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BREVARD COUNTY · LOCALDecisions publishedPartial coverage

Brevard County Board of County Commissioners

Tuesday, May 21, 2024 · County government meeting record

The 30-second read

Recorded outcome

Resolution honoring the academic and athletic achievements of Jaida Williams-Goins. (District 3)

The Brevard County Board of County Commissioners held a regular meeting to approve past minutes, honor local achievements, and recognize Emergency Medical Services Week. The board also discussed the Drown Zero program and beach safety initiatives, including funding from the Ron Jon foundation.

Why it matters

Residents should care because this meeting outlines local public safety funding, emergency service performance metrics, and the implementation of beach safety programs.

What happens next

No later meeting or follow-up date is stated in the reviewed record.

An official outcome record - an action agenda or minutes - is published for this meeting.

Captured actions

48

Recorded outcomes

47

Source artifacts

1

What changed

Other key decisions

47 captured items have a publicly linked outcome. These 5 are the clearest resident summaries in the record.

Search all 48 meeting actions
  • Item E.1.

    Resolution honoring the academic and athletic achievements of Jaida Williams-Goins. (District 3)

    Moved by John Tobia · Seconded by Tom Goodson

    approved - Commissioner Tobia read aloud, and the Board adopted Resolution No. 24-042, honoring the athletic achievements of Jaida Williams-Goins, who is a source of pride for the County and shows resounding promise as a future leader.
  • Item E.2.

    Resolution acknowledging Emergency Medical Services (EMS) Week.(District 4)

    Moved by Rob Feltner · Seconded by Rita Pritchett

    approved - Commissioner Feltner read aloud, and the Board adopted Resolution No. 24-043, proclaiming the week of May 19-25, 2024, as Emergency Medical Services Week.
  • Item E.3.

    Resolution recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation (District 5)

    Moved by Rob Feltner · Seconded by Tom Goodson

    approved - Commissioner Steele explained there is generosity and things that happen in Brevard County that he really thinks are miracles; he has a friend, Malcolm Kirschenbaum, who was at his house one evening with his wife; they were talking about lifeguards; Mr. Kirschenbaum told him that two floors below him in his condominium, the woman who takes care of the foundation for Ron Jon would be more than happy to support and give to the County some money to put together the Drown Zero program; and he texted her and asked her to come up to his condo. He continued by saying Jacqueline Youngs came up and asked him what he needed from Ron Jon, the foundation will take care of it; today the Board has the opportunity to show the audience members some of that stuff; but he can tell people, in addition to that, Ron Jon gave the County $80,000 for a facility to take care of this equipment that is out there; and he can say, the County absolutely needed it. He read aloud the resolution. Motion by Commissioner Feltner, seconded by Commissioner Goodson. Commissioner Tobia advised supposedly the goal of this organization is to reduce and prevent drowning deaths; at the March 7th Cocoa Beach meeting he said, “I fought this battle with the County when I was lifeguard chief to get more guards, and I can’t believe the state of lifeguards were in;” he stated Mr. Werneath further went on to say, “We should not pay for an organization that is providing us with USLA professional lifeguards, and is not meeting USLA standards;” and he asked why he has moved away from valuing lifeguards instead of working to increase lifeguards funding, effectively removing them from the most popular beaches in the County, and now encourage to replace them with a ring on a post. Wyatt Werneath expressed his appreciation to the Board, County Manager, County Attorney, and staff, as well as its public safety services; he advised that was a very passionate presentation that he gave, maybe some things that came from the heart outside of professionalism; he knows he could have done things better; he has apologized to people for that; but to be clear, in no way is he replacing lifeguards, as he still advocates lifeguards. He went on to say this is actually beach safety week, as well as EMS, and he reached out to the lifeguards and he wants to provide them with a prestigious membership that a lot of them have not ever heard of, the USLA membership; each lifeguard has it; he offered to pay for that as he fosters lifeguarding; what they are doing is a force multiplier; there are 210 beach accesses in Brevard County; at the peak of the season, there are like 25 towers; and that still leaves a huge gap. He pointed out when he was lifeguard chief, he spent his whole career trying to fight for the year-round program that the County has today; he is very honored with that; what he was disappointed about is they had a drowning in front of the lifeguard tower; the chance of drowning in front of a lifeguard is one in 18 million; they were that one; regardless of how it is sliced, and there is a lot of investigation going on, lifeguards do a preventative job, they victim recognition and dry land guarding; and if a lifeguard has to go into the water, something has gotten by he or she. He stated on that day, the tapes show that the lifeguards were not very observant; he was upset about that, because he saw the tapes on that; he pulled out, as lifeguard chief, 26 people from the ocean, did CPR, and they did not make it, so he is very passionate about this; what he has done, again, is create a force multiplier in areas where there are not lifeguards, during times there are not lifeguards from 10:00 a.m. to 5:00 p.m.; and he is excited to report today, since the Board approved them in April, they have had 50 assists with these. He noted that means there were 50 people, and there were no lifeguards around; there was no EMS response because a lot of times the people take care of it, much like surfers have, which are called undocumented rescues; they are also working to improve this by providing technology; they had a meeting yesterday, with the City of Cocoa Beach, the County is next, as well as Melbourne Beach, to implement technology that when it is pulled, it is no different than a fire extinguisher in a building; an alarm will go off, a dispatcher will go, it is like a fire alarm, and they roll out; and that is in the absence of lifeguards, or if they do not have them. He advised they did not in any way replace lifeguards. Commissioner Tobia stated he had him when he apologized; he had not heard that; he understands sometimes people say things when he or she is getting passionate; he appreciates him doing that; he is sure he did it before; and he expressed his appreciation to Mr. Werneath for saying that. He continued by saying unfortunately, it went a little sideways from there; he wanted to make something extremely clear, because Mr. Werneath’s perception of reality and facts are completely different; he is going to stand up for the County lifeguards; he is not going to say it, but will pass it on to Chief Patrick Voltaire, Fire Rescue Director; Mr. Werneath should know this stuff as a former lifeguard that there is a field of vision that lifeguards work in; his thought is it was 75 feet either way, so the field of vision is 150 feet; he cannot imagine watching the number of swimmers, God knows how far a person has to watch out, but 150 feet is long; and Mr. Werneath said someone drowned within the field of vision of 150 feet. He advised he would like to pass it over to Chief Voltaire, because his recollection and Mr. Werneath’s are quite different. Mr. Werneath asked if Commissioner Tobia has seen the tapes. Commissioner Tobia pointed out he is very passionate about County employees; when one is disparaged, it is kind of a travesty; and he asked Chief Voltaire if the person who drowned was within that 150 feet. Chief Voltaire commented it was north of that. Commissioner Tobia asked how much north if he recalls. Chief Voltaire replied be believes it was almost a block; and he will say he has gotten the preliminary, he thinks Cocoa Beach did the investigation, and from the lifeguard chief, it was found well outside of the reasonable means of the lifeguard tower to be in their visual. Commissioner Tobia explained it is a terrible situation; but to say or characterize that someone drowned in front of a lifeguard is not helping the situation; not only that, but it is not factually correct; he thinks that is extremely unfortunate; and he does not appreciate disparaging the hard working men and women that are out there doing their best to make sure that people are safe. Chair Steele advised he does not think there needs to be any more comments in regards to this. Commissioner Pritchett stated she heard Mr. Werneath say that he is working on making those so they activate emergency medical; she thinks that is a wonderful idea; she loves it when people come along with new innovative ideas; usually it is the public who has to come up with some of these things; and she expressed her appreciation to Mr. Werneath for that, as she thinks that is a really good thing. Chair Steele noted as soon as that happened, Frank Abbate, County Manager, called him into his office and they talked about it; he told Mr. Abbate that Mr. Werneath was very passionate about this; he recognizes his passion; he recognizes what he is doing here; this is going to protect lives on Brevard County’s beaches; and he expressed his appreciation to Mr. Werneath. Chair Steele called for a vote on the motion. The Board adopted Resolution No. 24-044, recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation, for their efforts to prevent drownings by expanding water education, awareness, and rescue equipment availability on Brevard County beaches.
  • Item F.1.

    Cost-Sharing Agreements 39141 and 39282 with St. Johns River Water Management District (SJRWMD) for the Brevard County West Arlington-Basin 1304B Project (D4), Brevard County Angel Avenue - Basin 1066 (D2) and Brevard County East Main Street Mims Nutrient Removal Project (D1).

    Moved by Rita Pritchett · Seconded by Rob Feltner

    approved - The Board approved and executed St. Johns River Water Management District (SJRWMD) Cost-Sharing Agreements 39141 and 39282; authorized execution of the to-be-received East Main Street Mims Nutrient Removal Project Grant Agreement, substantially in the form of other executed MN034 Cost-Sharing Agreements, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; granted permission to execute grant amendments and modifications, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; granted permission to execute all competitively procured construction and Construction Manager at Risk (CMAR) contracts, amendments, and change orders; and authorized associated Budget Change Requests (BCR).
  • Item F.2.

    Florida Department of Transportation Joint Participation Agreement for cost-sharing and nutrient credit sharing of the Sykes Creek Zone N Septic-to-Sewer Project.

    Moved by Rita Pritchett · Seconded by Rob Feltner

    approved - The Board approved the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for cost-sharing and nutrient credit sharing of the Sykes Creek Zone N Septic-to-Septic Project; authorized the Chair to execute the JPA; authorized the County Manager to execute any future amendments; and authorized the County Manager to approve related Budget Change Requests (BCR).

Money

Show 9 more recorded amounts

People and votes

Rob Feltner

6 motions · 32 seconds

  1. MotionItem E.2.

    Resolution acknowledging Emergency Medical Services (EMS) Week.(District 4) - Moved the recorded motion.

    Official record
  2. MotionItem E.3.

    Resolution recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation (District 5) - Moved the recorded motion.

    Official record
  3. SecondItem F.1.

    Cost-Sharing Agreements 39141 and 39282 with St. Johns River Water Management District (SJRWMD) for the Brevard County West Arlington-Basin 1304B Project (D4), Brevard County Angel Avenue - Basin 1066 (D2) and Brevard County East Main Street Mims Nutrient Removal Project (D1). - Seconded the recorded motion.

    Official record
  4. SecondItem F.2.

    Florida Department of Transportation Joint Participation Agreement for cost-sharing and nutrient credit sharing of the Sykes Creek Zone N Septic-to-Sewer Project. - Seconded the recorded motion.

    Official record
  5. SecondItem F.3.

    Temporary Use Agreement to Provide Temporary Office Space & Equipment Storage for County-wide Vegetative Harvesting Program - Seconded the recorded motion.

    Official record
  6. SecondItem F.4.

    Certification of Lands as required for the North Reach of the Brevard County Federal Shore Protection Project. - Seconded the recorded motion.

    Official record
  7. SecondItem F.5.

    Florida Department of Environmental Protection Indian River Lagoon Grant (continued) - Seconded the recorded motion.

    Official record
  8. SecondItem F.7.

    Approval RE: Transportation Impact Fee Technical Advisory Committee for the Central Mainland Benefit District Project Funding Recommendations (District 2) - Seconded the recorded motion.

    Official record
  9. SecondItem F.8.

    Approval Re: State-Funded Grant Agreement and Resolution with the State of Florida Department of Transportation for the Traffic Management Center - District 4 - Seconded the recorded motion.

    Official record
  10. SecondItem F.9.

    Approval, Re: Dedication of Sidewalk Easement from Sierra Cove Neighborhood Association, Inc. for the Pineda Boulevard Four-Lane Widening Improvements Segments “C” and “D” Project - District 4. - Seconded the recorded motion.

    Official record
  11. SecondItem F.10.

    Approval Re: Memorandum of Agreement with the City of Palm Bay for Climate Pollution Reduction Grant - Countywide - Seconded the recorded motion.

    Official record
  12. SecondItem F.11.

    Approval Re: Permission for the Space Coast Transportation Planning Organization to Apply to the Rail Crossing Elimination Grant on behalf of Brevard County - Countywide - Seconded the recorded motion.

    Official record
  13. SecondItem F.12.

    Adopt Resolution and Release Performance Bond: Bridgewater South at Viera, Section 2 Subdivision - District 4 Developer: WCI Communities, LLC - Seconded the recorded motion.

    Official record
  14. SecondItem F.13.

    Approval, Re: Dedication of Utility Easement from Wickham Summerbrook, LLC for the construction of Space Coast Credit Union - District 4. - Seconded the recorded motion.

    Official record
  15. SecondItem F.14.

    Adopt Resolution and Release Performance Bond: Harbor Island Beach Club - District 3 Developer: Phoenix Park Fund V, LP - Seconded the recorded motion.

    Official record
  16. SecondItem F.15.

    Legislative Intent and Permission to Advertise RE: Code Revisions to Chapter 62, Article XI, Flood Damage Protection, Division 1 - Seconded the recorded motion.

    Official record
  17. SecondItem F.16.

    Task Order Amendment approval for Sykes Creek Regional Water Reclamation Facility Deep Injection Well (DIW) System Mechanical Integrity Testing (MIT) and DIW Component Replacements - Seconded the recorded motion.

    Official record
  18. SecondItem F.17.

    Amendment 4 - Public Transportation Grant Agreement (PTGA) FM# 440772-1-94-01, Hangar Development Construction Phase Funding at Valkaria Airport. - Seconded the recorded motion.

    Official record
  19. SecondItem F.19.

    Approval, RE: Adoption of State Fiscal Year 2024-2027 State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (estimated $2,648,427) - Seconded the recorded motion.

    Official record
  20. SecondItem F.20.

    Reallocation of American Rescue Plan Act (ARPA) funds to West Cocoa Stormwater Improvements - Seconded the recorded motion.

    Official record
  21. SecondItem F.22.

    Gulfstream Towers, LLC v. Brevard County - Authorization to Commence Appeal in Eleventh Circuit Court of Appeals (Board Denial of CUP Request for Wireless Tower on Property Owned by Hope Episcopal Church, Inc. in Suntree) - Seconded the recorded motion.

    Official record
  22. SecondItem F.24.

    Appointment(s) / Reappointment(s) - Seconded the recorded motion.

    Official record
  23. SecondItem F.26.

    Bill Folder - Seconded the recorded motion.

    Official record
  24. MotionItem H.1.

    Ordinance rescinding the Economic Development Ad Valorem Tax Exemption for Erchonia Corporation. - Moved the recorded motion.

    Official record
  25. SecondItem H.2.

    Ordinance rescinding the Economic Development Ad Valorem Tax Exemption for BK Technologies, Inc. - Seconded the recorded motion.

    Official record
  26. SecondItem H.3.

    Emergency Management Ordinance - Seconded the recorded motion.

    Official record
  27. SecondItem H.5.

    Approval, Re: Resolution Electing to Not Exempt Property Under Section 196.1978 (3)(d) 1. a., Florida Statutes, Commonly Known as the "Live Local Act Property Tax Exemption" - Seconded the recorded motion.

    Official record
  28. MotionItem J.1.

    Direction Re: Moore Justice Center Expansion Study - District 4 - Moved the recorded motion.

    Official record
  29. SecondItem J.4.

    Advisory Board Appointee Background Screening (BCC-__) - Seconded the recorded motion.

    Official record
  30. SecondItem F.25.

    Approval of Resolution for a Modification to the Proposed Economic Incentive Agreement between the North Brevard Economic Development Zone and Project “Topaz” in Titusville - Seconded the recorded motion.

    Official record
  31. SecondItem F.21.

    Approval of Group Health Plan Design Changes - Seconded the recorded motion.

    Official record
  32. SecondItem F.18.

    Approval of a new lease agreement between Brevard County (COUNTY) and the Brevard County Mosquito Control District (DISTRICT). - Seconded the recorded motion.

    Official record
  33. SecondItem F.27.

    Revision of BCC-56 Policy, Public Use of Meeting Rooms at the Brevard County Government Centers - Seconded the recorded motion.

    Official record
  34. MotionItem H.8.

    Approval, Re: Resolution, Exchange Agreement, and Utility Easements between Brevard County and A. Duda and Sons, Inc. (Duda) - District 4. - Moved the recorded motion.

    Official record
  35. SecondItem F.6.

    Permission to Reject Sole Proposal in Response to Bid # B-6-24-29; Natural Resources Management Department, Save Our Indian River Lagoon Program - Eau Gallie Muck Removal Project (D4) - Seconded the recorded motion.

    Official record
  36. MotionItem E.4.

    Resolution, Re: Acknowledging National Public Works Week - Moved the recorded motion.

    Official record
  37. SecondItem F.23.

    Fred Poppe Regional Park f/k/a Palm Bay Regional Park/Cellular Communications Tower (continued) - Seconded the recorded motion.

    Official record
  38. Second

    Consideration of Proposed Vested Rights Order in the Matter of Air Liquide Large Industries, US, LP, Subject Property: 7007 N. Courtenay Parkway, Merritt Island, FL 32955 - Seconded the recorded motion.

    Official record

Adopt Resolution No. 24-042, honoring the athletic achievements of Jaida Williams-Goins.

passedYes 5No 0

Voted yes

  • Pritchett
  • Goodson
  • Tobia
  • Feltner
  • Steele

Adopt Resolution No. 24-043, proclaiming May 19-25, 2024, as Emergency Medical Services Week.

passedYes 5No 0

Voted yes

  • Pritchett
  • Goodson
  • Tobia
  • Feltner
  • Steele

Adopt Resolution No. 24-044, recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation.

passedYes 5No 0

Voted yes

  • Pritchett
  • Goodson
  • Tobia
  • Feltner
  • Steele

Adopt Resolution No. 24-045, designating May 19-25, 2024, as National Public Works Week.

passedYes 5No 0

Voted yes

  • Pritchett
  • Goodson
  • Tobia
  • Feltner
  • Steele

Record text

No recording or transcript is held for this meeting.

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Tuesday, May 21, 2024 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular May 21, 2024 A. CALL TO ORDER 9:00 AM 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 Tobia led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL The Board approved the March 12, 2024, Regular Meeting, and the April 4, 2024, Zoning Meeting Minutes. Result: APPROVED Mover: Tom Goodson Seconder: John Tobia Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele E.1. Resolution honoring the academic and athletic achievements of Jaida Williams-Goins. (District 3) Commissioner Tobia read aloud, and the Board adopted Resolution No. 24-042, honoring the athletic achievements of Jaida Williams-Goins, who is a source of pride for the County and shows resounding promise as a future leader. Result: ADOPTED Mover: John Tobia Seconder: Tom Goodson Commissioner Tobia pointed out that Ms. Williams-Goins’ mother Shantell Williams is here, and her wonderful father is City of Cocoa Councilman Alex Goins. Chair Steele asked Ms. Williams to help him with training for speed, because a lot of the decisions he makes around here he has to get out of there real fast. Commissioner Tobia stated Mr. Goins wanted to be here but he guesses he is at a VPK graduation, so he has so much success in the family that he has to split the time; and he is sorry to lose her to Memphis, but he is happy the County has her now. Jaida Williams-Goins asked if she has to say something. Chair Steele responded she does not have to, but the Board would like here to, because she is impressive. Ms. Williams-Goins expressed her appreciation to the Board for recognizing her at this meeting. Commissioner Tobia stated Ms. Williams-Goins has a wonderful father who does great work for the citizens of Cocoa; it is great working with him; and clearly, he has some great kiddos. Ms. Williams-Goins expressed her thanks to Commissioner Tobia. Page 1 of 47 May 21, 2024 E.2. Resolution acknowledging Emergency Medical Services (EMS) Week.(District 4) Commissioner Feltner read aloud, and the Board adopted Resolution No. 24-043, proclaiming the week of May 19-25, 2024, as Emergency Medical Services Week. Result: ADOPTED Mover: Rob Feltner Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele Chief Patrick Voltaire, Fire Rescue Director, expressed his appreciation to the Board for recognizing the Brevard County Emergency Medical Services Week; he stated staff appreciates the Board for the support it gives to them in allowing them the things they need to do to make the County safer; he would like to turn it over to Chief Dominguez, EMS Chief, just to let him to say thanks for allowing him to stay to the cutting edge and increase survivability rates in Brevard County; and that is the main goal in keeping the community safer and doing things to keep everybody happy and healthy. Chief Orlando Dominguez expressed his appreciation to the Board and to the dedicated men and women who do this work day in and day out; he stated to put it in perspective, last year they responded to over 90,000 requests for emergency services, and transported close to 57,000 community residents to the hospital, which is huge; in addition, they are doing treatment, modalities in the field that only a few organizations are doing across the country; to let the Board know, the average cardiac arrest outcome nationally is about 11 or 12 percent; and these folks moved the needle in Brevard County from 16 percent to 32 percent, so a great debt of gratitude to these individuals who are staffing the front lines. Chair Steele commented he knows he is speaking for the entire Commission when he says each and every one of the EMS staff means so much; and it appreciates more than they know the dedication they have under very hard situations sometimes. He expressed his appreciation to them for all that they do. Commissioner Feltner advised he tells constituents all of the time that he hopes he will never have to take a ride in the big red box, but if he does, he is glad that the folks are there so he will get the appropriate care. E.3. Resolution recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation (District 5) Commissioner Steele explained there is generosity and things that happen in Brevard County that he really thinks are miracles; he has a friend, Malcolm Kirschenbaum, who was at his house one evening with his wife; they were talking about lifeguards; Mr. Kirschenbaum told him that two floors below him in his condominium, the woman who takes care of the foundation for Ron Jon would be more than happy to support and give to the County some money to put together the Drown Zero program; and he texted her and asked her to come up to his condo. He continued by saying Jacqueline Youngs came up and asked him what he needed from Ron Jon, the foundation will take care of it; today the Board has the opportunity to show the audience members some of that stuff; but he can tell people, in addition to that, Ron Jon gave the County $80,000 for a facility to take care of this equipment that is out there; and he can say, the County absolutely needed it. He read aloud the resolution. Motion by Commissioner Feltner, seconded by Commissioner Goodson. Page 2 of 47 May 21, 2024 Commissioner Tobia advised supposedly the goal of this organization is to reduce and prevent drowning deaths; at the March 7th Cocoa Beach meeting he said, “I fought this battle with the County when I was lifeguard chief to get more guards, and I can’t believe the state of lifeguards were in;” he stated Mr. Werneath further went on to say, “We should not pay for an organization that is providing us with USLA professional lifeguards, and is not meeting USLA standards;” and he asked why he has moved away from valuing lifeguards instead of working to increase lifeguards funding, effectively removing them from the most popular beaches in the County, and now encourage to replace them with a ring on a post. Wyatt Werneath expressed his appreciation to the Board, County Manager, County Attorney, and staff, as well as its public safety services; he advised that was a very passionate presentation that he gave, maybe some things that came from the heart outside of professionalism; he knows he could have done things better; he has apologized to people for that; but to be clear, in no way is he replacing lifeguards, as he still advocates lifeguards. He went on to say this is actually beach safety week, as well as EMS, and he reached out to the lifeguards and he wants to provide them with a prestigious membership that a lot of them have not ever heard of, the USLA membership; each lifeguard has it; he offered to pay for that as he fosters lifeguarding; what they are doing is a force multiplier; there are 210 beach accesses in Brevard County; at the peak of the season, there are like 25 towers; and that still leaves a huge gap. He pointed out when he was lifeguard chief, he spent his whole career trying to fight for the year-round program that the County has today; he is very honored with that; what he was disappointed about is they had a drowning in front of the lifeguard tower; the chance of drowning in front of a lifeguard is one in 18 million; they were that one; regardless of how it is sliced, and there is a lot of investigation going on, lifeguards do a preventative job, they victim recognition and dry land guarding; and if a lifeguard has to go into the water, something has gotten by he or she. He stated on that day, the tapes show that the lifeguards were not very observant; he was upset about that, because he saw the tapes on that; he pulled out, as lifeguard chief, 26 people from the ocean, did CPR, and they did not make it, so he is very passionate about this; what he has done, again, is create a force multiplier in areas where there are not lifeguards, during times there are not lifeguards from 10:00 a.m. to 5:00 p.m.; and he is excited to report today, since the Board approved them in April, they have had 50 assists with these. He noted that means there were 50 people, and there were no lifeguards around; there was no EMS response because a lot of times the people take care of it, much like surfers have, which are called undocumented rescues; they are also working to improve this by providing technology; they had a meeting yesterday, with the City of Cocoa Beach, the County is next, as well as Melbourne Beach, to implement technology that when it is pulled, it is no different than a fire extinguisher in a building; an alarm will go off, a dispatcher will go, it is like a fire alarm, and they roll out; and that is in the absence of lifeguards, or if they do not have them. He advised they did not in any way replace lifeguards. Commissioner Tobia stated he had him when he apologized; he had not heard that; he understands sometimes people say things when he or she is getting passionate; he appreciates him doing that; he is sure he did it before; and he expressed his appreciation to Mr. Werneath for saying that. He continued by saying unfortunately, it went a little sideways from there; he wanted to make something extremely clear, because Mr. Werneath’s perception of reality and facts are completely different; he is going to stand up for the County lifeguards; he is not going to say it, but will pass it on to Chief Patrick Voltaire, Fire Rescue Director; Mr. Werneath should know this stuff as a former lifeguard that there is a field of vision that lifeguards work in; his thought is it was 75 feet either way, so the field of vision is 150 feet; he cannot imagine watching the number of swimmers, God knows how far a person has to watch out, but 150 feet is long; and Mr. Werneath said someone drowned within the field of vision of Page 3 of 47 May 21, 2024 150 feet. He advised he would like to pass it over to Chief Voltaire, because his recollection and Mr. Werneath’s are quite different. Mr. Werneath asked if Commissioner Tobia has seen the tapes. Commissioner Tobia pointed out he is very passionate about County employees; when one is disparaged, it is kind of a travesty; and he asked Chief Voltaire if the person who drowned was within that 150 feet. Chief Voltaire commented it was north of that. Commissioner Tobia asked how much north if he recalls. Chief Voltaire replied be believes it was almost a block; and he will say he has gotten the preliminary, he thinks Cocoa Beach did the investigation, and from the lifeguard chief, it was found well outside of the reasonable means of the lifeguard tower to be in their visual. Commissioner Tobia explained it is a terrible situation; but to say or characterize that someone drowned in front of a lifeguard is not helping the situation; not only that, but it is not factually correct; he thinks that is extremely unfortunate; and he does not appreciate disparaging the hard working men and women that are out there doing their best to make sure that people are safe. Chair Steele advised he does not think there needs to be any more comments in regards to this. Commissioner Pritchett stated she heard Mr. Werneath say that he is working on making those so they activate emergency medical; she thinks that is a wonderful idea; she loves it when people come along with new innovative ideas; usually it is the public who has to come up with some of these things; and she expressed her appreciation to Mr. Werneath for that, as she thinks that is a really good thing. Chair Steele noted as soon as that happened, Frank Abbate, County Manager, called him into his office and they talked about it; he told Mr. Abbate that Mr. Werneath was very passionate about this; he recognizes his passion; he recognizes what he is doing here; this is going to protect lives on Brevard County’s beaches; and he expressed his appreciation to Mr. Werneath. Chair Steele called for a vote on the motion. The Board adopted Resolution No. 24-044, recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation, for their efforts to prevent drownings by expanding water education, awareness, and rescue equipment availability on Brevard County beaches. Result: ADOPTED Mover: Rob Feltner Seconder: Tom Goodson Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele Chair Steele asked if Mr. Werneath has anything else to say other than talking about the Cocoa Beach lifeguard situation. Mr. Werneath replied apologies thrown all over the place; he thinks what needs to be taken into consideration is the lifeguards know; he would be remiss not to recognize the volunteers they Page 4 of 47 May 21, 2024 have; this program is a 501(c)(3), and it is run by volunteers; some were gracious enough to show up today; and they represent the rotary clubs. He went on to say the rotary clubs have been instrumental in them maintaining, monitoring, and keeping them alive; there is Indialantic and Melbourne Beach Rotary Clubs, as well as Cocoa Beach; and he again thanked the Board. E.4. Resolution, Re: Acknowledging National Public Works Week Commissioner Feltner read aloud, and the Board adopted Resolution No. 24-045, designating the week of May 19-25, 2024, as National Public Works Week. Result: ADOPTED Mover: Rob Feltner Seconder: Tom Goodson Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele Resolution, Re: Acknowledging National Public Works Week Chair Steele asked after all of that stuff on Sunday or whenever Mr. Bernath’s day off is and his wife asks him to cut the grass, what he says to her. Marc Bernath, Public Works Director, replied they have contracted it out; he expressed his sincere gratitude to the Board for supporting Public Works Week; it has grown into an international event; in this context, it is not just the department that he leads for the County, but rather a broader community of professionals to help manage roads people drive on to the efficient waste management systems people rely on, and many critical lines of efforts in between; he is speaking on behalf of the primary County departments and directors these tasks, and nearly 750 County employees that they collectively represent; and the theme this year is ‘Advancing Quality of Life for All’ underscores the vital role that Public Works professionals play in enhancing the well-being and safety of all individuals within a community. He went on to say it promotes the idea that the work carried out directly contributes to improving the overall quality of life for residents by providing essential services and infrastructure; by recognizing Public Works Week, the Board is acknowledging the hard work, dedication, and expertise of these professionals; these are unsung heroes and first responders who work tirelessly behind the scenes to ensure the community functions smoothly and efficiently, and their efforts, dedication, and expertise support their daily lives; they are also reminding themselves of the importance of investing in the infrastructure and the people who maintained it; and he expressed his appreciation once again to the Board for its support of this Resolution. F.5. Florida Department of Environmental Protection Indian River Lagoon Grant Funding Agreements - All districts Sandra Sullivan stated this is pertaining to the grants from Florida Department of Environmental Protection (FDEP), specifically $10 million for the Grand Canal Project; the issue she has with this Item is the health concerns and impacts of potential liability for the County in moving forward with this; the residents have communicated issues with hydrogen sulfide, which in testing, there are some exceedances of the residential at certain times, but not overall eight hours; it does raise a concern; they also tested for flammable Volatile Organic Compounds (VOCs); but she asked why not VOCs. She went on to say the fire department has this equipment; they came to her yard, she knows they do, to test for VOCs; people know now that PFAS contamination is more of a VOC than they previously thought; and it is an inhalation hazard, so that is a very big red flag because they had the equipment and they only tested for flammable VOCs, not the VOC of concern. She pointed out Patrick Air Force Base is the third highest contaminated base in forever chemical in the entire country of military bases; here the County is dredging muck that people know is contaminated with it; it recently got Page 5 of 47 May 21, 2024 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) designation as a hazardous material; she added, there are issues in other areas of the country where they are putting sewage sludge on agricultural land; they had that as well here in Brevard testing and found it elevated, so the muck will be an additional source of that; and she spoke about an article from St. Petersburg. She commented this was arsenic, which was part of that contamination; it was arsenic at the residential cleanup target going on agricultural land; Brevard County is putting arsenic at the commercial cleanup target, which is six times as much; the problem with Grand Canal is that there is much more organic material in the muck, which means when it goes out on the fields, just like this article, it decomposes and it concentrates the contamination, whether it be PFAS or arsenic; and the County is not testing those fields. She explained she has advocated very strongly since the very beginning that this muck, for the health and safety, which is the primary government role, is checked for PFAS, that these fields that are going upon the flood plains of the St. Johns, south of the drinking water source, that the County should be testing these materials. She noted there are ranches all across the country; people do not know what agriculturally this is being used for; she asked if cows are eating it; is it growing; she stated either way, these chemicals uptake into the plants or in the cows; and farm land is being contaminated and made worthless across the country F.6. Permission to Reject Sole Proposal in Response to Bid # B-6-24-29; Natural Resources Management Department, Save Our Indian River Lagoon Program - Eau Gallie Muck Removal Project (D4) William Coughlin mentioned he is here today representing Gator Dredging as its owner; this project includes very important components for muck removal and disposal, as well as return water treatment; those three facets of the project are very difficult to perform in concert, and require a very specific knowledge in order to prepare an engineer’s estimate, which is what their bid was compared against; Gator Dredging has spent over 300 man hours precisely evaluating all components and specifications of the project; and they have applied their innovative, proven methodologies, experienced, and recently completed an ongoing Indian River Lagoon muck removal, and their proven technologies for decant water treatment; they understand the constraints on the consulting engineers and County staff in estimating costs for such an intricate project given today’s ever increasing costs in manpower, materials, chemicals, equipment needs, and disposal costs escalations; that said, given the opportunity to collaborate with Gator Dredging in an open and transparent post-bid communication process, the belief of Gator Dredging is they can substantially reduce a contract award amount can be achieved; during their intense evaluation of this project, they have identified several value engineering opportunities that he does not believe have been considered during the bid process; and given the opportunity to communicate with County staff and their consulting engineers, they believe a successful completion of the Eau Gallie Muck Removal Project can be achieved. He noted with that, he respectfully requests that this Board consider tabling Item F.6. until the next available Board meeting so that they have time to collaborate with County staff and their consulting engineers; and he expressed his appreciation to this Board for its consideration of this request. Chair Steele stated he believes their bid was twice as high as the original thing; he asked if Virginia Barker, Natural Resources Management Director, needs some time to look at this, because the bid was so high; and he asked that she make some comments. Ms. Barker commented staff would normally go back and attempt negotiations with the sole bidder before asking to reject bids; they moved this quickly onto the Agenda because of the June break; the bidder tells staff that he thinks he has a way to make some modifications that would get it within the County’s budget and still achieve a nutrient load reductions that are the intent of the project; the question is whether those changes are significant enough that the Board would actually prefer that it be rebid, so the Board can ask staff to re-negotiate, table it Page 6 of 47 May 21, 2024 to July and ask staff to negotiate, or it can reject it now; and the choice is the Board’s. Chair Steele stated the Board appreciates the hard work that Gator Dredging has done; in this particular case, in his opinion, the bid needs to be rejected now, and then they will have other discussions with the County then; but that will be up to the Board. Sandra Sullivan explained originally, the original Eau Gallie Project was done; she looked it up on the Lagoon Plans, they are not online, but she keeps copies of them in her repository so she can refer back to the information that is not in the current one; she has a graft that shows the original Eau Gallie Project was 750,000 cubic yards of muck for a little over $26 million; this project is a little over 330,000 cubic yards of muck, so about half of the amount of muck; that previous project the County did at Sarno, the Sarno lands the County wants to give to the City of Melbourne; and she thinks the issue with this project, and she has been lamenting about this, is the County is now sending muck 8.1 miles via the pipeline with transfer pumps down to BV52 in Palm Bay. She stated imagine if the County used the other site; she thinks she would encourage going out to bid and utilizing the Sarno site with the bid differences with a change in scope and specifications; it raises the questions of what will be ran into in the Satellite Beach and Indian Harbour Project, which has 13.1 miles to pump muck, so literally, with almost $50 million on this Eau Gallie Project with half as much muck, it is a four-fold increase in costs over what the project was for the 2017 and 2019 Eau Gallie Project; and she hopes the Board rejects this bid and revises the specifications. F.11. Approval Re: Permission for the Space Coast Transportation Planning Organization to Apply to the Rail Crossing Elimination Grant on behalf of Brevard County - Countywide Sandra Sullivan stated this is regarding improving safety on the crossovers and utilizing money from the gas tax; quite frankly, the County has a fiscal crisis, transportation-wise, in Brevard County; as presented at the budget workshop a year ago, because this information is missing from this year, $699 million is how much the County is funding; if it utilizes all four of its funding sources, which the County chose none this year and kicked the can down the road for another year, it does not have enough money to fund the County’s needs for transportation; it has no business taking $1.1 million from the very small amount of money it has towards transportation, and putting that to Brightlines’ responsibility for these crossings; and it is their responsibility for 18 years, upon which after that, the County will be here for these crossings. She continued by saying in the meantime, it is about time to take a private entity and hold them accountable for their own rail crossings while they still have that responsibility. F.23. Fred Poppe Regional Park f/k/a Palm Bay Regional Park / Cellular Communications Tower Michael Rodriguez, Chief Deputy City Attorney for the City of Palm Bay, advised he only put a card in, in case the Item was pulled or if the Board had any questions. F.19. Approval, RE: Adoption of State Fiscal Year 2024-2027 State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (estimated $2,648,427) Sandra Sullivan remarked this is about ship and sale, which is housing assistance; her request is that, and she does not know if the County can do this, is to put limitations on who gets affordable housing or housing assistance to people who are US citizens or are legally here in the country; people hear about Florida having a lot of illegals coming in; there are concerns in other states, and certainly here, on using public funds to provide housing to illegals; and she wrote Ian Golden, Housing and Human Services Director, about what the requirements are here for checking. She stated Mr. Golden said that for SHIP State funding and HOME Federal Funding Projects, the County has valid identification, as well as homestead established Page 7 of 47 May 21, 2024 residency, which means they check a person’s driver’s license making sure they live here essentially; that is not enough; the County should be fiscally conservative and actually America first . . . Chair Steele advised he thinks the card she filled out was for “Topaz”. Ms. Sullivan stated oh, the Topaz one; and she just covered another one. F.25. Approval of Resolution for a Modification to the Proposed Economic Incentive Agreement between the North Brevard Economic Development Zone and Project “Topaz” in Titusville Sandra Sullivan stated the Topaz one is only this, the County is paying $1.2 million for Topaz under the North Brevard Economic Development Zone; this is public money; she thinks that not saying where this project is or any details about the project, when using public money, she thinks public disclosures are appropriate; the fact that this project is vaied in secrecy, she thinks that is their prerogative; but when asking for public money, she thinks that there should be disclosure; and further, it is like magic numbers. She noted some of the numbers, she has read the reports previously before, and some of the employees they are generating are in fact service members with Patrick Air Force Base (PAFB), with Space Force; that is not generating jobs; and those are positions that would be there anyway working in that position, so it is just like a handout to wherever the County wants to put funds, but not having the fiduciary responsibility to the taxpayers of Brevard. Chair Steele stated this is not being disrespectful to Ms. Sullivan in any way, but he wants to tell her that some things the United States of America has to keep secret, and this is one of those things; and he is sorry, it is not going to be released to the general public, period. F.1. Cost-Sharing Agreements 39141 and 39282 with St. Johns River Water Management District (SJRWMD) for the Brevard County West Arlington-Basin 1304B Project (D4), Brevard County Angel Avenue - Basin 1066 (D2) and Brevard County East Main Street Mims Nutrient Removal Project (D1). The Board approved and executed St. Johns River Water Management District (SJRWMD) Cost-Sharing Agreements 39141 and 39282; authorized execution of the to-be-received East Main Street Mims Nutrient Removal Project Grant Agreement, substantially in the form of other executed MN034 Cost-Sharing Agreements, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; granted permission to execute grant amendments and modifications, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; granted permission to execute all competitively procured construction and Construction Manager at Risk (CMAR) contracts, amendments, and change orders; and authorized associated Budget Change Requests (BCR). Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.2. Florida Department of Transportation Joint Participation Agreement for cost-sharing and nutrient credit sharing of the Sykes Creek Zone N Septic-to-Sewer Project. The Board approved the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for cost-sharing and nutrient credit sharing of the Sykes Creek Zone N Septic-to-Septic Project; authorized the Chair to execute the JPA; authorized the County Manager to execute any future amendments; and authorized the County Manager to approve Page 8 of 47 May 21, 2024 related Budget Change Requests (BCR). Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.3. Temporary Use Agreement to Provide Temporary Office Space & Equipment Storage for County-wide Vegetative Harvesting Program The Board approved the Temporary Use Agreement for County-owned property at 1800 Lake Drive, Cocoa, Tax Account No. 2423199, to provide temporary office space and equipment storage for the Countywide Vegetative Harvesting Program. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.4. Certification of Lands as required for the North Reach of the Brevard County Federal Shore Protection Project. The Board approved and executed the Certifications of Lands Certificate Number Two for the North Reach of the Brevard County Federal Shore Protection Project as prepared by the County Attorney’s Office. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.5. Florida Department of Environmental Protection Indian River Lagoon Grant (continued) The Board authorized the County Manager to execute the grant contracts, amendments and modifications, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services, in order to accomplish work proposed in the following awarded Florida Department of Environmental Protect (FDEP) Indian River Lagoon (IRL) Grant Agreements: • LG001 – IRL, Septic Upgrades to Advanced Treatment Units (100 sites), • LG002 – IRL, Quick Connects to Sewer (200 homes), • LG003 – Grand Canal Muck Dredging Project – Phase VI, • LG004 – South Beaches Zones O and P Septic-to-Sewer Project, • WG004 – Merritt Island Zone C Septic-to-Sewer Project, • WG005 – Merritt Island Zone F Septic-to-Sewer Project, • WG006 – Merritt Island Zone G Septic-to-Sewer Project, • WG094 – South Banana Zone B Septic-to-Sewer Project, • WG011 – South Central Zone D Septic-to-Sewer project, and • LGXXX – Sykes Creek Zone T Septic-to-Sewer Project; authorized the County Manager to execute task orders and change orders, including those in excess of $200,000; authorized competitive procurement following County Policies and Procedures for constructing projects receiving funds from these Grants; authorized the County Manager to execute competitively procured construction contracts, modifications, amendments, and change orders, as needed, including those in excess of $100,000; approved necessary Budget Change Requests (BCR); and authorized staff to submit grant funding applications to the State by June 30, for Fiscal Year 2025 Water Quality and IRL Grant Programs (pending the Governor’s approval of the Legislature’s $75 million appropriation for FY25). Page 9 of 47 May 21, 2024 Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F.6. Permission to Reject Sole Proposal in Response to Bid # B-6-24-29: Natural Resources Management Department, Save Our Indian River Lagoon Program - Eau Gallie Muck Removal Project (continued) The Board rejected the sole proposal in response to Bid #B-6-24-29, Natural Resources Management Department Save Our Indian River Lagoon Program for the Eau Gallie Muck Removal Project. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F.7. Approval RE: Transportation Impact Fee Technical Advisory Committee for the Central Mainland Benefit District Project Funding Recommendations (District 2) The Board approved the disbursement of $42,874 in transportation impact fees in accordance with the recommendations prepared by the Transportation Impact Fee Technical Advisory Committee of the Central Mainland Benefit District; and authorized the Budget Office to execute any Budget Change Requests (BCR) necessary for implementing these appropriations. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.8. Approval Re: State-Funded Grant Agreement and Resolution with the State of Florida Department of Transportation for the Traffic Management Center - District 4 The Board adopted Resolution No. 24-046, authorizing execution of the Grant Agreement; approved and executed State-Funded Grant Agreement with Florida Department of Transportation (FDOT) for the Traffic Management Center; authorized the County Manager to execute any necessary supplemental agreements (amendments) and resolutions, contingent upon approval by the County Attorney’s Office, Rick Management, and Purchasing Services; and authorized the County Manager to approve any necessary Budget Change Requests (BCR) associated with this request. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.9. Approval, Re: Dedication of Sidewalk Easement from Sierra Cove Neighborhood Association, Inc. for the Pineda Boulevard Four-Lane Widening Improvements Segments “C” and “D” Project - District 4. The Board accepted the Sidewalk Easement from Sierra Cove Neighborhood Association, Inc. for the Pineda Boulevard Four-Lane Widening Improvements Segments “C” and “D” Project. Page 10 of 47 May 21, 2024 Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.10. Approval Re: Memorandum of Agreement with the City of Palm Bay for Climate Pollution Reduction Grant - Countywide The Board approved and executed the Memorandum of Agreement with the City of Palm Bay establishing the Climate Pollution Reduction Grant Coalition. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.11. Approval, Re: Permission for the Space Coast Transportation Planning Organization to Apply to the Rail Crossing Elimination Grant on behalf of Brevard County (continued) The Board granted approval for the Space Coast Transportation Organization (TPO) to apply for the Rail Crossing Elimination Grant (or any subsequent opportunities) on behalf of Brevard County; authorized the Chair to sing, on behalf of the Board, a Letter of Support for the Project; authorized the County Manager to execute any necessary supplemental agreements (amendments), documents, and/or contracts contingent upon approval by the County Attorney’s Office; and authorized the County Manager to approve any necessary Budget Change Requests (BCR) associated with this request. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F.12. Adopt Resolution and Release Performance Bond: Bridgewater South at Viera, Section 2 Subdivision - District 4 Developer: WCI Communities, LLC The Board executed and adopted Resolution No. 24-047, releasing the Contract and Surety Performance Bond dated May 17, 2022, for the Bridgewater South at Viera, Section 2 Subdivision – Developer: WCI Communities, LLC. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.13. Approval, Re: Dedication of Utility Easement from Wickham Summerbrook, LLC for the construction of Space Coast Credit Union - District 4. The Board approved and accepted the Utility Easement from Wickham Summerbrook, LLC for the construction of Space Coast Credit Union. Result: APPROVED Mover: Tom Goodson Seconder: Rob Feltner F.14. Adopt Resolution and Release Performance Bond: Harbor Island Beach Club - District 3 Developer: Phoenix Park Fund V, LP Page 11 of 47 May 21, 2024 The Board executed and adopted Resolution No. 24-048, releasing the Contract and Surety Performance Bond dated May 19, 2020, for the Harbor Island Beach Club – Developer: Phoenix Park Fund V, LP. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.15. Legislative Intent and Permission to Advertise RE: Code Revisions to Chapter 62, Article XI, Flood Damage Protection, Division 1 The Board granted legislative intent and permission to advertise an amendment to the following Codes in Chapter 62, Article XI, Division 1, Sections: 62-4001, “Definitions and Rules of Construction; 62-4005, “Basis for Establishing Areas of Special Flood Hazard and Adoption of Flood Insurance Rate Map”; 62-4061, “General Standards”; and 62-4062, “Specific Standards”. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.16. Task Order Amendment approval for Sykes Creek Regional Water Reclamation Facility Deep Injection Well (DIW) System Mechanical Integrity Testing (MIT) and DIW Component Replacements The Board approved Task Order No. 16, Amendment No. 1, for the Sykes Creek Regional Water Reclamation Facility Deep Injection Well (DIW) System Mechanical Integrity Testing (MIT) and DIW Component Replacements Project; and authorized the County Manager to sign the Task Order Amendment. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.17. Amendment 4 - Public Transportation Grant Agreement (PTGA) FM# 440772-1-94-01, Hangar Development Construction Phase Funding at Valkaria Airport. The Board approved and adopted Resolution No. 24-049; approved and authorized the Chair to execute Amendment 4 to the existing Florida Department of Transportation (FDOT) Public Transportation Agreement (PTGA) FM# 440772-1-94-01 for hangar development at the Valkaria Airport; and authorized all necessary Budget Change Requests (BCR) associated with this Agreement. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.18. Approval of a new lease agreement between Brevard County (COUNTY) and the Brevard County Mosquito Control District (DISTRICT). The Board approved and authorized the Chair to execute a new Lease Agreement between Brevard County Mosquito Control District and Brevard County (Valkaria Airport). Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Page 12 of 47 May 21, 2024 F.19. Approval, Re: Adoption of State Fiscal Year 2024-2027 State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan (Estimated $2,648,427) (continued) The Board approved and adopted Resolution No. 24-050, for State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) for Fiscal Years 2024-2027; authorized the Chair to sign the required State Certifications and sign any amendments that the Florida Housing Finance Corporation (FHFC) determines necessary to meet the requirements of State Statute 420.907-9075; approved the Housing and Human Services Department, as contract administrators, to use competitive procurement to seek contractors to complete proposed activities and projects; approved the Housing and Human Services Director to endorse agreements, amendments, and modifications for activities and projects identified in the LHAP and procured by the Housing and Human Services Department, after approval from Risk management and the County Attorney’s Office; and authorized the County Manager to approve any related Budget Change Requests (BCR). Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F.20. Reallocation of American Rescue Plan Act (ARPA) funds to West Cocoa Stormwater Improvements The Board approved the use of American Rescue Plan Act (ARPA) funds for West Cocoa Stormwater Improvements; authorized the County Manager to execute all necessary Budget Change Requests (BCR) for the ARPA-funded expenditures approved by the Board; authorized Purchasing Services to issue and award competitive solicitations; and authorized the County Manager to execute all contracts, contract amendments, task orders, work orders, and any necessary extensions, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.21. Approval of Group Health Plan Design Changes The Board approved plan design changes for calendar year 2025 as recommended by the Employee Benefits Insurance Advisory Committee (EBIAC). Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.22. Gulfstream Towers, LLC v. Brevard County - Authorization to Commence Appeal in Eleventh Circuit Court of Appeals (Board Denial of CUP Request for Wireless Tower on Property Owned by Hope Episcopal Church, Inc. in Suntree) The Board authorized the County Attorney, through insurer-assigned outside counsel, to commence an appeal in the Eleventh Circuit Court of Appeals for Gulfstream Towers, LLC v. Brevard County, on or before June 5, 2024. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Page 13 of 47 May 21, 2024 F.23. Fred Poppe Regional Park f/k/a Palm Bay Regional Park/Cellular Communications Tower (continued) The Board confirmed that the location of a cellular communications tower at Fred Poppe Park in Palm Bay will not violate a use restriction set forth in the County Deed conveying the Park to the City. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F.24. Appointment(s) / Reappointment(s) The Board appointed/reappointed of Dilesh Patidar to the Tourist Development Council, with said term expiring December 31, 2027. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.25. Approval, Re: Resolution for a Modification to the Proposed Economic Incentive Agreement between the North Brevard Economic Development Zone and Project "Topaz" in Titusville (continued) The Board approved and adopted Resolution No. 24-051; and approved and authorized the Chair to execute the modified version of the proposed Economic Incentive Agreement for the economic development project known as Project “Topez”. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F.26. Bill Folder The Board acknowledged receipt of the Bill Folder, as submitted. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.27. Revision of BCC-56 Policy, Public Use of Meeting Rooms at the Brevard County Government Centers The Board approved proposed revisions to Policy BCC-56, Public Use of Meeting Rooms at the Brevard County Government Centers. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner G. PUBLIC COMMENTS ` Heather Elko commented she wants to speak briefly about Erna Nixon Hammock; a couple of Page 14 of 47 May 21, 2024 weeks ago there was a bit of a panic, because people learned that there was no full-time staff there now, there is only the rotating maintenance people; she wrote to her Commissioner, Mr. Steele; he directed her inquiry to the Parks and Recreation Director who said the positions will be filled; she hopes they will be filled in a timely manner; and Erna Nixon Hammock is a very popular park near the mall. She stated she knows many people have seen it; it has a fabulous boardwalk; that boardwalk is used by people who have trouble walking on uneven ground, so that beautiful, nice, smooth boardwalk is particularly attractive to them, as well as people who come from lunch and after work from a lot of the contractors’ offices around there; she asked why was there such a panic; she advised, in her opinion, and she has lived here 42 years, and probably in the last eight years been pretty rattled by the news people get by various means; people do not feel the trust he or she would like to feel; and a few months ago, they read that Wickham Park was going to be traded off to Melbourne. She went on to say a few months prior to that, they learned that the arts funding was going to be zeroed out; the point is those were corrected, so they did not zero out the arts funding or get rid of Wickham Park; they did not for any number of reasons; it was the same decisions that were kind of made from a power base without citizens being informed; but worse than being informed is being considered. She noted the quality of life in this County for many of the citizens is the parks and the arts, and the security that the Board is looking out for the citizens’ best interests; the trees on Rockledge Drive now stand naked with no limbs or no canopies . . . Chair Steele asked if that is on the Agenda later on. Ms. Elko advised she is still on Erna Nixon. Chair Steele explained he understands, but if it is on the Agenda later on, the Board does not need Ms. Elko to be talking about it. Ms. Elko stated the trust that has been broken through those kinds of decisions, and kind of a hard-edged non-responsiveness is why they panicked about Erna Nixon Park; she hopes it will be filled in a timely manner; and that is her request. Chair Steele pointed out he thinks his staff has responded to Ms. Elko’s emails quite candidly and nicely, and Mary Ellen Donner, Parks and Recreation Director, has replied very nice; the County is working on those things; and some of the things Ms. Elko talked about where boats are changed in the middle of the stream is because there are emergency situations that the County has to make decisions on, so he reiterated the County apologizes if it cannot give all of the information to the general public; but sometimes that has to be dealt with on an emergency basis. He expressed his appreciations to Ms. Elko for her comments; and he stated the County will try to do better. Chuck Sheridan stated this is probably the last things he wants to do is to criticize a County department, which is not his intent at all; he has a friend who lost her husband about a year before he lost his wife; she lives in a gated community close by to here; two weeks ago, she had a roof put on her house; he went to look at it while it was under construction; and he noticed the dry-in inspection has already been signed off on, with only a quarter of the roof being removed. He continued by saying over the weekend, she developed a leak due to apparently bad flashing, has to have drywall removed, insulation replaced, and the ceiling painted; he does not know if the Building Department is overtaxed or that this roofer does about four houses a week in this neighborhood, but this was a new crew with him where he built up a trust and feels like he does not have to go on the roof, which as a general contractor, he would have loved; he has been a general contractor for 40 years; he was appointed two terms by the Governor to the Building Code Administrators and Inspectors Board; and that is why he feels Page 15 of 47 May 21, 2024 he should say something, because the reason they have building inspectors is to give that second view as it is hot out there and people make mistakes. He advised the supervisor did get up on the roof before they proceeded at different stages, progress inspections he guesses; but the Building Department never got on the roof and signed it off. Chair Steele asked how Mr. Sheridan knows the Building Department never got on the roof. Mr. Sheridan replied he was there. Chair Steele asked if Mr. Sheridan was there all day and night long. Mr. Sheridan responded when he signed off on one of the tickets, yes; she has cameras around the house; it is something to maybe look into; it is probably an isolated case; and there were storms coming that day. Chair Steele stated there is nothing the Board can do about his Public Comments today, but if he ever wants anything done, to probably try to do it with an email thread, and go from there, because, quite candidly, this will fall through the cracks today; and it is always best to do an email thread so one can track where these things are. Sandra Sullivan commented she wants to talk about the Indian River Lagoon sales tax and the degradation of trust with the people of Brevard County; there was a vote here regarding the right-of-way on Rockledge Drive; the Board asked Marc Bernath, Public Works Director, if they were going to cut trees, so they came in and they chopped trees; she provided pictures of the trees to the Board; and she advised after leaving some of the partial trunks, some of the owners said they wanted them cut down. She mentioned this is not tree trimming, it is tree butchering; it is a very scenic drive, a State scenic drive, and a Federal scenic drive; these are just some of the pictures, there are more, as she was out there yesterday; it is horrendous what this has done; she just wants to say that it is very concerning to her because this sewer project on this road has been on there since the original Lagoon Plan; and the residents have advocated a lot on the protection of these trees. She asked if the Board knew that Save Our Indian River Lagoon (SOIRL) Plan has funded five septic tanks, advanced septic tanks, of nearly $100,000; she stated according to the GIS system, this septic, putting in sewer, is in progress; then there is the Grand Canal issues, which she brought up, and the trust issues there; then there is Flamingo Drive, so they in South Patrick Shores have a seedy motel, thanks to Tobia, a bar that is open all night, and a strip club, the only protection South Patrick has from these influences is a County Ordinance that says to have a tree buffer; and then the County is going to come in, cut down the trees, to expose her neighborhood to unsavory elements, and to violate its own Ordinance. She added to put in an exfiltration system, which the groundwater is 10 inches beneath the ground; the project is flawed at the outset; the Board is going to expose the community; the County has three projects that the people have stated they are in opposition to; yet, it steamrolls ahead ignoring the people; and maybe it is time the people vote no for the Lagoon tax. Sarah Hodge remarked she wants to agree with everything Ms. Sullivan said; she has been just devastated ever since those trees have been butchered, not cut; she asked if any of the Board Members have gone to look at these trees; she advised she has talked with a lot of people who grew up here, and they are devastated; the mother tree was 350 years old; and generations will never see trees like that again. She asked if the County was to trim those trees; she noted it butchered them and broke them down; some of them are down to the ground; there was no reason for that; those trees are important for the filtration, erosion on the soil, and they are important for so many things; and she knows people who just come to visit Rockledge Drive, Page 16 of 47 May 21, 2024 just because they care about the history they had there. She explained she cares about it; she has family who would go down there when someone passed away in their family, because that meant so much to them to get peace; there is an autism group that was using that road for therapy once a week; those families do not know what they are going to do now; she asked why the County butchered those trees; she pointed out there is no excuse for it; she is telling the Board that people will not forget; she has a list of people who have talked to her about this that she grew up with that are not happy; she asked again why the County would do that; and she stated it is unconscionable. She stated the County told people it was going to trim their trees and it cut them down, 350 year old trees, people who need therapy, and it does not matter to the Board at all; it is devastating, it really is; a lot of people from the tree committee did not come today because they are devastated and they could not sit up here and talk; the Commissioners do not know what it has done to this County; and people will not forget it. Commissioner Goodson asked Mr. Bernath to come up, as he wants to rebut some of the comments of the speakers. He asked if it was correct that there were 65 total trees. Mr. Bernath replied yes, there were 65, four of them were actually done by residents before the County got there. Commissioner Goodson inquired out of the 61 left, how many were totally destroyed and cut down. Mr. Bernath responded first of all, they did not cut down any without the expressed permission and a right-of-entry from the residents themselves; there were roughly, from recollection, about 14 that staff defined as major plus, plus; certified mail was sent out to the actual residents; they were very explicit what was being done, which is cutting it on the right-of-way line or the edge of pavement; and at the residents option, the trees were taken out. Commissioner Goodson explained Mr. Bernath is answering way too much; and he asked, as he would like to know, how many trees were cut down on the County’s right-of-way. Mr. Bernath advised he believes there were two, but it was at the property owners' request. There was an outburst from the audience. Commissioner Goodson stated to please let Mr. Bernath talk, and they can come up and talk all they want, because undoubtedly the County raped, pillaged, and plundered the whole River Road; and he asked if that is correct. Mr. Bernath replied when one goes down Rockledge Drive there are a handful of trees that staff has done the major plus, plus cutting; and otherwise, the trimming half of them were minor trimming, the others were major trimming, but really just limb trimming. Chair Steele stated, Sarah that is enough. There was an uproar in the audience. Chair Steele remarked you sir, put that down now; the Board is not going to put up with this stuff; it is trying to do this in a kind, calm fashion; yet, he is starting to raise hell; and he advised no more. Commissioner Goodson asked if Mr. Bernath would say most of the trimming, or could one go Page 17 of 47 May 21, 2024 down there, and was most of it above his head. Mr. Bernath responded it was at the 14-foot record, which is both the County Code, the State Code, and the Federal Code minimum regulations; it is actually 16 feet, six inches; but after a technical evaluation by the County’s Traffic Engineer, staff decided they could lower it so that they could maximize the amount of trees they did not have to touch. Commissioner Goodson asked if there was a wreck yesterday on River Road with a school bus that even hit a tree. Mr. Bernath responded affirmatively. Commissioner Goodson asked if it was one of the trees the County trimmed. Mr. Bernath advised it was a tree that staff trimmed at 14 feet; and they still managed to hit it. Commissioner Goodson inquired if Mr. Bernath knows why or did it just happen. Mr. Bernath replied it appears that the tire and the frame were slightly over the edge of pavement, while the tires themselves were on the pavement, it looked like it was over by about two inches. Chair Steele asked to be excused for a second; he stated he is going to warn Kristin one more time; no more signs today, or she will be escorted out of this meeting; and it is the last warning he is giving. Commissioner Goodson asked if the trimming is 100 percent done. Mr. Bernath responded yes, sir; he pointed out there was one more tree this morning that was being worked on, and that was a major plus, plus; then, there will be some stump grinding; again, it was at the request of those property owners to have those trees taken down; and staff agreed that they would remove it completely, so there is some of that cleanup today. Chair Steele asked if Mr. Bernath received written confirmation to do this. Mr. Bernath responded in the affirmative. Commissioner Goodson inquired if staff is done as far as trimming; and other than stump grinding, they are done with trimming. Mr. Bernath replied and the one tree that he mentioned that should be going on now. Commissioner Goodson asked if it will be finished today hopefully. Mr. Bernath responded correct. Commissioner Goodson asked if an arborist came down there; he asked if they viewed all of the trees prior to trimming and said these are unhealthy or healthy; he inquired how much retention an Oak tree has as far as holding storm surge, because the River Road, if one knows it, is pretty much level as one gets further south to the river elevation; he stated it is not like it takes much for it to flood; he asked how much an Oak tree retains in water; does anybody know; and he advised he does not know. Page 18 of 47 May 21, 2024 Mr. Bernath replied that is not something he is able to answer; and he can say definitively though, when Natural Resources Management was up here with him, they had thoroughly reviewed it, and the minimal amount of trees being impacted is not an impact to the Indian River Lagoon. H.1. Ordinance rescinding the Economic Development Ad Valorem Tax Exemption for Erchonia Corporation. Chair Steele called for a public hearing to consider an ordinance rescinding the Economic Development Ad Valorem Tax Exemption for Erchonia Corporation. Karen Conde, Assistant to the County Manager, explained Item H.1., is requesting the Board of County Commissioners to consider adopting an ordinance rescinding the Economic Development Ad Valorem Tax Exemption for Erchonia Corporation, and seek claw back of the 2023 exemption granted in the amount of $722.10. There being no comments or objections, the Board adopted Ordinance No. 24-08, repealing Ordinance 2015-20 and Ordinance 2017-04 granting to Erchonia Corporation, certain ad valorem tax exemptions, for failure to meet the criteria for such exemptions; and providing an effective date. Result: ADOPTED Mover: Rob Feltner Seconder: John Tobia Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele H.2. Ordinance rescinding the Economic Development Ad Valorem Tax Exemption for BK Technologies, Inc. Meeting went into Recess Meeting Reconvened Chair Steele called for a public hearing to consider an ordinance rescinding the Economic Development Ad Valorem Tax Exemption for BK Technologies, Inc. Sandra Sullivan stated with all of the ad valorem tax exemptions that have been rescinded, including this one, the previous one, and other ones at other meetings, she hopes the Board does not bring forth, this fall, a referendum to do ad valorem taxes; it really brings into question, from her perspective, the effectiveness of the Economic Development Council (EDC) when there are so many projects not bearing out with these tax exemptions; and maybe the Board should be rethinking about restructuring the North Brevard Economic Development Zone (NBEDZ) and having accountability there internally. There being no further comments or objections, the Board adopted Ordinance No. 24-09, repealing Ordinance 2019-010 granting to BK Technologies, Inc., certain ad valorem tax exemptions, for failure to meet the criteria for such exemptions; and providing an effective date. *The Board recessed at 10:13 a.m. and reconvened at 10:19 a.m. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner Page 19 of 47 May 21, 2024 Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele H.3. Emergency Management Ordinance Chair Steele called for a public hearing to consider an ordinance for establishment of an Emergency Management ordinance. John Scott, Emergency Management Director, stated on April 23rd, the Board provided staff intent to develop an Emergency Management ordinance; they have done that; they are back with that ordinance; and as a reminder, the ordinance is focused upon making sure staff has the operational flexibility they need to quickly respond to disasters, and that they are structured in a manner that they can both ask and receive Federal and State support in a much more efficient manner. Chair Steele stated he took a walk through the Emergency Operations Center (EOC); the County is right where it needs to be with that; he expressed his appreciation to Mr. Scott for all of his hard work with that; it is incredible; and the citi

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  • Agenda item D.Other meeting itemsapproved - The Board approved the March 12, 2024, Regular Meeting, and the April 4, 2024, Zoning Meeting Minutes.

    MINUTES FOR APPROVAL

    Department: MINUTES FOR APPROVAL

  • Agenda item E.1.Resolutionsapproved - Commissioner Tobia read aloud, and the Board adopted Resolution No. 24-042, honoring the athletic achievements of Jaida Williams-Goins, who is a source of pride for the County and shows resounding promise as a future leader.

    Resolution honoring the academic and athletic achievements of Jaida Williams-Goins. (District 3)

  • Agenda item E.2.Resolutionsapproved - Commissioner Feltner read aloud, and the Board adopted Resolution No. 24-043, proclaiming the week of May 19-25, 2024, as Emergency Medical Services Week.

    Resolution acknowledging Emergency Medical Services (EMS) Week.(District 4)

  • Agenda item E.3.Resolutionsapproved - Commissioner Steele explained there is generosity and things that happen in Brevard County that he really thinks are miracles; he has a friend, Malcolm Kirschenbaum, who was at his house one evening with his wife; they were talking about lifeguards; Mr. Kirschenbaum told him that two floors below him in his condominium, the woman who takes care of the foundation for Ron Jon would be more than happy to support and give to the County some money to put together the Drown Zero program; and he texted her and asked her to come up to his condo. He continued by saying Jacqueline Youngs came up and asked him what he needed from Ron Jon, the foundation will take care of it; today the Board has the opportunity to show the audience members some of that stuff; but he can tell people, in addition to that, Ron Jon gave the County $80,000 for a facility to take care of this equipment that is out there; and he can say, the County absolutely needed it. He read aloud the resolution. Motion by Commissioner Feltner, seconded by Commissioner Goodson. Commissioner Tobia advised supposedly the goal of this organization is to reduce and prevent drowning deaths; at the March 7th Cocoa Beach meeting he said, “I fought this battle with the County when I was lifeguard chief to get more guards, and I can’t believe the state of lifeguards were in;” he stated Mr. Werneath further went on to say, “We should not pay for an organization that is providing us with USLA professional lifeguards, and is not meeting USLA standards;” and he asked why he has moved away from valuing lifeguards instead of working to increase lifeguards funding, effectively removing them from the most popular beaches in the County, and now encourage to replace them with a ring on a post. Wyatt Werneath expressed his appreciation to the Board, County Manager, County Attorney, and staff, as well as its public safety services; he advised that was a very passionate presentation that he gave, maybe some things that came from the heart outside of professionalism; he knows he could have done things better; he has apologized to people for that; but to be clear, in no way is he replacing lifeguards, as he still advocates lifeguards. He went on to say this is actually beach safety week, as well as EMS, and he reached out to the lifeguards and he wants to provide them with a prestigious membership that a lot of them have not ever heard of, the USLA membership; each lifeguard has it; he offered to pay for that as he fosters lifeguarding; what they are doing is a force multiplier; there are 210 beach accesses in Brevard County; at the peak of the season, there are like 25 towers; and that still leaves a huge gap. He pointed out when he was lifeguard chief, he spent his whole career trying to fight for the year-round program that the County has today; he is very honored with that; what he was disappointed about is they had a drowning in front of the lifeguard tower; the chance of drowning in front of a lifeguard is one in 18 million; they were that one; regardless of how it is sliced, and there is a lot of investigation going on, lifeguards do a preventative job, they victim recognition and dry land guarding; and if a lifeguard has to go into the water, something has gotten by he or she. He stated on that day, the tapes show that the lifeguards were not very observant; he was upset about that, because he saw the tapes on that; he pulled out, as lifeguard chief, 26 people from the ocean, did CPR, and they did not make it, so he is very passionate about this; what he has done, again, is create a force multiplier in areas where there are not lifeguards, during times there are not lifeguards from 10:00 a.m. to 5:00 p.m.; and he is excited to report today, since the Board approved them in April, they have had 50 assists with these. He noted that means there were 50 people, and there were no lifeguards around; there was no EMS response because a lot of times the people take care of it, much like surfers have, which are called undocumented rescues; they are also working to improve this by providing technology; they had a meeting yesterday, with the City of Cocoa Beach, the County is next, as well as Melbourne Beach, to implement technology that when it is pulled, it is no different than a fire extinguisher in a building; an alarm will go off, a dispatcher will go, it is like a fire alarm, and they roll out; and that is in the absence of lifeguards, or if they do not have them. He advised they did not in any way replace lifeguards. Commissioner Tobia stated he had him when he apologized; he had not heard that; he understands sometimes people say things when he or she is getting passionate; he appreciates him doing that; he is sure he did it before; and he expressed his appreciation to Mr. Werneath for saying that. He continued by saying unfortunately, it went a little sideways from there; he wanted to make something extremely clear, because Mr. Werneath’s perception of reality and facts are completely different; he is going to stand up for the County lifeguards; he is not going to say it, but will pass it on to Chief Patrick Voltaire, Fire Rescue Director; Mr. Werneath should know this stuff as a former lifeguard that there is a field of vision that lifeguards work in; his thought is it was 75 feet either way, so the field of vision is 150 feet; he cannot imagine watching the number of swimmers, God knows how far a person has to watch out, but 150 feet is long; and Mr. Werneath said someone drowned within the field of vision of 150 feet. He advised he would like to pass it over to Chief Voltaire, because his recollection and Mr. Werneath’s are quite different. Mr. Werneath asked if Commissioner Tobia has seen the tapes. Commissioner Tobia pointed out he is very passionate about County employees; when one is disparaged, it is kind of a travesty; and he asked Chief Voltaire if the person who drowned was within that 150 feet. Chief Voltaire commented it was north of that. Commissioner Tobia asked how much north if he recalls. Chief Voltaire replied be believes it was almost a block; and he will say he has gotten the preliminary, he thinks Cocoa Beach did the investigation, and from the lifeguard chief, it was found well outside of the reasonable means of the lifeguard tower to be in their visual. Commissioner Tobia explained it is a terrible situation; but to say or characterize that someone drowned in front of a lifeguard is not helping the situation; not only that, but it is not factually correct; he thinks that is extremely unfortunate; and he does not appreciate disparaging the hard working men and women that are out there doing their best to make sure that people are safe. Chair Steele advised he does not think there needs to be any more comments in regards to this. Commissioner Pritchett stated she heard Mr. Werneath say that he is working on making those so they activate emergency medical; she thinks that is a wonderful idea; she loves it when people come along with new innovative ideas; usually it is the public who has to come up with some of these things; and she expressed her appreciation to Mr. Werneath for that, as she thinks that is a really good thing. Chair Steele noted as soon as that happened, Frank Abbate, County Manager, called him into his office and they talked about it; he told Mr. Abbate that Mr. Werneath was very passionate about this; he recognizes his passion; he recognizes what he is doing here; this is going to protect lives on Brevard County’s beaches; and he expressed his appreciation to Mr. Werneath. Chair Steele called for a vote on the motion. The Board adopted Resolution No. 24-044, recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation, for their efforts to prevent drownings by expanding water education, awareness, and rescue equipment availability on Brevard County beaches.

    Resolution recognizing Drown Zero International and the Surfing’s Evolution and Preservation Foundation (District 5)

    $80,000

  • Agenda item F.1.Contractsapproved - The Board approved and executed St. Johns River Water Management District (SJRWMD) Cost-Sharing Agreements 39141 and 39282; authorized execution of the to-be-received East Main Street Mims Nutrient Removal Project Grant Agreement, substantially in the form of other executed MN034 Cost-Sharing Agreements, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; granted permission to execute grant amendments and modifications, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; granted permission to execute all competitively procured construction and Construction Manager at Risk (CMAR) contracts, amendments, and change orders; and authorized associated Budget Change Requests (BCR).

    Cost-Sharing Agreements 39141 and 39282 with St. Johns River Water Management District (SJRWMD) for the Brevard County West Arlington-Basin 1304B Project (D4), Brevard County Angel Avenue - Basin 1066 (D2) and Brevard County East Main Street Mims Nutrient Removal Project (D1).

  • Agenda item F.2.Contractsapproved - The Board approved the Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for cost-sharing and nutrient credit sharing of the Sykes Creek Zone N Septic-to-Septic Project; authorized the Chair to execute the JPA; authorized the County Manager to execute any future amendments; and authorized the County Manager to approve related Budget Change Requests (BCR).

    Florida Department of Transportation Joint Participation Agreement for cost-sharing and nutrient credit sharing of the Sykes Creek Zone N Septic-to-Sewer Project.

  • Agenda item F.3.Contractsapproved - The Board approved the Temporary Use Agreement for County-owned property at 1800 Lake Drive, Cocoa, Tax Account No. 2423199, to provide temporary office space and equipment storage for the Countywide Vegetative Harvesting Program.

    Temporary Use Agreement to Provide Temporary Office Space & Equipment Storage for County-wide Vegetative Harvesting Program

  • Agenda item F.4.Other meeting itemsapproved - The Board approved and executed the Certifications of Lands Certificate Number Two for the North Reach of the Brevard County Federal Shore Protection Project as prepared by the County Attorney’s Office.

    Certification of Lands as required for the North Reach of the Brevard County Federal Shore Protection Project.

  • Agenda item F.5.Budget and financeapproved - The Board authorized the County Manager to execute the grant contracts, amendments and modifications, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services, in order to accomplish work proposed in the following awarded Florida Department of Environmental Protect (FDEP) Indian River Lagoon (IRL) Grant Agreements: • LG001 – IRL, Septic Upgrades to Advanced Treatment Units (100 sites), • LG002 – IRL, Quick Connects to Sewer (200 homes), • LG003 – Grand Canal Muck Dredging Project – Phase VI, • LG004 – South Beaches Zones O and P Septic-to-Sewer Project, • WG004 – Merritt Island Zone C Septic-to-Sewer Project, • WG005 – Merritt Island Zone F Septic-to-Sewer Project, • WG006 – Merritt Island Zone G Septic-to-Sewer Project, • WG094 – South Banana Zone B Septic-to-Sewer Project, • WG011 – South Central Zone D Septic-to-Sewer project, and • LGXXX – Sykes Creek Zone T Septic-to-Sewer Project; authorized the County Manager to execute task orders and change orders, including those in excess of $200,000; authorized competitive procurement following County Policies and Procedures for constructing projects receiving funds from these Grants; authorized the County Manager to execute competitively procured construction contracts, modifications, amendments, and change orders, as needed, including those in excess of $100,000; approved necessary Budget Change Requests (BCR); and authorized staff to submit grant funding applications to the State by June 30, for Fiscal Year 2025 Water Quality and IRL Grant Programs (pending the Governor’s approval of the Legislature’s $75 million appropriation for FY25).

    Florida Department of Environmental Protection Indian River Lagoon Grant (continued)

    $10

  • Agenda item F.7.Budget and financeapproved - The Board approved the disbursement of $42,874 in transportation impact fees in accordance with the recommendations prepared by the Transportation Impact Fee Technical Advisory Committee of the Central Mainland Benefit District; and authorized the Budget Office to execute any Budget Change Requests (BCR) necessary for implementing these appropriations.

    Approval RE: Transportation Impact Fee Technical Advisory Committee for the Central Mainland Benefit District Project Funding Recommendations (District 2)

    $42,874

  • Agenda item F.8.Budget and financeapproved - The Board adopted Resolution No. 24-046, authorizing execution of the Grant Agreement; approved and executed State-Funded Grant Agreement with Florida Department of Transportation (FDOT) for the Traffic Management Center; authorized the County Manager to execute any necessary supplemental agreements (amendments) and resolutions, contingent upon approval by the County Attorney’s Office, Rick Management, and Purchasing Services; and authorized the County Manager to approve any necessary Budget Change Requests (BCR) associated with this request.

    Approval Re: State-Funded Grant Agreement and Resolution with the State of Florida Department of Transportation for the Traffic Management Center - District 4

  • Agenda item F.9.Other meeting itemsapproved - The Board accepted the Sidewalk Easement from Sierra Cove Neighborhood Association, Inc. for the Pineda Boulevard Four-Lane Widening Improvements Segments “C” and “D” Project.

    Approval, Re: Dedication of Sidewalk Easement from Sierra Cove Neighborhood Association, Inc. for the Pineda Boulevard Four-Lane Widening Improvements Segments “C” and “D” Project - District 4.

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