Brevard County Board of County Commissioners

Tuesday, April 22, 2025 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular April 22, 2025 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: A. CALL TO ORDER 9:02 AM C. PLEDGE OF ALLEGIANCE: Commissioner Rob Feltner, Chairman, District 4 Chairman Rob Feltner led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL: January 16, 2025 Tourism Workshop; February 20, 2025 Budget Workshop; March 13, 2025 Zoning Meeting The Board approved the January 16, 2025, Tourism Workshop, February 20, 2025, Budget Workshop, and March 13, 2025, Zoning Meeting Minutes. Result: APPROVED Mover: Katie Delaney Seconder: Kim Adkinson Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman Reschedule July 3, 2025, Zoning Meeting Chairman Feltner advised he has a housekeeping issue that he does not want to forget about; he has a request from staff to move the July 3, 2025, Zoning meeting to July 17, 2025; and he asked if the Board is amenable to that. The Board approved rescheduling the July 3, 2025, Zoning meeting to July 17, 2025. Result: APPROVED Mover: Tom Goodson Seconder: Katie Delaney Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman E.1. Resolution acknowledging Myositis Awareness Month in Brevard County. - District 4 Chairman Feltner read aloud, and the Board adopted Resolution No. 25-029, recognizing May 2025 as Myositis Awareness Month in Brevard County. Minerva Rogers stated she is honored to be present as an advocate for myositis awareness; as someone living with Dermatomyositis, one type of myositis, she knows firsthand the challenges that come with the rare and misunderstood disease; and she expressed her thanks to Chairman Feltner and his team, and to all of the Board for recognizing the importance of Myositis Awareness Month. She stated this proclamation is not just words on paper, it is a step forward towards a greater understanding, earlier diagnosis, and better support for those affected with myositis; myositis could be invisible, but its impacts are life changing; fatigue, muscle weakness, chronic pain, and skin reactions are daily battles for many; that is why raising awareness is so critical; by shinning a light on myositis, they are not only supporting those who live with it, but are also encouraging research, better treatment, and a stronger community; today, it is recognized that no one should fight myositis alone; with awareness comes action and with actions comes hope; and she expressed her thanks for standing with Page 1 of 50 April 22, 2025 them on this fight. Result: ADOPTED Mover: Rob Feltner Seconder: Katie Delaney Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman E.2. Resolution acknowledging May 1st as National Day of Prayer in Brevard County. - District 4 Chairman Feltner read aloud, and the Board adopted Resolution No. 25-30, recognizing May 1, 2025, as National Day of Prayer in Brevard County. Loretta Dozier, Founder of Dove Bible Club, expressed her thanks to the Board and to Chairman Feltner; she welcomed the new Commissioners stating it is good to see their faces; she is the founder of Dove Bible Club, which is an afterschool club that shares the gospel of Jesus Christ with students in schools; she is also the Brevard County coordinator for the National Day of Prayer (NDP) Task Force; and the goal and mission is to multiply into unified public prayer for America. She added Kathy Branzell, President of NDP Task Force, is over the entire United States, where she is gathering all of the States, and praying for America on that day; everyone heard Chairman Feltner say since 1775 and in 1952, President Harry Truman called for a day of prayer; President Ronald Reagan, in 1988, designated it as the first Thursday, so every first Thursday in May there is a NDP; millions of people would be praying for family, business, education, the military, the government, the church, and the media; and those present is just a few representatives of the different people who will be praying in Brevard County. She stated they just want to thank all of the Board for designating May 1, 2025, as a day of prayer in Brevard County, which for the last eight years had been done; and those present gave the Board a hand of applause. She mentioned President Donald Trump, said, “We need God. We need God in our nation, in our government. We need God. We want God.” She added he declared, when he talked about the resurrection of Jesus Christ and he celebrated Holy Week, Jesus died, he was buried, he came back to life, and now he is sitting at the right-hand of the father; she wants to introduce and see the Board’s constituents; and if seeing this here, the theme for the NDP this year is coming from Romans 15:3, pour out to the God of Hope, and be filled; if wisdom is needed, call out to God; if peace is needed, call out to God; and she provided the Board with a brochure. She reiterated thanking the Board, again, for a day of prayer in Brevard County; and she would love for the NDP volunteers to introduce themselves, for the Board to know who are its constituents. Evie Ostrander stated Pastor Mark Ostrander is Pastor of The Mission Church; there are several churches represented here; she pointed out the Board has been provided a handout that gives the Board a listing from early in the morning to later in the evening; there are prayer events all around the County and there is 51 actual locations, and virtual meetings; even the U.S. territories are getting involved and there is one in Puerto Rico; and there is more than what is provided. She added they all go up on the Florida website to show Florida; the Board should see the red dots all over Brevard County of the gatherings of all kinds of churches and businesses, with multiple languages, ministries, home groups, kids at schools, flagpoles, and government facilities that are all located throughout the County, and in multiple languages which is amazing to her; some of these churches are multi-church gatherings in one place and/or there are some churches that are open, but just have all day prayer for people to walk in and pray at many times; today is important because it came through the government for all Americans to pray on this day; and she wanted the Board to know that beyond this day, it is always prayed for. Page 2 of 50 April 22, 2025 Chairman Feltner stated it needs it; and he expressed much appreciation. Ms. Dozier stated she wants the Board to see whom she has with her and where they are from. Pastor John Keen stated he oversees Acts II Ministries in Melbourne. James Fontenot stated Love, In The Name of Jesus Christ (INC). Richard and Evelyn Colon stated Community Gospel Truth in West Melbourne. Pastor Bawanna Bostic stated City of Refuge Christian Center, Cocoa; she had the pleasure of praying at a Board meeting two weeks ago; and she is happy to be here again today. Evelyn Colon stated Community Gospel Truth; she also works with Dove Bible Club; and she volunteers for NDP Task Force. Margaret Erwin, Prayer Coordinator, stated The Mission Church, Palm Bay. Edie Martinez stated Gospel Truth. Brenda and Willie Garcia stated The Mission Church, Grant-Valkaria. Reverend Marcella Rojas stated MARPLLUS Ministries. Brother Ed stated The Mission Church, Palm Bay. Result: ADOPTED Mover: Rob Feltner Seconder: Katie Delaney Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman F.1. Waiver Request, Re: Waiver of Parking Requirement (25WV00004) and Waiver of Wall Requirement (25WV00005) for Met-Con Site Plan (25AD00003) District 1 The Board granted a waiver of Section 62-3206(d)(18), which requires one parking space per 500 square feet of floor space to allow the reduction of required parking for the proposed new development; and granted a waiver of Section 62-3202(h)(10), which requires a six-foot masonry or solid wall when site planning commercial developments within a BU-1, BU-2 or Industrial zoning and adjacent to a residential zoning designation. Approval is subject to the criteria depicted in site plan 25AD00003, the Alternative Parking Design Exhibit, and the conditions outlined in the Summary Explanation and Background section of the Agenda Report. Result: APPROVED Mover: Katie Delaney Seconder: Thad Altman F.2. Approval Re: Interlocal Agreement with the City of West Melbourne for Sheridan Road Sidewalk Improvements - District 5 The Board approved and authorized the County Manager to execute the Interlocal Agreement with the City of West Melbourne for the Sheridan Road Sidewalk Improvements; authorized the Page 3 of 50 April 22, 2025 County Manager to execute any necessary agreement-related documents, such as amendments, contingent upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services; and authorized the County Manager to approve any Budget Change Requests associated with this action. Result: APPROVED Mover: Katie Delaney Seconder: Thad Altman F.3. Legislative Intent and Permission to Advertise Amendments to Chapter 62, Article VII, Division 2, Section 62-2844, entitled Performance Security, to allow the Public Works Director to release or reduce performance security, as appropriate, for the construction of improvements associated with subdivisions and plats upon issuance of a certificate(s) of completion. The Board granted legislative intent and permission to advertise amendments to Chapter 62, Article VII, Division 2, Section 62-2844, entitled Performance Security, to allow the Public Works Director to release and reduce performance security, as appropriate, for the construction of improvements associated with subdivisions and plats upon Issuance of a Certificate(s) of Completion. Result: APPROVED Mover: Katie Delaney Seconder: Thad Altman F.4. Single Source Request with WesTech Engineering, LLC for Mims Water Treatment Plant Clarifier Improvements ($1.3M) (District 1). The Board approved the Single Source Request for the Utility Services Department to purchase the Mims Water Treatment Plant clarifier equipment from WesTech Engineering, LLC; authorized the County Manager to execute the Single Source Justification and Approval Form; and approved any required Budget Change Request (BCR), amending the five-year Capital Improvements Plan (CIP) as related to this project, and any reimbursement requests, amendments, or other administrative actions to initiate the single source purchase. Result: APPROVED Mover: Katie Delaney Seconder: Thad Altman F.5. Approval, Re: Resolutions and Public Transportation Grant Agreements, Florida Department of Transportation Public Transit Block Grant Program. The Board approved the following actions for State Fiscal Year 2026 Public Transit Block Grant from the FDOT, in the amount of $1,930,380: executed and adopted Resolution No. 25-031; authorized the Chair to sign the follow-up grant agreement, contingent upon County Attorney and Risk Management approval; authorized Terry Jordan, Transit Services Director, to execute any additional follow-up documentation, resolutions, and amendments necessary to secure these funds; and authorized the County Manager to execute necessary Budget Change Requests. Result: ADOPTED Mover: Katie Delaney Seconder: Thad Altman F.6. Appointment(s) / Reappointment(s) Page 4 of 50 April 22, 2025 The Board appointed/reappointed Eric Michajlowicz to the Planning and Zoning Board/Local Planning Agency, with term of appointment expiring December 31, 2026; and John Moran to the Tourist Development Council, with term of appointment expiring October 7, 2028. Result: APPROVED Mover: Katie Delaney Seconder: Thad Altman F.7. Bill Folder The Board acknowledged receipt of the Bill Folder. Result: APPROVED Mover: Katie Delaney Seconder: Thad Altman G. PUBLIC COMMENTS (Individuals may not speak under both the first and second public comment sections.) Elizabeth Blackford stated she is present to talk more about some of the excellent ideas from this year’s Speak Up Brevard submissions; she would like to draw the Board’s attention to four suggestions that could easily be combined and approved; they are numbers 23, 36, 68, and 75; these ideas are likely to succeed because they offer these advantages; first, they use programs already in existence at Keep Brevard Beautiful, the University of Florida Institute of Food and Agricultural Sciences (UF/IFAS) Extension Office, and the Brevard County Sheriff’s Office Work Farm programs; second, they offer landscape training, certification, and hiring incentives to County residents and inmates, in a line of work with otherwise very low barrier entry; third, they reduced beach and roadside litter from entering and polluting the Lagoon; and finally, they would steadily remove invasive plants like Brazilian Pepper, replacing them with properly maintained native plants and trees. She added while researching the four suggestions, the ad hoc committee identified existing County programs that already provide necessary training and personnel; two of the offices said their programs are currently being revised; and making this an ideal time to incorporate any new material with minimal effort. She stated she provided the Board and the County Manager with a summary of the relevant Citizen Efficiency and Effectiveness Recommendations (CEERs), briefly showing how consolidation, revisions, and use of existing resources could bring four great ideas to life, and at a minimal expense; and she is hopeful the Board will vote to accept the four recommendations, with revisions at the May meeting. Dolores Conway stated in July 2023, the Florida Legislature designated the South Beaches, now called the Brevard Barrier Island Area (BBIA), as the Area of Critical State Concern (ACSC); today she would like to address the native trees and shrubs on the BBIA, in the ACSC; trees, especially those in tight groups can act as wind breaks, slowing down the wind in a hurricane; a tree canopy also reduces the force and the speed of the rain before it hits the ground; roots hold the dirt in place and absorb the stormwater runoff; trees are essential to the barrier island; years ago, the Brevard County Code of Ordinances excluded tree protection for most of the island; many lots west of State Road A1A are around 75 by 150 or .26 acres, while others are around one acre; the exclusion site size for saving trees is one and one-quarter acres and under; the County Code has 28 pages of detailed information about land clearing and tree protection, but excludes most of the lots on the barrier island; she thinks this was an oversight at that time; Section 65, landscape performance standard, states single-family lots, one and one-quarter acres or less are exempt from removal and replacement criteria, as outlined in Section 62-4341(18), including specimen tree criteria; the exemptions for lots under one and one-quarter acres is having a devastating effect; trees are being removed and not Page 5 of 50 April 22, 2025 replaced; once all the native trees and shrubs have been removed from a lot, it is never the same; and the trees are gone forever. She mentioned she has some pictures to show the Board on the overhead projector of before and after development of a lot; she showed the Board two lots before they were developed and after development, with just a couple of Palm trees; she showed a house where most of the landscape was kept and the house was pushed towards the ocean, and there is a driveway showing, that most of trees were kept; there are ways to do it; and trees that should be saved and that are good for the BBIA are Live Oaks, Seagrapes, and Sand Live Oaks. She added to save the native trees on the island, she asked for the Board to consider amendments to the County Code, which removes one and one-quarter acres, or less, and replaces it with one-quarter acres, or less; and under Section 65-4334, the single-family lots of one and one-quarter acres, or less, that have a Certificate of Occupancy (CO) would go to one-quarter acres, or less, and the same with Section 65-4341. She stated in 2019, former Commissioner Curt Smith, and staff did a lot of work addressing this problem, but the Commission did not take it up; and she asked if the tree preservation amendments could get a second look to try to get that exemption removed. Commissioner Delaney ask if Ms. Conway minded emailing that to the Board. Ms. Conway responded she will email it to everybody; and she stated she is from District 3. Christina Fleming stated today she wants to talk about the firefighter Emergency Medical Technicians (EMT), who have been serving their communities for five to 10, or more years; those who have stood the test of time enduring countless 24’s, been there through the holidays, missed the birthdays, celebrated in turnout gear, and the life-changing calls that leaves lasting marks; these are not new recruits, they are seasoned firefighters and they are fathers, mothers, husbands, wives, and neighbors; now they are being told, “It’s time to go to paramedic school. It’s mandatory. Figure it out.”; and she asked to figure what out. She went on to say these are men and women who, after years of stagnant wages, had no choice, but to build a second job into their lives just to support their families, to put food on the table, to afford housing in the very communities they protect; they have created budgets that work, barely; budgets that do not include quitting that second job or coughing up hundreds of dollars in fuel for weekly clinicals and classes; budgets that do not stretch to cover the unpaid hours away from their families; now, they are being asked to throw that structure away, to give up the few hours they have left with their kids and their spouses, just to meet a requirement that was signed years ago; and they are not talking about an unwillingness to serve, but is talking about exhaustion, about respect, and about fairness. She added yes, the job evolves; yes, there is a need for medics; what is being done here is not support; it is pressure; it is force; it is disrupting lives, marriages, mental health, and a financial stability; they are cornering the very people who have already given so much; they are taking the firefighter to become a paramedic, and in turn, while they are in school getting their medics, and then becoming medics after a year; then they are hiring another firefighter EMT to fill the spot that was just vacated; and the Board is making it a shell game which is a waste of time and money. She continued to say if leadership wants medics, then they need to invest in them; they need to hire them with comparable wages, do not punish loyalty with mandates, reward it with partnership because the bottom-line is they cannot keep asking more from people without giving them more to work with; and they are not building a stronger Department this way, but it is burning out at the core. Sandra Sullivan stated the County is in fiscal crisis with a $2.2 billion budget; the County has $2.2 billion in capacity needs and maintenance needs for roads; the firefighters is another illustration of just how poorly this County has been managed fiscally; but there is a big secret, shh, do not tell anybody that there is a situation with Space Florida, because they are not paying taxes. She stated the Board probably saw the news that came out in Spectrum that Page 6 of 50 April 22, 2025 there is a massive amount of development that is going to be happening at Space Florida; last year, Legislatively, the Legislators allowed Live Local there, and now there is hotels, recreation, and lots of other things; it is interesting, that the National Aeronautics and Space Administration (NASA) does not allow those uses, by its lease agreement; but she is sure they will change that. She mentioned the Board did a study, under Public Comments, and the way it was done was not legal on Merritt Island incorporation; the biggest piece of information that came out of that was unfunded liability for flooding between $5 and $10 million to the County, and that is why the Board wanted to hand it off and get rid of it, because who is going to pay for that; Commissioner Goodson has been great on this subject by bringing it up; Space Florida does not want to pay for it, they said in this room, that they want to use other people’s money, and meaning, they want to use the taxpayer’s money; this problem that they have, the County paid $500,000 for a hydrology study which puts that on the 10-year floodplain; and she pointed out and showed the Federal wetlands inventory, which is clearly a problem. She stated that in the North Brevard Economic Development Zone (NBEDZ) minutes, it shows that they wanted to tap into NBEDZ to pay for the sewage pipes going to the Sykes Creek; she showed Sykes Creek has one of the highest dumps in Brevard County for sewage dumps; there is a problem here, because the Federal government says when Federal land is leased to private entities, that the local government of the State and Brevard County has the right to do taxation; if, when reading the State statute, they gave Space Florida the right to not be taxed land wise, but not the improvements; since the Board has a fiscal crisis ahead of it, it is putting its blinders on, and pretending it does not see this problem, it is time for the Board to go to the State to get some legal opinions, if needed, or to go to its own attorney, who seems to do the will of the Commissioners which is why she is suggesting going to the State to get this fixed; but the Board is wanting to put the burden on the people, which is just too much. Karly Cooke stated she is a public affairs specialist for the Small Business Administration (SBA) for Disaster and Recovery; right now, their Florida declaration is open again, for all of the survivors of Hurricanes Helene and Milton disasters, and for those who were not able to get disaster loans; the SBA has physical damage loans, which are loans for people who were directly hit by the Hurricanes; the SBA also has Economic Injury and Disaster Loans (EIDLs) for those people who were indirectly hit by the disaster; for all of the survivors out there, SBA does have loans that will be able to help a person manage to get his or her house, or anything back to where he or she wants it; this is for businesses, homeowners, renters, and more; it is open for everyone, and it is very beneficial to the community; at www.SBA.gov/disaster.com is where he or she would be able to apply; and there is also the Business Recovery Centers (BRCs) all around Florida, for the survivors to be able to apply. Chairman Feltner inquired if Ms. Cooke came all the way from Atlanta to tell the Board about this. Ms. Cooke responded she came from Palm Bay to talk to the Board today; but the speaker’s card has an address from Atlanta. Commissioner Altman expressed his thanks for Ms. Cooke being there today. He stated they want people to take advantage of these hardships; and he inquired when the deadline is for filling out those applications. Ms. Cooke replied for the physical damage loans, the deadline is April 27; and for EIDLs, the deadline is June 30. She mentioned there being 60-day grace period to apply, giving the applicant some room to work with. I.1. Request approval to Advertise a Request for Proposal for County Manager Search/Recruiting Consulting Services. Page 7 of 50 April 22, 2025 Melissa Power, Human Resources Director, stated Item I.1., is a request for approval of an RFP for the County Manager search/recruiting consulting services; pursuant to the Board’s direction at the April 8, 2025, meeting, staff drafted an RFP seeking proposals for consulting services to assist the Board with the search for qualified candidates for the position of County Manager; attached to the Agenda Item, is the scope of services, and the selection criteria for that RFP; staff is requesting approval to advertise the RFP; in addition, staff is seeking approval of the selection and negotiation committee, and similar to what was done in 2017; the proposed committee includes the Director of Human Resources, the County Attorney, and either a Commissioner or designee of the Board; with the Board’s approval an RFP will be advertised and the selection committee will review the proposals submitted; after the review, the committee will bring its recommendations back to the Board for final consideration; and once the Board approves the selection of the consulting firm, the selection and negotiating committee will negotiate the terms of contract; and bring that final contract back to the Board for final approval. Chairman Feltner asked if this is about the consultant at this point, not necessarily the minimum requirements for the next County Manager, and that is something that the Board will work out with the consultant. Ms. Powers replied yes. She stated once the consultant is selected, the Board could work with the consultant. Chairman Feltner clarified this is just the RFP for the consultant today. Commissioner Delaney stated she does not know if the Board had a chance to see some of the changes that she proposed in the RFP; personally, she would love to see this be more in the public, and not so much behind closed doors with a committee; some of the changes that she is proposing is to get rid of the Cone of Silence and like she said, she would like to be more in the public, for the Board to ask its questions at a meeting or at a workshop, or however, it decides to do it; rather than a three-member panel committee, she would like to have the whole Board, as the people who picks the consultant; she was also hoping for the Board to ask for email copies; it says in the RFP, that the County is not required to notify submitters of amendments; she thought it would be nice for the Board to send that out to people, so that they are aware if there are any changes that are made to it; a majority vote is required to add a candidate; she feels, that the Board Members should have the ability to bring forward somebody who he or she would like to interview; there was no minimum amount of candidates stated and she is hoping that the Board could ask the consultant if they are capable of bringing forward a substantial amount, she put 20, but she is not sold on that amount; no community engagement request specified and she would like to request the firm’s prior experience with community engagement; not all firms are created equal, in her opinion, some people might do a better job of engaging the public, and it would be nice to hear about that experience; there were no samples requested of the firm’s RFPs and she feels like the Board should be able to see a sample of their work, before the Board decides to hire them; another is, it states bi-weekly updates on the candidate search, and she would prefer weekly updates; and social media is not included in the reference checks and in 2025, she just believes that social media accounts should be checked. Chairman Feltner inquired for his own clarification on that, when Commissioner Delaney is saying social media references, what she means by that, is it for the consultant or the candidate. Commissioner Delaney responded in the RFP for the consultant, it talks about things the Page 8 of 50 April 22, 2025 County is asking them to verify the educational background of the Board’s selected candidates and conduct, criminal, financial, and newspaper; and she is asking to add social media and civil litigation checks. Chairman Feltner clarified for the consultant. Commissioner Delaney replied, right. Chairman Feltner asked if there were other things on her list, because he did not mean to interrupt her. Commissioner Delaney replied sure. She added there was no time limit requested and if the Board could provide a recommended event timeline for the County Manager procurement process; and those are just some of the things. Chairman Feltner stated he thinks the Board is happy to try to address some of those; he thinks there might be a legal question or two in there; and he asked for Morris Richardson, County Attorney, to weigh in on this issue of Cone of Silence, specifically. Mr. Richardson responded Board Policy BCC-25, requires the Cone of Silence in every solicitation; the purpose of the Cone of Silence is actually for transparency and to prevent individual lobbying of Commissioners, and decision makers; in the process, it requires a more transparent, and public process; it has a fundamental protection of the process; he read aloud from BCC-25, “It is designed to protect the professional integrity of the public procurement process by shielding it from undue influence prior to the recommendation of contract award.”; the Board would have to waive BCC-25, in order to adopt that particular recommendation; it is a requirement of every State agency under State law; and the State law, Chapter 287, does not directly apply that to local governments, most local governments have adopted it. Commissioner Delaney stated her thought was not to get rid of transparency; she would like the Board to forego this Policy and to have this public; basically, the consultants could come to a workshop or a Commission meeting and they could give the Board their spiel, then the Board decides; and it was never intended for any kind of backdoor deals or anything like that. Chairman Feltner advised he understood. Mr. Richardson continued to read aloud from BCC-25, “The Cone of Silence does not apply to the County’s designated representative noted in the solicitation or discussion at a duly noticed Pre-Proposal Conference or at a public meeting.”; he stated Cone of Silence does not apply to public meetings; and if that is the concern, there is no need to eliminate the Cone of Silence. Chairman Feltner advised he does not think they are in conflict; there are definitely going to be multiple public meetings about this; he asked about the issue of the timeline; he stated in this RFP, he agrees with Commissioner Delaney, in theory, and in his mind at the beginning of the new Fiscal Year, the County has a County Manager; and he asked if that is where she is headed. Commissioner Delaney replied yes. Chairman Feltner asked the Board if it is amenable to that, as a timeline amendment. Commissioner Adkinson remarked sure. Page 9 of 50 April 22, 2025 Chairman Feltner advised that could probably be in the motion. Commissioner Delaney asked about the weekly updates from the consultant, instead of bi-weekly. Ms. Powers responded the scope of services is just intended to give the vendors an idea of what the County is looking for, so that he or she can provide a responsive proposal; and she reiterated the details of how the search is going to happen will still be worked out between the Board and the vendor once it is selected. Chairman Feltner asked when the consultant is hired; and the Board says here is what he or she is going to do, along with the timeline, and those kinds of thing. Ms. Powers replied affirmatively. Chairman Feltner remarked but it would not hurt if it were in the RFP. Ms. Powers replied no; and she stated staff did include that. Chairman Feltner advised he is okay, personally, with weekly updates; he does not think that is unreasonable; and at the close of business on Friday, Ms. Powers sends the Board an email. Commissioner Delaney stated exactly; and the three others that she feels passionate about would be the samples of RPFs that they have put out before. Chairman Feltner asked if that is part of the process; and he stated he does not mean to interrupt. Frank Abbate, County Manager, responded they do not do Request for Qualifications (RFQs) or RFPs; they respond to proposals; but they do not do any. Commissioner Delaney questioned what other proposals; she stated whatever their sample proposals have been in the past; and she figured that before the Board hires somebody, it should see what his or her work has been in the past. Chairman Feltner stated that would indicate that he or she has done this before, in other jurisdictions; they could include, basically, a resume that shows two other jurisdictions he or she done this in; and he asked if that is what he is hearing. Commissioner Delaney replied exactly. Chairman Feltner inquired what staff thinks about that. Kathy Wall, Central Services Director, responded this RFP does ask for resumes of the people who are going to be working on this. Chairman Feltner advised since the RFP asks for the resume, maybe the Board can just follow-up when it comes to some candidates, and say can… Commissioner Delaney interrupted by saying send the Board some samples. Page 10 of 50 April 22, 2025 Chairman Feltner went on to say can the applicant send the Board some, because he thinks one will lead to the other. Commissioner Delaney stated the next one is the emailed copy, if the people who are applying for this could email their version and not just the Universal Serial Bus (USB) because she feels like that will be more accessible, easier for not only staff if there a Public Records Request, or something like that, it is simpler to just pop an email over than it is to have to fuss with… Chairman Feltner inquired if she means their work versus. Commissioner Delaney replied of their resume or their application for the job. Chairman Feltner inquired if rather than having a USB dropped off can staff put that on a share drive or something like that. Mr. Abbate explained that the Purchasing process handles those type of items; they apply to all current processes for RPFs and RFQs; if she wants fundamentally to change the process of what staff is doing, which is what is being talked about here. Chairman Feltner clarified once they have a consultant, he thinks they can just clarify that they are going to send the Board things electronically. Commissioner Delaney stated that she thinks that this was more so targeted to the actual applications; and she just figured that it would be more efficient to… Chairman Feltner remarked the applications for County Manager or the applications for the consultant. Commissioner Delaney referred to the consultant, because she thinks people are interested. Ms. Wall advised staff does get a USB drive on every proposal received. Chairman Feltner stated how about this be split; and whenever the USB is delivered staff could just put it on some sort of share drive for the Commissioners to have. Commissioner Delaney remarked perfect. Ms. Wall stated that is fine. Chairman Feltner asked if that is fair. Commissioner Delaney replied that works. Ms. Wall agreed Commissioner Delaney stated the final thing is the three-member panel versus the Board making this decision. Chairman Feltner inquired what the pleasure of the Board is; he stated he is happy to do this or if somebody is nominated by the Board to do that, which he thinks was in the motion; it is going to be an inclusive process; all the Board is trying to do is get a consultant; and he tends to agree with Commissioner Delaney, that it needs to be done with some speed if meeting the Page 11 of 50 April 22, 2025 joint concern of having someone at the new Fiscal Year. Commissioner Goodson stated he really does not know how the Board is going to vote on this today with all the changes; and he thinks a small book would have to be written and sent to the Board. Chairman Feltner felt that the Clerk and the staff are clear on some of things that were just discussed. Commissioner Goodson asked if the Board is clear. Chairman Feltner asked for the motion to be restated. Commissioner Adkinson stated her motion is the same; and the motion is to approve the requested actions, with the Chairman appointed to the selection committee. Commissioner Altman stated he will second the motion. Chairman Feltner advised he thinks a couple of key amendments were added to that; and the Board establish a timeline that it will have a new County Manager hired by the beginning of the new Fiscal Year Commissioner Adkinson stated that friendly amendment is accepted. Commissioner Altman accepted that amendment. Commissioner Delaney accepted that amendment; and she stated then the bi-weekly to the weekly. Commissioner Goodson stated no. Chairman Feltner advised he thinks that is an administrative thing; and the Board has agreed collectively as a Board that that is going to happen. Commissioner Delaney stated awesome; and she expressed her thanks to the Board. The Board approved advertising a RFP for County Manager search/recruitment consulting services pursuant to Board Policy BCC-25, “Procurement”; appointed Melissa Powers, Human Resources Director, Morris Richardson, County Attorney, and Chairman Feltner to the Selection and Negotiating Committee; directed the Selection and Negotiating Committee, after final selection of a firm by the Board, to negotiate the terms of a professional service contract with the selected firm and bring the contract back to the Board for consideration; and directed staff to establish a timeline to hire a new County Manager by Fiscal Year 2025-2026. Result: APPROVED Mover: Kim Adkinson Seconder: Thad Altman Ayes: Delaney, Goodson, Adkinson, Feltner, and Altman I.2. Legislative intent and permission to advertise an ordinance providing for the General Fund recapture of the tax increment used to finance the North Brevard Economic Development Zone for the purpose of using such funds to support Page 12 of 50 April 22, 2025 Brevard County Fire Rescue, while honoring the existing contractual obligations and commitments made by the Zone. Commissioner Adkinson stated she is going to go ahead and make a motion; she moves to approve the statement of legislative intent; direct staff to prepare an ordinance implementing this intent; schedule and advertise the ordinance for public hearing; and direct the County Manager to develop a Fiscal Year 2025-2026 budget, with the additional $3.3 million allocated to a specific Fund, and to be designated to the BCFR budget. Commissioner Delaney asked if it is possible to amend this today and allow this to go through, if there were changes made. Chairman Feltner advised for the Board to let that consideration be part of the discussion, after going to the speaker’s cards; and there are eight or nine cards. Jessie Wright, Developer, stated he flew in from Los Angeles last night just for this meeting; he represents the old Searstown Mall project, which is a $220 million project with mixed zoning for a hotel, assisted living, and an apartment complex; and he noted his time is not running. He went on to say ending NBEDZ is the end of projects that can create jobs, tax revenues, and tourism; it will end the dreams of the small business owners and developers; why, because without incentives, they will not survive; what he is requesting is to allow NBEDZ to continue, the Board can still kill the projects as they come through, and see if they are legit or not; and promoting the small businesses is about growth, jobs, and tourism. He advised he is a witness of the hardworking people who work at NBEDZ for the last two and one-half years, especially his project; he is ending the runoff into the Lagoon on a 22-acre project; he rests his case, if killing NBEDZ is for political reasons; NBEDZ drives local growth; it was built for Titusville and North Brevard County, not Tallahassee or Washington; ending it gives away the local control of the communities future; grants have revitalized commercial areas, attracted tourism, and also has helped to reduce crime; NBEDZ often serves as the final push, that brings in millions of private capital to Brevard; without NBEDZ, the money may go to other counties or States, and weakening the competitive edge; this is not a political risk, but is a leadership opportunity supporting NBEDZ and protecting and creating jobs in this community; and voters remember who stood for opportunity, not who backed down under pressure. He went on to say small businesses, families, and job seekers support this program because it gives them a real chance to succeed and stay in Brevard County; he is hopeful for the Board to allow this to continue; he knows that Commissioner Goodson could possibly change his vote, as far as killing it; he knows that Commissioner Delaney stated that she ran on killing NBEDZ and she has confessed, that she does not need to; and he expressed appreciation for the Board’s time. Chairman Feltner advised Mr. Wright the Board has two questions; and he asked how much is he requesting from the Zone. Mr. Wright responded for the last two and one-half years, he has been working on a grant of about $2.4 million, with a division of about $800,000 for each segment of the project, as each section ends; and Morris Richardson, County Attorney, has been working with the City of Titusville’s City Attorney for well over two years Commissioner Altman expressed his appreciation to Mr. Wright, for coming to the community, and for working to upgrade the Searstown Mall; he grew up there; and he has been part of this community for a long time. Mr. Wright mentioned Commissioner Altman being a little boy when the Searstown Mall opened up. Page 13 of 50 April 22, 2025 Commissioner Altman agreed; he remembers when there used to be Tarzan Wonderland near there; he could tell him all kinds of stories; Titusville is a special place and the Board is excited about what he is doing; he expressed his thanks for that; and he inquired when he made the investment decision to purchase that Mall and upgrade it. Mr. Wright responded the offer was made back in 2017; he stated he purchased the property in February of 2018; the intention was to retrofit Sears; unfortunately, after Hurricane Irma came through, it flooded Sears; Sears filed for bankruptcy in July of 2018 and they wanted to rent it to another entity, which he ended up paying them to move out; retrofitting it was not an option; he saw the community’s need for a redevelopment; he then started putting residential in the front, facing US 1; he flipped the project and within the last couple of years, he changed the independent senior living to assisted senior living, because that is a need that the City has; that is why the project is moving forward; and as of right now, they should be done with the infrastructure within the next 30 or 40 days. Commissioner Altman stated it is his decision to make these investments; and he inquired if those decisions were based on, or acting in reliance of the local government providing this Tax Increment Financing (TIF), this redevelopment entity to help support his investments. Mr. Wright responded yes. He stated he is getting rid of the Searstown Mall built in 1965; there has been runoff into the Lagoon for well over 60 years; he assumed that this incentive given is to cover at least a portion of it; it is a $220 million project; and $2.4 million is just a little over one percent. Commissioner Altman inquired if NBEDZ was something he based his decision on to make these investments. Mr. Wright replied that is correct. Commissioner Altman advised he has a point to make during discussion; and he thanked Mr. Wright. Mr. Wright indicated that if this were a different meeting he would rescind the project. Commissioner Goodson expressed his thanks for Mr. Wright remembering his name; there are two other votes; he wanted to point them out for him Commissioner Adkinson and Commissioner Feltner; and he might want to make sure they change their votes. Mr. Wright stated he would dance on this table right now, if that is what it takes for them to change their vote. Chairman Feltner stated he met Mr. Wright before; and they had a meeting at his office. Mr. Wright stated yes, he remembers. Commissioner Delaney asked Mr. Wright to tell the Board a little bit about his project, as far as there being a business that is actively polluting right now, that Mr. Wright is not associated with, onto his property that goes directly into the Lagoon, and the upgrades and changes that he made on his property are basically going to make some huge impacts, right. Mr. Wright responded yes. He stated the contamination is from the Cumberland Farms, it is on Page 14 of 50 April 22, 2025 the northwest corner of the project, and it has been going on since 1983; he has been fighting Cumberland Farms, he is either going to end up suing them and the Florida Department of Environmental Protection (FDEP) because they believe that is their jurisdiction, and the city is not doing anything about it; the contamination goes from west to east and it ends up in the Lagoon; he is putting them under pressure to end this, either take it out and do something to give him the no further action letter; and yes, he is making sure, he is a stand-up guy, that this polluting of the Lagoon is going to stop, which has been going on for 60 years. He added in addition to the runoff, there is benzene that is going underground; the water tap is about three to four feet and it moves with the water; and it is going towards the Lagoon. Chairman Feltner clarified Cumberland Farms is located on Hopkins Avenue. Mr. Wright replied affirmatively. Tom McCullough stated he works for SpaceTEC Partners, Inc., located in Titusville, and they are in the middle of operating, standing up a training facility on Chaffee Drive to help with manufacturing skills for trades in the aerospace industry; this started out as a grant from Florida Department of Commerce; he also worked with Troy Post, North Brevard Economic Development Zone Director, for an agreement of funds to help them, and to be located in North Brevard to help be qualified for those funds; they are in the middle of standing up and building out this facility right now; he wanted to cover where it says honoring existing, contractual agreements; and he is wondering if that is going to continue being the case. Chairman Feltner stated he believes that is the case. Mr. Richardson replied the law requires it. Mr. McCullough concluded by saying required by law makes him very happy. Bart Gaetjens, Chairman of the Zone, stated he moved to unincorporated Titusville in 1990, he did not know much about Brevard County, but it became readily apparent to him that while working throughout the County, there existed an economic iron curtain starting at the Beachline Expressway, Bee Line back then, and heading north to the County line; North Brevard has experienced many economic downturns from the demise of the Mercury and Apollo Programs, the move of the governmental agencies to Viera, and most recently, the end of the Shuttle Program; in 2012, Scott Pelly of 60 Minutes, did a segment on Titusville, after the Shuttle Program ended; and it painted Titusville as dilapidated and inferred that it was finished. He continued to say Titusville knew it needed to diversify and the Zone was created; some will say, it already has an Economic Development Commission of Florida’s Space Coast (EDC), and is therefore, a duplication of efforts; he is the past chair of the EDC and it does a fantastic job, but not all economic consultants are aware of the advantages and the opportunities that North Brevard offers; as these consultants often insist on locations in a better-known area, in the south end of the County, and therefore promoting the benefits of North Brevard is a job of the Zone staff and the board members; many state that there is no need to offer incentives to the Bezos’ and the Musk’s, and yet, all five districts in Brevard have employees working for those companies; and these employees buy homes, pay property taxes, etcetera, which benefit the entire County. He stated simply put, if North Brevard has a population of approximately 45,000 and the future population, and job growth decrease, then the residents will be paying the increased taxes or receive less services, as the cost of materials and labors increase; the Zone Projects portfolio lists 165 businesses as having been assisted with financial, technical, or both services; the Zone has granted 54 incentivized Projects, where employers must meet certain criteria, or do not receive the incentive or grant disbursements; some of the small businesses Page 15 of 50 April 22, 2025 which have created jobs in North Brevard, include Raider Outboards which is currently creating an electric outboard motor for the Ukraine defense ministry, Paragon Plastics, Inc., GenH2, New Energy Electric, Precision Shapes, Inc., and Red Canyon Software; all of those businesses started with less than 15 employees; as the Board heard from Mr. Wright, the Zone also assisted with redevelopment, such as the Miracle City Mall and transformed it into Titus Landing; and the Zone is currently working with Mr. Wright on the Searstown Mall. He mentioned hearing comments such as, “Well, you all are back on your feet and no longer need the Zone.”; to him, that would be like Urban Meyer in a championship game telling Tim Tebow, “It’s the third quarter. We’re up by three, take a seat, Tim, we got this.”; the Zone serves an essential function; without the Zone, his fear is that a reemergence will be seen of the economic iron curtain; and the Zone is making North Brevard a better place in which to live, work, and play. Bob White stated he is pleased to be able to be here today to speak on behalf of this and to speak on behalf of the Republican Liberty Caucus of Florida; the Board knows their Jeffersonian principles are personal liberty, limited government, and free markets; he wants to share something with the Board from the Declaration of Independence, “Governments are instituted among men, deriving their just powers from the consent of the governed.”; and that phrase reflects the social contract theory, which suggests that individuals agree to give up some freedoms, in exchange for the protection of their rights by a government. He stated there is always this conflict that exists between individual liberty and the existence of government et al; that is where that consent of the governed always has to come into play; as far as personal liberty and limited government, by doing this the Board has an opportunity to eliminate an entire layer of government, which obviously, it served a purpose, a very valuable purpose, no one would argue that there was not a need at one point for an NBEDZ to exist, and clearly it served a useful purpose; but he is one of those people who believes that it has run its course and is no longer necessary. He went on to say the consent of the governed ought to be now; take those funds and move them to an area of expense that all would agree is absolutely essential; that of course is BCFR and emergency services; he does not think there is anybody in this room that would disagree that that is an essential government function; this is an opportunity to eliminate a layer of government, that is no longer in play, no longer necessary, and actually use that funding for a level of government, a purpose of government that they all agree is necessary; as far as the free market goes, that third Jeffersonian principle, he thinks clearly, while there may have at one time been, that barrier that was talked about for the Beachline, he does not believe that exists any longer; he does not live in Titusville and he does not claim to know everything there is to know about Titusville, but he has watched the development that has been happening up there, it has been going on, and certainly some of that has been because of NBEDZ, but not all of it; it is standing on its own firmly, and he thinks it can continue to; and he encouraged the Board to go ahead with this Item and approve it. Robin Fisher stated in 2011, he came down from that dais and walked down here to make a presentation to the Board of County Commissioners about the NBEDZ and how he thought it was important for the future of North Brevard; it is ironic, that 14 years later, he is back and trying to save the Zone; as a Commissioner, this is a 72-mile long County, and is ‘only as strong as your weakest link’, if there was a chain on that 72 miles; as a Commissioner, he always tried to make sure that he was doing his best for the entire County, and he made sure he was not doing anything in one part of the County to hurt another part of the County; and he thinks this move would definitely hurt North Brevard. He mentioned during his time as Commissioner, he made sure the Board was able to do things; for example, Commissioner Goodson, one year ago in his District, he remembers the Pulte Homes property, and the Board tried to make sure that is was successful because it created the Fortenberry Regional Stormwater Treatment System; in Districts 3 and 5, was the Field of Dreams, trying to create a Page 16 of 50 April 22, 2025 park for kids with a disability; and in District 5, the Board helped with the St. Johns Heritage Parkway (SJHP) which in 2008, 2009, and 2010 the economy was bad and people were judging whether the Board ought to be buying property, whether it could not pave the existing roads, and why it was extending the SJHP; the Board realized the value of SJHP in District 3; and he expressed his thanks to Commissioner Altman and Commissioner Goodson, for when they were in the House of Representatives helping to make that Field of Dreams happen, because they gave him State money which was a big thing for the Board. He stated it is important to realize the success in District 4, and Duda had a lot to do with the planning of it, but District 4 has greatly benefited from North Brevard by not taking the County Seat out of it and not taking the School Board out of it; it is now taking some of the Court System out of it; he thinks the County is better off; and he does not fault Viera, because he thinks a great job had been done and that it is the golden child for the County, but at the same time, he thinks they need to be sympathetic of the North Brevard situation because they have definitely benefited from it. He mentioned he was the first one when the Washington Nationals were vacating the Stadium and were moving, to create that Stadium for the United States Specialty Sports Association (USSSA); that has been good for Viera and the County; and he is proud of all of those things. He pointed out some informational facts that he wanted the Board to know, that in 1990, the population in Titusville was 40,000; in 2024, the population was 50,000; in 1994, the population was 398,000; right now, the population is 658,000; the County grew 260,000 people and Titusville has grown 10,000 people; he does not believe in the notion that in 35 years, if growing 350 people a year… He asked Chairman Feltner if he may have a second; and he expressed his thanks. He went on to say that he does not believe that only 10,000 people of the 260,000 people moving to the County, that has now arrived and it does not need any help anymore; Titusville is still considered the weakest link of this County and people are trying everything they can to change that; the Zone was a huge benefit for it; he is going to respectfully ask the Board to do something, by not killing the Zone; and if this is for the firefighters, his suggestion would be to table this and maybe, go back to the Zone board and ask the Zone board if it will reconsider how it allocates funds. He suggested considering that, there are six fire stations he believes in District 1, but he is not sure of that; if his research is right, there is Stations 21, 22, 24, 26, 29, and 44, and take half of the Zone dollars, and allocate it to those Stations in the Zone’s area; take half of those dollars and allocate it to those for the firefighters, for the infrastructure, and for the salaries, or whatever the Board has to do; it does not have to kill the Zone; but at least as a community in the north end, it is putting its money where its mouth is and it is trying to help the firefighters, and that is the way to do it without killing the Zone. He indicated that if he were up on the dais and making a motion, he would say table this and give the Zone board a chance to reallocate dollars and to look at possibly how the Board could help the firefighters, because that is what everybody said this was about, and still keep the Zone in place and help the firefighters at the same time. Commissioner Altman expressed his appreciation to former Commissioner Robin Fisher for being here and for his public service. He stated the Board does not get to hear from a former Commissioner often and it is wonderful. Mr. Fisher remarked it is usually not good when they have to come up. Chairman Feltner advised he actually hears from them all of the time. Commissioner Altman stated he means in public and here at the Board meetings. He noted as the Board moves forward, it knows what is happening with the challenges to meet Brevard’s economic growth and economic destiny of what is happening in North Brevard; and he asked what some of the shortfalls are that need to be fixed and addressed, that may not be addressed if the Board does away with NBEDZ. Page 17 of 50 April 22, 2025 Mr. Fisher responded he thinks the first thing is the North Brevard region getting its fair share; it is known by the population statistic, it has not had the kind of growth that the rest of County had; it is known that the Community Redevelopment Agency (CRA) from downtown Titusville is only creating $300,000 a year in revenue; there is really no additional revenue coming in that would allow it to expand and incentivize companies to come here; he admits, he loves that community, he has been there for 35 years, he would not want to live anywhere else, but they are not the shiny penny on the block; when there is opportunity for people to come to Brevard, they typically are going to Melbourne, Viera, or South Brevard; the Zone has given the incentive to allow it to have redevelopment, which is badly needed; there is still a section of the community that are in the 60’s; and the Zone has played a huge part in helping make Titusville better. He stated he is proud of where it has been since 2010, since the Shuttle started rolling out, but they are nowhere out of the woods; he thinks by taking the foot off the gas right now, it would be the typical thing that has happened to Titusville in the last 60 years; and when there is a little success, then somebody yanks the rug out from underneath it. Commissioner Goodson stated he does not know if Mr. Fisher has followed a developer wanting to develop the Sherwood Country Club and put in townhomes and homes; the public came out in an outcry; Commissioner Delaney spoke against it; it was approved in Zoning; he asked how can it be always North Brevard is not the shining penny when people speak against development up there; and he asked for help for him to understand that. Mr. Fisher stated he is not sure and he thinks people in general, all over the County, if it is going to affect them, they are going to speak about development; there are going to be some people who are supportive of it and some people who are opposed of it; he thinks, in that case, the people who lived on that golf course were… Commissioner Goodson interrupted by saying they had their piece of the pie and did not want anybody else to have it; one lady stood up and he found this to be totally funny, moved from New Jersey, and was going to have a lake behind her house; but did not want the alligator, but yet she moved to Florida. He stated think about it, because it is hard to understand. Mr. Fisher replied he understood. Commissioner Delaney stated she would like to expand on that just a little bit because of her name being mentioned; Sherwood is a bit different from the things that are bei