Palm Bay Council Approves Cannabis Ban, Clears 1,200-Acre Everlands Development on Split Votes

Palm Bay’s May 7 meeting ran four hours, produced five contested votes, and ended with news the city buried at the back of the agenda: FDOT is proposing a $2 million interchange rebuild at Malabar and I-95 at no cost to Palm Bay.

Palm Bay, FL – The City Council passed a citywide ban on new cannabis dispensaries, cleared the path for a 1,198-acre residential development on the city’s western edge, and approved a rezoning that overrode the Planning and Zoning Board’s 4-1 denial, all at the same meeting Thursday night. The votes on the Everlands West development package and the Centerpointe Church rezoning split 3-2 and 4-1 respectively, making May 7 one of the more contested single sittings in recent council history.

The South Regional Water Reclamation Facility also got its first public status update since the April 16 emergency. Cathcart Construction is on site, a June 22 startup target is now on record, and the deficiency list has grown from 86 to nearly 90 items.

Cannabis ban passes first reading, 4-1

Ordinance 2026-13 passed its first reading by a vote of 4-1, with Councilman Mike Hammer casting the lone dissent.

Deputy Mayor Mike Jaffe, who sponsored the ordinance, framed the ban as a response to Florida’s preemption of local zoning authority. Under Section 381.986(11), Florida Statutes, cities that do not ban dispensaries outright lose the ability to cap their number or restrict their locations beyond the rules that apply to licensed pharmacies. Jaffe said he counted more than 13 dispensaries currently operating in Palm Bay.

“The state doesn’t give us the option to control the free enterprise in Palm Bay by taking away our home rule,” Jaffe said. “This is hopefully a long-term play where the lobbyists for the marijuana industry can change that and allow us to manage this through zoning classifications.”

The ordinance prohibits new medical marijuana treatment center dispensing facilities within the city’s municipal boundaries and designates any dispensary operating lawfully on the enactment date as a nonconforming use under Title XVII, Chapter 173, Part 9 of the city code. Existing operators keep their locations. No new ones can open.

Councilman Hammer objected on free-market grounds. “You’re not going to build 13 in Palm Bay if they’re not needed,” he said. “I think we should let the market control this.” Mayor Medina noted the tradeoff plainly: “It’s all or nothing. We would have preferred to do it in the zoning class.”

Councilman Kenny Johnson said he supports the ban and floated extending the same approach to liquor stores, though he acknowledged that is a separate and more complicated question. The second reading is scheduled for May 21.

Centerpointe rezoning approved over P&Z denial, 4-1

Ordinance 2025-44 received final adoption on a 4-1 vote, with Hammer again dissenting. The ordinance rezones 10 acres north of Emerald Road, south of Valor Drive, and west of Cavern Avenue from Rural Residential (RR) to Single-Family Residential RS-1, enabling a 33-home subdivision within a 41-lot project for Centerpointe Church.

The vote came after the Planning and Zoning Board recommended denial 4-1 last September, citing rural residential as a “rarity in Palm Bay” and prioritizing green space preservation. The item returned to Council on final reading with a Settlement Agreement attached, and the applicant’s request was downgraded from RS-2 to the less-dense RS-1 as part of that settlement. An emergency access requirement across the applicant’s property was also incorporated as a condition in the ordinance.

Johnson, who made the motion to approve, told Council he considers the negotiated settlement “the best-case scenario” compared to what the Live Local Act could have allowed on the same parcel. “We had mediation, and that could have gone totally awry, but both parties came to an agreement,” he said.

Hammer said he respects the church and has heard from residents about the good it does in the community. His objection was infrastructure timing, not the applicant. “We have some infrastructure and other deficiencies that I can’t in good faith give a yes for,” he said.

Mayor Medina said a personal decision to change his vote had been weighing on him since the last reading. He voted in favor.

Everlands West cleared on split vote; FLUM amendment splits differently

The paired ordinances for Palm Vista Everlands West each passed 3-2, but with different dissenting pairs, underscoring the divided council view of the 1,198-acre project.

Ordinance 2026-10, the companion Future Land Use Map amendment shifting the property from a mix of Low Density Residential, High Density Residential, Commercial, and Recreational and Open Space designations to a single Neighborhood Center designation, passed 3-2. Councilmen Johnson and Hammer voted no. Langevin, Jaffe, and Medina voted yes. A motion to deny the amendment, made by Johnson, failed 2-3 before the approval motion succeeded. City Attorney Patricia Smith will transmit the approved FLUM amendment to the Florida Department of Commerce for state review.

Ordinance 2026-11, the Preliminary Development Plan for the Planned Unit Development, also passed 3-2 on a Langevin motion seconded by Jaffe. Johnson and Hammer voted no. Mayor Medina noted that the motion included “the added potential of increasing discussions of four-laning” St. Johns Heritage Parkway as development phases in, a condition Hammer had pressed for on the record.

The project, proposed by Millrose Properties Florida, LLC, totals approximately 2,360 residential units (1,600 single-family, 760 multifamily) and 145,000 square feet of non-residential space at the northwest corner of St. Johns Heritage Parkway NW and the Melbourne-Tillman Water Control District Canal Number One. The Planning and Zoning Board recommended approval on a 3-2 vote. Staff’s memo acknowledges the development will require roughly 12 additional sworn police personnel and a quint apparatus at a proposed Fire Station 8 to maintain city service levels. Transportation improvements on St. Johns Heritage Parkway are required as permit thresholds are hit: proof of funding or proportionate-share mitigation at the 1,000th building permit, and construction underway or equivalent capacity at the 1,800th.

Neither ordinance is final entitlement. The FLUM amendment goes to state review. The PUD approval requires a subsequent Final Development Plan, at which point phasing, transportation contributions, and a Development Agreement will be finalized. No building permits issue until the FDP is approved.

SRWRF update: Cathcart on site, June 22 targeted

Utilities Director Gabriel Bowden gave the first detailed public status update on the South Regional Water Reclamation Facility since the April 16 emergency procurement. Bowden said Cathcart Construction mobilized April 20, four days after Council authorized the $2.4 million emergency contract, and that Cathcart had the site safe enough within weeks for emergency vehicle access.

The deficiency list has grown to approximately 90 items, up from the initial 86-plus. Forty-six are high-priority items that must be resolved before startup. Another 11 are needed at or around startup. Thirty-two are lower-priority items that can be addressed after the plant is running.

City staff met with the project’s surety on May 5 and came away with an in-principle agreement to move forward. The surety has paid out more than $2 million in payment bonds to subcontractors from the original terminated contractor, R.J. Sullivan, which was removed from the project on February 5.

Bowden’s stated timeline: pipe coatings, grate repairs, and manhole lining through the week of May 11; wet checks of all systems except the Kubota membrane system targeted for June 1; the Kubota headworks rebuild complete by the week of June 8; full plant startup attempted that same week; flows received by June 22. “From this Tuesday, when we talked with the surety and got the green light, to June 22 will be about 48 days,” Bowden said. “We’ll be working very hard to make that happen.”

Remaining contract value is $832,088, with retainage of $828,523 and approximately $195,000 in remaining subcontractor work. Cathcart’s own site work costs are still being calculated and will be presented at the next update in two weeks. Bowden did not address FDEP permit compliance status in the presentation.

Mayor Medina said he had visited the site and observed the crew working. City Manager Matthew Morton said the city will continue weekly updates to Council. “Really proud of the progress, the team, and of course Cathcart Construction,” Morton said.

Lobbying contract tabled to July over procurement process concerns

Council did not award the State Lobbying Services contract as scheduled. The item went back to July’s second regular meeting after City Attorney Patricia Smith warned that Council’s stated preference for incumbent Sunrise Consulting over the top-ranked finalist, The Southern Group of Florida, could expose the city to a bid protest if Council could not articulate how the evaluation criteria supported that preference.

Staff’s evaluation team, led by Morton, ranked Southern Group first at 92.33 points, ahead of GrayRobinson PA at 86.27, Corcoran Partners at 72.00, Sunrise at 69.61, and Colodny Fass at 60.00. The contract would run one year initially, with four one-year options, capped at $72,000 annually.

Smith told Council: “You all can’t now decide there is criteria that they use in which they were evaluated, which was a published criteria. What you all are saying is, ‘we like who we’ve got.’ I don’t know that that’s the only criteria.”

Councilman Langevin made a motion to table to the second July meeting. It passed unanimously. The month of June has no scheduled council meeting.

Mayor Medina also disclosed on the record that he had removed himself from the evaluation committee because he recognized a GrayRobinson attorney who had donated to a charitable family Christmas event Medina organized in a ministerial capacity before he was elected. The procurement officer advised him to step back. Medina said he made the disclosure publicly at the time but Councilman Johnson was not present for that meeting.

Traffic signal contract and fuel contract approved

Council approved two additional procurements without discussion. The $440,000 traffic signal installation, repair, and preventive maintenance contract with Traffic Control Devices, LLC is a piggyback on a City of Orlando contract. The work covers signal span wire replacement at five intersections, some with wires 17 to 33 years old. The contract passed 5-0.

Council also approved adding Mansfield Oil as a supplemental fuel supplier through a Sourcewell cooperative purchasing agreement, 5-0. Morton said the city has consumed roughly 48 percent of its fuel budget through this portion of the fiscal year, which he attributed to a shift away from fleet fuel cards toward direct fuel depot use.

Cingular tower lease: $768,000 over 25 years

Council approved a new co-location ground lease at 1050 Malabar Road with New Cingular Wireless PCS, LLC (AT&T), 5-0. The city negotiated the base rent from an initial $12,000 per year with a 3% annual escalator up to $24,000 per year with a 2% escalator. Over the 25-year maximum term (an initial five-year term plus four five-year options), the lease generates $768,727. Deputy City Manager Brian Robinson said the renegotiation added more than $331,000 compared to the earlier proposal. The lease includes a co-termination clause tied to the main monopole lease.

At the back of the agenda: the Malabar interchange story

After Council Reports were read, Deputy City Manager Jason DeLorenzo presented FDOT concepts for improving the Malabar Road/I-95 interchange and the San Filippo Drive corridor. The concepts include a third left-turn lane from Malabar onto I-95 northbound, a fourth westbound lane through the interchange, and a third southbound lane on San Filippo extending to Community College Parkway. Construction cost estimates run between $2 million and $2.5 million, not including design. FDOT is asking for a letter of support from the city. The Space Coast Transportation Planning Organization expects to handle the funding gap. There is no projected cost to Palm Bay.

The concepts came from a briefing FDOT gave city staff on Wednesday, May 6. DeLorenzo said the temporary lane adjustments at the interchange, which Council approved as a short-term traffic management measure, generated data that accelerated FDOT’s interest. “They don’t always get those kinds of results that quickly,” Morton said.

Council gave consensus to issue a letter of support. The designs are not yet ready for public release.

Morton also asked for consent on a separate letter from Mayor Medina to the U.S. Secretary of Transportation supporting the Safe Streets and Roads for All grant application for a DeGroodt Road sidewalk project from Gamewell Road to Jupiter Boulevard. Council approved.

Council reports roundup

Councilman Johnson asked Morton to explore issuing an RFP for a retail recruitment firm as a backup if the economic development director search does not produce a strong candidate. Morton said two high-caliber interviews are scheduled for the following week and agreed to bring the RFP idea back if those do not result in a hire.

Johnson also proposed allowing duplexes in RS-2 and RS-3 zones and asked for a staff direction to study it. Morton said the Land Development Code update scheduled for July could incorporate that question. The Mayor held off on issuing a direction, saying he did not want to overload Morton’s team before budget season.

Johnson separately reported that he and Morton met with Brevard County School Board Superintendent Dr. Rendell and Chief of Staff Rashad Wilson about SRO reimbursement rates. The school board moved its offer from $52,000 to $77,000. Johnson said he plans to advocate for a 75% reimbursement rate at the board’s Tuesday meeting.

Deputy Mayor Jaffe reported that Space Coast Marina, whose development on Turkey Creek Canal received Army Corps of Engineers permits recently, needs city action to resolve a reversion clause on an adjacent city-owned parcel donated in 1987 for park or drainage purposes. Council gave consensus to direct the City Manager and City Attorney to advance conversations with the marina developer, contingent on the developer providing proof of funds and concept drawings.

Jaffe also introduced the prospect of on-site compacted sewer systems (via a company called Onsite) as a potential alternative to septic in Palm Bay. The technology is in use in Apopka, Fla. Jaffe asked for staff to have six months to evaluate feasibility. Morton agreed to report back.

Jaffe asked the City Attorney for an update on Rolling Meadows and the resolution of necessity. Smith said she had no update to offer.

Mayor Medina sought Council consensus to send a letter to Ken Griffin, CEO of Citadel, inviting him to invest in Palm Bay. Council agreed. Medina also praised the joint response by Palm Bay PD, Fire Rescue, Brevard County Sheriff’s Office, Division of Forestry, and Public Works to fires at the Compound, referencing the city’s problem property near the Palm Bay/Grant-Valkaria area.

City Manager Morton noted that in five years of the Finance Department’s current leadership, the city has not needed to draw on undesignated fund balances. He previewed a Public Works open house on roundabouts scheduled for May 18 at 5:30 PM and offered the SS4A DeGroodt Road sidewalk grant letter request noted above. He closed with an update on compound fire response, indicating more information will be released when ready.

City Attorney Smith announced an attorney-client session on four active litigation matters, scheduled for May 12 at 5:00 PM. The cases are: Dugan v. City of Palm Bay, Vaughn v. City of Palm Bay, Tillman v. City of Palm Bay, and Casales v. City of Palm Bay.

This story is also published at news.thepalmbayer.com/news/rcm-2026-05-07-recap/ with additional inline visuals, related coverage links, and a video embed where available.

Sources

• RCM 2026-13 named transcript: 9,846 lines, speaker map verified, 26 confirmed + 8 high-confidence identities
• City Council Regular Meeting 2026-13 Agenda and Packet, May 7, 2026 (1,012 pages, PrimeGov portal)
• Ordinance 2026-13 (Cannabis Dispensary Ban), packet pages 978-982
• Ordinance 2025-44 (Centerpointe Rezoning), packet pages 403-406; 33-home/41-lot figures verified from Z25-00003 Staff Report, packet p.349
• Ordinance 2026-10 (Millrose FLUM Amendment), packet pages 407-410
• Ordinance 2026-11 (Palm Vista Everlands West PUD), City Manager memo packet pages 578-584
• Section 381.986(11), Florida Statutes
• Palm Bay Council April 16 SRWRF Emergency Recap
• VIP.csv and Staff Directory for name verification