LISTEN TO THIS ARTICLE:
Palm Bay, FL -- Council Meeting 2026-10 packed a full agenda on March 19, 2026, producing one headline result that drew a packed room: a 5-0 vote to deny the Lotus Palm Bay development, a 1,350-unit mixed-use project that had been in the pipeline since 2022. The rejection came after Deputy Chief Jeff Spears of the Palm Bay Police Department told council that priority-two response times in the southern district are already averaging eight and a half minutes on 17,000 calls per year. A fire department official added that Station 9’s response time to the project site is currently 12 minutes. Council also heard a public grievance from a veteran who says he and his mother were wrongfully arrested in 2025, processed a Tuskegee Airmen proclamation, and approved the first readings of three department reorganization ordinances.
Tuskegee Airmen Commemoration
Councilman Kenny Johnson opened the meeting’s ceremonial items by reading a proclamation designating March 28, 2026, as Tuskegee Airmen Commemoration Day in Palm Bay. No representative of the General Daniel Chappie James, Jr. chapter was present to receive it. Johnson called up an Air Force veteran from the audience in their place.
The proclamation highlighted Tuskegee Airmen with Brevard County connections: Lieutenant Colonel Hiram Mann and Second Lieutenant Joseph B. Bennett, both P-51 pilots of the 332nd Fighter Group, and Lieutenant Colonel Robert C. Hughes, a flight instructor. General Daniel “Chappie” James, Jr., born in Pensacola, became the first African-American four-star general in U.S. armed forces history. Johnson noted the General Daniel Chappie James, Jr. chapter continues to serve as a role model for youth in the community.
Public Comments: Billing, a Veteran’s Grievance, and Development Concerns
Resident and frequent commenter Bill Battin raised the cost of the city’s transition to monthly billing for waste collection. Battin calculated that converting the 12,000 accounts currently on quarterly billing to monthly billing will cost the city approximately $560,000 per year in postage alone, in addition to the postage residents pay to return bills. His own mailing costs will increase from $2.40 per year to $9.60 per year.
City Manager Matt Morton acknowledged the question but did not have the supporting numbers at the meeting. Councilman Johnson asked Morton to provide a full comparison of postage costs against the interest savings the city gains from collecting more frequently. Morton noted the city had previously carried over $1.1 million in uncollected or late utility revenue under quarterly billing. Morton added that residents who use email billing face none of these costs, and said the city would push enrollment in paperless billing.
Efren Molina, a resident and military veteran, came to the podium with a formal grievance against the city and the Palm Bay Police Department. Molina stated that on August 5, 2025, he and his mother called police for help with a trespassing solicitor at 828 Fold Avenue and were instead arrested by Officer Monica Shook. He said he spent 36 hours in jail and was charged with possessing property worth approximately $5,000 that he said belonged to the trespasser. The State Attorney’s Office declined to prosecute. Molina said the arrest damaged his mother’s employment and caused ongoing emotional and financial harm. He asked five questions of the council: who does the city serve, who are officers accountable to, what can citizens do when an officer acts on false probable cause, and whether officer immunity prevents correction.
City Manager Morton responded publicly. He said he met with Molina for over an hour, reviewed the body camera footage, and believes the door-to-door solicitor “absolutely pushed this man’s buttons and probably harassed him.” Morton said the solicitor had not been formally trespassed from the property before the incident. Morton apologized for how Molina and his mother felt. But Morton said he could not agree with everything Molina stated and acknowledged “a bad decision was made.” He said he could not deliver the outcome Molina was looking for and did not know where else to go with the matter. Morton referenced a separate issue with the Brevard County Jail incorrectly booking Molina under an incorrect name.
Another resident, Susan Ramirez, told the council her brother passed away the previous Monday. She said she had been at the podium months earlier asking for help moving her brother, a sex offender, out of a hospice facility and into her home. She said Deputy Chief Spears reviewed her request and determined the brother could dress with minimal assistance, disqualifying him from the exception she sought. She said the city had sole discretion to act and chose not to. City Attorney Patricia Smith clarified from the dais that the underlying lawsuit challenged state law regarding where sex offenders can live, not a city decision.
Robert Stise, speaking ahead of the Lotus hearing, urged council to consider the impact on the Bayside Lakes area from Eden at Bayside Lakes, a proposed development that had previously been rejected unanimously by zoning and council. He cited traffic on the L-shaped curve near Summerfield, school overcrowding at Bayside Lakes schools, and the area already adding 333 homes with the Stonebriar development. “This is not Port Malabar. We’re organized. We’re together. We’re not going away.”
Resident Judy Trandall used public comment time to thank Utilities Director Gabriel Bowden for the recent water treatment plant open house and to praise the planned installation of shade trees at Ken Greene Memorial Dog Park, which she said she had read about in The Palm Bayer.
Centerpointe Church Settlement Approved 4-1
Before the Lotus hearing, council handled new business item number five: a settlement agreement with Centerpointe Church, Inc.
City Attorney Patricia Smith explained the history. Centerpointe applied to rezone a 10-acre parcel from rural residential to RS-2. Both the Planning and Zoning Board and the full council denied the application. Centerpointe then initiated a state land use and environmental dispute resolution process. During a four-hour mediation, Councilman Johnson served as the city’s representative. The settlement allows Centerpointe to amend its application to RS-1 instead of RS-2. Under RS-1, minimum lot size is 8,000 square feet with 80-foot width, compared to 7,500 square feet and 75-foot width under RS-2. The amended application will go to a full public quasi-judicial hearing, currently scheduled for April 16, 2026.
Centerpointe also agreed to provide emergency access through the property, to be determined during site plan review. Debbie Flynn, assistant growth management director, told council that for a development of 10 to 20 homes, two access points are not required, and emergency access is the appropriate standard.
Smith told council that if they rejected the settlement, the next step would be a public hearing before a special magistrate. She also noted that Centerpointe, as a church, could potentially invoke Florida’s Live Local Act to develop multifamily housing on the site without council approval, which was the applicant’s original concept before it was denied two years ago.
Ruth Kaufhold, a neighbor, questioned why the public was excluded from mediation and said any road built as “emergency access” will become regular access because there is no other road in the two-block radius. Bill Battin asked about the one-year waiting period for denied applications, which Smith confirmed does not apply in this statutory dispute resolution process.
Council approved the settlement 4-1. The dissenting vote was not audibly attributed on the record. The amended zoning application will proceed to a public hearing.
Lotus Palm Bay Denied Unanimously
The evening’s main event was the quasi-judicial hearing on four interconnected items for the Lotus Palm Bay development: Resolution 2025-27 (Preliminary Development Plan), Ordinance 2025-30 (Final Development Plan), Ordinance 2025-15 (Community Development District), and a Master Development Agreement. All four items were continued from the November 6, 2025, Regular Council Meeting.
Growth Management Director Althea Jefferson presented the revised project. The Lotus Palm Bay PDP proposes 1,350 residential units on 353.47 acres north of Micco Road SE, east of Interstate 95. The unit mix was revised from the November hearing: 567 single-family homes (down from 687), 156 townhomes (unchanged), and 627 multifamily units (up from 529). The site also includes 82,600 square feet of commercial space and a 20,000-square-foot daycare. Jefferson confirmed all four items were submitted before the September 2024 Land Development Code update and are reviewed under the old code. She said the applicant had achieved school concurrency as required, with the Brevard County School Board issuing a clearance letter dated February 13, 2026.
Councilman Johnson pressed on schools. Jefferson explained that Sunrise Elementary and Southwest Middle do not have sufficient capacity, but concurrency is achieved under state law and the county’s interlocal agreement by using an adjacent concurrency district with available seats. Johnson said sending children from south Palm Bay to Stone Middle School does not seem like a viable solution.
Councilman Hammer asked about the level of service for fire and police. Jefferson said the city’s comprehensive plan currently contains no level of service standard for public safety, but the Land Development Code does list availability of police and fire services as a criterion for preliminary development plan review. A fire department official told council that Station 9’s response time to the Lotus site is approximately 12 minutes, the Brevard County auto-aid response is about 10 minutes, and Indian River County mutual aid would be about 15 minutes. The official called a 9-to-12-minute response time “a huge concern,” particularly with a proposed daycare on the site.
Then Councilman Johnson called Deputy Chief Jeff Spears of the Palm Bay Police Department to address the same question for police.
Spears told council that approximately a year and a half ago PBPD split the southern end of the city into two districts. This project falls within the district covering everything south of Wyoming to Bayside Lakes and south. In that district, PBPD is currently averaging eight minutes and 30 seconds response time for priority-two calls, on roughly 17,000 calls for service annually. Spears said more rooftops in that area “will significantly impact our level of service.”
Deputy Mayor Jaffe clarified for the record that the comprehensive plan does not currently allow denial based on level of service for public safety. City Attorney Smith corrected that the criterion does exist in the Land Development Code for PDP review, even if not in the comp plan.
Civil engineer Jake Wise presented for the applicant. He described the project as consistent with the city’s already-approved future land use for the site, noting that the PDP and FDP votes would simply bring zoning into alignment with the comp plan. He said the school concurrency issue was resolved in part because Brevard County public school enrollment has dropped significantly, opening seats. He said the developer is working with regional developers to site a fire station at the Emerald Lakes West development, a police station at Ashton Park, and a public works facility at Palm Bay Point East. None of those commitments are in the Lotus developers agreement, and Ashton Park has not yet been approved. Attorney Kim Rezanka told council the developer is donating 24 acres of right-of-way for the St. Johns Heritage Parkway extension and will receive transportation impact fee credits of up to $7.6 million against the estimated $22 million cost of the parkway.
Developer Jim Gildo told council that the project’s phasing requires infrastructure to be built before units can be sold. He said the project cannot proceed to the next phase without roads and utilities in place, and bonding requirements will protect the city if construction stops. Councilman Hammer pressed Gildo directly: there is no infrastructure guarantee right now, correct? Gildo confirmed there is not, until the civil engineering drawings are approved and bonds are posted.
Multiple residents testified against approval. Doug Hook, a member of the Sustainability Advisory Board, submitted that the project’s environmental assessment is flawed: required species surveys for crested caracaras have not been conducted during the recommended January-to-April survey period, the staff report’s claim of no net impact to snail kites is not supportable, and development will sever the wildlife corridor between Mikko Scrub Sanctuary (1,322 acres to the west) and Grant Flatwoods Sanctuary (2,269 acres to the east). Kristen Lanzana cited National Fire Protection Association standards recommending a four-minute travel time and called 10-to-12-minute actual times double the acceptable risk. Ruth Kaufhold asked who is looking at the big picture from U.S. 192 south. Judy Trandall noted the Brevard County Property Appraiser shows more than 23,000 already-platted vacant lots available in Palm Bay. Robert Stise asked council what they want to be known for.
After the hearing closed, Councilman Johnson made a motion to deny Resolution 2025-27. Councilman Langevin seconded. Councilman Hammer said he agreed with Johnson. Deputy Mayor Jaffe offered no comment. Mayor Medina noted he was concerned about the increase in multifamily units. The vote to deny passed 5-0.
Because the PDP was denied, the Final Development Plan (Ordinance 2025-30) was automatically moot. The applicant’s attorney then requested that the CDD ordinance (Ordinance 2025-15) and the Development Agreement be withdrawn from the agenda, which was granted. All four Lotus Palm Bay items ended the night dead.
Easement Vacation Approved
Ordinance 2025-05, the final reading to vacate a portion of a drainage and utility easement at 3008 Lakeland Avenue SE, passed 5-0 with no public opposition. The easement vacation resolves a surveying error in which a potable well was built inside what turned out to be a 20-foot easement. The property owner has signed a Hold Harmless agreement.
Board Appointments
Matthew Thomas was appointed to the Community Development Advisory Board, filling the vacancy left by Deborah Livingston’s resignation. The appointment is through June 15, 2028. The vote was unanimous.
Jose Buttera, Jr. and Judy Trandall were both appointed as at-large members of the Citizens’ Accountability Task Force, each passing 5-0. Mayor Medina also announced his own intended mayoral appointment to the task force: Eric Stein, noting he had informally named him previously and is formalizing the appointment.
Department Reorganization: First Readings
Council approved first readings of three ordinances restructuring how city departments are organized:
Ordinance 2026-06 creates a standalone Economic Development Department by amending Chapter 31 of the City Code. Ordinance 2026-07 moves the Housing and Community Improvement Division, which administers SHIP, SAIL, CDBG, and affordable housing programs, out of economic development and into Growth Management under Director Althea Jefferson and Division Manager Denise Carter. Ordinance 2026-08 officially renames the Community and Economic Development Department to simply “Economic Development,” removing the housing functions and eliminating the defunct passport services.
Morton said Palm Bay is unusual in requiring council approval for departmental reorganization. He said the merger of housing and economic development functions had made it difficult to recruit economic development professionals, who were unfamiliar with CDBG administration. All three ordinances passed 5-0 on first reading. Second readings are required.
Deputy Mayor Jaffe asked at the close of the meeting whether council would support revisiting the SHIP and SAIL programs, describing them as a net loss for the city and a significant staff burden. Jaffe said the city has had incidents where applicants threatened to sue over denied applications. Langevin said he was in agreement. Jaffe counted three votes in favor of bringing a discussion forward.
UCF Small Business Development Center Agreement
Council approved a $112,500 agreement with the Florida Small Business Development Center at UCF to embed a full-time business consultant at City Hall. Services run from April 1, 2026, through September 30, 2027. The first $37,500 is available in the current FY26 budget. The remaining $75,000 is subject to the FY27 budget process.
Morton said the closest SBDC office is more than 30 miles away in Cocoa. He described this as step one toward a broader business assistance ecosystem that could eventually include SCORE mentors, chamber partnerships, and corporate sponsors. The UCF representative, Eunice Choi, had to leave before the item was heard. The vote was 5-0.
Consent Agenda: $1.3 Million in Infrastructure Contracts
Council approved the consent agenda minus items 5 and 11, which were pulled for separate discussion.
Key consent items approved:
Building inspection services: $516,000 contract split among five firms (C.A.P. Government, Inc.; Joe Payne, Inc. d/b/a JPI; PDCS, LLC; SAFEbuilt Florida, LLC; and Willdan Engineering) to augment city inspection staff.
Water Master Plan update: $333,695 contract with Freese and Nichols, Inc. for a comprehensive long-range hydraulic modeling and planning update.
Cured In Place Pipe (CIPP) Unit 7: $214,715 to Atlantic Pipe Services, LLC for pipe rehabilitation using a Polk County cooperative contract.
Cured In Place Pipe (CIPP) Unit 8: $147,314 to Hinterland Group, LLC.
Ad valorem tax abatement compliance: Annual reports from L3Harris Technologies, Project LEO, Project SAMT, and Rogue Valley Microdevices accepted. No dollar amount; compliance review only.
Battin raised a conflict-of-interest concern about the building inspection firms, asking whether any of the five companies also work with local developers. Morton acknowledged it is “likely impossible to know every business relationship” but said the city supervises the work and it is regulated by the Florida Building Code, which leaves limited discretion.
Consent Item 5 (Real estate brokerage services) was pulled and approved 4-1. Council awarded the primary contract to The Urban Group, which carries 41 years of municipal real estate experience and has a local partner, June LLC. Deputy Mayor Jaffe, a licensed realtor, proposed adding Relentless Real Estate Group as a specialty niche partner for local transactions where the city’s identity as a buyer might inflate prices. Morton said he would structure the arrangement with Urban Group as primary and Relentless available at the city manager’s discretion.
Consent Item 11 (Ken Greene Memorial Dog Park trees) was pulled and sent back out for bid. Deputy Mayor Jaffe noted only one bid was received for the $22,850 purchase of four large oak trees and said a city of Palm Bay’s size should receive more competition. Parks Director Greg Minor said the six-inch caliper size, roughly 16-to-20-feet tall and weighing approximately 2,000 pounds each, narrowed the vendor pool. Council voted 5-0 to trigger a formal solicitation. Jaffe also asked Morton to create a written procurement policy: if any department receives only one bid on a project, it should automatically go through the formal solicitation process.
Procurement Item 2 (John Deere 6M tractor, $266,777) was approved unanimously. The purchase came in $26,000.49 under the budgeted amount of $292,777.
Streaming Glitch
City Manager Morton announced mid-meeting that approximately 20 minutes of the meeting had dropped from YouTube and Facebook Live but remained intact on the city’s own website. He said the feed was not intentionally cut and that the full recording would be preserved. The city website did not drop any of the feed.
Closing Reports
Councilman Hammer noted that the March 19 meeting was the last Regular Council Meeting before Chief Mario Augello’s retirement effective April 2, 2026. Hammer said Augello is “a great man” and called his departure a significant loss for Palm Bay while expressing confidence in incoming Chief Jeff Spears.
Councilman Johnson asked staff to look at outdated bicycle ordinances and suggested the city work with the Space Coast Transportation Planning Organization on public transit options, noting that a bus carries 20 students while the same families driving to charter schools add multiple cars to the road.
City Manager Morton announced he will travel to Washington, D.C., from Tuesday, March 31 through Friday, April 3, with a Brevard County delegation advocating for aerospace and manufacturing investment. Deputy City Manager Brian Robinson will serve as acting city manager with full signature authority during that period. Morton also told Battin directly: residents who sign up for email billing eliminate postal costs entirely.
City Attorney Smith thanked staff at Lochmeyer Elementary for inviting her to career day.
The meeting adjourned at approximately 10:22 p.m.
Sources
Palm Bay Regular Council Meeting 2026-10 transcript (RCM-audio-named.md), March 19, 2026
Palm Bay Regular Council Meeting Agenda Packet, March 19, 2026 (RCM-031926-agenda-parts 1-4)
