTO DRIVEWAY IN ORDER TO ACCESS THE SITE. AND I HAVE MY BEARINGS CORRECT. GO EAST AND PARK. THE UNDERGROUND TANKS ARE ON THE VERY EAST SIDE OF THE PROPERTY, AND THAT'S WHERE THEY WILL DROP OFF THEIR FUEL AND THEN EXIT VIA SOUTH, COMING DOWN AND THEN UTILIZING THE BULLDOG BOULEVARD INTERSECTION. SO THE SEMIS GOING TO USE BOTH PRIVATE DRIVEWAYS, CORRECT. OKAY, WAIT A MINUTE. HOLD ON, HOLD ON. YOU 
          [01:20:05]
GOOD, GOOD. OKAY, SO YOU'RE SAYING THAT YOU'RE GOING TO HAVE TO USE THE RIALTO TO COME IN. CORRECT. AND HE'S SAYING YOU HAVE NO ACCESS. CORRECT. OKAY. SO SO HOLD ON, SIR, I DON'T UNDERSTAND HOW YOU CAN EVEN COME FORWARD TO THAT WITH US WHEN THEY'RE NOT EVEN GOING TO GIVE YOU ACCESS FROM THEIR PROPERTY. AND YOU'RE SAYING THAT'S HOW YOU'RE GOING TO BRING THE SEMIS IN? PLEASE EXPLAIN. SO FROM THE LIMITED KNOWLEDGE THAT I KNOW, AND I DON'T KNOW IF THIS GENTLEMAN OWNS THE PROPERTY TO THE SOUTH, BUT THERE ARE EXISTING EASEMENTS THERE AND THE EXISTING BANK DOES HAVE ACTUALLY HAS FIVE DRIVEWAYS. 
          AND THE PROPOSED PROJECT IS REDUCING IT TO I'M SORRY, HAS FOUR EXISTING DRIVEWAYS CURRENTLY THERE NOW, AND THIS PROJECT IS PROPOSING TO REDUCE IT TO THREE. SO THERE IS SHARED ACCESS. AND I DON'T KNOW IF SOMEBODY COULD SHOW THE EXISTING AERIAL OF WHAT THAT PARCEL LOOKS LIKE NOW, BUT THOSE DRIVEWAYS ARE PRIVATE PROPERTY INTO THAT TO THE ACCESS. I MEAN, I'VE BEEN HERE FOREVER, A LONG TIME, PROBABLY A LOT LONGER THAN YOU HAVE. SO THOSE DRIVEWAYS ARE THERE NOW, RIGHT. SO WE'RE NOT THEY'RE ACTUALLY PROPOSING TO REDUCE THE AMOUNT OF DRIVEWAYS THAT ARE THAT ARE THERE. RIGHT. SO THERE'S ALREADY STANDING ACCESS AGREEMENTS. AND OBVIOUSLY NOT KNOWING THAT, YOU KNOW, THE RIALTO PROPERTY OWNER IS NOT GOING TO GRANT THAT, YOU KNOW, THAT ACCESS THAT'S A COMPLETELY DIFFERENT CONVERSATION THAT YOU KNOW, WHICH YOU STILL HAVEN'T GOTTEN THE ACCESS FROM THE OTHER OWNER ON THE, ON THE SOUTH. YEAH, SOUTH SIDE OF IT, FROM WHAT I WAS TOLD, THE SOUTH SIDE WAS AGREED UPON. I BELIEVE IT'S THE SAME PROPERTY OWNER IS THAT THE SOUTH SIDE IS A DIFFERENT PROPERTY OWNER THAN THE NORTH. I UNDERSTAND THAT, BUT YOU'VE COME IN TO SAY THAT YOU'VE HAD ACCESS TO THE CITY, TO OUR CITY STAFF AND SAID, HEY, WE HAVE ACCESS FROM RIALTO. SO WE NOW AND HE'S COMING IN AND SAYING, NO, WE DON'T. YOU DON'T HAVE ACCESS. SO HOW WOULD I BELIEVE YOU? I HAVE A HARD TIME BELIEVING YOU, SAYING THAT YOU HAVE ALREADY IN AGREEMENT WHEN YOU SAY YOU HAD AN AGREEMENT WITH THE RIALTO PLACE. WELL, JUST TO BE CLEAR, AN AGREEMENT HAS. WE HAVEN'T SAID THAT THERE WAS AN. AND I THINK I WANT TO MAKE IT CLEAR THAT. FACT IS, YOU KNOW, HE'S HERE FOR THE APPLICANT. HE'S A MESSENGER. I THINK WE I THINK WE NEED TO GO WITH THE EVIDENCE THAT BEFORE US. AND SO THAT'S I THINK THAT'S WHERE WE NEED TO STAY. SO SO. ANYBODY HAVE ANY OTHER QUESTIONS FOR THE. I HAVE ONE JUST ONE GENERAL QUESTION FOR THE APPLICANT BECAUSE I KNOW THAT THE STAFF MAY NOT HAVE HEARD. BUT FROM INTERNAL DISCUSSIONS, HAVE THERE BEEN ANY OTHER BUSINESS MODELS PROPOSED FOR THIS PARTICULAR PROPERTY BY THE THE OWNER? NOT THAT I'M AWARE OF, SIR. OKAY. ONE LAST QUESTION. DOES THE APPLICANT OWN THIS PROPERTY OR IS IT ONLY CONTINGENT UPON THE APPROVAL OF THE CONDITIONAL USE PERMIT? GOOD QUESTION. I DON'T KNOW AT THIS TIME. I BELIEVE IT'S THE LATTER. YOU BELIEVE WHAT? IT'S THE LATTER BASED ON APPROVAL. YEAH. BASED ON APPROVAL. SO HE WOULD BUY IT AND PUT IT. OKAY. OKAY. GOT IT I BELIEVE. OKAY. ALL RIGHT. WELL THANK YOU SIR. THERE'S NO OTHER QUESTION FOR. ALL RIGHT. 
          JUST WONDERING THAT. GOOD QUESTION. DID YOU HAVE SOMETHING? WELL, NOT WITH HIM, BUT I MEAN, IT SEEMED LIKE THAT THE PROPERTY OWNER, THE. YOU WANT TO CALL HIM BACK UP? YEAH. 
          DID YOU HAVE SOMETHING TO SAY, MY FRIEND? I WAS JUST GOING TO SAY MY OFFICE GOT BACK TO ME. I MISSPOKE ABOUT THEY DO HAVE ACCESS BUT NOT INCREASED USAGE ACCESS. SO WE DO HAVE AN ACCESS AGREEMENT WITH THAT PARCEL OWNER. BUT AS FAR AS TANKER TRUCKS AND 100 CARS COMING, YOU KNOW, 1000 CARS COMING THROUGH EVERY DAY, THAT'S NOT AS FAR AS THEY TOLD ME, NOT IN THE AGREEMENT. ALL RIGHT. SO THAT CHANGES IT. THERE'S NO ACCESS. SO THERE'S ACCESS BUT THERE'S NO ACCESS. CORRECT. YOU SEE WHAT KIND OF WORRIED. YEAH. THERE'S BEEN CONVERSATION BUT NOT FINALIZED. YEAH. WELL DOES THE COUNCIL DO YOU WOULD YOU WOULD YOU ALL WANT TO I JUST WANT TO CLARIFY. I KIND OF WANT TO POSTPONE IT FOR THIS. AND THEN WE CAN HAVE CITY DISCUSSION OF STAFF. I THINK THIS NEEDS TO BE WORKED NEEDS TO BE WORKED OUT. MORE ON THIS ON THIS. BECAUSE I THINK A LOT OF THINGS BEING THROWN AT YOU AND, AND THE, AND THE ACCESS AND, YOU KNOW, TANKER TRUCKS AND NASCAR AND WHATEVER. SO I THINK IF IT'S ALL RIGHT WITH COUNCIL, MY, MY ONLY QUESTION IS FOR CINDY LAST. AND THEN IF WE CAN, I'M ALL ABOUT IT. BUT WITH THAT INFORMATION IN MIND, IS THAT WHAT THE UNDERSTANDING OF STAFF WAS BASED ON THIS? NOW THAT WE HAVE KIND OF HEARD EVERYBODY ABOUT THIS ACCESS STAFF HAS BEEN TOLD THAT THERE WAS ACCESS AT BOTH THE NORTH AND SOUTH. WE'VE ASKED FOR THOSE EASEMENT DOCUMENTS. THOSE HADN'T HAVE NOT BEEN PROVIDED TO US. WE DON'T HAVE ANY INDICATION WHETHER THEY DO OR 
          [01:25:01]
DON'T, WHICH IS WHY WE ADDED THE CONDITION THAT, YOU KNOW, THOSE WOULD NEED TO APPEAR AND BE VALIDATED PRIOR TO CONSTRUCTION PLAN APPROVAL. OKAY, MAYOR. GO AHEAD. MA'AM, I THINK PART OF OUR DISCUSSION AND MAYBE WHAT MR. CONNELLY NEEDS FOR HIS RESEARCH IS WHETHER OR NOT THEY ACTUALLY HAVE THE ACCESS THAT THEY NEED, BECAUSE OBVIOUSLY THEY HAVE SOME KIND OF ACCESS. BUT WHETHER OR NOT THEY HAVE THE ACCESS THEY NEED. SO CAN WE GO BACK? AND I HATE TO TABLE IT, I REALLY DO, BUT I THINK IT'S A NECESSITY IN ORDER TO GET THAT PAPERWORK, BECAUSE I DON'T THINK WE CAN MOVE FORWARD UNTIL WE GET THAT PAPERWORK. I AGREE, YEAH, I AGREE, BUT I ALSO WANT TO MAKE SURE THAT IN ADDITION TO ACCESS, THERE'S A NUMBER OF OTHER THINGS THAT THAT HAVE BEEN POINTED OUT. SO I THINK AND THAT'S WHAT THE CITY ATTORNEY WAS TALKING ABOUT. SO YEAH. CAN WE TABLE. YEAH, I'LL MAKE A MOTION JUST TO TABLE THIS TO A FUTURE MEETING WHERE STAFF COULD GET US MORE INFORMATION ABOUT THESE ISSUES. 
          HOLD ON, CITY ATTORNEY, WE NEED A DATE. YEAH. THANK YOU. YES. HOW LONG DO YOU GUYS NEED? I DON'T KNOW AN ANSWER TO THAT. YOU GUYS DO. I MEAN, IS COUNCIL LOOKING FOR INFORMATION ON ACCESS OR IN WHAT. YEAH. YEAH. WE WANT. YEAH, WE. HOW ABOUT THE SECOND MEETING IN JUNE? THERE IS NO SECOND MEETING IN JUNE. YOU KNOW THAT. SO WOULD WOULD WOULD THERE BE ENOUGH TIME FOR THE NEXT MEETING. I MEAN, IF IF THEY HAVE THE ACCESS EASEMENTS TO PROVIDE TO STAFF, LIKE I SAID, WE DID ASK FOR THEM TO BE. AT THE SAME TIME, IF THE OWNERS ARE ARE CHALLENGING THE SCOPE AND LEVEL OF THAT ACCESS AND WHAT AND WHAT THAT DOCUMENTS INTENDING. 
          RIGHT. THE CITY AND OUR OFFICE ISN'T REALLY IN A POSITION TO SAY YES OR NO. RIGHT. AND SO WE, YOU KNOW, THAT'S WHERE I THINK THE CONDITION OF APPROVAL WAS SORT OF PHRASED THE WAY THAT IT WAS, AS, DO YOU HAVE ACCESS FOR THIS INTENDED USE, RIGHT? IF, IF THOSE PRIVATE OWNERS ARE GOING TO FIGHT IT OUT ON WHETHER OR NOT THEIR EXISTING EASEMENT RIGHTS, CONTEMPLATE A CONVENIENCE STORE AND GAS STATION AS OPPOSED TO A BANK OR THE PREVIOUS USES, RIGHT. I DON'T KNOW IF THAT'S GOING TO BE THE SOLE BASIS UPON WHICH TO DENY. RIGHT. AND SO I'LL GO BACK. I'LL GO BACK TO RIGHT. THERE'S THERE'S LANGUAGE IN THE CONDITIONAL USE THINGS TALKING ABOUT ADVERSE IMPACTS BASED ON THINGS LIKE TRUCK AND OTHER DELIVERY TRIPS. RIGHT. AND SO IF THERE'S A CONCERN ABOUT THE NUMBER OR THE CONFIGURATION OR THE VISIBILITY OF THOSE THINGS, RIGHT? IF YOU IF YOU BELIEVE YOU'VE HEARD COMPETENT, SUBSTANTIAL EVIDENCE TO SAY THERE'S GOING TO BE DETRIMENTAL IMPACTS FROM THIS PROPOSED USE BECAUSE OF SOMETHING LIKE THAT. 
          THAT'S, THAT'S A, A, A BASIS UPON WHICH TO REJECT THE PROPOSED FINDINGS OF PLANNING AND ZONING BOARD AND SAY NO, FOR FOR THAT PARTICULAR FINDING, WE'RE MAKING AN ALTERNATIVE FINDING. WE'RE SAYING THAT THIS APPLICATION HAS NOT ADDRESSED THESE ISSUES, THAT THERE THAT THERE ARE VERY LIKELY GOING TO BE THESE TYPES OF ADVERSE IMPACTS AND THAT BEING UNDERLYING FINDING SAME WOULD BE TRUE. YOU KNOW, AGAIN, WE TALKED ABOUT THE, THE REVIEW CRITERIA, TALK ABOUT CONSISTENCY WITH THE COMP PLAN. WOULD WANT A LITTLE BIT OF TIME TO CONTINUE WORKING ON THAT WITH, WITH STAFF. BUT IF THAT'S COUNCIL'S DIRECTION, WE'LL CONTINUE TO LOOK AT THAT. BUT BUT AGAIN, I, YOU KNOW, AND AGAIN, I GO BACK TO THE PROPOSED FINDING NUMBER NINE, WHICH IS IN THE MEMO, REFLECTS GENERALLY THE LANGUAGE IN CITY CODE OF OF SECTION FIVE, C2D. AND AGAIN, I'LL JUST I'LL JUST READ IT SO THAT YOU KNOW EXACTLY THE KIND OF THE SCOPE OF WHAT WE'RE TALKING ABOUT. RIGHT. THE CONDITIONAL USE APPLICATION SHALL NOT HAVE SIGNIFICANT ADVERSE IMPACTS ON THE LIVABILITY AND USABILITY OF NEARBY LAND DUE TO NOISE, DUST, FUMES, SMOKE GLARE FROM LIGHTS, LATE NIGHT OPERATIONS, ODORS, TRUCK AND OTHER DELIVERY TRIPS. THE AMOUNT, LOCATION AND NATURE OF ANY OUTSIDE DISPLAYS, STORAGE OR ACTIVITIES, THE POTENTIAL FOR INCREASED LITTER AND PRIVACY AND SAFETY ISSUES. 
          SO IF THERE ARE ELEMENTS OR THINGS THAT YOU'RE HEARING OR BELIEVE THAT YOU'VE HEARD IN THE IN THE TESTIMONY THAT YOU'VE HEARD TONIGHT, THAT'S THAT YOU BELIEVE IS COMPETENT, SUBSTANTIAL, THAT RELATES TO THINGS LIKE THE NOISE, DUST, FUMES, SMOKE, LATE NIGHT OPERATIONS, TRUCK AND OTHER DELIVERY TRIPS. RIGHT. THESE THESE WOULD BE I'M NOT I'M NOT SUGGESTING TO YOU THAT YOU MAKE A PARTICULAR THING, RIGHT? I'M HEARING I'M HEARING FROM YOU THAT YOU'RE LOOKING FOR GROUNDS AND I'M TRYING TO HELP HELP YOU IDENTIFY THESE. THESE ARE POTENTIALLY GROUNDS TO DO THAT. SO THEN WELL, THEN THEN I'LL SAY, MR. CONLEY, YOU KNOW, OUR OUR CITY MANAGER IS A ENGINEER,E BROUGHT UP A VERY GOOD POINT. THE FACT THAT TRUCK, THE SWING IN THE PRIVATE DRIVE AND THE TRIPS, THE TRIPS, THE DUST AND, AND THE, OF COURSE, THE, THE GASOLINE TO ODORS. SO I, I MEAN, I, I HAVE, I HAVE ISSUES WITH THIS. AND IN MY OPINION THAT TO 
          [01:30:06]
ME THAT THAT'S COMPETENT AND SUBSTANTIAL EVIDENCE. I AGREE. AND SO I WANT TO MAKE A MOTION IN ORDER TO, TO DO THAT. SO IF I MAKE A MOTION THAT I BELIEVE THAT THIS THAT IN FOR DENIAL, BECAUSE IT'S GOING TO IMPACT THE LIVABILITY, THE SMELL, THE USE OF THE PRIVATE LAND AROUND IT, I'D LIKE TO MAKE THAT MOTION FOR DENIAL. IS THAT SUFFICIENT? LIKE, DID, DID THAT MOTION PRESENT PROPERLY? IF IT IF IT IF IT COVERS EVERYTHING THAT YOU THINK IT IS LITERALLY EVERYTHING THAT YOU SAID THAT I WAS CONCERNED ABOUT. I JUST CAN'T REPEAT EVERYTHING YOU JUST SAID. OKAY, IF YOU, IF YOU WOULD LIKE TO REPEAT BACK AND I REPEAT IT BACK TO YOU BECAUSE I JUST WANT TO MAKE THE MOTION PROPERLY FOR YOU. SURE. AGAIN, BECAUSE IT WAS THE LATE RIGHT, THE USE OF RIGHT, I THINK I THINK IT WOULD BE, I THINK IT'D BE THE, THE APPLICATION, THE APPLICATION MOVE FOR DENIAL OF THE APPLICATION BECAUSE IT FAILS TO SATISFY REVIEW CRITERIA C2D IN THAT APPLICATION TO LIST THEM ALL. SO RIGHT. MAKE A MOTION FOR DENIAL BASED ON CONDITION C2D ON ON. BASED ON THE EVIDENCE THAT HAVE BEEN DISCUSSED AT THE MEETING TODAY AND WITH STAFF. RIGHT. GREAT. YOU MADE THAT MOTION. I MAKE THAT MOTION. 
          I'LL SECOND THAT. WELL NO. WELL HE MADE A MOTION MOTION MOTION. SO SOMEONE HAVE A MOTION ON THE TABLE. YEAH. IT WAS DISCUSSION FOR TABLE. BUT WE HAVE A MOTION. YOU HAVE A MOTION. HAVE A SECOND. SO WE'RE GONNA HAVE A MOTION A SECOND. SO WE'LL HAVE A. ALL THOSE IN FAVOR SAY AYE AYE AYE. ANY OPPOSED. I VOTE AYE. AND THAT MOTION PASSES FOR DENIAL. SO WE'RE LOOKING FOR CLARIFICATION ON WHO SECONDED THAT MOTION. I SECOND THAT MOTION SECOND. OKAY. VERY GOOD COUNCILMEMBER NEWMAN. AND THEN ME. AND IT WAS A UNANIMOUS VOTE FOR DENIAL. ALL RIGHT. THANK 
          [13. Ordinance No. 2026-22, Mayfair Community Development District Contraction: (First Reading/Public Hearing) An ordinance amending City Code, Chapter 20, Article IX, Section 20-289 and Section 20-291, regarding a contraction to the jurisdictional boundaries of the Mayfair Community Development District. (Applicant/Representative - Mayfair Community Development District) (P&Z Board - 4/16/2026)]
YOU. WE'RE GOING TO MOVE ON TO ITEM NUMBER 13. GOOD DISCUSSION. ORDINANCE NUMBER 2020 622 MR. CONLEY. THANK YOU. MAYOR. AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA, RELATING TO THE CONTRACTION OF THE JUDICIAL JURISDICTIONAL BOUNDARIES FOR THE MAYFAIR COMMUNITY DEVELOPMENT DISTRICT, MAKING FINDINGS, AMENDING CHAPTER 20 OF THE CITY CODE ENTITLED COMMUNITY PLANNING AND DEVELOPMENT AMENDING ARTICLE NINE MAYFAIR COMMUNITY DEVELOPMENT DISTRICT, PROVIDING FOR SEVERABILITY AND INTERPRETATION, PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. THANK YOU. 
          REPORTING ON THIS AS MISS CINDY DITTMER. YES. SO THIS IS THE FIRST READING OF AN ORDINANCE AMENDING CITY CODE, CHAPTER 20, ARTICLE NINE, REGARDING THE CONTRACTION OF THE JURISDICTIONAL BOUNDARIES OF THE MAYFAIR COMMUNITY DEVELOPMENT DISTRICT. THE CDD THE MAYFAIR COMMUNITY DEVELOPMENT DISTRICT IS LOCATED ON THE SOUTH SIDE OF FLORIDA AVENUE, WEST SIDE OF LIPSCOMB, NORTH SIDE OF PIRATE AND EAST OF BABCOCK STREET. THE SUBJECT PROPERTY IS A MIXED FUTURE LAND USE WITH PUD ZONING AND C ONE ZONING AND IS LOCATED IN COUNCIL DISTRICT THREE. BACK IN 2007, CITY COUNCIL APPROVED ORDINANCE 2000 AND 7-20 THAT ESTABLISHED THE MAYFAIR COMMUNITY DEVELOPMENT DISTRICT WITHIN OUR CITY CODE. THE PURPOSE OF COMMUNITY DEVELOPMENT DISTRICT. IT IS ALLOWED BY STATE LAW, BUT IT'S TO UTILIZE TO FINANCE AND CONSTRUCT THE INFRASTRUCTURE OF. TYPICALLY OF A SUBDIVISION. 
          THEY. THEY HAVE A BOARD OF SUPERVISORS. THEY'RE CONSIDERED SPECIAL DISTRICT. THAT BOARD IS NOW PETITIONING THE CITY TO REDUCE OR CONTRACT THE AREA OF THE C, D, D. SO ON THE SLIDE BEFORE YOU. THIS IS THE CURRENT AREA. AND THEY'RE REQUESTING TO TO MAKE IT A LITTLE OVER 100 ACRES OR SO, SMALLER IN SIZE. THIS IS ALL CONSISTENT WITH FLORIDA STATUTE. IT DOES REQUIRE THAT TO COME THROUGH THE CITY OF MELBOURNE. WE DO HAVE LANGUAGE IN CHAPTER 20 THAT THAT HANDLES THIS TYPE OF REQUEST. THE MAYFAIR CBD IS THE ONLY ONE THAT WE HAVE AT THIS POINT WITHIN THE CITY. SO THE ORDINANCE THAT'S PROPOSED BEFORE YOU THIS EVENING AMENDS SECTION 2289. IT PROVIDES FOR THIS NEW LEGAL DESCRIPTION. AND THEN WE'LL ALSO PROVIDE IN SECTION 2291 FOR THE UPDATED DRAWING THAT SHOWS THE NEW BOUNDARIES. THE PLANNING AND ZONING BOARD DID REVIEW IT FOR FINDING A CONSISTENCY WITH THE COMPREHENSIVE PLAN, AND THEY DID VOTE UNANIMOUSLY TO RECOMMEND APPROVAL OF THE REQUEST, AND STAFF WOULD RECOMMEND APPROVAL ORDINANCE NUMBER 2026-22. THANK YOU. ANY QUESTIONS? MR. QUESTION, MAYOR. 
          SO HERE LEARNING ABOUT THE CBD. ARE THERE ANY CONCERNS THAT WE SHOULD HAVE BIG PICTURE AS CITY WITH THIS TYPE OF ACTIVITY BEING IN PROPOSED IN THIS AREA THAT YOU KNOW, SO THE CBD IS ALREADY IN PLACE AND HAS BEEN SINCE 2007. SO THERE'S NOT ANY CONCERN THERE REDUCING IT. AND 
          [01:35:06]
IT HAS TO DO AS MUCH WITH THE PHASES THAT WE'RE SEEING OF DEVELOPMENT NOW IN THE MAYFAIR DEVELOPMENT. AND THAT THAT'S OUR UNDERSTANDING OF THE REASON THAT THEY'RE CONTRACTING THE BOUNDARIES. SO THERE'S NOT ANY CONCERN, YOU KNOW, FROM THE CITY FOR CONTRACTING, YOU KNOW, THAT BOUNDARY. SO I GUESS LET ME STEP BACK IN HISTORY IN 2007, WHEN IT CAME UP WITH THE COUNCIL BEFORE. SO JUST WHAT ARE SOME OF THE PROS AND CONS OR SLIGHT OVERVIEW OF THE CBD AS IT RELATES TO THE CITY? I'M DEFINITELY NOT A CBD EXPERT, BUT I'LL GIVE YOU THE BASICS OF. 
          SEEDS HAVE BECOME VERY POPULAR. VIERA. YOU KNOW, IT'S THAT WHOLE THING IS BASICALLY A, A CBD HAMMOCK LANDINGS IS A COMMERCIAL VERSION OF IT DOWN ON PALM BAY ROAD AND MINTON ROAD. BUT ESSENTIALLY THE DEVELOPER CREATES THIS SPECIAL DISTRICT THAT CAN THEN HELP TO CONSTRUCT AND THEN PAY DEBT SERVICE BASICALLY ON THE INFRASTRUCTURE OVER TIME. AND THEY DO THAT THROUGH DIFFERENT MECHANISMS ON RESIDENTIAL PROPERTY. THERE'S AN ADDITIONAL ASSESSMENT THAT WILL OCCUR ON THOSE PROPERTIES THAT THEY'LL PAY INTO THE CBD. AND SOMEWHAT LIKE AN HOA, YOU KNOW, MONTHLY ANNUAL CONTRIBUTION. THIS ACTUALLY HAPPENS ON YOUR TAX BILL. THE, THE OTHER SIDE OF THAT, THE COMMERCIAL CBD, IF YOU'VE EVER SHOPPED DOWN THERE, YOU'LL SEE AN EXTRA PENNY SALES TAX THAT SO EVERYTHING YOU KNOW THAT'S PURCHASED IN THAT CBD, THEY ARE THEN FUNDING THE REPAYMENT OF INFRASTRUCTURE AND, AND MAINTENANCE. SO IT'S AN ONGOING THING. IT'S PAYING OFF INFRASTRUCTURE AS WELL AS MAINTAINING INFRASTRUCTURE AND DOING REPAIRS. SO THAT'S SORT OF THE BASIC PURPOSE OF IT. OKAY. THANK YOU. OKAY. ANY OTHER QUESTIONS? ALL RIGHT. THIS IS A QUASI JUDICIAL ITEM. ANY DISCLOSURES I NOTE NO DISCLOSURES. THERE'S ALSO A PUBLIC HEARING SIGN UP SHEET. GINGER. GINGER. HELLO. GINGER WALL WITH BILLING COCHRAN. I'M HERE TO ANSWER ANY QUESTIONS. I'M ACTUALLY COUNSEL FOR THE CDD. SO YOU ACTUALLY DID A VERY GOOD JOB OF GIVING AN OVERVIEW AND EXPLANATION. BUT ANY QUESTIONS YOU MAY HAVE REGARDING THIS CONTRACTION OR THE CBD ITSELF, I'M MORE THAN HAPPY TO ANSWER FOR YOU. OKAY. I GOT A QUICK QUESTION FOR YOU. SURE. AND IT'S ACTUALLY PROBABLY MORE OVER SCOPE SINCE YOU'RE THE ATTORNEY FOR LIKE, BECAUSE WE KNOW THAT VIERA HAS THE SEEDS AND STUFF ON A SITUATION LIKE THAT, OR ARE THEY GOING TO HAVE, ARE THERE ELECTIONS AND STUFF FOR THAT C, D, E OR. YES. SO RIGHT NOW THE CBD IS CONTROLLED BY THE BOARD OF SUPERVISORS THAT ARE ELECTED BY THE PROPERTY OWNERS. SO IN THIS C, D D WHEN YOU DO CONTRACT THE BOUNDARIES, WE'RE GOING TO BE LEFT WITH TWO PROPERTY OWNERS. AND WITH THOSE TWO PROPERTY OWNERS THEY WILL HAVE LANDOWNERS ELECTIONS EVERY TWO YEARS. SO THEY'RE THE ONES THAT ARE GOING TO BE VOTING FOR THE BOARD OF SUPERVISORS WHEN THE RESIDENTIAL PART IS BUILT. 
          AND THAT'S WHAT WE'RE TALKING ABOUT. THAT'S GOING TO BE LEFT. AND THAT'S BASICALLY ALREADY STARTING TO A CERTAIN EXTENT, WE'RE GETTING READY TO MOVE FORWARD FROM THE KIDS PERSPECTIVE WITH THE ISSUANCE OF BONDS. WE STARTED THAT PROCESS ALREADY. ONCE THOSE HOMES ARE BUILT, PEOPLE MOVE IN AND WE GET TO 250 REGISTERED VOTERS. NOW WE TRANSITION TO A GENERAL ELECTION. SO ONCE ONCE WE GET PEOPLE IN THOSE HOMES, THEN WE WILL HAVE THOSE GENERAL ELECTIONS. AND THEN THE PEOPLE THAT WILL BE ON THE BOARD OF SUPERVISORS WILL BE THE PEOPLE THAT LIVE THERE. OKAY. ALL RIGHT. I GOT GENERAL QUESTION. SO. SURE. SO CBD VERSUS YOU MENTIONED THE HOA, IS IT DO THEY COEXIST OR IS IT THEY CAN COEXIST AND AND THEY DO IN MANY PLACES. YOU HAD EARLIER THE CITY MANAGER, CITY OF SATELLITE BEACH, WE ACTUALLY REPRESENT ONE OF THE SEEDS THAT IS IN THE CITY OF SATELLITE BEACH. AND THERE IS AN HOA AND THERE'S ALSO A SEED, THE SEED THAT IS THERE ACTUALLY OWNS THE CONTROLS. MOST OF THE PUBLIC INFRASTRUCTURE AND INCLUDING THE CLUBHOUSE. CAN IT BE FROM AN HOA PERSPECTIVE? YES IT CAN. 
          THERE ARE PLUSES AND MINUSES FOR FOR ONE WAY OR ANOTHER. AND IT REALLY DEPENDS ON HOW THE DEVELOPER IS GOING TO DEVELOP THAT COMMUNITY. AND IN FACT, YOU'RE THE ONES WHO MAKE THAT DECISION. OKAY. ALL RIGHT. COOL. ANY OTHER ANY OTHER QUESTIONS, MAYOR, I HAVE ONE IF IF YOU'LL PERMIT. NO, ABSOLUTELY. SO THERE WAS A THERE WAS A QUESTION PREVIOUSLY ABOUT CONCERNS ABOUT THE CONTRACTION AND AND TO THE NEW BOUNDARIES FROM HAVING REVIEWED MANY OF THE PHASES OF THE OF THE PROPOSED RESIDENTIAL DEVELOPMENT AND OTHER FUTURE 
          [01:40:04]
DEVELOPMENTS. IT'S IT'S MY UNDERSTANDING THERE'S STILL POTENTIALLY A OPPORTUNITY FOR DEVELOPMENT THAT'S NOW PROPOSED TO BE OUTSIDE OF THE CBD, TO STILL HAVE SOME INTERACTION WITH CBD PROPERTY AND IMPROVEMENTS SUCH AS ROADWAYS AND STORMWATER. HAS THAT BEEN SORT OF RESOLVED FOR THOSE FOR THOSE DEVELOPMENTS THAT ARE NOW BEING PROPOSED OUTSIDE OF THE CBD TO STILL INTERACT WITH THE CBD? IN THAT REGARD, NOTHING HAS BEEN PUT IN FRONT OF THE CBD ITSELF AND THE BOARD OF SUPERVISORS AS TO ANY AGREEMENT IN WHICH THE CBD WOULD BE PROVIDING ANY OF THOSE PUBLIC IMPROVEMENTS OR ANY OF THE PUBLIC SERVICES TO DATE. OKAY. 
          AND I GUESS THAT'S WHERE BECAUSE SOME OF THE THE CBD MAY HAVE A MAINTENANCE OBLIGATION, BUT MAY NOT OWN AND CONTROL THE INFRASTRUCTURE ITSELF. AND THAT MAY BE THE DISTINCTION. CORRECT. 
          FAIR ENOUGH. CORRECT. ANY MORE? GOOD. LAST QUESTION. SO THE LAND THAT WAS RELEASED THAT'S BEING RELEASED BY THE CBD, WHAT'S WHAT'S THE DISPOSITION OF THAT PARTICULAR PROPERTY NOW THAT IT'S BEING CONTRACTED? WELL, THERE'S THERE'S A FEW PARTS YOU ACTUALLY OWN A LITTLE SLIVER. AND WHEN I MEAN SLIVER, I MEAN SLIVER, THAT'S THAT'S YOU THE CITY. SO YOU'RE GOING TO DO WHATEVER YOU WANT AS TO A PORTION THAT IS, I BELIEVE I'M HORRIBLE WITH DIRECTIONS. 
          THAT'S WHY I NEED AN ENGINEER. BUT I BELIEVE IT'S THE NORTHEAST CORNER AREA. THAT IS THE WHAT'S THAT CALLED? ASSISTED LIVING FACILITY. SO THAT THEY'VE ASKED TO BE REMOVED. IN FACT, THEY'VE BEEN TRYING TO GET THIS FOR ABOUT FIVE YEARS. THE OTHER PORTION THAT'S KIND OF IN BETWEEN THAT IS SOUTHERN HOMES. MY UNDERSTANDING FROM THEM IT'S GOING TO BE COMMERCIAL. OKAY, OKAY. I WANT TO ASK HER IF SHE WANTS TO KNOW I WAS GOING TO MAKE A MOTION. IF YOU WANT TO ASK HER IF SHE WANTS TO BUY THE SLIVER FROM US. THERE YOU GO. 
          YEAH, WELL, SINCE WE'RE BOTH GOVERNMENTAL ENTITIES, YOU CAN DONATE IT TO THE C, D, D, AND THE C, D, D CAN PROVIDE PUBLIC INFRASTRUCTURE. NO, I THINK I THINK YOU WANT TO KEEP THAT. 
          YEAH. SO I'VE BEEN TOLD I WAS ASKING IF HE WAS GOING TO ASK UNDER THE BUS. RIGHT. I KNOW RIGHT. ALL RIGHT. SO GOOD. QUICK QUESTION. YOU SAID PARTIAL PARTIAL PARTIAL OF THIS IS GOING TO BECOME YOU BELIEVE COMMERCIAL THAT I CAN'T TELL YOU EXACTLY. NO. BUT LET'S ASSUME. YEAH. OKAY. LET'S ASSUME IT'S GOING TO BE COMMERCIAL. CINDY. IF IT BECOMES COMMERCIAL, DO WE HAVE TO DO THIS ALL OVER AGAIN FOR THE CBD IN ORDER FOR THEM TO TACK ON THE CBD TAX TO THE CBD IS TOTALLY ASIDE FROM ZONING AND DEVELOPMENT REGULATIONS AND ALL OF THAT, RIGHT. OKAY. CORRECT. OKAY. THANK YOU. ALL RIGHT. THANK YOU. THANK YOU. 
          MAYOR. MAYOR, I'D LIKE TO MAKE A MOTION FOR THE APPROVAL OF ORDINANCE NUMBER 2026-22, BASED UPON THE FINDINGS CONTAINED IN THE PLANNING AND ZONING BOARD MEMORANDUM. SECOND, WE HAVE A MOTION SECOND BY MR. SMITH. YES, I GOT ONE. ALL THOSE IN FAVOR, SAY AYE. AYE. OPPOSED, I VOTE AYE, AND THE MOTION PASSES UNANIMOUSLY. THANK YOU FOR YOUR TIME, MA'AM. THANK YOU. OKAY. 
          [14. Ordinance No. 2026-23, Modifications to Affordable Housing Development: (First Reading/Public Hearing) An ordinance amending City Code, Appendix B, Article V, Section 4, Affordable Housing Development, to be consistent with the definition of affordable housing and application of such to Live Local Act projects as defined within Florida Statutes. (P&Z Board 4/16/2026)]
MOVING ON TO ITEM NUMBER 14 IS. WHICH IS GOING TO BE FOR THE 2020 623 MR. CONNELLY THANK YOU, MAYOR. AN ORDINANCE OF THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA RELATING TO AFFORDABLE HOUSING DEVELOPMENT, MAKING FINDINGS, AMENDING APPENDIX B OF THE CITY CODE ENTITLED ZONING AMENDING ARTICLE FIVE DISTRICT REGULATIONS, PROVIDING FOR SEVERABILITY INTERPRETATION, PROVIDING AN EFFECTIVE DATE, AND PROVIDING AN ADOPTION SCHEDULE. THANK YOU. REPORT ON THIS, MR. DITTMER. YES. SO THIS IS THE FIRST READING OF AN ORDINANCE AMENDING CITY CODE, APPENDIX B, ARTICLE FIVE, SECTION FOUR, WHICH IS OUR AFFORDABLE HOUSING DEVELOPMENT SECTION OF CODE SO THAT IT IS CONSISTENT WITH THE DEFINITION OF AFFORDABLE HOUSING AND THE APPLICATION OF THE DEFINITION AS IT RELATES TO LOCAL ACT PROJECTS, AS DEFINED WITHIN FLORIDA STATUTES. DURING THE CREATION OF THE AFFORDABLE HOUSING DEVELOPMENT SECTION BACK IN 2023, STAFF HAD ADDED IN A COMPLIANCE AND MONITORING SECTION OF CODE THAT SET BASICALLY RENT LIMITATIONS WITHIN THE VARIOUS HOUSEHOLD INCOME LEVELS. SO OUR LOW INCOME 80% BELOW MODERATE INCOME, 80%, 120% LEVELS WERE SET OUT WITHIN CODE. AND THEN ADDITIONALLY, WE ADDED LANGUAGE, PARTICULARLY FOR THE MODERATE LEVEL 80 TO 120% OF THE MEDIAN HOUSEHOLD INCOME WE HAD ADDED IN THAT IT MAY NOT EXCEED 30% OF THEIR THAT HOUSEHOLD INCOME, SPECIFICALLY IN AN INDIVIDUAL CASE. AND AGAIN, THAT WAS SPECIFIC TO THE MODERATE INCOME LEVEL. WE ARE SEEING THAT OUR MODERATE INCOME RENTS ARE VERY MUCH IN OUR COUNTY, NOT EVERY 
          [01:45:07]
COUNTY IN THE STATE, BUT THEY THEY'RE ESSENTIALLY EQUIVALENT TO WHAT MARKET RATE RENTS ARE. 
          AND SO WE DID A MULTIPLE THINGS WITHIN OUR AFFORDABLE HOUSING INCENTIVES TO NOT GIVE SOME OF THOSE BENEFITS TO MODERATE INCOME HOUSEHOLDS. AND IN THIS CASE, IT WAS MAKING IT MORE STRICT FOR THAT MODERATE INCOME LEVEL, AS WE RECENTLY REVIEWED CITY CODE, AS WE DEFINE AFFORDABLE HOUSING, REVIEWED FLORIDA STATUTES, THEIR DEFINITION, WE'VE DETERMINED THAT TO CONTINUE TO BE EXACTLY CONSISTENT WITH FLORIDA STATUTE. WE NEED TO REMOVE THAT LANGUAGE. 
          I THINK I ACTUALLY WROTE UP ON A SLIDE. IF IT'S EASIER FOR YOU TO SEE THAT, BASICALLY, THEN WE'LL EXCLUDE THAT LAST PORTION OF THE 30% CAP. SO, SO ESSENTIALLY WHAT WE'RE ALLOWING IS YOU COULD YOUR HOUSEHOLD INCOME INCOME COULD BE 110%, BUT YOU'LL PAY THE MAXIMUM AT 120% RENT DETERMINATION. SO DEFINITELY, YOU KNOW, ONCE WE LOOKED AT THIS, THAT MODIFICATION IS NECESSARY. WE DON'T WANT TO GET SIDEWAYS WITH ANY THOUGHTS THAT WERE PERFORMING ANY TYPE OF RENT CONTROL THAT WERE NOT PERMITTED TO DO SO. THE PLANNING AND ZONING BOARD REVIEWED THE ORDINANCE, AND STAFF WOULD RECOMMEND APPROVAL ORDINANCE NUMBER 2026-23. BASED ON THE FINDINGS CONTAINED IN THE PLANNING AND ZONING BOARD MEMORANDUM. THANK YOU. ANY QUESTIONS FOR MR. DITTMAR? NOT SO MUCH A QUESTION, BUT JUST MORE OF A COMPLIMENT, BECAUSE I TALKED TO HER AND ADAM. YEAH, YESTERDAY, YESTERDAY AFTERNOON, AND THE AMOUNT OF WORK THAT THEY PUT IN TO KEEP US UP TO DATE WITH ALL THESE IS JUST ABSOLUTELY IMPRESSIVE AND AMAZING. SO THANK YOU GUYS, BOTH FOR THE WORK THAT YOU'RE DOING THERE. YOU GUYS JUST DESERVE A LOT OF CREDIT FOR THAT. AND I WANT TO MAKE SURE THAT EVERYBODY KNOWS. THANK YOU. YEAH. AND I ACTUALLY I WILL I WILL AGREE WITH YOU ON THAT. SO THE PUBLIC HEARING THE SIGN UP SHEETS. NOPE. NO SIGN UP SHEET. CLOSE THE PUBLIC HEARING. BRING IT BACK TO COUNCIL MAYOR. GO AHEAD. MOTION FOR THE APPROVAL OF ORDINANCE NUMBER 2026-23. 
          BASED UPON THE FINDINGS CONTAINED IN THE PLANNING AND ZONING BOARD MEMORANDUM. SECOND. 
          MOTION AND SECOND BY MR. SMITH. ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? I VOTE AYE. 
          [15. Discussion on the City's enhanced Code Enforcement process. (Postponed - 4/14/2026, 4/28/2026)]
MOTION PASSES. SO MOVING ON TO ITEM NUMBER 15. REPORTING ON THIS IS OKAY. HOW YOU DOING, SIR? GOOD. HOW ARE YOU? GOOD EVENING, MAYOR AND COUNCIL MEMBERS. THANKS FOR THE INVITE. 
          BEFORE I START, I WANT TO SAY THAT I TOOK A POLL TODAY AND CODE ENFORCEMENT HAS 100% APPROVAL RATING. IS THAT LIKE FAMILY FEUD? GLAD TO BE HERE TODAY TO TALK ABOUT CODE ENFORCEMENT. I WANT TO START WITH OUR CUSTOMARY ENFORCEMENT PROCESS AND THEN GO INTO ENHANCED ENFORCEMENT, WHICH IS REALLY WHY I WANT TO BE HERE TO PRESENT THIS TO YOU TODAY. BUT I'M GOING TO START WITH OUR CUSTOMARY ENFORCEMENT THAT WE TYPICALLY USE THE RESOLVE CODE ENFORCEMENT CASES. WE USUALLY UTILIZE A REPRESENTATIVE TYPE ENFORCEMENT, WHICH INCLUDES COMPLAINTS RECEIVED AND THEN SOME LIMITED PROACTIVE TYPE ENFORCEMENT. AND THAT PROACTIVE ENFORCEMENT IS LIMITED TO THINGS LIKE IMMINENT HEALTH SAFETY, LIKE AN UNSECURED POOL OR EXTREME SIGNIFICANT OBSERVED VIOLATIONS. AS WE'RE GOING THROUGH OUR DAY, FOR EXAMPLE, IF AN OFFICER IS GOING TO A BOAT IN A DRIVEWAY COMPLAINT AND ACROSS THE STREET, THE HOUSE IS FALLING IN, WE'LL TAKE PROACTIVE ENFORCEMENT ON SOMETHING LIKE THAT, BUT WE'RE NOT GENERALLY GOING AROUND LOOKING FOR THINGS TO TO TAKE ACTION ON. WE TAKE ACTION ON SOME KNOWN EXTENSIVE CODE ENFORCEMENT HISTORY. WE HAVE A IF WE HAVE A PROPERTY THAT EVERY MONTH WE'RE GETTING A COMPLAINT ON, WE'RE NOT GOING TO MAKE THE COMPLAINANT CONTINUE TO COMPLAIN TO US. WE'RE GOING TO MONITOR THAT PROPERTY AND TAKE ACTION ON THAT. WE'RE WE'RE PROACTIVE ON SNIPE SIGNS. AND YOU'LL SEE IN YOUR PACKET THERE WE COLLECT A LOT OF SIGNS THROUGHOUT THE YEAR. POINT TO THAT REAL QUICK HERE. WELL, I'LL GET TO THAT LATER. BUT WE GO THROUGH A PICKING UP A LOT OF SIGNS THROUGHOUT THE YEAR. AND THAT'S A PROACTIVE THING. AND THEN GRAFFITI, BECAUSE OF THE VISUAL EFFECTS THROUGH OUR THROUGHOUT THE CITY. PROACTIVE ENFORCEMENT COMES UP A LOT AS, WHY DON'T WE DO THAT? IT'S NOT REALLY PRACTICAL FOR THIS JURISDICTION. AND PROBABLY FOR MOST JURISDICTIONS, IT, IT DRAINS 
          [01:50:02]
THE CITY'S RESOURCES. YOU'D HAVE TO HAVE WAY MORE OFFICERS TO DO THAT KIND OF THING. OH. 
          THERE WE GO. THERE'S ALSO THE PUBLIC PERCEPTION. YOU DON'T WANT CODE ENFORCEMENT OFFICERS OUT THERE GETTING EVERY CODE VIOLATION THERE IS OUT THERE, AND HAVING THAT POOR PUBLIC PERCEPTION PERCEPTION THAT GOVERNMENT IS OUT TO GET THEM. SO THE BEST APPROACH IS WHAT WE'RE DOING RIGHT NOW IS SOME WE RESPOND TO COMPLAINTS AND WE HAVE LIMITED PROACTIVE ENFORCEMENT ON CERTAIN ITEMS THAT WE. WE LIST. AND EACH INSPECTOR KNOWS WHAT THOSE ITEMS ARE. THE FIRST THING WE DO WHEN WE'RE DOING THESE ENFORCEMENT IS WE RECEIVE A COMPLAINT. AND THAT COMPLAINT CAN'T BE ANONYMOUS. THAT'S A. NOW STATE STATUTE. A COUPLE OF YEARS AGO, THE STATE DECIDED NO MORE ANONYMOUS COMPLAINTS. SO EVERY COMPLAINT MUST COMPLAINANT MUST LEAVE THEIR INFORMATION. A LOT OF PEOPLE ARE NOT FANS OF THAT. HOWEVER, AS WE'VE EXPLAINED TO THEM, THAT CAME DOWN FROM THE STATE. AND SO WE BASICALLY, AGAIN, DON'T LOOK FOR STUFF AND WE HAVE TO RELY ON THE COMMUNITY TO BRING IT TO OUR ATTENTION. 
          AND THEY HAVE TO BE NAMED. THE NEXT STEP IS THE INVESTIGATION. SOME CASES ARE SIMPLE AND DON'T TAKE MUCH TIME, AND SOME ARE COMPLEX. WE HAVE CERTAIN PROPERTIES. THEY HAVE A LOT OF ZONING OR ENGINEERING COMPONENTS TO THEM, AND WE HAVE TO RELY ON OTHER CITY DEPARTMENTS TO, IF I NOT CHANGE IT, MY FAULT OR SOMEONE CHANGING IT FOR ME. OKAY. THANK YOU, THANK YOU JUSTICE. SO AN INVESTIGATION CAN BE SHORT, BUT THERE ARE A LOT OF CASES OUT THERE THAT HAVE A COMPLEX COMPONENT THAT TAKES THEM LONGER. AND DEPENDING ON THE COOPERATION LEVEL OF YOUR RESPONDENTS, IT MIGHT EVEN TAKE LONGER. EVERY CASE REQUIRES A NOTIFICATION PROCESS AND DUE PROCESS TO MAKE SURE THAT THE PROPERTY OWNERS KNOW THAT THE CITY IS TAKING ACTION AGAINST THEM, THEY HAVE TO KNOW WHAT THAT ACTION IS, WHY WE ARE CITING THEM, WHAT THE CODE IS, AND BE SPECIFIC AS TO WHAT THEY NEED TO DO TO COMPLY. AND SOMETIMES WE DO ABATEMENTS, BUT THOSE ARE LIMITED TO PROPERTIES THAT HAVE BEEN ABANDONED, NOT PROPERTIES THAT HAVE INTERESTED OWNERS. SO YOU SOMETIMES RUN INTO A PROPERTY THAT HAS A LOT OF OVERGROWTH, AND NOBODY HAS ANYTHING TO DO WITH THAT PROPERTY FOR WHATEVER REASON. 
          AND THE CITY WILL GO IN AND DO A SIMPLE ABATEMENT AND THEN DO AN ASSESSMENT ON THE PROPERTY LATER THAT THAT'S A DIFFERENT CODE ENFORCEMENT PROCESS THAN THE CODE BOARD. NOTWITHSTANDING THE OCCASIONAL CALLS RECEIVED FROM DISCOURAGED CITIZENS, THE CUSTOMARY CODE ENFORCEMENT PROCESS IS GENERALLY SUCCESSFUL. INITIAL ACTION CAN RANGE FROM UNFOUNDED TO COURTESY. WE JUST GAVE YOU A VERBAL OR IT MIGHT BE REFERRED TO ANOTHER AGENCY BECAUSE IT'S NOT US. IT COULD BE A COURTESY. IT COULD BE A NOTICE, A SIMPLE NOTICE. BUT 95% OF OUR CASES RECEIVED EVERY YEAR ARE SUCCESSFULLY RESOLVED THROUGH THE SIMPLE PROCESS UP TO A NOTICE. AND ABOUT 2% ARE FROM THOSE ABATEMENTS THAT I JUST TALKED. ABOUT 3% OF ALL CASES GO TO CODE BOARD, AND GIVEN THE NUMBERS THAT WE RECEIVE EVERY YEAR, IT'S REALLY NOT A LOT. AND THEN 2% OF THOSE CASES END UP COLLECTING FINES. SO OVERALL, WE'RE WE'RE PRETTY SUCCESSFUL IN WHAT WE DO WITH FINES BEING 2% OF TOTAL CASES. UNFORTUNATELY, SOMETIMES LIENS AND FINES DON'T WORK, AND THE CUSTOMARY ENFORCEMENT ACTION IS NOT ENOUGH. AND THAT'S REALLY WHY I'M HERE TODAY TO TRY TO GET YOUR SUPPORT ON TAKING ADDITIONAL ACTION OUTSIDE THE TYPICAL CODE BOARD PROCESS OR ABATEMENT PROCESS AND. SO WHAT THE CITY'S OTHER OPTIONS ARE, ARE THOSE THAT WE CAN THAT ARE THOSE WHO ARE COMPLETELY UNRESPONSIVE. THE PROPERTY OWNERS, YOU'VE LEANED THEIR PROPERTY, YOU'VE TALKED TO THEM, YOU'VE DONE EVERYTHING YOU CAN TO TRY TO GET THEM INTO COMPLIANCE. AND FOR WHATEVER REASON, THEY JUST DON'T COME TO THE END. AND SO WE NEED THESE 
          [01:55:03]
OTHER OPTIONS INTO IN OUR TOOL BAG TO PUSH IT TO THE FINISH LINE. AND THAT'S GOING TO TAKE SUPPORT FROM COUNCIL, ADDITIONAL RESOURCES FROM CITY, FROM THE CITY ATTORNEY'S OFFICE AND OTHER STAFF TO TRY TO BRING IT TO THAT END. SOME OF THESE LAWFULLY ENHANCED. ENFORCEMENT PROCESSES. JUST TO BE CLEAR, WE'RE NOT TAKING ALL CASES THAT ARE UNRESOLVED TO THIS PROCESS. 
          BUT THE WORST OF THE WORST, RIGHT? THE ONES THAT ARE FALLING IN, THE ONES THAT HAVE SIGNIFICANT DETERIORATION OR ARE VERY A GREAT IMPACT ON THE SURROUNDING AREA, SUCH AS STRUCTURE DETERIORATION, PUBLIC SAFETY CONCERNS, SCRAPPING, AND ESPECIALLY IF THESE AREAS ARE WITHIN THE CITY CORRIDORS LIKE US, ONE OR A ONE OR SOME PORTIONS OF A ONE, A, BUT DEFINITELY A ONE, US ONE AND WICKHAM ROAD, THOSE BUSINESS CORRIDORS WHERE YOU HAVE A PROPERTY THAT IS GOT SIGNIFICANT CODE VIOLATIONS, THAT AFFECTS THE ECONOMIC STANDING OF, OF THE CITY, AND YOU WANT TO CLEAN THAT UP SO THAT MORE BUSINESSES WILL BE WILLING TO COME IN AND DEVELOP THOSE AREAS FOR MORE ENHANCED SERVICES TO THE COMMUNITY. 
          AGAIN, WE STILL HAVE TO MEET THOSE DUE PROCESS REQUIREMENTS, AS IN ANY CASE. BUT WE MAY NEED TO DO SOME UPDATES IN OUR ADMINISTRATIVE PROCESS AND CODES, WHICH IS GOING TO INVOLVE YOU. ALL PART OF THOSE CODES MAY BE UPDATING THE VEHICLE TOWING CODE AND ALSO INCLUDE ADMINISTRATIVE PROCESS, AND THAT WE HAVE PROPERTIES THAT HAVE VEHICLES. GO TO THE NEXT SLIDE. MARK. OH. SO WE HAVE PROPERTIES WITH SEVERAL VEHICLES ON THE ON THEIR LOCATION THAT DO NOT OPERATE. BUT RIGHT NOW WE DON'T HAVE THE ADMINISTRATIVE PROCESS OR THE UPDATED CODE TO TOW THEM OFF THEIR. OUR ABATEMENT CODE DOESN'T ALLOW THAT, BUT WE DO HAVE A TOWING CODE THAT NEEDS TO BE UPDATED AND AN ADMINISTRATIVE PROCESS. IT NEEDS TO BE PUT IN PLACE TO ALLOW THAT. SO IN THE MEANTIME, THESE THEY'VE GONE THROUGH THAT CODE ENFORCEMENT PROCESS. THEY'VE BEEN LEANED, BUT THESE VEHICLES ARE STILL SITTING ON THE PROPERTY AND WE CAN'T GET INTO THEM. AND WHEN YOU HAVE VEHICLES SITTING ON THE PROPERTY, WE CAN'T EVEN GET TO THE OTHER VIOLATIONS. YOU CAN'T GET THE GRASS MOWED, YOU CAN'T GET THE JUNK CLEANED UP. YOU CAN'T DO A DEMO. SO SPECIFIC TO THAT ITEM, THIS WAS A THIS WAS A TOPIC THAT CAME UP PROBABLY TWO AND A HALF TO THREE YEARS AGO ON WHETHER OR NOT THE CITY AND CITY CODE ENFORCEMENT SHOULD EVEN TAKE ABATEMENT ACTION TO REMOVE INOPERABLE VEHICLES FROM, FROM PRIVATE PROPERTY AS, AS SORT OF AN ESTHETIC AND, AND CODE ENFORCEMENT ACTION. RIGHT. AND SO OUR TOWING CODE DOES HAVE LANGUAGE TO THIS EFFECT. AND, AND TO. MR. HAROLD'S POINT, RIGHT. IF IF THAT WAS A DIRECTIVE OF, OF COUNCIL TO SAY, YEAH, THAT'S SOMETHING THAT WE SHOULD THAT WE SHOULD START DOING AS A PROGRAM, I WOULD RECOMMEND THAT WE, THAT WE WOULD WANT TO AMPLIFY THAT CODE LANGUAGE BOTH FROM A PROCESS AND NOTICE STANDPOINT, RIGHT TO, TO, TO TELL RELEVANT PROPERTY OWNERS. THIS IS, THIS IS SOMETHING THAT WE'RE ABLE TO DO. AND THEN ALSO BETTER ELABORATE ON WHAT IS THAT UNDERLYING IMPOUND AND STORAGE PROCESS AND, AND ALL OF THAT WORK FROM A, SO THAT EVERYONE'S ON THE SAME PAGE ABOUT, ABOUT WHAT THAT IS AND, AND HOW THAT FUNCTIONS. SO AGAIN, RIGHT, IT WAS THERE, THIS WAS SOMETHING THAT FORMER COUNCIL MEMBER HAD BROUGHT UP SOME SOME YEARS AGO. AND AT THE TIME THERE WASN'T REAL CLEAR CONSENSUS FROM COUNCIL OF LIKE, YEAH, THAT'S A, THAT'S SOMETHING THAT WE SHOULD BE REALLY WORRIED ABOUT. AND SO I THINK AGAIN, RIGHT, TO, TO MARK'S POINT RIGHT THERE, THERE ARE THINGS IN PLACE THAT THAT WE CAN DO. RIGHT. AND, AND TOOLS IN THE TOOL BELT THAT EXIST. WE'RE TRYING TO, WE'RE TRYING TO GIVE COUNCIL AN UNDERSTANDING OF. THERE ARE GOING TO BE CIRCUMSTANCES WHERE WE WANT TO UTILIZE SOME OF THESE OTHER TOOLS. TOOLS IN THE TOOLBOX, MAKE SURE THAT THERE'S AN YOU KNOW, BECAUSE FOR THE 11 PLUS YEARS THAT I'VE BEEN HERE, IT'S FEW AND FAR BETWEEN SITUATIONS WHERE CITY COUNCIL'S AUTHORIZED AND SAID, YES, GO TAKE LEGAL ACTION AGAINST ONE OF OUR CONSTITUENTS AND RESIDENTS. AND SO. YOU KNOW, FOR THESE HANDFUL OF SITUATIONS WHERE THERE ARE PRETTY 
          [02:00:02]
SIGNIFICANT, YOU KNOW, CODE VIOLATIONS AND ISSUES TO ADDRESS, WE WANTED TO GIVE COUNCIL JUST ANOTHER, YOU KNOW, HEY, PLEASE UNDERSTAND THAT SOME OF THESE SITUATIONS EXIST AND WE'RE LIKELY GOING TO TAKE TAKE THESE ACTIONS OR BRING THINGS BACK TO YOU IF YOU GIVE US THE DIRECTION TO, TO SAY, YEAH, LET'S, LET'S TACKLE INOPERABLE VEHICLES ON, ON PRIVATE PROPERTY AND, AND NOT, YOU KNOW, IF, IF STANDARD CODE ENFORCEMENT DOESN'T, DOESN'T RESOLVE THAT THERE'S OTHER ACTION WE CAN TAKE. YOU KNOW, WE'VE HAD RECENT PROPERTY CONDEMNATIONS THAT WE'VE HAD TO DO. WE JUST, WE HAVE A, A POTENTIAL PROPERTY DEMOLITION THAT'S STILL STILL PENDING. RIGHT? BUT THAT'S, THAT'S PROBABLY COMING UP HERE IN THE NEXT WEEK OR SO WHEN THAT TIME FRAME FOR WHEN THE PROPERTY OWNER NEEDS TO TAKE ACTION BEFORE THE CITY IS GOING TO TAKE ACTION TO EFFECTUATE A DEMOLITION OF A PROPERTY THAT'S IN PRETTY SIGNIFICANT DISREPAIR, RIGHT? SO THESE THINGS ARE ALREADY OCCURRING, BUT WE WANT TO TELL YOU WE'RE IDENTIFYING MORE, MORE ISSUES AND MORE PROPERTIES WHERE WE MAY NEED TO TAKE THESE ACTIONS AND WANTED YOU TO BE AWARE OF WHAT THESE TOOLS IN THE TOOLBOX ARE AND WHAT THESE PROCESSES LOOK LIKE. SOME OF THESE ACTIONS MIGHT REQUIRE SUPPORT FROM COUNCIL OUTSIDE CODE CHANGES OR ADMINISTRATIVE PROCESS, WHICH MAY INCLUDE, IF YOU RECALL, GARFIELD AND SHERWOOD AND OLD, OLD, OLD OAK WAS A WAS ONE YOU MIGHT HAVE TO GO THROUGH AN INJUNCTION, ESPECIALLY IF IT'S A HOMESTEADED PROPERTY THAT'S GONE THROUGH THE TYPICAL PROCESS. AND THEY'RE NOT BEING YOU CAN'T JUST FORECLOSE ON THEM. YOU JUST CAN'T GO ON THEIR PROPERTY AND TAKE CARE OF THE VIOLATION. YOU GOT TO GO TO THE NEXT LEVEL. THAT'S COURT. 
          CIRCUIT COURT IS GOING TO BE THE WAY TO GO AS A JUNCTION. THERE'S PROPERTIES OUT THERE THAT ARE COMMERCIAL PROPERTIES THAT YOU MAY NEED TO DO BOTH AN INJUNCTION AND POSSIBLY A FORECLOSURE ON OUR LIENS TO FORCE SOMETHING TO HAPPEN. SO THESE ARE ALL THINGS YOU'RE GOING TO HAVE TO CONSIDER. AND IT'S GOING TO BE A CASE BY CASE BASIS. AND AGAIN, WE'RE NOT LOOKING AT EVERY SINGLE CASE, BUT THE WORST OF THE WORST. AND WE HAVE A LIST OF THOSE IN YOUR PACKET. WELL, REAL QUICK I WILL SAY, TORIN, THAT THE SHERWOOD PARK OR THE OLD OAK PROPERTY, SHERWOOD AND GARFIELD. WHATEVER WE CAN DO TO GET THAT DONE EVEN FASTER. AND I KNOW THERE'S A PROCESS, BUT THEN THAT JUST THE CALLS, THE POLICE CALLS AND FIRE CALLS THAT WE RECEIVED TO THESE PROPERTIES, YOU KNOW, I WILL BRING UP OLD OAK. IF YOU LOOK AT OLD OAK, IT IS A NICE PLACE NOW AND COMPARED TO WHAT IT WAS BEFORE. SO I AM ALL FOR, YOU KNOW, HOOK IT AND TOW IT. 
          JUST BE AWARE TO A LOT OF THESE CASES DO NOT HAVE LAW ENFORCEMENT ACTIVITY. THEY'RE JUST CODE VIOLATIONS. SO AND I UNDERSTAND THAT, BUT THEY DO ATTRACT A LOT OF TIMES THEY DO ATTRACT BECAUSE WE WERE GETTING A LOT OF CALLS ON SHERWOOD BOULEVARD. A LOT OF TIMES IT WAS SUSPICIOUS PERSONS. SURE. YOU KNOW, OR PEOPLE WANTED THE POLICE THERE. BUT I, I, I DON'T KNOW IF THERE'S A COUNCIL MEMBER THAT, YOU KNOW, THINKS DIFFERENTLY, BUT I THINK WE WE WANT TO DEFINITELY, YOU KNOW, CLEAN UP PROPERTIES IN THE CITY OF MELBOURNE. IF I DO, I CAN SPEAK FOR MYSELF. I KNOW THIS IS ONE OF THE THINGS THAT I'VE HEARD WHEN YOU GO TO THE PRC MEETINGS THAT WE'RE HAVING ISSUES WITH PEOPLE RENTING OUT THEIR BACKYARDS, WITH PEOPLE LIVING IN THE RV, LIKE AN RV OR THINGS LIKE, LIKE THEY HAVE MULTIPLE RVS IN THEIR. THAT SEEMS TO BE WHEN I WENT TO THE, THE, THE POLICE WITH THE PRC, PRC MEETING THAT THAT SEEMS TO BE A REAL ISSUE WAS BROUGHT UP AT THAT TIME THAT THERE WAS QUITE A FEW PROPERTIES THAT NEIGHBORHOODS WERE LIKE, OH, YEAH. AND THERE WAS SOME THAT HAD CAUSED FIRES DOWN. AND IS THAT A BIG ISSUE RIGHT NOW? WE DO GET SOME OF THOSE TYPE OF COMPLAINTS. THERE WAS ONE RECENTLY WHERE AN RV CAUGHT ON FIRE, I DON'T KNOW THE SPECIFICS OF IT, BUT IT'S NOT UNCOMMON FOR US TO GET COMPLAINTS LIKE THAT. AGAIN, WE RELY ON THE COMMUNITY TO TURN IN THOSE COMPLAINTS OR WE DON'T KNOW ABOUT THEM, ESPECIALLY IF IT'S GOING ON IN SOMEONE'S BACKYARD. WE COULD DRIVE BY IT ALL DAY LONG AND NOT HAVE A CLUE. SO IF YOU'RE RECEIVING INFORMATION ON THAT, ENCOURAGE THEM TO CONTACT US AND TURN IT IN. OLDER PEOPLE THAT ARE AFRAID. YES, THAT'S THE BIG THAT'S THE BIG ISSUE. YEAH, THAT THAT SEEMS TO BE I'M SURE A LOT OF THE COUNCIL MEMBERS HAVE GOTTEN FROM A LOT OF OLDER PEOPLE AND GOING, WHAT CAN I DO? I'M AFRAID TO PUT MY NAME DOWN. I CAN MAKE A SUGGESTION. MAYOR, I KNOW IS THAT YOU PUT YOUR OWN 
          [02:05:03]
NAME ON IT. I KNOW I DO. WE DO. YEAH, WE WE ALL DO. BUT A LOT OF THEM DON'T KNOW TO CALL US TO DO. THEY'RE JUST AFRAID THAT WE'RE GOING TO DO THINGS LIKE PUT THEIR NAME DOWN THERE OR SOMETHING LIKE THAT. RIGHT. BUT REAL QUICK. WELL, NO, I CAN WAIT UNTIL YOU GUYS ARE DONE WITH YOUR DISCUSSION. GOOD. NO. GOOD, GOOD. SO I GOT QUESTION. SO HOW MANY OF THESE PROPERTIES DO ARE OUT OF STATE OWNERS OR ARE THERE. THERE'S THERE'S PROBABLY HALF AND HALF. SOME OF THESE ACTUALLY ARE THE ONES WE CAN'T GO AND DO SPECIFIC ABATEMENTS ON. THEY'RE OCCUPIED OCCUPIED. AND THEN WE CERTAINLY HAVE FEW COMMERCIAL PROPERTIES THAT MAY BE OUT OF COUNTY, BUT THERE'S ALWAYS A REPRESENTATIVE FOR THOSE COMMERCIAL PROPERTIES. BUT THEY'RE NOT TAKING PROACTIVE ACTION TO RESOLVE THE ISSUES. AND I CAN GET TO SOME OF THEM IN A SECOND HERE. SOME OF THEM YOU MAY BE COMPLETELY FAMILIAR WITH, LIKE MACK DADDY'S ON NORTH US ONE. RIGHT UP HERE. THIS PARTICULAR OWNER OWNS ALL FOUR OF THOSE LOTS, AND ALL FOUR OF THEM HAVE CODE VIOLATIONS WITH FINES. AND THESE ARE NOT THE ONLY PROPERTIES THAT HE OWNS. AND NONE OF THEM HAVE COME INTO COMPLIANCE EXCEPT FOR ONE, WHICH RESULTED IN SOMEONE ELSE TAKING OWNERSHIP. AND EVEN THAT HAD SOME ISSUES. SO THIS SLIDE SHOWS THE AERIALS, BUT THE NEXT SLIDE WILL ALSO SHOWS MORE CLOSE UP OF HOW BAD IT IS. THIS IS THE BACK OF BAGHDAD IS THE OLD DIVE SHOP AND MACK DADDY'S AREA. AND THAT HAS GOTTEN WORSE OVER THE YEARS. WE'VE ACTUALLY RECENTLY TOOK THIS CASE AGAIN TO CODE BOARD TO ESTABLISH MORE FINES, TO TRY TO ENCOURAGE IT. 
          BUT SOME KIND OF COMPLIANCE. BUT AGAIN, SINCE I'VE BEEN HERE FOR PROBABLY 14 YEARS NOW, THIS HAS BEEN AN ISSUE AND NEVER RESOLVED. AND THE ONLY WAY TO DO SOMETHING WITH THIS ONE IS A FORECLOSURE AND AN INJUNCTION. GOTCHA. YEAH. AND MY, MY FINAL QUESTION. SO FROM THE CITY'S PERSPECTIVE, DO OUTSIDE OF IT BEING IDENTIFIED FROM LINE OF SIGHT, DO WE HAVE ANY WAY THAT THERE'S A DATABASE OR REGISTRY OF, YOU KNOW, RENTAL PROPERTIES, VACANT PROPERTIES OR PROPERTIES THAT ARE WE HAVE A FORECLOSURE REGISTRY WHERE BANKS OR PROPERTIES THAT HAVE MORTGAGES AND HAVE BEEN ABANDONED. AND THERE IS A ACTIVE FORECLOSURE. THEY ARE REQUIRED TO LIST THAT PROPERTY WITH US, AND THEY'RE REQUIRED TO HAVE A, A LOCAL CLEAN UP CREW TO KEEP THE EXTERIOR AREAS CLEAN. NO, JUST KEEP THE THE LAND MODE. IT COULD BE A BOARD UP, BUT THEY DON'T HAVE TO GO IN AND DO A COMPLETE REPAIR. MOST OF THOSE KIND OF CASES ARE RESOLVED. 
          WE'RE NOT TALKING ABOUT THOSE KIND OF CASES HERE. AND I WANT TO ADD TO THAT IS WHEN WE DO HAVE A CASE, OUR STAFF IS VERY CAPABLE OF DOING THE PROPERTY RESEARCH. WE HAVE OUR DIFFERENT THE DIFFERENT SITES WE GO TO, TO TRACK DOWN THE OWNERS AND GET IN TOUCH WITH THE PROPERTY OWNERS AND FIND A GOOD CONTACT INFORMATION WITH THEM. IF THERE'S AN ABANDONED PROPERTY OR WE THINK IT'S ABANDONED, WE'LL START LOOKING FOR IF THERE'S A FORECLOSURE, WE'LL LOOK FOR. IF THERE'S A MORTGAGE, WE'LL LOOK FOR ALL THAT INFORMATION TO TRY TO GET CONTACT WITH PEOPLE. THE PROPERTIES WE'RE TALKING ABOUT HERE TODAY IS ALL GONE THROUGH THAT HISTORY CHECK, ALL GONE THROUGH THAT PROCESS, ALL GONE THROUGH CODE AND BOARD, ALL GONE THROUGH LIENS AND FINES. AND WE STILL ARE NOT GETTING ANY ACTION. WE NEED TO GO TO THE NEXT LEVEL THAT'S OUTSIDE THE SCOPE OF MY AUTHORITY. MY AUTHORITY IS CODE BOARD AND LIENS, AND IT STOPS THERE. I NEED SUPPORT FROM OTHER CITY STAFF AND DEPARTMENTS AND THE COUNCIL TO GO TO THE NEXT LEVEL, WHICH BE POSSIBLY INJUNCTIONS, FORECLOSURES, PROBABLY INCREASED BUDGET FOR FORTUNATELY, MORE DEMOS AND MORE ABATEMENTS. CAN WE GO THROUGH A COUPLE OF THE OTHER SIGNIFICANT CASES JUST TO SHOW THE THAT WHAT WHAT IS GOING ON ON SOME OF THESE PROPERTIES AND ALL OF THESE PROPERTIES WERE SHOWING HAVE GONE THROUGH THE THE CODE PROCESS. THEY'VE GONE THROUGH THE STEPS. AND THAT'S WHY WE'RE HERE TONIGHT IS TO SEE IF WE HAVE COUNCIL SUPPORT TO DO MORE ENHANCED. I'LL SAY, ENHANCED ENFORCEMENT, BUT TO TAKE THOSE ADDITIONAL STEPS WHEN THEY'VE GONE THROUGH THE PROCESS, WE'VE EXHAUSTED. WE'RE NOT LOOKING TO JUMP IN FOR THIS MORE AGGRESSIVE APPROACH ON DAY ONE. IT NEEDS TO GO THROUGH ITS PROCESS. WE NEED TO MAKE SURE WE'VE MADE EVERY STEP TO MAKE IT HAPPEN. UNLESS THERE IS AN IMMINENT HEALTH AND SAFETY ISSUE. IS THERE ANY ANY. GO AHEAD. I JUST WHAT IS THE COUNT? DO WE KNOW WHAT THE COUNTY DOES, WHAT THEIR PROCESS IS? IT'S GOING TO BE SIMILAR TO WHAT WE 
          [02:10:06]
DO. THE. AND I'VE WORKED FOR WHAT WE CURRENTLY DO. YES, THE COUNTY. I USED TO WORK FOR THE COUNTY PRIOR TO COMING TO THE CITY. IT'S THE SAME PROCESS, THEIR THEIR THEIR BIBLE, SO TO SPEAK, FOR CODE ENFORCEMENT IS STATE STATUTE CHAPTER 162. THEIR PROCESS IS THE SAME AS OURS. THEY HAVE A MAGISTRATE. WE HAVE A CODE BOARD. THEY DO THE SAME THING AS US. THEIR CODES MIGHT BE A LITTLE DIFFERENT. MOSTLY THEY'RE SIMILAR, BUT IF THEY WANT TO TAKE THAT EXTRA STEP FOR INJUNCTIONS OR, OR, OR FORECLOSURES OR ABATEMENTS. 
          THEY'RE GOING TO HAVE TO DO. WHAT WE'RE DOING HERE TODAY IS GET SUPPORT FROM FROM LEADERSHIP COUNCIL TO GO THAT EXTRA STEP. OKAY. AND I HAVE A QUESTION ABOUT ON SLIDE 11 FOR THE ENHANCED ENFORCEMENT ACTIONS FOR THE FORECLOSURES, IT SAYS THE CITY OWNERSHIP OF PROPERTY MAY RESULT IN REALLOCATION TO LOW INCOME HOUSING. CAN YOU EXPLAIN THAT A LITTLE MORE? OH, I CAN I CAN DO THAT. SO. A FORECLOSURE ACTION, IF THE CITY HAS A LIEN. RIGHT. 
          AND WE CAN SEEK TO FORECLOSE, FORECLOSE ON THAT LIEN, ALL THAT DOES IS POTENTIALLY FORCE THE SALE OF THE PROPERTY, RIGHT? IT DOESN'T AUTOMATICALLY MEAN THAT THE CITY WOULD TAKE OWNERSHIP. BUT GENERALLY, WHEN A LEANER INITIATES A FORECLOSURE ACTION, THEY'RE GOING TO PUT IN A BID BASICALLY TO THE LEVEL OF THEIR LIEN INTEREST. RIGHT. AND SO THERE'S, THERE'S THEORETICALLY AN OPPORTUNITY IF NO ONE ELSE, IF, IF A PROPERTY IS IN SUCH DISTRESS THAT IT DOESN'T REALLY HAVE ANY OTHER MARKET VALUE, NO ONE ELSE IS INTERESTED IN IT. 
          THEN THERE'S A, THERE'S THEORETICALLY A POTENTIAL FOR THE CITY TO BECOME AN OWNER. 
          RIGHT. I DON'T THINK THAT'S THE THAT'S NOT THE PRIMARY GOAL AND PURPOSE, RIGHT. THE PRIMARY GOAL AND PURPOSE IS TO EITHER FORCE THE EXISTING PROPERTY OWNER TO TAKE ACTION, TO BRING THE PROPERTY INTO COMPLIANCE WITH CODE. RIGHT? ALL ALL OF THIS IS SEEKING COMPLIANCE WITH CODE, RIGHT? THESE AREN'T REVENUE GENERATING IDEAS. THESE AREN'T, YOU KNOW, PROPERTY MANAGEMENT. YOU KNOW, WE WANT TO OWN A BUNCH OF PROPERTIES IDEAS, RIGHT? THE GOAL IS COMPLIANCE WITH CODE TO MEET THE PUBLIC SAFE, HEALTHY WELFARE ESTHETICS GOALS OF OF THE CITY AS SET AS SET FORTH IN CODE. SO THIS IS REALLY FOR JUST THE WORST OF THE WORST CASES. THE OWNER IS JUST NOT RESPONDING. IT'S NOT BECAUSE I JUST WANT TO MAKE SURE THAT LIKE, I'M NOT A HUGE FAN OF GOVERNMENT OVERREACH. NO. AND THAT'S, YOU KNOW, I WANT TO MAKE SURE WE'RE NOT GOING TO TARGET THE, THE, BECAUSE I SEE THAT IT'S LIKE THE INOPERABLE VEHICLES, SOME, SOME VEHICLES ARE INOPERABLE BECAUSE OF ONE PART THAT'S ON BACK ORDER. SO WE'RE NOT GOING TO BE TARGETING SOMEBODY WHO'S JUST WAITING TO. JUST TO BE CLEAR, WE'RE NOT GOING AFTER THAT KIND OF CASE, OKAY? WE'RE THE KIND OF CASES WE'RE LOOKING AT IS THEY GOT PROBABLY TEN JUNK VEHICLES ON THERE. THEY HAVEN'T MOVED IN TEN YEARS, AND WE CAN'T GET TO THE REST OF THE VIOLATIONS BECAUSE WE'RE NOT ALLOWED TO TOW THEM YET. SO THERE'S OVERGROWTH, THERE'S JUNK, THERE'S JUNK VEHICLES, THERE'S A DILAPIDATED HOUSE. IT'S NOT JUST ONE ITEM. TYPICALLY, IT'S LIKE 14 SHOWS, SOME LIKE WHERE IT'S GOT A BUNCH OF VANS AND CARS, RIGHT? OR, OR IMAGINE WE'VE RUN IN, WE'VE RUN INTO PROPERTIES WHERE INOPERABLE VEHICLES HAVE BEEN PURPOSEFULLY PLACED ON AREAS OF THE PRIVATE PROPERTY TO COVER COVER UP THE WATER METER FROM BEING LOCKED OR REMOVED. RIGHT. AND THEN IT IMPACTS. WELL, I, I, I'M, I'M, I'M, I DON'T, I DON'T, I MAY HAVE OVERSTATED EVEN JUST BRINGING IT UP, RIGHT? BECAUSE I DON'T WANT TO GIVE PEOPLE OTHER IDEAS. RIGHT? BUT AGAIN, A SITUATION WE'RE TRYING TO REMEDY THROUGH MAKING SURE THAT THERE ARE ABATEMENT STEPS THAT WE CAN TAKE TO, TO MAKE SURE THAT DOESN'T CONTINUE TO HAPPEN. SO THE ITEMS YOU SEE ARE PART OF YOUR PACKETS, THE LIST OF EGREGIOUS CASES THAT WE'RE LOOKING AT TRYING TO DO SOMETHING WITH. YOU'LL NOTICE THAT NONE OF THEM ARE JUST SIMPLE OVERGROWTH. NONE OF THEM IS JUST A JUNK VEHICLE. IT IS EGREGIOUS ISSUES THAT AFFECT THE AREA SIGNIFICANTLY, LIKE THE ONE ON THE SCREEN RIGHT NOW. 
          YOU CAN LOOK AT THE ROOF IN THAT PROPERTY. YOU CAN LOOK AT THE, YOU KNOW, THE JUNK ON THE SIDE. YOU CAN, YOU KNOW, I MEAN, YOU CAN SEE ALL THE OVERGROWTH. SO THAT ROOF IS FALLING IN. AND IT DIDN'T START OUT THAT WAY WHEN I FIRST GOT HERE AND I DEALT WITH THIS CASE, THE ONLY ISSUE WAS THE CARPORT. AND WE STARTED A CODE CASE THEN. AND IT JUST OVER TIME HAS JUST GOTTEN WORSE BECAUSE THIS PERSON WHO ACTUALLY LIVES AND WE BELIEVE IN ONE OF THOSE VEHICLES JUST DOESN'T DO ANYTHING RIGHT. AND IF YOU WANT TO FLIP THROUGH THE NEXT COUPLE OF SLIDES, LIKE THIS IS ANOTHER ROOF ISSUE, UNSAFE PROCESS, THEN THE NEXT ONE IS WE THINK THEY'RE DOING SCRAPPING ACTIVITY THERE. AND LOOK AT THE JUNK THAT'S RIGHT UP IN NEAR THEIR NEIGHBOR'S HOUSE. SO WITH THIS ONE, WE HAVE A HOMESTEADED PROPERTY. THEY'VE GONE THROUGH 
          [02:15:02]
THE TYPICAL PROCESS. THEY'RE UP TO $30,000 IN CODE ENFORCEMENT FINES. AND THIS IS WHAT THEIR NEIGHBORS HAVE TO SEE EVERY DAY. AND IT AND THEY DON'T STOP. AND THE NEXT ONE IS A SIMILAR ONE WITH THE SCRAPPING ACTIVITY. YEAH, YEAH. THE SCRAPPING HAS GOT TO GO. YEAH. I JUST WANT TO MAKE SURE THAT THERE'S LIKE A LINE THAT WE DON'T CROSS. I DON'T SEE. I MEAN, I THINK IT'S I AGREE WITH YOU. I DO NOT SEE. I MEAN THIS IS IMAGINE IF YOU LIVED NEXT TO THIS. SO THERE'S DEFINITELY ENOUGH CHECKS AND BALANCES AMONGST CITY LEADERSHIP TO PREVENT US FROM GOING AFTER SOME SMALL POTATOES. LET ME GO ONE MORE SLIDE JUST SO WE HAVE WHAT WHAT ELSE CAN BE DONE? OKAY. DID YOU TELL MR. NEWMAN? OH, AND I WAS JUST MORE SO TRYING TO GET IT TO YOUR POINT. LIKE WHEN I LOOK AT LIKE SLIDE 13, WHICH YOU DON'T HAVE TO BRING IT UP NOW, BUT THE FACT OF THE MATTER IS NO ONE SHOULD HAVE TO DO BUSINESS OR LIVE RIGHT NEXT TO SOME OF THESE THINGS THAT WE'RE LOOKING AT. AND SO, YOU KNOW, ON YOUR END, MAYOR, MY OPINION IS I WANT TO DO WHAT, YOU KNOW, WHATEVER WE CAN POSSIBLE TO RELIEVE THE NEIGHBORS AND OUR RESIDENTS WITH THIS. SO WHATEVER, IF YOU'RE LOOKING FOR CONSENSUS, I AT LEAST WANT TO PUT IT OUT THERE THAT YOU'VE GOT MY CONSENSUS ON, ON THAT ONE. WELL, I THINK TOO, I THINK I THINK ANY ISSUE TO IN IT FOR CODE ENFORCEMENT IS THE FACT WHEN THEY, WHEN THERE'S A, YOU KNOW, ABATEMENT AND SOMEONE ENDS UP BUYING IT AND, YOU KNOW, THOSE, THOSE FINES RUN UP IN EXCESS TO WHAT THE PROPERTY'S WORTH, YOU KNOW, I'D LIKE TO TRY TO ALLEVIATE SOME OF THAT PROCESS. AND, YOU KNOW, I WANT WE WANT COMPLIANCE. SO WE DO HAVE A PROCESS IN PLAY FOR TYPICAL CODE ENFORCEMENT CASES WHERE THE FINE IS PAUSED AT A CERTAIN AMOUNT. RIGHT. AND IT'S WE TAKE THE TOTAL VALUE OF THE PROPERTY. WE HAVE A MULTIPLYING FACTOR BASED ON THE SIGNIFICANCE OF THE VIOLATION. AND THEN WE CAP IT AT THAT AMOUNT, OKAY. WHEN IT GETS TO THAT AMOUNT. SO SO WE CAN MOVE FORWARD ON THIS. I MEAN, IS THERE ANYTHING THAT WE THAT WE NEED TO DISCUSS ON THIS? BECAUSE I, I'M PUTTING FULL CONSENSUS AND IT SOUNDS LIKE COUNCIL, YOU HAVE FULL CONSENSUS. IS THERE ANYBODY THAT DISAGREES OR OKAY ON THIS? WELL, WE WILL WORK ON THE PROPOSED CODE CHANGES THAT WE NEED TO AND BRING THOSE BACK FOR FUTURE CONSIDERATION. OKAY. AND I DON'T KNOW IF ADAM WANTS TO SPEAK TO THIS, BUT WHEN WE GO TO THAT STEP OF TAKING CIVIL ACTION, WE DO BRING THAT BACK. YEAH. OUR OUR TRADITIONAL PRACTICE HAS ALWAYS BEEN ON A CASE BY CASE BASIS TO BRING IT BEFORE COUNCIL FOR, FOR APPROVAL. RIGHT. I, I DON'T WANT YOU TO THINK THAT MY OFFICE IS GOING TO GO OUT AND, AND, YOU KNOW, SUE 2020 RESIDENTS, YOU KNOW, ALL, ALL AT ONCE NOW. AND SO, YOU KNOW, AGAIN, MY OFFICE IS STILL HAS LIMITED RESOURCES AND HAS PLENTY OF OTHER PROJECTS THAT THAT COUNCIL'S ASSIGNED AND, AND THINGS THAT ARE GOING ON. SO THIS, THIS WILL BE A ONGOING CONTINUING PROCESS THAT WILL CONTINUE TO TRIAGE AND TRY TO IDENTIFY, YOU KNOW, THOSE WORST OF THE WORST AND, AND START WITH THOSE OR AT LEAST START PLUGGING AWAY AT THOSE. BUT, YOU KNOW, YOU'LL LIKELY SEE FURTHER ACTION AND REQUESTS FOR US TO CONTINUE TO TAKE THESE TYPES OF ACTIONS HERE. SO JUST COME TO US REGARDLESS. YEAH. OKAY. AND AGAIN, RIGHT TO, YOU KNOW, PLEASE, PLEASE UNDERSTAND THAT TARGETING PRIVATE OWNERS, RIGHT? AND SO AGAIN, RIGHT, THAT'S, THAT'S VERY MUCH A, TO MARK'S POINT, THERE'S, THERE'S A SIGNIFICANT VETTING PROCESS ON THE ADMINISTRATIVE SIDE FROM HIS OFFICE, CITY MANAGER'S OFFICE, MY OFFICE. AND THEN WHEN IT COMES TO, YOU KNOW, CIVIL ACTION AND THAT YOU'LL, THEY'LL STILL BE A, AN INFORMATIONAL FROM ME AND A, HEY, I'M IN UNLESS YOU SAY OTHERWISE. I'M GOING TO, I'M GOING TO INITIATE THIS ACTION. SO THERE'LL BE THAT OPPORTUNITY FOR CONTINUED INPUT THERE. THE GOAL IS STILL TO HAVE THEM COMPLY. AND SO IF WE CAN GET TO THAT POINT FOR COMPLIANCE, THAT IS THAT'S OUR NUMBER ONE GOAL IS TO GET COMPLIANCE. YEAH. OKAY. SO JUST WE'RE NOT TRYING TO BE AN HOA. WE'RE JUST TRYING TO FORCE CERTAIN. OKAY, MA'AM, MY FINAL THOUGHT DEFINITELY HAVE CONSENSUS, BUT I HEARD SOMETHING ABOUT INCREASED NEED FOR FUNDING. IS THERE ANY WAY TO PROJECT WHAT THAT MAY MAY LOOK LIKE? SO RIGHT NOW WE HAVE A BUDGET. WE HAVE AN ABATEMENT BUDGET OF 50 OR 35, 35,000. AND, YOU KNOW, THE COST OF EVERYTHING HAS GONE UP. AND I'M STILL WAITING ON BIDS FOR A DEMO, WHICH I HAVE NOT RECEIVED YET. SO A LOT OF THESE ARE BACKLOGGED. WE CAN'T GET TO THEM ALL AT ONCE. WE WON'T GET TO THEM AT ALL IN ONE YEAR, OR EVEN PROBABLY 2 OR 3 YEARS. BUT WE'LL HAVE A KIND OF A BETTER IDEA OF WHAT THAT MONEY AS WE GET INTO IT AFTER WE GET THIS FIRST ONE DONE. THAT MAKES SENSE. IS THERE ANY POTENTIAL OFFSET OF REVENUE TO COME IN FROM THESE ACTIONS? I KNOW YOU KIND OF MENTIONED WELL, LIKE FOR DEMOLITION, THE UNDERLYING COSTS THEN GET ATTACHED AS A LEAN TO THE PROPERTY AND THEN IT BECOMES A WHAT, WHAT HAPPENS WITH THAT PROPERTY? DOES IT BECOME MARKETABLE TO REDEVELOP, 
          [02:20:01]
YOU KNOW, WITH A NEW STRUCTURE OR SO ON AND SO FORTH. SO IT'S IT'S MORE LONG RANGE THAN IMMEDIATE. YEAH. OKAY. YEAH, YEAH. OKAY. GOOD. SIR, DURING OUR BUDGET CONVERSATIONS, ONE ON ONE, I'M SURE THIS IS GOING TO HIGHLIGHT NUMBER ONE, 2 OR 3. WELL, WE'LL HAVE A BETTER, I'M PRETTY SURE THAT YOU'RE, YOU'RE SITTING IN A PRETTY GOOD SPOT RIGHT NOW, YOU KNOW, AS FAR AS BUDGET GOES. BUT THAT'S TONIGHT. WHO KNOWS WHAT TOMORROW BRINGS, RIGHT? WE'LL HAVE A BETTER UNDERSTANDING OF HOW MUCH A DEMO IS GOING TO COST THESE DAYS ON THIS CURRENT PROJECT. 
          MAYOR, A GOOD MAN. I JUST WANTED TO MAKE A POINT THAT HOPEFULLY THAT AS WE HAVE A BIGGER BITE GOING FORWARD, THAT MAYBE THAT'LL SPARK SOME OF THE OTHERS TO START COMPLYING AND THE COSTS WON'T GO UP AS MUCH. SO MAYBE TO CROSS OUR FINGERS, PIGGYBACK ON THAT. THE FIRST TIME THIS WAS ON THE AGENDA IN THE BEGINNING OF APRIL, APPARENTLY ONE OF OUR NEWS OUTLETS GOT AHOLD OF THE AGENDA PACKAGE AND THIS POWERPOINT, AND THEY AIRED THAT, AND THEY DID A A NEWS THING OUTSIDE ONE OF THESE PROPERTIES. AND I DON'T KNOW IF THAT WAS WHAT CONVINCED THEM TO START DOING SOMETHING, BUT THEY'RE IN THE MIDDLE OF CLEANING THAT PROPERTY UP. GOOD. OH, OKAY. POSITIVE NEWS. HEY, THAT'S WHAT LET'S PUT IT TO THE NEWS. LET'S PUT IT OUT THERE, THE NEWS AND BE DONE WITH IT. IT WOULD BE A LOT EASIER FOR US TO DO IT THAT WAY. PUBLIC SHAMING. YEAH. THAT'S GOOD. SO IT SOUNDS LIKE WE HAVE CONSENSUS TO START MOVING FORWARD WITH ENHANCED ACTION. WE'LL BE BRINGING BACK THE ANY CODE CHANGES WE NEED TO. 
          AND YOU'LL BE SEEING AS WE CAN SCHEDULE. AND THEN WE IDENTIFY AND TAKE THE PROPER STEPS. 
          OBVIOUSLY, WE CAN'T INUNDATE THE CITY ATTORNEY'S OFFICE WITH ALL OF THEM AT ONCE. WE'RE GOING TO HAVE TO CHOOSE THE WORST OFFENDERS AND WORK THROUGH EACH ONE OF THOSE. SO THANK YOU AND THANK YOU, MARK. THANK YOU, THANK YOU. THANK YOU VERY MUCH. OKAY. GREAT. GREAT 
          [16. Discussion of electric bicycles (e-bikes).]
PROGRESS. SO WE'RE ON MOVING ON TO ITEM NUMBER 16. THIS IS GOING TO BE REGARDING E-BIKES. 
          SO REPORTING ON THIS IS THE CHIEF GILLESPIE AND OUR CITY ATTORNEY. ARE THEY GOING TO DEMONSTRATE AN E-BIKE FOR US. THAT'S WHAT I WANT TO SEE. YEAH. FROM THE DONATED BIKES THAT WE'RE GETTING RIGHT. SEQUINED JACKET. GOOD EVENING MAYOR AND CITY COUNCIL MEMBERS. DAVE GILLESPIE, CHIEF OF POLICE FOR THE CITY OF MELBOURNE, FLORIDA. WE DO APPRECIATE YOUR INTEREST IN THE THE E-BIKE ISSUE. AS YOU KNOW AND HAVE SEEN, THE ISSUE OF E-BIKES HAS BECOME MUCH MORE PREVALENT OVER THE LAST COUPLE OF YEARS HERE LOCALLY WITHIN MELBOURNE AND SURROUNDING JURISDICTIONS. THEY'VE TAKEN DIFFERENT ACTIONS, AND SOME CITIES HAVE ENACTED ORDINANCES AND THE LIKE. ON THE AGENDA WITH THE STATE IS SOME LEGISLATION THAT HAS NOT BEEN SIGNED YET BUT IS BEING PROPOSED. AND SO WE'RE WATCHING THAT CAREFULLY AS WELL. SO TONIGHT I HAVE A. ASKED SERGEANT BEN SLOVER FROM OUR TRAFFIC ENFORCEMENT UNIT TO DO A VERY BRIEF OVERVIEW OF SOME E-BIKE ISSUES LOCALLY. I WILL TELL YOU, IF YOU LOOK AT THE NUMBER OF CRASHES WE'VE HAD THIS YEAR, THE NUMBER IS 25 CRASHES THAT INVOLVE E-BIKES. 
          HALF OF THOSE INVOLVE JUVENILES, HALF OF THOSE ARE ADULTS. AND THE OTHER THING I WANTED TO SAY IS WE HAVE ONE OF OUR OTHER EXPERTS IS ACTING COMMANDER STEVE SADOFF IS OVER HERE. WE SWITCHED ROLES IN CASE HE WANTS TO ADD TO THE DISCUSSION. AND THEN WE ALSO HAVE LEAH NEPO FROM THE SHE'S THE COMMUNITY OUTREACH COORDINATOR FROM THE SPACE COAST TPO, WHO IS WITH US IN THE BACK. SO SHE'S ALSO HERE AND AVAILABLE. SHOULD YOU HAVE ANY QUESTIONS AT THE END. THANK YOU. MAYOR, COUNCIL AND STAFF. I APPRECIATE THE TIME. LIKE THE CHIEF SAID, YOU GUYS HAVE THIS IN YOUR PACKET. I'M JUST GOING TO GIVE YOU A BRIEF OVERVIEW. WE'LL GO THROUGH IT PRETTY QUICKLY. IF THERE'S ANYTHING YOU HAVE ADDITIONAL QUESTIONS ON, STOP ME, ASK ME OR ASK ME AFTER. I'LL BE HAPPY TO ANSWER THEM. ALL RIGHT. THE FIRST THING, THERE'S THREE CLASSIFICATIONS IN STATE STATUTE ABOUT THE BIKES. THE FIRST TWO CLASS ONE, CLASS TWO. 
          THEY DON'T GO OVER 20 MILES AN HOUR. CLASS THREE CAN GO UP TO 28 MILES AN HOUR, BUT REQUIRES A HELMET FOR ALL AGE LIMITS. THE MAIN THING TO KNOW ABOUT E-BIKES IS WHAT MAKES AN E-BIKE. 
          IT HAS TO HAVE A SEAT. IT HAS TO HAVE SADDLES, HAS TO BE UNDER 750W. PRETTY MUCH ANYONE THAT YOU TRY AND SHOP FOR NOW AND BUY, YOU WON'T BE ABLE TO GET UNDER 750W. YOU'VE GOT AMAZON.COM. THEY'RE ALL OVER 1000. SO THAT'S PART OF THE PROBLEM THAT WE'RE HAVING AND HOW WE'RE TRYING TO DEAL WITH IT. THAT'S JUST ANOTHER SLIDE THAT KIND OF SHOWS THE DIFFERENCE BETWEEN E-BIKE. IF IT'S NOT AN E-BIKE, IF IT DOESN'T HAVE PEDALS, IF IT DOESN'T HAVE A SEAT OR SADDLE, IT'S OVER 750 MILES. WHAT'S I'M SORRY, IT IS CLASSIFIED AS A 
          [02:25:04]
MOTORCYCLE, SAME AS ANY OTHER MOTORCYCLE. IT'S JUST AN ELECTRIC MOTORCYCLE. SO IT FALLS UNDER THE SAME LAWS AS A NORMAL MOTORCYCLE WOULD. AND AS FAR AS THE OPERATING ON THE ROADWAYS. I THOUGHT I TOOK THOSE OUT. SORRY, THE DEMO. THAT WAS IT. THIS IS A STATUTE THAT TALKS ABOUT AN E-BIKE IS LEGALLY CONSIDERED A BICYCLE. SO IT FOLLOWS THE SAME LAWS BICYCLES, IF THEY'RE ON THE SIDEWALK, THEY HAVE TO OBEY CERTAIN LAWS AND RULES THAT YOU HAVE TO GIVE AN AUDIBLE SIGNAL WHEN YOU PASS. YOU KNOW, NOW WITH THE PROPOSED LEGISLATION, IT'S GOING TO REDUCE IT TO TEN MILES AN HOUR. WHEN YOU COME WITHIN 50FT OF A PEDESTRIAN ON A SIDEWALK, BIKES ARE IN THE ROADS. THEY FOLLOW THE SAME RULES AS CARS IN THE ROADWAY. 
          SO WHEN YOU SEE THE BIKE WEAVING IN AND OUT OF CARS AND TRAFFIC, STUFF LIKE THAT, THAT'S ALL TRAFFIC VIOLATIONS THAT WE CAN ENFORCE. THAT'S ALL LAWS THAT ARE CURRENTLY ON THE BOOKS NOW THAT WE CAN ADDRESS AND TAKE ACTION ON, LIKE IT SAYS HERE, YOU HAVE TO YIELD, YOU HAVE TO FOLLOW THE TRAFFIC, STUFF LIKE THAT. THIS IS THE NEW SENATE BILL. LIKE THE CHIEF SAID, IT'S BEEN THROUGH THE HOUSE AND SENATE. IT HAS NOT BEEN SIGNED YET. THE ONLY REAL ADDITIONS THAT IT HAS IS THAT IT GOES THROUGH PATHWAYS THAT ARE NOT ADJACENT TO ROADWAYS. 
          SO PASS THROUGH PARKS AND STUFF LIKE THAT. YOU HAVE TO GIVE THE AUDIBLE SIGNAL AND YIELD TO PEDESTRIANS. AND THEN, LIKE I SAID EARLIER, YOU HAVE TO SLOW TO TEN MILES AN HOUR WITHIN 50FT OF A PEDESTRIAN ON A SIDEWALK. THAT'S REALLY THE ONLY CHANGE. SO THAT'S, IT'S NOT HELPING A TON BECAUSE A LOT OF THE OTHER LAWS ARE ALREADY ON THE BOOKS. OUR PLAN AND OUR RECOMMENDATION IS WE'RE GOING TO START WITH EDUCATION OUTREACH. WE'RE GOING TO PARTNER WITH PEOPLE LIKE TPO, AND WE'RE GOING TO GET THE MESSAGE OUT THERE. WE'RE GOING TO DO STUFF LIKE PSA'S I ON THURSDAY, I'M MEETING WITH A MEMBER OF THE MEDIA WHO WANTS TO DO A STORY ON IT. I'VE GOT AN ACTION PLAN GOING NOW WHERE MY GUYS ARE OUT THERE TRYING TO IDENTIFY AND THROUGH EDUCATION OR ENFORCEMENT, TAKE ACTION ON BIKE VIOLATORS. THE MEDIA IS GOING TO COME AND WORK WITH WITH MY PEOPLE WHEN WE'RE OUT THERE DOING IT, JUST SO WE CAN PUT THE STORY OUT THERE. AT THE LAST MEETING, WE WE GAVE A PRESENTATION ON ON E-BIKES. 
          OBVIOUSLY, WE'RE GOING TO WANT TO INCREASE AWARENESS. WE WANT TO EXPLORE OPPORTUNITIES TO EDUCATE E-BIKES, CITY WEBSITES AND GET FEEDBACK FROM THE, FROM THE COMMUNITY. BEFORE YOU GO ON, I WANT TO POINT OUT THAT THE SHERIFF'S OFFICE, BREVARD COUNTY SCHOOLS, AND THE TPO ARE ALL DOING ENHANCED EDUCATION EFFORTS, AND THERE'S SOME COLLABORATION THERE. WE'RE WORKING TOGETHER SO THAT WE HAVE SIMILAR MESSAGING. I WILL BE IN ALL OF THE PUBLIC SCHOOLS NEXT YEAR GIVING A PRESENTATION. SO IT'S ALREADY BEEN SET UP AND ARRANGED. SO YES, WE WILL BE. 
          LIKE I SAID, MOST OF THE ENFORCEMENT ACTION AND STUFF THAT WE CAN TAKE TO HELP WITH SAFETY IS ALREADY ON THE BOOKS. WE, YOU KNOW, TRAFFIC LAWS, VIOLATIONS. WE ARRESTED A GUY TODAY FOR VIOLATING FOR E-BIKE VIOLATIONS. HE HAD AN E MOTO. HE WAS RIDING ON THE SIDEWALK. 
          MY OFFICER TRIED TO STOP HIM. HE FLED. HE GOT CAUGHT. HE WENT TO JAIL. I MEAN, IT'S JUST HOW IT WORKS. BUT IT'S AGAIN, IT'S ALREADY ON THE BOOKS AND WE CAN TAKE ACTION. SO WHAT WE NEED TO DO IS I NEED TO GO THROUGH AND I PLAN TO DO THIS. I'M GOING TO GO TO ALL OUR SQUAD MEETINGS. 
          I'M GOING TO EDUCATE OUR YOUNGER OFFICERS ON WHAT THE LAWS THAT ARE OUT THERE AND WHAT THEY CAN LOOK FOR AND HOW THEY CAN ADDRESS IT THROUGH. PSA WILL EDUCATE THE STAFF. I'M NOT THE STAFF. I'M SORRY, THE CITIZENRY. AND AGAIN, WE'RE NOT LOOKING JUST TO DO ENFORCEMENT. 
          WE'RE NOT GOING TO, YOU KNOW, WE'RE NOT GOING TO GET TO 12 YEAR OLD RIDING AN E-BIKE AND TAKE THEM, GIVE THEM A $200 FINE AND TAKE HIS BIKE. BUT WE'RE GOING TO EDUCATE. WE'RE GOING TO REACH OUT, WE'RE GOING TO TALK TO THOSE PARENTS, EXPLAIN THE PROBLEM SO THAT THEY CAN TAKE BETTER ACTIONS AND NOT GIVE THEM THE ILLEGAL BIKES SO THAT HE'S SAFE TOO, OR HE OR SHE IS SAFE. AND MOST OF THE ISSUES DUE TO ILLEGAL E-BIKES ARE ALREADY WHICH CAN ALREADY BE ENFORCED. THESE ARE A COUPLE OF SLIDES. I'M GOING TO GO THROUGH THEM, BUT BECAUSE THEY'RE IN YOUR PACKET. BUT WE REACHED OUT. I REACHED OUT TO EIGHT DIFFERENT ORGANIZATIONS THAT HAVE DONE ENHANCED ORDINANCES. THOSE ARE JUST A LITTLE BIT OF THINGS THAT THEY'VE DONE. THE CONSENSUS IS IT'S, IT'S MIXED BAG. IT'S SOMETIMES IT HELPS THE ADULTS SOMETIMES HELP, THE CHILDREN DON'T, BUT IT'S NOT HELPING A TON. WHAT WE CAN DO TO CONSIDER. 
          WE CREATE AN ORDINANCE, IF YOU GUYS WOULD LIKE, WE CAN REDUCE THE SPEEDS ON SIDEWALKS. SOME SOME MUNICIPALITIES HAVE DONE THAT. AND IF YOU'D LIKE TO, WE'D BE HAPPY TO ENFORCE IT. 
          LIKE I SAID, I DON'T KNOW IF THAT'S NECESSARY BECAUSE THERE ARE LAWS THAT WE CAN ALREADY ADDRESS. IF THEY'RE FLYING DOWN THE SIDEWALK, THEY'RE PROBABLY NOT GOING TO GIVE AN AUDIBLE SIGNAL WHEN THEY GO BY THE PEDESTRIAN, WHICH IS A VIOLATION THAT WE CAN ADDRESS THE SAME WAY WE COULD JUST SPEED, SPEED LIMIT, WE CAN CREATE ORDINANCES SIMILAR TO SKATEBOARDING, YOU KNOW, SKATEBOARDING. WE HAVE THE RESTRICTION ZONES, STUFF LIKE 
          [02:30:01]
THAT. SO WE CAN CREATE SOMETHING SIMILAR TO THAT WITH BIKES FOR THE HIGH VOLUME AREAS. 
          MY DETAIL RIGHT NOW IS ON NEW HAVEN, THE FULL LENGTH NEW HAVEN, BOTH DOWNTOWN AND UP TO DERRY ROAD. SO BUT WE'LL IDENTIFY THOSE IF WE NEED TO. AND THEN HERE'S SOME I DON'T KNOW IF THE CITY ATTORNEY WOULD LIKE TO COVER SOME OF THESE, BUT SERGEANT, DID YOU SKIP TO SKIP ONE ONE SLIDE PERHAPS. WHICH ONE BEFORE WE GO WE GO BACK. OH YEAH. IT'S THE ACTION ITEM. MAYBE IT WAS AT THE END. WOULD HAVE BEEN THERE. LET'S GO TO THE END. SEE? MAYBE GOT MISPLACED. YOU'RE NOT SEEING IT THERE. IT WOULD HAVE BEEN. IT WOULD HAVE BEEN BEFORE THE SLIDES THAT I HAD. BUT MAYBE IT GOT PUT AT THE END. LET'S SEE. SO THIS. I GUESS IT DIDN'T GET ON THAT VERSION. OKAY. ALL RIGHT. WELL, I'VE GOT IT HERE. BASICALLY IT'S STUFF THAT I TALKED ABOUT. WE WANT TO CONDUCT BIKE EDUCATION AND ENFORCEMENT DETAILS LIKE THE ONE WE'RE RUNNING CURRENTLY EDUCATE STUDENTS TO WORK WITH DPS, LIKE THE CITY MANAGER SAID, AND WE'VE ALREADY GOT THAT PLAN IN PLACE. MY SRO SUPERVISORS ALREADY WORKING WITH SROS TO GET ME INTO THE MIDDLE SCHOOLS AND HIGH SCHOOLS. I'VE GOT A GOOD RELATIONSHIP THROUGH MY PAST BEING A COMMUNITY RESOURCE OFFICER WITH ALL THE ELEMENTARY SCHOOLS. SO WE'RE GOING TO FOLLOW UP AND START NEXT YEAR. WE'RE GOING TO GET INTO ALL THE SCHOOLS, THE PSA'S. WE'RE GOING TO. IRONICALLY ENOUGH, I TRIED TO DO A PSA AND I WENT TO BORROW MY DAD'S BIKE, BUT IT WAS ILLEGAL IN TWO DIFFERENT WAYS, SO I DIDN'T WANT TO USE IT. SO HE'S I THINK HE'S GOTTEN RID OF THAT BIKE. SO THAT'S WHY I LAUGHED AND SAID, HEY, ARE YOU GOING TO GIVE A DEMONSTRATION? I WOULD LOVE TO GIVE YOU A DEMONSTRATION, BUT MY BIKE'S ILLEGAL, I CAN'T. 
          YEAH, BUT THE DAD'S RIDING DIRTY. WE DON'T NEED. NO. THAT'S RIGHT. HE LIVES IN VIERA, THOUGH. IT'S OKAY. ALL RIGHT. WE'RE GOING TO ENCOURAGE ENCOURAGE PARENTS TO MONITOR E-BIKE USAGE. LIKE I SAID, WE'RE NOT WE'RE NOT LOOKING TO THROW 12 YEAR OLDS IN JAIL, YOU KNOW, BUT WE DO NEED TO STRESS THE IMPORTANCE OF SAFETY TO HIM AND HIS FAMILY OR HIM OR HER OR HIS FAMILY. THAT WAY THEY CAN GET THE PROPER KNOWLEDGE THAT THEY NEED AND THEN BE SAFE AND THEN TRACK CRASH DATA. YOU KNOW, I RAN IT LAST WEEK. WE HAD THE CHIEF ALREADY GAVE YOU THE NUMBERS. IT'S IT'S 25 AND ROUGHLY 50/50 ADULTS AND JUVENILES, WHICH KIND OF SURPRISED ME. I THOUGHT IT'D BE MORE ONE OR THE OTHER, BUT WE'VE HAD ONE FATALITY. OUT OF THOSE 25, MOST HAVE BEEN MINOR INJURIES, WITH ONE FATALITY. AND I'M HAPPY TO ANSWER ANY QUESTIONS. GOOD, MR. NEWMAN. SO A COUPLE THINGS. ONE MORE. SO I'M JUST GOING TO FOCUS ON THE ON THE SOLUTIONS PORTION OF IT. I THINK OUR OFFICERS ARE WELL TRAINED, KNOW WHAT THEY'RE DOING. AND I DO APPRECIATE YOU EDUCATING THEM ON IT. BUT I IF THAT'S WHAT YOU CONTINUE TO DO, YOU GUYS ARE GREAT AT WHAT YOU'RE DOING ALREADY. SO THANK YOU. THAT'S NOT REALLY A CONCERN OF MINE THAT OUR OFFICERS AREN'T AREN'T AWARE OF IT. I THINK IT'S MORE SO IT'S IT'S WHY DO PEOPLE NOT SPEED ON A ONE A AND SATELLITE BEACH? BECAUSE YOU KNOW THAT YOU'RE GOING TO GET A TICKET. LIKE, YOU KNOW, YOU GET SOME FOLKS PLAY IT AROUND SOMETIMES ON US ONE, BUT THEY KNOW DARN WELL YOU DON'T DO THAT. SO I THINK IT'S MORE OF A, IT SEEMS LIKE AN INCREASED ENFORCEMENT ISSUE BECAUSE IT SEEMS THAT WE ALREADY WE WE HAVE MOST OF THESE LAWS ON THE BOOKS. I MEAN, THE ONLY THING THAT I WOULD ADD THAT I THINK IT'S A GREAT SUGGESTION ON YOUR PART IS FOR EITHER THE. MAKING SURE THAT THERE'S NO E-BIKES OR MOTOR BIKES OR HOWEVER YOU WANT TO WORD IT FOR THE DOWNTOWN AREAS. I DON'T WANT ANYBODY WHO'S SHOPPING OR WHATEVER TO GET HURT BY SOMEBODY WHO'S RECKLESSLY RIDING ON THE SIDEWALKS. AND THEN ALSO, I HAVE I HAVE BEEN IN OUR CITY PARKS WHERE E BIKES, I'M NOT QUALIFIED TO KNOW WHICH IT WAS WHERE LIKE ZOOM ZOOMING LIKE CRAZY AROUND THERE. AND IT WAS DEFINITELY A HAZARD FOR THOSE WHO WERE JUST TRYING TO ENJOY THE PARK THAT AFTERNOON OR EVENING. SO THAT SAID, THAT'S KIND OF WHERE I'M AT IT. I THINK THAT MIGHT BE THE THE BEST RESULT MOVING FORWARD. IF WE'RE LOOKING FOR CONSENSUS ON SOMETHING. YEAH. THANKS. THANK YOU SERGEANT, I APPRECIATE IT. YES, SIR. ANY PLACE IS MORE PREVALENT THAT YOU'RE SEEING ACCIDENTS THAN THAN OTHERS WITHIN THE CITY. I STARTED WITH NEW HAVEN BECAUSE WE I SEE A LOT OF TRAFFIC IN DOWNTOWN AND THEY GOT THOSE NEW BIKE LANES. SO AND MAKE SURE THAT PEOPLE ARE FOLLOWING THE BIKE LANES ALONG NEW HAVEN AS IT GOES OUT TOWARDS DAIRY ROAD. THAT SAID, MAJOR STREETS LIKE WICKHAM ROAD, I'M SURE ARE GOING TO BE POPULAR ONES THAT WE'LL LOOK AT. 
          I DON'T KNOW, ALL THE SIDE STREETS YET. IT'S JUST STILL KIND OF SOMETHING THAT I'M LOOKING INTO. I WAS JUST CURIOUS FROM A 10,000 FOOT VIEW AND THE WHAT IS THE MOST COMMON ACCIDENT IS THAT WOULD BE, WELL, I'M NOT GOING TO SUGGEST THAT. WHAT IS THE MOST COMMON ACCIDENT THAT THAT AN E-BIKE ENCOUNTERS OR PERSON IN A ON A CAR OR WHATEVER. SO I, I DON'T HAVE THE NUMBERS IN FRONT OF ME. IF I CAN GET, I CAN GET THEM TO YOU. BUT THE ONES THAT I'VE 
          [02:35:04]
NOTICED HAVE BEEN E-BIKES ON THE SIDEWALKS GOING ACROSS INTO TRAFFIC AND THEN AND THE CARS NOT SEEING THEM. SURE. WELL, THAT'S, THAT'S TRUE WITH BICYCLES AS WELL TOO. CORRECT. 
          YOU KNOW, I FIND THAT A ONE A EXCEPT FOR ON THE DUNES, OF COURSE, YOU CAN'T HAVE THE E-BIKE. YOU CAN HAVE IT ON THE STREET THOUGH THAT WALKABILITY IS WHERE THE MOST PREVALENT PROBLEMS SEEM TO BE OCCURRING. AND BY THAT I SAY BECAUSE OF MY DISTRICT I LIVE BESIDE. SO I SEE A LOT OF WALKABILITY WALKING UP AND DOWN A ONE A IN FRONT OF MY OWN HOME. SO THE EDUCATION PART IS GOT TO GO TO THE IT'S GOT TO GO TO THE PARENTS BOTTOM LINE. THE OTHER ONES I CAN GUARANTEE YOU ARE, ARE HOSPITALITY WORKERS THAT GOT A DUI IN TRYING TO GET TO WORK AND THEY AND THEY DON'T HAVE THE ABILITY TO, TO DRIVE A CAR. I MEAN, I SEE IT ALL DAY LONG BECAUSE OF THE INDUSTRY I'M IN. SO I WOULD CONCENTRATE A LOT OF OUR EFFORTS. I THINK AS A DISCUSSION LEVEL, A LOT OF OUR EFFORTS, MAINLY IN SCHOOLS AND OF COURSE, IN WALKABILITY, YOU KNOW, WHAT'S WALKABILITY? WHAT'S WALKABLE IN THIS IN THIS TOWN, ALONG WICKHAM, ALONG WHEREVER, WHEREVER, YOU KNOW. BUT I DON'T WANT TO PICK ON ONE PARTICULAR PLACE IN ANOTHER. 
          BUT THAT'S WHERE I SEE THE POTENTIAL OF POSSIBLY BRINGING DOWN THE AMOUNT OF ACCIDENTS. 
          SURE. IF AT ALL POSSIBLE. YOU KNOW, THAT'S JUST MY $0.02 ON IT. YOU KNOW, I SEE THEM ZIPPING BY ALL THE TIME, YOU KNOW, WHAT AM I GOING TO DO? YOU KNOW, THROW A BOARD IN THEIR SPOKES, YOU KNOW, MAYBE IN JERSEY I WOULD, BUT NOT HERE, YOU KNOW. RIGHT. I APPRECIATE THAT BECAUSE I GET THAT CRASH REPORT. THANK YOU. YEAH, YEAH. PLEASE STOP. I WANT TO THANK YOU FOR ON MY STREET YOU I'M A I'M IN A NEIGHBORHOOD AND THEY WE HAD A LOT OF YOUNG KIDS HAVING THE E-BIKES AND THE EMOS GOING UP AND DOWN GOING INTO THE, INTO THE AIRPORT PROPERTIES AND ALL THAT. AND YOU KIND OF CAME OUT ON A SATURDAY AFTERNOON AND, AND STOPPED A LOT OF THOSE STOPPED THESE YOUNG 12 YEAR OLD, 13 YEAR OLD KIDS. AND WE CAN SAY WE'RE GOING TO EDUCATE THE KIDS. BUT LIKE MR. LARUSSA SAID, IT'S THE PARENTS BUYING THESE VEHICLES AND NOT THEY'RE JUST LIKE, OKAY. THEY THINK IT'S JUST IT'S NOT THAT FAST. AND IT GOES UP TO 28 MILES AN HOUR. IF IT'S AN E-BIKE THAT I'VE LEARNED THAT. AND BUT A FAMILY MEMBER HAS AN E-BIKE AND HE WAS OUT AND SOMEBODY ELSE HAD A MOTOR AND HAD TWO CHILDREN ON THE MOTORBIKE, TWO SMALL CHILDREN WITH NO HELMETS ON OR ANYTHING ELSE. AND THEY WERE THEY FLIPPED OUT. THEY SAID, I CAN'T BELIEVE THIS WENT ON. AND I THINK A LOT OF PEOPLE THINK THAT THE MOTOR, THEY DON'T HAVE TO HAVE THE LICENSE. CORRECT. THAT IS WHAT I'M SEEING. THAT'S 100% ACCURATE. AND WHEN WE WERE TALKING ABOUT BICYCLES LAST NIGHT, A LOT OF PEOPLE, I ALMOST HIT SOMEBODY LAST NIGHT BECAUSE I WAS GOING DOWN U.S. ONE, TURNING ON TO SARNO AND TWO PEOPLE ON A BIKE. NOW, THEY DID HAVE REFLECTOR VESTS, AND THAT'S THE ONLY THING THEY HAD ON THAT. I COULD SEE THEM, AND IT WAS PROBABLY 830 AT NIGHT. DIDN'T HAVE ANY LIGHTS ON, AND THEY WERE RIGHT AT THE CORNER THERE AND I ALMOST HIT THEM. I'M SAD, YOU KNOW, BUT THEY WERE NOT. THEY WERE GOING FACING INTO TRAFFIC RATHER THAN GOING OUT. AND I MEAN, THEY WEREN'T CHILDREN. THEY WERE THE ADULTS. AND I THINK MAYBE WE HAVE TO DO THE STOP AND TALK. 
          AND THAT'S WHAT WE'VE BEEN DOING THE LAST COUPLE OF WEEKS. WE'VE WE'VE HAD SIX ENCOUNTERS IN THREE DAYS, WHICH DOESN'T SOUND LIKE A LOT. BUT, YOU KNOW, IT'S YEAH, BUT I SEE A LOT OF THAT. IT'S A START, YOU KNOW, BECAUSE I USED TO BICYCLE A LOT AND THERE ARE CERTAIN PLACES I WOULD NOT BICYCLE ON LIKE US ONE ALWAYS AFRAID OF THAT ONE BECAUSE GOING OVER THE EDGE. 
          RIGHT. BUT THAT'S WHERE I'M LOOKING AT IS WHERE THE PARENTS BUYING THESE, THESE CHILDREN THAT ARE 12 YEARS OLD AND THEY'RE NOT OUT THERE SUPERVISING THEM. YEAH, BUT VICE MAYOR, YOU HAD SOMETHING. YES. WHEN WE WERE TALKING ABOUT WHERE ARE THE AREAS THAT ARE MOST CONCENTRATED, I STARTED THINKING AND FIRST THING THAT CAME TO MIND WAS CROTON ROAD GOING TOWARDS WICKHAM PARK. THEY SPEED AND THEY GO BACK AND FORTH ALONG THAT ROAD TO THE WEST, TO THE EAST AND ZIPPING AROUND. BUT THEN I STARTED THINKING ABOUT MY TRAVELS ON AURORA ROAD, AND I ALMOST HIT ONE THIS MORNING, WHO WAS CARRYING A TRAILER ON THE BACK OF HIS. IT WAS AN E-BIKE BECAUSE IT HAD PEDALS, RIGHT? WASN'T USING THE PEDALS, BUT IT HAD PEDALS. SO THAT'S A VIOLATION TOO, BY THE WAY. I KNOW. RIGHT. SO I ALMOST HIT THAT ONE. AND THEN I STARTED THINKING ABOUT MY TRIP TO CHILI'S THE OTHER DAY WHEN I WAS ON SARNO ROAD. SO I DON'T KNOW IF THERE IS A ONE CONCENTRATED. I THINK THEY'RE 
          [02:40:04]
EVERYWHERE. AND IT'S THOSE THAT ARE, AS YOU HAD SAID ALREADY, BREAKING THE LAWS THAT WE HAVE ON THE BOOKS AND THAT THE STATE IS HOPEFULLY, KNOCK ON WOOD SOMEWHERE, THEY'RE GOING TO PASS IT. I THINK THE EDUCATION, EDUCATING OUR ADULTS, BECAUSE WHAT I'M SEEING AND GRANTED O'GALLEY HIGH SCHOOL IN THE MORNING, YOU SEE THOSE E-BIKES COMING PRETTY FAST, BUT IT'S THOSE MORE YOUNG ADULTS AND ADULTS THAT ARE JUST ZIPPING AROUND AND NOT LIKE THEY'RE JUST GOING EVERYWHERE. LIKE IT'S THERE'S NO RHYME OR REASON FOR IT AND IT'S JUST DANGEROUS. 
          AND I WAS, YOU KNOW, IN A CONVERSATION LAST NIGHT WITH SOMEONE AND I'M LIKE, WELL, HOW CAN WE ENFORCE IT? BECAUSE IT SEEMS LIKE IT'S GOING TO BE A HIT ON OUR POLICE DEPARTMENT. 
          AND I'M NOT TRYING TO GIVE MORE WORK TO THE POLICE DEPARTMENT, BUT I THINK IT'S GOING TO BE A DANGEROUS SITUATION IF WE DON'T START DOING SOMETHING NOW AND MORE NOW TO MAYBE TAPER OFF LATER. SO, YOU KNOW, IF WE'RE OUT THERE AND EDUCATING AND STOPPING AND, YOU KNOW, THE CASE IN CALIFORNIA WHERE THE POLICE OFFICERS WENT TO, I THINK HE WAS HE WAS UNDER 16 YEARS OLD AND THE POLICE DEPARTMENT WENT TO THE PARENT AND SAID, I THINK HE HAD A MOTOR AND SAID, THIS KID IS HE'S NOT SUPPOSED TO BE RIDING IT. HE'S UNDER. HE WAS UNDER 16. 
          AND THE PARENT, THE MOTHER GAVE THE KID, OH, NO, NO. AND ENDED UP GIVING IT BACK TO THE CHILD WHO HIT A TEACHER. AND AND THE TEACHER ENDED UP HAVING. LACERATIONS TO THE HEAD AND CRACKED SKULL. SO THAT'S ANYTHING ELSE. BUT I JUST THINK THAT THIS IS A GOOD PLAN, YOU KNOW, START WITH THE EDUCATION, BUT DEFINITELY MAKE IT ON THE FOREFRONT OF OUR MINDS. YOU KNOW, MAYBE WHEN THE OFFICERS ARE ARE DRIVING AND THEY'RE SEEING SOMETHING, TAKE SOME ACTION, THAT'S THAT'S WHAT I'M I GOT ONE LAST THING. YOU WANT TO DO AN EDUCATION PROCESS. IF YOU CAN RECALL MOTHERS AGAINST DRUNK DRIVING, DO YOU REMEMBER WHAT THEY USED TO DO WITH THE TURNED OVER AND WRECKED CARS USED TO PUT THEM ON THE ON THE ENTRANCE AND THE EXITS OF ALL THE HIGHWAYS. I'LL BET YOU A DOLLAR TO A DONUT THAT IF YOU PUT WRECKED E-BIKES AT THE ENTRANCE OF EVERY SCHOOL IN THIS COUNTY OR IN THIS IN THIS CITY, THAT'LL BE A START OF WHERE TO START AN EDUCATION PROGRAM. PARENTS HAVE MOST PARENTS DRIVE THEIR KIDS TO SCHOOL NOW. I MEAN, FOR GOD'S SAKES, YOU KNOW, THE LINES ARE RIDICULOUS. BUT HOWEVER, THAT'S JUST A THOUGHT. YOU KNOW, IT REFLECTED RIGHT BACK TO MOTHERS AGAINST DRUNK DRIVING THAT EXACT SAME THING. WHERE'S THE EDUCATION? YOU CAN PUT IT ON TV ALL DAY LONG. YOU CAN FLY IT IN A BALLOON, WHATEVER YOU WANT TO DO. BUT SEEING IS REALITY. YEAH, THAT'S A GOOD POINT, MR. SMITH. 
          YEAH, GREAT PRESENTATION AND I THINK SO. I GREW UP MYSELF. NOW BEFORE E-BIKES THERE WERE MOPEDS, RIGHT? WE HAD A MOTORCYCLE AND A BICYCLE PEDALS. AND SO OLD ENOUGH TO REMEMBER YOU DON'T REMEMBER MOPEDS, YOU KNOW. BUT THE OTHER THING IS THAT WHEN I TRAVEL, I GO TO DIFFERENT CITIES AND I RENT THE BIRD, RENT THE SCOOTERS. NOW, ONE THING I NOTICED, MY LAST RENTAL, I WENT TO A FOOTBALL GAME. THE ACTUAL SCOOTER ITSELF WOULD NOT ALLOW ME TO GO ABOVE A CERTAIN SPEED, BECAUSE IT WAS MY FIRST TIME USING THAT PARTICULAR COMPANY. I WAS A LITTLE UPSET ABOUT THAT BECAUSE I HAD I FELT A NEED FOR SPEED THAT DAY, BUT IT WOULDN'T LET ME GO FASTER. SO I'M SAYING ALL THAT TO SAY THAT, YES, IT HAS TO DO WITH EDUCATION. I LOVE THE MADD MOTHERS AGAINST DRUNK DRIVING APPROACH BECAUSE AND I DON'T KNOW IF THE DMV AND WE'LL KIND OF BRING THIS UP AT THE TPO, BUT I THINK THIS THIS IS A NECESSARY TIME FOR THIS MOVEMENT. AND I AGREE, WE DON'T WANT TO PUT TOO MUCH WORK ON OUR OUR POLICE OFFICERS. BUT AS WE CREATE AWARENESS AND I'M WONDERING IF FROM A DMV STANDPOINT OR TPO STANDPOINT, IS THERE SOME TYPE OF LICENSE OR A CERTIFICATION OR SOMETHING THAT THAT CAN BE DONE? SO THAT WAY AND NOT THAT IT MAY PREVENT. BUT I THINK THAT COULD BE A HEDGE AGAINST SAYING, WE REALLY WANT YOU TO BE SAFE. WE REALLY KNOW THAT YOU'RE USING THESE THINGS OUT THERE, BUT, YOU KNOW, WE'RE TAKING IT SERIOUS BECAUSE WE DON'T WANT TO SEE DEATH OR ACCIDENTS IN OUR FUTURE. SO CAN WE ASK LEAH FROM THE TPO TO COME UP? YEAH, ABSOLUTELY. COME ON UP. SHE WANTS TO JUMP IN HERE. YOU SAW ME. THANK YOU. I'LL FILL OUT A SPEAKER CARD AFTERWARDS. I'M. I'M WITH THE COMMUNITY ENGAGEMENT COORDINATOR WITH THE SPACE COAST TPO, AND I THOUGHT IT WOULD BE BENEFICIAL FOR ME TO BE HERE TO ANSWER ANY QUESTIONS OR ADD IN SPECIFICALLY ABOUT YOUR QUESTION ABOUT LICENSE REQUIREMENTS AS AN AGENCY, THAT'S NOT AN ENFORCING OR IMPLEMENTING AGENCY. THAT'S NOT SOMETHING THAT WE WOULD BE ABLE TO IMPLEMENT OR ENFORCE. 
          HOWEVER, BACK IN DECEMBER, WE DID HAVE QUITE A LONG DISCUSSION WITH OUR TAC CIC, OUR TECHNICAL AND CITIZEN ADVISORY COUNCIL, ABOUT WHAT ARE THEIR SOME OF THEIR 
          [02:45:05]
RECOMMENDATIONS. THEY DID RECOMMEND TO THE COUNTY THAT THEY WOULD LIKE TO SEE REGULATIONS WITH LICENSE. THE ISSUE WITH THAT BEING THAT ANYBODY COULD GO ON AMAZON, BUY ANY BIKE, AND IT'S NOT REGISTERED, IT DOESN'T HAVE A VIN. SO THAT IS PRETTY MUCH THE BIGGEST ISSUE. AND THAT WOULD HAVE TO COME FROM STATE LEGISLATION. AS FOR EDUCATION, THE MOTHERS AGAINST DRUNK DRIVING, WE ACTUALLY JUST DID A VERY SIMILAR DISPLAY UP IN TITUSVILLE LAST WEEK, MOVING THROUGH PROM WEEK. SO JUST SO YOU KNOW, THE TPO DOES DO A LOT OF VISUAL, VERBAL AND HANDS ON EDUCATION IN ALIGNMENT WITH MELBOURNE PD AS WELL. WE GO INTO THE SCHOOLS, TALK ABOUT BIKE SAFETY, WE RUN ADULT PARENT CLASSES OR EXCUSE ME, A PARENT CHILDREN CLASSES FOR BIKE SAFETY. WE DO HELMET FITTING CERTIFICATIONS FOR PARENTS TO LEARN HOW TO PUT A HELMET ON THEIR HEAD, AND THEY ALSO RECEIVE A FREE HELMET FOR THEIR CHILD IF THEIR CHILD IS PRESENT, AS LONG AS WELL AS MANY OTHER THINGS. SO WE'RE ALWAYS HERE AS A RESOURCE AND A GUIDE FOR THE COUNTY. SO I'M HERE FOR ANY OTHER QUESTIONS. 
          MAYOR, ONE POINT I DID A PANEL ON FRIDAY WITH WITH SHERIFF WAYNE IVEY, AND ONE OF THE THINGS HE TALKED ABOUT IS THEY HAVE A COURSE FROM THE SHERIFF'S PERSPECTIVE TO THE PARENTS TO SAY, GO BE PARENTS OR TAKE BACK YOUR PARENTING AND INCLUDING SOME OF THESE OTHER ADDITIONAL THINGS. MAYBE ANOTHER WAY OF GETTING THAT MESSAGING OUT. SO YEAH, SOMETHING TO CONSIDER. ABSOLUTELY. OKAY. WELL THANK YOU. GREAT JOB. THANK YOU. ALL RIGHT. ANYBODY ELSE? OKAY. SO WE KIND OF THANK YOU. THANK YOU SIR. THANK YOU SIR. SO WE'RE KIND OF WE HAVE CONSENSUS ON WHERE WE WANT TO GO, CORRECT? YEAH. JUST. ALL RIGHT. ALL 
          [17. Board Appointments]
RIGHT. THEN WE'RE GOING TO MOVE ON TO ITEM NUMBER 17. A. THIS IS REPORTING ON. THIS IS MR. MCEWEN. THANK YOU. MAYOR. THIS IS THE REQUEST FOR A WAIVER OF FLORIDA STATUTES FOR BOARD MEMBERS WHO HAVE THE CONFLICTING CONTRACTUAL RELATIONSHIP THAT WE'VE TALKED ABOUT A NUMBER OF TIMES. I'LL CAVEAT THIS REAL QUICK WITH ITEM B, WHICH IS MR. HIGH'S REAPPOINTMENT. SO WE DO NOT HAVE AN UPDATED APPLICATION FROM HIM. WE MADE MULTIPLE ATTEMPTS, OUR STAFF AND HOUSING STAFF TO REACH OUT, AND SO WE'LL CONSIDER THAT IN THE NEXT ITEM. I WOULD RECOMMEND STILL CONSIDERING THIS WAIVER AND THEN DISCUSSING THAT NEXT. BUT I JUST WANTED TO MAKE THAT CAVEAT HERE. SO THIS IS THE WAIVER OF SECTION 112313 OF FLORIDA STATUTES. THAT SPEAKS TO VOLUNTEER BOARD MEMBERS WHO HAVE A POTENTIAL CONFLICTING CONTRACTUAL RELATIONSHIP WITH THE CITY. MR. HIGH IS A MEMBER OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND HAS FILLED OUT THE NECESSARY FORM FOR TO DISCLOSE THAT RELATIONSHIP. AND AS YOU'VE SEEN IN THE PAST, A MEMORANDUM IN THE AGENDA PACKAGE FURTHER OUTLINES THAT RELATIONSHIP THAT HE HAS AS AN EMPLOYEE WITH JOE BEAR CONTRACTING, WHO DOES BUSINESS WITH THE CITY. AND SO COUNCIL DID GRANT THIS WAIVER IN SEPTEMBER. WE DO THIS ON AN ANNUAL BASIS, AND IT'S BECOME OUR PRACTICE TO ALSO BRING THIS WAIVER REQUEST FORWARD. WHEN A BOARD MEMBER IS BEING CONSIDERED FOR REAPPOINTMENT. AND SO IF THE WAIVER IS GRANTED, IT WOULD BE, AGAIN FOR THE REMAINDER OF THE CURRENT FISCAL YEAR. AND IF ANY OTHER TRANSACTIONS OCCURRED OUTSIDE OF WHAT WAS ALREADY LISTED IN THE AGENDA PACKAGE MEMO, WE WOULD COME BACK TO YOU AT A LATER TIME. AND SO THE RECOMMENDED ACTION IS IS IN THERE IN THE AGENDA PACKAGE FOR APPROVAL OF THE EXEMPTION REQUEST AND AVAILABLE FOR ANY QUESTIONS. ANY QUESTIONS. OKAY. DO WE HAVE ACTION HERE, MAYOR. I THINK TECHNICALLY IT'S A PUBLIC HEARING, SO I DON'T SEE ANYONE IN THE AUDIENCE, BUT I, I THINK IT'S OKAY. IT'S NOT. 
          YEAH. IS IT OKAY THEN WE'LL WE'LL ANY THEN WE'LL OPEN UP A PUBLIC PUBLIC HEARING STATES. 
          NO, BUT THEN WE'LL GO AHEAD AND NO SPEAKERS CLOSE THE PUBLIC HEARING, BRING IT BACK TO COUNCIL. THANK YOU. AND THEN THE ONLY OTHER THING IS THAT IT WILL REQUIRE A SUPERMAJORITY VOTE. OKAY. SO WE HAVE DO WE HAVE A MOTION ON THE REQUESTED ACTION? MAYOR APPROVAL EXTENSION REQUEST. AND PURSUANT TO SECTION 112.313 PARENTHESES 12 FLORIDA STATUTE WAIVER OF PRIVATE PROVISION PROVISIONS OF SECTIONS ONE ONE, 2.313 PARENTHESES THREE AND 112.313 PARENTHESES SEVEN FLORIDA STATUTE. ON BEHALF OF JOE HIGH, AS A MEMBER OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE REGARDING HIS RELATIONSHIP WITH JOE BEER CONTRACTING, INC. AND ITS EXISTING SCOPE OF BUSINESS WITH THE CITY, INCLUDING TECHNICAL SUPPORT AND VARIOUS REPAIR MAINTENANCE SERVICE FOR THE REMAINDER OF FISCAL YEAR 2026. SECOND, WE HAVE A MOTION. 
          AND SECOND, ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? I VOTE AYE, AND THAT MOTION PASSES UNANIMOUSLY. MOVING ON TO ITEM NUMBER 17 B. THANK YOU MAYOR. SO THIS IS THE 
          [02:50:02]
REAPPOINTMENT OF TWO MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE. THE TERMS OF MICHAEL MILLER AND MR. HIGH WILL EXPIRE ON MAY 12TH. I KNOW THE AGENDA PACKAGE IS WRITTEN TO SAY THAT BOTH HAVE SUBMITTED AN APPLICATION, BUT AT THE TIME WE WERE CONFIDENT THAT HE WOULD REPLY, BUT WE HAVE NOT RECEIVED A AN UPDATED APPLICATION FOR MR. HIGH. HIS CURRENT APPLICATION, I BELIEVE, IS IN. DATED DECEMBER OF 2024. SO COUNCIL HAS GONE BOTH WAYS ON THIS IN THE PAST. YOU'VE ACCEPTED THE REAPPOINTMENT REQUEST OF SOMEONE WHO'S JUST REPLIED VERBALLY AND SAID NOTHING HAS CHANGED, AND WE'VE ALSO NOT REAPPOINTED PEOPLE WHO HAVEN'T SUBMITTED THIS REVISED APPLICATION. AND YOU'LL RECALL PREVIOUS DISCUSSIONS ABOUT THE BOARD MEMBER APPLICATION BEING REGULARLY UPDATED FOR THE EXACT REASON WE JUST DID. IN THE LAST ITEM TO CONSIDER CATCHING THOSE CONTRACTUAL RELATIONSHIPS THAT COME UP, ADDRESS CHANGES AND THINGS LIKE THAT. AND SO THE AFFORDABLE HOUSING ADVISORY COMMITTEE HAS A NUMBER OF CATEGORIES THAT NEED TO BE REPRESENTED. BOTH OF THESE MEMBERS SERVE IN ONE OF THOSE PARTICULAR CATEGORIES. THE MEMBERS AREN'T SUBJECT TO RESIDENCY REQUIREMENTS, AND THEREFORE IT'S COUNCIL'S CONSIDERATION ON THE REAPPOINTMENT OF MR. MILLER AND MR. HIGH AS REGULAR MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE. AND I'LL JUST NOTE WE DON'T HAVE ANY OUTSIDE APPLICATIONS TO TO SERVE ON THE BOARD AT THIS TIME. CAN WE JUST DO ONE? ABSOLUTELY. IT'S YOUR DISCRETION. SHOULD WE JUST DO. MR. MILLER, SINCE HE'S HE'S PUT HIS APPLICATION IN. SURE. I'M I'M OPEN TO THAT. I JUST HAD A QUESTION FOR KEVIN, BUT I'M OPEN TO THAT. YEAH. AND SO HE VERB THIS. THIS INDIVIDUAL VERBALLY TOLD YOU ALL THAT HE WANTS TO BE REAPPOINTED. NO, WE HAVEN'T HAD ANY CONTACT FROM HIM, TO MY UNDERSTANDING, FROM THE HOUSING STAFF THAT REACHED OUT TO HIM IN OUR ORIGINAL PROCESS TO TELL PEOPLE THEIR TERMS ARE UP. THERE WAS NO CONTACT MADE FROM FROM THEM. AND, AND WE'VE TRIED RECENTLY BEFORE THE AGENDA PACKAGE WAS PUBLISHED, TO CALL AND EMAIL AND ADVISE HIM THAT HIS TERM WAS UP AND WE NEEDED A NEW APPLICATION. WE'VE NOT RECEIVED ANYTHING FROM THEM AT THIS TIME. 
          I WANT TO MAKE THAT CLEAR. PERFECT. AND WITH ONE. GO AHEAD, MR. KEVIN. THIS IS AND THIS BOARD IS THE AFFORDABLE HOUSING ADVISORY COMMITTEE IS FIVE YEAR TERMS. IS THAT WHAT WHAT OUR THIS MINIMUM. YES, SIR. OKAY. SO THEY'RE COMING UP ON AT FIVE YEARS. YES, SIR. I SEE THAT WE JUST DO. MR. MILLER, AT THE MOMENT. CAN YOU MAKE A MOTION? I MAKE A MOTION FOR THE POINT, MR. MILLER. MICHAEL MILLER TO THE FOR AFFORDABLE HOUSING ADVISORY COMMITTEE. SECOND, HAVE A MOTION. SECOND, ALL THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? I VOTE AYE, AND THAT MOTION PASSES. SO I GUESS WE'LL JUST HAVE ONE VACANCY. WELL YES. WELL WITHOUT HIS REAPPOINTMENT WE'LL CONSIDER HIS TERM EXPIRED EFFECTIVE TODAY MAY 12TH. OKAY. ALL RIGHT. 
          [D. PETITIONS, REMONSTRANCES, AND COMMUNICATIONS]
GOOD. ALL RIGHT, ALL RIGHT. AT THE END, I'LL MOVE US TO PETITIONS. REMONSTRANCE. 
          COMMUNICATIONS WITH YOU, MR. NEWMAN? YEP. JUST ONE THING. THE MELBOURNE INDEPENDENCE DAY PARADE IS COMING UP ON THE 4TH OF JULY, WHICH IS A SATURDAY THIS YEAR, AND THE HONOREE WILL BE MR. BILL POTTER. MANY OF YOU MAY KNOW HIM FROM THE AIRPORT PORT AUTHORITY, AND HE HAS DESIGNATED THAT HE WANTS TO HIGHLIGHT THE GREAT WORK THAT I BELIEVE IT'S HEALTH FIRST DEMENTIA SERVICES DOES. SO IF ANYONE'S INTERESTED IN BEING INVOLVED WITH THE PARADE, FEEL FREE TO LET ME KNOW OR REACH OUT TO THE CITY CLERK'S OFFICE. THEY'RE HAPPY TO HELP YOU TO GET CONNECTED. OKAY. WITH THAT, FIRST AND FOREMOST, I WANT TO SAY I HOPE THAT EVERYBODY, ALL THE MOTHERS HAD A HAPPY MOTHER'S DAY. YEAH. AND I WENT TO THE. SORRY, THAT WAS DISTRACTING. IT MOVED. SO I WENT TO THE, THE POLICE MEMORIAL CEREMONY THE OTHER DAY. 
          IT WAS VERY MOVING. THE RELEASE OF THE DOVE BY THE WIDOW HERE ON THE UPDATED STATS OF HOW MANY OFFICERS HAVE BEEN KILLED THIS YEAR. AND IT WAS ON A POSITIVE NOTE BECAUSE IT'S LESS THAN THE OTHER YEARS, BUT STILL WAY TOO HIGH. SO THAT PART WAS STILL SAD TO HEAR, BUT IT WAS STILL VERY MOVING CEREMONY. THAT'S ALL I HAVE. THANK YOU, MISS HANLEY. I WENT TO THE DISTRICT FIVE SAFETY SUMMIT AT LAVENDER FARMS IN SAINT CLOUD, AND WE HAD TO DO DIFFERENT TYPE OF ACTIVITIES WHILE WE WERE AT THE SUMMIT OF DISTRACTED DRIVING AND DROPPING. YOU HAD TO DO WITH SOMEBODY ELSE'S DROP A THING AND CATCH IT. THE OTHER PERSON HAD TO CATCH IT. THEN YOU HAD TO SAY YOUR NAME, SPELL YOUR NAME BACKWARDS, AND TRY TO CATCH THE FALLING STARFISH AND SEE IF YOU COULD CATCH THAT. YEAH. TO SHOW THAT HOW YOU COULD GET DISTRACTED, HOW THE DISTRACTION BECAUSE THEY'RE DOING WHAT THEY CALL VISION ZERO. AND THERE WAS THE THIRD ONE. I DON'T YOU HAD TO SAY SOMETHING ELSE AND DO IT AND IT WOULD SHOW YOU YOU CAN'T HOW YOU THINK YOU CAN DO EVERYTHING AND NOT DO EVERYTHING. CAPE CANAVERAL GOT A AWARD FOR BECAUSE IT WAS ONE OF THE NINE COUNTIES WERE WERE THERE. CAPE CANAVERAL GOT ONE BECAUSE THEY 
          [02:55:05]
HAVE CROSSINGS WHERE THEY HAVE THE FRIDAY FUN FEST OR WHATEVER THEY CALL THEIR DOWNTOWN THINGS. 
          AND IT'S NOT THEY ONLY HAVE THESE CROSSINGS AT WHEN THEY'RE DOING THEIR FUN FEST ON THOSE FRIDAYS WITH, WITH THE COUNTY COUNTY DOING THEIR PART IN THERE. SO THAT WAS A BIG DEAL. 
          THAT WAS VERY INTERESTING TYPE OF THINGS. AND SEEING DIFFERENT SAFETY, DIFFERENT SAFETY THINGS WITH THE ALL THESE DIFFERENT GROUPS. SO I THINK THAT'S THE ONLY THING. I DID SOMETHING ELSE, BUT I CAN'T REMEMBER RIGHT AT THE MOMENT. SO BUT THAT'S THE BIG ONE. MR. SMITH YES, I MENTIONED, BUT I DID BREVARD PROSPERITY INITIATIVE PANEL DISCUSSION WITH SHERIFF WAYNE IVEY. IT WAS HELD AT WINGS OF GRACE LAST FRIDAY. IT WAS REALLY GOOD. LEARNED A LOT ABOUT SOME OF THE PROGRAMS THAT THE SHERIFF DOES AS FAR AS RECIDIVISM AND ALSO BEING PROACTIVE, THINGS THAT WE COULD DO TO HELP. IT WAS IT WAS ABOUT JUSTICE. SHERIFF DID A PHENOMENAL JOB, AND SOME OF THE QUESTIONS FROM THE GROUP WAS REALLY GOOD. AS WE ENTER INTO MEMORIAL DAY, THAT'S GOING TO COME UP. I'M LOOKING FOR A SPEAKER. IF ANYONE WOULD LIKE TO SUGGEST ANYONE FOR MEMORIAL DAY CEREMONY AT THE AMERICAN LEGION POST 191, WE'RE TRYING TO FIND SOMEONE NOW, SO IF YOU HAVE ANY VETERANS, SOMEBODY YOU WOULD RECOMMEND, PLEASE LET ME KNOW. I'LL DO IT. OH, I'LL DO IT. OKAY. ABSOLUTELY. I THINK THEY'RE GREAT. ABSOLUTELY. 
          GREAT. I'LL DO THAT. ANYTHING ELSE? OH, HEY, SOMEONE TAKE NOTE. JUST KNOW THAT'S GREAT. A FEW QUICK THINGS. THE GOOD, BAD AND UGLY OF OUR DISTRICTS. I GUESS MAYBE I'M THE ONLY ONE GOING TO COME UP WITH IT TONIGHT. THE GOOD IS THAT RIVERSIDE IS IS BACK OPEN AGAIN, SO COME ON OVER AND TRAVEL IT. BUT NOT FOR LONG. IT'S GOING TO BE CLOSED AGAIN PRETTY SOON, IN ABOUT ANOTHER WEEK OR SO FROM WHAT I UNDERSTAND. SO THAT'S THE THAT'S THE UGLY PART OF IT. 
          THE REALLY GOOD PART OF MY DISTRICT, THOUGH, IS, IS THAT IT'S A IT'S A SEA TURTLE MATING SEASON FROM MARCH TO NOVEMBER. OF COURSE, THE LIGHTS WILL BE DIMMED ALONG THE ALONG THE BEACH WAYS. BUT THE MOST PREVALENT TIME IS MAY 1ST TILL OCTOBER. AND SOME OF THE THINGS THAT YOU SEE OUT THERE, IF YOU JUST HAPPEN TO GO ON OUT AND HANG AT THE DUNES OR WHATEVER, YOU KNOW, KIND OF LIKE WEIRD GUYS LIKE ME JUST HANGING AROUND THE DUNES, YOU KNOW? SO JUST BE CAREFUL. BUT BUT BUT BUT, BUT IT'S A LOT OF FUN. AND I THINK THAT'S ONE OF THE MOST POSITIVE THINGS THAT WE CAN OFFER AS A COASTAL TOWN IS TO INVITE OUR, OUR RESIDENTS TO GO ON OUT THERE. I WANT TO THANK ALSO THE, FOR THE FOR THE NEW LOCATION DOWNTOWN O'GALLEY WE DID TONIGHT THE ORDINANCE FOR THE CONDITIONAL USE PERMIT. I TOOK THE GRANDKIDS TO GREEN GABLES, THE POLICE MEMORIAL. THERE. POLICE AND FIREFIGHTERS. SO WE ATE SNOW CONES AND PLAYED CORNHOLE AND AND DID THINGS THAT FIVE AND NINE YEAR OLDS DO. THAT WAS PRETTY COOL. AND THEN THAT'S ABOUT ALL I GOT FOR TODAY. THANKS. APPRECIATE IT. ALL RIGHT. EXCELLENT. ALL RIGHT. 
          VICE MAYOR. I HAVE A FEW THINGS. NUMBER ONE, I AS WELL WENT TO THE POLICE MEMORIAL CEREMONY AT THE POLICE DEPARTMENT. AND I JUST WANT TO THANK EVERYONE AND STAFF AND THE POLICE OFFICERS AT THE MELBOURNE POLICE DEPARTMENT. THEY PUT ON A GREAT SERVICE. THE RETIRED OFFICERS THAT WERE THERE TO HONOR JOE PELLICANO AND ALL THE OTHER OFFICERS THAT HAVE DIED IN THE LINE OF DUTY ALL AROUND OUR STATE AND OUR COUNTRY. AND I WANT TO THANK MISS BASSETT FOR BEING THERE ON BEHALF OF THE FAMILY. THANK YOU. WE VERY MUCH APPRECIATE IT. AND IT'S JUST AMAZING THAT MARION COMES EVERY SINGLE YEAR. AND SHE WAS HERE TONIGHT AS WELL. SHE STILL SUPPORTS THE MELBOURNE POLICE DEPARTMENT, SO KUDOS TO HER. THE OTHER THING IS THAT LAST NIGHT AT THE LEAGUE OF CITIES MEETING, JUNIOR ACHIEVEMENT WAS THERE AS THE GUEST SPEAKER. AND I DIDN'T KNOW THAT THE THIRD GRADE PROGRAM FOR JUNIOR ACHIEVEMENT IS CIVIC DUTY AND HOW THE GOVERNMENT WORKS AND THINGS, AND THEY WERE ASKING FOR VOLUNTEERS TO GO IN MAYBE A DAY AND JUST TALK ABOUT WHAT WE DO. I'VE ALREADY DONE IT AT MY SCHOOL TO GO INTO THEIR POLITICAL SCIENCE CLASS AND TALK TO THEM ABOUT WHAT I DO AND THINGS LIKE THAT. BUT JUST A THOUGHT OUT THERE, IF SOMEBODY DOESN'T HAVE ANYTHING TO DO, YOU KNOW, GO VOLUNTEER IN A THIRD GRADE CLASSROOM FOR ONE OF THEIR PROGRAMS. THE OTHER THING, GOOD, BAD AND THE UGLY. MR. LARUSSO, DISTRICT SIX DOESN'T HAVE ANY UGLY EXCEPT FOR EXCEPT FOR. WE DO HAVE. 
          DISTRICT SIX IS VERY RESIDENTIAL. WE DO HAVE, YOU KNOW, ONE COMPLEX OF. STORES AND RESTAURANTS AND THINGS LIKE THAT. THE GOOD THING IS THAT OUR BURGER KING THAT DEMOED AND 
          [03:00:02]
CAME BACK UP ONLY TOOK A FEW MONTHS. SO I WAS LIKE, WOW, IT ONLY TOOK A FEW MONTHS. SO IF ANYBODY HAS SOME TIME AND GETS HUNGRY, GO TO OUR BRAND NEW BURGER KING ON LAKE WASHINGTON AND WICKHAM. BUT PART OF THE UGLY AND THE GOOD, WE HAVE A FEW RESIDENTIAL AREAS OFF LAKE WASHINGTON THAT HAS BEEN SITTING THERE FLOODING FOR VERY MANY YEARS, AND IT'S NOW ON THE BOOKS, AND THAT PROJECT IS GETTING STARTED. SO IN KINGSVILLE AND LONGWOOD. SO THERE WE GO. A LITTLE BIT BAD, A LITTLE BIT GOOD, LONG TIME, A LONG TIME. NO MORE BACKSTROKE. 
          NO MORE. YEAH. GET ALL THE DUCKS OFF TO FIND ANOTHER POND. ANYTHING ELSE FROM ANYBODY ELSE?
* This transcript was compiled from uncorrected Closed Captioning.