Brevard County Board of County Commissioners

Tuesday, August 27, 2024 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular August 27, 2024 A. CALL TO ORDER 9:01 AM Rollcall Commissioner District 1 Rita Pritchett, Commissioner District 2 Tom Goodson, Commissioner District 4 Rob Feltner, and Commissioner District 5 Jason Steele Present: Commissioner District 3 John TobiaAbsent: C. PLEDGE OF ALLEGIANCE: Commissioner Rob Feltner, District 4 Commissioner Rob Feltner led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL: July 9, 2024 Regular Meeting; July 11, 2024 Zoning Meeting; August 1, 2024 Zoning Meeting; August 8, 2024 Special Meeting - Melbourne-Tillman; The Board approved the July 9, 2024 Regular meeting minutes, July 11 and August 1, 2024, Zoning meeting minutes, and the August 8, 2024 Special meeting (Melbourne-Tillman) minutes. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Feltner, and Steele Pritchett, Goodson, Feltner, and SteeleAyes: Absent: Tobia TobiaAbsent: Chair Steele's Additional Comments Chair Steele stated he has a couple clean-up things; he apologizes for bringing this back up again, but apparently he did not fill out his reimbursement for his trip to Washington, D.C. correctly; he wants to be in absolute compliance with what the Clerk would like him to do; therefore, he needs a motion to approve a reimbursement of the funds for his trip to Washington, D.C. He noted that he ended up driving; the reason he ended up driving is because the computers and airlines were packed at the time and he did not want to take the risk of missing that; and that was not included in the motion for approval, therefore, he would appreciate a motion for approval of that with reimbursement for the mileage. The Board approved reimbursement in the amount of $2,742.88, of which $1,182.50 was for mileage, for Chair Steele’s travel expenses to Washington D.C. Result: APPROVED Mover: Tom Goodson Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia J.4. Approval to Extend the existing TDC/MIRA Amphitheater Grant from April 6, 2024, to April 6, 2025 and Approval of a $1.23 Million TDC Grant to construct a restrooms/concessions structure adequate to serve existing and future large Page 1 of 26 August 27, 2024 events. Chair Steele mentioned he does not normally like to do this, however, Councilman Tim Thomas from the City of Melbourne is in attendance, he is on a tight schedule, and he needs to be at another meeting at 10:00 a.m. and there are only three cards; and he would like to go to Item J.4. next. He continued by saying this is the approval to extend the existing Tourist Development Council (TDC) Merritt Island Redevelopment Agency (MIRA) amphitheater grant from April 6, 2024 to April 6, 2025; and approval of a $1.23 million TDC grant to construct and restore concession structures adequate to serve existing and future large events. Larry Lallo, Executive Director of Merritt Island Redevelopment Agency (MIRA), stated he has been working on this project for about five years with the MIRA Board; he knows a lot of it by heart, but he is a little anxious so please forgive him for that; he is going to start off with the request and then touch on some of the highlights; the request is that the Board approve the recommendations of the TDC; the TDC came forward with two recommendations that were submitted through a request from the MIRA Board; the first was that the TDC would extend the existing grant that was approved in 2020, of which some money has been expended for engineering and architecture, and to extend it to April 6, 2025; and if the Board approves this project today, it would be getting started in September. He advised the second request was for approval of $1.23 million to upgrade the restrooms in the park for existing events, but also to accommodate events that would be utilized for the amphitheater; right now in the park area itself, there is just one restroom on a septic system with only two facilities in there; and there is no way that would accommodate a larger event or even the events they have right now. He continued on by saying on the fiscal impact side, as they went through the course of this project, like some projects, there was some vision building; the MIRA Board felt they needed to create a first class facility to accommodate the expectations that were in the grant; the addition of a restroom, they felt was very vital to serve initially in the first phase, 1,000 attendees to the event; it is expandable to 2,000 for an additional $400,000; and that is not being asked for today. He stated during the course of this project they have been in several inflationary cycles, so the total cost of the project is $7.8 million for a much improved project, despite the inflationary challenges; some good news is that the Brevard County delegation approved them to go forward to the Governor for $1 million in appropriations, to assist with some inflationary costs; and that appropriation was approved and is in force as a Grant Agreement that has been executed to assist with those costs. He mentioned what he thinks is important is to look at the leverage; they have the State of Florida $1 million grant towards that cost, 13 percent of the construction cost; MIRA would contribute $4.4 million which is 57 percent of the cost; and the TDC grants, if the existing grant continuance is approved today and with the new grant, the TDC contribution would be 31 percent. Chair Steele stated he has a couple questions because he is completely confused; and he asked the Tourism Development Office Executive Director, Peter Cranis, if this had come before the TDC for approval earlier on. Mr. Cranis responded affirmatively, and he advised it came earlier this year. Chair Steele asked if it was denied. Mr. Cranis noted it was approved. Chair Steele asked if it was approved by the Board of County Commissioners. Mr. Cranis advised it was not, it had not made it to the Board at that time. Page 2 of 26 August 27, 2024 Chair Steele commented he thinks there was an Agenda Item on it, and it was tabled. Frank Abbate, County Manager, stated he thinks the Item was pulled. Chair Steele commented okay that is what happened. Commissioner Feltner stated when he spoke with MIRA at the time they did not have all of the costs finalized and he recommended that they pull it until they could better sort those things out; and this is MIRA bringing it back to the Board. He added it is just that simple. Chair Steele stated the biggest concern has always been where they plan to park all of those cars; and he needs an answer to that question. Mr. Lallo advised when they initially applied to the TDC this was a concern that was brought forth back in 2020; the MIRA board, at the time, worked with the veterans to locate potential shared parking facilities, but it was very informal; as they moved through the permitting process, the County graciously advised MIRA that it needed to get a parking study done; that was another thing they were waiting for; MIRA wanted to do it right to make sure that people if they are not parking on site, that there is a plan for where they can park, shared parking; the parking study has been approved by County staff; and the cost was $30,000 and it is included in the attachments. He added it allows for on-site parking to accommodate the viewed tiering area of 2,500; if anyone is going to go to a larger event than that, he does not anticipate very many of those, in projections there are only two larger events, there is shared parking available within one-half mile, of probably 5,000 cars; the mall has 4,000 parking spaces; there are public and private parking spaces approaching 12,000 people within two miles; and anyone who would want to do a larger event would have to permit it of how they are going to transport people, how they would get people back and forth, and show the shared parking agreement. Chair Steele asked if the parking study was done. Mr. Lallo responded yes. Chair Steele inquired if that was just an outline of what it said. Mr. Lallo responded affirmatively. Tim Thomas thanked the Board for allowing him to speak, and thanked Chair Steele for his statesman-like demeanor; he stated he is excited for this Board because it has an opportunity to make a decision today that is going to impact the residents in Brevard County from generation to generation; one of the things he is impressed with in this County is the interaction of the veterans with the youth, it is incredible; a lot of that is because of the great leadership with key veterans, and many of those are sitting behind him; a lot of that is also because there is a facility, the Veterans Memorial Center, that really kind of creates that synergy where the veterans can come together with the youth of the country and focus on the values that people want them to have; the values of love of community, love of service, and love of nation; and during September all the way up until probably early spring, people can go out to the Veterans Memorial Center about every two weekends and see about 600 Reserve Officers’ Training Corps (ROTC) cadets and probably another 600 parents watching these kids compete in leadership and athletic endeavors to improve their leadership skills and create those values of loyalty, duty, respect, selfless serve, honor, integrity, and personal courage. He continued on by saying these facilities and grants that are being asked for, that is just going to improve those facilities and continue to build upon that synergy that has a really unique atmosphere of these Page 3 of 26 August 27, 2024 veterans having such a major impact on the youth in Brevard County; to explain how much of an impact it has every one of the Joint Readiness Training Center (JRTC) programs in Brevard County, and a lot of it due to the interactions of the veterans in this community, are all honor units of distinction; that is the highest rating a JRTC Program can have in the Department of Defense; and the other thing is Brevard County’s ROTC Programs in the high schools are some of the leaders in the nation in the number of students that get ROTC scholarships and appointments to the Service Academy. He noted a lot of that is because of the impact these veterans have on these students and the importance of the Veterans Memorial Center and creating that synergy; he asked the Board to approve the grant requests; and he added this is going to help create the next generation of leaders for Brevard County and for the nation. Donn Weaver stated it is his honor for the fourth time since 2015, to come before this Board to talk about the Veterans Memorial Center; he would like to emphasize this as a concept; while veterans do the day-to-day running of the center, it is a County Park, one of the best in the County, and it is operated on the basis of what the veterans think will give the best impact, not just to veterans, but to the community; since the State of Florida approved $1.5 million in 2015, to build the best military museum in the County, immediately MIRA and the Board of County Commissioners of that day, stepped on and created the first phase of the park, then a second phase; Tourist Development built a new entrance way, that partnership between State, TDC, the County, and the community; when they got the museum, they were able to raise $600,000 from the community; organizations, individuals, and businesses in-kind contributions to remake and outfit that museum and really set a high quality standard; and all along they realize that this is a Central Brevard place where people love to come. He mentioned in 2015 they connected to 100,000 visitors per year, now there are far more than that; once they have the amphitheater and the capability to have major events with pay, with payment back to the County for maintenance and continuation of the amphitheater, there is a real opportunity to better enhance the community; in the military there is a term called legacy; legacy means what is left for others; they really do appreciate the past 10 years when they received the grant for that museum; and he asked the Board to give consideration for this project because it is for more than veterans. He remarked he thinks that can be symbolized; the County has already designated a full-time position as manager and a half-time maintenance position, if the Board approves all this to make sure this works; the Board will be invited to all the events to keep on its calendar; as a citizen of Brevard County, someone who grew up here, he always says there are 74,000 veterans in Brevard County and the Veterans Memorial Center Park represents them and the entire community; the Center receives many visitors from overseas and around the country; and that will increase. Jack Ratterman stated he would like to comment on the great job that Larry, Donn and Dean have done to get this facility moving down the road, also with the support of Commissioner Goodson; the amphitheater will add another star to the crown of being a top destination for all those who visit Florida and those that live in this amazing State and unique area; the Veterans Park and museum is the hub for them, the services, education, and celebrating their unselfish contributions to the nation and State; and this much needed facility will promote community spirit and be a “hey that is what is happening now,” venue for symphony orchestras, outdoor plays, graduation, and other special community events, enriching all that attend the wide range of entertainment and education activities. He noted there are many other accolades, but would just note some of the brightest like the North Brevard Economic Development Zone (NBEDZ) analysis of the economic impact of $69 million in 10 years, 40,500 annual attendees, and generating 11,500 room nights of heads in beds; adding that the North Merritt Island HOA, largest and oldest in the County, is 100 percent for honoring the community and veterans by approving this amphitheater; in closing he would like to express the thoughts of the great sports writer and commentary, Garland Rice, “When that one great scorer comes to write against your Page 4 of 26 August 27, 2024 name, he writes not whether you won or lost; but how you played the game”; and he hopes this Board makes the right call and approves this amphitheater. Cynthia Wall stated she has been a resident of Merritt Island for 16 years; she is looking forward to hopefully seeing this project go forward; she is speaking today on behalf of a 501C(3) established for the purpose of increasing the sense of community on Merritt Island called Community Advocacy for Merritt Island; they raise funds throughout the year from private citizens and small events and they take those funds and plow them right back into the community whether it is through beautification, conservation, or a sense of community; last year they held their first annual holiday illumination celebration at the Brevard Veterans Center and it was attended by about 500 to 600 Merritt Island residents; and they are doing that again this year. She mentioned they are expecting to have about 2,000 residents; they are doing this in conjunction with Donn and the Brevard Veterans Center as a joint venture; they are having to build a stage in the parking lot just to accommodate the entertainment; they like to bring in live entertainment from the community; they involve businesses as vendors creating kind of a Christmas carnival-like atmosphere; they invite retail people to come and have the opportunity to sell to the community; but it is really about the place and it is a place where Merritt Island can come together. She continued by saying they do not have any other facility like that on Merritt Island, so for them to try to have a community feel, they need a gathering spot; she thinks that the Brevard Veterans Memorial Center, with this amphitheater, could create what is their very best opportunity to do that; and without it, they are still a community looking for places to gather, with extremely limited resources. She thanked the Board for its consideration. Sandra Sullivan stated this project has tremendous opportunity for gathering places even for the various events that people have there for the veterans; the only concern she would like to bring up is pertaining to what is happening around this area; she just wants to put forth a suggestion that would help achieve what the desire is for this; as a Veterans Park serving veterans, people would like to keep it that way; perhaps if there is a revenue stream that comes in, hopefully profit positive, that a commitment is made to redirect those funds, or a portion of those funds, back to the veteran community, maybe with the homeless veterans, programs, or other veteran programs because her concern is that with some of the development that is going around, for example, Woodfield; Woodfield was a wetland piece of property zoned for four units, it was converted to PUD, as a PUD it was entitled to 25 percent more zoning, and somehow ended up with 377 units; and as the story goes, that it is being suggested this will be short-term rentals. She continued by saying then there is the fly-in that just got built; around that area there are short-term rental developments happening, meaning this is becoming a tourist hub; if this is serving the community and that is the greater good, wonderful; but if this is just to create a facility as a tourist destination, she thinks that money should be committed as a veterans facility to serving the veterans. Commissioner Goodson stated as the Board knows it is in his District and he thinks MIRA has done an excellent job funding it throughout and they have been very patient; he would like to see the support of the Board for this Item; and he asked if the County has already hired someone to run the venue. Mr. Lallo stated no, the County Task Force made some recommendations on if the County were to manage it, they would potentially want a full-time manager to work with promoters and a half-time person to manage the maintenance; however, to his knowledge that has not been decided; the directions given to that task force were to create the qualifications to go out to the public if the amphitheater is built, for a Request for Proposal (RFP) to hopefully get a sustainable promoter to respond to that; and then hopefully it can be sustainable from that standpoint or some other alternative. He noted the MIRA board consists of all business people Page 5 of 26 August 27, 2024 and residents of Merritt Island; and all are willing to step forward and assist with anything the County would need for business planning. Commissioner Goodson asked the County Manager if he decides to hire somebody within the County, if that would be brought to the Board for discussion prior to hiring a person. Frank Abbate, County Manager, stated if the County went out for an RFP it could be brought back, if it were County staff it would not be brought back to the Board. Commissioner Feltner stated he thought earlier in the discussions that ultimately this would end up with Parks and Recreation; and he inquired if that is correct. Mr. Abbate advised that is correct, the County would be looking to staff it through the RFP process through Parks and Recreation. Commissioner Goodson asked if the County would want to hire somebody with a great deal of experience promoting or getting this venue up and running that has skill; and he does not know if Parks and Recreation has any skill. Mr. Abbate confirmed the qualifications would be the same whether they went out to RFP or it was going to be internal. Chair Steele asked the Tourist Development Office Director if the TDC is coming up with $1.2 million. Mr. Cranis responded affirmatively; he stated the TDC approved $1.23 million out of the Capital Fund; and they have held those funds, so they are available right now in that fund. Chair Steele noted he is in complete agreement with this project, but his stomach is churning a little bit because once again, does anyone know how many heads-in-beds a facility like this is going to bring in; he knows it is important for the County and for the veterans; but this would be spending TDC monies with no real direct knowledge of what kind of heads-to-beds; and he asked if the TDC has any idea what of that is. Mr. Cranis advised he would have to defer to MIRA on that. Mr. Abbate stated there is an economic analysis that is included as an attachment in the Agenda Request which addresses that issue. Chair Steele asked for confirmation that an economic analysis has been done; and he asked if Mr. Lallo has something he wants to say. Mr. Lallo stated there was an economic impact analysis done; in his view, it was done pretty conservatively; MIRA asked NBEDZ to assist them with base data that was provided by the veterans; in terms of room nights, just on the select 34 events, of which would only be about half, the paid events, 40,545 attendees; and on the room nights it was 11,557. Chair Steele asked if that was per year. Mr. Lallo confirmed. Commissioner Feltner stated just on the heads-in-beds, he thinks there is demand throughout Page 6 of 26 August 27, 2024 the County for an events venue; that was part of an earlier discussion; he thinks some of these things that have ended up in the Parks could also go there instead of being in the Parks; maybe that would be a better fit; and that is his view on it. The Board approved extending the existing TDC/MIRA Amphitheater Grant from April 6, 2024, to April 6, 2025; and approved a $1.23 million TDC Grant to construct a restrooms/concessions structure adequate to serve existing and future large events. Result: APPROVED Mover: Tom Goodson Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia E.1. Resolution acknowledging September as Hunger Action Month in Brevard County - District 4 Commissioner Feltner read aloud, and the Board adopted Resolution No. 24-072, acknowledging September as Hunger Action Month in Brevard County. Stephanie Palacios of Second Harvest Food Bank expressed her appreciation to the Board for the Resolution. She stated this is a beautiful community with a lot of very generous people; it is important to her for people to elevate their neighbors who may be struggling to find where their next meal is coming from; Brevard County has 87 partnering agencies that are affiliated with Second Harvest Food Bank; these are community organizations that are doing this work every day; they are serving neighbors who are in need every day; therefore this work cannot be done without them or without the partnership that they have with Brevard County Government. She continued to say she is hoping their partnership with Brevard County Government will increase; Second Harvest Food Bank is investing in a large facility here in Brevard County, Melbourne; the Board should all be receiving an invite from her this week to their dedication event; and she would love to see all of the Commissioners out there to learn more about how they are investing in the neighbors of Brevard County; and she reiterated her appreciation for the Board’s commitment in ending hunger in Central Florida. Result: ADOPTED Mover: Rob Feltner Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia E.2. Resolution proclaiming the month of August 2024 as Florida Water Professionals Month - District 1 Commissioner Pritchett read aloud, and the Board adopted Resolution No. 24-073, proclaiming the month of August as Florida Water Professionals Month. Marissa King expressed her appreciation for the Resolution; she stated she is honored to stand there and represent all of the workers in the waste water and stormwater industry and to receive the recognition; as utility workers they often go unnoticed and under-appreciated despite playing a crucial role in daily lives; the less people see of them, the better they are doing their jobs; wastewater and water treatment industries play a crucial role in maintaining Page 7 of 26 August 27, 2024 the public health and protecting the environment, supporting industrial industries; they have on-going advancements and adherence to regulatory standards that are essential for ensuring the provision of safe and clean water; and the Florida Water and Pollution Control Operators Association (FWPCOA) is an organization that works diligently to provide the training opportunities and continuous education to members who are engaged in the production of drinking water, the collection and disposal of waste water, and the collection and treatment of stormwater. She noted they look forward to continuing to improve and enhance the processes to ensure public safety and environmental protections. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia E.3. Resolution Commemorating Nancy Higgs - District 3 Chair Steele stated the resolution commemorating Nancy Higgs is well received today; Nancy was an incredible human being; they did not always get along, but that was part of her dynasty; she fought for what she believed was correct; he and Nancy traveled together many times to Tallahassee; they helped to purchase the Mullet Creek Islands and a variety of other things; and there are not enough things he can say in his heart about Nancy Higgs, she was a wonderful person. Commissioner Feltner read aloud, and the Board adopted Resolution No. 24-074, recognizing and honoring the dedication and accomplishments of Nancy Higgs for her vision and efforts with Brevard County and the Lagoon. Result: ADOPTED Mover: Rob Feltner Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia The Board approved waiving Board Policy BCC-58; and approved renaming South Beach Community Park to Nancy Higgs Park, utilizing the South Beach Special Recreation District Municipal Service Taxing Unit (MSTU) to fund the sign replacements. Commissioner Pritchett stated Commissioner Higgs called her a few times and gave her some suggestions; it was always wonderful hearing from her; if she did something well Commissioner Higgs would call and sheer her on; and Commissioner Schmitt did the same. Result: APPROVED Mover: Rob Feltner Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia Page 8 of 26 August 27, 2024 F. ITEMS PULLED FROM THE CONSENT AGENDA Chair Steele pulled Item F.5., revision to BCC-100, Evaluation Procedures for Development for public comment. F.5. Approval: Revisions to BCC-100, “Evaluation Procedures for Development Proposals Pursuant to the Live Local Act Which Are Not Otherwise Permissible.” Sandra Sullivan stated she wants to thank the Board for some of the changes; this is Senate Bill 102, the Live Local, and the one she calls,”you will own nothing and be happy law”; she appreciates some of the changes that the Board made, in particular one of them, if the proposed development is adjacent to two or more sides of a parcel zoned for single-family, within a residential development with at least 25 contiguous single-family units, it is restricting the height to basically 150 percent of the single-family homes adjacent or three-stories; she is appreciative to see that; there have been people who filled this chambers in the past over such a development; and there is one that she would ask the Board to make an amendment to. She went on to say under Senate Bill 328 changes, a county must consider reducing parking requirements, and they changed it from a major transit stop to a transit stop; in the changes that were made, it would be nice if there was something specific of where it is considered because it does not say it has to be approved, it just says it must be considered; in the County’s land development regulations, as the County has now, the barrier islands are protected from bonus density because it is recognized that the barrier island is an issue because it is 56.5 hours for evacuation, or critical evacuation deficiency; and lives can be lost if more density is placed on the barrier island. She commented she would be appreciative if the Board would consider a change to amend this and say it will be considered, but where the Board will not consider it; for example, because of the protection of the barrier islands, and in fact, under 163.3 State Statute, concurrency requires that the County be no more than 16 hours in a category 5 and Brevard County is 56.5 hours; there is a legitimate basis for rejecting it; a major transit stop is where there are multiple, like two bus stops or Brightline and a bus stop, and it is being changed basically to within a quarter of a mile of any bus stop; now the County can reduce the 20 percent parking requirement and put more density on a property; and she would very much appreciate it if the Board would consider the public safety aspect of the barrier island and add that restriction in there, which the Board can do because it says it must consider, but it can have legitimate reasons for rejecting. F.1. Approval to submit grant application and execute associated agreement, modifications, and amendments upon awarding of the Department of Environmental Protection’s (DEP) Wetlands Restoration and Protection Grant for the Honest Johns Impoundment Culvert Project. The Board approved the Mosquito Control District to apply for the DEP Wetlands Restoration and Protection Grant (DEP is currently prioritizing initial project proposals); authorized the County Manager to execute the grant agreement, future grant amendments and modifications, if grant is awarded by DEP, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; and authorized the County Manager to approve all associated Budget Change Requests. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.2. Approval of Stormwater Program Interlocal Agreements with: Town of Melbourne Beach, City of Indian Harbour Beach and City of Satellite Beach The Board approved and executed the Stormwater Program Interlocal Agreements with the Town of Melbourne Beach, City of Indian Harbour Beach, and the City of Satellite Beach; and Page 9 of 26 August 27, 2024 delegated authority to the County Manager to sign future renewals and amendments for the Stormwater Program Interlocal Agreements. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.3. Lease Agreement for Natural Resources Management (NRM) Environmental Remediation and Compliance (ERC) Program The Board authorized the County Manager to execute the Lease Agreement for Natural Resources Management Environmental Remediation and Compliance (ERC) Program, after review by Risk Management, County Attorney’s Office, and Purchasing Services; and authorized the County Manager to execute any future amendments or extensions. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.4. Approval RE: Disbursement of Educational Facilities Impact Fees (Districts 1-5) The Board authorized the disbursement of Educational Facilities Impact Fees in the amount of $6,847,549.45 to the School Board of Brevard County in accordance with the terms of the Interlocal Agreement; and authorized the Budget Office to execute necessary Budget Change Requests to implement this distribution. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.5. Approval: Revisions to BCC-100, “Evaluation Procedures for Development Proposals Pursuant to the Live Local Act Which Are Not Otherwise Permissible.” The Board approved revisions to BCC-100, “Evaluation Procedures for Development Proposals Pursuant to the Live Local Act which are not Otherwise Permissible.” Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.6. Approval, Re: Dedication of Permanent Access Easement, Utility Easement, and Permanent Drainage and Access Easement from BG Wickham, LLC for the Pineda Commons Project - District 4. The Board approved and accepted the Permanent Access Easement, Utility Easement, and Permanent Drainage and Access Easement from BG Wickham, LLC for the Pineda Commons Project; and authorized the Chair to execute the Permanent Drainage and Access Easement acknowledging acceptance thereof. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.7. Approval, Re: Dedication of Sanitary Sewer Easement from Marsh Harbor Homeowner’s Association, Inc. for the Save Our Indian River Lagoon (SOIRL) Sykes Creek Zone R Septic to Sewer Conversion Project - District 2. The Board approved and accepted the Dedication of Sanitary Sewer Easement from Marsh Page 10 of 26 August 27, 2024 Harbor Homeowner’s Association, Inc. for the SOIRL Sykes Creek Zone R Septic to Sewer Conversion Project. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.8. Approval, Re: Dedication of the Right of Way by Quit Claim Deed and Drainage Easement from King SS Associates, LLC for the King Street Self Storage Project - District 1. The Board approved and accepted the Dedication of Right-of-Way by Quit Claim Deed and Drainage Easement from King SS Associates, LLC for the King Street Self Storage Project. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.9. Approval, Re: Dedication of Sanitary Sewer Easement and Assignment of Easement from MHW Beachside, LLC for the East Eau Gallie Business Center - District 4. The Board approved acceptance of Sanitary Sewer Easement and Assignment of Easement from MHW Beachside, LLC, for the East Eau Gallie Business Center; and authorized the Chair to execute the Acceptance of the Assignment of Easement. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.10. Approval RE: Ratification of Emergency Change Order 5 for the West Bay Drainage Improvements Project and Limited Settlement Agreement - District 2 The Board approved ratifying Emergency Change Order 5 for the West Bay Box Culvert Project; approved the Limited Settlement Agreement with DRMP, Inc.; authorized the County Manager to execute the Agreement; and authorized the County Manager to approve any necessary Budget Change Requests associated with this action. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.11. Approval, Re: First Amendment to Lease Agreement with the City of Melbourne for Melbourne and Eau Gallie Public Libraries The Board approved and authorized the Chair to sign the First Amendment to Lease Agreements with the City of Melbourne for Melbourne and Eau Gallie Public Libraries. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.12. Approval, RE: Agreement to amend the sewer service agreement between Brevard County and the City of Titusville servicing Manatee Hammock campground (District 1). The Board approved and authorized the Chair to execute the Agreement amending the Sewer Service Agreement between Brevard County and the City of Titusville to service Manatee Page 11 of 26 August 27, 2024 Hammock campground. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.13. Approval to upgrade UKG’s Telestaff software to the latest version and move to a cloud environment as well as implement modules which will allow centralizing employee time-related documents, reporting and automating payroll data integration to SAP. The Board authorized staff to procure UKG user licenses, migrate to the cloud model, and integrate with SAP for automating payroll data; authorized the County Manager to execute order forms, agreements, task orders, change orders, modifications, and amendments; and authorized the County Manager to establish the necessary budget to implement this upgrade and implementation. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.14. Board Approval: Renewal of Certificates of Public Convenience and Necessity (COPCN) The Board approved the renewal of COPCN; and authorized the Chair to execute the COPCN with Brevard County Fire Rescue (ALS, BLS and ALS Non-Transport), Cape Canaveral Volunteer Fire Department (ALS), Coastal Health Systems of Brevard, Inc. (ALS and BLS), Kennedy Space Center (ALS and BLS), Canaveral Space Force Station (ALS and BLS), City of Palm Bay (ALS), Health First-Holmes Regional Medical Center, Inc. d/b/a First Flight (ALS), City of Titusville (ALS), City of Cocoa (ALS), City of Cocoa Beach (ALS), City of Melbourne (ALS), City of Satellite Beach (ALS), City of Indialantic (ALS), and City of Rockledge (ALS), for the 2024-2026 renewal period. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.15. Approval of Revisions to Board Policy BCC-21, "Budget and Financial" The Board approved the revisions to Board Policy BCC-21, Budget and Financial. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.16. Approval, Re: Budget Change Request The Board reviewed and approved the BCR. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.17. Approval Re: Permission to Quote and Utilize Piggyback Contracts for Goods and Services for the County Departments/Offices. The Board approved and authorized the Departments/Offices and Central Services to utilize written quotations and piggyback contracts (as necessary) in lieu of the formal Page 12 of 26 August 27, 2024 bidding/advertising process to acquire goods and/or services when any of these situations occur, through September 30, 2027: (a) Contracted goods and/or services are not available through the contracted vendor; or (b) Goods and services were not included in the Board’s approval annual bid/proposal/negotiation listing; (c) In all cases, the procurement must be within the Board’s Adopted Annual Operating and Capital Budget; approved awarding goods and/or services to the lowest, most responsive, and responsible quote that meets the requirements of the Department/Office with the concurrence of Central Services/Purchasing Services; approved the Department/Office will make reasonable efforts to receive at least three written quotations for a procurement, and in the event less than three written quotations are received from qualified vendors, authorized the County Manager or designee to waive the requirements for three written quotations; authorized the County Manager or designee to execute piggyback contracts as determined by the Department/Office with the concurrence of the Central Services/Purchasing Services to be in the best interest of the County after market research indicates it is in the best interest of the County, subject to review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services, per Administrative Order AO-29; and approved this authority will not be applied to procurements of professional services (Architectural, Engineering, Landscaping Architectural, or Surveying and Mapping) under Section 287.055, Florida Statutes. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.18. Re: Appointment of a Special Magistrate and an alternate Special Magistrate to Consider Matters Related to the Administration and Enforcement of the Brevard County Code of Ordinances The Board appointed Christine M. Schverak, Esquire, as the County’s Special Magistrate for matters related to the administration and enforcement of the Brevard County Code of Ordinances; appointed Julie Harrison, Esquire, as the alternate Special Magistrate; approved an hourly rate of $210 for the services provided by the Special Magistrate from September 1, 2024, through August 31, 2025; approved an annual inflation adjustment to the hourly rate by the Consumer Price Index for all Urban Consumers (CPI-U); and authorized the County Manager to execute the contracts with Ms. Schverak and Ms. Harrison. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.19. Permission to Issue Annual Supply Bids, Proposals, and Request for Qualifications or Negotiate Competitive Contracts for County Fiscal Year 2024-25. The Board authorized the Central Services Director to coordinate the following procurement actions: (1) Solicit competitive bids or negotiated competitive contracts and award to lowest, most responsive, responsible, and most qualified vendor(s); (2) Solicit competitive proposals and requests for qualifications, establish selection and negotiation committees’ approval by the County Manager or designee, and award to the highest ranked proposer(s); (3) Exercise renewal options upon evaluation of the supplier’s performance and recommendation from the user Department or Office; and (4) Authorize the County Manager to award and execute contracts, contract renewals, contract amendments, contract extensions, task orders, and purchase orders subject to review and approval of the County Attorney’s Office, Risk Management, and Purchasing Services. Result: APPROVED Mover: Rita Pritchett Page 13 of 26 August 27, 2024 Seconder: Rob Feltner F.20. Re: Permission to Procure Products or Services on the Vendor of Record for the County’s Fiscal Year 2024-25. The Board authorized Purchasing Services to coordinate the procurement actions included in the County’s Adopted FY 2024-25 Annual Operating and Capital Budget: (1) Approved the use of the attached listing of Vendor of Record for the County’s FY 2024-25, as these products or services have been determined to be the sole/single source; (2) Approved the use of State Contract(s), Cooperative Contracts, and other agency contracts when market research dictates that utilizing such is in the best interest of the County; (3) Approved the competitive procurement when it is in the best interest of the County for the approved Vendor of Record or Cooperative Purchasing programs; and (4) Approved the issuance of purchase orders, and authorized the County Manager to execute contracts, contract renewals, contract amendments, and any necessary contract extensions, subject to the review and approval of the County Attorney’s Office, Risk Management, and Purchasing Services. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.21. Approval of Liability, Workers’ Compensation, Crime, and Aviation Insurance Programs for FY2024-25. The Board approved the placement of the County’s Auto, General, Professional, Crime, Cyber, Aircraft and Aviation Liability, and Workers’ Compensation insurance coverage at a cost not to exceed $2,293,350; and authorized the Risk Manager to bind coverage per the Agenda Report. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.22. Resolution Amending Commercial Property Assessed Clean Energy (PACE) Program to Conform to Recent Legislation The Board approved and adopted Resolution No. 24-075, amending prior Resolution No. 18-040 and Resolution No. 22-067, to conform with recent State legislation; and authorized the County Manager to sign amendments to existing Interlocal Agreements with Commercial PACE Program Administrators to comply with statutory revisions. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.23. Bill Folder The Board acknowledged receipt of the Bill Folder. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.24. Consent of Consolidation of PFMAM (PFM Asset Management LLC) and US BAM (U.S. Bancorp Asset Management Inc) as a single SEC registered investment adviser (RIA) under its parent company, USBAM. The Board approved consent to the consolidation of PFMAM registered investment adviser with USBAM registered investment adviser, a subsidiary of U.S. Bancorp as a single SEC registered Page 14 of 26 August 27, 2024 investment adviser under its parent company USBAM; and authorized the County Manager to sign the Consent Letter. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.25. Approval of changes to Brevard County Investment Policy (BCC-49) The Board approved the Brevard County Investment Policy, BCC-49. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner Commissioner Feltner stated Commissioner Tobia is not in today; he does not have any Florida facts, but there is a County employee recognition and the Board wants to do that because he deserves to be recognized; Mr. Shon Kimble is part of the renovation team, lead carpenter for Public Works; he has been with the County about six months; and Mr. Kimble is currently leading the team renovating Parks and Recreation restrooms throughout the County. He went on to say Mr. Kimble’s handiwork can be seen at the new Val M. Steele Park, where Shon and the team managed to complete the renovations ahead of schedule, before the grand reopening; he is a father of five and grandfather of nine; he spends his days off traveling and cruising; and when the weather is nice he takes out his 28 foot Bayliner. He added the Board appreciates what he does for Brevard County. G. PUBLIC COMMENTS (Individuals may not speak under both the first and second public comment sections.) Tom Erdman stated he lives in Sherwood; he knows it is not on the Agenda today, but he is there to ask the Board to consider delaying the vote for the Sherwood rezoning for three reasons; first, as everyone knows, three of the County Commissioners will not be seated up there starting in 2025, and that is when stuff is really going to start to happen, so the newly elected Commissioners will have to deal with the impacts of this vote; secondly, it is of concern that he has not seen a soil sample result yet and as everyone knows, old golf courses tend to have arsenic in the soil; when they start bringing the bulldozers in and everything that soil is going to get moved around, wind is going to be blowing, and it is a carcinogenic that people and children in the neighborhood could end up breathing in and in 10 or 15 years down the road, there can be an increase in cancer; he has not seen the dust mitigation plan, and he thinks it is vital for the safety of the local community; and thirdly, it is not just Sherwood, it is Royal Oak, Birchwood, and so much development going on in North Brevard that it is time to put a little pause to it and look at the entire picture and make sure people can leave their children and future generations a North Brevard to be happy with that has the right environmental impacts and something to be proud of. Christina Fleming stated she has some facts for the Board this morning; as of yesterday, they have lost 66 employees in Fire Rescue, 57 of them are in the field; that is 66 and there is still four months left of this year; Seminole County is ratifying their fire contract today which means Brevard County is going to lose a lot more people come October; the Fire Department is under staffed, Fleet is understaffed, Fire Prevention is understaffed, Road and Bridge, and Parks and Recreation are all understaffed; this Board has heard this numerous times; with the Fleet, there are brand new engines, engine 49 and rescue 49, are for a station that is opening up, it is not open yet; they are using those units to back up the supply right now; rescue 46 was in rescue 49, a brand new unit that has not even been put in service, and they had to use it; engine 49 was used and it broke down in 42 hours of using it, a brand new engine; and with that being Page 15 of 26 August 27, 2024 said, this Board’s term is not up until November, the Board Members are there until November, the voters voted them in until November. She added it is the Board Members sworn job duty to stick up for the County, it’s employees, and its constituents; that is what people voted for them for; the people need the Board to keep working until they leave; she has high expectations of people and always had high expectations that everybody would do their best and that is what she expects; and lately she has just been disappointed. Katie Delaney stated this morning she was coming to speak to the Board about the Sherwood Development; she hopes the Board Members had a chance to watch the Planning and Zoning meeting where this was talked about; if they have not, then she would urge the Board to do so because the developer mentioned that they have not finished the studies on this project; and as this project will heavily impact the area, and be a huge topic of conversation in the coming year or so, she would ask the Board to please postpone this vote on the rezoning at least until all of the information is available with those studies and whatnot. Sandra Sullivan stated at the last meeting there was a last minute add-on, without proper notification, to do with paying $1.71 million for a study of County funds on how to fund the sewage system for Space Florida, which is an independent special district; she did a records request for a reference study that prompted that and she was very concerned about what she had read; what is being proposed in the study that was done by the Economic Development Commission (EDC) is to do a tax increment reinvestment zone; basically taxing the residents of District 1 and District 2 as a non-ad valorem tax to pay for essentially a pipe putting in sewage from Space Florida to Sykes Creek as the first phase; and then the later phase which she does not think they will ever get to, is a crazy idea, to remove six sewage plants and do a regional at Titusville Cocoa Airport (TICO). She added it seems more probable that between now and then the County will actually upgrade to Advanced Wastewater Treatment (AWT) because that is required by 2032; while pointing out on a map where Space Florida is, she stated this is Federal lands and on those Federal lands, the County is more than tripling the size of Space Florida; there are a lot of plans not being communicated to the public; this is from the North Merritt Island incorporation study where a vote was taken, not per State statute, under Public Comment; and now people know why, because of the legal issues pertaining to North Merritt Island. She continued by saying historically, the issue with North Merritt Island has been flooding; there was a small area study done that recommended rezoning to one unit per 2.5 acres and not one unit per one acre; the area of the hydrology study, $500,000 study done by the County, shows that this area where they want to put this additional development is in an area of increasing flooding; the entire area is like a giant bowl and this time of year, when the river level is at its highest level and there is a hurricane event, it floods and there is no place to really pump the water; and the last part of the controversy is under the new Senate Bill 328 where the State has authorized to put density housing under Senate Bill 102, on Space Florida lands on North Merritt Island. She added the Board is going to make these people’s lands worthless; and one last thing, the Federal Government loses liability immunity when it is used for privatized purposes and it makes other people liable too. H.1. Resolution Re: Adoption of a Schedule of Rates and Charges for Hazardous Materials Special Operations Team, Standby Response, Fire Prevention and Inspection Rates. Chair Steele called for a public hearing to adopt a resolution adopting the schedule of rates and charges for hazardous materials special operations team, standby responses, fire prevention, and inspection rates. Jill Hayes, Budget Office Director, stated this is a request for the adoption of Fire Rescue’s Schedule of Rates and Charges for hazardous materials, special operations team, standby Page 16 of 26 August 27, 2024 response, fire prevention, and inspection rates. There being no comments or objections, the Board adopted Resolution No. 24-076, adopting the Annual Hazardous Materials (Haz-Mat) Special Operation Team Schedule of Rates, Standby Response Rates, and the Fire Prevention and Inspection Special Rates for the Fiscal Year beginning October 1, 2024. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia H.2. Board Adoption of a Fire Assessment Rate Adjustment of three percent (3%) in FY2024-25; and Board Ratification, Confirmation and Certification of the Annual Fire Services Non-Ad Valorem Assessment Roll. Chair Steele called for a public hearing to adopt a resolution adopting a fire assessment rate adjustment of three percent in FY 2024-2025 and ratification, confirmation, and certification of the annual fire services non-ad valorem assessment roll. Jill Hayes, Budget Office Director, stated this is a request for ratification, confirmation, and certification of the annual fire services non-ad valorem special assessment tax rolls. Sandra Sullivan stated under fire assessment this is, of course, a non-ad valorem tax the County has incorporated as of a couple of years ago, a three percent Consumer Price Index (CPI) every year; her objection all along on this is that right now Brevard County has a crisis happening with its Emergency Medical Services (EMS) and funding appropriate salaries for them; a few years ago there was a pretty hefty increase, what was promised with that increase was that the County would use that to bring their salaries up to being with the surrounding areas; when she looks at the budget and the numbers, what is actually happening is disproportionate shares are going to meet growth; and while some of it was supposed to meet growth, it was supposed to address the salary issues within a couple of years and bring them up to where they should be, and that did not happen. She continued by asking why that did not happen; she stated there is all this growth happening in Brevard County and when reviewing the graphs, the cost for the County for this growth and the vehicles and the stations, has gone way up; she thinks the number was $13 million; until the County solves this problem, the EMS and fire impact fees that are the share of the developers to pay their share of the growth is not happening, so the County puts a CPI increase every year on the people, but it did not do a CPI increase on the impact fees every year; if the Board is going to tax the people, then tax the developers as well for paying their fair share; the Board needs to address the fundamental issue, EMS and fire impact fees that have not been updated in 32 years; there is all this growth and everything has gone up in costs; and even the fire trucks have gone up by threefold in cost. She asked how many times she has come before this Board over the years and discussed impact fees; she noted she usually gets a blank look and nothing is said; meanwhile, there is a huge number of people leaving; she was at the negotiations for fire and the County did not even negotiate; the County's side did not even negotiate in good faith; and it took something, went out to caucus, left them all sitting there for one hour and forty-five minutes, then came in and said, “see you later, we are not going to talk anymore today,” and when asked about the other issues, they said, “no we are not talking about it.” Page 17 of 26 August 27, 2024 There being no further comments or objections, the Board adopted Resolution No. 24-077, ratifying, confirming, and certifying the Annual Fire Services Non-Ad Valorem Assessment Roll, which has been updated to reflect the three percent (3%) rate adjustment as previously approved and authorized by the Board in Resolution No. 21-044 on April 20, 2021. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia H.3. Resolution: Adoption of the Stormwater Utility Resolution Ratifying, Confirming, and Certifying the Annual Stormwater Utility Special Assessment Rolls. Chair Steele called for a public hearing to adopt a resolution ratifying, confirming, and certifying the annual stormwater utility special assessment rolls. Jill Hayes, Budget Office Director, stated this request is the adoption and certification of the annual stormwater utility non-ad valorem special assessment rolls. There being no comments or objections, the Board adopted Resolution No. 24-078, ratifying, confirming, and certifying the Annual Stormwater Utility Special Assessment Rolls. Result: ADOPTED Mover: Rob Feltner Seconder: Tom Goodson Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia H.4. Public Hearing: Amendment to Chapter 62, Article I, Section 62-2, “Rules of construction and definitions,” Brevard County Code of Ordinances, to remove a definition of “Major Transit Stop,” and to add a definition of “Transit Stop.” Chair Steele called for a public hearing on an amendment to Chapter 62, Article I, Section 62-2, “Rules of Construction and Definitions,” Brevard County Code of Ordinances, thereby removing a definition of ‘Major Transit Stop’ and adding a definition of ‘Transit Stop.’ Billy Prasad, Deputy Director of Planning and Development, stated this public hearing is to consider an amendment to Section 62-2, Brevard County Code of Ordinances, to remove the definition of ‘Major Transit Stop’ and to add a definition for ‘Transit Stop’ in order to comply with changes to Florida Statutes. Sandra Sullivan stated there is no reason that both cannot be in the County’s Ordinance; the ‘Major Transit Stop’ is still a definition; there is a definition by Florida Department of Transportation (FDOT) and it is a legal definition; it is when two or more types of transportation come together; that definition has not changed; maybe the Board needs to add a ‘transit Stop’ definition, in light of the changes to Senate Bill 328; but the definition of a ‘Major Transit Stop’ is still the same, it is only in the context of the change of law of 328 that the County needs a definition of ‘Transit Stop.’ She went on to say there may be reasons that the County needs a ‘Major Traffic Stop’ definition as well, outside of Senate Bill 102; she would keep it in there; in Page 18 of 26 August 27, 2024 light of the push back generally, across the State, on Senate Bill 102, the people feel like they have been sold out; this bill puts communities at risk; in the research that she has done of a bill very similar to Senate Bill 102, without the mandate, the staff analysis by the State said this is a good bill because it does not mandate it; it does not violate the State Constitution; she does not know why Brevard County is not pushing back on Senate Bill 102 as a violation of the State Constitution for Planning and Zoning laws; however, in the context of this, she would keep ‘Major Transit Stop’ because there is a legal definition by FDOT, and there may be other reasons to keep it in there, and add ‘Transit Stop’ because they are two separate definitions; and they are not the same thing. There being no further comments or objections, the Board adopted Ordinance No. 24-19, amending Chapter 62, Article I, Section 62-2, “Rules of Construction and Definitions” to remove definition of "Major Transit Stop" and add definition of "Transit Stop"; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Result: ADOPTED Mover: Tom Goodson Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Feltner, and Steele Absent: Tobia H.5. Repeal of Ordinance 89-29 - State Road 46 Water Extension #1 (District 1). Chair Steele called for a public hearing to adopt an ordinance to repeal Ordinance 89-29, State Road 46 Water Extension #1. Eddie Fontanin, Utility Services Director, stated this request is to repeal Ordinance 89-29; this was an ordinance created in 1989 as a capital recovery; the project is complete and his department is just doing some housecleaning by repealing ordinances that are no longer needed. Sandra Sullivan stated per the Agenda Item this is the area; when she goes to the St. John’s River Water Management District (SJRWMD) site and looks up Consumptive Use Permit (CUP)