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Palm Bay-CAPTURED Suspicious Person Near Southwest Middle School
Palm Bay Florida
– Yet again, with the help of our community and persistence of the Investigations Division of the Palm Bay Police Department, another criminal has been arrested and delivered to the county jail.As reported last Friday, an adult male had exposed himself to a female juvenile in the area of Southwest Middle School. This male, Rafael Andres Ramos Rodriguez, 08/17/89 of Palm Bay, has been arrested and charged with Lewd & Lascivious Exhibition. He is being held without bond.
After receiving tips from our community, the Palm Bay PD Crime Analysts narrowed down information which led to an i.d. of the suspect. Last evening, the PBPD Special Victim’s Unit, with the assistance of the General Crimes, Major Crimes, and Crime Suppression Units, was able to locate the suspect driving in the same vehicle he was in during the incident on Friday. A traffic stop was conducted and the suspect was taken into custody without incident.
If anyone has further information, or has had an incident involving this suspect, please call the Palm Bay Police Department at 321-952-3456 or Crime Watch at 1-800-423-TIPS (8477).
Palm Bay -Alpizar Law virtual Turkey Giveaway
Written by Palm Bay Live
Edited by Cathy Oasheim
This Friday, November 13, 2020, local Palm Bay law firm Alpizar Law, LLC, hosts its first-ever virtual turkey giveaway. Alpizar Law will provide 500 turkey gift cards to families throughout the Palm Bay community.
Though this is not the first year Alpizar Law has fostered the Thanksgiving spirit with a giveaway, this year, they are doing things differently because of COVID-19. With all that the Palm Bay community and nation have been dealing with because of the pandemic, Alpizar Law felt it was the safe and responsible thing to avoid a sizeable in-person event.
Attorney David Alpizar told Palm Bay Live, “We are certainly disappointed that we cannot hold our Annual Turkey Giveaway live at our office this year. This event is always such an incredible event and is one highlight of our year. As Brevard’s Choice for personal injury law firms, we always enjoy any opportunity to give back to our community and get the holiday season started in the spirit of giving. The joy and gratitude we see from every person who comes to our office for the turkey giveaway is so heart-warming and encourages us to continue helping so many people in Brevard.”
So far, the community’s response has been greater than in previous years, with countless registrations already submitted. The 500 gift cards will be mailed to the lucky winners on a first-come, first-serve basis.
If you are not one of the 500 people fortunate enough to get a gift card, do not give up yet. Alpizar Law will enter your name into a different raffle for a $500 holiday-shopping gift card. On Friday, November 13th, they will announce the winner on their Facebook and Instagram pages.
Additionally, Alpizar has hinted at yet another giveaway. By participating in Alpizar’s “Spread the Thanks” campaign, described as “a fun way for our community to help us spread the message of joy this season,” you can also be entered for a chance to win a 42-inch flat-screen-television!
To qualify for the TV raffle, go to the Alpizar Law Facebook and/or Instagram page and 1) like the page, 2) share a picture of you out shopping for Thanksgiving dinner with the gift card or of you and your family enjoying Thanksgiving dinner, 3) tag Alpizar Law in the image and 4) include the hashtags #alpizarlaw, #brevardcounty, #alpizargivesback, and #thanksgivingdinner. This raffle will close on November 29th. Alpizar Law will announce the winner of the flat-screen-TV on their social media pages, November 30th.
Last year, founding Attorney O. John Alpizar told media outlets, “When I moved to Brevard County 38 years ago, I knew this place was special. Now, having raised a family and dedicated my career to helping people in this community, I felt this was a wonderful expression of thanks to the place I’ve called home for almost four decades.” David Alpizar echoed this sentiment by saying, “Helping people for a living in their time of need always gives me a sense of joy and gratification, which is why I love what I do. But there is no better way to show my thankfulness and support for our local community, during this time of year, than to come together and give back to people.”
The Community appreciates this giveaway every year but given COVID-19 restrictions the last several months, we wanted to have regards for everyone’s safety. For more information on the Alpizar Law Thanksgiving turkey giveaway, visit WWW.ALPIZARLAW.COM or call 321-676-2511.
Palm Bay-Republic Services vs Powell Subdivision-A must watch item for the City Council Meeting on November 5th.
By Palm Bay Live News
Edited by Cathy Oasheim
Republic Services began providing waste and recycling collection services on Oct. 1st, 2020, to residential and commercial customers throughout the City of Palm Bay. The new 10-year service contract with Republic Services is estimated to bring more than 60 new jobs to the Palm Bay area. This was a significant change for as Republic Services is replacing the City’s previous waste services provider of 30 years. Republic Services setup operations in the old Diamond Community School building located at Northview Road. In addition to space, their fleet includes 58 trash collection trucks and other vehicles.
The Palm Bay Planning and Zoning Board voted 5-1, with former Mayoral Candidate Kay Maragh being the sole “no” vote, to approve a conditional use permit. The conditional permit has two pending items: 1) Republic is required to install an 8-foot opaque fence along the west and north property lines to screen views of garbage trucks, and 2) The [what type of tank is this Kevin?]tank location should be moved behind an existing 10,294-square-foot building and serve as a physical buffer for nearby homes. While these are reasonable precautions, they did not seem to address potential air and underground hazards.
The decision to allow Republic Services in the area, close to residential buildings, was controversial and met many residents’ contention.
Furthermore, debates about the increasingly industrialized neighborhood were reignited after a Sept. 9th explosion at the FAR Chemical, Inc. plant (located at U.S 1 and R.J. Conlan Boulevard).
The explosion did not result in injuries; however, black plumes of smoke were seen for miles.
Unfortunately, this event, coupled with the induction of Republic Services’ new location, exacerbates neighborhood apprehension about industrial companies moving in and around the residential area. Connie McClary, president of the Powell Subdivision Neighborhood Watch, a predominantly minority, working-class neighborhood, says the changes should be more closely examined before implementation as they raise health and safety concerns that the city is not taking seriously.
City Council Information Officer Keely Leggett provided Palm Bay Live with an exclusive response to some of the community’s most pressing questions:
Q: Can you explain what “light industrial” zoning entails?
A: The City of Palm Bay’s Code of Ordinances section § 185.045 LI – Light Industrial and Warehousing District includes provisions for permitted land uses, including storage yards and the housing of public utility equipment and related facilities. The Light Industrial designation also includes conditional uses, including on-site fuel pumps and storage. The conditional use approval for the refueling activity is on the City Council agenda for Nov. 5th, 2020. The complete ordinance for Light Industrial zoning is available at https://codelibrary.amlegal.com/codes/palmbay/latest/palmbay_fl/0-0-0- 12852
Q: Was a safety assessment done of the Republic Services location including, considerations regarding fumes and/or drainage runoff?
A: The City of Palm Bay assesses many factors, including environmental impacts, when determining zoning designations for land use. Republic Services’ operation in Palm Bay includes efforts to mitigate the environmental effects, including collecting and removing Graywater runoff from the site. Since Republic Services’ operations did not require significant changes to the site and fall within the Light Industrial zone’s permitted uses, additional permitting and inspections or a site plan approval was not required. City’s Code Compliance Division will initiate appropriate citation(s) if Republic Services does not comply with permitted Light Industrial site use standards.
Q: Can you provide general comments regarding the surrounding community’s concerns?
A: The City of Palm Bay will continue to work with residents and Republic Services to address community questions and facilitate a smooth transition to the new solid waste and recycling contract.
Still, McClary says she feels like City Council sold their community to the highest bidder and expressed dismay at the odor emanating from the trucks and wetlands runoff and other health hazards. McClary further stated that she “doesn’t believe they would have done this to an HOA community” and asserts that they only “do this to low-income neighborhoods.”
Republic Services, External Communications Manager Deirdre Edgar addressed their intentions for the area and their safety record in the following statement to Palm Bay Live: “Republic Services is proud to be the new recycling and waste services provider for the City of Palm Bay. The company was founded in Florida in 1989 and provides service in Orlando, Tampa, Lakeland, Jacksonville, St. Johns County, Hernando County, Indian River County, and Broward County, as well as Palm Bay. As part of our commitment to Palm Bay, we hired more than 60 new employees and physically located our operations within the city limits to provide the exceptional service Republic is known for. Across the country, Republic has operations in 41 states and has contracts with more than 1,100 municipalities nationwide. We understand what it means to be good neighbors in the communities we serve. Safety is the top priority for our company, and we are committed to operating safely in Palm Bay.”
While the City has not given any indication that they will rescind the provisional use permit, the final vote on Republic Services’ presence in the area is scheduled for this Thursday, November 5th at 7pm. Connie McClary declared that residents plan to fight for answers and push for the company and its trucks to leave the neighborhood. The Powell neighborhood watch will be at the upcoming city council meeting to make their voices heard.
LOCAL ELECTION RESULTS IN BREVARD COUNTY
A contentious and hard-fought election cycle came to an end in Brevard County on Tuesday (11/3). While the nation was enthralled with the Presidential and Congressional elections, many Brevard County residents finally got to see the results of their mail in ballots, early votes, and trips to the polls.
The Mayoral races in Palm Bay gave Candidate Rob Medina a win by a substantial 9% margin, with opponent Kay Maragh unable to muster enough momentum to defeat the Republican candidate.
In Melbourne, the Mayoral race was a little tighter, with four candidates on the ballot; but Vice Mayor Paul Alfrey was able to amass 38.4% of the votes to secure a victory. Candidate Hazel Buggs and CJ Johnson, came in 2nd and 3rd respectively, while Molly Tasker trailed in 4th.
Similarly, in Cocoa Beach, there was a four-candidate contest with Michael Blake receiving 37% of the votes to become Cocoa Beach’s next Mayor.
Next, the race between current Palm Bay Mayor Willian Capote and Kristine Isnardi started off close, but Isnardi was able to pull off a win with 58.9% of the votes.
Additionally, the highly publicized fight for Palm Bay City Council Seats 2 & 3, were won by Donny Felix with 51.8% of the votes for Seat 2 and Randy Foster with 60.8 for seat 3.
Finally, outspoke candidate Randy Fine held on to his District 53 seat, in the closest of the five Florida Legislature races, by defeating Democrat Phil Moore, 55.5% to 44.2%.
These local elections had a tremendous turnout with over 80% of Brevard residents casting their votes. A majority of whom took advantage of mail-in and early voting. In total, 363,191 ballots were cast.
As you can see, many people took these elections seriously and made their voices heard. A full list of election results is below.
Harbor Pointe (MAS Development corp) vs FAR Chemicals
Story by Palm Bay Live
Edited by Cathy Oasheim
On Thursday, October 29, 2020, Palm Bay City Council held a Special Council Meeting to vote on a request by MLEF 2-1, LLC (also known as MAS Development Corp.) related to 21.83 acres of property, known as “Harbor Pointe,” located in the between Kingswood Drive and Robert J. Conlan Boulevard. The proposal presented by MLEF was:
1.To amend the City’s Comprehensive Plan Future Land Use Map to change the designated use of the property from Industrial Use and Commercial Use to Bayfront Mixed-Use, and,
2.To rezone the property from Highway Commercial District and HI (Heaving Industrial District) to Bayfront Mixed Use District (BMU).
The property in question has been the focal point of controversy, as far as development and zoning, for the last several months, and this hearing was no different.
MLEF is embroiled in litigation with FAR Chemical, who occupies the adjacent property, and has been for quite a while. FAR Chemical is a bulk chemical manufacturer that opposes MLEF’s proposed changes, which contradict the land’s original intended use. They also stated that since the FAR plot of land is industrial and utilizes chemicals, it would not be appropriate to have mixed-use (commercial and residential) units within such proximity.
To their point, in the past, FAR Chemical’s plant has had not one but two explosions, with the most recent one being in September 2020. However, Palm Bay firefighters concluded that the explosions were due to the chemical storage FAR method. FAR is now prohibited from storing chemicals at their location.
To support their proposal, MLEF argued that their plans for development, zoning, and land use are consistent with the Bayfront Community Redevelopment District (BCRD) plan. The BCRD is the City of Palm Bay’s comprehensive plan for development in the area through 2024. MLEF further asserted that because FAR can no longer store chemicals, the potential risk is reduced by proximity.
Additionally, MLEF mapped out a separation plan for the area to minimize the risk of contact with FAR. First, they detailed a 100-foot buffer installation, primarily landscaping, between the FAR plot and all residential units. They also noted that they had previously offered to build a 12-foot concrete wall split the cost with FAR to delineate the areas further and delineate the spaces. At the time of the hearing, FAR had not taken them up on this offer.
MLEF continued to highlight the benefits of allowing development. They claimed that “much high profile” companies, like Lockheed Martin, are interested in leasing space, which would result in many new jobs in the area. Also, they noted that the project would bring an estimated $65 million in privately funded real estate value to Palm Bay, for which MLEF is not receiving, nor have they requested subsidies.
After FAR and MLEF concluded their presentations, Councilman Bailey asked for further clarification on buffering. After some discussion about the most appropriate amount of buffer, FAR claimed at least 1000 feet while MLEF held firm at 100 feet. MLEF offered to pay for the entire cost of the 12-foot wall rather than split it with FAR. FAR did not respond to the offer to cease all further litigation and challenges on the development, nor did FAR show agreement.
Before voting, a few Councilmembers provided comments. Councilman Anderson stated that MLEF’s development “fits our vision for the area.” Mayor Capote said, “I support this project; the City is evolving, and areas that were once Industrial can become something else. What’s going on here is no different from any municipality in the United States.” However, Councilman Bailey stated that he was “of a split mind on the development plan and that MLEF arguments in support were unconvincing…and that more buffering is needed.”
In the end, the amendment passed 4-1, with Councilman Bailey dissenting.
The Council then moved on to the second item on the agenda, the property’s rezoning to mixed-use. In the interest of time, both FAR and MLEF asked the Councilmembers to consider all the evidence presented earlier in the evening as applicable to this issue. Both sides provided minimal additional comments on the subject. However, FAR did mention that the site plan by MLEF was insufficient and that they did not utilize any public participation in developing a plan appropriate for the community. MLEF reiterated that the “plan is consistent with the BRCD and mixed-use criteria.”
Councilmembers voted unanimously to approve the rezoning request. Mayor Capote concluded the meeting by saying, “hopefully, this [development] is painless, and Palm Bay can move into the future.”
BREAKING NEWS-Supervisor of Elections Temporarily Closes Palm Bay Administrative Office
In an abundance of caution and in consult with the Department of Health, Supervisor of Elections Lori Scott has temporarily closed the Palm Bay Administrative Office after election workers tested positive for Coronavirus. Due to the multitude of safety measures and the ½” ballistic glass between affected workers and the voting public, voters did not have direct exposure with the affected individuals.
“We have been maintaining stringent safety protocols since the Presidential Preference Primary in March,” said Supervisor Scott. “It is a tribute to our strict safety measures that we have been able to process almost a half a million voters through the election process this year before having our first positive case.”
Voters wishing to take advantage of Early Voting before Saturday’s deadline may visit any of the nine remaining Early Voting sites. Three Early Voting sites, two in Palm Bay and a third in West Melbourne, are all located less than 10 miles away from the temporarily closed Palm Bay Office. A complete list of Brevard’s Early Voting sites is available on www.VoteBrevard.gov.
Locations currently open in Palm Bay
Tony Rosa Community Center, 1502 Port Malabar Blvd
Ted Whitlock Community Center, 370 Championship Cir Nw2
For more information on COVID-19, please visit the Florida Department of Health (DOH) website at https://floridahealthcovid19.gov/, call the DOH COVID-19 call center at 866-779-6121, or email COVID-19@flhealth.gov.
Palm Bay, Plantation Circle, and the Ethics of Campaign Contributions
by Kevin Vaccianna & Molly Fashola
Cathy Oasheim, Editor
In case you missed it, the last week or so has been quite controversial for Palm Bay politics.
There has been a lot of debate and investigation into campaign contributions made to candidates for public office in the upcoming election. Donny Felix and Randy Foster, who are running for City Council Seats 2 and 3, have received scrutiny for contributions they accepted from Brian West, of Westco Contracting. Westco, along with West Pointe Babcock, LLC, are the main players spearheading the development of some land located at Babcock and Plantation Circle.
You may be wondering why anyone would care about these contributions since candidates receive money from interested parties all the time. However, this situation is a little different. Keep reading to learn about the history of the Plantation Circle development and the controversy surrounding these candidates.
History of Plantation Circle
The Plantation Circle development initially desired to divide an 8.41-acre parcel, located at the southeast corner of Babcock Street SE and Plantation Circle SE, into five (5) residential lots. Four of the lots are intended to be 1.136 acres each, while the fifth and western most lot would 3.864 acres.
These lots are currently designated to be ‘Rural-Single Family Residential.’
Their development application to Palm Bay’s Planning and Zoning board for a vote on October 2, 2019, was approved for Preliminary Subdivision construction with final approval subject to the water and sewer versus well and septic issues.
In July 2020, West Point Babcock was again before the Planning and Zoning board seeking to rezone the property at the southeast corner of Babcock Street and Plantation Circle. They estimated that rezoning the property to commercial use will increase the property’s value by approximately $1,000,000. The proposal was set to be heard on September 10; the developers requested that the vote be continued until December 10.
Palm Bay Live spoke to Judy Thornberry, resident of Plantation Circle (also known as Cheyenne Acres or Greenwood Plantation) who is one of many opposed to the rezoning. Ms. Thornberry stated, “We residents felt intimidated by West—he has been trying to rezone the entire area to commercial for at least five years. But anytime the issue comes before the Council, and West thinks he doesn’t have the votes; he requests to postpone. He has also refused to disclose details about what commercial projects he plans to place in the area.”
Others echo Ms. Thornberry’s sentiments on the matter. On September 10th, several Plantation Circle residents showed up at the council’s meetings wearing red “We Vote No!” T-shirts in protest of the rezoning.
Controversy: The Arrest of Brian West
As you can see, it appears as if the Council had all of their ducks in a row to analyze the development and the vote. So, what does this seemingly uneventful development have to do with this week’s debate?
On October 2, 2020 (coincidentally, precisely one year from the Council’s preliminary approval vote), West was arrested for multiple counts of second-degree felony bribery, third-degree conspiracy, and third-degree unlawful use of a communications device. He is alleged to have bought votes from Palm Bay City Council members to influence their vote on the upcoming Final Approval vote.
The councilmembers mentioned in the arrest affidavit include City Councilman Brian Anderson, Councilman Jeff Bailey, and Councilman Kenny Johnson. Former Councilman Tres Holton is also implicated for being hired as a consultant for West while sitting on the Council, Mayor William Capote, and political consultant Robert Burns.
No public officials are accused of illegal activity.
The details of the charges state that Mr. West worked with local hotel operator and Palm Bay Tourist Development councilmember Puneet Kapur to bribe city councilmembers to push through the rezoning of the Plantation Circle subdivision. Mr. Kapur resigned on October 7, 2020, amid the bribery controversy.
Evidence has not been presented that any council member received money for the express purpose of voting in West’s favor. Campaign finance records show that Randy Foster and Donny Felix each received a $1,000 campaign contribution from West Pointe Babcock, LLC.
West’s arrest affidavit also alleges that he attempted to schedule a meeting with Palm Bay mayoral candidate Rob Medina to provide an election contribution. Medina told other news outlets that he met briefly with West a while ago but declined any money from him, emphasizing, “This is why I am running—to end this corruption in Palm Bay. The corruption in the city must stop. Restoration is coming to Palm Bay.”
There appeared to be some type of relationship between Medina and West. At one time, a sign supporting Medina for Mayor was placed on the Plantation circle property. It has since been removed.
When asked if this contribution would influence his vote should he win the council Seat, Randy Foster stated in an interview on September 30, 2020 with Palm Bay Live, “When I make my decision, it’s going to be what’s best for Palm Bay. That is how it is going to be all the time. I want to do what’s best to protect the taxpayer’s money—that is how I will approach my decision.” He also stated, “I don’t do things because of money—I am not running this race because of money¬. I was an officer [U.S. Marshall], and if I had a criminal try to bribe me, I would still arrest them—because of justice, I do what is right. That is the difference between other politicians, and me. I have been tested many times throughout my 28-year-career. A donation to my campaign does not sway me.”
Calls for comment to Robert Medina and Donny Felix were not returned.
Interim Palm Bay City Manager, Suzanne Sherman, stated, “Based on the information received today on this matter, we will be conducting a further review to determine appropriate next steps regarding the situation.”
The Optics of Campaign Contributions.
As this story continues to flesh out, some have called for the candidates to return the money, while others see no problem as the contributions are not illegal.
And it is true, accepting campaign contributions, with no express bribery attached, is 100% legal. This situation and similar situations in Palm Bay’s history illuminate the question of what is ethical when it comes to money and politics. How should candidates navigate the line between harmless funds and bribery or “pay-to-play?”
We reached out to Mayor Capote for comment. He stated, “Anyone can make campaign contributions to the candidate they choose to support. Many people, including developers and private citizens, contribute. It is not indicative of a bribe; it is just an opportunity to support your candidate and maybe express some of your concerns or desires for the future of your city. The only difference here is Mr. West’s subsequent arrest. This could have happened to any candidate who received a contribution, but the person who gave the contribution was later arrested. Unfortunately, the negative press gets attention, and everyone connected, even if ancillary, to Mr. West gets caught in a bad light. The contributions are not illegal, and it is up to each elected official to maintain their integrity regardless of finances.”
Mayor Capote also stated, “There are people on both sides of the Plantation Circle development issue. Some are in favor, and some are not. Mayor Capote, candidate for County Commissioner, believes the Babcock area is a commercial corridor and sees the potential for commercial development.”
When asked to comment on the controversy, Councilman Bailey stated, “I would not take money with strings attached. It is a conflict of interest. My priority is to advocate for the city.” When explicitly asked about the development, he declined to comment and stated, “The issue needs to go before the council for a vote.”
Thomas Gaume, candidate for Seat 3 states, “Felix serves on the Planning and Zoning Board. Brian West has appeared before him several times. Mr. West was mentioned nearly 80 times in the original FBI/FDLE documents published February 12, 2020. That they would deny knowledge of Wests’ intent is an insult to educated voters. If Felix and Foster were truly dedicated to doing what’s right for the City of Palm Bay, they would withdraw their candidacy.”
Finally, we spoke with Kay Maragh, who ran against Rob Medina for Mayor of Palm Bay, stated, “I don’t want to make assumptions about campaign contributions. I don’t know what happens behind closed doors. A candidate should always know for what purpose they are receiving money. Developers give money all the time, it is not unusual. But it is important to know the intention. I personally cannot be bought; my vote is not for sale, and I owe no favors. I vote on what is important for the community.”
It is important to note that according to Florida state law, when an issue comes before the Council, even if a councilmember may have received a campaign contribution from an interested party, the councilmember cannot recuse themselves. They must vote on the item.
Palm Bay Live will continue to follow this story and the development of Plantation Circle as more information unfolds.
