Brevard County Board of County Commissioners

Tuesday, November 14, 2023 5:00 PM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular November 14, 2023 A. CALL TO ORDER 5:03 PM Rollcall Commissioner District 1 Rita Pritchett, Commissioner District 2 Tom Goodson, Commissioner District 3 John Tobia, Commissioner District 4 Rob Feltner, and Commissioner District 5 Jason Steele Present: C. PLEDGE OF ALLEGIANCE Commissioner Goodson led the assembly in the Pledge of Allegiance. Chair Pritchett advised the Board she is going to rearrange the schedule just a little bit to help people get out of here if they have a short item; she had a request to perhaps table Item F.22., but she wants to find out where the Commission is at on it, because it will make a difference on where this Item is placed; and she asked if any Commissioner would like to table this Item. She stated the Board will hear Item F.22., but she is going to move it to right before the I. Items, because she has a lot of cards; and she thinks the other Items are going to move fairly quickly. D. MINUTES FOR APPROVAL The Board approved the September 5, 2023, First Budget Hearing, and the September 12, 2023, Regular Meeting Minutes. Result: APPROVED Mover: Jason Steele Seconder: John Tobia Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele ITEMS PULLED FROM CONSENT AGENDA Commissioner Tobia stated he would like to pull Item F.28., Acknowledge Receipt of the County’s Municipal Community Redevelopment Agencies FY 2023/2024 Adopted Budgets, from the Consent Agenda for discussion. F.28. Acknowledge Receipt of the County’s Municipal Community Redevelopment Agencies FY 2023/2024 Adopted Budgets Commissioner Tobia stated upon the suggestion of Chair Pritchett, the Board agreed to put all Commission office purchases and travel in the Bill Folder for transparency and easy public access; some Community Redevelopment Agencies (CRA) detail their travel budgets in the same way the Board does; unfortunately, a number of them do not; three of them list travel expenses but do not list the number of days and people attending, what conference, or the location of the stay; and further, another CRA has a $4,000 expense listed as ‘promotional activities’. He went on to say this was concerning to him, a $35,229 expense listed as ‘other charge’; none of these are small expenses, they are clearly in the thousands; he probably would have done this in the past, that he could do a public record request, however, that may seem as abrasive, so he wanted to see if he could get a feel from the Board if he or she was interested in the Chair sending out a letter to these CRA’s; and there are just three of them, asking for a little more detail on travel, the number of days, number of people traveling, what conference, and location of the stay; a little bit more detail on what the promotional activity is; again, he thinks a line item for $35,000 as ‘other charges’ is just not good enough; and he has a sample letter. Commissioner Goodson inquired if the Board could also ask in that request that the Board is Page 1 of 31 November 14, 2023 provided with their budgets, because he has not seen them; and did the Board see the entire budgets. Commissioner Tobia replied affirmatively; he stated they were attached to the Agenda; he would be more than willing to share it; he reiterated the Board did receive the CRA budgets; and he provided a copy to Commissioner Goodson of the entire CRA budgets. Chair Pritchett stated she thinks sometimes these things are in questions, they are hard to figure out unless a line item breakdown is received. Commissioner Tobia stated the line item for $35,000 as other charges would raise a red flag if it came out of one of the Board’s Commission offices. Chair Pritchett noted they can put something on the side to note what they are for. Commissioner Tobia pointed out he is sure it was proper. Chair Pritchett agreed with Commissioner Tobia, and she stated she thinks it is a good idea; what she is working on at the beginning of the year is that anyone who serves on an elected capacity is going to send the County Commission their data for travel; it is probably fine; but there is no other way to see it unless a public records request is done, which feels personal; and she will bring it back to the Board in January or February that anyone who sits as an elected position would be turning their data in to put on the County’s Agenda just so people can see what is being spent. Commissioner Tobia provided his draft letters to Chair Pritchett. The Board acknowledged receipt of the County’s Municipal Community Redevelopment Agencies FY 2023-2024 adopted budgets; and authorized the Chair to send a letter, on behalf of the Board, to the City of Cape Canaveral CRA, City of Titusville CRA, and City of Rockledge CRA, requesting additional information regarding their 2023-2024 adopted budgets. Result: APPROVED Mover: John Tobia Seconder: Jason Steele F.1. Approval to submit grant application and execute associated agreement, modifications and amendments upon awarding of the Department of Environmental Protection’s (DEP) Wetlands Restoration and Protection Grant for the Jefferson Marsh Mosquito Impoundment Culvert Project. The Board approved the Mosquito Control District to apply for the Department of Environmental Protection (DEP) Wetlands Restoration Grant, with DEP currently prioritizing initial project proposals; authorized the County Manager to execute the Grant Agreement, future grant amendments, and modifications, if grant is awarded by DEP, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; and authorized the County Manager to approve all associated Budget Change Requests (BCR). Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.2. Florida Department of Environmental Protection Grants: LPA0474 - Eau Gallie NE Environmental Dredging and Interstitial Water Treatment; Page 2 of 31 November 14, 2023 LPA0475 - Grand Canal Phase 5 Environmental Dredging and Interstitial Water Treatment; and LPA0478 - Sykes Creek Phase 2 Environmental Dredging and Interstitial Water Treatment The Board approved the three Grant awards from the State and authorized the County Manager, or his designee, to execute all contracts, amendments, and modifications for Environmental Dredging and Interstitial Water Treatment Projects, upon review by the County Attorney’s Office, Risk Management, and Purchasing Services related to the following Florida Department of Environmental Protection (FDEP) Grant Agreements: LPA0474 – Eau Gallie NE Environmental Dredging and Interstitial Water Treatment, LPA0475 – Grand Canal Phase 5 Environmental Dredging and Interstitial Water Treatment, and LPA0478 – Sykes Creek Phase 2 Environmental Dredging and Interstitial Water Treatment; approved and authorized Task Orders and Change Orders, as required in excess of $100,000 to accomplish work approved under these State Contracts; and authorized any necessary Budget Change Requests (BCR). Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.4. Approval of Resolution to Re-Purchase Property in County-Owned Commerce Park in Titusville The Board adopted Resolution No. 23-131, permitting the re-purchase of approximately nine and eight/tenths (9.8) acres of industrial land in the County-owned Spaceport Commerce Park in Titusville for $362,600 from the entity known as Dark Storm Development, LLC (Dark Storm Industries), using reserve monies held by the North Brevard Economic Development Zone (NBEDZ); and authorized the Chair to execute the Contract for Sale and Purchase and all documents in connection thereof. Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.5. Approval RE: Disbursement of Educational Facilities Impact Fees (Districts 1-5) The Board authorized the disbursement of Educational Facilities Impact Fees in the amount of $6,183,887.37 to the Brevard County School Board, in accordance with the terms of the Interlocal Agreement; and authorized the Budget Office to execute any necessary Budget Change Requests (BCR) to implement this disbursement. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.6. Re-opening of Public Hearing for Charles Steven Douglas and Debra Kay Douglas, Trustees; and Sandra J. Douglas (Brittany LcCun) (23Z00023) (District 3) The Board approved the re-opening of the Public Hearing for 23Z00023 (Charles Steven Douglas and Debra Kay Douglas Trustees; and Sandra J. Douglas (Brittany LcCun)) for the December 7, 2023, Board meeting. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia Page 3 of 31 November 14, 2023 F.7. Preliminary Development Plan (PDP) Amendments, Re: Fortenberry Road Apartments Planned Unit Development (PUD) Minor Amendment #1 (23PUD00003 & 22Z00062). (District 2) The Board confirmed the proposed amendments to the Fortenberry Road Apartments Planned Unit Development (PUD) that are not considered substantial and are within the administrative approval authority provided to the Zoning Official by Brevard County Code of Ordinances. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.8. Approval, Re: Dedication of Utility Easement from Space Coast Credit Union for the Space Coast Credit Union Lake Andrew Drive Project - District 4. The Board accepted the Utility Easement from Space Coast Credit Union for the Space Coast Credit Union Lake Andrew Project. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.9. Approval, Re: Brevard County Board of County Commissioners Written Consent to Easements in Connection with the City of Cocoa’s Granting a Utility Easement and a Temporary Construction Easement to Pivotal Utility Holdings, Inc., doing business as Florida City Gas for the Construction of a Pipeline over Lee Wenner Park - District 2. The Board approved and authorized the Chair to execute the Written Consent to Easements in connection with the City of Cocoa’s granting of a utility easement and temporary construction easement to Pivotal Utility Holdings, Inc., doing business as Florida City Gas, for the construction of a pipeline over Lee Wenner Park. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.10. Approval, Re: Conveyance of Championship Circle NW Right-of-Way to the City of Palm Bay-District 5. The Board adopted Resolution No. 23-132, authorizing conveyance of County property; and approved and authorized the Chair to execute the Interlocal Agreement and County Deed with the City of Palm Bay for conveyance of Championship Circle NW right-of-way. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.11. Adopt Resolution and Release Performance Bond: Pineda Boulevard West Extension Segments F, G, & H, Phases 1 -3 - District 4 Developer: The Viera Company The Board adopted Resolution No. 23-133, authorizing the release of the Contract and Surety performance Bond dated August 30, 2022, for Pineda Boulevard West Extension Segments F, G, and H, Phases 1-3 Subdivision/Road Plat, Developer: The Viera Company. Result: ADOPTED Page 4 of 31 November 14, 2023 Mover: Tom Goodson Seconder: John Tobia F.12. Adopt Resolution and Release Performance Bond: Laurasia Subdivision, Phase 1 - District 4 Developer: The Viera Company The Board adopted Resolution No. 23-134, authorizing the release of the Contract and Surety Performance Bond dated July 12, 2022, for Laurasia Subdivision, Phase 1, Developer: The Viera Company Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.13. Adopt Resolution and Release Performance Bond: Egret’s Reserve - District 2 Developer: Egret’s Landing MI, LLC The Board adopted Resolution No. 23-135, authorizing the release of the Contract and Surety Performance Bond dated February 7, 2023, for Egret’s Reserve, Developer: Egret’s Landing MI, LLC. Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.14. Approval, Re: Dedication of Drainage Easement from Yardco Cocoa Holdings, LLC for the Yardco Cocoa Holdings, LLC Project - District 1. The Board approved acceptance of the Drainage Easement from Yardco Cocoa Holdings, LLC for the Yardco Cocoa Holdings Project. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.15. Approval Re: Interlocal Agreement with the School Board for New Middle School Access Improvements - District 4 The Board approved and authorized the Chair to execute the Interlocal Agreement with the School Board pertaining to the new middle school access improvements at 6093 Stadium Parkway in Viera; and authorized the County Manager to approve any necessary Budget Change Requests (BCR) associated with this action. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.16. Approval Re: Agreement between the Brevard County Board of County Commissioners and Community of Hope, Inc. (District 1) The Board approved and authorized the Chair to execute an Agreement with Community of Hope, Inc.; authorized the Housing and Human Services Director to execute any future amendment(s) or modification(s) upon approval by the County Attorney and Risk Management; and authorized the County Manager to execute any necessary Budget Change Requests (BCR). Result: APPROVED Page 5 of 31 November 14, 2023 Mover: Tom Goodson Seconder: John Tobia F.17. Approval Re: Acceptance of Donations from the Estate of Mr. Earl E. Eblin, Jr. Direct Assets to be Deposited into a Specifically-Designated Account for the South Mainland Library. The Board approved and authorized the County Manager to accept the donation from the Estate of Mr. Earl E. Eblin, Jr. with direct assets to be deposited in a specifically designated account for the South Mainland Library; authorized the County Manager to execute any documents necessary from Mr. Eblin’s Estate, upon approval by the County Attorney’s Office; and authorized the County Manager to execute any necessary Budget Change Requests (BCR). Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.18. Board Approval: Florida 9-1-1 Region 5 Next Generation 9-1-1 Routing Project Memorandum of Understanding (MOU) The Board approved and authorized the Chair to execute the Florida 9-1-1 Region 5 Next Generation 9-1-1 Routing Project Memorandum of Understanding (MOU); and authorized the County Manager to submit and execute required Budget Change Requests (BCR), documents, amendments or other administration actions to the MOU, subject to approval by the County Attorney’s Office and Risk Management. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.19. Board Approval: Interlocal Agreement between the Board of County Commissioners and Brevard Public Schools (BPS) or support of the BPS 9-1-1 Telecommunicator Vocational Program by the County’s 9-1-1 Systems Administration..End The Board approved and authorized the Chair to execute the Interlocal Agreement with Brevard Public Schools (BPS) for support of the BPS 9-1-1 Telecommunicator Vocational Program by the County’s 9-1-1 Systems Administration; and authorized the County Manager to submit and execute Budget Change Requests (BCR), documents, amendments, or other administrative actions to the Interlocal Agreement, subject to approval by the County Attorney’s Office and Risk Management. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.20. Acknowledge receipt of the FY 2023-2024 Parrish Medical Center Revenue and Expense Budget and Millage Resolution The Board acknowledged receipt of the FY 2023-2024 Parrish Medical Center revenue and expense budget and Millage Resolution. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia Page 6 of 31 November 14, 2023 F.21. FY 2024 Meeting Schedule for Community Development Districts The Board acknowledged receipt of the FY 2024 Meeting Schedule for the Baytree Community Development District, Chaparral of Palm Bay Community Development District, Heritage Isle at Viera Community Development District, Mayfair Community Development District, PBR Community Development District, Tranquility Community Development District, Viera East Community Development District, Viera Stewardship Community Development District, and Willow Creek Community Development District. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.23. Resolution approving the issuance by Brevard County Housing Finance Authority of Multi-Family Housing Revenue Bonds (Oak Meadows Project), in an amount not to exceed $17,600,000 The Board adopted Resolution No. 23-136, authorizing the issuance by the Brevard County Housing Finance Authority of multi-family housing revenue bonds to finance the acquisition, rehabilitation, equipping, and development of the Oak Meadows Project, in an amount not to exceed $17,600,000. Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.24. Resolution approving the issuance by Brevard County Housing Finance Authority of Multi-Family Housing Revenue Bonds (Emerald Place Apartments Project), in an amount not to exceed $15,000,000 The Board adopted Resolution No. 23-137, authorizing the issuance by the Brevard County Housing Finance Authority of multi-family housing revenue bonds to finance the acquisition, rehabilitation, equipping, and development of the Emerald Place Apartments Project, in an amount not to exceed $15,000,000. Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.25. Resolution approving the issuance by Brevard County Housing Finance Authority of Single Family Mortgage Revenue Bonds, or in the alternative, the issuance of Mortgage Credit Certificates, or in the alternative, the issuance of Multifamily Revenue Bonds during 2024 through 2026. The Board adopted Resolution No. 23-138, authorizing the Brevard County Housing Finance Authority to apply for an allocation with the Florida Division of Bond Finance and to allow for the future issuance by the Brevard County Housing Finance Authority of single-family mortgage revenue bonds, or in the alternative, issuance of mortgage credit certificates, or in the alternative, issuance of multi-family revenue bonds during 2024 through 2026. Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.26. Resolution objecting to Florida PACE Funding Agency’s proposed levy of non-ad valorem assessments in Brevard County Page 7 of 31 November 14, 2023 The Board adopted Resolution No. 23-139, objecting to Florida PACE Funding Agency’s levy on non-ad valorem assessments in Brevard County. Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.27. Resolution authorizing the Chair to execute a Maintenance Memorandum of Agreement with FDOT pertaining to the A. Max Brewer Bridge The Board adopted Resolution No. 23-140, authorizing the Chair to execute a Maintenance Memorandum of Agreement with Florida Department of Transportation (FDOT) establishing the maintenance responsibilities for State Road 406, A. Max Brewer Bridge, and associated facilities. Result: ADOPTED Mover: Tom Goodson Seconder: John Tobia F.29. Proposed Revisions to Board Policy BCC-46, “County Commission Transition.” The Board approved the proposed revisions to Board Policy BCC-46, County Commissioner Transition. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.30. Proposed Revisions to Board Policy BCC-92, “Reimbursement of Expenses.” The Board approved the proposed revisions to Board Policy BCC-92, Reimbursement of Expenses. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia F.31. Bill Folder The Board acknowledged receipt of the Bill Folder, as submitted. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia G.1. Approval RE: Renewal of Lease with Farmland Reserve, Inc. d/b/a Deseret Ranches of Florida Chair Pritchett called for a public hearing to consider approval of a resolution and first release renewal with Deseret Ranches of Florida. Tom Mulligan, Solid Waste Management Director, stated this is requesting that the Board approve and authorize the Chair to execute a resolution and first release renewal with Deseret Ranches of Florida; and this is the first of two five-year renewals that are made available under the original 20-year Lease. There being no comments or objections, the Board adopted Resolution No. 23-141, authorizing the lease of County Property; and approved the First Amendment and First Lease Renewal Page 8 of 31 November 14, 2023 with Farmland Reserve, Inc. d/b/a Deseret Ranches of Florida. Result: ADOPTED Mover: John Tobia Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele I.1. Legislative Intent and Permission to Advertise, RE: Anchoring Limitation Areas Amanda Elmore, Natural Resources Management Deputy Director, stated this is legislative intent and permission to advertise modification to Chapter 122, entitled Waterways, to allow for the establishment of four Anchoring Limitation Areas (ALA) near the Eau Gallie and Melbourne Causeways; the ALA’s are depicted on the attachment three maps of the Board’s Agenda Packet; in March of this year the City of Melbourne passed a resolution to petition the County to adopt these areas; the areas would be clearly buoyed and marked; and vessels could moor for no longer than 45 days in any six-month period; and staff is happy to answer any questions the Board may have. The Board approved legislative intent and granted permission to advertise amendments to Chapter 122 Waterways, allowing for the establishment of four Anchoring Limitation Areas lying within the City of Melbourne’s and Brevard County’s waterways; and authorized the use of up to $10,000 in Brevard Boating improvement Program Funds for signage and buoys. Result: APPROVED Mover: Jason Steele Seconder: John Tobia Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele I.2. Performance Bond Reduction: Pangea Park, Phases 3 and 4 - District 4 Developer: The Viera Company Marc Bernath, Public Works Director, stated this Item is a request for a Performance Bond reduction for Pangea Park, Phases 3 and 4, in District 4, requesting the Board to release a portion of a Performance Bond; this is $10,682,650.49; as of October 27, 2023, they have a certificate of completion for Phase 3; and this in relation to Pangea Park for the Viera Company. The Board authorized releasing a portion ($10,682,650.49) of the Performance Bond provided with Contract dated February 21, 2023, for Pangea Park, Phases 3 and 4, Developer: The Viera Company. Result: APPROVED Mover: Rob Feltner Seconder: Jason Steele Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele I.3. Appointments, Re North Brevard County Hospital District Board Members Kathy Wall, Central Services Director, explained this is a request that the Board review the applications for consideration for appointment to the North Brevard County Hospital District Board for Seats Five and Six. Chair Pritchett stated this is a wonderful community hospital that North Brevard County has; Page 9 of 31 November 14, 2023 she thinks even the property it was built on was donated by some wonderful people that lived up there forever, Mr. and Mrs. Parrish; she just wanted to say that, because she is so proud of the hospital; there are some nominations provided; if the Commission would, she would like Dan Anton on it, as he is a new appointee; and Jerry Knoffel has been on there a while, so Mr. Anton is going to bring a new addition, as he is very smart. She went on to say she would also like to have Dr. Elizabeth Galfo; she is a Hospice doctor; she is very kind; and she does a lot of good work for the community. The Board reviewed applications for consideration of appointment to the North Brevard County Hospital District Board members for Seats Five and Six; and appointed Dr. Elizabeth T. Galfo to Seat Five and Dan Aton to Seat Six. Result: APPROVED Mover: Jason Steele Seconder: Tom Goodson Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele J.4 Reports, Re: John Tobia, Commissioner District 3 Commissioner Tobia stated employee recognition is for Michelle Long, Public Works Human Resources and Customer Support Specialist; she has 23 years of service in Brevard County; she started with Road & Bridge nearly 25 years ago, which now is part of Public Works; she served in a variety of roles from Administrative Secretary to Human Resources and Customer Service Specialist, each role adding to her extensive knowledge in Public Works matters; and she has spent years providing the citizens and employees with exceptional customer service and unwavering can-do attitude has given the distinction of one of the most valuable team members, and the go-to person whenever in doubt about an issue or inquiry. He went on by saying Ms. Long comes to work each day with a positive attitude, servant heart, and inspires others to be their personal best; and Ms. Long loves traveling with her family, spending time with her grandson Ezra, listening to music, and helping others in need. Commissioner Tobia pointed out Ms. Long’s position as a customer service support specialist dealing with the public, there is nothing more critical; the Board Members may be the face, but she is the one who does the work and has the communication, so the Commission greatly appreciates her service; and staying here until maybe the end of the meeting says a lot about her. Ms. Long stated she would not normally, but she will give the Board a fun fact about her employment; in August 1997 when she came to work for Road and Bridge, she was grateful for a job, she had recently been laid off; and it was Commissioner Goodson who reached out to a friend of his saying he had someone who needed a job, if there was a place for her, and she has been here ever since. Commissioner Goodson commented another fact that is amazing is Ms. Long is his cousin by marriage. Ms. Long pointed out she is his niece by marriage. Commissioner Goodson asked if is it niece; he stated he knew she was in the hen house somehow; she is as wonderful as Commissioner Tobia said; and that is the last thing he has ever done for anybody. E.1. Presentation by Mr. James Cannon, Intergovernmental Coordinator with St. Johns River Water Management District, “St. John’s River Water Management District Project Highlight”. Page 10 of 31 November 14, 2023 James Cannon stated the District and Brevard County have an extensive record of a successful partnership to support and facilitate water management programs and projects; those partnerships serve as an example of what can be accomplished when multiple entities work together with a shared vision and a common goal; the District has contributed to a number of projects over the last decade through cost-sharing, a program whereby the District provides a portion of the funding for qualified projects; and the sheets he handed to the Board show the completed, and in some cases still on-going, District-funded, cost-share projects since 2014, which were updated as of June this year. He went on by saying earlier this year the District actively kicked off a new effort to highlight some of those cost-share projects within their 18-county region, including here in Brevard County, using short videos; the specific projects chosen represent a good cross section of the work undertaken by the District and their partners; they think it is a good way to inform the public about the tremendous investments being made in the communities at both the County and the local levels, so he is here tonight to share one of those videos; and the video was provided to the Board and audience. He noted the estimated nutrient load reduction water quality benefit, the Indian River Lagoon, for just that project, shown in the video, is roughly 1,600 pounds per year of nitrogen; 1,600 pounds does not sound like a lot on the face, but if that is multiplied by the number of projects in Brevard County, the number of projects in their 18-county region, and the number of projects throughout the State, it starts to add up very quickly; that video is live as of today, it was posted on their YouTube Channel, which is youtube.com/user/floridaswater; and a number of other brief videos can be found with specific projects on that YouTube Channel. He commented Don Walker and his team are always welcome to share and post as they see fit; he expressed his appreciation to Brandon Smith for volunteering to be the star of that video; and he thanked the Board for providing him the time and opportunity to come here and to present that video. The Board acknowledged the presentation by Mr. James Cannon, Intergovernmental Coordinator with St. John’s River Water Management District, on the St. John’s Water Management District Project Highlight. F.22. Resolution approving the issuance by Brevard County Housing Finance Authority of Multi-Family Housing Revenue Bonds (The Venue at Heritage Oaks Project), in an amount not to exceed $16,750,000 Chair Pritchett stated she has speaker cards for this Item; and she asked if it was good to do the cards first or if the Board would like to open with comments. Angela Abbott, Attorney for the Brevard County Housing Finance Authority, stated the request before the Board is to approve the public hearings that the Authority held; there were actually two public hearings, but the final one was October 25th for the increased bond amount; there were no comments received at those public hearings; the application has met the Authority’s guidelines, and the developer is experienced and produces a quality project; and she is happy to answer any questions the Board has. Chair Pritchett advised this is kind of like a flow-through where the Board is able to pass this through so that the people who buy the bonds are able to get tax-exempt bonds for a little bit better of a deal for the families; and she asked if that is right. Ms. Abbott responded affirmatively; she stated the bonds will be issued by the Authority, not by the County, so there is no liability on the County’s part; the advantage of having the tax exempt financing is that there will be requirements for the project to be affordable to some degree; there is a 20 percent at 50 percent set aside, with the remainder at 120 percent of Area Median Income (AMI); and there is an affordability element. Page 11 of 31 November 14, 2023 Commissioner Steele asked in the event that the Board would not approve this tonight, would it be very simple for the developer to find other financing. Ms. Abbott replied she would expect it to be a market rate project at that point. Commissioner Steele asked if the Board stopped everything tonight, it would not kill the project, it would just make the developer go to another entity to make sure they had financing. Ms. Abbott remarked in all likelihood, they have indicated that. Debra Sandberg stated to please understand, she agrees affordable housing is needed, not only here in Brevard County but in the entire country; she implores each of the Commissioners, especially Commissioners Tobia and Steele, to please come and see the piece of property that is in question for the bond that this will serve; the property sits right on Minton Road, abutting Heritage Oaks Boulevard; there is a traffic light at the corner of Heritage Oaks Boulevard and Minton Road; and this road, Heritage Oaks Boulevard, serves the six communities, and it is a dead end street, one way in and one way out. She asked if any traffic studies have been done to see what the property in question will do to the immediate area; she noted the traffic on Minton Road is a nightmare most of the time anyway, especially in the morning and after work; there are a lot of children who walk and ride their bikes to Meadow Lane and Central Middle School from the six subdivisions, which is right down-the-road; the property in question is deeper than it is wider; and if this property is built, it will be next to an assisted living memory care center to the north and the six subdivisions to the east, with just the one road in and out. She commented once the vote on this bond is made, she is not 100 percent on this, it ties the hands of the City of West Melbourne because it is a Federal matter then, and everything would be in the developers’ hands as to how big, how wide, how tall, and what it is going to do to the roads; there is nothing in their immediate area that is three to four stories tall; and if a person wants to go down Minton Road, there is a ton of apartment complexes that it would probably be better served. Lori Smithey stated she is concerned that this is a matter of financing the project and that the developer may just go to someone else; she just wants to voice her tremendous concern for this government-subsidized apartments on this property; they have lived there for 21 years; they are concerned about the traffic, safety, overload on the schools, overload on utilities, and potential crime if it is lower income housing; and she thinks there are places this would be more appropriate. She continued by saying down Minton Road there are apartments and open lots where something like this could be built that would be more appropriate than the location being looked at, which is not only small, but it is not at all fitting with the community and what West Melbourne has planned for that community; she does not know to what extent the Board is able to stop this from going forward, but it is a tremendous concern for the people who live there; and it is just devastating to see something go up like that in their backyard. Lenox King commented he would really like to see this tabled; with those six communities, it is probably in the vicinity of 800 homes, which he guessed would come out to 2,000 people; the traffic right now is really bad; he went last night to get his wife and him dinner, and there were six cars in front of him turning left to get into their subdivision off of Minton Road; it is crowded now, and is going to get worse; and he is a little disappointed that he just found out about this last night. He noted he thought there would be a way for communities that are so close to where this is going on to be notified of what is happening; and he reiterated he would like this to be tabled so that other people in the neighborhood who do not know anything at all about this. He pointed out even the city council, until very recently, did not know anything about this. Page 12 of 31 November 14, 2023 Janet Miller, President of Heritage Oaks Homeowners Association, explained she really does not have much to add to what has already been said other than she would like to see this tabled; this was a horrific Friday afternoon thing that was sprung upon the community; none of them knew it; she thought it was a little shady; she has had contact with the owner of the property, and thought they had established a little bit of a rapport, so she was quite shocked when she saw how this came about; and she worries about the children and the walkers. She advised just a week ago there was a woman hit right there at the intersection just before daylight; the area is not conducive to what they want to do; she has no opposition to affordable housing, it is needed, the veterans need it, and the homeless need it; there is no question that it is needed throughout the State, and throughout the United States; and she asked if any of the Commissioners have come to that area and looked at it to see how inappropriate that corner is for this type of facility. Rod Hintz remarked he is a member of the Board of Directors of the Woodfield at Heritage Oaks Homeowners Association; he too was blindsided by this; the attorney said they had actually had the time for community feedback, which is absolutely news for them; whatever steps were taken to publicize it that there was going to be an opportunity for such never got to anybody that really has the skin in the game with what is going on here; as has been said, they have a lot of cars on Minton Road, traffic is horrendous there, and it is fixing to get a lot worse; there is an apartment building going up just south of I-95 off of Minton Road that is adding about 560 new cars within the next year to the traffic on Minton; and there is single-family going in across there with 50 homes, which will add another approximately 100 cars to the Minton Road traffic. He went on to say now they want to add another 200 cars with this project; again, they have not seen any type of traffic study that shows them what that impact is going to be; those who live there cannot even imagine what an additional 800 or 900 cars going up and down that road is going to be like; and it is really time everyone needs to step back, look at this, do the due diligence, and really decide if this is the right thing to do. Earl Miller stated any building at all at that location would be bad, because as others said, children are going to school, traffic is horrendous; all people do anymore is to sit, and sit, and wait on the traffic; it backs up from SR 192 almost all the way to the I-95 overpass; in the mornings it is that way, the evenings it is that way, and the growth in this County is getting bad; it needs to slow down; and he has lived here for 60 years, he has seen a lot of growth, but nothing like what is going on in the last five years. He asked the Board to just come and look at that area, because the turning lane for traffic going south, there is a bottleneck there; he noted there was a motorcyclist killed under a bus a couple of months ago; and it has just gotten bad in there. Ernest Savage stated to Commissioner Steele’s comment, they may only be able to influence this decision by delaying it being made today, and if that is the solution that is available today, it is exactly what they would like to request; he knew they were in trouble when he was receiving phone calls from their local West Melbourne leaders Sunday afternoon saying there was an issue; to echo the comments being made here today, it is a safety issue; there was a traffic study done in West Melbourne to just put in a right turning lane at this intersection in question, and that study was conclusive that, that intersection was dangerous; there has already been someone killed by a bus earlier this summer; and a pedestrian was hit by a vehicle in that intersection just last week. He mentioned within one-tenth of a mile from that intersection, there are three schools; over 500 students walk back and forth to those schools from those six neighborhoods daily; to increase traffic in that intersection, whether it be foot traffic or by vehicle, is inappropriate and worthy of further discussion; that is all they are asking for is an opportunity to voice their opinions and be a part of the process; to date, they have not had that opportunity, and that is why they are here; and they literally had 36 hours to try to coalesce Page 13 of 31 November 14, 2023 around this issue. He pointed out they have been feverishly working to just make their voices known; he expressed his appreciation for being allowed to come before the Board; and he stated he looks forward to engaging in the dialogue going forward. Suzy Kedzierski mentioned she probably has nothing useful to add to what the people have already said; the last speaker said the residents want to have a dialogue, but she wants the Board to vote no; she thinks the idea that the developer can put an ad in Cocoa for public comment and expect people in West Melbourne to see the legal ad he put up there is insane; she does not understand why there is no opportunity for a public comment period; she does not understand why the Board has to vote on it as an entirely group consent issue; and she does not understand why with the live local rules that the City’s hands are tied as to what they are able to do and not do for the citizens. She pointed out they elect the leaders because they agree with their viewpoints, they are going to safeguard the community, and that they are going to do what they told people they would do, which was to make West Melbourne into vibrant city or town that has parks, walkways, small mom and pop shops, restaurants, and things like that; instead, they have their community, which is all one and some two-story homes, no four-story anything in the area; without the City Council or the Board being able to do very much, the citizens are supposed to allow a four-story affordable housing project be put in there, because there is some Federal money available; she thinks it is crazy the residents had no time to prepare for this; they only found out about it Sunday afternoon; and to get this many people in the room, and probably double that at least, sending the Board emails and phone calls, it is unfair. Linda Rann stated she lives in the Preserve, she has lived there for going on 13 years, and she has seen the traffic just get horrific; she does not want to take up a lot of the Board’s time, because she had the same things to say that everybody else said; she would think the residents would have more options to get more information about the project; and she asked the Board to table this Item and vote no. Lisa Steele commented basically a lot of people have said a lot of what is in her notes, so she will try to make this brief; this was brought on them really quickly; they had three days to gather everybody together and get to the meeting; if they were given more time, this room would be more full of people; they understand to a point the live local act; however, they, in West Melbourne, are taxpayers and voters; and this proposed building of 105 units, plus a dental and medical office, is set to exit on Heritage Oaks Boulevard. She continued by saying that is the main road that comes in and out of their neighborhoods; their neighborhood has 735 houses, with children who walk to and from schools two times a day, five times a week; they will also be using Heritage Oaks and Minton Road; that area is already congested; and they recently had the pedestrian that was hit by a truck, and a motorcyclist that was fatally hit just a block away. She noted adding 105 families would place them close to 850 families, and those are only single families; she asked the Board to please refrain from approving this funding until the developer provides a more desirable, less congested location; and also a time that gives the residents an opportunity to respond. Paul Smithey stated the community has planned out West Melbourne; the area where this is going is a bunch of single-family homes; Heritage Oaks is their neighborhood; they are going to put an apartment complex that is four stories; and it does not, at all, blend in with what the planning was for, but they have allotted some areas just a mile or so south to where all of the new apartment complexes are now being built, down near a bunch a shopping, the right place to put an apartment complex. He explained putting it here is just the wrong choice, the wrong location; they can go put it down there; there is still land available, there are units going in now; and that is his point of view. Page 14 of 31 November 14, 2023 Marc Gauthier, representing the developer, advised he does not have a presentation, but if the Board has any questions, he is happy to answer whatever he can. Chair Pritchett asked after these are built, what would be the rents being charged for these apartments. Mr. Gauthier responded they are a combination of one, two, and three-bedrooms; the rent structure is going to be driven every year when the State of Florida puts out the rents; they typically are 60 or 70 percent of market rents; he does not know the exact rents in Brevard County right now; he is on the developer side, not on the management side; but he would expect it to be somewhere in the low thousands. Chair Pritchett asked if it is really not low income, but it is affordable. Mr. Gauthier replied affirmatively; he stated it is a senior community; it is a mixed income; they are anticipating a range of affordability set aside; and there will be some closer to market and some that are a little bit lower on the scale. Commissioner Steele expressed his appreciation to everyone who came out tonight; he stated unfortunately, what they have here is a live local bill that has passed, which is Statute now, and that Statute is in effect, the law is in effect, and the City of West Melbourne had to abide by that law; to his knowledge, they have not passed some type of ordinance that could have tightened-up some of the issues going forward; the Board of County Commissioners can do absolutely nothing about what is going on; there can be compassion for the residents regarding the traffic and other things talked about; and there is a word called preemption. He went on to say preemption is when a State Representative is elected or State Senator, probably the first thing people need to ask them is if they are going to preempt local laws, are they going to do away with Home Rule; if they say they are, then people need to find another representative to help; people are in a spot tonight that is not a good spot; it is very difficult to sit here and say the Board cannot do a thing about this; he cannot in good faith table the financing on this, as there is nothing that can be done to convince these people not to go forward with the project; there is nothing that the City is going to be able to do to stop people from going forward with this project; and it is preempted, it is State law, and it is unfortunate, but it is reality. He advised he is sorry, he cannot vote to table this project tonight; these people have done this according to the law; they presented it to their City Council; in order for them to get through this, they had to file a site plan with the City, it is Statute; as a result of that, the City had a certain amount of days to review it, make their comments, and go forward; and at this particular point in time, limits are about up. He pointed out the financing has been approved; and he reiterated unfortunately, the Board cannot do a thing about it. He stated he wishes preemption was not there, but it is; the Board has to abide by the law; he is very apologetic; but he can do nothing about this tonight. Commissioner Goodson asked if Mr. Gauthier has been before the City of West Melbourne. Mr. Gauthier responded they have been in front of staff, they have not had a formal site plan submitted. Chair Pritchett asked the audience for no outbursts at all or she will clear them out of the room. Commissioner Goodson inquired under the new Senate law in Tallahassee, how long have they been working on this project. Page 15 of 31 November 14, 2023 Mr. Gauthier replied probably four months. Commissioner Goodson asked when the law was enacted. Commissioner Steele noted July 1st. Commissioner Goodson asked if they have been working on it since July 1st. Mr. Gauthier advised shortly after. Commissioner Goodson asked if they have had one publication about this project. Mr. Gauthier responded the advertisement publication was done by the Housing Finance Authority. Commissioner Goodson asked if they have had one. Mr. Gauthier replied two. Commissioner Goodson asked if it was in the Florida TODAY. Morris Richardson, County Attorney, explained it was on the Housing Finance Authority’s website, and on the County’s website under the coming events section. Commissioner Goodson inquired if this Board voted no tonight, how long, in days, it would take Mr. Gauthier to get his other financing that seems to be so easy to get. Mr. Gauthier advised they would just start the application process, it is not a two-week process; to put other funding together would take a little bit of time; but they would start that process immediately. Commissioner Goodson asked if it would be two months. Mr. Gauthier responded a few months. Commissioner Goodson commented that would give them ample time, even though he is sure Commissioner Steele is right, they would have nowhere to go; and it would at least give them somewhere they say they could go as far as objecting. Mr. Gauthier replied certainly; he stated it is not a land use hearing today; and he believes there would not be a land use hearing for them to object to, so if they had some other funding, they are not necessarily asking the Board to approve that funding. Commissioner Goodson asked how many other parcels of land in Brevard County or the State of Florida is he looking at. Mr. Gauthier responded they are currently working on one in Brevard County, a couple in Lake and Seminole Counties, and probably a total of six or seven throughout the State. Commissioner Goodson asked in his whole proposal of this affordable housing, are they going to keep up landscaping for a period of time, or is that something he is not going to do. Page 16 of 31 November 14, 2023 Mr. Gauthier replied they own and operate their communities long-term, so they have a really solid interest in keeping them up, and that, of course, includes the landscaping. Commissioner Goodson asked if Mr. Gauthier would say SB-102 is like an opening of the well for his company. Mr. Gauthier explained they do not know, time will tell; he thinks there are a lot of new municipalities that are challenging it; and whether it stays law of the land for one, 10, or 20 years, he does not have a feeling for that. Commissioner Goodson inquired if Mr. Gauthier had to apply with the State with any kind of plans or what he intended to do, and did the State ask to see that stuff. Mr. Gauthier replied no. Commissioner Goodson remarked that is amazing; and he asked is that amazing. Mr. Gauthier responded as Commissioner Steele was saying, the State puts the guidelines that say the municipalities shall approve; but then they leave it to the municipalities to do their architectural or site plan reviews; and they have to go through that whole process with the cities, both on the buildings and on the sites. Commissioner Goodson asked if they can build an outhouse if they could get it approved. Mr. Gauthier replied if the City allowed that type of building. Chair Pritchett stated she thinks probably what is the most struggle is the height, or fitting in; affordable housing was on the ballot; everyone said affordable housing is needed, until it moves closer to their homes, and then no one wants it; she thinks it is because people are thinking it is low-income housing; she does not get that either; and she has three young daughters trying to find places and there is just nowhere that is affordable. She went on by saying there are people working these jobs that do not pay $50,000 a year and there is nowhere to live; there are young families starting out that have nowhere to move into; eventually they are all going to be living with mom and dad; and then there will be 15 people living in a home because there is nothing affordable out there. She commented the County has to tighten up its belt and allow some changes; she would ask Mr. Gauthier to maybe take a pause and have a community meeting to listen to the concerns and be good neighbors; it may help alleviate a lot of the concerns; but she agrees with Commissioner Steele, she is an accountant; this is a pass through as far as allowing investors not to pay as much taxes on money they have in returns on bonds; financially, for people who want to invest in their projects in the community, it is a good thing; and plus, the Governor sent this out, all of the State Representatives did it, and it was all voted for on the ballots. She stated she would like to take just a pause so the community can talk to people, maybe get them comfortable; she is going to support this going through because she does not think the Board should stop investor financing; the project is going to get approved; as far as them getting financing, the County is at such a low inventory for housing, they will not have a hard time getting that and getting it built; she asked the community to be good neighbors with the builders; and she stated maybe they can feel comfortable. She pointed out this is 109 units times two cars, so that is 218 traffic cars, so it is not 900; maybe if the residents could get some clarification they may be able to get more comfortable; and the apartments are not cheap, so she thinks they will see a lot of young techs and people trying to find a place to live. Page 17 of 31 November 14, 2023 Commissioner Tobia explained he was pretty solid coming in, in all honesty, and then he heard some words he really did not like hearing, which were ‘shady’ and ‘blindsided’; they may be on the opposite side of this development, there is nothing wrong with that; but what needs to be recognized is what was currently done was done according to Statute; Ms. Abbott advertised this correctly; if a person is head of a Homeowners Association (HOA), if someone parks their car at an angle, they will be the first one to ticket someone for parking; and if anyone should be paying attention, it should be people sitting on the HOA. He went on by saying to come up here and accuse what he took as this Board, and maybe it is some of the emails he received as well, this was on Consent because every other bond hearing like this, in the seven years he has been on the Board, has been on Consent; there has never been a ‘no’ vote; the paradigm has shifted here because of the Live Local Act; he understands it is new and people may not agree with this project, but there was nothing shady going on here by either the developer or the organization dealing with the public notice; one gentleman in particular said he wanted to be part of the conversation; and the bulk of people were positive. He stated what Senate Bill 102 allows is a developer, and profits have to be maximized, which he understands, is to find a piece of property, look at density, go find another piece of property in that jurisdiction of West Melbourne that has a higher density, and then transport that density onto that other piece of property; that is the four stories and all of that stuff; that is out of his control, out of the control of the City of West Melbourne, but it is an advantage given to developers to help ameliorate the situation of affordable housing; to be clear on this, it is in County Commission District 3; he represents this District right now; but this project is within the jurisdiction of the City of West Melbourne, so many of the issues that were brought up here, while understandable, traffic, safety, and all of that stuff, is something that the City and the elected officials are familiar with, not the Board Members. He commented the zoning classifications in West Melbourne are completely different than that in Brevard County; he would be lying to people if he said that he knew without staff’s help about all zoning classifications; however, people feel that was taken out of their hands; he completely understands that position; the Board is given an unusual responsibility here, they have the ability to vote no on this financing; and although it was close, after some things that were very disappointing were said, he will be voting no on this. He pointed out he does not see this as a traditional zoning issue, because normally the way zoning has happened here, many times it is taken into consideration whose District it is in, but this has far-reaching implications when it comes to affordable housing that would not only impact District 3 but impact all of Brevard County; this could set the precedent that could change things, so while he may know District 3 pretty darned well, this is much bigger than District 3; he asked the rest of the Board to use his or her best judgment on this one; he noted taking the fact out where it is in District 3, and use the best discretion; obviously, the Commission is not voting with him one way or another, he will be voting no; but there will be no hard feelings if the Commissioners go in a different direction; and he will have a second motion after this is decided. He advised he wishes it was said better; it really bothers him on the ‘shady’ and ‘blindsided’ stuff; if a person said it was the first time he or she has heard it, that would have been one thing; but to think there is something nefarious going on here could not be any further from the truth; and as a show of good will, he will make a motion. He stated he moved to authorize the County Attorney’s Office to investigate legal methods in which more input could be solicited from citizens and elected officials at public bond validation hearings for projects that are located within municipal limits. He added, he discussed this with the County Attorney very briefly; he heard from the City Council Member Adams who called him, and he spoke with her for about 10-15 minutes; he believes she would be here if there was not a City Council meeting going on right now; but he would like other folks up here to have that benefit; he asked the County Attorney if the Board could force the City of West Melbourne to send a resolution back to it letting the Board know if they supported it or not; and he said it probably could not be done, but this is extremely complicated because of dealing with Federal law when it comes to Page 18 of 31 November 14, 2023 financing, State Statute when it comes to the Live Local Act, but there has to be a better way to get more input from them because it does not have that knowledge base on zoning within a municipality. He noted he wishes it would have been handled a little bit more diplomatically, because the Board has done its best, it is completely new to it; the County Attorney said this would take a little bit of research, but he thinks it would have a big pay out, because the Board is going to see more of these in the future. Chair Pritchett stated she thinks that is a good motion; she asked if the Board can give the Affordable Housing Authority and the developer more time to get with the community over the next month and let them come back, and the Board can just take a vote, because they do not know what is going on; and maybe they can negotiate something different. Commissioner Tobia commented what he thinks will happen, he has gotten many emails, is these folks are not very happy . . . Chair Pritchett noted remember when the Board had the Port St. John one, and all showed up, too; nobody is ever happy; but maybe they can get to a place where they can come to some kind of agreement, because affordable housing is needed; again, there are some things that do not fit either; and maybe they could negotiate something. Commissioner Tobia stated Commissioner Goodson is his favorite for short meetings and less meetings; his bet is if this is continued for a month, as many of these folks have said, instead of having 11 people showing up, the Board will have 50 people showing up; he knows West Melbourne does turn out folks; and he does not think their minds are going to change, so he does not want Commissioner Goodson to get mad at him. Commissioner Goodson pointed out he agrees with Commissioner Tobia, he is going to second his motion. Chair Pritchett remarked she knows it is Commissioner Tobia’s District, but right across the road it is Commissioner Steele’s District. Commissioner Steele stated he would be more than happy to second Commissioner Tobia’s motion to do the research as far as the bonds go; but the Board still has stuff on the table. Commissioner Tobia noted he knows the Board does; and he was trying to get the easy one out of the way. Commissioner Steele stated he will go ahead and second the motion, and then the Board can get back to the meat of the issue. Commissioner Tobia advised this was merely because this was more than a couple of hours of work and he did not want to burden the County Attorney’s Office with anything that was trivial without Board support. The Board authorized the County Attorney’s Office to investigate legal methods in which more input could be solicited from citizens and elected officials at public bond validation hearings for projects that are located