Palm Bay City Council will decide Thursday whether to approve a fuel station and convenience store at the northwest corner of Emerson Drive NW and Glencove Avenue NW – a project the Planning and Zoning Board rejected unanimously just over two weeks ago. The same meeting brings a final vote on a permanent ban on new medical marijuana dispensaries in the city, a review of eight proposed charter amendments headed for the November ballot, and more than $12 million in infrastructure spending decisions.
Fuel Station: Council Reviews After P&Z Voted 7-0 to Deny
The centerpiece of Thursday’s agenda is Resolution 2026-08, a conditional use application for a 3,648-square-foot convenience store with fuel pumps and a 1,344-square-foot drive-through quick-service restaurant on a 2.67-acre portion of a larger 12.19-acre parcel at Emerson Drive NW and Glencove Avenue NW.
The applicant is Summit Shah of Ganesh of Titusville, LLC, represented by Carmine Ferraro of Crossover Commercial Group, Inc.
At its May 6, 2026 meeting, the Planning and Zoning Board voted to recommend denial by a vote of 7 to 0. The P&Z motion read: “Motion by Mr. Norris, Seconded by Mr. Catalano to submit Case CU25-00003 to the City Council for denial due to failure to meet the criteria of Palm Bay Code of Ordinances Section 174.041(F) as the proposed use would constitute a nuisance and hazard because of vehicular traffic movement, delivery of fuel movement, noise and fume generation.”
The surrounding area is residential to the north and east, with RS-2 Single-Family Residential zoning on both sides. The parcel sits in Neighborhood Commercial (NC) zoning, and the requested conditional use falls under Section 173.021 of the Palm Bay Code of Ordinances.
Council is not bound by the P&Z recommendation, but a vote to approve would override a unanimous denial by the city’s own planning advisory board. Overrides of unanimous P&Z denials are uncommon in Palm Bay.
If approved, the applicant would be required to design, permit, and construct a westbound right-turn lane on Emerson Drive NW before receiving a certificate of occupancy. The applicant would have two years from the effective date to begin work, with one administrative extension available.
This is a quasi-judicial proceeding. Council members who have had contact with the applicant or others about the project outside the public hearing are required to disclose that contact before the vote.
Dispensary Ban: Final Vote Thursday
Ordinance 2026-13 reaches its second and final reading Thursday. If adopted, the ordinance permanently prohibits new medical marijuana dispensaries within Palm Bay’s city limits, effective immediately.
The ordinance amends Title XI, Chapter 120 of the Palm Bay Code of Ordinances. The new operative language reads: “(B) Medical marijuana treatment center dispensing facilities are prohibited within the municipal boundaries of the City of Palm Bay.”
Dispensaries already operating lawfully in the city would not close. They would be grandfathered as nonconforming uses under Title XVII, Chapter 173, Part 9 of the Palm Bay Code. The ordinance is authorized under Section 381.986(11), Florida Statutes.
The Planning and Zoning Board recommended the ban to Council on May 6, 2026 by a 6-to-1 vote. Deputy Mayor Mike Jaffe is the sponsor.
The ordinance text as submitted for final reading is substantively unchanged from the version presented at first reading on May 7, 2026.
Public comment is open on this item.
Charter Amendments: Eight Proposals, November Ballot
Under New Business, Ken Delgado, Chair of the Charter Review Commission, will present eight proposed charter amendments to Council for review and approval. The Commission also faces a vote on dissolution Thursday.
If Council approves the amendments, city staff will draft an implementing ordinance for the first regular Council meeting in July 2026. The deadline to submit ballot questions to the Supervisor of Elections is August 17, 2026. The amendments would go to Palm Bay voters on the November 3, 2026 general election ballot.
The eight proposals cover: clarifying constitutional references in the charter; restructuring how council vacancies are filled; adding U.S. citizenship requirements for the City Clerk, City Attorney, and City Manager; codifying public comment rules into the charter (including a five-second broadcast delay); reducing the initiative and referendum petition signature threshold from 10 percent to 4.5 percent of registered electors; and changing term limits so that three four-year terms, or 12 years total, apply whether service is consecutive or non-consecutive.
The estimated cost to put the amendments on the ballot is $10,000, which could increase if the ballot exceeds one page.
A separate Palm Bayer feature on these proposals and their legal dimensions is in preparation.
Money Items on the Consent Agenda
The consent agenda carries several significant expenditures that pass with a single vote unless a council member pulls an item for separate discussion.
Emerson Drive/SJHP Signalization – $845,721. Council will consider approving use of Transportation Impact Fees and awarding a piggyback contract to Traffic Control Devices, LLC (piggybacking City of Orlando Contract No. IFB 24-0054) for a traffic signal at the intersection of Emerson Drive NW and St. Johns Heritage Parkway. The city retained responsibility for the signalization when a private developer built roadway improvements. The mast arm design accommodates a future four-lane SJHP configuration. Public Works Director Kevin Brinkley and Interim Chief Procurement Officer David Gragan are the key staff on this item.
Malabar Road Widening Design – $10.03 Million. Resolution 2026-07 would amend an existing Local Agency Program (LAP) agreement with FDOT for design of Malabar Road widening from Minton Road to St. Johns Heritage Parkway (Project FPN 437210-1-38-01). The revised agreement reflects a phased approach and removes the proposed roundabout at Malabar Road and St. Johns Heritage Parkway – that roundabout moves to a separate project. Total estimated design cost is $10,030,000. FDOT will reimburse $3,039,000; the remainder is budgeted in project 22PW01. The road currently operates at 93 percent of maximum acceptable volume from Jupiter Boulevard to Minton Road.
SCADA Contract – $1.5 Million Plus $250,000 Per Year. The city’s water and wastewater supervisory control and data acquisition (SCADA) system needs an upgrade. Council will consider awarding 25-RFP-26 to Prime Controls, L.P. for 12 months, with four renewal options. Estimated cost is $1,500,000 in upgrades and $250,000 per year for maintenance and repairs. The city solicited 846 firms; two responded. Utilities Director Gabriel Bowden is the key staff contact.
Fire Assessment Study – Approximately $75,000. Council will consider authorizing use of Fire Rescue Impact Fees to fund a study on methodology for a non-ad valorem fire assessment. In February 2026, Council approved Resolution 2026-03 to preserve the uniform method of collecting non-ad valorem assessments beginning October 1, 2026. This study determines how that assessment would be calculated and collected. Fire Chief Richard Stover is the key staff contact. The study is a precursor to a future assessment that would appear on Palm Bay residents’ property tax bills.
CDBG and HOME First Hearings. Council will hold first public hearings on the city’s Program Year 2026 Community Development Block Grant ($805,531) and HOME Investment Partnerships ($225,495) allocations. Final approval is scheduled for July 2, 2026. The CDBG funds seven public service agencies, three park improvement projects, and a down payment assistance program. HOME funds a new construction rental home in the Driskell Heights neighborhood by Macedonia Community Development Corporation of South Brevard.
Other Items
School Resource Officers (Unfinished Business). Two SRO agreements continued from the April 16, 2026 meeting return Thursday. Council will consider a Memorandum of Understanding with the Brevard County School Board covering three schools (Southwest Junior High, Bayside High, and Heritage High) at $77,000 reimbursement per school, totaling $231,000, for up to 14 officers citywide effective July 1, 2026. A separate agreement covers one SRO at Odyssey Charter Jr/Sr High School at a $77,000 reimbursement. Chief of Police Jeff Spears is the key staff contact on both items.
Flock Camera System (Discussion Only). Council will discuss the Flock Safety license plate reader system. No vote is scheduled and no staff memo is in the packet. The outcome of this discussion may set the stage for a future procurement action.
Disaster Recovery Debris Removal. The consent agenda includes award of 29-RFP-26 for Disaster Recovery Debris Removal Services: Ceres Environmental Services, Inc. (primary), CrowderGulf Joint Venture, Inc. (secondary), and DRC Emergency Services (tertiary). No appropriation is attached; costs activate per incident.
Floodplain Code Update – Continued. Public Hearing 5 (Case T26-00003), a textual amendment to the city’s floodplain management code, will be continued to the August 6, 2026 regular Council meeting at staff’s request.
HOME/SHIP Program Amendments. Council will vote on increasing the maximum HOME Housing Rehabilitation award from $75,000 to $100,000 per home and aligning SHIP lien and forgiveness periods to match HOME. Growth Management Director Althea Jefferson, AICP, is the key staff contact.
How to Attend
The meeting begins at 5:30 PM with the State of the City message and at 6:00 PM for the regular session. Council Chambers are at 120 Malabar Road SE, Palm Bay, FL 32907. The agenda packet is available through the PrimeGov portal at palmbayflorida.primegov.com.
Sources
- City of Palm Bay Regular Meeting 2026-15 Agenda Packet, 331 pages, packet date May 14, 2026
- Resolution 2026-08 (Case CU25-00003), Public Hearing 1
- Ordinance 2026-13, Public Hearing 4, full caption and operative text
- P&Z Board votes May 6, 2026 (CU25-00003, Ord 2026-13)
- City Clerk Terese Jones legislative memorandum re Charter Review Commission amendments, packet pp. 306-321
- Resolution 2026-07 (Malabar Road LAP Amendment, amending Resolution 2025-44), Consent Item 5
- Palm Bay Code of Ordinances: §173.021, §174.041(F), §120.02, §120.03, Title XVII Ch. 173 Part 9
- Florida Statutes: §381.986(11)
