THURSDAY. December 1, :00 P.M. City Hall Council Chambers

Transcription

1 Mayor WILLIAM CAPOTE Deputy Mayor HARRY SANTIAGO, JR. 120 Malabar Road, SE - Palm Bay, FL ( ) Councilmembers TRES HOLTON JEFF BAILEY BRIAN ANDERSON CALL TO ORDER: INVOCATION: REGULAR COUNCIL MEETING NO THURSDAY PLEDGE OF ALLEGIANCE: ROLL CALL: December 1, :00 P.M. City Hall Council Chambers ANNOUNCEMENTS: 1. One (1) vacancy on the Enterprise Zone Development Agency (represents local business position) One (1) term expiring on the Enterprise Zone Development Agency (represents at-large position) Two (2) terms expiring on the Local Road Advisory Board (represents at-large position).+ AGENDA REVISIONS: CONSENT AGENDA: There will be no separate discussion on those items listed under Consent Agenda (indicated with asterisks(*)). They will be enacted by the City Council on one motion. If discussion is desired by the City Council, that item will be removed from the Consent Agenda by Council and will be considered in the order that it appears on the agenda. PROCLAMATION: 1. Family Christmas Extravaganza Day December 17, ADOPTION OF MINUTES: * 1. Special Council Meeting No ; November 1, * 2. Regular Council Meeting No ; November 3, * 3. Regular Council Meeting No ; November 17, * 4. Special Council Meeting No ; November 21, PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) Public comments will be heard by the City Council on non-agenda issues. Speakers must complete Public Comment Cards (orange) and are limited to 3 minutes each. THIS MEETING IS BROADCAST LIVE ON THE CITY'S WEBSITE AND TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL.

2 City of Palm Bay, Florida Regular Council Meeting No Agenda December 1, 2016 Page 2 of 3 PUBLIC HEARINGS: 1. Ordinance No , rezoning property located at the northwest corner of Mariposa Drive and Port Malabar Boulevard, from RS-2 (Single-Family Residential District) to NC (Neighborhood Commercial District) (1.00 acre)(case No. CPZ , City of Palm Bay), final reading. 2. Resolution No , granting a conditional use for a planned industrial development (business park) in LI (Light Industrial and Warehousing District) zoning (5.20 acres)(case No. CU , The Hady Family Limited Partnership) (CONTINUED FROM RCM 11/17/16). 3. Ordinance No , rezoning property located east of and adjacent to Clearmont Street, in the vicinity north of Mandarin Drive from RM-20 (Multiple-Family Residential District) to RM-15 (Single-, Two-, Multiple-Family Residential District) (3.52 acres) (Case No. Z , Fred Boozer, Jr.), first reading. 4. Ordinance No , amending the City s Comprehensive Plan Future Land Use Element related to Urban Service Boundaries, Capital Improvements Element, Transportation Element Map Series, and Transportation Element Policy tc-1.4f (Case No. CP , City of Palm Bay), only one reading required. 5. Ordinance No , amending the Code of Ordinances, Chapter 51, in order to revise procedures within sections contained therein (Case No. T , City of Palm Bay), first reading. 6. Ordinance No , amending the Code of Ordinances, Chapter 170, in order to revise certain provisions contained therein (Case No. T , City of Palm Bay), first reading. 7. Ordinance No , amending the Code of Ordinances, Chapter 179, by including provisions for roadway surfacing (Case No. T , City of Palm Bay), first reading. 8. Ordinance No , amending the Code of Ordinances, Chapter 185, in order to revise certain provisions contained therein (Case No. T , City of Palm Bay), first reading. 9. Request by Harold Fahs for a variance to allow a proposed concrete carport to encroach the 25-foot side corner setback by a maximum of eleven (11) feet in RS-2 (Single-Family Residential District) zoning (0.26 acres)(case No. V ). 10. Request for a conditional use to allow proposed construction of twenty-eight (28) multifamily residential units known as Clearmont Trace in RM-15 (Single-, Two-, Multiple- Family Residential District) zoning (3.52 acres)(case No. CU , Fred Boozer, Jr.). (RESCHEDULED TO RCM 12/15/16) 11. Request by Johnny Imes for a variance to allow a proposed accessory structure (free-standing garage) to encroach the 25-foot side corner setback by a maximum of eight (8) feet in RS-2 (Single-Family Residential District) zoning (0.26 acres)(case No. V ). (WITHDRAWN) PROCUREMENTS: Award of Proposal: * 1. Surface aerator replacement, North Regional Wastewater Treatment Plant RFP No Utilities Department (L7 Construction, Inc. - $578,700). THIS MEETING IS TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL AND IS BROADCAST LIVE ON THE CITY'S WEBSITE.

3 City of Palm Bay, Florida Regular Council Meeting No Agenda December 1, 2016 Page 3 of 3 Miscellaneous: * 1. Backup Programmable Logic Controllers, bypass switches and services for SCADA system, South Regional Water Treatment Plant Utilities Department (Santis Engineering, Inc. - $157,329). COUNCIL REPORTS: NEW BUSINESS: (Ordinance is for first reading.) * 1. Ordinance No , amending the Fiscal Year budget by appropriating and allocating certain monies (first budget amendment). * 2. Consideration of utilizing Recreation Impact Fees for an accessibility audit of Palm Bay parks ($40,000). * 3. Consideration of a collective bargaining agreement with the National Association of Government Employees, Local R (White). * 4. Consideration of the City s state and federal legislative priorities. 5. Consideration of councilmembers serving as representatives to other agencies/ organizations. ADMINISTRATIVE AND LEGAL REPORTS: PUBLIC COMMENTS/RESPONSES: Speakers are limited to 3 minutes. ADJOURNMENT: Quasi-judicial proceeding. Councilmembers who are members of the Space Coast Transportation Planning Organization (TPO) may discuss TPO issues which may subsequently be addressed by the TPO. If an individual decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, a record of the proceedings will be required and the individual will need to ensure that a verbatim transcript of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based (FS ). Such person must provide a method for recording the proceedings verbatim. Any aggrieved or adversely affected person desiring to become a party in the quasi-judicial proceeding shall provide written notice to the City Clerk which notice shall, at a minimum, set forth the aggrieved or affected person's name, address, and telephone number, indicate how the aggrieved or affected person qualifies as an aggrieved or affected person and indicate whether the aggrieved or affected person is in favor of or opposed to the requested quasi-judicial action. The required notice must be received by the Clerk no later than five (5) business days at the close of business, which is 5 p.m., before the hearing. ( 59.03, Palm Bay Code of Ordinances). In accordance with the Americans with Disabilities Act, persons needing special accommodations for this meeting shall, at least 48 hours prior to the meeting, contact the Office of the City Clerk at (321) or Florida Relay System at 711. THIS MEETING IS TELEVISED ON THE SPACE COAST GOVERNMENT TV CHANNEL AND IS BROADCAST LIVE ON THE CITY'S WEBSITE.

4 MEMO TO: FROM: DATE: SUBJECT: Honorable Mayor and Members Terese M. Jones, City Clerk December 1, 2016 Two (2) Term Expiring - Local Road Advisory Board The terms of Don Jordan and Jonathan Piper on the above subject board will expire on December 31, Mr. Jordan and Mr. Piper represent the "at-large" positions. The positions need to be announced and applications solicited at tonight's meeting. An appointment will be made at the regular Council meeting to be held on January 5, If you should have any questions, please advise. /jcd

5 CITY OF PALM BAY, FLORIDA SPECIAL COUNCIL MEETING NO Held on Monday, the 1 st day of November 2016, at the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Office of the City Clerk, City Hall, Palm Bay, Florida. The meeting was called to order at the hour of 6:30 P.M. ROLL CALL: MAYOR: William Capote Absent DEPUTY MAYOR: Jeff Bailey Present COUNCILMEMBER: Michele Paccione Absent COUNCILMEMBER: Harry Santiago Jr. Present COUNCILMEMBER: Tres Holton Present CITY MANAGER: Gregg Lynk Present CITY ATTORNEY: Andrew Lannon Present CITY CLERK: Terese Jones Absent Also present were Pete Sweeney, Deputy City Attorney; court reporter. BUSINESS: 1. Attorney-client session scheduled to discuss the following pending litigation to provide the City Attorney/Attorneys advice concerning settlement negotiations or strategy related to litigation expenses: a) Virginia Lynn Reed versus Low Gravity, Inc. d/b/a Graffiti Skate Park and City of Palm Bay (Case No CA ) The Deputy Mayor announced the names of the individuals who would be in attendance at the session. He stated the session would last approximately one (1) hour. The City Council moved to the City Attorney s Conference Room to hold the attorney-client session and returned to the Council Chambers at the conclusion of same. ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 7:15 P.M. ATTEST: Jeff Bailey, DEPUTY MAYOR Terese M. Jones, CITY CLERK

6 CITY OF PALM BAY, FLORIDA REGULAR COUNCIL MEETING NO Held on Thursday, the 3 rd day of November 2016, at the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Office of the City Clerk, City Hall, Palm Bay, Florida. The meeting was called to order at the hour of 7:04 P.M. Richard Spellman, resident, gave the invocation, which was followed by the Pledge of Allegiance to the Flag. ROLL CALL: MAYOR: William Capote Absent DEPUTY MAYOR: Jeff Bailey Present COUNCILMEMBER: Michele Paccione Present COUNCILMEMBER: Harry Santiago, Jr. Present COUNCILMEMBER: Tres Holton Present CITY MANAGER: Gregg Lynk Present CITY ATTORNEY: Andrew Lannon Present DEPUTY CITY CLERK: Terri Lefler Present CITY STAFF: Present was Stuart Buchanan, Growth Management Director; Barney Weiss, Assistant Public Works Director. ANNOUNCEMENTS: Councilwoman Paccione announced the following vacancy and solicited applications for same: 1. One (1) vacancy on the Enterprise Zone Development Agency (represents local business position).++ AGENDA REVISIONS: There were no agenda revisions. CONSENT AGENDA: All items of business marked with an asterisk were considered under Consent Agenda and enacted by the following motion:

7 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 2 of 14 Motion by Mrs. Paccione, seconded by Mr. Santiago, that the Consent Agenda be approved as presented with the removal of Item No 3, under New Business, from consent. Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. RECOGNITIONS AND PROCLAMATION: Individuals were recognized and the proclamation was read and presented. 1. Volunteer Program (one (1) year of service as City boardmember): a) Bayfront Community Redevelopment Agency Stephen Borowski; b) Community Development Advisory Board Alan Borkowski. 2. National Geographic Information System Day November 16, PRESENTATION: 1. Stuart Buchanan, Growth Management Director, and Jarvis Middleton, Public Works Director Interchange and connecting roadway update. Mr. Buchanan provided an update on the Interchange and connecting roadway. He explained the purpose of creating the St. Johns Heritage Parkway, which provided traffic relief from Interstate 95. ADOPTION OF MINUTES: * 1. Regular Council Meeting No ; October 18, The minutes, considered under Consent Agenda, were approved as presented. PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) Individuals commented on various issues. 1. Bruce Morgan presented a video on the collapse of World Trade Center Building No. 7 on September 11, 2001, and described how the collapse was covered up. Mr. Morgan requested that Council adopt a resolution to support re-opening an investigation into the collapse of World Trade Center Building No Russell Dejaiffe, resident, expressed disappointment in Waste Management, both the contract and their lack of response. He asked who was responsible for Waste Management s lack of response.

8 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 3 of Michael Emery received an from the Parks and Recreation Department with regard to the Palm Bay Marina which stated that all tenants were to remove their vessels from the marina. He said there were many tenants that paid their rent on time, but requested more time for tenants to relocate their boats. He requested a meeting with staff to find a solution to the matter. 4. David Wills, resident, asked how abandoned, vacant homes were being handled by the City. He wanted to know what the City had done to accelerate the handling of the problem due to the loss of revenue to the city. 5. Bill Battin, resident, commented on the process of debris pick-up by Waste Management. He said Waste Management was picking up from certain homes and leaving the debris at others. He was advised by Waste Management that new yard debris would not be collected until all the storm debris was collected. Deputy Mayor Bailey inquired about the contractual obligations of Waste Management. Mr. Lynk explained that Waste Management would pick-up new yard debris if it was placed in trash containers on scheduled trash days. Mr. Weiss explained there was a stipulation in the Waste Management contract which stated they were not responsible to pick up regular yard debris once there was an emergency situation. However, Waste Management had been working with City staff and decided that they would pick up yard debris if it was placed in trash containers and put out on the customer s regularly scheduled trash day. Mr. Weiss provided statistics on the storm debris to date. PUBLIC HEARINGS: 1. Ordinance No , amending the Code of Ordinances, Chapter 184, Subdivisions, in order to allow residential flag lots (Case No. T , City of Palm Bay), final reading. The City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to Council. The public hearing was closed. Motion by Mr. Holton, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 2. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 16, Block 1704, Port Malabar Unit 36 (Case No. VE , Dwight Sliger), final reading.

9 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 4 of 14 The City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments. Motion by Mr. Santiago, seconded by Mrs. Paccione, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 3. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lots 6 and 7, Block 55, Port Malabar Unit 4 (Case No. VE , Julie Bauer), first reading. The City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to Council. The public hearing was closed. Motion by Mrs. Paccione, seconded by Mr. Holton, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 4. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 14, Block 1845, Port Malabar Unit 39 (Case No. VE , Craig Kratzer), first reading. The City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to Council. The public hearing was closed. Motion by Mr. Holton, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 5. Ordinance No , amending the Code of Ordinances, Chapter 202, Reclaimed Water, in order to revise procedures (Case No. T , City of Palm Bay), first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to City Council. The public hearing was closed. Motion by Mr. Holton, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea.

10 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 5 of Ordinance No , amending the Code of Ordinances, Chapter 184, Subdivisions, in order to revise certain procedures (Case No. T , City of Palm Bay), first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to City Council. He answered questions posed by councilmembers. The public hearing was closed. Motion by Mr. Holton, seconded by Mrs. Paccione, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 7. Ordinance No , amending the Code of Ordinances, Chapter 185, Zoning Code, in order to provide for Regional Transportation Centers and revise certain provisions (Case No. T , City of Palm Bay), first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to City Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Mr. Holton, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 8. Ordinance No , amending the Code of Ordinances, Chapter 185, Zoning Code, in order to revise certain standards related to architectural style requirements (Case No. T , City of Palm Bay), first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to City Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Mrs. Paccione, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea.

11 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 6 of Ordinance No , amending the City s Comprehensive Plan Future Land Use Map to change the designated use of property located in the vicinity southwest of the intersection of Jupiter Boulevard and San Filippo Drive, from Recreation Open Space Use to Multiple Family Residential Use (0.27 acres)(case No. CP , San Filippo Cove, Inc.), only one reading required. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to City Council. Angela Moore, resident, spoke against the request. She resided on Jupiter Boulevard and had a very difficult time getting out of her driveway in the morning hours between 7:15 a.m. and 8:00 a.m. She said the roadway was not designed for the amount of existing traffic and a multi-family development would make it worse. She asked that the City look at the area during those hours and that the City perform a traffic study on that road to determine the impact on the neighborhood. Mr. Buchanan explained that the excess traffic was generated by the local college, which caused a great strain on the roadway and the highway interchange. He said that the purpose of the application was to provide student housing within close proximity to the college. In addition, many students living in the housing may walk rather than drive. He advised that a traffic study would be performed. The public hearing was closed. Motion by Mr. Holton, seconded by Mr. Santiago, to adopt Ordinance No Mr. Holton commented that when the southern interchange opened, much of the traffic should dissipate. Mr. Santiago said the parkway should alleviate traffic as well. Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 10. Ordinance No , rezoning property located in the vicinity southwest of the intersection of Jupiter Boulevard and San Filippo Drive from RM-10 (Single-, Two-, and Multiple-Family Residential District) to RM-20 (Multiple-Family Residential District) (18.94 acres)(case No. CPZ , San Filippo Cove, Inc.), first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to City Council. Mr. Buchanan provided further details on the request. The public hearing was closed.

12 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 7 of 14 Motion by Mr. Santiago, seconded by Mr. Holton, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 11. Ordinance No , amending the City s Comprehensive Plan Future Land Use Element related to the density cap for Policy 8.31, Palm Vista (1,698 acres)(case No. CP , Len-Palm Vista, LLC), only one reading required. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to City Council. Mr. Buchanan provided further details on the request. Bill Battin, resident, said there was enough land to support the project, but asked how the City would incorporate the needs of the development, i.e. infrastructure, emergency services, code enforcement, etc., into an already strained budget. Mr. Buchanan answered that the new homes would actually support all necessary services. Mr. Holton said that impact fees would assist in offsetting infrastructure improvement costs. Mr. Buchanan confirmed same. The public hearing was closed. Motion by Mr. Santiago, seconded by Mrs. Paccione, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 12. Ordinance No , rezoning property located north of and adjacent to Jaslo Street, in the vicinity between Bloke Avenue and San Filippo Drive from RM-10 (Single-, Two-, and Multiple-Family Residential District) to RM-20 (Multiple-Family Residential District) (9.63 acres)(case No. Z , Alliance Palm Bay, LLC), first reading. The Planning and Zoning Board recommended that the request be approved. The City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to City Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Mr. Holton, to adopt Ordinance No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea.

13 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 8 of Resolution No , granting a conditional use for a proposed retail store occupying more than 5,000 square feet of gross floor area in NC (Neighborhood Commercial District) zoning (1.56 acres)(case No. CU , Equitas Capital Advisors, LLC). The Planning and Zoning Board recommended that the request be approved. The City Attorney read the resolution in caption only. The public hearing was opened. The applicant presented the request to City Council. Mr. Buchanan advised that a cross access would be required with the adjacent gas station. The public hearing was closed. Motion by Mrs. Paccione, seconded by Mr. Santiago, to adopt Resolution No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 14. Resolution No , granting a conditional use for a planned industrial development (business park) in LI (Light Industrial and Warehousing District) zoning (5.20 acres)(case No. CU , The Hady Family Limited Partnership). The Planning and Zoning Board recommended that the request be approved. The City Attorney read the resolution in caption only. The public hearing was opened. As the applicant was not present, Council concurred to table the item. The public hearing was closed. Motion by Mr. Santiago, seconded by Mrs. Paccione, to table the item to the November 17, 2016, regular Council meeting. Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 15. Resolution No , granting a conditional use for proposed retail automotive gas/fuel sales in CC (Community Commercial District) zoning (1.50 acres)(case No. CU , Sunshine Petro, Inc.). The Planning and Zoning Board recommended that the request be approved. The City Attorney read the resolution in caption only. The public hearing was opened. The applicant presented the request to City Council. Cheryl Fetterhoff, resident, was not against the request, but wanted Council to be aware of how dangerous that intersection was, and the need for a traffic signal and additional

14 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 9 of 14 lighting. Mr. Buchanan advised that the project was fully funded at the County level, the road would be aligned and signalization had already been budgeted. The public hearing was closed. Motion by Mr. Santiago, seconded by Mr. Holton, to adopt Resolution No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 16. Resolution No , granting a conditional use for proposed retail automotive gas/fuel sales in CC (Community Commercial District) zoning (1.43 acres)(case No. CU , Cumberland Farms, Inc.). The Planning and Zoning Board recommended that the request be approved. The City Attorney read the resolution in caption only. The public hearing was opened. The applicant presented the request to City Council. The public hearing was closed. Motion by Mr. Holton, seconded by Mr. Santiago, to adopt Resolution No Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 17. Request by Cumberland Farms, Inc. for a variance to allow proposed retail automotive gas/fuel sales to encroach the 10-foot side-corner parking setback and to reduce the minimum number of required parking spaces in CC (Community Commercial District) zoning (1.43 acres)(case No. V ). The Planning and Zoning Board recommended that the request be approved. The public hearing was opened. The applicant presented the request to City Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Mrs. Paccione, to approve the request. Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 18. Request by Louis Prophete for a variance to allow a proposed accessory structure (existing shed) to encroach the 25-foot side-corner setback in RS-2 (Single- Family Residential District) zoning (0.26 acres)(case No. V ). The Planning and Zoning Board recommended that the request be approved. The public hearing was opened. The applicant presented the request to City Council. The public hearing was closed.

15 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 10 of 14 Motion by Mrs. Paccione, seconded by Mr. Santiago, to approve the request. Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 19. Request by KEW, LLC, for a final Planned Unit Development (PUD) for a selfstorage facility within the Bayside Lakes Office Park PUD, which property is located south of and adjacent to Bayside Lakes Boulevard, in the vicinity east of Eldron Boulevard (5.08 acres)(case No. PUD ). The Planning and Zoning Board recommended that the request be denied. The public hearing was opened. Philip Knorr, attorney and representative for the applicant, presented the request to City Council. Mr. Holton asked if U-Haul trucks would be located on the property. Mr. Knorr answered in the negative. Councilman Santiago asked about the style of the sign. Mike Erdman said there was an existing monument sign that would be utilized. A speaker commented that he has always been impressed with the beauty of Bayside Lakes Drive and was disappointed when he heard of the plans for the request. He mentioned that Planning and Zoning Board recommended denial of the request. Mr. Knorr responded to the comment and stated there were no self-storage facilities in the Bayside area. An individual spoke against the request stating that a storage facility was not compatible with the area due to the location. The public hearing was closed. Motion by Mr. Holton, seconded by Mr. Santiago, to approve the request. Councilmembers supported the request and stated their reasons for same. Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 20. Request by Harold W. Fahs for a variance to allow a proposed concrete carport to encroach the 25-foot side-corner setback in RS-2 (Single-Family Residential District) zoning (0.26 acres)(case No. V ) (RESCHEDULED TO P&Z 11/2/16). 21. Request by Johnny Imes for a variance to allow a proposed accessory structure (detached garage) to encroach the 25-foot side-corner setback in RS-2 (Single- Family Residential District) zoning (0.26 acres)(case No. V ) (RESCHEDULED TO P&Z 11/2/16).

16 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 11 of 14 PROCUREMENTS: Award of Proposals: * 1. Building service, inspection and plan review, continuing consultant services RFP No Growth Management Department (GFA International, Inc. - $91,520). Staff Recommendation: Approve the award for building services, inspection and plan review to GFA International, Inc., St. Lucie, in the amount of $91,520; and authorize the Chief Procurement Officer or designee to negotiate a final agreement for services. The item, considered under Consent Agenda, was approved as recommended by City staff. Contract: * 1. Debris removal/disaster recovery and debris monitoring, pre-positioned emergency contracts Public Works Department/Office of the City Manager (Ceres Environmental Services - $1,120,992; Thompson Consulting Services - $70,487). Staff Recommendation: Authorize payment of emergency expenditures incurred as a result of Hurricane Matthew to Ceres Environmental Services, Inc. in the amount of $1,120,991.80, and Thompson Consulting Services in the amount of $70, The item, considered under Consent Agenda, was approved as recommended by City staff. Miscellaneous: * 1. Software and maintenance support, purchasing authority Communications and Information Technology Department (Sungard/H.T.E. up to $305,832). Staff Recommendation: Approve purchasing authority of up to $305,832 for Sungard/H.T.E. software and services. The item, considered under Consent Agenda, was approved as recommended by City staff. * 2. Other Agency contracts, portable and mobile radio packages (Brevard County contract) Fire Department (Communications International - $114,113 (sole source)); authorization to surplus existing mobile radios ($6,045).

17 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 12 of 14 Staff Recommendation: Approve the sole source purchase of portable and mobile radio packages based on Brevard County pricing agreement from Communications International, Vero Beach, in the amount of $114,112.81; and authorize the surplus of thirty-one (31) obsolete radios for trade-in credit in the amount of $6,045. The item, considered under Consent Agenda, was approved as recommended by City staff. * 3. Other Agency contracts, contracted seasonal recreation worker services (Brevard County contract) Parks and Recreation Department (AUE Staffing, Inc. $238,752). Staff Recommendation: Approve the utilization of Brevard County contract for contracted seasonal recreation worker services with AUE Staffing, Inc., Melbourne, in the amount of $238,752. The item, considered under Consent Agenda, was approved as recommended by City staff. COUNCIL REPORTS: Councilmembers addressed various subject matters. NEW BUSINESS: (Ordinances are for first readings.) * 1. Resolution No , adopting the Title VI/Nondiscrimination Policy and Plan. The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. * 2. Resolution No , renaming Palm Bay Regional Park as Fred Poppe Regional Park. The City Attorney read the resolution in caption only. The resolution was approved under Consent Agenda. 3. Ordinance No , creating a dedicated funding source to implement an Economic Development Plan for the "High Tech Corridor". The City Attorney read the ordinance in caption only.

18 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 13 of 14 Councilman Santiago said that he was excited about the High Tech Corridor but had some questions before making a final decision. He asked that the item be tabled in order to meet with staff. Mr. Lannon suggested utilizing outside counsel. Deputy Mayor Bailey suggested a workshop. Mr. Anderson stated the item was not time-sensitive. Council voted to table the item later in the meeting after Item No. 6, under New Business. * 4. Ordinance No , amending the Fiscal Year budget by appropriating and allocating certain monies (fifth budget amendment). The City Attorney read the ordinance in caption only. The ordinance was approved under Consent Agenda. * 5. Consideration of amending the existing Interlocal Agreement with Brevard County for emergency repair of traffic signals. Staff Recommendation: Approve amending the existing Interlocal Agreement with Brevard County for emergency repair of traffic signals. The item, considered under Consent Agenda, was approved as recommended by City staff. 6. Consideration of scheduling a special Council meeting to certify the November 8, 2016, regular municipal election results; administering oath of office to elected officials. Council concurred to schedule a special Council meeting to certify the November 8, 2016, regular municipal election results and administering the oath of office to elected officials for Monday, November 21, 2016, at 6:30 P.M. 3. Ordinance No , creating a dedicated funding source to implement an Economic Development Plan for the "High Tech Corridor". Motion by Mr. Santiago, seconded by Mrs. Paccione, to table the item. It would be brought back for Council s consideration after a workshop was held. Motion carried with members voting as follows: Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. ADMINISTRATIVE AND LEGAL REPORTS: There were no reports.

19 City of Palm Bay, Florida Regular Council Meeting No Minutes November 3, 2016 Page 14 of 14 PUBLIC COMMENTS/RESPONSES: 1. Bill Rettinger, resident, asked Council if they were planning to sell Palm Bay Utilities. He said it was an asset to the City and selling it would not be a wise decision as it was the City s only money maker. ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 10:41 P.M. ATTEST: Jeff Bailey, DEPUTY MAYOR Terri J. Lefler, DEPUTY CITY CLERK * Identifies items considered under the heading of Consent Agenda. Indicates quasi-judicial proceeding. Indicates item was considered out of sequence or added to the agenda.

20 CITY OF PALM BAY, FLORIDA REGULAR COUNCIL MEETING NO Held on Thursday, the 17 th day of November 2016, at the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Office of the City Clerk, City Hall, Palm Bay, Florida. The meeting was called to order at the hour of 7:02 P.M. Richard Spellman, resident, gave the invocation, which was followed by the Pledge of Allegiance to the Flag. ROLL CALL: MAYOR: William Capote Present DEPUTY MAYOR: Jeff Bailey Present COUNCILMEMBER: Michele Paccione Present COUNCILMEMBER: Harry Santiago, Jr. Present COUNCILMEMBER: Tres Holton Present CITY MANAGER: Gregg Lynk Present DEPUTY CITY ATTORNEY: Jill Jacobs Present CITY CLERK: Terese Jones Present CITY STAFF: Present was Stuart Buchanan, Growth Management Director; Ron Clare, Deputy City Manager/Human Resources Director. ANNOUNCEMENTS: Deputy Mayor Bailey announced the following vacancy and term expiring and solicited applications for same: 1. One (1) vacancy on the Enterprise Zone Development Agency (represents local business position) One (1) term expiring on the Enterprise Zone Development Agency (represents at-large position).+ AGENDA REVISIONS: 1. Mr. Lynk asked that a presentation by Ron Clare, Deputy City Manager/Human Resources Director, be added as Item No. 2, under Presentations. Council concurred.

21 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 2 of 9 CONSENT AGENDA: All items of business marked with an asterisk were considered under Consent Agenda and enacted by the following motion: Motion by Deputy Mayor Bailey, seconded by Mr. Santiago, that the Consent Agenda be approved as presented with the addition of Item No. 2, under Presentations. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. PRESENTATION: 1. Nancy Peltonen, President and CEO, Greater Palm Bay Chamber of Commerce update. Ms. Peltonen provided an update on the Chamber s activities. 2. Mr. Clare provided a summary of the onboarding survey given to new hires on their second month anniversaries. He said that responses were very positive with comments stating that employees felt that their ideas were valued, they felt comfortable with their supervisors, the organization was diverse, and fellow employees were helpful, friendly and welcoming. The survey would continue in the future in order to catch any issues early on in the career of new employees. PUBLIC COMMENTS/RESPONSES: (Non-agenda Items Only) 1. Annmarie Burrows, resident, asked that the Growth Management signs posted at Emerson Drive and Glencove Avenue regarding the proposed gas station be removed as the case had been withdrawn by the applicant. She also asked that the City revisit the request for a park at Wake Forest Road and Barnes Avenue. PUBLIC HEARINGS: 1. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lots 6 and 7, Block 55, Port Malabar Unit 4 (Case No. VE , Julie Bauer), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to Council. The public hearing was closed. Motion by Deputy Mayor Bailey, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea.

22 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 3 of 9 2. Ordinance No , vacating a portion of the rear public utility and drainage easement located within Lot 14, Block 1845, Port Malabar Unit 39 (Case No. VE , Craig Kratzer), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to Council. The public hearing was closed. Motion by Deputy Mayor Bailey, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 3. Ordinance No , amending the Code of Ordinances, Chapter 202, Reclaimed Water, in order to revise procedures (Case No. T , City of Palm Bay), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Mrs. Paccione, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 4. Ordinance No , amending the Code of Ordinances, Chapter 184, Subdivisions, in order to revise certain procedures (Case No. T , City of Palm Bay), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Deputy Mayor Bailey, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 5. Ordinance No , amending the Code of Ordinances, Chapter 185, Zoning Code, in order to provide for Regional Transportation Centers and revise certain provisions (Case No. T , City of Palm Bay), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to Council. The public hearing was closed.

23 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 4 of 9 Motion by Deputy Mayor Bailey, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 6. Ordinance No , amending the Code of Ordinances, Chapter 185, Zoning Code, in order to revise certain standards related to architectural style requirements (Case No. T , City of Palm Bay), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to Council. The public hearing was closed. Motion by Mrs. Paccione, seconded by Mr. Santiago, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 7. Ordinance No , rezoning property located in the vicinity southwest of the intersection of Jupiter Boulevard and San Filippo Drive from RM-10 (Single-, Two-, and Multiple-Family Residential District) to RM-20 (Multiple-Family Residential District) (18.94 acres)(case No. CPZ , San Filippo Cove, Inc.), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Mrs. Paccione, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 8. Ordinance No , rezoning property located north of and adjacent to Jaslo Street, in the vicinity between Bloke Avenue and San Filippo Drive from RM-10 (Single-, Two-, and Multiple-Family Residential District) to RM-20 (Multiple-Family Residential District) (9.63 acres)(case No. Z , Alliance Palm Bay, LLC), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. The applicant presented the request to Council. The public hearing was closed. Motion by Mr. Santiago, seconded by Mr. Holton, to adopt Ordinance No Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea.

24 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 5 of 9 9. Ordinance No , amending the Fiscal Year budget by appropriating and allocating certain monies (fifth budget amendment), final reading. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened and closed as there were no comments. Motion by Mrs. Paccione, seconded by Deputy Mayor Bailey, to adopt Ordinance No Deputy Mayor Bailey was under the impression that one hundred percent (100%) of the city property sales would be placed into the Road Maintenance Fund versus the current ninety percent (90%). Mr. Lynk advised that at a past meeting, Council agreed that ten percent (10%) would be allotted for administrative costs, legal fees and advertisements. Deputy Mayor Bailey asked if a review of those costs had been done to determine the exact percentage of same. Mr. Lynk stated that with the reconciliation of the budget, figures would be provided to Council within the next month. Deputy Mayor Bailey said that the expense figures in the budget ordinance were over the ten percent (10%). Mr. Lynk would provide detailed information to Council at a later date. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 10. Ordinance No , amending the City s Comprehensive Plan Future Land Use Map to change the designated use of property located at the northwest corner of Mariposa Drive and Port Malabar Boulevard, from Recreation and Open Space Use and Single Family Residential Use to Commercial Use (1.00 acre)(case No. CP , City of Palm Bay), only one reading required (CONTINUED FROM RCM 09/15/16). The Planning and Zoning Board recommended that the request be approved. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to Council. Luis Rodriguez, adjacent property owner, wanted the property to remain as is and was opposed to the request. He explained his reasons for same. Kathy Nelson, adjacent property owner, spoke against the request due to noise, excessive traffic, the site was not large enough for a business, and there was no space for a turn lane. The public hearing was closed. Motion by Mr. Holton, seconded by Mrs. Paccione, to adopt Ordinance No

25 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 6 of 9 Mrs. Paccione did not see how adding commercial at that location would be beneficial to the area. She said the site was too small and placing a business there would be detrimental to the adjacent property owners. She would not support the request. Mr. Buchanan said that the current right-of-way would not support a turn lane. He explained that the property between the right-of-way and the individual lots was owned by the City, and was included in the sale of the corner property site. Once sold, the strip of land between the right-of-way and the lots would be donated to the City s right-of-way and could then be utilized as a turn lane. Mayor Capote asked what types of businesses were allowed on the site. Mr. Buchanan answered that examples included a single store front business, a medical office, etc. Deputy Mayor Bailey asked if a turn lane was needed with the existing conditions. Mr. Buchanan said that a turn lane would eventually be needed to the growth of the City and increased traffic along the roadways and at that intersection. He said it would be more of a safety issue to have a deceleration lane or turn lane. Mr. Holton asked if transportation impact fees would be required. Mr. Buchanan confirmed same. Motion carried with members voting as follows: Mayor Capote Deputy Mayor Bailey Councilwoman Paccione Councilman Santiago Councilman Holton Yea Yea Nay Yea Yea 11. Ordinance No , rezoning property located at the northwest corner of Mariposa Drive and Port Malabar Boulevard, from RS-2 (Single-Family Residential District) to CC (Community Commercial District) (1.00 acre)(case No. CPZ , City of Palm Bay), first reading (CONTINUED FROM RCM 09/15/16). The Planning and Zoning Board recommended that the request be approved. The Deputy City Attorney read the ordinance in caption only. The public hearing was opened. Mr. Buchanan presented the request to Council. Mr. Rodriguez spoke against the request. Mr. Santiago asked if NC (Neighborhood Commercial District) had been considered by staff. Mr. Buchanan advised that Council could change the zoning to NC which would provide for more restrictive uses at the site. Deputy Mayor Bailey asked what was allowed

26 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 7 of 9 in NC. Mr. Buchanan said that NC, without a conditional use permit, would include any uses with drive-thru s and mom and pop type stores. The public hearing was closed. Motion by Deputy Mayor Bailey, seconded by Mr. Holton, to adopt Ordinance No Mr. Holton asked if the zoning was being changed to NC. Motion by Deputy Mayor Bailey, seconded by Mr. Holton, to amend the motion with the modification of rezoning from RS-2 (Single-Family Residential District) to NC (Neighborhood Commercial District). Mr. Santiago said that although CC would be consistent with the area, as the property was adjacent to residential homes, rezoning to NC would lessen the impact to the homes. Motion carried with members voting as follows: Mayor Capote Deputy Mayor Bailey Councilwoman Paccione Councilman Santiago Councilman Holton Yea Yea Nay Yea Yea 12. Resolution No , granting a conditional use for a planned industrial development (business park) in LI (Light Industrial and Warehousing District) zoning (5.20 acres)(case No. CU , The Hady Family Limited Partnership) (CONTINUED FROM RCM 11/03/16). The Planning and Zoning Board recommended that the request be approved. The Deputy City Attorney read the resolution in caption only. The public hearing was opened. As the applicant was not present, Council concurred to table the item to the next regular meeting. The public hearing was closed. Motion by Mrs. Paccione, seconded by Deputy Mayor Bailey, to table the item to the December 1, 2016, regular Council meeting. Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. PROCUREMENT: Award of Proposal:

27 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 8 of 9 * 1. Deep injection well pump replacement, North Regional Wastewater Treatment Plant, RFP No Utilities Department (L7 Construction, Inc. - $469,500). Staff Recommendation: Approve the award for the installation of three (3) vertical turbine pumps, to include the add-alternate platform improvement project, at the North Regional Wastewater Treatment Plant deep injection well with L7 Construction, Inc., Sanford, in the amount of $469,500. The item, considered under Consent Agenda, was approved as recommended by City staff. COMMITTEE AND COUNCIL REPORTS: Councilmembers provided updates on activities of various agencies and boards on which they served as members. 1. Mr. Holton asked that staff begin working on amendments to the Palm Bay Code of Ordinances due to the passage of the Florida Medical Marijuana Legalization (Amendment No. 2). 2. Mr. Santiago would be meeting with Chief Renkens to discuss options of having police presence in the Compound area in order to deter illegal activity and increase safety. Chief Renkens said that all but one entrance to the Compound would be blocked off. Warning letters would be given to violators. Residents could still ride their bicycles, walk their dogs, etc., but all-terrain vehicles (ATVs) were prohibited. 3. Mr. Santiago expressed concern with the tabling of cases under Public Hearings due to the applicant not being present. He suggested an ordinance that would limit the amount of times an item could be continued and/or implement a fee to be paid by the applicant after a certain number of continuances. Council concurred. NEW BUSINESS: * 1. Consideration of expenditures from the Palm Bay Police Department's Law Enforcement Trust Fund ($5,600). Staff Recommendation: Approve the expenditure of funds as specified in the City Manager s memorandum. The item, considered under Consent Agenda, was approved as recommended by City staff.

28 City of Palm Bay, Florida Regular Council Meeting No Minutes November 17, 2016 Page 9 of 9 2. Consideration of: a) Councilmembers attending the 56 th Annual Legislative Conference in Kissimmee, Florida, December 7-9, 2016; and Mayor Capote would attend the conference. b) Mayor Capote attending the 85 th Winter Meeting of the United States Conference of Mayors, Washington, D.C., January 17-19, Mayor Capote would attend the conference. 3. Consideration of scheduling a special Council meeting to certify the November 8, 2016, regular municipal election results; administering oath of office to elected officials. Council concurred to schedule the special Council meeting for Monday, November 21, 2016, at 6:30 P.M. ADMINISTRATIVE AND LEGAL REPORTS: 1. Mr. Lynk provided an update on the hurricane debris collection. PUBLIC COMMENTS/RESPONSES: There were no public comments. ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 9:07 P.M. ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK * Identifies items considered under the heading of Consent Agenda. Indicates quasi-judicial proceeding. Indicates item was considered out of sequence or added to the agenda.

29 CITY OF PALM BAY, FLORIDA SPECIAL COUNCIL MEETING NO Held on Monday, the 21 st day of November 2016, at the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Office of the City Clerk, City Hall, Palm Bay, Florida. The meeting was called to order at the hour of 6:31 P.M. ROLL CALL: MAYOR: William Capote Present DEPUTY MAYOR: Jeff Bailey Present COUNCILMEMBER: Michele Paccione Present COUNCILMEMBER: Harry Santiago Jr. Present COUNCILMEMBER: Tres Holton Present CITY MANAGER: Gregg Lynk Present CITY ATTORNEY: Andrew Lannon Present CITY CLERK: Terese Jones Present BUSINESS: 1. Certification of the results of the Regular Municipal Election held on November 8, The City Clerk read the names of the candidates, the referendum issues, and the votes received for each. The results were as follows: Office of the Mayor William Capote 28,680 John J. Mazziotti 19,848 City Council Seat 2 Harry Santiago Jr. 31,570 Daniel Antonio Wall-DeSousa 13,132 City Council Seat 3 Brian Jacob Anderson 19,529 Maria DeChristofano 19,309 Santa Isabel Wright 5,906

30 City of Palm Bay, Florida Special Council Meeting No Minutes November 21, 2016 Page 2 of 3 Referendum No. 1: Charter Amendment Providing for Limitations on Ad Valorem Taxes Yes 32,768 No 14,178 Referendum No. 2: Charter Amendment Providing for Primary Elections for Candidates for Mayor and City Council Yes 33,427 No 13,676 Referendum No. 3: Charter Amendment Governing Compensation of the Mayor and City Councilmembers Yes 27,300 No 19,670 Referendum No. 4: Charter Amendment Governing Prohibition on Former Elected Officials Being Employed by City Yes 33,637 No 14,110 Referendum No. 5: Councilmembers Charter Amendment Governing Qualifications for City Yes 43,514 No 4,601 Referendum No. 6: Charter Amendment Governing Term Limits for City Councilmembers Yes 38,574 No 9,236 Referendum No 7: Assessments Charter Amendment Governing the Imposition of Special Yes 25,848 No 21,889

31 City of Palm Bay, Florida Special Council Meeting No Minutes November 21, 2016 Page 3 of 3 Motion by Deputy Mayor Bailey, seconded by Mrs. Paccione, to certify the election results of the municipal election held on November 8, Motion carried with members voting as follows: Mayor Capote, Yea; Deputy Mayor Bailey, Yea; Councilwoman Paccione, Yea; Councilman Santiago, Yea; Councilman Holton, Yea. 2. Administering the Oath of Office to the officials for the Office of Mayor and City Council Seats 2 and 3. Mrs. Paccione gave her departing speech. The City Attorney presented Mayor Capote, Councilman Santiago and Councilwoman Paccione with a plaque for their last four (4) years of service on the City Council. The City Attorney administered the oath of office for City Council Seat 2 to Harry Santiago Jr., City Council Seat 3 to Brian Anderson, and Office of Mayor to William Capote. Each received a Certificate of Election. Mr. Anderson, Mr. Santiago and Mayor Capote gave their incoming speeches. 3. Selection by councilmembers of a Deputy Mayor. Motion by Mr. Anderson, seconded by Mr. Holton, to appoint Mr. Santiago as Deputy Mayor. Motion carried with members voting as follows: Mayor Capote, Yea; Councilman Santiago, Yea; Councilman Holton, Yea; Councilman Bailey, Yea; Councilman Anderson, Yea. ADJOURNMENT: There being no further business, the meeting adjourned at the hour of 7:22 P.M. ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK

32 MEMO TO: FROM: DATE: SUBJECT: Honorable Mayor and Memb Terese M. Jones, City Clerk December 1, 2016 Ordinance No A public hearing is to be held on the above subject ordinance and the caption read for the second and final time at tonight's Council meeting. If you should have any questions or desire additional information, please advise. /tjl Attachment

33 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM RS-2 (SINGLE-FAMILY RESIDENTIAL DISTRICT) TO NC (NEIGHBORHOOD COMMERCIAL DISTRICT); WHICH PROPERTY IS LOCATED AT THE NORTHWEST INTERSECTION OF MARIPOSA DRIVE AND PORT MALABAR BOULEVARD, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE OF THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The Zoning Ordinance of the City of Palm Bay, Brevard County, Florida, is hereby amended to provide for the rezoning of property from RS-2 (Single- Family Residential District) to NC (Neighborhood Commercial District), being legally described as follows: A portion of Tract A and all of Tract A.01, Port Malabar Country Club Unit 6, as recorded in Plat Book 25, Page 49, of the Public Records of Brevard County, Florida; Section 21, Township 28S, Range 37E; containing 1.00 acre, more or less. SECTION 2. The Zoning Map of the City of Palm Bay is hereby revised to reflect this amendment. SECTION 3. The provisions within this ordinance shall take effect immediately upon the enactment of Ordinance No Read in title only at Meeting No , held on November 17, 2016; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK

34 MEMO TO: FROM: DATE: Honorable Mayor and Membe Terese M. Jones, City Clerk December 1, 2016 of C1 y Council SUBJECT: Conditional Use Request, Planned Industrial Development (Business Park) - The Hady Family Limited Partnership As you may recall, the above request was scheduled for the last regular Council meeting. Council voted to table the request as the applicant was not present. The Hady Family Limited Partnership (Ahmed EI-Mahdawy, representative) has submitted an application for a conditional use for a planned industrial development (business park) in LI (Light Industrial and Warehousing District) zoning. The property is located at the northwest and southwest corners of Clearmont Street and Gunpowder Drive, and contains 5.20 acres, more or less. Staff Conclusion: The Planning and Zoning Board and City Council must determine if the request meets the criteria of Section and (0) of the Palm Bay Code of Ordinances. Planning and Zoning Board Recommendation: Unanimous approval of the request. Resolution No has been prepared for consideration at tonight's meeting. If you should have any questions, please advise. /tjl Attachments Case No. CU

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50 RESOLUTION NO A RESOLUTION OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, GRANTING A CONDITIONAL USE FOR A PLANNED INDUSTRIAL DEVELOPMENT (BUSINESS PARK) IN LI (LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT) ZONING; WHICH PROPERTY IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF CLEARMONT STREET AND GUNPOWDER DRIVE, AND LEGALLY DESCRIBED HEREIN; GRANTING THE USE AS A CONDITIONAL USE; PROVIDING FOR CONSTRUCTION TO BE IN COMPLIANCE WITH THE SITE PLAN; PROVIDING FOR A COMMENCEMENT PERIOD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, application for a conditional use in LI (Light Industrial and Warehouse District) zoning to permit a planned industrial development (business park) has been made by The Hady Family Limited Partnership, and WHEREAS, the request was duly considered by the Planning and Zoning Board of the City of Palm Bay on October 5, 2016, which voted to recommend to the City Council approval of the application, and WHEREAS, all provisions applicable to the conditional use under Chapter 185, Zoning, Conditional Uses, Sections and , and District Regulations, Section , of the Palm Bay Code of Ordinances, have been satisfied by the applicant, and WHEREAS, the City Council of the City of Palm Bay has determined that such conditional use will neither be injurious to the neighborhood nor otherwise detrimental to the public welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City Council of the City of Palm Bay hereby grants a conditional use for a planned industrial development (business park) on property zoned LI (Light Industrial and Warehousing District), which property is legally described as follows:

51 City of Palm Bay, Florida Resolution No Page 2 of 2 Tracts B and C, Sleepy Hollow Subdivision, according to the plat thereof as recorded in Plat Book 25, Page 116, of the Public Records of Brevard County, Florida; Section 22, Township 28S, Range 37E; containing 5.20 acres, more or less. the following: SECTION 2. The conditional use is granted subject to the applicant complying with 1) Constructing the planned industrial development in accordance with the site plan which is, by reference, incorporated herein as Exhibit A. 2) The Land Development Division Staff Report which is, by reference, incorporated herein as Exhibit B. 3) All provisions of the Code of Ordinances of the City of Palm Bay and all other state and federal rules, regulations, and statutes. SECTION 3. The conditional use must be commenced within one (1) year from the effective date of this resolution. Commencement shall mean the issuance of a building permit which must remain active. Failure to commence such construction within one (1) year shall void the conditional use. SECTION 4. This resolution shall take effect immediately upon the enactment date. This resolution was duly enacted at Meeting No , of the City Council of the City of Palm Bay, Brevard County, Florida, on, William Capote, MAYOR ATTEST: Terese M. Jones, CITY CLERK

52 MEMO TO: FROM: DATE: SUBJECT: Honorable Mayor and Members Terese M. Jones, City Clerk December 1, 2016 Rezoning Request - Fred Boozer, Fred Boozer, Jr. has submitted an application to rezone property from RM-20 (Multiple Family Residential District) to RM-15 (Single-, Two-, Multiple-Family Residential District). The property is located east of and adjacent to Clearmont Street, in the vicinity north of Mandarin Drive, and contains 3.52 acres, more or less. Staff Conclusion: The Planning and Zoning Board and City Council must determine if the request is consistent with the City's development vision and whether or not the uses allowed under RM-15 District regulations would be compatible with the surrounding area. Planning and Zoning Board Recommendation: Approval of the request, by a vote of 6 to 1. Ordinance No has been prepared for consideration at tonight's meeting. If you should have any questions, please advise. /tjl Attachments Case No. Z

53 \ Land Development Division 120 Malabar Road SE Palm Bay, FL REZONING APPLICATION This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, prior to 5:00 p.m. on the first day of the month to be processed for consideration by the Planning and Zoning Board the following month. The application will then be referred to the Planning and Zoning Board for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). The Planning and Zoning Board holds their regular meeting the first Wednesday of every month at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) Fred D Boozer Jr Trustee ADDRESS 4885 N Wickham Road #106 c I TY Melbourne PHONE# STATE FL ZIP FAX# ADDRESS fredboozerjr@gmail.com 2) COMPLETE LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION See Exhibit A SECTION 26 TOWNSHIP 28 RANGE ) SIZE OF AREA COVERED BY THIS APPLICATION (calculate acreage): ) ZONE CLASSIFICATION AT PRESENT (ex. : RS-2, CC, etc.) RM ) ZONE CLASSIFICATION DESIRED (ex.: IU, LI, etc.): RM ) ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY? No ) JUSTIFICATION FOR REZONING: Down zoning to allow for 20' separation between the buildings 8) PRESENT USE OF THE PROPERTY:_v_ a_c_a_n_t _L_a_nd 9) INTENDED USE OF PROPERTY: Multi family residential ) THE FOLLOWING PROCEDURES AND ENCLOSURES ARE REQUIRED TO COMPLETE THIS APPLICATION: X *$ Application Fee. Make check payable to "City of Palm Bay." -- X Property map showing adjacent properties and clearly outlining the subject parcel (for land use -- amendment(s)). Provide in PDF format if larger than 11 " x 14". Revision D: 10/11

54 CITY OF PALM BAY, FLORIDA REZONING APPLICATION PAGE 2 OF 2 X -- A listing of legal descriptions of all properties within a 500 foot radius of the boundaries of the property covered by this application, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. (This can be obtained from the Brevard County Planning and Zoning Department at , or on the Internet at List shall be legible and the source of that information stated here: N/A Sign(s) posted on the subject property. Refer to Section 51.07(C) of the Legislative Code for guidelines. WHERE PROPERTY IS NOT OWNED BY THE APPLICANT, A LETTER MUST BE ATTACHED -- GIVING THE NOTARIZED CONSENT OF THE OWNER FOR THE APPLICANT TO REQUEST THE REZONING. _x_ln ORDER TO DISCLOSE ALL PARTIES SEEKING THIS APPROVAL, COMPLETE THE ATTACHED DISCLOSURES OF OWNERSHIP INTERESTS FORMS FOR PROPERTY OWNERS AND/OR APPLICANTS IN REFERENCE TO RESOLUTION I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING REZONING APPLICATION AND THAT THE _-=-v FACTS STATED IN IT ARE TRUE. Signature of Applicant ~._ l Date Printed Name of Applicant Fred D. Boozer JR *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY CITY OF PALM BAY RECEIVED AUG LAND DEVELOPMENT Revision D: 10/11

55 EXHIBIT "A" PROPERTY DESCRIPTION: PARCEL "A" A PARCEL OF LAND SITUATED IN A PORTION OF SECTION 26, TOWNSHIP 28 SOUTH, RANGE 37 EAST, CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF LOT 40, BLOCK "S" ACCORDING TO THE PLAT OF "TURKEY CREEK SUBDIVISION" AS RECORDED IN PLAT BOOK 25 AT PAGES 111 AND 112 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 0 23'09"E, ALONG THE WEST LINE OF SAID LOT 40 AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 26, FOR A DISTANCE OF FEET TO THE POINT OF BEGINNING; THENCE N 89 51'02"W FOR A DISTANCE OF FEET; THENCE N 0 08'58"E FOR A DISTANCE OF FEET; THENCE N 89 51'02"W FOR A DISTANCE OF FEET; THENCE S 45 29'09"W FOR A DISTANCE OF FEET TO A POINT ON A CURVE, CONCAVE SOUTHWESTERLY, AND HAVING A RADIUS OF FEET ( FEET PER O.R.B PAGE 87), THRU WHICH A RADIAL LINE BEARS N 45 29'09"E, SAID POINT ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF TROUTMAN BOULEVARD, A 100 FOOT RIGHT OF WAY; THENCE NORTHWESTERLY ALONG THE ARC CURVE AND SAID RIGHT OF WAY LINE, THRU A CENTRAL ANGLE OF 8 03 '50", FOR A DISTANCE OF FEET TO THE EASTERLY RIGHT OF WAY LINE OF A 50 FOOT DRAINAGE RIGHT OF WAY ACCORDING TO THE PLAT OF "PORT MALABAR INDUSTRIAL PARK" AS RECORDED IN PLAT BOOK 13 AT PAGES 103 THROUGH 107 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N 37 25'17"E ALONG SAID EASTERLY DRAINAGE RIGHT OF WAY FOR A DISTANCE OF FEET; THENCE S 89 51'02"E FOR A DISTANCE OF FEET TO THE WEST LINE OF BLOCK "S" OF SAID PLAT OF "TURKEY CREEK SUBDIVISION " AND THE WEST LINE OF THE EAST HALF OF SECTION 26; THENCE S 0 23'09"W ALONG SAID WEST LINE OF BLOCK "S" A DISTANCE OF FEET TO THE POINT OF BEGINNING.

56 ~ The Ci1y of Florido DATE: November 2, 2016 CASE #: Z Pc!w.!!~ CITY OF PALM BAY LAND DEVELOPMENT DIVISION STAFF REPORT APPLICATION PROPOSAL: LOCATION: APPLICANT: A rezoning from the RM-20, Multiple Family Residential Zoning District to the RM-15, Single-, Two- and Multi-Family Residential Zoning District. Located east of and adjacent to Clearmont Street NE, approximately 800 feet north of Mandarin Drive NE. Specifically, the property is the northern portion of Tax Parcel 254.0; located in Section 26, Township 28 South, and Range 37 East. Fred D. Boozer Jr. Trustee SITE DATA PRESENT ZONING: RM-20, Multiple Family Residential District ACREAGE: DENSITY: 3.5 acres(.±) Twenty (20) Units per Acre ADJACENT ZONING & LAND USE: WATER & SEWER: FLOOD ZONE: COMPLIANCE WITH THE COMPREHENSIVE PLAN: N IU, Institutional Use District; Palm Bay Water Treatment Plant E RS-1, Single Family Residential District; Turkey Creek Estates s RM-15, Single-, Two- and Multi-Family Residential District; Turkey Creek Villas and Vacant Land W -- RM-20 District; Clearmont Street NE and a City Drainage Ditch City Water & Sewer Available and Required X, Area outside the 500-year flood zone Yes

57 CASE NO. Z NOVEMBER 2, 2016 Page 2 BACKGROUND: 1. Located east of and adjacent to Clearmont Street NE, approximately 800 feet north of Mandarin Drive NE. Specifically, the property is the northern portion of Tax Parcel 254.0; located in Section 26, Township 28 South, and Range 37 East. 2. The adjacent zoning and land uses are as follows: NORTH: EAST: SOUTH: WEST: IU, Institutional Use District; Palm Bay Water Treatment Plant RS-1, Single Family Residential District; Turkey Creek Estates RM-15, Single-, Two- and Multi-Family Residential District; Turkey Creek Villas and Vacant Land RM-20 District; Clearmont Street NE and a City Drainage Ditch. 3. A rezoning from the RM-20, Multiple Family Residential Zoning District to the RM- 15, Single-, Two- and Multi-Family Residential Zoning District. The applicant for this request is Fred D. Boozer Jr. Trustee. The size of the property is 3.5 acres. ANALYSIS: 1. The applicant has submitted engineered site plans to develop the property with a multi-family residential project called Clearmont Trace. During the review of the project it was determined that the buildings needed to be separated by a minimum of 30 feet, in order to meet the zoning provisions of the RM-20 District. Due to the existing 30-foot wide drainage easement running along the eastern portion of the property and the amount of the stormwater treatment system needed, the applicant needs to site the buildings 20 feet apart. 2. The minimum separation distance between principal structures in the RM-15 District is 20 feet. Therefore, the applicant is requesting the rezoning to accommodate the proposed development discussed above. The land is designated as Multiple Family Residential Use on the Palm Bay Comprehensive Plan, so a Future Land Use Map Amendment is not needed. STAFF CONCLUSION: The Planning and Zoning Board and City Council must determine if the request is consistent with the city's development vision and whether or not the uses allowed under the RM-15 District regulations would be compatible with the surrounding area.

58 RS-1 w el 'Cl! rv1~af ~m,~,~ w ~ Cl! Mapb...,.,,,_..IINJ. NDllobto......".-.,.. w{i>e N s CASE NO. Z AND CASE NO. CU

59 Mapllllf"..._UllllputpOeiMOIW1,Not1Dbe-NM Wr4iflll... N w W~E s CASE NO. Z AND CASE NO. CU

60 Maiilaf~...,_..~.HalMIN~ -~ - - CASE NO. Z AND CASE NO. CU

61 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, November 2, 2016, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Chairperson Philip Weinberg called the meeting to order at approximately 7:00 p.m. Ms. Leeta Jordan led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRPERSON: VICE CHAIRPERSON: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: Philip Weinberg Wendall Stroderd Leeta Jordan Khalilah Maragh William Pezzillo Rainer Warner Thomas "Woody" Woodrum Michele Quinn (School Board Appointee) Present Present Present Present Present Present Present Present (Late) CITY STAFF: Present were Mr. Stuart Buchanan, Growth Management Director; Mr. Patrick Murphy, Assistant Growth Management Director; Robert Loring, Planner; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. James Stokes, Board Attorney. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Mr. Weinberg read Form 88 Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, disclosing Mr. Stroderd's conflict of interest with Case CU , Sunshine Petro, Inc., which was submitted into the record al the October 5, 2016 Regular Planning and Zoning Board/Local Planning Agency Meeting. Motion by Ms. Jordan, seconded by Mr. Stroderd to approve the minutes as presented. The motion carried with members voting unanimously.

62 City of Palm Bay Planning and Zoning Board/ Local Planning Agericy Regular Meeting No Minutes - November 2, 2016 Page 4 of 13 NEW BUSINESS: 1. +FS ERIC ADDINGTON Case FS was discussed under Announcements, Item CP WHEELER FARMS, INC. (DAVID WHEELER) Case CP was discussed under Announcements, Item CPZ WHEELER FARMS, INC. (DAVID WHEELER) Case CPZ was discussed under Announcements, Item Z FRED D. BOOZER, JR. Mr. Murphy presented the staff report for Case Z The applicant had requested a change in zoning from an RM-20, Multiple Family Residential District to an RM-15, Single-, Two-, Multi-Family Residential District. The board must determine if the request was consistent with the City's development vision and whether the uses allowed under the RM-15 district regulations would be compatible with the surrounding area. Mr. Stroderd questioned why the subject property had adjacent RM-20 and RM-15 designations on the site. Mr. Murphy explained how a south portion of the property was rezoned a few years ago from RM-20 to RM-15. Mr. Warner wanted to know what was proposed for the site. Mr. Fred Boozer, Jr. (applicant) described plans to build 28 townhomes in five, two-story buildings, at approximately 20-feet in height. Mr. Murphy concurred that the subject request would be a down-zoning as it would be a decrease in the height and density allowed. The floor was opened for public comments.

63 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes - November 2, 2016 Page 5 of 13 Mr. Ed Matheson (owner of two properties in the Turkey Creek Subdivision) wanted to ensure that the submitted site plan for the proposed development would continue to include the three-foot berm and six-foot high fence at the east drainage easement, the 4 7-foot setback between the proposed buildings and east property line; and for an additional tree line to be placed at the east side of the site. He also questioned whether the existing lift station for the Turkey Creek Subdivision could handle the sewer load for the 28 additional units. Mr. Boozer responded that all codes would be met and the 47-foot setback would be in place. Mr. Weinberg added that site plan requirements would be addressed during administrative review. The floor was closed for public comments, and there were no letters in the file. Motion by Mr. Pezzillo, seconded by Ms. Jordan to submit Case Z to City Council for approval of a change in zoning from an RM-20, Multiple Family Residential District to an RM-15, Single-, Two-, Multi-Family Residential District. The motion carried with members voting as follows: Mr. Weinberg Mr. Stroderd Ms. Jordan Ms. Maragh Mr. Pezzillo Mr. Warner Mr. Woodrum Aye Aye Aye Aye Aye Aye Nay 5. +CU FRED D. BOOZER. JR. Mr. Murphy presented the staff report for Case CU The applicant had requested a conditional use to allow proposed construction of 28 multi-family residential units. The board must determine if the request was consistent with the City's development vision and whether the uses allowed under the RM-20 district regulations would be compatible with the surrounding area. Mr. Fred Boozer, Jr. (applicant) was present. The floor was opened and closed for public comments, and there were no letters in the file.

64 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE OF THE CITY OF PALM BAY BY CHANGING THE ZONING OF PROPERTY FROM RM-20 (MULTIPLE-FAMILY RESIDENTIAL DISTRICT) TO RM-15 (SINGLE-, TWO-, MULTIPLE-FAMILY RESIDENTIAL DISTRICT); WHICH PROPERTY IS LOCATED EAST OF AND ADJACENT TO CLEARMONT STREET, IN THE VICINITY NORTH OF MANDARIN DRIVE, AND LEGALLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE OF THE ZONING MAP; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The Zoning Ordinance of the City of Palm Bay, Brevard County, Florida, is hereby amended to provide for the rezoning of property from RM-20 (Multiple- Family Residential District) to RM-15 (Single-, Two-, Multiple-Family Residential District), being legally described as follows: A parcel of land situated in a portion of Section 26, Township 28 South, Range 37 East, City of Palm Bay, Brevard County, Florida, being more particularly described as follows: Commence at the southwest corner of Lot 40, Block S, according to the plat of Turkey Creek Subdivision as recorded in Plat Book 25, at Pages 111 and 112 of the Public Records of Brevard County, Florida; thence N E, along the west line of said Lot 40 and the west line of the east half of said Section 26, for a distance of feet to the Point of Beginning; thence N W, for a distance of feet; thence N E, for a distance of feet; thence N W, for a distance of feet; thence S W, for a distance of feet to a Point on a Curve, concave southwesterly, and having a radius of feet ( feet per Official Records Book 1467, Page 87), thru which a radial line bears N E, said Point also being the easterly right-of-way line of Troutman Boulevard, a 100 foot right-of-way; then northwesterly along the arc curve and said right-of-way line, thru a central angle of , for a distance of feet to the easterly right-of-way line of a 50 foot drainage right-of-way, according to the plat of Port Malabar Industrial Park, as recorded in Plat Book 13, at Pages 103 through 107, of the Public Record of Brevard County, Florida; thence N E, along said easterly drainage right-of-way, for a distance of feet; thence S E, for a distance of feet to the west line of Block S of said plat of Turkey Creek Subdivision and the west line of the east half of Section 26; thence S W, along said west line of Block S, a distance of feet to the Point of Beginning; containing 3.52 acres, more or less.

65 City of Palm Bay, Florida Ordinance No Page 2 of 2 SECTION 2. The Zoning Map of the City of Palm Bay is hereby revised to reflect this amendment. SECTION 3. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2016; and read in title only and duly enacted at Meeting No , held on, William Capote, MAYOR ATTEST: Terese M. Jones, CITY CLERK Applicant: Case No.: Fred Boozer, Jr. Z cc: (date) Applicant Case File

66 MEMO TO: FROM: Honorable Mayor and Memb Terese M. Jones, City Clerk DATE: December 1, 2016 SUBJECT: Comprehensive Plan Amendm t, Future Land Use Element - City of Palm Bay The City of Palm Bay has submitted a request to amend the City's Comprehensive Future Land Use Element related to Urban Service Boundaries, Capital Improvements Element, Transportation Element Map Series, and Transportation Element Policy tc-1.4f. Staff Findings: The proposed amendments will bring the Comprehensive Plan into consistency with the City's Capital Improvement Plan; the proposed submittals to the Space Coast Transportation Planning Organization (TPO) and Florida Department of Transportation (FDOT) to amend the Federal Functional Classification Map; the adjustment of the City's Urban Service Boundary to include Calumet Farms; and the recognition of the PD & E requirements to Federal NEPA standards to determine a preferred alignment for the final segment of the St. Johns Heritage Parkway to allow for Federal roadway funding to reduce fiscal impacts to the City. Planning and Zoning Board Recommendation: Unanimous approval of the request. Ordinance No has been prepared for consideration at tonight's meeting. If you should have any questions, please advise. /tjl Attachments Case No. CP

67 Land Development Division 120 Malabar Road SE Palm Bay, FL ~042 COMPREHENSIVE PLAN OR FUTURE LAND USE MAP AMENDMENT APPLICATION This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, prior to 5:00 p.m. on the first day of the month to be processed for consideration by the Planning and Zoning Board the following month. The application will then be referred to the Planning and Zoning Board for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). The Planning and Zoning Board holds their regular meeting the first Wednesday of every month at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) City of Palm Bay (Growth Management Department) ADDRESS 120 Malabar Road SE CI TY Palm Bay ST ATE FL Z I P PHONE# (321) FAX # (321) ADDRESS stuart.buchanan@palmbayflorida.org 2) COMPLETE LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION NIA SECTION TOWNSHIP RANGE ) SIZE OF AREA COVERED BY THIS APPLICATION (calculate acreage): NIA ) LAND USE CLASSIFICATION AT PRESENT OR PLAN SECTION AFFECTED (ex.: Commercial, Single Family, Policy CIE-1.1 B, etc.): See attached ) LAND USE CLASSIFICATION DESIRED OR PROPOSED TEXT CHANGE: See attached ) PRESENT USE OF THE PROPERTY: _NI_A 7) ARE ANY STRUCTURES NOW LOCATED ON THE PROPERTY: _N_IA 8) HAS A REZONING APPLICATION BEEN FILED IN CONJUNCTION WITH THIS APPLICATION: N/A (If no rezoning application is filed, the City must assume the maximum impact permissible by the land use classification desired. Impacts to transportation facilities, water and sewer facilities, drainage, recreation facilities, and solid waste must be examined and justified before acceptance by the Florida Department of Economic Opportunity and the City of Palm Bay.) Revision A: 10/15

68 CITY OF PALM BAY, FLORIDA COMPREHENSIVE PLAN OR FUTURE LAND USE MAP AMENDMENT APPLICATION PAGE 2 OF 3 9) JUSTIFICATION FOR CHANGE (attach additional sheets containing supporting documents and evidence if necessary): To amend the Future Land Use Element Map Series; Capital Improvements Element; Transportation Element Map Series; and Transportation Element Policy TC-1.4E and TC-1.4F. 10) SPECIFIC USE INTENDED FOR PROPERTY: NIA ) THE FOLLOWING PROCEDURES AND ENCLOSURES ARE REQUIRED TO COMPLETE THIS APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OR FUTURE LAND USE MAP: NIA *Application Fee. Make check payable to "City of Palm Bay." 0 Large Scale Map Amendment (10 acres or more) $1, D Small Scale Map Amendment (Less than 10 acres) $1, Iii Text Amendment (Comp. Plan) $1, D Special Amendment Cycle $4, X --- X --- Property map showing adjacent properties and clearly outlining the subject parcel (for land use amendment(s)). X --- A listing of legal descriptions (for land use amendments) of all properties within a 500 foot radius of the boundaries of the property covered by this application, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. (This can be obtained from the Brevard County Planning and Zoning Department at , or on the Internet at List shall be legible and the source of that information stated here: Brevard County Property Appraiser website N/A Sign(s) posted on the subject property. Refer to Section 51.07(C) of the Legislative Code for guidelines. Citizen Participation Plan (for land use amendments of more than five acres in size). Refer to Section of the Land Development Code for guidelines. NIA NIA WHERE PROPERTY IS NOT OWNED BY THE APPLICANT, A LETTER MUST BE ATTACHED GIVING THE NOTARIZED CONSENT OF THE OWNER FOR THE APPLICANT TO REQUEST THE COMPREHENSIVE PLAN OR FUTURE LAND USE MAP AMENDMENT. IN ORDER TO DISCLOSE ALL PARTIES SEEKING THIS APPROVAL, COMPLETE THE ATTACHED DISCLOSURES OF OWNERSHIP INTERESTS FORMS FOR PROPERTY OWNERS AND/OR APPLICANTS IN REFERENCE TO RESOLUTION Revision A: 10/15

69 CITY OF PALM BAY, FLORIDA COMPREHENSIVE PLAN OR FUTURE LAND USE MAP AMENDMENT APPLICATION PAGE 3 OF 3 I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING COMPREHENSIVE PLAN OR FUTURE LAND USE MAP AMENDMENT APPLICATION AND THAT THE FACTS STATED IN IT ARE TRUE. Signature of Applicant Date September 30, 2016 Printed Name of Applicant Stuart Buchanan, Growth Management Director *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision A: 10/15

70 ~ The City of Florida PaimBaY CITY OF PALM BAY DATE: November 2, 2016 CP CASE#: LAND DEVELOPMENT DIVISION STAFF REPORT COMPREHENSIVE PLAN TEXTUAL AMENDMENT APPLICATION PROPOSAL: Comprehensive Plan Amendments to the Future Land Use Element Map Series related to Urban Service Boundaries; Capital Improvements Element adding and removing capital projects for consistency with the City's adopted Capital Improvement Program; Transportation Element Map Series amending Roadway Functional Classifications and Future Transportation Map Series; and Transportation Element Policy tc-1.4f. CODE CITATION: N/A Comprehensive Plan Amendment APPLICABILITY: Citywide APPLICANT: City of Palm Bay (Growth Management Department) COMPLIANCE WITH THE COMPREHENSIVE PLAN: The application is for a textual amendment to the Future Land use Element, not to the Code of Ordinances.

71 CASE NO. CP NOVEMBER 2, 2016 PAGE 1 BACKGROUND: The City's adopted Comprehensive Plan includes the several policies and map series that have not been updated, in many cases for five to ten years. The proposed amendments will help bring consistency between the City Comprehensive Plan; the recognize new roadway and utility construction or the budgeted funding for extension of infrastructure within the next 5 years; the related extension of the City's Urban Boundaries; and update the Transportation Element and Map Series to reflect the St. Johns Heritage Parkway. ANALYSIS: Future Land Use Element Map Series related to Urban Service Boundaries: The proposed amendment will add the Calumet Farms property owned by Babcock LLC of approximately 2,092 acres abutting and on the west side of Babcock Street. This inclusion is support by the planned extension of utility service; the construction of the new 1-95 interchange; the connection to Babcock Street by the new St. Johns Heritage Parkway; and the subsequent re-classification of that segment of Babcock Street from a Major Collector to a Minor Arterial roadway. Capital Improvements Element (CIE) adding and removing capital projects for consistency with the City's adopted Capital Improvement Program: The proposed amendments will add projects to the CIE for consistency with the City's adopted Capital Improvements Plan (CIP) and recognize grant funding opportunities by inclusion of certain capital projects. Transportation Element Map Series amending Roadway Functional Classifications and Future Transportation Map Series: The proposed amendment will recognize the new construction of the St. Johns Heritage Parkway (two segments), and the connecting roadway Emerson Drive and its future widening at the Parkway intersection. Transportation Element Policy TC-1.4F: The proposed amendment will recognize the preparation PD & E study required for Federal Highway funding for the future St. Johns Heritage Parkway from Babcock Street to Malabar Road. The PD&E study must be performed to the Federal National Environmental Protection Act (NEPA) standards for consideration for Federal funding for right of way acquisition and roadway construction. This will reduce fiscal impact to the City. From this PD & Ethe preferred alignment will be determined and consideration by the City Council.

72 CASE NO. CP NOVEMBER 2, 2016 PAGE2 STAFF FINDINGS: The proposed amendments will bring the Comprehensive Plan into consistency with City's Capital Improvement Plan; the proposed submittals to the Space Coast Transportation Planning Organization (TPO) and Florida Department of Transportation (FOOT) to amend the Federal Functional Classification Map; the adjustment of the City's Urban Service Boundary to include Calumet Farms; and the recognition of the PD & E requirements to Federal NEPA standards to determine a preferred alignment for the final segment of the St. Johns Heritage Parkway to allow for Federal roadway funding to reduce fiscal impacts to the City.

73 CASE NO. CP NOVEMBER 2, 2016 PAGE3 PROPOSED AMENDMENTS Transportation Element Policy TC-1.4F: II GOALS, OBJECTIVES AND POLICIES (cont.) POLICIES (cont.): The land development regulations shall include a Transportation Corridor Management Ordinance for the southern extension (south of Malabar Road) of the Palm Bay Parkway consistent 'Nith the Recommended Alignment established by the Palm Bay Park'.vay Extension Preferred Corridor map adopted in the Future Transportation Map Series. A consistent alignment shall be defined as a 200' right-of-way corridor extending from Malabar Road on the northern end Interstate 95 on the southeastern end and shall be identified by a legal description within the Ordinance. The Transportation Corridor Management Ordinance shall be adopted prior to the City granting any development permits for projects 'Nithin the corridor identified on Future Transportation Map Series Map ~ The alignment shall be based upon the preferred alignment of a PD & E study conducted to Federal NEPA standards. TRANSPORTATION IMPROVEMENTS 1. St. John's Heritage Parkway - PD & E Trans. Element Policy 1.1A Project Description: PD & E study for arterial roadway, from Malabar Road south to Babcock Street Fiscal Year Ending Sept. 30, Total =--= Local $450,000 $450, Total $450,000 $450, St. John's Heritage Parkway- ROW Acq. Trans. Element Policy 1.1A Project Description: ROW acquisition for arterial roadway, from Malabar Road south to Babcock Street Fiscal Year Ending Sept. 30, Total State & Local Match $6,000,000 $6,000, Tot al $6,000,000 $6,000,000

74 City o aim Bay - Compre nsive Plan EAR Amendments t=,,,_ e... ETRSON.DR PACE OR Legend.-m, i L L - Urban Service Boundary...-St. Johns Heritage t.., I I E I i I E I ~ z i 9 w L~GOON - Parkway Alignment City Lim its -... p I...!... i i..! " - - ~!!..,... 1 Map for ilustrative plll)omi only. Not lo be construed binding or survey. Map ctuled by the Land Development Division Jan s BREVARD COUNTY ~---- INDIAN RIVER COUNTY. i i ' ,: l _. _.s lf' i ~-t!. i L Q.. CENTERLANE RD I! i : I... i i i.. i..j I i ~ rr----m_1c_c-;o~k 0,, Yl i!,., , N Miles URBAN SERVICE BOUNDARY A

75 ,,--. FUTURE TRANSPORTATION MAP SERIES MAP#lB 2011 I I L-- FUNCTIONAL CLASSIFICATION (West of 1-95) (-. ~ I I I I I - ' -~'-'' t i..~ _:5'~~~D 10N. I PARK ii j BLVD ~ ~-..;.I-Y1 I :1 ;. :1 \ 6-Lane Expressway - Divided 6-Lane Arterial - Divided - 4-Lane Arterial - Divided Lane Arterial.. - IIWN1t11UmM Lane Collector - Divided Lane Collector - Divided Lane Major Collector 2-Lane Minor Collector I I,e.:rJ ~ 1000 SCALE 1H FEET ooo i NORTH

76 re-=. r w i4e ~ PALM BAY PARKWAY EXTENSION PREFERRE_D CORRIDOR C. I.a, ~ = ===- = =:...;::_-=-=~=-=~ -::...: -====_.: ~==================-=- :_.; ~--=------

77 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, November 2, 2016, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Chairperson Philip Weinberg called the meeting to order at approximately 7:00 p.m. Ms. Leeta Jordan led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRPERSON: VICE CHAIRPERSON: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: Philip Weinberg Wendall Stroderd Leeta Jordan Khalilah Maragh William Pezzillo Rainer Warner Thomas "Woody" Woodrum Michele Quinn (School Board Appointee) Present Present Present Present Present Present Present Present (Late) CITY STAFF: Pres ent were Mr. Stuart Buchanan, Growth Management Director; Mr. Patrick Murphy, Assistant Growth Management Director; Robert Loring, Planner; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. James Stokes, Board Attorney. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Mr. Weinberg read Form BB Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, disclosing Mr. Stroderd's conflict of interest with Case CU , Sunshine Petro, Inc., which was submitted into the record,at the October 5, 2016 Regular Planning and Zoning Board/Local Planning Agency Meeting. Motion by Ms. Jordan, seconded by Mr. Stroderd to approve the minutes as presented. The motion carried with members voting unanimously.

78 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes - November 2, 2016 Page 10 of 13 Mr. Weinberg Mr. Stroderd Ms. Jordan Ms. Maragh Mr. Pezzillo Mr. Warner Mr. Woodrum Aye Aye Aye Aye Aye Aye Nay 10. CP CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Buchanan presented the staff report for Case CP The applicant had requested a Comprehensive Plan Amendments to the Future Land Use Element Map Series related to Urban Service Boundaries; Capital Improvements Element adding and removing capital projects for consistency with the City's adopted Capital Improvement Program; Transportation Element Map Series amending Roadway Functional Classifications and Future Transportation Map Series; and Transportation Element Policy TC-1.4E and TC-1.4F. The staff report for Case CP was prepared by staff. Mr. Buchanan explained that capital improvement projects must be in the Comprehensive Plan in order to receive state and federal grant funding. The subject amendment would add the final leg of the St. Johns Heritage Parkway with the related PD&E reports and National Environmental Protection Act (NEPA) standards. The widening of Emerson Drive near the Parkway and the Calumet Farms property were also added. Mr. Woodrum asked when the St. Johns Heritage Parkway would be completed. Mr. Buchanan stated that including the Parkway in the Comprehensive Plan was the first step of a five-year work plan. Ms. Maragh wanted to know if the project would be entirely financed with grant funding. Mr. Buchanan indicated that this was correct. The project would be federally funded. The floor was opened and closed for public comments, and there were no letters in the file.

79 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes - November 2, 2016 Page 11 of 13 Motion by Mr. Pezzillo, seconded by Ms. Jordan to submit Case CP to City Council for approval of Comprehensive Plan Amendments to the Future Land Use Element Map Series related to Urban Service Boundaries; Capital Improvements Element adding and removing capital projects for consistency with the City's adopted Capital Improvement Program; Transportation Element Map Series amending Roadway Functional Classifications and Future Transportation Map Series; and Transportation Element Policy TC-1.4E and TC-1.4F. The motion carried with members voting unanimously. 11. T CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Buchanan presented the staff report for Case T The applicant had requested a textual amendment to the Code of Ordinances, Title V, Legislative, Chapter 51: Public Hearings, to modify Section 51.04; Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, to modify Sections and ; Chapter 179: Streets and Other Rights-of-Way, to create Section , Road Surfaces; Chapter 185: Zoning Code, to modify Sections , Definitions; District Regulation Sections , , , ; Planned Unit Development (PUD) Sections , , ; Supplementary District Regulations Section ; Nonconformance Provisions Sections , , , , ; and Administration and Enforcement Sections , , , The staff report for Case T was prepared by staff. Mr. Weinberg noted that Section Roadway Surfacing should be corrected to indicate 50 percent or more of the platted lots being developed. Mr. Buchanan concurred with the correction. Mr. Buchanan provided the board with additional revisions to Section , CC, Community Commercial District and to Section , HC, Highway Community Commercial District, to exclude future mini-storage warehouses from those districts. Mr. Stroderd noted that Section Withdrawals should be corrected by removing the word "nor. " Mr. Buchanan concurred with the correction.

80 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 183, COMPREHENSIVE PLAN REGULATIONS, SECTION , COMPREHENSIVE PLAN, SUBSECTION (C), ADOPTION OF COMPREHENSIVE PLAN; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Bay has designated the Planning and Zoning Board as its Local Planning Agency and said Local Planning Agency held a public hearing on an amendment to the Comprehensive Plan on November 2, 2016, after public notice, and WHEREAS, the City Council of the City of Palm Bay, pursuant to Chapter 163, Florida Statutes, held a public hearing on an amendment to the Comprehensive Plan on December 1, 2016, after public notice, and WHEREAS, the City Council of the City of Palm Bay, pursuant to Chapter 163, Florida Statutes, submitted the amendment to the Florida Department of Economic Opportunity for review and comment, and WHEREAS, the Florida Department of Economic Opportunity submitted an Objections, Recommendations, and Comments Report regarding the amendment, and WHEREAS, the City Council of the City of Palm Bay has considered the Objections, Recommendations, and Comments provided and has addressed all objections, and WHEREAS, the City Council of the City of Palm Bay, pursuant to Chapter 163, Florida Statutes, held an adoption public hearing on the amendment to the Comprehensive Plan on December 1, 2016, after public notice, and

81 City of Palm Bay, Florida Ordinance No Page 2 of 3 WHEREAS, the City Council of the City of Palm Bay desires to adopt said amendment to the Future Land Use Element of the Comprehensive Plan of the City of Palm Bay. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The Comprehensive Plan of the City of Palm Bay, Brevard County, Florida, is hereby amended to provide for the changes to the Future Land Use Element as identified in Exhibit A, attached hereto and made an integral part hereof. SECTION 2. All staff report conditions and limitations shall be met and those conditions and limitations shall be made a part of the Comprehensive Plan. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 5. This ordinance shall become effective when the state land planning agency issues a final order determining the adopted amendments to be in compliance in accordance with Section (9), Florida Statutes, or when the Administrative Commission issues a final order determining the adopted amendments to be in compliance in accordance with Section (10), Florida Statutes. If the Administration Commission issues a final order determining the adopted amendment to not be in compliance in accordance with Section (11), Florida Statutes, this ordinance may still be made effective by resolution at a public meeting after public notice, subject to any sanctions imposed by the Administrative Commission pursuant to Section (11), Florida Statutes.

82 City of Palm Bay, Florida Ordinance No Page 3 of 3 Read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK Reviewed by CAO: Applicant: Case No.: City of Palm Bay CP *Only one reading required per Chapter 163, Florida Statutes.

83 City of Palm Bay, Florida Ordinance No EXHIBIT A PROPOSED AMENDMENTS Transportation Element Policy TC-1.4F: II GOALS, OBJECTIVES AND POLICIES (cont.) POLICIES (cont.): The land development regulations shall include a Transportation Corridor Management Ordinance for the southern extension (south of Malabar Road) of the Palm Bay Parkway consistent with the Recommended Alignment established by the Palm Bay Parkway Extension Preferred Corridor map adopted in the Future Transportation Map Series. A consistent alignment shall be defined as a 200 right-of-way corridor extending from Malabar Road on the northern end Interstate 95 on the southeastern end and shall be identified by a legal description within the Ordinance. The Transportation Corridor Management Ordinance shall be adopted prior to the City granting any development permits for projects within the corridor identified on Future Transportation Map Series Map #8. The alignment shall be based upon the preferred alignment of a PD & E study conducted to Federal NEPA standards. TRANSPORTATION IMPROVEMENTS 1. St. John s Heritage Parkway PD & E Trans. Element Policy 1.1A Project Description: PD & E study for arterial roadway, from Malabar Road south to Babcock Street Fiscal Year Ending Sept. 30, Total Local $450,000 $450,000 Total $450,000 $450, St. John s Heritage Parkway ROW Acq. Trans. Element Policy 1.1A Project Description: ROW acquisition for arterial roadway, from Malabar Road south to Babcock Street Fiscal Year Ending Sept. 30, Total State & Local Match $6,000,000 $6,000,000 Total $6,000,000 $6,000,000

84 MEMO TO: FROM: DATE: SUBJECT: Honorable Mayor and Member Terese M. Jones, City Clerk December 1, 2016 Textual Amendments - City of The City of Palm Bay has submitted an application for textual amendments to the Code of Ordinances, in order to revise procedures within sections of the following chapters: 1) Title V, Legislative, Chapter 51; and 2) Title XVII, Land Development Code, Chapters 170, 179 and 185. Staff Findings: The proposed textual amendments will provide internal consistency, consistency with the Comprehensive Plan, and adopt procedures similar to our neighboring municipalities. Planning and Zoning Board Recommendation: Unanimous approval of the requests, with the condition that new Section , Roadway Surfacing, be corrected to indicate the percentage as fifty percent (50%) or more. Ordinance Nos , , and , respectively, have been prepared for consideration at tonight's meeting. If you should have any questions, please advise. /tjl Attachments Case No. T

85 Land Development Division 120 Malabar Road SE Palm Bay, FL CODE TEXTUAL AMENDMENT APPLICATION This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, prior to 5:00 p.m. on the first day of the month to be processed for consideration by the Planning and Zoning Board the following month. The application will then be referred to the Planning and Zoning Board for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). The Planning and Zoning Board holds their regular meeting the first Wednesday of every month at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road, SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) City of Palm Bay (Growth Management Department) ADDRESS 120 Malabar Road SE CITY Palm Bay STATE FL ZIP PHONE# (321 ) FAX # (321 ) ADDRESS stuart.buchanan@palmbayflorida.org PERSON(S) TO BE NOTIFIED (if different from above) ADDRESS CITY STATE ZIP PHONE# FAX# ADDRESS 2) ORDINANCE SECTION PROPOSED TO BE CHANGED: Secs , , , , , , , , , , , , , thru , thru ) PROPOSED LANGUAGE (attach addendum if necessary):_s_e_e_a_tt_ac_h_e_d. 4) JUSTIFICATION FOR PROPOSED CHANGE (attach other documents if necessary): In order to revise, create, and define standards. 5) *A $1, APPLICATION FEE. MAKE CHECK PAYABLE TO "CITY OF PALM BAY." Revision E: 10/15

86 CITY OF PALM BAY, FLORIDA CODE TEXTUAL AMENDMENT APPLICATION PAGE 20F 2 I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONS ID ERATION BY THE PLANNING AND ZON IN G BOARD /LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING CODE TEXTUAL AMENDMENT APPLICATION AND THAT THE FACTS STATED IN IT ARE TRUE. Signature of Applicant 09/30/ oo-'-= ,'-' = ~ ~-- -- Date Printed Name of Applicant Stuart Buchanan, Growth Management Director *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision E: 10/15

87 ~ The City 01 Florida PalmBay CITY OF PALM BAY DATE: November 2, 2016 T CASE#: LAND DEVELOPMENT TEXTUAL AMENDMENT APPLICATION DIVISION STAFF REPORT PROPOSAL: A textual amendment to the Code of Ordinances, in order to revise procedures. CODE CITATION: Sections 51.04, , , , , , , , , , , , , , , , , , , , , and APPLICABILITY: Citywide APPLICANT: City of Palm Bay (Growth Management Department) COMPLIANCE WITH THE COMPREHENSIVE PLAN: The proposed Code amendments are consistant with the Comprehenisve Plan.

88 CASE NO. T NOVEMBER 2, 2016 PAGE 1 BACKGROUND: The subject chapters in the Code of Ordinances includes several references adopted in the 1972 Code prepared by General Development Corporation. ANALYSIS : The proposed amendments will update the existing Code to similar procedures adopted by local municipalities. STAFF FINDINGS: The proposed textual amendments will provide internal consistency, consistency with the Comprehensive Plan, and adopt procedures similar to our neighboring municipalities.

89 PROPOSED AMENDMENT WITHDRAWALS. In the event an applicant withdraws a matter that has been advertised for a public hearing, any re-application for neither such matter nor a matter with similar issues shall be required to meet all public notification requirements, including but not limited to: readvertisement, courtesy notices, and posting of the property., refiled again with the City Council or a board fur a period of six (6) months from the date of the public hearing from which it was withdrawn. ('74 Code, 2-54) (Ord , passed ; Am. Ord , passed ) ADOPTED. (A) The International Property Maintenance Code, 2015, as adopted by the International Code Congress, exclusive of Section 111, Means of Appeals, contained therein, is adopted as the property maintenance code for the city, and is, by reference, incorporated herein and made a part of this section as if fully set forth herein. (B) The city's administrative amendments to the International Property Maintenance Code are hereby adopted, and by reference, incorporated herein as Exhibit B and made a part of this section as if fully set forth herein. ('74 Code, 8-70) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) ENFORCEMENT. The provisions of this subchapter shall be enforced by the City Manager Building Official, or licensed designee, of the city. ('74 Code, 8-71) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) ROADWAY SURFACING For any block face with 50% or less of the platted lots being undeveloped, the road surface may be pulverized at the discretion of the City Engineer DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning

90 COMMERCIAL VEHICLE. Any truck, bus, trailer, portable equipment, machinery, or similar vehicle or combination thereof used or intended to be used for any commercial enterprise or business purpose, or which has over four (4) wheels, more than two (2) axles, a height greater than eight (8) feet or has an overall length of more than twentytwo (22) feet, excluding self-propelled roadway vehicles less than six thousand (6,000) pounds net weight and pickup trucks with a standard pickup truck bed with a carrying capacity no greater than one and one-half (1.5) ton gross weight five thousand (5,000) pounds gross weight. SUBMERGED LANDS. Submerged lands include, but are not limited to, tidal lands, islands, sandbars, shallow banks and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters. Privately owned submerged lands may be utilized for the calculation of density and intensity of residential and commercial development CC - COMMUNITY COMMERCIAL DISTRICT. (A) Intent. The purpose of the community commercial district shall be to locate and establish areas within the city which are deemed to be uniquely suited for the development and maintenance of community commercial facilities, the areas to be primarily located in or near the intersection of arterial roadways; to designate those uses and services deemed appropriate and proper for location and development within the subject district; and to establish such development standards and provisions as are appropriate to ensure proper development and functioning of uses within the district. (B) Principal uses and structures. The following uses and structures are permitted: (1) Retail stores, sales and display rooms (not including lumber and building supply, and similar uses). (2) Personal service establishments such as beauty and barber, laundry and dry cleaning pick-up stations, and the like. (3) Professional offices, studios, clinics, general offices, government office, business schools and similar uses. (4) Schools, libraries, churches and similar uses. (5) Day care centers. (6) Restaurant, eating and drinking establishments (including a drive-through). (7) Public utility equipment and facilities. (8) Banks and financial institutions with or without drive-through facilities. (9) Business service establishments. (10) Clubs, lodges, and fraternal organizations. (11) Dry cleaning establishments using noninflammable solvents and cleaning fluids as determined by the Fire Chief. (12) Funeral homes. (13) Repair service establishments such as household appliances, radio and television, and similar uses, and automobile service establishments excluding body shops, upholstering, and painting. Subject to the following : (a) There shall be no storage of junked or wrecked motor vehicles other than temporary storage for those vehicles awaiting repair. All vehicles shall have attached at - 2 -

91 all times a current vehicle registration license plate and shall be parked on a paved surface. Any wrecked vehicles shall be in an enclosed area and shall not be visible from outside the property. (14) Hotels, motels and guest cottages. (a) The minimum living area per hotel/motel efficiency unit shall be two hundred and eighty (280) square feet. (b) There shall be no more than seventy-five (75) rental units per acre. (15) Hospitals and nursing homes. (16) Xerographic and offset printing. (17) Plant nurseries and green houses. (18) Public and private parking facilities. Must have at least a minimum-sized building on site. (19) Veterinarian clinics provided all activities are within the principal structure and there is no boarding of animals. (20) New and used automobiles, major recreational equipment and mobile home sales and rentals with accessory uses, subject to the following restrictions: (a) All outside areas where merchandise is displayed shall be paved, meeting city specifications; (b) All servicing and repair facilities, except for gasoline pumps, shall be located in an enclosed structure; (c) There shall be no storage of junked or wrecked automobiles other than temporary storage for those awaiting repair. Such temporary storage shall be in an enclosed area and the vehicles shall not be visible from outside the property. All such vehicles awaiting repair shall have attached at all times current vehicle registration license plates; (d) The lot must have frontage on an arterial roadway as identified in the adopted City Comprehensive Plan ; (e) All requirements of the Palm Bay Sign Ordinance must be met; (f) All areas utilized for the parking of motor vehicles, major recreational equipment, and mobile homes for sales, lease or rental or awaiting repair must meet the parking setbacks, must be in addition to required parking spaces, aisles and drives required by et seq., and shall be considered parking areas under the terms ; (g) Required parking shall be provided based on a one (1) space for each two hundred (200) square feet of gross floor area of the structure used primarily to conduct sales and one (1) space per employee on the largest working shift; (h) The property must have minimum frontage on an arterial roadway of one hundred (100) feet; (i) Gasoline facilities may be permitted as accessory uses, provided the requirements of division (D)(2)(c), (d), and (g) below are complied with. Retail sales are prohibited unless conditional use approval is granted. (21) State approved tattoo par1ors. (22) Public uses. (23) Medical and dental manufacturing labs. (24) Indoor commercial recreation such as theaters, driving ranges, bowling alleys, and similar uses, excluding dance clubs

92 (25) Arcade amusements centers; subject to the following regulations: (a) The facility shall be located no less than one hundred (100) feet, measured from the outer wall of the facility to the closest property line, of any residentially zoned land, as well as any land designated as recreation and open space use by the Palm Bay Comprehensive Plan Future Land Use Map. (b) The facility shall be located no less than one thousand (1,000) feet, measured from the outer wall of the facility to the closest property line, of any school. (c) No two facilities, operating pursuant to this subdivision, shall be located closer than five hundred (500) feet from one another, measured from the closest outer wall of each facility. (d) The number of devices within the facility shall be governed by the Land Development Code of the City of Palm Bay, as well as applicable Florida Statutes and laws. (C) Accessory uses and structures. Customary accessory uses of one (1) or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the intense commercial character of the district. All storage shall be in an enclosed structure, unless otherwise provided for herein. (D) Conditional uses. (1) Auto body repair, upholstering and painting. (a) There shall be no storage of junked or wrecked vehicles other than temporary storage for those awaiting repair. All vehicles shall have attached at all times a current vehicle registration license plate. (b) Any wrecked vehicles awaiting repair shall be in an enclosed area and the vehicle shall not be visible from outside the property and shall be parked on a paved surface. (2) Retail automotive gas/fuel sales: (a) Access. Retail automotive gas/ fuel sales establishments shall be located on arterial roadways or on comer lots at the intersection of collector streets or higher functional classification as identified in the adopted Palm Bay Comprehensive Plan. No more than two (2) corner lots at any one (1) intersection shall be used for retail gasoline or automotive fuel sales. No driveway or access shall be permitted within one hundred (100) feet from an intersection of collector streets or higher functional classification. (b) Minimum street frontage: one hundred and fifty (150) feet on each abutting street. (c) Location of facilities: Gasoline, fuel pumps, storage tanks and other service island equipment shall be at least twenty (20) feet from all property lines, fifteen (15) feet from any building, and one hundred (100) feet from the nearest residentially owned land. No gasoline fuel pump, storage tank or other equipment shall be located closer than one thousand (1,000) feet from any municipal or public supply well. (d) Tank storage. Underground storage required for all receptacles for combustible materials in excess of two hundred (200) gallons. (e) The proposed use will not constitute a nuisance or hazard because of vehicular traffic movement, delivery of fuel movement, noise or fume generation. (f) Signs, if any, and proposed exterior lighting will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility or disharmony with adjoining properties

93 (g) Development and operation of the fuel pumps and attendant storage tanks shall be in compliance with et seq. of this code of ordinances. (3) Indoor dance clubs, outdoor recreation, and outdoor amusement such as amusement parks, driving ranges, batting cages, go-cart tracks, outdoor skating facilities, miniature golf courses and similar uses. (4) Commercial radio and television broadcasting. (5) Marinas including wet and dry storage. (6) Car washes. (7) Permitted uses or uses permissible by conditional use exceeding seventy (70) feet in height. (8) Self storage facilities subject to the provisions established in (F). (9) Communication towers and facilities. (10) Eating and drinking establishments that allow patrons to dance to music, subject to the provisions set forth in (H). (11) i1ql Human crematoriums: (a) May only be allowed in conjunction with a funeral home. (b) Crematoriums shall adhere to the principal use setbacks of the CC district, except where the subject property abuts residentially zoned land. In this instance, all portions of the building that contains the crematorium must be setback a minimum of one hundred (100) feet from any land zoned residential. (c) All crematoriums must be placed within a sound-proof building and this building shall be constructed in such a manner to reduce vibrations. The building shall also contain the proper apparatus for eliminating emissions. (d) All crematorium facilities shall have an annual Visual Emissions Test conducted and a copy of the inspection report provided to the City. (e) All crematoriums must obtain a Florida Department of Environmental Protection (FDEP) Non-Title V permit, per Fla. Stat (E) Prohibited uses and structures: (1) All uses not specifically or provisionally permitted herein; any uses not in keeping with the community commercial character of the district. (2) Corrections facilities. (3) Pain-management clinic. (4) Electronic gaming establishments. (F) Lot and structure requirements: (1) Minimum lot area - twelve thousand five hundred (12,500) square feet. (2) Minimum lot width - one hundred (100) feet. (3) Minimum lot depth - one hundred and twenty-five (125) feet. (4) Maximum building coverage - thirty-five percent (35%). (5) Minimum floor area - three hundred (300) square feet. (6) Maximum height - seventy (70) feet. (7) Minimum yard requirements: (a) Front: thirty (30) feet minimum building setback. Parking areas may be located in the front yard except within ten (10) feet of the front lot line. (b) Side interior: ten (10) feet minimum building setback. Parking areas may be located in the side yard, except within five (5) feet of the side lot line. Side yards -5-

94 abutting residentially zoned property shall maintain a twenty- five (25) foot minimum setback for all buildings and parking. (c) Side comer: twenty-five (25) feet minimum building setback. Parking areas may be located in the side comer yard, except within ten (10) feet of any public or private street. (d) Rear: twenty- five (25) feet minimum building and parking area setback; ten (10) feet when abutting a dedicated alley. (8) Shared access and parking areas. (a) No side interior building and parking area setbacks are required provided all of the following are met: 1. Buildings on adjacent parcels, under separate ownership, are joined by a common wall ; 2. Parking areas and aisles are joined with adjacent parcel(s) under separate ownership; 3. Curb cuts and driveways on principal roadways (collector and arterial streets) are shared in common parcels involved and a minimum spacing of one hundred and fifty (150) feet is maintained; or access is provided by an approved frontage road ; 4. Easements and/or written assurances of cross access and a sharing of common facilities (stormwater system, solid waste container(s), lighting, landscaping, etc.), as may be applicable, from all property owners involved must be approved prior to the issuance of a building permit. (b) No interior side parking area setbacks are required provided the requirements of divisions 2. through 4. are met. (c) For adjacent developments meeting the requirements of divisions 2. through 4. above, the total number of off-street parking spaces required for uses on all parcels involved may be reduced by ten percent (10%) where the location of shared parking areas provides convenient access to all principal buildings. (9) A six (6) foot high completely opaque masonry wall, or wood fence shall be provided along the entire length of any side or rear property line abutting property zoned residential. Landscaping shall be provided in accordance with the landscape requirements of this zoning code. (10) Design requirements. (a) An Architectural Style for each structure is required. This shall include adherence to all standards contained in ('74 Code, ) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) - 6 -

95 HC - HIGHWAY COMMERCIAL DISTRICT. (A) Intent. The purpose of the highway commercial district shall be to provide areas within Palm Bay which are deemed to be uniquely suited for the development and maintenance of highway oriented businesses and regional scale facilities, the areas to be primarily located along or near the intersection of major arterials and major transportation nodes; to designate those uses and senices deemed appropriate and proper for location and development within the subject district; and to establish such development standards and provisions as are appropriate to ensure proper development and functioning of uses within the district. (B) Principal uses and structures. The following uses and structures are permitted: (1) Retail stores, sales and display rooms, including places in which goods are produced and sold at retail on premises. (2) Personal senices establishments such as barber and beauty shops, fitness salons, laundry and dry cleaning establishments using noninflammable solvents as determined by the Fire Chief, tailor shops and similar uses. (3) Professional offices, studios, clinics, general offices, business schools and similar uses, including veterinarian clinics provided all activities are within the principal structure and there is no boarding of animals. (4) Hotels, motels, tourist courts. (a) The minimum living area per hotel/motel efficiency unit shall be two hundred and eighty (280) square feet. (b) There shall be no more than fifty (50) rental units per acre. (5) Eating and drinking establishments including drive-through facilities. (6) Indoor commercial recreation such as theaters, driving ranges, bowling alleys and similar uses, excluding dance clubs. (7) Banks and financial institutions with drive-through facilities. (8) Retail stores using outside display areas including plant nurseries, and building supplies providing the following provisions are met: (a) The outside display area may be open along the front of the lot but shall be effectively screened with a six (6) foot opaque wall or fence rendering the sides and rear opaque in order to avoid any deleterious effect on adjacent properties. (b) The o~tside display area shall be considered the same as the floor area for the purpose of calculating off-street parking requirements, yard and lot coverage regulations. (c) All outside display items with the exception of new and/or used vehicles for sale shall meet a twenty (20) foot front and side setback and a thirty (30) foot rear setback. New and used vehicles for sale or rent shall meet the parking setback requirements established in division (E)(7) below. (d) The sale of sheds or other accessory buildings is prohibited within the Bayfront Community Redevelopment District east of the Florida East Coast Railroad. (9) Public and private clubs and lodges including golf courses and similar activities. (10) New and used motor vehicles, major recreational equipment and mobile home sales and rentals with accessory uses; subject to the following restrictions: (a) All outside areas where merchandise is displayed shall be paved. -7-

96 (b) All servicing and repair facilities, except for gasoline pumps, shall be located in an enclosed structure. (c) There shall be no storage of junked or wrecked automobiles other than temporary storage for those awaiting repair. Such temporary storage shall be in an enclosed area and the vehicles shall not be visible from outside the property. All vehicles shall have attached at all times a current vehicle registration license plate. (d) Used motor vehicles may only be sold on the same site as a new motor vehicle dealership within the Bayfront Community Redevelopment District in the area east of the Florida East Coast Railroad. (e) Major recreational equipment and mobile home sales and rentals with accessory uses are not permitted within the Bayfront Community Redevelopment District in the area east of the Florida East Coast Railroad. (11) Auto repair, paint, upholstering and body shops subject to provisions (1 O)(a) through (c) above except within the Bayfront Community Redevelopment District in the area east of the Florida East Coast Railroad. (12) Public utility equipment and facilities not located within a public utility easement. (13) Hospitals and nursing homes. (14) Schools, churches, and libraries. (15) Day care centers. (16) Business service establishments. (17) Dry cleaning. (18) Funeral homes. (19) Xerographic and off-set printing. (20) Public and private parking lots and garages. (21) Public uses. (22) Arcade amusements centers; subject to the following regulations: (a) The facility shall be located no less than one hundred (100) feet, measured from the outer wall of the facility to the closest property line, of any residentially zoned land, as well as any land designated as recreation and open space use by the Palm Bay Comprehensive Plan Future Land Use Map. (b) The facility shall be located no less than one thousand (1,000) feet, measured from the outer wall of the facility to the closest property line, of any school. (c) No two facilities, operating pursuant to this subdivision, shall be located closer than five hundred (500) feet from one another, measured from the closest outer wall of each facility. (d) The number of devices within the facility shall be governed by the Land Development Code of the City of Palm Bay, as well as applicable Florida Statutes and laws. (C) Accessory uses and structures. Customary accessory uses of one (1) or more of the principal uses clearly subordinate to the principal use, in keeping with the intense commercial character of the district. (D) Conditional uses. (1) Retail automotive gas/fuel sales: (a) Access. Retail automotive gas/ fuel establishments shall be located on arterial roadways or on corner lots at intersections of collector streets or higher - 8 -

97 functional classification as identified in the adopted Palm Bay Comprehensive Plan. No more than two (2) corner lots at any one (1) intersection shall be used for retail gasoline or automotive fuel sales. No driveway or access shall be permitted within one hundred (100) feet from an intersection of collector streets or higher functional classification. (b) Minimum street frontage: one hundred and fifty (150) feet on each abutting street. (c) Location of facilities. Gasoline/ fuel pumps, storage tanks and other service island equipment shall be at least forty (40) feet from all property lines, fifteen (15) feet from any building, and one hundred (100) feet from the nearest residentially zoned land. No gasoline/fuel pump, storage tank or other equipment shall be located closer than one thousand (1,000) feet from any municipal or public supply well. (d) Tank storage: Underground storage required for all receptacles for combustible materials in excess of two hundred (200) gallons. (e) The proposed use will not constitute a nuisance or hazard because of vehicular traffic movement, delivery of fuel movement, noise or fume generation. (f) Signs, if any, and proposed exterior lighting will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility or disharmony with adjoining properties. (g) Development and operation of the fuel pumps and attendant storage tanks shall be in compliance with et seq. (2) Commercial radio and television broadcasting. (3) Marinas. ( 4) Car washes. (5) Self storage facilities subject to the provisions established in (F). (6) Communication towers and facilities. (6)f7t Eating and drinking establishments that allow patrons to dance to music, subject to the provisions set forth in (H). (7)~ Indoor dance clubs, outdoor recreation, and outdoor amusement such as amusement parks, driving ranges, batting cages, go-cart tracks, outdoor skating facilities, miniature golf courses and similar uses. (E) Prohibited uses and structures. (1) All uses not specifically or provisionally permitted herein; any use not in keeping with the commercial character of the district. (2) Corrections facilities. (3) In the Bayfront Community Redevelopment District east of the Florida East Coast Railroad: (a) Used motor vehicle sales not on the same site as a new motor vehicle dealership; (b) Major recreational vehicle equipment and mobile home sales and rentals with accessory uses; (c) The sale of sheds or other accessory structures; and (d) Auto repair, upholstery and body shops. (4) Pain-management clinic. (5) Electronic gaming establishments. (F) Lot and structure requirements: - 9 -

98 (1) Minimum lot area - fifteen thousand six hundred and twenty-five (15,625) square feet. (2) Minimum lot width - one hundred and twenty-five (125) feet. (3) Minimum lot depth - one hundred and twenty-five (125) feet. (4) Maximum building coverage - thirty-five percent (35%). (5) Minimum floor area - three hundred (300) square feet. (6) Maximum height- forty (40) feet. (7) Minimum yard requirements: (a) Front - fifty (50) feet minimum building setback. Parking areas may be located in the front yard, except within ten (10) feet of the front lot line. (b) Side interior - twenty (20) feet minimum building setback. Parking areas may be located in the side yard, except within ten (10) feet of the side lot line. Side yards abutting residentially zoned property shall maintain a twenty-five (25) foot minimum setback for all buildings and parking. (c) Side corner - twenty-five (25) feet minimum building setback. Parking areas may be located in the side corner yard, except within ten (10) feet of any public or private street. (d) Rear - thirty (30) feet minimum building and parking area setback; fifteen (15) feet when abutting a dedicated alley. (8) Shared access and parking areas. (a) No side interior building and parking area setbacks are required provided all of the following are met: 1. Buildings on adjacent parcels, under separate ownership, are joined by a common wall; 2. Parking areas and aisles are joined with adjacent parcel(s) under separate ownership. 3. Curb cuts and driveways on principal roadways (collector and arterial streets) are shared in common by all parcels involved and a minimum spacing of two hundred (200) feet is maintained; or access is provided by an approved frontage road. 4. Easements and/or written assurances of cross access and a sharing of common facilities (stormwater system, solid waste container(s), lighting, landscaping, etc.), as may be applicable, from all property owners involved must be approved prior to the issuance of a building permit. (b) No interior side parking area setbacks are required provided the requirements of divisions 2. through 4. above are met. (c) For adjacent developments meeting the requirements of divisions 2. through 4. above, the total number of off-street parking spaces required for uses and all parcels involved may be reduced by ten percent (10%) where the location of shared parking areas provides convenient access to all principal buildings. (9) A six (6) foot high completely opaque masonry wail, or wood fence shall be provided along the entire length of any side or rear property line abutting property zoned residential. Landscaping shall be provided in accordance with the landscape requirements of this zoning code. (10) Design requirements. (a) An Architectural Style for each structure is required. This shall include adherence to all standards contained in ('74 Code, )

99 (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) FC- FLOODWAY CONSERVATION DISTRICT. (A) Intent. The provisions of this district are intended to protect persons and property from the hazards of floodways and to conserve important natural resources for ecological purposes, open space needs and the enjoyment and education of present and future residents. (8) Principal uses and structures: (1) Open space devoted to the conservation of natural waterways, vegetation and wildlife. (2) Aquatic preserves and outstanding Florida waters. (3) Canoe trails. (4) Hiking and/or bicycle trails. (5) Nature study areas and boardwalks. (6) Fishing and wildlife preserves. (7) Public parks. (8) Public or private open space as part of a planned unit development, ORI or other project. (9) Natural drainage area. (10) Pavilions for outdoor exhibits or special nature study. (11) Public or private storm water retention areas. (C) Accessory uses and structures: (1) Customary accessory uses clearly incidental and subordinate to one (1) or more principal uses. (D) Conditional uses: (1) Single-family homes at a maximum density of one (1) unit per ten (10) acres. (2) Public facilities. (3) Boat ramps or docks. (4) Camping areas. (5) Private drainage areas serving acjiacent property. (E) Prohibited uses and structures: All uses not specifically or provisionally provided for herein. (F) Lot and structure requirements: (1) Minimum lot area - None except as specifically provided for above. (2) Minimum lot width - one hundred (100) feet for single-family; none otherwise. (3) Minimum lot depth - two hundred (200) feet for single-family; none otherwise. (4) Maximum building coverage - five percent (5%)

100 (5) Minimum floor area - one thousand (1,000) square feet for single-family; none, otherwise. (6) Maximum height - twenty-five (25) feet. (7) Minimum yard requirements: (a) Front - fifty (50) feet. (b) Side interior- twenty-five (25) feet. (c) Side comer- twenty-five (25) feet. ( d) Rear - twenty-five (25) feet. ('74 Code, ) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) PCD - PLANNED COMMERCIAL DEVELOPMENT DISTRICT. (A) Intent. The purpose of the planned commercial development district shall be to locate and establish areas within the city which are deemed to be uniquely suited for the management and development of strategically designed commercial projects. These shared commercial developments shall have frontage upon an arterial roadway, as established in the Palm Bay Comprehensive Plan. The minimum size necessary for a PCD is five (5) acres. The application of the PCD district shall be approved by City Council and shall adhere to the design requirements contained herein. (B) Principal uses and structures. The following uses and structures are permitted: (1) Retail stores, sales and display r:ooms, including places in which goods are produced and sold at retail on premises. (2) Personal senices establishments such as barber and beauty shops, fitness salons, laundry and dry cleaning establishments using noninflammable solvents as determined by the Fire Chief, tailor shops and similar uses. (3) Professional offices, studios, clinics, general offices, business schools and similar uses, including veterinarian clinics provided all activities are within the principal structure and there is no boarding of animals. (4) Hotels, motels, tourist courts. (a) The minimum living area per hotel/motel efficiency unit shall be two hundred and eighty (280) square feet. (b) There shall be no more than fifty (50) rental units per acre. (5) Eating and drinking establishments including drive-through facilities. (6) Indoor commercial recreation such as theaters, driving ranges, bowling alleys and similar uses, excluding dance clubs. (7) Banks and financial institutions with drive-through facilities. (8) Retail stores using outside display areas including plant nurseries, and building supplies providing the following provisions are met: (a) The outside display area may be open along the front of the lot but shall be effectively screened with a six (6) foot opaque wall or fence rendering the sides and rear opaque in order to avoid any deleterious effect on adjacent properties. (b) The outside display area shall be considered the same as the floor area for the purpose of calculating off-street parking requirements, yard and lot coverage regulations

101 (c) All outside display items with the exception of new and/or used vehicles for sale shall meet a twenty (20) foot front and side setback and a thirty (30) foot rear setback. New and used vehicles for sale or rent shall meet the parking setback requirements established in division (E)(7) below. (d) The sale of sheds or other accessory buildings is prohibited within the Bayfront Community Redevelopment District east of the Florida East Coast Railroad. (9) Public and private clubs and lodges including golf courses and similar activities. (10) New and used motor vehicles, major recreational equipment and mobile home sales and rentals with accessory uses; subject to the following restrictions: (a) All outside areas where merchandise is displayed shall be paved. (b) All servicing and repair facilities, except for gasoline pumps, shall be located in an enclosed structure. (c) There shall be no storage of junked or wrecked automobiles other than temporary storage for those awaiting repair. Such temporary storage shall be in an enclosed area and the vehicles shall not be visible from outside the property. All vehicles shall have attached at all times a current vehicle registration license plate. (11) Public utility equipment and facilities not located within a public utility easement. (12) Hospitals and nursing homes. (13) Schools, churches, and libraries. (14) Day care centers. (15) Business service establishments. (16) Public uses. (C) Accessory uses and structures. Customary accessory uses of one (1) or more of the principal uses clearly subordinate to the principal use, in keeping with the intense commercial character of the district. (D) Conditional uses. (1) Retail automotive gas/fuel sales: (a) Location of facilities. Gasoline/fuel pumps, storage tanks and other service island equipment shall be at least forty (40) feet from all property lines, fifteen (15) feet from any building, and one hundred (100) feet from the nearest residentially zoned land. No gasoline/fuel pump, storage tank or other equipment shall be located closer than one thousand (1,000) feet from any municipal or public supply well. (b) Tank storage: Underground storage required for all receptacles for combustible materials in excess of two hundred (200) gallons. (c) The proposed use will not constitute a nuisance or hazard because of vehicular traffic movement, delivery of fuel movement, noise or fume generation. (d) Signs, if any, and proposed exterior lighting will be so designed and arranged so as to promote traffic safety and to eliminate or minimize any undue glare, incompatibility or disharmony with adjoining properties. (e) Development and operation of the fuel pumps and attendant storage tanks shall be in compliance with et seq. (2) Commercial radio and television broadcasting. (3) Marinas. ( 4) Car washes. (5) Self storage facilities subject to the provisions established in (F)

102 (6) Communication towers and facilities. (7) Eating and drinking establishments that allow patrons to dance to music, subject to the provisions set forth in (H). (8) Indoor dance clubs, outdoor recreation, and outdoor amusement such as amusement parks, driving ranges, batting cages, go-cart tracks, outdoor skating facilities, miniature golf courses and similar uses. (E) Setbacks. The setback required from the nearest part of any wall to the perimeter of the project shall be included in the development plan and approved by City Council. (F) A six (6) foot high completely opaque masonry wall or wood fence shall be provided along the entire length of any side or rear property line abutting property zoned residential. Landscaping shall be provided in accordance with the landscape requirements of this zoning code. (G) Design requirements. (1) An Architectural Style for each structure is required. This shall include adherence to all standards contained in (2) Development of a commercial use or group of commercial uses intended to be developed according to a carefully drawn plan, may be permitted after obtaining the proper site plan and building permit approvals. This coordinated project shall: (a) Encourage timely and logical development of commercial facilities which would be constructed as a unit; and (b) Discourage development of commercial parcels of size where uncoordinated development would likely result in less efficient use of the land and of service to the community and its residents; and to assure suitable design and other criteria which would protect both the commercial environment and surrounding properties. (H) In order to approve the project, the following conditions must be met: (1) Ownership. The site proposed shall be under single ownership or if in several ownerships, a letter of authorization for the project to proceed towards obtaining city approval shall be filed by all owners of the properties included in the plan. (2) Street frontage. The site proposed shall have a minimum width of two hundred (200) feet along a major street frontage. (3) Access limitations. The minimum distance between access points shall be at least one hundred and fifty (150) feet, and the minimum distance between any one (1) location and an intersection of two (2) or more streets rights-of-way shall be one hundred (100) feet. The width of driveways and curb cuts, measured at the right-of-way line, shall provide for at least twelve (12) feet per traffic lane and shall conform to the following requirements: Minimum Maximum One-way traffic lane 15 feet 24 feet Two-way traffic lanes 24 feet 30 feet Three-way traffic lanes 36 feet 45 feet Four-way traffic lanes 50 feet 56 feet (4) Driveways having three (3) traffic lanes or more shall provide a raised median between entrance and exit lanes at the right-of-way line. (5) Tree regulations. Full compliance with the city tree regulations set forth in this chapter, in Chapter 180 and in any other applicable ordinance of the city must be assured

103 (Ord , passed ) PROCEDURE FOR APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN AND TENTATIVE ZONING. The following procedures, applications, and exhibits shall be required when applying for tentative zoning approval of a preliminary plan: (A) Tentative development plan. Before submission of a preliminary application for approval as a planned unit development zone, the developer and his registered engineer, architect, and site planner are encouraged to meet with the Planning and Zoning Board and City Planner and such other personnel as necessary to determine the feasibility and suitability of his application. This step is encouraged so that the developer may obtain information and guidance from city personnel before entering into any binding commitments or incurring substantial expenses of site and plan preparation. (8) Preliminary development plan application. (1) Preliminary application. A preliminary application shall be submitted to the Planning and Zoning Board by the developer requesting approval of the site as a planned unit development zone. The preliminary application shall contain the name of the developer, surveyor and engineer who prepared the development plan and topographic data map, and the name of the proposed planned unit development. (2) Exhibits. The following exhibits shall be attached to the preliminary application : (a) Vicinity map indicating the relationship between the planned unit development and its surrounding area including adjacent streets and thoroughfares. (b) Development plan that shall contain, but not be limited to, the following information : 1. Proposed name or title of project, the name of the engineer, architect, and developer. 2. North arrow, scale (one (1) inch equals two hundred (200) feet or larger), date, and legal description of the proposed site. 3. Boundaries of tract shown with bearings, distances, closures, and bulkhead liner. All existing easements, section lines and all existing streets and physical features in and adjoining the project, and the existing zoning. 4. Names and locations of adjoining developments and subdivisions. 5. Proposed parks, school sites or other public or private open space. 6. Vehicular and pedestrian circulation systems including off-street parking and loading areas, driveways and access points. 7. Site data including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary nonresidential uses, and the total number of dwelling units. 8. Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the percentage of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the site plan. 9. Delineation of specific areas designated as a proposed stage

104 10. General statement indicating proposed means of drainage for the site to ensure conformity with natural drainage within the vicinity area or with the drainage plan established within the vicinity. 11. General location within site of each primary residential and secondary nonresidential use, and the proposed amount of land to be devoted to individual ownership. 12. Schematic drawing of the elevation and architectural construction of the proposed primary and secondary nonresidential structures. 13. The proposed method of dedication and administration of proposed common open space. (c) Topographic data map drawn to scale of two hundred (200) feet to one (1) inch or larger by a registered surveyor and/or engineer showing: 1. The location of existing property lines both for private property and public property, streets, building, water courses, transmission lines, sewers, bridges, culverts, and drain pipes, water mains and any public utility easements. 2. Wooded areas, streams, lakes; marshes and any physical conditions affecting the site. 3. Existing contours based on current U.S. Coast and Geodetic data with a contour interval of two (2) feet, and proposed finished eleva- tions. (3) Submittal. (a) The PUD zoning application and preliminary development plan shall be submitted to the Land Development Division at least forty-five (45) days prior to any scheduled meeting of the Planning and Zoning Board of the city. (b) A fee as established by resolution pursuant to shall accompany the PUD application for the purposes of review and administration. (c) The application shall include five (5) black or blue line prints of the development plan of the proposed planned unit development and a minimum of two (2) copies of the required exhibits. (4) Application review. (a) The preliminary development plan shall be reviewed formally by the Planning and Zoning Board to determine its conformity with the official plans and policies of the city and the requirements of this subchapter. (b) Upon completion of its review, the Planning and Zoning Board shall recommend to the City Council, the approval, approval subject to conditions, or disapproval of the preliminary development plan application. (5) Review criteria. The decision of the Planning and Zoning Board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the Planning and Zoning Board shall consider the following facts: (a) Degree of departure of proposed planned unit development from surrounding residential areas in terms of character and density. (b) Compatibility within the planned unit development and relationship with surrounding neighborhoods. (c) Prevention of erosion and degrading of surrounding area

105 (d) Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil consenation as shown in the preliminary development plan. (e) The nature, intent and compatibility of common open space, including the proposed method for the maintenance and consenation of the common open space. (f) The feasibility and compatibility of the development plan to exist as an independent development. (g) The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned unit development. (h) The availability and adequacy of water and sewer senice to support the proposed planned unit development. (i) The benefits within the proposed development and to the general public to justify the requested departure from standard land use requirements inherent in a planned unit development classification. U) The conformity and compatibility of the planned unit development within any adopted development plan of the city. (k) The conformity and compatibility of the proposed common open space, primary residential and secondary nonresidential uses within the proposed planned unit development. (6) Review by City Council. Upon receiving the, recommendation of the Planning and Zoning Board, the City Council shall, at a regularly scheduled public hearing, review the recommendation and preliminary development plan and either approve, approve subject to conditions, or disapprove the preliminary development plan application. The decision of the Council shall be based upon a consideration of the facts specified as review criteria for the zoning board in (7) Recordation of preliminary application. In the event the primary development plan application is approved by the City Council, a copy of such application and required exhibits shall be certified and approved by the City Clerk as a permanent record. A notice of such approval and filing, containing a legal description of the site, shall be recorded in the official records of the county. (C) Applications in excess of one thousand (1,000) acres. (1) In the event any PUD application is in excess of one thousand (1,000) acres, the City Council may approve planned unit development zoning based on the requirements in this section on a revised or general basis. Specifically, the exact requirements of divisions (8)(2)(b)2., 3., 11. and (c) above may be revised in terms of map scale and detail required. (2) Following this, the developer shall have six (6) months to present a preliminary development plan for any minimum stage of ten (10) acres. At the request of the developer, and for good cause shown, the City Council may extend the period required for the filing of the plan for a time certain not to exceed six (6) months. The plan shall be reviewed by the Planning and Zoning Board and the procedure of divisions (A) and (8) above would specifically then apply to any stage or the total development. Provided, however, approval of a preliminary development plan shall be a condition precedent to the filing of an application for the approval of a final development plan under ('74 Code, (9)) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed )

106 PROCEDURE FOR SECURING APPROVAL OF A FINAL DEVELOPMENT PLAN. The developer shall have one (1) year from the approval of the prelim inary development plan for a planned unit development zone in which to file a final development plan application. At the request of the developer, and for good cause shown, the City Council may extend the period required for the filing of the application for a time certain not to exceed one (1) year. The final development plan application may request approval for the entire planned unit development plan or any stage. If approval is not requested for the entire planned unit development, the developer shall have one (1) year from approval of the final development plan application to file another final development plan application for approval of any or all of the remaining stages specified in the preliminary development plan. At the request of the developer, and for good cause shown, the City Council may extend for a time certain not to exceed one (1) year, the period for the filing of the application. (A) Required exhibits. The following exhibits shall be attached to the final development plan application: (1) Engineering plans. (a) Engineering plans showing: 1. Existing ground surfaces and proposed elevations in the planned unit development. 2. If deemed necessary by the Council, subsurface conditions on the tract, including the location and results of tests made to ascertain the conditions of subsurface soil, rock, and groundwater, and the existing depth of groundwater. 3. Typical cross-sections of proposed grading, streets and sidewalks, canals and waterways. 4. Proposed type of pavement in accordance with city specifications. 5. Layout of water distribution, sanitary sewers and storm drainage systems, with grades and sizes indicated. 6. Final engineering drawing of water, sanitary sewer and storm drainage systems and sidewalks, streets, bulkheads, street name signs and adequate lighting. (b) The engineering plans shall be in conformity with the requirements and specifications of the city subdivision regulations set forth in Chapter 184 of this code of ordinances for all improvements to be dedicated to the public. (2) Final development plan: (a) A final development plan containing, in addition to those items specified in (8)(2)(b), the following information: 1. Dedication by owner and completion of certificate of surveyor. 2. The location, dimensions and character of construction of all proposed streets, driveways, points of ingress and egress, loading areas, number of parking spaces and areas, primary residential areas and structures, secondary nonresidential areas and structures, recreational areas and structures, and common open space areas

107 3. Proposed lot lines (if any), lot and block numbers and dimensions of all primary nonresidential uses, and common open space. 4. The proposed architectural and landscape design of all structures and common open space that clearly reflects the compatibility of the variety primary and secondary uses proposed. 5. Location and width of canals and waterways. 6. ReseNations, easements, alleys and any areas to be dedicated to public uses or sites for other than residential use with notes stating their purpose and any limitations. 7. Sufficient data to determine readily and reproduce on the site the location, bearing and length of every street, line, lot line, boundary line and block line, whether cuned or straight. 8. The radius, central angle, point of tangent, tangent distance and arcs and chords of all cuned property lines. 9. A legal description of the planned unit development boundaries with bearings, distances and tie point. 10. Accurate location and descriptions of all monuments and markers. (b) An original Mylar of the final development plan drawn in India ink shall be filed, plus five (5) black or blue line prints. (c) All dimensions should be to the nearest one two-hundredth (1/200) of a foot, and angles to the nearest second. (d) The final development plan shall be properly signed and executed by the developer as required for recording. (e) The final development shall meet the platting requirements of Fla. Stat. Ch In case of a large plan that may requ ire two (2) or more sheets, the sheets are to be numbered and the numbers of the sheets are, to be indicated on the first sheet below the title. (3) Development schedule. The develop-ment schedule shall contain the following information: (a) The order of construction of the proposed stages delineated in the development plan. (b) The proposed date for the beginning of construction of such stages. (c) The proposed date for the completion of construction on such stages. (d) The proposed schedule for the construction and improvement of common open space within such stages, including any complementary buildings. (4) Deed restrictions. Deed restriction proposals to presene the character of the common open space as set forth in The deed restrictions shall include a prohibition against partition by any residential property owner. (5) Association or nonprofit corporation. If the developer elects this method of administering common open space, the proposed bylaws of the association or the certificate of incorporation and the corporate bylaws of the nonprofit corporation shall be submitted for approval by the city. (6) Instruments. Instruments dedicating all rights-of-way, easements and other public lands shown on the final development plan from all persons having any interest in the land

108 (7) Bill of sale. A bill of sale, conveying to the city water and sewer utility lines, mains, lift stations and other personal property required to be installed by this chapter. (8) Instrument. Indicating that all necessary off-site easements or dedications have been acquired. In lieu of originals, "certified true copies" will be accepted if the recording information from the public records of the county is included thereon. (9) Title opinion. A title opinion from an attorney showing the status of the title to the site encompassed by the final development plan and all liens, encumbrances and defects, if any. (10) Tax receipts. Paid receipts from the county indicating taxes have been paid in full up to and including the current period. (8) Procedure. (1) A fee as established by resolution pursuant to shall accompany the final development plan application for the purpose of administration, additionally, engineering, plat filing, necessary copies and travel fees will be incurred. (2) The Planning and Zoning Board, upon consultation with the City Planner, shall recommend the approval, approval subject to conditions, or disapproval of the final development plan with the preliminary development plan, the sufficiency and accurateness of the required exhibits, and the requirements and purposes of this subchapter and any other applicable provision of this code of ordinances and any other regulation of the city. The Planning and Zoning Board shall recommend the approval, approval subject to change, or denial of the final development plan. (3) The City Council shall review the recommendations of the Planning and Zoning Board at a regular public hearing of the City Council and shall approve, approve subject to conditions, or deny the final development plan application. The final development plan approval shall constitute a PUD rezoning enacted by Ordinance. (C) Recording of final development plan. (1) After approval by the City Council of the final development plan application, the City Clerk shall see that all requirements of Fla. Stat. Ch. 177 have been complied with before the final development plan is recorded in the public records of the county. (2) The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use of a final development plan of a planned unit development, or portion thereof, that has not been given final approval by the City Council and recorded in the official records of the county is prohibited. The description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from such prohibition. ('74 Code, (h)) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) TERMINATION OF PUD ZONE. (A) Any owners of all or a portion of land that has been designated a planned unit development under the provisions of this subchapter can apply to the city for the termination of that portion of a stage within an approved final development plan within which his property is located if construction has not been commenced pursuant to such

109 final development plan. The procedure for the termination shall be that applicable to a zoning district change under this chapter and any other applicable zoning ordinance. (8) Failure of the developer to file a final development plan application within the time periods specified in shall automatically revoke approval of (8)(7), and the site shall revert to the zoning classifications for which the property was zoned prior to the approval of the preliminary development plan. A notice of the revocation, containing a legal description of the site, shall be recorded in the official records of the county. ('74 Code, (1)) (Ord , passed ; Am. Ord , passed ) ACCESSORY STRUCTURES. (A) No accessory structure shall be erected in : (1) Any public drainage and utility easement. (2) Any required front yard setback. (3) Any required side yard setback. (4) Within any required rear yard setback, no accessory structure shall be erected within ten (10) feet of any rear property line and within six (6) feet of any side property line. No separate or freestanding accessory structure shall be constructed or placed within five (5) feet of any building on the same lot. Accessory structures erected on lots fronting on two (2) streets shall conform to the principal structure setbacks for the side corner yard setback. (B) No accessory structure shall exceed twenty-four (24) feet in height. (C) Accessory buildings shall not be used until after the principal structure has been fully constructed and a certificate of occupancy issued. Erection of tents as accessory structures is prohibited. No home occupation or business may be conducted in an accessory building. Residential use in any accessory building is strictly prohibited. No accessory building may be erected upon a property without the presence of a principal building, unless a principal building is not required in the applicable zoning district. In any residential zoning district, no accessory structure shall exceed the size of the principal structure's living area, except that shed shreds may not exceed 50% of the size of the principal structure's living area. In no case shall the cumulative size of all accessory structures exceed the principal structures living area. Shipping containers will be considered the same as a shed, for the purposes of this section, and in addition to meeting the provisions of ; they shall also meet the requirements of the latest adopted Florida Building Code. (D) Swimming pools. For the purpose of this chapter, swimming pools are considered as an accessory structure and shall meet the requirements listed in divisions (A) through (C) above. Screened enclosures around swimming pools shall also meet the requirements listed in (A) through (C) above. All swimming pools shall have around them an enclosure of a permanent nature of not less than four (4) feet in height with a doorway which can be locked. Pools shall maintain a minimum five (5) foot setback from the water's edge to all principal structures. (E) Satellite dish antennae. For the purpose of this chapter, satellite dish antennae are considered an accessory structure and a building permit shall be required when

110 installing, moving or reconstructing a dish antenna. Satellite dish antennae shall meet the following requirements: (1) The satellite dish shall be erected to the rear of the front wall of the principal building and shall also meet the accessory structure requirements listed in divisions (A) through (C) of this section. The setback of the dish antenna shall be measured from the outermost point of the dish on the side closest to the applicable setback or property line. (2) Roof mounting. Satellite dish antennae may be roof-mounted provided that the twenty-four (24) foot height restriction in single-family residential districts and the maximum height limits in commercial, industrial, and multi-family districts are not exceeded. (The height of the antenna/dish shall be that distance as measured vertically from the highest point of the dish/antenna, when positioned at its lowest angle for operation, to ground level.) (3) No more than one (1) dish antenna shall be located on any record parcel of land zoned for a single-family residential use. No more than two (2) dish antennae shall be permitted for multi-family or commercial uses. (4) Dish antennae located in single family residential districts shall not have a dish which exceeds ten (10) feet in diameter. (F) Animal cages or enclosures. (1) For purposes of this subsection, animal cages or enclosures shall be considered to be an accessory structure. (2) Animal cages or enclosures shall meet all setback requirements for accessory structures. (3) For purposes of this subsection, a perimeter or boundary fence or wall shall not be considered to be an animal cage or enclosure. Perimeter or boundary fences or walls must meet the requirements of Chapter 170 of the City of Palm Bay Code or Ordinances. (4) Animal cages or enclosures shall be limited in size to fifteen (15) feet in length by ten (10) feet in width and shall not exceed six (6) feet in height. (5) Animal cages or enclosures shall meet all the requirements of all city, county, state and federal ordinances, rules, statutes and regulations that pertain to and apply to structures that are utilized for and pertain to animals and animal control. (6) Penalties. Any person found guilty of being in violation of this subsection shall be guilty of a misdemeanor of the 2nd degree punishable as provided in of the City of Palm Bay Code of Ordinances. However, in addition to or in lieu of any criminal prosecution, the city shall have the right to sue in civil court to enforce the provisions of this subsection, to initiate proceedings before the City of Palm Bay Code Enforcement Board to enforce compliance, or to issue a violator a Notice of Violation as provided in 93.07, Palm Bay Code of Ordinances. (G) Metal structures. For the purpose of this chapter, metal accessory structures over three hundred (300) square feet or over twelve (12) feet in height are prohibited in RR (Rural Residential District), RE (Estate Residential District), RS-1 (Single-Family Residential District), RS-2 (Single-Family Residential District), RS-3 (Single-Family Residential District), SRE (Suburban Residential Estate Category), SF-1 (Single-Family Residential Category), and SF-2 (Single-Family Residential Category) zoning districts unless the structure is designed to simulate non-metal construction, is treated with a

111 textured coating on all four sides, or is painted to match the color scheme of the primary residence. ('74 Code, ) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) NONCONFORMING USES OF LAND. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: (A) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter; unless such use is changed to a use permitted in the district in which such use is located; (B) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter; (C) If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) consecutive days. Any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; (D) No additional structure which does not conform to the requirements of this chapter shall be erected in connection with such nonconforming use of land. ('74 Code, ) (Ord , passed ) NONCONFORMING STRUCTURES. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this, chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (A) No such structure may be enlarged or altered in a way which increases its nonconformity; (B) But any structure or portion thereof may be altered to decrease its nonconformity; (C) Should such a structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter; 2016 S-28 (D) Should such a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. ('74 Code, ) (Ord , passed )

112 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION. If a lawful use involving individual structures, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (A) No existing structure devoted to a use not permitted by this chapter in the district on which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; (B) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building; (C) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; (D) When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six (6) consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located; (E) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this chapter, is defined as damage to an extent of more than fifty percent (50%) of the replacement cost at time of destruction. ('74 Code, ) (Ord , passed ; Am. Ord , passed ) REPAIRS AND MAINTENANCE. (A) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of six (6) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. (B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. ('74 Code, ) (Ord , passed ; Am. Ord , passed ) NONCONFORMING OR SUB-STANDARD LOTS CREATED BY EMINENT DOMAIN PROCEEDINGS

113 Any lot or parcel which shall be made nonconforming or substandard as a result of eminent domain proceedings instituted by the city or other governmental agency or through a voluntary conveyance by a lot owner in lieu of formal eminent domain proceedings, which lot or parcel except for such eminent domain or voluntary conveyance shall be deemed to be a conforming lot or parcel for all purposes under this chapter. However, any new construction or building addition shall conform to the subject yard requirements of the applicable district. Any re-construction or maintenance of the existing structures may be performed with no additional encroachment into the subject yard requirements. ('74 Code, ) (Ord , passed ) 95) REGULATIONS SUBJECT TO AMENDMENT. The regulations, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed, in the manner prescribed by law. ('74 Code, ) (Ord , passed ) PROCEDURE. The procedure for amendment of this chapter shall be as follows: (A) A district boundary may be initiated by: (1) The owner or owners of at least seventy-five percent (75%) of the property described in the application; (2) Tenant or tenants, with owner's sworn-to consent; (3) Duly authorized agents evidenced by a written power of attorney; (4) City Council; (5) Planning and Zoning Board; (6) Any department or agency of the city. (B) Any amendment to this chapter other than a district boundary change may be proposed by: (1) City Council; (2) Planning and Zoning Board; (3) Any department or agency of the city; (4) Any individual, corporation or agency. (C) All proposed amendments shall be submitted to the Planning and Zoning Board which shall study such proposals to determine: (1) The need and justification for the change ; (2) When pertaining to the rezoning of land, the effect of the change, if any, on the particular property and on surrounding properties; (3) When pertaining to the rezoning of land, the amount of undeveloped land in the general area and in the city having the same classification as that requested; (4) The relationship of the proposed amendment to the purpose of the city plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan

114 (D) When a change of zoning classification of a single parcel is proposed, or a group of not more than five hundred (500) parcels, of any property within the city, a notice shall be mailed to each property owner whose zoning classification is proposed to be changed, using owner's current address of record, as maintained by the Tax Assessor, and be postmarked not later than ten (10) days prior to the scheduled hearing. Prior to the effective date of any zoning classification change, the City Council shall cause an affidavit to be filed with the City Clerk certifying its compliance with the provisions of this section. A failure to give notice shall not affect the validity of zoning except as to the property of the complaining owner. (E) When any proposed change of a zoning district boundary lies within five hundred (500) feet of the boundary of an incorporated or unincorporated area, notice shall be forwarded to the Planning Board or governing body of such incorporated or unincorporated areas in order to give such body an opportunity to appear at the hearing and express its opinion on the effect of the district boundary change. (F) The Planning and Zoning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation. (G) The City Council shall hold public hearings on the recommendation of the Planning and Zoning Board, giving public notice as required by the state statutes and by posting notice in city hall. ('74 Code, ) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) CONDITIONAL USES; CONDITIONS GOVERNING APPLICATION; PROCEDURES. (A) The City Council shall hear and decide conditional uses after review of the Planning and Zoning Board. All applications for conditional uses shall be submitted to the Planning and Zoning Board for study and written, advisory recommendations. The City Council may either grant conditional uses with such conditions and safeguards as are appropriate under this chapter or other applicable code or ordinance provisions, or deny conditional uses when not in harmony with the purpose and intent of this chapter. A conditional use shall not be granted by the City Council unless and until: (1) A written application for a conditional use is submitted indicating the section of this chapter under which the conditional use is sought and stating the grounds on which it is requested. (2) Proposed conditional uses for planned development shall also be submitted to the Planning and Zoning Board for study, and the written recommendation of the Planning and Zoning Board shall be considered as part of the official record when hearing an application for a planned development. (3) Public notice shall be given as required by state statutes. The owner of the property for which conditional use is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which conditional use is sought. (4) A courtesy notice may be mailed to the property owners of record within a radius of five hundred (500) feet, provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder

115 (5) Any party may appear in person, or be represented by a duly authorized representative. (8) In granting any conditional use, the City Council may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter and punishable as provided by this chapter. The City Council shall prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the conditional use. ('74 Code, ) (Ord , passed ; Am. Ord , passed ; Am. Ord , passed ) PROTEST BY PROPERTY OWNERS. In case of a protest petition against a change in zoning classification of a particular property signed by the owners of t. 1 enty percent (20%) sixty percent (60%) or more either of the area of the lots included in the proposed change, or of those immediately adjacent thereto, such amendment shall not become effective except by the favorable vote of four (4) members of the City Council. ('74 Code, ) (Ord , passed ) MODIFICATION OF DISTRICT BOUNDARY CHANGES. If a request for a district boundary change is for a district more liberal than the existing district, and the Planning and Zoning Board or the City Council determines that the request should be denied, the Planning and Zoning Board may recommend, and/or the City Council may change the district classification for the property to any district classification that is less restrictive than the requested zoning classification consistent with the Future Land Map. ('74 Code, ) (Ord , passed )

116 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, November 2, 2016, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Chairperson Philip Weinberg called the meeting to order at approximately 7:00 p.m. Ms. Leeta Jordan led the Pledge of Allegiance to the Flag. ROLL CALL: CHAIRPERSON: VICE CHAIRPERSON: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: Philip Weinberg Wendall Stroderd Leeta Jordan Khalilah Maragh William Pezzillo Rainer Warner Thomas "Woody" Woodrum Michele Quinn (School Board Appointee) Present Present Present Present Present Present Present Present (Late) CITY STAFF: Present were Mr. Stuart Buchanan, Growth Management Director; Mr. Patrick Murphy, Assistant Growth Management Director; Robert Loring, Planner; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. James Stokes, Board Attorney. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Mr. Weinberg read Form 88 Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, disclosing Mr. Stroderd's conflict of interest with Case CU , Sunshine Petro, Inc., which was submitted into the record at the October 5, 2016 Regular Planning and Zoning Board/Local Planning Agency Meeting. Motion by Ms. Jordan, seconded by Mr. Stroderd to approve the minutes as presented. The motion carried with members voting unanimously.

117 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes - November 2, 2016 Page 11 of 13 Motion by Mr. Pezzillo, seconded by Ms. Jordan to submit Case CP to City Council for approval of Comprehensive Plan Amendments to the Future Land Use Element Map Series related to Urban Service Boundaries; Capital Improvements Element adding and removing capital projects for consistency with the City's adopted Capital Improvement Program; Transportation Element Map Series amending Roadway Functional Classifications and Future Transportation Map Series; and Transportation Element Policy TC-1.4E and TC-1.4F. The motion carried with members voting unanimously. 11. T CITY OF PALM BAY (GROWTH MANAGEMENT DEPARTMENT) Mr. Buchanan presented the staff report for Case T The applicant had requested a textual amendment to the Code of Ordinances, Title V, Legislative, Chapter 51: Public Hearings, to modify Section 51.04; Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, to modify Sections and ; Chapter 179: Streets and Other Rights-of-Way, to create Section , Road Surfaces; Chapter 185: Zoning Code, to modify Sections , Definitions; District Regulation Sections , , , ; Planned Unit Development (PUD) Sections , , ; Supplementary District Regulations Section ; Nonconformance Provisions Sections , , , , ; and Administration and Enforcement Sections , , , The staff report for Case T was prepared by staff. Mr. Weinberg noted that Section Roadway Surfacing should be corrected to indicate 50 percent or more of the platted lots being developed. Mr. Buchanan concurred with the correction. Mr. Buchanan provided the board with additional revisions to Section , CC, Community Commercial District and to Section , HC, Highway Community Commercial District, to exclude future mini-storage warehouses from those districts. Mr. Stroderd noted that Section Withdrawals should be corrected by removing the word "nor." Mr. Buchanan concurred with the correction.

118 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes - November 2, 2016 Page 12 of 13 Ms. Maragh asked for clarification regarding pulverizing of roads. Mr. Buchanan explained that Section would allow streets in poor repair and not scheduled for repaving to be pulverized and added to the City's regrading list. The floor was opened for public comments Mr. Jason Steele (director of government relations for Smith and Associates) spoke in opposition to the request. He believed Section Protest by Property Owners was blatantly unfair since it could allow a two-person minority to dictate a super-majority vote by City Council. He wanted the section repealed. Mr. Buchanan agreed that there was a problem with the 20-percent rule. Based on consultation with the City Attorney, a 60-percent rule was being proposed. The floor was closed for public comments and there were no letters in the file. Motion by Ms. Jordan, seconded by Mr. Pezzillo to submit Case T to City Council for approval of a textual amendment to the Code of Ordinances, Title V, Legislative, Chapter 51 : Public Hearings, to modify Section 51.04; Title XVII, Land Development Code, Chapter 170: Construction Codes and Regulations, to modify Sections and ; Chapter 179: Streets and Other Rights-of-Way, to create Section , Road Surfaces; Chapter 185: Zoning Code. to modify Sections , Definitions; District Regulation Sections , , , ; Planned Unit Development (PUD) Sections , , ; Supplementary District Regulations Section ; Nonconformance Provisions Sections , , , , ; and Administration and Enforcement Sections , , , , with the condition that new Section Roadway Surfacing be corrected to indicate the percentage as 50% or more. The motion carried with members voting unanimously. OTHER BUSINESS: There was no other business discussed.

119 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE V, LEGISLATIVE, CHAPTER 51, PUBLIC HEARINGS, IN ORDER TO REVISE CERTAIN PROCEDURES CONTAINED THEREIN; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title V, Legislative, Chapter 51, Public Hearings, Section 51.04, Withdrawals, is hereby amended and shall henceforth read as follows: Section WITHDRAWALS. In the event an applicant withdraws a matter that has been advertised for a public hearing, neither any re-application for such matter nor a matter with similar issues shall be refiled again with the City Council or a board for a period of six (6) months from the date of the public hearing from which it was withdrawn required to meet all public notification requirements, including but not limited to: re-advertisement, courtesy notices, and posting of the property. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 3. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention.

120 City of Palm Bay, Florida Ordinance No Page 2 of 2 SECTION 4. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2016; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK Reviewed by CAO: Applicant: Case No.: City of Palm Bay T cc: (date) Case File Words stricken through shall be deleted; underscored words shall be included. Deletions and additions constitute the proposed amendment. Words remaining are now in effect and remain unchanged.

121 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 170, CONSTRUCTION CODES AND REGULATIONS, SUBCHAPTER PROPERTY MAINTENANCE CODE, IN ORDER TO REVISE CERTAIN PROVISIONS CONTAINED THEREIN; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 170, Construction Codes and Regulations, Subchapter Property Maintenance Code, Section , Enforcement, is hereby amended and shall henceforth read as follows: Section ENFORCEMENT. The provisions of this subchapter shall be enforced by the Building Official City Manager, or licensed designee, of the city. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 3. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 4. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative

122 City of Palm Bay, Florida Ordinance No Page 2 of 2 or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2016; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK Reviewed by CAO: Applicant: Case No.: City of Palm Bay T cc: (date) Case File Words stricken through shall be deleted; underscored words shall be included. Deletions and additions constitute the proposed amendment. Words remaining are now in effect and remain unchanged.

123 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 179, STREETS AND OTHER RIGHTS-OF-WAY, SUBCHAPTER REQUIRED STREET IMPROVEMENTS, BY INCLUDING PROVISIONS FOR ROADWAY SURFACING; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 179, Streets and Other Rights-of-Way, Subchapter Required Street Improvements, is hereby amended by including as Section the following language: Section ROADWAY SURFACING. For any block face with fifty percent (50%) or more of the platted lots being undeveloped, the road surface may be pulverized at the discretion of the City Engineer. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect. SECTION 3. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 4. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative

124 City of Palm Bay, Florida Ordinance No Page 2 of 2 or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 5. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2016; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK Reviewed by CAO: Applicant: Case No.: City of Palm Bay T cc: (date) Case File Words stricken through shall be deleted; underscored words shall be included. Deletions and additions constitute the proposed amendment. Words remaining are now in effect and remain unchanged.

125 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XVII, LAND DEVELOPMENT CODE, CHAPTER 185, ZONING CODE, SUBCHAPTERS GENERAL PROVISIONS, DISTRICT REGULATIONS, SUPPLEMENTARY DISTRICT REGULATIONS, NONCONFORMANCE PROVISIONS, AND ADMINISTRATION AND ENFORCEMENT, PART 2. AMENDMENTS, IN ORDER TO REVISE CERTAIN PROVISIONS CONTAINED THEREIN; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter General Provisions, Section , Definitions, is hereby amended and shall henceforth read as follows: Section DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. * * * COMMERCIAL VEHICLE. Any truck, bus, trailer, portable equipment, machinery, or similar vehicle or combination thereof used or intended to be used for any commercial enterprise or business purpose, or which has over four (4) wheels, more than two (2) axles, a height greater than eight (8) feet or has an overall length of more than twenty-two (22) feet, excluding self-propelled roadway vehicles less than five thousand (5,000) pounds gross weight six thousand (6,000) pounds net weight and pickup trucks with a standard pickup truck bed with a carrying capacity no greater than one and one-half (1.5) ton gross weight. * * * SUBMERGED LANDS. Submerged lands include, but are not limited to, tidal lands, islands, sandbars, shallow banks and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters. Privately owned submerged lands may be utilized for the calculation of density and intensity of residential and commercial development. * * *

126 City of Palm Bay, Florida Ordinance No Page 2 of 5 SECTION 2. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter District Regulations, is hereby amended and shall henceforth read as follows: Section CC COMMUNITY COMMERCIAL DISTRICT. (D) Conditional uses: * * * * * * (10) Eating and drinking establishments that allow patrons to dance to music, subject to the provisions set forth in (H). (11 10) Human crematoriums: * * * Section HC HIGHWAY COMMERCIAL DISTRICT. (D) Conditional uses: * * * (F). (5) Self storage facilities subject to the provisions established in (6) Communication towers and facilities. (7 6) Eating and drinking establishments that allow patrons to dance to music, subject to the provisions set forth in (H). (8 7) Indoor dance clubs, outdoor recreation, and outdoor amusement such as amusement parks, driving ranges, batting cages, go-cart tracks, outdoor skating facilities, miniature golf courses and similar uses. * * * Section HC HIGHWAY COMMERCIAL DISTRICT. * * * (B) Principal uses and structures: * * * (11) Public or private storm water retention areas.

127 City of Palm Bay, Florida Ordinance No Page 3 of 5 * * * (D) Conditional uses: * * * (5) Private drainage areas serving adjacent property. * * * SECTION 3. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter Supplementary District Regulations, Section , Accessory Structures, is hereby amended and shall henceforth read as follows: Section ACCESSORY STRUCTURES. * * * (C) Accessory buildings shall not be used until after the principal structure has been fully constructed and a certificate of occupancy issued. Erection of tents as accessory structures is prohibited. No home occupation or business may be conducted in an accessory building. Residential use in any accessory building is strictly prohibited. No accessory building may be erected upon a property without the presence of a principal building, unless a principal building is not required in the applicable zoning district. In any residential zoning district, no accessory structure shall exceed the size of the principal structure s living area, except that shreds sheds may not exceed 50% of the size of the principal structure s living area. In no case shall the cumulative size of all accessory structures exceed the principal structures living area. Shipping containers will be considered the same as a shed, for the purposes of this section, and in addition to meeting the provisions of ; they shall also meet the requirements of the latest adopted Florida Building Code. * * * SECTION 4. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter Nonconformance Provisions, Section , Nonconforming or Sub-Standard Lots Created by Eminent Domain Proceedings, is hereby amended and shall henceforth read as follows: Section NONCONFORMING OR SUB-STANDARD LOTS CREATED BY EMINENT DOMAIN PROCEEDINGS.

128 City of Palm Bay, Florida Ordinance No Page 4 of 5 Any lot or parcel which shall be made nonconforming or substandard as a result of eminent domain proceedings instituted by the city or other governmental agency or through a voluntary conveyance by a lot owner in lieu of formal eminent domain proceedings, which lot or parcel except for such eminent domain or voluntary conveyance shall be deemed to be a conforming lot or parcel for all purposes under this chapter. However, any new construction or building addition shall conform to the subject yard requirements of the applicable district. Any re-construction or maintenance of the existing structures may be performed with no additional encroachment into the subject yard requirements. SECTION 5. The City of Palm Bay Code of Ordinances, Title XVII, Land Development Code, Chapter 185, Zoning Code, Subchapter Administration and Enforcement, Part 2. Amendments, is hereby amended and shall henceforth read as follows: Part 2. Amendments * * * Section PROTEST BY PROPERTY OWNERS. In case of a protest petition against a change in zoning classification of a particular property signed by the owners of twenty percent (20%) sixty percent (60%) or more either of the area of the lots included in the proposed change, or of those immediately adjacent thereto, such amendment shall not become effective except by the favorable vote of four (4) members of the City Council. Section MODIFICATION OF DISTRICT BOUNDARY CHANGES. If a request for a district boundary change is for a district more liberal than the existing district, and the Planning and Zoning Board or the City Council determines that the request should be denied, the Planning and Zoning Board may recommend, and/or the City Council may change the district classification for the property to any district classification that is less restrictive than the requested zoning classification consistent with the Future Land Map. * * * SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect.

129 City of Palm Bay, Florida Ordinance No Page 5 of 5 SECTION 7. It is the intention of the City Council of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention. SECTION 8. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof. SECTION 9. The provisions within this ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2016; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK Reviewed by CAO: Applicant: Case No.: City of Palm Bay T Words stricken through shall be deleted; underscored words shall be included. Deletions and additions constitute the proposed amendment. Words remaining are now in effect and remain unchanged.

130 MEMO TO: FROM: DATE: SUBJECT: Honorable Mayor and Members Terese M. Jones, City Clerk December 1, 2016 Variance Request - Harold Fahs Harold Fahs has submitted an application for a variance to allow a proposed accessory structure ( concrete carport) to encroach the 25-foot side corner setback by a maximum of eleven (11) feet, as provided for in Section (F)(7)(c), of the Palm Bay Code of Ordinances. The property is located at the northeast corner of Haryestor Avenue and Harper Boulevard, in RS-2 (Single-Family Residential District) zoning, and contains 0.26 acres, more or less. Staff Conclusion: The Planning and Zoning Board must determine, based on the facts presented, to what degree, if any, of minimal relief is required to meet the needs of the variance being requested, as required under Section of the City of Palm Bay Code of Ordinances, and make recommendations to City Council for a final review. Planning and Zoning Board Recommendation: Unanimous approval of the request. The subject matter is scheduled for public hearing purposes at tonight's meeting. If you should have any questions, please advise. /tjl Attachments Case No. V

131 ~ Tho Coty cl ~ flo,klo ~!!!IY VARIANCE APPLICATION Land Development Division 120 Malabar Road Palm Bay, FL Landdevelopment@palmbayflorida.org This application must be completed, legible, and returned, with all enclosures referred to herein, to the Land Development Division, Palm Bay, Florida, prior to 5:00 p.m. on the first day of the month to be processed for consideration by the Planning and Zoning Board the following month. The application will then be referred to the Planning and Zoning Board for study and recommendation to the City Council. You or your representative are required to attend the meeting(s) and will be notified by mail of the date and time of the meeting(s). The Planning and Zoning Board holds their regular meeting the first Wednesday of every month at 7:00 p.m. in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida, unless otherwise stated. 1) NAME OF APPLICANT (Type or print) /IA,t?o /.., &, W ~, ~!-IS: ADDRESS 79;!IA.i.-~ r:r:oll AVE sw c1ty PA LJY) Bay STATE FL- z1p.3 ;z 9 ok PHONE# ~3 7 - J.,..Z-0- I /71 FAX# _ ADDRESS nw-fbas Q_ G/VJA~L- COM 2) COMPLETE LEGAL DESCRIPTION OF PROPERTY COVERED BY APP~ TION lot ii ~~k /z:.s:. Pnu '3(. 091 SECTION \ \ TOWNSHIP ~~ (ij, RANGE ~ 3) STREET ADDRESS OF PROPERTY COVERED BY APPLICATION: z911fa/l r.e's'?a/< A vc:~q; J 4) SIZE OF AREA COVERED BY THIS APPLICATION (calculate acreage): ---~ "::2 fo 5) EXISTING ZONING CLASSIFICATION OF PROPERTY (ex.: RS-2, CC, etc.): Rs -? ) ARE THERE ANY STRUCTURES ON THE PROPERTY NOW?: )( '---"-_YES NO ) HAS A VARIANCE APPLICATION PREVIOUSLY BEEN FILED FOR THIS PROPERTY?: X YES NO IF SO, STATE THE NATURE OF THE PREVIOUS APPLICATION, WHETHER THE REQUEST WAS APPROVED OR DENIED, AND DATE OF ACTION: /\ & l{e s r 17'/< A- ti) Ode> f' LjV ~. llj),.q s: A.PR I!. 0 V ~ 12 9 /;-z...- 8) DESCRIBE THE EXTENT OF THE VARIANCE REQUESTED AND THE INTENDED USE OF THE PROPERTY IF THE VARIANCE IS GRANTED (SPECIFY NUMBER OF INCHES/FEET ENCROACHING INTp SPECIFIC REQUIRED YARD SETBACK OR REQUIRED HEIGHT REsTR1cT10Ns): v A t':c &-Al c E PD c Y 1n ed r A z=-z--,4 c.11.c.a Revision E: 10/11

132 CITY OF PALM BAY, FLORIDA VARIAN CE APPLICATION PAGE 2 OF 3 9) CITE THE APPLICABLE SECTION(S) OF THE ZONING ORDINANCE AND ITS REQUIREMENT FROM WHICH VARIANCE IS REQUESTED (ex. : (f)(7)): ) GIVE WRITTEN EXPLANATION(S) DEMONSTRATING HOW THE VARIANCE MEETS THE FOLLOWING CONDITIONS: (a) (b) (c) (d) (e) (f) That special conditions and circumstances exist which are peculiar to the land, structures or buildings involved and which are not applicable to other lands, structures or buildings in the same land use category, zoning district, or situation. That special conditions and circumstances referred to above do not result from the actions of the applicant. That literal interpretation and enforcement of the development code regulations would deprive the applicant of rights commonly enjoyed by other properties in the same land use category, zoning district, or situation under the terms of the development code, and would work unnecessary and undue hardship on the applicant. That if granted, the variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure. That granting the variance requested will not confer on the applicant any special privilege that is denied by the development code to other lands, buildings, or structures in the same land use category, zoning district, or situation. That granting the requested variance will be in harmony with the general intent and purpose of this code, and will not be injurious to the surrounding properties or detrimental to the public welfare. Co/(,Je,f ~ r.bflvk tsx A- fv/;/jx:cm 4'.,i.,\ 0: Rs, i. s...r/'i b- L E.A 111:rL,/ /? ~;;::: o E.,,; rp A t 7 Revision E: 10/11

133 CITY OF PALM BAY, FLORIDA VARIANCE APPLICATION PAGE 3 OF 3 11) EVIDENCE MUST BE PROVIDED TO CONSIDER VARIANCES BASED ON THE FOLLOWING CLAIMS: -- BERT J. HARRIS PRIVATE PROPERTY RIGHTS PROTECTION ACT, Chapter , Laws of Florida. Provide a copy of one of the following: Special master appointed in accordance with the act. Court order as described in the act. - - AMERICANS WITH DISABILITIES ACT. Cite the section of the act from which the variance request -- will provide relief: 12) THE FOLLOWING PROCEDURES AND ENCLOSURES ARE REQUIRED TO COMPLETE THIS APPLICATION: *$ Application Fee. Make check payable to "City of Palm Bay." -- A listing of legal descriptions of all properties within a 500 foot radius of the boundaries of the -- property covered by this application, together with the names and mailing addresses (including zip codes) of all respective property owners within the above referenced area. (This can be obtained from the Brevard County Planning and Zoning Department at , or on the Internet at ropertyappraiser.com) List shall be legible and the source of that information stated here: I<. trp T T S Sign(s) posted on the subject property. Refer to Section 51.0?(C) of the Legislative Code for guidelines. -- A site plan drawn to scale which shows all property and yard dimensions, its structures (if any) -- and the variance desired, including abutting highway or road boundaries. Submit in electronic or PDF format. A survey prepared by a registered surveyor showing all property lines and structures. -- WHERE PROPERTY IS NOT OWNED BY THE APPLICANT, A LETTER MUST BE ATTACHED -- GIVING THE NOTARIZED CONSENT OF THE OWNER FOR THE APPLICANT TO REQUEST THE VARIANCE. IN ORDER TO DISCLOSE ALL PARTIES SEEKING THIS APPROVAL, COMPLETE THE ATTACHED -- DISCLOSURES OF OWNERSHIP INTERESTS FORMS FOR PROPERTY OWNERS AND/OR APPLICANTS IN REFERENCE TO RESOLUTION I, THE UNDERSIGNED UNDERSTAND THAT THIS APPLICATION MUST BE COMPLETE AND ACCURATE BEFORE CONSIDERATION BY THE PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY, AND CERTIFY THAT ALL THE ANSWERS TO THE QUESTIONS IN SAID APPLICATION, AND ALL DATA AND MATTER ATTACHED TO AND MADE A PART OF SAID APPLICATION ARE HONEST AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNDER PENAL TIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING VARIANCE APPLICATION AND THAT THE FACTS STATED I IT ARE TRUE. Signature of Applicant Printed Name of Applicant //4((c l 12 U), $@.w FAl-/s *NOTE: APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY Revision E: 10/11

134 ~ The c,1y of Florido PalmBaY CITY OF PALM BAY DATE: September 7, 2016 V CASE#: LAND DEVELOPMENT DIVISION STAFF REPORT VARIANCE APPLICATION PROPOSAL: A request to allow a proposed accessory structure to encroach the 25' side corner setback by a maximum of 11 ' as provided for in Section (F)(7)(c), in the RS-2, Single Family Residential Zoning District. LOCATION: 791 Haryestor Avenue SW (Lot 13, Block 1775, Port Malabar Unit 36) APPLICANT: Mr. Harold Fahs SITE DATA PRESENT ZONING: RS-2, Single Family Residential ACREAGE: DENSITY: 0.26 Acres+/ Not Applicable ADJACENT ZONING &LAND USE: N E s W-- RS-2-Single Family Residential Zoning District; vacant RS-2-Single Family Residential Zoning District; vacant RS-2-Single Family Residential Zoning District; vacant RS-2-Single Family Residential Zoning District; vacant WATER & SEWER FLOOD ZONE: COMPLIANCE WITH THE COMPREHENSIVE PLAN: Not Available Flood Zone 'X'- an area of minimum flood potential. Not specifically addressed

135 CASE NO. V SEPTEMBER 7, 2016 PAGE 1 BACKGROUND: 1. The site is located at 791 Haryestor Avenue SW (Specifically, Lot 13, Block 1755, Port Malabar Unit 36). 2. The property is zoned RS-2, Single Family Residential. 3. The applicant is requesting relief to allow a proposed accessory structure to encroach the 25' side corner setback by a maximum of 11' as provided for in Section (F)(7)(c), in the RS-2, Single Family Residential Zoning District. ANALYSIS: Variances from the terms of the land development code may be granted when special conditions exist that would result in unnecessary hardship if the provisions of the land development code were enforced. However, a variance may not be granted when the public health and safety would be compromised as a result of the variance. An application must demonstrate that items 1 through 7 of Section of the Code of Ordinances have been met. A review of these items is as follows. Item 1 - "Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, buildings or structures in the same land use category, zoning district or situation." The proposed location for the proposed accessory structure is 5'-0" from the home in the SW corner of the property. There appears to be other locations on the property where the building could be placed with no variance required. Staff can find no special circumstances or peculiarity with regard to the land for the Board or City Council to consider with regard to the request. Item 2 - "The special conditions and circumstances identified in Item I above are not the result of the actions of the applicant." The special conditions and circumstances identified in item 1 appear to be a result of the actions of the applicant as other locations exist where the accessory structure could be placed with no variance required. The request appears to be a self-imposed hardship. Item 3 - "Literal interpretation and enforcement of the land development code regulations would deprive the applicant of rights commonly enjoyed by other properties in the same land use category, zoning district or situation under the terms of the land development code, and would work unnecessary and undue hardship on the applicant." Literal interpretation would require the applicant meet the setbacks for the placement of the accessory structure. The Board must ultimately decide if there exists a deprivation of rights with regard to the request.

136 CASE NO. V SEPTEMBER 7, 2016 PAGE2 Item 4 - "The variance, if granted, is the minimum variance necessary to make possible the reasonable use of the land, building or structure." It appears as requested; the applicant would require 10.83' of relief from the 25' side corner setback in order to place the proposed accessory structure. Item 5 - "Granting of the variance request will not confer on the applicant any special privilege that is denied by the development code to other lands, buildings or structures in the same land use category, zoning district or situation." Based on the circumstances that exist, granting the variance as requested would confer a special privilege that is denied to other lands, building or structures in the same district by allowing less than the 25' setback requirement- it should be noted however that the placement of the proposed structure does not appear to create any health, safety, or traffic visibility issues for any surrounding properties. Item 6 - "The granting of the variance will be in harmony with the general intent and purpose of this code, and will not be injurious to the surrounding properties or detrimental to the public welfare." City Council must ultimately decide if the application meets the general intent and purpose of the code. Item 7 - "The variance represents a reasonable disposition of a claim brought under the Bert J. Harris Private Property Rights Protection Act, chapter , Laws of Florida, that a development order of the city has reasonably burdened the applicant's property, based on the recommendations of the special master appointed in accordance with the act, or the order of a court as described in the act." Staff has not received a claim made upon this property, with respect to the "Bert J. Harris Act," or any development order, as indicated above. Therefore, Item 7 is not applicable to the variance request. STAFF CONCLUSION: The Planning and Zoning Board must determine, based on the facts presented, to what degree, if any, of minimal relief is required to meet the needs of the variance being requested, as required under Section of the City of Palm Bay Code of Ordinances and make recommendations to City Council for a final review. Under 59.05(A)(14) City of Palm Bay Code of Ordinances, "The quasi-judicial body shall direct the clerk or [city] attorney acting as the body's legal counsel to prepare the necessary and appropriate written order in accordance with the purpose of the hearing and findings of the quasi-judicial body. Pursuant to Florida Statutes, in the event relief is denied to the applicant, the specific provision of statute or code that was deficient shall be stated for record."

137 ~ WHITEHuJ sr w a:: ~ SCHNEIDER f <( fl::'., co I-- DANBURY ffi SAPUJPA (!) ~ scf AYLER ffi, DANFORTH (!)..J..J :::, co < w en ; ~ :::, :::, ::? 3: 1-o 1-1 ~ I (.) 0 D ~ELLINr Q; co r-~ r o TUPEl'..O..J ~~ ~ ~~ I llwalnut j ft. GEARY 0 z I :5 ~ en ~o ~ z I~ t <ff' ~ ~ w I I ~ 0 o ~ I,.::. AIS ~ (.) I- 0 BARTRAM 0:::..J < I ~ YOUTZY..J <( < I 0 LE BARON 1, GEARY I 0::: w! I~ - 0::: 0::: Iii lf < I ~ Jl 0 :::, ~ U> iii~ er~ iz < ft rn w ::?0 )> (!) < - ~ ; z o ~ c, GEDDES u.. MICCO ~ GELASO I DAN~ 01 (/) - I- < Cl)..J ~ 3:,_ <( z UJ (!) w HARRISBURG.,, W ~ N E ~-...,..p~~- MDI.IObe~ ~ llil'ldi,,gcll'n a,rw19v s LOCATION MAP V

138 N W~ E W.ploraU1t1111M.~QfW.Not1ot.~ ~ birdin(iof.. amin.,. s LOCATION MAP V

139 N ~ M9Plor ~ purpoenonlr Mot lobe-*'* W~ E blndingorm,..,n-,.. s LOCATION MAP V ~ PabiiBay

140 N ~ MNlor ~ purpoenont,. Notloto.oontwed W~ E bindinlloo.....,,...,. s AERIAL VIEW V

141 MAP OF SURVEY BOUNDARY SURVEY LOT 13, BLOCK 1755, POR. LABAR, UNIT THIRTY SIX, occordin': to the plot tn <if as recorded in Plot Book 1 of the Public Records of Brevard County, Florido. (Contains acres or 11, 3 82 square feet) 9 Pages 82-94: 21.c» ~r I :::i: )> ::u M en d ::u )> ~ z C ftl I ~L HARPER 2MO \ l20.3,4 X21.8J LOT 12 BLOCK 1755 "VACANT, NO WELL" X21.Je ><21.89 x )C " '"""' """" 111.ocr ONE STORY RESIDENCE 791 HARYESTOR A VENUE FF a 25.52' GARAGE ' A/C PAD 25.33' 25' B.S.L_ --;.- ~ ' 2,.13 l I ; ; ' '..~ cil r ' 23.g ~OXIM DRA1NF1EI.D LOCATION I LOT 13 ~ 1.M._21_.e ,.1.. LOT 15 BLOCK 1755 "VACANT, NO WELL" 22.Jol >e """ ' X22.12 I_ U) 0 0 q...i... X22.29 oi.fl, !. I~ rr, Cl I" X22.1J LOT 14 l!i! BLOCK 1755 Ii Ii ~ X22.02 u/. I~ "VACANT, NO WEU co./ I X21.80 ~_..,...,...,, --B-L_o_c_K_1_7_5...:;:"'.43:::...L...;SIIIC~..., SIIC S 89"41'46" W ' (t.4) ' (P) )c, C/l SWN J BOULEVARD (70' PUBLIC R/W) 20'± ASPHALT ROAD I 20.~ 2_1_.~_ --e----tffiw-- -- citw--- -OHw Hw- - SETBACKS: FAONT 25' SIDE 8' REAR 25 ' CERTIFIED TO: GRAPHIC SCALE SURVEYORS NOTES: 1. LEGAl. DESCRIPTION PROV\OED BY Cl.JENT. 2. ADJOINDERS SHOYt'N HAVE NOT BEEN SURVEYED. KEVINYOO CRAFTSMEN BUILDERS FIRST AMERJCNril lttle RGCR.ovtNBANK CERTIFICATE: ( IN FEET } Inch = 20 fl. WE HEREBY CERTIFY THAT ll11s MAP OF SURVEY AND OlliER PERTINENT DATA SHONN HEREON, OF THE ABOYE-OESCR1BED PROPERTY WAS MADE OH ll1e GROUND. CONFORMS TO ll1e MINIMUM TECHNICAL STANDARDS FOR LANO SURVEYING IN THE STATE OF FLORIOA, ASOUTUNED IN QiAP'TERl1G17.e, (A.OR!OA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF BUSINESS ANO PROFESSK'INAI. REGULATION, BOARD OF PROFESSIONAL SURVEYORS N J MAPPERS, PURSUNITTO QiAP1ER 4n.oxr, FLORIDA STAlUTES AND THAT SAID SURVEY IS 'TRUE AND CORRECT TO THE BEST OF OUR l<nowleoge AND~ ~ ISU~ UN~OlJ.R,DIRECTION. GEOOET\l'S\J CERTIFI:~ ~ ~~.','. > ~:1--.l:,r. IBUSCHAAGE 3. THIS SURVEY IS BASED ON A CLOSED TRAVERSE WrTH A RELATIVE DISTANCE ACCURACY BETTER llwol 1 FOOT IN 10,CNXI FEET. 4. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY NtOIOR EASEMENTS OF RECORD. 5. UNDERGROUND UTIUTIES OR FOOTERS HAVE NOT BEEN LOCATED. 8. BEARINGS ANO DISTANCES SHOWN HEREON SUBSTANT1AL.1. Y AGREE WITH THE Pt.AT UNLESS Oll1ERWISE NOTED. 7, THE PROPOSED IMPROVEMENTS SH<JINN HEREON DO NOT REPRESENT Tl-IE FINAL DESIGN UNLESS APPROVED BY THE GOVERNING MlJN)CtJJAUTlES. a. ALL RIGHTS-OF-WAY SHOWN HEREON ARE OPEN TO lravb.. lkess OTI RWISE NOTED. 9. ll11s MAP MAY HAVE BEEN REDUCED IN SIZE BY REPROOUCTION. ll11s MUST BE CONSIDERED WHEN OBTAINING SCALEDOATA. 10. ACCORDING TO THE NATIONAL FlCXX) INSURANCE RATE MAP NUMBER 12IX»C0580E, HAVNG AN EFFECTIVE DATE OF APRIL 03, 11Mt8, THIS PROPERTY LIES WITHIN ZONE AE, INSIDE SPECIAL FLOOO HAZARD AR A. BASE FlOOD ELEVATION 21.0 FEET. 11. BEARINGS SHOWN ARE BASED UPON THE CENTERUIE OF HARYESTOR AVENUE AS SHOWN OH ll1e Pl.AT OF PORT MALABAR (UNrT IBIRTY SIX} (DESCRIBED ABOVE). 12. EXISTING ELEVATIONS SHOWN ARE BASED ON THE NATIONALGEOOETlCVERTlCALDAl\JM OF THE PROPOSED ELEVATIONS IF SHOWN HEREON WERE PROVIDED BY1l1E Q.JENT. GEODETlC SURVEY SERVICES. INC. TAKES NO RESPONSIBIUTY FOR n+br CORRECTNESS. THE PROPOSED El.EVATIONS ARE SHOWN ONLY FOR THE CONVENIENCE OF ll1e CLIENT IN ll1e PERMITTING PROCESS ll1rough ll1e LOCAL GOVERNING MUNICIPAUTIES. LEGEND TFB TOR. EL El.EV~ BM sms - FIXED CB CHORD BEARING PCP PERMANENT CONTRCl. POINT PC POINT OF CURVATURE PT POINT OF TANGENCY RIN RIGHT OF WAY AR FOUND IRON ROO "NO IOENTFICATION" FIRC FOUND IRON ROO WITH CAP Uf'OATES ft/or - fte"9cns 8Y P\DT PlJH -.., >-06-GI ot-1+--0i oe JOI~ DM._.ff. - oteacd) ff. 1K) FED IIOCIIO.. 15-f7 - fe.d DATC: 12-JO-Q! CATCH BASIN cxlv CABLE PEDESTAL -(;), WOOD UTlUTY POlE E- GUY ANCHOR STREET LIGHT UGHTP<1E EXISTING ELEVATION C:=:J PROPOSED ELEVATION PROPOSED WELL CHAIN LHK FENCE WOOOFENCE --ltjo-- TOP OF BANK --'IQ[-- TOEOFSLOPE --<>< - - OVEftHEADWIRES - -1.s.L..- - BUILDING SETBACK LM Geodetic Survey Services, Inc Robert J. Conlan Blvd Suite 130 Palm Bay, FL

142 LOT 13, BLOCK 1755, PORT MALABAR, UNIT THI of the Public Records of Brevord f-~,u:~,r=r~!r~:',.-1 sc:; J.... ~r I I > :::0 ~ en d :::0 > ~ z,,, C ~L I l20.84 X21.BJ... _.,,_ : ; 1~ CONc r.,j~ J. ~. K21.Je 10.ocr '!! MAP OF SURVEY BOUNDARY SURVEY OF IX, according to the plot thereof as recorded in Plot Book 19 County, Florido. (Contains acres or 11,382 square feet) ' LOT 12 BLOCK 1755 "VACANT, NO \\ LL" ONE STORY RESIDENCE 791 HARYESTOR A VENUE FF 25.52' GARAGE 25.04' A/C PAD 25.33' 47.55' zs e.sx.... 1,1,'-<>" _ '!:I, X22.87 (M) --C/1. SWM w,==--==-ciiv, ----OHw, ,~ HARPER BOULEVARD (70' PUBLIC R/W') 20':I: ASPHALT ROAD l 41.41' )( LOT 15 BLOCK 1755 "VACANT. NO \\ LL" x22.12 i (/) q ' I <ii ! ". 11~,., :I,.,~ 'i,~ U) k22.2t X22.13 Ii ~ ~ I x21.eo I _ oo OHw-- Pages 82-94, LOT 14 BLOCK 1755 "VACANT, NO \\ LL" SETBACKS: F1IOHT 25 ' BIDE I ' REAR 25 ' GRAPHIC SCALE CERTIFIED TO: KEVINYOO ~BOIUlEM FIRST AMERJCAN Tm..E RG CROWN SN«CERTIFICATE: ( IN FEET ) Inch = 20 fl WE HEREBY CERTlfY lliat TiilS MAP OF SURVEY H40 OTHER PERTINENT DATA SHOWN HEREON, OF TiiE ABOVE--OESaWED PROPERTY WAS MADE ON THE GROUND, CONFORMS TO TiiE MINIMUM TECHNICAL STH4DAROS FOR LANO SURVEY»fG IN THE STATE OF R..ORJDA. IJJ OUTLtEO IN CHAPTER 81G17,', (R.ORDA ADt.lNiSTRATIVE CODE) AS ADOPTB> BYTtlE DEPARTMENT OF BU91ESS ANO PROFESSIONAi. REGULATION, BOARD OF PROFESSIONAL SURVEYORS ANO MAPPERS, PURSLWITTO CHAPTER 4n.G27, FLORIDA STATUTES H40 THAT SAID SURVEY 18 TRUE H40 CORRECT TO TiiE BEST Of OUR KNOWLEDGE ANO 8EUEF "8 ~ UNoe.,:~ DIRECTION. GEOOET1C SURVE'(;~J, INC.. CERTiflC.\TEOF ~!J<IN-LB720I. '' ')" -i~ '~ --,. ~ '.'.,.. :;. :~l!le<><arge SURVEYORS NOTES: 1. LEGAL DESCRIPTION PROVIDED BYCUENT. 2. AOJOINOERS SHOYIN HAVE NOT BEEN SURVEYED. 3. 1MIS SURVEY IS BASED OH A CLOSED TRAVERSE wmt A RELATIVE DISTANCE ACCURACY BETTER THAN 1 FOOT IN 10,000 FEET. 4. LN«>S StK)WN HEREON WERE NOT ABSTRACTED~ RIGHT-OF-WAY ANDKlft EASEMENTII OF RECORD. II. UNDERGROUND VTILmES OR FOOTERS HAVE NOT BEEN LOCATED. I. BEARHGS ANO DISTANCES SHOWN HEREON SUBSTANTIAU.Y AGREE wmt THE PLAT UNl SS OTHERWISE NOTED. 7. THE PRa>OSED IMPROVEMEKTS SHCMN HEREON DO NOT REPRESENT THE ANAL DESIGN UNlE.SS APPROVED BY THE GOVERNING MUNtCIPMJTIES. I, AU RJGHTS-OF.WAY SHCMN HEREON ARE OPEN TO lravel. UNLESS OTHERWISE NOTED. 9. THIS MAP MAY HAVE BEEN REDUCED IN SIZE BY REPROOUCTION. TiilS MUST BE CONSIDERED WHEN OBTAINING SCALED DATA. 10. ACCORDING TO T1i NAllONAL FlOOO INSURANCE RATE MAP NUtiEER 12008CCl6IDE.. HAVWGH4 EFFECTlVE DATE OF APRl.. 03, 1NII, THIS PROPERTY UE8 wmtln ZONE~ INSl>E SPECW. FLOOO HAZARD AREA. BASE FLOOD ELEVATION 21.0 FEET EARIHGS SHOWN ARE BASED UPON Tl CEHTERLIE OF HARYESTOR AVENUE M SHOWN ON TiiE PlAT OF PORT MALABAR (UNIT THIRTY SIX) (DE8CRBED ABOYE). ~~~~.,. ~. ' ' BM SITEB.f. ~ FPR FIXED POIH'fOF REFERENCE CB CHORD BENUNG PCP PERMANENT CONTRa.. POINT PC POINT OF CURVATURE PT P06frrfT a: TNfGENCY RIW RIGHTOFWAY FIR FOUND IRON R(X) 'MO DENTIACATlON" FRC FOU\10 IRON ROD Wini CN' -LDCA- - H«J MN"PER NO. IW587 -OA1 JOI~... DMWM ff. QEOCID ff f1eu)ioqio I..., - PWlD DA'IE: u..., 12-»-<>0 LEGEND 12. EXJSTlNG ELEVATIONS SHOWN ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 11121, 13. Tl PROPOSED ELEVATIONS IF SHOWN tereon WERE PROYDED BY THE ajent. GECDETIC SURVEY 8EJMCES. INC. TAKES NO RESPONSBUTY FOR TIER CORRECTNESS. THE PROPOSED a.evations ARE SHOWN ONLY FOR THE CONVENIENCE OF THE CUEHT IN TiiE PERM'TTl«i PROCESS ntrough THE l...ocal QOYERNING MUNICIPAUT1ES. cx1v CABLE PEDESTAL,0 WOOD UTLITY POl,- GUY NICHOR x;x!jo,<i' STREET LIGHT UGHTP<1E EXISTING El VATION C=:J PROPOSED PROPOSED WEll ~l.lnkfence ---~-- WOOD FENCE TOP OF BANK --,a,:-- TOE OF SLOPE --CHW-- OVERHEAD WIRES - --a..s..t.,- - BUI.ONG SETBACK UE Geodetic Survey Services, Inc Robert J. Conlan Blvd Suite 130 Palm Bay, FL

143 VAI..AN I, NU Wt.LL X21.36 X X22,67 X I )> :::0 ~ Cf) d :::0 )> ~ z C ftl ev.ru ' PUBLIC UTILITY [ "! ID. y, r ' !'- ~ 2.01 c!c DRAINAGE EASEMENT - ~!!'""e.si:' w- CO~EO ENlRY ONE STORY RESIDENCE 791 HARYESTOR A VENUE FF = 25.52' GARAGE = ' A/C PAD = 25.33' 0 ~ ' '..-..:.: l co~;,,.;;:;.,na'ci(.... r ~.. g g.... :. - ~-.....,: 41.41' SIRC LOT 13 BLOCK 1755 \..io.35..._., SIRC ' (M) ' (P) SIRC -- -C/LSWALE- -x- -+-Qi-----""'=UFiW- - OHW-----OHW FN&O a HARPER BOULEVARD (70' PUBLIC R/W) 20'± ASPHALT ROAD BM-1 SETBACKS: FRONT SIDE REAR 25 ' 8 ' 25 ' CERTIFIED TO: KEVIN YOO CRAFTSMEN BUILDERS FIRST AMERICAN TITLE RG CROWN BANK CERTIFICATE: GRAPHIC SCALE 20 O ~-~ I ( IN FEET ) 1 inch = 20 fl SURVEYORS NOTES: 1. LEGAL DESCRIPTION PROVIDED BY CLIENT. 2. ADJOINDERS SHOWN HAVE NOT BEEN SURVEYED. 3. THIS SURVEY IS BASED ON A CLOSED TRAVERSE IN 10,000 FEET. 4. LANDS SHOWN HEREON WERE NOT ABS'TRACTED FOR I 5. UNDERGROUND UTILITIES OR FOO'TERS HAVE NOT 6. BEARJNGS AND DISTANCES SHOWN HEREON SUBSt NOTED. WE HEREBY CERTIFY THAT THIS MAP OF SURVEY AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE-DESCRIBED PROPERTY WAS MADE ON THE GROUND, CONFORMS TO THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 61G17-6, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO CHAPTER 472.'1ZT, co "o,na CTATI m::c: "'"n TI-IAT SAID SURVEY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE 7. THE PROPOSED IMPROVEMENTS SHOWN HEREON DO~ BY THE GOVERNING MUNICIPAUTlES. 8. ALL RIGHTS-OF-WAY SHOWN HEREON ARE OPEN TO 9. THIS MAP MAY HAVE BEEN REDUCED IN SIZE BY REPR

144 CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO Held on Wednesday, November 2, 2016, in the City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law; the minutes are on file in the Land Development Division, Palm Bay, Florida. The minutes are not a verbatim transcript but a brief summary of the discussions and actions taken at this meeting. Chairperson Philip Weinberg called the meeting to order at approximately 7:00 p.m. Ms. Leeta Jordan led the Pledge of Alleg iance to the Flag. ROLL CALL: CHAIRPERSON: VICE CHAIRPERSON: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: MEMBER: Philip Weinberg Wendall Stroderd Leeta Jordan Khalilah Maragh William Pezzillo Rainer Warner Thomas "Woody" Woodrum Michele Quinn (School Board Appointee) Present Present Present Present Present Present Present Present (Late) CITY STAFF: Present were Mr. Stuart Buchanan, Growth Management Director; Mr. Patrick Murphy, Assistant Growth Management Director; Robert Loring, Planner; Ms. Chandra Powell, Growth Management Recording Secretary; Mr. James Stokes, Board Attorney. ADOPTION OF MINUTES: 1. Regular Planning and Zoning Board/Local Planning Agency Meeting No Mr. Weinberg read Form 88 Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, disclosing Mr. Stroderd's conflict of interest with Case CU , Sunshine Petro, Inc., which was submitted into the record al the October 5, 2016 Regular Planning and Zoning Board/Local Planning Agency Meeting. Motion by Ms. Jordan, seconded by Mr. Stroderd to approve the minutes as presented. The motion carried with members voting unanimously.

145 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes - November 2, 2016 Page 2 of 13 ANNOUNCEMENTS: 1. Mr. Weinberg addressed the audience on the meeting procedures and explained that the Planning and Zoning Board/Local Planning Agency consists of volunteers who act as an advisory board to City Council. 2. Mr. Murphy announced that continuances were requested by the applicants for Cases FS (Eric Addington), CP (Wheeler Farms, Inc.), and CPZ (Wheeler Farms, Inc.). Board action was required to continue the requests. Motion by Mr. Pezzillo, seconded by Ms. Maragh to continue Cases FS (Eric Addington), CP (Wheeler Farms, Inc.), and CPZ (Wheeler Farms, Inc.) to the December 7, 2016 Planning and Zoning Board Meeting. The motion carried with members voting unanimously OLD BUSINESS: 1. V HAROLD W. FAHS Mr. Loring presented the staff report for Case V The applicant had requested a variance to allow a proposed concrete carport to encroach 11 feet into the 25-foot side corner setback in an RS-2, Single Family Residential District as established by Section (F)(7)(c) of the Palm Bay Code of Ordinances. The board had to determine, based on the facts presented, the degree of minimal relief to meet the needs of the variance request, as required by Section of the City of Palm Bay Code of Ordinances. Mr. Harold Fahs (applicant) stated that the variance would allow him to erect a carport behind his fence to park his recreational vehicle. Ms. Maragh noted that according to the staff report the carport could be placed elsewhere on the lot without a variance. Mr. Fahs responded that the alternative would involve tearing down his fence and constructing a driveway for the backyard. A variance for the existing fence was granted four years ago. Ms. Quinn arrived at this time.

146 City of Palm Bay Planning and Zoning Board/ Local Planning Agency Regular Meeting No Minutes - November 2, 2016 Page 3 of 13 Mr. Stroderd asked where the carport would sit in relation to the front of the home, and he wanted to know the height of the structure. Mr. Fahs commented that the carport would align with the front of the home, approximately 14 feet behind the gate, and the height of the carport would be about 11-feet high at its canopy. The floor was opened and closed for public comments, and there were no letters in the file. Motion by Ms. Jordan, seconded by Ms. Maragh to submit Case V to City Council for approval of a variance to allow a proposed concrete carport to encroach 11 feet into the 25-foot side corner setback in an RS-2, Single Family Residential District as established by Section (F)(7)(c) of the Palm Bay Code of Ordinances. The motion carried with members voting unanimously. 2. +V JOHNNY R. IMES Mr. Loring presented the staff report for Case V The applicant had requested a variance to allow a proposed free-standing garage to encroach 8 feet into the 25-foot side corner setback in an RS-2, Single Family Residential District as established by Section (F)(7)(c) of the Palm Bay Code of Ordinances. The board had to determine, based on the facts presented, the degree of minimal relief to meet the needs of the variance request, as required by Section of the City of Palm Bay Code of Ordinances. Mr. Pezzillo noted that there were two sheds present on the property. Mr. Loring commented on staff's recommendation for the board to mandate that the existing shed structures be moved under an active building permit. The applicant was not present to represent the subject request, which was initially continued from the October board meeting where the applicant had also failed to appear. Motion by Mr. Stroderd, seconded by Ms. Jordan to strike Case V , a variance request to allow a proposed free-standing garage to encroach 8 feet into the 25-foot side corner setback in an RS-2, Single Family Residential District as established by Section (F)(7)(c) of the Palm Bay Code of Ordinances. The motion carried with members voting unanimously.

147 LEGISLATIVE MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Council Gregg Lynk, City Manager DATE: December 1, 2016 RE: RFP # /JM, North Regional Wastewater Treatment Plant Surface Aerator Replacement City of Palm Bay Utilities Department solicited proposals for the purchase and installation of two (2) surface aerators at the North Regional Wastewater Treatment Plant (NRWWTP). The awarded vendor will provide equipment, installation service, modifications, repairs and all other appurtenances necessary for complete installation per specifications. One (1) proposal was received in response to the City s solicitation. The proposal was evaluated by a committee consisting of members representing the Utilities Department; with assistance from the City s Consulting Engineer (Wade Trim), acting as a non-voting member and subject matter expert (SME). Staff evaluated the submittal based on qualifications, experience, technical capabilities, history and completeness of proposals. Procurement staff completed the calculations for cost. Staff recommends L7 Construction Inc. as the vendor to provide the equipment and install the two (2) surface aerators. Through the committee s proposal evaluation process it was agreed that the one responsive Contractor is an experienced & capable vendor. L7 performs many Utility improvement projects in Brevard County, and is already satisfactorily performing on the City s Lime & Polymer feed system improvements, and was recently awarded the installation of the Deep Injection well pumps at the same campus as the work for this project and has no record of defaulting on past contracts. Local preference was not applied to this project as contractor is located outside of the local area. REQUESTING DEPARTMENTS: Utilities Department, Procurement Department, Finance Department FISCAL IMPACT: Total project award will be $578, Funds are available in the Utilities renewal and replacement account , project 15WS01. RECOMMENDATION: Motion to approve award of RFP # /JM, North Regional Wastewater Treatment Plant Surface Aerator Replacement procurement to L7 Construction Inc., located in Sanford, Florida. Attachments: 1) Ranking Form 2) Tabulation Sheet

148 RFP # /JM NRWWTP Surface Aerator Replacement Initial Scoring Qualifications, Experience, Technical Response = max 4 - points x's 4.5 = max 18 total Tim Eddie Bob Average Multiplier TOTAL COMPANY NAME Bailey Fontanin Hinkel POINTS L7 Construction Completeness of Proposal = max 4 - points x's 1 = max 4 total Tim Eddie Bob Average Multiplier TOTAL COMPANY NAME Bailey Fontanin Hinkel POINTS L7 Construction TOTALS COMBINED L7 Construction 19.58

149 RFP # /JM NRWWTP Surface Aerator Replacement Local Preference Calculations CRITERIA - TOTAL 100 POINTS Qualifications and Experience, Technical, History, and Capabilities = 18 points Completeness of Proposal = 4 points Cost = 78 points Short List - Oral Presentations = 10 points Local Preference Class "A" Vendor Class "B" Vendor Class "C" Vendor Class "D" Vendor BUDGETED FUNDING AVAILABLE - $770, Class "D" Vendor $578, EVALUATION CRITERIA POSSIBLE POINTS Qualifications, Experience, Technical Response 18 Quality of Submittal 4 SUBTOTAL (1) NON-PRICE FACTORS 22 Cost 78 SUBTOTAL (2) POINTS 100 L7 Construction, Inc St Johns Pkwy, Suite 140 Sanford FL / blefever@l7construction.com SHORT LIST - ORAL PRESENTATIONS 10 SUBTOTAL (3) POINTS 110 Local Preference Additional Points TOTAL SCORE % Final Ranking 1) L7 Construction, Inc.

150 RFP # /JM NRWWTP Surface Aerator Replacement Cost Calculations Budgeted Funding Available is $770,00.00 COMPANY NAME PROPOSAL COST LOWEST COST PROPOSED % OF LOW MULTIPLIER TOTAL POINTS ASSIGNED L7 Construction $ 578, $ 578, %

151 RFP # /JM North Regional Wastewater Treatment Plan Surface Aerator Replacement L7 Construction, Inc Saint Johns Parkway Suite 140 Sanford, FL ITEM ITEM DESCRIPTION Qty UOM Total Price 1 Mobilization and Demobilization 1 LS $ 50, Furnish Surface Aerators 1 LS $ 195, Surface Aerator Manufacturer On-Site Service Days 1 LS $ 6, Surface Aerator Removal and Replacement 1 LS $ 74, Aeration Basin Washwater Piping Replacement 1 LS $ 32, Aeration Basin Platform Structural Repairs 1 LS $ 71, Electrical 1 LS $ 150, IF NEEDED: Aeration Basin Platform Structural Modifications 1 LS 0.00 TOTAL BASE PROPOSAL AMOUNT $ 578,

152 LEGISLATIVE MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Council Gregg Lynk, City Manager DATE: December 1, 2016 RE: Acceptance of Quote 2139/BM for Backup PLC Controllers at the South Regional Water Treatment Plant (SRWTP) under Agreement with Santis Engineering SCADA/Telemetry Maintenance Services The Utilities Department currently has in operation a Supervisory Control and Data Acquisition (SCADA) software system for operation and monitoring of the treatment plants, wells, and lift stations. In September 2012 the City competitively selected Santis Engineering (RFP /SB), as the provider for SCADA/Telemetry Maintenance Services. The services included in this agreement include retrofitting and expanding the existing SCADA system, preventative and corrective maintenance, training staff and other repairs as requested. In February 2015 a SCADA Master Plan detailing recommendations for software and hardware upgrades, along with an implementation plan was completed by Wade Trim, the Utilities consulting engineer. The Master Plan included the recommendation to have redundant and standardized Programmable Logic Controllers (PLC). The SRWTP is controlled by three PLCs, failure of any of these would shut down the production of potable water. Santis Engineering has prepared Quote 2139/BM for the backup PLCs along with the services required to complete programming of the existing PLC s at the SRWTP and bypass switches at Wells 1, 2, 3 and the deep injection well. The cost for the services and hardware for the backup PLC Controllers for the SRWTP and bypass switches at wells is $157, in accordance with the rates established in their current contract. Staff is recommending approval to move forward with the services and hardware upgrade detailed in Quote 2139/BM. REQUESTING DEPARTMENTS: Utilities Department, Procurement Department, Finance Department FISCAL IMPACT: Funds are available in Utilities account , project 15WS04. RECOMMENDATION: Motion to approve procurement of services and hardware in the amount of $157, from Santis Engineering located in Cape Canaveral, Florida. Attachment: 1) Quote No. 2139/BM dated November 10, 2016 ED/JM/ab

153 Client: The City of Palm Bay Quotation No: 2139/BM Project: Backup PLC Controllers Date: November 10th, 2016 QUOTATION FOR Backup PLC Controllers City of Palm Bay PREPARED BY SANTIS ENGINEERING, INC N. Atlantic Ave. Suite 101 Cape Canaveral, FL (321) This document is proprietary to Santis Engineering, Inc. It is not to be altered, changed, or otherwise modified without written permission from Santis Engineering, Inc. Page 1 of 7

154 Client: The City of Palm Bay Quotation No: 2139/BM Project: Backup PLC Controllers Date: November 10th, Scope of Work - Controls and Instrumentation The costs and work detailed below are in accordance with specification sections 16000, and Drawings PBU L. SEI will modify the existing three PLC s at the South Regional Water Plant to add a hot swap backup PLC CPU. At each Location SEI will do the following: Pour a Concrete housekeeping pad for the hot swap PLC control panel. Mount a new 72 x 24 x 18 Stainless steel NEMA 4X enclosure containing the PLC CPU and Communications equipment. Run ¾ power and control conduit/wire from the existing PLC I/O rack to the new CPU panel. The Hot/Standby PLC s will be programmed to switch over on failure and raise an alarm on the SCADA. SCADA screens will be programmed locally and at each of the servers in the City network. Supply and install a Quantity of four Network bypass switches at Wells 1, 2, 3 and the Deep injection well. Supply spare parts per the BOM. Clarifications: 1. The 140CPU43412A CPU and 140CHS11000 Hot Standby Unit are now obsolete by Schneider Electric meaning that we cannot rely on them for product support. The alternate supplier in the US only has 6 of the CPU s in stock at this time, we suggest that these are purchased as a matter of urgency if this job is to proceed. 2. SEI will not be held responsible if these parts are not available when the contract is placed. This document is proprietary to Santis Engineering, Inc. It is not to be altered, changed, or otherwise modified without written permission from Santis Engineering, Inc. Page 2 of 7

155 Client: The City of Palm Bay Quotation No: 2139/BM Project: Backup PLC Controllers Date: November 10th, 2016 PARTS BOM Item Description Part Number Qty IO-1, E-3 Control Panel 72x24x18, 12awg, Hoffman 316SS floor standing A722418SSFSN4 1 Subpanel Hoffman A72P24F1 1 Circuit breaker 2A 120V Circuit breaker 5A 120V Din Rail 16 Terminal block Terminal cover End Clamp Wire 1 Ethernet Switch 708FX2-ST 1 Labels 8 PLC Backplane 6 slot 140XBP Power Supply 3 Amp 140CPS Remote I/O Head adapter 140CRP Remote I/O drop adapter 140CRA Hot standby Module 140CHS CPU Quantum 2MB 140CPU43412A 1 Ethernet jumper /125 Micron fiber optic cable and ST connector 990XCA IO-2, E-4 Control Panel 72x24x18, 12awg, Hoffman 316SS floor standing A722418SSFSN4 1 Subpanel Hoffman A72P24F1 1 Circuit breaker 2A 120V Circuit breaker 5A 120V Din Rail 16 This document is proprietary to Santis Engineering, Inc. It is not to be altered, changed, or otherwise modified without written permission from Santis Engineering, Inc. Page 3 of 7

156 Client: The City of Palm Bay Quotation No: 2139/BM Project: Backup PLC Controllers Date: November 10th, 2016 Item Description Part Number Qty Terminal block Terminal cover End Clamp Wire 1 Ethernet Switch 708FX2-ST 1 Labels 8 PLC Backplane 6 slot 140XBP Power Supply 3 amp 140CPS Remote I/O Head adapter 140CRP Remote I/O drop adapter 140CRA Hot standby Module 140CHS110 2 CPU Quantum 2MB 140CPU43412A 1 Ethernet jumper /125 Micron fiber optic cable and ST connector 990XCA IO-3 E5 Control Panel 72x24x18, 12awg, Hoffman 316SS floor standing A722418SSFSN4 1 Subpanel Hoffman A72P24F1 1 Circuit breaker 2A 120V Circuit breaker 5A 120V Din Rail 16 Terminal block Terminal cover End Clamp Wire 1 Labels 8 Ethernet Switch 708FX2-ST 1 PLC Backplane 6 slot 140XBP This document is proprietary to Santis Engineering, Inc. It is not to be altered, changed, or otherwise modified without written permission from Santis Engineering, Inc. Page 4 of 7

157 Client: The City of Palm Bay Quotation No: 2139/BM Project: Backup PLC Controllers Date: November 10th, 2016 Item Description Part Number Qty Power Supply 3 amp 140CPS Remote I/O Head adapter 140CRP Remote I/O drop adapter 140CRA Hot standby Module 140CHS CPU Quantum 2MB 140CPU43412A 1 Ethernet jumper /125 Micron fiber optic cable and ST connector 990XCA Network Bypass Network Bypass switch SW1050A-ST 4 Fiber patch cord 32 SPARE PARTS Power Supply 3 amp 140CPS Remote I/O Head adapter 140CRP Remote I/O drop adapter 140CRA Hot standby Module 140CHS110 3 CPU Quantum 2MB 140CPU43412A 3 This document is proprietary to Santis Engineering, Inc. It is not to be altered, changed, or otherwise modified without written permission from Santis Engineering, Inc. Page 5 of 7

158 Client: The City of Palm Bay Quotation No: 2139/BM Project: Backup PLC Controllers Date: November 10th, Costs The cost for providing the materials and services as detailed above is: Electrical/Housekeeping pads $2, PLCs $63, Panels $22, Subtotal $ 87, % mark up X 25% Parts Total $ 109, SEI labor Rate hours Total Engineering $12, Panel Mods build $2, PLC $15, Eng Startup $12, Tech Startup $4, LabTotal $47, Grand total $ 157, $ 157, One hundred fifty seven thousand three hundred twenty eight This document is proprietary to Santis Engineering, Inc. It is not to be altered, changed, or otherwise modified without written permission from Santis Engineering, Inc. Page 6 of 7

159 Client: The City of Palm Bay Quotation No: 2139/BM Project: Backup PLC Controllers Date: November 10th, 2016 Quote is valid for 30 days. 3.0 Warranty SEI shall warranty all items provided for the system for a period of one year after Owner s final acceptance. We trust this meets your requirements, if you have any questions or comments, please contact our office. Brian Moorhead Project Manager Santis Engineering Inc. bmoorhead@santisengineering.com This document is proprietary to Santis Engineering, Inc. It is not to be altered, changed, or otherwise modified without written permission from Santis Engineering, Inc. Page 7 of 7

160 LEGISLATIVE MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Council Gregg Lynk, City Manager DATE: December 1, 2016 RE: FY 17 First Budget Amendment Summary of the proposed budget amendment: General Fund Revenues Total $36,169 Quarterly revenue received from sale of City Property - $55,307. Reduction of transfer from Stormwater Utility Fund (461) ($15,819) and Solid Waste Fund (471) ($15,819) to correct original budget allocation error of PW PT Admin Secretary position net ($31,638). Transfer from Other Employee Benefit Fund (513) to compensate for Payroll Accountant accounting services - $12,500. Expenditures Total $503,627 Remove funding from original budget for Fire Defibrillators on Lease Agreement which were budgeted on Final Budget Amendment in FY 16 since purchased in FY 16 ($250,920). Remove transfer to Fleet Services Fund (521) for Police Vehicle purchase ($22,077) and have as Police Vehicle Lease instead $22,077 $0.00. Move back FPL Irrigation Pump costs to Public Works department $7,000 that were moved to Facilities department during FY 17 budget process ($7,000) - $0.00. Froze three Police Officer positions during FY 17 budget process. Remove freeze of two (2) of those positions and extend one (1) position for another year, approved by Council 10/18/16 - $82,621. IAFF Re-opener negotiation agreement resulting in additional 2% increase effective 10/1/16, approved by Council 10/18/16 - $115,992. Transfer 90% of quarterly City Property Sales received to Road Maintenance CIP Fund (307) to use towards road program $ - $49,776. Use of 10% of quarterly City Property Sales received to City Manager Office $2,766 and Economic Development $2,765 - $5,531. Reclassification of Paymaster ($63,810) and Payroll Accountant ($59,650) positions from Finance to Human Resources $123,460 $0.00. Reclassification of vacant Parks Admin Assistant to Admin Secretary ($10,199) and transfer savings to Parks Facilities Fund (143) $8,199 to cover reclassification of Senior Rec Leader

161 Mayor and Council: FY 17 First Budget Amendment December 1, 2016 Page 2 to Recreation Supervisor net ($2,000). Reduce Audit costs for General Fund portion since now split amongst Grant Funds ($3,802). Increase for Council Members compensation due to Referendum No. 3 City Charter approval - $53,887. Reduction of PW PT Admin Secretary allocation in original budget due to budgeting error ($47,458). Partial funding of debris removal services for Hurricane Matthew based on use so far, approved by Council 11/3/16 - $500,000. Law Enforcement Trust Fund (101) Expenditures Total $20,051 LETF Replenish the Legal services account $10,000 and Trainer Certification $2,951, approved by Council 9/1/16 $12,951. LETF NAACP Fundraiser donation $1,000 and Friends of the Children s Advocacy Center donation $500, approved by Council 11/3/16 - $1,500. LETF Reindeer Run Donation $5,000 and Anti-Bully Club T-shirts $600, approved by Council 11/17/16 - $5,600. Community Development Block Grant Fund (112) Revenues Total $707,902 Establish FY 17 Grant Revenues - $707,902. Expenditures Total $594,623 Establish FY 17 Grant Expenditures for Admin/Operating $71,744 and Uncommitted and Available Funds (project 14CDBG) $522,879 net $594,623. HOME Investment Grant Fund (114) Revenues Total $199,118 Establish FY 17 Grant Revenues - $189,118. Establish FY 17 Program Income - $10,000. Expenditures Total $179,490 Establish FY 17 Grant Expenditures for Admin/Operating $5,501, Down Payment Assistance (project 16CD01) $50,000, Transitional Housing for Homes for Warriors (project 14CD01) $95,621, and Community Housing Development Organization (CHDO) (project 17CD05) $28,368 net $179,490.

162 Mayor and Council: FY 17 First Budget Amendment December 1, 2016 Page 3 Parks Facilities Fund (143) Revenues Total $8,199 Transfer from General Fund from portion of savings of reclassification of Parks Admin Assistant position to Parks Secretary position - $8,199. Expenditures Total $8,199 Reclassification of Aquatic Center Senior Recreation Leader position to Recreation Supervisor - $8,199. Transportation Impact Fee Fund (155) Expenditures Total $3,421 Additional funding for change order #3 for North Extension St. Johns Heritage Parkway (project 16PW12) - $3,421. Road Maintenance CIP Fund (307) Revenues Total $49,776 Transfer from General Fund for 90% of quarterly City Property sales $49,776. Expenditures Total $49,776 Use of quarterly City Property sales for FY 17 Road Maintenance (project 17PW02) - $49,776. Utilities Operating Fund (421) Expenditures Total $585,175 Transfer to Utilities Renewal and Replacement Fund (424) to maintain appropriate fund balance due to additional funding for projects - $585,175. Utilities Renewal & Replacement Fund (424) Revenues Total $585,175 Transfer from Utilities Operating Fund (421) to maintain appropriate fund balance due to additional funding for projects - $585,175. Expenditures Total $450,000 Additional funding for Deep Injection Well Pump Replacements at North Regional Wastewater Treatment Plant (project 15WS09), approved by Council 11/17/16 - $150,000. Funding for emergency Process Air Pipe Replacement at North Regional Water Reclamation Facility (project 17WS11) - $300,000.

163 Mayor and Council: FY 17 First Budget Amendment December 1, 2016 Page 4 Building Fund (451) Expenditures Total $10,000 Brevard County Licensing Fee for Unlicensed Contractors enforcement for services to start 10/1/16, approved by Council 6/16/16 - $10,000. Stormwater Utility Fund (461) Expenditures Total ($15,819) Correct transfer to General Fund for PT Admin Secretary allocation split between General Fund/Stormwater Fund and Solid Waste Fund for incorrect calculation during original budget process ($15,819). Solid Waste Fund (471) Expenditures Total ($15,819) Correct transfer to General Fund for PT Admin Secretary allocation split between General Fund/Stormwater Fund and Solid Waste Fund for incorrect calculation during original budget process ($15,819). Employee Health Insurance Fund (511) Revenues Total $2,206 Transfer from General Fund for HR Director reclassification and transfer of responsibilities $2,206. Expenditures Total $2,206 HR Director reclassification and transfer of responsibilities $2,206. Other Employee Benefits Fund (513) Revenues Total $52,206 Transfer from General Fund for HR Director reclassification and transfer of responsibilities $2,206. Annual ICMA Admin Service Agreement refund - $50,000. Expenditures Total $14,706 HR Director reclassification and transfer of responsibilities $2,206. Transfer to General Fund to compensate for Payroll Accountant accounting services - $12,500.

164 Mayor and Council: FY 17 First Budget Amendment December 1, 2016 Page 5 Fleet Services Fund (521) Revenues Total ($22,077) Remove transfer from General Fund for Police Vehicle purchase since now will be Lease instead ($22,077). Expenditures Total $2,669 Remove funding for Police Vehicle purchase since now will be Lease in General Fund instead ($22,077). Use of PY Advance from Building Fund (451) remaining balance to purchase PW additional equipment - $24,746. REQUESTING DEPARTMENTS: Finance Department, Police Department, Fire Department, Growth Management Department, Public Works Department, Utilities Department, Facilities Department, Economic Development and External Affairs Department, Parks & Recreation Department, Legislative Department and Human Resources Department. RECOMMENDATION: Motion to adopt FY 17 First Budget Amendment Ordinance. Attachment: 1) Ordinance PG/ab

165 ORDINANCE NO AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2017 BUDGET BY APPROPRIATING AND ALLOCATING FUNDS AS FOLLOWS: USE OF UNDESIGNATED FUND BALANCE IN THE FOLLOWING FUNDS: GENERAL FUND; LAW ENFORCEMENT TRUST FUND; COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND; HOME FUND; TRANSPORTATION IMPACT FEE FUND; UTILITY OPERATING FUND; UTILITY RENEWAL AND REPLACEMENT FUND; BUILDING FUND; STORMWATER UTILITLY FUND; SOLID WASTE FUND; OTHER EMPLOYEE BENEFIT FUND AND FLEET SERVICES FUND; RECOGNIZING REVENUE FOR CITY OWNED PROPERTY SALES; HOME PROGRAM INCOME; OTHER EMPLOYEE BENEFIT FUND ICMA ADMIN SERVICE AGREEMENT; ESTABLISH COMMUNITY DEVELOPMENT BLOCK GRANT FUND REVENUE; ESTABLISH HOME GRANT REVENUE; REDUCE TRANSFERS FROM GENERAL FUND TO FLEET SERVICES FUND; REDUCE TRANSFERS FROM STORMWATER UTLITY AND SOLID WASTE FUNDS TO GENERAL FUND; TRANSFER FROM GENERAL FUND TO ROAD MAINTENANCE CIP FUND; PARKS FACILITIES FUND AND TO OTHER EMPLOYEE BENEFIT FUND; TRANSFER FROM UTILITY OPERATING TO UTILITY RENEWAL & REPLACEMENT FUND; TRANSFER FROM OTHER EMPLOYEE BENEFIT FUND TO GENERAL FUND; RECOGNIZING THAT SUCH APPROPRIATIONS MUST BE MADE PURSUANT TO THE CODE OF ORDINANCES OF THE CITY OF PALM BAY, CHAPTER 35; ADOPTING, RATIFYING, CONFIRMING, AND VALIDATING THE ALLOCATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Bay recognizes that non-budgeted items must be appropriated and that such appropriation must be allocated by Ordinance, and WHEREAS, transfers between funds and departments must be approved by City Council, and WHEREAS, Chapter 35, Finance, Budget, Section , of the City of Palm Bay, Code of Ordinances provides for the transfer of funds and appropriation of unbudgeted funds.

166 City of Palm Bay, Florida Ordinance No Page 2 of 5 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. The City Council, in accordance with the City of Palm Bay, Code of Ordinances, Chapter 35, Finance, Budget, Section , hereby appropriates the following funds: Revenues Expenditures General Fund Remove Lease Agreement Fire Defibrillators (250,920) Police Vehicle Lease 22,077 Reduce Trf to Fleet for PD Vehicle purchase (22,077) Adj HR Director to DCM to City Mgr Office 117,861 Ad from HR Director to DCM to CMO (122,273) Trf to Emp Health Ins Fund (511) for HR Director Rcl 2,206 Trf to Emp Health Ins Fund (513) for HR Director Rcl 2,206 Irrigation Pump FPL Costs to Public Works department 7,000 Irrigation Pump FPL Costs from Facilities department (7,000) Unfreeze two Police Officers positions 82,621 IAFF Re-opener negotiation agreement 115,992 Record Qtrly City Property Sales 55,307 Use of City Property Sales 10% CMO & EDEA 5,531 Trf City Property Sales 90% Road Maint CIP 49,776 Rcl Paymaster position to HR 63,810 Rcl Paymaster position from Accounting (63,810) Rcl P/R Accountant to HR 59,650 Rcl P/R Accountant from Accounting (59,650) Trf from Other Empl Benefit Fund for P/R Accountant 12,500 Rcl Parks Admin Assist to Admin Secr (10,199) Trf to Parks Facs Fund (143) for Parks Rec Supervisor 8,199 Reduce Audit costs now split for Grant Funds (3,802) Incr for Council Members based on Charter Revision 53,887 Corr Trf PT Admin Secr alloc btwn GF/461/471 (31,638) Corr PT Admin Secr Wages original budget (47,458) Debris Removal Services 500,000 Undesignated Fund Balance 467,458 Fund Subtotal 503, ,627

167 City of Palm Bay, Florida Ordinance No Page 3 of 5 Law Enforcement Trust Fund (101) LETF# Legal Services & Trainer Certification 12,951 LETF# NAACP & Children's Advocacy Donations 1,500 LETF#17-03 Reindeer Run & Anti-Bully Club 5,600 Undesignated Fund Balance 20,051 Fund Subtotal 20,051 20,051 Community Development Block Grant Fund (112) Establish FY 17 Grant Exps, admin/operating 71,744 Establish FY 17 Grant Exps, project 14CDBG 522,879 Establish FY 17 Grant Revenue 707,902 Undesignated Fund Balance (113,279) Fund Subtotal 594, ,623 Home Investment Grant Fund (114) Establish FY 17 Grant Exps, admin/operating 5,501 Establish FY 17 Grant Exps, project 16CD01 50,000 Establish FY 17 Grant Exps, project 14CD01 95,621 Establish FY 17 Grant Exps, project 17CD05 28,368 Establish FY 17 Grant Revenue 189,118 Establish FY 17 Program Income Revenue 10,000 Undesignated Fund Balance (19,628) Fund Subtotal 179, ,490 Parks Facilities Fund (143) Transfer from General Fund 8,199 Rcl Senior Rec Leader to Rec Supervisor 8,199 Fund Subtotal 8,199 8,199 Transportation Impact Fees Fund (155) Addtl funding North Extension 16PW12 3,421 Undesignated Fund Balance 3,421 Fund Subtotal 3,421 3,421 Road Maintenance CIP Fund (307) Trf from GF for 90% use of City Property Sales 49,776 FY 17 Road Maintenance Program 17PW02 49,776 Fund Subtotal 49,776 49,776 Utilities Operating Fund (421) Trf to Util Renewal & Rpl Fund (424) 585,175

168 City of Palm Bay, Florida Ordinance No Page 4 of 5 Undesignated Fund Balance 585,175 Fund Subtotal 585, ,175 Utilities Renewal & Replacement Fund (424) Addtl Funding Deep Injection Well Pump Rpls 15WS09 150,000 Funding Emergency Process Air Pipe Rpl NRWRF 17WS11 300,000 Trf from Utilities Operating Fund (421) 585,175 Undesignated Fund Balance (135,175) Fund Subtotal 450, ,000 Building Fund (451) Brevard County Licensing Fee 10,000 Undesignated Fund Balance 10,000 Fund Subtotal 10,000 10,000 Stormwater Utility Fund (461) Corr trf to General Fund for PT Admin Secr Alloc (15,819) Undesignated Fund Balance (15,819) Fund Subtotal (15,819) (15,819) Solid Waste Fund (471) Corr trf to General Fund for PT Admin Secr Alloc (15,819) Undesignated Fund Balance (15,819) Fund Subtotal (15,819) (15,819) Employee Health Insurance Fund (511) Adj for HR Director to DCM responsibilities 2,206 Trf from General Fund for HR Director Rcl 2,206 Fund Subtotal 2,206 2,206 Other Employee Benefits Fund (513) Adj for HR Director to DCM responsibilities 2,206 Trf from General Fund for HR Director Rcl 2,206 ICMA Admin Svc Agreement Refund 50,000 Trf to General Fund for P/R Accountant 12,500 Undesignated Fund Balance (37,500) Fund Subtotal 14,706 14,706 Fleet Services Fund (521) Use of PY Funds remaining for PW Equipment 24,746 Remove trf from GF for PD Vehicle since Lease (22,077)

169 City of Palm Bay, Florida Ordinance No Page 5 of 5 PD Vehicle purchase now Lease (22,077) Undesignated Fund Balance 24,746 Fund Subtotal 2,669 2,669 Total 2,392,305 2,392,305 SECTION 2. The City Council adopts, ratifies, and approves the appropriations as listed above. SECTION 3. The provisions within this Ordinance shall take effect immediately upon the enactment date. Read in title only at Meeting No , held on, 2016; and read in title only and duly enacted at Meeting No , held on, ATTEST: William Capote, MAYOR Terese M. Jones, CITY CLERK Reviewed by CAO:

170 LEGISLATIVE MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Council Gregg Lynk, City Manager DATE: December 1, 2016 RE: Accessibility Audit of Palm Bay Parks The Commission for Accreditation of Parks and Recreation Agencies, 2014 Standards, 5 th Edition, Standard 2.10 ADA Transition Plan states that the agency shall develop and adopt a phased plan for the removal of barriers at existing recreation facilities, parks, and amenities owned or operated by the agency, pursuant to the requirements of the US Department of Justice Title II regulation issued September 14, 2010 and effective March 15, In order to be compliant to this standard the Agency needs to have a Transition Plan created from an audit that notes deficiencies and a time table of when these deficiencies were corrected. The Americans with Disabilities Act (ADA) requires all City sites and facilities, including those that existed before 1992, to be evaluated for the accessibility of the opportunities, programs and services provided. In 2010, the US Department of Justice published a new ADA Title II regulation and a new Standard for Accessible Design. This includes building features (building entries, doors, toilets, etc.) as well as design standards for recreation amenities such as playgrounds, boating and fishing areas and sports fields. The City of Palm Bay is required to use the 2010 Standard to evaluate existing sites. The Title II federal regulation is published by the US Department of Justice at 28 CFR PRT 35. It requires local jurisdictions to comply with the new accessible design standards. The initial compliance activity is the evaluation process which will indicate required improvements, alternatives and strategies to achieve compliance. Compliance does not mean that every park and facility must meet the new design standard, only that comparable experiences available. FISCAL IMPACT: Appropriation of $40, in Recreation Impact Fees Fund balance to account number , to procure three quotes and award the Accessibility Audit and Transition Plan. REQUESTING DEPARTMENT: Parks and Recreation RECOMMENDATION: Motion to approve the use of Park Impact Fees to pay for an Accessibility Audit. BG/FP/ab

171 LEGISLATIVE MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Council Gregg Lynk, City Manager DATE: December 1, 2016 RE: NAGE White Local R Bargaining Agreement Negotiations Negotiations were held during the months of September thru October between the City and the NAGE White Local R Bargaining Unit. Representatives of NAGE White and the City staff have negotiated a new contract that begins October 1, 2016 and expires September 30, The new tentatively agreed NAGE White contract reflects in Article #34 (Wages) the following salary increases for the members in the bargaining unit: A two percent (2%) base salary increase on 10/1/16 for all members. A one percent (1%) base salary increase on 4/1/17 for members hired prior to 10/1/08. A two percent (2%) base salary increase on 10/1/17for all members. A one percent (1%) base salary increase on 4/1/18 members hired prior 10/1/09. A two percent (2%) base salary increase effective 10/1/18 for all members. The City and NAGE White Representatives also agreed to remove the me too clause referenced in Article Also both City & NAGE White mutually consented in Article #21 (Sick Leave) on Pay upon separation changes as follows: Employees who retire or resign in good standing or are separated in good standing shall receive pay for their accrued and unused sick leave as follows: 0-5 years 0% % % % 25 years or more 75% In addition, the City and NAGE White have mutually consented and tentatively agreed on minor modifications in various Articles:

172 Mayor and Council: NAGE White Local R Bargaining Agreement Negotiations December 1, 2016 Page 2 Modifications to contract language in Articles 4, 7, 11, 18, 19, 25, 27, 33, and 41 were done as well. Members of NAGE White scheduled a ratification vote the week of November 9, REQUESTING DEPARTMENTS: Human Resources FISCAL IMPACT: Salary increases for FY 16, 17, 18, and 19 will be reflected in the respective future budget languages. RECOMMENDATION: Motion to ratify the agreement between the City of Palm Bay and the NAGE White Local R Attachment: 1) FY NAGE White Contract Articles DR/RC/ab

173 COLLECTIVE BARGAINING AGREEMENT CITY OF PALM BAY NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES LOCAL R (WHITE) October 1, September 30, 2019

174 TABLE OF CONTENTS Preamble Article 1 Recognition 3 Article 2 Management Rights 4 Article 3 Prohibition of Strikes 5 Article 4 Disciplinary Action 6 Article 5 Non-Discrimination 8 Article 6 Association Representation and Service 9 Article 7 Dues Deduction 10 Article 8 Grievance Procedure 11 Article 9 Bulletin Boards 14 Article 10 Probation 15 Article 11 Seniority, Layoff, and Recall 16 Article 12 Off-Duty Employment 18 Article 13 Reserved for Future Use 18 Article 14 Leave with Pay 18 Article 15 Leaves of Absence without Pay 19 Article 16 Uniforms 19 Article 17 Use of Personal Vehicles 20 Article (a) Retirement Account 21 Article 19 Education and Training 21 Article 20 Health Insurance Benefits 24 Article 21 Sick Leave 25 Article 22 Safety and Health 26 NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 1

175 Article 23 Job Connected Disability 27 Article 24 Death of an Employee 28 Article 25 Holidays 28 Article 26 Bereavement Leave 29 Article 27 Vacation Leave 30 Article 28 Military Leave 32 Article 29 Work Scheduling, Work Period, Overtime and Comp Time 33 Article 30 Shift Differential 34 Article 31 Call Back Pay 35 Article 32 Reserved for Future Use 35 Article 33 Acting Pay and Special Duty Compensation 35 Article 34 Wages 36 Article 35 Severability Clause 39 Article 36 Duration of Agreement 39 Article 37 Entire Agreement of the Parties 40 Article 38 Labor Management Communications 40 Article 39 Publication of Agreement 40 Article 40 Drug Free Work Place 40 Article 41 Vacancies, Transfers and Promotions 45 Article 42 Prevailing Rights 47 Glossary 48 Signature Page 49 NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 2

176 PREAMBLE This Agreement is entered into by and between the City of Palm Bay, Florida (the Employer), and the National Association of Government Employees, Local R (the Association) for the purpose of promoting harmonious relations between the Employer and its employees, to establish an orderly and prompt procedure for the resolution of grievances, to insure continuation of normal activities and operations, and to set forth the full agreement between the parties concerning wages, hours of work and other terms and conditions of employment. A wording importing the masculine gender shall extend and be applied to females as well as to males. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 3

177 ARTICLE 1 RECOGNITION 1.1 The City of Palm Bay recognizes the National Association of Government Employees (NAGE), Local R-5-197, as the sole and exclusive representative of the bargaining unit, hereinafter identified for the purpose of collective bargaining with respect to the establishing of wages, hours, and terms and conditions of employment for all employees within the bargaining unit. 1.2 The bargaining unit covered by this Agreement is specified in the Florida Public Employee Relations Commission (PERC) Certificate Number 712 and Case Number RC and includes all full time regular positions in the following classifications: Accounts Payable Clerk Bookkeeper Building Code Enforcement Inspector Building Inspector Cashier Clerk Typist (Excluding Human Resources and Management/Admin. Serv.) Clerk Typist II (Excluding Human Resources and Management/Admin. Serv.) Code Enforcement Officer Code Enforcement Specialist Collections Account Specialist Construction Projects Clerk Crime Scene Technician Crime Scene Technician II Customer Account Specialist Customer Service Clerk Customer Service Representative Data Entry Clerk Desk Booking Specialist Desk Booking Specialist II Engineering Assistant Engineering Inspector Engineering Technician II Engineering Technician III General Clerk GPS/GIS Technician H&ND Accounting Assistant H&ND Program Assistant Inventory Control Coordinator Jr. Accounting Clerk Liens Account Specialist Mapping Technician Material Management Technician Permit Technician Planning & Environmental Specialist Planning Technician Police Athletic League (P.A.L.) Coordinator Records & Computer Data Supervisor Records Specialist Recreation Leader Secretary (Excluding Human Resources and Management/Admin. Serv.) Senior Inventory Control Coordinator Senior Recreation Leader Switchboard Operator Telecommunicator Telecommunicator Shift Supervisor Traffic/Engineering Technician Training Coordinator Utilities Assistant Utilities Inspector 1.3 The inclusion of a newly established classification shall be the subject of a petition filed with PERC by the Association with notification to the City. 1.4 It is agreed by and between the parties that the City will voluntarily recognize the classifications listed in 1.2 and that the Association will file the proper paperwork with NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 4

178 PERC listing the classifications in 1.2 to update the Association s Certificate and Case Number as stated in All other employees not specifically included in the bargaining unit as certified by PERC are excluded from the bargaining unit including confidential employees, managerial employees, professional employees, and supervisory employees who possess a conflict of interest, temporary, casual, seasonal employees and employees of any other bargaining unit. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 5

179 ARTICLE 2 MANAGEMENT RIGHTS 2.1 The Association recognizes the prerogative of the City, except as expressly restricted by any provision of this Agreement, to exercise exclusively all of the normal and inherent rights of management with respect to the City, including, but not limited to, the right to determine the purpose of its constituent departments, to set standards of service, and to exercise control and discretion over its organization and operations. It is also the right of the City to direct its employees, to take disciplinary action for proper cause, and to relieve its employees from duty, provided in so doing the provisions of this Agreement are not violated. 2.2 The City reserves the right: To select and direct the work force in accordance with requirements determined by management To establish and change work schedules and assignments, and to determine the number of days constituting a work period for employees. In non-emergency situations employees will be provided no less than twenty-one (21) calendar days notice of change in work schedule or assignment. Employees may appeal changes of work schedules and assignments for reasons of organizational efficiency only; according to section 8.7 except that the City Manager will act as arbitrator To assign and distribute available overtime work and to change work schedules in order to minimize overtime work To make and enforce standards of quality and quantity of work to be performed To make and change reasonable rules and regulations and to determine disciplinary action for the failure to obey such rules and regulations To determine job content To make and enforce safety rules To transfer and promote employees To determine the size and composition of the work force To lay off employees for lack of work or other legitimate reasons, and to determine "lack of work." To transfer, subcontract, and eliminate work. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 6

180 To regulate, control, change or eliminate existing work procedures or equipment utilized for duty purposes To determine procedures which will be observed in exercising any authority under this article and to make appropriate arrangements in accordance with applicable law for unit employees adversely affected by the exercise of any authority reserved to the City To suspend, discharge, demote, or otherwise discipline employees for just cause as to both non-probationary and probationary promoted employees, and to take disciplinary action and discharge with or without cause as to new probationary employees To institute and establish new training methods. 2.3 The exercise of management rights shall not preclude employees or their representatives from raising grievances should decisions on the above matters have the practical consequence of violating the terms and conditions of this Agreement. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 7

181 ARTICLE 3 PROHIBITION OF STRIKES 3.1 Neither the Association nor its officers, agents, or any employees covered by this Agreement will instigate, promote, sponsor, engage in, or condone any strike, slow-down, concerted stoppage of work, illegal picketing, or intentional interruption of the operations of the City during the term of this Agreement, regardless of the reason for doing so. 3.2 Upon the occurrence of a strike, which is neither authorized nor ratified by the Association, the provisions of this Agreement shall cease to apply to any and all striking employees and those acting in concert therewith, but shall remain in force as to all non-striking employees. 3.3 The Association agrees that in the event of any strike, work stoppage, illegal picketing, or interference with the operation of the City, a responsible official (i.e. Local Executive Board Member) of the Association shall promptly disavow such strike or work stoppage as violation of Florida Law, and warn members of the consequences of their action. 3.4 In the event a dispute exists between the City and the Association as to whether concerted activity by employees constitutes a strike within the meaning of this article, the provisions of paragraph 3.2 shall be held in abeyance until PERC or a court of competent jurisdiction determines that a strike has taken place or is about to take place. 3.5 The City shall have the right to discharge or otherwise discipline for cause any or all employees who violate the provisions of this article, as provided by Chapter 447, Part II, Florida Statutes. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 8

182 ARTICLE 4 DISCIPLINARY ACTION 4.1 A non-probationary employee may be disciplined or discharged only for just cause. An employee under investigation will be notified of the charges prior to the conclusion of the investigation. 4.2 Whenever it is alleged that an employee has violated any rule, regulation, or policy, for which he can and/or may be suspended or discharged, the employee and Association President shall be notified within ten (10) working days in writing of the alleged violation(s) unless such notification will jeopardize the City s investigation of the allegations A supervisor may verbally counsel an employee at any time and may, at the supervisor s discretion, follow up with written summary of the counseling session that is provided to the employee and copied to the Human Resources Department. Should the employee dispute the basis for the counseling, the employee may, at the employee s discretion, provide a written statement to the supervisor and the Human Resources Department to be attached to the summary of counseling. Refer to Administrative Code (Pre-Determination Hearings). 4.3 Whenever a bargaining unit employee is questioned and it is reasonable to believe the questioning could lead to disciplinary action, demotion, or dismissal, the following shall apply: The interview shall be conducted at a reasonable hour, and, if possible, while the employee is on duty, unless the seriousness of the offense requires immediate action The employee shall be informed of the identity of the interviewing official and all persons present during the interview. No more than one person shall question the employee at any one time The employee shall be informed of the nature of the interview and shall be informed of the names of all complainants. The employee shall be provided a copy of the complaint, all written statements concerning the incident and all audio or video recorded statements prior to answering any questions Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary The employee shall not be subjected to offensive language or be threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 9

183 4.3.6 All sessions shall be tape recorded. A copy of the tape shall be provided at no cost to the employee Employees have a right to representation During the interview of an employee, questions will be limited to obtaining information concerning the alleged violation(s). There shall be no "fishing expeditions." Personnel Rules and Regulations, Policies & Procedures, City Administrative Regulations, Ordinances, written regulations, or statutes which have been allegedly violated shall be identified and a copy provided to the employee. 4.4 The City agrees that no disciplinary action shall be taken against a bargaining unit employee without prior notice to the employee, with a courtesy copy of that notice being sent to the Association President. No written notice of disciplinary action shall be placed in an employee's personnel file before a copy is furnished to the employee. Each written notice of disciplinary action shall specify the incident or set of circumstances on which it is based. 4.5 Bargaining unit employees are entitled to inspect and copy their personnel files. The City will supply these records and documents within the timetable specified by Chapter 119, Florida Statutes. 4.6 The City agrees to discipline employees in private except when public disciplinary action cannot reasonably be avoided. To the extent permitted by law and consistent with proper investigative procedure, a disciplinary action shall remain confidential until the affected employee is informed. 4.7 Bargaining unit employees shall have the right to prepare for inclusion in their personnel files a written response to any written reprimand. The written response must be provided to the Human Resources Director no later than 7 calendar days after the date of receipt of such reprimand. 4.8 Suspension without pay shall not become effective until an employee has completed the appeal process or until the time frame for such an appeal has expired. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 10

184 ARTICLE 5 NON-DISCRIMINATION 5.1 All bargaining unit employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Association. Neither the City nor the Association shall interfere with, restrain or coerce the public employees in the exercise of any rights guaranteed them under Chapter 447, Part II. Florida Statutes, or the provisions of this Agreement. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 11

185 ARTICLE 6 ASSOCIATION REPRESENTATION AND SERVICE 6.1 The Association shall notify the City in writing of the names of its representatives. The City agrees that during the term of this Agreement, it will deal only with the authorized representatives of the Association in matters requiring mutual consent or other official action called for by this Agreement. 6.2 Attendance at meetings, grievances, disciplinary hearings, negotiations, etc An Association representative, shall be granted reasonable time off during working hours to investigate and settle grievances, or attend grievance or disciplinary meetings. The representative shall give their supervisor advance notice when possible Association officials and representatives, up to the maximum of three (3), shall be permitted reasonable time off without loss of pay or benefits to perform the following Association business, so long as it is on City property: attend negotiation sessions and meetings with department heads or city officials. 6.3 Official Association representatives shall be permitted to communicate during working hours with bargaining unit employees concerning official Association business only if such communication does not interfere with or hinder the performance of the duty by the employees involved, as determined by the immediate supervisor. If the City Manager deems this to hinder the performance of duty of employees, he may put a stop to this practice. 6.4 The City agrees to furnish to the Association upon request, the following information generated in the previous month A list of new employees in bargaining unit classifications, reflecting: name, address, phone number, hire date, department assignment, classification and pay code, except when such information is made confidential by law A current list of all bargaining unit employees who have their membership dues in the Association deducted from their pay. 6.5 Upon request, the City will make available to the Association with one (1) current copy of all written orders and regulations, including policies and procedures, supervisory directives, memoranda, and special orders, that do or could affect bargaining unit members. 6.6 Official interpretation of the Association s position on the content or intent of any of the provisions of this Agreement shall be limited to the International or Local Association President, Association attorney or Association designee. No other member of the NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 12

186 Association or any other person has the authority to announce the Association's interpretation of this Agreement, and their response shall be treated as a personal opinion. 6.7 Every reasonable effort will be made to limit negotiating session hours to the normal work day. 6.8 When negotiation sessions extend beyond regular working hours the Association representatives shall not be entitled to any type of premium pay while engaged in said negotiations. 6.9 Both parties agree to the creation of a NAGE White Time Pool. The City shall transfer one (1) hour from each dues paying bargaining unit member s vacation leave into the NAGE White Time Pool The deduction shall occur automatically in the pay period containing October 1 st. The 2012 deduction shall occur in the pay period following the ratification of this contract. Members joining after the first of October will have the deduction occur in the same pay period as the first Dues deduction. Any time donated to the time pool cannot be returned to the donator Time Pool hours may be drawn at the written discretion of the NAGE WHITE President or designee in increments of at least one (1) hour Changes against the NAGE White time pool will be kept by NAGE White. A NAGE White representative may be granted pool time to attend public budget hearings, City Council meetings, investigations of grievances, preparation for negotiations, or resolution of impasse before the City Council. The time pool may also be used by NAGE White to attend conferences, seminars, and training courses of by various Union, and/or NAGE sources. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 13

187 ARTICLE 7 DUES DEDUCTION 7.1 Any member of the Association who has submitted a properly executed written dues deduction authorization to the Local Association President or designee and the same is forwarded to Human Resources Department for processing and submission to payroll shall have his membership dues in the Association deducted from his pay. Dues shall be deducted bi-monthly and shall be transmitted to the Association office (NAGE, Attention: Comptroller, Fiscal Office, 156 Burgin Parkway, Quincy, MA ), accompanied by a list of those employees' names whose dues are included. The Association will pay an annual lump sum charge of sixty-five dollars ($65.00) for this service in January of each year. Said sum will be deducted from the January check. It shall be the responsibility of the Association to notify the Human Resources Director or designee of any change in the amount of dues to be deducted at least thirty (30) days in advance of said change. Under no circumstances shall the City be required to deduct Association fines, penalties, or special assessments from the pay of any member. 7.2 The Association agrees to indemnify and hold harmless the City, its agents, employees, and officials from and against any claims, demands, damages, or causes of action (including, but not limited to claims, etc., based upon clerical or accounting errors caused by negligence), of any nature whatsoever, asserted by any person, firm, or entity, based upon or related to payroll deduction of Association dues. The Association agrees to defend, at its sole expense, any such claims against the City or its agents, employees, and officials. The term officials as used herein includes elected and appointed officials. 7.3 Any employee may withdraw his dues deduction to the Association upon thirty (30) days written request to the Local Association President or designee and forwarded to Human Resources Department for processing and submission to payroll. 7.4 No deductions shall be made from the pay of any employee for any payroll period in which the employee's net earnings for that payroll, after other deductions, are less than the amount of dues to be checked off. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 14

188 ARTICLE 8 GRIEVANCE PROCEDURE 8.1 For the purpose of this article, a grievance is a dispute concerning the interpretation or application of the terms of this Agreement. 8.2 All references to days in this article are to calendar days. If the last day of any applicable time period called for in this article is Saturday, Sunday, or a holiday, the deadline is automatically extended to the close of business of the next scheduled working day for administrative personnel of the department. 8.3 Any bargaining unit employee who believes that he has a grievance may discuss that matter with his immediate supervisor as soon as possible after the employee is aware of a dispute concerning the interpretation or application of this Agreement. If no satisfactory resolution is immediately forthcoming at this level, a bargaining unit employee or their representative may invoke Step I of the grievance procedure in accordance with the requirements set forth below. Provided, however, newly hired probationary employees shall not be entitled to invoke the grievance procedure. All grievances regarding termination shall be submitted at Step III. 8.4 In the event that a grievance involves more than one employee and is dependant on a common fact situation, such grievance shall be deemed a class grievance and the grievance procedure may be invoked directly at Step 3, the department head level, by any aggrieved regular employee or the Association. All employees in the same common fact situation shall be bound by the resolution of the grievance and no further individual grievances concerning or arising out of that common fact situation will be processed. 8.5 Any grievance that has not been submitted to the next step in a timely manner shall be deemed expired and no further action pursued on the matter. Extensions shall be subject to the mutual agreement of the parties and reduced to writing. 8.6 The grievance procedure shall include four (4) steps: STEP I Step I grievance shall be submitted in writing to the employee's immediate supervisor on the standard grievance form and shall be signed by the grievant. The Step I grievance shall concisely state the facts relied on by the grievant, the article(s), and/or section(s) of the Agreement alleged to have been violated, and the relief requested by the grievant Within seven (7) calendar days after the receipt of a timely Step I grievance, the supervisor or designee, shall meet with the grievant, who shall have the right to be represented by the Association, and, shall render a written decision concerning the grievance. If the grievant is not satisfied with the Step I decision, or if no decision is issued within the allotted time, the grievant may invoke Step II of the grievance procedure. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 15

189 STEP II Within seven (7) calendar days after the date that the Step I decision is issued or due, whichever is earlier, the grievant may invoke Step II of the procedure by submitting the Step I decision to the Department Head or designee along with a written statement of his or her reason for dissatisfaction with the decision Within seven (7) calendar days after receipt of a timely Step II grievance, the Department Head or designee shall schedule a hearing concerning the grievance. The Department Head or designee shall render a written decision, within seven (7) calendar days after the hearing, concerning the grievance. If the grievant is not satisfied with the Step II decision, or if no decision is issued within the allotted time, the grievant may invoke Step III of the grievance procedure. STEP III Within seven (7) calendar days of the date the Step II decision is issued or is due, whichever is earlier, the grievant may invoke Step III by submitting the grievance and all written decisions concerning it to the Human Resources Director or designee who will hear the grievance on behalf of the City Manager Within seven (7) calendar days after receipt of the grievance documents, the Human Resources Director or designee will conduct a hearing concerning the grievance. The grievant may present evidence in support of the grievance at the Step III hearing. Within seven (7) calendar days after the hearing, unless extended by mutual agreement, the Human Resources Director or designee shall render a written decision concerning the grievance. If the employee is unsatisfied with the Human Resources Director's or designee Step III decision, or if no decision is issued within the allotted time, the grievant may request the Association to invoke Step IV, the arbitration step of the procedure. STEP IV Within seven (7) calendar days of the date the Step III decision is issued or is due, whichever is earlier, the Association or grievant may invoke arbitration by giving the City timely written notice of its intent to arbitrate the grievance in question. Such notice shall be served on the Human Resources Director by certified mail, return receipt requested The City and the Association shall, within thirty (30) calendar days after receipt by the Human Resources Director of the Association's notice of intent to arbitrate, submit a request to the Federal Mediation and Conciliation Service (F.M.C.S.) for a panel of seven (7) professional arbitrators who reside in the State of Florida. Representatives of the City and Association shall confer within thirty (30) calendar days after receipts of the list of arbitrators and each shall alternately strike, one at a time, two names from the list. The first strike shall be made by the grieving party. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notify the arbitrator of his selection. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 16

190 8.6.9 Bargaining unit members may proceed to arbitration without the permission of the Union. However, before proceeding to arbitration, the employee shall submit a cash payment to the City equal to the estimated arbitrator s fee and costs for the arbitration proceeding. If the employee prevails, the City shall refund the arbitrator s fee and any unspent costs. ARBITRATION RULES 8.7 Arbitration arising under this Agreement shall be conducted in accordance with the following rules: The issue before the arbitrator shall be mutually agreed upon by the parties and if this is done, the arbitrator shall confine his decision to the particular matters specified. If the parties fail to agree on the issue, both the City and the Association shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. According to section the City Manager shall serve as arbitrator for issues under section 2 Management Rights. This section, however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Agreement The arbitrator shall have jurisdiction and authority to decide a grievance properly before him The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement any provision of this Agreement The arbitrator may not issue any declaratory or advisory opinions and shall confine himself exclusively to the issue properly presented to him for resolution Each party may be represented at hearings by counsel or other representatives of their choice Each party shall bear the costs of preparing and presenting its own case. Any party desiring a verbatim transcript of the proceedings shall bear its cost, unless otherwise agreed. If both parties desire a record, its cost shall be shared equally by the parties All expenses of the arbitrator shall be borne by the losing party. If the arbitrator awards a compromise or split award, the arbitrator's fees and expenses shall be borne equally by the parties to the arbitration Copies of the arbitrator's written award shall be furnished to both The arbitrator's award shall be final and binding on both parties. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 17

191 ARTICLE 9 BULLETIN BOARDS 9.1 The City will provide bulletin boards for the purpose of posting Association material. No posted information shall be of a political nature (excluding political material relating to Association elections) or defamatory of the City, its officials, employees, or employee organizations. The NAGE Newsletter may be posted on the bulletin boards in its entirety. 9.2 Each bulletin board will be located in an area mutually agreed upon by the Association and the City. The City will make available space for bulletin boards the size of 24x36 and smaller, but no less than 18x Any matter posted on the bulletin board or placed for distribution which, in the discretion of the City, contravenes this Article may be removed without notice to the Association. Any material so removed shall be given to the Association with a written explanation for its removal, within 24 hours of such removal. 9.4 Names of NAGE representatives may be posted on the NAGE bulletin board by the Association. 9.5 Non-association material posted on the Association's allocated space shall be brought to the attention of the area supervisor by an Association official. Said supervisor shall take necessary corrective action. 9.6 Listed below are the locations where the Association bulletin boards will be placed: City Hall: Police: Fire: Utilities: Parks and Recreation: Growth Management: Building Division: Code Enforcement: Economic Development: Housing & Neighborhood Dev.: Public Works: Break Room Customer Service Communications Center break room Upstairs break room Fire Prevention City Hall Emergency Operations Center/Fire Headquarters Troutman Boulevard Administrative Building Parks Headquarters DeGroodt Community Center Break room in City Hall Break room in City Hall Break room in City Hall Break room in City Hall Break room in City Hall Break area NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 18

192 ARTICLE 10 PROBATION 10.1 All newly hired City employees must successfully complete a twelve (12) month probationary period. An employee moving into a bargaining unit position, with no break in service, and has completed an initial probationary period with the City, shall serve a six (6) month probationary period Newly hired probationary employees can be disciplined or discharged by the City which action shall not be subject to the grievance or arbitration procedures Part-time employees who become full-time regular employees in the same position and in the same department shall be given credit for probationary time served already as a part-time employee on an hour for hour basis. This probationary credit shall not exceed fifty (50%) percent of the probationary period required in Section l0.1 above Bargaining unit employees on probation as a result of a position reclassification or upgrade within the bargaining unit shall not have their seniority sick leave or vacation accumulation affected by such change. Employees accepting a new classification shall serve no more than a six (6) month probationary period, assuming an initial probationary period was served. Employees that fail to complete the probationary period following a position reclassification or upgrade shall be transferred to the previously held position An Employee who is promoted or transferred shall serve a six (6) month probationary period. If he is removed from the new position during the probationary period the employee shall be returned to his former position without loss of seniority or other benefits at their former pay and shall not serve a new probation period. Probationary periods shall be extended by the amount of leave days the employee uses during the above probationary period, if the leave is in excess of eighty (80) hours. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 19

193 ARTICLE 11 SENIORITY, LAYOFF AND RECALL 11.1 Definition: Seniority shall mean an employee's length of time in the classification, within the bargaining unit, measured from the employee's most recent date of hire. If application of the preceding sentence results in two (2) or more employees having the same seniority, the employee's length of continuous employment within the City will be more senior Accrual: An employee accrues seniority during all periods of approved leave with pay. An employee accrues seniority during periods of unpaid leave which do not exceed thirty (30) consecutive calendar days in duration. Seniority accrual is suspended on an employee's 31st consecutive calendar day of unpaid leave and remains suspended until the date the employee returns to duty. Probationary employees do not accrue seniority until they obtain permanent status, at which time their seniority shall be measured from their date of hire for full-time employment Application: Seniority shall govern layoff and recall and shall apply for the purpose of vacation preference If a position is eliminated by the City, the employee holding said position may be offered an existing vacant position equal to or no more than one (1) pay grade lower without any loss in pay as long as the employee is qualified based on the minimum requirements of that position. If the employee is placed into a position that is more than one (1) pay grade lower, the employee s salary will be reduced by three percent (3%) for each additional grade, (i.e. 1 grade-no reduction; 2 grades-3% reduction). The employee must be qualified to hold the vacant position by meeting the minimum job requirements. If no position is vacant, then the provisions of Article11.7 will apply Notice of Layoff: The City shall notify affected bargaining unit employees in writing no less than fourteen (14) calendar days before the effective date of the layoff Layoff: The City will determine the timing of layoffs, and the number of employees to be laid off Bumping: The conditions under which an employee who is laid off from one department may move to another department by displacing the least senior employee An employee may bump an employee with less seniority in their department, provided notification in writing is submitted within the first five (5) business days after notification of lay off. Bumping by the employee in or within a department can be exercised if the bumping employee has more seniority then the employee they will bump, fulfills the work experience requirement of the position, and has successfully completed one (1) year of service in that department. The intent of this provision is to prevent an employee who has worked in one department and has not worked in another department from bumping a less senior employee from another department. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 20

194 An employee with at least 10 years seniority may bump an employee as described in or may bump the least senior person within the same classification, citywide, provided the employee being bumped has less than 3 years of service Recall: Notice of recall shall be given to the employee by the Human Resources Department via certified mail, return receipt requested, sent to the most recent address contained in the laid off employee's personnel records. It shall be the responsibility of each laid off employee who desires to be recalled to keep the City continuously advised of his correct current address by submitting a certified letter to the Human Resources Department with a copy to the Association The names and seniority dates of laid off employee shall be placed on a recall list. If an employee in layoff status meets the minimum requirements of a vacant position, they will be considered in the hiring process. A copy of the recall list shall be supplied to the Association An employee who receives a notice of recall must notify the City's Human Resources Department of his desire to return to work no later than the close of the fifth (5th) business day following the receipt of the recall notice, but not more than 10 calendar days from the mailing. If a notice of recall is returned unclaimed, it shall be presumed that the employee has been notified. A laid off employee who fails to notify the Human Resources Department in accordance with this section shall lose his position on the list Within ten (10) business days of the date a laid off employee gives notification to the Human Resources Department of his desire to return to work, the employee must report fit for duty or lose all recall rights Employees shall be recalled in the order of their seniority within the classification elected by the City for recall. If, after the City has provided notice of recall in accordance with this Article to all eligible employees on the recall list, vacancies exist because laid off employees have refused recall or failed to respond to notice within the time allotted, the recall list shall be deemed exhausted and the City shall fill the vacancies through its ordinary hiring process Upon the recall and return of a laid off employee to a bargaining unit position, the recalled employee shall receive the rate of pay applicable under the pay plan in force on the date of recall Seniority shall not accrue during layoff, unless the layoff is 30 days or less. Upon recall, an employee's seniority shall date from the employee's former hiring date, less the period of layoff, except when the layoff is 30 days or less, then there shall be no loss in seniority Employees shall lose seniority as a result of the following: NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 21

195 Termination or Resignation Retirement Layoff exceeding the period of the employee's seniority or 24 months whichever is less Unexcused absence exceeding three (3) consecutive work days shall result in the loss of seniority for all unexcused days absent Failure to respond to a notice of recall in accordance with Section 11.8 within five (5) business days of receipt of the recall notice. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 22

196 ARTICLE 12 OFF-DUTY EMPLOYMENT 12.1 An employee may engage in off duty employment only to the extent that the off duty employment does not interfere with the performance of the employee's duties for the City, conflict with the interests of the City and does not violate any federal, state, or local laws or ordinances. The employee must submit notification of off-duty employment to the Human Resources Director to be placed in their personnel file. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 23

197 ARTICLE 13 RESERVED FOR FUTURE USE NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 24

198 ARTICLE 14 LEAVE WITH PAY 14.1 JURY DUTY: Any employee summoned to serve on federal, state, county or circuit court jury may retain only expense fees. All employees serving on jury duty will receive their full pay and allowances. All other payments will be turned in to the City Employees are required to provide proof of attendance from the court for each day they are required to report for jury duty. The proof of attendance must indicate the date, time reported and time released Employees shall notify their assigned supervisor three (3) weeks before jury duty is to commence, or immediately upon the employees next scheduled working day after receipt of notification in which they are summoned to serve jury duty VOTING ON SCHEDULED ELECTIONS: Employees whose work schedule starts before 8:30 a.m. and extends beyond 5:00 p.m. during local, state or national elections may, upon approval from the department head, be granted up to one (1) hour of compensable time during their regularly scheduled work hours to cast their ballots as long as this release time does not interfere with departmental activities and provided the employee is registered and eligible to vote EMERGENCY BLOOD DONATION: Employees in the bargaining unit may be granted time off with pay for donating blood during emergency replenishment if authorized by the department head. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 25

199 ARTICLE 15 LEAVES OF ABSENCE WITHOUT PAY 15.1 Upon the recommendation of the Department Head and the Human Resources Director, and approval by the City Manager, a regular employee may be granted a leave of absence for a course of study, extended illness, disability, or other valid reasons Leave of absence may be authorized for extended absences over and above FMLA (Family Medical Leave) not exceeding six months. Each instance shall be reviewed on its merits by the Department Head, Human Resources Director and final approval of the City Manager upon receipt of a formal written request submitted to the Department Head The approval of leave shall indicate the total period of time an employee expects to be away from duty An employee shall not be eligible to accrue leave while on leave without pay All leaves of absences without pay (except military) in excess of thirty (30) calendar days will not be counted toward the employee's seniority 15.6 Retention of health and life insurance benefits while on leave of absence will be at the employee's expense unless otherwise specified. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 26

200 ARTICLE 16 UNIFORMS 16.1 The City shall determine which employees/departments shall be required to wear a city issued uniform or a city issued shirt The employees who are required to wear a uniform, and employees required to wear a city issued shirt shall be furnished without cost to that employee the appropriate number of shirts or uniforms with a minimum number that corresponds to the number of days per week that the employee is regularly scheduled to work The color, style and material of uniforms may be suggested by the bargaining unit; however the final decision shall be made by the City and is not subject to grievance or arbitration Bargaining Unit members who have completed their initial probationary period shall be entitled to receive an annual payment of $100, payable the first payday in December of each year Employees shall be responsible for taking reasonable care of all issued equipment. Shirts and uniforms furnished to employees are still considered City property and as such, any intentional or negligent damage, excluding normal wear and tear, of the clothing is considered willful damage to City property and is subject to disciplinary action. Based upon supervisor's approval, the City shall repair or replace, at no cost to the employee, issued shirts or uniform components or equipment which are damaged, destroyed or worn out in the course of work The City shall repair or replace, at its option and at no cost to the bargaining unit member, a member's personally owned utility equipment, including sunglasses, corrective lenses, watches, etc. (not to include jewelry), that is damaged or destroyed in the performance of their job. The City agrees to repair or replace such equipment within a reasonable time at a cost not to exceed $50.00, provided that a replacement limit of $100 shall apply to frames and up to $250 for corrective lenses destroyed in the performance of their job. Repair or replacement will be made by the City only if all safety and preventive steps had been taken by the employee at the time the damage is suffered Appropriate deductions will be made from the employee's pay check(s) if items of shirts, uniforms or equipment are not surrendered upon termination of employment or are lost due to employee negligence Employees shall be permitted to display an Association pin on their shirt or uniforms. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 27

201 ARTICLE 17 USE OF PERSONAL VEHICLES 17.1 The City will make every reasonable effort to see that employees will not normally be required to use their personal vehicles in the performance of assigned duties Where an employee is required to use his personal vehicle for the performance of an assigned duty, he will be compensated for mileage at the rate established in the City's Travel Policy (Administrative Code 29). NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 28

202 ARTICLE (a) RETIREMENT ACCOUNT 18.1 The City will provide a defined contribution plan to all employees of the bargaining unit. Individual retirement accounts will be established through a plan provider approved by the City The City will contribute a base of 3% to each individuals retirement account. The employee may elect zero to six percent (0-6)% to contribute to their account and the City will match the employee election percentage in addition to the above 3%. The City may make enhancements to the Plan in accordance with Plan documents and IRS rules but will not be less than what is listed below. Elective Match Employer Total Employee Employer Base Contribution *Employee elected contribution rate must be in accordance with IRS Code Other provisions of the City s Retirement Plan will be as found in the Money Purchase Plan & Trust Adoption Agreement between the City and the International City Management Association-Retirement Corporation. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 29

203 19.1 Training: ARTICLE 19 EDUCATION AND TRAINING Employees who attend any educational or training program as directed by the City will do so without loss of pay or benefits Employees desiring to enroll in an accredited educational institution and who will be required to attend classes during work hours may, in advance of the commencement of said classes, make arrangements with the City for an adjustment of work hours to permit class attendance or for reasonable leave without pay for class attendance Release on leave without pay status or adjustment of work scheduling shall be at the discretion of the City and shall be dictated by the City's need for the employee to perform work duties during normal work hours All employees of the bargaining unit will receive their full pay and allowances while attending seminars and educational training as directed by the City as part of their official job function. If available, the City will provide the employee(s) with a city vehicle. Travel time from portal to portal will be considered hours worked When employees are attending seminars, educational programs, or traveling to such activities, which necessitates them to be out of the City for longer than one day, the Employer will provide the employee with the per diem amount. The per diem shall be paid in advance of travel where possible, and the employee shall not be required to submit receipts for meal expenses. Per Diem shall be based upon departure and return times in accordance with Chapter 112, Florida Statutes. The employee shall be responsible for submitting receipts for reimbursement for expenses other than meals Employees may be requested to attend such training programs as directed by the City. The City will endeavor to schedule training programs during normal working hours. All employees required to attend educational or training programs shall do so at no expense to the employee and shall receive a reasonable allowance for transportation if the employee is required to use his or her own vehicle for transportation. Employees attending such programs in a group shall not individually receive transportation reimbursement and shall reasonably be required to pool with respect to transportation. Education 19.3 A regular employee who desires to obtain reimbursement from the City for a job related college or technical certification course (or prerequisite for such course) shall, prior to enrolling in such course and paying registration fees, submit an Educational Program NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 30

204 Approval Form to the City Manager through appropriate department channels. The City will not reimburse for Ph.D. courses. This request shall state: The institution, course of study, and job-related purpose of the course; The degree major/certificate sought; The total number of semester/quarter hours for which reimbursement is sought and the approximate cost thereof; The estimated completion date for the program or semester Two courses per semester may be reimbursed The City Manager, after receiving the recommendation of the department head (or designee), shall grant or deny the request for reimbursement. The City Manager's decision shall be final, except as provided in this article The ability to provide educational reimbursement is subject to the availability of budgeted funds. All course approvals are on a course-by-course basis An employee who has received the City Manager's approval for educational reimbursement shall, at the end of the course of study, or of the semester (in the case of a continuing degree program), submit to the department head (or his designee) the following documents: Itemized receipts showing payment for tuition (including enrollment fees) and books utilized during each course of study Transcript reflecting the grade(s) achieved by the employee for the completed course(s) The Employer shall provide reimbursement for approved educational expenses according to the following schedule (up to the per credit hour charge made by the University of Central Florida) per the Educational Reimbursement form % reimbursement for courses and books in which a final grade of "A" is achieved; or for courses in which a grade is not issued but the employee presents documentation of successful completion of the course; % reimbursement for courses and books in which a final grade of "B" is achieved; % reimbursement for courses and books in which a final grade of "C" is achieved; NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 31

205 No reimbursement for courses in which the final grade of less than "C" is achieved, or from which the employee has withdrawn or been issued an Incomplete In courses that are pass/fail, a final grade of pass is considered an A and a final grade of fail is considered as F. If the employee receives the tuition reimbursement from any other source, the reimbursement provided by the City shall be reduced by the amounts received from those other sources. Employees shall be required to inform the City of tuition reimbursement received from any other source In order to receive educational reimbursement, an employee must execute a formal contractual agreement with the City which provides that: The employee agrees to remain in the City employment for a minimum of one year from the end of the course or semester for which the employee receives reimbursements, and; The employee agrees to repay, pro-rata, amounts received for education reimbursement if the employee's City employment terminates within one year from the end of the course or semester for which the employee receives reimbursement, and; The employee agrees that any funds, including accrued vacation and sick leave balances, held for the employee by the City on the date of an employee's termination may be applied to satisfy the employee's liability for education reimbursement repayment under the agreement Any problems with this article may be addressed through the Labor Management Communications Article (Article 38) The City and the Union may agree to changes to the tuition reimbursement requirements that would enhance the program for bargaining unit members. The Union acknowledges that if the City and the Union are not successful in agreeing to the changes, it would not be subject to impact bargaining or any other form of redress Academic Achievement: Members who have upon hire or earn an Associate Degree in an approved subject area shall receive $250 annually. Payment shall be made the first pay of December for the previous fiscal year. Initial payment shall be prorated based on date approved Members who have upon hire or earn a Bachelor s Degree or higher in an approved subject area shall receive $375 annually. Payment shall be made the first pay of NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 32

206 December for the previous fiscal year. Initial payment shall be prorated based on date approved Incentive will be paid for highest degree only as long as the degree is not a requirement of the job Incentive will be paid for job related subject matter to be approved by the Department head Reimbursement: The educational reimbursement program is suspended until such time as City Council allocates funding for the program. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 33

207 ARTICLE 20 HEALTH INSURANCE BENEFITS 20.1 Bargaining unit members and eligible dependents, who have elected coverage, shall participate in the City s group health insurance as it exists now and as it may be changed from time to time on the basis as for general employees and retirees including, but not limited, to contribution rates The City and the Union will continue to participate in an Insurance Committee for the purpose of monitoring the financial integrity of the Insurance plan and to advise the City's Human Resources Director (or designee) as to the insurance needs of its unit members. One (1) representative of the Association shall be a member of the Committee. This Committee shall meet when necessary. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 34

208 ARTICLE 21 SICK LEAVE 21.1 Employees hired after ratification 2013 are eligible to earn sick leave at 8 hours per month. Employees hired after ratification 2013 may accrue up to the maximum of 500 hours. Employees hired prior to ratification 2013 are eligible to earn sick leave credits according to the following schedule: 0 10 years of service 8 hours per month 10+ years of service 10 hours per month Employees who have 15+ years of service prior to ratification 2013 will continue to earn 12 hours per month If an employee s accrual balance is below 500 hours at ratification of this contract, 500 hours shall be the new maximum accrual for the employee Employees hired prior to ratification 2013 may accrue up to the maximum accumulation of 500 hours. When an employee s accrual balance drops below 500 hours that shall be the new maximum for the employee Employees that are over the maximum accumulation of sick leave shall receive a monthly payout equivalent to the value of their monthly sick leave accrual in lieu of increasing their sick leave accrual. Sick leave may be taken during an illness of the employee or the serious illness of a member of his immediate family. All employees are required to notify their supervisor or designee one hour prior to their scheduled reporting time on each day of absence due to illness. Should an employee be absent due to illness and fail to comply with the rules and regulations covering sick leave, such employee may be subject to disciplinary action. Absences under sick leave conditions may be subject to investigation by the appropriate supervisor Sick leave will be charged only against an employee's regular workday and shall not be charged for absences on prearranged overtime work days, unscheduled call in, overtime work days or holidays unless the holiday is a regularly scheduled workday for said employees (sick leave may not be used/paid for hours over and above the regular 40 hour work week) Sick leave may be used by an employee when incapacitated and unable to perform his duties due to sickness or injury, or for doctor's appointments. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 35

209 21.4 All full-time regular employees may "trade back" up to eighty (80) hours annually (over a retained eighty hours credit) of unused earned sick leave. This leave may be "traded," at a rate of one hour for one hour, for additional vacation Payment upon separation: Employees who retire or resign in good standing or are separated in good standing shall receive pay for their accrued and unused sick leave as follows: 0-5 years 0% % % % 25 years or more 75% Employees terminated for cause, employees who resign during the pendency of an investigation by the City of their conduct or performance, employees who terminate during their original probationary period or employees who leave without notice shall be not eligible for payment of their accrued and unused sick leave For the purposes of calculation, new employees beginning work between the first and fifteenth of the month will begin to earn sick leave as of the first of the month. If employed after the fifteenth, an employee will begin earning leave on the next calendar month. Employees terminated before the sixteenth of a month will not be credited with leave for the month of termination. Employees terminating on the sixteenth or later will be credited with leave earned for the terminating month After completion of six (6) months of continued regular full time employment, newly hired employees shall be eligible to use sick leave as earned. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 36

210 ARTICLE 22 SAFETY AND HEALTH 22.1 The City will make every reasonable effort to provide and maintain safe working conditions. To this end the Association and the City will cooperate. A forty-eight (48) hour notice may be given when maintenance or cleaning is to be done in which hazardous or toxic chemicals may be used that would create an unsafe working environment or may be hazardous to the employee Department heads, with input from the Department Safety Coordinator and Risk Manager will determine the proper and necessary safety equipment and devices for employees engaged in work where such special equipment and devices must be used. Failure by employees to utilize provided equipment or devices will make them subject to disciplinary action Employees shall not be required to use or operate a vehicle, or piece of equipment for which the employee has not been adequately or properly trained. No employee shall remove from any vehicle or equipment any safety device which has been installed by the manufacturer or the City. Employees shall promptly report vehicle or equipment malfunctions to the employee's supervisor or department head as appropriate, to the extent that same interferes with the safe operation of the vehicle or equipment. The supervisor or department head shall investigate the report and thereafter take appropriate action The City may institute an annual physical examination program for bargaining unit employees during this contract period, which may include drug and/or controlled substance testing The City will provide coverage to members who are injured on the job or exposed to a communicable disease in accordance with Florida Statute Chapters and 440. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 37

211 ARTICLE 23 JOB CONNECTED DISABILITY 23.1 Any employee covered by this Agreement who sustains a temporary disability as a result of and arising out of employment by the City, shall receive wage replacement benefits payable under the Workers' Compensation Law of the State of Florida, beginning on the eighth (8th) day of disability Benefits will be paid for the first seven (7) calendar days only if the disability extends beyond 21 calendar days. If an employee is not out of work for 21 calendar days, days 1-7 of the disability may be taken as sick and/or annual leave if accumulated leave is available Sick leave, annual leave and seniority will continue to accumulate during the period of disability Any employee injured as a result of and arising out of employment by the City may be required by the City to be examined by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty If a doctor verifies that an employee can perform "light" duty, the City reserves the right to review the operational impact of maintaining that employee on "light" duty. Assignment to "light duty" shall be considered a temporary assignment, without reduction in pay and shall involve duties commensurate with medical and mental fitness, availability of suitable work, and his qualifications for the position. If an employee is determined to be able to perform "light duty," refusal of such assignment by the employee may result in the loss of position and/or of job-connected disability leave supplemental benefits No employee will be entitled to job-connected disability leave with the herein described benefits when the injury has been determined to have been intentionally self-inflicted or where the disability or illness continues as a result of the employee's failure to cooperate with the medical advice or corrective therapy. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 38

212 ARTICLE 24 DEATH OF AN EMPLOYEE 24.1 When a bargaining unit employee dies, all accrued leave and any other monetary benefits due the employee at the time of death, shall be paid to the employee's designated beneficiary. In the absence of a designated beneficiary, the benefits shall be paid pursuant to any order issued by a court of competent jurisdiction in the State of Florida or pursuant to statute where applicable. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 39

213 ARTICLE 25 HOLIDAYS 25.1 The following days shall be observed as holidays for all employees subject to this Agreement: New Year's Day Martin Luther King's Birthday Presidents Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day following Thanksgiving Day Christmas Day Employee's Birthday 25.2 Employee Birthday will accrue on January first and must be taken within the current calendar year The City Manager will determine which departments or operations will be closed in observance of the particular holiday and what day will be observed as the holiday. If the holiday, such as Christmas, falls on a Saturday, it shall be observed the following Monday, or on the preceding Friday at the option of the City Manager Probationary employees (new hires) are not eligible for holiday pay for the first thirty (30) calendar days of employment An employee who is required to work on a day observed as a paid holiday (except for their Birthday) shall receive pay for all hours actually worked on the holiday at the rate of time and one half (1 1/2) the employee's base hourly rate of pay. In addition, the employee will receive a full day of holiday pay A holiday is those hours an employee is normally scheduled to work on the day observed as a holiday. Example: 8 hour Employee = 8 hour Holiday 10 hour Employee = 10 hour Holiday 12 hour Employee = 12 hour Holiday The City agrees if the scheduled work hours for shift employees, on the weekly work schedule, is different than the employee's normally scheduled work hours, the employee will be entitled to holiday pay for the hours indicated and worked on the weekly schedule to a maximum of twelve hours The City agrees if an employee is mandated to work a holiday over and above their normally scheduled work hours, the employee will be entitled to holiday pay for all hours worked on the holiday. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 40

214 25.7 Employees who work shifts and are not normally scheduled to work the holiday shall receive the hours for their normally scheduled day in compensation for the holiday Shift employees shall observe the holidays listed in 25.1 (except for their Birthday) on the actual holiday Non-shift employees shall observe the holidays listed in 25.1 (except for their Birthday) in accordance with those observed by the City In the event that the Christmas, New Year, 4 th of July, or Veterans Day holiday is observed by the City on a day other than December 25 th, January 1st, July 4 th, or November 11 all employees who are required to work on the day of the Holiday, that day will be the employee s observed holiday and the employee will be paid at the rate of 1-1/2 the employee's base hourly rate plus holiday pay. The employee may not receive holiday pay for both the city observed holiday and the employee observed holiday. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 41

215 ARTICLE 26 BEREAVEMENT LEAVE 26.1 In the event of death of an employee's spouse or child, or step-child, the employee will be granted ten (10) working days Bereavement Leave. In the event of a death in the employee's immediate family, the employee will be granted three (3) working days if the funeral occurs in state and five (5) working days if the funeral occurs out of state Bargaining unit members shall be granted, upon approval of the Human Resources Department when proof of residency is submitted, bereavement leave in the event of the death of any person who is an actual member of the employee s household. Employees shall be granted three working days bereavement leave "Immediate Family" shall be defined as the employee's father, mother, domestic partner, step-children, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandparents, grandchild, son-in-law, daughter-in-law, step-father, step-mother, legal guardians and/or ward Should an employee require additional time other than provided for by 26.1, additional time may be requested from the department head and shall be charged to the employee's accrued annual leave, sick leave or compensatory leave The employee is required to present proof of loss in the form of an obituary notice or other proof approved by the Human Resources Director. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 42

216 27.1 ACCRUAL OF VACATION LEAVE: ARTICLE 27 VACATION LEAVE Vacation leave for new hire hired on or after ratification of this contract will be earned at a rate of eight (8) hours per month during the first ten (10) years of employment, and ten (10) hours per month for eleven (11) or more years of employment. Vacation leave for full-time regular employees hired prior to ratification of this contract will be earned in accordance with the following formula: Years of Employment Hours Per Month First through fifth (1-5) 8 Sixth through tenth (6-10) 10 Eleventh through fifteenth (11-15) 12 Sixteenth and over (16+) When there has been a break in service thirty (30) working days or more, upon reinstatement or re-employment the employee will begin earning vacation leave as a new employee For purposes of calculation, new employees beginning work between the first and fifteenth of the month will begin to earn vacation leave as of the first of the month. If beginning work after the fifteenth, the employee will begin earning leave on the first of the next calendar month. Employees terminated before the sixteenth of a month will not be credited with leave for the month of termination. Those employees terminating on the sixteenth or later will be credited with leave earned for the terminating month The maximum amount of vacation accrual is 240 hours. Employees that are over the maximum accumulation of vacation leave shall receive a monthly payout equivalent to the value of their monthly vacation leave accrual in lieu of increasing their vacation leave accrual USE OF VACATION LEAVE: After completion of six (6) months of service, the City of Palm Bay employee shall be eligible to use such leave as earned, subject to approval of the Department Head. Vacation leave may be granted for the following purposes: Vacation Absence for transaction of personal business. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 43

217 For uncovered portion of sick leave when such leave has been exhausted through illness Any absences from work not covered by another type of leave provision established by the City Council Employees shall be allowed to sell up to forty (40) hours of vacation time at the current hourly rate once each calendar year of the contract provided that the employee has used 80 hours of vacation during the calendar year HOLIDAYS OR ILLNESS DURING VACATION: Holidays occurring while an employee is on vacation leave will not be charged against his vacation leave balance. Illness on vacation may be charged to sick leave. An employee making such claim should be prepared to verify such illness SCHEDULING VACATION LEAVE: All vacation leave must be approved in advance by the department head or designee. The department head or designee shall make provisions annually for vacation leave of employees at such time as will least interfere with the efficient operation of the department An employee who requests vacation leave up to ninety (90) calendar days in advance shall be approved or denied within fourteen (14) calendar days from the date of receipt of the request by the department head or designee Employees will be given preference in the scheduling of vacations based upon City wide seniority. All pre-approved vacations are not subject to bumping, unless agreed to by all parties VACATION LEAVE PAY UPON TERMINATION: Employees who resign shall receive pay for their accrued and unused vacation leave Vacation leave pay will be computed upon the employee's current base rate of pay at time of separation RESTRICTIONS: Vacation leave, as a recognized benefit extended by the City to its employees, will be subject to the following restrictions: The minimum charge for vacation leave shall be in 15 minute units Vacation leave may not be taken until earned. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 44

218 Vacation leave shall not be earned by an employee during a leave of absence without pay, a suspension, or when the employee is otherwise in a no pay status Vacation leave pay shall not exceed 240 hours All newly hired probationary employees will be eligible to use their accrued vacation leave after completing six (6) months of their twelve (12) months probationary period. However, leave time will begin to accrue upon date of hire Employees who have not completed six (6) months of the twelve (12) months probationary period will not be eligible to receive vacation leave pay. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 45

219 ARTICLE 28 MILITARY LEAVE 28.1 Employees who are members of the reserve components of the Armed Forces of the United States, or of the Florida National Guard, shall be entitled to a leave of absence from their respective duties without loss of pay for such times as they are in military service for field training, in accordance with Uniformed Service Employment and Reemployment Rights Act of 1994 and/or Florida Statute When requesting military leave, the employee will submit a copy of his orders from the appropriate military commander through appropriate department channels Employees called, recalled or drafted to active duty shall retain whatever job rights may be provided for by federal law or state law. An employee returning to work after such military service will be credited with seniority accrued prior to and during such military service. However, the employee will not accrue any additional vacation or sick leave benefits during the leave. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 46

220 ARTICLE 29 WORK SCHEDULING, WORK PERIOD, OVERTIME & COMP TIME 29.1 The standard work week shall consist of forty (40) hours in a seven (7) day cycle. Seven day cycle is Saturday through Friday The Department Head shall determine starting work hours using the following guidelines Commencement of the work day for employees working an eight (8) hour shift is: first shift shall be between 6:00 a.m. and 10:00 a.m.; second shift shall be between 3:00 p.m. and 6:00 p.m.; third shift shall be between 11:00 p.m. and 2:00 a.m Commencement of the work day for employees working a ten (10) hour shift is: day shift shall be between 6:00 a.m. and 9:00 a.m. evening shift shall be between 4:30 p.m. and 7:30 pm Due to the type of work required in the Parks and Recreation Department, bargaining unit members work a flexible schedule. The starting times will vary from the start times in and The schedule for each employee is posted two (2) weeks in advance on every other Friday Due to the type of work required in the Police Department, bargaining unit members work a flexible schedule. The starting times may vary from the start times in and Any change in the above starting times including shifts on a new work day may be amended by a Letter of Understanding Employees shall receive overtime pay or compensatory time at the rate of one and onehalf times their regular rate for all hours actually worked in excess of forty (40) hours in a work week at the employee s sole discretion. Compensatory time shall be taken upon written request approved by the City. The maximum accrual of comp time shall not exceed 40 hours. Employees whose compensatory balance is greater than 40 hours, the excess time will remain in accrual until used. Compensatory time shall be approved under the same conditions as vacation time and the use of compensatory time may be denied because of lack of manning. An employee who has accrued the maximum number of compensatory hours shall be paid overtime compensation for any additional overtime hours of work. Sick leave, holidays, and regularly scheduled training time, will be considered as hours worked for overtime purposes Upon ratification of this contract, vacation leave, compensatory time, and miscellaneous bank time scheduled prior to overtime being earned will be considered as hours worked. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 47

221 29.3 Payment for accrued compensatory time upon termination of employment shall be calculated at the current base rate of pay There is no time limit for usage of compensatory time All employees shall be entitled to an unpaid meal period of one-half hour's duration Each employee shall be allowed a fifteen (15) minute break during the first half of his work day and a fifteen (15) minute break during the second half of the work day. If so desired, these two fifteen (15) minute breaks can be combined with the meal period at the discretion of the employee's supervisor Under ordinary circumstances, no employee shall be required to work a split shift. Except under exigent circumstances, when an employee is assigned to a different shift schedule as a result of a shift rotation or assignment to a different unit, the employee shall be entitled to at least eight hours off duty before being required to resume work Operation requirements permitting, the City agrees to give employees twenty-one (21) working days notice of work and shift changes, except under emergency situations The City will distribute overtime work among the regular employees as equally as practicable, giving consideration to job classifications No employee may authorize overtime for himself, but shall be entitled to receive overtime when authorized by his supervisor Telecommunicator s work day shall not exceed sixteen (16) consecutive hours per day and no more than two (2) consecutive sixteen (16) hour work days. Overtime worked on the Telecommunicator s scheduled day off shall be limited to no more than a ten (10) hour day. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 48

222 ARTICLE 30 SHIFT DIFFERENTIAL 30.1 Shift Pay: If a shift starts between the hours of 6:00 a.m. and 10:00 a.m. no shift differential will be paid. (First shift) If an employee's shift includes more than 4 hours (on an 8-hour shift) or 5-hours (on a 10-hour shift) worked after 3:00 p.m., said employee will be paid $..75 per hour shift differential pay for the entire 8 or 10 hour shift. (Second shift) If an employee's shift includes more than 4 hours (on an 8-hour shift) or 5-hours (on a 10-hour shift) worked after 11:00 p.m., said employee will be paid $.1.00 per hour shift differential pay for entire 8 or 10 hour shift. (Third shift) Shift differential will not be paid for overtime. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 49

223 ARTICLE 31 CALL BACK PAY 31.1 An employee who is called to work while in off duty status shall receive a minimum of two (2) hours pay or pay for all hours actually worked after call back, whichever is greater. For the purpose of this article, actual time of travel to the duty station, not to exceed one (1) hour, shall be considered as hours worked. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 50

224 ARTICLE 32 RESERVED FOR FUTURE USE NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 51

225 ARTICLE 33 ACTING PAY AND SPECIAL DUTY COMPENSATION 33.1 When an employee is qualified for and is temporarily assigned the authority, duties, and responsibilities of a position allocated to a higher classification (not for training), the employee shall receive an increase in salary to the minimum of the class temporarily assigned or 5% over the employees current base pay, whichever is greater per hour for every actual hour worked that is equal to or greater than forty (40) consecutive hours in the higher classification. (Not applicable in section 33.2, 33.3) 33.2 A bargaining unit member who is qualified for and is officially assigned to perform the duties, responsibilities and authority of a Telecommunications Shift Supervisor will receive one dollar ($1.00) per hour over their current hourly rate, for actual hours worked (except for training). (NOTE: The 45 day rule and /or minimum of the higher classification contained in sec does not apply to this section.) 33.3 The City agrees to pay designated trainers an additional $ per month (pro-rated) for each month of assigned training duty in these special assignments. To receive this special pay, trainers must be designated by the Department Head and must train and complete daily written evaluations on employees being trained Supplemental pay provided under Section 33.3 shall be paid in the second pay check of each month Employees shall receive two (2) hours of straight-time pay for each day they are required to be on call/stand-by/or required to be available by phone or radio after normal work hours. Employees shall receive four (4) hours of straight-time pay for all weekends and holidays. Employees so compensated shall not receive additional call-back pay. The two hours earned under this article shall not count toward overtime accrual. "On Call" shall be defined as the period of time an employee must remain within a 30 minute distance of the City of Palm Bay, be ready for recall to duty, and continually be available by, telephone or radio. Employees will be selected to be on call from a voluntary sign-up sheet. If an insufficient number of employees volunteer for on call, management shall have the right to require the least senior qualified employee in that classification to be on call. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 52

226 ARTICLE 34 WAGES 34.1 The City and NAGE White recognize the importance and mutual benefit of a continuing long term career wage system for bargaining unit employees. No Cost of Living adjustment or step increase shall be given and there shall be no continued right to increases during or after negotiations upon expiration of this agreement Effective October 1, 2016, those employees covered by this Agreement will have their base salary increased by a factor of two percent (2%) Effective April 1, 2017, those employees covered by this Agreement hired prior to October 1, 2008 shall have their base salary increased by a factor of one percent (1%). Effective October 1, 2017, those employees covered by this Agreement will have their base salary increased by a factor of two percent (2%) Effective April 1, 2018, those employees covered by this Agreement hired prior to October 1, 2009 shall have their base salary increased by a factor of one percent (1%). Effective October 1, 2018, those employees covered by this Agreement will have their base salary increased by a factor of two percent (2%) After the term of this Agreement, Cost of Living Adjustment will resume only by mutual agreement. The hourly wages for NAGE White bargaining unit members covered by this agreement shall be as follows: GRADE MIN RATE MAX RATE Yearly Hourly Yearly Hourly 1A $21, $32,864 $ A $22,378 $10.76 $33,849 $ A $23,049 $11.08 $34,864 $ A $23,741 $11.41 $35,910 $ A $24,453 $11.76 $36,987 $ A $25,187 $12.11 $38,097 $ A $25,942 $12.47 $39,240 $18.87 A $26,721 $12.85 $40,417 $19.43 B $27,522 $13.23 $41,629 $20.01 C $28,348 $13.63 $42,878 $20.61 D $29,198 $14.04 $44,165 $21.23 NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 53

227 E $30,075 $14.46 $45,491 $21.87 F $30,977 $14.89 $46,854 $22.53 G $31,906 $15.34 $48,260 $23.20 H $32,864 $15.80 $49,707 $23.90 I $33,849 $16.27 $51,200 $24.62 J $34,864 $16.76 $52,736 $25.35 K $35,910 $17.26 $54,317 $26.11 L $36,987 $17.78 $55,948 $26.90 M $38,097 $18.32 $57,624 $27.70 N $39,240 $18.87 $59,355 $28.54 O $40,417 $19.43 $61,134 $29.39 P $41,629 $20.01 $62,969 $30.27 Q $42,878 $20.61 $64,858 $31.18 R $44,165 $21.23 $66,803 $32.12 S $45,491 $21.87 $68,807 $33.08 T $46,854 $22.53 $70,872 $34.07 U $48,260 $23.20 $72,997 $35.09 V $49,707 $23.90 $75,189 $36.15 W $51,200 $24.62 $77,444 $37.23 X $52,736 $25.35 $79,768 $38.35 Y $54,317 $26.11 $82,160 $39.50 Z $55,948 $26.90 $84,625 $ Employees covered by this Agreement who have completed 10 years of continuous service shall be entitled to annual longevity payments in accordance with the following schedule: Upon completion of: Payments 10 to 14 years of service $ to 19 years of service $1, or more years of service $1, Said longevity payment shall be payable on the employee s anniversary date It is specifically agreed and understood by the parties that the above longevity payment will be suspended and shall not be paid or accrued during the term of this collective bargaining agreement After the term of this Agreement, longevity payments will resume only by mutual agreement. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 54

228 34.3 A 3% step increase shall occur on the employee s anniversary date, providing the employee achieves a satisfactory or higher rating on his performance evaluation It is specifically agreed and understood by the parties that the above step increase will be suspended and shall not be paid or accrued during the term of this collective bargaining agreement After the term of this Agreement, step increase will resume only by mutual agreement Each employee's anniversary date, for payroll purposes, shall be twelve months, to the date, following an original appointment, a reinstatement appointment, or a promotion/demotion appointment When an employee is promoted to a higher classification, the employee's anniversary date shall be changed to reflect the date of the appointment; When an employee is demoted, for cause, the employee's anniversary date shall be changed to reflect the date of the effective date of the demotion When an employee is demoted or reclassified to a lower classification, without cause, all previously served time shall be counted towards the anniversary date. Demotions without cause shall include voluntary demotions, demotions prior to attaining regular status as a result of a promotion, reduction in force, or reclassification of a position to a lower classification When an employee is absent without pay for thirty (30) consecutive calendar days, except for job related injuries, the anniversary date shall be changed by deducting all days in excess of thirty days. (See Section 15.7) 34.5 Progression through the pay grade of the pay plan It is specifically agreed and understood by the parties that progression through the pay plan as outlined below will be suspended and shall not be paid or accrued during the term of this collective bargaining agreement After the term of this Agreement, progression through the pay plan as outlined below will resume only by mutual agreement Satisfactory (Meets Expectations) Job Performance: When an employee receives a satisfactory (meets expectations) job performance, upon the employee's anniversary date, the employee shall be advanced to the next step in the salary plan for the classification to which the position is allotted, unless the pay is the maximum for the salary range, in which case there will be no increase. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 55

229 Unsatisfactory (Below Expectations) Job Performance: If the employee's overall job performance, is rated at less than satisfactory (below expectations) during the time period involved, step movement may be delayed until the employee is rated as satisfactory (meets expectations) or above Employees who have had their pay increase delayed shall be re-evaluated at least quarterly in the areas where needs for improvement have been noted. During the re-evaluation period, the employee's immediate supervisor shall conduct periodic verbal reviews with the employee at least once per month. At the completion of a quarterly re-evaluation period, the supervisor shall conduct another written performance evaluation. Once the performance evaluation is rated as satisfactory (meets expectation) or better, the employee shall be advanced 2.25% of base pay in the salary range for the classification to which the position is allotted, unless the pay was the maximum for the salary range, in which case there will be no increase. The effective date of the advancement shall be the date of the satisfactory job performance evaluation. The anniversary date shall not change because of later date of advancement Employees who receive two consecutive quarterly re-evaluations with a rating of unsatisfactory (below expectations) may be subject to termination Employees who have had their advancement delayed shall be notified in writing, by the department head, not later than seven (7) working days following the original anniversary date. If the employee feels the rating given was not justified, the employee may within ten (10) working days, appeal directly to a performance evaluation Peer Review Panel. The Peer Review Panel will consist of three city employees, including one chosen by the requesting employee, one chosen by the City and third chosen by the first two appointees. The peer review panel shall meet within 30 calendar days of receipt of the appeal and shall hear the appeal by taking evidence by all parties concerned and shall have the authority to upgrade the evaluation and allow the step advancement or deny the appeal. The decision of the Peer Review Panel is final and no further appeal (grievance, binding arbitration, etc.) is allowed. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 56

230 ARTICLE 35 SEVERABILITY CLAUSE 35.1 Should any part of this Agreement be rendered or declared illegal or unenforceable by a court of competent jurisdiction, such invalidation of such part of this Agreement will not invalidate the remaining portions thereof; and in the event of such occurrence, the parties agree to meet immediately and to negotiate substitute provisions for such parts or portions rendered or declared illegal or invalid. If no solution is reached, the matter shall be resolved in accordance with Chapter 447, State Statute. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 57

231 ARTICLE 36 DURATION OF AGREEMENT 36.1 Both parties agree that upon ratification of this contract, this Agreement shall remain in effect through September 30, In the event that on September 30, 2019 both parties are unable to reach a new collective bargaining agreement, this Agreement will remain in effect until a new agreement is ratified by both parties. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 58

232 ARTICLE 37 ENTIRE AGREEMENT OF THE PARTIES 37.1 The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all understandings and agreements arrived at by the parties after the exercise of the right and opportunity are set forth in this Agreement The parties agree that, upon the exercise of a management prerogative that requires impact bargaining, and in the absence of exigent circumstances or a waiver of bargaining, upon request of the Association, both parties will negotiate the impact. If the parties are unable to agree, the change will not be implemented until the City has met the minimum requirements for impact bargaining then in existence under the Public Employees Relations Act. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 59

233 ARTICLE 38 LABOR MANAGEMENT COMMUNICATIONS 38.1 The City agrees that periodic meetings, mutually agreed upon, between Association representatives, the employee s supervisor or department head, and representative(s) of the City s Human Resources Department will be held to discuss problems and objectives of mutual concern involving the implementation and administration of this Agreement. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 60

234 ARTICLE 39 PUBLICATION OF AGREEMENT 39.1 The City will provide one disk and electronic copies to the Association and will place this Agreement on the City s intranet for access to all Association members. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 61

235 ARTICLE 40 DRUG FREE WORKPLACE 40.1 PURPOSE: To make every reasonable effort to provide a safe workplace for the City of Palm Bay s Employees POLICY It is the City's policy that employees present themselves for duty, free of the influence of illegal drugs or other intoxicants. The use of illegal drugs and the abuse of alcohol by City employees constitutes a danger to the employee, fellow employees, and the general public. The use, sale, or possession of an illegal drug or alcohol in the workplace may negatively affect the City's efficiency in providing service to its citizens and can have an adverse impact on how the public perceives the City and its employees The use, consumption, possession, distribution, manufacture, or being under the influence of illegal drugs or alcohol by employees while performing job duties for the City is specifically prohibited Employees are prohibited from possessing, using, distributing or being under the influence of alcohol while on the job or on City property. City property includes such areas as parking lots, vehicles, break rooms and locker rooms The use, consumption, possession, distribution or sale of illegal drugs, whether on or off duty, is prohibited as it may affect on-thejob performance and the confidence of the public in the City's ability to provide services and meet its obligations If an employee has knowledge of the use and/or presence of alcohol or illegal drugs in the workplace, he/she should immediately report this information to his/her supervisor or to the Human Resources Department. Reports, complaints and investigations will be kept confidential to the extent permitted by law All applicants selected for hire and returning employees will be subject to a mandatory test to detect the presence of illegal drugs DEFINITIONS: Drug Test or test means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites Initial drug test means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. All initial NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 62

236 tests shall use an immunoassay procedure or an equivalent, or shall use a more accurate scientifically accepted method approved by the Agency for Health Care Administration as such more accurate technology becomes available in a cost-effective form Confirmation test, confirmed test, or confirmed drug test means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific principle from that of the initial test procedure. This confirmation method must be capable of providing requisite specificity, sensitivity, and quantitative accuracy "Illegal drug" means any narcotic, barbiturate, marijuana, central nervous system stimulant, hallucinogen, cocaine or any controlled substance as defined by Section , Florida Statutes, as amended from time to time, not possessed or used in accordance with a lawful prescription Specimen means a tissue, hair, or product of the human body capable of revealing the presence of drugs or their metabolites Adulterated or tampered specimen means a specimen reflecting the presence of a foreign substance, reflecting clinical signs or characteristics not associated with a normal specimen, or if an endogenous substance is present at a concentration greater than the normal physiological concentration. An adulterated or tampered with test, or a test that is unable to be tested due to tampering or adulterants will be considered as a refusal to submit to the test and the employee will be subject to disciplinary action, up to and including dismissal The City Manager, or designee, may require an employee to submit to drug and/or alcohol testing as required by the Federal Highway Administration (FHWA) Controlled Substances & Alcohol Use & Testing Program, 49 CFR 382 et seq. This federal regulation also known as CDL Testing requires testing for alcohol as well as for controlled substances. Drug and alcohol threshold levels and procedures for CDL testing shall be as specified in 49 CFR 382, et seq. The City Manager, or designee, may also require an employee to submit to testing when the City Manager, department head, or the employee's immediate supervisor has a reasonable suspicion to believe that the employee has possessed, used, distributed or been under the influence of illegal drugs or alcohol in violation of this policy. A reasonable or founded suspicion is an opinion which is based on specific and articulable facts and reasonable inferences drawn from those facts in light of experience. A supervisor may suspect that an employee is using or under the influence of illegal drugs or alcohol by observing symptoms or behavior, including but not limited to: NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 63

237 Excessive absenteeism or chronic lateness. Drowsiness or sleepiness. Alcohol on breath. Slurred or incoherent speech. Unusually aggressive behavior. Unexplained change in mood. Lack of manual dexterity or coordination. Unexplained work related accident or injury. Arrest for drug or alcohol related crime. Vehicle accident with death or injury to employee or another. Any DOT related incident resulting in injury or property damage (for drivers with CDL licenses, under DOT guidelines). Suffered a worker s compensation injury (City is designated a Drug Free Workplace under the city s worker s compensation program). The decision to require the employee to submit to testing in the case of suspected alcohol abuse, or in the case of suspected drug abuse, will require the approval of the City Manager, or designee, upon recommendation of the department head for employees below department head level, prior to any test taking place. The cost of such test shall be the City's responsibility. Employees who are using a lawfully prescribed drug are encouraged to notify their department head and/or the Human Resources Department in advance of taking a drug test. The Police Department will be notified if illegal drugs are found or involved. The City, in coordination with law enforcement officers, reserves the right to search City property and facilities All test samples will be collected at a designated facility as arranged through the Human Resources Department. Chain of custody procedures, security procedures, and specimen collection (access to authorized personnel only, privacy, and integrity and identity of specimen) at the designated facility shall be in accordance with Chapter 59A , Florida Administrative Code as amended or renumbered from time to time Employees who are required to submit to a test for the presence of alcohol or illegal drugs shall sign an authorization releasing all test results and records to the City. Any employee who refuses to sign such authorization, or who refuses to submit to alcohol or drug testing in accordance with this policy, shall be subject to disciplinary action, up to and including discharge While awaiting the results of the test, the employee will be removed from active duty and may be placed on annual leave, sick leave, or leave without pay. If test results are negative leave time will be reimbursed to the employee. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 64

238 In testing for the presence of alcohol, testing that provides quantitative results showing the amount of alcohol present in the blood will be utilized. The threshold level for a determination that an employee is under the influence of alcohol shall be in accordance with the appropriate Florida State Statute In testing for the presence of illegal drugs, the following procedures shall be followed: The employee shall be required to provide two specimens at the time of collection The first of the samples shall be submitted for the initial drug test. The City shall comply with the initial drug testing parameters set forth in Chapter 59A (4)(e) 1. and 2 Florida Administrative Code, as may be amended or renumbered from time to time. If the results of this test are negative, no further testing will be conducted, unless the city determines the confirmation test is necessary If the results of the initial test are positive, the sample will be submitted for the confirmation test to verify the initial test results. The City shall comply with the confirmation drug testing parameters set forth in Chapter 59A (f)(f) 1. and 2., Florida Administrative Code, as may be amended or renumbered from time to time If the results of the second test are positive, the City shall notify the employee of the results. At that time, the employee may elect to have the second sample subjected to testing. If the tests on the second sample are positive, or if the employee does not request testing of the second sample, the City may take corrective and/or rehabilitative action as provided below, including disciplinary action where appropriate Any employee found to have possessed, used, or been under the influence of illegal drugs or alcohol while on duty shall be subject to discipline, up to and including discharged Any employee who is convicted of a crime involving substance abuse is required to notify the City s Human Resources Department no later than five days after such conviction. Employees who are convicted of a crime involving substance abuse will be subject to disciplinary action, up to and including discharge VOLUNTARY ASSISTANCE PROGRAM. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 65

239 Employees who voluntarily seek help (step forward prior to taking a test for alcohol or substance abuse) for their alcohol or substance abuse problem, will be given whatever assistance possible in being placed in an alcohol/substance abuse program, through the EAP program, or program approved by the City and Association until released by the program for return to work. While in the program, the employee may use his sick leave, vacation, compensatory time, or leave without pay, if necessary to take time off to attend the program. The employee will be allowed to return to work when approved by the EAP approved counselor or other authorized program. Participation in such a program shall not be the basis for disciplinary action, or grounds for testing. The only exception would be testing pursuant to the requirements of the alcohol/substance abuse program or other authorized rehabilitation program Nothing in this Article shall prevent the City from disciplining an employee for acts that, without regard to whether an employee was using drugs or alcohol, would merit discipline REHABILITATION The City may refer an employee who has tested positive for the presence of alcohol or illegal drugs to the City s Employee Assistance Program (EAP). An employee shall be required, as a condition of continued employment, to complete any course of rehabilitation or treatment. The cost of such rehabilitation or treatment shall be the employee s responsibility. While in the program the employee will be allowed to return to work, if the authorized program or EAP administrator and the City Manager approves; if not, the employee may be placed on sick leave, vacation, compensatory time, or leave without pay until approved to return to work. This paragraph shall not be construed to limit the City s right to take appropriate action when an employee tests positive for the presence of alcohol or illegal drugs If the employee does not complete the approved treatment program/plan, or refuses to enter the rehabilitation program, he may be disciplined up to and including discharge. If the employee successfully completes the approved treatment program/plan as determined by the authorized program or EAP administrator, the employee will be permitted to return to work An employee who successfully completes a course of treatment or rehabilitation will be subject to unannounced testing for alcohol or drugs for a period of one year following completion of the treatment/rehabilitation program. A test result indicating the presence of alcohol or illegal drugs, or an adulterated or tampered specimen, during this period will result in the employee s discharge from City employment. One rehabilitation only will be permitted In the event this Article is interpreted as being insufficient to afford the City a reduction in its worker s compensation rates under Florida Statutes, the parties shall meet to renegotiate this Article. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 66

240 ARTICLE 41 VACANCIES, TRANSFERS & PROMOTIONS 41.1 When the City decides to fill a vacancy in a recognized bargaining unit position, the City will follow the procedure set forth below. For purposes of this Article, a vacancy includes the creation of recognized new positions in the bargaining unit and/or the replacement of a previous incumbent as a result of a termination, promotion or demotion All vacancies and positions covered by this Agreement unless posted in accordance with, shall be posted for a period of five (5) working days on the city s internet before the City acts to fill such vacancies. If an employee is on vacation during the entire posting, and said position has not been offered, then the employee may submit a bid to Human Resources within three (3) working days after their return When a vacancy becomes available, the City may choose to select an applicant(s) from same eligible pool of applicants within 6 months from the last posting closing date, within that Department Employees who desire to be considered for appointment to any such vacancy must submit their application to the Human Resources Department. The City has the right to post vacant position(s) both internally and externally to the outside. The City further, has the right to determine which applicant is best qualified and may appoint the applicant who possesses the greater skill and ability, including but not limited to, reliability and demonstrated performance, based upon a written exam performance exam, and/or an interview and past employment record (if applicable). If two applicants are determined to be equal in skill and ability as determined by the City, the applicant with the greatest seniority in the bargaining unit may be offered the position, or be given to a full time employee over a part-time employee, subject to the federal provision of Veteran's Preference. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 67

241 ARTICLE 42 PREVAILING RIGHTS 42.1 Wages, hours, benefits, and conditions of employment in effect on the effective date of this agreement shall, except as modified herein, be maintained during the term of this agreement. NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 68

242 GLOSSARY ACCRUAL shall mean that an employee accrues seniority during all periods of approved leave with pay, which do not exceed thirty (30) consecutive calendar days in duration. ANNIVERSARY DATE BUMPING the conditions under which an employee laid off from one seniority pool may move to another seniority pool by displacing the least senior employee in another seniority pool. GRIEVANCE is a dispute concerning the interpretation or application of the terms of this Agreement. ILLEGAL DRUGS means any narcotic, barbiturate, marijuana, central nervous system stimulant, hallucinogen, cocaine or any controlled substance as defined by Section , Florida Statutes, as amended or renumbered from time to time, not possessed or used in accordance with a lawful prescription. SENIORITY shall mean an employee's length of continuous service with the City, within the bargaining unit, measured from the employees most recent date of hire. BREAKS IN SERVICE shall mean resignation/termination from City employment for thirty (30) days or more. DOMESTIC PARTNER is a person who is no less than 18 years of age; has resided with you for no less than one year; is not related to you; is financially interdependent with you, shares your common necessities of life, is jointly responsible for your common welfare and shared financial obligations, and has proven such interdependence by documentation (i.e. joint mortgage/dead, beneficiary, durable property or health care power of attorney). NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 69

243 SIGNATURE PAGE IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVE ON THIS DAY OF, FOR THE CITY: FOR THE UNION: Gregg Lynk City Manager Robert Frey N.A.G.E. Local R Approved as to the legal sufficiency: Andrew Lannon City Attorney THIS AGREEMENT HAS BEEN RATIFIED BY THE CITY COUNCIL OF THE CITY OF PALM BAY, FLORIDA, ON THIS DAY OF, William Capote Mayor ATTEST: Terese Jones City Clerk Date NAGE White Oct. 1, 2016 Sept. 30, 2019 Page 70

244 LEGISLATIVE MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Council Gregg Lynk, City Manager DATE: December 1, 2016 RE: State and Federal Legislative Priorities The City of Palm Bay is focused on projects that will increase the economic viability of the community. By investing in improvements to transportation, utility and economic development projects, Palm Bay is positioning itself to attract businesses and jobs. The Florida Legislature will begin the 2016 session on January 12, Because the Legislature is in session earlier than past years, it is recommended that the City Council adopt legislative priorities prior to August 1, This will also allow for the City s legislative priorities to be included in the League of Cities legislative agenda. Additional topics that may be considered by Council as deemed necessary. The following list reflects the preliminary State and Federal legislative priorities, which have been updated from the priorities of last year. Advocate for continued support of the South Parkway Interchange, and Parkway NW including the portion south of Malabar Road that will connect to Babcock Street. Water Quality and Quantity - financial resources for projects resulting in the protection of the Indian River Lagoon and other water resources. Utility development project(s) - potential projects that further economic development objectives such as those in the vicinity of the South Parkway Interchange, Parkway NW and other strategic areas. An interdepartmental staff team is currently considering potential projects (both water/sewer utility as well as stormwater utility) that may be submitted for funding through the State Revolving Loan Fund. Continued support for funding in the Florida Department of Transportation - tentative work program for the project development and environment (PD & E) studies for widening Malabar Road west of Minton Road and Babcock Street south of Malabar Road. These would be federally- funded projects in the State's work program, as neither of these roadways is eligible for State transportation funds.

245 Mayor and Council: State and Federal Legislative Priorities December 1, 2016 Page 2 Awareness of Bayfront Community Redevelopment Agency plans and potential projects including multi-use project along US 1 with Indian River Lagoon access. Support for legislation and incentives that strengthen business relocation and expansion. Continued support of public-private partnerships (P3) legislation. Park and trail development project(s) - potentially projects that further economic development and tourist development objectives and/or development of community center(s). Oppose Unfunded Mandates, which are state or federal directives that compel local governments to provide services, programs, or benefits without providing the necessary funding to do so. These mandates limit the ability of City elected officials to make fiscal and public policy decisions for our citizens. REQUESTING DEPARTMENTS: Economic Development & External Affairs, City Manager s Office FISCAL IMPACT: There is no direct fiscal impact; however, the advocacy efforts will focus on projects and programs that would benefit City residents and businesses. RECOMMENDATION: Motion to authorize staff and the City's State and Federal consultants to pursue the City's legislative agenda. Attachment: 1) 2017 Florida Legislature Session Dates AA/ab

246 Important Florida Legislative Session Dates Interim Committee Meetings for the 2017 Regular Session Monday, December 5th - Friday, December 9th (House of Representatives) Monday, December 12th - Friday, December, 16th (Senate) Monday, January 9th - Friday, January 13th Monday, January 23rd - Friday, January 27th Monday, February 6th - Friday, February 10th Monday, February 13th - Friday, February 17th Monday, February 20th - Friday, February 24th August 1, 2016 Deadline for filing claim bills (Senate Rule 4.81(2)) August 30, 2016 Primary Election ( , Fla. Stat. (2016)) November 8, 2016 General Election (Art. VI, 5(a), Fla. Const.) November 22, 2016 Organization Session (Art. III, 3(a), Fla. Const.) January 27, 2017 Friday, 5:00 p.m., deadline for submitting requests for drafts of general bills and joint resolutions, including requests for companion bills (Senate) March 3, 2017 Friday, 5:00 p.m., deadline for approving final drafts of general bills and joint resolutions, including companion bills (Senate) March 7, 2017 Regular Session convenes (Art. III, 3(b), Fla. Const.) 12:00 noon, deadline for filing bills for introduction (Senate Rule 3.7(1)) April 22, 2017 All bills are immediately certified (Senate Rule 6.8 and House Rule 11.7(i)). Motion to reconsider made and considered the same day (Senate Rule 6.4(4)) April 25, th day - last day for regularly scheduled committee meetings (Senate Rule 2.9(2)) April 30, th Day - no House bills on second reading may be taken up and considered by the House (House Rule 10.18) May 3, th Day the House may consider only: (a) Returning messages, (b) Conference reports, and (c) Concurrent resolutions (House Rule 10.19)

247 May 5, th day - last day of Regular Session (Art. III, 3(d), Fla. Const.)

248 MEMO TO: FROM: DATE: SUBJECT: Honorable Mayor and Members Terese M. Jones, City Clerk December 1, 2016 Appointment of Councilmembers to Various Organizations/Agencies Each year the City Council is presented with the organizations and agencies on which the City has representation. Councilmembers need to be reaffirmed or appointed to the following: AGENCY 1) Brevard Water Supply Board 2) Space Coast League of Cities 3) Space Coast Transportation Planning Organization 4) Tourist Development Council 5) Palm Bay Hospital Advisory Council 6) School Impact Fee Advisory Committee 7) Economic Development Commission of Florida's Space Coast REPRESENTATIVE Tres Holton William Capote, Delegate Harry Santiago, Alternate Jeff Bailey Harry Santiago, Jr. Tres Holton Michele Paccione, Alternate William Capote, Alternate William Capote Tres Holton, Alternate Tres Holton William Capote, Alternate Michele Paccione William Capote Jeff Bailey, Alternate 8) Economic Development Commission of William Capote Florida's Space Coast - Executive Committee (Member receives confidential information and participates in discussions regarding potential companies contemplating expansion or locating in Brevard County).