Brevard County Board of County Commissioners

Commented on Chair Steele's comments about a bad time when all the big companies left; he asked when they left during the bad times, who stayed; the small businesses stayed and survived, and paid their taxes; to come down here and fight Commissioner Tobia to ask for two more jobs, he would not come down here; he noted Chair Steele commented that small businesses should come down here to get an abatement; and he asked if that was correct. Chair Steele replied no; and he stated small businesses could apply for an abatement, not come down here. Commissioner Goodson remarked if one knows anything about applying for an abatement, most small businesses would never do that; they do not know how or have the time; he will vote to give it to the public to let them decide; then if it gets approved at 63 percent, the Board made the decision; that is the way it should be, in his opinion; and they should be given as much information to make a good decision. Commissioner Pritchett stated she read the ballot language and it makes sense to her, but she asked would it be better information for the public if the Board adds a minimum amount of jobs that it would be creating; and if the Board is saying 10 or more jobs, maybe it should be put in there. Mr. Johnson remarked that is the requirement, so he does not think it would be any reason that it could not be put in there; the ballot language that is used is pretty much exactly what has been used and approved; this was first voted on in 1994; and he asked Attorney Richardson if that was correct. Attorney Richardson responded the ballot language is prescribed by Statute; the Statute states the ballot language must be in this form substantially; the form it provides is virtually identical to the one that is proposed in the resolution before the Board; the only thing added to the resolution currently, are the words ‘continue to be’, just to indicate that this is an existing program and not a new program; and he noted Commissioner Tobia’s office did contact him Page 17 of 36 July 23, 2024 about his proposed amendment. He added he thinks it meets the statutory criteria, such as it cannot be misleading, and it has to be within the 75 words; he did let them know that there is not a lot of guidance in case law or Attorney General Opinions on substantially the form, whether his proposal deviates too much, or whether Commissioner Pritchett’s suggestion would deviate too much from the statutory form; it is a difficult call to make, although he would say that neither of them seem to significantly deviate so much that it would invalidate the ballot form; and that is what was followed in crafting this referendum language. Commissioner Pritchett stated her thought on this is, of course, with the small businesses getting off and there is a way to help them get through certain hurdles, but back at that time when the economy went south and everybody moved, if it was not for large businesses coming in, the County would still be suffering economically; she works at a church and if there is no population, there is no ability to help people because people are not able to bring funds in to help the community; that is just a small aspect of something that it is in; she teaches at the college and students went way down in population; it is a good thing to have a good viable economy going; and also the larger the population gets, the more ability for the government to have fees to pay the firefighters, the Sheriff, and all these things that are needed as extra resources. She added it is just good for the community to have new businesses come in; she does not know how the Board wants to do the ballot; and she thinks this is really going to come down to the people who put these incentives together and the County Commission to be sure that it is doing great evaluations on these and to make sure that the EDC is always on top of the clawbacks on these items as well. Commissioner Tobia made a motion to approve it with the language that he discussed, that the County Attorney noted there was little case law and nothing that he saw prevented that; and he read his motion, “shall the Board of County Commissioners of Brevard County, Florida continue to be authorized to grant pursuant to Section three, Article seven of the State Constitution property tax exemption to new businesses and expansion of existing businesses that are expected to create new full-time jobs in the County, despite that during the five-year period between July 9, 2019, and July 9, 2024, more tax exemptions failed to meet program criteria and were rescinded than succeeded.” Commissioner Feltner asked if after this leaves here, if it passes today, does it have to go to a judge panel or something. Attorney Richardson responded for this referendum language, no. Commissioner Feltner commented he guesses the question of whether or not it meets the statutory requirement; and he asked if that is not something that requires any kind of judicial review. Attorney Richardson replied not unless there is a challenge. Commissioner Goodson commented he thinks by putting the amendment on, it is kind of tainting the water, making them look bad; he agrees with everything Commissioner Tobia said today; but one has to remember that if the public approves this, it still comes back to the Board; it can deny the abatement at that time or totally kill it; and it is not like this is going to make the EDC have any better of a hold than they have had on it the whole time, in his opinion. Commissioner Tobia noted he does not mean to taint it; these are facts, and not facts that are disputed by staff; these are facts that are not disputed by the very people that want to put that on; the argument up here is to let the voters decide; if the Board is going to do that, it should Page 18 of 36 July 23, 2024 provide them with as much information, whether good or bad, so they can make an informed decision; and that is all he is asking. He stated he agrees that does not sound good, but neither does this program, in all honesty; he can go over the research again that no one peer-reviewed study he found said that this was any good from a list of reputable institutions about just how terrible these programs are; all this language is factually accurate, and it meets the 75 word criteria; that is all he is asking; and he made the motion so he is voting for it. Chair Steele noted Mr. Johnson cannot speak any more as.

Commissioner Tuesday, July 23, 2024 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular / Tentative Millage July 23, 2024 A. CALL TO ORDER 9:00 AM 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 Rita Pritchett, District 1, Vice-Chair Commissioner Pritchett led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL: May 21, 2024 Regular Meeting; The Board approved the minutes from the May 21, 2024, Regular Meeting. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F. ITEMS PULLED FROM CONSENT AGENDA Chair Steele noted that F.7. would be pulled for a speaker card and F.17. would be pulled for Commissioner Tobia. F.7. Brevard County Wastewater Treatment Plan and an Onsite Sewage Treatment and Disposal System (OSTDS) Remediation Plan per Florida Statute 403.067(7) (a)9 - Clean Waterways Act Ed Fontanin, Utility Services Director, stated Item F.7. is a planning document that is a State requirement; this came into law last year; in the State law, the draft of this is required to be submitted in February and the final version in August; the intent of the law, or the planning document, is for communities that are within the B map that have point source, or non-point source, of greater than 20 percent nutrient loading, to provide a planning document to identify how, over a 10-year plus spectrum, that could be addressed; and associated with that, they are looking for dollar amounts of what that could take. He went on to say the State usually uses that number to figure out what future State appropriation and funding would be needed at a later year. Sandra Sullivan stated this one quite surprised her; on one hand, one of the things she has come here for years and advocated for is, when people were sold the Save Our Lagoon tax, it was sold that part of it would be used for Advanced Wastewater Treatment (AWT) upgrades; this is in that direction; she was surprised to see the Save Our Indian River Lagoon (SOIRL) funding on multiple projects in here worth millions of dollars for, obviously, a vote that has not been taken today with regards to the referendum; and that is kind of interesting, kind of like a foreshadowing of what is going to happen. She added of interest to her in particular, was the planned expansion of growth in Brevard, for example, in North Merritt Island, the Federal lands and the State-leased lands on the Federal lands, says Proposed Wastewater Service Area; it looks to her like the direction it is going is whereas the Indian River Lagoon was, in the first 10 years, a funding source for the St. Johns River Water Management District for its obligations for muck dredging; it seems now it is being used instead of addressing existing infrastructure issues that this will now be used to fund expansion for areas of new development; this is very concerning to her; and she pointed-out an area on her sheet, North Merritt Island, which the whole thing was selected, including the Federal lands. She asked what is being done, is the Page 1 of 36 July 23, 2024 County going to be using taxpayer money; she mentioned the other thing is on the graphs, North Merritt Island, the hydrology study that shows that it is a huge flood risk in a 10-year event; she commented this is Port St. John; she has come to these meetings for years, calling out the development being put in Port St. John and the yellow line that is seen in 2024, is above the capacity of the plant; and it is irresponsible of the County Commission to speak of caring about the Lagoon, meanwhile, packing on development on a sewage plant that is in excess of its capability. She went on to say a sewage plant used to cost about $50 million, now it is about $170 million; it is begging to the Federal government for money, begging to the State, and they are saying no, the County is responsible for this; rather than addressing impact fees, it wants to stick it to the voters; and as far as North Merritt Island goes, this is a lobbyist from North Merritt Island (showing a card), “thank you Rob for fighting for the Lagoon”, from a lobbyist; tens of thousands of dollars; and she said, "wake up people to the establishment funding candidates for we the money, not we the people." Commissioner Goodson asked if it is true that if there is a development that is being proposed, that the Utility Services Director, or someone in the County, checks to see if a sewer plant can handle it before the permit is issued to develop a project. Mr. Fontanin replied absolutely; that is a State requirement to go through that due diligence. Commissioner Goodson asked, with that being said, would it not be appropriate to use SOIRL tax to improve sewer plants, sewer lines, installs, or stuff to get the sewage out of the Lagoon. Mr. Fontanin replied it is one of the sources but the projects identified here do not necessarily have to be funded by SOIRL; there are a variety of funding mechanisms to do that, and that is obviously one of them; but the intent of the projects listed here was not to put the full burden on SOIRL to accomplish this. F.17. Acknowledge receipt of FY 2022-2023 Redevelopment Agencies Annual Reports for the fiscal year ending September 30, 2023 Commissioner Tobia commented he hopes this is folded back in; a lot of work went into this by the Community Redevelopment Agencies (CRA); there is good news and bad news in these reports; the bad news is many of the CRAs are still wasting large amounts of funds on façade grants and entryway signs, and he would be remiss not to point them out, Diamond Square, Babcock Street Melbourne, Downtown Rockledge, and Titusville; but, treating them like millennials, he will end with some good news. He went on to say the good news is the Babcock Street CRA will sunset September 9, 2024, the Bayfront CRA sunsetted in May 2024, and the Satellite Beach CRA was dissolved by the City on September 30, 2024; to put this into perspective, this will be about $2 million in Tax Increment Funding (TIF) payment reductions; he noted not to get him wrong, the County is still spending millions of dollars; it is still spending it on façade grants, greenery, and all that good nonsense; but it is less waste than what there was in the past. Commissioner Goodson expressed his appreciation to Commissioner Tobia for not mentioning the Merritt Island Redevelopment Agency (MIRA). F.1. Approval to Enter into Negotiations for Accela Civic Platform Cloud Services License/s, and for Associated Migration and Modernization Project The Board authorized staff to enter into negotiations with Accela to procure Accela Civic Platform SaaS user licenses, migrate to the SaaS model, and modernize Brevard County’s Accela Civic Platform configuration; authorized the County Manager to execute order forms, agreements, task orders, change orders, modifications, and amendments, provided that the Page 2 of 36 July 23, 2024 cost is not to exceed the figures listed in the fiscal impact of this report; and authorized the County Manager to establish the necessary budget to implement this SaaS upgrade and implementation. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.2. Approval, Re: Dedication of Reuse Water Main Easement from The Viera Company for the Ibis Office Building at Viera Medical Park Project - District 4. The Board accepted the Reuse Water Main Easement from The Viera Company for the Ibis Office Building at Viera Medical Park Project. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.3. Approval and acceptance, Re: Dedication of Traffic Signal Easements from 1) Deer Lakes Owners’ Association, Inc., as to Parcel 1, 2) CV Melbourne, LLC, as to Parcel 2 and 3, and 3) Community Credit Union of Florida as to Parcel 4 for the Deer Lake Crossroads Signalization - District 4. The Board accepted the Traffic Signal Easements from Deer Lakes Owners’ Association, Inc., as to Parcel 1; CV Melbourne, LLC, as to Parcels 2 and 3; and Community Credit Union of Florida, as to Parcel 4 for the Deer Lake Crossroads Signalization. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.4. Approval Re: Permission to Apply to the Safe Streets and Roads for All (SS4A) Grants Program for a Countywide Safety Action Plan The Board granted approval for the County to apply for the SS4A Grants Program for a Countywide Safety Action Plan; authorized staff to submit the grant via the Valid Eval Portal on behalf of the County; authorized the County Manager to sign the grant agreement, any amendments, or renewals, upon County Attorney and Risk Management approval; and authorized County Manager to execute any necessary Budget Change Requests. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.5. Approval, Re: Resolution and Underground Easement (Business) from Brevard County to Florida Power and Light Company for the Brevard County Sheriff’s Office Animal Surgery Center Project - District 5. The Board executed and adopted Resolution No. 24-064, authorizing the conveyance of a real property interest by the County; and accepted and executed the Underground Easement (Business) from FPL for the Brevard County Sheriff’s Office Animal Surgery Center Project. Enclosed is the fully-executed Resolution and Underground Easement (Business). Result: APPROVED Mover: John Tobia Seconder: Tom Goodson Page 3 of 36 July 23, 2024 F.6. Permission to authorize Solid Waste Department Director to execute a settlement offer from the Florida Department of Environmental Protection The Board authorized the Solid Waste Management Director to sign the settlement between FDEP and Brevard County to resolve compliance violations observed during an inspection of Cell 1 of the South Landfill at the Central Disposal Facility. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson Brevard County Wastewater Treatment Plan and an Onsite Sewage Treatment and Disposal System (OSTDS) Remediation Plan per Florida Statute 403.067(7) (a)9 - Clean Waterways Act The Board approved the Brevard County Wastewater Treatment Plan and OSTDS Remediation Plan to be submitted to the Florida Department of Environmental Protection for compliance with Florida Statute 403.067(7)(a)9 - Clean Waterways Act. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.8. Facility use agreement with Aerospace Technology Group at Valkaria Airport The Board approved and authorized the Chair to execute the Facility Use Agreement with Aerospace Technology Group. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.9. Approval; RE: Thousand Islands Conservation Area (TICA) Management Plan and Pine Island Conservation Area (PICA) Management Plan and Sykes Creek Conservation Area (SCCA) Management Plan (District 2) The Board approved the Management Plans for TICA, PICA, and SCCA. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.10. Approval, Re: Florida Department of Environmental Protection TRAIL-GO Grant Application Submission and Execution of Grant Agreement (District 1) The Board approved and authorized the Chair to sign the Letter that authorizes the Parks and Recreation Director to submit the grant submission and that the Board approves the project; authorized the County Manager to approve and execute the Grant Agreement upon Risk Management and County Attorney approval; authorized Parks and Recreation Director to sign future agreements, amendments, and modifications upon Risk Management and County Attorney approval; and authorized the County Manager to execute necessary Budget Change Requests (BCR). Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.11. Approval, Re: Brevard County Campground Reservation Modifications and Page 4 of 36 July 23, 2024 Retired Brevard County Board of County Commissioners Government Employee Discount The Board considered and adopted Resolution No. 24-065, approving a change to Brevard County campgrounds length of stay policy, campground advanced reservation time limits, and that retired Brevard County Board of County Commissioners employees receive a discount benefit of 50 percent on rental fees. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.12. Approval, Re: Resolution and Public Transportation Grant Agreement, Florida Department of Transportation Public Transit Block Grant Program. The Board approved the following actions for State Fiscal Year 2025 Public Transit Block Grant from FDOT in the amount of $1,925,467: • authorized the Chair to sign the Authorizing Resolution No. 24-066; • authorized Transit Services Director to sign the electronic agreement, and to execute any additional follow-up documentation, resolutions, and amendments necessary to secure these funds; and • authorized the County Manager to execute necessary Budget Change Requests (BCR). Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.13. Certification of Local Option Gas Tax (LOGT) Percentages Allocations The Board approved the certification of the LOGT Percentages Allocations; and authorized the Clerk’s Finance Department to submit the allocations to the Florida Department of Revenue (FDOR). Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.14. Acknowledge Receipt of the Tax Collector Recapitulation and Errors and Insolvencies Reports. The Board acknowledged receipt of the Tax Collector Recapitulation and Errors and Insolvencies Reports. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.15. Interlocal Agreement with City of Melbourne for Wickham Road and Post Road Intersection Improvements - District 4 The Board approved an Interlocal Agreement with the City of Melbourne, providing for the City to contribute to the County’s construction of intersection improvements at Wickham Road and Post Road on a reimbursement basis. Result: APPROVED Mover: John Tobia Page 5 of 36 July 23, 2024 Seconder: Tom Goodson F.16. Approval of Written Consent to Easement in Connection with the City of Cocoa Granting a Utility Easement to Florida Power & Light Company for Underground Electric Utility Facilities in Lee Wenner Park The Board approved and authorized the Chair to execute the Written Consent to Easement in connection with the City of Cocoa granting a Utility Easement to Florida Power & Light Company for underground electric utility facilities in Lee Wenner Park. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.17. Acknowledge receipt of FY 2022-2023 Redevelopment Agencies Annual Reports for the fiscal year ending September 30, 2023 The Board acknowledged receipt of FY 2022-2023 Redevelopment Agencies Annual Reports for the Fiscal Year ending September 30, 2023. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.18. Bill Folder The Board acknowledged receipt of the Bill Folder. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.19. Annual Investment Performance Report Year Ended September 30, 2023 The Board accepted the Brevard County Annual Investment Performance Report, for the year ended September 30, 2023. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.20. Brevard County Annual Comprehensive Financial Report for the fiscal year ended September 30, 2023 and Brevard County Annual Financial Audits Report for the fiscal year ended September 30, 2023 The Board acknowledged receipt of the Brevard County Annual Comprehensive Financial Report for the Fiscal Year ended September 30, 2023, and the Brevard County Annual Financial Audits Report for the Fiscal Year ended September 30, 2023. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson G. PUBLIC COMMENTS (Individuals may not speak under both the first and second public comment sections.) Christina Fleming stated she is a retired firefighter of 25 Years with the County; the Board knows her, as she has been here before; she just wanted to say good morning and let the Commissioners know again, that in 2008 the firefighters froze their pay and have been waiting Page 6 of 36 July 23, 2024 for the Commissioners to come back and help them, still waiting; firefighters in 1998 signed a referendum that said that the millage rate was supposed to be set at 0.6431, set at, it was not; last year it was set at 0.5115, this is funding that can be used; and the budget that they are working with for the negotiation sucks, it sucks, they are way behind like $20,000 to $30,000 underpaid, and that is the middle people not the new people, the middle people. She went on to say that the Inspection Department has over 1,700 inspections that are overdue because they are understaffed; so the fleet is inundated with broken vehicles whether just broken down or wrecked, its bad and they are understaffed also; everyone is understaffed and that includes Road and Bridge, and that is everybody in Brevard County; the County needs to find the funding and needs to budget for more; and all she is asking for is the Commissioners to talk to the Chiefs, the Directors, and the County Manager and really get together and increase the budget. She added the Sheriff is asking for money too because he is understaffed; it is bad, it is really bad; the firefighters sit in the meetings and talk constantly saying the same things over and over again and sometimes they have to say them so that it gets in the Boards brains; they really need to work; so just to let the Board know in the next three years 189 firefighters in less than four years have the potential to leave without owing the County anything; there are also 79 firefighters with 23 years or more that can retire and leave the County; that is 55 percent of its fire department that can leave, and probably will, 55 percent; she asked where does that leave the rest of the firefighters that are still working; they are going to be working mandatory overtime, they are going to be tired; they are going to get sloppy, and because it is not their fault because they are being overworked; she asked if all fairy tales begin with Once upon a time; and she answered no, many of them begin with if they are elected they promise. H.1. Permission to Participate in and Accept the U.S. Dept. of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant. Chair Steele called for a public hearing on permission to participate in and accept the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant. Morris Richardson, County Attorney, stated this is a request by the Sheriff’s Office in order to participate in grant funding through the Department of Justice Edward Byrne Memorial Justice Assistant Grant; this particular grant award anticipated for the upcoming years is in the amount of $165,078; this grant goes towards providing coordinated transportation of arrestees to the County jail; by the Sheriff taking on that, it allows law enforcement agencies, particularly municipalities that are located remotely from the jail complex, the ability to have those arrestees picked up by the Sheriff’s Office; and that does not take the law enforcement officers off the streets in their local communities while they make that drive up there. There being no objections, the Board granted permission for Brevard County Sheriff’s Office to participate in and accept the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant application; designated the Brevard County Sheriff’s Office as the point of contact; authorized the Chair to execute the necessary contractual agreements, modifications, and amendments; and authorized the County Manager to execute any necessary Budget Change Requests. Result: APPROVED Mover: John Tobia Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele H.2. Final Public Hearing and Approval of the Fiscal Year 2024-2025 Annual Action Plan for the Brevard County HOME Investment Partnerships Program Consortium Page 7 of 36 July 23, 2024 Chair Steele called for a public hearing on approval of the Fiscal Year 2024-2025 Annual Action Plan for the Brevard County HOME Investment Partnerships Program Consortium. Ian Golden, Housing and Human Services Director, stated this is the annual action plan as required by Housing and Urban Development (HUD); the process started in May when the first public hearing was held and solicited comments for input into the creation of the plan; the plan was then put together, put out for public comment for 30 days; no public comments were received; and this is the final hearing and approval request. There being no comments or objections, the Board approved the Fiscal Year 2024-2025 Annual Action Plan; authorized the Chair to execute required certifications, assurances, and the applications for Federal Assistance for the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) grants; authorized the County Manager to sign the CDBG Program and HOME Program Grant Agreements and Disbursement Agreements with the four Brevard HOME Consortium member cities upon approval from HUD; authorized the use of competitive procurement to secure contractors to complete proposed activities and projects; authorized the Housing and Human Services Director to endorse agreements, amendments, and modifications for activities and projects identified in the Action Plan, upon approval from Risk Management, County Attorney’s Office, and Purchasing Services; and authorized the County Manager to execute any necessary Budget Change Requests. Result: APPROVED Mover: Rita Pritchett Seconder: John Tobia Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele H.3. Petition to Vacate, Re: Public Utility & Drainage Easement - 1000 Royal Oak Court - “Sandy Run at Suntree” Plat Book 25, Page 143 - Melbourne - Gary Louis and Mary Susan Baxter, Trustees - District 4 Chair Steele called for a public hearing on a petition to vacate a public utility and drainage easement at 1000 Royal Oak Court-"Sandy Run at Suntree" Plat Book 25, Page 143, Melbourne - Gary Louis and Mary Susan Baxter, Trustees. Marc Bernath, Public Works Director, stated this is a petition to vacate a public utility and drainage easement at 1000 Royal Oak Court; the petitioner is requesting the vacate to allow for an existing pool to be enclosed with a screen; and there have been no objections received. There being no comments or objections, the Board conducted the public hearing and adopted Resolution 24-067, vacating part of a public utility and drainage easement at 1000 Royal Oak Court, “Sandy Run at Suntree” in Section 14, Township 26 South, Range 36 East, as petitioned by Gary Louis and Mary Susan Baxter, Trustees. Result: ADOPTED Mover: Rob Feltner Seconder: Tom Goodson Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele H.4. Adoption of Proposed FY 2024-2025 Ad Valorem Millages Chair Steele called for a public hearing on the adoption of proposed FY 2024-2025 Ad Valorem Page 8 of 36 July 23, 2024 millages. Jill Hayes, Budget Office Director, stated staff is requesting that the Board set the Fiscal Year 2024-2025 proposed millage rates; in the attachment, it provides the detail on the 2024 taxing districts; on February 20, 2024, the Board adopted Resolutions declaring its intent to adopt a budget that does not constitute a tax increase and does not make a finding of critical needs; these proposed millage rates align with that Board direction; all millage rates have been established in accordance with the Brevard County Charter Cap limitations; and the aggregate millage rate represents a 4.3 percent decrease from the current Fiscal Year, so under this proposal there will not be an advertisement for a tax increase. Sandra Sullivan stated she is present in support of the firefighters regarding the millage rate and to request this be rejected; there are a couple issues pertaining to the budget; in 2021, Palm Bay was suing the County, and this goes back to the Municipal Service Taxation Unit (MSTU) referendum; the high point is that the Board sat down to negotiations with the Fire Department and the Union and came up with a wage comparable that was agreeable to everybody; these are the counties that it agrees with that Brevard should be within that average; and at the last negotiations, it was asked and said was a budget to meet a comparable. She went on to say the paramedics are underpaid on mean, $25,000; the attorney that was present was asked if he budgeted any of this in the budget; the answer was no; and the County came to the table, not in good faith, and presented a budget that does not incorporate addressing any of the issues. She added she also wanted to point-out she has done some research over the last few days; she showed a budget from 2019 and stated it shows that the Emergency Management System (EMS), as a result of that lawsuit in 2004-2005, ended up taking a referendum that was to pay for a Countywide EMS, very well documented, and flipped that to Fire, which she does not even know if it is legal, and then it is using the General Fund; on the Attorney General’s website there is a statement, and she read “In summary, until and unless legislatively or judicially determined otherwise, I am of the opinion that leveling special assessments and adoption of user fees or service charges are the exclusive methods of financing.”; and in other words, therefore they are saying, “Using general ad valorem tax revenues, whether it is General Fund, et cetera, is not legal.” She went on to say she thinks the Board has lawsuits coming because she does not think it is legal; and she asked to please reject the budget. There being no further comments Board approved the FY 2024-2025 Proposed Millages for the purpose of notification to taxpayers by the Brevard County Property Appraiser; and instructed the County Manager to complete the Florida Department of Revenue’s Certifications of Taxable Value, Forms DR-420. Result: APPROVED Mover: Rita Pritchett Seconder: John Tobia Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele H.5. Ordinance Amending Chapter 46, Article IV, Section 46-129, Brevard County Code of Ordinances, Pertaining to Noise Chair Steele called for a public hearing on an ordinance amending Chapter 46, Article IV, Section 46-129, Brevard County Code of Ordinances, pertaining to noise. Morris Richardson, County Attorney, stated this is an ordinance requested by the District 4 Commission Office, and he believes the Commissioner explained it at the last meeting where Page 9 of 36 July 23, 2024 the Board adopted legislative intent that this was the result of the Suntree Golf Course requesting some relief, but it is applicable, generally, to golf courses; he explained currently under the noise ordinance, there is an exemption for landscape maintenance between the hours of 7 a.m. and 8 p.m., provided that the equipment is reasonably operated and equipped with all noise-reducing equipment in proper condition; and this would take golf course landscape maintenance and extend the 7 a.m. to 8 p.m. exemption to all hours of the clock to accommodate the operating hours of golf courses where they have to do that kind of maintenance prior to tee-time starting and things of that nature. Commissioner Feltner commented he thinks this was covered pretty well in the last meeting; he is happy to answer any questions; and he appreciates the support. Attorney Richardson noted a volunteer from a West Shore Junior/Senior High School working in his office this summer wrote that ordinance for the Commissioner and did great work under the guidance of Chris Reilly in his office; her name is Elena Konicki; and he wanted to thank her for her good work on this. Commissioner Tobia jokingly stated Point of Order here; this is completely unfair that the County Attorney is now pointing out that his no vote was against a high school student; and that is a terrible move. Chair Steele asked if she was present. Attorney Richardson stated she could not be here today. Chair Steele asked Attorney Richardson to please thank her and he will make sure to punish Commissioner Tobia. There being no further comments or objections, the Board adopted Ordinance No. 24-16, amending Chapter 46, "Environment," Article IV, "Noise," Section 46-129, "Exempt Activities or Actions," of the Code of Ordinances of Brevard County, Florida to provide an exemption from the application of Article IV for golf course landscape maintenance at all hours; providing for conflicts; providing for severability; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Result: ADOPTED Mover: Rob Feltner Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Feltner, and Steele Nay: Tobia I.1. Resolution Calling for a Referendum: Economic Development - Ad Valorem Tax Abatement Program Karen Conde, County Manager Assistant, stated this item was initially brought before the Board on July 9, 2024, and was tabled for additional discussion to this meeting. Neal Johnson stated he has served the Economic Development Commission (EDC) for over 25 years and spent a lot of time with them on the Ad Valorem Tax Abatement Program; he thanked the Board for the opportunity to speak; he commented when he spoke on July 9, 2024, some questions came up and he would like to address those; the data that was brought up at Page 10 of 36 July 23, 2024 the prior meeting went back to 2018; and while he does not dispute the data that was presented, he thinks there needs to be some context. He continued to say it does not reflect the fact that shortly after 2018, there was a pandemic and during that pandemic, all activity slowed down or came to a stop; relocation activity slowed down; companies that may have been approved for an Ad Valorem Tax Abatement at that time were probably not able to do what they had anticipated doing; and he thinks there needs to be some context in that data, but not disputing the accuracy of the data, because it is. He added that each Commissioner was sent a copy of a presentation that the EDC has been doing out in the community and will continue to do as an educational piece to the voters, should this go on the ballot; the commission with Florida Institute of Technology (FIT), under the direction of Dr. Abram Walton, his students did a research study for EDC on the Ad Valorem Tax Abatement Program, as they felt it was successful, but they really wanted to get some independent research and some data that did or did not support that position; and there was no preconceived idea when they went into it. He explained the graphic from 2005 through 2023 is just companies that received an Ad Valorem Tax Abatement; if a company came here and did not receive an abatement, it is not included in any of the numbers on the graphic; one could see the total number of jobs during that period of time; he mentioned that the year 2005 and shortly after, it was a difficult time in the community, and he thinks the fact that they had something that encouraged people to come here was helpful in mitigating $1.4 million in taxes that were abated, just for companies that used the abatement; but those companies also paid $83.8 million in total taxes, so he believes there is a good return on the investment. He stated the total wages were $4.43 billion; he explained the next graphic shows that for every dollar that was abated, the County received $4.82 in taxes that were actually paid, and for every dollar of capital investment is $33.38 in Ad Valorem Tax awarded incentive; and it is important to point-out that the numbers that are seen about taxes that were abated and taxes that were paid, came from tax bills on the public record for Brevard County. He stated he is present today because, in his opinion, he believes that the voters should be the ones to decide whether this is continued or not; he thinks it is an important tool for Brevard County to have in its tool belt; it was seen recently where SpaceX had an issue, fortunately it was a California issue, but they were shut down for a period of time; it shows that anything can happen, and when it does, the County needs to be prepared to try to continue to grow the economy with every tool available; and he believes the voters should have the opportunity to decide that. Commissioner Tobia thanked Mr. Johnson for calling and sending over the study; he noted he critically went through it as much as he could, given what was presented; it was pointed-out on page 14 of the Walton report, there is a calculation of 4,523 jobs; he tried to replicate that number with all of the applications that were approved, the jobs promised if they are added up; in the last six years there have been hundreds of jobs promised, yet not delivered; and he asked if Mr. Johnson subtracted the jobs not delivered from that 4,523. Mr. Johnson responded he would like to bring up Edgar Campa-Palafox from the Economic Development Commission of Florida’s Space Coast. Mr. Campa-Palafox stated the numbers that were included in that study just include the applications from the companies that came forward. Commissioner Tobia remarked that was a yes or no question; as Mr. Johnson said, the data that was presented by him at the last meeting was correct; he said there were hundreds of jobs that were promised and not delivered; and he asked if those that did not materialize for one reason or another, get subtracted from this number. Mr. Campa-Palafox replied the number is for active applications in the program; and if they Page 11 of 36 July 23, 2024 were kicked out of the program, they are not included. Chair Steele remarked he is thinking that his answer is no. Mr. Campa-Palafox replied if a company has not delivered, and was kicked out of the program, they are not included in that total; to think about the application, there is a company coming forward promising a specific number of jobs; and if they do not deliver in their time frame, they are kicked out of the program. Commissioner Tobia explained he had staff add them up and they added up to that exact number. Chair Steele commented then the answer is yes. Commissioner Tobia stated those were promised, not delivered, so the best case scenario, they were not delivered; second of all, this is more important, so this takes everything off the table, because he had a list of questions, and he is glad it was mentioned; he noted that Mr. Johnson said that it was an independent report; and he asked if that is what he said. Mr. Johnson replied affirmatively. Commissioner Tobia asked if the Walton report was a peer-reviewed study. Mr. Johnson replied he would have to ask Mr. Walton that question, but his understanding is that they did have subject matter experts that were consulted; and he cannot answer whether it was peer-reviewed or not, but he can get the answer for him. Commissioner Tobia passed out a copy of a biography on Abram Walton and asked if this is the same Abram Walton, Professor at the College of Business, he was referring to that provided this study. Mr. Johnson replied Mr. Walton oversaw it, his students did the research. Commissioner Tobia remarked to remember this is an independent study; he highlighted that he is the founding chairman of the Space Coast Economic Development Commission; and he asked why that was not disclosed. Mr. Johnson remarked to keep reading, as that is not what it says. Commissioner Tobia read Commission Innovation Council. Mr. Johnson stated they created a council and Mr. Walton was asked to chair that council; he was not the founder of the Economic Development Commission (EDC); and that was misleading. Commissioner Tobia apologized; he read, “the founding chairman of the Space Coast Economic Development Commission Innovation Council”; and he asked if Mr. Johnson is saying Mr. Walton sits on a board that is under the EDC. Mr. Johnson replied Mr. Walton chairs a council, as does he. Commissioner Tobia asked again why this was not disclosed, it was said to be independent, Page 12 of 36 July 23, 2024 but the guy sits on the EDC; he commented that is disgusting; either he thinks the Board members are idiots, or he did not do his research, the same way he did not drop things off; he is absolutely disgusted that was not disclosed to the Board; and thankfully, it was looked up and found out that this guy is clearly not independent, neither is his research. He stated this may work at a Chamber of Commerce breakfast over coffee, but for independent intelligent thinkers up here… He asked how much Mr. Walton was paid to do this. Mr. Johnson replied nothing. Commissioner Tobia remarked he got his money’s worth. Mr. Johnson refrained from his reply. Commissioner Tobia stated he had a couple of points as to why the Board should go in a different direction; number one, lack of follow-through; since 2018, this Board has rescinded 10 previous abatements due to failure of the businesses to meet the program requirements; he has lists of all of that if anyone is interested; three businesses voluntarily withdrew from the program during the same time span, including two that were approved and are still active, which equates to an 85 percent failure rate; and John Thomas, who was up here previously, was clear that it was 85 percent, but somehow said that an 85-percent rate was indicative of success. He added he does not know how 85 percent failure is indicative of a success; number two, they are going to come here anyway; the last three tax abatement requests to come to the Board were denied and the projects still came to Brevard County; Rogue Valley asked for $490,503 and decided to come here; L3Harris immediately after, laid-off 5-percent of its 7,000 employees, roughly 350 jobs, while reporting profits of $1.2 billion; and that may be a business decision, but none the less, there were layoffs that occurred after. He went on to say number three, promised jobs, is where that study says every job promised was included, yet most of them do not materialize; the abatements that were approved by the Board since 2018 were expected to bring 252 jobs; those that were approved within the last six years and are still active and met their promise, is a total of 42 jobs, which are USSI Global and Roswell Marine; he likes jobs, but according to the EDC’s program overview, the average median County wage is $61,784; and USSI’s average of promised jobs was $43,190, and Roswell Marine’s is $53,714. He stated the jobs are not numerous and not all that high-paying; the rescinded abatements that were promised during that time were 698; he is going to give some math that is just as crazy as the math that was presented to the Board; there were 252 jobs promised, and 42 jobs that are currently active; during that same six years, there were 698 jobs that had to be taken back because they were not meeting their desired goals; he would argue that the program has helped create negative 404 jobs; and it is voodoo math but not as crazy as the math of creating 4,000 to 5,000 and creating billions of dollars, it is a joke. He added number four, the cost of the program; this program is not free, there are administrative costs that include funding to the EDC and revenues lost to abatements; over the same six-year period, the County paid $8.4 million to the EDC and lost $6.4 million in revenue, not to mention the considerable staff time that went into this; two points were brought up by another Commissioner and he brought up a slide of how the jobs are spread across the Districts and is indicative of the industrial areas; and he showed a slide of the size of the organizations that received the abatements, which he thought was interesting. He noted that looking at this, the bulk of the jobs provided are not to small businesses, but actually to very, very large businesses, as most of the jobs offered are to companies that have at least 100 employees and an equal amount to companies that have 500 or more employees; if one takes the average abatement that was provided, it was to a company that had more than 36,000 employees, not small businesses; and there is a cost to taxpayers for each one of these jobs, but he did not do the math. He stated the last thing he wants elected officials to do is make business decisions Page 13 of 36 July 23, 2024 of choosing winners and losers, as he thinks that is best left up to the market; he does not think the Board should participate in this scheme; and he has a motion but he wants to hear what the other Commissioners have to say first. Commissioner Goodson asked if it was fair to sit up here and make decisions for the voters, or should the voters have the right to vote for this; he understands Commissioner Tobia’s comments and they are extremely sad and gut-wrenching; and he asked if it was on the ballot 10 years ago. Commissioner Tobia replied yes, and there was one 10 years previous to that; he looked at the largest employers out there and those would be Health First, Harris, and Northrop Grumman; Health First has over 9,500 employees, with no abatements given; Harris Corporation has 7,200 jobs, and built their headquarters in Melbourne in 1978, with no abatements; and Northrop Grumman has 4,700 employees, with Grumman established in Brevard in the 60’s and merging with Northrop in 1994, with no abatements. He stated companies came here long before and companies are still coming here; and he knows it sounds good, but the reality of the situation is it is bad for taxpayers, in his opinion. Commissioner Goodson asked Commissioner Tobia if he commented that no small businesses received tax abatements. Commissioner Tobia replied no, his comment was the average one that received it has 36,738 employees. Commissioner Goodson asked Mr. Johnson to comment on it. Mr. Johnson commented that he thinks there needs to be some context; they have a set of guidelines that are statutory that they have to go by when reviewing the tax abatements; the minimum number of jobs created is 10, and based on their research, about 15 percent of the companies that received an abatement were for that number of jobs, and then it goes up from there; about 65 percent were 50 jobs or less; these are jobs promised, so it could have been the larger companies; but he thinks what they fail to recognize is that when a large company comes in, it creates other jobs and those jobs are generally small businesses such as vendors, suppliers, and the induced jobs such as restaurants. He added they believe that when they incentivize a company to come here it filters down to small businesses; and they are always open to more suggestions on how to do that better. Commissioner Goodson asked what is charged for small businesses to join the organization, or if it is even allowed; and he remarked he assumes it takes too much time to take care of a small business, so they go after the big fish. He inquired what rates are charged to be a member of the EDC Mr. Johnson replied he does not think he or Mr. Campa-Palafox have that information off the top of their heads; but a two-person lawn service would probably not join. Commissioner Goodson stated if that two-person lawn service was a member and the rates were raised, and could not afford it, because it took too much time to take care of him and they only wanted the big corporations, he would not agree with that, but he hears him. Mr. Johnson remarked he appreciated the input and would take it under consideration. Commissioner Feltner asked if the question was do they have a number of small businesses Page 14 of 36 July 23, 2024 that make up the EDC; and he asked how many businesses they had that have under 15 employees. Mr. Johnson replied Artemis IT is a member and, based on number of employees, he would consider them a small business; there is also a painting company… Commissioner Feltner asked how many employees he had. Mr. Johnson replied he has none, but he works for US Bank. Commissioner Pritchett noted this has always been a hot topic; she mentioned Mr. Johnson works for a bank; and she asked if he received any money for serving on the EDC. Mr. Johnson replied no. Commissioner Pritchett commented she is trying to weigh all this and think it through; she does not think the whole time that she has ever been working in government, that she ever voted against any EDC incentives or any projects it has done to try to further the economy in the community, or increase population, or keep the grandchildren from moving up north during a crisis; this is always a heated topic; and she thanked Mr. Johnson for withstanding it. She noted Commissioner Tobia always does a great job drilling through it; he always brings good data; when she is kicking through these ideas, and she has lived here for a long time, she has been through a lot of things in the community and she knows that a lot of times these incentives have helped save the community; as far as big businesses bringing in thousands of employees, she thinks that is a good thing because it brings the economy back up and people spend in the small shops and stores; and she thinks that is probably a good thing when that item came up. She added when they bring in new businesses in industry, the same dollar is not passed around the community, dollars are brought in from other parts of the country; the political environment, she is not enjoying at all; she finds out where people land at this moment by how they respond to things; and she is going to support this because it is going to go on the ballot. She noted her primary reason for supporting it is because she knows Lynda Weatherman is still very involved in this and she trusts her, as she has watched her for years and she works very hard for this community, and this is going to win because of her heart; she does not know where the EDC is going to be in the next 10 years when it tries to do this again, because she imagines she will be long gone by then from government; and Commissioner Tobia brought up some good points, so she thinks it is up to everybody who is going to be involved in determining where these dollars go, to be really paying attention so that not one dollar of people’s funds are wasted when investing it and trusting the EDC to make decisions over their money. *Chair Steele passed the gavel to Vice Chair Pritchett. Commissioner Steele stated this is a big issue to him; he cannot dispute anything Commissioner Tobia said, as he is absolutely correct, and he applauds him for the research he has done; he believes it; he asked how many people were around during the Challenger explosion; he commented lots of people that were here, and what happened after the Challenger explosion was devastating; companies left, people left, and the brain pool shrank; and as a result of that, there were riverfront houses being sold for $100,000. He went on to say people were in a depression here when the shuttle program went away and it became very, very difficult; just last week something happened that could have turned around the economy, when former President Trump was almost potentially assassinated; it is very difficult times that people are in and he assures there will be more of those; and Brevard County needs to be Page 15 of 36 July 23, 2024 prepared for that. He stated there are two things he wants to address; what Commissioner Goodson mentioned about small companies is a very interesting and needed thing; a person can apply for tax abatement if they bring 10 employees in; it is not that the Board would not try to help small businesses, it is because they are not applying or maybe not knowing about it; there is an argument that has been true lately because the County is in the most robust time it has ever been; it is booming, there are thousands of jobs at the Space Center and all over; and the aerospace companies are kicking butt and the County is solid. He added people are coming here because everything is good; the insurance policy he wants for the people of Brevard County is what happens when things turn around and go bad; he guarantees that if the County does not have an incentive program, these companies will go to the states that have the incentive programs and Brevard will not be in a good position; he understands Commissioner Tobia’s logic, which is excellent; and he thinks what is happening is people are participating in a program that has not been working correctly and has not been extremely successful lately. He stated over the years, it has happened pretty well; he is asking to let the people decide on this, not the Board; and he is asking the Board to let this go to a referendum and to go from there. Sandra Sullivan stated first of all, the County is in robust times; this can be brought forward when and if the economy changes; it is not needed now; right now, Brevard’s house is falling down; right now, the last time this came up at a meeting, there was a room full of yellow shirts, and the County cannot pay a fair wage, but it wants to give abatements to the rich companies; and this stinks. She added it feels like the hashtag ‘we the money’ referendum; it is an abatement for special interests; it is time to take care of the house; and it is time to take care of the falling down roof, the roads are at $8 million deficit on capacity needs that it has no way to fund at this time. She asked about the sewage plants and how Port St. John, at $170 million, begging to the Federal government and the State, with lobbying trips up to Washington, D.C.; she remarked to take care of the house; now is not the time to give special interests tax breaks when it cannot meet its commitments to public safety; and it is shameful. She pointed out the Chair is championing this, who sat on the EDC, as she remembers, and is a lobbyist; she questions whether he should recuse himself; she thanked Commissioner Tobia for doing the deep dive; she has been present for many meetings where these abatements have been rescinded because of their failure; and like the Lagoon plan has not been legislatively advertised, so the agenda item for the Lagoon one was advertised. She stated the last thing she wanted to say is whether this is a super majority vote or simple majority vote; she is curious as to what is going to go today because in 2022, when the Board was talking about a potential referendum coming forward, the attorney at that time said it needed a super majority vote; there was some indication at the time that maybe that attorney was replaced because they did not do the will of the Commission, in her opinion; and she suggested to put public safety first and take care of the household needs in the County, take care of the fire fighters, take care of the roads, and take care of the infrastructure. Chair Steele took back the gavel; and he asked Morris Richardson, County Attorney, if this required a super majority vote. Attorney Richardson replied this requires a simple majority vote of the Commissioners to place it before the voters. Commissioner Tobia stated he thinks he sees where things are going; he looked up some actual research studies, ones done by academic institutions where they were not paid, not sit on boards, ones that were peer-reviewed; the quotes are damning as far as the successful nature of that; he sees where things are going and understands it; and he has heard from at least two Commissioners that this should go to the voters, and there is nothing wrong with it. Page 16 of 36 July 23, 2024 He added his staff often challenges him and they did this time, how could he support this; if the Board is going to give it to the voters, he believes it should give as much information as possible to the voters so they can make an informed decision; he does not want them to listen to him go on; and there are certain parameters about how the ballot language must be crafted, number of words, leading, and all that good nonsense. He stated he consulted with Attorney Richardson and he has a little addition; he thinks the motion would probably include the exact same language that was there before, and he read “Shall the Board of County Commissioners of Brevard County, Florida, continue to be authorized to grant, pursuant to Section 3, Article 7 of the State Constitution, property tax exemptions to new businesses and expansion of existing businesses that are expected to create new, full-time jobs in the County”; his addition provides more information to the voters so there is a better response; it is accurate by not only what he has indicated, but also what the EDC has indicated; and his addition would be ‘despite that during the five-year period between July 9, 2019, and July 9, 2024, more tax exemptions failed to meet program criteria and were rescinded, than succeeded’. He noted it is factually accurate and meets the 75; if someone from the EDC or the tax abatement task force would like to argue with that, he would like to hear it, but that is factually correct; he thinks that the County should actually give the voters as much information as possible, and this is more information so they can make an informed decision; the Tobia rule is if he amends it, he is forced to vote for it; and there are two ways to argue this, number one, it is bad information or number two, they would rather voters not get this information because they want a yes. Commissioner Goodson

• Brevard County Board of County Commissioners — Minutes