Brevard County Board of County Commissioners

Tuesday, December 17, 2024 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular December 17, 2024 If you wish to speak to any item on the agenda, including consent items, please fill out a speaker card before the item is considered by the Board. Persons addressing the Board shall have three minutes to complete his/her comments on any agenda item for which he/she has filled out a card. The Chair has the discretion to determine or alter time limits on any item which is not a quasi-judicial public hearing. The Board of County Commissioners requests that speakers appearing under the Public Comment section of the agenda limit their comments and/or presentations to matters under the Board's jurisdiction. In Quasi-Judicial proceedings, fifteen (15) minutes shall be allowed for applicants and five (5) minutes for other speakers. A. CALL TO ORDER 9:00 AM Rollcall Commissioner District 1 Katie Delaney , Commissioner District 2 Tom Goodson, Commissioner District 3 Kim Adkinson, Commissioner District 4 Rob Feltner, and Commissioner District 5 Thad Altman Present: C. PLEDGE OF ALLEGIANCE: Commissioner Kim Adkinson, District 3 Commissioner Adkinson led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL: November 19, 2024 Organizational Meeting The Board approved the minutes for the November 19, 2024, Organizational meeting. Result: APPROVED Mover: Katie Delaney Seconder: Tom Goodson Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman E.2. Presentation of Fire Assessment Report addressing the timeline and actions needed should the Board plan to consider an adjustment for the Fire Service Non-Ad Valorem Assessment (Fire Assessment). Chairman Feltner mentioned there is a resolution for Fire Assessment on the Agenda as Item E.2., and he would suggest that it be combined with the J.3. discussion; and he asked the pleasure of the Board. Commissioner Delaney replied she is fine with that. Chairman Feltner noted he feels it would be more efficient just ahead of Item J.3. Commissioners Altman, Goodson, and Adkinson agreed to move Item E.2. to just before Item J.3. E.1. Resolution Honoring and Memorializing Mayor Del Yonts - District 3 Commissioner Adkinson read aloud, and the Board adopted Resolution No. 24-133, honoring and memorializing Mayor Del Yonts’ unrivaled dedication and service to the community. Lizette Kohler, member of Town of Valkaria Town Council, stated she appreciates the Resolution remembering the Mayor; Council and staff were devastated by his loss; he was not Page 1 of 33 December 17, 2024 only the face of the Town of Valkaria, but the heart of it; he loved being Mayor and the people loved having him as Mayor; he was not a politician, he was a neighbor helping to keep the town the way the residents wanted it; they will miss his steady leadership and his witty sense of humor; and he leaves this thriving small town that will never forget him. She continued by saying in accordance with the Town Charter, they will be appointing a Mayor and Council member; she welcomed Commissioner Adkinson to the Commission for District 3; and she introduced Mayor Yonts’ family members that were in attendance. Result: ADOPTED Mover: Kim Adkinson Seconder: Tom Goodson Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman E.3. Resolution recognizing December 21st as National Homeless Persons’ Memorial Day - District 3 Commissioner Adkinson read aloud, and the Board adopted Resolution No. 24-134, recognizing December 17, 2024, as National Homeless Persons’ Memorial Day. Amber Carroll, Executive Director of The Brevard Homeless Coalition, stated the Brevard Homeless Coalition is the lead agency for Brevard County’s continuum of care for homeless services; she is representing about 190 organizations and members of this community; joining her today are the Chairman of the Board of Directors, Liz Alward, Secretary Yvonne Minus, Teresa Gimison, Linda Graham Chair of the COC Advisory Council who oversees that leadership group of 35 elected and appointed individuals; her staff is there as well, Leanne, Sarah, and James; and she expressed her appreciation to the Board for its support in declaring December 21, as Homeless Persons’ Memorial Day. She continued by saying it is the Coalition’s hope to bring awareness for the need for more permanent housing with supportive services and the need for emergency low-barrier drop in shelters, for the unsheltered residents; with the enforcement for House Bill 1365, beginning on January 1, 2025, providing a safe place to sleep has never been more critical; in 2024, the point in time count, which is the homeless census in Brevard County, revealed that it was the highest since 2016, with 1,116 people; the unsheltered population, those who did not have access to an emergency shelter, was 779 residents, up 17 percent from the year before; and if anyone is curious what that means in relation to Homeless Persons’ Memorial, as of today they have 65 names of people in Brevard County who passed away due to their causes, but were unsheltered, and is about a nine (9) percent death rate for the unsheltered residents. She stated those who are chronically homeless, meaning those who have a disabling condition and have been unsheltered for a year, or longer, rose 72 percent from last year; nationally, Brevard County is being recognized for its homeless numbers and not in a positive way; in the most recent Annual Homeless Assessment Report (AHAR) given to Congress, Brevard County is in the top five nationwide for the largely suburban COC’s with the highest percentage of individuals experiencing chronic homeless patterns; in Florida, Brevard County ranks sixth in the State for both unsheltered and chronic homeless persons and third in the state for homeless veterans; this is a growing problem and one that as a community people need to come together to solve; and together everyone can make homelessness rare, brief, and non-reoccurring for Brevard residents through a regional coordinated approach, which the Coalition has been working on. She added during this holiday season the Coalition will memorialize the lives of those who died on the streets and in the shelters from conditions directly related to their homelessness; in many cases these services will be the only commemoration of their lives; she invited the Board to one of the services that is going to be held on Thursday, December 19; and there will be a service in Melbourne, one in Cocoa, and one in Titusville in the evening. She mentioned the point in Page 2 of 33 December 17, 2024 time count for 2025 will be on January 23, 2025; there are many ways to be involved; one can come out with one of the experienced outreach workers, to see the state of homelessness in this County; and all the information is included in the booklet she has provided. Result: ADOPTED Mover: Kim Adkinson Seconder: Thad Altman Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman E.4. Resolution, Re: Recognize the retirement of Mary Ellen Donner, Parks and Recreation Department Director - District 2 Chairman Feltner read aloud, and the Board adopted Resolution No. 24-135, recognizing the retirement of Mary Ellen Donner, Brevard County Parks and Recreation Director. Mary Ellen Donner, Parks and Recreation Director, stated first of all she would like to thank her mom and her dad for instilling in her good ethics, knowing right and wrong, and that hard work and dedication actually does pay off; in all the places that she has worked, she has never ever had a better County Manager to work for, city or county, than Frank Abbate; he really does believe in doing the right thing and that is important to the Directors; she is sure being a County Manager is a tough job as he has five bosses; and she thinks Mr. Abbate has balanced that wonderfully. She mentioned she actually reports to Jim Liesenfelt, Assistant County Manager, and without a doubt, he is the best boss she has ever worked for; he has patience down pat and there are many times where he needs that; he is always fair and seeks to understand before he jumps in; John Denninghoff, Assistant County Manager, is a fountain of youth and good advice; however, never make the mistake of going to a meeting at 4:45 p.m. because one will be late for dinner. She went on to say there is no Director in this room who is not successful with the staff; the Parks and Recreation staff in Brevard County are caring, passionate, dedicated, hardworking, and the best; she thanked her immediate staff in building B, Diana the best Administrative Assistant ever, Lee, Bethany, Steve, Michael Butcher, Construction Manager extraordinaire, and of course, Michelle the best finance person in the County, and Rich, Jen S., Tammy, Andrea, Jen B., Rebecca, and the managers in the fields, Mike Knight, Jeff, Terry, and Richard; and she mentioned she would also like to thank Morris Richardson, County Attorney, Justin Caron, and of course Abby, and all the Directors, Deputy Directors, and Assistant Directors for all of their support. She commented she has to thank her husband Donald, he chased her until she caught him, or maybe it was the other way around; he has always been behind her, as he is today, supporting, cheerleading, and giving good sound advice; over the years she cannot even count the number of groundbreakings, special events, and grand openings that he has been by her side; he is forever patient and she could not have done it without him; she would like to thank the Commissioners who in the past eight years have supported her in the Parks and Recreation Department; and it is great that the alphabetical order today works because Chair Feltner, Tom Goodson, Brian Lober, Rita Pritchett, Curt Smith, Jason Steele, John Tobia, and definitely and not least, Kristine Zonka; the staff of the Commissioners she just named have been absolutely fabulous to work with; she expressed her thanks to them and to Sheriff Wayne Ivey for all of the support he has shown her; and having worked in other places, she has observed and learned a thing or two, 1.) because they say it does not mean it is true, just because they repeat it does not mean it is true, and just because they post it does not make it true, and 2.) it is great that you want to listen but please do not just listen to the loudest voice, the lobbyist voice, or the voice closest to he or she, listen to the voices that will not talk for whatever reason or the voices that cannot talk, like Scrub Jays. She mentioned to do the right thing, it often takes courage and sometimes it does not make someone popular; and in closing, she believes she left the Parks and Page 3 of 33 December 17, 2024 Recreation Department in a better place; she has thoroughly enjoyed the wonderful opportunity given to her by Brevard County; and so she will end where she was taught to begin. Commissioner Goodson stated he is going to miss her; every year there is a Christmas Party at District 2 and someone wins a mug for the ugliest Christmas t-shirt; and she has done it twice; with her leaving, someone else might win it; but she says she is coming back and that is scary. He thanked Ms. Donner for everything she has done. Result: ADOPTED Mover: Tom Goodson Seconder: Katie Delaney Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman F.8. Confirmation of Ian J. Golden as Parks and Recreation Department Director Sandra Sullivan stated the first Item is the confirmation of Ian Golden for the Parks and Recreation Department Director; she has two concerns; she would have preferred to see someone promoted from within the Department that knows that Department; she is also concerned because under Senate Bill 102, the Bill she calls, ”you will own nothing and be happy law,” there is a provision in there for the transfer of accelerated of conservation or non-conservation from the State, any State-owned and Brevard has a lot under save the coast and other programs, to be transferred to the County to be sold for affordable housing; having the affordable housing Director be put into Parks and Recreation is very much a concern to her and what that means to the parks; and she just wanted to place that on the record. She mentioned she did a records request a couple of months ago; she was at an affordable housing meeting where a grant got approved for a project and then she did a records request because she had heard it changed; it took two months to get a one page records request; it was obstructed and only half of the request was provided; and that does not sit well with her. F.12. Appointment(s) / Reappointment(s) Sandra Sullivan stated she would like to say briefly, as the Board does its appointments and reappointments, to look at the people who have been on boards for, in some cases, close to 20 years; the Policy is eight years for term limits; she would ask that for any current appointments out there, which are many, that have been there for 15 or 20 years, that this Board do its due diligence with of its districts in advertising those positions; Merritt Island Redevelopment Agency (MIRA) is an example that has two there; and the Affordable Housing Advisory Board has two people that are approaching 20 years and other boards as well. F.14. Brevard Renaissance Fair, Inc. Requests Approval for an Additional Event at Sarno Leased Site Sandra Sullivan stated while she appreciates the events that he is hosting, the bond-funded utility land has to be leased for fair market value; she does not see in what has been uploaded, a charge for this additional event; she would like to request that the Board amend that agreement to ensure that there is a charge for that; specifically, the vote this Board took was Renaissance Fair only with a fee for the Renaissance for the rent; it was only for that charge; and there should be an additional charge for this. Peter Moolhuizen stated he signed a Contract with the County to do an event at the Sarno site; it was for six months and an additional six months if he wanted to do that; he paid for the six months and it is out there contractually and it has already been published on the web by Sandra; they paid $62,000 for the six months; and paying $62,000 for the next six months; he is paying over $10,000 month; and part of the condition was he would be able to hold some other events there with Board approval, so that is what he is asking for today. He mentioned he Page 4 of 33 December 17, 2024 wants to do another event out there that was dear to the community for many years; and he wants to bring it back. Commissioner Goodson asked what the truth is, Mr. Moolhuizen or Ms. Sullivan. Frank Abbate, County Manager, stated staff negotiated for the Renaissance Fair and that Contract was specific to the fair, but included the six-month Lease for $60,000 with one opportunity to renew for $60,000; when staff was asked whether or not he could have additional fairs, he was told that would not be consistent with the current Contract and he would have to go before the Board and seek Board approval; that is why Mr. Moolhuizen is in attendance today; and whether there are additional costs for it, that is really a factor for the Board. He added he is paying a little over $10,000 per month for each of the months; he thinks it is divided into three $20,000 installments that started in October. Commissioner Goodson asked if what Mr. Abbate is saying is that he paid for 12 months or if the Board approves it, he is paying for 12 months. Mr. Abbate advised he is paying for six; and at the end of six months, he gets a six-month renewal opportunity. Commissioner Goodson asked if that is at the same price. Mr. Abbate responded affirmatively. He noted it is covering the fair grounds for the purpose of the Renaissance Fair, which was specified in the Contract. Morris Richardson, County Attorney, added the first six months ends March 31 and he can renew it for six months beyond that; as Mr. Abbate has stated, the price is the same $62,000 for the additional six months just like it was for the first six months; and that was set by the lease. Commissioner Goodson continued by saying the fair amount that the County is charging for the first six months rolls over for another six months, is a fair amount, because the Board or the County Manager set the amount. Mr. Abbate explained that is what staff thought when it brought it back to the Board for approval. Chairman Feltner commented he thinks what is being talked about is the Strawberry Festival; and for what it is worth, when that was in Wickham Park there was certainly a lot of traffic and he thinks it has outgrown Wickham Park; therefore, he thinks it is a good fit for both what Mr. Moolhuizen is doing and for the Strawberry Festival, in his opinion. Mr. Moolhuizen stated the Renaissance Fair and the Strawberry Festival both outgrew Wickham Park not only because of growth and population in Brevard County, but as business people they work hard to build quality events; and that is what may have forced them out, their own good work; he would like to try to bring this back; the Strawberry Festival had been there for seven years; and he would like to bring them back into Brevard County. F.1. Approval RE: Disbursement of Educational Facilities Impact Fees (District 1-5) The Board authorized the disbursement of Educational Impact fees in the amount of $5,418,567.35 to the School Board of Brevard County in accordance with the terms of an Interlocal Agreement; and authorized the Budget Office to execute necessary Budget Change Page 5 of 33 December 17, 2024 Requests to implement this disbursement. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.2. Approval, Re: Lease Agreement and Resolution for Office Space for Mike Haridopolos Congressman Elect, 8th District - District 4 The Board executed and approved the Lease Agreement; and adopted Resolution No. 24-136, allowing the non-competitive lease of County property (office space) at the Brevard County Government Center Viera to Congressman Elect Mike Haridopolos, 8th District. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.3. Request permission to enter into a Utility Work by Highway Contractor Agreement (UWHCA) with the Florida Department of Transportation (FDOT) to bid out the installation of a Sanitary Force Main at the intersection of South Patrick Drive and Banana River Drive as part of their South Patrick Drive Improvements resurfacing project (District 4). The Board authorized the County Manager to execute all contracts, Contract Amendments, and any Contract Extensions, Budget Change Requests, Change Orders, amend the Five-year Capital Improvements Plan as it relates to this project, and any documents, reimbursement requests, or other administrative actions related to this UWHCA, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.5. Approval Re: Advertisement for applicants to the Environmentally Endangered Lands Program Selection and Management Committee - All Districts The Board approved the Parks and Recreation staff to publicly advertise to fill all membership positions with qualified citizen volunteer applicants for the Environmentally Endangered Lands Program, Selection and Management Committee; approved the Parks and Recreation Department, through the Environmentally Endangered Lands Program, to publicly advertise all future membership expirations and vacancies; and approved bringing the list of qualified applicants back to the Board for final ranking and appointment as needed. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.6. Conveyance of Property Acquired by Escheatment Tax Deed to the City of Palm Bay The Board adopted Resolution No. 24-137, authorizing the conveyance of property acquired by Escheatment Tax Deed that is located within the boundaries of the incorporated City of Palm Bay, Florida, pursuant to Section 197.592(3), Florida Statutes; and authorized the Chairman to execute a County Deed to convey the property acquired by the Escheatment Tax Deed to the City of Palm Bay, Florida, pursuant to Section 197.592(3), Florida Statutes, upon review and approval by the County Attorney’s Office. Page 6 of 33 December 17, 2024 Result: ADOPTED Mover: Thad Altman Seconder: Tom Goodson F.7. Resolution approving the issuance by the Orange County Health Facilities Authority of Hospital Revenue Bonds (Orlando Health Obligated Group), in one or more series in an aggregate principal amount not exceeding $325,000,000 The Board executed and adopted Resolution No. 24-138, allowing the issuance by the Orange County Health Facilities Authority of tax-exempt revenue bonds (Orlando Health Obligated Group), in one or more series to refinance the acquisition of hospital facilities in Brevard County. Result: ADOPTED Mover: Thad Altman Seconder: Tom Goodson F.8. Confirmation of Ian J. Golden as Parks and Recreation Department Director The Board confirmed the appointment of Ian J. Golden as the Parks and Recreation Department Director. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.9. Proposed Revisions to Board Policy BCC-47, “Purchasing Cards for County Commissioners.” The Board adopted the proposed revisions to Board Policy BCC-47, “Purchasing Cards for County Commissioners.” Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.10. Proposed Revisions to Board Policy BCC-59, “Tangible Personal Property (County Commissioner Offices).” The Board adopted the proposed revisions to Board Policy BCC-59, “Tangible Personal Property (County Commissioner Offices).” Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.11. Confirmation of Juanita D. Jackson as Housing and Human Services Department Director The Board confirmed the appointment of Juanita D. Jackson as the Housing and Human Services Department Director. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.12. Appointment(s) / Reappointment(s) Page 7 of 33 December 17, 2024 The Board appointed/reappointed David Foley, Bud Crisafulli, and Roger Drabyk to the Contractor's Licensing Board, with said terms to expire December 31, 2026; Kika Golan and Janette Gianella to the Employee Benefits Insurance Advisory Committee, with said terms to expire December 31, 2025; Dr. Joanna Bass and William Huffman to the Board of Adjustment, with said terms to expire December 31, 2026; Cindy Forstall and Jack Ratterman to the Historical Commission, with said terms to expire December 31, 2026; Josiah Gattle and Anne Conroy Baiter to the Economic Development Commission of Florida's Space Coast, with said terms to expire December 31, 2025; Bill Volmer and Jennifer Thompson, as alternate, to the Transportation Planning Organization Citizens Advisory Committee, with said terms to expire December 31, 2025; Kamran Sarkarati to the Housing Finance Authority, with said term to expire December 31, 2028; Rick Cofer to the Building and Construction Advisory Committee, with said term to expire December 31, 2026; James Underwood to the Marine Advisory Council, with said term to expire December 31, 2026; Nancy Mitts to the Art in Public Places Advisory Committee with said term to expire December 31, 2026; Andrew M. Rothstein to the North Brevard Public Library Advisory Board, with said term to expire December 31, 2026; and Jane Thorn to the South/Central Brevard Public LIbrary Advisory Board, with said term to expire December 31, 2026. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.13. Bill Folder The Board acknowledged receipt of the Bill Folder. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson F.14. Brevard Renaissance Fair, Inc. Requests Approval for an Additional Event at Sarno Leased Site The Board approved Peter Moolhuizen's, on behalf of Brevard Renaissance Fair, Inc., request for an additional event at leased premises located at the County’s Sarno Road Solid Waste Disposal Facility. Result: APPROVED Mover: Thad Altman Seconder: Tom Goodson G. PUBLIC COMMENTS (Individuals may not speak under both the first and second public comment sections.) Sandra Sullivan stated the other day she was in Titusville at the North Brevard Economic Development Zone (NBEDZ) meeting and she was very surprised to see how dilapidated the County buildings were up there; there was paint peeling and it looked deplorable; she was at Commissioner Goodson’s Christmas Party the other day and that building looks like it has not been updated since 1960; this building when coming in here, there have been times when all three of the elevators have been broken; and the toilets back up all the time. She commented there is carpet in this building and it is decades old; it seems like Brevard County should be a very prosperous County; this is the Space Coast and yet the County is struggling with things like over $1 billion in transportation deficit, failing infrastructure, a main that broke in South Patrick Shores that could not be repaired and they had to run a line through the school yard; there are all these issues and fiscal issues; Brevard County cannot pay its firefighters, and that is public safety; and when she starts digging, she asks why is Space Florida not really Page 8 of 33 December 17, 2024 monetarily prosperous. She went on to say she was really shocked to find out that there is a law called the Military Leasing Act which says if it is Federal land and it is leased to a private entity they are required to pay taxes; but looking up these entities whether it is SpaceX, a private company owned by the richest man in the world, and Jeff Bezos, they do not pay any property tax; yes, Brevard County gets the economic stimulation with people buying homes and spending money here, but as a taxing agency, the County is entitled by law to tax these people; just because it is Federal land, she does not know where this narrative came from that if it is Federal lands then to not collect taxes; she has been digging into some of the deals that have been done and even some lands that involve Space Florida, which are not in the State jurisdiction of where Space Florida is, where one company received a tax break for $500 million over 40 years; and she asked why as they are not even in the Space Florida area. She stated the Board needs to really look at this from a fiscal standpoint and be responsible to Brevard County residents. Lois McManus stated in front of the Board members there should be a red packet with information on her presentation; a new landmark is rising in Grant/Valkaria to honor the brave men and women who have served the country; on December 12, 2024, construction began on the Veterans Memorial Park, a 4,900 square foot space dedicated to recognizing veteran sacrifices; the Mayor Del Yonts was a strong advocate and instrumental in designing and developing the Veterans Memorial Park; the project is headed up by herself and fellow volunteers of Grant/Valkaria Community Association, a 501(c)3, non-profit organization with the guidance of Grant/Valkaria’s town administrator Jason Mahany and town staff; and the Veterans Memorial Park is entirely funded by generous donations and sponsorships from the community, with contributions being tax deductible. She mentioned this project is 100 percent dependent on raising money through various events, sales of veterans Commemorative bricks, veterans Memorial Park t-shirts, donations, and sponsorships; the park will be located on the west side of Grant/Valkaria town hall, 1449 Valkaria Road under a majestic heritage oak tree named, Freedom, and next to the beautiful pond and fountain; and as she has mentioned, construction began with installing a handicap ramp this past Thursday. She continued by saying once the ramp is complete, the grounds will be prepared for concrete, the first part of January, weather permitting; the Memorial Park promises a space for quiet reflection and appreciation; it will include statues, monuments, benches, and an educational area with picnic tables; if residents would like to sponsor for the park or make a donation or purchase a commemorative brick or t-shirt please visit the official website wwwveteransmemorial@grantvalkaria.org or email info.vetsmemorial@yahoo.com; and she thanked the Board for its time and interest. H.1. Economic Development Ad Valorem Tax Abatement Program Chairman Feltner called for a public hearing on the Economic Development Ad Valorem Tax Abatement Program. Karen Conde, Assistant to the County Manager, stated this is a public hearing on the Economic Development Ad Valorem Tax Abatement Program; it is requested that the Board review and consider the attached ordinance; the County’s Economic Development Ad Valorem Tax Abatement Program sunset in November 2024; an anticipation of this program sunsetting, on July 23, 2024, the Board adopted Resolution No. 2024-068, calling for a referendum election on November 5, 2024; as a result, 71 percent of the voters were in favor or for the authority to grant economic development ad valorem tax exemptions; and this draft ordinance would provide the Board the ability to continue to offer the economic development ad valorem tax exemptions to eligible businesses. She noted each application for the economic development ad valorem tax abatement program would be evaluated on a case-by-case basis; previous Commissioner Curt Smith a member of the Ad Valorem Tax (AVT) referendum task force is in Page 9 of 33 December 17, 2024 attendance today to address this item, as well as Edgar Campa-Palafox, vice-president of Business Development with the Economic Development Council (EDC); and he is available to answer any questions. Commissioner Delaney stated she was wondering about the extension; she thinks the previous policy stated something like 10 years and now it is 20 years; she is wondering why that change was made; and she asked if it was statutory or due to the language on the referendum. Ms. Conde advised the extension would be for 10 years; it is for the abatements for regular businesses; and it is up to 20 years for data centers. Chairman Feltner stated he thinks the Board is largely accepting the results of the election, on a referendum item. Sandra Sullivan stated one of the things she has come to the Board meetings for many times is about accountability and transparency; that will be her emphasis today; based on the presentation that was done by former Commissioner Tobia, 85 percent of these projects failed to deliver and their presentations made to get this passed made return on dollars from $1 to $7 return; but that was based on their applications, not on actual performance. She continued by saying in coming to meetings here she had made a records request for some previous projects; this was an email in 2023 that she had done this, and she read, “When it comes to EDC, tax abatements are given for the creation of jobs, but there is no performance tracking or accountability, on whether the entity fulfills the creation of jobs or not. Promise the moon and whether you deliver or not, Brevard gives you a tax break.” She continued by saying the Board has talked about these issues in Brevard County; this Board needs to be fiscally conservative; when people make promises, it needs to be followed through on; consequently, these abatements were removed after being identified; what she would like to see is a change to the Ordinance; the intent was for 10 years; the people were not told the County was going to do an exception for data centers; keep it the 10 years tax abatement; and former Commissioner Curt Smith emphasized that point when he was on this Commission for; and she wants this Board to respect that. She noted she would like the Board to add some language to the ordinance for accountability, which means that every year staff brings back the list, the effective they received it and to ensure that it sunsets after 10; secondly, that there is in the first quarter of the County Commission Meeting each year there is a review from staff to ensure whether they are meeting their commitments to receive this tax benefit of a tax abatement; and that is all she would ask for is transparency and accountability. She mentioned there is a room full of firefighters right now that the County cannot pay for public safety; she thinks this Board owes the people the due diligence. Curt Smith stated it is nice to be back and see all the folks; this is very self-explanatory; he does not know that he can add anything that this Board does not already know; if the Board has any questions, he can maybe answer those; it is a good program; he thinks the horse has been beaten to the fact that it is probably dead now; the main complaint he would hear when he was on the Board was that it is a giveaway; he explained it is not a giveaway, people have to earn it; people do not get any of the benefits until they can produce; there are parameters that they have to meet to produce; and there is countless companies that did not produce, but they did not receive a penny. He added this being passed by 71 percent, it is a good program that brings companies to Brevard County to improve communities; and he would urge the Board to vote for it. Chairman Feltner stated when the prior Board voted to put the Item ultimately on the ballot, he noted that each thing that comes before this Board stands on its own; each project that comes Page 10 of 33 December 17, 2024 this Board will decide on whether it is good for Brevard County or not; the prior Board had voted against Items and passed others; the Board’s vote today does not mean all Items will be approved in the future; and he wants to make that distinction. There being no further comments or objections, the Board adopted Ordinance No. 24 32, Continuing an exemption from certain ad valorem taxation for certain new and expanding business properties to encourage economic development in the County; providing for enactment authority; providing for intent and declaration; amending Chapter 102, Taxation, Article IV Ad Valorem Property Taxation, Division 3, Economic Development Ad Valorem Tax Exemption Ordinance, Brevard County Code of Ordinances; amending Section 102-182, Enactment Authority; amending Section 102- 184, Definition of Terms; amending Section 102-185, Economic Development Ad Valorem Tax Exemption Established; amending Section 102-186, Application for Exemption; amending Section 102-187, Board of County Commissioners’ Consideration of Application; amending Section 102-189, Revocation of Exemption/Recovery of Funds; amending Section 102-192, Sunset Repealer; providing for applicability; providing for inclusion in the Code of Laws and Ordinances; providing for severability; providing for repeal of laws of conflict; and providing for an effective date. Result: APPROVED Mover: Thad Altman Seconder: Katie Delaney Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman J.1. Approval, Re: Tourist Development Council’s recommended funding for Brevard Cultural Alliance Professional Services Contract for FY 2024-25. Peter Cranis, Tourist Development Office Director, stated this is a request from the Brevard Cultural Alliance (BCA) to the Tourist Development Council (TDC) for renewal of their Contract this year in the amount of $202,000; the TDC approved that unanimously to come to the Board for its review; and he believes the BCA is in attendance if there are any questions about their proposal. Catherine Esrock stated she is the Executive Director for Brevard Cultural Alliance; and she is just there for any questions and to thank the Board for hearing this today. The Board granted the Tourist Development Council’s recommendation to approve funding for one year for the FY 2024-2025 Brevard Cultural Alliance Professional Services Contract; further, based on the programs outlined, by approving this Agenda Item, the Board has made the Legislative finding that the Tourist Development Tax (TDT) funds are authorized for the cultural programs pursuant to Section 125.0104(5)9(a)3., Florida Statutes, and Section 102-119(3)d, of the Brevard County Code of Ordinances; additionally, once the Contract is developed and approved by Purchasing, Risk Management, and the County Attorney’s Office, authorized the Chair to sign the necessary Contract and related documents; and authorized the County Manager to execute any necessary Budget Change Requests. Result: APPROVED Mover: Tom Goodson Seconder: Thad Altman Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman J.2. Brevard County 2025 Legislative Program Page 11 of 33 December 17, 2024 Frank Abbate, County Manager, stated this Item deals with the 2025 Legislative Program; staff is requesting the Board discuss and provide direction concerning this program and to identify priorities for the upcoming legislative delegation meeting in January; the attached document includes items that were submitted by Natural Resources, Public Works, Utility Services, the Merritt Island Redevelopment Agency, Mosquito Control, and Transit Services; once the Board has an opportunity to discuss and review it, if there are priorities that would be good; staff will be listening intently to what they may be; and finally when staff has that package ready to go, the Board may want to designate a Commissioner to present these priorities to the Legislative Delegation at the meeting scheduled for January 29, 2025. Commissioner Delaney stated she has a question about the Port St. John Wastewater Treatment Facility; and she asked just for clarification, if this is for the regional plant that is in discussion or is it for the new Port St. John plant that the County also needs to build. Mr. Abbate noted it depends on what happens; when this was put together, staff was initially looking at each of the facilities, that is why there are multiple facilities there; Port St. John is one of three facilities; staff would need the funding for either; but it is primarily, since staff knows there would have to be significant other funding opportunities, before looking at it as regional; however, it is needed on a localized level, therefore, staff placed it in there, for that purpose. Commissioner Delaney asked if during this portion the Board is simply discussing what is on the list or is this discussion on what the Board would also like to place on the list. Mr. Abbate explained what was provided to the Board was a document that various departments put out there for Board consideration; each of those items are up for discussion because if the Board decides that certain items should be prioritized, staff will be listening to that; and if there are any items the Board wants staff to pull off the list, staff will be happy to do that as well. Commissioner Delaney advised she has a couple of things she would love to see on the list for the Board to talk to the delegation about as well. Mr. Abbate noted if there is anything the Board would like to give staff direction on, they would be happy to add that as well. Chairman Feltner stated he thinks the Board would be happy to do that in the discussion part; he thinks he understands the delegation meeting is January 29; and he asked if that is correct. Mr. Abbate responded affirmatively. Chairman Feltner stated certainly appropriation requests the Board would like to have that together prior to that, but certainly the Board has as late as January 14, 2025, to add anything; Commissioner Delaney could sleep on it over Christmas and when it comes back, if she has some items she wants to add, the Board could certainly amend it at that time before anyone goes to the delegation; and he asked if that is fair. Mr. Abbate replied, absolutely. Commissioner Adkinson asked if the County has already put money aside for the South Brevard Water and Wastewater Treatment Facility. Page 12 of 33 December 17, 2024 Mr. Abbate stated he would have to ask the Utilities Director to discuss it for that particular one; the County put money aside for different facilities where the County is seeking land; and the South one is to bring it up to Advanced Wastewater Treatment Standards. Commissioner Adkinson asked if money has already been put aside for the South Brevard Wastewater Treatment Facility. John Denninghoff, Assistant County Manager, advised that there is money set aside for that; staff has been working on both plans and land for that purpose; and staff is well into that process, but there is a long way to go. Sandra Sullivan stated when she looks at the crisis’ this County currently has, like the room full of Fire EMS people, she thinks two of the most important ones that the Board should be looking at as legislatives is, to amend the Tourism Development Tax (TDT), Section Florida Statute 125.0104 to Section on 218.67; Brevard County is a constrained County by the Charter cap on taxes; it is recognized that for funding public safety for constrained counties, but do not include as a definition one constrained by a Charter cap; it is a simple modification that would give the County immediate funding with this change to legislation to be able to legally fund the lifeguards and public safety; the second one of very paramount importance is one to do with impact fees because looking at fire assessment, that is a year off and it does not solve an immediate problem; and impact fees have not been updated in nearly 35 years. She continued by saying the County is handcuffed in what it can do to increase them because the State has restricted the County’s ability to do that; with all the growth and mandates like Senate Bill 102, it is fair and reasonable for the State to remove that constraint so the County can address that; just by comparison, what the County is charging for fire and EMS, EMS right now is $38 when one builds a property; she wants to point out that in a study that was done in 1997, it was recommended for a $350 fee for EMS to bring the County into alignment with other surrounding counties; when looking at the number one growth issue, that is where the crisis is because by the County’s own budget, and this is missing from the EMS assessment, the cost for growth was $620,000 in 2022 and it is over $30 million now; and it comes down to how to pay for cost of growth, it is developers paying their fair share. She went on to say these two things, an amendment to legislative priority for amending the TDT and also impact fees, and are very important to have funding sooner than a year out, that does not solve the crisis the County is in now. Commissioner Delaney stated a couple of things she would really like to see this Board talk about is making some kind of amendment or even the repeal of SB102; she thinks this was a gross overreach by the State government; if the State is going to hand out mandates like that on the local government, she thinks the State needs to be sending a lot more money to help the County deal with all of that; and if the State is not able, or willing, then it needs to remove this mandate on the County. She mentioned from what she has seen of these projects over the past two years, is it pushes perpetual rentals, no public input for these projects, and she would really like to ask how many people do these properties actually help; a great example of this is an apartment complex that is going up in District 2, and there are only three apartments that are actually affordable housing out of 300-plus. Commissioner Goodson asked where that is. Commissioner Delaney advised it is in the City of Cocoa; she stated that is also taking over the industrial and commercial lands which are needed for industrial and commercial businesses; another thing she would like to see on this list is something that helps with the County’s transportation needs, with both capacity and maintenance; and there are a few little things for Page 13 of 33 December 17, 2024 her own District that she would love to see on there, like a stop light in Mims at the post office. She added everyone knows how much Satellite Boulevard is going to cost to pave it and she really does not see the County being able to do that on its own; that is just a few things off the top of her head with a few weeks to think of things; and she wanted to float that out to the other Commissioners. Chairman Feltner stated that was sort of the idea with the Board coming back, because he is going to do that too, think of other things. He inquired if Commissioner Delaney had met with Representative Chase Tramont on some of these needs in the north end of the County. Commissioner Delaney commented it is on her list. Chairman Feltner stated he would strongly encourage that because he certainly petitioned legislators having worked in the process; he is always talking to them about items; it does not mean that they all make it in there; but it does not hurt to ask; and he would encourage her to engage him directly. Commissioner Goodson asked Commissioner Delaney to talk to him about industrial lands going residential, as she made a comment about that. Commissioner Delaney stated with the Live Local Act, it is allowing industrial and commercial lands to be used for affordable housing. Commissioner Goodson stated he does not know if that is true, but if she says it is then he believes it; if Commissioner Delaney knows anything about property values on industrial lands, it is four or five times higher in Brevard County than residential; but why would anybody want to rezone their residential land to build affordable housing. Commissioner Delaney corrected Commissioner Goodson by asking if he means rezone industrial or commercial land. Commissioner Goodson confirmed he meant industrial/commercial to affordable housing. Commissioner Delaney stated there are lots of different reasons; there was someone in the community at the last zoning meeting who wanted to change commercial land to build nine townhomes. Commissioner Goodson pointed out those were not affordable housing. Commissioner Delaney agreed, stating she understands that. Commissioner Goodson asked where this apartment building in Cocoa is that she was referring to. Commissioner Delaney advised it is on State Road (SR) 524. Commissioner Goodson asked which one, noting there are four. Commissioner Delaney replied, Allegra. Commissioner Goodson inquired if it is not a homeless family rental. Page 14 of 33 December 17, 2024 Commissioner Delaney stated she knows there are three affordable housing units in 300-plus apartments. Commissioner Goodson asked if there was one on Dixon that is affordable housing. He asked what it is called when one has low rent on his or her income. Commissioner Delaney responded by saying low income. Commissioner Goodson asked if that one is on Dixon Boulevard is lower income. Commissioner Delaney answered of course, but that is not the norm of what is being seen. Commissioner Goodson commented he wishes Commissioner Delaney would really help him in Cocoa; he asked if that was her District; Commissioner Delaney is doing a good job; and if she keeps it up, he will not have… Chairman Feltner stated he would like to request that Commissioner Altman present this on the Board’s behalf at the delegation meeting; he graciously accepted that; he mentioned Commissioner Altman has been up there many, many times and knows the constraints; and he asked if there were any objections from the Board members. The Board discussed the 2025 Legislative Program; and reviewed and accepted the draft 2025 Legislative Initiatives recommended by staff, for the upcoming 2025 Legislative Delegation meeting. Result: APPROVED Mover: Tom Goodson Seconder: Katie Delaney Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman E.2. Presentation of Fire Assessment Report addressing the timeline and actions needed should the Board plan to consider an adjustment for the Fire Service Non-Ad Valorem Assessment (Fire Assessment). Commissioner Delaney thanked staff for putting this together and being willing to present this to the public. Frank Abbate, County Manager, stated at the December 3, 2024, Board meeting, the Board directed staff to present the fire assessment study that was provided to the Board and to the public today; previously, at the September 17, 2024, Budget hearing, the Board directed staff to prepare a report addressing the timeline and the actions needed, should the Board plan to consider an increase for the fire service non-ad valorem assessment; and that is what this report is about. He continued by saying several senior staff members, with specific areas of knowledge and familiarity, contributed in writing this and several areas of the report; they will be joining him in the presentation today and going to be covering the areas of the report that they and their staff members have helped prepare; these will include County Attorney Morris Richardson, who will be covering the background, history, and evolution of the fire assessment and the potential fire assessment increases; Jill Hayes, Budget Office Director, will be covering financial overview, fire assessment increases, and General Fund impact, and personnel costs related to any fire assessment increases the Board may wish to consider; Tom Klein, Deputy Fire Chief, will be covering the cost distribution model that is currently in place with shared expenses between Fire and Emergency Medical Services (EMS), and the comparable Fire Page 15 of 33 December 17, 2024 assessment rates that exist elsewhere; and Fire Chief Patrick Voltaire is going to cover utilization of funding, inflation impacts, and the timeline process that is applicable for any potential fires assessment increase. He added he will be covering the fires assessment adjustments that have occurred, how the County deals with contracted municipalities; and additional considerations that the Board may want to think about. Morris Richardson, County Attorney, stated Brevard County Fire Rescue’s fire operation provides fire services to unincorporated Brevard County and the municipalities of Grant, Valkaria, Melbourne Village, Palm Shores, and West Melbourne; fire operations can only be funded with revenues that are generated within this service area; Brevard County Fire Rescue’s (BCFR) Emergency Medical Services (EMS) operations provides emergency medical and transport services countywide, including unincorporated and all municipalities; EMS operations must be funded by Countywide Revenue sources; historically fire operations were funded by an ad valorem tax levied in the unincorporated County and participating municipalities known as the Fire Control Municipal Service Taxing Unit (MSTU); ad valorem taxes are based on property values and determined by a millage rate; and people sometimes refer to ad valorem as above the line because of where they appear on the tax bill. He continued by saying EMS operations were funded by ambulance billing and by a special assessment; special assessments, also called non-ad valorem assessments, are charges used to cover the cost of providing a service, they are not based on property value; and special assessments are sometimes referred to as below the line because of where they appear on the tax bill; and the EMS assessment, because EMS services are Countywide, apply Countywide. He went on to say in the early 2000s, a Florida court case held EMS services cannot be funded by special assessments; the court determined that those services do not provide a benefit to real property, which is one of the requirements of an assessment; this prompted the City of Palm Bay to challenge the County’s EMS assessment; although the ability to fund EMS services by special assessment was in question, funding fire services by special assessment was clearly lawful; and in 2006, the Board of County Commissioners adopted a fire service special assessment to fund the majority of fire operations, unlike the EMS assessment which had been Countywide, fire services special assessment only applies in unincorporated County and in those four municipalities where BCFR provides primary fires service. He stated the Board retained a portion of the Fire Control MSTU representing a millage that had been approved by voters in a 1999 referendum; at the same time the Board did away with the EMS assessment; going forward EMS operations would be funded by continuing ambulance billing and by a new transfer from the General Fund; basically, the revenue sources for fire operations and EMS operations largely flipped, where fire operations had previously been funded above the line by ad valorem taxes and EMS was funded by special assessment, that was almost reversed with the exception of Fire Control MSTU; what is on the screen now is an example of a tax bill to show what he means of above the line and below the line, all the things above the dark line in the lower third of the tax bill are the ad valorem taxes and are calculated by applying a millage rate to the non-exempt taxable value of real property; and up there currently is the County General Fund which funds EMS through a transfer, the Fire Control MSTU is above the line and also a millage rate, and then there is the fire assessment. Mr. Abbate stated the next slide deals with when the fires assessment was created in 2006 for Fiscal Year 2007; in 2008, the Board voted to reduce that assessment by 15 percent and directed staff to reduce revenues that were needed for fire operations by drawing down on reserves over time; that happened over a number of years; in 2018, staff came before the Board and requested a six percent increase and that was because those reserves had been reduced from $14 million down to $2 million, and running out of the reserves; staff had asked for the six percent increase along with annual inflation adjustment and the Board granted that in 2018; then in 2021, staff came back to the Board and presented a variety of options and a Page 16 of 33 December 17, 2024 seven-year plan for increasing the assessment, to address salary as well as capital and infrastructure concerns that they had; and the Board at that time was looking at a 33 percent increase in the fire assessment. He continued by saying the Board approved a particular plan that would have required that 33 percent increase, but decided at that point that the increase would be 29 percent because it had allocated $8.4 million of ARPA funding to Fire Rescue that would be spread over seven years; therefore, they were able to reduce for the seven year plan, to a 29 percent increase; on the next slide, as Attorney Richardson had mentioned, the County contracts with various municipalities, and that is the case, West Melbourne, Grant Valkaria, Palm Shores, and Melbourne Village; one can see on the slide the municipalities contract with the County for fire service protection; the County collects both MSTU and fire assessment revenue from these jurisdictions; far and away the most significant contributor is West Melbourne; West Melbourne pays approximately $5.8 million annually in fire assessment and Fire MSTU assessments. He went on to say when the Board raised the assessment in 2021, West Melbourne raised some concerns; they had a study commission to look at implementing their own fire service, as several other municipalities have; staff advised West Melbourne it did not think that was cost effective for them over time; he believes West Melbourne came to that conclusion as well, especially when staff told them they pay the same rate that they pay all the other unincorporated residents that the service pays for; staff tries to keep it unified for all; at that point West Melbourne had moved away from considering their own fire service; and that is important to note because they had though that the fire assessment, from their perspective, they could provide a better service depending on what the cost was. He noted if in fact they had chosen to do that and the County lost that revenue, the Board needs to know the County would still maintain those fire services and fire stations because they serve not only the City, but they serve as transport, ambulance service, ALS, as well as all the unincorporated needs in the surrounding area; he does not really see the County reducing the force by such; that would be an approximate if they left, but there is no reason to believe that they would; but if they did, that would be about a 12 percent increase; the only reason he is sharing that information is as the Board considers what increases might be appropriate, that may be one the Board wants to consider just so it has those resources; of course the money could always be placed in reserves, or utilized elsewhere when that is done. Jill Hayes, Budget Office Director, stated as Attorney Richardson stated Fire Rescue is comprised of two primary divisions or functions, fire operations and EMS; fire operations provides fire services to unincorporated Brevard, as well as the cities that were mentioned in the previous slide; these services are funded through the fire assessment which accounts for approximately 69 percent of their revenue and the Fire Control MSTU which is approximately 28 percent of funding; EMS represents ambulance transport services and those are provided Countywide in unincorporated Brevard and in all of the cities; and these services are funded through approximately 59 percent ambulance billings and 37 percent General Fund. Tom Klein, Deputy Fire Chief, stated the allocation of shared expenses between fire operations and EMS is established to ensure that personnel, operations, and capital expenses associated with these divisions are equitably funded by appropriate revenue sources; this cost distribution model was developed through the collaboration of the County Manager’s Office, Brevard County Fire Rescue, Brevard County Budget Office, and the Brevard County Clerk of Court’s Finance Office and is based on the daily staffing profile assigned to operate each Fire Rescue Unit and includes baseline number of personnel assigned per unit, including fire engines, ambulances, and rescue squads for an 24-hour operational period; currently the cost distribution is 55.5 percent for fire-related, funded by the fire assessment and Fire Control MSTU; and 44.5 percent for EMS-related, funded by General Fund and ambulance billings; and capital outlay solely related to EMS or fire functions including fire trucks, ambulances, and their equipment do not carry a shared cost distribution. Page 17 of 33 December 17, 2024 Ms. Hayes continued by saying this slide represents the fiscal impact if the fire assessment rate were increased; for example, looking at the second line on the chart, if the rates were to increase by five percent, the average annual increase for residential property would be just under $14 per year and would generate an additional $1.9 million in revenue for fire operations; Chief Klein just discussed the shared expenses and that methodology, therefore, staff wanted to provide the amount of revenue that would be required to fund the EMS portion of expenses; and since the majority of ambulance billing revenue is associated with Medicaid and Medicare claims, those rates are limited by Federal and State regulations and cannot be increased. She explained as expenditure levels increase on the fire operations side, additional General Funds will be required to fund EMS portion; and using that same example of the five percent increase on the fire assessment, and additional $1.5 million would be needed from the General Fund, which would be about a 10 percent increase to the current funding level. Commissioner Altman inquired if what is being said is that as the assessment increases it is necessary to increase the General Revenue Fund. Ms. Hayes responded affirmatively. She continue