🏛️ Palm Bay City Council Recap: Chickens Debate Removed, Recycling Facility & ICE Pact Approved
Key decisions on funding, land use, and interagency agreements from the April 3rd meeting. 📅
Palm Bay, FL - The Palm Bay City Council convened on Thursday, April 3, 2025, for a meeting marked by significant decisions on funding, land use, and interagency cooperation, but also by early procedural debate over the removal of a controversial discussion item regarding backyard chickens.
Procedural Debate Flares During Agenda Setting
The meeting began with a notable procedural move during Agenda Revisions. Deputy Mayor Mike Jaffe initiated, and Mayor Rob Medina seconded, a motion to remove New Business Item #4 – a discussion sponsored by Councilman Chandler Langevin regarding a potential amendment to increase the number of backyard chickens permitted on residential lots.
Arguments for Removal: Deputy Mayor Jaffe argued the topic had been discussed "ad infinitum" in past council sessions and, being only a discussion item requiring further review, would consume time without immediate action. Mayor Medina echoed this, recalling that four chickens felt like a previously settled "sweet spot" and expressing reluctance to reopen the debate.
Arguments Against Removal: Councilman Langevin strongly opposed the removal, stressing the item stemmed from numerous constituent requests, not personal interest. He argued for the council's duty to hear items brought forward, allow public comment from residents present, and follow the process through to a vote, even if that vote was ultimately 'no'. Councilman Mike Hammer also stated he wished to have the discussion.
Outcome: The motion to remove the item carried 3-2, with Jaffe, Mayor Medina, and Councilman Kenny Johnson voting in favor, and Langevin and Hammer opposing.
Lingering Issue: Despite its removal from the formal agenda, the chicken limit was later addressed by residents during Public Comments, and Councilman Langevin expressed his frustration during Council Reports, stating he felt the removal of a duly elected member's agenda item was disrespectful to the process and the constituents who raised the concern.
Other agenda revisions included adding a Planning and Zoning Board recommendation for case CU25-00001 and withdrawing a separate item requested by the State of Florida.
Recognitions and Proclamations 🎉
The Council recognized several community members and initiatives:
Mayor's Business Spotlight: Jamrock Grill (160 Malabar Rd, Suite 117) was celebrated for its contribution to the local economy, job creation, and cultural diversity. 🏆
Poppy Days: May 23-26, 2025, were designated Poppy Days to honor veterans.
Month of the Military Child: April 2025 was proclaimed to honor the children of service members.
Water Conservation Month: April 2025 was recognized 💧, along with winners of the Drop Savers Poster Contest: Taylor Pea, Melissa I, and Adeliz Pea.
Residents voiced opinions on a range of issues during the public comment period.
Public Comments 🗣️
Tributes and concerns related to Sacrifice Park: A retired Palm Bay Deputy Chief thanked the council for Sacrifice Park, honoring first responders. However, he expressed concern and embarrassment that Sergeant Frank Tobar, who died in the line of duty, was allegedly not honored at the park's opening ceremony by the current police chief and command staff.
The recent City Manager selection process: Multiple residents congratulated the council on the selection process and the hiring of the new City Manager, Matt Morton. They urged the council and city staff to support him by providing prioritized tasks and necessary data to ensure his success. One speaker emphasized the council's responsibility in guiding the manager.
Questions about outsourcing emergency vehicle maintenance (Consent Item 3): A resident questioned the $250,000 contract for outsourcing emergency vehicle repairs, asking if the city's own fleet services possessed the skills to do the work and suggesting the item should be discussed publicly rather than passed on the consent agenda.
Praise for Republic Services resolving an HOA road issue: A resident commended Republic Services, specifically manager Scott Moran, and city staff for addressing road damage caused by a Republic truck in his HOA. He noted the roads were fully resurfaced and praised the manager's professionalism.
Safety concerns regarding sidewalks and trees: The same resident highlighted a safety issue with an uneven sidewalk being lifted by oak tree roots on HOA property behind his home, requesting code compliance intervention.
Privacy implications of the city's Flock Safety license plate reader cameras: A resident voiced strong concerns about the Flock cameras, arguing they constitute warrantless mass surveillance, violate Fourth Amendment rights, and threaten privacy. He questioned data storage, access, potential misuse, and demanded transparency and safeguards, noting the lack of public discussion before implementation. 📹
A proposal for a new, illuminated sign at the Ted Morehead Lagoon House: The daughter of the late Ted Morehead proposed that the city approve and fund a new, illuminated sign for the Lagoon House, which is named after her father. She noted the current lack of signage and argued it would increase the environmental learning center's visibility. The council gave consensus for staff to research the request.
Support for increasing the backyard chicken limit: Several residents expressed disappointment that the agenda item to discuss increasing the four-hen limit was removed. They argued chickens are pets, contribute to sustainable food (eggs, pest control), provide fertilizer, and that the current limit is arbitrary and insufficient for families. 🐔
Concerns about the proposed 287(g) agreement with ICE: (Input on this topic was also provided during the specific agenda item discussion, summarized below).
Key Actions and Decisions
Funding Allocations (CDBG & HOME Programs) 💰:
CDBG Action Plan (FY 2025-26): Approved (3-2 vote) the first hearing recommendations for allocating anticipated Community Development Block Grant (CDBG) funds (estimated total $776,641). This includes funding for public services like Catholic Charities (homeless prevention), Club Esteem (youth programs), Greater Melbourne PAL, the City's bus pass program, Parks & Recreation summer camp scholarships, and South Brevard Women's Center (transitional housing). Capital improvements approved for funding include projects at Victoria Park, Liberty Park, and Driskell Park.
CDBG Amendments (FY 2022-25): Approved (4-1 vote) reallocating $270,266 from a canceled sidewalk project on San Filippo Blvd (due to revised census data affecting eligibility) to Liberty Park improvements (Phase II). Also approved allocating $52,607 in prior year leftover funds for Housing Rehabilitation Activity Delivery Costs (inspections).
HOME Program (FY 2025-26): Denied (5-0 vote) the sole application received, from Community of Hope, which sought funds from the HOME Investment Partnerships Program to rehabilitate a commercial property on Palm Bay Road into three senior housing units 🏠. Council cited concerns about the location's suitability for senior housing and potential zoning conflicts. Staff was directed to re-solicit proposals for the HOME funds (estimated total $227,234 available).
Land Use & Development 🏘️:
Martinez Gym (CU25-00001): Approved (3-2 vote) a conditional use permit for Marina Martinez to operate a boxing gym/fitness center 🥊, focusing on youth and special needs programs, in Units 2 & 3 at 3565 Jupiter Blvd SE (Neighborhood Commercial zoning). The approval came despite concerns raised about pending civil litigation involving equipment, which the City Attorney deemed separate from the land use request.
Foundation Park Rezoning (CPZ24-00007): Approved (3-1 vote, with Councilman Hammer recused due to a declared conflict of interest involving the applicant becoming his business client) the final reading of an ordinance rezoning 15.4 acres south of Foundation Park Blvd from RS-2 (Single-Family Residential) to LI (Light Industrial). This rezoning was a necessary step for the subsequent approval of the recycling facility permit.
Foundation Park Recycling Facility (CU24-00008): Approved (3-1 vote, with Councilman Hammer recused due to a declared conflict of interest involving the applicant becoming his business client) a conditional use permit for Foundation Park Future Investments LLC to operate a tree and landscape recycling facility ♻️ on the northern portion of the now 36-acre LI-zoned parcel. This decision followed extensive public comment raising concerns about potential health impacts (dust, air/water quality from manganese leaching), noise, traffic, and property values. The applicant presented counter arguments regarding safety protocols, environmental testing, compliance, and operational plans. The approval included specific conditions: no burning of materials, no processing of pressure-treated wood or construction debris, required street sweeping on Foundation Park Blvd, and placing required buffers into conservation easements.
Contracts, Procurements & Agreements 🤝:
Emergency Vehicle Services: Approved a contract for supplemental emergency vehicle technician services (estimated annual expenditure $250,000). 🚒
Ad Valorem Tax Reports: Accepted annual reports for the tax abatement program from L3Harris and Rogue Valley Microdevices (representing $494,766.90 in lost city revenue for FY24 from L3Harris).
VOCA Grant: Retroactively approved submitting a grant application for Victims of Crime Act funds (potential revenue up to $65,259 for FY26) to support Police Department Victim Advocates (4-1 vote, Langevin opposed based on federal funding source).
Police Travel: Approved travel for the Police Department to attend a technology conference (estimated cost $2,855.69). ✈️
Utilities Procurements: Approved contracts for brass fittings (Ferguson Waterworks - estimated annual expenditure $250,000), water/wastewater plant repair services (Meeks Plumbing, Razorback LLC - estimated annual expenditure $150,000), and the cooperative purchase of a Vactor industrial vacuum truck (Environmental Products Group - $548,207.24) 💧.
CMAR for Utilities Expansion: Authorized staff to enter negotiations with Wharton-Smith, Inc. as the Construction Manager at Risk (CMAR) for the significant, multi-phase expansion of the city's Reverse Osmosis Water Treatment Plant and Water Reclamation Facility (estimated Phase 1 cost $60 million, funding TBD). 🏗️
ICE 287(g) Agreement: 👮 The council unanimously approved (5-0) entering into a Memorandum of Understanding (MOU) for the 287(g) program, which allows designated local law enforcement officers to partner with U.S. Immigration and Customs Enforcement (ICE).
Purpose and Function: Police Chief Ajello explained that the program allows specifically trained Palm Bay officers to perform limited immigration enforcement functions when they encounter individuals with active administrative removal warrants (detainers) from ICE during their routine duties (e.g., traffic stops, criminal investigations). It is not for initiating immigration stops based solely on perceived status.
Procedure: If an officer stops someone for a violation (like speeding) and a check reveals a confirmed ICE detainer, a 287(g) certified officer can verify the warrant with ICE and transport the individual to the Brevard County Jail complex, which serves as the local 287(g) processing facility. The jail can then hold the person for up to 48 hours for ICE processing. If the encountering officer isn't certified, they'd need to call one who is (from Palm Bay or a neighboring agency) or wait for ICE, potentially having to release the individual if the stop duration expires before confirmation/transport.
Training: Participating officers receive 40 hours of online training provided by Homeland Security/ICE. The Chief indicated several officers would be trained to ensure coverage. Funding for the training was still being determined as part of this state-level initiative.
Strict Limitations: The Chief and the legislative memo emphasized that Palm Bay Police will not conduct independent immigration raids, workplace enforcement, or targeted investigations based only on suspected immigration status. Actions are only taken under ICE direction when a valid administrative warrant is found during a lawful encounter for other reasons.
Council Rationale: Councilman Langevin expressed strong support, viewing it as necessary due to concerns about border security, crime associated with illegal immigration, human trafficking, and the actions of other countries. He referenced Fort Myers needing a special meeting to approve the agreement after initial hesitation.
Public Input: One resident asked clarifying questions about procedure and recourse for errors, which the Chief addressed. Two other residents spoke strongly in favor, linking the agreement to national politics and the need to address potential criminals entering the country illegally.
Co-Sponsorship: Approved (5-0 vote) a co-sponsorship request from the Brevard Caribbean American Sports and Cultural Association (BCASCA) for their June 2025 Caribbean Heritage Month events (estimated in-kind city contribution value $4,045.00). Staff noted this would likely exhaust the $50,000 annual co-sponsorship budget. A review of the city's co-sponsorship policy is planned for the May 1st council meeting.
Council Reports & Administrative Updates 📋
Councilmembers expressed support for creating a memorial for fallen Palm Bay veterans, potentially at Veterans Park or Liberty Park, and directed staff to explore options.
Council agreed to establish April as the annual timeframe for conducting performance evaluations of the City's Charter Officers (City Manager, City Attorney, City Clerk).
Concerns were voiced about the appearance and cleanliness of the Winn-Dixie shopping center on Malabar Road, requesting staff follow up with property management.
The Interim City Manager confirmed the new City Manager, Matt Morton, is expected to start May 1st.
An executive session was scheduled for April 17th at 5:30 PM to discuss pending litigation. The specific cases identified for discussion were:
Alexis Ray Tillman versus City of Palm Bay (Case 05-2024-CA-052118): This case involves a claim for damages resulting from a vehicle crash on February 12, 2024, allegedly caused by the negligence of a city employee operating a city-owned vehicle.
Lawrence McIntyre versus City of Palm Bay (Case 05-2023-CA-056123): This case alleges negligence by the Palm Bay Fire Department in its response to reports of smoke/fire at the plaintiffs' residence on February 4/5, 2023, claiming the delayed and inadequate response led to the destruction of their home and subsequent damages.
Stay Informed
This meeting covered crucial decisions impacting Palm Bay's funding priorities, development landscape, and public safety procedures. Residents interested in the specifics of these items or future council actions are encouraged to engage further.
Watch the full meeting video, including a timestamped summary in the first comment, on YouTube: https://youtu.be/PVnv_xIGQ7o
Curated by AI and fact-checked by The Palm Bayer.